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2016-88 Wild Papaya Nursery Right of Way AbandonmentRESOLUTION 2016 -88 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ABANDONING THE VILLAGE'S INTEREST IN A PORTION OF OLD DIXIE HIGHWAY DEPICTED AND INCLUDED WITHIN THE SITE PLAN FOR THE WILD PAPAYA NURSERY, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 4, 2015, the Planning Commission approved the site plan for the Wild Papaya Nursery, subject to Palm Beach County's abandonment of a portion of the Old Dixie Highway right -of -way as depicted and included in the site plan; and WHEREAS, notwithstanding the County's ownership of the right -of -way by virtue of a Maintenance Map filed by Palm Beach County in Road Book 11, Pages 131 through 138, the County's right -of -way abandonment procedures require that where a portion of the right -of -way is located within the corporate limits of a municipality, the municipality shall first abandon its interest in the site by resolution; and WHEREAS, the Village Council wishes to abandon and disclaim the Village's interest, if any, in that portion of Old Dixie Highway located within the Village's corporate limits and depicted and included in the site plan for the Wild Papaya Nursery. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby releases, vacates, abandons, discontinues, renounces and disclaims all rights of the Village in that portion of the right -of -way for Old Dixie Highway as depicted and included within the site plan for the Wild Papaya Nursery, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Section 3. All resolutions and parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 8' DAY OF D (Vi1i'age�Sehl� ATTEST: VILLAGE CLERK Legal Description All of the right of way for Old Dixie Highway located in the Old Dixie Highway and Richard Road Maintenance Map, recorded in Road Book 11, Page 131 through 138, Palm Beach County, Florida, lying north of a line 150 feet north of the South line of the Northwest Quarter of Section 17, Township 42 South, Range 43 East; Together with a portion of the 65 feet of public highway now known as Old Dixie Highway recorded February 6, 1917 in Palm Beach County Commission Minutes Book 2, Pages 105 through 107, lying in the Northeast Quarter of Section 18, Township 42 South, Range 43 East, lying south of South Florida Water Management District Canal C -17, and lying west of the Florida East Coast Railway; All contained in the City of North Palm Beach, Palm Beach County, Florida being more particularly described as follows: Commencing at the west quarter corner of Section 17, Township 42 South, Range 43 East, also being the east quarter corner of Section 18, Township 42 South, Range 43 East; Thence North 1134' 09" East along the section line between said sections, a distance of 283.70 feet more or less to the west line of Old Dixie Highway and the Point of Beginning; Thence North 390 33' 13" West, along the west line of Old Dixie Highway, along a line 65.0 feet west of the Florida East Coast Railway, a distance of 107.98 feet more or less to the south line of Canal C -17; Thence North 70127' 17" East, along the south line of the Canal C -17, a distance of 69.18 feet more or less to the west right of way line of the Florida East.Coast Railway; Thence South 390 33' 13" East, along the railroad right of way, a distance of 9.88 feet more or less to the section line between said Section 17 and Section 18; Thence South 10 34' 09" West along said section line, a distance of 38.01 feet more or less to a point 25 feet west of the Florida East Coast Railway, and also being the east line of Old Dixie Highway; Thence South 390 33,13" East, along a line 25 feet west of the Florida East Coast Railway, along the east line of Old Dixie Highway, a distance of 206.46 feet; Thence South 310 26' 17" East, along the east line of Old Dixie Highway, a distance of 47.17 feet to a point 150 feet north of the South line of the Northwest Quarter of Section 17; Thence North 881 13'48" West, along a line 150 feet north of the South line of the Northwest Quarter of Section 17, a distance of 47.81 feet to the west line of Old Dixie Highway; Thence North 310,26' 17" West, along the west line of Old Dixie Highway, a distance of 18.15 feet; Thence North 390 33' 13" West, along the west line of Old Dixie Highway, a distance of 157.81 feet to the Point of Beginning. Containing 40,514 Square Feet or 0.93 acres more or less EXHIBIT "A" EOF 5001( \P NO-Al C�� yQJ�\P -t O� \G 69.� �1 1"� N�Oo 2 ,�B g1 A251� \\ c !, a NORTHEAST 114 rv�, OF SECTION 18 �L POINT OF BEGINNING O.R.B. 24558 PAGE 1705 W 0 Z s SCALE 1" = 60' 00 THIS IS NOT A BOUNDARY SURVEY. THIS IS A LEGAL DESCRIPTION DRAWING. JAY ALAN BONNER, LS4088 DATE SUNSHINE SURVEYORS, LB4725 r ti c�• O�, .y�osAq cs�c�` NORTHWEST 114 OF SECTION 17 LESS THE SOUTH 150' E r.. 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