LEGAL APPROVAL
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hPPLICATION TO ABANDON/VACATE
BOYNTON BEACH PLANNING DEPARTI1ENT
APPLICATION INFOm.1ATION FORB
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This form must be filled out completely and accurately
and must accompany all applications submitted to the
Planning Department. (Three (3) conies of application
are required.)
PROJECT NAME:
Sandpiper Cove P.U.D.
AGENT'S NAME:
David S. Pressly, Esq.
625 No. Flagler Drive, 9th Floor, Barnett Centre
AGENT'S ADDRESS:
West Palm Beach, Florida 33401
AGENT'S PHONE:
(407) 659-7500
OWNER'S NAME:
(or Trustee's)
Boynton Beach Limited Partnership, a Florida
Limited Partnership
OWNER'S ADDRESS:
1225 Eye Street, N.W.
Washington, D.C. 20005
OWNER'S PHONE:
(202) 326-8329
PROJECT LOCATION: South side of N. W. 22nd Avp., ll? mi 1 p wpc::t-
(not legal description)
of Conqress Avenne.
CORRESPONDENCE
ADDRESS: * 625 No. F1aqler Drive. 9th Floor. Barnpt:t: ~pnt:rp
(if different than
agent or owner) West Palm Beach, Florida 33401
* This is the address to which all agendas, letters and
other materials will be forwarded.
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M?PLICAT!C~ TO ABANDON/VACATE
The undersigned, pursuant to Ordinance NO. 76-27 of the city of
Boynton Beach, Florida, hereby applies to the City cc..mission to
vacate, abandon, and discontinue the,
(check one):
(
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X )
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ALLEY
STREET
SPECIAL PURPOSF. 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. Sach 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 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.
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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 ) GRANT OF EASEMENT
( ) DEDICATION
( ) PRESCRIPTION
/..
Recorded in Official Records Book 3947 , Page] 628 ,
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.
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5. That the following constitutes a complete and accurate
schedule of all owners and occupants bounding and abutting the
property interest described above.
NAHE
ADDRESS,
Boynton Beach Limited Partnership
1225 ~e Street. N,W,
(the owner)
Washington. D.C. 20005
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6. That the following grounds and reasons are submitted in
support of this application:
The existing Grant of Easement (see Exhibit" A" hprpto) ,.nnr.=l; nc: V
qeneral map of the City's water mains and sanitary !';pwpr 1 ;npc: ;mn the--
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accessories thereto. Applicant is requesting that thp r; ry U.=I,..=Irp .=1""0
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abandon its easement riqhts under the existing Grant of FA~Pmpnr rn t-he
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extent that said Grant of Easement applies to l\pp 1 i cant ,~ prnp:.rt-y ( c:pp
Exhibit "B" hereto). The Applicant would then provide the City with a
new Grant of Easement over and upOn the Applicant'!'; prnpprt-y rnr t-hp
City's water mains and sanitary sewer lines and the accessories thereto
(see Exhibit "C").
DATED: June, .1988
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APPLICANT(S) NAME (PLEASE SIGN)
ADDRESS
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Boynton Beach Limited Partnership,
a Florida Limited Partnership, by
625 North Flagler Drivf'>.
9th Floor, Barnett Cpnrrp
David S. Pressly, Esq., Aqent
West Palm Beach. FT, ~340l
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--:P;d2. $JJY
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
is the applicant(s) in the foregoing Application to Abandon/
Vacate; that he has read the same and that the facts therein
set forth are true and correct to 'the best of his knowledge.
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NOTARY PUBLIC, State of ~'F-lo!:'ida-.'- .~-
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My Commission Expires:
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(Notary Seal)
.OTARY PUSlIC STATE OF FLORID.
MY COMMISSION EXP. APR 24.19S9
BonOED TKRU GENERAL INS. UNO.
6-19-87
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EXHIBIT "A" TO APPLICATION
TO ABANOON/VACATE
GRANT OF EASEMENT
THIS INDENTURE, made and entered into this ~~ day of
~ 1983, by and between SUNNY SOUTH ESTATES, INC.,
a Florid~ corporation, "Grantor" and CITY OF BOYNTON BEACH, a municipal
corporation, "Grantee", whose address is P.O. Box 310, Boynton Beach,
Florida 33435.
!!ITNESSETH:
WHEREAS, the Grantor is seized in fee s~le and in possession
Qf land located in Palm Beach County, Florida, described in Exhibit "A"
hereto and which is hereby made a part hereof; and
WHEREAS, Grantee is in need of an easement over a certain portion
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of said lands more particularly described below for the purpose of the
operation and maintenance of water mains and sanitary sewer lines and
the accessories th~~eto; and
WHEREAS, Grantor 'has agreed to grant to Grantee, its successors
and assigns, a perpetual, non-exclusive easement over the land describee
below, for the purposes and in the manner expressed below;
NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.001
~nd other good and valuable consideration paid to Grantor by Grantee,
receipt of which is hereby acknowledged, Grantor gra~ts unto Grantee,
its successors and assigns, full and free right and liberty for its
agents, employees and licensees to pass and repass along the provided
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I; easement lor the purpose of the operation and maintenance of water mains
and sanitary sewer lines and the accessories thereto, which easement is
more particularly described as being five (5) feet o~ either side of
the sanitary sewer collection system, all water mains, distribution lL~es,
and appurtenances theret,o, the locations of which systems, mains, lines
and appurtenances are on the real property described on said ~xhibit -A-
and are more particularly shown on Exhibit "0" attached hereto,
TO HAVE AND TO HOLD the easeaent hereby granted unto Grantee, its
~ successors and assigns, it being understood that said easement may
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'.. likewise be used by Grantor, its successors and assigns.
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THIS INSTRUMENT,PREPARED BY:
..JOHN F, FLANIGAN, ESQUIRE
P,O, BOX 3888
WEST PALM BEACH, FL 33402
RETURN TO:, Olrice of l~e Cif'1 C,!,\
. " Cit1 d Bojn!?Il :l~:a
. p, O. Bar 310
~108 BeKll. flcricb 33.(25
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IN WITNESS WHEREOF, Grantor haa caused these preaents to be signed
by ita proper officer. on ~ha day and year first above written.
(CORPORATE SEAL)
SUHKY SOO'rB BSTA'1'J!:S, INC.
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Its President
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Its Assi. nt' eo . ary
WITNESSBSz
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As to
INC.
STATE OF FLORIDA
SSe
COUNTY OF PALM BEACH
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The foregoing inntrument va. acknowledged before me this ~
day of' Or~".l , 1983, by"R 'h 'i?-..~ , as
President and~ Si+~ , aa Secretary
of SUNNY SOUTH ESTATES, DIC. on behalf of the Corporation. .,..;.~~,...:~~~.~:~.
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EXHIBIT "A"
TfIICI' "A-
PARCEL I
A par~l of land in Section 18, 'l'ownahip 45 SOUth, RAnge 43 East, palm Beach county,
rlodda, ~ing JlCre partiClllarly described as followsl
Q::nIlIencing at thfo East 1,01 corner of sectIon 18, 'IOwn8hip 45 South, RAnge 43 East,
thence south 89.00;'09" West ((or convenience, all ~aring8 descrIbed herein refer
to '''\ assuned bearing of N:lrth 01.44'21" East alorq the East 11ne of said Section 18)
alorq the Not'th line of the SOUtheast ~rter (St:: 1/4) of said Section 18, &
distance of 1351.46' to the ~int of eegiMing: thence SOUth 01.44'21" West a distance
of 1270,17' alorq a Hne parallel with an1 1350.0' (As measured ...t right arqles)
Westerly of the East line of said Section 18, thence South 88.59'55" West along the
tbrthedy Right-of-Way of N,W, 22nd Avenue, a distance of 803.45', thence South
01'44'21" ~st a distance of 50.06', thence SOUth 88.59'55" West a distance of 180.60',
thence North 21.00'05" West a distance of 53,20', thence SOUth 89"59'55" ~~st a
distance of 59.96', thence North 21.00'05" west a distance of 113.78', thence North
88"59'55" r~t a distance 'of 7.87', thence North 01"44'21" East a distance of 135,23',
thence North 88.59'55" East a distance of 19,45', thence North 01"44'21" EQst a
distance of 735.24', thence North 20'54'51" West a distl1llC'e of 113.45', thence North
01'4A'21" East a distance of 19,91', thence North 20'54'51" West a distance of 178,25',
the~ North 89"05'09" East along the North line of the SOUtheast ~rter (SE 1/4)
of said ~tion 18 a distance of 1193.74' to the ~int of BegiMing, together with the
following oo!'.cribed parcel lying in Sections 18 am 19, ToIoInship 45 South, R..'I.n:le 43
&1:;t, Palm Dcach County, Florida,
PARCEL II
Ccr.mencing at the East 1/4 corner of said Section 18, thence South 89"05"09" Nest along
the North line of the SOUtheast one-quarter (SE 1/4) of said Section 18, a dist~nce of
1351.46', thence SOUth 01"44'21" west along a line parallel with rind 1~~O,O' (As
measured at right angles) Westerly of the East line of said Section 18, " distance of
1370.28' to the Souther:y Right-of-way of N,W. 22nd Avenue and the FOint ,r Beginning;
thence continue South 01"44'21:' West a distance of 1270.15' to a FOint on ~he North
line of Section 19, Township 45 SOuth, Range 43 East, lying 1351,64' westelly (As
measured alorq the North line ,of said section 19) of the Northeast corner Ol said
Section 19, thence continue South 01'44'21" West a distance of 1253,52' to a line 70.0'
Northerly of (As measured at riqht arqles) an:! parul1el with the South line of the
NortJ. Half IN 1/2) of the Northeast QUarter (NE 1/4) of said Section 19, thence SOUth
88051'40" West, along-said parallel linr., a di~tance of 1081.30', thence NOrth
01'44'21" East a distance of )284.53' be a line 30.0' Northerly of (As measured at
right an:Jles) and parallel with the North line of said Section 19, thence North
80'54'46" F~st along said parallel line a distance of 50.33', thence r~rtr 21.05'14"
West a distance of 129.83., thence North 88"54'46" East a distance of 37.98", thence
Nt~th 21'05'14" west a distance of 97.90', thence North 01"44'21" East a distance of
785.15', thence North 88'59'53" East a distance of 44.74', thence North 21'00'05" West
a distance of 130,89', thence North 80"59'55" East a distance of 55.67', thence NOrth
21'00'05" West a distance of 126.70', thence North 88059'55" f.ast a distance of
277.15', thence continue North 89'59'35" East alon:} the SOUtherly Right-of-Way of
N,W, 22nd ^vr.nue, a distance of 803.45' to the ~int of Ecqinning.
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EXHIBIT .A", TRACr A
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'l'Jll\l1' "13"
7;)(' ~'~'!:~ ~.;,lf ,'" 1/2) o~ tht. UOI"lJJWCsl' Q"al'l'1r (l~'/ 1/4) oC the &luth':,J~t (,I-Jartcr
(~E J/~ I n~ the fooulhwe!tt OIlitrtcr (f)'W 1/4), h.!tj; the foouth 264 ((.ct t/:,.r<:'o!: ~h(' ..:..~t
:~:i1rt('1" :;...' 1/4) of th(' /:Ol'LI,r;iJst OlJ,u1.cr (NI: 1/4) of tile ~<>uUlwN;t (,','<tll cr : S,: 1/':',
h'ss the ~ortit 495 Coot oC t.hl:: Wc.1st 132 feet th(!ccof 1 thc! South Quarter (S 1/4) of the
:.lI'th'",-'~~ ~,'')l.tcr II~' 1/4) DC the. North\.w'-,~t OJartcr (NW 1/4) of th~ !;otJth..':!st Q,l<Jt"tcr
::~.. l.-'4,: L'J~ ,.:>rth hll'f (N 1/2) of the Southwest Quarter (::ow 1/4) of the So:.Jth"'o.:Sl
O:..ldrter {Sh" l/H, less the St:xJth 264 {eet thereof: the East 'halt IE 1/2) of the
I; ,rth...~st (l:...trwr OM 1/4) of the Sooth~st QJartC!r (SW 1/4), less the llorth 495 feet
t:,."H't,f; ;,FYj tOt' Southwr:>st OUilrtc!t' ISW 1/4) of the Northwt'st Q'"II'ter (:M 1/4) of U'1'"
~,,'..Jtr:._'st ',r,;.lllf...r (~i"l 1/4), .,11 wing in Section 18, 'I'oIo'r\.~tlip -= S South, F..l1I~J'''' ~3 !:'I::t
:,ri! SII:.}..ct to a 33,0' Rig/It or Way Cor l.,)wrcmct' Jload.
A!!'.o: 7h(! F..."lUth hillf (5 1/2) or the Southeast Quarter (5E 1/4) of the l:Orth'~~st (/.;,.rtcr
U;..; 1/4): ttl!: lJortilea!:t Quarter (tiE 1/4) of the SouthCilSt Quarter (SF:: 1/4' or the-
;..!tr;""'st (',bl'l!!r (1M 1/4': 'nle 50utht'ast Ouitrter (Sf: 1/4) oC tilt' NorCleilst Qo.J;H"t.Ct" un;
1/4) o! ti,e t'onn..~!:t Ou,ll"tcr (/M 1/4): the t.ast half (E 1/2) of the Nl.Jl:heitst 0.;". :'tct"
(!-iF: 1/4) of the Southeast (\'M"ter (Sf: 1/4) of the South\olQst Ouart!!r (S\\' 1/4): tit'! :~.,~t
t"rt."C.-fr"Il'UIs IE 3/4) oC We I.ot.th half (N 1/2) of the Southeast Qu.:lrtcr (S:: 1/4' of
::"..:: ,'"~. =: ",;~:-:t.:; (S;'" }/4); th'! r.ast threo;,-fourths (E 3/4) of t."lc :;:':-_":'~':!;: ~~:-:.t':;
I!:r. 1/';1 of ~he f.om/:"'.....st Quarter (SW 1/4': the \'~st half (W 112' of ::I~' 5:.;I..:I'....~Rt
'('..u.tl.lt" (5~ 114) CJf tile Sout.!'C,lSt Quarter (SE 1/4) of the South~'st Q.l-1rter (SI, 1/4);
"!~:~. f.ast "",I! IE 1/2) of tile Fonuthwcst QuiJrtet" (SW 1/4) oC the Soulh{';'I!:t C'.:artcr
(:-;F:: 1/4) (,! Ult" So-Jth"",st O.J.:.Irter (5'W 1/4), all 1n &!ction 16. 'r0'<;:\Sh1P ';5 Sc::th, r.iJ:l;e
.; 3 East,
'To:wthe.' wi th the following ocscribC!d p3rcel: Beginning at the Nort........est COtT'er of the
l.orthc:ast Q.,tartcr UtE 1/4) of Section 19, Township 45 South, Rangt' 43 East (said corner
also ~ing the South Quarter (5 1/4) corner of Section 18, Township 45 South, RJO)c 43
f:'1st) Pitl/!' acach Co.mty, Florida: thence bear South 0013'10" West along t....c \~st lir.e
o! the t:Or"tJIt'ast Ouarter (NE 1/4) of said Section 19 a distance of 1253,40' to an
:.rltt!:~ction 'with a linc "-0,0: llott.~ of (lis lTCasurcd at Right ^-"Y3lcs' to an:i ~.'al1d
Wlth the South line of thc t'orth Jlalf IN l/2) of the tlorth~,1st '(,)lldrtct" (r-:E: 1/.., o~ said
~;',.C':ion 19: tJ',ence: lJ:>rth SS.Sl'40" f.ast along said fUr.1l1el lin~ iJ disUlnce of'120,05';
UICllce :,orth 01.44'21" F;asl f.oralle1 to Southerly cxtcn:;ion of the: E.lst line o~ &'ction
le, 'iO'~,:".ship 45 South, Range 43 f.ast 'a distance of 1284,S3' to a lin~ 30,0' l~xthE.>t"ly
0: (lIS l-~iJsur(..o at Ri<]ht Angles) llOO ~"It"al1C!l with the North Iin!:' of s.lid SC'ctlon HI,
tJl~"ICC lnrth 88.54 '46" Fast along said parallel linc a distance of 50,33', t.~cnce l'orth
ll.0~'14" :':(.st a distance of 129.63', thence Nm.th 88054'46" East a ci~Ulncc of 37,!lc',
:.t.t'lIC'c J:='rtn 21"05'1';" Hest a dist."Incc of 97.90', thencc lJorth 01.';,; '21" East a
c1: ~:tiolK,'t.' of 78!i. 15', thcncc'i1orth 88059' 5:l" F'.m;t a dist;lncc of "4,74', lh'~nce ::ort....
:tl"0(J'C15~ :';,'st a clisU,nce of 130,69'. Ulcncc Ilol'U, S1l059'5S" East u dl~~,"InC!- o! 55,67',
tl,'.:r...:<:: !,Clrl}, 21"00'05" West a cli!;tant.~ of 126,70', UII.:IIt:e: tlorth r.cO~!P~5" Fast a
r:::~:.'~ICt' of l77.1S', Ulcnce IQltt. 01044'21" F'.'L:;t d .liSlllllCC of ')0.06', ttlCIIC~ :-=O'Jtl:
hr.' :..~.:..~.. ::,.st ;, rii:.li.nce of UW,C,O', U.'.:lIce Ilol'II. 21000'05" Wc:;t .... rlh:::,',::~ 0: 53,~C',
ll,..T.C(: ~"'."JltJ U(;"~~':l~" .it...st iJ di!Ha':l~ 01 !J9.!Ju', tJJ':nc~.. :"11.h 2J"00'05" ~.:~...st .a
c1bl..ncc: of 113,18', thence r:ul'th 8co!i9'5!i" r..1fit <l distuncc of 7,87', Ulence Sorth
C1!0"~'21" r:::;t i't t!i!;t.;mce of 135,23', lIl',n<.:c ;.,Jl'th Ufl059'S5" F".ast <'l ci~t.1'lC':' 0:
I!I, -I:;', ! l...,:.::': ;iol'l.f1 01044' 21" ':.l5t .. II: !,liIllCC 0: 7 35, ~4', c.cncc 1:">l'tl1 :!oo 54' 51" \-:,~st'
., '::!'::.rl("!.' of 1!3.~S', tI'f,"r.C' /......h 0IOil4'21" I~,,::, a ni5:-.~nc(.' of l'J.~l', ItwnC'c "~n,.'"
;!(J":'';':,l~ ;:.'::t iJ c:.:~;!...IIt."C.. of l'JIl,~5', ti.'m('c South tl!;l.05'O!;l" ,';cst 0.110:';: t.."lt' ;;Ol'th hr.c
I': ~:-"" s..,J:..:..,':.:;~ Cr.:c.-':'.:actcr C~r. 1/4) of :;aid F".'clion 18 a dist.,ncc: 0: 3.0' to th~
I'.'l,l':r c..~ ,.oir. ~:','ct Jon 18, 1/,...."..:'"' South 0:':033'14" \-:~st along the I>.:rot ;inc o! t.'1~
!4..';.' .:!i~ (..... tl'~'r (!:it: ll~) of :.t1id ~1ction 10;., ,~~:~t.'llICC of ~64('.17' tc t:'f) ~Jt..""
'.',1 ,ll ':1" lXJr....'" o! !~'tid !if:t."tlon IS, ilIn Ule Point o! lV.'9innll1g,
'__'If.tining 1<',),161 ...crcs IIOrc ot" less.
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-----
83947
. .
P.1632
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TO
BE
CONSTRUCTED
BY
RECMD nNtAm
rAt'" UUCH COUHTY, ~
JOIiHB.OUH1C.lE
CWIC CIRCUIT COUAT
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PLAN
OF
UTILITY
FACILITIES
..... t.-.. Jr .'"
EXHIBIT "B" TO
APPLICATION TO ABANDON/VACATE
RETURN TO:
Moyle, Flanigan, Katz,
FitzGerald & Sheehan, P.A.
David S, Pressly, Esq,
P,O, Box 3888
West Palm Beach, FL 33402
~
PREPARED BY:
Moyle, Flanigan, Katz,
FitzGerald & Sheehan, P.A,
David S. Pressly, Esq.
P.O, Box 3888
West Palm Beach, FL 33402
rSoace above this line for recording data,l
051388-5
1479P
. -
PARTIAL RELEASE AND TERMINATION
OF
GRANT OF EASEMENT
.. -
THIS PARTIAL RELEASE AND TERMINATION OF GRANT OF EASEMENT is
executed this
day of
1988, by the City of
Boynton Beach, a municipal corporation of the State of Florida.
WIT N E SSE T H:
WHEREAS, the City of Boynton Beach (hereinafter referred to as
the "City") was granted an easement pursuant to that certain Grant
of ' Easement recorded May 20, 1983, in Official Records Book 3947,
Page 1628, in the Public Records of Palm Beach County (hereinafter
referred to as the "Easement"); and,
WHEREAS, Boynton Beach Limited Partnership, a Florida Limited
.,
Partnership (hereinafter referred to as the "Owner"), is the fee
simple owner of a portion of the lands' subject to the Easement
(hereinafter referred to as the "Owner's Property"); and
WHEREAS, the Owner' s Property is more particularly described
in Exhibit "A" annexed hereto; and,
WHEREAS, the Owner has requested that the Ci ty release and
terminate the Easement as it applies to the Owner's Property.
NOW, THEREFORE, for good and valuable consideration received
by the City from the Owner, the City hereby releases and
terminates the Easement to the extent that said Easement applies
1,)
to the Owner's Property (described in Exhibit "A" annexed hereto);
provided, that, except for the ,release and termination herein with
respect to the Owner's Property, nothing contained herein shall in
anywise impair, alter or diminish the effect of the Easement as it
applies to the balance of the property (i. e. the property other
than the Owner's Property) subject to said Easement.
IN WITNESS WHEREOF, the City has caused this instrument to be
duly signed on the date above written.
WITNESSES:
CITY OF BOYNTON BEACH, a
Municipal Corporation of the
State of Florida
. -
.. -
(1 )
(2)
By: Its City Commission
By:
Its Mayor
Attested to by:
City Clerk
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this ____
day 0 f , 19 8 8 , by ,
as Mayor of the City of Boynton Beach, a Municipal Corporation of
the State of Florida, on behalf of the City Commision of the City
and on behalf of the City,
Notary Public.
(NOTARY SEAL)
My Commission Expires:
..
-2-
1479P Jf).
051388-3
1479P/3
EXHIBIT "A" TO
PARTIAL RELEASE AND TERMINATION
OF GRANT OF EASEMENT
OWNER'S PROPERTY
ALL OF THE PLAT OF SANDPIPER COVE P.U.D., ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 56, PAGES 1 THROUGH 4, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT THE
FOLLOWING DESCRIBED PARCEL:
.. -
A PARCEL OF LAND IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA, BEGINNING AT THE INTERSECTION OF A
LINE 54.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE
SOUTH ONE HALF (S. 1/2) OF THE SOUTH ONE HALF (S. 1/2) OF SAID
SECTION 18, ALSO BEING THE CENTERLINE OF N.W. 22ND AVENUE AS SAME
IS RECORDED IN ROAD PLAT BOOK 4, PAGES 249 AND 250 AND IN OFFICIAL
RECORD BOOK 3283, PAGES 1107 AND 1108, PALM BEACH COUNTY, FLORIDA,
PUBLIC RECORDS, WITH A LINE 40.00 FEET EAST OF A~D PARALLEL WITH
THE WEST LINE OF THE SOUTHWEST ONE QUARTER (S.W. 1/4) OF SAID
SECTION 18, ALSO BEING THE CENTERLINE OF LAWRENCE ROAD; THENCE
BEAR SOUTH 03013' 23" WEST, PARALLEL WITH THE CENTERLINE OF SAID
LAWRENCE ROAD, A DISTANCE OF 25,00 FEET; THENCE NORTH 46006' 40"
EAST, A DISTANCE OF 36,63 FEET; THENCE SOUTH 88059'56" WEST,
PARALLEL WITH THE CENTERLINE OF SAID N.W. 22ND AVENUE, A DISTANCE
OF 25.00 FEET TO THE POINT OF BEGINNING.
. .
.
/g-;
EXHIBIT "C" TO APPLICATION
TO ABANDON/VACATE
RETURN TO:
Moyle, Flanigan, Katz,
FitzGerald & Sheehan, P.A.
David S. Pressly, Esq.
P.O. Box 3888
West Palm Beach, FL 33402
PREPARED BY:
Moyle, Flanigan, Katz,
FitzGerald & Sheehan, P.A.
David S. Pressly, Esq.
P.O. Box 3888
West Palm Beach, FL 33402
rSpace above this line for recording data.l
051388-5
1480P
. '
GRANT OF EASEMENT
" -
THIS INDENTURE made and entered into this ____ day of
,
1988, by Boynton Beach Limited Partnership, a Florida Limited
Partnership, hereinafter referred to as the "Grantor", and the
City of Boynton Beach, a municipal corporation, hereinafter
referred to as the "Grantee", whose address is 211 South Federal
Highway, Boynton Beach, Florida, 33435.
WITNESSETH:
WHEREAS, the Grantor is seized in fee simple and in possession
of land located in Palm Beach County, Florida, described in
Exhibi t "A" annexed hereto, which is hereby made a part hereof
(hereinafter referred to as '''Grantor's Property"); and,
WHEREAS, Grantee is in need of an easement over a certain
portion of Grantor's Property for the purpose of operating,
maintaining,
and
replacing
underground
water
distribution
facilities and underground sanitary sewer facilities; and,
WHEREAS,
Grantor has agreed to grant to Grantee,
its
successors and assigns, a perpetual , non-exclusive easement for
the purposes and in the manner expressed below.
NOW, THEREFORE, in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration paid to Grantor
by Grantee, the receipt of which is hereby acknowledged, Grantor
Ir1;
hereby grants unto Grantee,
its successors and assigns, a
perpetual, non-exclusive easement over, under and upon that
certain property described
in Exhibi t
"B"
annexed hereto
(hereinafter referred to as the "Easement Property"), for the
purposes of operating, maintaining, and replacing underground
water distribution facilities and underground sanitary sewer
facilities.
This Easement shall run with the Easement Property and shall
be binding upon the owner of the Easement Property, and its
successors and assigns.
IN WITNESS WHEREOF, Grantor has caused these presents to be
.
duly signed on the day and year first above written.
.
Signed, Sealed and Delivered
in the Presence of:
BOYNTON BEACH LIMITED
PARTNERSHIP, a Florida
limited partnership
By: NHP REAL ESTATE
CORPORATION, a Delaware
corporation, General
Partner
(1)
(2)
By:
Its Vice President
(CORPORATE SEAL)
By: BOYNTON ENTERPRISES, INC.,
an Illinois corporation,
General Partner
(1)
(2)
By:
Its President
(CORPORATE SEAL)
WASHINGTON D.C.
)ss
The foregoing instrument was acknowledged before me this_
day of , 1988, by , as Vice
President of NHP REAL ESTATE CORPORATION, a Delaware corporation,
General Partner of BOYNTON BEACH LIMITED PARTNERSHIP, a Florida
limited partnership, on behalf of said limited partnership.
NOTARY PUBLIC
(NOTARIAL SEAL)
My Commission 'Expires:
-2-
1480P
l~
STATE OF ILLINOIS )
)ss
COUNTY OF DuPAGE )
The foregoing instrument was acknowledged before me this _
day of , 1988, by John C. Wendland, as President of
BOYNTON ENTERPRISES, INC., an Illinois corporation, General
Partner of BOYNTON BEACH LIMITED PARTNERSHIP, a Florida limited
partnership, on behalf of said limited partnership,
NOTARY PUBLIC
(NOTARIAL SEAL)
My Commission Expires:
IN WITNESS WHEREOF, the undersigned, for $10.00 and other good
and
valuable
considerations,
receipt
of
which
is
hereby
acknowledged, have executed this Grant of Easement for the
. .
purposes of subordinating the lien of their respective mortgages,
. '
and/or subordinating any other rights each may have in and to the
Easement Property, to the terms of this instrument.
Signed, sealed and delivered
in the presence of:
THE FIRST NATIONAL BANK OF CHICAGO,
a national banking association
By:
Its Vice President
(Seal)
Signed, sealed and delivered
in the presence of:
LINCOLN NATIONAL PENSION INSURANCE
COMPANY, an Indiana corporation
By: Lincoln National Investment
Management Company, its
Attorney-In-Fact
By:
Its Vice President
(Corporate Seal)
Signed, sealed and delivered
in the presence of:
PROPERTY CAPITAL TRUST, a
Massachusetts business trust
By:
Walter F. Leinhardt, as Trustee
and not individually
(Seal)
-3-
1480P
]JJi
WASHINGTON D.C. )
The foregoing instrument was acknowledged before me
day of I 1988, by
President of THE FIRST NATIONAL BANK OF CHICAGO, a
Banking Association, on behalf of said Association.
this _
I as Vice
National
Notary Public
(NOTARY SEAL)
My Commission Expires:
STATE OF
COUNTY OF
)
)
The foregoing instrument was acknowledged before me this _
day of , 1988, by I as Vice
President of LINCOLN NATIONAL INVESTMENT MANAGEMENT COMPANY,
Attorney-In-Fact of LINCOLN NATIONAL PENSION INSURANCE COMPANY, an
.. Indiana corporation, on behalf of the Corporation.
. .
Notary Public
(NOTARY SEAL)
My Commission Expires:
STATE OF NEW YORK
COUNTY OF NEW YORK
)
)
The foregoing instrument was acknowledged before me this _
day of , 1988, by Walter F. Leinhardt, as Trustee
and not individually of PROPERTY CAPITAL TRUST, a Massachusetts
business trust, on behalf of said Trust.
Notary Public
(NOTARY SEAL)
My Commission Expires:
-4-
1480P
It
.,
051388-4
1480P/5
EXHIBIT "A" TO GRANT OF EASEMENT
Legal Description of Grantor's Property
ALL OF THE PLAT OF SANDP I PER COVE P , U . D., ACCORD I NG TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 56, PAGES 1 THROUGH 4, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT THE
FOLLOWING DESCRIBED PARCEL:
. .
A PARCEL OF LAND IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA, BEGINNING AT THE INTERSECTION OF A
LINE 54.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE
SOUTH ONE HALF (S. 1/2) OF THE SOUTH ONE HALF (S, 1/2) OF SAID
SECTION 18, ALSO BEING THE CENTERLINE OF N.W. 22ND AVENUE AS SAME
IS RECORDED IN ROAD PLAT BOOK 4, PAGES 249 AND 250 AND IN OFFICIAL
RECORD BOOK 3283, PAGES 1107 AND 1108, PALM BEACH COUNTY, FLORIDA,
PUBLIC RECORDS, WITH A LINE 40.00 FEET EAST OF AND PARALLEL WITH
THE WEST LINE OF THE SOUTHWEST ONE QUARTER (S.W. 1/4) OF SAID
SECTION 18, ALSO BEING THE CENTERLINE OF LAWRENCE ROAD; THENCE
BEAR SOUTH 03013' 23" WEST, PARALLEL WITH THE CENTERLINE OF SAID
LAWRENCE ROAD, A DISTANCE OF 25.00 FEET; THENCE NORTH 46006'40"
EAST, A DISTANCE OF 36.63 FEET; THENCE SOUTH 88059'56" WEST,
PARALLEL WITH THE CENTERLINE OF SAID N.W. 22ND AVENUE, A DISTANCE
OF 25.00 FEET TO THE POINT OF BEGINNING.
.. '
)1
." ..
~
022387-1
1480P/6
EXHIBIT "B" TO GRANT OF EASEMENT
Legal Description of Easement Property
DESCRIPTION: PORTIONS OF "TRACT E". "SANDPIPER COVE P,U.D,... ACCORDING
TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 56. PAGES 1. 2. 3. AND'4
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
EASEMENT (SANITARY SEWER SYSTEM)
A 12.00 FOOT WIDE PARCEL LYING 6.00 FEET BOTH SIDES OF THE FOLLOWING
DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHWEST CORNER OF,' "TRACT A" OF SAID PLAT; THENCE
NORTH 1.000'04" WEST, ALONG THE WEST LINE OF SAID "TRACT A", A DISTANCE
OF 56.04 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE
SOUTH 89021'48" WEST, A DISTANCE OF 1.65.47 FEET TO'A POINT HEREINAFTER
REFERRED TO AS POINT "MH 24"; THENCE NORTH 88021'17" WEST, A 'DISTANCE
OF 335.85 FEET; THENCE SOUTH 0048'53" EAST, A DISTANCE OF 117.88 FEET
TO THE POINT OF TERMINUS OF SAID CENTERLINE.,
. ";
AND
.j
EASEMENT
.(SANITARY ,SEWER SYSTEM)
A 12.00 FOOT WIDE PARCEL LYING 6.00,FEET BOTH SIDES OF THE FOLLOWING
DESCRIBED CENTERLINE: "
COMMENCING AT THE AFOREMENTIONED POINT, "MH 24"; THENCE SOUTH 1057"37"
WEST, A DISTANCE OF 269.19 FEET,TO THE SOUTH BOUNDARY OF SAID PLAT AND
THE POINT OF TERMINUS OF SAID, CENTERLINE, THE .SIDES OF SAID PARCE~TO
LENGTHEN OR SHORTEN TO INTERSECT SAID ,SOUTH BOUNDARY.
, .
AND'
EASEMENT
(SANITARY SEWER SYSTEM)
A 12.00 FOOT WIDE PARCEL LYING 6.00 FEET BOTH SIDES OF THE FOLLOWING
DESCRIBED CENTERLINE: ' '
COMMENCING AT THE' SOUTHWEST,CORNER,OF "TRACT B" (SANDPIPER DRIVE) OF
f SAID PLAT; THENCE SOUTH" 810 37,' 31" 'EAST; "'A' DISTANCE OF 42.00 FEET;
THENCE NORTH. 80 22'29" EAST, ,A 'DISTANCE OF 40.00 FEET, TO THE..,POINT OF,
CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE NORTHERLY, ALONG THE
ARC OF SAID CURVE HAVING A RADIUS OF,979.00'FFET, AN ARC DISTANCE OF
79.29 FEET TO THE POINT OF BEGINNING Of SAID ,CENTERLINE, THE LAST
THREE DESCRIBED COURSES BEING COINCIDENT WITH THE SOUTHERLY AND
EASTERLY LINES OF SAID "TRACT BU. 'THE SIDES OF, SAID PARCEL TO LENGHTEN
OR SHORTEN TO INTERSECT SAID SOUTHERLY' AND EASTERLY LINES; THENCE
SOUTH 780 15'44" EAST, A DISTANCE OF 135.85 FEET TO THE POINT OF
TERMINUS OF SAID CENTERLINE.
AND
EASEMENT ~ (SANITARY SEWER SYSTEM)
A 12.00 FOOT WIDE PARCEL LYING'6.00 FEET BOTH SIDES OF THE FOLLOWING
DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHWEST CORNER OF "TRACT B" (SANDPIPER DRIVE) OF
SAID PLAT; THENCE SOUTH 81037'31" EAST, ALONG THE SOUTHERLY LINE OF
SAID "TRACT B". A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING OF
SAID CENTERLINE. THE SIDES OF SAID PARCEL TO LENGTHEN OR SHORTEN TO
INTERSECT SAID SOUTHERLY LINE; THENCE SOUTH 14014'38" WEST, A DISTANCE
OF 44.15 FEET; THENCE SOUTH 3007'49~' EAST, A DISTANCE OF 130.20 FEET;
THENCE SOUTH 17 37'30" EAST, A DISTANCE OF 119.83 FEET; THENCE SOUTH ,~
(Paqe 1 of 5) ", "':'~'I'
. . ,
'700 35'36" EAST, A DISTANCE OF 1823,70 FEET; THENCE NORTH 8801.6'32"
EAST, A DISTANCE, OF 211.,76 FEET TO THE POINT OF TERMINUS OF SAID
CENTERLINE,
AND
EASEMENT (SANITARY SEWER SYSTEM)
A 12,00 FOOT WIDE PARCEL LYING 6.00 FEET BOTH SIDES OF THE FOLLOWING
DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHEAST ,CORNER 'OF SAID PLAT~ THENCE SOUTH 880
59'56" WEST, ALONG THE NORTHERLY BOUNDARY OF SAID PLAT, A DISTANCE OF
152.39 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE' THENCE SOUTH
60 36'52" EAST, A DISTANCE OF 76.95 FEET, THE SIDES OF SAID PARCEL TO
LENGTHEN OR SHORTEN TO INTERSECT SAID NORTHERLY BOUNDARY. THENCE SOUTH
30 16'00" WEST, A DISTANCE OF 367.05 FEET TO THE NORTHERLY BOUNDARY OF
"TRACT B" (SANDPIPER DRIVE) OF SAID PLAT AND THE POINT OF TERMINUS OF
SAID CENTERLINE, THE SIDES OF SAID PARCEL TO LENGTHEN OR SHORTEN TO
INTERSECT SAID NORTHERLY,BOUNDARY' OF '''TRACT B" (SANDPIPER DRIVE),
AND..'. "
. .
EASEMENT , (SANITARY ,SEWER SYSTEM)
A 12.00 FOOT' WIDE PARCEL LYING 6.00 FEET BOTH SIDES OF THE FOLLOWING
DESCRIBED CENTERLINE:
. .
COMMENCING AT THE AFOREMENTIONED POINT OF TERMINUS OF EASEMENT "L";
THENCE SOUTH 3016'00" WEST, A DISTANCE OF 27.77 FEET; THENCE NORTH 880
27'39" WEST, A DISTANCE OF 34.25 FEET TO A POINT ON THE SOUTHERLY
BOUNDARY OF "TRACT B" (SANDPIPER DRIVE) OF SAID PLAT AND THE POINT OF
BEGINNING OF SAID CENTERLINE; THENCE CONTINUING NORTH 88027'39" WEST,
A DISTANCE OF 100.88 FEET, THE SIDES OF SAID PARCEL TO LENGTHEN OR
SHORTEN TO INTERSECT SAID SOUTHERLY BOUNDARY OF SAID "TRACT B"
(SANDPIPER DRIVE), TO THE POINT OF TERMINUS OF SAID CENTERLINE.
AND
EASEMENT (WATER DIST. SXSTEM)
A 12.00 FOOT WIDE PARCEL LYING 6.00 FEET BOTH SIDES OF THE FOLLOWING
DESCRIBED CENTERLINE:
,
COMMENCING AT THE SOUTHWEST CORNER OF "TRACT B" (SANDPIPER DRIVE) OF
SAID PLAT; THENCE SOUTH 81037'31" EAST, ALONG THE SOUTHERLY LINE OF
SAID "TRACT B", A DISTANCE OF 42.00 FEET; THENCE NORTH 8022'29" EAST,
ALONG THE EASTERLY LINE OF SAID "TRACT B", A DISTANCE OF 14.64 FEET TO
THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE SOUTH 75045'22"
EAST, A DISTANCE OF 9.71 FEET, THE SIDES OF SAID PARCEL TO LENGTHEN OR
SHORTEN TO INTERSECT SAID EASTERLY LINE, TO THE POINT OF TERMINUS OF
SAID CENTERLINE.
.
AND
EASEMENT (WATER DIST. SYSTEM)
A 12,00 FOOT WIDE PARCEL LYING 6.00 FEET BOTH SIDES OF THE FOLLOWING
DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHWEST CORNER OF "TRACT B" (SANDPIPER DRIVE) OF
SAID PLAT; THENCE SOUTH 81037'31" EAST, ALONG THE SOUTHERLY LINE OF
SAID "TRACT B", A DISTANCE OF 26,36 FEET TO THE POINT OF BEGINNING OF
SAID CENTERLINE; THENCE SOUTH 60 21'54" WEST, A DISTANCE OF 103,80
FEET, THE SIDES OF SAID PARCEL TO LENGTHEN OR SHORTEN TO INTERSECT
SAID SOUTHERLY LINE; THENCE SOUTH 7013'02" WEST, A DISTANCE OF 97,36
FEET~ THENCE SOUTH 1.104~'35" EAST, A DISTANCE OF 16,58 FEET TO A POINTo
HEREINAFTER REFERRED TO AS POINT "TEE 1"~ THENCE CONTINUING SOUTH 1.1
1.3'35" EAST, A DISTANCE OF 109,13 FEET; THENCE NORTH 89057'02" EAST, A
DISTANCE OF 275,97 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT
"a"; THENCE SOUTH 1013'28" EAST, A DISTANCE OF 39,00 FEET TO THE POINT
OF TERMINUS OF SAID CENTERLINE.
AND
(page 2 of 5)
~'fb
EASEMENT (WATER DIST, SYSTEM)
A 12,00 fOOT WIDE PARCEL LYING 6,00 fEET BOTH SIDES Of THE fOLLOWING
DESCRIBED CENTERLINE:
COMMENCING AT THE AfOREMENTIONED POINT "TEE 1"; THENCE SOUTH 72022'30"
WEST, A DISTANCE Of 36.00 FEET TO THE POINT Of TERMINUS Of SAID
CENTERLINE.
AND
EASEMENT (WATER DIST. SYSTEM)
A 12.00 FOOT WIDE PARCEL'LYING'6.00 fEET BOTH SIDES OF THE FOLLOWING
DESCRIBED CENTERLINE: -
COMMENCING AT THE AFOREMENTIONED POINT "Q"; THENCE NORTH 82042'03"
EAST, A DISTANCE Of 86.60 FEET TO THE POINT OF CURVATURE Of A CIRCULAR
CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS SOUTH 9011'09" EAST FROM
SAID POINT; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE, HAVING A
RADIUS OF 348.98 fEET, AN ARC DISTANCE OF 102.21, FEET TO THE POINT OF
TANGENCY; THENCE SOUTH 880'24'00" EAST, A DISTANCE OF 203.27 FEET TO
THE POINT OF TERMINUS OF SAID CENTERLINE, SAID POINT BEING FURTHER
DESCRIBED AS BEING ON THE WESTERLY RIGHT-Of-WAY LINE OF SAID "TRACT B
"SANDPIPER DRIVE), THE SIDES OF SAID PARCEL TO LENGTHEN OR SHORTEN TO
. INTERSECT. SAID WESTERLY RIGHT-Of-WAY LINE,
AND
~ .
EASEMENT (WATER DIST. SYSTEM)
A 12.00 FOOT WIDE PARCEL LYING 6.00 FEET BOTH SIDES OF THE FOLLOWING
DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID PLAT; THENCE SOUTH 880
59'56" WEST, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING OF
SAID CENTERLINE; THENCE SOUTH 1000'04" EAST, A DISTANCE OF 7.50 FEET;o
THENCE ,SOUTH 42014'21" WEST, A DISTANCE OF 216.80 FEET; THENCE SOUTH 3
16'00" WEST, A DISTANCE OF 59.00 FEET TO A POINT HEREINAFTER REFERRED
TO AS POINT "S"; THENCE CONTINUING SOUTH 3016'00" WEST, A DISTANCE OF
211.12. FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE, SAID POINT
BEING FURTHER DESCRIBED AS BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF
SAID "TRACT B" (SANDPIPER DRIVE), THE SIDES OF SAID PARCEL TO LENGTHEN
OR SHORTEN TO INTERSECT SAID ~ORTHERLY RIGHT-OF-WAY LINE.
AND
EASEMENT (WATERDIST. SYSTEM)
A 12.00 FOOT WIDE PARCEL LYING 6.00 FEET BOTH SIDES OF THE FOLLOWING
DESCRIBED CENTERLINE:
8EGINNING AT THE AFOREMENTIONED POINT "S"; THENCE NORTH 86044'00"
WEST, A DISTANCE OF 39.00 FEET TO THE POINT OF TERMINUS OF SAID
CENTERLINE.
AND
,"
EASEMENT . (SANITARY SEWER SYSTEM & WATER DIST. SYSTEM)
A 36.00 FOOT WIDE PARCEL LYING 18.00 FEET BOTH SIDES OF THE FOLLOWING
DESCRIBED CENTERLINE:
COMMENCING AT A NORTHWEST CORNER OF SAID "TRACT 8" (SANDPIPER DRIVE);
THENCE SOUTH 82024'00" EAST, A DISTANCE OF 15.00 FEET TO THE POINT OF
CIRCULAR CURVATURE TO THE LEFT; THENCE EASTERLY AND NORTHERLY, ALONG
THE ARC OF SAID CURVE, HAVING A RADIUS Of 54.00 FEET, AN ARC DISTANCE
OF 90,35 FEET TO THE POINT OF TANGENCY; THENCE NORTH 1044'21" EAST. A
DISTANCE OF 233.86 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE,
THE LAST THREE DESCRI~ED COURSES BEING COINCIDENT WITH THE NORTHERLY
AND EASTEnLY RIGHT-OF-WAY LINES Of SAID "TRACT B"; THENCE NORTH' 840
34'51" WEST, A DISTANCE Of 184,00 FEET TO THE POINT OF TERMINUS OF
SAID CENTERLINE.
AND
(Page 3 of 5)
.)~
."", . . ..,
EASEHENT (WATER DIST, SYSTEH)
A 12,00 FOOT WIDE PARCEL LYING 6,00 FEET BOTH SIDES OF THE FOLLOWIllG
DESCRIBED CENTERLINE,
COHHENCING AT THE NORTHWEST CORNER "TRACT B "(SANDPIPER DRIVE); THENCE
SOUTH 460 00'04" EAST, A DISTANCE OF 35.36 FEET; THENCE SOUTH 1000'04"
EAST, A DISTANCE OF 108.65 FEET TO THE POINT OF CURVATURE OF A
CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHWESTERLY, ALONG THE ARC OF
SAID CURVE, HAVING A RADIUS OF 380.00 FEET, AN ARC DISTANCE OF 132,27
FEET TO THE POINT OF TANGENCY; THENCE SOUTH 1015'13" EAST, A DISTANCE
OF 9.05 FEET TO THE ',POINT OF BEGINNING OF SAID CENTERLINE, THE LAST
FOUR DESCRIBED COURSES BEING COINCIDENT WITH THE WESTERLY RIGHT-OF-WAY
LINE OF SAID "TRACT B"; THENCE NORTH 84054'06" WEST, A DISTANCE OF
58,37 FEET; THENCE NORTH 44015'30" WEST, A DISTANCE OF 147.29 FEET;
THENCE NORTH' 860 28'09" WEST, A DISTANCE OF 151.02 FEET TO A POINT
HERINAFTER REFERRED TO AS POINT "V"; THENCE CONTINUING NORTH 86028'09"
WEST, A DISTANCE OF 37.88 FEET TO A POINT HEREINAFTER DESCRIBED AS
POINT "W"; THENCE CONTINUING NORTH 860 28'09" WEST, A DISTANCE OF
166.62 FEET; THENCE NORTH ,23022'74" WEST, ^ DISTANCE OF 43.92 FEET;
THENCE NORTH - 1,000' 04" WEST, A DISTANCE OF 22.69 FEET; THENCE SOUTH 880
59'56" WEST, A ,DISTANCE OF 202.35 FEET TO THE POINT OF CURVATURE OF,A
CIRCULAR CURVE 'TO" THE '..LEFT; THENCE SOUTHWESTERLY, ALONG THE ARC OF
SAID CURVE, HAVING A RADIUS OF 269.22 FEET, AN ARC DISTANCE OF 156.88
. FEET; THENCE SOUTH 86035'11" WEST, A DISTANCE OF 71.91 FEET TO THE
POINT OF TERMINUS OF SAID CENTERLINE, SAID POINT BEING FURTHER
DESCRIBED AS BEING ON THE WESTERLY LINE OF "TRACT A" (WEST SANDPIPER
, DRIVE)" OF SAID PLAT.
..
AND
EASEMENT (WATER DIST., SYSTEM)
A 12.00 FOOT WIDE PARCEL LYING 6.00 FEET BOTH SIDES OF THE FOLLOWING
DESCRIBED CENTERLINE:
COHMENCING AT THE AFOREMENTIONED POINT "V"; THENCE SOUTH 3031'51"
WEST, A DISTANCE OF 217.28 FEET TO THE POINT OF TERMINUS OF SAID
CENTERLINE, SAID POINT BEING FURTHER DESCRIBED AS BEING ON THE
SOUTHERLY BOUNDARY OF SAID PLAT.
AND
EASEMENT (WATER DIST. SYSTEM)
A 12.00 FOOT WIDE PARCEL LYING 6.00 FEET BOTH SIDES OF THE FOLLOWlNG
DESCRIBED CENTERLINE:
COHMENCING AT THE AFOREMENTIONED POINT "W"; THENCE SOUTH 3031'51"
WEST, A DISTANCE OF 35.74 FEET TO THE POINT OF TERMINUS OF SAID
.l CENTERLINE.
.
AND
EASEMENT (WATER DIST. SYSTEM)
A 12.00 FOOT WIDE PARCEL LYING 6.00 FEET BOTH SIDES OF THE FOLLOWING
DESCRIBED CENTERLINE:
COHMENCING AT THE SOUTHWEST CORNER OF "TRACT A" (WEST SANDPIPER
DRIVE); THENCE NORTH 1000'04" WEST, ALONG THE WEST LINE OF SAID "TRACT
A", A DISTANCE OF 34.17 FEET TO THE POINT OF BEGINNING OF SAID
CENTERLINE; THENCE SOUTH 86035'11" WEST, A DISTANCE OF 165.47 FEET TO
A POINT HEREINAFTER REFERRED TO AS POINT "Y"; THENCE CONTINUING SOUTH
860 35'11" WEST, A DISTANCE OF 28,85 FEET; THENCE SOUTH 25031'15" WEST,
A DISTANCE OF 91.17 FEET; THENCE NORTH 64028'54" WEST, A DISTANCE OF
186,50 FEET; THENCE SOUTH 88057'20" WEST, A DISTANCE OF 80.24 FEET TO
A POINT HEREINAFTER REFERRED TO AS POINT "Z"; THENCE CONTINUING SOUTH
880 57'20" WEST. A DISTANCE OF 63.33 FEET; THENCE NORTH 46000'04"
WEST, A DISTANCE OF 139.34 FEET; THENCE NORTH 1000'04" WEST, A
DISTANCE OF 5,00 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE,
SAID POINT BEING FURTHER DESCRIBED AS BEING ON THE NORTH BOUNDARY OF
SAID PLAT.
AND
(Page 4 of 5)
~
.,J, . .. ..
EASEMENT (WATER DIST. SYSTEM)
A 12,00 FOOT WIDE PARCEL LYING 6.00 FEET BOTH SIDES OF THE FOLLOWING
DESCRIBED CENTERLINE:
COMMENCING AT THE AFOREMENTIONED POINT "Y"; THENCE NORTH 3024'49"
WEST, A DISTANCE OF 47,32 FEET TO THE POINT OF TERMINUS OF SAID
CENTERLINE,
EASEMENT
A 12.00
DESCRIBED
AND
(WATER D1ST. SYSTEM)
FOOT WIDE PARCEL LYING 6,00
CENTERLINE:
FEET BOTH SIDES OF THE FOLLOWING
COMMENCING AT THE AFOREMENTIONED POINT "Z"; THENCE SOUTH 1002'40"
EAST, A DISTANCE OF 14.00 'FEET -TO THE POINT OF TERMINUS OF SAID
CENTERLINE,
AND
EASEMENT (SANITARY SEWER SYSTEM)
A 12.00 FOOT WIDE PARCEL LYING 6.00 FEET 80TH ,SIDES OF THE FOLLOWING
DESCRI8ED CENTERLINE:
- COMMENCING AT THE SOUTHWEST CORNER OF "TRACT 8" (EAST SANDPIPER
DRIVE); THENCE NORTH 7036'00" EAST, ALONG THE WEST.. LINE OF SAID "TRACT
8", A DISTANCE OF 30.32 FEET; THENCE SOUTH 84005'01" WEST, A DISTANCE
OF 142.14 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE.
AND
EASEMENT (SANITARY SEWER SYSTEM) .
A 12.00 FOOT WIDE PARCEL LYING 6.00 FEET 80TH SIDES OF THE FOLLOWING
DESCRI8ED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF "TRACT 8" (SANDPIPER DRIVE) OF
SAID PLAT; THENCE SOUTH 460 00'04" EAST, A DISTANCE OF 35.36 FEET;
THENCE SOUTH 01000'04" EAST, A ,DISTANCE OF 108.65 FEET TO THE POINT OF
CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE, HAVING A RADIUS OF 380.00 FEET, AN ARC DISTANCE
OF 130.49 FEET, TO THE POINT OF BEGINNING OF SAID CENTERLINE, THE LAST
THREE DESCRIBED COURSES SEING COINCIDENT WITH THE WEST LINE OF SAID
"TRACT S"; THENCE NORTH 840 54'06" WEST, A DISTANCE OF 59.73 FEET;
THENCE NORTH 440 15'03" WEST, A DISTANCE OF 146~74FEET; THENCE NORTH
86028'09', A DISTANCE OF 317.50 FEET TO THE POINT OF TERMINUS OF SAID
CENTERLINE.
AND
EASEMENT '(SANITARY SEWER SYSTEM)
A 12.00 FOOT WIDE PARCEL LYING 6.00 FEET BOTH SIDES OF THE FOLLOWING
DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT "E"; THENCE NORTH 880
57'20" EAST, ALONG THE SOUTH LINE OF SAID TRACT "E", A DISTANCE OF
1557.30 FEET; THENCE SOUTH 20 51'26" WEST, ALONG A WESTERLY LINE OF
SAID TRACT liE", A DISTANCE OF 34.76 FEET TO THE POINT OF BEGINNING OF
SAID CENTERLINE; THENCE SOUTH 78048'05" EAST, THE SIDES OF SAID PARCEL
TO LENGTHEN OR SHORTEN TO INTERSECT SAID WESTERLY LINE, A DISTANCE OF
211.12 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF WAY LINE OF
"TRACT S" (SANDPIPER DRIVE) OF SAID PLAT, SAID POINT SEING FURTHER
DESCRIBED AS BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE EAST
WHOSE RADIUS POINT BEARS SOUTH 87038'37" EAST FROM THE LAST DESCRIBED
POINT AND THE POINT OF TERMINUS OF SAID CENTERLINE, THE SIDES OF SAID
PARCEL TO LENGTHEN OR SHORTEN TO INTERSECT SAID WESTERLY RIGHT-OF-WAY
LINE.
SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA,
SUBJECT TO ALL EASEMENTS, RESERVATIONS AND RIGHTS-OF-WAY OF RECORD.
(Page 5 of 5)
Jef;
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 Pine1and Plaza,
Commission Chambers, 211 S. Federal Highway, Boynton Beach
to consider an application to ABANDON City Utility Easements
submitted by David S. pressly, Esq., agent for Boynton Beach
Limited Partnership, a Florida Limited Partnership, on a
parcel of land more particularly described as follows:
All of the plat of SANDPIPER COVE P.U.D., according to
the plat thereof, as recorded in Plat Book 56, Pages 1
through 4, Public Records of Palm Beach County, Florida,
less and except the following described parcel:
A parcel of land in Section 18, Township 45 South, Range
43 East, Palm Beach County, Florida, beginning at the
intersection of a line 54.00 feet south of and parallel
with the north line of the south one half (S. 1/2) of
the south one half (S. 1/2) of said Section 18, also
being the centerline of N.W. 22nd Avenue as same is
recorded in Road Plat Book 4, Pages 249 and 250 and in
Official record Book 3283, Pages 1107 and 1108, Palm
Beach County, Florida, Public Records, with a line 40.00
feet east of and parallel with the west line of the
southwest one quarter (S.W. 1/4) of said Section 18,
also being the centerline of Lawrence Road; thence bear
south 03013123" west, parallel with the centerline of
said Lawrence Road, a distance of 25.00 feet; thence,
north 46006140" east, a distance of 36.63 feet; thence
south 88059156" west, parallel with the centerline of
said N.W. 22nd Avenue, a distance of 25.00 feet to the
POINT OF BEGINNING.
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 pine1and 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
pc
\,
PUBLISH: THE POST
JULY 24, 'and JULY 31, 1988
)-1/
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John Guidry
Utilities Director
e
"I
FRUM
r
.' TO
_etty Boroni
City Clerk
SUBJECT:
"OLD.
Application for P&Z Meeting of 8/9/88
DA TE:_V.s/.B8
'f
"
"
Attached please find a copy of an Easement Abandonment submitted by
Boynton Beach Limited Partnership (Sandpiper Cove PUD).
Please review and advise of your recommendations for approval or dis-
approval in accordance with Sec. 22-40(a)(1) of the Code.
you.
c\t)' o~
Beach
eo'jn\on
",\ 07 \9B8l"
i-=.
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-
FROM
TO
,Carmen Annunziato
, Planning Director
, Betty 'Boroni '
City Clerk
SUBJECT:
"OLD.
Applica~ion for P&Z Meeting"of 8/9/88
DATE: 7/5/88
Attached please find a copy of an Easement Abandonment submitted by
Boynton Beach Limited Partnership (Sandpiper_u~ove:,'PUD) e':' :::':::,
Please review and advise of your recommendations for approval or
1
disapproval in accordance with Sec., 22-40(a) (1) of the Code.
~ i" l
..
,Thank, you. "
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T~IS .copy FOR PERSq~ ADDRESS~D
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MEMORANDUM
TO:
Mr. Carmen Annunziato
City Planner
FROM:
Betty Boroni
City Clerk
RE:
July 22, 1988
Planning & Zoning Board Meeting of 8/9/88
DATE:
Attached please find a copy of the following advertisement
scheduled to be published in The Post on July 24 and July
31, 1988 for the Planning & Zoning Board meeting of August
9, 1988.
SANDPIPER COVE PUD - ABANDONMENT OF CITY EASEMENT
~~~.
B'et ty or ni
pc
Attachment
cc: City Manager
'.
.
~RECEti\l1L~
UOl ]19 1.f9S8
~'UNH%i lffEPf.
'-
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-..---.-----.~.... ~..-._ - .~1----~~_.1.~_._.+..._._ -'l-~'
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o
MEMORANDUM
July 1, 1988
TO: BETTY BORONI, CITY CLERK
FROM: JAMES J. GOLDEN, SENIOR CITY PLANNER
RE: SANDPIPER COVER PUD EASEMENT ABANDONMENT
Accompanying this memorandum you will find documents related to a
request for the abandonment of utility easements in the
above-referenced PUD which lies outside the corporate limits.
This application is being processed in the City as per
instructions from the City Attorney. Also enclosed is a check in
the amount'of $350.00 to cover the review and processing of this
application.
Please advertise this request for a public hearing before the
Planning and Zoning Board for the August 9, 1988 meeting and
before the City Commission at the August 16, 1988 meeting.
~'-lc' >>L
J ES J. OLDEN
JJG:ro
Attachments
.
3#
.
. '-:../~"-
.
. .
'. ...
LAW OF"F"ICE:S
MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, P.A,
9TH F"LOOR. BARNE:TT CE:NTRE
6Z5 NORTH "'LAGLE:R ORIVE:
KA~EN LEVIN ALEXANDER
THOMAS 1'1, BEASON
PE rER L. BRETON
RC3ERT BRODY
OR;;OORY D, COOK
E, COLE F'ITZOeRALD. m
.JOriN F'. F'LANIGAN
AN::lREW F'ULTON, m
.JA'1ES PATRICK GARRITY
MYRA GENDeL
WPISLOW D, HAWKES. m
M;O~TIN V. KATZ
WlL LIAM B, KING
RO'lALO K, KOLINS
STEVEN A. MAYANS
LI~A A. MILLeR
.JON C. MOYLe
OAvlD S. PRESSLY
M;ORK E, RAYMOND
TH :lMAS A, SHeeHAN, m
DCNNA H, STINSON
RC3ERT WILCOX STIVeLY .
M;ORTA M, SUAREZ-MURIAS
VIF'OINIA L, VANce
NANCY KAReN VORPE
POST OF"F"ICE: BOX 3888
WEST PA.LM :BEA.CH. FLORIDA. 33402
TELEPHONE (407) 659, 7500
TELECOPIER (407) 659 '1789
TALLAHASSEE OF'F'ICE
SUITE 100, THE PERKINS House
118 NORTH GADSDEN STREET
TALLAHASSEE, F'LORIOA 32301
TELEPHONE (904) 681-38Z8
. A )MITTEO IN TEXAS ONL.V
June 20, 1988
t-. r. Carmen Annunziato, City Planner
City of Boynton Beach
~OO Seacrest
[;oynton Beach, FL 33435
Re: ,Sandpiper Cove P.U.D. -
Abandonment of City Easement
Dear Carmen:
Enclosed please find an Application To Abandon/Vacate (in
triplicate), together with a check in the amount 'of $350.00 made
payable to the City of Boynton Beach.
As a brief background, I represent the interests
Beach Limited Partnership, the owner and r3evelo ~er of
Cove ,P.U.D.', a rental community located west or' C )ngress
the, south ..side of N.W. 22nd Avenue (just outsi le the
limits of Boynton Beach) .
of Boyn ton
Sandpiper
Avenue on
corporL b~
The City is the current owner of an easement pursuant to that
I~ertain Grant of Easement recorded in O.R. Book 3947, Page 1628,
')ublic Records of Palm Beach County, a copy of \lhich is attached
1:0 the Application as Exhibit "A". This Easement was granted to
the City for the purpose of operating and maintaining water mains
and sanitary sewer lines over a tract of land containing 155.161
acres more or less. My client owns a portion of such property,
containing 52 acres more or less.
The existing Grant of Easement creates a problem for my client
due to the fact that such instrument contains a general map of the
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Hr, Carmen l,nnunziato
..1 u ne 20, 19 a 8
Fal]e 2
subject property as opposed to specific .egal descriptions for the
City's easement. Accordingly, I am h<:cehy requesting that the
City abandon/vacate its rights under the p.xisting Grant of
Easement to the extent that i t app1:~es tc my cl ient I s property.
In exchange, my client would provide the C:ty with a new Grant of
Easement, which would contain specifi~ l:~gill ll(!sc(iptions for thp.
necessary easements.
The instruments necessary to carry out my requests ~re
attached to the enclosed Application as Exhibils "B" and "C". In
addition, I have enclosed a blue-line copy of the site plan for
Sandpiper Cove, upon which have been I:\apped the le1al descriptions
for the new easement to be provided by my client.
If you have any questions, please call.
Sincerely,
~~~
DSP/d1
Enclosure
cc: John Wendland (w/enc.)
David McDonough (w/enc.)
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