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82-URESOLUTION NO. 82 -- ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, VACATING AND ABANDONING A DEDICATED RIGHT OF WAY AND RESERVING UTILITY EASEMENTS THEREIN IN SAID RIGHT OF WAY WHICH IS DESCRIBED AS THAT PART OF S. W. 2ND STREET LYING BETWEEN LOT 19 BENSON HEIGHTS SUBDIVISION AS RECORDED IN Ob R. BOOK 24, PAGE 151 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY AND LOT 8, WESTCHESTER HEIGHTS AS RECORDED IN O. R. BOOK 24, PAGE 210 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID EASEMENT, AND FOR OTHER PURPOSES. I~RIEREAS, Laura Benson, Carl and Mary Shuhi, the ad- joining property owners, have requested the abandonment of the abovementioned right of way. WHEREAS, comments have been solicited from the appropri- ate City Department. WHEREAS, Public Hearings have been held before the City Planning and Zoning Board, and the City Council on the proposed abandonment. WHEREAS, based upon the foregoing information that the existence of said right of way creates a dangerous traffic sit uation and creates annoying traffic for a residential district of the City. WHEREAS, the proposed abandonment would not affect any parties' reasonable access to their property. WHEREAS, the public has no present or future use for the right of way abandonment hereby outside the maintenance of utilities. 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, by and through its City Council, does hereby vacate and abandon a right of way easement situated and being in the City of Boynton Beach, expressly reserving the rights enumerated in Section 2, on a piece of property described as follows: That part of S. W. 2nd Street lying between Lot 19, Benson Heights Subdivision, as recorded in O. R. Book 24, Page 151 of the Public Records of Palm Beach County, and Lot 8, Westchester Heights, as recorded in O. R. Book 24, Page 210 of the Public Records of Palm Beach County, Florida. Section 2. The City hereby reserves all public utility easements in the abovementioned property, including but not limited to: 1) 2) 3) 4) 5) City water and sewers Teleprompter Cable T. V. Electric, Florida Power and Light Gas, Florida Public Utilities Telephone,-Southern Bell 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. Section 4. This Resolution shall become effective ten (10) days after its final passage. PASSED AND ADOPTED THIS ~_~ day of ~ , 1982. ATTEST CI~LERK CITY OF BOYNTON BEACH, FLORIDA ~~TE-,MBE~ > !n _ -2- DISCLAIMER KNOW ALL MEN BY THESE PRESENTS: That the City of Boynton Beach, Florida, a municipal corporation under the laws of the State of F~orida, does hereby abandon and disclaim the right of way in and to the following-described easement, ex- pressly reserving all public utility easements in the above- mentioned property, including but not limited to: 1) 2) 3) 4) 5) City water and sewers Teleprompter Cable T. V. Electric, Florida Power and Light Gas, Florida Public Utilities Telephone, Southern Bell situate, lying and being in the City of Boynton Beach, Palm Beach County, Florida to-wit: That part of S. W. 2nd Street lying between Lot 19, Benson Heights Subdivision, as recorded in O. R. Book 24, Page 151 of the Public Records of Palm Beach County, and Lot 8, Westchester Heights, as recorded in O. R. Book 24, Page 210, of the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, have hereunto set their hands and affixed the seal of the City this day of 1982. (CORPORATE SEAL) CITY OF BOYNTON BEACH, FLORIDA BY Mayor Attest: City Clerk STATE OF FLORIDA ) COUNTY OF PALM BEACH,) ss BEFORE ME, the undersigned authority, personally appeared and Mayor and City Clerk, respectively, of the City of Boynton Beach, a municipal corporation under the laws of the State of Florida, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free act and deed as such offi- cers, for the uses and purposes therein mentioned; 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 said State and County this day of , 1982. (NOTARIAL SEAL) Notary Public My commission expires: -2-