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CORRESPONDENCE Facsimile TRANSMITTAL CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 FAX: (561) 742-6259 PLANNING AND ZONING DIVISION Pages: ANA / FPL 640-2358 August 23, 2007 Kathleen Zeitler Las Ventanas Easement Abandonment ABAN 07-001 approved July 3, 2007 5 To: Fax #: Date: From: Re: Attached are the following documents to clarify the location of the abandoned easement and address any other questions you may have: 1. Location on proposed site plan (Exhibit "B"); 2. Survey of abandoned easement (Exhibit "C"); 3. Development Order (City Commission approval); and, 4. Conditions of Approval (Exhibit "D") noting FPL conditions (the City Commission included these as conditions of their approval). If you need additional information regarding this abandonment, please don't hesitate to call me at 742-6263. Thank you. Planning and Zoning Division City of Boynton Beach Boynton Beach, Florida 33425 742-6260 Fax: 742-6259 EXHIBIT B Dr-lrl.t __.. o-\.'MIl>>I\UOll\CllNCD'1'\flOHCIILr ..... CMC:r'" t .MI \5 100~ I(~,Y_ '" "'~C__.. - - _ -..._-_._1.._.... .._.11__..................__ _ __...._.___......._ __w._ _ _~..._____..__ ..f_...._ _.._. ?i t If 111 III I~ ) Hi Iii ' I i :Ir; ii, IJ :. i. -.j f. I .,.' ,~ ~=7..:~=~~:~~~=i~~~~:::. f"" .:::::. ~=:.::..::.:.:,=.;~-::...~:::::..:::::..::~~~~~~,;;7,;:~d.l (: ....t:____ ......--h:-....,...~-- J;..? ..7 - ~.....-l:1".,J.Ilf!R..X'.>>ll-r-.-..-.__.. _,,_ .~. t~~~~-'-':O:-::~~-;::,~1:"~~:~ -...., il'rr 1.. ' , I I '~i l..1 ! tl~ltflrl{llrj!llI'rl~li'lilll~IIII!I~i I 11111!111!lllllllt~lifJI~ii!11 f,if I !II fl, I II/II! III irlnf,lffIN,1 II t f t - 'il! I I f I I I' III Iti ! Ill' I! 1,111; l'II[,II{lllj1ill! 1..,.11 iI"f"~!!f! . 1 1111111 11l11l 1,1 fJI [__.s .r l...f! 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AREA OF REQUESTED EASEMENT ABANDONMENT Legal Description of Requested Easement Abandonment That part of the right of way for Southeast 2nd Street (formerly Ronald Street) as shown on the plat of Central Park, according to the plat thereof recorded in Plat Book 12, Page 12 of the Public Records of Palm Beach County, Florida, described as follows: Begin at the northwest corner of lot 20 of said Plat of Central Park; thence S. 0054' 40" E., along the west line oflots 20,21,22, and 23, 300.00 feet to the southwest corner of said lot 23; then N. 90 0 00' 00" W., 50.00 feet to the southeast corner oflot 24; thence N. 0 0 54' 40" W., along the east line oflots 24, 25, 26, 27, 28, and 29, 300 feet to the northeast corner of said lot 29; thence N. 90000' 00" E., 50.00 feet to the point of beginning. 264.00'(0) 6B.OO'(0) , I \ \ " )> 8 ;;0 (") ~~c 0 /Tl q r ~8 ~ N I " I I ::::1 fl'1 ~I ~I I I I zd I \!l~ I ~o I ~~ : ~ r: C iT OF WAY liNE -l "'0 " x",,., ",.,'" "'0--< " " __ r g'@ ~ ~ S z~~ ~.,Jlo.Vl LoJM~~ ,," '" '" '" ... 30 31-111 "~3l-~ f'1~ d f ~ ~'rI"l\1:I" g - ~ /r: ",.00 ~ ... '" '" :,. ~ ~ RONALD STREET I""l~O::C r'Tl'"'OCI::O XC)fTl f'Tl XQf11 fT1 o rrI U) (') fT'lllJ ~~Cl~ ~~o;d ~~gsn 6~~g 1'05 ~ O:::lNrz 00 N ---l ""-- ^ ~ ..... 0..... ^ z ~ ,Jl.Ul --1~ ~V1 VI ~"'O U4 .~~ . ~ ;0 " )> ~ CENTRAL rr1 r PAR K ITl"'UO ::lJ XG")l'Tlrrl () ",'" I'TI(..0I0 ~ ,,'" " =1l.Dctlf) ~ ~5 ~ ~~ VI ~~ '" .. '" e N1 "\. 0J~ o Z'" . ", OZ ." '1'" ~~~ :I:)>-l >~tn r--o, t:Dl:l~ $ ;ij ~ n CD o "l/l-" mO-io ;;om)>Cr 1T;::!1!:::ZO zrrl"O-; Zrrl ~ [ij O,tn ~ I\) u.- , UliTI ~;;o '" q RONALD STREET (SE 2ND STREE VACA TED 50' WIDE RIGHT Of" WAY 50' WIDE UTILITY EASEMENT PER ORB 15721, PAGE 820 '" ORB 1 5721. PAGE 826 EXCEPTION H 32 ",!Q '0 en'" ,,::;; .,. Or ." CJ c !"-< ;;~ .(1 q6 '" ~ ){flN liNt{.. N r RESTRICTIONS PER o 0 DEED BOOK 426. PG 364 -; EXCEPTION #33 ~r wO -; RESTRICTIONS PER DEED BOOK 426, PC 364 EXCEPTION #33 " )> :;u n rr1 r '" 6 '" '" ::;; Ol F:: ?' " -..I 0 CD Z '"'r- 5~ _r eo ~ RESTRICTlONS PER eo DEED BOOK 426, PG 364 ,,'l/l l/l EXCEPTION 133 :J:~~ )>!:::tn r- "....... mtl~:::;s Ol -; ;ij Ol n 135.21'(M) SOO'49'OS-E AL N STREE R I ;\H T 0 F WAY WIDTH PER PLAT \ ::;;0 .", N< ...", u,.~ -< RESTRICTIONS PER DEED BOOK 426. PG 364 EXCEPTION #33 +~ tJ lid ..~ 3S~ lYtdip <tJ.p 6-w ~11N- ~ \ EAsn:RL Y RIGHT ".",..,OF WAY UNE::;;.., OfTl - ITl 02 _ r .....Z en.g 08 ~~ "'0'" X" . ~~~ ::l~?!? Oen 0 Z. """C NC") =' '" C ...-< en-< '" ", ,. ~ !:: ,., Z --< '" g ~ '" '" r- oo( '" c; '" ... o .., ~ ,. -< r Z '" -, ~ '" in q ~g :... .... S '" 6 ", ~ r ^ o z r Z ", '-. ::: I L ORIGIN~L: WESTERLY RIGHT lor WAY UNE ~ \I )/ (FEDERAL ~TMENT OF MAP SECTI I I \ I -J --~~ r" " zl""1 ,0 '" 'c 'z 00 \ L o 0 r o --< .j>. " " " , ;Ea d ,.. C ~-z "!.Oo :::0 n '" 6 '" :: ~ ,. -~-~--- ....... '" I\) . . ;ij o '" HIGHWAY STATE ROAD TRANSPORTATION ON NO. g:l;n11'\ ~__ NO. RIG H T 5) r lOo --< r CDO --< PAR K 1 2 r -..10 --< P AGE 1 2 r 0J0 --< r NO -; r -0 --< -- j ,~ .~ ,w DEVELOPI\" \JT ORDER OF THE CITY COMM[ ;ION OF THE lJlTY OF BOYNTON BEACH, FLORIDA Development p &Z Building Engineering Oee, License Deputy City Clerk PROJECT NAME: Las Ventanas APPLICANT'S AGENT: Epoch Properties, Inc. APPLICANT'S ADDRESS: 359 Carolina Avenue, Winter Park, Florida 32789 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 3, 2007 TYPE OF RELIEF SOUGHT: Request to abandon a fifty (50) foot wide utility easement located adjacent to Lots 20-23 to the east, and Lots 24-29 to the west, Plat of Central Park LOCATION OF PROPERTY: Northwest corner of Federal Highway and Woolbright Road, south of Southeast 12th Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS 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: DATED: 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 APP~t 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 "D" with notation "Included". 4. The Applic.?nt's application for relief is hereby L 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: 07- (;lD-07 S:\Planning\SHARED\WP\PROJECTS\Gulfstream Lumber\Uptown Lofts at Boynton Place\ABAN 07-001\DO.doc EXHIBIT "D" Conditions of Approval Project name: Las Ventanas File number: ABAN 07-001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None X PRIV A TE UTILITIES Comments: 1. Florida Power & Light has no objection to the abandonment contingent X upon the following conditions: a. Additional easements must be granted to FPL for any and all proposed FPL facilities necessary to service any and all future construction requiring electrical service at abandoned site. b. All easements where FPL facilities exist are not considered abandoned until said facilities are de-energized, relocated and/or 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 property owner and/or requesting party. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X Conditions of Approval 2 Las Ventanas I DEP ARTMENTS I INCLUDE I REJECT I PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S'\Planning\SHARED\WP\PROJECTS\Gulfstream Lumber\Uptown Lofts at Boynton Place\ABAN 07-001\Condition of Approval Las Ventanas.doc TRANSMISSION VERIFICATION REPORT TIME NAME FAX TEL SER.# 01/27/2002 20:28 PLANNING 5517425259 BR0L3J875851 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 01/27 20:25 95402358 00:02:23 05 OK STANDARD ECM Page 1 of2 Zeitler, Kathleen From: Kelley, David Sent: Thursday, May 17,20073:07 PM To: Zeitler, Kathleen Cc: Breese, Ed; Logan, Laurinda Subject: RE: Abandonment of Utility Easement, Gulfstream Lumber Site Kathleen: The stated conditions noted in your e-mail are correct. Gulfstream Lumber had the roadway known as SE 2nd Street (south of SE 12th Avenue) abandoned via R02-214 on 12/03/02, but the old right-of-way was retained as a utility easement due to existing utilities located within. Now the LAS VENTANAS development is proposing a new 5-level condominium building with parking garage in this area of the new Tract "A". With all of the utilities that once occupied the of SE 2nd Street gone (or abandoned), this development all requires that the current "utility" easement be abandoned in its entirely to remove a "cloud" on their proposed development. We have advocated that this be done and the recording documentation be placed upon the proposed record plat in order to remove any doubt as to its removal and use of the land for the intended purpose. This has to be done Qrior to our acceptance of the final proposed record plat. Therefore, we concur with the abandonment application and support this exercise. If you have any questions, please contact this office at x6988. Dave.. .. From: Zeitler, Kathleen Sent: Thursday, May 17, 2007 1:41 PM To: Kelley, David; Logan, Laurinda Cc: Breese, Ed Subject: Abandonment of Utility Easement, Gulfstream Lumber Site P&Z has received an application request for abandonment of a 50' by 300' utility easement which the applicant states is required to be abandoned prior to replat approval. The utility easement was required to be dedicated when Ronald Street (SE 2nd St) was abandoned in 2002 per Gulfstream Lumber Company's request. Now that Las Ventanas (previously known as Uptown Lofts) has been approved for the site, we understand that the utilities have been relocated (have letters from all utility companies) and the easement is no longer necessary. For staffs report on this application request, I would like to include a memo from the City Engineer regarding your comments on the above. Thank you, 1(atlifeen Zeitfer, City OYanner Office: (561)742-6263 Pax; (561)742-6259 zeitferk~@ ci. 6oynton-6eacfi. if us 5/17/2007 Dave. -----Original Message----- From: Kelley, David Sent: Tuesday, November 26, 2002 1:24 PM To: Rumpf, Mldlael Cc: Livergood, Jeffrey; Galav, Lusia Subject: RE: Abandonment - SE 2nd Street Mike. lAW the copies of the documents that you gave to me, I have inquired to the Utilities Department as to what they have on file. As a recapitulation, the petitioner (Gulfstream Lumber via Dennis Vlassis) filed a petition for the abandonment of SE 2nd Street, from SE 12th Avenue south to their property (some 300 lineal feet) in August, 1994 (File #ABAN 94- 004). After the initial review (at that time), staff had no real reason to not present this to the Planning and Development Board (at their scheduled meeting of October 7, 1994) Two (2) utility companies stated that they had no objection, provided that an utility easement was granted to them as a condition. These were FP&L and the City's Utilities Department. The matter was forwarded to the City Commission for their consideration at their regular meeting of October 18, 1994 Minutes of that October 18, 1994 meeting reveal that the petition was denied by a 5 - 0 vote. Therefore, the street remains as a public right-of-way If Gulfstream Lumber wishes to re- partition again. the same 'hoops' would have to be traveled through. Peter Mazzella is cross- checking with his people to determine if the 2-inch water main is still in service. He will get back to me sometime next week. If we need any other specifics, please advise me; I have copies of some of the 'other' documents in my research on this subject. Dave. -----Qriginal Message---- From: Livergood, Jeffrey Sent: Monday, November 25, 2002 8:44 AM To: Kelley, David Cc: Rumpf, Midlael Subject: FW' Abandonment - SE 2nd Street Dave, Can you look into this for Mike? It will be critical to ensure that the necessary easements for 8E 2nd 8t are either in place or will be taken care of if they are still needed. Jeff ----Original Message----- From: Rumpf, Michael Sent: Thursday, November 21,200211:58 AM To: Livergood, Jeffrey Subject: FW: Abandonment - SE 2nd Street Jeff, the note below really means that I am to check with Engineering to get their comments or confirmation on an abandonment that was reviewed/approved in 1985 but never fully processed through resolution and recorded. The significance is that this is for the Gulfstream Lumber property who processed the abandonment originally I sense that the conditions placed on the approval were never met (establishment of an easement and some issue related to a building acquired and used by the business) which may have 2 Page 2 P & Z Memo 94-293 October 7, 1994 CITY DEPARTMENTS Engineering Memorandum No 94-317 Utilities Memorandum No. 94-314 Planning and Zoning - Memorandum dated October 3, 1994 ABUTTING PROPERTY North not applicable East applicant West no objection South applicant PUBLIC UTILITY COMPANIES Florida Power and Light See Condition Below Southern Bell " " " Gas Company " " " Cable Company (Comcast) " " " RECOMMENDATION Staff recommends approval of the abandonment of the portion of S.E. 2nd Street shown and described on the attached Exhibit "B", SUbject to the attached staff comments from the Planning and zoning Department (memorandum dated September 30, 1994), Utilities Department Memorandum No. 94-314, Engineering Department Memorandum No. 94-317, and the conditions of approval of the requisite public utilities companies being satisfied, prior to Commission adoption of the resolution finalizing the abandonment. TJH/mja Encs XC: Central File a:se2ndst.abn 2 cL PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-293 TO: Chairman and Members Planning and Development Board FROM: Tambri J. Heyden ~d Planning and zoning Director Date: October 7, 1994 SUBJECT: S.E. 2nd Street - File No. ABAN 94-004 Abandonment (for Gulfstream Lumber Company) NATURE OF REOUEST Dennis Vlassis, applicant for Gulfstream Lumber Company, is requesting abandonment of the portion of S.E. 2nd Street that extends three hundred (300) feet south from the south edge of S.E. 12th Avenue. Southeast 2nd Street is an improved 50 foot wide, public right-of-way. Property, owned by Gulfstream Lumber Company, abuts three sides of the proposed abandonment area. Find attached Exhibit "A", a tax map depicting the location of the proposed abandonment, and Exhibit "B", a survey of the area. BACKGROUND The requested abandonment has been submitted by Mr. Vlassis in hopes of eliminating the S.E. 2nd Street dead end to provide better security for the Gulfstream Lumber Company business and stop illegal dumping on the street. Southeast 2nd Street dead ends into the lumber company and lumber company property borders both sides of S.E. 2nd Street, with the exception of the property located at the southwest corner of the intersection of S.E. 2nd Street and S.E. 12th Avenue. The land for S.E. 2nd Avenue (formerly known as Ronald Street) was dedicated to the City by way of the Central Park subdivision platted in March 1925. The subject street and the abutting property are located within the C-3, conununity Conunercial, zoning district. The Gulfstream Lumber Company property along the east side of S.E. 2nd Street is an open vacant lot. The Gulfstream Lumber Company property along the west side of the street consists of one structure that is the vehicle maintenance facility for the lumber company, with the remainder of the street frontage being fenced with gates, leading to the lumber company stockyard. ANALYSIS The S.E. 2nd Street right-of-way no longer serves as street frontage for property owners due to the fact that the lumber company borders both sides of the street. The only other property owner that abuts the street has a driveway entrance on S.E. 12th Avenue. If the request is approved, the applicant's intent is to enclose, with fencing and gates, the outside perimeter of the existing and new lumber company property. The applicant realizes that improvements to the property will require site plan review and expansion of their use will require conditional use approval. The City departments involved in review of a request for abandonment and the parties that were given public notice of the requested abandonment are identified below. Public notice is given to the property owners that abut the easement to be abandoned. The Engineering Department notifies the various utility companies that may have a potential interest in the abandonment. The applicant's reasons for filing this abandonment and the grounds that support the request are shown on the enclosed copy of the last page of the abandonment application form. The legal description and easement to be abandoned are shown on the attached Exhibit "B". / r ;: -' PLANNING AND ZONING DEPARTMENT MEMORANDUM NO 94-309 Agenda Memorandum for october 18, 1994 city Commission Meeting TO: carl-ie Par}"er City Managel" FROM r/i41. Tambri J Heyden l~~ planning and Zoning Director October 13, 1994 S E 2nd street - ABAN #94-004 Abandonment (right-of-way) for Gulfstream Lumbe~~ Please place the above-referenced request on the October 18, 1994 city Commission agenda under Public Hearings. DATE SUBJECT DESCRIPTION This request is for abandonment of a 300 foot long portion of S.E. 2nd Street, a fifty (50) foot wide, paved, public right-of-way From the utility company responses that have been received (Southern Bell has yet to respond), the City's utility department and Florida Power and Light have facilities within this right-of-way, but have no objection to the abandonment, provided easements are dedicated. RECOMMENDATION: The Planning and Development Board, with a 6 - 1 vote, recommends approval of this request, subject to staff comments, which would require dedication of all easements requested by the various utility companies, prior to adoption of the resolution for abandonment tjh Attachments xc: Central File A SE2StAbn review (at that time), staff had no real reason to not present this to the Planning and Development Board (at their scheduled meeting of October 7, 1994). Two (2) utility companies stated that they had no objection, provided that an utility easement was granted to them as a condition These were FP&L and the City's Utilities Department. The matter was forwarded to the City Commission for their consideration at their regular meeting of October 18. 1994 Minutes of that October 18,1994 meeting reveal that the petition was denied by a 5 - 0 vote. Therefore, the street remains as a public right-of-way If Gulfstream Lumber wishes to re- partition again, the same 'hoops' would have to be traveled through. Peter Mazzella is cross- checking with his people to determine if the 2-inch water main is still in service. He will get back to me sometime next week. If we need any other specifics, please advise me; I have copies of some of the 'other' documents in my research on this subject. Dave. -----Original Message----- From: Livergood, Jeffrey Sent: Monday, November 25, 2002 8:44 AM To: Kelley, David Cc: Rumpf, Michael Subject: FW' Abandonment - SE 2nd Street Dave, Can you look into this for Mike? It will be critical to ensure that the necessary easements for SE 2nd St are either in place or will be taken care of if they are still needed. Jeff -----Original Message----- From: Rumpf, Michael Sent: Thursday, November 21, 2002 11 :58 AM To: Livergood, Jeffrey Subject: FW' Abandonment - SE 2nd Street Jeff. the note below really means that I am to check with Engineering to get their comments or confirmation on an abandonment that was reviewed/approved in 1985 but never fully processed through resolution and recorded. The significance is that this is for the Gulfstream Lumber property who processed the abandonment originally I sense that the conditions placed on the approval were never met (establishment of an easement and some issue related to a building acquired and used by the business) which may have prevented the completion of the process, Obviously the only issue now is the easement. The attorney's office wants to place an reso or ord on the agenda in December but I recommended that we confirm the original conditions and proceed as necessary How do you want this review to occur? I have excerpts from the original file copied and available. Mike o----Original Message----- From: Lamanna, Rosemarie Sent: Wednesday, November 20, 2002 3:49 PM To: 'Iser@shutts-Iaw.com' Cc: Rumpf, Michael Subject: Abandonment - SE 2nd Street I just spoke with Mike Rumpf, Director of Planning and Zoning for the City, and he will contact the appropriate parties regarding the need for the easements which were conditioned on the approval of the abandonment in 1995 We may be able to go forward with this as a Resolution rather than an Ordinance (the Reso would require only one Read before the City Commission), as in 1995 that is typically how they were handled. Our Code presently requires that they be addressed by Ordinance, which would require two readings and a public hearing. I'm sure that is more than you ever wanted to know about the Code of the City of Boynton Beach. However, if P &Z find that the easements are still a 2 Rumpf, Michael From: Sent: To: Cc: Subject: Kelley, David Wednesday, November 27,20024:04 PM Rumpf, Michael Livergood, Jeffrey; Galav, Lusia; Mazzella, Pete RE. Abandonment - SE 2nd Street Mike. After reviewing the supplemental information that you gave me this morning, the following is an augmentation to the data noted previously below In the minutes of the April 18, 1995 City Commission meeting, Gulf Stream Lumber Company applied to the Commission of reconsideration of their previous application for the abandonment of SE 2nd Street. The City Commission voted to re-consider Again the City Utilities Department and FP&L expressed (the same) concern in that their respective utility lines needed a easement to allow access to their lines. [In this matter coming back to the Planning and Development Board preceding this meeting, the Board voted 6 to 1 (again) in favor of the abandonment.] Commissioner Jaskiewicz commented that now we will have "15,000 sq.ft. added to the tax rolls and that the utility rights will be preserved", they (Gulfstream) would be "helped" to preserve and maintain their property She also clarified that they (Gulfstream) would be subject to "current landscape regulations" The P&Z Director (then Tambri Heyden) commented that they (Gulfstream) would have to go through the permitting process to put up a fence, etc. The City Commission then moved to approve the (reconsidered) application for abandonment by a 5 - 0 vote. HOWEVER, none of the easement paperwork has been ever generated (to date), been reviewed, accepted, or recorded in order to accomplish the abandonment. In is incumbent upon the applicant to generate the necessary easements, have them reviewed by the appropriate City staff, approved by same, and have them recorded in the Public Records prior to putting forth an appropriate Resolution (or Ordinance) to implement the abandonment. To do otherwise would be in conflict with current procedures. It has been 7-1/2 years since this last action. Application (renewal) needs to be made though the Planning and Zoning Division if this effort is to be ever completed. Dave. -----Original Message----- From: Kelley, David Sent: Tuesday, November 26, 2002 1 :24 PM To: Rumpf, Michael ee: Livergood, Jeffrey; Galav, Lusia Subject: RE: Abandonment - SE 2nd Street Mike' lAW the copies of the documents that you gave to me, I have inquired to the Utilities Department as to what they have on file. As a recapitulation, the petitioner (Gulfstream Lumber via Dennis Vlassis) filed a petition for the abandonment of SE 2nd Street, from SE 12th Avenue south to their property (some 300 lineal feet) in August, 1994 (File #ABAN 94-004) After the initial 1 prevented the completion of the process. Obviously the only issue now is the easement. The attorney's office wants to place an reso or ord on the agenda in December but I recommended that we confirm the original conditions and proceed as necessary How do you want this review to occur? I have excerpts from the original file copied and available. Mike -,,--Original Message---n From: Lamanna, Rosemarie Sent: Wednesday, November 20, 2002 3:49 PM To: 'Iser@shutts-Iaw.com' Cc: Rumpf, Michael Subject: Abandonment - SE 2nd Street Ijust spoke with Mike Rumpf, Director of Planning and Zoning for the City, and he will contact the appropriate parties regarding the need for the easements which were conditioned on the approval of the abandonment in 1995 We may be able to go forward with this as a Resolution rather than an Ordinance (the Reso would require only one Read before the City Commission). as in 1995 that is typically how they were handled. Our Code presently requires that they be addressed by Ordinance, which would require two readings and a public hearing. I'm sure that is more than you ever wanted to know about the Code of the City of Boynton Beach. However, ifP&Z find that the easements are still a condition of the abandonment, we can bring the Resolution forward for approval at the 12/3 meeting, and hold the recording of the Disclaimer until the easements are in hand. As soon as I hear back from Planning and Zoning about the easements, I will get back to you. 3 Rumpf, Michael From: Sent: To: Cc: Subject: Mazzella, Pete Monday, December 02, 2002 2:43 PM Kelley, David Rumpf, Michael RE. Abandonment - SE 2nd Street Dear Dave & Mike I have been able to confirm that the 2" water main that was in the SE 2nd Street right of way, south of 12th Ave., has in fact been abandoned in place, and is no longer required. An easement, therefore, is also no longer required. Thanks for keeping us abreast of recent developments on this issue Peter Mazzella -----Original Message----- From: Kelley, David Sent: Wednesday, November 27, 20024:04 PM To: Rumpf, Michael Cc: Livergood, Jeffrey; Galav, Lusia; Mazzella, Pete Subject: RE: Abandonment - SE 2nd Street Mike. After reviewing the supplemental information that you gave me this morning, the following is an augmentation to the data noted previously below In the minutes of the April 18, 1995 City Commission meeting, Gulf Stream Lumber Company applied to the Commission of reconsideration of their previous application for the abandonment of SE 2nd Street. The City Commission voted to re-consider Again the City Utilities Department and FP&L expressed (the same) concern in that their respective utility lines needed a easement to allow access to their lines. [In this matter coming back to the Planning and Development Board preceding this meeting, the Board voted 6 to 1 (again) in favor of the abandonment.] Commissioner Jaskiewicz commented that now we will have "15,000 sq.ft. added to the tax rolls and that the utility rights will be preserved", they (Gulfstream) would be "helped" to preserve and maintain their property She also clarified that they (Gulfstream) would be subject to "current landscape regulations" The P&Z Director (then Tambri Heyden) commented that they (Gulfstream) would have to go through the permitting process to put up a fence, etc. The City Commission then moved to approve the (reconsidered) application for abandonment by a 5 - 0 vote HOWEVER, none of the easement paperwork has been ever generated (to date), been reviewed, accepted, or recorded in order to accomplish the abandonment. In is incumbent upon the applicant to generate the necessary easements, have them reviewed by the appropriate City staff, approved by same, and have them recorded in the Public Records prior to putting forth an appropriate Resolution (or Ordinance) to implement the abandonment. To do otherwise would be in conflict with current procedures. It has been 7-1/2 years since this last action. Application (renewal) needs to be made though the Planning and Zoning Division if this effort is to be ever completed. 1 MINUTES - CITY COMMISSICh MEETING BOYNTON BEACH, FLORIDA MAY 2. 1995 Fire Chief Floyd Jordan stated that he has consulted with the Fire Chief of West Palm Beach and other fire chiefs in the area and it is their position. and the Palm Beach County Fire Chief has also taken the position. that there should not be any restrictions. One of the things that prompted this issue is that one of the area hospitals in West Palm Beach requested that West Palm Beach submit a proposal to provide inter-facility transfers. This was prompted because the hospitals are not satisfied with the service of the private providers and cer- tain private providers are reacting to that. Chief Jordan stated that the City of Boynton Beach only provides ALS right now; however, it may want to provide BLS in the future to increase revenues. Vice Mayor Bradley felt the City should keep its options open. Mayor Taylor stated that a resolution can be drawn up; however. he would like to stUdy this issue and the costs and ramifications involved before passing a resolution. Commissioner Jaskiewicz requested more background information. It was the concensus of the Commission to have a resolution drawn up. Solid Wlste Authority - Annexation of Enclaves Mayor Pro Tem Matson stated that the Solid Waste Authority made a presentation to the Municipal League. In the past, they have strenuously objected to annexa- tion of enclaves because they have been concerned about concurrency and not having enough room to service annexed areas. However. they stated that because of projected rates of solid waste generation, waste reduction and recycling, they forecast the existing landfill capacity will be able to suffice until approximately the year 2020. Therefore, they fonnally stated that they no longer will be fight1ng the municipalities on the issues of enclaves. 3. Tour of Poinciana Mayor Pro Tern Matson advised that last Thursday, a member of the School Board. Paulette Burd1ck, asked her to participate in a tour of Po1nc1ana with her and Pr1ncipal Sills. She wanted to see what the plans for the school are and meet the children. Mayor Pro Tem Matson adv1sed that Ms. Burdick was very impressed with the plans and strongly supports the saving of the coastal schools. She stated that Ms. Burdick was supposed to get back to her by tonight1s meeting to let her know the results of the bUdget meeting last Wednesday and whether we need to be at the School Board meeting tomorrow or on May 17th. Wilfred Hawkins, the Assistant to the City Manager, advised that in speaking with the Ass1stant Superintentdent. Larry Zab1k, tomorrow night the School Board will be discuss1ng the priority list for the schools to be funded under a COPS issue. Poinciana is number six on that list. On May 17th, they will also be discussing the f1nal budgets. They encouraged us to attend both meetings. B. Reconsideration of application of Gulf Stre.. Lumber Company for abandonment of S.E. 2nd Street Tambri Heyden, the Planning and Zoning Director, stated that the Gulf Stream Lumber Company is requesting abandonment of a 300 foot long portion of S.E. 2nd Street, which is a public right-of-way. The property owned by Gulf Stream - 19 - " , , , , MINUTES - CITY COMMIS~_~N MEETING BOYNTON BEACH. FLORIDA MAY 2. 1995 Lumber Company abuts three sides of the proposed abandoned area. Gulf Stream Lumber Company would like this abandonment in order to eliminate the S.E. 2nd Street dead end to provfde better security, since there has been some illegal dumping in the area. There is one piece of property located at the southeast corner that is under separate ownership; however~ it would not be landlocked because it has separate access. The property along the east side of 2nd Street is an open vacant lot~ and the property on the west side of the street contains a structure that is used for a vehicle maintenance facility. In October, the Utilities Department and FPL had expressed some concerA; however, their concern was allayed because the City will receive an utility easement in exchange for abandoning the right-of-way. Staff supports this application subject to receipt of the easement. The Planning and Development Board voted six to one in favor of the abandonment. Mayor Pro Tern Matson advised that she brought this item up for reconsideration because at one point we were not sure of what was going on. However, it now seems that all the abutting property is owned by the same person. We alsQ now know that 15,000 square feet will be added to the tax roll and the utility rights will be preserved. She felt that since the questions and problems that were plaguing her have been rectified, it would be beneficial to put those 15,000 square feet back on the tax roll. She stated that this would also help Gulf Stream Lumber Company to preserve and maintain their property. Commissioner Jaskiewicz asked if Gulf Stream Lumber Company would be subject to current landscaping regulations. Ms. Heyden advised that in order to achieve their ultimate goal of securing the property once this right-of-way is aban- doned, Gulf Stream Lumber Company is going to have to go through the penmitt1ng process to put up a fence, etc. At that time, the landscaping will be reviewed. Motion Mayor Pro Tem Matson moved to approve the application of Gulf Stream Lumber Company for abandonment of S.E. 2nd Street. Vice Mayor Bradley seconded the motion which carried 5-0. C. Select a date for ribbon cutting cerlmOny for Inf111 Construction Progrtm (available dates, any day week of June 19 or week of June 26 - 1:00 to 1:30 p.m.) The ribbon cutting ceremony for the Infil1 Construction Program was set for Thursday, June 22, 1995, from 1:00 p.m. to 1:30 p.m. D. Reconsideration of revocation of license for QUik Arrival Towing Motion Commissioner Jaskiewicz moved to place this on the agenda for the next regular meeting. She advised that the attorney for Quik Arrival Towing had a conf11ct in scheduling and had to leave the meeting. Mayor Pro Tern Matson seconded the motion which carried 5-0. - 20 - - - --.--- MINUTES - tin COMMISSI,-,. MEETING BOYNTON lEACH. flORIDA APRIL 18. 1995 high blood pressure. etc.). it is automatically assumed that it was Job related. The Florida League of Cities and the Municipal League is fighting that because they feel that this is usurping the cities. home rule; that this is something that cities bargain with their unions and that it is basically an unfunded man- date and that every city should make that decision an their own rather than the Legislature mandating these exorbitant insurance costs. 3. Post Off tel Advtsory Counctl Updatl Mayor Pro Tem Matson sits on this Council. She advised that the contract sta- tion in the mall (right outside J. C. Penneys) is doing very well. People can have mail service on Sundays if they go into the contract station. Stamps are now available by FAX. but it is not applicable in the 33462 pocket because the mail is being delivered by the Lantana Post Office. Unfortunately, the flyer that was sent out on this. and the flyer on the contract station. did not come into our district because we are in that anmpit of 33462. There will be an increase in international postage rates in June. Starting on July 7th. bath facilities an Boynton Beach Boul.vard are implementing a debit and credit system whereby you can use credit cards at the post office. .. Rlconstdlratton of appltc&tton of Gulf St.... Ltllblr CCIIlPIftY for ablnclo..nt of S.E. 2nd Streit It has came to Mayor Pro Tem Matson's attention that Gulf Stream lumber now owns all the property abutting the requested abandoned area and that there are no other property rights that will be involved. If abandoned. the area will return 15,000 square feet to the tax roll and all publiC utility rights will be pre- served. Motton Mayor Pro Tem Matson moved to reconsider the application of Gulf Stream lumber Company for abandonment of S.E. 2nd Street. Vice Mayor Bradley seconded the motion which carried 5-0. City Attorney Cheraf advised that this item will be placed on the May 2. 1995 agenda for consideration. D. It... for dtscussion requested by Caaaissiontr ~asktlWtcz 1. Reconsideration of Quik Arrival Towing issuI Mot1on Commissioner Jaskiewicz moved to place on the May 2. 1995 City Commission agenda the reconsideration of the Qu1k Arrival Towing issue. Mayor Pro Tem Matson seconded the motion. Commissioner Rosen requested that Donald McGeehan be present at that meeting. - 35 - .....- oj r' ; , ~INUTES - REGULAR CITY'~ISSION1E ING BOYNTON BEACH. FLORIDV'- OCTOBER 18. 1994 year. act1vlst ~ot / e'Plerc, ;~sse away. She was a retIred SChOol teacher whO' taught at Pointia Eleme9tary Sc 001. She worked ~t"the Conmuni ty Car1 ng . Center, and the oyntonB'each Vo ers I League. She was a" member of the NAACP, the Conmunity tion Cpuncl1 , a oard member of. (he Boynton Beach Chl1d Care" Center, a'c~nity Relations oard member, and a member of the Poinciana PTA. Ms. Pierce . ssed numerous ~ards. Vice Mayor Matson felt her mem~rY could be cheris~ed b naming a Citize,Ship Award in her honor. / V1ce.M~Yw.:~Mats~n expresse('pr1de 1n~.~arding the 1993/94 Lo~t1e Pierce Cittzens p A'iltird to Jdy qiJrrier. for the past two years. Ms. Currier has run th~ Bull ogs .;fonceSSionsi worked on' di str1buti ng and orgap1"z1ng the CPO Chri s~s p~rty for ch1\aren 1 n It'he C1 ty" worked on the..,HolidllY Party for senior ~,1t1ze s ~.rWl1$On"ce~r. ~.~1th lunches for se.,'ors at Boa~ Club Parle, ',~orke orv,.-the GU!1 Buy- ack P~rilb. ts a member of .1 Comnun1ty Relat1~n$ Y Boart. e North Boyn on B~eh Task .Force. helped .rganize the CPO Ea,.ter Egg , Hun~ lp~ vfce Ma r M~son or~anize the Hurr 'ane Andrew re11e.f..,.and helps d1 ~r ute f.QOd for he,i.H.A.R. . E.. Program. S, is now attemp..~!2(to get spon- so s 0 bring candy Ito he children at the ,oween bash at H&,rer Center. V e~ayov Matson Is fortU,riate to hare 6rked on man~o . .. ese projects with M.. , Cu rr,.: and to cons I de. ""e: a f rlend s~e I 5 a t rea. ' ':~ shou 1 d be emu- lat'ed bi other citizens. J' / .I .j Ms. C~rr1er said vOlun~rs are important. and urged them to came forward. v. IIDSl None --..------ .- VI. PUBLIC HEARIN8l A. Project Name: Agent: OWner: Location: 5.1. 2nd Street AI1:1tAI 9r-()trf Dennis Vlaui1 City of Boynton Beach South of S.E. 12th Avenue. approximately 600 feet north of Woolbright Road ABANDONMENT: Requ.st to abandon 300 feet of S.E. 2nd Street. south of S.E. 12th Avenue Description: MAYOR HARMENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK O~ THIS PETITION. Tambr1 Heydtn. Planning and Zoning Director. said the City has heard from all utility companies. Only the City and FPL have need for an easement. Mayor Hanmen1ng advised that in 1980. a request was made for the abandonment and all of the neighbors were opposed to the petition. They returned again in 1985. and the neighbors were still opposed to the abandonment. Mayor Hanmening is opposed to giving away 300' of the City's street. The City may need the street at some point in the future. He will not support the abandonment. Commissioner Aguila referred to Utilities Department Memorandum No. 94-314 wherein Mr. Guidry refers to a 21 water main. Ms. Heyden conf1nmed that that water main serves only Gulfstream Lumber, and comes from the north to the south. With regard to the shutoff valve. Commissioner Aguila realized that a shutoff valve can be tapped into the line at SE 12th Avenue. - 8 - ~W!~~- MINUTES - REGULAR CII, "ISSION MEETING BOYNTON BEACH. FLORIDA OCTOBER 18. 1994 J,. ). J ~J ,J' COlTlTl1ss1oner Katz feels it is 1mport~,(t to br1ng-'the):1ty.'Of s.oYnto~. ach over the population of 50,000 for ,ma'ny r~sons, spnte" of,.wh1o.h"1ny.rUde)t.t1D ants, tax revenues, etc. He appreciates the/feelin9~,~f t~ petlple~.{n ..t~ au ence, but feels it is time for th~, City to/move 0.0. /..' ~~;' " ". ,./ r' 7 ; ,;:.l;, /, / Motion ,.' /f' ..,. y /"",'" / COlTlTl1,ssioner Katz moved to di'cec(staff ~'~ove on Phase Af;~e e 'j~ves and Phase II fOIl..western expan~. Conmissioner Agul1a seconded th 't1on. City Clerk Sue Kruse polled the vote. The motion carried 4-1. (Vi yor Matson "cast the dissenting vote.) __ . ._..~ _ L .J -~ _.:: _ _" .~. u_ ... ~ MAYOR HARMIENING OECLAREO'A ~~ECESS AT 8:20 P.M. THE MEETING RESUMED AT 8:30 P.M. IX. NEW BUSINESS: 1-- Commissioner Aguila requested an opportunity to revisit the Gulfstream Lumber request for abandonment since the representatives were present in the Lobby of City Hall when their request was addressed but were unable to get into the Chambers. Motion UR~N Q4, Df>4 Commissioner Aguila moved to reconsider the Gulfstream ~~.r abandonment issue. Mayor Pro Tem Bradley seconded the motion which carried 4-1. (Mayor Hanmening cast the dissenting vote.) Miry ~o ~ 141S ~ Federal H'g~ an employee of Gulfstream lumber, repreiin~e-appllCint. She said Gulfitream Lumber 15 not requesting that the City give away anything. They are in the process of negotiating with the Owens property which surrounds this road. In d1scussions wtth the Utilities Department, Engineering and Planning, Gulfstream learned that those departments had no problem with the abandonment. The road is not used, its a dead end. it always floods whln it rains, it is always torn up, and there 1s illegal dUmping. Gulfstream Lumber employs a full-time maintenance staff to clean up constantly. Ms. McVey said she did not hear the objections of the Commissioners when this was addressed earlier. Mayor Pro Tel Bradley said there was concern w1th the fact that Gulfstream Lumber may move tram this locatton, and the City would be faced with homes on that street. Ms. McVey sa1d there are no homes on that road. Gulfstream is only interested in the area south from S.E. 12th. These are empty lots which are zoned commerc1al. Gulfstream Lumber owns that property. The only piece of property not owned by Gulfstream 15 a small garage area on SE 12th. This is the property Gulfstream 15 in the process of negotiating with the owner. No City trucks use this road, and there is no san1tat1on pickup on this road. It is a useless road. Gulfstream understands the need for the easement, has agreed to it and is willing to work with the City to get this accomplished. Commissioner Aguila sees a great deal of logic in this abandonment since it 1s a dead end corridor of no use or value. He supports this abandonment and feels this would be a way of clean1ng up that sect10n of property. - 17 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 18, 1994 Commissioner Katz said he votes philosophically against abandoning property. H~ asked if Ms. McVey would be willing to purchase this 15,000 square feet of prop- erty. Ms. McVey said she could not answer that question. In response to Commissioner Agu1la1s question, Attorney Cheraf advised that the City can sell the property, but the process for selling is complicated. It must be declared surplus property, be appraised. and the City would have to accept bidS. Motion Commissioner Aguila moved to approve the request for abandonment. Mayor Pro Tern Bradley seconded the mot10"~~~ failed 2-3. (Mayor Hanmen1ng, Vice Mayor Matson and Commissioner Katz cast the dissenting votes.) Items for discussion requested by Vice MIyor Lynne Matson Ba 11 ot _nebents '2, '4 and IS Vice ayor Matson advised that he Florida League of it1es has requested that sam of the Amendments on th allot be addressed. he requested a discussion to onn a consensus on send g a Resolution to the eague of Cities in oppoli- on to these Amendments, r issuance of a press r, lease. Thes. amendments can mpact our City in an ad rse way. Commissioner Katz fee that as a representati e of the res1dents of t City of Boynton Beach, unles they offer their input he does not feel a Reso t10n should be sent. H is not comfortable tak1 a vote on how he perso lly feels on these issues. ice Mayor Matson said endments'2 and '4 will act the City. Comm1ss1 er Katz said his concer is Amendment IS. Mayor Hannen1 g suggested taking a po t10n on Amendments '2 an '4 only. Com- missioner A 1,. agreed. Mayor Ha n1ng directed the C1t~ Attorney to prepare a Res ut10n expressing the sen 1ments ot the Boynton B ch City Commission on AmI ~nts '2 and '4. This solution should be sen to the Legislative Oelega on and all other c1t s, encouraging them to ke similar positions. Th Resolution will be s1 ed by the Mayor and the 1ty Clerk in order to ex d1te it. ice Mayor Matson said s . will take it with her to her meeting in Orlando n Thursday. Vice Mayor Matso reminded everyone of the 1 00 foot drug-free zones he City of Boynton Beac already has in effect aro d schools. There is a S ate Statute which penm1ts rug-free zones within 200 et of recreation areas. The North Boynton Beac Task Force addressed this ssue a while back, but 1 has taken time to ge this program underway. Th program is now in place d the signs are being asted around recreation ar as and parks. There are tr1ct penalty e"hanc ,nts associated wi th this P gram. In reviewi ng a 1M of our City, when drug-free zones are overlayed on t at map, our City is beco n9 almost totally drug-free zonewise, which is a me ns of protecting our cht dren. The Police Department said this program will be conducted in accordance with Florida State Statutes. ------ - 18 - ~ ./) '~ ~,-".>) \/.Y 10.... ~ ,J~Y ,.....' ."'>) \/' / t..',.. 0 "(/ ):0.) ..... ,~;....,~:>.... ".-~" ~.,,{ n\ \ U )'/ '........... RESOLUTION NO. 02- a I ~ ~O. .. lID III .... " -I!! l;ii f") ....11 :7NW - n gill ::l - ~=t .. i~ ..., ~ .... c ~ I \D ~ , A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A 300 FOOT LONG PORTION OF S.E. 2ND STREET, WHICH IS A PUBLIC RIGHT OF WAY, MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO THE RECORDING OF UTILITY EASEMENTS FOR THE ENTIRE ABANDONMENT; AUTHORIZING EXECUTION OF A DISCLAIMER, WHICH SHALL BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY; AND PROVIDING AN EFFECTIVE DATE. '~"'.... () ~,-,~EREAS, on May 2, 1995, the applicant, Gulf Stream Lumber Company requ~~~~ abandonment of a 300 foot long portion of S.E. 2nll Street, which is a public right-ot!~ay; and <"" ",;' ,,,':. ~j~AS. this abandomncnt was approved on May 2, 1995, by the City Commissioi((.s)i6}~t to the recording of a utility easement on the entire right-of-way; and \~~:::~~'~~>-:..~ WHERE:~;->comments were solicited from the appropriate City Departments, and public heari'ftgs ~e been held before the City's Planning and Development Board and the City Co1lUI(l~ on the proposed abandonment; and t..:: NOW, THE~. r .., ,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF B~~ON BEACH, FLORIDA THAT: ...............>/......~... /' /..\\~\ I ( \., I Section 1. . The''-':fO~ing Whereas clauses are true and correct and incorpolated herein by this r~dt.C~) ~~..."'\.\ t'" Secti~n 2.. The ~i~~~.?n of the C~~ of ~~ynton Beach, Florida by and through Its City Commlss10n,~.re~nrfor the reqwslte utilIty easements, does hereby abandon the 300 foot long portion\S~s:~t,2nd Street, which is a public right-of-way, and is more .particul~~y set out in the L~~~ap, sketc~ and leg~ ~escription attached as compos1te ExhibIt "A", and subJe~!Q.,;-..secording of Utlhty easements for the abandoned property and all other staff c(um;n1jRS. ,.....,./ \.,{ Section 3. Execution is hereby autl'(~ed and the City Clerk shall be directed to deliver the attached Disclaimer and cause ~~e to be filed in the Public Records of Palm Beach County, Florida. (()) .....:~:..-'""/?~ Section 4. This Resolution shall tak~:~f!~~ediatclY upon passage. ..:-....//~'" \.'::'.::-~~.::.., ;\CAIOrdWw1cea\Al).ndoronorQlGul,,",m ~t.doe _"'~""""A" i I ~\ " /'/~ ,->/ ) \ /' ,:;.... .~ ~-~-':/ ",,/ #~:v \ .. ./ {,....' , i'. 0 \r" /).> . .'''J";::/''- ~ "_~'. '\).,....{ n\ \f ) : .~~,/ ~.. BOl 15721 PAGE mS21 EXHIBIT "An That part of the right of way for Southeast 2nd Street (foonerly Ronald Street) as shown on the plat of Central Park, according to the plat thereof recorded in Plat Book 12, Page 12 of the Public Records of Palm Beach County, Florida, described as follows: Begin at the northwest comer of lot 20 of said Plat of Central Park; thence S. 0054' 40" E., along the west line oflots 20, 21, 22 and 23, 300.00 feet to the southwest comer of said lot 23; then N. 900 00' 00" W., 50.00 feet to the southeast comer of Lot 24; thence N. OC 54' 40" W., along the east line of lots 24, 25, 26, 27, 28 and 29. 300 feet to the northeast comer of }". ,'laid lot 29; thence N, 900 00' 00" E., 50.00 feet to the point of beginning. \'-" ;::./. . ''1'' rn ~ ~'" . l <:'7 .1,') ~ ,~;~~~) '.." /'f~';. \<'~)" \f/~ \r ,/'-:::::, (/' r\ ~~:::~:'~,. '<~.:~7 "'....../..'\.) C; ....c:::.. (#t'~"'\...)\ \.....,..,..-,,/ c...s' /::....., I/' ;'l \t.. 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'~_ _ ~\ -~';-I r-:i--rw -'1,-r-, RL - }. 'i: '.. ~ ~IMlt~EUt: ~ .~. 1= If - , ftl . L _ r:- ( iJ r-.'1 -".... ,. r ' r~ I . _, 0:. ~ I, ,Ir '~I ", _ . I" . ~I Ii"" "'\ ~ ~:. , ... : tl~ . 'j i -=1:)'" . 1- '.L ,d' 11: '. '~I ~ ~ '-- - - r;:?) .' ~ f~. --- - ~~ : :-1~ I 1 r-~---- -- 0" : :<i I " <~ --------) 1;-- - ~ or.;"- .A. I' . ... 0 , ':"'j ....-~ , ,,'.' N to ~ "9. / I"--:""---'~ i "Oa ~\f\ ,/ '- I "'~~~ .... , / , (J~" (f' . ~... " I ".1 ~>. t"". '''It I '~> ,t. \" ~ (' l, I' /' I .~?o "-. J ~ . .. G) }> :0 ./ ~ 1 ........~ :r Bt..... 15721 PAGE 1824 PASSED AND ADOPTED this....L day of December, 2002. ~~ .-...--:...\ \ .-./ I '~tL/ i,~~--t...... ..\ /-;-" t;.-::'-j'\ \.. '" / 0 \...../' ;;> .., "r _, .~~.......:~...-'-- .--' \.f..., I n\ 1\~!....) ~J.....~. '. 0 ......' .:' t'./.... ': ,;> r?:;l '<~~:~) /.) BEr:H. FLO~A . VCI' Commissioner l~,\lIl11rllllll: r l .J: ,~, J NT 0 A, II/'~._... /'.~, ;' .. ,,', .., ^ ~_..>.:-'\<' :.. ......... <T.A ~r' j ..:~:'?OI=4 ~...\.~ . , '()'O'::. ~ . . ) ~ :: ..........C::\ ~. - { "'oj) .... '.' ..- 5 \-,l...ls~.//~ . if' I , -:;:.. '.,', .. t ,......~.J/ $ .~ ...~, 1 ~, ' I.... ~ /::::..... ..;:,~. -, ........ . V 'r- ~ f / ) i I' ...,/ r- : (""" ':- ", . \.'" \ ~ l.....l 1111; . - - "\\\~<::"r"'''~> 1/:lIlln\\"\" / /\~,y) \ \ \.....-"if..... .......::::-:. ./,' ) ,,;/-'C,. .." GS"<":{ ('"" 5'':.. ...J ... ...' \.,/:"... .., ,,". ~~"~:;i~~-.:.~'~~ \.t \( .)') '"" .'\:: .;~:.~ ;::~\ ) / !"'\'I,l \ " :.~...,~\ .!- '-?:>~, i') " ..v...... ~, r~ /,1<- "<: ~:.../ '", ..-0. (./....)\ 1 .......1 .~:':i,.............\ (' ",-)) ( ,. ,,'" ..... ".'.. .....~:'..r-:~:,) ~ /.~ ....- '') " ~.:'\ ~ ,./) \1. "':-........,,, f\ , -._' I r> , J ,', ". )\ '''-' :-.:.-:".-::. ,--..- :ICAIOnllIW'oCM\AbllndonmentalGulls..-..m AIIandon"""t.doc .--......--.r. BOt:.,....15721 PAGE 8825 Dorothy H. Wilk.n, Clerk 11e Ob] 01 Bo'lJtozJ Be."clJ Citv QINk; OUIC11 JOOE.&IJZI/oa IJ.."J,&ul.....nJ P'Q &ZjJO lJo"JfJto.I IJ..c4l'1olicJ. ~~'-OJJO (~1)7"2..oooo fA.)(, (~1)7"2-6000 ~\ "\ /../.....,\ 'l'.-././ I '\ /' {:;$...... ~ // ..../....:::~ '.\' ,."'~ } J 't..."",., Q. \,/ )....... .tc.....,.>.,...:> 't ,I.r ,--~... \.\....:-1 ()\ \ (" J 1 ~.I.....~. \:;:" .. I, JANET)~PPRAINITO, CMC, CITY CLERK of the City of Boynton ~-'>" Beach, FIOrl~r~~ hereby certify that the attached Resolution #02..214 consisting of fI\ie R(lges and the original Disclaimer consisting of flve pages are true a~~rrect as they appear In the records of the City of Boynton Beach, Fld~f~;)) \:::-':'~""":)~7 WITNESS, my h..-a and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated ~~th day of July 2003. ,~~... 'Cs (('::::::.::,\ . ,I' ,i' ~ . (, t...) '<~>/;~>'~" JA eT M. PRAlNITO. CMC. CITY CLERK ;. \'- , \ ~~..... \.1" ..._1,...," ", \(-/\""") ,,_/' ..."':( ("'\ \....C: 'i'>'''; .....--:~. '\ .... ., ....,.. \t.~:.<:..t\.t \:;\.(" '..... v' ~ /.,<,,~~ V' j... -', /". "';;"Y) \' ., , , '~;::l ~~~:::::-. (/"'!y-'~ I ",.F \" ,.../'.,. ,-'" \....(.... CERTIFICATION (SEAL) ,...::::;:.... (/ ..n . . I \... ...... '.. .,..~..... -~.r' .,J......':\ ((./i ",::~~;~:~:~, ~../...-' .! .,..-'\1 ./ ))\ \1. \~::::,,-' " II'" . /I.l\ l '\~_i' ~___ '--....- "An Equal Opportunity/1\ffirmatiueAction/ADA Employer" ._._....... ., .,"._.....~.....M_.._...-....- KNOW ALL MEN BY THESE PRESENTS that the City of Boynton ",":". () ~/~ach, Florida, a municipal corporation, under the laws of the State of Florida, v' 7 (r~ \.~~ hereby abandon the portion of S.E. 2nd Street south of S.E. l2lh Avenue .,~../ an4..uPfth of Woolbright Road. more particularly described as follows: \?~V '(\!rl!lll;~ of the right of way for Southeast 2nd Street (fcnnerly Ronald S(l:te~l~ shown on the plat of Central Park, according to the plat thereof ~~ Plat Book 12, Page 12 of the Public Records of Palm Beach CountY, Florida, described as follows: ,..-:f..:y., Begin ai-~riorthwest comer of lot 20 of said Plat ofCentl'al Park; thence S. 00 54''iO':J:?<~long the w~st line oflots 20. 21, 22 and 23,300.00 feet to the south~~st~er of sm.d lot 23; then N. 900 00' 00" W., 50.00 feet to the southeliSJ~~erofLot 24; thence N. 00 54' 40" W., along the east line of lots 24:\;is;:~, 27, 28 and 29, 300 feet to the northeast comer of said lot 29; then~1.0~~po' 00" E., 50.00 feet to the point of beginning. r;;:---1- 0 .::, ",,' . IN WITNESS WHEREOittfi~~a~~lluthOrized officers of the City of Boynton \........J ,. " . Beach, Florida, have hereunto set ~'~ds and affixed the seal of the City this ~ ...... 1 \,( /'7.:'\ dayof~,2oo2. ((\:J) '<~:::'::J....~-'"""" ~rty.i>P ',,>..<..,...... "",\ , , . Return to: (enclose leIl-addressad sL .d Invelope) Name Addr...; ~ .>\ /-/'^>~ -..... ) .~.- '"" '"' .~ ,..."...-,/ ;_..-'>~ V' ..)./ 0 \<,,,.,, ,...... >...... . \~~f/rl\ .............. ) )ss; COUNTY OF PALM BEACH ) 111r. ]lllInlllll~lmlnll 08/21/2003 0810~14~ 20030~9389l OR Bl< 15721 PG fl826 Pal. a.Ach County, Florida DISCLAIMER ,~.' Kurtl{{r~~,er, City Manager '((1~~:.~ ~<~('- ) ) \) ':::'::'./ f\ (~'::~~~ BEFORE ME, the undersigned authority, personally appeared KURT BRESSNER and JANET PRAlNITO, 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; :\CA\OrUin."ces~OfVI'MII\Gu~m AMndonment.dol: BOD" 15721 PAGE 0827 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 S li1- day of ~ .2002. ~, ,_/~~\ // )..;, ~ /'J'~:/ ^..- .-') ,- / , \~. ,.,..;" 0 \,,-' \,,- {\..~;:::~:~~ \J,c. i ()\ $ ) : ~~,.,_. ,=-~.. .;,,0 ~;:;'~,~~ -"-11 ()'> \, . l ,~~ "......./ , '\'.~..'. ]'.2 ~-;/) '\ \J-!) \f'" ...... '--::::-~::'\ (~/' .,,/} \::::::,""-~~..~-7 /.. /'$ (s ~ )k. /14-~ NOTARY PUBLIC, State of Florida My Commission Expires: m\':?:V~"'''' Barbara N. Madden I ~ ~ CmlDlBllA\ # :ODl2S274 i . . a Explm JllI:r 19. 200tS s.\ i Ioll.W 'dn ....,...01~~ \," "11 ... B--"'~a""" !nl:. "'IIU\.\\: ^ IDt.>>.. I",JW.WJ """-' r--I~. \0-;) '<..? /-:.,;..':'. ! /' :1\ \ (, i...) ....::::::>r""..:.......... (1/ .~;, ') I .-J \~~~l\.:)~,~ ~"/-""- vr \...~;. "'"":".) r-;;"~S ;-~ '-S .)';, '.- (,~../ ''-'''''''" \.r ,,,';'. -.....~-1 ~(~ ..' '~,"\) ~~-~.:-) v.......-....:.~'\ ,.' ....,\ '\ { ( "~',J ,~~-.._~ II"'\YJ'') t# o#""iJ ~/ \'0.//" .....,\ ..~ G..>~)\ ( "'../ .~ ..,..~,....... . /' .-.--.;\ 1(' j: t.. ....~ ...~... ,.:::::;;~~) ~ ~~.:.-.( " ) ....{ '<~._.#"./ F\ -.- / f" c\..../ ~~ '---- :\CAlOnlINlnCIISWllnclOlllTlln,.\lOUI"l1eIm AtIII1dcnnent.doc _....._.._~. _._. no ... .~... _. .._... BOt J5721 PAGE 8828 po A EXHIBIT "At! ... -.. That part of the right of way for Southeast 2nd Street (fonnerly Ronald Street) as shown on the plat of Central Park. according to the plat thereof recorded in Plat Book 12, Page 12 of the Public Records of Palm Beach ~\ County, Florida, described as follows: .............'.......~ ~.;// ,n..., Beain at the northwest comer of lot 20 of said Plat of Central Park; thence \~ ." ~~ 04 '\-;~;;>) S, 0054' 40" E., along the west line oflots 20, 21, 22 and 23, 300.00 feet ~\~.,.-);> 0 to the southwest comer of said lot 23; then N. 900 00' 00" W.. 50.00 feet \--;..,/(~-- to the southeast comer of Lot 24; thence N. 00 54' 40" W., along the east \c; ~~\ line of lots 24, 25. 26, 27; 28 and 29. 300 feet to the northeast comer of ,~. \~_ ~d lot 29; thence N. 900 00' 00" E., 50.00 feet to the point of beginning. /''';' ~-</' V r;::;' ~-? I ! ;'." \,1..../ } \..~.... \...~.' ~" ~ -./',.:..' \~."--,,.~\ \.........'~-- $/'I,__'M'~,\ ( ,f .f 1 \~~.~:~:~',{ ~.t7 (i>"-> ,---~;y. \ov) V r;'~~\ \.::::-~ ,i~;~".~.,~ .r ,/\....."'.'\ ({\-I! \~-:; ".~J"..~," 't';:-,.,..-$. ..., \r ,~.. ,,' ('/\\ 0 -....<, ,..,.. /' 'i....... /- '\ .....,. \1~'" .,.~~:.-, .,~>~ ......../.... .:~ . iOl \(,h"\/ ~j \{ /-.....~~, ( ,.,r\\ l \ \' \' ) '~~~::~"') I. ( ,.,1..../ -';'...r/" ',< '" . /..::::~ I ( {} "..:'-j."';:::\ (( j! ',- . "JI .1..." ',~:::.<> ~ "",/(---) l . ,.""\, "/f\ \}. ",~~::.",_... I \ lr' ,.., / I )\ l '-..' ,,-._~, .......:::::.--..---- .. - :\CA~on_~"'bMdonmonLdoc BO, 15721 ~ PAGE 0829 J. 1 ~ ~ ~ ~ ~ ~ ~ \f\ ~ ~,~ /2'" AVe: - ~ ..,. ( /VcYc ~ >~..","" ..,..... ." \_/ -,,'0 I " '" $~ ~~, .. ./' Y '._~ ':-~e',"\ )... . ,.t....,:o .,. . \.::;.~J . _ 1T~ ",i' V"')") 0:; '.::- n., ~_,...- ,/ \ .... I' .\(''' ,r"".(i 1. ~ ";-..~>. ('<.\ ~ .~ ., h t. ; /~~: . J ,,":;:;/ ':~ . ,j ~,: ~.1),.,~ .:,~~ " I :;'21 fA \l;-! ~ \~_.... 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