LEGAL APPROVAL
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RESOLUTION NO. 89-~~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
ABANDONI~G A TF.N FOOT WIDE UTILITY
~F.ASEMENT~ THE UTILITY EASEMENT BEING
LOCATED ON LOT 18. BLOCK 2 OF THE
~CRANBROOK LAKES ESTATES PLANNED UNIT
DEVELOPMENT, SAID PROPERTY BEING MORE
PARTICULARLY DESCRIBED HEREIN;
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A DISCLAIMER FOR SAID UTILITY
EASEMENT; 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 Bickford, agent for Mr. and Mrs. Kerry
Kessel, has requested the abandonment of the hereinafter
described Ten (10) foot wide utility easement;
WHEREAS ,
comments
have
been
solicited
from
the
appropriate 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
utility easement no longer serves any useful purpose.
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 utility easement 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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section 3.
This
Resolution
shall
take
effect
immediately upon passage.
PASSED AND ADOPTED THIS J day of ~/.?/E/??~r< ,
1989.
ATTEST;
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(Corporate Seal)
Vice Mayor
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Commissioner
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EXHIBIT 'A'
The special Purpose Easement originally plated for the purpose
of burying underground utilities, lies on a 10' -0" X 80' -0"
parcel of land, which is a portion of Lot 18, Block 2,
"CRANBROOK LAKE ESTATES", as recorded in Plat Book 33, Pages
124-125, of the Public Records of Palm Beach County, Florida.
The portion of land on which said Utility Easement lies is
specifically described as follows: Commencing from the
Southwest corner of Lot 18, Block 2, "CRANBROOK LAKE ESTATES",
travel N 10 11' 25" W, a distance on 105'-0" to locate the
Southwest corner of the utility Easement; then travel N 88c
48' 35" E, a distance of 80' -0" to find the Southeast corner
of the easement; then travel N 10 11' 25" W, a distance of
10' -0" to find the Northeast corner of the easement; then
travel S 880 48' 35" W, a distance of 80' -0" to find the
Northwest corner of the easement; then travel S 10 11' 25" E
to return to the Southwest corner of the easement. Said
Utili ty Easement to be abandoned lies on lands lying in the
City of Boynton Beach, Palm Beach County, Florida.
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DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the city of Boynton
Beach, Florida, a municipal corporation, under the laws of the
State of Florida, does hereby abandon and disclaim a certain
10 foot utility easement, situated and located in Palm Beach
County, Florida, attached hereto as Exhibit "A".
IN WITNESS WHEREOF, the duly authorized officers of the
City of Boynton Beach, Florida, have hereunto set their hands
and affixed the seal of the City this
~/77.e.~ , 1989.
..5
day of
COUNTY OF PALM BEACH
ATTEST:
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STATE OF FLORIDA
BEFORE ME, the undersigned authority, personally appeared
SUZANNE M. KRUSE and GENE MOORE
~uroY
Mayor and City Clerk respectively, of the
City of Boynton Beach, Florida, known 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, my hand and official seal in the said State and
County this 5th day of
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Florida
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Notary PUblic, State
NotJry Public, Slale ~f Florid;) "'1;
My (\)m;llission Expires Ocl. 29, 199Q
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EXHIBIT 'AI
The Special Purpose Easement originally plated for the purpose
of burying underground utilities, lies on a 10 I -0" X 80 1-0"
parcel of land, which is a portion of Lot 18, Block 2,
"CRANBROOK LAKE ESTATES", as recorded in Plat Book 33, Pages
124-125, of the Public Records of Palm Beach County, Florida.
The portion of land on which said Utility Easement lies is
specifically described as follows: Commencing from the
Southwest corner of Lot 18, Block 2, "CRANBROOK LAKE ESTATES",
travel N 10 11' 25" W, a distance on 105'-0" to locate the
Southwest corner of the utility Easement; then travel N 880
48 I 35" E, a distance of 80' - 0" to find the Southeast corner
of the easement; then travel N 1" 11 I 25" W, a distance of
10 I -0" to find the Northeast corner of the easement; then
travel S 880 48' 35" W, a distance of 80 I -0" to find the
Northwest corner of the easement; then travel S 1c 11' 25" E
to return to the Southwest corner of the easement. Said
Utili ty Easement to be abandoned lies on lands lying in the
City of Boynton Beach, Palm Beach County, Florida.
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MEMORANDUM
August 2, 1989
TO: Jim Golden
Senior City Planner
VIA: George Hunt
Acting Engineering Administrator
FROM: Roger Kuver
Engineering Inspector
RE: Utility Abandonment Request submitted by Mr. & Mrs. Kessell,
2713 SW 23rd Cranbrook Drive
A copy, of a letter from Comcast Cablevision, dated July 12, 1989, is
included herewith.
Predicated on the above letter and approval from George Hunt, Acting
Engineering Administrator, , the Engineering Department recommends approval
of the subject abandonment request.
Kuve/f$
Roger
RK/ck
attachment
cc: Betty Boroni, City Clerk
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Comcast Cablevislon
of West Palm Beach, Inc.
1421 Ogtethorpe Road
West Palm Beach. Florida 33405
(305) 659-6359
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7/12/89
Mr. George N. Hunt
Acting Engineering Administrator
CITY OF BOYNTON BEACH
PO Box 310
.Boynton Beach, FL 33425-0310
RE: Utility Abandonment Request submitted by Mr. & Mrs Kessell,
2713 SW 23rd Cranbrook Drive
Dear Mr. Hunt;
In response to your request dated 7/6/89, Comcast Cablevision has
no objections to the release of the 10 foot utility easement located
on the north side of 2713 SW 23rd Cranbrook Drive. ~
However, we have cable 12 feet north to the easement, should we
have to move it or repair any damage done by digging, Mr. & Mrs.
Kessell will be liable for all repairs.
If there is anything else I can help you with please call me at
(407) 659-6359 ext 526.
Thank-you; o~ ~
DA/eg
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Dominique Aumais
Construction Coordinator
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PUBLIC
S COMPANY
P.O. Drawer C
West Palm Beach
Florida 33402
July 11, 1989
. Mr. George N. Hunt
Acting Engineering Administrator
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425-0310
Dear Mr. Hunt
In reply to your letter of July 6, 1989, we wish to advise that Florida
Public Utilities Company has no objection to the abandonment of the utility
easement in the rear of Lot 18, Block 2 of Cranbrook Lakes Estates according
to the Plat thereof recorded in Plat Book 33 on Page 124 of the Palm Beach
County Public Records.
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At the present time, we have no underground gas distribution facilities
located within the above described easement. I
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Yours very truly,
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B.R. Becker
Engineer
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JUl. 1 ~~ 1989
CITY MANI\G;!::! ~'S OFFICE
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Box 2409, Delray Beach, FL 33447-2409
July 18, 1989
George N. Hunt
City of Boynton Beach
P.O. Box 310
Boynton Beach, Fl, 33426-0310
Re: Abandonment of Utility Easement
2713 SW 23 Cranbropk Drive
Dear Mr. Hunt:
FPL has no objection to your abandonment request of July 6, 1989 for
the utility easement at 2713 SW 23 Cranbrook Drive.
If you have any questions, please call me at 265-3104.
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Yours truly,
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A.G. Russillo
Power Service, Representative
AGR:dm
an FPl Group company
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RECEIVED
JUL 19 1988
CITY MANAGU~'S OFFIC
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Southern Bell
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P. S. Davis
District Engineer
326 Fern Street, Room 501
West Palm Beach, Florida 33401
(407) 837-6355
July 1.2, 1.989 /'
File: 240.091.1
Mr. George N. Hunt
Acting Engineering Administrator
city of Boynton Beach
P. o. Box 310
Boynton Beach, FL 33425-0310
RE: utility abandonment Request submitted by
Mr. & Mrs. Kessel, 2713 SW 23rd Cranbrook Dr.
Dear Mr. Hunt:
This is to advise that Southern Bell Telephone Company has
no objection to the proposed abandonment.
Yours truly,
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'~istrict Engineer
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RECEIVED
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CITY MANAGE-H'S OFFICE
A BELLsa.JTH Company
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TO
l1r. John Gu1drj> -'
Utilities Director
Sue Kruse "
Deputy City Clerk
SUBJECT:
P&Z Board Meeting to be h~ld 8/8/89
DATE:
6/30/89
"aLa.
Attached plense find a copy of a Utility Abandonment application for
lk. & Mrn. Kerry Kessel, 2713 S.W. 23rd Cranbrook Drive .
Plenne ycview and advise of your recommcndntiolls for approval or
disnpproval in accordance with Sec. 22-40(0) of the code.
Thank you.
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SIGNED ~~t>' '
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RETURN TO
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Recommend. No O~jection.
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DATE: 7/05/89
SIGNED
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Item. F269 Grayarc, P,O, eo. 2944, Hartford. CT 06104,2944
€I Wheeler GrouP. rnc, 1962
, PERSON ADDRESSED RETURN THISiCOPYTO SENDER, ..'>
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MEMORANDUM
June 27, 1989
FROM:
Betty Boroni, City Clerk
James J. Golden, Senior City Planner
TO:
RE:
Kessel Easement Abandonment Application
Accompanying this memorandum you will find two copies of the
application and related documents for the above-referenced ,
abandonment of a ten (lO) foot wide utility easement at the rear
of Lot l8, Block 2 of Cran~ok Lake Estates (2713 S.W. 23rd '
Cranbrook Drive). Also accompanying this application is a check
in the amount of $350.00 to cover the review and processing of .
this application.
Please advertise this request for public hearing before the
Planning and Zoning Board at the August 8, 1989 meeting and
before the;City Commission at the August 15, 1989 meeting. .
(J...~~/' .J;+JJfL.
(JAMES . GOLDEN
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APPLICATION TO ABANDON/VACATE
BOYNTON BEACH PLANNING DEPARTMENT
APPLICATION INFORMATION FORM
NOTE:
This form must be filled out oompletely and aoourately
and must aooompany all applioations submitted to the
Planning Department. (Three (3) copies of applioation
are required.) ,
PROJECT NAME:
AGENT'S NAME:
Additions and Alterations to the Kessel Residence
Robert R. Bickford
AGENT'S ADDRESS:
Bickford Construction Corporation
8895 No. 'Military Trail, Suite 303-C
Palm Beach Gardens, FL 33410
( 407) 624-2800
AGENT'S PHONE:
OWNER'S NAME:
(or Trustee's)
Mr. and Mrs. Kerry Kessel
OWNER'S ADpRESS:
2713 S.W. 23rd Cranbrook Drive
Boynton Beach, FL 33435
OWNER'S PHONE:
(407)732-9060
PROJECT LOCATION: 2713 S.W. 23rd Cranbrook Drive
(not legal description)
Bovnton Beach. FL 33435
CORRESPONDENCE
ADDRESS: * Rickford Construction Corooration
(if different than
agent or owner) 8895 No, Militarv Trail. Suite 303-C
Palm Be~ch Gardens, FL 33410
* 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 NO. 76-27 of the City of
Boynton Beach, Florida, hereby applies to the City commission to
vacate, abandon, and disoontinue the,
(check one):
) ALLEY
) STREE'l'
X ) SPECIAL PURPOSE EASEMENT
) OTHER NONFEE INTEREST OF THE CITY
as desoribed in attached Exhibit "A", and to renounce and dis--
claim any right of the city and the pUblic in and to any land in I
connection therewith.
Said application is to be filed with the Planning Department in
triplicate and applioations involving more than onD of the above
listed nonfee interests shall be filed separately. Eaoh appli-
cation so filed shall be complete in every respect.
The undersigned hereby certify:
1. That a complete and accurate legal description with the
specific property interest sought to be vaoated 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):
( X ) DEED
( ) DEDICATION
( ) PRESCRIPTION
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Recorded i'n i' cd ., Book 33 , Page 124-125, and
Public Records of Palm Beach county, Florida.
3. That no similar application has been considered 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
property and no other property owners in the vicinity will be
adversely effected.
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. '
5. That the following constitutes a complete and accurate
schedule of all owners and occupants bounding and abutting the
property interest described above.
NAME
ADDRESS
Mrs. Jessie Dunn
2715 S.W. 23rd c'rRnbrook nrivp, R R
Mr. James Frazier
2711 S.W. 23rd Cranbrook Drive, B.B.
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6. That the following' grounds and reasons~ are submitted in
support of this application: I
Please see Exhibit B, attached hereto.
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DATED: June 27, 1989
SIGN)
ADDRESS
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STATE OF FLORIDA
COUNTY OF PALM BEACH
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 same and that the facts therein.
set forth are true and correct to the best of their knowledge. .
of'Flor1da
My Commission Expires:
HOTAAV PUBliC STATE OF FLORIDA
MV COMMISSIOO EXP SEPT 1.1992
80N0€D THRI.J GEtEAAL INS.lJtI)
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6-19-87
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OWNERS: MR. AND MRS. KERRY KESSEL .
2713 S.W. 23RD CRANBROOK DRIVE
BOYNTON BEACH, FL 33435
AGENT: MR. ROBERT R. BICKFORD
BICKFORD CONSTRUCTION CORPORATION
8895 NO. MILITARY TRAIL, SUITE 303-C
- ,PALM BEACH GARDENS, FL 33410
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LOT 18, BLOCK 2
"CRANBROOK LAXE ESTATFS'~
SITE PLAN
LEGAL DESCRIPTION OF LOT:
Lot 18, Block 2, "CRANBROOK LAKES ESTATES", according to the Plat thereof,
as recorded in Plat Book 33, Pages 124-125, of the Public Records of Palm
Beach County, Florida. Said lands lying in the City of Boynto~ Beach,
Palm Beach County, Florida.
, .
LEGAL DESCRIPTION OF UTILITY EASEMENT TO BE ABANDONED:
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The Special Purpose Easement originally plated for the purpose of burying
underground utilities, lies on a 10'-0" X 80'-0" parcel of land, which is
a portion of Lo~ 18, Block 2, "CRANBROOK LAKE ESTATES", as recorded "in Plat
Book 33, Pages 124-125, of the Public Records of Palm Beach County, Florida.
,The portion of rand on which said Utility Easement lies is specifically
described as follows: Commencing from the Southwest corner of Lot 18, Block
2, "CRANBROOK LAKE ESTATES", travel N 10 11' 25" W, a distance on 105'-0"
to locate the Southwest corner of the Utility Easement; then travel N 880
48' 35" E, a distance of 80'-0" to find the Southeast corner of the easement;
then travel N 10 11' 25" W, a distance of 10'-0" to find the Northeast corner
of the easement; then travel S 880 48' 35" W, a distance of 80'-0" to find .
the Northwest corner of the easement; then travel S 10 11' 25" E to return
to the Southwest corner of the easement. Said Utility Easement to be
abandoned lies on lands lying in the City of Boynton Beach, Palm Beach County,
Florida.
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APPLICATION TO A.BAHDQN A UTILJ
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EXHIBIT B
APPLICATION TO ABANDON A SPECIAL PURPOSE EAS~IENT
MR. AND MRS. KERRY KESSEL'
2713 S.W. 23RD CRANBROOK DRIVE, BOYNTON BEACH
ITEM 6: TilE FOLLOWING GROUNDS AND REASONS ARE SUBMITTED IN SUPPORT OF THIS
APPLICATION: '
The Kessels desire to have an inground swimming pool constructed on the
north side of their house (in their back yard). 'I'he existing ten foot
wide utility easement which runs east and west across the north side of
their property, would constrain them to only being able to install a
10'-6" wide pool, with a two foot wide deck along the north side and the
minitnum five foot wide deck'along the south side, adjacent to the house.
This pool configuration is undesirable for aesthetic, ,comfort ,and safety
reasons. Aesthetically a 10'-6" wide pool is too narrow; all of the deck
space would be too narrow to comfortably arrange patio furniture: and the'
two foot wide deck on the north side of the pool is somewhat dangerous
in terms of having adequate passage space around the pool.
Through a request filed with U.N.C.L.E., Florida Power and Light, Florida
Public Utilities, Southern Bell, Comcast Cable and several other cable
companies whom do not service the area, were reuquested to visit the site
and flag their buried utilities. Southern Bell and Comcast Cable were
the only companies'having utilities on the north side of the property, but
both companies cables were completely to the north of the easement in ,'"
question (Southern Bell's cables were three feet to the north at the closest
point, and Comcast Cable's cables were 34 feet to the north at the closest '
pOint). The City of Boynton Beach Utility Department was also contacted'
and it was determined that they also do not have any utilities located on
the northern portion of the Kessel's property.
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Because there are not any utilities located within this ten foot wide utility
easement, we are hereby requesting that it be abandoned inorder to allow"the
Kessels to have aesthetically more pleasing, a more comfortable, and a safer
swimming pool installed in their back yard.
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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 8, 1989 at 7:30 P.M. at City Hall
Commission Chambers, Boynton Beach, to consider an
application to ABANDON a Utility Easement submitted by
Bickford Construction Corporation, agent for Mr. & Mrs.
Kerry Kessel, owners, 2713 S. W. Cranbrook Drive, on a
parcel of land more particularly described as follows:
A portion of Lot 18, Block 2, "Cranbrook Lake
Estates", as recorded in Plat Book 33, Pages
124-l25, of the Public Records of Palm Beach
County, Florida. The portion of land on which
said Utility Easement lies specifically described
as follows:
Commencing from the Southwest corner of Lot 18,
Block 2, "Cranbrook Lake Estates", travel North
10 11' 25" West, a distance on 105'-0" to locate
-the Southwest corner of the Utility Easement: then
travel North 880 48' 35" East, a distance of 80'-0"
to find the Southeast corner of the easement: then
travel North 10 ll' 25" West, a distance of 10'-0"
to find the Northeast corner of the easement: then
travel S 880 48' 35" West, a distance of 80'-0" to
find the Northwest corner of the easement: then
travel South lO 11' 25" East to return to the
Southwest corner of the easement. Said Utility
Easement to be abandoned lies on lands lying in
the City of Boynton Beach, Palm Beach County,
Florida.
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A PUBLIC HEARING will be held by the City Commission of the
City of Boynton Beach on the above request on August 15,
1989 at 6:30 P.M. at City Hall Commission Chambers, or as
soon thereafter as the agenda permits.
All interested 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
PUBLISH: BOYNTON BEACH NEWS
July 20 & 27, 1989
p/abandon
cc: City Commission
City Attorney
City Manager's Secretary
Recording Secretary
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