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21-002 1111111111111111111111111111111111111111111 C:FN 20210236763 OR BK 32509 PG 0-235 RECORDED 05/21/2021 15:06:50 1 ORDINANCE NO. 21- 0 Cha Palm Beach Counts, Florida Joseph Abruzzo,C:lerk 2 F'ss 0235 — 238; (4pssi 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE ABANDONMENT OF A 10' WIDE 5 WATER EASEMENT IN CONFLICT WITH 6 SCHEDULED CAFETERIA EXPANSION PLANS AT CITRUS 7 COVE ELEMENTARY SCHOOL,LOCATED AT 8400 LAWRENCE 8 ROAD; AUTHORIZING THE CITY MANAGER TO EXECUTE A 9 DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS 10 ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH 11 COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS,Applicant, School Board of Palm Beach County is requesting to abandon 14 an approximately 126 foot long section of the 10 foot wide water easement located near the 15 south side of the site to construct an addition to the cafeteria at Citrus Cove Elementary School, 16 and segments of the City's water and sewer lines fall within the footprint of the planned 17 improvements; and 18 19 WHEREAS,the applicant has agreed to relocate the utilities at their expense and will 20 dedicate and record new easements as part of the construction project; and 21 22 WHEREAS, comments have been solicited from the appropriate City Departments, 23 and public hearings have been held before the City Commission on the proposed abandonment; 24 and 25 26 WHEREAS, staff finds that the subject abandonment serves a greater public purpose, 27 and therefore recommends approval of the applicant's request subject to the relocation of the 28 utilities within newly dedicate easements. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH,FLORIDA THAT: 32 33 Section 1. The foregoing whereas clauses are true and correct and incorporated 34 herein by this reference. 35 36 Section 2. The City Commission of the City of Boynton Beach, Florida, does 37 hereby abandon a portion of a ten (10') foot wide water easement located at 8400 Lawrence 38 Road. The property being abandoned is more particularly described as follows: 39 40 LEGAL DESCRIPTION FOR 10' WIDE WATER EASEMENT RELEASE: 41 42 A PORTION OF A WATERLINE EASEMENT TO BE RELEASED 43 RECORDED IN OFFICIAL RECORDS BOOK 6390, PAGES 1033 AND 1037 44 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, 45 LYING IN THE NORTHWEST QUARTER(1/4) OF SECTION 18, 46 TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, {��t.v r -1 EEN{ -'1 {S1CA\Ordinances\Abandonments\Abandonment of 10'wide Water Easement(Citrus Cove).docx + CITY CLERK ..tut 1':1 '21 10:21'FM 47 FLORIDA, BEING 10 FEET WIDE, AND LYING 5 FEET ON EACH SIDE OF 48 THE FOLLOWING DESCRIBED CENTERLINE: 49 50 COMMENCE AT THE WEST QUARTER(1/4) CORNER OF SAID SECTION 51 18; 52 THENCE ALONG THE EAST-WEST QUARTER(1/4) SECTION LINE OF 53 SAID SECTION 18,N87°55'04"E FOR 480.04 FEET; 54 THENCE NO2°04'56"W FOR 71.33 FEET TO THE POINT OF BEGINNING 55 OF SAID CENTERLINE; 56 57 THENCE S88°06'35"W FOR 125.94 FEET TO THE POINT OF 58 TERMINATION OF SAID CENTERLINE. 59 60 CONTAINING 1259 SQUARE FEET(0.029 ACRES), MORE OR LESS. 61 62 63 Section 3. The City Manager is hereby authorized and directed to execute the 64 attached Disclaimer and cause the same to be filed,with this Ordinance, in the Public Records 65 of Palm Beach County, Florida. 66 67 Section 4. This Ordinance shall take effect immediately upon passage. 68 69 FIRST READING this\°( day of January, 2021. 70 71 SECOND, FINAL READING AND PASSAGE THIS a day of \L�, 2021. 72 73 CITY OF BOYNTON BEACH, FLORIDA 74 YES NO 75 Mayor—Steven B. Grant 76 77 Vice Mayor—Ty Penserga ✓ 78 79 Commissioner—Justin Katz ✓ 80 81 Commissioner—Woodrow L. Hay �✓ 82 83 Commissioner—Christina L. Romelus ✓ 84 85 VOTE 6 - o 86 ATTEST: 87 � � /� 88 /Ii//i��Atli( 4%i &I"Q. 89 Crystal Gibs. , MMC 90 City Clerk 91 If'"C) 92 (Corporate Seal) (S\CA\Ordinances'Abandonments'Abandonment of 10'wide Water Easement(Citrus CoVej.docx - moa DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of a ten (10') foot wide water easement, located at 8400 Lawrence Road. The property being abandoned is more particularly described as follows: LEGAL DESCRIPTION FOR 10' WIDE WATER EASEMENT RELEASE: A PORTION OF A WATERLINE EASEMENT TO BE RELEASED RECORDED IN OFFICIAL RECORDS BOOK 6390, PAGES 1033 AND 1037 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN THE NORTHWEST QUARTER(1/4) OF SECTION 18, TOWNSHIP 45 SOUTH,RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING 10 FEET WIDE, AND LYING 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE WEST QUARTER(1/4) CORNER OF SAID SECTION 18; THENCE ALONG THE EAST-WEST QUARTER(1/4) SECTION LINE OF SAID SECTION 18,N87°55'04"E FOR 480.04 FEET; THENCE NO2°04'56"W FOR 71.33 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE S88°06'35"W FOR 125.94 FEET TO THE POINT OF TERMINATION OF SAID CENTERLINE. CONTAINING 1259 SQUARE FEET(0.029 ACRES), MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this \3 day of Nnp..,1 , 2021. CITY OF BOYNTON BEACH, FLORIDA g,_ stal Gibson, MMC Lori LaVerriere, City Manager City Clerk t';"?() (S:\CA\Ordinances\Abandonments\Abandonment of 10'wide Water Easement(Citrus Cove)docx STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared by means of 1physical presence or 0 online notarization, Lori LaVerriere, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this \\ day of , 2021. �} TpMMYLSTANZI0N5 NOTARY PUB , State o F1 ida =o� ::•°`:8,� 58 c mmissi0fh 2023 My Commission Expires: •,` * March 25, * Expues ces mr '' eoc dmruaueastsotary$°"( 74.of (S.\CA\Ordinances\Abandonments\Abandonment of 10 wide Water Easement(Citrus Cove).docx