LEGAL APPROVAL
MEMORANDUM
TO:
BULENT KASTARLAK, DIRECTOR OF DEVELOPMENT
FROM:
SUE KRUSE, CITY CLERK
DATE:
OCTOBER 6,1998
RE:
EASEMENT - PALM BEACH REALTY INVESTORS, INC.
Attached please find copies of the above mentioned easement which was recorded in
Palm Beach County on September 29, 1998.
~~
iui;o~: 41~1&
L .~ J
PLAi~NING ANO
ZONING DEPT.
C: Engineering
Planning
Utilities
Central Files
MEMORANDUM
TO:
BULENT KASTARLAK, DIRECTOR OF DEVELOPMENT
FROM:
SUE KRUSE, CITY CLERK
DATE:
OCTOBER 6, 1998
RE:
EASEMENT - PALM BEACH REALTY INVESTORS, INC.
Attached please find copies of the above mentioned easement which was recorded in
Palm Beach County on September 29,1998.
~~
iJ~I' ~ ~4';~lrni
~ J
PLANNING AND
'_.'__ lONING DEPT.
C:
Engineering
Planning
Utilities
Central Files
I ~J
MINUTES OF TH. ...ANNING & DEVELOPMENT BOARD 1\ .T1NG UU
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLOR A,
ON TUESDAY, FEBRUARY 24,1998 AT 7:00 P.M.
~ :.'9 is U .:1 '.5 II '
~25:~ I~
PLANNING AND
ZONING DEPT.
PRESENT
Lee Wische. Chairman
James Reed, Vice Chairnan
Jose Aguila
Stanley Dubs
Mike Friedland
Maurice Rosenstock
Steve Myott, Alternate (Voting Member)
Tambri Heyden, Planning & Zoning
Director
Mike Rumpf, Assistant Planner
Dan DeCarlo, Assistant Planner
Michael Pawelczyk, Assistant City
Attorney
ABSENT
Pat Frazier
1. PLEDGE OF ALLEGIANCE
Chairman Wische called the meeting to order at 7:03 p.m., and led the Pledge of Allegiance to the Flag.
2. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS
Chairman Wische introduced the members of the board, Assistant City Attorney Pawelczyk, the Planning
& Zoning Division staff, and the Recording Secretary.
3. AGENDA APPROVAL
Mr. Dube moved to accept the agenda as presented. Mr. Aguila seconded the motion that carried
unanimously.
4. APPROVAL OF MINUTES
The approval of the minutes of the last meeting was deferred until the next meeting of the Planning &
Development Board.
5. COMMUNICATIONS & ANNOUNCEMENTS
A. Planning & Zoning Report
1. Final disposition of the January 27,1998 and February 10, 1998 Planning &
Development Board meeting agenda items
Ms. Heyden advised that there would be only one more split schedule meeting. After that point, items
addressed by the Planning & Development Board will go to the City Commission for approval at the next
meeting following the Planning & Development Board meeting.
Ms. Heyden reported the following City Commission action on the items addressed by the Planning &
Development Board at their January 27, 1998 meeting:
Four Steel Communications Tower . Conditional Use Approval - Approved
subject to staff comments and recommendations of the Planning & Development
Board.
~BOynton Commerce Center - Master Plan Modifications . Approved subject to
. staff comments. 3
----
1
~I'
,.....
.' MEiETING MINUTES
pLANNING & DEVELOPMENl ~OARD
BOYNTON BEACH, FLORIDA
FEBRUARY 24,1998
Boynton Commerce Center - Site Plan - Approved subject to staff comments
and recommendations of the Planning & Development Board.
Ms. Heyden reported that the City Commission would address on the following items that were addressed
by the Planning & Development Board at their February 10, 1998 meeting:
Boynton Beach Mall - Zoning Code Variance for number of parking spaces
Grand Park ALF - Site Plan approval.
B. Meeting date for March 10, 1998 is changed to March 11, 1998 in West Wing
Conference Room "C"
Ms. Heyden confirmed with the members that the only member who is unable to attend the next Planning
& Development Board meeting on Wednesday, March 11, 1998 is Mr. Rosenstock.
6. OLD BUSINESS:
None
7. NEW BUSINESS:
A. PUBLIC HEARING
Attorney Pawelczyk administered the oath to all who would testify in these proceedings this evening.
Zonina Code Variance
1.
Project:
Agent:
Owner:
Location:
Description:
First United Methodist Church .:
Robert Hall
David Lynch (Trustee)
101 N. Seacrest Boulevard
Request for a variance from the City of Boynton Beach
Land Development Regulations, Chapter 2 - Zoning,
Section S.G.2.c, to allow a 24.2 foot reduction of the
required 40 foot front setback (a 15.8 foot setback is
required).
Robert Hall, agent, approached the podium and confirmed for the board that he was in agreement with
the two staff comments.
CHAIRMAN WISCHE ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO
WISHED TO SPEAK ON THIS APPLICATION.
Ms. Heyden had no additional comments.
Mr. Aguila expressed confusion about the request. However, Ms. Heyden confirmed that part of this alley
was abandoned in 1964, and the Church took possession of the entire 20'. Mr. Aguila was concerned
about the west 75' because the back-up information did not indicate that the single-family residence would
gain one-half of the alley being abandoned. It appeared that the Church would get all of the property.
Ms. Heyden advised that the Church owns the single-family house. There will be a Unity of Title of the
house, parking lot, and Church.
2
MEETING MINUTES
PLANNING & DEVELOPMENT ~,",ARD
BOYNTON BEACH, FLORIDA
FEBRUARY 24, 1998
Mr. Aguila further pointed out that this request does not meet the conditions outlined in the criteria that
must be met in order for a variance to be granted.
Motion
Mr. DubS moved to approve the request for a 'fariance from the City of Boynton Beach Land Development
Regulations, Chapter 2 - Zoning, Section 5.G.2.c, to allow a 24.2 foot reduction of the required 40 foot
front setback (a 15.8 foot setback is required) subject to staff comments. Mr. Myatt seconded the motion.
Mr. Aguila said he watched the former Board of Adjustment approve variances that never qualified. He
believes the Planning & Development Board is doing the same thing. He pointed out the need to carefully
review the criteria that must be met to grant a variance. Although he agrees that it makes sense to grant
this variance, this procedure is wrong. He feels the board needs to look at these situations because these
situations weaken the board.
Attorney Pawelczyk recommended that the applicant take the opportunity to speak on this issue to
convince the board that the request is justified.
Mr. Hall advised that in 1976, the Church was granted a variance. The Church now needs this variance to
continue the wall 22' to the south. Mr. Hall advised that he answered the questions with respect to the
variance criteria in the application that was submitted to the Planning and Zoning Department.
The motion carried 5-2. (Messrs. Aguila and Rosenstock dissented.)
Mr. Aguila added that he was opposing this request on principal.
Abandonment
2.
Project:
Agent:
Owner:
Location:
Description:
First United Methodist Church
Robert Hall
David Lynch (Trustee)
101 N. Seacrest Boulevard
Request to abandon a portion of a 20.8 foot wide alley
south of the First United Methodist Church
Mr. Hall advised that Mike Corbett should have been listed as the agent in this request.
Attorney Pawelczyk administered the oath tofMr. Corbett.
Mike Corbett. Architect for the Church eXDansion. understood why the board has some concerns
about the abandonment. However, granting this abandonment will clean up the entire piece of property
and make it a clean "Ln. It will also resolve technicalities that the former variance compounded. The
request for this variance results from the widening of Seacrest Boulevard that eliminated a great deal of
frontage. Mr. Corbett feels that by granting this variance. the site can be cleared of its strange
configuration.
Chairman Wische read the two staff conditions into the record, and Mr. Dube provided Mr. Corbett with a
copy of the conditions for his perusal. Mr. Corbett confirmed for the board that he had no objection to the
two staff comments.
Attorney Pawelczyk recommended that the language in Condition #2 be included in the utility easement.
Mr. Corbett had no objection to this request.
Mr. Rosenstock left the dais.
3
MEETING MINUTES
PLANNING & DEVELOPMENl _uARD
BOYNTON BEACH, FLORIDA
FEBRUARY 24, 1998
Mr. Aguila questioned whether the Church is proposing to rezone the property in the future so that it is
zoned one classification. Ms. Heyden advised that the City is not requiring such a rezoning, but will clean
this up as part of the Comp Plan amendments.
Motion
Mr. Aguila moved to recommend approval of the request to abandon a portion of a 20.8 foot wide alley
south of the First United Methodist Church subject to staff comments. Mr. Dube seconded the motion that
carried 6-0. (Mr. Rosenstock was away from the dais.)
Mr. Dube recognized people in the audience who were present for Item #4, Palm Walk ACLF. He pointed
out that these people were not aware of the fact that this item has been postponed.
Attorney Pawelczyk advised that the board would have to take action on this item. However, the applicant
has requested a postponement of this application until the meeting to be held on Wednesday, March 11,
1998. He announced that the meeting will be held in the West Wing Conference Room "C" at 7:00 p.m.
3.
Project:
Agent:
Owner:
Location:
Description:
Grand Park ALF of Boynton Beach
Gregory Miklos of Miklos and Associates
Norman J. Michael, Milnor Corporation
Southwest corner of SW 13th Street and Golf Road
Request for abandonment of a utility easement on
property located approximately 540 feet east of the
southeast corner of Congress Avenue and SW 23rd
Avenue to be known as Grand Park of Boynton Beach
Greg Miklos, 2263 Northwest Boca Raton Boulevard, approached the podium.
Chairman Wische noted that there are no staff conditions for this application.
Motion
Mr. Aguila moved to recommend approval of the request for abandonment of a utility easement on
property located approximately 540 feet east of the southeast corner of Congress Avenue and SW 23rd
Avenue to be known as Grand Park of Boynton Beach. Mr. Dube seconded the motion that carried 6-0.
(Mr. Rosenstock was away from the dais.)
Conditional Use
4.
Project:
Agent:
Owner:
Location:
Description:
Palm Walk ACLF
Ehasz Giacalone Architects
Palm Walk Associates
SW 19th Avenue
Request for conditional use approval to construct a 48-
bed Alzheimer care living facility to be known as the
Palm Walk adult congregate living facility.
Motion
Mr. Dube moved to table Item #4 to the March 11 th meeting. Mr. Aguila seconded the motion that carried
6-0. (Mr. Rosenstock was away from the dais.)
4
MEETING MINUTES
PLANNING & DEVELOPMEN1 ~OARD
BOYNTON BEACH, FLORIDA
-
FEBRUARY 24, 1998
8. OTHER:
None
9. COMMENTS BY MEMBERS
Mr. Aguila advised that he would remain a member of this board only through March. He is hopeful that
the members who continue on this board think about variances more carefully and vote consistently rather
than emotionally.
10. ADJOURNMENT
Mr. Myott moved to adjourn the meeting. The motion was seconded and carried. The meeting properly
adjourned at 7:28 p.m.
~ ht. p~
c...4..anet ~. Prainito
Recording Secretary
(One Tape)
5
::r
(.J LLI -.
<u -.
L&J-- ~,
CDu.. ..
:z:~ Q
o x:
I--V'>._
z. -
>-X'
oCt::
CD~
c.a..(.J
0>-
>-....
....-
_u
u
Sep-29-1998 08:44al 98-377074
ORB 1. 0660 Pg 571.
Con 1.80 Doc 9.79
1 11111111111111 1111111111111 II III II IN 111111111111111
EASEMENT
THIS INDENTURE made this
TIt
g day of rIA IV E:
,A.D., 199&,
by f' ~ L I; {j ~ /fo C IT t? e.-1- L T 'T :;: A..I V 15s T&'..es / ~ C. .
r
a corporation existing under the laws of ---L:.!:-o~ 17>/1 , ~
"J..c.;-&; ""''''N$~/'#'~ s 1-: /i
and having its principal place of business at Mt'AJ~~I""&./ c.A'''';~P'''' It?.",
first party, to the City of Boynton Beach, a political
subdivision of the State of Florida, second party:
(Wherever u.ed herein, the terms, "first party"
and ".econd party" shall lnclude singular and
plural, heirs, legal representatlves and asslgns
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.
pcAJ O't" - '11- 'I j- ...fz -1'1 -Ou 7 - 0" 71
S~~
K.( /-118./7"
A
( ,11 T ",.c./7' &.J> J
U')
,
.....nd,
(.,)
c
aoWHBRBAS, the second party deslres an easement for
ensewer utilities and/or other appropriate purposes
thereto, on, over and across said property,
water and
incidental
and,
WHEREAS, the first party is willing to grant such an
easenlent,
~uw,~BBK6~V~A, for 5n6 in cOfi.iae~~~1u" 0' ~bo "Ntu~l
covenants each to the other running and one dollar and other
good and valuable considerations, the first party does
hereby grant unto the party of the second part, its
8ucces.o~s and assigns, full and free ri9h~ 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.
B 10660 Pg 572
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.
BY /C; ~~~)
ATTEST. ~SlIC~
(CORPORATE SEAL)
c.~
SYA OF
~"liTY ~OF
tv\o~\\)~
Q~~z
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State and County aforesaid to
ta .a~knpw~e~gements, personally appeared
'c..~ ~~C\..d~1
we known to me to be the Pres dent and .-
respectively, of the Corporation named as first party n
foregoing Easement and that they severally acknowledged
executing the same in the presence of two sUbscribing
witnesses freely and voluntarily, under authority duly
vested in them by said Corporation; and that the 8eal
affixed thereto is the true Corporate seal of .aid
Corporation.
,
the
WITNBSS my hand and off!cial .eal
State last aforesaid this ~day of
1991.
County and
, A. D. ,
My
M~ !0./rrl1
EXHIBIT A
ORB_1.0660 Pg 573
SKETCH OF DESCRIPTION
12. WATERMAIN EASEMENT'
I .., t.
LAND DESCRIPTION:
A portion of Parcel 3-(1, BOYNTON COMMERCE CENTER, accorclng fo th~ Plat thereof 0$ r,carded in Plat Book 46,
Pages 126 and 127 in the Pubic Records of Palm Beach County, Florida. more pa't/cularly described as follows:
A strip of fond 12.00 feet in widlh. being 6.00 feel on each Side of 1M folowing ~scrilW1 cenferlne:
COMMENCING at the northwest comer of sad Parce/3-G; thence S02-21'3Z"'W, along the west Ine of said Parcel
3-G, 0 aslonce of 35.00 (ftt fo 0 poinl on a 1irH13S.00 'HI soulh of and paralel with Ihe north line of said Parcel
3-G; INnc. S8S.32'20""E, along ~Q'd poro/MJ line, 121.2 feet; thence N02.01''58*E, 56,.58 feflll In lhi! POrNT OF
BEGINNING of soid centerline; thence continue N02.01'~8""E, 21.00 feet to tM POINT OF TE:RMlNA TION of said
centerline.
TOGETHER WITH:
A Jtrip of land 12.00 fft' in width. bfIng G.OO '"I on etldt siM of #he folDwing described ccnt~'ft1
COMMENCING af tM soufhNsI comer of sold Parcel 3-G; fMnctt NZO-OO' 15"E, along the ,ost 8M of said Parcel
3-G, 0 chlonee of 174.23 'ett; thence N72.30',6"W, 2o.7~ feet to a po;,t on the arc of 0 fmg~f CLn'e. concave
fo the southwest and the POINT OF BEGlf#JING of said centeriM: fhent:. northwesferly dong fM arc of said curve.
holing 0 radius of 723.00 feet, Q centrd ~ of 02-04'40- a?d CJ1 arc dstance of 26.22 fIM! fa 1M POINT OF"
TERMINA TION 0 f sad cent".".
Sdd lands lying and sifuat~ in Pain 8<<Jch Colllty, Florida.
NO TE:S:
t. Reproductions of this Sketch cr. not valid without the signature and 1M origind rased seol of a F1crido licensed
surveyor and mapper.
Z. No nile Opinion or Abstract to the sub}tJct property has bHfl provided. It is posstJle thot there are Deeds.
~as~menfs. or olher iJsfnments (recorded or unrecDrd<<J) which may affect the sub~c' properly. No search of
lhe Pubic Records has bHn modtI by the Surveyor.
3. The knd desajJtlon shown hereon was prepo-ed by the SIIWJyor.
4. B8orint}5 shown hereon are bosfJd,on fha ~t with the Soulh 1M of Pa'CIII~:.v. hamg a bet:riIg of N88.32'30"W.
5. Data shown htlreon WO$ compled f(om i'IItrrrMnl(s) of rlCfJrd tnd c:iJas not constitute 0 bolllCkry survey.
6. Abbrttvif;lfk)n I.fJf}end:-A - Arc ,Lqlh; C - Cenferlne: - Centrd An(ie; FSM'T. - Ft1fftxMnt,' F.P./ :' - Ffnritft1
PoWtr It L/fi?f CofffXJfIy; 1..8. = Licensed Bu.VJes~;.I .w.n.n. · Lake Worth Dr~ District; O.R.B. = Offield
RecordS Book; P. - Plat; P.B. . Plat Boole; P.B.C.R. - Palm BM1ch Cofllty R.cords; P.L.S. - Professlond Land
SlIveyor,. P.O.B. - Point 01 &ginning; P.O. T. = Point of TenninotitJn; P.O.C. - Poitr' of COfl'lfMflCement,. R =
Radus; U.E. - U"'y Eosement.
CERTIFICA TION:
llEREBY CERTIFY that the attached Slcelch and ~tion of the hereon desaIJed property is frutJ and correct to
1M best of my knowb* and ~f os p'eptled tnder my dtecflon on JIIe 5. 1998. 1 FI..RMR CERTIFY that this
SIt,fch aid D.sapliDn meets the.wmm Techticd SfCl'tda'tb sel ftJ,. ;, CMpIer G1GI7-G. rlOrida Administrative
Code. pur!uant fo S4c/N)1I 472.027. F/t:Jrm }It..Qlulu.
,
-~---------------
MICHAEL. Z)..A ~ P. So
F7Drlt!P-~fion -/'ID. 32.68
A V1RJM ~ ASSOClA res. lNC.
LS. No.' 3300 .
I . Oft
'AVIftOM Ie A88OCIA1W.. I<<).
8UAVEVING. """......
_ &w. .. ."..., ....,. ..
.ooA ItATCIN. PLOMM ......
Ta. .... ... ..., PAX ... ... ~
C11t1 AvrRGW . AftIlrr.t61'Fl1l lNr.. au..lQfT!I _SIInCD.
JOe '4109-14
DATE: e/05/sa8
SHEET-LOF -L
EXH1Bl'l' A
UKtl .1. ~:H... Co ~ ~g ~ , -.-
DO~THY H. WILKEN, CLERK PB COUHiY. FL
~
- -
_ - .t:::' - -
. --........... 'I, .-- ~ "-
R 723 '00' -., - -
... ./_.......
A-02-o4' 40" ---r---::'
A-2.8.221 I
~
S~ETCH OF DESCRIP1~uN
12' WA TERMAIN EASEMENT
P.O.s., CS,r
.~..~ it.' tJ.e. I? ~.liZ ~ ' .
~po' . ,tJ.e. flit IJ(J~ ' r;r"
_ .: '. IV ,o.~.8. '1:If s v~ r.
..! . K.. ./_ /.:J-E :J8g.J!J~ yP' V
'\ .::lJ ~/"'''.::. '50, J
I "i r J..:.~" 7.~ I' 1>- '0'
j nJ :';' I ~7.;'~S6...!.2J ~~s.". fO'.t:l,
Jj~ I' : ~ -..... w - "'- E'4$.... t$4t'r
... '& I Ill, I 'll C OF 12' - - -; -J 7'~~Qc-- (O'~,8
I .. I"" 'il",."WAIN - ).' - - - - P""""': ~h8
SCALE: ," _ 60' I "" I <.;v EASDAENT ;;,G:J,lt/ ~l - - "'"'Ct ..JG < 8,
I ;OJ ~ . ... " .s'~''''' -
I ~~ !' Q ~:t-~f': ~ --
I ~~ ....' P.^ T." ~/~~ I
I ~ ~1' ( · .v.. '\. ....Il./.q,v,tp I
I . I ~ "", I
: ~ Il ....-- \-.... '"
I Y!~ I~ ----I ~
I ~ I I ~ ~~
I " I : ~ ~~
I ~t I I Sl!
I U ·
I Ill!! "I \ €s
: I~ ,., I I ~~
I ;_ I ~ \ : 15~
I 1l\~ ' c( I I ~:
!/.~ ll, = ~\ A PORnON OF \;~ ~
~ I PARCEL 3G I~~ ~
~ I \ \I
I I~I \ ..
~:t \ ... ~ : \
~~ I ~l ~ I I
U 1 t 21' \
~I _CI)I_ _ Ii., \\
~ OF 12'
/' WA TERMAIN 'I \
// ::J1 '. -;, EASEMENT Ii" \
G _ ~ \. ,I~' l
~ \ N 02001'58" Elel \
so. INGRESS. EGRESS ~ P. 4a 21 00' , .1 \
It un\.ITY \n' · I ~ I
EASEMENT PER PLAT I w: \
_ _ 1_ _ _ --.J- ____ .,:.: P,o.r..J ~e~ 'T _.1._
__ ___'___+ L.-' ----? TT-+-.l--
'..... --:"/ ----~0:-~T1rtT~~;\- ~
_ _ _ -'{, (O.R.B. 3042/1785 I ill~~~ VAa\ ~
F4 1;1 ." o.R.a./J38J/198) I w It'"" 'C ~
PARCEL 3H ~ fi N 02'\>1'58", E 1~1~'!i\"
_ _ _ _ _ _ _ -," 58.58 I' 1"'1 ~1li;1
~5:~;~;~-rt,~1-j
s 02-:2'.32- W.N()2~I'32"E 2J9.7!'
L. W.D.D. E -4 CANAL
(155' RIGHT-OF-WAY)
A~~ .A~"""'INO.
.....vav1NG4I& MAPPING .
10 ..w. .. .".... ... -
.ooA RATON. ....1:1,,-1' .....
po. ... ... _.. pAX ... ......~
.1... ~VJRCM at ,\IIOCIA1U. 1MC. M.L RICIH1I ..-.a.
I . '1
~~
u..
t"')
.-J
W
U
0:=
<(
CL
I "t I
'0
~~
<(~
0,<
Ck::
Q
l&..~
-JCN
o
(!)3t
<.Ii
"-
\
t
"
~
- --
p, a.c.
No ~ COR/'ER
pARCEL JG
"
JOe , 4109-"1 A
DATE; 8/05/S
St4EET-1-OF' -
~---'-----'------------ - -