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LEGAL APPROVAL " MEEORANDUM TO: Mr. Grady Swann, Finance Director .... FROM: Timothy P.. Cannon, Interim Planning Director TC- James J. Go.lden, Senior City Planner THRU: DATE: January 9, 1990 SUBJECT: Quail Run - Request for Refund of Application Fee This is to advise that the City Manager has approved the refund of $350 in connection with subject application fee. ~ f- ftd o ES {J. GOLDEN JJG:frb cc: Mark Bidwell ~ 3 . ............&, ..... . .,.... . .......... .. r"'____.. Form No. 121, Revised 5/1/75 . DIRECT PAYMENT REQUISITION " Please issue a check in the amount of $ 350.00 To: COSCAN FLORIDA, INC. (Thomas Lira) ,1900 Corporate Blvd., N.W., Suite 400 East Bldg. Boca Raton, FL 33431 For: . Refund for abandonment application fee approved by City Manager for application withdrawn based on legal opinion that application was not necessary - .. ., . Request1!!;l {by Sue Kruse Date 1/23/90 . Finance Dept. FUND DEPT BASIC ELE OBJ AMOUNT 001 000 4 413 50 350. po TOTAL 350. )0 Approvals: Dept. Head .City Manager ..~ . , '~. . e.e.; 0;/11 a:"./~C,J. . ....';.i.-.~ f;I>~"''''CET"rT~ ,i.... ". . -, -o.~r:"'Io.&.V,j ~;:J..:.J _.l:-'.A.--' JAN .28 '1990 . PW\NNING f}E~f.. ;.' ,.~. , PLANNING DEPT. MEMORANDUM NO. 90-002 ,Jl~ P ~~ tJ TO: Mr.J. Scott Miller City Manager THRU: Timothy P. Cannon ~~ Interim Planning Director FROM: James J. Golden Senior City Planner '\ DATE: January 2, 1990 SUBJECT: Quail Run - Request for Refund of Application Fee As outlined in the attached correspondence from Mark A. Bidwell, Director of Planning and Engineering for Coscan Florida, Inc., the City Attorney has indicated that the subject lake maintenance easement cannot be abandoned by the City, as it has.been dedicated to the homeowners' association. Based on the above, it is recommended that the request for a refund be granted in the amount of $350. The $400 application fee indicated in the attached letter is incorrect. ~ ~~I:- ML ES . GOLDEN JJG:frb Enc PM90.002 RECEJrV:ED JAN .9 1990 PLANNING DEPT. cc: City Attorney Finance Director Roger Kuver Central File - . --&,d RECEIVED JAN 5 '1990 CITY MANAGER'S OFFICE ~ ~ . . . "l --. ~ Coscan Florida, Inc. Suite 400 East Building 1900 Corporate Boulevard N,W. Boca Raton. Florida 33431 (407) 994-1433 ... . ~Cf.1.\TBD . .tiN 2. l~~tl pLANN\NG oc-Pl. ~ 5 December 28, 1989 Mr. James Golden City of Boynton Beach 200 N. Seacrest Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 RE: ABANDONMENT APPLICATION -QUAIL RUN (LAKE) Dear Jim: I am writing to request a refund of the $400.00 application fee which was submitted for the abandonment of the lake maintenance easement at Quail Run. As you explained to me earlier, since the City is not in the position to grant this abandonment, it is appropriate for the application fee to be refunded to Coscan. Please have the check issued in the name of Coscan Florida, Inc. If you have any questions, please do not hesitate to contact me. Very truly yours, ~ Mark A. Bidwell Director of Planning & Engineering MAB: bsj Boca: (407) 994-1433 · Dade: (305) 935-1292 · Broward: (305) 427-3204 . N. Palm Beach: (407) 736-8118 .~. . ~'.,. .. A:..:l" " a~.;::::.o: t~,. ~~~ ~ ~, :, .{.: .'::- <La:.:. ,J ......... .. ." ~ ...: a. .....{ < ," l'rl,; MEMORANDUM october' 13, ~989 TO: Raym::>nd Rea City Attorney VIA: Ann Toney Acting 'Engineering Administrator FRCM: Roger Kuver Bngineering Inspector RE: Quail Run Abandonnent ReqUest 20! Lake Maintenance EaSeIrent - Tract 1, Quail Run The Engineering Depa.rtm:mt has several concerns. about the' above irentioned' abandonrrerit reqUest~ A' Water ManageI'll8nt tract and '20'" rraintenance easerrent is a requirerrent of City Subdi.vision~P1atting regulations. The' accompanying 8 to 1 slope is an important .factor in .naintaining . water' quality in a lake" that is shared by other concerns besides' the' residents' of' lots 1 through 12. I refer you .to Appendix C, SuJ::division, Platting - pages' 2134, 2151 and 2153 . in this regard. In my opinion the lake cannot be properly naintained" or the' quality of water adequately safeguarded if this abandonnent resUlts in pnstruction that effects the 8 to 1 slope designed to. '.'pretreat" storrrwater ~ nmoff into th::! lake. .. If you haVe any questions on this natter, or, if I can be of' further' assistance,'do not hesitate to call. 4w~. Roger Kuver RK!ck cc: George Hunt, Interim City Manager Jim Golden, Senior City Planner Don Jaeger, Bldg. Official Mike Haag, Dev. Canp1iance Admin. Kevin Hallahan, City lE'orester (., =- "f :' , " i;; : .., MEMORANDUM 11 October 1989 To: Raymond Rea, City Attorney THROUGH: George Hunt, Interim City Manager Carmen S. Annunziato, Planning Director c.Jdr-' FROM: James Golden, Senior City Planner RE: QUAIL RUN ABANDONMENT APPLICATION In order to close my file with respect to the attached memorandum, please advise what action was taken by the City Attorney's Office. O--~. ~ (J JA S J.. GOLDEN /bks cc: Thomas Lira central File .. ........ .......'" .... ____. _ 41:; r... __....... . .. . ;....... ...~. 1 . -..,._~._-,,.. .. .. ~- l' f ~! '. ~ " .; ~!:' '.r. r:~: :.1 . ,~ " .... -', , . t<o"., ~. , MEMORANDUM 4 October 1989 TO: Raymond Rea, City Attorney THROUGH: George Hunt, Acting City Manager FROM: Carmen S. Annunziato, Planning Director RE: Lake Maintenance Easement - Tract 1, Quail Run The Planning Department has no objection to the abandonment of this private easement. C a______ ~ ~ CARMEN s. ANNUNZI~TO /bks 1 TO: MEMORANDUM October 2, 1989 Don Jaeger, Building Official Carmen A~nunziato, City Planner' THRU: George Hunt, Interim City Manager FROM: RaYmond Rea, City Attorney RE: Lake Maintenance Easement - Tract 1, Quail Run Herewith I enclose copy of a letter I received from Marc J. Sternbaum, which I believe is self explanatory. Would you please review the same and provide me with your comments by October 10, 1989, as to the need for said easement. .~~ RaYmond Rea, City Attorney RR/r Ene. as stated " RECEIVED OCT 3 1989 PLANNING DEPT. 'i LAW OFFICES PAUL S. BERGER PETER M. BROOKE MIGUEL M. GONZALEZ HOWARD W. GORDON FRED K, LICK STEIN MELVIN C. MORGENSTERN BARRY N SEMET SEMET, LICKSTEIN, MORGENSTERN & BgRGER, P.A. R 1r".' ",-. -J'" T'T .,..,..., D SUITE 1200, PONCE DE LEON PLAZA . X:' ~ 101 V ~'~ ' 201 ALHAMBRA CIRCLE ...J CORAL GABLES, FLORIDA 33134 (305) 444-1400 , TELEFAX SEP 28 L~Q OF COUNSEL . 'SYDNEY S. TRAUM, P.A, ERIC.J. KAPLAN ClTY ATTORNlYfA, MILLS (30S) 444-276B ~ -- ~ ..-- '-<Ii SUZANNE L. COSTANTINO BRUCE HURWITZ LEWIS.J, LEVEY OAVID B, MITCHELL RONALD PETER ROMAN "'ARC.J. STERNBAUM September ~6~ 1989 HILLSBORO EXECUTIVE CENTER SUITE 20B. BL.DG, 3 700 HILLSBOIlO BLVD, DEERFIEL.O BEACH, FLORIDA 33441 Raymond A. Re~~ Esq. City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach~ FL 33425 Re: Lake Maintenance Easement - Tract l~ 'Quail Run Dear Mr. Rea.: Pursuant to our telephone discussion~ I enclose a proposed document for the vacation and abandonment of the 20' lake maintenance easement running across Lots 1 through 12~ Tract l~ Quail Run. Because the same easement also appeared in the previous underlying plat of Quail Lake West and Tracts 1 and 2~ I have included reference to that plat as well. . I ~~ve provided for joinder by the City to evidence its consent and approval of =be vacation and abandonment. I do not know whether such consent and approval w~ll require only administrative action (perhaps by the Building and Zoning Department) or whether City Commission approval will be required. Accordingly~ I have left a blank in the appropriate place in the document so that we may complete that information when you advise me of the appropriate procedure. ... Please let me know whether you have any other comments on the text of the document so that I may make the appropriate changes before I have it executed by our client. I will then have it sent to you for execution by the City. I will arrange for recording the instrument once it is fully executed. ~y client informs me that the lot owners have asked that this procedure be com- pleted as soon as possible; accordingly~ I would appreciate you prompt response. Very truly yours~ SEMET, LICKSTEIN, MORGENSTERN & BER~A' By: M0!::.ium MJS/lf enc. cc: Coscan Florida, Inc. (w/enc.) }O / ! --. " TO: THRU: THRU: !. FROM: RE: I . I' I MEMORANDUM August 29, 1989 , RaYmond Rea, City Attorney Carmen S. Annunziato, Planning Director George N. Hunt, Interim City Manager James J. Golden, Senior City Planner Legal Issues Concerning the Processing of an Application for the Abandonment of a 20 Foot Wide Lake Maintenance Easement at Quail Run Accompanying this memorandum you will firid a copy of an application submitted by Thomas Lira of Coscan Florida, Inc. for the abandonment of a 20 foot wide lake maintenance easement within the Qu~il Lake West Planned Unit Development. The easement is shown on the plat of "Quail Run", which is a replat of' "Quail Lake". A copy of the dedication for each of the above-referenced plats can be found in Exhibit A. The 20 foot wide .lake maintenance easement is a requirement of Appendix C-Subdivisions, Platting (see pages 2134, 2151, and. 2153 of the Code of Ordinances for a further description of this requirement). With 'respect to the above, please provide a legal opinion concerning the following: 1) Does the abandonment of this easement fall under the jurisdiction of the city? 2) Would the abandonment of this easement constitute a 'violation of the requirements of Appendix C-Subdivisions, Platting? If so, would a variance to the subdivision ,regulations be required? 3) Considering that said easement traverses the property of others (single-family lots), would these property owners have to participate in the abandonment application, if required, or any other applications that may be required in addition .to the abandonment application? ~ 4. fl4 OJAMES(lJ. GOLDEN JJG:cp cc: Tambri Heyden Thomas Lira Central File J~ . '. ".. :~ ~~" . " ~.. .' 'v rJI- . I=PL Box 2409, Delray Beaeh, FL 33447-2409 September 12, 1989 Ann Toney Acting Engineering Administrator City of Boynton Beach P.O. Box 310 ,Boynton Beach, Fl~ 33435 Re: Ut'i 1 i ty Ease~ent Abandonment Quail'Run .. ' Dear f1s. ~~net'., . :' " '," ... '.. FPL 'has no" obj~e~ti ~n' to the abandonment of the uti 1 i ty easement in Qua i 1 Run as described in your letter of August 31, 1989. Yours truly, 1iG~ A.G. Russillo, Jr. Power Service Representative AGR:dm ,~ RECEIVED~ SEP .15 1989 PL^NNING DEPT. RECEIVED SEP 14 ~9 CITY MAN^GER'S OFFIC\; an FPL Group company 1~ --.........-- l "1 , i. " FLORIDA PUBLIC UTILITIES I . \ I . . COt\1PANY AOORI" .r~L'" '0 COMP""", A' . P.O. Drawer C West Palm Beach Florida 33402-3395 September 7, 1989 Ns. Ann Toney Acting Engineering Administrator City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 Dear Ns. Toney: In reply to your letter of August 31, 1989, we wish to advise that Florida Public Utilities Company has no objection to the abandonment of the 20.0 foot wide maintenance easement lying along the northerly Line of Lots 1 through 9 inclusive and the easterly line of Lots ]0 through 12 inclusive, Tract "I" of Quail Run according to the plat thereof recorded in Plat Book 57 on Page 100 of the Palm Beach County Public Records. At the present time, we have no underground gas distribution facilities located ,dthin this easement. Yours very truly, . .tb'~ II c _jl)1P Ity \. ~ .cL 1"1'/ " fJ "/ ./ /'. .. ~/, . I ~... . .1' ".1 ;B.R. Becker Engineer RECEIVED SEPIW~t:JV~-~D PLANN\NGSb~P\} lr)fJ:' ell''.' ~/~ :~~.!'. ~ ,4 MEMORANDUM August 29, 1989 TO: Betty Boroni, City Clerk James J. Golden, Senior City Planner Quail Run - Easement Abandonment ./' FROM: RE: Accompanying this memorandum you will find two copies of the application and related documents for the above. Also enclosed is a check in the amount of $350 to cover the review and processing of the above. . Please advertise this request for a pUblic hearing before the Planning and Zoning Board at the October 10, 1989'meeting and before the City Commission at the October 17, 1989 meeting. ~ /. ~ o JAMES' J. GOLDEN JJG:cp. Encs JS