LEGAL APPROVAL
ORDINANCE NO. 04- 001
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING ABANDONMENT
OF AN UNIMPROVED 5-FOOT WIDE ALLEY
RUNNING EAST-WEST IN BLOCK B, MEEKS AND
ANDREWS ADDITION TO BOYNTON;
AUTHORIZING THE CITY MANAGER TO EXECUTE
A DISCLAIMER, WHICH SHALL BE RECORDED
WITH THIS ORDINANCE IN THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach desires to abandon the unimproved 5-foot
ide alley right-of-way which runs west from N. Railroad Avenue located between N.E. 10th
venue and N.E. 11th Avenue, subject to staff comments; 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
e City Commission on the proposed abandonment; and
WHEREAS, the properties located on the north and south sides of the alley segment
o be abandoned have requested this abandonment in order to assist in the development of the
oynton Delray Acadamy; and
WHEREAS, the City of Boynton Beach Commission finds that the abandonment of
he alley is in the best interest of the public health, safety and welfare of the citizens and
esidents of the City of Boynton Beach.
NOW, THEREFORE, BE IT RESOL YED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing "Whereas" clauses are true and correct, and
incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, does
hereby abandon a 5-foot wide alley which runs west from N. Railroad Avenue located
between N.E. 10th Avenue and N.E 11th Avenue, Boynton Beach, Palm Beach County,
Florida, subject to staff comments and any easements of record, and more particularly
described in the attached Exhibit "A." A location map is attached hereto as Exhibit "8."
S:\CAIOrdinanceslAbandonrrentslAbandon -5 Ft ROW NE 10th and NE llth.doc;
Section 3. The City Manager is hereby authorized and directed to execute the
ttached Disclaimer and cause the same to be filed, with this Ordinance, in the Public
ecords of Palm Beach County, Florida.
Section 4. This Ordinance shall take effect immediately upon passage.
FIRST READING this JL day of Jt,..nU4rl ' 2004.
SECOND, FINAL READING AND PASSAGE THIS ~day of
~(LnWLrj
,2004.
CITY OF BOYNTON BEACH, FLORIDA
"
S:ICAIOrdinanceslAbandonmentslAbandon -5 Fl ROW NE 10th and NE l1th,doc
EXHffiIT "A"
A 5-foot alley lying in Block B of Meeks and Andrews Addition to Boynton, as
recorded in Plat Book 5, Page 84, of the Public Records of Palm Beach County,
Florida, being more particularly described as follows:
A 5-foot wide alley running which runs west from N. Railroad Avenue between
NE 10th Avenue and NE 11th Avenue in said Block B.
S:ICAIOrdlnanceslAbandonrrentslAbandon -5 Ft ROW NE 10th and NE 11th.doc
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'BOYNTON bELRAY ACADEMY
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach,
lorida, a municipal corporation, under the laws of the State of Florida, does hereby abandon
5-foot wide alley, which runs west of N. Railroad Avenue located between N.E. 10th
venue and N.E. 11 th Avenue, and more particularly described in the attached Exhibit "A".
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
each, Florida, have hereunto set their hands and affixed the seal of the City this ~O
ayof January, 2004.
CITY ~CH. FLORIDA
Bressner, City Manager
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
anet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach,
lorida, known to me to be the persons described in and who executed the foregoing
nstrument, and acknowledged the execution thereof to be their free hand and deed as
uch officers, for the uses and purposes mentioned therein; that they affixed thereto the
fficial seal of said corporation; and that said instrument is the act and deed of said
WITNESS my hand and official seal in the said State and County this ~ day of
anuary, 2004.
A,j,'{U4L 11-( " lu Il.tt.,
NOTARY PUBLIC, State of Florida
My Commission Expires:
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$'\t1J.Y ~ \, ou loIClIa M. Madden
f. . i Cmnmfqfoa # 00125274
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S:ICAIOrdinanceslAbandonmenlslAbandon -5 FI ROW HE 10th and HE lllh,doc:
EXIDBIT "A"
A 5-foot alley lying in Block B of Meeks and Andrews Addition to Boynton, as
recorded in Plat Book 5, Page 84, of the Public Records of Palm Beach County,
Florida, being more particularly described as follows:
A 5-foot wide alley running which runs west from N. Railroad Avenue between
NE 10th Avenue and NE 11 th Avenue in said Block 8.
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
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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February 2, 2004
www.boynton-beach.org
Mr. Marty Madura
1911 NW 15 Street
Pompano Beach, FL 33069
Re:
For:
File No.
Location:
Dear Mr. Madura:
Abandonment
Boynton Delray Academy
ABAN 03-012
NW Corner of Martin Luther King Blvd. and Railroad Avenue
Enclosed is the City of Boynton Beach Development Order for application item ABAN 03-012, which
represents approval of a request for abandonment of a segment of a five (5)-foot east/west alley (right-
of-way) extending from Railroad Avenue.
The City Commission approved this abandonment on January 20, 2004.
Please note the subject ordinance will be held from recording until the Conditions of Approval
are satisfied. Those conditions include providing an easement document acceptable to the
City, and a title opinion confirming public status.
Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-
6260.
Sincerely,
~~
Michael W. Rumpf
Director of Planning & Zoning
MWR:ad
Attachment: Development Order
Conditions of Approval
S:\Planning\SHARED\WP\PROJECTS\Boynton Delray Academy\ABAN\ABAN 03-012 Approval form letter after CC new-
Abandonment.doc
DEVELOPME~ ORDER OF THE CITY COMMIS~N OF THE
C~ OF BOYNTON BEACH, FLORID-. &
Uev
'P~%.
21J~
Boynton Delray Academy &c."*?wt:..
Mr. Marty Madura with Advanced Modular Structures, Incorporated
PROJECT NAME:
APPLICANT'S AGENT:
APPLICANT'S ADDRESS: 1911 Northwest 15th Street Pompano Beach, FL 33069
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 16, 2003
TYPE OF RELIEF SOUGHT: Abandon a five (5)-foot wide alley between the north and south parcels
LOCATION OF PROPERTY: The northwest corner of Martin Luther King Jr., Boulevard and Railroad
Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MA ITER 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 Community Redevelopment Agency 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
the requirements of the City's Land Development Regulations.
~ Wi
2.
The Applicant
x.. HAS
HAS NOT
OEPARTMENT F DEVE
established by substantial competent evidence a basis for the re Ie . LOPMENl
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
X 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.
DATED:
7. Other
S:\Plannlng\SHARED\WP\PROJECTS\Boynton Delray Academy\A8AN\DO.doc
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EXHIBIT '.-B. . _
-BOYNTON DELRA Y ACADEMY
(
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach,
lorida, a municipal corporation, under the laws of the State of Florida, does hereby abandon
5-foot wide alley, which runs west of N. Railroad Avenue located between N.E.. 10th
venue and N.E. 11 th Avenue, and more particularly described in the attached Exhibit "A".
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
each, Florida, have hereunto set their hands and affixed the seal of the City this _
CITY OF BOYNTON BEACH, FLORIDA
Kurt Bressner, City Manager
TATE OF FLORIDA )
)ss:
OUNTYOFPALMBEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
anet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach,
lorida, known to me to be the persons described in and who executed the foregoing
trument, and acknowledged the execution thereof to be their free hand and deed as
uch officers, for the uses and purposes mentioned therein; that they affixed thereto the
fficial seal of said corporation; and that said instrument is the act and deed of said
WITNESS my hand and official seal in the said State and County this _ day of
anuary, 2004.
NOTARY PUBLIC, State of Florida
My Commission Expires:
S:\CAlOrdinances\AbandonmenlslAbandon -5 Ft ROW NE 10th and NE llth.doc
..
EXHIBIT "A"
A 5-foot alley lying in Block B of Meeks and Andrews Addition to Boynton, as
recorded in Plat Book 5, Page 84, of the Public Records of Palm Beach County,
Florida, being more particularly described as follows:
A 5-foot wide alley running which runs west from N. Railroad A venue between
NE 10th Avenue andNE 11th Avenue in said BlockB.
"
DEVELOPMENT DEPARTMENT
. riLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03-288
r,
TO:
Chairman and Members
Community Redevelopment Agency Board
Michael W. Rumpf
Planning and Zoning Director
ErIc Lee Johnson, AICP ~
PlaMer U
December I, 2003
mRU:
FROM:
DATE:
SUBJECT:
Boynton Delray Academy (ABAN 03-012).
Abandonment of a five (5) foot wide right-of-way (alley)
HA11JRE OF REQUEST
Mr. Marty Madura, agent for the applicant Is requesting to abandon the 5-foot wide alley located between the north
and south parcels of the project known as Boynton Delray Academy (COUS 03-008). This request to abandon the
alley was submitted on October IS, 2003. It Is desaibed as follows:
A portion of the South 5 feet, less the F.E.C. Railway, MEEKS AND ANDREWS ADDmON TO
BOYNTON, according to the Plat thereof; as recorded In Plat Book 5, Page 84 of the Public Records
of PALM BEACH COUNlY, FLORIDA, being more particulariy described as follows:
Commendng at the Southwest comer of the East 300 feet of Block "B"; thence East, along the South line of
Block 1\B", a dIstance of 116.50 feet to the POINT OF BEGINNING; thence East 116.90 feet to a point of
Intersection of the Westeriy right-Of-way line of Railroad Avenue; thence South 07047'02" West, along the
said Westerly right-of-way line, a distance of 5.05 feet; thence West, along the Southerly line of said MEEKS
AND ANDREWS ADDmON.TO BOYNTON, a distance of 116.49 feet to a point, th~ce North 03009'23" East,
a dIstance of 5.01 feet to the POINT OF BEGINNING. .
Said lands containing 583.481 square feet 10.0134 acres :f: (more or less).
The location map attached as exhibit "A" shows the general v1dnlty of the alley and the subject property. The
attached ExhIbit "B"- shows the precise limits of the existing utility easement to be abandoned.
, The following Is a description of the zoning dlsbicts and land uses of the properties that surround the subject
request. ,
North:
Right-Of-way for Northeast 11th Avenue, then farther north Is vacant residential property.
zoned R-2; .
Right-of-way for Northeast 10th Avenue, then farther south Is developed commercial
' property (King's Cafe) zoned C-2;
South :
East:
Right-of-way for Railroad Avenue, then farther east Is right-of-way for the Rorlda East
Coast Railroad; and
Vacant commercial and residential properties zoned C-2 and R-2.
West:
Page 2
Memorandum No. PZ 03-288
ABAN 03-012
t
BACKGROUND
The two (2) parcels that comprise the Boynton Delray Academy project surround the subject alley on both of Its
sides (north and south). The proposed project (COUS 03-008) consists of a charter school and related site
Improvements. As proposed, Improvement of the lots would require the successflil abandonment of the alley that
dissects the middle of the property In an east / west direction.
ANALYSIS
When a right-of-way, such as this alley, Is abandoned, the ownership of the abandoned land Is transferred from the
Oty of Boynton Beach to the abutting propertY owner(s). Typically, two (2) or more property owners would be
affected by the abandonment This Is because the right-of-way Is dMded In half; each half conveyed to the
abutting property owners. Pursuant to Chapter 22, ArtIde fiI, SecUon 4, public notice was given to the property
owners that abut the alley to be abandoned, all utility companies have been notified and the request has been
advertised In the newspaper. In this case, the Boynton Defray Academy Is the sole property owner of both lots
(north and south) that abut the subject alley. Obviously then, the Oty has not received any letters of objection
from the abutting owners. However, a summary of the responses from the utility companies and dty staff Is noted
as follows:
CllY OEPARTMENTS/DMSIONS
Engineering
Public Works/Utilities
Planning and Zoning
No objection
No objection
Approval with conditions (see Exhibit "C" - Conditions of
Approval) ,
PUBUC UTIlITY COMPANIES
Rorida Power. and Ught
Bell South
Florida Public Utilities Company
Cable Company (Adelphla)
No objection
No response (see exhibit "C" - Conditions of Approval)
No response (see exhibit "C" - Conditions of Approval)
No objection
The engineering DMslon of Public Works has preliminarily reviewed and approved this request for abandonment
No utilities have been found within this right-Of-way. However, any Issues thatarlse In tI:1e future would typically be
addressed during the time of platting. As of the date of this report, no response has been received yet from Bell
SOuth or the Rorlda Public UtIlities Company.
RECOMMENDAnON
Staff Is recommending approval of this request to abandon the 5-foot wide alley given the lack of public necessity as
determined by staff, contingent upon satisfying all comments In the conditions of- approVQI. Anyacldltlonai
mndltions required by the Community Redevelopment Agency and lor the Oty Commission wilt be placed In Exhibit
~ - COnditions of Approval.
xc: Central Rle
~Wf'lPRO.lECTlN3o Delray~Report.doc
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.BOYNTON bELRA Y ACADEMY
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SKETCH OF LEGAL
LEGEND:
P.O.C.. .. POINT OF COMMENCEMENT
P.O.B; = POINT OF BEGINNING
.R/W .. RIGHT-Of-WAY
GRAPHIC SCALE
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( IN I'IB'1' )
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BLOCK -B-
WEST 116.50'
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PORllON OF 1HE
EAST '>>1 OF BLOO< -r
MEEKS AND ANDREWS AOOIl1ON
TO BOYNTON
.o.s5P.B. 5, PG. 84)
EAST 116.90'
SR/W
PER
(PA 5. PO.. M)
WEST 116.49
ASSlIMED . BEARING
BASIS
PLAT UMI
PR.QPOSEO
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(P.B. 1. PG. 123. P.B.C.R.)
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CERTlACA TE:
I HEREBYCERlFY tHAT 1HE ATTAOIm SI<E1ai OF lEGAL OF 1HE '
~~~,iWoIv~'Q'
. "' 10-14-03
. ~
PAUl A. OA
P.LS. 14531
STA 1E bF' FlORIOA.
~'s NOTES:
1. ~ IIEMINCS OR NlClES SHO\1N HEREON ME. BASED ON lIiE
IlB:cIAo PlAT UNLESS' 01HER'MSE NOTED.
2. 1IIS SlJR'JEY IS NOT VH.JD 1l11HOUT 1HE SUR~ SlGNAlURE
ND EYIOSsm SEAL .
DA VIS &PURMORT, INC.
. LB 10007219
Land Surveyors · Land Devel9pment. Consultants . Planners
&43 SOUTHE:AST 8th AVENUE- DEERFlElD BEACH. FL 33+f.1
Phone: (954) 421-9101 _ (954) 698-9101 fax: (954)698-9722
ubcUvlalons &: CondomInIums Land &: St~e PlannIng
.. ... ..... ~ .AInage ... · TopographIo SlIMIrI. Recanl PIaII. CcIncbIlln/um PIala. CoaIbacIoIl ...
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03-119'7
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-LEGAL DESCRIPTION:
THE - FOLLOWING DESCRIBED PARCEL OF LAND IS FOR A
VACATION OF RIGHT-OF-WAY, A PORTION OF THE SOUTH
5' FEET, LESS THE F.E.C. RAILWAY, MEEKS AND ANDREWS
ADDITION TO BOYNTON, ACCORDING TO THE PLAT THEREOF;
AS RECORDED IN PLAT BOOK 5,- PAGE 84 OF THE- PUBLIC
RECORDS' OF PALM SEACH COUNTY, FLORIDA, SEING MORE
PARTICULARLY DESCRIBED' AS FOllOWS:
COMMENCING AT THE SOUTHWEST 90RNER qF THE EAST
300' FEET OF BLOCK "S"; THENCE EAST, ALONG THE
SOutH LINE OF BLOCK "B", A DISTANCE OF 116.50' FEET
TO THE POINT OF B.EGINNING; THENCE EAST 116.90' FEET
TO A POINT OF INTERSECTION OF THE WESTERLY
. RIGHT-OF - WA Y LINE OF RAILROAD A VENUE; THENCE'
S07.47'OZ"W, ALONG THE SAID WESTERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 5:05' FEET; THENCE WEST, ALONG
THE SOUTHERLY LINE OF SAID MEEKS AND ADDITION TO
BOYNTON,' A DISTANCE OF 116.49' FEET TO A POINT;
THENCE N03-09'23"E, A DISTANCE OF 5.01' FEET TO THE
POINT OF BEGINNING._ _
SAID LANDS CONTAINING _583.481 SQUARE FEET/O.0134 _
ACRES MORE OR LESS.
Land ~eyOrs · Land D~=~t -Consultants _ Plauners'
a.t3 SOUlHE'AsT 8th AVENUE- DEERAELD BEACH. FL 33-4-41
Phone: (9~) 421-9101 . at (954) 698-9101 tCllC (9tS4)698-9722
N.LR.
10-14-03
03-1197
MIA
EXHIBIT" e" .
Conditions of Approval
~
Project name: Boynton Delray Academy
File number: ABAN 03-012 Application received October 15. 2003.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DMSION
Comments: None X
BUlLDINGDMSION
Comments: None X
PARKS AND RECREATION
Comments: None X
- FORESTERlENVIRONMENTALIST
Comments: None X
...
PLANNING AND ZONING
Comments:
1. Approval of this abandonment request is contingent upon the approval of X
Bellsouth and the Florida Public Utilities COU4f....J.J.
~
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
2. Obtain a title opinion (ownership and encumbrance report) from a title X
company that reflects public ownership.
PRIVATE UTILITIES
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
3. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
4. To be determined.
S:\PIannlnglSHAREO\WPlPROJECTS\Boynton Defray Academy\A8AN\COAdoc