LEGAL APPROVAL
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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
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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.
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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
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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
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1 In, = 154.0 feet
Coastal Bay Colony Exhibit A