06-046
Return to: (enclose self-addressed stamped envelope)
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Name
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CF'N 2/1IIi:H3i.Z1:322564
C' ~ OR B K 2..2) 4 11 P G 1202
RECORDED 05/31/2006 16:51:17
Palm Beach County, Florida
Sharon R. Bock,CLERK & COftPTROLLER
Pgs 1202 - 1207; f6pgs)
Address.
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ORDINANCE NO. 06- 0&..1 b
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING ABANDONMENT
OF A PORTION OF AN UNIMPROVED ALLEY
LOCATED BETWEEN NORTHEAST 5TH AVENUE
AND NORTHEAST 6TH AVENUE EXTENDING
APPROXIMATELY 150 FEET WEST FROM
NORTHEAST 3RD STREET, SUBJECT TO STAFF
COMMENTS; 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.
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WHEREAS, Mary Ann Monnin, is requesting the abandonment of a portion of the 10
foot alley located between Northeast 5th Avenue and Northeast 6th Avenue, extending
approximately 150 feet west of Northeast 3rd Street, lying adjacent to Lots 68, 69 and 72-75, all
in the Plat of Arden Park, subject to staff comments; and
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WHEREAS, comments have been solicited from the appropriate City Departments, and
public hearings have been held before the City's Community Redevelopment Agency, and the
City Commission on the proposed abandonment; and
WHEREAS, staff has determined that the subject right-of-way no longer serves a public
purpose as a right-of-way and with the conversion to a 10 foot wide utility easement, it will
adequately serve the utility providers and therefore recommends approval subject to staff
comments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. 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 portion of the 10 foot alley located between Northeast 5th A venue and Northeast 6th
Avenue, extending approximately 150 feet west of Northeast 3rd Street, lying adjacent to Lots
68, 69 and 72-75, all in the Plat of Arden Park, subject to staff comments, and more particularly
described as follows:
That portion of a platted 10 foot wide alley shown on the Plat of Arden
Park, according to the Plat thereof, recorded in Plat Book 2, Page 96 of the
Public Records of Palm Beach County, Florida. Being bounded on the
S:ICA 10rd.nanceslAbandonmentslMonnin .doc
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II
North by the South line of Lots 73, 74, 74A, and 75, bounded on the
South by the North line of lots 68, 69 and 72, bounded on the West by the
West limits of said Plat of Arden Park and on the east by the West Right-
of-Way line ofNE 3rd Street.
Subject to a utility easement over same.
A location map is attached hereto as Exhibit "A."
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.
2006.
Section 4. This Ordinance shall take effect immediately upon passage.
FIRST READING this ko day of --llt ~ ' 2006.
SECOND, FINAL READING AND PASSAGE THIS /'~ay of ~,
CITY OF BOYNTON BEACH, FLORIDA
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"
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 the 10 foot alley located between Northeast 5th Avenue and Northeast 6th
Avenue, extending approximately 150 feet west of Northeast 3rd Street, lying adjacent to Lots
68, 69 and 72-75, all in the Plat of Arden Park, subject to staff comments, and more
particularly described as follows:
That portion of a platted 10 foot wide alley shown on the Plat of Arden
Park, according to the Plat thereot~ recorded in Plat Book 2, Page 96 of the
Public Records of Palm Beach County, Florida. Being bounded on the
North by the South line of Lots 73, 74, 74A, and 75, bounded on the
South by the North line of lots 68,69 and 72, bounded on the West by the
West limits of said Plat of Arden Park and on the east by the West Right-
Of-Way line ofNE 3rd Street
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 ~'k,
day Of~, 2006.
ATTEST: FLORIDA
c/j~{}.~-4a/j Ku
f)' City Clerk
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
isuch 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.
S:ICA 10rdinanceslAbandonmentslMonnin .doc
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WITNESS my hand and official seal in the said State and County this ~ tJ...uay of
may
,2006.
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NOTARY PUBLIC, State of Florida
My Commission Expires:
Ip.\lt.~~.. VAlORIE MOATS
.~li./'~l.\ MY COMMISSION II 00 346198
f ~i'~~/ EXPIRES; September 17, 2008
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S:ICA 10rdi nanceslAbandonmentslMonnin .doc
HATHAWAY PARK
LUAR 06-007
EXHIBIT "A"
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