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AGENDA DOCUMENTS 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: Planning and Zoning Department PREPARED BY: Jerzy Lewicki DATE PREPARED: February 12. 1997 BRIEF DESCRIPTION OF NOTICE OR AD: Abandonment of a portion of a 15 foot utility easement in the Shoppes of Boynton. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) Standard Legal Ad for the City Commission meeting of March 18. 1997 at 7:00 p.m. SEND COPIES OF AD TO: Newspaper. adjoining property owners. applicant and Planning and Zoning Director. NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk DATE(S) TO BE PUBLISHED: To be determined by City Clerk APPROVED BY: ~ ~ (1) -<1h'1r~"1A-". ~td~ (Department Head) a 02!x~ 1 (Date) / { (2) (City Attorney) (Date) (3) (City Manager) (Date) RECEIVED BY CITY CLERK: COMPLETED: d:\share\projectslpoll-tro\legalnot. wpd NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission of the CITY OF BOYNTON BEACH, FLORIDA, WILL CONDUCT A PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, March 18, 1997 at 7:00 p.m. to consider an application submitted by David S. Drobner, Esq., agent for Polio Tropical, Inc. to abandon a portion of a 15 foot wide utility easement located on a parcel being part of the Shoppes of Boynton, located at the northeast corner of Congress Avenue and Quantum Boulevard. Said easement more particularly described as follows: A strip of land 15.00 feet in width lying in Section 17, Township 45 South, Range 43 East. The boundary of said 15.00 foot strip lying 7.50 feet on each side of the following described centerline, being more particularly described as follows: Commencing at the west quarter corner of said Section 17, thence N.89008'39"E.,along the east/west quarter line of said Section 17 a distance of 60.06 feet to a point on the east right-of-way line of Congress Avenue; thence S.01 o43'35'W., along the east right-of-way line of Congress Avenue a distance of 355.15 feet; thence S.44033'53"E., along the northeasterly right-of-way line of Quantum Boulevard as recorded in Plat Book 57, Pages 180 and 181 of the Public Records of Palm Beach County, Florida, a distance 36.14 feet; thence N.89008'39"E., along the north right-of-way line of said Quantum Boulevard a distance of 126.21 feet; thence N.00051'21'W., a distance of 125.35 feet; thence N.30007'37'W., a distance of 38.96 feet to the Point of Beginning; thence continue N.30007'37"W., a distance of 30.47 feet; thence N.00051'21'W., a distance of 68.50 feet to a Point of Terminus. Said lands situate, lying and being in Palm Beach County, Florida. 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 City Commission with respect to any matter considered at this meeting 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. CITY OF BOYNTON BEACH SUZANNE M. KRUSE, CMC/AAE CITY CLERK (561) 375-6062 D:\SHARE\WP\PROJECTS\POLL- TRO\LEGALNOT.WPD CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Commission Meeting Dates in to City Manager's Office Meeting Dates in to City Manager's Office 0 May 6, 1997 April 25, 1997 (noon) 0 July I, 1997 June 20, 1997 (noon) 0 May 20, 1997 May 9, 1997 (noon) 0 July 15, 1997 July 3, 1997 (Thursday noon) 0 June3, 1997 May 23, 1997 (noon) r8J August 5, 1997 July 25, 1997 (noon) 0 June 17, 1997 June 6, 1997 (noon) 0 August 19, 1997 August 8, 1997 (noon) RECOMMENDATION: Please place the request below on the agenda for the August 5, 1997 City Commission meeting under Consent. The Planning and Development Board, with a 7-0 vote, recommended approval of this request as submitted. See attached Exhibit "E" - Conditions of Approval (no comments). For further details pertaining to this request, see attached Planning and Zoning Department Memorandum No. 97-351. Also, since there are no recommended conditions of approval, in addition to ratification of the Planning and Development Board's action, adoption of the attached resolution is recommended which is the last step in, and fmalizes, the abandonment process. EXPLANATION: PROJECT: PolIo Tropical at Shoppes of Boynton AGENT: David S. Drobner, Esq. OWNER: Draper and Kramer of Florida, Inc. LOCATION: Northeast comer of Congress A venue and Quantum Boulevard DESCRIPTION: Request to abandon a portion of a 15 foot wide utility easement PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Department Head's Signature City Manager's Signature Development Services ~epartmentName ~ ~~_. Planning and Zoning~ctor \ \CH\MAIN\SHRDA T A \Planning\SHARED\ WP\PROJECTS\POLL- TRO\ABAN\Agenda Item Request 8-5.doc PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 97-351 TO: Chairman and Members Planning and Development Board THROUGH: Tambri J. Heyden, AICP Planning and Zoning Director FROM: Jerzy Lewicki --.1 L,..- Acting Senior Planner . DATE: July 18, 1997 SUBJECT: Polio Tropical at Shoppes of Boynton ABAN 96-005 (utility easement abandonment) NATURE OF REQUEST David Drobner of Katz, Barron, Squitero, Faust & Berman Attorneys at Law, agent for Draper and Kramer of Florida, Inc., the owner of Shop pes of Boynton, is requesting abandonment of a utility easement located within the Shop pes of Boynton shopping center at the Polio Tropical restaurant site. Polio Tropical is located at the northeast corner of Congress Avenue and Quantum Boulevard (see attached location map in Exhibit "A", the approved site plan of the restaurant that shows the easement location in Exhibit liB" and Exhibit "C" - legal descriptions and surveys of the proposed abandonment and the new easement). BACKGROUND The need to abandon and relocate the existing utility easement emerged when the site plan for the Polio Tropical restaurant was presented for City approval. The proposed restaurant building was in conflict with an existing 6" water main. It was determined during the site plan review process, that the easement would need to be abandoned and relocated to another location that would not be in conflict with the proposed construction. The applicant relocated the water main and subsequently recorded the new easement dedicated to the city. At the time of site plan approval, the applicant was directed to abandon the existing utility easement as the need for it ceased with the relocation of the underground water lines. However, an abandonment application was never filed. This was discovered late last year and an application was filed that was processed through the Planning and Development Board on March 11, 1997. Utility Department comments indicated that not all of the unused easement was included in the application. The application had to be amended with a new legal description and survey and readvertised. The subject application has resolved the comments from the first application. I Page 2 Memorandum #97-351 ABAN 96-005 ANALYSIS The applicant's reasons for filing this abandonment and the grounds that support the request are included in the attached Exhibit liD" - Application. The city departments involved in the review of the request for abandonment and the utility companies notified of the request are identified below. Public notice was given to the property owners that abut the subject easement and notice has been advertised in the newspaper. The utility companies and the city departments' responses to the abandonment request are as follows: CITY DEPARTMENTS Engineering No objection (verbal response) Utilities No objection Planning and Zoning No objection PUBLIC UTILITY COMPANIES Florida Power and Light No objection Bell South No objection Florida Public Utilities Company - No objection Cable Company No objection The following is a description of the land uses and zoning districts of the properties that surround the subject request (see Exhibit "A" - Location Map). North - LWDD Canal, L-21 , right-of-way East - Quantum Corporate Park, zoned PID South- Motorola, zoned PID West - Congress Avenue right-of-way and farther west is the Congress Lakes PUD. Ol Page 3 Memorandum #97-351 ABAN 96-005 RECOMMENDA TION Staff recommends approval of this abandonment, subject to the attached Exhibit "E" _ Conditions of Approval. T JH:dar Attachments xc: Central File S:IPlanningISHARED\WPIPROJECTSIPOLL_ TRO'ABAN\STFRPT.WPD 3 EXHIBIT "A" 'I n ~\. '\ ) , .I , -, l ..r- - --1 N L' - - '.. "- f N / I efT' L ,. EXHIBIT "B" b I .) l . I , W ~: Cf.); Cf.): W cr' C) Z 0: u' is ,:;=~:_ ....... L - Q~A~;U~LVD C:XISTING POLLO TROPICAL BUILDING' NEW EASEMENT EASEMENT TO BE ABANDONED '1 EXHIBIT "c" 8 onuvl:. .I[3{'''"'1 "'"l1e \.jAti~ ~H 8 ASSOf:J..TESt I~C. LANIJ ,'LM"N~tt9 ,~; .. I=-.I I' ;=-. --; LAUD SURVE 405 S.E. R'" J\VE:. (SOUTIf "'f:IJ~rt^L "IOIIWMf DEl"AV BE ACII, FlO"'OA 33444: " ""ONE (30!)f28a-lgto N ~ ~'" ~~ ()1iI ~t to- ~... III . ~Asr-""ssr Jl4.LIN~ ~~ SE.t:.. 17-~S-~3 ~ ;V 8!J: De: 39'E. ~, 'c,o.. ~ 4 -2Z-!J7 /frVlSSD 11-4-96 NOTE: Not to scale ,,'S .ketch!. iht If! 0' BnUcE CMfEn a ASSOCIATES lHe anchhall not bit oduotd Inwhblt or arl"lhaut &~!~.!iJt ..tlDYlln ",lIlna. Uf'OM E9 Gnd/or nEvIS'O"! OM~ By Ck'D h01 t Th. u"dltlllon"d and "nUct c^"H:" fl ^!90CI^n9, tho. Ina" no te"'lII'"lallon. or fllman',.. a. fa It'l ""ahnlf'Im .flttlol.d ht'Oft ".rlttlnlnlJ I .V'lmentl,tlahll-of.wa".." hGek IIntt,t'!ttnGflont,lIdt"tnen" lIntl blh., .,mIIctt Inatu brief furn,." tf~.. 1Mb""',", l!t hIl' ",I&nded Iotefl6et at 1.1 fllt'h aIt tueh meltl.l. Suet ,"'onna'lon '''ould bit ob'alned and ecn'ItmfJd b, oIt,ert '.CMIt Dpfltorilctl. 'IN .. dtel 'Non landt !thew" hereon wert nol abihdeted fo, t1t1M-bt-wlft dnd/ot '("Iment. 0' tflcord: LEGEND, P.o.c. .. POINT OF <:.'Clt-t4ENCIm P.O.B. .. POINT OF B!XJINNIm 1'.0.T. .. POINT OF TEIlHINUS Ii BEAIUN; BASIS: East R/W Congress Ave.= S.Olo43'35~. JOB "0. SEC. COR. R/W PT. SHopp~~f~ OF BOnm:fi P'ASEMFNr ~ ::il\t:lU:1 & LEGAL .~,. \ , ;...!"~-I 1-; !~J~ i Co:) ---; .. SECTION .. CORNER .. RIGm' OF WAY . POINT ~ ::z 'IBIS IS l<<7l' A SORVEY #.8" - 011'- S9-E. ~- 39.'9 - 0/ O<?} , /.5' ~ , ~T. ~- DESCRIPTION I' A strip of land 15.00 feet in widtW lying il Section 17, Township 45 South, Range 43 Eas' The boundary of said 15.00 foot strip lying 7.50 feet on each side of the following described centerline, being more particular: ~e8cribed as follows: :.:l ... N .1 " III .' o Commencing at the west 3uarter corner of saj Section 17, thence N.89 08'39"E., along the. east/west quarter line of said Section 17 a distance of 60.06 feet to a point on the eae right-of-way line of Congress Avenue; thencE S.01043'35"W., along the east right-of-way line of Congress Av~nue a distance of 355.1~ feet; thence S.44033'53"E., along the nortt easterly right-of-way line of Quantum Boulevard as recorded in Plat Book 57, pagee 180 and 181 of the Public Records of Palm Beach County, Florida, a distance of 36.14 feet; thence N.89008'39"E., along the north right-of-way line of said Quantum Boulevard a distance of 126.21 feet; thence N.00051'21"W., a distance of 125.35 feet; thence N.30007'37"W~, a ~istance of 14.B5 feet to the Point of Beginning; thence continue N.30007'37"W.~ a distance of 54.58 feet; 'thence N. 0005' '21"W., a di'stance of BO.OO feet; thence N.89008'39"E., a distance of 39.99 feet to a Point of Terminus. Said lands situate, lying and being in Palm Beach County, Florida. '1/\ ,I') iii ... .... :i . . .. .., . I in 0' ~ ~ ~ /:~y--'- ~ N. CARTER RmIS'l'ERED IRID SOR1r"ElOR l<<J. STAD OF FI.CRmA 2963 N. S9~ 08'.~'" E. au............... & "D. -- on^WH BY: ttLE No. /Jc. ctlECKED by: tb. "0, "t::S t-( U C E JB III/III IIIHlle CARTER a AS~(lCIATES, INC. LAND SUR\-... , ~~s LANu PLANNERS D<HISIT A PirONe 130~J 2e~ -1910 "" 1 f ~age 0 40e S.!. 8th .a.VE. (SOUTH FEOfR.a.L. HIGHWAYI OELRAY BEACH, FLORIOA 33444 ~ ~ u en -- -- ~----l ~ - I --l 1 I 1 t1RP. ~t)57 p= t 48 1 DATED: DECEMBER 3. 1993 SKETCH & LEGAL THIS IS NOT A SURVEY ~ 8 :z: 120.' 1:' LEGEND, P.O.C. P.O.B. SEC. R/W : - POINT OF COMMENCING - POINT OF BEGINNING - SECTION - RIGHT Of' WAY r<I .~ ~. G~ ~~ ~ ... "t V A.lB'roS '~"~ nuSA'tn-"~"""'L f ...~ IJAIIDMOIIICIt ...." .. "-" .. a.. 211Uf.. U .e. .., thI PUJIIIIM lOA'" cw L&NO '0IWrr0M '. '~ 7 _ . .....-......of72;lD7~...~ ~: V'.;" . . "1".""T~flIl;U.',"'., ~) ./,." : '., ~.~.I"'''I'''';'.:llI'''''' ..............r... ";~~"" " '.' 1'" -i'''' ~ .'Ii.-"..~.....,,"rt:. ~ . " . . . I ..,. .~.. ~. : ~ '. ~:.;~I.r.V::l _ . BRUCE . N. CART . ":. REGISTERED' LA SURVEYOR::NO ..29 STATE;::'OF. FLORI AI. ~Iw tI (,I "N rWAIf e~ul.~ vA~D -.--.... --- OF~ ot BAuer ~T!" Il ASSOCIATES 'NC. ond IItalI noI b r rodu dIn I . ,.EVII/OH' DATE BY CK'O ~ Th, und""Vn'.d and BftUCE CAftTI,. Il ASSOOIATI., tHC. ~ " r'pr",nl.llona ar 9uafonl... 01 10 th,lnlonnOllon "Ulct... .h.,t", ,.riolnln .o''''''''"r1'''I._or_woy,.., boc" IInea,rwetfWttl:WM'.""'tIIt. Gn~ ofhtr 11m_ mg alld (urlh.f, IhI. In.lrum,nll. nol Inl.nded 10 reflecl Of "' to'lh eU IV~" mall,,.. 81 Into"",ollon .hould bo Ob'ol".d C1nd amtl"ned br other. thtOl.91 C1ppooplol' Iltle ,u, ~ Land. .hown h.run wore no' abll,all'l" fo, "O"I-o#-wo, ond/or 10""'.nl. Jt (acord. I -..-.. - ..... ...- .. , 9 ....,en Ie IN UPOATII Itn" Oil NO. OFlAWN BY'; G. H. F. B. PO. FIL NO Po l.L.OTIil /0 ~r1U~J:. ~IIIIIII '/,1ti11,C '-Jl- " , f:.H Cfs A~~l, ~ IA"rES, INC. EXHIBIT A Page 2 of 2 LAND PLANNERS LAND SURVEYORS 40~ S.!, 6'" AVE, (sour,., FEcn-;nl\l. DEL RAY BE ACH, FLORIDA J34"4 III (i I' WI"\)" ) ""ONE (JO:5) 265 - 19:0 FOR: POLLO TROPICAL (lRq AnC)7 p~ 1 4A'::' . . . DESCRIPTION: 12 FOOT UTILITY EASEMENT A 12 FOOT UTILITY EASEMENT OVER A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 4~ SOUTH. RANGe 43 EAST. PALM BEACH COUNTY. FLORIDA, THE CENTERLINE OF SAID 12 FOOT UTILITY EASEMENT LYING 6 FEET ON EACH SlOE OF THE fOLLOWING DESCRIBED CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 17, THENCE N89"OB'39"E, ALONG THE EAST-WEST QUARTER LINE OF SAID SECTION 17. A DISTANCE OF 50. OS FEET: THENCE B01"43'3~"W, ALONG nu: EAST RIGHT-OF-WAY LINE OF CONGRESS AVENUE AS RECORDED IN PLAT BOOK 57. PAGES 180-181. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. A DISTANCE OF 3~~.1!5 FEET, THENCE S44'33'~3"E, ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE Of OUANTUM BOULEVARD AS ~E:CORDE:D IN PLAT BOOI, .57. PAGES 180-181, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. A DISTANCE OF 3~.14 FEET I THENCE N89'08'39"E. ALONG THE NORTHERLY RIGHT-Of-WAY LINE: OF SAID QUANTUM BOULEVARD A DISTANCE OF 126.21 FEET; THENCE NO.'l'21"W. A DISTANCE OF 134.22 FEET; THENCE N44"08'39"E. A DISTANCE OF 3.27 FEET TO THE POINT OF BEGINNING. SAID POINT ALSO BE1NG ON THE EASTERLY LINE OF A 15 FOOT UTILITY ~AS~NT RECORDED. IN OFFICIAL RECORD BOOK 7149, PAGE 1153 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA: THENCE CONTINUE N44.08'39"E. A DISTANCE OF 23.76 FEET: TIJENCE NO"Sl'21"W, A OISTPJiCE OF 22.00 FEET: THENCE N4~ .:H · 21 "W, A 0 I STANCE OF 10.00 FEET: THENCE NO.51'21"W, A DISTANCE OF 76.00 FEET TO TIiE SOUTHERLY LINE OF SAID l' FOOT UTILITY EASEMENT. SAID POINT ALSO BEING THE POINT OF TERMINUS. - SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY. FLORIDA. NOTE: ALL OFFICIAL RECORDED BOOK INFORMATION. WAS TAKEN FROM A SKETCH OF SURVEY PREPAREn, BY RICHARD L. SHEPHARD & ASSOC. INC.. WHICH WAS PROVIDED BY CLIENT. BEARINGS BASED ON THE PLAT OF QUANTUM PARK AT BOYNTON P.I.D. PLAT NO. l-A. SH~eT aOFZ- 19 ~Ieh" IN r1 of BRUCE CART~R a ASSOCIATES INC. ond "'011 no' be r rodu, n I wi LlPDATES o~dl'or REVISIONS .OATE IIY CK'O !iQ.!l; Th. und"II;n'd ond BRUCt CAftTER a ASSOCIATES, INC. Il'IoIte no "P""n'ollon. or Quoranl... a. to the Inlol1nClllon ,efleOled, h."on pertolnlt14 10 IOttn\eln'I,rlghl.-of.woy...t book 11nt',r.tNOllon.,.,.m..,'. and oth" IImIar molten and rl/rlh,r,lhl. Inslrum.n' I, nollnlllldld to "f1eel CIl" .., forth ClIllloIClh mall,,.., Sudl 'nformatlon Ihould be oblotntd o"d ocnflnned by ottttrl ltwO\llfl OPflrcplal. 11111 ".'01'1. tLQ!S l.and. ,hown hereon ..,. '101 ob,'racl,d 10' r1qhl-of.woy and 10' ,aum.nl. or record. '8 NO DRAWN e-';: CHECKED BY. F. 9. PO. . FIL! NO. II E:-:HIBI'r B . "'. I _.~-_, ..,...., \ pr("~~:J ~~:~rr -!:1f)~OTrl'(~' :~~1 ~Cl. r,-~ r;" n~ T\.If; t:.." ;:1:, ," JOINDER IN AND CONSENT OF HORTcAGER TO RASF.MP.N'f This Joinder in and Consent of Hert9l!gee t.o Easement (this "Joinder and consent") 1s made llnd entered into this ..sE..tl. day of i:2..f2 (''-A.".~ 1993, by DRAPER AND KRAMER, INCORPORATED, an Illin01s corporation, B~ joint ven~ur.r of and d/b/a SDK Industrial Parks, a join~ ven~ur. hereinaf~.r called "Mort~.gee". ' WHEREAS, Mort~ag.e is the owner and holder of that cer~llin Hortqage Deed and Security Agreement executed by VSB Ltd., II Florida Ibited partnership ("VSB"), recorded in the PUblic Records of Palm Beach County, Florida, in Official Records Book 6046, at Paqe 1193 (the "Mortgage") 1 llnd WHEREAS, the Mort9aqe eneumbers. ~ AliA, the land mere par~icularlY described in that certain easement executed and deliVered by vse, in favor of the City ot Boynton Beach, a political subdivision Of the state ot Florida (the "Easement") to which this Joinder and Consent is attached7 and WHEREAS, the Mortgagee has consented to the below-described easement. ' NOW, THEREFORE, Mortgagee agrees as tollows: 1. Mortgage, does hereby ~onsent to the recordation of the Easement, dated~('~- '"'-. i' /'11.1', and the creation of .~he easement thereby. 2. The Mortgage shall be and hereby is subordinate to the Easement, and nothinq contained in the Mortgage shall affec~, alter or modily in any manner whatsoever, the terms and conditions of the estat~ granted 1n the Easement7 but in all other respects the Mortqage remains in lull force and allect. IN WITNESS WHEREOF, the Mortgagee has caused this instrument to be duly executed by its authorized officer on the date set forth above. SOX INDUSTRIAL PARKS, a joint venture BY: BY: ~) STATE OF FLORIDA COUNTY or'rfjl8tui..L 5S: "'''co: \,.....:"'ld." '.0.11.'11.,...."...,......."&2 ,Before me". the undersigned author! ty, personally appeared _ (. "(UI,.J ~,l , , who is personally known ~o me or: produced Ii (1:,,/-, "":'0 ,,-';J< 8S identification, and (s)he acknowledged before me that (s)h~ ~xecuted, the foregoing instrument, and (s)he did take an oath, as ~"(,-, fl"5..-/(l)-f ot DRAPER. AND KRAMER, INCORPORATED, an Illinois corporation, on behalf of the corporation, as joint venturer ot SDX INPUSTRIAL P~KS, a joint venture, on behalf or thQ joint venture, this ~l dar. of",V".r.l~. I)U:1 , 1993. . l-_./' .' {,I /-/. /, 11',/ ,. Ill./: . ,~__ ". :.~Ji I{/~-,./u,>,. ,~ NOTARY PUBLIC, STATE OF rLOR,ID~ ' [NOTARIAL SEAL] Print Name of Nohry: l~<-::,/,,-,, 1-0,1:1 IfI ..I. My Commission Expiree: ...... ''I',.'...;.;'.. LESLIE A, ADllOHlSIO i~; ;., "J" ..., CO......'SSION' c(X!3'" nPlf\E$ \~;";::-"~';'~ Ck1G_ 3t, '''7 "1,.~..~:.,., to"DD.....,~'WI ttSWlilCI. 'C ,~ EXHIBIT "0" 13 APPLICATION TO ABANDON/VACATE BOYNTON BEACH PLANNING DEPARTMENT I ~."'" ~JE PLANNIrJG AIlU ZONING OEPr APPLICATION INFORMATION FORM This form must be filled out completely and accurately and must accompany all applications submitted to the planning Department. (Three (3) copies of application are required.) NOTE: PROJECT NAME: AGENT'S NAME: AGENT'S ADDRESS: AGENT'S PHONE: OWNER'S NAME: (or Trustee'st OWNER'S ADDRESS: OWNER'S PHONE: POLLO TROPICAL RESTAURANT DAVID S. DROBNER. ESQ. KATZ, BARRON, SQUITERO, FAUST & BERMAN, P.A. 2699 South Bayshore Drive, 7th Floor Miami, Florida 33133 305 856-2444 POLLO TROPICAL. INC.. a Florida corporation (f/k/a El PolIo Ventures Inc., as successor by merger to EI PolIo Bovnton, In~., "- Florida corporation) Agent of Landlord/Fee oWner VSB, LTD. clo Katz, Barron, Squitero, Faust & Berman, P.A. 2699 S. Bayshore Dr., 7th Floor, Miami, FL ))l)) 305 856-2444 PROJECT LOCATION: THE SHOP PES OF BOYNTON, Boynton Beach, Palm Beach County, FL (not legal description) CORRESPONDENCE ADDRESS: * (if different than agent or ownert N/ A - Same as above * This is the address to which all agendas, letters and other materials will be forwarded. III APPLICATION TO ABANDON/VACATE The undersigned, p~rsuant to Ordinance NO. 76-27 of the C~~~ of Boynton Beach, Florida, hereby applies to the City Commissi~n to vacatet abandon, and discontinue the, (check one II ALLEY STREET X SPECIAL PURPOSE EASEMENT OTHER NON FEE INTEREST OF THE CITY as described in a~tached Exhibit II A" , 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 list~d 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 .howing 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 \HiS acquired and is evidenced by, (check onel: (X DEED (Easement) ( DEDICATION ( PRESCRIPTION Recorded in Of f idal i Records Book 7149 , page-!.!.ll.., and 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 ~l'event no other property owners from access to and from their property and no other property owners in the vicinity will be adversely effected. 4. That the above described property interest is under the c,Jntrol and juris.licHon of the City conunission of the City of Boynton 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.: S. That the following constitutes'a complete and accurate schedule ot all owners and occupants bounding and abutting the property interest described above. !!M1! ADDRESS VSB, Ltd., ~ ~1nrida limited DartnershiD c/o Terrence Russell, Esq., Ruden, iiCCloskey, Smith, Schuster ~ Kussell. PA 200 East Broward Blvd. Ft. Lauderdale, FL 33302 )5 6. That the following grounds and reasons are submitted in Support of this application: When PolIo Tro ical Restaurant buildll1 was to be constructed, the Cit inspector required that a ortion of the existing Sho in Center Utilities (water main) Easement be relocated (else that portion of the existing easement but never did abandon or vacate the applicable portion of the original easement would be under the building). We recorded the new (relocated easement, attached, (copy also attached). At the time, City officials advised that abandonment was not urgent, but eventually should occur. DATED:frcV. ~e... I'" APPLICAN~) ~E.. LE~E SIGN) /,.~ ...;:~'. .' ~-, ... ... " , DA 0 S. DROSNER ADDRESS KATZ. BARRON. SOUITERO. FAUST & BER.'IAN. 2699 South Bayshore Dr., 7th Floor Miami, Florida 33133 STATE OF FLORIDA COUNTY OF ~~Uf BIAQH DADE The above named apPlicant+e;-being first duly sworn by me the day and year above indicated, deposed and stated that he ~is the applicant+-+ in the foregoing Application to-Xbandon/ Vacate, that .ae~ ha~ read the same and that the facts therein set forth are true and correct to the best of 1Rair knOWledge. HI~ My Commission Expires: 7/3'/48 'l" Pt/ apPIClAL NOTAR' IUL 0..... 40", ~ACOUILN D KNOWLII ~ . (l CC*M1IaI01I NU..III a. .f CC3UI.. ':; 1f ., CO.....IClIt UJI. ~o, 0 JULY 31111. 6-19-87 Ii, EXHIBIT "E" I? EXHIBIT "E" Conditions of Approval Project name: Shoppes of Boynton - Polio Tropical File number: ABAN 96-005 Reference: Utilitv Easement Abandonment and Re-alignment at Shoppes of Bovnton. DEPARTMENTS INCLUDE REJECT ENGINEERING Comments: NO OBJECTION UTILITIES Comments: NO OBJECTION PLANNING AND ZONING Comments: NO OBJECTION ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. NONE ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined. JLldar S:IPLANNING\SHAREDlWPIPROJECTSIPOLL. TRO\ABAN\CONDAPPR. WPD DEVELOPMENT ORDER ( OF BOYNTON BEACH, FLORIL.. . PROJECT NAME: Polio Tropical at Shoppes of Boynton APPLICANT: Draper and Kramer of Florida, Inc. APPLICANT'S AGENT: David S. Drobner, Esq. AGENT'S ADDRESS: 2699 South Bayshore Dr., Seventh Floor, Miami, FL 33133-5406 DATE OF HEARING BEFORE CITY COMMISSION: August 5,1997 TYPE OF RELIEF SOUGHT: Utility easement abandonment LOCATION OF PROPERTY: Northeast corner of Congress Avenue and Quantum Boulevard DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "B" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk J\Planning\SHARED\WP\PROJECTS\Pollo TropicaI\ABAN\DEVELOPMENT ORDER.doc I') MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5,1997 L. Approve Site Plan for Palm Beach Realty Investors, Inc. at the Boynton Commerce Center PID, located at the south terminus of Corporate Drive, to construct a 35,715 square foot multi-tenant building on a 2.88 acre vacant lot within the Boynton Commerce Center PID. This item is explained in detail on the Agenda Item Request Form. M. Approve request for Polio Tropical at Shoppes of Boynton, located at the northeast corner of Congress Avenue and Quantum Boulevard, to abandon a portion of a 15' wide utility easement (Proposed Resolution No. R97 -130). This item is explained in detail on the Agenda Item Request Form. N. Approve request for Healing for the Nations Church, located on the west side of Seacrest Boulevard, approximately 335' north of Mission Hill Road, for a one-year time extension of the site plan approval granted on July 16, 1996 to July 26, 1998 for construction of a 6,888 square foot church located on 1.006 acres. This item is explained in detail on the Agenda Item Request Form. O. Approve purchase of camera equipment for the Police Department to upgrade existing photographic equipment from Westinghouse A.I.D. This item is explained in detail on the Agenda Item Request Form. City Manager Willis corrected this item to reflect that funding for this item will come from the CIP account. P. Approve purchase of the "Tifdwarf Sod"/Resod Collar on the "White" Course Greens purchase at the Golf Course in the amount of $8,272. This item is explained in detail on the Agenda Item Request Form. , I, #- cJ.;~ V \ I /V4JS( Q. Approve excavation and fill operation for the east 24 acres of the ,('~ Melear property which abuts the south and west sides of Sandalwood Drive on the west side of Congress Avenue. This item is explained in detail on the Agenda Item Request Form. 9 DEVELOPMENT ORDER ... . N OF BOYNTON BEACH, FLOt, " .,~_....~_~~:<'!>:'lI""'~".'.. ( ,. JtjB-~~-~-~g",-,N:,.! n PROJECT NAME: Polio Tropical at Shoppes of Boynton \'- APPLICANT: Draper and Kramer of Florida, Inc. )\\ ;c '0 l~. ,- APPLICANTS AGENT: David S. Drobner. Esq. L"",';:;;;ii";~ __.JDt6'{i}~:S_.-, -' AGENT'S ADDRESS: 2699 South Bayshore Dr., Seventh Floor, Miami, FL 33133-5406 DATE OF HEARING BEFORE CITY COMMISSION: August 5,1997 TYPE OF RELIEF SOUGHT: Utility easement abandonment LOCATION OF PROPERTY: Northeast corner of Congress Avenue and Quantum Boulevard DRAWING(S): SEE EXHIBIT "An ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant L. HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "B" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other \\\\\\111111110< ~\\ 1/// #' ~\ON 8 111// ~ 0...... .... .... 1::"7. 'l :::: ,"0. AA 7i.... l."\ .;., ~ q, ."'! C::() .... 1- ~ -&.L. .... ~ 0 iCJ \ ~ =.z ~: .... ...... .... t"\... -'~ rev' . ~- g: ~ ~ ~< . ~ ~ ~.,. ~ ..... ~ ~ ~ '" ........ ~ ..... <?-,Q ~ ~/I. F\.. 0 \\'~ ~111I"'""\\\'\\ DATED: aaf~c 8. /PfilfT ~~~a~~ City Clerk J\Planning\SHARED\WP\PROJECTS\Pollo Tropical\ABAN\DEVELOPMENT ORDER.doc I')