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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~\ ;:j~-,' (~\- (} '~/~ ,'\~, Y ,>~ ~(J: COUNTY os:::; ~. L~l~ I ,4(;,; ~ \ .i',~t. OR\Q~ /[?}\PPROVED AS TO FORM AND \r;;'i . - _.' . ' -.;,:i~.: LEGAL SUFFICIENCY "1,,0* s~_--- ~~~ "",...",.... - 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.. - ~ ,,', ::Q.' :\..'" B~-f. ',()', :~' nt" C\~.o ~ :<<,' '" ~ ~~~ ~2: COUNTY, :!i ~...., ,th .. , ~. ~l. t- ,.c,; '''~', OR \Q ,'~~ 'i 60:.... ,..:i:.': i, ~) .. _..' ~,,>~...- 1',,0 . S ........- \",,"'............ 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 :~: q,~ ....,c .0 ~ :'f{;,' ~ '.;~ "'0' CO 'i:' ~...' UNTY, ,-~ ~..., ,1:1)" ~, 3..~( 0 R\Q t- /~>>PROVED AS TO FORM AND , '?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',." .' ;Q;,'<z, 1--'.~~ By:.., ..L___ - . :<<t:, oS ~ ;:: 0: CO U N T Y, '0; ~ ~dl' /r_: / \ ^ b. ,v, y I -, "l \),..... " " -J." . 0 R , , . 0 .: 'I o'~" . ":..,,.:...;- " .:::/..,; -..' ......^" ,'. "1, ',J It :~ -'_0, Il:, ~ "..., ,-,,",'" ....... 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' \ I Telephone nu.mber In taSe of tta:osm1",..sion error: 1 (407) 624-3900 i 'DIIi:~'" ..-~ D BIlI---W. m --- PJnVJ:DIIIIIID.am aaR',,--,~T.. rr u ~ ~ lIICa .. ua ClI1 .. :&:IID.tV1I:IIa QR Jl8J!!l"""" JIIIIlN.ll. U 'DIIi: JIDDKII ap mIll IIIlSMGB D ~ mEt . _r_..".. ~. la:J MIll: ~ ~ !IBI!r MI' ~. nh,ro.. .....um CIl lXII!Y OF '.!IIl:S CXBII1E~ D ......'r~.... ~~. ID' "'D1IJ ~ ................. ~ .~-_..,..~ .l::JI ~, ~ .-:a:J:Pr 113 ~~ ::ar ~ ~ alIIJ/--' _ ~.. ~ !I!D ]18 A!I! _ ~ ~ VDIo. 'I!IIIIl U_~L JIICIilI!iaL !IIZIlV,J:1!2_ - 1U:IiL lIIDIIIUISB 100 ~. mag YCU.. ." )Jef'J/Y / j):& L Irl,f ~} c J0P )w:~:--- :~;R- I~ ~ 1 ~~ ,fY'. ,.~ ~ /IJ ',:oY, hvA /, / fJ:rJ) ~F _ VV U .- O~'!~ ~ -'I -.-/ .----\1;' l~tVVV 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 J~I-~ @ n \1l ~ mil Hill NfN 2.. ~I I l I 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. t'Jt -<<. J ~ r.,; ~l\ r '9~ !V V ~.J ~cf -;:7 I\)\l, v' \'{ .j,'tI >6\ o ~ r:-"ftJ lJ 'G' ~'(;~. ~ R Q~ 1\ \'" JIt ~+ ,\ \t1' ,\>" ~. 'tv f.6.~ II 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) ; ..,~t'.: , . ". '.. t ~. .'. .' ~.'" ~ . "'~~~~:'!;' . ,~ .~::../t.:;. I .,.\~l \;::,~:,i,;,i~;'I;r'~~ ,'7.1,. " ; ,.. r :;'\:'. .'. <~~;0Y I~) . ,,....::. ."..... ." I ':' 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~ ~G:)\ ,r:. ~ ,:r;,; \.t.. [OFl.\O .,::...0{ ',Qo:.-, . "....- '. "'} - _u' '-.J..?_- '.".:J . ~ .:...;;._.... ,..,..,........ o-~1I'PDATA~N(_D!I;(tlll!:W!Nl"M'aVNQCnIllD ..-- --- ~'" /""". /' , 'e 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 LO~Al\ON MAP- M\NER ROAD A6f~~P_O~~~1 \ P ..r , ,-lrl'="'I"-C J ~ I?' -7J G:" O:+~~i~~rT \ .."'" __ \ r 7 /\ - t,' ~u,. . \ It.... ~Ul: '!___ '\..--_ __; 1 ___ () i' '= >= /' . \~,: ~J \ ... _.-.... .~ " LJ \ \ r- ~-- ' I FOIII: --:: 1\ TlI . 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'I 'l,-~~ 'z ( . q, 'r.' _f 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) .. . . t ~ ~ 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. r -,- ~ 1 , . l _.~ r J t ......./ . ~. ,. ~ . . c . u . - 0; ..I .. I) ,. ~ t. .., cc" ..~ a !! c( ~-ii:ai ~ :iW 3 ~ . ... -c Go ... .~ ~!-'~>=' ::a "" . - t- .... ~a~Z :J c( Z' g 6 · Q. =J!!&D U 1. xu'" % ~-cj u :( LaJ i t!: ~ i3 U I&. en CD .,oz . ....:1 LI ~ !:~~.... ft LaJ %..J -c cc ., en Go" Q" ~ Z... . ::1 ..r:: ~ a: ~ :c - :I g-ci ~ .... -en 0 .... "'0 en_2- Z%III CD a: U fii2 ~ ~ 1II~3 t- "'" rn B Z :l t&J z~z ~ ..C!) ;z:Jm. ... c Z 2 II. II. I&. I Ctl J iij~Ooo ':Ii - IDo.... J I 0: a. ~ ~ t; ~:_--- I: -c -III --~ t u % ~:! rn "':'_-_-. ____1 :I: C!) - :I: -~'L --. z. It J . ~- , ' ai," o c. o · .! i ~ . .. . .. J I , , , I r:t ;I .1 I. '" , ,. VRld t ~~ t1A41U> pea. AS""~l+-J-..rt~'ow~ , A -2,~ -'15" '&:J (} PJ. ( _ I. ...,.. tn'(,,' :tLV.l.;/<.~,".r,/'1~ 'tlY.1gt.A!.ll'fl aYOal""" INI1 t I , I I I , .. I ..1.._______....:......___ .------ I ---I ;l1-~."'''''.- ---- -, ...... AI"". ,_ , : J .... . ~ , .. .... u ..tI ." .... o .. ..I 0" .... ..n 1.1 .... ID .. --. .""-..'-.....---- - --- .':' -- ,- , i .-'- ..n ..' .... .. ,"'''' '.11 ,.' .... a"YOI"" .. ....- .... ... .... !! ., .... ..11 t.' ..-. ~ ....,.. ~ .... .., .... U . '0 .. .... ..J ..11 I.' .... ID .... ." .... . .tI ,., .N'. . ..... '.fI ,e. ..... .. 0" .... ..11 ,.' .". J (. ,.., '- _V\ '~ i , ~ ~ ~ , ... ~ :~j :U '. . ,~ . - w 1 m e ~ . '~ ~ V) ~ J. .; j .0 ~ I I- J: t~ \La: = ~ ... ~ aI a >- :c ... c:.I (.t I~ ......... ...... t 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 . - ., . !! ,.., :0 ~ .- t . .. :'. z. .J:t J . ~- I' I I j f. ."", 0'11(1,1 ;ll'fl.ll1/U."."/<:'(" ~.1.'t'19t..t:l.IHI aVOY'I.Y INI' YIV UIVDIV.. .. , -". .....- .... . a; 101 IJ " .. to ....1 I ... ,.__U__~~~;~:,~;:~...;U --u1, ..f';;. l~ . I · lilL L I __ .__......a:u..____.__u.... 0 :€!f- r-T--- ---.;u-~.r-"J.".------, 'I I~ I I 'U". All'...... . · ,U,-! ' ... - I , l' {; , i . lJ . :(1.1.1 .U ...D: !)1IJ :l~ -:& 1:0 a::U :(W J(!) ~o - 0:: '" ceCD t:'~ 2 ~ cr · -O:ai a . ~Ir~~ · ~ ~t.ld >= =>> 0:: ILl:. l- · c:.c3lC Z ::) ~ Z. 0 :J ~ C! 00 . a. o:~CD 0 1. :i u'" :r: t:C!:;I 0 5~a. ~ rn II. ",.. .... aOz m ., ILl lIlII! Go ... a III; _C!O:.J :I: -' -t ct en a." 0. ZILI.J . ~ 0: c( :r: I=! -c a: ~ en!! 0 .... Z:l:a m 22:1 z l:;xz 0 ILl ~.J l- ll) 0 Z l&. u >- ,.. .... .... .., ..... I I ~ .' .. .... .... .-. .,... .... .... a.n .., .,... U ~ i: ( .. 11 1\ 0( ~ oJ Ii, t.. V ., I- ~ () ,. ':1 r t I:; II f.:; r ..~ I:~ I: I ,': I'- f.:: fj I'~ ,. I. I r- . I' 0 I r; . '0 .J CD .. '.M . _II ... .Ief. .. fit IlJ CJ II: "4 III 4 · : ~ I o u ,.' .te' I .11 ,., .f.. ::J: (!) - :t: . ....He .... ,., .w. ... .t 1 I i 1 , -- ....... ..11 ,e, .... ,'. 'tl' ..11 ,.' .'''. ~~&. a N / "'....... ....... ... -7-------.- - --~- ----- . ...... L~::...::.,:,_ .. · . "" ..tI ,"fiI. .w.... -, 1 =-ttTiii ]I:: - ........ "1IIt. ...." ..... c...~ .:,: ...., '/ - .. J.o .... .1:,"-- III .... II........ I l~ " ( (:1 ;I 1 .1. " 1 ,I ...~ " i: i~ I' ': ;, :, f] Ii I , r: o' j: ~ , f ,. .. '- Ii .1 {'~ '. 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 r,', AIUG 30 10"'", '.\ U ,.,,11 t"\ ~ ,t...... ;".; t~ >. " !- 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 'J-~~.'~ A' .\:.... '1 ~ '" f':,:f,,; ~ ~ ~'(<' ~a ~ <1;,,) t7~~<%6'a ~ O/l'<')~1J,,~ ""('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 + v or- \rA~J . J~. ../~ \ \ \Q.,~ e+ )V,f- rY " ~ . ~\y-'( xt. :.; \pO'0 ~ --------------~~----"----~ .(~ 'v'. 1 "', (j I'P\ ',1/" V:..." --::::r- "-""()J'-'~ ....~~: '-f1...A ~ '. cS: I SifJ 0 iltt Yf pJJF' e".. ~. t:.'!~ ""Jl'0 I f~' 0^ of / ~,) \rI -\- ./ ,g rv<-'. ~\.{ v--- ~ ,(/D ~ "12(.- 7} . Lo ~..tO ~.1~~~ 1(;\ ,.~........ / '~~7 / ~'? ',: ~t ~RY~ ~ (,J 0' s y/ ~ ~J ,~ k~~ ()d, ~ V-- ~}1 r ~~<11 GvV<.;( If' \ .. \\ 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 D All vI ,~z~~;r, ~y ~ "'~;,:.' '/,I; 19 FJ<(.... ro,.<- q 'ttl '7~~4;d'a ~ O,r{f_':~0XfJ' '(i?/;.\' ' -.---.-...-- 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 JJG:frb Encs cc: Roger Kuver Charles Walker, PBCty Engineer " Casey Purvis WMSouth . -"---_."~----_.,._-,-~-----~-- Count)" Commhilliionc:r" OltJui:ct, Ch~irnleln '.1;1rcus, VieL' Chellr tobCrll ~rd lillips 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. ' Ii ~~ I , .. - . o]J~ ~~k . ,g 1 (; /,~ ~vJ), ~"D. b'wJ~ .~ Q. ~j \lr'~r (/ )t;,~, J \J~ l~ 'If . (jJ\' r~, ~v ~ ,jlt1" l HINER ROAD - HIGH RIDGE ROAD TO INTERSTATE 95 ~ r l~~' ~ ~~ PROPOSED ABANDONMENT : u.P ~ \11 ..~~'J' Go 1 den: ' tA;~JY'(~ rY' 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 -" . fLANNING DEPT. . .. "An Equal Opportunity. Afnrmatlve Action Employer" BOX 2429 WEST PALM DEACH. FLORIDA 33402-2429 '(407) 68~-4000 - -~.._,--~-----'-- . ~.......__ H....._..,....--.. . 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 ,,' ~ " crw\golden ., . ~ . . , ; , t ~--,--___..__~::"",~,_,-,--,-"~.~,,::::,~.~~.'.~~~~".'-:-.'..:~..r.'"'.''''' _~~~"'-A.~"."~-'-__ . .~ ~)j;' ~ .....~.k.'.~.':_____~(t.I.b~~:.. ".:, \f~\~\':" 1\' .' i 1 " \ I \\ \ \ \.), I; i. . I ,. .:''.:i,:''~ ~~EG~~~ ~:;;gi~~;:~:~f~ING - /}/} Ikj/a..n~7 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. TJH:dim xc: Central File a:CCAgABAN.Minor tJ ., ~ . '1 J . j 'I ; i " 1 I I J i i I I I f .j I '1 I I .1 ;.j l . j ;.( .~ , ~ ,4 d f--E~~ ffi!! . -----------......--------1- : r-::::-: ~ ~(lJ1!I = . II~I ~'TI"1tgzc OJ I HI m czG'l C; '!OI "0202" I.::z: -< B"It .. lln '! h ~ ~E~ It "!-of I , 0 % ... I 'O::OI) Z EnS e- I' I m ~ % Z c I E:U> I ~ 0 CiiJD ;:1:1' t) !!~a i: . I ~.: :J: ~:DE i i ~:a. ':u G'l~~ fl'. :a>s.r-% 11 . 'I r- :as.- L.,l 1:0"'''' ::. - .,.,. l. - III CJI" ,. ---. 20" CD CII 'II en ~ ;iI~ " :J:~~% -tn. n mCif:a , 00 ~ .... C 0 .2 ~ Z ~ ~~ .. -f. ... -< ~...: ~ .. . . . ,. ;;J~i&~ · P:U-i ) io a CJ. CDS. &aI I -_.--!.. ..... .... ..... "ID', ... ,.' o ......~=-.:;.~7 ...... ~__.__--.-.__.-_.___L_ .,. ...... ........ ~ . .. o . _...- ..' ..-. ........ .... .-' .... ....... i 1 :JJ in :J: -I I O. " I ~. =-< d CD m ~ z o r . .. f .. .... ..- u-. ....... I .... ... U. . .... ..' n o J; f J J; , '" .. :II n ,.. ... . ... J. t , t' ip ;: , J . ; ., II I , \ ~ j I' " CD r- o. . ... ,.' ..-. .... ... I'- .... .. c. () -1 ....... ,.. .. o . n .... I.- .... " ... .." '" ..... ..' ..-. n .... .. I ,.. . , ~ t t .IAIOAIID Alii LINI RAILROAD .M....Y~(;,TA1.1; ....~/(...,l))/~TA1" II.()Ar, N... 't ;g. - . 'J' r !~= N . .... :.. !! : .. 'I -~ -'z I r CS'" : , i i . .. . '1;_ :J - G :J I ., .. " C\ III I'" , . . . . , - . n . t: . ... ....--- .r .. - ~----------~------ ~~-- ------ ~ -----~ - 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. TJH:dim xc: Central File 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 xc: Central File 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 xc: Central File 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. TJH:dim xc: central File 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. TJH:dim xc: Central File 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 a:Mlnrabn.gwl lee {,'I"" , ., \\ " " ,. MINER ROAD AB/~~jQON~~~NT · p it1d l-\lJO_~'~I\-;--' , l?' -"'<]' 11- t3i'4~'f11'''' 1 LU ~ U-" I\~_ I 70'/\ Ir' 'r,1 ~_..JJ.~il':' ; It T1f r 1..__ " \ u~_ i ~ ~ 51 IL J ~ .. _. _ __ ~i ' J \ . \ [:,;;0... ') FO _ 1\ TiI '- ' ( 1 : ~J 40An ~~':B T T ~~LCZ:: II \ ,...:::r;~~J t">. ,j,C:( I I I I' II I "I, t! ./ -'- )>, h'.. .~_\\ -. 1 ~. I l' (;:-w~ ~! :: .' : i I I!r A""tUI l \ ,.' .' I ' \,1 l.1.... \ '.'\. J ..' ,i .' r(l .''; =~. \'-----""':- ~ "~.~,I,) LI . :" " ' .~_ I II. ,M' - · " .. U! :.... 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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.. , .. '- , . 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 , '!' ,': ", " ( r'; ..' < SPEED LEnE 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. --..., (1(1 .I J;t?t? RIUI RJll NO.' . ! RIUI fQll NO. It . WlIsoI.IaneI. 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 i .... - - -- '""" :J ~ ~ - 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 t :I ... SIGNED .. WI........... SENOEJI: DETACH AND RETAIN YEUOW COPY. SEND WHITE AND PINK COPIES. IIECIPIENT: RETAIN WHITE COPY. RETURN PINK COPY. r I L "". . ..., 1 . . . . \J f - . . & 0; f't ... t cc. .. u J . III j:~ !! ~ - . ct -a:ai . j5 . a!I~t:! ,. ." .... ..lI ,_I .... · ~ ~1..a >= I ~ ~ a:: ...: - to- · aM Z I :) ct I. 0 :) · a. ==8 B 1. :i~'" Q i :(lIJ iJ!~~ 1&.., aJ U .,oz . ..... :I &J a: !:=i..J ~ . .!) lLI ~~:J f . . . .. 2 z... · :l .C;i:c ~ ~ - 2 ~"'ii~ ." .... I . .. ... 1: -., 0 1&.1 U .." .- ... r ';' , I." ....... 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AS ""aiL+- J: .rt~l() WOIf.L , A -2,&'/ - '15' 'R,~ ~ fI. flA ( '- 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 ;{~t4Pg~ 7Y1<h'~/ Lr' dd~/~ ..... / .r A / .' f ;' 1/' . , .j. ". /' , r... ;/. t' .1--.", /,-1J 'V I tJ,f (/)'1.-(......; ~,/'i./?,{) . , . ., ...- o- f L.... U !/ U $' (!?J . I . . - /)_. (~. :..71 r; , L_ ) ....... ) t .. f -- '. ./ , I - FOlD FOR NO. . - FOlD FOR NO. fo . II WllsonJones. 4/ /'?/- /,1 7,. (,7.'":> SIGNED '" I / RECIPIENT: RETAIN WHITE COPY, RETURN PINK COPY. PLEASE TURN OVER FOR USE WITH WINDOW ENVELOPE. .-' DATE /. J " ,.~.~ , " /"{----' / ,"',or -.. " ~ 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'-,) 1'IIf :0 i'- .. t . .. . 8 I - .. a: t. " ~ . Z.- ~ J. ~- 'r I I · III! ~ . I " , ,a! ...I I I III cclD ,:~ 2 It ca: ... - a:: ai U . ~II~~ · ~ ~t.a ~ :J 0: ...:. ~ . "OW z ::::J ." Z · 0 ::J ~ C 00 .Q.D:~mU 1. .u", :c ~c~ U :( lIJ 5I~~~ U 1&.0 zlIt m ld . .....- a: a.t-a- tJ _CD: .J !) LaJ ~~3 ~ :\ =e ;=~:C - ~ f:!... ii: ~ 1: 0 en !! 0 IIJ z:l:Clm ..- U OU::Iz .. G- 0 ~13 ~ :(IJJ z1&.8~ J(!) _ozo.. ~c - 0: .. ....... (~.(HI Jl'f'l~llG"."/'i'" '1.L'f'19t.f~.1 HI ........ , , GIIWOIW1I f , a,ol'I'" IHI' III' -.........- ...... . C . u , ." H' 1.11 ." .... - . II I I 1 I .. ..1............:........ ....... ." .... .... ... .... . - 0; .... .. IJ \t ~ to . .. I ~~ .-- ,-- ...... .n..1.,....... - . ..--{ · .- .~.- ~ , I -. .-._._..~....._.--_._--' .. .... ..11 I.' .N'. ~ I I :J: (!) - :J: -~,&.. r:I iI 1 I." , ,I · 'a--- I J. ," N .......- .. '...... Ms. Tambri J. Heyden Planning and Zoning Director City of Boynton Beach P.O. Box 310 Boynton Beach, Fla. 33425-0310 BELL SOUTH TELECOAfAfUNICAnONS@. '~,-:'- ~ ~ rn n ~n 'i.J\~ n~ ",' 0 I, I i I . ,') ,\ I I -- . - 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 ,,1 \ PUBLIC UTILt'TIES COMP Wr~~-l ~,i N' PzLANNltTGA'I"i) -~ ONING DiP;'" ~ """'- 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 ~ @ ~ _ n nry r; in) 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 '~~ ;#' ~ ~.'. ~" 0 <('01';; q... ,.. ...1 ~~~~$o. -4l o/}~~~1?<r& "(.(.~ -r'J' ... 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. , ... ~ 'I ,J ',} /' 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 ~IIG ., g.':'"; L.1. ~.. , ... I ,'oj _', -,; :r........ n 1 P: ~i 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 "~ ~~. ,~ .T.............,,"....... ~'... _.~ ~~ , --,. ,~,."... " "...=.~. , ~. - "".' -~ C'I ~V-r!) .1 -J 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. 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I.' .... n c~ I i m 0 en. ,', II 1 .... ..' t e; h Ii; ; ~ d ~ 1 I "1 I - :c ,..:>>:E .. I i J1111 . "'2 _J ~ L _~~:_~::.:::~:...~___IJ .elL ~ I~~ ; eo ...._________...;-....________-t__, --1 r-__::: aJ ZO ..I:;. '.~ I~ ITI~"'II ~ ~ t ! '-:I~ ~ -0 iI ~ . r .. I · II II :c ~ n. :I f>> I I r .'1;' -. . Ii 0 . . .... ........ ...... I J' 0:1" 0 -f ~ . L..______...........:.....:.___ ---~- .-il: 0 ~ en III ~: .---'-------...7'1...------ --\-1 --1I~: ~ ~ a~ ~ 'I - 1.11 ....), -t .- . , I' '".r -<t:.... I - I~" . . ", CIj f.... ......... ....,. I I ..... ~ i l: .. _, __ - u. ..J. I.~.U: ,_______ __ 'It ,.. en III -----.. ..-....-4":'...---.....-.,... ., III 0 III -i j ... ad t I I~ ~ r ~ ~:! .. .1 C'\ IO,,~ .. , \ l ." I CD - -'0,. ...., ," , I ~ 1'1 ~ '<<t. "It I ..."'~' .It . r" , r \IJ 'to~' · "" I.' II" I , , \. 4' , (\ <<It,N,.",\'o:".-" I I I f . ..::U.::........, '''-1';1;:'''.1 H (. - - - - - -~ ! - !!':'!~!.'':-:~~ ... __ _____./-____ _ _...~..L IN_, ." - ...... ..'- AIR RAILROAD LINI INr"Y~6TA"'L "':'/(l'''l~''/VTAlt:: 14()Af} N... '1 I I ,-,-.- cr .z 'r 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 ' ~ " I , 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., ;., ',: .~':,: "-; : ~ . - ~:.' . . J ' 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 i --.------ '-' - '""" :J - - --~ - 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" . . ] - FOUl fOIl NO. , - FOUl FOR NO. 10 t ~ ~ SIGNED . WI....OIIII. SENDEIl: DETACH AND RETAIN YEUOW COpy, SEND WHITE AND PINK COPIES. IIKIPIINT: RETAIN WHITE COPY, RETURN PINK COPY. r f l ,-- 1 . . - ~. ,". / z. . J. " ~- - . Jii} r- ~ t ) ) a'OIl'I'1I INI' III' all'OI'11 i , :[,. I : .u " I ,.! .. ...,.., t'''cHI .. L"lIJ" C. lilo -0 I 'i," ".L y .l"'''''~.II'f' . . u . f . . 1 '" "" t : cc." I ~~g~ : I I. ,.~ .. c[ ..! ~ IS ~ ~ ..1_._.........~.....-.. .-.---- AI .:: ,.......: I .-.;n.,......... III _ ...... ...- .. · ::a ~ '~a ~ .t;;:-lJ. . I. I e ... "'0 ~ z l~l' I 0 ::) ~ I. g ::J !I - l_ .-.--..-..~....---------~ ... L iL ;s ~ : il~ n--- ---.:;;:':'~ ;-----1 : j ::[ lLIu !~~; ::::--H __1________:-_______..1 ~.' ~ L_______ .; 0: :..:g 2 -1"11'1- ---N- 111-.7-';':"';.:~- ~ U lLI -....... · , · ft iECI C II~ · ; ., lIIlIl! 2 IaI II:, , l&i . · :l .. .a:~:c e't&.C ~ _ ~ J!..;: u \ , :r:: ....~ 1: 0" en!! 0 : II, ~ I U '.11 ," ,.... !:I:~ m I. .1 ... 0 _g2 Z 'O'r. III .. I:iz30 )It-ie, ~ ~, ~ ~ !, 'I '" laJ z ~ B >- I ;1;;' . ... _ 20. Ui' aJg II~~~ !t-!! J_ filo~o. J I 0: : ~ ~ 8 ~~-.3-. U:c :c fit -.. (!) - :c e a. III ." .... ..11 ..t ..... ... - . f I c , ...- ~ e." .., .... U o . - '0 .J CD . - r ) :s w CD ~ >.: .1 3 I LL- .0 ~ ~ {~ . " .J ....~ '." .1IIt _. .. .... .11 ..t _. . I~ . . . . .. CD ... w u . '. .... 4 . l . o u .. 'P" . .It ... .... III 1 1 . - 1 ...- . ..' .,.. '.11 ,.' _. ..11 ... .w. .. ~ Cll Cl :to. ~ '" 4lIt (.t .~ -:,.. __a ) _J.::'_~~.:'.!~;_~:!!.. ___ I , .".. -tll' ... } ----~-.,......---- . - U iI L t. '" , " J " N .-... ...... ~ . ... ~ ~ ~ JA It:t t ~ ~ /"'M11uD pea. AS ""lU.l+- J- .rt,-Io woc.k- , e -'2..t/ - '15' Rr. ~ ('u1A ( '- 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 j(~~p~~ -:t'~1/hIU~/' ~- dd~/~ -'"' I 7 / , I) 1/' ". -"-. ". /,', r.. ;.. .' .i-"'L~.--U ?l 1 ,f )07'7.L.'i;:r /'1/e,{J . , .-..,. - . G (., (; v U ....rf- ")-"C' :.7 !) I /7.'/~"" . I ' <.._ "1 *.-. I l- .. . ~.., - I -- '. ./ 'T I - FOLO FOR NO. S DATE a / -J /'?/" / / .I,' (7.:> SIGNED -.: /' - FOLO FOR NO, 10 /,. ./ ,; ';--,; , .- /'1..,' / -.' _.. .,.... .f .__,' ~ . WllsonJanes. f ' I 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 . Q .. . !! ~ :Q ~ .- t ----!.."~ !" ) } aYOII,IYII INI' lilY aIlYOIV.. f , 'r ~ , . :d~ I. I ,a! ... .. ,'j, Z - ~ J. . -..........,...- ,. to .ft,.. 0"(1l1 .. L"".l~ ll,.".r, I ~'" "I.L 1" l~t..f'.1 HI -........- ...... . . u , .... . . · .J ~ ! D. _= Ii . : ~~ e It ~ I I .. a ct. ~ B Ia.- -,...l!i E' .J=:=::=:;:;.':'=-~~::~---::::l III C ..... ....... ,- · -: ~ ~:--...i ~ ........1! '. · ... 0: N t- --(: ",.a. r! · . ~~ w Z I' I :J c:( Z. g a ~Il.. t_ -- ______...a:t'..._________.... . D. := I!! CD u :f.r: r-ru -u:~~-~~:.::::.;------l 1. ~~ ti uX ~II: 1 ; :( lLJ sl!: ~ ~ ~ i'l I U - ~;r m ---...f.. JD: ;tii~ .----'I.l.~J r !) lLJ ;E= ~ ro IIIIII:! ZId. lw ~ :l.... =- 1I:;i :c : · lI.C I - :& f:!Cii: ~ 11~,3 I t: 0 en ell 0 I.LI z;~m I Ii l: U fii:l ~ ~i~; ~ II ~ m=-3~ 'll'.' "" l1J z I!i 8 >- I ;1;:. .... _ zo. Ui LJ (!) ~ ~::J m ... .-! J C rn~~~O J .... lDot- . 0: ~~ ~ w =~--3u : U:r: l :c III 7..:_____1 (!) .... :c ....H. '.11 ... .... . ~ ... I I ~ .. .... ." ... .... ... . ~ ,."'" U .." ." .w. , , r ;. , '\ I. .i' !l' I ~i,~ll! ;. . " , ,.. . . .. . .. ~ U 0 .. .J ........ ..11 te, .... ID .. . '0 .J ID .. ..... ... I.' .... ... . ... u . '. III . s, i a o u .. .... . .11 ... ,,.. . III i I I .. .. .... '.11 ," ..... ," .,.. ..11 ," .... o III -;.&" ,:, iI 1 .. " , ,I J.n ,.. . ~I..- I ......- , '..... I I , f August 28, 1995 BELL SOUTH TELECOMMUNICAnONS@. '--' R (ill R n \,0 i\{' LS l!9 LS U ,~: '!J~ n. . . . l\ I : , ,> 0 I i -- - 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::.. ,t.!, . \' F L<DR>IDA ,} ~. PUBLIC UTILITIES COMP Wl~~~~-~ ~~ N .' PzLANNlt7GAI'/D -~ ONING DEPT. ~ ''-0 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 ill ~ @ rln nq (?, fnl " I ~CDMCASTe ",' ;i-i i ~ 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 DA/lvl '~;" ~f ..(~ C'~, &>/j q- ~ '1"('0. ')*~~ <t) Q4-~~6'o (g O~~.P~0.~ '<;;';~':r'J) ';.' 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 ~u. // I t, t.. j (" 'f ~ 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 p ll~ l= UJ. - - [\1,: - - r- -7f1- l= ~' ~~~I\i.I:~-,~',': I LU." __ (]/' I ~l {/" \', - -~'~'-J J "_ ~._,' I ---j-nTT = =.4' ~ FO ~ lr [I .- J7'(,;l.. ~::i 1 I"~\?- If -11!1~ T"';l~\\ ~ [: -- 1 IFF ~ .' .~;"\!I r:' j,i ~ . ~b: ~i- ~fjln~l .",,:" \, !,1 ( _~-= ~__,_ _-=----~ 1r PI! ,0 ~. 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Pi./tN"''''': _-"" '1- 4,5, ~~ lliiii M'I'IO ! ~, _ ~ ~;';"H~ \ 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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" , ;J ~ ~~ .' . . pi J ~ 1,(, .~ .l,'~ 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 -~~',...- '-, ,,...-......... ....._'. ...... , ~ /oJ <) 'I' j'l ,\1.' :: I' "'.., "I': =11... fIr f11... ..."_.~ .....,.-;J U ftft' ftft' ~1~ H Rip li_---.!..9 A D .. ; , 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. 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