LEGAL APPROVAL
I 1111 II lit 1111111111111111111I111111111I11 HI II III I I1II
-iJWce 6f ...the City Clerk
City of Boynton Beach
P. O. Box 310
qoynlon Beach, Florida
EASEMENT
CFN 200E,00E,=.::;I:::19
OR BK 19876 PG 1857
RECORDEU 02/01/2006 16:26:20
Palm Beach CountYt Florida
Sharon R. BocktCLERK & COMPTROLLER
Pgs 1857 - 1860; (4pgs)
33,~,25
THIS INDENTURE made this 11- day of LTanuary , A.D., 2006
By Miami Aqua-culture, Inc.
a corporation existing under the laws of Florida
and having its principal place of business at 805 N. Federal Hiqhwav, BQynton Beach
first part, to the City of Boynton Beach, a political subdivision of the State of
Florida, second party:
(Wherever used herein, the terms, "first party" and "second
party" shall include singular and plural, heirs, legal
representatives and assigns of individuals and the successors
and assigns of corporations, wherever the context so admits or
requires)
WITNESSETH
Whereas, the first party is the owner of property situate in Palm Beach
County, Florida, and described as follows:
PCN 08-43-45-21 -32-001 -0170
Legal DescriptionA portion of a 20 foot right-of-way lying west of Block 1 of LAke
Addition to Boynton Beach as recorded in Plat Book 11, Page 71, of the public
records of Palm Beach County, Florida, being more particularly described as follows:
Being Bounded on the north and south by the westerly extension of the north and
south line of Lot 1 7, of said Block 1. Bounded on the west by the west line of
s~id right-of-way, said line also being the east right-of-way line of the Florida
an , East Coast Railway, as shown on Plat, and bounded on the east by the west
line of said I~t 17, Block 1.
WHEREAS, the second party desires an easement for water and sewer utilities
and/or other appropriate purposes incidental thereto, on, over and across said
Property,
and,
WHEREAS, the first party is willing to grant such an easement,
NOW, THEREFORE, for and in consideration of the mutual covenants each
to the other running and one dollar and other good and valuable
considerations, the first party does hereby grant unto the party of the second
part, its successors and assigns, full and free right and authority to construct,
maintain, repair, install and rebuild facilities for above stated purposes and
does hereby grant a perpetual easement, on over and across the above
described property for said purposes.
....
IN WITNESS WHEREOF, the first party has caused these presents to be duly
executed in its name and its corporate seal to be hereto affixed, attested by its
proper officers thereunto duly authorized, the day and year first above written.
Signed, sealed and delivered
m;j;~
S' ature
tlJvftc 6i87JJt.-i
BY
Print Name
pL
Signature
vrV-L-f\ ~l'.~-..L--lG'-~JL\~
Print Name
(CORPORATE SEAL)
STATE OF -PM10If--
COUNTY OF !~ 8fA&tA
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesai9;to take acknowledgments,
Personally appeared /1fN1~ c;,fGrw5 ~.. U()N1L{ {f~
well known to me to be the President and S~t5fltf2^-1
respectively, of the Corporation named as first party in the foregoing
Easement and that they severally acknowledged executing the same in the
presence of two subscribing witnesses freely and voluntarily, under authority
duly vested in them by said Corporation, and that the seal affixed thereto is the
true Corporate seal of said Corporation.
WITNESS my hand and official seal in the Country and State last aforesaid this
/,/(j1.. day of ~ A.D., 200~.
~ P:/d~
Notary Public in and for the
State and County aforesaid.
My commission expires: 1* ~
$""VP/I,,<t, THOMAS A. SHEEHAN
"" ~ "" MY COMMISSION # DD 267389
~...~
1-0f\\.1l~ EXPIRES: December 7, 2007
1-800-3-NOTARY FL No1aIy Discount Assoc. Co.
FLORIDA DEPARTMENT OF REVENUE
RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY
(PLEASE READ INSTRUCTIONS BEFORE COMPLETING)
F!X)R1024CXnJ
DR-219
R,07/98
1. I-'arcelldenliticalion Number
r
2. Mark (x) all
that apply
Multi-parcel
transaction? -.
[J
3. Grantor (Seller):
Last
805 N. Federal Highway
Mailing Address
First
Ml
Boynton Beach
City
FL
State
Corporate Name (if applicable)
33435
Zip Code Phone No.
City of Boynton Beach
Corporate Name (if applicable)
33435 (561~426000
Zip Code Phone No,
4. Grantee (Buyer):
Last First MI
100 E. Boynton Beach Blvd. Boynton Beach
Mailing Address City
5. Date of Sale/Transfer SalelTransfer Price
[=KJ / l-~f] / [] ~~€~J [J $0 [J DO 0 00 0 0 . lQl ru r~~~~;rln IPalm Beach
Month Day Year (Round to the nearest dollar.)
6. Type of Document 0 Contract/Agreement ~ Other 7. Are any mortgages on the property? If "Yes", YES [---I / i'-] NO
o Warranty , for Deed outstanding mortgage bal~-'J.c;Je:[--] r-, [----J [-'-'] ['--' ~'I--" [:.=-: fc=-J r"-'j
_J Deed 0 g~~dclaim (Round to the nearest dollar,) $ L ___ 1.._..,.___._ _J,lJ _. _ J.J . LQn lQ_
8. To the best of your knowledge, were there unusual circumstances or conditions to the sale/transfer
such as: Forced sale by court order? Foreclosure pending? Distress Sale? Tille defects? Corrective Deed? Mineral rights? I 1 r--] NO
Sale of a partial or undivided interest? Related to seller by blood or marriage. YES :~=.1 / L._
FL
State
9. Was the sale/transfer financed? YES [J / ~ NO
Conventional [-I Seller Provided []
If "Yes", please indicate type or types of financing:
~~~~~a~~~~ro~eed [] Other [J
10. Property Type:
Mark (x) all
that apply
Residential
[J
Commercial
~
Industrial
o
Institutional/
Agricultural Miscellaneous
n n
L..J L_J
YES [] / ~]NO
Government
Vacant
Acreage
n
L.l
11. To the best of your knowledge, was personal property
Included in the sale/transfer? If "Yes". please state the
amount attributable to the personal property. (Round to the nearest dollar,)
12. Amount of Documentary Stamp Tax
To be completed by the Clerk of the Circuit Court's Office
This copy to Property Appraiser
Clerks Date Stamp
O. R. Book
and
Page Number
and
File Number
ODODL]
DODD
[J [J [..1 [] [] [] [] i'.:] [Un] [] []
[][] / [.J[] / [][][]
Month Da Year
Date Recorded
This copy to Property Appraiser
FLORIDA DEPARTMENT OF REVENUE@l.....N.......E.'.T
RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY ..
(PLEASE READ INSTRUCTIONS BEFORE COMPLETING)
Enter numbers as shown below. If typing, enter numbers as shown below.
FDOR10240300
DR-219
R. 07/98
1. Parcel Identification Number
(If Parcel 10 not available
please call County Property
Appraiser's Office) ~
o
23456789
0123456789
r
08434521320010170
2006
Transaction is a split
or cutout from "
another parcel? ~
First MI
Boynton Beach FL
City State
First MI
Boynton Beach FL
City State
Salerrransfer Price
$
(Round to the nearest dollar)
Property was improved
with building(s) at time
of sale/transfer? ~
Miami Aqua-culture, Inc.
2. Mark (x) all
that apply
Multi-parcel
transaction? ~
3. Grantor (Seller):
Last
805 N. Federal Highway
Mailing Address
Corporate Name (if applicable)
33435
( )
Zip Code Phone No,
City of Boynton Beach
4. Grantee (Buyer):
Last
100 E. Boynton Beach Blvd.
Mailing Address
5. Date of Sale/Transfer
Corporate Name (if applicable)
33435 ( 561)426000
Zip Code Phone No.
1
17
00
Property 60
Located In
County Code
Month
Day
Year
6. Type of Document
Warranty
Deed
ContracVAgreement "
for Deed
Quit Claim
Deed
Other 7. Are any mortgages on the property? If .Yes",
outstanding mortgage balance:
(Round to the nearest dollar) $
YES
NO
o 0
8. To the best of your knowledge, were there unusual circumstances or conditions to the sale/transfer
such as: Forced sale by court order? Foreclosure pending? Distress Sale? Title defects? Corrective Deed? Mineral rights?
Sale of a partial or undivided interest? Related to seller by blood or marriage.
YES
NO
Conventional
Seller Provided
" NO If .Yes", please indicate type or types of financing:
Agreement or
Contract for Deed Other
Institutional/
Agricultural Miscellaneous Government Vacant
Acreage Timeshare
9. Was the sale/transfer financed? YES
10. Property Type:
Mark (x) all
that apply
Residential Commercial Industrial
"
"
Cents
11. To the best of your knowledge, was personal property YES
included in the sale/transfer? If "Yes", please state the
amount attributable to the personal property. (Round to the nearest dollar)
12. Amount of Documentary Stamp Tax
"NO $
$
00
0.00
~
13. If.QQ.JIDt, is due in number 12, is deed exempt from Documentary Stamp Tax under s. 201.02(6), Florida Statutes?
YES "
NO
Under penalties of perjury. I declare that I have read the foregoing return and that the facts stated in it are true, If prepared by someone other
L1han the taxpayer, his/her declaration is based on all information of which he/her has any knowledge.
Signature of Grantor or Grantee or Agent Date
WARNING Fl\lllJRE TO FILE THIS RETUHN OR ALTERN/\TtVE FORM c'\PPROVED BY THE DEPARTMENT OF REvENUE SH,..I\.LL RESULT IN ,,\ PEN/\Ur OF .'l;;2!:i DO IN ADDITION TO ;\NY
01 HER PENALlY IMPOSED BY THE REVENUE LAW OF FLORIDA.
To be completed by the Clerk of the Circuit Court's Office Clerks Date Stamp
This copy to Department of Revenue
O. R. Book 00000
and DODD
Page Number
and [-] r-jl-J [] [J '---I [---It---j r-] 1---1 iJ f---\ [---
File Number _____1____ __ I_J i__ ___J__ ____..J L.._ L__._. m j
[-1 r-m] / r--II--'-I/ [--' [J r---'1 [----I
Date Recorded _J l__...__ __.JL_, __.1 _ L..... .___..1
Month Dav Year
This copy to Department of Revenue
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The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
February 9, 2006
www.boynton-beach.org
Mr. Daniel Spotts
805 N Federal Hwy
Boynton Beach, FL 33435
Re:
For:
File No.
Location:
Dear Mr. Spotts:
Spotts Abandonment
Abandonment of a portion of a 20-foot right of way
ABAN 05-007
Alley west of 805 N Federal Hwy
Enclosed is the City of Boynton Beach Development Order for application item ABAN 05-007, which represents
approval of a request for abandonment of a portion of a twenty-foot (20') right of way west of North Federal
Highway abutting the Federal East Coast Railway. The City Commission approved this abandonment on
January 3, 2006.
Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260.
S];k
Michael W. Rumpf
Director of Planning & Zoning
MWR:jdc
Attachment: Development Order
Conditions of Approval
S:\Planning\SHARED\WP\PROJECTS\805 N. Federal Hwy\ABAN 05-007\Approvalletter after Cedoc
. I
DEVELOPMr r ORDER OF THE CITY COMMIS, ,~N OF THE
C"TY OF BOYNTON BEACH, FLORIDA
oevelopn\8nt
p&1
Building
Engineering
Llcen..
Occ. elt" CI.rk
Deputy ,
=-
PROJECT NAME:
805 North Federal Highway (ABAN 05-007)
APPLICANT'S AGENT:
Daniel Spotts
APPLICANT'S ADDRESS: 4606 SW 74th Avenue, Miami, FL 33155
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
Pecember6,2005
~'1..3, ~oo"
TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a 20 foot alley right-of-way located to
the rear of Lot 17, Block 1 of Boynton Lake Addition to Boynton Beach plat.
LOCATION OF PROPERTY: Located west of 805 North Federal Highway, which is on the west side of
North Federal Highway, between Northeast 7th Avenue and Northeast 8th
Avenue.
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 Community Redevelopment Agency Board, which Board found as follows:
OR
X THIS MA TIER 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:
5.
6.
7.
DATED:
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.
m ~ [& ~ a w ~ WI'
The Applicant i . . j
L HAS / J! r{ - 6 j I
HAS NOT .
established by substantial competent eVIdence a basis for the reli f>f~alMt$(f.OF DEVELOPMENl
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 Applicpnt's application for relief is hereby
~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms and
conditions of this order.
Other
S:\Planning\SHARED\WP\PROJECTS\805 N Federal Hwy
~
EXHIBIT "e"
Conditions of Approval
Project name: Abandonment of a Portion of 20-Foot Wide Alley for 805 North Federal Highway
File number: ABAN 05-007
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. Dedication of a Utility Easement for City utilities within the right-of-way to X
be abandoned is required.
2. No structures or landscaping shall be placed within the confines of the X
required utility easement without the express written consent of the
Engineering Division of Public Works.
3. The legal description needs to be corrected to read as follows: X
itA 20-foot (not 25~foot) right-of-way lying west of Block 1 . . .
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
"
,n. -
r
c;
o
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments:
4. The dedication of the utility easement shall occur prior to the second reading X
of the ordinance.
PUBLIC UTILITY PROVIDERS
Comments: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
5. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
6. To be determined. ~
S:IPlann/ngISHAREDIWPIPROJECTS\306 BBB, ABAN 04-005\COA.d<><:
~
1 in. = 127.4 feet
EXHIBIT "A" LOCATION MAP
.... ,,~
EXHIBIT MB" SURVE)
)
~~-r d/A~T eAIL~AD
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-185
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TO:
Chair and Members
Community Redevelopment Agency
Michael W. RumPT'{\.Q~
Planning and Zoning Director
THRU:
FROM:
Kathleen Zeitler
Planner
DATE:
September 26, 2005
SUBJECT:
Abandonment Request of the Alley west of 805 North Federal Highway
ABAN 05-007 .
NATURE OF REOUEST
The applicant, Daniel Spotts, owner of Miami Aqua Culture, Inc., is requesting the City to abandon a portion of a
public alley which abuts the rear of his business property located at 805 North Federal Highway (formerly Act II
consignment shop, currently an unoccupied commercial bUilding). This 20-foot wide unimproved public alley runs
north and south adjacent to and parallel with the Florida East Coast (FEe) railroad. The portion requested to be
abandoned is approximately 20 feet in width by 50 feet in length, and a total of 1,016.7 square feet (0.023 acre) in
area. Per the survey submitted with the application, the platted alley segment is legally described as follows:
A portion of a 25 foot right-of-way lying west of Block 1 of Lake Addition to Boynton Beach as recorded in Plat
Book 11, Page 71, of the public records of Palm Beach County, Florida, being more particularly described as
follows:
Being bound on the north and south by the westerly extension of the north and south line of Lot 17, of said
Block 1. Bounded on the west by the west line of said right-of-way, said line also being the east right of way
line of the Florida East Coast Railway, as shown on plat, and bounded on the east by the west line of said Lot
17, Block 1.
It is important to note that the legal description on the survey submitted incorrectly states that the width of the
right of way is 25 feet, when it is actually 20 feet In width. The survey submitted Indicates no below ground
improvements, footers, foundations, or utilities have been located or shown on the survey.
The Location Map (see Exhibit "A'') shows the general vicinity of the public alley right-of-way to be abandoned. The
Proposed Abandonment (see Exhibit "B'') depicts the exact location of the subject site and its boundaries and legal
description. The following is a description of the land uses and zoning districts of all properties that surround the
subject portion of the public alley right-of-way.
North -
A portion of the 20-foot alley located to the rear of Lot 16 (a vacant 0.12 acre lot zoned
C-4);
South -
A portion of the 20-foot alley located to the rear of Lot 18 (a 0.56 acre lot zoned C-4
used for vehicle repair);
, Page 2
Memorandum No. PZ 05-185
ABAN 05-007
East
805 North Federal Highway (Lot 17, Block 1 of Lake Addition to Boynton Beach Plat)
zoned C-4 (applicant's property); and,
West -
A 50-foot wide railroad right-of-way for Florida East Coast (FEe) Railway.
BACKGROUND
The subject portion of the 20 foot wide alley lies within the boundaries of Lake Addition to Boynton Beach Plat. The
approved plat was recorded in Plat Book 11, Page 71 on April 9, 1925. The plat includes a total of 190 individual
lots, a 50-foot wide railroad right-of-way owned by the Florida East Coast (F. E.C.) Railway, several 50-foot and 66-
foot wide rights-of-way, and several 1S-foot wide and 20-foot wide alleys. The plat also contains a reversionary
clause in the dedication, which states "does hereby dedicate to the perpetual use of the public as public highways,
the streets, avenues, boulevards, and alleys as shown hereon, reserving however unto itself, its successors and
legal representative, the reversions or reversion of same, whenever abandoned by the public or discontinued by
law". The City makes no representation regarding the impact of the reversionary language on title to the adjacent
properties. Re-development or expansion of the adjacent property following abandonment requires the property
owner to establish proof of clear title as a condition of re-development or expansion. The applicant has submitted a
copy of a report dated January 7, 2005 from Title Evidence of South Florida, Inc. which discloses that title of the
subject property is vested in the City of Boynton Beach via the dedication shown on the recorded plat, and at this
time said property is free and clear of any liens and encumbrances, and exempt from ad valorem taxes.
On July 7, 2005 staff held a pre-application meeting with the applicant. Notes of the meeting indicate that the
applicant initially informed staff that the alley was overgrown with weeds and attracted vagrants and crime, and he
wanted to abandon the property so he could maintain it. The applicant further clarified that he intended to use the
alley behind his lot for additional business parking. Staff explained that there were alternatives without the need for
abandonment, such as a revocable license agreement, Whereby the applicant could lease the land from the City.
Staff also informed the applicant of the following: (1) per State law, if the property is abandoned each adjacent
property owner would get one-half of the abandoned property, (2) the presence of any live utility in the alley would
require an easement dedication, and (3) the use of the property for a parking lot will require a City approved site
plan modification which complies with all applicable Land Development Regulations.
Oty records indicate that portions of the public alley located north of the subject property have been abandoned by
the City (Resolutions 90-179, 93-79, 98-56, 98-130) subject to conditions of approval regarding easement
dedication.
ANALYSIS
When a right-of-way, such as this unimproved alley, is abandoned the abandoned land is transferred in equal
portions from the general public to the abutting property owner(s) per State law (9 336.12). Typically, two (2)
properties would be affected by an abandonment request: one-half of the right-of-way is conveyed to one (1)
abutting property owner and the other half is conveyed to the other abutting property owner. The applicant
requesting this abandonment is the owner of the abutting property to the east (at 805 North Federal Highway / Lot
17, Block 1 of Lake Addition). Public records indicate that Florida East Coast Railway is the owner of the abutting
property to the west (50-foot wide railroad right-of-way). Staff has attempted to contact a representative of the
FEC Railway and has received no comments from the FEC regarding this requested abandonment. If the
abandonment request is approved, the applicant would receive only one-half of the alley width, or ten (10) feet
total. A 10 foot strip may not be enough property to utilize for additional parking as the applicant proposes. The
applicant could try to obtain the additional property from Florida East Coast Railway.
Page 3
Memorandum No. PZ 05-185
ABAN 05-007
A summary of the responses from the city staff Is noted as follows:
i
cm DEPARTMENT / DIVISION
Public Works / Engineering
No objection to requested abandonment
Support Abandonment with Dedicated Easement or a
Revocable License Agreement
Development / Planning and Zoning
No objection to requested abandonment
Support Abandonment with Dedicated Easement or a
Revocable License Agreement
Recreation & Parks / Parks
No objection to requested abandonment
Per letters from utility providers submitted by the applicant, responses from the utility companies are noted as
follows:
PUBLIC UTILITY COMPANIES
Florida Power and Light
Bellsouth
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
No objection to requested abandonment
No objection to requested abandonment
No objection to requested abandonment
No objection to requested abandonment
N/A
Adequate public notice was given to all affected property owners in accordance with Chapter 22, Article III, Section
4, of the Land Development Regulations. All public utility companies have been notified and the abandonment
request has been advertised in the local newspaper.
Comments from the City Engineer / Assistant Director of Public Works regarding the abandonment state that there
is a live utility service (sewer line) located within the 20-foot alley, and that a majority of the alley would have to be
retained as a utility easement (a minimum of 12 feet in width). The City Public Works / Utilities Department
typically oversees easement dedications. At least sixty percent (60%) ofthe 20-foot alley would be required to be
dedicated as a utility easement if the alley were abandoned. An alternative to abandonment, proposed by the City
Engineer is a Revocable License Agreement which allows the subject property to be leased. The Revocable License
would allow the applicant to use the entire width of the alley (20 feet), rather than one-half (10 feet) if abandoned.
RECOMMENDATION
Staff has determined that the subject portion of this alley no longer serves the public for access purposes and, with
establishment of an easement, the limited use of the alley for utility purposes would be preserved. Therefore, staff
has no objection to the request for abandonment, and supports (1) abandonment with a condition of approval that
a utility easement be dedicated, or (2) a revocable license agreement. Since the applicant desires to improve the
subject property with additional paved parking for his business, he would rather own the property, not lease it.
Staff recommends approval of the requested abandonment with the condition for an easement, and the applicant
has agreed to the stated condition. Any additional conditions recommended by the Community Redevelopment
Agency Board or by the Commission will be placed in Exhibit "c" - Conditions of Approval.
S:\Planning\SHAREO\WP\PROJECTS\805 N. Federal Hwy\Staff Report (ABAN 05-007).doc
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