Loading...
LEGAL APPROVAL .I / i J' RESOLUTION No.R90-t79 ... A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ,BOYNTON BEACH, FLORIDA, ABANDONING A PORTION OF A TWENTY FOOT WIDE ,ALLEY,. A .' PUBLIC RIGHT-OF-WAY, 'LOCATED IN ,THE LAKE ADDITION TO BOYNTON BEACH PLAT,' SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ALLEY; ,PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ... 'l' WHEREAS,: Overland 'Construction has requested the abandonment of the hereinafter described 20 foot wide alley; and WHEREAS, comments have been solici ted from the appropriate City Departments; and . . WHEREAS, public he~rings have been held before the City's Planning and Zoning Board and the City Commission on the proposed abandonment; and ~' WHEREAS, based on the foregoing information, the said alley 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 of Boynton Beach, Florida, by and through its City Commission, does hereby abandon for public street purposes certain real property located in the City of Boynton Beach, Florida, to wit: A 20 foot alley 104.82 feet in length adjacent to the west property line of the south five feet of Lot 6, and all of Lot 7 and Lot 8, Block 1 of the Lake Addition to Boynton Beach Plat as' recorded in Plat Book 11, Page 71 of the Public Records of Palm Beach County, 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. f\, I '~~l' ..... .. ;' . '!<~ r~ ~; ...-ft.. .._.......___'"-_.~ ~- .... Section 3: This Resolution shall become effective , when a 20 foot utility easement has been granted to the City. Section 4. Overland Construction is~responsible for all costs -associated with moving any existing utility facilities located in the above described right of way. PASSED AND ADOPTED THIS O?O ' day of IthI/C/J:?L6EA(, i: ,I 1990. ~ r BOYNTON BEACH, FLORIDA /Mayor / ,,// -1 ~ (/Ul~ ~aYor Q .. ~ ~~, Co 's~oner : ~. ~ a!b/~ ,Commissioner ,- -: '--" " /' (." J'd" ;( "__ 0, Commissic6ner " . " . . -' , ....-L..:.._. , /~. , , 4. 4 . J ATTEST: d~/Y~/9?t~X7/J Ci.. ~lerk , , (Corporate Seal) l\bandon. doc "'" : p5 - 11/16/90 " '., ~ " I, ....._~.~........ / 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 and disclaim for public street purposes, the following describe property, situated and located in Palm Beach County, Florida, to wit: A 20 foot alley 104.82 feet in length adjacent to the west property line of the south five feet of Lot 6, and all of Lot 7 and Lot 8, Block 1 'of the Lake Addition to Boynton Beach Plat as recorded in Plat Book 11, Page 71 of the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the duly authorized officers of the : " j i i l j City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this o1a day of /lJ,//BJ?.l3Er<' , 1990. .. ATTEST: ,':/ '/7 ,. ,/(4'7 / --7 C-..-~_____' ~-r:;f~~N~ , i "Mayor STATE OF FLORIDA i;'/ y) ss: ) COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, personally appeared GENE MOORE and SUZANNE 1-1. 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 said corporation. 4 " -,' . _.J,~ , )~ , " . \ ....., ", '. " WITNESS" my hand and official seal in the said State and County this c<{,-JA day of )).,,,,>.. '(.'::, , 1988. , ---.., . ':0k;c . \~:"""/: .. Notary Public, Sta~e of Florida' / ./ .,t".t....." n..!.!:. "'t..., "1# t'~';:,J.. ":';'-'1 '.........1.. ...~l.oo'''''' ...1..1" T:~i' c:::::~~:~~~.:.~~ = ;:~>:: :.:....'t. .:., 7';:]4 t:'~~1j':':". :-',;:, ';'" .i....:.~~ :-::. If 0/ . ,I ~,_. . '. '. ~ . ~", . : . . ,~. "'--..~_...-4"......_ ...--...._.__ ___ ..~""'...-... ". CITY of BOYNTON BEACH @ ".. . .~ 100 E. Boynton Beach Blvd. P. 0, Box 310 Boynton Beach, Florida 33435,0310 (407) 734,8111 OFFICE OF THE PLANNING DIRECTOR ", November 21, 1990 .. ~ '. Mr. Ted Morakis 2706 N. Federal Highway De1ray Beach, Fl 33444 RE: Overland, Construction Co., - Abandonment of a 20 Foot Wide Alley - File No. 543 Dear Mr. Morakis: !! . . Please be advised that on Tuesday, November 20, 1990, the City Commission approved the referenced abandonment under Resolution R90-179, subject to staff comments, copies of which are attached. The resolution in final form will be mailed to you by the Boynton Beach City Clerk. ,. If you have any questions concerning this matter, please do not hesitate to contact me. . . Very truly yours, eu~~ CHRISTOPHER CUTRO Planning Director CC:frb Enc cc: Technical Review Board C:Overland ~ I FROM v r ft!it.7p~-.., - - . -~--~ TO John Guidry, Director Utilities Department Sue Kruse, City Clerk SUBJECT:. .~~nn~~g~oning Board Meet~~g__-=--BE~.e~b_~r.,13,_!~~P_ .__DATE: _~~pt.~__1J!.,.2~~ FOLD. .... Attached is a copy of a street abandonment application submitted by Peter J. Pedicini on behalf of the owner, Overland Construction Co., Inc. . I Please review and advise of your recommendations for approval in accordance with Section 22-40(a) of the Code. /,. Thank you. /~":'.': : t .....1 1:'-' I .'. " b> SK:pwb Attachment PLEASE REPLY TO . SIGNE~~ i ' \ ~ '.., ~ . '. \ \ ..,~ \ ..', / \. .... ':'" 0'- ~ '.' ":- ./;:,'/ ." '""........ .....-, '.. "/ . .....:" : -:-._ot-:-.::".\ ~':.-"""'" J! REPLY 1 Please be advised that we have no objection to the abandonment of the alley along the west property line of this parcel, upon the condition that the owner dedicate a 20' wide utility easement in its place. This will allow us rights and access to the existing sewer main. 4 . ... DATE: , . . Item" F269 Grayarc. P,O, Box 2944, Harllord, CT 06104.2944 e Wheeler Group, Inc. 1982 RECEIVED 1Il..,~ OCT 22 1900 PLANNING DEPT. R ~~ -- --~ . l , ~ r' I FROM TO Vince Finizio, Administrative Coordinator of Engineering Sue Kruse, City-C~erk ~ " SUB-JEeT: Pl~~~!~g..~ ..:l~niEg.13_<?~E~,_~~,eti!\g ....':',_J!o.Y,emb~!:-1_~ 199Q___DATE:~P~~ _t8,-1 ~_~..L FOLD. ", Attached is a copy of a street abandonment application submitted by Peter J. Pedicini on behalf of the owner, Overland Construction Co., Inc. Please review and advise of your recommendations for approval or disapproval in accordance with Section 22-40(a) of the Code. Thank you. i . SK:pwb Attachment PLEASE REPLY TO ~ SIGNED /~ '. I REPLY Cancast and Southern Bell have obj ections to the abandorurent. Attached are copies of their letters. Their condi tion~ shall be conditions of City ap!?roval should the City COOlTlission and P&Z Board rule favorably upon this matter. I notified the applicant in writing of the objections (see attached letter). The Eng. Dept. has no objections in this matter. Thank you. cc:Interim Director of Planning ; DATE: 'Oji5/Cl 0 nem .. F269 Grayarc, P,O, Box 2944, Hartford. CT 06104,2944 THIS COPY FOR PERSON ADDRESSED , co Wheeler Group, h;, 1982 .' t.:, .iI " . . '.. , . .' ~k ',\ ~~ ", OO/,' ~~ ' " ,;O~ ~ -J>~ ~, ,f.t~ ~ .~' " ~() , ~,o^ '<e' f ...~ ." ..... .. ) . ~', : ," .. ~ ,~ J ~ 3'-(, Forn Rtroot 'West Palm Beach, FL 33401 ~ @ Southern Bell September 26, 1990 File: 240.0911 \ ~. Mr. V. A. Finizio Administrative Coordinator of Engineering City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425-0310 Re: STREET ABANDONMENT REQUEST SUBMITTED BY P. J. PEDICINI FOR OVERLAND CONSTRUCTION CO., INC. (915 N. FEDERAL HWY.) . . Dear Mr. Finizio: ~ Please be advised that Southern Bell has no objection to the requested abandonment under the following conditions: 1. The property owner will provide a properly recorded easement suitable to Southern Bell for the relocation of the existing Southern Bell poles and aerial cables/terminals serving customers to the north and south of the subject property. 2. The property owner will be responsible for all expenses incurred for the relocation addressed in 1, as provided under Florida Statutes addressing relocation within pUblic rights-of-way. 3. Engineering of a Southern Bell authorization for the required relocation and the subsequent construction involved would not be scheduled until a check for the estimated expense is received from the petitioner. This amount can be provided upon direct meeting with the property owner to determine location of replacement easements and work involved. . . Should you have any questions please contact C. J. Lonsdale, Engineer, at 837-9061. QV. Bormanis Manager-Engineering Attachment CJL/rr A BElI.SOUTH Company q Comcast Cablevlslon of West Palm Beach, Inc. 1401l Northpolnt Parkway West Palm Beach, Florida 33407 (407) 478,5866 (407) 686,9499 FAX .. '. ~ C:O IVI CAST '. 9/27/90 , . Mr. Vincent A. Finizio Administrative Coordinator of Engineering City of Boynton Beach PO Box 310 Boynton Beach, FL 33425-0310 RE: Street Abandonment Request Submitted by Peter J. Pedicini on behalf of the Owner, Overland Construction Company, Inc. Dear Mr. Finizio; \ After Surveying the proposed street abandonment, Comcast does not ogject. However, we have existing overhead cable attached to power poles. Should we have to relocate any of our facilities we will require full reinbursement from Overland Construction Company, Inc. prior to any construction of our cable facilities. If there are any questions, please feel free to call me. Sincerely, ".. , ) . . Dominique Aumais Construction Co6idinator DAleg \ \ Q. e ~ F=PL Box 2409, Delray Beach"FL 33447.2409 " . " .. September 30, 1990 Mr. vincent Finizio city of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 , . Re: Abandonment of Easement for Mr. Peter J. pedicini. Dear vince, In response to your letter of September 20, 1990 FPL has no objection to the request for abandonment. The facilities in the subject easement are SBT only. FPL can foresee no future use of this easement by our facilities. If you should have any questions please contact me at (407) 265 - 3187. \ Sincerely, -- ~~C; Don A. Urgo Account Manager / .' '.. ~ \\ on FPL Group company ., . .l " . PUBLIC ( t ., " r" '- . ~ L,'{")~ . " I s COMPANY o , .aOO"'" .I~L" '0 COM_A..., .h P.o. Drawer C West Palm Beach Florida 33402-3395 September 21, 1990 Mr. Vincent A. Finizio Administrative Coordinator of Engineering City of Boynton Beach '. P.O. Box 310 Boynton Beach, Florida 33425-0310 Dear Mr. Finizio: .. In reply to your letter of September 20, 1990, we wish to advise that Florida Public Utilities Company has no objection to the abandonment of the following described right-of-way in Boynton Beach, Florida: Beginning at the Southwest corner of Lot 8, Block 1 of the Plat of Lake addition to Boynton Beach as recorded in Plat Book 11, Page 71 of the Public Records of Palm Beach County, Florida, thence North 900-00'-00" West a distance of twenty feet, thence North 070-36'-30" East a distance of 104.82' to a point on the westerly extension of the North line of the South 5 feet of Lot 6, Block 1 of said subdivision, thence South 900-00'- 00" East a distance of 20 feet to the Northwest corner of the South 5 feet of said Lot 6, Block 1, thence South 070-36'-30" ~lest a distance of 104.82' to the point of beginning. At the present time, we have no underground gas distribution facilities located within the above described right-of-way. .' Yours very truly, '.. .: ~L' B. R. Becker Engineering \Y @ Southern Bell ~~ ~ 326 Fern st., Rrn. 501 West Palm BCh., FL 33401 November 20, 1990 File:. 240-0911 RECEIVED , . Mr. V. A. Finizio Administrative Coordinator of Engineering city of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425-0310 RE: street Abandonment Request For Mr. Morakis At 915 North Federal Highway Dear Mr. Finizio: NOV 28 1900 PLANNING DEPT. t Based upon revised survey information received from Mike Morakis on November 16, 1990, it has been determined that Southern Bell has no facilities within the abandonment limits. Please accept this document as Southern Bell's letter of no objection to the requested abandonment. Should you have any questions, please contact me at 837-9061. Yours truly, ~ Engineer , . .. cc: Mike Morakis , . \3>> A BELLSOUTH Company \,' . ...~ 'r FRoj SI!BJECT:I! F~[D. TO _.~ ... p'._" . - "0;' .. . r- .- ,~.....- ~... ,. ..-- ..- ~ : ~ 1 Sue Krune, City Clerk James A. Golden Interim Planning Direc~or \: i I' ' t :' t . i , , [ ., . i!: I I l!! :Planning, & Zoning Board Meeti~g - November 13, 1990 :.\ Attached is a copy of a street abandonmen Pedicini on behalf of the owner, Overland I Please review and advise of your recommcn I I ! I' iniaccordnnce with Section 22-40 (a) ,of tb \ I 1 , DATE:~t. '!hank you. 1 \ ~I ~ : ; f I! ~pplication submitted by: Peter J. Construction Co., Inc. bi \ I, a ions for ~pprovnl ordisapprovnl , Co'de. I; I " , . I' ~ i I \ ~ I' t ~ f i ~ . ; i 1\ \ \ )) SK: pwb I Attachment , .. , SIGNED'-"j~'j ~ , ,filETURN~TQ 'I RE~LY fr/6 Co 1'1/11 ~ fl/r I I: i ! 1 ill ~\I~' , II : I r '\'" I '.1\ ~\II Item; F269 Grayare, P,O, Box 2944, Hartford, CT 06104,2944 . . ' I i \ . · i Q Ter.GroLp, h:. 1~~2_! PERSON ADDRESSED RETtJ,R~1 THIS q~y TO SENDER DATE: I \, II No comment I' I I I: 1/..7.0/'10 ~ \ ~ : SIGNED ?~~ - ,II .. '. i: , I (- ~ '. t-:-;-~l '.-"':, Miscellaneous Cash Receipt @ l>: ..'" '''"-b '1;';.\ No. 07087 CITY OF BOYNTON BEACH L1~; 'i~J; :1 \:; ~~;~QJ ),i!JJ A<cou", N.. . C,T"{ 0;: c;CYa~Cii , ~.q.5 {} ..o-d By -:!tf;' 7 90 Rmi..d.' r?!A~uI! Cu~t~, (!o ."'- , . .Address ED' 4;Le<A~ ~Ub-v D'PL &~f!a1 ci9;7~ci~,' tI/ _J_____.________...~____________. r 'J ,1 .. THIS CHEC~ IS is S;;:.<\'=\T c= l~E ;O~OWMllr>l'O:::ES I DATE I AlJOtr..i OVERLAND CONSTRUCTION CO., INC. 0177 4463 I I 63-975 670 I Sept. 6, 90 I 19_ I PAY TO THE City of Boynton Beach is I 350.00 I I ORDER OF TOTA... . .... C.scO:':~il XX THREE HUNDRED FIFTY AND 00/1 00 -------------------- DOLLARS \ET Flagler ~ II' '~CO~,ECT P .EASE ":ru~ r" "E:E1'T ~ECESSAqv National~~ 501 South Flagler Drive THOMAS M. EISSEY, PRESIDENT Bank ~ West Palm BeaC.h, Florida 33401 ..--.. 'DC ~ " '- ~ . FOR ~.-:-~ /~ ~ ~._'""':If- - ,-?" I 11100 ~ ~ b 311. I:Ob 700g 7 Sbl: 00 o 2080 7811'0 ~ . ~/ I \) , :.. ~. ... . . ~ ~, . ',. . i . . , ,'..' ./ ..- , d APPLICATION TO ABANDON/VACATE if BOYNTON BEACH PLANNING DEPARTMENT APPLICATION INFORMATION FORM NOTE: This form must be filled out completely and accurately and must accompany all applications submitted to the Planning Department. (Three'(3) copies of application are required '. ) '. . AGENTIS PHONE: 0',/. ~ J'" I . t=. /, oJ" ( F)). r eLLR ':'T. ~;, U8'J ~~ c.o ?% .5 ~ FED.' I"J-/-vv" ? _=3:x.. - ;).. 4 a c., H \tv "I PED/[1/^' , PROJECT, NAME: AGENT'S NAME: AGENTIS ADDRESS: ,... SoC? A RA~ N 3}$ q 32- Pi-II-. OWNER I S NAME: OVt=R 1-AND C(lM~T C,Q, (or Trustee1s) '. -UL ,3 d.. 10 37: OWNER'S ADDRESS: It/ - Lf 5 . , W,:ST 'pl" L~r Be/I FLA .3 '3 yo? ) OWNER'S PHONE: q'o'7 b 8-3 - '3 ~ 10 ArrN (30 l3 Nc;zA PROJECT LOCATION: /' j t..L) N I FED H'I\I Y (not legal description) Be B H - ,'IN'T()/'I c' , CORRESPONDENCE . ADDRESS: * (if different than. agent or owner) TJ_l I' I" ~t~e 1-012t.J4.5 4sl>v1~~4 ()V I!/r(/l~' &-nom ~7? -3;2-0 o<7o~ /j4F~~ /1)" t-r01 -j 2 /J A_/ ~i/I cr '-,JTrT to which all aqendas, letters and ,als will be forwarded. \l" . .:' : .'. '. ,~..j, , '. ..'] . . ., f.~. ", . ~'~:;i~;: '~~"::~::'~~:'~;' ~ ,,::J ~;~:':: ':>~ig~~~~;1i , , , . :'~ '. , i i I . l J ~ .' J 1 I , ! , . I LJ , ~.. . , - APPLICATION TO ABANDON/VACATE The undersigned, pursuant to Ordinance Boynton Beach, Florida, hereby applies vacate; abandon, and discontinue the, (check one): NO. 76-27!of the City of to the city commission ,to ( ( ( ( ,,/) ) ) ) THE CITY ALLEY STREET SPECIAL PURPOSE EASEMENT OTHER NONFEE INTEREST OF as described in attached Exhibit "A", and to renounce and dis- claim any right of the City and the pUblic in and to any land in conn~ction therewith. Said application is to be filed with the Planning Department in triplicate and applications involving more than one of the above listed nonfee interests shall be filed separately. Each appli- cation so filed shall be complete in every respect. The undersigned hereby certify: 1. That a complete and accurate legal description with the specific property interest sought to be vacated or abandoned, in- cluding where possible a plat map or~'drawing showing the general area and location involved, is set forth in Exhibit "A".attached hereto. 2. That the title or interest of the City and the public in and to the specific property interest described above was acquired and is evidenced by, . (check one): ( ) DEED ( ~) DEDICA~ION ( ) PRESCRIPTION Recorded in PLA (" Public Records of Palm Beach County, Book II Florida. , Page -,) , and 30 That no similar application has been considered by the City at any time within six (6) months of the date hereof, and should this application be granted, such abandonment and vacation will prevent no other property owners from access to and from their property and no other property owners in the vicinity will be adversely effected. 4. That the above described property interest is under the control and jurisdiction of the City commission of the City of Boynton Beach, Florida; is not a part of any state or federal highway system; and was not acquired or dedicated for state or federal highway purposes. 5. That the following constitutes'a complete and accurate schedule of all owners and occupants bounding and,abutting the property interest described above. NAME ADDRESS 6 V E. R LA N D :t{ ('-.-r- 3~ If) \1/. '1~- .>, J...tI. PA L /""1 " /3 (" 1-1 / J-L,IJ r::, 9t!J 7 N ~ t/....,y 3:3 YOJ] fJ '~5' t'f W' Hw,/ B (5 (''OJ'l- C'," ~ 6 ~..;___ .{3"f( ~ ~ ;EC ~ C. I~S- ~ ~~ PT, '-. . ' ,'\ ~ r '.....T ., ~. . .' ~ . - .".. ", .' . . .~. . . .... . . . . ' '. ," . " , '. . 6. That the following grounds and reasons are submitted in support of this application: I. .1..1r 7:\. f-''=-~ ~ .....;1~Q-.>-<'.(' crw ~~J~ ~ r:<. Ron h ~Qo-,._,--,-~ M ~ ~~J:. .,,~ ~JL.(j - -&J ~(}~<.r- J!-I~ .rl~ ~~'~~7 - :.c.-,"1'-"~ tJ.,,.tot. . ,"'. t~ / "'-<I <"- >7"-'-'-'- .l.....~ L, ->-""Q,<-- m. ~ ~ it) }{-cv-r& ~c__QJl.c-~' _ ~ (t:l~ (L~ (tJ~ ~'7~\" 6dl. i I , DATED: ' I ' I ' I I I I i,' , ' I ..:, I.. . :. r....,..'..'.. L ;. " : ' ... c::' ~ , ? ~ APPLICANT(S) NAME (PLEASE SIGN) ADDRESS p;; IE ~ '-:1" . 'r,E 1) I C J "" ~. ill o/c.- . , '7 <a- S H"v1 ~A- KErES' Co FEl)r=R~ i ' I:"~ I, ; . KA %rI-, FLA_ , _ ;' ,3 if ,3 -:2- .' STAT F FLORIDA COUNTY OF PALM BEACH The above named applicant(s) being first duly sworn by me the day and year above indicated, deposed and stated that he are/is the applicant(s) in the foregoing Application to-Xbandon/ Vacate; that they have read the same and that the facts therein set forth are true and correct to the best of their knowledge. I ! " .. N~TJ.A~ft. sta1hr~r~a ~ My Commission Expires: IOTARY PUBLIC STATE OF FLORIDA MY CO"HISSIOI EXP. MAR.15,199Z aO~ED IHRU GENERAL INS. UND, ," . ,-.' " .. :...00. :. .,':," ,- " . l':,:>; ( '0.. ~ . , ' 6-19-S7 .~ \ '. 683,3210 ( (: O\'l~l~l~,\NJ) CONS~rl~UC'rION CO.. INC. ('10 Cpo 1-.s'1"RUCT\O~ 3210 W, 45TH STREET p, 0, BOX 767 WEST PAl.M BEACH. FLORIDA 33402 ... .' Bcginning at the Southwest corner of Lot 8 Block 1 of the Plat of Lake addition to Boynton Beach as recorded in Plat Book 11 Page 71 of the Public Records of Palm Beach County, Florida, thence North 900-00'-00" \'lest a distance of twenty feet, thence North 070-36' -30" East a distance of 104~82' to a point on the westerly extentension of the North line of the South 5 feet of Lot 6 Block I of said subdivision, thence South 900- 00'-000 East a distance of 20 feet to the Northwest corner of the South 5 feet of said Lot 6 Block 1, thence South 070-36'-30" West a distance of 104.82 feet to the point of beginning. ,... .... , 1 . ~ ) \~ L ~lIes. The Keyes Company, Realtors. 98 S. Federal Hwy" Boca Raton, FL 33432. Phone: 391-9503/Broward 763-6717 SALES, LEASING, MANAGEMENT, CONSTRUCTION, DEVELOPMENT. MORTGAGES. SYND'CATIONS. CONSULTATION Peter J. Pedicini VICE PRESIDENT - REALTOR District Sales Manager Member Keyes Million Doflar Sales Club NASD REGISTERED REPRESENTATIVE - . October 12, 1990 Jam!..! J. ~glg9n T4MfJ~' ltE-llEN ~~RiQr City Planner Planning Dept., Current Planning Div. City of Boynton Bch. 100 E. Boynton Bch. ,Blvd. P.O. Box 310 Boynton Bch., FL 33425-0310 Re: Application of City Alley Contiguous to 915 N. Fed. Hwy., Boynton Bch. Dear Mr. Golden, .' Kindly use this letter to transfer the assignment of the above abandanment to Mr. Ted Morakis, for he is the new owner to replace Overland Construction. His address is that of the property. Thank you for your assistance once again. Sincerely, J?/, ~7 ~J~ini Vice President ~ Broker . Tom Eftssey Overland Construction ~!VED 00; t(t; ~ " PLANNil''4G D~f>f~ r-- :... FOR OVER FIFTY YEARS-NO, fiN THE SOUTH )0 REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement PUblished and must be submitted to the Office of the city Attorney 8 working days prior to' the first publishing date requested below. ORIGINATING DEPARTMENT: PLANNING PREPARED BY: 9/19/90 James J. Golden DATE PREPARED: BRIEF DESCRIPTION OF NOTICE OR AD: Abandonment for utility easement ~ SPECIAL INSTRUCTIONS AND REQUIREHENTS: (Size of Headline, Type Size, section Placement, Black Border, etc.) None " SEND COPIES OF AD TO: Abounding and abutting property owners, planning .' NEWSPAPER(S) TO PUBLISH: DATE(S) TO BE PUBLISHED: To be determined by City Clerk To be determined by City Clerk APPROVED BY: 'I~ ( 1 ) DAtu?- I. h~J{t~ CI(Depa~ment Head) (Date) ( 2 ) (Date) (,City Attorney) ( 3 ) (Date) (City Manager) RECEIVED BY CITY CLERK: COHPLETE:D: .2' -/ NOTICE OF PUBLIC HEARING NOTI~E IS HEREBY GIVEN that the Planning & Zoning Board of the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING on Tuesday, November 13, 1990 at 7:30 P.M. at City Hall in the Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach to consider an application to ABANDON a utility easement submitted by Peter pedicini on a parcel of land more particularly described as follows: ~. Beginning at the Southwest corner of Lot 8 Block 1 of the Plat of Lake addition to Boynton Beach as recorded in Plat Book 11 Page 71 of the Public gecords of Palm Beach County, Florida, thence North 90 -go'-oo" West a distance of twenty feet, thence North 07 -36'-30" East a distance of 104.82' to a point on the westerly extension of the North line of the South 5 feeE of Lot 6 Block 1 of said'subdivision, thence South 90 -00'-000 East a distance of 20 feet to the Northwest corner ob the South 5 feet of said Lot 6 Block 1, thence South 07 -36'-30" West a distance of 104.82 feet to the point of beginning. In addition. a PUBLIC HEARING will be held by the City Commission of the City of Boynton Beach on the above request on Tuesday, November 20, 1990 at 6:00 P.M. at City Hall in the Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, or as soon thereafter as the agenda permits. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning & zoning Board o~ City Commission with respect to any matter considered at these meetings ,will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. .' SUZANNE M. KRUSE CITY CLERK CITY OF BOYNTON BEACH -, . PUBLISH: BOYNTON BEACH NEWS OCTOBER 18 & 25. 1990 cc: City Manager City Commission City Attorney File ~ ~ , " ....~I .,......~ . ' -. . . ~ ~' ~ ~ ~; ", ~ \) .' \J ~ ~ GJ ~J ~ ~ ( (" ~ -----.--------. ----- t,~' jpi 'Y V)' ~, ~ ~ ;to ~ '~ ~ ~ '" ~ " ; , , I ' " , ' . ....:.. . ':'~.L'"i:""'v,""':"";'.Jr;..f'~; I' ,...~.......,'.;..:,.... ....:.. ......;.~~~A:C;S"1. ;~'~r~)'i".;.tt;.. "-:-."~' I HEREBY ,CERTIFY t:b4t: th(i plat: shown her~on is, lJ t:rue,itnd,co~rl!~t. represent;acion of a survey made under my dir~t:J.()n and t.1at; said surve31 .11$ llC~lJte, ''to 'the best of my , r.nosdedge and bBl.1ef, a~," unless otberw~Be shown, there are no vJ.si.ble enc'7~ac~~ts ~ ,- Not vllHd wi thout an embossed,stltll;; ~I~ . (..j" '(Jb (IrJ..orleJ.., .'V ~ . I j , I ~o ' ~. -( 1, 5e. I I , 0'-1'" \.I.. . <32, cSS " ri' Q,T.zt... ,crt..50;::iJr ~ ~ ~ I I ~'j \ ~aw,e:/2 I P"L~ ,t..cr 7 .z:;;r "if I I I~ ., ~'<J ~ J l( " ' . , ~ 'tV ;-co I~ <::)' ;"i I, ! I '.. " . ~ "> .. ".. ,',8'z."8$ '. ..:, I ,. '" ~ 7~.3C. ;'.3~, ., . ..... '. f .' . . .. ." . . , I '........... ..... ...... ~.. '- -, '-- ' .-.... -0 I , CJ 4 -- " . ',', "n SURVEY. Of: r;iE.<S;;l./rhc..s:,EEE:r O,F',:,LOT Go "ANa A,L~ 'Or Lor.s 7,ANL/ c9 ~ .L.e.s.s.'r,4l..€ EAST ..1'7 rEET r,l/eREo~ ' , ' 8,L.oCK ..L' ~ ' ' " ' " L.AK.E. A.oO/T/ch1/"rO .80YNroN BcAC,L/ PALM BEACH COUNTY~ FLORIDA . / '!:;?O Plll / r _ Book t ~:~ RICHARD L. SHEPHARD & ASSOCIATES~ INC. Drwg. No. LAND 'SURVEYORS BOYNTON BEACH1 FLORIDA rzvt:Z 2 ~ " ' 7 1<f:Jgi.s~ared Land survoyor Floxjaa Certifj~ate No ~ [<..f-71- ..~. I .,- -812- /-51 J_ ." . .._.__._ oao_______ . , I - I , , .. - dill - rrm . . ---. I l~ ~ ! - . -1 I -i --' . -~ --' -i : I -,- . . . . . , . , ,. . , , . , LOCATION MAP . OVERLAND CONSTRUCTION'CO. , ,. ,. f' ~ MEMORANDUM TO: Sue Kruse, City Clerk FROM: James J. Golden, Interim Planning Director DATE: September 14, 1990 \ SUBJECT:, Overland constructionqCompany - Abandonment of Easement ". Accompanying this memorandum you will find two copies of the application and related documents for the above-referenced abandonment application. Included is a check in the amount of $350 to cover the review and processing of this application. .. A legal advertisement for same will be prepared and forwarded to your office for November advertisements. J/~ft~ . GOLDEN JJG:frb Encs .' .. ,,' },~ CITY of BOYNTON BEACH @- ., . .~. 100 E. Boynton Beach Blvd. P. O. Box 310 Boynton Beach. FlorIda 33435.0310 (407) 734.8111 OFFICE OF THE PLANNING DIRECTOR . . September 14, 1990 Overland Const~uction Co. Attn: Mr. Robert Nora 3210 West 45th Street West Palm Beach, Fl 33407 Dear Mr. Nora: After reviewing the legal description you submitted, it became clear that the abandonment is for an easement and not an alley. Therefore, I am returning your additional check in the amount of $50.00 which will not be necessary. I apologize for any inconvenience this may have ~aused you. Very truly yours, .' CFF ;~J:2lEACH JAMES J. GOLDEN Interim Planning Director JJG:frb Enc (check) ., . . }\o . \ CITY of ~ BOYNTON BEACH ~ '. ' ~ Post Office Box 310 Boynton Beach, F1 33425~0310 (407) ,738-7487 100 E. Boynton Beach Blvd. Boynton Beach, Fl 33435, ". OFFICE OF THE CITY ENGINEER '. Mr. Peter J. Pedicini c/o Keyes ~y 98 South Federal Highway Boca Raton, Florida 33432 october 15,' 1990 Re: Abandonrrent of Alley J. Pedicit1i on 89half of OVerland Construction Project Address 915 North Federal Highway Dear Mr. Pedicini: The Engineering Depart:nent for the City of Boynton 89ach, Florida has notified various utility canpanies' relative to your request for an abandon- rrent of a publicly owned alley'. I ,have reci!ived a quantity of two (2) objections to your request. The objection letters specify under what conditions the subject utility crnpanies' would render' a favorable reply to my original notification letter'dated September' 20, 1990. Southern 8911 Telephone and Cancast, state that there is a potential for relocating in-place,:lrnproverrents under'their jurisdiction. Additionally, they are requiring the" applicant to fund the total cost associated with said relocation(s). I have attached for your review, the responses I have received fran the .' aforerrentioned utility canpanies. ": The City of Boynton 89ach, by copy of this letter to the City Clerk, herein includes the utility carpanies response as a condition of abandonrrent approval, should the Planning and Zoning Board and the City Catmission, . rule favorably upon this matter. Thank you. Very tn11y yours, ~A.:t. .~ . Vincent A. Finizio ~ Adminstrator of Engineering cc: City Clerk , 'Interim Director of Planning J. Scott Miller, City Manager attachrrents /vaf i'\ _.:~ ~ MEMORANDUM ,"TO: Tambri Heyden Interim Planning Dir. DATE: October 16, 1990 FROM: Sue Kruse City Clerk RE: Planning & Zoning meeting of 11/13/90 Attached please find copies of the following public notices which have been scheduled for the November 13th, 1990 Planning & Zoning Board meeting: " 1. Parking Lot Variance - Boynton Lakes Plaza 2. Utility Easement Abandonment - Overland Construction These notices will be mailed to the applicants on October 16, 1990 and will be advertised in the BOYNTON BEACH NEWS on October 18 and 25, 1990. ~~~/~1 J ue use mas Attachments cc: City Manager RECEIVED . . ,Jl,;l 17 1900 PLANNING DEPT'! " .. I~ ,~~' -- t M E.M 0 R-A N D U,M #91-047 TO: J,. Scott Miller City Manager ,DATE: March 21, 1991 FROM: Sue Kruse City Clerk SUBJECT: Easement Theodore Morakis dba M & M Applicance ., Attached please find a copy of the above mentioned easement. which was recorded in Palm Beach County on March 7, 1991. ~1-' ~/~~_ Sue Kruse mas Attachment cc: Building Official Planning Dir. Utilities Dir. Engr. Admin & Coord. Customer. . . 1UJCE%n ., AINi ,22 q I PlJw ' 1V1IVG D 'EPl; ')0..." ' '- \ \ / PLANNING DEPAR'l'MENT MEMORANDUM NO., 90-339 TO: Scott Miller, city Manager FROM: Christopher cutro, planning Director DATE: November 20, 1990 SUBJ: Overland Construction company - File No. 543 20 foot Alley Abandonment " Please be advised of the following comments pertaining to the above-referenced request which is scheduled for the November 20, 1990 city Commission meeting: ". City Utilities Department - A 20 foot wide utility easement must be dedicated to the city to replace the 20 foot wide alley. Comcast - If relocation of overhead cable attached to existing poles is necessary, the applicant shall reimburse Comcast for the cost of relocation. southern Bell - An easement must be dedicated to provide for the relocation of existing Southern Bell poles and aerial cable. Relocation shall be at the applicant~s expense. As stated in the agenda memorandum for this item, Planning Department Memorandum No. 90-332, the Planning and Zoning Board recommends approval of this request subject to the applicant dedicating a 20 foot utility easement for City utilities and telephone facilities and bearing the cost of relocation of utilties, if determined to be necessary. ' Cl.~l_. f~ Chris opher cutro .. tjh A:Overland' . , , t ~ ....;. ..':. e:' 0 f.])-o' ,~, . , " , ' - ~T ~ i1:~R-07-1991 (11 :52rm S' '1 -n~':::'':::'9n ORB {-. 7 L.;. 9 Ps L; ~2 . r 91-062290 Con 1.00 Doc .J5 JOHN P DUNKLE, CI.ERK - pp. COUNiY! FL EASEHENT THIS INDENTURE made this 2 day of March 1991 ,A.D., ~ ". by Theodore Morakis dba M & M Appliance Sales & Service a corporation existing under the laws of Florida 915 No. Federal Highway and having its principa~;Place of business at ~nynr.nn ~Prl~~" FL ~/ (..... first party, to the city of Boynton Beach, a political '. subdivision of the State of Florida, second party: (Wherever used herein, the terms, "first party" and "second party" shall include singular and plural, heirs,legalre~resen~atives and assigns ! of individuals ,and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH WHEREAS, the first party is the owner of property situate in Palm Beach County, Florida, and described as follows: . . A 20 foot alley 104.82 feet in length adja~ent to the west property line of the south five feet of Lot 6, and all of Lot 7 and Lot 8, Block 1 of Lake Addition to Boynton Beach Plat as 'recorded-in Plat Book 11, page 71 of the Public Records of Palm Beach County, Florida. and, " WHEREAS, the second party desires an easement for water and sewer utilities and/or other appropriate purposes incidental thereto, on, over and across said property, and. WHEREAS. the first party is willing to grant such an easement, NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running and one dollar and other good and valuable considerations, the first party does hereb~. grant unto the party of the second part, its successors and assigns, full and free right and authority to construct, maintain, repair, install and" rebuild facilities for above stated purposes and does hereby grant a perpetual easement on, over and across the above described property for said purposes. ~\ , . -- / /' " ~ ~/ ORB b749 P9 L; f' 3 - IN WITNESS WHEREOF, the first party has caused these presents to ,be duly executed in its name and its corporate seal to be hereto affixed, attested by its proper officers thereunto duly authorized, the day and year first above written. Signed, scaled and delivered in the presence of: / ( '--- ._'~ .'~~~: '~?:J BY THEODORE MORAKIS OWNER PRESIDENT .' ,~/?- ./' /J,"'7 ~ }O /fi~rrv?? // cr----//r.?;;;,.f--'/ __ '" , .- (CORPORATE SEAL) s'rATE 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 take acknowledgements, personally appeared Theodore Morakis well known to me to be the the President and owner respectively, of the Corporation named as first party in foregoing Easement and that they severally acknowledged executing the same in the presence of two subscribing witne~~e~ ILeely and voluntarily, under authority duly vested in them by said Corporation, and that the seal affixed thereto is the true Corporate seal of said Corporation. to , the . . WITNESS my hand and official seal in the County and State last aforesaid this ~day of March A.D., ~ 1991 , ' \1\ \)ll~II')JIJJJ1 :..' , ~~' -) ill.JrJ ':' " 1'/1. , ... ( " .I.~""J, an.d f9~ tlie',"j"::;. , ate and 'County a~o~i'sai~:r:" "',,'~'~~ My conunission eXPii;~l ~~ -'-:"'12~ y.c>'~ ' ~ :.':~;\ J,~ ':'.:'..: '.~ '-'.~'~ ' 0 M ,',' .., ~'. -.~ "~1, "...: 0 ~p Not"'" Pu~ State oftJ-ridi.. "'''''''c' r,',;. .,.:." -, j '~.., 'J""J' , ..", ,'" My Commission Eipires May W"itn?,f . ... \,\,,,:' Bo.dod Thr. Troy h;.' I.......co Inc, ", r:I~Il\I'\ ' e-~~;~ VEi~Fl"SD !'NJ.t ef.:\r.,'H (;("'.AJ~ '''v 0 . :.-"."., ,1", .'~ .....~'1n ii.:... Ot.f.i/:J;: ~ C1RcvlTOOtffl '- r~ - ~ M E M 0 RAN DUM TO: Chris Cutro Planning Director DATE: November 21, 1990 FROM: Sue Kruse City Clerk SUBJECT: Resolutions Attached please find copies of the following resolutions which were approved at the City Commission meeting on 11/20/90. '. Resolution #R90-179, R90-l84, R90-l86, R90-l87 '. ~/~~ ~ Sue Kruse mas attachments .' .-,.., ".- - ---- -... .;" J___ . ' _ _ , _...J tH'.,. I. t~' .'. . I .' . . <fl. ...... ... . .. ~. 3~ / RESOLUTION NO .R90 -179 '. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A PORTION OF A TWENTY FOOT WIDE ALLEY, A PUBLIC RIGHT-OF-WAY, , LOCATED IN THE LAKE ADDITION TO BOYNTON BEACH PLAT, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ALLEY; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Overland Construction has requested the abandonment of the hereinafter described 20 foot wide alley; and WHEREAS, comments have been solicited from the appropriate City Departments; and WHEREAS, public hearings have been held before the City's Planning and Zoning Board and the City Commission on . . the pr~posed abandonment; and WHEREAS, based on the foregoing information, the said alley 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 of Boynton Beach, Florida, by and through its City Commission, does hereby abandon for public street purposes certain real property located in the City of Boynton Beach, Florida, to wit: A 20 foot alley 104.82 feet in length adjacent to the west property line of the south five feet of Lot 6, and all of Lot 7 and Lot 8, Block 1 of the Lake Addition to Boynton Beach Plat as recorded in Plat Book II, Page 71 of the Public Records of Palm Beach County, 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 become effective , when a 20 foot utility easement has been granted to the City. section 4. Overland Construction is responsible for all costs associated with moving any existing utility facilities located in the above described right of way. ", PASSED AND ADOPTED THIS 0<6 day of /lk;v'E"mBE~1 '. 1990. / ,,/l C:~y-;,F BOYNTON BEACH, FLORIDA /,' ~/ ./ ...Mayor f/~ Cch~c I ~Vice ~ayor . ';; ", ij~, C/C,uLw: Co 'sioner ~ / A . &/ . ~ ~&/~~ Commissioner . . , '--"I' '" . (, d .. ,'.." ' !.. Commissi<6ner -'"-" -' ATTEST: ~~""A'~4h'~'<?/j Ci ~ Clerk (Corporate seal) Abandon.doc .. p5 - 11/16/90 , ,) " " ~ " . / 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 and disclaim for public street purposes, the following describe property, " situated and located in Palm Beach County, Florida, to wit: r. A 20 foot alley 104.82 feet in length adjacent to the west property line of the south five feet of Lot 6, and all of Lot 7 and ,Lot 8, Block 1 of the Lake Addi tion to Boynton Beach Plat as recorded in Plat Book 11, Page 71 of the Public Records of Palm Beach County, Florida. 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 o1C/ day of i' , , , I, I .' I i . I .L1hI/GWBEK' , 1990. ATTEST: / , ! f4'l / '7 '- ~__--I g~/HA097r.~N ~ C . Clerk Mayor STATE OF FLORIDA I" /.)'" y) ss: ) COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, personally appeared GENE MOORE and SUZANNE H. 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 said corporation. ,'" I..,.; i L , "\ WITNESS, my hand and official seal in the said state and County. this <<G-M day of ~';.,...: :,;,.,: , 1988. . '",1__' . '" :. I . ' ..... .. _', ~ 'It'"_ ,- , , \,' ,- "j" . ,. e, ... . Notary Public, State of .' Florida I ~!~~:~, p..!:~:~. :'::: :f ~!:;;~, !.~i' C':::':;-~:.::'::'. ~. ".":: . '.OZ'" "~I ,':1.1 ~:'~....I':" ". .... ..." ...: '.~ -:. " ,. . . ?~ .-,...-.......... \ L