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HECURDED t'012'3,'2007 14:03:30
Paln Beach County. Florida
fhiHon R. Bock, CLERK & COlfPTROLLER
Fqa 1681 - 1685; lSpgg)
ORDINANCE NO. 07- 0(3.'"1
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING ABANDONMENT
OF A PORTION OF RAILROAD AVENUE RIGHT-OF-
WAY APPROXIMATELY 30 FEET WIDE BY 484 FEET
LONG, LOCATED EAST OF THE F.E.C. RAILROAD
BETWEEN SE2ND AVENUE AND SE 4TH A VENUE
(ADJACENT TO 399-417 SE 4TH AVENUE), SUBJECT
TO STAFF COMMENTS; AUTHORIZING THE CITY
MANAGER TO EXECUTE A DISCLAIMER, WHICH
SHALL BE RECORDED WITH THIS ORDINANCE IN
iRE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Jeff Tomberg is requesting that the City abandon a 30 feet wide by 484
feet long portion of the Railroad Avenue right-of-way located east of the F.E.C. railroad
between Southeast 2nd Avenue and Southeast 4th Avenue (adjacent to 399-417 SE 4th Street),
subject to staff comments; and
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 finds that the right-of-way no longer serves a public purpose, and the
City Commission adopts that finding.
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
33 III 11~;:ei:n by- this r~fercl1ce.
34
35 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby
36 abandon a 30 feet wide by 484 feet long portion of the Railroad Avenue right-of-way located
37 east of the F.E.C. railroad between Southeast 2nd Avenue and Southeast 4th Avenue (adjacent to
38 399-417 SE 4th Street), subject to staff comments. The property being abandoned is more
39 particularly described as follows:
40
41 That portion of Railroad Avenue being described as bounded on the south by the
42 south line of Lot 6, Block "B" (extended westerly); bounded on the north by the
43 north line of Lot 3, Block "B" (extended westerly); bounded on the east by the west
44 line of Lots 3, 4, 5 and 6, Block "B"; bounded on the west by the east right-of-way
45 line of the Florida East Coast Railroad right-of-way, all as shown by the Plat on
S:\C rdinances\Abandonments\Railroad Avenue.doc
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Pence Subdivision No.1; as recorded in Plat Book 1, Page 33, of the Public Records
of Palm Beach County, Florida.
AND
That portion of Railroad A venue being described as bounded on the south by the
south line of Lot 6, (extended westerly); bounded on the north by the north line of
Lot 5 (extended westerly); bounded on the east by the west line of Lots 5 and 6;
bounded on the west by the east right-of-way line of the Florida East Coast Railroad
right-of-way, all as shown by the Plat of Sunset Court; as recorded in Plat Book 11,
Page 29, of the Public Records of Palm Beach County, Florida.
Said lands lying in the city of Boynton Beach, Palm Beach County, Florida,
containing approximately 0.33 acre (14,503 square feet) more or less.
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.
Section 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this ~ day of OcrOBER, 2007.
S:IC rdinanceslAbandonmentslRailroad Avenue.doc
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2007.
SECOND, FINAL READING AND PASSAGE THIS -.lLdayof OCTDBt=;R..,
ATTEST:
.~
S:ICA rdinanceslAbandonmentslRailroad Avenue.doc
CITY OF BOYNTON BEACH, FLORIDA
..".-....
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Commissioner - Carl McKoy
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City
of Boynton Beach, Florida, does hereby abandon a 30 feet wide by 484 feet long portion of
the Railroad Avenue right-of-way located east of the F.E.C. railroad between Southeast 2nd
Avenue and Southeast 4th Avenue (adjacent to 399-417 SE 4th Street), subject to staff
comments. The property being abandoned is more particularly described as follows:
That portion of Railroad Avenue being described as bounded on the south by the
south line of Lot 6, Block "B" (extended westerly); bounded on the north by the
north line of Lot 3, Block "B" (extended westerly); bounded on the east by the
west line of Lots 3, 4, 5 and 6, Block "B"; bounded on the west by the east right-
of-way line of the Florida East Coast Railroad right-of-way, all as shown by the
Plat on Pence Subdivision No.1; as recorded in Plat Book 1, Page 33, of the
Public Records of Palm Beach County, Florida.
AND
That portion of Railroad Avenue being described as bounded on the south by the
south line of Lot 6, (extended westerly); bounded on the north by the north line of
Lot 5 (extended westerly); bounded on the east by the west line of Lots 5 and 6;
bounded on the west by the east right-of-way line of the Florida East Coast
Railroad right-of-way, all as shown by the Plat of Sunset Court; as recorded in
Plat Book 11, Page 29, of the Public Records of Palm Beach County, Florida.
Said lands lying in the city of Boynton Beach, Palm Beach County, Florida,
containing approximately 0.33 acre (14,503 square feet) more or less.
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
ATTEST:
,2007.
CITY OF BOYNTON BEACH, FLORIDA
Janet M. Prainito
City Clerk
Kurt Bressner, City Manager
S:ICA IOrdinanceslAbandonmentslRail road Avenue .doc
STATE OF FLORIDA
)
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Janet M. 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 _ day of
,2007.
NOTARY PUBLIC, State of Florida
My Commission Expires:
S:ICA IOrdinanceslAbandonmentslRaiiroad Avenue.doc
Exhibit "A" - Location Map
ABAN 07-004, ABAN 07-005
SE 3RDAVENUE
40 20 0
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80 120 160
'Feet
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Joseph t.1, Tucker. P.L-S.
_EXHIBIT "B"
BOUNOARY SURVEYS
MORTGAGE SURVEYS
CONSTRUCTION LA rOUT
219 S.E. 23rd AVENUE -' P.O. BOX 759 . BOYNTON BEACH, FLORIDA 33435
BOYNTON BEACH Phone (561) 737-6546 . Fax (561) 734~7546
PORTION OF RAILROAD A VENUE
AND S.E. 4 TH. A VENUE
TO BE ABANDONED
A PORTION OF RAILROAD AVENUE, AS RECORDED BY PENCE SUBDIVISION NO. I, IN PLAT BOOK 33, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF S.E. 4 TH. A VENUE, AS RECORDED
BY THE PLAT SUNSET COURT, IN PLAT BOOK 11, PAGE 33, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
SAID LANDS TO BE ABANDONED ARE DESCRIBED AS FOLLOWS;
THA T PORTION OF RAILROAD A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF
LOT 6, BLOCK "B", (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY THE NORTH LINE OFLOT 3, BLOCK "B",
(EXTENDED WESTERLY); BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 3, 4, 5, AND 6, BLOCK "B",
BOUNDED ON THE WEST BY THE EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD RIGHT OF
WAY, ALL AS SHOWN BY THE PLAT OF PENCE SUBDIVISION NO. 1; AS RECORDED IN PLAT BOOK 1, PAGE 33, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
AND
THA T PORTION OF RAILROAD A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF
LOT 6, (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY THE NORTH LINE OF LOT 5, (EXTENDED
WESTERLY); BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 5, AND 6, BOUNDED ON THE WEST BY THE
EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY, ALL AS SHOWN BY THE
PLAT OF SUNSET COURT; AS RECORDED IN PLAT BOOK 11, PAGE 29, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
AND
THAT PORTION OF S.E. 4 TH. A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE NORTH LINE OF
LOT 6 AND 7; BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOT 4 AND 5; BOUNDED ON THE EAST BY THE
EAST LINE OF LOTS 4, AND 7, (EXTENDED); BOUNDED ON THE WEST BY THE EAST RIGHT OF,WAY LINE OF
RAILROAD AVENUE, ALL AS SHOWN BY THE PLAT OF SUNSET COURT; AS RECORDED IN PLAT BOOK 11, PAGE
29, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
lHEREBY CERTIFY THAT THE DESCRIPTION AND THE ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN '
ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G176, FLORIDAAQMINISlRATIVE CODE, SETFORJ'H
BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO SECTION 472;027, FLORIDA; I
STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS THE .
SIGNATURE AND THE ORIG~AL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, TIllS DRAWING,
SKETCH, P AT OR MAP IS FOR INFORMATION PURPOSES O~ Y AND IS NOT VALID
, ~ 5. """'I- /cf' 2
DAlE OS; 47
ISlEREDL SURVEYO NO. 3285 LB 2102 . Joe Tucker
STAlE OF FLORIDA
. NOTE: TIllS IS NOT A SKETCH OF SURVEY, BUT ONI.. Y A GRAPHIC DEPICTIONS
OF THE DESCRIPTION SHOWN HEREON, THERE HAS BEEN NO FIELD WORK
VIEWING OF THE SUBJECT PROPERlY, OR MONUMENTS SET IN CONNECTION. .
WIlli THE PREPARATION OF 1BIS JNFORMATION SHOWN HEREON.
NOTE: LANDs SHOWN HEREON WERE NOT ABSTRACTED BY THE SURVEYOR
FOR RlGHTS OF WAYS, EASE11ENTS OR RESERVATIONS OF RECORD
PhOlle:
'Boca (561) 391-4388
Boynton (561) 737-6548
FAX (561) 734-7546
JOSEPH M. TUCKER. P.L.S.
219 S.E. 2310 Ave. - P.O. Box 759
Boynton Beach, FL 33435
EXHIBIT "e"
Conditions of Approval
Project Name: Abandonment of a segment of the 30-foot right-of-way of Railroad A venue
File Number: ABAN 07-005
DEPARTMENTS INCLUDE REJECT
. PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
1. The abandonment of this 30-foot unimproved right-of-way (Railroad X
Avenue) shall be so designated on a required new boundary plat prior to the
issuance of a Land Development permit for future development of the
property.
2. As required after site plan approval, the proposed new development shall X
generate and submit a boundary record plat (as a minimum) to reflect the
area contained therein, the easements for utilities and storm drainage
systems, the abandonment(s) of right-of-ways (after action by the City
Commission via ordinances), L.A.E. 's, access location(s), etc.
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments: None X
PUBLIC UTILITY PROVIDERS
Comments:
3. Should there be any relocation or adjustments of Bellsouth's facilities X
associated with this project, those costs would be the responsibility of the
property owner.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WP\PROJECTS\SE 4'"" Street & RR ABAN\ABAN 07-005 RR Ave\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Railroad Avenue Abandonment (ABAN 07-005)
Mr. Jeff Tomberg for 4th Street LLC
626 SE 4th Street, Boynton Beach, FL 33435
APPLICANT'S AGENT:
AGENT'S ADDRESS:
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 16, 2007
TYPE OF RELIEF SOUGHT: Request to abandon a segment of the 30-foot right-of-way of Railroad
Avenue
LOCATION OF PROPERTY: West of SE 4th Street, between SE 2nd Avenue and SE 4th Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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\SE 4th Street & RR ABAN\ABAN 07-005 RR Ave\DO.doc
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Pence Subdivision No.1; as recorded in Plat Book 1, Page 33, of the Public Records
of Palm Beach County, Florida.
AND
That portion of Railroad A venue being described as bounded on the south by the
south line of Lot 6, (extended westerly); bounded on the north by the north line of
Lot 5 (extended westerly); bounded on the east by the west line of Lots 5 and 6;
bounded on the west by the east right-of-way line of the Florida East Coast Railroad
right-of-way, all as shown by the Plat of Sunset Court; as recorded in Plat Book 11,
Page 29, of the Public Records of Palm Beach County, Florida.
Said lands lying in the city of Boynton Beach, Palm Beach County, Florida,
containing approximately 0.33 acre (14,503 square feet) more or less.
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.
Section 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this ~ day of OcrOBER, 2007.
S:IC rdinanceslAbandonmentslRailroad Avenue.doc
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