CORRESPONDENCE
.JELL SOUTH
TELECOMMUNICATIONS @
P. S. Davis
Operations Manager -
Outside Plant Engineering
Room 501
326 Fern Street
West Palm Beach, Florida 33401
407 837 -6355
FAX 407 833-9898
September 13, 1994
Mr. Vincent A. Finizio
Deputy City Engineer
P. O. Box 310
Boynton Beach, Florida 33425-0310
RE: Abandonment of a Portion of
Railroad Avenue
Dear Mr. Finizio:
Attached is the executed easement granted to BellSouth
Telecommunications for its facilities in the Railroad Avenue right-
of -way. This easement is satisfactory to BellSouth Telecommunications
and we therefore no longer object to this abandonment.
If you have any questions, please call Larry Mayernik at 407-837-
6404.
~~
P. is
Director
LFM:ds
PHOTOCOPIES OF
THIS FORM NOT
ACCEPTABLE
~~i~~9 FLORIDA DEPARTMENT OF REVENUE
RETURN FOR TRANSFERS OF INTEREST IN FLORIDA REAL PROPERTY
1111
Alignment Boxes
1m <( BY USING "ALIGNMENT BOXES" TYPED & LINE PRINTED DATA WILL FALL WITHIN ALL FIELDS .rTll
IIF TYPING THIS DOCUMENT. TYPE AN "X" IN THE THIS IS A MACHINE READABLE FORM. IF HAND PRINTING A BlcIDIEIFIG-IH I J KL M NIDlplQ R
ALIGNMENT BOXES ABOVE, CARRIAGE RETURN THIS DOCUMENT, PLEASE PRINT NUMBERS CAREFULLY S TluIVIWIXIYI~ 01 2 3 '+ 5161l181Cl
AND TYPE THROUGH THE HANDPRINT BOXES. WITHIN THE BOXES AS SHOWN AT RIGHT. ~
PARCEL
IDENTIFICATION
NUMBER
is THIS TRANSACTION A ISJ 0
IS THIS A MULTI-PARCEL D/12I.t SPLIT OR CUTOUT FROM
TRANSACTiON? - YES NO ANOTHER PARCEL? -YES / NO /
Last Name First Name M.1.
GRANTOR I~ IJ: I(f l' I..- H ~il 1f~ d
(Seller) I'--
PHONE )
NO. ~ CORPORATE 1J I/'~ ~Fi~a~ ~ ~ D ,) L
NAME
~t N::;ell7 /tIp" dlv M.I.
II',: GRANTEE lJkl ~ .A~ ~
r:.s-tU'
(Buyer)
STREET .~ ? ~ ,....... ~ ~ .( / l-
i' ADDRESS ~-It'"
~. 1/ - ~ p "" / t 6 ,; ~), y IL ZIP S I~ _. #~ )
im CITY/STATE "} ~ -
V '-- w ~ "" CODE "7
,1:< ( rill) rJ ) r-~ 17 (" ~ - ;r:: CORPORATE ~ IP;: J 1/- 1('"'" ...... . -
PHONE I 7
v NAME ~ V -#'
NO.
DATE C F SALE SALE PRICE
~/$ PROPERTY LOCATED IN: ~ COUNTY, FLORIDA
Month Dav Yea r (COUNTY CODES ON REVERSE)
TYPE OF DOCUMENT ) Warranty 0 Quit Claim 0 Contract / Agreement 0 Other ~
Deed Deed for Deed
TO THE BEST OF YOUR KNOWLEDGE, WERE THERE UNUSUAL CIRCUMSTANCES OR CONDITIONS TO THE SALE. MARK (X) THOSE THAT APPLY:
Tltte Detects B Sate unde< Du,""s B Related to 5otle< B Foreed ../e by Court D_ B
Mineral Rights Foreclosure Sale of a Partial or
Undivided Interest Other
Institutional/
Residential Commercial Industrial Agricultural Miscellaneous Government Vacant Lot Acreage
PROPERTY 0 13 0 0 0 0 0 0
TYPE AT TIME
OF SALE?
TO THE BEST OF YOUR KNOWLEDGE, YES D/IX) NO IF "YES", PLEASE STATE THE
~, WAS UNUSUAL PERSONAL ~ ~ AMOUNT ATTRIBUTABLE TO ~ $
PROPERTY INCLUDED IN THE SALE? THE PERSONAL PROPERTY
,
I~, AMOUNT OF DOCUMENTARY STAMPS AFFIXED TO DOCUMENT? )$
,
11'1' IF ITEM NUMBER 10 is "ZERO", IS DEED EXEMPT FROM DOCUMENTARY D/~ fit: WAS THE PROPERTY 3 0
,~i~, IMPROVED AT THE TIME /
STAMP TAX UNDER s201.02(6), FLORIDA STATUTES? YES NO in OF SALE? YES NO
CLERK'S DATE STAMP
TO BE COMPLETED BY THE CLERK OF THE CIRCUIT COURT'S OFFICE
O.R. BOOK ~
AND
PAGE NUMBER ~
.... FILE NUMBER
.... DATE BOOK & PAGE NO.,
OR FILE NO. RECORDED
Month
Day
Year
"CLERKS OFFICE TO RETAIN WHITE COPY FOR DEPARTMENT OF REVENUE REPRESENTATIVES - SEND CANARY COPY TO PROPERTY APPRAISER"
~416-.~-fL
i 11.tJ~ i
STATE OF FLORIDA
BELL SOUTH
TELECOMMUNICATIONS @
COUNTY OF PALM REACH
EASEMENT
For and in consideration of TEN dollars ($ 10. 00 I and other good and valuable
consideration, the adequacy and receipt of which is hereby acknowledged, the undersigned owner(s) of the premises
described below, hereinafter referred to as Grantor, doles) hereby grant to BELLSOUTH TELECOMMUNICATIONS,
INC., a Georgia corporation, its licensees, agents. successors, assigns, and allied and associated companies,
hereinafter referred to as Grantee, an easement to construct. operate, maintain. add, and/or remove such systems of
communications, facilities, or related services as the Grantee may from time to time require upon, over, and under a
portion of the lands described in Deed Book ONE ,page 33 ,
County, Florida, Records, and, to the fullest extent the grantor has the power to grant, upon, over, along, and under
the roads, streets, or highways adjoining or through said property. The said easement is more particularly described
as follows:
All that tract or parcel of land lying in Section 20
Meridian.
,Township 458 , Range 43E
County, State of Florida, consisting of a
(strip) (parcel) of land
SEE SCHEDULE "A"
The following rights are also granted: the exclusive right to allow any other person, firm, or corporation to attach
wires or lay cable or conduit or other appurtenances upon, over, and under said easement for communications or
electric power transmission or distribution; ingress to and egress from said easement at all times; the right, but not
the obligation, to clear the easement and keep it cleared of all trees, undergrowth, or other obstructions; the right,
but not the obligation, to trim and cut and keep trimmed and cut all dead, weak, leaning, or dangerous trees or limbs
outside the easement which might interfere with or fall upon the lines or systems of communication or power
transmission or distribution; and the right to relocate said facilities, systems of communications, or related services
on said lands to conform to any future highway relocation, widening, or improvements.
To have and to hold the above granted easement unto BellSouth Telecommunications, Inc., its licensees, agents,
successors, assigns, and allied and associated companies forever and in perpetuity.
Grantor warrants that grantor is the true owner of record of the above described land on which the aforesaid
easement is granted.
SPECIAL STIPULATIONS OR COMMENTS:
The following special stipulations shall control in the event of conflict with any of the foregoing easement:
Preparer's name and address:
(Return document to the
BellSouth address on back)
1h1s Instrument Prepared BJ:
SOUTHERN BB.L
326 fERN STREET
6th ROOR
WEST PALM BEACH, fL 33401
,.,
..,
."
....,
In witness whereof. the undersigned has/have caused this instrument to be executed on the
July . 1994
~~
cia \,: of
Signed. sealed. and delivered
in the presence of:
BURTON METSCH
Name or Corporation
~
;;::? .
B.(.~f- L (::>
Tit .
Attest:
State of Florida
County of PH 1 m Eprlr.h
I HEREBY CERTIFY that Rl1rrrm Mpr ~r.n personally appeared before me and acknowledged
that he/sEKwas the same. The foregoing instrument was acknowledged before me this day of
.Tlll y 1994 ,by Rl1rrnn Mpr~r.n (name and title of officer) of
(name of corporation), a. corporation. on behalf of the
corporation. He/she is personally known to me or has produced nri vpr~ 1 j r.pnsp- as identification
and did/did not take an oath.
Witness my hand and official seal in the County and State last aforesaid. this :2 S' 'f-.... day of
. 1994
Commission Number
~...''''
My.' "ission JlhCULLOM
C{ i:~ MY COMMt. 'CC257387 exPIRES
~'.. ~ February 4, 1997
"'~p.f.~\"" BONllED THRU TROV FAlH INSUIlAN:E,IIC.
Grantor's Address:
Grantee's Address:
18181 Daybreak Drive
Ror.rl Rrlton, Fl. 11496
BellSouth Telecommunications. Inc.
TO BE COMPLETED BY BELLSOUTH TELECOMMUNICATIONS. INC.
Disl riel Wire Cenler Aulhorily
..
" l"',-"
[)r<lwln~ Location Pial Number RIW Number
!\pprov<l1 Tille
-'....
'fl':'..'
':~,:;;:~,",!;j,:",,--~
SCHEDULE "A"
LEGAL DESCRIPTION
A portion of Railroad. Avenue, lying adjacent to a portion of Lot 9
and Lot 10, Block B, PENCE SUBDIVISION NO.1, a subdivision as
recorded in Plat Book 1, Page 33, in the Public Records of Palm Beach
County, Florida and more particularly described as follows:
Beginning at the Northwest corner of Lot 9, Block B, PENCE SUBDIVISION
NO.1; thence run Westerly along the projection of the North line of
said Lot 9, a distance of 10.00 feet to a point, thence run Southerly
along a line parallel to the Easterly Right-of-way line of the F.E.C.
Railroad an angle of 98012'47" measured clockwise from the last
described course, a distance of 153.10 feet to a point, being a
projection of the South line of lot 10, Block B, PENCE SUBDIVISION
NO.1; thence run Easterly along said projected South line with an
angle of 81046'54", measured clockwise from the last described course,
a distance of 10.00 feet to the Southwest corner of said Lot 10;
thence run Northerly along the westerly line of said Lots 9 and 10
with an angle of 98013'06", measured clockwise from the last described
course, a distance of 153.10 feet to the point of Beginning.
KC', .,~. #<_~
l.,ELLSOUTH
TELECOMMUNICATIONS @
Room 501
326 Fern Street
West Palm Beach, FL 33401
July 28, 1994
Mr. vincent A. Finizio
Deputy City Engineer
The City of Boynton Beach
P. o. Box 310
Boynton Beach, Florida 33425-0310
RE: RIGHT-OF-WAY ABANDONMENT FOR A PORTION OF RAILROAD AVENUE
SUBMITTED BY HR. BURTON METSCH FOR THE RIPOWILL ARKS PROJECT
Dear Mr. Finizio:
Southern Bell has received a satisfactory easement from Mr. Metsch
for the above right-of-way. Therefore, we no longer obj ect to this
abandonment.
If you require any additional information please contact Larry
Mayernik at (407) 837-6404.
Yours truly,
~~
LFM/rr
.... .,~
mID
~ Q. : -r.L.-~-0--~
Comcast Cablevision
of West Palm Beach, Inc.
1401 Northpoinl Parkway
Wesl Palm Beach, Florida 33407
~ COMCAST@
July 14, 1994
vincent A. Finizio
Deputy 'city Engineer
City of Boynton Beach
100 E. Boynton Beach, Blvd.
P.o. Box 310
Boynton Beach, Florida 33425-0310
RE: 515 & 513 S.E. 4th Street
Boynton Beach
R.O.W. Abandonment
Dear Mr. Finizio,
Comcast Cable has no objection in the R.O.W. abandonment.
Thank you, r!J ~
Dominique Aumais
Construction Coordinator
DA/lvl
ENGINEERING DEPARTMENT MEMORANDUM
NO. 94-167
TO:
Tambri J. Heyden
Planning & zoning Director
FROM:
vincent A. Finizio
Deputy City Engineer
DATE:
June 8, 1994
RE:
Abandonment at Whipowi11 Arms
Attached for your review and consideration is the City Engineer's
conditions of approval for the above referenced abandonment and as
the other requisite public utility companies have not yet provided
their conditions of approval, I request that in order to facilitate
the applicant's abandonment request, that the matter be placed
before the City's Planning & Development Board as well as the City
Commission with approval being rendered conditioned upon the
applicant adhering to conditions of approval(s) yet to be received
from the subject utility companies.
In most all inst~nces, the utility companies require easements,
etc. and therefore the City's execution of the abandonment and
disclaimer documents should be withheld until such time as the
Engineering Department notifies the City Clerk that full compliance
has been attained.
Should you require any additional information or assistance, please
contact me at ext. 6282.
,-J ' -t A ~. .
vincent A. Finiz~
VAF/ck
C:WHIPABAN.P&Z
xc: City Manager
Ron Last, P.E., City Engineer
LN~
. . . . . . . . . . ......
Lawson, Noble & Associates, Inc.
M
I
N
Q/'H'.
,:.)
TO: Vincent Fininzio, Deputy City Engineer, Boynton Beach
FROM: Ronald W. Last, P.~-5(~
DATE: May 25, 1994
RE: RIGHT-OF-WAY ABANDONMENT
L.N. & A. Project No. 94-174
PROJECT: WHIPOWILL ARMS
Project Right-of-way Abandonment appears to be prepared properly. I have no
objection provided:
1. Planing Department does not have Railroad Avenue listed as a future improved
roadway.
2. Other utilities (Florida Power & light, Southern Bell Telephone, CTV, Gas and
Boynton Utilities) have no objection to abandonment.
ZRP\MEMOS\FININZIO .525
,!~ ~, ":
+
SPEED LETTER@
Director of Utilities
MAt 1994
R
TllITlES ..'0
7Jl
"."-;1
-' ./[,]..) '.
"" - :,/ ;.~ _.' ~:_':-~'-
FROM
TO
Mr. John'Guidry
Sue Kruse
City Clerk
-FOLD NO. <Jor 10
MESSAGE
Attached is a copy of an application for a right-of-way abandonment of a portion of Railroad
Ave., which was submitted by Mr. Burton Metsch in connection with the Whipowi11 Arms project.
Please review and advise of your recommendations for approval or disapproval in accordanc~
with Section 22-40(a) of the Code. Your response should be sent to this office by
June 3, 1994. Please send Tambri Heyden, Planning Director, a copy of your response.
DATE
5/9/94
SIGNED ~~.....,~
REPLY
LV~
+le
l ~ v e: 1/'..,0
p u-o pos~J
o ~ ~ e <-\ ~~ "- ",\0 "-'" ~ 0 ,,-,,,,q.* ., ~
R / \ r _ ~ ~.~L ./
J~ eec.""\:':..o./..... ~
_ FOLD fOR NO. 'I
- FOLD fOR NO. 10
DATE
SIGNED
WllsonJones . Carbon.... . MADE IN U.S.A
44-902 Triplicate. () WilsonJones, 1989
RECIPIENT: RETAIN WHITE COPY. RETURN PINK COPY
Corm;ast Cablevlslon
of West Palm Beach. Inc.
1401 Norfhpoinf Parkway
West Palm Beach, Florida 33407
~COMCAST~
June 3, 1994
vincent A. Finizio
Deputy City Engineer
City of Boynton Beach
100 E. Boynton Beach, Blvd.
P.O. Box 310
Boynton Beach, Florida 33425-0310
Dear Mr. Finizio;
After reviewing the proposed abandonment, Comcast has exist
overhead cable attached to FP&L poles.
At this time we object to
Thank you, ~ ~
the R.O.W. abandonment.
DA/lvl
QCU\A~~
7~u\d.r- ~ ~
LloHCLL.c:s+ Wl \t t~t"
~fd- ~ ~/'7/c:,4
Dominique Aumais
Construction Coordinator
~ J.-
Cc?-: --'/~
.
F=PL
Florida Power & Light Con......ny. P. O. Box. J. Delray Beach, FL 33447-2409
June 14, 1994
Vincent A. Finizio
Deputy City Engineer
City ot Boynton Beach
PO Box 310
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435-0310
Re: Right ot way Abandonment tor a portion ot Railroad Ave.
Dear Mr. Finizio:
FPL has no objections to the abandonment ot the road right-ot-way as described in your
letter dated May 31, 1994.
It you require any additional information, please call me at (407) 265-3104.
Sincerely Yours,
~ dih~
A. G:R~;S"lo~;r
Major Account Manager
~+,~
--:p~ 1&6. ~exn:s. ~
~~f-_J. -
~ b/nJq4-
w m
rn
ill
JUN I 5"
t..
an FPL Group company
.
I=PL
Florida Power & Light Company, P. O. Box ~..1l9, Delray Beach, Fl 33447-2409
June 24, 1994
Tambri Heyden
Director of Planning & Zoning
City of Boynton Beach
PO Box 310
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435-0310
Re: Right of way Abandonment for a portion of Railroad Ave & Boynton Lakes
Shopping Center.
Dear Ms. Heyden:
FPL has no objection to the abandonment of the road right-of-way of Railroad Ave as
described in V. Finizio's letter dated May 31, 1994.
FPL also has no objection to the utility easement abandonment at the Boynton Lakes
shopping center as described in V. Finizio's letter dated May 31, 1994
Enclosed with this letter are standard FPL easement forms with instructions for execution.
Please note that form #3722 is for individuals and #3722A is for corporations.
If you require any additional information, please call me at (407) 265-3104.
Sincerely Yours,
IJ6 ~l
A. G. Russillo, Jr.
Major Account Manager
an FPl Group company
FLORIDA
PUBLIC UTILITIES
COMPANY
ADDRESS REPLY TO COMPANY AT
P. O. Box 3395
West Palm Beach,
FL 33402-3395
June 9, 1994
Mr. Burton Metsch
200 Knuth Road
Suite 248C
Boynton Beach, FL 33436
RE: 513-515 S.E. 4th Street
Dear Mr. Metsch:
Please be advised that Florida Public Utilities Company has no
objection to the abandonment of the existing 30' easement described
in your letter.
At the present time, we have no underground gas distribution
facilities located within the limits of the proposed abandonment.
David E. Pellico
Division Engineer
cc: Mr. M. L. Schneidermann
uro iN
.!,II.',,"'
.dELL SOUTH
TELECOMMUNICAnONS @
P. S. Davis
Operations Manager -
Outside Plant Engineering
Room 501
326 Fern Street
West Palm Beach. Florida 33401
407837-6355
FAX 407 833-9898
~~-rA-~: -tk-..,b--r-
June 28, 1994
Mr. vincent A. Finizio
Deputy City Engineer
The city of Boynton Beach
P. o. Box 310
Boynton Beach, Florida 33425-0310
RE: RIGHT-OF-WAY ABANDONMENT FOR A PORTION OF RAILROAD AVENUE
SUBMITTED BY MR. BURTON METSCH FOR THE WHIPOWILL ARMS PROJECT
Dear Mr. Finizio:
Southern Bell has two buried cables in the subject right-of-way.
Therefore, we must object to the abandonment unless we are granted
an easement to encompass these cables.
If the abandonment is to proceed, or you
questions, please contact Larry Mayernik at
negotiate the required easement.
have
( 407)
any further
837-6404 to
Yours truly,
&~~
outside Plant Engineering
LFM/rr