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AGENDA DOCUMENTS 8~r:GA'J APPR01f A'~ DOCUf\fENT.~ .. AGE"'DA' DOCUME"'T.~ X. LEGAL C.4 PLANNING AND ZONING DEPARTMENT MEMORA cc: Dev, Plan, Util Agenda Memorandum for April 4, 1995 city commission Meeting TO: Carrie Parker city Manager FROM: Tambri J. Heyden /;2~ Planning and Zoning Director DATE: March 28, 1995 SUBJECT: The Vinings at Boynton Beach - File No. ABAN #95-005 Please place the above-referenced item on the City Commission agenda for April 4, 1995 under Legpl - Resolutions. DESCRIPTION: Adoption of the attached resolution will finalize the action taken by the City Commission at the September 20, 1994 City Commission meeting. At that meeting, the city Commiss~on approved the abandonment of.a 20 foot wide drainage easement located northeast of the southwest corner of S.W. 8th Street and Morton's Way, within the proposed Vinings apartment complex parcel. Abandonment of the easement is necessary so that the apartment bUildings which have been site plan approved and within the permitting process, will not encroach the easement. Since the easement was used to accept and pretreat the stormwater drainage from the Shoppes of Woolbright PCD, prior to discharge into the master drainage tract (lake) located within the Woolbright Place pun and serving both the pcn and the PUD, approval was subject to relocation/rerouting of the infrastructure .leading from the PCD to the lake. .~- RECOMMENDATION: The Planning and Zoning Department recommends approval of this resolution. The Engineering Division has verified that the referenced condition of approval (relocation of the drainage infrastructure) has been satisfied. tjh Attachments xc: Central File A:VinDAban ~ r --,;".,-,' ~":",.~"--"'--"-D "-~,', ' 00 ~ " " ,L, ~ [ "" I" '.. " ".' ,',' I', r'\ ,'. D --,' '."""0"",."_".-,'-' ..,' -..-",:-.:., "', ,1, ;,!, I, II IHll 'l' , ; ~ . ;i \ 1 I" 'J" I i j i ,'.' ',! . j' L-__...."._ 1 PlJ:!H!~;;; AND ! ZONING DEPT. W' "WfI ENGINEERING DIVISION MEMORANDUM NO. 95-087 TO: Tambri J. Heyden Planning & zoning Director ~l~m Hukill, P.E. ~Engineer March 24, 1995 FROM: DATE: RE: THE VININGS - DRAINAGE EASEMENT The attached letter from CCL Consultants, Inc. certifies that the drainage easement near the southwest eprner of the Vinings PUD is no longer required for drainage purposes. P lease prepare an abandonment resolution for City Commission action April 4. WVH/ck C:VININGS.EAS xc: Ca'r?i@I'AP1!lt'ke'P1",.e"1'(Nana4J4t~ James Cherof, City Attorney Al Newbold, Deputy Building Official ''"- .......... RECEIVED MAR 21 l~CJS CITY MANAGER'S OFFICE Q CCl CONSULTANTS, INC. Consulting Enginee" m Surveyo" Planners 2200 PARK CENTRAL BLVD., N, SUITE 100, POMPANO BEACH, FL 33064. (305) 974-2200. FAX (305) 973-2686 March 22, 1995 Hand Delivery Hr. William HUkill, P.E. City Engineer CITY OF BOYNTON BEACH 100 East Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Re: THE VININGS AP BOYNTON BEACH - PHASE ~ Boynton Beach, Florida CCL Project No. 3420 Dear Mr. Hukill: Please be advised that based upon a field inspection that I performed on March 15, 1995, the drainage relocation construction by Centerline utilities, Inc., is considered functionally complete. Therefore, the drainage easement that we are in the process of abandoning is no longer required for drainage purposes because the permanent drainage route is sufficiently complete to accept all of the off-site stormwater that would have utilized the stormwater facilities previously located in this easement. .~- . We wou~ very much appreciate it if you could schedule the drainage easement abandonment for the next available City commission Meeting (Tuesday, April 4, 1995). Should you have any questions or need any additional information, please do not hesitate to contact me. Very truly yours, CCL CONSULTANTS, INC. ~ ampanile, Jr., P.E. S onal Enqineer No. 36762 of Florida LRCjkag cc: Bettina Scherer, Trammell Crow Residential Tambri Heyden, City of Boynt~n Beach Al Newbold, Deputy Building Official, City of Boynton Beach W' .." RESOLUTION NO. R95- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A TWENTY ( 2 0 ) FOOT DRAINAGE EASEMENT AT THE SOUTHWEST CORNER OF TRACT C, WOOLBRIGHT PLACE PLAT 1; SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID UTILITY EASEMENT; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the applicant, CCL Consultants, Inc., as agent for Howard R. Scharlin, Trustee fur the Woolbright Place PUD is requesting abandonment of a' twenty (20) foot wide drainage easement, which easement is located northeast of the southwest corner of S.W. 8th Street and Morton's Way, within a 33.87 acre parcel to be known as The Vinings; and WHEREAS, comments have been solicited from the appropriate City Departments; and WHEREAS, public hearings have been held before the City's Planning and Zoning Board and the City Commission on the proposed abandonment; and WHEREAS, based on the foregoing information, the said easement no longer serves any useful purpose. .~_ NOW, '1'HEREFORB, BE IT RESOLVED BY THB CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section I. The City Commission of the City of Boynton Beach, Florida by and through its City Commission does hereby abandon a twenty (20) foot drainage easement in the City of Boynton Beach, Florida and more particularly described in Exhibit "An attached hereto. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTBD this day of April, 1995. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner Commissioner Abnd,Vininlll. JiJOl95 EXHIBIT "A" The 20 foot drainage easement at the southwest corner of Tract C, Woolbright Place Plat 1, according to the plat thereof as recorded in Plat Book 67, Pages 47 through 49, Public Records, Palm Beach County, Florida, being more particularly described as follows: Commence at the southwest corner of said Tract Ci thence north 49D 31'18" west along the easterly line of said Tract C for 40.18 feet to a point on a curve, said point bears north 82D 31112" east to the radius point of the next described curve i thence northwesterly along a circular curve to the right, having a radius of 1441.26 feet, a central angle of 05Q 321 01", for an arc distance of 139.20' feet to the point of beginning and a point-on the west line of said Tract C and centerline of said 20 foot drainage easement, said easement lying 10 feet on each side of and adjoining the following described centerline; thence south 69 D 25 I 05" west for 203.97 feet to the point of terminus. .~- ~~- ~ "WfI DISCLAIMER KNOW ALL KEN BY THESB PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon and disclaim a twenty (20) foot drainage easement, at the southwest corner of Tract C, Woolbright Place Plat 1, situated and located in Palm Beach County, Florida, attached hereto as Exhibit "A". IN WITNESS WHEREOF, the.du~y authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ____ day of April, 1995. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Suzanne Kruse, City Clerk Jerry Taylor, Mayor STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) .~::- BEPO~ lIB, the undersigned authority, personally appeared JERRY TAYLOR and SUZANNE KRUSE, Mayor and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of April, 1995. NOTARY PUBLIC, State of Florida My Commission Expires: EXHIBIT " A II The 20 foot drainage easement at the southwest corner of Tract C, Woolbright Place Plat 1, according to the plat thereof as recorded in Plat Book 67, Pages 47 through 49, Public Records, Palm Beach County, Florida, being more particularly described as follows: Conunence at the southwest corner of said Tract C; thence north 49D 31'18- west along the easterly line of said Tract C for 40.18 feet to a point on a curve, said point bears north 82D 31'1211 east to the radius point of the next described curve; thence northwesterly along a circular curve to the right, having a radius of 1441.26 feet, a central angle of OSD 32' 01-, for an arc distance of 139.20' feet to the point of beginning and a point~on the west line of said Tract C and centerline of said 20 foot drainage easement, said easement lying 10 feet on each side of and adjoining the following described centerline; thence south 69 D 2S I OS. west for 203.97 feet to the point of terminus. .~- ...~~ ~ ..", ~r~.JtlJ.JLJ ,~ \ n Ii F ~i~ ! :' I 'DEVELOPMENT ,.." VIII. DEV PLANS A.I cc: Dev, Plan Util DEPARTMENT MEMORANDUM NO. 95-012 AGENDA ITEM \b TO: Honorable Mayor & City Commission t~m Hukill, P.E., Director of Development February 17, 1995 FROM: DATE: RE: ACCEPTANCE OF MAINTENANCE AGREEMENT AND FINAL PLAT FOR THE VININGS, PHASE I PROJECT HISTORY The Vinings is located east of SW 8th Street, north of Woolbright Road and west of the CSX Railroad. This project, when completed, will contain 252 apartment units on the 17.96z acre site resulting in a density of 14 units per acre. Plat documents prepared and submitted by CCL Consultants, Inc. for the Developer have been reviewed by this writer. The final plat resolution has been prepared by City Attorney James Cherof who has indicated approval of dedication sheets and maintenance statements and further indicated that the plat dedication sheet mirrors the agreement between the City and Developer (HOA) and/or the HOA documents, and that onsite/offsite landscaping agreements are acceptable. DEVELOPMENT DEPARTMENT COMMENTS The Development Department recommends approval of the final plat of The Vinings as the Developer has substantially complied with the provisions set forth in City Code of Ordinances, Appendix C, Subdivision and Platting Regulations. Surety in the form of Performance Bonds in the amount of $777,212.70 have been posted by the Developer and are being held by the Finance Director. The Finance Director and City Attorney have reviewed and approved the surety. All fees have been received, as have approval from requisite governmental agencies. The Maintenance Agreement has been reviewed and approved by both the City Attorney and the Parks and Recreation Department. RECOMMENDED CITY COMMISSION ACTION The City Commission, if they deem it reasonable, should execute the attached resolution authorizing approval of the submitted final plat for The vinings; authorize acceptance of the Maintenance Agreement; authorize the Honorable Mayor, City Engineer and City Clerk to execute the plat document; and authorize recording of the documents into Public Records of Palm Beach County Florida. Upon ~ ""'" VIII. DEV PLANS A.I cc: Dev, Plan Uti1 DEVELOPMENT DEPARTMENT MEMORANDUM NO. 95-012 AGENDA ITEM DATE: Honorable Mayor & City Commission t~m Hukill, P.E., Director of Development February 17, 1995 TO: FROM: RE: ACCEPTANCE OF MAINTENANCE AGREEMENT AND FINAL PLAT FOR THE VININGS, PHASE I PROJECT HISTORY The Vinings is located east of SW 8th Street, north of Woolbright Road and west of the CSX Railroad. This project, when completed, will contain 252 apartment units on the 17.96~ acre site resulting in a density of 14 units per acre. Plat documents prepared and submitted by CCL Consultants, Inc. for the Developer have been reviewed by this writer. The final plat resolution has been prepared by City Attorney James Cherof who has indicated approval of dedication sheets and maintenance statements and further indicated that the plat dedication sheet mirrors the agreement between the City and Developer (HOA) and/or the HOA documents, and that onsite/offsite landscaping agreements are acceptable. DEVELOPMENT DEPARTMENT COMMENTS The Development Department recommends approval of the final plat of The Vinings as the Developer has substantially complied with the provisions set forth in City Code of Ordinances, Appendix C, Subdivision and Platting Regulations. Surety in the form of Performance Bonds in the amount of $777,212.70 have been posted by the Developer and are being held by the Finance Director. The Finance Director and City Attorney have reviewed and approved the surety. All fees have been received, as have approval from requisite governmental agencies. The Maintenance Agreement has been reviewed and approved by both the City Attorney and the Parks and Recreation Department. RECOMMENDED CITY COMMISSION ACTION The City Commission, if they deem it reasonable, should execute the attached resolution authorizing approval of the submitted final plat for The vinings; authorize acceptance of the Maintenance Agreement; authorize the Honorable Mayor, City Engineer and City Clerk to execute the plat document; and authorize recording of the documents into Public Records of Palm Beach County Florida. Upon VIII. DEV PLANS A.I cc: Dev, Plan Util m ~Jt~~UL~ i ffi1l I ~ I' ! II 1\ f. t ~ i: I DEVELOPMENT DEPARTMENT MEMORANDUM NO. 95-012 AGENDA ITEM \~ FROM: Honorable Mayor & City Commission t~m Hukill, P.E., Director of Development February 17, 1995 TO: DATE: RE: ACCEPTANCE OF MAINTENANCE AGREEMENT AND FINAL PLAT FOR THE VININGS, PHASE I PROJECT HISTORY The vinings is located east of SW 8th Street, north of Woolbright Road and west of the CSX Railroad. This project, when completed, will contain 252 apartment units on the 17.96~ acre site resulting in a density of 14 units per acre. Plat documents prepared and submitted by CCL Consultants, Inc. for the Developer have been reviewed by this writer. The final plat resolution has been prepared by City Attorney James Cherof who has indicated approval of dedication sheets and maintenance statements and further indicated that the plat dedication sheet mirrors the agreement between the City and Developer (HOA) and/or the HOA documents, and that onsite/offsite landscaping agreements are acceptable. DEVELOPMENT DEPARTMENT COMMENTS The Development Department recommends approval of the final plat of The Vinings as the Developer has substantially complied with the provisions set forth in City Code of Ordinances, Appendix C, Subdivision and Platting Regulations. Surety in the form of Performance Bonds in the amount of $777,212.70 have been posted by the Developer and are being held by the Finance Director. The Finance Director and City Attorney have reviewed and approved the surety. All fees have been received, as have approval from requisite governmental agencies. The Maintenance Agreement has been reviewed and approved by both the City Attorney and the Parks and Recreation Department. RECOMMENDED CITY COMMISSION ACTION The City Commission, if they deem it reasonable, should execute the attached resolution authorizing approval of the submitted final plat for The vinings; authorize acceptance of the Maintenance Agreement; authorize the Honorable Mayor, City Engineer and City Clerk to execute the plat document; and authorize recording of the documents into Public Records of Palm Beach County Florida. Upon (Ie.--- PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-031 Agenda Memorandum for February 21, 1995 city Commission Meeting FROM: Carrie Parker C~ ~~~g~n .1/A JA , ~~~~~ planning and Zoning Director TO: DATE: February 6, 1995 SUBJECT: The vinings at Woolbright Place - File No. ABAN 94-006 Utility easement abandonment Please place the above-referenced item on the city Commission agenda for February 21, 1995 under Legal - Resolutions. DESCRIPTION: Adoption of the attached resolution will finalize the action taken by the City Commission at the December 20, 1994 City Commission meeting. At that meeting, the City Commission approved the abandonment of a portion of a twelve foot wide utility easement that is located approximately 200 feet east of S.W. 8th Street and within the proposed Vinings development. Abandonment of the easement is necessary so that the apartment buildings which have been site plan approved and within the permitting process, will not encroach the easement. Since there was an active utility line within the subject easement, this approval was subject to Palm Beach County Health Unit clearance of a replacement force main system. RECOMMENDATION: The Planning and Zoning Department recommends approval of this resolution. The utilities Department has verified that the referenced condition of approval of this abandonment has been satisfied. tjh Attachments xc: Central File A:VingABAN