LEGAL APPROVAL
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RESOLUTION NO. 88
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A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
'ABANDONING A FIFTY FOOT WIDE UTILITY
EASEMENT; THE UTILITY EASEMENT BEING
LOCATED ON THE EAST SIDE OF INTERSTATE
95, BETWEEN BOYNTON BEACH BOULEVARD AND
N.W. 1ST AVENUE, 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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~, James J. Moran, agent for Mr. and Mrs. C.L.
Leeman has requested the abandonment of the hereinafter
described Fifty (50) foot wide utility easement; and
~, conunents have been solici ted from the
appropriate City Departments; and
~, public hearings have been held before the
City's Planning and Zoning Board and the City conunission on
the proposed abandonment; and
~, 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 Conunission, does hereby abandon a
certain fifty (50) foot utility easement located in the City
of Boynton Beach, Florida, attached hereto as Exhibit "A".
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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
im.Tt\edia te ly upon passage.
?ASSED AND ADOPTED THIS Mday of
;VJ, , 1988.
CITY OF BOYNTON BEACH, FLORIDA
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('~~~Jr' t 1(}'~/.lfl4 ,<-
comm~~s oner (
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Commissioner
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commissioner ~
ATI'EST:
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CitY/ _erk
(Corpo~ate Seal)
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EXHIBIT 'A'
That certain 50' wide strip of land
lying between Block 71 and Block 73 of
Beverly Hills Addition No.3, as
recorded in Plat Book 13, at Page 64,
Public Records of Palm Beach County,
Florida; which certain 50' wide strip of
land constitutes the northerly extension
of NW 4th Street in Boynton Beach,
Florida, heretofore abandoned.
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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 50 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
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City of Boynton Beach, Florida, have hereunto set their
hands and affixed the seal of the City this ~ day of
~v
, 1988.
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iI' ATTEST:
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M or
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i I STATE OF FLORIDA
II
'! COUNTY OF PALM BEACH
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ME, the 'undersigned
~tV< L?A.s.sANZJ~/9
authority, personally
and 4E77"V $.
BEFORE
I appeared
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, 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 "'"- go day of
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APPLICATION TO ABANDON/VACATE
BOYNTON BEACH PLANNING DEPARTMENT
APPLICATION INFORMATION FORM
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HO'I'E:
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:
Holiday Inn
AGENT'S NAME:
James J. fohr<'ln. AH-ornpy
AGENT'S ADDRESS:
630 East Ocean Avenll~
Boynton Beach. FI 33435
, AGENT'S PHONE:
732-8188
OWNER'S NAME:
(or Trustee's)
C. L. Ieeman and Linda :I.eeman, his wife
OWNER'S ADDRESS:
480 Boynton Beach Blvd
Boynton Beac~. Fl 1141~
O\vNER'S PHONE:
734-9100
PROJECT LOCATION: 480 Boynton Beach Blvd.
(not legal description)
Boynton Beach, F1 33435
CORRESPONDENCE
ADDRESS: 11 Same as above.
(if different than
agent or owner)
11 'I'his is the address to which all agendas, letters and
other materials will be forwarded.
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APPLICATION TO ABANDON/VACATE
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The undersigned, pursuant to Ordinance NO. 76-27 of the City of
Boynton Beach, Florida, hereby applies to the City ~ommission to
vacate, abandon, and discpntinue the,
(check one):
(
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ALLEY
STREET
SPECIAL PURPOSE EASEMENT
OTHER NONFEE INTEREST OF THE CITY
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.
The undersigned hereby certify:
1. That a complete and accurate legal description with 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):
(X ) DEED
( ) DEDICATION
( ) PRESCRIPTION
Recorded in nf-F;I"";;:I1 'Rp('Y')rn Book ~1 17 , Page 17~O, 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.
N.'\HE
--
ADDRESS
~..-.L~~da Ieeman, his wife
--'n9j;~-L.J!QE1.:;!'c::ants avn the ..E~rtv
_whi~ ci.but~_J=his easerrent both to
the narj;!l--9-!1~_ tq" the sO'qth of
the easem:mt.)
480 Bc:unton Beach Blvd.
Bovnton Beach. Fl 33435
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That ct.!rtnln 50' wId" Rtrlr elf Inllll Iyflln 1",t\o/.'C'n IIlock 7J nnd Block
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73 of BL'v('rly 1111,,, ^dcl1tlnn No.1, llH n'c'nrch-cl III "l:lt Hook 11 nt Vag'. 64,
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l:mcJ '~onstilutt.!~ till' norllwrly ('~tcn91nn of N.W. 4th Strt~et In Boynton Bt!4Ch,
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I'uhlll' Hccc'nls (If 1'.lIm 8c.:tc~h CUlIllty. r111rJclll; whl.:h c'c'rtllJn 50' wfdt! fltrlp uf
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Flurld.., hc.r('tofon' nh:lllclctlll'd.
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6. That the following grounds and reasons are submitted in
support of this application:,
This easement was relocated July 21. 1979 by ~;:mt: rp-cordE'rl at: OR Bmk ":\117u
Paqe 1727 Public Records of Palm Beach Countv. Northwest 4th Strret right
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of way was abondoned Sept. 19, 1987. This easement serves no useful pUrpOse
and applicant requests the City abandon this easement.
DATED: 9 -<1- ~ 7
(PL SE ~IGN)
ADDRESS
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STATE OF FLORIDA
COUNTY OF PALM BEACH
The above named applicant(s) being first duly sworn by ~e the
day and year above indicated, deposed and stated that ~herl
are/is the applicant(s) in the foregoing Application to Aba, on/
Vacate; that they have read the same and that the facts the ein
set forth are true ,and correct to the best of their knowledge.
My Commission Expires:
Notary Public, Stete of Rorida
My Commission Expires May 26, 1990
Bonded lhru Troy FI.n . Insur40CI Inc.
6-19-87
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, BIVED
OCT t 4 1981
PLANNING DEPT.
MEMORANDUM
To:
Cer~en Annunziato. Planning
Director C\ ~
Utilities,,\~
Frol'1:
John A. Guidry. Director of
Date: October 13. 19B7
Subject: Abandonl'1ent of Right-of-Way - Property owned by
C. L. Leel'1on (Holiday Inn)
We have no objection to the abandonl'1ent of the subject right-of-way. in
that a substitute utility ease~ent encol'1passing our utility lines run-
Ing through the property has already been recorded.
However. we request that said abandonl'1ent be Bpproved subject to prior
receipt of a hold-harl'1less agreel'1ent frol'1 Mr. Leel'1on for any dal'1age to
the wall which lies over our utility easel'1ent. The City l'1ust be absol-
ved of any responsibility for dal'1ege to said wall in the course of
repairing or l'1aintaining our utilities.
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Comcast Cablevlsion. Inc.
of West Palm Beach
1421 Oglethorpe Road
West Palm Beach, Florida 33405
(305) 659-6359
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~ COIVICAST
September 21~ 1987
City of Boynton Beach
Office of the City Engineer
120 N.E. 2nd Ave.
P.O. Box 310
Boynton Beach, FL. 33435
Attention: Thomas A. Clark
Re: Street Abandonment Request Submitted by C.L. leemon
Dear Mr. Clark:
We have reviewed the sketch for the above mentioned abandonment request.
lt has been determined that Comcast Cablevision does maintain aerial facilities
on the south side of Boynton Beach Blvd. These facilities are attached to
existing Florida Power &' Light 'poles.
If you have any questions or need additional information, please contact
the Engineering Department at 659-6359 ext 409.
Si~c.r.lY~ ~
~kin. ..
Construction Assistant
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MEMORANDUM
October 8, 1987
TO: Mr. Jim Golden
Senior City Planner
FROM: Tom Clark
City Engineer
RE: Holiday Inn Easement ~formerly a 50 ft. right-of-way
for N.W. 4th Street which was abandoned)
Forwarded herewith are copies of letters received from Utility
Companies as follows:
1. Florida Public utilities Company, letter of Sept. 18, 1987
2. Comcast Cab1evision, letter of Sept. 21, 1987
It is apparent from these comments that there is no interest in
this easement by these Utility Companies and since no response
was received from Florida Power & Light Company and Southern
Bell Telephone Company apparently they have no interest either.
Since this easement is no longer used for water and sewer lines,
I recommend that the easement be abandoned.
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Tom Clark
TAC:ck
attachments
cc: Sue Kruse, Deputy City Clerk
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PUBLIC
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FllRIDA
UTI L I ~.-..'ClS COM PANY
AOO_ISI .rltl.... 1'0 CO"'_."" AT
P. O. Drawer C
West Palm Beach, Florida 33402
September 18, 1987
Mr. Thomas A. Clark
City Engineer
City of Boynton Beach
120 N.W. 2nd Avenue
Boynton Beach, Florida 33435-8111
Dear Mr. Clark:
In reply to your letter of September l~, 1987, we wish to advise that Florida
Public Utilities Company has no objection to the abandonment of the existing
easement over the abandoned right-of-way for N.W. 4th Street between
N.W. 1st Avenue and Boynton Beach Boulevard.
At the present time, we have no gas distribution facilities within the
easement other than the servi:e line to the Holiday Inn Motel.
Yours very truly,
~~
B. R. Becker
Engineer
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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
Tuesday, Octobet 13, 1987 at 7:30 p.m. at Pine1and Plaza,',.
Commission Chambers, 211 S. Federal Highway, Boynton Beach to con-
sider an application to ABANDON a utility easement submitted by
property owner, C. L. Leemon, owner of Holiday Inn, on a parcel of
land more particUlarly described as follows:
That certain 50'. wide strip of land lying between Block
71 and Block 73 of Beverly Hills Addition No. 3~ as
recorded in Plat book 13, at Page 64, Public Records of
Palm Beach County, 'Florida; which certain 50' wide strip
of land constitutes the northerly extension of NW 4th
street in Boynton Beach, Florida, heretofore abandoned.
A PUBLIC HEARING will be held by the city C9mmission of the city
of Boynton Beach. on the above request on October 20, 1987, at 8:00
p.m. at Pine1and-Plaza, 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 considered at these meetings
will need a record of the proceedings 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 BORONI
CITY CLERK
CITY OF BOYNTON BEACH
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SK/mas
PUBLISH:
THE POST
'September 27 & October 4, 1987
CC: City Manager
City Attorney
City Planner
a/abandon
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MEMORANDUM
September 9, 1987
TO: BETTY BORONI, CITY CLERK
FROM: JAMES J. GOLDEN, SENIOR CITY PLANNER
RE: HOLIDAY INN-EASEMENT ABANDONMENT
Accompanying this memorandum you will find documents related to a
request for the abandonment of a utility easement. As the
property owner, C.L. Leemon, requested that he be allowed to make
the $350.00 payment in cash, he was directed to your office for
payment and issuance of a receipt.
Please advertise this request for a public hearing before the
Planning and Zoning Board at the October 13, 1987 meeting and
before the City Commission at the October 20, 1987 meeting.
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J~1ES J. ti'GOLDEN
JJG:ro
cc Central File
/3
RECEIVED
MEMOR A N D U M
TO: Mr. Carmen Annunziato DATE:
Planning Director
FROM: Betty S. Boroni RE:
City Clerk
Sept. 22,
S\:tl ~2 Em
rU\lniln~s IlJE1pr~
198'7'.,
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Planning & Zoning
Board meeting of
October 13, 1987
Forwarded herewith please find the notice covering the appli-
cation to abandon the utility easement submitted by C. L.
Leemon, owner of the Holiday Inn.
This notice is scheduled to be advertised in The Post
on September 27 and October 4, 1987.
~~/a~/eJ
Betty . Boroni
BSB/mas
Attachment
cc: City Manager
a/pz.memo
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FROM
RECEI"\TED
Mr. Carmen Annunziato
Planning Director
Sue Kruse
Deputy Ci ty;gpl~J;"~ 1987
PLANNji~G DEPT.
,.OLD.
SUBJECT: Application for P & Z me~t~DE-P-~-1~1J~~7
DA TE:-5~p~-O.-l.5.:",
PLEASE REPLY TO
REPLY
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Attached please find a copy of an Abandonment of utility Eaocmont
application submitted by property owner C. L. Leemon.
Please review and advise of your recommendation for approval or
disapproval in accordance with 22-40 (a) (1) of the code.
Thank you.
.
SUE KRUSE
SIG
No Comment.
DATE: 9-17-87
SIGNED
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Item' F269 (g) Wheeler Group Inc. 1979
THIS COPY FOR PERSON ADDRESSED
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MILES
17
PT. 10/87