LEGAL APPROVAL
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Bulent I. Kostarluk, NCARB
Director
Building
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
May 20, 1998
Gregory Miklos
Miklos & Associates
2263 N.W. Boca Raton Blvd,
Boca Raton, FL 33431
Re: Grand Park utility easement abandonment
File number: ABAN 98-002
Location: S.W. Corner of S,W. 13th Street & Golf Road
Dear Mr. Miklos:
Enclosed is the City of Boynton Beach Resolution No. R98-48 regarding the March 17, 1998,
Commission approval of your request for utility easement abandonment, regarding the above
referenced.
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 375-6260.
Sincerely,
.- ,', j-
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jc:.y>...t;-lL..j, "Gi. ~/c(;.v .4;....r
Tambri J. Heyden, AICP
Planning and Zoning Director
T JH:mae
Attachment
Xc: Central File
S:\Shrdata\Planning\Shared\Wp\Projects\GRAND PARK\Resolution letter. doc
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd., P,O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
"ar-23-U198 11:28aa 98-10046'3
.1lRl .0294 Pg 1235
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RESOLUTION NO. R98-41
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING ABANDONMENT
OF A TEN FOOT (10') UTILITY EASEMENT
LOCATED APPROXIMATELY 540 FEET
EAST OF THE SOUTHEAST CORNER OF
CONGRESS AVENUE AND S.W, 23RD
AVENUE, TO BE KNOWN AS GRAND PARK
OF BOYNTON BEACH; BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "An
ATTACHED HERETO; AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A
DISCLAIMER FOR SAID ABANDONMENT;
PROVIDING THAT THE ATTACHED
DISCLAIMER BE RECORDED IN THE
PUBLIC RECORDS OF PALM BEACH
COUNTY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Gregory Miklos of Miklos and Associates, agent for
Norman J. Michael,Milor corporation, Owner, has requested the
abandonment of a Ten Foot (10') utility easement located approximately 540
feet east of the southeast corner of Congress Avenue and S.W, 23rd Avenue,
to be known as Grand Park of Boynton Beach; and
WHEREAS, comments have been solicited from the appropriate City
Departments, and public hearings have been held before the City's Planning
and Development Board and the City Commission on the proposed
abandonment; and
WHEREAS, based on the foregoing information, the said utility
easement to be abandoned no longer serves any useful purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEA ':H, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton Beach,
Florida by and through its City Commission, does hereby abandon a Ten
Foot (10') utility easement located approximate~ 540 feet east of the
southeast corner of Congress Avenue and S.W. 23 Avenue, to be known as
Grand Park of Boynton Beach as depicted on the attached Exhibit "A" I
located in the City of Boynton Beach, Florida.
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ORB 10294 Pg 123E.
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, This Resolution shall take effect immediately upon
passage,
PASSED AND ADOPTED this /7 day of March, 1998,
CITY OF BOYNTON BEACH,
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Mayor .
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Commissioner
ATTEST:
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Ci Clerk
S:~~~~Grand Park Utility Easement
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SKETCH OF DESCRIPTION
EXHIBIT -A-
SHEET IOF 1
GOLF ROAD
S,87"38'24 ..w,
NORTH LINE TRACT 4
NO TES:
THIS /S NOT A SURVEY
THE SOUTH LINE OF TRACT 4 IS
ASSUMED TO BEAR S.87"38 '24 .W.
TRA C T 4
DESCRIPTION OF EASEMENT ABANDONMENT:
AN EASEMENT 10.0 FEET IN WIDTH LYING IN TRACT 4- OF THE PLA T
OF GOLF VIEW HARBOUR 3RD SEC TlON, AS SAID PLA T IS RECORDED
IN PLA T BOOK 30 A T PAGES 119 AND 120 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, SAID EASEMENT BEING MORE
PAR TlCULARL Y DESCRIDED AS FOLLOWS:
THE WEST 10.0 FEET OF THE EAST 364,4.1 'FEET OF SAID TRACT 4,
TOGETHER WITH THE SOUTH rD.O FEET OF THE WEST 210.5 FEET OF
THE EAST 574,9.1 FEET OF SAID TRACT 4.
57 .9.1'
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UTILITY EASEMENT
S.87-.J8'24.W.
523. 73'
SOUTH LINE TRACT 4
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LAKE WORTH DRAINAGe DISTRICT
LA TERAL CANAL NO. 27
(LAZY LAKE WATERWAY)
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ORDER NO. 84-/90
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N. S TER
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010 TF.': JAN. 5, mil
O'SREN. Sl.ITFR ~ O'Sl'l'EN. rIC
C~RTF1CA rE OF AUTHORtZA noN ILBJ5J
SURVFYOR AND MAPPER fI R~spbHS/8LE
CHARGe: JOHN N, SUITER
260/ NORTH FEDERAL HtGHWA Y
OELRAY B~ACH FLORDA JJ48J
(561) 276-4501 (561) ."32-J279
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EXHIBIT "A"
An easement 10,0 feet in width lying in Tract 4 of the Plat of
Golf View Harbour 3rd Section as said Plat is recorded in Plat
Book 30 at pages 119 and 120 of the Public Records of Palm
Beach County, Florida, said Easement being more
particularly described as follows:
The West 10.0 Feet of the East 34.43 Feet of said Tract 4,
Together with the South 10.0 Feet of the West 210,5 Feet of
the East 574.93 Feet of said Tract 4.
"ar-23-1998 11:28n 98-100470
ORB 10294 Pg 1240
101...IIIIUNlllnn.o.,.
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City
of Boynton Beach, Flori~a, a municipal corporation, under the laws of the
State of Florida, does hereby abandon and disclaim a Ten Foot (10')
utility easement, located approximately 540 feet east of the southeast
corner of Congress Avenue and S. ~./. 23rd Avenue, to be known as Grand
Park of Boynton Beach and more particularly described in Exhibit "A"
attached hereto,
IN WITNESS WHEREOF, the duly authorized officers of the
City of Boynton Beach, Florida, have hereunto set their hands and affixed
the seal of the City this.L.Z.- day of March, 1998,
ATTEST:
~.... ~ ..."""
Su anne Kruse,
City Clerk
CITY OF BOYNTON BEACH, FLORIDA
A
COUNTY OF PALM BEACH
)
)ss:
)
STATE OF FLORIDA
BEFORE ME, the undersigned authority, personally appeared GERALD
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
Grand Part< UtiIIly E_
v
ORB 10294 Pg 1241
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
18 day of March, 1998.
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Gt8nd "*" u.y_
NARY PUBliC, State of Florida
y Commission Expires:
...~-;;"~:';j;.'" JANET M. PRAINITO
[:r',A. .~t~ MY COMMISSION ~ CC 386141
:~:"~:": E,XP1RES: Augu., 21, 1998
";$;;.;.\...~~.-' Bor.oed T11rJ tlot'l!'j PublIc Um:erwrtters
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ORB 10294 Pg 1242
DOROTHY H. WILKEN, CLERK PB COUNTY, FL
EXHIBIT "A"
An easement 10.0 feet in width lying in Tract 4 of the Plat of
Golf View Harbour 3rd Section as said Plat is recorded in Plat
Book 30 at pages 119 and 120 of the Public Records of Palm
Beach County, Florida, said Easement being more
particularly described as follows:
The West 10.0 Feet of the East 34.43 Feet of said Tract 4,
Together with the South 10.0 Feet of the West 210.5 Feet of
the East 574,93 Feet of said Tract 4,
MEMORANDUM
-
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APR I 0 1998 ~
PLANNING AND
ZONING DEPT.
TO:
BULENT KASTARLAK, DIRECTOR OF DEVELOPMENT
FROM:
SUE KRUSE, CITY ~LERK
DATE:
APRIL 6, 1998
RE:
RESOLUTION #R98-48 - ABANDONMENT
Attached please a copy of the above mentioned utility abandonment easement which was
recorded in Palm Beach County on March 23, 1998.
~~
C: Engineering
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Utilities .
Original to Central Files
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MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 17,1998
2, Regular City Commission Meeting of March 3, 1998
Commissioner Titcomb moved approval. Mayor Pro Tem Tillman seconded the motion that
carried 5-0,
B. Bids - Recommend Approval - All expenditures are approved in the 1997-98
Adopted Budget
1. "Purchase and Install Two Utility Truck Bodies" - BID #038-501-98jSP -
Approve award to Rayside Truck & Trailer, Inc, of West Palm Beach,
Florida, in the amount of $8,570
2, "Cleaning, Sand Blasting and Painting of a Steel and Concrete Potable
Water Clarification Basin (INFIlCO Accelator)" - BID #013-401-98jSP -
Approve award to Atlantic Painting & Sandblasting of Boynton Beach,
Florida, in the amount of $46,500
3, "Annual local Manpower for the Clean Up of Martin Luther King, Jr, Blvd,
- Target Area" - BID #052-722-98/0D - Approve one-year extension of
this bid to: BlC Lawn & Maintenance of Delray Beach, Florida, in the
amount of $29,200,
C, Resolutions:
1. Proposed Resolution No. R98-48 Re: Authorizing the abandonment
of a 10' utility easement located approximately 540 ' east of the
southeast corner of Congress Avenue and SW 23rd Avenue to be known
as Grand Park ALF of Boynton Beach
2, Proposed Resolution No. R98-49 Re: Accepting a letter of Credit
from NationsBank as surety for required water and sewer improvements
for the Sun-Sentinel Building located in Quantum Park
Item IV-C, 2, Proposed Resolution No. R98-49, was deleted from the agenda during Agenda
Approval at the request of City Attorney Cherof.
3, Proposed Resolution No. R98-50 Re: Accepting a Letter of credit
from SunTrust Bank as s.urety for required water and sewer
improvements for Hampton Lakes, located outside Oty limits
4, Proposed Resolution No, R98-51 Re: Approving a Subordination of
Easement Agreement for an existing utilities easement now located in the
Congress Avenue right-of-way
5
DEVELOPMF~ .JRDER OF THE CITY COMMlssr
c. ( OF BOYNTON BEACH, FLORI[
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PLANNING AND
ZONING EPI
PROJECT NAME: Grand Park ALF at Boynton Beach
APPLICANT'S AGENT: Gregory Miklos
APPLICANT'S ADDRESS: 2263 N,W, Boca Raton Boulevard, Boca Raton, FL 33431
DATE OF PUBLIC HEARING BY CITY COMMISSION: 3/3/98
TYPE OF RELIEF SOUGHT: Utility easement abandonment
LOCATION OF PROPERTY: Southwest corner of S,W, 13th Street and Golf Road
DRAWING(S): SEE EXHIBIT liB" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
X 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
LHAS
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 "C. with notation "Included.,
4. The Applicant's application for relief is hereby
L 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
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J:\SHRDATA\Planning\SHARED\WP\Projects\Grand Park\aban\DEV ORDERdoc
EXHIBIT "C"
Conditions of Approval
Project name: Grand Park ALF at Boynton Beach
File number: ABAN 98-002
Reference' Abandonment aoolication submitted Januarv 12 1998
.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. None. X
ADDITIONAL CITY COMMISSION CONDITIONS
2. Te Be d....t...uuilJed': I./()/~e )(
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J:ISHRDATAIPlANNING\SHAREDIWPlPROJECTS\GRAND PARKlABAN-UTILITY EASEMENnCOND. OF APPROVAL-AIlAN.DOC