LEGAL APPROVAL
MEMORANDUM
TO:
PETE MAZZELLA, ASST. TO THE DIRECTOR
UTILITIES DEPARTMENT
FROM:
SUE KRUSE, CITY CLERK
JANUARY 23, 2001
TWO EASEMENT - FIDELITY FEDERAL BANK AND TRUST
DATE;
RE:
Attached please find copies of the above mentioned easements that were
recorded in Palm Beach County on December 18, 2000.
Lk.. W-u<2L-
C: Development
Planning
Engineering
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City of Boynton Beach
100 E Boynton Beach Blvd
P.O. Box 3 IO
Boynton Beach,Fl 33425
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Dec-18-20fil0 09:25a. 00-481. 984
ORB 12202 Pg 1340
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EASEMENT
TInS INDENTURE made this (jh day of~br'-'A.D.,~,
~
by Fidelity Fedpral Rank & TrllRt
a corporation existing under the laws of the United States of America
and having its principal place of business at 205 Datura St., West Palm B~ch, FL
first part, to the City of Boynton Beach, a political subdivision of the State of
Florida, second party:
(Wherever used her~in, the terms, "first party" and "second
party" shall include singular and plural, heirs, legal.
representatives and assigns of individuals and the successors
and assigns of corporations, wherever the context so admits or
requires.)
WITNESSETH
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Whereas, the first party is the owner of property situate in Palm Beach
County, Florida, and described as follows:
peN 08 43 45 12 00 000 10~0 ANn OR 41 4~ 11 00 000 10RO
Legal Description:
See attached Legal Description by Ford, Armenteros & Manucy, Inc.,
dated 12/06/00.
and,
WHEREAS, the second party desires an easemeQt for water and sewer utilities
' and/or other appropriate purposes incidental thereto, on, over and across said
property,
and,
WHEREAS, the first party is willing to grant such an easement,
NOW. THEREFORE, for and in consideration of the mutual covenants each
to the other nmning and one dollar and other good and valuable
considerations, the first party does hereby grant unto the party of the second
part, its successors and assigns, full and free right and authority to construct,
maintain, repair, install and rebuild facilities for above stated purposes and
does hereby grant a perpetual easement on, over and across the above
described property for said pUrposes.
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ORB 12202 Pg 1341
IN WInmsS WHEREOF, the first party has caused these presents to be duly
eXecuted in its name and its COl]lOmte seal to be hereto affixed, attested by its III
proper officcrs thercunto duly authorized, the day and year first above written.
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Signed, sealed and delivered
in the presence of:
~~~L /
-~~.
(CORPORATE SEAL)
SENIOR VICE PRESIDE T
ArrEST:~/~U/J!?-/~/.(/
SECRETARY.
'.'
, r~ i
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgments,
personally appeared n:llni p 1 F Turk ~nrl PM",-i pi ~ r.l ~gpr
well known to me to be the Seni or Vi C'efresident and Secretary
respectively, of the Corporation named as first party in the foregoing
Easement 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 thereto is the
true Corporate seal of said Corporation.
WITNESS ~ hand and 0 cial seal in t e County and State last
aforcsaidthis_{n day of A.D., ~~.
My commission expires:
,"l':}.!;~.. LISA M. THIES
,<tl~"''':~
t.: :.~ MY COMMISSION /I CC 596830
~~ .. i EXPIRES: January 15, 2001
"'~ "r,i. ,,' IlondecI Thru Nnl3Iy PIIbIc IJncIIrwrtlm
ORB 12202 Pg 1342
THIS IS A NOT A BOUNDARY SURVEY
A portion of the South 200 feet of the North 240 feet of the East 500 feet of the
West 550 feet of the North One-Quarter (N.1/4 of Section 32, Township 45 South, Range
43 East, Palm Beach Counrty, Florida and being also known as Tract H-5, Less the East
200 feet thereof, as marked (Not Included) on the plat of "TENTH SECTION, PALM LEISUREVILLE,
recorded in Plat Book 3D, Page 129 through 141, inclusive, Public Records of Palm Beach
County, Florida, being more particularly described as follows;
Commence at the Southeast corner of said Tract H-5; Thence S.88.00'52"w., along a
line 53 feet North of and parallel with the centerline of Southwest 15th Avenue,
as shown in said Plat Book 30 at Page 129, a distance of 26.96 feet; thence
N.01.S9'08"W. for a distance of 7.00 feet to the POINT OF BEGINNING of the following
described parcel of land; thence continue along the last described course for a
distance of 20.00 feet; thence S.88.00'52"w. for a distance of 15.00 feet; thence
S.01.59'08"E. for a distance of 20.00 feet to a point on a line 7.00 feet North
of the South line of said Tract H-5; thence N.88.00'S2"E. along a line 7.00 feet
North of the South Line of said Tract H-5 for a distance of 15.00 feet to the
POINT OF BEGINNING.
I hereby certify to the best of my knowledge and belief that this drawing is a
true and correct representation of the specific purpose sketch & legal description of the
real property described hereon. I further certify that this site plan was prepared in accordance
with the applicable provisions of Chapter 61 G 17 -6 Florida Administrative Code.
Ford, Armenteros & Man
nucy Jr. P.S.M.
I Surveyor & Mapper No. - 5158
Aorida. )
Date : 12/05/00
Revision 1:
Revision 2:
~1l The Legal Description was provided by the Client.
Type of Drawing: SKETCH AND LEGAL DESCRIPTION
Bearings shown hereon are based on: The south line of Tract 11-5""-
of the plat of TENTH SECTION, PALM BEACH LEISUREVILLE, as recorded in
Plat Book 30 at Page 129, of the Public Records of Palm Beach County, Florida.
bears North 88.00'52" East.
4) Reproductions of this Drawing are not Valid unless embossed
with the official Seal of the above Surveyor.
5) All bearings and distances shown hereon are recorded and measured
unless otherwise shown.
6) 0 Copyright 2000, Ford, Armenteros, & Manucy, Inc.
~
SHEET 1 OF 2
- --
Name
Return to: (enclose self-addressed stamped envelope)
Congress Avenue
\- - - - - -+ - - - - - ~w... u';;---
I SectIon 32-46-43
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ORB 12202 Pg 1343
DOROTHY H. WILKEN, CLERK PB COUNTY, FL
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;: '!"'YPING THIS DOCUMENT CAFlt:lIAGE ~ETURN ~NO I
cYPE THROUGH THE HANDPR'NT seXES
FLORIDA DEPART~IENT OF RE\lEN{)E
"'\;::; "
1111
THIS IS A :\1ACHINE READABLE 1:0RM IF I-1AND P~INT1NG
Tr-;iS OOCUME~T PLEASE PRINT \lUMBERS CA8EFULl y
'NITrltN THE seXES AS SHOWN AT RiGHT.
PARCEL
Oc~T'F'CA T10~j
~~LJi\15ER
is THIS A ~iILJi_ -I."ARC:::,- j\i1 0
- TRA~JSAC-,ONI ~, E 3 ~ . NO
IS THIS TRANSACTION A 0
SPUT OR C0TOLJT FROM
ANOTHER PARCEL' .. YES
~NO
3.
,3RANTOR F , 0 c.~ t I T 'r F A (J E"t</J L 1/ 4 tV K r:f- rr ~ lA S T
:
PHONE ( ) CORPOR" TE
NO \j,,:V1E
1_,,:.: 'j;"".:- c,:;t "J.~~
i C, T Y (J IY ~ r W 11 d'
! GRANTEE 0 F 0 t) II c. /I
STREET / (J () G IJ " y AI T 0 IV (1 r 4 /I l- V /J
ADDRESS C. /I
CITY/STATE: (j 'I AI T ~ ~ /J ~ r+ c.. If F L ZIP 1 1 ~ 2- j -[3!IE
0 CODE
PHONE i ( S- , ) 7 i 2 G CORPORA TE
NO, I I " CJ 0 NAME
DATE OF SALE/TRANSFER SALE/TRANSFER PRICE I -
Last r'\ lame
=''''st ~Jar1e
i
5.1
I
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M nth '{.=. r
IPROPERTY LOCATED INrn ~~u~~,T~,c'~~?~~P~,_o
5. TYPE OF DOCUMENT
..
Warranty 0
Deed
Quit Claim 0
Deed
Contract / Agreement 0
for Deed
Other m
I TO THE BEST OF YOUR KNOWLEDGE, WERE THERE UNUSUAL CIRCUMSTANCES OR CONDITIONS TO THE SALE, MARK (X) BY THOSE THAT ,.PDL'i
71
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Title Defects B
Mineral Rights
SalelTransfer B
under Duress
Foreclosure
Related to Seller B
SalelTransfer of a
Partial or Undivided Interest
SalefTransfer B
by Court Order
Other
(No EXPlanation)
Needed
8. Property Type:
Mark (X) those
that apply
Residential
o
Commercial
Industrial
~ 0
~ YEsD/~NO
Agricultural
o
Institutional I
Miscellaneous
o
Government
Vacant
o
o
Acreage
o
10.1
I
AMOUNT OF DOCUMENTARY STAMPS TO BE AFFIXED TO DOCUMENT?
~
$
i TO THE BEST OF YOUR KNOWLEDGE.
9.1 WAS UNUSUAL PERSONAL
. PROPERTY INCLUDED iN THE SALE?
IF "YES", PLEASE STA TE THE
~ AMOUNT ATTRIBUTABLE TO .... $
THE PERSONAL PROPERTY
11 IF ITEM NUMBER 10 15 'ZERO'. IS DEED EXEMPT FROM DOCUMENTARY ~/'D
' STAMP TAX UNDER 520102(6), FLORIDA STATUTES?
YES NO
I WAS PROPERTY
IMPROVED
12. WITH BUILDING(Sj AT
?
YES~t 0 NO
(1 HEREBY CERTIFY THA T THIS RETURN HAS BEEN EXAMINED BY ME AND TO THE BEST OF MY KNOWELDGE AND BELIEF IS A TRUE AND COMPLETE RETURN.
Signature Jt Grantor. Grantee Jr Grantee s Agent I Date
,
I
"
,yARNING FAILURE TO FleE THIS .RETURN SHALL RESULT IN A PENAL TV OF 525 00 IN ADDITION TO ANV OTHER PENAL TV iMPOSED BY THE REVENUE LAWS ,:}C Fl':}R!DA
TO BE COMPLETED BY THE CLERK OF THE CIRCUIT COURT'S OFFICE
CLERK'S DATE STAMP
~ FILE NUMBER I [
~ DATE BOOK & PAGE NO"
OR FILE NO, RECORDED . .
, i
O,R, BOOK ~
AND
PAGE NUMBER ~
Month
Day
{ear
"CLERKS OFFICE TO RETAIN WHITE COPY FOR DEPARTMENT OF REVENUE REPRESENTATIVES - SEND CANARY COPY TO PROPERTY APPRAISER'
FLORIDA DEPARTMENT OF RE"TENUE
1111
~ TYPING THIS DOCUMENT CARRIAGE 'ET.jR" 'ND
"'PE THROUGH THE HANDPRINT 30XES
."'S :S . \'ACHINE READABLE FORM IF HAND PRINTiNG
THIS :JOCUMENT PLEASE PRINT NUMBERS CAREFULU
",iIT~IN r:'E Boxes AS SHOWN AT RIGHT ~
PARCEL
'DE~F~F'C,A~:ON
l"lUMBER
j -
, IS THISA ~,IUL '[-PAP,'':;::::''
TRANSACTION? ~
!V'I
,=~~
DNO
IS THIS TRANSAC'!ON A D ~
SPUT OR CUTOUT FROM
ANOTHER PARCEU ... YES NC
~ast :--'~3me
First Name
~,
GRANTOR IF i () E l.- I r y F 5- 0 C~ 4 ~ () /I M ~ 1- T I~ f,,( J' r
PHONE ( ) CORPORA TE
NO 'JArviE
'_jS: 'u.'':".t: ="st 'J3me
GRANTEE, 1", r y 0 p IJ 0 y 'N r j) ~ IJ 6 JI- c If
STREET J 0 0 ~ /J 0 y ~ T 0 ~ /J ~ If c:. It- 11 L V P
ADDRESS
CITY/STATE 8 'D Y tV T 0 tV a t:" 4- G If F '- ZIP J 1 f' 2- r - 0ilE
CODE
I ( )
PHONE I 5 , 1'( CORPORATE
NO. i , { 7 't 2. 'I 0 NAME
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DATE OF SALE,TRANSFER
~/$I
~,-"_'l" :::-::-;":',-:-
..
Warranty 0
Deed
Quit Claim 0
Deed
[PROPERTY LOCATED INrz0
I
Contract / Agreement D
for Deed
COUNTY, i'LOHiDA
3. TYPE OF DOCUMENT
Other ~
TO THE BEST OF YOUR KNOWLEDGE, WERE THERE UNUSUAL CIRCUMSTANCES OR CONDITIONS TO THE SALE, MARK ',Xi 8Y ,HOSE 'i-'AT .l,PPL. y
7
Title Defects B
Mineral Rights
SalelTransfer B
under Duress
Foreclosure
Related to Seller B
SalelTransfer of a
Partial or Undivided Interest
SalelTransler B
by Court Order
Other
(No EXPlanation)
Needed
Residential
Commercial
Industrial
~ 0
. YEsD/~NO
Instltutional/
Agricultural Miscellaneous Government
01 0 0
Vacant
Property Type:
Mark (Xl those
that apply
o
o
Acreage
D
'0. AMOUNT OF DOCUMENTARY STAMPS TO BE AFFIXED TO DOCUMENT?
.
$
TO THE BEST OF YOUR KNOWLEDGE.
WAS UNUSUAL PERSONAL
I PROPERTY INCLUDED IN THE SALE?
I
IF "YES", PLEASE STATE THE
~ AMOUNT A TTRIBUT ABLE TO ~ $
THE PERSONAL PROPERTY
:1 IF ITEM NUMBER 10 Is'ZERO'. IS DEED EXEMPT FROM DOCUMENTARY ~/D
' STAMP TAX UNDER 5201 0216) FLORIDA STATUTES?
. YES NO
I WAS PROPERTY
IMPROVED
12. WITH BUILDING(S) AT
?
YES~/ DNO"
rf HEREBY CERTIFY THA T THIS RETURN HAS BEEN EXAMINED BY ME AND TO THE BEST OF MY KNOWELDGE AND BELIEF IS A TRUE AND COMPLETE RETURN>
, .
Signature of Grantor Grantee or Grantee s Agent
Date
I
WARNING. FAILURE TO FILE Ti-'!S RETURN SHALL RESUL T IN A PENAL TV OF 525.00 IN ADDITION TO ANY OTHER" PENAL TV IMPOSED BY ;i-'E REVE'IUE cAWS .JF ~_.J""[,4
TO BE COMPLETED BY THE CLERK OF THE CIRCUIT COURT'S OFFICE
CLERK'S DATE STAMP
O,R, BOOK .
AND
PAGE NUMBER ~
----, r;;
IIANOI
~
. FILE NUMBER I [
. DATE BOOK & PAGE NO.
OR FILE NO, RECORDED I .
Month
Day
Year
"CLERKS OFFICE TO RETAIN WHITE COPY FOR DEPARTMENT OF REVENUE REPRESENTATIVES - SEND CANARY COPY TO PROPERTY APPRAISER"
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DOROTHY H. WILKEN. CL~~ pt ~u~T
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ORB 12202 Po 134tc.
THIS IS A NOT A BOUNDARY SURVEY
OF
LEGAL DESCRIPTION:
A portion of the South 200 feet of the North 240 feet of the East 500 feet of the
West 550 feet of the North One-Quarter (N.1/4 of Section 32, Township 45 South, Range
43 East. Palm Beach Counrty, Florida and being also known os Tract H-5, Less the East
200 feet thereof, as marked (Not Included) on the plat of "TENTH SECTION, PALM LEISUREVILLE,
recorded in Plat Book 30, Page 129 through 141, inclusive, public records of Palm Beach
County, Florida, being more particularly described os follows;
Commence at the Southeast corner of said Tract H-5; Thence S.88.00'52"W., along a
line 53 feet North of and parallel with the centerline of Southwest 15th Avenue,
as shown in said Plat Book 30 at Page 129, a distance of 444.27 feet; thence
N.01.59'08"W. for a distance of 7.00 feet to the POINT OF BEGINNING of the following
described parcel of land; thence continue along the last described course for a
distance of 30.00 feet; thence S.88.00'52"W. for a distance of 30.00 feet; thence
S.01.59'08"E. for a distance of 30.00 feet to 0 point on a line 7.00 feet North
of the South 'Iine of said Tract H-5; thence N.88.00'52"E. along 0 line 7.00 feet
North of the South Une of said Tract H-5 for 0 distance of 30.00 feet to the
POINT OF BEGINNING.
SURVEYOR'S CERTIFICATE:
Dote : 7/13/00
Revision 1:
Revision 2:
I hereby certify to the best of my knowledge and belief that this drawing is 0
true and correct representation of the specific purpose sketch & legal description of the
real property described hereon. I further certify that this site plan was prepared in accordance
with the applicable provisions of Chapter 61 G 17 -6 Florida Administrative Code.
_ i
Ford, Armenteros & Manu,t:y, ~c.
I - \J
Ja~k ~a~ucy J~. P.S.M.
Profes~al Surveyor & Mapper No. 5158
State of Florida.
SURVEYOR'S
il
NOT~
The Legal Description was provided by the Client.
Type of Drawing: SKETCH AND LEGAL DESCRIPTION
Bearings shown hereon ore based on: The south line of Tract H-5
of the plot of TENTH SECTION, PALM BEACH LEISUREVILLE, os recordAI'd in
Plot Book 30 at Page 129, of the Public Records of Palm Beach County,
bears North 88.00'52" East.
4) Reproductions of this Drawing ore not Valid unless embossed
with the official Seal of the above Surveyor.
5) All bearings and distances shown hereon ore recorded and measured
unless otherwise shown.
6) 0 Copyright 2000, Ford, Armenteros, & Manucy, Inc.
/
F'lorida,
SHEET 1 OF 2
llOIlI:
IllVIIIClIII
IA FORD. MMEN1EROS II IMNUCY. INC.
11115 ,w. INllIANTOWN JIOo1\O. SUITE 14
I JUPITER, FLORI~ >>451
PHONE: (511) 743-2210 LB 1557
1lllT1O-": 1_1'1': IF1Cl.II-I-1lO.
0llII: 7/''IVfIl I.I.IUL II/a 738
SKETCH . LEGAL DESCRIPTION OF
PROPOSED U11UTY [ASDlENT
FOR FlDElJ1Y FEDERAL SITE
IITIllI.I _ Flllll IiWION CClNII1IJCIIllN
ORB 12202 Pg 1345
IN WITNESS WHEREOF, the first party has caused these presents toJJeduiy
executed in its name and its corporate seal to be hereto affixed, attested 1:-v.its
_ .v
proper officers thereunto duly authorized, the day and year first abcv~'~itten.
1: ~
Signed, sealed and delivered
in the presence of:
,.
.,
,I:-,
,,":;.;.1,,'; ..;._
;. '.. ~. ,
Christopher It. Cook ,", ,
BY C~ t~
EXECUTIVE VICE PRESrO NT -
ATTES~ !Z~ ~~U/
Patricia C.. Clager, SECRET AR Y
(CORPORATE SEAL)
STATE OF FLORIDA
eOUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgments,
personally appeared _ Christopher H. Cook
well k..'1own to me to be the Executive v~esident and Patricia C. Clager ,
respectively, of the Corporation named as first party in ~e foregoing
Easement 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 thereto is the
true Corporate seal of said eorporation.
WITNESS my hand and official seal in the County and State last
aforesaid this I yr4 day of H A.D., i&i 2000.
./
~d~
Notary Public in and for the
S tate and County aforesaid.
My commission expires:
OFFICIAL NOT Y SEAL
CINDY A COLLINS
Nor ARY PUBLIC Sf ATE OF FLORIDA
COMMISSION NO. CC572392
MY COMMISSION EXP. UL Y 25,2000
Dec-18-2B88 89:2Sa. 00-481. 985
ORB 12282 Pg 1344
11111111111 .1 11111 A .111111 Alii AI n II n 11111.
City of Boynton Beach j
100 E Boynton Beach Blvd
P.O. Box 310
Boynton Beach,FI 33425
EASEMENT
. THIS INDENTURE made this / r day of,/~(..j:
A D ~(.i:; -
,. . ., (",/ ,
by Fidelity Federal Bank & iiust
a corporation existing under the laws of the United States of Amerjica
and having its principal place of business at 2 0 5 D a t u r a St., W . P . B . " F L 3 3 4 0 1
first part, to the City of Boynton Beach, a political subdivision of the State of
Florida, second party:
(Wherever used her~in, the terms, "first party" and "second
party" shall include singular and plural, heirs, legal
representatives and assigns of individuals and the successors
and assigns of corporations, wherever the context so admits or
requires.)
WITNESSETH
Whereas, the first party is the owner of property situate in Palm Beach
County, Florida, and described as follows:
PCN 08-43-45-32-00-000-3080& 08-43-45-32-00-000-3050
Legal Description:
See Attached.
and~
WHEREAS, the second party desires an easement for water -
and/or other appropriate purposes incidental thereto, on, over and across said
property,
and,
WHEREAS, the first party is willing to grant such an easement,
NOW, THEREFORE, for and in consideration of the mutual covenants each
to the other running and one dollar and other good and valuable
considerations, the first party does hereby grant unto the party of the second
part, its successors and assigns, full and free right and authority to construct,
maintain, repair, install and rebuild facilities for above stated purposes and
does hereby grant a perpetual easement on, over and across the above
described property for said purposes.
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DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Bulent l. Kastarlak, NCARB
Director
Building
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
October 19, 1998
Kieran Kilday
Kilday and Associates, Inc.
1551 Forum Place, Suite lOOA
West Palm Beach, FL 33401
Re:
File No.:
Location:
Fidelity Federal
NWSP 98-013
2505 Woolbright Road (northeast comer of Woolbright Road and Congress Ave.)
Dear Mr. Kilday:
Enclosed is the City of Boynton Beach Development Order for site plan approval granted on
October 6, 1998,
Should you have any questions regarding this matter, please feel free to contact this office at
(561 )742-6260.
Sincerely,
/k--- z;... - ~'Lz--,L--
Michael W, Rumpf
Acting Planning and Zoning Director
MWR:jma
J\SHRDA T A\PLA:-;~l:-iG\SHARED\WP\PROlECTS\FIDELITY FEDERAL\DEV L TR DOC
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd.. P.O, Box 310 Boynton Beach. Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
C'LT'( OF BOYNTON BEACH, FLORIr'--'
PROJECT NAME: Fidelity Federal
APPLICANT'S AGENT: Kieran Kilday I Kilday and Associates, Inc.
APPLICANT'S ADDRESS: 1551 Forum Place, Suite 100A, West Palm Beach, Florida 33401
DATE OF CITY COM~';IISSION RATIFICATION: October 6,1998
TYPE OF RELIEF SOUGHT: New Site Plan
LOCATION OF PROPERTY: 2505 Woolbright Road (northeast corner of Woolbright Road and
Congress Avenue).
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MA TIER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MA TIER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
-2L HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
-2L GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5, This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
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EXHIBIT "e"
Conditions of Approval
'Project name: Fidelity Federal
File number: NWSP 98-013
Reference: The plans consist of6 sheets identified as 2nd Review. New Site Plan. File # NWSP 98-013 with a
SePtember 2, 1998 PlanninlZ and Zoning Deoartment date stamp markinlZ
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
1. On the paving and drainage plan show all markings, signage and striping X
including right turn only signs, right turn arrows and one-way arrow
signs within the Woolbright and Congress Avenue medians. [LDR
Chapter 4, Section 7.B.2.]
2. Site lighting shall not be turned off prior to 2:00 a.m. X
3. Approval by Palm Beach County Traffic Engineering and Lake Worth X
Drainage District (L WDD) sha~i be required, including written response
from L WDD regarding removal of existing outfalls into lateral Canal 26
prior to permitting.
4. All plans submitted for specific permits shall meet the city's code X
requirements at time of application. These permits include, but are not
limited to the following: site lighting, paving, drainage, curbing,
landscaping and irrigation. Permits required from other permitting
agencies, such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and
others, shall be included with your permit request.
BUILDING DIVISION
Comments:
Page 2
Fidelity Federal
File No.: NWSP 98-003
DEPARTMENTS INCLUDE REJECT
~ 5. Omit the site lighting plan found on sheet A-I and add the location of the X
proposed site lighting poles to the site plan drawing. Place a note on the
plan indicating that the permit for site lighting will comply with the site
lighting regulations specified in the Code of Ordinances,
Or
Amend the submitted site lighting plan to show no less than 0.5 foot
candles for all traffic/vehicle use areas.
6. Following site plan approval, add to the site plan drawing that is required X
to be submitted for permit review the actual setback dimensions from the
property line to the leading edge of all sides of the building and/or
canopies.
7. Following site plan approval, add to the site plan or paving and drainage X
drawing that are required to be submitted for permit revip.w a detailed
drawing of the proposed accessibility curb cuts that are identified on the
site plan and, where applicable, provide detail drawings of the
accessibility ramps. The accessibility route depicted on the permit plans
shall be III compliance with Accessibility Code for Building
Construction.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
8. Continue the 5 foot wide landscape buffer eastward from Phase I along X
the south property line of Phase 2 between the access drive and
Woolbright Road. Provide a continuous hedge, I tree per 40 linear foot,
and irrigate accordingly. Ch.7.5 Art.II Sec.5 Par.D.I
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
9. Replace Lantana ground cover with non-evasive plant material. X
10. Enlarge dumpster enclosure to accommodate recycling container if X
necessary for business recycling activities.
Page 3
Fidelity Federal
File No.: NWSP 98-003
DEPARTMENTS , INCLUDE REJECT
ADDITIONAL CITY COMMISSION CONDITIONS
II. Enhance perimeter landscaping along the rights-of-way with additional shrubs X
and base planting to include 23 Peregrina shrubs placed in front of the
Coco Plum shrubs between the Buttonwood trees, and accent planting
with Liriope.
12. Replace the Lantana with dune sunflower (Heliantus debilis) ground cover. X
MWR/dim
J:\SHRDA TA\PLANNING\SHARED\INP\PROJc'_ TS\FIDELllY FEDERAL\NWSP 98-013\COND, OF APPR-2ND REVlEW,DOC\
MEETING MINUTES
REGULAR CITY tOMftt_JSION
BOYNTON BEACH, FLORIDA
OCTOBER 6, 1998
13, Proposed Resolution No. R98-169 Re: Approving and ratifying the
collective bargaining agreement between the City of Boynton Beach and
the Boynton Beach Association of Firefighters, IAFF local 1891, for the
contract term commencing October 1, 1997 through September 30, 1998
and authorizing the Mayor to execute a letter of Understanding
accompanying said contract bargaining agreement
14, Proposed Resolution No. R98-170 Re: Authorizing and directing the
Mayor and City Clerk to execute an interJocal agreement between the City
of Boynton Beach and the Solid Waste Authority of Palm Beach County,
providing for municipal recycling and grant management
15. Proposed Resolution No. R98-171 Re: Ratifying the hiring of an
Assistant City Attorney and authorizing the Mayor and City Attorney to
enter into an appointment contract with Nicholas I. Igwe
Item IV-C.15 was added to the Consent Agenda during agenda approval.
D. Ratification of Planning & Development Board Action:
1. Orchard landing (M. Jeffrey Semko) - East of US #1 approximately 185'
south of Golf Road - Request for variance approval to allow a 75'
reduction from the required 100' minimum lot frontage requirement; a
reduction to 25', in preparation for construction of 20 condominium units
on flag-shaped parcel (TABLED ON 9/15/98 - KEEP ON TABLE UNTIL
11/4/98)
2, Stor-AlI - North of Boynton Beach Boulevard, west of 1-95 on Industrial
Way - Request site plan approval to construct an 84,830 square foot self-
service storage facility on a 4.353 acre parcel of land - TABLED TO
10/06
3, Fidelity Federal - (2505 Woolbright Road; northeast comer of Woolbright
Road and Congress Avenue) - Undsey Walter, Kilday and Associates, Inc,
- Request for site plan approval to construct a 4,200 square foot bank
building and Associated parking on a 1.02 acr' parcel of land.
At Commissioner Denahan's request, Item 0.3 was removed Trom the Consent Agenda for
discussion,
4. Auto eare Centers of America (Southeast comer of Woolbright Road and
Congress Avenue) - Annette Stauffer, Sign Craft - Request approval for
sign program (TABLED TO :10/06)
At Commissioner Titcomb's request, Item 0.4 was removed from the Consent Agenda for
discussion.
7
MEEnNG MINUTES
PLANNING 8r. DEVELOPMEr4. SOARD
BOYNTON BEACH, FLORIDA
SEPTEMBER 22,1998
The Original Pancake House items were approved with additional landscaping
requirements to address the "sea of asphalt",
The Semsco site plan was approved.
--
6. OLD BUSINESS
None
7. NEW BUSINESS:
A. PUBUC HEARING
Abandonment
The Recording Secretary administered the oath to all who would testify during these proceedings.
1.
Project:
Agent:
Location:
Description:
Ameritech International, Inc.
R, Joseph Mulhern
SW 3rd Avenue, east of SW 8th Street
Request for approval for abandonment of an alley located at SW
3rd Avenue, east of SW 8th Street, to allow for assembly with
adjacent lots and development of single-family homes,
Joe Mulhern, 3096 Banyan Road, Boca Raton 33432, agreed with the condition of approval.
CHAIRMAN WISCHE ANNOUNCED THE PUBUC HEARING, THERE WAS NO ONE PRESENT WHO WISHED
TO SPEAK ON THIS APPUCATlON,
Motion
Mr. Rosenstock moved that we grant the request by Ameritech International, represented by Joseph
Mulhern, for approval for abandonment of an alley located at SW 3rd Avenue, east of SW 8th Street, to
allow for assembly with adjacent lots and development of single-family homes, Vice Chairman Reed
seconded the motion that carried unanimously,
B. SITE PLANS
New Site Plan
1.
Project:
Agent:
Location:
Description:
FIdelity Federal
Undsey Walter
Kilday and Associates, Inc.
2505 Woolbright Road; northeast corner of Woolbright Road and
Congress Avenue
Request for site plan approval to construct a 4,200 square foot
bank building and Associated parking on a 1.02 acre parcel of
land,
Undsey Walter, 1551 Forum Place, West Palm Beach, agreed with all of the conditions of
approval,
2
MEETING MINUTES
PLANNING & DEVELOPMEN I BOARD
BOYNTON BEACH, FLORIDA
SEPTEMBER 22, 1998
CHAIRMAN WISCHE ANNOUNCED THE PUBliC HEARING. THERE WAS NO ONE PRESENT WHO WISHED
TO SPEAK ON THIS APPUCATION.
Motion
Mr. Rosenstock moved to approve the Fidelity Federal Bank, located at 2505 Woolbright Road, the
request for site plan approval to construct a 4,200 square foot bank building and associated parking on a
1.02 acre parcel of land subject to staff comments. Mr, Friedland seconded the motion,
Vice Chairman Reed pointed out that the plan indicates a dumpster enclosure suitable for only one
dumpster even though there will be a need for an additional dumpster for recyclables, He explained that
our rules require only the single dumpster enclosure, Mr. Rumpf explained that our Code is antiquated.
At Chairman Wische's request, the applicant agreed to rectify this situation.
In Vice Chairman Reed's opinion, the landscape plan needed a more suitable ground cover than Lantana
Camara, which is an invasive species,
Karen Jansen, Landscape Architect, agreed to make a substitution of the ground cover, Vice Chairman -
Reed recommended that native ground cover be substituted,
Mr. Rosenstock reported that prior to this application coming before the board, he spoke with Mr, Kilday
about this project. Mr. Rosenstock pointed out to him that this project was on a very important corner in
the City. Mr. Kilday verbally promised Mr, Rosenstock that he would over-landscape this property to
provide a softer look, Mr. Rosenstock pointed out that the plans did not indicate over-landscaping.
Ms. Jansen advised that additional foundation plantings were added, However, the applicant met the
requirements with respect to the buffers. She offered to investigate increasing the amount of plantings
in the landscape buffers, In response to Mr. Rosenstock's question, Ms, Jansen and Mr, Walter agreed to
commit to provide additional landscaping.
The motion carried unanimously,
Mr. Rumpf pointed out that the motion did not include the enhancements.
When Mr. Rosenstock attempted to clarify his motion, Attorney Lichtman explained that the motion was
made prior to any of the questions being raised, T~ ,erefore, the motion could not be amended, The vote
was taken on the motion and the motion was approved,
Mr, Rosenstock took exception to Attorney Lichtman's explanation and felt he and the seconder could
amend the motion, Attorney Lichtman advised Mr, Rosenstock to vacate the motion if that was his
desire.
Motion
Mr. Rosenstock moved to vacate the motion and make a new motion, Mr, Friedland seconded the motion
that carried unanimously,
3
. MEETING MINUTES
PLANNING &. DEVELOPMENl BOARD
BOYNTON BEACH, FLORIDA
SEPTEMBER 22,1998
Motion
Mr. Rosenstock moved that the project known as Fidelity Federal Bank, located at 2505 Woolbright Road,
on the northeast corner of Woolbright Road and Congress Avenue, request for site plan approval to
construct a 4,200 square foot bank building and associated parking on a 1.02 acre parcel of land, Mr.
Rosenstock made the motion subject to the request and comment by Colonel Reed with regard to the
landscaping and his own comments regarding the additional landscaping as promised by Mr, Kilday and a
dumpster, if needed, for recycling in addition to the dumpster that is already located on the plan. Mr.
Friedland seconded the motion that carried unanimously,
2,
Project:
Agent:
Location:
Description:
Auto Care Centers of America
Annette Stauffer
Sign Craft
Southeast corner of Woolbright Road and Congress Avenue
Request approval for sign program
(Postponed from September 8, 1998)
The Recording Secretary administered the oath to Ms, Stauffer,
Annette Stauffer, 153 Dove Circle, Royal Palm Beach, is the agent for this application,
In response to Chairman Wische, Ms, Stauffer advised that she had not seen the latest staff comments.
Chairman Wische read the comments that appeared on Exhibit "Oil as follows:
1. Add to sign details color codes to properly delineate exact colors proposed.
The applicant agreed with this comment.
2. Reduce both pole signs below the maximum height of 20 feet,
Ms. Stauffer advised that the board requested decorative trim at the top of the sign, This added 12" and
brought the height to 21', She agreed to lower the sign to 20',
3. Replace the single pole base on the secondary sign with the arch-enhanced base
proposed for the primary sign without increasing sign area,
Martin Heise explained that these two pole signs will not be visible at one time. The single pole will be
adjacent to the existing single-pole SunTrust sign on Woolbright Road and would be compatible with an
existing single-pole on that street, On Congress Avenue, Amoco has a double-pole sign. The Auto Care
sign would be compatible with that sign on Congress Avenue, Ms, Stauffer added that both signs are
compatible with signs in the area and match the trim of the buildings,
Mr, Rosenstock questioned the size of the SunTrust sign, Mr. Heise stated that although he did not know
the size of the cabinet, the sign is at least 20' tall and it is a single-tenant sign. Mr. Rumpf added that
the SunTrust sign is approximately 6' x ]' and the McDonald'sl Amoco sign is only 5' wide, He confirmed
for Mr, Rosenstock that the sign area is within the Code,
Mr, Rosenstock referred to Paragraph 4 on Page 3 of Memorandum PZ 98-277, wherein staff
recommends reducing the width of the primary pole sign and vertically aligning the tenant names on the
sign, He requested an explanation of staffs recommendation,
4