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APPLICATION PROJECT NAME: The l:iarbors LOCATION: 2300 North Federal Highway PCN: I FILE NO.: ABAN 03-004 I TYPE OF APPLICATION: Abandonment AGENT/CONTACT PERSON: OWNER: Gregory Mire, P.S.M. PHONE: Keith & Associates, Inc. Consulting FAX: Engineers ADDRESS: PHONE: 954-788-3400 FAX: 954-788-3500 ADDRESS: 301 East Atlantic Blvd. Pompano Beach, FL 33060-6643 Date of submittaIlProiected meetinl!: dates: SUBMITTAL / RESUBMITTAL 5/19/03 1 ST REVIEW COMMENTS DUE: N/A PUBLIC NOTICE: ~ '?: / Z-0/ D .-z., TRC MEETING: N/A PROJECTED RESUBMITTAL DATE: N/A ACTUAL RESUBMITTAL DATE: N/A 2ND REVIEW COMMENTS DUE: N/A LAND DEVELOPMENT SIGNS POSTED N/A (SITE PLANS): PLANNING & DEVELOPMENT BOARD N/A MEETING: COMMUNITY REDEVELOPMENT 9/9/03 AGENCY BOARD CITY COMMISSION MEETING: 9/16/03 COMMENTS: S:\Planning\SHARED\WP\PROJECTS\Harbors, The\NWSP 02-012\ABAN 03-004\2003 PROJECT TRACKING INFO.doc .EC. ~-!T.F;:;!. consulting engineers 301 East Atlantic Boulevc.....J, Pompano Beach, Florida 33060-6643 Tel: 954,788,3400 Fax: 954,788,3500 August 5, 2003 Eric Johnson Planning and Zoning Division City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 RE: THE HARBORS, A pun (ABAN 03-004) PROJECT NO.: 02028.01 Dear Eric, We have completed the necessary fieldwork and prepared the enclosed Sketch of Survey for the easement abandonment. Please confirm that this item will be on the September 9th agenda so that I can make plans to be there. ~ S' cere~, Encl. Copies (2) of Sketch of Survey t' .EC. .E?~T.E?:.. consulting engineers 301 East Atlantic Boulevard, Pompano Beach, Florida 33060-6643 Tel: 954,788,3400 Fax: 954,788,3500 May 14, 2003 Micheal W, Rumpf, Director Planning and Zoning Division City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 RE: THE HARBORS, A pun PROJECT NO.: 02028.01 Dear Mr. Rumpf, We have submitted a Site Plan for this property, which was approved and a subdivision plat, currently under review by the city engineer. It became apparent that an existing utility easement in favor of the city was in conflict with the proposed build configuration, We are submitting this request to abandon the easement within the project and will be granting replacement easements by the plat being reviewed. We have spoken to Mr. Kelley about this matter and he suggested that we file this application. Please let me know if you have any questions or concerns. ,~. ~ ire, P,S,M, Enc!. Copies (2) of APPLICATION TO ABANDON/ VACATE Cc Dave Kelley, City engineer ~3 , ..1 Codes Accessed Via Website W\vw. boynton-be8.ch,org www.8.mJegal.conv.boynton_beach_fl.us Has applicant attended a pre'application meeting? Yes ,Date: 2/19/03 CITY OF BOYNTON BEACH APPLICATION TO ABANDON/VACATE PLANNING & ZONING DIVISION NOTE. This form must be filled out completely and accurately and must accompany all applications submitted to Planning and Zoning (Two (2) copies of application are required.) PROJECT NAME: "THE HARBORS" AGENT'S NAME. Greqory Mire, PSM Keith & Associates, Inc. 301 East Atlantic Boulevard AGENT'S ADDRESS: Pompano Beach, FL 33060 AGENT'S PHONE: (954) 788-3400 AGENT'S FAX: (954) 788-:1'i00 OWNER'S NAME: (or Trustee's) OWNER'S ADDRESS: Cpnt.px Hnmp~ 8198 Joo Road, Suite 200 Boynton Beach, FL 33437 OWNER'S PHONE: (561) 536-1000 OWNER'S FAX ('i61) 'i1h-lOhO PROJECT LOCATION: OR PCN NUMBER N.E. 22nd Avenue and North Federal Highw~y (nSl) (not legal description) CORRESPONDENCE ADDRESS' (if different than agent or owner) Gregory Mire, PSM Keith & Associates, Inc. 301 East Atlantic Boulevard Pompano Beach, FL 33060 . This is the address to which all agendas, letters and other materials will be forNarded. The undersigned, pursuant to Ordinance NO. 76,27 of the City of Boynton Beach, Florida, hereby applies to the City Commission to vacate/abandon, and discontinue the,(check one): ( ( ( ( ) ALLEY ) STREET ) SPECIAL PURPOSE EASEMENT ) OTHER NON-FEE INTEREST OF THE CITY x as described in attached Exhibit "A", and to renounce and disclaim any right of the City and the public in and to any land in connection therewith. Said application is to be filed with Planning and Zoning in duplicate and applications involving more than one of the above listed non fee interests shall be filed separately. Each application so filed shall be complete in every respect. Representative of the project must be present at all Technical Review Committee, Planning and Development Board or Community Redevelopment Agency and City Commission meetings held to review this project. The undersigned hereby certify: 1. That a complete and accurate legal description with the specific property interest sought to be vacated or abandoned, including where possible a plat map or drawing showing the general area and location involved, is set forth in Exhibit "A" attached hereto. 2. That the title or interest of the City and the public in and to the specific property interest described above was acquired and is evidenced by, (check one): ( ( ( x DEED DEDICATION PRESCRIPTION Recorded in Official Records Beach County, Florida. Book 2256 ,Page 1698 ,and Public Records of Palm 3. That no similar application has been considered by the City at any time within six (6) months of the date hereof, and should this application be granted, such abandonment and vacation will prevent no other property owners from access to and from their property and not other property owners in the vicinity will be adversely affected. 4. That the above described property interest is under the control and jurisdiction of the City Commission of the City of Boynton Beach, Florida; is not a part of any state or federal highway system; and was not acquired or dedicated for state or federal highway purposes 5. That the following constitutes a complete and accurate schedule of all owners and occupants bounding and abutting the property interest described above. 6 The list of names and addresses of the owners and occupants of abutting real property, addressed envelopes and 1,t class postage (stamps or payfor required postage). 2 NAME ADDRESS Not applicable - abandonment contained entirely within Applicant's property. 7 Venfication from each affected or potentially affected utility company that they have no interest in the vacation/abandonment, or, if they have present orfuture interest, proposed easement documents protecting their interests. (See attached Utility Company list) (ALL UTILITY COMPANY RESPONSES MUST BE INCLUDED WITH APPLICATION SUBMlnAL) 8 Obtain a survey of the street (or easement). 9. Obtain a title opinion (ownership and encumbrance report) rr-om a title company. 10. That the following grounds and reasons are submitted in support of this application: City of Boynton Beach has already approved site plan for a 51 townhome development and there is a conflict between the existing easement and proposed buildings. Applicant will re-route existing utilities and provide an easement by Plat. ADDRESS 301 East Atlantic Boulevard, Pompano Beach STATE OF FLORIDA COUNTY OF BROWARD The above named applicant(s) being first duly sworn by me the day and year above indicated, deposed and stated that _ he L...../is the applicant(s) in the foregoing Application to AbandonNacate; that they have read the same and that the BctS therein set forth are true and correct to the best oftheir knowledge. I My CommiSSion Expires: Updated 10/15/01 ~\'~"", KAREN D ERP t: "';t;,'lj'f:, MY COMMISSION' # CC 906705 ~~i~ EXPIRES: 1-;>"3, 2004 -.,:r,ff!.."ft.f.., BondedThnJ"!?WryPublicUnderwrllefS 3 EXHIBIT "A" ~ROPE?~Z DESCRIPTION ~~at portion of LOT 6 S~~ BR~Y Jr. IS EY:OLu~{O SUBDIVISION to the City of 3Gynton Beach, ~a~u Beach Ca~~ty, ~lo~ida, according to b~e Plat b~ex2of on file in ~~e office of the clerk of ~he Ci=cuit Court i~ and for PaL~ 3eacn County, Florida, in P~at Book 1, Page 81; less the right-ai-way fo~ state. Road 5 U.S. Highway No. 1) desc~ibed as follows: , A 15 foot STR~P OF LAND whose center line lS co~~encing at. a pai...TJ."C. on the. Nort...1-:l Prope.rty Line that i-? 2. ...dis~3..nce of 786.97 feet east of ~~e Florida Eas~ Coast Rai~way right-oi-way; said point also being L~e SE corner of LDt 12 L~S PAL~S' p_~X subdivision, Boynton Beach, Florida, according to ~~e plat ~~ereof on file L~ the Office of the Clerk or the ci~cuit Court in and for Palm Beach County, Plorida, recarded in Plat Book ~5J Page 242. Said 15 foot strip of land extends SOUG~ to the south property lh~e to a po~~t L~at is a dis~~~ce of 804_19 feet east of G~e Florida East Coast Railway Right-ox-way. Subject to exi5tL~g eas~ment or rigpt-of-way of record. '" '" ::fi ,.... "'" "'" ..., ~ 110 J' 30,; , ':;S ~.c: ~ ~u ~ U g:j -~ b~ ti: u ~ol' w"E_ ~ ""~ - 2: 01 ,<;- ~ g }1 ,~ ..~ ",\'II>lll!I;.i ,,-' t\\'''''' ~~~-~~~;:.... '"":" !~""...\oT AR -.:::.,.' \.... t:;d FL~RIOA ;\~~~..~&~>~:' '/ ... A.t... '" '1"'''lliUl,il'\ A~~plzffu{ ~'~'_w., ~ Ii. Ii I ! In consideration of the sum of ONE DOLLAR ($1.00) in hand i paid, the receipt of which is hereby acknowledged, the under- I signed owner(s) hereby grant and 'c~nvey to the CITY OF BOYNTON , BEACH,FLORIDA, its ~uccessors and assigns, an eaS2ffient in j and to the following described pr0perty for the purpose of I in~tallation and maintenance of public utilities thereon, with the express u~derstanding and condition ~at, should I. same ever be dis~ontinued or abandoned for the above purposes, title to same shall revert to and revest in the said owner{s) , I their heirs and assigns, I . U".~"'" -,; .-'0'.-...:1':'<:,'" .~_...~"...v..........-::"..,..,.....,: '"'~~~". <.~,~. ()-k ! ,'?-, L.--- ~" --!-.,,/o\ - -.t0ChU.,i...t~ ,.j 1878 EASEMENT GRA....'iT PROPERTY DESCRIPTION I ,I II i I That portion of LOT 6 SAM BRCMN Jr 4' s HYPOLUXO SUBDIVISION to the City of Boynton Beach, Palm Beach County, Florida', according to the Plat thereof on file in the office of the Clerk o~ the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 81; less the right-of-way for State. Road 5 ( U.s. Highway No.1) described as follows: . A 15 foot STRIP OF LAND whose center line is commencing at a point on the North Property Line that i.!!i a ~distance of 786.97 feet east of the Florida East Coast Railway right-of-waYi said point also being the SE corner of Lot 12 LAS PALMAS PARK subdivision, Boynton Beach, Florida. 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 25, Page 242. Said 15 foot strip of land extends south to the south property line to a point that is a distance of 804.19 feet east of the Florida East Coast Railway Right-oI-way_ Subject to existing easement or rigpt-of-way of record. DATED THI S 25th day of October ,A.D., 1973 ~ i:'i Signed, sealed and delivered in the presence of: (L.S,) (L.S.I i'YW.A . BA , '~flY\ ) I Witnes~ ~\' ~"'-~ Thomas Boffe .'~~ ^..ca~ Louise Do BOffey, ib' 'wit: (L.S.) ~~tness STATE OF Jr..(."'h../.~ ) , COUNTY OF .'7~ n~ I HEREBY CERTIFY that on this day before me, an officer duly authqrized to take acknowledgments, personally appeared~,,; ~! _ .. ~ ~<a.@jf~ rs n(s) described in and wh ex uted the fore- going instxument and acknowledged befo~ me that they executed "''5$..~e this ;l..;jA day of Li-L4~L:"A/ ,A.D.,l973 " '0<:-\ ~~.~ .-'I/..~ ~\;)~,/~ ..' ,,' // %9; d~~~~.t/ dn da. ..~ Notary l~c of State of Flor1da i\tc~\225fi rmlfi98 My Commission Expires~ Notary Public. Stale 0/ Fi~,ic!~ .:! le:ge My (ommil1J':;il ~~P;;CJ Sc;~L 26. H75 Io....d h ^"";.,n/"Ol <:.o..d, 'OJ y.. /: '. Ii I i , I I i ~ I = I ~ I ~ I I I % I "'" ~ ~ II t' ,I II II , I I ~o J' 30) , '<;'0 "'= G~ ~ro G" l' -= wc_ ~ ~~ -~ .... .;;:- ~" '" -~ - w c:i c;: {)5~ ,( ..t1 ".....';\.1"11; ~,.,:,"\~ VI" 'I ,::-....r:.:,.......~~....... "'> /?......,;.,OTAR :\~~,~j;:~~~~: '-! '", IU"I' " -" i 1 },(J J 4~-o ~(l<-fr-&" -.. - ...."..~':::~!... '-,,' '.""'.~- .~,.".~_. ~y--.--,..,..-,....,,~~-~~.. "~.-.' 1878 C+l('~! i- - c> --f.'i-Ja') "."r;:'Ci."'." , "-'"...~ ..'.......1..;'. ../ EA.S lliE}i~ GR..ANT In consideration of the sum of ONE DOL~.R ($l.QO) in hand paid, th~ receipt of which is her=bv acknowledged, the under- ~igned owner (9) here=by grant and 'c~;vey to the CITY OF B~ON BEAca, FLORIDA, its ~Uccessors and assigns, an eaS~ent in and to the following described property for ~e purpose of ins.talla tion and \Ilaintenance of public utilities thereon, with the express u~derstanding and condition that, should same ever be disqontinued or abandoned for the above purpos8S, title t'o same shall revert to and ,revest in the said owner (s), their heirs and assigns: PROPERTY DESCRIPTION That portion of LOT 6 SAM BROWN Jr. 's RYPOLUXO SUBDIVISION to the City of SQynton Beach, Palm Beach County, ~~orida, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1. Page 81i less the right~of-way for State. Road 5 ( U.s. Highway NO.1) desc=ibed as follows: . A 15 foot STRIP OF LAND whose center line is commencing at a point on the North Property Line that i~ a~distance of 786.97 feet east of the Florida East Coast Railway right-oi-waYi said point also being the SE corner of Lot 12 LAS PAh~S PARK subdivision, Boynton Beach, Florida, accordL~g 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 25, Page 242. Said 15 foot strip of land extends south to the south property line to a point that is a distance of 804.19 feet east of the Florida East Coast Railway R~ght-oL-way_ ~. DATED TIIT 5 25th Subject to existing easement or rigpt-of-way of record. October day of ,A.D., 1973 :'i i!i Signed, sealed and delivered in the presence of; (L,S, ) (L.S.I ~ '" '" GO ~4 Pu "~.(JfI I Witnes\j ,"",-V \ J ~~ ~~tness ) 80fre .-\;,~ ^..f~~<-/ Louise D. BOfrey, L6~.w~e (L,S.) STATE OF ..Jr---L'-t..<J~ ) COUNTY OF '7~_ /J~~ I HEREBY authqrized to CERTIFY that on this day before me, an officer duly take acknowledgments, personally appeared., .f/. c . -:7'/ ~ . . r~~?- n(s) descrlbed in and wh ex uted the fore- acknowledged before me that they executed day of c::Ld-/~A...-' ,A.D., 1973 //. >?Y '';~>><F//W~.n t4n da, .~ Notary ~l~c of State of Florida i\hi~225Ei FAGE1Ei98 My Commission Expires: Notary P"clic. St41~ al fl'lf;d, : I ld..q~ My Camml.lll':;, :;.(lIiiel Sc~t. 26. ii7~ ......... h "...,.... j"., c.......,::.. Thl3 InJtrumll.nt P"P8~d by: Thama,,^. C1ark, Rall.~tar~d Land Surveyor No. 2104, St~ta al Florldl . . . " . - .. . .' .- ,nt by: JetFax M920 954; 05/13/03 11 :26AM;}illlLL.1t1:;~;~age ...... COMMERCE TITLE COMPANY Commerce Tille companY' 6198 Jog Road Suite 101 Boynton attach, FL 33437 Phone; :561,536-11 so CERTIFICATE OF TITLE FOR PLATTING PURPOSES . Fax: 561.536-1160 To: Palm Beach County, Florida QE: Proposed plat of THE BARBORS Pursuant to Floridd Statute 1'17.041, this cQmpany haB s",arched the Public Records of Palm Beach County, Florida, through May 2, 2003, at 6:00 AM, and find the following to be the condition of titl~ for the herein described property as of said date: LEGAL DESCRIPTION See Attached Exhibit "p,:' APPARENT TITLE HOLDER(S) Centex Real Estate Corporat.i.on, a Nevada corporation, 013 per Special Warranty Deed recorded in D,R. Book 14676, page 186~. ENCUMBRANCES No Open MortgageB OTHER MATTERS AFFECTING TITLE 1, I~ems conLained on the plat of SAM BROWN JR.S HYPOLUXO SUBDIVISION recorded in plat Book 1, Page 81,4. 7. Eas",rnent .i.n favor of t.he City of Boynton Beach recorded in D.R, ~ock 2256, page 1698. j, Easement HI favor of Florida Public Utilities Company recorded in O.R. <look 38':i3, page 444. 4. Easenent j n favcH' of Flori da Power & Light Company recorded in O,R, BOOk 2483, page 836. 5. Assignment of PI'operty Rights and Agreements Aftecti ng Real Estate in tavor of Centcx Homes recorded in O.R. Book 14676, page 1867, nt by: JetFax M920 954; 05/13/03 l' :2tiAM;Je.ua&-.ffl":);r-dY~ ~I I~ Page 2 Plat Cert. 6. Sovereignty Submerged Lands Lease recorded in Q,R. 1~479, page 1704. TAXES The ad valorem taxes ~re paid through 2002. This report is prepared for information purposes only and liability hereunder is limited to the cost of this se~rch; and acceptance of this report sh~ll evidence agree~ent with the Company that this ~s not a commitment to insure title. IN WITNESS WBEREOF, Commerce Title Company has caused this certificate to be signed by an authorized signatory this l2ti day of May, 2003, TIT COHI?ANY " II I, S Y : M,M,.o Kevin ,Arruda, CLS, Title Operations Manager/Assistant Secretary EXHIBI'l' "Au Lot 6, and the West 326.01 feet of the South 67.29 feet of Lot 5, and the South 1.5 feet of the North 70 feet of the west 245.39 feet of Lot 5, LESS the West 94 feet for right-of-way of State Road No.5, of SAM BROWN JR.'S HYPOLUXO SUBDIVISION, as recorded in Plat Book 1, at Page 81, of the Public Records of Palm Beach County, Florida, TOGETHER WITH rights contained in Sovereignty Submerged Lands Lease from the Board of Trustees of the Internal Improvement Fund of the State of Florida in O.R. Book 14479, page 1704.