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85-SSP. ESOLUTION NO. ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, VACATING AND ABANDONING A RIGHT-OF-WAY CONCERNING PROPERTY HERINAFTER DESCRIBED; RESERVING AN EASEMENT FOR PUBLIC UTILITY PURPOSES IN SAID PROPERTY; AUTHORIZING THE M~YOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID RIGHT-OF-WAY; PR©V!DING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Mark Brinkman, as owner of certain property located within the City of Boynton Beach, Florida, has requested the abandonment of the hereinafter described right-of-way; and WHEREAS, continents have been solicited from the appropriate City departments~ and WHEREAS, public hearings have been held before the City's Planninc and Zoning Board and City Council on the proposed abandonment; and WHEREAS, based on the foregoing information, said right-of-way no longer serves any useful purpose; and WHEREAS, it is necessary for the City to reserve an easement over, under, and across the subject parcel for public utility purposes. 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 right-of-way purposes a piece of real property located in the City of Boynton Beach, Florida, to-wit: A part of that certain road right-of-way being 20 feet in width {shown as 7 Str. on the plat of Robe_~ Addition to the Town of Boynton, Boynton Beach~ Florida, as said plat is recorded in Plat Book 1, Pa~e 51, Public Records of Palm Beach County, Florida), said part being bounded on the East by the West line of Block 7 of said plat and being bounded on 'the West by the East right-of-way line of the Florida East Coast Railroad and being bounded on the North by the Westerly extension of the North line of said Block 7 and being bounded on the South by the North right-of-way line of Northeast Second Avenue (S.R. 804) as shown in Road Plat Book 3 at Page 188 of the Public Records of Palm Beach County, Florida, said North right-of-way line being a line 40.0 feet North of, as measured at right an~les, and parallel with the South line of said Blodk~.~, cont&ini'ng'~5,857'-sq~are feet or[0.134 acres}~more 6r. ~ess. Located parallel to the F.E.C. Railroad tracks on the East side, running North from Boynton Beach Boulevard to N.E. 3rd Avenue° Section 2: This vacation and abandonment of the above referenced right-of-way is expressly subject to the reservation of an easement over, under and across the subject oarcel for public utility purposes. Section 3: 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 4: This Resolution shall take effect immediate upon passage. PASSED and ADOPTED this J~ 198~_._. day of CITY OF BOYNTON BEACH, FLORIDA. MA~OR VICE MAYOR ATTEST: C~TY C~R~K- ' (Seal) 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 and disclaim for right- iiof-way purposes the following described property, situate and !ilocated in Palm Beach County, ~lorida, to-wit: A part of that certain road right-of-way being 20 feet in width (shown as 7 Str. on the plat of Robert Addition to the Town of Boynton, BoYnton Beach, Florida, as said plat is recorded in Plat-'Book 1, Page"5~'~oPublic Records of Palm Beach CountY, FlOYida), said part being bounded , on the East by the West line of Block 7 of said. plat and being bounded on the West by the East rightvof-way line of the Florida East Coast Railroad and bei~ bounded on the "North by the Westerly. extension of the .NOrth line of said Block 7 and being bounded ion the South by the North right-of-way line of Northeast Second Avenue (S.R. 804) as shown.in Road Plat Book 3 at Page 188 ';of the Public Records of Palm Beach County, Ii Florida, said North right-of-way line being a line 40.0 feet North of, as measured at right angles, and parallel with the South line of said Block 7, containing 5,857 square feet or 0.134 acres, more or less. Located parallel to the F.E.C. Railroad tracks on the East side, running North from Boynton Beach Boulevard to N.E. 3rd Avenue. SUBJEC~'TO AN EASEMENT RESERVED BY THE CITY OF BOYNTON BEACH, FLORIDA, OVER, UNDER, AND ACROSS THE ABOVE DESCRIBED PARCEL FOR PUBLIC UTILITY PURPOSES. WITNESS WHEREOF, the duly authorized officers of the~ City of Boynton Beach have hereunto set their hands and affixed the Seal of the City thi~~ day of ~to/~ /~OR (Seal) (1) THE STATE OF FLORIDA ..COUNTY OF PALM BEACH appeared BEFORE ME, the undersigned authority, personally Nick Cassandra and Betty S. Boroni July [!Mayor and City Clerk respectively, of the City of Boynton~ Beach, Florida, to· me known to be the persons described in and who i! executed the foregoing instrument, ~nd acknowledged the execution ~i thsreof to be their free hand ahd deed as such officers, for the t uses and purposes mentioned therein; that they affixed thereto the. official. Seal of said corporation; and that said instrument is the ac~t and deed of said corpo..ration. WITNESS MY HAND and official seat~in the Said State an~_-County this: ..2~d day of NOTARY PUBLIC . State of~ Florida at a~ My Commission Explr~es{: . (2}