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LEGAL APPROVAL >~' '. 'e- '~> -~ i , , \ , ( .:.... .. - ::: ee\.. ~~0 ()~ ~ '1"/0 h \:) 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 August 31, 2006 www.boynton-beach.org Mr. Carlos J. Balbe, P.A. 440 1 West Trade Winds A venue - Ste. 201 Lauderdale-by-the-Sea, FL 33308 Re: For: File No. Location: Dear Mr. Balbe: Coastal Bay Colony Abandonment ABAN 06-003 Southwest comer of SE 23rd A venue and Federal Highway In reviewing our files, we find that an Ordinance granted by the City Commission and signed by the City Clerk was not forwarded to you under an approval letter. Enclosed is the City of Boynton Beach Ordinance 06-061 for application item ABAN 06-003, which represents approval ofa request for abandonment ofa portion ofa ten-foot wide utility easement located across lots 14, 15, 16, 17, and 18 of the original Robinson's Addition plat. The City Commission approved this abandonment on July 18, 2006. Please note the Conditions of Approval, including the possible requirement for the dedication of an easement. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, luL Michael W. Rumpf Director of Planning & Zoning MWR:ad Attachment: Ord 06-06 I S:\Planning\SHARED\WP\PROJECTS\Southem Homes of Palm Beach\Coastal Bay Colony\ABAN 06-003\CC Approval LetteLdoc 1>I..r",! ~t2>~'}rT'" A/): I~....,;,~S~ S9~~-2'2'~r~ss~~ st2rr.ped enve:o')f?) 111m ~ 11111111I11I1111'~1111I1111111111I1 RII I\damss. 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 CFN 2011'604E.714~) OR BK 20715 PG 0989 RECORDED 08/10/2006 11:17:33 Palm Beach County, Florida Sharon R. Bock,CLERK & COKPTROLLER Pgs 0989 - 993; (Spgell ORDINANCE NO. 06- ObI (Lots 14, 15, 16, 17 and 18) AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A PORTION OF 10 FOOT WIDE UTILITY EASEMENT, LOCATED ON PROPERTY NEAR THE SOUTHWEST CORNER OF SOUTHEAST 23RD AVENUE AND FEDERAL HIGHWAY, 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, Southern Homes of Palm Beach, II, LLC, is requesting that the City abandon a 10 foot wide utility easement located across lots 14, 15, 16, 17, and 18 of the original Robinson's Addition plat, 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 finds that the utility easement no longer serves a public purpose, and the City Commission adopts that finding. NOW, THEREFORE, BE IT ORDAINED 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 10 foot wide utility easement located across lots 14, 15, 16, 17, and 18 ofthe original Robinson's Addition plat, subject to staff comments. The property being abandoned is more particularly described as follows: The South 10 foot of Lots 14, 15,16,17, and 18, Robinson addition, according to the plat thereof as recorded in Plat Book 23, Page 144, of the Public Records, Palm Beach County, Florida being more particularly described as follows: Beginning at Southwest comer of said lot 14; thence North 00055'37" West along the West line of said lot 14, a distance oflO.OO feet to a line being 10 foot North of and parallel with the South line of S:\CA dinances\Ab8ndonmenls\Robin~n's Addition.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 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 II said plat; thence North 89004'23" East along said parallel line, 268.00 feet to the East line of said lot 18; thence South 00055'37" East along said East line, 10.00 to the Southeast comer of said lot 18; thence South 89004'23" West along the South line of said plat, 268.00 feet to the point of beginning. Said lands lying in the City of Boynton Beach, Palm Beach County, Florida, containing 0.062 acre (2680.00 square feet) more or less. A location map is attached hereto as Exhibit "A." 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. 2006. FIRST READING this ~ day of~, 2006. SECOND, FINAL READING AND PASSAGE THIS ~day of ~, CITY OF BOYNTON BEACH, FLORIDA c- - ommissioner 11 ~~/~ ~~i:n" - ~"'~~ Commissioner ATTEST: S:\CA dinanceslAbandonmen\sIRobinson's Addition .doc II i' I DISCLAIMER 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 the 10 foot alley located between Northeast 5th Avenue and Northeast 6th A venue, extending approximately 150 feet west of Northeast 3rd Street, lying adjacent to Lots 68, 69 and 72-75, all in the Plat of Arden Park, subject to staff comments, and more particularly described as follows: That portion of a platted 10 foot wide alley shown on the Plat of Arden Park, according to the Plat thereof, recorded in Plat Book 2, Page 96 of the Public Records of Palm Beach County, Florida. Being bounded on the North by the South line of Lots 73, 74, 74A, and 75, bounded on the South by the North line of lots 68, 69 and 72, bounded on the West by the West limits of said Plat of Arden Park and on the east by the West Right- Of-Way line ofNE 3rd Street 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 '8 day of July ATTEST: 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 orporation. S:\CA\Ordi ces\Abandonments\Robinson's Addition.doc rI " ,v"- WITNESS my hand and official seal in the said State and County this ~ day of )" Q'l \./- , ' .. I. ,2006. !~'- \; Of,./ Notary Public Slale of Florida Carol A Mahoney My Commission 00460414 Expires 0611012009 S:ICAIOrdi eslAbandonmentslRobinson's Additlon.doc CtL'L>>t M/{ l(~_kh NOTARY PUBLIC, State OfFlOridaO My Commission Expires: