03-003
. I
I
BOOK 15058 PAGE 029&
ORDINANCE NO. 03 -OO~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING ABANDONMENT OF A 40 FOOT
WIDE RIGHT-OF-WAY LOCATED ON NE 3RD
STREET, BEING MORE PARTICULARLY
DESCRIBED HEREIN, SUBJECT TO THE
CONDITIONS OF APPROV AL A TT ACHED AS
EXHffiIT "C"; AUTHORIZING THE CITY
MANAGER TO EXECUTE A DISCLAIMER FOR
SAID ABANDONMENT; PROVIDING THAT THE
ATTACHED DISCLAIMER BE RECORDED IN THE
PUBLIC RECORDS OF PALM BEACH COUNTY;
AND PROVIDlNG AN EFFECTNE DATE.
WHEREAS, the City of Boynton Beach, upon recommendation of staff, is
requesting the abandonment of an unimproved 40 foot wide right-of-way, located on N.E.
3rd Street, subject to the Conditions of Approval attached hereto as Exhibit "C"; 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 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 City Commission of the City of Boynton Beach, Florida, does
hereby abandon an unimproved 40 foot wide right-of-way, located on N.E. 3rd Street,
south of N.E. 12th Avenue, more particularly described in Exhibit" A", attached hereto,
and further set out in a sketch of the proposed abandonment attached as Exhibit B, and
subject to Conditions of Approval attached as Exhibit "C".
Section 2. The City Manager is hereby authorized 3.11d 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 3.
This Ordinance shall take effect immediately upon passage.
FIRST READING this ~ day of February, 2003
S:ICAIOrdinanceslAbandonmentslDaise Terrple - COBB Abandonment 012303.doc
11
'I
2003.
BOOK 15058 PAGE 0297
SECOND, FINAL READING AND PASSAGE THIS ~ day of February,
Yn.p~
ACH, FLORIDA
-------
f~
Vice Mayor
Commissioner
S:ICAIOrdinanceslAbandonmentslDaise Te""le - COBB Abandonment 012303.doc
BDOK 15058 PAGE 0298
EXHmIT "A"
All that part of the existing road right-of-way for NE
3rd Street, lying south of NE 1 ih Avenue and
running south for 90 feet, as shown on thl3 Plat of
Happy Home Heights as recorded in Plat Book 11,
Page 30, of the Public Records of Palm Beach
County, Florida.
.,
"'
PC!]).!. J50SC' PAGE llI2~HIBIT "B" ~
I IVI vSED ABANOONME:
~€. I? ,JI, AVC-NUe
8 0 ~ J-
" 4 o I / ~. Vt:II~1' Qvrff.:,
0 ~
... .. ... t... . '. .. rt . . . . . . . . . . . . . . . .' . .
:1 0
i r Pc__~, P~/c
, I ~ ,4"':;'~"
-- . ~o.o~ T
S4.C10 Zo.oo -
Zoo ~o
A s,-hell I.
"',.,~,
I ( /.
~~
I ~ l~ I
I ~ " \:
~ ~\(
~I 0 V) ~ ~ ~ ~I
a (l ()/
~ ~ ~ ~I
~I. .. ~ ~,,~ ~
~ --. ~~
~
~ e Q
LOT 1, BLOCK 9 ~ LOT 8, BLOCK 10 I
.1' HAPPy HOME HEIGHrS f~ HAPPy HOME HEIGHTS
.,.. .~m
I PLAT BOOK 11, PAGE 30 ~ ~~ . PLAT BOOK 11, PAGE 30 '/
~ ~~
, .( t:;h~t'c J,) . ~f;&""./) I
, I
--1- I
Z tI. 00 I
- ---
~ A~t.. ~y I I
T - } II
~ 0.00 t 0.00
5' Ch41n UnA J r I S.t:;'O/'l (.,n/c'
I
(. I I
.1 to,.
~ LOT 1, BLOCK 1 I LOT I, BLOCK "A"
r
MEEKS 4 ANDREWS '1- 30 : MEEKS &: ANDREWS
, PLAT BOOK S. PAGE 84 PLAT BOOK S, PAGE 84
, .. " ZO It:!
f -..
.
FlDOG ZCIC -C-
. "V~.AIMTY PAlm. IC.
1211'. NO. C
BOOK 15058 PAGE 0300
""\
J
EXHIBIT "C"
Conditions of Approval
Project name: Daise Temple
File number: ABAN 02-004
Reference: Nt A
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBUC WORKS- Traffic
Comments: None
-
UTILITIES
Comments:
1. An ingress, egress, drainage and utility easement encompassing the entire X
N.E. 3RD Street right-of-way shall be dedicated to the City of Boynton
Beach. This dedication shall occur prior to final recording of the -.
abandonment.
2. No canopy trees shall be allowed to be planted within the easement. All X
plantings shall be reviewed and approved by the City of Boynton Beach
prior to placement.
3. No building structures shall be allowed to be constructed on any portion X
of the easement.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DMSION
Comments: None X
BUILDING DMSION
Comments: None X
PARKS AND RECREATION
BOOK 15058 PAGE 0301
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Conunents: None X
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
X
4. To ensure the intended use of the abandoned right~f-way for an ingress,
egress, drainage and utility easement, the plat shall be amended
accordingly.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDmONS
Comments:
-.
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\'M='\PROJECTS\Daise Temple (Church of God) Aban\COA 2002.doc
II
BOOK 15058 PAGE 0302
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 three street rights-of-way, as more particularly described herein as
Exhibit "A".
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 February, 2003.
ATTEST:
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 sea! 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 ~ 7t1.. day
of February, 2003.
~d/Jc ~
NOTARY PUBLIC, State of Florida
My Commission Expires:
SUSAN COWNS
MY COMMISSION # CC 913630
. ,; EXPIRES: February 24, 2004
Bonded Thru Nolary Public UndoIwrilelS
S:ICAIOrdinanceslAbandonmentslDaise Temple - COBB Abandonment 012303.doc
BOOK 15058 PAGE 0303
Dorothy H. Wilken, Clerk
EXHIBIT "A"
All that part of the existing road right-of-way for NE
3rd Street, lying south of NE 1 ih Avenue and
running south for 90 feet, as shown on the Plat of
Happy Home Heights as recorded in Plat Book 11,
Page 30, of the Public Records of Palm Beach
County, Florida.
1/1111/1111 II /111/111/111/111111 n 1111111
The City 01 Boynton Beach
~V'"r)I
"t, .. "2,.0
...,1.- '0 ;'_; \:,
04/14/200.3 1.3: 14:42 200.30207105
OR BK 15058 PG 0295
Pa:.m Bf~<lch Cuunt::,..~ FLo'dda
Citq Clerk's OUice
100 E BOYNTON BEACli BLVD
BOYNTON BEACli FL 33435
(561) 742-6060
FAX (561)742-6090
www.boqnton-beach.ore
CE R T I F I CAT ION
I, JANET M. PRAINITO, CMC, CITY CLERK of the City of Boynton Beach,
Florida, do hereby certify that Ordinance #03-003 consisting of two (2) pages,
Exhibit "A", "B" and "C" consisting of four (4) pages are true and correct copies
as they appears in the records of the City of Boynton Beach, Florida.
The original disclaimer consisting of one (1) page and Exhibit "A"
consisting of one (1) page is also attached.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON
BEACH, FLORIDA, dated this 27th day of February 2003.
'tn.~
ET M. PRAINITO, CMC, CITY CLERK
bruary 27, 2003
S:\CC\WP\certifications\certification . Janet - letterhead. doc