LEGAL APPROVAL
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MEEORANDUM
TO: Mr. Grady Swann, Finance Director
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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.
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o ES {J. GOLDEN
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cc: Mark Bidwell
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Form No. 121, Revised 5/1/75 .
DIRECT PAYMENT REQUISITION
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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withdrawn based on legal opinion that application was not necessary
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., . 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
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JAN .28 '1990 .
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PLANNING DEPT. MEMORANDUM NO. 90-002
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TO: Mr.J. Scott Miller
City Manager
THRU:
Timothy P. Cannon ~~
Interim Planning Director
FROM:
James J. Golden
Senior City Planner
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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.
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ES . GOLDEN
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PM90.002
RECEJrV:ED
JAN .9 1990
PLANNING DEPT.
cc: City Attorney
Finance Director
Roger Kuver
Central File
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RECEIVED
JAN 5 '1990
CITY MANAGER'S OFFICE
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Coscan Florida, Inc.
Suite 400 East Building
1900 Corporate Boulevard N,W.
Boca Raton. Florida 33431
(407) 994-1433
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pLANN\NG oc-Pl.
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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,
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Mark A. Bidwell
Director of Planning & Engineering
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Boca: (407) 994-1433 · Dade: (305) 935-1292 · Broward: (305) 427-3204 . N. Palm Beach: (407) 736-8118
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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
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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.
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(J JA S J.. GOLDEN
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cc: Thomas Lira
central File
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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
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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.
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RaYmond Rea, City Attorney
RR/r
Ene. as stated
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RECEIVED
OCT 3 1989
PLANNING DEPT.
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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.
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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
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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
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cc: Coscan Florida, Inc. (w/enc.)
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RE:
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MEMORANDUM
August 29, 1989
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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?
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OJAMES(lJ. GOLDEN
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cc: Tambri Heyden
Thomas Lira
Central File
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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'., . :' "
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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
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RECEIVED~
SEP .15 1989
PL^NNING DEPT.
RECEIVED
SEP 14 ~9
CITY MAN^GER'S OFFIC\;
an FPL Group company
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FLORIDA
PUBLIC
UTILITIES
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COt\1PANY
AOORI" .r~L'" '0 COMP""", A'
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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,
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;B.R. Becker
Engineer
RECEIVED
SEPIW~t:JV~-~D
PLANN\NGSb~P\} lr)fJ:'
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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.
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o JAMES' J. GOLDEN
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