REVIEW COMMENTS
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PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 93-130
TO: J. Scott Miller, City Manager
~'-J ~
FROM: Christopher cutro, Planning and Zoning Director
DATE: May 27, 1993
SUBJECT: Clare Abandonment (611 N.E. Seventh Avenue)
On November 17, 1992 the Commission approved the abandonment of
the alley adjacent to 611 N.E. Seventh Avenue subject to a
utillty easement being filed over the abandoned alley
We have received and reviewed the easement for the alley and
found it to be acceptable. Therefore the City Commission can
approve the attached resolution abandoning the alley.
This item has been scheduled for City Commission consideration on
June 1, 1993.
CC:cp
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
FROM:
Pete Mazzella
Assistant to Utility Director
~tro
Planning and Zoning Director
TO:
DATE:
February 9, 1993
RE:
Clare Alley Abandonment
Attached are copies of the easements for the Clare alley
abandonment that we discussed. Please advise us which one is
acceptable~ so that we can move forward with this request.
If you have any questions, please feel free to call me.
CC/jrn
Atts.
A: CLARABAN.JM
RECE\VED
MAY 2 5 1993
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EASEMENT
Ide this
30th
day of Janual~Y
A.D.
Clare
the city of Boynton Beach, a political
subdivision of the state of Florida, second party:
(Wherever used herein, the terms, "first party" and "second
party" shall include singular and plural, heirs, legal
representatives and assigns 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 the property situated
in Palm Beach County, Florida, and described as follows:
\1.1
iN::' \/2 Of ~"";E 20 F-nTPROPERTY DESCRIPTION
.... platted alley lying west of and adjacent to lot 22 block 1 of
Boynton Place as recorded Plat Book 11 Page 40. .sP!L r;..;(. r;;rr..'
<;.. r' r ) .-::., ").. ') b / r- '? r~ , I N') i-, f
and,
WHEREAS, the second party desires an easement for water and
sewer utilities and/or other appropriate purposes incidental
thereto, on, over and across said property, such easement
described as follows:
EASEMENT DESCRIPTION
10 foot wide easement lying west of and adjacent to lot 22 block 1 of
Boynton Place.
and,
WHEREAS, the first party is willing to grant such an easement,
NOW, THEREFORE, for and in consideration of the mutual 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 successors and assigns, full
and free right 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 within the described easement for said
purposes.
Page 1 of 2
EASEMENT
THIS INDENTURE made this
30th
day of Janual~Y
A.D.
19~, by Michael S. Clare,
first party, to Southern Bell Telephone and T elegl~aph~Company,
second party:
(Wherever used herein, the terms, "first party" and "second
party" shall include singular and plural, heirs, legal
representatives and assigns 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 the property situated
in Palm Beach County, Florida, and described as follows:
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PROPERTY DESCRIPTION
· foot platted alley lying west of and adjacent to lot 22 block 1 of
' Boynton Place as recorded Plat Book 11 Page 40 ~ SA'C <='1",<",'"'..: ',.
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and,
WHEREAS, the second party desires an easement for telephone
utilities and/or other appropriate purposes incidental
thereto, on, over and across said property, such easement
described as follows:
EASEMENT DESCRIPTION
10 foot wide easement lying west of and adjacent to lot 22 block 1 of
Boynton Place.
and,
WHEREAS, the first party is willing to grant such an e~sement,
NOW, THEREFORE, for and in consideration of the mutual covenants
each to the other running and one dollar and other good and
valuable considerations, the first party do~s hereby grant unto
the party of the second part, its SUccessors and assigns, full
and free right and authority to construct, maintain, repaJr,
install and rebuild facilities for above stated purpbses ~nd.'
does hereby grant a perpetual easement on, over and across the
above described property within the described easement'for said
purposes.
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.IN WITNESG ~~EOF, the first party sed these presents to
be duly l ~ . ~ -od in their names (s), 'Lue day and year first above
written.
Signed, sealed and delivered
in the presence of:
1st Witness
2nd Witness
Owner
Owner
STATE OF Florida
COUNTY OF Palm Beach
last
WITNESS my hand And official St Post-ItN siQnBllIl8 req1l8S1 pBd 7669
aforesaid this ~ day of EbL. - . _... LJo
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state of I==/.. ()/1/ A
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ill Sign Here
o Initial Here
Gt1 Notarize Here
o Return
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I HEREBY CERTIFY that on tl
before ,me, Michael ~. Clarp
to me known to be the person(s) de
drivers license or similar I.D.
executed the foregoing instrument
that they executed same.
C'"' c:z
of Notary as Co issioned)
N PubIo
My Commission Expires : Sla1eofFlollduU...
My Commission EJlpIrII:
MarctJ 1t 1993
Page 2 of 2
APPLICATION TO ABANDON/VACATE
BOYNTON BEACH PLANNING DEPARTMENT
APPLICATION INFORMATION FORM
NOTE:
This form must be filled out completely and accurately
and must accompany all applications submitted to the
P1annin9 Department. (Three (3) copies of application
are required.)
PROJECT NAME:
AGENT'S NAME:
AGENT'S ADDRESS:
AGENT'S PHONE:
OWNER'S NAME:
.. (or Trustee's)
Mir.h~p-I Stuat-t Clat-e
OWNER'S ADDRESS: 611 NF 7th Ave. Boynton Beach FI. 33435
OWNER'S PHONE:,
407 738-1754
PROJECT LO~AT~ON: ~nrthside of NE 7th Ave immediately west of 611 NE 7th Ave
(n2S 1eqal descript1on)
- "f'!f'! ~tt~r.hed drawinI;J Bovnton Bch
CORRESPONDENCE
ADDRESS: *
(if different than
agent c. owner)
* This is the address to which all agendas, letters and
other materials will be forwarded.
APPLICATION TO ABkNDON/VACATE
The undersigned, pursuant to Ordinance NO. 76-27 of the C::~ of
Boynton Beach, Florida, hereby applies to the City Commiss:;~ ~o
vacatel abandon, and discontinue the,
(check one):
xx ) ALLEY
) STREET
) SPECIAL PURPOSE EASEMENT
) OTHER NONFEE INTEREST OF THE CITY
..
.
as described in attached Exhibit "All, and to renounce and dis-
claim any right of the City and the public in and to any land in
conn~ction therewith.
Said application is to be filed with the Planning Department in
triplicate and applications involving more than one of the above
listed nonfee interests shall be filed separately. Each appli-
cation so filed shall be complete in every respect.
The undersigned hereby certify:
1. That a complete and accurate legal description with the
specific property interest sought to be vacated or abandoned, in-
cluding where possible a plat map or drawing showing the general
area and location involved, is set forth in Exhibit "A" attached
hereto.
2. That the title or interest of the City and the public in and
to the specific property interest described above was acquired
and is evidenced by,
(check one):
( )
( )( x )
( )
DEED
DEDICATION
PRESCRIPTION
Recorded in . Plat Book 11
Public Records of Palm Beach County, Florida.
3. That no similar application has been considered by the City
at any time within six (6) months of the date hereof, and should
this application be granted, such abandonment and vacation will
prevent no other property owners from access to and from their'
property and no other property owners in the vicinity will be
adversely effected.
, Page
Itq and
4. That the above described property interest is under the
control and jurisdiction of the City Commission of the City of
BOYnLon Beach, Florida, is not a part of any state or federal
highway system; and was not acquired or dedicated for state or
federal highway purposes.'
5. ThL~ the following constitutes'a complete and accurate
'schedule of all owners and occupants bounding and abutting the
property interest described above.
NAME
ADDRESS
Michael S. Clare
Act II
Henry and Gisella Starr Consicmment .. 720 NE 8th Ave Boynton Bch FI 33435
611 NE 7th Ave Boynton Bch FI. 33435
Alvelardo and Elizabeth Maldonado
3024 E. Palm Dr. Boynton Bch FI 3343!
Allright Auto Repair
, .
6. That the following grounds and reasons are submitted in
support of this application:
The propertv ha~ npvpr hppn used by the city and will not be used in the
future. It is overgrown and unsiqhtly with litter and debris spread around
the area. I would like to incorporate the property into my yard and improve
its appeat-ance. My neighbor to the south has already aquired the pot-tion of
the alley adjacent to his lot and I would like to continue the beautification of
my neighborhood.
DATED: 9-15-92
ADDRESS
611 NE 7th Ave Boynton Bch. FI 334:
Michael So f:1::Irp
STATE OF FLORIDA
COUNTY OF PALM BEACH
The above named applicant(s) being first duly sworn by m~
day and year above indicated, deposed and stated that he ·
are/is the applicant(s) in the foregoing Application to andonl
Vacate, tha~ they have read the same and that the facts therein
set forth are true and correct to the best of their knowledge.
9!J(P! C?z.
Florida
My Commi~sion Expires:
flc':!r~ P::c!!:. Sta'a 01 Florida
,,~ C;~~:~~.i,n r::;~:l:~ Se:tt. 21,1992
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6-19-87
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Lot 22
Block 1
ton Place
property ~ ed by
Michael S. ,: lare
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LEGAL DESCRIPTION
20' platted alley lying west of and adjacent to lot 22 block 1 of Boynton Place.
Plat Book 11 Page 40
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EASEMENT
made this 30th
day of Janual~Y
A.D.
19 93, by Michael S. Clal~e
first party, to the city of Boynton Beach, a political
subdivision of the state of Florida, second party:
(Wherever used herein, the terms, "first party" and "second
party" shall include singular and plural, heirs, legal
representatives and assigns of individuals and the
successors and assigns of corporations, wherever t~e
context so admits or requires.
WITNESSETH
WHEREAS, the first party is the owner of the property situated
in Palm Beach County, Florida, and described as follows:
PROPERTY DESCRIPTION
20 foot platted alley lying west of and adjacent to lot 22 block 1 of
Boynton Place as l-ecOl~ded Plat Book 11 Page 40
and,
WHEREAS, the second party desires an easement for water and
sewer utilities and/or other appropriate purposes incident?l
thereto, on, over and across said property, such easement
described as follows: I
EASEMENT DESCRIPTION
20 foot wide easement lying west of and adjacent to lot 22 block 1 of
Boynton Place.
and,
WHEREAS, the first party is willing to grant such an easement,
NOW, THEREFORE, for and in consideration of the mutual 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 successors and assigns, full
and free right 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 within the described easement for said
purposes.
Page 1 of 2
IN WITNESS WIr the first party has (1 these presents to
be duly execu\..ed in their names (s), the CH....y dlld year first above
written.
1st witness
Signed, sealed and delivered
in the presence of:
Owner
2nd witness
Owner
Owner
STATE OF Florida
COUNTY OF Palm Beach
I HEREBY CERTIFY that on this day personally appeared
before me, Michael S. Clarp
to me known to be the person(s) described or who has produced
drivers license or similar I.D. as identification and who
executed the foregoing instrument and acknowledged before me
that they executed same.
last
WITNESS my hand and official seal in the county and state
aforesaid this 5( day of j=E.I:~J-I?(,I/-~r?6' A.D., 1911.
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(Printed name of Notary mmissioned)
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Page 2 of 2
EASEMENT
THIS INDENTURE made this
30th
day of January
A.D.
19 93, by Michael S. Clare
first party, to Southet~n Bell Telephone and Telegn1ph.r.:>Company,
second party:
(Wherever used herein, the terms, "first party" and "second
party" shall include singular and plural, heirs, legal
representatives and assigns 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 the property situated
in Palm Beach County, Florida, and described as follows:
PROPERTY DESCRIPTION
20 foot platted alley lying west of and adjacent to lot 22 block 1 of
Boynton Place as recorded Plat Book 11 Page 40
and,
WHEREAS, the second party desires an easement for telephone
utilities and/or other appropriate purposes incidental
thereto, on, over and across said property, such easement
described as follows:
EASEMENT DESCRIPTION
20 foot wide easement lying west of and adjacent to lot 22 block 1 of
Boynton Place.
and,
WHEREAS, the first party is willing to grant such an easementr
NOW, THEREFORE, for and in consideration of the mutual ccvena,.~~::::o
each to the other running and one dollar and other good ~l"l:i
valuable considerations, the first party does hereby grant unto
the party of the second part, its successors and assigns, full
and free right 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 within the described easement for said
purposes.
Page 1 of 2
;,
\1. WITNESS -'p,'- - 1F, the first party he :ad these prese~'::.'t ,
~e duly eXL~U_4~ in their names(s), the QdY and year first r~~~
written.
Signed, sealed and delivered
in the presence of:
-~
own~
1st witness
2nd witness
Owner
Owner
STATE OF Florida
COUNTY OF Palm Beach
I HEREBY CERTIFY that on this day personally appe21.T:0f.
before me, Michael S. Clarp
to me known to be the person(s) described or. who has Pl:'C:;2f;,~"':';;--'
drivers license or similar I .D. as identification and \f:"'.C
executed the foregoing instrument and acknowledged before me
that they executed same.
last
WITNESS my hand and official seal in the County ~d State
aforesaid this f' day of rl:;L'5k~i"-,Afif) A.D., 19 J')
~L/~
Notary PUbl~ ()
State of r~f/Z/ rlro
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c:.k""/!-d . u-Ele5L ~
(Pr1nted name of Notary as mmissioned)
My Commission Expires :
Notary Pubic
SlaI8 of florida at LaI8
My Commission Expn.:
March 1, 1993
Page 2 of 2
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PLANNING & ZONING DEPARTMENT MEMORANDUM #92-223
FROM:
J. Scott Miller
City Manager
C~h~utro
Planning and Zoning Director
TO:
DATE:
November 12, 1992
RE:
Clare Alley Abandonment
Michael S. Clare is requesting that the alley adjacent to the
west side of his property located at 611 N.E. 7th Avenue be
vacated. If abandoned, Mr. Clare would receive 10 feet of the
alley and two property owners on the west side of the alley would
receive the other 10 feet.
At its meeting of November 10, 1992, the Planning and Development
Board reviewed this request and forwarded it to the City
Commission with a recommendation for approval subject to the
conditions of the Utility Department and Southern Bell for an
easement.
This item has been scheduled for a public hearing before the City
Commission and their review on November 17, 1992.
CC/jm
Att.
I
-,
FROM
TO
Chris Cutro
Planning & Zoning Director
Sue Kruse
City Clerk
SUBJECT: Planning & DeyeloPIilent BQ1!!'c:lIIl1:g.== NQYemberlA".l992,
DATE:
10l22/92"
FOLD.
Attached is a copy of an alley abandonment application submitted by
Michael Stuart Clare.
Please review and advise of your recommendation for approval or disapproval
in accordance with Section 22-40(a) of the Code.
Thank you.
RECEIVED~
JeT 21""
PLANi",;i.'e DEPT.
PLEASE REPLY TO
.
SIGNED
REPLY
~~
DATE: 1 ()
~
SIGNED
Item # F269 Grayarc, P.O, Box 2944, Hartford, CT 06104-2944 THIS COPY FOR PERSON ADDRESSED
eG, Wheeler Group, Inc, 1982
} In
PLANNING AND ZONING DEPARTMENT MEMORANDUM l/
TO:
~a~velopment Board Members
Christopher Cutro" Planning and Zoning D
FROM:
DATE:
November 5, 1992
SUBJECT:
Clare Alley Abandonment
Michael Stuart Clare is requesting the abandonment of 130 feet of
a 20 foot alley adjacent to his property at 611 N.E. 7th Avenue.
This alley is adjacent to lots 22, 23, 24, 25 of the Boynton Place
Subdivision.
Mr. Clare's reason for this request is because the alley is unused
by the City and he wishes to incorporate his portion of the alley
into his property.
This request, as required by Code, was forwarded to the
Engineering, Planning and Zoning, and Utilities Departments.
Neither Engineering or Planning and Zoning Departments have
comments on the abandonment. The Utili ties Department has
requested that a 20' unencumbered easement be maintained because
there is a sewer line located in the alley.
The Engineering Department has contacted private utilities to
determine their need for this alley. To date, no negative comments
have been received from any utility. Staff is awaiting comments
from Southern Bell.
The comments from Utilities Department and private utilities are
attached.
Staff also received the attached letter from Henry Starr who owns
the land to the west of the alley to be abandoned. Mr. Starr has
requested that the alley be divided so that the south portion would
be returned to him and the remainder to Mr. Clare. This cannot be
done. If approved, the alley will be deeded back to the adjacent
property owners. Mr. Clare will receive a 10 foot wide strip 130
feet long. Mr. Starr will receive a 10 foot strip adjacent to his
property. The remainder will go to the other property owner to the
north of Mr. Starr.
It is recommended that this abandonment request be approved subject
to the easement dedication requested by the Utilities Department.
This item has been scheduled for Board consideration on November
10, 1992.
Encs.
CC:cp
OFFICE OF THE CITY CLERK
MEMORANDUM
TO:
Mr. Chris Cutro
Planning & Zoning Director
DATE: November 3, 1992
FROM:
Sue Kruse
City Clerk
RE: Planning & Development Board
Mtg. of November 10, 1992
Attached please find a letter from Mr. Henry Starr in reference to the
alley abandonment application submitted by Michael Stuart Clare. This
is scheduled to be heard by the Planning & Development Board on
November 10, 1992 and by the City Commission on November 17, 1992.
~h""J~~./ ____
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attachment
cc: City Manager
City Commission
City Attorney
P&D Board Members
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RECBIVIrU
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MEMORANDUM
TO:
Mr. Chris Cutro
Planning & Zoning Director
DATE: October 28, 1992
FROM:
Sue Kruse
City Clerk
RE: Planning & Development Board
Mtg. of November 10, 1992
Attached is a copy of the Notice of Hearing for the alley abandonment
application submitted by Michael Stuart Clare. This item is scheduled
for the November 10, 1992 Planning & Development Board meeting.
This Notice is being mailed to the applicant and abutting property owners
today. The ad will be published in the Boynton Beach News on October 29, 1992.
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Development Board of
the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING
on Tuesday, November 10, 1992 at 7:00 P.M. to consider an
application submitted by Michael stuart Clare, owner, to ABANDON
the north side of N.E. 7th Avenue immediately west of 611 N.E. 7th
Avenue, more particularly described as follows:
A twenty (20) foot platted alley lying west of and
adjacent to lot 22 block 1 of Boynton Place. Plat book
11 page 40.
ALSO
A PUBLIC HEARING will be held by the City Commission of the City of
Boynton Beach on the above request on Tuesday, November 17, 1992 at
7:00 P.M. or as soon thereafter as the agenda permits.
All interested parties are notified to appear at said hearings in
person or by attorney and be heard. Any person who decides to
appeal any decision of the planning and Development Board or the
City Commission with respect to any matter considered at these
meetings will need a record of the proceedings and for such purpose
may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which
the appeal is to be based.
SUZANNE M. KRUSE
CITY CLERK
CITY OF BOYNTON BEACH
PUBLISH: BOYNTON BEACH NEWS
October 29. 1992
MEMORANDUM
October 20, 1992
TO:
Sue Kruse, city Clerk
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ChriStopher cutro, Planning and Zoning Director
FROM:
RE:
Michael stuart Clare - Abandonment
File No.: 698
Accompanying this memorandum you will find two copies of the
application and supporting documentation for the above referenced
request. A check in the amount of $400.00 to cover the review and
processing of this application has been forwarded to the Finance
Department.
The legal advertisement for this request will be forwarded to your
office after review by the City Attorney and City Manager.
aId
Attachments
xc: Project File