LEGAL APPROVAL
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Sep-14 03:21p. '38-358015
ORB .. ~635 Pg 1 '782
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ORDINANCE NO. 098-~~-
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING ABANDONMENT OF CERTAIN
UTILITY AND DRAINAGE EASEMENTS CONTAINED
WITHIN BLOCKS 16 AND 18 OF, AND DEDICATED
''TO THE USE OF THE PUBLIC", BY THE PLAT OF
GOLFVIEW HARBOUR 2ND SEmON; BEING
MORE PARTICULARLY DESCRIBED HEREIN;
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A DISCLAIMER FOR SAID
ABANDONMENT; PROVIDING THAT THE
ATTACHED DISCLAIMER BE RECORDED IN THE
PUBLIC RECORDS OF PALM BEACH COUNlY; AND
PROVIDING AN EFFEmVE DATE.
WHEREAS, the City of Boynton Beach, has requested the abandonment
of certain utility and drainage easements contained within Blocks 16 and 18 of,
and dedicated "to the use of the public" by, the Plat of "GOLFVIEW HARBOUR
2ND SECTION", recorded in Plat Book 27, at Page 47, the captioned Plat being a
partial re-plat of the latter Plat, and returning said Blocks 16 and 18 (as well as
other lands) to acreage; and
WHEREAS, the said Blocks 16 and 18 were replatted as, and are
included entirely within, aforesaid Tract 4; and
WHEREAS, comments have been solicited from the appropriate City
Departments, and public hearings have been held before the City's Planning and
Development Board and the City Commission on the proposed abandonment;
and
WHEREAS, based on the foregoing information, and the fact that there
was never any construction of utility or drainage fa,,;lities within the easement
areas shown upon an earlier Plat, lying within said Blocks 16 and 18; that there
was never any use of said easement areas for such purposes and the City of
Boynton Beach has no present need or intention to use said easements; and the
said utility easements to be abandoned no longer serve any useful purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
by and through its City Commission, does hereby abandon and vacate utility and
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OR'" .....0635 Pg 1783
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drainage easements lying in all of block 18, together with the utility easement
lying between lots 35 and 36, and drainage easement lying between Lots 28 and
29 in Block 16, located in a portion of the plat of "Golfview Harbour 2nd Section",
as recorded in Plat Book 27, Page 47, and recorded in the replat of Golfview
Harbour 3rd Section, as recorded in Plat Book 30, Pages 119 and 120, of the
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 same to be filed in
the Public Records of Palm Beach County, Florida.
Section 3. This Ordinance shall take effect immediately upon passage.
FIRST READING this ....aL day of #~ , 1998.
SECOND, FINAL READING AND PASSAGE THIS ~ day of
September, 1998.
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crTY OF BOYNTON B~H, flORIDA
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Mayor /-'\ ' ,
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Vice May
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ommissioner _
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Commissioner
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ORB 10635 Pg 1 785
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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 all utility and drainage easements
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I : contained within Blocks 16 and 18 of, and dedicated "To the use of the
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Public", by the Plat of Golfview Harbour 2nd Section, recorded in Plat Book 27,
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, I at Page 47, the captioned Plat being a partial re-plat of the latter Plat, and
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I i returning said Blocks 16 and 18 (as well as other lands) to acreage; said
Blocks 16 and 18 were replatted as , and are included entirely within, Tract 4;
The City of Boynton Beach acknowledges the fact that there was
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i i never any construction of utility or drainage facilities within the easement
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areas shown upon an earlier Plat, lying within said Blocks 16 and 18; that
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: : there was never any use of said easement areas for such purposes and the
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City of Boynton beach has no present need or intention to use said
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easements; and that the said utility easements 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
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of the City this ,/ day of September, 1998.
ATTEST:
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cm OF BOYNTON BEACH, FLORIDA
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ayor
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ORB 10635 Pg 1786
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
I' 4 day of September, 1998.
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TARY PUBLIC, State of Florida
My Commission Expires:
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411. "'-;;"~"""" JANET M. PRAINITO I
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, -'!.~.....<t-<. Bor,ded 1h," Notary Pubiic Urdolrw;".rs I
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S.ca\disdaimer\Gottview Harbour
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MEMORANDUM
TO: BULENT KASTARLAK, DIRECTOR OF DEVELOPMENT
FROM:
SUE KRUSE, CITY CLERK
fD)[~ @n\'H,m,nli
[J1) SEP 2 2 1998 ' ~
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Pz~4y.ii~~~~gE~f?
DATE:
SEPTEMBER 21, 1998
RE:
RESOLUTION #R98-145
AND
ORDINANCE #098-35
Attached please find copies of the above mentioned resolution and ordinance which were
approved by the City Commission on September 3, 1998.
~~
C: Engineering
Planning
Abandonment file
Subject file
mas
j: \shrdata\cc\wp\memos\kastarlak.doc
DEVELOPMENT -~DER OF THE CITY COMMISSIO~, OF THE
CITY "F BOYNTON BEACH, FLORIDA
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PROJECT NAME: c.G~';fview Harbo~~~ Section Plat
, APPLICANT'S AGENT: City of Boynton Beach
APPLICANT'S ADDRESS: 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435
DATE OF RATIFICATION BEFORE CITY COMMISSION: SePtember~998
TYPE OF RELIEF SOUGHT: Abandonment of Utility and Drainage Easements
LOCATION OF PROPERTY: Southeast corner of Congress Avenue and S.W. 23rd Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X 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
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
.lL HAS
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 "Included".
4. The Applicant's application for relief is hereby
.lL 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
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DATED: ?~8/9S ~~'~~.#.-?~J
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J :\SHRDA T A\Planning\SHARED\WP\PROJECTS\Golfview Harbour\Aban\OEVELOPMENT ORDER.doc
EXHIBIT "C"
Conditions of Approval
Project name: Golfview Habour 3rd Section Plat
File number: ABAN 98-008
Reference: Letter of request dated August 4. 1998
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
P ARKS AND RECREATION
Comments: None X
FORESTERJENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. Recommended approval as submitted. X
ADDITIONAL CITY COMMISSION CONDITIONS
2. Ie be Ql:t9Pft,ified. #QV"e" /
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J:\SHRDA TA\PLANNING\SHARED\WP\PROJECTS\GOLFVIEW HARBOUR\ABAN\COND. OF APPR.DOC\