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17-030 1 ORDINANCE NO. 17-030 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING ABANDONMENT OF A 5 PORTION OF THE 20-FOOT WIDE ALLEY RIGHT OF WAY 6 IMMEDIATELY WEST OF 711 NORTH FEDERAL 7 HIGHWAY AND IMMEDIATELY NORTH OF NORTHEAST 8 6TH AVENUE, MORE PARTICULARLY DESCRIBED 9 HEREIN, SUBJECT TO STAFF COMMENTS; 10 AUTHORIZING THE CITY MANAGER TO EXECUTE A 11 DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS 12 ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH 13 COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE 14 DATE. 15 16 17 WHEREAS, the Boynton Beach Community Redevelopment Agency, Applicant 18 is requesting to abandon a portion of the 20-foot wide alley right-of-way lying between 19 711 North Federal Highway and the FEC Railroad right of way, subject to staff comments; 20 and 21 22 WHEREAS, comments have been solicited from the appropriate City 23 Departments, and public hearings have been previously held before the City's Planning & 24 Development Board, and the City Commission on the proposed abandonments; and 25 26 WHEREAS, staff has determined that the subject portion of the 20-foot wide alley 27 right of way requested to be abandoned does not adversely impact traffic, or affect other 28 adjacent property owners and therefore no longer serves a public purpose, and the City 29 Commission adopts that finding. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 32 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 33 34 Section 1. The foregoing Whereas clauses are true and correct and 35 incorporated herein by this reference. 36 37 Section 2. The City Commission of the City of Boynton Beach, Florida, does 38 hereby abandon a portion of the 20-foot wide alley right-of-way lying between 711 North 39 Federal Highway and the FEC Railroad right of way, subject to staff comments. The 40 property being abandoned is more particularly described as follows: 41 42 A portion of the 20 foot alley lying parallel with and contiguous to the east 43 right-of-way line of the Florida East Coast Railroad and the west line of Lots 44 19 through 22, PENCE & KING ADDITION TO THE TOWN OF 45 BOYNTON, according to the plat thereof, as recorded in Plat Book 1, Page C:\Users\Stanzionel'AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\TQFSZ5NC\711_North_Federal_Highway__Abandonment_ Ordinance.doc 46 50, of the Public Records of Palm Beach County, Florida, as decribed as 47 follows: 48 That portion of a 20 foot alley, bounded on the east by the west line of 49 Lots 19 through 22, bounded on the west by the east right-of-way line of 50 the Florida East Coast Railroad, bounded on the north by the westerly 51 extension of the south line of the north 5.00 feet of Lot 19, and bounded 52 on the south by the westerly extension of the north line of the south 21.5 53 feet of Lot 22, all of PENCE & KING ADDITION TO THE TOWN OF 54 BOYNTON, according to the plat thereof as recorded in Plat Book 1, 55 Page 50, of the Public Records of Palm Beach County, Florida. 56 Section 3. The City Manager is hereby authorized and directed to execute the 57 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 58 Records of Palm Beach County, Florida. 59 60 Section 4. This Ordinance shall take effect immediately upon passage. 61 62 FIRST READING this 17th day of October, 2017. 63 64 SECOND, FINAL READING AND PASSAGE this 74-h day of 65 /9'ere,b er, 2017. 66 67 CITY OF BOYNTON BEACH, FLORIDA 68 YES NO 69 70 Mayor—Steven B. Grant ✓ 71 72 Vice Mayor—Justin Katz 73 74 Commissioner—Mack McCray 75 76 Commissioner—Christina L. Romelus ✓ 77 78 Commissioner—Joe Casello 'V 79 80 81 VOTE• 82 ATTEST: 83 • 01111 84 ,041 85 Jud'+' A. Pyle, CM ' a 3 86 Ci Judi' 87 �o� . 88 (Corporate Seal) aoYN 89 C:\Users\StanzioneTWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\TQFSZ5NC1711_North Federal Highway_—Abandonment_ Ordinance.doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that The City Commission of the City •f Boynton Beach, Florida, does hereby abandon a portion of the 20-foot wide alley right-of- ay lying between 711 North Federal Highway and the FEC Railroad right of way, subject to .taff comments. The property being abandoned is more particularly described as follows: A portion of the 20 foot alley lying parallel with and contiguous to the east right- of-way line of the Florida East Coast Railroad and the west line of Lots 19 through 22, PENCE & KING ADDITION TO THE TOWN OF BOYNTON, according to the plat thereof, as recorded in Plat Book 1, Page 50, of the Public Records of Palm Beach County, Florida, as decribed as follows: That portion of a 20 foot alley, bounded on the east by the west line of Lots 19 through 22, bounded on the west by the east right-of-way line of the Florida East Coast Railroad, bounded on the north by the westerly extension of the south line of the north 5.00 feet of Lot 19, and bounded on the south by the westerly extension of the north line of the south 21.5 feet of Lot 22, all of PENCE& KING ADDITION TO THE TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 50, of the Public Records of Palm Beach County, Florida. N WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, lorida, have hereunto set their hands and affixed the seal of the City this day of , 2017. • TTEST: CITY OF BOYNTON BEACH, FLORIDA udith A. Pyle, CMC Lori LaVerriere, City Manager ity Clerk .TATE OF FLORIDA ) )ss: OUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere and udith A. Pyle, CMC, City Manager and City Clerk respectively, of the City of Boynton :each, Florida, known to me to be the persons described in and who executed the oregoing instrument, and acknowledged the execution thereof to be their free hand and eed as such officers, for the uses and purposes mentioned therein; that they affixed thereto he official seal of said corporation; and that said instrument is the act and deed of said C:\Users\St ionellAppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IES\TQFSZ5NC1711_North Federal_Highway__Abandonment_-_Ordinance.doc corporation. WITNESS my hand and official seal in the said State and County this day of , 2017. NOTARY PUBLIC, State of Florida My Commission Expires: C\Users\StanzioneT'AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.1ES\TOFSZ5NC\711_North Federal_Highway__Abandonment__Ordinance.doc