Loading...
LEGAL APPROVAL ~. I I i ,/ II II !I !j I JU}-30-1998 10:06al '38-291000 ORB 10547 Pg 1209 1l1li I lID Hill 11111. D IU 11111 U 1111111111 RESOLUTION NO. R95~J7/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING AN UNIMPROVED TEN ( 10 ) FOOT WIDE ALLEY RIGHT-OF-WAY, LOCATED WEST OF N.E. 3RD STREET BETWEEN LOTS 32 AND 33 OF THE ARDEN PARK SUBDIVISION; 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. WHBREAS, the applicant, Vincent Maffucci, Agent for Nicholas L. Cucci, property owner is re(~esting abandonment of a ten (10 ') foot wide alley right-of--'way, located west of N.E. 3rd Street between lots 32 and 33 of the Arden Park Subdivision; WHBRBAS, comments have been solicited from the appropriate City Departments; and . WHBREAS, public hearings have been held before the City'S Planning and Zoning Board and the City Commission on the proposed abandonment; and MHBREAS, based on the foregoing information, the said alley I right-of-way no longer serves any useful purpose. I NOW, THEREFORE, BB IT RESOLVED BY THB CITY COMMISSION OF THB CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida by and through its City Commission does hereby ab~ndon ~ ten (10) fact wid9 alle1' right-pf~way located west of N.E. 3rd Street between lots 32 and 33 of the Arden Park Subdivision in the City of Boynton Beach, Florida and more particularly described in Exhibit "All attached hereto. Section 2. 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. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this /4' day of August, 1995. ATTEST ~~I~'AI. 00 rn..@ rn. -'u'-~f.'r~" i":. '. ' D c:- ~-,-".' l!:, , I , )',11", 'R' ~ :: ' 1 -"0;" r l; , ---, I I I il I ,; , 'i I! " II 'I II I, ,/ ORB 1 0547 Pg 1 2: 1 0 EXHIBIT "A" II , That part of the alley right of way in the plat of Arden Park, according to the plat thereof recorded in Plat Book 2, Page 96 of the Public Records of Palm Beach County, Florida, described as follows: I il :i 'I II 'I !I il 1/ II 'I II I I , I, !I II 11 I , I I I I I /, II I I I I I I i I I Begin at the southwest corner of Lot 33 of the said Plat of Arden Park; thence N. 900 00'00" E., along the south line of said Lot 33; 166.50 feet to the southeast corner of said Lot 33; thence S. 80 00' 00. W., 10.10 feet to the northeast corner of Lot 32; thence N. 900 00' oon W., along the north line of said Lot 32, 164.90 feet to the northwest corner of said Lot 32; thence N. 10 06' 00. W., 10.00 feet to th~ said point of beginning. Containing .1657 square feet of 0.038 acre, more or less. ,I II Ii I I II II ORB 10547 Pg 1211 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 and disclaim an ten (10) foot wide alley right-of-way, located west of N.E. 3rd Street between lots 32 and 33 of the Arden Park Subdivision; 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 aff:f.xi::d the seal of the City this /.tf day of h'q~$'7"; 1995. ATTEST: s:-~~Ao'~~~~it;~lerk CITY OF BOYNTON BE CH, FLORIDA J ~- STATE OF FLORIDA' ) I I )ss: I COUNTY OF PALM BEACH ) II BEFORE ME, the undersigned authority, personally appeared II JERRY TAYLOR and SUZANNE KRUSE, Mayor and City Clerk I, I respectively, of the City of Boynton Beach, Florida, known to me i I to be the persons described in and who executed the foregoing I i instrument, and acknowledged the execution thereof to be their I I free hand and deed as such officers, for the uses and purposes I mentioned therein; that they affixed thereto the official seal I I ::e;a:: s:::;:::::::~i::~ that said instrument is the act and I i I II County this 15th day of August , 1995. I i I I, \..... WITNESS my hand and official seal in the said State and My Commission Expires: :'~~\':~;~~.~ EVE EUBANKS f./' A '. i.~ MY COMMISSION' CC27670S WIRES I ~;,,~'i!f April 5. 1997 I .:'-..~: '!;'f-' BONOED TllRIJ TROv FA!N INSliRANCl,I/IlO, .., .,.."" /~ ~ ~,'~ NOTARY PUBLIC, State - of Florida II " EXHIBIT "A" ORB 10547 Pg 1212 I That part of the alley right of way in the plat of Arden Park, according to the plat thereof recorded in Plat Book 2, Page 96 of the Public Records of Palm Beach County, Florida, described as follows: :1 Begin at the southwest corner of Lot 33 of the said Plat of Arden Park; thence N. 900 00'00" E., along the south line of said Lot 33; 166.50 feet to the southeast corner of said Lot 33; thence S. 8000' DO" W., 10.10 feet to the northeast corner of Lot 32; thence N. 900 00' 00" W., along the north line of said Lot 32, 164.90 feet to the northwest corner of said Lot 32; thence N. 1006' 00" W., 10.00 feet to the said point of beginning. ii :/ ,j 'I I I I I , Containing .1657 sqaure feet of 0.038 acre, more or less. ii I :1 ,) :1 j) '! " , 'I i i I ~~ I I I I I i il I Jul-30-1998 10:0Ga. 98-291000 ORB 10547 Pg 1209 II.. UU 11111 U.IIIIIIIIIII HIIII. RESOLUTION NO. R95-/~/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONINC AN UNIMPROVED TEN ( 10) FOOT WIDE ALLEY RIGHT-OF-WAY, LOCATED WEST OF N.E. 3RD STREET BETWEEN LOTS 32 AND 33 OF THE ARDEN PARK SUBDIVISION; 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. Ii I ,WHBREAS, the applicant, Vincent Maffucci, Agent for i Nicholas L. Cucci, property owner is re(~esting abandonment of II a ten (10 ') foot wide alley right<-of...way, located west of N. E. II- 3rd Street between lots 32 and 33 of the Arden Park Subdivision; I WHEREAS, comments have been solicited from the appropriate I City Departments; and . II WHBRBAS, public hearings have been held before the City's Planning and Zoning Board and the City Commission on the proposed abandonment; and I WHEREAS, based on the foregoing infonnation, the said alley I right-of-way no longer serves any useful purpose. I' I NOW, TBBRB1'ORB, BB IT RBSOLVED BY TBB CITY COIOlISSION 01' THB CITY 01' BOYNTON BEACH, 1'LORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida by and through its City Commission does hereby III ab~ndon a ten (10) foot wide alle~' right-9f~way located west of I N.E. 3rd Street between lots 32 and 33 of the Arden Park If Subdivision in the City of Boynton Beach, Florida and more particularly described in Exhibit "A" attached hereto. Section 2. 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 I of Palm Beach County, Florida. I Section 3. That this Resolution shall become effective II immediately up~n passage. PASSBD AND ADOPTBD this /4' day of August, 1995. ATTEST fD) rn @ ~ n \vi m r"'> wI 'U 18-1~-J; I i I I II I I ~~- .#..A~ . Ci Clerk . I I I ii ,- f ;' ,i ,I " ORB 10547 Pg 1210 'j Ii j: ,t 1\ I ,I 'I .1 EXHIBIT "A" i ,. ., 'I " That part of the alley right of way in the plat of Arden Park, according to the plat thereof recorded in Plat Book 2, Page 96 of the Public Records of Palm Beach County, Florida, described as follows: I ;j Begin at the southwest corner of Lot 33 of the said Plat of Arden Park; thence N. 900 00'00" E., along the south line of said Lot 33; 166.50 feet to the southeast corner of said Lot 33; thence S. 8000' 0011 W., 10.10 feet to the northeast corner of Lot 32; thence N. 900 00' 00" W., along the north line of said Lot 32, 164.90 feet to the northwest corner of said Lot 32; thence N. 10 06' 0011 W., 10,00 feet to th~ said point of beginning. , ;! ;! " I it ~ I II 1 II 'I II 'I Ii " I I I II II ,I I, Ii 'I I I Containing .1657 square feet of 0.038 acre, more or less. I I !I I I I I I ! i i I I ,j , I' ,I il II I I ,I !I !I I, ORB 10547 Pg 1211 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 and disclaim an ten (10) foot wide alley right-of-way, located west of N.E. 3rd Street between lots 32 and 33 of the Arden Park Subdivision; situated and located in Palm Beach County, Florida, attached hereto as Exhibit "A". IN WITNESS WHEREOF, the duly authorized officers of the II City Of. ~oynton Beach, !I and ,~ff1~ed.the seal of II ATTEST: S~~~~~~~~:~~lerk Florida, have hereunto set their hands the City this /.5 day of h'q44'sr;' 1995. \....... , STATE OF FLORIDA' ) I ) ss: ,I COUNTY OF PALM BEACH ) I BEFORE ME, the undersigned authority, personally appeared j JERRY TAYLOR and SUZANNE KRUSE, I I respectively, of the City of Boynton Beach, Florida, known to me Mayor and City Clerk 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 , I :1 il County this 15th i day of August , 1995. ~~ NOTARY PUBLIC, State of Florida My Commission Expires: .,-;'ii'-~:'H;;;:... EVE EUBANKS ~~(:6';:;J MY GOMMISSIO~ /I CC2767~ r.xflIRES "'/~': April 5. 1997 ":I..~f. ..>~,!.., BONOfD lliII\J TROV FAiH IHSliRANCt:,lfllO, EXHIBIT "A" ORB 10547 Pg 1212 That part of the alley right of way in the plat of Arden Park, according to the plat thereof recorded in Plat Book 2, Page 96 of the Public Records of Palm Beach County, Florida, described as follows: ., i Begin at the southwest corner of Lot 33 of the said Plat of Arden Park; thence N. 900 00'00" E., along the south line of said Lot 33; 166.50 feet to the southeast corner of said Lot 33; thence S. 8000' 00" W., 10.10 feet to the northeast corner of Lot 32; thence N. 900 00' 00" W., along the north line of said Lot 32, 164.90 feet to the northwest corner of said Lot 32; thence N. 1006' 00" W., 10.00 feet to the said point of beginning. Containing .1657 sqaure feet of 0.038 acre, more or less. i " II ii :1 'I ;1 i I, :i r MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 No one else wished to speak on this matter. Motion Commissioner Jaskiewicz moved to approve subject to staff comments. Vice Mayor Bradley seconded the motion which carried 5-0. . tL ~~\l ~ 9'~/oo" Lots 32 and 33, Arden Park Subdivision Vincent A. Maffucci Nicholas L. Cucci West of N.E. 3rd Street between lots 32 and 33, Arden Park Subdivision Abandonment: Request for abandonment of a ten (10) foot wide alley located west of N,E. 3rd Street between lots 32 and 33 of the Arden Park Subdivision C. Project Name: Agent: Owner: Location: Description: The agent for this project was not present. Ms. Heyden stated that this alley is unimproved. The existing home encumbers the alley. The home was built in 1929 and staff just discovered it because it is for sale. In order to clear the title, this issue needs to be resolved. One comment was received from Comcast. However, when staff went out to check this comment, it did not appear that there are overhead facilities. Therefore, this will have to be resolved before a resolution is prepared. Staff recommended approval subject to staff comments. No one else wished to speak on this matter. Motion Mayor Pro Tem Matson moved to approve the abandonment of the ten foot wide alley located west of N ,E. 3rd Street between lots 32 and 33 of the Arden Park Subdivision, subject to staff comments. Commissioner Jaskiewicz seconded the motion which carried 5-0. VII. PUBLIC AUDIENCE Harry Stein, 760 E, Ocean Avenue, said he was authorized to speak before the Commission this evening by the Board of Directors of Coastal Towers. He requested Mayor Taylor not to 23 ~ '-' '-" MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 8, 1995 THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING. Motion Mr. Wische moved with reference to the request for abandonment of a ten foot alley located west of N.E. 3rd Street between Lots 32 and 33 of the Arden Park Subdivision to approve the request subject to the Comcast settlement. Vice Chairman Golden seconded the motion which carried unanimously. M onald's/Amoco Rest rant and Service Stat n/Convenience Store Robe E. Basehart & Anna Co rell Baseh & Cottrell, Inc. RFK En rprises of Boynton Beac , Inc. Southeas corner of Congress Avenue and Woolbrig Road Request for community design p n appeal to allow lighti strips to be placed along the proposed man rd roof. Lawrence Lakes PUD Enrico Rossi, P.E. GRB Development & Construction outheast corner of Lawrence Road d the lake Worth D inage District L-21 Canal Req est for approval to modify the prev usly-approved PUD aster plan to increase the number 0 units from 32 to 34 b adding two single-family lots for c struction of detache ingle-family units. B. \ \ \ APPEALS COMMUNITY DESIGN_e _ Project Name: c. Agent: Owner: lo-cati on: / / This item was disposed f earlier in the meeting, 1. Project: Agent: Owner: location: Description: PLANNING AND ZONING DEPARTMENT MEMORANDUM #94-291 TO: FROM: Sue Kruse City Clerk // ", .' t[p~, Tambri J. Heyden . Mh; j. t)1\A )~ttl.- Planning and zonin1v Director DATE: June 28, 1995 RE: Abandonment of alley right-of-way located on the west side of NE 3rd Street between lots 32 and 33. ABAN #95-003 Accompanying this memorandum you will find two (2) copies of the application and related documents for the above-referenced abandonment application. The ~500.00 application fee for staff processing and review has been forwarded to the Finance Department. A legal advertisement for same has been prepared for a public hearing for the August 8, 1995 Planning and Development Board meeting and the August 15, 1995 City Commission meeting and will be forwarded to your office after review by the City Attorney and City Manager. In order for our department to meet the deadline for preparing Planning and Development Board agenda materials for this request, comments from staff and the various concerned parties must be received by our office by July 26, 1995. Please inform staff of this time frame when distributing copies of this request for comment. If easier, comments can be forwarded to you with a xerox copy transmitted to our office. Thank you. .:..frucci.llll REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney eight (8) working days prior to the first publishing date requested below. ORIGINATING DEPARTMENT: Plannina and Zonina Department PREPARED BY: Dan DeCarlo DATE PREPARED: June 28. 1995 BRIEF DESCRIPTION OF NOTICE OR AD: Abandonment of alley located on the west side of NE 3rd Street between lots 32 and 33. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) Standard Leaal Ad for Plannina Development Board meetina on Auaust 8. 1995 at 7:00 p.m. and the City Commission meetina of Auaust 15. 1995 at 7:00 p.m. SEND COPIES OF AD TO: Newspaper. adioinina property owners. applicant and Plannina and Zonina Director. NEWSPAPER(S) TO PUBLISH: To be determined by Citv Clerk DATE(S) TO BE PUBLISHED: To be determined bY City Clerk APPROVED BY: /' . ~~-~ ( 1 ) (Department Hea~ . ?(rs- ( ate) ( 2) (City Attorney) (Date) ( 3 ) (City Manager) (Date) RECEIVED BY CITY CLERK: COMPLETED: 1l1.llffucc1.11l1 ;t! -~ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON BEACH, FLORIDA, WILL CONDUCT A PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 EAST BOYNTON BEACH BOULEVARD, on Tuesday, August 8, 1995 at 7:00 p.m., to consider an application submitted by Vincent A. Maffucci, 16 Andrew Ave. #2, Delray Beach, Florida 33483, as an agent on behalf of Nicholas L. cucci of Concord, Massachusetts to abandon an alley right-of-way located on the west side of NE 3rd Street between lots 32 and 33, more particularly decribed as follows: LEGAL DESCRIPTION: THAT PART OF THE ALLEY RIGHT OF WAY IN THE PLAT OF ARDEN PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 96 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 33 OF THE SAID PLAT OF ARDEN PARK; THENCE N 90000 I OO"E. , ALONG THE SOUTH LINE OF SAID LOT 33, 166.50 FEET TO THE SOUTHEAST CORNER OF SAID LOT 33; THENCE S. 8000100"W., 10.10 FEET TO THE NORTHEAST CORNER OF LOT 32; THENCE N. 90000'00"W., ALONG THE NORTH LINE OF SAID LOT 32, 164.90 FEET TO THE NORTHWEST CORNER OF SAID LOT 32; THENCE N.1006'00"W., 10.00 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 1657 SQUARE FEET OR 0.038 ACRE, MORE OR LESS. ALSO A PUBLIC HEARING will be held by the City Commission of the City of Boynton Beach on the above request at City Hall Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, August 15, 1995 at 7:00 p.m. or as soon thereafter as the agenda permits. All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board or City commission with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH SUZANNE M. KRUSE CITY CLERK (407) 375-6062 a: Maffucci .1111 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON BEACH, FLORIDA, WILL CONDUCT A PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 EAST BOYNTON BEACH BOULEVARD, on T~esday, Au~ust 8, 1995 at 7:00 p.m., to consider an application subm~tted by V1ncent A. Maffucci, 16 Andrew Ave. #2, Delray Beach, Flor1da 33483, as an agent on behalf of Nicholas L. Cucci of Concord, Massachusetts to abandon an alley right-of-way located on the west side of NE 3rd street between lots 32 and 33 more particularly decribed as follows: ' LEGAL DESCRIPTION: THAT PART OF THE ALLEY RIGHT OF WAY IN THE PLAT OF ARDEN PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 96 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 33 OF THE SAID PLAT OF ARDEN PARK; THENCE N 90000' OO"E. , ALONG THE SOUTH LINE OF SAID LOT 33, 166,50 FEET TO THE SOUTHEAST CORNER OF SAID LOT 33; THENCE S. 8000'OO"W., 10.10 FEET TO THE NORTHEAST CORNER OF LOT 32; THENCE N. 90000'OO"W., ALONG THE NORTH LINE OF SAID LOT 32, 164.90 FEET TO THE NORTHWEST CORNER OF SAID LOT 32; THENCE N.1006100"W., 10.00 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 1657 SQUARE FEET OR 0.038 ACRE, MORE OR LESS. ALSO A PUBLIC HEARING will be held by the City Commission of the City of Boynton Beach on the above request at City Hall Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, August 15, 1995 at 7:00 p.m. or as soon thereafter as the agenda permits. All interested parties are notified to appear at said hearing in person or by attorney and be haard. Any per . decides to appeal any decision of the Board ustment w1th respect to any matter considered at thi meeting will need a record of the proceedings and for such purpose may need to ensure that ~ verbatim record of the proceedings is made, which record 1ncludes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH SUZANNE M. KRUSE CITY CLERK (407) 375-6062 .: lIaffucci. 1,;,\