05-030
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 portion of Railroad Avenue, approximately 30 feet by 77 feet, immediately north of
Southeast 5th A venue, west of Lot 11, Block B of Pence Subdivision and east of the Florida
East Coast Railroad Right-of-Way, subject to staff comments, and more particularly
described in the attached Exhibit "A".
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
Beach, Florida, have hereun~wg'è1~~:~nds and affixed the seal of the City this cQ r
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STATE OF FLORIDA )
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COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Janet 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
such officers, for the uses and purposes mentioned therein; that they 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 A'M day of
July, 2005. (C,
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NOTARY PUBUC·STA1'E OF FLORIDA N' TARY PUBLIC, State 0
~ Judith A. Pyle
Co~sion # DD421091 / y Commission Expires: .
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S:ICAIOrdínanceslAbandonmentsl415 SE 5th Avenue 05-002.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.fI.us
www.boynton-beach.org
July 20, 2005
MS. SHARON R. BOCK
CLERK & COMPTROLLER
PALM BEACH COUNTY
RECORDING/ABSTRACT
P.O. BOX 4177
WEST PALM BEACH FL 33402-4177
ATTN: DAVID GILLESPIE
Dear Ms. Bock:
RE: ACCOUNT #1031 (4 PAGES) = $36.10
Please record the following four (4) pages as one (1) document:
ORDINANCE NO. 05-030
ABANDONING A PORTION Of RAILROAD AVENUE,
APPROXIMATELY 30' X 77', IMMEDIATELY NORTH Of SE 5TH AVENUE
WEST Of LOT 11, BLOCK B Of PENCE SUBDIVISION &. EAST Of THE fEC
RAILROAD RIGHT-Of-WAY (ABAN 05-002)
AND
DISCLAIMER WITH EXHIBIT "A"
If there are any questions or concerns, please do not hesitate to contact me. Thank you.
Very truly yours,
CITY OF BOYNTON BEACH
~ 'tr¡. p~
anet M. Prainito, CMC
City Clerk
Attachment
S:\CC\WP\PBC recording\ 200S\ABANDONMENTS\Ordinance OS-030.doc
America's Gateway to the Gulfstream
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, CITY CLERK of the City of Boynton Beach,
Florida, do hereby certify that the attached copy of Ordinance 05-030,
consisting of four (4) pages, is a 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 19th day of July 2005.
~'m.P~
NET M. PRAINITO, CMC
CITY CLERK
s: \CC\ WP\certifications\Ordinances\Certified Ordinance OS-030.doc
America's Gateway to the Gulfstream
II .
1 ORDINANCE NO. 05- 02>0
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT
5 OF A PORTION OF RAILROAD A VENUE,
6 APPROXIMA TEL Y 30 FEET BY 77 FEET,
7 IMMEDIATEL Y NORTH OF SOUTHEAST 5TH
8 A VENUE, WEST OF LOT 11, BLOCK B OF PENCE
9 SUBDIVISION AND EAST OF THE FLORIDA EAST
10 COAST RAILROAD RIGHT-OF-WAY (ABAN 05-002),
11 SUBJECT TO STAFF COMMENTS; AUTHORIZING
12 THE CITY MANAGER TO EXECUTE A DISCLAIMER,
13 WHICH SHALL BE RECORDED WITH THIS
14 ORDINANCE IN THE PUBLIC RECORDS OF PALM
15 BEACH COUNTY, FLORIDA; AND PROVIDING AN
16 EFFECTIVE DATE.
17
18
19 WHEREAS, Jeanne Heavilin of Salefish Realty, Inc., is requesting on behalf of James
20 Ploen, the abandonment of a portion of Railroad Avenue, approximately 30 feet by 77 feet,
21 immediately north of Southeast 5th A venue, west of Lot 11, Block B of Pence Subdivision and
22 east of the Florida East Coast Railroad Right-of-Way, subject to staff comments; and
23
24 WHEREAS, comments have been solicited from the appropriate City Departments, and
25 public hearings have been held before the City's Community Redevelopment Agency, and the
26 City Commission on the proposed abandonment; and
27
28 WHEREAS, staff has detennined that the roadway provides no public service; and
29
30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
31 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
32
33 Section 1. The foregoing Whereas clauses are true and correct and incorporated
34 herein by this reference.
35
36 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby
37 abandon a portion of Railroad A venue, approximately 30 feet by 77 feet, immediately north 0
38 Southeast 5th A venue, west of Lot II, Block B of Pence Subdivision and east of the Florida East
39 Coast Railroad Right-of-Way, subject to staff comments, and more particularly described in the
40 attached Exhibit "A." A location map is attached hereto as Exhibit "B."
41
42 Section 3. The City Manager is hereby authorized and directed to execute the
43 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
44 of Palm Beach County, Florida.
45
46 Section 4. This Ordinance shall take effect immediately upon passage.
S:\CA\OrdínanceslAbandonments\415 SE 5th Avenue 05-00".doc
II
1 FIRST READING this ~ day Of~, 2005.
2
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4 SECOND, FINAL READING AND PASSAGE THIS ~day of July ,
5 2005.
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7 CITY OF BOYNTON BEACH, FLORIDA
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23 ATTEST:
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S:\CA',QrdinanceslAbandonments\415 SE 5th Avenue 05-002.doc
EXHIBIT "A"
A portion of Railroad A venue as recorded by Pence Subdivision No. 1 in Plat Book 1, Page 33,
of the Public Records of Palm Beach County, Florida, said land to be abandoned are described as
follows:
That portion of Railroad Avenue described as bounded on the South by the North right-of-way
line of S.B. 5th A venue lying west of Lot 11, Block "B" of said Pence Subdivision, being
bounded on the West by the East line of the Florida East Coast Railroad right-of-way, being
bounded on the North by the North line of said Lot 11, Block "B" extended westward to the said
Railroad right-of-way line, and being bounded on the East by the West line of said Lot 11, Block
"B" as shown by the Plat of Pence Subdivision No.1, as recorded in Plat Book 1, Page 33, of the
Public Records of Palm Bach County, Florida.
Subject to a 30 foot utility easement.
S:\CA\OrdinanceslAbandonments\415 SE 5th Avenue 05-002.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA 1lÍi\
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: ,f-
PROJECT NAME: Abandonment of a portion of the 3D-foot right-of-wa)
(adjacent to 415 SE 5th Avenue) 7
APPLICANT'S AGENT: Salefish Realty
APPLICANT'S ADDRESS: 915 S. Federal Hwy., Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5, 2uuo
TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a 3D-foot unimproved road right-of-way
LOCATION OF PROPERTY: Generally located immediately north of 5th Avenue north, between 415 SE 5th
Avenue to the east and the FEC Railroad to the west.
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 Community Redevelopment Agency 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
sought 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 Applicant
- 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 forth on
Exhibit "C" with notation "Included".
4. The Applicant'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:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\415 SE 5th Avenue Aban \ABAN 05-002\DO.doc
CITY CLERK'S OFFICE
MEMORANDUM
TO: Wilfred Hawkins
Chief Administrative Officer
FROM: Janet M. Prainito
City Clerk
DATE: July 20, 2005
RE: Contracts and Agreements Approved by City Commission on 07/19/05
Attached is an original disclaimer for Ordinance 05-030 that authorized the abandonment of a portion of
Railroad Avenue, approximately 30' x 77' immediately north of SE 5th Avenue, west of Lot 11, Block B of
Pence Subdivision and east of the FEC Railroad right-of-way for Case ABAN 05-002. The City Commission
adopted the Ordinance at their regular meeting.
Please sign the disclaimer and return to me for processing.
~ 'tn. p~
Attachment
s:\cc\wplafter commiSSion\city manager transmittals\2005\disclaimer _ 07 -20-05.doc