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LEGAL APPROVAL PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF 22/1,1'/ BOYNTON BEACH, FLORIDA, THIS ~ DAY OF /'fl~d/TV.s1 , 1995. 23 :/ 24/ 25 !i 10 11 II I 12 : 13 14 15 16 17 I I 18 II 19 ! 20 21 26 27 28 29 30 31 32 33 34 I :1 1 RESOLUTION NO. /(9.c;--A.!kJ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A PORTION OF A FIVE (5') FOOT WIDE PLATTED UTILITY EASEMENT AT 2000 SOUTHWEST GOLF LANE; AND PROVIDING AN EFFECTIVE DATE. 2 3 4 I WHEREAS, Debra L. Bizzard, agent for Mary Miller, Trustee of the Lewi. Schnitzer Trust has requested abandonment of a portion of 5 6 a five (5') foot wide utility easement; and WHEREAS, the City Commission has considered the analysis and 7 II 8 I recommendation of the Planning & Zoning Director (Memorandum 95- 9 I 381); and WHEREAS, the City Commission has determined that there is legal justification for abandonment of the easement as requested. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: I I The City of Boynton Beach hereby abandons a I I I portion of a five (5') foot wide platted utility easement located I Section 1. at 2000 Southwest Golf Lane and more particularly described on Exhibit "A", which contains the legal description and survey of the proposed abandonment. Section 2. This Resolution shall become effective immediately upon its passage and adoption. CITY OF BOYNTON BEACH, FLORIDA ,7 BY: ayor ~~,~ Vic 'Mayor 71-,.. '- .-:_-r:::-- -~ ATTEST: ~ ,~~.~, -~ c~_ ~~/,ax~_ CI CLERK JAC/lms 8/9/95 900182.88 abandon Page 1 of 2 1 2 3 , I' 4 :1 I 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 I 24 i I, I I 25 26 27 28 29 30 31 32 33 34 JAC/lms 8/9/95 900182.88 abandon CERTIFY that I have the form of this RESOLUTION Page 2 of 2 - / ,/1309 SI 1st Street ACCURATE LAND SURVEYORS,INC. . (30S) 7.Z.'...., Pompano Belch, c:'.. 33060 :~... - ~ Cl ~ \..01'" ~ .Z' , I ""'3 ~~ to ,~ - ~ - t::\ . ~ ~ ~ SHEET 2., OF a. ~'e ~,",6e-r \ rOft ~."~t' I .~~: '''.U -~.w.-- ~,,~pS- L.-A1-! ~~,1 ~... - ~ Q , fUW - . '1. ., ,.:'. ..... en ~. ,,' '1'". 'A~:'1 . ~8 I' " .' , " '. 'le t, . ~. i A' """- ',' · . · '. ~. '. &,4.......",. . ~ '..~' '. II.... . .. . . . ~ttI. . . . .. ". . . . .... ~. t.-.01"" IZ, :. ,i'.:' 4 . .,. l '. ,- .~~,.' ~ ,~ 'Ot2~",: I~ " 1"_ o . .' JIlI\ .. , . ~ ' . . . . . . to . "'. '. 4... . . . '. . I" ... . U~, . ... . '.l'.'lC..~ .'~ "\t\ 'l.t' , ., .-,.. ..... ",'~, 2 tr ~- \t\~ ~, . Q ~,,1" (\ ~ I~ \(\ ~ 0l.OG~ \S\ ,., ~Nt:N) \,1' .t' , - . \t" '" . ~ ... Otl, ~p~ ". p,~, . ~~, f 'Z(;fJ" eo~. \lJ1C\..K r . ,.,." UTILITY EASEMENT TO BE ABANDONED , ~# Z1t.,1~ A. ". 11' H" A. ~4. ~t-' .....NQ NAI4 ,.,Qt. IN' ~..^'~. 1"1. H. A C-" '" ~ ~ (sllt e SE A\. -or "a\.11 UIU.C IC""11 OCCI, "" 4- I......... u, .u..,e.,.... U"" WL ,....u.os SMOWN HUIO,. 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":2 ... , .. .e:: ~ ! .... 70 &.:' ; ir EXHIBIT ~'I-\ oj L' '-" ',.J:,",,' ~," _ ' MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 been minimized to the maximum extent possible. There is at least 30 feet between the rear end of a car at a normal fueling position and the landscape island. Therefore, there is a lot of room to maneuver around. There is no place within the site where there will be problems with through traffic and backing up motions. Commissioner Rosen asked if this project will precede til"" ~xtension on the building of the three lanes on Woolbright Road. Mr. Richmond answered affrrmatively. He said he spoke to Harvey Lopez of Palm Beach County and we are about a 30 day window ahead of them. They are starting the east end of the project fIrst, so we will complete construction prior to them reaching our part of their project. Motion Mayor Pro Tem Matson moved to approve the McDonald' sl Amoco Restaurant and Service Station/Convenience Store on Congress Avenue and Woolbright Road subject to staff comments and recommendations, but deleting comment number 11 which is the accent band and top band shown on the roof. Vice Mayor Bradley seconded the motion which carried 4-1. Commissioner Rosen cast the dissenting vote. e B. Project Name: Agent: 2000 S. W. Golf Lane Deborah L. Bizzarro Mullen & Bizzarro, PA Mary Miller, Trustee of the Louis G. Schnitzer Trust 2000 S. W. Golf Lane Abandomneat: Request for abandonment of a portion of a fIve (5) foot wide utility easement Owner: Location: Description: The agent for this project was not present. Ms. Heyden adYised that this is a request to abandon a portion of a utility easement. The existing homeeacroaches the easement. Only one comment was received, and it was from Southern Bell. However, it is not a comment that needs to be addressed. Therefore, on the agenda there is. resolution to finalize the approval of this abandonment. Vice Mayor Bradley asked if we are likely to see more of these. Ms. Heyden said, "No." She advised that this is just a unique case in this area. 22 e ~ MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 No one else wished to speak on this matter. Motion Commissioner Jaskiewicz moved to approve subject to staff comments. Vice Mayor Bradley seconded the motion which carried 5-0. Description: Lots 32 and 33, Arden Park Subdivision Vincent A. Maffucci Nicholas L. Cucci West of N.E. 3rd Street between lots 32 and 33, Arden Park Subdivision Abandonmeat: Request for abandonment of a ten (10) foot wide alley located west of N.E. 3rd Street between lots 32 and 33 of the Arden Park Subdivision C. Project Name: Agent: Owner: Location: The agent for this project was not present. . Ms, Heyden stated that this alley is unimproved. The existing home encumbers the alley. The home was built in 1929 and staff just discovered it because it is for sale. In order to clear the title, this issue needs to be resolved. One comment was received from Comcast, However, when staff went out to check this comment, it did not appear that there are overhead facilities, Therefore, this will have to be resolved before a resolution is prepared. Staff recommended approval subject to staff comments. No one else wished to speak on this matter. Motion Mayor Pro Tem Matson moved to approve the abandonment of the ten foot wide alley located west of N . E. 3nl Street between lots 32 and 33 of the Arden Park Subdivision, subject to staff comments. Commissioner Jaskiewicz seconded the motion which carried 5-0. VII. PUBLIC AUDIENCE Harry Stein, 760 E. Ocean Avenue, said he was authorized to speak before the Commission this evening by the Board of Directors of Coastal Towers. He requested Mayor Taylor not to . 23 It :J--- . . MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 Fire Chief Floyd Jordan stated that there would be a significant improvement in Fire and EMS serv ice in that area. Motion Commissioner Rosen moved to include Enclave 1 in Resolution R95-l20. Vice Mayor Bradley seconded the motion which carried 4-1. Mayor Pro Tem Matson cast the dissenting vote. 2. Proposed Resolution No. R95-129 Re: Authorize execution of contract for the State of Florida, Department of Community Affairs, Evaluation and Appraisal Report Attorney Goren read Proposed Resolution No. R95-129 by title only. ~ Motion _ Mayor Pro Tern Matson moved to approve Proposed Resolution No. R95-129. Commissioner Jaskiewicz seconded the motion which carried 5-0. 3. Proposed Resolution No. R95-130 Re: Request for authorization to abandon a portion of a 5' wide utility easement at 2000 S.W. Golf Lane Attorney Goren read Proposed Resolution No. R95-130 by title only. Motion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R95-130. Vice Mayor Bradley seconded the motion which carried 5-0. D. Other 1. Legal opinion on Board of Adjustment duties and responsibilities Motion Mayor Pro Tern Matson moved to table this item. Vice Mayor Bradley seconded the motion .e 55 7- MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 8, 1995 Ms. Cottrell explained that there are vendors McDonald's works with. Because they might not be able to exactly achieve a color recommended by this board, she would like the opportunity to leave this item up to the architect to work out with staff prior to the City Commission meeti ng. Chairman Dube explained that the board's remarks will be duly noted in the minutes. and the Commission will understand the board's feeling on this issue. Mr. Beasley recommended that the appl icant provide samples of the colors at the City Commission meeting. AB~ 2. Project Name: Agent: 2000 S.W. Golf Lane Deborah L. B izzarro Mullen & Bizzarro, PA Mary Miller, Trustee of the Louis G. Schnitzer Trust 2000 S.W. Golf Lane Request for abandonment of a portion of a five foot wide utility easement. Owner: Location~ Description: Mike Haag, Zoning and Site Development Administrator, made the presentation. This property is located in an R-1-AA, single-family residential zoning district. The existing home at 2000 SW Golf Lane encroaches a portion of the utility easement. This portion is a very small piece of property. This abandonment request has been submitted in order to allow the closing on the sale of the property. The City's Utility Department has no objection to the abandonment. The only utility having a concern was Southern Bell. Their concern was that if there are any Southern Bell lines within the area, they will not relocate them. No other City Departments had any objection to this request. Staff recommends approval of the abandonment of that portion of the utility easement shown and described in Exhibit "B" including the comment from Southern Bell identified in Exhibit "C". This approval is also subject to the City Commission's adoption of the resolution finalizing the abandonment and recording same with Palm Beach County. THE APPLICANT WAS NOT PRESENT FOR THE MEETING. Motion Mr,Wische moved to recommend that the request for abandonment of a portion of a five foot wide utility easement on 2000 SW Golf Lane be approved subject to staff comments. Mr, Elsner seconded the motion which carried 7-0. 14 REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the city Attorney eight (8) working days prior to the first publishing date requested below. . ORIGINATING DEPARTMENT: Plannina and Zonina Department PREPARED BY: Dan DeCarlo DATE PREPARED: June 28. 1995 BRIEF DESCRIPTION OF NOTICE OR AD: Abandonment and discontinuance of the special purpose easement on a parcel located at 2000 S.W. Golf Lane. Bovnton Beach. Florida SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, section Placement, Black Border, etc.) Standard Leaal Ad for Plannina Development Board meetina on Auaust 8. 1995 at 7:00 p.m. and the City Commission meetina of Auaust 15. 1995 at 7:00 p.m. SEND COPIES OF AD TO: Newspaper. adioinina property owners. applicant and Plannina and Zonina Director. NEWSPAPER(S) TO PUBLISH: To be determined bY City Clerk DATE(S) TO BE PUBLISHED: To be determined bv City Clerk APPROVED BY: ~ ,.- ~ (Department H ( 1 ) 7 ;J /C/Li' I ( D a 1e ) ( 2 ) (City Attorney) (Date) ( 3 ) (City Manager) (Date) RECEIVED BY CITY CLERK: COMPLETED: a,lallalnot.ad 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 at CITY HALL COMMISSION CHAMBERS, 100 EAST BOYNTON BEACH BOULEVARD, on Tuesday, August 8,1995 at 7:00 p.m., to consider an application submitted by Deborah L. Bizzarro, Esq., Mullen and Bizzarro, PA, 2419 E. Commercial Blvd., Suite 302 Ft. Lauderdale, Florida 33308 for Mary Miller as successor trustee of the Louis G. Schnitzer Trust for the purpose of abandonment and discontinuance of the special purpose easement on a parcel located at 2000 S. W. Golf Lane, Boynton Beach, Florida particularly described as follows: LEGAL DESCRIPTION: COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 12, BLOCK 39 OF PALM BEACH LEISUREVILLE SECTION 5 A, ACCORDING TO THE PLAT THEROF AS RECORDED IN PLAT BOOK 29, PAGE 34, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID POINT BEING ON THE ARC OF A CURVE CONCAVE SOUTHWESTERLY, A RADIAL BEARING AT SAID POINT BEARS N 280 311 41" E FROM THE RADIUS POINT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 276.76 FEET, A CENTRAL ANGLE OF 40 04' 58" FOR AN ARC DISTANCE OF 19.72 FEET TO A POINT ON THE ARC OF SAID CURVE; THENCE N 320 361 39" E RADIAL TO THE LAST DESCRIBED CURVE, A DISTANCE OF 3.70 FEET TO THE POINT OF BEGINNING; THENCE N 340 30' 21" E A DISTANCE OF 1.30 FEET TO A POINT ON THE ARC OF A CURVE CONCAVE SOUTHWESTERLY A RADIAL BEARING AT SAID POINT BEARS N 320 371 11" E FROM THE RADIUS POINT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 281.76 FEET A CENTRAL ANGLE OF 30 03' 58" FOR AN ARC DISTANCE OF 15.08 FEET TO A POINT ON THE ARe OF SAID CURVE; THENCE S 340 30' 21" W A DISTANCE OF 0.40 FEET; THENCE S 550 29' 39" E A DISTANCE OF 15.05 FEET TO THE POINT OF BEGINNING. CONTAINING 13.8 SQUARE FEET OR LESS. ALSO A PUBLIC HBARING will be held by the City Commission of the City of Boynton Beach on the above request at City Hall Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, August 15, 1995 at 7:00 p.m. or as soon thereafter as the agenda permits. All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the Board of Adjustment with respect to any matter considered at this meet1nq will n..o a r.cord of th. p~oceedings 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. CITY OF BOYNTON BEACH SUZANNE H. KRUSB CITY CLERK (407) 375-6062 al.111.r,not. 0 r I I i r I I 0 ~ - . o- W oJ .. :l! 0 Q 1&1 I- ~ 0 :II 8 J \" I ~ ~ .,... (V) ~ <;!j 3. i;1 iJ .. !~; I...... I:~i :lAl . t:l .~ ...0-1 ~a ~al!- ii~1 ... 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