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04-001ORDINANCE NO. 04- OlD I AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF AN UNIMPROVED 5-FOOT WIDE ALLEY RUNNING EAST-WEST IN BLOCK B, MEEKS AND ANDREWS ADDITION TO BOYNTON; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach desires to abandon the unimproved 5-foot wide alley right-of-way which runs west from N. Railroad Avenue located between N.E. 10th Avenue and N.E. 11th Avenue, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public heatings have been held before the City's Planning and Development Board, and the City Commission on the proposed abandonment; and WHEREAS, the properties located on the north and south sides of the alley segment to be abandoned have requested this abandonment in order to assist in the development of the Boynton Delray Acadamy; and WHEREAS, the City of Boynton Beach Commission finds that the abandonment of the alley is in the best interest of the public health, safety and welfare of the citizens and residents of the City of Boynton Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section l. 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 5-foot wide alley which runs west from N. Railroad Avenue located between N.E. l0th Avenue and N.E 11th Avenue, Boynton Beach, Palm Beach County, Florida, subject to staff comments and any easements of record, and more particularly described in the attached Exhibit "A." A location map is attached hereto as Exhibit "B." S:\CA\Ordinances~Abandonments~Abandon -5 Ft ROW NE 10th and NE 11th.doc Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. ~TTEST: Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this (o day of ~L~~, 2004. SECOND, FINAL READING AND PASSAGE THIS o~1~ day of 2004. CITY OF BOYNTON BEACH, FLORIDA i~her S:\CA\Ordinances~Abandonments~Abandon -5 Ft ROW NE 10th and NE 11th.doc EXHIBIT "A" A 5-foot alley lying in Block B of Meeks and Andrews Addition to Boynton, as recorded in Plat Book 5, Page 84, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: A 5-foot wide alley running which runs west from N. Railroad Avenue between NE l0th Avenue and NE 11th Avenue in said Block B. S:\CA\Ordinances~Abandonments~Abandon -5 Ft ROW NE lOth and NE 11th.doc 1 in. = 125.0 feet 2 C2 'LOCATION MAP EXHIBIT '.""B "" ~BOYNTON DELRAY ACADEMY 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 5-foot wide alley, which runs west of N. Railroad Avenue located between N.E. 10th ~venue and N.E. 11th Avenue, and more particularly described in the attached 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 lay of January, 2004. ATTEST: ~ty tc~reai2it° STATE OF FLORIDA CITY ~ACH, FLORIDA Bressner, City Manager COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Ianet 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 ;orporation. 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: ,,%~..~,,, ~baxa M. ~adden S:\CA\Ordinances~,bandonments~Abandon -5 Ft ROW NE 10th and NE 11th.doc EXHIBIT "A' A 5-foot alley lying in Block B of Meeks and Andrews Addition to Boynton, as recorded in Plat Book 5, Page 84, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: A 5-foot wide alley running which runs west from N. Railroad Avenue between NE l0th Avenue and NE 11th Avenue in said Block B.