LEGAL APPROVAL
The City of
Boynton Beach
Ci~v Clerk's Office
100 E. Bqynton Beach Boulevard
P,D. Box 310
Boynton Beach, Florida 33425-0310
(56l) 742-6060
FA-X: (56l) 742-6090
February 16, 2001
Joel Kopelman, Navon Kopelman
O'Donnell & Laven
2699 Sterling Road, #B100
Ft. Lauderdale, FL 33312
RE: ORDINANCE #000-076, Exhibit "A", Original Disclaimer and Exhibit "A"
Dear Representative:
Attached please find a recorded copy of the above mentioned ordinance,
disclaimer and Exhibit.
If we can be of any further service, please do not hesitate to contact this office.
Sincerely,
CITY OF BOYNTON BEACH
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Sue Kruse, CMC/AAE
City Clerk
C: Development
Engineering
Planning
Files
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The City of
Boynton Beach
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OHB 1 'L..277 Pg 1 337
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Ciry Clerk's Office I
100 E. Boynton Beach Boulevard
P,D. Box 310
Boynton Beach, Florida 33425-0310
(56!) 742-6060
FAX: (56l) 742-6090
CERTIFICA TION
I, JANET M. PRAINITO, CMC, DEPUTY CITY CLERK of the City of Boynton Beach,
Florida, do hereby certify that the attached copy of Ordinance #000-76 consisting
of two pages, Exhibit "A" consisting of one page and a map consisting of one
page are true and correct copies as they appear in the records of the City of
Boynton Beach, Florida.
Also attached is the "original disclaimer" consisting of two pages a copy of
which appears in the records of the City of Boynton Beach, Florida. Exhibit "A"
consisting of one page and a map is attached to the original disclaimer.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH,
FLORIDA, this 17th day of January, 2001.
tn.
T M. PRAINITO, CMC
TY CITY CLERK
January 17, 2001
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ORDINANCE NO. ~]00-7"6
AN ORDINANCE OF THE cm COMMISSION OF THE
cm OF BOYNTON BEACH, FLORIDA, ABANDONING A
THIRTY (30') FOOT ROAD RIGHT-OF-WAY (BJ's
WHOLESALE CLUB), SAID PROPERTY BEING MORE
PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE
MAYOR AND cm CLERK TO EXECUTE A DISCLAIMER
FOR SAID ABANDONMENT; PROVIDING THAT THE
ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
PROVIDING FOR CONFLICTS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, Roscoe Biby of Kimley-Horn & Associates, Inc,. as agent for BJ's
Wholesale Club, has requested abandonment of a thirty (30') foot road right-of-way,
located on the Southwest corner of Boynton Beach Boulevard and Winchester Park
Boulevard; 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 road right-of-way
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 a thirty (30') foot road right-
of-way, located at the Southwest corner of Boynton Beach Boulevard and
Winchester Park Boulevard and more particularly described herein as Exhibit "AI/.
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. All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
r 1~77 Pg 133'9
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 4 day of December, 2000.
SECOND, FINAL READING AND PASSAGE this ~ day of January,
2001.
H, FLORIDA
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Commissioner
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Commissioner
ATTEST:
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Ci Clerk
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EXHIBIT "A"
The 30.00 foot Road Right-of-Way lying in Palm Beach Farms Company Plat No.8,
as recorded in Plat Book 5, page 73, of the Public Records of Palm Beach County,
being described as follows:
Bounded on the North by the South Right-of-Way line of Boynton Beach Boulevard
(S.R. 804), bounded on the East by the West line of Lots C, 0, E, Block 4 and Lots A,
B, C, 0, E, Block 29, bounded on the West by the East line of Lots C, D, E, Block 5
and Lots A, B, C, 0, E. Block 28 and bounded on the South by the Easterly extension
of the South line of Lot E, Block 28, all lying in Palm Beach Farms Company Plat No.
8.
PCN t 08-43-45-30-01-004-0030
and
peN t 08-43-45-30-01-028-0010
Name
Return to: (enclose self-addressed stamped envelope)
Address:
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DOROTHY H. WILKEN, CLERK PB COUNTY, FL
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City of Boynton Beach /
100 E Boynton Beach Blvd
, P.O. Box 310
Boynton Beach,Fl 33425
Jan-29-2001 02:08pI 01-033300
ORB 12277 Pg 1342
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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 thirty (30') foot road right-of-way, located at the
Southwest corner of Boynton Beach Boulevard and Winchester Park Boulevard. The
attached composite Exhibit "A" includes the legal description of the property, and
includes a diagram of the specific roadway to be abandoned.
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 January, 2001.
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BEFORE ME, the undersigned atjHWJflcy, personally appeared GERALD
BROENING and SUZANNE KRUSE, Mayor and City Clerk respectively, of the City of
'-
ATTEST:
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.
~ 1-277 Pg 1343
WITNESS my hand and official seal in the said State and County this 1(, tk
day of January, 2001.
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NOTARY PUBUC, State of Florida
My Commission Expires:
~~v Pb,g Barbara M. Madden
~.,~~ '"' 'f,Commission # CC 760467
~AA' Expirea July 19.2002
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o\TI.ANTIC BONDING CO.. IN!.
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EXHIBIT "AIf
The 30.00 foot Road Right-of-Way lying in Palm Beach Farms Company Plat No.8,
as recorded in Plat Book 5, page 73, of the Public Records of Palm Beach County,
being described as follows:
Bounded on the North by the South Right-of-Way line of Boynton Beach Boulevard
(S.R. 804), bounded on the East by the West line of Lots C, 01 EI Block 4 and Lots AI
B, C, 0, E, Block 29, bounded on the West by the East line of Lots C, 0, E, Block 5
and Lots A, B, C, 0, E. Block 28 and bounded on the South by the Easterly extension
of the South line of Lot E, Block 28, all lying in Palm Beach Farms Company Plat No.
8.
Name
Rerum to: (enclose self-addressed stamped envelc
Address:
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DOROTHY H. WILKEN, CLERK PB COUNTY, FL
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DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Building
Planning & Zoning'
Engineering
OccupatWna[ License
Community Redevelopment
December 7,2000
Roscoe Biby
Kimley-Horn & Associates, mc,
601 21 Street, Suite 400
Vero Beach, Florida 32960
Re:
File No:
Location:
BJ's Wholesale Club
ABAN 00-005
SW comer of Boynton Beach Boulevard and Winchester Boulevard
Dear Mr, Biby:
Enclosed is the City of Boynton Beach Development Order for the abandonment of the right-of-
way granted on December 5,2000,
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 742-6260,
Sincerely,
ft-u.2-
Michael W,Rurnpf
Director of Planning & Zoning
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J:iSHRDA T A\PlanningiSHARED\ WP\PROJECTS\Bfs \\Iholes.le Club Aban 2OQO\Development Order Letter.doc
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd., P,O. Box 310 Boynton Beacb, Florida 33425-0310 Pbone: (561) 375-6260 FA.X: (561) 375-6259
DEVELOPMEI-. lRr. { OF THE CITY COMMIS...
CITY OF BOYNTON BEACH, FLORIDA
OF :-IE
PROJECT NAME: BJ's Wholesale Club
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APPLICANT'S AGENT: Roscoe Biby of Kimley-Horn & Associates, Inc,
APPLICANT'S ADDRESS: 601 21 Street, Suite 400, Vero Beach, FI. 32960
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DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 05,2000
TYPE OF RELIEF SOUGHT: Request for dedicated street right-of-way abandonment
LOCATION OF PROPERTY: SW corner of Boynton Beach Boulevard and Winchester Park Boulevard
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 Planning and Development 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
-L 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
-L 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,
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DATED: ~~ - '?; dt~dt:?
EXHIBIT "<-
Conditions of Aooroval
Project name: B1's Wholesale Club
File number: ABAN 00-005
Reference: Application to Abandonment with an October 11. 2000 Planning and Zoning Department date stamp
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DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: NONE X
UTILITIES
Comments: NONE X
FIRE
Comments: NONE X
POLICE
.
Comments: NONE X
ENGINEERING DNISION
Comments: NONE X
BUILDING DNISION
Comments: NONE X
PARKS AND RECREA nON
Comments: NONE X
FORESTER/ENVIRONMENT ALIST
Comments: NONE X
PLANNING AND ZONING
Comments: NONE X
ADDmONAL PLANNING AND DEVELOPMENT BOARD CONDmONS
Comments: None, X
ADDmONAL CITY COMMISSION CONDmONS
Comments: T..n he- dekuumed Ne>....v€" V
MWR/dim
S:\PU\NNING\SHAREO\WP\PROJECfS\BJ'S WHOLESALE CLUB ABA.'12000\BJ'S ABANDCOND OF APPROV AL.DOC