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05-030 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 Railroad Avenue, approximately 30 feet by 77 feet, immediately north of Southeast 5th A venue, west of Lot 11, Block B of Pence Subdivision and east of the Florida East Coast Railroad Right-of-Way, subject to staff comments, and more particularly described in the attached Exhibit "A". IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereun~wg'è1~~:~nds and affixed the seal of the City this cQ r I" . ..,...." It '~. ,.-.,,~",,:.,"_. í' ,'0" '. . "0" day of July, 2005.t¿~iii~.+,;.L.'~'~"?¡~ A TTEST: .'-~ ~~~\{~li~~-<;;ITY OF BOYNTON BEACH, FLORIDA '. ..,;..~ . "K .,' u 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. WITNESS my hand and official seal in the said State and County this A'M day of July, 2005. (C, / " ; /¿~/ ./ NOTARY PUBUC·STA1'E OF FLORIDA N' TARY PUBLIC, State 0 ~ Judith A. Pyle Co~sion # DD421091 / y Commission Expires: . Expll'es: APR. 21, 2009 t./' Bonded T1Im Atlantic Bonding Co., IDe. S:ICAIOrdínanceslAbandonmentsl415 SE 5th Avenue 05-002.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.fI.us www.boynton-beach.org July 20, 2005 MS. SHARON R. BOCK CLERK & COMPTROLLER PALM BEACH COUNTY RECORDING/ABSTRACT P.O. BOX 4177 WEST PALM BEACH FL 33402-4177 ATTN: DAVID GILLESPIE Dear Ms. Bock: RE: ACCOUNT #1031 (4 PAGES) = $36.10 Please record the following four (4) pages as one (1) document: ORDINANCE NO. 05-030 ABANDONING A PORTION Of RAILROAD AVENUE, APPROXIMATELY 30' X 77', IMMEDIATELY NORTH Of SE 5TH AVENUE WEST Of LOT 11, BLOCK B Of PENCE SUBDIVISION &. EAST Of THE fEC RAILROAD RIGHT-Of-WAY (ABAN 05-002) AND DISCLAIMER WITH EXHIBIT "A" If there are any questions or concerns, please do not hesitate to contact me. Thank you. Very truly yours, CITY OF BOYNTON BEACH ~ 'tr¡. p~ anet M. Prainito, CMC City Clerk Attachment S:\CC\WP\PBC recording\ 200S\ABANDONMENTS\Ordinance OS-030.doc America's Gateway to the Gulfstream 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, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached copy of Ordinance 05-030, consisting of four (4) pages, is a true and correct copy as it appears in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 19th day of July 2005. ~'m.P~ NET M. PRAINITO, CMC CITY CLERK s: \CC\ WP\certifications\Ordinances\Certified Ordinance OS-030.doc America's Gateway to the Gulfstream II . 1 ORDINANCE NO. 05- 02>0 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT 5 OF A PORTION OF RAILROAD A VENUE, 6 APPROXIMA TEL Y 30 FEET BY 77 FEET, 7 IMMEDIATEL Y NORTH OF SOUTHEAST 5TH 8 A VENUE, WEST OF LOT 11, BLOCK B OF PENCE 9 SUBDIVISION AND EAST OF THE FLORIDA EAST 10 COAST RAILROAD RIGHT-OF-WAY (ABAN 05-002), 11 SUBJECT TO STAFF COMMENTS; AUTHORIZING 12 THE CITY MANAGER TO EXECUTE A DISCLAIMER, 13 WHICH SHALL BE RECORDED WITH THIS 14 ORDINANCE IN THE PUBLIC RECORDS OF PALM 15 BEACH COUNTY, FLORIDA; AND PROVIDING AN 16 EFFECTIVE DATE. 17 18 19 WHEREAS, Jeanne Heavilin of Salefish Realty, Inc., is requesting on behalf of James 20 Ploen, the abandonment of a portion of Railroad Avenue, approximately 30 feet by 77 feet, 21 immediately north of Southeast 5th A venue, west of Lot 11, Block B of Pence Subdivision and 22 east of the Florida East Coast Railroad Right-of-Way, subject to staff comments; and 23 24 WHEREAS, comments have been solicited from the appropriate City Departments, and 25 public hearings have been held before the City's Community Redevelopment Agency, and the 26 City Commission on the proposed abandonment; and 27 28 WHEREAS, staff has detennined that the roadway provides no public service; and 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 32 33 Section 1. The foregoing Whereas clauses are true and correct and incorporated 34 herein by this reference. 35 36 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby 37 abandon a portion of Railroad A venue, approximately 30 feet by 77 feet, immediately north 0 38 Southeast 5th A venue, west of Lot II, Block B of Pence Subdivision and east of the Florida East 39 Coast Railroad Right-of-Way, subject to staff comments, and more particularly described in the 40 attached Exhibit "A." A location map is attached hereto as Exhibit "B." 41 42 Section 3. The City Manager is hereby authorized and directed to execute the 43 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records 44 of Palm Beach County, Florida. 45 46 Section 4. This Ordinance shall take effect immediately upon passage. S:\CA\OrdínanceslAbandonments\415 SE 5th Avenue 05-00".doc II 1 FIRST READING this ~ day Of~, 2005. 2 3 4 SECOND, FINAL READING AND PASSAGE THIS ~day of July , 5 2005. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 11 12 13 14 15 -~--- 16 17 18 19 ~ðy-J 20 21 22 23 ATTEST: 24 25 26 27 28 S:\CA',QrdinanceslAbandonments\415 SE 5th Avenue 05-002.doc EXHIBIT "A" A portion of Railroad A venue as recorded by Pence Subdivision No. 1 in Plat Book 1, Page 33, of the Public Records of Palm Beach County, Florida, said land to be abandoned are described as follows: That portion of Railroad Avenue described as bounded on the South by the North right-of-way line of S.B. 5th A venue lying west of Lot 11, Block "B" of said Pence Subdivision, being bounded on the West by the East line of the Florida East Coast Railroad right-of-way, being bounded on the North by the North line of said Lot 11, Block "B" extended westward to the said Railroad right-of-way line, and being bounded on the East by the West line of said Lot 11, Block "B" as shown by the Plat of Pence Subdivision No.1, as recorded in Plat Book 1, Page 33, of the Public Records of Palm Bach County, Florida. Subject to a 30 foot utility easement. S:\CA\OrdinanceslAbandonments\415 SE 5th Avenue 05-002.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA 1lÍi\ ß : ,f- PROJECT NAME: Abandonment of a portion of the 3D-foot right-of-wa) (adjacent to 415 SE 5th Avenue) 7 APPLICANT'S AGENT: Salefish Realty APPLICANT'S ADDRESS: 915 S. Federal Hwy., Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5, 2uuo TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a 3D-foot unimproved road right-of-way LOCATION OF PROPERTY: Generally located immediately north of 5th Avenue north, between 415 SE 5th Avenue to the east and the FEC Railroad to the west. 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 Community Redevelopment Agency 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 sought 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 Applicant - 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 forth on Exhibit "C" with notation "Included". 4. The Applicant'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: City Clerk S:\Planning\SHARED\WP\PROJECTS\415 SE 5th Avenue Aban \ABAN 05-002\DO.doc CITY CLERK'S OFFICE MEMORANDUM TO: Wilfred Hawkins Chief Administrative Officer FROM: Janet M. Prainito City Clerk DATE: July 20, 2005 RE: Contracts and Agreements Approved by City Commission on 07/19/05 Attached is an original disclaimer for Ordinance 05-030 that authorized the abandonment of a portion of Railroad Avenue, approximately 30' x 77' immediately north of SE 5th Avenue, west of Lot 11, Block B of Pence Subdivision and east of the FEC Railroad right-of-way for Case ABAN 05-002. The City Commission adopted the Ordinance at their regular meeting. Please sign the disclaimer and return to me for processing. ~ 'tn. p~ Attachment s:\cc\wplafter commiSSion\city manager transmittals\2005\disclaimer _ 07 -20-05.doc