82-URESOLUTION NO. 82 -- ~
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, VACATING
AND ABANDONING A DEDICATED RIGHT OF WAY
AND RESERVING UTILITY EASEMENTS THEREIN
IN SAID RIGHT OF WAY WHICH IS DESCRIBED
AS THAT PART OF S. W. 2ND STREET LYING
BETWEEN LOT 19 BENSON HEIGHTS SUBDIVISION
AS RECORDED IN Ob R. BOOK 24, PAGE 151
OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY AND LOT 8, WESTCHESTER HEIGHTS
AS RECORDED IN O. R. BOOK 24, PAGE 210
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY
FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A DISCLAIMER FOR SAID
EASEMENT, AND FOR OTHER PURPOSES.
I~RIEREAS, Laura Benson, Carl and Mary Shuhi, the ad-
joining property owners, have requested the abandonment of the
abovementioned right of way.
WHEREAS, comments have been solicited from the appropri-
ate City Department.
WHEREAS, Public Hearings have been held before the City
Planning and Zoning Board, and the City Council on the proposed
abandonment.
WHEREAS, based upon the foregoing information that the
existence of said right of way creates a dangerous traffic sit
uation and creates annoying traffic for a residential district
of the City.
WHEREAS, the proposed abandonment would not affect
any parties' reasonable access to their property.
WHEREAS, the public has no present or future use for
the right of way abandonment hereby outside the maintenance of
utilities.
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, by and
through its City Council, does hereby vacate and abandon a right
of way easement situated and being in the City of Boynton
Beach, expressly reserving the rights enumerated in Section 2,
on a piece of property described as follows:
That part of S. W. 2nd Street lying between
Lot 19, Benson Heights Subdivision, as recorded
in O. R. Book 24, Page 151 of the Public Records
of Palm Beach County, and Lot 8, Westchester
Heights, as recorded in O. R. Book 24, Page 210
of the Public Records of Palm Beach County,
Florida.
Section 2. The City hereby reserves all public
utility easements in the abovementioned property, including
but not limited to:
1)
2)
3)
4)
5)
City water and sewers
Teleprompter Cable T. V.
Electric, Florida Power and Light
Gas, Florida Public Utilities
Telephone,-Southern Bell
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.
Section 4. This Resolution shall become effective
ten (10) days after its final passage.
PASSED AND ADOPTED THIS ~_~ day of ~ ,
1982.
ATTEST
CI~LERK
CITY OF BOYNTON BEACH, FLORIDA
~~TE-,MBE~ > !n _
-2-
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS: That the City of
Boynton Beach, Florida, a municipal corporation under the laws
of the State of F~orida, does hereby abandon and disclaim the
right of way in and to the following-described easement, ex-
pressly reserving all public utility easements in the above-
mentioned property, including but not limited to:
1)
2)
3)
4)
5)
City water and sewers
Teleprompter Cable T. V.
Electric, Florida Power and Light
Gas, Florida Public Utilities
Telephone, Southern Bell
situate, lying and being in the City of Boynton Beach, Palm
Beach County, Florida to-wit:
That part of S. W. 2nd Street lying between
Lot 19, Benson Heights Subdivision, as
recorded in O. R. Book 24, Page 151 of the
Public Records of Palm Beach County, and Lot 8,
Westchester Heights, as recorded in O. R. Book
24, Page 210, of the Public Records of Palm
Beach County, Florida.
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
1982.
(CORPORATE SEAL)
CITY OF BOYNTON BEACH, FLORIDA
BY
Mayor
Attest:
City Clerk
STATE OF FLORIDA )
COUNTY OF PALM BEACH,) ss
BEFORE ME, the undersigned authority, personally
appeared and
Mayor and City Clerk, respectively, of the City of Boynton
Beach, a municipal corporation under the laws of the State of
Florida, to me known to be the persons described in and who
executed the foregoing instrument, and acknowledged the
execution thereof to be their free act and deed as such offi-
cers, for the uses and purposes therein mentioned; 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 day of , 1982.
(NOTARIAL SEAL)
Notary Public
My commission expires:
-2-