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LEGAL APPROVAL MEMORANDUM FROM: NANCY E. BYRNE 1,,'\ 1:; - ACTING DIRECTOR OF DEVELOPMENT; i U J ;-_,1;;' " .f. <;:j SUE KRUSE, CITY CLERK I WJ j Am, 3 1999 "-----~,."._, AUGUST 11, 1999 I" , TO: DATE: '-'-~""'''''''''"''~:' RE: ORDINANCE #099-18 - ABANDONMENT- APPLICANT, MARY A. WYATT Attached please find a copy ofthe above mentioned abandonment which was recorded in Palm Beach County on July 26, 1999. J~~ c: Planning Abandonment Index File Subject File Applicant j: \shrdata\cc\wp\memos\nancy byrne.doc Jul-2o-1~99 02:2BpI 99-303966 ORB 1 1254 Pg 1"7 1 2 11111111111 "II 011l1U 111111111111111111111111111 ORDINANCE NO.C99-/B AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING THE REMAINDER OF CORDOVA WAY, AS WELL AS A SERVICE STREET ABANDONMENT (LOCATED ON WEST OCEAN DRIVE); SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ABANDONMENT; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING FOR CONFUCTS, SEVERABILITY AND AN EFFECTIVE DATE. 'NHi:R.i:i\Z, the G~ijJiicar.i\., ~.lc.'l' A. \/v'yatt, pioperty O".''v'nei, has requested ': abandonment of a street, originally known as Cordova Way and a service street that :, I abuts her property at 721 Ocean Drive; and WHEREAS, comments have been solicited from the appropriate City Departments; and 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 property no longer serves any useful purpose. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 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 abandon the remainder of a street, originally known as Cordova Way, (approximately 25') which runs north and south from Ocean Drive and adjacent to the west side of Block 13 of Lake Boymon Estates, and a service street, (approximately 15') bisecting Block 13 and running east and west and adjacent to the north of the applicant's property, and more particularly described in Exhibit "Au, and depicted on a detailed sketch of the proposed abandonment attached hereto as Exhibit "B", and subject to Conditions included in Exhibit "c" - Conditions of Approval, all of which are attached hereto and made a part hereof. 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. ORB 1 1 254 Pg 1 7 1 .3 Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 5. This ordinance shall become effective immediately upon passage. FIRST READING this /.0 day of ~G , 1999. SECOND, FINAL READING AND PASSAGE this ~ day of V-~~ 1999. i · , Vice Mayor co~ U~ Commissioner, r~ ,\ { '--<-Lell ~L'li( L comJlisjirln~r ~ ~2 ~~ ?v' ~ --. Commissioner ATTEST: ~A~':'~ ~M'-' Ci Clerk ' ,,\ \ \" 111111///11 s:ca\Ord~d\~W~ndonment . - ",:::.:;..... tS><" ~ . ~.(.....,._'I~~.. ~ ~ '-'0\ 0 ~ '. / .g" \ :1:. ~ ..: ~ : = ~..... . ,"'.......0 I ~ . .' .. ,..~ ~..., .J)... ... .$ "..~. ~ .wI.... _,0_ ~ .:...... ..........,. ~ ~ '/, j::"LO?-'v ~~ "'. , \\\' """ :!\\\\\\\ ; I ft. "~.. ORB 1 1 254 Pg 1 7 1 4 LEGAL DESCRiPtiON OF ABANDONED HIGHT.Of.WAY A PARCEL OF LAND BEING THE EAST 25' OF COROOVA WAY LYING weST OF THE WEST LINE OF LOT 12, SLOCt< 13 (AND LYING NORTH OF THE NOR'04 RIGHT-OF.WAY OF OCEAN AVENUE) AS SHOWN ON TME PLAT OF VoKIE BOYNTON EST A TIS P\.A T 1 AS RECORDE D IN PLAT 800K 13. PAGE 32, OF THE PUBLIC RECORDS OF PAU..' BEACH COUNTY. FLORIDA TOGEnlEH WITH THE SOUlH HAlF (5 112) OF THE 15 FOOT PLAT SERVICE SlREH lYING NORTH Of LOT 11 AND LOT 12. BlOCK 13 OF SAID PLAT, ~ID PARCEL OF LAND BEING MORE PARTICULARLY DeSCRIBED AS FOLLOWS. ALL BEARINGS SHOWN HEREON ARE BASED ON THE PLAT OF ANNORENO ESTATES AS RECORDED IN PLAT BOOK 68. PAGES 190 & 2DO OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA WHIC" SHOWS THE NORTH RIGHT.Of.WAY OF OCEAf\l ORIVE AS NORTH SIO.00'OO- WEST. BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 12. BLOCK 13. OF LAKE BOYNTON ESTATES PLAT 1 THENCE NORTH go-OO"Oa'" weST ALONG THE NORTH RIGHT.Of-WAY OF OCEAN DRIVE (PLAT;a OCEAf\l AVENUE) 25.00 FEET TO THE SOUTHeAST CORNER OF LOT 12 OF SAID ANNORENO ESTATES; THENCe NORTH 00'00'00" El<ST 122.80 FEET ALONG TIE lAST I.INE OF SAID lOT 12 OF ANNQRENO eSTATES ALSO BEING THE WEST LINE OF COROOVA WI4.Y AS SHOWN ON SI4..ID PLAT OF ANNORENO ESTATES TO A POINT ON THE SOUTH LINE OF LOT 5 OF SAIOANNORENO ESTATES: THENCE NORTH 79.36',U" EAST 7825 FEET ALONG THE 'SOUTH LINE OF SAID LOT ~ OF ANNORENO ESTA res TO A POINT ON THE NORTHERLY PROJECTION OF LOT 11 BLOCK 13 OF SAID lAKE BOYNTON ESTATES PLAT 1. THENCE SOIlTH oo~ocr. EAST 762 fEE" TO THE NORTHEAST CORNER Of SAID LOT 1" BLOCK 13. LAKE BOYNTON ESTATES PLAT 1; THENCE SOUTH 7rJl'O" WEST 50.84 fEET ALONG THE NORTH LINE OF SAID LOTS 1 1I4.NO '2. SLOCK 13 OF SAID l.AKE BOYNTON EST... TES TO THE NORTHWEST CORNER OF LOT 1a. BLOCK 13 OF SAID LAKE BOYNTON ESTATES PLAT 1: THENCE SOUTH 00.00'00- WEST 118.76 FEET AlOf\lG THE WEST LINE OF SAID LOT 12. BLOCK 13 OF SAID LN<E BOYNTON ESTATeS PlAT 1 TO THE POINT OF BEGINNING. SUBJECT TO A TEN FOOT (10') WIDE EASEMENT (AS ~ASURED AT RIGHT ANGLES) FOR FLORIDA POWER & LIGHT COMPANY PURPOSES ALONG THE WEST BOUNDARY OF THE AFORE DESCRIBED PARCEl... THE WEST LINE OF SAID 'tEN FOOT WIDE EASEMENT COINCIDENT WITH THE WEST LINE OF SAID PARCEL. THE SOUTH TERMINUS OF SAID 10' EASEMENT BEING THE NORTH RIGHT OF WAY LINE OF OCEAN AVENue, AND THE NORTH TERMINUS OF SAID 10- EASEWENT BEING COINCIDENT WITH THE SOUTH PAOPERTY liNE OF lOT S. ANNORENQ ESTATES AS RECDRD&D IN PlAT BOOK 88, PAGES 199-200. SUBJECT TO NO lANDSCAPING OF THE AlilE14. UNDER WHICH BURIED BELl. SOUTH TELEPHONE CABLE EXISTS WHICH IS BEHIND THE HOME AND I4.CROSS THE RIGHT.OF.WAY. ~;:'J;~~;'~;:I::':~;v.O: Le~:2:t/ ~: doc~ ~S; U I~:"(::;:,~",:ory wh;".l'~1 rt"oiv"d II...., '.v..... t: . 214 H.E. 3td Slt.al Doynlon Ooac:n. Fl 33435 .731"C)90' 1715 EXHIBIT vvl'. - liNG "a" 9i'r'e ''''.II1II, A f"'."J . g ~ 310S.W. Isl Avonuo ooynlon O.oc.... Fl33<t3S FORI. AGNES WY ATT CHRISTOP~ ,~H ORB 1 1254 Pg J.t'MU I n L.J-\'~L1 SCALE I ~OTTO SC~E Lt:GAL Ut:.SCJ.llP!'ION UI- "'HANOONE:O HIGHT.Ot- -WAY A P,",RCEL OF LAND BEING THE EAST 25' OF CORDOVA WAY LYING WEST OF THE WEST LINE OF LOT 12 BLOCK 13 lAND LVING NORTH OF THE NORTH RIGHT.OFoWAV OF OCEAN AVENUE) AS SHOWN ON THE PL"T OF LAKE BOVNTON ESTATES PLA1 I AS RECORDED IN PLAT BOOK 13 PAGE 32, OF 1HE P'~BliC RECORDS OF PALM BEACH CGUNTV FLORIDA TOGETHER WITH THE SOUTH HALF IS 112) OF THE 15 FOOT PLAT SERVICE STREET LVING NORTH OF LOT" AND LOT 12, BLOCK 13 OF SAID PLAT SAI[) PARCEL Of LAND BEING MORE PARTlCULAIU V DESCRIBED AS FOLLOWS AU BEARINGS SHOWN HEREON ARE BASED ON THE PLAT OF ANNORENO ESTATES AS ...( C0ROED IN PI AT BOOK 68 PAGES 199 & 200 OF THE PUBLIC RECORDS OF PALM BEACH COUN1V FLORIDA WHICH SHOWS 1HE NORTH RIGH1,OF.WAV OF OCEAN DRIVE AS NORTH go'OO'OO" WEST BEGINNING A1 THE SOUTHWEST CORNER OF SAID LOT 12, BLOCK 13, OF LAKE BOVNTON ESTA TES PLAT 1 THENCE NORTH go'OOOO'" WEST ALONG THE NORTH RIGHT,OF.WAV OF OCEAN DRIVE :PLAT . OCEAN AVENUE) 2500 FEET 10 THE SOUTHEAST CORNER OF LOT 12 OF SAID ANNORENO ESTATES 1HENCE NORTH 00'00'00' EAST 12280 FEET ALONG THE EAST LINE OF SAID LOT 12 OF "NNORENO ESTATES ALSO BEING THE WEST LINE OF CORDOVA WAY AS SHOWN ON SAID PU\T OF "NNORENO ESTATES TO A POINT ON THE SOUTH LINE OF LOT 5 OF SAID ANNORENO ESTATES, THENCE NORTH 79'36'43' EAST 76,25 FEET ALONG THE SOUTH LINE OF SAID LOT 5 OF ANNORENO ESTATES 70 A POINT ON THE NORTHERLY PROJECTION OF LOT 11 BLOCK 13 OF SAID LAKE BOVNTON ESTATES PLAT I, THENCE SOUTH 00"0000- EAST 762 FEET TO THE NORTHEAST CORNER OF SAID Lcn 11, BLOCK 13. LAKE BOVNTON EST' rES PLAT I, THENC" SOUTH 7S':)6'43' WEST 50 114 ;.EET ALONG n.~ '10RTH LINE OF S"'D LOTS" AND 12, BLOCK 13 Ci SAID LAKE BOVNTON iOSTATES TO THE NOF:,.:WEST CORNt:R OF LOT '2 BLOCK 13 OF SAID LAKE BOVNTON ESTATf,S PLAT 1 THENCE SOUTH 00'00'00'" WEST 11975 FEET 4l ONG THE WEST LINE OF SAID LOT 12 BLOCK I 3 ~F SAID LAKE BOVN10N EST A TES PLA T I ro THE PlllNl OF BEGINNING SKETCH OF LEGAL. DESCRIPTION NOT AOOUl SUINEY I l. 5 6 ANNOR~NO ESTATES N PLATBlOK 6e PAGE 1 9 II " , , 12 OCEAN AVENUE (OCEAN DRIVE) a.tut.end tM:! IlIIw)a' M:II' YN.m lImDll' !ttlCISID IIl\L rladda lb. 4299 ~ tt'?'r-/C:J EXHIBIT "e" CONDITIONS OF APPROVAL ORB 11254 Pg 1716 ;:'roject name: Mary Wyatt File number: ABAN 99-002 Reference' I st Review Abandonment File #ABAN 99-002 . '. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE UTILITIES Comments: NONE Jlli~L UM. ..-.-....-.-..... ..;-.0__.... Comments: NONE POLICE Comments: NONE ENGINEERING DIVISION Comments: NONE , BUILDING DIVISION Comments: NONE PARKS AND RECREATION Comments: NONE FORESTERJENVIRONMENT ALIST Comments: NONE I PLANNING AND ZONING Comments:. 1. Utility easements acceptable to F. P. & L. and Bell South are to be recorded prior to final approval. Confirm with Bell South that review included the abandonment as well as landscaping. ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS 2. To be determ ined. ADDITIONAL CITY COMMISION COMMENTS 3. To be determined. lA/dim J:ISHRDATAIPlanningISHAREO\WP\PROJECTS\WYATT MARY\CoNomoNS OF APPROVAL P&O 5-25 ORB 1 1 254 Pg 1"7 1 "7 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 a certain 25' street, originally known as Cordova Way and a 15' service street, more particularly described herein as Exhibit "An. 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 July, 1999. ~\\\\\\ \\ 11"'1111111. AlTEST: .ff'~l of SO YA~~ CITY OF, CH, FLORIDA ~ .I""' --...V)'o ~ ~ '" ~o.\.CORA.. 0 ~ 'In . :::. "'~ 0.... ;::::;. ~ ~.\ -t- ~ . :..\\ tXI :: . anne Kruse, Cityi:ler 1 B~ P)j ~ :: erald Broening, Mayor ~ ~ ...... <n ./ C) ~ ~ ( '. v..........(' ~ STATE OF FLORIDA ~ 0/:/\...... ~ ~III. J 0 A ~\~ '/111111' III ,,\\\~'S: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared GERALD 8ROENING 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.