06-007
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I,
ORDINANCE NO. 06- 007
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING ABANDONMENT
OF A PORTION OF A SEMI-IMPROVED 30 FOOT
RIGHT-OF-WAY, LOCATED ON THE EAST SIDE OF
OLD DIXIE HIGHWAY APPROXIMATELY 1,250
FEET SOUTH OF THE INTERSECTION OLD DIXIE
HIGHWAY AND FEDERAL HIGHWAY AS SHOWN
ON THE PLAT OF "KILLIAN'S PARK" (ABAN 05-008),
SUBJECT TO STAFF COMMENTS; AUTHORIZING
THE CITY MANAGER TO EXECUTE A DISCLAIMER,
WHICH SHALL BE RECORDED WITH THIS
ORDINANCE IN THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; AND PROVIDING AN
EFFECTIVE DATE.
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WHEREAS, Kim Glas-Castro of Ruden McClosky, is requesting the abandonment of a
portion of a semi-improved 30-foot right-of-way, located on the east side of Old Dixie Highway.
The subject right-of-way, named Miller Road, is located approximately 1,250 feet south of the
intersection of Old Dixie Highway and Federal Highway as recorded in Plat Book 23, Page 195
of the public records of Palm Beach County, Florida, subject to staff comments; and
WHEREAS, comments have been solicited from the appropriate City Departments, and
public hearings have been held before the City's Community Redevelopment Agency, and the
City Commission on the proposed abandonment; and
WHEREAS, staff has determined that the subject right-of-way would no longer serve a
public purpose and with the establishment of an easement, the limited use of the alley for utility
purposes would be preserved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, does hereb
abandon a portion of a semi-improved 30-foot right-of-way, located on the east side of Old
Dixie Highway. The subject right-of-way, named Miller Road, is located approximately 1,250
feet south of the intersection of Old Dixie Highway and Federal Highway as recorded in Plat
Book 23, Page 195 of the public records of Palm Beach County, Florida, subject to staf
comments, and more particularly described in the attached Exhibit "B." A location map is
attached hereto as Exhibit "A."
S:\CA\Ordinances\Abandonmenls\Palm Cove.doc
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Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
of Palm Beach County, Florida.
Section 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this ~ day of JOJ\U4.f'1 ,2006.
SECOND, FINAL READING AND PASSAGE THIS ~day of --b.nu.a..c1
2006.
ATTEST:
._r~--'- -~-
~ner
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r
Commissioner
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S:\CA \Ordinances\AbandonmentsIPalm Cove.doc
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 a semi-improved 30-foot right-of-way, located on the east side of Old Dixie
Highway. The subject right-of-way, named Miller Road, is located approximately 1,250 feet
south of the intersection of Old Dixie Highway and Federal Highway as recorded in Plat
Book 23, Page 195 of the public records of Palm Beach County, Florida, subject to staff
comments, and more particularly described in the attached Exhibit "B".
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
Beach, Florida, have hereunto set their hands and affixed the seal of the City this 11
day ofJanuary, 2006.
ATTEST:
ressner, City Manager
STATE OF FLORIDA
)
)ss:
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 ~ day of
January, 2006.
NO'L\RY PUBUC-STATE OF FLORIDA
~ Judith A. Pyle
Commission # D0421091
Expires: APR. 21, 2009
Bonded Thru Atlantic Bonding Co., Joe.
S:\CA\Ordinances\AbandoomentsIPalm Cove.doc
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LOCATION MAP
Palm Cove (Miller Rd) Abandonment
Exhibit "A"
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EXHIBIT B
SKETCH AND DESCRIP TlON
RIGHT-OF-WAY
A PORnON OF 'MiLLER ROAD'
"KILLIAN'S PARK"
PLAT BOOK 23, PAGE 195, PALM BEACH COUNTY RECORDS
SCALE: T ~ = 80'
P08
SlY CORNER
LOT 5 LOT 5 LOT 14
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g;ti ~~ LOT 15
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LOT 24 LOT 16 Vj
LEGAL DESCRIPnON: RIGHT-OF-WAY ABANDONMENT
A PORIlON OF THE RIGHT-OF-WAY OF MILLER ROAD AS SHOWN ON THE PLAT OF "'KJLUAN'S
PARK~ ACCORDING TO THE PLAT THEREQF: ASRECfJRDED IN PLAT BOOK 23. PAGE 195 or THE
PUBUC RECORDS OF PALM BEACH COUNTY. FLORIDI4.. DESCR/8ED' AS FOLlORS.:
BEGJNNINC AT THE SOUTHWESrCpRNER OF LOT 60F SAlV-KllliAN? PARK';; mENCEEASr.
ALONG THE NORTH RIGHT-OF-WAY LINE OF$AID MILLER ROAD. A DISTANCE OF 450.00 FEET;
THENCCSOUTH 08"33"5" KEST. ALO/IiGlHE EASTRIGHT-OF....WAY LINE OF MILLER ROAD, A
DISTANCE OF 30.34 FEET; mENCE ~ST. ALONG THE ,SWJH RIGHT-OF-WAY L/NEOF MILLER
ROAD. A DISTANCE OF 445.49 FEET;mENCE NORTH. A DISTANCE OF 30.00 FEET; To THE POINT
OF BEGINNING.
l,.EGENO:
pO{J
PDC
= PaNT OF Bf"GlNNING
= POINT OF COUUCNCfMCNT
SURVEYOR'S CER7JF1CA7E:
I HEREBy CERTiFY 1HAT THIs -SKETCH .Mv DESCRrP7IOfr /S TRuE AND
COFeRECT TO THE: BEST (T UY KNO"'-EDGE AND eElJU_ I FUl?1HER CCR71rr
TH.4T THlSSKUCH MEflS THEM1NIMt/J,f.~1j4IUJARf)S AS SET
FOR7HB'I1HCfI.DRlDABOARO OF ~)'1 .IDR~ ItNfJ
Mt4PPfRSIN afAPTEfi 6'(;17-6, flt:Xf.1D.t.,AO)/INI5,.TJl,uJg COfJE
PURSUANT ro SECTION 472-027. F'fCiIlW~SHWTrS.. - -. ~
~- -. '- ~ - -
SURVEYOR'S NOTES:
t_ NOT VAlID 'M1HOUT THE: SlGNA7URE: AND ORJCJNAL RAfSE:D
SCAL tY A FLORI/JA UCEN5ED SlJRVEYOH ... MAPPfR.
1, f}[AF?INCS SHOWN HfREON ARE REiA n\.f: TO 7(IUfAN"S P."RK~
AS RECORDED IN PUT BOOK 23, PAGE 195, OF THE PtJ8UC
RECORDS OF PAL" BEACH COUNTY FLORIDA, AND ARE
REFERRED TO AN ASSUMW BEARINe OF EAST ALONG nIL
NORm RIGHT-OF-WAY Ut{E OF MILLER ROAD.
.1 THIS /S/'K)T A LAN{) SURVEr.
ABS19LUTE
SURVEYING INC.
DATt.:
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DEEf?FJflD BEAOI. FL .JJ'H:l
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liCENSED BUSINESS No. L85218
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The Cihj ol Bognton Beach
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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.f1.us
www.boynton-beach.org
January 18, 2006
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
(5 PAGES) = $44.60
Please record the following five (5) original pages as one (1) document:
ORDINANCE NO. 06-007
Abandoning a portion of a semi-improved 30 foot right-of-way located on the east side of
Old Dixie Highway approximately 1,250 feet south of the intersection of Old Dixie Highway
and Federal Highway as shown on the plat of Killian's Park (ABAN 05-008).
INCLUDING DISCLAIMER
If there are any questions or concerns, please do not hesitate to contact me. Thank you.
Very truly yours,
CITY OF BOYNTON BEACH
Janet M. Prainito, CMC
City Clerk
Attachment
c: Central File
Palm Beach County Recording File
S:\CC\WP\PBC recording\ 2005\ABANOONMENTS\2006\Ordinance 06-007 - Killian's Park.doc
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