LEGAL APPROVAL
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL. 561-742-6260
FAX: 561-742-6259
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April 2, 2003
www.boynton-beach.org
Daise Temple Church of God in Christ
340 N.E. 12 Avenue
Boynton Beach, Florida 33435
Re:
For'
File No.
Location.
Dear Sir:
Daise Temple Church of God in Christ
Abandonment
ABAN 02-004
Alley on East Side of 340 N. E. 1th Avenue
Enclosed is the City of Boynton Beach Ordinance No. 03-003 for File No. ABAN 02-004
requesting a right-of-way abandonment of a 90-foot segment of NE 3rd Street, south of
N.E. 1th Avenue. This was approved by the City Commission on February 18, 2003
Should you have any questions regarding this matter, please feel free to contact this
office at (561) 742-6260.
Sincerely,
d~ ~av~
Michael W Rumpf
Director of Planning & Zoning
MWR:ad
Attachment: Ordinance No. 03-003
S:\Planning\SHARED\WP\PROJECTS\Daise Temple (Church of God) Aban\Approval form letter after CC new.rtf
ORDINANCE NO 03 -002>
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING ABANDONMENT OF A 40 FOOT
WIDE RIGHT-OF-WAY LOCATED ON NE 3RD
STREET, BEING MORE PARTICULARLY
DESCRIBED HEREIN, SUBJECT TO THE
CONDITIONS OF APPROVAL ATTACHED AS
EXHIBIT "C"; AUTHORIZING THE CITY
MANAGER TO EXECUTE A DISCLAIMER FOR
SAID ABANDONMENT, PROVIDING THAT THE
ATTACHED DISCLAIMER BE RECORDED IN THE
PUBLIC RECORDS OF PALM BEACH COUNTY,
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach, upon recommendation of staff, is
requesting the abandonment of an unimproved 40 foot wide right-of-way, located on N.E.
3,d Street, subject to the Conditions of Approval attached hereto as Exhibit "C", and
WHEREAS, comments have been solicited from the appropriate City
Departments, and public hearings have been held before the City's Planning and
Development Board and the City Commission on the proposed abandonment;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida, does
hereby abandon an unimproved 40 foot wide right-of-way, located on N.E. 3,d Street,
south ofN.E. 12th Avenue, more particularly described in Exhibit" A", attached hereto,
and further set out in a sketch of the proposed abandonment attached as Exhibit B, and
subject to Conditions of Approval attached as Exhibit "C"
Section 2. The City Manager is 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.
This Ordinance shaH take effect immediately upon passage.
FIRST READING this ~ day of February, 2003
S:\CA\()rdimlfl{;lIS'Ab4vldonmenls\Daise Tert"ple - COBB Atlandon~nt 01~303.doc
2003
SECOND, FINAL READING AND PASSAGE THIS ~day of February,
Yn.p~
c:/
ACH, FLORIDA
f, .
Vice Mayor
Commissioner
S:\CA\Ordlnances\Abanclonments\Dais8 Temple COBB Abandonment 012303.doc
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 three street rights-of-way, as more particularly described herein 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 February, 2003
ATTEST
STATE OF FLORIDA
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Janet Prainito, City Manager 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, aod 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; aod that said instrument is the act
aod deed of said corporation.
WITNESS my hand and official seal in the said State and County this ~ ~ day
of February, 2003.
~~~
NOTARY PUBLIC, State of Florida
My Commission Expires:
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S;\CA\OrdlNlncel\Abandonmenta\Oai.. T~. . COB8 ANndonmel'lt 012303.doc
EXHIBIT "A"
All that part of the existing road right-of-way for NE
3m Street, lying south of NE 12th Avenue and
running south for 90 feet, as shown on the Plat of
Happy Home Heights as recorded in Plat Book 11,
Page 30, of the Public Records of Palm Beach
County, Florida.
EXHffiIT "A"
All that part of the existing road right-of-way for NE
3'" Street, lying south of NE 12'" Avenue and
running south for 90 feet, as shown on the Plat of
Happy Home Heights as recorded in Plat Book 11,
Page 30, of the Public Records of Palm Beach
County, Florida.
...
----
-- -
EXHIBIT "B"
PROPOSED ABANDONME
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EXHIBIT "e"
Conditions of Aooroval
Project name: Daise Temple
File number: ABAN 02.{)04
Reference: N/A
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None
UTn.ITIES
Comments:
1. An ingress, egress, drainage and utility easement encompassing the entire X
N.E. 3RD Street right-of-way shall be dedicated to the City of Boynton
Beach. This dedication shall occur prior to final recording of the
abandomnent.
2. No canopy trees shall be allowed to be planted within the easement. All X
plantings shall be reviewed and approved by the City of Boynton Beach
prior to placement.
3 No building structures shall be allowed to be constructed on any portion X
of the easement.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DMSION
Comments: None X
PARKS AND RECREATION
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments: None X
FORESTERlENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
X
4. To ensure the intended use of the abandoned right-of-way for an ingress,
egress, drainage and utility easement, the plat shall be amended
accordinlliv.
ADDmONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDmONS
Comments:
1 None X
ADDmONAL CITY COMMISSION CONDITIONS
Comments:
l. To be determined.
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