LEGAL APPROVAL
TO:
FROM:
DATE:
RE:
CITY CLERK'S OFFICE
MEMORANDUM
Quintus Greene
Director of Development
Janet Prainito, City Cler~
July 14, 2003 U '
Recorded Abandonment - #003-021 - Boynton Ventures
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Attached please find a copy of the above mentioned abandonment ordinance that was
recorded in Palm Beach, County on July 7,2003 for your information and files.
C: Planning
Engineering
Utilities
Finance
Public Works
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07/07/2003 11:28:34 20030396144
OR BK 15483 PG 0375
Palm Beach County, Florida
ORDINANCE NO. 0 03 - O~ 1
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING
ABANDONMENT OF A PORTION OF A 20 FOOT
WIDE ALLEY, LOCATED BETWEEN S.
FEDERAL HIGHWAY AND S.E. 4TH STREET
,
SUBJECT TO ST AFF COMMENTS; MORE
PARTICULARLY DESCRIBED HEREIN;
AUTHORIZING EXECUTION OF A DISCLAIMER
FOR THIS ABANDONMENT, WHICH
DISCLAIMER SHALL BE RECORDED IN THE
PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the applicant and agent for Boynton Ventures, 1 LLC, Nancy C.
Graham, is requesting the abandonment of a portion of a 20 foot wide alley, located
between S. Federal Highway and S.E. 4th Street, 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 Planning and
Development Board, the Community Redevelopment Agency, and the City Commission
on the proposed abandonment;
NOW, THEREFORE, BE IT RESOLVED 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 portion of a 20 foot wide alley, located between S. Federal Highway
and S.E. 4th Street, subject to staff comments, and more particularly described as follows:
A portion of that certain 20-foot alley adjacent to Los I through 4 and Lots
11 through 14, together with the north half of said alley lying south of and
adjacent to Lot 5, ail in Block i, ORIGn~AL TO\Vl-i OF BO'Yl'-iTON,
according to the plat thereof as recorded in Plat Book l, Page 23 of the
Public Records of Palm Beach County, Florida.
II
Section 3. The City Manager is hereby authorized and directed to execute and
deliver the attached Disclaimer and cause the same to be filed in the Public Records of
Palm Beach County, Florida.
leA lOrd, nanceslA03MOnmenlslArcnes AOaMonmenl, dOC
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Section 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this ~ day of Ju.r\~ ,2003
SECOND, FINAL READING AND PASSAGE THIS LLdayof
:)(..{..N2,. ,2003.
Comm .
:leA IOrdlnanceslAbandonmentslArcnes Abandonment.doc
Rerum 10 ,enClose self-aadressed stamped envelope)
I111111111111111111111
Name
Address:
17/17/2003 11:28:34 20030396145
OR BK 15483 PG 0378
Palm Beach County, Florida
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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 a bandon a portion 0 fa 20 foot w ide alley, subject to staff comments, and
more particularly described as follows:
A portion of that certain 20-foot alley lying between Lots 21, 22, 23 and
lot 20 in Block 4, Lake Addition to Boynton, according to the plat thereof
as recorded in Plat Book II, Page 71 of the Public Records of Palm Beach
County, Florida.
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 .L1-
day of June, 2003.
ATTEST:
:U~ BEACH, FLORIDA
Kurt Bressner, City Manager
)
)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.
leA IOrolnanceslAbanoonmentslArcnes Abandonment. doc
ouuK l5483 PAGE 0379
Dorothy H. WIlken, Clerk
- K
WITNESS my hand and official seal in the said State and County this ~day
of June, 2003.
-ti-"",kcu_-te .)..., nl.li. ~J:.,J,..<-~-
NOTARY PUBLIC, State of Florida
My Commission Expires:
",~'1/1", B~rbara M Madd,n,
..".J;'Jo...... "'it "," . .......
;'..~:.&..-....~-=:. Com:nlssion # DD125274
: ,~! }",: Expires July 1.9, 2006
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:leA IOroinanceslAOandonmentslArcnes AOanoonment,dOC
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beaeh Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
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July 23, 2003
www.boynton-beach.org
Ms. Nancy C. Graham
Urban Principles, LLC
319 Clematis Street - Suite 512
West Palm Beach, FL 33401
Re:
For:
File No
Location:
Dear Ms. Graham:
The Arches of Boynton Beach
Abandonment
ABAN 03-002
South Federal Highway and S.E. 4th Street
Enclosed is the City of Boynton Beach Ordinance No. 030-021 for item #ABAN 03-002, which represents
approval to abandon a portion of that certain 20 foot wide alley lying adjacent to Lots 1 through 4 and
Lots 11 through 14, together with the north half of said alley lying south of and adjacent to Lot 5, all in
Block 7, ORIGINAL TOWN OF BOYNTON, for The Arches of Boynton Beach. Please recall the Conditions
of Approval to be met prior to the continuation of this project.
Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-
6260.
Sincerely,
Jz-( /C-
Michael W. Rumpf
Director of Planning & Zoning
MWR:ad
Attachment: Ordinance No. 030-021
Conditions of Approval
S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\ABAN\Approval form letter after CC new.doc
ORDINANCE NO. 003-0.a.l
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING
ABANDONMENT 0 F A PORTION 0 F A 20 FOOT
WIDE ALLEY, LOCATED BETWEEN. S.
FEDERAL HIGHWAY AND S.E. 4TH STREET,
SUBJECT TO STAFF COMMENTS; MORE
PARTICULARLY DESCRIBED HEREIN;
AUTHORIZING EXECUTION OF A DISCLAIMER
FOR THIS ABANDONMENT, WHICH
DISCLAIMER SHALL BE RECORDED IN THE
PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the applicant and agent for Boynton Ventures, 1 LLC, Nancy C.
Graham, is requesting the abandonment of a portion of a 20 foot wide alley, located
between S. Federal Highway and S.E. 4th Street, 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 Planning and
Development Board, the Community Redevelopment Agency, and the City Commission
on the proposed abandonment;
NOW, THEREFORE, BE IT RESOLVED 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 portion of a 20 foot wide alley, located between S. Federal Highway
and S.E. 4th Street, subject to staff comments, and more particularly described as follows:
A portion of that certain 20-foot alley adjacent to Los 1 through 4 and Lots
11 through 14, together with the north half of said alley lying south of and
adjacent to Lot 5, all in Block 7, ORIGINAL TOWN OF BOYNTON,
according to the plat thereof as recorded in Plat Book 1, Page 23 of the
Public Records of Palm Beach County, Florida.
Section 3. The City Manager is hereby authorized and directed to execute and
deliver the attached Disclaimer and cause the same to be filed in the Public Records of
Palm Beach County, Florida.
:leA IOrdinanceslAbandonmenls\Arches AbandonmeQl.doc
Section 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this ~ day of J lLr\e.... , 2003
SECOND, FINAL READING AND PASSAGE THIS LL day of
:)(..{..ne.. , 2003. .
Comm'
:leAIOroinanceslAbandonmenlslArcnes Abandonment.doc
() 3--- 6 :x 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 a bandon a portion 0 fa 2 0 foot w ide alley, s ubj ect to staff comments, and
more particularly described as follows:
A portion of that certain 20-foot alley lying between Lots 21, 22, 23 and
lot 20 in Block 4, Lake Addition to Boynton, according to the plat thereof
as recorded in Plat Book II, Page 71 of the Public Records of Palm Beach
County, Florida.
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 11-
day ofJune, 2003.
ATTEST:
CIUF BOYNTON BEACH, FLORIDA
.~
Kurt Bressner, City Manager
)
)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.
:\CAIOrdlnances\Abanoonments\Arcnes AOanoonment.doc
WITNESS my hand and official seal in the said State and County this l.2..!!day
of June, 2003.
--6-,,--h(,f--tC k, ) 1\.. ~iL~
NOTARY PUBLIC, State of Florida
My Commission Expires:
",""1'", Barbara M Madden
...,..,,')....:~ ~(; '.... .
:- ~...-;-.;~~~ colll.!!l.Usion " DD125274
~ 0.\. iffit)i E Expires July 19, 2006
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:leA IOrdinances\Abanoonmen15\Arcnes AOandonment.doc
EXHIBIT "E"
Conditions of .j.,DDroval
Reyised
PrOject Dame: The /Hcnes
File r:umber: :\BAN 03-002
Rerere:1ce:
DEPART:vIEXTS
I DClUDE
REJECT
II I I i
PuBLIC WORKS- Genera! !
!
I I I
: I
Com.rnents: Pending i
i
PuBLIC \VORKS- Traffic I I !
!
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Cornrr,ents: None X i
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UTILITIES I I
I ! i
CCrlIrT,er:ts: None X I
I I I
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FIRE i
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I I !
Com.rnents: None X I
I I I
I
POLICE !
COlT'snents: None I X I I
I I I
E~GINEERlNG DIVl:SIO:'i I I ,
i Comments: None I X I
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BUILDING DIVISION I I
Comments: None I X I
P.-\RKS A;.'iD RECREATION I I
I i
Cornr::enrs: :-';one I X I
FORESTERlENVIRONME~T ALIST I I i
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I I I
Comments: None X I
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PLANNING AND ZONI:'-iG
I"
Conditions or .-\.pprov:d
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i I I
Corn.rnents: I i
1. If the parcel eonfiguration of Block 7 is as shown on the t::lX map, and the X
frontage ot-Lot 9.1 is reduced to a non-conforming length, than one ot-the
follo\ving steps, or alternative action, should be taken to prevent the
noneonformi ty:
a) assembly and unification with an adjaeent parcel to obtain
minimize frontage;
b) a variance be requested and granted; and
c) limit the abandonment to the easterly portion of the alley,
specifieally approximately the first 190 linear feet and, modify
the site abandonment accordingly.
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') This approval is eontingent upon satisfying any conditions from the City Of X
I BoyTIton Be3.ch Engineering Division,
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I PRlVA TE UTILITIES I I I
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II ComInents: I I i
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;
I 3. Adelphia has no objections in the abandonment as long as Adelphia facilities X I
I are granted the proper easement
I
I 4. Any and all costs resulting in the relocation or removal of Adelphia facilities X
I due to said abandonment are paid by the customer and/or property owner
i and/or requesting parry.
'I
I 5. Florida Power & Light has no objection to the abandonment contingent X
i
I upon the follo\ving conditions:
I a) FPL acquiring all additional easements for any and all existing or
I
i proposed FPL facilities necessary to service any and all existing
~
and proposed future construction requiring electrical serviee at
the abandoned site. This includes but is not limited to ten (10)
foot e3.sements adjacent to both sides of all major thoroughfares.
b) All e3.sements where FPL facilities exist are not eonsidered
abandoned until said facilities are de-energized, reloeated and lor
removed.
c) Any and all cost resulting in the relocation or removal of FPL
facilities due to said abandonment are paid by the customer
and/or requesting party.
6. Florida Public Utilities Company has existing gas facilities within the X
referenced proposed 3.bandonment area. Therefore, must object to said
abandonment unless the follo\ving conditions are met:
DEPART:YIE::'{TS
I GCLUDE
REJECT :1
{, .
\
(
d) All related relocation expenses will be paid by the party
requesting the abandonment by the date specified by Florida
Public Utilities Company.
e) A separate easement must be granted to Florida Public Utilities
Company within the referenced area. All related easement
expenses will be paid by the parry requestIng the abandonment
by the date specified by Florida Pub lie Utilities Company.
I. Bellsouth provisionally agree to Statement of No Objection to the proposed X
abandonment subject but not limited to the following conditions:
f) A utility easement will be prOvided to support Bellsouth's main
conduit system that is underground through the existing alley.
g) Relocation costs to rearrange existing telecommunication lines in
the vicinity of the project. I
I
h) Bellsouth will require conduit srructure for future cable
placements under an area of the proposed project where
eonsrruction of eonduit would not be practical after completion of
the Arches project.
i) Vehicular access to the area where the existing Bellsouth
Manhole is located twenty-four hours/seven days a week.
ADDITIONAL COMMUNITY REDEv"ELOPMENT AGENCY BOARD
CONDITIONS
,
I
DEP.-\RT:\IE~TS
0:CLlTDE
REJECT ,I
Corr......~ents:
1. None
x
ADDITIONAL CITY COM~nSSION CONDITIONS
Comments:
t. To be determined.
S:'P!:l!1ntng'SHAREDIWt"PROJECTS\.-\RCHES @ BB\ABAN\COA:!.doc