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APPLICATION /' ,'.' R qLf-/IY 'y<;' y +" - // .,. jl1-1o-1994 10:32al~O'14-244&81 f/. /z.'1 OHB 8J4~ fJg 1 12 7 , tfilI+6A^I I "..,..._,. R_ DISCLAIMER qL/-D()~ I, 1 ~ KNOW ALL KEN 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 'portion of a special utility easement, located at the corner ;of Congress Avenue and Hypoluxo Road, situated and located in ! Palm Beach County, Florida, attached hereto as Exhibit "A". [, IN WITNESS WHEREOF, the duly authorized officers of the i: City of Boynton Beach, Florida, have hereunto set their hands :1 and affixed the seal of the City this ~ day of July, 1994. ') I ArrEST: II, ' 11~~~~~~~ I Su nne Kruse, ity Clerk 'If STATE OF FLORIDA COUNTY OF PALM BEACH I , ~}.J]l OF BOYNTON BEACH, FLORIDA ~/ /..... /- C ;.--t.e ~ li-7 ~~..L .';f:;::.....; - roC; Edward Harmening, Mayor ) )ss: ) BEFORE ME, the undersigned authority, personally appeared EDWARD HARMENING and SUZANNE KRUSE, Mayor and City Clerk , respectively, of the City of Boynton Beach, Florida, known to : i me to be the persons described in and who executed the I ;1 foregoing instrument, and acknowledged the execution thereof I i to be their free hand and deed as such officers, for the uses I I :i and purposes mentioned therein; that they affixed thereto the i I official seal of said corporation; and that said instrument is , I the act and deed of said corporation. I I WITNESS my hand and official seal in the said State and ;1 !I County this II I J b day of July, 1994. : i M;y.,:~..f...~mmis.s. J:..on, EXDires: " ....~ ""r'" 8Hf1r~iJGN 5DRRtTT I : />'.i\ ":;~ 1.11' COtv!MI:,z!ON II CC 185333 E.XPiRES '\ \~..,..,"~:..-,:-jf Aprt117. 1S96 , : -'~:ftr.;:5:':'-' BON:JEO THRU TRD', FAIN INSUIlAHCf. INC ii, ......... 'I i I i :i I " .' ! ~ ~ ,8(uJutt NOTARY PUBLIC, State of Florida / fJJie City of \/ tJ3oynton tJ3eacli 100 ~. 'Boyftton '1hadi 'Boukwnl P.O. ~310 'Boynton'1hadi, 1'forUia 33425-0310 . .,,\ ...~\ . . '. :':.'~)-%~i' . :;;: .." . - ..' J , -, " I ',' .' .-,.' '\ '" '/" " 1. 1.~\\ \' ~ 1.\i1:' ~\ IV' /to......~ ~ ,"~ - .. \,;! !.,.., - <;! -j APPLICATION TO ~BANDON/VACATE The undersigned, pursuant to Ordinance NO. 76-27' of the Ci'ty of Boynton Beach, Florida, hereby applies to the City Commission to vacate; abandon, and discontiriue 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 c6nn~ction 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 t,iled separately.' Each appli- cation so filed shall be complete in every respect. The undersigned hereby certify ,to the best of the undersigned's knowledge: 1. That a complete and accurate legal description with the specific property i~terest 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): ( ) DEED (x ) DEDICATION ( ) PRESCRIPTION 1948- , Page 1953 , and Recorded in the Official Record Book 6781 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 othe~opeEty ownC1:S ift the-v!cinity will be eduersely effootod.. 4. That the above described property i~terest 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.: S. T~ the following constitutes' a complete and accurate schedule of all owners and occupants. bounding and abutting the property interest d~scrlb:ea aboyee' " , NAME ADDRESS Tn'"' ..........- -, ' 15933 West Clayton Road 1. l'ru-Con Develvp,uer< t of I'lorid~, a General Partner of Boynton Lakes . partnership Ballwin, Missouri 63011 2. Lenar Homes, Inc. 700 N.W. 107th Avenue Miami, Florida 33172 ~ 1 . 6. That the following grounds and reasons are submitted in support of this application:. Due to the deletion of the double detector check valve assembly at the Cuco's Restaurant (Outparcel #3), the portion of utility easement is no longer necessary. DATED: 3/25/94 APPLICANT(S) NAME (PLEASE SIGN) ADDRESS x Fru-Con Development of Florida, Inc. Richard Maloof, 15933 West Clayton Road for Fru-Con Development of Florida, Ballwin, Missouri 63011 Inc., a general partner of Boynton Lakes Plaza Partnership STATE OF ~~ COUNTY OF ~ .~-~ . The above named applicant(s) being first duly sworn by me the day and year above indicated, 'deposed and stated that he areJ1SDthe applicant(s) in the foregoing Application to-Xbandonl Vaca1Ee, that they have read the same and that the facts therein set forth are true and.corre~t to the best of their knowledge. My Commission Expires: NotarIal Seal Deborah A. ScI1rader. Notary Public Reading, B9rl<.s County My Commission F.xplmsOct. 6,1997 ,Penm'JlvaniaAssociatio!1 of Notaries 6-19-87 EXHIBIT "A" LEGAL DESCRIPTION Part of Utility Easements Boynton Lakes Plaza A parcel of land, within the Plat of Boynton Lakes Plaza, Plat Book 70, Page 47, lying in Section 8, Township 45 Sout~, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, being more particularly described as follows: Commencing at the Southeast (S.E.) c6rner of the Plat entitled "Boynton Lakes Commetcial" as re60rded in Plat Book 69, Page 97 of the' Public Reco~ds of Palm, Beach County, Florida; thence North 4049'36" West, along the Easterly boundary line of said Plat, a distance of 66.46 feet to the Point of Beginning; thence North 850 10'24" ~ast, a distance of 32.00 feet; thence North 7~57'20" East, a distance of 4.04 feet; thence North 49049'36" West, a distance of ' 10.61 feet; thence South 85010' 24 It West, a distance of 28.49 feet more or less to a point on the Easterly boundary line of said Plat; thence South ~49'36" East, along the Easterly boundary line of said Plat, a distance of 8.15 feet to the Point of Beginning. Containing 0.0061 acres more or less. 9650926 S J Mt10!'JS & I;.IH lTE I ~1C. 158 P02 JUN 08 '94 08:12 ;,\ -. ( ;' ,i "'1,:1 . ", I r NORTHWEST CORNER OF SEc1)ON 8. ' / TOWNSHIP 45 SOUTH. RANGE \~3 EAST.' i ~~~ ao,o~~ w N65"10'24"E ;- ~ 0- oOS. C'lfr':l ~ v;. \ , :;:~ :' \ ::1 : ~ ~ I '; j'"'"! ; ,'",; 1 6.~d' N O"49'J6"W ...;~... -,.... - ~- .- P.~~~. . :. SOUTHERLY R/W CW HYPOLUXO RD. $ O~4Q'3ftE 8.16 P.O.S. ~ ~\D ~() ui~ "!"to ....0 ~ I:': N j I BOYNTON LAKES PLAZA P.J3, 70, PAGE 4-7 ~ t-': jZ { I I . . JJ. #9"~!:" t'dt "w. /'" /p.6r -.N 7S'57J2rfE 4.04' BOYNTON LAKES COMMERCIAL Fi.8. 69. PC. 97 ~ \ \ ~ __ ~ UTILlIf EASE. , . ORB 6781, PGS , 948-195$ \ - roi ~~, .., ~~ % ~ UTILITY EASE.: ORB 751~, ! PGS 1666-167' P .R.M. '" S.E. CORNER OF "BOYNTON LAKES COMMERCIAL"~ I ~ ; \ " ~r . " 1\';' : :f" , l~!l APPLICATION TO AB~DON/VACATE The undersigned, pursuant to Ordinance NO. 76-27 of the C.U:y of Boynton Beach, Florida, hereby applies to the City conunission to vacatel abandon, and discontinue 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 conn~ction 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 ~.iled separately,. Each appli- cation so filed shall be complete in every respect. The undersigned hereby certify to the best of the undersiqned's know1edqe: , , 1. That a complete and accurate legal description with the specific property i~terest 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): ( ) DEED . (x ) DEDICATION ( ) PRESCRIPTION RecoJ:ded in the Official Record Book 6781 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 aRe Be ether property owners in the vicinity will-he- ad?crsely effeotod. 1948- , Page 1953 , and 4. That the above described property il)terest 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 deilcrll)eC1 'above:,'~ '~(" ',' , '1:" NAME ADDRESS 1. Fru-Con Development of Florida, Inc~, a General Partner of Boynton Lakes , partnership 15933 West Clayl.Uu t\.uQ.1 Ballwin, Missouri 63011 2. Lenar Homes, Inc. 700 N.W. 107th Avenue Miami, Florida 33172 "" i . 6. That the following grounds and reasons are submitted in support of this application:. Due to the deletion of the double detector check valve assembly at the Cuco's Restaurant (Outparcel #3), the portion of utility easement is no longer necessary. DATED: 3/25/94 APPLICANT(S) NAME (PLEASE SIGN) X ~0-:;;~ Richard Maloof, Vice pres;Jent ~ for Fru-Con Development of Florida, ADDRESS Fru-Con Development of Florida, Inc. 15933 West Clayton Road Bal1win, Missouri 63011 Inc., a qeneral partner of Boynton Lakes Plaza Partnership STATE OF COUNTY OF - ";'1- The above named applicant(s) being first duly sworn by me the day and year above indicated, deposed and stated that __he__ are~the applicant(s) in the foregoing Application to Abandonl Vaca~, that they have read the same and that the facts therein set forth are true and .corre~t to the best of their knowledge. My Commission Expires: Notarial Seal Deborah A Schrader. Nctary Public Reading. Berks Ccunty My Corrmission Expires Oct. 6. 1997 Member. 'aAssodalie:1 01 No!arles 6-19-87 EXHIBIT "A" LEGAL DESCRIPTION Part of Utility Easements Boynton Lakes Plaza A parcel of land. within the' Plat of Boynton Lakes Plaza, Plat aook 70, Page 47, lying in Section 8, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, being more particularly described as follows: C6mmencing at the Southeast (S.E.) c6rner of the Pl~t entitled "Boynton Lakes Commetcia1" as recorded in Plat Book 69, Page 97 of the' Public Records of Palm Beach County, Florida; thence North 4049'36" West, along the Easterly boundary line of said Plat, a distance of 66.46 feet to the Point of Beginning; thence North 8~ 10'24- ~ast, a distance of 32.00 feet; thence North 7~57'20" East, a distance of 4.04 feet; thence Nor,th 49049'36" West, a distance of '10.61 feet; thence South 85010'24" West, a distance of 28.49 feet more or less to a point on the Easterly boundary line of said Plat; thence South ~49'36" East, along the Easterly boundary line of said Plat, a distance of 8.15 feet to the Point of Beginnin~. Containing 0.0061 acres more or less. ....r-..-.......'. - Ms. Tambri Heyden (OJ U! mu WI ~ fii1 IJ/J MAY J 0 I!l9I I!!J SPEED LETTER@ TO FROM Sue Kruse Planning & Zoning Direc PlANNING AND ZONING DEPt City Clerk SUBjECT -- FOLD NO. ') or 10 MESSAGE Attached is a copy of an application for a right-of-way abandonment for a portion of a utility easement located in the Boynton Lakes Shopping Center. The application was submitte( by Fru-Con Development of Fla. Please review and advise of your recommendations for approva: or disapproval in accordance with Section 22-40(a) of the Code. Your response should be senl to this office by June 3, 1994. date as well, and to send copies Other members of staff have been asked to respond by that to you. 5-9-94 SIGNED ~~ ~~~.; DATE REPLY -- FOLD fOR NO.9 -- FOLD FOR NO. to DATE SIGNED WllsonJones . c.t>on_ . MADE IN U,S.A 44-902 Triplicate. ("l WilsonJones, 1989 RECIPIENT: RETAIN WHIT~ETURN PIN~ COpy ORB 8348 pg 1728 j RESOLUTION NO. R94-//~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH I FLORIDA, ABANDONING A PORTION OF A SPECIAL PURPOSE UTILITY EASEMENT, LOCATED AT THE NORTHEST-:- CORNER OF PLAZA LANE AND CONGRESS 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 DI SCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHERF.AS, SimmoI'1.s and Whi::e, Inc., agent for Boynton Lakes Partnership, owners of the Boynton Lakes Plaza, is requesting abandonment of a portion of a special purpose utility easement that encroaches the southwest corner of Cuco's Restaurant; and WHEREAS, comments have been solicited from the appropriate City Departments; and ,WHEREAS, public hearings have been held before the City'S Planning and Zoning Board and the City Commission on the proposed abandonment; and . I WHEREAS, based on the foregoing information, the said easement no longer serves any useful purpose. NOW, THEREFORB, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 01' BOYNTON BEACH, FLORIDA, THAT: Section 1. The City COmaUssion of the City of Boynton . Beach, Florida by and through its City Commission does hereby abandon a portion of a special purpose utility easement, located at the corner of Congress Avenue and Hypoluxo Road, in the City of Boynton Beach, Florida and attached hereto as 'Exhibit "A". I :, 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 effective immediately upon passage. shall become PASSED AND ADOPTED this ~ day of July, 1994. CITY OF BOYN1QN BEACHr FLORIDA . / -..-? / " ~;;. ..' ,. ..; ~.,{.. .... ~-/.~ ~..(".c.r, . / ~r . v2~lh-- L-7f-~-- V. e Mayor / Comm~ < t.' Mayor ATTEST: Conuni sjJoner ,/ ') ~ oJ..../ ~J'4, Ji._, V' -' ..... )( / . j / City Clerk Aband.Pla Cuco.6/24/94 / ORI:$ f:s348 P9 1729 UOt<<lrHY H 1I1lKEH CLcl-d( Of- Hit. COURT - PH COUNl y, fL Property Appraisers Parcelldentilication (Folio) Number(s): LEGAL DESCRIPTION Part of Utilit1 B.....Dt. B01DtOD Lak.. Plaza A parc.l of land, vi thln the Plat of B01nto. Laic.. Plaza. Plat Book 70. Pa.a 47. 111n, ln S.ction 8. Town.bip 45 South. Ran,. 43 Eaat. Cit, of Bo,nton Baach. Pal. Baacb Count,. 'lorida. baiD, more particularl, d..cribad a. follow.. Co...ncin. at tba Soutb.a.t (S.I.) corn.r of tb. Pl.t antitl.d "B01nton Lalca. Co...rcial" a. r.cord.d i. Pl.t Book 69. Pa.. 97 0' tha Public Racord. of Pal..B.ach Count" rlorida. tb.Dc. Hortb 4 49'36" W..t, alon. the la.t.rl, boundar, 11n. of .aid Plat. . di.tanca of 66.46 f..t to .th. PqlDt of B..innin., th.nc. North 8~ 10'24" laat. . di.ta.ce of 32.00 f..t, tb..c. lortb 7~57'20" Ea.t. . distanc. of 4.04 f..t. th..c. Uortb 49c49'3~" W..t. a di.t.nc. of . 10.61 f.et I tb.nc. Soutb 85010' 24" V..t. . di.t.DC. of 28.49 f.at .or. or 1... to a point on tb. Ba.t.rl, boundar1 lin. of .ald Plat' th.nce Soutb ~49'36" la.t. alon, tb. I..tarl, boundar, lin. of ..id Plat, a di.taDc. of 8.15 fa.t to tba Point of B..innin.. Containinl 0.0061 acre. .ora or 1.... "