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R98-130RESOLUTION NO. R98-/~,¢ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A 20 FOOT WIDE ALLEY, 150 FEET IN LENGTH, LOCATED WESTERLY OF LOTS 9, 10 AND 11, BLOCK 1 OF LAKE ADDITION; RESERVING A 20 FOOT WIDE UTILITY EASEMENT TO THE CITY OF BOYNTON BEACH, FLORIDA , BELLSOUTH AND ANY AND ALL OTHER AFFECTED UTILITIES; SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING THAT THIS ABANDONMENT SHALL NOT BE CONSTRUED TO AFFECT ANY EXISTING ACCESS EASEMENT; 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; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Gene Moore, Esq., agent for Stein Faily Limited Partnership, the property owner of land located at 907 North Federal Highway, is requesting abandonment of an unimproved 20 foot wide city alley located westerly of and adjacent to lots 9, 10 and 11, Block 1 of the Lake Additional, Book 11, page 71 of the Public Records of Palm Beach County, Floria; reserving a 20 foot wide utility easement to the City of Boynton Beach, Florida, BellSouth and any and all other affected utilities; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board and the City Commission on the proposed abandonment; and WHEREAS, based on the foregoing information, the said alley to be abandoned no longer serves any useful purpose; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby abandon a 20 foot wide city alley located within blocks 10, 11 and 12 of the Bowers Park subdivision, located westerly of and adjacent to lots 9, 10 and 11, Block 1 of the Lake Additional, Book 11, page 71 of the Public Records of Palm Beach County, Florida; reserving a 20 foot wide utility easement to the City of Boynton Beach, Florida, BellSouth and any and all other affected utilities in the City of Boynton Beach, Florida and depicted on Exhibit "A" attached hereto, subject to staff comments. Section 2. This Resolution shall not be construed to abandon, surrender, dedicate, transfer, or otherwise give away any access easement, whether written or prescriptive, enjoyed by BellSouth and any other recognized utility. Section 3. 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 4. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this ~ day of August, 1998. ATTEST: lerk CITY OF BOYNTON BEACH, FLORIDA ayor Pro Tem l~sioner Commissioner 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 August, 1998. NOTARY PUBLIC, State of Florida My Commission Expires: o~,~,~,~ Barbara M. Madden ~ ~I '~Cornmi~si0n # CC 760467 ~_ ~_~ Expires July 19, 2002 ur ·- ATLAN'I'IC ,gONDING CO., INC. s:ca\wp\Reso\Lake Addition - Stein EXHIBIT "A" All that tract or parcel of land lying in Section 22, Township 45 S, Range 43E, Palm Beach County, State of Florida, consisting of that portion of a 20 foot dedicated alleway lying west and adjacent to Lots 9, 10 and 11, Block 1, Lake Addition, according to the Plat recorded in Plat Book 11 at page 71, of the Public Records of Palm Beach County, Florida, subject to any and all easements or record, reserving a 20 foot utility easement to the City of Boynton Beach and BellSouth and any and all other affected utilities. EXHIBIT "A" All that tract or-parcel of land lying in Section 22, Township 45 S, Range 43E, Palm Beach County, State of Florida, consisting of that portion of a 20 foot dedicated alleway lying west and adjacent to Lots 9, 10 and 11, Block 1, Lake Addition, according to the Plat recorded in Plat Book 11 at page 71, of the Public Records of Palm Beach County, Florida, subject to any and all easements or record, reserving a 20 foot utility easement to the City of Boynton Beach and BellSouth and any and all other affected utilities. Aug-14-1998 03:2~pm ~8--3 1 6544 ORB 1 ~8~:~ Pg ;~4 1 RESOLUTION NO. R98-/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A 20 FOOT WIDE ALLEY, 150 FEET IN LENGTH, LOCATED WESTERLY OF LOTS 9, 10 AND 11, BLOCK 1 OF LAKE ADDITION; RESERVING A 20 FOOT WIDE UTILITY EASEMENT TO THE CITY OF BOYNTON BEACH, FLORIDA , BELLSOUTH AND ANY AND ALL OTHER AFFECTED UTILITIES; SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING THAT THIS ABANDONMENT SHALL NOT BE CONSTRUED TO AFFECT ANY EXISTING ACCESS EASEMENT; 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; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Gene Moore, Esq., agent for Stein Faily Limited Partnership, the property owner of land located at 907 North Federal Highway, is requesting abandonment of an unimproved 20 foot wide city alley located westedy of and adjacent to lots 9, 10 and 11, Block 1 of the Lake Additional, Book 11, page 71 of the Public Records of Palm Beach County, Floria; reserving a 20 foot wide utility easement to the City of Boynton Beach, Florida, BellSouth and any and all other affected utilities; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings ha. ve been held before the City's Planning and Development Board and the City Commission on thc proposed abandonment; and WHEREAS, based on the foregoing information, the said alley to be abandoned no longer serves any useful purpose; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby abandon a 20 foot wide city alley located within blocks 10, 11 and 12 of the Bowers Park subdivision, located westerly of and adjacent to lots 9, 10 and 11, Block 1 of the Lake Additional, Book 11, page 71 of the Public Records of Palm Beach County, Flodda; reserving a 20 foot wide utility easement to the City of ORB 1 0~ Pg :='4~=' Boynton Beach, Florida, BellSouth and any and all other affected utilities in the City of Boynton Beach, Florida and depicted on Exhibit "A" attached hereto, subject to staff comments. Section 2. This Resolution shall not be construed to abandon, surrender, dedicate, transfer, or otherwise give away any access easement, whether written or prescriptive, enjoyed by BellSouth and any other recognized utility. Section 3. 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 4. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this ,~z day of August, 1998. :ATTEST: O-~ N r 04/ .~ CITY OF BOYNTON BEACH, FLORIDA ~sioner Commissioner EXHIBIT "A" All that tract or parcel of land lying in Section 22, Township 45 S, Range 43E, Palm Beach County, State of Florida, consisting of that portion of a 20 foot dedicated alleway lying west and adjacent to Lots 9, 10 and 11, Block 1, Lake Addition, according to the Plat recorded in Plat Book 11 at page 71, of the Public Records of Palm Beach County, Florida, subject to any and all easements or record, reserving a 20 foot utility easement to the City of Boynton Beach and BellSouth and any and all other affected utilities. ORB 1 ~Z~58;2~ Pg ~44 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 20 (20) foot wide alley, located westerly of and adjacent to lots 9, 10 and 11, Block 1 of the Lake Additional, Book 1 I, page 71 of the Public Records of Palm Beach County, Floria; reserving a 20 foot wide utility easement to the City of Boynton Beach, Florida, BellSouth and any and all other affected utilities, more particularly described in Exhibit "A" attached hereto, reserving a 15 foot wide utility easement to the City of Boynton Beach, BellSouth and any and all other affected utilities. 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 Citythis . ATTEST: SuSanne Kruse,'"- City Clerk day of August, 1998. CITY OF BOYNT?N~ FLORIDA Gerald Taylor, M~r~ STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared GERALD 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. WITNESS my hand and official seal in the said State and County this ~ ~ day of August, 1998. NOTARY PUBLIC, State of Florida My Commission Expires: ..<Barbara M. Madden ~I 't~Commi~sion # C[~ 750457 ~ ~ .~ Expires July 19, 2002 T"~ ~"~'~ ~ BONDED THRU OF ~ ATLANTIC BONDING CO,, INC. s:ca\wp\Reso\Lake Addition - Stein EXHIBIT "A" All that tract or parcel of land lying in Section 22, Township 45 S, Range 43E, Palm Beach County, State of Florida, consisting of that portion of a 20 foot dedicated alleway lying west and adjacent to Lots 9, 10 and 11, Block 1, Lake Addition, according to the Plat recorded in Plat Book 11 at page 71, of the Public Records of Palm Beach County, Florida, subject to any and all easements or record, reserving a 20 foot utility easement to the City of Boynton Beach and BellSouth and any and all other affected utilities. .. le -qr ~E I NE ~ RECORDER'S MEMO: Legibility of document unsatisfactory when received. Boynton each J100 E. Boynton Beach Boulevard P.o. Box310 ~, Boynton Beac~ Florida 33425-0310 City Hall: (561) 375-6000 FAX: (561) 375-6090 ORB '1 DOROTHY H. WILKEN~ CLERK PB COUNTY~ FL CER TIFICA TION I, SUZANNE M. KRLTSE, CMC/AAE, City Clerk of the City of Boynton Beach, Florida, do hereby certify, that Resolution #R98-130 consisting of two (2) pages and Exhibit "A" consisting of one (1) page is a true and correct copy as it appears in the records of the CiW of Boynton Beach, Florida. Also attached is the original disclaimer consisting of two (2) pages and Exhibit "A" consisting of one page, plus a highlighted map. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, this 6ta day of August, 1998. SUZANNE M. KRUSE, CMC/AAE CITY CLERK August 6, 1998 info\c e r t i f i c a t i o n.doc America's Gateway to the Gulfstream