Loading...
LEGAL APPROVAL ~ DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 05-067 TO: Technical Review Committee Members Marshall Gage, Police Chief Jeff Livergood, Public Works Director Jody Rivers, Parks Superintendent Pete Mazzella, Utilities Department Director Mike Rumpf, Planning & Zoning Director Rick Lee, Fire Protection Engineer FROM Don Johnson, Building Official ~ April 14, 2005 ISSUANCE OF CERTIFICATE OF OCCUPANCY PROJECT NAME: ,Bo~nton!Delray Academy ADDRESS: 425 NE lOt Ave. PERMIT #: 04-1876 CONTRACTOR: Advanced Modular Structures DATE: RE: The above referenced project is nearing completion. Prior to the Building Division issuing the Certificate of Occupancy, I would like to ensure that you do not have any outstanding or pending conditions concerning this site that must be rectified (excluding issues that are covered entirely with a City approved surety). If any outstanding conditions are related to permits issued by the Building Division, please provide this division a memorandum containing a description of the unresolved conditions. If the unresolved conditions are not permit related, please notify the owner or the owner's agent to ensure that the matters are rectified. Please respond to me, within ten (10) days, in order that we may proceed in a timely manner to issue the Certificate of Occupancy. No response is necessary if your department is satisfied with the current state of the above referenced site. Thank you for your cooperation. DJ:rs xc: Timothy K. Large, Building Code Administrator Bud Gall, Senior Building Inspector Kevin Hallahan, ForesterlEnvironmentalist Frantz LaFontant, Engineering Inspector II Rodger W. Kemmer, Deputy Chief and Fire Marshal Permit File # 04-1876 S:\Development\BUILDING\TRC 10 Day Memos\2005\Boynton Delray Academy 04-1876.doc FILE No.872 07/06 '04 16:11 TD:MORAITIS,COFAR,&KARNEY FAX:954~~35488 PAGE 1/ 3 MORAITIS, COFAR & KARNEY ATTORNEYS AT LAW GEORGE R. MORAITIS LAWRENCE J. COFAR WILLIAM M. KARNEY GALLERIA PROFESSIONAL BUILDING Suite 506 915 Middle River Orive Fort Lauderdale. FL 33304 Telephone (954) 663-4163 FAX (954) 563-5913 Senders e-M~U Address jperu@mcklaw.cam GEORGE R. MORAITIS JR. JUAN J. PEREZ SHENAE E.. Hoaas July 6, 2004 JUL - 7 3D4 Mike Rumpf City of Boynton Beach Planning and Zuning Division Department of Development via fux: 561-742-6259 -.-j Re: Abandonment, Opinion of title Delray-Boynton Academy, Inc. Dear Mr. Rumpf: Pursuant to OUT conversation this letter is to serve as a clarification and addition to the opinion of title delivered to the above address and dated June 23, 2004. This letter is to include the refenmce to the property described in Exhibit "A" attached (the "Abandonment Property"). The Abandonment Property is located between the propel1y referred to in the Letter of June 23,2004 and is attached hereto as Exhibit "B". Pursuant to the Meeks and Andrews Addition to Boynton, as recorded in Plat Book 5, Page 84, of the Public Records of Palm Beach County, Florida, the Abandonment Property was publicly dedicated to the City of Boynton Beach. In as such, the City of Boyton Beach has the valid legal authority to abandon the Abandonment Property. JJ P\j P cc: Marty Madura: 954-960-0747 F;\JJ~\()~lnlY IluYIllOll\S~ppk"\lQ}tQI1.,,",,r otOpinioD.wpd FILE No.872 07/06 '04 16:11 TD:MORAITIS,COFAR,&KARNEY Jan 30 04 05:08p Ll~ H~~Qrn~~ ~ urr .~~ FAX:95j1r.S35488 -,' EXHmIT "At> A 5-foot alley lying in Block B of Meeks and Andrews Addition to Boynton, as recorded in Plat Book 5, Page 84, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: A 5-foot wide alley running which runs west from N. Railroad Avenue between NE 1 Olh Avenue and NE 11 tl1 A venue in said Block B. ""'. PAGE 2/ 3 FILE No.875 07/06 '04 16:30 TD:MORAITIS,COFAR,&KARNEY FAX:954r;:~35488 PAGE 3/ 3 Exhibit B PARCEL "1" Lor 2 LESS lIEC RAlLWAY RIGl[T OF W Y AM> LOTS 3 AND 4 AU LESS SOUTH 10) 'OOT ROAD RIGa OF WAY, BLOCK 1, E. ROBERTS ADDUI N TO BOYNTON, AS RECORDED IN PLAT BOOK 1, PAGE 12 OF THE PUBLIC RECORDS OF PALM BE CH COUNTY, ll'LORIDA. Parcel IdentinQC'OD NrllubDr. 08-43-45.21-27- 01~0021 &ad PARCEL ''2'1 The East 300 feet of Bloc:k "B", Jeu the right C-way or tile FEe llailway, MEEKS AND ANDR &WS ADDITION T BOYl'ITON, aecordiDI co the plat the~f DO e In the Oftlee of the Clerk or ClIe Circuit Court I , aad for Palm Betel County, florid., recorded ia PI.t Book S, P. 84, PQbllc retardS, .atd land. dtaate, Iytai, !lad bcLug In Palm BeAe CQua1y. Flond". LXSS AND EXCEP Farce. II A", 8 portioD 01 the Ea5~ 300 feet 0 Block "BII. leu tile t1ibt-or-~y of tb. FEe Rt Ilway, MEEKS ANDREWS ADDITION TO BOYNTON; as r orded in Plat Book 5, ra,e B.4, P AIM BEA.Ca ( OUNTY, Jl'LORlDA Mote partlc:lllarJy desertbcd as foUOW'Il Belm me at the Nortln'~t COl'Jler or tlJ~ Ibt 300 feot Dr !Jloek "B"; tbClIIC wIth a bllarlDg orEaft for II distance 111119.0 Ii t tv a pomt; theace S 3 degreel 09' 23" E Cbr.. dlltance of 7-'.28 fce~ t · polat; tbenee West for a distance of In.PO t to a pula!j tbenl!O N 1 degree 37' 00" W lor II dWallee of 73.l0 fee more Or JIlII to the POINT OF BEGlNNING. onlalblng 9216 .qllllR teot mol'. or less.. Together with: Parcel "C", a portion of tile Il.t 300 foct 01 Block "B". 1011 th rlgbt-a(-".y oC the FEe Ralhny MEEKS AND ANDREWS ADDITION TO aYNTON, 811 recorded m Plat :Book .5, Page 84, PALM BEAe COUNTY, FLORIDA. More putlcuJ..rly d rib~d .8 (PUOWI; ~mh1Cncior at the NortbwHt C ItDer or tbe Bait: 30 fed of Bhu~k t'B"; tbenee with II bearing ot S J dep'eCl 37' 00" I tar B dt!ear1~ oC 73.20 teat (D tI e point of bepnniDlI' tbenee Ead for a distance of 121.90 feet to a pat; tbe.ac. S J clegnu.09' Z3" W for II distance 01 76.8t feet to . polin thence WHt fllr 8 distance of 116.50 fNt to B P fJ1t; then" North 1 degree 37' 00" W rl)r B distal co at 76.10 feet dlo.. Or Illn to the Point of BegiDDm8i ParClelIdentitieatloD Number: 08-43--45-21-J2- 06-0021 Ale NUlnbet: ~nuc Doubl4l'nIllN ~f, Michael From: Sent: To: Cc: Subject: Rumpf, Michael Tuesday, July 06, 2004 5:45 PM Berger, Pat; Prainito, Janet Byrne, Nancy; Lamanna, Rosemarie Delray Boynton Charter School (a.k.a Boynton Delray Charter School) Please be informed that I have received a clarifying statement from Juan Perez, attorney for the applicant, confirming that the abandoned easement was rightfully in public ownership and eligible for the abandonment. The abandonment ordinance can now be recorded as all conditions have been met. Please let me know if there are any questions. Mike 1 .. L- I'. -', , .~ L . ~ -: " i r <,'. I 111'1 IIIUII II UIIIIIIIIIII IU 1I1II11III M 1II1 ' .' ,I ~ Prepared by and return to: James A. Cherof, Esq. Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Blvd., No. 200 Fort Lauderdale, Florida 33308 CFN 20040382555 OR BK ~7~94 PG 08~3 RECORDED 07/01/2004 10:31:07 Palm Beach County, Florida Dorothy H Wilken, Clerk of Court (Space Above This Line For Recording Data) DECLARATION OF UNITY OF TITLE KNOW ALL MEN BY THESE PRESENTS, that the Delray-Boynton Academy, Inc., pursuant to the ordinances of the City of Boynton Beach pertaining to the issuance of building permits and regulating building construction activities, the undersigned, being the fee oWllers of the following described real property situated in the City of Boynton Beach, County of Balm Beach, and State of Florida to wit: Address: 425 N.E. 10th A venue Boynton Beach, FL 33435 I Legal Description: See Exhibit "A" attached hereto does hereby make the following declarations of condition, limitation and restriction on said lands, hereinafter to be know and referred to as a DECLARATION OF UNITY OF TITLE, as to the following particulars: 1. That the aforesaid plot or combination of separate lots, plots, parcels, acreage or portions thereof, shall hereinafter be regarded and is hereby declared to be unified under one (1) title as an indivisible building site. 2. That the said property shall be henceforth considered as one (1) plot or parcel of land, and that no portion thereof shall be sold, assigned, transferred, conveyed or devised separately except in its entirety as one plot or parcel of land. The undersigned further agree(s) that this Declaration of Unity of Title shall constitute a covenant to run with the land, as provided by law, and shall be binding upon the undersigned, their heirs, successors and assigns, and all parties claiming under them until such time as the same may be released in writing by the authority of the administrative head of the Boynton Beach Department of Development and approved by the City Attorney and the Mayor upon submittal of request, applicable fees and evidence that the agreement is no longer required by law. The undersigned also agrees that this instrument shall be placed in record in the office of the Clerk of the Circuit Court of Palm Beach County, Florida. .7. "''' Signed, sealed, witnessed and acknowledged this ~ day of ~A e... , 2004. ~~Yu ~ k DEL Y-BOYNTO ADEMY, INC., Signature of Witness j!YiSfu m.Vu./lu (Printed Name of itness) n (Printed Name of Witness) k STATE OF FLORIDA ) COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State and in the County aforesaid to take acknowledgements, personally appeared JOE GREEN, the Executive Director of Delray-Boynton Academy, Inc., named in the foregoing agreement and that he acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said Delray-Boynton Academy, Inc., and that the Corporate seal affixed thereto is the true corporate seal of said Corporation. WITNESS my hand and official seal in the County and State last aforesaid thisda.,4-. day of \A"",<--, , 2004. ~~~TARYPUBLIC Print or Type Name ..\\~~W~/(, Martin Madura {!~'f:~ Com!llission #DD230589 ~.,;. ~."".:: Expires: Jul 09, 2007 ""'~~OFf~O~>' Bonded Thru I" II ,\ \ Atlantic Bonding Co., Inc. .l ., ----.h..- -' to . "Exhibit A" ---- LEGAL DESCI~IPTION: I THE EAST 300' FEET OF BLOCK "B", LESS THE RIGHT-OF-WAY OF THE F.E.C. RAILWAY, MEEKS ANO ANDREWS ADDITION TO BOYNTON, ACCORDING TO n-lE PLA T THEREOF ON FILE IN THE OFFICE OF THE CLERI< or rHE CIRelli r counT IN AND FOR PALM BEACH COUNTY, FLORIDA, I<ECORDED IN f'LA T 8001< 5, PAGE 84 OF THE PUBLIC I<ECORDS. SAID LANDS STUATE, I.YING AND BEING IN PALM BEACH COUNTY, FLORIDA. LESS AND EXCEP T PARCEL "A", A POI( liON OF THE EAST 300' FEET OF BLOCK "B", LESS II.IE RIGH I-OF -WA'( orfl.IE F.E.C. RAILWAY, MEEKS AND ANDREWS AODITION fO 130YN rON, AS RECORDED IN PLAT BOOK 5, PAGE 84. PALM BEACH COUf\lTY, FLOI<IDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT fHE NOR IllWEST CORNER OF THE EAST 300' FEET OF 8LOCI< "B"; nl[NCE WI n.' A BEARING OF EAST OF A DISTANCE OF 129.00' FEET I() ^ l'OIN I; fHENCE S03'09'23"W FOR A DISTANCE OF 73.28' FEET TO A POINT; THENCE WEST FOR A DISTANCE 122.90' FEET ro A POINT; 11.IENcr N01'37'OO"W FOR A DISTANCE OF 73.20' FEET MORE OR LESS TO tHE 1'011'1 r OF BEGINNING. SAID LANDS CON f AINING 9216 S<)UARE FEET MORE OR LESS. IOGE1HER WI III: PAI<CEL "c". A I'()I< 1101'1 or fHE EAST 300' FEET OF BLOCK "B" LESS IHE f(I{;IH-OF-WAY OF TIlE F.E.C. RAILWAY, MEEKS AND ANDREWS f\DIJIIIUl-J 10 i3()'rl.' rnt.l, AS RECORDED IN PLAT BOOK 5, PAGE 84, PALM BEACH COUN TY. FLOI<IDA MORE PART1CULARL Y DESCRIBED AS FOLLOWS; COMMENCING A r THE NORTHWEST CORNER OF THE EAST .300' FEET OF BLOCK "B"; THENCE WITH A BEARING 501'37'OO"E FOR A DISTANCE OF 7.3.20' FEET ro THE POIf\IT OF BEGINNING; THENCE EAST FOR A DISTANCE OF In.90' FEET fO ^ POINT; THENCE S03'09'23"W FOR A DISTANCE OF 76.89' FEET TO A POINT; THENCE WEST FOR A DISTANCE OF 116.50' FEE f TO A POINT; THENCE N01'J7'QQ"W FOR A DISTANCE OF 76.80' FEET MORE OR LESS ro THE POINT OF BEGINNING. . TOGETHER WITH La fS 2, j, AND 4, BLOCK I., LESS THE RIGHT-OF -WA Y OF F.E.C. RAILWAY AND LESS THE SOUTH 10' FEET THEREOF FOR ROAD RIGHT-OF-WAY, E. ROBERTS ADDITION TO BOYNTON, ACCORDING TO THE PLA T THEREOF; AS RECORDED IN PLAT BOOK 1, PAGE 123 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. . _._._. _".~",~~~"\.""",,,">-=,~A"'-"""-':-'-'" .'. .,'.-," ....~. .- PALM BEACH COUNTY. STATE OF FLORIDA I hereby certify that the foregoing is a ! . ljue copyoHfle--reco in my office. C' ThisLDayof 20~. DOROTHY H. WILKEN Clerk j'rcuit Court /Y.f;7;; BY D.C. FILE No.769 06/30 '04 15:41 ID:MORAITIS,COFAR,&KARNEY FAX:9545635488 PAGE 2/ 4 MORAITIS, COFAR & KARNEY ATTORNEYS AT LAW GALLERIA PROFESSIONAL BUILDING Suite 506 915 Middle River Drive Fort Lauderdale. FL 33304 Telephone (95~) 563-4163 fAX (854) 5Cl3.6813 SendefS E-Mail Address gmofaili5jrOmCklaw,com GEORGE R. MORAITIS ~AWRENCE J COFAR WILLIAM M KARNEY GEORGE R MORAITIS JR JUAN J. PEREZ June 30, 2004 J..)avid Tokes, Esq. Goren, Cherof, Doody & E7.rol, P.A. Suite 200,3099 E. Commercial Boulevard Fort l.auderdale, FL 33334 Re: Corrective Warranty Deed - Delray &ynton Academy, Inc. Dear Mr. Tolces: Our law firm represents DELRAY.BOYNTON ACADEMY, INC., the entity which is applying for a unity of title to construct a school. As requested please find the corrective warranty deed which corrects the name of the entity to DELRA Y-BOYNTON ACADEMY, INC., a Florida Not for Profit corporation. The original deed is being sent for recording today to correct the error in the name of the grantee. Please advise when our client can proceed with construction and if you need anything further ti'om our office. Very truly yours, cc: Joe Green, Delray-Boynton Academy, Inc., OHM\ f:\GRM Jr\I.ello, III Cily AIIOI'tlCY - Dclr~y (}WhIUII.WI'4 FILE No.769 06/30 '04 15:41 ID:MORAITlS,CUrR~,~KRKNtY UtilJU/2UUol 14::>J ".-\.1 :lll-l ;:'Ilt Jll' rt'.JOlll:"~".r'.A. t-HX:!:;10400.:50l.ltltl r'H\:JC. .;J/ -eJ uu;::, tlu,J ... '"'' Pretlared hv and retum to: T.J. Corbin Law Clerk Perry I/: Kern, P.A. SO S'E 4th Avenue Dclray Deacll. FL 3-3483 561-276-4 1 4Ci fjJe.; Numbtt. 03-6011{ IS~c Above 'Tllil Line For ~ording Dalal DEED J:S BEDlC U-J,ECOJDED TO COUECT GlAJlT'EE 1 S H.&K& Warranty Deed This Warranty Deed made this 21t1l dAy of January. 2004 betweer. Keith D. Kern AS Trustet(s) of the Rodn Load Trult dated November 12, 2000 whose post office addre$s is 50 SE 4tlt A~cnuo. Delray Beaeh, n. 33483, grantor, and Delrlly-Boynton Aeadcmy, Ine.. a- F~idiol not for prefit eor~r'2tion whose pOSt oftieeaddress Is 900 Seaerest Blvd., Bo)nton Beach. FL 33435. grantee: (WlIcllcvcr used herein tlle Iem\! ".rMIQr" ..nit -::rl~" j~llldc all Llle parties 10 &his i~It\lmellt :anc! Ihe I\ei~, 1C321 rc~'mL:lll"ft. ..'d _si~ of indiltidijlals, _nellhe successors 3l\d usijlr\S of earp13r.alian=... ltu.", .nd truSlI:c.s) Witnesseth. that saiel stlntor, for and in ~onsidmtion of the sum of TEN AND NOIJOO DOllARS ($10.00) and other .;ood and valuable considctalions to lWlid ~ntoT in hand paid by said grantee, the: receipt whereof is hereby I.Ckngwled;:ed. has grllnted, barssiMd. w sold to tht said grantee. and gratltee'~. hein and assigns forever, me following described land, situate, lying and being in hIm Beach Coullty. Flo..-idatc-wit. P AllC.EL "I" LOT 2 LESS FEe RAILWAY RIGHT Ofw.\y .\ND LOTS 3 A.ND 4 A1.L~ESS SOUTH 10 fOOT ROAD RIGHT Of WAY, BLOCK 1, 'E. ROBERTS ADDITION TO BOYNTON. AS RECORDED IN PLAT BOOK J, PAGE 123, OF THE PUBLIC R.ECORDS OF "A~M BEACH COUNTY, fLOlUDA. PlIrcelldentillcation Number; 08-43-4~21-21.0Ql-0021 and PARCEL "2" The ElIst 300 leet of Block liB". leu CIte rigilt-of-way of tile FEe Railway, MlEKS AND ANDREWS ADDJTION TO BOYNTON, :accordinl: to the plllt tbtreof on file in the Office 01 the Clerk or the Circuit Court in And (or PAIU) Beath C6unly. Flurid:a, recorded in PllIt Book 5, fage 84. pUbUe records, '!lid land, situDtc, Iyia~. ..nd being in Palm Beach County, Florida, LESS AND EXCF.PT Parcel "A", a portioll of rhe East 3no feet of Blocli: "B'\ leu the rig"t~of-way III the FEC RAilway, MEEKS AND ANDREWS ADDITION TO 80YNTON.IlS reeordecl iD flat Book S, Page 84, PALM BEACH COUNTY, Fl01UnA. More psrticutart)' ctescribed as follows: Bcgianing at the Nonhweat COrntr or the East 300 ftet of Blod. '~Bh; thcnce with II beannl or E~st for a distance of 119.0 feet to a point; thellc. S 3 dcgrc-c:s 09' 2.)" E for a distance of 73.13 fect to a- poilU; tbellce Weft for II distance or 112.90 'eet to . point; thence N 1 degree 37' 00" W for a dis~nce 0173.20 feet 1D0re: or less to tile POINT OF BEGINNING. Containing nJ6-$Quare feet more or 1m. T ogelher with; Pareel "C", A portion of ehe ElUit 300 fcct of alock "n". less the rieht-ol-way Qf the FEC lbltwlY, MEEKS AND ANDREWS ADDITION TOISOYNTON, as n:l:ord,d in Pl.t Book 5. Page 84, PALM BEACH COUNTY, fLORIDA. More particularly described at follows; commencillg ar tbe; Nortlkwest comer of th~ Eut300fc:tt ot 81otk"Bh; t1tellCC with a bearint 01 S J DoubleTlm.. JUN-3B-2ae4 a2:56 S61 276 3859 9?~ P.la2 r-!L..t... I~V.rvv VV/..JV V'-+ 1;;'<+<:: IU'IIUr\HIII:>,t..,.UrHK,QI\HKI'lt:T oS:30/.2ClO-! U:5J FAI S81 ;:76 JI>"lJ 1't:M\.JU:J(.'....r..\. rHi\;~0400,J04<5<5 I-'HGt 4/ 4 iSUUJ/UUJ .'., deJ:ree 37' 00" I:: for a di.stao(~ of 73.20 f'etf eo the point of bccJnninc. thence ElIst for II dist.llce of In.90 Illee to :a point; thence S 3 ctcgrcca 09' 23" W for a dinaDee ot 76.89 fftt to II pointo thence West for :l distance of 116.50 r".:l to ~ point; chenu Norcia 1 degree 37' 00" W for II di:ltllnc:c of 76.80 feer Rlorc or leu to tile Point of Be:inning; Parcel Tdentificatioll Number; 08.43.45.:11-22-006.0011 \. Grontor worrant5 th~t .t the time 01 this connyance., the subjec:t propcny is not the GC'antor'. llom~lead within the meuiDl 'tl forth in tbe (GalliCulion or lhe Iltlll. of Florida. nor is it cOlltlgUQII& to or II pan or homesteQd property. Together widl all die leneml.:nu. hcrr:diwnenu and "pplllTenanees thereto belollc;ill8 or in anywise appen.1nina. To Have and to Jloll!. the lOilft\C in fee simple forever. And the gram.or hereby covenants with said grantee that the grantor is lawfully seilod of said IMd in rc~ simllle; that the grantor hIlS good rightand lawful :nrtlr~ to setland convey said lanel; thallhe gTlIlltor hereby fully warrants the ride to said land and will defend dlc WIle against th~ lawful claims of all persons wbollUoc\ler; and that said land is free of all encumbrances. except tlIX1S llccruing subsequent to DecclIlbtr 31, ~003. In Witness Whereof. WlIIltor has !weunYO SC[ grantor's hand and seal the day and YCilt first above "nuen. ~(.~ Keitt! D. . m, Tru .. State of Florida County of Palm Btach nIl forcgoint inJ<~nl WM ac:knowledgld ~fOt. me thia; 21th d&yof JanlW')'. J004by Keith D. J(lmI .. TruStee orllle R.oda Land Trust dated November 22. 2000 who U is personally known or (X] has procl\lc;cd a drivc(s license as idmtificatio". [Notary Seal] _.&,..~.. T.). (llIbin Q)~~: ~ t.tlC~~' DDtlllG&l 0018 r: . . October 11, Z0ll6 Il1... IO>IllfC_'.aH6III~ lMt. ~ Notary Public: Printtd N.une; My Commiuion Expires: WQ,-.nO' D""J . r~ 2 DoubleTimee ~ JUN-J0-2004 ~ 1 1iJ2; 56 l n 5~1 276 3859 I I ~ rIll I 92% ~.03 .FILE No.SS8 06/23 '04 17:30 lD:MORAlTIS,COFAR,&KARNEY I=AX:95456354SS PAGE 2/ 4 MORAlTlS, COFAR & KARNEY ATTORNEYS AT LAW GAll.ERIA.PROFESSIONAI. BUilDING Suite :iOft 915 Mictdle River Drfve Fort LalJderdale. FL 333D4 Telephone (954) 583-41t13 FAX (1)64) 563.5913 S.ndlfFS E~;j~ Address jperet~mckl.w. com GEORGER. MORAITIS LAWRENCE J. COFAR Wll.LIAM M. ~NEY GI!OAGe fl. MORAITIS JR. JuAN J. P!I'tU June 23, 2004 City of Boynton Beach Planning and Zoning Division Depanment of Development Re: Opinion of Title for Plat of BoyotOD>-Delray Academy, IDe Tl>whom it may concern: 1 am a member of the Florida Bar (Bar Number (659843) and my office has examined the titlc to th~ property described in Exhibit "_"-" As of February 3, 2004.1 have the following opinion of title based upon an examination ofthe public records ot"Pahn Beach County Florida (all refetrmces are to the Official Records of Palm Beach County, Florida): 1_ Fee Simple Owner: Boynton-Delra.y Academy, Inc., a Florida not tor profit corporation. (Offtcial Records Book 16492 at page 03S0) 2. Mortgages Encumbering Property: Mortgage executec! by Delray-Boynton Academy, Inc., In favor of NeB DEVELOPMENT CORPORATION, In the original principal sum of $500,000.00, dated February 12,2004, and recorded February 24, 2004, in OfficiaJRecords Book 16580~ at Page 1633, of the Public Records of Palm Beach County. Florida; said Mortgage was re-recorded by that certain COlTective Mortgage on March 17,2004, in Official Records BOOK 1667&, Page l214, of the Public Records o-fBroward County, Florida. 3. Encumbrances; 1. Subject to Road Right of Way for Railroad A.venue as now set out and in WIC. 11. Subject to the Right of Way for Florida East Coast Railroad. Hi. Resnictions, reservations and ea.scmcnts, as reserved and sbown on that certain Pla.tMEEKS AND ANDREWS ADDtTIONTO BOYNTON ofSubdivi,ion. recotded in Plat Book 5 at paie 84, ot'"tht: Public Records of Palm Beach County. Horida. FILE No. 568 06/23 . 04 17: 31 fD: MQRQ I TI S . COFAR . &K~NEY June 23, 2004 Page 2 lJP/jp ~~\J1'P\~"I"1 oj' ~Illt:. :)e.".ty tvud. FQX:95456354S8 PAGE 3.... .4 iv. Reservations in favor oftheTrostees of the lntemallmprovement Fund ot'the State of Florida, as contained in instrum~n[ recorded in Deed Book 698, Page 311. NOTE:- Right of surface entry and exploration has been released pursuant to F .S. 270.11 (2). Ahurneys' Title Insurance Fund, Inc. COMMITMENT FORM Schedule A Commitment No.: CF-7062178 Effective Date: November 13, 2003 @ 11 :00 PM Agent's File Reference: 03-601K The coverages provided by the Closing-Protection Letter printed on the inside cover of this commitment are extended to the proposed insured(s) identified below. 1. Policy or Policies to be issued: Proposed Amount ofInsurance: OWNER'S: ALTA Owner's Policy (10/17/92). (If other, specifY.) $225,000.00 Proposed Insured: Delray-Boynton Academy, Inc. MORTGAGEE: ALTA Loan Policy (10/17/92). (Ifother, specifY.) $ Proposed Insured: 2. The estate or interest in the land described or referred to in this commitment is a fee simple (if other, specify same) and title thereto is at the effective date hereof vested in: Keith D. Kern, as Trustee(s) of the Roda Land Trust 3. The land referred to in this commitment is described as follows: PARCEL "1" LOT 2 LESS FEC RAILWAY RIGHT OF WAY AND LOTS 3 AND 4 ALL LESS SOUTH 10 FOOT ROAD RIGHT OF WAY, BLOCK 1, E. ROBERTS ADDITION TO BOYNTON, AS RECORDED IN PLAT BOOK 1, PAGE 123, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. and PARCEL "2" The East 300 feet of Block "B", less the right-of-way of the FEC Railway, MEEKS AND ANDREWS ADDITION TO BOYNTON, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 5, Page 84, public records, said lands situate, lying, and being in Palm Beach County, Florida. LESS AND EXCEPT Agent No.: 6815 Issuing Agent: Perry & Kern, P.A. 50 S.E. 4th Avenue Delray Beach, FL 33483 Form CF-SCH. A (rev. 8198) DoubleTlme@ .~ Ahorneys' Title Insurance Fund, Inc. COMMITMENT FORM Schedule A (Continued) Commitment No.: CF-7062178 Agent's File Reference: 03-601K Parcel "A", a portion of the East 300 feet of Block "B", less the right-of-way of the FEC Railway, MEEKS AND ANDREWS ADDITION TO BOYNTON, as recorded in Plat Book 5, Page 84, PALM BEACH COUNTY, FLORIDA. More particularly described as follows: Beginning at the Northwest corner of the East 300 feet of Block "B"; thence with a bearing of East for a distance of 129.0 feet to a point; thence S 3 degrees 09' 23" E for a distance of 73.28 feet to a point; thence West for a distance of 122.90 feet to a point; thence N 1 degree 37' 00" W for a distance of 73.20 feet more or less to the POINT OF BEGINNING. Containing 9216 square feet more or less. Together with: Parcel "C", a portion of the East 300 feet of Block "B", less the right-of-way of the FEC Railway, MEEKS AND ANDREWS ADDITION TO BOYNTON, as recorded in Plat Book 5, Page 84, PALM BEACH COUNTY, FLORIDA. More particularly described as follows; commencing at the Northwest comer of the East 300 feet of Block liB"; thence with a bearing of S 1 degree 37' 00" E for a distance of73.20 feet to the point of beginning; thence East for a distance of 122.90 feet to a point; thence S 3 degrees 09' 23" W for a distance of76.89 feet to a point; thence West for a distance of 116.50 feet to a point; thence North 1 degree 37' 00" W for a distance of 76.80 feet more or less to the Point of Beginning; Form CF-SCH. A (Continued) (rev. 8/98) Doub/aT/mal!> /"'" Auorneys' Title Insurance Fund, Inc. COMMITMENT FORM Schedule B-1 Commitment No.: CF-7062178 Agent's File Reference: 03-601K J. The following are the requirements to be complied with: 1. Payment of the full consideration to, or for the account of, the grantors or mortgagors. 2. Instruments creating the estate or interest to be insured which must be executed, delivered and filed for record: A. Warranty Deed from Keith D. Kern, as Trustee(s) of the Roda Land Trust, to Delray-Boynton Academy, Inc. 3. Affidavit to be executed by Keith D. Kern, Esq. as Trustee(s) of the Roda Land Trust stating: 1) There are no matters pending against the affiant that could give rise to a lien that would attach to the property between 13 November 2003 and the recording of the interest to be insured. 2) That the aftiant(s) have not and will not execute any instruments that would adversely affect the interest to be insured. 4. Closing funds are to be disbursed by or at the direction of the agent of The Fund identified at the bottom of Schedule A. 5. A search commencing with the effective date of the commitment will be performed at or shortly prior to the closing of this transaction. If this search reveals a title defect or other objectionable matters, an endorsement will be issued requiring that this defect or objection be cleared on or before closing. 6. Agent is to record the insured instruments as soon as possible after closing. 7. Proof of payment of taxes for the year 2003 must be furnished, and any tax certificates issued with respect thereto must be canceled by the clerk of court. 8. Satisfactory evidence must be furnished establishing that Delray-Boynton Academy, Inc. is duly organized, validly existing, and in good standing under the laws of the state of Florida. 9. Recording of affidavit from trustee or attorney for the trust referring to the instruments recorded in O.R. Book 12 I 63, Page 1090 and O.R. Book 12228, Page 365, both of the Public Records of Palm Beach County, Florida, and stating (1) legal description of the trust property, (2) affirmation that the trust has been in full force and effect during the period of ownership of the real property to be insured. Form C-SCH. B-1 (rev. 5/94)) DoubleTlme@ ..- I. Attorneys' Title Insurance Fund, Inc. COMMITMENT FORM , Schedule B-II Commitment No.: CF-7062178 Agent's File Reference: 03-60IK II. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of The Underwriter: . 4efects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or ~ttaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this commitment. .4 Any owner and mortgagee policies issued pursuant hereto will contain under Schedule B the standard exceptions set ~ W forth at the inside cover hereof unless an affidavit of possession and a satisfactory current survey are submitted, an inspection of the premises is made, it is determined the current year's taxes or special assessments have been paid, and it is determined there is nothing of record which would give rise to construction liens which could take priority over the interest(s) insured hereunder (where the liens would otheIWise take priority, submission of waivers is necessary). 3. Any owner policy issued pursuant hereto will contain under Schedule B the following exception: Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the -lands insured hereunder, including submerged. filled and artificially exposed lands, and lands accreted to such lands. 4. The lien of all taxes for the year 2004 and thereafter, which are not yet due and payable. ~ Any lien provided by County Ordinance or by Ch. 159, F.S., in favor of any city, town, village or port authority, for /J)f t-unpaid service charges for services by any water systems, sewer systems or gas systems serving the land described herein; and any lien for waste fees in favor of any county or municipality. (parcels 1 and 2). 6. All matters contained on the Plat of Subdivision, as recorded in Plat Book 5, Page 84, of the Public Records of Palm Beach County. (Parcels 1 and 2). 7. Subject to the Right-Of-Way for FEC Railway. (Parcels 1 and 2). 8. Subject to the Right-Of-Way Railroad Avenue as now set out and in use. (parcels I and 2). 9. Subject to the Right-Of-Way for State Road No.5 (U.S. Highway No.1). (Parcell). 10. Reservations in favor of the Trustees of the Internal Improvement Fund of the State of Florida, as contained in instrument recorded in Deed Book 698, Page 311. NOTE: Right of surface entry and exploration has been released pursuant to F.S. 270.11 (2). (Parcel 2). 11. Encroaclunents, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate surveyor inspection of the premises; alternatively, if a survey meeting the requirements of Sec. 627.7842 (1) (a) is presented, then only those encroachments, overlaps, boundary line disputes, and other matters which are actually shown on the survey presented to and relied upon by The Fund in the issuance of this policy. (Parcels 1 and 2). Property Identification Number: (Parcels 1 and 2) 08-43-45-21-27-001-0021. Taxes for the year 2003 have been paid in the amount of$767.64 on 18 November 2003. Gross amount: $799.62. Form C-SCH. B-1! (rev. 5/94) DoubleTlme~ The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 February 2, 2004 www.boynton-beach.org Mr. Marty Madura 1911 NW 15 Street Pompano Beach, FL 33069 Re: For: File No. Location: Dear Mr. Madura: Abandonment Boynton Delray Academy ABAN 03-012 NW Corner of Martin Luther King Blvd. and Railroad Avenue Enclosed is the City of Boynton Beach Development Order for application item ABAN 03-012, which represents approval of a request for abandonment of a segment of a five (5)-foot east/west alley (right- of-way) extending from Railroad Avenue. The City Commission approved this abandonment on January 20, 2004. Please note the subject ordinance will be held from recording until the Conditions of Approval are satisfied. Those conditions include providing an easement document acceptable to the City, and a title opinion confirming public status. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742- 6260. Sincerely, Michael W. Rumpf Director of Planning & Zoning MWR:ad Attachment: Development Order Conditions of Approval S:\Planning\SHARED\WP\PROJEcrS\Boynton Delray Academy\ABAN\ABAN 03-012 Approval form letter after CC new- Abandonment.doc EXHIBIT "e" Conditions of Approval Project name: Boynton Delray Academy File number: ABAN 03-012 Application received October 15.2003. I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. Approval of this abandonment request is contingent upon the approval of X Bellsouth and the Florida Public Utilities Company. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. Obtain a title opinion (ownership and encumbrance report) from a title X company that reflects public ownership. PRIVATE UTILITIES Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 3. None ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determined. S:IPlanningISHAREDI WPIPROJ ECTSIBoynton Delray AcademylABANICOA.doc X X The' City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org February 11, 2004 Mr. Marty Madura 1911 NW 15th Street Pompano Beach, FL 33069 RE: For: File No.: Location: New Site Plan Approval/Conditional Use Boynton Delray Academy COUS 03-008 NW Comer of Martin Luther King Blvd. and Railroad Avenue Dear Mr. Madura: Enclosed is the Development Order granted by the City Commission on January 20, 2004, for site plan/conditional use approval of a primary/secondary Charter School and related site improvements. Please note the additional City Commission comments allowing for further design review if necessary, at the permit stage. This approval is valid for one year from the date of final approval. In order to maintain vested status, a building permit must be secured or an extension granted within one year of final site plan approval. To continue this project through the development process, please revise relevant pages of your approved site plan to incorporate all conditions of approval as applicable. A copy of the Development Order, including these conditions, must accompany the submission of the fully amended site plan set. The person managing your permit applications should be made aware of any additional documents and third party letters listed in the conditions of approval that need to be submitted with your permit package. The Building Division is committed to speedy and efficient completion of the building permit process for your project. However, please note that failure to meet all applicable Development Order conditions in the submitted plan set may produce unnecessary delays in permit issuance. A thorough review will be conducted by the Plan Review Analyst and if the necessary documentation is not attached and/or the plans are not amended to reflect all of the approval conditions, the plans will be returned to the applicant for correction and re-submittal before the permit is further processed. Feel free to contact any TRC member for additional clarification of comments. ImDortant: If you plan to introduce any changes to your approved site plan beyond those required by conditions of approval, please contact our staff for a review before submitting a permit package to the Building Division. A copy of the complete Development Order and Amended Site Plans reflecting the "Conditions of Approval" must be submitted to the Building Department along with the first permit request to avoid any delays in the processing of your permit. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, ~r)~ Michael W. Rumpf Director of Planning & Zoning S:\Planning\SHARED\WP\PROJECTS\Boynton DeIray Academy\Site Plan conditional use approval letter after CC - new.rtf PROJECT NAME: Boynton Delray Academy 'be-v 1:>'2- S Lt'c.. DEVELOPMEt^~ ORDER OF THE CITY COMMISS'- ~ OF THE cn . OF BOYNTON BEACH, FLORIDA APPLICANT'S AGENT: Mr. Marty Madura with Advanced Modular Structures, Incorporated 1911 Northwest 15th Street Pompano Beach, FL 33069 AGENT'S ADDRESS: DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 20,2004 TYPE OF RELIEF SOUGHT: Request conditional use / new site plan approval to construct a 8,640 square foot modular building for a charter school a 0.87 -acre lot in the R-2 zoning district LOCATION OF PROPERTY: The northwest corner of Martin Luther King Jr., Boulevard and Railroad Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO 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 Community Redevelopment Agency Board, which Board found as follows: OR X 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 the requirements of the City's Land Development Regulations. 2. The Applicant V" HAS HAS NOT ith D r ~ & ~ D W ~ mill ~23]04 ~ DEPARTMENT OF' OEV established by substantial competent evidence a basis for the rei .. ELOPMENl 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 ~GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Cleric 6. All further development on the property shall be made in accordance with the and conditions of this order. DATED: 7. Other S:\Planning\SHARED\ WP\PROJECTS\Boynton Delray Academy\COUS\DO.doc I . I "I. I . ---,......... -.... r'J 11- r I . J ... , , 12TI-f A VI; 1 In. = 125.0 feet 7 J "- I J ~ - J -R'" .... , ~. I~ IJ C4 : " 'I- ,,, ... ,,,. : 2 .---- C2 ~ I I l Nt:' 10TI-f AVI= ~ M I j \.. I. I -. , 1 ( l lH ~ ~ C2 3 ,"1" i j ~ L - - ~ J J " . , r I I J I ~ J i faf 2 fc L J ~ r I J N I; QT. AVI= I I- f I I I I J ~ ~ = J J j J j .~ 1 . J I 1 ~ ~ J I ~ I ' I ..... r'LOCATION MAP'" '. . - BOYNTON beLRA Y ACADEMY 1m' "Ul' 9'" ' nlf. 'Iir" 'tU' ~~f U,"I . H, m~ t.C' I NUl Ufi If'R> 'fo I.' f~ r Ii r -D . i- ~i ~ ~I ~i ~ ~ ~ ~~I 8~ ~~l ~~~ f~. 3~~ ~a a a ~ ~l~ ~~ 11;1 Iii- !fl! !il. Ifi~ !,(' "jl ~J~! I- i~ ~(Jf ~J~~ ~, f ~~f! ~=jf ~i~.! i~!: ~=J~ i~l~ ~-~ ~g>J -i:f !i:Q ~g>l S f CD.~ i'~ - .... _ jE: r. l!! ~ ~ - gi ~- 3 IX - ...., . _~ '< . I\)~ s- ~ I\) ~ 5: p . ..'i'i'i' y? !9 N-- _... ,. J ~ Q nlIIJ~1 J z a~ @ I: &~i~~~ ; ~ ~j ~i EXHIBIT RBR t.. vi'- o ... 1. ... .; "< .t .1 ~ m o '< :s fill o :s wc. { ~ CD ,~ ~ ... H~ ~ DJ i I '< &!J=- n I>> a. CD a '< I J .. i I I , ..-. Ii 1. t IiI ~ U 1.[ ~ ki!l~ h r'f' ~ ,.11 ~ .,". :3 n 'f ~ I ~ I . · U e ~. {"..,' EX,H IBIT "S" .' ... .... " . i . f ~ i , 1 .{ j I I .. ~ ~ori. ~ f . 1II.OCI<"8". -?i S\lI':l7'23"r 73.20' . r ~- ~'3ioO~ 7S.80' ~ ~ f';';;:;-7J.~ ;0.: I / i .,. I .~ ~.. '~:l' I I: - I I i N I! ~ i ! ~ti!/~ Ii !'!S~JI'm f f j ~f i i a , ~!l P. !~II} ~ . e ~ ~ ; I l f ,"'Iil' ~ f .. ..; !" f : I '< ~f If 0/ ~J ; hi I If.; I I~' .. . ~ lit ..-....~-~.- ........ ....... ~ , . ~ ~ f l i j .." &~ ill -~ i' " ~ ..i:ronn 1511.11' (D) .. 00 S03'lJt'2J"w 78.e0' ~4 1I03"or2n' S03'lJt.2J"w 73.2.,. lso.IT (p) .. lso.I.. (II) ~.. .* i f' t. s~ -. ---=-------- , ~ m ~ ;;~ " llO ..~~ ji .. '''- f 6 - -.... ~ i!!.. ~ ~ ~~ .::t .w _C,.t ,~: f Ii ~ " I ~ z: o[fil .::l . (l; , IEIIAINDal 1.DT2 s:.~1 ~:... ----~ -- V,} ~ ..., v,. ;::1 . ~ i : -~-=-'- -="'?-~c~~...':Z$"~~~~~_ I --~--=-~. --=-"-,.:...,~ I ~ -:-.::....----:7-~==.~~~_::_;:=~- ~~g~~ i~~~~~~~~~; ~ ~ ~~E~;i~~~~ 5 ~~i;8~~ f ~a+~~ ~~~~~~g~ig~ ~ i ;'a~JisN~~ ~ ;~~filii~ g ~fil~. -"'I~~~h:sia.~. 3E u; J:i:':"-i::-..~a";l". ... ?~_ a." t; ~:~;% IE~~~~~~~~. ~ i ~~oo~;~g~~ e jea~o~~ ~ ~~~~~ g~ll~~.~~Ji - O~~.A~~~Ji - ~~!i~~~ ~ ~~I~: ;ig~~~i'~~i I i;jll!li~~ :~~~~~. ~~~~~ g~~g~~lli~~~ ~ f~;i~~I~:~ ~~gli& 9ESiil...::I >> ..... ~il: ~ fil~~~ .. ~ii: ....i~ i~!g. i~jjjij~_~~ ~ 1~~Elllljg i~~il~ ~S~~~ ~~~~ ~=i~~~ a l'i!:fil~E~& ~ii~~i i~Jsa :3R~b~l-<i~e i I.a~:-<~~E . .1!lE!~ ~A' i~ f~~~~~~ i~q i ~i.;~R~~ ~fil@~o~ .. ~ I.i~~.:! J"~l'1 .. ~~.fl I~l "';:d~~ ~I~~ ;.~i~~~~t~ ~ ~ij~~~~i!~ =!i:gi i~~i+ ~~i.Uia::i~' j:lit~~3~::r~ 2 ~ii: ~ '"' "'z ~ " ll! !:l"lil lil!;" '" ~?< ~$;l fillil'''E E JE!Il ~ RI'I-n l.t-fli .ti eI 11 -I .~ 'r . i I,i II~ Ii II i Ii "Ii Ii I~ B ~ II 1'15 11:J-lnH , '1lafi Iff! II~I!"UI lj I :'1 II! dill. III rJ I'i I I~ I ~i'l I lit r ! ,< iih'll! I · I -.llh I h i I II. RlII h~ I' IS . ~ -[- ~II :' I I~ ,..... ! ...... i liBEl If ~iSf.'~~qs$~~ I ~. I. I = ~;a . . ~ i .. '. ! , l b:I c ~ ~ ~ ~ CI) ~ ~ ~ 'j I I. I I ,I ~I I ] !; I ~ r. & / . J ~ I ~. II! J!! ~ ~ i ~ m ~ ........... EXHIBIT-"a- . , j J I I i I I . I I I , Ii ,I: I ; III i : lUll I I I 'j i II j .,,11 I Ind!l ~ ~ I ' ~HI '1 I I I I I ., - , OJ Iii -..: .-. i lliii,' if 'i. , c f ~ ~ . . '< ~ m ~ EXHIBIT "B" . '" "'r'Q~liI5, 11'1I::JI'fllll I~I JI', I ,~. i~ I , i ~ III ,I ~ I '" 'J i II I . _ m ~, ( F.E-c. ~ i f ~ ~ ~ i j ? 1 I l~f ~ i j t ~ 5 If! ~( I ~ I L . ~l~ fJ!t · l' J U~! . - I.. \ ~ if IJ i ~ . ! .. J ll. . '. .... frs, 'fU(11 . h fro f I . I f J · II" .. .."11 i "'JIt ...."'~t"" ~ i!~3~f!f ~ ~~"12n..< '^ 1 .. ~~ ~.. - ~<<i1 f;:: & filiii1! l'a-"'i\oiI if"lflt~t 1"q5~l'l>'i . 'jlO~iI"i =' 2.... , ... f3;. i :::U~ .. I.".~ ~ ; j !~ a ~.z .. (.'l I J;; ;:;: ,,3 '< co It f .;: .> ... .. ..~ " H'" tU"UI 1 .... "C....Ii"C~ ,."" ~U%~;'" ........ ,.~~........ ~/l~/l """""". -~-- 1;1;1;111;. J',~ QQQ~Qa J I ,. ; I --.-.---------- ,,;,~L. -- S ~ Ii .r In ;~ i 'ii . 1j ~ . . is; I.. I.CP'1 I ......S Riff; II j l 8 ~. i- , . I '-~~~ ? ~ ~ g '''''- EXHIBIT -B.' . ~~ .~ :a "':~ tt1 - .0 ~ ::t. g r I if Jl ~f ~1 I ! J .... i 'Uf UI '" III iff I'I ..... . ...! 11I:1: I .R -.... I BUILDING ELEY A noNS qllAllllEll ~ & l I DELRAY BOYNTON ACADEMY loIIllI .... . ZOlIIII . IlIMIMI4ll111 lad ,...... lid ...... ~ ...... LIlt_ KlngBouleftrcl ---.-.- - ~ _ 333lI4 ..,.... ....... ...... -....... I i . i i , , I I , , I , I , , , I I f ~ I I I "1 I, . , I I I I , I , I I, , I -1 ~~ " tI ~ f I = ~ ~ I~I i ; l! 0\ j~: .; t'l ~ i , I I' i I r~ i u I:~ i I I ,. I.' 1 I _~l':1 : -: - I : t'll ' ~ : I ' i !-i f I ~ " I , I I I , I "~- : ... tI : ... I \ ill I I I I .. I I I I I ~ ~ ~ I , i I I I i i . I i I , I i i I I' I I I I j , , I I I I i I , I I I , ~ ~ I. t.-,! I" , " II ..r ! I ! i I I , , ' ! : I I I I I I , I I I I I I I : ! I I I I I I ~ i I I I, I I I, I I I I I I I, , I I I I I .1 I I I , f , 1 I , I I I I I. I"'; I. I I I I I I I I I I I I I I " I I II I I. I I r I I I , 1 I, II " I I , I I I I I n I i I I I i I I , - u:..c.: ... .J I j i , i I , I I i I I I I I I I I L-i -+----f--;~ I i f' I I I \ . I I ' , ! , I I ~ ~ I' , , , I , I I I I I I I I I I I I I I I I I I , I I I I I I I I , I I I '_.1 r, I I I I I 1 I I I I I . I ,.- I . I I I I , , i", Ii I I " I I , I n i , I I , , , , I I , , -~-r... " If , I , j ---:--~- ---.-----~:_---, +- I~ Ii ~ j , I I , , I I , I I I' I' ::.~~ ~ :: ! ~ :: t'l j' " (l , i" ........ ......... .....,- , , i i i I , - I j , , , I I I I i i , , I , i I ~ 2 .;! c' N B! I [ ~ :. , i I I I I I I I, ", , I I, , , 'I " I I , I '. " . , I, , , 1 i I, II , I " II' I -' FLOOR PLANS DELRA. Y BOYNTON ACADEMY Martin uther KInG Boldev.rd ;"-00- ----~--1 J ':'EXHtSlT"S~ I :) ... o. .. ~ ...., I I -IS .t..... I~ .. .l; ~ ~ : " " , I I, I I I, I I I, 'I : : e ~ I I I I, I I I I i~ . ~ " I II I, I $ r " "l I , I :~ I .. I tl I ::j j ~ ~ ~ ~ .. I fi~ . ~ " ~ I ~ ,: f ~ ~ ~ ". ~ JI I. ;i If. ''1'1 I! If.' iI ~ I 1 ,II IU If(j] I .'flmJ 'IB I I I I III! ------~------ I I II . 'II , 1'11&> n ., II.. 11'1 , I = _ ".r.c. ~ ~ I I.' :s tl t5~ I . ~~ I : I I ~(IJ '" r .1 ~I , ~ !IIII' II I 'f . .\. .~ III dill. I il III' ; II!!I - __ '~Itl II I r I I o. bl ,I:, II ~~~ I II ~ I l I ~ J ~ i 1; ~ .111 ., 111I I I II . ~II l,dl'- I Ihll Inl I ~ .... EXHIBIT N8N --' Iff . , i I I, , " II I f I" , f II.. I I I I I el:l I 1&, . I " t I I I f I ~ I I . . . I I . . ---,----- r----------- , I , I I I I I , Lli f r,a.. I 11 !. I I , I I : , ! I I I I I f i i i : I : I 1111 , I , IIB._ 8 EXHIBIT "C" Conditions of Approval Project name: Boynton Delray Academy File number: caus 03-008 Reference: 2nd review plans identified as a Conditional Use with a November 18. 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. Provide a traffic analysis and notice of concurrency (Traffic Performance X Standards Review) from Palm Beach County Traffic EllIrineering. 2. Provide additional right-of-way along the east property line so that the X sidewalk is within the public right-of-wav. 3. Provide appropriate signing at the intersections of NE II th A ve./Railroad X Ave. and MLK Blvd./Railroad Ave. designating this a one-way southbound roadway. 4. Provide additional right-of-way along the north property line and widen the X roadway to a minimum paved width of 24 feet and place the sidewalk within the public right-of-way in accordance with Standard Detail P-1. ENGINEERING DIVISION Comments: 5. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 6. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 7. Sidewalks adjacent to parking lots shall be continuous through all driveways X and shall be six (6) inches thick within driveways (LDR, Chapter 23, Article - ., n, SectionP). 8. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of permitting. 9. All engineering construction details shall be in accordance with the applicable X City of Bovnton Beach Standard Drawings and the "Emrineering Desim COA 01/22/04 2 DEPARTMENTS INCLUDE REJECT Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 10. Palm Beach County Health Department permits may be required for the water X and sewer systems serving this project (CODE, Section 26-12). A building permit for this project shall not be issued until this Department has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 11. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is JU'eater (CODE, Section 26-l6(b)). 12. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs frrst. This fee will be detennined based upon final meter size, or expected demand. 13. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X water. As other sources are readily available City water shall not be allowed for irrigation. 14. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. 15. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 16. The LDR, Chapter 3, Article IV, Section 3.0 requires Master Plans to show X all utilities on or adjacent to the tract. The plan must therefore show the point of service for water and sewer, and the proposed off-site utilities construction needed in order to service this project. 17. The LDR, Chapter 3, Article IV, Section 3.P requires a statement be included X that (all other) utilities are available and will be provided by the appropriate aJ!;encies. This statement is lacking on the submitted plans. COA 01/22/04 3 DEPARTMENTS INCLUDE REJECT 18. PVC material not permitted on the City's water system. All lines shall be X DIP. 19. Appropriate backflow preventer(s) will be required on the domestic water X service to the building, and the ftre sprinkler line if there is one, in accordance with the CODE, Section 26-207. 20. Water service to the site will not be allowed from the existing 20-inch water X main in Railroad A venue. Service shall be via the existing 6-inch water main located on the south side of Martin Luther Kinl1: Boulevard. 21. All utility construction details shall be in accordance with the Utilities X Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they Will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 22. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. Sheet E-1 - Light poles shall also be designed for compliance with wind load requirement of 200 1 FBC, Section 1606. 23. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. Indicate water source on the plan. 24. A water-use permit for the inigation system is required from the SFWMD. A X copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 25. At time of permit review, provide a completed and executed CBB Unity of X Title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with lel1:al descriptions, of each property that } COA 01/22/04 4 DEPARTMENTS INCLUDE REJECT is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 26. This is a manufactured building. Submit copies of plans that have been X approved by a State certified third party plan review and inspection agency per 2001 FBC, Section 428 and F.A.C., Rule 9B-1. 27. Submit setup/tie-down details to ensure the manufactured building complies X with the wind load requirements of 200 1 FBC, Section 1606. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST I Comments: None X PLANNING AND ZONING Comments: 28. Approval of this project is contingent upon the approval of the accompanying X request for the abandonment (ABAN 03-012). 29. Staff recommends that a period of one (1) year be allowed to obtain a X building permit for this project. 30. For the Martin Luther King, Jr. Corridor, the Heart of Boynton Master Plan & X Schematic Designs recommends specific uses, building massing, and architectural design guidelines. In particular, it reconnnends a "Floribbean" architectural style. Therefore, staff recommends incorporating more "Floribbean" desilm. elements into the architecture of the building. 31. If approved, a Unity of Title would be required prior to the issuance of a X building permit. 32. Provide an itemized list of the areas (expressed in square feet) of each use of X the classroom, office, bathrooms in either the site plan (sheet SP-I) tabular data or on the floor plan (FP-l), .. 33. A traffic impact statement for the proposed use must be approved by the Palm X Beach County Traffic Division prior to the issuance of a building permit (Chapter 4. Section 8.F.). 34. All signage is subject to review and approval of the Community X Redevelopment Agency and City Commission (Chapter 4, Section 7.D.). COA 01/22/04 5 DEPARTMENTS INCLUDE REJECT Since no signs are proposed at this time, all future signage would require a major site plan modification. The cumulative area for all wall signs shall be in compliance with Chapter 21, Article IV, Section 2.B. 35. The signature trees (yellow tabebuia) shall have a minimum of eight (8) feet X of clear trunk to preserve the clear siJilit area. 36. Staff recommends that the exterior finish of the dumpster enclosure match X that of the required buffer wall and that the proposed color match the color of either the buffer wall or the main building. 37. Staff recommends that a row of 24-inch tall hedges be installed along the base X of the proposed buffer wall (on its east side). The developer may choose the species provided that the 50% native species limitation is maintained throughout the project. 38. Provide a detail of the six (6) -foot high buffer walls. Staff recommends that X at the time of permitting, the applicant would be required to submit a detail of the wall. Its appearance would be subject to review and approval of the Planning & Zoning Division. Provide a decorative end-cap to six (6) foot wall terminus at entrance off of Northeast 11 th A venue, such as a pillar or column with a decorative top-cap. Also, staff recommends that the color of the wall be the same or compatible with the dumpster enclosure and / or the proposed building. In any case, the wall must be setback at least two (2) feet from the property line (Chapter 2, Section 4.L.). ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments of December 9, 2003 CRA meetin~: 39. Tabled to January 12,2004 CRA meeting, staff to work with the applicant to X improve the project design, which includes building aesthetics (to properly reflect the gateway location to the MLK Corridor and Heart of Boynton Redevelopment Plan Design recommendations), and improve the vehicular stacking related to the student drop-off area, if possible, minimizing the impact on Railroad Avenue. 40. The applicant is to request that the School Board allow the City's CRA Board X the first right of refusal should the Charter School fail and the property ownership reverts to the School Board. If the CityCorrnnission approves the application as submitted, the Board requests the above referenced items be conditions of the City Commission's approval. COA 01/22/04 6 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments of January 13, 2004 CRA meetinu::: 41. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 42. Omit condition #30 and approve the project as amended by the revised X elevation drawings presented at the Public Hearing on 1/20/04 and dated/date stamped 1/20/04, subject to any comments from staff. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Boynton Delray Academy\COUS\COA.doc ,,",~'XH'BIT 0- '.' JJ :; . I . i 1,.-- L -- ~ --.- ~ .A ~ $i> Q} rn p 0 1i!CJ)I\)- ".. ~_~~~3 "~ II i: Q.'Q. t) &JG> l SO'l\) m if;u !B.W c i~~'" fJ i? !rQ! 5" ~. ~-< 'il,., 2"!lfi"W i'f nIB IhI ,ii if. !.if fl ~iiiA~ ~:J !lid .c&>'ia:~ii! li~K~lfi~S!lj; I~fti;-<~ di~!J~QoI~il if~ hl:fi~:;~o"i~if~H" iil:!!l: g l!! "" i- :r 31 Sf CJ) ~ -r f Ii iIi ;;r " Y 'liri r"f~ ~ =. ~ i ~ 11 ~z[ ~~ i dll~i!i!Jll;a' J~if!lf Co- ...1 T i' Q;. -t> I ~ II 15.1 Qo fi ~~Ii!l ~ftfif~ ;~l~'l ~~;u'l.l!!,1-3 !!.iio~ ;30 ~~ !ll!~ . ~&I!~~fi ~~I' ii 2"~i!~~ . ~i iil! iiia:~~! It'! m-i .fitl~ ~ R;...::>il g i~ s.1I ill ~ i ;"9:1 s CD c S' (a) 3 8 0.11' 5" iii CD iii a:ll! K !l P -oK CO 9' -I I 8. i5. !-;;II f g. 8 '< ... 3 l!l. 01 CD l'8 is'!l CJ) ~ 01 0 IS Ii Q 0 ::> 8 l!l. 0 2 iii 3::> 5"!!l. 9- CD ..Ii f&....lf ~ I'"' lil OIl!!! 8""2 i~ ~ f . ~a ~~ 9'j'lIO lj. il 9- lS.~ I\) iii r;! ~r 0 g':: ill\) = II\) j ~ a-~ ::> ::>. _ CD Ii: Co ... 0 III t: "i _ 8" ~ itG 0 o OJ, 1 ::>0 if-g: Sl. 15. .. : iii !. l[ ~ .g::> 3 9' ~f;:;l~ ~r ~i l!! !i CoOl ~ ::> .. '2 a- &t<e g CD f CD a' i-o'~~ 8...: ir~ fiol'l g g go ~ i-3 1; <-if " '< ^ iii Ii c:;:::> 9' II ::> " 0 1Il~" g~ iil'1l Sl. 3. 3 Ii ~il ill! . go8.~!l!!! OJ (I) 38 fa tif3 :f8 CD Ie. CQ $I! CD <: . 5" t: = Kill ,,0 a:'" !!l. 11!. 9' II!. ii-li P- I il ~ ;;II" g. 05" <;: CD X jif Ill"l-~ : ~rc II ~~ ttl o ". im ~ -... '< """- ~ 6' ~ _ $D fIIIGHJ~. I ..r a: r- ~ c.. =-' m < a;. . m I .. 'G) .. I '< a= = ~ .. ." ir ::s ,:~ 4 (i) 4 m 0 · -...- A (J) ;tJ1}> G> is: m- CI)' fOOt;-> ~ a :TCA) -. en 2 0 ~g ;:u:g (J) tB ~ ~_.o .., " ::Jo< " ~f .to :T ~oz ~ m 1& J to 9.1. <<5 -.c 2 irg. ifJ "'Ig S: ~3- !! g.8 (Do. 0.' EXHIBIT D 0 CD )> r; II I co RoCi) CD ::r JIm- Q. (1),< ~~ a)> '< 3,< g. ;f g ,"' ~ -:::J ;:;: II II Ro c. f i C'I> CD am' :T ! - c: ~ m . ...... ~. . ~ . . f'liIiJ ~..~ ~ ... , " . ~. .\..i :; = .~ ~ .. rT1 ~. ~ j ~ -- E -t , ~ .. ~ ~(;' = :':~'!j;'/