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R95-176RESOLUTION NO. R95-?P'.~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN ABANDONMENT OF EASEMENT FOR PROPERTY LOCATED IN THE TOWN OF HYPOLUXO, WHICH UTILITY EASEMENT WAS RECORDED IN ORB3495, PAGE 872, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach currently has a utility easement in the Town of Hypoluxo, which was recorded in ORB 3495, page 872, Public Records of Palm Beach County, Florida; and WHEREAS, the property upon which the utility easement is located is in the process of being sold and developed, and staff has determined that the City no longer requires this utility easement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ~ The Mayor and City Clerk are hereby authorized and directed to execute an Abandonment of Easement for the said utility easement, said document being attached hereto as Exhibit "A". _$__ectLo.9_~. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this. ~' day of November, 1995. CITY OF BOYNTON BEACH, FLORIDA Mayor ~/ / Vice Mayor Mayor P..,J'o Tem .~ ATTEST: Prepared by and return to: Albert J. Gamot, Jr., P.A. 811 N. Olive Avenue, #100 West Palm Beach, FL 33401 ABANDONMENT OF EASEMENT This Abandonment of Easement, made and executed this day of November, 1995, by THE CITY OF BOYNTON BEACH, FLORIDA (referred to as "Grantee"). W I TNE S S E TH: W~RREAS, Grantee was the Grantee under an Easement Grant dated September 22, 1980 from Siltasa Corporation for utility purposes over real property located in Palm Beach County, Florida (hereinafter referred to as the "Easement"); and W~R. REAS, the Easement was recorded in Official Record Book 3495, Page 872, of the Public Records of Palm Beach County, Florida; and WHEREAS, Grantee has been requested to abandon the Easement; and WHEREAS, Grantee has determined that the Easement is no longer necessary for utility or other purposes, and that the Easement may be abandoned, terminated and vacated without prejudice to any party. NOW, THEREFORE, for and in consideration of the premises, and other good and valuable considerations, the receipt whereof is hereby acknowledged, the Grantee hereby agrees as follows: 1. Recitations. The foregoing recitations are true and correct and are set forth herein as if set forth a length. 2. Easement Termination. The Easement is hereby abandoned, terminated and vacated and such action shall be memorialized in the Public Records of Palm Beach County, Florida. 3. Warranty. Grantee hereby warrants and represents that it has full power and authority to take the action described above. IN WITNESS WHEREOF, this instrument has been executed the day and year first written above. Signed, Sealed and Delivered in the presence of: Sign~~~~c~ Print: -~ ~£X/ ~A/A/~- <~~ STATE OF FLORIDA COUNTY OF PAT.M BEACH THE CITY OF BOYNTON BEACH The foregoing instrument was ac~owledged before me this lath day of November, 1995, by GERALD TABOR, ~yor of the City of Boston Beach, and as of the City of Boston Beach, who are personally known to me~ m~h~-~-~u~- a~ -~e~t~i~ ~i~ and who did (did not) take an oath. MyCommissionExpires: '"' ...... " EUBANKS ...~.~. ~.~% EVE .=*: :*= MY CO~MISSION # ~C276705 EXP{RES ,,;,.?,~,~,,' 80NDEn THRU TR~¥ FAIN ~NSURANCE Printed Name: Eve Eubanks Notary Public State of Florida at Large