R98-089RESOLUTION NO. R98-~'?
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING ABANDONMENT
OF A TEN FOOT (10') SPECIAL PURPOSE
EASEMENT LOCATED AT 1730 NORTH
FEDERAL HIGHWAY; 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, Jean-Philippe Gaudree, agend for Ronnard, Inc., and
Marc Perron, owners, has requested the abandonment of a Ten Foot (10')
wide Special purpose easement located at 1730 North Federal Highway;
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 special
purpose easement to be abandoned no longer serves any useful purpose.
NOW, THEREFORE, BE IT RESOLVED BYTHE 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 Ten
Foot Wide (10') special purpose easement located at 1730 North Federal
Highway 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. This Resolution shall take effect immediately upon
passage.
PASSED AND ADOPTED this ~' day of May, 1998.
~/,j~~~)ice Ma orj ~, .~
/Hayor Pro Tern '
.~mmissioner
Commissioner
ATTEST;
Clerk
s:ca\Re. Se,'~donment\Benevenu[o Special Purpose Aband
EXHIBIT "A"
A 10 foot strip of land whose center line is commencing at a point
on the North property line of Lot 16 at a distance of 160.90 feet east of the
U.S. Highway No. i east right-of-way line. Said point also being 481.59 feet
west of the southerly extended center line of Palm Way, originally a publicly
dedicated roadway established on the plat of W.S. SHEPARD'S SUBDIVISION
of Lots 13-14-15 of SAM BROWN ]:R's. SUBDIVISION, Book 8~ Page 8
relocated to present location as described in Deed Record Book 875, Page
535. Said Plat and Deed thereof on file in the office of the Clerk of the Circuit
Court in and for Palm Beach Count, Florida. Said 10 foot strip of land
extends in a southerly direction a distance of 525.76 feet to a point on the
south property line of Lot 18 a distance of 230.90 feet east of U.S. Highway
No. i east right-of-way line.
s:ca\Reso\Abandon ment\Benvenuto Easement
Grand Park Utility Esement
LOCATION MAP
.3ENVENUTO'$ RESTAURANT
· I=IE
'0
1/8 M~'-
J~n-18-1998 01:40p~ 98--231454
ORB 10470 P§ 145
Illllllill IIIiiii IIIIlll ~ ilii1111~ ~111~1 II1~ IIIII
RESOLUTION NO. R98-~'?
'~ F~OLUTION OF THE CITY COMMISSION
H~ THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING ABANDONMENT
OF A TEN FOOT (10') SPECIAL PURPOSE
EASEMENT LOCATED AT 1730 NORTH
FEDERAL HIGHWAY; BEING MORE
PA RTICULARL¥ DESCRIBED I N EXHIBIT "A"
ATTACHED HERETO; AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A
DISCLAIMER FOR SAID ABANDONMENT;
.PROVIDING THAT THE ATTACHED
DISC~IMER BE RECORDED IN THE
PUBLIC RECORDS OF PALM BEACH
COUNTY; AND PROViDiNG AN EFFECTIVE
'DATE.
WHEREAS, Jean-Philippe Gaudree, agend for Ronnard, Inc., and
Marc Perron, owners, has requested the abandonment of a Ten Foot (10')
wide Special purpose easement located at 1730 North Federal Highway;
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 special
purpose 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 Ten
Foot Wide (10') special purpose easement located at i730 NoAh Federal
Highway as depicted on the attached Exhibit "A", located in the City of
Boynton Beach, Florida.
ORB 10470 PO . i
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 i:n the Public Records of Palm Beach County, Florida. ,
Section 3. This Resolution. shall
PASSED AND ADOPTED this
__ day of May,
OF
s:ca\R~l~onment\Benevenuto Special Purpose Aband.
...~'~',~a,~~''''~ ~9.~." ~
~, FLOta ~llllllllilllii~
)r Pro Tem
/~:'~mmissioner
Commissioner
ORB 1ga471ZI P§
lZF7
EXHIBIT "A"
A 10 foot strip of land whose center line is commencing at a point
On the North property line of Lot 16 at a distance of 160.90 feet east of the
U.S. Highway No. 1 east right-of-way line. Said point also being 481.59 feet
west of the southerly exte.nd~:d center line of Palm Way, originally a publicly
dedicated roadway established on the plat of W.S. SHEPARD'S SUBDIVISION
of Lots 13-14-15 ~f sAM BROWN .1R's. SUBDIVISION, B°ok 8, Page 8
relocated to present location as described in Deed Record Book 875, Page
535. Said Plat and Deed thereof on file in the office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida. Said 10 foot strip of land
extends in a irection a distance of 525.76 feet to a point on the
south proi Lot 18 a distance of:230.90 feet east of U~S. Highway
No. 1 east right-of-way line.
s:ca\Reso~Abandonme~t~Benvenuto Easement
Grand Pa~ Utilily Esermmt
LOCATIONM~~~~, '~ - '
BENVE UTOS RE
RE
,o
Ill
118
MILES
ORB 10470 PI]
149
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City
of Boynton Beach~ Florida, a municipal Corporation, under the"aws of.the
State of Florida; does herebY abandon and' disclaim a Ten Foot (10') Wide:
special purpose easement, located at 1730 North Federal Highway, and
more particularly described in Exhibit "A" attached hereto.
]:!~. W:iTNESS~-wHEREoF, 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 May, 1998.
A'FI-EST:
SuA'anne KrUse,
City Clerk
STATE OF FLOP~DA
COUNTY OF PALM BEACH
c~-rY OF BOYNTON BEACH, FLORIDA
'.- GeralO:'Tay/l/~' iVlayorZ
)
)SS:
)
BEFORE I~IE, 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 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
ORB 10470 P§ 150
said corporation.
WTTNESS my hand and official seal in the said State and County this
day of May, 1998.
(~)TARY P(JBLIC, State of Florida
Commission ~pires:
ORB 1 IZI,~.T{~I Pg
151
EXHIBIT "A'
A 10 foot strip of land whose center line is commencing at a point
on the North property line of Lot 16 at a distance of 160.90 feet east of the
U.S. Highway No. I east right-of-way line. Said point also being 481.59 feet
west of the southerly extended center line of Palm Way, originally a publicly
dedicated roadway established on the plat of W.S. SHEPARD'S SUBDIVISION
of Lots 13-14-15 of SAM BROWN _lR's. SUBDIVISION, Book 8, Page 8
relocated to present location as described in Deed Record Book 875, Page
535. Said: Plat and Deed thereof on file in the office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida. Said 10 foot strip of land
extends in a southerly direction a distance of 525.76 feet to a point on the
south p~operty line of Lot !8 a ~distance of 230.90 feet east of LI.S. Highway
No. I east right-of-way line.
s:ca\Reso~,bandon ment\Benvenuto Easement
Grand Park Utility Esement
Boynton Beach
100 E./B/oynton Beach Boulevard
i L// ~.0. Box310
Boyn-ton Beach, Florida 33425-0310
I CityHal~ (561) 375-6000
~:AX: (5'61) 375-6090
~ 10470 Pg 1
DI:~THY H, HIL~I~ CLER~ PI3 I:~NTY~ FL
CE R TIFI CA TI 0 N
I, JANET PRAINITO, DEPUTY CITY CLERK of the City of Boynton Beach,
Florida, do hereby certify, that atmc~ed Reso_~t~on ~R98-89 consisting of~vo pages
and Exhibit "A" consisting 2 pages plus the-original disclaimer consisting of two
pages and Exhibit "A" consisting of I page are true and correct copies as they
appear in the records of the City of Boynton Beach, Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH,
FLORIDA, this 28th day of May, 1998.
NITO, DEPUTY CITY CLERK
~ay 28, 1998
\\chXmain\shrdata\cc\wp\general/nfo\c e r t i f i c a t i o n.doc
America's Gateway to the Gulfstream
LOCATION MAP
3ENVENUTO'S RESTAURANT
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1/8
MILES
II
i i /
/
EXHIBIT "C"
EXHIB IT "D"
EXHIBIT "D"
Conditions of Approval
Project name: Benvenuto Restaurant
File number: ABAN 98-003 (utility easement)
Reference: Abandonment application dated April 1, 1998.
DEPARTMENTS I rNCLUDE I REJECT
PUBLIC WORKS
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
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD cONDITIONS
1. None X
I
ADDITIONAL CITY COMMISSION CONDITIONS
2. To be determined. I I
Pome
s:\projects~,ond of appfi
1100 Northpoint Parkway - Suite 200
West Palm Beach, F133407
Friday, April 03, 1998
Cindy Leon
Office Manager
Benvenuto Restaurant
1730 N. Fed Hwy.
Boynton Beach, Fl 33435
RE: Easement Abandonment: ORBook 2239 Pg. 1113
1730 N. Fed Hwy., Boynton Beach / PBCounty, Fl
Dear Ms. Leon:
In reviewing your request on the above ref. project, Comcast has no objections
nor conflicts with your proposed plans on the above abandonment and does not encroach
omo our easements or otherwise imerfere with the provision of service to our customers.
Should you have any other questiom, please feel free to call me at 1-561-227-7743 / Fax
Numbers- 1-561-227-7746 / e-mail leonard_maxwell~comcast, eom.
Sincerely,
Leonard Maxwell
Permit Adjusto~
04/03/~8 3:51:40 PM
cc: Joe Casasanta- Director of Technical Operations
Scott Swendner - Project Mmmger
Dom Aumais - Construction Coordinator
Jim Jones -Construction Coordinator
Lira Leverette -Project Coordinator
Noah Darby- Engineering Coordinator
Boynton Beach Draw
File
MEDIA COMPANY
3020 High Ridge Road SUite 200 · Boynton Beach. FL 33426 · Phone (561) 588-8336
TO:
FROM:
DATE:
SUB/I/CT:
Mr. Albert C. Nelson, P.E.
Nancy IL Yanofsk7
April 6, 1998
ABANDONMENT OF F__J~F.2vIElqT ORB 2239- PG. I 113
This is to inform you that Tele-Mexlia Company does not have cable in the location stated in
your letter on Federal Highway.
Should you require further h~f'ormafion, please do' not hesitate to contact me.
PUBLIC
UTIL S COMPANY
P O Box 3395
West. Palm Beach.
FL 33402-3395
April 22, 1998
FAX. ED TO: 734.1248
Cindy Leon
Benvenuto Restaurant
1730 N. Federal Hwy.
Boyntcn Bcack FL 33435
Easemen~ Abandonment
ORB 2239, Page 1113
Dear Ms Leon:
Please be ach,5~¢d tnt! Florida Public Utilities Company has no objection to the abandonment of:he
existing easement described in your le~er.
At the present time, we l~ve no underground gas distribution facilities located within the limits of the
proposed abandonme,~t.
Sincerely,
David £. Pelli¢o
Division Engioeer
~PR-06-98 NON 05~04 PN ~DELPHIR
595 S.W. 4th Ave
Delray Beach, FL 334,~4
Fax ($61) 272~8776
FRX NO,
561 278 9322
O1
April 6, 1998
AIDert (5, Nelson
International Engineering Associates,lnc,
Royal Palm Plaza
315 SE Mizner Blvd. Suite 200
Boca Raton, Fl. 33432
RE: ABANDONMENT OF EASEMENT
ORB 2239 Pg.1113
DEAR MR. NELSON:
Piea=e concider thio Adelphia'e letter vr ",,u ubjuctlon" to the at3ove referenced
abondanment.
If you have an7 questions, please contact me att 561-272-2522.
Jeannine McEnroe
Construction Supervisor
15:19
NELSON
3Gg22~5
AssoCIATES
40?
361
o4,~o6/98.
p.02
TO WHOM'IT MAY' CONCERN,,.' ." '
, · · . ..,' "-.. '- ' !' ' :... :..i.' '. ,' ~ ',-,:'., . '."' . .'" "" "'.
~i,~;C~E(~'~)~e~.'.'. ,.:.',' '::": ' :'.. ' . :' ,: ::'" --":'~:
@: BELL SOUlTH
BellSouth Telecommu,[cafion$, Inc,
Ftoo[,', 501
April 9, 1998
To Whom It May Concern
Benvenuto Restaurant
1750 N. Federal Highway
Boynton Beach, FL
!~81 837-63h!~
Fax 551 f133-gf198
Pnqcr .~61 885-~220
PLAI' NtNG AND
ZONING DEPT.
RE:
Easement Abandonment
ORB 2239 Pg. 1113
Dear Sir or Madam:
BellSouth has no facilities in the above referenced easement nor are there plans to
place any facilities in the easement. Therefore, we have no objection to this
abandonment.
If you have any questions, please contact Larry Mayemik at 561-837-6404.
Yours truly,
Director
LFM:ds
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Benvenuto Restaurant
APPLICANT/AGENT: Jean Philippe Gaudre6
APPLICANT'S ADDRESS: 2936 N.W. 24~h Terrace, Boca Raton, FL 33431
DATE OF CITY COMMISSION PUBLIC HEARING: 5/5/98
TYPE OF RELIEF SOUGHT:
LOCATION Of PROPERTY:
DRAWING(S):
Special purpose easement abandonment
1730 N. Federal Highway
SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
app, earing 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 bythe 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
X 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
X GRANTED subject to the conditions referenced in paragraph 3. hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
J:\SHRDATA~Planning~SHARED\WP~orojects~envenuto Restaurant\~DEVELOPMENT ORDER REV. doc