CORRESPONDENCE
04/22/97 TUE 16:09 FAX 407 624 3533
SCOTI,ROYCE
.~
SCOTT
ROYCE
ATTORNEYS AT LAw
Scorr, ROYCE, HARRIS, 8RYAN, BARRA & JOROENS~N, P,A.
Ms. Tambri Heyden
The City of Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
Fax *: 375-6259
Dear Ms. Heyden:
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HJU APR 22 ,../.)/, ,II J I
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April 22, 1997
I have reviewed your letter dated April 22, 1997 concerning the Minor Road
abandonment. In, response to your inquiry, we request that the abandonment resolution
be prepared to reserve the 25 ' buffer easement ~dong the south side of Tract S~2. I
understand your letter to proVide that. if the bufter" easement is so reserved, then the
abandonment'resoJution win be adopted aba.ndoning the buffer easement presently existing
on the south 25' of lots 15, 16, 17, and 18 of Block 2, of the Cedar Ridge and High -Ridge
Commerce Park Plat.
If you require anything further, please gjve me a calL
Very truly yours,
~H'~
. J, Richard Harris
JRi-lJkmb '
R1CIIARIl " /I"'N~'" 'TOflN L, aRYAN. J" .), ~ICJ-l^RD !L\Il!:lS
JOHN [II, rORO[;!JSc:-l . I'X)NN;,A, Nf\t1[;AU' J(~"'N M, W,~(lNti~
RAYMONi:lW, Imy_,), . ROBERTC, SCO'f'1'f19~'19tl;)
4+00 I'OA B()l'U~VAR", .SUlTE BOO PA')" J~F.^Cll G^~DE,,", Fl,O~l1)'\ 33410
(56!) 62...3900 . FAX [Ml) 621d53:3
04/18/97 FRI 13:21 FAX 407 624 3S3'
SCOTT, ROYCE
~002
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ract 5-1 (Minor Road), a8 established by the Plat of BOYN'1'ON BRACH
DISTRIBUTION CKR~R, according to thft Plat thereof, recorded in
Plat Book 41. at page 100, of th_ Public Records of Palm Beach
County, Florida.
Tract 8-1, as established by the Plat of BOYNTON BEACH DISTRIBtrl'IDN
CENTER, i8 dedicated for additional right-of-way for Hinor Road for
the perpetual use of the public for proper purposes.
;!~
~
5' aceeas control e1l5ement which encumbers the Horth 5' of Lots 18
and 19 of BOYNTON 2EACH 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 aoceS8 control easement is dedicated by the Plat of BOYNTON
BEACH DISTRIBUTION C!NTER for the purposes of control and
jurisdiction over Tract 8-1 (Minor Road). AS established by the
Plat of BOYNTOH BBACH DISTRIBUTION CENTBR.
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Easement and .right-of-way over and acr08S 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, ~wnship 4S South, Range 43
E.at, of Palm Beach County, Florida.
The above-described easement for access and riqht-of-way was
granted by laaement peed 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 Ci~y of Boynton Beach.
A ) r'l
IV I "I
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Bufter easement encumbering the south 25' of lots 15, 16, 17, and .
18 of BlOCK 2, of CEDAR R.IDGE, A P.U.O. .. HIGH RIDGE COMMERCE PARK, ,I
A P.I.D., according to the plat thereot reco' "d in the OffiC.~f
the Clerk of t Circuit Court: in and fOl 11m Se", 'n Count
Florida, at Pla lOIt 46. page 58. ..,
~---~..-_.._....
That part of Miner Road a. dadir.at~d by the Plat of Cedar
Ridge, . P. U . D . " High Ridge cOl1Ul1erce park, a P. I . D . ,
accord1nq to the Plat thereot recorded at Plat Book 46,
pag" 58, of the Public Records of Palm Beach County,
Florida, bounded on the west hy the Right-of-Way of High
Ridga Road and bounded on the east by the .a.tern mo.t
boundary of the Plat of Celhr Ridge, a P.U.D. and Higi:o
Ridge Comnerc. Park, & P.I.u,
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PLANNING:
ZONING D' ~~_.
/fpr'; I /~ /977
^, 'I L I.D., 'ww-.l
Ms, Tambri J, Heyden
Planning and Zoning Director
City of Boynton Beach
P,Q. Box 310
Boynton Beach, Fla. 33425-0310
Re: Miner Road - ABAN #95-005
Right-ot-Way Abandonment
Dear Ms. Heyden
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rlWj~ 6C0 tro-Y1S ydrSS;CA-^- .. ' ~f (Y'~-./--
4'-1121....__1. T _1-__......_. I Li ..l has no objectIon to the above-referenced c~
abandonment. p. r /,c.w'-~
It you have any further questions, please contact Mr.~ I !~t AOT o~- -d"
Awv.
Yours truly,
APR-17-97 THU 9:~4
P.02
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TH!S INDENTURE mad1 this
I
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a corpctat~on eXlsiinq under the laws of
and having its pri~cipal place of business at
I
first party, to th1 City of Boynton Beach, a political
subdivision of thelstate of Florida, second party:
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,
IWherevet used herein, the terms, "first party"
and "sec nd p,uty" shall include singular Ilnd
plural, sirs, legal representatives and assigns
of indiv duals and the successors and assigns of
corporat ons, wherever the context so admits or
requires)
,
,
EASEMENT
day of
,A,D., 199 ,
by
I WITNESSETH
i
WHEREAS, the first, party is the owner of property situate in
~alm oeach CountY,1 Florida, and described as follows;
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and, I
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WHEREAS, the seco~d party desire. an easement for water and
sewer ut1lities "1d/or otner appropriate purposes incidental
lher~to, on, over and across said property,
and, I
WHEREAS, the t1r8~ party is willing to grant such an
easement, !
I
NOW, THEREFORE, f~r and in consideration of the mutual
covenants each toithe other running and one dollar and other
good and valuablefconsideratlons, the first party does
her@by grant untoithe party of the second pArt, its
successors and .8,19nS, full and free right and authority to
oonstruot, maint&tn, r~pair, lnstall an~ rebuild facilities
for ~bov. stated urposes and doe. hereby grant a perpetual
ellserl'-Hlt on, ov.gr, llnd across the above described property
for ~~id purpo~esf
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I
APR-17-97 THU 9:~4
P.03
I
IN WITNESS WH~REOF,~!the first party has cau5ed these
presents to be duly eKeouted in its name and its corporate
seal to be hereto & fixed, attested by its proper officers
thereunto duly auth~ri~ed, the day and year first above
written. I
Signed, sealed and ~elive~ed
in the presence of II
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BY
PRESIDENT
^TTESTI
SECRET1>.R'l
(CORPORATE SEAL)
STATE OF
COUNTY OF l
I
I HEREBY CERTII'Y that on this day, before me, an
officer duly author zed in the State and County aforesaid to
take acknowledgemen,s, personally appeared _
well known to me taibe the President and
respectively, of thi CorporatIon named as first party in th~
foregoing Easement nd that they severally acknowledged
executing the same n the presence of two subscribing
witnesses fr~ftly an voluntarily, under authority duly
vested in them by s,id Corpo~ation, and that the seal
affixed thereto Is ~be true Corporate seal of said
Corporation, ;
WITNESS my han~ and official seal in the county and
State last aforesai1 this ____day of , A,D.,
1990, !
Notary Public in and for the
State and County aforesaid.
My commission expires:
04111197 FRI 16:54 FAX 407..624 31533
SCOTI,ROYCE
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ATTOflNF.YS AT L~W, I L--__.~,..,~,."_"_
" -, PLt..NNING f\~m
Scon, ROYCE, HARRIS, BRYAN, BARRA & )OROliNSEN, !P.A. Z(i!'~ING DEPT.
t,...___...
~
scorr
ROYCE
April 11, 1997
Ms, Tambri Heyden
The City of Boynton Beach
100 E. Boyn,ton Beach Boulevard
P,O. Box 310
Boynton Beach, FL 33425-0310
Fax #: 375.6259
" Dear Ms, Heyden:
I have reviewed the minutes of the Commission for the meeting on December 19,
1995. At this meeting the Commission approved tbe abandonment of Minor road subject
to the comments set forth in the minutes, Mr. Cherof stated 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 basis will eliminate the
need for the applicant to come back before the Commission."
As I have indicated in previous correspondence, we believe the comm.ents have bee
satisfied. Therefore, I would very much like to know if the process to have. this matter
resolved. It seems Mr. Cherat's comm~nts in the minutes indicate a he established a
procedure which makes further action by the Commiss.ion unnecessary.
We have attempted on several. occasions to l~arn the status of this matter and to
get it re~olved. 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
lRH/krrth
RfCI1AW:Il!(. I~Al~M. JOHN L:B~YAN,IR . J. RICf.I^"~}'Hi\RWS
JO~IN);, IOR\:;t;Ni~N 'l)oNNJ,A, NAIl,,,-V ' ~f.VIN M. W.\C~l"R
RAYMOND 'I' ~O'''~>i' RO~ENT(, .COTT,1925 1')8~1
'~400 rCA R,lI.II.F,VA.IlD, StllTU SOO l'ALM B~A'-''' G,\R'll;NS, FI.ClRIOA .33410
(561, o24..3L)OO . FAX (1\6)) 6240.3533
_-"ul FAl 407
"1)33
SCOTT. ROYCE
~007/008
16JU1M'JV8
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The pet! tioner, CONDOR INVES'l'MBN-I'S OF PALM &BACH COUNTY, IRe",
requests abandonment of the ex.iot:ing dedicated riqht-of....way of
Kinor Road (somet1mes alao referred to as Kiner Road), existing
east of Hiqh Ridge Road and west of the CSX Railroad right-af-way.
In addition, the Peti~1oner is requesting the abandonment of an
access control easement five (5') feet in width dedicated by the
Plat of Boynton Beach D1.stributi.on Center, abutting- the south
b01.Uldary of that part of Hinor Road dedicated by the Plat of
Boynton Beach Distribution Center. In addition, the petitioner is
seeking the abandonment of a bufter easement twenty-fi.ve (25') feet
in width encumbering the south twenty-Live (25') feet of Lots 15,
16, 17, and 18, of Block 2, ot Cedar Ridge, a P.U.D., and High
Ridge Commerce Park, a P.I.D., as established by Baid Plat. The
riqhts-of-way being abandoned are not improved and are not
necessary to provide any abutt1ng property owners with ingress and
egress. To the extent that any u't!lities are looated in sur:h
rights-of-way, easements for the placement of such utilities can
be reserved and/or granted.
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04/10/97 THU 10:45 FAX 407 ~24 3533
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SCOTT ,ROYCE
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SCOTT
ROYCE
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~TTOI\N6Y~ AT l"'W
SCOTT, Royce, HARRiS, BRYAN, BARRA &' JORGENS~N, P,A.
January 18, 1996
Via Fax: (305) 764 4996
BaITy E. Somerstein, Esquire
Rudea Barnett, McCloskey, Smith,
Schuster & Russel~ P,A
ZOO East Sroward Boulevard
Fort Lauderdale, Florida 33301
RE: Condor Investments of Palm Beach County, Inc. sale to Waste
Management Inc. of Florida
Our File No, 30977
Dear Ban)':
To help you understand the easement agreement, I am enclosing a copy of the
Boynton Beach Distribution Center Plat which I have marked up to show the property
your clients (Waste) own and the properties owned by Rollyson and by Florentine Marble.
Waste owns lots 16 through 21 and the southern portion ot' the property marked
"Not Platted" adjacent and to the east of the lots which Waste owns, Rollyson owns the
northern portion of the "Not Platted" parcel. Florentine owns a parcel to the east of HIe
"Not Plattedlt parcel and a strip 30 feet wide runni.ng along the south boundary of f~e
Waste portion of the tlNot Platted" parcel to the east end of the Industrial Way cuI ,je
sac.
The easement that Waste has already granted to Rollyson is SO feet wide across
the eastern end of its portion of the "Not Platted" parcel. The City is concerned that
RoUyson did not reserve access across the strip of 30 feet when it conveyed the strip to
Florentine, and the City has required a reaffirmation of the easement rights of the parties
because if Rollyson and Florentine do not have these rights, their only access would be
over the Minor Road right of way which is being abandoned,
RlCtI^~D K D,\R1lA ' )ClI.IN l. tlllYAr-:, J~ ' BARRY H. B'11::D . ~W~K i~ ,1AC1-:0;o.
), R1(;H"RD I-lARRIS' JOliN M,ICR,,~N~EN . DONN"^ ;,J';)!:AlI
r.;.YM,l~J) IV ROYCI, ' 1l01lf~T <;, seo". (192ti-19l'21
""00 pC" BOULEVAStl, SUITE ~O(j , 1>.\lM BF.ACH C"Rl>~NS, FLORI!),\' 334010
'''07) 024.3900 . FAX [.01) 6240.3633
~~-~---~-------------
04~7 THU 10:45 FAX 407 ~24 3533
SCOTT,ROYCE
~003
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On another matter, I have now been told by Jim Cberof, the attorney for the City,
that a quit-claim deed from Palm Beach County of the Minor Road right of way and the
access control easement established by the Boynton Beach Distribution Center Plat win
satisfy the condition of our abandonment approval that we seek abandonment from Palm
Beach County. We should have the quit-claim deed soon, The County will execute the
deed in favor of Waste,
We are still talking to the City' engineer about the requirements of bonding. When
we have this worked out, I will let you know.
Very truly yours,
@'
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J. Richard Harris
JRHlkmb
iJ1re City of
$oynton $eacn
100 'E. flJoynton flJeadi flJou/evara
P.O. flJ~310
flJoynton flJeadi, :rforitfa 33425-0310
City !JlaU: (561) 375-6000
:r5lX: (561) 375-6090
"~r'
April 22, 1997
J. Richard Harris
Scott-Royce Attorneys at Law
4400 PGA Boulevard, 8uite 800
Palm Beach Gardens, FL 33410
RE: Miner Road Abandonment (ABAN #95-011)(Tract S-1, 8-2, and Parcel #3) and
5 Foot Access Control Easement Abandonment (ABAN #95-009)
Dear Mr. Harris:
With today's revision to the easement dedication form, as required by the City's Utilities Department, all
conditions placed on the two above-referenced petitions are now satisfied with the exception of acquisition
of the two utility easements within Tract S-1, Due to future differences in ownership between Tract S-1
(Waste Management) and 8-2 (Jim Vanderwoude), these easements cannot be granted by Mr,
Vanderwoude using the easement dedication form we received, The Miner Road abandonment resolution
will be used to reserve the two remaining utility easements. The resolutions for the subject abandonments
are currently being prepared and will be scheduled for processing at the next regular meeting (May 6, 1997)
of the City Commission. With respect to application ABAN #95-010 (High Ridge Commerce Park PID Buffer
Easement Abandonment), a zoning code variance was a condition of the abandonment approval. The
variance was approved, however is no longer valid as the site plan and justification made part of the
variance have changed. Since a new site plan with a different prospective owner (Amerope) is being
processed, this can be handled in one of two ways. The City can go forward with resolution for the May 6,
1997 City Commission meeting, at the same time reserving a 25 foot wide buffer easement along the south
25 feet of Tract 8-2. This would negate the need for the variance and the condition of approval. Otherwise,
a new variance application will need to be submitted. Please advise by noon tomorrow how you wish to
proceed with this in order to make the resolution deadline for the May 6, 1997 City Commission meeting, If
you have any questions, please contact this office.
Sincerely,
/-.. 'I
/ ,,~:,/ ./J
--=__/fL.,,,,, f..lf.~~ /---;~ i'fJ:/:'1.../
Tambri J. Heyden, AICP
Planning & Zoning Director
T JH:mr
xc: Kerry Willis, City Manager
Mike Pawelczyk, Assistant City Attorney
J:\SHRDA TA\Planning\SHARED\WP\PROJECTS\Miner Rd Aban (95-005)\RHarris.doc
Jilmerica's qateway to t/U. qulfstream
City of Boynton Beach
Planning and Zoning Department
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425
Planning & Zoning
Fax
To: Mike Pawlezzyk
From: T ambri Heyden
Fax: 6054
Pages: 2
Phone:
Date: April 22, 1997
Re: Miner Road Abandonment
o Urgent
o For Review
o Please Comment 0 Please Reply
o Please Recycle
. Comments:
City of Boynton Beach
Planning and Zoning Department
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425
Planning & Zoning
Fax
To: Dale Sugerman
From: Tambri Heyden
Fax: 6011
Pages: 2
Phone:
Date: April 22, 1997
Re: Miner Road Abandonment
o Urgent
o For Review
o Please Comment 0 Please Reply
o Please Recycle
. Comments:
04/10/97
THU 10:46 FAX 407 6~4 3533
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SCOli", ROYCE, HARRIS, BRYAN, ,BARRA. & ]ORGEJ:><SEJ:><,
, April 41 1997
Michael Haig
The CJty of Boynton Beach .
100 R Boynton Beach Boulevard
P.O, Box 31.0
Boynton Beach, FL 33425-0310
Fax #: 375-6090
Dear Mr. Haig:
Thank you for your phone mes:sage andl have attempted to call Tambri. However,
1. wrote to lambr; concerning this matter many weeks ago and have np re~ponse. In an.
effort tonndsomeone to give me answers, I called Dan DeCarlo who said I needed to
talk to you, If ~ have not sati,1fied the Comments, I think we deserve to be told why und
what else lllay be needed. If we have satisfied tl1em, we very much need to have the
abandonment accomplished.
You should understand that my.client has a ~ale pending which is conting~nt on the
accompllshment or the. abandoll:plent and it may fall through, So 'you can understand my
frustration with not being able to get an answer. Please get with TaIhbri and provide Ille
with an answer. '
Your cooperation :is appreciated.
Very truly yours,
J. Richard Harris
.lIU..1Jlcmb
R1CliARD K, DAARA . )OI'IN 1..lll~tAJol, )R, . j, 1"l,:~i\I/\) H.\~I.:t.
)OI.1N M,jC1~GI2t<SEN' DONNA.'., NMlIli\U .I<llVlN 1<\, WACNER
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04/03/97 THU 17:46 FAX 407 624 3533
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ROYCE
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,~'I'TOAN~:V3 ~T LAW
SCarT, ROYCIi, HA~~IS, BRYA,N, BARRA. & JORCIS!N~EN; P',A. L
ApI113, 1997'
Michael Haig
The City of Boynton Beach
100 B. BC)'11ton Beach Boulevard
P,O. Box 310
Boynton Beach, FL 33425-0310
Fag #: 375-6090
Dear l\1r. Haigz
As yo~ will recall I repres~nt Condor Investments of Palm Beach County, Inc. who
filed 6. petit1cn for abandonmont of the dedicated right of w,ay for Minor Road, In that
regard, I ~1l1 enclosing a copy of the minutes of the meeting at which the,'
abandonnient was approved subject to C(lmments~ '
Please note that according to the minutosComment #1 is a ','reiteration of
Comment #6." I ainenclostng herein a copy of letter' J receIved from Ms. Heyden
confirming that, the quit claim deed received from the County satistles Co~nment #1.
Therefore Comment #1 and Comment #6 are satisfied, ,
Comment #2 concerning the I-95 flyovet was' taken out. Please not.e that according
to the minutes City Manager Parker reported that Chief Jordan deleted tlle ['item re~ated
to the tlyover" and that the minutes furtherretlec.t that Mayor Taylor clarified that lithe
City is still waiting for compliance with Comments #1, #3, #4, p6rts of #51, and #6.11
, ,
It is my understanding that Florida Gas did. respond aIid therefore Comment #3
is met,
It is my understanding that my client supplied the nec~ssary documentation to meet
the requilements of Comme,rlt #4, , '
As to Comment #5, please note that' Ms. Heyden agreed that access for FDOT
need not be verified and FDOT need not be a part of the' agreement req'urrcd, by
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FICJ-lARD K, BAA~>l' JOlIN L &RYAN. )1<," ). ~ICHAJll) H"It~IS
JOHN 1>'. )Q~~lJ:NSSN" OONNA A, Nl101JJ.!l ' K!OV'" .1, ....AC'N.'"
I'"'YMOND W, ROYC~ 'IP3ERTC, SC(""I'J'(J9~;.I~f<ill
04/03/97 THU 17:47 FAX 407 624 3533
SCOTT,. ROYCE
~003
Coml:nent #5. An easement agreement between the other parties was eXecuted and
recorded several weeks ago and I previously forwarded a copy to M:s. Heyden. Therefore:
Comment #5 is. ~at:isfied; ,
Please contact me as soon as possible concerning this matter so I can understand. .
the process for completion of the abandonment, The minutes :indie-fite completion of the.
abandonment would be an administrative m.atter and there. would be no further
Itlquirement to come before the ComIIlission.
I look forWard to hearing from YOu, ,
Very truly yours,
(
&~~.
J. Richard Harris
JRH/lanl)
04/21/97 MON 16:24 FAX 407 624 3533
SCOTT ,ROYCE
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The South 24.0 feet of Tract S-l (Minor Road) I as established
by the Plat of BOYNTON BEACH DISTRIBUTION CENTER, according
to the Plat thereof recorded at Plat Book 47, page 100, of the
Public Records of Palm Beach County, Florida.
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SCOTT JAM 2 2 116
ROYCE
ATTORNEYS AT LAW
Scan, ROYCE, HARRIS, BRYAN, BARRA & JORGENSEN, P,A,
January 18, 1996
Via Fax: (407) 375-6090
City of Boynton Beach
c/o Ms. Tambrey Hayden
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 Ms. Hayden:
On Tuesday, January 23, 1996, the Palm Beach Count Board of County
Commissioners will consider and likely approve the execution of a quit-claim deed by
which the county,vi.!1 quit claim the ~1inor Road right of way and 8C:CP.S~ control easement
established by the plat of Boynton Beach Distribution Center. The deed will be issued
in accordance with Section 255.22, Florida Statutes, which provides a procedure by which
a county may quit-claim its interest in property dedicated or conveyed to the county if the
property is not used for the specific purpose conveyed or dedicated for a period of sixty
(60) months, and the property and its use is not shown on a comprehensive plan or other
public facilities plan.
Today I spoke with Jim Cherof who agrees that the issuance of the quit-claim deed
should satisfy the condition imposed on the abandonments by the city. Unless I hear from
RICHARD K. BARRA' JOHN L. BRYAN, JR. . BARRY B. BYRD' MARK P GAGNON
J. RICHARD HARRIS' JOHN M. JORGENSEI\ . DONNA A. NADEAU
RAYMOND W, ROYCE' ROBERT C. SCOTT (1925,19821
4400 PGA BOULEVARD, SUITE 800 ' PALM BEACH GARDENS, FLORIDA 33410
(407) 624,3900 . FAX (407) 624,3533
you to the contrary, we will pursue the quit-claim deed and not seek a formal
abandonment by the County.
Very truly yours,
~-+'t'\~
J. Richard Harris
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ROYCE
...TTOIINEYII liT LAW
SCOTT, Rcm::s, HARKr~, BRYAN, BAQAA, & JO~aENSeN, P.A.
December 12, 1995
Via Fax: (407) 375-6090
Qty of Boynton Beach
c/o Ms, Tambrey Hayden
Planning and Zoning Department
100 Boynton Beach Boulevard
Second HOOft West Wing
Boynton Beach, Florida 33425-0310
RE: Condor Invesnnents of Palm Beach County, Inc.
Abandonment of Miner Road
Dear M$. Hayden:
I have reviewed the recommendations you and your staff have made conc-.eming the
various requests for abandonment filed seeking abandonment of 'Miner (Minor) Road and
various related easements. I would like to respond to the staff's recommendation:'l.
As to the reeommcndatiol15 concerning the Miner (Minor) Road abandonment, I
respond as follows:
1. I am conti.Jsed as to the request that we be required to make application for
abandonment to abandon the portion of Miner Road that is dedicated to
Palm Beach County. I realize that Tract S-l established by the Plat of
Boynton Beach Distn"butlon Center ~, according to the dedication, dedicated
to Palm Beach County. However, such a dedicatio.n h to the public and
unlesi} the roadway is a part of the County's road system, the County is not
required to abandon the road. Under Chapter 336 of the Florida Statutes,
the County is given jurisdiction over and the right to abandon only roads
that are within the County road system, Section 336.01 of the Florida
Statutes specifically says that the County road system ~hall be as defined in
Seetion 334.03(8) of the Florida Statutes. This prOVision clearly indicates
that fl County road is a Toad existing in the unincorporated areas of Palm
Beach County or an extension of arterial collector roads from
unincorporated areas into incorporated areas. I certainly do not believe that
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(i07i 1;;!4,39(TO . f',u; (407) 6:14-36a;;
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Oty of Boynton Beach
December 12. 1995
Page 2
this smaIl section of roadway dedicated to Pahn Be;ach County constitutes
an extension of an artcrial road and, therefmc, within the County road
'}'stem.. It is my belief that the County has no jurisdiction over this
pmtieular bit of roadway and an abandonment by Palm Beach County is not
necessary.
2. First. you must Understand that the CSX Railroad right-of-way was conveyed
by CSX to FOOT. In my discussions with pcrsonnel at FDOT, the Florida
Department of Tl'BDSportation has completely taken over CSX Railroad.
In any event, it is mOT and only FDOT that determine II whether a tlyover
will be permitted over the CSX right-or-way and the right-of-way for
Interstate 95. We bave made formal request for FOOT to respond to any
possibility of a flyaver at an extension of Miner Road. However, we have
be;en told that the respome to our request will be some time in coming. We
have, however, given you Ii copy of a letter from Peter Karakos, of
Paramount Engineering Group, who bas reviewl:d FOOT's five yem plan and
has certified that there is no evidence of a flyover being scheduled for design
or constrUction. Furthermore, there is no indication that any funds have
been justified or allocated by FDOT for a flyover at this location, As a
consequence, a f1.yover ~ very unlikely ond, if ever considered, would not be
considered for many, many years. As Mr. Karako:s stated, the cost of such
a flyover would vastly exceed any justification for it.
I have :specifically measured tbe distance from Gateway Boulevard to Miner
Road. This (1jstance is exactly one-half (lJ2) mile, Since the only
consideration for a flyover has come from the fire departmont, I have
difficulty understanding the need The fire department can cross CSX and
Interstate 95 by flyover at Gateway Boulevard. only one-half (112) mile away.
Certainly, there; can be little justification for the ~e that would be
necessitated for a flyover.
Further. it would be impossible to establisb a flyover without public
condemnation of additional rights of property owners abutting the existing
Miner Road area. As you know, there is not a full dedication of Miner
Road from High Ridge Road to the CSX right-of-way. Further, the
elevation of the flyover would commence at least as far to the west IU the
intertection of the Miner Road rt8l'1t-pflOway ed ffig11 lltc1ge Road, AU
proporty OW!le1'S abutting any proposed flyover would have compensable
l;( l.!: ILl L -I : .!.! t- .1.,\ .J Il i 0.. -i .};) J.j
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l;U 11114 dill)
City of Boynton Beach
December 12, 1995
Page 3
rights taken from them by establUhinS a. flyO\"er as opposed to the
construction of a normal roadway.
Moreover. it has never been demonstrated that there is sufficient rlght-of-
way on the ea&t side of Interstate 9S to permit a tlyover and no
consldemtion has been given to the itnpact and effect of such a flyover on
the neighborhood to the east of Interstate 95.
3. As you know, we have not received a response to a utilfty letter issued to
Florida Gas. However, Florida Public Utilities did respond to the utilities
letter iSSuec1 by the City siBff in connoctiOn with the fir,t petition filed
concerning Miner Road. Their rcspome was that they had no objection and
had no underground gas distribution facDities located within the limits of the
proposed abandonment.
4. We should bavc no problem meeting the requirements of paragraph 4 of
your recommendations.
s. I really cannot respond to the comments you have made in regard to
paragraph S. I have reviewed all of the documents recorded in the public
records and am satisfied that an olte:mate, perpetual means of access exists
for the benefit of RollySon and Florentine Marble. I request that a meeting
be established as soon as pOSSIble with you and such other staff people,
including your attorney, as you deem necessary to resolve thfs issue. If you
require: !ome fonn of easement agreement, I am sure that such an
agreement can be prepared since Waite Management, Florentine Marble
and :Mr. and MIs, Rollyson are in favor of the abandonment of Miner Road.
However, I continue to be confused as to your concern over FOOT and
FOOT having access by virtue of Miner Road. FDOT owns the CSX right-
of-way and the right-of-way for Interstate 95. How can access to the CSX
right-of-way and Interstate 9S rfght--of-way be of concern? Certainly, FOOT
is not dependent upon nor requiring the improvement of this portion of
M1ner Road to provide it access to the CSX right~f-way or to the Interstate
95 right-of-way.
6. I would like some verification as to the requirement for a written acceptance
from Palm Beach County Traffic Division rcgardini the abandontnent
reque.t.
l~ l~ ~a l~:~J r~~ ~Yj D~4 ddJd
.J'_ 1.1.. J. I ,1\1.' .ll. L
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City of Boynton Beach
December 12, 1995
Page 4
I believe that the recommendatioI15 as to the other elements of the abandonment
petition. \vo haw filed, except for the requtreme:f1ta that MIner Road be -.bpdonco O1\d
that the Board of Adjustment act favorably on Waste Management's request, are
incorporated in the recommendations as to the Miner Road abandonment.
Should you requ!i'c anything further, please do not hesitate to contact me.
Very truly yours,
~
J. Richard Harris
JR1.I/blab
~
SCOTT
ROYCE
ATTORNEYS AT LAW
SCOTT, ROYCE, HARRIS, BRYAN, BARRA & JORGENSEN, P.A.
December 5, 1995
Via Fax: (407) 375-6090
City of Boynton Beach
c/o Ms. Tambrey Hayden
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 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 Investments of Palm Beach County, Inc. and Waste Management Inc. of Florida.
In that Opinion of Title, I discuss a parcel designated as "original parcel." The reference
to "original parcel" states that it is a portion of Tract S-l described and dedicated on the
Plat of Cedar Ridge, a P.UD., and High Ridge Commerce Park, a P.LD., at Plat Book
46, Page 58, of the Public Records of Palm Beach County, Florida. This statement is
incorrect in that the portion of this roadway to be abandoned is designated on such Plat
as Tract S-2.
Please accept this letter as a revision and amendment to the original Opinion of
Title. H you require anything further, please do not hesitate to contact me.
Very truly yours,
ill ~@~nw~ rn
, 11995
I
PLANNING AND
ZONING DEPT.
,'.
.JRHIkmb
RICHARD K. BARRA' JOH!\' L. BRYAN, JR. . BARRY B. BYRD' MARK P. GAGNON
J. RICHARD HARRIS' JOH!\' M, JORGENSEN' DO!\'NA A. NADEAU
RAYMOND W. ROYCE' ROBERT C. SCOTT (1925,1982)
4400 PGA BOULEVARD, SUITE 800 . PALM BEACH GARDENS, FLORIDA 33410
(407) 624,3900 . FAX (407) 624,3533
c::- ~,'
-.i-"'~Uo'\
fJJie City of
'Boynton 'Beach
100 'E. 'Boynton. ~ 'Bou/nJarr[
P.O. ~310
'Boynton 'Btadt., %niIfa 33425-0310
City 9fa[{: (407) 375-6000
1'jtX: (407) 375-6090
December 1, 1995
Charles R. Walker, Jr., P.E.
Director - Palm Beach County Traffic Division
P,O. Box 21229
West Palm Beach, Florida 33416-1229
Subject: Miner Road Abandonment between High Ridge Road and 1-95
Dear Mr. Walker:
Since your letter of September 8, 1995, at the request of the city,
the applicant for the above-referenced request being processed
through the city has expanded the area to be abandoned. The
attached legal opinion of title reveals that two of the areas that
have been added (parcels 1 and 2 referenced on the attached survey)
were and are dedicated to Palm Beach County as part of the 1984
Boynton Beach Distribution Center plat.
It is our intent to handle the abandonment of all these parcels
related to Miner Road in our normal process culminating in a city
adopted resolution, which is recorded and a copy of which is sent
to the Palm Beach County Property Appraiser's office. Therefore,
please respond to the revised abandonment request, once again
noting whether you have any objections or conditions of approval,
Please also include in your letter of response whether the
applicant must also go through a separate process through the Board
of County Commissioners, prior to the city approving building/site
improvements permits for construction within the area to be
abandoned. Unless your procedure has changed since the 1991 Old
Boynton Road realignment with Boynton Beach Boulevard, which
required county right-of-way located in the city to be abandoned,
~mericas (jateway to the (julfstream
Page2
Miner Road Abandonment
the county required the applicant to obtain resolutions from first
the city, then the county. This item is scheduled for commission
public hearing on December 19, 1995. Therefore, a response by
December 7, 1995, would be most helpful.
Sincerely,
~~-/-.#-y~
Tambri J. Heyden
Planning and Zoning Director
Attachments
TJH:bme
a:MINOR.MEM
------.----------.---------....- --
~
SCOTT
ROYCE
ATTORNEYS AT LAW
Scorr, ROYCE, HARRIS, BRYAN, BARRA & JORGENSEN, P.A.
October 27, 1995
VIA HAND DELIVERY
City of Boynton Beach
c/o Ms. Tambrey Hayden
Planning and Zoning Department
100 Boynton Beach Boulevard
Second Floor, West Wing
Boynton Beach, Florida 33425-0310
Dear Ms. Hayden:
I have been requested to issue an opmlOn of title with respect to certain
abandonment petitions I have filed on behalf of Condor Investments of Palm Beach
County, Inc., and Waste Management Inc. of Florida.
I have enclosed herein as Exhibit "A" descriptions of each of the parcels for which
abandonment requests have been filed. As to each of such descnbed parcels, I state as
follows:
ORIGINAL PARCEL: That parcel described as the "original parcel" is dedicated
as the right-of-way for Miner Road by the Plat of Cedar Ridge, a P.D.D., and High
Ridge Commerce Park, a P.I.D., according to the Plat recorded in Plat Book 46,
at Page 58, of the Public Records of Palm Beach County, Florida. The parcel is
dedicated to the City of Boynton Beach for roadway purposes. The parcel is a
portion of Tract S-1, as descnbed by separate legal description on such Plat. It is
my opinion that this parcel has been properly dedicated to the City of Boynton
Beach for roadway purposes by such Plat.
PARCEL 1: Parcel 1 is Tract S-1, 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. Tract S-1 is
dedicated to the Board of County Commissioners of Palm Beach County for public
roadway purposes and is intended to be a part of the Miner Road right-of-way.
RICHARD K. BARRA' JOH:--I L. BRYAN, JR. . BARRY B. BYRD' MARK P. GAGNON
J. RICHARD HARRIS' JOHN M. JORGENSEN' DO:--lNA A, NADEAU
RAYMOND W ROYCE' ROBERT C. SCOTT (1925,1982)
4400 PGA BOULEVARD, SUITE 800 . PALM BEACH GARDENS, FLORIDA 33410
(407) 624,3900 . FAX (407) 624,3533
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 described 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.I.D., 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.
Very truly yours,
~.
JRH/kmb
Enclosures
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. I . 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.
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.
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:
Buffer easement encumbering the south 25' of lots 15, 16, 17, and
18 of Block 2, of CEDAR RIDGE, A P.U.D. & HIGH RIDGE COMMERCE PARK,
~
SCOTT
ROYCE
ATTORNEYS AT LAW
Scorr, ROYCE, HARRIS, BRYAN, BARRA & JORGENSEN, P.A,
October 27, 1995
VIA HAND DELIVERY
Ms. Tambrey Hayden
City of Boynton Beach
Planning and Zoning Department
100 Boynton Beach Boulevard
Second Floor, West Wing
Boynton Beach, Florida 33425-0310
Dear Tambrey:
As requested by Gary Lanker, I am enclosing herein two (2)
additional petitions to be filed, requesting the abandonment of
Miner Road and adjacent easements.
As requested, I have included Tract S-l of the Boynton Beach
Distribution Plat and the privately dedicated right-of-way 25' in
width with our original request. However, I have also included a
request in this peti tion for the abandonment of the landscape
buffer easement 25' in width adjacent to the lots to be conveyed
to Waste Management Inc. of Florida. According to their engineers,
you have requested that this landscape buffer easement be abandoned
as well.
In addition, I have included the access control easement in
a separate petition. This petition is being filed on behalf of
Waste Management Inc. of Florida.
I am awaiting a separate letter of authorization from Waste
Management Inc. of Florida, authorizing me to file this petition
on their behalf. However, I should have that shortly and will
supplement the filing accordingly. Also, I will deliver to the
City the additional filing fees requested ($1,000.) within the next
few days.
Very truly yours,
"~~,. "C;::-\ -....
',~"'~~-<k- ". '~,._-"..
J. Richard Harris
JRHIkmb
Enclosures
RICHARD K. BARRA ' JOH~ L. BRYAN, JR. . BARRY B. BYRD' MARK P. GAGNON
J. RICHARD HARRIS . JOH~ M, JORGENSEN . DO~NA A. NADEAU
RAYMOND W ROYCE' ROBERT C, SCOTT (1925.1982)
4400 PGA BOULEVARD, SUITE 800 . PALM BEACH GARDENS, FLORIDA 33410
(407) 624,3900 . FAX (407) 624,3533
11/30/95 15:05 FAX 407 624 3533
SCOTT. ROYCE
IaJ 001/008
SCOTI, ROYCE, HARRIS,
BRYAN, BARRA
&
JOROENSEN, PA.
ATI'ORNEYS AT LAW
Rich&rd '" Ham.
Jolm l. BtylIIl, ,]1',
Bany B. ByM
lrWt P. Gap:Ia
], Rlcbanl Hatris
Jabn M. JcxgellSCll
DomIa A. Nadeau
~ W, Royce
Robc:n A. ~
Robert C. Scott (192S-1982)
.*TKf .FCOPTF,R TRANSMlTI'AL "'-
FROM:
Our Tclecopier Number:
DATE;
TO:
TELECOP!ER;
TOTAL NUMBER OF PAGES,
INCLUDING nus PAGE:
RE OR NOTE:
FILE :#
10001
***PLEASB om JVER n.n.fI:U)rA~J .y.**
Telephone number in case of' uaosmission amr:
1 (.w7) 624-:';900
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rem !D USE QP 'mil :nm1T.l:DU.L at. ~ DIIBD U(IVK. JI' BK __ or ~ __ DJ .. .. :r---
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w:a.z. .....-........ lOlt JlCIl ~. !!I!ID.IK UG.
4400 PGA BLVD,. SUITE. 800, PALM BEACH GARDENS, FL 33410 (407) 624-3S'OO PAX (407) ~:3S:n
11130/95 15:05 FAX 407624 3533
___ . NOU-2S-"35 TUE 13:4'3 ID;t-t-'lo L1r<! VI"<
SCOT:J; !_ IWYCE
1aI002l008
ffPL
Florida Power' Light Comp\1ny. p, O. Balt ZllCll, Delra., s,..tI. ilL 134&1.Zd
September', 1995
Tambrl J. Heyden
Planning and Zoning Director
CIty of BoyntGn Beach
PO Box 310
Boynton Beach, fL 33425-0310
Re: Forest Ct (#QS-OQ4) & MJner Ad (#95.005) Right of Way Abandonment
Dear Ms. HeydiJn:
FPl hac no objection to the abandonment of the Forest Court rlght.cf-way of as described
in your letter dated August 9. 1995
FPL has no objection to the abandonment of the Miner Road r1ght~of-way of as described
in your Istter dated August 14, 1995, providliJct that a utility easement is pro"'ded on the_
east 160 teet of the road ri ht 01 wa .(See tho area h\gl'dighted in yellow on the enclosed
aw g,)
/
flUrL.
'IJ tIt"t'-.'
n you rsquire any additicoallntormation. please call me at (407) 265..S1004.
Sincerely Yours.
t:~
Major Account Manager
..:~:~*~***.************** *********
~ # of Pages ....
""co, (, 11
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12.0 4- ~
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an FPl Group r:ompo'lny
11/30/95
15:05 FAX 407 624 3533
SCOTT. ROYCE
IdJ 003/008
~
SCOTT
ROYCE
ATTOIlNliV& .aT ~AW
scon, ROYCE, HA1lRIS, BRrAN'. BABKA & JOROENSElN, P.A.
October 21, 1995
Mr. Pete Reaonic:o
Southern aeU Telephone Company
326 Pcm Streel
Room 601
Wcst Palm Beach, Florida ~3401
Dear Mr. RcZZODico:
h required by the City of :Boynton ~ I am elK"lOO". herein a 1epl description and a sketch
of an area for wbicb we have filed petitions for abandoIUDent with the City of Boynton Beach. Also
iltUCibe:d is a narrative explaining why the ablU1donment is requested.
Plcue ~ the city of Boynton :a.ad2 concerning you: mterest ia the subject right-of-way. A
WIittco IQpome is rt;qUC!tccl .. SSOOD. liS possible, as the matfa' is s.ched.u1ed fur the P1~nlln.g and
DcM;lopment Bau'cl meeting in November, 1995. Please d.ixect yaW' respouse to Tambrey J. Hayden.
Pbuming atId Zoning Dirc.ctor, at the followiDg acldres6:
City of Bo,nton BeuI1
100 E'&&t ao,ntoD Beach BoWevud.
Post Office Bas 310
Boynton Beaeb, Florida 3342S.aUO
I aho rcqllCSt that yon provide the undersiped a copy of your oorrespondence.
We thank you in advance for )'Out anticipated. cooperation in this matter.
Very truly yours,
J. Richa.tcl Harris
~ll
Euclosun:s
H, B37q{J57
ill~HARO K. BAKAA' ;OHl1 ~,BR'l'.\N, IR, . 8M!;!Y B. STRD . ~p. Q...<l~ON
I, ~IC>lA~O~:;: . JOHN M, jOllCElJ5EI-I . DONNA A, N!\DllAI.'
t....YMO~l;lW.lODVCE. iOBEnC, SC:O'l'TOQ25,I~:n
4.400 PGA 8 o l'L1O vAlm , SUITI: aoo . PALH BF.ACH GI\J!Dl:l'I~, FtoRIDA 33+10
(,Em :i24-31100 . PAX (<!.1J7) Oz4-,::!:)3'
11/30/95 15:06 FAX 407 624 3533
SCOTT. ROYCE
~OO4/008
~
SCOTT
ROYCE
Beon, ROYCf:, HABi:ll!!, BrrrAN, BAmtA & JORGJiiNUN. P.A
A'I'TQ""IlVS A" ~...w
October Z1. 1995
Comcan CablC'Vision or W.P.B.. tac.
1401 NonhpoiAt Parkway
Wf$t Palm Beadl, Florida :;3407
Anenl1on.: ~U<: A1.l!Xl8is
COII5~ CoordiDatOt:
Dear Mr. Aamais:
As ~ by the City of Boynton Beach, I am. endosm, herein a legal description and a sketch
ot an lI.1l:iI for which we have filed petidom fDr abandonment with the City of Boynton Beach. Also
arr.adlc:d i& a nanativc esplabrlng why the abandonmeJU is requested..
Pka:;e ad:vi$c the City of BoyAton Beach conceming your interest in the subject right-of.way. A
wrlnen ~pomc; is tc;quc:3tcd a soon lIS po&sible. as tl:le matter is scheduled for the Planning and
De\lelOpmeu.t Board m<<;ting in November, 1995. Please ditect your response to Tambrey 1. Hayden,
Planning and Zoumg Dircc:tor, at tho following addtCS.l::
City of BoYD-ton BlW!h
100 Eal;t Boyntoll Beach BoWewrd
POSl; Oi&e BOJ: 310
Bo)'nton Beach, Florida n425.(}310
I alSo feque:st that you pnwide the Ulldersigned. a copy of your oorrespoodence.
We thaU )lUll in adYllllcc for your utic:i.pated cooperation in tlIis matter.
Very trUly yeW$,
J, Richarl1 Harris
~
~~S5~
.\:lCHAllD K. BAR~' J~flN L, aav"'...., JR, . IlI\1UU ,. BYRD - >UIlK III (:ACNON
I I;!!CJ-IARD ~Jl:JS . JOJ,N M, JORO~~SE~ . OONt-:.... ^. NMJEAIi
llA't'MOND I!', ROYCE' ROBERt e, SCOTT :J925.I~:lI
->400 PGA BOUl1;VAIUl. 5UIT!; BOO . PALM BEACH GI\IlCF.NS. FLORIDA 33'10)0
1407) 02....3900 . fAX (4007) 62".353:0
11;30/95 15:06 FAX 407 624 3533
SCOTT. ROYCE
~ 005/008
~
scon
ROYCE
ScO'rf. ROYCE, HARRIs, BRYAN, ~ 61 JORGENSEN, P.A.
.TTORNIVS AT LAW
October 27, 1995
Florida Public UtilitiesJF1o-Qas COrp.
401 South Dilcie Highway
West Palm BeadL, Florida 33401
Attention: Mr. David E. peUloo
EBpneet
Dear Mr. Pe1lico:
As required by the City of Boynton Beach, I am enclosing nereIn a legal description ~ a tketch.
of an area for which we have filed petitiom for abandOnment wlm tlte City Qf Boynton Beoch. Also
attached is a narrative explaining 'Nhy the aban,domnent is requested.
Please advise the City of Boynton Beach concerning your interest in UIe subja:t right-of-way. A.
written response is requested a ssaon a'S possible. as the JDa,rter IS sd1eOule4 tbr the Pl.an1LiDg and
J)ecJelopment Board lUeeting in November, 1995. Please dUect your response to Tambrcy J. Hayden,
P1anDiog and Zoning Dira.""tOr. at the follOWing address:
Qty of Boynton Beam
100 East Boynton Beach Boulevard
Post omce Box 310
Boynton Beach, Florida 33425-0310
I also request that yOU provide the undersigned a copy of your correspondence.
We thank :you in advance for your anticipated cooperation in thiS maner.
Very trUly yours.
J, Richard Harris
J1lHJkmb
Eoaosurcs
llilCWJlO K, BAiRi\. . JOHN L, Bit)')..", JR, . B.vl~ 8. B1(l.O ' MAAK ~ ;;;AGNON
J. ~ICllARD H,U1Wl' ]QH~ M. )OROIll<5SN . DONNAA. r<,.m!J\.u
IliIY)-IO!-:D 1ll7, pt:lYCIi. l!cB~RTC, 9C01ill<r.!50I9!21
4400 PGA BOLILEV^RD, !lU,TI! 600 PALM BEACI< GAl'DEI'IS, r1.0IUM j3410
(4071 624-3900 . FAX (4.07) 62',3533
a3~ J;$~
11130/95
15:07 FAX 407 624 3533
SCOTT. ROYCE
IdJ 006/008
~
seon
ROYCE
A.TTa..NI!"" ",. LAW
SCOTT, ROYCS, HARRIS, BRrAN', BA.R~ iii JORGENSEN, P,A.
October 2", 19Q5
Ronda Power and Ught Company
Post Office Bm: 2409
Dclray Beach, Florida 33447 2409
Attallioll: Mr. Ruuy Russillo
AlxDWlt Mana~r
Dear Mr. Rwaillo:
AtJ 1Cllluin::d by th~ City of Boynton BeGch, I WI1 eDclOiUDg herein a legal de&criptiOA aDd a &ketch
of an area for wbidl ~ have filed pctitiOD3 for abandonment ,nth the City of Boynton Beach. Also
attiKhc:d i& is nanative explaining why the; ahandomncnt is rcqUlC8tcd.
Plc:ax ad.vis(; the City of flcya.tOD Ikach ccDClCmmg yeur interest U:I. the 5ubjeet right-of-way. A
written. rapoue is requested a ~ooa 8:J paWblc, L'I the matter ~ SQheduled for the Plmming and
Developmco.t Baud meeting in NoV(;mbGr, 1995. Plcax d.ircd JOur ~pome to iambrey J. Hayden.
P1amrlng and Zoning Director, at the I:lUowing ad.drcss:
City of BoyntoD ~
100 Eimt Boynton :Beach ~
P~t 0fIi~ :&tt 310
Boynton Bc..d1, Florida 33425-0310
I also IeqUQt that you provide we Ull~igncd a copy of your wnc:spondc:nce.
We tbank: you Wlldvucc tor yolll antidpat~ wopcmtion in this matter.
Very truly JOUO.
J. Ri~hard. Hum
JRH/Imlb
EDdasures
2.~53/0'l,
RICHARD 1;, 6~1l!t1\ . JOI'\N r.. Bl(rAl'I, ]i. . BARIY 6, B'I'1:0 . M!t.B p, OAllNON
I, aIC1L~RD kNllU' . JOHl" M, JQCleclolccw ' DONNA)" NADEAU
UYMONOW, ROYCE' ROBERTI;, S<:OTTII'l2&I~)
44000 PGA. BOULEVt\IlIl, SUITE 800 . PALM BEACH GARD~N~. PLORTI)A 33'10
(4.07) 624--3QOO . FAX (407) 624-3533
11/30/95 15:08 FAX 407 624 .3.533
'~
SCOTT. ROYCE
I4J 008/008
DR.'RATIVJ!!
The Peti- tioner, CONDOR INVESTMENTS 01' PAL!! BEACH COUlllTT, Ilee.,
request15 abondomnant of the existinq dedicated right-of-way of
~nor Ro~d (8omet~Q. also referred to as Miner Road), existing
east ot High R~dge Road and west of the CSX Railroad right-o~-way.
In a<1dition, the PEititioner is requesting the abandonment of an
access control easement f~ve (5') feet in width dedicated by the
Plat of Boynton Beach Di$tribution Center I abutting the south
boundary of that part. of Kinor Road dedicated by the plat of
Boynton Beach Distribution Center, In addition, the Petitioner 15
seek1ng the Clbandonment of a buffer easement twenty-five (25') feet
in wi.dth encumbering the south twenty-five (25') feet of Lots 1',
16, 17, and 18, of Block 2, of Cedar Ridge, a P.U.o., and a~qh
Ridge commerce Park, a P.I.D., as established by said Plat. The
ri.qhts-of-way be.inq abandonad are not improved and are not
necessary 1:0 provide any abutt.ing property owners with ingress and
egress. To the extent that any utilities are located in such
rights-ot-waYt eaeements for the placement of such utilities can
be reserved 4nd/o:r grant9c:l.
III 30/95 15: 01 FAI 401 624 --'l533
SCOTT. ROYCE
141007/008
QRRlt.~JV8
The Peti tione.r, CONDOR INVES'1'HBNTS OJ' PALM BEACH COUN'.rY, INC. I
requests abandonment. of the exiet.ing dedicated right-af-way of
Minor Road (somet.1mes al:so referred to as Kin&r Road), existing
east of High Ridqe Road and we8t of the CSX Railroad right-af-way,
In addition, the Petitioner i6 requesting the abandonmant of an
aocess control easement five (5') teet in width dedicated by the
Plat of Boynton Beach Diatr1.bution Center, abutti.nq the south
boundary of that part of Hinor Road dedi.cated by the Plat of
Boynton Beach Distribution Center. ~n addition, the Petitioner is
seeking the abandonment of a bufter easement twenty-five (25') feet
in width encumbering the south twenty-five (25') feet of Lots 15,
16, 17, and 18, of Block 2, ot Cedar Ridqe, a P.U.D.; and High
Ridge Commerce Park, a P.I.D., as establL8hed by Baid Plat. Th@
riqhts-ot-way being abanQonea are not ~proved and a~e not
necessary to provide any abutt1nq property ownera with ingress and
egress. To the extent that any u'tl1iti.es cu~e looated in such
riqhts-of-way, easements for the placement of euch utilities can
be reserved and/or granted.
~(bf'
/
iJ1ie City of
'Boynton 'BetUh
100 'E. $oymon ~ $oukvarcl
P.O. 2J~310
2Joynton 2JuJr" %oritfa 33425-0310
City 1f4II: (407) 375-6QOO
~;u: (407) 375-6090
August 14, 1995
Florida Power & Light company
P.O. Box 2409
Delray Beach, Florida 33447-2409
Attention: Mr. Rusty Russillo
Account Manager
Re: Miner Road - ABAN #95-005
Right-of-Way Abandonment
Dear Mr, Russillo:
Forwarded herewith is a legal description and a sketch of the area
for which a public right-of-way abandonment request has been
received. Also attached is a narrative explaining why the
abandonment is requested.
Please advise concerning your interest in the subject right-of-way.
A written response is requested no later than September 1, 1995 as
this matter is scheduled for the City Commission meeting of
September 19, 1995. Please direct your response to me at the above
identified address.
Thank you in advance of your anticipated cooperation in this
matter.
Very truly yours,
CITY OF BOYNTON BEACH, FLORIDA
,~ 71 c::
~.A~~"k1/l vQ~;/~; .~
Tambri J. Heyden
Planning and Zon~ng Director
TJH:dim
Attachment
a:utilaban.cfI!d
Jlmerica's (jatewCl!J to tfu (julfstream
'The City of
'Boynton 'Beach
,-- ,.b~.
..;.{,J. 1
~/~
;.0' rrJ'.~ ~
' '
~
100 'E. 'Boyraton 'BuJdt. 'Boulevard
P.O. '1Jo'{310
'Boynton 'BUId&, ~fori4a. 33425-0310
City:JiDli: (407) 375-6000
~JU: (407) 375-6090
August 14, 1995
Florida Public Utilities/Flo-Gas Corp.
401 S. Dixie Highway
West Palm Beach, Florida 33401
Attent~on: Mr. David E. Pellico
Engineer
Re: Miner Road - ABAN #95-005
Right-of-Way Abandonment
Dear Mr. Pellico:
Forwarded herewith is a legal description and a sketch of the area
for which a public right-of-way abandonment request has been
received. Also attached is a narrative explaining Why the
abandonment is requested.
Please advise concerning your interest in the subject right-of-way,
A wr1tten response is requested no later than September 1, 1995 as
this matter is scheduled for the City Commission meeting of
September 19, 1995. Please direct your response to me at the above
identified address.
Thank you in advance of your anticipated cooperation in this
matter.
Very truly yours,
CITY OF BOYNTON BEACH, FLORIDA
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~;;-,~ &-(i,~ ')2 ~~/&--
Tambr1 J. Heyden
Plann1ng and Zoning Director
TJH:dim
Attachment
a:utilaban.ced
YIrnema's {jateway to tlit {juI/stream
YImema's {jateway to tlit {julfstream
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. I . 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.
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.
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:
Buffer easement encumbering the south 25' of lots 15, 16, 17, and
18 of Block 2, of CEDAR RIDGE, A P.U.D. & HIGH RIDGE COMMERCE PARK,