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LEGAL APPROVAL /. , I , : !,.., ~ RESOLUTION NO. 88 PF 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. ,. II ~, 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". ... 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. '1 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 /) . 1;~ I! (ti~.w:~~ ('~~~Jr' t 1(}'~/.lfl4 ,<- comm~~s oner ( ~~.J,- Commissioner ~Ac:D~ commissioner ~ ATI'EST: .41/~ CitY/ _erk (Corpo~ate Seal) " 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. ....-- -. -. ..-.-.......-- - .. ......,... - -", , ...._~_._.",4..._.._ .~....__._~_....~_..._____~....._... ", ..... . -....-....-........-...-,.-. ~--_._- "-~~--..,- ~ . . II , 1I I' .; 'I " I, " .' : r ~ 1: ~ I Ii " I. r :1 Ii 'I I, I: I; II 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 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 ~, City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ~ day of ~v , 1988. '! II i! il iI' ATTEST: I' !! .' i' 1~ :!Cit~ " ~'-~ M or \: i I STATE OF FLORIDA II '! COUNTY OF PALM BEACH ) ) ss: ) :j !: ." ME, the 'undersigned ~tV< L?A.s.sANZJ~/9 authority, personally and 4E77"V $. BEFORE I appeared I! Ii I' ! ~At!:J1\/1 , 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 ~f/ , 19?8. " I, " ,j 1! . , ., / . .. . " . . . ;i I 'f, ", '0. 11~by p""r,t C:;'.. f n '.J ;..'.. (.-._._=" ~..",~ ~.'. ,f~ ("l .~~rf.J .. .........!..I ;'~,-,,~i:1 I.... "} ,..,n9 ~... ':<4;:., ".,.~. .'''' ..... ~ ,. ".-'~' .;." 4.'-'; ..... .tll, ''''.ur.,,jny , 11 .' ;: ~ \J.~' .. APPLICATION TO ABANDON/VACATE BOYNTON BEACH PLANNING DEPARTMENT APPLICATION INFORMATION FORM , 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. 4 -1 ! ~ APPLICATION TO ABANDON/VACATE ~- 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): ( ( ( ( ) ) X ) ) 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 ,.-- ? ~. ...... ---'~"D",.II"T1'~ "~~t..""ff~~;r.~' ~j . .: at . "ti ,.. ".J r \..' nt'l'; ,,~, t.,;,";if.-d.,' ,.,,'i...\ ~ , f ~ ..I ...... . :';.,~f ,!!~~ , ,... ,;'t' t: rl -s' f' ',/, .. . . .' '. . , , i ! ! ~ .,. Ii '\ I ~ ~ . , ~ :. "T l;'j ... r" 'f ~ '".... '., !:x.tlllJ 11.. ~'t\ ~: That ct.!rtnln 50' wId" Rtrlr elf Inllll Iyflln 1",t\o/.'C'n IIlock 7J nnd Block " .;.'. . . , ; , " ; , ., ~; . II 73 of BL'v('rly 1111,,, ^dcl1tlnn No.1, llH n'c'nrch-cl III "l:lt Hook 11 nt Vag'. 64, ,t;.~." : l:mcJ '~onstilutt.!~ till' norllwrly ('~tcn91nn of N.W. 4th Strt~et In Boynton Bt!4Ch, :j... ~X:~ t' , I'uhlll' Hccc'nls (If 1'.lIm 8c.:tc~h CUlIllty. r111rJclll; whl.:h c'c'rtllJn 50' wfdt! fltrlp uf -- Flurld.., hc.r('tofon' nh:lllclctlll'd. ~'. . r!: ,. \ '.:.,' ~ .:.-; ,. , .,~. /..~. :.' .' . '. . l' f f ~ ',', ;-.. ,:;. . ,if.. :-.l, , . ~ " ~ it I :~ 't f ~ I ,1 )1 . : ~ It :.~' , " ~ ,. ..,!" '. 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 .. 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 ti~o ~ 4J~'4- &cJ.. . . ~ ik..!:~ r.fl 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 7 . .' ~...- REC"" - , 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. dl'1t g J, - Comcast Cablevlsion. Inc. of West Palm Beach 1421 Oglethorpe Road West Palm Beach, Florida 33405 (305) 659-6359 . .~~~(<(~ --- ~ 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 , ' , , ._..__._._. ..... .. --.--.--.-..<0_." ....,....... ::. . ....'.... .....-..... -. '~'-......."'" ~'"":..:--... ~'i ~>{, .~ . , . , .J ~ .,'- . ~~=-~~=-~'~":,.. ".21.?:k . ::11 , ~ . '( os . " . ,:~~~2~'~:i,i~'<Njk:;,>.;. ' ... , . . _ .,' '" ,.. -' ,<, ,,\ - . I. ' , . ':' ".: ,~},,~ Ji~~i~~:?)j 1,'~Pt~rt" :<,>, ~ :.::;/ :,; ,:~,; t, " _~""""": tt,......~,l..~,;t'j 1;..9" "I'. 'J'I. ; ~ .. :.. !';;".;..... J~.,..j~~~:t..r 4:~.. ;~.,,:..~.<..'},~':.-: i_; . 'I",; .1. . ~~ .-....'~'J Al ~'~".lt...~."!of,~~ :;.....,( '\.1, i;';' . , ". ' '~~\>t~.H1~~tJ~i~;T.(Jj i~J',:,j, {<::;,~,~;~ <i>';\ " ....- .,,'\' ' . ,," \r,1 '..,. "'"i jfo', ... ,', "', {.'} . . .' " , .... 01, ,.k,' ~ '1 ...... of.. . ~ ~ .. .. ~ i." . ! l . . '~.r ""rj.'1'1:40.:1~' ~"~)- 'I.~~i..:..~.:..r..f\' . I' I .. j . .. .... >. I t t. J ~ -}" ~. . 't r "". ~. . ':: ",': ">!\; j;' Li': ';>:~.'~,!:: - :,'; ~/:, I': ,,' 'I' <.. ~: ' I . 1 ... '~I ~!, '..: 'I .l'.. " -1:" . ~, ',' .' .;:.),~:~ .1.,. ,~' ,: -, ;" .' :::;~r;~~;7~:t .-' 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. ~, ~~ .4 Vd - c:::r~ Tom Clark TAC:ck attachments cc: Sue Kruse, Deputy City Clerk '. .- , \ tv /. .. PUBLIC ~ 9~Q tl9/(' l r\ .\ ~V)' ~ 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 I ' .' . . . ' ".4' .', : :,.": . " ' '. . J I , c' ~, . : ~ .. '. 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 - '. ' SK/mas PUBLISH: THE POST 'September 27 & October 4, 1987 CC: City Manager City Attorney City Planner a/abandon }~ ~ 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. ,1 /,/~ I. ./~ 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'., ~ 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 If I: r TO I 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 ~~ 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 -~ Item' F269 (g) Wheeler Group Inc. 1979 THIS COPY FOR PERSON ADDRESSED , : l.N aa:'v'" SJ,.HOl:aH: : ' , ' . . \___.:.---- _ _ _ _ ------urn- __ ____________L .-~..."..,......-- I .... ..... : ~ ~ \. ~ , . ...... I I ~ ': B tu~ g ~ ...J tI) ~ _ II) :e !-< ~ , ! L \' f I I , \ I !-< o ;Z; I :- , ~ I ,. .. ,ii' ~, :, b If) .~ .- Z W ~.-- :E ..: W .... It ~ ..... ,~ W ': 't 'CO "'~' ~--- I ,... , .,., ~ ~. II) ,w ;> ;~ I .;""",.""":",,:,,,~,:.;::,;-""""""';"""'"",."":,~..:,.,:,:":",:<.,;;,;,,,.,,,...,~,,":""""~ '" .., ': ... ..... ... ,\ .., . .. "" 1 "" It\ '" .\ .... .... 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Cb' I f\.! .--- ~ -,--' -,;,--- ~ - ~ ... ~ .A"::: ',.:l ~' "'" ;---~.,--..,---- ........ ~ \ ... b ,...---..; I ',0:- - b'" I -~ W... ... 1 ... .... -1 Z ~ ~ ~ ~~ ......:!? ;;; ~ W o ~ ~ U 0.. ~- . ." ~ ] 0 .. ...... ...Ht 1 Nl.N'>.O 'Tv"'8 E~ ' t . .,. .. .6' '" ... .... '" I t .. n- t It\ \ ~ 1 III ~ !:: I : to.. m ~ , : ao '" , I ... .. .... \~ ~ .., .. .... .. . ::::: J .L lyU.,.~n.~ ..(1 ...~, .r --"'6, ~I. - .::::. . "I ::; () .... ..,. \..... ..-:- ....) ...... ~ \.... I \ I \ I I , I I i r- \ . I , I I \, I I I' , \ I \ : L_ i \ r- 1 .00 I. ,Z 'C,l I ,0 1<; I , I I '.. .., ~'I ,Ill I . ,- ,..! '- ."" '>- '.J 'e: 'Ll :> If.: Ill; I I I ~. . .. ] ......, I -1 ~ ~ I I \ JJ .ujl ~ J. ........' .,','" 1& LOCATION MAP :." ,. HO,LIDAY','.-'NN EASEMENT-ABAN eON M ENT . ? . ' ~ . -.- .-..~.-. .....~~--- ._-_..~ .'"- " -- - .-"'- . .. \ .--- . J ..Ol\ II 11\ "0 400 '800 1/4 .\ MILES 17 PT. 10/87