10-007
II I
"'UU'l'"'t:l::r:on
'.0 ~'" t"l,,'11
00 QJ I- ~ ... ;;;
1 ORDINANCE NO. 10-007 " 1lI 0 :z:
... 0 ~ tlI -
CJ:o:'tt10 , -
2 0' It) ~ :>:: t.e
-.....)::tl OJ - G =-
3 AN ORDINANCE OF THE CITY OF BOYNTON . 0 .
APPROVING AND ' ~~t,'~ =-
4 BEACH, FLORIDA, ..... g' (')..... we !!!II
! AUTHORIZING ABANDONMENT OF 40-FOOT 0:>0 0 ~"\J)iS ....
5 -J ... <: '" t' t.,
0"'. =' ...... ...1 ".. iiI
6 PORTION OF THE RIGHT-OF-WAY FOR .. n r+ N ITi II> =-
~... s- .
SOUTHEAST FIRST AVENUE LOCATED _ .. """' IS
7 ... S'1;1iS -
GENERALLY WEST OF S.E. 4TH STREET* AND s"""" GlII> .
8 "'Q .........- =-
u::! Q"ll' 0.....1 N .
9 EAST OF THE FLORIDA EAST COAST RAILROAD, m Iool u
...... (") ..,i. u.1 I-' =-
10 SUBJECT TO THE RETENTION OF NECESSARY o 0.'" !)) .
:K 111 n IT'l
"1:l w- -
11 PUBLIC UTILITY EASEMENTS; AUTHORIZING -l ... 'J -
'"
12 THE CITY MANAGER TO EXECUTE A 0 =
r-
13 DISCLAIMER, WHICH SHALL BE RECORDED r-
t"l
'"
14 WITH THIS ORDINANCE IN THE PUBLIC
15 RECORDS OF PALM BEACH COUNTY, FLORIDA;
16 AND PROVIDING AN EFFECTIVE DATE.
17
18
19 WHEREAS, the City has been requested to abandon a forty foot (40') portion of the
20 public right-of-way known as Southeast First Avenue (flk/a Jessamine Street) generally located
21 along the east right-of-way line of the Florida East Coast Railroad to the West right-of-way
22 line of Southeast 4th Street (f/k1a Palmetto Street), subject to the retention of necessary public
23 utility easements; and
24
25 WHEREAS, comments have been solicited from the appropriate City Departments,
26 and public hearings have been held before the City Commission on the proposed
27 abandonment; and
28
29 WHEREAS, staff is recommending this abandonment subject to the City retaining an
30 easement within the abandoned portion of the right-of-way for necessary public utilities, and
31 the City Commission adopts that recommendation, and finds that the abandonment serves a
32 municipal and public purpose, and is in the best interest of the health, safety, and welfare of the
33 citizens and residents of the City of Boynton Beach.
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
36 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
37
38 Section 1. The foregoing Whereas clauses are true and correct and incorporated
39 herein by this reference.
40
41 Section 2. The City Commission of the City of Boynton Beach, Florida, does
42 hereby abandon a forty foot (40') portion of the right-of-way of Southeast First Avenue (flk/a
43 Jessamine Street) from the east right-of-way line of the Florida East Coast Railroad to the
44 West right-of-way line of Southeast 4th Street (f/k1a Palmetto Street), subject to ~r~t6\.n of
45 an easement for necessary public utilities. The property being aban~C<l iil4bo particularly
46 described as follows: S )\in1:l )"l\~ .
47 . crivener's error in title should have read Street instead of Avenue. 1:1\ t:lgo \'\l).Ctl :\0 ^' \,
H:1IJ3'
II I
1 ORDINANCE NO. 10- 007
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING AND
5 AUTHORIZING ABANDONMENT OF 40-FOOT
6 PORTION OF THE RIGHT-OF-WAY FOR
7 SOUTHEAST FIRST AVENUE LOCATED
8 GENERALL Y WEST OF S.E. 4TH STREET* AND
9 EAST OF THE FLORIDA EAST COAST RAILROAD,
10 SUBJECT TO THE RETENTION OF NECESSARY
11 PUBLIC UTILITY EASEMENTS; AUTHORIZING
12 THE CITY MANAGER TO EXECUTE A
13 DISCLAIMER, WHICH SHALL BE RECORDED
14 WITH THIS ORDINANCE IN THE PUBLIC
15 RECORDS OF PALM BEACH COUNTY, FLORIDA;
16 AND PROVIDING AN EFFECTIVE DATE.
17
18
19 WHEREAS, the City has been requested to abandon a forty foot (40') portion of the
20 public right-of-way known as Southeast First Avenue (f/k/a Jessamine Street) generally located
21 along the east right-of-way line of the Florida East Coast Railroad to the West right-of-way
22 line of Southeast 4th Street (f/k/a Palmetto Street), subject to the retention of necessary public
23 utility easements; and
24
25 WHEREAS, comments have been solicited from the appropriate City Departments,
26 and public hearings have been held before the City Commission on the proposed
27 abandonment; and
28
29 WHEREAS, staff is recommending this abandonment subject to the City retaining an
30 easement within the abandoned portion of the right-of-way for necessary public utilities, and
31 the City Commission adopts that recommendation, and finds that the abandonment serves a
32 municipal and public purpose, and is in the best interest ofthe health, safety, and welfare of the
33 citizens and residents of the City of Boynton Beach
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
36 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
37
38 Section 1. The foregoing Whereas clauses are true and correct and incorporated
39 herein by this reference.
40
41 Section 2. The City Commission of the City of Boynton Beach, Florida, does
42 hereby abandon a forty foot (40') portion of the right-of-way of Southeast First Avenue (f/k/a
43 Jessamine Street) from the east right-of-way line of the Florida East Coast Railroad to the
44 West right-of-way line of Southeast 4th Street (f/k/a Palmetto Street), subject to the retention of
45 an easement for necessary public utilities. The property being abandoned is more particularly
46 described as follows:
47 * crivenor's error in title should have read Street instead of Avenue.
II I
1 The forty (40) foot roadway, known as S.E. 1st Avenue (f/k/a Jessamine
2 Street), from the East right-of-way line of the FEC railroad to the West right-
3 of-way line of S.E. 4th Street (f/k/a Palmetto Street) as shown on the Plat of
4 Town of Boynton, as recorded in Plat Book 1, Page 23, Public Records of
5 Palm Beach County, Florida.
6
7 SUBJECT to a utility easement over the South 20 feet thereof for the
8 purpose of installing, constructing, and maintaining all necessary public
9 utilities.
10
11 A location map is attached hereto as Exhibit "A."
12
13 Section 3. The City Manager is hereby authorized and directed to execute the
14 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
15 of Palm Beach County, Florida.
16
17 Section 4. This Ordinance shall take effect immediately upon passage.
18 1:b..
19 FIRST READING this ~ day of~, 2010.
20 :it\
21 SECOND, FINAL READING AND PASSAGE THIS ~day of .8PA.iL.. ,
22 2010.
23
24 CITY OF BOYNTON BEACH, FLORIDA
25 /
26
27
28
29 -.
30
31
32
33
34
35
36
37
38
39
40 ATTEST:
41 ~
42 .
43
44
45
46
I
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of
Boynton Beach, Florida, does hereby abandon a forty foot (40') portion of the right-of-way of
Southeast First Avenue (f/k/a Jessamine Street) from the east right-of-way line of the Florida
East Coast Railroad to the West right-of-way line of Southeast 4th Street (f/k/a Palmetto
Street), subject to staff comments. The property being abandoned is more particularly
described as follows:
The 40 foot roadway, known as S.E. 1st Avenue (f/k/a Jessamine Street),
from the East right-of-way line of the FEC railroad to the West right-of-way
line of S.E. 4th Street (f/k/a Palmetto Street) as shown on the Plat of Town of
Boynton, as recorded in Plat Book 1, Page 23, Public Records of Palm Beach
County, Florida.
SUBJECT to a utility easement over the South 20 feet thereof for the purpose
of installing, constructing, and maintaining all necessary public utilities
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
~,2010.
ATTEST: TON BEACH, FLORIDA
.~
J t M. Prainito, MMC
lty Clerk J
' .
i.
STATE OF FLORIDA ) \j.,
;:';i:"
)ss: :;f
/;..,"
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 IL{.J h day of
TU n'~ ,2010. 0-
tkN}f Q.;1'l
\DTAY.'l: C7/)CSTATE OF FLORIDA NOTARY PUBLIC, Stat fFlorida
.,....."." Catr.lrine Cherry-Guberman My C~~missi~n Ex~ire~: Qj)t-h"'Cli1il~. CJ1€rti -~W.l1€l'1'}tAn
t .~~~.~ (~om.mission # ~D792144
""Co..f, .: E:.mres: MAY 27,2012 WCU{ i~ ~, )A) i;)-
,.;:u .' 1% '.; i, AYrIC BONDING CO" INC.
SOUTHEAST FIRST A VENUE
STREET ABANDONMENT LEGAL DESCRIPTION
The 40-foot roadway, known as S.E. 1st Avenue (fka Jessamine Street), from the East
right-of-way line of the FEC Railroad to the West right-of-way line of S.E. 4th Street (fka
Palmetto Street), as shown on the plat of Town of BOYNTON, as recorded in Plat Book
1, Page 23, Public Records of Palm Beach County, Florida.
Subject to an ingress-egress and utility easement over the South 20 feet thereof.
CITY OF BOYNTON BEACH PUBLIC WORKS DEPARTMENT / ENGINEERING DIVISION
DATE II EXHIBIT "A" I PG. NO.
MAR. 2010
I
i
60.5' 50' ! 50' 50'
20' ALLEY r" ABAND. 20' ALLEY
(Ii Y ORD. 05-053
84.2' 50' 50' 50'
--~-~it_.._-L_._..._~f[.____. TOWN 0 F B 0 YN TON _t.
t-
P.B.25 PG,121 .oj'
C'j :
L,LJ
<{ LOT 11 LOT 12 (j) LOT 8
i 0::'
I SCALE: 1"= 0'
....J
-,
<.( BLOCK 7
IX BLOCK 8 (:)-J
1--
U)
.q:
i 0
U
/-.---
(/)
.-::z: 50' 50'
L1...1
r <r
/9
C1:::: I
I
0
,-} LOT 3 LOT 2 LOT 1 ; LOT 7 LOT 6
t,L
I
I
G.J TOWN OF BOYNTON TOWN 0 B 0 YN T.
I P.B.25 PG.121 P.B.25 PG,121
BLOCK 11 BLOCK 12
I
I
I 20' ALLEY
I
64' 50' 50' 4f.)' 50' 50'
I ~_~_,,-i.-------lifiII-. LOT 9
I LOT 1 0 LOT 11 LOT 12 LOT 8
I BLOCK 11 BLOCK 12
!
I
I
CITY OF BOYNTON BEACH PUBLIC WORKS DEPARTMENT / ENGINEERING DIVISION
DATE EXHIBIT "B" pc. NO.
MAR. 2010
~\ SKETCH OF DESCRIPTION
1\
THIS IS NOT A SURVEY
\
I '
I \ 0 20 40
V I l
I GRAPHC SCALE.
-H-
i
. .
PLAT BOOK 1, PAGe 2J I I
i i
C) I I I
d I
r---20'-~
0:: 132,34' I
---1 I
-
~ i " I b~
)'::'0::' -9"'>0 i "t><
, v
~I-- S...>. 0 o"C) IUJ>-
- Cf) 7&." OJ" I 0::: <(
~6 N ! f-. 5
m J - Icn6
j:U ;;}- - -- - -~-- - --- - ---- _~___~.f~L~~AYENUE . _ ____. _ _ _ ___ _ _ 0 ~ I :r: f-
5:21--.
Q:'Cf) v- (PLATTE:':; AS JESSAMiNE ST.) f g -~ - ---I ~ ~
815 A' I! "
.t><V () & :UJo
'-'"'{ oC)'t N &0 . vi ~/
8 ~v I 7-9. ~
' J'.
0:: 6""
0 I 138.75' 'i
c:
, I I
.... I I !
. . I
I c', .,.:! I
Pl.AT BOOK 1, PAGE 23
PREPARED BY,
Bob Buggee, Inc.
the "SURVEYOR"
P.O, 80X 3887
eG~:co" BEACH. FLORIDA, 33426
SURVEY " MAPP"~G aUS:NESS #6942
561-732- 7877
Dwe # 1206509SK 2 OF' 2 SHEET 2 OF 2
EXHIBIT nlll
i
I
60.5' 50' 50' 50'
20' ALLEY 1-- ABAND. 20' ALLEY
: U) Y ORO. . 05~053
I 84.2' 50' 50' 50'
50' j "T
----------L--.-i2SL..,.,-. TOWN OF B 0 YN TON ..L..
I--
I P.B.25 PG.,21 "t'
I
CJ L.LJ
<r: LOT 11 LOT 12 :CfJ ! LOT 8
0
J Ct:
J SCALE: 1"= O'
-..J
I :00 BLOCK 7
Q:' BLOCK 8 (:;.J
I tn. I
<r !
J 0
J
0
I . I
! (-- I
I U) ;
'I
<:f., I 50'
I L_J i
I <(
I [i! i
I
0
I _J LOT 3 LOT 2 LOT 1 i LOT 7 LOT 6
lL
I
1
(j-J TOWN OF BOYN TON TOWN 0 B 0 YN T.
I
I P.B.25 PG.12l P.B.25 PG.121
BLOCK '11 12
I
I
I 20' ALLEY
I
I
50' 4J;J' 50' 50'
--_.-1--- LOT 9
LOT 10 LOT 11 LOT 12 I LOT 8
!
/ BLOCK 11 BLOCK 12
j
I
}
CITY OF BOYNTON BEACH PUBUC WORKS DEPARTMENT / ENGINEERING DIVISION
DATE EXHIBIT "B" PG. NO,
MAR. 2010
=
... I~ SKETCH OF DESCRIPTION
P
1\
l- i, THIS IS NOT A SURVEY
- I '\
.
- I \
% ~) 0 20 40
)( L.., , """.', ------"1
III
-N..,.. GRAPHIC SCALE
I
"
PLAT BOOK 1, PAGE 23 I I
L20'~
CJ I
25
0::: 132.34' I
--J " I ~
---
~
;;:-0::: -9 t< I
:'>0 ,'(; ltJ .........
~I--. S.;>. 0 o,,() I ltJ ~
G.,V) ~ N ~ I~~
0(5 J '
- 'j(J)LL
(j) ~ - 0
!r0 b .. - --- - --- - -~ - --- .. -<t--- ~.[___i ~r..,AVf!:lU[ .. ~_ __ ___ _.. ____ __ q _, __~ :r j:
0
-I-- ';:j- (PLATTED AS JESSAMINE ST) ~ ~ I ~ g
Cl::V)
gLS I I a:
.' i
~ .. ~o
. 0 ~ . .
,"-,/ S( ()'1.- N 0'0 ' vi ~
~ I ~ ~
Cj 'bv ' -9:.;.,
Q: 6'--
0 ,
e;: 138.75' I
I
I I
I
PLAT BOOK 1, PAGE 23
PREPARED BY,
Bob Buggee. Inc.
the "SURVEYOR"
P.O. BOX 3887
BOYNTON BEAO, FLOiHDA, 33426
SURVEY &: MAPPING BUSINESS ,6S42
561-732-7877
DWG # 1206509SK 2 Or- 2 SHEET 2 OF 2
EXHIBIT "B2"
SOUTHEAST FIRST AVENUE
STREET ABANDONMENT LEGAL DESCRIPTION
The 40-foot roadway, known as S.B. 1 sl Avenue (fka Jessamine Street), from the East
right-of-way line of the FEe Railroad to the West right-of-way line of S.E. 4th Street (fka
Palmetto Street), as shown on the plat of Town of BOYNTON, as recorded in Plat Book
1, Page 23, Public Records ofPalrn Beach County, Florida.
Subject to an ingress-egress and utility easement over the South 20 feet thereof.
CITY OF BOYNTON BEACH PUBLIC WORKS DEPARTMENT / ENGINEERING DIVISION
DATE d EXHIBIT >fA" I PG. NO.
MAR. 2010
EXHIBIT "Cn
r . .--- _.,_._____,_,____," ___,,_ ___"_'__ ._n_..'._.-.___..__.'...". ___._____._,_.,_..~ ...______.,._.___ ._.___m ...."~.~_,.._._.___ _,,_." ,____~_~.".,._'_".__.__ _._ __._Un ___.__,_ . _ _. .
-r---
--
, --
I -_
l --~_
/ --
I FLORIDA ---__
i EAST COAST RA - - '"""--
[. ILROAD - _ _ _
" '"'-IIj.---
I !
, I
i ,_un ---1 i
LO"",,,_ i I:
I
I
I
,
I i.
,
I ~
i lllianl
! i
.
i ~
11\\
iL
"
/ 1
.~. ' i. ~~
"
, . ~~
-->l !
, , I
JI. i
II' mIrq ~. -- 1.. I~ Ii
! i ~ ,.ti II: ~l A NEW MEDICAL OFFICE BUILDING FOR I! '
[81 III1 ""! ~J
' i' i DR MACIA & DR MARIN , ~II ' ,l,' Q. I
Ii {J) I, I ; I', ,) I. ~!~ i ~. I
' "'0 : ' .l fl !II
I ~l~ l,j,\ilillL ~I 115 SE 4th STREET II' h~ I g.
BOYNTON BEACH, FL 33435 I ~I ! ~ :i: ;
I , . dJ
_.0...._