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
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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
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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