CORRESPONDENCE
rn @ rn n w ~rnl\
II ~ II
MAR 8 1995 . LJ I
- !,
PLANNING AND I
ZONING DEPT. . J
~
SCOTT
ROYCE
~rn
ATTORNEYS AT LAW
Scon, ROYCE, HARRIS, BRYAN, BARRA & JORGENSEN, P.A.
March 6, 1996
Ms. Tambri Heyden
City of Boynton Beach
Planning and Zoning Department
100 Boynton Beach Boulevard
Second Floor, West Wing
Boynton Beach, Florida 33425-0310
RE: Abandonment Request by Condor Investments of Palm Beach
County, Inc.
Dear Tambri:
In connection with the abandonment of the Miner Road right-of-way, I am
enclosing herein a copy of the Resolution adopted by the Board of County Commissioners
and the Quit-Claim Deed. The receipt of these documents should satisfy the condition
of abandonment of any Miner Road right-of-way by Palm Beach County. If not, I would
request that you let me know immediately.
Very truly yours,
O?~
J. Richard Harris
JRH/kmb
Enclosures
cc: James Vanderwoude
RICHARD K. BARRA' )OHK L BRYAN, JR. . BARRY B. BYRD' MARK P. GAGNON
J RICHARD HARRIS' JOHK M, JORGENSEN' DONNA A. NADEAU
RAYMOND W. ROYCE' ROBERT Co SCOTT (1925-1982)
4400 PGA BOULEVARD, SUITE 800 . PALM BEACH GARDENS, FLORIDA 33410
(407) 624-3900 . FAX (407) 624.3533
Board of County Commissioners
Ken L. Foster, Chairman
Burt Aaronson, Vice Chairman
Karen T. Marcus
Carol A. Roberts
Warren H. Newell
Mary McCarty
Maude Ford Lee
County Attorne
Joe Mount
February 28, 1996
DELIVERED BY TELEFAX & CERTIFIED MAIL
J, Richard Harris
SCOTT ROYCE
4400 PGA Blvd. - Ste, 800
Palm Beach Gardens, FL 33410
RE: Quit Claim Deed for Waste Management, Inc. of Florida
Dear Mr. Harris:
Enclosed please find the original Quit Claim from Palm Beach County to W oste Management, Inc. of
Florida approved and executed by the Board of County Commissioners on Febmary 20, 1996, Please record
this Quit Claim Deed in the public records at your earliest convenience.
Sincerely yours,
r
?J~
Paul F. King
Assistant County Attorney
PFK/mej
Enclosure
G:\(X'MMOh ',VliPDA T A\HNOIJ'FK\l.lNO _ GHN\E:'1096\t1ARJUS,l.TR
'"
"An Equal Opportunity - Affirmative Action Employer"
@ pr;nt9d on 'BCycf9d paper
P.O. Box 1989 West Palm Beach, Florida 33402-1989 (407) 355-2225 Suncom (407) 273-2225
FAX: (407) 355-4398
PREPARED BY:
Paul F. King. Esq.
Assistant County Attorney
301 North Olive Avenue, Suite 601
West Palm Beach, FL 33401
R 9 h 1 9 9 Ily;~
Folio No.
PALM BEACH COUNTY QUIT-CLAIM DEED
THIS QUIT-CLAIM DEED, made this 20th day of February , 1996, by
Palm Beach County, Florida, party of the fIrst part, and Waste Management, Inc., of
Florida, a Florida corporation, whose mailing address is 2700 NOlthwest 48th Street.
- - .
Pompano Beach, Florida 33073, party of the second part.
WITNESSETH: That the said party of the fIrst part, upon demand of the party of
the second part, pursuant to Section 255.22, Florida Statutes, and for and in consideration
of the smn ofTen Dollars ($10.00) to it in hand paid by the party of the second part,
receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim to
the party of the second art, its heirs and assigns forever, all the interest which the party of
the fIrst part has in the following described land lying and being in Palm Beach County,
Florida:
SEE ATTACHED EXHIBIT "A"
G:\COMMONlWPDA T AIENGIPFK\ENG_GENIENG96\8YNQCD,DED
IN WITNESS WHEREOF, the said party of the first part has caused these presents
to be executed in its name by its Board of Commissioners acting by the Chairman or Vice
Chairman of said Board, the day and year aforesaid.
Signed, sealed and delivered in
the presence of:
ATTEST:
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
DOROTHY H. WILKEN, CLERK
~ ~ /J VA.I,"d:'''~
By: ~ Ui..~~~~~/~l't~ By:
Deputy Clerk fi),"~w. 8l2,<;",c~\
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~(J: COUNTY os:::;
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\ .i',~t. OR\Q~ /[?}\PPROVED AS TO FORM AND
\r;;'i . - _.' . ' -.;,:i~.: LEGAL SUFFICIENCY
"1,,0* s~_--- ~~~
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By: ,r ~
County me
,
R96 19 9
FEB 2 0 1996
G:\COMMOMWPDAT AIENGIPFK\ENG_GENlENG96\8YNQCO,DEO
EXHIBIT "A"
PARCEL 1:
Tract S-l (MINOR ROAD), as established by the Plat of
BOYNTON BEACH DISTRIBUTION CENTER, according to the
Plat thereof, recorded in Plat Book 47, at Page 100, of the Public
Records of Palm Beach County, Florida.
PARCEL 2:
5' Access Control Easement encumbering the north 5' of Lots 18 and
19 of BOYNTON BEACH DISTRIBUTION CENTER, according to
the Plat thereof, recorded in Plat Book 47, at Page 100, of the Public
Records of Palm Beach County, Florida.
G:\COMMON\WPDATAIENG\PFKIENG_GENlENG96\BYNQCD.DED
Agenda Item #: 3 b'J-
AGENDA :ITEM SUMMARY
~-?h -19?
}.f/ f{ L 7~ 0
PALM BRACH COUNTY
BOARD OF COUNTY COMM:ISS:IONERS
==C====__K=__~_.___.==_a====._a-=g===-=========z==-==-===========
Meeting Date: 2/20/96
[xl Consent
[] Workshop
[ ] Regular
[ ] Public Hearing
Department:
Submi t ted By:
Submitted For.
County Attorney's Office
Engineering & Public Works
=====8__________n___5________=====-----==8-======================
:I . BXBctJ'1':IVB BR:IBP
A. Motion and Title. STAFF RECOMMENDS MOTION TO ADOPT a
resolution approving the execution and delivery of a County Quit-
Claim Deed to certain dedicated but unimproved rights-of-way in
the Plat of Boynton Beach Distribution Center, recorded in Plat
Book 47, Page 100.
B. Summary. Pursuant to Section 255.22, Florida Statutes,
Waste Management, Inc. of Florida, a Florida corporation. owner
of real property in the Plat of Boynton Beach Distribution
Center, has requested that the County quit-claim certain
dedicated but unused rights-of-way located within the property.
The property owner has met the statutory requirements which would
permit the issuance of a County Quit Claim Deed for those rights-
of-way. In accordance with Board direction on January 23rd, the
attached resolution will authorize the execution and delivery of
the attached County Quit-Claim Deed. (District 3) (PFK)
C. Background and Policy Issue.. Section 255.22, Florida
Statutes, permits an easement which has been conveyed by
dedication and without consideration to a county for a specific
purpose, but which remains unused for sixty consecutive months
from the date of conveyance may be, upon written demand by the
successor in title to the adjoining land, quit-claimed by the
County to the party making such demand.
(Continued on next page)
D. Attachment..
1. Resolution
2. Palm Beach County Quit-Claim Deed
=================================================================
Recommended by:
County Administrator
Date
~""J;:.v:":U\l v.J Ey:
,
II. FISCAL IMPACT ANALYSIS
A. Pive Year Summary of Piscal ~pact:
Fiscal Years
19_
19_
19_
19_
20_
Capital Bxpenditures
Operating Coata
External Revenues
Program Income (County)
In-Kind Match (County)
NET FISCAL IMPACT
-
. ADDITIONAL FTB
POSITIONS (CUmulative)
Is Item Included Zn CUrrent Budget?
Budget Account No. I Fund _ Agency
aeporting Category
Ye. No
Org. ____ Object
B. aecommended Source. of Funds/Summary of Fiscal Xmpact:
C. Departmental Fiscal aeview:
III. REVIEW COMMENTS
A. OPMB Fiscal and/or Contract Dev. and Control Comments:
Legal Suff!
-:
B.
fi~ ~ L:- --
SSi.t&D~~ttorney
C. Other Depar'~ent Review:
Department Director
,
This summary is not to be used as a basis for payment.
[ql\co.aon\wpdata\enq\pfk\enq_qen\enq96\bynqcd.ftl.)
c. Background and Policy Issues Continued:
Those specific rights-of-way have been unused for the statutory
period and a Quit-Claim Deed has been requested. The Survey
Section of the County's Engineer's Office has confirmed that the '>
subject rights-of-way will be totally landlocked following
abandonment by the City of Boynton Beach of all connecting right-
of -way segments. /
RESOLUTION NO. R-96- 199
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PALM
BEACH COUNTY, FLORIDA. APPROVING THE EXECUTION AND
DELIVERY OF A COUNTY QUIT-CLAIM DEED PURSUANT TO FLORIDA
STATUTES, SECTION 225.22, TO CERTAIN UNIMPROVED RIGHTS-OF-
WAY LYING IN THE PLAT OF BOYNTON BEACH DISTRIBUTION
CENTE~ PLAT BOOK 47, PAGE 100.
WHEREAS, the Boynton Beach Distribution Center, Plat Book 47,
Page 1 00 (hereinafter "Plat"), contains a dedication of certain rights-of-way
specified in Exhibit A to this resolution (hereinafter "Rights-of-Way"); and
WHEREAS, there has never been any improvements made to the
Rights-of-Way by any person so as to utilize the Rights-of-Way for access, or
otherwise; and
WHEREAS, no consideration was given to the Plat dedicator for the
dedication of the Rights-of-Way; and
WHEREAS, the successor in interest to the original Plat dedicator of
the Rights-of-Way owning title to the land adjoining the Rights-of-Way, Waste
Management, Inc., of Florida, a Florida corporation, has made a demand on Palm
Beach County pursuant to Section 255.22, Florida Statutes, for a Quit-Claim Deed
to the Rights-of-Way; and
WHEREAS, Waste Management, Inc., of Florida, has met the statutory
requirements allowing it to receive such deed from Palm Beach County.
NOW, THEREFORE, BE IT RESOL YED BY THE BOARD OF
COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA. that
the Chainnan is authorized and directed to execute the attached County Quit-
Claim Deed to Waste Management, Inc.,of Florida, a Florida corporation, for the
Rights-of-Way described ;n Lhe att?"herl Cm'~_~' ~':~~Claim Deed.
The foregoing resolution was offered by Commissioner Marcus
who moved its adoption. The motion was seconded by Commissioner
McCarty , and upon being put to a vote, the motion passed as follows:
1
COMMISSIONER KEN L. FOSTER - Aye
COMMISSIONER BURT AARONSON - Aye
COMMISSIONER KAREN T. MARCUS - Aye
COMMISSIONER CAROL A. ROBERTS - Aye
COMMISSIONER WARREN H. NEWELL - Aye
COMMISSIONER MARY McCARTY - Aye
COMMISSIONER MAUDE FORD LEE - Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 20th day of February. 1996.
PALM BEACH COUNTY. FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
Dorothy H. Wilken. Clerk
By~ 12. ltev' ....._..'''b\\,
Deputy Clerk ----o--:~ ..C}.~!J..'! ?'p..
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::Q.' :\..'" B~-f. ',()',
:~' nt" C\~.o ~
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
2
EXHIBIT "A"
PARCEL 1:
Tract S-l (MINOR ROAD), as established by the Plat of
BOYNTON BEACH DISTRIBUTION CENTER, according to the
Plat thereof, recorded in Plat Book 47, at Page 100, of the Public
Records of Palm Beach County, Florida.
PARCEL 2:
5' Access Control Easement encumbering the north 5' of Lots 18 and
19 of BOYNTON BEACH DISTRIBUTION CENTER, according to
the Plat thereof, recorded in Plat Book 47, at Page 100, of the Public
Records of Palm Beach County, Florida.
,
O:'<COMMON\WPOA T A\ENO\PFKIBNO _ OBNIBN096'IBYNQCD.DED
PREPARED BY:
Paul F. King. EIq.
AJaistanl County Attorney
301 North Olive Avenue. Suite 601
Wed Palm Bcach. FL 33401
Folio No.
R96 1991t111l
PALM BEACH COUNTY QUIT-CLAIM DEED
TIllS QUlT-CLATh<1 DEED, made this 1Q!h. day of Februarv , 1996, by
Palm Beach County, F1ori~ party of the first part, and Waste Management, Inc., of
Florida, a Florida corporation, whose mailing address is 2700 Northwest 48th Street,
Pompano Beach, Florida 33073, party of the second part.
WITNESSETH: That the said party of the first part, upon demand of the party of
the second part, pursuant to Section 255.22, Florida Statutes, and for and in consideration
of the sum ofTen Dollars (SI0.00) to it in hand paid by the party of the second part,
receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim to
the party of the second art, its heirs and assigns forever, all the interest which the party of
the first part has in the following described land lying and being in Palm Beach County,
Florida:
SEE ATTACHED EXHIBIT "A"
G:\COMMON\WPo-.TA1ENC3'PFK'.ENG_GEMENCllllN3'tN,DED
IN WITNESS WHEREOF, the said party of the fITst part has caused these presents
to be executed in its name by its Board of Commissioners acting by the Chairman or Vice
Chairman of said Board, the day and year aforesaid.
Signed, sealed and delivered in
the presence of:
ATTEST:
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
DOROTHY H. WILKEN, CLERK
~~~
... "'01\
By: t1. _ ~~~;~ By:
CI k -, ,',
Deputy er ':Q," ~lA B~"d "P"I
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, '?J,' , 0: G
I',r~'i"----'~~_: LE AL SUFFICIENCY
".,0 * 5>1'--- taJ~
",\\\\\,....... By: , - "
County
R96 199
FEB 2 0 1996
G:Y:XlMMON\~TA\ENG\PfK\ENQ_~.oeo
EXHIBIT "A"
PARCEL 1:
Tract 5-1 (MINOR ROAD), as established by the Plat of
BOYNTON BEACH DISTRIBUTION CENTER, according to the
Plat thereof, recorded in Plat Book 47, at Page 100, of the Public
Records of Palm Beach County, Florida.
PARCEL 2:
5' Access Control Easement encumbering the north 5' of Lots 18 and
19 of BOYNTON BEACH DISTRIBUTION CENTER, according to
the Plat thereof, recorded in Plat Book 47, at Page 100, of the Public
Records of Palm Beach County, Florida.
~.;U,IT: OF FLORIDA, COUr~rY OF PALM BE/,CH
I UC)~iGTH'{ H. \N~U<E:i'.I, f;:,'-oi!iclO Clsrk 0; Il1e
i',: .t;'" C:~ (,:Od!lIY (;fJlIlmi::st0nl'm, CE~ftdy this to b2;;,1
II !,J" ;.ii I,j :.;,;,~er:t i;OPY of tho O~j. illulli!ed III my office
..., ~o 9 ,"""\\\
(JIL__,__ ~.. 4 -------v- --......c 0 UN ,.'I't
DATl::D at We:.;t Palm Beach, FL on ~~.!1.. ":-O~,,- -" - - ,( (~"
D~EaN CI~rk · :Q"b.V~ Bl:-1C ',0',."
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By:.., ..L___ - . :<<t:, oS ~
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G:\COMMON\WPDATAIENG\PFK\ENG_ GENlEN096\BYNQCD.DED
SCOTT
ROYCE
ill J~ F: : : ~ ffi ill
~
PLANNING AND
ZONING DEPT.
ATTORNEYS AT lAW
Scorr, ROYCE, HARRIS, BRYAN, BARRA & JORGENSEN, P,A.
February 7, 1996
Ms. Tambri Hayden
City of Boynton Beach
Planning and Zoning Department
100 Boynton Beach Boulevard
Second Floor, West Wing
Boynton Beach, Florida 33425-0310
RE:
:-.3
1'~
. Y"
t" 'J
fJ'..
Abandonment Request by Condor Investments of Palm Beach
County, Inc.
Dear Ms. Hayden:
I am enclosing herein a copy of the Quit-Claim Deed which has been prepared by
Paul King of the Palm Beach County Attorney's Office. The execution of this Quit-Claim
Deed will be authorized by Resolution appearing on the Consent Agenda of the meeting
of the Board of County Commissioners of Palm Beach County scheduled February 20,
1996. The adoption of the Resolution and execution of the Deed will resolve the
condition of abandonment by'Palm Beach County.
I have prepared an Easement Agreement to establish, confirm and ratify the access
of all of the owners abutting the Miner Road right-of-way being abandoned. I should
have that document executed by all parties shortly and will provide you a copy.
For what it's worth, I am also enclosing herein a letter we have finally received
from the Florida Department of Transportation concerning the possibilities of any future
use of Miner Road. I thought I would not receive any written response from the Florida
Department of Transportation and am, therefore, gratified to have the enclosed letter.
RICIIARD K BARRA. JOII" L BRYAN, JR, . BARRY B, BYRD. MARK P GAG:-.JON
j, RICIIARD HARRIS' JOIl" M, JORGENSEN. DO!\"A A, NADEAU
RAYMOND W ROYCE. ROBERT C. SCOTT 11925-19821
4400 PGA BOl:LEVARD, SUITE 800 . PALM BEACH GARDENS, FLORIDA 33410
(407) 624-3900 . FAX (407) 624-3533
Ms. Tambri Hayden
February 7, 1996
Page 2
Should you have any questions, please do not hesitate to contact me.
Very truly yours,
~'Id
a~~d Harris
JRH/kmb
Enclosures
cc: Jim Vanderwoude
;c
~
4073554398-+
(
407 624 3533:# B
SENT BY:Xerax Telecapier 7021 ; 1-3~-96 3:37PM:
nEPAllED BY:
Pau111. KIna. B1q.
AlIi.... County ADritr"'i
301 NIII'lh OUw A,\IQIU' luilAl 601
WClIt PUn 8M. FL33401
Polio No.
PALM BEACH COUNTY QIDT-CI..AIM DE~D
TInS QUIT -CLAIM DEED, made this _ clay of . 1996. by
Palm Beach County, Florida. party of the first part, and Waste Managcmen~ Inc., of
Florida, a Florida corporation, whose mailing address is 2700 Northwest 48th St:ree~
Pompano Beach, Florida 33073, party of the second part.
WITNESSETH: That the said party of the first part, upon demand of the party of
the second part, pursuant to Section 255.22. Florida Statutes. and for and in consideratioD
of the sUtn ofTen Dollars (SI0.00) to it in hand paid by the party of the second part,
receipt whereof is hereby acknowledged, does hereby remise. release and quit-claim. to
the party of the second art, its heirs and assigns forever, all the interest which the party of
the first part has in the following described land lying and being in Palm Beach County.
Florida:
SEE ATI'ACHED EXHIBIT "A"
O;\COMMON\'NPDATA\ENGv>I'IC\ENO.QEN'elQIlNrtNQCI),CEI)
SENT BY:Xerox Telecopier 7021 : '-~~-96 : 3:37PM:
(
4073554396"
(
407 624 3533:# 9
IN WITNESS WHEREOF. the said party of the first part has caused these presents
to be executed in its name by its Board of Commissioners acting by the Chairman or Vice
Chairman of said Boa.rd, the day and year aforesaid.
. Signed, sealed and delivered in
the presence of:
ATTEST:
DOROTHY H. Wn.,KEN. CLERK.
By:
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
Deputy Clerk
Chainnan
APPROVED AS TO FORM AND
LEGAL SUFFICmNCY
By:
County Attorney
O..\CCM~TAlENGV'I'K\IND_OININGIftI'rNQcCiP
SENT BY:Xerox Te I ecopier 7021 ; 1-~-'t-96 3: 36PM ;
C
4073554396'"
(
407 624 3533;#10
EXRTRTT "A"
PARCEl, 1:
Tract S-l (MINOR ROAD), as el1ablished by the Plat of
BOYNTON BEACH DISTRIBUTION CENTER, according to the
Plat thereof, recorded in Plat Book 47, at Page 100, of the Public
Records of Palm Beach County, Florida.
PARCEL 2:
S' Access Control Easement encumbering the north S' of Lots 18 and
19 of BOYNTON BEACH DISTRIBUTION CENTER. according to
the Plat thereot: recorded in Plat Book 47. at Page 100, of the Public
Records of Palm Beach County, Florida.
O:\COMMCN\WPDA1'A\BNG\P1Ik'.BNO_ClBN\BNCl96\BYNQCD.DBD
LAWTON CInLlt.'1
GOVERNOR
--..'
FLORIDA
DEPARTMENT OF TRANSPORTATION
3400 West Comm.ercial Blvd.
Fort Lauderdale, Florida 33309
Telephone: (305) 777-4274
BEN G. WAns
SECRETARY
January 29, 1996
Attomey J. Richard Harris
Scott, Royce, Harris, Bryan, Barra & Jorgensen, P.A.
Attorneys At Law
4400 POA Boulevard Suite 800
Palm Beach Gardens, Florida 33410
RE: Condor Investmen.ts
This respose is in answer to your request as to whether or not the Florida Department of
Transportation has any future need of the unimproved dedication of Miner Road.
Your correspondence has been circulated to the respective F.D.O.T. and CSX Engineers.
It has been determined that Florida Department of Transportation has no future need for this
property .
Please feel free to call if you should have any questions.
~incer ly, .'
/ '(/l~
L is 1. Co r
F.D.O.T. -W
$tlR'tqlS PAPIII
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
DECEMBER 19, 1995
not be recorded or provided to the applicant until the conditions are met. Approval on that basis will
eliminate the need for the applicant to come back before the Commission.
Motion
Commissioner Jaskiewicz moved to approve the abandonment of Miner Road subject to the conditions
being rectified prior to the Resolution being prepared. Commissioner Rosen seconded the motion.
Mayor Pro Tem Matson asked Commissioners Jaskiewicz and Rosen if they would agree to delete
Condition #2. Both were agreeable.
The motion carried 4-0.
Mr. Harris confirmed with Mayor Taylor that he must comply with Comments #1, 3, 4, 5 and 6. With
reference to Comment #5, the City is only concerned about Waste Management, Florentine Marble and
Rollyson.
Attorney Cheraf reminded everyone that all paperwork in the agenda package is part of the public
record. Exhibit "F" is a list of the administrative conditions. This is a new form prepared by Ms.
Heyden and Mr. Hukill which will attempt to simplify the Commission's review. When the
development order is prepared, the document can be used as a check off to show "included" or
"rejected", and it will expedite the preparation ofthe development order.
D.
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Newport Place PUD (f.k.a. Stanford Park PUD)
Donald E. Hearing
Newport Place Associates ltd.
Southwest corner of Hypoluxo Road and NW 7th Court
FUTURE LAND USE AMENDMENT/REZONING - Request to
amend the Comprehensive Plan Future Land Use Map from
Low Density Residential to High Density Residential for a 23
acre, existing planned unit development (PUD) and a 1.59 acre
tract and to rezone the 1.59 acre tract from R-1-AAB (single-
family residential) and the PUD to Planned Unit Development
(PUD w/LUI- 5) to add a 120 bed assisted living facility.
Donald H@aring, land!OCap@ architKt andJand plann@r, I'f1)resenting N@wport Place,. introduced Ron
Ehler, Managing and General Partner of Newport Place, and Steve Gillespie, Landscape Architect. He
summarized the request by noting that the staff report clearly outlines the request.
The applicant is requesting a reclassification of the land use on the property so that completion of the
campus master plan can be accomplished. To the west is High Point Country Club; to the north is
Hypoluxo Road; to the east are large-lot residential homes which are separated from NW 7th Court by
a platted landscape buffer preserve area which was put in place when the original PUD was approved
for Stanford Place. Newport Place intends to add an additional 12D-bed assisted living facility. This
will fill the gap in health care services provided at Newport Place. There is already an assisted adult
13
'lFte City of
$oynton ~eacli
100 'E. 'Boynton 'BeDdi 'Boukvartl
P.O. ~310
'Boynton. 'Beadl, 1foritf4 33425-0310
City!Jlall: (407) 375-6000
1'JU: (407) 375-6090
Via Fax:
(407) 624-3533
January 25, 1996
J. Richard Harris, Esquire
Scott, Royce, Harris, Bryan, Barra & Jorgensen, P.A.
4400 PGA Boulevard, Suite 800
Palm Beach Gardens, FL 33410
Re: Miner Road Abandonment - ABAN # 95-011
Dear Mr. Harris:
This letter is in response to your January 18, 1996 letter to me
which discusses a quit-claim deed executed by Palm Beach County for
the Miner Road right-of-way and access control easement. I concur
that this option will satisfy the city's condition # 1 placed on
the approval of the above-reference application, in lieu of seeking
a formal abandonment by county.
9-4-ncerely,
<iJti~Ja.~llJv
/~J};.:-/ / -.f-rp,
~;bri J. Heyden
Planning and Zoning Director
TJH:dim
xc: Central File
a:QuickClaim.Min/TJH
~merica s (jateway to tlU (julfstream
Board of County Commissioners
Ken L. Foster, Chairman
Burt Aaronson, Vice Chairman
Karen T. Marcus
Carol A. Roberts
Warren H. Newell
Mary McCarty
Maude Ford Lee
County Administrator
Robert Weisman
Department of Engineering
and Public Works
December 6, 1995
Tambri J. Heyden
Planning and Zoning Director
City of Boynton Beach
P.O. Box 310
Boynton Beach, florid~ 33425-0310
SUBJECT: MINER ROAD ABANDONMENT BETWEEN HIGH RIDGE ROAD AND 1-95
Dear Ms. Heyden:
I am writing in response to your letter of December 1, concerning a request to
abandon two parcels that were dedicated to Palm Beach County for the right of way
of High Ridge Road.
The County would have no objections to the requested abandonments, however, the
abandonment pet it ions must be processed through the County. The party request i ng
the abandonments should contact Ms. Signe Miller of our Land Development
Division, (407) 684-4090 to determine how to initiate this process.
Please contact me if you have any questions.
OFFICE OF THE CO, UNTY E~INEER
/) /) ;: J ///
~t-'~ ~
Cha~le~ R. ~~1ker, J!., P.C.
Director - Traffic Division
C RW : dk;'meo
pc: Signe Miller - Land Development
File: Roads - Minor Road
ASH\minor
~ ; ,", ',.
i I
"An Equal Opportunity - Affirmative Action Employer"
@ printed on r9Cycled paper
Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000
Board of County Commissioners
Ken L. Foster, Chairman
Burt Aaronson, Vice Chairman
Karen T. Marcus
Carol A. Roberts
Warren H. Newell
Mary McCarty
Maude Ford Lee
County Administrator
Robert Weisman
I" !:'
"1 ~ '
';' f),^"I./~
..-:rT' ,r -, ~ ,
Department of Engineering
and Public Works
September 8, 1995
Tambri J. Heyden
Plannin~ and Zoning Director
The City of 80ynton Beach
P.O. Box 310
Boynton Beach, Florida 33425-0310
SUBJECT:
Proposed Hiner Road Abandonment
Dear Ms. Heyden:
I am writing in response to your letter of August 16, 1995 in which you requested
the County's comments with regard to a request to abandon a portion of Miner Road
right of way, east of High Ridge Road.
Palm Beach County would have no objections to the abandonment, assuming that
action would not landlock any properties.
Please contact me if you have any questions.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
/10
Charles R.
Director -
CRW:ASH:meo
File: Roads - Miner Road
ASH\miner
"An Equal Opportunity - Affirmative Action Employer"
@ printed on recycled paper
Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000
12/05/95 10:53 FAX 407 624 33
SCOTI, ROYCE
~ 001/002
SCOTI, ROYCE, HARRIS,
BRYAN, BARRA
&
JORGENSEN, P.A
ATI'ORNEYS AT LAW
rID) ~ @ ~ G W ~ ~
\Uu ,IAN ~ 0 I!lIl6 ~
\ PLANNING AND
, ZONING DEPT.
RidIard K. Barra
John 1... BIyaa, J~.
Bany B. 8ynl
Mart P. Oqaga
J. R.Jt:Iwd HarrIs
JoIul M. Joqc:PlJeJl
Donna A Nadeau
lUyJIIoIId W. Roy<:c
~ ^' Sdac:f.tq-
*'*"ImECOPIER. TRANSMl'ITAL ..
Robert C s.:on (1~-1982)
DATE:
December S, 1995
TO:
TELECOPIER NUMBER:
Gary Lanker
(407) 375-6090
FROM:
Our Telecopier Number:
Rick Harris, Esq.
(407) 624-3533
TOTAL NUMBER OF PAGES,
INCLUDING THIS PAGE:
,.,
...
RB OR NOm:
Condor Abandonment
Submitted is a letter of revision to my opinion of title, correcting the reference to Tract
8-1 and Tract 8-2.
I have spoken with Lois Cotter at FOOT, and have been advised the only thing we will
be able to get is a letter stating that a flyover is 110t in the plans for the next 5 years.
This is the same Letter I obtained from the engineers for FOOT. Is there any way we can
~e that letter?" It will take a few days at l~t to get in writing the information requested
from FOOT due tp governmental bureaucracy. Please let me know. T.ban:ks.
\
\
\ ***PLBASH DBLIVER. IMMEDIATEL y*'9''9'
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Telephone nu.mber In taSe of tta:osm1",..sion error: 1 (407) 624-3900
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12/05/95 10:54 FAX 407 62' ;33
SCOTT. ROYCE
~002l002
~
SCOTT
ROYCE
ATTQRNEVS AT LAW
Seo'li', :ROYCE, HARRIS, BRYA....., BAR" 61 ]OROENSEN, P.A.
December 5, 1995
Via Fax: (407) 375-6090
City of Boynton Beach
c/o Ms. Tambley Hayden
Planning and Zoning Department
100 Bcynton Beach Boulevard
Second F1oor~ West Wing
Boynton Bc::ach, Florida 3J425-o:nO
RE: Condor Investments of Palm Beach Co~, Inc.
Abandonrnf".nt of Miner Road
Dear Ms. Hayden:
This letter is intended to make a correction to my Opinion of Title addressed to
you and dated October 27, 1995, concerning abandonment petitiOns filed on behalf of
Condor Inv~tments of Palm Beach County, Inc. and Waste Management Inc. of Florida.
In that OpiDion of Title, I cliscuss a parcel designated as "original parcel." The reference
to "Original parcel" states that it is a portion of Tract S-1 described and dedicated on the
Plat of Cedar Ridge, a P.U.D., and High Ridge Commerce Park. a P.lD., at Plat Book
46, Page 58, of the Public Records of Palm Beach COllO:ty, Florida. This statement is
incorrect in that the portion of this roadway to be abandoned ~ designated on such Plat
as Traa 8-2.
Please accept this letter as a revision and amendment to the original Opinion of
Title_ If you require anything further, please do not hesitate to contact me.
Very truly yours,
JIUflKmb
RICHARD K. ~\ . ,JOHN I., 61ii~!IN, JR. . BARl:Y B !lYRD . MA~~ P, t;;AOI'ION
). ~II;HA~l) HARRIS' JOrlN !>l, )ORGllNSEN . DOt;NAA, NADEAU
RAYMONDW. ROYCe . ~aF,RT c;, scon !l925-1982J
44000 PGA l3'>IH.~v...n1), SUITE 300 . PALM Il~ACll C"'RI)E~~, l:LOltIDA aa.no
(4.07) 624.3900 . PAX (401) 624.3533
SCOTT
ROYCE
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Hill NfN 2.. ~I
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PLANNING A~D (
ZONING DEPT.
u/
~
SCOTf, ROYCE, HARRIS, BRYAN, BARRA & JORGENSEN, P.A.
ATTORNEYS AT LAW
November 28, 1995
VIA HAND DEUVERY
Gary Lanker
City of Boynton Beach
Planning and Zoning Department
100 Boynton Beach Boulevard
Second Floor, West Wing
Boynton Beach, Florida 33425-0310
RE: Condor Investments of Palm Beach County, Inc.
Abandonment of Miner Road
Dear Gary:
In accordance with our discussion, submitted are the following documents in
connection with the abandonment petitions filed on behalf of Condor Investments:
1. Five (5) certified copies of the survey of the subject property;
2. Letter of authorization from Waste Management;
3. Letter from Southern Bell;
4. Letter from Paramount Engineering Group, as engineers of the FDOT,
concerning the tlyover issue;
5. Two (2) original signed petitions, together with copies, from the cut-outs you
prepared.
I know that you have a letter from Comcast, and we are still waiting for letters
from FPL and PIo-Gas. I have spoken with Rusty at FPL, and he advises they received
our request in October; however, no work has been done in the last two weeks because
of the reorganization. I don't know what to do about that. He is trying to determine
when we will get a response. I have tried to contact Flo-Gas but, Mr. Pellico is out of
the office. I have tried all day to reach him on his mobile phone, which is the number
he left for me to call him at, but still no success.
RICHARD K, BARRA. JOHN L. BRYAN, JR. . BARRY B. BYRD. MARK P. GAGNO:o.l
). RICHARD HARRIS. JOHN M, JORGENSEN. DONNA A, NADEAU
RAYMO:-lD W. ROYCE. ROBERT Co scon (1925-19821
4400 PGA BOULEVARD, SUITE 800 . PALM BEACH GARDENS, FLORIDA 33410
(407) 624-3900 . FAX (407) 624-3533
Gary Lanker
November 28, 1995
Page 2
After reviewing the enclosed, please contact me to let me know what the next step
is and what further documentation the City will require. As always, we are most
appreciative of your assistance and cooperation in this matter.
Very truly yours,
/
~
/'.. W
Ka een M. Brandon
Real Estate Department
/kmb
Enclosure(s)
City of Boynton Beach
October 27, 1995
Page 2
It is my opinion that Tract S-1 was properly dedicated to the public for roadway
purposes.
PARCEL 2: Parcel 2 is an access control easement established by the Plat of
Boynton Beach Distnbution Center which encumbers the North 5' of Lots 18 and
19 of such Plat. The access control easement is dedicated to the Board of County
Commissioners of Palm Beach County for the purpose of control and jurisdiction
over access. The property encumbered by the access control easement is owned
by Waste Management Inc. of Florida. It is my opinion that the access control
easement is properly dedicated for the purposes herein stated.
PARCEL 3: Parcel 3 is a private dedication to the City of Boynton Beach for
roadway purposes. The dedication was made by an easement deed dated August
13, 1976, and was executed by James O. Taylor and Mildred O. Taylor, his wife,
and David P. Taylor and Jacqueline Taylor, his wife. It is my opinion that the
right-of-way deed was a good and valid grant for right-of-way purposes over the
property therein descnbed to the City of Boynton Beach, its successors and assigns,
for it, its agents, tenants, servants, visitors, and licensees, in common with all
persons having like right.
PARCEL 4: This parcel is a buffer easement dedicated for "landscape purposes"
encumbering the South 25' of Lots 15, 16, 17, and 18 of Block 2, Cedar Ridge, a
P.D.D., and High Ridge Commerce Park, a P.LD., Plat Book 46, at Page 58, of the
Public Records of Palm Beach County, Florida. It is my opinion that the dedication
appearing on such Plat creates a valid easement encumbering such property for
landscape purposes. The owner of the property encumbered by the buffer
easement is Condor Investments of Palm Beach County, Inc.
~
JRH/kmb
EnclO$UI'e$
EXHIBIT "A"
ORIGINAL PARCEL:
That portion of Forest Road established and dedicated by the Plat
of Cedar Ridge, a P. U. D. & High Ridge Commerce Park, a P. 1. D . ,
according to the Plat thereof recorded at Plat Book 46, Page 58,
of the Public Records of Palm Beach County, Florida, abutting Lots
36 through 45, inclusive, of Block 1 of said Plat and abutting the
north 75' of Lot 35, Block 1 of said Plat.
~ ~
Ii ~ ~ PARCEL 1:
~ J
~<v (J~ .j [Tract S -1 (Minor Road), as established by the Plat of BOYNTON BEACH
tf~! DISTRIBUTION CENTER, according to the Plat thereof, recorded in
f) \ ~ ~ Plat Book 47, at Page 100, of the Public Records of Palm Beach
~ Ii. County, Florida.
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Tract S-l, as established by the Plat of BOYNTON BEACH DISTRIBUTION
CENTER, is dedicated for additional right-of-way for Minor Road for
the perpetual use of the public for proper purposes.
PARCEL 2:
{5' access control easement which encumbers the North 5' of Lots 18
and 19 of BOYNTON BEACH DISTRIBUTION CENTER, according to the Plat
thereof, recorded in Plat Book 47, at Page 100, of the Public
Records of Palm Beach County, Florida.
The access control easement is dedicated by the Plat of BOYNTON
BEACH DISTRIBUTION CENTER for the purposes of control and
jurisdiction over Tract S-l (Minor Road), as established by the
Plat of BOYNTON BEACH DISTRIBUTION CENTER.
PARCEL 3:
Easement and right-of-way over and across the North 25' of the West
340' of the North one-half of the Northwest one-quarter of the
Northwest one-quarter of Section 16, Township 45 South, Range 43
East, of Palm Beach County, Florida.
The above-described easement for access and right-of-way was
granted by Easement Deed dated August 13, 1976, executed by James
O. Taylor and Mildred Taylor, his wife, and David P. Taylor and
Jacqueline Taylor, his wife, in favor of the City of Boynton Beach.
~~ PARCEL 4:
. ~\) ~ [
V ~ Buffer easement encumbering the south 25' of lots 15, 16, 17, and
l:J ')$1':",; 18 of Block 2, of CEDAR RIDGE, A P.D.D. & HIGH RIDGE COMMERCE PARK,
\ ~ Jl
~ ~ l ~ al'-r-'
~
A P.I.D., according to the plat thereof recorded in the office of
the Clerk of the Circuit Court in and for Palm Beach County,
Florida, at Plat Book 46, page 58.
SCOTT
ROYCE
~
ATTORNEYS AT LAW
Scorr, ROYCE, HARRIS, BRYAN, BARRA & JORGENSEN,
October 3, 1995
Ms. Tambrey Hayden
City of Boynton Beach
Planning and Zoning Department
100 Boynton Beach Boulevard
Second Floor, West Wing
Boynton Beach, Florida 33425-0310
RE: Condor Investments of Palm Beach County, Inc.
Abandonment of Miner Road
Dear Tambrey:
I am enclosing herein the supplemental Abandonment Petition which I have prepared on behalf of
Condor Investments of Palm Beach County, Inc., requesting the additional abandonment of public right-
of-way interest in the three parcels described therein. I have shown the three parcels on an attached
exhibit, which is a copy of a portion of the Plat of Boynton Beach Distribution Center. As you will recall,
the additional abandonments required are as follows:
1. Parcell: Tract 8-1 estab~hed by the Boynton Beach Distribution Center Plat, which is
additional right-of-way 54' in width for Minor Road.
2. Parcel 2: Access control easement 5' in width which is the North 5' of Lots 18 and 19 of
the Boynton Beach Distribution Center Plat.
3. Parcel 3: Right-of-way 25' in width as granted to the City of Boynton Beach by the
Taylors. This right-of-way is basically the North 25' of the West 340.20' of :section 16.
If you require anything further, please do not hesitate to contact me.
Very truly,yours,
:~
J. Richard Harris
JRHlkmb
End06UfCS
RICHARD K. BARRA' JOHN L BRYA:-I, JR, . BARRY B, BYRD' MARK P. GAGNON
), RICHARD HARRIS' JOHN M, JORGENSEN' DONNA A, NADEAU
RAYMO:-lD W ROYCE' ROBERT C. SCOTT (1925.1982)
4400 PGA BOULEVARD, SUlTE 800 . PALM BEACH GARDENS, FLORIDA 33410
(407) 624-3900 . FAX (407) 624-3533
10/10/95 08:45 FAX 407 624 3533
SCOTI'. ROYCE
III 002
~
scan
ROYCE
ArYO~NEV~ AT LAW
Soon, ROYCE. I-L\RRIS, fiaYAl';', D.ARkA & JOROENele~, P.A...
October' 10, 1995
fax #: 375~6090
Ms. Tambrey Hayden
City of Boynton Beach
Planning and Zoning Department
100 Boynton Beach Boulevard
Second Floor, West Wing
Boynton Beach, Florida 33425-0310
RE: Condor Investments of Palm Beach Cuunty, Inc.
Abandonment of Miner Road
Dear Tambrey:
In connection with my client's efforts to abandon Miner Road (on.e plat spells it
"Minorll and the other spells it ''Miner'), I am enclosing herein a copy of letter I have
received from Florentine Marble Company. The ori.bTinal is being fOIWardecl. Mr. and Mrs.
Rollyson have contacted my clients and also want the road abandoned. If you think it is
necessary, I can get a similar letter from them.
I would very much like to know the status of our request, any additional
information or documentation YOll require, and the scheduling of this matter.
I thank you for your cooperation.
Very truly yours;
.
~
J. Richard Harris
J.RHIkmb
IUC\iARD K. BAARA . lOKN,L,.tiKYAN,}1<. . M~~Y ". t:lV~I). "Alil( P. OAaNOS
J. N1C HAR(j lihlU'I\ S . JOHN '" IQJ::C~NSIlII . OOIlNA A. NADEioU
~,(MOt.lO 11V, ROvel! . RODl!i'l' C, SCOT!' fl'l~.l'l&2)
4400 POA BO,l.ILI:VAIlD, StIlT!! 800 . I'M,]>I ~p',.("J( (l.4vnr-:wR. FWR1D.4 3.34.10
(4007) 624.3900 · PAS. (407) 62'-3533
10/10/95 08:46 FAX 407 6U 3533
SCOTT, ROYCE
~003
FLORENTINE MARBLE COMPANY
INGORPORATlI:O
"Th. Fin..t in Cultur.d M.rbl."
820 N.E. ~"D .TftlE:&:'f' . aOYNTON .IIAC.... "L.ORIDA 3343!S
TIEL.EPNONIE (A07) 737.8722 . "AX (.07) 737.0"123
JOHN C. NICHO~
,,",$lOtif(f
MR. RICK HARRIS
4400 peA BLVD. SUITE 800
PALM DEACU GARnnNS, fL 33410
OCTonER 4, 1995
DEAR MR. HARRIS;
WE AT FLORENTINE MARBLE COHPANY, INC. ~mLCmm YOUR ACTION
fOR THE ABA~~ONMENT OF MINER ROAD RIGHT OF WAY ON OUR
.P1{O'p~:H'l'v . WE HAVE FULL ACCESS EGRESS IN AND OUT OF OUR
PROPEJ{TY JHRI;:C'l'LY TO INDUSTRIAL WAY. WE HAVE NO NEED OR USE
Or' MINER ROAD.
IF YOU HAVE ANY QUESTIONS, PLEASE DON'T HESITATE TO CALL
liS.
SINCERELY,
JOHN c. NICHOLS, PRESIDENT
~G~~
09/19/95 12:29 FAX 407 624 3533
SCOTT, ROYCE
tal 002
~
aeOTT
ROYCE
AT'tOI"'I~Ti AT LAW
SCOTT. ROYCE, HARR1S. BfiAN, BA.UU.1iI JO:RCIlN!:lil'l'. P.A..
September 19, 1995
Via. Fax: (407) 375-6(190
Ms. Tmt1brey Hayden
at)' of Boynton Beach
Planning and Zoning Department
100 Boynton Beach Boulevard
Second Floor, West Wing
Boynton Beach, Florida 33425-0310
RE: Condor Investments of Pam Beach County,In.c,
Abandonment of Miner Road
Dear Tmnbrcy:
Since we have not been able to make contact by telephone, I wantt'd to bring you
up to date with respect to the request fOT abandonment of Miner Road, as established by
the Plat of Cedar Ridge, a. P.U.D.., and High Ridge Commerce Park, a P.I.D.
My title research' :indicates to me that the Plat of Cedar Ridge and High Ridge
Commerce Park establishes a right-of-way 54' in width, traven;ing the Southern boundary
of the Plat and bounded on the South by tbe common line between Sct:tian 9 and Section
16, Township 45 South, Range 43 East. The only addidonal dedication of :Miner Road
between High Ridge Road and the railroad which I can locate ~25.~.iIL~Jith. and
approximately 340. lon~ running from the Easterly boundary line of High Ridge Road to
the Westerly boundary line of the Plat of Boynton Beach Dilitribution Center. This was
apparently dedicated by James O. Taylor and Mildred Taylor by Easement Deed dated
August 13, 1976. This pet:d t"IWS in f:avor o:Lthe-City of.lIDyntQJ;!JJ~C!c4. Additionally,
there i$ atrac;t defined as Tract 8-1 which i~~1.89~engtb, established by the Plat of
Boynton Beach Distribution Center.---TlUS parcel bas as its North boundary line, the
common section line. I find no other dedications for Miner Road. Con5equently, that
section of Mine! Road dedicated between, High Ridge. Road and the railroad only has
RICW\IW~, llo'.RRA.' JOHN L. ~1i'(AJo(. JR.. Sii.l!RY !.IIYRIl "I'VIKK f. CAGIIQN
), R1CKAJQ;l HIlDIe. )'OK:'l'M,:JI)IlOl:~ll!:!N . IlONll'AA, NAD2AlJ
IW'MOND W. ROTC!! . tOB.iT C. ~COTr ll9:3S-191l2l
44no i'GA BOVLIiVARD, SUITF. 800 . PAUl DLo.C:" o....ADE:.li:, PL""U'A JJ..UO
('01) e24-.3900 . F...x l407) b24r.~S33
09/19/95 12:30 FAX 407 624 3533
SCOTT, ROYCE
ItJ003
Ms. Tambrey Hayden
September 19, 1995
Page 2
/''''r
)
( 104' ~f right-af-way where there is a dedication by the Boynton Beach Distribution Center
\ Plat.
As to the concerns about land-locked parcels, 1 have determined that existing
easements establish accells to uldustrial Way ~ Industrial Way is established by the Plat
of Boynton Beach Distnbution Center. The parcel owned by Mr. and Mrs..Roll~~n is
_ served.EY a easement 50' in width across properties owned by Waste Management a.o.d
--colluects to- -lIidumial Wa.y. ~Y'__(\~H_~~~!D~I!l-'-Q~ Jnwidth. The property owned by
1?TorentiIie--Marble i~_seIVed EY_ cgl easement 30' in width which connects to Industrial
Way. The parcel shown as being owned by the Rorida Department of Transportation
is an unknown quantity. The only deed I can find for this parcel is u deed from CSX
(the railroad) conveying parcels of the railroad .r1ght~of-wi;1.Y in Dade, Bmward and Palm
Bea.cl1 Counties. O:msequently, <L~.l!!!!!~~J!Oll!!Llijlwith-WlJ!~c!l!a~J~aJ_Q.C~gipliQnJor
._ the FI?QI1?.'l.!~l. However, it is my beUef that tbe ~~tmg.p~tt~dI'ight-Qf=y.'~_forJ.1i!ler ~7
Road does not extend to the parcel owned 1:1.1'. flDOT and, consequently. this parcel never
--receweaacces!i: overtheMiner Rogdrighi~of-way. as dedicated In addition, the FDOT
parcel iS1 1 am suret additionW right-of-wa.y for the Interstate and doa not need any
a\;ce~~ from any dedicated right-of-way.
I have little to comment about the need for a Miner Road fly-over to provide fire
protection to areas of Boynton Beach Bast of 1-95. I have received estimates from
engineers that ft. fly-over would cost ill the; neighborhood of $25,000,000.00. In addition,
there does not appel3I' to be adequate right-of-way already existing, and an additional
right-of-way would have to be acquired. Further, there would certainly be sume damage
to existing parcels abutting the existing Miner Road dedi~ation because the fly-over would
r~quire a bridge or other elevation to allow Miner Road to gain enough height to cross
the Interstat~ in 6CC.orda:nC~ with FDOT :ipecifi<;ations. Therefore, the fly-over would
require additional condemnation proceed.ings to compensate abutting owners for the
damages caused. In essence, the fly-over would deprive individuals abutt:lng Min~r Ruad
of any access to Miner Road
Also, according to my car's odQmctc!'5 the proposed Miner Road location is .45
miles from Gateway Boulevard. I cannot believe that such an expense would be justified
to allow fire truCD to cross 1-95 at the Miner Road location when .45 miles away there
is au existiny fly-over which can be utilized. ~_~~~_()f!IIy. feelings concenting this
matter and time consttaints, I have not contacted FDOT or CSX to determine the
viabilU)' of a. fly-over..
UI:I/11:1/1:15 12:31 FAX 407 624 3533
SCOTT. ROYCE
tal 004
Ms. Tambrey Hayden
September 19, 1995
Page 3
If you require any additional :Information, please contact me.
JRH/kmb
c:c: JIilme5 VlIIICeNICUdi:
.
FPL
Florida Power & Light Company. P. o. Box 2409, Delray Beach, Fl 33447-2409 _
September 1, 1995
Tambri J. Heyden
Planning and Zoning Director
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425-0310
Re: Forest Ct (#95-004) & Miner Rd (#95-005) Right of Way Abandonment
Dear Mr. Heyden:
FPL has no objection to the abandonment of the Forest Court right-of-way of as
described in your letter dated August 9, 1995
FPL has no objection to the abandonment of the Miner Road right-of-way of as described
in your letter dated August 14. 4995, provided that a utility easement is provided on the
east 160 feet of the road right of way. (See the area highlighted in yellow on the enclosed
drawing.)
If you require any additional Information, please call me at (407) 265-3104.
Sincerely Yours,
~.t~sil~r.
Major Account Manager
j
frDJ ~ @ ~ t\VJ ~ ~
tG . lf~
PZLANN/NG A,'iD'~'
ONING DEPT ~
. ...----- ,.
f--"----.,~i. ~
F LC)}{\I D A
,:! r
PUBLIC UTILIt,IEYS COMP
P. O. Box 3395
West Palm Beach,
FL 33402-3395
August 21, 1995
Ms. Tambri J. Heyden
Planning and Zoning Director
City of Boynton Beach
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425-0310
RE: Miner Road - ABAN #95-005
Right-of-Way Abandonment
Dear Ms. Heyden:
Please be advised that Florida Public Utilities Company has no
objection to the abandonment of the existing 50' easement described
in your letter.
At the present time, we have no underground gas distribution
facilities located within the limits of the proposed abandonment.
Sincer-v
~
~{~ellico
Division Engineer
cc: Mr. M. L. Schneidermann
08/03/95 10:32 FAX ~07 624 35,~3 SCOTT, ROYCE
SENT BY: ;11-14-95 ;10:00AM Boynton Bc'-~~...
141 003/004
407 624 ~~33;# 2
.
.
.
A:I:'t. x::r:~, la
~
...'
..
sectioa. 2. APPli cat ion/ s~s8iaa.
~~
~11 requests for vacatio~ and/o aban6onm~e city streets.
alleys, sp8eial purpose ea.ementa an her nonfee interests
vh~eh the city may have in real prope~ty shall be 1n wr1t1ng ano
exeeuee4 in tripli~ate by the party or parties requesting ~he
aame. The application shall be filed with the oity clerk and
ahall include. hut not be 1~mite4 to. the following;
A. ThG nama and address of the ap~licant.or applicants.
9. A complete and aeeurate legal descr1ptiQn of the street,
alley, 8pecial purpose easement or other nonfee interest
ot the city or any portion thereof sou9ht to be abandoned
Qr vacated. Whar8 poaaible. the legal description shall
be aec~&n1ed by a plat, map or drawing showing the
genera~ are~ 1nvcl~.d an~ the location of the specific
prQper~y ineez:oe"~ to )). abaneonad or vacated.
C. Whe:her title O~ interest of the eity and the public ia
an(l. to the p~os:t.y 'liIo\lght. to be abandoned. or vacated was
acquire4 by 4ee4, 4edication or pre.=ri~tion, and if
reco~ded in the pUblic reeor4s, ~be book an6 pa;e number
thereat.
I:) . The reason for t.hfi r.~o.t of the w,ancionment or
vacat10n.
i. The names and aOdre8ses at the owners and oecup&nt& of
abutting real property.
i'. eerti~ication that the ":toperey vaa not a<:qui:-e4 or
dedicated fQ; state or te~eral h1ghw.y purpo.ee an4 w1l1
not adversely affect other property owner. cr
unreasonably limit ace.ls to the1r p~aperty.
Verification ~rom each affecteC or pocentially affected
utility eom;any that they have no lntere8~ in ~he
va~ation/abandonment, or, if they nave present O~ future
iftter..t, propose~ easement 4ccuments protecting their
i:lter..ts.
NQ~aril.4 e.rtifi~ate by the applicant that the
appl1o.t~Qn ~6 aecompanying material are true an~
c::or~.ct.
eu~h other rAl.vaftt intormation as the city may require.
Sectio:a. 3. Appli.cation f8e.
A. Ba~h appliea~ion tiled. with the city clerk, other than a.n
application ini~i.t.d by mcti=n of the City Ccmmiss1oft,
shall ~e aecompaniea by payment of a fee a8 adopted ~y
...".. ~,r~~ ., l"., Or....... "'.~1
22..6
/7bY1 G, ?oIL,- Bt: IIAN~ 13, e~ [r,Qcl.
1Jo'fe' Ij,nJ''', we, f>/c ~l~ Cl>fll~~:",,~rr, -r~
ACTIVITY REPORT
TIME 08/08/1995 13:44
NAME
FAX
TEL
DATE TIME FAX NO./NAME DURATION PAGE(S) RESULT COMMENT
07/27 11: 44 407 243 3774 54 02 OK RX
07/27 12:21 98204340 35 01 OK TX
07/27 12:40 4073645600 26 01 OK RX
07/28 09:40 97378252 46 02 OK TX ECM
07/28 12:35 82124636536 01:20 03 OK TX
07/28 12:56 89044882746 01:01 02 OK TX
07/28 13:56 4073645600 26 01 OK RX
07/28 14:01 83129448541 01:02 02 OK TX
07/30 15:03 6422479 56 01 OK RX
07/31 08:33 96409877 02: 21 02 OK TX
07/31 09:53 92433774 49 02 OK TX
07/31 10:50 83054804268 01:33 04 OK TX ECM
07/31 14:14 4073645600 30 01 OK RX
08/02 10:13 93756381 31 01 OK n< ECM
08/02 13:24 33 01 OK RX ECM
08/03 12:20 4073645600 25 01 OK RX
08/03 14:00 98204340 52 01 OK TX
08/03 15:02 92781040 44 02 OK TX ECM
08/03 15:30 02:21 04 OK RX ECM
08/04 09:39 4073645600 26 01 OK RX
08/04 11: 08 98330711 31 01 OK TX ECM
08/04 12:03 83057553866 02:58 05 OK TX
08/04 15:33 89043635188 01:27 02 OK TX ECM
08/07 08:59 89043635180 27 01 OK TX ECM
08/07 10:22 2124636536 50 01 OK RX
08/07 12:20 96893307 01 05 02 OK TX
08/08 09:52 407 243 3774 04 13 07 OK RX
08/08 10:33 83055928258 01 23 03 OK TX ECM
08/08 13:32 94711201 02 06 04 OK TX
08/08 13:43 96243533 01 06 02 OK TX
CV COVERPAGE
CA CALL BACK MSG
POL POLLING
n
---~------_.- --...
Jv1.v lB., 1995 City CO:Jlmission k .ti~.q
TO: Carr1e ~ark_r
City Mana;er
FROM: Tambri J. HeYden~
Plonn1n9 and zoning Director
~AT2z 30ly 13/ 199'
SUBJECT: Lake Wo~th Chr1etian ~cbool - uUAR #95-002
Ordinances 'io~ ~And U5e Element Amendment << Rezoning
The above-referenced item has beQn advertised fer Second Reaa1ng at
the July 18, 1995 City Commission meat1nq_
DESCRIPTION: At the last City Commission m4liQting first read.ing of the
ordinances occurred to reclassify and rezone 0.4 acres of proper~y
acquired/extra.cted by the Lake Worth Chrietian School from the
aajaeent cedar Ridge Estates Plann&1 unit t.evalopnan.t (pun), Y'QU will
a~so recall that as a condit1Qn of th9se requests, the app11c&nt is
to submit to staff for review and processing a Unity of Title form,
ah abandonment app11cat1oa to eKtinguish riqht-oi-way $xist1ng within
'the PUD, an aqreellleh1: between the School and the devsloper of the PUD
to tac111~ate maintenance aocess through the pun, and an aqrQement to
approve the use by the School of a drainage area within the PUD. To
aatel all cond1tions have been met with the exception of suhmittinq
the dra1naqe aqreement. Staff requested that the required elements
be eubm1tted prior to JUly 7th, to accollll1oc.ate an anple review period
in advance of final reading of the ordinances.
RECOMMENDATION; Given that all above-described eond1tions have not
heen met. ~taff recommends that flnal reading of the Ordinances for
land uee amendment ana re~on1ng be tabled until the out8tand1nq item
1c ~uhmit~ed. x bave been infarmed that this document is currently
heih9 dr.fte~ ~hrough the nece~aa~y negot1atlons between the affected
t1il:!'ties-
TJH:mr
Attachment
"'Ia~If.__.AIIW
~
SCOTT
ROYCE
ATTORNEYS AT LAW
SCOTr, ROYCE, HARRIS, BRYAN, BARRA & JORGENSEN, P.A.
July 5, 1995
VIA FEDERAL EXPRESS
Mike Haig
City of Boynton Beach
Zoning Department
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
RE: Condor Investments - Abandonment Petition (Miner Road)
Dear Mr. Haig:
In accordance with our conversation, enclosed you will find four (4) copies of the
Plat of Cedar Ridge, a P.D.D. & High Ridge Commerce Park, a P.I.D., which you have
agreed to use to show the portion of the property being abandoned by Condor
investments.
H you require anything further, please feel free to contact me.
Very ly yours,
- fJ7~A/
thleen M. Brandon
Real Estate Department
Ikmb
Enclosure(s)
ill ~~~4U~ ~@
RICHARD K. BARRA' JOHN L, BRYAN, JR. . BARRY B. BYRD' MARK P. GAGNON
J. RICHARD HARRIS' JOHN M. JORGENSEN' DONNAA. NADEAU
RAYMONDW. ROYCE' ROBERTC. SCOTI' (J925-1982)
4400 PGA BOULEVARD, SUITE 800 . PALM BEACH GARDENS, FLORIDA 33410
(407) 624-3900 . FAX (407) 624-3533
~
SCOTT
ROYCE
ATTORNEYS AT LAW
Scan, ROYCE, HARRIS, BRYAN, BARRA & JORGENSEN, P,A.
/
,-
D f) ':';
,- i -
/{J~.~/
~,\ \:\\ -. r'
July 5, 1995
VIA FEDERAL EXPRESS
rn
rn u w ~
ill
Michael Rumpf
City of Boynton Beach
Zoning Department
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
Jl. 6 1995
Dear Mike:
I am enclosing herein three copies of an Abandonment Petition for Miner Road
as established by the Plat of Cedar Ridge. The Abandonment Petitions have been signed
by David Rinker, as President of Condor Investments of Palm Beach County, Inc. I am
also enclosing herein Condor's check in the amount of $500.00, payable to the City of
Boynton Beach, as the filing fee.
Should you have any questions, please do not hesitate to contact me.
Very truly yours,
~'-e:-,
J. Richard Harris
JRH/kmb
Enclosures
RICHARD K. BARRA. JOHN L. BRYAN, JR. . BARRY B. BYRD' MARK P. GAGNON
J. RICHARD HARRIS. JOHN M. JORGENSEN' DONNAA. NADEAU' RAYMOND W. ROYCE
ROBERT A. SCHAEFFER. ROBERT C. SCOTT (1925-1982)
4400 PGA BOULEVARD, SUITE 800 . PALM BEACH GARDENS, FLORIDA 33410
(407) 624-3900 . FAX (407) 624-3533
~ ,.,wv
f(o \ ~i)
\~ t .l' . pr. r^ ' l<(D
,-,,\t> 1> \ O(fll !J'::, -)... ^y ~ '<' ",,^, 0 i '2- {
:'~TO Rwh..rci g..rri.. ~e. \" ~L.1t ,I J .,~.~ (
Thi~; letter C:Gn.firm~; the ~ppr.oa,::;h te. u~e reqardinq' rthe ~~ ~ u ~
abandolJ~ment of miner read a~ di~cU;:l~ed in cur recent telephene~O~
"::Gnver~;~~t. ~cn. V t) U
Fl:t:'~t. t~,,;<:} r.:.e";!,; a];:pl.~c.E'~t.~cr.:.;:'! need to he .:iubmitted ~ the fir~t J^''"'\)
combining the recently rejected Miner Read abnndonrnent and I
p,:trcel ~ c.ne and t.l-lIee .of your mc~t reeent appl i,:;at ion and the ~
~Ar'r'.n"-'l -}-"-"1'1...:1 ...".....~..1r .- 1.. ...,- - ~- ~ t.,~, ,-f 'trt"'u..... r~-""" t- __~"\
.- _ '-"~ '_' ;::J .'~ ~ U .-'.[:-''=''-<..... ......-n.J.J:' '_"'~' pa.... ......eJ. >'....~.....- ..<~. _ ",,<~..,n~ ~ ~ t"
applieati.on. Your applicati.on ~h.ould indicate you a~ agent for .
Wa~te Management on the~e re~~e~ted ea~ement applicaticn~ that
they currently o~n{parcel 2) T
Each application need~ ~~ be complete with the re~ult~(letter
t:.;:;~. ,,--s..'lJ.e ut.ility Gemp,::tny~ that. mi,~ht have on intere;:lt-
_....... f"i.:' - r' ..-. ~-....:J - ,~1 ...~' ,-,....,...1- r,,f 1-1-, - -,~-.1 ~,~,.. i- ~ '-'.'- k" r' '.t:. ., ....,. r' i-; r... - - ~~, i- "-'.
"~'~._..~.....~l:::!'._l ,_,..:1. .];",~....,~, .~":'. ~..~ a};.r:::~ ~~~..:'-:-~...:.. ~~._.. ,~};F:..:..l~.a~M..:..~r.. J?-~~<""M_"-::
~ .J-..'a-~c~c.mr:..t:trJ.J..ect "c"j/" l.t.~ C:''':i\:rJ.J. tee... ~~1.rn,11u.rlj/ e:ac~n r:tp.pl~.8.at.~.=.n neeCl~
to be ~ccomp~nied by ~ current ~urvey and opinion .of title.~ew
~.~'~'::t;;pi ~.,~,~~~~n~~.rnbined mir.:.::.r r.:::~d pr'opertie~ need t..o .:l.G,::n:n::>=,n'I
.~...~~ 1=":~ ]:.- t.
.- . "I:
:::.:t t.l-.le
revi~ed City code the applic~it ~~ re~pon~ib18
the utillity Gompan~e~ w~tn reg~rd te ;:l.oliciti~g
en the abandor~nent7
f::r Gent~Gtir.:.g
t.l-J.e i l..- .:::c=-rnrn 81-l.t::J
The City attorney ha~ initi~ted the re~~irement th~t an
~tt2rney~ opinion of title ~hould ~CCQmp~ny ~ll Qb~~donment
~. .'
ul::.r:--ll-:::,=...t l.C:'2-l~"'.,
'1'1-...8
r-i'j f-.. 7" 'i,-".,.... t-
.___...... '-o.j;' ..,\ '_... r-' '_'
, "'I' ... ...
p''LlJ::...L 1. .::: a J. 1.:t
f~-:i~.l'e1.-t. i ~~8 trJ.e p1..1bl ic: l-.le~ril-.l':;f ~='1-.1. ..J_...._.
i~ nen refund,~.le after adverti~ement
~b~ndGn~ent~ ~nd the fee
!'j1~""J.-.""'~ h~-l ~r:.~':'.-~t-A.rl +-b~"'+- ~~he-e ~r:..-v-..j ':'.__f-~.~."I"'\-'!; m-'":~ 1.-..e ~,r_~t...P1_.c-_~:"l A.~_':
"'~"'''~\.8_'''''-'- ..._'_~r_' .........._"-'-__._,,..J__....... t.i".o1-'~'i..'-' '.J ro-J .;...i.J:".~.....J..._.r..-L'-'......_..._ ....r-"-.~ j...i :.,J.i..i. .,----
:: .~', ...- 1-, 1-. ,~. .,:.....,. '-',. r - _,., "-" ,-. ',- ~ h- . ,:-:.-.":'. -.' ~.:1 ....:1 1.. 'L.. _ _. ". - ....- _ ._" ,_. __'. - '-, - ~ -'-', ,...:1 ~ '.. .~
_.~.... '_'..'=' ..,..~\.~l..._.'='_ ~ J:'-'~"" ""_""...1 .....L.~-'. '~.r..,=, ..~~.m.l:"~~.M~ ~..,..1 ;::;u,J:.r[,~tt8ct
;~,~~~t.~~r[~;S~~-;.~.:;~~~ .~~~~ t~~r r~,~~~r:~1-~u~'f.~~\L';.~i:;:]: ~
U~illt~ letter~ need to be received pr~cr to ~ctuul O~vu
a.:::{......:r8i..-t 1. ~ erClBl-~t. or
lA' /.L0 .... 1)-.,' t ~ ~ i jJ: S-
1,1 Lv ,1"'- ~, . ~..
I' ~ f'f ffi'l\- ~,
G A tAJ-x2 ~" " LM'
. /J Y, ( J y ~1...b-tlI:J I
"' ,;~e./"\ l~. {'elk" ../ -
~~. '\\~" II,LI, p" \11)fr J ~;~
\.\- 6-lJ\.l-H'vj .-r- -
f1;~K /6;M
..--r-- ;: 1_ r -
J o4J7 Ie tv r vP-Cen---~'
04/03/97:_ THU 17:50 FAX 407 624 3533
SCOTI'.ROYCE
1tI009
lJ1ie City of
~oynton 2Jeat,h.
.....,'
.~.
100 '1'_ ~tml i&tJ&. tJJmJkrxurf
'.P.O. ~1(,310
'lJoyntcn 'Beat~ 7forlt(a.. JJ42S-rJJ zrJ
City 9ioJl: (407) 37j.fj()()(J
.1'JU': (407) 375-6090
Via ~ax: (407) 624-3533
January 25, 19~6
J. Richard Harris, Esquire
Scott, Royce, Harris, Bryan, Barra & Jorgensen { P.A.
4400 PGA Boulevard, Suite BOO
Palm Beach Gardens { FL 33410
Re: Miner Road Abandonment - ABAN # 95-011
Dea.r Mr. Harris:
This letter is in response to your January 18, 1996 letter to me
which discusses a quit-claim deed executed by Palm Beach County for
the Miner Road right-af-way and access control easement. I concur
that this option will satisfy the city's condition # 1 placed em
the approval of the above-reference application, in lieu of seeking
a formal abandonment by county.
~nCerelYr
. ~(u.lltJ
~~jjJ~-/ J~'
~~bri J. Heyden
Planning and Zoning Director
TJH:dim
~c: Central Fil@
~:~i~kClaim_Min/TJH
j{~as fiauf1.JtJy to tfu 9u!fstreAm
04/11/97 FRI 16:52 fAX 407 624 3533
SCOTT,ROYCE
~
SCOTT
ROYCE
ATTQ~"~YS ~y LAW
SCO'O', ROYCE, HARRlS, BRYAN, BARRA & JOtUJENSEN, P A
Ms. Tambri Heyden
The City of Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beachl FL 33425-0310
Fax #; 375-6259
Dear Ms. Heyden:
III 00 2
fwi ~ A:R ~~7~lli] ill
PL4NNING AN!)
ZONING DEPT.
April 11, 1997,
I have reviewed the minutes of the Commission for the meeting on ,December 19:
1995. At this meeting the Commission approved the abandonment of Minor road subject
to the comments set forth in the ruin'utes. Mr. Cherot' s.tated as follows:
"the document which the City will prepare will not be recorded or provided to the
applicant until the conditions are met. Approval on that basi~ will eliminate the
need for the applicant 10 come back before the Commission,."
As r have indicated in previous correspondence, we believe the comments have bee
satisfied. There,fore, 1 would very much like to know jf the process to have this matter
resolved. It seems Mr. Cherof's comments in the minutes indicate a he established a
procedure which makes further act'tO,n by the Commissi,on unnecessary.
We have attempted on several occasions to learn the status of this matter and to
get it resolved. My client now stands in jeopardy of losing a sale of a portion of his
property if he 'does not have an immediate resolution. Therefore" it is critical we have
an answer.
Very truly yours,
~ -~, -'-
. ~--, ,.
'J. Richard Harris
JRHtkrnb
h:"~H~l<l1 K. BAllRr\. 'OliN L. n1.'YAN, IR. . J. ~!(~I'IAlO!i:\REH
'OliN M,jOllt)l!N,til' . 1.l0NNA^ NADEAU' I:J7oII/01. WI\<JI\,,~
IWfMOND 'lV, ~OYCI! . r(OQl,t'I' c ~C,)'tr m;'5.19&21
4~OOPOA BUUL""^"", S~'IT~ 600 . P^,LM BIlAC,[ 0""')F,N5, Fl.r.'JRJOA 334. 10
(561) 62...3900 . Fu (.:l61) u;;J4.)63}
02113/97 THU 10:19 FAX 407 624 3533
-.
SCOTT,ROYCE
III 002
" .
'~
,~
SCOTT '
ROYCE
",-,
...y.rO"'~EV' AT LA,W
Seon, ROYCIa, HARRIS, BRYAN, BARRA &JORIjEl'l'S~N, P.A.
. FebrucUy.12. .1997 .
Via 'Fait: (561) ,375-6090
, ,
_T~J.Hayd8n
, ,PJaming, '. 'Zoning' ,~'
, CltyqfBov~Qh ,Beiid).' .
" tog SojnIQn 88ach~
,Second Floor,', W.. WIlg " .
Boyrton Beac:h. ,Florida' ~
fE; ,Conda~ '.~ Palm sNchCOOnty, Inc.
Abandonmen1 of' Mir1et, Road .
'Dear' T~ '
, In ~ ot199S, ~J~ of Palm ~ County, Inc., received approval. of the
'~, ~ v.anous' ,dedit'aIioris, for Miler: ~b8twMn High Ridge Road and the CSX Railroad'
right-d:.way'gnd,~ 'aI,. ~buff8ling easement anctlimitectaccess easemena. 1he
,~,\W8SapprCNed"'1tljfIcl1O six{6)OQlditions.
" I ~, thelasl cxiM:idollto be ~ Is.set ,fOrth in th8mirilhis, cf the ~ or D.ail1~r ,
, 19, UI85,_ comment rlUJriber fill. (S). Ilfthat regard, I am enclosing ,herein a copy' of the exeellted '
Easement Agnilemerawhich has. ~ beeri recorded'in the ,PubliCR8cxlrdS.
.. AeoordinQto the~ hit was adopted. th8 abandonme$ are appI'OVecs. SUbjeCt to the
~ being, met ~ fQ a resok.ltionbeinQ prepared. , .
, , PI8iI88, nNiaWyour file 'ccincerrIng thia~er to Verify thal, all. corKmlonshave rlOW been met
and ,ittarm. niB, as, to the' procedure that, muSt riqw be follo\lVedto NWe the final resolutiOns, of
abandonment preplir8d' and adopteO bylhe CotmUssic:lrL '
As __80, I ~ ,ytJHr Cooperatjori.
, ,
,Veey' trulyyClO~
~~..
JRfflIuDb. '
'~
oc: c.cIor '.m....... :of P-. BelIch eouday.lnC~
R1Cl~~ ](,IlAJl:1t',' JOHN I.. IlJO^'t JR.' J. RJCI~ lwtRlS '
JOJol/ll :>ot:10IlClllNSEN . DONNA-A. NAIlEAl'.' IIJWI!' M, "'..O""H,R
_.....,..._, 'RAYMCND1l'I, lKm~Il" ~e~'~"'c. SC')'IT((926'!9&2I,.,
'4400 PCA'ijOl)l.EVARD, SUITll'8Ull . PAtH RF.A(~H O.....lli;NC, FlOltrDA 334010
"(561) 6211.71900 . FA.qil61) 1>24-3il~~
02/13/97 THO 10:20 FAX 407 624 3533
SCOIT, ROYCE
~003
'.
, ,
....-..
,--.'
PREPARED BY AND RETURN TO:
J. Richard Harris, Esquire
Scott, Royce, Harris, Bryan
Barra & Jorgensen, P.A.
4400 PGA Blvd., Suite 800
Palm Beach Gardens, FL 33410
w/c #3:2
3(131
EASEMENT AGREEMENT
THIS BASEMENT AGREEMENT (herein referred to as the
If Agreement IT j is made this ~\..day of F.; 13l~V ' 1997, by and
between WASTE MANAGEMENT INC. OF FLORIDA, a Florida corporation
(WASTE ' MANAGEMENT), and FLORENTINE MARBLE COMPANY, INC.
("FLORENTINEIl), and GENEVIEVE ROLLYSON and JAMES H. ROLLYSON,
COTRUSTEBS OF THE GENEVIEVE ROLLYSON REVOCABLE TRUST DATED
SEPTEMBBR 23, 1989 (IlROLLYSON").
R Eel TAL S :
A. WASTE MANAGEMENT is the owner in fee simple of the
following described property (herein referred to as the l!WASTE
MANAGEMENT PARCEL II) :
The East 50.00 feet of the following described tract:
A portion of the Northwest one-quarter (NW 1/4) of the Northwest
one-quarter (NW 1/4) ot Section 16, Township 4S South, Range 43
East, Palm Beach County, Florida, more particularly described as
follows;
BEGINNING at the Southeast corner of Lot 16, BOYNTON BEACH
DISTRIBUTION CENTER, according to the Plat thereof, as recorded in
Plat Book 47, Pages 100 and 101, of the Public Records of palm
Beach County, Florida; THENCE North 00000'07" East, 232.02 feet;
THli:NCE South 87042'35" East, 449.23 feet; THENCE South 00006'46"
West, 232.00 feee.; THENCE North 87042'35" West, a distance of
138.99 feet to a point on the arc of a non-tangent curve concave
to the Southwest (said point bears North 55025'13" East from the
radius point of the next des~ribed curve); THENCE Northwesterly
along the arc of said curve having a radius of 50.00 feet, a delta
of 95057'48'1, an arc distance Of 83.74 feet to a point of reverse
curvature with a curve concave to the Northwest; THENCE
Southwesterly along the arc of said curve having a radius of 25.00
feet., a delta of 42050'00", an arc distance of 18.69 feet to a
point Of ta.ngenc:y; THENCE North 87042'35" West, 218.80 feet to the
Point of Beginning. Said lands lying in the City of Boynton Beach,
Palm Beach County, Florida; CONTAINING 11,600 square feet (0.266
acres), more or less,
02/13/97 THU 10:21 FAX 407 624 3533
SCOTT,ROYCE
[lJ 004
',,~
...-",,'
B. FLORENTINB is the owner in fee simple of the following
described l:.'eal property (herein referred to as the "FLORENTINE
PARCEL" ) :
A parcel of land lying in the Northwest Quarter (NW 1/4) of the
Northwest Quarter (NW l/4) of Section 16. Township 45 South. Range
43 East, City of Boynton Beach, Palm Beach County, Florida, more
particularly described as follows:
Commencing at the Northwest corner of said Section 16, run South
87040'45" East, an assumed bearing for the North line of said
Section 16. a distance of 1352.17 feet to the Northeast corner of
said Northwest Quarter (NW ~/4) of the Northwes~ Quarter (NW 1/4)
of Section 16; thence South 00006'46" West, along the East line of
said Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4)
of Section 16, a distance of 624.71 feet to the POI~n OF BEGINNING
of the hereon described parcel of land; thence continue along the
East line of said Northwest Quarter (NW 1/4) of the Northwest
Quarter (NW 1/4) of Section 16, a distance of 30.02 feet to the
Northeast corner of Lot 12 of the subdivision, BOYNTON BEACH
DISTRIBUTION CENTER, as recorded in Plat Book 47, Pages 100 and
101, of the Public Records of ~alm Beach County, Florida; thence
run North 87042'35" West, along the North line of said Lot 12, a
distance of 130.13 feet to a point on the Easterly right-af-way
line of Industrial Way, of said subdivision, BOYtfrON BEACH
INDUSTRIAL CENTER; thence with a curve to the left, having a radius
of SO.OO feet, a chord bearing of North 16008'36" West, a central
angle of 36052' 03", and an arc length of 32.17 feet along said
Easterly right-at-way line of Industrial WaYi thence South
87042'35" East. a distance of 138.99 feet more or less, to the
POINT OF BEGINNING.
C. ROLLYSON is the owner in fee simple of the following
described property (herein referred to as the "ROLLYSON PARCEL") :
A parcel of land in the Northwest quarter (NW 1/4) Of the Northwest
quarter (NW 1/4) of Section 16, Township 45 South, Range 43 East,
Palm Beach County, Florida, more particularly described as follows:
COMMENCING at the Northwest corner of said Section 16; thence South
B7040' 45" East, al.9ng the North line of said Section 16, a distance
of 902.17 feet to the POINT OF BEGlmfING of the herein described
parcel of land; thence continue South 87Q40'45" East, a distance
Of 450.00 feet; thence South 001)06'46" West, a distance of 392.71
feet along the East line of the Northwest quarter (NW 1/4) of the
Northwest quarter (NW 1/4) of said Section 16; thence North
87042'35lr West, a distance of 448.72 feet; thence North 00000'07"
East, a distance of 392.95 feet to the POINT OF BEGINNING. Said
lands lying in the City of Boynton Beach, Palm Beach County,
Florida, containing 4.055 acres, more or less.
D. The parties hereto wish to es:ablish certain easements as
more particularly described herein and to have this Agreement
recorded in the Public Records of Palm Beach County, Florida,
02/13/97 THU 10:22 FAX 407 624 3533
SCOTT,ROYCE
14J 005
'-"
,--~.,
NOW, THEREFORE, in consideration of the mutual coV'enants
herein contained, and the sum of TBN AND NO/IOO DOLLARS ($10.00).
the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
l. The above recitations are true and correct and are
incorporated herein.
2. WASTE MANAGEMENT does hereby es~ablish, give, grant, and
convey unto ROLLYSON a non-exclusive acceSs easement over, across,
upon and on the WASTE MANAGEMENT PARCEL (the "WASTE MANAGEMENT
EASEMENT") .
3. FLORBNTINE does hereby establish, give, grant, and convey
to ROLLYSON a non-exclusive access easement over, across, upon and
on the FLORENTINE PARCEL (the 11 FLORENTINE EASEMENT") .
4. The term of the WASTE MANAGEMENT EASEMENT and the
FLORENTrNE EASBMENT shall be perpetual, running with the lands
described as the WASTB MANAGEMENT PARCEL and the FLORENTINE PARCEL
and is in favor of ~OLLYSON, and ROLLYSON'S successors and assigns
who are owners of the ROLLYSON PARCEL. It is the intent Of the
parties that as to the easement herein granted. the WASTE
MANAGEMENT PARCEL and the FLORENTINE PARCEL are the subservient
tenements and the ROLLYSON PARCEL is the dominant tenement.
5. The cost and e'Xpense of all normal maintenance of the
WASTE MANAG#EMBNT PARCEL shall be borne equally by ROLLYSON and
WASTE MANAG#BMENT. The cost and expense of all normal maintenance
of the FLORENTINE PARCEL shall be borne equally by ROLLYSON and
FLORENTINE. In the event that any party hereto fails to meet its
burden of maintenance of either the WASTE M.:~NAGEMENT PARCEL or the
FLORENTINE PARCELl the other party sharing the cost and expense of
normal maintenance of such PARCEL, at its option, will have the
right to perform such maintenance, including making all necessary
repairs and replacements, and shall charge the non-performingparty
the cost of same, which the non-performing party agrees to pay the
perfonning party within thirty DO} days of its receipt of the
demand for payment.
6. In the event that any damage is caused to the FLORENTINE
PARCEL or the WASTE r~GEMENT PARCEL as a resul t of use by
ROLLYSON, ROLLYSON shall be responsible for the entire Cost Of
repair. In the event ROLLYSON does not initiate such repairs
within thirty (30) days of notice thereof, WASTE MANAGEMENT or
FLORENTINE, as applicable, shall have the right, but not the
obligation, to effect such repairs and to charge ROLLYSON for
reimbursement of the entire amount thereof, which reimbursement
shall be made within thirty (30) days ot receipt of demand for
payment therefor.
7. In the event any party hereto is required to enforce the
terms and provisions of this Agreement by litigation, the
02/13/97 THU 10:23 FAX 407 624 3533
"-'-'"
SCOTT,ROYCE
@006
''-,-'
prevailing party shall be entitled to recover its attorneys' fees,
costs and expenses, including appellate fees, costs and expenses.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals as of the day and year first above written.
Witnesses:
~
WASTE MANAGEMENT INC. OF
FLORIDA
~O~~
s President
FLORENTINE MARBLE COMPANY, INC.
~.
BY:1t".
l
~ -r~.
STATE OF FLORIDA /J
COUNTY OF 13 row~~rc::Y
A~I
The foregoing instrument was acknowledged before me t~is ~ .~
day of J'.:i!brur.vv , 1997, by 4.. -r;..m-e$ t. O'c.ttJnnor- , as President
of WASTE MANAGEMENT INC. OF FLORIDA, a Florida corporation, on
behalf of the corporation. ~~~ .
OTARY PUBLIC "'
(SEAL)
~'b " .lAMEST PAPPM
. MyCommII." CCMOlW8
* * Ibcplr..JuI,04.1898
8Gr1dMf by Ho\I
"'~Of~ eoo.422-IS55
(Print Name)
My cOtm'lission expires:
Corrrnission No.
02/13/97 THO 10:24 FAX 407 624 3533
SCOTT,ROYCE
[lJ 007
'--.
1..__..-
Personally Known vi OR Produced Identification
Type of identification Produced
STATE OF FLO~IOA
COUNTY OF f/ 0.1 h'l 13e ad\
The foregoing instrument was
day of febl'!kV~ 1997, by .John C
of FLORENTINE BLE COMPANY INC. I
of the corporation.
f . ,+~
acknowledged be ore me th1S ~
fJic.h o/S ,as President
a Florida corporation, on behalf
1~)~>~>>>m>>>>>>>1'>>)A)#)>>),
~ ~W;~l ~(I. IA6t Rutb ~& if
(. .. Nd.IIy PIIIlIio._ ~ .
( ~ 'I. ColulI:saioIl No. CC 215$1'
(SEAL) \-,,~a My COllW1ttfolllapinsfif''';'' .
....,.....&~__a~,'.
~w\"'....\\..,...,\\W,\....\..\\\,\~....y,.....w~,w.\.....,"l
.~ tf~~
N'OT Y PUBLIC
Joi~ Van.der ~ude
(Print Name)
My commission expires:
Commission No,
Personally Known OR Produced Identification
Type of identification Produced cll'iJers \'\c.ef\Se..
./
STATE OF FL~rDA
COUNTY OF -t>o..l r(l. Beach
The foregoing instrument was acknowled9~d before me this ~fA
day of Fe6rrJat..~ 1997, by Ge.ne V ieve ..;.. l' ames K.ollfHl, as President:
of GENE:VIEVE itOLLYSON, CO-TRUSTEE: and JAMES H. ROLLYSON, CO-
TRUSTEE. 0-<.0> ~tf~
~Q' , loIII....""I...... ~'l PUBLIC
~............
"..1 Co ~-"."~-
(SEAL) ~"'M7(- Ill" T.........fllM'I
..... 'l\Iw!oh na. ~....".. ~ \ r \ r
f..w...\w..\...y.,......."~w..~,,....WM.w..~ 0 i ~ 'y cA..l'\de i wu<x/. e
(Print Name
My commission expires:
Commission No.
Personally Known ___ OR Produced Identification ~
Type of identifica.tion Produced df'\ IU:.rs \; c <? f'\S~
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 97-148
FROM:
Jim Cherof
City Attorney
(f1f-
Michael Rumpf
Senior Planner
TO:
Date:
April 1 0, 1997
Subject:
Miner Road Abandonment (ABAN #95-011)
Review for Conformance with Original Conditions
Attached please find an easement agreement and an excerpt of the minutes from the
December 19, 1995 City Commission meeting which describes comment/condition #5
for the approval of above-referenced project. Please review this document for
conformance with this original requirement for the applicant to provide a revised access
easement agreement which confirms that an alternative, perpetual access is available to
the parties, and forward your written comments to m.e. A response at your earliest
possible convenience would be appreciated. Thank you.
cc: Tambri Heyden
!).j, n9'97 wED U9:51l F.U ..Oi 62.. 3533
SCOTT.ROYCE
I4J UlJ2
~
SCOTT
ROYCE
..........,..
I.~ro"..~y' AT ~I.'IH
Scorr, ROYCE. HARRIS, BllYAN', BARRA & JORCENSE.>oJ, P.A.
Fobruaty 12. 1997
Via Fax; (561) 375<<J90
Ms. Tambri J. Haydet1
PJanning and Zoning Depar1rnent
City of Boynton Beach
100 Boyntcn Beach BouIINard
Secanc:t FIDer. W8Bl WIng
aovnron Beach. Florida 33425
RE: Condor tnvestmenZS 01 Palm Beach Counly. Inc.
AbandOnmenI ~ Miner Road
Dear Tambri:
In December of 1995, Condor InvestmentS of Palm Beach COOnty. Inc.. received approval of the
abandOnITlent of various dedications for Miner Road between High Ridge Road and the CSX Railroad
right-d.way and abandcnmenl of a larl'oSCi'pA buffering easement and limited access easement. The
abandOnment was approved Sllbjett to six (6) condItiOns.
I b8IMN8 the last c:ondiliOn to be fulfi1Ied is set forth in the minUles of the meeting of Oecember
19, 1995. as comment number five (5). In that regard. I am enclosing herein a copy of the adCUted
Easement Agreemeru which has now been recorded in the Pubtic Records.
Accading to the motion thBZ was adopled. the abandonments are approved subject to the
conditionS being met priO( to a resoWUon being prepat'ed.
Please review your fie concerning this matter to verify that all conditions have now been mM
and intOm1 me 'as to the procedure that must now be followed to have the final resolutions of
abandOnment prepared and adopted by the CcmnUssion.
As cUways, I appI'8Ciat8 your cooperation.
V8IY tnJJy yours.
c;j!1~
,JRHIkmb
EncIosuree
cc: Coftdor ~ 01 PIIID B88cb CounIy. Ine.
J:!lCl-lAAD K 9.U!~ . JOHN I. ~S:VA,~./ll. . I, ~lCi1MD tLARIlIS
j;)HN M. JC~U~NBl" . POI'Il'1A.', !-lAJ;fi,W . I(!lVIN ;.( 'W.\ONEl!
AAlMCNPl' ltt'r.l: . RODE!:T C. SCO'l'T tJ92'.I'ln)
.l4000 PGA IlO~I."\'...Il'l). SVITI( 600 . PALM BEAClI GAl!Ol'foIS, F=lORlIl,\ 33410
(661) 62.-3900 . FAX (5bl) 11::4.353.3
ll~ '1I9'ni WED 09:51 FAX ';Oi 6::~ 3533 SCOTI.ROYCE
"..' j..,/111 J.UlJ 1V;"::"t t'JlA "u, ,,1:,* "",;tJ ~L;U'l.l'.l<U}~t.
4tJn!J 3
~OUl
I
******-***..**-***..*
*** TI REPORT ***
...................t.
TRANSMISSIOS OK
TI/RX NO
CONNEC1'ION TEL
SUBADDRHSS
CON1\'EC1'ION In
ST. TIME
USAGE: l'
pes.
RESULT
2679
3756274pp1.0001
02/13 10:18
OS'54
7
OK
- --~-- - ._-_..._-------~---~ ~--
ll-t,09.'9i ",ED OB:51 F,.u -lOi 62-i 3533
SCOTI.ROYCE
[4) llll.t
PREPARED BY M,.1) RETUF.N TC:
J. Richard Harris, Esquire
Scott, Royce, Harris, Br~Yan I
Barra & Joraensen, P.A.
4400 PGA Blvd., Suite 800
Palm Beach Gardens, FL 33 10
wi: #32 ~I I~
FES-12-1997 4:03PIIl 97-053239
ORB 9654 P9 787
I ..._.1'..__
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (herein referred to as the
"Agreement") is made this u"-day of Pl!'(llonw-y ,1997, by and
between WASTE MANAGEMENT INC. OP PLORIDA, A ~lorida corporation
(WASTE MANAGEMENT) I and FLORENTINE MARELE: COMPANY, INC.
(" PLORENTUU::"). and GBNEVIEVE ROLLYSON and J;..MES H. ROLLYSON,
COTRUSTEES OF THE GENEVIEVB ROLLYSON REVOCABLE TRUST DATED
SEPTEMBBR 23, 1989 ("ROLLYSON"),
R E C I TAL S :
A. WASTE ~AGEMENT is the owner in fee simple of the
following described property (herein referred to as the "WASTE
MANAGBMEtIT PARCEL") :
The East 50.00 feet of the fol:owing described tract:
A portion of the Northwes~ ane-q~arter (NW 1/4) of the Northwest
one-quarter (NW 1/4) of Section 16, TownShip 45 South, Range 43
Edst, Palm Beach County, Flor10a, more parti~ularly ttescrioed as
follows:
BEGl~~!NG at the Southeast co~ner of Lot 16, BOYNTON BEACH
DISTRIBUTION CENTER, ac;:::ording to t.h~ Ple.L Llu::J:;~of, as recorded :.n
?lat Book 47, Pa~es 100 and 101, 0= tne Public Records of Palm
Beach County, Florida; THENCE Korth 00000'0711 East, 232.02 feet;
THENCE South 87042'3511 East, 449.23 feet; THENCE South 00006'46"
West, 232.00 feet; THENCE North 87!) 42 · 35" West j a distance of
138.99 feet to a point on the arc of a non-tangent curve concave
to the Southwest (said poir.t bears North 55025'13" East from the
radius point of the next desc=ibed c~~ve)i THENCE Northwesterly
along the arc of said curve having a radius of 50.00 feet, a delta
of 95057'48", an arc distance 0= 83.74 feet to a point of reverse
curva~ure with a curve concave to the Northwest; THENCE
SouChwester~y along the arc of said curve having a radius Of 25.00
feet, a delta of 42050'00", an arc distance of 18.69 feet to a
poi.:lt of tangency; THENCE North 87042'35" Wes1:, 218.60 feet to the
Point of Beginning. Said lar.ds lying in the City of Eaynton Beach,
Palm Beach County, Florida; CONTAINING 11,600 square feet (0.266
acres), more or less.
- -_._~._~.._----..._-,----------
114,(J9-'97 I'-ED U9:52 F.U ..Ui 624 3533
SCOTI.ROYCE
~1l1l5
ORB 9654 pg 788
B. FLORENTINE is the owner in fee simple of the following
described real property (herein referred to as the "FLORENTINE
PARCEL II) :
A parcel of land lying in the Northwest Quarter (NW 1/4) of the
Northwest Quarter (NW 1/4) of Section 16, Township 45 South, Range
43 East, City of Boynton Beach, Palm Beach County, Florida, more
particularly described as follows:
Commencing at the Northwest corner of said Section 16, r~n Sou~h
87040'45" East, an assumed bearing for the North line of said
Section 16, a distance of 1352.17 feet to the Northeast corner of
said Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4)
of Section 16; thence South 00006'46" West, along che East line of
said Northwest Quarter (~~ 1/4) of the Northwest Quarter (NW 1/4)
of Sectior. 16, a distance of 624.71 feet to the POINT OF BEGI~rnING
of the hereon described parcel of landi thence continue along the
East line of said Northwest Quarter (NW 1/4) of the Northwest
Quarter (NW 1/4) of Section 16, a distance of 30.02 feet to the
I\"orthea.st corner of Lot 12 of the su):,division, BOYNTON BEACH
D:STRIBUTIO~ CENTER, as recorded in ?lat Book 47, ~ages 100 and
101, of the Public Records of Palm Eeach County, Florida; thence
run North 87042'35" West, along the North line of said Lot 12, a
distance of 130.13 feet to a point on the Easterly right-of-way
line of Industrial Way, of said subdivision, BOYNTON BEACH
INDUSTRIAL CBNTER; thence with a curve to the le=t, having a radius
of 50.00 feet, a chord bearing of ~rorth 16008'3611 West, a central
angle of 36052'03", and an arc length of 32.17 feet along said
Easterly right-ot-way line of lndustr~al WaYi thence So~th
87042'35" East, a distance of 138.99 feet more or less, to the
POINT OF BEGINNING.
C. ROLLYSON is the owner in fee simple of the follm.ling
described prope::'ty (herein referred to as the lIROLLYSON PARCEL") :
A parcel of land in the Northwes~ quarter (NW 1/4) of the Northwest
qua.rter (NW 1/4) of Section 16, Township 45 South, Range 43 East,
?alm Beach County, Florida, more particularly described as follows:
COt1MENCING at the Northwest corner of said Section 16j thence South
87040'45" East, along the North line ot: said Section 16. a distance
of 902.17 feet to the POINT OF BBGINNING of the herein described
parcel of land; thence continue South 87040'45" East, a distance
of 450.00 feet; thence South 00006'46" West, a distance of 392.7l
feet along the East line of the Northwest quarter (NW 1/4) of the
Northwest quarter (NW 1/4) of said Section 16; thence North
87042'3511 West, a distance of 448.72 feet; thence North 00000'07"
East, a distance of 392.95 feet to the ?OINT OF BEGINNING. Said
lands lying in the City of Boynton Beach, pa.lm Beach Count.y,
Florida, containing 4.055 acres, more or less.
D. The parties hereto wish to establish certain easements as
nore particularly described herein and to ~ave this Agreement
recorded in the Public Records of Palm Beach County, Florida.
U...1l9'3i wED 09:53 FAX ..OJ 62~ 3533
SCOTT ,ROYCE
Q) IlIlI3
ORB 9654 P9 789
NOW, THEREFORE r in consideration of the mt;,tual covenants
herein contained, and the sum ot TEN ~ NO/100 DOLLARS l$lO.OO),
the receipt and sufficiency Of which is hereby acknowledged, the
parties hereto agree as follows:
1. The above recitations are true and correct and are
incorporated ~erein.
2. WASTE MANAGEMENT does hereby establish, give, grant, and
convey unto ROLLYSON a non-exclusive access easement over, across,
upon and on the ~lASTE MANAGEr-lENT PARCEL (the "WASTE MANAGEMENT
EASEMEN'l'") .
3. FLORE~INE does hereby establish, give. grant, and co~vey
to ROLLYSON a non-exclus~ve access easement over, across, upon and
en the FLORENTINE PARCEL (the "PLORENTINE EASEMENT") .
4 . The term ot the WASTE MANAGEMENT EASEMENT and the
FLORENTINE EASEMENT shall be perpetual, running with the lands
described as the WASTE MANP.GEMENT PARCEL ar.d the FLORiNTINE PARCEL
and is in favor of ROLLYSON, and ROLLYSON'S successors and assigns
who are ~wners of the ROLLYSON PARCEL. It is the intent of the
uarties that as to the easement herein granted, the WASTE
~~AGEMENT PARCEL and the FLORENTINE PARC~L are the subservient
tenements and the ROLLYSON PARC~L is the dominant tenemen~.
5. The cost and expense of all normal maintenance of the
WASTE MANAG#EMENT PARCEL shall be borne equally by ROLLYSON and
WASTE ~~~AG~BMENT. The cost and expense of all r.ormal maintenance
of the FLORENTINE PARCEL shall be borne eq~ally by ROL~YSON and
FLORENTINE. In the event that any party hereto fails to meet its
burden of maintenance of either the WASTE ~~AGBMENT PARCEL or the
FLORENTINE PARCEL, the other party Sharing the cost and expense of
normal maintenance cf such PARCEL, at its option, will have the
right tc perform s~ch maintenance, includi~g making all neces6ary
repairs and replacements, and shall charge the non-performingparty
the cost of same, which the non-perfo=mi~g party agrees to pay the
performing party within thircy (30) days of its receipt:. of the
demand for payment.
6. In the event that any damage is caused to the FLORE~~INE
P7mCEL or the WASTE MANkGEMEIIT PARCEL as a r;sul t of use by
ROLLYSON, ROLLYSON shall be responsible for the entire cost of
repair. In the event ROLLYSON does not initiate such repa.irs
wi thin thirty (30) days of notice thereof, WASTE MANAGEMENT or
FLORENTINE, as applicable. shall have the right, but not the
obligation, to eftect sue:' repairs ar.d to charge ROLLYSON fo:-
re#rr~ursement of the entire amount thereof, which reimbursement
shall be made within thirty {30: days of receipt of demand for
pa}~ent therefor.
7. :n the event any party hereto is required to enforce the
terms and provisions of this Agreement by litigation, the
Il~ 'll~)' :ri wED 119: 53 F.U .lOi 624 3533
SCOTT. ROYCE
1iJ () II i
ORB 9654 p, 790
prevailing party shall be entit:ed to recover its attorneys' fees,
costs and expenses, including appellate fees, costs and expenses.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals as of the day and year first above written.
Witnesses:
~
~~~ ~\~t
11b~
WASTE MANAGEMENT INC. OF
FLORIDA
~
By: : I{)~ --
President
FLOREr\TINE MARBLE COMPAllY, INC.
BY~~
,-t~_D
\ \l~.
eSl.dent
STATE OF FLORIDA n
COUNTY OF 13 roWeArd' l
The foregoing instrument was acknowledged before me this ~~
day of ~e.brtfii' ' 1997, by ... "h...m€.j c. 0 ~Co"'l(f2r ,as President
of WASTE MAN GEMENT INC. OF FLORIDA, a Florida corporation, on
behalf of the corporation. ~~~ ~
OTAR'i PUBLIC "'
(SEAL)
11 _EOT_
My CocrvnUIan CC38BlWa
* * EJlIIirw.lul.04,18N
Bondtd by HAl
~"'~ .00422.1.
(Print Name)
My commission expires:
commission No.
1l~,O~1'9i \I'ED 09:54 F,o\.,\ .iOi 62-l 3533
SCOTT. ROYCE
~nn"
ORB 9654 pg 791
DOROTHY H. WILKEN, CLERK PB COUNTY, FL
Personally Known ~ OR Produced Identification
Type of identi!icat1on Produced
STATE: OF FLOAt IDA 0 _ _ J
COUNTY OF fla./", LXQCJ\
The foregoing instr~~nt was ac~nowledged before me this 6+;'
day of ,c~bt~ I 1997, by :John C. N,c.hols I as President
of FLORENTINE~BLE COMPANY INC., a Florida corporation, on be!ialf
of the corporation.
l~m>>>>>>)>>)m).>>>>p~>JIO>>>>~]
{ ,,~I\'. LMsRulh ~~J kit
(.. NClt4IyMHr."~'
< IJ ~ ~Ho.CC 2:ISlllJ'
(SEAL) ~ft".., MyCOnlmIIdDokplmLVl"".'7,
..... n.wp 1'14. "'*'" ....i.... ...... . 1
~"'-,'#IM"\\,,\,,,....,',..\,...,..,...w..,w....w.,i,YN..~
j7f~ tf~~
NOTARY PUBLIC
;{Di~ Va n.del' ~()de
(Print Name)
My commission expires:
Commission No,
Personally ~nown ___ OR Produced Identification ~
Type of ide:1tification Produced o..r'\Vers licehSe..
STATE OF FL~rDA L
COUNTY OF -th.\ '"'" B eo..c/\
The foregoing instrumer.t w~s acknowledg d before me this ~jA
day of 1=ebrrJcu:.,q 1997, by €.f1eVieoJe ~ ames 011 ~Ias President
of GENEVIEVE 1roLLYSON, CO-TRUSTEE and JAMES H. ROLLYSON, :0-
TRUSTEE. o-UY ~Jcrudu
Q ..._,.1 _II tJi;..y PUBLIC
.....-........
__I FI~ 01 . 'a_or::-
(SEAL; "'''''M1~ . 1~"""61'"
.... .....1lA ......-......e. ~
"...,...1fo....,w....,~,~\\....1fo..W#M'foo~
J..()i~ Vo...n.der OrJde
(Print Name)
My comnission expires;
Commission No.
Personally Known ___ OR ~roduced Iden~ification ~
Type of identitication Produced A.r-i i.!er-s )\c.<?"s~
-------------. .__.._._---.~---
(j.j lIl!'9i WED 09:55 FAX ':07 624 3533
scon.RorCE
[JjOU9
After Recording Return to:
w/c Bo:c 32
Scott, Royce, MmIs.taL
Atto: Clos/f1g ~rtment
4400 PGA Boulevard
P~jn, Beach Gardens FlorIda 33
* ~\\~' .
PREPARED BY A.}'P. OtT' 'D"-' n-,.
Ronald M. Kaplan. Esquire
Waste Management Inc. of Florida
Legal Department
2700 NW 48th Street
Pompano Beacb. Florida 33073
FES-t2-1997 It:OJPfR 97 -053238
ORB 9654 p, 785
I ..._'111_._.
Con 10.00 Doc .70
QUIT CLAIM DEED
THlS QUIT CLAIM DEED, executed this 4 day of February, 1997 by
WASTE MANACEMENT INC. OF FLORIDA, a Florida Corporation
whose address is 2700 Northwest 48th Street, Pompano Beach, Florida 33073. first party, to
CoNDOR INVESTMENT OF PALM BEACH COUNTY, INC.. a Florida Corporation
whose address is CIO J. Richard Harris, Suite 800.4400 P,G.A. Boulevard, Palm Beach
Gardens, Florida 33410, second party:
Wherever used herein the terms "first party" and "second party" shall include
singular and plural. heirs, legal representatives, and assigns of individuals. and the
successors and assigns of corporations, wherever the context so admits or
requires.
WITNESSETH, That the said first party, for and in consideration of the stUn of ten dollars
($10.00) in hand paid by the said second party, the receipt of which is hereby acknowledged,
does hereby remise, release and quit-claim \.ll'1to the said second party forever, all the right, title,
interest, claim and demand which the said first party has in and to the tollowing described lot,
piece or parcel of land, situate, lying and being in the County of Palm Beach, State of Florida, to
wh:
Tract S-2 (Minor Road), as established by the Plat of Cedar Ridge, a P.D.D. & High
Ridge Commerce Park, a P.LD" according to the Plat thereof recorded at Plat Book 46,
page 58 of the Public Records of Palm Beach County, Florida.
To HA VE AND To HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right: title, interest, lien, equity
. 1 of2 -
O~,09'97 WED 09:55 FAX ~O~ 82~ 3533
SCOTT. HorCE
[Q010
ORB 9654 pg 786
DOROTHY H. WILKENf CLERK PS COUNTY, FL
and claim whatsoever of the said first party, either in law or equity, to the only proper use.
benefit and behoof of the second pany forever.
IN WrTNESs WHERE:OF, The said first party has signed end scaled thcse prcs~nts the day
and year first Mitten above.
Signed, sealed and delivered
in the presence of:
~
.~Ml~ ::
(print name of witness)
WASTE~ ANAGM-;;!~
(James A. Waters
Regional President
\J
" ~:.
(Corporate Seal)
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STATE OF FLORIDA
COUNTY OF BROW ARD
The foregoing instrument was acknowledged before me this...1..- day of February, 1997,
by James A. Waters, who is personally k.Jlov,'n to me as Regional President of Waste
Management Inc. of Florida, a Florida Corporation, on behalf of the corporation.
Notary Public /-J /'
~9Y~
(Seal)
~~
*-*
~.~
-'AMes,. f'APPN:,
Uy CommiMIgn CC3808'8
1iJcpir" ~.04. 1w&
~bYHAI
e00-4Zl.,SU
(print or Stamp Name)
My Commission expires:
Commission No.
- 2 of 2 -
--...--..-.--..------.
rq '09" 97
~~D 09:56 FAX 407 624 3533 SCOTT. ROYCE
to.ilt .corc1i- ~to;
y'JIC80x32V....-.. .- .-. - .-.- - --
~~ot~ Ra,.ce,~~' . FEB-1J~tqq'L 3:49Pm 97-054977
,.,.tn. c\as\nl.,............... ORB - - 9656 Pi 6BZt
~~.oo PGA BOU~ Aortda 33410 I ...._ .11....-
.',:':~' Beach Gar 11$. COD 1.00 Dot .70
!tIlIll
PREPARED BY,
Paul F. Kin&. Esq.
AsmIant County ..utom~y
)01 Nt'I'lh Olive Awnuo, Suit. 601
w_ Paln\ ~ FL 33401
Folio No.
R96 199 Ir.~
PALM BEACH COUNTY QUIT-CLAIM DEE)l
THIS QUlT-CLAlM DEED, made this ~ day of February , 1996, by
Palm Beach County, Florida, party of the first part, and Waste Management, Inc., of
Florida, a Florida corporation, whose mailing address is 2700 Northwest 48th Street,
Pompano Beach, Florida 33073, party of the second part.
WITNESSETH: That the said party of the fust part, upon demand of the party of
the second part, pursuant to Section 255.22. Florida Statutes, and for and in consideration
of the sum of Ten Dollars ($10.00) to it in hand paid by the party of the second part,
receipt whereof is hereby acknowledged, does hereby remise, release and quit.claim to
the party of the second art, its heirs and assigns forever, all the interest which the party of
the first part has in the following described land lying and being in Palm Beach County.
Florida:
SEE A'ITACHED EXHIBIT "A"
O:~PC""TA\ENO\PfK\ENO_GI!.Ye\r..ell8YNQCOoeo
O.l'09'9i IrED 09:56 FAX .lOi 62~ 3533
scorr.RorCE
!4J III ::
ORB 9656 PI 68S
IN '\\'1TNESS WHEREOF, the said party of the fIrst part has caused these presents
to be executed in its name by its Board of Commissioners acting by the Chairman or Vice
Chainnan of said Board, the day and year aforesaid,
Signed, sealed and delivered in
the presence of:
ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
DOROTHY H. \V1LKEN. CLERK Q
~. /1 ~~._,.~ - '\
By: .~ u._~~~~t~ By: ..A-- . _'
Deputy Clerk ':'0/ "w. 6~ --P'" Ii - an
PI;: Q.\' Q, '~~
,~, -J',o;..,
~o: COUNT''''; :~:
~~')l,~{ OR\Q~)~.APPROVED AS TO FORM AND
IJI~~--_ ..~,.p: LEGAL SUFFICIENCY
""~~ -*- 's~~---- () n~
",,,....,.. By: r:~ -;, ')
CmU\ty me}
R96 199
FEB 2 0 1996
G;\CO'-1MO~,W'"CAT"\EHG'PFK\ENG_GE'II',!N~YNQCO CEO
04/09 '9; WED 09:S7 H..\ ~u~ 62~ 3S33
SCOTl'.ROYCE
~013
ORB 9656 P 686
DOROTHY H. WIlJ(fM, Cl.E~ F8 COOtm, FL
EXHIBIT "A"
PARCl:L 1:
Tract S.l (MINOR ROAD), as established by the Plat of
BOYNTON BEACH DISTRIBUTION CENTER. according to the
Plat thereof. recorded in Plat Book 47, at Page 100, of the Public
Records of Palm Beach County, Florida.
PARCEL 2:
" A<:c:eiS Control Eueman CllCumbenng the north " of Lou 18 and
19 of BOYNTON BEACH DISTRIBUTION CENTER. ~ording to
the Plat thereof. recorded in Plat Book 47, at Page 100, oftbe Public
R.ecords of'Palm Beach County, Florida.
.;:L~:rt: 0", fLOP.IOP., CO'.;NrY Of: PA~M BEACH
I. L'CROTH',. H. \;'\I~LKEr,: 3;{..t.'~1j:':!:) C~~rk (..~ t~)li
f!,,:,~~,': c~' GiJ;J!1'Y COlilmi~sior.p.rs tCftlty ~hl'? ~o c.~ :}
Ir'J~ ~~:..~;;';~~r,o::>y otlheO;;;inClI!"ed In my oi~lee
Z ~" q """""'"
~n _ .. a _~~'COU"" ]."'.
DATED arWeSl PSlln Beach. F'o on 1..-~-% _:O~""B-"'~d"
D~ H. WILl~E~ll~ . 10/ ~w. ~""c "~'",
By' - ~ , r e.:~:q 1- 'i~
. ~c; COUNTY. :iii~
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e
MINUTES
REGULAR CITY COMMISSION MEETING
BOVNTON BEACH, FLORIDA
DECEMBER 19, 199"
Staff fu:ther expressed concern about the two parcels being landlocked. He provided documentation
to staff which showed the easements that were reserved and established. Each of the parcels wOl.lld
never depend upon Miner Road. ciS dedicated. for accsss. Thev ar'8 not landlo<:ked. Mr. Hani, knoW'j
that each or the owners is in favor of .1b.1ndoning the Mirier ~oad right..gf-way, and aCce55 can be
confirmed in an easement agreement. He is certain Waste Management will agree with rhis. The three
owner.. who i4vor tnlil .abandonment, believe they have perpetual access out [0 High Ridge Road
through Industrial Way.
Mr. Harris does not believe there is much reason not to grant this abandonment request. He urged
conSideration by the Commission.
Ms. Heyden advised that the Planning and Development Board recommends appro'lal of the request
subjea to six conditions which were highlighted by Mr. HarriS. There have been modiikations since
that meeting. Tne modjfjc~tioni are as follow5:
Comment K .
Written acceptance from Palm Beach County Traffic Division
regardlnl the abandonment request.
Staff received a letter from Palm Beach County which indicates that the applicant must go thto~sh tbe
County process. ..
I
\
\
\
\
\
Written doc:um.ntation, acc8ptable to the City, that verifie5 that the
Rollyson, FOOT W Florentine Miu'ble parcels that abut the pan Ion
of Miner Road to be abandoned, have an alternate, perpetual means
of acce!S. The followl.. concerns have .been identified thus far
within the materials submitted in an attempt to address this issue:
Deed. from Rollyson to Florentine Marble is missinl conveyance
reference for dedication of a 30 foot wide inlNRIegresS usement.
b. There is qaH!Ition at to whether aoJlysonls sale to Waste Mualement
induded Rollyson's own 30 foot inSreHlepas easement; therefore,
Rollyson may not have accCftl any 10"ler. A separate easement
mould have been rakldicated by Waste Management for both
RollY50n and FlorentIne to use.
( M~. Heyden advised that Mr. Harris is correct, and staff has agreed to delete the verification of access
~or FOOT. However, staff still feels that Rollyson and Florentine Marble need a n@w dedicated deCem
easement. Mr. Harris is agreeable since both parties are in favar of tha ab4ndonment.
Comment #5 ..
8.
\
I
Comment.4 ..
Submittal of a SUl"'.y showins propolCd dedication 0'1 utility
easements to satisfy FPL and the City Utility Department condUions.
,\-'s. l-4eyden advised that a5 a condition to the approval by FPL and the City Utility Depa.rtment, a new
utility easement needs [0 be superimposed to the abandoned right-of-way.
11
SEP-08-1995 16:02
Board. o€ County Commis.~i'u\er!!l
Ken L. Foster, Chairman
Burt Aaronson, Vice Chairman
Karen T. Marcus
Carol A. Roberts
Warren H. Newell
Mary McCarty
Maude Ford Lee
22222222222222222
407 478 5770 P.01/01
County Administrator
Robert Weisman
DQpartment of Engineerio8
and Public Work.
SUB..lECT:
Proposed N1ner Roa~ Abandonment
September 8, 1995
Tambr1 J. Heyden
Plann1ng and Zon1ng D1rector
The C1ty of Boynton Beach
P.o. BOX 310
Boynton Beach, Flor1da 33425-0310
Dear Ms. Heyden:
I am writing in response to your letter of August 16, 1995 in which ,you requested
the County's comments with regard to a request to abandon a portion of Miner Road
right of w~, east of High Ridge Road.
Palm Beach County would have no Object1ons to the abandonment, .ssuming that
action would not landlocK any propertfes.
Please contact me if you have any questions.
Sincerely,
OFFICE OF THE COUNTV ENGINEER
/Ie!; /
Charles R. Walker. r., P.L
Director - Traffic Division
CRW:AStI:meo
File: Roads - Miner Road
ASH\miner
@ p,;rlIad on t""jJ(;I~Q "ape!
"An Equal Opportunity - Affirmiltive Action Employer"
BOX 2122~ West Palm Beach, 'florldil ~~416.1229 (407) 664-4000
TOTAL P.01
FIRE PREVENTION MEMORANDUM NO. 95-332 WDC
FROM:
Fire Department
I {OJ II & IlU \Y! II rfn)
! I1/JJ SEP I I 1995 ~j
PLANNI,~ / L
~-~
September 11, 1995
TO:
Planning Department
SUBJ:
MSPM 95-007
Waste Management of Florida
Cedar Ridge/High Ridge Commerce Park
Lots 15,16,17,18
Fire Department Senior Staff met to discuss abandonment of Miner
Road east of High Ridge Road. Miner Road is essential to Fire
Department response in the northern one-third of this city. The
location of Fire Station III was determined with Miner Road as the
eventual major response lane.
As traffic impacts the Station III response route to NE Boynton,
north of Quantum Boulevard, re-evaluation of station locations will
have to be made.
If Miner Road can be extended, to Military Trail on the west and to
Seacrest Boulevard on the east, station relocation or addition will
not be necessary.
We do not feel that an abandonment of Right of Way at this time is
warranted. We would appreciate the option of contributing to a
"Fly over" across 1-95 instead of having to locate new fire
stations. We have no objections to a temporary use or lease of the
strips of right of way in question, so long as it may ultimately be
restored to a street.
...
J/ 4J,' /l ~
d~~~' " { ;:U~t:cP
William D. Cavanaugh, FPO
cc: Chief Jordan
Deputy Chief Ness
T.O. Gulbrandsen
FPO II Campbell
File
7.A.l
MINOR ROAD
ABANDONMENT
PLANNING AND ZONING DEPARTMENT
MEMORANDUM 95-381
TO: Chairman and Members
Planning and Development Board
FROM: Tambri J. HeYden'~
Planning and Zoning Director
DATE: september 1, 1995
SUBJECT: Miner Road ABAN 95-00~
Right-of-way abandonment
NATURE OF REQUEST
Richard Harris, agent for Condor Investments of Palm Beach County,
the property owner of the undeveloped, High Ridge Commerce Park
PID, is requesting abandonment of a portion of Miner Road located
between High Ridge Road and 1-95. The attached Exhibit "A"
contains a location map which shows the portion of the Miner Road
right-of-way to be abandoned (and a portion of the right-of-way
that is not requested for abandonment - further discussed below).
The attached Exhibit liB" contains a legal description and survey of
the proposed abandonment.
BACKGROUND
The requested portion of Miner Road was dedicated to the public by
recordation of the 1983 plat of Cedar Ridge PUD and High Ridge
Commerce Park PID (the location of these projects is also shown on
the attached location map). The purpose of the dedication was for
the eventual extension of Miner Road, a 108 foot wide collector
road existing immediately to the west of High Ridge Road and which
is interrupted by the CSX Railroad and 1-95 rights-of-way, before
it picks up again east of 1-95. The requested portion of Miner
Road is 54 feet in width, one-half of the ul timate 108 feet
originally proposed and is unimproved. Miner Road, between High
Ridge Road and Seacrest Boulevard, was removed from both Palm
Beach County's and the City's thoroughfare plans as there was no
plan to construct a bridge over 1-95 to extend Miner Road.
ANALYSIS
The requested abandonment has been submitted in order to allow
expansion of Waste Management South's solid waste facilities across
Miner Road and further north into the High Ridge Commerce Park PID
(the attached location map illustrates the location of the
expansion). However, as previously mentioned there is a 54 foot
wide portion of Miner Road that extends along the north property of
the Waste Management facility which is not included in this
request. Further research indicates that there is a five foot wide
access control easement for Miner Road to restrict access onto
Miner Road from the abutting lots in the Boynton Beach Distribution
Center (the subdivision plat in which Waste Management is located).
Also: there is a 25 foot easement for Miner Road that is dedicated
to Palm Beach County. .:n.bandonments for these easements, which
would be necessary for the intended use of Miner Road, have not
been submitted.
The attached location map also raises concerns with whether the
Rollyson, undeveloped Florentine Marble planned to be developed by
Zicaro Plumbing and FDOT parcels have an existing, alternative,
perpetual means of access acceptable to the City, in lieu of the
standard, direct access from a public or pl-ivate right-of-way.
Without this, these parcels could be landlocked.
The applicant's reasons for filing this abandonment and the grounds
Page 2
Memorandum #95-381
ABAN 95-002
that support the request are included in the attached Exhibit "C".
The city departments involved in review of a request for
abandonment and the utility companies notified of the request are
identified below. Public notice is given to the property owners
that abut the easement to be abandoned. The utility companies and
the city department responses to the abandonment request are
identified below and provided in attached Exhibit "D".
CITY DEPARTMENTS
Engineering No objection, however during a
subsequent discussion with Engineering they
indicated that the applicant must provide
verification, acceptable to the city, that the
abutting parcels that do not have their own access
directly from a public or private right-of-way have
an alternative, perpetual means of access.
utilities
No objection, provided easement
dedicated.
Planning and Zoning As discussed above, application
is flawed without inclusion of the entire Miner
Road right-of-way between High Ridge Road and I-95
and related easements and cannot be supported
without verification that abutting parcels
(including FDOT) will not be landlocked.
PUBLIC UTILITY COMPANIES
Florida Power and Light
dedicated.
No obj ection, provided easement
Southern Bell
No objection
Florida Gas Company
No objection
Cable Company (Comcast)
No objection
Palm Beach County Traffic Div.- No objection based solely on
what has been submitted, provided abutting parcels
are not landlocked.
RECOMMENDATION
Based on the issues of potential landlocked parcels and exclusion
from this request of the entire right-of-way for Miner Road, as
well as lack of necessary accompanying easement abandonment
applications, staff recommends denial of this request. A new
application should be submitted for Miner Road, accompanied by the
referenced property owner verifications and easement abandonment
applications.
tjh:dim
Attachments
xc: Central File
a:M!.f1rahn.Qwl
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EXHIBIT "A"
That part of Miner Road as dedicated by the Plat of Cedar
Ridge, a P.U.D. & High Ridge Commerce Park, a P.I.D.,
according to the Plat thereof recorded at Plat Book 46,
page 58, of the Public Records of Palm Beach County,
Florida, bounded on the west by the Right-of-Way of High
Ridge Road and bounded on the east by the eastern most
boundary of the Plat of Cedar Ridge, a P.U.D. and High
Ridge Commerce Park, a P.I.D.
1p7/OO195jk:\11les\jrh\30977\elCh.a
. If
'\ ,
.
6. That the following grounds and reasons are submitted in
support of this application:
Miner.,Road, although platted, has never been improved and is not
used by any persons for ingress, egress, access or otherwise. Ingress,
egress and access is available to all affected properties over and across
improved roadways.
DATED: Julv 1995
APPLICANT(S) NAME (PLEASE SIGN)
ADDRESS
ALM BEACH COUNTY, INC.
c/o Jim Vanderwoude
430 North "G" Street
Lake Worth, FL 33460
ent
STATE OF FLORIDA
COUNTY OF PALM BEACH
The above named applicant(s) being first duly sworn by me the
day and year above indicated, deposed and stated that __he__
are/is the applicant(s) in the foregoing Application to Abandonl
Vacate, that they have read the same and that the facts therein
set forth are true and correct to the best of their knowledge.
~.~-~~ : .
NOTARY P~~~~ of Florida
My Commission Expires:
........
..~~1 OFFICIAL S:AL
J. RICHARD HARRIS
( ~ My Commission E:o:ol:es
\. ~ I July 15.1990
....SClP~.. Comtfl. No. CC 215"'~?
.........
6-19-87
DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION MEMORANDUM NO. 95-322
FROM:
Sue Kruse
iit Clerk
'am ~ukill, P.E.
Englneer
August 28, 1995
rn@~ow~
TO:
rn
AUG 2 8 1995
ill
DATE:
RE: ROAD ABANDONMENT REQUEST - MINER ROAD/CEDAR RIDGE PUD
The Development Department has no objections to the abandonment of
Miner Road in the Cedar Ridge PUD adjacent to Block 2, Lots 11 thru
20. Signoffs should be obtained from affected, or potentially
affected, utilities.
WVH:ck
xc: Mike Haag, Zoning/Site Administrator
C:MINERRD.ARN
..' !' ,.': ..'
.'
" . ~...; '.....
, SPEED .LETTER~
FROM,
Mr. Bill HUk1ll
~'
TO
,/
!-
" , Sue Kruse
Director or Development
;, ,"..,A~i.! (;l.. / ~ VlO;jitq\All;.,,:4; ,J)~~'1 "..:
City Clerk .,-'(""-' " -',:1\:," ~;!, ," '
" i ~~~~11'}",- '!
; :",.. ,;;" 'I,.\.'::i"
I
Attaeae4 is a eopy of aa application to a~dou a road right-of~y ln~~~pd b~~~p-n
High Ridge Road and 1-95 more particularly described as follows: Part of Miner Road as
dedicated by the Plat of Cedar Ridge. a P.U.D. & HIgh Ridg~' Commerce Park. a P.l.D.
. .
The application was submitted by J. Richard Harris. Exq. as agent. tor ~ondor Lnves~mencs
of Palm Beaeh County. IRG. Please review aud a~'i8e of Y011r ~~~nmmpnd~~innR for approval
or disapproval in accordance with Land Development ~gulations. Article!l!I Section 4a (1)
of the code. Please respond to this office witb a coP,Y'to the Pia~ing Dept by Aug. 30.19'
DATE e.'1J.'il5: (SiGNED'" {"~<t. t.yt-"ft__",.._
.:'ti'''
REPLY
~.
~EF. F.NGINF.ERING DEVV'SION MEMORANDUM NO. 95-322 ATTACHED.
_.-...,
(/(1 .I -I;17t?
FOLD FOR NO. 9
FOLD FOR NO. 10
DATE A.ua 28 1995JGNED
. WllsoaJanes.
RECIPIENT: RETAIN WHITE COpy, RETURN PINK COPY. PLEASE TURN OVER FOR USE WITH WINOOW ENVELOPE.
44-902 . Triplicate
44-904 . Quadruplicatl
~
'-'
.- ......, :J
- ~._~
- -
SPEED LETTI
TO FROM
Mr. John Guidry Sue Kruse
Director of Utilities City Clerk
SUBJECT
City Commission Public Hearing - Sept. 19. 1995
- fOlONO.9or10
MESSAGE
Attached is a copy of an application to abandon a road right-of-way located between
High Ridge Road and 1-95 more particularly described as follows: Part of Mi"c~ Road as
dedicated by the Plat of Cedar Ridge, a P.U,D. & HIgh Ridge Commerce Park, a P.I.D.
The application wac oubmittcd by J. Richard Harris, Exq. as agent for Condor In~cstmeflta
of Palm Beach County, Inc. Please review and advise of your recommendations for approval
or disapproval in accordance with Land Development Regulations, Article III Section 4a (1
of the code, Please respond to this office with a copy to the lanning Dept by Aug, 30,
OATE 8/23/95 SIGNED
REPLY
Easemmts will be required for existing utilities in riSlht-of-way to be abandoned
(see attaclurent) ..
.
.
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DATE
8/YJ/95
44-902 . Triplil
44-904 . Quadl
] - fOLD fOR NO.9
- fOLD fOR NO. 10
SIGNED
II WllsonJones.
SENDER: DETACH AND RETAIN YEllOW COPY, SEND WHITE AND PINK COPIES. RECIPIENT: RETAIN WHITE COPY. RETURN PINK COPY.
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3
SPEED LETTER@
FROM
TO
Tambri Heyden
Sue Kruse
Planning and Zoning DirecCor
City Clerk
SUBJECT
Commission Public Hearing
,- FOlONO.9orl0
MESSAGE
Attached is a copy of an application to abandon a road right-of-way located between
High Ridge Road and 1-95 more particularly described as follows: Part of Miner Road as
dedicated by the Plat of Cedar Ridge, a P.U.D. & HIgh Ridge Commerce Park, a P.I.D.
Th.", c!I.'pplication was submitted b, J. Richard Harris, Exq. a8 agent for COMor Investments
of Palm Beach County, Inc. Please review and advise of your recommendations for approval
or disapproval in accordance with Land Development Regulations, Article III Section 4a (1)
of the code. Please respond to this office with a copy to the Planning Dept by Aug. 30,1
DATE p,/ Big') ~IGNED '-.<.. , ' ,
l'
REPLY
J{) .n ~ .411 -7' .A. , " -r# - -" . "" A -J.-/.. - ~ ~ -4
1Cf,;r"~...Fl-07T~/,~i ;-(A~~.
1--:.' #--Y'.<rU 9",~ i V <'7>1.<-,., ~/U€f c. f..4?JD d: qs - 3P)
DATE
. WilsonJones.
{
RECIPIENT: RETAIN WHITE COPY, RETURN PINK COPY, PLEASE TURN OVER FOR USE WITH WINDOW ENVELOPE.
.
I=PL
Florida Power & light Company, P. O. Box. .J9, Delray Beach, FL 33447-2409 .
September 1, 1995
Tambri J. Heyden
Planning and Zoning Director
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425"()310
Re: Forest Ct (#95-004) & Miner Rd (#95-005) Right of Way Abandonment
Dear Mr. Heyden:
FPL has no objection to the abandonment of the Forest Court right-ot-way ot as
described in your letter dated August 9, 1995
FPL has no objection to the abandonment of the Miner Road right-of-way of as described
in your letter dated August 14, 1995, provided that a utility easement is provided on the
east 160 feet of the road right of way. (See the area highlighted in yellow on the enclosed
drawing. )
If you require any additional information, please call me at (407) 265-3104.
Sincerely Yours,
f}0/J~
A. G. ~Russillo~r.
Major Account Manager
\0) rn lI5 rn :\ ;j
IJu ~d ~'-_.,
I PlJINN!NG AND j
ZONING DEPI .~l.:':
an FPL Group company
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Ms. Tambri J. Heyden
Planning and Zoning Director
City of Boynton Beach
P.O. Box 310
Boynton Beach, Fla. 33425-0310
BELL SOUTH
TELECOAfMUN'CAnONJ@) ._." '
~ . r-, ~-<"l':'"
: :..,..~ ~ rru R n W "\, i'I 1
D ~~ \.!D lS U, "1\ II
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"
!- PLANNING {:..t;E"-~'"'~
ZONING DEFL___,
August 28, 1995
Re: Miner Road - ABAN #95-005
Right-of-Way Abandonment
Dear Ms. Heyden
BellSouth Telecommunications has no objection to the above referenced
abandonment.
If you have any further questions, please contact Mr. Chuck Lonsdale at 407-582-
3590.
Yours truly,
()~)1)<J:r-n~
Carole D. McKenzie
Specialist
~.. \wo , ,~
':~..-.b,~".. -, i '.c:
F LtJi;R1DA
PUBLIC UTILITIES COMP
~ ~u~: 20'9: &i~
N /,......
PLANNING ANo-J
ZONING DEPT.
P. O. Box 3395
West Palm Beach,
FL 33402-3395
August 21, 1995
Ms. Tambri J. Heyden
Planning and Zoning Director
City of Boynton Beach
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425-0310
RE: Miner Road - ABAN #95-005
Right-of-Way Abandonment
Dear Ms. Heyden:
Please be advised that Florida Public Utilities Company has no
objection to the abandonment of the existing 50' easement described
in your letter.
At the present time, we have no underground gas distribution
facilities located within the limits of the proposed abandonment.
Sincerr/
4/
~~ellico
Division Engineer
cc: Mr. M. L. Schneidermann
vUlJ;:) U UI,,;Ll UlJ vUUI UIlJellUI
DAIlvl
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""('t,'>j::~) I.'
f$i!J v?JC ~~
~ d~&~
Betty. Boroni, City Clerk . if ~(y
Timothy P. Cannon, Interim Planning DirectoiIC.-r \~.. - f
, ') - ~C' 0 l
James J. Golden, Senior City Planner y, S
,\ ';- t~~,
\OOl rP ~
SUBJECT: Waste Management South - Abandonment Applications ~,/ -t- -
. -:\1' ~ v~.vo ~ ~if'
. :; C) . .(0,\ .
'- U
With respect to the above, please be advised of the fOllowing: ~~j;
1. Abandonment of a portion of Conunerce Park Drive - no \ry. \ ~ . 1
conunent. ' \/,.) ,
Abandonment of 12 foo~ by 20 foot drainage easement - ~
no conunent.
MEMORANDUM
I:
:HRU:
FROM:
DATE:
January 9, 1990
2.
3. Abandonment of 5.foot by 18 foot utility easement - no
conunent.
4. Abandonment of a portion of a 12 foot utility easement
- no conunent.
5. Abandonment of 2S foot easement for Miner Road - see
below.
6. Abandonment of Tract S-l (Miner Road) -'see below.
7. Abandonment of 5 foot access control easement for Miner
Road - see below.
Applications no. 5 and 6 concern the abandonment of easements for
that portion of Miner Road between High Ridge Road and Inter-
state 95. Miner Road is currently shown as a 108 foot wide col-
lector on the Palm Beach County Thoroughfare Plan west of High
RIdge Road and that portion of the right-of-way between High
Ridge Road and Congress Avenue is currently under construction.
However, Miner Road has been removed from both the County and
City thoroughfare' plan between High Ridge Road and Seacrest
Boulevard, as there is currently no plan to construct a bridge
over Interstate 915. Although this portion of the right-of-way
has been deleted fran the County and City thoroughfare plan; a
+
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tVV' ~~~\~ r~=Plf~~rf~: n~~ 7fh~s ~o fr~~\ri~~d~cc~~~e~~toco~{~~; R~:3e~~~~
1N V~ the abutting lots in the Boynton Beach Distribution Center. The
-A,IJ 'If' -) limited access easement is a requirement of Article IX, Section 3
{~,~~ J,l~Of Appendix C-Subdivisions, Platting. The easement was required
~ ~ to be shown on the plat at the time of' plat approval, as it was
~ S anticipated that Miner Road would someday be constructed as a
~ ~~ ~.k collector or an arterial road and it would' not be appropriate to
(. ~~ construct driveways onto a road with a higher classification.
,o~~
n)( J allow the construction of a driveway to serve the proposed Waste
vv' (vW'- / ~anagement facility from Miner Road, if this alternative is
UV \ /r chosen. ,A u J.)( -tlJ
~ /. ~ ~ l~/~ 1)be5f1~.
\w(~):t;7 ' ~""'~~,' -/r .~-O/ g, k"' :~~1'.tv ~ V(O~f,,-A-
~ "r \j)l{ i~~ 0')JrJ\{\ l\51~ ~~~ I ~ i;JVl'-r- (~P.i;V- t J1~fv' .-to+
~pf'- \j1 y' / p-' 1 "v P ( w _ ~ U'-"^ ' '~
~~ -I: ~+ 5,1 I. ~ J . , ~L~' 6-( [j/ t /sV" ~ 1" ~ ~ft;'"
~Ii ~~\pO~' ~'^S~ ~tt0c1f~(\" ~/vI'),...J
u__~ ~ lo(/lV ~ ~,~ ~:\~f
TO: Betty Boroni
-2-
Jan 9, 1990
substantial portion of this right-of-way has, previously been
dedicated between High Ridge Road and Interstate 95 (approxi-
mately 54 feet or one-half of the ultimate 108 feet originally
proposed). In addition to the 54 'feet of right-of-way that have
been dedicated, portions of the remaining 54 feet have also been
dedicated to Palm Beach County in the form of easements,
including applications no. 5 and 6 above.
In addition to applying to the City for the abandonment of the
access easements, the applicant has also contacted the Palm Beach
County Traffic Engineering Division concerning the County relin-
quishing their rights to these easements (applications no. 5 and
6 above). The County Traffic Engineer's position regarding the
abandonment of these easements for Miner Road is that they should
be retained to provide for a possible future crossing of Inter-
state 95, should the need for such a facility be identified at
some future date., Furthermore, the County Traffic Engineer is
requesting that the City require the applicant to construct two
lanes of Miner Ro'ad within the existing dedicated right-of-way
with a driveway connecting Miner Road to serve the proposed site.
This recommendation is preferable from the County's perspective
than to allow a driveway onto High Ridge Road in close proximity
to the intersection of High Ridge Road and Miner Road ( see
attached correspondence).
Therefore, this easement would have to be abandoned in order to
-._-_._------~--
Comeasl Cablevision
of West Palm Beach, Ine
1401 Norlhpoinl Parkway
West Palm Beach, Florida 33407
m ~ & ~ n ~!~ ~ mI,
','
AUG 2 5 i~
PLANNING AND
ZONING DEPT.
~COMCAST~
August 19, 1995
Tambri J. Heyden
Planning and Zoning Director
The City of Boynton Beach
100 E. Boynton Beach Blvd
P.O. Box 310
Boynton Beach, Florida 33425-0310
REF: Miner Road - ABAN #95-005
Right of Way Abandonment
Dear Tambri,
Comcast Cablevision has no objections in the right of way abandonment for the above
referenced road.
If you have any further questions, please contact be at (407) 478-5866 ext. 519.
Thankyoo, :0 ~
Dominique Aumais
Construction Coordinator
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TO: Betty Boroni
-3-
Jan. 9, 1990
RECOMMENDATION
1. Approval is recommended .for applications no. 1 through
5.
2. The Planning and Zoning Board and City Commission
should consider the recommendation from the County
Traffic Engineer that applications no. 5 and 6 not be
abandoned. If the County at some future date
determines that it is desirable or necessary to
construct Miner Road between High Ridge Road and
Seacrest Boulevard, the sUbject right-of-way will need
to be condemned at taxpayer expense if it is abandoned
at this time.
3. If applications no. 5 and 6. are denied and the
developer does not utilize Miner Road for access, then
application no. 7 should also be denied.
~~.~
ES p. GOLDEN
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Encs
cc: Roger Kuver
Charles Walker, PBCty Engineer "
Casey Purvis
WMSouth
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Count>, Admlniatr.
J~n Winters
I am writing to conft~ the County's position with regard the proposed
abandonment of the rig~t-of-way for Miner Road, which is being sought by Waste
Management, Inc. '
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HINER ROAD - HIGH RIDGE ROAD TO INTERSTATE 95 ~ r l~~' ~ ~~
PROPOSED ABANDONMENT : u.P ~ \11 ..~~'J'
Go 1 den: ' tA;~JY'(~
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Department of Englnee
and Public Work.
December 15. 1989
\jJ
Ao
Jim Golden
City of Boynton Beach .
Planning Department
P.O. Box 310
Boynton Beach, FL 33435
SUBJECT:
Dear Mr.
Wh n e th is sect i on of Hi ner Road is not presently shown 'on the County's
Thoroughfare Right-of-Way Protection Map, it is felt that all existing road
right-of-way should be retained for the following reasons:
1. This roadway, if developed would a11gn with Hiner Road which is presently
under construction from Congress Avenue to High Ridge Road.
It it the County's position that Waste HanageBent's site could best be
given access from an eastern extension of this roadway, rather than from
a driveway to be located approximately 30' south of Miner Road on High
Ridge Road.
2. The right-of-way should be retained to provide for a possible future
crossing of 1-95, should the need for such a facility be identified.
I would request that at such time as Solid Waste, Inc. approaches the City for
a developmental approval, that at a minimum, they be required 'to construct two
lanes of Hiner Road within the existing 50' wide ,right-of-way. It 1s....J~
that they be required t~ access from this roadway. J8ll!<:~1 " ~J-I
JAM 4 "sro
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. fLANNING DEPT.
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"An Equal Opportunity. Afnrmatlve Action Employer"
BOX 2429 WEST PALM DEACH. FLORIDA 33402-2429 '(407) 68~-4000
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December 15, 1989
Jim Golden
Page Two
Your assistance ~ith this matter is sincerely appreciated;
Please feel free to c9ntact me if you hav~ any questions.
Sincerely,
cc: 'G. Haney Frakes, Jr., P.E.. Asst. County Engineer
Bev Hansen - Right-of-Way Acquisition .
File: Roads NHiner RoadN
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December 19, 1995
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation - Rev Hank Ackermann - Boynton Beach Congregational Church
C. Pledge of Allegiance to the Flag led by Mayor Pro Tem Lynne Matson
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. ADMINISTRATIVE:
A. Appointments to be made:
APPOINTMENT LENGTH OF TERM
TO BE MADE BOARD EXPIRATION DATE
IV Matson Bldg Brd of Adj & Appeal Alt Term expires 4/96 TABLED
II Bradley Cemetery Board Alt Term expires 4/96 TABLED
IV Matson Children & Youth Adv Brd Alt Term expires 4/96 TABLED
IV Matson Comm Redev Adv Board Reg 1 yr Term to 4/96 TABLED
IV Matson Code Enforcement Board Alt 1 yr Term to 9/96 TABLED
IV Matson Adv Brd Children & Youth Reg Term expires 4/97 TABLED
IV Matson Adv Brd Children & Youth Reg Term expires 4/97 TABLED
I Rosen Board of Zoning Appeal Reg 1 yr term to 1/97 TABLED
II Bradley Board of Zoning Appeal Reg 1 yr term to 1/97 TABLED
III Jaskiewicz Board of Zoning Appeal Reg 2 yr term to 1/98 TABLED
IV Matson Board of Zoning Appeal Reg 2 yr term to 1/98 TABLED
Mayor Taylor Board of Zoning Appeal Reg 2 yr term to 1/98 TABLED
I Rosen Board of Zoning Appeal Alt 1 yr term to 1/97 TABLED
II Bradley Board of Zoning Appeal Alt 2 yr term to 1/98 TABLED
III Jaskiewicz Education Advisory Board Stu Term expires 4/96 TABLED
IV Matson Bldg Brd of Adj & Appeal Alt Term expires 4/96
III. CONSENT AGENDA
Matters in this Section of the Agenda are proposed and recommended by the City Manager
for "Consent Agenda" approval of the action Indicated in each item, with all of the
accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes
1. Special City Commission Meeting Minutes of December 4, 1995
2. City Commission/Chamber of Commerce Workshop Meeting Minutes of Dec. 4, 1995
3. Regular City Commission Meeting Minutes of December 5, 1995
B. Bids - Recommend Approval - All expenditures are approved in the 1995-96 Adopted
Budget
1
1. Approve manhole structural repair at NE 8th Avenue and NE 26th Avenue with
Underwater Unlimited Diving Services, Inc.
2. Approve piggy-backing City of Pompano Beach's Annual Contract for Water Meters
and Parts
3. Approve replacement of Submersible Well Pumps & Equipment with Atlantic
Environmental Systems, Inc. for one year
4. Approve East Water Treatment window replacement utilizing existing contractor/MBR
Construction, Inc.
5. Approve annual contract for Aquatic Plant Control with Lake & Wetland Management
6. Co-op Anhydrous Ammonia - The Cooperative Purchasing Council of Palm Beach
County awarded the bid to Tanner Industries, Inc.
C. Resolutions
1. Proposed Resolution No. R95- RE: Water Service Agreement - Thomas G.
Kane for property located at 3645 North Federal Highway, Delray Beach
2. Proposed Resolution No. R95- RE: Authorize execution of service contract
between the City of Boynton Beach and TFP Inc. for the computerized photo imaging
system in the Police Department
3. Proposed Resolution No. R95- RE: Rosemary Scrub Joint City/County
Acquisition Project Resolution endorsing grant award agreement and grant award
calculation
4. Proposed Resolution No. R95-
Rosemary Scrub
RE: Addendum III to Conceptual Approval for
D. Approval of Bills
E. Payment of Bills - November 1995
F. Approve expenditure for returning Communications Center to City Hall
IV. ANNOUNCEMENTS & PRESENTATIONS:
A. Announcements
B. Presentations
1. Representative Sharon Merchant
2. Presentation of Holiday Parade Awards
3. Proclamations
a) Dr. Martin Luther King Jr. Day - January 15, 1996
b) Shrine Hospital Days - February 3rd - February 14th
2
V. BIDS:
None
VI. PUBLIC HEARING: 7:00 PM OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
A. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Hills of Lake Eden PUD POSTPONED TO JANUARY 2,1996
Burlison A. Gentry - Gentry Engineering & Land Surveying, Inc.
Newport Properties, Inc.
Northwest corner of S.E. 36th Avenue and Seacrest Boulevard
REZONING - Request for zoning and master plan approval to
construct 62 single-family detached homes on 15.45 acres of land in
connection with a rezoning from R-1-AAB (single-family residential)
to Planned Unit Development with a land use intensity of 5 (PUD with
LUI=5).
B. PROJECT NAME: Miner Road TABLED TO DECEMBER 19, 1995
AGENT: Richard Harris for Condor Investments of Palm
Beach County
City of Boynton Beach
Road between High Ridge Road and 1-95
ABANDONMENT - Request for abandonment of a 54 foot wide
portion of the Miner Road right-of-way east of High Ridge Road
OWNER:
LOCATION:
DESCRIPTION:
C. PROJECT NAME: Miner Road
AGENT: Richard Harris of Scott, Royce, Harris, Bryan, Barra & Jorgensen, P.A.
OWNER: City of Boynton Beach and Palm Beach County
LOCATION: Miner Road between High Ridge Road and 1-95
DESCRIPTION: ABANDONMENT - Request for abandonment of three parcels that
comprise the Miner Road right-of-way east of High Ridge Road.
D. PROJECT NAME: Newport Place PUD (f.k.a. Stanford Park PUD)
AGENT: Donald E. Hearing
OWNER: Newport Place Associates Ltd.
LOCATION: Southwest corner of Hypoluxo Road and Northwest 7th Court
DESCRIPTION: FUTURE LAND USE AMENDMENT/REZONING - Request to
amend the Comprehensive Plan Future Land Use Map from Low
Density Residential to High Density Residential for a 23 acre, existing
planned unit development (PUD) and a 1.59 acre tract and to rezone
the 1.59 acre tract from R-1-AAB (single-family residential) and the
PUD to Planned Unit Development (PUD w/LUI=5) to add a 120 bed
assisted living facility.
E. PROJECT NAME: Newport Place
AGENT: Donald E. Hearing
OWNER: Newport Place Associates Ltd.
LOCATION: Southwest corner of Hypoluxo Road and Northwest 7th Court
DESCRIPTION: PARKING LOT VARIANCE - Request for relief from the City of
Boynton Beach Land Development Regulations, Chapter 23 -
Parking Lots, Article II, Section H.7 "Number of Driveways" to allow
two (2) additional driveways onto Northwest 7th Court.
F. PROJECT NAME: Cedar Ridge PUD and High Ridge Commerce Park PID (buffer
easement)
Richard Harris of Scott, Royce, Harris, Bryan, Barra & Jorgensen, P.A.
Condor Investments of Palm Beach County, Inc.
South perimeter of Lots 15, 16, 17 and 18 within the High Ridge
Commerce Park PID
DESCRIPTION: ABANDONMENT - Request for abandonment of a 25 foot wide buffer
easement.
AGENT:
OWNER:
LOCA liON:
3
G. PROJECT NAME: Boynton Beach Distribution Center (Miner Road Access Control
Easement)
Richard Harris of Scott, Royce, Harris, Bryan, Barra & Jorgensen, P.A.
Waste Management of Florida
North perimeter of Lots 18 and 19 of the Boynton Beach Distribution
Center
DESCRIPTION: ABANDONMENT - Request for abandonment of 5 foot wide access
control easement.
AGENT:
OWNER:
LOCATION:
H. Conduct a public hearing concerning the issuance of bonds for Clipper Cove
VII. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS
VIII. DEVELOPMENT PLANS:
A. PROJECT NAME: Papa Johns TABLED
APPLICANT REQUESTED TO BE TABLED UNTIL DECEMBER 19, 1995
AGENT: Interplan Practice, Ltd.
OWNER: Papa Johns USA
LOCATION: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard
DESCRIPTION: LANDSCAPE APPEAL: Request for a landscape code appeal to
overhang a required landscape strip with bumpers of parked cars.
B. PROJECT NAME: Papa Johns TABLED
APPLICANT REQUESTED TO BE TABLED UNTIL DECEMBER 19, 1995
AGENT: Interplan Practice, Ltd.
OWNER: Papa Johns USA
LOCATION: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard
DESCRIPTION: NEW SITE PLAN: Request for site plan approval to construct a
1,142 square foot take-out pizza store on .22 acres
C. PROJECT NAME: High Ridge Commerce Park PID
AGENT: Joseph D. Handley, Craven Tompson & Associates, Inc.
OWNER: Waste Management of Palm Beach
LOCATION: High Ridge Commerce Park PID Lots 15,16,17 and 18 (South side
of Commerce Road, approximately 304 feet east of High Ridge
Drive)
DESCRIPTION: USE APPROVAL - Request to establish within the High Ridge
Commerce Park PID exterior truck and solid waste container storage
as a permitted use.
D. PROJECT NAME: Waste Management of Palm Beach - South
AGENT: Joseph D. Handley, Craven Tompson & Associates, Inc.
OWNER: Waste Management of Palm Beach
LOCATION: High Ridge Commerce Park PIO Lots 15,16, 17 and 18 (South side
of Commerce Road, approximately 304 feet east of High Ridge
Drive)
DESCRIPTION: SITE PLAN MODIFICATION - Request to amend the previously.
approved site plan to add land area to construct additional exterior
paved truck storage and an expanded exterior container storage
yard.
E. PROJECT NAME: Tara Oaks PUD
AGENT: Kieran J. Kilday, Kilday & Associates, Inc. for Pulte Home Corp.
OWNER: Tara Oaks Development Company
LOCATION: Northeast corner of Woolbright Road and Knuth Road extended
DESCRIPTION: MASTER PLAN MODIFICATION. Request to amend the previously
approved PUD master plan to revise direct access points, alter the
location and type of private recreation, change unit type from
apartments to townhouses, establish perimeter buffer easements
and certain setbacks, enlarge size of residential Pod 1 and church
parcel and reduce open space and retention area of Pod 2.
IX. NEW BUSINESS:
A. Items for discussion requested by Mayor Pro Tem Lynne Matson
1. Purple Heart Way
2. Public Transportation
3. It's Better in Boynton Campaign
B. Consider request for a block party on White Hall Way - December 31, 1995 from 9:00
P.M. to 2:00 A.M.
X. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 095-46 RE: Land Use Amendment - School Board of
Palm Beach County (Poinciana Elementary School Project)
2. Proposed Ordinance No. 095-47 RE: Rezoning - School Board of Palm Beach
County (Poinciana Elementary School Project) Lots 13, 14, 15 and 16
3. Proposed Ordinance No. 095-48 RE: Rezoning - School Board of Palm Beach
County (Poinciana Elementary School Project)
B. Ordinances - 1 st Reading:
None
C. Resolutions
None
D. Other
XI. UNFINISHED BUSINESS:
None
XII. CITY MANAGER'S REPORT:
XIII. OTHER:
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY..
MATTER CONSIDERED AT THIS MEETING, HE/SHE Will NEED A RECORD OF THE PROCEEDINGS AND, FOR
SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S.286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO
AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY
THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT
JOYCE COSTELLO, (407) 375-6013 AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE PROGRAM OR
ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
&:::;
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-723
Agenda Memorandum for
December 19, 1995 City Commission Meeting
FROM:
Carrie Parker
City Manager
Tambri J. HeYden~
Planning and Zoning Director
TO:
DATE:
December 14, 1995
SUBJECT:
Miner Road - ABAN #95-005
Right-of-way abandonment
The above-referenced request is on the table under Public Hearings
for the December 19, 1995 City Commission agenda.
DESCRIPTION: The above request was submitted by Richard Harris,
agent for Condor Investments of Palm Beach County, owner of the
undeveloped High Ridge Commerce Park PID, to abandon a portion of
Miner Road located between High Ridge Road and 1-95 in connection
with expansion of the existing Waste Management facility on
Industrial Way, immediately south of the requested area to be
abandoned. At the September 19, 1995 Commission meeting, the
request was tabled until the applicant submitted to staff the
following documents to allay staff concerns with this request:
1. An abandonment application for the additional 54 feet of Miner
Road that exists immediately north of the Waste Management
facility.
2. An abandonment application for a 25 foot wide easement that
exists for Miner Road.
3. A:'1 abandonment application for a five foot wide access control
easement that exists for Miner Road.
4. Written documentation, acceptable to the City, that verifies
that the Rollyson, FDOT and Florentine Marble parcels that
abut the portion of Miner Road to be abandoned, have an
alternate, perpetual means of access.
5. Written verification from FDOT and the CSX Railroad that
indicates that they would not permit a II fly-overll to be
constructed over their rights-of-way.
RECOMMENDATION: The Commission should take action to delete this
item from the agenda since items 1, 2 and 3 above have been
submitted and are also scheduled for action by the Commission at
the December 19, 1995 meeting. Items 4 and 5 above are now
conditions of the new Miner Road application referenced in item 1.
TJH:dim
xc: Central File
a:CCAgABN2.Minor
ENGINEERING DIVISION
MEMORANDUM NO. 95-465
December 4, 1995
FROM:
Sue Kruse
City. Clerk
~~~am ~. Hukill, P.E.
~ng~neer
MINER ROAD ABANDONMENT
TO:
RE:
We have received your request that we review several documents
submitted by J. Richard Harris appearing to request abandonment
of certain City property abutting landholders Condor Investments
of Palm Beach County, Inc.; Palm Beach County Department of
Engineering and Public Works; T.D. Fender; Waste Management of
Florida; J & G Rollyson; D & L Rinker; and F.D.O.T. in various
combinations.
To the overall issue involving abandonment of these pieces of
Miner Road right-of-way, we do not object.
To the lesser included issue of whether the application is
complete, we do not think: so. The City Land Development
Regulations (Chapter 22, Article III, Section 2, Page 22-6)
require, where possible, the "reason for the request";
certification that the abandonment "will not adversely affect
other property owners"; and verification from "each affected or
potentially affected utility company" that their interests are
protected. All of these requirements may have been satisfied,
but none of the required material was in the package you
submitted to us.
WVH:bh
Attachment - L.D.R. page 22-6
XC: Carrie Parker
Ta$ri Heyden
A:MU'S.
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-640
Agenda Memorandum for
November 7, 1995 City Commission Meeting
FROMe
Carrie Parker
City Manager
Tambri J. HeYden'~
Planning and Zoning Director
TO:
SUBJECT:
November 2, 1995
Miner Road - ABAN #95-0061
Right-of-way abandonment
DATE:
The above-referenced request is on the table under Public Hearings
for the November 7, 1995 City Commission agenda.
DESCRIPTION: The above request was submitted by Richard Harris,
agent for Condor Investments of Palm Beach County, owner of the
undeveloped High Ridge Commerce Park PID, to abandon a portion of
Miner Road located between High Ridge Road and 1-95 in connection
with expansion of the existing Waste Management facility on
Industrial Way, immediately south of the requested area to be
abandoned. At the September 19, 1995 Commission meeting, the
request was tabled until the applicant submitted to staff the
following documents to allay staff concerns with this request:
1. An abandonment application for the additional 54 feet of Miner
Road that exists immediately north of the Waste Management
facility.
2. An abandonment application for a 25 foot wide easement that
exists for Miner Road.
3. An abandonment application for a five foot wide access control
easement that exists for Miner Road.
4. Written documentation, acceptable to the City, that verifies
that the Rollyson, FDOT and Florentine Marble parcels that
abut the portion of Miner Road to be abandoned, have an
alternate, perpetual means of access.
-'--~~itten verificati~n ~~o>m FDOT and the CSX Railroad tha0
indicates that they would not permit a "fly-over" to b~)
constructed over their r~hts-o:=way. ____ ~
RECOMM DATION: Staff has received some of the documentation
required in item 4 above, which has been recently forwarded to the
City Attorney and the City Engineer for review. This review is
pending. Mr. Harris has indicated that ,he had contacted FDOT and
CSX regarding the "fly-over", but that he has not yet received a
response from them. The abandonment applications referenced in
items 1, 2 and 3 above have been received and are complete with the
exception of responses from the various utility companies. The
applicant has been given until November 8th to turn these in to
advertise for a public hearing before the Commission on November
21, 1995. These new applications will replace the subject
application. Therefore, it is recommended that this item remain
tabled to the November 21, 1995 Commission meeting at which time it
is anticipated that the subject application can be withdrawn, and
action can be taken on the new applications.
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PLANNING AND ZONING DEPA~
MEMORANDUM NO. 95-66:
PUBLIC HEARING
A.
CC: Plan, Util
Dev
Agenda Memorandum for
November 21, 1995 City Commission Meeting
TO:
Carrie Parker
City Manager
FROM:
-f3,J
Tambri J. Heyden /~
Planning and Zoning Director
DATE:
November 15, 1995
SUBJECT:
Miner Road - ABAN #95-005
Right-of-way abandonment
The above-referenced request is on the table under Public Hearings
for the November 21, 1995 City Commission agenda.
DESCRIPTION: The above request was submitted by Richard Harris,
agent for Condor Investments of Palm Beach County, owner of the
undeveloped High Ridge Commerce Park PID, to abandon a portion of
Miner Road located between High Ridge Road and 1-95 in connection
with expansion of the existing Waste Management facility on
Industrial Way, immediately south of the requested area to be
abandoned. At the September 19, 1995 Commission meeting, the
request was tabled until the applicant submitted to staff the
following documents to allay staff concerns with this request:
1. An abandonment application for the additional 54 feet of Miner
Road that exists immediat~ly north of the Waste Management
facility.
2. An abandonment application for a 25 foot wide easement that
exists for Miner Road.
3. An abandonment application for a five foot wide access control
easement that exists for Miner Road.
4. Written documentation, acceptable to the City, that verifies
that the Rollyson, FDOT and Florentine Marble parcels that
abut the portion of Miner Road to be abandoned, have an
alternate, perpetual means of access.
5.
Written verification from FDOT and the
indicates that they would not permit a
constructed over their rights-of-way.
CSX Railroad that
11 fly-overl1 to be
RECOMMENDATION: Staff has received some of the documentation
required in item 4 above, which has been recently forwarded to the
City Attorney and the City Engineer for review. This review is
pending. Mr. Harris has indicated that he had contacted FDOT and
CSX regarding the I1fly-overl1, but that he has not yet received a
response from them. The abandonment applications referenced in
items 1, 2 and 3 above have been received, but are still incomplete
and lack responses from the various utility companies. Since the
applicant did not turn this information in by November 8th to
advertise for a public hearing before the Commission on November
21, 1995 a new deadline of November 28th for receipt of these items
has been set in order to advertise for a public hearing before the
Commission on December 19th. These new applications will replace
the subject application. Therefore, it is recommended that this
item remain tabled to the December 19, 1995 Commission meeting at
which time it is anticipated that the subject application can be
withdrawn, and action can be taken on the new applications.
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a:CCAgABN2.Minor
~ f 1 l ~
\i....~.
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-640
Agenda Memorandum for
November 7, 1995 City Commission Meeting
FROM:
Carrie Parker
City Manager
.-::;;,t! _
Tambri J. Heyden ~
Planning and Zoning Director
TO:
SUBJECT:
November 2, 1995
Miner Road - ABAN #95-00~
Right-of-way abandonment
DATE:
The above-referenced request is on the table under Public Hearings
for the November 7, 1995 City Commission agenda.
DESCRIPTION: The above request was submitted by Richard Harris,
agent for Condor Investments of palm Beach County, owner of the
undeveloped High Ridge Commerce Park PID, to abandon a portion of
Miner Road located between High Ridge Road and 1-95 in connection
with expansion of the existing Waste Management facility on
Industrial Way, immediately south of the requested area to be
abandoned. At the September 19, 1995 Commission meeting, the
request was tabled until the applicant submitted to staff the
following documents to allay staff concerns with this request:
1. An abandonment application for the additional 54 feet of Miner
Road that exists immediately north of the Waste Management
facility.
2. An abandonment application for a 25 foot wide easement that
exists for Miner Road.
3. An abandonment application for a five foot wide access control
easement that exists for Miner Road.
4. Written documentation, acceptable to the City, that verifies
that the Rollyson, FDOT and Florentine Marble parcels that
abut the portion of Miner Road to be abandoned, have an
alternate, perpetual means of access.
5.
Written verification from FDOT and the
indicates that they would not permit a
constructed over their rights-of-way.
CSX Railroad that
"fly-over" to be
RECOMMENDATION: Staff has received some of the documentation
required in item 4 above, which has been recently forwarded to the
City Attorney and the City Engineer for review. This review is
pending. Mr. Harris has indicated that he had contacted FDOT and
CSX regarding the "fly-over", but that he has not yet received a
response from them. The abandonment applications referenced in
items I, 2 and 3 above have been received and are complete with the
exception of responses from the various utility companies. The
applicant has been given until November 8th to turn these in to
advertise for a public hearing before the Commission on November
21, 1995. These new applications will replace the subject
application. Therefore, it is recommended that this item remain
tabled to the November 21, 1995 Commission meeting at which time it
is anticipated that the subject application can be withdrawn, and
action can be taken on the new applications.
TJH:dim
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a:CCAgABAN.Minor
C'L- 1'/0
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-640
Agenda Memorandum for
November 7, 1995 City Commission Meeting
FROM:
Carrie Parker
City Manager
'~rJ
Tambri J. Heyden I~
Planning and Zoning Director
TO:
DATE:
November 2, 1995
SUBJECT:
Miner Road - ABAN #95-002
Right-of-way abandonment
The above-referenced request is on the table under Public Hearings
for the November 7, 1995 City Commission agenda.
DESCRIPTION: The above request was submitted by Richard Harris,
agent for Condor Investments of Palm Beach County, owner of the
undeveloped High Ridge Commerce Park PID, to abandon a portion of
Miner Road located between High Ridge Road and 1-95 in connection
with expansion of the existing Waste Management facility on
Industrial Way, immediately south of the requested area to be
abandoned. At the September 19, 1995 Commission meeting, the
request was tabled until the applicant submitted to staff the
following documents to allay staff concerns with this request:
1. An abandonment application for the additional 54 feet of Miner
Road that exists immediately north of the Waste Management
facility.
2. An abandonment application for a 25 foot wide easement that
exists for Miner Road.
3. An abandonment application for a five foot wide access control
easement that exists for Miner Road.
4. Written documentation, acceptable to the City, that verifies
that the Rollyson, FDOT and Florentine Marble parcels that
abut the portion of Miner Road to be abandoned, have an
alternate, perpetual means of access.
5.
Written verification from FDOT and the
indicates that they would not permit a
constructed over their rights-of-way.
CSX Railroad that
"fly-over" to be
RECOMMENDATION: Staff has received some of the documentation
required in item 4 above, which has been recently forwarded to the
City Attorney and the City Engineer for review. This review is
pending. Mr. Harris has indicated that he had contacted FDOT and
CSX regarding the "fly-over", but that he has not yet received a
response from them. The abandonment applications referenced in
items 1, 2 and 3 above have been received and are complete with the
exception of responses from the various utility companies. The
applicant has been given until November 8th to turn these in to
advertise for a public hearing before the Commission on November
21, 1995. These new applications will replace the subject
application. Therefore, it is recommended that this item remain
tabled to the November 21, 1995 Commission meeting at which time it
is anticipated that the subject application can be withdrawn, and
action can be taken on the new applications.
TJH:dim
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a:CCAgABAN.Minor
VI. PUBLIC HEARING
A
cc: Dev, Plan, Util
PLANNING AND ZONING DEPA
MEMORANDUM NO. 95-51
Agenda Memorandum for
october 17, 1995 city Commission Meeting
TO: Carrie Parker
City Manager
FROM: Tambri J. Heyden - /;t:-d-
Planning and Zoning Director
DATE: october 12, 1995
SUBJECT: Miner Road - ABAN #95-002
Right-of-way abandonment
Please place the above-referenced request is on the table under
Public Hearings for the October 17, 1995 City Commission agenda.
DESCRIPTION: The above request was submitted by Richard Harris,
agent for Condor Investments of Palm Beach county, owner of the
undeveloped High Ridge Commerce Park PIO, to abandon a portion of
Miner Road located between High Ridge Road and I-95 in connection
with expansion of the existing Waste Management facility on
Industrial Way, immediately south of the requested area to be
abandoned. At the September 19, 1995 Commission meeting, the
request was tabled until the applicant submitted to staff the
following documents to allay staff concerns with this request:
1. An abandonment application for the additional 54 feet of Miner
Road that exists immediately north of the Waste Management
facility.
2. An abandonment application for a 25 foot wide easement that
exists for Miner Road.
3. An abandonment application for a five foot wide access control
easement that exists for Miner Road.
4. Written documentation, acceptable to the City, that verifies
that the Rollyson, FOOT and Florentine Marble parcels that
abut the portion of Miner Road to be abandoned, have an
alternate, perpetual means of access.
5. Written verification from FOOT and the CSX Railroad that
indicates that they would not permit a "fly-over" to be
constructed over their rights-of-way.
RECOMMENDATION: Staff has received some of the documentation
required in item 4 above, which has been recently forwarded to the
City Attorney and the City Engineer for review. This review is
pending. Mr. Harris has indicated that he had contacted FDOT and
CSX regarding the "fly-over", but that he has not yet received a
response from them. The abandonment applications referenced in
items 1, 2 and 3 above were received, but the applications were
incomplete. Instructions on how to complete the applications have
been relayed to the applicant. Therefore, it is recommended that
this item remain table.
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a::C~g~BAN.Xinor
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-595
Agenda Memorandum for
October 17, 1995 city commission Meeting
TO: Carrie Parker
city Manager
FROM: Tambri J. Heyden ~ /P.IJ..--
planning and Zoning Director
DATE: October 12, 1995
SUBJECT: Miner Road - ABAN #95-002
Right-of-way abandonment
Please place the above-referenced request is on the table under
Public Hearings for the October 17, 1995 city commission agenda.
DESCRIPTION: The above request was submitted by Richard Harris,
agent for Condor Investments of Palm Beach County, owner of the
undeveloped High Ridge Commerce Park PID, to abandon a portion of
Miner Road located between High Ridge Road and 1-95 in connection
with expansion of the existing Waste Management facility on
Industrial Way, immediately south of the requested area to be
abandoned, At the September 19, 1995 commission meeting, the
request was tabled until the applicant submitted to staff the
following documents to allay staff concerns with this request:
1. An abandonment application for the additional 54 feet of Miner
Road that exists immediately north of the Waste Management
facility.
2. An abandonment application for a 25 foot wide easement that
exists for Miner Road.
3. An abandonment application for a five foot wide access control
easement that exists for Miner Road.
~
4.
-
Written documentation, acceptable to the city, that verifies
that the Rollyson, FOOT and Florentine Marble parcels that
abut the portion of Miner Road to be abandoned, have an
alternate, perpetual means of access.
5.
Written verification from FDOT and the CSX Railroad that
indicates that they would not permit a II fly-over" td be
constructed over their rights-of-way.
RECOMMENDATION: Staff has received some of the documentation
reqUired in item 4 above, which has been recently forwarded to the
City Attorney and the City Engineer for review. This review is
pending. Mr. Harris has indicated that he had contacted FOOT and
CSX regarding the "fly-over", but that he has not yet received a
response from them. The abandonment applications referenced in
items 1, 2 and 3 above were received, but the applications were
incomplete. Instructions on how to complete the applications have
been relayed to the applicant. Therefore, it is recommended that
this item remain table.
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e:CClIllllBlIN.1l1nor
October 17,1995
I. OPENINGS:
CITY OF BOYNTON BEACH
REGULAR CITY COMMISSION MEETING
AGENDA
A. Call to Order - Mayor Jerry Taylor
B. Invocation - Rev. John Block, St. Mark Catholic Church
C. Pledge of Allegiance to the Flag led by Commissioner Shirley Jaskiewicz
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. ADMINISTRATIVE:
6:30 P.M.
A. Accept resignation from Raychel Houston, regular member, Board of Adjustment
B. Appointments to be made:
APPOINTMENT
TO BE MADE
Mayor Taylor
IV Matson
II Bradley
IV Matson
II Bradley
IV Matson
IV Matson
II Bradley
III Jaskiewicz
IV Matson
Mayor Taylor
BOARD
Board of Adjustment
Bldg Brd of Adj & Appeal
Cemetery Board
Children & Youth Adv Brd
Library Board
Comm Redev Adv Board
Code Enforcement Board
Recreation & Park Board
Code Enforcement Board
Adv Brd Children & Youth
Board of Adjustment
LENGTH OF TERM
EXPIRATION DATE
Alt Term expires 4/97
Alt Term expires 4/96
Alt Term expires 4/96
Alt Term expires 4/96
Alt Term expires 4/96
Reg 1 yr Term to 4/96
Alt 1 yr Term to 9/96
Alt Term expires 4/96
Reg Term expires 9/96
Reg Term expires 4/97
Reg Term expires 4/96
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
C. Approve Change Order No.1 with Montgomery Environmental for replacement of
additional areas of contaminated sheetrock in the amount of $7,859.60
D. Authorization to proceed with advertising RFP for consultant for Comprehensive Plan
E. Authorization to proceed with Task Order No. 25 with CH2M Hill for Engineering
Services for Water, Sewer, and Stormwater Rate Study, Organization and Operating
Efficiency Study, and Comprehensive Plan Update
III. CONSENT AGENDA
Matters in this Section of the Agenda are proposed and recommended by the City Manager
for "Consent Agenda" approval of the action indicated in each item, with all of the
accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes
1. Regular City Commission Meeting Minutes of October 2, 1995
1
B. Bids - Recommend Approval - All expenditures are approved in the 1994-95 Adopted
Budget
1. Award bid for the resurfacing of five (5) tennis courts at the Congress Avenue
Racquet Center to Accurate Tennis Courts In the amount of $9,566
2. Award bid for annual requirements for bulk fertilizer for the Municipal Golf Course to
Harrell's, Inc. at $8.23 per bag
3. Award bid for the annual contract for cleaning chemicals and Janitorial supplies to
various vendors as Indicated on the tab sheet
C. Resolutions
1. Proposed Resolution No. R95- RE: Acceptance of raplat for Plat No. 10 of
Quantum Park for PJM at Quantum Park
2. Proposed Resolution No. R95-
PUD
RE: Acceptance of replat for Lawrence Lakes
3. Proposed Resolution NO. R95- RE: Acceptance of Letter of Credit for water
and sanitary sewer Improvements for Santa Cruz, Inc.
D. Approval of Bills
E. Payment of Bills - September 1995
F. Emergency air conditioning repair for West Water Treatment Plant
G. Transfer of cemetery lots 208 A & B, Block R, Boynton Beach Memorial Park
IV. ANNOUNCEMENTS. PRESENTATIONS:
A. Announcements
1. Workshop Meeting, October 26, 1995 at 4:00 P.M. - Residential Appearance
Regulations and Clipper Cove financing options - United Way Service & Conference
Center, Boardroom, 2600 Quantum Boulevard
2. Youth in Government Day, October 19, 1995
3. Firefighter Memorial Sunday Services October 22, 1995 at 8:00 A.M. in the
Community Room of Fire Station III, 3501 North Congress Avenue - Everyone Invited
4. First City Commission meeting In November will be Tuesday, November 7,1995
B. Presentations
1. Legislative update presented by Representative Sharon Merchant
V. BIDS:
VI. PUBLIC HEARING: 7:00 PM OR AS SOON THEREAFTER AS THE AGENDA PERMITS
A. PROJECT NAME: Miner Road TABLED
AGENT: Richard Harris for Condor Investments of Palm Beach County
OWNER: City of Boynton Beach
LOCA TION: Miner Road between High Ridge Road and 1-95
DESCRIPTION: ABANDONMENT - Request for abandonment of a 54 foot wide
portion of the Miner Road right-of-way east of High Ridge Road
2
B. PROJECT NAME: Boynton Commons
AGENT: Robert A, Bentz, Land Design South
OWNER: Bill Ray Winchester & Elsie A. Winchester
LOCATION: The southwest corner of Old Boynton Road and Congress Avenue
OeSCRIPTION: REZONING - Request for zoning and master plan approval to
construct a 186,130 square foot retail complex on 23.03 acres of
land In connection with a rezoning from C-3 to Planned Commercial
Development (PCD).
C. PROJECT NAME: St. Joseph's Episcopal Church and School
AGENT: Jerome F. Milord
OWNER: St. Joseph's Episcopal Church
LOCATION: 3300 South Seacrest Boulevard
DESCRIPTION: CONDITIONAL USE APPROVAL - Request for conditional use
approval to conltruct a new 8,482 aquare foot classroom building to
the existing school, a 30 space parking lot and tennis courts.
VII. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS
VIII. DEVELOPMENT PLANS:
A. PROJECT NAME: Papa Johns TABLED
APPLICANT REQUESTED TO BE TABLED UNTIL OCTOBER 17,1995
AGENT: Interplan Practice, Ltd.
OWNER: Papa Johns USA
LOCATION: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard
DESCRIPTION: . LANDSCAPE APPEAL: Request for a landscape code appeal to
overhang a required landscape strip with bumpers of parked cars.
B. PROJECT NAME: Papa Johns TABLED
APPLICANT REQUESTED TO BE TABLED UNTIL OCTOBER 17,1995
AGENT: Interplan Practice, Ltd.
OWNER: Papa Johns USA
LOCATION: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard
DESCRIPTION: NEW SITE PLAN: Request for site plan approval to construct a
1 ,142 square foot take-out pizza store on .22 acres
C. PROJECT NAME: Tara Oaks PUD TABLED
AGENT: Kilday and Associates
OWNER: Bill Ray Winchester
LOCATION: Northeast corner of Woolbright Road and Knuth Road extended
DESCRIPTION: Request for approval to modify the previously approved master plan
to change access points, recreational amenities, unit type from
apartments to townhouses and use acreage
D. PROJECT NAME: Boynton Commons
AGENT: Robert A. Bentz, land Design South
OWNER: Bill Ray Winchester & Elsie A. Winchester
LOCATION: The southwest corner of Old Boynton Road and Congress Avenue
DESCRIPTION: LANDSCAPE APPEAL - Request for a landscape code appeal to
omit a 2112 foot wide landscape strip between the vehicle use area
and the abutting property line at the southwest corner of the site.
E. PROJECT NAME: UPS Communication Data Center
AGENT: Collene W. Walter, Kilday & Associates, Inc.
OWNER: GR Palm Associates
LOCATION: 3800 South Congress Avenue
3
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-595
Agenda Memorandum for
october 17, 1995 City Commission Meeting
TO:
Carrie Parker
City Manager
Tambri J. Heyden -/)l~-
Planning and Zoning Director
FROM:
DATE:
SUBJECT:
October 12, 1995
Miner Road - ABAN #95-00)
Right-of-way abandonment
Please place the above-referenced request is on the table under
Public Hearings for the October 17, 1995 city Commission agenda.
DESCRIPTION: The above request was submitted by Richard Harris,
agent for Condor Investments of Palm Beach County, owner of the
undeveloped High Ridge Commerce Park PID, to abandon a portion of
Miner Road located between High Ridge Road and 1-95 in connection
with expansion of the eXisting Waste Management facility on
Industrial Way, immediately south of the requested area to be
abandoned. At the September 19, 1995 Commission meeting, the
request was tabled until the applicant submitted to staff the
following documents to allay staff concerns with this request:
1. An abandonment application for the additional 54 feet of Miner
Road that exists immediately north of the Waste Management
facility.
2. An abandonment application for a 25 foot wide easement that
exists for Miner Road.
3. An abandonment application for a five foot wide access control
easement that exists for Miner Road.
4. Written documentation, acceptable to the City, that verifies
that the Rollyson, FDOT and Florentine Marble parcels that
abut the portion of Miner Road to be abandoned, have an
alternate, perpetual means of access.
5. Written verification from FDOT and the CSX Railroad that
indicates that they would not permit a "fly-over" tol be
constructed over their rights-of-way.
RECOMMENDATION: Staff has received some of the documentation
required in item 4 above, which has been recently forwarded to the
City Attorney and the City Engineer for review. This review is
pending. Mr. Harris has indicated that he had contacted FDOT and
CSX regarding the "fly-over", but that he has not yet received a
response from them. The abandonment applications referenced in
items I, 2 and 3 above were received, but the applications were
incomplete. Instructions on how to complete the applications have
been relayed to the applicant. Therefore, it is recommended that
this item remain table.
TJH:dim
xc: central File
e:CCAlllloBlIoN.llinQr
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-556
Agenda Memorandum for
October 2, 1995 city Commission Meeting
FROM:
Carrie Parker
City Manager
Tambri J. Heyden 7f; ~
Planning and Zoning Director
TO:
DATE:
September 26, 1995
Miner Road - ABAN #95-00~
Right-of-way abandonment
Please be advised that the above-referenced item is on the table
under Public Hearings for the october 2, 1995 Commission agenda.
SUBJECT:
DESCRIPTION: The above request was submitted by Richard Harris,
agent for Condor Investments of Palm Beach county, owner of the
undeveloped High Ridge Commerce Park PID, to abandon a portion of
Miner Road located between High Ridge Road and 1-95 in connection
with expansion of the existing Waste Management facility on
Indudstrial Way, immediately south of the requested area to be
abandoned. At the September 19, 1995 Commission meeting, the
request was tabled until the applicant submitted to staff the
following documents to allay staff concerns with this request:
1. An abandonment application for the additional 54 feet of
Miner Road that exists immediately north of the Waste
Management facility.
2. An abandonment application for a 25 foot wide easement that
exists for Miner Road.
3. An abandonment application for a five foot wide access
control easement that exists for Miner Road.
4.' Written documentation, acceptable to the city, that verifies
that the Rollyson, FDOT and Florentine Marble parcels that
abut the portion of Hiner Road to be abandoned, have an
alternate, perpetual means of access.
5. Written verificati~n from FDOT and the CSX Railroad that
indicates that they would not permit a "fly-over" to be
constructed over their rights-of-way.
RECOMMENDATION: Yesterday I received a letter from Mr. Harris
providing some of the documentation required in item 4 above but
time did not permit forwarding this documentation (which is '
incomplete) to the city attorney and the city engineer for
review. Mr. Harris' letter did indicate that he had contacted
FDOT,and CSX regarding the "fly-over"/ but that a response was
pend1ng. None of the abandonment applications referenced in
items 1~ 2.and 3 has been received. Therefore, it is recommended
that th1s 1tem remain tabled.
tjh
xc: MinerAbn
VI. LIC HEARING
A.
cc: Planning, Development
PLANNING AND ZONING DEPARTMENT MEMOR
q5-SSIo
Agenda Memorandum for
October 2, 1995 City Commission Meeting
FROM:
Carrie Parker
City Manager
Tambri J. Heyden 1~ ~
Planning and Zoning Director
TO:
DATE:
September 26, 1995
Miner Road - ABAN i95-002
Right-of-way abandonment
Please be advised that the above-referenced item is on the table
under Public Hearings for the october 2, 1995 Commission agenda.
SUBJECT:
DESCRIPTION: The above request was submitted by Richard Harris,
agent for condor Investments of Palm Beach County, owner of the
undeveloped High Ridge Commerce Park PID, to abandon a portion of
Miner Road located between High Ridge Road and 1-95 in connection
with expansion of the existing Waste Management facility on
Indudstrial Way, immediately south of the requested area to be
abandoned. At the September 19, 1995 Commission meeting, the
request was tabled until the applicant submitted to staff the
following documents to allay staff concerns with this request:
1. An abandonment application for the additional 54 feet of
Miner Road that exists immediately north of the Waste
Management facility.
2. An abandonment application for a 25 foot wide easement that
exists for Miner Road.
3. An abandonment application for a five foot wide access
control easement that exists for Miner Road.
4. Written documentation, acceptable to the city, that verifies
that the Rollyson, FDOT and Florentine Marble parcels that
abut the portion of Miner Road to be abandoned, have an
alternate, perpetual means of access.
5. Written verification from FDOT and the CSX Railroad that
indicates that they would not permit a "fly-over" to be
constructed over their rights-of-way.
RECOMMENDATION: Yesterday I received a letter from Mr. Harris
providing some of the documentation required in item 4 above but
time did not permit forwarding this documentation (which is '
incomplete) to the city attorney and the city engineer for
review. Mr. Harris' letter did indicate that he had contacted
FDOT and CSX regarding the IIfly-over", but that a response was
pending. None of the abandonment applications referenced in
items 1, 2 and 3 has been received. Therefore, it is recommended
that this item remain tabled.
tjh
xc: MinerAbn
VI. PUBLIC HEARING
C.l
PLANNING AND ZONING DEPJ
MEMORANDUM NO, 95-4
cc: Planning, Develop.
Utilities
Agenda Memorandu~ for
September 19, 1995 Clty Comm1ssion Meeting
TO:
carrie Parker
C:I. tY Mallag'el"
FROM:
--.J
Tambri J. Heyden I~t
Plann1ng and Zoning Director
DATE:
September 14, 1995
SUBJECT:
Mlner Road - ABAN 95-002
Right-of-way abandonment
Please place the above-referenced request en the September 19, 1995
City Commission agenda under Public Hearing'.
DESCRIPTION: Richard Harris, agent for condor Investments of Palm
Beach county, owner of the undeveloped'lHigh Ridge Commerce Park
PID, is request1ng abandonment of a portion of Miner Road located
between High Ridge Road and I-95 1n connection with expansion of
the existing Waste Management facility on Industrial Way.
RECOMMENDATION: The Planning and Development Board, with a 7-0
vote, recommended denial of this request. This recommendation was
based on the following reasons:
1. Inclusion of only a part of the Miner Road right-of-way that
exists between High Ridge Road and I-95.
2. Exclusion of abandonment applications for the easement and
tract referenced in Planning and Zoning Department Memorandum
No. 95-381.
3. Landlocking of the Rollyson, FDOT and Florentine Marble
parcels without verification, acceptable to the City, that an
alternate, perpetual means of access exists to these parcels.
4. Flre Department Memorandum No. 95-332 WDC express1ng a long
range interest in retaining the right-of-way or provlde
ver1fication from FDOT and the CSX Railroad that a "fly-over"
would not be perm1ttable.
TJH:dim
Attachment
!I:CC.-"olen1'(II!.1'ofin
S~P-08-rggS 16:02
Soard of County Ccmll11uiQIUU"
Ken L. Fo!-ter, Chairman
Burt Aaronson, Vice Chairman
Karen T, Marcus
Carol A, Roool'ts
Warren H. Newell
Mary McCarty
Maude Ford Lee
222; 2222222222
4r- 478 5770 P.01/01
County Administrator
Robert We1Sman
Department of lingineerins
and Public Work.
SUBIIECT:
Proposed "'ner Road Abandonment
September a, 1995
Tambr1 J. Heyden
Planning and Zon1ng D1rector
The City ot Boynton Belch
P.O. BOX 310
Boynton Beach, Flor1da 33425-0310
Dear Ms. Heyden:
1 ara writing in response to your letter of August le, 1995 1n which you requested
the County's comments with regard to a request to abandon I portion of Hiner Road
right of way, east of H1gh Ridge Raid. ~
Palm Beach County would have no objections to the abandonment. lssuming that
action would not llndlock any propert1es.
Please contact me if you have any questions.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
A!; .
Charles R. Walker. r't P.E.
Director - Traffic Div siDn
CRW:ASH:llleo
File: Roads - Miner Road
A.SH\mtner
@ ",i11lltd 011 '4ol)lf.1fG PIW
'An Equal Opportunity - Mfirmlltive Achon Employer'
lox 21n9 WQlt "aIm 'rICh, 1Iorld.. >>4tO-1229 (to7) 684'"'000
TOTAL p.e1
FIRE PREVENTION MEMORANDUM NO. 95-332 WDC
september 11, 1995
I
TO:
Planning Department
FROM:
Fire Department
SUBJ:
MSPM 95-007
Waste Management of Florida
Cedar Ridge/High Ridge Commerce Park
Lots 15,16,17,18
Fire Department senior Staff met to discuss abandonment of Miner
Road east of High Ridge Road. Miner Road is essential to Fire
Departm~nt response in the northern one-third of this city. The
location of Fire station III was determined with Miner Road as the
eventual major response lane.
As traffic impacts the Station III response route to NE Boynton,
north of Quantum Boulevard, re-evaluation of station locations will
have to be made.
If Miner Road can be extended, to Military Trail on the west and to
Seacrest Boulevard on the east, station relocation or addition will
not be necessary.
We do not feel that an abandonment of Right of Way at this time is
warranted. We would appreciate the option of contributing to a
"Fly over" across 1-95 instead of having to locate new fire
stations. We have no objections to a temporary use or lease of the
strips of right of way in question, so long as it may ultimately be
restored to a street.
....
// . 4'1 '} ,j)
d~<-- '~(;-f:~t:i//c1c.~yJL
William D. cavanaugh,VFPO
cc: Chief Jordan
Deputy chief Ness
T.O. Gulbrandsen
FPO II Campbell
File
PLANNING AND ZONING DEPARTMENT
MEMORANDUM 95-381
TO: Chairman and Members
Planning and Development Board
FROM: Tambri J. HeYdenlJ1~
Planning and Zoning Director
DATE: September 1, 1995
SUBJECT: Miner Road ABAN 95-002
Right-of-way abandonment
NATURE OF REQUEST
Richard Harris, agent for condor Investments of Palm Beach County,
the property owner of the undeveloped, High Ridge Commerce Park
PID, is requesting abandonment of a portion of Miner Road located
between High Ridge Road and 1-95. The attached Exhibi t "A"
contains a location map which shows the portion of the Miner Road
right-of-way to be abandoned (and a portion of the right-of-way
that is not requested for abandonment - further discussed below) .
The attached Exhibit "B" contains a legal description and sUl-vey of
the proposed abandonment.
BACKGROUND
The requested portion of Miner Road was dedicated to the public by
recordation of the 1983 plat of Cedar Ridge PUD and High Ridge
Commerce Park PID (the location of these projects is also shown on
the attached location map). The purpose of the dedication was for
the eventual extension of Miner Road, a lOa foot wide collector
road eXisting immediately to the west of High Ridge Road and which
is interrupted by the CSX Railroad and 1-95 rights-of-way, before
it picks up again east of 1-95. The requested portion of Miner
Road is 54 feet in w~dth, one-half of the ultimate 108 feet
originally proposed and is unimproved. Miner Road, between High
Ridge Road and Seacrest Boulevard, was removed from both Palm
Beach County's and the City's thoroughfare plans as there was no
plan to construct a bri,dge. over 1-95 to extend Miner Road.
ANALYSIS
The requested abandonment has been submitted in order to allo\'1
expansion of Waste Management South's solid waste facilities across
Miner Road and further north into the High Ridge Commerce Park PID
(the attached location map illustrates the location of the
expansion). However, as previously mentioned there is a 54 foot
wide portion of Miner Road that extends along the north property of
the Waste Management faCility which is not included in this
request. Further research indicates that there is a five foot wide
access control easement for Miner Road to restrict access onto
Miner Road from the abutting lots in the Boynton Beach Distribution
Center (the subdivision plat in which Waste Management is located).
Also, there is a 25 foot easement for Miner Road that is dedicated
to Palm Beach County. Abandonments for these easements, which
would be necessary for the intended use of Miner Road, have not
been submitted.
The attached location map also raises concerns with whether the
Rollyson, undeveloped Florentine Marble planned to be developed by
Zicaro Plumbing and FDOT parcels have an existing, alternative,
perpetual means of access acceptable to the City, in lieu of the
standard, direct access from a public or private right-of-way.
Without this, these parcels could be landlocked.
The applicant's reasons for filing this abandonment and the grounds
Page 2
Memorandum #95-381
ABAN 95-002
that support the request are included in the attached Exhibit "C'l.
The city departments involved in review of a request for
abandonment and the utility companies notified of the request are
identified below. Public notice is given to the property owners
that abut the easement to be abandoned. The utility companies and
the city department responses to the abandonment request are
identified below and provided in attached Exhibit "0".
CITY DEPARTMENTS
Engineering No objection, however during a
subsequent discussion with Engineering they
indicated that the applicant must provide
verification, acceptable to the city, that the
abutting parcels that do not have their own access
directly from a public or private right-of-way have
an alternative, perpetual means of acce5S.
utilities
No obj ection, provided easement
dedicated.
planning and Zoning As discussed above, application
is flawed without inclusion of the entire Miner
Road right-of-way between High Ridge Road and I-95
and related easements and cannot be supported
without verification that abutting parcels
(including FOOT) will not be landlocked.
PUBLIC UTILITY COMPANIES
Florida Power and Light
dedicated.
No obj ection, provided easement
southern Bell
No objection
Florida Gas Company
No objection
Cable Company (Comcast)
No objection
Palm Beach County Traftic. Div.- No objection based solely on
what has been submitted, provided abutting parcels
are not landlocked.
RECOMMENDATION
Based on the issues of potential landlocked parcels and exclusion
from this request of the entire right-of-way for Miner Road, as
well as lack of necessary accompanying easement abandonment
applications, staff recommends denial of this request. A new
application should be submitted for Miner Road, accompanied by the
referenced property owner verifications and easement abandonment
applications.
tjh:dim
Attachments
xc: central File
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EXHIBIT "A"
That part of Miner Road as dedicated by the Plat of Cedar
Ridge, a P.U.D. & High Ridge Commerce Park, a P.I.D.,
according to the Plat thereof recorded at Plat Book 46,
page 58, of the Public Records of Palm Beach County,
Florida, bounded on the west by the Right-of-Way of High
Ridge Road and bounded on the east by the eastern most
boundary of the Plat of Cedar Ridge, a P.U.D. and High
Ridge Commerce Park, a P.I.D.
1071031llll)k.........~\3ll877\ah..
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6. That the following grounds and reasons are submitted in
support of this application:
Miner.,Road, although platted, has never been improved and is not
used by any persons for ingress, egress, access or otherwise. Ingress,
egress and access is available to all affected properties over and across
improved roadways.
DATED I Julv 1995
APPLICANT(S) NAME (PLEASE SIGN)
ADDRESS
ALM BEACH COUNTY, INC.
c/o Jim Vanderwoude
430 North "G" Street
Lake Worth. FL 33460
STATE OF FLORIDA
COUNTY OF PALM BEACH
The above named applicant(s) being first duly sworn by me the
day and y.ar above indicated, deposed and stated that he
are/is the applicant(s) in the foregoing Application to-Xbandon/.
Vacate, that they have read the same and that the facts therein
set forth are true and ~orrect to the best of their knowledge.
~.~-~
NOTARY P L , State of Flor~
My Commission Expires.
......t\
...,..~ OFFICIAL S:,l'l.
( weg ~.~. ~ICH;~Ro. _~A..~.~~~~~
\"~ i- Julv is. 199"
....SClP~.. Com"', No. CC 215"""
.........
6-19-87
DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION MEMORANDUM NO. 95-322
FROM:
Sue Kruse
iit Clerk
'am Hukill,
Engineer
August 28, 1995
m@rno\YJrn
TO:
00
,I II J . d !, 'J
00:
P,E.
PLANNING AN
ZONING DEPT.
DATE:
RE: ROAD ABANDONMENT REQUEST - MINER ROAD/CEDAR RIDGE PUD
The Development Department has no objections to the abandonment of
Miner Road in the Cedar Ridge PUD adjacent to Block 2, Lots 11 thru
20. Signoffs should be obtained from affected, or potentially
affected, utilities.
WVH:ck
xc: Mike Haag, Zoning/Site Administrator
C:MlNERRD,ABN
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FROM
to.
TO
Kr. Bill Hukill
.<
Sue Eruse
Director or Development
City Cie~k" .:;: >~~,Jv.:::~.,\;:,':: '
, ~'i" t ~~ .' ... I:. , '.' i'
~taehe~ is a espy sf aa appl1aat1ou to .~udou . road rigbt-n~-uwy lnpa~~d hA~~~n
High tidge Road and 1-95 1IOre particularly described as follows: Part of Kiner Road as
dedicated by the Plat of Cedar Ridge, a P.U.D. & HIgh Ridg~' Commerce Park, a P.l.D.
The application was submitted by J. Richard Barris, ~q. as agent. tor ~ndor LnvesCments
af Pals Beaea Ceuacy. 1&8. rlaa.. revi.w aud a~.i.. of y~~'r ?APnmm_"da~fnnA in? Approval
or disapproval in accordance with Land Development ~gu1ationa, Article?!!I Section 4a (1
of the code. Pl.ase respond to this office with a copy 'to the Pla~ing Dept by Aug. 30,
DATE l.'t3.'~r' (siGNED("\. ,~~" t.~-4,(ll.~_
REPlY
~.
~EE RNaTNEERING n.WWWrON MEMORANDUM NO. 95-322 ATTACHED.
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DATE Aua 28 19916NED
RECIPIENT: RETAIN WHITE COPY. RETURN PINK COPY. PLEASE TURN OVER FOR USE WITH WINDOW ENVELOPE.
44-902 · Triplicat
44-904 . Ouadrup
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SPEED LETT
TO
FlOM
Mr. John Guidry
Sue Kruse
Director of Utilities
City Clerk
SUBJECT
City Commission Public Hearing - Sept. 19, 1995
- FOUl NO '."0
MESSAGE
Attached is a copy of an application to abandon a road right-oi-way located between
High Ridge Road and 1-95 more particularly described as follows: Part of Mi"~~ Road as
dedicated by the Plat of Cedar Ridge, a P.U.D. & HIgh Ridge Commerce Park, a P.I.D.
The applieatiea was sHe.ittes BY J. Riehard Barris, EK~. as ageat fer Ceft40r Ia~estmeftts
of Palm Beach County, Inc. Please review and advise of your recommendations for approva
or disapproval in accordance with Land Development Regulations, Article III Section 4a (
of the code. Please respond to this office with a copy to the lanning Dept by Aug. 3C
DATE 8/23/95 SIGNED
REPLY
Easements will be required for existing utilities in rigtlt-of-way to be abandooed
(see attachlIlmt)
DATE
8/YJ/9S
44-902 · TI
44-904 . Q
.
] - FOUlFOftHO.
- FOUl FOIl NO. 10
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SIGNED
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SENOEJI: DETACH AND RETAIN YEUOW COPY. SEND WHITE AND PINK COPIES. IIECIPIENT: RETAIN WHITE COPY. RETURN PINK COPY.
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'-
SPEED LETTEF
FROM
TO
Tambri H~yden
Sue KrUb'~
Planning and Zoning DirecCor
City Clerk
,
SUBJECT
City COMmission Public Hearing
Sept. 19. 1995
- FOLD NO.'" 10
MESSAGE
Attached is a copy of an application to abandon a road right-oi-way located between
High Ridge Road and 1-95 more particularly described as follows; ~art of Miner koad a~
dedicated by the Plat of Cedar Ridge, a P.U.D. & HIgh Ridge Commerce Park, a P.I.D.
'I'lu:; 41'1'licoitlo[1 W-A5 5dbndtted by J. Richard auria, Exq. aB Ilsent for CORdor lfivc3tmefit
of Palm Beach County, Inc. Please review and advise of your recommendations for appro'
or disapproval 1n accordance with Land Development Regulations, Article III Section 4a
,;- ---- --~.:.. Please respond to this office with a copy to the Planning Dept by Aug. ~
DATE Pol? 11 g 'i .sIGNED ' . ,
REPlY
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- FOlD FOR NO. fo .
II WllsonJones.
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RECIPIENT: RETAIN WHITE COPY, RETURN PINK COPY. PLEASE TURN OVER FOR USE WITH WINDOW ENVELOPE.
.-'
DATE
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44-902 . Tr~jjCarl
44- 904 . Quadrup
.
FPL
Florida Power & Light Company, P. O. Box 2409, Delray Beach, FL 33447-2409 _
September 1, 1995
Tambri J. Heyden
Planning and Zoning Director
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425-0310
Re: Forest Ct (#95-004) & Miner Rd (#95-005) Right of Way Abandonment
Dear Mr. Heyden:
FPL has no objection to the abandonment of the Forest Court right-of-way of as
described in your letter dated August 9, 1995
FPL has. no objection to the abandonment of the Miner Road right-of-way of as described
in your letter dated August 14, 4995, provided that a utility easement is provided on the
east 160 feet of the road right of way. (See the area highlighted in yellOW on the enclosed
drawing. )
If you require any additional information, please call me at (407) 265-3104.
Sincerely Yours,
~.t~sil~r.
Major Account Manager
an FPl Group company
lill ~,@j ~ ~
I '~:AN"!NG AND J
ZONiNG DEPT'-,)
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Ms. Tambri J. Heyden
Planning and Zoning Director
City of Boynton Beach
P.O. Box 310
Boynton Beach, Fla. 33425-0310
BELL SOUTH
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- PLf\NNING;
ZONING [F i.~_
August 28, 1995
Re: Miner Road - ABAN #95-005
Right-of-Way Abandonment
Dear Ms. Heyden
BellSouth Telecommunications has no objection to the above referenced
abandonment.
If you have any further questions, please contact Mr. Chuck Lonsdale at 407-582-
3590.
Yours truly,
(J~)1)<.-~~
Carole D. McKenzie
Specialist
~----"'---"I- ~-
F L'D'R\I D A
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PUBLIC UTILt'TIES COMP
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PzLANNltTGA'I"i) -~
ONING DiP;'" ~
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P. O. Box 3395
West Palm Beach,
FL 33402-3395
August 21, 1995
Ms. Tambri J. Heyden
Planning and Zoning Director
City of Boynton Beach
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425-0310
RE: Miner Road - ABAN #95-005
Right-of-Way Abandonment
Dear Ms. Heyden:
Please be advised that Florida Public Utilities Company has no
objection to the abandonment of the existing 50' easement described
in your letter.
At the 'present time, we have no underground gas distribution
facilities located within the limits of the proposed abandonment.
Sincer~ /
d?f.~
,~
id E. pellico
Division Engineer
cc: Mr. M. L. Schneidermann
\.
Comcasl Callie vision
01 West Palm Beach, Inc
1401 Northpoln' Parkway
Wesl Palm Beach, Florida 33407
m
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j I' . 'I I'
,',' 'il L. J
~CCJMCASTe
PLANNING AND mAt\.
ZONING OEPT. ~, '
August 19, 1995
Tambri 1. Heyden
Planning and Zoning Director
The City of Boynton Beach
100 E. Boynton Beach Blvd
P.O. Box 310
Boynton Beach, Florida 33425-0310
REF: Miner Road - ABAN #95-005
Right of Way Abandonment
Dear Tambri,
Comcast Cablevision has no objections in the right of way abandonment for the above
referenced road.
If you have any further questions, please contact be at (407) 478-5866 ext. 519.
Thankyou, O~
Dominique Aumais
Construction Coordinator
DAIlvl
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VI. PUBLIC BEARING
C.l
PLANNING AND ZONING DEPJ
MEMORANDUM NO. 95-4
cc: Planning. Develop.
Utilities
Agenda Mernorandu~ for
September 19, 1995 Clty Commlssion Meetlng
TO:
Carrie Parker
Clty Manager
FROM:
---J
Tambri J. Heyden I~I
Plannlng and ZonIng Director
DATE:
SUBJECT:
September 14, 1995
Mlner Road - ABAN 95-00f)
Right-of-way abandonment
Please place the above-referenced request on the September 19, 1995
City Commission agenda under Public Hearing.
DESCRIPTION: Richard Harris, agent for Condor Investments of Palm
Beach County, owner of the undevelopedu High Ridge Commerce Park
PID, is requesting abandonment of a portion of Miner Road located
between High Ridge Road and I-95 in connection with expansion of
the existing Waste Management facility on Industrial Way.
RECOMMENDATION: The Planning and Development Board, with a 7-0
vote, recommended denial of this request. This recommendation was
based on the following reasons:
1. Inclusion of only a part of the Miner Road right-of-way that
exists between High Ridge Road and 1-95.
2. Exclusion of abandonment applications for the easement and
tract referenced in Planning and Zoning Department Memorandum
No. 95-381.
3. Landlocking of the Rollyson, FOOT and Florentine Marble
parcels without verification, acceptable to the City, that an
alternate, perpetual means of access exists to these parcels.
4. FIre Department Memorandum No. 95-332 WDC expresslng a long
range interest in retaining the right-of-way or provide
verlfication from FOOT and the CSX Railroad that a "fly-over"
would not be permittable.
TJH:dim
Attachment
.:CC",,;enMe.M1n
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-499
Agenda Memorandum for
September 19, 1995 C1ty Commission Meeting
FROM:
Carrie Parker
City Manager
Tambri J. Heyden ~fJ
Planning and Zoning Director
TO:
SUBJECT:
September 14, 1995
Miner Road - ABAN 95-00~
Right-of-way abandonment
DATE:
Please place the above-referenced request on the September 19, 1995
City Commission agenda under public Hearing.
DESCRIPTION: Richard Harris, agent for Condor Investments of Palm
Beach County, owner of the undeveloped, High Ridge Commerce Park
PID, is requesting abandonment of a portion of Miner Road located
between High Ridge Road and I-95 in connection with expanS10n of
the eX1sting Waste Management facility on Industrial Way.
RECOMMENDATION: The Planning and Development Board, with a 7-0
vote, recommended denial of this request. This recommendation was
based on the following reasons:
1. Inclusion of only a part of the Miner Road right-ot-way that
exists between High Ridge Road and 1-95.
2. Exclusion of abandonment applications for the easement and
tract referenced in Planning and Zoning Department Memorandum
No. 95-381.
3. Landlocking of the Rollyson, FDOT and Florentine Marble
parcels without verification, acceptable to the City, that an
alternate, perpetual means of access exists to these parcels.
4. F1re Department Memorandum No. 95-332 woe expressin9 a long
range interest in retaining the right-of-way or provide
verification from FDOT and the esx Railroad that a "fly-over"
would not be perm1ttable.
TJH:dim
Attachment
.,CC~genMe.Min
.---
I'
FROM:
MEMcmANDUM
Dale Suqarman, Assistant City Man~~ 0 ,
James A. Cherof, city Attorney (j~
TO:
OATH:
September 13, 1995
6 r- ep~~~..,<nr
The prooess by which I would determine the ownership of a street.Ain
the City is as tollows: '
1. obtain a survey of the streetl,..- e4l..Se.j'Y)<,,-/-)
2. Obtain a title opinion (ownership and encumbrance report)
from a title company. -
RECOMMENDATION:
prov ide 1 and 2 abovd'-.
.
Require applicants for abandonments to
RATIONALE: The city should not underwrite this costly
determination reqardinq ownership when the applicant is the
ultimate beneficiary oL the abandonment.
cc: Bill Hukill
900182.BB
MEMO
abandonment
FIRE PREVENTION MEMORANDUM NO. 95-332 WDC
september 11, 1995
J
TO:
Planning Department
FROM:
Fire Department
SUBJ:
MSPM 95-007
waste Management of Florida
Cedar Ridge/High Ridge Commerce Park
Lots 15,16,17,18
Fire Department Senior Staff met to discuss abandonment of Miner
Road east of High Ridge Road. Miner Road is essential to Fire
Departm~nt response in the northern one-third of this city. The
location of Fire Station III was determined with Miner Road as the
eventual major response lane.
As traffic impacts the station III response route to NE Boynton,
north of Quantum Boulevard, re-evaluation of station locations will
have to be made.
If Miner Road can be extended, to Military Trail on the west and to
Seacrest Boulevard on the east, station relocation or addition will
not be necessary.
We do not feel that an abandonment of Right of Way at this time is
warranted. We would appreciate the option of contributing to a
"Fly over" across 1-95 instead of having to locate new fire
stations. We have no objections to a temporary use or lease of the
strips of right of way in question, so long as it may ultimately be
restored to a street.
,
...
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d!~~,-- 4~ (;-?2~[.'t~j'&<yJL
William D. cavanauqh,JFPO
cc: chief Jordan
Deputy chief Ness
T.O. Gulbrandsen
FPO II campbell
File
DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION MEMORANDUM NO. 95-322
rn@rn'~w~
TO:
Sue Kruse
iit Clerk
'am ~ukill,
Englneer
August 28, 1995
ROAD ABANDONMENT REQUEST - MINER ROAD/CEDAR RIDGE PUD
00
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FROM:
P.E.
PLANNING AN
ZONING DEPT.
DATE:
RE:
The Development Department has no objections to the abandonment of
Miner Road in the Cedar Ridge PUD adjacent to Block 2, Lots 11 thru
20. Signoffs should be obtained from affected, or potentially
affected, utilities.
WVH:ck
xc: Mike Haag, zoning/Site Administrator
C:MINERRD.ABN
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PLANNING AND ZONING DEPARTMENT
MEMORANDUM #94-435
TO:
FROM:
Sue Kruse
City Clerk
.~d
Tambri J. Heyden I~
Planning and Zoning Director
DATE:
August 11, 1995
RE:
Miner Road - ABAN 95-005
Right-of-way abandonment
Accompanying this memorandum you will find two (2) copies of the
application and related documents for the above-referenced
abandonment application. The $500.00 application fee for staff
processing and review has been forwarded to the Finance
Department.
A legal advertisement for same has been prepared for the
september 19, 1995 City Commission Public Hearing and will be
forwarded to your office after review by the City Attorney and
City Manager. In order for our department to meet the deadline
for preparing Planning and Development Board agenda materials for
this request, comments from staff and the various concerned
parties must be received by our office by August 30, 1995.
Please inform staff of this time frame when distributing copies
of this request for comment. If easier, comments can be
forwarded to you with a xerox copy transmitted to our office.
Thank you.
e:lellelnot..in
PLANNING AND ZONING DEPARTMENT
MEMORANDUM 95-381
FROM:
Chairman and Members
Planning and Development Board
Tambri J. Heyden 7J?~
Planning and Zoning Director
TO:
SUBJECT:
September 1, 1995
Miner Road ABAN 95-005
Right-of-way abandonment
DATE:
NATURE OF REQUEST
Richard Harris, agent for condor Investments of Palm Beach County,
the property owner of the undeveloped, High Ridge Commerce Park
PID, is requesting abandonment of a portion of Miner Road located
between High Ridge Road and I-95. The attached Exhibit "A"
contains a location map which shows the portion of the Miner Road
right-of-way to be abandoned (and a portion of the right-of-way
that is not requested for abandonment - further discussed below) .
The attached Exhibit "B" contains a legal description and survey of
the proposed abandonment.
BACKGROUND
The requested portion of Miner Road was dedicated to the public by
recordation cf the 1983 plat of cedar Ridge PUD and High Ridge
Commerce Park prD (the location of these projects is also shown on
the attached location map). The purpose of the dedication was for
the eventual extension of Hiner Road, a 108 foot wide collector
road eXisting immediately to the west of High Ridge Road and which
is interrupted by the CSX Railroad and 1-95 rights-of-way, before
it picks up again east of I-95. The requested portion of Miner
Road is 54 feet in wldth, one-half of the ul timate 108 feet
originally proposed and is unimproved. Miner Road, between High
Ridge Road and Seacrest Boulevard, was removed from both Palm
Beach County's and the City's thoroughfare plans as there was no
plan to construct a bri,dge over I-95 to extend Miner Road.
ANALYSIS
The requested abandonment has been submitted in order to allow
expansion of Waste Management South's solid waste facilities across
Miner Road and further north into the High Ridge Commerce Park PID
(the attached location map illustrates the location of the
expansion). However, as previously mentioned there is a 54 foot
wide portion of Miner Road that extends alonq the north property of
the Waste Management facility which is not included in this
request. Further research indicates that there is a five foot wide
access control easement for Miner Road to restrict access onto
Miner Road from the abutting lots in the Boynton Beach Distribution
~~ntpr (the subdivision plat in which Waste Management is located) .
Also, there is a 25 foot easement for Miner Road that is dedicated
to Palm Beach County. Abandonments for these easements, which
would be necessary for the intended use of Miner Road, have not
been submitted.
The attached location map also raises concerns with whether the
Rollyson, undeveloped Florentine Marble planned to be developed by
Zicaro Plumbing and FDOT parcels have an existing, alternative,
perpetual means of access acceptable to the City, in lieu of the
standard, direct access from a publ ic or pl-ivate l-ight-of-way.
Without this, these parcels could be landlocked.
The applicant's reasons for filing this abandonment and the grounds
Page 2
Memorandum #95-381
ABAN 95-002
that support the request are included in the attached Exhibit 11 ell ,
The city departments involved in review of a request for
abandonment and the utility companies notified of the request are
identified below. Public notice is given to the property owners
that abut the easement to be abandoned. The utility companies and
the city department responses to the abandonment l-equest are
identified below and provided in attached Exhibit IlDIl.
CITY DEPARTMENTS
Engineering No objection, however during a
subsequent discussion with Engineering they
indicated that the applicant must provide
verification, acceptable to the city, that the
abutting parcels that do not have their own access
directly from a public or private right-of-way have
an alternative, perpetual means of access.
utilities
No obj ection, provided easement
dedicated.
Planning and Zoning As discussed above, application
is flawed without inclusion of the entire Minel-
Road right-of-way between High Ridge Road and I-95
and related easements and cannot be supported
without verification that abutting parcels
(including FDOT) will not be landlocked.
PUBLIC UTILITY COMPANIES
Florida Power and Light
dedicated.
No obj ection, pl-ovided easement
Southern Bell
No objection
Florida Gas Company
No objection
Cable Company (Comcast)
No objection
Palm Beach County Traffic. Div.- No objection based solely on
what has been submitted, provided abutting parcels
are not landlocked.
RECOMMENDATION
Based on the issues of potential landlocked parcels and exclusion
from this request of the entire right-of-way for Miner Road, as
well as lack of necessary accompanying easement abandonment
applications, staff recommends denial of this request. A new
application should be submitted for Miner Road, accompanied by the
referenced property owner verifications and easement abandonment
applications.
..... ...; 1-. . _, ~ ".,
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EXHIBIT "A"
That part of Miner Road as dedicated by the Plat of Cedar
Ridge, a P.U.D. & High Ridge Commerce Park, a P.I.D.,
according to the Plat thereof recorded at Plat Book 46,
page 58, of the Public Records of Palm Beach County,
Florida, bounded on the west by the Right-of-Way of High
Ridge Road and bounded on the east by the eastern most
boundary of the Plat of Cedar Ridge, a P.U.D. and High
Ridge Commerce Park, a P.I.D.
(0711l3181l)k.......I4th\3ll871'\ah..
E X H I BIT "e"
, '
. I ' ~
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,
6. That the following grounds and reasons are submitted in
support of this application:
Miner.,Road, although platted, has never been improved and is not
used by any persons for ingress, egress, access or otherwise. Ingress,
improved roadways.
egress and access is available to all affected properties over and across
DATED. Julv 1995
APPLICANT(S) NAME (PLEASE SIGN)
STATE OP FLORIDA
COUNTY OF PALM BEACH
ADDRESS
INC.
c/o Jim Vanderwoude
430 North "G" Street
Lake Worth, FL 33460
The above named applicant(s) being first duly sworn by me the
day and y.ar above indicated, deposed and stated that he
are/i. the applicant(s) in the foregoing Application to-Xbandon/.
Vacate, that they have read the same and that the facts therein
set forth are true and ~orrect to the best of their knowledge.
My Commission Expire..
6-19-87
~.~-~
NOTARY P L , State of Plorida
......l)
.~~ OFFICIAL S:Al.
J. RICHARo HARRIS
\f~ My Commission E~olres
~ Julv 15. 199fi
S:ClP~.. Com"', No. CC 215"-:')
.........
DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION MEMORANDUM NO. 95-322
FROM:
Sue Kruse
iit Clerk
'am ~ukill,
Eng~neer
August 28, 1995
m@rnn\YJrn
TO:
ill
1111; . d !; 'J
ill:
P.E.
PLANNING AN
ZONING DEPT.
DATE:
RE: ROAD ABANDORMENT REQUEST - MINER ROAD/CEDAR RIDGE PUD
The Development Department has no objections to the abandonment of
Miner Road in the Cedar Ridge PUD adjacent to Block 2, Lots 11 thru
20. Signoffs should be obtained from affected, or potentially
affected, utilities.
WVH:ck
xc: Mike Haag, Zoning/Site Administrator
C:MINERRD.ABN
,. !' ,"; .'.
,.- )
" SPEED LETTEF
FROM
to,
TO
Mr. Bill Hukill
.'
, , Sue lruse
Director or Development
, "j11)", ':; \::uJiI::'N il ',', ..:: '
City Clerk ':[ ;""" . :n., ;.,
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Attacke. is a espy sf aa app11Qat1oa to ~dou a road rigbt-of-uwy lnrA~~d h~hw@P-n
High Bidge Road and 1-95 more particularly described as follows: Part of Hiner Road as
dedicated by the Plat of Cedar Ridge, a P.U.D. & HIgh Ridg~' Commerce Park. a P.I.D.
The application vas submitted by J. Richard Barris, Exq. as agent. tor ~ondor Lnvestments
ef Pals Beaea Ceualy. Iae. rlea.8 r.v1ev aDd a~1.. of you~ ~~rnmm~ndA~innA fnT apprnval
or disapproval in accordance with Land Development ~gulations, Article; III Section 4a (1)
of the code. Pl.ase respond to this office vith a cop.y.to the Pla~ing Dept by Aug. 30.1
DATE 1) 'nn 'ff ' {siGNED{"\. ..,... A (""",-4,,, .) .~ -
. .
REPLY
~,
~EE ENGINEERING nZYWSION MEMORANDUM NO. 95-322 ATTACHED.
-...,
(1(1 ,/ J;1?t?
FOlD RIll NO. .
FOlD FOIl NO. II
. WI...........
DATE Aua' ., a 1991GNED
RECIPIENT: RETAIN WHITE copy, RETURN PINK copy, PLEASE TURN OVER FOR USE WITH WINDOW ENVELOPE.
44-902 . TripHcate
44-904 . auadruplil
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--.------
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SPEED LETTE
TO
FROM
Mr. John Guidry
Sue Kruse
Director of Utilities
City Clerk
SUBJECT
City Commission Public Hearing - Sept. 19, 1995
- FOUl NO.9otlO
MESSAGE
Attached is a copy of an application to abandon a road right-of-way located between
High Ridge Road and 1-95 more particularly described as follows: Part of Miu~~ Road as
dedicated by the Plat of Cedar Ridge, a P.U.D. & HIgh Ridge Commerce Park, a P.I.D.
rae applieatisB was s~e.lttes ey J. Rieaars Harris, EK~. 8S ageat fer Ceaser In7cstments
of Palm Beach County, Inc. Please review and advise of your recommendations for approval
or disapproval in accordance with Land Development Regulations, Article III Section 4a (1
of the code. Please respond to this office with a copy to the lanning Dept by Aug. 30,
DATE 8/23/95 SIGNED
REPLY
Easements will be reauired for ex.isti.n3 utilities in rUzht""1:lf-wav to be abandCXled
(see attadment)
DATE
8/"YJ/9S
44-902 · Tripll
44-904 . QII"
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- FOUl FOR NO. 10
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SENDEIl: DETACH AND RETAIN YEUOW COpy, SEND WHITE AND PINK COPIES. IIKIPIINT: RETAIN WHITE COPY, RETURN PINK COPY.
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SPEED LETTER<
FROM
TO
l'ambri H~yden
Sue KrUb,=
Planning and Zoning Dir~cCor
City Clerk
,
SUBJECT
City Commission Public Hearing
Sept. 19, 1995
;- FOlD NO.Sor 10
MESSAGE
Attached is a copy of an application to abandon a road right-of-way located betwe~n
High Ridge Road and 1-95 more particularly described as follows: ~art of Miner Road a~
dedicated by the Plat of Cedar Ridge, a P.U.D. & HIgh Ridge Commerce Park, a P.I.D.
'flu:: CL}l}llic4tiou "'4,s ,sdbDlitted by J. Richard Uarria, Exq. as agent far Cender Ia"..e3tmeat3
ot Palm Beach County, Inc. Please review and advise of your recommendations for approva
or disapproval in accordance with Land Development Regulations, Articl~ III Section 4a (
of tb.. ,..".~'"
'01".. ~-",,,,,,,,,,",r1 rn this office with a copy to the Planning Dept by Aug. 30
DATE Po I') 11 q r; $IGNED ' "
REPlY
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RECIPIENT: RETAIN WHITE COPY, RETURN PINK COPY. PLEASE TURN OVER FOR USE WITH WINDOW ENVELOPE.
44-902 · Tr~;icate
44-904 . Quadruplicat<
.
FPL
Florida Power & Light Company, P. O. Box 2409, Oelray Beach, Fl 33447-2409 .
September 1, 1995
Tambri J. Heyden
Planning and Zoning Director
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425-0310
Re: Forest Ct (#95-004) & Miner Rd (#95-005) Right of Way Abandonment
Dear Mr. Heyden:
FPL has no objection to the abandonment of the Forest Court right-of-way of as
described in your letter dated August 9, 1995
FPL has no objection to the abandonment of the Miner Road right-of-way of as described
in your letter dated August 14, 4995, provided that a utility easement is provided on the
east 160 feet of the road right of way. (See the area highlighted in yellow on the enclosed
drawing.)
If you require any additional information, please call me at (407) 265-3104.
Sincerely Yours,
~~~ssi~.
Major Account Manager
[ill rn ~~;j ~ ~ ~
PlANt~!NG ;'.ND j .
ZONiNG DEPT. .1.' .
an FPL Group company
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August 28, 1995
BELL SOUTH
TELECOMMUNICAnONS@.
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PL^NNING ;
ZONING iF i .~_
Ms. Tambri J. Heyden
Planning and Zoning Director
City of Boynton Beach
P.O. Box 310
Boynton Beach, Fla. 33425-0310
Re: Miner Road - ABAN #95-005
Right-of-Way Abandonment
Dear Ms. Heyden
BellSouth Telecommunications has no objection to the above referenced
abandonment.
If you have any further questions, please contact Mr. Chuck Lonsdale at 407-582-
3590.
Yours truly,
(Jau.& )1)",iY-n ~
Carole D. McKenzie
Specialist
~.y---. ,--- ,I' 1::..
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PUBLIC UTILITIES COMP
Wl~~~~-~ ~~
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PzLANNlt7GAI'/D -~
ONING DEPT. ~
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P. o. Box 3395
West Palm Beach,
FL 33402-3395
August 21, 1995
Ms. Tambri J. Heyden
Planning and Zoning Director
City of Boynton Beach
100 E. Boynton Beach Blvd.
P.o. Box 310
Boynton Beach, FL 33425-0310
RE: Miner Road - ABAN #95-005
Right-of-Way Abandonment
Dear Ms. Heyden:
Please be advised that Florida Public Utilities Company has no
objection to the abandonment of the existing 50' easement described
in your letter.
At the present time, we have no underground gas distribution
facilities located within the limits of the proposed abandonment.
Sincere~/
d#!:.~
~p.
id E. pellioo
Division Engineer
cc: Mr. M. L. Schneidermann
\.
Comcasl Cablevision
01 Wesl Palm Beach, Inc
1401 Norlhpolnl Parkway
West Palm Beach. Flonda 33407
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PLANNING AND 7\\",
ZONING DEPT. ~r "
August 19, 1995
Tambri 1. Heyden
Planning and Zoning Director
The City of Boynton Beach
100 E. Boynton Beach Blvd
P.O. Box 310
Boynton Beach, Florida 33425-0310
REF: Miner Road - ABAN #95-005
Right of Way Abandonment
Dear Tambri,
Corneast Cablevision has no objections in the right of way abandonment for the above
referenced road.
If you have any further questions, please contact be at (407) 478-5866 ext. 519.
Thankyou, O~
Dominique Aumais
Construction Coordinator
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AGENDA DOCUMENTS
C I T Y 0
PLANNING
F BOY N TON
& DEVELOPMENT BOARD
AGE N D A
B E A C H
MEETING
DATE:
Tuesday, September 12, 1995
TIME:
7:00 P.M.
PLACE:
Commission Chambers
100 E. Boynton Beach Boulevard
Boynton Beach, Flor1da
1. Pledge of Alleg1ance.
2. Introduction of Mayor, Commiss1oners and Board Members.
3. Agenda Approval.
4. Approval of M1nutes.
5. Communications and Announcements.
A. Report from the Plann1ng and Zoning Department
1) F1nal disposition of last month's agenda items.
6. Old Business:
None
7. New Bus1ness:
A. PUBLIC HEARING
AR~NDONMENT
1. PROJECT NAME: Miner Road
AGENT:
Richard Harris for Condor Investments of Palm
Beach County
OWNER:
City of Boynton Beach
LOCATION:
Miner Road between H1gh Ridge Road and 1-95
DESCRIPTION:
Request for abandonment of a 54 foot wide
portion of the Miner Road right-of-way east of
High Rl.dge Road.
2. PROJECT NAME: Forest Court
AGENT:
Richard Harris for Condor Investments of Palm
Beach County
OWNER:
City of Boynton Beach
LOCATION:
Forest Court
DESCRIPTION:
Request for abandonment of the Forest Court
r1ght-of-way.
Page 2
Planning & Development Board Meeting
Agenda for September 12, 1995
3. PROJECT NAME: N.W. 12th Avenue (Lincoln Avenue)
AGENT:
Agustin Hernandez
OWNER:
City of Boynton Beach
LOCATION:
N.W. 12th Avenue, west of Seacrest Boulevard
DESCRIPTION:
Request for abandonment of a portlon of N.W.
12th Avenue, west of Seacrest Boulevard.
4. PROJECT NAME: Washington Avenue
AGENT:
Agustin Hernandez
OWNER:
City of Boynton Beach
LOCATION:
Washington Avenue, west of Seacrest Boulevard
DESCRIPTION:
Request for abandonment of an unimproved
right-of-way between N.W. 12th Avenue and N.W.
13th Avenue, west of Seacrest Boulevard.
5. PROJECT NAME: Cherry Hills plat, lots 508 - 517
AGENT:
Agustin Hernandez
OWNER:
Palm Beach County School Board
LOCATION:
Cherry Hills Subdivision, lots 508 - 51}
DESCRIPTION:
Request for abandonment of a six feet wide
utility easement.
B. SUBDIVISION
M:ister Plan
1.
PROJECT:
Grove Plaza
AGENT:
Chester W. DeSanti/Julian Bryan
OWNER:
Dr. Walter H. Janke and Ms. Alice Fay
LOCATION:
Southeast corner of Hypoluxo Road and Lawrence
Road
DESCRIPTION:
Request for master plan approval to subdivide
a commercially zoned parcel into six lots for
future development.
Master Plan Modification
2 .
PROJECT:
Nautica Sound f.k.a. Knollwood Groves (PUD)
AGENT:
Kilday and Associates
OWNER:
Meadows Grove, Inc. and
R. Bradford Arnold, Trustee
LOCATION:
East side of Lawrence Road, approximately 1,300
feet south of Hypoluxo Road
Page 3
Planning & Development Board Meeting
Agenda for September 12, 1995
DESCRIPTION:
C. APPEALS
Landscape Appeal
Request to amend the previously approved PUD
master to modify access points, change the
type of units and lot size from 150 slngle-
family detached units on 6,000 square foot
lots and 389 multl-family units to 261 zero
lot line units on 5,000 square foot lots and
157-"Z" lot line units on 4,500 square foot
lots, and reduce setbacks (front - 20 feet to
15 feet, side - 15 feet to 10 feet and rear -
15 to 10 feet on lots that do not back to one
another) .
1. PROJECT NAME: Grove Plaza
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Chester W. DeSanti/Jullan Bryan
Dr. Walter H. Janke and Ms. Alice Fay
Southeast corner of Hypoluxo Road and Lawrence
Road
Request for a landscape code appeal to oml t
the 2 1/2 foot wide landscape strlps between
the interior lot lines of the subdivislon.
Community DeS1Qn plan Appeal
AGENT:
2. PROJECT NAME: Boynton Festive Center
Jill Jarkesy
OWNER:
LOCATION:
DESCRIPTION:
D. USE APPROVAL
1.
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
Douglas McMillen
Northwest corner of Congress Avenue and old
Boynton Road
Request for a community design plan appeal to
change the colors, materials and architectural
features of a previously approved outparcel to
be used for a Hops Grill and Bar Restaurant.
Packaging Concepts
Jeff Lis
4925 Park Ridge Boulevard
Request to amend the list of permitted uses
for the Quantum Park PID to allow research and
development and the manufacture of non-aerosol
spray d1spensing systems on industrially
designated lots.
Page 4
Planning & Development Board Meeting
Agenda for September 12, 1995
E. SITE PLANS
New Site Plan
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
2 .
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Packaging Concepts
Jeff Lis
The Catalfumo Companies
P.J.M. and Associates LC
4925 Park Ridge Road
Request for site plan approval to cons~ruct a
24,158 square foot manufactur1ng build1ng on a
portion of lots 47 A and 47B (total of 1.48
acres), designated as industrial, w1thln the
Quantum Park PID.
Boynton Estates fka C1trus Park
Ramiro Rencurrell
Next Boynton Homes Ltd.
8350 Lawrence Road
Request for site plan approval to construct
project entrance structure, signs and common
area landscap1ng.
Maior Site Plan Modification
3.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
F. TIME EXTENSIONS
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Main Street Car Wash
Jim Zengage
Mary Fisher
,
201 East Boynton Beach Boulevard
Request to amend the approved site plan to
expand the car wash to include a canopy for
automobile polishing and vacuuming, additional
parking and a vehicle stacking area on a .2~
acre parcel north of the existlng car wash.
Palm Walk ajkja Boynton Belvedere
Hark Fassey
Trio Associates Limited
North side of S.W. 19th Avenue, approximately
351 feet east of Congress Avenue.
Request for a one year time extension for
conditional use approval and concurrency
certification for construction of a 48 bed
adult congregate living facJ.IJ.ty (ACLFJ for
Alzheimer'sjdementia patients.
Page 5
Technical Review Committee
l'4eeting Agenda
September 12, 1995
9. Comments by members
10. Adjournment
NOTICE
P..NY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT
BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A
RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDING IS MADE I WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 236.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE
NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO
PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY
CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (401) 375-6013 AT
LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLE ACCOMMODATE YOUR REQUEST.
xc: Central Flle
8:H~P&Dr.l.t~.912
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1;
MINUTES
CITY COMMIS~N MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 2, 1995
V. BIDS
None.
VI. PUBLIC HEARING
A.
Project Name:
Agent:
Miner Road.......... .... ...... ... ...... ... ..... . ..... . TABLED
Richard Harris for Condor Investments of Palm Beach
County
City of Boynton Beach
Miner Road between High Ridge Road and 1-95
Request for abandonment of a 54 foot wide portion of the
Miner Road right-of-way east of High Ridge Road
Owner:
Location:
Description:
This item was left on the table.
VII. PUBLIC AUDIENCE
Individual speakers were limited to three minute presentations.
Harry Stein, 760 E. Ocean Avenue, stated that he is appearing before the Commission this
evening on behalf of his condominum. He continued the discussion he commenced at the
September 19, 1995 City Commission meetmg. He stated that according to the democratic
process, the people have the right to proper notice and the right to ~ heard. According to the
City calendar, a Community Redevelopment Advisory Board meeting was scheduled for 7:00
p.m. on September 11, 1995; however, when he arrived at the meeting at 6:45 p.m., Ann
Ford, the Downtown District Coordinator, advised him that the meeting had already
adjourned. He said he wanted an opportunity to question Ann Ford regarding her
qualifications for the position she held. Since Mr. Stein's time limitation expired, he said he
will continue this discussion at the next City Commission meeting.
No one else in the audience wished to speak. Therefore, Mayor Taylor declared the Public
Audience portion of the agenda closed.
10
~
....,
'-'
MINUTES
CITY COMMISSlQN MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 2, 1995
Fire Department are doing an excellent job. He advised that the Fire Department intends to
hold many activities during Fire Prevention Week.
Mayor Taylor expressed pride in our firefighters.
b. City Government Week - October 15 - 21, 1995
Mayor Taylor read a proclamation declaring Otober 15 through 21, 1995 as City Government
Week.
Mayor Pro Tern Matson stated that as part of City Government Week last year, she had
initiated the Lottie Pierce Citizenship Award. It is that time of year again. Therefore, at the
next City Commission meeting on October 17, the winner of the Lottie Pierce Citizenship
A ward for this year will be announced.
'-w
She asked if the City Manager's Office received the packets regarding City Government Week
from the Florida League yet. City Manager Parker advised that she had not seen them.
Mayor Pro Tern Matson asked that she be notified when they arrive. She advised that they
contain a sample press release, etc., regarding the activities that are planned for that week.
<;.. National Red Ribbon Week - October 23 - 31, 1995
Mayor Taylor read a proclamation declaring October 23 through 31, 1995 as National Red
Ribbon Week and encouraged every citizen to wear a red ribbon, and all businesses, media,
and public and private institutions display red ribbons to symbolize our commitment to
establishing a healthy and safe community for our citizens, especially our children, and to
participate in events throughout the week that support positive lifestyle.
d. American Education Week - November 12 - 18, 1995
Mayor Taylor read a proclamation declaring November 12 through 18, 1995 as American
Education Week.
e. National Epilepsy Awareness Month - November, 1995
Mayor Taylor read a proclamation declaring the month of November as National Epilepsy
A wareness Month.
9
'-"
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
1--
SEPTEMBER 19, 1995
1.
Project Name:
Agent:
Miner Road
Richard Harris for Condor Investments of Palm
Beach County
City of Boynton Beach
Miner Road between High Ridge Road and 1-95
ABANDONMENT: Request for abandonment of a
54 foot wide portion of the Miner Road right-of-way
east of High Ridge Road
Owner:
Location:
Description:
Richard Harris advised that there are a number of problems with this abandonment. He requested
direction from the City. The applicant has requested abandonment of a 54' wide portion of the Miner
Road right-of-way which is platted by Cedar Ridge and Congress Park. This is the north portion of the
Miner Road right-of-way between High Ridge Road and the railroad tracks. There is, by virtue of a
deed to the City in 1976, an additional 25' of right-of-way which runs from High Ridge Road about
340' east adjacent to this. At that point, there is 79' of right-of-way. To the east of that, there is a
stretch of property about 560' in length where an additional 54' was dedicated by the plat of Boynton
Beach Distribution Center. At that point, there is 108' of right-of-way. Staff recommended that the
applicant seek abandonment of the 25' as well as the additional 54' dedicated by the Boynton Beach
Distribution Center plat. There are a number of other issues. However, the applicant needs to file or
amend his petition so that the entire case is heard at one time.
There are other issues concerning certain parcels being landlocked by the abandonment of Miner Road.
Mr. Harris explained that there are existing easements. Three parcels were specifically mentioned by
staff. They are: 1) a parcel owned by the Rollysons; 2) a parcel owned by Florentine Marble; and 3)
a parcel owned by Florida Department of Transportation. With regard to the Rollyson and Florentine
Marble parcels, there are existing easements which supply access to those parcels to Industrial Way.
The Florida Department of Transportation parcel is more difficult. In his opinion, this parcel is included
in the 1-95 right-of-way, and does not abut the Miner Road right-of-way.
An issue was raised with respect to a possible flyover at some point in the future in order to allow the
Fire Department a quicker response time to the section east of 1-95. Staff recommended that the
applicant inquire whether or not FOOT and CSX would permit a flyover. Mr. Harris feels this is
unnecessary and has become aware of estimates of as much as $25 million to build a flyover at that
location. In addition, this location is highly impractical since it is only .45 miles from the Gateway
Boulevard flyover and additional right-of-way would have to be condemned for it. There is no right-of-
way available on the west side of 1-95. Also, the flyover would have to be elevated beginning at High
Ridge Road and that would cause problems for the landowners abutting it.
Ms. Heyden recommended tabling this abandonment until the other applications, which must be
submitted, have time to catch up with this application. With regard to the land locking of the parcels,
verification would have to be provided for staff to review. This tabling will allow verification of
whether or not the flyover is permittable by DOT and CSX.
Mayor Taylor is not certain a flyover is realistic due to cost and proximity to the flyover at Gateway
Boulevard. He requested clarification regarding the landlocked parcels.
11
~----_._'---~-_._-----~,---_...~.~---_..-
MINUTES .,
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
'WI
SEPTEMBER 19, 1995
Mr. Harris has searched the public records to find the easements. He will be happy to document that
search.
Motion
Commissioner Jaskiewicz moved to table this item until we get the necessary documentation. Vice
Mayor Bradley seconded the motion which carried unanimously.
2.
Project Name:
Agent:
Forest Court
Richard Harris for Condor Investments of Palm
Beach County
City of Boynton Beach
Forest Court
ABANDONMENT: Request for the abandonment of
the Forest Court right-of-way
Owner:
Location:
Description:
Mr. Harris advised that the abandonment was one of the conditions imposed on Lake Worth Christian
School by the City Commission. This is the portion of the plat of Cedar Ridge that establishes Forest
Court on properties the school is acquiring. A question has been raised relative to the ownership of
the road. Mr. Harris has examined the title to the property and can provide the status of it.
Ms. Heyden does not feel there is a question about ownership. However, when the Engineering
Department reviewed the plat, the language was not clear. This issue was referred to the City
Attorney's office for an opinion. He concluded that in order to be absolutely clear, a title opinion
should be obtained. This was discussed with Mr. Harris, and he agreed to 'provide that opinion on
Forest Court.
Mr. Harris advised that the dedication on the plat is to the City of Boynton Beach. The roadway is
marked as Tract S-4. Ms. Heyden agreed with Mr. Harris' remarks.
Attorney Cherof stated that if Mr. Harris will supplement his request with his opinion of title with
respect to the fact that it is the City's property to abandon, the requirement will be satisfied. Mr. Harris
agreed to provide that opinion in the form of a letter.
Motion
Mayor Pro Tern Matson moved to approve the abandonment of Forest Court right-of-way subject to an
opinion in writing from Mr. Harris of clear title and subject to staff comments. Vice Mayor Bradley
seconded the motion which carried unanimously.
VII. PUBLIC AUDIENCE:
Lee Wis.che, 13_02SW laStreet, requested clarification on the status of Taco Bell.
Mayor Taylor advised that the developer indicated that Taco Bell has withdrawn from the project.
12
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
SEPTEMBER 12, 1995
McDonald's appeal of the Community Design Plan was withdrawn by the applicant at the
meeting.
The LoDolce Warehouse site plan was approved subject to staff comments.
Ms. Heyden updated the Board on a couple of other items that have gone before the Planning
and Development Board over the past two months. She advised that when the Knuth Road
time extension first went to the City Commission, the City Commission agreed to delete the
service station from the master plan. The applicant requested reconsideration of that action by
the City Commission. The City Commission reconsidered it and approved the service station.
The City Commission also approved a zoning code change to allow the wholesale of fish in the
M-l zoning district. They also approved changes to the zoning code to add mini warehouses
as a conditional use in the C4 zoning district. One of the significant changes was the
requirement of a lot of landscaping around the perimeter, which is much greater than the
required landscaping. Ms. Heyden advised that the members of the Planning and
Development Board will be receiving that supplement to the Land Development Regulations.
6.
OLD BUSINESS
,
None.
7. NEW BUSINESS
A. PubUc Hearing
Abandonment
(1)
Project Name:
Agent:
Miner Road
Richard Harris for Condor Investments of Palm
Beach County
City of Boynton Beach
Miner Road between High Ridge Road and 1-95
Request for abandonment of a 54 foot wide portion
of the Miner Road right-of-way east of High Ridge
Road
Owner:
Location:
Description:
3
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
SEPTEMBER 12, 1995
Ms. Heyden reviewed Planning and Zoning Department Memorandum 95-381. One of the
handouts distributed to the Board earlier in the meeting was from the Fire Department and
regarded this request. Ms. Heyden advised that the Fire Department feels it is premature to
abandon this right-of-way. With future needs for fire stations, they feel it would be necessary
to have the fly-over across 1-95. Ms. Heyden did not know if this is practical. She stated that
it is possible that FOOT or the railroad may not permit that. She said the Fire Department
feels it may be cost-effective to have the crossover rather than to relocate or add a fire station
in the future. She advised that we would need verification from the railroad and DOT that the
fly-over is permitted. FPL has no objection to this abandonment, provided an easement is
dedicated. The Palm Beach County Traffic Division has no objections to this abandonment,
provided that it would not land lock any properties. Based on the issues of potential landlocked
parcels and exclusion from this request of the 54 feet just north of Waste Management, staff
recommends denial of this request. A new application should be submitted to include these
other components.
Vice Chairman Golden asked how there could be a fly-over if it is not on the thoroughfare
plan. He said a future tly-over would appear to be in conflict with the City's thoroughfare
plan because he believed the crossover was removed. Ms. Heyden advised that it was
removed because the Board of C'ounty Commissioners was not going to be funding that in the
near future. The Fire Department believes that we need to look out for our future interests.
Inspector Bill Cavanaugh of the Fire Department advised that the Fire Department only
recently heard about this request for abandonment. He stated that the Fire Department has
already prohibited an abandonment when Solid Waste went in several years ago. He advised
that the new Fire Chief has not had a chance to do his master planning for stations. Station 3
handles the far northeast third of the town and the far northwest. When Station 3 was first
planned, Miner Road was supposed to be the artery. Miner Road is going to be a good
corridor to go from Federal Highway to Military Trail. If we do not have a Miner Road tly-
over, we are going to have to locate about two fire stations. Two fife stations only cost about
$4,000,000. However. each fire station needs 30 men. If you add 60 men to your personnel,
you are addln, a bi, chunk of change. Right now we are working with the very bare
minimum. We cannot have any gates in the way. We cannot have any roads that we cannot
get through. With traffic rising like it is. Quantum Boulevard is going to be choked up in a
couple of years. You are going to see recommendations made to make connections out of
Quantum Park to other roads to get traffic spread out a little more so that we can still have
some access. We are cutting accesses right and left and one of these days somebody is going
to be very upset because we did not get there in time. He suggested letting them use the right-
4
MINER BOAD AB/~~QON~ENT
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L~ATION MAr-
TRACKur LOG - SI'l'E PLAN Rt:VIEW sur "ITTAL
PROJEC'f 'l'ITLE:
DESCRIP'l'ION:
'l'YPE: ABAN
DA'l'E REC I D:
CEDAR RIDGE & HIGH RIDGE
Aban. Minor Road
NEW SITE PLAN
AMOUNT:
COMMERCE PARK
FILE NO.: ABAN 95-005
MAJOR SITE PLAN MODIFICATION
RECEIPT NO. :
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
TWELVE (12) SETS SUBMITTED:
COLORED ELEVATIONS RECID:
(Plans shall be pre-assembled. The Planning & Zoning Dept. will number each
sheet of their set. The Planning Dept. set will be used to check the
remaining sets to ensure the number and type of sheets match.)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
APPLICATION & SUBMITTAL:
DATE:
ACCEPTED
DENIED
DATE:
DATE OF LET/fER TO APPLICANT IDENTIFYING SUBMISSION DEFICIENCIES:
2nd SUBMI'r'l'AL
ACCEPTED
DATE:
DENIED
DA'I'E:
DATE OF SUBMITTAL ACCEPTANCE LETTER:
REVIEWERIS NAME:
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
(Label TRC Departments on each set of plans)
DATE AND MEMO NUMBER OF MEMO SENT TO TRC TO PERFORM INITIAL REVIEW.
DATE SEN'f:
RETURN DATE:
MEMO NUMBER:
1st REVIEW COMMENTS RECEIVED
DATE OF LETTER SENT TO APPLICANT IDENTIFYING TRC REVIEW COMMENTS:
(Aesthetic Review App., dates of board mtgs. & checklist sent out wi comments
NINETY DAY CALENDAR DATE WHEN APPLICATION BECOMES NULL AND VOID:
DATE 12 COMPLETE SETS OF AMENDED PLANS SUBMITTED FOR 2nd REVIEW:
(Must be assembled. Reviewer shall accept amended plans & support documents):
.
COLORED ELEVATIONS REC I D:
MEMO SENT TO TRC TO PERFORM 2nd REVIEW.
DATE SENT: MEMO #:
RETURN DATE:
"
~ ,
.
PLANS MEMO # I DATE IIIR/DII PLANS
Util. I I Planning
P.W. I I Buildinq
Parks I I Enqineer
Fire I I Engineer
Police I I Forster
2nd REVIEW RECOMMENDATION/DENIAL ~
MEMO # I DATE IIIR/DII
/ /
/ /
/-_1-
1__/_-
/ /_--
LETTER TO APPLICANT REGARDING TRC APPROVAL/DENIAL AND LAND DEVELOPMENT SIGNS
PLACED AT THE PROPERTY DATE SENT/SIGNS INSTALLED:
SCHEDULE OF BOARD MEETINGS: PAD
CC/CRA
DATE APPROVAL LETTER SENT:
A: 'fRACKING. SP
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MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
SEPTEMBER 12, 1995
of-way temporarily through a lease until the Fire Department has a chance to review this
matter further,
Chairman DuM pointed out that Ms, Heyden had recommended denial of this abandonment
even before she received the comments from the Fire Department.
Mr. Harris said he has not had a chance to consider most of the problems, especially the
comment from the Fire Department, which he only learned about at this meeting. If there is a
concern that the balance of the High Ridge Road right-of-way be abandoned, he felt that could
be easily resolved. He said the portion of the right-of-way that is mentioned in staffs
recommendations is dedicated on the property owned by Waste Management. They are
willing to file whatever they need to in the way of a petition for abandonment with respect to
their rights-of-way. He said Ms, Heyden mentioned a 25 foot easement. He was not sure
where that is located, There are concerns with the property being landlocked. From his
understanding, no one back there as far as he knows is depending on the Miner Road right-of-
way for access.
, ,
Chairman DuM stated that what~ver this Board does, this request for abandonment will be
heard by the City Commission on September 19, 1995, Therefore, the applicant has one week
in which to try to resolve some of the problems.
No one in the audience wished to speak on this matter. Therefore, Chairman DuM declared
the public hearing closed.
Motion
Vice Chairman Golden moved to recommend denial of the request for abandonment of a 54
foot wide portion of the Miner Road right-of-way east of High Ridge Road, based on staff
comments. Mr. Rosenstock seconded the motion which carried 7-0.
At this time, Cbairman Dube made an announcement. There were many people in the
audience and he aunounced that if they were present to speak on Nautlca Sound, that the City
Commission has already approved that project. He explained that it is only on this agenda
because of the technical nature of what the City Commission has approved. A woman in the
audience asked when that was decided. Chairman Dub6 advised her that the City Commission
made the decision at their meeting on Tuesday, September 5, 1995.
5
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t ,
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
SUl't:MBER 12, 1995
A gentleman in the audience asked if modification of the access pods is going to be discussed
this evening. Chairman Dube advised him that it would not be discussed. He pointed out that
this matter was advertised in the Post. Another gentleman in the audience stated that what was
advertised in the newspaper differs from what is on the agenda this eYening.
Chairman Dube welcomed everyone to stay at the meeting. Mr. Rosenstock advised them that
it is not this Board's responsibility to give out information regarding what the City
Commission is doing. He stated that what was in the newspaper, whether erroneous or
,
correct, is immaterial to this Board. He said this Board acts in an advisory capacity only. He
reiterated that the City Commission has already made a decision and ahat a technicality in the
State law requires it to come back. to this Board. He advised that wbelher or not this Board
approves or disapproves, it does DOt make a difference because the City Commission is the
court of last resort. He also welcomed the people to remain at the meeting.
Chairman Dube declared a recess at 7:40 p.m. The meeting resumed at 7:49 p.m. At this
time, Chairman Dube acknowledged the presence of Mayor Jerry Taylor.
(2)
Project N~:
Agent:
Forest Court
Richard Harris for Condor Investments of Palm
Beach County
City of Boymon Beach
Forest Court
Request for abando~ of the Forest Court
right-of way.
Owner:
Locadon:
Description:
Ms. Heyden reviewed Planning and Zoning Department Memorandum 95-477. Staff
recommended approval of this right-of-way abandomnent, subject to Ibe question of
ownership/acceptance being resolved. dedication of the easement requested by Florida Power
and Light, and completion/revision of the access agreement.
Mr. Rosenstock ulced why this was brought to the Planning and Development Board if there is
a question of tide, Ms, Heyden said there wu not a question of title until recently. In
addition, the property owners have already been notified of tbia reqt*t for abaDdonment, She
recommended that the Board let this application proceed, subject to owuership/acceptance
being resolved.
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