LEGAL APPROVAL
MINUTES - REGULAR CITY COMMISSION MEETING
~OYNTON BEACH, FLORIDA '''V
JULY 5, 1994
City Manager Parker will review the minutes and infonm Flutie that the donation
is part of their requirements.
City Manager Parker also advised that the agreement contains a provision for
barrel tile for all roof shelters. A suggestion was made that the Commission
may wish to have the shelter designed to the Design District criteria. Flutie
has no problem with either suggestion.
Commissioner Aguila would prefer to have the flexibility of making the decision
based on matching the Design District.
City Manager Parker will infonm Flutie of the donation of the shelter to the
Tennis Shelter and change the contract to reflect the design of the shelters to
the predominant design in the community.
The motion carried unanimously.
Motion
7. Proposed Resolution No. R94-114 Re: Abandoning a portion of a
specia 1 purpose utili ty easement located at the northeast corner h ^ "Va
of Pl aza Lane and Congress Avenue.J\l?J~ :~1'
Attorney Goren read Proposed Resolution No. R94-114 by title only. '?-,P('~)
y ,~\~yP-
Commissioner Aguila moved approval of Proposed Resolution No. R94-114. Commis-
sioner Katz seconded the motion.
City Manager Parker said this easement is the result of Cuco's encroaching on
the utility easement. The City has not issued the final Certificate of
Occupancy because of that encroachment. The Building Department did not require
a survey as part of the original Building penmit.
In response to Mayor Hanmening's question, City Manager Parker advised that the
building only encroaches a few feet into the easement. Commissioner Aguila
reminded the Commissioners that this easement is no longer needed.
Vice Mayor Matson pointed out that this building was not painted the color which
was agreed on. When Cuco's was notified of the mistake, they refused to change
the color of the building. It is a tacky building with neon signs and Christmas
tree lights around the outside. Vice Mayor Matson feels the City has some
leverage and may want to exercise it now. She would like something in writing
from them that as soon as the building warrants painting, it will be painted to
match the surrounding buildings.
City Manager Parker advised that the Christmas tree lights were approved because
they were on the site plan which was submitted to the City Commission. The neon
sign is part of the Sign Code.
Although Commissioner Aguila agreed that the building is atrocious, but these
are separate issues which should not be tied to one another.
Mayor Hanmening said the City can require him to paint the building immediately
if Cucols expects an abandonment of the easement. At present, the building has
been constructed over the easement.
- 19 -
BOYNTON BEACH UTILITY DEPARTMENT
EASEMENT APPROVAL AGREEMENT
Please return to:
Fru-Con Development of FL, Inc.
15933 Clayton Road
Balfwin, MO 63022
Attention: Richard G. Maloof
To: Boynton Beach Utilities Dept.
124 S.E. 13 Avenue
Boynton Beach, FL 33433
Gentlemen:
I am the record title holder of property located at S.E. corner of Conaress & HVDoluxo. I propose to
apply for a permit from the City of Boynton Beach to construct or install a Cuco's Restaurante "Shelf
& Core" in the utility easement on my property, the legal description of this property being:
Lot
N/A
Block
N/A
Subdivision
N/A
or Metes & Bounds Leaal descriPtion according to the Plat of Boynton Lakes Plaza recorded in Plat Book
70 on Pages 47 and 48 of the Public Records of Palm Beach Countv, Florida.
Futhermore, the record title holder will file with the City of Boynton Beach, a quit claim deed to revise
a portion of the existing utility easement per ORB 6781, pgs. 1948-1953 (North 850, 0 minutes, 24
seconds East), which will no longer be required due to the elimination of the fire line double check,
double gate valve which would have served Outparcel #3 (Cuco's Restaurante). Please refer to
attached sketch for clarification and location of said easement.
In the event that you have no objections to this improvement, please complete this form.
I understand that your company will not be responsible in any way for repairs to, or replacement of,
any portion of the above referenced improvement and that any removal or replacement of this
improvement necessary for your use or access of this easement will be done at the expense of the
property owner or their successors in interest.
'"
Bovnton Lakes Plaza Partnership
owne,/e
~
Owner's Signature
for Fru-Con Developmen FL, Inc.,
a gent.3ral partl1er of Boynton Lakes Plaza pa::nershiP 11 AU//1 Au
Sworn to and subscribed before me this l? - day Of~, 1994
.r~
~ot TV Public
ACKNOWLEDGEMENT:
, .r r.e("?/tJsv i
My Commission Expires: NOT KATHLEEN A HOFFMAN -
ARY PUBLIC STATE OF MISSOURI
ST LOUIS COUNTY
MY COMMISSION EXP JUNE 23,1996
We agree to the proposed improvement under the circumstances described above.
John A. Guidry
Director of Utilities
\
i
\
I
\
'\
-...--
60.01'
-- -
I POINT OF COMMENCEMENT
NORTHWEST CORNER OF SECTION 8
.TOWNSHIP 45 SOUTH, RANGE 43 EAST HYPOLU'XO ROAD
~ ~~M 'e&AC!..\4 c.ou~'-)l3RA-;~ "OJSl.. - -\ - - - - - .
8
~ NORTH LINE OF SECTION 8-45-43
...-...-..-...-...-...-...-...-...-...-...-...
, 8 -(O.R.B. 4692., PAGE 1742.-1743)
re DEDICATED RIGHT OF WAY NB5010' 2<!
PARCEL "Aft ~ 472.56"
_ !! N85elO'24"E '47.0(
180.40'- --=--=- - ~_t____--_137.00'--
--------.--.-
F~P
~M "
_ -:l~~/
POINT OF BEGINNING
--...--...-...---...---...----...--
~ \q
~~ 1e
~Itl
o
VI
~N=~5~ ~.~ _ __
S85e10'24"W
N85010' 24"E 193.43
- ':='~10t24"W =-\77.43'-- -=-:1
--- NR.........
.-- ~
N85010' 24"E 165.49'
- - - 19QfVlr- - -
/ *,,- - -
N85e10'24"E 134.91'
r--N40.44' 42"E 56.00'
N40e44' 43"E rUt:' ~M
35.00' PL~:I:~~
D,=oe44'26"
R-' \383.16'
A=\47.13'
BOYNTON LAKES
COMMERCIAL
PB 69, PC 97
--
--
&>~!:F.~ IJ~ ta3ll
~l~_ ~C~fl.a0DJf- --
--
- ---
"1 \"" - - NBS-W24-E- - -
~J
l.W.D.O.
L-18 .CA
CENTER..H:
-
,~, ~v.J \.,.'
12' oc-
LEGAL DESCRIPTION
Part of Utility Easements
Boynton Lakes Plaza
A parcel of land, within the Plat of Boynton L.ke. Plaza, Plat
Book 70, Pa.. 47, lyin. in Section 8, Town.hip 45 South, Ran.e 43
Ea.t, City of Boynton B.ach, P.la B.ach County, Florida, beinl
mora particularl, d..crib.d .. follow..
Com.encio. at tb. Southeast (S.E.) corn.r of tb. Plat entitled
"Boynton Lak.. Co...rci.1" a. r.cord.d in Plat Book 69, P.I. 97
oa the Public aecord. of P.1a,a..ch County, rlorida. th.nc. Mortb
4 49'36" We.t, a10nl the B.eterl, boundary line of .aid Plat, a
distanc. of 66.46 f.et to ,the Point of Be.inninl' th.nc. North 8~
10'24" !ast, a distance of 32.00 f.et. thence Nortb 7~57'20"
East, a distanc. of 4.04 fe.t, thence Nortb 49049'36" West,.
distance of . 10.61 feet; thence South 85010'24" W..t, a distance
of 28.49 feet more or les. to a point on tbe B.st.rly boundary
line of said Plat' thenc. South 4049'36" Eaat, alonl the Ea.terly
boundar, lin. of .aid Plat, a di.tance of 8.15 f..t to the Point
of Be.1nninl.
Containinl 0.0061 acr.. more or 1....
~
-...;
~
...""
RESOLUTION NO. R94-//~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
ABANDONING A PORTION OF A SPECIAL PURPOSE
UTILITY EASEMENT, LOCATED AT THE NORTHEST~
CORNER OF PLAZA LANE AND CONGRESS AVENUE;
SAID PROPERTY BEING MORE PARTICULARLY
DESCRIBED HEREIN; AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A DISCLAIMER
FOR SAID UTILITY EASEMENT; PROVIDING THAT
THE ATTACHED DISCLAIMER BE RECORDED IN
THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; PROVIDING AN EFFECTIVE DATE.
~
~
~
WHEREAS, Simmons and White, Inc., agent for Boynton Lakes
Partnership, owners of the Boynton Lakes Plaza, is requesting
, abandonment of a portion of a special purpose utility easement
, that encroaches the southwest corner of Cuco's Restaurant; 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
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 by and through its City Commission does hereby
: abandon a portion of a special purpose utility easement,
, located at the corner of Congress Avenue and Hypoluxo Road,
: in the City of Boynton Beach, Florida and attached hereto as
Exhibit "A".
!i
!i Section 2. The Mayor and City Clerk are hereby
I; 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.
CITY OF
c;/"/~ ._
~r /
~/. t)x~ J ~.a.:.......
". e Mayor
~,
Section 3. That this Resolution
effective immediately upon passage.
shall
PASSED AND ADOPTED this ~
day of July, 1994.
Mayor
C ornmi
ATTEST:
'-,j
I ~
'V ~r~)f/v / ~/J/ /. Jr.
Ciiy Clerk
Aband.Pla
Cuco.6/24/94
become