18-027 R BK. -30227 PG 0303
I{ III 11III 1EHf I II fIII II M RECORDED 11/05/2018 10:57:59
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Palm Beach Count Florida
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9A Sharon R. Bock,C:LFRK'. & COMPTROLLERNS 0308 - 311; (4p3s)
1 ORDINANCE NO. 18-027
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AUTHORIZING ABANDONMENT OF THE UNIMPROVED 10.2-
5 FOOT WIDE ALLEY RUNNING NORTH AND SOUTH FROM
6 NORTHEAST 9TH AVENUE, FOR A DISTANCE OF
7 APPROXIMATELY 148 FEET,MORE PARTICULARLY DESCRIBED
8 HEREIN, SUBJECT TO STAFF COMMENTS; AUTHORIZING THE
9 CITY MANAGER TO EXECUTE A DISCLAIMER,WHICH SHALL BE
10 RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS
11 OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN
12 EFFECTIVE DATE.
13
14
15 WHEREAS, the Boynton Beach Community Redevelopment Agency, Applicant,
16 is requesting to abandon the unimproved 10.2-foot wide alley running north and south from
17 Northeast 9th Avenue, for a distance of approximately 148 feet,to the south end of Lot 2 of
18 the Robert Wells' Subdivision, between Northeast 3rd Street and Railroad Avenue, subject
19 to staff comments; and
20
21 WHEREAS,comments have been solicited from the appropriate City Departments,
22 and public hearings have been previously held before the City's Planning & Development
23 Board, and the City Commission on the proposed abandonments; and
24
25 WHEREAS, staff has determined that the subject portions of the right-of-way
26 requested to be abandoned does not adversely impact traffic, or affect other adjacent
27 property owners and therefore no longer serves a public purpose, and the City Commission
28 adopts that finding.
29
30 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF
31 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
32
33 Section 1. The foregoing Whereas clauses are true and correct and incorporated
34 herein by this reference.
35
36 Section 2. The City Commission of the City of Boynton Beach, Florida, does
37 hereby abandon the unimproved 10.2-foot wide alley running north and south from
38 Northeast 9th Avenue, for a distance of approximately 148 feet,to the south end of Lot 2 of
39 the Robert Wells' Subdivision, between Northeast 3`d Street and Railroad Avenue , subject
40 to staff comments. The property being abandoned is more particularly described as follows:
41
42 A PORTION OF THE PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA,
43 AS RECORDED IN PLAT BOOK 02, PAGE 96, OF THE PUBLIC RECORDS OF
44 PALM BEACH COUNTY, FLORIDA, BEING AN ALLEY 10.20' WIDE, MORE
45 PARTICULARLY DESCRIBED AS FOLLOWS:
46
47 BEGIN AT THE SOUTHWEST CORNER OF LOT 151 OF SAID PLAT,THENCE
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1 ORDINANCE NO. 18-027
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AUTHORIZING ABANDONMENT OF THE UNIMPROVED 10.2-
5 FOOT WIDE ALLEY RUNNING NORTH AND SOUTH FROM
6 NORTHEAST 9TH AVENUE, FOR A DISTANCE OF
7 APPROXIMATELY 148 FEET, MORE PARTICULARLY DESCRIBED
8 HEREIN, SUBJECT TO STAFF COMMENTS; AUTHORIZING THE
9 CITY MANAGER TO EXECUTE A DISCLAIMER,WHICH SHALL BE
10 RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS
11 OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN
12 EFFECTIVE DATE.
13
14
15 WHEREAS, the Boynton Beach Community Redevelopment Agency, Applicant,
16 is requesting to abandon the unimproved 10.2-foot wide alley running north and south from
17 Northeast 9th Avenue, for a distance of approximately 148 feet, to the south end of Lot 2 of
18 the Robert Wells' Subdivision, between Northeast 3rd Street and Railroad Avenue, subject
19 to staff comments; and
20
21 WHEREAS,comments have been solicited from the appropriate City Departments,
22 and public hearings have been previously held before the City's Planning & Development
23 Board, and the City Commission on the proposed abandonments; and
24
25 WHEREAS, staff has determined that the subject portions of the right-of-way
26 requested to be abandoned does not adversely impact traffic, or affect other adjacent
27 property owners and therefore no longer serves a public purpose, and the City Commission
28 adopts that finding.
29
30 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF
31 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
32
33 Section 1. The foregoing Whereas clauses are true and correct and incorporated
34 herein by this reference.
35
36 Section 2. The City Commission of the City of Boynton Beach, Florida, does
37 hereby abandon the unimproved 10.2-foot wide alley running north and south from
38 Northeast 9th Avenue, for a distance of approximately 148 feet, to the south end of Lot 2 of
39 the Robert Wells' Subdivision, between Northeast 3rd Street and Railroad Avenue , subject
40 to staff comments. The property being abandoned is more particularly described as follows:
41
42 A PORTION OF THE PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA,
43 AS RECORDED IN PLAT BOOK 02, PAGE 96, OF THE PUBLIC RECORDS OF
44 PALM BEACH COUNTY, FLORIDA, BEING AN ALLEY 10.20' WIDE, MORE
45 PARTICULARLY DESCRIBED AS FOLLOWS:
46
47 BEGIN AT THE SOUTHWEST CORNER OF LOT 151 OF SAID PLAT, THENCE
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48 S89°54'02"W, ALONG THE NORTH RIGHT OF WAY LINE OF NORTH EAST
49 9TH AVENUE, BEING THE BASIS OF BEARINGS, FOR A DISTANCE OF 10.30
50 FEET TO THE SOUTHEAST CORNER OF LOT 156 OF SAID PLAT; THENCE
51 N07°53'54"E FOR A DISTANCE OF 50.50 FEET TO THE SOUTHEAST CORNER
52 OF LOT 155 OF SAID PLAT; THENCE CONTINUE N07°53'54"E FOR A
53 DISTANCE OF 50.50 FEET TO THE SOUTHEAST CORNER OF LOT 154 OF SAID
54 PLAT; THENCE CONTINUE N07°53'54"E FOR A DISTANCE OF 47.38 FEET TO
55 THE NORTHEAST CORNER OF LOT 154 OF SAID PLAT;THENCE S89°54'00"E,
56 ALONG THE NORTH LINE OF SAID PLAT FOR A DISTANCE OF 10.30 FEET
57 TO THE NORTHWEST CORNER OF LOT 153 OF SAID PLAT; THENCE
58 S07°53'54"W FOR A DISTANCE OF 47.34 FEET TO THE SOUTHWEST CORNER
59 OF LOT 153 OF SAID PLAT; THENCE CONTINUE S07°53'54"W FOR A
60 DISTANCE OF 50.50 FEET TO THE SOUTHWEST CORNER OF LOT 152 OF
61 SAID PLAT; THENCE CONTINUE S07°53'54"W FOR A DISTANCE OF 50.50
62 FEET TO THE POINT OF BEGINNING.
63
64 Section 3. The City Manager is hereby authorized and directed to execute the
65 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public
66 Records of Palm Beach County, Florida.
67
68 Section 4. This Ordinance shall take effect immediately upon passage.
69
70 FIRST READING this 20th day of September, 2018.
71
72 SECOND, FINAL READING AND PASSAGE this /G�h day of
73 Oa-7) b se4r 2018.
74
75 CITY OF BOYNTON BEACH, FLORIDA
76 YES NO
77
78 Mayor- Steven B. Grant
79
80 Vice Mayor-Justin Katz
81
82 Commissioner-Mack McCray
83
84 Commissioner- Christina L. Romelus
85
86 Commissioner-Joe Casello /
87
88 VOTE 5-0
89 ATTEST:
90 a.
91 c /,�1 'T'
92 Judith Pyle, CMC
93 City Cl rk
94
95 (Corporate Seal)
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►'6 - of
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that The City Commission of the City of
Boynton Beach, Florida, does hereby abandon the unimproved 10.2-foot wide alley running
north and south from Northeast 9th Avenue,for a distance of approximately 148 feet,to the south
2nd of Lot 2 of the Robert Wells' Subdivision, between Northeast 3rd Street and Railroad
Avenue, subject to staff comments. The property being abandoned is more particularly
3escribed as follows:
A PORTION OF THE PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA, AS
RECORDED IN PLAT BOOK 02, PAGE 96, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, BEING AN ALLEY 10.20' WIDE, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 151 OF SAID PLAT, THENCE
S89°54'02"W, ALONG THE NORTH RIGHT OF WAY LINE OF NORTH EAST 9TH
AVENUE, BEING THE BASIS OF BEARINGS,FOR A DISTANCE OF 10.30 FEET TO
THE SOUTHEAST CORNER OF LOT 156 OF SAID PLAT;THENCE N07°53'54"E FOR
A DISTANCE OF 50.50 FEET TO THE SOUTHEAST CORNER OF LOT 155 OF SAID
PLAT;THENCE CONTINUE N07°53'54"E FOR A DISTANCE OF 50.50 FEET TO THE
SOUTHEAST CORNER OF LOT 154 OF SAID PLAT; THENCE CONTINUE
N07°53'54"E FOR A DISTANCE OF 47.38 FEET TO THE NORTHEAST CORNER OF
LOT 154 OF SAID PLAT;THENCE S89°54'00"E,ALONG THE NORTH LINE OF SAID
PLAT FOR A DISTANCE OF 10.30 FEET TO THE NORTHWEST CORNER OF LOT
153 OF SAID PLAT;THENCE S07°53'54"W FORA DISTANCE OF 47.34 FEET TO THE
SOUTHWEST CORNER OF LOT 153 OF SAID PLAT; THENCE CONTINUE
S07°53'54"W FOR A DISTANCE OF 50.50 FEET TO THE SOUTHWEST CORNER OF
LOT 152 OF SAID PLAT; THENCE CONTINUE S07°53'54"W FOR A DISTANCE OF
50.50 FEET TO THE POINT OF BEGINNING.
IN 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 Dck day of
00_,N0\0e..C-, 2018.
ATTEST: CITY OF BOYNTON BEACH, FLORIDA.� .i,.;•m' tt,
I a 14 4 .,i6, % .,
e • y
.-u' A. Pyle, CMC/ + ';' �
Lo aVerriere, City Manager ; ;
Cit Clerk
9, 15.1 .4 i-. . e
STATE OF FLORIDA !tii,'1,4..40 3 . 4.•
COUNTY 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
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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 of C\ day of
p , 2018.
e am-7 L71 (1 ���.>t,G�r►
NOTARY PUIC, State of Fl i
My Commission Expires: ?j- 5-\• 9
47 TAMMY L STANZIONE
MY COMMISSION#FF213683
Wil',' EXPIRES March 25.2019
(4C7?398.,53 floridallo;a•yServico coni
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DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that The City Commission of the City of
oynton Beach, Florida, does hereby abandon the unimproved 10.2-foot wide alley running
orth and south from Northeast 9th Avenue,for a distance of approximately 148 feet,to the south
-nd of Lot 2 of the Robert Wells' Subdivision, between Northeast 3rd Street and Railroad
venue, subject to staff comments. The property being abandoned is more particularly
.escribed as follows:
A PORTION OF THE PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA, AS
RECORDED IN PLAT BOOK 02, PAGE 96, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, BEING AN ALLEY 10.20' WIDE, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 151 OF SAID PLAT, THENCE
S89°54'02"W, ALONG THE NORTH RIGHT OF WAY LINE OF NORTH EAST 9TH
AVENUE, BEING THE BASIS OF BEARINGS, FOR A DISTANCE OF 10.30 FEET TO
THE SOUTHEAST CORNER OF LOT 156 OF SAID PLAT;THENCE N07°53'54"E FOR
A DISTANCE OF 50.50 FEET TO THE SOUTHEAST CORNER OF LOT 155 OF SAID
PLAT; THENCE CONTINUE N07°53'54"E FOR A DISTANCE OF 50.50 FEET TO THE
SOUTHEAST CORNER OF LOT 154 OF SAID PLAT; THENCE CONTINUE
N07°53'54"E FOR A DISTANCE OF 47.38 FEET TO THE NORTHEAST CORNER OF
LOT 154 OF SAID PLAT;THENCE S89°54'00"E,ALONG THE NORTH LINE OF SAID
PLAT FOR A DISTANCE OF 10.30 FEET TO THE NORTHWEST CORNER OF LOT
153 OF SAID PLAT;THENCE S07°53'54"W FOR A DISTANCE OF 47.34 FEET TO THE
SOUTHWEST CORNER OF LOT 153 OF SAID PLAT; THENCE CONTINUE
S07°53'54"W FOR A DISTANCE OF 50.50 FEET TO THE SOUTHWEST CORNER OF
LOT 152 OF SAID PLAT; THENCE CONTINUE S07°53'54"W FOR A DISTANCE OF
50.50 FEET TO THE POINT OF BEGINNING.
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
, 2018.
A 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
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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 day of
, 2018.
NOTARY PUBLIC, State of Florida
My Commission Expires:
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