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LEGAL APPROVAL MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2,1996 2. Regular City Commission Meeting Minutes of June 18, 1996 No additions, deletions, or corrections were made to these minutes. B. Bids - Recommend Approval - All expenditures are approved in the 1994-95 Adopted Budget None, C. Resolutions j 2. 5. 6. 7. 1. Rroposed Resolution No. R96-89 Re: Authorize the Mayor and City Clerk to execute a disclaimer for the abandonfTIent of parcels "A" and "B" of portions of Charter Drive right-of-way for Hunters Run Proposed Resolution No. R96-90 Re: Authorize the Mayor and City Clerk to execute a disclaimer for the abandonment of parcel "C" of a portion of Charter Drive right-ot-way tor Hunters Run 3. Proposed Resolution No. R96-91 Re: Approve the application for Palm Beach County Emergency Medical Service Grant Funds 4. Proposed Resolution No. R96.92 Re: Authorize execution of Agreement between the City ot Boynton Beach and Xerox Corporation for the temporary ITS Director services Proposed Resolution No. R96-93 Re: Authorize execution of Agreement between the City of Boynton Beach and South Technical Education Center for the provision of trail,rng classes Proposed Resolution No. R9&-94 Re: Authorize Agreement between Treasury Law Enforcement Agencies (U, S, Customs Task Force) and the City of Boynton Beach Proposed Resolution No. R96-95 Re: Authorize execution between the City of Boynton Beach and Atlantic Towing for use of donated vehicles 4 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH. FLORIDA MARCH 12, 1996 Motion Vice Chairman Golden moved to approve the minutes of the February 13, 1996 meeting. Mr. Beasley seconded the motion, which carried 4-0, Ms, Frazier abstained since she did not receive the minutes, 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department (1) Final disposition of last month's agenda items Ms, Heyden reported on what transpired at the last City Commission meeting relative to the items that were before this board last month, Charter Drive North - Both abandonments were approved subject to providing easement agreements. The problems with access were resolved. The applicant is now working on getting the recorded easements for the City. Once the City receives them, resolutions can be adopted. Hills~Lake Eden - The rezoning was approved subject to the following conditions: 1. The preservation areas will be tracts instead of easements. 2, The landscape buffers along Seacrest and Swinton will remain easements, 3, The sidewalks will be on one side. 4. The building height was allowed to be 33 feet. 5. The roads (private rights-of-way) have to be ~ feet wide, 6. A gated egress was approved onto Seacrest only, 7. The minimum square footage under air must be 2,400, and the average square footage under air must be 2,600. This item is going to the Commission next Tuesday for second reading, High Ridge Commerce Center - The use approval to allow wholesale distribution and service of turf equipment was approved subject to environmental review, 2 MINUTES CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA FEBRUARY 20. 1996 identified and filed with the Clerk before leaving tonight. Any action taken by the City is not final until an Order reflecting the Commission action is signed and filed with the City Clerk, Since the City's Planning Department staff was not present, Mayor Taylor declared a recess at 6:57 p,m, The meeting reconvened at 7:01 p.m. VI. PUBLIC HEARING A, Project: Agent: Applicant: Location: Description: Charter Drive North - Parcel C Stuart H, Cunningham, P.E. and P.L.S, Hunters Run Property Owners' Association, Jnc, Western tenninus of Charter Drive North Abandonment - Request to abandon a portion of Charter Drive North, legally described as Parcel C At this time, City Attorney Cherof swore in all who intended to testify this evening on the agenda items that appear under Public Hearing and Development Plans, The applicant was not present. Ms, Heyden stated that when this item went to the Planning and Development Board, there was some confusion regarding the access, Staff had recommended denial due to what appeared to be a lack of access to Parcel 103, which is contiguous to the area requested to be abandoned, She has since talked to the Engineering Department and they have reevaluated this and are satisfied with the means of access that they believe will be provided to Parcel 103, Therefore, staff now recommends approval subject to comments 1 and 2 on Exhibit "C". Ms. Heyden advised that Southern Bell objects to this abandonment unless they get an easement. No one in the audience wished to address this item. Motion Mayor Pro Tern Matson moved to abandon a portion of Charter Drive North, legally described as Parcel C, for Hunters Run Property Owners' Association, Inc., western terminus of Charter Drive North, subject to staff comments I and 2 on Exhibit "C". Vice Mayor Bradley seconded the motion, which carried 4-0. II MINUTES PLANNING AND DEVELOPMENT BOARD BOY~TON BEACH. FLORIDA FEBRUARY 13, 1996 5. CO'[\IL~ICA TIONS AND ANNOL~CEMENTS A. Report from the Planning and Zoning Department (1) Final disposition of last month's agenda items Ms. Heyden was not yet present to give this report, 6. OLD BUSINESS None, 7. NE\V BUSINESS A. PUBLIC HEARING ABANDONMENT 1. Project Name: Agent : Applicant: Location: Description: Charter Drive North - Parcel C Stuart H, Cunningham, P,E. and P,L.S, Hunter's Run Property Owner's Association, Inc. Western terminus of Charter Drive North Request to abandon a portion of Charter Drive North. legally described as Parcel C, Chairman Dube asked Mr, Cunningham if he has read staff's comments, Mr. Cunningham answered affirmatively, He said the major comment seems to concern access to the parcel to the rear. He pointed out access to the property on an overlay, He stated that this abandonment would not affect access. Mr. Rosenstock pointed out the City right-of-way on the overlay. A problem exists at the Hunter's Run Golf and Racquet Club at the present time, At the south entrance, adjacent to the L-30 canal. there is a stacking of cars out onto Congress Avenue, The Hunter's Run Golf and Racquet Club would like to increase the road at their gatehouse so they can have additional access. They only have one lane of traffic going in there now. They want to make it two lanes, 2 MINUTES PLANNING AND DEVELOPMENT BOARD BOY~TON BEACH. FLORIDA FEBRUARY 13. 1996 Mr. Rosenstock advised that the City Arrorney said there would be no problem with this because this is the full right-of-way across here (he pointed to an area on the overlay). The 3.70 acres that are encompassed by this rectangle would have access through this right-of-way. Therefore. the Engineering Department is incorrect. The City Arrorney and the engineer for Hunter's Run checked those boundary lines. The right-of-way is not affected in any way. Chairman Dube asked why staff recommended denial of this abandonment. Ms, Heyden advised that staff recommends denial based on the Engineering Department's comment, Mr. Rosenstock asked if Parcel 103 has access or not. Ms, Heyden stated that the City Engineer feels there is not adequate access, Mr, Cunningham suggested that this item be approved subject Hunter's Run working to provide access if it is found that there is a problem with access through the east/west roadway, No one in the audience speak to wish on this item, Motion Vice Chairman Golden moved to recommend approval of the abandonment for Hunter's Run for a portion of Charter Drive North, legally described as Parcel C, subject to staff comments and subject to the resolution of the parcel in dispute (the northern triangle) between the City Arrorney, City Engineer. and the applicant, Mr, Beasley seconded the motion. Mr, Beasley thinks that Summit Drive is in the middle of the existing right-of-way also, He thinks that entire road is in the northern portion of the right-of-way, and that there is room to widen that road. Mr, W ische could not understand why someone from the Engineering Department was not present to explain their objection, He pointed out that this is not the first time that this has happened, The motion carried 7-0, 3 C I T Y PLANNJ:NG & o F BOY N TON B E A C H DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, February 13, 1996 TIME: 7:00 P,M. PLACE: Commission Chambers 100 E. Boynton Beach Boulevard Boynton Beach, Florida 1. Pledge of Allegiance. 2. Introduction of Mayor, Commissioners and Board Members, 3, Agenda Approval, 4, Approval of Minutes, 5. Communications and Announcements, A. Report from the Planning and Zoning Department 1) Final disposition of last month's agenda items, 6. Old Business: None 7, New Business: A, PUBLIC HEARING Abandonment 1. PROJECT NAME: Charter Drive North - Parcel C AGENT: Stuart H. Cunningham, P,E, and P,L.S, APPLICANT: Hunter's Run Property' Owner's Association, Inc. ",' LOCATION: Western terminus of Charter Drive North DESCRIPTION: Request to abandon a portion of Charter Drive North, legally described as Parcel C. 2, PROJECT NAME: Charter Drive North - Parcels A and B AGENT: Stuart H, Cunningham, P.E. and P.L.S. APPLICANT: Hunter's Run Golf and Racquet Club, Inc. LOCATION: Western terminus of Charter Drive North DESCRIPTION: Request to abandon a portion of Charter Drive North, legally described as Parcels A and B B. REZONING (City Commission remanded on January 16, 1996 to the Planning and Development Board) 1. PROJECT NAME: Hills of Lake Eden PUD AGENT: Burlison A. Gentry Gentry Engineering and Land Surveying, Inc. Page 2 Planning & Development Board Meeting Agenda for February 13, 1996 OWNER: LOCATION: DESCRIPTION: C, USE APPROVAL 1. PROJECT: AGENT: OWNER: LOCATl!;ON: DESCRIPTION: 2. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: D, SITE PLANS New Site plan 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: 2, PROJECT: AGENT: Newport Properties, Inc, Northwest corner of S.E. 36th Avenue and Seacrest Boulevard Request for master plan approval to construct 56 single-family detached homes on 15.45 acres of land in connection with a rezoning from R- 1-AAB (single-family residential) to Planned Unit Development with a land use intensity of 5 (PUD with LUI=5) . High Ridge Commerce Park PID Richard C, Ahrens Condor Investments of Palm Beach County, Inc. Northeast corner of High Ridge Road and Miner Road to amend the list of High Park PID permitted uses to distribution and service of Ridge allow turf Request Commerce wholesale equipment. Boynton Commercenter PID Frederick Roth, Jr, PE Michael B, Schorah and Associates Boynton Commercenter, Ltd, Approximately 700 feet south of the southwest corner of Woolbright Road and 1-95. Request to amend the Boynton Commercenter PID list of allowed uses to include communication towers. Tara Oaks PUD Kieran J. Kilday Kilday and Associates, Inc, for Pulte Horne Corporation Tara Oaks Development Company East side of Knuth Road approximately 570 feet north of Woolbright Road Request for site plan approval to develop 14.47 acres of the Tara Oaks PUD for a 192 unit townhouse project with private recreation facilities, The Kilpatrick Company Richard C, Ahrens Page 3 Planning & Development Board Meeting Agenda for February 13, 1996 OWNER: Condor Investments of Palm Beach County, Inc. LOCATION: Northeast corner of High Ridge Road and Commerce Road DESCRIPTION: Request for site plan approval to construct a 39,790 square foot wholesale distribution facility on 3.59 acres in the High Ridge Commerce Park PID (lots 1, 2 and 3) . 9, Comments by members 10, Adjournment NOTICE ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDEN~~ UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (407) 375-6013 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLE ACCOMMODATE YOUR REQUEST, xc: Central File a:agP&Dmtg,FEB Description For the Abandonment of Portions of Right-of-Way in Sec.6 TWP ~6 S., RGE ~3 E. Referred to as Parcels "A" and "B" DESCRIPTION: Two portions of right-of-way in SAction 6, Township ~6 South, Range 43 East as recorded in Official Record Book 2308, Pages lS7-159 of the Public Records of Palm Beach f?ounty, Florida, referred to as Parcels "A" and "B" being more particularly des9ribed as follows: PARCEL "A" Commencing at the Northeast ~orner of Summit Plat No, 1 as recorded in Plat Book 36, Page 49 of the Public Records of Palm Beach County, Florida; thence South 138.13'31" West. along t,he North line of said Summit Plat No.1, (Bearing Reference North Line of said Sununit Plat No.1 bears North flAG1.3'31" East according to the Plat thereof, and all other lines are Relati.ve thereto), said line also being the South line of Charter Drive North as recorded in Official Records Book 2308, Pages 157-159 of the Public Records of Palm Beach County, Florida, a distance of 596.47 feet to the Point of Beginning; thence South 43.13'31~ West along the border of said Summit Plat No.1, a distance Qf 70.71 feet, to a point hereinafter referred to as Point "A"; thence departing said Plat, North 01e46'2C)" West, a distance of 50,00 feet; thence North 8S-13'31" East, a distance of 50,00 feet, to the POINT OF BEGINNING. Containing 0.0287 Acres (1,250 square feetl, more or less. Parcel "B" Beginning at a point previr:H.1sly described as point "A"; thenc~ along the border of s~id Summit Plat. No.1, South 01-46'29" East., a dlstance of 50.62 feet: thence South 138e1.3'31" West. a distallce of 37.96 feet; thence North 35.05'16" East, a distance of 63.2A feet to the Point of Begi.nning, Containing 0.0221 Acres (960 square feetl, more or less. ClINNIN(;r IAt'd & III lHHANCE (;()lIslJllillg ElIgirlflnrs. 111(', Description For the Abandonment of Portions of Right-of-Way in Sec.6 TWP ~6 S., RGE ~3 E. Referred to as Parcel "en A portion of right-of-way in Section 6, Township ~6 South, Range ~3 East as recorded in Official Record Book 2308, Pages 157-159 of the Public Records of Palm Beach County, Florida, referred to as Parcel "C" being more particularly described as follows: Commencing at the Northeast corner of Summit Plat No. 1 as recorded in Plat Book 36. Page ~9 of the Public Records of Palm Beach County, Florida; thence South 88-13'31" West, along the North line of said Sllmmit Plat No.1, (Bearing Reference North Line of said Summit Plat No, 1 bears North 88013'31" East according to the Plat thereof, and all other lines are Relative thereto), said line also being the South line of Charter Drive North as recorded in Official Records Book 2308, Pages 157-159 of the Public Records of Palm Beach County, Florida. a distance of 596,~7 feet; thence South 43013'31" West along the border of said Summit Plat No.1, a distance of 70.71 feet; thence continue along the border of said Summit Plat No, 1, South 01.~6' 29" East,. a distance of 50.62 feet to point on the l1ort,herly Right-oE-Way 0f Surrrnit Drive as shown on said Summit Plat No.1, said Point being the Point of Beginning; t.hence continue South 01046'29" East, a distance of 30,~0 feet; thence South 88013'31" West, a distance of 60.00 f~et; thenr::e North 01046'29" West, a distance of 1.00 feet; thence departing said Plat No.1, North 35A05'1f." East, a distance of 36.74 feet; thence North 88013'31" E~5t, a distance of 37.96 feet to the Point of BeRinnin~, Containing 0.0344 ~cres (1.500 square feet). more or less. ('111\11\111\1('11 ^ ~ 1 Jl, nlll1H ^ I\f('F ('fHl':ldtiIlP rllPillPp.rs 111[', RESOLUTION NO. R96-?~ flU) ~ @ ~ 0 ~1 ~ . ~ It.I\1 JlIt - 9 !996 \ l0 \ ____.-1 ; PL~,NNli~G il~~!) zn~\;n~'~' D~~'! , ___""__ , ~,._,._.....--....-,., _.,..,......' " ..... ,..,....-_- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING PARCEL "C", WHICH IS A PORTION OF THE CHARTER DRIVE NORTH RIGHT-OF-WAY; SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; 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, FLORIDA; PROVIDING AN EFFECTIVE DATE. f!~ I\~ flu bv' .f{~ WHEREAS, the applicant, Stuart Cunningham, agent for Hunters Run Golf and Racquet Club, has requested abandonment of parcels "C", which is a portion of the Charter Drive North right-of-way; WHEREAS, this matter came on before the City Commission on February 20, 1996, and was approved, 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 Parcel "C", which is a portion of the Charter Drive North right-ot-way, described in Exhibit "A", reserving unto the City ot Boynton Beach a 12 foot wide easement dedicated over the existing water main, and . a 30 foot wide easement dedicated over the existing gravity sewer, 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 ot Palm Beach County, Florida, Section 3. That this Resolution shall become effective immediately upon .: passage, PASSED AND ADOPTED this A day of July, 1996, Description for Utility Easement Over a Portion of abandoned Right-of-Way in Sec. 6 TWP 46 S., RGE 43. E Referred to as Parcels "e" Description: A portion of right-of-way in Section 6, Township 46 South, Range 43 East as recorded in Official Record Book 2308, Pages 157-159 of the Public Records of Palm Beach County, Florida, referred to as Parcel "C" being more particularly described as follows: Commencing at the Northeast corner of Summit Plat No, 1 as recorded in Plat Book 36, Page 49 of the Public Records of Palm Beach County, Florida; thence South 88013'31" West, along theNorth line of said Summit Plat No.1, (Bearing Reference North Line of said Summit Plat No.1 bears North 88013'31" East according to the Plat thereof, and all other lines are Relative thereto), said line also being the South line of Charter Drive North as recorded in Official Records Book 2308, Pages 157-159 of the Public Records of Palm Beach County, Florida, a distance of 596.47 feet; thence South 43013'31" West along the border of said Summit Plat No.1, a distance of 70.71 feet; thence continue along the border of said Summit Plat No, 1, South 01046'29" East, a distance of 50.62 feet to point on the Northerly Right-of-Way of Summit Drive as shown on said Summit Plat No.1, said Point being the Point of Beginning; thence continue South 01046'29" East, a distance of 30.40 feet; thence South 88013'31" West, a distance of60.00 feet; thence North 01046'29" West, a distance of 1.00 feet; thence departing said Plat No.1, North 35005'16" East, a distance of36. 74 feet; thence North 88013'31" East, a distance of37.96 feet to the Point of Beginning. Containing 0,0344 Acres (1,500 square feet), more or less, Subject to all easements of record and subject to a 12 foot wide easement dedicated over the xisting water main, and a 30 foot wide SURVEYORSCERTIFlCATE: leasemetnt dedicated overhthe existing gravity sewer to tne ~1 y of Boynton Beac. , . \\ 'E IJEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH TO ACCOMPANY DESCRIPTION WERE PREPARED IN ACCORDANCE WITH TIlE SURVEYING STANDARDS IN CHAPTER 610l7~, OF TIlE FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO SECTION 472.07 OF TIlE FLORIDA sTAnrns. ~ ~~ STIJART H. CUNNINGHAM. P.LS. ~'f::DmTljittJ;ON It )896 CUNNINGHAM & DURRANCE Consullin~ En~ineers, In\., '! 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 Parcel "C'\ which is a portion of the Charter Drive North right-of-way, situated and located in Palm Beach County, Florida, 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 July, 1996, ATTEST: ~~~cA:~~< / Su nne Kruse, City C erk CITY OF BOYNTON BEACH, FLORIDA ~ ~ STATE OF FLORIDA ) )ss: ) COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, personally appeared JERRY TAYLOR and SUZANNE KRUSE, Mayor and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons describe.d 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. WITNESS my hand and official seal in the said State and County this 2~day of July, 1996, A f~,~ NOTARY PUBLIC, State of Florida My Commission Expires: ",,~';f.;:'.~,~~~... EVE EUBANKS MO.' ~ "~~.\ MY COMMIS:;ION II CC27670S EXPIRES ~lc\~:~" 'jC~:U<C T,,~;~I~~'~~I~'J';~Ufv\NCt.~C PREPARED BY: JUN-26-1996 3:55Pm 96-223025 ORB 9326 pg 1477 I ...."..,.,....".,. .. Con 10.00 Doc .70 J JOSIAS & GOREN, P,A. 3099 E. Commercial Blvd, Suite 200 Fort Lauderdale, FL 33308 EASEMENT DEED THIS EASEMENT DEED made this dlcf:j, day of June, 1996, by and between CITY OF BOYNTON BEACH, whose mailing address is 100 East Boynton Beach Blvd.. Boynton Beach, Florida 33435, party of the first part, and the BELLSOUTH TELECOMMUNICATIONS, INC., party of the second part, whose mailing address is Room 501, 326 Fern Street, West Palm Beach, Florida 33401, WITNESSETH: That party of the first part, for and in consideration of the sum of TEN ($10,00) DOLLARS, and other good and valuable consideration to him/her 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, an easement for the purpose of providing ingress and egress for the maintenance and repair of all facilities within that parcel of land located in Palm Beach County, Florida, described on Exhibit "A" attached hereto and made a part hereof as if recited at length. 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 and that the same is unencumbered, Where the context of this easement deed allows or permits, the same shall include the successors or assigns of the parties, IN WITNESS WHEREOF, party of the first part does hereby place his name and seal on the date first above written, Signed, sealed and delivered in the presence of: b< ~~_/ I Signature /<f'.s:e c;~L~ (Witness Print Name) ~~~ Witness Signature ~~-( 11\.~ n -e La ~ Vl J.1.. ~ (Witness Print Name) ORB 9326 pg 1478 BY: STATE OF FLORIDA ) COUNTY OF PALM BEACH) The foregoing was acknowledged before me this ~ day of ~ , 1996 by GERALD TAYLOR, Mayor of the City of Boynton Beach, He~ly known to me.r0! or has produced as identification and did (did not) take an oatt.?<Xl.t ~ ~Vl^<..- Notary Public (Name of Notary typed, printed or stamped) Deed,..m 8eIl,South-Cher1llr Drive 8125198 ill'......', ~i\i/'>",r~~ ROSE MARlf LAMANNA i*: :*~ f8f eot.NSSlON , CC302364 EXPIRES - ~j August 29. 1997 . ,.- 80IIlED TlRllllll\' FAIH 1IISUllANCf. IN:, ORB '7'326 pg 1479 DOROTHY H. WILKEN, CLERK PB COUNTY, FL Description for Utility Easement Over a Portion of abandoned Right-of-Way in Sec. 6 TWP 46 S., RGE 43. E Referred to as Parcels "e" Description: A portion of right-of-way in Section 6, Township 46 South, Range 43 East as recorded in Official Record Book 2308, Pages 157-159 of the Public Records of Palm Beach County, Florida, referred to as Parcel "C" being more particularly described as follows: Commencing at the Northeast corner of Summit Plat No, 1 as recorded in Plat Book 36, Page 49 of the Public Records of Palm Beach County, Florida~ thence South 88013'31" West, along theNorth line of said Summit Plat No.1, (Bearing Reference North Line of said Summit Plat NO.1 bears North 88013'31" East according to the Plat thereof, and all other lines are Relative thereto), said line also being the South line of Charter Drive North as recorded in Official Records Book 2308, Pages 157-159 of the Public Records of Palm Beach County, Florida, a distance of 596.47 feet~ thence South 43013'31" West along the border of said Summit Plat No.1, a distance of70,71 feet~ thence continue along the border of said Summit Plat No.1, South 01046'29" East, a distance of 50.62 feet to point on the Northerly Right-of-Way of Summit Drive as shown on said Summit Plat No.1, said Point being the Point ofBeginning~ thence continue South 01046'29" East, a distance of 30.40 feet~ thence South 88013'31" West, a distance of 60,00 feet~ thence North 01046'29" West, a distance of 1.00 feet~ thence departing said Plat No,l, North 35005'16" East, a distance of36. 74 feet~ thence North 88013'31" East, a distance of37.96 feet to the Point of Beginning. Containing 0,0344 Acres (1,500 square feet), more or less, SURVEYORS CERTIFICATE: \\ 'E HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH TO ACCOMPANY DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS IN CHAPTER 61G17~, OF THE FLORIDA ADMINISTRATIVE CODE, AS SET FORm BY THE FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO SECTION 472.07 OF TIIE FLORIDA STATIJTES. ~ ~ S11JART H. CUNNINGHAM, P.L.S. FLORIDA ijGIS~t:"'ON # 3896 DATE: fJJ ~ 1 ' , '1.,,'~f.if.";, , .- ~"" <-1ft ' : "';'~.~i"~,?,I'..h~' ,'" ....~,..~~i_..,.~;;.t1 <.- t:.. .t :; ~_~. r:r~ .Ce- ~~.~.~_~.~~. ~,;;<;i J J)' ~'~L:~~1, ;."Jn7'.c~'ijr ;~,,:,,.~ '.; -~J-/:'... -'f.~.t /' ""U~}l~l" ,.<.~';" ? ~'-:<J::~~;:~f S~~. . CUNNINGHAM & DURRANCE Consulting Engineers. Ine. iill ~ ~ ~ : ~ ~ ,rn NOTICE OF PUBLIC HEARING PLANNING AND 0'" _ ZONING DEPT. _ NOTICE IS HEREBY GIVEN that the City Commission of THE CITY OF BOYNTON BEACH, FLORIDA, WILL CONDUCT A PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 EAST BOYNTON BEACH BOULEVARD, on Tuesday, February 20, 1996 at 7:00 p.m" to consider an application submitted by Stuart H. Cunningham, agent for Hunters Run Property Owners Association for abandonment of a portion of the Charter Drive North Right-Of-Way in Section 6, Township 46 South, Range 43 East as recorded in Official Record Book 2308, Pages 157-159 of the Public Records of Palm Beach County, Florida, referred to as Parcel "C" being more particularly described as follows: LEGAL DESCRIPTION: Commencing at t.he Northeast corner of Summit Plat No, 1 as recorded in Plat Book 3G, Page 49 of the Public Records of Palm Beach County, F:orida; thence South 88013'31" West, along the North line of said Summit Plat No.1, (Bearing Reference North Line of said Summit Plat No. 1 bears North 88013' 31" East according to the Plat thereof, and all other lines are Relative thereto), said line also being the South line of Charter Drive North as recorded in Official Records Book 2308, Pages 157-159 of the Public Records of Palm Beach County, Florida, a distance of 596.47 feet; thence South 43013'31" West along the border of said Summit Plat No, 1, a distance of 70,71 feet; thence continue along the border of said Summit Plat No, I, South 01046'29" East, a distance of 50.62 feet to point on the Northerly Right-Of-Way of Summit Drive as shown on said Summit Plat No, 1 said Point being the Point of Beginning; thence continue South 01046'29" East, a distance of 30.40 feet, thence South 88013'31" West, a distance of 60,00 feet; thence North 01046'29" West, a distance of 1.00 feet; thence departing said Plat No. I, North 35005'16" East, a distance of 36,74 feet; thence North 88013'31" East, a distance of 37,96 feet to the Point of Beginning. Containing 0.0344 Acres (1,500 square feet), more of less, All interested parties are notified to appear at said hearing in person or by attorney and be heard, Any person who decides to appeal any decision of the City Commission with respect to any matter considered at this meeting 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, CITY OF BOYNTON BEACH SUZANNE M. KRUSE, CMC/AAE CITY CLERK (407) 375-6062 a:HunSumCh.lgl PUBLISH: THE POST FEBRUARY 1, 1996 c: City Mgr, City Attny, City Commission, Planning, Files .... ...., "",,,'} I II,,,,, NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission of THE CITY OF BOYNTON BEACH, FLORIDA, WILL CONDUCT A PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 EAST BOYNTON BEACH BOULEVARD, on Tuesday, February 20, 1996 at 7:00 p.m., to consider an application submitted by Stuart H. Cunningham, agent for Hunters Run Golf and Racquet Club to abandon two portions of the Charter Drive North Right-Of-Way in Section 6, Township 46 South, Range 43 East as recorded in Official Record Book 2308, Pages 157-159 of the Public Records of Palm Beach County, Florida, referred to as Parcels "A" and "B" being more particularly described as follows: LEGAL DESCRIPTION: PARCEL "A" Commencing at the Northeast corner of Summit Plat No, 1 as recorded in Plat Book 36, Page 49 of the Public Records of Palm Beach County, Florida; thence South 88013' 31" West, along the North line of said Summit Plat No, 1, (Bearing Reference North Line of said Summit Plat No, 1 bears North 88013'31" East according to the Plat thereof, and all other lines are Relative thereto), said line also being the South line of Charter Drive North as recorded in Official Records Book 2308, Pages 157-159 of the Public Records of Palm Beach County, Florida, a distance of 596.47 feet to the POINT OF BEGINNING; thence South 43013'31" West along the border of said Summit Plat No, 1, a distance of 70,71 feet to a point hereinafter referred to as Point "A"; thence departing said Plat, North 01046'29" West, a distance of 50,00 feet; thence North 88013'31" East, a distance of 50.00 feet, to the POINT OF BEGINNING. Containing 0.0287 Acres (1,250 square feet), more of less, PARCEL "B" Beginning at a point previously described as point "A"; thence along the border of said Summit Plat No, 1, South 01046'29" East, a distance of 50,62 feet; thence South 88013'31" West, a distance of 37,96 feet; thence North 35005'16" East, a distance of 63,28 feet to the POINT OF BEGINNING, Containing 0.0221 Acres (960 square feet), more of less, All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the City Commission with respect to any matter considered at this meeting 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. CITY OF BOYNTON BEACH SUZANNE M. KRUSE, CMC/AAE CITY CLERK (407) 375-6062 a : HunSumAB .191 PUBLISH: THE POST FEBRUARY 1, 1996 c: City Mgr, City Attny, City Commission, Planning, Files rz~t City of t:Boynton t:Beacli l0 ~ u\~ ,Ii; i W' Ai- () ,,'J 5 i \ L~ l~ ! PLANNING AND ZONING DEPT. , ;\ ,-~~ , < /Z~TfE'< --=- -- JUL-31-1996 U:38am 96-264809 ORB 9375 P9 796 I ..........__ CERTIFICATION I, Suzanne M. Kruse, City Clerk of the City of Boynton Beach, Florida, do hereby certify that attached Resolution #R96-90, consisting of one (1) page; Exhibit "A" one (1) page; and Disclaimer, one (1) page is a true and correct copy as it appears 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 29th of July, 1996. ~\'\""""'I/I" O " :II/, f9 ytv-r ~ ~~o ..:GORPO~..~.,,\ .... 'JI"" "'V.A..~:iil! o ~. ~ a.26) ~ ~ ... ~"'l ...."..() ~/I. ORIOP- ~~ 1"'11"1111\\\\\\\' ~~~~~ Suz ne M. Kruse, CMC/ A E City Clerk July 29,1996 \mas s: \cc: \ wp \certifyj j{~rita:S (jateway to tlit (julfstream i I 'I, ill ORB t :',' ,t~; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ABANDONING PARCEL "C", WHICH IS A PORTION OF THE CHARTER DRIVE NORTH RIGHT-OF-WAY; SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; 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, FLORIDA; PROVIDING AN EFFECTIVE DATE. PLANNING AND ZONING OEPT. WHEREAS, the applicant, Stuart Cunningham, agent for Hunters Run Golf and Racquet Club, has requested abandonment of parcels "C", which is a portion of the Charter Drive North right-of-way; WHEREAS, this matter came on before the City Commission on February 20, , 1996, and was approved, 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 Parcel "C", which is a portion of the , Charter Drive North right-of-way, described in Exhibit "A", reserving unto the City of , Boynton Beach a 12 foot wide easement dedicated over the existing water main, and , a 30 foot wide easement dedicated over the existing gravity sewer. , 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, , . I Section 3. That this Resolution shall become effective immediately upon ': passage. PASSED AND ADOPTED this A day of July, 1996. ommissioner:.-..... ~~, c= \ -l.-- ____ Commissioner ---c..J LL-)LL crsioner "EXHIBIT A" ORB 9375 P9 798 Description for Utility Easement Over a Portion of abandoned Right-of-Way in Sec. 6 TWP 46 S.. RGE 43. E Referred to as Parcels "e" Description: A portion of right-of-way in Section 6, Township 46 South, Range 43 East as recorded in Official Record Book 2308, Pages 157-159 of the Public Records of Palm Beach County, Florida, referred to as Parcel "C" being more particularly described as follows: Commencing at the Northeast corner of Summit Plat NO.1 as recorded in Plat Book 36, Page 49 of the Public Records of Palm Beach County, Florida~ thence South 88013'31" West, along theNorth line of said Summit Plat No, I, (Bearing Reference North Line of said Summit Plat NO.1 bears North 88013'31" East a~cording to the Plat thereof, and all other lines are Relative thereto), said line also being the South line of Charter Drive North as recorded in Official Records Book 2308, Pages 157-159 of the Public Records of Palm Beach County, Florida, a distance of 596.47 feet~ thence South 43013'31" West along the border of said Summit Plat No. I, a distance of 70. 71 feet~ thence continue along the . border of said Summit Plat No, I, South 01046'29" East, a distance of 50.62 feet to point on the Northerly Right-of-Way of Summit Drive as shown on said Summit Plat No.1, said Point being the Point of Beginning~ thence continue South 0 I 046'29" East, a distance of 30,40 feet~ thence South 88013'31" West, a distance of6O.oo feet; thence North 01046'29" West, a distance of 1,00 feet; thence departing said Plat No.1, North 35005'16" East, a distance of 36, 74 feet~ thence North 88013'31" East, a distance of37.96 feet to the Point of Beginning. Containing 0,0344 Acres (1,500 square feet), more or less, Subject to all easements of record and subject to a 12 foot wide easement dedicated over the xisting water main, and a 30 foot wide Sl'RVEYOUCERTlFlCA1'E: I easemetnt dedicated overhthe existing gravity sewer tc tne ~1 y of Boynton ~eac. ' \\ E IIEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH TO ACCOMPANY DESCRJmON WERE PREPARED IN ACCORDANCE wrm TIlE SURVEYINO STANDARDS IN CHAPTER 61017-6. OF TIlE FLORJDA ADMlNlSTRA nVE CODE. AS SET FORTH BY TIlE FLORJDA BOARD OF LAND SURVEYORS. PURSUANT TO SECTION 472,07 OF TIlE FLORJDA sTAnrms. ~ ~ STUART H. CUNNINGHAM. P,LS, FLORIDA ~q~noN /I ll96 DATE: ~~ CUNNINGHAM 81 DURRANCE ConsullinR EnRineers, Inc.. 'I DISCLAIMER ORB 937C; P9 799 DOROTHY H. WILKEN, CLERK PB COUNTY f FL 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 'I hereby abandon and disclaim Parcel "C", which is a portion of the Charter Drive North right-of-way, situated and located in Palm Beach County, Florida, 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 July, 1996. ATTEST: V~~<k~~,/ SU nne Kruse, City C erk CITY OF BOYNTON 6EACH, FLORIDA # STATE OF FLORIDA COUNTY OF PALM BEACH ) )ss: ) BEFORE ME, the undersigned authority, personally appeared JERRY 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 I. . 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. WITNESS my hand and official seal in the said State and County this 2.~day of July, 1996, A i~, i:A~ NOTARY PUBLIC, State of Florida My Commission Expires: ~~~~~~ ~/~EUBANKS f:f' ~"f.\ MY GO~MIS:;IOii #CC21~105 EXPIRES """,:,_:,~,;"':f 1111111;,) 199/ .~~~~:;'::~~~~~.. '1Ct;L,~ !:;?t! HiJY tr\lN If~(.j~t :NC.