REVIEW COMMENTS.,/97 13:59 '~4078755885 FGT COMPUTER GRP ~001
Florida Gas
Transmission Company
601 S. Lake Destiny Rd., Suite 450
MaitIand, Florida 32751
Post Office Box 945100
Maitland Florida 32794-5100
Jim Johnson: 407/875-5812
Chris Kearby 407/875-5815
Fax: 4071875-5885
PLA~I~4S
ZONING DEPT.
FACSIMILE COVER SHEET
DATE: April 17, t997
TO: MIKE RUMPF FAX:
FROM:
JIM JOHNSON
SUBJECT: ABANDONMENT LETTER
Message:
Total Number of Pages Including Transmittal Sheet: 2
if you do not receive all of the pages or if they are not coming in clearly, please call
Becky at 4071875-$81 I.
,117/97
14:00
~4078755555 FGT COIIPUTER GRP
Florida Gas Transmission Company
P. O. Box 945100 Maitland, FLorida 32794-5100 (407} 875-5800
002
April 17, 1997
Ms. Tambri J. Heyden
Planning and Zoning Director
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425-0310
Miner Road - ABAN #95-005
Right-of-Way Abandonment
Dear Ms. Heyden:
Florida Gas Transmission Company has no objection to the above-referenced
abandonment.
Should you have any questions, please call me at 407-875-5§12.
Sincerely,
Jim Johnson
Supervisor/Southern Region
Right-of-Way Department
JJ/bjc
An ENI~N/SI~NAT Affiliate
August 28, 1995
Ms. Tambri J. Heyden
Planning and Zoning Director
City of Boynton Beach
P.O. Box 310
Boynton Beach, Fla. 33425-0310
BELLSOUTH
I'Ei. ECOMMUNICATION$
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,
Specialist
Comcast Cal)levision
ot West Palm Beach. Inc.
1401 Norlhpoml Peri, way
West Palm Oeacl~. Florida 33407
II. COMCAST'
PLANF
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 ques'tions, please contact be at (407) 478-5866 ext. 519.
Thank you,
Dominique Aumais
Construction Coordinator
DA/lvl
Comcast Cablevision
of West Palm Beach, Inc.
1401 Norlhpoint Parkway
West Palm Beach, Florida 33407
(407) 478-5866
(407) 686-9499 FAX
ICOMCAST®
November 8, 1995
Tambrey J. Hayden
City of Boynton Beach
100 East Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425-0310
13
REF: Abandonment of existing dedicated right-of-way
Dear Tambrey,
Comcast Cable has no objections in the area abandonment as referenced in your letter
dated October 27, 1995.
If you have any questions, please contact me at (407) 478-5866 ext. 519.
Thank you, -'~--~
Dominique Aumais
Construction Coordinator
DA/lvl
BELLSOUTH
TELECOMMUNICATIONS
November 15, 1995
Mr. J. Richard Harris
Scott Royce Attorneys at Law
4400 PGA Boulevard, Suite 800
Palm Beach Gardens, Florida 33410
Room 501
326 Fern Street
West Palm Beach, Florida 33401
RE: Abandonment's Minor Road
Dear Mr. Richards:
BellSouth has no objection to the above referenced abandonment as described on
the attached narrative. If you have any questions or require any additional
information please contact Larry Mayernik at 407-837-6404.
Yours truly
trkBall
OSPE
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
September 8, 1995
Tambri J. Heyden
Planning and Zoning Director
The City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425-0310
SUBJECT: Proposed Miner 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
Charles R. Walker, r~., P.E.
Director Traffic Division
CRW:ASH:meo
File: Roads - Miner Road
ASH\miner
~ printed on recycled paper
"An Equal Opportunity - Affirmative Action Employer"
Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 97- 170
TO:
FROM:
Mike Pawelczyk
Assistant City Attorney
Tambri J. Heyden, AICP ~f
Planning and Zoning Director
DATE: April 23, 1997
SUBJECT: Miner Road Abandonment (//95-005) - Preparation of Resolution
Using the attached excerpts from the project file, please prepare a resolution for the above-referenced
request, which is to be scheduled for City Commission consideration on May 6, 1997. This first went
to the Commission as a public hearing on December 19, 1995 and was approved with conditions. The
conditions have now been satisfied and the request is therefore ready for resolution adoption. Please
recall your recommendation regarding text to be included within the resolution that would recognize the
existing FPL easements and ensure that they remain unaffected by the subject abandonment. The text
that I understand you propose, and to be inserted appropriately, is as follows:
"excluding the existing FPL easements located within the right-of-way being abandoned",
and
"This document in no way can be construed to abandon, surrender, or give away the existing FPL
utility easements located within the boundary of the right-of-way being abandoned".
Also, as discussed with Mr. Cherof and you, the City needs two new utility easements reserved to the
City of Boynton Beach by this same resolution, and to be described with the following legal
descriptions:
1) "The South 24.0 feet of Tract S-1 (Minor Road), as established by the Plat of BOYNTON BEACH
DISTRIBUTION CENTER, according to the Plat thereof recorded in Plat Book 47, page 100, of the
Public Records of Palm Beach County, Florida."; and
2) (see attached legal description and sketch written by Paramount Engineering Group, that must be
attached to the resolution).
The legal description for the area to be abandoned should read as follows:
"Tract S-1 (Minor Road), as established by the Plat of BOYNTON BEACH DISTRIBUTION CENTER,
according to the Plat thereof recorded in Plat Book 47, page 100, of the Public Records of Palm Beach
County, Florida.
Together with
Tract S-2 (Minor Road), as established by the Plat of CEDAR RIDGE PUD & HIGH RIDGE
COMMERCE PARK PID, according to the Plat thereof recorded in 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.
Together with
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 DavM P. Taylor and
Jacqueline Taylor, his wife, in favor of the City of Boynton Beach."
If you have any questions please do not hesitate to contact Mike Rumpf at ext. 6263.
TJH:mr
Enclosures
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Miner Rd Aban (95-005)\reque reso.doc
APPLICATION TO ABANDON/VACATE
BOYNTON BEACH pLANNING DEPARTMENT
APPLICATION INFORMATION FOR~.
NOTE:
This form must be filled out completely and accurately
and must accompany all applications submitted to the
Planning Department. {~hree'(3) Copie~ of application
are required.)
PROJECT NAME~
AGENT'S NAME:
AGENT'S ADDRESS~
CEDAR RIDGE, A P.U.D., AND HIGH RIDGE COI~IERCE PARK, A P.~I
J. RICHARD HARRIS, ESQUIRE
SCOTT, ROYCE, HARRIS, BRYAN, BARRA & JORGENSEN, P.A.
4400 PGA BOULEVARD SUITE 800 PALM BEACH GDNS. FL 33410
AGENT'S PHONE
(407) 624-3900 - FAX (407) 624-3533
OWNER'S NAME~
(or Trustee's)
OWNER'S ADDRESS:
OWNER' S PHONE
CONDOR INVESTMENTS OF PALM BEACH COUNTY, INC.
C/O JAMES VANDERWOUDE
430 NORTH "G" STREET, LAKE WORTH, FLORIDA 33460
(407) 588-3854 - FAX (407) 585-5574
EAST OF HIGH RIDGE ROAD WEST OF THE SEABOARD RAILROAD
PROJECT LOCATION:
(.not legal description)
AND SOUTH OF GATEWAY BOULEVARD
CORRESPONDENCE
'ADDRESSI*
(if different than-
agent or owner)
sAME
* This is the address to which all agendas~ letters ang'
other materials will be forwarded.
;11- 1-95 ; 3:45PM ; Boynton Bch fax-
624 3533;# 3
A_.P..P~CATfON TO AB. AND_ON/V.~CATF,
The undersigned, ~reuant oral,=,..
P to ........ ... NO. 76-27 of the Ci~, of
Boynton Beach, Florida, hereby applies to the city commission t
vacate! abandon, and discontinue the,
{check one)l
(TJ=X J STREET
) OTHER NONFEE INTEREST OF THE CITY
as described in attached Exhibl~ "A", and to renounce and dis-
claim any right of the City and the public in and to any land in
connqotion therewith.
Said application is to be fixed with the Planning Department in
triplicate and applications involving more than one of the above
listed nonfee interests shall be filed separately. Each appli-
cation so filed shall be complete in every respect.
The undersigned hereby certifys
~. That a ~omplete and accurate legal deeo~iption with the
specific property interest sought to be vacated or abandoned, in.
eluding where possible a plat map or drawing showing the general
area and location involved, is se~ forth in Exhibit "A" attached
hereto,
2~
to the speci£1c property interest described above was
and is evidenced by,
(oheckone)s
That the title or interest of the City and the public in and
acquired
IXXXX) DEED
XXXX) DEDICATION
PRESCRIPTION
Recorded in offtcia~ Records Book..2573 , Page 13~9 , and
Public Records-of Pals'Beach c~unty0' ~lorida. **P£AT BOOK 4?, ?ACES
100-I01
3. That no mlmlla~ aPpli~a~ion has been considered b~ the City
a~ an~ time within slx (6) months of the date hereof, and should
this application be g~anted, such abando~anC a~d vacation will
prevent no o~her property owners from access to and from their'
property and no other property owners ~n the v~cinity will be
adversely' ef~aoted.
4. That the above described property interest is under the
control and Ju~iediotion of the City commission of ~he City of
Boynton Beach, Flotida~ is not a part of any state or federal
highway system~ and was not acquired o~ dedicated for state or
That the following oonstitutes.a complete and accurate
schedule of al1 owners and occupants bounding and abutting the
/ CONDOR INVESTMENTS OF PALHBEACH
COUNTY, INC.
/ FENDER, T.D.
WASTE MANAGEHENT INC. OF FLORIDA
ROL~YSON, JAMES AND GENEVIEVE
]~NKER. DAVID B. AND LEIGHAN
ADDRES~
C/O ~AHES VA~TDER~OUDE
430 ~ORTH "G" STREEt. LAKE
.33460
328 ~OYAL POXN¢IA~A ~AY
PALH BEACH FL 33480
~OST O~FIC~ Box lZz28~ '
FOR~ WORTH, TX 76121-228~
-CiO MA~IC ~Ggo ZSC., 1810-A FOREST
H~LL ~LVD., W. PALM BCH., FL 3340660?"
55~ HUIRF~ELD DRZVE
ATLANTIS, [L 33462-1208
"~/0 '~IGHT-OF-WAY ,~)MINS~RATOR.
;11- 1-95 ; 3:4§PM ; 40? 624 3533;~ 5
6. That the follow~ng grounds and reasons ara submitted
support of this appllcation~
THAT SEC]~ION OF HINZR ROAD EAST OF ~ICH RIDGE RO~ ~D ~EBT OF ~g C~. ~ILROAD
alGa-OF-WAY AS P~TI~LY ~TTED A~ PAaTI~LY DEDI~. A PORTION OF THE
I~ DEDI~TED BY TWO ~TS (T~E ~L%T OF BOYNTON BEACH D~STR~BUT~ON CENTEA AND THE
OF CEDAR"~IDG~, A P~u~D*, ~D-HIG~ ~DGE C0~ERCE PA~, A P.i,D.), CREATING-A
OF-~AY 108~ FK~T IN ~IDTH ~EKE DEDZCAT~ BY BOTH PLATS. HO~EVE~ ~OTHER PORTION
~E' ~IGHT'~aWAY I~-DEDICATED ~Y"~ SAS~=~'~'-DE~D w~C~, W~KN CO~D W~TW I'VE
OP-WAY DEDZ~D BY THE P~T OF CEDA~ RIDGE, A P.U.D. ~ ~D HIGH RIDGE CO~ERCE PAR]
~' P.~.D., ~KSAI~'A TOT~ ~GHT-0F-WA~ I~' IN ~I~H. T~ B~C~ OF T~E R0~A~'
SOLELY DEDICATED BY THE P~T OF CED~ ~]DOE, A P.U.D., ~D HIGH RIDGE C0~ERCE PAR]
~ P'.~2D., A~"XS ON~ ~4~ ~N ~IDTH;--~lg 'P~%ION O~ ~k ~NE~ KO~"~XG,'I'-O~=WA~ ~',
THEREFORE, NOT =O~LETELY DEDICATED ~ REQUIRED, ~D ~S NEVER BEEN X~PROVED AND
AND ACCBSS I~ AVAI~BLE TO ~L AFFECTED PROPERTIES OVE~ ~D AC~SS OTHE~ I~P~OVED
RIGHTS-OF-WAY.
DATED ~ lO/27
ADDRESS
STATE OF FLORIDA
COUNTY OF PALM BEACH
The above named applicant(s) being first duly sworn by me the
day and year above lndiaaCed, deposed and seated thaC __he__
are/is tho applioant(s) in the foregoing Application to Abandon/
Vaoato! that ~ho¥ have read the same and that the fao~s therein
set forth are true and co=root to th8 best of their knowledge.
6-19-87
PLANNING AND ZONING DEPARTMENT
MEMORANDUM 95-649
TO:
FROM:
DATE:
SUBJECT:
Chairman and Members
Planning and Development Board
Tambri J. Heyden~9~
Planning and Zoning Director
December 8, 1995
Miner Road - File No. ABAN 95-011
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, that includes the north one half of the undeveloped Miner Road
right-of-way is requesting abandonment of the right-of-way of Miner
Road located between High Ridge Road and 1-95. This request
supersedes the request that was reviewed by the Board September 12,
1995 and currently tabled by the City Commission. This request
includes three separate right-of-way dedications as requested by
staff during review of the previous application that comprise the
undeveloped Miner Road between High Ridge Road and 1-95. The
attached Exhibit "A" is a location map which shows the Miner Road
right-of-way to be abandoned. The attached Exhibit "B" is a legal
description and survey of the proposed abandonment.
The abandonment is requested in connection with the development of
lots 15, 16, 17 and 18 of the High Ridge Commerce Park PID that
includes expansion of the existing Waste Management facility
located south of the lots and south of the right-of-way proposed
for abandonment.
BACKGROUND
As mentioned above, the requested abandonment of Miner Road is
comprised of three separate right- of-way dedications as follows:
The first is Tract S-2 noted as the original parcel on the
legal description and was dedicated to the City by recordation
of the 1983 plat of Cedar Ridge, A PUD & High Ridge Commerce
Park, A PID. This is the original abandonment request
currently tabled. This first requested portion of Miner Road
is 54 feet in width; one-half of the ultimate 108 feet
originally proposed and is unimproved and extends the south
width of the High Ridge Commerce Park PID between High Ridge
Road and the Seaboard Air Line Railroad.
The second is Tract S-1 as established by the plat of the
Boynton Beach Distribution Center and dedicated to Palm Beach
County. This tract is also 54 feet in width and abuts the
right-of-way dedication described above as Tract S-2 at the
north property line of lots 18 and 19 of the Boynton Beach
Distribution Center. Lots 18 and 19 are currently occupied by
the Waste Management facility and are located approximately
362 feet east of High Ridge Road.
The third is Parcel 3 deeded to the City of Boynton Beach as
an easement and right-of-way in August of 1976. This easement
right-of-way is 25 feet in width and abuts the south side of~
the right-of-way dedication described above as Tract S-2. The~
25 foot wide deeded property extends approximately 300 feet
east of High Ridge Road to the northwest corner of the right-
of-way dedication described above as Tract S-1.
Page 2
Memorandum No. 95-649
Miner Road ABAN 95-011
The purpose of these dedications 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. Miner Road, between High Ridge Road and Seacrest Boulevard
is not shown on Palm Beach County's 1991 !'Thoroughfare Right-of-Way
Identification Map" and is not shown in the Boynton Beach
Comprehensive Plan Support Documents, Volume 1 - Traffic
Circulation Element, Figure 18 - Future Functional Classification
Plan (revised). Therefore, there are no current plans to construct
a bridge over 1-95 to extend Miner Road.
ANALYSIS
The requested abandonment has been submitted in order to allow a
northerly expansion of Waste Management's solid waste facilities
across Miner Road and further north into lots 15, 16, 17 and 18 of
the High Ridge Commerce Park PID. Exhibit "C" illustrates the
location of the right-of-way requested to be abandoned and its
relationship to the existing Waste Management facility and the
proposed expansion. Waste Management has requested a site plan
review of its expansion and it is being considered as a separate
item at this December 12, 1995 Board meeting. The property owner's
agent has also concurrently requested two other abandonments (File
No. ABAN 95-009 and ABAN 95-010) in connection with the Waste
Management expansion which will also be considered as separate
items at this meeting. A Board of Adjustment variance (case #212)
has also been requested to omit a green belt requirement on the
lots located in the PID and is in connection with the expansion of
the existing Waste Management facility. The Board of Adjustment
variance will be considered at the December 18, 1995 Board of
Adjustment meeting.
The original request, now tabled, raised concerns regarding whether
the Rollyson property, undeveloped Florentine Marble property
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. Additional information has been submitted by the
applicant and staff's concerns with this information are provided
later in this report. Comments from the City Attorney are pending.
The applicant was requested to provide verification of whether FDOT
and CSX Railroad would allow construction of a "flyover" (bridge)
over their right-of-way. This information has not yet been
received. A letter from Paramount Engineering Group, Inc. offering
their opinion of the "flyover" regarding scheduling and cost as to
FDOT's five year plan was submitted but this letter did not address
the issue of whether FDOT would allow a "flyover', over their right-
of-way.
Since a portion of the Miner Road right-of-way identified above as
Tract S-2 (Minor Road) is dedicated to Palm Beach County, the
applicant will have to successfully follow and complete the Palm
Beach County's abandonment procedure prior to permits being issued
by the city. Palm Beach County has been notified of the request
but no response has been received.
The applicant's reasons for filing this abandonment and the grounds
that support the request are included in the attached Exhibit "D".
The city departments involved in review of a request for
abandonment and the utility companies notified of the request are
identified below, as well as their responses. Public notice is
Page 3
Memorandum No. 95-649
Miner Road ABAN 95-011
given to the property owners that abut the easement to be
abandoned. At the time of the writing of this report no response
from the abutting property owners had been received.
CITY DEPARTMENTS
Engineering
Utilities
Planning and Zoning
PUBLIC UTILITY COMPANIES
No objection
Dedication of utility easement
required
(see recommendation below)
Florida Power and Light
Southern Bell
Florida Gas Company _
Cable Company (Comcast) _
Palm Beach County
Traffic Division _
Dedication of utility easement
required
No objection
(see recommendation below)
No objection
(see recommendation below)
RECOMMENDATION
Staff recommends approval of the requested abandonment of Miner
Road, subject to the following conditions bei .... ' .
a resolution for aband m=~ ~_=__ ~ ~? rectified prior to
on ....... u=x~w auopted by the City Commission:
1. Written verification that Palm Beach County has accepted
an abandonment application to abandon the portion of
Miner Road that is dedicated to Palm Beach County.
2. Written documentation from FDOT and the CSX Railroad that
indicates they would not permit a "flyover,, to be
constructed over their rights-of-way.
3. The applicant shall show compliance with any forthcoming
conditions of abandonment required by Florida Gas.
4. Submittal of a survey showing proposed dedication of
utility easements to satisfy FPL and the City Utility
Department conditions.
5. 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.
The following concerns have been identified thus far
within the materials submitted in an attempt to address
this issue:
a)
b)
Deed from Rollyson to Florentine Marble is missing
conveyance reference for dedication of a 30 feet
wide ingress/egress easement.
There is question as to whether Rollyson's sale to
Waste Management included Rollyson's own 30 foot
ingress/egress easement, therefore Rollyson may not
have access any longer. A separate easement should
have been rededicated by Waste Management for both
OF 30' UTILITY EASEMENT
BOYNTON BEACH DISTRIBUTION CENTER
PARAMOUNT ENGINEERING GROUP
141 N.W. 20th. ST. SUITE F-7 PROJECT .0: I LB .0. ISHEET: IDATE:
BOCA RATON, FL. 33431,(561)395-7805 2056I 3353I 1 Of 2 J 4/22/96
SURI/~'YOR'S NOTES: LEGEND:
1. LEGAL DESCRIPTION SHEET 2 OF 2 P.O.C. POINT OF COMMENCEMENT
P.O.B. POINT OF BEGINNING
P.O.T. POINT OF TERMINA130N
U.E. UTIUTY EASEMENT
· PG. PAGE
P,B. PLAT BOOK
MINER ROAD I U./~'~-~/
CEDAR RIDGE, A P.U.D. & /
HIGH RIDGE COMMERCE PARK, A P.I.D./ / /
P.D. 46, PG. 58
u~ TRACT S-1 T.. o'-
4~. (MINOR ROAD) ~ ~ NOT PLATTED
I o
lO' U.E. '~------PLAT LIMITS
LOT 18
BOYNTON BEACH DISTRIBUTION CENTER 2o', ,~. ,
P.B. 47, PG. 100
CERTIFICATION:
I HEREBY CERTIFY THAT THE LEGAL DESCRIPTION AND SKETCH AS SHOWN
HEREON ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
DRAWN BY: M.D. I CHECKED BY: C.G.M. BELIEF AND, FURTHERMORE, THAT SAID LEGAL DESCRIPTION AND SKETCH
I
COMPLY WITH THE MINIMUM TECHNICAL STANDARDS A.<J s¢r FORTH ElY THE
REVISIONS DATE BY FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER
61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION
472.027, FLORIDA STATUTES.
CARL 0. MILLER
SKETCH AND LEGAL DESCRIPTION PROFESSIONAL LAND SURVEYOR
THIS IS NOT A LAND SURVEY fLORiDA RE~ISTR~O, NO.
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 97-148
TO: Jim Cherof
City Attorney
FROM:
Michael Rumpf
Senior Planner
Date: April 10, 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 me. A response at your earliest
possible convenience would be appreciated. Thank you.
cc: Tambri Heyden
~)4,o9,'97 ~i'ED 09:$0 FAX 407 624 .35.33 SCOT'I',RO¥CE ~oo2
SCOTT
ROYCE
Scott, Rovcn. I-l~ms, ]~A¥.Mq, Bmu~ t~ Jo~,ms~.~, P.A.
Februa,-y m97
Via Fax; (561) 37s-6o~
Ms. J. Hayclerl
l yr=m Beach
In December ~ 1995, Conctor irnteslnletlts of Palm Beactl CoutW, Inc., recmved approvaJ ot ma
~ ol various 0edicatiotts for Miner Road between High Ridge Road and the CSX Railroad
I believe the laet concli~3n to be ~ is set forth in the rninu~es of the meeting of December
19, 1995, as cx3n~'nent ~ five (5'). In tt~a~ rega~t, I am encJosing tmrein a copy ~ the axacute~
Ac~ tO the motion ttta~ ~ adopted, the abandonments ;u'e approved subject to the
comltlior~ truing met ~ to a resolution 0etng prepped..
Ptease revie~ your I~e co~=errtJ~ this ,'t~atter to verify lttat all conditions have now been mm
and intotm me a~ to the procecl~e that must now be follow~l to have ttm finaJ resolutions of
~: Cmtd~' Inveelmea~ el p.~a, Be~,b Ceunty, inc.
4400 PGA. BO3LE'VA~O, Su~'r~ OOO · PALll ])EAClI GAI~D~'NI;. FLOeln,~ 33410
(661) 624-3960 · FAx($61)
.4 '.9'97 ~'E9 a§:5~. FAX 407 624 3533 SCOTT.ROYCE
TR&NSMIS$ION OK
TI/RI NO
C0,~rECTION
SUBADDRES$
CON~£CTIO~ ID
ST. TII~
USa¢~ T
P~S.
R~SULT
Z679
3756274pp10001
02/13 10;18
05'54
7
~4,'09.'97 ~:ED 09:51 FAX 407 624 3533 SCOTI,ROYCE
PREPARED BY A~ RETURN T0:
J. Richard Harris, Esquire
Scott. Royce, Harris, Bryan
Barra & Jor=ensen, P.A.
4400 P~ABi~d., Suite 800 /
Palm B,aeh Gardens, FL .3~10
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (herein referred to as the
"Agreement,) is made this ..~day of p~ , 1997, by and
bctwccn WASTE ~NAGE~TT !NC. OF FLORIDA, a Florida c~-poratlon
(WASTE MA/~AGEMENT), and FLOR~TINE MARBLE COMPANY, INC.
("FLOREh~]?I~Z"), and GENEVIEVE ROLLYSON alld
COTRUST~ES OF TK~ G~NEVIEVE ROLLYSON REVOCABLE TRUST DATED
SEPTEMBER 23, 1989 ("RCLLYSON").
RECITALS :
A. WASTE MANAGEMENT is ghe owner, in fee simple of the
following described proper~y (herein referred ~o as the "WASTE
MANAGEMENT PARCEL"):
The East 50.00 feet of the foliowin~ described tract:
A portion of the Northwest one-quarter (NW 1/4) of the Northwest
one-quarter (NW 1/4) Of Section 16, Township 45 South, Range 43
East, Palm Beach County, Florida, more particularly GescriDeG as
follows:
BEGINNING at the Southeas~ corner of Lot 16, B0¥NTON BEACH
DISTRIBUTION CE~TTER, mccordin~ to ~he Plat th~-~, as r~corded in
Plat Book 47, PaFes 100 and 101, of =he ~ublic Records of Palm
Beach County, Florida; TKENCE North 00o00,07,, EasE, 232.02 feet;
THENCE South 87~42,3N,, East, 449.23 feet; THENCE South 00:06'46,,
West, 232.00 feet; THENCE North 87~42,35,, 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 55:2~'13,, East from the
radius point of the next described curve); THENCE Northwesterly
along the arc of said curve havinN a radius of 50.00 facE, a delta
of 95~57,48,,, an arc distance of 83.74 feet to a point of reverse
curvature with a curve concave to the Northwest; THENCE
Sou~hwesgerly alon~ the arc of said curve havin~ a radius of 25.00
feet, a delta of 42~50,00., an arc distance of 18.69 feet to a
point of tendency; THENCE North 87~42,35,, Wesg, 218.80 fee~ to ~he
Point of Beginning. Said lands lying in the City of Boyn~on ~each,
Palm Beach COunty, Florida; CONTAINING 11,600 square feet (0 266
acres), more or less. ·
407 624 3533 SCOTT,ROYCE
B. FLORENTINE is the owner in fee simple of the following
described real property (herein referred to as the "FLOR~NTIN~
PARCEL,,):
A parcel of land lying in the Northwest Quarter (NW 1/4) of the
Northwest Quarter (NW 1/4) of Section 1~, Township 45 South, Range
43 East, City of Boyn~on Beach, Palm Beach County, Florida, more
particularly described as follows:
Comr~encing at the Northwest corner of said Section ~6, run South
$7~40'45'' East, an assumed bearing for the North line of said
Section 16, a distance of 13~2.17 feet to the Northeast corner of
said Northwest Quarter (NW 1/4) of the Northwest Quarter (ATW 1/4)
of Section 16; thence Sou~h 00006'46" West, along ~he East lin~ of
said Northwest Quarter (~ ~/4) of the Northwest Quarter (NW %/4)
of Section 1~, a distance of 624.71 feet to the POINT OF
of the hereon described parcel of !and; thence continue along the
East line of said Northwest Quarter (~ 1/4) of the Northwest
Quarter (NW 1/4) of Section 16, a distance of 30.02 feet ~O the
Northeast corner of Lot 12 of the subdivision, BOYNTON
DISTRIBUTION CENTER, as recorded in Plat Book 47, Pages !00 and
101, of the Public Records cf Palm BeaCh County, Florida; ~hence
run North $7~42,35,, West, alon~ the No~th line of said Lot 12, a
distance of 130.13 fee~ Co a point on the Easterly right-of-way
line of Industrial Way, of said subdivision, BOYNTON BEAC~
IATDUSTRIAL CENTER; thence with a curve to tke left, having a radius
of 50.00 feet, a chord bearin~ of North 16~08,36,, West, a central
angle of 3~"52'03", and an arc length cf 32.17 feet along said
Eazterly right-of-way line of Industrial Way; thence Sou~h
~7~42'35'' East, a distance of 138.99 fe~t more or less to the
POINT OF BEGINNING. '
C. ROLLYSON is the owner in fee simple of the followin9
described property (herein referred to as the "ROLLYSON PARCEL,,):
A parcel of land in the Northwes~ quarter (ATW 1/4) of the Northwest
quarter (N-w I/4) of Section 1~, Township 45 South, Range 43 ~ast,
Palm ~each County, Florida, more particularly described as follows:
CO~4ENC!NG a~ the Northwest corner of said Section 16; thence SouLh
87°40'45" ~as~, along the North line o~ saio Section 16, a distance
of 902.17 feet to the POINT OF BEGINNING of the herein described
parcel of land; thence continue South 87°40,45, East, a distance
of 450.00 feet; thence South 00006,46'' West, a distance of 392.71
feet along the East line of the Northwest quarter (NW ~,/4) of the
Northwest quarter (NW 1/4) Of said Section 16; thence North
87042'35'' west, a distanc~ of 448.72 ~eec; thence North 00000,07''
East, a distance of 392.95 feet ~O ~he POINT OF B~GINNING. Said
lands lying in the City of Boynton B~ach, Palm Beach County,
Florida, containing 4.055 acres, more or less.
D. The parties hereto wish to establish certain easements as
~ore particularly described herein and to have this A~reement
recorded in the Public Records o~ Palm Beach County, Florida.
a4,09.'-J7 ~I'ED 09:53 FAX 407 624 3533
SCOT'I'. ROYCE
ORB ? 54 78'9
NOW, TEEREFORE, in consideration of =he mutual covenants
herein contained, and the sum of TEN AND NO/lO0 DOLLARS ($10.00),
the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
1. The above recitations are true and correct and are
incorporated herein.
2. WASTE MANAGEMENT does hereby establish, give, grant, and
convey unto RO~L¥$ON a non-exclusive access easement over, across,
upon and on the WASTE MANAG~IENT PARCEL (the "WASTE MANAGEMENT
~ASEMENT,,).
3. FLORENTINE does hereby establish, give, grant, and convey
to ROLLYSON a non-excluslve access easement over, acros-~, upon and
on the FLORENTINE PARCEL (the "FLORENTIN]~ EASEMENT").
4. The term of the WASTE MANAGEMENT EASEMENT and the
FLOR~-/TTINE EASEM-i~T shall be perpetual, running with the lands
described as the WASTE MANAGEME~ PARCEL and the FLORENTINE PARCEL
and is in favor of ROLLYSON, and ROLLYSON'S successors and assigns
who are owners of the ROLLYSON PARCEL. It is the intent of the
parties that as to the easemen= herein ~ranted, the WASTE
FJ~NAGEMENT PARCEL and the FLORENTINE PARCEL are the subservient
tenements and the ROLLYSON PARCEL is the dominant tenement.
5. The cost and expense of all normal maintenance of the
WASTE MANAG~EMENT PARCEL shall be borne eTaa!ly by ROLLYSON and
WASTE MANAG#EMENT. 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 par~y hereto fails to meet its
burden of maintenance of either the WASTE MANAGeMeNT PARCEL or the
FLORENTINE PARCEL, ~he other party sharing the cost and expense of
normal maintenance cf such PARCEL, at its option, will have the
right t~ perform such maintenance, including making all necessary
repairs and replacements, and ~hai1 charge the non-performingparty
the cost of same, which the non-performing party agrees tO pay the
performing party within =birmy (30) days of its receip= of ~he
demand for payment.
6. In the event that any damage is caused to =he FLORENTINE
PARCEL or the WASTE M3~AGEME~T PARCEL as a result of use by
ROLLYSON, ROLLYSON shall be responsible for the entire cost of
repair. In =he event ROLLYSON does not iniuia=e such repairs
within thirty (30) days of notice thereof, WASTE MANAGEMENT or
FLORENTINE, as applicable, shall have ~he right, but not
obligation, to e£~ect such repairs and to charge ROLLYSON
re#mbursement of the entire amount thereof, which reimbursement
shall be made within thirty (30) days of receipt of demand for
pa}~ent therefor.
7. In Uhe event any party hereto is required to enforce the
terms and provisions of this Agreement by litigation, the
a4 .u9.97 SCOTI, ROYCE
09:53 FAX 407 62.1 3533
OR8 Pe 7?0
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 firs= above written.
STATE OF FLORIDA
COUNTy OF
WASTE MANAGEMENT INC. OF
FLORIDA
~resident
FLORENTINE.MARBLE COMPA~, INC.
~r~s fdent
INEVIEVE ~YSOi~, CO-TRUSTEE
· )
//~ES H. ROLLYSO~, CO-TRUSTEE
The fore oin- instrum ' ·
day of ~%, .... ~ ~9~
u& "~i's ~a-NA~EM~.NT INC. OF FLORIDA, a Flo~ida co~cration, on
be~aif of the co~oration.
( SEAL
(Prin~ Name)
My commission expires:
Commission No.
o4 ,' 09 ' 97
09:54 FAX 407 624 3533
SCOTT,ROYCE
Personally Known / OR Produced Identification
.Type of identifica~on Produced
STATE OP FLORIDA
cO mTY
The forepoing instz~ament was ac. knowledg.=d before me this 5+4
of PLOR~I~BLS COMP~ INC., a Plorida Co~oration, on behalf
of the co~oration.
(Prinb Name)
My commission expires:
Commission No.
Personally Known OR Produced Identification
Type of identification Produced
day ~ ,-cu,~ ,¥ ~,, uy~O.~en~v~e~,e ~'~7~e5 ~oll~5~;,as ~re~dent
of GENEVIEVE ~LLYSON, ~O-TRUSTEE and J~S 'H. ROLLYSON, CO-
~USTEE.
~OT~Y P~LIC
($E~)
(Prin= Na~)
My conx~ission expires:
Commission No.
Personally Known OR Produced Identification
Type of identifica--~_ion Produced ~P%Jd~5 I;Ced~
FAX 4O7 624 3533
.. After Recordin~ Rehfnl ~, //
w/c Box 32 . - ,/ -
Scott, Royoe, HmflsetaL /
^ttn: Closing Del~rtn~nt , ~
4400 PGA Boulevard ~ ~
Palm Beach Garclens, Florida 334~0 /
Ronald M. Kapla.,%. Esquire
Waste Management }[nc. o£ Florida
Legal Dcpartmcm
2700 NW 48th St~cct
Pompano Beach, l~l, orida 33073
SCOTT, ROYCE
I
Con
009
FEti-'t2-1997 4:03P~ c~?--0~;:32:3~
0RS 9654. P~ 7E~5
lib III II IIIIII1 II BI
10, ~ Doc ,70
QUIT CLAIM DEED
THIS QUIT CLAIM DEED, executed this 4. day of Fcbruary, 1997 by
WASTE MANAGEMENT INC. OF FLORIDA, a Florida Corporation
whose address is 2700 Northwest 48th Street, Pompano Beach, Florida 33073, first party, to
CONDOR INVESTMENT OF PALM BE~CH COUNTY, INC., a Florida Corporation
whose address is C/O J. Richard Harris, Suite 800, 4400 P.G.A. Boulevard, Palm Beach
Gardens, Florida 33410, second party:
Wherever used herein thc terms "first party" and :'second part~"' 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.
WIT?~ESSETI-I, That the said first party, for and in consideration of the sum of ten dollars
(S10.00) in hand paid by the said second part),, the receipt of which is hereby acknowtedged,
does hereby remise, release and quit-claim unto the said second party forever, all the right, title,
interest,, claim and demand which the said first party has in and to the following described lot,
piece or parcel of land, situate, lying and being in the Cove, t3' of Palm Beach, State. of Florida, to
v~t:
Tract S-2 (Minor Road), as established 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 Count3.', Florida.
To HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise appertaining, and ail the estate, right: title, interest, lien, equity
- 1 of 2-
04 ,' 09 ' 9'7
II'ED 09:55 FAX 40'. 624 3533 SCOTT,ROYCE
OOROTN¥ I,II~EN~ CLEI~ PB C0gNTY~ FL
and claim what.soever of thc said first part>,, either in law or equity, to the only proper use,
benefit and behoof of the second party forever.
IN W/T~SSS Wa~Re_O~, The said first party has signed and scalcd these presents the day
and year first written above.
Signed, sealed and delivcred
in the presence of.'
STATE OF FLORIDA
COUNTY OF BROWARD
WASTE MANAGEMI~h~f [~C. OF FI~QRIDA
tJ: Regional President
(Corporate Seal)
The foregoing instrument was acknowledged before mc this _ ~ day of Fcbruary, 1997,
by James A. Waters, who is personally known to me as Regional President of Waste
Management Inc. of Florida, a Florida Corporation, on behalf of the corporation.
(S¢~)
Notary Public
,fl~rint or Stamp Name)
My Commission expires:
Commission No,
- 2 of 2 -
PREPARED
09:56
1Ol No~h Olive Av~e, Suils 601
FAX 407 624 3533 SCOTT,ROYCE [~,11
W/C Box 32 f/ .....
~cott, RO~, Hanis~Sl.
-9:>O0 PGA
. '..: ;.-., Beach Gardem, Flort~ 33410 ]JBBBJl~I~B Jl~ ~ lIB
Con t. Ol:] Doc .70
PALM BEACH COUNTY OUIT-CLAIM DEED_
THIS QUIT-CLAIM DEED, made this 2o-.~ day of February , 1996, by
Palm Beach County, Florida, party of thc first pan, and Waste Management, Inc., of
Florida, a Florida corporation, whose mailing address is 2700 Northwest 4gib Street,
Pompano Beach, Florida 33073, party of the second pan.
WITNESSETH: That thc said party of thc first part, upon demand of the party of
the second pan, pursuant to Section 255.22, Florida Statutes, and for and in consideration
of the sum ofTen Dollars ($10.00) to it in hand paid by the part), of thc second part,
rcccip! whereof is hereby acknowledged, does hereby remise, release and quit-claim to
the party oft. he second art, its heirs and assigns forever, all the interest which the party of
the first pan has in thc following described land lying and being in Palm Beach Count5,,
Florida:
SEE ATTACHED EXHIBIT "A"
,'09'97
WED 09:$6 FAX 407 624 3533 SCOTT,ROYCE
IN WITNESS WHEREOF, the said party of the first pan has caused these presents
to be executed in its name by its Board of Commissioners acting by the Chairm~ or Vice
Chain-am of said Board, the day and year aforesaid.
Signed, sealed and dehvered in
the presence of:
ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
DOROTHY H. WILKEN, CLERK '
BY.'~..--~'~__~ ,,._:_:__.: .,: Y...
Deputy Clerk ~. '~.' -.~ ', . --"
,,e2z .... :&~~ LEG~ S~C~NCY
',,,y.,~.~X:~ n ~ ,
Com~ ~
R96 19 9
FEB 2 0 1996
[~012
04/0~,'97
WED 09:$? F.4~. $~? 624
SCOTT. ROI'CE
Tract S-I (I~OR ROAD), ns established by the Plat of
BOY'NTON BEACH DISTR~UTION CENTER, ~cord/n§ to ~c
Plat thereof, recorded in Plat Book 47, at Page 100, of the Public
Re. cords of palm Beach County, Florida.
5' Acce~ Consul Easemeut eucmubenn$ d~e uorth 5' of lots 18 and
19 oi'BOYNTON BEAC{{ DISI'I~UTION CENTER, a~ordi~ to
l~e P~t thet~o~ recorded in Plat Boo~ 47, at Page 100, of the Public
Records oi'Palm Bench County, l~oricla.
I ,,' ~"~'~'. H. W!LKEr,~. ~;~-,'~:,~:;,~ Cler~ c.f the
fr,~C 5n~ c~'-r~zt copy of the on'~lna{
DATED ~ West P ~lm geac~, Fu on
DO~HY H. W~LKEN Cte~ -- · ~O,'L ~ BE4 ',~"~
",~ ....
MINUTES
REGULAR CIIY COMMISSION MEETING
8OYNTON BEACH, FLORIDA
Staff further expressed concern about the ~wo parcels being landlocked. He provided documentation
to staff which showed the easements that were reserved and established. Each of the parcels would
never depend upon Miner Road, as dedicated, for access. They am not landlocked. Mr. Ha~ri~ know~
that each of the owners is in favor of abandonin8 the Miner Road riBht--of-way, and access can be
confirmed in an easement asreement. He is certain Waste Management will agree wKh this. The three
owner~ who favor the abandonment, believe they have perpetual access out to Hi§l~ Ridge Road
through industrial Way.
~4r. Harris does not believe there is much reason not to Erant this abandonment request. He urged
consideration by the Commission.
Ms. Hoyden advised that the Planning and Development Board recommends approval of the request
subject to six conditions which were highliBhmct by &4r. Harris. There have been modifications since
that rneetin8. The modifications are as follows:
Comment #6 - Written acceptance from Palm Beach County Traffic Division
regardin8 the abandonment request.
S~aff received a letter from Palm Beach County which indicates that the aoolicant must 80 throuBh the
County process. -,
Comment
Written documeaLa~.km, acceptable to the City, that verifies that the
Rollyr. or~ FOOT and Florentine Marble parcels (ha[ abut the portion
of Miner Road to be abandoned, have an alternate, perpetual means
of accel. The followlr~ concerns have .been identified thus far
witflln the materials submitted in an altempt to address this issue:
aD
Deed'from Rollyson to Florentine Marble is mi.ins conveyance
reference for dedication of a 30 foot wide inBre~/eBre~ e,uement.
b. There is ~,stlan as to whetbr eollysont$ sub to Waste Menaseme~
included Rally~on's own 30 fa~t insre~/eBre~ easement; therefore,
Rollyeen may not haye access any longer. A separate easement
should ha~e been rededlcated by Wasle Manasement for both
Roflyson and Florentine tO use,
~'.~s. Hoyden advised that Mr. Harris is COrrect, and static has abroad to delete the verification of access
~or f'DOT. However, staff still feels that Rotlyson and Florentine Marble need a new dedicated access
easement. ~4r. Harris is agreeable since both parties am in favor of the abandonment.
Comment
Submittal of a ~ui~ey showla$ propmmd dedication of utility
easements to satisfy FPL and the City Utility Department conditions.
~,~s. l-leyden advised ~hat as a condition to the al~roval by FPL a/Id the City Utility Department, a new
utith~! easement needs [O be superimposed to t~e abandoned rfght-of-way.
11
FIRE DEPARTMENT MEMORANDUM NO. 95-281
TO: Tambry Hayden, Director
FROM: ~r~c'tor, De~rtment of Fire-Rescue
SUBJECT: Abandonment of Minor Road
DATE:
December 20, 1995
The Fire Department has withdrawn its request for consideration of a fly-over on 1-95 from
Minor Road. It was my understanding the Fire Department withdrew the fly-over
consideration after discussing this issue at the City Manager's staff meeting approximately
two months ago. Fire Inspector Bill Cavanaugh also submitted a memorandum on
November 20, 1995 advising the Fire Department had no further objections.
I apologize for the misunderstanding and the failure to provide you with an official request
from me to withdraw the Fire Department's consideration.
If you require additional clarification, please contact me in the Fire Chief's office.
FJ/pag
TO:
FROM:
DATE:
SUBJECT:
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-723
Agenda Memorandum for
December 19, 1995 City Commission Meeting
Carrie Parker
City Manager
Tambri J. Heyden~---~
Planning and Zoning Director
December 14, 1995
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:
An abandonment application for the additional 54 feet of Miner
Road that exists immediately north of the Waste Management
facility.
o
An abandonment application for a 25 foot wide easement that
exists for Miner Road.
o
An abandonment application for a five foot wide access control
easement that exists for Miner Road.
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.
o
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: 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 abovm a~ Now
conditions of the new Miner Road aDp!ication referenced in item 1.
TJH:dim
xc: Central File
a: CCAgABN2. Minor
[ .)CATION MAP
MINER ROAD R/W DONMENT
L IL
REC "'
RIAA R 3
RI
NOT
IN
CITY
'0
1/8
MILES
[ .3CATION MAP ~
MINER RO~AD R/W ABANDONMENT
,Il
REC
RIAA R 3
IAR RI
STATI
T
NOT
IN
CITY
---_~./
'0 1/8 MILES
~(~]II~ DMSION
M~MORANDUM NO. 95-465
December 4, 1995
TO:
FROM:
RE:
Sue Kruse
~Ci~[/~lerk
v.
ngineer
MINER ROAD ~~
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. Ail 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
Tambri Heyden
A: M.~NBH
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-627
TO:
FROM:
DATE:
SUBJECT:
Sue Kruse
City Clerk
Tambri J ngT---~
· Heyden
Planning and Zoni Director
November 30, 1995
Miner Road - ABAN 95-011
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 December
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 abutting property owners must be
received by our office by December 6, 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.
TJH:dim
a:leglnot2.min
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-625
TO:
FROM:
DATE:
SUBJECT:
Jim Cherof
City Attorney
Tambri J. Heyden'~~
Planning and Zoning Director
November 28, 1995
Miner Road - ABAN 95-~
Cedar Ridge PUD and High Ridge Commerce Park PID (buffer
easement) - ABAN 95-010
Boynton Beach Distribution Center (Miner Road access
control easement) - ABAN
Attached is an opinion of title submitted for the above-referenced
abandonment applications received from J. Richard Harris. As you
advised, I have now made this an abandonment application submittal
requirement. The survey submitted is on file in our office.
The public hearing for these abandonment requests is scheduled for
the December 12, 1995 Planning and Development Board meeting. Due
to the short time span to complete all the necessary reviews,
prepare legal notices, obtain advertising approval, and also the
time needed to advertise, please provide me written notice as to
whether the opinions of title are acceptable by December 4, 1995.
TJH:dim
Enclosure
XC:
Carrie Parker
Central File
a: Chero f. Miner
SCOTT
ROYCE
ATTORNEYS AT LAW
SCO~T, ROYCE, I-IA~ms, BRYAN, BARRA ~' JORGENSEN, P.A.
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
October 27, 1995
Dear Ms. Hayden:
I have been requested to issue an opinion 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 described parcels, I state as
follows:
ORIGINAL PARC~!.: That parcel descn'bed as the "original parcel" is dedicated
as the right-of-way for Miner Road by the Plat of Cedar Ridge, a P.U.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~ ~ described 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 purpmes by such Plat.
PARCEL 1: Parcel 1 is Tract S-l, 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 Commi,sioners of Palm Beach County for public
roadway purposes and is intended to be a part of the Miner Road right-of-way.
RICIIARI) K. B.IR~\ * JOItN 1_ BRYAN. IR. * tIARRY B BYRD · MARK P GAGNON
J. RICII.M~D tI.\RRIS * JOIIN M. IORGENSEN · DONNA A NADEAI!
~LXY31OND W ~,~YCL: · i~O[]EldT C ~COTT (1g25.1982)
4400 PGA t~¢)l'i liV,X~?l), SUITE $00 · ILXi.,~ [~I!ACII GARI)I{NS, FI.O~IDA 33410
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 Distribution 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 descn'bed to the City of Boynton Beach, its successors and a.~igns,
for it, its agents, tenant, 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.U.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,
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-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.
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-1 (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,
t LEGAL DESCRIPTION OF ,30' UTILITY EASEMENT
PARAMOUN¢ BOYNTON BEACH DISTRIBUTION CENTER
ENGINEERING GROUP
141 N.W. 20th. ST. SUITE F-7 PROJECT No: J ,..o. ISHE : l DATE:
BOCA RATON, FL. 334-31,(561)395-7805 2056 3.:35,:3 2 OF 2 I 4/22/96
LEGAL DESCRIPTION
..30 FOOT UTILITY EASEMENT
(SANITARY SEWER)
A PARCEL OF LAND (SAID ..30 FOOT UTILITY EASEMENT) LOCATED WITHIN THE
PLAT OF BOYNTON BEACH DISTRIBUTION CENTER, AS RECORDED IN PLAT BOOK
47, PAGE 100 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
SAID 30 FEET UTILITY EASEMENT BEING A NORTHERLY EXTENSION OF THE 30
FOOT (10' + 20') UTILITY EASEMENT AS SHOWN ON SAID PLAT OF BOYNTON
BEACH DISTRIBUTION CENTER THROUGH THE EASTERLY PORTION OF TRACT S-1
(MINOR ROAD);
BEGINNING AT THE NORTHEAST CORNER OF LOT 18 AND THE EASTERLY LINE
OF SAID PLAT OF BOYNTON BEACH DISTRIBUTION CENTER AND THE SOUTHERLY
LINE OF SAID MINOR ROAD;
THENCE NORTH 00'00'07" EAST (BEARINGS USED HEREIN ARE REFERENCED
TO SAID PLAT OF BOYNTON BEACH DISTRIBUTION CENTER AS THE NORTH
LINE OF SAID PLAT BEING S87'40'45" E), ALONG SAID EASTERLY LINE
OF SAID PLAT AND BEING THE EASTERLY LINE OF SAID 50 FOOT UTILITY
EASEMENT, A DISTANCE OD 54.04 FEET TO THE SOUTHERLY LINE OF THE
PLAT OF CEDAR RIDGE, A P.U.D. &: HIGH RIDGE COMMERCE PARK, A P.I.D.,
AS RECORDED IN THE SAID PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA
AND THE POINT OF TERMINATION OF SAID 30 FOOT UTILITY EASEMENT.
SHORTEN OR LENGTHEN AS NECESSARY THE WESTERLY LINE OF SAID ,.30 FOOT
UTILITY EASEMENT TO TERMINATE AT THE NORTHERLY OR SOUTHERLY LINES
OF SAID MINOR ROAD.
SUBJECT TO EXISTING RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-
OF-WAY OF RECORD.
DRAWN BY: M.D. ~ CHECKED BY: C.G.M.
REVISIONS DATE BY
SKETCH AND LEGAL DESCRIPTION
THIS IS NOT A LAND SURVEY