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LEGAL APPROVAL ill ua OW! MEMORANDUM PLANNING AND ONING DEPT. TO: BULENT KAST ARLAK, DIRECTOR OF DEVELOPMENT FROM: SUE KRUSE, CITY CLERK DATE: JANUARY 6, 1998 RE: RESOLUTION #R97-203, Exhibit "A" and Disclaimer Attached please find copies of the above mentioned resolution and attachments which were recorded in Palm Beach County on December 23, 1997. C: Engineering Planning Files mas j: \shrdata\cc\wp\memos\kastarlak.doc ~ In-'l: f l ji i : Ii I ~ ! Ii i 1L:J Dec-23-1997 09:56u 97-457827 ORB 10149 Pg 1174 J IIIIIIKI II 0111111111111111111 11111 1111111111 III 1I11 1 IDI I CERTIFICATION I, SUZANNE M. KRUSE, CMC/AAE, City Clerk of the City of Boynton Beach, Florida, do hereby certify that Resolution #R97-203 consisting of two (2) pages and attached Exhibit "A" consisting of one (1) page is a true and correct copy as it appears in the records of the City of Boynton Beach, Florida. Also attached is the original disclaimer consisting of two (2) pages and Exhibit "A" consisting of one page. This resolution and disclaimer were approved by the City Commission on December 16, 1997. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, this 18th day of December, 1997. \\\ \ \ \ 1111/ /11111' ~\' "ll. ~..... o'(NTOJ\f ~ ~ <b .......... l!} ~ ! J- ....Oi#;JOFi.1~~ ~ '%. :: IS} ~ () ~ :: >- ::5 :c. - :: ~: 5 ~O\ S ~ ... ('It ;:: ~ ~'f ~ ~ "~"~at- ~ ' ~/, \'St~,~cc\wp\general info\c e r t i fie a t i 0 n.doc "1'1/ \\~ /I/JIII 111\\\\\' ~~~~~-' SUZ NNE MhKRUSE, CMC/AAE City Clerk December 18, 1997 ;~?~',~'.::'-.; ~, .... -.' -.-,' -,- -' _ J ]998 ('" 'C ~ <.<'.'j iG,'J --' ; I "':-'-,... -., .\ . .-{ -, "" .-t~!. ,"'-i ^-7 -y ~1fUrial 's (jateway to tfie (julfstrtam ~-~ ORB 1.0149 Pg 1175 , , ! ; , I I I , i I I' I RESOLUTION NO. R97-.:ffp.B A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A SIXTY (60) FOOT WIDE RIGHT- OF-WAY, (LOCATED WITHIN THE HIGH RIDGE COMMERCE PARK PID AND CEDAR RIDGE PUD SUBDIVISION); 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, J. RICHARD HARRIS, ESQ., agent for i i CONDOR INVESTMENTS OF PALM BEACH COUNTY, INC., has requested abandonment of a Sixty (60') foot wide right-of-way, located within the High Ridge Commerce Park PID and Cedar Ridge PUD subdivision; 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 right-of-way no I, \ longer serves any useful purpose. I NOW, THEREFORE. BE IT RESOLVED -BY THE CITY COMMISSION i : 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 sixty (60') foot wide , I I' I ; ; i I Ii , I : right-at-way, and more particularly described in Exhibit "A". i , I I i: directed to execute and deliver the attached Disclaimer and cause the same to " ORB 10149 Pg 1176 Section.2. The Mayor and City Clerk are hereby authorized and i' be filed in the Public Records of Palm Beach County, Florida. Section 3. That this Resolution shall become effective immediately I ! upon passage. PASSED AND ADOPTED this /~ day of December, 1997. CITY OF BOYNTON BEACH, FLORIDA /~<; - , Mayor ~~-~ Vic ayor Commissioner Commissioner ~-\.. ~//- ~ s:ca\wp\Reso\Forest Court Aband. ATTEST: ~ r-b,., ~ ,'''.il/ ~y/C ~"""~/~OYNro'lll~ City ~~~~'DQ,:-...Ilf ~ ~ ~ /.cpp Iij^.... (\\ ~ ~ ~ ..~ ~... ~ ~ =:1-:- C. ~~ , - \\\\' ,. "11/11111\\\\\\\ f'(~/~ ORB 10149 Pg 1177 EXHIBIT "A" That portion of Forest Court established and dedicated by the Plat of Cedar Ridge, a P.U.O. & High Ridge Commerce Park, a P.I.O., according to the Plat thereof recorded at Plat Book 46, Page 58, of the Public Records of Palm Beach County, Florida, abutting Lots 36 through 45, inclusive of Block 1 of said Plat and abutting the East 75' of Lot 35, Block 1 of said Plat. R~7~ i; I . I i; i , I ORB 110149 Pg 1178 i i I , I i II I: DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, : does hereby abandon and disclaim a certain right-of-way, 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 /$ day of December, 1997. I ! ATTEST: CITY OF BOYNTON~_~ACH, FLORIDA i STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) ~~~<2~ Su nne Kruse, City Clerk 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. i i ORB 10149 Pg 1180 DOROTHY H. WILKEN, CLERK PB COUNTY, Fl EXHIBIT uA" That portion of Forest Court established and dedicated by the Plat of Cedar Ridge, a P.U.D. & High Ridge Commerce Park, a P.I.D., according to the Plat thereof recorded at Plat Book 46, Page 58. of the Public Records of Palm Beach County, Florida. abutting Lots 36 through 45, inclusive of Block 1 of said Plat and abutting the East 75' of Lot 35, Block 1 of said Plat. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 to generating economic growth in the area. Commissioner Bradley said that becomes very subjective and he felt a lot of people would apply for these grants. Mayor Taylor hopes this will be a continuing program and will generate additional tax base. Then we will have more money to match the following year. The motion carried 4-1. Commissioner Bradley cast the dissenting vote. VII. PUBLIC AUDIENCE No one in the audience wished to address the Commission. VII. PUBLIC HEARING A. Project: Agent: Owner: Location: Description: High Ridge Commerce Park PIC J. Richard Harris, Esq. Condor Investments of Palm Beach County, Inc. 1) Southernmost 25 feet of the High Ridge Commerce Park PID, located at the northeast corner of High Ridge Road and unimproved Miner Road 2) Southernmost 25 feet of the High Ridge Commerce Park PID, located at the northeast corner of High Ridge Road and unimproved Miner Road. 1) Abandonment - Request to abandon a 25-foot wide buffer easement along the south side of the High Ridge Commerce Park PIO (Proposed Resolution No. R97-131) 2) Abandonment - Request to abandon a 10 foot wide buffer easement along the south side of the High Ridge Commerce Park PIO (Proposed Resolution No. R97-132) Mr. Harris agreed to all the conditions. Under the description, he corrected the second abandonment to read "a 10 foot wide utility easement" instead of a "buffer" easement. No one in the audience wished to address this item. 16 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 Tambri Heyden, Planning and Zoning Director, referred to Proposed Resolutions R97 -131 and R97 -132 and advised that the conditions on these abandonments have already been satisfied. Motion i Commissioner Bradley moved to approve this item. Commissioner Tillman seconded the motion, which carried unanimously. Owner: Location: Description: Enterprise Rent-A-Car Dee Monette Gil Hyatt Construction Harry Hamilton, Trustee 1009 North Federal Highway Conditional Use - Request to raze an existing building and construct a 528 square foot modular building/trailer with parking and landscaping for automobile leasing on a .17 acre lot. B. Project: Agent: Jody Covello and Kim Krestow of Enterprise Rent-A-Car agreed to all the conditions. Ms. Heyden advised that this project falls within the Federal Highway corridor. This is a small lot and there are only six parking spaces. She spoke to our planning consultants and they do not feel this would be in conflict with their study. No one in the audience wished to address this item. Motion Commissioner Titcomb moved to approve Agenda Item VII.B. Enterprise Rent-A-Car conditional use, subject to staff comments. Commissioner Bradley seconded the motion, which-carried unanimously. VIII. BIDS A. Approve purchase of a new automated remote touchread/meter system, piggybacking the Seacoast Utility Authority Bid #97-174- W/Cold Water Meters/S year contract from Sensus Technologies, Inc., Norcross, GA, for an estimated total purchase over a 10-year 17 MEETING MINUTES PLANNING & DEVELOPMt:NT BOARD BOYNTON BEACH, FLORIDA JULY 8,1997 Ida Aiken. 136 HE 6t11 Avenue, is not opposed to approval of this request, but questioned how an approval would affect her property. She is concerned that Mr. Green's house will be too close to hers. Mr. Lewicki explained that every zoning district requires certain setbacks. According to the site plan. the setbacks of 9' will be met between the external wall of the building and the side property line. There will be 20' rear and front setbacks. Mr. Wische explained to Ms. Aiken that the distance from her home to this proposed home will be no different from the distance of the existing home. Mr. Aguila added that there will be approximately 16' between the houses. Mr. Green pointed out that this parcel of land has been a nuisance because of trash piles. He plans to improve this property. Motion Mr. Friedland moved to grant the variance. Mr. Wische seconded the motion which carried unanimously. B. OTHER Abandonment Description: High Ridge Commerce Park PID J. Richard Harris, Esq. Southern-most 25' of the High Ridge Commerce Park PID, located at the northeast corner of High Ridge Road and unimproved Miner Road. Request to abandon a 25' wide buffer easement along the south side of the High Ridge Commerce Park PID 1. Project: Agent: Owner: Attorney Pawelczyk administered the oath to Mr. Rick Harris, representing Condor Investments. Mr. Lewicki had nothing additional to offer other than what was included in the back-up material. Mr. Harris advised that the road was abandoned and the buffer easement was relocated. The applicant now has two buffer easements, and they are abandoning the one that was platted. They have reached an agreement with FPL with respect to relocation of the 10' easement. Mr. Harris has prepared the agreement, and is ready to record it. Motion Vice Chairman Golden moved to approve the request to abandon a 25' wide buffer easement along the south side of the High Ridge Commerce Park PIO subject to staff comments. Mr. Wische seconded the motion which carried unanimously. 5 --------_.--~-~-------- , jUN'll ~ . -. -- .' ~ ~- .~:.::" _ , i-=~\~:',",\:,\, ,.,',l -=w"~" NOTICE IS HEREBY GIVEN that the Planning and Development Boaf4..anditi-gt~lfY ..' Commission of the CITY OF BOYNTON BEACH, FLORIDA, will conduct PUBLIC HEARINGS at CITY HALL COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, July 8, 1997 and Tuesday August 5, 1997, respectively, at 7:00 p.m. to consider a buffer application submitted by J. Richard Harris, Esq., agent for High Ridge Commerce Park. The abandonment proposed is located along the south side of the High Ridge Commerce Park PID. Said easement more particularly described as follows: NOTICE OF PUBLIC HEARING Buffer easement twenty-five feet (25') in width located on the southerly twenty-five feet (25') of Lots 11 through 19, inclusive, and on the southerly twenty-five feet (25') of the East 161.30 feet of Lot 20, and on that portion of Lot 20 south of a line which is the westerly extension of a line parallel to and twenty-five feet (25') north of the south line of Lot 20, extended to the west line of said Lot 20, all in Block 2, of CEDAR RIDGE, a P.U.D., & HIGH RIDGE COMMERCE PARK, a P.I.D., according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, at Plat Book 46, Pages 58 through 61, inclusive. 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 Planning and Development Board and 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 PLANNING AND ZONING DIVISION (561) 375-6260 PUBLISH: The Post June 22, 1997 S:\SHARE\PROJECTS\high ridge - aban2\LEGALNOT