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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. 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'" [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