LEGAL APPROVAL
The City of Boyhton 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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www.boynton-beach.org
September 22, 2003
Mr Jeffrey T. Schnars
Schnars Engineering Corp.
951 Broken Sound Parkway, Suite 108
Boca Raton, FL 33487
Re:
For:
File No.
Location:
Dear Mr. Schnars:
Abandonment
Schnars Business Center
ABAN 03-003
924 North Federal Highway
Enclosed is the City of Boynton Beach Ordinance No. 03-007, which represents approval of a request for
abandonment of the 20-foot alley lying between Lot 20 and Lot 21 through 23, in Block 4, Lake Addition
to Boynton, and the replacement with a utility easement. The City Commission approved this
abandonment on April 1, 2003.
Please note the requirement for a recorded easement document acceptable to the City.
Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-
6260.
Sincerely,
-- ,~
1-"-{~0-
Michael W. Rumpf
Director of Planning & Zoning
MWR:ad
Attachment:
Ordinance No. 03-007
5:\Planning\5HARED\WP\PROJECT5\Schnars Business Ctr\ABAN 02-003\Approval form letter after CC new-Abandonment.doc
'i Office of the City Cterl
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i I City of Boynton Bp
I p, O. Box 310
-:"'/'1ton Beach, Florida
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ORDINANCE NO. 003 - C L' 1 r~
I Sf?, . 2003 :
AN ORDINANCE OF THE CITY OF BOYNTO J -, v C.UUj "
BEACH. FLORIDA, AUTHOR ~PA~
ABANDONMENT OF A PORTION OF A 20 FO RTMENT OF DEVELOP;,
WIDE ALLEY, LOCATED BETWEEN N.E. 8TH
A VENUE AND N.E. 9TH A VEN1.JE, , WHICH Wll..L
BE CONVERTED TO A UTlllTY EASEMENT
EQUIV ALENT IN WIDTH TO THE EXISTING
ALLEY, MORE PARTICULARLY DESCRIBED
HEREIN, SUBJECT TO THE CONDITIONS OF
APPROVAL ATTACHED AS EXHIBIT "A";
AUTHORIZING THE CITY MANAGER TO
EXECUTE A DISCLAIMER FOR THIS
ABANDONMENT, WHICH DISClAIMER SHALL
BE RECORDED IN THE PUBUC RECORDS OF
PALM BEACH COUNTY, FLORIDA; AND
PROVIDING AN EFFECTIVE DATE.
33425
WHEREAS, the applicant and contract purchaser, Jeffrey T. Schnars, is
requesting the abandonment of a portion of a 20 foot wide alley, which will be converted
to a utility easement equivalent in width to the existing alley, located between N.E. 8th
Avenue and N.E. 9th Avenue, subject also to the Conditions of Approval attached hereto
as Exhibit "A"; 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, the Community Redevelopment Agency, 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 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 portion of a 20 foot wide alley, which will be converted to a utility
easement equivalent in width to the existing alley, located between N.E. 8th Avenue and
N.E. 9th Avenue, and subject to the Conditions of Approval attached hereto as Exhibit
"A", more particularly described as follows:
A portion of that certain 20-foot alley lying between Lots 21. 22, 23 and
lot 20 in Block 4, Lake Addition to Boynton, according to the plat thereof
as recorded in Plat Book II, Page 71 of the Public Records of Palm Beach
I S:ICA\C<dInanceslAll.ndon.-.lS\ScMaIS AllandonllW1l, dOC
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County, Florida.
Section 3. 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 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this JL day of MA~
,2003
SECOND, FINAL READING AND PASSAGE THIS ~day of
~,2003.
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(/
Commissioner
A TIEST:
S:ICAIO.onanc..IAIlMdo,,,_m\ScMa!l AIlandOnment.dOC
EXHIBIT " A "
Conditions of Approval
Project name: Schnars Business Center
File number: ABAN 02-003
,
i
DEP ARTMENTS INCLUDE REJECT
,
,
I
PUBLIC WORKS- General
:
Comments: None X ,
I
PUBLIC WORKS- Traffic ~
i
Comments: i
I
l. The proposed replacement easement shall be no less in width than the X
existing alley. Per the proposed site plan the twenty (20) foot alley shall
be replaced with a twenty (20) foot utility easement
2. No strUctures shall be constructed or landscaping placed within the utility X
easement without express written consent of all legal entities occupying
said easement
UTILITIES
I
Comments: None X
FIRE
Comments: None X
POLICE I
Comments: None X
ENGINEERING DIVISION ,
Comments: None X
BUILDING DIVISION
Comments: None X !
,
PARKS AND RECREATION
~
Comments: None X
I
FORESTERlENVlRONMENT ALIST
,
X i
Comments: None
Conditions of Approval
2
DEP ARTMENTS rNCLUDE REJECT
PLANNING AJ.'iD ZONING
Comments: None X
PRIV A TE UTILITIES
Comments:
3. Adelphia will move all facilities to the new easement contingent upon the X
removal of FPL facilities.
4. Any and all costs resulting in the relocation or removal of Adelphia X
facilities due to said abandonment will be bome by the customer and/or _
property owner and/or requesting party.
5. Florida Power & Light has no objection to the abandonment contingent X
upon the following conditions:
a) FPL acquiring all additional easements for any and all existing or
proposed FPL facilities necessary to service any and all existing
and proposed future construction requiring electrical service at
the abandoned site. This includes but is not limited to ten (10)
foot easements adjacent to both sides of all major thoroughfares.
b) All easements where FPL facilities exist are not considered
abandoned until said facilities are de-energized, relocated and lor
removed.
c) Any and all cost resulting in the relocation or removal of FPL
facilities due to said abandonment are paid by the customer
and/or requesting party.
ADDmONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDmONS
I
:
Comments:
-
1. None X
I
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
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DISCLAIMER
,I
I
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 a portion of a 20 foot wide alley, which will be converted to a utility
easement equivalent in width to the existing alley, located between N.E. 8th A venue
and N.E. 9th Avenue, subject to Conditions of Approval, and more particularly
described as follows:
A portion of that certain 20-foot alley lying between Lots 21, 22, 23 and
lot 20 in Block 4, Lake Addition to Boynton, according to the plat thereof
as recorded in Plat Book II, Page 71 of the Public Records of Palm Beach
County, Florida.
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 April, 2003.
B,,:~
~F BOYNTON BEACH, FLORIDA
~
Kurt Bressner, City Manager
STATE OF FLORIDA
)
)ss:
COUNTYOFPALMBEACH )
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, 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.
:\CAIOrdinanceslAbandonmentslScnnalS Abandonment.doc
6.1,,-,1\..11 \ ... ~ ... '- ..,
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Dorothy H. Wllken, Clerk
WITNESS my hand and official seal in the said State and County this :5 r/. day
of April, 2003.
:5:vv?drl ~:!J
NOT AR Y PUBUC, State of Florida
My Commission Expires:
SUSAN COlUNS
MY COMMISSION. CC 913630
EXPIRES: FebruIIy 24, 2004
IlOIllIIol TllrIl NolIIy ""* u...........
S:\CAlOl'llinances\Abandonrrents\ScllnlltS Abandonment.doc