LEGAL APPROVAL
The City of BOY1U:on 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
September 13, 2004
Ms. Kristen Conti/Ms. Jeannie Heavilin
530 East Ocean Avenue
Boynton Beach, Florida 33435
Re:
For:
File No.
Location:
Boynton Lakes Plat No.2
Abandonment
ABAN 04-006
3 Boswell Place
Dear Ms. Conti/Ms. Heavlin:
Enclosed is the City of Boynton Beach Development Order for application item ABAN 04-006, which
represents approval of a request for abandonment of a portion of a utility easement located on Lot 3 of
Block 26, Boynton Lakes Plat No.2 (3 Boswell Place). The City Commission approved this abandonment
on September 7, 2004.
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 742-6260.
Sincerely,
yX
Michael W. Rumpf
Director of Planning & Zoning
MWR:jdc
Attachment: Development Order
Conditions of Approval
S:\Planning\SHARED\WP\PROJECTS\Boynton Lakes\ABAN 04-006\Approvalletter after CC.doc
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DEVELOPMF..,T ORDER OF THE CITY COMMIP~ION OF THE
l . Y OF BOYNTON BEACH, FLORl_A
PROJECT NAME: Boynton Lakes Plat No.2 Abandonment
APPLICANT'S AGENT: Kristen Conti - Jeannie HeaviHn
APPLICANT'S ADDRESS: 530 East Ocean Avenue, Boynton Beach, FL 33435
AppQol<<t..Of\ q-7-<H
DRt:i... elf-OiO
TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a utility easement located on
Lot 3 of Block 26 Boynton Lakes Plat N~O'g,_-;::;---:---;c._-;-;.~,~ ~--':'_:
r- It! P' i ~:, ! I \\ I; ,"
LOCATION OF PROPERTY: 3 Boswell Place, Boynton Beach, FL \ ~ r"c-~;"','; -L.-'"----,---.'---I!;:'
\ n' I ,', ' ; I, I
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. llij II 1& I 0 :':\:,4 !,.~.i;
~IJ"1 J '
. I
THIS MATTER came before the City Commission of t Ci~R1ffl?~;mj~< li'14rida
appearing on the Consent Agenda on the date above. The City Com~!l~flereby-adoptSll'ferrndings
and recommendation of the Planning and Development Board, which Board found as follows:
OR
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 3,2004
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 AppliC9nt
~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
L GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediat~ly 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:\PIannlngISHAREDlWPlPROJECTS\Boynton lakeslABAN 04-00
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ORDINANCE NO. 04- 070
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING ABANDONMENT
OF A PORTION OF A UTiliTY EASEMENT LOCATED
ON LOT 3 OF BLOCK 26, BOYNTON LAKES PLAT
NO. 2 (ABAN 04-006); AUTHORIZING THE CITY
MANAGER TO EXECUTE A DISCLAIMER, WHICH
SHALL BE RECORDED WITH THIS ORDINANCE IN
THE PUBUC RECORDS OF PAlM BEACH COUNTY,
FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Sara L. Valashinas, through her agents, Kristen Conti and Jeannie
eavilin, is requesting abandonment of a portion of a utility easement located on Lot 3 of
lock 26, Boynton Lakes Plat No.2; and
WHEREAS, comments have been solicited from the appropriate City Departments,
d public hearings have been held before the City's Planning and Development Board, and
e City Commission on the proposed abandonment; and
WHEREAS, staff has determined that the utility easement provides no public
ervice; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
HE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
erein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, does
ereby abandon a portion of a portion of a utility easement located on Lot 3 of Block 26,
oynton Lakes Plat No.2, and more particularly described in the attached Exhibit "A." A
cation map is attached hereto as Exhibit "B."
Section 3. The City Manager is hereby authorized and directed to execute the
ttached Disclaimer and cause the same to be filed, with this Ordinance, in the Public
ecords of Palm Beach County, Florida.
Section 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this J.:L day of A113tl:';T ,2004.
:\CA\Ord\nances\Abandonments\Abandonement -Boynton Lakes 04-006.doc
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SECOND, FINAL READING AND PASSAGE TillS _day of
,2004.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ITEST:
ity Clerk
:\CA'Drdinances\Abandonrnents\Abandonement -Boynton lakes 04-006.doc
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EXHIBIT "An
Utility Easement to be abandoned, the west 2.3 feet of the east 6.5 feet Lot
3, Block 26, Boynton Lakes Plat No.2, as recorded in Plat Book 46, Page
138, of the Public Records of Palm Beach County, Florida.
The existing utility easement as recorded in the memorandum of
abandonment and relocation of utility easements, 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, Boynton Lakes Plat No.
2, as recorded in Plat Book 46, Page 138, of the Public Records of Palm
Beach County, Florida.
S:\CA\Ordlnances\AbandonmentsV\bandonement -Boynton lakes 04-006.00c
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'-Y
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.' ,110. = 100.0 feet
BOYNTON LAKES PLAT # 2 LOCATION MAP EXHIBIT"A"
1
2
3 DISCLAJMER
4
5 KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach,
6 Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon
7 a portion a utility easement located on Lot 3 of Block 26, Boynton Lakes Plat No.2, and
8 more particularly described in the attached Exhibit "A".
9 IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
10 Beach, Florida, have hereunto set their hands and affixed the seal of the City this _
11 day of September, 2004.
12
13
A TIEST:
CITY OF BOYNTON BEACH, FLORIDA
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Janet Praini to
City Clerk
Kurt Bressner, City Manager
STATE OF FLORIDA
)
)ss:
20 COUNTYOFPALMBEACH )
21 BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
22 Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach,
23 Florida, known to me to be the persons described in and who executed the foregoing
24 instrument, and acknowledged the execution thereof to be their free hand and deed as
25 such officers, for the uses and purposes mentioned therein; that they affixed thereto the
26 official seal of said corporation; and that said instrument is the act and deed of said
27 corporation.
28
WITNESS my hand and official seal in the said State and County this
September, 2004~
day of
29
30
31
NOTARY PUBUC, State of Florida
My Commission Expires:
S;\CA\Qn:linances\Abandonmenls\Abandonement -Boynton lakes 04.006.doc
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EXHIBIT "A"
Utility Easement to be abandoned, the west 2.3 feet of the east 6.5 feet Lot
3, Block 26, Boynton Lakes Plat No.2, as recorded in Plat Book 46, Page
138, of the Public Records of Palm Beach County, Florida.
The existing utility easement as recorded in the memorandum of
abandonment and relocation of utility easements, 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, Boynton Lakes Plat No.
2, as recorded in Plat Book 46, Page 138, of the Public Records of Palm
Beach County, Florida.
S:\CA\OtdInances\Abandonments\Abandonemem -Boynton Lakes 04-006.doc
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1 In. .. 100.0 feet
BOYNTON LAKES PLAT # 2 LOCATION MAP EXHIBIPA"
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EXHIBIT "B"
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CON81lWC11oH LAYC
3108.Ol1TH FEDERAL HIGHWAY. p.o. BOX 7H . BOYNTON BEACH, FLORIDA 33425
BOYNTON BEACH Phon. (581) 737.es.48 . Fill (581) 73.4-7f48
BOYNTON ~S PLAT NO.2
LOT 3~ BLOCK 26
2.3 FOOT EASEMENT TO BE ABANDONED
.~. -~--~_.
.. .-.. - -.-
EASEMENT TO BE ABANDONED, TIm WEST2..1 FEET OFTIfE BAST 6.5 FEET OF 1HB
Ul'll.lTYEASEMENT ASRECORDEDINTIfEMEMORANDUMOF ABANDONMENT AND
RELOcATION OF UTILlTYBA8BMENTs, IN OFFICIALRECORD BOOK 5466, PAGE 641,
OF THE PUBliC RECORDS OF PALM BEACH COUNTY, FLORIDA SAID EA8BMBNT
BEING APORTION OF LOT 3, BLOCK 26, BOYNTONLAKBS PLAT NO 2, AS RECORDED
IN PLAT BOOK 46, PAGE 26, OF TIm PUBliC RECORDS OF PALM BEACH COUNTY,
FLORIDA
--- --.....--
. .CERTIFICATION .
. - :.-: - : . I HEREBY CERTIFY lHA'I mB DESCRIPTION AND. AtTACHED. SKBTCH OF'DESCRlPTION WERE
. '..~'" PREPARED IN ACCORDANCE Wl1H nm SURVEYING STANDARDS, CHAPTER 61G176, FLORIDA
. . . --:. ADMiNIsTRATIONCODB,SBTFOURmBYTHBFLORIDABOARDOFPROFESSIONALSURVEYORSAND
: ": ,"'-h MAPP.ERs.l'VRSUANT TO SECTION 472.027, FLORIDA STA1UrnS, AND IS TRU13AND CORRECT TOmB
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FORINFO TIONPUlU'osBSONLY ANDIS NOTVAIJD. ....
NOTE; nns IS NOT A SKBTCHOF SURVEY,.BU,T ONLY
A GRAPHrCDEPICTION OF mBDESC1UPTIOllMaOWN
HEREON, mBRBHAS BEBNNO FlBlDWORK' 0
OONNBCtIONWItiJ:nm_ARAnONOF~,: ..'
INFO.RMADC?NSHOWNHERBON. .
LB 210;1
Joe Tucker
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NOTB; LANDS SHOWNHBRBONWERBNOT ABS11l4C11lD
FORRlOHTS OF WAYS EA8EMBNTS OF lUlSERV.M!O&S
OPRBCoRD '. . '\fl:~ .
ZII8.E. 23RD AVENUE
P.o.1lOX 7BI
BO'fN1tlN HACH, Fl.OllIDA:13435
P(Ione:
Boca (561) 391-1388
9qynIon (561) 737-8548
F~ . (561) 73l-7S48
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CON8lRUCIlOH L\ \'011'
219 S.E. 23rd STREET. P.O. BOX 759 . BOYNTON BEACH, FlORIDA 33435
BOYNTON BEACH Phone (561) 737-11546 . Fax (561) 734-7546
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EXHIBIT "B1"
APPlICAHT ~TIFICATIO
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 surveya19 submitted herewith)
The utility easement that is the subject of this Abandonment Application was created by
the above referencad 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- YY on July 23, 1987. This Resolution by Its terms
abandoned the entire 12' easement Please see Exhibit A to the Resolution 87- YV
Page 4 014 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 perinit 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 easel'!1ent area Is aatually 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 wldth
(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
Survey done by Richard L Shephard and Associates dated 6121104 that shows graphically this
addll1v..al &.5 rV\1l Vavvll.....l.... toGethor \\11th the. leGal. fJHer1J*9R ~ II. alto 11:t~ 1\'" thA
8\1'VeY submitted herewith). This additional easemel'!t area Is not part of the Iota 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- Traffie
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
FORESTERJENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
"
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments: None X
PRIVATE UTILmES
Comments:
4. Adelphla: None. X
5. Florida Power & Light: None. X
6. Flortda Public Utllities Company: None. X
7. Bellsouth: None. X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD
CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
l. To be detennined.
8.1Ptannlng\St-W\ED\WP\PROJECTS\Boynton lakes\ABAN 04..(1()61C()A.doc