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LEGAL APPROVAL DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Bulent I. Kastarlak, NCARB Director Building Planning & Zoning Engineering Occupational License Community Redevelopment July 24, 1998 Jean Philippe Gaudree 1730 North Federal Highway Boynton Beach, Florida 33435 Re: File Number: Location: Benvenuto's Restaurant special purpose easement ABAN 98-003 1730 North Federal Highway Dear Mr. Gaudree: Enclosed is the City of Boynton Beach Resolution No. R98-89 regarding the May 5, 1998, Commission approval of your request for 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 t ~w.Q C~~ /J-.- fY\\L\..~ '-" ~pg Michael W. Rumpf Acting Director of Planning and Zoning MWR:bme Enclosure xc: Central File S:\Shrdata\Planning\Shared\Wp\Projects\Benvenuto\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 MEMORANDUM 00 rn @ ~ u::rn; ~il -- I !!J I PlAmm.iG AND ZONING JEPr TO: BULENT KASTARLAK, DIRECTOR OF DEVELOPMENT FROM: SUE KRUSE, CITY CLERK DATE: JULY 21,1998 RE: RESOLUTION #R98-89 Attached please find a copy of the above mentioned resolution which was recorded in Palm Beach County on June 18, 1998, ~ ~-"<2~ C: Planning Engineering mas j: \shrdata\cc\wp\memos\kastarlak,doc Jun-l8-1998 01:40p. 98-231454 aRB 112'470 Pg 145 I r III U . U 111111111111111111111111111111 1111 RESOLUTION NO. R98-8? "~ RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A TEN FOOT (10') SPECIAL PURPOSE EASEMENT LOCATED AT 1730 NORTH FEDERAL HIGHWAY; 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 :\N EFFeCTiVE DATE. WHEREAS, Jean-Philippe Gaudree, agend for Ronnard, Inc" and Marc Perron, owners, has requested the abandonment of a Ten Foot (10') wide Special purpose easement located at 1730 North Federal Highway; and WHEREAS, comments have been solicited from the appropriate City Department's, 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 special purpose easement to be abandoned no longer serves any useful purpose, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1, The City Commission of the City of Boynton Beach, Flcrida by and through its City Commission, do~~ hereby ~ba!1don a Ten Foot Wide (10') special purpose easement located at ;730 North Fedeial Highway as depicted on the attached Exhibit "A", located in the City of Boynton Beach, Florida. < I. -_._-_..._----_..__._._._~------- LCCAT\ON MAt:0 Pg ~4a BENVENUTO'S RESTAURANT __\., \ I \, ~ :\ -;'", ~..c~ !f-\' ~- : ~ jt ,., c:\-\. _:. _\.::- I I ,,~. ~.:;l'.'III'''' '- I ri;. ~ r./- I \~ 1 "L - n" --:.-; ......~--.. r.-' 'j ~., '~'-. .. _. t; J _ ~ ,- \: .. ::tb ~~. 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'tr....-.. . ~ - PI n .'T'/ir. .\,T I ~ c> F'e' . ) l: oJ .. .- 411 ~ ~ Z .- c:. . .. 0 .- v ~ ... .. ~ .. .. t - c ;t 0 \ (I: 0 'J , \ y-lL -L ~ ~ . -- i .,.1rf'"''' r .-:\., ~1f'J'-' \"_ ~"7, 1/8 \ \ MiLES .~-------------- ORB 10470 Pg 146 : ~ , ~ ~ i 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 ~ day of May, 1998, C-...<l_ L~ , '- " 5 ayor Pro Tem ~~~ ~mmiSSion~r IAlUu 0(11/1 !Lit t\.. Commissioner ATTEST: *--"~~'.G'<:.../ Ci Clerk s:ca\R~v.Mffl~nment\Benevenuto Spedal Purpose Aband. ':\\\\ 11111. ~"" ~ ~i ON 13 :I/~ ~ 0 ............ ~.., ~ S ~ ,':QoRA 7'~a" C'I ~ ~ 4. .~.. ~ .., 'j:. ~ ~~~: i ~ ~ '=- (l,Cj ~ ~ \) \9.~ _ ~ ~ ... ^' ~ ~ fi\'V ~ ~*'/, FLO ~\\~ IflllIllUIl\\\\\\'\ ---_..~.._-----------'~ ORB 10470 Pg 147 EXHIBIT "A" A 10 foot strip of land whose center line is commencing at a point on the North property line of Lot 16 at a distance of 160.90 feet east of the U.S. Highway No.1 east right-of-way line. Said point also being 481.59 feet west of the southerly extended center line of Palm Way, originally a publicly dedicated roadway established on the plat of W.S. SHEPARD'S SUBDIVISION of Lots 13-14-15 of SAM BROWN JR's. SUBDIVISION, Book 8, Page 8 relocated to present location as described in Deed Record Book 875, Page 535, Said Plat and Deed thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, Said 10 foot strip of land extends in a southerly direction a distance of 525.76 feet to a point on the south property line of Lot 18 d distance of 230,90 feet east of U.S. Highway No. 1 east right-of-way line. s:a\Resol,Abandonment\llenYenuID Easement Grvoa P.,. ~ e_ 'l 1 0470 Pg 1. 4 <3 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 Ten Foot (10') Wide special purpose easement, located at 1730 North Federal Highway, and more particularly described in Exhibit "A" attached hereto, IN WITNESS \VHEREOF, 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 day of May, 1998. ATIEST: CITY OF BOYNTON BEA~H, FLORIDA ~ :\\\\\\\\"""",,/. ~\'i. 'iNTO1\' "/~ r, Mayor # ~O"'."6R.4';:.. ~~~ ::: l( ,@ '~~J'" ~ ~ 0 IcY. ~ ('I ~ = > ::2 ~ = - :- - =.... = - - \ "10 - ~<J... "\9&00 ~ ~ ..... ..... ~ ~ .......... ^,... ~ ~ FLOa\V ~ "'III. p :\\~ i'1111/"" \1\\\\\\'\ ~~ , Su nne Kruse, City Clerk 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 wh~ 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 -,_._-_.~----- ~---_...._,-----".- (Ulq 10470 Pg 150 said corporation. WITNESS my hand and official seal in the said State and County this II .. day of May, 1998. - '1ta.v TARY PUBUC, State of Florida y Commission Expires: "'~~f~:'f~~:..,, JANET M. PRAJNITO If:~":' ^ ':f:~ MY COt.lMISSlmlHC:JSS147 I t1 !-:.;.~~-,..~J ~F1~~5: "f;~tJ'!t', 1~~ t ti-, '..\,:;::~~:~: ~or.~::,::ru !:~~:;~'~~;<1~'~~ . \ O@.B 10470 Pg 1.51 EXHIBIT "A" A 10 foot strip of land whose center line is commencing at a point on the North property line of Lot 16 at a distance of 160,90 feet east of the U,S. Highway No, 1 east right-of-way line, Said paint also being 481.59 feet west of the southerly extended center line of Palm Way, originally a publicly dedicated roadway established on the plat of W.S. SHEPARD'S SUBDIVISION of Lots 13-14-15 of SAM BROWN JR's, SUBDIVISION, Book 8, Page 8 relocated to present location as described in Deed Record Book 875, Page 535. Said Plat and Deed thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, Said 10 foot strip of land extends in a southerly direction a distance of 525.76 feet to a point on the south property line of Lot 18 a distance af 230.90 feet east of U,S, Highway No, 1 east right-of-way line, ' s:ca\ResolAbandonment\Benvenu[O Easement Grand Pa'" Utilily EumenI q]U City of ~oynton tJ3eacn 100 'E, Jfoynton ~uzdi ~oukvartf V ~O, ~~310 'lJoyn!on 'lJeadi, :rforilfa33425-G310 City Hail: (561) 375-6000 :rJU': (561) 375-6090 ,It 10470 Pg 152 DOROTHY H. WILKEN, CLERK PB COUNTY. FL CERTIFICATION I, JANET PRAINITO, DEPUTY CITY CLERK of the City of Boynton Beach, Fiorida, do h~feb)' certify, that attached Resolntion ifR98-89 consisting of two pages ~nd Exhibit "A" consisting 2 pages plus the original disclaimer consisting of two pages and Exhibit "A" consisting of 1 page are true and correct copies as they appear in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, this 28th day of May, 1998. J ET PRAINITO, DEPUTY CITY CLERK ay 28, 1998 \\ch\main\shrdata\cc\wp\general info\c e r t i fie at i 0 n.doc j{11Uriuz's (jateway to tfU (julfstrtam. (! e. ~ -...P e.v. ~ ~/AJ~NN/ DEVELOP", AT ORDER OF THE CITY COMMr 'ION OF THE eJd4P&<!.EN"S CITY OF BOYNTON BEACH, FLORluA PROJECT NAME: Benvenuto Restaurant APPLICANT/AGENT: Jean Philippe Gaudree APPLICANT'S ADDRESS: 2936 N,W. 24th Terrace, Boca Raton, FL 33431 DATE OF CITY COMMISSION PUBLIC HEARING: 5/5/98 fA !ID~!A(Lm n w m~- Ji,/l! 79 . i II f i AJAY I 2 ." 'c' ,'v/ 1998 i i~,_","~_..__,,~ J .....,I i";:I'.~J:l'~~ ~._. '~-~~~~~_~~J.,~.~::~:~~JiJ ~:) f-' '~v~ TYPE OF RELIEF SOUGHT: Special purpose easement abandonment LOCATION OF PROPERTY: 1730 N. Federal Highway DRAW/NG(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 X THIS MA TIER 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 .lL- 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 .lL- 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: /IIA~ S, /99'B City Clerk J:\SHROA TA\Planning\SHAREO\VVP\projects\Benvenuto Restaurant\\DEVELOPMENT ORDER REV,doc J~ EXHIBIT "0" Conditions of Approval Project name: Benvenuto Restaurant File number: ABAN 98-003 (utility easement) Reference: Abandonment application dated April 1. 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 Comml::nts: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. None X ADDITIONAL CITY COMMISSION CONDITIONS 2, Te Be determined, ~~Ifi' v' /bme s:\projectslcond of appr\ '-:b~0vE-0 010 MEMORANDUM TO: BULENT KAST ARLAK, DIRECTOR OF DEVELOPMENT FROM: JANET PRAINITO, DEPUTY CITY CLERK DATE: DECEMBER 21, 1998 RE: UTILITY EASEMENT - ALBERT A ASSOCIATES, L TD, Attached please find a copy of the above mentioned utility easement which was recorded in Palm Beach County on December 9, 1998, r:---'~ .. rD).~ ~- ~:_"~.._"-, - lJl) l DEe:22 PlANN~t:G ;,ND ZONiNG DEPT. "~'i I I c: Planning Engineering I Ttilitif?'~ r original to CF---:::' ~ mas j: \shrdata\cc\wp\memos\kastarlak.doc (,-"--'-1 -, 1-<'- '1. lo'o. 'L' f'-- ~M---(, ~ I.......- j' I. : /,(\:-__i:0X .~J~ 34,;tS 1-' ~:=> ~ ' ~\ . Prepared by and Return to: (enclosed self-addressed stamped envelope) Dec-09-1998 10:S"a. 98-478100 ORB 1 0 7"3"3 Pq 10 fa 1 Con lB.Be Doc B.70 l.muumn.~'I*.uUmng.UI~ James M. Hankins, Esq. Hodgson, Russ, Andrews, Woods & Goodyear 2000 Glades Road, Suite 400 Boca Raton, Florida 33431 EASEMENT THIS INDENTURE made this !.J..... day of November, 1998, by Alberta Associates, Ltd" a Florida limited partnership, having its principal place of business at 1750 North Federal Highway, Boynton Beach, Florida, First Party, to The City of Boynton Beach, a political subdivision of the State of Florida, Second Party: (Wherever used herein, the terms "First Party" and "Second partyll shall include singular and plural, heirs, legal representatives and assigns of individual and the successors and assigns of corporation, wherever the context so admits or requires,) WIT N E SSE T H WHEREAS, the First Party is the owner of property situate in Palm Beach County, Florida, and described as follows: All that property as more particularly described in Richard L, Shephard and Associates, Inc, Land Surveyors legal description of a "Proposed 12 Foot Water Main Easement" dated November 12, 1998, attached hereto as Exhibit 11 All and hereby incorporated by reference, and, WHEREAS, the Second Party desires an easement for water and sewer utilities and/or other appropriate purposes incidental thereto, on, over and across said property, and, WHEREAS, the First Party is willing to grant such an easement. NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running and Ten and 00/100 Dollars ($10.00) and other good and valuable considerations, the First Party does hereby grant unto the Second Party, its successors and assigns, full and free right and authority to construct, maintain, repair, install and rebuild facilities for above-stated purposes - --------.------ ~-_.__._..,---'"_._--~-_._---------- ORB 10799 Pg 1002 -) and does hereby grant a perpetual easement on, over and across the above-described property for said purposes, IN WITNESS WHEREOF, the Seller has caused this Easement to be duly executed by its general partner this \ut-'t1 day of November, 1998, Signed, sealed and delivered in our presence: ALBERTA ASSOCIATES, LTD" a Florida limited partnership By: CALGARY, INC" a Florida corporati~, ~it~ G.en~ral Partner / f".. :_.' ,/. -,,' . /4.. /;=v- ~ STATE OF FLORIDA SS: COUNTY OF PALM BEACH I HEREBY CERTIFY that on this Ia- day of November, 1998, before me, an officer duly qualified to take acknowledgments, personally appeared Jean-Philippe Gaudree, as President of Calgary, Inc., a Florida corporation, General Partner of Alberta Associates, Ltd., a Florida limited partnership, to me known and known to me to be the same person described in and who executed the foregoing instrument (or if not personally known to me produced as identification), and duly acknowledged execution of such instrument on behalf of sai~ lartnership. ~ILl))~ ~ ~~ Notary Public-- State of Florida --J) e-Ai'AIt H- L CI9t11;71f t; LL- Printed Name of Notary My Commission Expires: Commission Number: :.i'ii-~:';~,;., DEBORAH L. CAMPBELL ~':' ,,:.; MY COMMISSION' CC 660103 ;.~",~"o;" EXPIRES: October 28. 2001 ":.t:;ir::\~~;:'" Bonded Thru Notary Public UndelWlitelll 111023 JOS('ph M TuCker, P l S LJr:B 1. 0799 Pg 1. 003 SURVEYORS BOUNOARY SURVEYS MORTGAGE SURVEYS CONSTRUCTION lAYOUT 310 SOUTH FEDERAL HIGHWAY. P,O. BOX 759, BOYNTON BEACH, FLORIDA 330425 BOYNTON BEACH Phone (561) 737-65046 . Fax (5611 7~,7S.6 LEGAL DESCRIPTION PROPOSED 12 FOOT WATER MAIN EASEMENTS An easement for water main purposes lying in that portion of Lots 17 and 18 SAM BROWN JR.'S HYPOLUXO SUBDIVISION, as recorded in Plat Book J, Page 81, Public ~cords of Palm Beach County, Florida, The centerline of the 12 foot wide easements, 6 feet I~irig on each side of the following described centerline: ~ ~ .-' ..-! Commencing at the northwest comer of Lot 16 of said plat; thence N 9(J> OO'OO"E, alorlg- the North line of said Lot 16, a distance of94.83 feet to a point on the easterly right-of way line of u.S. Highway Number I ( State Road No, 5) as shown on the Road Plat Book 3, Page 13 of the Public Records of Palm Beach County, Florida; thence S 07~5'37"W along the easterly right-of way line of said U.S. Highway NO I, a distance of1("r-.50 feet to the Point "AI,; Thence continue S0'?35'37"W along said right-of-way line, a distance of246,OO feet to Point ""B"". Beginning at said Point "An; thence S8Z'24'23 liE along the centerline of said 12 foot water main easement, a distance of 14 feet to the terminus of said easement. Beginning at said Point "B"; thence S Sf39'38"E along the centerline of said 12 foot Water Main Easement, a distance of75,OO feet; Thence S 76OJ8'OS"E, a distance 006,00 feet to the terminus of said easement. The side lines of said 12 foot easements to be extended or shortene~ to meet at angle points and at right angles at the terminus of easements: CERTIFICA nON ' I HEREBY CERTIFY THAT THE DESCRlPTION AND ATTACHED SKETCH OF DESCRU'T]()N WERE PREPARED IN ACCORDANCE Willi TIlE SURVEYING STANDARDS, CHAPTER 61Gl76, FLORIDA ADMINlSTRA TION CODE, Sh1' FOURTII BY TIlE Fl.ORIDA HOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO SECTION 472.027, FI .0RlDA ST A nm:.'), AND IS TRim AND CORRECT TO TIlE BEST OF MY KNOWLEDGE AND DEUEF, UNLESS IT BEARS 11 IE SIGNA lURE AND rl m ORI(lJNAI. RAISED SEAL OF A FLORlD.A LICENSED SURVEYOR AND MAPPER, TIllS DRAWING, SKETCII.I'I.AT OR MAP IS FOR INFORMA rIOItVURI'OSES ONLY AND IS NOT V ALII>. " By,aL//fi:L? CHARLES H, PALOMBA DATE ///'i?~~ REGISTEREO LAND SURVEYOR NO,5016 STATE OF FlORIOA NOTE; nns IS NOT A SKETCH OF SURVEy, BUT ONt Y A GRAPHIC DEPICTION OF TIm DF..5CRlPTION SHOWN HEREON, TIIERE IlAS BEEN NO FiElD WORK VIEWING OF THE soomer PROPERTY. OR MONUMENTS SET IN CONNECTION Wlnl TIlE PREPARATION OF 1'1 ns lNfORMA TION SHOWN HEREON. she~llo('Z LB 2102 Joe Tucker NOTE; LANDS SHOWN HERf.ON WERE NOT ABSTRACTED rOR RIGHTS OF WAYS EASEMENTS OF RESERVATlONS OF RECORD 310 SOUTH FEDERAl. HIGHWAY p.o, BOX 759 BO'r'NTON BEACH. flORIDA 330US Phone: Boca (561)391~ Boynton (561) 737.6543 FAX (561) 734-7548 EXHIBIT "All CONSISTING OF TWO PAGES (PAGE ONE) .. ----~~_._"_._--_._--- P~/N/ ~r-C!t?HHeNCEMGNr - H- A/t:?R7IA/G'sT . 94 g3" A /./ ~ CORNeR 01= /V'9C~c:7'c?o"E L.. ~I k ~ c.or /& ~ ,..-- --.. o y1 , ~~y0 /VCR,"';;' C-INE t71=~-- / ~ &~ Lc7;....,/(;:? L.- "- VJ v) tr) ~~ ~ ~ tOT (&, ~)E . .------ Ce/vTeR~/NE /2' r'Rt?r>osC:o ~ ~~(j' ~. ('(..%lTG'R /V14/N e',4SG"McNT ~ I ___ -tzt:-.QCJ"I- Clt( )L Z?4-"Z:3'.e ~ -~b ~ ' /OT" (.7 I'.: ~ \S ~ ' - ~~ ~ ~ ~ ~~ ~a ~ ~ '-~ V) ~ P&tNr \'\' \ I" 8 n C6V'TeR~/N'G (Z I r='~t7r"O'6Co ~' ~ JI':?, ~ W4T€R ,A-1.A/tV EL15EHENT ,,'\. \~" 6.t7a" ~ ~'-- '. :3~~..~ . -- -. ~ -=:::::-- ~ . ~ ~ --- --.j .-:- .~ ~01" ~ '.~-'" -------~~~ " - _c:?8""~ . ~.~:, LDr /(~ ____ ~ ~ ~~,~' , ------I ~ ~ " I, ~ ~ \J) k I~ ~- ~~', l.U\J ~~Jsepn M. Tllcj,c,er, P.L.S. N ,. ~ II ~ "- SURVEYORS BOUNOARY SURVEYS MORTGAGE SURVEYS CONSTRUCTION LAYOUT ORB 107'99 Po 1004- DOROTHY H. WILKEN, CLERK PB COUNTY, ~L 310 SOUTH FEDERAL HIGHWAY. P,O. BOX 75:1. ROYNTON BEACH, FLORIDA 33"35 BOYNTON BEACH Phone (561) 737-(.5/A . Fax (S61) 73...75..6 q TREET ..-.------- 8G'Ll~//VG 0..4/&0-1'.' TH'e eAST ~/Nc CPO b' G' f-(/Gn4t'WAY IV?" I ,-8G4R'S 5' 07P 3:3',3 7" W AtVo ALL OT#eR<xd~/N'aS 4Rc ~U3.TIl/C;= , T#c:~eTO. 5Y-/EGT 2 OF- Z EXHIBITtfA'H"'-' --- (PAGE TWO) ....------. MEETING MINUTES REGULAR CITY COM,., 'iION BOYNTON BEACH, FLOKIDA MAY 5,1998 Post did support the elimination of term limits. However, they questioned the timing. The last voters' referendum was held in March, We had a 14,5% turnout at the polls. With 31,794 eligible voters. only 4,335 cast a ballot on the issue of term limits. The yes and no ballots were dividec' by 63 votes, That is hardly a mandate, In November we will be voting on the Governor's Office and constitutional amendments, This should produce a very strong turnout of voters and a much more representative expression of direction on term limits. It is my personal opinion that we should be allowed to vote for anyone we want to without limitations, The newspaper quoted a retired reporter this weekend on observations she had made over her 20- year career and lauded her on her insight on government issues, When they asked her about term limits, she replied, "You want term limits, you've got them. They are called elections". I share her belief, A point could be made for unlimited terms in the fact that Commissioners can pursue leadership roles in organizations such as the League of Cities and the MPO. To date, Boynton Beach is shut out of those positions," "It is said that I personally want to perpetuate myself in office. Let me address that. When I ran for office, I did so with the belief that I had something to give to the community, I've had in. depth training in management and leadership, I can document that. At this time in my life I do not need to take or acquire personal possessions or ego builders, The monetary reward for this job, small as it is in my case goes to the IRS. Do I want power? What power is there? This is a very ceremonial position. Any power is shared equally among this Commission and that is only the powers the voters grant us to set policy, What I get from this position is a feeling of added responsibility, the need to give the community what I promised when I campaigned, I feel I have been working toward that goal and will continue for the rest of this term, It requires time and it requires commitment. I have that to give. If term limits are removed, I would have to seriously consider if I should continue my commitment for another term, Regardless of that possibility, more importantly, the voters would have to consider if they would want me to serve another term. I believe they should have the right to make that choice. Thank you," With no one else wishing to speak, Attorney Cherof announced that the Commission would recess into a shade session that would last approximately 20 minutes. The attendees would include the members of the City Commission, the City Manager and the City Attorney. CITY COMMISSION RECESSED TO EXECUTIVE SESSION AT 8:45 P.M. TO DISCUSS MILNOR CORPORATION LITIGATION The regular City Commission meeting reconvened at 9:101 p:m, VII, PUBLIC HEARING: A. Project: Benvenuto Restaurant Agent: Jean-Philippe Gaudree Owner: Ronnard, Inc, Location: 1730 North Federal Highway Description: Request for abandonment of a special purpose easement in conjunction with an expansion of the Benvenuto Restaurant. (PROPOSED RESOLUTION NO, R9B-B9) 16 MEETING MINUTES REGULAR CITY COMM~c;ION BOYNTON BEACH, FLC,_ ADA MAY 5, 1998 Attorney Cherof administered the oath to all who would testify regarding Agenda Items VII-A, VII-B, AND VII-C, Mayor Taylor announced that the agent was present in the audience earlier, but had to leave the meeting, Tambri Heyden, Planning & Zoning Director, explained that this is a request for the abandonment of a utility easement that conflicts with the building expansion previously approved, Since the easement is no longer needed, staff recommends approval of the request. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ITEM. Motion Commissioner Titcomb moved approval of this agenda item. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0, B. Project: Palm Walk ACLF Agent: Ehasz Giacalone Architects Owner: Palm Walk Associates Location: S.W. 19th Avenue Description: Request for conditional use approval to construct a 48-bed Alzheimer care living facility (TABl.ED FROM 4/2,1/98 crTY COMMfSSfON MEETING) Richard Sovinskv. reaistered architect. reminded the Commissioners that at the last meeting, the Commission had comments relative to the dumpster enclosure and placement of the kitchen, The plans have been reviewed and the applicant agrees with the Commissioners' comments, These items have been moved to the rear of the project. Vice Mayor Jaskiewicz thanked Mr, Sovinsky for his efforts on the Commission's behalf. MAYOR TAYLOR ANNOUNCED THE PUBUC HEARING. Bill Lvnch thanked Vice Mayor Jaskiewicz, the City Commissioners and Oty Manager Willis for the interest they had in this project. He also thanked the developer for his cooperation with Boynton Leisureville and the City Commission in agreeing with the recommendations made by the Commission and staff, Mr. Lynch welcomed Mr. Sovinsky to Leisureville. Commissioner Denahan expressed appreciation for the developer's diligence in accommodating the Commission's requests. She questioned whether recycling is anticipated and if the dumpsters would fit in the enclosure as proposed. Mr, Sovinsky advised that he would have to review this issue to see if the dumpsters would fit, He is not certain he would be permitted to enlarge the dumpster enclosure, He agreed to investigate this issue, 17