Boynton Lakes Plat #2
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Boynton Lakes Plat No.2 Abandonment
APPLICANT'S AGENT: Kristen Conti - Jeannie Heavilin
APPLICANT'S ADDRESS: 530 East Ocean Avenue, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 3,2004 AppQoId..on Q-7-04
OQt1.~ o&f-o-ro
TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a utility easement located on
Lot 3 of Block 26 Boynton Lakes Plat No.2,
LOCATION OF PROPERTY: 3 Boswell Place, Boynton Beach, FL
DRAWING(S): SEE EXHIBIT liB" ATIACHED HERETO.
THIS MA TIER came before the City Commission of the City of Boynton Beach, Florida
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
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing 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:
1. Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The AP~nt
_HAS
- HAS NOT
established by substantial competent evidence a basis for the relief requested.
3, 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".
4. The Applicant's application for relief is hereby
L 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 property shall be made in accordance with the terms and
conditions of this order.
7, Other
DATED:
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1 ORDINANCE NO. 04- 070
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT
5 OF A PORTION OF A UTILITY EASEMENT LOCATED
6 ON LOT 3 OF BLOCK 26, BOYNTON LAKES PLAT
7 NO. 2 (ABAN 04-006); AUTHORIZING THE CITY
8 MANAGER TO EXECUTE A DISCLAIMER, WHICH
9 SHALL BE RECORDED WITH THIS ORDINANCE IN
10 THE PUBLIC RECORDS OF PALM BEACH COUNTY,
11 FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, Sara L. Valashinas, through her agents, Kristen Conti and Jeannie
15 eavilin, is requesting abandonment of a portion of a utility easement located on Lot 3 of
16 lock 26, Boynton Lakes Plat No.2; and
17
18 WHEREAS, comments have been solicited from the appropriate City Departments,
19 nd public hearings have been held before the City's Planning and Development Board, and
20 he City Commission on the proposed abandonment; and
21
22 WHEREAS, staff has detennined that the utility easement provides no public
23 ervice; and
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 HE CITY OF BOYNTON BEACH, FLORIDA THAT:
27
28 Section 1. The foregoing Whereas clauses are true and correct and incorporated
29 erein by this reference,
30
31 Section 2. The City Commission of the City of Boynton Beach, Florida, does
32 ereby abandon a portion of a portion of a utility easement located on Lot 3 of Block 26,
33 oynton Lakes Plat No.2, and more particularly described in the attached Exhibit "A." A
34 cation map is attached hereto as Exhibit "B."
35
36 Section 3. The City Manager is hereby authorized and directed to execute the
37 ttached Disclaimer and cause the same to be filed, with this Ordinance, in the Public
38 ecords of Palm Beach County, Florida,
39
40 Section 4. This Ordinance shall take effect immediately upon passage.
41
42 FIRST READING this LL day of A~U~T ,2004.
43
44
:\CA\Ordinances\Abandonments\Abandonement -Boynton Lakes 04-006.doc
1 SECOND, FINAL READING AND PASSAGE TillS _day of
2
3 ,2004.
4
5 CITY OF BOYNTON BEACH, FLORIDA
6
7
8 Mayor
9
10
11 Vice Mayor
12
13
14 Commissioner
15
16
17 Commissioner
18
19
20 Commissioner
21 TTEST:
22
23
24 ity Clerk
25
26
27
:iCA\OrdinanceslAbandonmentslAbandonement -Boynton Lakes 04-006.doc
1
2
3
4 EXHIBIT" A"
5
6 Utility Easement to be abandoned, the west 2,3 feet of the east 6.5 feet Lot
7 3, Block 26, Boynton Lakes Plat No, 2, as recorded in Plat Book 46, Page
8 138, of the Public Records of Palm Beach County, Florida.
9
10 The existing utility easement as recorded in the memorandum of
11 abandonment and relocation of utility easements, in Official Record Book
12 5466, Page 641, of the Public Records of Palm Beach County, Florida.
13 Said easement being a portion of Lot 3, Block 26, Boynton Lakes Plat No.
14 2, as recorded in Plat Book 46, Page 138, of the Public Records of Palm
15 Beach County, Florida.
16
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~ "--Y
1 In. = 100.0 feet
I
BOYNTON LAKES PLAT # 2 LOCATION MAP EXHIBIT flAfI
1
2
3 DISCLAIMER
4
5 KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach,
6 Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon
7 a portion a utility easement located on Lot 3 of Block 26, Boynton Lakes Plat No_ 2, and
8 more particularly described in the attached Exhibit "A",
9 IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
10 Beach, Florida, have hereunto set their hands and affixed the seal of the City this _
11 day of September, 2004.
12
13 ATTEST: CITY OF BOYNTON BEACH, FLORIDA
14
15 Janet Prainito Kurt Bressner, City Manager
16 City Clerk
17
18 STATE OF FLORIDA )
19 )ss:
20 COUNTY OF PALM BEACH )
21 BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
22 Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach,
23 Florida, known to me to be the persons described in and who executed the foregoing
24 instrument, and acknowledged the execution thereof to be their free hand and deed as
25 such officers, for the uses and purposes mentioned therein; that they affixed thereto the
26 official seal of said corporation; and that said instrument is the act and deed of said
27 corporation.
28 WITNESS my hand and official seal in the said State and County this _ day of
29 September, 2004.
30 NOTARY PUBLIC, State of Florida
31 My Commission Expires:
S:ICAIOrdinanceslAbandonmentslAbandonement -Boynton Lakes 04-006.doc
1
2
3
4 EXHIBIT "A"
5
6 Utility Easement to be abandoned, the west 2.3 feet of the east 6,5 feet Lot
7 3, Block 26, Boynton Lakes Plat No.2, as recorded in Plat Book 46, Page
8 138, of the Public Records of Palm Beach County, Florida,
9
10 The existing utility easement as recorded in the memorandum of
11 abandonment and relocation of utility easements, in Official Record Book
12 5466, Page 641, of the Public Records of Palm Beach County, Florida.
13 Said easement being a portion of Lot 3, Block 26, Boynton Lakes Plat No,
14 2, as recorded in Plat Book 46, Page 138, of the Public Records of Palm
15 Beach County, Florida,
16
S:ICAIOrdinanceslAbandonmentslAbandonement -Boynton lakes 04-Q06.doc
...
1 In. I: 100.0 feet
BOYNTON LAKES PLAT # 2 LOCATION MAP EXHIBIT "An
.r .. EXHIBIT "B"
-!Oe.øh ...... tucluir. P,LS. . SURVEYORS HUNDMV IUPfI1
." ......1UfIV1
CONSTRlJCTlON LAre
"
310 8~ FEDERAL HIGHWAY· P.O. BOX 758· BOYNTON BEACH, FLORIDA 33425
BOYNTON BEACH Phone (581) 737.es.48 · Fa. (681) 7U~
\
. ..- ..... . ..
BOYNTON LAKES PLAT NO.2
LOT 3~ BLOCK 26
2.3 FOOT EASEMENT TO BE ABANDONED
. . . -, - ---- ..-- .. _. . - .... ...- ... .... ....
EASEMENT TO DB ABAN1>ONED, THE WBST2.~ FEET OF TIlE BAST 6.5 FEET OF THE
um..ITYEASBMBNT AS RECORDED IN THEMEMORAND{JM OF ABANDONMENT AND
¡ RELOCATION OF UTIL1TY BASEMENTs, IN OFFICIALRBCORD BOOK 5466, PAGB 641,
OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA SAID EASBMBNT
BEING A PORTION OF lOT 3, BLOCK 2.6, BOYNTON LAKES PLAT NO 2, AS RECORDED
IN PLAT BOOK 46, PAGE 26, OF mE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA
.. ..._. .:____ __.____ _.____--~~- ____.._ ._____w ...~.- '.__. '.'
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.'
. CERTIFICATION
. _ ~.;" . . I HEREBY CERTIFY THAT THE DESCRIPTION AND . ATTACHED. SKETCH OF 'DESCRIPTION WERE
. ,.::":,. PREPARED IN ÀCCORDANCE wrm 1HÈ SURVEYING STANDARDS, CHAPTER 610176, FLORIDA
. . "'.' ADMINISTRATION CODE, SET FOURlliBY mE FLORIDA BOARD OFPROFESSlONALSURVEYORS AND
: .,.' . . .."..:. MÁPPERS,PURSUANT TO SECTION 472.027, FLORIDA STA'IUfBS, AND IS mUij AND CORRECT TO 1BE
.: ~ ~':.". BEST OF MY KNOWLEDOEAND BEIJEF, UNlJ3S$ITBBARS mE SIONATURBAND nIB ORIGINAL RAISED
. SEAL OF AFLORIDAUCENSBD SURVEYOR AND MAPPER. TInS DRAWING, SKETCH, PLAT OR MAP IS
FOR INFO TIONPURPOSES ONLY AND IS NOT VALID. .' . .
-
.
..
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'.
NOTE; THIS IS NOT A SKETœOF SURVBY.~NLY LB 2102 Joe Tucker
A GRAPHIC DEPICTION OF THBDBSCRIPTI OWN
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HEREON, mmœHAS BBBN NO FIElD WORK . G
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CONNBcTIONWITH'Ï'HB.PRBPARAttON OF nus:: I '
INFORMATION SHOWNHBRBON.
.
.
Nom; LANDS SHOWNHBRBON WERB NOT ABS'IM.~rm> 21. 8,E, aRD AVENUe ptJone:
Boca (561) 391-4388
FORRIGHl'S OF WAYS BASBMENTS OF RBSBtlV4noks P.O. BOX 7&1 ØQynlon (561) 737-6546
OFRBCORD '. . ...... . BOYN1ON BEACH. FLORIDA334S!i F~ '(561) 734-7546
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EXHIBIT "B"
~ II, TU!Jk«. ".loS: SURVEYORS IOUNIWW IUlWlYI
. . . MOM'8AeIItHWlYI
OONSTRUOTIOH LA yOIf'
219 S.E. 23rd STREET· P.O. BOX 759· BOYNTON B,EACH, FLORIDA 33435
BOYNTON BEACH Phone (561) 737-E1546 · Fax (561) 734·7546
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'. EXHIBIT "B 1"
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. APfIltCAHT JUSTtFlCATIO
. . ,
,
T
The legal description of the sUbject lot is the following:
Lot 3, Block 26, Boynton Lakes Plat No.2, according to the Plat thereof,
recorded in Plat Book 46, Page 148 of the Public RecorClls of Palm Beach
County, FI. (a copy of the plat and survey are submittéd herewith)
The utility easement that is the s~bject of this Abandonment Application was created by
the above referenced plat over the rear of the subject lot, specifically, the easement as
originally created was the East 12 feet of Lot 3, Block 26, Boynton Lakes Plat No.2.
The City adopted Resolution 87- YY on July 23, 1987. This Resolution by Its terms
abandoned the entire 12' easement. Please see exhibit A to the Resolution 87-VY
Page 4 of'4 and you will see that the third legal description from the bottom of this page
is arrhe East 12 feet of Lot 3, Block 26 of said plat Boynton Lak~s Plat No.2 (P.U.D.)"
However, the City approximately 3 months after the adoption of Resolution 87- YY
required the developer, Lennar Homes, Inc., to record· a Memorandum of Abandonment
and Relocation of Utility Easements dated October 29, 1987 which reestablished the
easement to be the East 6.5 feet o~ Lot 3, Block 26.
In 1994 the City issued a permit to construct a roofed 'screened in porch to the rear of
the subject property and issued a final inspecti~n approving its construction. The porch
encroaches 2.2 feet into the remaining easement.
The abandonment request is to abandon an additional 2.3 feet of the remaining
easement to cure the encroachment. This would leave the oriminal easement width at.
4.2 feet 1 (however, see below, remaining easement area is actually 10.7 feet). It Is
re.spectfully requested that the legal description for the abandonment be the following:
"The West 7.8 feet of the East 12 feet of Lot 3 Block 26 Boynton Lakes Plat No.2,
acèording to the Plat thereof, recorded in Plat Book 46, Page 148ft
1. The actual width of the remaining easement is 10.7 feet because In the Memorandum of
Abandonment and Relocation of Utility Easements there was an additional 6.5 foot In width
(length-200 feet) easement created behind Lots 2-5, Inclusive, of Block 26~ The legal
description for this additional easement area Is on the last page of the forgoing Memorandum
and Is the last legal description on that page. Please find attached hereto a Special Purpose
Survey done by Richard L. Shephard ánd Associates dated 6/21104 that shows graphically this
..<ldfttunal e.s f\nJ{ ".aVloerrt alea tðtether with theleø. de88FiptåQR (~II 8110 IhQWI:I 0" th$ '.~
survey submitted herewith). this additional easement area Is not part of the lots referred to, It Is
behind and abuts the lots.
EXHIBIT "C"
Conditions of Approval
Project name: Boynton Lakes Plat No.2
File number: ABAN 04-006
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments:
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments: None X
PRIVATE UTILITIES
Comments:
4. Adelphia: None. X
5. Florida Power & Light: None. X
6, Florida Public Utilities Company: None. X
7, BeUsouth: None, X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD
CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
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