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R98-089RESOLUTION NO. R98-~'? A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A TEN FOOT (10') SPECIAL PURPOSE EASEMENT LOCATED AT 1730 NORTH FEDERAL HIGHWAY; BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; 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, Jean-Philippe Gaudree, agend for Ronnard, Inc., and Marc Perron, owners, has requested the abandonment of a Ten Foot (10') wide Special purpose easement located at 1730 North Federal Highway; 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 special purpose easement to be abandoned no longer serves any useful purpose. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach., Florida by and through its City Commission, does hereby abandon a Ten Foot Wide (10') special purpose easement located at 1730 North Federal Highway as depicted on the attached Exhibit "A", located in the City of Boynton Beach, 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 effect immediately upon passage. PASSED AND ADOPTED this ~' day of May, 1998. ~/,j~~~)ice Ma orj ~, .~ /Hayor Pro Tern ' .~mmissioner Commissioner ATTEST; Clerk s:ca\Re. Se,'~donment\Benevenu[o Special Purpose Aband EXHIBIT "A" A 10 foot strip of land whose center line is commencing at a point on the North property line of Lot 16 at a distance of 160.90 feet east of the U.S. Highway No. i east right-of-way line. Said point also being 481.59 feet west of the southerly extended center line of Palm Way, originally a publicly dedicated roadway established on the plat of W.S. SHEPARD'S SUBDIVISION of Lots 13-14-15 of SAM BROWN ]:R's. SUBDIVISION, Book 8~ Page 8 relocated to present location as described in Deed Record Book 875, Page 535. Said Plat and Deed thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach Count, Florida. Said 10 foot strip of land extends in a southerly direction a distance of 525.76 feet to a point on the south property line of Lot 18 a distance of 230.90 feet east of U.S. Highway No. i east right-of-way line. s:ca\Reso\Abandon ment\Benvenuto Easement Grand Park Utility Esement LOCATION MAP .3ENVENUTO'$ RESTAURANT · I=IE '0 1/8 M~'- J~n-18-1998 01:40p~ 98--231454 ORB 10470 P§ 145 Illllllill IIIiiii IIIIlll ~ ilii1111~ ~111~1 II1~ IIIII RESOLUTION NO. R98-~'? '~ F~OLUTION OF THE CITY COMMISSION H~ THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A TEN FOOT (10') SPECIAL PURPOSE EASEMENT LOCATED AT 1730 NORTH FEDERAL HIGHWAY; BEING MORE PA RTICULARL¥ DESCRIBED I N EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ABANDONMENT; .PROVIDING THAT THE ATTACHED DISC~IMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY; AND PROViDiNG AN EFFECTIVE 'DATE. WHEREAS, Jean-Philippe Gaudree, agend for Ronnard, Inc., and Marc Perron, owners, has requested the abandonment of a Ten Foot (10') wide Special purpose easement located at 1730 North Federal Highway; 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 special purpose easement to be abandoned no longer serves any useful purpose. 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 by and through its City Commission, does hereby abandon a Ten Foot Wide (10') special purpose easement located at i730 NoAh Federal Highway as depicted on the attached Exhibit "A", located in the City of Boynton Beach, Florida. ORB 10470 PO . i 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 i:n the Public Records of Palm Beach County, Florida. , Section 3. This Resolution. shall PASSED AND ADOPTED this __ day of May, OF s:ca\R~l~onment\Benevenuto Special Purpose Aband. ...~'~',~a,~~''''~ ~9.~." ~ ~, FLOta ~llllllllilllii~ )r Pro Tem /~:'~mmissioner Commissioner ORB 1ga471ZI P§ lZF7 EXHIBIT "A" A 10 foot strip of land whose center line is commencing at a point On the North property line of Lot 16 at a distance of 160.90 feet east of the U.S. Highway No. 1 east right-of-way line. Said point also being 481.59 feet west of the southerly exte.nd~:d center line of Palm Way, originally a publicly dedicated roadway established on the plat of W.S. SHEPARD'S SUBDIVISION of Lots 13-14-15 ~f sAM BROWN .1R's. SUBDIVISION, B°ok 8, Page 8 relocated to present location as described in Deed Record Book 875, Page 535. Said Plat and Deed thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida. Said 10 foot strip of land extends in a irection a distance of 525.76 feet to a point on the south proi Lot 18 a distance of:230.90 feet east of U~S. Highway No. 1 east right-of-way line. s:ca\Reso~Abandonme~t~Benvenuto Easement Grand Pa~ Utilily Esermmt LOCATIONM~~~~, '~ - ' BENVE UTOS RE RE ,o Ill 118 MILES ORB 10470 PI] 149 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach~ Florida, a municipal Corporation, under the"aws of.the State of Florida; does herebY abandon and' disclaim a Ten Foot (10') Wide: special purpose easement, located at 1730 North Federal Highway, and more particularly described in Exhibit "A" attached hereto. ]:!~. W:iTNESS~-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, 1998. A'FI-EST: SuA'anne KrUse, City Clerk STATE OF FLOP~DA COUNTY OF PALM BEACH c~-rY OF BOYNTON BEACH, FLORIDA '.- GeralO:'Tay/l/~' iVlayorZ ) )SS: ) BEFORE I~IE, 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 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 ORB 10470 P§ 150 said corporation. WTTNESS my hand and official seal in the said State and County this day of May, 1998. (~)TARY P(JBLIC, State of Florida Commission ~pires: ORB 1 IZI,~.T{~I Pg 151 EXHIBIT "A' A 10 foot strip of land whose center line is commencing at a point on the North property line of Lot 16 at a distance of 160.90 feet east of the U.S. Highway No. I east right-of-way line. Said point also being 481.59 feet west of the southerly extended center line of Palm Way, originally a publicly dedicated roadway established on the plat of W.S. SHEPARD'S SUBDIVISION of Lots 13-14-15 of SAM BROWN _lR's. SUBDIVISION, Book 8, Page 8 relocated to present location as described in Deed Record Book 875, Page 535. Said: Plat and Deed thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida. Said 10 foot strip of land extends in a southerly direction a distance of 525.76 feet to a point on the south p~operty line of Lot !8 a ~distance of 230.90 feet east of LI.S. Highway No. I east right-of-way line. s:ca\Reso~,bandon ment\Benvenuto Easement Grand Park Utility Esement Boynton Beach  100 E./B/oynton Beach Boulevard i L// ~.0. Box310 Boyn-ton Beach, Florida 33425-0310 I CityHal~ (561) 375-6000 ~:AX: (5'61) 375-6090 ~ 10470 Pg 1 DI:~THY H, HIL~I~ CLER~ PI3 I:~NTY~ FL CE R TIFI CA TI 0 N I, JANET PRAINITO, DEPUTY CITY CLERK of the City of Boynton Beach, Florida, do hereby certify, that atmc~ed Reso_~t~on ~R98-89 consisting of~vo pages and Exhibit "A" consisting 2 pages plus the-original disclaimer consisting of two pages and Exhibit "A" consisting of I page are true and correct copies 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 28th day of May, 1998. NITO, DEPUTY CITY CLERK ~ay 28, 1998 \\chXmain\shrdata\cc\wp\general/nfo\c e r t i f i c a t i o n.doc America's Gateway to the Gulfstream LOCATION MAP 3ENVENUTO'S RESTAURANT '0 I=IE 1/8 MILES II i i / / EXHIBIT "C" EXHIB IT "D" EXHIBIT "D" Conditions of Approval Project name: Benvenuto Restaurant File number: ABAN 98-003 (utility easement) Reference: Abandonment application dated April 1, 1998. DEPARTMENTS I rNCLUDE I REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD cONDITIONS 1. None X I ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined. I I Pome s:\projects~,ond of appfi 1100 Northpoint Parkway - Suite 200 West Palm Beach, F133407 Friday, April 03, 1998 Cindy Leon Office Manager Benvenuto Restaurant 1730 N. Fed Hwy. Boynton Beach, Fl 33435 RE: Easement Abandonment: ORBook 2239 Pg. 1113 1730 N. Fed Hwy., Boynton Beach / PBCounty, Fl Dear Ms. Leon: In reviewing your request on the above ref. project, Comcast has no objections nor conflicts with your proposed plans on the above abandonment and does not encroach omo our easements or otherwise imerfere with the provision of service to our customers. Should you have any other questiom, please feel free to call me at 1-561-227-7743 / Fax Numbers- 1-561-227-7746 / e-mail leonard_maxwell~comcast, eom. Sincerely, Leonard Maxwell Permit Adjusto~ 04/03/~8 3:51:40 PM cc: Joe Casasanta- Director of Technical Operations Scott Swendner - Project Mmmger Dom Aumais - Construction Coordinator Jim Jones -Construction Coordinator Lira Leverette -Project Coordinator Noah Darby- Engineering Coordinator Boynton Beach Draw File MEDIA COMPANY 3020 High Ridge Road SUite 200 · Boynton Beach. FL 33426 · Phone (561) 588-8336 TO: FROM: DATE: SUB/I/CT: Mr. Albert C. Nelson, P.E. Nancy IL Yanofsk7 April 6, 1998 ABANDONMENT OF F__J~F.2vIElqT ORB 2239- PG. I 113 This is to inform you that Tele-Mexlia Company does not have cable in the location stated in your letter on Federal Highway. Should you require further h~f'ormafion, please do' not hesitate to contact me. PUBLIC UTIL S COMPANY P O Box 3395 West. Palm Beach. FL 33402-3395 April 22, 1998 FAX. ED TO: 734.1248 Cindy Leon Benvenuto Restaurant 1730 N. Federal Hwy. Boyntcn Bcack FL 33435 Easemen~ Abandonment ORB 2239, Page 1113 Dear Ms Leon: Please be ach,5~¢d tnt! Florida Public Utilities Company has no objection to the abandonment of:he existing easement described in your le~er. At the present time, we l~ve no underground gas distribution facilities located within the limits of the proposed abandonme,~t. Sincerely, David £. Pelli¢o Division Engioeer ~PR-06-98 NON 05~04 PN ~DELPHIR 595 S.W. 4th Ave Delray Beach, FL 334,~4 Fax ($61) 272~8776 FRX NO, 561 278 9322 O1 April 6, 1998 AIDert (5, Nelson International Engineering Associates,lnc, Royal Palm Plaza 315 SE Mizner Blvd. Suite 200 Boca Raton, Fl. 33432 RE: ABANDONMENT OF EASEMENT ORB 2239 Pg.1113 DEAR MR. NELSON: Piea=e concider thio Adelphia'e letter vr ",,u ubjuctlon" to the at3ove referenced abondanment. If you have an7 questions, please contact me att 561-272-2522. Jeannine McEnroe Construction Supervisor 15:19 NELSON 3Gg22~5 AssoCIATES 40? 361 o4,~o6/98. p.02 TO WHOM'IT MAY' CONCERN,,.' ." ' , · · . ..,' "-.. '- ' !' ' :... :..i.' '. ,' ~ ',-,:'., . '."' . .'" "" "'. ~i,~;C~E(~'~)~e~.'.'. ,.:.',' '::": ' :'.. ' . :' ,: ::'" --":'~: @: BELL SOUlTH BellSouth Telecommu,[cafion$, Inc, Ftoo[,', 501 April 9, 1998 To Whom It May Concern Benvenuto Restaurant 1750 N. Federal Highway Boynton Beach, FL !~81 837-63h!~ Fax 551 f133-gf198 Pnqcr .~61 885-~220 PLAI' NtNG AND ZONING DEPT. RE: Easement Abandonment ORB 2239 Pg. 1113 Dear Sir or Madam: BellSouth has no facilities in the above referenced easement nor are there plans to place any facilities in the easement. Therefore, we have no objection to this abandonment. If you have any questions, please contact Larry Mayemik at 561-837-6404. Yours truly, Director LFM:ds DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Benvenuto Restaurant APPLICANT/AGENT: Jean Philippe Gaudre6 APPLICANT'S ADDRESS: 2936 N.W. 24~h Terrace, Boca Raton, FL 33431 DATE OF CITY COMMISSION PUBLIC HEARING: 5/5/98 TYPE OF RELIEF SOUGHT: LOCATION Of PROPERTY: DRAWING(S): Special purpose easement abandonment 1730 N. Federal Highway SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida app, earing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, Which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought bythe applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The. conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3. hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk J:\SHRDATA~Planning~SHARED\WP~orojects~envenuto Restaurant\~DEVELOPMENT ORDER REV. doc