CORRESPONDENCE
,,_~'~22/~~~lE lO,d! FAX 407 624 3533
SCOTI,ROYCE
~OOl
seOTI, ROYCE~ HARRIS,
BRYAN, BARRA
&
JORGENSEN, P.A.
ATTORNEYS AT LAW
"....-- ............
100 l~ (ill ~Dwrn ill
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APR 2 2 /997
PLANNING AND
ZONING DEPI
Ric/lard K. B...-ra
JoM L. Bryan, Jr.
J. RieUrd }-Jams
John M. Joqen:oell
Donna A. NlIdU\l
RAymond W. Roycl:
l<eYin M. Wagner
Robert C. S;:Olt (192S.198Z)
**'WJ..ECOPIER 'fRANSMlTI' AL..
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FOR TilE USE OF rIlE IIIPIVIDUAl OR ElTITY lIAMED A8OVE. IF THE READEll OF THIS flESSIIGE IS I/OT THE JII'JEII)9)
RECIPIENT. roo ARE .RES' IfOTJFIED THAT ",Y DISSEMIIlATI~. OIsTItJIlJTlDil 011 aJJY OF THIS CQIIUIICATlOII IS
STRICTLY PROII111TB>. IF YOO IlAVE RECEIVED -THIS CGIUlICATIOt III ERROa. PLEASE NOTIFY us I*EDJATElY .r
TELlPlIOIIE CCllLECr All) RETUIIIM rIlE OIUGUIAl MESSAGe TO us At THE ABOVe NlIlRl'$$ VIA T.~ U.S. POSTAL SUVltl. \IE
tlIll IEIMlJlJRSf .,.W FOR EXPENSES. THAIIK YOO.
4400 PGA BL VD" SUITE 800
PALM BEACH GARDENS, FL 3341Q
~
SCOTT
ROYCE
ATTORNEYS AT LAW
SCOIT, 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 Wmg
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-1 descnbed and dedicated on the
Plat of Cedar Ridge, a P.UD., and High Ridge Commerce Park, a P.I.D., 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 8-2.
Please accept this letter as a revision and amendment to the original Opinion of
Title. If you require anything further, please do not hesitate to contact me.
Very truly yours,
ill lli@rnnWrn rn
7 "",,-
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PLANNING AND
ZONING CEPT.
JRH/kmb
IOCHAIW K, BARRA' IOH:\ L BRYAN. JR, . BARRY 8, BYIlD . MARK p, GAGNON
), RICHARD HARRIS' jOHi'\ M, jORGEi'\SEN ' OC>>INA A, NADEAU
RAY~tOND \!:" ROYCE' ROBERT C. SCOTIlI925-1'l821
4400 PGA BOULEVARD. SenE 800 . PALM BEACH GARDENS. FLORIDA 33410
(407) 624-3900 . FAX (407) 624.3533
JDK;INBBRING DIVISION
MBMORANDUM NO. 95-465
December 4, 1995
TO:
FROM:
Sue Kruse
~CitY. Clerk
am V. Hukill, P . E .
, ngineer
MINER ROAD ABANDONMENT
RE:
We have received your request that we review several documents
submitted by J. Richard Harris appearing to request abandonment
of certain City property abutting landholders Condor Investments
of Palm Beach County, Inc.; Palm Beach County Department of
Engineering and Public Works; T.O. Fender; Waste Management of
Florida; J & G Rollyson; 0 & 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 ~he lesser included issue of whether the application is
complete, we do not think so. The City Land Development
Regulations (Chapter 22, Article III, Section 2, Page 22-6)
require, where possible, the "reason for the request";
certification that the abandonment "will not adversely affect
other property owners"; and verification from -each affected or
potentially affected utility company" that their interests are
protected. All of these requirements may have been satisfied,
but none of the required material was in the package you
submitted to us.
WVH:bh
Attachment - L.O.R. page 22-6
XC: Carrie Parker
Ta$ri Heyden
-':MUI.a
" ,j
SPEED LETTE~
TO
FROM
Mr. John Guidry
REeEtVEB-B-Ec 9 ~ 1995
Sue Kruse
Director of Utilities
City Clerk
SUBJECT
City Commission Meetina - December 19. 1995
FOLD NO.9 or 10
MESSAGE
Attached is a copy of an application requesting the abandonment of a buffer easement
encumbering the S.25' of Lots 15 to 18, Block 2 of Ced~r Ridge & High Ridge Commerce
The application was submitted by Condor Investments, Agents name is J. Richard Harris.
Please review and advise of your recommendations for approval or disapproval in accor<
with Land Development Regulations, Articl~ 111, Section 4A (1) of the code. Please
respond to this office with a copy to the Planning 6, 1995.
DATE .A;;If?///,.F
REPLY
No objection to buffer easement abandoment. However, the 10' utility easEm:mt IDJSt' remain.
FOLD FOR NO, 9
FOLO FOR NO, 10
DA~/2-7'-~.~~..ff
,;,~i~
. WlIsonJones. SENDER: DETACH AND RETAIN YEllOW COPY, SEND WHITE AND PINK CO~'ES.
RECIPIENT: RETAIN WHITE COPY, RETURN PINK COPY,
44-902 . Triplicate
44-904 . Quadruplic
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6 1995 lEJl
I
PLANNING AND -
ZONING CEPT.
I
NDU-28-'95 TUE 13:49 ID:FPL DRI DR
TEL NO:407-265-3162 FRXLINE ~229 P01
flL
Florida Power a. Light Company, P. O. Ball 2409, Delray Beach, fL 33441.2409
September 1, 1995
Tambrl J. Heyden
Planning and Zoning Director
Ctty of Boynton Beach
PO Box 310
Boynton Beach. Fl 33425-0310
Re: Forest Ct (#95-004) & Miner Rd (#95-005) Right of Way Abandonment
Dear Ms. Heyden:
FPl has no objection to the abandonment of the Forest Court right-at-way of as described
in your letter dated August 9, 1995
FPL has no objection to the abandonment ot the Miner Road rlght-ot-way of as described
in your letter dated August 14, 1995, provided that a utility easement is provided on the
east 160 feet of the road right of way.(See the area highlighted in yellow on the enclosed
/ drawing.)
~ If you require any additional Information. please call me at (407) 265-3104.
tJ n-t...'
Sincerely Yours,
************************ ****.~***
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A. G. Russillo. r.
Major Account Manager
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Co/~ S o#~ J2E(DU/~E/'4~ k.
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an FPL Group company
BELLSOUTH
TELECOMMUNICATIONS @
Room 501
326 Fern Street
West Palm Beach, Florida 33401
November 15, 1995
Mr. J. Richard Harris
Scott Royce Attorneys at Law
4400 PGA Boulevard, Suite 800
Palm Beach Gardens, Florida 33410
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
Corneas' Cablallision
01 Was' Palm Beach, Ine,
1401 Norlhpoint Parkway
West Palm Beach, Florida 33407
(407) 478-5866
(407) 686.9499 FAX
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~COMCAST~
November 8, 1995
Tambrey 1. Hayden
City of Boynton Beach
100 East Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425-0310
NOY 15 1~-
em OF BOYN;\ .
BEW~
CITY ('! Ei'\('(
()fC~"'~" ,
,. VI.
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,
I (~';;
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Dominique Aumais
Construction Coordinator
DAllvl
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SCOTT
ROYCE
PLANNING AfIlO ..
ZONING DEPt LrI'Y:;_
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ATTORIlEYS AT LAW
SCOlT, ROYCE, HARRIS, BRYAN, BARRA & JORGENSEN, PA
November 28, 1995
VIA HAND DELIVERY
Gary Lanker
City of Boynton Beach
Planning and Zoning Department
100 Boynton Beach Boulevard
Second Floor, West Wing
Boynton Beach, Florida 33425-0310
RE: Condor Investments of Palm Beach County, Inc.
Abandonment of Miner Road
Dear Gary:
In accordance with our discussion, submitted are the following documents m
connection with the abandonment petitions filed on behalf of Condor Investments:
~
1.
2.
3.
4.
Five (5) certified copies of the survey of the subject property;
Letter of authorization from Waste Management;
Letter from Southern Bell;
Letter from Paramount Engineering Group, as engineers of the FOOT,
concerning the tlyover issue;
Two (2) original signed petitions, together with copies, from the cut-outs you
prepared.
00.
,...,
.!!!
5.
.
.,.
-
I know that you have a letter from Corncast, and we are still waiting for letters
from FPL and FIo-Gas. I have spoken with Rusty at FPL, and he advises they received
our request in October; however, no work has been done in the last two weeks because
of the reorganization. I don't know what to do about that. He is trying to determine
when we will get a response. I have tried to contact Flo-Gas but, Mr. Pellico is out of
the office. I have tried all day to reach him on his mobile phone, which is the number
he left for me to call him at, but still no success.
RICHARD K. BARRA' JOHN L. BRYAN, IR, . IW1RY B, BYRD' MARK P. GAGNON
), RICHARD HARRIS' JOHN M, 10RGENSEN' DONNA A, NADEAU
RAYMO:-lD W, ROYCE' ROBERTC. SCOTI (1925.1982)
4400 PGA BOULEVARD, SUITE 800 . PALM BEACH GARDENS, FLORIDA 33410
(407) 624-3900 . FAX (407) 624-3533
-.---.........------.
Gary Lanker
November 28, 1995
Page 2
After reviewing the enclosed, please contact me to let me know what the next step
is and what further documentation the City will require. As always, we are most
appreciative of your assistance and cooperation in this matter.
Very truly yours,
Ka een M. Brandon
Real Estate Department
Jkmb
Enclosure(s)
_._--------------.__._.~
~
SCOTT
ROYCE
ATTORNEYS AT lAW
Scon, ROYCE, HARRIS, BRYAN, BARRA & JORGENSEN, P.A.
October 27, 1995
VIA HAND DEUVERY
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 oplDlon 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 descnbed 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 8-1, as 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 purposes by such Plat.
PARCEL 1: Parcel 1 is Tract 8-1, 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:-; L. BRYAX, )R, . BARRY B, BYRD. MARK P. GAGNON
J, RICHARD HARRIS. JOIl:-; M, JORGENSEN' DO:-;:-;A A, :-;ADEAU
RAY.\lO:-;D W, ROYCE. ROBERT C. SCOTT IIY2S-1982)
4400 PGA BOl'LEVARD, SUITE 800 P,\LM BEACH GARDENS, FLORIDA 33410
(4071 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 descnbed to the City of Boynton Beach, its successors and assigns,
for it, its agents, tenants, servants, visitors, and licensees, in common with all
persons having like right.
PARCEL 4: This parcel is a buffer easement dedicated for '1andscape 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.
~
JRHIkmb
Encl06ures
EXHIBIT "An
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.LD.,
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-I, 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,
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 I
Florida, at Plat Book 46, page 58.
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