03-066 ORDINANCE NO. O3- ~ (~
~ O~~CE OF THE CITY OF BOSTON
BEACH, FLORA, AUTHO~G ~~O~ENT
OF ~ ~ROVED 1S-FOOT ~E ~LEY
R~G EAST-~ST ~ BLOCK 4, L~
~DITION TO BOSTON S~DWISION (~ 01-
004); CO~ERT~G ~ ~SERV~G A 15-FOOT
~E UT~ITY EASEMENT EQ~ENT ~ ~TH
~ LOCATION TO THE EXIST~G ~LEY BErG
~~O~D; AUTHO~G THE CITY M~AGER
TO E~CUTE A DISCLA~ER, ~ICH SH~L BE
~CO~ED ~TH THIS O~~CE ~ T~
P~LIC ~CO~S OF P~M BEACH CO~TY,
FLORA; ~ PROVinG ~ EFFECT~E DATE.
WHEREAS, the City of Boynton Beach is requesting abandonment of an
15-foot wide alley right-of-way located between N.E. 8th Avenue and N.E. 9th
subject to staff comments and the reservation of a utility easement equal in size and
to the alley right-of-way being abandoned; and
WHEREAS, comments have been solicited from the appropriate City Departments,
public heatings have been held before the City's Planning and Development Board, and
City Commission on the proposed abandonment; and
WHEREAS, the properties located on the north and south sides of the alley segment
be abandoned are developed with single-family residences, and it is the City's intention to
the 15-foot wide alley as the adjacent properties were not improved to utilize the alley
therefore, the alley right-of-way provides no public service for access purposes; and
WHEREAS, the 15-foot wide alley will be converted to a utility easement equivalent
width and location to the existing alley;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, does
abandon a 15-foot wide alley located between N.E. 8th Avenue and N.E 9th Avenue,
Beach, Palm Beach County, Florida, subject to staff comments and any easements of
and more particularly described in the attached Exhibit "A." A location map is
hereto as Exhibit "B."
S:~CA\Ordinances~Abandonments~Abandon - Mangrove Walk Alley.doc
Section 3. A perpetual utility easement equivalent in width and location to the
being abandoned is hereby reserved, granted, and conveyed to the City of Boynton
and any public or private utility for purposes of the placement, installation,
removal, and repair of utilities, such as water, wastewater, stormwater, electric,
and cable television, over, along, through, in, above, and under that
:ertain parcel of land situated, lying, and being in Boynton Beach, Palm Beach County,
as more particularly described in Exhibit "A" and as depicted on Exhibit "B"
hereto
Section 4. The City Manager is hereby authorized and directed to execute the
Disclaimer and cause the same to be filed, with this Ordinance, in the Public
of Palm Beach County, Florida.
Section 5. This Ordinance shall take effect immediately upon passage.
FIRST READING this i{o day of ~.~ ~r, 2003
SECOND, FINAL READING AND PASSAGE THIS (o day of
d~Lrl~l,~ ~ ,2004.
CITY OF BOYNTON BEACH, FLORIDA
.y~lerk
S:\CA\Ordinances~Abandonments'~bandon. Mangrove Walk Alley.doc
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj~ci.boynton-beach.fl.us
www.boynton-beach.org
CERTIFICATION
I, JANET M. PRAINITO, CMC, CITY CLERK of the City of Boynton Beach,
Florida, do hereby certify that a copy of Ordinance #03-66, Exhibit "A" Legal
Description, Exhibit "A" map of Mangrove Walk Alley area, Exhibit "B" map of
Mangrove Walk Alley area, Exhibit "B" Proposed Abandonment drawing,
Development Order of the City Commission of the City of Boynton Beach, Florida,
and Exhibit "C" Conditions of Approval all consisting of nine pages, are true and
correct copies as they appear in the records of the City of Boynton Beach,
Florida.
Also attached is the original Disclaimer and Exhibit "A" Legal Description
consisting of two pages.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON
BEACH, FLORIDA, dated this 13th day of January 13, 2004.
J~ET M. PRAINITO, CMC, CITY CLERK
~~~~lons~ce~' rtification
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America's Gateway to the Gulfstream
EXHIBIT "A"
A 15-foot alley lying in Block 4 of Lake Addition to Boynton, as recorded in Plat
Book 11, Page 71, of the Public Records of Palm Beach County, Florida, being
more particularly described as follows:
A 15-foot wide alley running east-west in said Block 4, being bounded on the east
by the west right-of-way line ofN.E. 7th Street, on the west side by the northerly
projection of lot 27 of said Block 4.
S:\CA\Ordinances~Abandonments~Abandon - Mangrove Walk Alley.doc
1 I..- 175.0 feet
Mangrove Walk Alley EXHIBIT"A"
1 ~= t75.0fe~t
Mangrove Walk Alley EXHIBIT~...~.
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Mangrove Walk Alley Abandonment
APPLICANT'S AGENT: Dale Sugerman, Assistant City Manager - City of Boynton Beach
APPLICANT'S ADDRESS: 100 E. Boynton Beach Blvd, Boynton Beach, FL 33425
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: De~~nn-~ A:.pp o
A 15-foot wide alley running east-west in said Block 4, being bounded on the east by the west right-of-way line of
N.E. 7~h Street, on the west side by the northerly projection of lot 27 of said Block 4.
LOCATION OF PROPERTY: Block 4 of Lake Addition to Boynton
DRAWING(S): SEE EXHIBIT 'B" ATTACHED HERETO.
- THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings
and recommendation of the Planning and Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the relief
eought by the applicant and heard testimony from the applicant, members of city administrative staff and the
public finds as follows:
1. -..Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The Applica/nt
· ,"~ HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forlh on
Exhibit 'C" with notation 'Included".
4. The Applic,,ent's application for relief is hereby
· .. ~_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
~ DENIED
5. This Order shall take effect Immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms' and
conditions of this order.
7. Other
DATED:
c rk
EXHIBIT "C"
Conditions of Approvo!
Proj~x~t name: Mangrove Walk Alley
File num~-t: ABAN 01-004
DEPARTMENTS . INCLUDE
PUBLIC WORI~q- General
1. Thc proposed x~p~t easc~ncnt shall be no less in width than the X
existin8 alley. Thc fifteen (15) foot wide alley shall be replaced with a
fit~*n (15) foot wide ~ ~*~.~_~
PUBLIC WOltl~ Traffic
Co _mmcn_ ts: None
X
UTII
Commen~: None
X
Comments: None
POLICE
~: None
X
ENGINE..F. RING Drv~._qION
Connncnls: None
X
BUILIHNG DIVISION
~Cornn~s: None
~ X
PARK,~ AND RECREATION
Comments: None
~ X
Comments: None
~ ~ X
Co~tiom of Approval
2
DEPART]VIENTS INCLUDE REJEC"F
2. No structures shall be constructed or landscaping placed within the utility X
easement without express written consent of all legal entities occupying
said easement.
PRIVATI~
3. Adelphla has no objections to the abandonment as long as Adelphia X
facilities are granted the proper easement.
4. Florida Power & Light has no objections to the abandonment as long as X
Florida.Power 8: Light facilities are granted the proper easen~t. A
minimum ten-foot wide utih'ty easement shall be requir~
5. l~lorida Public UtlHties Company has no objections to the abandonment X
as long as F.P.U.C. facilities are granted the proper easement. N.P.U.C.
has underground gas distribution located within the limits of the proposed
abandonment.
6. Bellsouth has no objections to the abandonment of the alley right-of-way. X
Bellsouth shall require a utility easement.
ADDITIONAL COIVIMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
1. None
X
ADDITIONAL ~ COIVIMI,qSION CONDITIONS
1. To be determined.
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach,
Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon
a 15-foot wide alley, located between N.E. 8tn Avenue and N.E. 9tn Avenue, and more
3articularly described in the attached Exhibit "A".
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
5each, Florida, have hereunto set their hands and affixed the seal of the City this _~
day of January, 2004.
ATTEST: /~!'!~;~w~N~. ITY OF B)OYNTON BEACH, FLORIDA
t Prainito ~ ,~,lOR~,Oy,--" ' ~,/~' Kurt Bressner, C~ty' Manager
~-[-~y Clerk
STATE OF FLORIDA )
)SS~
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
lanet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach,
Florida, known to me to be the persons described in and who executed the foregoing
instrument, and acknowledged the execution thereof to be their free hand and deed as
~uch officers, for the uses and purposes mentioned therein; that they affixed thereto the
~fficial 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 ~'/~ day of
January, 2004.
......
NOTARY PUBLIC, State of Florida
My Commission Expires:
5% aYcoua,ssloN #cc 913630 II
I~;~ EXPIRES: February24, 2004
* BOItd~d Thru Noah/Public Underwnlers
S:',CA\Ordinances~Abandonments~Abandon - Mangrove Walk Alley.doc
EXHIBIT "A"
A 15-foot alley lying in Block 4 of Lake Addition to Boynton, as recorded in Plat
Book 11, Page 71, of the Public Records of Palm Beach County, Florida, being
more particularly described as follows:
A 15-foot wide alley running east-west in said Block 4, being bounded on the east
by the west right-of-way line ofN.E. 7th Street, on the west side by the northerly
projection of lot 27 of said Block 4.
l:\CA\Ordinances~Abandonments~Abandon - Mangrove Walk Alley.doc