26-022 ORDINANCE NO. 26-022
1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
2 BOYNTON BEACH, FLORIDA, APPROVING THE ABANDONMENT OF A
3 PORTION OF THE 30' WIDE SE 3RD STREET RIGHT-OF-WAY, LOCATED
4 BETWEEN SE STH AVENUE AND SE 6TH AVENUE; AUTHORIZING THE
5 CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE
6 RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF
7 PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE
8 DATE; AND FOR ALL OTHER PURPOSES.
9
10 WHEREAS,Applicant is requesting the partial abandonment of the SE 3rd Street Right-
11 Of-Way ("ROW") located between SE 5th Avenue and SE 6th Avenue, as recorded in Plat Book
12 1, Page 33 of the Public Records of Palm Beach County, Florida; and
13 WHEREAS, staff has determined that the requested abandonment would not
14 adversely impact traffic or other City functions, and would not adversely impact other adjacent
15 property owners; and
16 WHEREAS,comments have been solicited from the appropriate City Departments,and
17 public hearings have been held before the City Commission on the proposed abandonment;
18 and
19 WHEREAS, staff has determined that the subject right-of-way no longer serves a
20 public purpose and therefore recommends approval of the request, subject to the
21 accompanying conditions.
22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
23 BOYNTON BEACH, FLORIDA THAT:
24
25 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated
26 herein by this reference.
27 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby
28 abandon a portion of the thirty-foot (30') wide SE 3rd Street ROW, located between SE 5th
ORDINANCE NO. 26-022
29 Avenue and SE 6th Avenue, as recorded in Plat Book 1, Page 33 of the Public Records of Palm
30 Beach County. The property being abandoned is more particularly described as follows:
31 A 30.00 FOOT WIDE STRIP OF LAND BEING A PORTION OF THE SE 3RD
32 STREET, LYING IN PENCE SUBDIVISION NO. 1, ACCORDING TO THE PLAT
33 THEREOF AS RECORDED IN PLAT 1, PAGE 33 OF THE PALM BEACH COUNTY
34 RECORDS, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
35 FOLLOWING:
36
37 BEGINNING AT THE SW CORNER OF THE "PARK RESERVE" BLOCK "C",
38 PENCE SUBDIVISION NO 1 OF SAID PLAT, BEING THIS POINT THE
39 INTERSECTION BETWEEN THE EAST RIGHT-OF-WAY LINE OF SE 3RD
40 STREET AND THE NORTH RIGHT-OF-WAY UNE OF SE 6TH AVENUE;
41 THENCE ALONG THE WESTERLY PROLONGATION OF THE NORTH RIGHT-
42 OF-WAY UNE OF SAID S.E. 6th AVENUE, SOUTH 89°38'41" WEST, A
43 DISTANCE OF 30.37 FEET, TO THE WEST RIGHT-OF WAY LINE OF S.E. 3RD
44 STREET; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY UNE
45 NORTH 8°38'41" EAST, A DISTANCE OF 384.74 FEET TO THE WESTERLY
46 PROLONGATION OF THE SOUTH RIGHT-OF-WAY UNE OF S.E. 5TH
47 AVENUE; THENCE NORTH 89°38'41" EAST, A DISTANCE OF 30.37 FEET TO
48 THE EAST RIGHT-OF-WAY UNE OF S.E. 3RD STREET; THENCE SOUTHERLY
49 ALONG SAID EAST RIGHT-OF-WAY UNE OF S.E. 3RD STREET SOUTH
50 8°38'41"WEST,A DISTANCE OF 384.74 FEET TO THE POINT OF BEGINNING.
51
52 THE ABOVE PARCEL OF LAND CONTAINS 11543 SQUARE FEET OR 0.26
53 ACRES MORE OR LESS.
54
55 Section 3. The City Manager is hereby authorized and directed to execute the
56 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
57 of Palm Beach County, Florida.
58 Section 4. This Ordinance shall take effect immediately upon passage.
59 [Signatures on the following page]
60
ORDINANCE NO. 26-022
61 FIRST READING this 1(9 day of Jt y\Q . , 2026.
62 SECOND READING this —1 day of . . 2026.
63
64 CITY OF BOYNTON BEACH, FLORIDA
65
66 YES NO
67
68 Mayor- Rebecca Shelton ✓
69
70 Vice Mayor-Thomas Turkin
71
72 Commissioner-Angela Cruz ✓
73
74 Commissioner- Mack McCray '/-
75
76 Commissioner-Aimee Kelley a�
77
78 VOTE
79
80
81 ATTEST:
82
83 J ,. iii /."IV%d am
84 Tammy Stanzi.ne Rebecca Shelton
85 Interim City Clerk Mayor
86 %eNNTpN1%
87 " 0 •;OFYO '4;.. & ��� APPROVED AS TO FORM:
88 (Corporate S �:• SEAL ��
• `' '-
A,(4/89 = /,�n
90 : INCORPORATED: i
1920 : Shawna Lamb
91 ' City Attorney
FCpRION y'
I hereby certify that this is a true and
correct copy as it appears in the records of
the City of Bo nton Beach.
V.2‘„city Clof(c
Date
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach,
Florida,does hereby abandon a portion of the thirty-foot(30')wide SE 3rd Street right-of-way,located between
SE 5th Avenue and SE 6th Avenue, as recorded in Plat Book 1, Page 33 of the Public Records of Palm Beach
County, Florida. The property being abandoned is more particularly described as follows:
A 30.00 FOOT WIDE STRIP OF LAND BEING A PORTION OF THE SE 3RD
STREET, LYING IN PENCE SUBDIVISION NO. 1, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT 1, PAGE 33 OF THE PALM BEACH COUNTY
RECORDS, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWING:
BEGINNING AT THE SW CORNER OF THE "PARK RESERVE" BLOCK "C",
PENCE SUBDIVISION NO 1 OF SAID PLAT, BEING THIS POINT THE
INTERSECTION BETWEEN THE EAST RIGHT-OF-WAY UNE OF SE 3RD
STREET AND THE NORTH RIGHT-OF-WAY UNE OF SE 6TH AVENUE;
THENCE ALONG THE WESTERLY PROLONGATION OF THE NORTH RIGHT-
OF-WAY UNE OF SAID S.E. 6th AVENUE, SOUTH 89°38'41" WEST, A
DISTANCE OF 30.37 FEET, TO THE WEST RIGHT-OF WAY LINE OF S.E. 3RD
STREET; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY UNE
NORTH 8°38'41" EAST, A DISTANCE OF 384.74 FEET TO THE WESTERLY
PROLONGATION OF THE SOUTH RIGHT-OF-WAY UNE OF S.E. 5TH
AVENUE; THENCE NORTH 89°38'41" EAST, A DISTANCE OF 30.37 FEET TO
THE EAST RIGHT-OF-WAY UNE OF S.E. 3RD STREET; THENCE SOUTHERLY
ALONG SAID EAST RIGHT-OF-WAY LINE OF S.E. 3RD STREET SOUTH
8°38'41"WEST,A DISTANCE OF 384.74 FEET TO THE POINT OF BEGINNING.
THE ABOVE PARCEL OF LAND CONTAINS 11543 SQUARE FEET OR 0.26
ACRES MORE OR LESS.
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 1 day of 5L4ly
2026.
CITY OF BOYNTON BEACH, FLORIDA
/Mitet
(Tammy Stanzio - --1,1".%'‘‘‘TO �`` Daniel Dugger, City anager
Interim City Cl-rk "<O
TON N‘
SEA
UTED;
1N�RPORA i
fel • 1920 •: /
1� •• ••
•.....•
FLO
�`��•`` R��r"
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
BEFORE ME,the undersigned authority,personally appeared by means of Cephysical presence or 0
online notarization, Daniel Dugger, City Manager of the City of Boynton Beach, Florida, known to me to
be the person described in and who executed the foregoing instrument, and acknowledged the execution
thereof to be his free hand and deed as such officer, for the uses and purposes mentioned therein; that he
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 1 i day of
70u ,2026.
NOT Y PUBLIC, State of Florida
My Commission Expires:
•
"�, KEYSIERA DELORME
z/ *:Notary Public-State of Florida
,, ' Commission HH 320778
My Commission Expires
October 10,2028