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O98-47~)ec-30-1998 08:02~m 98--509453 ORB iL08~,~ p_~ 7~5 I IIII Ilill Il HIIIIIII! III!1 III IIII111111 IIIII I! IIIIIIII ORDINANCE NO. 6z:J8-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A CERTAIN ALLEY, (LOCATED BETWEEN SE 3RD STREET AND THE FEC RAILROAD TRACKS, SOUTH OF SE 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 ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the applicant, Martin O'Shea, Agent for Robert F. Katz, has requested abandonment of an alley, located, between SE 3rd Street and the FEC railroad tracks, south of SE 1~t Avenue; and W-~.R~.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 COMHISSION 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 an alley, located between SE 3rd Street and the FEC railroad tracks, south of SE 1~t Avenue, and more particularly described in Exhibit "A". 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 All ordinances or parts of ordinances in conflict herewith be ORB 10842 Pg 746 and the same are hereby repealed.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 passage. FIRST READING this I day of ~ , SECOND, FINAL READING AND PA$SA(~E this ~ , 1998. immediately upon 1998. I~- day of C~TY OF BOYNT~w, FLORIDA Mayor ~ /~ . Vice Mayor ' ~ Commissi~er-"-,v, Co mm io.e _ ,. Commissioner A'I-TEST: lerk s:ca\O[d,~ ~ v ~';.0~' 9 ORB 1084:=~ pg 747 EXHIBIT "A" An existing alley between lots 4, 5, &6, Block 11 and Lots 7, 8, 9 Block 11, Town of Boynton, a subdivision as recorded in Plat Book 1, page 23, of the Public Records of Palm Beach County, Florida. ORB ~08~ Pg 748 DISCLAIMER 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 alley, more particularly described herein as Exhibit "A". ~[N Wi~TNESS 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 /7 day of December, 1998. ^-rr s-r: oYr -ro use, City Clerk STATE OF FLOR[DA ) COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authori~, personally appeared JERRY TAYLOR and SUZANNE KRUSE, Nayor and Ci~ Clerk respe~ively, of the Ci~ of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the ~ecution thereof to be their free hand and deed as such o~cers, for the uses and purposes mentioned therein; that they a~xed thereto the o~cial seal of said corporation; and that said instrument is the a~ and deed of said corporation. ORB ~-084~ Pg 749 My Commission Expires: W:ZTNESS my hand and official seal in the said State and County this /~ %ay of December, 1998. NOTARY PUBLIC, State of Florida ~ %Commission ~ CC 7604~7 ~~ Expires July 19, 2002 ~ ~m 80NDED THRU ~ ' ur ,~ ATLANTIC BOND~NG CO ~J,_; ORB 10842 Pg 7~.~0 EXHIBI'F "A" An existing alley between lots 4, 5, &.6, Block 11 and Lots 7, 8, 9 Block 11, Town of Boynton, a subdivision as recorded in Plat Book 1, page 23, of the Public Records of Palm Beach County, Florida. , Boynton Beach 100 E. Bg~hton Beach Boulevard L,// P.o. Box310 Boynton Beach, Florida 33425-0310 City Hall: (561) 375-6000 FAX: (561) 375-6090 ORE( DOROTHY H. WILKEH, CLERI( PB COUNTY, FL CE R TIFI C.4 TI O N I, JANET PRAINITO, DEPUTY CITY CLERK of the City of Boynton Beach, Florida, do hereby certify, that the attached Ordinance #098-47 consisting of three (3) pages and the original disclaimer consisting of three (3) pages 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 22nd day of December, 1998. (SEAL) ~ET PRAINITO DEPVTY CITY CLERK ,,,,,,~?"!~.'?.,,,,,,, December 22, 1998 ~x~.~.~ ~ '///lillilllllt~ RECORDER'S MEMO: Legibility of document unsatisfactory when received. America's Gateway to the Gulfstream ORB 1084~ Pg 751