CORRESPONDENCE
From the office of
Planning & Zoning
FACSIMILE
CITY OF BOYNTON
BEACH
City Hall. West Wing
100 E. Boynton Beach Blvd.
B P.O. Box 310
oynton Beach, Florida 33425
(561) 742-6260
(561) 742-6259 Fax
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DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 04-158
TO:
Michael Rumpf, Director
Planning and Zoning Division
H, David Kelley, Jr., PEIPSM~
City Engineer
FROM:
DATE:
August 31, 2004
SUBJECT:
City Abandonment Petition
Boynton Seafood (ABAN 04-002)
20-Foot Alley between NE 9th & 10th Avenues
This memorandum is in response to your memorandum request dated August 26, 2004 on the above noted
subject The legal description delineated with the proposed application needs to be corrected as follows:
I) In the 5th paragraph, 2nd line, the distance of "130.19" needs to be corrected to read
131.19',
2) In the 6th paragraph, 2nd line, capitalize the "P" in the word Point, and capitalize the "B" in
the work Beginning. This is proper terminology in legal descriptions,
I refer you to our Memorandum #04-083 dated may 24, 2004 (copy attached); we identify that the alley
contains utility services, This requires that the abandonment be converted to a utility easement to support
the existing uses, Therefore, the legal description needs to be:
"SUBJECT to a utility easement over the legal description described above."
If you have any questions regarding this matter, please advise me at x6488,
HDK/ck
xc: Jeff Livergood, PE, Director
Laurinda Logan, PE, Sr, Engr.
Peter Mazzella, Deputy Utility Director
File
S:\Engineering\Kribs\Abandonment - Boynton Seafood, 20 ft. alley between NE 9th & 10th Ave,doc
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 04-083
TO:
FROM:
Maxime Ducoste-Amedee, Planner
Planning and Zoning Division
H. David Kelley, Jr" PElPSM''?-
City Engineer
DATE:
RE:
May 24, 2004
City Abandonment Petition No. 04-002 - 1 sl Review
Boynton Seafood
20-Foot Alley between NE 9th & 10th Avenues
This memorandum is in response to your memorandum request dated May 21, 2004 on the
above noted subject The legal description delineated within the proposed application is .
recapped as follows:
"A 20-foot alley right-of-way lying between Lots 19, 20, 21 and 22, in Block 3,
LAKE ADDITION TO BOYNTON BEACH, according to the plat thereof as
recorded in Plat Book 11, Page 71 of the Public Records of Palm Beach County,
Florida."
This alley currently contains utility services that will require a conversion to a utility easement of
the same width, that is a 20-foot utility easement Therefore, based on this conversion being a
replacement of the existing alley right-of-way, this Division aooroves the application to abandon
the public right-of-way as noted above. No structures shall be constructed or' landscaping
placed within the utility easement without the express written consent of all legal entities
occupying said easement
If you have any questions regarding this matter, please call me at ext 6488 or Laurinda Logan,
Senior Civil Engineer at eld. 6482,
HDK:jam
xc: Jeff Livergood, PE, Director of Public Works
Laurlnda Logan, PE, Sr. Engineer
Mike Rumpf, Dlr, of Planning & Zoning Division
Peter Mazzella, Deputy Utility Director
File
S:\EnglneeringlOlfloe Associates FllelKelleylO4-083 City Abandonment Pellllon - 1st Rev - Boynton Seafood.doc
DEPARTMENT OF DEVELOPMENT
Planning and Zoning Division
Memorandum
PZ 04-216
FROM:
DATE:
RE:
Mike Pawelczyk, Assistant City Attorney
Dave Kelly, Engineering .
Michael Rumpf, Director of Planning and ZOning~
August 26, 2004
Boynton Seafood Abandonment (ABAN 04-002)
Draft Utility Easement
TO:
Attached is a draft easement required as a condition of approval for the Boynton
Seafood abandonment, which advances to Second Reading on September 21, 2004.
This item was tabled after First Reading on August 17th to give the applicant time to
meet this condition of approval.
A draft Grant of Perpetual Easement is attached under corresponding cover facsimile,
which we are asking you to review for continued processing. Please review this
Jcument for acceptance and compliance with the above-described condition, and
inform me whether Second Reading should occur as scheduled.
Attachment: Fax
Draft Grant of Perpetual Easement
'lanningISHAREDlWP\PROJECTSIBoy~ton Seafood\boynto~ Seafood ABAN 04-002 perpetual easement.doc
S:IPLANNINGISHAREDIWPIPROJECTSIBOYNTON SEAFOODlBOYNTON SEAFOOD ABAN 04.002 PERPETUAL EASEMENT.DOC
08/23/2004 08:24 FAX 3057545428
STEVEN L JONES ESQ
1i!I001/004
.'
9999 NE t" Avenue, SuilB 216. Miami Shores, FL 33138
Tel. (305) 751.1851; Fax (305) 754-54.26
~.",all-Ion....lIvllIJmlnd.Drino,am
Steven L JOtlfC's. Esq
FAX
To; CITY OF BOYNTON BEACH - From: STEVEN L. JONES
PLANNING AND ZONING
ATTN: MAX
Fax: 1-561-742-6269 Pages: 4
Phone: Dele: OB/23/04
Re: BOYNTON SEAFOOD CC: CARTER LOGAN (305) 652.9835
[:J Urgent
[J For Review
[J Please Comment
X Please Reply
D Please Recyde
THIS WILL CONFIRM OlIT TELEPHONE CONVERSATION THIS DATE PERTAINING TO THE ALLEY-
ABANDONMENT TO BOYNTON SEAFOOD. TIllS WILL FURTHER CONFIRM THE REQUIRMENT OF A
GRANT OF EASEMENT IN CONSIDERATION FOR THE ABANDONMENT. YOU ADVISED ME THAT THIS
SHOULD BE EXECUTED AND RECORDED AND, ONCE THIS IS ACCOMPLISHeD, THE AllANOONMENT
WILL BE COMPLETED.
I HAve DRAFTED A GRANT OF PERPETUAL EASEMENT AND WHICH IS ENCLOSED, HOWEVER, AND
BEFORE HAVING THE CLIENT EXECUTE AND RECORD THE INSTRUMENT, I WANTED YOUR APPROVAL
OF THE FORM. THEREFORE, PLEASE REVIEW niE ENCLOSURE AND ADVISE ME THAT IT IS
ACCEPTABLE, OR WHAT CHANGES NEED TO BE MADE.
THANK YOU,
Tho inbmatioo COI1IlIined in 1110 _ile messago .. allomoy p!1vIIegod and con1ldonUaJ infQrmation Inlrlndad only lor Ihe U&e ~
lllelt1d\lkl<laJ or etltily namad above. If !he reacler r.llllls message Is nOlIlla Intencled rec;pen~ 1\lU 8re hereby nOOfied that any
dist!eminalion, dlslribulioo a ropy of 1I1is communication Is sbielly prohibittld. W you have ..._ th.. ccnvnuricebln ellOr,
please IrmledlaIBly notify us by "'ephone and re!um Ihe OI1glnal message to us at _ NE t" Avenue. Ste. 218, Miami Shores,
FL 3313B via "'" US PooIaISllI'Iico. Thank you.
08/23/2004 09:24 FAX 3057545426
STEVEN L JONES ESQ
....---............"
THIS INSTRUMENT PREPARED BY:
STEVEN I.. JONES, Ese.
9999 NE 2"" AVE" SUITE 216
MIAMI SHORE, FI. 33138
~~?
(O~CA.le.---J'\ .
GRANT OF PERPETUAL EASEMENT
WHEREAS, YELLOWBEARD, INC" a Flo~da corporation, d/b/a BOYNTON SEAFOOD (hereafter
'Yellowbeard"), whose post office address is 12950 West Dixie Highway, North Miami, FI. 33161, is the present
OWT1er of the following d8$cribed real property located in Palm Beach County, Florida:
Lots 20, 21 and 22, Block 3, LAKE ADDITION TO BOYNTON, according to the Plet thereof, as recorded In Plat Book
11, at Page 71, of the Public Record. of Palm Beach County, Florida, l8$s the Wesl17 feet of said Lot 22 and less
the existing right-way- of U.S. highway NO.1 (state Road No.5)
WHEREAS, adjacent I<> and contiguous with its property, lying immediately east thereof, is a 20 - foot wide
alley, and more particularly described a. follow.:
SEE ATTACHED LEGAL DESCRIPTION
hereafter refelf9d to a. "Alley", the apparent tiUe to which i. vested In the CITY OF BOYNTON BEACH, a political
subdivision of the State of Florida, hereafter refelT9d to as "CIty".
WHEREAS, the City has offered to abandon to Yallowbeard the Alley, for its use and development In
conjunction with its property as hereinabove d.scribed,
NOW, THEREFORE, in consideration of the City abandoning the Alley to Yellowbeard, Yellowbeard hereby
grants to tho City, and any utillUes that may require such, together with its successors and assigns, a perpetual
eesem.nt over and to the Alley (as described In the attached legal description),
The Ea..merTl i. given and granted in add~ion to any other easement(s) set forth on the Plet of LAKE
ADOmON TO BOYNTON, as recorded in Plat Book 11, at Page 71, of the Public Records of Palm Beach County,
Florida,
TO HAVE AND TO HOLD THE SAME, together will all and singular the appurtenances thereunto belonging
or In enywi.e appertelning to the grantee(s) hereof.
IN WITNESS WHEREOF, the said grantor has hereunto signed and sealed lhese prese~ts this _ day of
,20_,
Signed, sealed and dellvSflld in the presence of:
YELLOW BEARD, INC,
BY:
JAMES O. HANSON, JR" President
(Seal)
Name:
Name:
(ACKNOWLEDGMENT FOLLOWS ON NEXT PAGE)
08/23/2004 09'25 FAX 3057545426
STEYEN L JONES ESQ
~ 003/004
STATE OF FLORIDA
COUNTY OF MIAMI - DADE
I HEREBY CERTIFY that on lhis day, before me, an officer duly autho~zed In the SlBte and County aforesaid to taka
acknowledgments, personally appeared JAMES O. HANSON, JR., as President of YELLOWBEARD, INC" a Florida
cOlllOration, who is (are) pereonally known or who produced as identification, and that he
(they) acknowledged eXBcuting the same In the presence of two subsc~blng witnesses freely and voluntarily under
aulho~ty duly vested in him by said COJjlOration(s) and thai the seal(s) affixed thereto In the corporate seal(s)1 of said
corporetlon(s).
WITNESS my hard and official seal in the County and State last aforesaid this _ day of
20_,
My commillsion expires:
Name:
Notary Public, Stale of Florida
08/23/2004 09:25 FAX 3057545428
STEVEN L JONES ESQ
It! 004/004
Delif;.tiption ofa portion ofa twenty foot alley being east of Lots 20,21,22 and west of
l,Qt 19 as shown on plat of Lake Addition to Boynton Beach filed in the official recoros
of Palm Beach County in Plat Book 11, Page 171 and being more pllrtic1.ilar1y bounded
and described as follows:
Beginning at the northeast comlll' of Lot 20, Plat of Lake Addition to Boynton Beach. at
the south right olway ofNorrhellSt 10111 Avenue.
Thence southerly, alons the easterly bollJldll oiLots 20, 21 and 22 oime aforeme.utioned
Plat of Lake Addition to Boynton Beach, a distance of 131.19 feet to a point,
Thence easterly on the prolonsation ofche southerly boundary olLot 22 a distance of
20.18 feet to a point,
Thence northel'ly, maintaining a distance of 20 feet :A:om and paraIlel to the easterly
bounds oiLots 20,21, and 22 a distance of 130.19 feet more or less to a point on fue
southerly right of way of the aforementioned Northeast I 0111 Avenue.
Thence westa-ly along the right of way of Northeast 10th Avenu= a diSlllllce of 20.18 feet
more or less to the point of begimring.
Subject to easements, rights of way and reservations of record-