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CORRESPONDENCE AVIROM & ASSOCIATES, INC. SURVEYING & MAPPING 50 S.W. 2ND AVENUE, SUITE .,02 BOCA RATON, FLORIDA 33432 [56") 392-2594 · FAX [56") 394-7"25 TO: Mr. Michael Rumpf City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Via: Drop Off DATE: February 6, 2001 RE: BOYNTON COMMERCE CENTER .lOB NO.: 4109-29 D AS REQUESTED D ENCLOSED HEREWITH D FOR YOUR FILJE FOR APPROVAL ITEMS SENT: Per your request at pre-submittal meeting for vacation of ingress/egress/utility easement for the above referenced project: . Copy of cover page of the plat "Boynton Commerce Center" . Copy of property owners documents COMMENTS: Should you have any questions or comments, please do not hesitate to contact me. deL ((J~~ ByfJOhn T. Doogan, For the Firm Alfaro, Jose To: Subject: Rumpf, Michael RE: Question re easements Mike: The way I see it, Commission acceptance and approval of the plat does not necessarily means acceptance of the easement as "public", specially if this plat is dedicating it to the Association. Therefore, the easement can not be abandoned by the City. I assume that the proposed relocation of the easement would be subject of a site plan modification. Your thoughts, please, JOSE -----Original Message----- From: Mazzella, Pete Sent: Wednesday, February 14, 2001 10:38 AM To: Alfaro, Jose Subject: RE: Question re easements Jose If the easement was platted, and the City Commission approved and signed the plat, that would seem like an acceptance to me. Are they actually abandoning the utilities easement, or are they just changing the traffic pattern, and therefore only abandoning the access portion? Please let me know. Peter Mazzella ----Original Message----- From: Alfaro, Jose Sent: Wednesday, February 14, 2001 10:33 AM To: Mazzella, Pete Cc: Rumpf, Michael Subject: RE: Question re easements Pete: The access easement subject of this "e-mailing" is the access easement in the Plat of Boynton Commerce Center (south of Lowe's), dedicated to the Association. An application has been received in Planning and Zoning to "abandon" it. As per plat, the access easement is also a utilities easement. My question for you is: Did the City (Utilities Dept.) ever accepted use and maintenance of the easement? Thanks for your time. JOSE ----Original Message---- From: Rumpf, Michael Sent: Tuesday, February 13, 2001 3:37 PM To: Alfaro, Jose Subject: FW: Question re easements I think this is our answer. Mike -----Original Message----- From: Igwe, Nicholas Sent: Tuesday, February 13, 2001 2:40 PM To: Rumpf, Michael Subject: RE: Question re easements I do not believe that a dedication to HOA is same to public. Even if the dedication was made to the City, there has to be a formal acceptance of the dedication for the City to be responsible for the easement. Questions to ask would be: Who maintains the easement? Did the City ever accepted use and maintenance of the easement? If not then it is not a 1 City property. ----Original Message----- From: Rumpf, Michael Sent: Tuesday, February 13, 2001 1 :46 PM To: Igwe, Nicholas Subject: RE: Question re easements You know how easements are "dedicated to the public use, access, etc,". Instead this plat reads "dedicated to the property owners association" and it does not indicate for public access. Do not think in terms of minor modification, only think of means of relocating the access easement and whether it requires commission action to abandon it. Jose was wondering if it was not dedicated to public use (city), than would it take city action to abandon it? I know it seems like a simple question but the logic makes sense. I may have simply overlooked this on similar applications in the past and assumed that city action was required, Thanks again, Mike -----Original Message----- From: Igwe, Nicholas Sent: Tuesday, February 13, 2001 1: 15 PM To: Rumpf, Michael Subject: RE: Question re easements I don't quite get it. What do you mean by "public"? Do you mean Commission? First, though this sounds like a private issue to me, I am not certain as to how the relocation of the easement may constitute minor/major modification to approved site plan. Does this make sense? -----Original Message---- From: Rumpf, Michael Sent: Thursday, February 08,2001 12:52 PM To: Igwe, Nicholas Subject: Question re easements Nick, Jose asked me the question if a plat indicates that an easement was dedicated to the property owners association (and did not specifically indicate that it was dedicated to the public or for public access, would the relocation of the easement require public approval. Does that question make sense? What do you think? Mike 2 Alfaro, Jose To: Cc: Subject: Mazzella, Pete Rumpf, Michael RE: Question re easements Pete: The access easement subject of this "e-mailing" is the access easement in the Plat of Boynton Commerce Center (south of Lowe's), dedicated to the Association. An application has been received in Planning and Zoning to "abandon" it. As per plat, the access easement is also a utilities easement. My question for you is: Did the City (Utilities Dept.) ever accepted use and maintenance of the easement? Thanks for your time, JOSE -----Original Message---- From: Rumpf, Michael Sent: Tuesday, February 13, 2001 3:37 PM To: Alfaro, Jose Subject: FW: Question re easements I think this is our answer. Mike ----Original Message----- From: Igwe, Nicholas Sent: Tuesday, February 13, 2001 2:40 PM To: Rumpf, Michael Subject: RE: Question re easements I do not believe that a dedication to HOA is same to public. Even if the dedication was made to the City, there has to be a formal acceptance of the dedication for the City to be responsible for the easement. Questions to ask would be: Who maintains the easement? Did the City ever accepted use and maintenance of the easement? If not then it is not a City property. -----Original Message----- From: Rumpf, Michael Sent: Tuesday, February 13, 2001 1 :46 PM To: Igwe, Nicholas Subject: RE: Question re easements You know how easements are "dedicated to the public use, access, etc,". Instead this plat reads "dedicated to the property owners association" and it does not indicate for public access. Do not think in terms of minor modification, only think of means of relocating the access easement and whether it requires commission action to abandon it. Jose was wondering if it was not dedicated to public use (city), than would it take city action to abandon it? I know it seems like a simple question but the logic makes sense, I may have simply overlooked this on similar applications in the past and assumed that city action was required. Thanks again, Mike ----Original Message---- From: Igwe, Nicholas Sent: Tuesday, February 13, 2001 1: 15 PM To: Rumpf, Michael Subject: RE: Question re easements I don't quite get it. What do you mean by "public"? Do you mean Commission? First, though this sounds like a private issue to me, I am not certain as to how the relocation of the easement may constitute minor/major modification to approved site plan. Does this make sense? ----Original Message---- 1 From: Sent: To: Subject: Rumpf. Michael Thursday, February 08,2001 12:52 PM Igwe, Nicholas Question re easements Nick, Jose asked me the question if a plat indicates that an easement was dedicated to the property owners association (and did not specifically indicate that it was dedicated to the public or for public access, would the relocation of the easement require public approval. Does that question make sense? What do you think? Mike 2