O99-04 ORDINANCE NO. ~
AN ORDINANCE OF THE C1TY COMMISSION OF THE
C1TY OF BOYNTON BEACH, FLORIDA, ABANDONING
A CERTAIN EASEMENT SEGMENT, (LOCATED AT 125
SW IsT AVENUE); SAID PROPERTY BEING MORE
PARTICULARLY DESCRIBED HEREIN; AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
'DISCLAIMER FOR SAID ABANDONMENT; PROVIDING
THAT THE AFl'ACHED DISCLAIMER BE RECORDED IN
THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the applicant, Peter Browne, property owner, has requested
abandonment of a segment of an easement, located at 125 SW 1~t Avenue; and
~T~.ZZ~.AS, 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 alley no longer
serves any useful purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLOI~DA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
by and through its City Commission does hereby abandon a segment of an
easement, located at 125 SW 1st Avenue, and more particularly described in
Exhibit "A", subject to utility easements to Boynton Beach Utilities Department,
Florida Power & Light, Bell South and Comcast, included in the attached
Conditions of Approval.
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. All ordinances or parts of ordinances in conflict herewith be
ORB 1
and the same are hereby repealed.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.
passage.
FIRST READING this /? day of ~v~-,v'~,,~',/ , 1999.
SECOND, FTNAL READING AND PASSAGE this ~.~
~,~,~y, 1999.
This ordinance shall become effective immediately upon
day of
Co~msione,r ~ /~
Commissioner
AFl'EST:
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ORB 10930 Pg
1591
EXHIBIT "A"
That portion of a 201foot wide alleyway lying northerly of and adjacent to lots
#35 and #36, Block~2, bounded on the north by the southerly line of lots #:LO
and #1:L, Block :L2, a~nd bounded on the east by the northerly extension of the
easterly line of Lot 36, Block :L2, and bounded on the south by the northerly line
of lots #35 and #36, Block 12, all being and lying in the plat of Boynton Heights
revised plat in Plat Book 10, Page 64 of the Public Records of Palm
Beach County,
REOORDER'S MEMO: Legibility of document
unsatisfactory when received.
EXHIBIT "C"
Conditions of Approval.
Project name: Peter Browne
File number: ABAN 98-006
Reference: Abandonment application dated July 24, 1998.
OR~ 109,,.~;0 i::}g I
DEPARTMENTS INCLUDE I REJECT
PUBLIC woRKs
Comments: None X
UTILITIES X
C, on~ment~ None .
FIRE
Comments: None X
?OLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DMSION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTE1UENVIRONMENTALIST
Comments: None X
PLANNING AND zONING ti '
Comments:
1. All utility easements acceptable to Boynton Beach Utilities Department, X
F. P. & L., Bell South and Comcast are recorded prior to final approval.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
2. None X
ADDITIONAL CITY COMlV[ISSION CONDITIONS
3. To be determined.
j:~I. ii~DATA~LANNiN~Wi,~R.O~i~CT~,BRO~~O~. O~ AI~I~DO~
ORB 109E~0 PQ 1593
_D]]ROTHY H. WILKEN, CLERK PI~ COUNTY, FL
-!
,/
DISCLAIMER
Feb-12-1999 ~:~§pm 99--060-Z5~
ORB 109~0 Pg 1
I i11111111 I!11111 III IIIII Ii J II IN II III II ill il III ! IIII
KNOW ALL MEN 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 segment of an easement, more
parcicularly 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 ~-'~ 1999.
A1-FEST:
City'"Cl~k
OF PALM BEACH
)SS:
CITY OF BOYNTON BEACH, FLORIDA
/ ry/T~ylor~yor
BEFORE ME, the undersigned authority, personally appeared ]ERRY
TAYLOR 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.
My Commission Expires:
WITNESS my hand and official seal in the said State and County this
~'~ ~day of January, 1999.
NOTARY PUBLTC, State of Florida
~__~ .~ Expires JuJ¥
ORB 1 ~m~m~)m p§ -m ~
DOROTHY H. WIL~,EN~ CLER~ PB CDUNTY~ FL
EXHIBIT "A"
That portion of a 20 foot wide alleyway lying northerly of and adjacent to lots
#35 and #36, Block 12, bounded on the north by the southerly line of lots #1D
and #11, Block 12, and bounded on the east by the northerly extension of the
easterly line of Lot 36, Block 12, and bounded on the south by the northerly line
of lots #35 and #36, Block 12, all being and lying in the plat of Boynton Heights
revised plat recorded in Plat Book 10, Page 64 of the Public Records of Palm
Beach County, Florida.
Bbynton Beach
100 E. Boynton Beach Boulevard
P.O. Box310
Boynton Beach, Florida 33425-0310
city Hall' (561) _U'3'oooo 742.6060
FAX: (561)~ 742-6090
Feb-1E-1999 ~:~Spm 99--060-7'55
ORB 109.,..-~I;~ Pg 1588
I illlllllllllllll Ill IIIIIIIIIIIIIlllllllllllllillllllll
CER TIFICA TION
I, SUZANNE M. KRUSE, CITY CLERK of the City of Boynton Beach, Florida, do
hereby certify that attached Ordinance #099-04 consisting of two (2) pages, Exhibit
"A" consisting of (1) page, Exhibit "C" consisting of one (1) page and a map, is a
true and correct copy as it appears 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 5th day of February, 1999.
' SUZFANNE M.
City Clerk
February 5, 1999
America's Gateway to the Gulfstream
TO:
FROM:
DATE:
RE:
MEMORANDUM
MIKE RUMPF
ACTING DIRECTOR OF PLANNING AND ZONING
SUE KRUSE, CITY CLERK
MARCH 12, 1999
ORDINANCE #099-04
Attached please find a copy of the above mentioned ordinance which was recorded in
Palm Beach County on February 12, 1999.
C~
Development
Engineering
Abandonment Index
Orig, in Ordinance Book
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