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O00-56ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A PORTION OF EAST RAILROAD AVENUE, BETWEEN S.E. :LOTM AVENUE AND S.E. 8TM AVENUE; SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE A DISCLAIMER FOR SAID ABANDONMENT; PROVIDING THAT THE A-I-I'ACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING FOR CONFLICTS, SEVERABILlrTY AND AN EFFECTIVE DATE. WHEREAS, the applicant, Burl Gentry, of Gentry Engineering & 9, Inc,. as agent for Mark Daly, owner of the property, has requested of a portion of East Railroad Avenue, between S.E. :LOth Avenue S,E. 8th Avenue; and ~T~.lZ~.AS, comments have been solicited from the appropriate City ; and WHEREAS, public hearings have been held before the City's Planning and Board and the City Commission on the proposed abandonment; and WHEREAS, based on the foregoing information, the said alley no longer any useful purpose. NOWf THEREFOREf BE I'T ORDA]:NED BY THE CI'TY COMMI'SSi'ON THE CTTY OF BOYNTON BEACH~ FLOR~DA~ THAT: Section 1. The City Commission of the City of Boynton Beach, Florida and through its City Commission does hereby abandon a portion of East Avenue, between S.E. :LOth Avenue and S.E. 8th Avenue, and more y described in Exhibit "A". Section 2. The Mayor and City Clerk are hereby authorized and directed execute and deliver the attached Disclaimer and cause the same to be filed in Public Records of Palm Beach County, Florida. Section 3. All ordinances or parts of ordinances in conflict herewith be ~nd the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion any paragraph, sentence or word be declared by a court of competent urisdiction to be invalid, such decision shall not affect the remainder of this Section 5. This ordinance shall le. FIRST READ%NG this ,f~ day of SECOND, FTNAL READZNG 2000. become effective immediately upon ~/'J~-~z~'~ , 2000. AND PASSAGE this i'/ day of Vice IVlayor IVlayor Pro Tem Commissioner Commissioner APPROVED AS TO FORM,, EXHIBIT "A" That part of East Railroad Avenue lying west of and adjacent to the south half of lOt 13, and all of lots 14, 15 and 16, Block E, Hathaway Park, according to the plat thereof as recorded in Plat Book 13, Page 17 of the Public Records of Palm Beach County, Florida, bounded on the north by westerly extension of the north line of the south half of lot 13, and bounded on the south by the westerly .:xtension of the south of said lot 16. DISCLAIMER KNOW ALL HEN BY THESE PRESENTS that the City of Boynton 3each, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon and disclaim a certain portion of East Railroad Avenue, more particularly described herein as 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 =ity this ~b day of October, 2000. ]lAm 1-EST: (~. BOY~T/JDN/J3EACH, FLORIDA _..~ ~ I~Broening, Mayor / . ~ ~OUN~ OF PALM B~CH BEFORE ME, the undersigned authori~, personally appeared GE~LD BROENING and SU~NNE KRUSE, Mayor and Ci~ Clerk respe~ivelv, of the Ci~ of Bovnton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrumenb and acknowledged the execution thereof to be their free hand and deed as such o~cers, for the uses and purposes mentioned therein; that they a~xed thereto the o~cial seal of said corporation; and that said instrument is the act and deed of said corporation, EXHIBIT "A" rhat part of East Railroad Avenue lying west of and adjacent to the south half of ot 13, and all of lots 14, 15 and 16, Block E, Hathaway Park, according to the ~lat thereof as recorded in Plat Book 13, Page 17 of the Public Records of Palm 3each County, Florida, bounded on the north by westerly extension of the north ine of the south half of lot~ 13, and bounded on the south by the westerly extension of the south of said lot 16.