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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must he Turned Requested City Conunission Date Final Fonn Must be Turned Meetioe: Dates in to City Clerk's Office Meetin2 Dates in to City Clerk's Office 0 August 3, 2004 (Noon.) July 19, 2004 0 October 5, 2004 (Noon) September 20, 2004 0 August 17. 2004 (Noon) August 2, 2004 0 October 19, 2004 (Noon) October 4, 2004 ~ September 7, 2004 (Noon) August 16,2004 0 November 3, 2004 (Noon) October 18, 2004 0 September 21, 2004 (Noon) September 7.2004 0 November 16, 2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing ~ Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the September 7, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under Legal, Ordinance - First Reading on August 17, 2004. For further details pertaining to the request, see attached Department of Development Memorandum PZ 04- 185. EXPLANATION: PROJECT: Boynton Lakes (ABAN 04-006) (Boswell Place) Kristen Conti/Jeannie Heavilin Sara L. Valashinas 3 Boswell Place Request for abandonment of a portion of a utility easement located on Lot 3 of Block 26 Boynton Lakes Plat. No.2. AGENT: OWNER: LOCATION: DESCRIPTION: PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A Develo City Manager's Signature Planning and Zonin S:IPlanning\SHAREDI WPIPROJECTS #L irector City Attorney I Finance I Human Resources ynton Lakes\ABAN 04-Q06\Agenda Item Request Boynton Lakes ABAN 04-006 2ndreading 9-7-04,doc S:IBULLETlNIFORMSIAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 04-185 TO: Chalman and Members Planning and Development Board THRU: Michael W. Rumpf Planning and Zoning Director Maxlme Ducoste-A. kft:d Planner I ~. July 21, 2004 Boynton Lakes Plat No. 2- Abandonment of a portion of a utility easement ABAN 04-006 FROM: DATE: SUBJECT: NATURE OF REQUEST: This request to abandon a portion of a utility easement was submitted on June 22, 2004. The applicant, KrIsten Conti and Jeannie Heavlnn, agent for Sara L Valashlnasr Is requesting to abandon 2.3 feet of the utility easement located on Lot 3 of Block 26 Boynton Lakes Plat No.2. It Is described as follows: T17e west 2.3 feet of the east 6.5 feet of Lot ~ Block 26, Boynton Lakes Plat No.2, as recotrfed In Plat Book 46, Page 26, of the public recotrfs of Palm Beach County, florida. The location map attached as exhibit "A" shows the general v1dnlty of the portion of the utility easement to be abandoned. The attached exhibit "B"- shows the location of the proposed abandonment and Its legal description. The following Is a description of the zoning dlstrtcts and land uses of the properties that sUlTOund the subject easement (see exhIbit "A" - location Map) North: Single-family detached zero lot line homes (Boynton Lakes PUD)i South: Single-family detached zero lot line homes (Boynton Lakes PUD)i East: Right-Of-way for Boynton Lakes Boulevardi and farther east Boynton Lakes PUD Plat No.3i West: Right-of-way for Boswell Placei and farther west Single-family del1lched zero lot line homes (Boynton Lakes PUD). BACKGROUND: When the Plat of Boynton Lakes Plat No.2 was approved It Induded a twelve (12) foot utility easement located along Tract "F", which abuts Boynton Lakes Boulevard. That entire easement was located at the rear of the subject lot On July 21, 1987, The aty approved the abandonment of the twelve (12) foot easement and subsequently a replacement was provided. The replacement utility easement encompasses ~ Page 2 Memorandum No. PZ 04-185 ABAN 04-()()6 easterly 6.5 feet of the subject property and westerly 6.5 feet on Tract "F". A screen porch was built wIth permIts In 1994 and encroaches wIthin the 6.S-foot utility easement located on the subject property. The abandonment of the westem 2.3 feet will resolve the porch encroachment and the porch will comply with the 3.S-foot rear setback. According to the applicant, the entire 6.S-foot utility easement located on the subject property Is not being utilized by any utility companies (see ExhIbit "B1" - Applicant JUstfflcatlon). ANALYSIS: Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companIes have been notified and the request has been advertised In the newspaper. A summary of the responses from the utility companIes and city staff Is as follows: The followIng responses were received from the affected parties: em DEPARTMENTS Engineering UtIlities Planning and ZonIng No objection No objection No objection PUBUC UllLIlY COMPANIES Rorida Power and Ught Bell South Florida Public Utilities Company Cable Company (Adelphla) Cable Company (Comcast) No objection No objection No objection No objection N/A RECOMMENDATION: Staff recommends that this request to abandon the west 2.3 feet of the east 6.5 feet of Lot 3, Block 26, Boynton Lakes Plat No.2, and as described above be approved. No conditions of approval are recommended. ThIs recommendation Is based on staff's finding that the utility easement serves no public purpose. Any conditions recommended by the Planning and Development Board or required by the Qty Commission will be placed In exhibIt "c" - Conditions of Approval. xc: Central Rle S:~D\Wl'\PROlECfS\NAlI1lCA\AIlAH 02-002\Stl1ff Ret>ortdoc -"~ .. "-Y I L l 1 In, " 100,0 feet BOYNTON LAKES PLAT # 2 LOCATION MAP EXHIBIT "A" .r ~"Pt- lit.: Yuckir. P.LS. EXHIBIT "B" " '9<<~11IILIW IUfW II~- OONSllUICTlON LAY' 310 soUTk FEDERAL HIGHWAY. P.O, BOX 768. BOYNTON BEAOH, FLORIDA 33<425 BOYNTON BEACH Phone (S61) 737-6546 . F~ ts61) 73+7~ BOYNTON LAKES PLAT NO.2 LOT 3~ BLOCK 26 2.3 FOOT EASEMENT '1'0 BE ABANDONED EASEMENT TO BE ABANDONED, THE WEST2.# FEET OF THE EAST 6,5 FEET OF mE UTlLITYEASEMENT ASRECORDEDINTHEMEMORANDUMOF ABANDONMENT AND RaoCATION OF UTILlTYnAsEMENrs, IN OFFICIAL RECORD BOOK 5466, PAGE 641, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA SAID EASEMENT BEING A PORTION OF LOT 3, BLOCK 26, BOYNTONLAKBS PLAT NO 2, AS RECORDED IN PLAT BOOK 46. PAGE 26, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA -'--- "". -'-" .-- CERTIFICATION . , ~ . .. ,:;.,.. I HEREBY CERTIFY THAT TIlE DESCRIP110N AND. AlTACHED. SKETCH OF.DESCRIP110N WERE . - PREPARED IN ACCORDANCE WI1H nni SURVEYINO STANDARDS, CHAPmR 610176, FLORIDA ADMINIsTRATION CODE, SET FOURTII BY TIm FLORIDA BOARD OFPROFESSIONALSURVEYORS AND MAPPERs. PURSUANT TO SECTION 472,027, FLORIDA STATUTES, AND IS TRtmAND CORRECT TO TIlE BEST OFMYKNOWI.EDOEAND BELIEF. UNLESS lTBBARS TIm SIONATtJREAND TIlE ORIGINAL RAISED . SEAL OF A FLORIDA UCENSED SURVEYORAND MAPPER, TInS DRAWING, SKETCH, PLAT OR MAP IS FOR INFO TIONPURPOSES ONLY AND IS NOT VALID, .. .. . ' . ~ ."~': ........ ...... ........... NOTE; TInS IS NOT A SKETCH OF SURVBY,,BIU ONLY A GRAPHIc DEPICTION OF nmDBSCRIPTI~OWN HEREON, lBERBHAS BBBNNO FIBID WORK . . a CONNBcnONWJ:rHTHl!PlUn>ARAttoN OF nns, . INFORMATI<?N SHOWNHBREON. " Nom; LANDS SHOWNHBRBONWERB NOT ABS~C:mo FORRIOHTS OF WAYS BASBMBNTs OFRBSBRV4.oqofls OFRECORD .. . '. LB 2102 Joe Tucker 'URl'EI'ORS lInE. aAIl AVENUE ',O.BOX7U BOYNlON BEACH, FI.OlIIDA33435 f'fI<Jne: Boca (581) 39148 IlQynlon (S81/73H5<l8 FA\< . (581) 734-75<15 . ., ;;<:.. . .'" tl:Tu.?k.... ;,L.S: ,. '" ~ " .,..~ t~ ~~ -.\; ~.~ (Is.: ,fl ~~ ~ ...., 't ". ~~i EXHIBIT "B" -- --- OONSTRUOTIOIILA VOl 219 S,E. 23rd STREET. P,O. BOX 759 . BOYNTON BlOACH, FLORIDA 33435 BOYNTON BEACH Phone (561) 737-(l546 . Fax (561) 734-7546 ). {) :?l . L.. . d., . ~ 1.5::>,:,"IP1'''f7 ~':Jp.s_'r;zr(j) .\.,,\';j . ..'......, - _...._~ .. ., .__~. /""~C'.r/;s't:>...g~//90_.G:;'? . ~ ~ ~ '~.- .:7'" :!7Ci'?lL.' - '.. ~.. ... h '.. .,. . .~~ . . .. -'. ---~-~- -- :l: ~ , "I . ~ " ,00 OS ,13 ,,6S..~q..,o .S ~ ~ ~ ~~~ "1...'" C\ ~ ~.~ ~ - ~~ aw.Vl~ tt~~ ~, ~, w . ..0 0_ - 111 <U"" 111. . co " 111 Z / / ~ " - .. .... ~ -- ll~- . ~~ >.~.'" ~ ~'J ~;I ~~ /;1 ~Ill!'t * (7\ I . :3:1 ,O:G '9 . . ~ .... It .. . .P'r/ ~ , ':.:. (~I 1:\ ~I ~ >;'01 \0 ~ .'/:3: ~ I~ ~~ IPro o 1..0 -l.z " .~ ~ ,. . ~~_. / ....... ... ..' .. I' . .;-kH"t7?:~:,~ ; ':";'~':".:~ ';, ..... .... .; ." ',.. . ., 1:,' "1 S.€/' .. 3 J '9'1 d I.: 113MS08 ~ '0 . ~. ~ :< ~~. ~ ~" ......J ~~ , ~ ~, ~tQ \!J~ ~ ,072 " " ", fl/", '., : -.';.": .:. (. ; ;:.~.i' .:.' /. ~~ . 'I! .' ,- ,~ ; .~ ' ~. ~ ~: ~: .~ i ~.. .~ :1 ,l;!: .~~~-~! ~~;~; ~~ ~ ~c5 ~. i ;, o ~: ~ 5!( ~ ~ ~~,t_ '. ~ a ~ ~~ ' ~ Ir~ u ::> Q.. Ij.. ~ "':"'" -- (l.a ~"-" ..' . ~ ... . ,~ r", ?-\ EXHIBIT "B 1" A~PlICANT JUSTH=ICATIC ~ TOABA DO NOF SARA L. VALASHI~ The legal description of the sUbject lot is the following: Lot 3, Block 26, Boynton Lakes Plat No.2, according to the Plat thereof, recorded In Plat Book 46, Page 148 of the Public RecorClfs of Palm Beach County, Fl. (a copy ofthe plat and survey 819 submitted herewith) The utility easement that is the subject of this Abandonment Application was created by the above referenced plat over the rear of the subject lot, specifically, the easement as originally created was the East 12 feet of Lot 3, Block 26, Boynton Lakes Plat No.2, The City adopted Resolution 87- VY on July 23, 1987. This Resolution by its tenns abandoned the entire 12' easement. Please s~e exhibit A to the Resolution 87-VY Page 4 of4 and you will see that the third legal description from the bottom of this page is "The East 12 feet of Lot 3, Block 26 of said plat: Boynton Lakes Plat No.2 (P.U,D.)" However, the City approximately 3 months after the adoption of Resolution 87- VY required the developer, Lennar Homes, Inc., to record a Memorandum of Abandonment and Relocation of Utility Easements dated October 29, 1987 which reestablished the easement to be the East 6.5 feet of Lot 3, Block 26. In 1994 the City Issued a pennit to construct a roofed screened in porch to the rear of the subject property and issued a final inspection approving Its construction. The porch encroaches 2.2 feet into the remaining easement. The abandonment request is to abandon an additional 2.3 feet of the remaining easement to cure the encroachment. This would leave the oriminal easement width at. 4.2 feet 1 (however, see below, remaining easelTlent area Is aCltually 10.7 feet). it Is respectfully requested that the legal descrfptlon for the abandonment be the following: "The West 7.8 feet of the East 12 feet of Lot 3 Block 26 Boynton Lakes Plat No.2, acCording to the Plat thereof, recorded in Plat Book 46, Page 148" 1. The actual width of the remaining easement is 10.7 feet because In the Memorandum of Abandonment and Relocation of Utility Easements there was an additional 6.5 foot In width (length-200 feet) easement created behind Lots 2-5, Inclusive, of Block 26~ The legal desorlptlon for this additional easement area Is on the last page of the forgoing Memorandum and Is the last legal description on that page. Please find attached hereto a Special Purpose Survey done by Richard L. Shephard and Associates dated 6/21104 that shows graphically this BdtllllulIIll1l.5lUvl "'.......ltfllll.rea together. there." delleFlptlQR'~ IlalllI '~QWl:l 01' th.. survey 8ubmltted herewith). This additional easemel'!t area Is not part of the lots referred to, It Is behind and abuts the lots. '- EXHIBIT "e" Conditions of Approval Project name: Boynton Lakes Plat No.2 File number: ABAN 04-006 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 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/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X PRIVATE UTILITIES Comments: 4. Adelphia: None. X 5. Florida Power & Light: None. X 6. Florida Public utlllties Company: None. X 7. Bellsouth: None. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Plaonlng\SHARED\Wf'lPROJECTS\Boynlon Lakes\ABAN 04..Q06\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE 'Y OF BOYNTON BEACH, FLOR. .\ PROJECT NAME: Boynton Lakes Plat No.2 Abandonment APPLICANT'S AGENT: Kristen Conti - Jeannie Heavilin APPLICANT'S ADDRESS: 530 East Ocean Avenue, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 3,2004 TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a utility easement located on Lot 3 of Block 26 Boynton Lakes Plat No.2. LOCATION OF PROPERTY: 3 Boswell Place, Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER 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 Planning and Development Board, which Board found as follows: OR X THIS MATTER 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 manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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 Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:IPlannlngISHAREDlWPIPROJECTS\Boynton Lakes\ABAN 04-006\DO.doc CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet mm accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one CODY of agenda reauest (with back UD) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Deadline for Submittal to City P a D/CRA Requests Deadline Clerk's Office Requested City Commission Meeting Dates Au ust 3 2004 Au ust 17 2004 Se tember 7 2004 Se tember 21 2004 October 5 2004 October 19 2004 November 3 2004 D November 16 2004 Departments are responsible for securing the following si natures on attached A enda Ruest Form: De artment Head Wilfred Hawkins for de artments under Administrative Services Finance De artment for items that involve ex enditure of funds All back u material is attached All exhibits are attached & marked e, . Exhibit "A' Department Head's initials: ~ Boynton Lakes CABAN 04-006) 2nd reading Please do not write in the shaded area below. Legal Departmen+ signatureD Signatur~s) missing Incomplete submittal Missed deadline Other Reason: ;."'.;'.: ,.., Person contacted to pickup rejected request by bg - 7/19/02 S:\P1anning\P1anning Templates\AQenda Item Cover Sheet Checklist Aug 3 - Nov 16, 2004.doc on (Date) ..cr. ~"o ." CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Connnission Date Final Form Must be Turned Meetin2 Dates in to City Clerk's Office Meetinll Dates in to City Clerk's Office 0 August 3. 2004 (Noon.) July 19, 2004 0 October 5, 2004 (Noon) September 20, 2004 ~ August 17, 2004 (Noon) August 2, 2004 0 Oclober 19, 2004 (Noon) October 4,2004 0 September 7, 2004 (Noon) August 16, 2004 0 November 3, 2004 (Noon) October 18, 2004 0 September 21, 2004 (Noon) September 7, 2004 0 November 16, 2004 (Noon) November I. 2004 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing ~ Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the August 17, 2004 City Commission Agenda under Legal, Ordinance - First Reading. The City Commission with a unanimous vote approved this request under Public Hearing on August 3, 2004. For further details pertaining to the request, see attached Department of Development Memorandum PZ 04- 185. EXPLANATION: PROJECT: Boynton Lakes (ABAN 04-006) (Boswell Place) Kristen Conti/Jeannie Heavilin Sara L. Valashinas 3 Boswell Place Request for abandonment ofa portion of a utility easement located on Lot 3 of Block 26 Boynton Lakes Plat. No.2. AGENT: OWNER: LOCATION: DESCRIPTION: PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~ N/A N/A N/A City Manager's Signature A;tJ 't--( 6 Planning and Zo;:' Director City Attorney I Finance I Human Resources S:\Planning\SHARED\WP\PROJECTS\Boynton Lakes\ABAN 04-006\Agenda Item Request BO)11too Lakes ABAN 04~006 1st reading 8-17-04.doc S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 04-185 TO: Chalnnan and Members Planning and Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Maxlme Ducoste-A. ~ Planner I l')T\J' July 21r 2004 DATE: SUBJECT: Boynton Lakes Plat No. 2- Abandonment of a portion of a utility easement ABAN 04-006 NATURE OF REQUEST: This request to abandon a portion of a utility easement was submitted on June 22, 2004. The applicant, KrIsten Conti and Jeannie Heavllln, agent for Sara L. Valashlnas, Is requesting to abandon 2.3 feet of the utility easement located on Lot 3 of Block 26 Boynton Lakes Plat No.2. It Is described as follows: The west 2.3 feet of the east 6.5 feet of Lot 3, Block 26, Boynton Lakes Plat No.2, as recorded In Plat Book 46, Page 26, of the publIc records of Palm Beach County, Flonda. The location map attached as Exhibit "A" shows the general vidnlty of the portion of the utility easement to be abandoned. The attached Exhibit "B"- shows the location of the proposed abandonment and Its legal description. The following Is a description of the zoning districts and land uses of the properties that surround the subject easement. (see exhibit "A" - location Map) North: Single-family detached zero lot line homes (Boynton Lakes PUD); South: Single-family detached zero lot line homes (Boynton Lakes PUD); East: Right-of-way for Boynton Lakes Boulevard; and farther east Boynton Lakes PUD Plat No.3; West: Right-Of-way for Boswell Place; and farther west single-family detached zero lot line homes (Boynton Lakes PUD). BACKGROUND: When the Plat of Boynton Lakes Plat No.2 was approved It Induded a twelve (12) foot utility easement located along Tract "F", which abuts Boynton Lakes Boulevard. That entire easement was located at the rear of the subject lot. On JUly 21, 1987, The CIty approved the abandonment of the twelve (12) foot easement and subsequentiy a replacement was provided. The replacement utility easement encompasses Page 2 Memor8ncIum No. PZ 04-185 ABAN 04-006 easterly 6.S feet of the subject property and westerly 6.S feet on Tract "F". A screen porch was built with permits In 1994 and encroaches within the 6.S-foot utility easement located on the subject property. The abandonment of the western 2.3 feet will resolve the porch encroachment and the porch will comply with the 3.S-foot rear setback. According to the applicant, the entire 6.S-foot utility easement located on the subject property Is not being utilized by any utility companies (see ExhIbIt "Bl" - Applicant JUstification). ANALYSIS: Pursuant to Chapter 22, Art/de III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised In the newspaper. A summary of the responses from the utility companIes and city staff Is as follows: The following responses were received from the affected parties: CITY DEPARTMENTS Engineering utilities Planning and Zoning No objection No objection No objection PUBUC UTlUTY COMPANIES Aorida Power and Ught Bell South Aonda Public Utilities Company Cable Company (Adelphla) Cable Company (Comcast) No objection No objection No objection No objection N/A RECOMMENDATION: Staff recommends that this request to abandon the west 2.3 feet of the east 6.S feet of Lot 3, Block 26, Boynton Lakes Plat No.2, and as described above be approved. No conditions of approval are recommended. ThIs recommendation Is based on staffs finding that the utility easement serves no public purpose. Any conditions recommended by the Planning and Development Board or required by the Oty Commission will be placed In Exhibit "C" - Conditions of Approval. xc: Central Ale S:~D\W1'\P1lOJECTs\NCA\ASAII 02-<102\S1llIfReport,cIoc ..~ -... "-.Y L 1 110. ., 100,0 feet ~"> " (/~- ",. BOYNTON LAKES PLAT # 2 LOCATION MAP EXHIBIT "A" '-'" I . .r ~~h ~:. tucker, P.LS. EXHIBIT "B" ~1UIlI' IICl11T1.1u IUIlI' CONSllIucnON U.YI ," 310 SOUTH FEDERAL HIGHWAY. P.O. BOX 769 . BOYNTON BEACH, FLORIDA 33425 BOYNTON BEACH Phon. (551) 737-8545 . FIX (551)73H~ BOYNToN LAKES PLAT NO.2 LOT 3~ BLOCK Z6 2.3 FOOT EASEMENT TO BE ABANDONED '. ~. . - ".. EASEMENT TO ~E ABANDONED, THE WEST 2.3 FEET OF THE EAST 6.5 FEET OF THE UTILlTYEASEMENT AS RECORDBDINTHBMEMORANDUMOF ABANDONMENT AND RBLOCATION OF UTILITY EASEMENTS, IN OFFICIAL RECORD BOOK 5466, PAGE 641, OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA SAID EASEMENT BEING A PORTION OF LOT 3, BLOCK 26, BOYNTON LAKES PLAT NO 2, AS RECORDED IN PLAT BOOK 46, PAGE 26, OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA -- - - -...- -- CERTIFICATION . , ~ . .. . ~;.'" I HEREBY CERTIFY lHAT THE DESCRIPl10N AND. ATTACHED. SKETCH OF .DESCRIPTION WERE . --. PREPARED IN ACCORDANCE WI1H THE SURVEYING STANDARDS, CHAPTER 610176, FLORIDA AD~TIONCODF. SET FOURTII BY THE FLORIDA BOARD OFPROFESSIONALSURVEYORS AND MAPPERs. PURSUANT TO SECTION 472.027, FLORIDA STATUTES. AND IS mUl3 AND CORRECT TO THE BEST OFMYKNOWLElJOBAND BELlBF, UNrnsS ITBEARs TIm SIGNATURE AND nm ORIGINAL RAISED . SEAL OF AFLORlDAUCENSED SURVEYORANDMAPPER, nus DRAWING. SKETCH, PLAT ORMAPIS FORlNFO TIONPURPOSESONLYANDISNOTVALID. . ... . ' . - .~~: ..~.., .' ...... ...0:..:. :1. 'r .. NOTE; TInS IS NOT A SKETCH OF SURVEY,.B!lf ONLY A GRAPmc DEPICTION OF nmDESCRlPTI~OWN HEREON, lHEREHAS BEEN NO FIElD WORK .. . G CONNEctIoN wrm: TImPREPARAriON OF nuS.. . . INFORMATI<;INSHOWNHEREoN. . '. NOTE; LANDS SHOWN HEREON WERE NOT ABSTIl4CI'BD FORRIOHTS OF WAYS EA8BMENTs OFRESBRV4-nof.{s OF RECORD .. . W,.. . LB 2102 Joe Tucker SURVEYORS 111S.E. URll AVENUe ',0, IlOX 7&9 BOYNTON 5EACH, FlORtllA3:M35 P(Jons: Boca (5611391-.4388 IlQynlon (5611 737-l1545 FA(< '(561)7$1-7546 , ., ,,'::" . .. JqM'" If. TlYJk.., PU: SURVEYOR/, "" ~ " ""'~ t~ ~~ --X ~.~ ().~ ,~ ~~ ~ -.' "- '" ~~i EXHIBIT "B" -IUIWEY -lUtW!" CONS11lUOTlON lA YOU 219 S.E. 23rd STREET. P.O, BOX 759 . BOYNTON BEACH, FLORIDA 33435 BOYNTON BEACH Phone (561) 737-6546 . Fax (561) 734-7546 ~.. () 7l I;~~/~?'~ ~~f;"'s'. ~a'a; .\,.i'l . ........, - _.......~ .. .. ~ /....~a:,...;;>S"I!#..g;y//'9"'O_.G:;~ . ~~~~ ~....::7,' J::JVJf!L'..... "'.'J...._. __. .... ',.. .'. ~ . . .. . .... --- ------ -- * ~ . , ~ . . ~ \J .00 O~ ,!! "f>9"~Q,,,'O S ~ ~ 3 ~::> \ T. NJli: - - . .- -- ~) of...'I....~ o ~ \l .9 \J ~ ~ ~.~ , 'Q C'I, &'w\~~ tt~~ ~, ~, -- ~ ll~- i~ \....'1:> ~ ~'\l ~:I ~~ /;1~1 ~~ * (1\ I . .O:.9~ ~I .. ' ~ ;:,;:". .tn:; <5 I . .:' ( i.ll , . . \0 I l:\ .' . ~ : ~I .. \0 .: ~ .'I~ ~ I~ ~~ IPro o. 1\0 ~z .... . (2;l1 _, ,?Pi{rt7$O. ..: ... ., ~ ,- ,;. ',/z;dlP4<'7: .: >< ----- .: :..::-.... .. .... '-; " ~ :':'~;;. , ~' ~ ~, ~ff) ~~ ~ .0'72 '. ,. '" (1/ '-, '., : ..':.}.::..:.~.:~:.~:'. ..~.:-.'. t-\::.. ,': .." .. ~~ .,~~ , ,.' . .. .. .~ : .~ : ~ ~ ~: ~, .~ ; o.~,. ~ if ,Ii!; i g ~.! : .~~~rf ~ .... g ; i. fS :;: SS~~": ~ ~~. ~ Irle,t. '. ~ 0 ~ ~~ ' I~ ::5:" f~~t1 0\ ..~.. I.''''~ ... ~ ~ II ' ~ Ai LJ ::> a.. " "" ~ ! ~ ! I ":"'" -- (l.a -.-.. p'.." .... I" r"\, ~ EXHIBIT "B 1" APPlICANT JUSTH=ICATIO j:XHIBIT A TO ABAtiDONMEl'fif.lmIl.QN OF SA~ L. VALASI-:!INAS The legal description of the sUbject lot is the following: Lot 3, Block 26, Boynton Lakes Plat No.2, according to the Plat thereof, recorded in Plat Book 46, Page 148 of the Public Recor<lls of Palm Beach County, FI. (8 copy ofthe plat and sUNey are submitted herewith) The utility easement that is the subject of this Abandonment Application was created by the above referenced plat over the rear of the subject lot, specifically, the easement as originally created was the East 12 feet of Lot 3, Block 26, Boynton Lakes Plat No.2, The City adopted Resolution 87- YV on July 23, 1987. This Resolution by its terms abandoned the entire 12' easement. Please see Exhibit A to the Resolution 87-YV Page 4 of 4 and you will see that the third legal description from the bottom of this page is "The East 12 feet of Lot 3, Block 26 of said plat: Boynton Lakes Plat No.2 (P.U.D.)" However, the City approximately 3 months after the adoption of Resolution 87-VY required the developer, Lennar Homes, Inc., to recorda Memorandum of Abandonment and Relocation of Utility Easements dated October 29,1987 which reestablished the easement to be the East 6.5 feet of Lot 3, Block 26. In 1994 the City issued a permit to construct a roofed screened in porch to the rear of the subject property and issued a final inspection approving its construction. The porch encroaches 2.2 feet into the remaining easement. The abandonment request is to abandon an additional 2.3 feet of the remaining easement to cure the encroachment. This would leave the oriminal easement width at. 4.2 feet 1 (however, see below, remaining easement area is acrtually 10.7 feet). It Is respectfully requested that the legal description for the abandonment be the following: "The West 7.8 feet of the East 12 feet of Lot 3 Block 26 Boynton Lakes Plat No.2, acCording to the Plat thereof, recorded in Plat Book 46, Page 148" 1. The actual width ofthe remaining easement Is 10.7 feet because In the Memorandum of Abandonment and Relocation of Utility Easements thElre Was an additional 6.5 foot in width (length-200 feet) easement created behind Lots 2-5, Inclusive, of Block 26; The legal description for this additional easement area Is on the last page of the forgOing Memorandum and Is the last legal description on that page. Please find attaohed hereto a Special Purpose Survey done by Richard L Shephard and Associates dated 6121104 that shows graphically this Il&UUQllitI8.S fu.A aaGVtltOlll6,6a toG.th~rvJlth the.lslal Ele.89n,tiQR (~II_all~ I~~ "" thA survey submitted herewith). This additional easement area Is not part of the lots referred to, It Is behind and abuts the Jots. ',-.- EXHIBIT "C" Conditions of Approval Project name: Boynton Lakes Plat No, 2 File number: ABAN 04-006 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 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/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X PRIVATE UTILITIES Comments: 4. Adelphia: None. X 5. Florida Power & Light: None. X 6. Florida Public Utilities Compauy: None. X 7. Bellsouth: None. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Plannlng\SHARED\Wp.pROJECTS\Boynton Lakes\ABAN 04-D06\COA.doc DEVELOPMENT ORDER OF THE CITY COMMI~SION OF THE TY OF BOYNTON BEACH, FLO,," A PROJECT NAME: Boynton Lakes Plat No.2 Abandonment APPLICANT'S AGENT: Kristen Conti - Jeannie Heavilin APPLICANT'S ADDRESS: 530 East Ocean Avenue, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 3,2004 TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a utility easement located on Lot 3 of Block 26 Boynton Lakes Plat No.2. LOCATION OF PROPERTY: 3 Boswell Place, Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER 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 Planning and Development Board, which Board found as follows: OR X THIS MATTER 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 manner consistent with the requirements of the City's Land Development Regulations, 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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 Clerk. 6, All further development on the property shall be made in accordance with the terms and conditions of this order, 7. Other DATED: City Clerk S:\P1annlngISHAREDlWPIPROJECTS\Boynton Lakes\ABAN 04-o06\DO.doc " , CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one CODY of aGenda reauest (with back UD) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Requested City Commission Meeting Dates Au ust 3 2004 Au ust 17 2004 Se tember 7 2004 Se tember 21 2004 D October 5 2004 D October 19 2004 D November 3 2004 D November 16 2004 Deadline for Submittal to City P &. D/CRA Requests Deadline Clerk's Office Departments are responsible for securing the following si natures on attached A enda Re uest Form: De artment Head Wilfred Hawkins for de artments under Administrative Services Finance De artment for items that involve ex enditure of funds All back u material is attached All exhibits are attached & marked . Exhibit "A' ~(i~ Department Head's initials: Bo nton Lakes ABAN 04-00 Please do not write in the shaded area below. Legal Department signature D ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing D Incomplete submittal D Missed deadline D Other D Reason: City Manager's signature D Person contacted to pick up rejected fElquest by bg - 7/19/02 S:\Planning\Planning Templates\Agenda Item Cover Sheet Checklist Aug 3 - Nov 16, 2004.doc on (Date) CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Conrmission Date Final Form Must be Turned Meetin2 Dates in to City Clerk's Office MeetinlZ Dates in to City Clerk's Office ~ August 3, 2004 (Noon.) July 19, 2004 0 October 5, 2004 (Noon) September 20,2004 0 August 17, 2004 (Noon) August 2. 2004 0 October 19, 2004 (Noon) October 4, 2004 0 September 7, 2004 (Noon) August 16,2004 0 November 3, 2004 (Noon) October 18,2004 0 September 21, 2004 (Noon) September 7.2004 0 November 16, 2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM ~ Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the August 3,2004 City Commission Agenda under Public Hearing. The Planning and Development Board with a 6-0 vote (Board Member Saberson having recused himself), reconnnended that the subject be APPROVED. For further details pertaining to the request, see attached Department of Development Memorandum No.04-185. PZ 04-185. EXPLANATION: PROJECT: Boynton Lakes (ABAN 04-006) (Boswell Place) Kristen Conti/Jeannie Heavilin Sara L. Valashinas 3 Boswell Place Request for abandonment of a portion of a utility easement located on Lot 3 of Block 26 Boynton Lakes Plat. No.2. AGENT: OWNER: LOCATION: DESCRIPTION: PROGRAM IMPACT: FISCAL IMP A ALTERNA N/A N/A N/A City Manager's Signature Planning and S:IBULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC City Attorney 1 Finance 1 Human Resources DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 04-185 TO: Chairman and Members Planning and Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Maxlme Ducoste-A. t4t;d Planner I l:)T"" July 21, 2004 DATE: SUBJECT: Boynton Lakes Plat No. 2- Abandonment of a portion of a utility easement ABAN 04-006 NATURE OF REQUEST: This request to abandon a portion of a utility easement was submitted on June 22, 2004. The applicant, Kristen Conti and Jeannie Heavllln, agent for Sara L. Valashinas, is requesting to abandon 2.3 feet of the utility easement located on Lot 3 of Block 26 Boynton Lakes Plat No.2. It Is described as follows: The west 2.3 feet of the east 6.5 feet of Lot 3, Block 26, Boynton Lakes Plat No.2, as recorded in Plat Book 46, Page 26, of the public records of Palm Beach County, Rorida. The location map attached as Exhibit "A" shows the general vicinity of the portion of the utility easement to be abandoned. The attached Exhibit "B"- shows the location of the proposed abandonment and Its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject easement. (see Exhibit "A" - Location Map) North: Single-family detached zero lot line homes (Boynton Lakes PUD); South: Single-family detached zero lot line homes (Boynton Lakes PUD); East: Right-of-way for Boynton Lakes Boulevard; and farther east Boynton Lakes PUD Plat No.3; West: Right-of-way for Boswell Place; and farther west single-family detached zero lot line homes (Boynton Lakes PUD). BACKGROUND: When the Plat of Boynton Lakes Plat No.2 was approved It included a twelve (12) foot utility easement located along Tract "f", which abuts Boynton Lakes Boulevard. That entire easement was located at the rear of the subject lot. On July 21, 1987, The City approved the abandonment of the twelve (12) foot easement and subsequentiy a replacement was provided. The replacement utility easement encompasses Page 2 Memorandum No. PZ 04-185 ABAN 04-006 easterly 6.5 feet of the subject property and westerly 6.5 feet on Tract "F". A screen porch was built with permits In 1994 and encroaches within the 6.S-foot utility easement located on the subject property. The abandonment of the western 2.3 feet will resolve the porch encroachment and the porch will comply with the 3.S-foot rear setback. According to the applicant, the entire 6.S-foot utility easement located on the subject property is not being utilized by any utility companies (see Exhibit "B1" - Applicant Justification). ANALYSIS: Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised In the newspaper. A summary of the responses from the utility companies and city staff is as follows: The following responses were received from the affected parties: CITY DEPARTMENTS Engineering Utilities Planning and Zoning No objection No objection No objection PUBUC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection No objection No objection No objection N/A RECOMMENDATION: Staff recommends that this request to abandon the west 2.3 feet of the east 6.5 feet of Lot 3, Block 26, Boynton Lakes Plat No.2, and as described above be approved. No conditions of approval are recommended. This recommendation Is based on staffs finding that the utility easement serves no public purpose. Any conditions recommended by the Planning and Development Board or required by the City Commission will be placed In Exhibit "C" - Conditions of Approval. xc: Central Rle S:\PIaflnlng\SHAREO\wp\PROJECTS\NAlJT1CA\ABAN 02-oG2\Staff Report.doc ... 1 in. = 100.0 feet BOYNTON LAKES PLAT # 2 LOCATION MAP EXHIBIT "A" . / ~"9h fA:. Tucker. P.LS. . EXHIBIT "B" IOUIIOIll\' IUfl\IE1 1I_1UIlVE1 CONSTRUC11OH LArOI ,. 310 SOUTH FEDERAL HIGHWAY - P.O. BOX 7lHl. BOYNTON BEACH, FLORIDA 33425 BOYNTON BEACH Phone (581) 737_ . F~ (581) 734-7~ BOYNTON LAKES PLAT NO.2 LOT 3; BLOCK 26 2.3 FOOT EASEMENT TO BE ABANDONED EASEMENT TO BE ABANDONED, TIm WEST2.# FEET OF TIm EAST 6,5 FEET OF lHE UTIllTYEASEMENT ASRECORDEDINlHEMEMORANDUMOF ABANDONMENT AND RELOCATION OF UTU..ITY EASEMENTs, IN OFFICIAL RECORD BOOK 5466, PAGE 641, OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA SAID EASEMENT BEING A PORTION OF LOT 3, BLOCK 26, BOYNTON LAKES PLAT NO 2, AS RECORDED IN PLAT BOOK 46, PAGE 26, OF lHE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA CERTIFICATION '~' ::.:... I HEREBY CERTIFY TIlAT THE DESCRIPTION AND. ATTACHED. SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WlTII nm SURVEYING STANDARDS, CHAPTER 61G176, FLORIDA ADMlNISTRATION CODE, SET FOURTH BY THE FI.ORIDABOARD OF PROFESSIONAL-SURVEYORS AND MAPPERs, PURSUANT TO SECTION 472.027, FLORIDA STATIlTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDOEANDBELlEF, UNIJlSS lTBEARS mE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA liCENSED SURVEYORAND MAPPER, TInS DRAWING, SKETCH, PLAT OR MAP IS FORlNFO TIONPURPOSESONLYANDISNOTVALID, ... . .~: ., ...".:. :!. 'r .:.,. M rS'I'ERED LAND SURVEYO TATEOFfLORIDA NOTE; TInS IS NOT A SKETCH OF SURVEY,.B~NLY A GRAPHIC DEPICTION OF THE DESCRIPTI. OWN , ~\' HEREON, TIIERE HAS BEEN NO FIElD WORK vm.y.rrNO o CONNECTION WlTII THE PREPARATION OF lHIS, INFORMATION SHOWN HEREON. . NOTE; LANDS SHOWN HEREON WERE NOT ABS~G:rED FOR RIGHTS OF WAYS EASEMENTS OFRESBRV4;TIONS OF RECORD .... . LB 2102 Joe Tucker 211S.E. 23RD AVENUE P,O. BOX 7&11 BOYNTON BEACH. FlORIDA 33435 PIrone: Boca (581) 391-4388 Bqynlon (581) 737-6546 FAlf, . (581) 734-7546 ,. ;.;. ,. ~ M. Tu~.., P.LS: SURVEYORS '" ~ \i ""'~ t~ ~~ ..\ '. ~.~ .() t: ,~ ~~ ~ _.. " ~'" ~~i EXHIBIT "B" _lIUII'YIYS __s CONSTRUOTION LAYOUT 219 S.E. 23rd STREET - P.O. BOX 759 - BOYNTON BEACH, FLORIDA 33435 BOYNTON BEACH Phone (561) 737-6546 . Fax (561) 734-7546 ) t.) 7l . L. .H'~ ~ IS~-Ip?''"b' ~~p.,5;' t/"ZJ'O ~ . ,'..... -_....._~ .. .. . ~ /...~c~/;s'~$;y//"-fO_.t!T.;"7 . ~S)~ ';;::/" :l71:i'& -. .,. --/.. --. .-- .'., ~ . . .. -.... - -- - -""-- -- . ~ ~ . ~ \J .OO'O!;; ,g ,,69,.~Qo"Q S ~ ~ V) ,I, \l::> 7/, - .~ "'. "" - '" .- -...- ~l ~~'3 1(<1" ~ ~ \)0 ~~-tl ".t.~~ ~~~ w:I,;. G) !...i~. I- \:) '" o . . - " -' i ~.~ HI .~I!l ~z ,,~ ~. ~ ~ 0, , If) V:l",,: . (X) ...... If) Z / / ,..F... '-'J~;..-. . .-,pawAt?;7:.;.:.", :':"::':~.:~ :-.. ,"'.' '" '.; ." '.. ..~, !oJ .'f'/ lIj ~ ll~- ~~ ~I~~ ~ ,vI ~ ~ ~~IiS!~ * 0\ I ~I ?I ~ ~I I \0 ~ ..I~ ~ I~ 1?fr1 O-q- If' cxi o 1\0 -!.z " ~ ~ ~tQ ~~ ~ "l' ~ ~ ' ,0',9 ~ ~;~'.: ~~. ,P'r/ , . ~ . ~". .~. . .072.. :~ '''',',' ~g/. .," f' ~~../.:-.:::~.;~:':i'. ..~.:., ~.,.. . . " !~ i! ,~ .. ~~ <( . J .,~~ '. .- , ! .~\ .~ : ~ ~ ~: ~: .~ ; ;"~.. ~ ~ IS on' ~ St1!: .15~~F1: E~~ e..~:t ~~~~~ !. e~~, 5'" '. . ~iS~.~~ :' .~";.. ~c~~~ ' ~~ ~ I ir~~ u ::> a.. "'" t ,. ~.. . . ".;'>>' 'JfI~.J . ~ is ~ ~ i ., ..,. -- /La _.".. -'."" ".. ..' ~ !"'\ EXHIBIT "B1" APPlICANT JUSTH=ICATlm ~ TO ABANDO~MENT PETITION OF SARA L. VALASHINAS The legal description of the subject lot is the following: Lot 3, Block 26, Boynton Lakes Plat No.2, according to the Plat thereof, recorded in Plat Book 46, Page 148 of the Public Records of Palm Beach County, Fl. (a copy of the plat and sUNey are submitted herewith) The utility easement that is the subject of this Abandonment Application was created by the above referenced plat over the rear of the subject lot, specifically, the easement as originallyaeated was the East 12 feet of Lot 3, Block 26, Boynton Lakes Plat No.2. The City adopted Resolution 87-YV on July 23,1987. This Resolution by its terms abandoned the entire 12' easement. Please see Exhibit A to the Resolution 87-YV Page 4 of 4 and you will see that the third legal description from the bottom of this page is "The East 12 feet of Lot 3, Block 26 of said plat: Boynton Lakes Plat No.2 (P.U.D.)" However, the City approximately 3 months after the adoption of Resolution 87-YV required the developer, Lennar Homes, Inc" to recorda Memorandum of Abandonment and Relocation of Utility Easements dated October 29, 1987 which reestablished the easement to be the East 6.5 feet of Lot 3, Block 26. In 1994 the City issued a permit to construct a roofed screened in porch to the rear of the subject property and issued a final inspection approving its construction. The porch encroaches 2.2 feet into the remaining easement. The abandonment request is to abandon an additional 2.3 feet of the remaining easement to cure the encroachment. This would leave the orilllinal easement width at. 4.2 feet 1 (however, see below, remaining easement area is actually 10.7 feet). It is respectfully requested that the legal description for the abandonment be the following: "The West 7.8 feet of the East 12 feet of Lot 3 Block 26 Boynton Lakes Plat No.2, acCording to the Plat thereof, recorded in Plat Book 46, Page 148" 1, The actual width of the remaining easement is 10.7 feet because In the Memorandum of Abandonment and Relocation of Utility Easements there was an additional 6.5 foot in width (length-200 feet) easement created behind Lots 2-5, Inclusive, of Block 26~ The legal description for this additional easement area Is on the last page of the forgoing Memorandum and Is the last legal description on that page. Please find attached hereto a Special Purpose SUlVey done by Richard L. Shephard and Associates dated 6/21/04 that shows graphically this addltlVllal e.5 fwl vaavlllVlll .166 toalu,ar with the 18181 EleesFiptiGR (~ II. altO ,b~ "n thA survey submitted herewith), this additional easement area Is not part of the lots referred to, It Is behind and abuts the lots. EXHIBIT "e" Conditions of Approval Project name: Boynton Lakes Plat No.2 File number: ABAN 04-006 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 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 FORESTERlENVIRONMENTALIST Comments: None X PLANNING AND WNING Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Conunents: None X PRIVATE UTILITIES Conunents: 4. Adelphia: None. X 5. Florida Power & Light: None. X 6. Florida Public Utilities Company: None. X 7. Bellsouth: None. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Conunents: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Conunents: 1. To be determined. S:\Plannlng\SHARED\WP\PROJECTS\Boynlon Lakes\ABAN 04-OO6\COA.doc DEVELOPM....lT ORDER OF THE CITY COMMlf-.ON OF THE 1... "Y OF BOYNTON BEACH, FLORllJA PROJECT NAME: Boynton Lakes Plat No.2 Abandonment APPLICANT'S AGENT: Kristen Conti - Jeannie Heavilin APPLICANT'S ADDRESS: 530 East Ocean Avenue, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 3, 2004 TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a utility easement located on Lot 3 of Block 26 Boynton Lakes Plat No.2. LOCATION OF PROPERTY: 3 Boswell Place, Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER 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 Planning and Development Board, which Board found as follows: OR X THIS MATTER 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 manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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 Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\PlannlngISHAREDlWPlPROJECTSlBoynton Lakes\A8AN 04-006\DO.doc City Clerk CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet .!I1YB accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one CODY of aGenda request (with back UD) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Requested City Commission Meeting Dates Au ust 3 2004 Au ust 17 2004 Se tember 7 2004 Se tember 21 2004 October 5 2004 October 19 2004 November 3 2004 November 16 2004 Deadline for Submittal to City P 8r. D/CRA Requests Deadline Clerk's Office Departments are responsible for securing the following si natures on attached A enda Ruest Form: De artment Head Wilfred Hawkins for de artments under Administrative Services Finance De artment for items that involve ex enditure of funds All back u material is attached All exhibits are attached & marked e. . Exhibit "A' Department Head's initials: Pi: Boynton Lakes CABAN 04-006) Please do not write in the shaded area below. Legal Department signature 0 ITEM RETURNED FOR THE FOLLOWING R~ON(S): Signature(s) missing 0 Incomplete submittal 0 Missed deadline 0 Other DRJ;!ason: et's signature on (Date) by bg - 7/19/02 S:\Planning\Planning Templates\Agenda Item Cover Sheet Checklist Aug 3 - Nov 16, 2004.doc .... ~ DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 04-164 TO: FROM: Janet Prainito City Clerk . ~ Michael W. Rump~ Director of Planning & Zoning DATE: July 6, 2004 RE: Boynton Lakes Plat No.2 - Abandonment of a portion of a utility easement. ABAN 04-006 Accompanying this memorandum you will find one (1) copy of the application and related documents for the above-referenced abandonment application. The $500.00 application fee for staff processing and review has been forwarded to the Finance Department. A legal advertisement for same has been prepared for the July 27, 2004 Planning and Development Board meeting and the August 3, 2004 City Commission meeting and will be forwarded to your office after review by the City Attorney. MWR:mda S;\Planning\SHAREDlWP\PROJECTS\Boynton Lakes\ABAN 04-Q06\lEGALNOT.doc REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two (2) working days prior to the first publishing date requested below. ORIGINATOR: PlanninQ and ZoninQ Division PREPARED BY: Michael Rumpf DATE PREPARED: Julv 5,2004 BRIEF DESCRIPTION OF NOTICE OR AD: Request for abandonment of a utility easement located on Lot 3 of Block 26 Boynton Lakes Plat No.2. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) Standard LeQal Ad for the PlanninQ and Development Board meetinQ on July 27, 2004, and the AUQust 3, 2004, City Commission meetinQ. SEND COPIES OF AD TO: Newspaper, adioininQ property owners, applicant and PlanninQ and ZoninQ Director. NEWSPAPER(S) TO PUBLISH: The Post DATE(S) TO BE PUBLISHED: July 12, 2004 LAST DATE TO FAX TO NEWSPAPER: July 9,2003 APPROVED BY: (1)(Ori~~~" (2)~)'. (City Attorney) If- 7 ,,(l- ()( (Date) lP RECEIVED BY CITY CLERK: COMPLETED: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning and Development Board will conduct a PUBLIC HEARING at the CITY HALL, COMMISSION CHAMBERS, on Tuesday July 27,2004 at 6:30 p.m.. The City Commission of the CITY OF BOYNTON BEACH, FLORIDA, will also hold a public hearing at CITY HALL COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA, on Tuesday August 3, 2004, at 7:00 p.m., or as soon thereafter as the agenda permits, to consider a request for abandonment of a utility easement submitted by Kristen Conti! Jeannie Heavilin agents for Sara L. Valashinas, more particularly described as follows: The west 2.3 feet of the east 6.5 feet of lot 3, Block 26, Boynton lakes Plat No.2, as recorded in Plat Book 46, Page 26, of the public records of Palm Beach County, Florida. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board or City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Patricia Tucker (561) 742-6268, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 PUBLISH: The Post July 12, 2004 S:\Planning\SHARED\WP\PROJECTS\Boynton lakeslABAN 04-OO6\LEGALNOT.doc