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APPLICATION PROJECT NAME: NE 3\L Street LOCATION: PCN: I FILE NO.: ABAN 06-006 . II TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER: Mary Ann Monnin ADDRESS: ADDRESS: 11545 Old Ocean Blvd, Unit D Boynton Beach, FL 33435 FAX: FAX: 561-278-7374 PHONE: - PHONE: 561-716-8913 E-Mail: Marvann,monnin(7il,bellsouth,com Or home email mamonnin(7il,bellsouth,net SUBMITTAL / RESUBMITT AL 2/1/06 1 ST REVIEW COMMENTS DUE: PUBLIC /IP ARC NOTICE: TART MEETING: LAND DEVELOPMENT SIGNS POSTED (SITE PLANS): LEGAL AD: 4/1/06 April Fools Day PLANNING & DEVELOPMENT BOARD MEETING: COMMUNITY REDEVELOPMENT 4/11/06 AGENCY BOARD CITY COMMISSION MEETING: 5/2/06 COMMENTS: S:\Planning\SHARED\WP\PROJECTS\NE 3rd Street ABAN\2006 PROJECT TRACKING INFO.doc " City Codes Accessed Via Website www.boynton-beach.org www.am1egal.comlboynton_beach_fl.us Has applicant attended a pre-appllcatlon meeting? ~, Date: J Ii I /0& 1/ /JrYJ . CITY OF BovNTONBEACH APPLICATION TO ABANDONN ACA TE PLANNING & ZONING DIVISION NOTE: This form must be filled out completely and accurately and must accompany all applications submitted to Planning and Zoning (Two (2) cooies of application are required.) PROJECT NAME: AGENT'S NAME: rn 4/2,/ /9 /U /lJ /noN IU I ,u . AGENT'S ADDRESS: AGENT'S PHONE: AGENT'S FAX: OWNER'S NAME: (or Trustee's) OWNER'S ADDRESS: OWNER'S PHONE: OWNER'S FAX: PROJECT LOCATION: OR PCN NUMBER o&--- l(3 tf<.) .,:l/ (not legal description) ,g ()OO Allq ) '71 D (~\'iIA.-+h of- f1uf2i'1/'" CORRESPONDENCE ADDRESS:* (if different than agent or owner) · This is the address to which all agendas, letters and other materials will be forwarded. The undersigned, pursuant to Ordinance NO. 76-27 of the City of Boynton Beach, Florida, hereby applies to the City Commission to vacate/abandon, and discontinue the,(check one): ( X ( ( ( ) ALLEY ) STREET ) SPECIAL PURPOSE EASEMENT ) OTHER NON-FEE INTEREST OF THE CITY as described in attached Exhibit "A", and to renounce and disclaim any right of the City and the public in and to any land in connection therewith. Said application is to be filed with Planning and Zoning in duplicate and applications involving more than one of the above listed non fee interests shall be filed separately. Each application so filed shall be complete in every respect. Representative of the project must be present at all Technical Review Committee, Planning and Development Board or Community Redevelopment Agency and City Commission meetings held to review this project. The undersigned hereby certify: 1. That a complete and accurate legal description with the specific property interest sought to be vacated or abandoned, including where possible a plat map or drawing showing the general area and location involved, is set forth in Exhibit "A" attached hereto. 2. That the title or interest of the City and the public in and to the specific property interest described above was acquired and is evidenced by, (check one): ( ( ( Recorded in ?(~f t~ Beach County, Florida. ) DEED ) DEDICATION ) PRESCRIPTION TItLe. 0['/ {/ ^ /~-'Z- (3 ~c~ ( L- <.. t--} Book tin. p(op..c,~'hes 'lll(,~( [,,'n& 4/LQ, , Page , and Public Records of Palm 3. That no similar application has been considered by the City at any time within six (6) months of the date hereof, and should this application be granted, such abandonment and vacation will prevent no other property owners from access to and from their property and not other property owners in the vicinity will be adversely affected. 4. That the above described property interest is under the control and jurisdiction of the City Commission of the City of Boynton Beach, Florida; is not a part of any state or federal highway system; and was not acquired or dedicated for state or federal highway purposes. 5. That the following constitutes a complete and accurate schedule of all owners and occupants bounding and abutting the property interest described above. 6. Pursuant to City Ordinance 05-004, noticing of all property owners within a 400 foot radius of said proposed abandonment, posting of signs on said property and providing City Clerk with affidavit, photos of signs, listing of property owners within 400 feet and radius map is required by the applicant. 2 NAME ADDRESS . J4 I [r- / j P. ! ~ sf" r~()/~ (. 7. Verification from each affected or potentially affected utility company that they have no interest in the vacation/abandonment, or, if they have present or future interest, proposed easement documents protecting their interests. (See attached Utility Company list) (ALL UTILITY COMPANY RESPONSES MUST BE INCLUDED WITH APPLICATION SUBMITTAL) 8. Obtain a survey of the street (or easement). 9. Obtain a title opinion (ownership and encumbrance report) from a title company. 10. That the following grounds and reasons are submitted in support of this application: "I 0 ~-l-h-l (P.LI./l/Lt4--l.-1Lj c)CU20 no-l rl'\,fJl-1'r/ #, //) L/-L fP1~/f~ Q/7c) I f / 'j (/J1 /.7 / / z. b /6/ It /;/hrf -. ^-..iff A L.j LLtA L~Y-t.'-<-/ DATED: ). -d-.- O~ APPLlCANT(S) NAME <PJ?'SE SIGN) lLa; t2 ,'~ - / .;/ ADDRESS / /)Z/)-- (.)/cJ t..JU4;-J /3!(,k! ~J L3iJ YN Av'J J.:Jp4 e-L- r:::L, 33v ~j -' , STATE OF FLORIDA COUNTY OF PALM BEACH The above named ap~icant(s) being first duly sworn by me the day and year above indicated, deposed and stated that -.S. he _ are/~the applicant(s) in the foregoing Application to AbandonNacate; that they have read the sa and that the facts therei set forth are true and correct to the best of their knowledge. My Commission Expires: Updated 10/15/01 i~'i;'R,}~_ BECKY SPINKS i.: :.~ MY COMMISSION 1/ DD 255103 i,~f EXPIRES: February 2, 2008 . . Bonded Thru Notary Public Underwriters NOTICE TO APPLICANTS REZONING LAND USE AMENDMENT CONDITIONAL USE VARIANCE MASTER PLAN SITE PLAN MAJOR SITE PLAN MODIFICAlTONS ADMINISTRATIVE APPEALS SITE PLAN TIME EXTENSION ABANDONMENT RELIEF FROM REQUIREMENTS OF THE SIGN CODE Per City Of Boynton Beach Ordinance 04-007 and 05-004 No quasi-judicial proceeding shall proceed until proof of notice of the proceeding, in affidavit fonn, has been filed with the Office of the City Clerk and copied to Planning & Zoning. Proof of notice must include the name and address of each property owner to whom notice was mailed and a photograph of each sign posted, as hereinafter required. The following notices must be paid for and provided by the applicant: 1) All property owners, homeowner associations, and condominium associations that own property within four hundred (400) feet of the boundary line of the property which is the subject of the quasi-judicial hearing shall be mailed, by first class mail, a notice of hearing postmarked no less than ten (10) calendar days prior to the hearing. 2) One (1) sign for each street frontage of the property shall be posted no less than ten (10) days prior to the hearing. The sign shall be legible from a distance of 100 feet and shall contain a description of the approval being sought, the date, time and location of the hearing, and a statement that the application being considered is available for inspection in the Development Department of the City of Boynton Beach. Please also note that 3) When a quasi-judicial hearing is tabled or continued at the request of an applicant, re-notice of the hearing shall be provided by the applicant in the same manner as original notice. CONTACT:PALM BEACH COUNTY PROPERTY APPRAISERS OFFICE ATTN: MAPPING DIVISION OR 301 North Olive Avenue West Palm Beach, Florida , ' I, Phone: (561) 355-2881..)' , FAX: (561) 355-3881 South County 501 S. Congress Avenue Delray Beach, FL 33445 561-276-1250 /~. "'" r j'~ /\\' . , . Revised 3/4/05 :1 \; 4 To the City Clerk - City Of Boynton Beach AFFIDA VIT RE: Property Address: Project Name: File #: I/We, the undersigned do certify that to the best of my knowledge, the attached ownership list, 400' radius map and mailing labels are a complete and accurate representation of the real estate property and property owners within at least 400 feet of the above-referenced subject property. This reflects the most current records on file in the Palm Beach County Property Appraiser's Office. The notifications were postmarked a minimum of 10 days in advance of the public hearing. Site signs were posted on the premises 10 days in advance of the public hearing in accordance with City Ordinance 04-007. Attached are photographs of the signs showing their placement on the property. Sincerely, )k, 4 4- Applreantl Age,n Cc: Planning & Zoning Department .....rr.~f;;:.", BECKY SPINKS f.ri!i:~:~ MY COMMISSION # DD 255103 ~.~.~...." EXPIRES: February 2, 2008 ""~Rf.t\i-~'''' Bonded Thru Notary Pubfic Underwriters 5 Typical Dimensions/Not to Scale Sign shall be legible from a distance of 100 feet. This is a samole. Please customize to accommodate your project information. PUBLIC HEARING NOTICE Dates: Times: t ex) .-t Type of Application( s): Proposed Use( s): Location: City Commission Chambers, City Hall 100 East Boynton Beach Blvd. Information: Department of Development (561) 742-6265 - 24" 6 v LA1 CJM \., , ,) dLl/ J Dil ~/--- llJ;:;~ .. ..~.. ~~ , l 0/ ~'" A~ ,tY' UTILITY COMPANIES. 1/ 0"_:/::'":1 pc~ ~u~. c..-<../t // t~..&~ 1." ) -r- )" I/~ . ) ~ellSouth Telephone Company Mr. Larry Mayernik 2021 S. Military Trail, 1st Floor, Eng. West Palm Beach, FL 33401 Phone: (561) 439-9118 Fax: (561) ~lorida Power & Light Company John Van Vleet 21400 Powerline Road Boca Raton, FL 33433 Phone: (561) 479-4511 Fax: (561) 479-4588 ') ~lorida Public Utilities/Flo-Gas Corp. Mr. David E, Pellico, Engineer 401 South Dixie Highway West Palm Beach, FL 33401(, ", Phone: (561) 838-1752 ,J), c.... ( Fax: (561) 833-0151 / , r:, /) ': i-" , - (i. ) JJ -. ' : l ' . . \ ) , , " "v \ C~~t Cablevision of W. P. B., Inc. j_J, . ":.'C,.----,.., ~Cl.tI11 .,j Mr. Dominique Aumais, Construction Coordinator .' 1401 Northpoint Parkway West Palm Beach, FL 33407 Phone: (561) 478-5866 ext. 340 Fax: (561) 686-9499 I ( ---'., j c _ ( I' ' (:. ( .... /.. ~ rr '"' , ..:.... . ~delphia Cable Communications Ms. Jeanine McEnroe 3020 High Ridge Road Boynton Beach, FL 33426 Phone: (561) 588-5553/265-3551 Fax: (561) 5.Bih.3381 " (~/f r - d't//e; PJ ",4 :/ ~cu~<:l . Updated 12/11/03 J:\SHRDATA\PLANNING\SHAREO\WP\FORMS\APPLICATIONS\UTILITY COMPANIES FOR ABAN EASEMENTS 03-23-01.00 S:\Planning\SHARED\WP\FORMS\APPLICATIONS\ABAN\Abandonment application with pre-application added. doc 7 ., vp- ?}CD ~ A-e,A;)\)~ Time and Date of Meeting <.. \ ?-A - If ~ (0 ~'1 Those attending meeting: r" -I T 1-, ~ t) (I,4\-. Applicant's Name: S' RE-APPLICATION CON~ACT QUESTIONS (}( ( ( , I:;~ In #7l t1-t;- pV Phone: ,,(" (p (- 7 {(, -I-r /3 1. HAVE WU SPOKEN TO ANY STAFF MEMBER ABOUT THE PROJECT? Yes t/ No (IF YES, HAVE THOSE STAFF MEMBERS BEEN SCHEDULED FOR THE PRE- APPLICATION MEETING? 2. ( ~~ / 2-( ! 6 ~ 1 LOCATION OF PROPERTY (CROSS STREETS/INTERSECTIONS) t::(~f.~tA~_j' /VL ~( bI- AI cE-- ~ 1\ ([,p-S<- STAFF MEMBERS NAME: 2:~J it{ Yv1 3. WHAT WOULD YOU LIKE TO DO? NEW PROJECT BUILDING EXPANSION OR MODIFICATION CHANGE IN PRIOR USE? IS THE STRUCTURE CURRENTLY VACANT? VARIANCE TYPE: POOL OR SCREEN ENCLOSURE COMMERCIAL PROPERTY? RESIDENTIAL PROPERTY? INDUSTRlALPROPERTY? DO YOU KNOW THE ZONING CODE DESIGNATION? 4. TIMEANDDATEPREFERREDk~ u~+~wJ HOW MANY PEOPLE WILL BE AT THE PRE-APP MEETING? 5. Note: Tell the person that someone from the Department will call them to confirm the meeting, .................................................................................. · Pre-application meetings should be scheduled for a minimum of one (1) hour time module, and should be scheduled no less than two (2) days prior to date/time of meeting. If urgency is sensed, discuss with Mike. · Meetinl!s may be scheduled: Monday afternoons Tuesday all day Wednesday all day Thursday mornings Note: Mike is not available on Mondays between 11 :30 a.m. and 2:30 p.m. S:\PIanning\PIanning\Pre-App Form pp I-3\Pre-application Form p I.doc 1/ c" 'C..J L.<( ;/r ~. 1<' ;! ~.'-, ~ Ii l f 0 (p. n, L Date ( j TIme Started I () I.? Attending as Applicant fYlMjl1/Yl/f'\ Phone 1{~- ~1( ~ PRE-APPLICATION CONFERENCE REVIEW FORM Time Finished iriS Fax Proposed Project Information Proposed Project Name and J- Type/Use A--e, It~ i) 01V'~ Site Location (Address if Available) Site PCN Existing Zoning C -'{ Existing Land Use.Density Anticipated Submittal Date IJ CO lois '71 +-12 Mpe/V'l pcvv/L Proposed Zoning Proposed Land Use/Density / Vacant Notes and Comments Lot Area Lot Frontage Lot Depth Setback Height Parking Requirements or Improvements LandscapinglBuffering Non-conforming Use or Change in Use Other Zoning Changes Required !tfJftt,.) Hazardous Material 10 (yd- _' 00 ~ Notes/Comments/Recommendations Rb NOTICE: The purpose of this conference shall be for staff and applicant to discuss overall community goals, objectives, policies and codes as related to the proposed development and to discuss site plan review procedures. Opinions expressed at the pre-application conference are not binding for formal review purposes. Additional staff comments may be forthcoming based on actual plans submitted for review, S:\Planning\Planning\Pre-App Form pp 1-3\Pre-application Form p2.doc PRE-APPLICATION MEETING SIGN IN SHEET PLEASE PRINT MEETING DATE: t/\\/D4~ TIME: (0 !.is - Ii', l'O ATTENDING FOR APPLICANT: N OTI CE: The purpose of this conference shall be for the staff and applicant to discuss overall community goals, objectives, policies and codes as related to the proposed development and to discuss site plan review procedures, Opinions expressed at the pre-application conference are not binding for formal review purposes. Additional staff comments may be forthcoming based on actual lans submitted for review, City of Boynton Beach Attending for Applicant Attendin Staff ~ JelC t -701+)050 A) Z~ -rfu.../I' S:\Planning\Plannlng\Pre-App Form pp 1-3\Pre-appllcation Form p3.doc PIC PERRY (6 KERN, ~A, ATTORNEYS AT LAW 50 S.E. FOURTH AVENUE DELRAY BEACH. FLORIDA 33483 MARK A. PERRY KEITH D. KERN CHRISTY S. BERKS TELEPHONE 561.276.4146 FACSIMILE 561.276.3859 30 January 2006 PARALEGAL LEIGH MANERI OPINION OF TITLE LEGAL ASSISTANT JENNIFER L. TORRENCE I, KEITH D: KERN, a duly licensed attorney in the State of Florida, do hereby certify that I have examined the title to the following property: Lot 68 and 69 Arden Park according to the Plat recorded in Plat Book 2 Page 96 of the Public Records of Palm Beach County, Florida. ' That, as of 29 December 2005, the title to the property is vested in BOYNTON BEACH FIFTH AVENUE REALTY LLC, a Florida limited liability company evidenced by Warranty Deed recorded 13 June 2005 in Official Records Book 18916, Page 1573 of the Public Records of Palm Beach County and that the taxes for the year 2005 have been paid. The property is subject to the following: 1. All matters contained on the Plat of Arden Park recorded in Plat Book 2, Page 96, of the Public Records of Palm Beach County, Florida. 2. Reservations of the Trustees of the Internal Improvement Fund of the State of Florida contained in Deed Book 751, Page 209, ofthe Public Records of Palm Beach County, Florida. 3. Taxes for the year 2006 which are not yet due or payable. 4. Mortgage between Boynton Beach Fifth Avenue Realty LLC and Federal Bank and Trust recorded in Official Records Book 18916, Page 1574, of the Public Records of Palm Beach County, Florida. 8. Assignment of Leases as recorded in Official Records Book 18916, Page 1581, and UCC recorded in Official Records Book 17969, Page 1062, both of the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, I have hereunto set my hand and seal on this the 30TH dayof January, 2006. PI( PERRY (f1 KERN, ~A. ATTORNEYS AT LAW 50 S.E. FOURTH AVENUE DELRAY BEAclI. FLORIDA 33483 MARK A. PERRY KEITH D. KERN CHRISTY S. BERKS TELEPHONE 561.276.4146 FACSIMILE 561.276.3859 30 January 2006 PARALEGAL LEIGH MANERI OPINION OF TITLE LEGAL ASSISTANT JENNIFER L. TORRENCE I, KEITH D. KERN, a duly licensed attorney in the State of Florida, do hereby certify that I have examined the following property: Lots 73, 74 and 74A, ARDEN PARK, according to the Plat thereof on me in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 2, Page 96, LESS that part of Lot 74A, more particularly described as follows: Begin at the Southeast comer of said Lot 74A, thence run Northeasterly along the East line of Lot 74A, a distance of 146.45 feet to the North line of Lot 74A, a distance of 20.38 feet to a point, thence Southerly at right angles to the said North line of Lot 74A, a distance of 145.00 feet to the Point of Beginning. That, as of 29 December 2005, title to the property is vested in DEBBIE LYNN CORPORATION, a Florida corporation company evidenced by Quit-Claim Deed recorded 29 September 2004 in Official Records Book 17569, Page 1070, ofthe Public Records of Palm Beach County and that the taxes for the year 2005 have been paid. The property is subject to the following: 1. All matters contained on the Plat of Arden Park recorded in Plat Book 2, Page 96, of the Public Records of Palm Beach County, Florida.. 2. Reservations of the Trustees of the Internal Improvement Fund of the State of Florida contained in Deed Book 751, Page 209, of the Public Records of Palm Beach County, Florida. 3. Taxes for the year 2006 which are not yet due and payable. IN WITNESS WHEREOF, I have hereunto set my hand and seal on this the 30TH dayof January, 2006. PI( PERRY (f1 KERN, ~A. ATTORNEYS AT LAW 50 S.E. FOURTH AVENUE DELRAY BEACH. FLORIDA 33483 MARK A. PERRY KEITH D. KERN CHRISTY S. BERKS TELEPHONE 561.276.4146 FACSIMILE 561.276.3859 PARALEGAL LEIGH MANERI 30 January 2006 LEGAL ASSISTANT JENNIFER L. TORRENCE OPINION OF TITLE I, KEITH D. KERN, a duly licensed attorney in the State of Florida, do hereby certify that I have examined the title to the following property: Lots 71 and 72 ARDEN PARK SUBDIVISION, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 2 Page 96. That, as of 29 December 2005, title to the property is vested in MARY ANN MONNIN, a married woman evidenced by Warranty Deed recorded 22 December 2005 in Official Records Book 19707, Page 1162 of the Public Records of Palm Beach County and that the taxes for the year 2005 have been paid. The property is subject to the following: 1. All matters contained on the Plat of Arden Park recorded in Plat Book 2, Page 96, of the Public Records of Palm Beach County, Florida. 2. Reservations of the Trustees of the Internal Improvement Fund of the State of Florida contained in Deed Book 751, Page 209, of the Public Records of Palm Beach County, Florida. 3. Taxes for the year 2006 which are not yet due or payable. IN WITNESS WHEREOF, I have hereunto set my hand and seal on this the 30TH dayof January, 2006. PI( PERRY & KERN, ~A, ATTORNEYS AT LAW 50 S.E. FOURTH AVENUE DELRAY BEACH, FLORIDA 33483 TELEPHONE 561.276.4146 FACSIMILE 561.276.3859 MARK A. PERRY KEITH D. KERN CHRISTY S. BERKS 30 January 2006 PARALEGAL LEIGH MANERI OPINION OF TITLE LEGAL ASSISTANT JENNIFER L. TORRENCE I, KEITH D. KERN, a duly licensed attorney in the State of Florida, do hereby certify that I have examined the following property: SEE ATTACHED EXHIBIT~' LEGAL DESCRIPTION That, as of 29 December 2005, title to the property is vested in PAPER ROLL PRODUCTS OF FLORIDA, a Florida corporation company evidenced by Warranty Deeds recorded in Official Records Book 3717, Page 1553 and Official Records Book 4974, Page 1555, both of the Public Records of Palm Beach County. The property is subject to the following: 1. All matters contained on the Plat of Arden Park recorded in Plat Book 2, Page 96, of the Public Records of Palm Beach County, Florida. 2. Reservations of the Trustees of the Internal Improvement Fund of the State of Florida contained in Deed Book 751, Page 209, of the Public Records of Palm Beach County, Florida. 3. Taxes for the year 2005 which are unpaid and due and payable. 4. Taxes for the year 2006 which are not yet due and payable. IN WITNESS WHEREOF, I have hereunto set my hand and seal on this the 30TH dayof January, 2006. ' . EXHIBIT "A' LEGAL DESCRIPTION A part of Lots 74A, 75, 76 and 77, according to the Plat of ARDEN PARK, Boynton Beach, Florida, as recorded in Plat Book 2 on Page 96, Public Records of Palm Beach County, Florida, said part being more particularly described as follows: Begin at the Southeast corner of said Lot 74A; thence Easterly, along the South line of said Lot 75, a distance of 59.37 feet to a point being 90.63 feet West of the Southeast corner of said Lot 75; thence Northerly, at right angles to the said South line of Lot 75, a distance of 144.97 feet to a point in the North line of said Lot 77, said point being111.00 feet West of the Northeast corner of said Lot 77; thence Westerly along the said North line of Lot 77 and the North line of said Lot 74A, a distance of 59.37 feet; thence Southerly, at right angles to the said North line of Lot 74A, a distance of 144.97 feet to the Point of Beginning, AND A part of Lots 75, 76 and 77, according to the Plat of ARDEN PARK, Boynton Beach, Florida, as recorded in Plat Book 2 on Page 96, Public Records of Palm Beach County, Florida, said part being more particularly described as follows: Begin at the Northeast corner of said Lot 77; thence Westerly, along the North line of said Lot 77, a distance of 111.0 feet; thence Southerly, at right angles to the said North line of Lot 77, a distance of 144.97 feetto a point in the South ,line of said Lot 75; thence Easterly, along the said South line of Lot 75, a distance of 90.63 feet to the Southeast corner of said Lot 75; thence Northeasterly along the East line of said Lots 75, 76 and 77, a distance of 146.45 feet to the point of beginning.