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09-011 Return to: (enclose self-addressed stamped envelope) IIIIIII~IIIIIIUIIIIIU'II Name: Address: eFN 20090042182 OR BK 23069 PG 0461 RECORDED 02/06/2009 14:39:14 Pal. Beach County, Florida Sharon R. Bock,CLERK & COKPTROLLER Pqs 0461 - 463; (3pgs) ORDINANCE NO. 09-011 c) 1 C) n:-':; '-D =i-< 2 M -< c:., 3 AN ORDINANCE OF THE CITY OF BOYNTON ex:>> ("") -., 4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT - .--03 W J.'.........) ~d~ . 5 OF AN UNIMPROVED PORTION OF RAILROAD ;:~ ;; A VENUE APPROXIMA TEL Y 15 FEET WIDE AND 45 .." C1)-1 6 :x o~ 7 FEET LONG, LOCATED WEST OF THE FEC - "TJ .. "'11~ 8 RAILROAD RIGHT-OF-WAY AND APPROXIMATELY CJ1 ~~ 0 9 SO FEET SOUTH OF NORTHEAST 12 TH A VENUE, ("') :r 10 SUBJECT TO STAFF COMMENTS; AUTHORIZING 11 THE CITY MANAGER TO EXECUTE A DISCLAIMER, 12 WHICH SHALL BE RECORDED WITH THIS 13 ORDINANCE IN THE PUBLIC RECORDS OF PALM 14 BEACH COUNTY, FLORIDA; AND PROVIDING AN 15 EFFECTIVE DATE. 16 17 18 WHEREAS, Peter Blacklock of Ruden, McClosky, agent for Habitat for Humanity i 19 requesting that the City abandon a portion of Railroad A venue located west of the FEC Railroa 20 right-of-way and approximately 50 feet south ofN.E. Ith Avenue, subject to staff comments' 21 and 22 23 WHEREAS, comments have been solicited from the appropriate City Departments. an 24 public hearings have been held before the City's Planning and Development Board, and the Cit 25 Commission on the proposed abandonment; and 26 27 WHEREAS, staff finds that the right-of-way no longer serves a public purpose, and the 28 City Commission adopts that finding. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 0 31 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 32 33 Section 1. The foregoing Whereas clauses are true and correct and incorporate 34 herein by this reference. 35 36 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby 37 abandon an approximately 15 feet wide by 45 feet long portion of the Railroad Avenue right-of- 38 way located west of the F.E.C. railroad right-of-way approximately 50 feet south of N.E. Ith 39 A venue, subject to staff comments. The property being abandoned is more particularly 40 described as follows: 41 42 The west 15.0 feet of that portion of the 65 foot Right-of-Way for Dixie Highway 43 (now Railroad A venue) lying east of and adjacent to Lot 2, Block 10, Happy 44 Home Heights, according to the Plat thereof as recorded in Plat Book 11, Page 30, 45 Public Records of Palm Beach County, Florida, bounded as follows: on the North S:\CA dinances\Abandonments\Habitat for Humanity doc II 1 by the Easterly extension of the North line of said Lot 2 and on the South by the 2 Easterly extension of the South Line of said Lot 2. 3 4 Containing 681 square feet ::l:: 5 6 Section 3. The City Manager is hereby authorized and directed to execute th 7 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Record 8 of Palm Beach County, Florida. 9 10 Section 4. This Ordinance shall take effect immediately upon passage. 11 FIRST READING this 1U:L day of Jo...llo. ''t' 2009. JIll 12 13 14 SECOND, FINAL READING AND PASSAGE THIS Lday of FebrUA.fl' 15 2009. 16 17 CITY OF BOYNTON BEACH, FLORIDA 18 L~ 19 20 tfiyor -: J Tor,." _.- 21 II ,,/ 22 23 24 25 26 27 I 28 29 30 31 /- 32 L-,..- 33 ATTEST: 34 Yn. R~ 35 36 37 38 39 40 (Corporate Seat) S:ICA dinanceslAbandonmentslHabitat for Humanity doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon an approximately 15 feet wide by 45 feet long portion ofthe Railroad Avenue right-of-way located west of the F.E.C. railroad right-of- way approximately 50 feet south of N.E. lth Avenue, subject to staff comments. The property being abandoned is more particularly described as follows: The west 15.0 feet of that portion of the 65 foot Right-of-Way for Dixie Highway (now Railroad Avenue) lying east of and adjacent to Lot 2, Block 10, Happy Home Heights, according to the Plat thereof as recorded in Plat Book 11, Page 30, Public Records of Palm Beach County, Florida, bounded as follows: on the North by the Easterly extension of the North line of said Lot 2 and on the South by the Easterly extension of the South Line of said Lot 2. Containing 681 square feet ::l:: 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 c:I flb.. day of Fe.bro.o..c1 ,2009.,,,, ATTEST: "C"" CITY ~,;:","'" 'tn ,~."~~ff'~~:Y":h " )l . Ji' - ,~;" >' .' ' ~':~ ~ft j~')~~~";~:' , ::,;::, ~,' :~-t ~:: :j ,. };\<<~o;',~;::j~~lfrrBressner, City Manager " " ,.' I':E~~!(;:;:' 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 i-If n day of _~"eb(uJJw \.{ ,2009. /1 {LtJ' , i ' , I t ~ '~( '-' ' / r " / .I. _ ,~' '- '~ ^}lLt' 1 NOTARY PUBLIC, State' fFlorida My Commission Expires: NOTARY PUBUC-STATE OF FLORIDA ~"""""" Catherine Cherry-Guberman SICAIOrdinanceslAbandonmentslHabitat for Humanity,doc E ~ ~ Commission # DD792144 """ ,i Expires: MAY 27, 2012 #1,'It" BONDED THR\l ATLANTIC BONDING CO., INC.