Boynton Commerce Center PID DEVELOPM£'~'J' ORDER OF THE CITY' COMMIS'~:)N OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Boynton Commerce Center, PID
APPLICANT'S AGENT: John T. Doogan of Avirom & Associates, Inc.
APPLICAN'r"s ADDRESS: 50 SW 2nd Avenue Suite 102, Boca Raton, FI 33432
DATE OF PUBLIC HEARING:BEFORE CITY COMMISSION: 04/03/01
TYPE OF RELIEF SOUGHT: Abandonment of ~ngress, egress & utility easement
LOCATION OF PROPERTY: Parcels 3-B and 3-0 of Boynton Commerce Center, PID
DRAWING(S): SEE EXHIBIT "A and B" ATTACHED HERETO.
X THIS MATTER 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
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:
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.
Other
CiTy
(' / City Clerk ' 2/~/z HO~,
S:~PlanninCSHARED~WP~ROJECTS~Boynton Commerce Ce~aN 2001~Development Order. doc liililllllltt~
EXHIBIT "C"
Conditions of Approval
Project name: Boynton Commerce Center
File number: ABAN 01-001
Reference: Application to Abandonment with~ an February 5,2001 Planning and Zoning Department date
stamp marking.
DEPARTMENTS INCLUDE 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
1- New ingress-egress & utility easement to be recorded prior to final approval. X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments: NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: To be determined. P4C)P4 E
MWR/pat
\~CHX, MAINXSffRDATA~Planning~SHARED\WPXPROJECTS~Boymon Commerce Center ABAN 20OBconditions of approval.doc
ORDINANCE NO. R01- I ~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING ABANDONMENT OF ALL THAT
PORTION OF THE 65 FOOT INGRESS AND
EGRESS EASEMENT, LYING BETWEEN PARCEL
3B AND 3C, BOYNTON COMMERCE CENTER;
BEING MORE PARTICULARLY DESCRIBED
HEREIN; AUTHOR/ZING 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~ :John T. Doogan and Avirom & Associates, Inc., agent for Nayrot
Realty, Ltd., a Florida Limited Partnership, has requested the abandonment of all that
portion of the 65 foot ingress and egress easement, lying between Parcel 3B and 3C.
Boynton Commerce Center; 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 easement 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 bv
and through its City Commission, does hereby abandon all that portion of the 65 foot
Ingress and Egress Easement, lying between Parcel 3B and 3C, Boynton Commerce
Center, and more particularly described herein as Exhibit "A", subject to staff and utility
company comments.
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 Ordinance shall take effect immediately upon passage.
FIRST READING this Iq day of apai 2001.
SECOND, FINAL READING AND PASSAGE THIS
2001.
day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
CommissiOner
Commissioner
ATTEST:
Commissioner
City Clerk
s:ca\Ordinanees~tO~mdonmentX~Boynton Comrne~¢ Center
EXHIBIT "A"
All that portion of the 65 ' Ingress & Egress Easement, lying between Parcel 3B and 3C,
BOYNTON COMMERCE CENTER, according to the Plat thereof, as recorded in Plat
Book 45, Pages 126 and 127, in the Public ReCords of Palm Beach County, Florida.
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton
Beach, Florida, a municipal corporation, under the laws of the :State of Florida, does
hereby abandon a all that portion of the 65 foot ingress and egress easement lying
between parcels 3B and 3C, Boynton Commerce Center, more particularly described
herein as Exhibit "A".
IN WITNESS 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 ,2001.
ATTEST: CITY OF BOYNTON BEACH, FLORIDA
Janet Prainito
Interim City Clerk
Gerald Broening, Mayor
STATE OF FLORIDA
COUNTY OF PALM BEACH
)
)SSi
)
BEFORE ME, the undersigned authority, personally appeared GERALD
Broening and JANET PRAINITO, Mayor and Interim 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 flee 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 ,2001.
S:ca~iscla~ton Cotran~ercc Center
NOTARY PUBLIC, State of Florida
My Commission Expires:
EXHIBIT "A"
All that portion of the 65 ' Ingress & Egress Easement, lying between Parcel 3B and 3C,
BOYNTON COMMERCE CENTER, according to the Plat thereof, as recorded in Plat
Book 45, Pages 126 and 127, in the Public Records of Palm Beach County, Florida.