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LEGAL APPROVAL The City of Boyn~ton 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 www.boynton-beach.org November 18, 2005 Ms. Jeanne Heavilin Salefish Realty, Inc. 915 S. Federal Highway Boynton Beach, FL 33435 Re: For: File No. Location: Dear Ms. Heavilin: 415 SE 5th Avenue Abandonment ABAN 05-002 415 SE 5th Avenue Enclosed is the City of Boynton Beach Ordinance No. 05-030 for the above-referenced request, which represents approval of a request for abandonment of a portion of Railroad Avenue, approximately 30 feet by 77 feet, immediately north of southeast 5th Avenue, west of Lot 11 Block B of Pence Subdivision and East of the Florida East Coast Railroad right-of-way. The City Commission approved this abandonment on July 19, 2005. 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, ~(). ~ Michael W. Rumpf Director of Planning & Zoning MWR/jdc Enclosure S:\Planning\SHARED\WP\PROJECTS\415 SE 5th Ave ABAN\Approvalletter.doc The City of Bovnton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (s61) 742-6060 FAX: (s61) 742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org CERTIFICATION I, JANET M. PRAINITO, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached copy of Ordinance 05-030, consisting of four (4) pages, 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 CITY OF BOYNTON BEACH, FLORIDA, dated this 19th day of July 2005. ~'m.P~ NET M. PRAINITO, CMC CITY CLERK S:\CC\ WP\certificatlons\Ordlnances\certifled Ordinance OS-030.doc America's Gateway to the Gulfttream 1 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. 05- o~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A PORTION OF RAILROAD AVENUE, APPROXIMATELY 30 FEET BY 77 FEET, IMMEDIATELY NORTH OF SOUTHEAST STH AVENUE, WEST OF LOT 11, BLOCK B OF PENCE SUBDIVISION AND EAST OF THE FLORIDA EAST COAST RAILROAD RIGHT-OF-WAY (ABAN 05-002), 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, Jeanne Heavilin of Salefish Realty, Inc., is requesting on behalf of James Ploen, the abandonment of a portion of Railroad Avenue, approximately 30 feet by 77 feet, immediately north of Southeast 5th Avenue, west of Lot 11, Block B of Pence Subdivision and east of the Florida East Coast Railroad Right-of-Way, 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 Community Redevelopment Agency, 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 ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are hue 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 Railroad Avenue, approximately 30 feet by 77 feet, immediately north 0 Southeast 5th A venue, west of Lot 11, Block B of Pence Subdivision and east of the Florida East Coast Railroad Right-of- Way, 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 4. This Ordinance shall take effect immediately upon passage. S:\CA\OrdinanceslAbaO<lOnmentsI415 SE 5th Avenue 05.oo:<.doc 1 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 FIRST READING this ~ day of ~ 2005. SECOND, FINAL READING AND PASSAGE THIS tq 2005. day of ~, CITY OF BOYNTON BEACH, FLORIDA ATTEST: S:\CA'.OrdinanceslAbandonments\415 SE 5th Avenue 05-OO2.doc ----- ~~ EXHmIT "A" A portion of Railroad Avenue as recorded by Pence Subdivision No.1 in Plat Book 1, Page 33, of the Public Records of Palm Beach County, Florida, said land to be abandoned are described as follows: That portion of Railroad Avenue described as bounded on the South by the North right-of-way line of S.E. Slh Avenue lying west of Lot 11, Block "B" of said Pence Subdivision, being bounded on the West by the East line of the Florida East Coast Railroad right-of-way, being bounded on the North by the North line of said Lot 11, Block "B" extended westward to the said Railroad right-of-way line, and being bounded on the East by the West line of said Lot 11, Block "B" as shown by the Plat of Pence Subdivision No.1, as recorded in Plat Book 1, Page 33, of the Public Records of Palm Bach County, Florida. Subject to a 30 foot utility easement. S:\CAlOrdinanceslAbandonments\415 SE 51h Avenue 05-OO2.doc DISCLAlMER 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 Railroad Avenue, approximately 30 feet by 77 feet, immediately north of Southeast 5th Avenue, west of Lot 11, Block B of Pence Subdivision and east of the Florida East Coast Railroad Right-of-Way, subject to staff comments, and more particularly described in the attached Exhibit "A". IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have here ....^~~ds and affixed the seal of the City this .Q r .I ""~;:!"''fI'l-$;~.. day of July, 2005. ,.~.;',~J.:~\ ~:~},::.i:.~ .:~"'. "~~. . , ATTEST: ; itY OF BOYNTON BEACH, FLORIDA 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, 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 ;f M day of July, 2005. NOTARY PUBUC.STATE OF FLORIDA ~ Judith A. Pyle Commission # DD421091 Expires: API. 21, 2009 Bonded TIlcu Atlandc Bondlna Co., IDe. './ S:\CAlOrdinanceslAbandonmentsl415 SE 5th Avenue 05-002.doc EXHIBIT "e" Conditions of Approval Project name: Abandonment of a portion of the 30-foot right-of-way of Railroad Avenue (adjacent to 415 SE 5th Avenue) File number: ABAN 05-002 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X PUBLIC UTILITY PROVIDERS Comments: Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I 1. Provision of a utility easement satisfactory to BellSouth and City Engineering. X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 2. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3. To be determined. S:\PlanningISHAREDIWP\PROJECTSI415 SE 5" Ave Aban IABAN 05-002ICOAdoc