LEGAL APPROVAL
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JU}-30-1998 10:06al '38-291000
ORB 10547 Pg 1209
1l1li I lID Hill 11111. D IU 11111 U 1111111111
RESOLUTION NO. R95~J7/
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
ABANDONING AN UNIMPROVED TEN ( 10 ) FOOT
WIDE ALLEY RIGHT-OF-WAY, LOCATED WEST OF
N.E. 3RD STREET BETWEEN LOTS 32 AND 33 OF
THE ARDEN PARK SUBDIVISION; 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.
WHBREAS, the applicant, Vincent Maffucci, Agent for
Nicholas L. Cucci, property owner is re(~esting abandonment of
a ten (10 ') foot wide alley right-of--'way, located west of N.E.
3rd Street between lots 32 and 33 of the Arden Park Subdivision;
WHBRBAS, comments have been solicited from the appropriate
City Departments; and .
WHBREAS, public hearings have been held before the City'S
Planning and Zoning Board and the City Commission on the
proposed abandonment; and
MHBREAS, based on the foregoing information, the said alley
I right-of-way no longer serves any useful purpose.
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NOW, THEREFORE, BB IT RESOLVED BY THB CITY COMMISSION OF
THB CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida by and through its City Commission does hereby
ab~ndon ~ ten (10) fact wid9 alle1' right-pf~way located west of
N.E. 3rd Street between lots 32 and 33 of the Arden Park
Subdivision in the City of Boynton Beach, Florida and more
particularly described in Exhibit "All attached hereto.
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.
Section 3. That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this /4' day of August, 1995.
ATTEST
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ORB 1 0547 Pg 1 2: 1 0
EXHIBIT "A"
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That part of the alley right of way in the
plat of Arden Park, according to the plat
thereof recorded in Plat Book 2, Page 96 of
the Public Records of Palm Beach County,
Florida, described as follows:
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Begin at the southwest corner of Lot 33 of
the said Plat of Arden Park; thence N. 900
00'00" E., along the south line of said Lot
33; 166.50 feet to the southeast corner of
said Lot 33; thence S. 80 00' 00. W., 10.10
feet to the northeast corner of Lot 32;
thence N. 900 00' oon W., along the north
line of said Lot 32, 164.90 feet to the
northwest corner of said Lot 32; thence N.
10 06' 00. W., 10.00 feet to th~ said point
of beginning.
Containing .1657 square feet of 0.038 acre,
more or less.
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ORB 10547 Pg 1211
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 an ten (10)
foot wide alley right-of-way, located west of N.E. 3rd Street
between lots 32 and 33 of the Arden Park Subdivision;
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 aff:f.xi::d the seal of the City this /.tf day of h'q~$'7"; 1995.
ATTEST:
s:-~~Ao'~~~~it;~lerk
CITY OF BOYNTON BE CH, FLORIDA
J ~-
STATE OF FLORIDA' )
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I )ss:
I COUNTY OF PALM BEACH )
II BEFORE ME, the undersigned authority, personally appeared
II JERRY TAYLOR and SUZANNE KRUSE, Mayor and City Clerk
I,
I respectively, of the City of Boynton Beach, Florida, known to me
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I to be the persons described in and who executed the foregoing
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i instrument, and acknowledged the execution thereof to be their
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I free hand and deed as such officers, for the uses and purposes
I mentioned therein; that they affixed thereto the official seal
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I ::e;a:: s:::;:::::::~i::~ that said instrument is the act and
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II County this 15th day of August , 1995.
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WITNESS my hand and official seal in the said State and
My Commission Expires:
:'~~\':~;~~.~ EVE EUBANKS
f./' A '. i.~ MY COMMISSION' CC27670S WIRES
I ~;,,~'i!f April 5. 1997
I .:'-..~: '!;'f-' BONOED TllRIJ TROv FA!N INSliRANCl,I/IlO,
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NOTARY PUBLIC, State
-
of Florida
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EXHIBIT "A"
ORB 10547 Pg 1212
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That part of the alley right of way in the
plat of Arden Park, according to the plat
thereof recorded in Plat Book 2, Page 96 of
the Public Records of Palm Beach County,
Florida, described as follows:
:1
Begin at the southwest corner of Lot 33 of
the said Plat of Arden Park; thence N. 900
00'00" E., along the south line of said Lot
33; 166.50 feet to the southeast corner of
said Lot 33; thence S. 8000' DO" W., 10.10
feet to the northeast corner of Lot 32;
thence N. 900 00' 00" W., along the north
line of said Lot 32, 164.90 feet to the
northwest corner of said Lot 32; thence N.
1006' 00" W., 10.00 feet to the said point
of beginning.
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Containing .1657 sqaure feet of 0.038 acre,
more or less.
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Jul-30-1998 10:0Ga. 98-291000
ORB 10547 Pg 1209
II.. UU 11111 U.IIIIIIIIIII HIIII.
RESOLUTION NO. R95-/~/
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
ABANDONINC AN UNIMPROVED TEN ( 10) FOOT
WIDE ALLEY RIGHT-OF-WAY, LOCATED WEST OF
N.E. 3RD STREET BETWEEN LOTS 32 AND 33 OF
THE ARDEN PARK SUBDIVISION; 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.
Ii
I ,WHBREAS, the applicant, Vincent Maffucci, Agent for
i Nicholas L. Cucci, property owner is re(~esting abandonment of
II a ten (10 ') foot wide alley right<-of...way, located west of N. E.
II- 3rd Street between lots 32 and 33 of the Arden Park Subdivision;
I WHEREAS, comments have been solicited from the appropriate
I City Departments; and .
II WHBRBAS, public hearings have been held before the City's
Planning and Zoning Board and the City Commission on the
proposed abandonment; and
I WHEREAS, based on the foregoing infonnation, the said alley
I right-of-way no longer serves any useful purpose.
I'
I NOW, TBBRB1'ORB, BB IT RBSOLVED BY TBB CITY COIOlISSION 01'
THB CITY 01' BOYNTON BEACH, 1'LORIDA, THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida by and through its City Commission does hereby
III ab~ndon a ten (10) foot wide alle~' right-9f~way located west of
I N.E. 3rd Street between lots 32 and 33 of the Arden Park
If Subdivision in the City of Boynton Beach, Florida and more
particularly described in Exhibit "A" attached hereto.
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
I of Palm Beach County, Florida.
I Section 3. That this Resolution shall become effective
II immediately up~n passage.
PASSBD AND ADOPTBD this /4' day of August, 1995.
ATTEST
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ORB 10547 Pg 1210
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EXHIBIT "A"
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That part of the alley right of way in the
plat of Arden Park, according to the plat
thereof recorded in Plat Book 2, Page 96 of
the Public Records of Palm Beach County,
Florida, described as follows:
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Begin at the southwest corner of Lot 33 of
the said Plat of Arden Park; thence N. 900
00'00" E., along the south line of said Lot
33; 166.50 feet to the southeast corner of
said Lot 33; thence S. 8000' 0011 W., 10.10
feet to the northeast corner of Lot 32;
thence N. 900 00' 00" W., along the north
line of said Lot 32, 164.90 feet to the
northwest corner of said Lot 32; thence N.
10 06' 0011 W., 10,00 feet to th~ said point
of beginning.
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Containing .1657 square feet of 0.038 acre,
more or less.
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ORB 10547 Pg 1211
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 an ten (10)
foot wide alley right-of-way, located west of N.E. 3rd Street
between lots 32 and 33 of the Arden Park Subdivision;
situated and located in Palm Beach County, Florida, attached
hereto as Exhibit "A".
IN WITNESS WHEREOF, the duly authorized officers of the
II City Of. ~oynton Beach,
!I and ,~ff1~ed.the seal of
II ATTEST:
S~~~~~~~~:~~lerk
Florida, have hereunto set their hands
the City this /.5 day of h'q44'sr;' 1995.
\.......
, STATE OF FLORIDA' )
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) ss:
,I COUNTY OF PALM BEACH )
I BEFORE ME, the undersigned authority, personally appeared
j JERRY TAYLOR and SUZANNE KRUSE,
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I respectively, of the City of Boynton Beach, Florida, known to me
Mayor
and
City
Clerk
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
,
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day of August , 1995.
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NOTARY PUBLIC, State
of Florida
My Commission Expires:
.,-;'ii'-~:'H;;;:... EVE EUBANKS
~~(:6';:;J MY GOMMISSIO~ /I CC2767~ r.xflIRES
"'/~': April 5. 1997
":I..~f. ..>~,!.., BONOfD lliII\J TROV FAiH IHSliRANCt:,lfllO,
EXHIBIT "A"
ORB 10547 Pg 1212
That part of the alley right of way in the
plat of Arden Park, according to the plat
thereof recorded in Plat Book 2, Page 96 of
the Public Records of Palm Beach County,
Florida, described as follows:
.,
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Begin at the southwest corner of Lot 33 of
the said Plat of Arden Park; thence N. 900
00'00" E., along the south line of said Lot
33; 166.50 feet to the southeast corner of
said Lot 33; thence S. 8000' 00" W., 10.10
feet to the northeast corner of Lot 32;
thence N. 900 00' 00" W., along the north
line of said Lot 32, 164.90 feet to the
northwest corner of said Lot 32; thence N.
1006' 00" W., 10.00 feet to the said point
of beginning.
Containing .1657 sqaure feet of 0.038 acre,
more or less.
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MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
AUGUST 15, 1995
No one else wished to speak on this matter.
Motion
Commissioner Jaskiewicz moved to approve subject to staff comments. Vice Mayor Bradley
seconded the motion which carried 5-0. . tL
~~\l ~ 9'~/oo"
Lots 32 and 33, Arden Park Subdivision
Vincent A. Maffucci
Nicholas L. Cucci
West of N.E. 3rd Street between lots 32 and 33, Arden
Park Subdivision
Abandonment: Request for abandonment of a ten (10)
foot wide alley located west of N,E. 3rd Street between
lots 32 and 33 of the Arden Park Subdivision
C.
Project Name:
Agent:
Owner:
Location:
Description:
The agent for this project was not present.
Ms. Heyden stated that this alley is unimproved. The existing home encumbers the alley. The
home was built in 1929 and staff just discovered it because it is for sale. In order to clear the
title, this issue needs to be resolved. One comment was received from Comcast. However,
when staff went out to check this comment, it did not appear that there are overhead facilities.
Therefore, this will have to be resolved before a resolution is prepared. Staff recommended
approval subject to staff comments.
No one else wished to speak on this matter.
Motion
Mayor Pro Tem Matson moved to approve the abandonment of the ten foot wide alley located
west of N ,E. 3rd Street between lots 32 and 33 of the Arden Park Subdivision, subject to staff
comments. Commissioner Jaskiewicz seconded the motion which carried 5-0.
VII. PUBLIC AUDIENCE
Harry Stein, 760 E, Ocean Avenue, said he was authorized to speak before the Commission
this evening by the Board of Directors of Coastal Towers. He requested Mayor Taylor not to
23
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MINUTES
PLANNING & DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 8, 1995
THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING.
Motion
Mr. Wische moved with reference to the request for abandonment of a ten foot alley located
west of N.E. 3rd Street between Lots 32 and 33 of the Arden Park Subdivision to approve the
request subject to the Comcast settlement. Vice Chairman Golden seconded the motion
which carried unanimously.
M onald's/Amoco Rest rant and Service
Stat n/Convenience Store
Robe E. Basehart & Anna Co rell
Baseh & Cottrell, Inc.
RFK En rprises of Boynton Beac , Inc.
Southeas corner of Congress Avenue and
Woolbrig Road
Request for community design p n appeal to
allow lighti strips to be placed along the
proposed man rd roof.
Lawrence Lakes PUD
Enrico Rossi, P.E.
GRB Development & Construction
outheast corner of Lawrence Road d the lake Worth
D inage District L-21 Canal
Req est for approval to modify the prev usly-approved
PUD aster plan to increase the number 0 units from 32
to 34 b adding two single-family lots for c struction of
detache ingle-family units.
B.
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APPEALS
COMMUNITY DESIGN_e _
Project Name:
c.
Agent:
Owner:
lo-cati on:
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This item was disposed f earlier in the meeting,
1.
Project:
Agent:
Owner:
location:
Description:
PLANNING AND ZONING DEPARTMENT MEMORANDUM #94-291
TO:
FROM:
Sue Kruse
City Clerk // ", .' t[p~,
Tambri J. Heyden . Mh; j. t)1\A )~ttl.-
Planning and zonin1v Director
DATE:
June 28, 1995
RE:
Abandonment of alley right-of-way located on the
west side of NE 3rd Street between lots 32 and 33.
ABAN #95-003
Accompanying this memorandum you will find two (2) copies of the
application and related documents for the above-referenced
abandonment application. The ~500.00 application fee for staff
processing and review has been forwarded to the Finance
Department.
A legal advertisement for same has been prepared for a public
hearing for the August 8, 1995 Planning and Development Board
meeting and the August 15, 1995 City Commission meeting and will
be forwarded to your office after review by the City Attorney and
City Manager. In order for our department to meet the deadline
for preparing Planning and Development Board agenda materials for
this request, comments from staff and the various concerned
parties must be received by our office by July 26, 1995.
Please inform staff of this time frame when distributing copies
of this request for comment. If easier, comments can be
forwarded to you with a xerox copy transmitted to our office.
Thank you.
.:..frucci.llll
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to
have a Legal Notice or Legal Advertisement published and must be
submitted to the Office of the City Attorney eight (8) working days
prior to the first publishing date requested below.
ORIGINATING DEPARTMENT: Plannina and Zonina Department
PREPARED BY:
Dan DeCarlo
DATE PREPARED: June 28. 1995
BRIEF DESCRIPTION OF NOTICE OR AD: Abandonment of alley located
on the west side of NE 3rd Street between lots 32 and 33.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Border, etc.)
Standard Leaal Ad for Plannina Development Board meetina
on Auaust 8. 1995 at 7:00 p.m. and the City Commission meetina of
Auaust 15. 1995 at 7:00 p.m.
SEND COPIES OF AD TO: Newspaper. adioinina property owners.
applicant and Plannina and Zonina Director.
NEWSPAPER(S) TO PUBLISH: To be determined by Citv Clerk
DATE(S) TO BE PUBLISHED: To be determined bY City Clerk
APPROVED BY:
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( 1 )
(Department Hea~ .
?(rs-
( ate)
( 2)
(City Attorney)
(Date)
( 3 )
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
1l1.llffucc1.11l1
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Development Board of
THE CITY OF BOYNTON BEACH, FLORIDA, WILL CONDUCT A PUBLIC HEARING
at CITY HALL COMMISSION CHAMBERS, 100 EAST BOYNTON BEACH BOULEVARD,
on Tuesday, August 8, 1995 at 7:00 p.m., to consider an application
submitted by Vincent A. Maffucci, 16 Andrew Ave. #2, Delray Beach,
Florida 33483, as an agent on behalf of Nicholas L. cucci of
Concord, Massachusetts to abandon an alley right-of-way located on
the west side of NE 3rd Street between lots 32 and 33, more
particularly decribed as follows:
LEGAL DESCRIPTION:
THAT PART OF THE ALLEY RIGHT OF WAY IN THE PLAT OF ARDEN PARK,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 96
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED
AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 33 OF THE SAID PLAT OF
ARDEN PARK; THENCE N 90000 I OO"E. , ALONG THE SOUTH LINE OF SAID
LOT 33, 166.50 FEET TO THE SOUTHEAST CORNER OF SAID LOT 33;
THENCE S. 8000100"W., 10.10 FEET TO THE NORTHEAST CORNER OF
LOT 32; THENCE N. 90000'00"W., ALONG THE NORTH LINE OF SAID
LOT 32, 164.90 FEET TO THE NORTHWEST CORNER OF SAID LOT 32;
THENCE N.1006'00"W., 10.00 FEET TO THE SAID POINT OF
BEGINNING.
CONTAINING 1657 SQUARE FEET OR 0.038 ACRE, MORE OR LESS.
ALSO
A PUBLIC HEARING will be held by the City Commission of the City
of Boynton Beach on the above request at City Hall Commission
Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida,
on Tuesday, August 15, 1995 at 7:00 p.m. or as soon thereafter as
the agenda permits.
All interested parties are notified to appear at said hearing in
person or by attorney and be heard. Any person who decides to
appeal any decision of the Planning and Development Board or City
commission with respect to any matter considered at this meeting
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.
CITY OF BOYNTON BEACH
SUZANNE M. KRUSE
CITY CLERK
(407) 375-6062
a: Maffucci .1111
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Development Board of
THE CITY OF BOYNTON BEACH, FLORIDA, WILL CONDUCT A PUBLIC HEARING
at CITY HALL COMMISSION CHAMBERS, 100 EAST BOYNTON BEACH BOULEVARD,
on T~esday, Au~ust 8, 1995 at 7:00 p.m., to consider an application
subm~tted by V1ncent A. Maffucci, 16 Andrew Ave. #2, Delray Beach,
Flor1da 33483, as an agent on behalf of Nicholas L. Cucci of
Concord, Massachusetts to abandon an alley right-of-way located on
the west side of NE 3rd street between lots 32 and 33 more
particularly decribed as follows: '
LEGAL DESCRIPTION:
THAT PART OF THE ALLEY RIGHT OF WAY IN THE PLAT OF ARDEN PARK,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 96
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED
AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 33 OF THE SAID PLAT OF
ARDEN PARK; THENCE N 90000' OO"E. , ALONG THE SOUTH LINE OF SAID
LOT 33, 166,50 FEET TO THE SOUTHEAST CORNER OF SAID LOT 33;
THENCE S. 8000'OO"W., 10.10 FEET TO THE NORTHEAST CORNER OF
LOT 32; THENCE N. 90000'OO"W., ALONG THE NORTH LINE OF SAID
LOT 32, 164.90 FEET TO THE NORTHWEST CORNER OF SAID LOT 32;
THENCE N.1006100"W., 10.00 FEET TO THE SAID POINT OF
BEGINNING.
CONTAINING 1657 SQUARE FEET OR 0.038 ACRE, MORE OR LESS.
ALSO
A PUBLIC HEARING will be held by the City Commission of the City
of Boynton Beach on the above request at City Hall Commission
Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida,
on Tuesday, August 15, 1995 at 7:00 p.m. or as soon thereafter as
the agenda permits.
All interested parties are notified to appear at said hearing in
person or by attorney and be haard. Any per . decides to
appeal any decision of the Board ustment w1th respect to
any matter considered at thi meeting will need a record of the
proceedings and for such purpose may need to ensure that ~
verbatim record of the proceedings is made, which record 1ncludes
the testimony and evidence upon which the appeal is to be based.
CITY OF BOYNTON BEACH
SUZANNE M. KRUSE
CITY CLERK
(407) 375-6062
.: lIaffucci. 1,;,\