LEGAL APPROVAL
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
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BOYNTON BEACH, FLORIDA, THIS ~ DAY OF /'fl~d/TV.s1 , 1995.
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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.
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WHEREAS, Debra L. Bizzard, agent for Mary Miller, Trustee of
the Lewi. Schnitzer Trust has requested abandonment of a portion of
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a five (5') foot wide utility easement; and
WHEREAS, the City Commission has considered the analysis and
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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:
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The City of Boynton Beach hereby abandons a I
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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
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Vic 'Mayor
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ATTEST:
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CI CLERK
JAC/lms
8/9/95
900182.88
abandon
Page 1 of 2
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JAC/lms
8/9/95
900182.88
abandon
CERTIFY that I have
the form of this RESOLUTION
Page 2 of 2
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,/1309 SI 1st Street ACCURATE LAND SURVEYORS,INC.
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UTILITY EASEMENT
TO BE ABANDONED
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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
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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
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.
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:
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(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.
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