LEGAL APPROVAL
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CITY of
BOYNTON BEACH
@'120E.BOYntonBeachBlvd'
/ ~~'.?# \ P. O. Box 310
~. :~"~;BOynton Beach', Florida 33425-0310
. . (407,) 738-749~
OFFICE OF THE PLANNING DIRECTOR
19 December 1988
Mr. Craig Livingstone, President
Siteworks, Inc.
1301 North Congress Avenue
Boynton Beach, FL 33426
RE: Kentucky Fried Chicken
Request for Site Plan and Conditional
Use Approval
Our file no. 123
Dear Mr. Livingstone:
Please be advised that on Tuesday, November 15, 1988 the City' .
Commission approved the referenced site plan and conditional use
request, subject to staff comments, copies of which are attached.
For purposes of clarification, please be advised of the
additions/deletions to staff comments which were either
specifically included or implied as a result of the Commission's
action as follows: ,
1. Deletion of comment number 6 from the Building Department.
2. Deletion of comment number 4 from the Engineering Department.
3. Deletion of the requirement to install a raised medium on
Boynton Beach Boulevard.
4. The alley to the rear is to be abandoned as requested provided
. an ingress/egress utility easement is dedicated and all
utilities are relocated at the developer's expense.
5. Deletion of comments related to traffic flow access from the
Director of Community Improvement.
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In addition, in order to clarify consistency with the Urban
Development Plan, please be advised of the following:
a. Substitute mansard roof for pitched roof.
b. Freestanding sign is permitted in the rear of the
building, subject to criteria outlined in design
guidelines.
c. Sign color must relate to building color.
d. Roof 'or groundmounted mechanical equipment to have proper
screening.
e. Streetscape improvements must be coordinated with Coastal
Corners architect.
In conclusion, the Commission is requiring that a new set of
colored elevations' be submitted for the modified building, and
project signs must be resubmitted to the Community Appearance
Board.
Very truly yours,
CITY OF BOYNTON BEACH
CZ-a '_. ~
Carmen S. Annunziato, AICP
Planning Director
/bks
cc: City Manager
Director of Community Improvement
Technical Review Board
Central File
RESOLUTION NO. 90-.ppPPP
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
CONSENTING TO ACCEPT AND AWARD AN
EASEMENT AGREEMENT BETWEEN THE CITY OF'
BOYNTON BEACH, FLORIDA AND. JUAN
GAVIbAN-i AUTHORIZING AND DIRECTING THE
~ AND CITY CLERK TO EXECUTE SAID
AGREEMENT; A COPY OF SAID EASEMENT
AGREEMENT BEING ATTACHED HERETO AS
EXHIBIT "A"; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
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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, hereby consents to accept and does award an
easement agreement for the purpose of construction of a
sidewalk between the City of Boynton Beach and Juan
Gavilan.
Section 2.
The Mayor and City Clerk are hereby
authorized and directed to execute said Easement Agreement.
Section 3.
This
Resolution
shall
take
effect
immediately upon passage.
PASSED AND ADOPTED this c1/ day of August, 1990.
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CIT~~NTON BEACH, FLORIDA
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ATTEST:
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'Ci Clerk
"(Corporate Seal)
PREPARED BY:
Carol MacMillan Stanley, Esquire
29 N. E. Fourth Avenue
Delray Beach, Florida 33483
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EASEMENT AGREEMENT
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CI o/Cf9o THIS GRANT OF EASEMENT made this /9~ day of DooE:l'ftscr,
y;i W89r, between JUAN GAVILAN (hereinafter referred to as "Grantor")
crs, and CITY OF BOYNTON BEACH (hereinafter referred to as "Grantee").
WIT N E SSE T H:
WHEREAS, Grantor is the owner of the real property located
in Palm Beach Coun-ty, Florida described as:
Lots 21, 22, 23 and 24, Block 1, SHEPARD-FUNK ADDITION,
Boynton Beach, Palm Beach County, Florida, less the
East 10 feet of said Lot 24 and less the right of way
for State Road 804 TOGETHER WITH a 14' alley lying
north of, adjacent and abutting to Lots 21, 22, 23 and
24, Block 1.
and,
WHEREAS, Grantee's sidewalk adjacent to N. E. First Street
encroaches onto Grantor's property,
NOW, THEREFORE, for good and valuable consideration in the
form of the mutual covenants contained herein, the sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. Representations. The foregoing representations are
true and correct and incorporated hereby by reference.
2. Grant of Easement. Grantor hereby grants unto the
Grantee an easement (the "Easement") over the Property for the
purpose of construction of a side walk adjacent to N. E. First
Street as described on Exhibit "A", including the reasonable
right of ingress and egress for personnel and equipment of
Grantee, Grantee's contractors, agents, successors or assigns
over the Property for the purpose of exercising and enjoying the
rights granted to the Grantee herein. Such ingress and egress
shall be confined to the greatest extent possible to the existing
public and pr i va te roads, pa ths , and rights -of -way currently in
use, or hereinafter created, on the Property.
3. Terms of Easement. This easement shall be for a term
equal to the term of Grantee's use of the property to maintain a
public sidewalk.
4. Limitations on Easement Use. Grantee shall conform its
use of the easement to all applicable laws, codes, ordinances and
statutes.
5. Repair and Restoration. Grantee shall fill and level
all ditches, ruts and depressions caused by installation, con-
struction or repair operations carried out by Grantee and shall
restore the surface of the Property and any landscaping disrupted
to its original condition after the installation.
6. Binding Effect. This agreement shall be binding upon
and shall inure to the benefit of the parties hereto and their
respective successors and assigns.
_1.
EXHIBIT "A"
.
I.CilAL IlItOCR r rT 10"
~._.LO fOlJL'!l.tJR_~~$ttflt'T_ '(,fL~lll'\~6&.~
TIIAT CltRTAI" I 0 ,00T Willi lASF.MItHT ,nR SIOrWAr,lC. '11"0 A F"ORTJOH
.. OF LOTS 21. 22. 2:!, "Iff' 'U. Bl.OCK " 5J'ItM'ARlJ-.'1fQC "DOlTtOft 10 TlIK
T0\JN 0' oonnON 81ACH, f'AI.H ~'ACII COUNTY, FLf)J.!DA AS AICOIHlItD IN
F"LA T [lOOK " rAn,; I ~. f>U8L Ie Aln..,.,~ OF PALH 9r."~. COUHTY, rLOIU DA,
t.'''!'C rill r"" 10"1T 0' ~AI[I LOT 2" A"D "It~~ T'tI RloHT.or.WA't rOR
!1T A Ta ItQ.\I) po..
ALSO:
tHAT ell"TAI" 'OURTIIN FOOT ALLIY LYlN<1 N('t~TtI 0'. .AOJACIMT ANtt
~BUTTINa TO LOTS 21, :U,2J. I 24 INCLU~rVl!: IN 11'.00<< 1 01" .,1"",,,,1)-
rtnn{ AODITIOIt TO TIll TOWN 0' AOYNTOH Bf.ACH. A5 ",ooROI(' IN PLAT
BOOK 1. PtOI1S. PALM BI!ACHCOUNTY, "LORIOA. A/I)/A A ,0URTlIN rOOT
ALL~YWAV YlNO I10Unt 0', ^O.,^C~NT AND Anl/TTlNO TO LOTS", 3,:2, , 1
IHr:l,lISIVr IH BL~t( I 0' Slfltf'fIARDuP"1MC A[)OITlOH TO T!flt TOWN 0'
Pt:'YHTNi BP.ACH, AS RICOROID IN PLAT 80('11( t, r,ol U, rM.11 BaACU
COUNTY,' tLORIOA,
SAI0 J.O .'OOT WIDI IASIH~H' R~'NOHORK rA"TI~J~A~LY DI~RInID A8
roLLOWS!
THI rt^ST 1.0 'IU 0' THF. AFOI1,.HIHTtotn:o L01 .., DL('l(1( 1 AND
'O\IRTil!H F001 ALLIY A5 IT ABUTl' THI wtST RrOHT-'W~WA'" Llre'- ('\, ",I.
1ST STftr.IT.
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RESOLUTION NO. 90-00000
ipc-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
CONSENTING TO ACCEPT AND AWARD A
~TILITY EASEME~ AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH, FLORIDA AND
--ill:IAN GAVILAN; AUTHORIZING AND
DIRECTING THE-MAYOR AND CITY CLERK TO
EXECUTE SAID AGREEMENT; A COPY OF SAID
EASEMENT AGREEMENT BEING ATTACHED
HERETO AS EXHIBIT "A"; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
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, hereby consents to accept and does award a
utility easement agreement for the purpose of operation and
maintenance of fire hydrant facilities between the City of
Boynton Beach and Juan Gavilan.
Section 2.
The Mayor and City Clerk are hereby
authorized and directed to execute said Utility Easement
Agreement.
Section 3.
This
Resolution
shall
take
effect
immediately upon passage.
PASSED AND ADOPTED this of/ day of August, 1990.
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C I TY/o/"'BOYNT9N7 BEACH , FLORIDA
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Commissioner
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ATTEST:
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Ci~ Clerk
(Corporate Seal)
PREPARED BY:
Carol MacMillan Stanley, Esquire
29 N. E. Fourth Avenue
Delray Beach, Florida 33483
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EASEMENT AGREEMENT
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C/ u /990 THIS GRANT OF EASEMENT made this /9- day of Deoember,
0! W89r, between JUAN GAVILAN (hereinafter referred to as "Grantor")
(r)1 and CITY OF BOYNTON BEACH (hereinafter referred to as "Grantee").
WIT N E SSE T H:
WHEREAS, Grantor is the owner of the real property located
in Palm Beach County, Florida described as:
Lots 21, 22, 23 and 24, Block 1, SHEPARD-FUNK ADDITION,
Boynton Beach, Palm Beach County, Florida, less the
East 10 feet of said Lot 24 and less the right of way
for State Road 804 TOGETHER WITH a 14' alley lying
north of, adjacent and abutting to Lots 21, 22, 23 and
24, Block 1.
and,
WHEREAS, Grantee's sidewalk adjacent to N. E. First Street
encroaches onto Grantor's property,
NOW, THEREFORE, for good and valuable consideration in the
form of the mutual covenants contained herein, the sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. Representations. The foregoing representations are
true and correct and incorporated hereby by reference.
2. Grant of Easement. Grantor hereby grants unto the
Grantee an easement (the "Easement") over the Property for the
purpose of construction of a side walk adjacent to N. E. First
Street as described on Exhibit "A", including the reasonable
right of ingress and egress for personnel and equipment of
Grantee, Grantee's contractors, agents, successors or assigns
over the Property for the purpose of exercising and enjoying the
rights granted to the Grantee herein. Such ingress and egress
shall be confined to the greatest extent possible to the existing
public and private roads, paths, and rights-of-way currently in
use, or hereinafter created, on the Property.
3. Terms of Easement. This easement shall be for a term
equal to the term of Grantee's use of the property to maintain a
public sidewalk.
4. Limitations on Easement Use. Grantee shall conform its
use of the easement to all applicable laws, codes, ordinances and
statutes.
5. Repair and Restoration. Grantee shall fill and level
all ditches, ruts and depressions caused by installation, con-
struction or repair operations carried out by Grantee and shall
restore the surface of the Property and any landscaping disrupted
to its original condition after the installation.
6. Binding Effect. This agreement shall be binding upon
and shall inure to the benefit of the parties hereto and their
respective successors and assigns.
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7. Dispute.
term or provisions
such dispute shall
costs.
In the event of any dispute regarding any
of this agreement, the prevailing party in
be entitled to recover attorneys fees and
IN WITNESS WHEREOFh.}he parties have hereunto affixed their
hands and seals this 1""""- day of D~QQmDOr, ~B9. )--;:5
mAY'(. L- 1'1 , D (/
Signed, sealed and delivered I ~~,~
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0) U I(;T~-::- U CITY OF BOYNTON BEACH
By:
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the County afore-
said to take acknowledgments, personally appeared JUAN GAVILAN,
to me known to be the person described in and who executed the
foregoing instrument. -~ C'i~
WITNESSES my han~,?pd official County and State
last aforesaid this I 'f"J-- day 0 ~.
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Notary Public
MY Commission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
i:OTARY PU3UC sr/\TE n:c f'f rTr 1
,:"1Y COMMISS!0~'! ::XP. ,~.r..q j'':.: i'/]
3-QNOED iHPU GE.'iErnL : ,',-~. ::':.,,
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the County afore-
said to take acknowledgments, personally appeared
as of the City of
Boynton Beach, to me known to be the person described in, and who
executed the foregoing instrument and he/she acknowledged before
me that he/she executed the shame on behalf of the City of
Boynton Beach.
WITNESS my hand and official seal in the
last aforesaid this day of
County and State
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Notary Public
My Commission Expires:
PRE~ARED BY: Carol M. Stanley, Esq.
29 NE 4th Ave.
Delray Beach, FL 33483
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EASEMENT AGREEMENT
THIS GRANT OF EASEMENT made this /Cjg day of ~, 1990, between
JUAN GAVILAN (hereinafter referred to as "Grantor") and CITY OF BOYNTON BEACH,
DEPARTMENT OF UTILITIES (hereinafter referred to as "Grantee").
WIT N E SSE T H:
WHEREAS, Grantor is the owner of the real property located in Palm Beach
County, Florida described as follows:
Lots 21, 22, 23 and 24, Block 1, SHEPHARD-FUNK ADDITION, Boynton
Beach, Palm Beach County, Florida, less the East 10 feet of said
Lot 24 and less the right of way for State Road 804 TOGETHER WITH
a 14' alley lying north of, adjacent and abutting to Lots 21, 22,
23 and 24, Block 1.
WHEREAS, Grantee requires access to the property, and the right to
operate and maintain the fire hydrant facilities thereon,
WHEREAS, Grantor has agreed in consideration of the sum of Ten Dollars
and other good and valuable consideration to grant to Grantee and all other
persons claiming by, through or under Grantor, or either of them, their
predecessors in title, or their heirs, assigns or. legal representatives by
virtue of any deeds of conveyances, an easement over the land described below,
for the purposes and in the manner expressed below;
NOW, THEREFORE, for good and valuable consideration in the form of the
mutual covenants contained herein, the sufficiency of which is hereby acknowl-
edged, Grantor hereby grants unto Grantee an easement (the "Easement") over,
under and upon the following described property for the purposes described
herein, including the reasonable right of ingress and egress for personnel and
equipment of Grantee, Grantee's contractors, agents, successors or assigns
over the Property for the purpose of exercising the rights granted to the
Grantee herein:
A 10 foot wide easement for utilities being a portion of Lot 23 of
SHEPHARD FUNK ADDITION, as recorded in Plat Book 2, Page 15, of the
Public Records of Palm Beach County, Florida.
The centerline of the aforementioned easement being more particular-
ly described as follows:
Commence at the North East corner of Lot 24 of the aforementioned
SHEPHARD FUNK ADDITION; thence proceed westerly along the North
property line of Lot 24 and Lot 23 a distance 'of 73.0 feet to the
Point of Beginning of the Centerline of the 10 foot wide easement;
thence proceed southerly at a right angle to the North property line
of Lot 23, along the centerline of the easement, a distance of 30.0
feet more or less to the Point of Termination of said centerline of
easement.
hereinafter known as (the "Property").
1. Terms of Easement. This
term of the franchise, permit, or
operates to supply fire hydrant
vicinity.
easement shall be for a term equal to the
license under which said Grantee lawfully
services to Grantor's property and its
2. Limitations on Easement Use. Grantee shall conform its use of the
easement to all applicable laws, codes, ordinances and statutes.
], ~epair and Restoration. Grantee shall fill level all ditches, ruts
and depressions caused by installation, construction or repair operations
carried out by Grantee and shall restore the surface of the Property and any
landscaping disrupted to its original condition after the installation.
~. 9 inding Effect. This agreement shall be binding upon and shall
inure to the benefit of the parties hereto and their respective successors and
assigns.
5. Nonexclusive. It is understood that the easement is given upon the
express condition that it may be used by the Grantor, his heirs, executors,
agents and assigns, in conjunction with the use of Grantee.
6. Limitation of Liability. It is understood that Grantor, his heirs
and assigns in no way assume any liability or responsibility to Grantee or
others likely situated or any person using the land by invitation express or
implied or otherwise.
7. Dispute. In the event of any dispute regarding any term or provi-
sions of this agreement, the prevailing party in such dispute shall be enti-
tled to recover attorneys fees and costs.
IN WITNESS WHEREOF, jJ1~ parties have hereunto affixed their hands and
seals this / tf day of m~, 1990.
Signed, sealed and delivered
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~ GAVILAN _
CITY OF BOYNTON BEACH
By:
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State aforesaid and in the County aforesaid to take acknowledgments,
personally appeared JUAN GAVILAN to me known to be the person described in and
who executed the foregoing instrument and he acknowledged before me that he
executed the same.
wrxmss my hand ind.offic;ial seal in the County and State last aforesaid
this /'1-~ day of ~ , 199~ . . ~
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N'otary Public
My C9mmission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
NOTARY PUBLIC STATr OF FLORIDA
MY COMMISSION EXP, APR 19,1993
BONDED THRU GENERAL INS. UNO.
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State and County aforesaid to take acknowledgments personally appeared
as of the City of Boynton
Beach to me to be the person described in, and who executed the foregoing
instrument and he/she acknowledged before me that he/she executed the same on
behalf of the City of Boynton Beach.
WITNESS my hand and official seal in the County and State last aforesaid
this day of , 1990.
Notary Public
My Commission Expires: