LEGAL APPROVAL
Retum to: (enclose self-addressed stamped envelope)
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Name
Address'
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CFN 2006,ZJ:322564
OR BK 20411 PG 1202
RECORDED 05/31/2006 16:51:17
Palm Beach County, Flo~ida
Sharon R. Bock,CLERK & COftPTROLLER
Pgs 1202 - 1207; 16pgsl
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1 ORDINANCE NO. o6-o&.lb
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT
5 OF A PORTION OF AN UNIMPROVED ALLEY
6 LOCATED BETWEEN NORTHEAST 5TH AVENUE
7 AND NORTHEAST 6TH AVENUE EXTENDING
8 APPROXIMATELY 150 FEET WEST FROM
9 NORTHEAST 3RD STREET, SUBJECT TO STAFF
10 COMMENTS; AUTHORIZING THE CITY MANAGER
11 TO EXECUTE A DISCLAIMER, WHICH SHALL BE
12 RECORDED WITH THIS ORDINANCE IN THE
13 PUBLIC RECORDS OF PALM BEACH COUNTY,
14 FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
15
16
17 WHEREAS, Mary Ann Monnin, is requesting the abandonment of a portion of the 10
18 foot alley located between Northeast 5th Avenue and Northeast 6th Avenue, extending
19 approximately 150 feet west of Northeast 3rd Street, lying adjacent to Lots 68, 69 and 72-75, all
20 in the PIal of Arden Park, subject to staff comments; and
21
22 WHEREAS, comments have been solicited from the appropriate City Departments, and
23 public hearings have been held before the City's Community Redevelopment Agency, and the
24 City Commission on the proposed abandonment; and
25
26 WHEREAS, staff has determined that the subject right-of-way no longer serves a public
27 purpose as a right-of-way and with the conversion to a 10 foot wide utility easement, it will
28 adequately serve the utility providers and therefore recommends approval subject to staff
29 comments.
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
32 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
33
34 Section 1. The foregoing Whereas clauses are true and correct and incorporated
35 herein by this reference.
36
37 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby
38 abandon a portion of the 10 foot alley located between Northeast 5th A venue and Northeast 6th
39 Avenue, extending approximately 150 feet west of Northeast 3rd Street, lying adjacent to Lots
40 68, 69 and 72-75, all in the Plat of Arden Park, subject to staff comments, and more particularly
41 described as follows:
42
43 That portion of a platted 10 foot wide alley shown on the Plat of Arden
44 Park, according to the Plat thereof, recorded in Plat Book 2, Page 96 of the
45 Public Records of Palm Beach County, Florida. Being bounded on the
S.\CA\OrdlOsnces\Abandonmenls\Monnin.doc
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II
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.
Subject to a utility easement over same.
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.
2006.
Section 4. This Ordinance shall take effect immediately upon passage.
FIRST READING this .Iw" day of --l1:t "1 ' 2006.
SECOND, FINAL READING AND PASSAGE THIS I'~ay of ~,
CITY OF BOYNTON BEACH, FLORIDA
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'Commissioner
ATTEST:
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Monnin Alley Abandonment Exhibit A I~~ '~
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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 abandon
a portion of the 10 foot alley located between Northeast 5th Avenue and Northeast 6th
Avenue, 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 thereot: recorded in Plat Book 2, Page 96 ofthe
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 .1.fL 'k,
daYOf~, 2006.
ATTEST:
r().~-4dj
.../. anet Prainito
f)' City Clerk
STATE OF FLORIDA )
)3S:
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
isuch 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
jcorporation.
S:\CA 10rdinanceslAbandonmentsIMonnin .doc
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WITNESS my hand and official seal in the said State and County this ~ tl-aay of
~.~
,2006.
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NOTARY PUBLIC, State of Florida
My Commission Expires:
! ~. ...rt'!'l~ VAlORIE loOTS
! ~f~.; MY COMMISSION. DO 346198
, -;...... EXPIRES: Septenter 17, 2008
I '''.IIt.. Bonded l!vu HaIoly PI.DiIc UndInwIlIn
S:ICA IOrdinanceslAbandonmentslMonnin.doc
.HATHAWAY PARK
LUAR 06-007
EXHIBIT "An
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The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
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July 24, 2006
www.boynton-beach.org
Ms. Mary Ann Monnin
11545 Old Ocean Blvd Unit D
Boynton Beach, FL 33435
Re:
For:
File No.
Location:
Dear Ms. Monnin:
NE 3rd Street
Abandonment
ABAN 06-006
Alley located between NE 5th and NE 6th Avenues, extending approximately 150 ft.
West from NE 3rd Street
Enclosed is the City of Boynton Beach Development Order for application item ABAN 06-006, which
represents approval of a request for abandonment of a portion of an unimproved alley located between
NE 5th and NE 6th Avenues, extending approximately 150 feet west from NE 3rd street. The City
Commission approved this abandonment on May 16, 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,
~ichael W. Rumpf
~ Director of Planning & Zoning
MWR:ad
Attachment:
Development Order
Conditions of Approval
S:\Planning\SHARED\WP\PROJECTS\NE 3rd Street ABAN.Monnin Alley\Approval Letter abandonment.doc
PROJECT NAME:
DEVELOP'" ~T ORDER OF THE CITY COMMlf 'ON OF THiillj" . ~. ~ ~ D W ~ m
CITY OF BOYNTON BEACH, FLORIDA DieS . . n
I I JUL 2 '4 2006 U
Monnin Alley Abandonment (NE 3rd Street) L
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APPLICANT'S AGENT:
Mary Ann Monnin
,- -----~---"-_._.._---
APPLICANT'S ADDRESS:
11545 Old Ocean Blvd. Unit D, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 2, 2006 l>f ~l"; (1 .
lit ~ J (pJ 2fxJ ~ ;).. NO t<eQJ/../ t1 c}--
TYPE OF RELIEF SOUGHT: Requesting to abandon a portion of the tlnimproved 10-foot wide alley
located between NE 5th and NE 6th Avenues, west of NE 3rd Street, lying adjacent to
Lots 68,69, and 72-75, all in the plat of Arden Park.
LOCATION OF PROPERTY: West of NE 3rd Street between NE 5th Avenue and NE 6th Avenue
DRAWING(S): SEE EXHIBIT "8" ATTACHED HERETO.
X TH IS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
-A- HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4.
The Applicant's application for relief is hereby
'-A GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7.
Other
DATED:
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EXHIBIT "C"
Conditions of Approval
Project name: Monnin Alley Abandonment (NE 3Td Street)
File number: ABAN 06-006
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. The lO-foot wide alley shall be converted to a 10-foot wide utility easement X
to accommodate the existing 2" water main.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments: None X
PRlV A TE UTILITIES
Comments:
2. Florida Power & Light has no objection to the abandonment contingent X
upon the 10-foot wide alley being converted to a 10-foot wide utility easement
to accommodate their existing facilities.
3. Bellsouth has no objection to the abandonment contingent upon the 10-foot X
wide alley being converted to a 10-foot wide utility easement to accommodate
their existing facilities.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments: None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WP\PROJECTS\NE 3'. Street ABAN.Monnin Alley\ABAN 06-006\COA.doc