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R98-048RESOLUTION NO. R98-/,~' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A TEN FOOT (10') UTILITY EASEMENT LOCATED APPROXIMATELY 540 FEET EAST OF THE SOUTHEAST CORNER OF CONGRESS AVENUE AND S.W. 23RB AVENUE, TO BE KNOWN AS GRAND PARK OF BOYNTQN BEACH; 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, Gregory Miklos of Miklos and Associates, agent for Norman J. MichaeI,Milor corporation, Owner, has requested the abandonment of a Ten Foot (10') utility easement located approximately 540 feet east of the southeast corner of Congress Avenue and S.W. 23rd Avenue, to be known as Grand Park of Boynton Beach; 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 utility 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 (10') utility easement located approximately 540 feet east of the southeast corner of Congress Avenue and S.W. 23raAvenue, to be known as Grand Park of Boynton Beach as depicted on the attached Exhibit "A", located in the City of BoyntOn Beach, Florida. Grand Park Utility Esement EXHIBIT "A" Grand Park Utility Esement An easement 10.0 feet in width lying in Tract 4 of the Plat of Golf View Harbour 3rd Section as said Plat is recorded in Plat Book 30 at pages 119 and 120 of the Public Records of Palm Beach County, Florida, said Easement being more particularly described as follows: The West 10.0 Feet of the East 34.43 Feet of said Tract 4, Together with the South 10.0 Feet of the West 210.5 Feet of the East 574.93 Feet of said Tract 4. 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. Section3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this /2" day of March, 1998. CITY OF BOYNTON BEACH, ~ice Mayor / / Commissioner Commissioner A-rFEST: Cit-~Clerk Park Utility Easement Grand Park Utility Esement SKETCH OF DESCRIP T/ON EXHIBIT "A " SHEET 1 OF 1 GOLF ROAD LS. 87°38'24 "W. NORTH LINE TRACT NOTES: THIS IS NOT A SURVEY THE SOUTH LINE OF TRACT ,4 IS ASSUMED TO 8EAR S. 87°38'2¥"W. TRACT 4 TRACT 4 ~-~Ir'OESCRIPTION OF EASEMENT ABANDONMENT: AN EASEMENT 10.0 FEET IN WIDTH LYING IN TRACT 4- OF THE PLAT OF GOLF VIEW HARBOUR 5RD SECTION, AS SAID PLAT IS RECORDED IN PLA T BOOK JO A T PAGES 119 AND 120 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID EASEMENT BEING MORE PARTICULARLY DESCRIDED AS FOLLOWS: THE WEST 10.0 FEET OF THE EAST J64.4J-FEET OF SAID TRACT 4, TOGETHER WITH THE SOUTH lO.O FEET OF THE WEST 210.5 FEET OF THE EAST 574.95 FEET OF SAID TRACT 4. 210.5' 57~.93' _ r--lO' UTILITY i ~ EA SEMEN T UTILITY EASEMENT S. 87°J8'24 523,7J' SOUTH LINE TRACT 4 LAKE WORTH DRAINAGE DISTRICT LATERAL CANAL NO. 27 (LAZY LAKE WA TERWA Y) ORDER NO. 84--190 364.43' J64.4J' ~S~IB'~,~t~ AND MAPPER //IJ14 DA TE: JAN. 5, 1998 O"BRIEN, SUITER & O'BRIEN, INC CERTIFICA I'E OF AUTHORIZATION ~LBJ5J SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: JOHN N. SUITER 2601 NORTH FEDERAL HIGHWAY OELRA Y BEACH FLORIDA 33483 (561) 276--4501 (S61) 732-3279 GOLF ROAD LNORTH LINE TRACT 4 NO TES: [ THIS IS NOT A SURVEY THE SO JTH LINE OF TRACT 4 IS ASSUMED TO BEAR S. 87~8'24~W. TRACT 4 TRACT 4 ~ESCRIP TI 2N OF EASEMENT ABANDONMENT: ~ ~ AN EASE&'ENT 10.0 FEET IN WIDTH LYING IN TRACT ~ OF THE PLAT 10'~ OF GOLF VIEW HARBOUR JRD SECTION, AS SAID PLAT IS RECORDED ~ ~ ~ ~ IN PLAT ~00~ ~0 A T PAGES 119 AND 120 OF THE PUBLIC RECORDS ' ~ ~ OF PALM BEACH COUNTY, FLORIDA, SAID EASEMENT BEING MORE ~64.4~' _ ~ PARTICUL. ARL Y DESCRIDED AS FOLLOWS; ~ THE WEST 10.0 FEET OF THE EAST ~64.~ ~EET OF SAID TRACT 4, ~ TOGETHEB WITH THE SOUTH 10.0 FEET OF THE WEST 210.5 FEET OF THE EAST 574.9~ FEET OF SAID TRACT 4. ~ ~ ~ ~ SU~YOR AND MAPPER ~ LATERAL CANAL NO. 27 ~ ~ DA~t JAN. & 199~ ' ' ~ (LAZY LAKE WA TERWA Y) O'BR~N, SUITER ~ O~R~, 1~ ~ · ~10' UTILITY ~ CERTIFICATE OF AUTHORIZATION ~ EASeMeNT SURVEYOR AND MAPPER ~N RE~ONS~LE CHARGE: JOHN N. SUITER 2601 NORTH FEDERAL H~GHWA -- T~ ORDER NO. 84--190 t (561) 27~-4501 (5~) 7~2-~279 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 clJsclaJm a Ten Foot (tO') utility easement, located approximately 540 feet east of the southeast corner of Congress Avenue and $.W. 23rd Avenue, to be known as Grand Park of Boynton Beach and more particularly described in Exhibit "A" attached hereto. IN WITNESS WHEREOF, the duly authorized officers of the~. City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ~ day of March, 1998. ATTEST: CTI'Y OF BOYNTON BEACH, FLOR[DA Suzanne Kruse, City Clerk Gerald Taylor, Mayor STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) BEFORE I~IE, the undersigned authorib/, personally appeared GERALD TAYLOR and SUZANNE KRUSE, Mayor and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the Grand Park Utility Esement uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. W:[TNES$ my hand and official seal in the said State and County this day of March, 1998. NOTARY PUBLTC, State of Florida My Commission Expires: Grancl Park Ut~l(¥ Eseme~ EXHIBIT "A" An easement 10.0 feet in width lying in Tract 4 of the Plat of Golf View Harbour 3rd Section as said Plat is recorded in Plat Book 30 at pages 119 and 120 of the Public Records of Palm Beach County, Florida, said Easement being more particularly described as follows: The West 10.0 Feet.of the East 34,43 Feet of said Tract 4, Together with the South 10.0 Feet of the West 210.5 Feet of the EaSt 574.93 Feet of said Tract 4. Gra~J Park Ublk~ Esemenl VI1. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR3, Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates .in to City Manageffs Offic~ :Meeting Dates [] December 16, 1997 December 5, 1997 (noon) [] February 17. 1998 [] January6,1998 December lg, 1997(noon) [] March3,.1998 [] January 20. 1998 January 9, 1998 (noon) [] March 17, t998 [] February 3, 1998 January 23, 1998 (noon) [] April 7, 1998 PUBLIC HEARING~ B. Date Final Form Must be Turned in to City Manager's Office February 6, 1998 (noon) February 20, 1998 (noon) March 6, 1998 (noon) March 20, 1998 (noon) RECOMMENDATION: Please place the request below on the March 3, 1998 City Commission meeting agenda under Public Hearing. The Planning and Development Board with a 6-0 vote, recommended approval as submitted. For further details pertaining to this request, see attached Planning and Zoning Memorandum No. 98-054. EXPLANATION: PROJECT: Grand Park ALF of Boynton Beach AGENT: Gregory Miklos of Miklos and Associates OWNER: Norman J. Michael, Milor Corporation LOCATION: Southwest comer of S.W. 13~ Street and Golf Road DESCRIPTION: Request for abandonment of a utility easement on property located approximately 540 feet east of ti southeast comer of Congress Avenue and S. W. 23ra Avenue to be known as Grand Park of Boynton Beach: PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Department Head's Signature Manager's Stgnature Development Department Name Planning and Zonit~ Directo~ \\~ HRD AT AVPLA!qNrnqOXSH.~aR.ED\~ KO J]E CT SXGR.auND PAR.K~,kBAN-UT]LITY Fc, ASEM~2qT'~GENDA ~ REQ~T 3-3-98.l~Z~2 ~ae-23-1998 11:28a~ 98-- 1 00469 t illll~#llli!l#llll~ll~#1il.lll RESOLUTION NO. R98-/~' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A TEN FOOT (10') UTILITY EASEMENT LOCATED APPROXIMATELY 540 FEET EAST OF THE SOUTHEAST CORNER OF CONGRESS AVENUE AND S.W. 23RD AVENUE, TO BE KNOWN AS GRAND PARK OF BOYNTON BEACH; 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, Gregory Miklos of Miklos and Associates, agent for Norman J. MichaeI,Milor corporation, Owner, has requested the abandonment of a Ten Foot (10')utility easement located approximately 540 feet east of the southeast corner of Congress Avenue and S.W. 23rd Avenue, to be known as Grand Park of Boynton Beach; 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 utility easement to be abandoned no longer serves any useful purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEA';H, 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 (10') utility easement located approximately 540 feet east of the southeast corner of Congress Avenue and S.W. 23r° Avenue, to be known as Grand Park of Boynton Beach as 'depicted on the attached Exhibit "A", located in the City of Boynton Beach, Florida. Grand Park Utility Esement ORB :L0~94 Pg :~6 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 Pa m Beach County Florida. Section 3.' This :ResolUtiOn .shall take effect immediately upon passage. PASSED AND ADOPTED this',/'~ day of March, 1998. ATTEST: Cib/~Clerk - CITY OF BOYNTON BEACH, Mayor //'_ . / / , ~.~:C,t~ .~' ~ Vide Mayor / ,. Commissioner mi~oner Park Utility Easement SKETCH OF DESCRIPTION NOTES: THIS IS NOT A SURVEY THE SOUTH LINE OF TRACT 4 IS ASSUMED TO 8EAR S. 87'38'24'W EXHIBIT SHEET 7 OF GOLF ROAD ~ S. 87°38'24 "W. LNORTH LINE TRACT 4 TRACT 4 DESCRIPTION OF EASEMENT ABANDONMENT: AN EASEMENT 10.0 FEET IN WIDTH LYING IN TRACT 4 OF THE PLAT OF GOLF VIEW HARBOUR 3RD SECTION, AS SAID PLAT IS RECORDED IN PLA T BOOK 30 A T PAGES 119 AND 120 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID EASEMENT BEING MORE PARTICULARLY DESCRIDED AS FOLLOWS: THE WEST 10.0 FEET OF THE EAST 364.43 'FEET OF SAID TRACT 4, TOGETHER WITH THE SOUTH 10.0 FEET OF THE WEST 210.5 FEET OF THE EAST 574.93 FEET OF SAID TRACT 4. 57~.9J' 210.5' UTILITY EASEMENT-- S. B7OjB,24'W. t 525.75' SOUTH LINE TRACT 4 LAKE WORTH DRAINAGE DISTRICT LATERAL CANAL NO. 27 {LAZY LAKE WA TERWA Y) TRACT 4 :. I J64.4J' JOt-)~ N. St,lITER SUI~YOR AND MAPPER ~1314 OA ~: JAN. 5, 1998 ORDER NO. 84-- 190 O~RIEN. SUITER &: O~R;EN, INC CERTFICA rE OF AUTHORIZATION ~LB353 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: JOHN N SUITER 2601 NORTH FEDERAL HIGHWAY DELRAY BEACH FLORIDA JJ48J {567) 276-4501 {$6]) 752-$279 EXHI BIT "A" ORB I Pg 1 ~337 An easement 10.0 feet in width lying in Tract 4 of the Plat of Golf View Harbour 3rd Section as said Plat is reCorded in Plat Book 30 at pages 119 and 120 of the Public Records of Palm Beach County, Florida, said Easement being more particularly described as follows: The West 10.0 Feet of the East 34.43 Feet of said Tract 4, Together with the South 10.0 Feet of the West 210.5 Feet of the East o/,,.~ Feet of said Tract 4. Grand perk Ufif~/Esemem 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 Ten Foot (10') utility easement, located approximately 540 feet east of the southeast corner of Congress Avenue and S.W. 23rd Avenue. to be known as Grand Park of Boynton Beach and more particularly described in Exhibit "A" attached hereto. 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 March, 1998. .AI-I'EST: CITY OF BOYNTON BEACH, FLORIDA Gerald TAT,' Mayor Kruse, ) )SS: OF PALH BEACH ) BEFORE HE, 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 Grand Pad< Utility Esemer~ 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. W]:TNE$$ my hand and official seal in the said State and County this 18 day of March, :[998. RY P. UBLIC, State of I~lorida ~'l~'y Commission Expires: Grand Pa~ UI Iity Esemen~ Grand Park Utility Esement ORE[ :1. OE?:~-z~ P§ ::L 2:zA-,~_~ DOROTHY H. WlLKEH, CLERK PB COUNTY~ FL EXHIBIT "A" An easement 10.0 feet in width lying in Tract 4 of the Plat of Golf View Harbour 3rd Section as said Plat is recorded in Plat Book 30 at pages 119 and 120 of the Public Records of Palm Beach County, Florida, said Easement being more particularly described as follows: The West I 0.0 Feet of the East 34.43 Feet of said Tract 4, Together with the South 10.0 Feet of the West 210.5 Feet of the East 574.93 Feet of said Tract 4. Boynton Beach v /~z4.J.~ ~,.~, .. ~ P.o. Box310 I~ 'oynton Beach, Florida 33425-0310' city Hag.. (407) 375-6000 FAX: (407) 375-6090 ORB :L ~t~4~ p§ :L ~c~ OOROTHY H. gILKEH~ CLERK P~ COUHTY., FL CER TIFICA TION I, SUZANNE M. KRUSE, CMC/AAE, City Clerk of the City of Boynton Beach, Florida, do hereby certify that attached Resolution #R98-48 dated March 17, 1998 consisting of two (2) pages, Exhibit "A" consisting of one (1) page and a location map 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 18th day of March, 1998. ~U~NE M. KRusE, CMC/AAE City Clerk March 18, 1998 ',\ch~nain~shrdata\cc\wp\general info\c e r t i fi c a t i o n.doc America's Gateway to the Gulfstream MEMORANDUM TO: FROM: DATE: RE: BULENT KASTARLAK, DIRECTOR OF DEVELOPMENT SUE KRUSE, CITY CLERK APRH 6, 1998 RESOLUTION #R98-48 - ABANDONMENT Attached please a copy of the above mentioned utility abandonment easement which was recorded in Palm Beach County on March 23, 1998. C: Engineering Planning Utilities Original to Central Files j :Xshrdata\cc\wpXmemosXkastarlak. doc