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R97-085JlJJJ j~JJJJj/~lJJJ ~ RESOLUTION NO. R97- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A 15 FOOT WIDE ALLEY LOCATED WITHIN BLOCKS 10, '11 AND 12 OF THE BOWERS PARK SUBDIVISION, RESERVING A 15 FOOT WIDE UTILITY EASEMENT TO THE CITY OF BOYNTON BEACH, FLORIDA FLORIDA POWER & LIGHT, BELLSOUTH AND ANY AND ALL OTHER AFFECTED UTILITIES; SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A' ATTACHED HERETO; PROVIDING THAT THIS ABANDONMENT SHALL NOT BE CONSTRUED TO AFFECT ANY EXISTING ACCESS EASEMENT; 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 COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach is requesting abandonment of an unimproved 15 foot wide city alley located within blocks 10, 11 and 12 of the Bowers Park subdivision, reserving a 15 foot wide utility easement to the City of Boynton Beach, Florida, Florida Power & Light, BellSouth and any and all other affected utilities; 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 ....... nn the proposed ___.~h~,~,',,','~'=,"'*'.._..., ...., ,,, and WHEREAS, based' on the foregoing information, the said alley to be abandoned no longer serves any useful purpose; and 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 does hereby abandon a 15 foot wide city alley located within blocks 10, 11 and 12 of the Bowers Park subdivision, located in the City of Boynton Beach, Florida and depicted on Exhibit "A" attached hereto, reserving a 15 foot wide utility easement on said parcel to the City of Boynton Beach, Florida, Florida Power & Light, BellSouth and any and all other affected utilities, subject to staff comments. S:ca\4~Reso\klower Park ORB ~~ P~ 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 a fifteen (15) foot wide alley, located within blocks 10, 11 and 12 of the Bowers Park Subdivision, between S.E. 5th Avenue and S.E. 6t' Avenue, on both sides of Seacrest Boulevard and west of the FEC Railway, more particularly described in Exhibit "A" attached hereto, reserving a 15 foot wide utility easement to the City of Boynton Beach, Florida Power & Light, BellSouth and any and all other affected utilities. 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 ~o~ day of May, 1997. ATTEST: CITY OF BOYNTON BEACH, FLORIDA City CI Tayl~, or -Get'aid ) 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 S:caXx~]Reso',Bower Park ORB 98:1~ po. ~.5~c22 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 day of May, 1997. NOTARY PUBLIC, State of Florida My Commission Expires: s:ca\wp\Reso\Bower Park S:ca',~ ~eso"Bower Park Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box310 Boynton Beach, Florida 33425-0310 City Hall: (561) 375-6000 FAX: (561) 375-6090 ORB 9815 P~ ~.594 DOROTHY H. WILh'EN~ CLERK PB COUNTY~ CERTIFICATION I, Janet Prainito, Acting Deputy City Clerk of the City of Boynton Beach, Florida, do hereby certi~: that the attached Resolution #R97-85 consisting of two pages and original disclaimer consisting of two pages, plus a highlighted map are true and correct copies and originals as they appear in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, this 22nd day of May, 1997. J~et Prainito, Acting Deputy City Clerk May 22, 1997 word..'wp procedure, ceftin' America's Gateway to the Gulfstream Section 2. This Resolution shall not be construed to abandon, surrender, dedicate, transfer, or otherwise give away any access easement, whether written or prescriptive, enjoyed by Florida Power & Light, BellSouth and any other recognized utility. 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 immediately upon passage. PASSED AND ADOPTED this ,~o day of May, 1997. ATTEST: City Clerk CITY OF' BOYNTON BEACH, FLOR~IOA .~'~, ,~ Mayor c mdsior er'l / ~Commissioner Commissioner OONOO m N~ £S E ~ m~m HEUL)HL;;-H'5 MEMO: Le~ibilit'¢ oi docur, unsatisfactory when received. RESOLUTION NO. R97- ~°5' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A 15 FOOT WIDE ALLEY LOCATED WITHIN BLOCKS 10, 11 AND 12 OF THE BOWERS PARK SUBDIVISION, RESERVING A 15 FOOT WIDE UTILITY EASEMENT TO THE CITY OF BOYNTON BEACH, FLORIDA , FLORIDA POWER & LIGHT, BELLSOUTH AND ANY AND ALL OTHER AFFECTED UTILITIES; SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A' ATTACHED HERETO; PROVIDING THAT THIS ABANDONMENT SHALL NOT BE CONSTRUED TO AFFECT ANY EXISTING ACCESS EASEMENT; 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 COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach is requesting abandonment of an unimproved 15 foot wide city alley located within blocks 10, 11 and 12 of the Bowers Park subdivision, reserving a 15 foot wide utility easement to the City of Boynton Beach, Florida, Florida Power & Light, BellSouth and any and all other affected utilities; 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, the said alley to be abandoned no longer serves any useful purpose; and 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 does hereby abandon a 15 foot wide city alley located within blocks 10, 11 and 12 of the Bowers Park subdivision, located in the City of Boynton Beach, Florida and depicted on Exhibit "A" attached hereto, reserving a 15 foot wide utility easement on said parcel to the City of Boynton Beach, Florida, Florida Power & Light, BellSouth and any and all other affected utilities, subject to staff comments. Section 2. This Resolution shall not be construed to abandon, surrender, dedicate, transfer, or otherwise give away any access easement, whether written or prescriptive, enjoyed by Florida Power & Light, BellSouth and any other recognized utility. 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 immediately upon passage. PASSED AND ADOPTED this ~o day of May, 1997. ATTEST: City Clerk CITY Of BOYNTON BEACH, FLORIDA _ ~.. .---  i~e Mayor C'~mmjgsioner/ / ~ ~Gommissionor ~ S:ca',,~ ~eso~Bower Park DISCLAIMER KNOW ALL MEN BY THESE I! Boynton Beach, Florida, a municipal corporation, under the laws of the State of !I Florida, does hereby abandon and disclaim a fifteen (15) foot wide alley, located Ii within blocks 10, 11 and 12 of the Bowers Park Subdivision, between S.E. 5th il Avenue and S.E. 6th Avenue, on both sides of Seacrest Boulevard and west of t! the FEC Railway, more particularly described in Exhibit "A" attached hereto, Ii reserving a 15 foot wide utility easement to the City of Boynton Beach, Florida t: ii Power & Light, BellSouth and any and all other affected utilities. 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 _.~ day of May, 1997. ATTEST: CITY OF BOYNTON BEACH, FLORIDA City Cie ,"'/. '~'~i,~,'-ro Gerald Tayl~M~a~,~r - )SS: ) PRESENTS that the City of 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 S:ca'wifiRes°"Bower Park k 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 ,,~3 day of May, 1997. NOTARY PUBLIC, State of Florida My Commission Expires: $:ca\wp~Reso~Bower Park S:ca\w ~eso'~nver Park