LEGAL APPROVAL
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CER TIFICA TION
I, SUZANNE M. KRUSE, CMC/AAE, City Oerk of the City of Boynton Beach,
iFlorida, do hereby certify that Resolution #R97-203 consisting of two (2) pages and
: attached Exhibit "A" consisting of one (1) page is a true and correct copy as it
! appears in the records of the City of Boynton Beach, Florida.
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.Also attached is the original. disclaimer consisting of two (2) pages and Exhibit "A"
consisting of one page.
: This resolution and disclaimer were approved by the City Commission on December
i 16, 1997:.
: WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH,
FLORIDA, this 18th day of December, 1997.
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SU NE M. KRUSE, CMC/AAE
City Clerk
December 18, 1997
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WHEREAS, comments have been solicited from the appropriate City
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WHEREAS, public hearings have been. held before th.e City's. Planning
and Zoning Board and the City Commission on the proposed abandonment; and
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WHEREAS, based on the foregoing information, the said right-of-way no
longer serves any useful purpose.
NOW, THEREFORE, BE IT .RESOLVED BY THE CITY COMMISSION
OF THE CITY OF ,BOYNTON BEACH, FLORIDA, THAT:
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Section 1. The City Commission of the City of Boynton Beach. Florida
by and through it$ City Commission does hereby abandon a sixty (60') foot wide
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right-ot-way, and more particularly described in Exhibit "A".
Section 2. The Mayor and City Clerk are hereby authorized and
directed to execute and deliver the attached Disclaimer and 'cause the same to
be filed in the Public Records ot Palm Beach County. Florida.
Se~on 3. ,That this Resolution shall become effective immediately
upon passage.
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PASSED AND ADOPTED this /~ day of December. 1997.
CITY OF BOYNTON BEACH. FLORIDA
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ATTEST:
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ORB 10149 Pg 1177
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EXHlalT "A"
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That portion of Forest Court established and
dedicated by the Plat of Cedar Ridge; a P.U.D. & High
Ridge Commerce Park, a P J.D., according tQ the Plat
thereof recorded at Plat Book 46, Page. 58, of the
Public Records of Palm. Beach County, Florida,
abl.Jtting Lots 36 thro~gh 45, inclusive of Block. 1 of
said,plat andaputtihg the East 75' of Lot 35~Block 1
of said Plat. .'
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DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS thc;lt the City of Boynton
Beach; Florida, a municipal corporation, under the laws of the State of Florida,
does hereby abandon and disclaim a certain right-of-way, more particularly.
described herein as Exhibit "A".
IN WITNESS WHEREOF, .the duly authorized officers of the City of
Boynton Beach, Florida, have hereunto set their hands and affixed the seal of
the City this /8 day of December, 1997.
ATTEST:
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Su . nne Kruse, City Clerk
STATE OF FLORIDA
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COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority, personally appeared JERRY
TAYLOR and SUZANNE KRUSE, Mayor and City Clerk respectively, of the City
of Boynton Beach, Florida, known to me to be the persons described in and who
executed the.foregoing. instrument, and acknowledged the execution thereof to
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be their free hand and deed as such officers, for the uses and purposes
mentioned therein; that they affixed thereto the official seal of said corporation;
and that said instrument is the act and deed of said corporation.
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WITNESS my hand and official seal in, the said state and county this
L~-tk_ day of Oecember. 1997:
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NOTARY PUBUC, State .of F\orlda
My Commission Expires:
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DDROlWI H. WILKEN, CLERKPB COUNTY, FL
EXHIBIT -A"
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. That portion of Forest Court established and ;'
d. ediC8ted.. by.th~PlatofCedarRidg.. e. a p. .U.D. & igh
Ridge CQmmercePark, aP.tO.. according to the lat
thereof recorded at Plat aook 46, Page 58, of the
Public RecoF'(JS of PalmB~eh County, Florida,
ablitting lots 36 through 45, inclusive of Block 1 0
said Plat and abUtting the East 75'of Lot 35, Bloc 1
. of said Plat.
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TO:
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BULENT KASTARL~DIRECTOROF DEVELOPMENT
SUE<KRUSE, CITY CLERK
FROM:
JANUARY 6,1998
RESOLUTION#R97-203, Exhibit "A" and Disclaimer
Attached please find copies of the above mentioned resolution and attaclunents which
' were recorded in Palm Beach County on December 23, 1997.
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MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 10, 1995
Board recommended denial because the application was lacking
counter applications and because of a recommendation from the
Fire Department relative to retaining the right-of-way for future
use.
The City Commission tabled this item pending receipt of all the
abandonment applications.
b. Forest Court Abandonment - The City Attorney recommended'
that we require with this, and future applications, that the
applicant secure a legal opinion from an attorney regarding
ownership of rights-of-way. That legal opinion has been
submitted by Mr. Harris, and it is currently being reviewed by the
City Attorney.
c. Three Abandonments for Poinciana School - The City
Commission approved the three abandonments subject to staff
comments.
d. Master Plan for Grove Plaza - Tllis project was approved by the
City Commission subject to staff comments.
e.. Community Design Plan Appeal for Boynton Festive Center- This
appeal was for Hops Grill & Bar. The City Commission
supported the applicant's position and approved the project in
the way it was presented by the applicant.
f. Packaging Concepts - Use Approval and Site Plan Approval - The
Planning & Development Board discussed the possibility of
widening the road for tractor/trailer usage. However, the Police
Department retracted their comment relative to widening the
road following a site visit. With regard to the use approval, the
applicant raised concerns about the requirement for surety. This
item was handled under the DRI for Quantum Park.
g. Site Plan Approval for Boynton Estates - The City Commission
endorsed staff's recommendation relative to the name of the
project, and approved the site plan.
h. Main Street Car Wash - The City Commission approved this
project.
2
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
9---
SEPTEMBER 19, 1995
Mr. Harris has searched the public records to find the easements. He will be happy to document that
search.
Motion
Commissioner Jaskiewicz moved to table this item until we get the necessary documentation. Vice
Mayor Bradley seconded the motion which carried unanimously.
2.
Project Name:
Agent:
Forest Court
Richard Harris for Condor Investments of Palm
Beach County
City of Boynton Beach
Forest Court
ABANDONMENT: Request for the abandonment of
the Forest Court right-of-way
Owner:
Location:
Description:
Mr. Harris advised that the abandonment was one of the conditions imposed on Lake Worth Christian
School by the City Commission. This is the portion of the plat of Cedar Ridge that establishes Forest
Court on properties the school is acquiring. A question has been raised relative to the ownership of
the road. Mr. Harris has examined the title to the property and can provide the status of it.
Ms. Heyden does not feel there is a question about ownership. However, when the Engineering
Department reviewed the plat, the language was not clear. This issue was referred to the City
Attorney's office for an opinion. He concluded that in order to be absolutely clear, a title opinion
should be obtained. This was discussed with Mr. Harris, and he agreed to .provide that opinion on
Forest Court.
Mr. Harris advised that the dedication on the plat is to the City of Boynton Beach. The roadway is
marked as Tract S-4. Ms. Heyden agreed with Mr. Harris' remarks.
Attorney Cherof stated that if Mr. Harris will supplement his request with his opinion of title with
respect to the fact that it is the City's property to abandon, the requirement will be satisfied. Mr. Harris
agreed to provide that opinion in the form of a letter.
Motion
Mayor Pro Tem Matson moved to approve the abandonment of Forest Court right-of-way subject to an
opinion in writing from Mr. Harris of clear title and subject to staff comments. Vice Mayor Bradley
seconded the motion which carried unanimously.
VII. PUBLIC AUDIENCE:
lee Wis.che, 11025W_18 Stl'eet, requested clarification on the status of Taco Bell.
Mayor Taylor advised that the developer indicated that Taco Bell has withdrawn from the project.
12
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 19, 1995
1.
Project Name:
Agent:
Miner Road
Richard Harris for Condor Investments of Palm
Beach County
City of Boynton Beach
Miner Road between High Ridge Road and 1-95
ABANDONMENT: Request for abandonment of a
54 foot wide portion of the Miner Road right-of-way
east of High Ridge Road
Owner:
Location:
Description:
Richard Harris advised that there are a number of problems with this abandonment. He requested
direction from the City. The applicant has requested abandonment of a 54' wide portion of the Miner
Road right-of-way which is platted by Cedar Ridge and Congress Park. This is the north portion of the
Miner Road right-of-way between High Ridge Road and the railroad tracks. There is, by virtue of a
deed to the City in 1976, an additional 25' of right-of-way which runs from High Ridge Road about
340' east adjacent to this. At that point, there is 79' of right-of-way. To the east of that, there is a
stretch of property about 560' in length where an additional 54' was dedicated by the plat of Boynton
Beach Distribution Center. At that point, there is 108' of right-of-way. Staff recommended that the
applicant seek abandonment of the 25' as well as the additional 54' dedicated by the Boynton Beach
Distribution Center plat. There are a number of other issues. However, the applicant needs to file or
amend his petition so that the entire case is heard at one time.
There are other issues concerning certain parcels being landlocked by the abandonment of Miner Road.
Mr. Harris explained that there are existing easements. Three parcels were specifically mentioned by
staff. They are: 1) a parcel owned by the Rollysons; 2) a parcel owned by Florentine Marble; and 3)
a parcel owned by Florida Department of Transportation. With regard to the Rollyson and Florentine
Marble parcels, there are existing easements which supply access to those parcels to Industrial Way.
The Florida Department of Transportation parcel is more difficult. In his opinion, this parcel is included
in the 1-95 right-of-way, and does not abut the Miner Road right-of-way.
An issue was raised with respect to a possible flyover at some point in the future in order to allow the
Fire Department a quicker response time to the section east of 1-95. Staff recommended that the
applicant inquire whether or not FOOT and CSX would permit a flyover. Mr. Harris feels this is
unnecessary and has become aware of estimates of as much as $25 million to build a flyover at that
location. In addition, this location is highly impractical since .it is only .45 miles from the Gateway
Boulevard f1yover and additional right-of-way would have to be condemned for it. There is no right-of-
way available on the west side of 1-95. Also, the flyover would have to be elevated beginning at High
Ridge Road and that would cause problems for the landow':lers abutting it.
Ms. Heyden recommended tabling this abandonment until the other applications, which must be
submitted, have time to catch up with this application. With regard to the landlocking of the parcels,
verification would have to be provided for staff to review. This tabling will allow verification of
whether or not the flyover is permittable by DOT and C5X.
Mayor Taylor is not certain a flyover is realistic due to cost and proximity to the flyover at Gateway
Boulevard. He requested clarification regarding the landlocked parcels.
11
~001
12/02/97 TUE 16:08 FAX 407 624 3533
SCOTT,ROYCE
From: J. Richard Harris
To: Mike Rumpf
Company: City of Boynton Beach
Date: 12/1197
Time: 10:24 AM
FAX #: 375-6258
Message:
I am enclosing a copy of minutes of the meeting of 9115/95 at which the
abandonment of Forest Court was approved subject to conditions. I beHeve the
various agreements which were required as conditions were provided in
connection w.ith the Miner Road abandonment and there are no open
conditicn~. Can the resolution be adopted now?
Thanks for your help.
Rick
~.wo I-'Gi\ L;Oll,,"varri. SUit,. 800. Palm 8. dch Gardf'n:;. II 33410
VOICE: 561-624.3900 FA)(: 561-624-3533
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12/02197
TUE 16:08 FAX 407 624 3533
SCOTT,ROYCE
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MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
Mr. H~rrl5 h~s Sfi!arched the public ~ecords to find the elUements.
search.
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Motlo,n
Commissioner Jaskiewicz moved to (able this Item until we get the necessary documentation.. Vice
Mayor Bradley sE'conded the mo~io" which ca~rled unanimously.
2.
Project Name:
Agent:
Forest Court .,.
Ri<""hard Harris for Condor Investments of Palm
.Beach COlJnty
City of Boynton Beach
Forest Court
ABANDONMENT: Request (or the abandonment of
the Forest Court right-of-way
Owner:
Location:
Description:
Mr ..I:tirrls advised that the abandonment was one of the conditions imposed on Lake Worth ChristIan
School by the City Commission. Tnis is the portion of the plat of Cedar Ridge that establishes Forest
Court on propelties the school is acquiring. A question has been raised relatl",e to the ownership of
the rOfl.d. Mr. Hal'ris has examined the title to tne property and can provide the status of it
Ms. Heyden does nO[ feel there is a question about ownership. However, when the Engineering
Departmen[ reviewed che plat, ene langu., was not clear, This issue was referred to the City
Attorney's office tor an opinion. He concluded that in order to be absolutely dear, a title opinion
should be obtain!ld. This was discussed wlrh Mr. Harris, and he agreed to provide that opinion on
Forest Coon.
Mr.. Harris advised that the dedication on the ,plat is to the City of Boynton Beach. The roadway is
marked a5 Tract 5-4. Ms. Heyden agreed with Mr. Harris' remarks.
Attorney Cherof stated that if Mr. Harris will supplement his request wIth his opinion of title witn
respect to the fad tna~ is me City's property to abandon, the requiremeni will be 5atisfi.ed. Mr. Harris
agreed to provide that opinion in the form of a letter.
Malian
Mayor Pro Tem Matson moved to ippr~ve the abandonment of Forest Coun: right-of-way subject to an
opinion in writing: from Mr. Harris of clear ritl:e and subject to staff comments. Vice Mayor Bradley
seconded [he motion which carried unanimously.
VII. PUBLIC AUDIENCE:
le.e.,Ww::he, 13DLSW_t8.5trut,. requested clarification 01'1 the status of Taco Bell.
Mayor Taylor advised that the de....eloper ind,cated that Taco Sell has withdrawn from the projea.
12
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
SEPTEMBER 12, 1995
A gentleman in the audience asked if modification of the access points is going to be discussed
this evening. Chairman Dube advised him that it would not be discussed. He pointed out that
this matter was advertised in the Post. Another gentleman in the audience stated that what was
advertised in the newspaper differs from what is on the agenda this evening.
Chairman Dube welcomed everyone to stay at the meeting. Mr. Rosenstock advised them that
it is not this Board's responsibility to give out information regarding what the City
Commission is doing. He stated that what was in the newspaper, whether erroneous or
correct, is immaterial to this Board. He said this Board acts in an advisory capacity only. He
reiterated that the City Commission has already made a decision and that a technicality in the
State law requires it to come back to this Board. He advised that whether or not this Board
approves or disapproves, it does not make a difference because the City Commission is the
court of last resort. He also welcomed the people to remain at the meeting.
Chairman Dube declared a recess at 7:40 p.m. The meeting resumed at 7:49 p.m. At this
time, Chairman Dube acknowledged the presence of Mayor Jerry Taylor.
(2)
Project N~e:
Agent:
Forest Court
Richard Harris for Condor Investments of Palm
Beach County
City of Boynton Beach
Forest Court
Request for abandonment of the Forest Court
right-of way.
Owner:
Location:
Description:
Ms. Heyden reviewed Planning and Zoning Department Memorandum 95-477. Staff
recommended approval of this right-of-way abandonment, subject to the question of
ownership/acceptance being resolved, dedication of the easement requested by Florida Power
and Light, and completion/revision of the access agreement.
Mr. Rosenstock asked why this was brought to the Planning and Development Board if there is
a question of title. Ms. Heyden said there was not a question of title until recently. In
addition, the property owners have already been notified of this reque.t for abandonment. She
recommended that the Board let this application proceed, subject to ownership/acceptance
being resolved.
6
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
SEPTEMBER 12, 1995
No one in the audience wished to speak on this matter. Therefore, Chairman Dube declared
the public hearing closed.
Motion
Mr. Rosenstock moved to approve the abandonment of the Forest Court right-of-way, subject
to staff comments. Mr. Titcomb seconded the motion which carried 7-0.
(3)
Project Name:
Agent:
Owner:
Location:
Description:
N.W. 12th Avenue (Lincoln Avenue)
Agustin Hernandez
City of Boynton Beach
N. W. 12th A venue, west of Seacrest Boulevard
Request for abandonment of a portion of N . W.
12th Avenue, west of Seacrest Boulevard
Ms. Heyden stated that this item and the next two items are in connection with an expansion to
the Poinciana Elementary School. She reviewed Planning and Zoning Department
Memorandum 95-474. Florida Power & Light and Southern Bell had no objection to the
abandonments. Florida Gas Company had no objection provided an easement is dedicated.
Comcast has not yet responded. Staff recommended approval of the right-of-way
abandonment, subject to dedication of the easements requested by the utility companies and
any conditions contained within the forthcoming response from Comcast.
In response to Mr. Rosenstock, Ms. Heyden advised that the abutting property owners have
been notified of this request for abandonment, but staff has not received any responses from
them. She explained that the Director of Development, William Hukill, had no objection to
the abandonment, provided an agreement with the abutting property owner is received because
the holder from the school assumes that the right-of-way that will be given to the abutting
property owner will be used by the school. She stated that usually the property is split
between the property owners, but the school assumes they will acquire all of the right-of-way
that is being abandoned.
In response to Chairman Dube, Ms. Heyden stated that we would transfer the resolution to the
Property Appraiser's Office and they would give half to the person on one side and half to the
person on the other side. It will be incumbent upon the School Board to approach the abutting
property owner to acquire, by deed, the other portion of the right-of-way.
7
NOTICB OF PUBLIC HEARING
NOTICB IS HBRBBY GIVEN that a PUBLIC HEARING will be held by the
city commission of the City of Boynton Beach at city Hall
commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach,
Florida, on Tuesday, September 19, 1995 at 7:00 p.m. or as soon
thereafter as the agenda permits to consider an application
submitted by J. Richard Harris, Esq., agent for Condor Investments
of Palm Beach County, to abandon Forest Road right-of-way, more
particularly described as follows:
LEGAL DESCRIPTION:
That portion of Forest Court 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.
All interested parties are notified to appear at said hearing in
person or by attorney and be heard. Any person who decides to
appeal any decision of the City Commission with respect to
any matter considered at this meeting will need a record of the
proceedings and for such purpose may need to ensure that a
verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based.
CI'J.'Y 01' BOYNTON BBACH
SUZANNE M. KRUSB. CMC/AAE
CI'J.'Y CLERIC
(407) 375--6060
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PUBLISH: BOYNTON BEACH NEWS
AUGUST ~1. 1995
c:
City Manager. City Commission, Files, City Attorney
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MEMORANDUM
TO:
FROM:
Dale Sugarman, Assistant City Man~~O .
James A. Cherof, City Attorney ()~
porest Court/Cedar Ridge-Road Abandonment
Reque.t (Enqineerinq memo 95-342 and 95-321 I
September 13, 1995
RE:
DATH:
The prooess by which I would determine the ownership of a street in
the city is as follows:
1. Obtain a survey of the street.
2. Obtain a title opinion (ownership and encumbrance report)
from a title company. I would expect this cost to be paid from the
engineerinq department budget and not the legal department budget.
RECOMMENDATION:
provide 1 and 2 ~bove.
RATIONALE: The city should not underwrite this costly
determination reqardinq ownership when the applicant is the
ultimate beneficiary of the abandonment.
Require applicants for abandonments to
cc: Bill Hukill
900182.8B
MEMO
abandonment
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REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to
have a Legal Notice or Legal Advertisement published and must be
submitted to the Office of the City Attorney eight (8) working days
prior to the first publishing date requested below.
ORIGINATING DEPARTMENT: Planninq and Zoninq Department
PREPARED BY:
Gary Lanker
DATE PREPARED: Auqust 11. 1995
BRIEF DESCRIPTION OF NOTICE OR AD: Abandonment of Forest Court
riqht-of-way within the Cedar Ridqe PUD plat.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, section Placement, Black Border, etc.)
Standard Leqal Ad for a City commission public hearinq
September 19, 1995 at 7:00 p.m.
SEND COPIES OF AD TO: Newspaper, adioininq property owners,
applicant and Planninq and Zoninq Director.
NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk
DATE(S) TO BE PUBLISHED: To be determined bv City Clerk
APPROVED BY:
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(Department Hea~
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I (nate)
( 1 )
( 2 )
(City Attorney)
(Date)
( 3 )
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
a:legalnot.tor
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a City Commission of the CITY OF
BOYNTON BEACH, FLORIDA WILL CONDUCT A PUBLIC HEARING at CITY HALL
COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach,
Florida, on Tuesday, September 19, 1995 at 7:00 p.m. or as soon
thereafter as the agenda permits to consider an application
submitted by J. Richard Harris, Esq., agent for Condor Investments
of Palm Beach County, to abandon Forest Road right-of-way, more
particularly described as follows:
That portion of Forest Court 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.
All interested parties are notified to appear at said hearing in
person or by attorney and be heard. Any person who decides to
appeal any decision of the Board of Adjustment with respect to
any matter considered at this meeting will need a record of the
proceedings and for such purpose may need to ensure that a
verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based.
CITY OF BOYNTON BEACH
SUZANNE H. KRUSE
CITY CLERK
(407) 375-6062
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