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LEGAL APPROVAL Retum to: (enclose self-addressed stamped envelope) IIIIIIIIIUIIIIIII[ )11111111 Name Address' ..C'! 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 . i'l. r . 1'-. 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 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 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 '7Xer, t::~!- z::::r <':- ~ 'Commissioner ATTEST: ~-+7 S:ICA IOrdinanceslAbandonmenlslMonnin.doc ~ ~'~ r--/JI /I 7] / ~ ...' "-- I ~ '<OJ' 7TUA"C ~~"nii~Jl { fr L..- 1 In. · 193.6 feet - tij v;-~ T T ~ Z[ ~ T 7 r r = I / , J I I r ~ I It" Ii . P AVt' NJO ~ IfTU alTc I / 1 I / / " "'~ -.. ....- z 7- ,. - E8~ ~ IT~ t9 ~ r f-- - ~ ~ [1 I "'" l~! . ~~ ~ - J I~~ i--- TI I 7J I I I ~ ~Ol { r = z: ~ ( ~ ~ ii. . I I-- ~ ; ~ r r 7 r /" j I'll, j J I J -' f ~'- Jd; I r 7 - ,J ~ I J E: z I 0 ~ I I i- - JIlJ;O :It...-r a "..- ~ ~ 7 r 7 fr rn ~ ~ S t. I ~ I ,--- Ie ~ I; r II ;\ I I k -- ~....:' . alvn -- I I I . Monnin Alley Abandonment Exhibit A I~~ '~ i 11. 1 ,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 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 IT WITNESS my hand and official seal in the said State and County this ~ tl-aay of ~.~ ,2006. -r!ak~ m~ 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 I I I I I I I I r ! -- I :1 SE 8TH AVE I J t; ~ C') IU (t) I I ~ A J L -- "'\... SE 10TH AVE I , r r I ~ ... ~SITES I 10 N : ~ ~ I j I .. f J I ,. 1(0 o 12.526 liO 75 100 ..... N A 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 ~.\ 'r"'::/ ". . .(.... . \ / .., \. ..' J. = - '. ..... 'v' , .....~I ~-'l. l () (:T'~~(V ( 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 . DFP.<\PTMFNT (IF nn/FLOPMF Nl r' 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: ff//Ci Io~ ( I S:\Planning\SHARED\WP\PROJECTS\NE 3rd Street ABAN.Monnin AlJey\DO.doc + , 1 In. = 193.6 feet ~ ~ lIF-tlltAV / ./' Jl~ JJ~ IJ ~ '~ ~ Q; B~ ~ III ~ ~ ~ a ~ N~ J ~V~ ~ \. ,:\--~\ 1)1 ~ "'~ ~ ~ --'I- "" ~ u: ~ ) I '"'-U: I N AVE N':~7TH 4Vr: ~ ~~ J I~I; / ~ I / I l~ I N~ ,IN r~ 1 S IT~ J z n ~ rn 1"'1 It ~ I , :i!; ~ ~ ., I J N~ :J I .Vte /0' J ~ I I~ I I I "." I I I Jj ru: q Avr boo rn ~ ~ I d I r~ J I I Nt- ;U<l AV~ I / I f-I r: , ~ , I~ J;C, I I ~ - ~ j t ~ j k ~ ~ I j II , J I I I g- 2 - - z ~== ~ z r-- t-- ~ :;..- fir. RTI r< _ r J I~f-- I r~ I Monnin Alley Abandonment Exhibit A ~ = - ~ r- z to ~ BLVD ---- I , I .1[ ~ ~~~~ ~lD~2 O::tD~ s:~~~ 8~~~$ ~~~~~ ~a~i~ "''';!..,z i53"~o OIDr->1U ~~e=3 ~1U9..,> l-~~~~ ~~~~q ~::J%~ ~1U=OS2 ~~~~~~ =~:~ o 8.....'" ILl -') >_~ % >CDmw)- 8 j~o~/It ~ :Q.~g~ :1 e~~~~ o I=IUO~"" ~ ~~~....I5 ~ "8:~o 'j <w~g~ 0:. ~z~~;~ 00%< J gill_it-ill.. 1= rr ffi II.~~ i5 A. f~~%~ 5 ~~~~~ ~ ~~o_o ,I 71-;; /I J ~ Il\ -() 'I-J .' . ~r------__~"~,!",.,,,~__ 1sf ~l ~. -- .. .~ '0 ~~-lr-1J:;o-Q/!)~~.. J ~F ~ .~.& ~" '9> I ~ .& ~~ ~ ~ $2." ~ "= "2" I ~ ~ I "-~ : I/~ ;~~ !~~ i~2 i~o::.. !~~ 1&; I r~. 3 i ~ \ \ . 1 ~ . -, . I , r i I ~L 8 ~ , ?" ~ I .... i :3 I ;:, .... s I i I ~ ~ .i ~ .;rs~ b.>1>.r ~ F:! ~ ~ S "7~A{~OIS "-:;J"'t?? ,t;- 'O~'9> v ~~ ~):: :l'~ .~ \-1 ti~ ~" ~~ >-.... "'- lP-:' R 8 >0,", "''''8 J:ilD ~~5 z"'~ ~~~ Ci~g "'..0 ~~~ ~~.: ~g~c ~~~~ z ~~Si ~ Z~A.~ '" ~~~~ 5 !h.1- 0 (f'J A.lrIgu lU 1-00= : ~~~~ < :rog; fa ~!~~ ..J :il(~:- -~:.o ti3'=.. o:r;J~ gll",o "i~:.: ~~=g ffi15a~ ~E!; ~5gE ~~r== ~ci" ~o~f g~o.... EXH IBIT B :! ~ ~ ~ ~ i ~~ ~ ~ i i~ I f 5 =! ~ z ... 5~ ;: ~ i ~ : :I S ~ . . ~ 5 '-l , . " f .; ~H~H - '! . .1.01."'... ~ ~~~~I'I'H $: ~~= .:...:. ~ it c:: ~ CD .... ~:! ~!~l 5 - j:lii!~ :::::; .t....~J: 1 ~ !~ , ."!r~J. H i! tHh ~I.~i~~,!:!iii l~i " 1_. ., .1....~ i~~M~~:t&~ j~il it UHUIIH ;;;~t~hril hhhHH ~~~~q-!-:i~..; ~~~~~~~cJlt.; ~ Ii 3~ ~~ ~ h =~ ~i ~ .... ;~ ~I i ~: ~~ u ~ l!!'!g 1;~d t=l! 1; ~h l!~t f5~ .. "'!l1l: E:o.... IE:"I ~ E~~ l~1 iiR ~~ &~I Uii ~i5 ~~ t;li~ ..;. 'U ..~ "~I!; ~~. o..~ h ih ~d ih u U1; "g ( 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