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04-073 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 ORDINANCE NO. O4-0~' AN ORDINANCE OF THE CITY BEACH, FLORIDA, AUTHORIZING OF A PORTION OF AN 4.2 FOOT LOCATED IN LAKESIDE SUBJECT TO STAFF .; THE CITY MANAGER TO WHICH SI-~lJ. BE IN THE PUBLIC COUNTY, DATE. BOYNTON ANDONMENT EASEMENT (ABAN 04-003), AUTHORIZING A DISCLAIMER, WITH THIS OF PALM PROVIDING AN WHEREAS, Investments requesting abandonment 4.2 foot the north and Lot 31 to the s, and Drive North, subject to staff co through its agent, Rodney J. Regan, is unimproved easement located between Lot 30 to access to the Intracoastal Waterway from Lake WHEREAS, comments and public hearings have been hel the City Commission on the been solicited from the appropriate City Departments, the City's Planning and Development Board, and and WHEREAS, staff has the easement provides no public service; and NOW, THE CITY OF BE IT BEACH, BY THE CITY COMMISSION OF THAT: Section 1. herein by this foregoing Whereas are true and correct and incorporated Section hereby and Lot 31 North, sue "A." A The City Commission of the 4.2 foot wide unimproved easement south and provides access to the Intrac to staff comments, and more particularly map is attached hereto as Exhibit "B." of Boynton Beach, Florida, does :ated between Lot 30 to the north Waterway from Lake Drive ,cribed in the attached Exhibit /~ection 3. The City Manager is hereby authorized attacl~d Disclaimer and cause the same to be filed, with Rece~i-ds of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately FIRST READING this __ day of ,2004. ~d directed to execute the in the Public passage. S:\CA\OrdinancesV~bandonmentsV~bandonornent -Lake Drive North - 04-003.dcc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 SECOND, FINAL READING AND PASSAGE THIS day of ,2004. CITY OF BOYNTON BEACH Mayor :e Mayor sloner ATTEST: Commissioner City Clerk S:\CA\Ordinancos\Abandonrnents\Abandonement -Lake Drive North - 04-003.doc 1 2 3 4 5 6 7 8 9 10 EXHIBIT "A" The north 4.2 foot walk (easement), in LAKESIDE GARDENS, subdivision of the Town of Boynton, Florida, according to the Plat subdivision recorded in the Office of the Clerk of the Circuit and for Palm Beach County, Florida, in Plat Book 8 at Page located between Lake Drive North and the Intracoastal Waterway. S:\CA\OrdinancesV~bandonments'~N:~andonement -Lake Ddve North - 04-003. doc I In. = 100.0 feet R-3 LAKE DRIVE NORTH LOCATION MaP EXHIBIT "j~' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 a 4.2 foot wide unimproved easement located between Lot 30 to the north and Lot 31 to the south and provides access to the Intracoastal Waterway from Lake Drive North, subject to staff comments, and more particularly described in the attached Exhibit "A". 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 September, 2004. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH Kurt Bressner, City Manager ) )SS: ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager 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 __ day of September, 2004. NOTARY PUBLIC, State of Florida My Commission Expires: S:\CA\OrdinancosV~,bandonments'~J3andoner'~nt -Lake Drive Norlh - 04-003.doc 1 2 3 4 5 6 7 8 9 10 EXHIBIT "A" The north 4.2 foot walk (easement), in LAKESIDE GARDENS, a subdivision of the Town of Boynton, Florida, according to the Plat of said subdivision recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 8 at Page 57, located between Lake Drive North and the Intracoastal Waterway. S:~CA\Ordinances!AbandonrnentsV~bandonement-Lake Drive North - 04-003.doc