APPLICATION
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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.
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APPLICATION TO ABANDON/VACATE
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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):
(
(
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X )
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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(!
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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
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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.
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My Commission Expires:
Notary Public, State 0.' Rorida
My Cormni"nion Expires Feb. 16, 1991
Ionded llHU troy Fain. Insurance hu:.
6-19-87
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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
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017 17 Aspen Court
Dan & Judy Marvel
018 18 Aspen Court
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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
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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
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STATE OF FLORIDA
COUNTY OF PALM BEACH
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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
)
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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:
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4013/21/C39
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s.w. 26th
N08036'57"W
51.49'
LOCATION MAP n.t.s,
lOT 1
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lOT 4
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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"
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SHEET 1 OF 2
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Land S....v~yO,.s -Consul t...g Eng"'~~rs
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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 )
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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
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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
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FROM
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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
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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
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appl~cation for which'
Attorney (see attached) .
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DATE: 8.30.89 c
SIGNED .- 1 "'-~.
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Item . F269 Grayarc, P.O. Box ~. Hartford. CT 06104,29<<
@ W'-Ier GrouP. Inc, 1982
PERSON ADDRESSED RETURN THIS COpy TO SENDER