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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 TO: JpeJ 1. . J(),f/C~ /VI 1/ x.;'M e J)U Cbf;(~ o '1/1 r /UJf) tL NUMBER OF PAGES: (Including I . r cover) ~~N [bYl~P FAX: UJs-- rs-1-Sf.2 6 FROM: DATE: c6 RE: t/r, J'O~e-S, 111iS is fie !/U)r~GV U/lk-Lf'OAJS pt~ J5v6t"Al?etl./JJ6- j):7T' tJ)o/,dIJ t,/Kc r ~ 01\1 F k~ tJt;3UtffoAl - It.-E74fe iUCc).s (Hos.E c-HhVlft:~ ,4If.JD ;:=-olio p) I ~CD/l.t:J4rO/J /N IJ/Z-OC72- ft; ~Al7'/.ruc J'filf"'" pt'N'1t- IU~/'n~ ~ rrr 91'l-O/~A-#d /0tt/uf /,/111/ ~'fl ~t1 r/lIrlA'-U- ]1'3 4-W poJII1t;-WT' r/ SiNC-i7-ru1f / If It-XA '111 ~ j:)u u s;t3 J:\sHRDATAIPlannlngIPlannlng Templates\P&Z FaxIP & 0 Blank Fax.dot If you receive this fax In elTor or e . Immediately. at (661) 742-6260. Th=~~~~e trouble with transml~lon,.Plea8e notify our offl~ - r(( ~ 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-