R94-171R~,SOLUTION NO. Rg,~-~"/
A RESOLUTION OF THE CITY COM}~ISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
ABANDONING AN APPROXIMATE 153.10 FOOT
WIDE, UNIMPROVED PUBLIC RIGHT-OF-WAY,
ABUTTING THE WEST PROPERTY LINE OF 513
AND 515 S.E. 4TH STREET; SAID PROPERTY
BEING MORE PARTICULARLY DESCRIBED HEREIN;
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A DISCLAIMER FOR SAID UTILITY
EASEMENT; PROVIDING THAT THE ATTACHED
DISCLAIMER BE RECORDED IN THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
PROVIDING AN EFFECTIVE DATE.
3 07
WHEREAS, the applicant, Burton Metsch, is requesting
abandonment of an approximate 153.10 foot long portion of
Railroad Avenue, a 30 foot wide, unimproved public right-of-
way, abutting the west propertY line of 513 and 515 S.E. 4th
Street, in connection with a near future, site plan approval
for a motel apartment project;
WHEREAS, comments have been
appropriate City Departments; and
solicited from the
WHEREAS, public hearings have been held before the City's
Planning and Zoning Board and the City Commission on the
proposed abandonment; and
WHEREAS, based on the foregoing information, the said
right-of-way no longer serves any useful purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CiTY OF BOYNTON BEACH, FLORIDA, THAT=
$_~ The City Co~=~ission of-the City of Boynton
Beach,~ Florida by and through its City Commission does hereby
abandon an approximate 153.10 foot long portion of Railroad
Avenue, a 30 foot wide, unimproved public right-of-way,
abutting the west property line of 513 and 515_ S.E. 4th
Street, in the City of Boynton Beach, Florida and more
particularly described in Exhibit "A" attached hereto.
~ The Mayor and City Clerk are hereby
authorized and directed to execute and deliver the attached
Disclaimer and cause the same to be filed in the Public
Records of Palm Beach County, Florida.
~_~ That this Resolution
effective immediately upon passage.
shall become
PASSED AND ADOPTED this ~ day of October, 1994.
ATTEST:
c~ ~--t~' Clerk
CITY OF BO~NTON BEACH, FLORIDA
~ ~.~ yor ~ /~
~~ice Mayo~
May°r~ ~ ~
EXHIBIT "A"
A portion of Railroad Avenue,lying adjacent
to a portion of Lot 9 and Lot 10, Block 8,
PENCE SUBDIVISON NO. 1, a Subdivision as
recorded in Plat Book 1, Page 33, in the
Public Records of Palm Beach County, Florida
and more particularly described as follows:
Beginning at the Northwesn corner of Lot 9,
Block 8, PENCE SUBDIVISON NO. 1: thence run
Westerly along the projection of the North
line of said Lot 9, a distance of 30.31 feet
to a point on the Easterly Right-ofway line
of teh F.E.C. Railroad; thence run Southerly
along said Easterly Right-of-way line with
an angle of 98 degrees 12;47" measured
clockwise from the last described course, a
distance of 153.10 feet to a point, being a
projection of the South line of Lot 10,
Block 8, PENCE SUBDIVISION NO. 1; thence run
Easterly along said projected South line
with an angle of 81 degrees 46'54", measured
clckwise from the last described course, a
distance of 30.31 feet to the Southwest
corner of said Lot 10; thence run Northerly
along the Westerly line of said Lots 9 and
10 with an angle of 98 degrees 13'06"
measured clockwise from the last described
course, a distance of 153.10 feet to the
Point of Beginning.
And containing 4593 S.F., 0.11 Acres, more
or less.
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 and disclaim an
approximate 153.10 foot long portion of Railroad Avenue, a 30
foot wide, unimproved public right-of-way, abutting the west
property line of 513 and 515 S.E. 4th Street, situated and
located in Palm Beach County, Florida, attached hereto as
Exhibit "A'~.
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 ~ day of October,
1994.
ATTEST:
Su~nne Kruse,--~ity Clerk
F BOY, NTO~/BEACH, ~LORIDA
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared
EDWARD HARMENING and SUZANNE KRUSE, Mayor 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 October, 1994.
~ARY PUBLIC, State of Florida
My Commission Expires:
EXHIBIT "A": DOROTHY H, WlLKEN CLERK PS, FL
A portion of Railroad Avenue,lying adjacent
to a portion of Lot 9 and Lot 10, Block 8,
PENCE SUBDIVISON NO. 1, a Subdivision as
recorded in Plat Book 1, Page 33, in the
Public Records of Palm Beach County, Florida
and more particularly described as follows:
Beginning at the Northwest corner of Lot 9,
Block 8, PENCE SUBDIVISON NO. 1: thence run
Westerly along the projection of the North
line of said Lot 9, a distance of 30.31 feet
to a point on the Easterly Right-ofway line
of teh F.E.C. Railroad; thence run Southerly
along said Easterly Right-of-way line with
an angle of 98 degrees 12;47" measured
clockwise from the last described course, a
distance of 153.10 feet to a point, being a
projection of the South line of Lot 10,
Block 8, PENCE SUBDIVISION NO. 1; thence run
Easterly along said projected South line
with an angle of 81 degrees 46'54", measured
clckwise from the last described course, a
distance of 30.31 feet to the Southwest
corner of said Lot 10; thence run Northerly
along the Westerly line of said Lots 9 and
10 with an angle of 98 degrees 13'06",
measured clockwise from the last described
course, a distance of 153.10 feet to the
Point of Beginning.
And containing 4593 S.F., 0.11 Acres, more
or less.
OP2. ~ o
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 and disclaim an
approximate 153.10 foot long portion of Railroad Avenue, a 30
foot wide, unimproved public right-of-way, abutting the west
property line of 513 and 515 S.E. 4th Street, situated and
located in Palm Beach County, Florida, attached hereto as
Exhibit "A".
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 ~ day of October,
?LORIDA' )
~' ,"'"~ )ss:
COUNTY' O~"/P/~LM BSACH )
C IT_Y OF B~~RIDA
~~iening' Ma~yo~
BEFORE ME, the undersigned authority, personally appeared
EDWARD HARMENING and SUZANNE KRUSE, Mayor 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 instrumen5, 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 October, 1994.
My Commission Expires:
O~ARY PUBLIC, State of Florida
EXHIBIT "A" DOROTHY H, W L N,T .... CLE E' PB
A portion of Railroad Avenue,lying adjacent
to a portion of Lot 9 and Lot 10, Block 8,
PENCE SUBDIVISON NO. 1, a Subdivision as
recorded in Plat Book 1, Page 33, in the
Public Records of Palm Beach County, Florida
and more particularly described as follows:
Beginning at the Northwest corner of Lot 9,
Block 8, PENCE SUBDIVISON NO. 1: thence run
Westerly along the projection of the North
line of said Lot 9, a distance of 30.31 feet
to a point on the Easterly Right-ofway line
of teh F.E.C. Railroad; thence run Southerly
along said Easterly Right-of-way line with
an angle of 98 degrees 12;47" measured
clockwzse from the last described course, a
distance of 153.10 feet to a point, being a
projection of the South line of Lot 10,
Block 8, PENCE SUBDIVISION NO. 1; thence run
Easterly along said projected South line
with an angle of 81 degrees 46'54", measured
clckwise from the last described course, a
distance of 30.31 feet to the Southwest
corner of said Lot 10; thence run Northerly
along the Westerly line of said Lots 9 and
10 with an angle of 98 degrees 13'06"
measured clockwise from the last described
course, a distance of 153.10 feet to the
Point of Beginning.
And containing 4593 S.F., 0.11 Acres, more
or less.
P.O. Box310
Beach, Florida 33425-0310
F. : (407) 375-6090
CERTIFICATION
I, SUZANNE M. KRUSE, CITY CLERK of the City of Boynton
Beach, Florida, do hereby certify that the attached
copy of Resolution #R94-171 which consists of four pages
(resolution, exhibit "A", disclaimer and exhibit "A")
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 this 7th day of October, 1994.
SUZ~NNE M. KRUSE, CMC/AAE
CITY CLERK
October 7, 1994
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