O00-76 (2)ORDINANCE NO.~:00-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A
THIRTY (307 FOOT ROAD RIGHT-OF-WAY (B]'s
WHOLESALE CLUB), SAID PROPERTY BEING MORE
PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER
FOR SAID ABANDONMENT; PROVIDING THAT THE
A'r-FACHED DISCLAIMER BE RECORDED IN THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
PROVIDING FOR CONFLICTS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, Roscoe Biby of Kimley-Horn & Associates, Inc,. as agent for B]'s
Wholesale Club, has requested abandonment of a thirty (30') foot road right-of-way,
located on the Southwest corner of Boynton Beach Boulevard and Winchester Park
Boulevard; and
WHEREAS, comments have been solicited from the appropriate City
Departments; and
WHEREA~, public hearings have been held before the City's Planning and
Zoning Board and the City Commission on the proposed abandonment; and
WHEREAS~ based on the foregoing information, the said road right-of-way
no longer serves any useful purpose.
NOW~ THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida by
and through its City Commission does hereby abandon a thirty (30') foot road right-
of-way, located at the Southwest corner of Boynton Beach Boulevard and
Winchester Park Boulevard and more particularly described herein as Exhibit "A".
Section 2. The Mayor and City Clerk are 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 3. All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
ORB 12277 P§ 1339
Section 4. Should any section or provision of this ordinance or portion
hereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the remainder of this
ordinance. '
Section 5. This ordinance shall become effective
passage.
FIRST READING this /~ day of December, 2000.
SECONDf FINAL READING AND PASSAGE this ~
2001.
immediately upon
day of January,
Mfi'y~r -/ ' ' - ~
Commissioner
EXHIBIT "A"
ORB 12277 Pg 1340
The 30.00 foot Road Right-of-Way lying in Palm Beach Farms Company Plat No. 8,
as recorded in Plat Book 5, page 73, of the Public Records of Palm Beach County,
being described as follows:
Bounded on the North by the South Right-of-Way line of Boynton Beach Boulevard
(S.R. 804), bounded on the East by the West line of Lots C, D, E, Block 4 and Lots A,
B, C, D, E, Block 29, bounded on the West by the East line of Lots C, D, E, Block 5
and Lots A, B, C, D, E. Block 28 and bounded on the South by the Easterly extension
of the South line of Lot E, Block 28, all lying in Palm Beach Farms Company Plat No.
8.
PCN # 08-43-45-30-01-004-0030
and
PC~ # 08-43-45-30-01-028-0010
RetL~rn to: (enclose self-addressed stamped enve!ope)
Name.
Address:
DOROTHY H. WILKEN~ CLEEE PB~ 3~+ !
COUNTY, FL
31:::)
CCI
,'1
BOYNTON BEACH BLVD.
I::1
TO BI INDON~
'REO.
!
City of Boynton Beach
100 E Boynton Beach Blvd
P.O. Box 310
Boynton Beach,Fl 33425
DISCLAIMER
KNOW ALL HEN BY THESE PRESENTS that the City of Boynton
Beach, Florida, a municipal corporation, under the laws of the State of Florida, does
hereby abandon and disclaim a thirty (30~ foot road right-of-way, located at the
Southwest corner of Boynton Beach Boulevard and Winchester Park Boulevard. The
attached composite Exhibit "A" includes the legal description of the property, and
includes a diagram of the specific roadway to be abandoned.
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 ]anuary, 2001.
A~E~:
nn~ Kruse, City Clerk
CITY OJ: BOYNTON .
/ ,,-~o~.. %-? '
STATE
OF
FLORIDA
)
e7
COUNTY OF PALM BEACH ) % ~.' ......... o-~ ~
BEFORE ME, the undersigned a~t~t~, personally
BEACH, FLORIDA
appeared GERALD
BROENING and SUZANNE KRUSE, Mayor 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.
0~ 12277 Pg 1~43
WZTNESS my hand and official seal in the said State and County this __
day of .]anuary, 2001.
My Commission Expires:
NOTARY PUBLIC, State of Florida
.-,~Y.P~/~ Barbara M. Madden
~o- ~ ~Commimion tl~ CC 760467
~,t~L~_~ Expires Ju~ 19 ~2
ur ,-- 4T~BONDNGCO., !~¢
ORB 12277 Pg 1344
EXHIBIT "A"
The 30.00 foot Road Right-of-Way lying in Palm Beach Farms Company Plat No. 8,
as recorded in Plat Book 5, page 73, of the Public Records of Palm Beach County,
being described as follows:
Bounded on the North by the South Right-of-Way line of Boynton Beach Boulevard
(S.R. 804), bounded on the East by the West line of Lots C, D, E, Block 4 and Lots A,
B, C, D, E, Block 29, bounded on the West by the East line of Lots C, D, E, Block 5
and Lots A, B, C, D, E. Block 28 and bounded on the South by the Easterly extension
of the South line of Lot E, Block 28, all lying in Palm Beach Farms Company Plat No.
8.
The City of
Boynton Beach
City Clerk's Office
1 O0 E. Baynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
(561) 742-6060
FAX: (561) 742-6090
February 16, 2001
Joel Kopelman, Navon Kopelman
O'Donnell & Laven
2699 Sterling Road, #B100
Ft. Lauderdale, FL 33312
RE: ORDINANCE #000-076, Exhibit "A", Original Disclaimer and Exhibit "A"
Dear Representative:
Attached please find a recorded copy of the above mentioned ordinance,
disclaimer and Exhibit.
If we can be of any further service, please do not hesitate to contact this office.
Sincerely,
CITY OF BOYNTON BEACH
Sue Kruse, CMC/AAE
City Clerk
C~
Development
Engineering
Planning
Files
"An Equa! Opportunity/Affirmative Action/ADA Employer"
Return to: (enclose self-addressed stamped envelope)
Name
Address:
ORB 1 ;P';:'77 P~I 1345
DOROTHY H. WILKEN, CLERI~ PB COUNTY, FL
The City of
Boynton Beach
Jan-2~-2001 02:08pm ~1--0332~c3
ORIt 12277 Pg 1337
cit~ Cler~'~ Office
100 E. Boynton Beach Boulevard.
P.O. Box 310
Boynton Beach, Florida 33425-0310
(561) 742-6060
FAX: (561) 742-6090
CERTIFICATION
I, JANET M. PRAINITO, CMC, DEPUTY CITY CLERK of the City of Boynton Beach,
Florida, do hereby certify that the attached copy of Ordinance #000-76 consisting
of two pages, Exhibit "A" consisting of one page and a map consisting of one
page 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 pages a copy of
which appears in the records of the City of Boynton Beach, Florida. Exhibit "A"
consisting of one page and a map is attached to the original disclaimer.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH,
FLORIDA, this 17th day of January, 200i.
(~AN~T M. PRAINITO, CMC
'DEPUTY CITY CLERK
January 17, 2001
"An Equal Opportunity/A3'rmatlve Action/ADA Employer"