23-006 1 ORDINANCE NO. 23-006
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING THE ABANDONMENT OF THE 225-
5 FOOT LONG SEGMENT OF THE 20-FOOT WIDE RIGHT-OF-
6 WAY LOCATED WITHIN THE NORTHERN SECTION OF THE
7 PROPOSED THE PIERCE DEVELOPMENT APPROXIMATELY
8 175 FEET SOUTH OF THE EAST BOYNTON BEACH
9 BOULEVARD CENTERLINE (A.K.A. "NORTH ALLEY"), THE
10 225-FOOT LONG SEGMENT OF THE 40-FOOT WIDE NE 1ST
11 AVENUE RIGHT-OF-WAY, AND THE 335.02-FOOT LONG
12 SEGMENT OF THE 20-FOOT WIDE RIGHT-OF-WAY LOCATED
13 WITHIN THE SOUTHERN SECTION OF THE PROPOSED THE
14 PIERCE DEVELOPMENT, APPROXIMATELY 150 FEET NORTH
15 OF THE EAST OCEAN AVENUE CENTERLINE (A.K.A "SOUTH
16 ALLEY"); AUTHORIZING THE CITY MANAGER TO EXECUTE
17 A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS
18 ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH
19 COUNTY,FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
20
21 WHEREAS,Applicant is requesting three(3)abandonments(ABAN 22-001,ABAN
22 22-002,&ABAN 22-003)in conjunction with the following applications:The Pierce Rezoning
23 (REZN 22-001) to rezone the subject properties from CBD (Central Business District) to
24 Mixed Use-Core (MU-C), and The Pierce Master Plan(MPMD 22-005) and New Major Site
25 Plan(NWSP 22-004)for the development of an 8-story mixed-use development consisting of
26 approximately 17,089 square feet of ground floor commercial space and a supporting parking
27 garage with a total of 564 parking spaces; and
28
29 WHEREAS,staff has determined that the requested abandonment would not adversely
30 impact traffic or other City functions,and would not adversely impact other adjacent property
31 owners;and
32
33 WHEREAS, comments have been solicited from the appropriate City Departments,
34 and public hearings have been held before the City Commission on the proposed abandonment;
35 and
36
37 WHEREAS, staff has determined that the subject right-of-way no longer serves a
38 public purpose other than retention of a utility easement, if warranted and therefore
39 recommends approval of the request, subject to the accompanying conditions.
40
41 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
42 THE CITY OF BOYNTON BEACH,FLORIDA THAT:
43
44 Section 1. The foregoing whereas clauses are true and correct and incorporated
45 herein by this reference.
46
{SICAIOrdinances lAbandonmentslAbantlonment of ROW(The Pierce)-Ordinance.docx
47 Section 2. The City Commission of the City of Boynton Beach, Florida, does
48 hereby abandon the 225-foot long segment of the 20-foot wide right-of-way located within the
49 northern section of the proposed The Pierce development approximately 175 feet south of the
50 East Boynton Beach Boulevard centerline(a.k.a. "North Alley"),the 225-foot long segment of
51 the 40-foot wide NE 1st Avenue right-of-way,and the 335.02-foot long segment of the 20-foot
52 wide right-of-way located within the southern section of the proposed The Pierce development,
53 approximately 150 feet north of the East Ocean Avenue centerline(a.k.a "South Alley"). The
54 property being abandoned is more particularly described as follows:
55
56 South Alley Legal Description
57 A PORTION OF THE 20' ALLEYWAY AS SHOWN ON ORIGINAL TOWN OF
58 BOYNTON,ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT
59 BOOK 1, PAGE 23, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
60 SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
61 COMMENCING AT THE SOUTHWEST CORNER OF LOT 7,BLOCK 6, SAID PLAT OF
62 ORIGINAL TOWN OF BOYNTON,PROCEED THENCE ALONG THE NORTH LINE OF
63 SAID ALLEYWAY,ALSO BEING THE SOUTH LINE OF SAID BLOCK 6,N89°46'59"E
64 A DISTANCE OF 335.02 FEET TO A POINT 10 FEET WEST OF THE PLATTED WEST
65 RIGHT OF WAY OF FEDERAL HIGHWAY(US HIGHWAY NO. 1),SAID POINT BEING
66 THE WEST RIGHT OF WAY LINE OF SAID FEDERAL HIGHWAY PER F.D.O.T. R/W
67 MAP SECTION 93010-2501,SHEET 4 OF 10;THENCE PROCEED ALONG SAID RIGHT
68 OF WAY LINE S01°22'36"E A DISTANCE OF 20.00 FEET TO A POINT ON THE SOUTH
69 LINE OF SAID ALLEYWAY; THENCE PROCEED ALONG SAID SOUTH LINE
70 S89°46'59"W A DISTANCE OF 335.02 FEET TO A POINT 5.00 FEET EAST OF THE
71 WEST LINE OF SAID BLOCK 6; THENCE PROCEED NOI°22'36"W A DISTANCE OF
72 20.00 FEET TO THE POINT AND PLACE OF BEGINNING.
73 CONTAINING 6700.30 SQUARE FEET.
74
75 Portion of North Alley Legal Description
76 A PARCEL OF LAND BEING A PORTION OF THE 20 FEET WIDE ALLEYWAY IN
77 BLOCK 1, ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE MAP OR PLAT
78 THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, PUBLIC RECORDS OF PALM
79 BEACH COUNTY, FLORIDA.
80 SAID PARCEL LYING IMMEDIATELY ADJACENT TO LOTS 6 THROUGH 11, AND
81 THE WEST OF LOT 12. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
82 BEGINNING AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 1, SAID PLAT OF
83 ORIGINAL TOWN OF BOYNTON,PROCEED THENCE ALONG THE NORTH LINE OF
84 SAID ALLEYWAY AND ALSO BINT THE SOUTH LINE OF LOTS 6 AND 7 N89°48'41"E
85 A DISTANCE OF 100.00 FEET TO A POINT ON THE SOUTHEAST CORNER OF LOT 6,
86 THENCE DEPARTING SAID LINE PROCEED ALONG THE SOUTHERLY EXTENSION
87 OF THE EAST LINE OF SAID LOT 6 S01°22'23"E A DISTANCE OF 10.00 FEET TO A
88 POINT; THENCE PROCEED ALONG A LINE TEN FEET SOUTH OF AND PARALLEL
89 TO THE NORTH LINE OF SAID ALLEYWAY, N89°48'41"E A DISTANCE OF 125.00
90 FEET (SAID LINE BEING THE CENTERLINE OF SAID ALLEYWAY) THENCE
91 PROCEED S01°22'36"E TO THE SOUTH LINE OF SAID ALLEYWAY AND
92 INTERSECTION OF THE EAST LINE OF THE WEST Y2 OF LOT 12, SAID BLOCK 1,
{S\CA\Ordinances\Abandonments Abandonment of ROW(The Pierce)-Ordinance docx
93 THENCE PROCEED ALONG THE SOUTH LINE OF SAID ALLEYWAY S89°48'41"W A
94 DISTANCE OF 125.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF NE
95 4TH STREET (PLATTED AS PALMETTO STREET, SAID POINT ALSO BEING THE
96 NORTHWEST CORNER OF LOT 8, BLOCK 1; THENCE PROCEED N01°22'36"W A
97 DISTANCE OF 20.00 FEET ALONG SAID EAST RIGHT OF WAY LINE TO A POINT IN
98 THE SOUTHWEST CORNER OF LOT 7, ALSO BEING THE POINT AND PLACE OF
99 BEGINNING.
100 CONTAINING 3251.00 SQUARE FEET.
101
102 Portion of NE 1st Ave Legal Description
103 A PORTION OF THE RIGHT OF WAY OF NE 1ST AVENUE AS SHOWN ON ORIGINAL
104 TOWN OF BOYNTON, ACCORDING TO THE MAP OR PLAT THEREOF AS
105 RECORDED IN PLAT BOOK 1, PAGE 23, PUBLIC RECORDS OF PALM BEACH
106 COUNTY,FLORIDA.
107
108 SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
109 BEGINNING AT THE SOUTHWEST CORNER OF LOT 8, BLOCK 1, SAID PLAT OF
110 ORIGINAL TOWN OF BOYNTON, PROCEED ALONG THE NORTH RIGHT OF WAY
111 LINE OF SAID NE 1ST AVENUE N89°48'41"E A DISTANCE OF 225 FEET TO A POINT
112 BEING THE SOUTHEAST CORNER OF THE WEST 1/2 OF LOT 12,BLOCK 1:THENCE
113 DEPARTING SAID NORTH RIGHT OF WAY LINE PROCEED S01°22'36"E A
114 DISTANCE OF 40 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF SAID
115 NE 1ST AVENUE(ALSO BEING THE NORTH LINE OF BLOCK 6); THENCE PROEED
116 S89°48'41"W A LONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 225.00
117 FEET TO THE NORTHWEST CORNER OF LOT 7, BLOCK 6, ALSO BEING THE
118 INTERSECTION POINT OF THE EAST RIGHT OF WAY LINE OF NE 4TH STREET
119 (PLATTED AS PALMETTO STREET); THENCE PROCEED N01°22'36" ALONG SAID
120 EASTERLY RIGHT OF WAY LINE A DISTANCE OF 40.00 FEET TO THE SOUTHWEST
121 CORNER OF LOT 8, BLOCK 1, ALSO BEING THE POINT AND PLACE OF
122 BEGINNING.
123 CONTAINING 9003.59 SQUARE FEET.
124
125
126 Section 3. The City Manager is hereby authorized and directed to execute the
127 attached Disclaimer and cause the same to be filed,with this Ordinance, in the Public Records
128 of Palm Beach County, Florida.
129
130 Section 4. This Ordinance shall take effect immediately upon passage.
131
132 FIRST READING this 21st day of February,2023.
133
414
134 SECOND, FINAL READING AND PASSAGE THIS day of March,2023.
135
136 CITY OF BOYNTON BEACH, FLORIDA
137
138 YES NO
(S\CA\Ordinances'Abandonments'Abandonment of ROW(The Pierce)-Ordinance docx
139 Mayor—Ty Penserga v
140
141 Vice Mayor—Angela Cruz
142 ,/
143 Commissioner—Woodrow L. Hay
144
145 Commissioner—Thomas Turkin
146
147 Commissioner—Aimee Kelley
148
149 VOTE —(31
150
151
152
153 A P ST:
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156 Mayl roe Jesus, M'A, MMC Ty Penser;
157 City erk Mayor
158
159 _--,.„‘ APPY, ' AS '� FO:p :
160 (Corporate Seal) =�F 80YNT.`� . / /
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161 1 f. .s oRPORgp'L�\
162 SEAL :o Michael D. Cirullo, Jr.
163 ; ;INCORp '= City Attorney
I .� ORATED:
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i
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of
Boynton Beach, Florida, does hereby abandon the 225-foot long segment of the 20-foot wide right-of-
way located within the northern section of the proposed The Pierce development approximately 175
feet south of the East Boynton Beach Boulevard centerline (a.k.a. "North Alley"), the 225-foot long
segment of the 40-foot wide NE 1st Avenue right-of-way,and the 335.02-foot long segment of the 20-
foot wide right-of-way located within the southern section of the proposed The Pierce development,
approximately 150 feet north of the East Ocean Avenue centerline(a.k.a "South Alley"). The property
being abandoned is more particularly described as follows:
South Alley Legal Description
A PORTION OF THE 20'ALLEYWAY AS SHOWN ON ORIGINAL TOWN OF BOYNTON, ACCORDING TO
THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6, SAID PLAT OF ORIGINAL TOWN
OF BOYNTON, PROCEED THENCE ALONG THE NORTH LINE OF SAID ALLEYWAY, ALSO BEING THE
SOUTH UNE OF SAID BLOCK 6, N89°46'59"E A DISTANCE OF 335.02 FEET TO A POINT 10 FEET WEST
OF THE PLATTED WEST RIGHT OF WAY OF FEDERAL HIGHWAY (US HIGHWAY NO. 1), SAID POINT
BEING THE WEST RIGHT OF WAY LINE OF SAID FEDERAL HIGHWAY PER F.D.O.T. R/W MAP SECTION
93010-2501, SHEET 4 OF 10; THENCE PROCEED ALONG SAID RIGHT OF WAY LINE S01°22'36"E A
DISTANCE OF 20.00 FEET TO A POINT ON THE SOUTH LINE OF SAID ALLEYWAY; THENCE PROCEED
ALONG SAID SOUTH LINE S89°46'59"W A DISTANCE OF 335.02 FEET TO A POINT 5.00 FEET EAST OF
THE WEST LINE OF SAID BLOCK 6; THENCE PROCEED N01°22'36"W A DISTANCE OF 20.00 FEET TO
THE POINT AND PLACE OF BEGINNING.
CONTAINING 6700.30 SQUARE FEET.
Portion of North Alley Legal Description
A PARCEL OF LAND BEING A PORTION OF THE 20 FEET WIDE ALLEYWAY IN BLOCK 1, ORIGINAL
TOWN OF BOYNTON,ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 1,
PAGE 23, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
SAID PARCEL LYING IMMEDIATELY ADJACENT TO LOTS 6 THROUGH 11, AND THE WEST OF LOT 12.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 1, SAID PLAT OF ORIGINAL TOWN OF
BOYNTON, PROCEED THENCE ALONG THE NORTH LINE OF SAID ALLEYWAY AND ALSO BINT THE
SOUTH LINE OF LOTS 6 AND 7 N89°48'41"E A DISTANCE OF 100.00 FEET TO A POINT ON THE
SOUTHEAST CORNER OF LOT 6, THENCE DEPARTING SAID LINE PROCEED ALONG THE SOUTHERLY
EXTENSION OF THE EAST UNE OF SAID LOT 6 S01°22'23"E A DISTANCE OF 10.00 FEET TO A POINT;
THENCE PROCEED ALONG A LINE TEN FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID
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ALLEYWAY, N89°48'41"E A DISTANCE OF 125.00 FEET (SAID UNE BEING THE CENTERLINE OF SAID
ALLEYWAY) THENCE PROCEED S01°22'36"E TO THE SOUTH LINE OF SAID ALLEYWAY AND
INTERSECTION OF THE EAST LINE OF THE WEST 1/2 OF LOT 12, SAID BLOCK 1, THENCE PROCEED
ALONG THE SOUTH UNE OF SAID ALLEYWAY S89°48'41"W A DISTANCE OF 125.00 FEET TO A POINT
ON THE EAST RIGHT OF WAY UNE OF NE 4TH STREET (PLATTED AS PALMETTO STREET, SAID POINT
ALSO BEING THE NORTHWEST CORNER OF LOT 8, BLOCK 1; THENCE PROCEED N01°22'36"W A
DISTANCE OF 20.00 FEET ALONG SAID EAST RIGHT OF WAY UNE TO A POINT IN THE SOUTHWEST
CORNER OF LOT 7, ALSO BEING THE POINT AND PLACE OF BEGINNING.
CONTAINING 3251.00 SQUARE FEET.
Portion of NE 1st Ave Legal Description
A PORTION OF THE RIGHT OF WAY OF NE 1ST AVENUE AS SHOWN ON ORIGINAL TOWN OF
BOYNTON, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 8, BLOCK 1, SAID PLAT OF ORIGINAL TOWN OF
BOYNTON, PROCEED ALONG THE NORTH RIGHT OF WAY UNE OF SAID NE 1ST AVENUE N89°48'41"E
A DISTANCE OF 225 FEET TO A POINT BEING THE SOUTHEAST CORNER OF THE WEST 1/2 OF LOT
12, BLOCK 1: THENCE DEPARTING SAID NORTH RIGHT OF WAY UNE PROCEED S01°22'36"E A
DISTANCE OF 40 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF SAID NE 1ST AVENUE
(ALSO BEING THE NORTH UNE OF BLOCK 6); THENCE PROEED S89°48'41"W A LONG SAID SOUTH
RIGHT OF WAY UNE A DISTANCE OF 225.00 FEET TO THE NORTHWEST CORNER OF LOT 7, BLOCK 6,
ALSO BEING THE INTERSECTION POINT OF THE EAST RIGHT OF WAY LINE OF NE 4TH STREET
(PLATTED AS PALMETTO STREET); THENCE PROCEED N01°22'36" ALONG SAID EASTERLY RIGHT OF
WAY UNE A DISTANCE OF 40.00 FEET TO THE SOUTHWEST CORNER OF LOT 8, BLOCK 1,ALSO BEING
THE POINT AND PLACE OF BEGINNING.
CONTAINING 9003.59 SQUARE FEET.
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 March,
2023.
CITY OF BOYNTON BEACH, FLORIDA
• .416.11V —44011
Mayle, D, (esus, M► C =pN g j'.P aniel Dugger, • • • a
City e /c •�pTE•••$$'
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STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared by means of d physical
presence or 0 online notarization, Daniel Dugger, 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 his free hand and deed as such officer, for the uses
and purposes mentioned therein; that he 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
CLX-C-\ , 2023. /
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NOTARY PUB C, S . e of Flori
-Of PUBS TAMMY L STANZIONE My Commission Expires:3/...? /.?3
' Commission#GG 306158
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m,, .I De Expires March 25,2023
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{S.CA\Ordinances\Abandonrnents Abandonment of ROW(The Pierce)-Ordinance.docx
The City of Boynton Beach
Prepared by and returned to: Michael Cirullo
City Attorney
or, City Clerk's Office
PO
Boynton Box Beach Fl 33425
_ (561) 742-6060
o FAX: (561) 742-6090
ti ro N e's' E-mail : cityclerk@bbfl.us
www.boynton-beach.org
CERTIFICATION
I, TAMMY L. STANZIONE, DEPUTY CITY CLERK of the City of Boynton Beach,
Florida, do hereby certify that the attached Ordinance 23-006 consisting of seven (7)
pages, is true and correct copy as it appears in the records of the City of Boynton Beach,
Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH,
FLORIDA, dated this 14th day of March, 2023.
TAMMY ST ZIONE, CM
DEPUTY CITY CLERK
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