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21-0271 ORDINANCE NO. 21- 027 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING THE ABANDONMENT OF A 119 -FOOT LONG SEGMENT OF 5 THE 57 -FOOT WIDE SE 21ST AVENUE RIGHT-OF-WAY, EXTENDING 6 FROM THE FEC RAILROAD RIGHT-OF-WAY TO SE 3RD STREET; 7 AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, 8 WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC 9 RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, Applicant is requesting abandonment of a portion of the unimproved 57- 13 foot wide right-of-way of SE 215` Avenue extending from the Florida East Coast Railroad right - 14 of -way to SE 3'd Street for a distance of approximately 119 feet; and 15 16 WHEREAS, staff has determined that the requested abandonment would not 17 adversely impact traffic or other City functions, and would not adversely impact other adjacent 18 property owners; and 19 20 WHEREAS, comments have been solicited from the appropriate City Departments, and 21 public hearings have been held before the City Commission on the proposed abandonment; 22 and 23 24 WHEREAS, staff has determined that the subject right-of-way segment no longer 25 serves a public purpose other than retention of necessary utility easements, if warranted and 26 therefore recommends approval of the request, subject to the accompanying conditions. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 29 BOYNTON BEACH, FLORIDA THAT: 30 31 Section 1. The foregoing whereas clauses are true and correct and incorporated 32 herein by this reference. 33 34 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby 35 abandon a portion of the unimproved 57 -foot wide right-of-way of SE 21St Avenue extending 36 from the Florida East Coast Railroad right-of-way to SE 3'd Street for a distance of 37 approximately 119 feet. The property being abandoned is more particularly described as 38 follows: 39 40 PARCEL 'B' 41 TOGETHER WITH THE NORTH 1/2 OF LOT 14, SUNNY OAKS ADDITION, 42 ACCORDING TO THE PLAT OR MAP THEREOF AS RECORDED IN PLAT BOOK 22, 43 PAGE 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND (S:\CA\Ordinances\AbandonmentsVlbandonmenl of ROW (CLM APTS) - Ordinance.docx 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 EXCEPT THE FOLLOWING PORTION OF THE NORTH 1/2 OF LOT 14 HEREIN DESCRIBES AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE AFORESAID LOT 14, THENCE SOUTHERLY ALONG THE EAST LINE OF LOT 14, A DISTANCE OF 57.21 FEET, TO SOUTHEAST CORNER OF LOT 14; THENCE, FORMING AN ANGLE FROM NORTH TO WEST OF 89°22'15" ALONG THE SOUTH LINE OF LOT 14 FOR A DISTANCE OF 24.43 FEET TO A POINT ON THE SOUTH LINE OF LOT 14, SAID POINT BEING THE NORTHEAST CORNER OF LOT 31 CREST VIEW, AS RECORDED IN PLAT BOOK 23, PAGE 154, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE, FORMING AN ANGLE FROM THE WEST TO NORTH EAST OF 112035'27" FOR A DISTANCE OF 61.95 FEET TO THE POINT OF BEGINNING. CONTAINING 6300 SQ FEET, 0.14 ACRES, MORE OR LESS. Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this 16th day of November, 2021. SECOND, FINAL READING AND PASSAGE THIS 7th day of December, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner —Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: Co Crystal Gibso, MMC City Clerk (Corporate Seal) (S:\CA\Ordinances\Abandonments\Abandonment of ROW (CLM APTS) - Ordinance.dou VOTE YES NO o C21- G"-+ DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of the unimproved 57 -foot wide right-of-way of SE 21' Avenue extending from the Florida East Coast Railroad right-of-way to SE 3'd Street for a distance of approximately 119 feet. The property being abandoned is more particularly described as follows: PARCEL 'B' TOGETHER WITH THE NORTH 1/2 OF LOT 14, SUNNY OAKS ADDITION, ACCORDING TO THE PLAT OR MAP THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING PORTION OF THE NORTH 1/2 OF LOT 14 HEREIN DESCRIBES AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE AFORESAID LOT 14, THENCE SOUTHERLY ALONG THE EAST LINE OF LOT 14, A DISTANCE OF 57.21 FEET, TO SOUTHEAST CORNER OF LOT 14; THENCE, FORMING AN ANGLE FROM NORTH TO WEST OF 89022'15" ALONG THE SOUTH LINE OF LOT 14 FOR A DISTANCE OF 24.43 FEET TO A POINT ON THE SOUTH LINE OF LOT 14, SAID POINT BEING THE NORTHEAST CORNER OF LOT 31 CREST VIEW, AS RECORDED IN PLAT BOOK 23, PAGE 154, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE, FORMING AN ANGLE FROM THE WEST TO NORTH EAST OF 112035'27" FOR A DISTANCE OF 61.95 FEET TO THE POINT OF 1:10t iM1►Lea CONTAINING 6300 SQ FEET, 0.14 ACRES, MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City thison4ay of December, 2021. CITY OF BOYNTON BEACH, FLORIDA 1 stal Gibson, MMC Lori LaVerriere, City Manager City Clerk (S:\CA\Ordinances\Abandonments\Abandonment of ROW (CLM APTS) - Ordinance.docx STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared by means of ❑ physical presence or ❑ online notarization, Lori LaVerriere, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this o day of 2021. 60� NOTARY PUB C, State of FloriZ5 My Commission Expires: ��r FUBi� TAMMY L STANZIONE Commission # GG 306158 E* msMatch Nodry 0 23 (S:\CA\Ordinances\HbandonmentsWbandonment of ROW (CLM APTS) - Ordinence.dou DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 21-012 TO: Chair and Members Planning & Development Board FROM: Luis Bencosme Planner II THRU: Mike Rumpf Planning & Zoning Administrator DATE: October 18, 2021 SUBJECT: Approve request for Abandonment (ABAN 21-004) of the 119 -foot long segment of the 57 -foot wide SE 21 st Avenue right-of-way, between the FEC Railroad Right -of -Way to SE 3rd Street. Applicant: Lawrence Mastropieri, CLM Capital LLC. BACKGROUND The applicant, Lawrence Mastropieri with CLM Capital LLC is requesting to abandon (ABAN 21-004) a portion of the unimproved 57 -foot wide right-of-way of SE 21 st Avenue, approximately 119 feet measured from the Florida East Coast Railroad right-of-way to SE 3rd Street (see Exhibit "A" — Location Map). The request for abandonment is concurrent with a Major Site Plan Modification Application (MSPM 21-002) and a Land Use Map Amendment and Rezoning Application (LUAR 21- 001) for a proposed Infill Planned Unit Development, CLM Apartments, to construct a new four (4) unit apartment building to an existing multi -family development, associated parking and related site improvements. This abandonment is for the following street segment: PARCEL 'B' TOGETHER WITH THE NORTH 1/2 OF LOT 14, SUNNY OAKS ADDITION, ACCORDING TO THE PLAT OR MAP THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING PORTION OF THE NORTH 1/2 OF LOT 14 HEREIN DESCRIBES AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE AFORESAID LOT 14, THENCE SOUTHERLY ALONG THE EAST LINE OF LOT 14, A DISTANCE OF 57.21 FEET, TO SOUTHEAST CORNER OF LOT 14; THENCE, FORMING AN ANGLE FROM NORTH TO WEST OF 89°22'15" ALONG THE SOUTH LINE OF LOT 14 FOR A DISTANCE OF 24.43 FEET TO A POINT ON THE SOUTH LINE OF LOT 14, SAID POINT BEING THE NORTHEAST CORNER OF LOT 31 CREST VIEW, AS RECORDED IN PLAT BOOK 23, PAGE 154, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE, FORMING AN ANGLE FROM THE WEST TO NORTH EAST OF 112035'27" FOR A DISTANCE OF 61.95 FEET TO THE POINT OF BEGINING. CONTAINING 6300 SQ FEET, 0.14 ACRES, MORE OR LESS. The location map attached as Exhibit "A" shows the location of the right-of-way to be abandoned. The attached Exhibit "B" is a Boundary Survey of the portion of the right-of-way to be abandoned and associated legal description. The segment of the right-of-way to be abandonment has an existing driveway that provides access to the adjacent property to the south (2201 SE 3rd Street, Lot 31). The applicant submitted a letter of consent signed by the adjacent property owner, as well as a written agreement regarding the Page 2 Memorandum No. PZ 21-012 ABAN 21-004 relocation of the existing driveway. According to the agreement, the applicant is fully responsible for the construction of an alternate access driveway connecting to SE 3rd Street, as well as the costs associated with the project' (See Exhibit C). A condition of approval has been added to the Development Order to ensure the required access driveway is constructed prior to recordation of this Abandonment application with Palm Beach County (see Exhibit D). The following is a description of the zoning districts and land uses of the properties that surround the subject right-of-way abandonment request: Adjacent Uses: North: Developed multi -family residential parcel (CLM Apartments) classified Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3). South: Developed single-family properties classified Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3). East: Right-of-way of SE 3'd Street; further east developed single-family properties classified Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3). West: FEC Railroad followed by developed multifamily properties classified Medium Density Residential (MEDR) and zoned Duplex (R2). ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and signs posted for the Planning & Development Board and City Commission hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. A summary of the responses follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection. Public Works/Utilities No objection, with the following Conditions of Approval: 1. Provide a 25 -foot wide utility easement along the south property — as depicted on the associated Major Site Plan Modification Application (MSPM 21-002) — prior to permitting (see Exhibit D). 2. Walls, fences and other structures are prohibited within the easement (see Exhibit D). Planning and Zoning No objection, with recommended conditions (see Exhibit D) PUBLIC UTILITY COMPANIES Florida Power and Light No response received as of the date of this report. Should any utility companies that have not responded to the request for abandonment as of the date of this report require relocation of utilities, the property owner is responsible for the Page 3 Memorandum No. PZ 21-012 ABAN 21-004 AT&T relocation and associated costs. No objection. Florida Public Utilities No objection. Comcast No objection. RECOMMENDATION Staff has determined that the requested abandonment would not adversely impact traffic or other City functions and would not adversely impact other adjacent property owners. Based on the above - analysis, staff has determined that the subject right-of-way segment no longer serves a public purpose other than retention of necessary utility easements and therefore recommends APPROVAL of the requests, subject to the attached conditions. Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit "D" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\CLM Apartments\ABAN 21-004\Hbandonment of ROW\CLM Apartments_Staff Report ABAN 21-004.doc ,0 W Boundary Survey for Cf.1( CAPITAL TncvarF L�ECB �a .P4c1 I I $ WEST LANE Dp'a"1O0t� Y 8. 18CA1D: o.N4Ar i j �( 8 17&61'(P6tM) .. 8 u.A-uvn anon ` m - w ro I•` w am m� B- LOT �� _ ?• 0 - 8 I jyyI a 1P I LOT S $8 TF Foe N $ ■ - I LOT ONE 7 I bb j, iSTORrAGE O OCCUPIED �; I h I NAm �OO�y$ I "T1 I � A�f4JJ rau,D Q 1 1 wu 50.00(P) 20th COURT sp S.E. N49.97'(M) Q Q LOT Jp. WWi a ur J 4 �l Re ' I � lel RL90oRcEENCE FDJxD •� lA � F 9 ,"i � II Ren � ----- - � •T i`� � F .W.o LOT II 18 I ' LOT 11 m64 4 - 'A' i PARCEL g N I ueR fn olo i � �� I 4TAw y ~ LOT - �• ® 12 ,. i j T110 STORYZ p{ RESIDENCEgg gg 121 D7 R p S 9 [r LOT f I 15 LIMIT OF PLAT �' Ufa mta LOT mw I f3ji� a w,c 13 Awo m 'J' ICII 1 I y Ij �•LiI�C�� 1 Y � � �tb. I vuC�t ina�l. iq »GYM H•_._�°'.'_"_ axm Nu:D � l �.+p'_ ITa 177 - _. - r�• F� D 8- R Rm 1ix Rm a01P4w7 PDu I "I - - _• •-•- 119.40'(P&M) '�G DQE) A 6 -•�•4b(Pj `4r(N 1/2 OF M !R) i J:w u0rt6i oo �. * • I S.E. 21st AVENUE C -- i nYaz �,�Fy'r "IY m. 'h r' S.E. 21st AVENUE r sD'MaH ar-DIRT _-sgBHytnr�P ILJl:�E LpL 1� - - LESS AND I - Aa EXCEPT AXE MD,H RIaT °` WAY 4 i PARCEL B. LO t4 _ ,1 rot: Y1t i � YA2rnAW xnuo W e�?��J k� so 172LTOFNa° T/oi ��� rw �• nw LOT 14 ° aoTPn) I 104.56' P ' m alFc 11 sp.aa' Il 7D4.11'(M) aR� JAt` LIMIT OF Rao _ PLATPARIN � - aI m z SURVEYOR'S NOTES L0T�31 $KI Z () T EXISTING 'MPROVEYENTS NOT LOCATED EXCEPT AS SHOWN. LEGAL DESCRIPTION 'A I rya m r o.1F Aars e YI O i LEGAL DESCRIPTION PRG,CED BY CLIENT. PARCEL LOTS 6. % 10. 11, 12 AND I3, SUNLY LYJLS J -1 y I P.B. 23, PG. 151 -N-II m ^ I y" SURYE7'OR HAS REVIEWED WEStCOR LN1D Ti1LE '.NSURANCE CpiMIY CgIYRMEM AS KC KCORDIPL TO THE MAR OR PIAT THEREOF K KC No IN PIAT BO01f 22. PACE 10 OF lIS xoi N4UpFD A I OacL4H[D I m 120-69484, DATED SEPTEMBER 17. 2020. AT 800 AY, ALL PLOTTARLE EXCEPTIONS SHOWN HEREON. PUBLIC RECORDS Oi PALM BEACH COUNTY, FLORIDA I 4yq ~ m I.'1.� SURVEY IS NOT VALID WRMOUT A RAISED SEAL, CONTAI ING .14,154 50 FEET, O.n ACRES. YORE OR LCSS. 4�\,. I�:4' 9A BEARINGS. IF SHOYM. ARE BASED ON THE RECORD PUT. PARCEL 'IF ALL MEASUREMENTS ME IN ACCORDANCE H1H THE UNITED STATES STANDARD, 119NG TOGETHER WRH THE NIXiTH 1/2 OF LOT 14, SUNNT Ma,-- m 11a MND J�4' FEET' OAKS ADOAS R ACCORDING TO THE PUT . MAP AS OED IN PUT e00M 22. PAGE 10 ADDITIONS OR DELETIONS TO SURVEY IMPS OR REPORTS W OTHER THAN THE OF THE IC RE OF THE PUBLIC RECORDS of PALM BUCM Cahn. LOT 30 SIONING PARTY OR PARTIES IS PRONR- WTT110UT WRITLEN CONSENT OF THE FLORIDA. SCH- PARTY OR PARTIES, LESS AND EXCEPT THE FOLLOWING PORigN OF THE ELEVATIONS ELEVATIONS ARE REFERENCED TO THE FLORIDA DEPARTMENT OF THARSPORTATION HIGH NORTH 1/2 OF LOT 14 HEREIN DESCRIBES AS ACCURACY NETWORK, NORTH AMERICAN VERTICAL DATUM (N.A.vo.) 19M Fd10WS; WESTCOR LAND TITLE INSURANCE COMPANY SIDEMALX ENCROACHES PROPERTY ON EAST SIDE. BEGNNNG .T T NORTHIISSTS CORNER of THEAFO Y K014G THE LOT it, THENCE SANCE TITLE COMMITMENT FILE /20-69494, NO SEA$CH INS BEEN MADE BY BOB BUGGEE, INC REGARDING TITRE TO LOT 14 OF EAST LINESAID G SOOTTEAST LINE OF LOT 14, A DISTANCE EN E, TI FLET. TO CORNER OF LOT 14; HENCE, FORTING M DATED SEPT 17, 2020 6:00 A.M. SUNNY CAKs. TGI DESCRIPTION AND LESS WT PORTION, K SHOWN HEREON. BASE0 ON INFORMATION PROVIDED Br THE CITY OF -TON BEACH AND URBAN ANCLEEFRO ANGLE FROM NORTH t0 WEST Of 89'x2'15- ALONG SCHEDULE B, SECTION 2 EXCEPTIONS DESIGN SNDA. THE SOU1H UNE OF LOT 14 FORA DISTANCE W 2,.43 FEET To A POINT ON THE SOUTH LINE OF LOT I.) DEFECTS. BENS. E-UMBRANCES. ADVERSE C.. - NOT PLOTTABLE CERTIFIED TO: SVD PONT BEING THE NORTHEAST CORNER 3 LOT St CREST NEW A5 RECORDED IN PIAT BOOM x3 2.) RIGHTS OR CU'M5 - N01 PLOLiABIE 2tOJ BE 3RD ST, LLL, A FLORIN PAGE 54, OF THE PUBLIC RECORDS OF PILY BEACH ].) ENCPAOCHMENi<_ _ AS SHOWN ON SURVEY LIMffED LANLTT COMPANY COUNTY. FLORIM THENCE. FORMING AN ANGLE FROM 4J EASEMENTS NOT RECORDED - NOT PLOTTKLE 3J TA%ES OR ASSESSMENTS - NOT PLOTTAILE LARRY MASTIOPSRI ADDED LEGAL. LOT T4, LOT 31 - 08/20/2021 THE WEST TO NORTH EAST OF 11235'xT Fqt A DISTANCE OF 61.95 FEET TO THE POINT OF BEGINNG. 6.) TAXES FOR YEAR 2020 - HOT IE BE- LOTS 14 6 31 08/03/2021 CONTAINING 6]00 50 FEEL, 014 ACRES, MORE OR - NOT 7.) EASE FOR WLAT BSEWER/GAS -NOT PIAS SR)I 8.) EASEMENTS PUT BOOM PAGE 10 - SHOWN ON SPINET CL4 CAPITAL LESS IS 9.) UNE RICT DRAINAGE DISTRICT RY 414CERY CASE - NOT PLOTiABLE PARCEL 'G' 10.) P1Ai BOON 1. PAGE 4 -NOT PLOTTABLE E PREPARED BY. �iCA,nDN LOT 31. CREST NEM, ACCORDING TO THE PLAT t1.) ORDINANCE /OW -0), O.R.B. 11694, PAGE 1851 - AS SHOWN ON ON SURVEY ORDINANCE ,2.) MEMENT(S) O.R.B. 5441, PG. 1693 - NOT PLOTTABLE I HEREBY C I:M Bob Bll ee, Inc. AND gg I 1 MADE TONISTHEU THEREOF, RECORDED WINE OFFICE OF ME CLERK OF E CIRCUIT COURT IN AND FOR PALM BEACN COUNTY, iL(NIp,1, RECORDED :NNPUT BOOK 23, PAGE ty4. ,3.) EASEYEM(S) O.R.B. 24688, PG. 1624 - NOT PLOTTABLE 14.) EKEYENi(S) O.R.B. 12585. K. 59] - NOT PLOTTARLE IS) u- OF TRLE O.R.B. IIW3, PG. 271 - NOT PLOTTABLE iFR�TF A BEST IS - ' "" : -ECT the "SURVEYOR" PO. BOX 24]88) CONTAINING 7984 SO FEET, 0.18 ACRES, MORE OR I6.) EASEAICNT(S) O.R.B. 12709, PG. 819 - NOT PL07QU 1).) IXISTING UMRECOROEO LEASES - NOT PLOnABLE ROBERT /N��R(,�,(,��I(1�.v.EJ `OR ]302 BOYNTON BEACH, F-MIDA 3N24 SURVEY A MAPPING BUSINESS LE55, 233 E G1EW BOyry10LI 1FOCH LW (/890 DATE of FIELD-,O9JL2/7C MI -732-7877 -" DWG 1011046x0_11 -x0-21 ABUTTING PROPERTY OWNERS CONSENT TO ABANDON Before me, this day personally appearedr` �'t�( �La- who, being duly sworn, deposes and says: 01-- F NZC*-_.-;E__CJ: E He is the owner of: 2201 SE 3RD ST BOYNTON BEACH FL 33435 Legal Description: CRESTVIEW-BOYNTON BEACH LOT 31 Parcel Control Number: 08-43-45-33-03-000-0310 j Owner: Enock Elie Ll (Signature) He is the owner of: 2107 SE 3RD ST BOYNTON BEACH FL 33435 Legal Description: SUNNY OAKS ADD LTS 10 TO 13 INC Parcel Control Number: 08-43-45-33-13-000-0100 Owner: 2107 SE DST LLC (Managing ^Membe Lawrence A Mastropieri Jr) (Signature) V Vt ) 9I2� Z, They have been furnished drawing which cle rly indicates the right-of-way to be abandoned (Lot 14 of the subdivision of Sunny Oaks) and its relationship to their properties. They hereby consent to the abandonment of the described petition site which is North to the property located at 2201 SE 3RD ST BOYNTON BEACH FL 33435 (08-43-45-33-03-000-0310). They hereby agree that the owner of 2107 SE 3RD ST BOYNTON BEACH FL 33435 will construct an alternative access driveway to 2201 SE 3RD ST BOYNTON BEACH FL 33435 and incur the cost associated with the project. This agreement is contingent upon the owner of 2107 SE 3RD ST BOYNTON BEACH FL 33435 successfully obtaining final approvals from the city of Boynton Beach for the site plan, rezoning and land use amendment & abandonment for the "CLIVI Apartments" project. Additionally, this agreement is contingent upon the owner of 2107 SE 3RD ST BOYNTON BEACH FL 33435 receiving ROW permit application approval for (Lot 14 of the subdivision of Sunny Oaks) and a building permit application approval for the alternative access driveway to 2201 SE 3RD ST BOYNTON BEACH FL 33435. In the event the owner of 2107 SE 3RD ST BOYNTON BEACH FL 33435 successfully obtains all approvals and permits as referenced above, it is the owner's option to move forward with the "CLIVI Apartments" project, including the co ruction of t e alternative a Pyeway to 2201 SE 3RD ST BOYNTON BEACH FL 33435. (Signature) � ignature) =" 2107 SE 3RD ST LLC (Lawrence`A Mastropieri Jr) C.fI1Enock Elie STATE OF FLORIDA COUNTY OF PALM BEACH 'I The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this �_ day of . 2021, by IVOC-4—c 94 C who is personally know to me or who has produced s identification. �} {,�fi S�0exGr� Signature and name of Notary Public Seal Aures-� .S�c�o� E ubic Stetc of Flonda Siegelmission GG 314WO 3/202023 EXHIBIT D Conditions of Approval Project Name: CLM Apartments File number: ABAN 21-004 Reference: 2nd review plans identified as a Right -of -Way Abandonment with a September 9, 2021 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDEREJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. A 25 -foot wide utility easement along the south property line is X required prior to permitting. PLANNING AND ZONING Comments: 2. Right -of -Way Abandonment approval is contingent upon approval of the associated Land Use Map Amendment and X Rezoning (LUAR 21-001) and Major Site Plan Modification MSPM 21-002 applications. 3. The segment of S.E. 21s' Avenue (a.k.a. Sunny Oaks Addition, Lot 14) to be abandoned is serving a public purpose as it provides access to the adjacent property (Crestview Boynton Beach, Lot 31). Be advised that Planning and Zoning approval of this Right -of -Way Abandonment request is contingent upon the X construction of an alternate access driveway connecting to SE 3rd Street prior to recording the Abandonment documents with Palm Beach County. Please coordinate the submittal of a Right -of -Way Permit for the required driveway with the City's Engineering Division. UTILITY PROVIDERS Comments: 4. Should any utility companies that have not responded to the request for abandonment as of the date of this report require relocation of utilities, the property owner is responsible for the X relocation and associated costs. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None recommended. CITY COMMISSION CONDITIONS Comments: To be Determined CLM Apartments (ABAN 21-004) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL REPRESENTATIONS / COMMITMENTS The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\CLM Apartments\ABAN 21-004\Abandonment of ROW\Exhibit D - ABAN 21-004 COA.doc