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LEGAL APPROVAL , i El\SE:MEN'f THIS INDENTURE r1\ade this 27th day of JULY byC.L. LEEMON, INCORPORATED, DBA, HOLIDAY BeACH J:30UL.t;VARD C\ corporation existing under the laws of , }\ . D., J:.9-9.G). 9 9 2 INN 480 WEST BOYNTON FLORIDA and having its principal place of business at 480 WEST BOYNTON BEACH BOULEVARD · first party, to the city of Boynton Beach, a political subdivision of \:1\0 St<<te of Florida, second party: CHARLES L. LEEMON III-OWNER (\.Jhercver used herein, the terms It first p'"rty" '" n r\ .. S Q C 1 d - It ' '" _ 01. party shall in~luda singular and p~u~al~ ~c1rs, legal represantatives and assigns 0, Ind1vJ.duals and the successors and assigns of corp<?rations, wherever the cont.ext so admits 0 regu1res.) r WITNESSETH WHERE^S, the fir~t party is the owner of Palm Beach County Flor'd .. d d . property situate in THE NORTH 25.00 FEET OF THAT ~A;T O~ NWe~stl~~iNn~ !gl~~~~DED BY THE PLAT OF BEVERLY HILLS ADD NO. 3 SUBDIVISION AS RECORDED IN THE PLAT BOOK 13, PAGE 64 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BOUNDED ON THE NORTH BY THE SOUTH LINE OF BLOCK 73, LOTS 30 thru 36; BOUNDED ON THE SOUTH BY THE NORTH LINE OF BLOCK 72, LOTS 1 THRU 7; BOUNDED ON THE WEST BY THE WEST RIGHT-OF-WAY LINE OF THE STATE ROAD 9 (1-95); BOUNDED ONTHE EAST BY THE NORTHERLY EXTENSION OF THE EAST LINE OF LOT 1, BLOCK 72, ALL LYING IN BEVERLY HILLS ADD NO. 3 AS DESCRIBED ABOVE o.l\d, WHEREAS, the second pa t d . sewer utilit" dry eS1res an ~asement for water and les an lor other ap i the~eto, on, over and across propr ate purposes incidental said property, and, WllERF.J\S, the first party is w.ll' easement, 1 ~ng to grant such an NOW, THEREFORE for and i covenants eacl~'t0 the oth~rconsi~eration of the mutual good and v^lu~b]~ consida;at:unn~n9 and one dollar and other hereby grant un~o th~ ~ons, the first party does successors and t\SSjg~Spa~ti,of the second part, its construct, maintai~ ~~ ~ - ~nd free right and authority to for above stated PU;POH~: ~~d ~~~:ll and rebuild facilities easement on, over <<nr} across the bherebY grant a perpetua.l for said purposc>s. ' a ove described property 1 ~ J !: ,. '. ~)!I A ,- ::-, . - .~, :-~ :-;: -;- '? .l i r-;,-. r::- .-::-- "::l '.....; ,_' .'"'::' ~...: ~ T I H;: .,. -. :-~ '.--! f IN WITNESS WHEREOF, the first party has caused these presents to be duly executed in its name and its corporate seal to be hereto affixed, attested by its proper officers thereunto duly authorized, the day and year first above written. signed, sealed and delivered in the presence of: BY CHARLES L. T,F.Et10N TTT-OW~ER PRESIDENT ATTEST: -4~h;,EC{1T~~~ u, '-' (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid take acknowledgements, personally appeared C'HAICt..ES L. t..1f/5 /170 rJ p;;. well known to me to be the President and CU/NE/Z-.. respectively, of the Corporation named as first party iri foregoing Easement and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily, under authority duly vested in them by said corporation, and that the seal affixed thereto is the true Corporate seal of said Corporation. to , the WITNESS my hand and official seal in the County and State last aforesaid this ~day'of ~v~1 ' A.D., i~q2- 1990. --- -- <~m(1'~ 4 /~ Notary Public in and for the State and County aforesaid. My commission expires: :::-~ :7> "": ,:: ,-....--; ~t- S S "3 >-~ d >~ '3 ~ N r .l~ I::'l r:r ! i Cl H , 'r 1 \ .1,.\....--- E1\SEMEN'f TllIS INDENTURE nlade this 27th day of JULY ,1\.0., l:-9-9-G-)..992 DBA, HOLIDAY INN 480 WEST BOYNTON by C. L. LEEMON, INCORPORATED, BeACH 130ULr;VARD C\ corporation existing under the laws of FLORIDA at 480 WEST BOYNT.ON BEACH and having its principal place of business BOULEVARD first party, to the city of Boynton Beach, a political s\.Ibdi v is ion of t:hc Sta to of Flor ida. second party: CHARLES L. LEEMON III-OWNER (Hhcrevcl:' used herein, the terms, "first party" ~n" "sacol1d p<lrtyl1 shOo 11 in~ 1ude singular and plural, heirs, legal represantatives and assigns of indi.viduals and the successors and assigns of corporations, wherever the context so admits or requi res. ) WITNESSETH WHERE^S, tho fir~t p~rty is tho owner of property situate 1n Palm Beach County, Florida, and N~eis~i~~~NTI~ ~gl~~~5RDED THE NORTH 25.00 FEET OF THAT r~~TNgF 3 SUBDIVISION AS RECORDED IN THE BY THE PLAT OF BEVERLY Hlit~ PUBLIC. RECORDS OF PALM BEACH COUNTY, ~t~~I~~~KB~~NGP~g~E6;A~~ICULARLY DESCRIBED AS FOLLOWS€~j; BOUNDED ON THE NORTH BY THE SOUTH LINE OF BLOCK 73'o~0~~OCK 30 thru 36; BOUNDED ON THE SOUTH BY THE NORTH WES RIGHT-Of-WAY 72 LOTS 1 THRU 7; BOUNDED ON THE WEST BYO~~~E T BY THE NORTHERLY LINE Of THE STATE ROAD 9 (1-95); B~UN~~gCK 72 ALL LYING IN BEVERLY EXTENSION OF THE EAST LINE Of LOT , , HILLS ADD NO. 3 AS DESCRIBED ABOVE bl\d, WIIEREAS, the second party desires an easement for water and sewer utilities and/or other ~ppropriate purposes incidental thereto, on, over and across said property, and, WIlERF.J\S, the first party is ...lilling to grant such an easement, NOW, THEREFORE, for and in consideration of the mutual covanants each to the other running and one dollar and other good and valu~b].~ co~~idoratians, the first party does hereby grant unto tho party af the second part, its successors and assigns, full and free right and authority to construct, maintain, rep~ir, install and rebuild facilities far above stated purpo:=;es and doos hereby grant a perpetual easement on, over nnd across the above described property for said purpo~0s. /';' .' -.,1. ... ,- 0, . -. __ _,. .,.:.. '":- '? .1 .1? 7 <::: <::':: J -"',-' ".' -=! ~-.....,:'" 1 H ,......,. .........;.._~ IN WITNESS WHEREOF, the first party has caused these presents to be duly executed in its name and its corporate seal to be hereto affixed, attested by its proper officers thereunto duly authorized, the day and year first above written. signed, sealed and delivered in the presence of: BY CHARLES L. If.F.MON TII-OWNER PRESIDENT ATTEST, ,~~ ~EC~Ta:;.~" U,L-- (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared c- 1-1 A R I..C<;. '-, '- Ii Ii I?? (; '" ..0:;:: well known to me to be the President and rJU'NE/Z..- respectively, of the Corporation named as first party in foregoing Easement and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily, under authority duly vested in them by said Corporation, and that the seal affixed thereto is the true Corporate seal of said Corporation. , the WITNESS my hand and official seal in the County and State last aforesaid this .cCl!::..day' of ..TV'-J A. D. , i ~q 2- 1990. --- --- ,,//$(1'5 ~ /~ Notary Public in and for the State and County aforesaid. My commission expires: s~... ~ _' n ~ ~~. ~ '? ..'. 2 ~ 'b- SS3>:;d><3 ~-:N I .1~lo:-Ia I iOH t11\lt-05-199J 10: 42am 93-06~989 ORB 7 612 p.~ 1 61 a i ,.1 I II 111.11. If f. U I .,1 . Con 1. 00 Doc: .60 EASEMENT THIS INDENTURE "lade this 27th day of JULY CHARLES LEEMON-INDIVIDUAL PROPERTY OWNER .A.D.. 1-9-9-0-,.1992 by (\ corporation existing under the laws of N/A and havl,ng its principal place of business at N/A first party, to the City of Boynton Beach, a political lr- .: stlbdi v is ion of t:hc Stn t<! of Flor ida. second party: CHARLES LEEMON-OWNER (Hhcrcver used herein, the terms, "first party" ~nf'\ '1 SQCOl1d party" shall. inl...:l.uda stngular and plural, heirs, legal representatives and assigns of indivldtlals and the successors and assigns of corporations. wherever the context so admits or I:'eql.li res. ) WITNESSETH WHERE~S, the firRt party is the owner of property situate in Palm Beach County, Florida, and described as follows: RDED BY THE PLAT OF BEVERLY HILLS THAT PART OF N.W. 1ST AVENUE AS RECO PAGE 64 OF THE PUBLIC RECORDS SUBDIVISION AS RECORDED IN THEB~i~~ ~g~~ P~~TICULARLY DESCRIBED AS FOLLOWS: OF PALM BEACH COUNTY,FLORIDA, 30 THRU 36 BOUNDED ON THE NORTH BY THE SOUTH LINE OF BLOg~ ~~' tgi~ 1 THRU 7, , BOUNDED ON THE SOUTH BY THE NORTH LINE OFW~~OLINE OF STATE ROAD 9 (1-95); BOUNDED ON THE WEST BY THE ~~~iH~i~~Ti~~iNSION OF THE EAST LINE OF LOT 1 ~~g~~E~2~NAI~EL~~~~ ~~ ~~~ERLY HILLS AS DESCRIBED ABOVE. LESS: THE NORTH 25.00 FEET THEREOF. ~I\d, WHEREAS, the second party desires an ~asetnent for water and sewer utilities and/or other ~ppropriatc purposes incidental thereto. on, over and across said property, and. WHERF.J\S, the first party is ....zilling to grant such an easement., NOW, THEREFORE, for and in consideration of the mutual covenants each to the other runnin9 and one dollar and ot~er good and valu~b],e considerations, the first party does hereby grant unto the party of the second part, its successors and ~ssigns, full and free right and authority to construct, maintain, repair, install and rebuild facilities for above stated purpoHes and does hereby grant a perpetual easement on, over nnd across the above described property for said purpo~es. RECEIVED FEB 2 6 1993 , "-- .' <0- RECORD- !./ERIF lED OOROTH)~.H ...!!l~~ CLERK . THE COURT - PB ~UVNi l' rL IN WITNESS WHEREOF, the first party has caused these presents to be duly executed in its name and its corporate seal to be hereto affixed, attested by its proper officers thereunto duly authorized, the day and year first above written. Signed, sealed and delivered in the presence of: ./ .- INDIVIDUAL PROPERTY OWNER ~_. ..-...._.~--~---_._--- -.-.-- __---#0.. r~ . "P- ATTEST: ~~~E;;;~~-~' ~ >'- (CORPORATE SEAL) STATE OF FlOR 1D4. COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid take acknowledgements, per~onally appeared L,'/fA~LEJ' LEE /11 v :V well known to me to be the ow~i~~~~sident and respectively, of the Corporation named as first party in foregoing Easement and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily, under authority duly vested in them by said corporation, and that the seal affixed thereto is the t:.ue Corporate seal of said corporation. to , the WITNESS my hand and official seal in the County afid.,'.",^,., State last aforesaid this .l7tNday' of .}'v'-'1 1\~,nJt 12;....;. 1990. J. H 7/( ~~ Notary Public in and for the State and County aforesaid. My commission expires: '=:::: . .~ ~~~,.:.. t-'i:.!_ ..!..::?t:- S S 3 ~ d ><'3 N N ~ ,',I::II1! I fJ H M'AR-05"-1993 W:42am 93-0659'7'0 m~B 761 2 P'3 1 61 2 { ii., H fl. filiI. f.' I Iii ..,., Con 1. 00 Doc .ou EASEMENT - I TIllS INDENTURE ["(lade this 27th day of JULY ,A.D., l:-9-9.G).992 DBA, HOLIDAY INN 480 WEST BOYNTON by C. L. LEEMON, INCORPORATED, BEACH !:3UULt;VARD a corporation existing under the laws of FLORIDA i at 480 WEST BOYNT,ON BEACH and having its principal place of bus ness BOULEVARD -----first party, to the City of Boynton Beach, a pOlitical , '--" subdivision of t:h~ StCl.te of Florida, second party: CHARLES L. LEEMON III-OWNER (\'lherevcr used herein, the terms r "first party" "1nr\ "SQcol,d p.nrtyll shall in~ludC! s1.n9ular and plul"C\l, heirs, legal representatlves and assigns of individuals and the Successors and assigns of corpora tions r \.,herever the context so admits or requires.) WITNESSETH WHERE^S, thn fir~t p~rty is the Owner of property situate in P<l.lm Bea.ch County, Florida, and describedNas fgl~~C'~RDED OF THAT PART OF NW 1ST AVE Ut; A TSE NORTH 25.00 FEET DD NO 3 SUBDIVISION AS RECORDED IN THE BY THE PLAT OF BEVERLY Hli~~ ~UBLIC.RECORDS OF PALM BEACH COUNTY, ~t~~I~~~KB~~NGP~g~E6~A~~ICULARLY DESCRIBED AS FOLLOWS: SOUTH LINE OF BLOCK 73, LOTS BOUNDED ON THE NORTH BY THE THE NORTH LINE OF BLOCK 30 thru 36; BOUNDED ON THE SOUTH BY THE EAST RIGHT-OF-WAY 72 LOTS 1 THRU 7; BOUNDED ON THE WESTE~YONTHE EAST BY THE NORTHERLY LINE OF THE STATE ROAD 9 (1-95); B~UN~LOCK 72 ALL LYING IN BEVERLY EXTENSION OF THE EAST LINE OF LOT , , HILLS ADD NO. 3 AS DESCRIBED ABOVE ~I\d, WHEREAS, the second party dosires an f'!asement for water and seWer utilities and/or other appropriate purposes incidental thereto, on, over and across said property, and, WIIERF.^S, the first party is willing to grant such an easement, NOW, THEREFORE, for and in consideration of the mutual COVQnants each to the other running and one dollRr and other good and valu~b].Q considQrations, the first party does hereby grant unto the party of the second part, its SUccessors and aSSJ.gns, full and free r.tght and authority to construct, maintain, repair, install and rebuild facilities for above stated p\lrp03es and does hereby grant a perpetual easement on, over and across the above described property for said pUrpo~es. I'; . "-2 vr\t. t '-' ..L..L- '.I ~ -.-- RECORD VEpLl7IEO OOROTIf11 H Jf~L~ CLERK OF T, COURT - PB cuVNI" rL IN WITNESS WHEREOF, the first party has caused these presents to be'duly executed in its name and its corporate seal to be hereto affixed, attested by its proper officers thereunto duly authorized, the day and year first above written. signed, sealed and delivered in the presence of: ,I" "" ." BY CHARLES L. T .F.F.MON I I I -OWNER PRESIDENT . , ........ .... ..... .. 'I; . ATTEST'---4~j,~ ,j: 'ii-~,u.~ SECRETA >- -~" r- . (' I . .? (CORPO~~TE SEAL) .~. ... . ....,.: -'". ., . .- STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid take acknowledgements, personally appeared (' HII,(! L~ L. Lift J7l& '" .II1=- well known to me to be the President and (..'!L'dll~~ respectively, of the Corporation named as first party iri foregoing Easement and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily, under authority duly vested in them by said Corporation, and that the seal affixed thereto is the true Corporate seal of said corporation. to , the WITNESS my hand and official seal in the County and State last aforesaid this ~day' of .Tv,",] A. D. , 11'12- 1990. .:... ... .,. ..-'" ---- -- //~m"5 ~ /,H~ 7 Notary Public in and for .the State and County aforesaid. My commission expires: r:: Vi; . ,_; c:::\~:,::." ~~L .L::?~ SS3~d><3 NNI ,1,~a!'OH ....\- 8A1 N.W. 1st AVENUE ABANDONMENT r" ~ I / , / / ' 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, May 12, 1992 at 7:00 P.M. to consider an application submitted by Larry Cuddy, agent for Holiday Inn and C.L. Leemon, Inc., owner, to ABANDON N.W. 1st Avenue from N.W. 4th Street to 1-95, more particularly described as follows: A parcel of land for road abandonment lying in the plat of Beverly Hills Add. No.3, as recorded in Plat Book 13, Page 64 of the Public Records of Palm Beach County, Florida, said land being described as: Bounded on the North by the South line of Lots 31 thru 36, Block 73; bounded on the East by the northerly extension of the East line of Block 72; bounded on the South by the North line of Lots 1 thru 7, Block 72 and bounded on the West by the East right of way line of State Road 1-95, all land lying in the subdivision of Beverly Hills Add. No. 3 Containing 0.17 acres, more or less and subject to easements and rights of way of record ALSO A PUBLIC HEARING will be held by the CityCommissionof the City of Boynton Beach on the above request on Tuesday, May 19, 1992 at 1:00 P.M. 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. SUZANNE M. KRUSE CITY CLERK CITY OF BOYNTON BEACH PUBLISH: BOYNTON BEACH NEWS April 28 and May 5, 1992 RESOLUTION NO. R93-J 7 7626 P9 1102 I, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A FIFTY (50) FOOT WIDE LOCAL STREET; SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; RESERVING AN EASEMENT FOR PUBLIC UTILITY PURPOSES OVER, UNDER AND ACROSS SAID PARCEL; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID LOCAL STREET; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. " .1 WHEREAS, Larry Cuddy, as agent for Holiday Inn and C.L. Leemon, Inc., owner of said property, has requested the abandonment of the hereinafter described fifty foot wide local street; and WHEREAS, comments have been solicited from the appropriate City Departments; and WHEREAS, public hearings have been held before the City's Planning and Development Board and the City Commission on the proposed abandonment; and WHEREAS, based on the foregoing information, the said local street no longer serves any useful purpose, WHEREAS, it is necessary for the Ci ty to reserve an easement over, under and across the subject parcel of public I utility purposes. ! I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF :1 'I THE 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 abandon a certain fifty (50') wide local street, located in the City of Boynton Beach, Florida and more particularly described in Exhibit "A" attached hereto. Section 2. This vacation and abandonment of the above-referE:.nced local street is expressly subject to the reservation of an easement over, under and across the subject parcel for public utility purposes. Section 3. The Mayor and City Clerk are hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be file in the Public Records of Palm Beach County, Florida. Sectior-- . . This Resolution VI\L:' '0"::"0 r':! .1 ~ U~ ~all take effect 'i immediately upon passage. PASSED AND ADOPTED this ~ day of March, 1993. CITY OF BOYNTON BEACH, FLORIDA / i / '::4' . , .;' ( I.--l (\./ -<- :-'-~~ Mayor / '-- .-, .1, vice,~ayor I ~) / ~- "'/,<.1" /..... ',: J ./ ~.' / / /~ ~ , .~ . .' I . _/.. ~ - // ./ / C~ ' e,%i 'J ,/ I .~/.~Jt?&~" Commissipner ATTEST: ~9zW;<<,~. Cit Clerk (Corporate Seal) Leemon. Res. 2/25/93 H/lnn ij :i i .- /.., /. r { - " ,:: ':',;; :10 ! ....:, . \~.~ . c: ~~.~~'(~. ff '\J . r'....... .. ~/ , -y'-:-"",' / ........ '. -_...-.,. . "'" . '. . ... ....J. ~-----'" I I I II I I I i I I II I II ,I I I I I, il :\ 'I , I I 'I :i ,I II II II ORB 7b~6 pg 1104 EXHIBIT "A" A parcel of land for road abandonment lying in the plat of Beverly Hills Add. No.3, as recorded in Plat Book 13, Page 64 of the Public Records of Palm Beach County, Florida, said land being described as: Bounded on the North by the South line of Lots 31 thru 36, Block 73; bounded on the East by the northerly extension of the East line of Block 72; bounded on the South by the North line of Lots 1 thru 7, Block 72 and bounded on the West by the East right of way line of State Road 1-95, all land lying in the subdivision of Beverly Hills Add. No.3. Containing 0.17 acres, more or less and subject to easements and rights--of-way of record. il '11 ORB 762l i~ 11 OS ,I :1 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 wide right-of-way, situated and located in Palm Beach County, Florida, attached hereto as Exhibit "Au. IN WITNES3 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 March, .'kU!~ Arline Weiner, Mayor 1993. :: ATTEST: ~t'Af'~~~ ~"'~/ J Su nne Kruse, City Clerk i STATE OF FLORIDA COUNTY OF PALM BEACH ) ) ss: ) BEFORE ME, the undersigned authority, personally appeared Arline Weiner and Suzanne Kruse, 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 , .' " I foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses .1 , 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 ~ day of March, 1993. ~7n.P~ tary Public My Commission Expires: r' --..,. ~ .....: :':"~ ~~ ~t'.'''!=1 ," - '''i " ....' ~ .. ,,1(\.. ~ ~1 ;.;:.1' .:,~..'::l(l; :.1~ .... ..'w:j."~1.::.-:' .;:: :, I I I :1 I I it il EXHIBIT "A" ORB 7626 pg 1106 RECORD VERIfIED OOROTHY H WIlKE ClERk' Of THE COURT - PB COUNTY, FL A parcel of land for road abandonment lying in the plat of Beverly Hills Add. No.3, as recorded in Plat Book 13, Page 64 of the Public Records of Palm Beach County,' Florida, said land being described as: Bounded on the North by the South line of Lots 31 thru 36, Block 73; bounded on the East by the northerly extension of the East line of Block 72; bounded on the South by ~he North line of L~ts 1 thru 7, 3lock 72 and bounded on the West by the East right of way line of State Road I-95, all land lying in the subdivision of Beverly Hills Add. No.3. Containing 0.17 acres, more or less and subject to easements and rights--of-way of record. \ REED, GRIFFITH & MORAN ArrORNEYS AT LAW POST OFFICE DRAWER 10 630 EAST OGEAN AVENUE BOYNTON BEAGH, FLORIDA 3342~ ROBERT B. REED JAMES J. MORAN TELEPHONE: 407732-8188 407 737-19915 FAX: 407 732-4222 ROBERT F. GRIFFITH, JR. OF GOUNSEL January 26, 1993 Mr. Vince Finizio Boynton Beach Engineering Department Post Office Box 310 Boynton Beach, Florida 33425-0310 RE: HOLIDAY INN LEGALS Dear Mr. Finizio: Please be advised that I am in receipt of a copy of W. Richard Staudinger I s letter to you dated December 28, 1992 concerning the Certificate of Title which my office prepared as captioned above. I enclose herewith a photocopy of the Certificate of Title for your reference. I was requested to issue this Certificate of Title and to advise who owned Lots I, 2, 3 and 4, Block 72, Beverly Hills Addition #3, Plat Book 13, Page 64, Public Records of Palm Beach County, Florida. As indicated in my Certificate, the Public Records reflect that these lots are owned in their entirety by Charles L. Leemon and patricia A. Leemon, husband and wife. Although it is true that the South 13 feet of each of these lots is noted as not included on the sketch, the fact remains that Mr. and Mrs. Leemon own all of Lots I, 2, 3 and 4. Also, please note that the property in question to be abandoned by the City lies to the North of Lots I, 2, 3 and 4, whereas the 13 feet in question lies to the South of these lots. I trust this will answer any questions you have have on this matter. If I can be of further assistance, please do not hesitate to contact me. Sincerely ours, /bw Enclosures RE<;~~, . "_._'.'~.f ......,..4.l...:.._""--- .v' ~J..:-'~_''''' cc: W. Richard Staudinger Larry L. Cuddy JAN 29 l ANN~NGD~PT'! . Ppu\Ni''iIl\lG DEf'~ - ~ CERTIFICATE OF TITLE This is to advise that I am a member in good standing of the Florida Bar and that I have examined the public records relating to the title of the following described real property being in Palm Beach County, Florida, to wit: Parcel No. 1 - Lots 30 to 36 inclusive, Block 73, Beverly Hills Addi tion No.3, according to the Plat thereof recorded in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 13, Page 64 (less 1-95 right of way) . Parcel No. 2 Lots 1, 2, Addition No.3, Plat Book Florida. 3 and 4 , 13, Page Block 72, 64, Palm Beverly Hills Beach County, Parcel No. 3 - Lots 5, 6 and 7 72, Beverly Hills Addition No. Beach County, Florida (less 1-95 right of way), Block 3, Plat Book 13, Page 64, Palm and, based upon said examination, I find that as of ID-~7'9~ 1992, title to the aforesaid real property is vested as follows: Parcel No. 1 - title is vested in CHARLES L. LEEMAN and LINDA L. LEEMAN, husband and wife; Parcel No. 2 - title is vested in CHARLES L. LEEMAN and PATRICIA A. LEEMAN, husband and wife; Parcel No. 3 - title is vested in CHARLES L. LEEMAN III and LINDA LEEMAN, husband and wife. at Law Ocean Avenue Beach, Florida 33435 REED, GRIFFITH & MORAN, ATTORNEYS AT LAW, 630 EAST OCEAN AVENUE, BOYNTON BEACH, FLORIDA 33425 POST OFFICE DRAWER 10, (407) 732-6166 OR 737-1995 1J'0~A T ~ ) PLANNING AND ZONING DEPARTMENT MEMORANDUM #93-039 FROM: J. Scott Miller City Manager ~~ Christopher Cutro Planning and zoning Director TO: DATE: February 25, 1993 Abandonment N.W. 1st Avenue (Holiday Inn) RE: As you may recall in May of 1992, the City Commission agreed to abandon N.W. 1st Avenue in May of 1992 subject to dedication of easements and a resurvey of the property. We now have the easements in hand for recording and resurvey was completed and reviewed by the City Engineer. The attached resolution will officially abandon the street to the Holiday Inn. This item has been scheduled for City Commission review on March 2, 1993. CC/jm Att. A: ABANDON. JM RESOLUTION NO. R92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A FIFTY (50) FOOT WIDE LOCAL STREET; SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; RESERVING AN EASEMENT FOR PUBLIC UTILITY PURPOSES OVER, UNDER AND ACROSS SAID PA6CELf AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID LOCAL STREET; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Larry Cuddy, as agent for Holiday Inn and C.L. Jnc., owner of said property, has requested the bandonment of the hereinafter described fifty foot wide local street; and WHEREAS, comments have been solicited from the ppropriate City Departments; and WHEREAS, public hearings have been held before the Fity.S Planning and Development Board and the City rommiSSion on the proposed abandonment; and WHEREAS, based on the foregoing information, the said local street no longer serves any useful purpose. I WHEREAS, it is necessary for the City to reserve an Ileasement over, under and across the subject parcel for I~UbliC utility purposes. I ROW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSIOR IOF THE CITY OF BOYlfl'OR BEACH, FLORIDA THAT: - I Section 1: The City of Boynton Beach, Florida, by and through its City Commission, does hereby abandon a \certain fifty (50') wide local street, located in the City of Boynton Beach, Florida and more particularly described in Exhibit "A" attached hereto, Section 2: This vacation and abandonment of the above-referenced local street is expressly subject to the I I~eservatlon of an easement over, under and across the I~Ubject parcel for public utility purposes. II Section 3: The Mayor and City Clerk are hereby I~uthorized and directed to execute and deliver the attached I isclaimer and cause the same to be filed in the Public ecords of Palm Beach County, Florida. Section 4: This Resolution shall -take effect immediately upon passage. PASSED AND ADOPTED THIS 11992. 'I Ii I I I day of , CITY OF BOYNTON BEACH, FLORIDA I' I I I I I II I, q II Mayor Vice Mayor Commissioner Commissioner I I jlATTEST' 'I ICi ty Clerk I Commissioner (Corporate Seal) II I,' Leemon. res 5/13/92 ,I 'I !I :1 ,I EXHIBIT "A" A parcel of land for road abandonment lying in the plat of Beverly Hills Add. No.3, as recorded in Plat Book 13, Page 64 of the Public Records of Palm Beach County, Florida, said land being described as: Bounded on thE! North by the South line of Lots 31 thru 36, Block 73; bounded on the East by the northerly extension of the East line of Block 72; bounded on the South by the North line of Lots 1 thru 7, Block 72 and bounded on the West by the East right of way line of State Road 1-95, all land lying in the subdivision of Beverly Hills Add.No. 3. Containing 0.17 acres, more or less and subject to easements and rights-of-way of record. I II !I PLANNING AND ZONING MEMO NO. 92-189 TO: James Cherof, City Attorney 1'0 p. -+_.L. ~ V 'c4N!\l--~ ,,(.'.. - FROM: Christopher Cutro, Planning and Zoning Director DATE: September 29, 1992 SUBJECT: Legal Documents for HOliday Inn Street Abandonment You will recall that N.W. 1st Avenue was vacated by the City Commission on May 19, 1992. The owners of the Holiday Inn have submitted the attached documents to meet the conditions attached to this abandonment. 1. dedication of the abandoned street as a utility easement, 2. resurvey and legal documents for the adjacent property and the abandoned street, showing the easement and the reconfigured lots, 3. agreement to build the sidewalk. I would ask that you review these documents as soon as possible. If there are problems please let me know and I will contact the representative for the applicant. If the documents are acceptable, please prepare a resolution abandoning the street in question for City Commission approval. Please feel free to call me if you have any questions. CC/cmc Attachments C:Holinn '\ OUIT CLAIM DEED THIS INDENTURE, made this I ~ day of Julv , 1992, between Charles L. Leemon III and Linda Leemon, his wife, (the "Grantors"), of the county of Dade in the State of Florida, and Charles L. Leemon and Pa~ricia A. Leemon, his wife (the "Grantees"), of the County of Dade in the State of Florida, whose post office address is 10775 Caribbean Blvd., Cutler Ridge, Florida 33189. WITNESSETH: That Grantors, for and in consideration of love and affection and the sum of One and NO/100 Dollars ($1.00) in hand paid by Grantees, the receipt whereof is hereby acknowledged, does hereby give donate and quit claim to Grantees, their heirs and assigns forever, land, situated in Palm Beach County, Florida, described as: Lot 5,6 and 7 (less 1-95 right of way), Block 72, Beverly Hills Addition No.3, Boynton Beach as reco~ded j~ pJat Book 13; page 64, Public Records of Palm Beach, County, Florida. Subject to: Taxes for 1992 and subsequent years; zoning restrictions imposed by governmental authority; and restrictions and easements of record, if any; Grantors certify that the above property is not their homestead or permanent residence of Grantors, and Grantor's permanent resident is in fact. 17704 S.W. 83rd Court, Miami, Florida 33157. The foregoing deed is a gift of the above described property from the Grantor Charles L. Leemon III to his parents named above as Grantees. No consideration, other than nominal consideration named above, is passing between Grantees and Grantors. IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals on the date set forth above. ---" ........---........-...-.. (' ~ ~i::gnature . Leemon, whose address and residence is 17704 S.W. 83rd Court Miami, Florida 33157 Signed, Sealed and Delivered in the Presence of: z ess Signature "'" k r'"\ ~ v'\ ~\~, \...U (\) A .'Yl Print Witrlrss Name \ JI ~ct~-~ ~a Leemon, his wife, whose Post Office address and residence is Miami, Florida Tax Folio No. 08434528150720050 PARCEL 1 THE NORTH 2:1. Oil FEET OF THAT PART C* N. W . 1ST AVENUE AS RECORDED BY THE PLAT OF BEVE.RLY HILLS ADO NO 3 SUBDIVISION AS RECORPFD IN PLAT 800K 13, PAGE 64 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BOUNDED ON THE NORTH BE THE SOUTH L I 1'11': OF BLOCK 73, LUT::, '3(l THRU 36; BOUNDED ON THE SOUTH BY THE NORTH LINE OF BLOCV l~~. LOT~< 1 THRU 7; BOUNDED ON THE WEST BY THE WEST RIGHT-OF-WAY LrNE OF STATE ROAD '9 (I -95); BOUNDED ON THE EAST BY THE NORTHERLY EXTF:NSION OF THE EAST LINE OF LOT 1. BLOCK 72, ALL LYING IN BEVERLY HILLS ADD NO 3 AS DESCRIBED ABOVE. PARCEL 2 THAT PART OF N. W. 1ST AVENUE AS RECORDED BY THft: PLAT or. BEVJ-:HI.Y HILLS SUBDIVISION AS RECORDED IN PLAT BooK 13, PAGE 6.4 OF TH"~ PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BOUNDED ON THE NORTH BY THE SOUTH LINE OF BLOCK 73, LOTS 30 THRII 36; BOUNDED ON THE SOUTH BY THE NORTH LINE OF BLOCK 72, LOTS 1 THRU 7; BOUNDED ON THE WEST BY THE WEST RIGHT-OF-WAY LINE 01' ~~TA1F ROAD 9 (1-95); BOUNDED ON THE EAST 8Y THF NORTHERLY EXTENSION (If'' THE EAST LINE OF LOT 1 BLOCK 72. ALL LYING IN BEVERLY HILLS AS DESCRIBED ABOVE. LESS: THE NORTH 25.00 FEET THEREOF. AND: THE NORTH 57. ~5 FEET aF LOTS 1 THRlJ 7, BLUCK 7~: BEVERLY HIl.LS ADO NO 3 SUBDIVISION,.. AS MEASURED ALONG THE EA:=;T LINE OF leYI' 1. ANI) LYING EAST at<- THE EAST RIGHT-OF-WAY LINE 01< STATE ROAD Cl (1-95) PARCEL 3 ALL OF LOTS 1-7, BLOCK 72, HEVERLY HIl.LS ADD NO 3, LESS THE SOUTHERLY 13 FEET oif LOTS 1,2.3 AND THE EAS1' 22 FEET OF LOT 4. ALS(} LESS RIGHT-OF-WAY FOR 1-95. ACCORDLNG TO THE PLAT BEVERl.Y HILLS ADD NO 3. AS RECORDED IN PLAT BOOK 13, PAGE 64 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS: THE NORTH 57.35 FEET OF LOTS 1. THRU 7 ALONG THE EAST LINE OF LOT 1. BLOCK 72. BLOCK ,,..., , u, AS MEASURED ------- ----------------------- -----, -~--~~~ - ..~~~Y!~~~~ -~~~~~~~- ~-...-1 j ~ ~~ I \. I ~\5' rs -, I , ~~ VI ~\ ~" \ ~ ~ ~'-!} Q. v\ (~ ~ ~. " " ~ lI\ ~. '0 (\ 1\1, ~\ ;i O-t: , l. o.~ ... J () ... 0 " l) fI\ \ !\J 'b f\ o' f\) [. .J 1'1 .' , 1\- '. ) l} , lIj ~ o z c "''':r ~~g;;! e:J:O~ t;.;'J><~ oUlr r; t: > ii -< :D o [l ~ lD c to to ID ID V> ... C! 0 ~'1)~ .. tJ -. 0 en P(lii ~~)(:n . ';afjO t;;;j~ .. m 'f '!J C- O ID 2 9- !l ~ D ~~ \J:'Z':b' ('I '-. ~ " $. ~ ,...... ',; l'\. l" '\ () ~. ~ ~ '" c. 't\ \' o. 0) '-J cr cil!P fAJ ') ~ ~ !'l)@~8 ~~C) ~ ~ ~ ~ ~ ~ ~ Ct) , 0 BJ~ ~ ~1 ~~~() \ ~ i;S '< (ij :s.. 'tt I \1.~ ~ ~ "~ ~ \J () J) \\ ': '-I ~'V) "U "' II. ,_. -- --.-.. -- -_.- -- --. -. .. ''''1 ~ ,ST4Te Ea)qD .7-9- NOo.Z9'src ) 'S 7,.3.00 j--- e;f'w w o ~ to '1.... S7. a so . J'; ~ '-' . ~ ~ UI ---~ ~~----~ . Z5 zs r-so. --~ '~~ ,~ )) ~ ~ ti J I ~ "'t ~ ~ ()1; ~ 'f.- () 8 ~t) I\J ~ 1:' I---~~ ---~H---i' ~~'N~t- ~ '\I ~ I\) ~ It 1\ (1- b' \)\J ~ 1\ ~~'-Wf:i ~ " i ,~l\"Q ~ I 'l. . b' lu ~ ~ ~ '- ~, ~ ~.~ lL -p- -- !L._ -~-,~- ~ ~r"~ u -- - ; I~ flJ '" "~ I !k 'Ill ~ .. 1- ~---~ ----I l'~-~ 6\ ~----- 8 U\ lu l\i tu OJ l60.0c S,/'04Z' 00 "c. <" " Z5.0J t1 ,?L (2.- '. " '.. , EASEMENT THIS INDENTURE made this 27TH day of JULY 1992 ,A.D., i9ge,. by c. To. ToRRMOJlJ nJCORPORA'1'RD, DBA, HOLIDAY nm, 480 WEST BOYNTON, BEACH BOULEVARD, BOYNTON BEACH FLORIDA, 33435, a corporation existing under the laws of FLORIDA and having its principal place of business at480 WEST BOYNTQN BEACH BOULEVARD, fir~t party, to the City of Boynton Beach, a political subdivision of the State of Florida, second party: CHARLES L. LEEMON III-OWNER (Wherever used herein, the terms, "first partyll and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH ',' WHEREAS, the fir~t party is the owner of property situate in Palm Beach County, Florida, and described as' follows: THE NORTH 25.00 FEET OF THAT PART OF N.W. 1ST AVENUE AS RECORDED BY THE PLAT OF BEVERLY HILLS ADD NO 3 SUBDIVISION AS RECORDED IN PLAT BOOK 13, PAGE 64 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BOUNDED ON THE NORTH BE THE SOUTH LINE OF BLOCK 73, LOTS ~O THRU 36; BOUNDED ON THE SOUTH BY THE NORTH LINE OF BLOCK 72, LOTS 1 THRU 7: BOUNDED ON THE WEST BY THE WEST RIGHT- OF-WAY LINE OF STATE ROAD 9 (1-95); BOUNDED ON THE EAST BY THE NORTHERLY EXTENSION OF THE EAST LINE OF LOT 1, BLOCK 72, ALL LYING IN BEVERLY HILLS ADD NO 3 AS DESCRIBED ABOVE. and, WHEREAS, the second party desires an easement for water and sewer utilities and/or other appropriate purposes incidental thereto, on, over and across said property, and, WHEREAS, the first party is willing to grant such an easement, NOW,. THEREFORE, for and in consideration of the mutual covenants each to the other running and one dollar and other good and valuable considerations, the first party does hereby grant unto the party of the second part, its successors and assigns, full and free right and authority to construct, maintain, repair, install and rebuild facilities for above stated purposes and does hereby grant a perpetual easement on, over and across the above described property for said purposes. . 't<l ;, ~.. ~> I I. IN WITNESS WHEREOF, the first party has caused these presents to be duly executed in its name and its corporate seal to be hereto affixed, attested by its proper officers thereunto duly authorized, the day and year first above written. Signed, sealed and delivered in the presence of: BY CHARLES L. LEEMON III-OWNER PRESIDENT ATTEST: ~~-' ~UbVL SECRETARY (CORPORATE SEAL) STATE OF 1i4/a:DA COUNTY OF 'f?o4(,M '6~~\ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid take acknowledgements, personally appeared 'lI~li:> i... tEE/11oJ ilt well known to me to be the President Dw#E~ respectively, of the Corporation name as first party in foregoing Easement and that they severally acknowledged executing the same in the presence of two sUbscribing witnesses freely and voluntarily, under authority duly vested in them by said Corporation, and that the seal affixed thereto is the true Corporate seal of said Corporation. to , the WITNESS my hand and official seal in the County and State last aforesaid this Lday of Ilv4u;r, J?CJz... , A.D., 1990. ' ~ ;f/ 7HZ- - Notary Public in and for the State and County aforesaid. My commission expires: '" ,>~: '..".!.,'~.:...,~:"""";', . .,',', ':. '.~' ::;=)~.::'.:,i .a.'~,. ~,'.. . t I' . EASEMEN'r THIS INDENTURE made this 27TH day of JULY by CHARLES LEEMON-INDIVIDUAL PROPERTY OWNER ,1\.0., f~~, a dorporation existing under the laws of N/A , and having its principal place of business at N/A first party, to the City of Boynton Beach, a political subdivision of the State of Florica, second party: CHARLES LEEMON- OWNER (Wherever used herein, the terms, "first party" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH . . . WHEREAS, the first party is the owner of property situate in Palm Beach County, Florida, and described as follows: THAT PART OF N. W. 1ST AVENUE AS RECORDED BY THE PLAT OF BEVERLY RILLS SUBDIVISION AS RECORDED IN PLAT BOOK 13, PAGE 64 OF THE PUBLIC RECORDS OF PALM BEACll COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BOUNDED ON TUE NORTH BY TUE SOUTH LINE OF BLOCK 73, LOTS 30 THRU 36; BOUNDED ON TUE SOUTH BY THE NORTH LINE OF BLOCK 72, LOTS 1 TURU 7; BOUNDED ON THE WEST BY THE WEST RIGHT-OF-WAY LINE OF STATE ROAD 9 (1- 95); BOUNDED ON THE EAST BY THE NORTHERLY EXTENSION OF THE EAST LINE OF LOT 1 BLOCK 72, ALL LYING IN BEVERLY HILLS AS DESCRIBED ABOVE. LESS: THE NORTH 25.00 FEET THEREOF. and, " WHEREAS, the second party desires an easement for water and sewer utilities and/or other appropriate purposes incidental thereto, on, over and across said property, and, WHEREAS, the first party is willing to grant such an easement, NOW r- THEREFORE, for and in consideration of the mutual'j,f:: covenants each to the other running and one dollar and other good and valuable considerations, the first party does hereby grant unto the party of the second part, its successors and assigns, full and free right and authority to construct, maintain, repair, install and rebuild facilities for above stated purposes and does hereby grant a perpetual easement on, over and across the above described property for said purposes. '. . IN WITNESS WHEREOF, the first party has caused these presents to be duly executed in its name and its corporate seal to be hereto affixed, attested by its proper officers thereunto duly authorized, the day and year first above written. Signed, sealed and delivered in the presence of: n DIVIDUAL {CORl?ORATE SEAL) STATE OF f~A COUNTY OF ~L()1 ~. I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and County aforesaid take acknowledgements, persona~ly appeared CllfMU,f5 t.E€/IloAl well known to me to be the owh/'tP- ~residQnt and respectively, of the Corporation named as first party in foregoing Easement and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily, under authority duly vested in them by said corporation, and that the seal affixed thereto is the true Corporate seal of said Corporation. to , the WITNESS my hand and official seal in the County and State last aforesaid this 'If- day of lJU(ill~"" i/C{7L-, A. D. , 1990. ~YII~ Notary Public in and for the State and County aforesaid. My commission expires: ~;~i~:~::~:!~~Wc\i~G,~~?:~~":!.I :;~.~~:::.