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LEGAL APPROVAL " , , RESOLUTION NO. 86- T A RESOLUTION OF '!HE CITY COUNCIL OF THE CITY OF BOYNroN BEACH, FLORIDA, VACATING lIND ABANIX>NING A FIVE (5) FCXJT UTILITY EASEMENT; SAID EASEMENT BEING MJRE PARTIClJIARI,Y DESCRIBED HEREIN; AU'lliORI ZING '!HE MllYOR lIND CITY CLERK TO EXEUlTE A DISCLAIMER FOR SAID EASEMENT; PROVIDING AN EFFECTIVE DATE; lIND FOR arn:ER PURPOSES. SCANNEO .!UN - t 2005 PLANNING AND ZONING DEPT. WHEREAS, Sally Benson, as agent for Humdeco, Inc., owners of certain property located within the City of Boynton Beach, -Florida has requested the abandonment of the hereinafter described easem=nt; and WHEREAS, carments have been solicited frem the appropriate City Departments; and WHEREAS public hearings have been held before the City's ; i: Planning and Zoning Board and Ci ty Council on the profX)sed abandon- !rent; and WHEREAS, based on the foregoing information, said easerrent no longer serves any useful purpose. ii 'II CITY OF BOYNroN BFACH, FLORIDA: 'I NOO, THEREFORE, BE IT RESOLVED BY '!HE CITY COUNCIL OF '!HE Section 1: The City of Boynton Beach, Florida, by and through its City Council, does hereby vacate and abandon for easement purposes a piece of real property located in the City of Boynton Beach, Florida, to-wit: The North 2.5 feet of Lots 27, 28 and 29 and the South 2.5 feet of Lots 22 and 23, Block 2, LAKE BOYN'ION ESTATES PLAT 1, as recorded in Plat BCXJk 13, Page 32, Public Records of Palm Beach County, Florida ... Section 2: The Mayor and City Clerk are hereby authorized and directed to execute and deliver the attached Disclaimer and cause the sane to be filed in the Public Records of Palm Beach County, Florida. Section 3: This Resolution shall take effect i1rmediately upon passage. PASSED lIND AOOPl'ED this L day of ~ /v(7/{ , 1986. ,. A~T: CitY C r tCO~rate seal) " \ \. C1.T'i Or' BO'[Nl'ON BEl"cH, ];'1LllUDA o -< council ~ /d'#~b J; i ~ , - , . DISCLAIMER KNa'l 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 for easement purposes the following described property, situated and located in Palm Beach County, Florida, to-wit: The North 2.5 feet of Lots 27, 28 and 29 and the South 2.5 feet of Lots 22 and 23, Block 2, LAKE BOYN'lON ESTATES PLAT 1, as recorded in plat Book 13, Page 32, Public Records of Palm Beach County, Florida 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 ~ JlIAu&L , day of 198.k. a/.Y.Jao1 (C:I:. N' k Cassandra, Mayor I A'ITEST: II " I' I , ,I I :' City Clerk THE STATE OF FIORIDA COONl'Y OF PAlM BEACH BEFORE ME, the undersigned authority, personally appeared Nick Cassandra Betty S. Boroni , and .... 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 inst.ruIrent, 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 ..:) d- /?b.-t-l"..k ./ , 1986. ,;";'" , \ ' ' day of ~a~./ ,~<T>i;.c<7~/ NOT Y PUBLIC State of Florida at Large My Commission Expires: ,- tbtll:Y r\:~!i(. $t.1tc of f10rida '!,y (Olll:ll:~1li..;.l [.,1'.ltCS hn. 2. 19B9 b~"J~J ~, A,,,~I,....\ I.'. oS. 1.........11. f..omp..Il'f. r RErr,'t".........,D' u,.~._... t' "'JJ. FROM TO Mr. Carmen Annunziato Planning Director JAN I? 1986 PiJl.NNMG DEPT. Sue Kruse Deputy City Clerk SUBJECT: Application for-P&~ MeeUIllj uf-'2/11/86 DATE: 1/16/86 ,."" " P'Ol.D,+, Attached please find a copy of a utility easement abandonment application submitted by Humd~, Inc. Please review and advise of your recommendation for approval or disapproval in accordance with Section' 22-40(a) (1) of the code. Thank you, PLEASE REPLY TO . SIGNED ~<!., <:)~ Sue Kruse REPLY The Planning Department has no objection to the abandonment of this utility easement. DATE: /-;:(/-~( SIGNED ~ Item II F269 @ Wheeler Group Inc. 1979 THIS COPY FOR PERSON ADDRESSED ~ C1iirllp C\'3. ~enSiJn ATTORNEY AT lAW RECEIVEfO / JAN 1 S 198~ SUlE 205 . FORUM III . 1675 PALM BEACH LAKES BOULEVARD PLANNING OEf)r. v.ESTPAJ,MBEACH,FlORIDA33401 (305) 683-5582 January 10, 1986 Mr. James J. Golden Assistant City Planner City of Boynton Beach 120 N.E. 2nd Avenue Boynton Beach, Florida 33435-0310 Dear Jim: Enclosed please find the following: 1. A revised drawing of the property that is now to be abandoned under our request for abandonment; and 2. A legal description of the property to be abandoned. Also, as I indicated to you, there was an error made on the part of Gold Coast Title Company when they prepared the Warranty Deed into my client, HUMDECO, INC. from Mr. and Mrs. Wyckoff. My client is sending~olne a copy of the title policy which I will immediately forward to you showing that, in fact, that property was to be included at the time of conveyance. If there is any problem with a corrective warranty deed being recorded within the next few days, my office will advise you. If you have any other questions, please feel free to be in touch with me, otherwise I will assume that the advertisement will be scheduled as you previously indicated. Very truly yours, '1 -<f~{?(~(,~ ?\~Ju Sall~S. aenson l~ SSB:cg Enclosures , , MEHORANDUM January 14, 1986 TO: Betty S, Boroni, City Clerk FRO/oj: James J, Golden, Assistant City Planner RE: Humana Medfirst - Parking Lot Variance and Abandonment Requests Accompanying this memorandum you will find the following: 1. Legal description of proposed five foot abandonment of utility easement. 2. Map showing proposed five foot abandonment of utility easement. 3. Letter concerning problem with missing warranty deed for east 1/2 of lot 28 and lot 29. Please note that a copy of the revised warranty deed will be submitted to your office upon submission to the Planning Department, In the meantime, please proceed with these requests including ad- vertisements for the public hearings, Thank you. ~ ). A-e4 .lame"s J, Golden flat Attachments. 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, FeRruary 11, 1986, at 7:30 P. M. to consider'an application td'ABANDON a utility easement s~pmitted by Sally BensoRI Agent,~or Humdeco, Inc., owner, on the parcel of land m9re particularly described as follows: The North 2.5 feet of Lots 27, 28 and 29 and the South 2.5 feet of Lots 22, 23', Block 2, LAKE BOYNTON ESTATES PLAT 1, as recorded in plat Book 13, page 32, Public Records of Palm Beach County, Florida. ALSO A PUBLIC HEARING will be held by the city Council of the city of Boynton Beach on the above request on Tuesday, February 18, 1986, at 8:00 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 Council 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. BETTY S. BORONI CITY OF BOYNTON BEACH aa PUBLISH: THE POST EXTRA January 26 & February 2, 1986 r .OM . t 10 -, Mr. 'Tom Clark City Engineer Sue Kruse Deputy City Clerk ~ POLD ~ "-1 SUBJECT:__, Application for P&Z Meeting of 2/11/86 .-DATE: 1/16/86 Attached please find a copy of a utility easement abandonment application submitted by Bumdeco, Xnc. Please review and advise of your recomxnendation for approval or disapproval in accordance with Section 22-40(a) (1) of the code. Thank you, -, RETURN TO = =.REPL Y DATE: . SIGNED 'L -- r. -" .. Sue Kruse SEE MEMO ----.-...~_......_.- -...'""""- SIGNED Item' F269 @ WheeJ8f Group Inc. 1979 PERSON ADDRESSED RETURN THIS COPY TO SENDER I, / t' ,. '}...L i / 'i'd' "i .',-.'__,~C,.,-, J C!ffjt;;e of the C!~.~ r:,'rk rlty of BJYlltor. tc ~;;h 2, 0, Box 310 [ioynton Beach, ficri~"l o m m I.f1 -D Cl -D 00 4 C Q ::E - co !a1 ::IE: l:8 52 1/,...1) ':'A-\~/ '~' "I ,~ ) N -D -D -l 0... o ru 00 ::r ro "-; ./'-' ';'~:;'~ "'~l~"~~ , .. .."'JiJJ EASEMENT DEED ,) --,., ~ -1('\"" .i \ .i'~~./'" /7Ii- . "V- I " r;"./.:~..; ;,,~ UEPf. day of h..l1ldld~ THIS EASEMENT, made this 19 86 ,be twee n HlIMDECO. INC. as party___ of the first part, and the CITY OF BOYNTON BEACH, in the State of Florida, as party of the second part, WITN~SSETH: That the said part___ of the first part, in consideration of the sum of One ($1,00) Dollar and other valuable considerations paid, the receipt of which is hereby acknowledged, hereby grant unto the second party, its successors and assigns, a perpetual easement and right-of-way for the purpose of a lIrilit-y ___,_____ easement, over, upon, under, through and across the following described land, situate, lying and being in the City of Boynton Beach and State of Florida, to wit: "PROPERTY MORE PARTICULARLY DESCRIBED IN SCHEDULE 'A' ATTACHED HERETO AND MADE A PART HEREOF." TO HAVE AND TO HOLD THE SAME unto the second part, its sUSfessors and assigns forever, IN WITN~SS WHEREOF, said part~ of the first part ha~ hereunto set if!;.. handts) and seal (s) the date first above written. Signed, sealed and deliv~red in the presence of: I . a n ^ / I f, i /' /", J, . ,_ <.[left,.. t /( (ii?1.i,~, '(<'(SEfoL) Mlce l'reSldent. '~~, .'.... . umdeco r Inc. ~", ' , '.. ,'(SEAL) '1~ ,th...-/ a.L , ( I / /,/('J/L ,,/ ,J',,:.'((' State of --..... T.. N' '.::::- c , Int.n,.... ?. ... Cl.~~rlGrl41 , ". Kentucky Count of Jefferson Before me personally appeared Michael A, Hendricks to me well in and who me that known and known to me to be the individual (s) described eX2cuted the foregoing instrument and acknowledged before he executed the same for the purposes therein expressed. January WIIN~SS my hanj and official seal this , 19~6___ day of 28th (NOTA.RIAL SEAL) l7, ,// " {/....,:, ' / ;-;1 {/;"---""",, ((j/ (. !~t~( iGU,=) .y:',yU::, ~~\--" Notary Public in ,,-nd:for th8 County and State df0~~~aid: :~J.I~J My Commission Expir~s: This Instrument ~ared bY:, NotaryPuHir,SmcatCargc,KY Sc; I~ ':;,.~ ,,,",:.(.."j{ <.. ~'-... _ 'vlvj"mm,,,',,n.::p'tc., SCf't. 27, lq~ 1&7~ .,hl,,, &a.C'';l .,!c,.<;'-s 3/Jcf 'fr"20" i/.)eW' '{-'o(,'J1 73e?Lci,.&/. B-0..:.J/ 6. That the following grounds and reasons are submitted in support of this application: Move the public utility easem=nt to allow for building p1acem=nt DATED: 12/16/85 APPLICANT(S) NAME (PLEASE SIGN) ADDRESS Hurndeco., Inc. Hurndeco, Inc, By,~ ""","",,11 , , I. 4fRM'" (j) VP Vice President 500 West Main Street P. 0, Box 1438 Louisville, KY 40201 STATE OF R/IJC/JnWf. KENTUCKY COUNTY OF /Il1f..'f..W /I!JfN4Y JEFFERSON 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 Abandon/ Vacate; that they have read the same and that the facts therein set forth are true and correct to the best of their knowledge. ~H~~-<;) NOTARY PUBLIC,/Stat of fF/:ji'1'f.Ai'li'f KentUCkY' My Commission Expires: Notary PuHic, State at urge, KY My commission expires Sept. 27, 1989 MEMORANDUM 19 December 1985 TO: Betty S. Boroni, City Clerk FROM: James J. Golden, Assistant City Planner RE: Humana Medfirst - Parking Lot Variance and Abandonment Requests Accompanying this memorandum you will find documents related to a request for the following: 1. Parking Lot Variance - Section 5-141 (g) (3) 2. Abandonment Application - Utility Easement Also enclosed is a check for $300 to cover the cost of the Parking Lot Variance and Abandonment application fees. Please advertise these requests for a public hearing with the Planning and Zoning Board for the February 11, 1986 meeting. In addition, please advertise the Abandonment request for a public hearing before the City Council at the February 18, 1986 meeting. Thank you. ~t. 4flL Golden flat Attach. 1,,/.,. .~ , . f " . ) ~ .-:: " .' _J , 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 Dept. (3 copies of application required) PROJECT NAME: Humana MedFirst, Boynton 'Beach, Fla. AGENT J S NAME: Sally Benson ADDRESS: 1675 Palm Beach Lakes Blvd, West Palm Beach, Fla, 33401 PHONE: 305/683-5582 OWNER I S NAME: (or trustee' s) ADDRESS: Hundeco, Inc. - Atm: Mary Ann Clark 500 West Main Street, P, 0, Box 1438 Louisville, Ky, 40201 PHONE 502/580-3748 PROJECT LOCATION: North side of N.W. 1st Avenue (not legal description) CORRESPONDENCE ADDRESS:* Sally Benson (if different than agent or owner) 1675 West Palm Beach Lake Blvd, West Palm Beach, Fla, 33401 * This is the address to which all agendas, letters and other materials will be forwarded. ...., ~ ....\ 6-29-78 APPLICATION TO ABANDON/VACATE 1,;;4 The undersigned, pursuant to Ordinance No. 76-27 of the City of Boynton Beac~, Florida, hereby applies to the City Council to vacate, abandon, and discontinue the, (check one) : ( ) ALLEY ( ) STREET (X ) SPECIAL PURPOSE EASEMENT ( ) OTHER NONFEE INTEREST OF THE CITY as described in attached Exhibit "A", and to renounce and disclaim any right of the City and the public in and to any land in connection therewith. Said application is to be filed with the City Clerk in triplicate and applications involving more than one of the above listed nonfee interests shall be filed separately. Each application 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, including 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) : Recorded in (X ) DEED ( ) DEDICATION ( ) PRESCRIPTION Noven:ber 1, 1985 Book 4696 636 & , Page 637 , 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 Council of the City of Boynton Beach, Florida; is not a part of any state or federal highway system; and was not acquired or de~icated 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 Sf-Eo IrTTHtI E!J lllL. "~ ,.~- ..,t.-, ;1.. 6. That the following grounds and reasons are submitted in support of this application: Move the public utility easement to allow for building placement DATED: 12/16/85 APPLICANT(S) NAME (PLEASE SIGN) Huroeco. Inc. ADDRESS By; Hu:ndeco, Ine, 500 West Main Street P. 0, Box 1438 Louisville, KY 40201 STATE OF 1tJ:irtt'tJN KENTUCKY COUNTY OF p~/sEWdH ~RSON 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 Abandon! Vacate: that they have read the same and that the facts therein set forth are true and correct to the best of their knowledge. ref dHcJ/ft4'f~ NOTARY PUBLIc,/State of ?L ~~~, KentuCky My Commission Expires: Notary PuHic. Srat~ at Large. KY 89 My commission e"P'res Sept. 27, 19 , ' " ' , , ,', ' ..~:~. . -~"--'-"''-''-='-''--=-=--~~~-~'''---'''-------~'--'---- MEMO - REPLY February 5, 1986 TO: Sue Kruse Deputy City Clerk FROM: Tom Clark City Engineer RE: Abandonment Application Forwarded herewith are written comments concerning the subject abandonment request received from Florida Power & Light and from Florida Public utilities as follows: Letter of January 29, 1986 from Florida Power & Light Letter of January 23, 1986 from Florida Public Utilities The telephone company has an underground telephone line in the subject easement and an agreement will be worked out with the owner. The easement re~uirements for the City Utility Department are being arranged with the owner. Predicated on an agreement for the relocation of the telephone line, I have no objection to the abandonment request. y~. - ~ --.. 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