CORRESPONDENCE
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MOTOROL INC.
April 26, 198
Mr. Herb Kahl rt, P.E.
County Engi ne r
Palm Beach Co nty Courthouse
P.O. Box 2429
West Palm Bea h, FL 33402
Dear Herb:
Several weeks ago, we discussed the issue of who has the responsibility
for the cost f turn lanes in the public right-of-way on 22nd Avenue,
on the north ide of Motorola's Boynton Beach site.
As we discuss
Treasure Coas
which Palm Be
Boynton Beach
sector is spe
turn lane imp
impact which
tax revenue g
be expected t
serve the sit
funds on Moto
were undertak
d, these improvements were specifically referenced in the
Regional Planning Council's DRI Assessment Report, into
ch County Commissioners has substantial input, and in the
DRI Development Order. In both documents, the public
ified as having the responsibility for the cost of these
ovements. Because of the tremendous positive economic
otorola will bring to the community in terms of job creation,
neration, etc., it was agreed that the firm should not
bear the costs of the transportation improvements needed to
The State Department of Commerce committed to provide
ola's behalf to ensure that the necessary improvemnets
n in a timely manner.
Because of th above background, Motorola is assuming that you concur
that the Coun y is responsible for the costs of these turn lanes, and
that appropri te arrangements are being made to finalize the design and
incorporate t e improvements into the Congress Avenue widening project
now underway. Thank you for your assistance on this matter.
Si ncerely,
L \ (l,\L\ lklL--
Mary Lou L-afkey
Manager, Facility Planning
and Sourcing
Receive
Date
"'e
Paging Products DiViSi~
8000 W. Sunrise BIVd'l Lauderdale, Fl.. 33322 . (305) 475.5000
.
CITY of
BOYNTON BEACH
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P. 0 BOX 310
120 N.E. 2ND AVENUE
BOYNTON BEACH, FLORIDA 33435
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August 21, 1981
Mr. Thomas J. Baird
Treasure Coast Regional Planning Council
50 Kindred St.
P.O.Box 2395
Stuart,Fla. 33495
Dear Mr. Baird:
Accompanying this letter you will find the
completed questionnaire which was sent to me with
respect to the Motorola DRI.
Please advise if you require any additional
information.
Yours truly,
CITY OF BOYNTON BEACH.
CSA:mpc :$
CC: Central File
Motorola
c~ Sc: (;1'-&.~
Carmen S. Annunziato
City Planner
J'1(l/t;M <'.. /~,:, /,;"7
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;
Board of County Commissioners
Frank Foster, Chairman
Norman Gregory, Vice~Chairman
Peggy B. Evatt
Dennis P. Koehler
Bill Bailey
County Administrator
John C. Sansbury
June 29, 1981
Department of Engineering
and Public Works
H. F. Kahlert
County En~jneer
Mr. Michael A. Holleman
Heery & Heery, Inc.
880 West Peachtree Street, N.W.
Atlanta, Georgia 30309
RE: MOTOROLA SITE PLAN AND DETAILS
Sheet #1 May 19, 1981
Dear Mr. Holleman:
Pursuant to our conversation, I am providing you with the County Engineer's
Office comments on the proposed Motorola Plant roadway improvements for
Congress Avenue and N.W. 22nd. Avenue.
They are as follows:
1. The South entrance on Congress Avenue should be 24' of
pavement (2 lanes) exiting, a 12' median and 30' pavement
(2 lanes) entering.
2. The North entrance on Congress Avenue should be 24' of
pavement (2 lanes) exiting, a 12' median and 24' of
pavement entering (2 lanes).
3. Each entrance should use flush header curbs (detail
attached) rather than 6" non-mountable curbs.
4. All site plans should indicate the ultimate right-of-way
lines for Congress Avenue and N.W. 22nd. Avenue.
Thank you for your continued cooperation in this matter.
Sincerely yours,
R"'i~d~. (;P;.~
Oate~ &'
Time /a'i<-
~ r' '-.S
OFFICE OF THE COUNTY ENGINEER
G. Haney Frakes, Jr., P.E.
Assistant County Engineer
GHF:HBS:nd
Copies: Alan Kurtis, P.E.,
Thomas Clark, City
Carmen Annunziato,
Director, Land Development
Engineer, Boynton Beach ~
City of Boynton Beach ~
BOX 2429
WEST PALM BEACH, FLORIDA 33402
(305) 684.2460
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Mr. Tom Clark
Boynton Beach
P.O. Box 310
Boynton Beach
r\-"'~
HEERY
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May 19, 1981
City Hall
T.
, Florida 33435
RE: Motorola Inc. \; ')9.
Dear Mr. Clark
In compliance with the .City of Boynton Beach E,reliminarv plat
regulations, please find attached supplemental drawings to those
submitted by Dailey Fotorney in conjunction with the Motorola
plat. The drawings consist of the following:
1. General site plan showing the property line,
easements,driveway cuts, and bike path.
2. One drawing containing the water meter
vault and details.
3. One drawing containing the lift station
4. Electrical drawings of the lift station.
If any further drawings or changes to these docuements are required,
please inform me at the eariest possible time.
Sincerely
HEERY & HEERY
~a~
Michael A. Holleman
Project Architect
Enclosures
cc:
Hr. Pete Chaney
Mr. Ray Ochocki
Mr. Jack Gesbocker
7916 a
Heery & Heery. Architects & Engineers, Inc.
880 West Peachtree Street. NW. Allanta. Georgia 30309.Telephone (404) 881-98801Telex 54-2165
CITY of
BOYNTON BEACH
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P. O. BOX 310
120 N.E. 2ND AVENUE
BOYNTON BEACH, FLORIDA 33435
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June 17, 1981
Mr. Michael Holleman, Project Architect
880 West Peachtree St., N.W.
Atlanta,Ga.30309
Dear Mr. Holleman:
On Tuesday, June 16,1981, the City Council approved
the Preliminary Plat for Motorola Planned Industrial Develop-
ment submitted for the Motorola Corporation subject to staff
comments:
Engineering Dept.:
Subject to Memo
City Planner:
Subject to Memo
Prior to submitting your Final Plat to the City
Engineer for review and approval by the City Council, all
staff recommendations and other materials listed above and
adopted by Council in their approval shall be provided.
If you have any further questions concerning this
matter, please contact me.
Yours very truly,
CITY OF BOYNTON BEACH .
C~0~
Carmen S. Annunziato
CSA:mpc City Planner
CC: City Manager
Bldg.Dept.w/plans & attrnts.
Eng.Dept.w/plans & attrnts.
Utility Dept.w/plans & attrnts.
Police Dept.
Fire Dept.
Parks & Rec.Dept.
Public Works Dept.
Central File w/plans & attrnts.
Energy Coordinator
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April 16, 19,31
Hr. ThomJs Clark, Ci ty Engineer
City of Boynton Beach
120 Northeast Second Avenue
Boynton Beach, Fl ?ri da
HE: Proposed Plat of /10torola P.1.D.
. Dear ~lr. Clark:
As discussed in our recent meeting concerning the I'.otorola, P.LD.,'
I ar.J requesting a Haiver of a "metes and bounds" type description
for the plat. I am doing so for the following reasons:
State of Florida Statutes, Chapter 177.041 Title Certification.
"Every plat of a subdivision submitted to the approving agency of
the local governing body must be accompanied by a title opinion
of an attorney-at-law licensed in Florida or a certification by
an abstractor or a tit-Ie company shOl./ing that apparent record
title to the land as described and shown. on the plat is in the
name of the person, persons, or corporation executing the dedi-
cation.... "
City of Boynton Beach Subdivision Regulations nrticle VIII.
Paragraph 13.f - Certification of Title
"The title certificate _shall state: (1) that the lands as described
and shown on the plat are in the name, and apparent record title
is held by the person, persons or organizations executing the
dedication...,.. "
Since these statefTl2nts are basically the same and govE'rn the preparation
of the plat, I think you can see the problem that would be created for
the person certifying to orinion of title if vie changed the description
used in the conveyance to I'\otorola (same is nOl'1 shown on our plat).
To quote experts (8rol'ln and Eldridge, Evidcnce and Procedures fOI"
Boundary Location)
"Once a description is written and a conveyance is made using
that de5cl-iption, no mattcr how [1oorly it was fi'.Jde, it is
rarely advisable to cliang2 it except by agreero.cnt deed bet\leen
the interested .adjoiners or by court order."
Further, I see no ambi gui ty in either the State statutes or the Boynton
Beach subdivision regulations concerning "description." Ileithpr set of
guidplines specifically states that only a "metes and bounds" description
may be shOlm on a plat.
.. . 101. So......;,;'ory'''''n.w.''''''...~'''.'J.o,.,Wlc..J..J..06.~'''JH6J..'''...
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Hr. Thomas Clark, City Engineer
Proposed Plat of t'lotorola, P.1.0.
IIp ri 1 16, 1 gill
Page 2
I believe tlle problem is in the wording of the Boynton ordinance con-
cerning description. In Article VIII, Section VI, Paragraph 0.3,
the terminology is a "full and detailed boundarl description....
The proper designation is land description and thus 1'lOuld encompass
the complete variety of descriptions \'Ihich occur in the deeds I~e
must survey.
Hhile J can see how Someone could interpret "boundary description"
as being a recital of cow-ses and distances, J think it I/ould be
ill-advised for the City of Boynton Beach to enforce such an inter-
pretation. After all, the rectangular land system (sections, township,
range) and the platting process \'Iere created to ease the problems of
conveying land and descriptions derived from these systems are much
preferable to course and distance type descriptions.
In the end, changing a proper description goes against the best training
of the surveying profession and is not in the best interests of the
public.
In addition to granting this waiver, J hope that the City of Boynton
Beach will examine the l'lording and interpretation of it's subdivision
regulations and further that it request opinions on this subject from
lll2r;1bers of the Florida Land Title Association and the Florida Society
of Professional Land Surveyors.
If I- l1'.ay be of any assistance, please contact me at your convenience.
Sincerely yours,
"lZTIY, C {
Ill" ,,;nee,i, ~>id,,,t
cc: Ray Ochocki /
Iii ke 11011 eman
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P.O, 80X 310
120 N.E. 2ND AVENUE
BO'tNTON BEACH. F'LOAIDA 33435
13051 734'8111
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CITY of
BOYNTON BEACH
Office of the City Manager
Mr. Michael A. Holleman
project Architect
Beery. & Heery
880 W. Peachtree street, NW
Atlanta, Georgia 30309
D~t'J _'--~
in,ej
[;CC0;'.rcrl
Time
RE: Motorola project
Dear Mike:
At its regular meeting. on June 2,1981, the city Council
approved the excavation permit for which y?U had applied as a
representative for Motorola.
The material attached to your letter of May 29, 1981, is the
plan that was approved by the city Council for this excavation
permit and should be the guide that is followed up until the time
that Motorola has completed the plat approval process.
We, obviously, are anxiously looking forward to the beginning
of activity on the Motorola site and cohtinue to stand ready to
assist you in any way that we can.
Sincerely,
CITY OF BOYNTON BEACH
'/0 .
/ ) y~ ,;J('~t /'
~ter L. Cheney /
City Manager
.PLC:jc
cc: Bud Howell
Tom Clark .
Carmen Annunziato ...--/
Central File
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CITY of
BOYNTON BEACH
~
~
P. O. BOX 310
120 N.E. 2ND AVENUE
BOYNTON BEACH, FLORIDA 33435
(305) 732-8111
Office of the City Manager
May 19,
1981 ~
. - CYVl,e.; L
Receive. /
Date-- ... - -~/-!} 1/ t7l
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Time _ --.----. ---
Inc.
Mr. Mike Holleman
Heery & Heery, Architects & Engineers,
880 West Peachtree Street, N. W.
Atlanta, Georgia 30309
Dear Mr. Holleman:
I am responding to some of the questions that we discussed at our
meeting on Thursday, April 30, 1981.
A. Letter from Nick Miller dated April 16, 1981. I have
discussed this letter with Tom Clark, City Engineer,
and can report that he is willing to accept a plat
with the information on it as outlined by Nick Miller.
B. Landscaping Requirements - When you prepare the site
plan, you can include typical landscaping that you
will be providing for the buildings as development
takes place so that the Community Appearance Board
can approve that as a concept and as a minimum.
Those typical landscape plans can then be made more
specific for each building when you get a building
permit for that building. We can run those more
specific. landscaping plans to the Community Appearance
Board at that time.
C. Indications of Road on the Plat - Normally at the time
of preliminary plat review, construction plans for
public improvements, including lift elevations, are
also submitted and reviewed at the same time as the
plat. Since, at the time you submit the plat, it may
not be clear exactly which pieces of roadway or access
lanes you are to build, if any, these things do not
need to be noted on the plat. However, the plat as we
discussed before will include an indication of the
utility easements to be given to the City for lift
station purposes. Greenbelts 'should be identified on
the plat.
Mr. Mike Holleman
Heery & Heery, Architects & Engineers, Inc.
880 West Peachtree Street, N. W.
Atlanta, Georgia 30309
Page 2
May 19, 1981
D. We have reviewed the DRI regulation and conclude that
toe "land development permit" and the "development
order" are really one and the same and not matters
with which we really need to be concerned. The normal
development review process and issuance of permits will
respond to these DRI terms and procedures.
I have not talked to Florida Power & Light Company yet concerning the
street lights, but as soon as I do, I will indicate to you how we
will deal with this matter.
Sincerely,
CITY OF BOYNTON BEACH
)
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. (/ [.r., r J
' eter L. Cheney
City Manager
PLC:mh
cc: Ray Ochocki, Motorola
Jack Gesbocker, Heery & Heery
Nick Miller, Dailey-Fotorny, Inc.
Perry Cessna, Director of Utilities
Carmen Annunziato, city Planner
Tom Clark, City Engineer
Edgar E. Howell, Building Official
(]9i1ey. F()iop~y, i~a.
land surveyors, planners, engineers
April 20, 1981
~)
Office of the City Engineer
City of Boynton Beach
120 Northeast Second Avenue
Boynton Beach, Florida
Attn: Mr. Thomas Clark
RE: Motorola Planned Industrial Development
Gentl emen:
In accordance with the subdivision regulations of the City of Boynton Beach,
we are submitting six copies of the preliminary plat of the above referenced
site for review.
Also enclosed is a check. for Fifty Dollars ($50.00) for the filing fee.
It is my understanding that two (2) sets of construction plans, when ready,
may be submitted at no additional expense.
In addition, I have submitted, under separate cover, a letter requesting
waiver of a "metes and bounds" type legal description for this plat.
Your consideration and attention during the process of preparing this plat
has been most helpful and is deeply appreciated. Should you have any
questions concerning the plat, please contact me at your convenience.
Sincerely yours,
i'lTll]L
Nick Miller, Vice President
enc:
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cc: Ray Ochocki
Mi ke Ho 11 eman
. . . 102' So. A4i1itary Tron. w.., Palm '-",FJoriclo.3J406. pS-J05196S-I1BT . . .
ll8iiey- F[JiO.~OX ioc.
land surveyors, planners, engineers
April 16, 19i1l
Mr. Thomas Clark, City Engineer
City of Boynton Beach
120 Northeast Second Avenue
Boynton Beach, Florida
RE: Proposed Plat of I~otorola P.LO.
Dear Mr. Clark:
As discussed in our recent meeting concerning the Motorola, P.I.D.,
1 am requesting a wai ver of a "metes and bounds" type description
for. the plat. I am doing so for the fol1owing reasons:
State of Florida Statutes, Chapter 177.041 Title Certification.
"Every plat of a subdivision submitted to the approving agency of
the local governing body must be accompanied by a title opinion
of an attorney-at-law licensed in Florida or a certification by
an abstractor or a title company showing that apparent record
title to the land as described and shown on the plat is in the
name of the person, persons, or corporation executing the dedi-
cat;on.~..1I
City of Boynton Beach Subdivision Regulations Article VIII.
Paragraph 13.f - Certification of Title
"The title certificate.shall state: (1) that the lands as described
and shown on the ~ are in the name, and apparent record title
is held by the person, persons or organizations executing the
dedi ca ti on. ....."
Since these staterrents are basically the same and govern the preparation
of the plat, I think you can see the problem that would be created for
the person certi fying to opinion of title if we changed the description
used in the conveyance to I~otorola (same is now shown on our plat).
To quote experts (Brown and Eldridge, Evidence and Procedures for
Boundary Location)
"Once a description is wri tten and a conveyance is made uS1ng
that description, no matter how roorly it was made, it 1S
rarely advisable to change it except by agreement deed between
the interested .adjoiners or by court order."
Furthel., I see no ambiguity in either the State statutes or the Boynton
Beach subdivision regulations concerning "description." Neither set of
guidelines specifically states that only a "metes and bounds" description
may be shown on a plat.
- ~~~.L.- '.~._.___'_LL._......._.J.. _R ~."'J" __....., .
;,.
Hr. Thomas Clark, City Engineer
Proposed Plat of f10toro1a, P.LO.
April 16, 1981
Pa ge 2
I believe the problem is in the wording of the Boynton ordinance con-
cerning description. In Article VIII, Section VI, Paragraph 0.3,
the terminology is a "full and detailed boundary description..."
The proper designation is land description and thus would encompass
the complete variety of descriptions which occur in the deeds we
mus t survey.
While I can see how someone could interpret "boundary description"
as being a recital of courses and distances, I think it would be
ill-advised for the City of Boynton Beach to enforce such an inter-
pretation. After all, the rectangular land system (sections, township,
range) and the platting process were created to ease the problems of
conveying land and descriptions derived from these systems are much
preferable to course and distance type descriptions.
In the end, changing a proper description goes against the best training
of the surveying profession and is not in the best interests of the
publ i c.
In addition to granting this waiver, I hope that the City of Boynton
Beach will examine the wording and interpretation of it's subdivision
re9u1ations and further that it request opinions on this subject from
members of the Florida Land Title Association and the Florida Society
of Professional Land Surveyors. .
If I may be of any assistance, please contact me at your convenience.
Sincerely yours,
~;{:~RNY. INC'L:
'i" Mill"'~~'id'"t
cc: Ray Ochocki
Mi ke Ho 11 eman
la