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88-CCCRESOLUTION NO. 88~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A TEN FOOT WIDE ALLEY RESERVING UNTO THE CITY A UTILITY EASEMENT; THE ALLEY RUNS WEST 110 FEET FROM N.E. 3RD STREET APPROXIMATELY 120 FEET NORTH OF BOYNTON BEACH BOULEVARD, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAIDROAD ALLEY; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC OF PALM BEACH COUNTY, FLORIDA; AN EFFECTIVE DATE; AND FOR WHEREAS, Robert A. Bentz, as agent for owner of said property, has requested the abandonment of the hereinafter described Ten (10) foo~ wide alley; and WHEREAS, comments have been solicited from the appropriate City Departments; and WHEREAS, public hearings have been held before the City's Planning and ZOning Board and the City Commission on the proposed abandonment; and WP]RREAS, based on the foregoing information, the said alley no longer serves any useful purpose. NOW, TPY~.REFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1: The City of Boynton Beach, Florida, by and through its City Commission, does hereby abandon a certain ten (10) foot alley subject to the reservation of a utility easement in favor of this City, located in the City of Boynton Beach, Florida, attached hereto as Exhibit "A". 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 immediately upon passage. PASSED AND ADOPTED THIS ?~ ~ of take effect ATTEST: city (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Acting ~ayo~ Commissioner Commissioner EXHIBIT "A" Being that portion of the 10 foot wide alley lying between Lots 7, 8 and 9, ARDEN PARK, ADDITION TO BOYNTON, FLORIDA, as shown on the Plat thereof recorded in Plat Book 2, Page 36, Public Records of Palm Beach County, Florida. Said alley bounded on the north by the south line of said Lot 9; on the south bY the north lines of Lots 7 and 8; on the east by the westerly right-of-way line of N.E. 3rd Street and on the west by the east line of Lot 1, C.W. COPPS ADDITION TO BOYNTON, as shown on the Plat thereof, recorded in Plat Book 7, Page 56, Public Records of Palm Beach County, Florida. DISCLAIMER ~'- .KNOW ~L~-ii~R'N BY THESE PRESENTS that the City of Boynton Beach~ Flor~ida, a municipal corporation, under the laws of the State of Florida, does hereby abandon and disclaim a certain 10 foot alley, subject to the reservation of utility easement rights in favor of the City of Boynton Beach, situated and located in Palm Beach County, Florida, attached hereto as Exhibit "A". IN WITNESS WN~RREOF, 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 ~~-/;~-/f , 1988. ATTEST: 'City' ~Cl~/ STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) SS: BEFORE ME~ the undersigned authority, personally appeared _ ~~/~/~ /~~~ and ~7-~.~/~// ~ 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 said corporation. WITNESS, my hand and official seal in the said State and County this day of ~2-~5~~F , 1988. Florida EXHIBIT "A" Being that portion of the 10 foot wide alley lying between Lots 7, 8 and 9, ARDEN PARK, ADDITION TO BOYNTON, FLORIDA, as shown on the Plat thereof recorded in Plat Book 2, Page 36, Public Records of Palm Beach County, Florida. Said alley bounded on the north by the south line of said Lot 9; on the south by the north lines of Lots 7 and 8; on the east by the westerly right-of-way line of N.E. 3rd Street and on the west by the east line of Lot 1, C.W. COPP$ ADDITION TO BOYNTON, as shown on the Plat thereof, recorded in Plat Book 7, Page 56, Public Records of Palm Beach County, Florida. RECORD VERIFIED PALM'BEACH COUNTY, FLA JOHN B. DUNKLE CLERK CIRCUIT COUI:~T