Woolbright Med.Bldg. DEVELOPML.4T ORDER OF THE CITY COMMIS...ON OF THE
- ' CITY-OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Woolbdght Medical Building
APPLICANT'S AGENT: Steven Utrecht, P.A.
APPLICANT'S ADDRESS: 2295 Corporate Drive Suite 211 Boca Raton, FL. 33431
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 7, 2003
TYPE OF RELIEF SOUGHT: Site Plan Time Extension
LOCATION OF PROPERTY: Woolbdght Road & 22"d Street
DRAWING(S): SEE EXHIBIT ~D" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda
appearing 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
THIS MATTER came on to be heard before the City CommisSion of the City of Boynton
Beach, Flodda on the date of headng stated above. The City Commission having considered the
relief sought by the 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
~' 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
)(' GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the properS/shall be made in accordance with the terms
and conditions of this order.
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DATED: t-lO-O..3 %~ "'.. 4,~ o~:~'~'~.
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Location Map
WOOLBRIGHT MEDICAL BUILDING
EXHIBIT "A"
~i PCD
C3
O w..~,
o. XHIBIT
Pal~ Beach County, Florid
RETURN TO:
LAKE WORTH DRAINAGE DISTRICT
13081 Military Trail
Delray Beach, FL 33484
PREPARED BY:
MARK A. PERRY
PERRY & KERN, P.A.
50 SE Fourth Avenue
Delray Beach, FL 33483
JOINT USE EASEMENT AGREEMENT
THIS AGREEMENT entered into this _j_.~of ~ ~ 2002, by and
between LAKE wORTH DRAINAGE DISTRICT, a Special Taxing District in the State of
Florida, whose mailing address is 13081 Military Trail, Delray Beach, Florida 33484,
hereinafter referred to as 'DISTRICT", and WOOLBEIGI'rI' CORP. OF BOYNTON
BEACH, a corporation existin$ under the laws of the State of Florida, whose mailing
address is 9776 South Military Trail, Suite D2, Boynton Beach, Florida 33436, hereinafter
referred to a~ 'LAN DOWNER'.
WHEREAS, LANDOWNER is the owner of certain property located in Palm Beach
County, Florida, adiacent to the DISTRICT'S Lateral Canal No. 26; and
· WHEREAS, DISTRICT owns, controls and maintains that canal identified as Lateral
Canal No. 26, which is upon and within that property owned by LANDOWNER; and
WHEREAS, the parties desire to enter into a Joint Use Easement Agreement over, on
and upon that property ('hereinafter referred to 'Easement Area') as more particuiarly
described on Exhibit 'A' attached hereto and made ;~ part hereof.
NOW, THEREFORE, for Ten Dollars ($10.00) and other §oDd and valuable
considerations, received by each party from the other, it is hereby asreed as follows:
1. The above recitals are true and correct and incorporated herein by reference.
2. LANDOWNER shall, concurrently with the' execution o~ this Joint Use
Easement Agreement, execute and deliver to the DISTRICT an exclusive Easement over, on
and upon that property as more particularly described in Exhibit "B', subject to the terms
and conditions of the subject Joint Use Easement Agreement.
9&.6706P.O ~
'3. LANDOWNER shall install landscaping pursuant to the plans prepared by
Everett H. Jenner, AIA, for Job No. 2.0006 - Woolbright Medical BuiJding, and approved by
DISTRICT February 14, 2002.
4. LANDOWNER shall be responsible for obtainin?~ the necessary permits from
the appropriate governmental agency for the construction of the project.
5. LANDOWNER shall indemnify and hold harmless the DISTRICT for any and
all damages that may be caused by the DISTRICT to the landscaping, while exercising its
responsibilities and obligations of the maintenance of its drainal~e system.
6. LANDOWNER agrees to indemnify and hold the DISTRICT harmless of an6
from any and all liability which the DISTRICT may or could susta'm as a result ~
LANDOWNER'S use of the Joint Use Easement Area, including but not limited to, damage
or injury to the public or to the Canal structure itself.
7. LANDOWNER shall insure the DISTRICT against any and all liabilities by a
general liability poiiEy naming the LAKE wORTH DRAINAGE DISTRICT as an additional
named insured in the amount of ONE MILLION DOLLARS ($1,000,000.00), and that such
insurance policy shall be kept in full force and effect during the term of this Agreement and
the expenses of same shall be borne by LANDOWNER or its successors and/or assigns. Proof
of such coverage shall be delivered to the DISTRICT within (30) days prior to the annual
, renewal date of the policy. In the event LANDOWNER allows said insurance policy to
expire, this Joint Use Easement Agreement shall be terminated, and there will be a fee of
THREE HUNDRED DOLLARS ($300.001 to have said Agreement reinstated.
B. DISTRICT shall have the right to approve in writing the successors and assigns
of transfer of any rights or conditions contained in this Joint Use Easement Agreement, which
approval shall not be unreasonably withheld.
9. Notices in conjunction with this Ar, reement shall be sent by mail to the
following addresses unless notified to the contrary:
Lake Worth Drainage District
LWDO: 13081 Military Trail
Delr~y Beach, FL 33484
Copy to:
Mark A. Perry, Esq.
50 S.E. Fourth Avenue
Delray Beach, FL 33483
2
98~6706P.0 ~
561~959~
$~5 PP~E 14B1
EXHIBIT "B"
LANDOWNER:
Woolbright Corp. of Boynton Beach
9776 South Military Trail, Suite D2
Boynton Beach, FL 33436
IN WITNESS WHEREOF, the parties have hereunto executed this Joint Use Easement
Agreement the day and year first above written.
WITNESSES:
LAKE W~;DfC~/O EAI NAG ~.~TR I CT
Andy Ed~y'a'~, P~r~ident
13081 ~,tili~y Trail
Delra~ch, FL 33484
Attest:
' ,3'rail
13081 Military
Delray Beach, FL 33484
(1) Witness Signature
Prin~d Name of Witnms
(2) Witness Signature
Printed Name of Witness
[Seal]
98-6706P.01
4nted' I(lame and Title
Post Offic~ddress
EXHIBIT "B"
STATE OF FLORIDA '
COUNTY OF PALM BEACH :
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments, personalty appeared ANDY EDWARDS and
WlLLLIAM G. WINTERS, the President ;tnd Secreta~/ respectively, of the LAKE WORTH
DRAINAGE DISTRICT, both of whom acknowted§ed execution the foregoin§ instrument, are
known to me, and did not take an oath.
WITNESS .my hanoi and official seat in the County and State la~ aforesaid this the
/7 day of .. ~.~,~ .. 2002.
NOTARY SEAL OR STAMP
STATE OF FLORIDA '
COUNTY OF PALM BEACH :
I HEREBY CERTIFY that on this day, before me, an oMcer duly authorized in the State
, and County aforesaid to take acknowled§ment~, personally appeared
_, the President of WOOLBRIGHT CORP. OF BOYNTON BE. ACH.'
He/She is personally known to me or has produced
~s identification, and who did (did not) take an oath.
WITNESS my hand'and official seal in the County and State l~st aforesaid this the
_.._~.__day of ,,,~_~t ,2002.
NOTARY PUBLIC
NOTARY SEAL OR STAIv~P
98-6706P.01
4
25/~_802 14:18
SKETCH D,:.;SCR1P TION
CANAL , ,o.o'
r~r LAKE ~O~'TH7
Wi%Ren, Clerk
i m
SC,aLE: 1°-- 20'
NO TEE:
TH~ IS NOT A SURVEY
~ ,m CENTERLINE
THE NORTI4 L~IE OF PARCEL L
I$ ASSUMED TO 8EAR N. 8a'OO'52'E.
DESCRIPTION:
THE SOUTH 10 FEET OF THE NORTH
2.0 F'£~T OF PARCEL L. PLA T
TENTH SECTION PALM BEACH
LEISUR~VSLL~. CITY' OF BOTNTON
8EACH. F'L. ORIOA. AS RECORDED
PLA T BOOK $0. PAGES 129. THROUGH
141. EVCLUSIVE. OF' THE PUBLIC
RECORDS OF' PALM BEACH COUNT'f.
FI.. ORID A.
' "';'.EXHIBIT
~ .... SHEET
-~'u'Z .o. ~.~. : _~Y~_ L___
SUrVeYOR AND ~A~R
., ,'~: ..-,.
DA T~: "0~. 1~ 200I _
O'BR~N, S~TER
CERT~ICA TE ~ AU~RIZA TION
S~VEYOR A~ MAPPER ~ RES~NSmLE[
2601 NOR~ ~ERAL ~HWA
O~A Y ~CH ~0~. ~348~ .....
~~~61]' 732-~279
z5/£602 1~:19 561d959634
R~rURN TO:
/~AKE WORTH DRAINAC;E DISTRICT
11081 Military Trail
Oeiray Beach, FL 33484
Illll II III '~ ~ II III Jl III I Iii I III II III I1 I11 I1 III I III
EXHIBIT "B"
OR BK 13GL:~ ~ 1
;'aim ~aach County~ rlo?lda
pREPARED BY:
N4ARK A. PERRY, ESQ.
Perry & Schone, P.A.
50 Fourth Avenue
Delray Beach, FL 33483
PCN
EASEMENT DEED
'~ of ~g~'~ i_, 2002, by and between
THIS EASEMENT DEED, made this .-I day
WOOLBRIGHT CORP. OF BOYNTON BEACH, a corporation existing under the laws of the
State of Florida, party of the first part, and LAKE WORTH DRAINAGE DISTRICT, a Special
Taxing District of the State of Florida, party of the second part, whose mailin§ address is
13081 Military Trail, l:)eiray Beach, Florida 33484.
WITNESSETH: That paW/of the first part, for and in consideration of the sum of TEN
($10.00) DOLLARS, and other good and valuable consideration to it in hand paid, receipt of
which is hereby acknowledged, has granted, bargained and sold, and by these presents does
grant, bargain, sell and release unto the party of the second part, its successors and assigns, a
· non-exclusive easement for the purpose of providing right-of-way for use as a canal and canal
related purposes incJuding but not limited to the use of same for ingress and egress purposes,
-excavation, removal of vegetation, irrigation, water control structures, berm and areas for.
maintenance and deposit of spoil, all quasi-utility type purposes and for any such other
purpose thereunto related or in anywise appertaining; over, across, through and upon, under
or 'within that parcel of land located in Palm Beach County, Florida, described .on ExhibLt
"A" attar;tied hereto and made a part hereof as if recited at length.
First party shall grant no other easements, erect no building or effect any other kind of
construction or improvements upon the property described in Exhibit "^".
Party of the first part does hereby specially warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claiming by, through or under it,
that it has good right and lawful authority to grant the above described easement- Where the
context of this easement deed allows or permits, the same shall include the successors or
assigns of the parties.
THIS F..ASE/v~ENT DEED IS SUBJECT TO that Joint Use Easement Agreement entered into
between Lake Worth Drainage District and Woolbright Corp. of Boynton Beach, which
provides for certain rights for usage to Woolbright Corp. of Boynton Beach.
98.6706P.01
· -~00~ 14:18 5614959~- L~KE WOPTH DP~It~' ~ ~
: O EXHIBIT "B"
IN WITNESS WHEREOF, party of the first part has caused this instrument to be executed in
its name by its undersigned, duly authorized officers, and its corporate seal to be hereunto
affixed, the day and year first above written.
Signed, sealed and delivered
in ~i;~esence of:
(1) Wit~ess $i§natut~
Prin~ Name
(2~ Wimps Sign~um
Printed
[Seal]
STATE OF FLORIDA -
· COUNTY OF PALM BEACH :
I HEREBY CERTIFY that on this day, before me, an officer duty authorized in the State
· and County aforesaid to take acknowledgments, personally appeared
the President of WOOLBRIGHT CORP. OF BOYNTON
, BEACH. He/she is personally known to me or has produced
as identification, and did (did not) take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this the
day of ~,,'~ '~' ,2002.
.S
NOTARY PUBLIC
Notary Stamp or Seal
98-6706P.0 ~
· 2882 1~:18 5~!~95~ LmKE WORTH DRaI' ]
· SKETCH~A~'~6(-~ ~~L)ESCRIP TION ~ ,
Cle~'k
EXHIBIT "8"
SCALE: t' = 20'
_~%_CA NA. L_
OT LAKE WORTH
,~ /NA G £ OrS TR/C T)
10.00'
N. $'0240
$. W. 22ND
~RDER NO.
40.0'
$ TREE T
D£$ C~o T/ON:
rN£ NO~TH ~0 FEET OF' PARCEL t.
PLA r O~ rgN~ SEC~ON PALM BEACH
8~ACH, ~OR~A, AS RECO~D ~
PLA T BOOK JO, PAGES I2~ ~OUGH
14[ ~CLU~E, O~ THE PUBUC
RECORDS OF PALM 8~ACH COUNTY,
FL
UL D,.:'£NGL:E- ' ~' '
DA TS: OCT. 77. 2001
c&~r~c~ ~ or aur~o~i~ nON ~La~53
CHARGE' PA~ O. EN~E
260~ NORTH FEDERAL HIGHWAY
EXHIBIT "C"
Conditions of Approval
Project name: Woolbright Medical Building
File number: SPTE 02-002
Reference: Site Plan Time Extension
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
Comments: None X
POLICE
Comments: None X
ENGINEERING DMSION
Comments: None X
BUILDING DMSION
Comments: None X
PARKS AND RECREATION
Coraments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLAaNNING AND ZONING
Comments:
I. Applicant must submit a request to Palm Beach County Traffic Engineering X
reauestin~ an extension to the "Build-out Year" to 2003 for
conCUlTenC~'
Conditiom of Approval
2
DEPARTMENTS INCLUDE REJECT
approval. Approval must be obtained prior to issuance of a building permit.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. ~ /~ ti
S:~Planning\SHARED\WP\PROJECTS\Woolbdght Medical Building (Freeman)~SPTE 02-002\CO~,.doc