CORRESPONDENCE
SENT BY:
Iv '16--9.5
~0737S6011:# 1/ 3
13:20 :JOSIAS & GORE~. P.A. ~
JOSIAS & GO~EN, P.A.
3099 East Commercial Boulevard
suite 200
Fort Lauderdale, Florida 33308
(305) 771.-4500
Facsimile No. (305) 771-4923
DATE:
OctobQr 16, 1995
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RECIPIENTS FAX NO.
1-407-375-6011
TO: Tambri Heyden
FROM:
James A. Cherof, Esquire
This transmission contains
cover.
two (2) page(s) including this
FILE NO: 900182
FILE REFERENCE: Boynton Beach/General Matters
COMMENTS: Attached is a copy of correspondence to ~. Richard
Harris ddt&d October 16, 1995.
The information ecntClined in tnis fOCllllil~ message and the po;ts following lire ettorncy privi lOllod and
ccnfidentlal infonaation inttneOld only for the uso of tho indi~idual or Qntity nanod .bov~. :f th. ~tadtr of
this mes,.ge is not the intended rec;fpient. you '~t h~r.cy I'lOt!fi~ that any disullIinatlon, dflltributiC\r1 or copy
of this conmunicatic" is strictly prohibited, If y= ha",e rK"ei...ed this cClmIUnication in error, pl....
inmedilltely notify US by telephone and return the original IIIHSlIge to lJS It the above address viII the u.s.
Postal Service. Thalli( YO\!.
If any problems occur in receiving this message, please call this
office at (305) 771-4500. Thank you.
SE\IT BY:
11' ')-95
13:22 :JOSIAS & GOR~. P.A
JOSIAS & GOREN~ P.A.
ATTO"-NE;'fS /l1ooT LAW
SUITC 0:00
J09'01 EAST <:OM"'[ItCI""L BOULE"''''''O
FORT t"U!>ERD^Ln. FLORi!).... 3;);Wa
9TfllEN L. JOSI"'.
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4073756011:# 31 3
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Transmission via Facsimile only
october 16, 1995
J. Richard Harris, Esquire
Scott, Royce, et al.
4400 PGA Boulevard
suite 800
Palm Beach Gardens, FL 33410
Re: Lake Worth Christian School Society, Inc.
Abandonment Petition
Dear Mr. Harris:
I am in receipt of a copy of your letter of september 22,
1995, to Tambri Heyden regarding the issue of roadway dedication in
the Cedar Ridge P.U.D. and the High Ridge Commerce Park P.I.D.
unfortunately, your letter does not rise'to the level of the
type of opinion of title that I informed the Commission they must
have before proceeding with an abandonment. I find your conclusion
that the "dedication for public use has been accepted" to be
particularly without roundation. perhaps we can discuss this
matter further to explore other poss' . lities of obtaining the
results you des i.re. Please fee fre to ontact me.
J
JAC/.Lms
900182
LETTERS
HARRIS.LTR
cc: Tambri Heyden
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DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION MEMORANDUM NO. 95-370
".~.~-,
TO:
Tambri J. Heyden
Planning & Zoning Director
w~m ~ukill, P.E.
rjV~nglneer
September 26, 1995
FROM:
DATE:
RE:
FOREST COURT OWNERSHIP
I have reviewed the Harris letter dated September 22, 1995. His
opinion regarding ownership of Forest Court is a legal matter, not
an engineering matter. Mr. Harris outlines two ways roadway
dedication can occur, but does not cite governing statute. If he
is correct, we probably should require complete removal of gates as
they have no permit to my knowledge.
From a practical standpoint, the "fingers" of Forest Court
extending north should logically be privately owned, and the main
portion of the road should be public, without gates, with free
access to all. Since the plat is unclear, ownership is unclear.
I believe quit claim deeds for all of the "fingers" might
demonstrate our position more clearly than abandonment, but if
abandonment is pursued it should cover all of the "fingers", not
just the easternmost one.
WVH:ck
xc: James Cherof, City Attorney
Ken Hall, Engineering Aide
C:FORF};TCT.OWN
~
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SCOTT
ROYCE
@ ~~:: ~S~ 00:
ATTORNEYS AT LAW
SCOTT, ROYCE, HARRIS, BRYAN, BARRA & JORGENSEN, P,A.
VIA FEDERAL EXPRESS
City of Boynton Beach
c/o Tambrey Hayden
Planning and Zoning Department
100 Boynton Beach Boulevard
Second Floor, West Wing
Boynton Beach, Florida 33425-0310
RE: Lake Worth Christian School Society, Inc.
Abandonment Petition
..
Dear Ms. Hayden:
As requested by the City Council at its meeting of September 19, 1995, please
accept this letter as my opinion given to the City of Boynton Beach concerning the status
of Forest Court, dedicated by the Plat of Cedar Ridge, a P.D.D., and High Ridge
Commerce Park, a P.LD., Plat Book 46, at Page 58, of the Public Records of Palm Beach
County, Florida.
As you know, on behalf of Lake Worth Christian School Society, Inc., I have
requested an abandonment of Forest Court as established by such Plat. The portion of
Forest Court which is to be abandoned is a part of a roadway tract shown on the Plat
and designated as Tract S-4. According to the dedication on the Plat, the roadway tracts,
including Tract S-4, are dedicated to the City of Boynton Beach for roadway purposes.
The language on the Plat also indicates that the roads are to be the perpetual
maintenance obligation of the City.
~~
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It is my understanding that the City takes the position that it has never accepted
these roads for maintenance purposes. Further, it is my understanding that the City has
never formally accepted the dedication. However, it is my opinion that under Florida law,
there is a great difference between accepting roadways for maintenance and accepting a
dedication for roadway purposes.
The dedication for roadway purposes can be accepted in two (2) ways:
RICHARD K. BARRA' JOHN L BRYAN. JR. . BARRY B. BYRD' MARK P. GAGNON
J. RICHARD HARRIS' JOHN M. JORGENSEN' DONNA A. NADEAU
RAYMO~D W. ROYCE' ROBERT C. SCOTT 11925-J9821
4400 PGA BOULEVARD, SUITE 800 . PALM BEACH GARDENS, FLORIDA 33410
(407) 624-3900 . FAX (407) 624-3533
City of Boynton Beach
- 2 -
September 22, 1995
(1) By formal action of the City Council of the City of Boynton Beach; or
(2) By improvement and use of the public.
a::
The roadways dedicated by the Plat were certainly improved. Further, it was not until my
clients purchased the property that the roads were gated and public access to the roads
denied. As a long-time resident of the area, I am very familiar with the fact that these
roads have been used by the public since their completion. Therefore, it is my opinion
that the roads have been properly dedicated to the City of Boynton Beach for roadway
purposes and that, ~en thouRb the City of Boynton Beach ha~ fa ken no formal action to
accept the dedication for roadway purposes, the dedication for public use has been ,-./
~ q<.
Therefore, I am of the opinion that the public does have an interest in these , ,'~~
roadways that can and should be abandoued by the City of Boynton Beach. J. ,}' jlY"_
Should you require anjtbing further, please do not hesitate to contact me. p~ v6;' ~
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Jim Vaudc:nvoudc
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DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION MEMORANDUM NO. 95-370
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4
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TO:
Tambri J. Heyden
Planning & Zoning Director
w~m ~ukill, P.E.
(f4~ng1.neer
September 26, 1995
FROM:
DATE:
RE:
FOREST COURT ONNERSHIP
I have reviewed the Harris letter dated September 22, 1995. His
opinion regarding ownership of Forest Court is a legal matter, not
an engineering matter. Mr. Harris outlines two ways roadway
dedication can occur, but does not cite governing statute. If he'.
is correct, we probably should require complete remov~l of gates ?s .
they have no permit to my knowledge.
C:FORESTCT.OWN
From a practical s~andpoint, the "fingers" of Forest Court
extending north shou~d logically be privately owned, and the main
portion of the road should be public, without gates, with free
access to all. Since the plat is unclear, ownership is unclear.
I believe quit claim deeds for all of the "fingers" might
demonstrate our position more clearly than abandonment, but if
abandonment is pursued it should cover all of the "fingers", not
just the easternmost one. , ~
~ ~~~fi-f-)
. ;>f. ry / J ~ . 'Ij
xc: James Cherof, C1.ty Attorney Jfv r II (?c.~L.f C(,t""
Ken Hall, Engineering Aide LI~ ~ ~
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P.A.
SCOTT
ROYCE
ATTORNEYS AT LAW
Scorr, ROYCE, HARRIS, BRYAN, BARRA & JORGENSEN,
September 22, 1995
VIA FEDERAL EXPRESS
City of Boynton Beach
c/o Tambrey Hayden
Planning and Zoning Department
100 Boynton Beach Boulevard
Second Floor, West Wing
Boynton Beach, Florida 33425-0310
RE: Lake Worth Christian School Society, Inc.
Abandonment Petition
Dear Ms. Hayden:
As requested by the City Council at its meeting of September 19, 1995, please
accept this letter as my opinion given to the City of Boynton Beach concerning the status
of Forest Court, dedicated by the Plat of Cedar Ridge, a P.D.D., and High Ridge
Commerce Park, a P.I.D., Plat Book 46, at Page 58, of the Public Records of Palm Beach
County, Florida.
As you know, on behalf of Lake Worth Christian School Society, Inc., I have
requested an abandonment of Forest Court as established by such Plat. The portion of
Forest Court which is to be abandoned is a part of a roadway tract shown on the Plat
and designated as Tract S-4. According to the dedication on the Plat, the roadway tracts,
including Tract S-4, are dedicated to the City of Boynton Beach for roadway purposes.
The language on the Plat also indicates that the roads are to be the perpetual
maintenance obligation of the City.
It is my understanding that the City takes the position that it has never accepted
these roads for maintenance purposes. Further, it is my understanding that the City has
never formally accepted the dedication. However, it is my opinion that under Florida law,
there is a great difference between accepting roadways for maintenance and accepting a
dedication for roadway purposes.
The dedication for roadway purposes can be accepted in two (2) ways:
RICHARD K BARRA' JOHN L BRYAN, JR. . BARRY B. BYRD' MARK P. GAGNON
J, RICHARD HARRIS' JOHN M. JORGENSEN . DO~NA A, NADEAU
RAYMO~D W, ROYCE' ROBERT C. SCOTT (1925-1982)
4400 PGA BOULEVARD, SUITE 800 . PALM BEACH GARDENS, FLORIDA 33410
(407) 624-3900 . FAX (407) 624-3533
CITY ATTORNEY
PAGE 01
P".l
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PICZS
tHLD, P .A.
Conqre.. 8u.1n... Center
lalO Nor~h ConQr... Avenue, Sui~. 104
w..t Palm a..ch, 'lorid. 33.0~
T.lephone: CS61) e.'-28'.
~.o.lail.: (511) "4-'370
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1997 13 43 55137550~
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C ITV A HORNEY
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Ha. e LallaMa, lAval A..l.t.n~
If aDeM CITY A'1"J'ORNZY n~P%C~ _
o.nnla P. Koeblel", !8qulr~
w.JlQ7r ".olu~10ft No. .'7"'203 (ANnelo...nt of '0 t~ ~1p~-of-"'J
vi~l., lit. RIDeI OOMMDCI ,An PID an4 ceu aXI)G. POO
IUbcIlvia10n) - ..cru.at to cM'r.",~ leval c1e.G~1p~ion
~,. 1..t Friday .tternoon Co.CM.beZO 11), aft.er revS_i.", tb4t
packe._ of Publio he.ri", _at.rial. (ln~1u41ft9 tba r.r.ceftO~
.~n4on.eftt ".o~~tlon No. R9'.a03) that v.. earl1~ 'AXed to .. ~
10\11' Ioynton ".Ob City l~~t'n.y'. Off1oe, .Y Glien~ NI'. .1o..p 'I.
'..ile, Jr. noted an .pDaP."~ .rrQl in the 1.,.1 d..cr1ption for th.
zooadway ~r.~ (For..t Court) propo.~ tor aAnComa.ft'.
TOI
noJIJ
A~ la3' p... 1..t prida,. e".n1n9(l), you 1'0.<< a copy of the
orl,iMl pW,l.{o h.uoilUJ not1c.. on thl. .... utter C 1..".<< in AUfU.t
1"5) to... It lncluded the leqel 4eacr1,tion for th. abandon8eftt
tract in qu..t1on, You polnteo O\lt that. the 1.t7 PUbl.1o h..Z'in,
not1CJe Clon~1J\a ~IM .alfte le,a 1 d..or ip~lon .. the oa. prepared 1ft
AUtfUat 1"1, th.ft .,t.d if I .,.d Irlyth1." to .hOW tia. 811..-, enor.
'!'hi. .0I:n11\9, I rev1ewe4 Pa,. " of the or191nal, 19'3 l"eoordH
plat tor ~h. C..ar a14ge 'CD. Itappeara th.t the o~1,1n.l BXhib1t.
"A- pr.p~ed to IUpport the 1'" abandon..ftt r"olution va. in f.at
iftll!!ft~.a~. It l'.t.r~.tS to the lIal'~ 15 t..t of Lot ~S, rathc ~an ~.
CoZ'l'~, ~ 1G t..t ot that .am. ~t. 'YI, % ettach a .ke~Gb that
I ,r'''1'.4 till. .oJ:n1nl, 'aken tZOO1ft pave " ot the 1'13 plat. %1: ItlOW.
(1) the boundar.t.. of the So 37 acr. tra~ ~.t 1, .w.~'Clt to the t.vo
City C~l..ion O~d1n.noe. (NO.. '7-'4 and ".'8) ~.~ are propo..d
tor rl~._ r..41nv by ~ne City Commi..ion toao~~ow ~."1D1 (Dec~~
1'), .. vell a. . _bgwH 4rawn around ~h. IAal 75 t..~ of LOt 'I.
I r..peottully aU99,at that Exhibit itA" to ...olut-1on Jr.. ."-203
be lIoclitt..<< .00_41"911' to correct tb1. UTor.
By oopy of tbl. ..JltCra"dulI, I'. adV1atn9 eoNDOJIt IJfVI''l'IIIMT1 O.
THE p~ .~CRI', INC. attorney ~ic~ Herr1., .aq. and ~. ...11. or
~h1. ~..~ to aeke . ainor correctien 1n th. ebaadonaent
I"e.ol\l~i.ol\'. 1...1 cs..orlption. Hopetully, the .ehe4uled publio
h..rin.. on th.., ..tter. will proc..4 withoUt. furtft~ 4.1ay.
OPX/ft.
enol.
pen .101e Rarrl., "quire
Mr. Joeaph ,.. ".11e, Jr.
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City of Boynton Beach
- 2 -
September 22, 1995
(1) By formal action of the City Council of the City of Boynton Beach; or
(2) By improvement and use of the public.
The roadways dedicated by the Plat were certainly improved. Further, it was not until my
clients purchased the property that the roads were gated and public access to the roads
denied. As a long-time resident of the area, I am very familiar with the fact that these
roads have been used by the public since their completion. Therefore, it is my opinion
that the roads have been properly dedicated to the City of Boynton Beach for roadway
purposes and that, even though the City of Boynton Beach has taken no formal action to
accept the dedication for roadway purposes, the dedication for public use has been
accepted.
Therefore, I am of the opinion that the public does have an interest in these
roadways that can and should be abandoned by the City of Boynton Beach.
Should you require anything further, please do not hesitate to contact me.
JRH/kmb
cc: Jim VandeIwoude
rnm@uw~
MEMORANDUM
..
TO:
BULENT KASTARLAK, DIRECTOR OF DEVELOPMENT
FROM:
SUE KRUSE, CITY CLERK
DATE:
JANUARY 6,1998
RE:
RESOLUTION #R97-203, Exhibit "A" and Disclaimer
Attached please find copies of the above mentioned resolution and attachments which
were recorded in Palm Beach County on December 23, 1997.
C: Engineering
Planning
Files
mas
j: \shrdata\cc\wp\memos\kastarlak.doc
PLANNING AND
(INING DEPT.
rl~l'l ;
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lJ1ie City Of
'Boynton ~eacfi .
~. . .. 100 'E.# 'lJeadi 'lJoukvad
Q''' . p.o. 'BQ)(310
, '..-...~ .. \ 'Boynton. 'Be.adi, ~foriIfa 33425-0310
~. _ City 1faIl: (561) 375-6000
\~ ~JU: (561) 375-6090
Dec-23-1997 09:56a. 97-457827
ORB 10149 Pg 1174-
IO~""~~M"M~~~~~M"Q"MIDI.
CERTIFICATION
I, SUZANNE M. KRUSE, CMC/AAE, City Clerk of the City of Boynton Beach,
Florida, 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.
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
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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SUZ NNE M..KRUSE, CMC/AAE
City Clerk
December 18, 1997
.:;t~riul's (jattway to tfu (julfstrtam
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ORB 1.014'9 Pg 1175
l'i
RESOLUTION NO. R97-t:fft1g
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
ABANDONING A SIXTY (60) FOOT WIDE RIGHT-
OF-WAY, (LOCATED WITHIN THE HIGH RIDGE
COMMERCE PARK PID AND CEDAR RIDGE PUD
SUBDIVISION); SAID PROPERTY BEING MORE
PARTICULARLY DESCRIBED HEREIN;
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A DISCLAIMER FOR SAID
ABANDONMENT; PROVIDING THAT THE
ATTACHED DISCLAIMER BE RECORDED IN THE
PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; PROVIDING AN EFFECTIVE DATE.
, ,
; i
I
, ,
WHEREAS, the applicant, J. RICHARD HARRIS, ESQ., agent for
CONDOR INVESTMENTS OF PALM BEACH COUNTY, INC., has requested
abandonment of a Sixty (60') foot wide right-of-way, located within the High
Ridge Commerce Park PID and Cedar Ridge PUD subdivision;
WHEREAS, comments have been solicited from the appropriate City
Departments; and
WHEREAS, public hearings have been held before the City's Planning
and Zoning Board and the City Commission on the proposed" abandonment; and
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:
Section 1. The City C'Jmmission of the City of Boynton Beach, Florida
by and through its City Commission does hereby abandon a sixty (60') foot wide
ORB 10149 Pg 1176
right-ot-way, and more particularly described in Exhibit "A".
I
!
I! directed to execute and deliver the attached Disclaimer and cause the same to
II
'II
! be filed in the Public Records ot Palm Beach County, Florida.
Section.2.
The Mayor and City Clerk are hereby authorized and
Section 3. That this Resolution shall become effective immediately
upon passage.
PASSED AND ADOPTED this /~ day of December, 1997.
CITY OF BOYNTON BEACH, FLORIDA
~~<;:/ .
Mayor
.~~'~
Vic ayor
. -
Commissioner
Commissioner
~-\-._-
,h//- ~
s:ca\wp\Reso\Forest Court Aband.
ATTEST:
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ORB 10149 Pg 1177
EXHIBIT "A"
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 East 75' of Lot 35, Block 1
of said Plat.
Rtf'7cPc
ORB 10149 Pg 1178
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton
I
I 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 /$ day of December, 1997.
ATTEST:
~~~<2~
Su nne Kruse, City Clerk
CITY OF BOYNTON Bj;ACH, FLORIDA
STATE OF FLORIDA )
)ss:
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
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.
ORB 10149 Pg 1179
WITNESS my hand and official seal in the said State and County this
I ~ ~ day of D'ecember, 1997.
~~~
NOTARY PUBLIC, State of Florida
My Commission Expires:
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ORB 10149 Pg 1180
DOROTHY H. WILKEN, CLERK PB COUNTY, FL
EXHIBIT '"A"
That portion of Forest Court established and
dedicated by the Plat of Cedar Ridge, a P.U.O. & High
Ridge Commerce Park, a P.I.O., 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 East 75' of Lot 35, Block 1
of said Plat.