LEGAL APPROVAL
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RESOLUTION NO. 88 (!.c,c,
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A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
ABANDONING A TEN FOOT WIDE ALLEY
RESERVING UNTO THE CITY A UTILITY
EASEMENT; THE ALLEY RUNS WEST 110 FEET
FROM N.E. 3RD STREET APPROXIMATELY 120
FEET NORTH OF BOYNTON BEACH BOULEVARD,
SAID PROPERTY BEING MORE PARTICULARLY
DESCRIBED HEREIN; AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A DISCLAIMER
FOR SAID ROAD ALLEY; PROVIDING THAT THE
ATTACHED DISCLAIMER BE RECORDED IN THE
PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES..
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WHEREAS, Robert A. Bentz, as agent for owner of said
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property, has requested the abandonment of the hereinafter
described Ten (10) foot wide alley; and
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WHE.REAS ,
comments have been solicited from the
appr~priate City Departments; and
WHEREAS, public hearings have been held before the
City's Planning and Zoning Board and the City Commission on
the proposed abandonment; and
WHEREAS, based on the foregoing information, the said
alley no longer serves any useful purpose.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1:
The City of Boynton Beach, Florida, by
and through its City' Commission, does hereby abandon a
certain ten (10) foot alley subject to the reservation of a
utility easement in favor of this City, located in the City
of Boynton Beach, Florida, attached hereto as Exhibit "A".
Section 2:
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.
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EXHIBIT "A"
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Being that portion of the 10 foot wide
alley lying between Lots 7, 8 and 9 ,
ARDEN PARK, ADDITION TO BOYNTON,
FLORIDA, as shown on the Plat thereof
recorded in Plat Book 2, Page 36, Public
Records of Palm Beach County, Florida.
Said alley bounded on the north by the
south line of said Lot 9; on the south
by the north lines of Lots 7 and 8; on
the east by the westerly right-of-way
line of N.E. 3rd Street and on the west
by the east line of Lot 1, C. w . COPPS
ADDITION TO BOYNTON, as shown on the
Plat thereof, recorded in Plat Book 7,
Page 56, Public Records of Palm Beach
County, Florida.
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MEMORANDUM
August 5, 1988
TO: Mr. Jim Golden
Senior City Planner
FROM: Torn Clark
City Engineer
RE: R.O.W. Abandonment Request for 10 ft. alley in Arden Park
Forwarded herewith are responses received from Utility Companies
regarding the subject alley.
1. Letter from Florida Public Utilities, dated July 26, 1988
2. Letter from Florida Power & Light, dated July 27, 1988
3. Letter from Comcast Cablevision, dated July 27, 1988
4. Letter from Southern Bell, dated August 1, 1988
Predicated on the response from Florida Power'&Light Company,
Southern Bell and Comcast Cable, who occupy the subject alley,
it is recommended that the alley be retained as a utility ease-
ment if it is abandoned.
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Torn Clark
TAC/ck
attachments
cc: Betty Boroni, City Clerk
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MEMORANDUM
July 11, 1988
TO: BETTY BORONI, CITY CLERK
FROM: JAMES J. GOLDEN, SENIOR CITY PLANNER
RE:
COASTAL CORNERS SERVICE CENTER
ABANDONMENT/PARKING LOT VARIANCE
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Accompanying this memorandum you will find copies of the
applications and supporting documentation for the
above-referenced requests for the abandonment of a ten (10) foot
wide alley right-of-way and a parking lot variance to Section
5-142(h)(3) of the Parking Lot Regulations. Also accompanying
this memorandum are two (2) checks in the amount of $400.00 to
cover the review and processing of these applications.
Please advertise these requests for a public hearing before the
Planning and Zoning Board at the August 9, 1988 meeting and
before the City Commission at the August 16, 1988 meeting.
Concerning the Parking Lot Variance applications, the legal
description (survey), warranty deed, and letter authorizing agent
have not yet been submitted. These documents will be forwarded
separately in the near future upon submittal to the Planning
Department.
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Attachments
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MEMORANDUM
TO: Betty Boroni
City Clerk.
FROM: James J. Golden
Sr. City Planner
RE: Coastal Corners Service Center
Accompanying this memorandum you will find original copies of
the following:
1.
Abandonment Application
Authorization from the property owner on the north side
of the right-of-way (Robert L. Scheurer) to participate
in this application.
2. Parking Lot Variance Application
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Agents authorization letter
Warranty Deeds
Copy of revised survey
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APPLICATION TO ABANDON/VACATE
BOYNTON BEACH PLANNING DEPARTMENT
APPLICATION INFORMATION FORM
NOTE:
This form must be filled out completely and accurately
and must accompany all applications submitted to the
Planning Department. (Three (3) copies of application
are required.)
PROJECT NAME: Coastal Corners Service Center
AGENT'S NAME: Mr. Robert A. Bentz and Land De'sign South
AGENT'S ADDRESS: 1280 North Congress Avenue Sui~e 4fl 0 9
West Palm Beach, Florida 33409
AGENT'S PHONE: (407) 478-8501
OWNER'S NAME:
(or Trustee's)
Mr. & Mrs. Fred Violette
OWNER'S ADDRESS:
319 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
OWNER'S PHQNE: .
(407) 732-4102
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PROJECT LOCATION: ~7 Corner Boynton Beach Boulevard and NE 3rd Street
(not legal description)
CORRESPONDENCE
ADDRESS: *
(if different than
agent or owner)
* This is the address to which all agendas, letters and
other materials will be forwarded.
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APPLICATION TO ABANDON/VACATE
The undersigned, pursuant to Ordinance
Boynton Beach, Florida, hereby applies
vacate, abandon, and discontinue the,
(check one):
NO. 76-27 of the City of
to the City Commission to
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ALLEY
STREET
SPECIAL PURPOSE EASEMENT
OTHER NONFEE INTEREST OF 'THE
CITY
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as described in attached Exhibit "A", and to renounce and dis-
claim any right of the City and the public in and to any land in
connection therewith.
Said application is to be filed with the Planning Department in
triplicate and applications involving more than one of the above
listed nonfee interests shall be filed separately. Each appli-
cation so filed shall be complete in every respect.
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The undersigned hereby certify:
1. That a complete and accurate legal descriptionlwith the
specific property interest sought to be vacated or abandoned, in-
.cluding where possible a plat map or drawing showing the general
area and location involved, is set forth in Exhibit "A" attached
hereto.
2. That the title or interest of the City and the pUblic in and
to the specific property interest described above was acquired
and is evidenced by,
(check one):
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DEED
DEDICATION
,PRESCRIPTION
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Recorded in .!JR.DF}/ PJr/<.k. Book 2.
Public Records of Palm Beach County, Florida.
3. That no- similar application has been cons'idered by.the" City
at any time within six (6) months of the date hereof, and should
this application 'be granted, such abandonment and vacation will
prevent no other' property owners, 'from access to and from their
prope~ty and no other property owners in the vicinity will be
adversely effected. '
, Page :36 , and
4. That the above:described property interest is'under the
control and jurisdiction ,of the City Commission of the City of
Boynton Beach, Florida; is not a part of any state or federal
highway system; and was not acquired or dedicated for state or
federal highway purposes. .,
S. That the following constitutes a complete and accurate
schedule of all owners and occupants bounding and abutting the
property interest described above.
NAME
ADDRESS
Mr. & Mrs. Fred Violette
319 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
Adil Benashi
~m F.~~t' Rnynt'nn Rq~:h :6' "d.
Bovnton Beach. F'nr;~~ ~~~~~
Bob Shear
1000 SARA F;r~t ~t'
Boynton Beach, Florida 33453
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6. That the following grounds and reasons are"submit;ted in
support of this application:
The owner owns all :adjacent property and 'wishes to abandon
this alley so that the new proposed development will be
contained on one parcel of land. It is the" owners intention
to give Florida Power and Light as a part of this abandonment
provedure a-easement across his property equal to the present
alley and in the same location
DATED:
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ADDRESS
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,APPLICANT(S) NAME (PLEASE SIGN)
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-1280 N. 'CQn~rp!'l!'l Avp:, ~l1it'p1nQ
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West Palm Beach. Fl;'33409
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STATE OF FLORIDA
COUNTY OF PALM BEACH
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The above named applicant(s) being first duly sworn by me the
day and year above indicated, deposed and stated that he
are/is the applicant(s) in the foregoing Application to--Abandon/
Vacate; that they have read the sama and that the facts therein
set, forth are true and correct ~9::~he best ,of their knowledge.
My Commission Expires:
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ICOTAIY PUBLIC; STATE OF flORIDA AT LARGI <<
MY COMMISSION UPIRES JU HE 12. 199% .
~O.DID THIU IlUClUBElIY . AlSatiAns
6-19-87
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PUBLIC
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_00'1111 .r:~L" '0 CO"'~"IIf" AT
P. O. Drawer C
West Palm Beac~, Florida 33402
July 26, 1988
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Mr. Thomas A. Clark
City Engineer
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33435-0310
Dear Mr. Clark:
In reply to your letter of July 19, 198~,we wish to advise that Florida
Public Utilities Company has no objection to the abandonment of the
10 foot alley right-of-way lying between L~ts 7, 8 and 9 of Arden Park,
addition to Boynton Beach, Florida as shown on the Plat thereof recorded
in Plat Book 2 on Page 36 of the Palm Beach County Public Records.
At the present tim~, we have no underground gas ,distribution facilities
located within the above described right-of-way.
Yours very truly,
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B. R. Becker
Engineer
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July 27, 1988 ~~ ~.~ ~..]"..
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Mr. Thomas ~. Clark, P.E.
City Engineer
City of. Boynton Beach
P.O. Box 310
Boynton Beach, FL 33426
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Re: Alley Right-Of-Way Abandonment
Robert J. Bentz
Dear Mr. Clark:
Florida Power & Light Company has no objection to the alley right-of-way
abandonment as you requested in your letter of July 19, 1988, provided
that a 10' wide utility easement is provided for our existing facilities
in this alley. (See attached site plan).
If you have any questions regarding the above, please call me at 265-3104.
Sincerely,
#-C~
A. G. Russillo, Jr.
Power Services Representative
AGR/dc
Enclosure
CC: M. A.Villavicencio - FPL
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an FPL Group company /
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Com cast Cablevision
of West Palm Beach, Ine,
1421 Oglethorpe Road
West Palm Beach, Florida 33405
(305) 659-6359
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July 27,1988
Thomas A. Clark
CITY OF BOYNTON BEACH
120 NE 2nd Ave
PO Box 310
Boynton Beach, FL 33435
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RE: Alley Right-of-Way Abandonment requested by Robert J. Bentz
(Coastal Corners Service Center)
Dear Mr. Clark;
Comcast Cablevision of West Palm B~ach does not wish to abandon
aerial cable attached to FP & L po~es.
Sincerely;
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Liz Greenbaum
Engineering Clerk
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Southern Bell
p, S. Davis
District Engineer
326 Fern Street, Room 601
P.O, Drawer X
West Palm Beach, Florida 33402
(305) 837-6355
August 1, 1988
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Mr. Thomas A. Clark, P. E.
City Engineer
P. O. Box 310
Boynton Beach, Florida 33435-0310
RE: ALLEY RIGHT-OF-WAY ABANDONMENT REQUESTED BY
ROBERT J. BENTZ (COASTAL CORNERS SERVICE CENTER)
Dear Mr. Clark:
Southern Bell Telephone Company has facilities in the area
and therefore is opposed to the abandonment.
Yours truly,
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A BEUSOUTH Company
FROM
Carmen Annunziato
P1anning Director
Betty s. Boron~
City Clerk
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SUBJECT: _-Appllcation-LorJ&Z-Mee:tiing_of_Sl-91_BJ3 DA TE:~rlS1.8J3
"OLD.
Attached please find a copy of an.alley right-of-way abandonment.
requested by Robert J. :Bentz (Coastal Corners Service Center).
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Please review and advise of your aecommendat.ions for approval or
disapproval in accordance with Section 22~40~a)~1) of the Code. '
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Thank you.
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RETURN TO
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SIGNED
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Bet1 . DOroJU.: , . .
REPLY
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The irnplememtation guidelines for" the, Boynton Beach Boulevard
Urban Design Plan encourage right-of-way abandonments that will.
encourage land assemblage and redevelopment. '
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DATE: 7/02 ff( ( ~
. SIGNED
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Item' F269 Grayarc, P.O, Box :/944, Hartford, CT 06104,2944
<<> Wheeler Group, Inc, 1982
PERSON ADDRESSED RETURN THIS COpy TO SENDER
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MEMORANDUM
TO:
Mr. Carmen Annunziato
Planning Director
FROM:
Bety S. Boroni
City Clerk
DATE:
July 18, 1988
RE:
Planning & Zoning Board Meeting
of August 9, 1988
Forwarded herewith please find the notice covering the
application for a ABANDONMENT OF AN ALLEY submitted for pro-
perty owned by Fred Violette.
This notice is scheduled to be advertised in THE POST on
JULY 24, and JULY 31, 1988.
Bet~~
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Attachment
cc:
city Manager
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R.ECEIVL~
JULf 19 198t
l,..,~~~N'NG Off'l
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AUTHORIZATION LETTER
July 14, 1988
City of Boynton Beach
Boynton Beach, Florida
Re: Agency Agreement
Dear Sir:
This letter will serve as permission for Mr. Robert A. Bentz
and Land Design South to proceed with making application for
the road abandonment and 'parking lot variance for property
described in Addendum 'A'. i .
This letter will 'also serve ~s confirmatio~\ that Mr. Bentz
.and Land Design South are authorized to act ~f :my/our agents
in all matters related to the' Ijlandi 'use process.
Furthermore, Mr. Bentz and Land Des~gn South . will be
authorized to agree on my/our behalf to ~ny.conditions which
may resul t from this app11lication as 1:art of the ,:approval
process. .. I :' . .
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Sworn to and subscribed before me this--J-~--day of ~~---
A.D., 1988 - .. -"J
jJ!~JfuJ~__-
Notary Public
State of Florida at Large
My Commission Expir~~
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: ~," "OlARY PUBLIC STATE OF FlORIDA ';1:
IIY COMMISSION EXP, OEC,21,I991 :~ I
BONDED THRU GENERAL INS. UNO.. -j.
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. \ 'I? TILE :I..1\T 'fH.EREC;OO l-'~ m~ 'l1ir:: (WT:'[~E, O~ 'mE ~:9~, THE "CIOCOIT COURT 'IN ~}.:.'~: ","
,-fOR PAIl.1 B~ COI,)lITY,. l:uJRIDA HI PLAT EOJK ,7, PAGE ?6. . ..',. ...',.
r:\ND: wrs 7 n:':O 8 (LESS 'n-H:: SOUTH 17.6 FEE,Vl' 'nlEREX)F"AND;.LES~,THAT PART qF'IJ:Jr1,7.~'.:':,.." ",'
I INCLUDED IN 'TIrE EX'fERNAt AREA FCru.lE:D BY A, 20 FCQ1' . RADius 'J\RC '\-llt'lCH 1$ T~'l" '1'0', ,:'tHE::.:.:-
fAST LINE OF SAID Im'7 AND 'rMir.E."'T 'ro A',ra-re 17.6 FEE'r'NORTH OE"A1'1D' PA..w..LEL' '10' nm:.,:,',
SOU'rH LINE uF SAID wr 7) I .II.[L CF' L:)IS 9, 10 AND ll".A.RDEN. PARK, ,J\,5UQpivISI~ oi;.~ .':'.:{..;."
. rilE CL'r':t' Of OOYNTOO BEACH, N.."(.:cfU)H~:; lU THE PLAT TllERroF' Cl-l F1LE. IN, TUFf OfFICI:;', oF':...,/:., ::::'
TIlE OFFICE Or' THE CLERK OF. 'rm: CIR!..'"()rr'COURT tN'OO"foR'PAu'l'PEN:ll CGm-~'i;,:Fr.p~.IO~"",..':i.',~-..:'
.~ Pu\T BCOK 2, PAGE 96. , ".,',. ~:' '''~ ,:' . ".... ',:..',".,.,:"~...",;,:':'~,".:,:
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CEH'l'Ifll:O'l'O: v. S C. INC., A C'u.:'RIDA CORroMTIE)N"
eGVISGO 7.25- 88 13:...S.~
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of
the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC
HEARING on August 9, 1988 at 7:30 P.M. at pineland Plaza,
Commission Chambers, 211 S. Federal Highway, Boynton Beach
to consider an application to ABANDON an alley submitted by
Robert A. Bentz, Land Design South, Agent, for propery owned
by Mr. and Mrs. Fred Violette on a parcel of land more par-
ticularly described as follows:
Being that portion of the 10 foot wide alley lying
between Lots 7, 8, and 9, ARDEN PARK, ADDITION TO
BOYNTON, FLORIDA, as shown on the Plat thereof
recorded in Plat Book 2, Page 36, Public Records of
Palm Beach County, Florida. Said alley bounded on
the north by the south line of said Lot 9:p on the
south by the north lines of Lots 7 and 8: on the
east by the westerly right-of-way line of N.E. 3rd
Street and on the west by the east line of Lot 1,
c.w. COPPS ADDITION TO BOYNTON, as shown on the
Plat thereof, recorded in Plat Book 7, Page 56,
Public Records of Palm Beach County, Florida.
A PUBLIC HEARING will be held by the City Commission of the
City of Boynton Beach on the above request on August 16,
1988 at 8:00 P.M. at pineland Plaza, Commission Chambers or
as soon thereafter as the agenda permits.
All intereted parties are notified to appear at said
hearings in person or by attorney and be heard. Any person
who decides to appeal any decision of the Planning & Zoning
Board or City Commission with respect to any matter con-
sidered at these meetings will need a record of the pro-
ceedings and for such purpose may need to ensure that a
verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is
to be based.
BETTY S. BORONI
~ CITY CLERK
CITY OF BOYNTON BEACH
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PUBLISH: THE POST
July 24 and July 31, 1988
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LOCATION MAP - N,T.S.
DESCRIPTION OF ALLEY TO BE VACATED
DESCRIPTION FURNISHED BY
NO SEARCH OF THE PUBLIC
RECORDS MADE FOR ERRORS
OR OMISSIONS OF SAID
DESCRIPTION, EASEMENTS OF
RECORD NOT SHOWN UNLESS
FURNISHED,
SURVEY NOT VALID UNLESS
SEALED WITH AN EMBOSSED
SURVEYORS SEAL.
Being that portion of the 10 foot wide alley lying between lots 7, 8, and 9, ARDEN
PARK, ADDITION TO BOYNTON, FIDRIDA, as shown on the Plat thereof recorded in Plat
Book 2, Page 36, Public Records of Palm Beach County, Florida. Said alley bounded
on the North by the South, line of said Lot 9: on the South by the North lines of
Lots 7 & 8: on the East by the Westerly right of way line of N.E. 3rd. Street and
on the West by the East line of Lot 1, C.W. COPPS ADDITION TO BOYNTON, as shown on
the Plat thereof, recorded in Plat Book 7, Page 56, Public Records of Palm Beach
County, Florida.
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Containing 0.0256 acres of land be the same rrore or less.
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J ""~R~BV CERTIFY THAT THE PLAT SHOWN HEREON IS A TRUE
AND CORRECT REPRESENTATION OF A SURVEY OF THE
PROPERTY DESCRIBED IN THE CAPTION THEREOF, MADE
UNDER MY DIRECTION, AND IS ACCURATE TO THE BEST OF MY
KNOWLEDGE AND BELIEF, AND THAT THERE ARE NO
APPARENT ENCROACHMENTS, UNLESS. NOTED. SURVEY
MEETS MINIMUM STANDA ET FORT >>-RUl..:E 21HH-6,
FLORIDA ADMINIST E COD '
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FLORIDA CERTIFICATE NQ'Z~ '0
OWN BY:
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FLO:
cwo:
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LAND SURVEYORS I
3285-8 LAKE WORTH RD. 1'('
LAKE WORTH, FLORIDA 33461 I
PHONE (407) 585-1695 !
OWG, No.7tJ?U-1
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