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LEGAL APPROVAL . . . DEPARTMENT OF DE"~LOPMENT Division of Planning and Zoning Bulent 1. Kastarlak, NCARB Director Building Planning & Zoning Engineering OCCllplllional Ucense Community Redevelopment June 24, 1998 Mr. Chuck Yanette Parker Yanette Design Group, Inc. 900 South U.S. Highway One, Suite 104 Jupiter, FL 33477 Re: Banyan Cove Apartments File Number: NWSP 98-005 - New Site Plan Location: East Side of U.S. Highway 1, Approximately 100 Feet North of Seaview Circle Dear Mr. Yanette: Enclosed is the City of Boynton Beach development order regarding the City Commission's June 16, 1998 approval of your new site plan request, regarding the above property. Should you have any questions regarding this matter, please feel free to contact this office at (561) 375-6260. Sincerely, 7t..-_~ ~ Michael W. Rumpf Acting Planning and Zoning Director MWR:mae Enclosure xc: Central File (S:\Shrdata\Planning\Shared\Wp\Projects\Banyan Cove\Nwsp\Dev Order 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 DEVF.J .OPNlENT ORDER OF THE CITY COMMISSJON ;ITY OF BOYNTON BEACH, FL m .a I 9118 PROJECT NAME: Banyan Cove Apartments APPLICANT'S AGENT: Chuck Yanette, Parker Yanette Design Group, Inc. RlJANNINGA'N1J . ?lINING OEPl: APPLICANT'S ADDRESS: 900 South U.S, Highway One, Suite 104, Jupiter, ~L33477 DATE OF RATIFICATION CITY COMMISSION: June 16, 1998 TYPE OF RELIEF SOUGHT: New Site Plan , ~ \, j -~.J! LOCATION OF PROPERTY: East side of US Highway 1, approximately 100 feet north of Seaview Circle DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO, X 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 JHAS 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 J GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. 6. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. DATED: (ZJAI'i./~ , /9PIJ ~~~~j~<. City Clerk :0,\\\\\ III" IUI'I/. ":\\'\ TO I'/,f, ~ ~N N t/ ~ ~ l"\~ ~ S <0 ....00 A ....~ ~ ~'t ..,~~ ....7"~... "S'o ~ ::0/8 ~\::t.~ - I, - = >- i- i:: - "'" . t"\.- % ~ \... "\ gZ'v..l i ~ .... .... .. ;::: 1 .........:Q -,; - ~ %///. FLO~\ :o,\\'~ 1/"//1/1111 \\\\\\'\ 7. Other EXHIBIT "C" Conditions of Aooroval Project name: Banyan Cove Apartments File number: NWSP 98-005 Reference: The olans consist of36 sheets identified as 2nd Review. New Site Plan. File # NWSP 98-005 with a Mav 14. 1998 Planning and Zoning Deoartment date stamo marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: 1. Canopy trees may be planted outside of the easement so that roots and X branches will not impact those utilities within the easement in the foreseeable future. LDR Sec. 7.5-18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. Note that some of the oak and mahogany trees shown on the revised plan will have canopies encroaching within utilities easements, and will impact the proposed systems. These must be deleted or relocated. 2. Utilities easements containing gravity sewers may have to be wider than X the 12-foot minimum due to depth of the sewer being installed. A general guideline is that easement width shall be twice the depth, plus 4 feet to allow proper clearance. Please adjust easements accordingly on the final Health Dept. submittals, and the site plan. 3. Fire flow calculations will be required demonstrating the city code X requirement of 1500 g.p.m. as stated in LDR Chap. 6, Art. , Sec. 16, or the requirement imposed by insurance underwriters, whichever IS greater. (See Sec. 26-16(a)). Submit these calculations with your HRS permit submittal. FIRE Comments: 4. All buildings shall be protected throughout by an approved, supervised, X automatic sprinkler system. NFPA 101, 18-3.5.2. 5. A fire alarm system shall be provided in all three (3) story buildings. X NFPA 101, 18-3.4. 6. All turning movements on site shall accommodate a forty-five foot (45') X Page 2 Banyan Cove Apartments File No.: NWSP 98-005 DEP ARTMENTS INCLUDE REJECT radius. SFC 602.1,1. 7. Directionllocation signs for rear apartments of all buildings must be X visible to emergency vehicles in the parking lot. POLICE Comments: 8. Sign package did not give specific reference to the signs being lighted or X not. The Police Department realizes that they will probably be lighted, but there is no conformation. Amend plans to add lighting information. 9. The Police Department realizes that this project has a conceptual X approval from D.O.T, and the Police Department did study the enclosed traffic study, however, the Police Department strongly disagrees with the concept of allowing vehicles to exit the complex and turn left to travel south on South State Road 5. The Police Department feels this will create a dangerous stacking in the safety zone, and severe right-of-way violations. ENGINEERING DIVISION Comments: 10. All plans submitted for specific permits shall meet the city's code X requirements at time of application, These permits include, but are not limited to, the following: site lighting, paving, drainage, curbing, landscaping and irrigation. Permits required from other permitting agencies, such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and any others, shall be included with your permit request. 11. Provide additional stop signs and stop bars on civil plans to the X southwest of building # 13 and at egress lane from parking lot adjacent to pool area. Also, show all these traffic control markings and signage on site plan. [LOR Chapter 4, Section 7.B.2,] 12. Need to show pavement markings around entrance islands. [LDR X Chapter 4, Section 7.B.2.] 13. Show "limits of clear sight" as specified by FOOT Index #546. X 14. Remove the note "Extruded Curb (TYP.)" to the west of building #13 X and replace with D curb per city standards. Page 3 8anyan Cove Apartments File No.: NWSP 98-005 DEPARTMENTS INCLUDE REJECT 15, Change the color of the handicap pavement symbol to white per D.O.T. X Index l7346 and specify the 5 x 5 size. 16. Specify double stripes for all parking stal1s in accordance with City X Standard Drawing 8-90012. 17. On the engineering plans extruded curb shal1 not be used as wheel stops. X All stalls shal1 use either 6' concrete wheel stops, "D" curb or 14 W' curb per Standard Drawing 8-90012. Note: The use of a continuous curb al10ws you to move the curb into the parking stal1 2 feet providing more pervious areas (see 8-90012). 18. Show "D" curb along the north and west sides of the lease office parking X lot to prevent vehicle encroachment, 19. Provide a typical detail for all post mounted signs including handicap X signs shown mounted in concrete per Standard Drawing 8-90012. Note: It is recommended that you incorporate the subject drawing into your engineering detail sheet. 20. Provide a signed copy of the Land Purchase Contract for determining the X recreation fee. 21. In sections "A-A" and "8-8" of engineering plans, show the relationship X of the sidewalk to the wall and rip-rap accordingly and the abutting mangroves. [Chapter 4, Section 4.] 22. Provide cross-sections of the pool and water line and another through the X littoral and lake maintenance easement. [Chapter 4, Section 4,] 23. Provide a "Typical" section through the parking stal1s and drive aisles X including paving specifications. Also, show cross-section and specs through the paver brick area. [Chapter 4, Section 4.] 8UILDING DIVISION Comments: 24. Add to the proposed I st floor plan drawings of the residential buildings X and lease office building the continuation of the accessible route that is shown and labeled on the site plan. Also, add to the submittal an enlarged drawing of the pool area and cabana building. Show on the drawing the continuation of the accessible route that is shown and Page 4 Banyan Cove Apartments File No.: NWSP 98-005 DEP ARTMENTS labeled on the site plan, The accessible route shall be shown to the accessible entrance of the cabana building. Place a note on the drawings next to the labeled symbol indicating that the accessible route is in compliance with the Florida Accessibility Code for Building Construction. [Florida Accessibility Code for Building Construction, Section 4.3, Accessible Route] Note: Following site plan approval the subsequent working drawings that are required to be submitted for permit review shall include identifying the location, width, type of material, curb cuts, slope and surface finish texture for the required accessible route. The permit plans, where applicable, shall also include detail drawings of accessible ramps. The drawings shall depict the location of the ramp(s) including specifying the type of material, surface finish, width, length, slope, size of landing required at the top and bottom of the ramp and where required the appropriate handrails. 25. A minimum building separation of twenty-two (22) feet is identified on the site plan. Therefore to verify compliance with table 600 of the Standard Building Code, add to the site plan the location of the assumed property line. Also identify the dimension from both sides of the assumed property line to the face of the building. The proposed calculations found on the elevation drawings do not reflect compliance with table 600 of the Standard Building Code. Amend the calculations and, where applicable, the building elevations to comply with the regulations of table 600 of the Standard Building Code. 26. At time of permit review add to the site plan drawing the closest distance (setback) from the leading edge of each building to the adjacent,property line. The location of each building shall be identified with no less than two dimensions from one side (long side) of the building and one dimension from the adjacent side. The distance shall comply with the minimum setbacks allowed per the zoning code. [Chapter 4 - Site Plan Review, Section 7.B.1.1 27. On the floor plan drawings correct the inconsistency with regards to balconies versus patios. Some of the calculations list a balcony and the associated floor plan drawing identifies a patio. Amend the designation of the buildings so the designations identified on the architectural drawings match the designations identified on the site plan or change the designations identified on the site plan to match the designations identified on the architectural drawings. [Chap. 4 - Site Plan Review, Section 7.E.2 & 3,] 28. At time of permit review submit for review a plan that identifies the addresses of all buildings. 29. Show on the site plan and floor plan the accessible route leading to the INCLUDE REJECT x x x x x Page 5 Banyan Cove Apartments File No.: NWSP 98-005 DEPARTMENTS INCLUDE REJECT mailroom. [Florida Accessibility Code for Building Construction, Section 4,3, Accessible Routel 30. Add to the elevation view drawings of each building the overall height X from average finish grade adjacent to the walls of the buildings to the highest point ofthe roof. The maximum height of the buildings shall not exceed forty-five (45) feet. rChapter 2 - Zoning, Section 4.F,l' 31. At time of permit review submit a copy of the South Florida Water X Management District permit that verifies the proposed finish floor elevations meet the minimum standards. 32. The submittal included drawings and data that are not required to be X submitted for site plan review but rather required for permit review. Please note that the permit data and drawings were not reviewed at this time and will be reviewed at time of permit review. The permit plans will be reviewed for compliance with the applicable Building Codes, Energy Code, Accessibility Code and other applicable codes and regulations identified in Chapter 20 - Building, Housing and Construction Regulations of Part III of the city's Code of Ordinances. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 33. Provide curbing where pavement is adjacent to any required landscape X strips and vehicular landscape areas. Ch.23 Art.II Par.E 34. Amend the handicapped symbol dimensions located on site plan sheet 2 X of 2. 5'x5' is the required dimensions, as per City of Boynton Beach engineering drawing B-900 12. 35. Provide a signed and sealed survey not older than 6 months, that reflects X a title policy number. ChA Sec.7 Par.A 36. Due to the proximity of environmental sensitive lands, the site plan is X subject to revIew by the Florida Department of Environmental Page 6 Banyan Cove Apartments File No.: NWSP 98-005 DEPARTMENTS INCLUDE REJECT Protection. Confirmation of DEP approval must be submitted prior to issuance of building permits. Any site plan amendments requested by the DEP must be reflected on a revised site plan submitted for review, 37, Provide written confirmation from the Palm Beach County Traffic X Division, that the project conforms to the County's Traffic Performance Standards Ordinance. 38. The plant sizes for planting symbols PX and IV in the plant list, sheet L- X 4 & N on the typical planting plan, sheet L-3, must be amended to reflect the minimum installation size of 18"xI8". Ch.7.5 Art.II Sec.5 Par.C.3 39. Provide labels on the detail sheet AM-4 listing the proposed paint colors X and manufacturers for the trash compactor. Ch.7.5 Art.II Sec.5 PaLC. 40. Provide as tabular data on the architectural plans, a listing of paint colors X' and manufacturers utilized on all structural facades. Ch.4 Sec.7 Par.D 41. Provide prior to the City Commission Hearing, color rendered elevation X graphics of all structures and facades, utilizing the colors which are to be referenced on the architectural plans. Colors and materials should be generally compatible with existing character of residential project (Via Lago). 42. Show the Finished Floor Elevations (FFE) of all structures. X 43. Illuminate the dock and gazebo areas as well as the area north of X building 16 with lighting no taller than 12'. 44. Reduce building # 15 to 2 stories or obtain consent from Via Lago for 3 X stories. 45. Add required landscaping to the end of the parking area between X building 9 and 16. 46. The light pole and electric meter at the north east corner of the property X must be removed or relocated. 47. Provide details for the outfall pipe to ascertain the aesthetics of it. X 48. As per Comprehensive Plan requirements, move all catch basins from X paved areas into lawn areas to provide pretreatment, and provide a water quality baffle detail for the pipe leading from the drainage retention area Page 7 Banyan Cove Apartments File No.: NWSP 98-005 DEPARTMENTS INCLUDE REJECT to the intracoastal waterway. 49. At the northwest comer, south of Benvenuto's Restaurant, continue the X hedge labeled as CI, along the outside of the proposed 4' chain link fence out to the first column, and maintain at 4' overall height. 50. Prior to platting, submit any abandonment applications necessary to X address the previously platted access easements not to be used by the proposed development. 51. Transfer, in the form of a Quit Claim Deed to Via Lago, the land area X used for the wall structure which is encroaching onto the property at the northwest comer of the parcel. 52. Reduce the height of the column and aluminum fence combination to 4' X along the U.S.l right-of-way. To retain the 5' to 5'-3" height, a variance for the additional height must be obtained. 53. Submit a lighting plan meeting the requirements of Ch.9, Sec.lO, Par.F X and Ch.23, Art.II, Par.A. Reflect any changes in light pole heights and locations on all affected plans. 54. Provide a cross section detail of the landscape area south of the southern X parking lot along the property line. Show the proposed fencing and plant materials at a location with the most significant grade change, to insure that the intent of the landscape section of the code has been addressed. The hedge at the fence line must be maintained high enough to block views at a minimum of four feet above the top of curb. This is needed to reduce the visual impacts of vehicles and the proposed buildings. The determined height must be noted as a minimum height to . be maintained on the landscape plans. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 55. Revise comment #5 to read "A fire alarm system shall be provided in all X buildings containing more than three (3) stories, or within all buildings containing eleven (11) or more units." 56. Reword comment #44 to read "Reduce building #15 to two (2) stories or X obtain written consent (to an alternative building design) from Via Lago Homeowners Association." 57. Reword comment #48 to read "As per Comprehensive Plan X requirements, move all catch basins from paved areas into lawn areas to provide pretreatment or show alternative drainage system determined by Page 8 Banyan Cove Apartments File No.: NWSP 98-005 DEPARTMENTS INCLUDE REJECT the Engineering Division to equally or more adequately meet the intent of Comprehensive Plan Policy 1.11. 7." 58. Reword comment #55 to read "Transfer, in the form of a Quit Claim X Deed to Via Lago, the land area used for the wall structure which is encroaching onto the property at the northwest corner of the parcel, or record an easement for same," ADDITIONAL CITY COMMISSION CONDITIONS 59. J:g bll 8etePH'l.ined. ,v;,N~ / Ibme JlSHRDATAIPLANNINGISHAREDlWPIPROJECTS\BANYAN COYEINWSPICOND OF APPR,2ND REVIEW. DOC DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Building Planning & Zoning Engineering Occupational License Community Redevelopment April 6, 1999 Jan C. Hansen, AICP Olen Development Co. 1062 Coral Ridge Drive Coral Springs, FL 33071 Re: Location: File No. Manatee Bay a/k/a Banyan Cove 1632 North Federal Highway Ordinance #99-06 (Abandonment) Dear Mr. Han: In regard to the above-referenced, enclosed please find copy of Ordinance No. 099-06 that was approved and accepted at the City Commission's meeting held on February 2, 1999. Sincerely, --rz-, (~~ ~ Michael W. Rumpf Planning and Zoning Director Enclosure MWR:jma 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 ----~----~------ MEMORANDUM TO: NANCY E. BYRNE ACTING DIRECTOR OF DEVELOPMENT FROM: SUE KRUSE, CITY CLERK DATE: MARCH 31,1999 RE: ORDINANCE #099-06 Attached please find a copy of the above mentioned ordinance which was recorded in Palm Beach County on March 19, 1999. C: Planning Abandonment Index File Subject File Originals in book j:\shrdata\cc\wp\memos\nancy byrne.doc "ar-19-1999 61:12p. 99-111586 ""-':fB :1. 0996 Pg 428 I ~ .11.IIII1III1I1IIIHIIIIIIIIIIIII. ORDINANCE NO. c~r-c:/~ AN ORDINANCE OF THE cm COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A SPECIAL PURPOSE AND A UTILTIY EASEMENT, (LOCATED AT 1632 NORTH FEDERAL HIGHWAY); SAID PROPERlY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND cm CLERK TO EXECUTE A DISCLAIMER FOR SAID ABANDONMENT; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA; P:10VIDING FOR CON FUCTS, SEVERABILTIY AND AN EFFECTIVE DATE. WHEREAS, the applicant, Jan C Hansen, AICP, agent for Olen Residential Realty Company, property owner, has requested abandonment of a special purpose and a utility easement, located at 1632 North Federal Highway; and WHEREAS, comments have been solicited from the appropriate City .' Departments; and : i WHEREAS, public hearings have been held before the City1s Planning and .. Zoning Board and the City Commission on the proposed abandonment; and WHEREAS, based on the foregoing information, the said easements no . longer serve any useful purpose. . ! . NOW, THEREFORE, BE IT ORDAINED BY THE CITY C~MMISSION . OF THE CITY OF BOYNTON REJ.r.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 special purpose easement and a utility easement, located at 1632 North Federal Highway, and more particularly described in Exhibit "A", subject to Conditions included in .' Exhibit "B" - Conditions of Approval, attached hereto and made a part hereof. Section 2. The Mayor and City Clerk are hereby authorized and directed I I to execute and deliver the attached Disclaimer and cause the same to be filed in . I :: the Public Records of Palm Beach County, Florida. i! I '! I! i! , -.--.-- .~-_._---~---~._~~._-------'------_. fl-RB 10996 Pg 429 Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 5. This ordinance shall become effective immediately upon passage. FIRST READING U'/;s ~ day of ,C::-aR.UAfI<l./ SECOND, FINAL READING AND PASSAGE h-tEJI<LU9I?Y, 1999. 1999. this /~ day of Crrv: OF BOYN!O!!-6~~, FLORIDA p2!~.LI? ,.,- Mayor , i,~~.'J '--":-J. ,.,.- L, - / :;;t:~ Mayor Pro Tern , , ! , Co missio~ \-u.ULt. ~~/''ltt~\.tt1''. , , , . , , Commissioner AlTEST: :: \hA",. (/~.. , i ~~~/~f)~~ : ; City Clerk : ! \\\'IIII!!/If'!I/11 : : s:~\'O_,\d\Abafl~~ Bay : : ~ ,\. . . '. " '8;. ,~ c ,... '. ~ ~ ~. '.- " ~ '.I ...._ ~ :: u.. ,'<' ~ 3 0 ;~ = - ~"?" . - :~ .~. . ~ '~':, ~ 'l .. "" ; ''ll : ,_ ' ..;:'::-' II/I' \\\. 1/11/1111\\\\\\\ RECORDER'S MEMO: Legibility of documt.ii~ unsatisfactory when mceived. -ORB :L 0996 Pg 430 EXHiBIT "A" · Utility Easement The West five feet of lot 32, and the West 5 feet of lot 53" and the East 5 feet of lot 33, and the Ea! five feet of lot 52, together with 10 foot area of undedicated roadway lying five feet on either side 0 the Southerly extension of the East fine of lot 33, as recorded in the OfftciaJ Record Book 1415, Pagt 102, Public Records of Palm Beach County, Florida, allocated in Lake Village, a subdivision of thE City of Boynton Seach, Florida, according to the plot thereof on file in the Office of the Clerk of thE Circuit Court in and for Palm BeacttCounty, Florida recorded in Plat Book 21. Page 18, public record~ of Palm Beach County, Florida. . ..... - - -.. -- ---- - · Seecial Purpose Easement A portion of a parcet of land lying along the South line of lot 18, SAM BROWN JR.'S SUBDIVISION, a subdivision of the City of Boynton Beach, Florid::, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Frorida, reccrded in Plat Book 1, Page 81, Public Records of Palm Beach County, Florida, being more particularty described as follows: Commencing at the northwest cemer of Lot 11, LAKE VILLAGE. according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, recorded in PlalBook 21 , Page 18; thence North 89059'45" East, along North line of said plat, a dJstance of 49.16 feet to the POINT OF BEGINNING of said portion; thence departing said North line North 07036'49- East, a distan~ of 10.09 feet; thence North SSOS9'45" East. a distance of 394.55 feet: thence North 00000'15" West, a distance of 20.00 feet, thence North S9059'45" East, a distance of 30.00 feet; thence South 00000'15- East, a distance of 20.00 feet: Ulence North S9059'45" East, to a point on the mean high water line of Lake Worth, a distance of 189.65 feet: thence South 13018'59- West, along said mean high water line, a distance of 10.28 feet to a point on the North line of said plat of LAKE VILLAGE; thence South 89059'45- West along said North plat tine, a distance of 613.17 feet to the POINT OF BEGINNING. -,._--_._--_....~- .,->---------- ~.. _._._---------,--._....,--~-_._-- ......;' " .... - ORB 10996 Pg 431 DISCLAIMER KNOW ALL MEN BY THESE 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 certain special purpose easement and a utility easement, more particularly described herein as Exhibit "A". 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 i City this ~ day of February, 1999. '...... )ss: ) BEFORE ME, 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. _ ORB 10996 Pg 432 WITNESS my hand and official seal in the said State and County this .' ;,I" "/ day of February, 1999. My Commission Expires: I I I '- ;'), <.. b,<. (. .' )'l jtc t.. .L....{(,--- NOTARY PUBUC, State of Florida ~'{ Pll~ Barbara M. Madden a':&~commiSSiOI1 :# CC 760467 ~ ~ Expires JulV 19, 2002 ~ ~ SONDED iHRU ~ OF ~ ATLA.NTlC BONDING CO.. INC. -~B 101996 Pg 433 EXHiBIT "A" . Utility Easement The West five feet of lot 32, and the West 5 feet of lot 53, and the East 5 feet of lot 33. and the East five feet of lot 52, together with 10 foot area of undedicat8ct roadway lying five feet on either side of the Southerly extension of the East Une of lot 33, as recorded in the Official Record Book 1415, Page 102, Public Records of Palm Beach County, Rorida, allocated in Lake Village, a subdivision of the City of Boynton Beach. Rorida, according to the piot thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach..Gounty, Florida recorded in Plat Book 21, Page 18, pUblic records of Palm Beach County, Rorida. .... - ...--.-- -...----- -- . .... . . Soecial Puroose Easement A portion of a parcel of land lying along the South line of lot 18, SAM BROWN JR:S SUBDIVISION, a subdivision of the City of Boynton Beach, Florida, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Rorida, recorded in Plat Book 1, Page 81, Public Records of Palm Beach County, Florida, being more particuiarfy described as follows: Commencing at the northwest cemer of Lot 11, LAKE VILU\GE. according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for patm Beach County, recorded in Plat Soak 21 , Page 18; thence North 89059'45. East, along No~ line of said plat, a distance of 49. 16 feet to the POINT OF BEGINNING of said portion; thence departing said North line North 0~36'49. East, a distance of 10.09 feet; thence North 89059'45" East. a distance of 394.55 feet thence North 00000'15" West, a distance of 20.00 feet, thence North 89059'45" East. a cfistance of 30.00 feet; thence South 00000'15" East, a distance of 20.00 feet; thence North 89059'45' East, to a point on the mean high water line of Lake Worth, a distance of 189.65 feet; thence South 13018'59. West, along' said mean high water line, a distance of 10.28 feet to a point on the North line of said plat of LAKE VILLAGE; thence South 89059'45" West along said North plat line, a distance of 613.17 feet to the POINT OF BEGINNING. ~ City of 'Boynton ~eacfi ORB 18996 Pg 436 u~ROTHY H. WILKEN, CLERK PB COUNTY, Fl ~ !~. ~ (~~6 ~ 100 'E. tJJuynton tJJeadi tJJoukvarri p.o. tJJ~310 tJJoymon tJJeadi, :JforiJfa 33425-0310 City lIaII: (561) 2"7r cnnn 742.6060 :JjU': (561) JTJ-8050 742.6090 CERTIFICATION I, JANET PRAINITO, DEPUTY CITY CLERK of the City of Boynton Beach, Florida, do hereby certify, that the attached Ordinance #099-06 consisting of three (3) pages, is a true and correct copy as it appears in the records of the City of Boynton Beach, Florida. Also attached is the original disclaimer consisting of three (3) pages and a map consisting of two (2) pages WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, this 26tb day of February, 1999. tuJ: Yrt. P~x:t, ET PRAINITO PUTY CITY CLERK February 26, 1999 ~\\\ "" 1111111111. ..~\'1 aOY"''''" 1"'''''' ~.... ~.... '"f '0 ~ ~O ~~ ;::: ~ hoP.PO~~ _ ~ == ~ ~..,~ ~ ~ ~ 0 (SEAL) t; ~ i ~ 10" ::t ;: ~ ... \. " ') ,,- ~ . .:;~'" "......~ '.. .~. ........ .If:' '. , ~ . '/1' - 0 R \ 0 P. ~ 11// \\\'i. /1///111111\\\\\ \\ch\main\shrdata\cc\wp\general info\c ertificationjanet.doc ~meri&a's (jauway to tIU (jut/stream ORB 10996 Pg 434 r I LOT 25 LOT 26 PLAT OF LAKE! VILLAGE PLAT BOOK ,21, PAGE 18 , I 5' 5 LOT 33 LOT 32 30 15 o I 30 I GRAPHIC SCALE IN FEET SCALE: 1"= 30' LOT 52 ,N 10' UTILITY EASEMENT " //PER a.R.B. 1415, PG. I / s' 5 / , I / I LOT 53 / - I / I , , I , (, 102 ~ UNDEDICATED '> RO.AOW AY / SOUTH LINE PLAT OF' LAI<E VILLAGE PLAT BOOK 21, PAGE 18 LEGAL DESCRIPTION: The West 5 feet of Lot 32. and. the West 5 feet of Lot 53. and ,the East 5 fee~ of Lot 33, and the East 5 f~et of Lot 52, to~ether with 10 foot area of undedicated roadway lying five feet on either side of the Southerly exte,1sion of the East line of Lot 33, as recorded in Official Record Book 1415. Page 102, Public Records of Palm Beach C.?unty. Florida, all located in LAKE VILLAGE. a subdivision of the City of Boynton Beach, Florida, according to the plat the -eof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County. Florida recorded in Plat Book 21, Page 18. public records of Palm Beach County, Florida. () 8 - ((J - YS- - Z.l - 0 y - 000 - 0 iq I ABBREV1A TlONS: P,O.B. . POINT OF BEGINNING P,O.C.. POINT OF COMMENCEMENT O.R.B. . OFFICIAL RECORD BOOK SURVEYOR'S NOTES: 1. THIS DRAWING IS NOT A SURVEY. 2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 3 THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE TH RECET'lE 5S~~~~TgO~~G~c~EJpC~~TI~~C~H6T~~~~ DESCRIPTION IS NOT V ~I AUG 5 1998 4. THIS l.EGAL DESCRIPTION IS NOT V ~ID WITHOUT THE SIGNATURE AN B\:fE: ORIGINAL R,6JS~q ._sg~ OF A FLORIDA LICENSED SURVEYOR ,AND MAPP EMPLOYED B~G L,AND SURVEYING. INC, I 5. D..\TE OF ,~- .- / -." . ION: ,1111 y ?~, 199R L1D~ / DECSRIPTION 8< SKETCH PREP ARED FOR: OLEN RESIDENTIAL REALTY CORPORATION DAVID c. L.iD~ - PROF ESSIONA(- S-URVEYOR AND MAPPER FLOF~IDA C€RTIFIC ,ATE NO. 3613 / ~ LIDBERG. u~NO ~ SURVEYING INC, LB4431 675 West Indiantown Road. SUITE 200. Jupiter. Plorida 33458 TEL. 561 746 8454 PLD. JOB PB. PC. 98-D40( 303) OPP. DATE owe. L.J.C. 01/29/98 A98-D40 CKD. REF. SHEET OF D.CL A98-D40Afms) I l,lEm HIGH WATER LINE or LAKE WORTH PER DEED z (~ 60 I 30 I o I 60 I GRAPHIC SCALE IN FEET SCALE: 1" = 60' SOOO 00'15" E 20.00' N89059'45"E 30.00' NOOo 00'15"W 20.00' ~ co CI) ~ ~Z~ 1-:)0< co __0-. ~Z~--i ~> ~o-~ 00::00 ~o:lo:lo ::Jo:l ~CI) < ~ rJ) < ~ 0-. SOUTH 10' SAM BROWN JR.S' SUBDIVISION ~8-vJ - vr-/j-o'3 - OOb - olP I I I -~B 10996 I='g 435 S13018'59"W - 10.28' l{) CD LOT 3 (j,) CO ....-I --- -- ~ - - lO ~ LOT 4 - O':l lO 0 O':l ~ --. en -- Z ..l "" > llJ ~ ...J 'i LOT 5 ...J --- -- - r-- LOT 6 ~ . (f') CO ~ CD ~ --- -- ~ ~d d< LOT 7 <0-. ~- ~ ~....-I - _C\2 - - lD > lD ~-- . ~ ~J --. - lZ~.O m ~ LO ~O (j,) 0 <CCl cY? m LOT 8 ~ CO E-t CI) < ~ ~ : --- 0-. lD -. ~ - 'm lD LOT 9 0 m en :z; --- -. LOT 10 r"" -- --. N070 36'49"E . 10.09' ~I LIOBERG LAND ~ SURVEYING INC. LB4431 675 West lndiontown Rood. SUITE 200. Jupiter. Florida 33458 TEL. 561 746 8454 ABBREVIA TlONS: P.O.B. . POINT OF BEGINNING P.O.C.. POINT OF COMMENCEMENT O.R.B. . OFFICIAL RECORD BOOK FLO. JOB 98-D4()(30JJ DATE 01/29/98 REF. A98-04OCfms) FB. PG. OFF. L.J.C. CKD. D.C J...