LEGAL APPROVAL
RESOLUTION NO. 1,'j-()(':OO
I
:j
II
l.
'I
0'
iI
I'
II
II
A RESOLUTION OF THE CITY COu~CIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, REQUESTING
PERMISSION FROM THE BOARD OF COUNTY
COHMISSIONERS, PURSUANT TO SECTION 171. 062,
FLORIDA STATUTES, TO REZONE A ~ PARCEL
OF LAND J;lEING ANNEXED TO TEE CITY OF BOYNTON
BEACH FROM THE PALM BEACH COm:TY ZONH,G
CLASSIFICATION AG (AGRICULTURAL) TO THE C17Y
OF BOYNTON BEACH ZONING CLASSIFICATIOK OF
PLANNED UNIT DEVELOPMENT WITH A LN,D USE
INTENSITY OF 4.0 AND FRO~ COUNTY LNID USE
OF MEDIUM-MEDIUM HIGH DENSITY TO CITY LAND
USE CLASSIFICATION OF MODERATE DENSITY
RESIDENTIAL; PROVIDING AN EFFECTIVE DATE;
AND FOR OT~ER PURPOSES.
w~EREAS, the City of Boynton Beach has received a
request for annexation from Larry W. Carilla and Michael R.
Melear, as owners of the following described property:
See .attached Exhibit "A"
and;
upon a recommendation of the City Planner, City Zoning Board
[I and Technical Review Board, determined that the proper zoning
I
I
II
I
I
I
I
I
1
i
I
I
for this parcel of land would be the City's Zoning Classification
Planned Unit Development with a land use intensity of 4.0, and
the proper Land Use Classification under the City's Land Use
Plan of Moderate Density Residential; and
h~EREAS, pursuant to Section 171.062, Florida Statutes,
the City of Boynton Beach requests that the Board of County
Commissioners consent to the City of Boynton Beach rezoning and
change Land Use Classification on the above-described property
upon its annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
I
!I
:i THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
:1
Section 1: That the City Council hereby request
permission to rezone and to change the Land Use Classification,
:1
"
when annexed, of the property described above as previously
,I
I! enumerated.
il
I
i
I
.1
o
.,
'1
That a certified copy of this Resolution
Section 2:
.
I
I
County,i
I
be sent to the Board of County Commissioners of PaIn Beach
" Florida, the County Administrator, and the County Director of
Planning, Zoning and Building.
'1
,
section 3: That this Resolution shall take effect
.;
, immediately upon passage.
.,
'i
PASSED AND ADOPTED this
/~ day of
/lor! e v?b€ Y
1983.
CITY OF BOYNTON BEACH, FLORIDA
ji
II
!i
I'
"
:1
.,
j'
i
,
II
.1
.'
I'
II
'I
'I
..
I:
.1
:,
I:
~
r:dvif2:&u'~'~~
~A /XYhcto-
C CIL MEMBER
il
.'
ii
!!
,
I
"
" ATTEST:
d __I
:j A:~~
,i CI~y~l~' -
!I
I
'I
:1
"
(Seal)
i
'I
I
ORDINANCE NO. 1~-1{-&
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, ANNEXING
A CERTAIN UNINCORPORP.TED TRACT OF LAND
THAT IS CONTIGUOUS TO THE CITY LIMITS Y
WITHIN PALM BEACH COUNTY AND THAT WILL,
UPON ITS ANNEXATION, CONSTITUTE A REASONABLY ~
COMPACT ADDITION TO THE CITY TERRITORY
PURSUANT TO A PETITION OF THE O\~ER OF SAID
TRACT OF LNlD, REQUESTING ANNEXATIOn PURSUANT
TO SECTION VII (32) OF THE CHARTER OF THE CITY
OF BOYNTON BEACH, FLORIDA, AND FLORIDA
STATUTES 171.044; PROVIDNG THAT THE PROPER
LAND USE DESIGNATION AND PROPER ZONING OF THE
PROPERTY SHALL BE REFLECTED IN SEPARATE
ORDINANCES TO BE PASSED SIMULTANEOUSLY HERE-
WITH; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING
A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING;
AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, Larry W. Carilla and Michael R. Melear,
owners of the following tract of land described as:
See attached Exhibit "A"
filed a Petition for Annexation to the City of Boynton Beach
directed to the City Council pursuant to Articles VII(32) of
the Charter of the City of Boynton Beach, Florida, and Section
171.044, Florida Statutes; and
vlHEREAS, said tract of land lying and being within
Palm Beach County is contiguous to the existing City limits of
the City of Boynton Beach, Florida, and will, upon its annexation,
constitute a reasonably compact addition to the City territory;
and
WHEREAS, the proposed use of said land and land use
designation has been determined to be consistent with the future
land uses of the City of Boynton Beach and the Palm Beach County
Cow~ission has no objection to the designated use.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: pursuant to Section VII(32) of the Charter
of the City of Boynton Beach, Florida, and Section 171.044,
Florida Statutes, the following described unincorporated and
contiguous tract of land situated and lying and being in the
County of Palm Beach, Florida, to-wit:
See attached Exhibit "A"
is hereby annexed to the City of Boynton Beach, and such land
-.
..,
so annexed shall be and become part of the City with the same
force and effect as though the same had been originally
incorporated in the territorial boundaries thereof.
section 2: That section VI and VIla) of the Charter
of the City of Boynton Beach, Florida, is hereby amended to
reflect the annexation of that tract of land more particularly
described in Section 1 of this Ordinance.
Section 3: That by Ordinances adopted simultaneously
herewith, the proper zoning designation and land use category is
being determined.
Section 4: All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
section 5: Should any section or provision of this
Ordinance or a portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 6: Specific authority is hereby granted to
codify this Ordinance.
section 7: This Ordinance shall not be passed until
the same has been advertised for four (4) consecutive weeks in
a newspaper of general circulation in the City of Boynton Beach
as required by the City Charter and section 171.044, Florida
Statutes.
section 8: This Ordinance shall become effective
immediately upon its final passage.
Section 9: This Ordinance, after adoption, shall be
filed with the Clerk of the Circuit Court of Palm Beach county,
Florida.
FIRST READ lUG this
-,r-d
/:..) day of
!If) /Jem);ey
1983.
SECOND, FINAL READING and PASSAGE this
/7~
day of
T ]Ck'fllJ..,aJVj
, 19 BLf.
'.
~"1
CITY OF BOYNTON BEACH, FLORIDA
~4~--7~/~
~'i!J."K!
--:-
( ,
~' 7 01
Mt ~i.'l'nr>I//J
VICE EA'L,
. I
}JL ex I~.L.....
ATTEST:
c,~~Jt1~
(Seal)
.
~,
"
ORDIllANCE NO. 8.3-47
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EOYNTON BEACH, FLORIDA, NlENDn:G ORDINANCE
NO. 79-24 OF SAID CITY, BY N~ENDING THE LAND
USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY BY ADOPTING THE PROPER Ll'.ND USE OF CERTAIN
PROPERTY WHICH IS BEING AENEXED INTO THE CITY
BY ORDINANCE SIMULTANEOUSLY HERE\'7ITH, milCH IS
MORE PARTICULAR DESCRIBED HEREINAFTER; SAID
LAND USE DESIGNATION IS BEING CHANGED FROl.l
PALM BEACH COUNTY MEDIUN-HEDIUM HIGH DENSITY
TO BOYNTON BEACH MODERATE DENSITY RESIDENTIAL;
PROVIDING FOR A SAVINGS CLAUSE; REPEALING
PROVISION; AND EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the City Council of the City of Boynton Beach,
Florida, has adopted a comprehensive land use plan and as part
of said plan a land use element by Ordinance No. 79-24, in
accordance with the local government comprehensive planning
act; and
WHEREAS, a certain parcel of land more particularly
described hereinafter iscbeing annexed in accordance with an
application by Larry W. Carilla and Michael R. Melear through
its agents and to the City by Ordinance being adopted
simultaneously herewith; and
WHEREAS, the procedure for amendment of a Land Use
Element of Comprehensive Plan as set forth in section 163.3184,
Florida Statutes, has been followed; and
WHEREAS, after public hearing and study, the City
Council deems it in the best interest of the inhabitants of
said City to amend the aforesaid Land Use Element of Comprehensive
Plan as adopted by the City herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: That Ordinance No. 79-24 of the City
is hereby amended to reflect the following: that the land use
of the following described land which is being annexed into
the City of Boynton Beach, Florida, by Ordinance simultaneously,
herewith shall be designated Noderate Density Residential. Said
land is more particularly described as follows:
See attached Exhibit "A"
"'
Section 2: That any maps adopted in accordance with
the Land Use Element of said Comprehensive Plan shall be amended
accordingly.
section 3: That should any section or provision of
this Ordinance or a portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
section 4: All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
section 5: This Ordinance shall become effective upon
its passage.
FIRST REF.DING this b d day of <2Je;~..??.eE~
1983.
SECOND, FINAL
-dt1A1I..LtLVj
READING and PASSAGE this
/7t1-
day
of
, 1981-.
CITY OF BOYNTON BEACH, FLORIDA
:;;;i74U~
, OR
(: fi,:;:7 '
/tlA-<- ~,?n-y.>-t.e-1/mtt-~.....
VICE N~R
~r.J C2a~{ic,
C UNCIL ME/mER
ATTEST:
c'6r;;.!~
(Seal)
"'
ORDINANCE NO. 8.:3 -48
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEl'.CH, FLORIDA, N.:E;;mD;G
ORDINANCE NO. 80-19 OF SAID CITY, BY ZO;;D1G
A CERTAIN PARCEL OF LAND BORE PARTICULARLY
DESCRIBED HEREIN, WHICH IS BEING SIHULTA;;EOUSLY
HEREI'iITH ANNEXED INTO THE CITY OF BOn:'I'Oll
BEACH, FLORIDA, BY ORDINANCE AS PLl'.}lNED r.;,,:IT
DEVELOPl.1ENT InTH A LAND USE INTEriSITY OF
4.00; PROVIDING A SAVU:GS CLAUS~; REPE:;;.LI;'jG
PROVISIONS, AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WEEREAS, the City Council of the City or Boynton Beach,
Florida, has heretorore adopted Ordinance No. 80-19, in which
a Revized Zoning Map was adopted for said City; and
WHEREAS, the City Council of the City of Boynton Beach,
Florida, simultaneously herewith adopted an Ordinance annexing
a parcel of land more particularly described herein into the
City limits of said City; and
WHEREAS, the owners and agents of the property have
requested the above-mentioned zoning category; and
IlliEREAS, the Pl~nning and Zoning Board of the City of
Boynton Beach, Florida, has heretofore approved said development
and has recommended approval thereof; and
WHEREAS, the City Council deems it in the best interest
of the inhabitants of said City to amend the aforesaid Revised
Zoning Map as hereinafter set forth.
~O\~, THEREFORE, BE IT ORDAINED BY THE CITY COmlCIL
OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1:
That the following described land, located
in the City of Boynton Beach, Florida, as desc~ibed in E~hibit A
attached hereto and made a part hereof, be and the same is hereby
.'
zoned Planned Unit Developmen~ (PUD) with a land ~se intensity
(LUI) of 4.00, which intensity is determined to be appropriate
under the circumstances represented to the City in said
application, and is in conformity with the Comprehensive Plan
of the City of Boynton Beach, Florida.
Section 2: That the aforesaid Revised Zoning ;!ap of
the City shall be amended accordingly.
...
~~ction 3: That the application of the Owners and agents'
== -::he SIC:..c::;=:ject property for rezoning is hereby granted for the
co:::::: :permitting the development of said land as a Pla:-!ned
~;:"'" ~ose
T-~~ Dev<~=-::>-;Jment (PUD), specifically in accordance with th~
.....-- -
..c.2c,.".-=loprr.r=-:-::: .olans and specifications therefor now on file with
_~_c= OffiL:::= :)f the City Planner in the City of Boynton Leach,
==-=:::ida, =~a all requirements, terms and cODditions established
.c.A_'~
set C==-=h in the minutes of the Planning aDd Zoning Board,
:an':: the C.:. t~~ Council of the City of Boynton Beach pe=tainir:g to
-t.,"= revie=..- <=-TId approval of said application, which minutes are
:::::e:::2by mea::e a part hereof for reference and staff corr,rnents are
a t~ched ::.ereto as Exhibit ITB II.
-1n
~cept as provided herein, the applicants shall proceed
strict accordance ",ith 'all ordinances of the Citv of Bovnton
" ,~
Sea:::h, inclu3ing but not limited to its building, electrical,
211' ~ing, su~division, planning and zoning codes, and all rules
and reguletions of the State of Florida, Department of Environ-
1 ~'
r:;len tal Resu a <..lons.
In satisfaction of the recreation dedication
:::equireme:::ts of the City Ordinances, this approval incorporates
the dedication of land as submitted by the owners in accordance
with the cevelopment plans and specifications now or: file with the
Office of the City Planner.
Section 4: That should any section or provision of
...-
this Ordi~ance or a portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall r:ot
affect the remainder of this Ordinance.
Section 5: All ordinances or parts of ordinances in
conflict herewith are hereby ~epealed.
Section 6: This Ordiriance shall becorr.e effective
upon its passage.
bcL
day of -::Z;;60~L3EX?
,
FIRST READING this
1983.
SECOND, FINAL READI~G and PASSAGL this
day of \'J~Y1 (..L.Q vy , 1981-
/'70{
CITY OF BOYNTON BEACH, FLORIDA
,~~07-'i-rZL~
-,.
I;YWOR
f (1 ~') .
J1)i l:'J "";.1: ')7"",>->,/. C ,,7. ,;,.'L f" .../_;
VICE Ift.AYI?Y'
:::;f~~
(Seal).
./
"
~_______----=:L.__~._______
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
SEPTEMBER 13, 1983
the railroad track. parking would be in front, inbetween
the buildings and the railroad track. The only thing Mr.
Kirsner can get financing for now is a discount center. Mr.
Mauti asked if Mr. Kirsner can apply for a special use which
would, more or less, 'restrict him to that 45 foot height and
restrict him to most of the C-3 areas. Mr. Annunziato
advised that our current zoning requirements do not provide
for a planned commercial district. Therefore, it was his
opinion that there was no way to up front determine the uses
or configuration of the structures other than site plan
review.
Mr. Annunziato informed Mr. Mauti that Mr. Kirsner did not
have a master plan avenue open to him. Mr. Annunziato
advised that the problem is not with the site plan but with
the use.
Mr. Hester moved that the request of Boynton Discount Center
on Federal for rezoning be denied. Mr. Mauti seconded the
motion, and the motion carried 7-0. The request was DENIED.
Annexation
(2) Applicant: Alan Ciklin, Esq. for Carilla, Larry, and
Michael Melear
Request: Annexation for a 154.36 acre tract of land
located on the west side of Congress Avenue
between Lake Worth Drainage Canals #s 20 and
21.
Location: West side of Congress Avenue, west of Dos
Lagos PUD, South of Meadows 300 PUD, north
of Congress Lakes PUD.
Legal Description:
/
.'
The NE 1/4 of Section 18, less the East 50.00 feet thereof
and right-of-way for L.W.D.D. Canal L-20 and L-2l, together
with the NE 1/4 of the NE 1/4 of the m~ 1/4 of said Section
18, less the right-of-way for L.W.D.D. Canal L-20. Said
lands situate, lying and being in Palm Beach County, Florida.
CONTAINING 155.15 acres, more or less.
Also proposed by Staff for annexation is Old Boynton Road,
east of Knuth Road.
Legal Description of Old Boynton Road:
A portion of Old Boynton Road in Section 19, Township 45 South,
Range 43 East, Palm Beach County, Florida, being more particu-
larly described as follows:
- 10 -
"'
,;
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
SEPTEMBER 13, 1983
A forty (40) foot road right-of-way adjacent to the south
line of Lots 31 through 38 in "subdivision Section 19, Twp.
45 South of Range 43 East", as recorded in the Palm Beach
'county, Florida Official Records in plat Book 7, Page 19,
said forty (40) foot road right-of-way now being known as
OLD BOYNTON ROAD, and the south twenty (20) feet of said Lots
31 through 38 deeded to said Palm Beach County for additional
road right-of-way as recorded in said Official Records in
Official Record Book 3012, Page 1485, and the north twenty
(20) feet of Lots 39, 40 and a portion of Lot 41 deeded to
said Palm Beach county for road'right-of-way as recorded in
said Official Records in Official Record Book 2584, Page
1018 and Book 3652, Page 531.
Land Use Amendment and Rezoning
(3) Applicant: Alan Ciklin, Esq. for Carilla, Larry, and
Melear
Request: Amendment to Future Land Use Element of the
comprehensive plan to show annexed property
as Moderate Density Residential and to re-
zone from AG (Agricultural District) to
planned .Unit Development with a Land Use
Intensity = 4.00 (PUD w/LUI = 4).
Location: West side of congress Avenue, west of Dos
Lagos PUD, south of Meadows 300 PUD, north
of congress Lakes PUD.
proposed
Use:
planned Unit Development providing for the
construction of 1005 residential units and
3.1 acres of neighborhood commercial uses.
Legal Description! Same as abov9 "Legal Description".
Chairman Ryder announced that~ne application is for annexa-
tion into the city and the other is for Land Use Amendment
and rezoning.
Mr. Annunziato, City Planner, referred to the annexation of
Old Boynton Road and said the city has done this kind of
thing in the past to bring in rights-of-way where the city
finds they are going to annex the property adjacent to the
rights-of-way or failed to annex the rights-of-way where
they were never a~nexed previously.
Mr. Annunziato referred to a memorandum from him to the
Chairman and Members dated seotember 6, 1983, which has four
or five exhibits appended to it. First, Mr. Annunziato said
he would discuss in introductory form what the applicant is
proposing to do, how one would get through the procedure and
- 11 -
"'
<t ')/~~ .
(
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
NOVEMBER 1, 1983
all be kept on site and Mr. Clark agreed and added that the
permit will not allow it to be removed off site.
Councilman deLong moved to approve this request from Quail
Lake West, seconded by Councilman Cassandra. Motion carried
5-0.
councilman Cassandra moved to revert to the regular order of
business, seconded by Mr. Zimmerman. Motion carried 5-0.
PUBLIC HEARING - 8:00 P. M.
Approve request for amendment to Future Land Use Element of
the Comprehensive Plan submitted by Alan Ciklin to show
annexed property as Moderate Density Residential and to
rezone from AG (Agricultural District) to Planned unit
Development with a Land Use Intensity = 4.00 (PUD w/LUI =
4.00). This proposed PUD provides for the construction of
1,005 residential units and 3.1 acres of neighborhood com-
mercial uses (Tabled)
r
\..
Location: The NE 1/4 of Section 18, less the East 50.00
feet thereof and right-of-way for L.W.D.D. Canal'
L-20 and L-2l, together with the NE 1/4 of the NE
1/4 of the NW 1/4 of said Section 18, less the
right-of-way for L.W.D.D. Canal L-20. Said land
situated, lying and being in Palm Beach County,
Florida. Containing 154.56 acres more or less.
West of North Congress Avenue, between L-20 and
L-2l Canals.
Mr. Cassandra moved to remove both items from the table,
seconded by Mr. deLong. Motion carried 5-0.
,../ J
,
Mr. Vance referred to discussions between the city staff and
developer being on-going and stated just prior to the
meeting, a letter was hand-delivered to him from Mr. Ciklin.
He then read the attached letter into the record. He added
that essentially these conditions have been reviewed by the
city staff and present no problem. It will take approxima-
tely five weeks to complete the annexation process and the
deeds will be furnished to the staff during that period. He
gathers the staff, as a whole, has essentially resolved the
pending matters in relation to this annexation and from the
staff's viewpoint, it can proceed.
I
,
"-
Mr. Cheney added that having been a proponent of this, we
are satisfied and it has our approval. He knows all the
issues have been resolved. He thinks the equities are fair.
It is an important piece to the City. If this causes an
ordinance to be required in the future for all subdivisions,
- 7 -
"
nEGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
NOVEMBER 1, 1983
(
it is a good step forward for the City. He recommends
approval.
There was reference to this squaring off the Congress Avenue
area and some discussion regarding a few pieces along
Congress Avenue still not annexed into the City.
Mr. Vance requested Mr. ~lan Ciklin, attorney representing
the Melear family, to come forward. He asked if Mr. Ciklin
was the representative for the Melear family for this pro-
posed annexation and Mr. Ciklin replied affirmatively. Mr.
Vance clarified that the letter which he read was written by
Mr. Ciklin as the representative of the Melear family volun-
tarily in order to achieve annexation and PUD zoning in the
City of Boynton Beach and Mr. Ciklin responded affir-
matively.
Councilman Cassandra asked if there was a stipulation that
we should have an ordinance and Mr. Vance replied negati-
vely, only that we agree to consider in good faith, which
he believes the Council is desirous of doing.
Mr. Zimmerman questioned the exact location of the three
acres and Mr. Ciklin informed him it would be at Miner Road
& Congress Avenue.
(
Mr. Annunziato reminded the City Council there were several
staff comments attached to this annexation and certain
issues on the PUD and if the Council goes forward, it should
be predicated on those comments. Mr. Cheney referred to Mr.
Ciklin agreeing and Mr. Ciklin replied affirmatively.
,
Mayor Warnke asked if anyone wished to speak in favor of
this request and received no response. He asked if anyone
wished to speak against this and received no response. He
then declared the public hearing closed.
Councilman deLong moved that this request be forwarded to
staff for their consideration and recommendations.
Councilman Cassandra seconded the motion. Under discussion,
Mayor Warnke referred to voting against this at the last
Council meeting and then read the following statement:
"There is an old adage of the military which states that
no matter how fast you are advancing, do not, under any cir-
cumstances, advance faster than your services of supply. In
my opinion, the City of Boynton Beach has now come to the
point of outrunning it's supply capabilities. ~
"I have always been adament in my stand to serve the
present residents before any outside developments. We have
"
(
REGULAR CITY COUNCIL MEETING
BOYNTON BE~CH, FLORIDA
NOVEHBER 1. '983
now reached the stage, in my opinion, to have the City
Council present a unified front and say to the developers,
enough is enough. By approving more and more annexations
with water and sewer agreements we are, in effect, deluding
purchasers of homes in this area by saying 'there is plenty
for all'. -
"Councilman deLong has said 'let the voters decide how
large our city should gr9w' and I agree. As more and more
developments come to our city for servies, we will have an
increase of our services dealing with water, sewers, roads,
schools, recreational facilities, beach usage, library needs
and fire and police capabilities. If the citizens choice
amendment, otherwise known as proposition One, passes next
year, we will have to curtail the services our citizens now
enjoy and there will certainly be no room for services to
developments that we approve today.
r
l...
"It is, in my opinion, time to collect our breath and
take a more serious look at where we are going in the near
future. We should not approve any more annexations or uti-
lity expansion outside of our city limits until such time as
the voters decide how far they want our city to expand and
we know the full effects of proposition One on our future
budgets. I sincerely hope that this Council will put this
in the form of a referendum to the voters.
"In the meantime I cannot, in all good conscience, vote
for any more growth proposals outside of our city limits.
We are outrunning our service of supply to the detriment of
the Boynton Beach taxpayers."
Councilman_-deLong stated that,he has an item on the agenda
under Other - Legal tonight which will be a motion that the
proper procedure be drafted so -the people will decide at the
next election whether they want annexation or not. It will
only include those parcels in the city limits at this time.
Councilman Cassandra referred to being concerned about water
and sewer consumption, but stated we also have to be con-
cerned about squaring off the city limits and not having
open spots. This concern is valid, but to stop at this
moment and not approve a piece of land use to square our
corners is not favorable. We agree that two years from now,
we will have a problem. He thinks we should be concerned
about squaring off our city. This is not going outside our
western boundary, but squaring off what we have now.
,
;
.
~
Vice Mayor Zimmerman clarified that the parcels which front
on Congress Avenue, this being one and two others remaining,
rightfully should be part of the city.
- 9 -
"
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
NOVEMBER 1, 1983
(
Mayor Warnke clarified that the motion was to approve this
request for amendment to the Future Land Use Element of the
comprehensive plan submitted by Alan Ciklin to show annexed
property as Moderate Density Residential and to rezone from
AG (Agricultural District) to planned unit Development with
a Land Use Intensity = 4.00 (PUD w/LUI = 4.00). As
requested, Mrs. Boroni then took a roll call vote on the
motion as follows:
Councilman Cassandra
Councilman deLong
Councilman Wright
Mayor Warnke
Vice Mayor Zimmerman
Aye
- Aye
Aye
- No
- Aye
Motion carried 4-1.
Approve request for annexation submitted by Alan Ciklin,
Esq. providing for the annexation of a 154.36 acre tract of
land located on the west side of Congress Avenue, west of
Dos Lagos PUD, south of Meadows 300 PUD, north of Congress
Lakes PUD and between Lake Worth Drainage Canals #20 and 21.
(Tabled)
Legal
Description:
The NE 1/4 of Section 18, less the East 50.00
feet thereof and right-of-way for L.W.D.D.
Canal L-20 and L-2l, together with the NE 1/4
of the NE 1/4 of the NW 1/4 of said Section
18, less the right-of-way for L.W.D.D. Canal
L-20. Said land situated, lying and being in
Palm Beach County, Florida.
(
Councilman.deLong moved to approve this request, seconded by
Councilman' Cassandra. No discussion. Mrs. Boroni took a
roll call vote on the motion as follows:
Councilman deLong - Aye
Councilman Wright - Aye
Mayor Warnke - No
Vice Mayor Zimmerman - Aye
Councilman Cassandra - Aye
Motion carried 4-1.
Councilman de Long moved to revert to the regular order of
business, seconded by Councilman Cassandra. Motion carried
5-0.
LEGAL
~
Ordinances - 2nd Reading - Public Hearing
None
- 10 -
"l
...., .....
CIJ .... ........ I [J"" nw .... Al E Al ....
0 "0 'T' 0 0 ID 'ID 'T'
-< + + , 3 )> 0 III III Z
Z [J"" O[J"" 0 f"l 3 n In ....' Z....' f"l
-l " " " w.::3: ID , 0. ID 0. E
0 ..JJ [J"" ru 1Df"l , ID C ID ....,ID
Z c>> ..JJ..JJ nAl n III :J :J lD:J ""
c>> DC>> ('1"'" ..... ....' ('1" ::r('1" f"l
CIJ ID f"l OIZ ('1" ....' 0" ..... <
f"l 0 DO o.Z ......ID III 01 o 01 f"l
)> 0 DO n ....' ...... ,...... "u,
n .... -< )>lD ::r Al 0
:r: ....' '::r "" 0 "" 0-0
III ID 0" ID aID c...3
n..... 01 0 <: 0.<: f"l f"l
OI-.J , ID ID nz
"""'T' ::r ...... n...... -l -l
0 0 0 0 H
....,z 0 "0 3"0 OCIJ
.... ........ 30 0. 3 33 ZAl
"OZ ID ID ID f"l
.... .... 01 f"l :J , :J )>
" " n ::3: ('1" n ('1" 7'i:
c>> -.J ('1"f"l ....' ""
ru +c>> I Al 01 0
..JJ ..JJO '" ....* ...... E
f"l 01" Z
0 DO Z ........... )>
0 DO n ......, ,
-< ID ID .....
('1" 01 I ru
0 H ID 'T' ::3:
:J X ID '"
rulll ..... f"l ...... Al
"0 0 ru 1Il::3: ID 0
"0 -.J ('1"f"l 01 E
ID III Al ..... Al , -l
, " ID :J'" :r:
E ....' III lD f"l "U
'<: ....' , n Z ...... "
ID ...... ID C E n 01 H
.... f"l "U ~..................o ..........'" 01 ...... ID 0 -< ::l '"
+ ::3: Al "",[]""'Ln.cn ru....o , n , ::l n
-l [J"" f"l 0 ~\.r'YYn 'T''T'C 0" 01 n 7<" ID )>
)> " Al c... C Al ....ID ...... 01 ...... 0. ,
CIJ ..JJ '" f"l Ln & I::-' 1::-'"'0 01 0. n 0 ...... ...... 0
, c>> r'l n 01 ::l ID f"l ,W III ...... 01 COH
r'l c>> Z -l XXXX::J 0.<: , III 0. ::l"::3:
n n ID ('1""0 -< , ..... ....' "U
H 0 -< -l C C W ru,<: ........... ::rID , -< o.W ('1" )>
0 0 ::l ::l wa ID , , OI'T' n
-l 1-1...... ('1" 'T'"O ('1" "" -l
)> ('1"('1" '<: ID n c 01 Z ID
, "001 , 0 :J H 0 <: )>
n n ID ::l 3 ....' ::l OIZ ID Z
n 0 0 01"0 3 ('1" <: 0 ::If''l ...... )>
0 1Il1ll ......, 0 ID 0 01::3: ~ ,
'" ('1"('1" '<: 0 ::l ..... III W ...... f"l -<
-l III "0 W ('1" '<: Al 3 '"
.......... ....,0 01 0 Ill'" ID H
" III III III III , .... , ..... f"l ::l '"
0 ID ID 01 ID In -< IIlZ ('1"
Al ID ID 0 ...... 01 'T' , I n
....1Il III -<
" -l -l
H 01 01 ID 0 0.
* Al 0"0" X ::l C 1 .....
..... f"l ............ ..... ......, "0 +
o.E ...... ID ID III '<: ....' .....C ru + , 'T'
ID ..... .... Z Al ('1" ::l ::l ::l [J"" -.J 0
<: ...... .... 0 f"l HH ....' OIlD 01 01- W.f"l
ID ...... c>> Z '" HH ::l .... 0.0" " Al 1D::3:
...... ru r'l n 'T''T' lD ('1"0. ID ...... ..... ID nf"l
0 .... ..JJ ::3: C ID ID .c ID , III ('1"Al
"0 01 r'l r'l E , <: c. ID n ID '"
3 ...... 0 Al 0 ID 01 ('1" C o.f"l
ID ...... 0 '" 0 , 0. ...... ('1"0 n ID Z
::l * r'l -0 7<" ID 0 ID 01 En
('1" ('1" Z f"l ...... <:"0 0. ...... n 0-<
0 n Al 0 ID 3 .....ID ...... 01 ,
n -< )> 01 """ID :J ('1" III ...... 7<"
0 .... -l 0. 0 ::l ....ID , ...... ......
3 ru H "0('1" 0 , -< III 0.....
"0 ru 0 0. 3 " , 3 , ...... OIln
" """-.J Z 01 ID 3 ....' -< 0.'T'
H ID , '" ('1" ::l 0" 01 ::l ,
Al ('1"'<: 01 ('1"C ('1"1D o.z
f"l ID , ('1" ....' 010
'T' 0" n 0 0. ('1"Z
"" 01 '<: o E ::l C 0If"l
f"l .... 3 ....' ID -.J W ::3:
"U ('1" "0 ...... 0 0If"l
)> ID ............ ('1" H .... ::lAl
Al , ID 0 ::l In 01'"
-l ('1" <: ...... f"l
::3: ID ID H '<:Z
I f"l III ::l IIln
Z ('1" III ....' -<
-l :::- '? '1
,
----...-------- --_._-~-- ---_.__....__.--~~-
- -
eo .- --
0
-< --J ru w -, 1Il <'-.c n ru -" ""
Z <'-.I Z <'-.0 m 0 H:I 0 [J'" --J m
-l W-<O " H n.... rt3 :I '" :3 1Il ",
0 Y"O-l 1-" :I 0 lJ1 '" m '" 0" :3 " "" 1-" :3
Z 0", -, 1Il :I 1-" 0.1-' ", 1-'- m 0. ",
II-JL/l m "0 1Il H ....... .....m m "" -, 1Il m ""
eo I m rt:l :1.0 n m n :I '"
", <'-.", H n -, 1Il 1Il o.C rt H C rt ",
l> ru-l :I rtC"O "0 1-"'" 0 l> n m 1-" Z
n YH < I-',n m '" nrt , '" '" n
I n m 0 rtn n '" m 0. I-' n I-' -<
+l> 1Il :I I-'-rt m rt m l> I-' '"
, rt 1Il 0 1-'- j-l.....o("'t "" 1Il I-' C 0
<'-. 1-" :I 0 rtO :I m ", "'- I-' :I ""
....'" lO "'- :I 0 :I ....,-, l> '< 1Il 1-"
Yl> '" -<HlIl 0 3 m "'- rt Z
-l rt m :I 0"0-' 1-" '" -< 1Il 0
l> 1-'- '" 1Il 0. m ""'3 :I -, m z
1 0 -'"0 C '" m '" <'-. ",
:I - -, 0"1Il rt -, .... :3
1Il rt UJ t-'. C..c ..... Y ",
"'- ::rY:I 1-" . 0 ""
-< m lQ I-' :I '"
m -, rt ...., - ",
'" m 0. YO Z
-, '" m 0 :I n
...., < rtm -<
rt m '" ID
ID I-' lO 0. E
-, 0 ID 0
"0 ""
3 0 '" :3 '"
ID ...., , ID ""
:I 0 I-' 0
rt l> ID E
'" '" -l
-, I
"0 "
I-' H
'" Vl
:I n
-l .... .... .... .... .... -l :I l>
l> 0 ID ,
eo -" -l 0.
, .... 0 [J'" l> H
", - - - , CO:3
.... --J [J'" ru :1""0
H -" --J '" ..ll ..ll E 1-" l>
H ..ll '" 0 0 '" l> rt n
'" -l
0 0 0 0 0 ", '"
0 0 0 0 0 Vl ID l>
<'-. < Z
ru l> ID l>
Y Z I-' ,
'" 0 -<
"0 Vl
Vl 3 H
l> m Vl
, ::J
l> rt
""
H
",
Vl
n
0
Vl
-l
.... .... .... .... "0
",
.... ""
lJ1 ....
'" [J'" w n
--J ..ll lJ1 -" l>
"'- "'- "'- "'- ,
H H n n ,
:I :I '" '" <'-.
" < 1Il I-' I-' W 0
H ID "0 I-' I-' Y ""
"" 1Il ID
", rt n H
1-" rt Z
'" lO 1-" Vl
", '" 0 "0
"0 rt :I ",
l> 1-" (")
"" 0 -l
-l :I H
:3 0
", Z
Z
-l
.-.
EXHIBIT 'D'
COST/BENEFIT ANALYSIS*
MELEAR PUD**
Single Family
Total valuation
Total tax
$ 6,523,468
33,806
Townhouse and Quadraplexes
Total valuation
Total tax
31,434,000
162,897
Condominiums
Total valuation
Total tax
7,685,900
39,830
commercial
Total valuation
Total tax
1,005,714
39,830
Total Valuation
Total Tax
$ 46,649,082
241,745
*
Based on 1982 comparable real estate assessments and millage
** Does not include any exemptions
EXHIBIT A
LEGAL DESCRTPTION
..---
The Northeast one-quarter of Section 18, less the East
50.00 feet thereof and right-of-way for L.W.D.D. Canal L-20
and L-2l, together with the Northeast one-quarter of the Northeast
one-quarter of the Northwest one-quarter of said Section 18,
less the right-of-way for L.W.D.D. Canal L-20.
,-
Said lands situate, lying and being in Palm Beach County,
Florida. '
.
CONTAINING 155.15 acres, more or less.
"'
..---
EXHIBIT A
LEGAL DESCRIPTION
The Northeast one-quarter of Section 18, less the East
50.00 feet thereof and right-of-way for L.W.D.D. Canal L-20
and L-2l, together with the Northeast one-quarter of the Northeast
one-quarter of the Northwest one-quarter of said Section 18,
less the right-of-way for L.W.D.D. Canal L-20.
Said Jands situate, lying and being in Palm Beach County,
Florida. '
.
CONTAINING 155.15 acres, more or less.
"
~-.
~
Exhibit A - Pq. 2
A portion of Old Boynton Road in Section 19, Township 45 South,
Range 43 East, Palm Beach County, Florida being more particularly
described as follows:
A forty (40) foot road right-of-way adjacent to the south line
of Lots 31 through 38 in "Subdivision Section 19, Twnp. 45 South
of Range 43 East" as recorded in the Palm Beach County, Florida,
official records in Plat Book 7, Page 19, said forty (40) foot
road right-of-way now being known as OLD Boynton Road, and the
south twenty (20) feet of ' said lots 31 through 38 deeded to
said Palm Beach County for'additional road right-of-way as
recorded .in said official records in Official Record Book 3012,
Paqe 1485 and the north twenty (20) feet of Lots 39, 40 and a
portion of Lot 41 deeded to said Palm Beach County for road right-
of-way as recorded in said official records in Official Record
Book 2584, Page 1018 and Book 3652, Page 531.
-,
'.
~"l
r-::::..
EXHIBIT A
LEGAL DESCRTPTION
The Northeast one-quarter of Section 18, less the East
50.00 f~et thereof and right-of-way for L.W.D.D. Canal L-20
and L-2l, together with the Northeast one-quarter of the Northeast
one-quarter of the Northwest one-quarter of said Section 18,
less the right-of-way f"or L.'~.D.D. Canal L-'20.
Said lands situate, lying and being in Palm Beach County,
Florida.
CONTAINING 155.15 acres, more or less.
/
~
~-
EXHIBIT A
LEGAL DESCRIPTION
The Northeast one-quarter of Section 18, less the East
50.00 feet thereof and right-of-way for L.W.D.D. Canal L-20
and L-2l, together with the Northeast one-quarter of the Northeast
one-quarter Of the Northwest one-quarter of said Section 18,
less the right-of-way for L.W.D.D. Canal L-20.
,
Said lands situate, lying and being in Palm Beach County,
Florida. ;
-
CONTAINING 155.15 acres, more or less.
"
__"l
...-:::-
Exhibit A - Pq. 2
A portion of Old Boynton Road in Section 19, Township 45 South,
Range 43 East, Palm Beach County, Florida being more particularly
described as follows:
A forty (40) foot road right-of-way adjacent to the south line
of Lots 31 through 38 in "Subdivision Section 19, Twnp. 45 South
of Range 43 East" as recorded in the Palm Beach County, Florida,
official records in Plat Book 7, Page 19, said forty (40) foot
road right-of-way now being known as OLD Boynton Road, and the
south twenty (20) feet of said lots 31 through 38 deeded to
said Palm Beach County for'additional road right-of-way as
recorded ,in said official records in Official Record Book 3012,
Paqe 1485 and the north twenty (20) feet of Lots 39, 40 and a
portion of Lot 41 deeded to said Palm Beach County for road right-
of-way as recorded in said official records in Official Record
Book 2584, Page 1018 and Book 3652, Page 531.
-.
. .
.;.
EXHIBIT A
LEGAL DESCRIPTION
P"':""""_
The Northeast one-quarter of Section 18, less the East
50.00 feet thereof and right-of-way for L.W.D.D. Canal L-20
and L-2l, together with the Northeast one-quarter of the Northeast
one-quarter of the Northwest one-quarter of said Section 18,
less the right-of-way for L.W.D.D. Canal L-20.
.-
Said lands situate, lying and being in Palm Beach County,
Florida.
-
CONTAINING 155.15 acres, more or less.
""\
r-:::
EXHIBIT A
LEGAL DESCRIPTION
The Northeast one-quarter of Section 18, less the East
==--=~~::~=::50.00 feet thereofandright-of-\;'ay for L.W.D.D. Canal L-20
~nd L-2l, together with the Northeast one-quarter of the Northeast
~-~~ one-quarter pf the Northwest one-quarter of said Section 18,
~ess th~ right-of-way for L.W.D.D. Canal L-20.
Said lands situate, lying and being in Palm Beach County,
~:Plor ida. ·
CONTAINING 155.15 acres, more or less.
/
~
EXHIBIT A
.
LEGAL DESCR,PTION
..
. .
The Northeast one~quarter of Section 18, less the East
-.:>0.00 feet thereofandright-of-.....ay for L.W.D.D. Canal L-20
rlnd L-2l, together with the Northeast one-.quarter of the Northeast
nne-quarter pf the Northwest one-quarter of said Section 18,
lesS the right-of-way for L.W.D.D. Canal L-20.
Said lands situate, lying and being in Palm Beach County,
....1orida. ;
.
CONTAINING 155.15 acres, more or less.
//
'.
- .-. "".._.....,.,,.. '..--,. -~::.'i"""""-.,.-.,.'''''''' _,_c C"_","'=,,",'_',=C _.~- ,~.....,- ,.~--
J;;X..JW3J.'.I'-A
LEGAL DESCRIETlUN
The Northeast one-quarter of Section 18, less the East
50.00 feet thereof and right-of-way for L.W.D.D. Canal L-20
and L-2l, together with the Northeast one-quarter of the Northeast
one-quarter of the Northwest one-quarter of said Section 18,
less the right-of-way for L.W.D.D. Canal L-20.
Said lands situate, lying and being in Palm Beach County,
Florida.
.
CONTAINING 155.15 acres, more or less.
. {. .
.
LAND TO BE DEDICATED TO PUBLIC
A parcel of land lying within the Northeast quarter of Section 18,
Township 45 South, Range 43 East, Palm Beach County, Florida and
being more particularly described as follows:
Commence at the Northeast corner of said Section 18; thence
South 88"05'52" West along the North line of said Section 18, a
distance of 60.06 feet; thence South 00"34'31" West along the West
Right-Of-Way line of Congress Avenue, a distance of 158.15 feet to
the Point Of Beginning;
Thence continue South 00"34'31' West, a distance of
218.00 feet;
Thence South 88"05'52" West, a distance of 600.00 feet;
Thence North 00"34'31" East, a distance of 218.00 feet to.
a point on the South Right-Of-Way line of proposed Miner
Road; Thence North 88"05'52" East along said proposed South
Right-Of-Way line, a distance of 600.00 feet to the Point Of
Beginning.
Containing 3.000 acres more or less.
Subject to easements and restrictions of record.
./
co
C"'oJ
=
Q..
.....
"ECOI\O 'JEpJFlEO c'"
" H COUNIV n1'
rALt.I BE~CB DUNKLE
JQH "run tOURT
CLERK Cln"
-
CD
-~
.;. .;
d
.'
WATER TANK SITE
A parcel of land lying within Section 18, Township 45 South, Range
43 East, Palm Beach County, Florida, and being more particularly
described as follows;
Commence at the Northeast corner of said section 18; thence
South 00"34'31" West along the East line of said Section 18, a
distance of 158.15 feet; thence South 88"05'52" West along the
South Right-Of-Way line of proposed Miner Road, a distance of
2975.44 feet to the Point Of Beginning;
Thence South 01"30'17" West, a distance of 503.68 feet.
Thence South 88"03'13" West, a distance of 165.00 feet.
Thence North 01030'17" East, a distance of 503.81 feet.
Thence North 88"05'52" East along said proposed south
Right-Of-Way line, a distance of 164.99 feet to the
Point Of Beginning.
Containing 1.905 acres more or less.
Subject to easements and restrictions of record.
,
WATER TANK SITE
A parcel of land lying within Section 18, Township 45 South, Range
43 East, Palm Beach County, Florida, and being more particularly
described as follows;
Commence at the Northeast corner of said Section 18; thence
South 00"34'31" West along the East line of said Section 18, a
distance of 158.15 feet; thence South 88"05'52" West along the
South Right-Of-Way line of proposed Miner Road, a distance of
2975.44 feet to the Point Of Beginning;
Thence South 01"30'17" West, a distance of 503.68 feet.
Thence South 88"03'13" West, a distance of 165.00 feet.
Thence North 01030'17" East, a distance of 503.81 feet.
Thence North 88"05'52" East along said proposed south
Right-Of-Way line, a distance of 164.99 feet to the
Point Of Beginning.
Containing 1.905 acres more or less.
Subject to easements and restrictions of record.
1:,
-
L,,",W~~N a NOBLE, ,,4<:.
CONSULTING ENGINEERS' PLANNERS, LAND SURVEYORS
1123 CRESTWOOD BOULEVARD. LAKE WORTH I FLORIDA 33~0. (305) ~2 - 8800
--
fOR: Lf?/fRY MELen~
~ETCfl /0 I1CCOMP,qNY
oescRIPTION
~.Norff; Li~_ol6'C'c. /8
fPo.c.
IVE. Cae Sec. 18
~
"
..5'o~/;' R/W tine
Prop. MINEif' RD." 6
O.
11.88005' 62 liE ~ ?\
.., /Gt/-,99' r,
'-.....S'.88Dc.
,.,29
~
':;~
~Clj
8~
lijl
r5~2 "W./ ~
75. 44-' I'
:~
'(s-
.~
"-
'J
~
,
OJ ,
~ ~
~ r!j
~
~
~
~
" ~
t:-
,...... "
~ t--
,......
C)
~ ~
<: ~
V)
,"
,
......
..
~ ~
" J2
tiJ ')
5'. 88003'/3"W,
", !G5,OO'
-
UPOA'ITS ""d!Ol REVIStOHS
DATE
BY CK'o JiQIt
THIS IS NOT A SKETCH Of" SlJRVEY, ~t l>'llr 0 ~,op/'Oc d~I"" r:J ItIe
dt:J.Crlptla\ Iohown ht-rt-on. Ttlt'r' has btcn I'tofl.ld wort I vf..i'"'9 of Ih.lrl.tbjecl
property. or rnON.l~ Nt i'l cOfl1ecflon with t.... preparation of thb
InfOfma1ion w-.:...n ....r.on.
-~-'
NOTE Londs .h~n ....,.on were not ob.trocted for right-o'-wo~ ond/Of"
'Q"'I"I\~I of rf'COrd.
::;~~82:!~:IDR~~,~.' ~/f::!?:!)L 1~E3"~EB.:l~~:.E~::02~-0~]~~~'n'~
,-
l.
'"
=
'"
""'"
t.r.l
C'J
=
0')
Lr.
6
~
:cc
~
a..
LL.I
en
......
=
~'
n,bO
, (
(T)
0...
=
o
=
(T)
c:l
AGRE:""'!ENT FOR HAT:::R SE?,VICE OUTSIDt
\..
rro~::"'
CI7Y LJ:,"!I':"S
t':i~ A'
This agreement, made on this I CO caay of C C',
19t':"~ by and between (! ,;<.. y ,// fa. /y) 1::' / -t."n..~
. hereinafter called the CUSTOMER, and the ctTY OF BOYNTON BEACH. a
municipal corporation of the state of Florida, hereinafter called
CITY.
,
the
WITNESSETH, that the CUSTOMER, his heirs and assigns, for and in
consideration of the privilege of receiving water service from the
Municipal Water system agrees~o the following:
. . .
1. The CUSTOMER agrees to pay all 'costs of engineering, Qaterial
labor, installation, and inspection of the facilities as required by
the'City Code to' provide service to theCU$TOMER'S premises. The CUS-
TOMER shall be responsible for installation and conformance with all
applicable codes, rules and regulations ofl all service lines upon the
CUSTOMER'S premises and all such lines sha~l first be approved by the
Director of utilities and subject to inspe~tion by the city Engineers.
The City shall have the option of eit.her ri=quiring the CUSTOMER to'
perform the necessary work or the City may'have such work performed in
.
which case the CUSTO~~R will pay in advance all estimated costs thereo
In the event the city has such work perfo~ed, the CUSTOMER will also
advance such add~tional funds as may 'be nepessary to pay the tot~l
actual costs. .
2. "Any main.' extension. made under thi~ agreement shall be used
,only by the CUSTOMER, unless peJ:1'llission is! granted bv the city of Boyn
Beach for other party or parties to so cOnPect pursuant to the Code
of the city of Boynton Beach. ."
3. Title to all mains;" e:;ctensions
from the city water distribution system
service the CUSTOMER shall be vested to
and Dther facilities extending
,
to' and including the meter to
th~CITY exclusively.
,4._ The 'CUSTOMER -agrees to pay all charges, deposi ts, and" rates
for service and equipment in connection wi.!th water service outside
the city limits applicable under city ordi~ances and rate schedules
which are now applic:able or as may be changed from time to time.
.5. ]my rights-of-way or ease..<lents necessary shall be provided
by. the customer.
'6. It is understood by the CUSTOMER,! and shall be binding upon
the CUSTOMER, his transferees, grantees, heirs, successors and assigr
that all wate:x:- to be furnished, - supplied, land sold under this agreemer
is made available from a. surplus._ If a s~rplus does not exist at the
time of CUSTOMER'S actual request" for co~encement of service, as
determined by the City's Director of Utililties,. then the city without
liability may refuse to initiate ~ervice to the subject pr~~ises. -
1 7. The CUSTOMER further agrees in cqnsideration of the privilegE
'" '{I of receiving water service from said CITY,I that the execution of this
~ '
..,~ Agreement is considered a 'voluntary petit~on for annexation pursuant
." :::l. "
to Sect~on 171.044 of the Florida Statute~ or any successor or amend~E
~ u ' ~,t.'1ereto. Furthermore, should any other g~neral law, special act, 'or
.:s g 'g local law be enacted which provides for vqluntary or consensual annex-
~,==-( "-:. a tion, this agreement shall also be consi~ered a petition arid request
": ~ :.... ~ for annexation under such other la\~s. Th~ premises shall, be subject
'~&': ci5 to annexation at the option of the City a~ any time they are eligible
:; _,g g under anyone or more of the above referericed laws concerning annex-
~;~ ~ ation. The legal description of the subj~ct premises is as follo\~s:
-':;.:l- :::J
-1-
,:6?
c.
(
, .4'
c...
q:l
Q
co
C"")
m
- ..-
.~.
'I'
-... ---- ........
---
.
,
, .
The customer acknowledges that this covenant for annexation
is.intended to be and is hereby made a covenant running with the Ian
hereinabove described. That this agreement is to be recorded in the
public records of palm Beach county, Florida~ and that customer and
all.subsequent transferees, ,grantees, heirs or assigns of cus,tomer
shall be bound by this cinnexation agreement-
"8. It is agreed that the city shall have no liability in the
event there i~ a reduction, impairment o~ termination in water servi
to be .provided ,under this Agreement due to any prohibi'tions, restric
tions. limitations or requirements of local. regional, state or Fed,
agencies or other agencies having jurisdiction over such ~atters_
the city shall bave no liability,in the event there is a reduction,
impairment or termination of water service due to acts of God. acci
strikes, boycotts. blackouts, fire. earthquakes. other casuC'.l.ties 0
other circumstances beyond the city's reasonable control.
9. The CUSTOMER hereby agrees to in~elnnify, .defend and hold
harmless the city of Boynton Beach, Florida, its Mayor. members of
city Council. officers, employees. and agents (both in their indivi
and official capacities) from and against all claims, damages, law-
. suits and expenses"including reasonable 'attorneys', fees (whether c
not incurr~d on appeal or in connection witbpost judgment collect:
and costs arising out of' or resulting from the CUSTOMER'S obligati'
under or performance pursuant to this Agreement.
10. No prio:!: or present agreements or representations shall b
binding upon any of the parties bereto"unless incorporated in this
. agreement. No modification or change in .this agreement shall be ,
or binding upon the parties. unless in writing executed by the par1
to' be bound thereby.
IN WITNESS WHEREOF the parties hereto have executed this agrl
ment the day and year first writ~en-
WITNESS:
I
r~:_e:.~ DV ;'Yt;--'~
Customer
", .........
~$j:R
ATT~".:. ..~
~:-~~,-
, , city cle 'c.'",
,'.;>
," ( . II"
lJ. .
.
,
I
, .
!
-.
..
>.
.Q
'Cl
Q)
'"
ru..s:: lO
Q. 0 ~
Q)ltlOJI<'\
'" CD 0 1<'\
Odtl 'rl
4-t .
-g 8t3 ~
CJ +J CI) ...
S c - ..c
::J >. 1'<00
l-I 0 OJ.-I",
..... III 0>1<'\ OJ
Ul "'~
C \j.j C
'.-I 0 '" XC
.;:E; 00
Ul >. lIl.....
'.-1 ..... .GO S,
..c..-I.... .0
:-< U C) P-.lIl
L/')
0..
c::b
c;:)
o::l
('I")
CO
/
/., /., /7J'
-Ylh~?t~f
:.-9 ~ y.....-
~
,L=G~~ DESCRI?TION APPROVED
BY ENGINEERING DEPARTM~T
FORM APPROVED BY CITY ATTORNEY
,.-
STATE OF
COUNTY OF
f1~~
I HEREBY CERTIFY that on t~is day; before me. an offi~er duly
authorized in the state aforesaid and in~he,tfunty aforesaid to takl
ackn~}.':.dp~m_eX:9 ~ persona:)..ly a,pp:ared LDX.ill7'l' '
~. '. '., to me known to be the person
described in and who executed the fOre9'ot~st:rument;,and" ,~
acknowledged b,efore me tha~ _ executed the same.
','1"
. ""'.
WITNESS my
aforesaid this
h/~~C~;l
ty o;nd, Etat.'e.~' " t
, :'.' ':) I j.'J 19 .
-. . ,
- ' -
". ~- :J') . :: - :;:
': L)
, P 1" (/ " ',' ~
ry.:'1c J '7" . ....-) .;~
HOT;' RY ?113l!C, ST 'kif ci: Flci'~:I,\',:r 'L~~GE
MY cm,~;.,;~SS!Oti [)',F:?E'S)!.E\_E ";.1. 1:~...,,'"
BON2:::D in~::'V:;~ yt.:=:-Si<.r-;..Z!.rr.~_I~-
"
STATE OF )
COUNTY OF )
Florida
Palm Beach
I HEREBY CERTIFY, that on this day, before me an officer duly
authorized in the state and county aforesaid to take acknowledgement
personally appeared '.- Walter 'Marty' Trauger and
Tereesa Padgett we.i...L known to me to be the president
and Secretary respective~y of the corporation named in the foregoing
agreemerAt and that they severally acknowledged executing the same in
the presence of two 'subscribing witnesses freely and voluntarily
under authority duly vested in them by said corporation and that the
seal affixed the~et(Lis__the--true corporate seal of said corporation.
WITNESS' my hand'
aforesaid this
and- 'official
13 I day' of,
seal in the County and statelas~
September , 1982
lie',,;'
: -" .,
:-b~;,ry Y-L!biit. S~~l~ oJ flc~dir at ta':~= -
l,!y Ccmmissi:;n E:q:ire~ !..i~..i:3",'1)i3'
h..:::!s.:! 5y Aro>.1(..IfI fiN &. ~lIalt:,.o;..."~1
- _....1. 1.
.
c
:~ ...
-3-
. -.'.-..:....;.".
. ; ''':-~';'~i'i'".
. "
co
-
a..
=
C)
co
~
co
- ...,-
... ."". ,
,.
,
DESCRIPTION:
4,'I/f
The northeast one-quarter of Section 18, Town-
ship 45S, Range 43E, less the e~st 50.00 feet thereof
and right-of-way for L.W.D.D. Canal L-20 and L-21,
.
together with the northeast one-quarter of the northeast
one-quarter of the northwest one-quarter'of said Section 18
less. the right-of-way for L.W.D.D. Canal L-20o
Said lands situate, lying and being in Palm Beach
County, Florida.
Containing 155.15 acres more or less.
Rt.'"CCRD 'JERIFIEO
PAW BEACH COUNTY, FLA
JOHN B. DUNKLE
CLERK CIRCUIT COURT
APPLICATION TO THE CITY OF BOYNTON BEACH
FOR LAND USE AMENDMENT
AND REZONING
Date
7- /7-- 8~
PLEASE PRINT OR TYPE
1. Name of Applicant CARILLA, LARRY W. & MICHAEL R, MELEAR
2. Name of Owner of Property Same as above
(please indicate name or names as it
appears on the Deed)
3. Address of Property NA
4. Legal Description of Property:
SEE ATTACHED EXHIBIT A
5.
How is the property presently zoned? Agricultural (Unincorporated) (PBCo.)
8.
What is the land use shown on the future land use plan for the City
of Boynton Beach? Medium to medium hi~h rp~inpnri~l I '
- r:::i. '-VI
How do you want the property to be rezoned? Planned Unit Development~ .be
l.
What do you want the future land use plan for the City of Boynton
Beach to show? Moderate density residential
How will the property be used after this land use amendment and
zoning change? Mixed residential development including single family
6.
7.
9.
residential townhouses, and garden villas
IMP 0 R TAN T
Before any application for Land Use Amendment, zoning or re-zoning will be
considered by the Planning & zoning Board and the City Council, a scale
sketch or tracing clearly indicating the property to be re-zoned must
be attached to this application. This sketch must show surrounding
streets and property within a distance of 400 feet of the property to
be changed. If the sketch is not attached your application cannot be
considered.
A $300.00 fee must accompany each application.
Any reason you may have for requesting this land use amendment and zoning
change may be indicated in an attachment to this application.
Slgnatur ESQUIRE
8th Floo
Address
2000 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33409
(305) 689-9595
Telephone Number
I hereby grant permission to the Plannin
a sign on the above described premises
zoning has been requested.
,
. '
EXHIBIT-A
LEGAL DESCRIPTION
The Northeast one-quarter of Section 18, less the East
50.00 feet thereof and right-of-way for L.W.D.D. Canal L-20
and L-2l, together with the Northeast one-quarter of the Northeast
one-quarter of the Northwest one-quarter of said Section 18,
less the right-of-way for L.W.D.D. Canal L-20.
Said lands situate, lying and being in Palm Beach County,
Florida.
.
CONTAINING 155.15 acres, more or less.
..
.. I;
l.
,
!;
,:
:'
"
"
::
I'
"
~
~
CITY OF BOY~TO~ I3EAGI. FLOHIOA
APPLICATION FOR 1\NNEXflTION
J,
:, DATE APPLICATION FILED:
j'
'j
:j DATE OF TENTATIVE APPROV1\L:
I;
.! I
I; D1\ TE OF COMPLETION OF ANNEXA TION REPORT:
l.
"
i: DATE OF ORDINANCE PROPOSAL:
Ii
:; DA TE OF ORDINANCE ADOPTION:
i!
I,
Ii DA TE OF REFERENDUM IF REQUIRED:
!I
I' RESULTS OF REFERENDUM: FOR
i DA TE ANNEXA TION BECOMES EFFECTIVE:
"
Ii DO NOT WRITE ABOVE THIS LINE.
" ,.
,
,
,
,
i
I
,
1
: Name of Developer/Owner: CARILLA, LARRY W. & MICHAEL R. MELEAR
REJECTION:
ORDINANCE #
REJECTION:
AGAINST
FOR DEPARTMENTAL USE ONL.
GENERAL DATA
'I' Area of Subject Property: Sq. Ft. or 155.158
more or less
II Estimated Present Population: One (1) unit per 5 acres
,i " . Agricultural, 5
Ii EXistIng Zomng: (Palm Beach County) DenSity Allowed: One (1) d. u. Is/acre
II Proposed Zoning: 6.5 units / acre Density Allowed: d. u. Is/acre
11
'I EXISTING UTI LITIES
I
!
I
!
,
Acres
NA
Water:
Wastewater Collection:
Solid Waste (garbage):
,
II
"
I,
r
II
II
,I
I!
:'
"
I:
II
'i
I,
h
';
:1
A-2
j!
I!
AGREEMENT BETWEEN CITY OJ.> BOYNTON BEACH
AND THE MELEAR FAMILY FOR
CONSTRUCTION-DLBOADWAY IMPROVEMlllil'S
THIS AGREEMENT, made this day of :;.e.b. ,
198~_, by and between the CITY OF BOYNTON BEACH, a Florida
Municipal Corporation of 120 N.E. 2nd Avenue, Boynton Beach,
Florida 33435, hereinafter referred to as "The City", and Carrilla
Melear, Larry W. Melear, and Michael R. Melear c/o Larry Melear
of 756 Rider Road, Boynton Beach, Florida 33435, referred to
as "Owners".
RECITALS:
WHEREAS, the Owners have requested the City to annex approxi-
mate1y 154.56 acres West of North Congress Avenue between the
L-20 and L-2l Canals; and
WHEREAS, the Owners have requested the City to rezone the
property to a Planned Unit Development, and to amend the City's
Comprehensive Plan to reflect moderate density residential to
allow 6.5 units per acre~ and
WHEREAS, the annexation, rezoning, and Comprehensive Plan
Amendment have been approved by the City; and
WHEREAS, pursuant to Chapter 171, Florida Statutes, the
City and the Owners are desirous of having Palm Beach County
waive the 2-year waiting period for annexation requests; and
WHE~EAS, the City, and the Owner have agreed, based on
imput from Palm Beach County to make certain roadway improvements
in order to comply with the Palm Beach County Traffic Performance
Standards of th~ Palm Beach County Comprehensive Plan.
~~
NOW, THEREFORE, in consideration of the mutual promises
made by the parties hereto, and other good and valuable consider-
ation, the receipt of which is hereby acknowledged by the parties~
the parties hereto do covenant and agree as follows:
1. The Owners shall dedicate 108 feet of right-of-way
for Miner Road, and construct Miner Road across the project's
North property frontage.
2. The Owners shall reimburse Palm Beach County for the
cost of constructing left turn lanes at the projectls entrance
on Congress Avenue, and at Miner Road. It is understood that
these turn lanes will be included in the Congress Avenue 4-laning
project currently under contract by the County, and that Palm
Beach County will bill the Developer for this work, based on
unit prices, at the time of Congress Avenue construction. Reim-
bursement to Palm Beach County for said road work will be due
prior to the Owner's or their assigns pulling the first building
permit.
3. The Owners shall construct right turn lanes on Congress
Avenue at the project's entrance, and at Miner Road, said turn
lanes to be constructed at the time the project's entrance road
and Miner Road are built.
4. The Owners shall pay the cost of signalization at the
following intersections, when and if warranted, as determined
by the County Engineer:
a. Congress Avenue and Miner Road;
b. The entrance road and Miner Road;
c. The entrance road and Congress Avenue.
5. The Owners agree to pay the "fair share impact fee"
to the City upon issuance of building permits as they relate
to the number of units for which the building permits are being
issued.
6. The project development shall be limited to fifty percent
(50%) of the residential units approved on the subject property.
The balance of the residential units and all of the commercial
property shall not be issued building permits until such time
as Lantana Ro~d and Hypoluxo Road are constructed as 4-lane
~....
facilities from 1-95 to Congress Avenue.
7. This Agreement is subject to the approval of a
resolution by the Palm Beach County Boarq, of County Commissioners
of a waiver of the 2-year requirement, pursuant to Chapter 171,
Florida Statutues.
IN WITNESS WHEREOF, the undersigned have hereunto set their
hands and seals the day and year first written above.
~-r=-
SIGNED, SEALED and DELIVERED
IN THE PRESENCE OF:
71J4~~-Y~~
~. /1.dfe,17
?;'J~M"'."
:m-~I ;~~
~if;;:~~d ,
As to Michael R. Melear
~
~
.,...,..
CITY OF BOYNTON BEACH, a Florida
M,oieipal co,po,a,~, '~
BY: '~~~7
~ayor it2 '
'ATTEST: ~~ _ " ~
City C7~
ea....~.//.~~ . hv/~
CARRILLA MELEAR
':::::f' ~ G.j 'f\.\ ~
L~R'; w. M~AR '
Ml!i;!;t;! 7J!J..--
STA TE:\TE:\'T OF USE
;; Existing Use:
/:
I
I'
.
VACANT
r
;: Proposed Use: Mixed residential development including' single
I.
" f
i! amily residential lots and homes, garden apartments;toWhhouses
and villas.
.. l'
-.. '" ..
r
;j
';
n
'I
!:
I:
"
I'
F
il
II
'I
II
Ii
/1, Express in your own words why this annexation will be beneficial to Boynton
1:1",1 Beach, Florida:
The annexation of this property will allow the City of Boynton
Ii
II
I!
'I
Ii
II
II
II
il
i'
II
II
II
I!
Ii
I:
I,
F
I ~
!:
JUSTIFICA TION
Beach to square off its boundaries and to add property' to its
municipal limits, which are the subject of an Annexation Agree-
ment between the oWner and the City.
EXACT LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED
SEE ATTACHED EXHIBIT A
"
I!
I'
/;
:
!j I
"
,
I,
J
,
, I
..
,
..
..
;:
I
r ^-3 j
Florida, the County Administrator, and the County Director of
"
" .
Planning, zoning and BU1lding.
'!
section 3:
That this Resolution shall take effect
'I
"
.,
I immediately upon passage.
:,
"
"
/~ day of
!/or!ev?b€y
"
PASSED AND ADOPTED this
,
~ I
1983.
"
.;
"
iI
"
Ii
I'
r
I,
I'
,I
:!
Ii
I
I
".
Ii
!I
"
I'
,I
1;
il ATTEST:
,I
d
:1
"
!,
"
'I
I,
il
i[
11
"
Ii
"
'I
i!
c,11!iI~
,,,..-
(Seal)
"
"
"
"
"
- ---., -- ~""""""-'-""-~.~'~'"""",-,,,~-,,".,
,
CITY OF BOYNTON BEACH, FLORIDA
~
r d i:"~~d~~~
V;;lY ()~k ' .
C CIL z.lill-IBER
.'
1
.
A-5
APPLICANT'S CERTIFICATION
,
~
~
(J) (We) affirm and certify that (1) (We) understand and will comply with
the provisions and regulations of Boynton Beach, Florida Zoning Code.
(I) (We) further certify that the, above statements or diagrams made on any
paper or plans submitted herewith are true to the best of (my) (our) knowlecge
and belief. Further (I) (We) understand that this application. attachments,
and fees become part of the Offidal Records of Boynton Beach, Florida
and are not returnable. ,~
-'
APPLI CANT IS:
-
Own e r
"
Optionee
ALAN J. CIKLIN, ESQUIRt~: .'
Type Name of Applicant
Lessee
8tth Floor - The Concourse
2000 Palm Beach Lakes Boulevard
Street Add res s
,
West Palm Beach, Florida 33409
xxx
Agen t
Ci,ty and State
Contract Purchaser
305/689-9595.
.Telephone Number
-
o.
!
I
A-S
AFFIDAY.lT
STATE OF NORTH CAROLINA
COUNTY OF MACON
Before me, the undersigned authority personally appeared
Michael R. Melear, who being by me first duly sworn, on oath
deposes and says:
1. That he is the fee simple owner of the following described
property, to wit:
See Attached Exhibit "A"
2. That he desires annexation to Boynton Beach, Florida.
3. That he has appointed Alan J. Ciklin to act as agent
in his behalf to accomplish
the above. / - i'
/' //} . 1 /' /'7 /
/l /J /1 /' ,-/ .' h' ./ / /
all// F // /}, r./-/ iY~~
/' /" / ,/,_,".,/.// / I
Affiant
Sworn to and subscr,ibed before me
. - I d " 1
th~s -~, ay of ;CL~, , 983.
/1
./7' .'.:--......
{
'-'./
c~ ....1,( :""1
I
Notary Public
My commission expires: " I j~.' .\
18 January 1983
City of Boynton Beach
120 N.E. 2nd Ave.
Boynton Beach, F133435
Re: Authorization of Alan J. Ciklin and/or Boose,
Ciklin & Martens Law Offices to act as our agent
for rezoning
Gentlemen:
I, the undersigned, hereby authorize Alan J. Ciklin
and/or Boose, Ciklin & Martens Law Offices to act as our
agent with full authority regarding the rezoning application
on the property described on the attached exibit to this
letter.
Sincerely,
ByP /,~IU ~
Carr ilIa Melear
By CX;~ M7I~
Larry W. elear
15 January 1983
City of Boynton Beach
120 N.E. 2nd Ave.
Boynton Beach, Fl 33435
Re: Authorzation of Alan J Ciklin and/or Boose,
Ciklin & Martens Law Offices to act as agent
for rezoning
Gentlemen:
I, the undersigned, hereby authorize Alan J. Ciklin
and/or Boose, Ciklin & Martens Law Offices to act as our
agent with full authotity regarding the rezoning application
on the property described on the attched exibit to this
letter.
Sincerely
By
?It..{
,
7Pl/iL
,
Mike R. Melear
...
Prepared by ,nd Rel _n to:
ALAN J. CI~tIN, ESQUIRE
Boose, Ctklin & Martens
8th Floor - The Concourse
2000 Palm Beach Lakes Boulevard
West Palm Beach, ,Florida 33409
: .
WARRANTY DEED
r^L THIS WARRANTY DEED made and executed the ~ day
of ~V. A.D., 1984 by CARRILLA MELEAR, LARRY WAYNE
MELEAR, and MICHAEL RAYMOND MELEAR, hereinafter called the
Grantors to CITY OF BOYNTON BEACH, a Florida Municipal Corporation,
whose post office address is P. O. Box 310, Boynton Beach,
Florida 33425-0310, hereinafter called the Grantee.
WITNESSETH: That Grantor for and in consideration
~ of the sum of $10.00 and other valuable consideration, receipt
~_ whereof is hereby acknowledged, by these presents does grant,
\:I" bargain, sell, alien, remise, release, convey and confirm
unto the Grantee, all that certain land situate in Palm Beach
~, County, Florida, viz:
"t.
SEE ATTACHED EXHIBIT "An
'_D
\_~ SUBJECT TO:
1) Zoning and/or restrictions or prohibitions imposed
by governmental authority.
3) All other restrictions, reservations, covenants and
easements of public record.
~
'-
~
~
4) Rights-of-way of record.
5) Taxes for the year 1984 and subsequent years.
~-
6) Within six (6) months from the recordation of this
Deed, Grantee shall fence the above-described property and
buffer the property with trees that when fully grown will
provide a visual buffer from the water repump facility planned
for construction thereon.
~
<:;;{}
~
<0
7) In the event Grantees locate another site, other than
the above-described property, for the water repump facility,
the property shall revert to Grantors, their heirs, successors
or assigns.
Together with all the tenements, hereditaments and appurten-
ances thereto belonging or in anywise appertaining.
To have and to hold the same in fee simple forever.
And the Grantors hereby covenant with said Grantee that
Grantors are lawfully seized of said land in fee simple; that
Grantors have good right and lawful authority to sell and
convey said land; that Grantors hereby fully warrant the title
to said land and will defend the same against the lawful claims
of all persons whomsoever.
IN WITNESS WHEREOF, the said Grantors has signed and sealed
these presents the day and year first above written.
Signed, sealed and delivered
in the presence of: '
/ '?j,l
/ /'/'~~' \,/:!i/!)/:; I'i '/ ",. ,.,r,./ 1\ \. <. (~.:.':-_
~ ij/l (/ /j' 'li (, ( {' /.~---:-~-:/- CARRILLA MELEAR
_, " I..... .....' ) I '. r-!()T!-.VY r'.)';.'::, ;1' ~"i c~ jl"(<'J':'A AT L~RGE
As to Granto):- \ II,Y C\ '<' ,\. :.;co' \,,5
) Ii '- ^", - .\ ' I-\'/
\ . v -" .h,""~,,,,---,"V\'.1 _"'-..,.M,; ,:! 1.;:~",,';.J1~i\S
t.....L(, ''\. --,' ,~,-"-,,, ~ "''';,
.
(i '\ C\" \.\' 0 ~ ~
/' \,(;"-.(,':"\ oJ ,,,~\.,~""":'->',)~
(I Ii 'i i) ) / ( (! j I (
As-to Grantor
I.
I
()
STATE OF
COUNTY OF
;--'(l \, \.C (/ l)l( C ({~ \
LARRY WAYN~ MELEAR '
1(d::!r~fi~
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State and County aforesaid
to take acknowledgments personally appeared CARRILLA MELEAR,
known to me to be the person named as Grantor in the foregoing
deed, and that she acknowledged executing the same in the
presence of two subscribing witnesses freely and voluntarily
for the purposes expressed therein.
WITNESS my hand and
and State last aforesaid this
1984.
1,:';~,~.t,Y r ":>.: .:,~-~: .,:.; i',_: ,':'. 1'..7 U.~GE
','.'1 c:",:.' i_~;:::'.; ~ '. _u '__.' ., ,- ~S
t,O:,:':~:' ~,l' J '.:~ :- .:;;$
STATE OF
COUNTY OF
official seal in the County
/ day of :}fh
-1
J ~ "~;
-1--:;'1-. ,/<, rl('/~<f.c
Notary Public ~
My Commission Expires:
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State and County aforesaid
to take acknowledgments personally appeared LARY WAYNE MELEAR,
known to me to be the person named as Grantor in the foregoing
deed, and that he acknowledged executing the same in the presence
of two subscribing witnesses freely and voluntarily for the
purposes expressed therein.
WITNESS my hand and
and State last aforesaid this
1984.
STATE OF ,; '(
COUNTY OF
I ,'~, ",I ':./
ot:ficial seal
/ day of
in the County
;,
,
J
/
,J ' . ,
j, ,',
Notary Public
My Commission
I)
-',I- ."
:I ' '. { .i It...
;'
'-
,
',-
Expires:
~c. .:' - '..'.,....::;:
, ,
r:... __
-:~ ,.; ;: =;
<___ . - ~ I I '.:...._ ~.:...<_:"-~=S
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State and County aforesaid
to take acknowledgments personally appeared MICHAEL RAYMOND
MELEAR, known to me to be the person named as Grantor in the
foregoing deed, and that he acknowledged executing the same
in the presence of two subscribing witnesses freely and voluntarily
for the purposes expressed therein.
WITNESS my hand and
and State last aforesaid this
1984.
official seal in the County
.'/ day of' .,
"
/' ,
/. ~:~, < '.' ,
/~
Notary Public )
My Commission Expires: {: -I'i.J-
U1
o
Cl
fTl
::t-
O
::t-
OO
t-
M
N
::c
c....
CO
N
co
u.J
u.... ,
-=r I
~ }
rv--O
\1- /
~YJ
l.J"')
C'-..J
C)
CL
.......
~
CD
Prepared by and ~:
ALfu~ J. CIKLIN, ESQUIRE
Boose, Ciklin & Martens
8th Floor - The Concourse
2000 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33409
,-fJ>
{i, Jf~1 r
WARRAN'I'Y DEED
1 THIS WARRANTY DEED made and executed the day
of ~n. A.D., 1984 by CARRILLA MELEAR, LARRY WAYNE
MELEAR, and MICHAEL RAYMOND MELEAR, hereinafter called the
Grantors to CITY OF BOYNTON BEACH, a Florida Municipal Corporation,
whose post office address is P. O. Box 310, Boynton Beach,
Florida 33425-0310, hereinafter called the Grantee.
WITNESSETH: That Grantor for and in consideration
of the sum of $10.00 and other valuable consideration, receipt
-whereof is hereby acknowledged, by these presents does grant,
bargain, sell, alien, remise, release, convey and confirm
unto the Grantee, all that certain land situate in Palm Beach
County, Florida, viz:
SEE ATTACHED EXHIBIT "A"
SUBJECT TO:
1) Zoning and/or restrictions or prOhibitions imposed
by governmental authority.
3) All other restrictions, reservations, covenants and
easements of public record. '
4) Rights-of-way of record.
5) Taxes for the year 1984 and subsequent years.
6) No building construction on the above-described property
shall exceed two (2) stories in height.
7) Grantees shall maintain a 40-foot landscaped buffer
between the above-described property and the adjacent residen-
tially-zoned property on the South and West boundaries.
8) There shall be no open storage.
./
9) In the event the above-described property ceases being
used for governmental purposes, it shall revert to Grantors,
their heirs, successors, or assigns.
Together with,all the tenements, hereditaments and appurtenances
thereto belonging or in anywise appertaining.
To have and to hold the same in fee simple forever.
And the Grantors hereby covenant with said Grantee that
Grantors are lawfully seized of said land in fee simple; that
Grantors have good right and lawful authority to sell and
convey said land; that Grantors hereby fully warrant the title
to said land and will defend the same against the lawful claims
of all persons whomsoever.
IN WITNESS WHEREOF, the said Grantors has signed and sealed
these presents the day and year first above written.
\"
j
~5';
"
n;: 4:)
<, -
~~. <=:>
~C>
=~ -.:!"
-. " , : .' ~ ..
l..'> r;:':..di
,~Il ~.'::,:c~
STATE OF FLORIDAn
c::Q~UMENTARy~-,'jTAMP TAX'j
.__~Y:. ur ItH'fNuE{":~'=e::::"'"-:-----"-----'1
'- I'{<>-[- .,,\ '
. =: ffen"" ~~~,-';:: 0 0 4 5 ~
~ -- .~~.- _~:(2:j:;;/ - . "__.
~TU.ev
-,--
,'C) -
Co
:!:. 0'">
I" '
[' :5(:
~:" ,'11, '~;;L:: ,-:~::dJ ::L-n~
Signed, sealed I,and djl,1'Ve~ed
in t, h~(preJ;,enc~ of:.? :.1: i
// \ ):s-~^; '5~N"-{\JJ1 .
f,<,,i __ ,/~, ;' (U;);[II 'j,t-/tiJ!./-(
1'/ j')' u" rT
J ": ': /;1 I '/ i ~! . .~,' -~-, ....J
\./ "i i( J) ( .I ' I J (,.' l~
"
As to,r-Gra,ntor ,f' 'Q)//
'6" I C'".... ....J,
/, -J:) f'. :) I 'JI'''':'-.1 '.J '
i/ t ~ _____./ '. -, 'I, I.
':{" ,i~ ,/', ,,'C.{/(f._,"-, y/v-av.+
/1 /' , "I " ,J i r>;
,. ", I ,
I ;,' ; f -:' // . /; Ii r t .t
As to Gr'antor' ~. v
STATE OF
COUNTY OF
,(
11";7:..~ .../-:'6.':." ~ t....l-~-l~/~..J.'
CARRILLA MELEAR
. iJ t{), iJlJ. t
~.. ,,'
aCZAA/.f QIv;/ rJ ;' A;l
L!/ARRY W;YNE MEIiEAR' ' "
;ift/L/R~
MICHAEL RAYMOND ELEAR
~-
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State and County aforesaid
to take acknowledgments personally appeared CARRILLA MELEAR,
known to me to be the person named as Grantor in the foregoing
deed, and that she acknowledged executing the same in the
presence of two subscribing witnesses freely and voluntarily
for the purposes expressed therein.
WITNESS my hand and
and State last aforesaid this
1984.
STATE OF
official seal in the County
I day of "':';"'[J f.,._
/ '=
/ , -;;i ....,...->...;;~:.....,'".:>
____Y. \....b . /} . ~~~ ().~.' :-~ . .~.i;,
1//;//)/" ,/, . Ci...-t./K.fJ,:, .(._ {.). e-
t' . (J' -,. ~ '- ,~
No ary Publ1c ,~ _.,: ;(~.: -J : o~,
My Commission Expires :", ;-" 0 J <:0 , :;:;!:,
, ' -" -. ""',.
. .... . .......J ~-._ . to
NOTr\RY Pl'llUC STATE Or flORIDA AT ~P.G~ ..<,~.. ;.; . ,.."<. ~.
N,y CO'\\10.JSSIOt~ Ei.?JRES ri::3 4 1985 . 'h._"~'~<'<
L(;:..D~D TH:::'iJ G~N~RAL 1:-'':5! U,"'JC,ERWRIHRS ,) \
COUNTY OF /
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State and County aforesaid
to take acknowledgments personally appeared LARRY WAYNE MELEAR,
known to me to be the person named as Grantor in the foregoing
deed, and that he"acknowledged executing the same in the presence
of two subscribing witnesses freely and voluntarily for the
purposes expressed therein.
WITNESS my hand and
and State last aforesaid this
1984.
'D
<'-J
=
0-
..-.
..:T
CD
official seal in.the County
/ day of ,~;.A ' ,
.-;
/ f' *1, ':"'fy;
/r", J,'!( /_ ..-/1,'" . ~
Notary Public .:.i .~;. g;',.
My Commission Expi"res :.'.:.:! " '"
. ':_ -.., k~ J h.!:.], . ~~:
....'\ " l.
i~Oi \:~'i fl:'l!( Sr.~-;E Cr aO;"1CA A)~.J.;.r;~ -~ ,. .:, ~_'~
1,','( Lv,' .'IS:d':':~ ~.\' ..~s ~~~ ..; 1955 . ..,
.........-. '.
[C{l~' :;~;~...: C~ ;~;':"; ,5. _t,':.':'::.'.,u-/E;:S
STATE OF I'/C
COUNTY OF ,11,1 <0-"/
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State and County aforesaid
to take acknowledgments personally appeared MICHAEL RAYMOND
MELEAR, known to me to be the person named as Grantor in the
foregoing deed, and that he acknowledged executing the same
in the presence of two subscribing witnesses freely and voluntarily
for the purposes expressed therein.
WITNESS my hand and
and State last aforesaid this
1984.
official seal. in the County
,) 4- day of ,Lh0'c""~, ' "
/ JJ:", :'
/}/,I,_ / 17 (;J.."~~.~..'<,.' ,:," ",::~"
/A-c_o.+- ,v ~,.," .' -.'~-
Notary Public =' ; -:". ,,:." v.~
- . , , ~ . .(-
My Commission' Expires; :4;I.J;<'Jo" i :;~-
~<2:~~'~{~;',:>:~~c~
";,,,.
/'
"-
'"
=
CL
ro-
-=t-
co
Prepared by Qud Retu~" to:
ALAN J. CI$tIN, ESQUIRE
Boose, Ctklin & Martens
8th Floor - The Concourse
2000 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33409
WARRANTY DEE]}
r~l- THIS WARRANTY DEED made and executed the ~ day
of ~V. A.D., 1984 by CARRILLA MELEAR, LARRY WAYNE
MELEAR, and MICHAEL RAYMOND MELEAR, hereinafter called the
Grantors to CITY OF BOYNTON BEACH, a Florida Municipal Corporation,
whose post office address is P. O. Box 310, Boynton Beach,
Florida 33425-0310, hereinafter called the Grantee.
WITNESSETH: That Grantor for and in consideration
of the sum of $10.00 and other valuable consideration, receipt
whereof is hereby acknowledged, by these presents does grant,
bargain, sell, alien, remise, release, convey and confirm
unto the Grantee, all that certain land situate in Palm Beach
County, Florida, viz:
SEE ATTACHED EXHIBIT "A"
SUBJECT TO:
1) Zoning and/or restrictions or prohibitions imposed
by governmental authority.
3) All other restrictions, reservations, covenants and
easements of public record.
4) Rights-of-way of record.
5) Taxes for the year 1984 and subsequent years.
6) within six (6) months from the recordation of this
Deed, Grantee shall fence the above-described property and
buffer the property with trees that when fUlly grown will
provide a visual buffer from the water repump facility planned
for construction thereon.
7) In the event Grantees locate another site, other than
the above-described property, for the water repump facility,
the property shall revert to Grantors, their heirs, successors
or assigns.
Together with all the tenements, hereditaments and appurten-
ances thereto belonging or in anywise appertaining.
To have and to hold the same in fee simple forever.
And the Grantors hereby covenant with said Grantee that
Grantors are lawfully seized of said land in fee simple; that
Grantors have good right and lawful authority to sell and
convey said land; that Grantors hereby fully warrant the title
to said land and will defend the same against the lawful claims
of all persons whomsoever.
IN WITNESS WHEREOF, the said Grantors has signed and sealed
these presents the day and year first above written.
Signed, sealed and delivered
in the presence of:
J!,/
/-(",1 ,> "71"/1/// j" '/ ""
CU,; i" ;';'Ji 'J' 'I) i (I' TI-;/-.-,,-:-~- J - CARRILLA
_~_~~~_'. ~OT'-V~ rx~::- ;"0"':'1 c~ ~~C~I:-A AT L-'\RGE
As to G-rantor- \ /I,y C\"" ;~. ..", 1,,5
\) , ~, /__. B():,~.::.,\i) =,1. ., ... ",kRS
"-.\.,( ," .J i". 'J."'~' .-'.
l .r. j _L~~~ (:_~.~___
MELEAR
- \ I' ^
(? \ C:" \"0~ii
" ,r\ ) ". ,,' .'.. ). t'
,- \, ,,'-.(, ,. '<'V'-'C ""
( I hi i. ;' ) / ( ! I / J (
As~to Grantor
i
" ,/
y
--~-7
7J7~ - - :zt_Pif'
As to Grantor
STATE OF
COUNTY OF
~ll.l.C I' I Kc r,{~ \
LARRY WAYNIt MELEAR
~
1t~!r~fi~
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State and County aforesaid
to take acknowledgments personally appeared CARRILLA MELEAR,
known to me to be the person named as Grantor in the foregoing
deed, and that she acknowledged executing the same in the
presence of two subscribing witnesses freely and voluntarily
for the purposes expressed therein.
WITNESS my hand and
and State last aforesaid this
1984.
h=~;-,t,r' ~ .
- ~~ -: .~;: ~,.-,',,,,
. - ~ ~ '.~., --,', -'
A 7 L~,~GE
I;. Y .:::::, ,:' i _ ~ j::.; ~,.:
.5
bO:,,:::_J -:,i'J:::_, _;.:. ~'_ _ - -~?5
STATE OF
COUNTY OF
official seal in the County
J day of :j I h ,
-"/ ';~- /,
\ - I ~ .
Notary Public
My Commission
..,
j
/' ( (.~ (tc
,./
Expires:
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State and County aforesaid
to take acknowledgments personally appeared LARY WAYNE MELEAR,
known to me to be the person named as Grantor in the foregoing
deed, and that he acknowledged executing the same in the presence
of two subscribing witnesses freely and voluntarily for the
purposes expressed therein.
WITNESS my hand and
and State last aforesaid this
1984.
STATE OF, L
COUNTY OF '; ,-', - >'
Official seal in the County
/ day of -: " /, ,
'j
/
/ ' ' .
, "
Notary Public
My Commission
."-j
...//. /
,/ ' " (if"
"
Expires:
.'- "-,,,:;::::
I'." '
-::; ...; ~::..
r:..
.-~II'---~ ~".__',_~:j
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State and County aforesaid
to take acknowledgments personally app(,ared MICHAEL RAYMOND
MELEAR, known to me to be the person named as Grantor in the
foregoing deed, and that he acknowledged executing the same
in the presence of two subscribing witnesses freely and voluntarily
for the purposes expressed therein.
WITNESS my hand and
and State last aforesaid this
1984.
official seal in
_"L( day of . ,
the County
r,
/, ,
,/ - <'- ~ ,"
!
Expi res: t.:
/.J- /..J-
:'~-
Notary Public
My Commission