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03-066 ORDINANCE NO. O3- ~ (~ ~ O~~CE OF THE CITY OF BOSTON BEACH, FLORA, AUTHO~G ~~O~ENT OF ~ ~ROVED 1S-FOOT ~E ~LEY R~G EAST-~ST ~ BLOCK 4, L~ ~DITION TO BOSTON S~DWISION (~ 01- 004); CO~ERT~G ~ ~SERV~G A 15-FOOT ~E UT~ITY EASEMENT EQ~ENT ~ ~TH ~ LOCATION TO THE EXIST~G ~LEY BErG ~~O~D; AUTHO~G THE CITY M~AGER TO E~CUTE A DISCLA~ER, ~ICH SH~L BE ~CO~ED ~TH THIS O~~CE ~ T~ P~LIC ~CO~S OF P~M BEACH CO~TY, FLORA; ~ PROVinG ~ EFFECT~E DATE. WHEREAS, the City of Boynton Beach is requesting abandonment of an 15-foot wide alley right-of-way located between N.E. 8th Avenue and N.E. 9th subject to staff comments and the reservation of a utility easement equal in size and to the alley right-of-way being abandoned; and WHEREAS, comments have been solicited from the appropriate City Departments, public heatings have been held before the City's Planning and Development Board, and City Commission on the proposed abandonment; and WHEREAS, the properties located on the north and south sides of the alley segment be abandoned are developed with single-family residences, and it is the City's intention to the 15-foot wide alley as the adjacent properties were not improved to utilize the alley therefore, the alley right-of-way provides no public service for access purposes; and WHEREAS, the 15-foot wide alley will be converted to a utility easement equivalent width and location to the existing alley; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does abandon a 15-foot wide alley located between N.E. 8th Avenue and N.E 9th Avenue, Beach, Palm Beach County, Florida, subject to staff comments and any easements of and more particularly described in the attached Exhibit "A." A location map is hereto as Exhibit "B." S:~CA\Ordinances~Abandonments~Abandon - Mangrove Walk Alley.doc Section 3. A perpetual utility easement equivalent in width and location to the being abandoned is hereby reserved, granted, and conveyed to the City of Boynton and any public or private utility for purposes of the placement, installation, removal, and repair of utilities, such as water, wastewater, stormwater, electric, and cable television, over, along, through, in, above, and under that :ertain parcel of land situated, lying, and being in Boynton Beach, Palm Beach County, as more particularly described in Exhibit "A" and as depicted on Exhibit "B" hereto Section 4. The City Manager is hereby authorized and directed to execute the Disclaimer and cause the same to be filed, with this Ordinance, in the Public of Palm Beach County, Florida. Section 5. This Ordinance shall take effect immediately upon passage. FIRST READING this i{o day of ~.~ ~r, 2003 SECOND, FINAL READING AND PASSAGE THIS (o day of d~Lrl~l,~ ~ ,2004. CITY OF BOYNTON BEACH, FLORIDA .y~lerk S:\CA\Ordinances~Abandonments'~bandon. Mangrove Walk Alley.doc The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj~ci.boynton-beach.fl.us www.boynton-beach.org CERTIFICATION I, JANET M. PRAINITO, CMC, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that a copy of Ordinance #03-66, Exhibit "A" Legal Description, Exhibit "A" map of Mangrove Walk Alley area, Exhibit "B" map of Mangrove Walk Alley area, Exhibit "B" Proposed Abandonment drawing, Development Order of the City Commission of the City of Boynton Beach, Florida, and Exhibit "C" Conditions of Approval all consisting of nine pages, are true and correct copies as they appear in the records of the City of Boynton Beach, Florida. Also attached is the original Disclaimer and Exhibit "A" Legal Description consisting of two pages. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 13th day of January 13, 2004. J~ET M. PRAINITO, CMC, CITY CLERK ~~~~lons~ce~' rtification :,- - JP - sailfish.doc America's Gateway to the Gulfstream EXHIBIT "A" A 15-foot alley lying in Block 4 of Lake Addition to Boynton, as recorded in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: A 15-foot wide alley running east-west in said Block 4, being bounded on the east by the west right-of-way line ofN.E. 7th Street, on the west side by the northerly projection of lot 27 of said Block 4. S:\CA\Ordinances~Abandonments~Abandon - Mangrove Walk Alley.doc 1 I..- 175.0 feet Mangrove Walk Alley EXHIBIT"A" 1 ~= t75.0fe~t Mangrove Walk Alley EXHIBIT~...~. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Mangrove Walk Alley Abandonment APPLICANT'S AGENT: Dale Sugerman, Assistant City Manager - City of Boynton Beach APPLICANT'S ADDRESS: 100 E. Boynton Beach Blvd, Boynton Beach, FL 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: De~~nn-~ A:.pp o A 15-foot wide alley running east-west in said Block 4, being bounded on the east by the west right-of-way line of N.E. 7~h Street, on the west side by the northerly projection of lot 27 of said Block 4. LOCATION OF PROPERTY: Block 4 of Lake Addition to Boynton DRAWING(S): SEE EXHIBIT 'B" ATTACHED HERETO. - THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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 eought 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 Applica/nt · ,"~ 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 forlh on Exhibit 'C" with notation 'Included". 4. The Applic,,ent's application for relief is hereby · .. ~_ 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: c rk EXHIBIT "C" Conditions of Approvo! Proj~x~t name: Mangrove Walk Alley File num~-t: ABAN 01-004 DEPARTMENTS . INCLUDE PUBLIC WORI~q- General 1. Thc proposed x~p~t easc~ncnt shall be no less in width than the X existin8 alley. Thc fifteen (15) foot wide alley shall be replaced with a fit~*n (15) foot wide ~ ~*~.~_~ PUBLIC WOltl~ Traffic Co _mmcn_ ts: None X UTII Commen~: None X Comments: None POLICE ~: None X ENGINE..F. RING Drv~._qION Connncnls: None X BUILIHNG DIVISION ~Cornn~s: None ~ X PARK,~ AND RECREATION Comments: None ~ X Comments: None ~ ~ X Co~tiom of Approval 2 DEPART]VIENTS INCLUDE REJEC"F 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. PRIVATI~ 3. Adelphla has no objections to the abandonment as long as Adelphia X facilities are granted the proper easement. 4. Florida Power & Light has no objections to the abandonment as long as X Florida.Power 8: Light facilities are granted the proper easen~t. A minimum ten-foot wide utih'ty easement shall be requir~ 5. l~lorida Public UtlHties Company has no objections to the abandonment X as long as F.P.U.C. facilities are granted the proper easement. N.P.U.C. has underground gas distribution located within the limits of the proposed abandonment. 6. Bellsouth has no objections to the abandonment of the alley right-of-way. X Bellsouth shall require a utility easement. ADDITIONAL COIVIMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS 1. None X ADDITIONAL ~ COIVIMI,qSION CONDITIONS 1. To be determined. 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 15-foot wide alley, located between N.E. 8tn Avenue and N.E. 9tn Avenue, and more 3articularly described in the attached Exhibit "A". IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton 5each, Florida, have hereunto set their hands and affixed the seal of the City this _~ day of January, 2004. ATTEST: /~!'!~;~w~N~. ITY OF B)OYNTON BEACH, FLORIDA t Prainito ~ ,~,lOR~,Oy,--" ' ~,/~' Kurt Bressner, C~ty' Manager ~-[-~y Clerk STATE OF FLORIDA ) )SS~ COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and lanet 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 ~uch officers, for the uses and purposes mentioned therein; that they affixed thereto the ~fficial 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 ~'/~ day of January, 2004. ...... NOTARY PUBLIC, State of Florida My Commission Expires: 5% aYcoua,ssloN #cc 913630 II I~;~ EXPIRES: February24, 2004 * BOItd~d Thru Noah/Public Underwnlers S:',CA\Ordinances~Abandonments~Abandon - Mangrove Walk Alley.doc EXHIBIT "A" A 15-foot alley lying in Block 4 of Lake Addition to Boynton, as recorded in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: A 15-foot wide alley running east-west in said Block 4, being bounded on the east by the west right-of-way line ofN.E. 7th Street, on the west side by the northerly projection of lot 27 of said Block 4. l:\CA\Ordinances~Abandonments~Abandon - Mangrove Walk Alley.doc