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84-LLRESOLUTION NO. ~-Z~- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, VACATING AND ABANDONING A RIGHT-OF-WAY CONCERNING THE PROPERTY HEREINAFTER DESCRIBED; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID RIGHT-OF-WAY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, St. Mark's Catholic Church, through its agents, as owner of certain property located within the City of Boynton Beach, Florida, has requested the abandonment of the hereinafter described right-of-way; and WHEREAS, comments have been solicited from the appropriat City departments;, and WHEREAS, public hearings have been held before the City' Planning and Zoning Board and City Council on the proposed abandonment; and WHEREAS, based on the foregoing information that said right-of-way no longer serves any useful purpose. NOW, THEREFORE BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The City of Boynton Beach, Florida, by and through its City Council, does hereby vacate and abandon for right-of-way purposes a piece of real property located in the City of Boynton Beach, Florida, to-wit: That part of the street right-of-way as shown on the plat of NORTH BOYNTON, being a subdivision by ROBERT S. MERRITT, Boynton Beach, Palm Beach County, Florida, according to the plat thereof recorded in Plat Book 1, Page 68, of the public records of Palm Beach County, Florida, described as follows: Begin at the Southeast corner of Lot 7 of the said plat of NORTH BOYNTON; thence North (assumed) along the East line of Lots 7 thru 12, inclusive, and along the Northerly extension thereof, 315.83 feet to the North line of a 10 foot street and the North line of said plat of NORTH BOYNTON; thence South 88o33'29'' E., along said North line, 28.01 feet to the East line of the 28 foot street and the East line of said Plat of NORTH BOYNTON; thence South, along'said East line, 315.81 feet to the intersection with the Easterly extension of the South line of said Lot 7; thence North 88°35'27"W., along said Easterly extension, 28.01 feet to the said Point of Beginning. Containing 8,843 square feet, more or less. e Section 2: This vacation and abandonment of the above referenced right-of-way is expressly subject to the granting of an easement over, under and across the north ten (10) feet and south ten (10) feet of the subject property by St. Mark's Catholic Church to the Florida Power and Light Company for public utility purposes. 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 immediatel~ upon passage. PASSED and ADOPTED this 1984. day of ~~ ! ! CITY OF BOYNTON BEACH, FLORIDA MAYOR U VIdE MAYOR / COUNCIL MEMBER CO! R ATTEST CITY ~K (Seal) DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton il Beach, Florida, a municipal corporation under the laws of the i!State of Florida, does hereby abandon and disclaim for right-of-way i !purposes the following described property, situate and located in Palm Beach County, Florida, ~to-wit: That part of the street right-of-way as Shown on the plat of NORTH BOYNTON, being a subdivision by ROBERT S. MERRITT, Boynton Beach, Palm Beach County, Florida, according to the plat thereof recorded in Plat Book 1, Page 68, of the public records of Palm Beach County, Florida, described as follows: Begin at the Southeast corner of Lot 7 of the said plat of NORTH BOYNTON; thence North (assumed) along the East line of Lots 7 thru 12, inclusive, and along the Northerly extension thereof, 315.83 feet to the North line of a 10 foot street and the North line of Said plat of NORTH BOYNTON; thence South 88°33'29'' E., along said North line, 28.01 feet to the East line of the 28 foot street and the East line of Said plat of NORTH BOYNTON; thence South, along said East line, 315.81 feet to the intersection with the Easterly extension of the South line of said Lot 7; thence North 88°35'27"W., along said Easterly extension, 28.01 feet to the said Point of Beginning. Containing 8,843 square feet, more or less. PROVIDED THAT said Disclaimer is expressly subject to and contingent upon the subsequent owner of the subject parcel granting and conveying to the Florida Power and Light Company an easement for public utility purposes over, under and across the north-ten..(I0) feet and the south ten (10) feet of the subject parcel. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach have hereunto set their hands and affixed the seal of the City this /~ day of ~ , 1984. (Seal) (1) THE STATE OF. FLORIDA COUNTY OF PALM BEACH appeared BEFORE ME, the undersigned authority, personally CARL ZIMMERMAN- and BETTY S. BORONI Mayor and City Clerk respectively, of the City. of Boynton Beach, Florida, to me known to be ~he 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 said State and County this 2 nd day of StaGe of FlOrida a~%~.arg~ My Commission Not~ry PuSh;c, S~te of ~or;~a - ~y Com~n~s~on Expires JuJy ~onded Thru ~oy fain- In~urance~ (2)