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APPLICATION / " ? . ,.;.,/ . , ... APPLICATION TO ABANDON/VACATE BOYNTON BEACH PLANNING DEPARTMENT APPLICATION INFORMATION FORM NOTE: This form must be filled out completely and accurately and must accompany all applications submitted to the Planning Department. (Three (3) copies of application are required.) PROJECT NAME: QUAIL RUN AGENT'S NAME: AGENT'S ADDRESS: Coscan Florida. Inc. (Thomas Lira) 1900 Corporate Blvd. N.W. Suite 400 East Building Boca Raton. Florida 3343] AGENT'S PHONE: (407) 994-1433 OWNER'S NAME: (or Trustee's) Quail Run Master Association OWNER'S ADpRESS: Same As .Above OWNER'S PHONE: Same As Above PROJECT LOCATION: N.W. 26th Street & Aspen Court (not legal description) CORRESPONDENCE ADDRESS: * (if different than agent or owner) * This is the address to which all agendas, letters and other materials will be forwarded. / It. --' :~ .' " APPLICATION TO ABANDON/VACATE ... The undersigned, pursuant to Ordinance NO. 76-27 of the City of Boynton Beach, Florida, hereby applies to the City Commission to vacate, 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 . connection therewith. Said application is to be filed with the Planning Department in triplicate and applications involving more than one of the above listed nonfee interests shall be filed separately. Each appli- cation so filed shall be complete in every respect. The undersigned hereby certify: 1. That a complete and accurate legal description with the specific property interest sought to be vacated or abandoned, in- cluding where possible a plat map or drawing showing the general area and location involved, is set forth in Exhibit "A" attached hereto. . 2. That the title or interest of the City and the public in and to the specific property interest described above was acquired and is evidenced by, (check one): ( ) DEED ( X ) DEDICATION ( ) PRESCRIPTION , Page 100-2, and Recorded ih Plat of Quail Run Book 57 Public Records of Palm Beach County, Florida. 3. That no similar application has been considered by the City at any time within six (6) months of the date hereof, and should this application be granted, such abandonment and vacation will prevent no other property owners from access to and from their property and no other property owners in the vicinity will be adversely effected. 4. That the above described property interest is under the control and jurisdiction of the City Commission of the City of Boynton Beach, Florida; is not a part of any state or federal highway system; and was not acquired or dedicated for state or federal highway purposes. 5. That the following constitutes a complete and accurate schedule of all owners and occupants bounding and abutting the property interest described above. NAME ADDRESS See At"tRC'np(! "11 l' ... 6. That the following grounds and reasons are submitted in support of this application: The 20 foot lake maintenance easement prohibits the home owners from having swimming pools. There is 18 feet of land between the rear property line and the edge of water which is adequate space to maintain the lake. The Lake Worth Drainage District is not enjoined in this easement. . DATED: 8/25/89 /) A~(~ ~PLEASE SIGN) ~Q~~ :Run Master Association ADDRESS Suite 400 East Building 1900 Corporate Blvd. N.W. . . Boca Raton. Florida 33431 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 are/is the applicant(s) in the foregoing Application to~andon/ Vacate; that they have read the same and that the facts therein set forth are true and correct to the best of their knowledge. ,. -.... '0- .... ,.~~' -. ..../ ......" -~..'~ ~- -::. -.........: '.::,' '.." ~ .:;..... : ,......, '. . "'" ..... . - My Commission Expires: Notary Public, State 0.' Rorida My Cormni"nion Expires Feb. 16, 1991 Ionded llHU troy Fain. Insurance hu:. 6-19-87 I~ ~ n..6r ~ ~ ~ ..................--...-...... ~. ZIP CODE 33/.36 PROPERTY NAME__~!!~~~~_~~}~!~S!2~~~~2E~_~n~~________________ UNIT fl LEGAL DESCRIPTION OWNER'S NAME/ADDRESS/PHONE TENRNT 001 Elliott & Eleanor Freedman 1 Aspen Court 002 Mr. Achim Renner 2 Aspen Court 003 3 Aspen Court Rembrandt Builders 21 Aspen Court (owns all vacant lots) 004 4 Aspen Court 005 5 Aspen Court 006 6 Aspen Court ; 007 7 Aspen Court .. . . Mitchell & Annette Murdje~ 008 8 Aspen Court 009 9 Aspen Court 010 10 Aspen Court Dr. Stanley & Sylvia Chai 011 11 Aspen Court 012 12 Aspen Court 013 13 Aspen Court 014 14 Aspen Court 015 15 Aspen Court Darryl & Eleanor Flynn 016 16 Aspen Court , .' 017 17 Aspen Court Dan & Judy Marvel 018 18 Aspen Court fC) , . ~- ""__ iRnI ..... P"L~ H...... ..-----"""' or ZIP CODE 33436 PROPERTY NAME__~u~l!~uE_~~_t:!_~~S~~~!~~E~_~C~________________ UNIT it LEGAL DESCRIPTION OWNER'S NAME/ADDRESS/PHONE TENRNT 019 19 Aspen Court John & Regina Waterhouse Mrs. Alice Burch 020 20 Aspen Court 021 21 Aspen Court ," i . , \ JO ----==" /' . '~~"~~l ABANDONMENT AND, V ACA TION OF EASEMENT This instrument is dated this Quail Run Master Association, Inc., ( " A ssocia tion") . day of a Florida corporation , 1989, by not-for-profit PRELIMINARY STATEMENTS A. Association is the master homeowners' association whose purpose it is to administer the Declaration of Covenants, Restrictions, Easements and Liens for Quail Run, as recorded in O.R. Book 5509, Page 198, Public Records of Palm Beach County, Florida ("Master Declaration"). B. Pursuant to the Master Declaration, Association has undertaken the maintenance of "the water management tracts located within or adjacent to the plat of Quail Run, according to the Plat thereof, recorded in Plat Book 57, Page 100, Public Records of Palm Beach County, Florida, which obligations are also set forth in the plat of Quail Lakes West and Tracts 1 and 2, according to the Plat thereof, recorded in Plat Book 50, Page 3, Public Records of Palm Beach 'County, Florida. C. Both of the plats described above ("Plats") include a lake maintenance easement, a portion of which is described on Exhibit "A" attached hereto and incorporated herein ("Subject Easement Area"). D. The Subject Easement Area is no longer required for the proper maintenance of the adjacent lake, adequate access being otherwise available. The lot owners of Lots 1 - 12, inclusive, in Tract 1 of the Plat of Quail Run have requested that the Subject Easement Area be vacated and abandoned by the Association in order, that all or portions of it may be used by such lot owners. to the extent permitted by applicable -zoning and building ordinances of the City of Boynton Beach. E. Subject to the approval and joinder herein by the City of Boynton Beach, Association has agreed to abandon and vacate the Subject Easement Area.. to the respective lot owners across whose lots the Subject Easement Area runs. NOW THEREFORE, in consideration of. the foregoing and of the sum of $10.00 and other valuable consideration: 1. Association hereby abandons and vacates, but only as to the Subject Easement Area, the rights and obligations conferred upon and retained by it under the Plats and grants and quit-claims unto the respective owners of Lots 1 - l~ J in Tract 1, Quail Run, according to the Plat thereof, recorded in Plat Book 57, Page lOO, Public Records of Palm Beach County, Florida, all right; title and interest 'of Association in and to the Subject, Easement Area. 2. The vacation and abandonment evidenced by this instrument is subject to the maintenance by said lot owners of the Subject Easement Area as part of their individual lots in the same manner as the remainder of said lots are main tained. 3. The City of Boynton Beach has joined in the execution of this instrument to evidence its consent to and approval of said vacation and abandonment of Association's rights and obligations in and to the Subject Easement Area. provided that such consent and approval shall impose no obligation upon the City. 'IN WITNESS WHEREOF, Association has executed this instrument the day of , 1989. WITNESSES: QUAIL RUN MASTER ASSOCIATION,' INC., n Florida corporation not-for-profit By: C. J. Hopper, President -' ), ....' .. ' ". .. ~ ~. ;.... ,.... '" _~ ..".. f'-.._...1""~"." "'~,_.__. ,........."'..._...._......... ._.. .,.-......., ........ ...,.L ~T'~ _.... .......-... .. ,,"', ._.... ,~.~ __.... '.iI'. ~ _.:..':.~..I.... . .:....'.....~..;.:'... Y"''''L'-:".J.:..,I:''''&: ';.: ._".r..b-:'2"'~.t.~,~,_\'L ...1'"'0, of "_':'1.'j '"' ~_~~ . ,,' '..,-.' 1I.......... '.... ~ .."a.. ~,". "~.J!:'-.::.e"':l. 1.. ;'C.c..'-~,.:..;;t:.:,f"t..~t:~-" \. ..J'U",,:..~..;.Ij;.. ,. STATE OF FLORIDA COUNTY OF PALM BEACH ) ) SS: ) ~ The foregoing instrument was acknowledged before me this day of ,l989, by C.J. Hopper, as President of Quail Run l\jaster Association, Inc., a Florida corporation not-for-profit, on, behalf of the corpora tion . Nutury Public. ~ 'r A "fl!(")F'""l:"r.umuA My Commission Bxpircs: JOINDER AND CONSENT The City of Boynton Beach, a Florida municipal corporation, joins in and consents to the execution of the foregoing instrument to evidence its consent to and approval of the, terms of said instrument, which consent and approval have been duly adopted pursuant to Dated this day of , 1989. WITNESSES: City ,of Boynton Beach By: 5 TATE OF FLORIDA COUNTY OF PALM BEACH ) ) ss: ) The foregoing instrument was acknowledged before me this . , 1989, by of the City of Boynton Beach, a Florida corpora tion, on behalf of said municipal corporation. day of as municipal Notary Public, STATE OF FLORIDA My Commission Expires: " 4013/21/C39 )1 -2- ~ s.w. 26th N08036'57"W 51.49' LOCATION MAP n.t.s, lOT 1 ~ 0. "., N . j - -- G>~-V- lOT 2 . ~ ~ . N a <3 .... ...., lOT 3 ( IN nET ) lOT 4 (;-\ -\<(-~ lOT 8 ~ ~ . r- . -. W => Z 40' ~ <: "EI~ ~~ ~ 0..... <: o 0::: lL. .-J o Cl ~ lOT 12 lOT 11 A - 6-4"0'0. R - 170,00' L - 189,89. LOT 9 -40' 20' WIDE MAIN SE CORNER s OO"Ol'07.W TRACT "I" )3 SHEET 1 OF 2 ..... CAULFIELD & WHIl:Ic:,.Jffl, INC. Land S....v~yO,.s -Consul t...g Eng"'~~rs 7301/\ \I~st Poh~~tto Pork Raid - SUlt~ 100/\ Boca Raton. norldo 33~33 407 - 3'JZ-I'J'J1 ,.., REVISIONS DAn: 8/24/89 SCALE AS SHOWN DRN.BY DPL CKI),BY MSC ft.D,BK, PACE JOe NO. 1556 (QUAIL RUN ABANDONMENT SKETCH ) . .-~---_. , - # .. .~. .' ~ NOTES: 1. Reproductions of this Sketch are not valid unless sealed with an embossed surveyor's seal. 2. Lands shown hereon are not abstracted for Rights-of-Way, Easements, Ownership, or other Instruments of Record. 3. Bearings shown hereon are relative to Record Plat. 4. The "LAND DESCRIPTION" hereon is in accord was prepared by the surveyor. 5. Data shown hereon was compiled from the Instrument of Record and does not constitute a field survey as such. DESCRIPTION: (Abandonment Parcel). All of that 20.00 foot wide maintenance easement lying along the Northerly line of Lots 1 through 9 inclusive, and the Easterly line of Lots 10 through 12 inclusive, Tract "I", "QUAIL RUN", according to the plat thereof,. as recorded in Plat Book 57, Pages 100 through 102 of the Public Records of Palm Beach County, Florida. Said lands lying in the City of Boynton Beach, Palm Beach County, Florida. Subject to Easements, Restrictions, Reservations, Covenants, and Rights-of-Way of Record. CERTIFICATE: I hereby certify that the attached Sketch of Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction on August 25 1989. I further certify that this Sketch of Description meets the minimum technical standards set forth in rule:21HH~6 adopted by the Florida Board of Land Surveyors, pursuant' to Fforid~' Statutes 472.027. ::.~,'::-~;~:~. .' .---- ,:-. ~g ;-(~;,~" '''''.,--:.'': " ,hJ~t.~ _: M 1:..'-5 <.Caulfield, _ .5. ,:. ~ Re9~ Lar.d~~i'-r\'e.yor\.'461)6',~ ..' StCl't-~-\-oLl,1orida ,-, ..'~ .~- .., '..;: :.'::::':~:~~~EET 2 ~ 2 ., .., CAULFIELD " WHIl."Jc:I,rcrn, INC. Land SU~Y.yo~s -Consult~o CnO~..~s nOIA v.. t Pol...Ho pork Rood - Svtt. 100A Boco H.to... norldo JJ4J:J "07 - J'JZ-I'J'II R~ONS DAl[ 8/24/89 SCAlE AS SHOWN DRN,BY DPL CKO,BY MSC n.o,BK. PACE .W)B NO. 1556 (OUAIL RUN ABANDONMENT SKETCH J ....r:-....... _..,.......~ ._........- --:_-.___ -, _._...__ _'... ~. .... ,._ -; ~..."'_...___ _'ol_~ -. ...-..-, ___ .. ._ ......_~.. y_............. .~ ~... ._.. "'_ . ' . r FROM .; ...., -TO- _. "..,-. -"-~-.~----'-'- ..~-,----.--'-:.-.. Mr. Carmen' Annunziato Planning Director Sue Kruse Deputy City Clerk SUBJECT: "OLO . p&Z~jLMeeting.io-be_he.1.iL:_.lOl10/.8.9 DA TE:---8/301-89 Attached please find a copy;ofa Utility Easement Abandonment Application submitted for Quail Run. Please review and advise of your recommendations for approval or disapproval in accordance with Sec. 22-40(a) of the code. Thank you. RETURN TO . SIGNED Sue Kruse REPLY TO: Sue Kruse, Deputy City Clerk T/ ,. There are several legal issues surrounding .this we have requested a legal opinion from the'City (" . , .' -' appl~cation for which' Attorney (see attached) . - ~ ~ / DATE: 8.30.89 c SIGNED .- 1 "'-~. J .', /7>>",-' Item . F269 Grayarc, P.O. Box ~. Hartford. CT 06104,29<< @ W'-Ier GrouP. Inc, 1982 PERSON ADDRESSED RETURN THIS COpy TO SENDER