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88-BBRESOLUTION NO. 88 ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A TWENTY (20) FOOT WIDE ALLEY RIGHT-OF-WAY RESERVING UNTO THE CITY A UTILITY EASEMENT; THE ALLEY RIGHT OF WAY BEING LOCATED SOUTH OF EAST BOYNTON BEACH BOULEVARD BETWEEN N.E. FIRST STREET AND N.E. SECOND STREET, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID RIGHT-OF-WAY; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AN EFFECTIVE DATE; AND FOR SES. WF~[EAS, Thomas R. Shahady, Esquire, agent for Dr. Douglas J. Love and Ronald Ehster, has requested the abandonment of the hereinafter described Twenty (20) foot wide alley right-of-way; and WHEREAS, comments have been solicited from the appropriate City Departments; and W~EREAS, public hearings have been held before the City's Planning and Zoning Board and the City Commission on the proposed abandonment; and W~EREAS, based on the foregoing information, the said alley right-of-way no longer serves any useful purpose. NOW, THEREFORE, BE IT RESOLVED ~THE~-~~IIS~ON OF THE CITY OF BOIqTrON BEACH, FLORIDA THAT: Section 1: The City of Boynton Beach, Florida, by and through its City Commission, does hereby abandon a certain 20 foot alley right-of-way 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 ~n~il , ~. /~day of take effect ATTEST: ci~ ~rk CITY OF BOYNTON BEACH, FLORIDA Commissioner Commissioner (Corporate Seal) EXHIBIT ,4 A" A strip of land twenty (20) feet wide lying immediately south of Lot 10 and the west twenty seven (27) feet of Lot 9, Block 3, original Town of Boynton Beach, Florida according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 23; the North line of said twenty (20) foot strip beginning at the Southwest corner of said Lot 10 and running east along the South line of said Lot 10 and Lot 9 for a distance of eighty nine (89) feet and there terminating on a line parallel with the East Right-of-Way line of Northeast 1st Street. DISCLAIMER KNOW AT.T. ~ 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 certain 20 foot alley right-of-way, subject to the i 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 WHEREOF, the duly authorized officers of the fl'City of Boynton Beach Florida have hereunto set their hands and affixed the seal of the City this ~ day of /~//~ , 1988· ATTEST: City ~k STATE OF FLORIDA OF PAL BEAC appeared ) ) ss: ) authority, personally ME, the undersigned · 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 seat in the said State and County this ~ day of. /~F/~ , 1988. EXHIBIT "A" A strip of land twenty (20) feet wide lying immediately -south of Lot 10 and the west twenty seven (27) feet of Lot 9, Block 3, original Town of Boynton Beach, Florida according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 23; the North line of said twenty (20) foot strip beginning at the Southwest corner of said Lot 10 and running east along the South line of said Lot 10 and Lot 9 for a distance of eighty nine (89) feet and there terminating on a line parallel with the East Right-of-Way line of Northeast 1st Street.