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LEGAL APPROVAL ,. , .." 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. .. 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. I \ I , . . -' .' section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED THIS J day of ~/.?/E/??~r< , 1989. ATTEST; ,. ..~~~~~~~ (Corporate Seal) Vice Mayor c~ ~ I , " ."\ . \ ~.tJ~,' Commissioner ~ LJA_/~L Commissioner ty t , . " 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. " I i -ry '! .,L. 'I .. ,. ~ -.... ' 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: ~ c:k"~ Ci~ ~€.-o4"""'7 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 se~: . ~ ~'l,l1...U~..u~ I\CLrn~(. L/I--- Florida I I \ ) I Notary PUblic, State NotJry Public, Slale ~f Florid;) "'1; My (\)m;llission Expires Ocl. 29, 199Q h""....... Th... rl~t f.Jjn -In,,,,.,,u Inc '4 f ,...J:\' ~ I, !, ~' . ..,. ,il . .. ",,-... l . 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. ~ , \," ',' : . , , , . ! . , 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 '. ~ \, .. \ :.~ ,I lP --- Comcast Cablevislon of West Palm Beach, Inc. 1421 Ogtethorpe Road West Palm Beach. Florida 33405 (305) 659-6359 ~ C. .., . · r' , , I '. " . II I ~ COIVICAST 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 . ~ !\~. A \Y"'~ Dominique Aumais Construction Coordinator ~, "1 . . ~::;: ~'h', il-<: ;J:: ," ~.!: ' ;", .j :" " , .:~~" ' ~f.:' . " , 1 c; , , .001UII _C_.." '0 co......, .~ DA 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. II At the present time, we have no underground gas distribution facilities located within the above described easement. I II Yours very truly, /~ B.R. Becker Engineer I I BE C"lr"t v~;.;. """D' . ~-i, ~~f;." i ,..f ! .. J..!._.I..:"'\- ~,. .. JUl. 1 ~~ 1989 CITY MANI\G;!::! ~'S OFFICE r .-.-- ~ co ~~.. !f~;: c;i.~ ' . ~q ~L~)' }f"'} ..::~ I ~.~~;~ . :~.I; ~~r:' 'I::' ";~,;~' . .~ .. 'j': ~..... ' 'f ~I'." ~> ~~~:::. . H: ..~. .~', : l~: . . .!~f:. ",. i1 ~.' .~~:. i~:~'. 'il'~~:: ;: ~u;. .1 ?o:'.: " il. :1 i,..;:'" "! .~r:'~'.. t~ \t:':" ~. .~}:{ ~f 1:-r,.. ...: >J~ :.:i. a, ~..___.._..a........' - I=PL , ' 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. I Yours truly, 46~~ A.G. Russillo Power Service, Representative AGR:dm an FPl Group company , I I ' , i ,! RECEIVED JUL 19 1988 CITY MANAGU~'S OFFIC q ..... , . . . " " " '. '.. ~J' (:, " " . I ; ',1 ',;' . ~l .>, :1. f;, rh' I' H ~ )1 ~; {~ , ; (. I' ~ ' .!' liO '1 " @ Southern Bell II 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, ~~ '~istrict Engineer . " MEG/rr 1\, RECEIVED ,I i JUl 19 198~ CITY MANAGE-H'S OFFICE A BELLsa.JTH Company ~ '-2I::r"" I '.'Ytt1l. -"'- .-- . --..-.. r FROM I ~,. .?~~c.o' ~ . - 'l.~7~:--"'~";;---- ..- ..- -,-- ~ :. A .. , ~".'.-'.. .',-----' 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. " OJ'.' :; ,:.~: ~ . . rt:. t . . '.., . w' ~ . .., ~ . \ ~ ' . SIGNED ~~t>' ' :~,}.~ "', ~. . RETURN TO , Sue' KruDe . . .... ~ , , REPLY . ~. ,,, Recommend. No O~jection. ., '. .t':... '. <~ . t ~." . . .;. .: .... , . /;..~~.' ':,~,,: .. 0- ,.; 4" . ~ ,~ .' ~ . : . DATE: 7/05/89 SIGNED '" . .".... r. .": .. ~~ .~1~:-'!..;~..:'" ~ ~.:. '. '_~~j. .:'~::'.':1 .~. .". . ...... .t~ '.. . ',:.' " Item. F269 Grayarc, P,O, eo. 2944, Hartford. CT 06104,2944 €I Wheeler GrouP. rnc, 1962 , PERSON ADDRESSED RETURN THISiCOPYTO SENDER, ..'> I , '. t RE'cmvJED JUl I~ ~ PLANNING D[Pf. ..~ \' -- ....:4 \ . ~ 0 ~ 0 -, r tJ:) "0 0 - 0 ~ ....... u ~ ~ 't ~ .' rf1 I ~ ,:) ~~ I ~ p.rtl ~~ ~ ~ ~ g 1"" l-' rtl ~ . ~ III (0 . rt SO "0 ~ ~ <2'" 9 --- ~ ~~ <2"'g. ~ ~~ iW \s\ "'" -0 (0 t;l:l ,. () 0 '-4 t"\ ~~ 0 (lQ S J 0 o t"\ ~ (tl -- ~ \ ~ .:: ~ 'f-o dt' ~ e:<c . ~'(; l-' P. ~~ -:::c r;~ ~ ~ ~ ~ .....~ o ~ t:' ~ t"\ III (tl g t' ~ t"\ (tl rt ~ \\\ ~ t:' '-4 1"" t"\ N o P. yh I-" ~ <- 0 7:\~ ;% ~ t ~ o ~ ~p. rt t"\'Z 0 ~ --1 ~ III rt p.1-" (0 ~ 0 ~ ~ III t"'o IT "'" ~ o (tl (0 ::r. ~ (0 0 ,g u; ~ ~l"I'> ~'-4 ~ [') 1""'-4 ..... l-' ,-,,0 0 g.o yh P- "0 ~ {f) -<. {f)t"\ . ~ CP j ~ct - -a ~ t"\ CP rt - " . (0 CP 'tJ 0 ~~ ..r> foo)o ------:: ~ tti t"\1"" ~(tl P>~ 0 ot' 0 ~ ~ _P> t"\~ ~ ~ ~ ~ ~ ~ ,-,rt ~ ~ etP 0 o 0 t"\P- ~ l"I'>P o 0 III o ~ dcg g.l"I'> ~(tl ~ (tl ~ (tl 0 dP ~ t"\ t"\ rt a~ 0 ~~ o~ ~ (0-0 o III P>-o .oa I""(tl ~ t"\ I-' ~ 0 1"" .:: 0 ?, {f) ~ ~ p ~ ~ l-' rt ~ (tl '; ~ (tl 0 '} r- ~ t"\ P ~ - ~ Q ~ yh ? 0 ~ III t"\ 0" - (tl - ~ ~ foo) G) ~ ..r> - C). t& CP ..r> ~ CD ~ \ ~ \V 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 I JJG:frb Encs Kessel \~ / , ' .. ,; .. 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. \~ 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 ~~. t.A1U2..... tsr"ttn:-S. 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. .Y"~"",,'J ... .' .. \~ II , . . . .: . ~~(,j.;~. .. iE~~.~~~'i. :' ;\:; ~ . .. .. ... 6. That the following' grounds and reasons~ are submitted in support of this application: I Please see Exhibit B, attached hereto. I I, " DATED: June 27, 1989 SIGN) ADDRESS :?--'I3 '6N ~C~f3f?m)~D~ . tt " ' 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) \\9 6-19-87 , , ,!..I ;. ,~~~:.:.~, ~r.:.~:': .:" ~~,.: . :As00lr0 .J -- ' ,t::r~/' .... .'-,' . ,:4jl., '. i .. . ..... I.. 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 . t N w '-E s 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: 'II, 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. ~--;. .- .Y:,....';.~."'i.rlt.t;~-r::-.. ......:'\. !-NIl,.' ~ . .......t.. , .--. ~ ,t:J..lU.DJ. ~ oft . ~WA"i~ 1:.~~ ~ 9r",*~'i \..\N'a. , . APPLICATION TO A.BAHDQN A UTILJ .. " i , c - c "':"':"'-c : -C-c __~_C----c.---- , kYf'RO,(\M~\~\-OC...t;noN or- ~"t"CAQ...L~ ' J,.l1.)~IJf,)!) u..~ ,. , '" . ,_. "\ -~-T -T_,. -'- r: --l'"--T J...."'?~-;JM90-\\... \,..O~-noN o'f-.'~ ~ ~D ~~.,.-._, , ,d-o" UT\\..\"\Y EA~~.;rr \Z> ~ ~OON~ N ~.;3 l . " . -I 1 , I ',. ~ ~ -' () o - I W \' E .J =:E..~5fu'~&_..1...s-r.o~)' ._- :GoS:.~"E..~\~c..E- ' , :::- o \ ... Q ~ " ! ' S , I , II 4,;c;:..~ '\"=-7.0-0 .' \ \ "I' ~: -1', ...' ~;.~,: ~~{, :i~' ,:',' .l-t' ;'" fl':' , i} , ti~:: '. f';', . ~i " . .11' .~ '. , " -:.3- ~ ~ rz-,o' 5 ~ \l'I () :z ,- \'t.';:, - ~ ; 4 ~ '. .... - - ,0"' \" :_\ I '5 IS,!)' .. !i t': " \-. :0 , -1', LOT 18. BLOC[ 2 "CRANBROOI LAKE ESTATFS" J q 2 '0 ~, .' 1 \.JI "P.C.f. · r ..., \ \ J 5""'. '2lbv-o C&t.Nf!:.~.n"')'" D~ \\lE.. - ,-- \co '.': " . " . ~ , ' !~~.' r . ~ ",' " ' i..;-~;. ,: ", ;~ ) . ~'.:' . - . . '" 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. 4 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. .11 \'^" ~ L,S_ "...."...................J.":TPI1..-"fIWV~. - :. <<...... . ........;.;.1..... . oJ. (." . : . ... 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. . 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 ~ ------: .' -- -- '}...o.