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21-001 1 ORDINANCE NO. 21- OC) 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE ABANDONMENT OF A 12' WIDE 5 WATER/SEWER 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 17 foot long section of the 12 foot wide water and sewer easement located 15 near the south side of the site to construct an addition to the cafeteria at Citrus Cove 16 Elementary School, and segments of the City's water and sewer lines fall within the footprint 17 of the planned 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 twelve (12') foot wide water/sewer easement, located at 8400 38 Lawrence Road. The property being abandoned is more particularly described as follows: 39 40 A PORTION OF A 12' WIDE WATER& SEWER EASEMENT TO BE 41 RELEASED RECORDED IN OFFICIAL RECORDS BOOK 22978, PAGE 1761 42 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, 43 LYING IN NORTHWEST QUARTER(1/4) OF SECTION 18, TOWNSHIP 45 44 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, MORE 45 PARTICULARLY DESCRIBED AS FOLLOWS: 46 {S.\CA\Ordinances\Abandonments\Abandonment of 12 wide Water Sewer Easement(Citrus Code)docx 47 COMMENCE AT THE WEST QUARTER(1/4) CORNER OF SAID SECTION 48 18; 49 THENCE ALONG THE EAST-WEST QUARTER(1/4) SECTION LINE OF 50 SAID SECTION 18,N87°55'22"E FOR 463.32 FEET; 51 THENCE NO2°04'38"W FOR 71.66 FEET TO THE POINT OF BEGINNING; 52 53 THENCE N01°53'25"W FOR 6.00 FEET; 54 THENCE N88°06'35"E FOR 17.24 FEET; 55 THENCE S20°22'49"W FOR 12.97 FEET; 56 THENCE S88°06'35"W FOR 12.32 FEET; 57 THENCE N01°53'25"W FOR 6.00 FEET TO THE POINT OF BEGINNING. 58 59 CONTAINING 177 SQUARE FEET(0.004 ACRES), MORE OR LESS. 60 61 62 Section 3. The City Manager is hereby authorized and directed to execute the 63 attached Disclaimer and cause the same to be filed,with this Ordinance, in the Public Records 64 of Palm Beach County, Florida. 65 66 Section 4. This Ordinance shall take effect immediately upon passage. 67 68 FIRST READING this \CA day of January, 2021. 69 70 SECOND, FINAL READING AND PASSAGE THIS a day of ‘t." , 2021. 71 72 CITY OF BOYNTON BEACH, FLORIDA 73 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 5-0 86 ATTEST: 87 / 88 89 G(„�rystal Gibso , MMC {b 90 City Clerk 91 92 (Corporate Seal) 1,)? {S:\CA\Ordinances\Abandonments\Abandonment of 17 wide Water Sewer Easement(Citrus Code)docx rat .-c)c 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 twelve (12') foot wide water/sewer easement, located at 8400 Lawrence Road. The property being abandoned is more particularly described as follows: A PORTION OF A 12' WIDE WATER& SEWER EASEMENT TO BE RELEASED RECORDED IN OFFICIAL RECORDS BOOK 22978, PAGE 1761 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN NORTHWEST QUARTER(1/4) OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 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°55'22"E FOR 463.32 FEET; THENCE NO2°04'38"W FOR 71.66 FEET TO THE POINT OF BEGINNING; THENCE N01°53'25"W FOR 6.00 FEET; THENCE N88°06'35"E FOR 17.24 FEET; THENCE S20°22'49"W FOR 12.97 FEET; THENCE S88°06'35"W FOR 12.32 FEET; THENCE N01°53'25"W FOR 6.00 FEET TO THE POINT OF BEGINNING. CONTAINING 177 SQUARE FEET(0.004 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 day of '(V)01 , 2021. CITY OF BOYNTON BEACH, FLORIDA ..ai.e/Jr _ 94.; C,0410:40‘0%.-32—a—c_____ stal Gibson, MMC Lori LaVerriere, City Manager ity Clerk r (S.\CA\Ordinances\Abandonments\Abandonment of 12 wide Water Sewer Easement(Citrus Code).docx STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared by means of 2/physical presence or El 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 \3 day of cr191 , 2021. 0 ARY PU: IC, State •f F %rida �OtY pGel,� TAMMY L STANZIONE My Commiss on Expires: Commission#c 5 Expires March 25GG,305120238 -4'OFF1o' eaWs°Thu Budget Notary Services (SAGA\Ordinances\Abandonments\Abandonment of 12'wide Water Sewer Easement(Citrus Code).docx