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REVIEW COMMENTS 7.A.3 GRAND PARK ALF OF BOYNTON BEACH ABANDONMENT DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. 98-054 TO: Chairman and Members Planning and Development Board THROUGH: Tambri J. Heyden, AICP Planning and Zoning Director FROM: Dan DeCarlo Assistant Planner DATE: February 24, 1998 SUBJECT: Grand Park ALF Abandonment- ABAN 98-002 Utility Easement Abandonment NATURE OF REQUEST Gregory Miklos of Miklos & Associates, agent for Norman J. Michael of Milor Corporation is requesting abandonment of a utility easement on property 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. The attached Exhibit "A" shows the location of property. The attached Exhibit "B" contains a survey sketch of the proposed abandonment area and contains a legal description of the portion of the utility easement to be abandoned. BACKGROUND The Grand Park ALF site plan has been approved by the Planning and Development Board and is scheduled for City Commission ratification on March 3, 1998. A condition of the site plan approval is abandonment of the subject utility easement which conflicts with the proposed building location. This utility easement was previously dedicated for a water transmission line through the Grand Park property to serve property to the south. This water line route plan was abandoned many years ago. However, the easement which was dedicated by plat when the property was subdivided was never extinguished. There is a ten-inch water line in front of the property on the south side of SW 23rd Street which negates the need for this easement. A letter was written in 1980 by the Director of Utilities stating that this easement would no longer be required (see Exhibit "C"). / Page 2 Memorandum #97-602 ABAN 97-005 ANAL YSIS The city departments involved in the review of all requests for abandonment and the utility companies notified of abandonment requests are identified below. Since this easement was dedicated for the sole purpose of city utilities, there was no need to notify other utility companies. Public notice was given to the property owners that abut the alley and 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 Utilities No objection Planning and Zoning No objection PUBLIC UTILITY COMPANIES Florida Power and Light N/A Bell South N/A Florida Public Utilities Company - N/A Cable Company (Adelphia) N/A Cable Company (Comcast) N/A The following is a description of the zoning districts and land uses of the properties that surround the subject request. North Woolbright Road right-of-way and farther north is a medical office building, zoned C-1 South Palm Beach Leisureville residential development, zoned R-1AA East Office buildings, zoned C-1 West Palm Beach Leisureville residential development, zoned R-1AA ~ Page 3 Memorandum #97-602 ABAN 97-005 RECOMMENDA TION Staff recommends approval of this abandonment request. If the Planning and Development Board and/or City Commission impose conditions on the abandonment approval, they will be included in Exhibit liD" - Conditions of Approval, prior to Commission approval. xc: Central File \\CH\MAIN\SHRDATA\PLANNING\SHARED\WP\PROJECTS\GRAND PARK\ABAN-UTILITY EASEMENT\STAFFREP.DOC "3 EXHIBIT "A" If --.-.- -- ......-. --. --_._---_...-.--,..._-_._~--_._._-_..~.._- L()(' 1\-r\ON M~D . , ~\V\:~/'4~2f'A\~~~, ~~~~~a\\\~;>'":'<>' __ ; t..\,...j. .~' ~c;; Ib 1;~_~' . ;.\' ~~~~"';--_. . .4--.' ,}. ...."" ..' . 0" k "",," ~,~-.. :.>I'. ,1' ".. ~ . ,.,:.Po"""" _' , . ,~ .... . ., . , ~ , " c5:r'r. ",.~ ' \ ,...'_.... O' / <;:<" ..:._ ~" .~' W'~ \ ~~. \ \ 'I" . ~\f"",,""'i~'J' "~// \ ~. / . .' ...,.;', IS,'~ t ':-': ..'. *_..-C"'~_..- -, ""'I\YJ""'\ l ''', ' ._, \....~:0:R\1t> 1- _' ,. ,'~, \. Po ~ \ -~ ~~ ",':,.-\. ;'. _~3~:::~:"/~ I C" I ,,1\~~:\1;~~~\:'4"'~; ~:;:;:-:--~., -~cr ,- ~~l~..t ~'~:.. i-: .)n. ;-t\~;~~~'\::;Y.'t\n.2: ,,~~.c..- i: u LO:: '. c " ~ ' ~.... 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'./'\ ., c-.r\' "'It' yl_ .= ~ ~_. ~" ~*'~' \ ~C ,. .-.. ~~,.. .'\,..,.-i. \ ~ _n'~ .. ~..----~ ~: \ . ,_ \ .; \{\' , ~'if --..' · - - ' \ Z-- -.. \ ....\' \ ,\ I'...... \ r:r f-J.lI!1 ~~- .~- ~ ~....... /I ~ ",' - D ,--.- ------- -' i"- > / '" v"?'T .; .~~---. ,. - .~':j ~ ,,/> .: 'I. ' ,j .. _ . -' ".. " ,~: r '< --~ . ' .. ":.:c:r.~..,,,.~- 0."1 i~ , '- _ \ . _ >..' l" l\!' ' .. ~ 9.---::;;:;;-rr'-"'\~ _ \ I, \.' . , \~u~J.l~"";-"""'" ,'-p---~ /\ . ~~ T' .-" " . ;:- ~ · \,' __ ._ __ _"""'\~'" -- c.,............... (--~- ~ --\.... '" , ~,,~_- ....., II ,\ ;~ . III>.. "..>C/ .' \/~ '0 ~/8 MILES(/ ~'/ - J:\_.~f'r~""': rl:i'\ ~ .\\ \ \ \ \ \' _' d)' -~'j\': ",dl.~ ~ '0 400.800 f~E.:r ""or. C"/,s\~ C \ ,/\ )\ ".~ \ -' r~MJN;f'I" v -", - ..' - / ....----.--------- EXHIBIT "B" G SKETCH OF DESCRIPTION EXHIBIT n A ,. SHEET 1 OF 1 GOLF ROAD '--S.8r38'24"W. LNORTH LINE TRACT 4 NOTES: THIS IS NOT A SURVEY THE SOUTH LINE OF TRACT 4 IS ASSUMED TO BEAR S.8 r38 '24 "w. TRACT 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 SECTION, 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 PARTlCULARL Y DESCRIDED AS FOLLOWS: THE WEST 10.0 FEET OF THE EAST 364.43 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. 57 .93' 210.5' UTILITY EASEMENT S,8r38'24"W, 523.73' t:::l c:i ~ !.J . 10 t: ~ 10' UTILITY ~ EASEMENT V) SOUTH LINE TRACT 4 LAKE WORTH DRAINAGE DISTRICT LA TERAL CANAL NO. 27 (LAZY LAKE WA TERWA Y) ORDER NO. 84-190 TRACT 3 41.2' ~ !r !.J . 10 t:::lP<) c:i;..., IO~ 10' P<) C\j tri h. ~ ~ V1 ~ )... h. - ~ ;:) ~ a lr) II Gj -J "l: (j V) TRACT 4 364.43' 'It- h. !.J (J . ~ 10 h: ~ ~ ~ C\j -.J tri h. V1 ~ t:::l c:i ~ DA TE: JAN. 5, 1998 O'BRIEN. SUITER &: O'BRIEN. INC CERTIFICA TE OF AUTHORIZA TlON /LB353 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: JOHN N. SUITER 2601 NORTH FEDERAL HIGHWA Y DELRA Y BEACH FLORIDA 33483 (561) 276-4501 (561) 732-3279 EXHIBIT "c" ? CITY of BOYNTON BEACH ~ '" C 'ox J, 0 I ~c N (I"" AYtNUE. IOyrlTO,., I!t.olCI1. 1"1.0"'0'" J;''''' March 4, 1980 Malek & Associates 100 East Linton Sculevard Delray Beach. FL 33444 Subject: Wate~ Distribution MOdification Plan Submitted fo~ Approval - Golfview aarbour 3rd Section Gentlemen~ This letter is to infor:nally advise you that the Utilities Depar;~- ment approves the concept of tying an a" wat:er line on to the 8"' and 16" line on Congress Aven~e, and abandoning the feed eorning from the north off 23rd Avenue through Plat 4 and across Lake Worth Drainage District Canal L-27. This is to make it clear to you that this informal approval is subject to your compliance, presenting a complete package for Tract 2 and 3 and goinS through the normal channels, endin9 with approval of the City Council. Further, my informal approval in no way i~ involved in the decision as to whether there shall or shall not be a bridge over the canal as origi~ally approved several years ago. Informal approval is given to you 50 you may proceed with your entire plans and be assured that the Utilities Department will not ocject to the proposed plans. The entire package should be routed through Mr. Ca~en Annunziato, City ~lanner, who will re- ceive a copy of this letter. Yours very truly, CITY OF BOYNTON BEACH (j a~ perr~~sna Oirector of Utilities " .: PAC/db ec: Messrs. Cheney, Annunziato Central File q EXHIBIT "0" /u EXHIBIT liD" Conditions of Approval Project name: Grand Park ALF at Boynton Beach File number: ABAN 98-002 Reference: Abandonment application submitted January 12, 1998. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined. !bme J:ISHRDATAIPLANNINGISHAREOIWPIPROJECTS\GRAND PARK\ABAN-UTILITY EASEMENT\COND. OF APPROVAL-ABAN,DOC II DEVELO,......'EN., ,RDER OF THE CITY COM 3SIl OF THE CITY OF BOYNTON BEACH, FLORIDA 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 RATIFICATION 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 "B" 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 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 "C" 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:\SHRDATA\Planning\SHARED\WP\Projects\Grand Park\aban\DEV ORDER REV. doc /;< DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. 98-054 TO: Chairman and Members Planning and Development Board THROUGH: Tambri J. Heyden, AICP Planning and Zoning Director FROM: Dan DeCarlo Assistant Planner DATE: February 24, 1998 SUBJECT: Grand Park Abandonment- ABAN 98-002 Utility Easement Abandonment NATURE OF REQUEST Gregory Miklos of Miklos & Associates, agent for Norman J Michael of Milor Corporation, 3475 Woolbright Road, Boynton Beach, Florida is requesting abandonment of a utility easement on property 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. The attached Exhibit "A" shows the location of property. The attached Exhibit "B" contains a survey sketch of the proposed abandonment area and contains a legal description of the portion of the utility easement to be abandoned. BACKGROUND This utility easement was previously dedicated for a water transmission line. It is no longer needed as there is a ten-inch water line in front of the property on the south side of SW 23rd Street which negates the need for this easement. A letter was written in 1980 by the Director of Utilities stating that this easement would no long be required. (see Exhibit "C"). ANALYSIS The applicant's reasons for filing this abandonment and the grounds that support the request are included in the attached Exhibit "D" - Application. The city departments involved in the review of all requests for abandonment and the utility companies notified of the request are identified below. Public notice was given to the property owners that abut the alley and has been advertised in the newspaper. The utility companies and Page 2 Memorandum #97-602 ABAN 97-005 the city departments' responses to the abandonment request are as follows: CITY DEPARTMENTS Engineering No objection 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 (Adelphia) No objection Cable Company (Comcast) No objection The following is a description of the zoning districts and land uses of the properties that surround the subject request. North Woolbright Road right-of-way and farther north is a medical office building, zoned C-1 South Palm Beach Leisureville residential development, zoned R-1AA East Office buildings, zoned C-1 West Palm Beach Leisureville residential development, zoned R-1AA RECOMMENDATION Staff recommends approval of this abandonment request. If the Planning and Page 3 Memorandum #97-602 ABAN 97-005 Development Board and/or City Commission impose conditions on the abandonment approval, they will be included in Exhibit "E" - Conditions of Approval. xc: Central File \\CH\MAIN\SHRDATA\PLANNING\SHARED\WP\PROJECTS\GRAND PARK\ABAN-UTILITY EASEMENT\STAFFREP.DOC EXHIBIT "A" - ,~-" .--- - .----- --"._~----- ~. ,,{ l?d't.~:c{i'B'PJ ~ 1 1p1=W,t:\\",\~\}!>' ::f~';,~\ \\~'X ~*'~>~:. . . ".:P-"''''' OF ~~CJ;: C" ". .. 'f'\ . ij:;I;r\l(,PJI · ~ ~ . '~t' ~ ,,?'.... . :', _.~ ,r-~_~;: <l'1P..~;'-: t'i0~t- :~~~'\ ~3~\:~~Y" . . '. '.:\". ";" .Hy,;:.~rtQ . :":"\.~_'-c-'~",,,-_./ .,,, ~~ . / . , ' , ...:i ~,,'1il' - _' ,.,;c[o<' .... ' \ ~ ~ I . ., ':.' ',' . '." L. '_l}cV.~- _' _Y~"' '?\ '\ \ . F'l"" \ """.~-<' \~, .' . _/. ..~" _ _ . ,'"'" . . . <' ..... .,,4f" .0 \ t .. " ..' .. .. " ,_ ,. .... r1''' ,1.J ' . .1l ,,"J ::;.,~~ ,~;:,_c;,:\'~3-rtc~~" 1 ~' ~ '-'" uC;;>r ~rf\1:r"~",," ,~,...\U ~ TlIl,?i, r' ' t..-l. 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' "''' ,,\ , 'j , .. ,/ ",..,f ...."~..' \, '\. ,c ," \ . . .__ '" ' . ',Iv. R.'P l' l"!>' _.\- ,"Co. ' , / ~-l-r ~~"E'" T. F"~\~' lo.:: ':! ~\ , " , ," " ,. _.~.---~. p....=- .~, ~'" \~ \-r _ ,~~.. L .,1 __:., . ~ \' 11,1 I' ""TI 1 l ''''::S I --- ~..,...." \\" \'\\LUJ{<~\T\ ~ ~ ". ~l\~~\P:<:;::;~~~\\~~~'':'''~~C II '\.,~' '. \ s::. Cr~': \-,,~ ""'I'iJ" .;-....-.... .'. :1~..:--:-5-. ..':< .--' l' " U'~ . "~M-Ul g'-~, .~~~.-~-J;J ,t'"'; f, -r ti1 .' \~ Y 1--.;.... ~",..' [TI'('1:JT-,"""\' ' .' ' ' ~-(~ ~> '?= ~,p.rlB1~jt: .,,",mu1 't-,r,,",?~gfu ~.: '. ~~' ~ ~ ; ~ 1Q,~~~,~~.~,t, -_ _ '.~~', ::~'.~"',' "\ l). :,-_ ~r.<~~ .p..( ..' \ r ~ Ai' .~,. ..>.>....:' ~\ · ~..,..t' . ~ .. \ '- ' -'1 .. -""...-' ~ ....... .~. -1 ....-. ,II .. . >;,,,.-$ ," ~.\t.r6'.,.~t::lP~'i'T'\"'\ <, _ \ ' ". ,t ....~...,~.,-c... ,'I' ,,'n , ,- ~~ , ,1..- Ie -" . , . ..-' .. -c-'':- ' - ~;::J <>-,~.:.-,\ ~"::. \' - ,,-~-~ \~/\\\ \ .' '11 \~ t:\1 \ II' ~\' \~-''--~' '. II I .~/~ ~ ~\'L ~L-/<~ . J .~. 1/8 M\LESV ~ ,,/- -~12f~+-f-=-~ ... \\ \ \ \ \ \. . D' .~'~ '(t\ ~l,,,,~J\'. '0 400.820 fEE} .. ,:" CJd.8 e C/.:,\ \ l ,,\r\ vJ,.A "'- ^J/ N.. r. ve: . \ I\.-- \ ~ · - ,0" -,I LO~AT\ON MAP- GRANO PARK j\ F' IS C I , , ,.-.-------- EXHIBIT "B" _...,_..,-,.._...-.,....__._-~~_.__. ~--~-_._._-- SKETCH OF DESCRIPTION EXHIBIT ,. A n SHEET 1 OF 1 GOLF ROAD S.8r38'24 "w. NORTH LINE TRACT 4 NO TES: THIS IS NOT A SURVEY THE SOUTH LINE OF TRACT 4 IS ASSUMED TO BEAR S.8rJ8'24 "w. TRACT 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 SECTION, 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 PARTlCULARL Y DESCR/DED AS FOLLOWS: THE WEST 10.0 FEET OF THE EAST 364.43 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. 57 .93' 210.5' UTILITY EASEMENT S.8r38 '24 "w. 523.73' c c ~ ~ 10 ~ ~ t\j (fj SOUTH LINE TRACT 4 10' UTILITY EASEMENT LAKE WORTH DRAINAGE DISTRICT LA TERAL CANAL NO, 27 (LAZY LAKE WA TERWA Y) TRACT 3 41.2' ORDER NO, 84-190 ~ !oJ . , 10 at<) c.... IO~ 10' t<) t\j tri f.-. ~ ~ (fj ~ )... t:: :::::! I-: ::) '- ~ '. ..' . '. ~I.''>.. . > :I. ". _....~ '".,--- .... I... ;a .., ~ CJ I.C) II ~ .....J ~ o V) TRACT 4 364.43' 't f.-. !oJ <..> . ~ 10 I-: ~ ~ ~ C\& -..J (fj f.-. (1) ~ 364.43' a C ~ DA TE: JAN. 5, 1998 O'BREN, SUITER de O'BREN. INC CERTlFICA TE OF AUTHORIZA TION ILB.J5.J SURVEYOR AND MAPPER IN RESPbNStBLE CHARGE: JOHN N. SUITER 2501 NORTH FEDERAL HIGHWA Y DELRA r BEACH FLORIDA 33483 (551) 276-4501 (56J) 732-3279 EXHIBIT "c" J-~4-98 01:04 PM MALEK & ASseC. 561 272 0008 P.IO"" CITY of BOYNTON BEACH -,' ~ po 0 eO>l SIO IZO N[ t.." "'VENU~ eonrrop'; eE."CH. FI.OF;IOA J~"" ". ~. M~rch 4, 1980 Malek & Associates 100 East Linton Boulevard Delray Beach, FL 33444 Subject: Water Distribution Modification Plan Submitted for Approval - GOlfview Harbour 3rd Section Gentlemen: This letter is to informally advise you that the utilities Depa~~- ment approves the concept of tying an a" wa't:er line on to the a", and 16'1 line on Congress Avenue, and abandoning the feed eoming from the north off 23rd Avenue through Plat 4 and across LaKe Worth Drainage District Canal L-27. This is to make it clear to you that this infor.ma1 approval is subject to your compliance, presenting a complete package for Tract 2 and 3 and going th~ough the normal channels, endinq with approval of the city Council. Further, my informal approval in no way is involved in the decision as to whether there shall or shall not be a bridge over the canal as originally approved several years ago. Informal approval is given to you sO you may proceed with your entire plans and be assured that the Utilities Department will not object to the proposed plan.. The entire package should be routed through Mr. Car.men Annunziato, City Planner, who will re- ceive a copy of this letter. Yours very truly, CITY OF BOYNTON BEACH <l fl~ perr:;:!l;~sna Director of Utilities , " ': PAC/db ec: Messrs. Cheney, Annun~iato Cent.ral File EXHIBIT "0" APPLICATION ACCEPTANCE DATE: FZE PAID: RECEIVED BY STAFF MEMBER RECEIPT NUMBER: APPLICATION TO ABANDON/VACATE BOYNTON BEACH PLANNING DEPARTMENT APPLICATION INFORMATION FORM NOTE: 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.) PROJECT NAME: GRAND PARK OF BOYNTON BEACH AGENT'S NAME: GREGORY MIKLOS 2263 N. W. BOCA RATON BLVD., SUITE 112 AGENT'S ADDRESS: BOCA RATON, FLORIDA 33431 AGENT'S PHONE: 561/392-6762 561/750-8465 AGENT'S FAX: OWNER'S NAME: ;or Trust~e's) NORMAN J. & ELISHKA E. MICHAEL ',' JWNER'S ADDRESS: 3475 WOOLBRIGHT ROAD BOYNTON BEACH, FLORIDA 33436 JWNER'S PHONE: 561/733-4353 561/733-7875 JWNER'S FAX: ?ROJECT LOCATION: EAST ~ OF SOUTH EAST CORNER OF CONGRESS Dot legal description) AVENUE AND S. E. 23RD AVENUE ::'ORRESPONDENCE .:;'DDRESS : * (if different than agent or owner) · This is the address to which all agendas I letters and other materials will be forwarded. 1 .,' APPLICATION TO ABANDON/VACATE The undersigned, pursuant to Ordinance NO. 76-27 of the City of Boynton Beach, Florida, hereby applies to the City Commission to vacate/abandon, and discontinue the, (check one) : ( ( ~ UTILITY ALLEY STREET SPECIAL PURPOSE EASEMENT OTHER NONFEE INTEREST OF THE CITY as described in attached Exhibit "A", and to renounce and disclaim any right of the City and the public in and to any land in connection therewith. Said application is to be filed with the Planning Department in triplicate and applications involving more than one of the above listed nonfee interests shall be filed separately. Each application 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, including where possible a plat map or drawing showing 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 speoific property interest described above was acquired and is evidenced by, . (check one) : ( DEED ( X DEDICATION ( PRESCRIPTION Reco~ded in....p!\.u~ ~lICH COUNTY FIr Book 30 PublJ.c Records o Palm Beach County, Florida. , Page 119 , and 120 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 prevent no other property owners from access to and from their property and not other property owners in the vicinity will be adversely affected. 4. That the above described property interest is under the control and jurisdiction of the City Commission 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. 5. That the following constitutes a complete and accurate schedule of all owners and occupants bounding and abutting the property interest described above. 2 ~ ADDRESS NONF. NONE 6. That the following grounds and reasons are submitted in support of this application: PREVIOUSLY DEDICATED FOR WATER TRANSMISSION LINE. THIS EASEMENT IS NOT NECESSARY SINCE 10@ WATER LINES EXIST IN FRONT OF THIS PROPERTY ON THE SOUTH SIDE OF S. W. 23RD AVENUE. 1997 EASE SIGN) ., ADDRESS 2263 NW BOCA RATON BLVD #112, BOCA RATON, FL 334: " ,I STATE OF FLORIDA COUNTY OF PALM $EACH .- The above named applicant(s) being first duly sworn by me the day and year above indicated, deposed and stated that ~he ___ are/t~ the applicant(s) in the foregoing Application to Abandon/Vacate; that they have read the same and that the facts therein set forth are true and correct to the best of their knowledge. My Commission Expires: ~f\:X\u( L ~~C(C:k--:4-4 '--N ARY PUBLIC, State' of Florida '3) e bot-&i-~ \..... \.J,.v~K ~ I&--S S:\PLANNINa\SHARED\WP\FORMS\APPS\ABAN\ABA~ON.WPO April, 199' FFICIAl. N TARY S AL DEBORAH L HOTCHKISS NOTARY PUBUC STATE. OF FLORIDA COMMISSION NO. CC423098 MY COMMISSION EXP NOV 27.1998 3 EXHIBIT "E" . "..~w~.'. ~"--,_._..._._._-,_.._---~~._---... ~-~~-.----------'-'-"-'" ..~.- - - - .._~--_.._."-_.._-----~._..,---,-_._------_.__._._....- EXHIBIT "E" Conditions of Approval Project name: Grand Park ALF at Boynton Beach File number: ABAN 98-002 Reference: Abandonment application submitted January 12. 1998. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: 1. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS 3. To be determined. /bme s:\projectslcond of appr\-aban DEVELOPMENT-"')RDER OF THE CITY COMMISSI~ OF THE CIT\ JF BOYNTON BEACH, FLORIDA 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 RATIFICATION BY CITY COMMISSION: 3/3/98 TYPE OF RELIEF SOUGHT: Abandonment LOCATION OF PROPERTY: Southwest corner of S.W. 13th Street and Golf Road DRAWING(S): SEE EXHIBIT "B" 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 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 "e" 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:\SHRDATA\Planning\SHARED\WP\Projects\Grand Park\aban\DEV ORDER REV. doc DE. . ..iLOPMENT DEPARTMENT MEMORANDUM NO. PZ 98-002 FROM: Sue Kruse City Clerk Tambri J. Heyden, AICP 7i4 Planning and Zoning Director TO: DATE: February 3, 1998 RE: Grand Park ALF of Boynton Beach ABAN 98-002 Utility easement abandonment Accompanying this memorandum you will find an application and supporting documentation for the above-referenced case. A check in the amount of $500 to cover the review and processing of the application request to abandon/vacate utility easement has been forwarded to the Finance Department. A legal advertisement for this request will be forwarded to your office after review by the City Attorney and City Manager. The requested abandonment is scheduled for public hearing at the February 24, 1998 Planning and Development Board meeting and the March 3, 1998 City Commission meeting. TJH:bme xc: Central File Attachments J:\SHRDA TAIPLANNINGISHAREDIWPlPROJECTS\GRAND PARKlLEGALNOT,DOC :ICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning and Development Board and City Commission of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, on Tuesday, February 24, 1998 and March 3, 1998, respectively, at 7:00 P.M. to consider a utility easement abandonment application submitted by Gregory Miklos, agent on behalf of Norman J. and Elishka E. Michael, property owners, regarding abandonment of a utility easement on property 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. The location of the utility easement proposed to be abandoned is more specifically described as follows: LEGAL DESCRIPTION: 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 364.43 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. 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 Planning and Development Board or City Commission with respect to any matter considered at these meetings 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 PLANNING AND ZONING DIVISION (561) 375-6260 PUBLISH: The Palm Beach Post February 9, 1998 J:ISHRDATAIPLANNINGISHARED\\I\IP\PROJECTS\GRAND PARKlNOTICE OF PUBLIC HEARING. DOC RL ..(UEST FOR PUBLISHING LEGAL NOTICES AND10R 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 two working days prior to the newspaper's ad submittal deadline. ORIGINATOR: Planning and Zoning PREPARED BY: Jerzy Lewicki DATE PREPARED: February 2. 1998 BRIEF DESCRIPTION OF NOTICE OR AD: Abandonlvacate and discontinue utilitv easement at Grand Park ALF SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) Standard Leaal Ad for Planning and Development Board Meetina on Februarv 24. 1998 at 7:00 p.m. and City Commission meetina of March 3. 1998 at 7:00 p.m. SEND COPIES OF AD TO: Newspaper (216198), applicant and Plannina and Zoning Director. NEWSPAPER(S) TO PUBLISH: The Post DATE(S) TO BE PUBLISHED: Februarv 9.1998 LAST DATE TO FAX TO NEWSPAPER: Februarv 6.1998 APPROVED BY: P0 11 (1) ~J~1/t/U -9 ~ (Originator) (Date) ~kj' (2) (City Attorney) RECEIVED BY CITY CLERK: (Date) COMPLETED: J:\SHRDA T A\PLANNING\SHARED\WP\PROJECTS\GRAND PARK\LEGALNOT.DOC'