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R97-130RESOLUTION NO. R97-/,~::~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A FIFTEEN FOOT WIDE UTILITY EASEMENT LOCATED WITHIN THE SHOPPES OF BOYNTON SHOPPING CENTER, AT THE NORTHEAST CORNER OF CONGRESS AVENUE AND QUANTUM; 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, David Drobner of Katz, Barron, Squitero, Faust & Berman, agent for Draper and Kramer of Florida, Inc., the owner of Shoppes of Boynton, has requested the abandonment of a fifteen (15). foot wide utility easement located within the Shoppes of Boynton shopping center atthe Pollo Tropical restaurant site, at the northeast corner of Congress Avenue and Quantum Boulevard; 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 fifteen (15) foot wide utility easement located located within the Shoppes of Boynton shopping center at the Pollo Tropical restaurant site, at the northeast corner of Congress Avenue and Quantum PoBo Tropical L~i~[¥ Easeme~ 7/25/97 Boulevard, 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. passage. This Resolution shall Cake effect immediately upon PASSED AND ADOPTED this ~ day of August, 1997. ATTEST: ~ity Clerk Mayor ~-_ ~ --~ Vi~gMayor Comm[ssionor~_ Pollo Tropical Utility Easement 7125t97 . fi-- · ~ ' DESCRIPTION ~' · ~ 'A strip of land 15.00 ~l&' Sect}on ~7, To,ship 45 South, Rs,ge 43 East. The ooun~ary of said 15.00 ~oo~ strip lying ~.50 fee~ on each side of ~he ~ollowing described cen~erline, being more particularly .described ae O.C. )I1~1' OP ~ O.B. )INT OF B~XNNII~ .O.T. )INT OF 'rl[~llN~ ~v~.= S.01O43.35"W. Commencing at the west ~ua~te~ corner of said Section 17, thence N.89 08 39 E., along the. east/west quarter line of said Section 17 a ' distanc~ of 60.06 £eet to a p~int on the'east righ~-o£-way line of Congress Avenuer thence S*01~43'35"W., along the east right-of-way line of Congress A¥.enue a distance of.355.15- feet ; thence S.44o33,53,,E., alohg the north- easterly right-of-way line of Quantum Boulevard &s recorded in Plat Book §7, Pages 180 and 181 of the Public Records of Palm Beach County, Florida, a distance of 36.14 £eet~ thence N.89Oos,39.E., along the north right-of-way line of said Quantum Boulevard a distance of 126.2! ~eet~ thence N.00°~I~2~"W., a distance of I25.35 feet~ thence N.30°07~37~W,, a distance of 14.85 £eet to the Point of B~g~n~ng~ thence continue N.30o07~37-W.', a d~stance of 54.58 ~eet; thence N.0oO§~,21.W., ~'d~stance'of 80.00 feet~ thence N.89o08,39.E., a distance of 39.99 ~eet to a Point of Termin=s. Said lands situate, lying and being in Palm Beach County, Florida. 2963 I1-4-96. NOTE: Not t..o scaZe ~ 0~' ~ :" t9 Iketoh Is !11o - UPUAILR end/er rlE¥1SlOlt$ . _ .... ~le.ed e.d llmU. tl£-OAIt?l!lt It AD~DOIAI'~ t - I , -a,,roolee ~ot ll~hl-bl-WO~ and/of Boynton Beach 100 E. ~ynton Beach Boulevard ~ P.O. Box310 Boynton Beozh, Florida 33425-0310 City Hall' (561) 375-6000 FAX: (561) 3 75-6090 ~ug-14-199712:84pm 97--289420 ORB 9937 P§ 1917 CERTIFICA TION I, Suzanne M. Kruse, City Clerk of the City of Boynton Beach, Florida, do hereby certify that the following mentioned and attached items are true and correct originals and copies as they appear in the records of the City of Boynton Beach, Florida. Copy of Resolution #R97-130 Copy of sketch and legal description Original Disclaimer Copy of sketch and legal description 2 pages 1 page 2 pages 1 page WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, this 8th day of August, 1997. City Clerk August 8, 1997 \\ch\main\shrdata\cc\wp\general info\c e r t i f i c a t i o n.doc America's Gateway to the Gulfstream _,urn to: (enclose self,addressed stamped envelope) Name Address: ORB 9~=J37 Pg DOROTHY H. WtLKEN, CLERK PB COUNTY, FL [ Property~,,~ J -~ U ~k,~ LApPraisers Parcel Identification (Foliol~ll~,~.~ ~ ~ H'Number(s): aJ ~~NC ASSOCI,",TES, LAI, iO SUnVEYORS LAND PLAI, iI, II[t'IS , "~-~'i ' 405 $.E L~ll~ AVl[. (.gogTII FEDERAl. IlIOIIWA¥! PlIONE 13051 2B~-Iglo DELRAY ~ACll, FL;ORIO/~ 3';~444 :., ' ' OF C~ POINT OF ~EGINNIt~ OFTE~ B~SIS.- 01043,35"W. -- SECTION R~ ~ RI~.tT OF PT. = PO17~T SHOP -- --RECORDER'S MEMO: LegibiJi~ of document unsatisfactory when received. DESCRIPTION: A strip of land 15.00 feet in width lying in Section 17, Township 45 South, Range 43 East. The boundary of said 15.00 foot strip lying 7.50 feet on each side of the following described centerline, being mere particularly .described as follows: Commencing at the west ~uarter corner of said Section 17, thence N.89"08,39,,E., along the. east/west quarter line of said Section 17 a distance'of 60.06 feet to a p~int on the east right-of-way line of Congress Avenue; thence S.01°43'35"W., along the east right-of-way line of Congress A¥,snue a distance of.355.15- feet ; thence S.44°33,53,,E., alohg the north- easterly right-of-way line of Quantum Boulevard as recorded in Plat Book 57, Pages 180 and 181 of the Public Records of Palm Beach County, Florida, a distance of 36.14 feet; thence N.89°OS,39,,E., along the north right-of-way line of said Quantum Boulevard a distance of 126.21 feet; thence N.00°51'21"W., a distance of 125.35 feet; thence N.30°07'37,W~, a distance of 14.85 feet to the Point of Beg[~n{ng; thence continue N.30°07'37"W., a distance of 54.58 feet; '~hence N.OO°5~,21,,W., ~'distance'of 80.00 feet; thence N.89°08,39,,E., a distance of 39.99 feet to a Point of Terminus. Said lands situate, lying and being in Palm Beach County, Florida. Tie u.de,el~lned and Blltl.~l~ {3Atari:Il ~ Ag~oCtAl'~9, lt40. make ho {~t,tlghle-d-~y,~el ~ ~e,tess,~ff~s,~le~le ~d ~het tl~ mall~rt L~ee e. Ow..e,eo. were .et obtlrdeled fm II,hi-fi-way and/of sem~t~ of te~m~.' · - ORB 993? Pg ~-'~--~' 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 utility easemenl, located within the Shoppes of Boynton shopping center at the Pollo Tropical restaurant site, at the northeast corner of Congress Avenue and Quantum Boulevard, 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 the seal of the City this ~' day of August, 1997. Kruse, Gerald Tf~C/lor, Mayor OF FLORIDA )SS: COUNTY OF PALM BEACH ) BEFORE ME, 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 Pollo Tropical Uti#ly Easement 7/25/97 ORB 9937 Pg 1922~ 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 ~/ff~day of August, 1997. NOTARY PUBLIC, State of Florida My Commission Expires: . My Co~monExp ~I05/2 ' ' ~tttttttdttttttttdttttL4~tL~/dlf/tA~ ~, Pollo Trooical Utility Easement 7/25/97