LEGAL APPROVAL
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MEMORANDUM
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TO:
ftANNING AND
ONING OEPT
TAMBRI HEYDEN, PLANNING AND ZONING ADMIN.
FROM:
SUE KRUSE, CITY CLERK
DA TE:
DECEMBER 17, 1997
RE:
RESOLUTION #R97-203 and #R97-204
Attached please find copies of the above mentioned resolutions which were approved at
the City Commission meeting held on December 16, 1997.
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RESOLUTION NO. R97-~&,g
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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.
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WHEREAS, the applicant, J. RICHARD HARRIS, ESQ., agent for
I CONDOR INVESTMENTS OF PALM BEACH COUNTY, INC., has requested
I abandonment of a Sixty (60') foot wide right-of-way, located within the High
I
i Ridge Commerce Park PID and Cedar Ridge PUD subdivision;
WHEREAS I 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
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 sixty (60') foot wide
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right-of-way, and more particularly described in Exhibit "A".
Section 2. The Mayor and City Clerk are hereby authorized 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.
I,
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PASSED AND ADOPTED this /~ day of December, 1997.
CITY OF BOYNTON BEACH, FLORIDA
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Commissioner
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EXHIBIT "An
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.
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 97-373
TO:
RoseMarie Lamanna
Paralegal
Doris I. Marttila CJ ~1
Administrative Assistant
FROM:
DATE:
July 16, 1997
SUBJECT:
High Ridge Commerce Park PID (Utility Easement Abandonment and Landscape
Buffer Easement Abandonment)
Attached is the back-up for the above-referenced abandonments for High Ridge Commerce Park
PID from the last Planning and Development Board meeting that Tambri asked be given to you
to prepare the two resolutions needed for the City Commission. Also all conditions have been
satisfied.
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J:\SHRDA T A \Planning\SHARED\ WP\CORRESP\CITY A ITY\aband High Ridge Reso.doc
SCOTT
ROYCE
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ATTORNEYS AT LAW
SCOlT, ROYCE, HARRIS, BRYA,,"'I, BARRA & JORGENSEN, P.A.
July 14, 1997
Via Fax: (561) 375-6259
Ms. Tambri Heyden, Director
Planning and Zoning Division
City of Boynton Beach
100 E. Boynton Beach Boulevard
Post Office Box 310
Boynton Beach, Florida 33425-0310
RE: Condor Investments of Palm Beach County, Inc.
Abandonment Proceedings
Dear Tambri:
Pursuant to the meeting of the Zoning Board held on July 8, 1997, enclosed you
will find a copy of the Easement from Condor Investments of Palm Beach County, Inc.,
to Florida Power & Light Company, which has been recorded in the Public Records.
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If you have any questions or require anything further, please do not hesitate to
contact me.
Very truly yours,
JRH/kmb
Enclosure
RIClL\RD K. BARRA. Jom; L BRYA;\', JR. . J. RICHARD HARRIS
lOBI\' M. JORGE~SE:\' . DO~:'\A A. ~ADE\l- . RAYMO~D W. ROYCE
ReBERT c. SCOTT (l925.I<J82i . KE\'!;\, M, WAC;\'ER . BRIA;\, K, '.l",.\.~\IA~
4400 PGA BOCLEVARD, SeITE 800 . PADl BEACH GARIlEKS, FLORIDA 33410
(561) 624-3900 . FAX (561) 624-3533 . bIAIL, scottroyce@ibm.net
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Relurn 10: (enclose sell-addressed stamped envelope)
Name
Address:
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Property Appraisers ParcelldentificatiQn (Folio) Number(s):
. 0 ~ .'~:} .'{i; WED 11: 23 FAX -10; 62-1 3533 SCOTT, ROYCE
FROM : FPl BOYN SVC PLANNING PHONE NO. : 561 359 2251
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Apr. 23 1997 11:1~~1 P1
W,wlc OrdGr No. ___'_ .
EASEMENT
Th'$ In~'um.nl PfSpMod By
Sec. _, Twp _ S, Rl5c _ E
Nftme~
rureel I.D, /I
(MniPllllin"d by County ^ppr.i_cl)
Co, Name:
,AGgrus'
!:orm 3723 IS,ocl..d\ RliIV, 7/94
Tht" underslg~ed, in considt:rlltion of the P.ym~t of $1.00 nnd olller good .nl1
valuable constderAtion, the odequ/lcy and receipt of which is hereby ac:knowlL'ldgod,
grant and give to Florida POWel' & Ught Company. its licensees, agents, SUccellsors,
and asslgnlS. ~ Cll.gement (crl:lver for the con~t:ructjon, operation and maintell4I1"C: of
OVe1'h~lld one! underground C1l..ctTic utility facilities (inc:1uding wirelO, pl,lle~, guy.,
cables, conduit, lUld appurtenaTlt equipment) to be installed f'rt;lm time to time; with
the tight to r~ol'Jstruct, improve, adti to, enlarse, chan/5e the voltage, as woll as, the
sIze of and remove ~ueh facilities or any of thl!flTl wilbl11 at! clIsement _ feet In
width (the '~l'roximatc location of which is OihDwn in the sket.ch 011 Paso :2 of this
instrument) located within the following d~c:ribed property:
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SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
T~g~th(:r with tho right to pemlit <iny other person, firm or ,corporation to attach wi,res to IiI!1Y fllcilitie:i hereullder and lay c:~ble wld co,nduil
wlth1.n the e~emlent and to operate ~e s~rne for communications pllrpOBli:S; the nght of m,gntll~ ~d; e~ess to said premiSes (\1 0.11 hm~s;
the rlght to clear the land and kr:r:p lt eleared of 1l1llreos. undergrowth 8l'Id other obstrucbons wlthlTl tbe eil&ement area; to trJm and cut
and keep trimmcd ltnd cut all dead, weak, leaning or dangerous treos or limbs ours/de' of the easement artil whic;h might intc.rfere with
or ran upon the lines or lIystelIJ$ of COmn1wUcBtfons, or power tt8nsmisslon or cUsttibutio.n; and furthl!T srants, to the luJJerst extent the
unders\gned hilS the power to grant. if Ilt a\1. the rigbts heroiJiabove granted on tho bmd heretofore; de.sClibed, o~u, ~lo~1 under ;and ~r05li
the Toads, stTeet$ or highways adjoinitlg or through said propert)',
TN WITNESS WHEREOF, the 1Jnderslil1ed has sis;ned and sealed this instrument en _. TTTN}i' 26 ...J 19..9.Z._.
Condor In tments 0 Pa m Beach County, Inc.
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Sicned, sealed and deli\l~red
in thc prcscnce of:
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By;
Attest:
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Print Address,
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STATE OF l<'loriil;l ANDCOUNTYOP P:;jlm Rp:'Ieh ~_ ThefoTeg(l\Tlglnstnu11entwl1sac~~I!d~idd;
before me this 26th day of June . 19..21- by David Rinker _'and
James Vanderwoude respectively the ___ Prellidertt IU1d Sec!'e'tary of
Condor Investments of Palm Beach County, Iuc. ,a Florida._ corporation, OD bebalf of ,aid
corporation. who are person.111~ known to me or have produced as i&ntific:.ltiQn, and wbo did (did not) toke Iln oath.
My Comm.ission EXpir6S: ~~\-:A.::r;:I;;:~ J. Richard Hants (Type of IdllntlnClll.ion~~ ..... L~ .
~": "Ji." :'~ MY COMMISSION II CC562310 EXPIRES r I~~.- Kl ~ '1
W"~'~"".o July 15. 2000 r"l S
.',r.ii"~'t.. 8ONOED ntRU TROY FAIN INSUlWICE.11C. J u.. t\;, ,gWI1II1';
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Return to: (enclose self-addressed stamped envelope)
Name
Address:
tlA8 9875 Pq 845
(kiROM. ij. Vrtf\B(, CtEl': PB CottHTY, ft
Property Appraisers Parcel Identification (Folio) Number(s):
EXHIBIT "A"
The following described parcel situate and located in Palm beach
County, Florida:
The South 10.0 feet and the East 15.0 feet of Tract S-2 (designated
as Miner Road) of Cedar Ridge, a P.U.D., and High Ridge Commerce
Park, a P.I.D. (the "Plat"), 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, page 58; and the following
described parcel:
Commencing at the Southwest corner of the Plat which is a point on
the South line of Section 9, Township 45 South, Range 43 East,
proceed N 880 41' 51" E along the South line of said Section 9 a
distance of 15.0 feet to the intersection of the South line of said
Section 9 and the East line of Tract S-l as established by and
designated on the Plat, which point is the point of beginning;
thence continue N 880 41' 51" E along the South line of said
Section 9 a distance of 10.0 feet; thence proceed N 000 00' 00"
W along a line parallel to and 10.0 feet East of the East line of
said Tract S-l a distance of 150.0 feet; thence proceed S 880 41'
51" W a distance of 10.0 feet to a point on the East line of said
Tract S-l; thence proceed S 000 00' 00" E along the East line of
said Tract 5-1 a distance of 150 feet to the point of beginning.
DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA;W";---rs~;;'-;~~-- r ~-:,;_
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High Ridge Commerce Park PID I ~'--~-';=_:3 i! n i
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APPLICANT: Condor Investments of Palm Beach County, Inc. l' ~ n ;,,'..., t Lj
APPLICANT'S AGENT: J. Richard Harris, Esq'---.:?~1~~JfD -1
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PROJECT NAME:
DATE OF HEARING BEFORE CITY COMMISSION: August 5,1997
TYPE OF RELIEF SOUGHT: Request to abandon a 10 foot wide utility easement along the south
property line of the High Ridge Commerce Park PID and a request to
abandon a 25 foot wide buffer easement along the south property line
of the PID.
LOCATION OF PROPERTY: Southern-most 10 feet (utility location) and the southern-most 25 feet
(buffer location) of the High Ridge Commerce Park PID, located at the
northeast corner of High Ridge Road and unimproved Minor Road.
DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO.
THIS MATTER 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
,/ 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 "B" with notation "Included".
4. The Applicant's application for relief is hereby
t/ 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.
7. Other
DATED: /Z<f_O./lC ~ /99'7
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EXHIBIT "D"
Conditions of Approval
Project name: High Ridge Commerce Park Utility Easement Abandonment and Landscape Buffer Easement
Abandonment
File number: ABAN 97-003 and ABAN 97-004
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: N/A
UTILITIES
Comments: None
FIRE
Comments: N/A
POLICE
Comments: N/A
ENGINEERING DIVISION
Comments: NI A
BUILDING DIVISION
Comments: N/A
P ARKS AND RECREATION
Comments: NI A
FORESTERlENVIRONMENT ALIST
Comments: N/A
PLANNING AND ZONING
Comments:
l. Prior to approval of the utility abandonment resolution, verification shall be /
submitted that indicates that the new easement requested by FPL has been
recorded to FPL's satisfaction.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
2. NONE.
ADDITIONAL CITY COMMISSION CONDITIONS
3. To be determined.
Ibme
s:lprojectslcond of appr\
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 PID
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 PID (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 PID (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
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/5 year contract from Sensus Technologies,
Inc., Norcross, GA, for an estimated total purchase over a 10-year
17
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
JULY 8, 1997
Chairman Dube acknowledged the arrival of City Manager Willis and board alternate, James
Reed.
2.
Project:
Agent:
Owner:
Location:
Description:
High Ridge Commerce Park PID
J. Richard Harris, Esq.
Condor Investments of Palm Beach County, Inc.
Southern-most 10' of the High Ridge Commerce Park PID,
located at the northeast corner of High Ridge Road and
unimproved Miner Road.
Request to abandon a 10' wide utility easement along the
south property line of the High Ridge Commerce Park PID
Motion
Vice Chairman Golden moved to recommend abandonment of a 10' wide utility easement along
the south property line of the High Ridge Commerce Park PID subject to staff comments. Mr.
Rosenstock seconded the motion which carried unanimously.
Attorney Pawelczyk reminded Mr. Harris that we will require evidence of the recorded
documents prior to. preparation of the Resolution. Mr. Harris will provide the Planning
Department with the necessary evidence.
8. COMMENTS BY MEMBERS
Pete Rose's Sian
Mr. Aguila questioned how the Pete Rose's sign was allowed, and asked who looked at the
aesthetics of the sign in order to approve it.
Ms. Heyden advised that a variance was approved by the Board of Zoning Appeals for that
sign.
Mr. Aguila expressed his opinion that this is the stupidest configuration of signage that he has
seen in a long time.
Ms. Heyden explained that staff made a comment relative to combining the two signs into one
monument; however, they could not get agreement on this issue. Pete Rose's needed to have
its own sign.
.
Mr. Aguila pointed ourthat what Pete Rose's needed was not in the best interest of Boynton.
Election of Chair and Vice Chair
Chairman Dube pointed out that it is allowable to waive a notice of meeting. He questioned
why the election could not be held now with a waiver of notice of meeting since this was an
oversight by staff.
6
JUN ? 1 '
NOTICE OF PUBLIC HEARING
. _......,.,.."-"~~_-s.,_. b_
NOTICE IS HEREBY GIVEN that the Planning and Development Board and City
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 on Tuesday, August
5, 1997, respectively, at 7:00 p.m. to consider a utility easement abandonment
application submitted by J. Richard Harris, Esq., agent for High Ridge Commerce Park.
The abandonment proposed is a 10 foot wide utility easement along the south property
line of the High Ridge Commerce Park PID, located immediately northeast of High
Ridge Road and Minor Road (unimproved). Said easement more particularly described
as follows:
Util1ty easement ten feet (10') in width located on the southerly ten feet
(10') of Lots 11 through 19, inclusive, and on the southerly ten feet (10') of
the East 161.30 feet of Lot 20, and on the southwesterly 10 feet (10') of
that portion of Lot 20 adjacent to and northeast of the southwesterly
corner line of Lot 20, which is 34.95 feet in length, 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 - aban1\LEGALNOT