APPLICATION
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SCOTT
ROYCE
ATTORNEYS AT LAW
SCOTI, ROYCE, HARRIS, BRYAN, BARRA & ]ORGEN EN, P,A.
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September 22, 1995
Ms. Tambrey Hayden
City of Boynton Beach
Planning and Zoning Department
100 Boynton Beach Boulevard
Second Floor, West Wing
Boynton Beach, Florida 33425-0310
RE: Condor Investments of Palm Beach County, Inc.
Abandonment of Miner Road
Dear Tambrey:
In connection with our effort to abandon the right-of-way for Miner Road, I am
enclosing herein the following for your review and consideration:
1. Copy of Supplemental Warranty Deed dated March 28, 1990, recorded in
O.R. Book 6403, at Page 1215, from CSX Transportation, Inc., in favor of
the State of Florida Department of Transportation. I have also enclosed
that portion of the legal description of the Deed which pertains to the area
of the Miner Road dedication. You should understand that the recorded
Deed is approximately 300 pages long. The Deed is actually a conveyance
by CSX Transportation, Inc. of the entire Seaboard Railroad right-of-way.
As you can see from the enclosed Deed, CSX Transportation, Inc. has
reserved a perpetual easement for railroad purposes across that portion of
the right-of-way where tracks are maintained. Of course, the entire railroad
right-of-way abuts the right-of-way for Interstate 95.
Because the entire right-of-way is owned by the Florida Department of
Transportation, you can understand they are certainly not land-locked.
There are certainly hundreds of access points to the right-of-way from
publicly dedicated or privately granted easements or roadways. Certainly,
there is no concern that the Florida Department of Transportation is land-
locked.
RICI-\ARD K. BARRA. jOH:-I L. BRYAN, jR, . BARRY B, BYRD. MARK P. GAGNON
J, RICHARD HARRIS. jOH:-I M. jORGE:-ISEN . DON:-IA 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
Ms. Tambrey Hayden
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- 2 -
September 22, 1995
Copy of Warranty Deed from James H. Rollyson and Genevieve Rollyson,
his wife, conveyin~fto Florentine Marble Company, Inc., an ingress and
egress easement 30 feet in width, which connects the Florentine Marble..
parcel with Industrial Way, as established on the Plat of Boynton Beach
DistrIbution Center. I have attached to the Deed a copy of the Boynton
Beach Distribution Center Plat which shows in green the Florentine Marble
Parcel and shows in yellow the access strip conveyed by Mr. and Mrs.
Rollyson. Please note that in the Deed, Mr. and Mrs. Rollyson reserved
unto themselves a right of ingress and egress over the parcel conveyed for
ingress and egress.
Copy of Deed from Mr. and Mrs. Rollyson to Waste Management Inc. of
Florida, conveying a portion of the property indicated on the Boynton Beach
Distribution Center as "not platted. II I have attached thereto a copy of a
portion of the Boynton Beach Distribution Center Plat on which I have
indicated in green the approximate boundaries of the parcel conveyed to
Waste Management Inc. of Florida, and in yellow the easement conveyed to
Florentine Marble. Please note that Waste Management Inc. of Florida did
not receive a conveyance of the access strip identified in yellow.
I am enclosing herein a copy of Permanent Grant of Easement dated
October 25, 1993, from Waste Management Inc. of Florida in favor of Mr.
and Mrs. Rollyson. I have attached thereto a copy of a portion of the
Boynton Beach Distribution Center Plat and have indicated thereon in green
the easement 50 feet in width granted by Waste Management across the
property previously conveyed to them by Mr. and Mrs. Rollyson. Please
note that the easement 50 feet in width joins the easement reserved by
Rollyson and granted to Florentine Marble 30 feet in width, as indicated in
yellow.
I believe the documentation I have supplied indicates that none of the parcels of
concern are land-locked, as all have clear, established access to Industrial Way, as
established by the Plat of Boynton Beach Distribution Center.
5. I am enclosing a copy of Easement Deed dated August 13, 1976, from
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. This
instrument conveys an easement or a right-of-way 25 feet in width. I have
also attached a copy of a portion of the Boynton Beach Distribution Center
Plat which indicates in green the location of this easement. The easement
Ms. Tambrey Hayden
- 3 -
September 22, 1995
abuts the right-of-way for Miner Road dedicated by the Plat of Cedar Ridge
and High Ridge Commerce Park. Therefore, there is a dedicated right-of-
way 79 feet in width for a distance of 340 feet easterly from High Ridge
Road.
6. As you can see from the enclosed copies of the Plat of Boynton Beach
Distribution Center, there is a dedication of Tract S-l (Minor Road), as well
as a dedication of an access control easement 5 feet in width. This area is
dedicated from the point where the dedication by Mr. and Mrs. Taylor (25
feet) ends and runs easterly from that point a distance of 561.89 feet. There
is no additional dedication of Minor Road or Miner Road east of High
Ridge Road to the railroad right-of-way.
Because the entire right-of-way for the railroad is owned by the Florida
Department of Transportation, we felt it only necessary to contract the Florida
Department of Transportation concerning a possibility of a Miner Road fly-over of the
Interstate. We have made that inquiry and would anticipate an answer in the very near
future.
I am preparing additional petitions to abandon the right-of-way conveyed to the
City by the Taylors and the right-of-way established by the Boynton Beach Distribution
Center Plat. I will have those filed very soon. However, I wanted to provide you all of
the information I have concerning the additional rights-of-way established for Minor or
Miner Road, as well as the easements establishing that the parcels of concern are not
land-locked. If there is anything additional that I need to do at this time, I would
appreciate it if you would notify me immediately.
I thank you for your cooperation.
JRH/kmb
Enclosures
cc: Jim Vanderwoude
A P.I.D., according to the plat thereof recorded in the office of
the Clerk of the Circuit Court in and for Palm Beach County,
Florida, at Plat Book 46, page 58.
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Tambri He den
SPEED LETTER@
SUE KRUSE
Planning Director
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CITY CLERK
PLANr~H~G AtJD
ZON1NG DEFT.
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SUBJECT
- FOLD NO.9 or 10
MESSAGE
REPLY
City Commission Meeting - December 19, 1995
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AttR~hpn ;9 a copy of aa application requesting an access easement abandoment located
.
in Boynton Beach Distribution Center. The application was submitted by Condor Investmeni
Agent's name is J. Richard Harris. Please review and advise of your recommendations
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for approval or disapproval in accordance with Land Development Regulations, Article III;
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Section 4A(1) of the code. Please respond to this office with a copy to the Planning Dej
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by December 6, 1995. DA..t2/01/95 SIGNED~< ~./-'...-,,, ~
f L.IZ kS e S IE&;;'
STA-/~I~ lR~PD~rqJ-069
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1- FOLO fOR NO.9
1- FOLD FOR NO. 10
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DATE
SIGNED
SENDER: DETACH AND RETAIN YELLOW COPY, SEND WHITE AND PINK COPIES, RECIPIENT: RETAIN WHITE COPY, RETURN PINK COPY,
44-902. Triplicate
44-904. Quadruplicate
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Sue Kruse
Plannin Director
City Clerk
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SUBJECT
City Commission Meeting - December 19. 1995
FOLD NO.9 or 10
MESSAGE
AttAcht!d
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is a cOP) sf an application requesting the abandonment of a buffer easement
,
encumbering the S.25' of Lots 15 to 18. Block 2 of Cedar Ridge & High Ridge Commerce Park~
Theapplication was submitted by Condor Investments. Agents name is J. Richard Harris.
Please review and advise of your recommondations for approval or disapproval in accordanc
with Land Development Regulations. Article Ill. Section 4A (1) of the code. Please
respond to this office with a copy to the Planning Dept. by D ce ber 6, 1995.
DATE SIGNED
REPLY
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sr,4-p~ R,;:p{)~r q~- 010
FOLD FOR NO.9
FOLD FOR NO. 10
DATE
SIGNED
II WilsonJones@
SENDER: DETACH AND RETAIN YELLOW COPY, SEND WHITE AND PINK COPIES. RECIPIENT: RETAIN WHITE COPY, RETURN PINK COPY,
44-902. Triplicate
44-904 . Quadruplicate
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Tambri He den
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Sue Kruse
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City Clerk
Plannin
Director
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SUBJECT
City Commission Meeting - December 19, 1995
FOLD NO.9 or to
MESSAGE 1(6'11:: I
Attach~d is a COP) 0>> Oft application requesting the abandonment of a portion of Minor Rd.
Plat of Cedar Ridge & High Ridge Commerce Park. The application was submitted by Condor
Investments, Agents name is J. Richard Harris. Please review and advise of your
approval or disapproval in accordance with Land Development Regulations, Article Ill,
Section 4A (1) of the code. Please respond to this office with a copy to the Planning
Dept. by December 6, 1995.
DATE
12/1/95
SIGNED
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REPLY
f ~e-A-'C: -6~~ S0+FF- R.t::P()J(1
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FOLD FOR ND 9
FOLD FOR NO. 10
DATE
SIGNED
.. WilsonJones@
SENDER: DETACH AND RETAIN YELLOW COPY, SEND WHITE AND PINK COPIES. RECIPIENT: RETAIN WHITE COPY, RETURN PINK COPY.
44-902. Triplicate
44-904. Quadruplicate