LEGAL APPROVAL
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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.
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'II CITY OF BOYNroN BFACH, FLORIDA:
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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.
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CitY C r
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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
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day of
198.k.
a/.Y.Jao1 (C:I:.
N' k Cassandra, Mayor
I A'ITEST:
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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.
,;";'"
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day of
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NOT Y PUBLIC
State of Florida at Large
My Commission Expires:
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'!,y (Olll:ll:~1li..;.l [.,1'.ltCS hn. 2. 19B9
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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
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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
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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
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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
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Sue Kruse
SEE MEMO
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SIGNED
Item' F269 @ WheeJ8f Group Inc. 1979
PERSON ADDRESSED RETURN THIS COPY TO SENDER
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C!ffjt;;e of the C!~.~ r:,'rk
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2, 0, Box 310
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EASEMENT DEED
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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 ^
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. ,_ <.[left,.. t /( (ii?1.i,~, '(<'(SEfoL)
Mlce l'reSldent. '~~, .'.... .
umdeco r Inc. ~", ' , '..
,'(SEAL)
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State of
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Cl.~~rlGrl41
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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)
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((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.
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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.
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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.
...., ~
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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
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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
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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.
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Attach.
cc: Jim Golden, Planning Dept.
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