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ORDINANCE NOi~>,99- ~.~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING ABANDONMENT OF A 20 FOOT
WIDE SEGMENT OF NE 4TM STREET, BETWEEN
BOYNTON BEACH BOULEVARD AND NE 3RD
AVENUE; BEING MORE PARTICULARLY
DESCRIBED HEREIN; AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A DISCLAIMER
FOR SAID ABANDONMENT; PROVIDING THAT
THE ATTACHED DISCLAIMER BE RECORDED IN
THE PUBLIC RECORDS OF PALM BEACH COUNTY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Donna West of Carnahan, Proctor & Cross, Inc., agent for
Gary P. Eldestein of Boynton Federal Development, Inc. property owner, has
requested the abandonment of a portion of the NE 4th Street right-of-way located
between Boynton Beach Boulevard and NE 3rd Avenue; 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, based on the foregoing information, the said portion of NE 4m
Street no longer serves any useful purpose.
NOW, THEREFORE~ BE IT RESOLVED BY THE CITY COMMISSION
OF THE cTrY OF BOYNTON BEACH, FLORZDA THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
by and through its City Commission, does hereby abandon a portion of NE 4th
Street right-of-way located between Boynton Beach Boulevard and NE 3rd
Avenue, subject to staff and utility company comments.
Section 2. The Mayor and City Clerk are hereby authorized and directed
to execute and deliver the attached Disclaimer and cause the same to be filed in
the Public Records of Palm Beach County, Florida.
Section 3. This Ordinance shall take effect immediately upon passage.
FIRST READING this _4' day of ~--~-~ , 1999.
ORB
SECOND, FINAL READING AND PASSAGE THIS /~' day of October,
1999.
ATTEST:
Ci~Clerk ..,.. ,
· \\\\\~l~, IIit,itlI
:.?'"'-',( NTO~, //~/
'" ~ ..'-0''~ '0". 0 ~
ClTY C~OYNTON BF_,ACH, FLORIDA
~ice Mayor. / /
Nayor Pro Tem
~mm~ner /
Commissionor ~-
A portion of that certain 20.00 foot right-of-way lying between blocks 7 and 8 of
"Roberts Addition to the town of Boynton Beach" as recorded in plat book one at page
51 of the public records of Palm Beach County, Flodda, being more particularly
~,~escribed as follows:
Begin at the northwest comer of lot 2 of said block 8; thence run south 00 degrees 00
minutes 00 seconds west along the west line of said block 8 for a distance of 289.99
feet to a point lying on the north right-of-way line. of Boynton Beach Boulevard; thence
run north 88 degrees 55 r~inutes 15 seconds w~st along said nc~'th line for a distance
of 20.00 feet; thence run north 00 degrees, 00 minutes 00 seconds.east along the east
line of said block 7 for a distance of 289.99 feet to the northeast comer of said block
7; hence run south 88 degrees 55 minutes 15 seconds east along the south right-of-
way line of Northeast 3"~ Avenue for a distance of 20 feet to the point of beginning.
AVE ,i.
5th
ROBERT
WELL'S
~SU8.(II.~)
PENCE &
KINGS ADD TO
BOYNTON
(I-50)
($.R
804 )
4th
28
ROBERT
~{)YNTON
(l~'51 ~
D~ 11~2~ P§ 829
DISCLAIMER
KNOW ALL HEN 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 20 foot wide portion of NE z~th Street, between
Boynton Beach Boulevard and NE 3rd 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 City this :,~/ day of October, 1999.
ATTEST:
City Clerk
STATE OF FLORIDA
CITY OF BOYNTON. BEACH, FLORIDA
' Gerald Broening,
COUNTY OF PALM BEACH )
S:ca\disclaimer\Eckerds
BEFORE ME, the undersigned authority, personally appeared GERALD
Broening and SUZANNE KRUSE, Mayor 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 October, 1999.
NOTARY PUBLIC, State of Florida
My Commission Expires:
~ ~bam M?{~adden
~.g. ~ BONDED TH~'~''
'¢ OF ~' AT[,~tC BONDING ~]C,
A portion of that certain 20.00 foot right-of-way lying between blocks 7 and 8 of
"Roberts Addition to the town of Boynton Beach" as recorded in plat book one at page
51 of the public records of Palm Beach County, Florida, being more particularly
described as follows:
Begin at the northwest comer of lot 2 of said block 8; thence mn south 00 degrees 00
minutes 00 seconds west alOng the west line of said block 8'for a distance of 289.99
feet to a point lying on the north right-of-way lineof Boynton'Beach Boulevard; thence
run north 88 degrees 55 r~inutes 15 seconds west along' said north line for a distance
of 20.00 feet; thence run north 00 degrees, 00. minutes 00 seConds east along the east
line of said block 7 for a distance of 289.99 feet to the northeast comer of said block
7; hence run south 88 degrees 55 minutes 15 seconds east along the south right-of-
way line of Northeast 3"~ Avenue for a distance of 20 feet to the point of beginning.
,The City of
Bofnton Beach
City Clerk's Office
I00 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
(561) 742-6060
FAX: (561) 742-6090
ORB I 1 .~+ ::::. .,r+ pg 8~ 1
DOROTI-IY H. WI~EN~ CLERK PB COUNTY, FL
CE R TIFI CA TI 0 N
I, SUZANNE M. KRUSE, CITY CLERK of the City of Boynton Beach~ Florida, do
hereby certify that the attached copy of Ordinance #099-32 of the Code of
Ordinances, consisting of two (2) pages, Exhibit "A" consisting of one (1) page and a
map with the property control, are true and correct copies, as they appear in the
records of the City of Boynton Beach, Florida.
Also attached is the original disclaimer consisting of one (1) page and Exhibit "A".
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH,
FLORIDA, this 22nd day of October, 1999.
SU~ZANNE M. KRUSE, ~VIC/AAE
CITY CLERK
October 22, 1999
RECORDER'S MEMO: Legibility of document
unsatisfactory when received.
'~. ~g.a/ Opportunity~Affirmative Action/ADA Employer"
DEVELOPMFNT ORDER OF THE CITY COMMISSION OF THE
L Y OF BOYNTON BEACH, FLORI[' .
PROJECT NAME: Eckerd Drugstore abandonment
APPLICANT'S AGENT: Donna West; Carnahan, Proctor & Cross, Inc.
APPLICANT'S ADDRESS: 6101 W Atlantic Blvd, Margate, FL 33063
DATE OF CITY COMMISSION PUBLIC HEARING: October 5, 1999
TYPE OF RELIEF SOUGHT: Street abandonment
LOCATION OF PROPERTY: NW corner of Boynton Beach Boulevard and Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, FIodda 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:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
X HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
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".
The Applicant's application for relief is hereby
X GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
¢' City Clerk
J:~SHRDATA~PIanning",SHAREDWVP~PROJECTS\ECKERD DRUGSTORE ABAN~DEVELOPMENT ORDER CC 10-.5-99.doc
EXHIBIT "B"
· oject name: Eckerd Abandonment
le number: ABAN 99-003
Conditions of Approval
DEPARTMENTS
CITY ATTORNEY
Comments: NO OBJECTION (VERBAL RESPONSE)
ENGINEERING DIVISION
Comments:
1. No objection subject to approval from all other utilities.
UTILITIES
Comments:
2. Relocate all existing water and sewer lines to a new utility easement in
accordance with the approved site plan.
BELLSOUTH TELEPHONE COMPANY
Comments:
3. Reimburse to locate existing facilities and grant an easement for same.
Reimbursement for relocation shall be arranged between the utility and
applicant.
FLORIDA PUBLIC UTILITIES COMPANY
Comments:
Reimburse to locate existing facilities and grant an easement for same.
Reimbursement for relocation shall be arranged between the utility and
applicant.
FLORIDA POWER AND LIGHT
Comments:
INCLUDE
X
X
X
X
X
REJECT
Reimburse to locate existing facilities and grant an easement for same. X
Page 2 ~)f2 t,, (
Eckerd Abandonment
DEPARTMENTS INCLUDE REJECT
Reimbursement for relocation shall be arranged between the utility and
applicant.
PLANNING AND ZONING
Comments:
6. The conditions of all utility companies shall be addressed prior to final X
approval of the abandonment.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
7. None X
ADDITIONAL CITY COMMISSION CONDITIONS
J:\SHRDATA\PLANN1NG~,SHARED",WP~PROJECTS\ECKERD DRUGSTORE ABANkCOND. OF APPROVAL CC 10-5-99.DOC