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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' - ~---'-----'------------ - -