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LEGAL APPROVAL DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Bulen! I. Kastarlak, NCARB Director Building Planning & Zoning Engineering Occupational License Community R,edevelopment September 23, 1998 Mike Bauer 617 NE 8th Ave. Boynton Beach, FL 33435 Re: File Number: Location: Lakeside Addition Resolution #R98-145 811 North Federal Highway Dear Mr. Bauer: Enclosed is The City of Boynton Beach Recorded Resolution No. R98-145 regarding the City Commission's September 4,1998 abandonment approval. If you are in need of any additional assistance, please do not hesitate to contact our office at (561)742-6260. Sincerely, -)tv-~ 7~ Michael W. Rumpf Acting Planning and Zoning Director MWR/jrna J:\SHlIDATA\PLANNING\SHARED\WP\CORRESP\ZONV ARJF\LAKESIDE RESOLUTION,DOC A~ma~~rew~roffle~~"Um 100 East Boynton Beacb Blvd., P.O. Box 310 Boynton Beacb, Florida 33425-0310 Pbone: (561) 375-6260 FAX: (561) 375-6259 :-J s:- f'!" r3altttd3rtS:-O~.,s ';'rilHd;ti~"bG ,,>c, , ni",},J~ " , . ..~~~"t ~S ~"~dt~,, ' " " " . #.:"1/2:1"39$ J.."t ~ / :1 '>' \ .Jr- , _ ~(rl:L4)i4Y' crdtJ. ,J;. 7;1 ::fl. ~ -,~a-B;;r:sz ~+ =t -a ;!.~pJPoL-~ \ Oafr ~.~ ...~.; ")if ~ "t' ,,9d JJ.- . ~ ~ .'J "'\ 5~~ '.f!%713;!W. Z,Z..r i.. ~ 01 t;J9. J.I-:I~-~ gn.$~ f-;JvJOH ~ddf;itfJJt 4' . 4 .." '.. ;;."C>t...,' , 'ffl' h" . .~~. ;,; .. ,,~, .i!' ,.,":\ .~: . . .~''::. .' "t.;tt.'.,# \ ....~--t'~ ,,~, ,-, ~. ".. f4t"'" ~ ~. : A6'~~~ J.MfJIO.. ",..~'ic1, ' ,! :;,ras~c1 '.:~. . .' - ~ " · r' . ' ." , ' , NMOJ.)Il:fOA Lr -;~ ~~~"..~ ~S kt. svAt/9. ~tf;S€ , ~~- ~..~ t"+ 1~1JP ~- " ...- __r'tt.:E' ~~ OQ10-~H -, .. -I :/): " .., <!, qopi!lJJI ~~ . "", ~ . , .. ri'U i'r ~, I~ . .. {Ii . .Oftl .,p ..0 .. q,{lt,o .. '-1" /(1" ~~"''''11'ti.o\-' 4 .. <i :.. 5 ~" .. 00' ",- ~ ',A /'"A ~> ~ I' /.i.,A WY IvO\1'E\S,,\'ESlll'l ..?~"a~allla\l,'" 'Q\:IO'\1\:1 \Ila\lln~? \0 k\\\\<\\Uai',O~1~ 13,\:11 - 0pL- ~ lid S;;~90~ a~O 3 10635 Pg 1791 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, vacate and disclaim a 20.18 foot wide alleyway westerly of and adjacent to lots 12, 13, 14, 15 and 16, less the east 17 feet of lots, Block 1 of the Lake Addition, a subdivision of Boynton Beach, according to the plat thereof on file in the office of the Clerk of the Circuit Court, in and for Palm Beach County, Florida in Book 11, Page 71 of the Public Records of Palm Beach County, Florida. The City of Boynton Beach acknowledges that the City of Boynton Beach has no present need or intention to use said alleyway; and that the said alleyway to be abandoned no longer serve any useful purpose. IN WITNESS 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.d day of September, 1998. ATTEST: CITY OF BOY ON BEA H, FLORIDA ~~~J ~ zanne Kruse, City Clerk .\\\1\111111111/11. ~", v "ll ~' ~o N~O ~ Sol( .......... ~ ~ ~ ,';:o,,"poi'lf'" ~ '*' "'" ~ l;;!:V *.~'" :: I- :...... 'd\ .,. :::. ~ (3 f : 0 ~ =' 1:r: ::: % \1920) f ~ .... ... ~ ~ J::-. ........ *' %'11 (ORIO'" "~ 111"""I1U1"\\" 3 . " r..QB 10635 Pg 1 792 I I 'I STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared GERALD TAYLOR 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 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 County this ..; day of September, 1998. Yn.~ NARY PUBLIC, State of Florida My Commission Expires: ;!~0'{;-- , ~ ," );~/ . ........".:;:.;,;.. ~'!';~_..."":'!_~. 'RAINITO .'iUN' CC 753915 " Auaus! 27, 2002 , NoW)' Public Undenmtlrs J S:ca\disclaimenlal<e Addltlon . Bauer 4 . MEMORANDUM 'I-o'l ~ ;,~ i~ ~ ':; I~ f: < ~~r-~';~-51998 ._~:~; I '...--~_~_.n__ ~..__.. '.'.'''''' j' 1'0: BULENT KASTARLAK, DIRECTOR OF DEVELOPMENT FROM: SUE KRUSE, CITY CLERK DATE: SEPTEMBER 14, 1998 RE: EASEMENT - ROSA A. BAUER AS TRUSTEE Attached please find a copy of the above mentioned easement which was recorded at Palm Beach County on September 4, 1998. ~{;~,~ C: Engineering Planning Utilities mas j :\shrdata\cc\wp\memos\kastarlak.doc cJ:-~lf',Jr ;~~ p .J{' C. 1 0 Sep-84-1998 88:34al 98-346654 ORB 10620 Pg 1667 Con 18.88 Doc 8.78 1~~lnm.U..nm~I."."n~ll. EASEMENT THIS INDENTURE made this day of ,AD,,199 , by ROSA A. BAUER, AS TRUSTEE U/A DATED JUNE 18, 1991 , 630 East Ocean Avenue and having ils principal place of business at Boynton Beach, FL 3343;5 1/ first part, to the (::ity of Boynton Bcach~ a political subdivision of the State of *100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Florida, second party: (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: PCN ~K' - Y'3- '-IS: ;U-3;)'" - tJ,,/- ./~ /~ /t " Legal Description: "That portion of 20 foot dedicated alleyway lying West and adjacent to Lots 12, 13, 14, 15, and 16, Less the East 17 feet of said lots, Block 1, LAKE ADDITION, accord- ing to the Plat thereof on file in the office of the Cl:rk of the Circuit Court in and for Palm Beach County, Flor1da, recorded in Plat Book 11, Page 71. and, I 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 . ~n.-1 ~ . .., 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. , ' L .1 10620 Pg 1668 IN WITNESS WHEREOF, the first party has caused these presents to be duly executed in its name and its corporate seal to be hereto al1ixed, attested by its proper officers thereunto duly authorized, the day and year first above written. Signed, sealed and deli vered in the presence of: I [ BY: &a"~J)A-- OSA A. B UER, AS TRUSTEE I J J -e-c-- / 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 acknowledgments, personally appeared ROSA A. BAUER, AS TRUSTEE U/A DATED JUNE 18, 1991 well known to me to be named as first party in the foregoing Easement and that she severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily, wlder authority duly vested in her. WITNESS my hand and official seal in the County and State last aforesaid this 20th day of Auqust A.D., 199~. ,\\.,11111111;0" ~ /~~~a.~~~\, liutL~diV2AJ&-- $ ..QS~14".9.~' '$. r/ ~* it 'il .... Ii> 't>\*~ otary Public in and lOr ~he ~,,\ #CC469957 ;~~ Stale and Cowlly aforesaid. -='9.-. . '.ffi~ ~~'. ~4Jnd'd~~\""-~ ~ ~4:'. I)'n-lro..~t...f.<~.~. ""'I,leiiC:51~'\Cl\,\oS' My commission expires: 06-14-99 'I()IJ,IIII:l\\\~" ,\ S': ATE OF FLORIDA r-1 1. 136213 Pg 1. 669 COUNTY OF PALM BEACH EASEMENT For and in consideration of TE N dollars ($ 10 . 00 ) and other good and valuable consideration, the adequal.:Y and receipt of which is hereby Jl..:kl1owlcdgcJ, the undersigned owner(s) of the premises described below, hereinafter referred to as Grantor, dotes) hereby grant to UELLSOUTII TICLECOMMUNICA- nONS, INC., a Geurgia corporation~ its licensees, agents, successors, assigns, and allied ano associated companies. hereinarter referred to as Grantee, an casement to construct, operate, maintain, .H.h..l, and/ur remove such systellls or cUllllllunicaliolls, l~lciliLics, ur related services as the Grantee Illay from time to time require UPOIl, over: and U1H..Icr a portion ofthe lands described in P la t Book 11 page 71 Palm 13each County, Florida, Records, and, to the fullest extent the grantor has the power to grant, upun, over, along, and under the roads, streets. or highways adjoining or through said property, The said easement is Illore particularly described as follows: *326 Fern Street, West Palm Beach, FL 33401 All that tract or parcel of land lying in Sectiun 22 , Township 45 S , Range 43E Meridian, PALM BEACH County, State of Florida, consisting of a (strip)(parcel)ufland 'Irhat portion of 20 foot dedicated alleyway lying West and ad4acent to Lots 12, 13, 14, 15, and 16, Block 1, LAKE ADDITION, according to the Plat recorded in Plat Book 11, Page 71, Public Records of Palm Beach County, Florida." The following rights are also granted; the exclusive right to allow any other person. firm, or corporation to attach wires or lay cable or conduit or other appurtenances upon, over, and under said easement for cumnl'unicalions ur electric power transmission or distributiun; ingress to and egress from said easement at all times; the right, but not the obligation, to clear the easement and keep it cleared of all trees, undergrowth, or other obstructions; the right, but nut the obligation, to trim and cut and keep trimmed and cut all dead. weak. leaning, or uallgerous trees or limbs outside tlte casement which might interfere with or fall upon the lines or systems uf communication or power transmission or distribution; and the right to relocate said facilities, systems of communications, or related services on said lands to conform to any future highway relocation. widening, or improvements. To have and to hold the above granted easement unto BellSouth Telecommunications, Inc" its licensees, agents, successors, assigns, and allied and associated companies forever and in perpetuity, Grantor warrants that grantor is the true owner of record of the above described land on which the aforesaid easement is granted, SPECIAL STIPULATIONS OR COMMENTS; The following special stipulations shall control in the event of conflict with any of the foregoing easement: Preparer's name and address: (Return document to the BellSouth address on back) L. F. MAYERNIK 326 Fern Street, Room 500 West Palm Beach, FL 33401 In witness whereof, the undersigned has/have caused this instrumcnllo be execuled UII lhe Auqust 1998, 1.0620 Pg 1.670 20th day of Signed, sealed. and delivered in lhe presence of: ~'rs , (jA -IP,I~, . tliess (./PI;:r1t!- / ~ Owner: ROSA ;;. ~~~ TRUST;~S UIA DATED JUNE 18, 1991 L.S, Owner: State of Florida County of PALM BEACH I HERE13Y CERTIFY that ROSA A. BAUER, AS TRUSTEE personally appeared before me and acknowledged that helshe was the same, The foregoing instrument was acknowledged before me this 2 0 th day of August 1998 ,by ROSA A. BAUER, TRUSTEEwho is personally known to Ille or has produced pe r son a II y kn own as identilication and who diJ/did not take an oatil. WITNESS my hand and official seal in the County and State last aforesaid this" Auqust 1998 20th day of CAROL WALLACE Print Name \\\~\lllltlll'l/lt ~\\,\ ()l. WAL1 A 11111. ~'f?.~ .......';'"iC""","Z ~ <:J..:~~\SSIONl::..~' ~ ,... .~",. "'..0.' g ..~G~~tU".9.9.~.. ~ .: ::::: ':> ;p <f'\ ;: =*. 0'."'" .*= ~~\ #CC469957 j~~ ~~... l: 6'on'.n\'fl'~ f.""",{f~ :.'.'L'> .. "'0.. ,~~ .LV ~ ~-T)- ......Fain_\l1';\i...~, *' ~/."OUfl.......~t() ~\~ 1111 vUe 51 ~ \ "" 111'11""'1\1\\\\ C~f~f//( )II~I! ~,~ I y Public /' CC469957 Commission Number: My Commission Expires: June 14, 1999 Grantor's Address: Grantee's Address: 630 East Ocean Boynton Beach. Avenue FL 33435 BellSouth Telecommunications, Inc, L. F. MAYERNIK 326 Fern Street, Room 500 West Palm Beach, FL 33401 TO BE COMPLETED BY BELLSOUTH TELECOMMUNICATIONS. INC, District WireCelller Authority Drawing Localion Plat Number RJW Number Approval Title . 1 to: tenclose sell_addressed stamped envelope) .ss: d4-- I P" h'" ,-; 50 ' ,,#,~~t1L\ "f.' .,' JI; ,.t \,\~ l\, ~ .~ ~ ..r" ~, t' .,00- ~ . ..., '70/-\0 'l 1 !- ~ ~' ,~ ~ .. ~ 7 ",. I #0 I~ ,It} ~ - - II. , u,-b -J/'ol/ ' 09- .. ,.c.. . \ lJ' ~'~ t~ tI/, , .. ., ~a 7 '.j. ~ ~ ~ ~ .p,. ORB 1. eH:.e0 Pq 1. 671. nQRQ1~1 ~. ~lL~E~, CLER~ PB CQU~i1, FL t"'V ' ~ 'ZJJ~~PP.>' UOME:.- I L\~ ~SV8 ti-_~.Nc;...P'Pe 10 ~, ,*,2~ JKc.tJl.,'f:,~E ~~~ \\~ n-<< IT q t1 .. ~J . pe',Z '>-..4& ,fr., 2Af f/iE-e..J(..& ,ADO \ ' ,,~~1$OfC.-wJ!aEc , --""F~-gp~r'-ADJ:) ...,.. .' ' , \ ,,<v~7 g1)eEJ:2~ ~.I s~ ')..~~}J?E.' E. - ; sfv ';8f1.Il"EP7::ilV:i' '1=1/ , . s~:3.0~I-lEfl~1l.rl FJ , ! 3[~ ...~ R,fJl)fOG .. '1/'/;;, (,; . .,51 J' . ~~ .,~-rg(Jj ~GJ ~~ 3~'~~ s} ~ EARll. 'F#/tfMS ,~ t;..,'" ~ "SI,....lf',"JN~ OJ'" -~ Sf 37 YOaKTOWN .. ~ ~ ~~ o-~ ~~ ',Q - '~2 :' ' ' , 'i ..~~ ) o ~ ..,. .! ' ~ ~ ',' ..~. l?AitGE~~ . ( '" '" ' :, .. .. ~lPElt~ ~,~::Q"r ~ a:. -' " o " ~ ~'~"" ., ---- -- ~--- I ~ : ,.,.tt"~ .' .....'~'" I'.~ ' '!;.' i,' . . . . . ,~l':~, '" ,",'~..,'.. ' , ' ,'1.<. .'{ DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning BuJent I. Kastarlak, NCARS Director Building Planning &: Zoning Engineering Occupational License Community Redevelopment August 21,1998 Mr. Mike Bauer 617 N.E. 8th Avenue Boynton Beach, FI 33435 Re: Lake Addition Alley Abandonment (Bauer) File Number: ABAN 98-005 Location: 811 N. Federal Highway Dear Mr. Bauer: Enclosed is the City of Boynton Beach development order regarding the City Commission's August 18, 1998 approval of your request, regarding the above property. Should you have any questions regarding this matter, please feel free to contact this office at (561) 375-6260. Sincerely, -/l.jU ~crL- Michael W. Rumpf Acting Planning and Zoning Director MWRmjm Attachment cc: Central File J:\SHRDATA\PLANN1NG\SHAREO\WP\PROJECTS\lAKE ADDITION - BAUER\DEVELOPMENT ORDER MEMO. DOC America's Gateway to the Gulfstream 100 East Boynton Beach Blvd., P.O. Box 310 Boynton lIeach. Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 DEVELOPMENT ORDER OF THE CITY COMr",SION OF THE ';ITY OF BOYNTON BEACH, FLO,,"DA ~.. Ct:!c.~ PROJECT NAME: Lake Addition alley abandonment (Bauer) APPLICANTS AGENT: Mike Bauer 1m ~ @ APPLICANTS ADDRESS: 617 N.E. 8th Avenue, Boynton Beach, FL 3343f f" DATE OF CITY COMMISSION PUBLIC HEARING: August 18,1998 Ii' . L-.-. rs U ~c co ' , '-' \'ii I' r ) . ) TYPE OF RELIEF SOUGHT: Alley abandonment LOCATION OF PROPERTY: 811 N. Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. r _, ,"'" :';; ,.:D ",.--..- THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above, The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant LHAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3, The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit 'C" with notation "Includiid", 4. The Applicant's application for relief is hereby L GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5, This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other >\\\\\lIIIII/1/t/// ~<< ~OYNro ~II~ ~} o~ "'~OR','" d> ~ ~ .0 Q 11~ ~ ~ .::: ~ ..~ ~~ ". ~ : I- {-..: '0 "'0 S - -. - =c.>i :r= ~ \ S - ':1-920 ;:: ~ -... ~ ~. ~ ~ ............ *' ~"tll/...LOR\O" \\\~ ~1//tI/""I1\\\\\~ DATED: ~o2I/~.e ~~~>~<U/ City Clerk J:\SHRDATAIPlanning\SHAREDlWPIFORMSlDev. OrdersIDEVELOPMENT ORDER REV,doc EXHIBIT "C" Conditions of Aooroval Project name: Lake Addition alley abandonment (Bauer) File number: ABAN 98-005 Reference: Aoolication dated June 9. 1998. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESlERlENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Record an easement satisfYing perpetual access requirements of both X Bell South and the City of Boynton Beach Utilities Department. Access To said easement shall remain unobstructed unless otherwise approved by Bell South and the City of Boynton Beach Utilities Department. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. NONE. X ADDITIONAL CITY COMMISSION CONDITIONS 3. Ta ee .!I~t~...u~uell. NDN4'F s/ __~_____c