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LEGAL APPROVAL . II II II' 1111' I '11 '1'1 ;'11 'I ill' 'II The City of Bovnton Beach ((( \- City Clerk's Office 100 E BOYNfON BEACH BLVD BOYNfON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@cLboynton-beach.fl.us www.boynton-beach.org CF.~I ::' ~ ~ ~\I ~ ",1.1 .:.: '3 OF: 1111 l ;"'0;, F ,: ._:itl4 REGiJH,ll: :.U:: l/ .!U.14 :-L n, 45 Pa..m llE~.1: it GUln":j'. ;' 1. Ill" Ld,l D01'Jt.:kr ~ ~~_l!':el\, ::L.:T~. cd: Cc'ur"_ Pgll .. .1/1.1 :.::'13.:' l'!F!JEd o ><: \ :. -,-: ..)n.i . :" - --) CERTIFICATION I'; "7l ,-'1 ~> ....} ".-" I, JANET M. PRAINITO, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that Ordinance No. 04-064, consisting of nine (9) pages total, is a true and correct copy as it appears in the records of the City of Boynton Beach, Florida. WITNESS" my hand and the corporate seal of the CJ[TY OF BOYNTON BEACH, FLORIDA, dated this 26th day of October 2004. rl . t 11. O;C/J'l; ,; S:\CC\WP\certifications\certification . lP . sailfish.doc America's Gateway to the Gulfstream 1 If 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. 04- 06Lf AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A PORTION OF AN UNIMPROVED 50 FOOT WIDE ROAD RIGHT- OF- WAY FOR NW 8 TH AVENUE; (ABAN 03- 011), SUBJECT TO STAFF COMMENTS; 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 is requesting abandonment of a portion of an unimproved, 50 foot wide road right-of-way for NW 8th Avenue, adjacent to Lots 154 and 155, Blocks C and D, BOYNTON HILLS subdivision, subj ect 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 the City Commission on the proposed abandonment; and WHEREAS, staff has determined that the roadway provides no public service; and 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 an unimproved, 50 foot wide road right-of-way for NW 8th Avenue, adjacent to Lots 154 and 155, Blocks C and D, Boynton Hills subdivision, subject to staff comments, and more particularly described in the attached Exhibit "A." A location map is attached hereto as Exhibit "B." Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 5. This Ordinance shall take effect immediately upon passage. C:\Documents and Selllngs\bramwelll\Local Settings\Terrporary Internet F,les\OLKEC\Abandonemenl- NW 6th Avenue.doc 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 FIRST READING this 3 day of ~ g U ~ t , 2004. SECOND, FINAL READING AND PASSAGE THIS ,q day of OeTo beiIL ,2004. CITY OF BOYNTON BEACH, FLORIDA C -- .. -.--- ~ '.... '~~.;',,~"~ C:\Documenls and Settmgs\bramwelll\local Seltings\Temporary Internet Files\OLKEC\Abandonement. NW 8th Allenue.doc 1 DISCLAIMER 2 3 KNOW ALL MEN BY THESE PRESENTS that the City of Boynton 4 Beach, Florida, a municipal corporation, under the laws of the State of Florida, does 5 hereby abandon a portion of an unimproved, 50 foot wide road right-of-way for NW 6 sth Avenue, adjacent to Lots 154 and 155, Block C, Boynton Hills subdivision, 7 subject to staff comments, and more particularly described in the attached Exhibit 8 HA". 9 10 IN WITNESS WHEREOF, the duly authorized officers of the City of 11 Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the 12 City this _ day of September, 2004. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito City Clerk Kurt Bressner, City Manager ST ATE 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, 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. WITNESS my hand and official seal in the said State and County this _ day of September, 2004. NOTARY PUBLIC, State of Florida My Commission Expires: C:\Oocurrenls and Seltlngs\bramwelll\local Selllngs\Tempol'ary Internet Files\OLKEC\Abandonement - NW 8th Avenue.doc 1 2 3 4 5 6 7 EXHIBIT "A" 8 9 A parcel of land, being a portion of the road right-of-way for NW 8th Avenue (formerly known 10 as Princeton Orive), lying north of Lots 154 and 155, Block "C", BOYNTON HILLS, according 11 to the plat thereof as recorded in Plat Book 4, Page 51, of the Public Records of Palm Beach 12 County, Florida, being more particularly described as follows: 13 14 BEGINNING at the Northwest corner of said Lot 154, Block "C"; thence run easterly along the 15 north line of said Lot 154, Block "C" (and the south right-of-way line of NW 8th Avenue), a 16 distance of 100.26 feet to a point on a curve concave to the southwest with a central angle of 17 126026' 45" and a radius of 10.00 feet; thence southeasterly, southerly and southwesterly 16 along the arc of the curve an arc length of 22.07 feet to a point on the easterly line of said Lot 19 154, Block "C"; thence northeasterly along the projection of the easterly line of said Lot 154, 20 Block "C", a distance of 19.82 feet to a point; thence northerly forming an included angle of 21 143033' 15" clockwise from the preceding course, a distance of 50.00 feet to a point; thence 22 northwesterly along a line which is the southeasterly extension of the east line of Lot 154, 23 Block "0", forming an included angle of 1430 33' 15" clockwise from the preceding course, a 24 distance of 19.82 feet to a point on a curve concave to the northwest with a central angle of 25 1260 26' 45" and a radius of 10.00 feet; thence southerly, southwesterly and westerly along 26 the arc of the curve an arc length of 22.07 feet to a point on the south line of said Lot 154, 27 Block "0" (and the north right-of-way line of NW 8th Avenue); thence westerly along the south 28 line of said Lot 154 and Lot 155. Block "0", a distance of 200.52 feet to a point on a curve 29 concave to northeast with a central angle of 1260 26' 45" and a radius of 10.00 feet; thence 30 northwesterly, northeriy and northeasterly along the arc of the curve an arc length of 22.07 31 feet to a point on the westerly line of said Lot 155, Block "0"; thence southwesterly along the 32 projection of the westerly line of said Lot 155, Block "0", a distance of 19.62 feet to a point; 33 thence southerly forming an included angle of 1430 33' 15" clockwise from the preceding 34 course, a distance of 50.00 feet to a point; thence southeasterly along a line which is the 35 northwesterly extension of the west line of Lot 155, Block "C", forming an included angle of 36 143033' 15" clockwise from the preceding course, a distance of 19.82 feet to a point on a 37 curve concave to the southeast with a central angle of 126026' 45" and a radius of 10.00 feet; 38 thence northerly. northeasterly and easterly along the arc of the curve an arc length of 22.07 39 feet to a point on the north line of said Lot 155, Block "c" (and the south right-of-way line of 40 NW 8th Avenue); thence easterly along the north line of said Lot 155, Block "C", a distance of 41 100.26 feet more or less to the POINT OF BEGINNING. 42 43 SUBJECT TO a 25-foot utility easement over the south 25 feet thereof (being the south one- 44 half of the original NW 8th Avenue right-of-way). 45 46 CONTAINING 0.284 acres. more or less. 47 48 49 C:\Documenls and Settings\bramwelll\local Settings\Temporary Internet Files\OLKEC\Abandonement. 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Nikolits, CF A Palm Beach County Property Appraiser Property Mapping System ~~1tL .~4_.l..~ ~~; ""i"~~; f.tr~ -,$" Owner Information peN: 08434521070031540 Name: HABITAT FOR HUMANITY OF Location: NW 8TH AYE Mailing: 100' UNTON AYE ST. 20310 DELRAY BEACH FL 33483 3336 2004 Preliminary Assessment Market Value: $9,5 Assessed Value: $9,5 Exempt Amnt: $ Taxable: $9,5 2004 Estimated Tax Ad Valorem: Non ad valorem: Total: Sales Information Sal~5.Di!_~ Pd~ Jiln-2004 3...-2004 _-2000 ]an-1972 Jan-1971 Palm Beach County Property Map Map Scale 1:2489 Legend D Pore" Bomdory I 0120 I Lot nunDer Copyright Palm Beach County 2003 All Rights Reserved. Subject to a License Agreement Map produced on 10/25/2004 from PAPA http://gisweb.co.palm-beach.fl.us/ipapagis/presentationlmappinglprintnew .asp?MAPURL... 10/25/2004 . Page 1 of 1 Gary R. Nikolits, CF A Palm Beach County Property Appraiser Property Mapping System Legend C=:J Pored Bo...dary I 0121 I lot nunt>... '. - :-:5~ '.:<1-" Owner Information PCN: 08434521070041530 Name: WAlERS JOHN. SAlllE P Location: NW 1ST 5T Mailing: 909 NW 1ST 5T BOYNTON BEACH FL 33435 3005 2004 Preliminary Assessment Market Value: $16,78 Assessed Value: $16,78 Exempt Amnt: Taxable: 2004 Estimated Tax Ad Valorem: $0. Non ad valorem: $0. Total: $0. Sales Information ~1!l1i1),<l.t!:l Apt"-1992 Feb-1987 Palm Beach County Property Map Map Scale 1:2489 Copyright Palm Beach County 2003 All Rights Reserved - Subject to a License Agreement. Map produced on 10/2512004 from PAPA http://gisweb.co.palm-beach.fl.us/ipapagis/presentationlmappinglprintnew .asp?MAPURL... 10/2512004 . Page 1 of 1 Gary R. Nikolits, CF A Palm Beach County Property Appraiser Property Mapping System ':.1;..-,~'::' ~ ,. ~A.-;...;'", ~bV';:""-#' Owner Information PCN: 08434521070041540 Name: WATERS JOHN A '''iALLIEL cation: 9D9 NW 1ST ST Mailing: 909 NW 1ST ST BOYNTON BEACH Fl 33435 3005 2004 Preliminary Assessment Market Value: $73,31 Assessed Value: $45,27 Exempt Amnt: $25, Taxable: $20,27 2004 Estimated Tax Ad Valorem: Non ad valorem: Total: Sales Information SalesP.i!te Dec-198S Palm Beach County Property Map Map Scale 1:2489 Legend D Pared Bomd8lY I 0121 I Lot nunb... Copyright Palm Beach County 2003 All Rights Reserved - Subject to a License Agreement. Map produced on 10/2512004 from PAPA http://gisweb.co.palm-beach.fl.us/ipapagis/presentation/mappinglprintnew .asp?MAPURI-... 10/25/2004 . Pagc 1 ofl Gary R. Nikolits, CF A Palm Beach County Property Appraiser Property Mapping System Legend c=:J Puce! Bomd"'Y ~ Lolnunb..- '- ~, I!#....~..:~ ,j.""J. <:. ~ ';>.i:.I::.~'fI< '.) -, Owner Information PCN: 08434521070031550 Name: ....BITAT FOR HUMANITY OF Location: NW 8TH AVE Mailing: 100 E UNTOH BLV STE 203.0 DELRAY BEACH FL 33483 333G 2004 Preliminary Assessment Market Value: $9,5 Assessed Value: $9,5 Exempt Amnt: Taxable: 2004 Estimated Tax Ad Valorem: Non ad valorem: Total: Sales Information saJll'tDi!.~ Price ~~~3 p, Jun.2002 Palm Beach County Property Map Map Scale 1 :2489 Copyright Palm Beach County 2003 All Rights Reserved. Subject to a License Agreement Map produced on 10/2512004 from PAPA http://gisweb.co.palm-beach.fl.us/ipapagis/presentationlmappinglprintnew.asp?MAPURI-... 10/25/2004 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 19, 2004 E. Review of Possible Changes to Compensation for the City Commission (November 16, 2004) F. Selection of Vice Mayor per Section 2-1.2 of City Code (November 16, 2004) G. Review of Amendments/Renewal to Towing Contract (no date) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 04-064 Re: Abandoning a portion of an unimproved 50-foot wide road right-of-way for NW 8th Avenue, adjacent to Lots 154 and 155, Block C, Boynton Hills Subdivision (NW 8th Avenue) (Tabled to 10/19/04 to allow for conditions of approval to be met) Motion Commissioner McCray moved to remove Ordinance No. 04-064 from the table. Motion seconded by Commissioner McKoy and unanimously carried. Attorney Ezrol read Proposed Ordinance No. 04-064 by title only. Mayor Taylor opened the public audience. Since no one wished to speak the public audience was closed. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-064. Motion seconded by Commissioner McCray City Clerk Prainito called the roll and the motion carried 5-0. 2. Proposed Ordinance No. 04-076 Re: Abandoning a portion of the Northeast Srd Avenue right-of-way extending westward from NE Srd Street to the west boundary of the Arden Park Plat (Janis Group) (Table to October 19, 2004 to allow conditIons of approval to be met) 21 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 19, 2004 Motion Commissioner McCray moved to remove Proposed Ordinance No. 04-076 from the table. Motion seconded by Vice Mayor Ferguson and unanimously carried. Attorney Ezrol read Proposed Ordinance No. 04-076 by title only. Mayor Taylor opened the public audience. Since no one wished to speak, the public audience was closed. Motion Commission McCray moved to approve Proposed Ordinance No. 04-076. Motion seconded by Vice Mayor Ferguson. City Clerk Prainito called the roll and the motion carried 5-0. 3 Proposed Ordinance No. 04-079 Re: Request to amend Chapter 2, Zoning, Section 6.C with the addition of supplemental regulations to include automobile rental as a conditional use on sites zoned C-3 and greater than 75 acres (Car Rental (CDRV 04-006) Attorney Ezrol read Proposed Ordinance No. 04-079 by title only. Mayor Taylor opened the public audience. Since no one wished to speak, the public audience was closed. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-079. Motion seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried 5-0. 4. Proposed Ordinance No. 04-080 Re: Request for annexation of 9.99 acres of partially developed parcels located in unincorporated Palm Beach County (Gulfstream Gardens (ANEX 04-003) (Request to Postpone until November 3, 2004) 5. Proposed Ordinance No. 04-081 Re: Request to amend the Comprehensive Plan Future Land Use map from Commercial High/5 (Palm Beach County), General Commercial and Local Retail Commercial (Boynton Beach) to Special High Density Residential (Gulfstream Gardens (LUAR 04-004) (Request to Postpone until November 3, 2004) 6. Proposed Ordinance No. 04-082 rezone from Commercial General (CG) 22 Re: Request to (Palm Beach County), C-4