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LEGAL APPROVAL . ",'$-, /' r \ (, \ , i ) Q\ . ~ /,5) ,~~, / () N "Y The City of BoynhYn 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 September 13,2006 Mr. Carlos J. Balbe, P.A. 440 1 West Trade Winds Avenue - Ste. 201 Lauderdale-by-the-Sea, FL 33308 Re: For: File No. Location: Dear Mr. Balbe: Coastal Bay Colony Abandonment ABAN 06-002 Southwest comer ofSE 23rd Avenue 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 06-060 for application item ABAN 06-002, which represents approval of a request for abandonment of a portion of a ten-foot wide utility easement located on property near the southwest comer ofSE 23rd Avenue and Federal Highway. The City Commission approved this abandonment on July 18, 2006. 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:ad Attachment: Ord 06-060 S:\Planning\SHARED\WP\PROJECTS\Southem Homes of Palm Beach\Coastal Bay Colony\ABAN 06-002\Approval Letter.doc EXHIBIT "D" ~tions of Approval Project name: Coastal Bay Colony File number: ABAN 06-002 Reference' . DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Tramc Cormnents: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION CoImllcnts: None X FORESTElVENVIRONMENT ALIST . Comments: None X PLANNING AND ZONING Comments: 1. The applicant shall provi4e a letter of no objection &om Florida Publio X Utilities (FPU) prior to the ci~ recording the abandonment ordinance in the COW1ty records. ConditioDs of Approval 2 . DEPARTMEN'l'S INCLUDE RBJBCT ADDmONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDmONS Comments: 1. None X ADDmONAL CITY COMMISSION CONDmONS Comments: 1. To be determined. S:\PIaDnIIlJ\SHARIl.D\WP\PR01ECTS\SouChem HOID8I of PIIm 8eIch\CoMt8l Bay CeIony\ABAN O6-OO2\COA.doc Return to: (enclose self-addressed stamped envelope) I lIIl UI II ~~IUtn. ~III~. nmll Name Address: CFN 20060467143 OR BK 20715 PG 0982 RECORDED 08/10/2006 11:16:25 Palm Beach County, Florida Sharon R. Bock, CLERK & COKPTROLLER Pgs 0982 - 987; (6pgs) 1 ORDINANCE NO. 06- ObO 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT 5 OF A PORTION OF 10 FOOT WIDE UTILITY 6 EASEMENT, LOCATED ON PROPERTY NEAR THE 7 SOUTHWEST CORNER OF SOUTHEAST 23RD 8 AVENUE AND FEDERAL HIGHWAY, SUBJECT TO 9 STAFF COMMENTS; AUTHORIZING THE CITY 10 MANAGER TO EXECUTE A DISCLAIMER, WHICH 11 SHALL BE RECORDED WITH THIS ORDINANCE IN 12 THE PUBLIC RECORDS OF PALM BEACH COUNTY, 13 FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 14 15 16 WHEREAS, Southern Homes of Palm Beach, II, LLC, is requesting that the City 17 abandon a 10 foot wide utility easement located on the Coastal Bay Colony plat, subject to staff 18 comments; and 19 20 WHEREAS, comments have been solicited from the appropriate City Departments, and 21 public hearings have been held before the City's Community Redevelopment Agency, and the 22 City Commission on the proposed abandonment; and 23 24 WHEREAS, staff finds that the utility easement no longer serves a public purpose, and 25 the City Commission adopts that finding. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 29 30 Section 1. The foregoing Whereas clauses are true and correct and incorporated 31 herein by this reference. 32 33 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby 34 abandon a 10 foot wide utility easement located on the Coastal Bay Colony plat, subject to staff 35 comments, The property being abandoned is more particularly described as follows: 36 37 A portion of the SE one quarter (SE Yo), Section 33, Township 38 45 South. Range 43 East, City Of Boynton Beach, Palm Beach County, 39 Florida being more particularly described as follows: 40 41 Commence at a point being on a line 385.56 foot South of the North 42 line of the said Southeast one-quarter (SE Yo) as intersected with a 43 line being 33.00 west of parallel with the centerline of South 44 Federal Highway (US Highway No. I) as shown on the Florida Department 45 of Transportation right of way map, section 9301-205-93010-2501 State S:\CA inances\Abandanmenls\Coastal Bay Colony.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 45 46 11 Road No.5, sheet 3 of 10; thence South 04033'08" West along said parallel line, 100.00 feet to line being 485.10 foot South of and parallel with North line of the said Southeast one-quarter (SE Y4): thence South 89004'23" West along said parallel line, 295.00 feet to the point of beginning: thence continue South 89004'23" West along said parallel line, 55.00 feet to a line being 251.25 East of and parallel with the West line of the Northeast one-quarter (NE Y4), of the South east one quarter (SE V4), of said section 33: thence North 01030'00" west along said parallel line, 99.55 feet to line being 385.56 foot South of the North line of the southeast one-quarter (SE1I4) of said Section 33: Thence North 89004'23" East along said parallel line, 10.00 feet: thence South 01030'00" East 89.55 feet; thence North 89004'23" East, 45.10feet: thence South 00055'37" East, 10.00 feet to the point of beginning. Said lands lying in the city of Boynton Beach, Palm Beach County, Florida, containing 0.033 acre (1,445 .98 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. S:\C rdinanceslAbandonmentslCoastal Bay Colony.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 II FIRST READING this L day of Ju.l'f ,2006. SECOND, FINAL READING AND PASSAGE THIS ~day of Jc.dy 2006. CITY OF BOYNTON BEACH, FLORIDA kC-/- S:IC rdinanceslAbandonmentslCoastal Bay Colony.doc JmmlSSloner ... ~L. ComnllsslOner " DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a 10 foot wide utility easement located on the Coastal Bay Colony plat, subject to staff comments. The property being abandoned is more particularly described as follows: A portion of the SE one quarter (SE 14), Section 33, Township 45 South. Range 43 East, City Of Boynton Beach, Palm Beach County, Florida being more particularly described as follows: Commence at a point being on a line 385.56 foot South of the North line of the said Southeast one-quarter (SE 14) as intersected with a line being 33.00 west of parallel with the centerline of South Federal Highway (US Highway No.1) as shown on the Florida Department of Transportation right of way map, section 9301-205-93010-2501 State Road No.5, sheet 3 of 10; thence South 04033'08" West along said parallel line, 100.00 feet to line being 485.10 foot South of and parallel with North line of the said Southeast one-quarter (SE 14): thence South 89004'23" West along said parallel line, 295.00 feet to the point of beginning: thence continue South 89004'23" West along said parallel line, 55.00 feet to a line being 251.25 East of and parallel with the West line of the Northeast one-quarter (NE 14), of the South east one quarter (SE 14), of said section 33: thence North 01030'00" west along said parallel line, 99.55 feet to line being 385.56 foot South of the North line of the southeast one-quarter (SEl/4) of said Section 33: Thence North 89004'23" East along said parallel line, 10.00 feet: thence South 01030'00" East 89.55 feet; thence North 89004'23" East, 45.10feet: thence South 00055'37" East, 10.00 feet to the point of beginning. Said lands lying in the city of Boynton Beach, Palm Beach County, Florida, containing 0.033 acre (1,445 .98 square feet) more or less. S:ICAIOrdi ceslAbandonmentslCoastal Bay Colony.doc 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 ~,2006. r;;tTES~: , 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 l'~ 71-'day of , ~ ,2006. , I !"il' ~OIFo-I Notary Public State of Florida Carol A Mahoney My Commission D0460414 Expires 0811012009 ~ i ,W.Q. H ~/l\ClL vlUr ' NOTARY PUBLIC, State ofFl da My Commission Expires: S:\CAIOrdi ceslAbandonrrentslCoaslal Bay Colony.doc . 1 In, = 154.0 feet Coastal Bay Colony Exhibit A