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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