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86-KKKKRESOLUTION NO. ~_~~'~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA VACATING AND ABANDONING A PORTION OF A UTILITY EASEMENT CONCERNING PROPERTY HEREINAFTER DESCRIBED; AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A DISCLAIMER FOR THE PORTION OF SAID EASEMENT TO BE VACATED; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Southeast Development Enterprises, Inc., ~s owner of certain property located within the City of Boynton Beach, Florida has requested the abandonment of a portion of a public utility easement; said property to be vacated is herein- after described; and WHEREAS, comments have been solicited from the appropriate City Departments; .and WHEREAS, public hearings have been held before the City's Planning and Zoning Board and the City Council on the proposed abandonment; and I~HEREAS, based on the foregoing information, the portion of the public utility easement which is hereby abandoned no longer serves any useful purpose. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA that: Section 1: The City of Boynton Beach, Florida, by and through its City Council does hereby vacate and abandon for public utility easement purposes a piece of real property located in the City of Boynton Beach, Florida, to wit: A parcel of land lying in Section 8, Township 45 South, Range 43 East, Palm Beach County, Florida, said parcel being a portion of Boynton Lakes - Plat No. 6 (PUD) as recorded in Plat Book 52, pages 109 thru 112, of the Public Records of Palm Beach County, Florida, said parcel being more particularly described as follows: The Northerly and Easterly 4.00 feet of an existing 10.00 foot utility easement of Lots 1 thru 8, Block 19, Boynton Lakes - Plat No. 6 (PUD), as recorded in Plat Book 52, Pages 109 thru 112 of the Public Records of Palm Beach County, Florida. AND A parcel of land lying in Section 8, Township 45 South, Range 43 East, Palm Beach County, Florida, said parcel being a portion of Boynton Lakes - Plat No. 5 (PUD) as recorded in Plat Book 52, pages 105 thru 108 of the Public Records of Palm Beach County, Florida, said parcel being more particularly described as follows: The Southerly 4~00 feet of the Northerly 10.00 feet of Lots 5 thru 8, Block 3; The Southerly 4.00 feet of the Northerly 10.00 feet of Tract "P"; The Southeasterly 4.00 feet of the Northwesterly 10.00 feet of Lots 1 thru 8, Block 4; The Southeasterly 4.00 feet of the Northwesterly 10.00 feet of Tract "Q"; The Northeasterly 4.00 feet of the Southwesterly 10.00 feet of Lots 2 thru 4, Block 5; The Southeasterly 4.00 feet of the Northwesterly 10.00 feet of Lots 4 thru 8, Block 5; The Easterly 4.00 feet of the Westerly 10.00 feet of Tract "J"; The SoutheaSterly 4.00 feet of the Northwesterly 10.00 feet of Lots 4 thru 8, Block 6; The Southeasterly 4.00 feet of the Northwesterly 10.00 feet of Tract "I". Ail of the above lying within Boynton Lakes Plat No. 5 (PUD) as recorded in Plat Book 52, pages 105 thru 108 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 Resolution shall take affect immediately upon passage. -PASSED AND ADOPTED this~ 1986. day of ~, CITY OF BOYNTON BEACH, FLORIDA VICE MA~ COUNC~L MEMBE/~ ~ ~- ATTEST: COUNCIL MEMBER//~ ~CIL MEMBER (SEAL) DISCLAIMER KNOW ALL MEN BY THESE PRESENCE than the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation under the la~vs of the State of Florida does hereby abandon and disclaim for public utility easement purposes the following described property, situate and located in Palm Beach County, Florida, to wit: A parcel of land lying in Section 8, Township 45 South, Range 43 East, Palm Beach County, Florida, said parcel being a portion of Boynton Lakes - Plat No. 6 (PUD) as recorded in Plat Book 52, pages 109 thru 112, of the Public Records of Palm Beach County, Florida, said parcel being more particularly described as follows: The Northerly and Easterly 4.00 feet of an existing 10.00 foot Utility easement of Lots 1 thru 8, Block 19, Boynton Lakes Plat No. 6 (PUD), as recorded in Plat Book 52, Pages 109 thru 112 of the Public Records of Palm Beach County, Florida. AND A parcel of land lying in Section 8, Township 45 South, Range 43 East, Palm Beach County, Florida, said parcel being a portion of Boynton Lakes - Plat No. 5 (PUD) as recorded in Plat Book 52, pages 105 thru 108 of the Public Records of Palm Beach County, Florida, said parcel being more particularly described as follows: The Southerly 4.00 feet of the Northerly 10.00 feet of Lots 5 thru 8, Block 3; The Southerly 4.00 feet of the Northerly 10.00 feet of Tract "P"; The Southeasterly 4.00 feet of the North- westerly t0.00 feet of Lots 1 thru 8, Block 4; The Southeasterly 4.00 feet of the Northwesterly 10.00 feet of Tract "Q"; The Northwesterly 4.00- feet of the Southwesterly 10.00 feet of Lots 2 thru 4, Block 5; The Southeasterly 4.00 feet of the Northwesterly 10.00 feet of Lots 4 thru 8, Block 5; The Easterly 4.00 feet of the Westerly 10.00 feet of Tract "J"; The Southeasterly 4.00 feet of the Northwesterly 10.00 feet of Lots 4 thru 8, Block 6; The Southeasterly 4.00 feet of the Northwesterly 10.00 feet of Tract "I". Ail of the above lying within Boynton Lakes Plan No. 5 (PUD) as recorded in Plat Book 52, pages 105 thru 108 of the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the duly authorized officers of the City of Bovnton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ~ day of ~-~~-~ 1986. ATTEST: CITY- C~ State of Florida ) ) County of Palm Beach ) BEFORE ME, the undersigned authority, personally appeared Mayor and City Clekk 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 ~5. day of ~~-'/~'~->~/:' , 1986. I~OTA~i~ PUBLIC, STA.,E O~F --F L O-R,i DA L,