24-026 1 ORDINANCE NO. 24-026
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, CORRECTING A SCRIVENER'S
5 ERROR IN THE LEGAL DESCRIPTION CONTAINED IN
6 ORDINANCE 23-021 APPROVING THE ABANDONMENT OF THE
7 THIRTY FOOT (30') WIDE UNIMPROVED RIGHT-OF-WAY
8 ESTABLISHED ON THE PALM BEACH FARMS CO. PLAT NO. 8,
9 AS RECORDED IN PLAT BOOK 5, PAGE 73 OF THE PUBLIC
10 RECORDS OF PALM BEACH COUNTY; AUTHORIZING THE
11 MAYOR TO EXECUTE AN AMENDED DISCLAIMER, WHICH
12 SHALL BE RECORDED WITH THIS ORDINANCE IN THE
13 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
14 PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER
15 PURPOSES.
16
17 WHEREAS, Applicant had requested the abandonment of the thirty foot (30') wide
18 road right-of-way established on the Palm Beach Farms Co. Plat No. 8, as recorded in Plat
19 Book 5, Page 73 of the Public Records of Palm Beach County located on the southwest corner
20 of West Boynton Beach Boulevard and Knuth Road and north Stonehaven Drive; and
21 WHEREAS, the City Commission approved Ordinance 23-021 on or about October
22 19,2023,which Ordinance contained a scrivener's error in the legal description of the property
23 to be abandoned; and
24 WHEREAS, the specific scrivener's error in Ordinance 23-021 relates to the fourth
25 line of the legal description, which improperly identified "the Northwest Corner of Lot 2"
26 when it should have referenced "the Southwest Corner of Lot 2": and
27 WHEREAS,staff has determined that the requested abandonment would not adversely
28 impact traffic or other City functions and would not adversely impact other adjacent property
29 owners; and
30 WHEREAS, comments have been solicited from the appropriate City Departments,
31 and public hearings have been held before the City Commission on the proposed abandonment;
32 and
33 WHEREAS, staff finds that the subject abandonment serves a greater public purpose
34 and therefore recommends approval of the Applicant's request.
35
36
37 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
38 CITY OF BOYNTON BEACH, FLORIDA THAT:
39 SECTION 1. The foregoing "Whereas" clauses are true and correct and
40 incorporated herein by this reference.
41 SECTION 2. The City Commission of the City of Boynton Beach, Florida,
42 does hereby abandon the thirty-foot (30') wide unimproved right-of-way established on the
43 Palm Beach Farms Co. Plat No. 8, as recorded in Plat Book 5, Page 73 of the Public Records
44 of Palm Beach County. The property being abandoned is more particularly described as
45 follows:
46
47 A PORTION OF A 30-FOOT-WIDE ROADWAY, AS SHOWN ON THE PALM BEACH
48 FARMS CO. PLAT NO. 8 OF SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
49 AS RECORDED IN PLAT BOOK 5, PAGE 73, PUBLIC RECORDS OF PALM BEACH
50 COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE
51 SOUTHWEST CORNER OF LOT 2, KNUTH ROAD P.C.D. PLAT NO. 1,AS RECORDED
52 IN PLAT BOOK 82, PAGE 45, PUBLIC RECORDS OF PALM BEACH COUNTY,
53 FLORIDA, SAID POINT ALSO BEING A POINT ON THE EAST LINE OF SAID 30 FOOT
54 WIDE ROADWAY; THENCE SOUTH 87°41'31" WEST ALONG THE WESTERLY
55 PROLONGATION OF SAID LOT 2, ALSO BEING THE BOUNDARY LINE OF QUAIL
56 RIDGE PLAT NO. 22, A PUD, AS RECORDED IN PLAT BOOK 95, PAGE 67, PUBLIC
57 RECORDS OF PALM BEACH COUNTY, FLORIDA A DISTANCE OF 30.01 FEET TO A
58 POINT ON THE WEST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE
59 EAST LINE OF THE GOLF COURSE AS SHOWN ON SAID QUAIL RIDGE PLAT NO.
60 22, A PUD; THENCE NORTH 00°48'49"WEST ALONG SAID WEST LINE OF 30 FOOT
61 WIDE ROADWAY, ALSO BEING SAID EAST LINE OF GOLF COURSE, A DISTANCE
62 OF 976.43 FEET TO A POINT ON A LINE 7.00 FEET SOUTH OF AS MEASURED AT
63 RIGHT ANGLES TO THE SOUTH RIGHT-OF-WAY LINE OF BOYNTON BEACH
64 BOULEVARD (STATE ROAD 804) AS SHOWN ON ROAD PLAT BOOK 2, PAGES 218
65 AND 219, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE
66 NORTH 87°34'11" EAST A DISTANCE OF 30.01 FEET TO A POINT ON SAID EAST
67 LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE WEST BOUNDARY
68 LINE OF SAID LOT 2, THENCE SOUTH 00°48'49"EAST ALONG SAID EAST LINE OF
69 SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE WEST BOUNDARY LINE OF
70 SAID LOT 2, A DISTANCE OF 976.50 FEET TO THE AFORMENTIONED POINT OF
71 BEGINNING. CONTAINING 0.672 ACRES (29,294 SQUARE FEET)MORE OR LESS.
72
73 SECTION 3. The City Commission of the City of Boynton Beach, Florida,
74 does hereby authorize the Mayor to execute a Disclaimer,in form and substance similar to that
75 attached hereto as Exhibit A, to disclaim the City's interest in the subject right-of-way
76 referenced in this Ordinance.This Disclaimer shall amend and replace the disclaimer recorded
77 in Official Records Book 34630, Page 1185 of the Public Records of Palm Beach County,
78 Florida.
79 SECTION 4. After execution of the Disclaimer by the Mayor, the City Clerk
80 shall record the Disclaimer in the Public Records of Palm Beach County, Florida.
81 SECTION 5. This Ordinance shall take effect immediately upon passage.
82
83 nn
84 FIRST READING this f ' day of (+sXw 2024.
85
86 SECOND, FINAL READING AND PASSAGE THIS T'day of)pAttsmi 2025.
87
88 CITY OF BOYNTON BEACH, FLORIDA
89
90 YES NO
91 /
92 Mayor—Ty Penserga V
93
94 Vice Mayor— Aimee Kelley
95
t .
96 Commissioner-Angela Cruz
97
98 Commissioner-Woodrow L. Hay
99
100 Commissioner—Thomas Turkin
101
102 VOTE Ss .0
103
104 AT E'T: /
105
106 I,t (► ` -- - / i 7
107 Mayle:F esus, MPA, C Ty =ense .a
108 City C : Mayor
109 r OF B0YNT`\,
110 �y�.•GpRPp���2�+++ APPROVED AS TO FORM:
111 (Corporate Seal) ;c. : S '� ++
A
112 # SEA
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113 0+ • RPoRATED:
114 + •• 1
++ •••• 92Q el Shawna G. Lamb
' ••••... •• '
1 1 5
+�`.�ORIDA•• : City Attorney
EXHIBIT A
Amended Disclaimer
RECORD&RETURN TO:
And this Instrument Prepared by:
CITY OF BOYNTON BEACH
City Attorney's Office
100 E.Ocean Avenue
Boynton Beach,FL 33435
PCN: 08-43-45-17-00-004-0060
AMENDED DISCLAIMER OF PORTIONS OF RIGHT OF WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of
Boynton Beach, Florida, whose address is 100 E. Ocean Avenue, Boynton Beach, Florida 33435,
does hereby abandon and disclaim any interest in and to portions of the thirty foot(30')wide road
right-of-way established on the Palm Beach Farms Co. Plat No. 8,as recorded in Plat Book 5,Page
73 of the Public Records of Palm Beach County located on the southwest corner of West Boynton
Beach Boulevard and Knuth Road and north Stonehaven Drive, more particularly described as
follows:
A PORTION OF A 30-FOOT-WIDE ROADWAY,AS SHOWN ON THE PALM BEACH
FARMS CO.PLAT NO. 8 OF SECTION 30,TOWNSHIP 45 SOUTH,RANGE 43 EAST,
AS RECORDED IN PLAT BOOK 5, PAGE 73, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHWEST CORNER OF LOT 2, KNUTH ROAD P.C.D. PLAT NO. 1, AS
RECORDED IN PLAT BOOK 82, PAGE 45, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON THE EAST LINE OF
SAID 30 FOOT WIDE ROADWAY;THENCE SOUTH 87°41'31"WEST ALONG THE
WESTERLY PROLONGATION OF SAID LOT 2, ALSO BEING THE BOUNDARY
LINE OF QUAIL RIDGE PLAT NO. 22, A PUD, AS RECORDED IN PLAT BOOK 95,
PAGE 67,PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA A DISTANCE
OF 30.01 FEET TO A POINT ON THE WEST LINE OF SAID 30 FOOT WIDE
ROADWAY, ALSO BEING THE EAST LINE OF THE GOLF COURSE AS SHOWN
ON SAID QUAIL RIDGE PLAT NO. 22, A PUD; THENCE NORTH 00°48'49"WEST
ALONG SAID WEST LINE OF 30 FOOT WIDE ROADWAY, ALSO BEING SAID
EAST LINE OF GOLF COURSE, A DISTANCE OF 976.43 FEET TO A POINT ON A
LINE 7.00 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH
RIGHT-OF-WAY LINE OF BOYNTON BEACH BOULEVARD (STATE ROAD 804)
AS SHOWN ON ROAD PLAT BOOK 2, PAGES 218 AND 219, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 87°34'11" EAST A
DISTANCE OF 30.01 FEET TO A POINT ON SAID EAST LINE OF SAID 30 FOOT
WIDE ROADWAY, ALSO BEING THE WEST BOUNDARY LINE OF SAID LOT 2,
THENCE SOUTH 00°48'49" EAST ALONG SAID EAST LINE OF SAID 30 FOOT
WIDE ROADWAY, ALSO BEING THE WEST BOUNDARY LINE OF SAID LOT 2,
A DISTANCE OF 976.50 FEET TO THE AFORMENTIONED POINT OF BEGINNING.
CONTAINING 0.672 ACRES (29,294 SQUARE FEET) MORE OR LESS.
This Disclaimer amends and replaces the Disclaimer previously recorded in Official Records Book
34630, Page 1185 of the Public Records of Palm Beach County, Florida.
IN WITNESS WHEREOF, the execution of this Disclaimer by the City has been duly
authorized by Ordinance No. 24- pato of the City Commission, and the duly authorized officers
of the Cit of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the
City this day of , 2025.
(Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA,
A Florida municipal corporation
ATTEST:
By:
Maylee De Jesus, MPA, MMC Ty Penserga, Mayor
City Clerk
100 E. Ocean Avenue
Boynton Beach, FL 33435
CITY ATTORNEY'S OFFICE
Approved as to form and legality
By:
'FN 2025003137g
OR BIC 35519 PG 65
RECORD&RETURN TO: RD: RDED 1,2&;2f25 2:59 PM
And this Instrument Prepared by: P:dm EN:ch county oz6-1�
tpY,t.1.413^x.,,,
CITY OF BOYNTON BEACH P :658 -65_,.(2p _)
City Attorney's Office
100 E.Ocean Avenue
Boynton Beach,FL 33435
PCN:08-43-45-17-00-004-0060
AMENDED DISCLAIMER OF PORTIONS OF RIGHT OF WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of
Boynton Beach, Florida, whose address is 100 E. Ocean Avenue, Boynton Beach, Florida 33435,
does hereby abandon and disclaim any interest in and to portions of the thirty foot(30')wide road
right-of-way established on the Palm Beach Farms Co.Plat No. 8,as recorded in Plat Book 5,Page
73 of the Public Records of Palm Beach County located on the southwest corner of West Boynton
Beach Boulevard and Knuth Road and north Stonehaven Drive, more particularly described as
follows:
A PORTION OF A 30-FOOT-WIDE ROADWAY,AS SHOWN ON THE PALM BEACH
FARMS CO.PLAT NO. 8 OF SECTION 30,TOWNSHIP 45 SOUTH,RANGE 43 EAST,
AS RECORDED IN PLAT BOOK 5,PAGE 73, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHWEST CORNER OF LOT 2, KNUTH ROAD P.C.D. PLAT NO. 1, AS
RECORDED IN PLAT BOOK 82, PAGE 45, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON THE EAST LINE OF
SAID 30 FOOT WIDE ROADWAY; THENCE SOUTH 87°41'31"WEST ALONG THE
WESTERLY PROLONGATION OF SAID LOT 2, ALSO BEING THE BOUNDARY
LINE OF QUAIL RIDGE PLAT NO. 22, A PUD, AS RECORDED IN PLAT BOOK 95,
PAGE 67,PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA A DISTANCE
OF 30.01 FEET TO A POINT ON THE WEST LINE OF SAID 30 FOOT WIDE
ROADWAY, ALSO BEING THE EAST LINE OF THE GOLF COURSE AS SHOWN
ON SAID QUAIL RIDGE PLAT NO. 22, A PUD; THENCE NORTH 00°48'49" WEST
ALONG SAID WEST LINE OF 30 FOOT WIDE ROADWAY, ALSO BEING SAID
EAST LINE OF GOLF COURSE, A DISTANCE OF 976.43 FEET TO A POINT ON A
LINE 7.00 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH
RIGHT-OF-WAY LINE OF BOYNTON BEACH BOULEVARD (STATE ROAD 804)
AS SHOWN ON ROAD PLAT BOOK 2, PAGES 218 AND 219, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 87°34'11" EAST A
DISTANCE OF 30.01 FEET TO A POINT ON SAID EAST LINE OF SAID 30 FOOT
WIDE ROADWAY, ALSO BEING THE WEST BOUNDARY LINE OF SAID LOT 2,
THENCE SOUTH 00°48'49" EAST ALONG SAID EAST LINE OF SAID 30 FOOT
WIDE ROADWAY, ALSO BEING THE WEST BOUNDARY LINE OF SAID LOT 2,
A DISTANCE OF 976.50 FEET TO THE AFORMENTIONED POINT OF BEGINNING.
CONTAINING 0.672 ACRES (29,294 SQUARE FEET)MORE OR LESS.
This Disclaimer amends and replaces the Disclaimer previously recorded in Official Records Book
34630, Page 1185 of the Public Records of Palm Beach County, Florida.
IN WITNESS WHEREOF, the execution of this Disclaimer by the City has been duly
authorized by Ordinance No. 24- Oat of the City Commission, and the duly authorized officers
of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the
City this 1441 day of,)anuan , 2025.
(Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA,
A Florida municipal corporation
ATT ST.
I1 (IP
.,.v By: _ ASPi p
Maylee D- J s, MPA, C T 'el . rt., Mayor
City Cler
100 E. Oce. • • venue
Boynton Beach, FL 33435
CITY ATTORNEY'S OFFICE =' `%
Approved as to form and legality I O� g%OYNTp4'
I��:.G,O 4i**.� 11'
By: .11edi0/ SEAL ;= •
: INCORPORATED: i
\ 1920 •:
41 ••••.....•••
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