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LEGAL APPROVAL _.. .~.....- --=---- ~- - - MEMORANDUM i:i; ~ l...i 1.,( I , ! ..--... 1,-- -- I - i'c . Z~. ._~-..r....._.-..... TO: BULENT KASTARLAK, DIRECTOR OF DEVELOPMENT FROM: SUE KRUSE, CITY CLERK DATE: FEBRUARY 4, 1998 RE: EASEMENT - RIVERW ALK PLAZA JOINT VENTURE Attached please find a copy of the above mentioned easement which was recorded in Palm Beach County on February 2, 1998. ~;,~ C: Planning Director Engineering Utilities City Manager Central Files mas j :Ishrdatalcclwplmemoslkastarlak.doc , '''''I. ",,,..,,, ,,.,, , ,,,w,,..,,~ ,~, ' Ot<fI 1132136. Pg 113913 IN WI'I'NBS8 WIlllRIlOr, th.. fir.t party.... c.u..d th.... pr...ent. to be duly executed in it. name .nd it. corpor.te 8~al to be her..to affixed. att..ted by it. proper offleer. thereunto duly authorized, the day and year fir.t above written. Signed. .ealed and dellvered in the pre..nee ofl ) BY ()1,-tt< C I r;. r- a'i 11,<-",< c.' ~... ey .k.:. .LUAn '1 b~1(!r... 1,04, '1.,,- ATTIlSr I SIIC1UlTARY (- -"-1 STAn: or elD \1.-, ~ A COUNTY or ~{:l,L 11\ Ol:i l\.c. ~ I IIDDY CBRTIn that all this day. before _, all officer duly authorl.ed ill the Itat. and County afore.eid to take ecm-ledg_nte. per.ollally appeared rYI \ (' t\A<< I- - "< W8 a_to t. a r..pectiv.ly, of the COrporatloll Ilamed a. fir.t p.rty fcr.gclllg sa.emellt and that tbey ..verally acknowledged .xecutlllg the .... In tb. pr...IlC. of two .ubaorlbillll witna.... fr..1y and voluntarl1I' under authority duly v..ted In them bI .ald corporet on; and that the ...1 affixed thereto . tb. true COrporat. ..a1 of .d4 Corporatlcn. WI'1'NB81 IllY hand and Ofq~lal ...1 1A ~he COUIlty and State la.t .fore..id tbi. day of .I Ptr0L'~ . ".D., 1990. ,1108 c;Q:; 1iA1'i~i~ stat. and COUIlty afor..ald. IIy eCl&lllll..iOll .xpir... ~"'Y"""_ DEANNE M. ROSS ~"'6 -'!;COMMISSION # CC667613 ~AJ!' ex"WJUl29,2001 ~ ifIi" IONOfD Tl<1tJ OF I'l ATlANTIC BONDING CO..INC. ORb J..0206. p..:t"""':t SPECIFIC PURPOSE SURVEY , '" '" CERTIFIED AND ISSUED TO RIVER WALK PLAZA, INC. , ' LEGAL DESCRIPTION AND SKETCH FOR THE CREATION OF A NEW 12 FEET I'11DE WATER LINE EASEMENT AS PART OF THIS SURVEY LOCATION MAP (NOT TO SCALE) HOYTON SITE RIVERWAL >- ~ N m ~ ~ I .J X ~ -' i <( Ul I <( t:i 0 ~ u , <( I IE ;;:; NOTE: THIS IS NOT A CERTIFIED BOUNDARY SURVEY SURVEYOR'S r:ERTlFICA TE I HEREBY CERTIFY lHAT THIS SPECIFIC PURPOSE SURVEY TO CREATE A NEW 12' WATER LINE EASEMENT WAS PERFORMED UNDER MY DIRECTION, AND IS IN ACCORDANCE WITH THE SURVE) STANDARDS. CHAPTER 61G17 OF THE FLORIDA ADMINISTRATIVE CODE, SET FORTfI BY THE FLORIDA BOARD OF LAND SURVEYORS PURSUANT TO SEt:T10N 4n.027 FLORiDA STATUTES, FLORIDA BOARD OF LAND SURVEYORS. GEORGE C. PANOS PROFESSIONn SURVEYc R AND MAPPER FLOR~RllFICAT MBER 1676 fi I /1 ;'?cJ-'1J FLORIDA SURVEYING & MAPPING, INe REGISTERED LAND SURVEYORS S. MILITARY TRAIL W.P.B. , FL 33415 (561) 669-6414 /?eV'/.5/tf V : /JPOerl? Pfi'v,.?'c-i..-""" cJC/1U7/tVC #' /- 2. '2-'7' Y -{ '-' .:\ DRAWN: CHECKED: FIELDWORK FIELDBOOK BH BH PROJECT: 197-002EA SHEET lOF J r= ORB 10206 Pg 1092 , SPECIFIC PURP'OSE SURVEY CERTIFIED .AND ISSUED TO RIVER WALK PLAZA, INC. LEGAL DESCRIPTION AND FOR THE CREATION OF A NEW 12 FEET 'MDE WATER UNE EASEt.4ENT PROPERTY CONTROL t 08 43 45 33 00 000 1011 EXHIBIT "A" '. COMMENCING AT THE NORTHWEST CORNER OF SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE SOUTH 00'59'57" EAST ALONG THE WEST LINE OF SAID SECTION 34 (ALL BEARINGS HEREON ARE RELATIVE THERE FROM) A DISTANCE OF 50 FEET TO THE SOUTHERLY RIGHT-O~-WAY LINE FOR SOUTHEAST 15TH AVENUIt, FORMERLY WOOlBRIGHT ROAD AS NOW lAID OUT AND IN USE AS OF NOVEMBER 20, 1997; THENCE NORTH 89'41'13" EAST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 52.92 FEET TO THE WESTERL Y LINE OF AN EXISTING UTILITY EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1868, PAGE 887 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 02'3"25" WEST, A DISTANCE OF 22.90 FEET; THENCE SOUTH 68'07'43" EAST, A DISTANCE OF 93.00' FEET TO THE POINT OF BEGINNING OF A NEW 12' 'MDE WATER LINE EASEt.4ENT; THENCE SOUTH 00'41'0S' EAST, A DISTANCE OF 90.S6 FEET; THENCE SOUTH 46'31'42" WEST, A DISTANCE OF 24.45 FEET; THENCE SOUTH 00'36'13" WEST, A DISTANCE OF 77.78 FEET, THENCE SOUTH 89'23'47" EAST, A DISTANCE OF 12.00 FEET; THENCE NORTH 00'36"3' EAST, A DISTANCE OF 72.70 FEET; THENCE NORTH 46'31'42" EAST, A DISTANCE OF 24.61 FEET; THENCE NORTH 00'41'05' WEST A DISTANCE OF 90.82 FEET; THENCE NORTH 68'07'43" WEST A DISTANCE 12.99 FEET TO THE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION. /1-ztJ-97 THIS DESCRIPTION WAS PREPARED BY; GEORGE C. PANOS PROFESSIONAL lAND SURVEYOR FLORIDA CERTIFICATE NUMBER "676 FLORIDA SURVEYING & MAPPING, INC REGISTERED LAND SURVEYORS 70 S. MILITARY TRAlL W.P,B. . FL 33415 (561) 689-6414 RIVERW ALK PLAZA BOYTON BEACH, FLORIDA DRAWN: CHECKED; FIELDWORK F1ELDBOOK BH 11/12/97 8H N/A PROJECT: 197-27EA SHEET 2 OF 3 .~ ~ ~" "'"" ./ _.'.).' ~ rJ'. ";".~ . , " '.'" " . ,.~ .. , \, ~.' "7 100 'E. 'Boynton '1htuh 'Boukvpf P.O. 'Bo:{.31O '(' 'Boynton 'B=ft, rforitfa 33425.0310 City 'Jfofl: (<<J7) 375-6000 r.>lX; (<<J7) 375-6090 mllW~r)I' DEe , Q 1996 ~ PlANNING AND ZONING DEPT. .I NOV-2H996 2:51pm 96-409974 ORB 95:-39 r., c:;;/;") JIII.I II II II ill I I II III , CJ'fU City of 13oynton 13eac/i CERTIFICATION I, Suzanne M. Kruse, City Clerk of the City of Boynton Beach, Florida, do hereby certify that attached copy Resolution No, R96-167, consisting of two pages, Exhibit "A", map and the original disclaimer is a true and correct copy as it appears in the records of the City of Boynton Beach, Florida, WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, this 13th day of November, 1996. ~A~"''' Q;e. ~ S~..v - Suz ne M. Kruse, CMC/ E City Clerk November 13, 1996 S '- ~ ~/ . , y \ ~ ,K ~~; {V\-J j) # s: \cc: \ wp \certify .9lmerica's (jateway to tlie (julfstream ORB 9:_.39 ('3 56b RESOLUTION NO. R96-/~ 7' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A CERTAIN UTILITY EASEMENT, LOCATED AT THE SOUTHEAST CORNER OF WOOLBRIGHT ROAD AND FEDERAL HIGHWAY (WITHIN THE RIVERWALK SHOPPING PLAZA, NKJA CAUSEWAY SQUARE); SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ABANDONMENT; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the applicant, Lee Starkey of The Lee Starkey Group, agent for Riverwalk Plaza Joint Venture, the contract purchaser of Riverwalk, has requested abandonment of a utility easement, located at the southeast corner of Woolbright Road and Federal Highway; and WHEREAS, comments have been solicited from the appropriate City Departments; and WHEREAS, public hearings have been held before the City's Planning and Zoning Board and the City Commission on the proposed abandonment; and WHE~EAS, based on the foregoing information, the said easement no longer serves any useful purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida by and through its City Commission does hereby abandon a utility easement, located at the southeast corner of Woolbright Road and Federal Highway, and more particularly described in Exhibit "A". RECORDERS MeMO: L"gibility of document unsatisfactory when received. Section 2 ORB 9539 pg ~67 e Mayor and City Clerk are herel Jthorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 3 That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of November, 1996. CITY OF BOYNTON BEACH, FLORIDA . ~rJ1/ T:: " Mayor ' Vi~~~~~o~J Y ~ k- ~,-~.. . -) " ~4 Commissioner ~ ~ ...:- Commissioner- . d -(1M- 7issioner ---- ~ ATTEST: ~J4~A"'~/.d ./ City CLerk R.EI..OFIIlER'SI&~ l~~~\\i!l1\ l!IlSlllistat~ _~~, EXHIBIT "A" ORB 9539 P9 '56B cOMMENCING AT TIlE NORTIIWEST CORNER OF SECTION 34, TOWNSlUP 45 soum, RANGE 43 EAST; TIlENCE S.00"S9'57"E., A DISTANCE OF 50 FEET TO TIlE SOVTHERLY RIGHT-OF.WAY LINE FOR S.E. 15TH AVENUE. FORMERLY WOOLBRIGlIT ROAD; TIlENCE N.89"41'13"E. ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 52.92 FEET TO THE WESTERLY LINE OF SAID UTILITY EASEMENT RECORDED IN omclAL RECORD BOOK 1868, PAGE 887; TIlENCE S.02"31'25"W., A DISTANCE OF 21.90 FEET; THENCE S.68"07'43"E., A DISTANCE OF 131.81 FEET; TnENCE S.71"43'21"E., A DISTANCE OF 127.35 FEET; THENCE S.54"34'04"E., A DISTANCE OF 30.29 FEET TO TIlE POINT OF BEGINNING OF TIlAT PORTION OF TInS UTILITY EASEMENT TO BE ABANDONED; THENCE S.54"34'04"E., A DISTANCE OF 89.51 FEET; TIfENCE N.00"38'48"W., A DISTANCE OF 12.39 FEET; THENCE N.54"34'04"W., A DISTANCE OF 68.30 FEET; TIlENCE S.89"41'13"W., A DISTANCE -OF 17.14 FEET MORE OR LESS TO THE POINT OF BEGINNING. .. .. . 1 '7. 9 6 10: 02 *p Sch DISTRIC~ R'''efl.u~cAc 08- A~-41IS-'4-01-000"00" p ENGR P04 ~DfJtJ~ P<;'N · __ --.-.-Ilq,- It 7. T ; 3' r AS T .-\ VI:-;/< ORB 9539 P9 :='>69 1 UI<NING 1 <;\ ANn 'STP\Pl crNTtR LAN[ :;TPIPf NOPTH BOUND.i'.RY ROU'.'.f (\\ J ,\1.IF<[l]\lI'ION___ ~PLAT BOOK I . PAGE 14 ________ _.-:::.- - .------- - -=-_ c!.;~.:r(!'!h.LN.f:.)E._f'!...., ....IJOLB~luHT RQt. ---r------ . .~." ..___ ._... ___..___.._ 0_'__.____ ".IIPNf P -- _..... PU'LAcr D 8/ II OIJNn 1/2' ~ CAP 'L 83 - I DR B. 340i [XHllll NOT PM w ;' 1/ ~ . / Sf .. ~ /. ./ // BENCH MARft X :/~~ T,o'~'1.oF SID " " , "~. c- ", ,r , , . ~ \ , / /' /' . , , , CQVEPF:D 11.\ ~ . ')4 ,\<. , /,.,/ / , ~ -'. \ r // ^/' HOorrlCAftOH or N4" "tCIP'Pa:Al. P"''''-'' - tNfltNllP( t((oPUEO IN' OR.' '''Ol-Pl~~tO~~ // ...,..,('1 A.N ...looII[N~N' Tn TI-C( ~tIPPor"l. PAWIMIi 1"f ~, f 15."rrn IN n,p" 4>Ut"'~ IJ~"" . ~ I "" , ., . :' . . ... / 1 \ '-' z I .' " .' n . . (", : I " I ,. 111. I' I ,II: . I . I' .PI L"' INl III :11 '11\1 11 y 1.\'.1 t.ll ,~. fl~'l'. ; -".' t/ .1/\0-;-- "q~- J~ 7 ORB 9539 pg ~70 DORvTHY H. WILKEN, CLERK FB CJUNTY, FL KNOW ALL MEN BY THESE PRESENTS that the City of Boynton DISCLAIMER Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon and disclaim a certain utility easement, which is located on the - southeast corner of Woolbright Road and Federal Highway, situated and located in Palm Beach County, Florida, more particularly described herein as Exhibit "A". IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ~ .'" ."" y,..\d!::9ay, of November, 1996. .",,<(ifAti-eST: ".'i"i,<<.;;.'it'~-', ,',' .'~: ;_:'J5~'" J k SU~~~C1:~ CITY OF BOYNTON BEACH, FLORIDA " STATE OF FLORIDA - .~ COUNTY OF PALM BEACH ) )ss: _ ) - BEFORE ME, the undersigned authority, personally appeared JERRY TAYLOR and SUZANNE KRUSE, Mayor and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this /.2 day of November, 1996. My Commission Expires: Gf."',;::;;;, JANET M. PAAlNIT;:J :':: .) b MY :OMM1SSION' CC 386147 : ...', ~. :'}'/ S"PIRes: August 27 lQ98 -"- :'-~~;~-'~ ""~~~;~;7~~:~~~~~:_'~~;.:l~:...~!en j ~ 7n . Pna"M~~ " TARY PUBLIC, State of Florida %e City of 'Boynton 'Beacfi 100 'E. 'Boynton 'BuJdi 'BouUvani P.O. 'Bo'(31O 'Boynton 'Beach., :J1ori4a 33425.0310 City:HQfl: (407) 375-6000 :TJU: (407) 375-6090 November 13, 1996 Mr. Lee Starkey The Lee Starkey Group 11214 Marjoram Drive Palm Beach Gardens, Florida 33418 Re: FileNo: Location: River Walk Shopping Center f.k.a. Causeway Shopping Center ABAN 96-003 Southeast corner of U.S. Hwy. #1 and Woolbright Road Dear Mr. Starkey, Enclosed is the City of Boynton Beach Resolution 96-167 regarding Commission approval of your request for abandonment of a utility easement located at the southeast corner of Woolbright Road and Federal Highway. Should you have any questions regarding this matter, please feel free to contact this office at (561) 375-6260. Sincerely, ~ r --=:.JetJ"L-//U . ~v1'V, ~ "-../ (/ :7 Tambri 1. Heyden, AICP Planning and Zoning Director TJH:dar Enclosures xc: Central File c:resoI167.riv ;tmerica's (jauway to tfle (jut/stream RESOLUTION NO. R96./~ '7 00 ~ .~ "" ...PlMlMING ~Nil A RESOLUTION OF THE CITY COMMISSION F THt::zoNING DEPT CITY OF BOYNTON BEACH, FLORIDA, ABAN ING A CERTAIN UTILITY EASEMENT, LOCATED AT THE SOUTHEAST CORNER OF WOOLBRIGHT ROAD AND FEDERAL HIGHWAY (WITHIN THE RIVERWALK SHOPPING PLAZA, A1KJA CAUSEWAY SQUARE); SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ABANDONMENT; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the applicant, Lee Starkey of The Lee Starkey Group, agent for Riverwalk Plaza Joint Venture, the contract purchaser of Riverwalk, has requested abandonment of a utility easement, located at the southeast corner of Woolbright Road and Federal Highway; and WHEREAS. comments have been solicited from the appropriate City Departments; and WHEREAS, public hearings have been held before the City's Planning and Zoning Board and the City Commission on the proposed abandonment; and WHEREAS, based on the foregoing information, the said easement no longer serves any useful purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida by and through its City Commission does hereby abandon a utility easement, located at the southeast corner of Woolbright Road and Federal Highway, and more particularly described in Exhibit "A". Section 2. , Mayor and City Clerk are here.. Jthorized and directed to execute and deliver the attached Disclaimer and cause the same to be 1iIed in the Public Records of Palm Beach County, Florida. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of November, 1996. CITY OF BOYNTON BEACH, FLORIDA .) ---2."J:/ -,., Mayor Vi~eIM;;o~1 ~,~ k- c ,.-' . , J '~ -4-- ///- Commissioner (' ~...:- \~ Commissioner ~ ~)M 7issioner - ~ ATTEST: ~~/V, ~,~/ City CLerk ,\\\\\\1111111111, \,,, "1. ~" 'OOYNto ~"~ ~ 0:'" ...-. 'A..~_ .;:: ." ....eo.<t1... ... ~ ~n"'" <$I "" ~.)..,/~r;;.r )j",,~ .:: ,.., l~- ~1 _ ~ - _' 1:) ,- :0 as - z- \ 1920 J ~ "" ~~, . ,,' ~/J. "ORIO" ~ Z/"""'llt\l\\\\\~ --~-_.,~ ---- _._--~ EXHIBIT "A" COMMENCING AT THE NORTIIWEST CORNER OF SECTION 34, TOWNSHIP 45 sourn, RANGE 43 EAST; THENCE S.OO"59'57"E., A DISTANCE OF 50 FEET TO TIlE SOUTHERLY RIGHT-OF-WAY UNE FOR S.E. 15TH AVENUE. FORMERLY WOOLBRIGIlT ROAD; TIlENCE N.8'"41'13"E. ALONG SAID RIGHT-oF.WAY, A DISTANCE OF 52.92 FEET TO THE WESTERLY LINE OF SAID unUTY EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1868, PAGE 887; THENCE S.02"31'25"W., A DISTANCE OF 22.90 FEET; THENCE S.68007'43"E., A DISTANCE OF 131.81 FEET; TIIENCE S.71"43'22"E., A DISTANCE OF 127.35 FEET; THENCE S.54034'04"E., A DISTANCE OF 30.29 FEET TO TIlE POINT OF BEGINNING OF THAT PORTION OF TIUS unUTY EASEMENT TO BE ABANDONED; TlIENCE S.54034'04"E., A DISTANCE OF 89.51 FEET; THENCE N.00"38'48"W., A DISTANCE OF 12.39 FEET; THENCE N.54"34'04"W., A DISTANCE OF 68.30 FEET; THEN~ S.89041'13"W., A DISTANCE -OF 17.14 FEET MORE OR LESS TO TIlE POINT OF BEGINNING. ~. ., .. ~-"--~-~---_.,._.. MINUTES PLANNING AND DEVELOPME:'IT BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1996 ~ /' (~;. Flowers Bakery Warehouse/Distribution Center Abandonment - The City Commission approved this subject to staff comments. . Riverwalk Shopping Plaza Abandonment - The City Commission approved this subject to staff comments. . Jonathan's Grove Abandonment - The applicant tried to address the drainage issue by certifying that the drainage could still be handled within a reduced easement width. However, he withdrew the application. 6. OLD BUSINESS A. Public Hearing Rezoning (Postponed from October 8,1996) East Ridge PUD W. Keith Grant John A. Grant, Jr., Inc. Gary De Graf De Graf, Inc. East side of the intersection of N.E. 4th Street and N.E. 20th Avenue Request for master plan approval for 33 single-family units in connection with a rezoning of 5.01 acres from R-3 to PUD (Planned Unit Development) with a Land Use Intensity of 7.00. W. Keith Grant with John A. Grant, Jr. Engineers and Land Surveyors, and Gary De Graf, the owner and developer of the property, were present 1. Project: Agent: Owner: Location: Description: Mr. Aguila referred to Comment 21 and said the 2'6" is width of the buffer, not height of the buffer. He asked if Mr. Lewicki is suggesting that there be a buffer between the railroad and the development Mr. Lewicki answered affirmatively and said he is suggesting there be a 6' high buffer. Mr. Aguila pointed out that this is not what Comment 21 states. Comment 21 assumes that the 2'6" is a height Mr. Lewicki suggested eliminating the word "increased" so that the comment reads, "It is recommended that. . . the height of the 3 MEMORANDUM #P96-141 00 ~~~~wrn rn NOV I 8 1996 PLANNING AND ZONING DEPT. TO: CARRIE PARKER HILL, CITY MANAGER FROM: SUE KRUSE, CITY CLERK DATE: NOVEMBER 12, 1996 RE: EASEMENT - RIVERW ALK PLAZA Attached please find a copy of the above mentioned easement which was recorded in Palm Beach County on 10/25/96. ~ ~~ML_ ,4 ~ I ~ .1 VI .~V~ )~ 11.)'1/ V" / jlr3 ~ p c: - Development Files mas\ slre/wp/parkhill Relur,n to: (ench:~se self-addressed stamped envelope) Name (J;... o-f 6'C7~~ '-- --J/?c; l:r~'3IO L3 b R. 3)4.)5 Address: (iCT-_25-i996 i 1: iOarn 96-~7559B uRB 9S0fJ P9 :2 4H Jill.' 1111111111... III Property Appraisers Parcel Identification (Folio) Number(s): OCT -07'-1996 13: 32 FROM PS&R TO 13143942501300 P.04 r;:.~ I fl' , I D I rU~ /&j uV' G, ~-:-:--. i ,:: I ' "~ d ~~, & I 1/996 EASBMBNT BOYNTON BEACH UTIliTIES TH%S XMDBNTUaE made th~. day of Florida Boynton Investments, Inc, October ,A.D., 1996, by , and havlng lta p~lnclpa1 p1ace of bu.in... at Florida 1075 Ebxfice In. , . cO~pOratlon .~l.tlng unde~ the 1awa of #;;03 , flr.t pa~ty, to the City of Boynton Beach, a po1itica1 .ub41vlaion of the state of Florlda, ..cond pa~ty: (Wherevezo uced. here1.", ~l\e ~erM., .'first party'" and "aecond party" .ha11 lnc1uda .lnqular and plur&1, heLrs, 18981 r8pr..entat~ve. and Asa1Qn_ of 1nd1vldual. and the aucc.aaors and aaalgna of eOTPor.e~on., wherever ~he con~.xt .0 adm~t. or requires.) W%TNESSE'rH WHERZAS. the f1rst party 1a the owner of property .ituate in Pa1N Beach county, r10rida, and d..cribed .s follow.. See Exhibit "A" attached hereto. ancl. WHEREAS, the aecond par~y de.lre. an ea..ment for w.~er and .ewer uti1iti.. and/or other appropria~e purpo.e. inoid.n~a~ ~h.z.to~ Oft. ov.~ and acra.. .a~4 prop.~~y. and. WHZaBAS, ~he flrst par~y l. wl11lng ~o Gr.n~ ouch an e..e...nt, NOW. TRBRBPORB, for and In con.id.~atlon of the mutua1 covenants each to the other running ancl one dol~ar and other good and va1uab~e con.1d.rat~on., the E~r.c pa~ty doe. hereby grant unto the party of the ..cond part, it. auaee..or. an4 a..igns, fu11 and free r~~t and .utbor~ty to cona~ruct, ma~ntaln. repair. In.tall and rebul14 facl11tie. IEor above atated purpo... and 40e. h.reby grant a perpetual ea.ement on, OV.r and acro.. the above d..cribe4 property Eor aal4 purpo.... RECORc~m; ME;~O: Legibility of document unsatisfactory when received, OCT-07-1996 12:37 PS&R 96~ P.04 OCT-~7-1996 13:33 FROM PSll.H IU _. ~~~~~~4~~~~~~~ r-.\:::l::' "R" I.} Ii 5 ~O ?3 249 XN WZTN2SS WHEREOF. the flrat party ha. cau.ed the.e precente to be duly executed in its name and ita corporat. Beal to be hereto afflxed, atteated by it. proper offieers thereunto duly authori&ed, the day and year firae aboye writt.en. s1gned, aealed and delivered ln the presence of. Florida Boynton Investments, Inc. ~A~:-'~'" ..'.G ':) '....00__ ~, ~ <..)':.- l.cO'>~_. " '> U'h .' ~[; 1~ '(.;t.cp~aATE SEAL) ..<: jO,.r (0 ~;.. . . .'.,~) .~.- . , ,,' ;' ~ '. '.-:: s~~"or - .~. \ ,~ "- :cic;l~ or -~ BYKr/<<.6 71 a:~ . A~BT.tf~?i~;j , 51!: RET1'oRY /t1,'~3"".e. ,. . c:'5r. L.L'!tUJ.~ l: HERRIIY eERTXPY that on thia 4ay, 1:>..lor. me, an offlcer duly authori..'" ln the State and count.y aforeaald tak ...know edg nea, personally appeared. . IV we nown to me to b. t e -Pre. dent and respectively, o~ the corporation named a. firat party n Eoregoing Eaeement and that they e.v.rally acknowledg.d executing the same 1n the preeence of two eubecrlbinq witnees.a freely and vOluntarl1y, under authority duly ve.~e4 ~n them by s&~4 Corpo~.t1on. and ~h.~ ~he .e&1 afflxed.thereto le the true Corporate e.al of e.i4 Coxporatlon. t.o . he WXTKZSS lilY hand. and Cf!f!-tcial .ea1. In 1<h_ State lAe~ aforeDald this day o~ 1990. County A.n4,',"'B"y;;;';",:, . ~~~l ~ ,'".,~ ::':1.' ,.' ~ \~~~~ ~I>~:;"," J,,;,-- l..:/: ~"o" '~o",~:,.-, e ..- <.. ~ . U .J> r, .> MY commie.lon expireD. ~l :'J ' (J;~: ~);/ j..;~ 1~ ,..t~.~ RECOR~~R'S MEMO: Legibility of document unsatisfactory when received. OCT-07-1996 12:37 PS&A 96% P.05 OCT-,rl-l:l96 l3: 33 FROM P~8.R ro .lJl4J:l4,,:;'l:lljl:ll:l ~ .I:lb 69/64/1996 13:47 4a'62~. LEE STARKEY P~GE 05 -.'.:~-=;"='-=:::;' ''::'.;';~'':''::'-:':':=-..- _..~_-=:-' ~.=:-=:;; ORB '-ISOO pg IU\'ERWALK PLAZA A COMMERCIAL snOPPlNG CENTER 250 LYING IN SECTION 34, TOWNSJDP <IS SOUllI, RANGE 4J EAST, CITY OF BOYNTON BEACIf, I'ALM bMCIf COUNTY, I'LOIUDA LEGAL DI{SCRlPnONS AND SKETCU FOR TIlE ,\UANDONMENT AND RE-AUGNMEN'J' OF A POR110N APrLlCABLE TO A 10 FEET WillE UllL1TY KASEMENT RECORDED IN on'fCIAL RECORD BOOK 1868, PAGE 187 l'UOLlC RECOIU)S OF PALM BEACU COUNTY, FLORIDA. PORTION TO DE ABllNlJONED COMMENCING AT nrn NOR'rnwE81' COltNEH OF SECTION 34. TOWNSfIIP 45 SOlITU, RANGE 43 EAST; TIIltNCE S.000S9'51"E., A DISTANCE O~' SO FEE'r TO THE SOlITlIERLY IUGIIT.OF.WAY UNE l'OR S,K ISTII AVENUE, FOI~MERLY WOOLURfGIn' ROAD; TIlENCE N,8!1'41'13"~;, AI.ONCi SAil) IUGIIT,OF.WAY, A DISTANCE OF 51.91 FEET 1'0 TIlI~ WESTEltL Y LINE O~' SAIU u'l'ILlTY I~ASEMENl' RECORDED IN OFFICIAL RECORD nOOK 1868, t)Ala~ 887; TllliNCE S.Ol'J1':ZS"W., ^ D1S'fANCt!: OF 2UO FEET; THENCE S.6I'07'43"E., A UISTANCE 0.' 131.81 l'EET; TIIENCE S,71043'22"E., A DISTANCE OF 1Z7_35 IrEET; TIIENCF. g,!i4'34'04"E., A I>JSTANCE OF 30,2' FEET TO TilE POINT OF BEGINNING OF 'I'IIA'I' 1'OlrrlON OF 'fillS UTILITY EASEMENT TO DE ABANDONED: TIlENCE 5,54'34'04"1>;" A lJlSTANCIt 01>' 89.51 FEET: TIlENCE N.OO'38'48"W" A DISTANCE OF 12,3~ FEET; THENCE N.S4'34'04"W., A DISTANCE OF 68,30.PEET; TUENCE S.8!1'41'13"W., A l.)lSi'ANCE OF 17.14 FEIn MORE Olt LESS TO THE POINT OF IlEGINNING. I"OR1ION TO RIl RE-ALIGNED COMMENCING AT TilE NORTIIWEST CORNt!:R OF SECTION 34, TOWNS KIP 4S SOlITU, RANGE 43 EAS'r; TlIENCE S.00059'57"E., A lJlST^-NCE OF SO FEEl' TO TIlE SOUTHERLY IUGlI1'.OF.WAY UNit FOR .s..J~, 15'1'11 i\VENUI~. FORMEItLY WOOLDRIGIIT ROAD: TIlENCE N.89'41'13"J!., ALONG SAID I<lGIl'r-Olr.WAY LINE, A DISTANCE OF 62.!I21"EET "0 TilE EAS'mIU.Y UN!!: OF SAID 10 I!EET WIDE UTILITY I!ASEMENT, RECORDED INt OFFICIAI.ltECOIU> DOOK 18(,8, I'AGI~ 81171'UIll.IC RECORDS Ol~ PALM DUCII COUNTY,. \;LOlUDA; TIIENCg S.oZ'3J'1S"w,. ^ lJIS'I'ANCE OF 16,3!1 FEET: 1'IIENCE S.68'07'43"E., A UI~"ANCE OJ[ 124,43 Iml>;Ti THENCE S,7t'43'll"E., A DISTANCE OF 128,55 FEET; TIIENCE S.S4'34'04"E., A l>lS'l'ANCE OF 28.57 I"ERT TO THE POINT OF BEGINNING OF TilE SAID 10 n;!!:'I' WIDE UTILITY EASEM.ENT 1m-ALIGNMENT: TUENCE 1'1.89041' 13"E., A DISTANCE <W 79.06 FEETl TlIltNCE S,OO'38'48"E.. A D1ST^-NCE OF ".14 FEET MORE OR LESS CONNECTING WI'I'H "IIE EASTF.:RL Y MOST LINE OF SAID EASEMENT; TIIENCE N.S4'34'04"W., ^ mSTANCt: OF 12.37 FEET; TllENCE N.OO'38'48"W., A DISTANCE 010' 39.91 nm'l'; TIIENCE S.8!1'41'IJ"W., A DISTANCE OF 72.34 FEET; THENCE N.17'3J'3S"I!., A .DISTANCE 011 to.SI nmT MORI! Olt LESS TO "IfE POINT 01' ~~~r.J NNINC. DEAlUNG DATUM FOR TlUS DESCRIPTION: n.e Welt line ..llJ.Sedion ~ i~ a.'l.mmc:d 10 bear S.OO'5!1'S7"E. alld all oo.rlnl cited herein arc relaUyC the," om. .) ~ / N V'- : .;. M GE ,It C. A OS, REGISTERED LAND SURVEYOR FLORIDA CERTIFICATE NUMBER 1676 DATED:JUNE20,~ RECORCCR'S ME~O: Legibility of document unsatisfactory when received. "'.., .. F'LM I O^ SURVEY I NG & MAPP I NG, INC. REGISTERED LAND SURVEYORS 470 S. MILITARY TRAIL H.P. e,. FL 33416 14071 689-6414 ^ SpdII: "'- Soun1 ,.... _ CerlIW To .. Dr...... ,.., .... BY; 0" TE: SCALE: PROJECl 186-038 SHEET 2 OF 3 On"lIN: ~IlE~I(EO: FIELDHORK F I ELOBOCK , PG, OCT-07-1996 12:38 PS&R 92% P.06 FROM.. PS&R TO ",. U1'n~'.u. 1U!(:0IUI .xlK .... .AOII II:' - , ' .. UX:Ulllll!l Of ....UllIllEACU ~KII'lT1'. PIA. J. ORB 9500 P9 251 DOROTHY H, wILKEN, CLERK PB COUNT!! FL "O$~ g5;oE! CD.Z% .Z t:l C1-U M,th."_ ~;!~~ .... . OCT-~-lSS6 l3:34 II "8 . . Ii ~ I · s -'3l43'34250l300 w $00'59'57'( w _ -~ ~~~ CI:1 ~. zn PI.. _ M- __.0 :tl':, 2: l:il~ li < W I'll 50.00' W III .., r- 0 ::0 ~ ,. ~ ::0 ~ ~ ~ CI .. 3: ~ -u ~ .... ~ ~ ~~ ~. Z .. (l '" r Ia .... ... ... V> w I'\) ... ... ~ .. ;II ~, ..1S~....z '"0 dllg~'i CJ ~ Z~-l H ) l:IX~Z 1)""'" -l ,."lllll !;i;'" -I Cl ! ,. ~~?J r ...~i"Tl ...,,~ : ~~i ~g~ n ..,':' l r;a:.! Q~:ll ~ ~ .< "'0" n eX /:!t "f. wZ .. 0"'''' I"l .S Ii; "-u" !f~'" 'Z " .~ w.... I -4c;lP'l , " N-u ~ _<,.,n n . 1"1.. -1M ... "'''6"7 ;tlW _ .S'J>z(11 . Ii lIl"'w Z I 1Ill>.. \ ~ ~~!1 -l ... ! i ~ > 81f . Mil I~ < !i~ ;~ . ~. >, . ~ .~j ~~ la" !,., .,~ ~ f 6 ~lX :i~ .. i! ~ tl tl .... FLOR I DA SURVE Y I NG & MAPP I NG, INC. REGISTERED LAND SURVEYORS .70 S, M 11.1 r ARV TRA I L H, p, Boo FL 334 i 6 (407) 6e9~8414 RECC,c..c":'[,"', . .......... ,L,... .......'.. . un.-' v f' d~, .~ ""/''''10\ dOCUment ".31/1: a:..tony '1'1-, . v '" . 1'112n "O"::l"--d ' """";. ORA 1lN: CHECkEll: FIEUlIIORK F I ELDlOOI( ,Iia&-c 3 or 3 8f:! ~\1o::l A3)2j\11S 33l OCT-0?-l996 l2:39 PS&.R e - ^ Speclf1c l'urpole SU"", 1.....0<1 ud CeNtned To Rhenrllk PIa_, Inc, . , BY: DA n: P.0? II .. . i ~ ~I; U!i iiill ~flll ;;ul > I ~ '--1 ....._~-- . ~9EIOS~9L9P 9l:EI 966!/BE/69 196-038 96% TOTI'IL P. 07 P.0? MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6,1996 Mayor Taylor advised that the applicant requested that this request be withdrawn. It was the consensus of the Commission to allow this request to be withdrawn. Description: Rlverwalk Shopping Plaza alkla Causeway Shopping Center Lee Starkey, The Starkey Group Riverwalk Plaza Joint Venture Southeast corner of U.S. Highway #1 and S.E. 15th Avenue/Woolbright Road Abandonment - Request to abandon a 10 foot wide utility easement in connection with the proposed expansion of the Winn-Dixie Store. .. A. Project: Agent: Owner: Location: Neither the agent, staff, or the public wished to address this item. Motion Commissioner Titcomb moved to approve the abandonment request to abandon a 10 foot wide utility easement in connection with the proposed expansion of the Winn-Dixie Store, upon staff recommendation. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0. 1. Proposec:l Resolution No. R96-167 Re: Abandonment of a 10 foot wide utiUty easement - Riverwalk Shopping Plaza Attorney Cherof read proposed Resolution No. R96-167 by title only. Motion Vice Mayor Jaskiewicz moved to approve proposed Resolution No. R96-167. Commissioner Titcomb seconded the motion, which carried 5-0. VII. PUBUC AUDIENCE Conrad McEwen, 917 S.w. 38th Court, thanked the City for the paving work that is being done in his neighborhood. However, 34th Court and 38th Court are very dark and need street lights. He said today he requested that the Police Department do a survey of his street. The whole east side of the Lake Eden area has no street lights. He asked the 12 w NOTICE OF PUBLIC HEARING lK:r . 4 1996 m NOTICE IS HEREBY GIVEN that the City Commission of the CI BEACH, FLORIDA, WILL CONDUCT A PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Wednesday November 6, 1996 at 7:00 p.m. to consider an application submitted by The Lee Starkey Group, agent for Riverwalk Shopping Plaza a.k.a. Causeway Square located at the southeast corner of Woolbright Road and U. S. 1 (Federal Highway), to abandon and re- align a portion of a utility easement, more particularly described as follows: Portion of utility easement to be Abandoned: Commencing at the Northwest corner of Section 34, Township 45 South, Range 43 East; thence S.00059'57''E., a distance of 50 feet to the southerly right-of-way line for S.E. 15th Avenue, formerly Woolbright Road; thence N.89041 '13"E. along said right-of-way, a distance of 52.92 feet to the westerly line of said utility easement recorded in official record book 1868, page 887; thence S.02031'25''W., a distance of 22.90 feet; thence S.68007'43''E., a distance of 131.81 feet; thence S.71 o43'22"E., a distance of 127.35 feet; thence S.54034'04''E., a distance of 30.29 feet to the point of beginning of that portion of this utility easement to be abandoned; thence S.54034'04''E., a distance of 89.51 feet; thence N.00038'48''W., a distance of 12.39 feet; thence N.54034'04''W., a distance of 68.30 feet; thence S.89041'13''W., a distance of 17.14 feet more or less to the point of beginning. and Area of proposed utility easement Re-alignment: Commencing at the Northwest corner of Section 34, Township 45 South, Range 43 East; thence S.00059'57''E., a distance of 50 feet to the southerly right-of-way line for S.E. 15th Avenue, formerly Woolbright Road: thence N.89041'13"E., along said right-of-way line, a distance of 62.92 feet to the easterly line of said 1 0 feet wide utility easement, recorded in official record book 1868, page 887 public records of Palm Beach County, Florida; thence S.02031'25''W., a distance of 16.39 feet; thence S.68007'43''E., a distance of 124.43 feet; thence S.71 o43'22"E., a distance of 128.55 feet; thence S.54034'04''E., a distance of 28.57 feet to the point of beginning of the said 10 feet wide utility easement re-alignment; thence N.89041 '13"E., a distance of 79.06 feet; thence S.00038'48''E., a distance of 57.14 feet more or less connecting with the easterly most line of said easement; thence N.54034'04''W., a distance of 12.37 feet; thence N.00038'48''W., a distance of 39.91 feet; thence S.89041'13"W., a distance of 72.34 feet; thence N.17033'35''E., a distance of 10.51 feet more or less to the point of beginning. All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the City Commission with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH SUZANNE M, KRUSE, CMC/AAE CITY CLERK (561) 375-6062 PUBLISH: THE POST OCTOBER 17, 1996 c: City Manager, City Attorney, City Commission, Planning, Files :\flNCTES PL.\:'i'iI:'iG AND DEVELOP:\IE'iT BOARD BOY'iTO'i BEACH. FLORIDA OCTOBER 8.1996 does not put them anywhere near utility easements. They still would be quite a distance from any utility easements. Mr. Aguila advised that the Nater line clearance to the overhead lines will cause a problem. Mr. Ewing stated there will be better than 15 feet from the easement line to the water line. There is a 13 foot utility easement along the south line. Mr. Aguila pointed out that there is a 15 foot utility easement on the north line. Mr. Ewing advised that the easement he wants to abandon is 10 feet away from that easement. Motion Chairman Dube passed the gavel to Mr. Aguila and moved to deny the request to abandon a 10 foot wide portion of a buffer wall, drainage and landscape easement located in the rear yards of lots 1 through 5, and 18 through 32 of Jonathan's Grove. Ms. Frazier seconded the motion. Mr. Ewing asked if he could withdraw this request and bring it back at a later date. Ms. Heyden advised him that this is a recommendation and that he has between now and November 6th to work out the problems with the landscaping and drainage. The motion carried 6-0. Description: Rlverwalk Shopping Plaza a/k1a Causeway Shopping Center Lee Starkey The Starkey Group Riverwalk Plaza Joint Venture Southeast corner of U.S. Highway #1 and S.E. 15th AvenuelWoolbright Road Request to abandon a ten foot wide utility easement in connection with the proposed expansion of the Winn- Dixie Store. 4. Project: Agent: Owner: Location: Motion Mr. Aguila moved to approve this request to abandon a ten foot wide utility easement in connection with the proposed expansion of the Winn-Dixie Store, subject to staff comments. Mr. Wische seconded the motion, which carried 6-0. 22 PLANNING AND ZONING DEPARTMENT MEMORANDUM #96-477 TO: Sue Kruse City Clerk Tambri J. Heyden, AICp7;5IJ Planning and Zoning Dire~or FROM: DATE: September 30, 1996 RE: Riverwalk Shopping Plaza a.k.a. Causeway Square - ABAN 96-003 Utility easement abandonment and re-alignment Accompanying this memorandum you will find two (2) copies of the application and related documents for the above-referenced abandonment application. The $500.00 application fee for staff processing and review has been forwarded to the Finance Department. A legal advertisement for same has been prepared for the November 6, 1996 City Commission Public Hearing and will be forwarded to your office after review by the City Attorney and City Manager. In order for our department to meet the deadline for preparing Planning and Development Board agenda materials for this request, comments from staff and the various concerned parties must be received by our office by October 3, 1996. Please inform staff of this time frame when distributing copies of this request for comment. If easier, comments can be forwarded to you with a xerox copy transmitted to our office. Thank you. T JH:dar a:tgtriver,wpd REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney eight (8) working days prior to the first publishing date requested below. ORIGINATING DEPARTMENT: Planning and Zoning Department PREPARED BY: Jerzy Lewicki DATE PREPARED: September 30. 1996 BRIEF DESCRIPTION OF NOTICE OR AD: Abandonment of a portion of a ten feet wide utility easement at the Riverwalk Shopping Plaza a.k.a. Causeway Square CABAN 96-003\. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) Standard Legal Ad for the City Commission meeting of November 6. 1996 at 7:00 o.m. SEND COPIES OF AD TO: Newsoaper. adioining property owners. apolicant and Planning and Zoning Director. NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk DATE(S) TO BE PUBLISHED: To be determined by City Clerk APPROVED BY: {ji~~ni M.[I'L (1) (i~rt~~ead) /t).2!9i, (Date) (2) (City Attorney) (Date) (3) (City Manager) (Date) RECEIVED BY CITY CLERK: COMPLETED: a:lgtriver.wpd NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission of the CITY OF BOYNTON BEACH, FLORIDA, WILL CONDUCT A PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Wednesday November 6, 1996 at 7:00 p.m. to consider an application submitted by The Lee Starkey Group, agent for Riverwalk Shopping Plaza a.k.a. Causeway Square located at the southwest corner of Woolbright Road and U. S. 1 (Federal Highway), to abandon and re- align a portion of a utility easement, more particularly described as follows: Portion of utility easement to be Abandoned: Commencing at the Northwest corner of Section 34, Township 45 South, Range 43 East; thence S.00059'57"E., a distance of 50 feet to the southerly right-of-way line for S.E. 15th Avenue, formerly Woolbright Road; thence N.89041'13''E. along said right-of-way, a distance of 52.92 feet to the westerly line of said utility easement recorded in official record book 1868, page 887; thence S.02031'25''W., a distance of 22.90 feet; thence S.68007'43''E., a distance of 131.81 feet; thence S.71 043'22"E., a distance of 127.35 feet; thence S.54034'04''E., a distance of 30.29 feet to the point of beginning of that portion of this utility easement to be abandoned; thence S.54034'04''E., a distance of 89.51 feet; thence N.00038'48"W., a distance of 12.39 feet; thence N.54034'04''W., a distance of 68.30 feet; thence S.89041 '13"W., a distance of 17.14 feet more or less to the point of beginning. and Area of proposed utility easement Re-alignment: Commencing at the Northwest corner of Section 34, Township 45 South, Range 43 East; thence S.00059'57"E., a distance of 50 feet to the southerly right-of-way line for S.E. 15th Avenue, formerly Woolbright Road: thence N.89041'13"E., along said right-of-way line, a distance of 62.92 feet to the easterly line of said 10 feet wide utility easement, recorded in official record book 1868, page 887 public records of Palm Beach County, Florida; thence S.02031'25''W., a distance of 16.39 feet; thence S.68007'43''E., a distance of 124.43 feet; thence S.71043'22''E., a distance of 128.55 feet; thence S.54034'04''E., a distance of 28.57 feet to the point of beginning of the said 10 feet wide utility easement re-alignment; thence N.89041'13''E., a distance of 79.06 feet; thence S.00038'48"E., a distance of 57.14 feet more or less connecting with the easterly most line of said easement; thence N.54034'04'W., a distance of 12.37 feet; thence N.00038'48'W., a distance of 39.91 feet; thence S.89041'13"W., a distance of 72.34 feet; thence N.17033'35''E., a distance of 10.51 feet more or less to the point of beginning. All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the City Commission with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH SUZANNE M. KRUSE, CMC/AAE CITY CLERK (561) 375-6062 a:lglriver.wpd EXHIBIT "E" (b EXHIBIT "E" Conditions of Approval Project name: Riverwalk Plaza File number: ABAN 96-003 Reference: Utility Easement Abandonment and Re-alignment at Riverwalk Plaza. Planning and Zoning Deoartment Memorandum No. 96-S0S I DEPARTMENTS I INCLUDE I REJECT I CITY ATTORNEY c, . NO :1= ENGINEERING Cnmm . NO ()R.IE~ UTILITIES Comments: 1. Submit the proposed easement realignment documentation to the Utilities Department for recordation. 2. Apply to the Dept. of HRS for installation of the new section of water main. 3. The building permit for the proposed Winn-Dixie store modifications shall not be issued until the water main has been re-Iocated and placed in PLANNING AND ZONING Comments: 4. Utility Companies comments shall be received in writing. S. It is recommended that written verification be provided from the applicant that the re-alignment of the utility easement was coordinated with the FPL construction coordinator. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 6. To be determined ADDITIONAL CITY COMMISSION CONDITIONS 7. To be determined. MEH/dim c:RIVERWALWPD /1 C I T Y 0 F PLANNING & BOYNTON DEVELOPMENT BOARD AGENDA B E A C H MEETING DATE: Tuesday, October 8, 1996 TIME: 7:00 P.M. PLACE: Commission Chambers 100 E. Boynton Beach Boulevard Boynton Beach, Florida 1. Pledge of Allegiance. 2. Introduction of Mayor, Commissioners and Board Members. 3. Agenda Approval. 4. Approval of Minutes. 5. Communications and Announcements. A. Report from the Planning and Zoning Department 1) Final disposition of last meeting's agenda items. B. Filing of Quarterly Report for Site Plan Waivers and Minor Site Plan Modifications. 6. Old Business: A. PUBLIC HEARING Rezoning (Postponed from September 10, 1996) 1. PROJECT: East Ridge PUD AGENT: W. Keith Grant John A. Grant, Jr., Inc. OWNER: Gary De Graf De Graf, Inc. LOCATION: East side of the intersection of N.E. 4th Street and N.E. 20th Avenue DESCRIPTION: Request for master plan approval for 34 single-family units in connection with a rezoning of 5.01 acres from R-3 to PUD (Planned Unit Development) with a Land Use Intensity of 7.00. 7. New Business: A. APPEALS Landscape Appeal 1. PROJECT: Boynton Festive Center Page 2 Planning and Development Board Meeting Agenda for October 8, 1996 AGENT: OWNER: LOCATION: DESCRIPTION: B. New Site Plan 1. PROJECT: Jill Jarkesy Agree Ltd. Partnership The northwest corner of Old Boynton Road and Congress Avenue Request for a landscape appeal to omit a 2.5 foot wide landscape strip between a vehicle use area and a proposed abutting property line in connection with subdividing the shopping center. Boynton Commons PCD AGENT: Land Design South OWNER: Bill Ray Winchester and Elsie A. Winchester LOCATION: The southwest corner of Old Boynton Road and Congress Avenue DESCRIPTION: Request for site plan approval to construct a 213,650 square foot retail center including five (5) leased out parcel buildings on 22.885 acres. 2. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: C. OTHER Parking Lot Variance 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Burger King Restaurant - Shop pes of Woolbright PCD Morton Group, Inc. Howard Scharlin, Trustee Northeast corner of S.W. 8th Street and Woolbright Road Request for site plan approval to construct a 2,911 square foot restaurant with drive-thru on .918 acres within the Shoppes of Woolbright PCD. Boynton Commons PCD Land Design South Bill Ray Winchester and Elsie A. Winchester Southwest corner of Old Boynton Road and Congress Ave Request for a variance from the Land Development Regulations, Chapter 23 - Parking Lots, Article II, Section H.5 - Clearance at major driveways, to reduce the required distance of the interior access aisle to the driveway on Old Boynton Road from 100 feet to 65 feet. Page 3 Planning and Development Board Meeting Agenda for October 8, 1996 Abandonments 2. PROJECT: AGENT: OWNER: APPLICANT: LOCATION: DESCRIPTION: 3. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: 4. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Discussion Flowers Bakery WarehousefDistribution Center - Quantum Park PID Sam EI-Kholi Spring Engineering, Inc. Quantum Associates First Eagle Developments, Inc. West 15 feet of Lot 47-B in Quantum Park Request to abandon a 15 feet wide utility easement, located in the western part of Lot 47-B of Quantum Park. Jonathan's Grove Kent Ewing Ewing and Shirley, Inc. Jonathan's Grove Homeowners' Association East of Lawrence Road, approximately 800 feet south of Hypoluxo Road Request to abandon a ten (10) foot wide portion of a buffer wall, drainage and landscape easement located in the rear yards of lots 1 through 15, and 18 through 32 of Jonathan's Grove. Riverwalk Shopping Plaza a.k.a Causeway Shopping Center Lee Starkey The Starkey Group Riverwalk Plaza Joint Venture Southeast corner of US Highway #1 and S.E. 15th AvenuefWoolbright Road Request to abandon a ten (10) foot wide utility easement in connection with the proposed expansion of the Winn-Dixie Store. 5. Proposed changes to all of the Land Development Regulations. 8. Comments by members 9. Adjournment NOTICE Page 4 Planning and Development Board Meeting Agenda for October 8, 1996 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S.286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (407) 375- 6013 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLE ACCOMMODATE YOUR REQUEST. xc: Central File c:P&D108.WPD