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