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01-20-2000_PBG Ordinance 54-1999CITY OF PALM BEACH GARDENS January 20, 2000 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 Dennis W. Kelly Village Manager Village of North Palm Beach 501 U.S. Highway 1 North Palm Beach, FL 33408 -4906 Dear Mr. Kelly: Enclosed please find an executed copy of Ordinance 54, 1999, providing for abandonment of the City's interest in a viewed and posted road right -of -way located east of Prosperity Farms Road and south of Burns Road within the Village of North Palm Beach. The City Council unanimously adopted Ordinance 54, 1999, after a duly advertised public hearing on January 6, 2000. Sincerely, 6Linda V. Kosier, CMC City Clerk C Ordinance 54, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE ABANDONMENT OF THE CITY'S INTEREST IN A VIEWED AND POSTED ROAD RIGHT -OF -WAY LOCATED EAST OF PROSPERITY FARMS ROAD AND SOUTH OF BURNS ROAD WITHIN THE VILLAGE OF NORTH PALM BEACH AND MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, on or about September 16, 1916, the Board of County Commissioners established a viewed and posted road right -of -way, extending from Alternate A-1 -A to the Intracoastal Waterway;and WHEREAS, on or about October 31, 1989, the Board of County Commissioners conveyed its entire interest in the viewed and posted road right -of -way described in Official Record Book 6261, page 826 of the public record of Palm Beach County to the City, including that portion within the incorporated limits of the Village of North Palm Beach; and WHEREAS, the City wishes to abandon any and all interest it holds in that portion of the viewed and posted road right -of -way located within the Village of North Palm Beach, which encumbers platted lots within a proposed subdivision; and WHEREAS, the City Council has conducted a duly advertised public hearing and determined that the portion of the posted and viewed road right -of -way located east of Prosperity Farms Road within the Village of North Palm Beach is not needed by the City and the abandonment of same is in the interest of the general welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified as true and confirmed and are incorporated herein. Section 2. The City Council of the City of Palm Beach Gardens, Florida, hereby abandons any and all right, title, interest or claim it may have in that portion of the posted and viewed right -of -way described in Official Record Book 6261, page 826 of the public records of Palm Beach County, Florida located within the Village of North Palm Beach and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Section 3. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. Ordinance 54, 1999 Page 2 Section 4. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. Section 5. This Ordinance shall become effective immediately upon adoption. PLACED ON FIRST READING THIS /& DAY OF , �1'IiP PLACED ON SECOND READING THIS G 'DAY OF 2000. PASSED AND ADOPTED THIS �J' DAY OF 2000. I .� CE MAYOR LAUREN FURTADO COUNCILMAN DAVID CLARK ATTESTED BY: APPROVED AS TO FORM AND LEG L SUFFICIENCY: ��—v TY CLERK CIfY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO �- VICE MAYOR FURTADO COUNCILMAN SABATELLO �- COUNCILMAN JABLIN �- COUNCILMAN CLARK ✓ P: \C P Win\ HISTORY \991119A \43F.OF\stm(1501.000) LEGAL DESCRIPTION: A strip of land 66.00 feet in width, situate in Section 8, Township 42 South, Range 43 East, Palm Beach County, Florida, being a portion of the 66.00 foot right -of -way as described in Official Record Book 6261, page 826, Public Records of Palm Beach County, Florida, the centerline of said strip being more particularly described as follows: Commencing at the southwest corner of the northeast quarter of said Section 8; thence along the South line of said northeast quarter of Section 8 South 88° 16'21" East for 105.00 feet to a point on the East right -of -way line of Prosperity Farms Road as shown on Road Plat Book 2, pages 136 and 137, Public Records of Palm Beach County, Florida, said point also being the POINT OF BEGINNING: thence continue along said South Line South 88° 16'21" East for 1404.51 feet to a point on the West right -of -way line of the North Palm Beach Waterway as shown on the Plat of Golf Course Addition No. 2 Village of North Palm Beach as recorded in Plat Book 28, page 67, Public Records of Palm Beach County, Florida and as described in Official Record Book 222, page 348, Public Records of Palm Beach County, Florida, said point also being the POINT OF TERMINUS. I- Z w W = 5, Uj Uo8 Wy�jw =W 0 , % Z M 00 o Ow � H I O`^w �°0 z I Z =�R� O d ozwo nwo ��105.00' S88° 16'21 "E I I � ¢n I Cr J Z I LL 4 O O F W N K CL a cc w ABBREVIATIONS: POINT OF BEGINNING ;4 --- --- ---y— POINT OF L _ S88° 16'21 "E TERMINUS - - -- -- -- - ---- -- - -- -- - -1404:51 -- - SOUTH EMlE OF THE NORTHEAST QUARTER OF SECTION 8 � - - - - -- A. n - Q — — — — — Q q0 h¢ S 3J O N QUO- Q�� U00 00Q%'�N Z � P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT O.R.B. - OFFICIAL RECORD BOOK R.P.B. - ROAD PLAT BOOK SURVEYOR'S NOTES: 1. THIS DRAWING IS NOT A SURVEY. 100 50 0 100 GRAPHIC SCALE IN FEET 12. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 3 THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION, THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER. 4. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY LIDBERG LAND SURVEYING, INC. 5. DATE OF LEGAL DESCRIPTION: MARCH 3, 1998 LIDB ` LAND SURVEYING, INC. DESCRIPTION & TKESC NCFOR: WC (ABANDONMENT OF A PORTION RICHARD J. WILKIE OF A 66.00 FOOT RIGHT -OF -WAY, PROFESSIONAL SURVEYOR AND MAPPER O.R.B. 6261, PAGE 826) FLORIDA CERTIFICATE N0. 5327 �� LIDBERG LAND FL D. Joe Fe. Pc. 96- 594(30301 �� SURVEYING INC. OFF. DATE DWG. LB4431 R.W. 03/03198 A96 -594M 675 West Indiontown Road, CKD. REF. SHEET OF SUITE 200. Jupiter. Florida 33458 TEL . 561-746-8454 D.CL 96594303A(ms) I l