CORRESPONDENCE
CITY OF BOYNTON BEACH
MEMORANDUM
FROM
TO
RE
Quantum Park Lot 1 waiver of platting - Recordable instrument
DATE
September 20, 2000
I have reviewed your memo and notice of waiver of platting in the above referenced
matter The waiver should be revised to reflect the following
1) Under section 1 A, Article II, Chapter 5 of LDR, the waiver should state the specific
nature of eligibility (unusual conditions, isolated land etc.),
2) The waiver or the property description should indicate what portions of lands are
being dedicated to the City,
3) The waiver shall only be executed by the Mayor upon a recommendation from the
Director of Development that the Applicant has met all the conditions outlined in the
Chapter
S.ca/depts/planning waiver of platting memo
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September 12,2000
Subject: Waiver of Platting for Quantum Park Lot 1
Nick, according to the code, waiver of platting is granted by the Director We have reviewed this request
and endorsed it but prior to legal review for completeness and sufficiency Please conduct the necessary
review and forward to me any questions you may have, or have Jim endorse it as drafted.
Thanks,
Mike (1ft (L-
L'
Richard W. Carlson, Jr., Esq.
2377 Crawford Court
Lantana, FL 33462-2511
Phone (561) 433-0172
Telecopier (561) 433-0874
Email.richard.chip.carlson@usa.net
September 30, 2000
Mike Rumpf, Planning Director
City of Boynton Beach
100 East Boynton Beach Blvd
Boynton Beach,FL 33425-0310
Re Hampton Inn - Quantum Park Lots 1 & 2 - Waiver of Platting
Dear Mike
Enclosed is a certified copy of the Notice of Waiver of Platting for Lots 1 & 2 of
Quantum Park I send this to you for your files
This takes care of the platting issue for unifying all the property on which the
Hampton Inn is being completed
I trust this is helpful Please call me if you have any questions or concerns Thank
you for your assistance
s"'Jt'
Richard W Carlson, Jr , Esq
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Sep-29' ~~0 04 59p. 00-376010
ORB 12048 Pg 50S
11011111111111 n 1111111111111 " 11111111111111111111
T -s mstrument prepared by
nd return to:
Richard W Carlson, Ir Esq.
Address: 2377 Crawford Court
Lantana, FL 33462-2511
NOTICE OF WAIVER OF PLATTING
WHEREAS, North Boynton Beach Hospitality Inc, a Flonda CorporatIon, ("Nor h Boynton
HOSPltahtv") holds fee simple title to a certam parcel of real property located m Palm Bea;h County
Flonda, more particularly described as
Lot 2, Plat of Quantum Park at Boynton Beach, P.LD No 1 according to the PIal thereof as
recorded m Plat Book 57, Pages 182 and 183, OffiCIal Records of the Clerk of the Ci 'CUlt Court
m and for Palm Beach County, Flonda, and,
WHEREAS Boynton Beach HOSPItahty, Inc., a Flonda corporatIOn ("Boynton Hospltahty') holds fee
simple tItle to a certam parcel of rea! property located m Palm Beach County, Flonda, more I'artIcularly
described as.
Lot I (referred to m thIS recital as "Parent Lot I") of the Plat of Quantum Park at Bovrton Beach,
P 1.0 No 1, accordIng to the platthereofas recorded m Plat Book 57, Pages 182 and 83, Public
Records of Palm Beach County, Flonda, LESS AND EXCEPT that portIOn of said P lrent Lot I
as follows
BEGINNING at the Southeast corner of said Parent Lot I, Thence South 89 ] )egrees 04
Mmutes 47 Seconds West along the South line of said Parent Lot 1 a dJstanC( of 156 06
feet; Thence North 00 Degrees 55 Minutes 13 Seconds West, a distance of3711 47 feet to
the North line of saId Parent Lot 1, Thence North 89 Degrees 04 Mmutes 47 Se;onds East
along the North hne of said Parent Lot I a dIstance of 115 42 feet to the West nilht-of-way
hne of Lake Worth Dramage Dlstnct Canal E-4, as same IS recorded m Officnl Records
Book 4545, Pages 1296 and 1297, Palm Beach County, Flonda, Pubhc Recoris. Thence
South 07 Degrees 10 Minutes 49 Seconds East along said West nght-of- vay lme a
distance of 372 69 feet to the Pomt ofBegmnmg, and,
WHEREAS, the City of Boynton Beach ("Clty") approved an expansIOn of the HamJ:ton Inn bv
the addItIOn of 54 rooms extendmg mto Lot 2, and,
WHEREAS, Boynton Hospltahty will acqUlre a PortIOn of Lot 2 from North Boynton Hospltahtv
for thiS expansion; and,
WHEREAS, the Land Development RegulatIons, City of Bovnton Beach, Flonda ("Citv Code")
Chapter 5, ArtIcle II, SectIOn 1 proVides for the waiver of plattmg; and.
Page I of 4
ORB_ 1 2048 Pg 506
WHEREAS, the North Boynton Hospitality and Boynton HOSpitality have applied for ;uch waiver
of platting~ and,
WHEREAS, the Director of Development has determmed that the applIcation qualifies or a waiver
of plattmg under Chapter 5, Article II, Sections I.A.3 and I.B due to the Improvements and dedicatIOns
eXisting on the land beIng substantially In accordance With the reqUirements of the chapter and Waivmg
plattmg does not conflict with purpose and mtent of the chapter, and the resubdivlslon of the lane prevloush
platted IS of such SimplICity as to JUStify the WaiVIng of plattIng; and,
WHEREAS, no dedicatIOns to the City of Boynton Beach are reqUired because the ,1edlcatIons
made in the prevIous plat (Plat of Quantum Park at Boynton Beach, P I.D No 1) satIsfy the re ~ulrements
of the City
KNOW ALL BY THESE PRESENTS that the DIrector of Development and Plannu g Director
have determmed that the apphcatlon to Walve the pIattmg reqUirement for the subdiVISion of Let 2 and the
combmatlOn of that portIon of Lot 2 on whIch the Hampton Inn expansIOn WIll be located VH h the west
portIon of Lot I, as described above, meets the requirements set forth In the City Code, Chapte 5, Article
II, SectIOn 1.A.3 and I B, and the applIcatIon has been approved by QUintus Greene, I1lrector of
Development, as indicated by Ius signature affixed below
The subdiVISion of Lot 2, and a combination of a portion of Lot 2 with the west portiO 1 of Lot I
Into the follOWIng Lots has been approved by the City of Boynton Beach and the reqUirement )f plattmg
such has been Waived.
LOT 1
A PARCEL OF LAND SITUATE IN SECTION 17, TOWNSHIP 45 SOUTIl, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA, BEING A PORTION 01 LOTS I
AND 2, QUANTUM PARK AT BOYNTON BEACH, P I.D PLAl NO I
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT EOOK 57
PAGE 182, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORID;., BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1, SAIl) POINT
BEING ON THE NORTH RIGHT-OF-WAY LINE OF GATEWAY BOUl EVARD
FORMERLY KNOWN AS 22ND AVENUE, AS DESCRIBED IN OFFICIAL ltECORD
BOOK 1738, PAGE 1686 AND OFFICIAL RECORD BOOK 4594 PAGE 1454 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA, rHENCE
DEPARTING SAID NORTH RIGHT -OF-WAY LINE AND ALONG THE WI:STLINE
OF SAID LOT I,NORTHOl 43'35 "EAST,ADISTANCEOF 370 86 FEEl TO THE
NORTHWEST CORNER OF SAID LOT 1, THENCE ALONG THE WEST LINE OF
SAID LOT 2, NORTH 12' 44'46" WEST, A DISTANCE OF 216.53 FEET, rHENCE
DEPARTING SAID WEST LINE OF LOT 2, NORTH 77' 15' 14" LAST A
DISTANCE OF 18448 FEET THENCE SOUTH 12 44' 47" EAST, A DbTANCE
OF 255 16 FEET TO A POINT ON THE NORTH LINE (IF THE
AFOREMENTIONED LOT 1 THENCE ALONG THE NORTH LINE OF S.\ID LOT
,
I, NORTH 89' 04' 47" EAST, A DISTANCE OF 8775 FEET, THENCE DEP t\RTING
Page 2 of 4
LOT 2
ORB 12048 Pg 507
SAID NORTH LINE OF LOT I, SOUTH 00' 55' 13" EAST, A DISTANCE OF 370 47
FEET TO A POINT ON THE AFOREMENTIONED NORTII RIGHT-OF-WAY LINE
OF GATEWAY BOULEVARD; THENCE ALONG SAID NORTH RIGH1-0F -WAY
LINE, SOUTH 89' 04'47" WEST, A DISTANCE OF 293.36 FEET TOT,E POINT
OF BEGINNING
CONTAINING 149,02007 SQUARE FEET OR 342 ACRES, MORE OR LESS
A PARCEL OF LAND SITUATE IN SECTION 17, TOWNSHIP 45 SOUfJI, RANGE
43 EAST, PALM BEACH COUNlY, FLORIDA, BEING A PORTION OF LOT 2,
QUANTUM PARK AT BOYNTON BEACH, PJ.D PLATNO 1, ACCOFDfNG TO
THE PLAT THEREOF, AS RECORDED TN PLAT BOOK 57, PAGE 18~ PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, BEINC MORE
PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2, THENC S ALONG
THE SOUTH LINE OF SAID LOT 2, SOUTH 89' 04' 47" WEST, A DIST A.NCE OF
203 17 FEET, THENCE DEPARTING SAID SOUTII LINE, NORTH 12 44' 47"
WEST, A DISTANCE OF 255 16 FEET, THENCE SOUTH 77' 15' 14" WEST, A
DISTANCE OF 18448 FEET TO A POINT ON THE WEST LINE OF SA D LOT 2.
THENCE ALONG SAID WEST LINE, NORTH 12' 44 46" WEST, A DIST A.NCE OF
212 44 FEET TO A POINT ON THE SOUTH RIGHT-OF-W A YLINE OF QUANTUM
BOULEVARD AS SHOWN ON THE AFOREMENTIONED QUANTUM ) ARK AT
BOYNTON BEACH, P LD PLAT NO 1, SAID POINT BEING THE NOR fHWEST
CORNER OF SAID LOT 2, THENCE ALONG SAID SOUTH RIGIIT-OF-W A. Y LINE,
NORTH 89' 08' 39" EAST, A DISTANCE OF 044 FEET TO THE P)fNT OF
CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A IUDIUS OF
145268 FEET, THENCE EASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 12' 50' 57", AN ARC DISTANCE OF 325 78
FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CON< ,AVE TO
THE NORTH HAVING A RADIUS OF 550 00 FEET THENCE EASTERL) ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12 0(" 11 If, AN
ARC DISTANCE OF 11666 FEET TO THE NORTHEAST CORi'iER OF SAID LOT
2, THENCE DEPARTING SAID SOUTHRIGHT-OF-W A YLINE AND ALONG THE
EAST LINE OF SAID LOT 2, SOUTH 01' 10' 49" EAST, A DISTANCE (IF 37148
FEET TO THE POINT OF BEGINNING
CONTAINING 120,615 91 SQUARE FEET OR 277 ACRES, MORE OR LESS
Page 3 of 4
OR~_ 12048 Pg 508
DORon WIIJ{EN, CLERK PB COUNTY, FL
f ~
CONFIRMED thIS ~ay of 2000, by QUIntus Greene, Director ofD ~velopment,
and approved for recording by Mayor G raid Broemng upon the recommendation of the DIrector of
Developm nt d approval of the CIty Attorney, City of Boynton Beach, Flonda.
77 1
Qui' us reene
Director of Development
Notary
STATE OF FLORIDA }
COUNTY OF PALM BEACH }
The foregomg Instrument was acknowledged before me thls~dav of ~1./.'fi2000 b~
QUIntus Greene. Director of Development who IS personally knov.n to me.
Notary Pubhc, State of Flonda
...Qc)jp Pla'\J41 ~ YJ'\t.V}1/Jt i-
Notary SIgnature
(SEAL)
'~f' Mane Lamanna
.~. 1: My Commillion 00843104
'').. .'/ ElCPlrq AUQuI1 a, 2001
Notary
STATE OF FLORIDA
COUNTY OF PALM BEACH }
c;1A . ,
The foregOIng Instrument was acknowledged before me thIS.~{; davof & vk-~{k;/IlOOO bv
Mayor Gerald Broomng, who IS personally known to me.
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I
Approved as to form and
legal sufficlenc\
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City Attornev James A. Cherof ) ~^--.-.t -
~~ ~Lyn,~
:a* ~c.m",... 8
~or..:"- &,1m April 20. 2004
.-~::-"" t';^' l'. B 10.' H COI iNTY STATe U f'..ui110A
't.f ~.:I.CfJfl. r\l.lV, L.. V.J . .
te6 ~\ . I hereby certify hat the f~regollg.ls a
\'~.lll':] j ~. lru py of t e reeo In 1,!llce.
.... . '......., Th' '] I .~ 20cJ?)
'r"'~~"'CH G~~~:''''''- I~ yo' _I -'
Page 4 of 4 ."-"".,,.- DOROTHY H. WILKI:N
4 Clem~/
:.ryt~ D.C.
BY
DEPARTMENT OF DEVELOP
Division of En
rn
Bulenl'. KDst4rliIk, NCARS
Director 01 Dndopmenl
Buil4lng
Plluurbtg.t Zoning
Ellp.riIrg
OecfIpIII/olUlllkmua
Co-rudtJ RedneIopmenJ
August 24 1998
RIchard W Carlson, Jr Esq
2377 Crawford Court
Lantana, FL 33462-2511
Re Quantum Park Lot 1 - Platting WaIver
Dear Mr Carlson
We are In receIpt of your letter of August 5 1998 requesting a waiver from the platting
reqUIrement for the referenced project It IS our opinIon that you qualify for a waIver under CIty
Code Chapter 5 ArtIcle II, SectIon I A.I and 3 AddItIonally we are In receIpt of your survey
and applIcatIOn fee of $200 00
Therefore, under the authonty of the CIty of Boynton Beach Code of Ordinances, we hereby
delete the reqUIrement for platting Should you have any questIons, please call
Very truly yours,
uK
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~b Cc LL reI- -L . I (~v-ta ucJt:
Bulent I Kastarlak
DIrector of Development
BIK RFD/ck 0 ~.
~~Ji+k
Xc Michael Rumpf
IVllchael Haag
<. \h D""IUll"nls ()uanlum I'ark 1."1. \\ a1\ ,r or I'lattll1g.do"
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach. Florida 33425..0310 Phone: (561) 375-6280 Fax: (561) 375-6357
rn
~ 0 w ~
.___.Richard W. Carlson, Jr., Esq.
~"I 2377 Crawford Court
I~ lr: Lantana, FL 33462-2511
\ U Phone (561) 433-0172
Telecopier (561) 433-0874
, - 6 1998
PLANNING AND
ZONING DEPT
August 5, 1998
Bulent I. Kastarlak, Director
Department of Development
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
Re Quantum Park Lot 1 - Waiver of Platting
Dear Bulent
[D) ~@ U Wfi fll
00 ~"~ 11m ~
. (J!~ DEPARTMENT O~ DEVflOPMEN
a;;w 10 "!Jl,(had ~
f21A.- 8 Tic ~
Hand Deli very _ O/a~al::J .
~j ~ l'1f ft~
Apf~U
I represent Boynton Beach Hospitality, Inc , ("Hospitality")
owner of Lot 1, Quantum Park Following up on various
correspondence between City representatives and me, I write you to
finalize Hospitality's request to waive platting for splitting out
the eastern portion of Lot 1. In that regard, I enclose a copy of
your March 11, 1998, letter to me stating what we need to finalize
this waiver of platting
As called for in your March 11 letter, I enclose a signed and
sealed survey showing the split of Lot 1 into Lot 1 (Hampton Inn
hotel) and Lot I-B (Original Pancake House restaurant) and a check
in the amount of $200 The designation "Lot 1-B" was chosen
because the designation "Lot I-A" already exists to identify the
canal right-of-way east, and the water management tract west, of
Lot 1
Please approve the waiver of platting as outlined above I
appreciate your attention to this matter and look forward to
receipt of the waiver soon
snrely
{//ty ;:;-6 J "-
Richard W. Carlson, Jr., Esq.
c Mike Panakos, Boynton Beach Hospitality, Inc , wlo enc
Joyce Elden, Esq , wi enc
Bill Baker, Original Pancake House, wi enc
DEPARTMENT OF DEVELOPMENT
Division of Engineering
Bulellt 1. Kastarlak. NCARB
Director of Del'elopment
Building
Planning & Zoning
Engineering
Occupational lJcen.<es
Community Redevelopment
1\'1ardl I I I {)l)R
R((,;hard W (ar!<;on,.lr Lsq
2J 77 ( rawford Court
Lantana rI n4()2-2'i II
Re QualllulII Park Lot I Waiver of Plalllng Rcqucst
Dear I\:1r Carlsl1n
We are m ITCClpt of your Icttcr of January 24 JlN8 rcqucstmg a waIver from thc plattlllg
reqUIrement for the referenced proJect It 1<; our opllllon that you qualify for a waiver under City
Code ( haptcr 'i Article" SectIon I A I and ~ proVided Yl1U proVIde us With the f{lllowlIlg
a Fee of $200 00
h Ccrtl1ied survey showmg property boundancs nght <;-of-way and easemcnts (In
accordance \vlth Paragraph I))
In response to your fcller of I chruary ~ 1l)()R 10 -I alllbll Ileydcn, Plantllllg and J:onIng
Ad1ll1l11strator bc adVised that she has Informed us that the lot lIne location meets her approval
~hould you have any quesllons, plcase call
Very truly yours,
I - J !
,JL, ('[(fiC: ~11~l::f{; I L-
Bulent I k.astarlak
Director of Development
BIK/ck
\.C .John Yeend
Tamhn lleydcn
MIchael' 'aag
( \h J )nlllll1l'lIll; ()II:1I1I111H Pall. I \1 I \\;11\" II Plalllllt' dill
America's Gateway to the Gtllf~trea11l
100 l~ast Rnyntnn Reaeh Uh'd.. 1'.0. Unx 310 Unyntnn Ueach.l'lnrida 33425-11310 l'hnne: (56\) 375-6280 Fax: (56\) 375-6357
)
Article I.
Article II.
Article III.
Article IV
Article V
Article VI.
Article VII.
Article VIII.
Art. I
CHAPTER 5
PLATTING
In General
Waivers and Substitutions
Administration
Prerequisites to Platting
Plat Preparation and Approval
Previously Platted Subdivisions
Land Development Permit
Sale or Transfer of Property
ARTICLE I. IN GENERAL
The purpose of tlus chapter IS to provide a procedure for prepanng plat documents
consIstent WIth development regulations of the City of Boynton Beach and to create
documentation of physical charactenstIcs of land proposed for development within the CIty
No person, firm, partnershIp, corporatIOn or any other associatIon shall subdIvIde a tract of
land anywhere in the Incorporated area of the CIty of Boynton Beach except in conformity with
this chapter No subdivision shall be platted or recorded nor shall any building permit be issued
unless such subdIvisIon or development meets all the provIsions of tl11s chapter and those of any
applicable Laws of the State of Florida, and has been approved In accordance with the
reqUIrements as herein set forth, unless a waIver or substitutIOn has been granted accordmg to.
ArtIcle II of thIS chapter
ARTICLE II. WAIVERS AND SUBSTITUTIONS
Section 1 Waivers.
A. ElIgibility A waiver of the platting requirement may be conSIdered when the land is
to be dIVIded into no more than two (2) contiguous lots and no more than three (3)
regularly shaped areas are to be dedicated to the City of Boynton Beach (easements,
tracts, parks, rights-of-way, etc.) and because
)
Unusual conditions are created by ownership or development of adjacent lands,
or
Adopted April 4 1995 Ordinance 095-02
(includes all ord thru 97-10 adopted 4/15/97)
S-l
Art. II, ~ 1
2.
The land concerned is Isolated or remote 10 its relatIOnship to other platted or
Improved lands, or
The Improvements and dedicatIons eXIstmg on the land are substantially 10
accordance with the reqUIrements of thIS chapter and if the waiving of the
reqUIrements for plattmg would not conflict wIth the purpose and intent of tlus
chapter
3
,
B WaIver applicatIOn. Pursuant to Section I above, the developer shall submit an
applIcation for waiver of plat to the dIrector of development who shall review the
application and determine If one of the foregoing condItIons eXIsts and, upon
affirmative determmation, shall delete the reqUIrement for platting.
C Appeal of waIver denial deciSIOns. When the director of development detennmes
that an applicant IS not elIgible for a waiver to platting, the decision may be appealed
to the board of zornng appeals as outlIned 10 Chapter I, ArtIcle VII.
D Requirements in lieu of platting. If platting is deleted, a certified survey shall be
submitted to the director of development who may require deeded rights-of-way and
easements, reservatIons or Improvements required in connectIOn WIth plattmg under
this ordmance, mcludmg the postmg of surety to carry out the mtent and purpose of
this ordmance.
Section 2. Substitutions.
A. ElIgIbIlIty A boundary plat may be submItted when the subdIviSIOn or resubdIvIsIOn
of land is of such slInplIcIty or IS surrounded by such development as to Justify the
waIvmg of the reqUIrements for prepanng a full replat. For the sole purpose of
determIrnng applicatIOn fees, a boundary plat submIttal shall be conSIdered a pre-
applIcatIOn submIttal.
B Master plan waiver The submISSIon of a master plan for a boundary plat may be
waived at the sole option of the dIrector of development.
C Specific boundary plat requirements. All provisions of FS 177 and thIS Land
Development Regulation shall fully apply to every boundary plat mcluding, but not
lImIted to, those tangible Improvements reqUIred 10 Chapter 6 not already in place
Adopted Ap~il 4 1995 O~dinance 095-02
(includes all o~d thru 97-10 adopted 4/15/97)
5-2
Richard W Carlson, Jr., Esq.
2377 Crawford Court
Lantana, FL 33462-2511
Phone (561) 433-0172
Telecopier (561) 433-0874
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February 3, 1998
Tambri Heyden, AICP, Director of Planning
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach FL 33435-0310
Re Quantum Park, Lot I - Waiver of Platting Request -
Review for Location of Lot Line
Dear Ms Heyden
Thank you for your quick response to the waiver of platting
request on Quantum Park, Lot 1 As we discussed, enclosed is a copy
of the proposed site plan for the restaurant-area of Lot 1, along
with ~he overall site plan of the entire Lot.
I send this to you for your review as to the location of the lot
line Please review this to ensure that the location will not
violate any Boynton Beach land development regulations
After we spoke, I talked to John Yeend who. informed me the
Director of Development is responsible for reviewing plat waiver
requests Accordingly, it is not necessary that you approve the
\<"ai ver request However, we should make sure the lot line is
properly located
Please review this at your earliest convenience so that we may
proceed with the application for waiver of platting Negotiations
wi th the prospective purchaser have resulted in the seller being
responsible fo~ obtaining a waiver of platting The application for
site plan approval will be the responsibility of the buyer We
expect the a~plication for the restaurant use will be filed in three
to four ii1ont~s
I thank yeu for your attention and I look forward to hearing
from you soon
~ncrreyt::-L
~c~~~- ~~on, Jr , Esq
c Pat Guarini, wjo enc
Mike Panakos, wlo enc
Bulent I Kasterlak, NCARB, wi enc
John Yeer.d, P E , wj enc
George White, wi enc
Jeffrey Deutch, Esq , wjo enc
Ted Lain~e, wlo enc
lA"! 27 '98 03 45PI1 BROAD AND CASSEL. ....SSOc IHC 1:5011;15197670Sl
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