09-036
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CF'K 200'30285480
OR BK 23401 PG 0593
RECORDED 08/20/2009 08:58:51
Pal. Beach County, Florida
Jharon R. Bock,CLERK & COnPTROLLER
h~" 06"13 - 6%; (4pgs)
ORDINANCE NO. 09- 03<0
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING ABANDONMENT OF AN
UNIMPROVED ALLEY APPROXIMATELY 20 FEET WIDE BY
206 FEET LONG, TOTALING 4,135.4 SQUARE FEET AND
RUNNING NORTH AND SOUTH ADJACENT TO AND
PARALLEL WITH THE FLORIDA EAST COAST RAILROAD,
SUBJECT TO STAFF COMMENTSj AUTHORIZING THE CITY
MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE
RECORDED WITH THIS ORDINANCE IN THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORlDAj AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Beril Kruger of Beril Kruger Planning & Zoning Consultants, agent for
l.R. Watersports, is requesting that the City abandon a portion of a public alley which abuts
the rear of the proposed business located at 725 North Federal Highway, 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 Planning and Development Board, 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
herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, does
hereby abandon an approximately 20 feet wide by 206 feet long portion of the alley running
north and south adjacent to and parallel with the Florida East Coast railroad, subject to staff
comments. The property being abandoned is more particularly described as follows:
A portion of the 20.00 foot alley lying parallel to and adjacent to the following
property, as recorded by the subdivision of Lake Addition to Boynton, as
recorded in Plat Book 11, page 71, and Pence & King addition to Town of
Boynton, as recorded in Plat Book I, Page 50 of the Public Records of Palm
Beach County, Florida. Said lands to be abandoned are described as follows:
That portion of the 20 foot alley right-of-way, bounded on the ea~t,.,w.AAe west
line of Lots 18 thru 21, Block I, of Lake AdditiCft!~'B\ilJhltJ& Yh\Y lt1~ north
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I
1 ORDINANCE NO. 09- 03<0
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING ABANDONMENT OF AN
5 UNIMPROVED ALLEY APPROXIMA TEL Y 20 FEET WIDE BY
6 206 FEET LONG, TOTALING 4,135.4 SQUARE FEET AND
7 RUNNING NORTH AND SOUTH ADJACENT TO AND
8 PARALLEL WITH THE FLORIDA EAST COAST RAILROAD,
9 SUBJECT TO STAFF COMMENTS; AUTHORIZING THE CITY
10 MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE
11 RECORDED WITH THIS ORDINANCE IN THE PUBLIC
12 RECORDS OF PALM BEACH COUNTY, FLORIDA; AND
13 PROVIDING AN EFFECTIVE DATE.
14
15 WHEREAS, Beril Kruger of Beril Kruger Planning & Zoning Consultants, agent for
16 J.R. Waters ports, is requesting that the City abandon a portion of a public alley which abuts
17 the rear of the proposed business located at 725 North Federal Highway. subject to staff
18 comments; and
19
20 WHEREAS, comments have been solicited from the appropriate City Departments,
21 and public hearings have been held before the City's Planning and Development Board, and
22 the City Commission on the proposed abandonment~ and
23
24 WHEREAS, staff finds that the right-of-way no longer serves a public purpose, and
25 the City Commission adopts that finding.
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
29
30 Section 1. The foregoing Whereas clauses are true and correct and incorporated
31 herein by this reference.
32
33 Section 2. The City Commission of the City of Boynton Beach, Florida, does
34 hereby abandon an approximatel) 20 feet \vide by 206 feet long portion of the alley running
35 north and south adjacent to and parallel with the Florida East Coast railroad. subject to staff
36 comments. The property being abandoned is more particularly described as follows:
37
38 A portion of the 20.00 foot alley lying parallel to and adjacent to the following
39 property, as recorded by the subdivision of Lake Addition to Boynton, as
40 recorded in Plat Book 11. page 71. and Pence & King addition to Town of
41 Boynton, as recorded in Plat Book I. Page 50 of the Public Records of Palm
42 Beach County. Florida. Said lands to be abandoned are described as follows:
43
44 That portion of the 20 foot alley right-of-way. bounded on the east by the west
45 line of Lots 18 thru 21. Block I. of Lake Addition to Boynton. and the north
s t:~\Ordlrlances\Abandonments\JR Waters ports doc
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II
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5.00 feet of Lot 19, Pence and King Addition to Boynton; bounded on the west
by the east right-of-way line of the Florida East Coast Railroad right-of-way;
bounded on the north by the westerly extension of the north line of Lot 18,
Block 1, of Lake Addition to Boynton; and bounded on the south by the
westerly extension of the south line of the north 5.00 feet of Lot 19, Pence and
King Addition to Boynton.
Containing 4,135.4 square feet ct
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 ofPa1m Beach County, Florida.
Section 4.
This Ordinance shall take effect immediately upon passage.
2009.
FIRST READING this AL day of Ju..lt ,2009.
SECOND, F1NAL READING AND PASSAGE TH1S !/'!!Jay ot/~tt...J:
CITY OF BOYNTON BEACH, FLORIDA
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(C orporate Seal)
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DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of
Boynton Beach, Florida, does hereby abandon an approximately 20 feet wide by 206 feet long
portion of the alley running north and south adjacent to and parallel with the Florida East Coast
railroad, subject to staff comments. The property being abandoned is more particularly
described as follows:
A portion of the 20.00 foot alley lying parallel to and adjacent to the following
property, as recorded by the subdivision of Lake Addition to Boynton, as recorded
in Plat Book 11, page 71, and Pence & King addition to Town of Boynton, as
recorded in Plat Book I, Page 50 of the Public Records of Palm Beach County,
Florida. Said lands to be abandoned are described as follows:
That portion of the 20 foot alley right-of-way, bounded on the east by the west
line of Lots 18 thru 21, Block I, of Lake Addition to Boynton, and the north 5.00
feet of Lot 19, Pence and King Addition to Boynton; bounded on the west by the
east right-of-way line of the Florida East Coast Railroad right-of-way; bounded on
the north by the westerly extension of the north line of Lot 18, Block I, of Lake
Addition to Boynton; and bounded on the south by the westerly extension of the
south line of the north 5.00 feet of Lot 19, Pence and King Addition to Boynton.
Containing 4,135.4 square feet ct
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 11- day of
AWJ,usr ,2009.
ATTEST:
CITY OF B YNTON BEACH, FLORIDA
.~
Kurt Bressner, City Manager
ST ATE 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
$'ICA\Ordinances\AbandonmantsIJR Walersports.doc
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 l.l.- day of
~~ ,2009.
~Q
NOTARY P BLIC,LS~ate of Florida
My Commission Expires:
NOTARY PUBLlC.STATI OF !'!.ORillA
..."."........ Stephanie D. Kahn
~. }Conmission #DD873790
........",.. Expires: MAY 22, 2013
BONDED TIlRU NIT.MmC BONDDiGCO., mc,
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CI .y Ci ERK'S OFFICE
E ORANDUM
TO: Kurt Bressner
City Manager
FROM: Judith A. Pyle, CMC
Deputy City Clerk
DATE: August 5, 2009
RE: Ordinances That Were ADDroved bv City Commission on Auaust 4, 2009..
Attached are the Disclaimers for the ordinances listed below that past on second reading by the City
Commission at their regular meeting held on August 4, 2009. Please review, sign and return to me for
further processing. Thank you.
ORDINANCE NO. OF DESCRIPTION
# DOCUMENTS
09-035 1 City-initiated request for abandonment of an unimproved
alley right-of-way five (5) feet in width lying between NE
11th Avenue and NE 1ih Avenue, extending east from
North Sea crest Boulevard to an area west of Railroad
Avenue.
09-036 1 Request for abandonment of an unimproved alley
approximately 20 feet wide by 206 feet in length, totaling
4,135 square feet, running north and south adjacent to and
parallel with the Florida East Coast (FEC) Railroad. (J.R
Watersports)
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Attachments
S:\CC\WP\AFTER COMMISSION\City Manager Transmittals\2009\OB-04-09 Ordinances 09-035 and 09-036.doc