03-007
II
ORDINANCE NO. 003 - 0 D 7
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING
ABANDONMENT OF A PORTION OF A 20 FOOT
WIDE ALLEY, LOCATED BETWEEN N.E. 8TH
AVENUE AND N.E. 9TH AVENUE" WIllCH WILL
BE CONVERTED TO A UTlllTY EASEMENT
EQUIV ALENT IN WIDTH TO THE EXISTING
ALLEY, MORE PARTICULARLY DESCRIBED
HEREIN, SUBJECT TO THE CONDITIONS OF
APPROVAL ATTACHED AS EXHIBIT "A";
AUTHORIZING THE CITY MANAGER TO
EXECUTE A DISCLAIMER FOR TIllS
ABANDONMENT, WIllCH DISCLAIMER SHALL
BE RECORDED IN THE PUBUC RECORDS OF
PALM BEACH COUNTY, FLORIDA; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the applicant and contract purchaser, Jeffrey T. Schnars, is
requesting the abandonment of a portion of a 20 foot wide alley, which will be converted
to a utility easement equivalent in width to the existing alley, located between N.E. 8th
A venue and N.E. 9th A venue, subject also to the Conditions of Approval attached hereto
as Exhibit "A"; 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, which will be converted to a utility
easement equivalent in width to the existing alley, located between N.E. 8th Avenue and
N.E. 9th Avenue, and subject to the Conditions of Approval attached hereto as Exhibit
"A", 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
S:ICAIOrdinanceslAbandonmentslSchnars Abandonment.doc
II
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.
Section 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this ~ day of MAQGt\
,2003
SECOND, FINAL READING AND PASSAGE TIllS -Ldayof
--Bfri I ,2003.
~e
~~
Vice MaY<E:
---
..----------
/~
~ 0
/..
Commissioner
ATTEST:
S:ICAIOrdinanceslAbandonments\Schnars Abandonment.doc
EXHIBIT " A ff
Conditions of Approval
Project name: Schnars Business Center
File number: ABAN 02-003
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
1. The proposed replacement easement shall be no less in width than the X
existing alley. Per the proposed site plan the twenty (20) foot alley shall
be replaced with a twenty (20) foot utility easement.
2. No structures shall be constructed or landscaping placed within the utility X
easement without express written consent of all legal entities occupying
said easement.
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None I X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments: None X
PRIV A TE UTILITIES
Comments:
3. Adelphia will move all facilities to the new easement contingent upon the X
removal of FPL facilities.
4. Any and all costs resulting in the relocation or removal of Adelphia X
facilities due to said abandonment will be borne by the customer and/or _
property owner and/or requesting party.
5. Florida Power & Light has no objection to the abandonment contingent X
upon the following conditions:
a) FPL acquiring all additional easements for any and all existing or
proposed FPL facilities necessary to service any and all existing
and proposed future construction requiring electrical service at
the abandoned site. This includes but is not limited to ten (10)
foot easements adjacent to both sides of all major thoroughfares.
b) All easements where FPL facilities exist are not considered
abandoned until said facilities are de-energized, relocated and lor
removed.
c) Any and all cost resulting in the relocation or removal ofFPL
facilities due to said abandonment are paid by the customer
and/or requesting party.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
-
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\PIanningISHAREO\WPIPROJECTS\ScIIn.. _ ClrIA8AH 02-403\COA._
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 a 20 foot wide alley, which will be converted to a utility
easement equivalent in width to the existing alley, located between N.E. 8th Avenue
and N.E. 9th Avenue, subject to Conditions of Approval, 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 _
day of April, 2003.
fJ, 4 ~..:do
~EACH'FLORIDA
Kurt Bressner, City Manager
STATE OF FLORIDA
)
)ss:
COUNTYOFPALMBEACH )
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.
:\CA\OrdinanceslAbandonments\Schnars Abandonment.doc
II
, .
I j
I!
WITNESS my hand and official seal in the said State and County this :5 r 1. day
of April, 2003.
~ / /y)
~dt1... L.tJ--k::'f;('/,1J
NOTARY PUBUC, State of Florida
My Commission Expires:
"'!!." SUSAN COUINS
~..\ MY COMMISSION , CC 913630
: EXPIRES: FebruaIy 24, 2004
IlOIlllId nlrV Nolary Public U-...,.
S:ICAIOrdinanceslAbandonments\Schnars Abandonment.doc
'~\J . !
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The CitlJ ol BolJnton Beach
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1-
Citq Clerk's (){fice
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561)742-6090
e-mail: prainitoj@ci.boqnton-beachll.us
www.boynton-beach.org
IIIIIIIII~ 11111 n IIIIII ml mlllllllllll
04/28/2003 09:19:53 20030236552
OR BK 15124 PG 0009
Palm Beach County, FloTida
CERTIFICATION
I, JANET M. PRAINITO, CMC, CITY CLERK of the City of Boynton
Beach, Florida, do hereby certify that Ordinance #003-007 dated April 1,
2003 consisting of two (2) pages and Exhibit" A" consisting of two pages
(2) are true and correct copies as they appear in the records of the City of
Boynton Beach, Florida.
Also attached is the original Disclaimer consisting of two (2) pages.
WITNESS, my hand and the corporate seal of the CITY OF
BOYNTON BEACH, FLORIDA, dated this 27th day of March 2003.
'/no
et M. Prainito, CMC, City Clerk
America's Gateway to the Gulfstream
Office of the City Clerk
City of Boynton Beach
P. O. Box 310
8ov!lton Beach, Florida 33425
BOOK 15124 PAGE 0010
ORDINANCE NO. 003- co 1
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING
ABANDONMENT OF A PORTION OF A 20 FOOT
WIDE ALLEY, LOCATED BETWEEN N.E. 8TH
A VENUE AND N.E. 9TH A VENUE, , WIllCH WILL
BE CONVERTED TO A UT~ITY EASEMENT
EQUIV ALENT IN WIDTH TO THE EXISTING
ALLEY, MORE PARTICULARLY DESCRIBED
HEREIN, SUBJECT TO THE CONDITIONS OF
APPROVAL ATTACHED AS EXHIBIT "A";
AUTHORIZING THE CITY MANAGER TO
EXECUTE A DISCLAIMER FOR TIllS
ABANDONMENT, WIllCH DISCLAIMER SHALL
BE RECORDED IN THE PUBUC RECORDS OF
PALM BEACH COUNTY, FLORIDA; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the applicant and contract purchaser, Jeffrey T. Schnars, is
requesting the abandonment of a portion of a 20 foot wide alley, which will be converted
to a utility easement equivalent in width to the existing alley, located between N.E. 8th
Avenue and N.E. 9th Avenue, subject also to the Conditions of Approval attached hereto
as Exhibit "A"; 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, which will be converted to a utility
easement equivalent in width to the existing alley, located between N.E. 8th Avenue and
N.E. 9th Avenue, and subject to the Conditions of Approval attached hereto as Exhibit
"A", 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
S:\CAIOrdinanceslAbandonments\Schnars Abandonment.doc
I I
BOOK 15124 PAGE 0011
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.
Section 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this JtL day of MAQGt\
,2003
SECOND, FINAL READING AND PASSAGE TIllS -Ldayof
~,2003.
~~
Vice Mayor
Commissioner
ATTEST:
S:\CAIOrdinanceslAbandonments\Schnars Abandonment.doc
BOOK 15124 PAGE 0012
EXHIBIT " A "
Conditions of Approval
Project name: Schnars Business Center
File number: ABAN 02-003
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
1. The proposed replacement easement shall be no less in width than the X
existing alley. Per the proposed site plan the twenty (20) foot alley shall
be replaced with a twenty (20) foot utility easement.
2. No structures shall be constructed or landscaping placed within the utility X
easement without express written consent of all legal entities occupying
said easement.
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None I X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments: None X
Conditions of Approval
2
BOOK 15124 PAGE 0013
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments: None X
PRIV A TE UTILITIES
Comments:
3. Adelphia will move all facilities to the new easement contingent upon the X
removal of FPL facilities.
4. Any and all costs resulting in the relocation or removal of Adelphia X
facilities due to said abandonment will be borne by the customer and/or _
property owner and/or requesting party.
5. Florida Power & Light has no objection to the abandonment contingent X
upon the following conditions:
a) FPL acquiring all additional easements for any and all existing or
proposed FPL facilities necessary to service any and all existing
and proposed future construction requiring electrical service.at
the abandoned site. This includes but is not limited to ten (10)
foot easements adjacent to both sides of all major thoroughfares.
b) All easements where FPL facilities exist are not considered
abandoned until said facilities are de-energized, relocated 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.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
-
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S.~_WPIPROJICTS\kllnan_ClIIMAN 02_
II
BOOK 15124 PAGE 0014
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 a 20 foot wide alley, which will be converted to a utility
easement equivalent in width to the existing alley, located between N.E. 8th Avenue
and N.E. 9th Avenue, subject to Conditions of Approval, 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 _
day of April, 2003.
fJ, 4 ~..:do
~EACH'FLORIDA
Kurt Bressner, City Manager
STATE OF FLORIDA
)
)ss:
COUNTYOFPALMBEACH )
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.
:\CA\OrdinanceslAbandonmentslSchnars Abandonment.doc
II
BOOK 15124 PAGE 0015
Dorothy H. Wilken, Clerk
WITNESS my hand and official seal in the said State and County this 3 r~ day
of April, 2003.
~a~'l~-nJ
NOTARY PUBLIC, State of Florida
My Commission Expires:
.~~~. SUSANCOWNS
!.: :~ MY COMMISSION' CC 913630
- . : i EXPIRES: February 24, 2004
BonclId TIIrv NOIIry Public UndtrwriIIta
S:\CA\Ordi nanceslAbandonments\Schnars Abandonment.doc
1\
\,.
tlK'\~ ' .
rr ~.,
Office of the City Clerk
City of Boynton Beach
P. O. Box 310
C\nV'lton Beach, Florida 33425
BOOK 15124 PAGE 0010
ORDINANCE NO. 003 - C [) 1
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING
ABANDONMENT OF A PORTION OF A 20 FOOT
WIDE ALLEY, LOCATED BETWEEN N.E. 8TH
AVENUE AND N.E. 9TH AVENUE" WIllCH WILL
BE CONVERTED TO A UTILITY EASEMENT
EQUIVALENT IN WIDTH TO THE EXISTING
ALLEY, MORE PARTICULARLY DESCRffiED
HEREIN, SUBJECT TO THE CONDITIONS OF
APPROV AL ATTACHED AS EXHIBIT "A";
AUTHORIZING THE CITY MANAGER TO
EXECUTE A DISCLAIMER FOR TIllS
ABANDONMENT, WIllCH DISCLAIMER SHALL
BE RECORDED IN THE PUBUC RECORDS OF
PALM BEACH COUNTY, FLORIDA; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the applicant and contract purchaser, Jeffrey T. Schnars, is
requesting the abandonment of a portion of a 20 foot wide alley, which will be converted
to a utility easement equivalent in width to the existing alley, located between N.E. 8th
Avenue and N.E. 9th Avenue, subject also to the Conditions of Approval attached hereto
as Exhibit "A"; 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, which will be converted to a utility
easement equivalent in width to the existing alley, located between N.E. 8th Avenue and
N.E. 9th Avenue, and subject to the Conditions of Approval attached hereto as Exhibit
"A", 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
S:\CA\OrdinanceslAbandonmentslSchnars Abandonment.doc
BOOK 15124 PAGE 0011
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.
Section 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this ..lL- day of MAQGt\
,2003
SECOND, FINAL READING AND PASSAGE TIllS --1-dayof
~,2003.
e.
fe-.~
Vice Mayor
Commissioner
ATIEST:
S:\CAlOrdinances\AbandonmenlS\Schnars Abandonment.doc
BOOK 15124 PAGE 0012
EXHIBIT " A "
Conditions of Approval
Project name: Schnars Business Center
File number: ABAN 02-003
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
1. The proposed replacement easement shall be no less in width than the X
existing alley. Per the proposed site plan the twenty (20) foot alley shall
be replaced with a twenty (20) foot utility easement.
2. No structures shall be constructed or landscaping placed within the utility X
easement without express written consent of all legal entities occupying
said easement
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DMSION
Comments: None X
BUILDING DMSION
Comments: None , X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments: None X
BOOK 15124 PAGE 0013
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments: Nonc X
PRIVATE UTILITIES
Commcnts:
3. Adelphia will movc all facilities to the ncw cascmcnt contingcnt upon thc X
removal of FPL facilitics.
4. Any and all costs resulting in thc relocation or removal of Adclphia X
facilitics duc to said abandonment will bc bornc by the customer and/or _
property owner and/or rcqucsting party.
5. Florida Power & Light has no objcction to thc abandonment contingent X
upon thc following conditions:
a) FPL acquiring all additional eascments for any and all existing or
proposed FPL facilities neccssary to servicc any and all existing
and proposed future construction requiring electrical service at
thc abandoncd sitc. This includes but is not limited to ten (10)
foot easements adjacent to both sides of all major thoroughfares.
b) All casements where FPL facilitics exist arc not considered
abandoned until said facilities arc dc~ergized, relocatcd and lor
removed.
c) Any and all cost resulting in the rclocation or removal ofFPL
facilitics duc to said abandonment are paid by thc customer
and/or requesting party.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
-
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be dctermined.
s.~~_~Q1Z~
BOOK 15124 PAGE 0014
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 a 20 foot wide alley, which will be converted to a utility
easement equivalent in width to the existing alley, located between N.E. 8th Avenue
and N.E. 9th Avenue, subject to Conditions of Approval, 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 _
day of April, 2003.
fJ, A ~..:do
~EACH'FLORIDA
Kurt Bressner, City Manager
STATE OF FLORIDA
)
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton
Beach, Florida, known to me to be the persons described in and who executed the
foregoing instrument, and acknowledged the execution thereof to be their free hand
and deed as such officers, for the uses and purposes mentioned therein; that they
affixed thereto the official seal of said corporation; and that said instrument is the act
and deed of said corporation.
:\CA\OrdinanceslAbandonments\Schnars Abandonment.doc
BOOK 15124 PAGE 0015
Dorothy H. Wilken, Clerk
WITNESS my hand and official seal in the said State and County this :5 r 1. day
of April, 2003.
.,
~v?dll ~11J
NOTARY PUBLIC, State of Florida
My Commission Expires:
~"~~ SUSAN ca..uNS
Qii'f :~ MYCOMMISSIONfCC913630
. . EXPIRES: February 24, 2004
80llllIcI TlIIu NoIIry ""* u-...,.
S:\CA\OrdinanceslAbandonments\Schnars Abandonment.doc
t:.
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ii>.....I/ TheCihjofBagntonBea.ch
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---;:::?'"
(((............,
)-/
Citlj Clerk's OHice
100 E BOYNTON BEACH BLVD
BOYNTON BEACH R. 33435
(561)742-6060
FAX: (561)742-6090
e-ma.il: prainitoj@ci.boljnton-bea.ch1l.us
www.boynton-beach.org
111111111111111 H I11II M II II I I1I111I1III
04/28/2003 09:19:53 20030235552
OR BK 15124 PG 0009
Palm Beach County, Florida
CERTIFICATION
I, JANET M. PRAINITO, CMC, CITY CLERK of the City of Boynton
Beach, Florida, do hereby certify that Ordinance #003-007 dated April 1,
2003 consisting of two (2) pages and Exhibit "A" consisting of two pages
(2) are true and correct copies as they appear in the records of the City of
Boynton Beach, Florida.
Also attached is the original Disclaimer consisting of two (2) pages.
WITNESS, my hand and the corporate seal of the CITY OF
BOYNTON BEACH, FLORIDA, dated this 27th day of March 2003.
et M. Prainito, CMC, City Clerk
America's Gateway to the Gulfstream