O99-18Jul-26-1999 02:28pm 99--303966
ORB 11::~§4 p§ 1712
I III E [11 II III I II! II Iff I!1[I I!111 IIII II III II [11 I[111
ORDINANCE NO.<~ 99-/,~
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, ABANDONING THE
REMAINDER OF CORDOVA WAY, AS WELL AS A SERVICE
STREET ABANDONMENT (LOCATED ON WEST OCEAN
DRIVE); SAID PROPERTY BEING MORE PARTICULARLY
DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID
ABANDONMENT; PROVIDING THAT THE A-n-ACHED
DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; PROVIDING FOR
CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE,
WN~:AEA~, the ~::2piican~,
~. vvy:~L, prope~' owner, has ~e;quested
abandonment of a street, originally known as Cordova Way and a service street that
abuts her property at 721 Ocean Drive; and
WHEREASr comments have been solicited from the appropriate City
Departments; and
WHEREAS, public hearings have been held before the City's Planning and
Zoning Board and the City Commission on the proposed abandonment; and
WHEREAS, based on the foregoing information, the said property no longer
serves any useful purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COHMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida by and
through its City Commission does hereby abandon the remainder of a street, originally
known as Cordova Way, (approximately 25~) which runs north and south from Ocean
Drive and adjacent to the west side of Block 13 of Lake Boynton Estates, and a service
street, (approximately 157 bisecting Block 13 and running east and west and adjacent
to the north of the applicant's property, and more particularly described in Exhibit "A",
and depicted on a detailed sketch of the proposed abandonment attached hereto as
Exhibit" "'
B, and subject to Conditions included in Exhibit "C" - Conditions of Approval,
all of which are attached hereto and made a part hereof.
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.
ORB 1 1:::~5~ p§ 1713
Section 3. All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
Section 4. Should any section or provision of this ordinance or portion
hereof, any paragraph, sentence or word be declared by
a
court
of
competent
jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance.
Section 5. This ordinance shall become effective immediately upon passage.
FIRST READING this /,_4' day of ~' , 1999.
SECOND, FINAL READING AND PASSAGE this ~ day of ~y ,
1999.
C~ ,OF BC:YNTQN B~CH, FLORIDA
Vice Hayor
Commissioner.
Co m misg'J~n e r..~/~
Commissioner
A-I-I'EST:
City'Clerk
.,,~.\iti
S: ca~Or~l~tc~t~l~'.~. ,ndonment
LEGAL OESCRIP rION OF AI~NOONED RIGHT,OF.WAY
A PARCEL OF LAND BEING THE EAST 25' OF CORDOVA WAY LYING WEST OF THE WEST UNE OF
LOT 12, BLOCK 13 (AND LYING NORTH OF THE NORTH RIGHT.OF.WAY OF OCEAN AVENUE) AS SHOWN ON
THE PLAT OF LAKE BE}YNTON ESTATES PI. AT 1 AS RECORDED IN PLAT 8OOK 13. PAQE :)2. OF THE
PUBLIC RECORDS OF PALM EIEACI~ COUNTY. FLORIDA TOGET~tER WITH THE SOUTH HALF (S f/2) OF THE
15 FOOT PLAT SERVICE STREET LYING NORTH OF LOT ! 1 AND LOT 12. BLOCK 13 OF SAID PLAT. SKID PARCEL OF LAND BEING MORE PARTICULARLY DESCRtSED AS FOLLOWS:
ALL BEARINGS SHOWN HEREON ARE BASED ON THE PLAT OF ANNORENO ESTATES AS
RECORDED IN PLAT BOOK 88. PAGES 199 & 2l)0 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY.
FLORIDA V~IICH SHOWS THE NORTH RIGHT-OF-WAY OF OCEAN ORIVE AS NORTH 90'00130' WEST,
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 12. BLOCK ~3. OF LAKE BOYNTON
ESTATES PLAT t THENCE NORTH 90'00~O' WEST ALONG THE NORTH RIGHT-OF.WAY OF OCEAN DRIVE
(PLAT; OCEAN AVENUE) 25,00 FEET TO THE SOUTHEAST CORNER OF LOT 12 OF SAID ANNORENO
ESTATES; THENCE NORTH 00°00'00' F~A~T 122.80 FEET ALONG THE EAST LINE OF ~AID LOT 12 OF
ANNORENO ESTATES ALSO BEING THE WEST LINE OF CORDOVA WAY AS SHOWN ON SAIO PLAT OF
ANNORENO ESTATES TO A POINT ON THE SOUTH LINE OF LOT 5 OF SAID ANNORENO ESTATES; I~tENCE
NORTH 79'36'43' EAST 7B,25 FEET ALONG THE SOUTH LINE OF SAID LOT $ OF ANNORENO ESTATES TO A
POINT ON THE NORTHERLY PROJECTION OF LOT 11 BLOCK 13 OF SAID LAKE BOYNTON ESTATES PLAT 1;
THENCE SOUTH oO*l)O'00'" EAST 7.62 FEET TO TH=E, NORTHEAST CORNER OF SAID LOT 11. BLOCK 13. LAKE
BOYNTON ESTATES PLAT 1; THENCE SOUTH 7~'36'43' WEST 50.84 FEETALONG THE NORTH LINE OF
SAID LOTS ! I AND !2. BLOCK 13 OF SAID LAKE BOYNTON ESTATES TO. THE NORTHWEST CORNER OF
LOT 12, BLOCK 13 OF SAID LAKE BOYNTON ESTATES PLAT 1: THENCE SOUTH 00'00~X)" WEST t 1B.76 FEET
ALONG THE WEST LINE OF SAIl) LOT 12. BLOCK 13 OF SAID LAKE BOYNTON ESTATES PLAT 1 TO THE
POINT OF BEGINNING, '
SUBJECT TO A TEN FOOT (10') WIDE EASEMENT (AS NI~ASUREO AT RIGHT ANGLES) FOR FLORIDA
POWER & LIGHT COMPANY PURPOSES ALONG THE WEST BOUNOARY OF THE AFORE DESCRIBED
PARCEL. THE WEST LINE OF SAID TEN FOOT WIDE EASEMENT COINCIDENT WITH THE WEST LINE OF
SAID PARCEL, THE SOUTH TERMINUS OF SAID t0' EASEMENT BEING THE NORTH RIGHT OF WAY LINE OF
OCEAN A. VENUE, AND THE NORTH TERMINUS OF SAID t0' EASEMENT BEING COINCIDENT WITH THE
SOUTH PROPERTY LINE OF LOT 5. ANNORENO ESTATES AS RECORDED IN II, AT BOOK liS, PAGES
SUBJECT TO NO LANDSCAPING OF THE AREA UNDER WHICH BURIED BELL SOUTH TELEPHONE
CABLE EXISTS WHICH IS BEHIND THE HOME AND ACROSS THE RIGHT-OF-WAY.
, ,~CORDER $ MEMO: Legibiiity ofdocumenl.
unsatisfactory vchen r¢~ceived.
LEGAL UESCRIPT ON (.IF ABANDONED F~IGH'r-oI--WAY
A PKRCEL OF LAND BEING THE EAST 25' OF CORDOVA WAY LYING WEST OF THE WEST LINE OF
LOT 12. BLOCK 13 {AND LYING NORTH OF THE NORTH RIGHT.OF-WAY DF OCEAN AVENUEI AS SHOWN ON
THE PLAT OF LAKE BOYNTON ESTATES PLAT 1 AS RECORDED IN PLAT BOOK 13 PAGE 32. OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA TOGETHER WITH THE SOUTH HALF IS 1/2) OF THE
15 FOOT PLAT SERVICE STREET LYING NORTH OF LOT 11 AND LOT 12. BLOCK 13 OF SAID PLAT SAJD PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
ALL BEARINGS SHOWN HEREON ARE BASED ON THE PLAT OF ANNORENO ESTATES AS
WI-CORDED IN PI AT BOOK 68, PAGES 199 & 2gOOF THE PUBLIC RECORDS OF PALM BEACH COUNTY
FLORIDA WHICH SHOWS THE NORTH RIGHT-OF-WAY OF OCEAN DRIVE AS NORTH 90°0(700' WEST
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 12 BLOCK 13, OF LAKE BOYNTON
ESTATES PLAT 1 THENCE NORTH 90'00'00' WEST ALONG THE NORTH RIGHT-OF-WAY OF OCEAN DRIVE
~PLAT = OCEAN AVENUE) 25 00 FEET TO THE SOUTHEAST CORNER OF LOT 12 OF SAID ANNORENO
ESTATES. THENCE NORTH {30'00'00' EAST 122.80 FEET ALONG THE EAST LINE OF SAID LOT 12 OF
ANNORENO ESTATES ALSO BEING THE WEST LINE OF CORDOVA WAY AS SHOWN ON SAID PLAT OF
ANNORENO ESTATES TO A POINT ON THE SOUTH LINE OF LOT $ OF SAID ANNORENO ESTATES. THENCE
NORTH 79'36'43" EAST 76.25 FEET ALONG THE SOUTH LINE OF SAID LOT 5 OF ANNORENO ESTATES TO A
POINT ON THE NORTHERLY PROJECTION OF LOT 11 BLOCK 13 OF SAID LAKE BOYNTON ESTATES PLAT 1;
THENCE SOUTH 00'00'00- EAST 7.62 FEET TO THE NORTHEAST CORNER OF SAID LOT 11. BLOCK 13. LAKE
BOYNTCN ESTATES PLAT 1; THENC;~ SOUTH 7.o'36'43, WEST 50.84 FEET ALONG T~';~ -"~.ORTH LiNE OF
SAID LOTS 11 AND 12 BLOCK 13 O,~' SAID LAKE BOYNTON ESTATES TO THE NOF;'~, :WEST CORNER OF
LOT 12 BLOCK 13 OF SAID LAKE BOYNTON ESTATE~'PLAT 1; THENCE SOUTH 00'0IT00" WEST 119 75 FEET
AL ONO THE WEST LINE OF SAID LOT 12. BLOCK 131DF SAID LAKE BOYNTON ESTATES PLAT 1 TO THE
POINT OF BEGINNING
N
5KETCH OF LEGAL DESCRIPTION
NOT A BOUNDAR1 SURVEY
ANNOR NO
PLAT B(pOK
PAGE 1 p9
I
5
ESTATES
12
Job ["~-
Sketch o£ Legal Desc. o[
a_.bandoned rtRl~t-of-u~¥ I 4/R/q~ I ,'
, I
OCEAN AVENUE
(OCEAN DRIVE).._..........._
l'le~'tda No. 4299
Project name: Mary Wyatt
File number: ABAN 99-002
EXHIBIT "C"
CONDITIONS OF APPROVAL
Reference: 1 st Review, Abandonment File #ABAN 99-002
INCLUDE I REJECT
DEPARTMENTS
PUBLIC WORKS
Comments: NONE
UTILITIES
Comments: NONE
FIRE
Comments: NONE
POLICE
Comments: NONE
ENGINEERING DIVISION
Comments: NONE ,
BUILDING DIVISION
Comments: NONE
PARKS AND RECREATION
Comments: NONE
FORESTER/ENViRONMENTALiST '
Comments: NONE
I
PLANNING AND ZONING
Comments:.
1. Utility easements acceptable to F. P. & L. and Bell South are to be recorded
prior to final approval. Confirm with Bell South that review included the
abandonment as well as landscaping.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS
2. To be determined.
ADDITIONAL CITY COMMISION COMMENTS
3. To be determined.
JA/dim
J:~SHRDATA~Planning~SHARED~.WP~PROJECTS\WYATr MARY~CONDITIONS OF APPROVAL P&D 5-25
ORB I 1:='54 P§ 1717
DISCLAIMER
KNOW ALL I~IEN BY THESE PRESENTS that the City of Boynton
Beach, Florida, a municipal corporation, under the laws of the State of Florida,
does hereby abandon and disclaim a certain 25' street, originally known as
Cordova Way and a 15' service street, 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 July, 1999.
A1 FEST: x~ o~ :o~.~?/~ CITY OF/.BOYNTON B CH FLORID
_ . ~ ~ ,~.._..:._.....,;, ~ ,.. ~ B,T~A , A
~. ,~*=u~.-o '~ .a' //1 //
- /// _ .
~/zanne Kruse, City~l(
~O~
STATE OF FLORIDA
COUN~ OF PALM BEACH
BEFORE ~E, the undersigned authori~, personally appeared GE~LD
BROENING and SU~NNE KRUSE, Mayor ane Ci~' Clerk respectively, of the City
of Boynton Beach, Florida, known to me to be the persons described Jn and who
executed the foregoing instrument, and acknowledged the execution thereof to
be their free hand and deed as such omcers, for the uses and purposes
mentioned therein; that they a~xed thereto the official seal of said corporation;
and that said instrument is the act and deed of said corporation.
08 11~54 P§ l?lS
My Commission Expires:
WITNESS my hand and official seal in the said State and County this
~day of July, 1999.
NOTARY PUBLIC, State of Florida
,,~).~.Y.P~,.,, Barbara M. Madde~'~
Commission ~ CC 7~67
Exp~es July 19, 2002
BONDED THRU
'~ ~F ~ ATLANTIC BONO!~G CO..
P§
LEGAL DESCRIPTION OF ABANI:;)ONED RIGHT,OF.WAY
A PARCEL OF LAND BEING THE EAST 25' OF COROOVA WAY LYING WEST OF THE WEST LINE OF
LOT 12, BLOCK !;3 (AND LYING NORTH OF THE NORTH RIGHT-OF.WAY OF OCEAN AVENUE) AS SHOWN ON
THE PLAT OF LAKE BOYNTON ESTATES I~,AT ¶ AS RECORDED IN PLAT BOOK 13. PAGE 32. OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA TOGETHER WITH THE SOUTH HAt. F (S l/2) OF THE
15 FOOT Pt. AT SERVICE STREET LYING NORTH OF LOT ! ! AND LOT 12. BLOCK 13 OF .~AtD PLAT. SXID PARCEL OF I.AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL BEARINGS SHOWN HEREON ARE BASED ON THE PLAT OF ANNORENO ESTATES AS
RECORDED IN PLAT BOOK 68. PAGES t99 & 200 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY.
FLORIDA VVHICH SHOWS THE NORTH RIGHT-OF-WAY OF OCEAN DRIVE AS NORTH g0'00'00' WEST.
BEGINNING AT THE SOUTHWEST CORNER OF ~AID LOT t2. BLOCK ~3. OF LAKE BOYNTON
ESTATES PI. AT t THENCE NORTH 90'00'00- WEST ALONG THE NORTH RIGHT. OF.WAY OF OCEAN DRIVE
(PLAT ~- OCEAN AVENUE) 25.00 FEET TO THE SOUTHEAST CORNER OF LOT 12 OF SAID ANNORENO
ESTATES; THENCE NORTH 00'00'0(Y' EAST 122.80 FEET ALONG THE EAST LINE OF ~AID LOT 12 OF
ANNORENO ESTATES ALSO BEING THE WEST LINE OF CORDOVA WAY AS SHOWN ON SAIO PI~T OF
ANNORENO ESTATES TO A POINT ON THE SOUTH LINE OF LOT 5 OF SAID ANNORENO ESTATES; THENCE
NORTH 79'36'43' EAST 76.25 FEET ALONG THE SOUTH LINE OF SAID LOT
POINT ON THE NORTHERLY PROJECTION OF LOT
THENCE SOUTH 00°00'00'" EAST 7.62 FEET TO THE NORTHEAST CORNER OF f~AID LOT 11, BLOCK 13. LAKE
BOYNTON ESTATES PLAT 1; THENCE SOUTH 7B'36'43' WE ST 50.84 FEET ALONG THE NORTH UNE OF
~AID LOTS ! ! AND 12. BLOCK 13 OF SAID LAKE BOYNTON ESTATES TO THE NORTHWEST CORNER OF
LOT 12, 8LOCK 13 OF -~AID LAKE BOYNTON ESTATES PLAT 1: THENCE SOUTH 00°00'00" WEST lt9.?& FEET
ALONG THE WEST LINE OF SAID LOT 12. BLOCK 13 OF SAID LAKE BOYNTON ESTATES PLAT ! TO THE
POJNT OF BEGINNING.
SUBJECT TO A TEN FOOT (10) WIDE EASEMENT (AS MEASURED AT RIGHT ANGLES) FOR FLORIDA
POWER & LIGHT COMPANY PURPOSES ALONG THE WEST BOUNDARY OF THE AFORE DESCRIBED
PARCEI~. THE WEST LINE OF SAID TEN FOOT WIDE EASEMENT COINCIDENT WITH THE WEST LINE OF
SAID PARCEL, THE SOUTH TERMINUS OF SAID 10' EASEMENT BEING THE NORTH RIGHT OF WAY LINE OF
OCEAN AVENUE, AND THE NORTH TERMINUS OF SAID t0' EASE~NT BEING COINCIDENT WITH THE
SOUTH PROPERTY LINE OF LOT 5. ANNORENO ESTATES AS RECORDED IN Pt. AT BOOK 88, PAGES
SUBJECT TO NO LANDSCAPING OF THE AREA UNDER WHICH BURIED BELL SOUTH TELEPHONE
CABLE EXISTS WHICH IS BEHIND THE HOME AND ACROSS THE RIGHT, OF.WAY.
1719
RECORDER'S MEMO Leg b ty of document
unsatisfactory when received,
Bofnton Beach
City Clerk's Office
~/I 00 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
(561) 742-6060
FAX: (561) 742-6090
ORB I 1
DOROTHY H. I~ILKEN~ L-I.ERK PB Cfll. JIGY~ FL
CER TIFICA TION
I, JANET PRAINITO, DEPUTY CITY CLERK of the City of Boynton Beach,
Florida, do hereby certify, that attached Ordinance #099-18 consisting of two (2)
pages, and Exhibits A, B and C consisting of three (3) pages, plus the original
disclaimer consisting of two (2) pages, and Exhibit A consisting of one (1) page are
true and correct copies and originals as they appear in the records of the City of
Boynton Beach, Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH,
FLORIDA, this 19th day of July, 1999.
?J~ET PRAINITO
~'-DEPUTY CITY CLERK
July 19, 1999
(SEAL)
".An Equal Opportunity/Affirmative Action/ADA Empbyer"
MEMORANDUM
TO:
NANCY E. BYRNE
ACTING DIRECTOR OF DEVELOPMENT
FROM:
SUE KRUSE, CITY CLERK
DATE:
AUGUST 11, 1999
ORDINANCE #099-18 - ABANDONMENT -
APPLICANT, MARY A. WYATT
Attached please find a copy of the above mentioned abandonment which was recorded in
Palm Beach County on July 26, 1999.
Planning
Abandonment Index File
Subject File
Applicant
j :\shrdata\cc\wpkmemosknancy byme.doc