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CORRESPONDENCE The City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 Phone (561) 742-6451 FAX. (561 742-6298 OFFICE OF THE DIRECTOR OF UTILITIES December 21,2000 Jerry A. Compton Assistant Project Manager Creech EngIneers, Inc. 203 West 3rd Street Stuart, FL 34994 SUBJECT Modification to Easement on Seacrest Boulevard Lowe's Commercial Site Development Dear Mr Compton. Pursuant to your letter to Mr Michael Rumpf, Planmng and Zoning Duector for the CIty of Boynton Beach, dated December 8, 2000, we have revIewed your request to modify (agaIn) the SIdewalk easement along the east side of Seacrest Boulevard frontIng on the East Water Treatment Plant property Your request IS denied. Your plan now reflects that a safety Issue IS present In that the eXIstIng SBT JunctIOn box now becomes a lateral traffic hazard VIOlatIng the honzontal roadway clearance to the proposed curbmg requinng the installatIOn of a guardrail. It appears that there wIll be InSUffiCIent honzontal room to Install the reqmred termInal approach end to the guardrail WIthout Interference WIth the south dnveway to the Plant SIte. I refer you to FDOT Standard Index 400, Sheet 11 of 15 for thIS Issue. In addItion, SIte tnangle dIstance from the same dnveway lookIng to the north IS now blocked WIth the same relocatIOn of the SIdewalk along Seacrest Boulevard. I suggest that you strongly conSIder the relocatIOn of the SBT JunctIOn box as the nnmedlate alternative. Jerry A. Compton December 21, 2000 Page 2 If you have any questIons regardmg tlns matter, please contact Mr Dave Kelley, PE, CIvil/Utility Engineer, at telephone number 742-6488 J A. GUidry UtilIties DIrector JAG:HDK.gb xc LIsa Graff, PE, PBCED, Land Dev DIV John A, GUidry Mike Rumpf, P & Z DIrector H. David Kelley, Jr Bob Kenyon -~ '---,. "\ ~ WI ru rmij " --,-" ij : 'I t ~ I,' ,! I W .~ !~ --tJ 2 6 , i _~ .J GR~EE~ 203 West 3rd Street, Stuart, Florida 34994 (561) 2831413 Fax: (561) 220-7881 CREECH ENGINEERS, INC =I'-./ILI:Z:"""'-TI=~ E~~I~EE~EC:> December 8, 2000 99027 00(7) Mr Mike Rumpf Planning and Zoning Director City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 RE Lowe's Commercial Site Development - City of Boynton Beach Modification to Easement on Seacrest Blvd Dear Mr Rumpf' Lowe's Companies, Inc is under construction for the site locate at the southeast corner of the intersection of Woolbright Road and Corporate Drive in the City of Boynton Beach, Florida As we discussed on December 4, 2000 in reference to the work on Seacrest Blvd, during construction we noticed a Bell South Control box in the path of the proposed 5 wide sidewalk, In my conversation with Bell South they were reluctant to move the box due to the phone traffic and the complexity of that particular box. We would like to get your approval to modify the sidewalk path per the attached drawing In my phone conversation with Lisa Graff of Palm Beach County, she had no objection to modifying the sidewalk path If you have no objection to the modification as per the attached drawings, I need to move forward with modifying the sidewalk easement granted by the City of Boynton Beach to Palm Beach County At this time the issue is not holding up construction, but I would like to have it cleared up prior to issuance of a CO for the Lowe's Building which is scheduled to be complete in approximately 4 weeks Should you r quire any additional information, or have any question or comments at this time, pie se do not hesitate to contact me in our Stuart office at (561) 283-1413 / Sincerely': /___ Jerry . ompton Assis ant Project Manager Cre h Engineers, Inc. C Lisa Graff P E. Palm Beach County Land Development Division Mike Reynolds, Lowe's Companies Richard Goodman, Lowe s Companies, Inc Marco Milich Elkins Constructors Inc. Richard T Creech P E. P S M. Creech Engineers Inc Richard E. Wilson, P E. M:\ 1999\99027 Lowes Boynton Beach\Applications\99027 OO(07)-LtrRumpf@CityBoyntonBch-seacrest mOfiC~~.~ R ~O doc , IS \ Tallahassee · 707 East Park Avenue, Tallahassee, Florida 32301 ! r [850) 841 1705. Fax [8501841 1706 . ~ I n,' t I,!,..!,. Ueu I ') Melbourne . 4450 West Eau Gallie Boulevard, Melbourne, Florida 32934., ' (321) 255-5434 Fax: (321) 255-7751 ---~-------------..-._--------=:-_-:::...;::.~--------- ---_____________________________J_____________________------------- o ~~ff8~~I~~ ~ \ ~ ,-\ o ;!: \ ~ 158+00 I 57+00 - 1- 0> ;,,,,, --0 j$,:I: ~.,. >... -< ~g 0-< '" <: :I: ~ ~~ ~ F rflO ..JJ CC i~ ~ j:, ~ (J.\ 0 "I ------- ~--'---------- -'~ ~-' ~; :! 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() ierJ +k d-?Ie- (<d) r~ C ---es -/ ~ f'J7Ci&(-fr c:::o.s~Me ",--f ib ~ CLVd,cO Kc.(f Sc___+1. c::.(:" "-' r (1 rnc::v-f 60x U n ) G<..J M 0.-)/ 1'=-s f'ClA-=-/.. dJ /-ec-+-V ;;6 Nr CC"'v7/, ~ c:r- r/r~ .Me.. .:z:p ~;~~J//)J;rno--A-/} /j ~ ;?e~/ ;?~.s~ c~~-/ ftrrr C1r / [Y7 (' {:~ 72 , t ! t , --~---~-~ _._-------~-----------------~ ~pf. Michael From Sent: To Subject: Eleanor Halperin [ehalperin@levykneen.com] Tuesday, September 26, 2000 5 18 PM Rumpf Michael RE. Lowe's @ Boynton Thanks for following up I believe that the revised legal was approved by engineering before the meeting but the Asst. City Attorney would not allow us to revise it at the meeting without your ok, Is it all set for the meeting next Tuesday? Please advise Thanks, >>> "Rumpf, Michael" <RumpfM@cbbmail.cLboynton-beach fl us> 09/25/00 01 :20PM >>> Where does this now stand? As you probably know the request was postponed at the request of an attorney (you?) Let me know I need any further at this point. Mike > -----Original Message----- > From. Eleanor Halperin [SMTP'ehalperin@levykneen.com] > Sent: Monday, September 18, 20009:21 AM > To Rumpf, Michael, rtcreech@creechinc,com > Subject: Lowe's @ Boynton > > I just received a call from our engineers. It > seems they now realize that there is a traffic > signal pole and control box at the intersection of > Woolbright and Seacrest. They can avoid > relocating it if the sidewalk can wrap around it. > They are meeting with Dave Kelly at 3:00 today to > seek his approval of the modified legal If he > approves it, is it possible to substitute the > legal at the meeting tomorrow night? Please > advise Thanks. 1 ~f. Michael From Sent: To Subject: Eleanor Halperin [ehalperin@levykneen,com] Monday September 18, 2000 9:21 AM Rumpf, Michael, rtcreech@creechinc.com Lowe's @ Boynton I just received a call from our engineers It seems they now realize that there is a traffic signal pole and control box at the intersection of Woolbright and Seacrest. They can avoid relocating it if the sidewalk can wrap around it. They are meeting with Dave Kelly at 3:00 today to seek his approval of the modified legal If he approves it, is it possible to substitute the legal at the meeting tomorrow night? Please advise Thanks. 1 ELEANOR B HALPERIN OF" COUNSEL COUNSELORS AT LAW SUITE 1000 1400 CENTREPARK BOULEVARD WEST PALM BEACH FLORIDA 33401 TELEPHONE (561) 478-4700 FAX NO (561) 478-5811 ill L SEP 5. ~ so PLANNING AND " ZONING I)EPl: r_~'.. LEVY, KNEEN, MARIANI, CURTIN, KORNFELD & DEL Ru PROFESSIONAL ASSOCIATION BOARD CERTIFIED IN REAL ESTATE LAW WRITER"S DIRECT DIAL NO (561) 478-4722 H IRWIN LEVY RETIRED August 31, 2000 Michael Rumpf Director Planning & Zoning City of Boynton Beach 100 East Boynton Beach Blvd Post Office Box 31 0 Boynton Beach, Florida 33425 Re Lowe's Home Improvement Centers - Request for Right of Way Our File No 5662 003 Dear Mr Rumpf, Thank you for following up on this easement issue I understand It is relatively insignificant in the scheme of things and I apologize for being so persistent It is my understanding that Pete Mazella has already reviewed and approved the sketch and survey Please give me a call to let me know if you need anything further to put this on the next available agenda for execution by the City I look forward to hearing from you shortly Thank you EBH "trc Enc cc Mike Reynolds John Dykinga F \Data \ELLIE\LOWES\BOYNTON\Rumpf 083100 doc / v~~ e::.. ;..<) (It )</\ Prepared by and Return to Eleanor B Halperin Esq Levy Kneen Mariani Curtin Kornfeld & del Russo P A 1400 Centrepark Boulevard Suite 1000 West Palm Beach FL 33401 EASEMENT THIS EASEMENT, BOYNTON BEACH, BEACH COUNTY, second part made this _ day of a Municipal corporation, as the party a political subdivision of the State of 2000 between CITY OF of the first part, and PALM Florida as the party of the WITNESSETH That the party of the first part, for and in consideration of the sum of ONE ($1 00) dollar and other valuable considerations receipt whereof is hereby acknowledged, hereby grants unto the party of the second part, its successors and assigns, a perpetual easement and right -of -way over upon under through and across the following described land situate in Palm Beach County Florida, to-wit Property more particularly described in Exhibit made a part hereof A attached hereto and TO HAVE AND TO HOLD THE SAME unto the party of the second part, its successors and assigns forever IN WITNESS WHEREOF, the party of the first part has caused this Easement to be executed by an authorized representative on the day and year first above written CORPORATE SEAL ] Signed, sealed and delivered in the Presence of CITY OF BOYNTON BEACH a Municipal corporation By Witness Its Chair Printed name of witness Printed name Witness Printed name of witness Mailing Address STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME the undersigned authority, personally appeared who is/are persona.lly known ~o me or who has/ha-e prodllced as identification, and who executed the foregoing instrument as such Officer(s) on behalf of the said Corporation for the uses and purposes therein expressed WITNESS my hand and official seal this _ day of 2000 Signed Notary Public in State of Florida and for the at Large F \Data\ELLIE\LOWES\BOYNTON\EASEM~T Sidewalk doc DEPARTMENT OF ENGINEERING MEMORANDUM NO 00-124 FROM. Michael W Rumpf DIrector of Planmng and Zonmg John A. Gmdry ~ Intenm DIrector of Engmeenn~ H. DavId Kelley, Jr , PE/PSM ~ CIVlllUtIhty Engmeer TO THRU DATE August 14, 2000 RE. LOWE'S HOME IMPROVEMENT CENTERS REQUEST FOR RIGHT-OF-WAY AT EWTP SEACREST BOULEVARD, SOUTH OF WOOLBRIGHT ROAD In accordance wIth your request m P & Z Memorandum #00-231, we have revIewed the developer's attorney letter of August 4, 2000 and Its attached 5-foot sIdewalk easement legal descnptIOn for placement and correctness. We find the legal descnptIOn to be okay; please request that the sIdewalk easement be process as a roadway easement for sIdewalk purposes. Please furnIsh thIS department and the UtIhtIes Department wIth a copy of the recorded easement for our records. If you have any questIOns regardmg thIS matter, please contact Mr Dave Kelley, PE, m the Engmeenng Department at x6496 JAG:HDK.ck xc Jim Cherof, CIty Attorney Nicholas Igwe, AssIstant CIty Attorney Dave Kelley, CIVIllUtIhty Engmeer Peter Mazzella, AssIstant to the DIrector, UtIhtIes Carol Kribs, Engmeenng FIle " " '-; !' I' i i7 if Iii "' U; :1 --"-... '~i 1--, ri0() I 4 -~ 1>'[-,> "."--d!}gt:'rc,,. ----.J ""~ j " --.J r l/' C \My Documents\Lowe's - Seacrest Blvd. R-W Memo.doc DEVELOPMENT DEPARTMENT MEMORANDUM NO PZ 00-231 TO' H. David Kelley Jr Utlhty Engmeer "\ Michael W RumJ~ ~ Planmng and Zom~r~ctor \J August 7, 2000 FROM. -, \I?GPn f;) ;~ i.~ IS J :J ;--- rJ - 7 '\" j , " , , ~.. L DATE ,~ - SUBJECT Lowe s Home Improvement Centers Request for RIght-of-Way Please reVIew the attached request for nght-of-way regardmg the above-referenced project from Eleanor B Halpenn. Please respond to me at your earhest convemence MWR.dIm cc Nicholas Igwe, ASSIstant CIty Attorney nSHRDATAIPLANNINGISHAREDlWPIPROJECTSIl.O\VE'S HOllolE CE:-ITERIEI'G REV ROW REQUEST DOC PUG-04-2000 16 34 LEI)Y , ~r-;EEt" f'lHR t=;"j I , ~ tal 561'::78~Sll ? 02/04 LEVY, KNEE~ MARIA~TI, CLRTI~ KORNFELD & DEL Russo I1=lC.ESSIO:-O<^.. A$$"CIATION COUNSt:LO~S A" LAW $I.,JITE 'OCC E:LE:ANOFl e I-IALI1E:RIN c.,,. C'CU",,"$t.. ICA..A:;) C:CATlj:'ICO IN QeAl.. r:;'T^~C i..^W .400 CI::NTF;EPARK IlOl.l.tv......:: WEST P,\'LM BEACH l'LOHIDA ::l~~O~ ':"E:U:P""ONE: (561'476-4700 "'AX 1';0 (5~ ) .."S-!l8, ,.. IRWIN I.CVY Qt"IR::O '''',. TE,.,S O'''Ecr 0.... NO.. (~.J) 47e....7a~ August 4, 2000 MIchael Rumpf Director Planning & Zoning City of Boynton Beach 100 East Boynton Beach Blvd Post Office Box 31 0 Boynton Beach, Florida 33425 Re Lowe s Home Improvement Centers - Request fer Right of Way Our File No 5662003 Dear Mr Rumpf, At the beginmng of this year, you and I spoke several times conce~nmg Lowe s need to acquire some right of way along the east side of the East Water Treatment Plant in order to construct a sidewalk. At that tllTle, I believe the Utilities Department gave a conceptual approval to the proposal Enclosed please find a sketch and legal for the right of way easement that would be granted to Palm Beach County Once you have had an opportunity to review this legal, I would appreciate if you would give me a call to advise me whether or not I should draft the easement and to discuss the mechanics for coordinating the approval by tr.e City and acceptance by the County By copy of this correspondence I am alerting the County of the status of this project. I look forward to hearing from you shortly Thank you Sincerely ~ Eleanor B Halperin EBH -trc cc George Webb Jerry Compton Steve Henry Mike Reynolds \U"_~~\SV.\D.:.\J:U.':~\:'OWZS\~\'1'r:'(l,\I\~1.U'Ipr a.C<IlD de" ~UG-04-2000 16 34 LEIJY, f<NE!::t'" MHR I AN J . et a 1 56147858:1 ~ 03/04 S' SIDEWALl( EASEMENT A PARCEL OF LAND BEING A PORTION OF TRACTS 1 AND 2 OF THE PlAT OF THE 'SUBDIVISION OF SeCTION 33, TOWNSHIP 45 SOUTH, RANGE 4~ EASr AS RECORDED IN PLAT SOOK AT PAOE4 OFTHE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA. BEING MORE PARTICULARLY OESCRreEO ,1.S FOLLOWS. COMMENCING Ai T,..e: INTERSECTION OF THE NORTH LINE OF SAID SE'CTiON 33, .4LSO SEING THE CENTERLINE OF WOOLBRIGHT ROAD (A RIGHT-OF-WAY 8000 FEET WIDE). WITH THE CENTERL!Ne OF SEACREST BOUl.EVARD (A RIGHT-OF-WAY 80,00 FEET WIDE); rriENCE SCUTH 01.31'01 EAST ALONG SAID CENTERLINE OF SEACREST BOULEVARD A DISTANCE OF 65 97 FEET T;;E~Ce NORTH 88'28'59" EAST A DiSTANCE OF 40.00 FEET TO AN INTERSECTION WtTH THe EAST R:CH"".OF.WAY LINE OF SAID SEACREST BCULEVARD AND THE POINT OF BEGINNING THENCE NORTH 43'54 41' EAST ALOr-.G SAiD RIGHT.OF,WAY LINE, A C!ST,1.NCi; OF 3561 FEET:O AN !NTERSECTION WIT"'! iHE SOUTH RIGHT-OF-WAY liNE OF SAID WOOLBRIGI1T ROAD SEING A liNE 40.00 FEET SOUTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SAID SECTION 33; THENCE NORTH 89'19'59" EAST AL.ONG SAfD PARALLEL :"INE A.'IID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 7.02 FEET THENCE SOUTH ~3'54'4 'WEST A OIST ANCE OF 38.44 FEET TO AN INTERSECTION WITH A LINE 5.00 FEET EAST OF AND PARALLEL WITH, T'iE EAST RIGHT-OF-WAY LINE OF SEACREST BOl..iLEVAR:J; THENCE SOUTH 01'31'01- EAS: ALONG SAID PARAL.LEl LINE. A DISTANCE OF 89.83 FeET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 3864.83 FEET TriENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND PARAL.L.EL LINE, THROUGH A CENTRAL ANGLE OF 13'51'38' A i:)!STANCE OF 941 70 FEET TO 'THE END OF SAID CURVE, THENCE NORTH 77.33'23" WEST RA~IALL Y A OIST .>\NeE OF 5.00 FEET TO AN INTERSECTION WITH SAID EAST RIGHT-OF-WAY LINE OF SEACREST BOULEVARD. BEING A POINT ON A CURVE CONCENTRIC WITH THE: PREVIO\JS CURVE, HAVING A RADIUS OF 3859,83 FEET THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID EA.ST RIGHT-OF- WA.V LINE, THROUGH A CENTRAL ANGLE OF' 1J"STSS. A DISTANCE OF 940.48 FEET Te THE POINT OF TANGENCY THENCE NO~TH 01.31'01 WEST CONTINUING ALONG SAiD EAST RIGHT.OF-WAY L!NE OF SEACREST BOULEVARD A O:S-ANCE OF 91 92 FEET TO THE POINT OF BEGINNING CONTAINING 5,345 SQUARE FEET OR 0.12210 ACRES MORE OR LESS SURVEYORS NOTES. 1) THiS DESCRIPTION AND SKETCH IS NOT VALID W!THOUT THE SIGNATURE AND T>-!E ORIGINAL RAISEO SEAL O~ A FLORIDA LICENSED SURVEYOR AN::> MAPPER. 2) THIS IS NOT A SURVEY 3) SE=: SHEET 2 FOR SKETCH TO ACCOMPANY THIS DESCRIPTION. 4) BEARINGS SHOWN HEREON ARE BASED UPON AN ASSUMED SEARING OF NCRTH 89.19'59- EAST ALONG THE NORTH LINE OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 4~ EAST 5) THE PARENT TRACT INFOR.~A-ION FOR THIS OESCRIPTlON AND SKETCH IS 6ASED UPON A BOUNDARY SURVEY PROVIDED TO OUR OFrCE BY THE CITY CF BOYNTON BEACH. CERTIFICATION: I Ht:~eSY CERTIFY THAT THE DESCRIPTION ,8.NO SKETCH ATTACHED HERETO MEETS THE lNTEN- OF THE MINIMUM TECHNICAL STANDARDS FOR DESCRIPTIONS AND SKETCHES M SET FORTH IN CHAPTER 61G17-6.0oe {1} OF THE FLORJOA ADMINISTRATIVE cooe. PURSUAN"" TO SECTION 472.027 FlORIDA 5T A TUTES, W.L. FISH & COMPANY, tNC. j2~ii~ PATi~ICK 6. MEEDS. PRCFESSIONAl::~~OR AND MAPPER FLORIDA REGlSTAArff' NO 4728 JUL Y 29 2000 W.L.FISH &COMPANyt I PRonSSIONAL SURVEYORS &: MAPPERS 105 s. NA~assus AVE.. SUITE 712 -...EST PALM 6EA.00l. "1.0RIOA 33401 (5S1~833-5OCl F"AX. (56')S5~-S74S ~-m<ln: moppersCwlfistl.oom 5' SIDEWALK EASEMENT AT EAST WATER TREATMENT PLANT CITY OF BOYNTON BEACH, FLORIDA DRAWN. 07 29 2000 SH~Ei CHECKF;D: 19S9-QS5i NC 1 OF Z AUG-Ql4-2000 16 35 N.8S.28'59" E'. '\ 40.00' \ POC elL S'iA , eJ+~e.62 5.01031 '01.::. 55.97' POB PT Si"A 161+78.7J N.01'J1 '01~W 91.92' 40' . 77'3,J' . 2J'"~v .....QO. LEVY, VI'IEEN MAR I AN I , eo tal 56147858.1 P 04/0~ WOOLBRIGHT ROAD (80' R/W) 5' SIDEWALK EASEMENT PARTS OF TRACTS 1 &: 2 SUBDlVISION CF W :3/4 OF SECTION 33 TW~ 4~ S RGE. 43 E. F 8. 1 PAGE 4 S. USE OF TRACT 2 528.44 N. UN:: SE:C. JJ. TWP ~ S. RCE:. 43 e: .Q '< o ~ ~ - ~~ ,,' "f..., ~C/) ~ ~O NC,) !"f..., co 7"^ .... .., J ~ 1'"$ ~.., ..... ~ S ;J:: o g N J1 I 1000:ocr <00" GRAPHIC SCAlE W.L.FISH & COMP ANYt PROFl;SSlONAL SURVEYORS &: )U,PPERS 1~5 S. NARClSSUS AVE.. SUIT!" "2 WEST PAu.I BEACH. F1,.ORIOA J34Cl (Se1)e3J-500~ FAX: (581)659-5~45 e:-~cil: mcppersCwlfis"l.cc!T' 5' SIDEWALK EASEMENT AT EAST WATER TREATMENT PLANT CITY OF BOYNTON BEACH. FLORIDA DRAWN: W. HAAS DATE. 07 29 2000 SHEET CHECKED: P.8.M JOB 1999 065i NO 2 OF' 2 TOTHL P 04 DEVELOPMENT DEPARTMENT MEMORANDUMNO PZ 00-231 TO' H. David Kelley Jr UtIhty Engmeer \\ Michael W RumJ~ \f Planning and ZoniI~~ctor August 7, 2000 FROM. DATE. SUBJECT Lowe's Home Improvement Centers Request for RIght-of-Way '- Please reVIew the attached request for nght-of-way regardmg the above-referenced proJect from Eleanor B Halpenn. Please respond to me at your earhest convemence MWR.dIm cc Nicholas Igwe, ASSIstant CIty Attorney J"lSHRDA TAIPLANNING\SHARED\V\lPIPROJECTSIl.OWE'S HOME CENTERIENG REV ROW REQUEST DOC PUG-04-2000 16 33 LEl.IY, V:HEa ,MAP A'11, et a 1 5614785811 P 01/1214 LEVY, KNEEN, MARIANI, CURTXN, KORNFELD & DEL RUSSO, P.A. Professional Association 1400 centreFark Boulevard Suite 1000 West P.lm Beach, FL 33401 Tel.pbone (561) 478-4700 Pax No (561) 478-5811 Of CQunsel Bleanor 8 Halperin Direct No (561) 478-4722 TELECOPY COVER LETTER TO Michael Rumpf Fax 742-6259 FROM Mike Reynolds Steve Henry Jerry Compton George Webb Ellie HalPerin!@J August 4,2000 336 658-2616 813287-0674 561 220-7881 355-2090 cc DATE RE Lowe's Boynton Beach File No 5662 003 YOU SHOULD RECEIVE _ PAGErS}. INCLUDING THIS COVER SHEET IF YOU DO NOT RECEJVf AU THE PAGES. PLEASE CALL f561J 478-4700. The originlJls _will --1!-will not follow Letter of same date w/enc fD) rn @ ~ n ~JL r; wi AUG - 4 I I .....,.. PLAri i ZONif~r ~j Tile inform.tion contained ill tni, fOlCaimile message is .ttorney pfivileged and confidenti.1 information Intended only for the use 01 the individual or entity nllmed above If the reader of this message is not the intended f8C,plent, you lire hereby notitied that ll(lY dissemination. distributiQn or copy of this commr,lI'Iication IS strimly prOhibi.ed. If you have received thi", communication in erfor, please immediately notify us by telephone and return the original message to uS at the .bove addfe" via the U.S. Postel Surviee. Th.nk you PI.EASE HAND DEI.IVER TO AODRESSEE A.S.A.P Ii! F \Data\ELLIEII.OWES\BOYNTON\FAXCOVER. Rumpf .doc AUG-04-2000 16 34 LEI)Y, "-f'iEEt, r-lAP Ht- J ,~t a 1 561...78~S11 p 02/04 E:l.E:ANOFl e I-IAL~E:RIN c." CCUN$r,;~ aCARO CE;ATIFICO IN ~~AL r~TA"!'E' l..AW LEVY, KNEEN. MARIANI, Cl:RTIN. KORNFELD & DEL Russo I1=lC.ESSION^.. A$SOCi....TION COUNSE:LOFl5 Po" LAW $l,IITf; looe .400 Cf:NTFlf:PARK ClO\..L.EV"'~O wllsr P,\.l,M BEACH YLOHIDA :3"40J TELE:P,.,ONI': {561' 476.4700 F'AX ""0 (56 ) ..'8.~el H IRWIN L.~VY "cnR~C> WI> ~ER'S o,REcr 0'''''' NO" (!H!il) 47e.47aa August 4, 2000 Michael Rumpf Director Planning & Zonmg City of Boynton Beach 100 East Boynton Beach Blvd Post Office Box 31 0 Boynton Beach, Flonda 33425 Re Lowe s Home Improvement Centers - Request for Right of Way Our File No 5662 003 Dear Mr Rumpf, At the beginning of this year, you and I spoke several times concerning Lowe's need to acquire some right of way along the east side of the East Water Treatment Plant in order to construct a sidewalk. At that tllT'e, I believe the Utilities Department gave a conceptual approval to the proposal Enclosed please find a sketch and legal for the right of W8'", easement that would be granted to Palm Beach County Once you have had an opportunity to review this legal, I would appreciate if you would give me a call to advise me whether or not I should draft the easement and to discuss the mechanics for coordinating the approval bv the Chy and acceptance by the County By copy of this correspondence I am alerting the County of the status of this project. I look forward to heanng from you shortly Thank you Eleanor B Halperin EBH -trc cc George Webb Jerry Compton Steve Henry Mike Reynolds \Z.u'_~~\,$'n\D..t..\lfU.:~\LOWZS'\~I'I'TOI"\Il"""r 080400 do" ~UG-04-2000 16 34 LElJY, <<'HEEI'-, MAP I AN J ,et a 1 56147858_1 p 03/04 S' SIDEWALK eASEMfiNT A PARCEL OF LANO BEING A PORTION OF TRACTS 1 ANO 2 OF THE PLAT OF THE .SUBDIVISION OF SECTION 33, TOWNSHIP 45 SOUTH, RANG! 43 eAST AS RECOROEO IN PLAT SOOK 1 AT PAGE 4. OF THE PUBLIC RECORDS OF PALM BEACH COUNiY ~ORlOA., BEING MORE PARTlCUlARL Y DESCRIBED AS FOLLOWS, COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAIC SfCTiON 33, ALSO eEI~G THE CENTERLINE OF WOOLBRIGHT ROAD (A RIG~T'OF.WAY 8000 FEET WIDE). WITH THE CENTERLINE OF SCACREST BOU:..EVARD (A RIGHT .OF-WA Y 80.00 FEET WIOE); THENCe. SOU'iH 01t3., '01" EAST ALONG SAlO CENTERLINE 01= S'E"C~EST BOULEVARO. A DISTANCE OF 65.97 FEET THENCE NORTH 88'28'59" EAST A DISTANCE OF 40.00 FEET TO AN INTERSECTION WITH THe EAST RIGH'!"-OF.WAY LINE OF SAID SEACREST BOULEVARD AND THE POINT OF BEGINNING, THENCE NOR.TH43054'41" EAST ALONG SAID RIOHT-OF-WAYLINE, A DISTANCE OF 35,61 FEET TO AN INTERSECTION WITH THE SOUTH ~IGHT -OF-WAY LINE OF SAID WOOL.BRIGHT ROAD 6!:ING A LINE 40.00 FEET SOUTH OF AND PAAALLEL WITH. AS MEASURED AT RIGHT ANGLES TO. THE NORTH LINE OF SAID seCTION 33; THENCE NORTH 89.19'59' EAST A1.0NG SAID PARALLEL l..INE A:'IIO SOUTH RIGHT-OF-WAY LINE. A DISTANCE OF 7.02 FEET THENCE SOUTH 43054'41- weST A DISTANCE OF 38.44 FEET TO AN INTERSECTION WITH A LINE 5.00 FEET EAST OF AND PARALLEL WITH, THE EAST RIGHT-OF.WAY LINE OF SEACREST BOuLEVARD; THENCE SOUTH 01931'01- EAST A.l.ONG SAID PARALLEL LINE. A DISTANce OF 89.83 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RiGHT HAVING A RADIUS OF 3864.83 FEET THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND PAAAL.I.EL LINE. THROUGH A CENTAAL ANGLE OF 13057'36' A jJ,STANCE OF 941 70 FEE:T TO THE END OF SAID CURVE. THENCE NORTloi 77.33'23' weST RADIALLY A DISTANCE or 5.00 FEET TO AN INTERseCTION WITH SAID EAST RIGHT-OF-WAY LINE OF SEACREST BOULEVARD, !SEINe; A POINT ON A CURVE CONCENTRIC WllH iHE PREVIOUS CURVE. HAVING A RAOIUS OF 3859.83 FEET THENCE NORTHEA5TERL. Y ALONG THE AR.C OF SAID CURVE AND SAID EI\ST RIGHT..oF- WAv LINE. THROUGH A CENTRAL ANGLE OF 13"5738" A DISTANce OF G40.48 FEE: TO THE POINT OF TANGENCY THENCE NORTH 0,031'01 WEST CONTINUING ALONG SAID EAST RIGHT-OF-WAY l:NE OF SEACREST BOUl.EVARO A O!STANCE OF 91 92 FEET TO THE POINT OF BEGINNING. CONTAINING: 5,345 SQUARE FEET OR 0,12270 ACRES MOR!: OR LESS. SURVEYORS NOTES: 1) THlS OESCRIPTION AND SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND TME ORIGINAL RAISED SEAL OF A. FLORIDA LICENSED SURVEYOR ANO MAPPER. 2) THIS IS NOT A SURVEY 3) SEE SHEET 2 FOR SKETCH TO ACCOMPANY THIS CESCRIPTION. 4) BEARINGS SHOWN HEREON ARE BASEO UPON AN ASSUMED BEARING OF NORTH 89.19'59" EAST ALONG THE NORTH LINE OF SECTION 33. TOWNSHIP 45 SOUTH, RANGE 43 EAST 5) THE PARENT TRACT INFORMA....ION FOR THIS DESCRIPTION AND SKETCH IS eASED UPON A BOUNDARY SURVEY PROVIDED TO OUR OFICE BY THE CITY OF BOYNTON BEACH, CERTIFICATION: I HERESY CERTIFY THAT THE OESCRIPTION ANC SKETCH ATTACHEC HERETO MEETS THE INTENT OF THE MINIMUM TECHNICAL STANDARDS FOR oeSCRIPTIONS AND SKETCHES AS SET FORTH IN CHAPTER 61G17-6.006 (1) OF THe FLORIDA AOMINISTAATNe coDe. PURSUANT TO SECTION 472.027 FLORIDA STATUTES, W;L, FISH & COMPANY. INc.. j2~jj~ PATRICK a. MI;EDS_ PROFESSIONAl:1QRVefOR AND MAPPER FLORIDA REGISTR;(t~' NO 4728 JULY 29, 2000 W.LoFISH &COMPANYi I P~Oi'ESSIONAL SUl\VEYORS a; MAPPERS 105 S. NARCISSUS AVE., SUITE 712 MEST PALM 13E4CH. F'I..ORIOA 33401 (~6'2B3J-5O(l1 F.&.X: (561 )659-57~5 to-mon: moppersOwlflsn.com 5' SIDEWALK EASEMENT AT EAST WATER TREATMENT PLANT CITY OF BOYNTON BEACH, FLORIDA 07 29 20 SH~ET '999-065i NO 1 OF 2 AUG-04-2000 16 35 LElJ'r , n-IEEN MAR I AN I e"t a 1 N.SS.28'59" E., 40.00' , POC elL STA lS.'5+3U2 POB PT STA 161+78.73 N.Ol .31 '01~W 91.92' 40' 56147858.1 P 04/0~ WOOLBRIGHT ROAD (80' R/Ti') 5' SIDEWALK EASEMENT PARTS OF TRACTS 1 &: 2 SUBDIVISION OF' W 3/4 OF SECTION :53. 'TWP 45 S RGE. 43 E. P.8. 1 PAGE 4 S. UN! OF' 'TRACT 2 S.Sg-13'OTW 5215.44 N. UN€: SEC. JJ. 1WP ~ s; ROE. 43 E ~ ~ ~ fl~ " "E-. ~CI) '< :t:8 '" ~E-t :tr/J S;$ 0- -< s ~ ~ N ~ 400" W.L.FISH & COMP ANY! PROFtSSIONAL SURVEYORS k }UPPEtui 10S S. NARCISSUS AVE.. SUITE' 712 ~ST PAl~ BEACH, Fl,.ORlpA 33401 (581)833-5001 FAX: (561)659-5745 t-mQiI: mcppersCwifis'l.ccl'T' 2 OF' 2 TO'AL P 04 DEPARTMENT OF DEVELOPMENT DIvIsIon of PlannIng and Zoning Building Planning & Zoning Engineering Occupational License Community Redevelopment February 4,2000 Elhe Helpern 1400 Center Park Blvd. SUIte 1000 West Palm Beach, FL 3340l Re Lowe's Home Improvement Center/Request for Property for AddItIOnal RIght-Of-Way LocatIOn. Seacrest Blvd., South ofWoolbnght Road Dear Ms. Helpern. ThIS letter IS in response to your request for, at mimmum, a preliminary indicatIOn of the CIty'S wlllmgness to provIde the County with land suffiCIent to add an addItIonal left-turn lane on northbound Seacrest Boulevard at Woolbnght Road. As documented by the attached memorandum from the Intenm DIrector of Engmeenng, your 5-foot alternatIve IS acceptable, as long as the County WIll accept the addItIonal land as an easement. ReservatIOn of easement, rather than conveyance of the land to the county IS deSIred to ensure continued access by the CIty to utIhty mfrastructure, mc1udmg momtonng eqUIpment, located adjacent to the existmg nght-of-way Please note that tills letter only represents a prehmmary consent to your request, and that ultImate approval must be granted by the CIty CommISSIOn. I trust thIS informatIOn has met your need at thIS tIme However, If you have any questIOns, please contact me Smcerely, 7--- c- C- Michael W Rumpf DIrector of Planmng & Zomng Cc John A. GUIdry, Intenm DIrector of Engmeenng HSHRDA T AIPlanningISHAREDlWPIPROJECTSIl.OWE'S HOME CENTERI ADDITIONAL RIGHT OF WAY REQL"EST 2-4-00 doc America's Gateway to tile Gulfstream 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX. (561) 375-6259 FEB-04-2000 14 40 LEl)'( , l<~jEEN , MAR I AN I , eta 1 56147858::.1 P 01/03 LEVY, KNEEN, MARIAN. , CURTIN, KOIUiFELD & DEL RUSSO I P A ~.o~.a.iODAl Aaeociation 1400 Centrepark Boul.v~.d Suite 1000 West. palm Beach, I'L 33401 Telephone (561) 478-4700 Fax No (561) 478-5811 Of Coun..l Eleano. B Balper1n Direct. No (561) 478-4722 TELECOPY COVER LETTER TO FROM Ellie Halpe Fax 742-6259 DATE February RE Lowe's Boynton Beach File No 5662 003 YOU SHOULD RECEIVE ~ PAGEfS}. INCLUDING THIS COVER SHEET IF YOU DO NOT RECEIVE AU THE PAGES, PLEASE CALL (561) 478.4700. The originals _Will ~wiJ/ not follow As per your request, a copy of my letter of December 14, 1999 -.~. \Q JUJ- \t\\ D~..\" lt9 - A ?n; Uw -~ ! J-- J l:.-,....~ The information contained in thi, facsimile message is attorney privileged and confidential information intended only for tn~ use of the 'ndiv/dual or entity named at>Qve, If the read8t of thif mentlge is not the intended recipient. you are hereby notifist that any disseminatIon. distribution or copy of this communication is strictly prohibited_ If Y:)\,l have received this communication in error please immediatelv notify us by telephone and return the original message to us at the above addre" via the U.S. Post3J Servi;;e. Tnllnlc you PLEASE HAND DEL.IVER TO ADDRESSEE A.$.A.P.II! F-\DatCl\ELlIE IlOWES\SOYNTON\FAXCOVERRumpf.doc FEB-04-2000 14 41 LEVY,~NEE~,MHR RNJ et al 561c785811 0 02/03 o;I"E".NOR e -1ALPER'N 01" C:OVN5E;.. 80"''''0 e~RTII"IE;O ,,.. ItU.L CSTATe ........ WR'T~R'S OI"E;CT 0'.... NO 1156" .7e-Al7Z2 LEvY, K..'I\q'EEN, MARU.NI, CURTIN, KORNFELD & DEI. Russo PFlO"'C$SIONAl. ....SSOCIATION COUNS!!:LORS....T LAW SUITE 1000 i.OO eE;NTllE:PARJ< IilCULI:VAF\O WE$T PALM JUtACH FLORIDA 33401 TItI,&;pIolONr; 5611.78..700 FAX "'0 \~6 1.78-581 t .~: - ... IRWIN LeVY J:lCT'RE;O December 14 1999 Michael Rumpf Director Planning & Zoning City of Boynton Beach , 00 East Boynton Beach Blvd Post Office Box 31 0 Boynton Beach, Florida 33425 Re Lowe's Home Centers Our File No 5662 003 Dear Mr Rumpf, This correspondence shall serve to follow up our conversation yesterday The Transportation Analysis prepared for the Lowe's initially shows that two Improvements will be necessary First, an additional westbound turn lane and restriping of the southbound approach lanes at the intersection of Woolbright Road and Corporate Drive/SW 8tn Street and secondly, an additional northbound left turn lane at the intersection of Woolbright Road and Seacrest Boulevard It is the second improvement which prompted my call A visual inspection of the intersection clearly indicates that the most available right of way is in front of the City's Utility Plan We anticipate that the County will need approximately 5 to 10 additional feel of right of way for a length of 600 to 700 feet This right of way is needed on the east side of Seacrest south of Woolbright Road I anticipate that the County will accept the additional right of way, 81ther in the form of a deed or an easement, as it will be utilized primarily for a sidewalk and grass, You explained to me that once you receive this request in wrrtlng, you would circulate It to the appropriate individuals Within the City and get back to me as to the probability and mechanics of getting the necessary right of way to the County FEB-04-2000 14 41 LEVY,~NEEN,MARIANI,et al 5614785811 P 03/03 "..-, Michael Rumpf December 14, 1999 Page Two .... If you have any questions, or need any additional information, please feel free to contact me I look forward to hearing from you shortly Sincerely yours, <7~~ Eleanor B. Halperin - EBH.trc cc. Steve Henry Mike Reynolds Rick Creech , \Q.I.\lll.UB\~,aonrnllf'lll....,.r :$:.,'1 ~ ~ TOTAL P 03 DEPARTMENT OF ENGINEERING MEMORANDUM NO 00-017 FROM, Michael W Rumpf, DIrector of Plannmg and Zonmg John A. GUIdry, Intenm DIrector of Engmeen~ January 25, 2000 TO DATE RE LOWE'S HOME IMPROVEMENT CENTER REQUEST FOR PROPERTY FOR ADDITIONAL RIGHT -OF -WAY SEACREST BOULEVARD, SOUTH OF WOOLBRIGHT ROAD We have revIewed your memorandum #00-020 along wIth the attached concept plan to determme the compatibIhty of the requested addItIOnal nght-of-way along the east sIde wIth the East Water Treatment Plant (EWTP) property In general, the UtIhtIes Department has no obJectIOn to grantmg an easement for the constructIOn ofthe 5-foot sIdewalk along ItS property frontmg Seacrest Boulevard for a dIstance of approxImately 550 feet (to the south dnveway access pomt onto the property) from the south nght-of-way hne ofWoolbnght Road. However, to gIVe up the land outnght to Palm Beach County could have a sIgmficant Impact on the water supply and dIstributIOn mams that enter and eXIt the EWTP SIte along thIS nght-of-way hne If thIS IS acceptable to the representatIves of Lowe's, we wIll coordmate the locatIOn OfutIhty mams wIthm the Seacrest Boulevard corndor to msure that none are dIsrupted or could have an Impact on the EWTP operatIOn. If you have any further questIOns, please contact Mr Dave Kelley, UtIhty Engmeer, at ext. 6496 xc 11 Robert Kenyon Dave Kelley FIle \r:.Q. fa ~ f\f--~;Q. n .\., j \ U I rla-- -- ,\ \\\~. \." J~N?l'2.000 1:, C\My Documents\Lowe's Home Improvement Center Request for Additional R \V.doc DEPARTMENT OF DEVELOMENT MEMORANDUM #00-020 TO' John Guidry Interim DIrector of Engmeering ;Y~ Michael Rumpf Planning & Zoning DIrector FROM, DATE, January 20, 2000 SUBJECT Request for property for additional right-of-way (Lowe's Home Improvement Center) Attached you will find correspondence and a proposed road expansion plan generated from a requirement by the County to mItigate projected road impacts from the approved Lowe's Home Improvement Center project. The County's reqUIrement IS for an additional northbound turn lane at the intersection of W oolbnght Road and Seacrest Boulevard, which will require an addItional 5 feet of property proposed to come from the east sIde of the mtersectIOn (I believe that the reason the letter from Ms Halperin states" 10" feet as an alternative is to correspond with a less desirable design alternative from the County which includes a median) As thIS property is owned by the CIty, Lowe's representatives are requesting whether the city is willing to grant this additional land for the required lIDprovement. Please reVIew this request and provide me with your written comments I will also be presenting thIS proposal to the TRC on Tuesday, January 25th. If there are not objections, I assume the proposal should be presented to the City Attorney for preparation of a resolution for Commission consideration. If you see an alternative route by WhICh thIS review should follow, please advise or lead accordingly Attachments MR S:IPlanningISHAREDlWPIPROIECTSILOWE'S HOME CENTERIROW Expansion.doc JAN-10-2000 09 08 LEVY.KNEEN MARIANI,et al 5614~85811 P 02/03 ,--.. .- .. LEVY, K.~EBN. MARI.A.~I, CURrIN. KOR~l'ELD Be DEL Russo .ROl"E~$Il)"",t" ,o,NOello.TlON -' - !!L!:" !\jOR B ...At"PE:~IN ~ COUNSEL 'Q""Q ;;t"TI~IED IN "tAL EIiTATE LA,.., '"",,'Tl!;P'$O'RECT llll'L NC (!leI> ..7....,.22 COUNS~r.ORS...T l....w :SUIrE: 1000 '400 CENT'''~'''''l( .OUI,~"'''O WEST P4z"X BlS4CH. 1"1.081:0.6. 33401 TIt;.ItP'MQNE: (5411) .'....,.00 ,.AX NO (5&1147..5$" M IRWIN U;:VY "ETI"E;' December 14 1 999 Michael Rumpf Director Planning & Zoning City of Boynton Beach 100 East Boynton Beach Blvd Post Office Box 31 0 Boynton Beach, Rorida 33425 Re Lowe's Home Centers Our File No 5662 003 Dear Mr Rumpf I ThiS correspondence shall serve to follow up our conversation yesterday The Transportation Analysis prepared for the Lowe's initially shows that two improvements will be necessary First. an additional westbound turn lane and restriping of the southbound approach lanes at the intersection of Woolbright Road and Corporate Dnve/SW ath Street and secondly, an additional northbound left turn lane at the intersection of Woolbright Road and Seacrest Boulevard, It is the second improvement which prompted my call A visual inspection of the intersection clearly indicates that the most available right of way is in front of the City's Utility Plan. We anticipate that the County will need approximately 5 to 10 additional feel of right of way for a length of 600 to 700 feet. This right of way is needed on the east side of Seacrest south of Woolbright Road, I antiCipate that the County Will accept the sdditlonal right of way, either in the form of a deed or an easement, as it will be utilized primarily for a sidewalk and grass Yau explained to me that once you receive this request in writing, you would circulate it to the appropriate individuals withIn the City and get back to me as to the probability and mechanics of getting the necessary fight of way to the County OecemtMr 14, 1999 Page Two ~ ... If you have any questions, or need any additional information, please feel free to contact me. I look forward to hearing from you shortly cz~ Eleanor B. Halperin -' EBH,trc cc Steve Henry Mike Reynolds Rick Creech ,. \DOle. \.u.r~\.orll2'Qll\__". au"J c._ TOTAL P 03 LEVY, KNEEN, MARIANI, CURTIN, KORNFELD & DEL RUSSO, P,A, Professional Association 1400 Centrepark Boulevard Suite 1000 West Palm Beach, FL 33401 Telephone (561) 478-4700 Fax No (561) 478-5811 Of Counsel Eleanor B Halperin Direct No (561) 478-4722 MEMORANDUM DATE January 17, 2000 oorn@r . D~- ")1 ,j ; i ~ I B ?nnn L ~I , TO Michael Rumpf Director Planning & Zoning City of Boynton Beach 100 East Boynton Beach Blvd Boynton Beach, Florida 33425 \; AND ,_",,~__~.___~_ ,DEPT. FROM Eleanor B Halperin RE Lowe's - Boynton Beach As per your request This is a draft of the proposed design for the intersection improvements required of Lowe's in Boynton Beach I look forward to speaking to you shortly Thank you F \DATA\ELLIE\MEMO DOC