LEGAL APPROVAL
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PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 93-107
FROM:
J. Scott Miller, City Manager
~h~ro, Planning and
Zoning Director
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DATE:
May 13, 1993
SUBJECT:
Abandonment of N.E. 5th Avenue
When the City commission approved the conditional use and site plan
for the pre-school building for St. Mark's Church located on N.E.
6th Avenue just east of Federal Highway, staff was instructed to
file a petition to abandon N.E. 5th Avenue because this right-of-
way was located with the St. Mark's parking lot.
Staff prepared the application for the entire right-of-way from
Federal Highway to the St. Mark's property. This request was
circulated to City Departments for review and no negative comments
were received from them.
The local utility companies were also contacted and Florida Power
and Light requested that a 10' easement be maintained through the
ubandoned alley right-of-way.
At its meeting of May 11, 1993 the Planning and Development
reviewed this request and forwarded it to the City Commission with
a recommendation of approval SUbject to the filing of any needed
easements.
This item has been scheduled for City Commission review and final
determination on May 18th, 1993.
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Pfanning & ;:"'ning 'DepartmLnt
100 'E. 'Boynton 'Beadi 'Boukvara
P.O. 'Bo{.31O
'Boynton 'Beacli, '.Jwritfa 33425-0310
{4071 738-7490, '.J:<<: {40i'J 738-7459
May 19, 1993
Rev. John G. slock
st. Mark Catholic church
643 Northeast 4th Ave.
Boynton Beach, FL 33435
Re: Abandonment N.E. 5th Avenue
Dear Reverend Block:
This is to advlse you that on May 18, 1993, the city Commission of
Boynton Beach approved the abandonment of 241 feet of N.E. 5th
Avenue east of Federal Highway.
The approval of the abandonment was subject to the following
conditions:
1. Filing of an easement for Southern Bell Telephone and
Florida Power and Light.
We would ask that you have your engineer prepare the necessary
easement documents and forward them to us for review and filing.
If you should have any questions, please feel free to call me.
Yours truly,
~~
Christopher cutro
Planning and Zoning Director
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A: STMARKS . JM
5lmerica's gateway to the gulf stream
RESOLUTION NO. xJ/-LL
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, VACATING
AND ABANDONING A RIGHT-OF-WAY CONCERNING
THE PROPERTY HEREINAFTER DESCRIBED;
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A DISCLAIMER FOR SAID RIGHT-OF-WAY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, St. Mark's Catholic Church, through its agents,
as owner of certain property located within the City of Boynton
Beach, Florida, has requested the abandonment of the hereinafter
described right-of-way; 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 City Council on the proposed
abandonment; and
WHEREAS, based on the foregoing information that said
right-of-way no longer serves any useful purpose.
NOW, THEREFORE BE AND IT IS HEREBY RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: T~e City of Coynton Beach, Florid~, ty ~n~
through its City Council, does hereby vacate and abandon for
right-of-way purposes a piece of real property located in the
City of Boynton Beach, Florida, to-wit:
That part of the street right-of-way as shown
on the plat of NORTH BOYNTON, being a subdivision
by ROBERT S. MERRITT, Boynton Beach, Palm Beach
County, Florida, according to the plat thereof
recorded in Plat Book 1, Page 68, of the public
records of Palm Beach County, Florida, described
as follows:
Begin at the Southeast corner of Lot 7 of the
said plat of NORTH BOYNTON; thence North (assumed)
along the East line of Lots 7 thru 12, inclusive,
and along the Northerly extensiqn thereof, 315.83
feet to the North line of ,'el 10 foot street'. and
the North line of said pl~t-~f &O~fHtOYNTON; thence
South 88033'29" E., along said North line, 28.01
feet to the East line of the 28 foot street and
the East line of said plat of NORTH BOYNTON; thence
South, along said East line, 315.81 feet to the
intersection with the Easterly extension of the
South line of said Lot 7; thence North 88035'27"\".
along said Easterly extension, 28.01 feet to the
said Point of Beginning.
Containing 8,843 square feet, more or less.
Section 2: This vacation and abandonment of the
above referenced right-of-way is expressly subject to the granting
of an easement over, under and across the north ten (10) feet and
south ten (10) feet of the subject property by St. Mark's Catholic
Church to the Florida Power and Light Company for public utility
purposes.
Section 3: 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 4: This Resolution shall take effect immediately
upon passage.
PASSED and ADOPTED this /~
day of fiar
1984.
CITY OF BOYNTON BEACH, FLORIDA
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MAYOR
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VICE MAYOR I
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COUNCIL
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ATTEST:
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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 for right-of-way
purposes the following described property, situate and located in
Palm Beach County, Florida, to-wit:
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That part of the street right-of-way as shown
on the plat of NORTH BOYNTON, being a subdivision
by ROBERT S. MERRITT, Boynton Beach, Palm Beach
County, Florida, according to the plat thereof
recorded in Plat Book 1, Page 68, of the public
records of Palm Beach County, Florida, described
as follows:
Begin at the Southeast corner of Lot 7 of the
said plat of NORTH BOYNTON; thence North (assumed)
along the East line of Lots 7 thru 12, inclusive,
and along the Northerly extension thereof, 315.83
feet to the North line of a 10 foot street and
the North line of said plat of NORTH BOYNTON; thence
South 88033'29" E., along said North line, 28.01
feet to the East line of the 28 foot street and
the East line of said plat of NORTH BOYNTON; thence
South, along said East line, 315.81 feet to the
intersection with the Easterly extension of the
South line of said Lot 7; thence North 88035'27"W.,
along said Easterly extension, 28.01 feet to the
said Point of Beginning.
Containing 8,843 square feet, more or less.
PROVIDED THAT said Disclaimer is expressly subject to
and contingent upon the subsequent owner of the subject parcel
granting and conveying to the Florida Power and Light Company an
easement for public utility purposes over, under and across the
north ten (10) feet and the south ten (10) feet of the subject
: parcel.
IN WITNESS WHEREOF, the duly authorized officers of the
City of Boynton Beach have hereunto set their hands and affixed
: the seal of the City this
IAf day of
, 1984.
JIlj
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MAYOR U
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ATTEST:
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CITY rK
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'THE STATE OF FLORIDA )
COUNTY OF PALM BEACH )
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, appeared
BEFORE ME, the undersigned authority, personally
CARL ZIMMERMAN
and
BETTY S. BaRONI
:,Mayor and City Clerk respectively, of the City of Boynton Beach,
"Florida, to me known 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
i' the official seal of said corporation; and that said instrument
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Ii is the act and deed of said corporation.
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WITNESS MY HAND and official seal in said State and
this
2nd
day of
MAY
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,,1984.
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4r~A/'~JA/
NOTARY PUBL . (- -_
State of Florida a Large
My Commission Expires:
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f.btary P;Jb!ic. S~ate of Nor:da
M)' Cornm;~sion t~j2ires ~u;'1 13. l'1SJ
BOWJilJ Thru T rOil ;~jll . 1":;,J'..,,.e. :r.~.
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