90-OORESOLUTION NO. 90-~d)
A RESOLUTION OF THE CITY ~SSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF BOYNTON LAKES BOULEVARD, A PUBLIC RIGHTS-
OF-WAY, SITUATED IN BOYNTON LAKES, PLAT NO. 1, SAID
PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN;
AUTHORIZING THE MAYOR AND CITY CI,~K TO EXECUTE A
DISCLAfMER.~DR SAID STREET; PROVIDING THAT THE
~ACHED DISCLAIMER BE RECORDED IN THE PUBLIC
PdDCORDS: OF PALM BEACH COUNTY, FLORIDA; PROVIDING
AN EFF~IVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, Vincent Finizio, as Engineering DepartmentAdministrator
for the City of Boynton Beach, Florida, has requested abandonment of the herein-
after described public street; and
WHEREAS, comments have been solicited fram the appropriate City
Departments; and
WHEREAS~ public hearings have been held before the City's Planning
and Zoning Board and the City Cc~mission on the proposed abandonment; and
WHEREAS, based upon the foregoing information, said public street
no longer serves any useful purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMqISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The City of Boynton Beach, Florida, by and through its
City Commission, does hereby vacate and abandon for public street purposes
certain real property located in the City of Boynton Beach, Florida, to wit:
A raised continuous landscaped median 504 feet in
length, 12 feet znwidth, located centerline of the
80 foot public rights-of-way, Boynton Lakes Boulevard,
situatedwlthin Plat #1, Boynton Lakes, a P.U.D., in
Section 8, Township 45 south, Range 43 east as duly
recorded in the records of Palm Beach County, Book 40,
pages 127 thru 130. said median (not shown on Plat
document) begins at a point 25 feet east of the east
right-of-way of Congress Avenue and extends a distance
of 504 feet along the centerline of Boynton Lakes
Boulevard; a public rights-of-way.
Section 2: The Mayor and City Clerk are hereby authorized and
~irected to execute and deliver the attached Disclaimer and cause the same to
be filed in the Public Records of Palm Beach County, Florida.
section 3: This Resolution shall take effect in~ediately upon
passage.
PASSED AND ADOPTED this
.. day of
,1990.
ATTEST
Cit~Clerk
(Corp. Seal)
CITY OF
B~, F~R~A
Mayor
DISCLAIMER
/
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach,
lorida, a municipal corporation, under the laws of the State of Florida, does
hereby abandon and disclaim for public street purposes, the following described
property, situated and located in Palm Beach County, Florida, tow it:
A raised continuous landscaped median 504 feet in
length, 12 feet in width, located centerline of the
80 foot public rights~of-way, Boynton Lakes Boulevard,
situated within Plat ~1, Boynton Lakes, a P.U.D., in
Section 8, Township 45 south, Range 43 east as duly
recorded in the records of ,Palm Beach County, Book 40,
pages 127 thru 130. Said median (not shown on Plat
document) begmns at a point 25 feet east of the east
right-of-w-ay of Congress Avenue and extends a distance
of 504 feet along the centerline of Boynton Lakes
Boulevard; a public rights-of-way.
IN WITNESS WHEREOF, the duly authorized officers of the City of
~oynton Beach, Florida, have hereunto set their hands and affixed the seal of
the City this ~ day of
1990.
State of Florida )
ss
County of Palm Beach )
Mayor GENE MOORE
THE CITY OF BOYNTON BEACH
BEFORE ME, the undersigned authority, personally appeared
GENE MOORE and SUZANNE M. KRUSE
~ayor and City Clerk respectively, of the City of Boynton Beach, Florida,
cnown 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 MYHAND and official seal in the said State and County
__day of March
NOTARY PUBLIC, STATE~/FLORIDA
My Cc~misslon Expires:
My Commission Expires O~t. 2~, ~
PERP~ MAINTENANCE AGRE~gMENT H.O.A.
PLAT #1, BOYNTON LAKES
The undersigned, Mr. Robert Orlando, a duly authorized representative of
Boynton Lakes, Hcmeowners Association for Plat #1, Boynton Lakes, situated in
Boynton Beach, Florida, hereby agrees to perpetuallymaintain the "LANDSCAPED
MEDIAN" located in Plat #1, specifically described as follows:
A raised continuous landscaped median, 504 linear feet in length, 12 feet in
width, located centerline of the 80 foot rights-of-way, Boynton Lakes Boulevard
situated in Plat #1, Boynton Lakes, a P.U.D., in section 8, township 45 south,
range 43 east, as duly recorded in the records of Palm Beach County, Book 40,
pages 127 thru 130. Said median begins at a point 25 feet east of the east
rights-of--way of Congress Avenue, and extends a distance of 504 feet along the
centerline of Boynton Lakes Boulevard, a public rights-of-way.
I, Robert Orlando, President of Hc~neowners .Association for Plat #1, Boynton
Lakes, my current address being #9 Mayfair Lane, Boynton Beach, Florida, 33462
(Lantana Post Office) hereby accepts full re~oonsibility, in the name of the
Hcmeowners Assocation, for. Plat #1, Boynton Lakes to perpetually maintain the
aforen~ntioned landscaped raised median in strict cOmPliance with landscaped
ordinances and approved landscaped plans as described in the City of Boynton
Beach, Code of Ordinances. Furthermore, the Homewoners Association of Boynton
Lakes, Plat #1 hereby acknowledges, by the free hand ofthe undersigned officer,
that it shall bear all legal fees, administrative fees and all other costs
realized as a result of any incident, occurrence, accident, property'.toss-or
injury to the general public or anyperson, as a result of the Homeowners
Association of Plat #1, perpetually maintaining said raised landscaped median,
without recourse to the City of Boynton Beach, Florida. The Homeowners
Association of Beynton Lakes Plat #1, is hereby bound to this agreement, made
by their president on theirbehalf.
Robert Orlando
President - Boynton Lakes Plat #1
On behalf of the Homeowners of Boynton Lakes, Plat #1
Witness
Witness, my hand and official seal
the Sta~f Florida
this~ day
RECORD VERIFIED
PALM BEACH COUNTY, FLA,
JOHN B. DUNKLE
CLEEK CIRCU IT COURT
NOTARY PiJBLIC STATE OF FLORIDA
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