CORRESPONDENCE
'~'
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Bulenc K~steclak
Dire.:.::tor ()f De',;,., l.opme:'1t
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SPEED LETTER@
Sue K.~:use
C2i ~.:jl Cler k
- FOLD NO.9 or 10
SUBJECT Planning & Development Board l\leeting Sept 8, 1998
MESSAGE
A'C.tach2d
, c-
... .,
a :.copy at Notice o+: Aoar,;:lomnent: of U"t.ility .8asement.f,
\li t.hj.E P L.l t. of Golfvinv HeL"opur S,,-'c 2.
P2-east:: re".}"i~;-;lH an:1. ad'.Ti~;t' (.'tt:
your reco1'1m.encatioES for
~
ci.
ell
::>
c:>
..,
Section 4 cf the Hoyn::.on Beach COde of fjrdinance. :;!
approval 0r disapp~oval in accorda~ce with
Chap+-eJ:" :';;:-', Ax.t.~cle Ill:
Please respond to the Flanning Dept by Sept. 3. 199U I with a copy to
l.hi S 0.;': fic",~.
8/21/98
'1;
1/1\ .
I ' . j.
. 1'( O....(..:,UAJ
SIGNED' ~~r~
/
DATE
REPLY
Tb.~ Dep8.~tlaeTI t \.~:.
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- FOlC t:OR ,,~.~. 9
- FOLD FOR rJO ~3
. WilsonJones@
DATE
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, // /.'J
SENOER: DETACH AND RETAIN YElLOW COPY, SEND WHITE AND PINK COPIES. RECIPIENT: RETAIN WHITE COpy, RETURN PINK COPY
44-902. TriDlicate
44-904 . Quadruplicate
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. ENG 98-125
FROM:
Bulent I. Kastarlak
Director of Development
Ken Hall @
Engineering --pran Check Inspector/Technician
TO:
DATE:
August 25, 1998
RE:
ABANDONMENT OF UTILITY EASEMENTS WITHIN PLAT OF
GOLFVIEW HARBOUR SECTION 2
Engineering recommends approval of the subject abandonment. These are the easements within
the proposed A.R.C. (American Retirement Communities) site at the SE corner of Congress
Avenue and SW 23rd Avenue.
KRH/ck
C: \Iy Dllculllcnts .\handllnlllcnt- (;llll\icw lIarhllr 2nd Scctl<lIl (.\.R.C).dll':
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Development Board 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 8, 1998, at 7:00 p.m. to consider the abandonment and vacating of utility
and drainage easements lying within a portion of the plat of Golfview Harbour 2nd Section as
recorded in Plat Book 27, Page 47, and recorded in the replat of Golfview Harbour 3rd Section,
as recorded in Plat Book 30, Pages 119 and 120, of the Public Records of Palm Beach County,
Florida, submitted by the City of Boynton Beach. Said easement is more particularly located
within:
BLOCKS 16 AND 18 OF THE PLAT OF GOLFVIEW HARBOUR 2ND SECTION",
(REPLATTED AS TRACT 4), RECORDED IN PLAT BOOK 27, AT PAGE 47,
THE CAPTIONED PLAT BEING A PARTIAL RE-PLA T OF THE LA TIER PLAT,
AND RETURNING SAID BLOCKS 16 AND 18 (AS WELL AS OTHER LANDS)
TO ACREAGE AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
All interested parties are notified to appear at said hearings in person or by attorney and be
heard. Any person who decides to appeal any decision of the Planning and Development
Board or City Commission with respect to any matter considered at these meetings 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
PLANNING AND ZONING DIVISION
(561) 375-6260
PUBLISH: The Post
August 24, 1998
\\CH\MAIN\SHRDATA\PLANNING\SHARED\WP\PROJECTS\LEGALNOT FOR 9-8-98 P&D.DOC
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 98-255
TO:
Sue Kruse
City Clerk
FROM:
j"'7<.J-"?___
Michael W. Rumpf
Acting Director of Planning and Zoning
DATE:
August 19, 1998
RE:
Plat of Golfview Harbour 2nd Section
Abandonment (utility and drainage easements)
A legal advertisement for same has been prepared for the September 8, 1998 Planning and
Development Board meeting and the September 15, 1998 Commission meeting and will be
forwarded to your office after review by the City Attorney.
This item has been partially initiated by our City Attorney, who forwarded to me responses,
already collected from utility providers (see attached).
MWR:bme
s:\projects\LEGALNOT FOR 9-8-98 P&D
07/;(1/3: 1~:5~
!..iPE DJ~, :NG ~ 561 753 B2~O
NO.416 ~e(ll/cX'!.
@ 8ELLSOUrH
---------~~.
BIIIScu," T.I.commulllC 1:lon,. Int.
'bem ~c~
~,6 r3rr 5::;1'11
Wt;: F'n'", Du~r.rl, =\."c. J1~]1
July 30, 1998
Mr. Scott vV. Alexander, PSM
Project Manager
460 Business Park Way, Suite 0
Hoyal Palm Beach. FL 33411
RE: American Retirement Corporation Construction Site
Located within Block 18. together with the utility easement
lying between L.ots 35 and 36, Block 16, both located within
that portion of the Plat of Golf View Harbour 2nd Section
(P.B. 27. Pg. 47, P.B.C.R.) as replatted in Golf View Harbour arcs
Section CP.B. 30, P.G. 119, P.B.C.R.)
Dear Mr. Alexander:
BellSouth has no facilities in this easement and therefore has no objection to U1e
abandonmont. If you have any questions, I can be contacted at 561-837-8404.
Yours truly,
A~
~.MaYern~
Project Manager
;]1" : FFL EO':!'~ SVC Ft.HH. LNG
PHQ,E 'D. : 561 742 2916
':1.41. 29 :.398 02: :~r-.r" ~::.
...
.
I=I=L
Florid" Power & light Ccmpany. 9JZ9 S. Milillry ThUi. BDvnton. rL 330m
07/29J98
TO WHOM IT MAY CONCERN,
THS LETTER IS TO ACKNOWLEDGE THE PETITION TO ABANDON THE UTIU-Y
EASEMENTS, LYING IN ALL OF BLOCK 18, TOGETHER WITH THE U-;ILlTY
EASEMENT LYING BETWEEN LOTS 35 AND 36. BLOCK 16. LOCATED IN A
PORTION OF THE PLAT OF "GOLF VIEW HARBOUR 2ND SECTION, AS RECOROED
IN PLAT BOOK 27. PAGE 47. AND RECORDED IN THE REPLAT OF GOLF VIEW
HA~BOUR 3RO SECTION, AS RECORDED IN PLAT BOOK 30. PAGES' 19 AND 120.
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AFTER
REVIEWING THE DOCUMENTS AND INVESTIGATING THIS SITE, FPl OOES NOT
OBJECT TO THE PROPOSED ABANDONMENT OF THESE UTILITY EASEMENTS.
7HANK YOU FOR YOUR COOPERATION,
KEVIN COYLE (55'i )742-2026
~/!14
.FPL DISTR!BUTION OPERATIONS TECH.
BOYNTON BEACH
O;-/;!.l::Z 16:2i
~El733c1769
FAXED TO. (561)753-0290
Mr. SCOl.~ \V. Alex~ndcr, PSM
Dennis J. Leavy & Ass~c.
460 Business Park \Vay
Suite D
Royal Palm Ileach. FL 33411
- . '- ~
FPU ~ DEPf
PAGE oJl
Florida
Public
Utilities
Company
P. O. ilmc3395
West Palm Beach,
FL 3J.102~3395
July:W, 1998
RE. Amencan Ret:rement Corporation Construction Site
Dear Mr. Alc,,:ander.
Please be l\dvi~ed that Florida Public Utilities Company has no objection to the aballdomne.l.
ofthe existing I C' easement described in your letter.
At :he present time, we have no underground gas di~tr.bution facilities located wiUlin the
lunits ofttle proposed abandonment. .
z;r
David E. PeUico
Division Enbrineer
"'
,
\
\
f/r_':~~::l
_____4 __. .__
l"'.~=-
-29-98 15.15 FROMICOMCn~T AOVERTISINC
101561 2..7 77'18
P^~E :,..=
1100 NOlthpOint Parkway - Suite 200
West Palm Such, n 33407
Wednesday, July 29, 1998
Scott W. Alexander, PSM
Project Manaser
Dennis 1. Leavy &. Assoc.
460 Business Park Way - Suite D
Royl\l Palm Beach, F133411
RE: Letttr of non-entroacbmtnt
i.e. American Retirement Corporation
ConsH'UCtlOn Site
Dear Mr. Alexander, PSM:
In reviewing your request Ort the above ret: project, Comcast has no objeetiolU
nor conflicts v.ith your proposed plans and does not encroach onto our easements or
othuwise interfere with the provision ofservke to our customers.
Should you have any other questions, please fool free to cau me at 1-561-227-77431 Fax
Numbers - 1-S61-Z'-7-7746 I e-mail leonard_maxwel1@comcast.com.
Sincerely,
\.,
n~ c...Ju2-~
Leonard Maxwell
Permit Adjustor
7/29/98 2:48: 14 PM
ec: Joe Casauntl . Director of Technical Operations
Scott Swendner - Project Manager
Dom AwnAis - Construction Coordinator
~oah Darby - Engineering Coordinator
Boynton Beach Draw
File
JUL-;Q-9a THU 10:08 AM ADELPHIA
FAX NO. 56] 218 9322
D i.1!
Adelphi"a
I S95 SW 4th Ave
,'iClrc::y 8ear.h, FL 3:}11l4
Phone (561) 272-2522
F~x (561)272-8770
Juiy 30, 1998
Dennis J. Leavy & Assoc.
L.al~d Surveyors/Mappers
, 460 Business Way; Suite 0:
Royal Palm Beach. FI. 33411
Attn: Scott w: Alexander
RE: American Retirement Corporation Construction Site.
All of the utrllty easement located within Block 18, together with the utility
easement lying between Lots 35 and 36, both located within that portion of
tho Plat of GolfVtew Harbour 2nd Section (P.B. 27, Pg. 47, P.B.C.R.) as
roplnlted in Golf View Harbour 3rd Section(P.8. 30, Pg. 119, P.D.C.R.).
Dear Mr. Alexander:
Please consider this retter, Adelphia's lelter of no objection to :he abandonmem of the
above referel1cec:l easements.
Please forward all future plans with rep,atted easements to Adelpl1ia as soon as they
are availao)c.
If you have any q~eS~tcns regarding this Jetter, please contact me at 561-272-2522,
Si~
~ine McEnroe
Cor.struction Supervisor
JD\1/rnf
"J - .1' .0 . --
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"". _...,...v. o.;M ....,____. ow..... a__
IJEN. ..:) J. LEAVY & ASSv~.
LA.'IO Sli~VEYO~S · MAPPERS ~ -'---~-L
~l
jui~ olD, 199/t
T c1~n'XIi;t CD.
3020 JII&/\ RJdS~ RO:1<f
Bvynw:l BC.1c:h. FL 33426
IU:: American Rctirtlllcnt Corporation Con~lruction Site
Tc whom It 111(1:' CQllcc:m:
With rc.si~t to :hc propos.:<l abJadonment or:
aU of Ih" utility C;-;lSUU.:nt located \\irrin Block 18, togcthrl' with the utilit}" easement :~il\g hclwe~1t l...,ts :;;; ~nd
36. Block 16. bo~h located \\ithil1lhac ponio:l O{tJiC Pht oCGolfView Hlllbour 2nd Section (PH 27 p~~ .17
P.9 C.R.) il3 reploLted in Golf View lIarbour 3rd SCtlion (P.B. 30. Pg. 119, ?B.C.R.) aL tbe soulh~"SL CIJ!';l~r
oiCongrcs5 A"Cllue nud Golf Rood, Boynton DeAcb, l'1orida,
,..~ offer the fo!lm"illg st8lCQ1.;m:
4GO Ouslncss ;;ar~ Way. Suite D . r10yal Pairn Beach. FL 33411 .561-753-0650 . rax. 5~1 .7~3-r:<?'"J~
TO
rnl~rr;~aW~[ID
FROM
N.626~
_~John ~uidr~____ ______ AU~-.2 jJ998
Utili ty Director BOYNTON BEACH
-----~-~-- -- UTILITIES.----
PLf~NN1NG P,ND
ZON!i';G Q~PT.
SUBJECT Planning ..&.....D..evelopmen.t__Board Meeting. Sept. 8,.l9.9.-8-___.
FOLD NC 9cr iJ
MESSAGE
Attached is a copy of Notice for Abandonment of Utility Easements
within Plat of Golfview Harbour Sec 2. Please review and advise of
g
your recommendations for approval or disapproval in accordance with i
------ ----- -------~-------------.-----------~-------- -----"-------- --- ~- ~
Chapter 22, Article Ill, Section 4 of the Boynton Beach COde of Ordinance,~
_____ ._._ __._ __.__.~____.__..__.______.___._ ___'___~____'_n____________~____~_'____ ~
@
Please respond to the Planning Dept by XH1J Sept. 3, 1998, with a copy ~
________.._____ __ ________ _ ~..._______ ________ ___ __________ .__ __.__ ___~_.____ _ .______~.____~_ 0
~__.t~this_off_ic-=.__ _ ~..DATE__~n._._S1."'D~_~~- i
- -,.- -~ -- ;-
REPLY ~
'"
"
<=
-----------._--- -~------ -- ~
u
NO OBJECTION
FL['FCr::~,j.i :i
"c<,.":.u ~.~ ~._~ = ._ .__-==~,~ ::-fu~1~ ~~~ SO:~ED-- ... 0
::i:N[1f!1. f)CBLH "';',~1 HL' ~". : :___....- .:' P', :':;,~::: ;:.iH. ,;: ;"\'j ,c,;:-. ~~C~-'::S r.o(;iPlH~;' ,i~i~'~J :t~ft~u.,._.r~\tipf~"'oyUti14~~904r.~~'Dtl,: ~~etor
. I.1Lal. Ll'-"~'JI
. WilsonJones",
;.I'fg.Il;.llrf~tmli'nm!!lill~'MI!lminllm~~I~, .
From: . . '" Lamanna, Rosemarie.
Sent: Friday, August 07, 19989:18 AM
To: Rumpf, Michael
Subject: RE: Golfview Harbour Abandonment
They have letters in their correspondence from other utilties, FPL, etc., I will
make a copy of what I have and forward it. Jim said the application needs to be
made by the City and that if we don't proceed with this, we can be facing a
lawsuit. I'll have April copy our file and get it to you this morning.
-----Original Message-----
.&mm.#;!.......Rg.mpfj,.III"ie....:
Sent: Friday, August 07, 19989:13 AM
To: Lamanna, Rosemarie
Subject: RE: Golfview Harbour Abandonment
That would mean I need it on the P & D Board agenda on August 25th in
order to occur prior to final reading to planned for September 1st?
Is their complete application?
Have or will all respective utility providers be informed and solicited for
comments ( or do we know that other providers have no interest)?
Will adjoining property owners be notified?
Your friend,
Curious George Mike
-----Original Message-----
I Fron1'~ ~n1'~nnajiiBpsem""I!K:.
Sent: Friday, August 01,1998 9:06 AM
To: Rumpf, Michael
Subject: Golfview Harbour Abandonment
I don't know if Jim has spoken to you about this matter. I have all
the baCk-up in my office and it will be forwarded to the Clerk for
the 8/18 agenda. Jim said we needed to do an abandonment on
these utility and drainage easements and it must be done by
Ordinance and not Resolution. He said to put in on the First
Reading on the 18th and that by Second Reading the Planning
Department (Board) would catch up to it. Hope that means more
to you than it does to me. Attached is a copy of the Ordinance and
Disclaimer.
<< File: Golfview Harbour Aband.doc >>
AUG-a4-~e TUE 11:29 AM DENNIS J. ~EAVY & ASSOC. ~61 7~~ a290
P.01
FAX TRANSMISSIOll'T ~ (ft) ~!
DENNIS J.. LEAvY & ASSOCIATES,L'lc. ~ ~ ~ ~ n \Yl ~ r: I
460 BUSI"ESS PARK WAY, SUITE 0 i
ROYAl.. ~AL.M BEACH, FLORIDA 334 I I _ 7 InnO U
~HONE: (56, ) 753-C6S0 ,.. ~....J
FAX: (56 I) 753-0290
;
:;~ .:;
PlANNING ANO
ZONING OEPT
To:
~1r. James Cherof
Date:
August 4, 1998
II, including tlus cover sheet.
Fax #:
(561) 375-6054
(95'1) 771-4923
Pages:
From:
Scott W Alexander
Subj eet:
AR.C. of Boynton
CO\1MENTS:
Mr Cherof,
Please see attached.
ce. Bulcl1l Kll5tarlak, Director of Dcvelopmcnt, w1cnc.
Les Matlhcws, for AR.C. , w/enc.
Laura Li11coln, Bass. Berry & Sims, .w/ene.
Charles Elliot, R J. Griftln & Company, w/o ene.
-I1-lE INF"OR,,"1A'TION C:JI'ITAI'JEO IN 11-115 TR,A.,...SMI5SION 15 CONFlDENllAL AND INl'aolDe:D ONLY rOR THe: .JSE Or THE
ABOVE NAMED PAR',Y. IF' THE: RE:JIPIENT OF TrllS "TRANSMISSION IS NOT THE INTENDEO P.Il,RTY. YOC ARE HE!'iE.BY
NonAED 1HAT ANY ~ISSEMINAT10N, DISTRleLrlON OR COPY OF'THIS COMMUNICAl'ON IS STRICT1..Y PROHer-ED
IF" YOI.; >-lAVE RECEIVED THIS COMMUNICATlON IN ERROR. PLEASE NO'TIFY US iMMEDIATEL ~ THANK you
AUG-04-~8 TUE 11:~0 AM DENNIS J. LEAVY & ASSOC. ~61 7~~ 02~0
P.02
DENNIS J. LEAVY & ASSOC.
LAND SURV~YORS · MAPPERS
August 4_ I99X
Me James Cherot: Cily Attorney
City of Boyntoll Beach
100 E. Boynlon B~ach
BO)11ton Bctlch, FL 33425
RE: American Retirement Corporation (A.R.C.) - Boynton Site
Mr Cheref:
The above mentioned pcojQ.,"t is currently in progress at the southeast comer of Congress A venue and Golf Road
in Bo~nton Be8ch Our client anticipates reCel\'ing thcu conslruction permit in the very near future.
Having said that. there is a situation at hand that could develop into something much more serious than nl
present We have condt:cted a boundary survey for this site and based 011 our research, we believe that certain
ulility casement~ ex.ist on this site. These easements are configured such, that they lie directly under proposed
buildings for this project. The following statements are the basis for this belief;
1. Golf View Harbour 2nd Section liS recorded in P.B. 27. Pg. 46, P.B.C.R., has dcdiclluon
COllt8Uli.llg the sentence "The thoroughfares and waterWays as shO\m. are hereby dedicated tc
the perpetual use of the public for proper purposes together with the use of easements for
construction and maintenance of utilities and drainage."
2. Subsequent to the replat (Golf View Harbour 3rd Section) as recorded in P.B. 30, Pg 119,
P.B.C.R., the City of BO)"11 ton Beach passed Resolution No. 75-LLL (ORB 2472. Pg 1595.
P.B.CR) vacatmg and abandoning portions of roadways in Golf View HarbOtlr 2nd Section
Thls vacation would suggest roadway existence and by extension, the continued existence of
said easements
3. Afkr numerous COI.wcrsatiOl1., with other surveyors, la.....yers, City of Boynton Beach statT and
represellt:nive5 of the client, it was decided to engage the senices of attorney Alvin S. Sherman
tor the purpose of obtaining a fonnaJ legal opinion regarding the existence of these easements
The wTinel1 opinion, a copy of which is attached, specifically agrees v.ith and funhcr supports
the ex.istence of these easements.
Ob\'lously this is of major cor.cem to A.R.c. and as a result, they have retained our services to facilitate the
resolution of this situation.
At thiS point it is our intention to pursue the formal vacation of these easements by city resolution. We haH:
obtaU1oo lc1tcrs of no objectiCll from all pertinent public utilities and W1derstllnd that a written request for S<lmc
IS before \he City ofBo)-nton Beach Utilities Dcparttl".ent. We expect that their response will b., of no objection.
Wiih this lllfomlatioll in hand, we would like to initiate the process for the formal vacation of these casements
While we are \\illing to follo~ this process, ,...-e C!re also asking the city to hal1dle this matter adlllinistralin~iy.
so that the client can aVOld C()suy conSlmclion delays that would result from the resolutIon process. .
460 Busiress Park Way. Suite 0 . Royal Palm Beach. FL 334: 1 . 561-753-0650 . Fax: 561-753-0290
AUG-e4-ge TUE 11 :~1 AM DENNIS J. LEAVY & ASSOC. ~61 7~3 6~96
P."'~
Mr. James Cherol'
Page 2
August 4, 1998
l will let you know now that there lire a number ofpcople who are of the opinion that these easements do not
exist. The problem there, is that these individuals lire Lm\\'iJling or unable to provide Dennis J. :"'eavy &
A~ociates a release ofliabiJily for this firm and its chent .1\l11erican Retirement Corporation. It is cur opimon
that the safest way to handle this IS by resolution. However, we are most interested in your tboughts on this
matter. If you \"Ollld. please give me a call at your earliest convenience so that we may approach this maller in
a coordinated and thought out fashion.
Should you have any qllestions or comments, please do not ~.csitate to call.
Cordilllly,
.........--- ~fA/
.........--.-'-' . t.-
_.-::-.--"-.
Scott W Alexander. PSM
Project Manllg~r
SWAJtll
Endosurcs
cc via facslJ11ilc: Hukllt K6starlak. Director of ~\"clopment. w/enc.
Les ~allheV't-s, for A.RC. , w/ene.
Laura Lincoln, Bass, Beny & Sims, W/etlC.
Charles ElJiot, R J. Griffm & Company, w/o ene.
AUG-04-9S TUE 11:~2 AM DENNIS J. ~EAVV & ASSOC. ~61 7~~ 0290
P.e,4
J'~""'-2e--13J8 00: 28
LEI)y,KNEEN.t'lRRlft.lI,et al
:5614'7'65611 P.IZ'1,..:l2
LEV'Y. KNEE~, }!ARIANI, CURt!N. WIEl"ER. KORNFELD & DEL Russo
~PlO"ESSION".. ASSOCIATLCN
,a.,-V~N :::. Sh!:~M"'.N
COUNSe:~O~S A.T l..AW
sVITI 1000
I ~oo C&:II,j"I'!E~A."';< .OU~JlIlrC>
W!!:!iT PAL~t BB.A,CH. l'L01Utl4 30401
"'I.CPHONI; l5111} ."'0'47';)0
,....x NO. {S5;, 47e,~"1
t1 I~WI"'. '-i..v....
F1f:T.jlCr>
July 27, 1098
Dennis!. Leavy & Associates, Inc.
460 Business Park Way, Suite D
Royal Palm Be.ach, Florida 33411
Attention: Mr. Scott Ale.\ander
Re: Tract 4, less the East 584.68 feet thereof, of GOLFVIEW
HARBOUR 3RD SECTION, PH 30/119 & 120, palm
Beac.h COtl Ii ty , Florida.
Our File Reference: 5570.001
Gentlemen:
You have requested an opinion a$ to the effect of the flUng of captioned Plat upon the
utility and drainage easements contained within Blocks 16 and 18 of, and dooiC'.ated "to the use
of the public" by, the Plat of 'OOLFVIEW HARBOUR 2ND SECTION" t recorded in Plat
Book 27, at Page 47, the captioned Plat being a partial re-plat of the latter Pl~t, and returning
said Blocks 16 and 18 (as well as other lands) to acreage. The said Blo~ks 16 and 18 were re-
plateed as, and are included enliTely within, aforesaid T.ract 4.
As we have discussed, principally during our last telephone conversation, it appears th.\t.
notwi:hstanding the City of Boynton Beach's approval of the Re-plat for recordation, ~
and draina e easements shown upon the former Plat, lying within said Blocks 16 and 18. can
not be consider" to ave been vacated or liminated e Re-platL-and the exception sel
fanh a, em of Scl1edule B.Sectiol1 2. in the title com.mtment issued by Lawyers "jUe
Insurance Corporation, is appropriate.
To be in position to eliminate the exception as set forth, I believe evidence would have
to be furnished as follows:
1. Recordation of Instruments of Disclaimer from the' various utility eompanie.5
(including the cable TV utility) and the City. containing appropriate recitations that there was
never any construction of ucility or drainage facilities within the easement areas shown u~n the
earlier Plat, lying within said Blocks 16 and 18; that there was never 21lY use of said e-asement
arcc.s for such purposes ~.nd the party executing the instrument has no present need or intention
to USe said e.asemems. The Cit)s disclaime.r should specifically recite that it has no need to lI:$e
the easemenrs as ~hown to consrruct and maintain therein any water, sewer or stcIm drainage
AUG-04-98 TUE 11:~3 AM DENNIS J. LEAVY & ASSOC. ~61 7~3 0290
P..,,::>
JLL-28-199a 09:29
LEVY,KNEEN,MARIANI.et a1
5614755811 P.02,'32
Dennis Levy & Associates, Inc.
July 27, 1998
Page 2
line or othe.! drainage facilities.
2. The adoption and recordation of an appropriate resolution of ~hc City, in strict
conformity wirh its charter, and the applicable provisions of Chapter 177 of the Florida Statutes.
specifically vacating ~nd abandoning the subject utility and drainage easements.
Our condusions, as set forth herein, are based upon a review of the applicable sections
of Chapter 177 of the Florida Statues, panicularly F.S. 177.101: a review of "Find Title Notes"
24.01.05, 24.01.05, 24.01.06, 24.01.09, and 24.03.02, published by Attorneys' Title
Insurance Fund, Inc. (copies of which are included herewith for your information and revit;w):
and a telephone confercr.ce with Patricia Jones, underwriting counsel of Attorneys' Title
Insurance Fund.
We further reiterate, that any proper examination of the title to captioned parcel, would
have necessarily involved all inspection of the former plat and the inclusion, as an exception,
in any title conumtment or policy of the easements reflected upon the former pial.
Please feel free. to contact \1S if you have any further inquiry with respect to this matter.
Si~erely ,
Alv'
~~.----- ~----. ..-.~--- ~--~- - ___________n_ ____u___
AUG-04-98 TUE 11 :34 AM DENNIS J. LEAVY & ASSOC. e61 7e3 0290
P.06
07 <~IY38 12: 52
WFB DJ5T ENG ~ 561 753 02~D
NO.416 1=>~01/J81
@ BELLSOUrH
ell/SOUlls Ta'.,;ommUWCf:lon,.lnl:.
Iborn 501
3,6 r(l'~ StlQ.lI
wes; F'r!,,' nu~r.". F\I1.d. 33401
July 30. 1998
Mr. Scott W. Alexander. PSM
Project Manager
460 Business Park Way, Suite D
Hoyal Palm Beach, FL 33411
RE: American Retirement Corporation Construction Site
Located within Block 18. together with the utility easement
lying between L.ots 35 and 36. alock 16, both located within
that portion of the Plat of Goff View Harbour 2nd Section
(P.B. 27, Pg. 47, P.B.C.R.) as replatted in Golf View Harbour 3rd
Section CP.S. 30, P.G. 119, P.B.C.R.)
Dear Mr. Alexander:
BellSouth has no facilities in this easement and therefore has no objection to the
abemdonment. If you have any questions, I can be contacted at 561-837.6404.
Yours truly,
.4~~
~7'~~
Project Manager
___uaIJ.C-04-96 TUE 11: 34 AM DENN IS']. LEA....y & ASSOC. S61 7S3 0290
P.07
01'1 : FPL EOY!... ::iVC PLAl--I'dNG
PHCN~ NO. : 561 742 2016
Jul, 29 1'398 02: l4f-'11 ""2
...
.
I=PL
Florid" Power & Light Company. 9329 S. Mililllry Traii, BoyntDn, H 33436
07/29/98
TO WHOM IT MAY CONCERN.
TH1S LETTER IS TO ACKNOWLEDGE THE PETITION TO ABANDON THE UTILr'y
EASEMENTS, LYING IN ALL OF BLOCK 18, TOGETHER WITH THE UTILITY
EASEMENT LYING BETWEEN LOTS 35 AND 36, BLOCK 16, LOCATED IN A
PORTION OF THE PLAT OF "GOLF VIEW HARBOUR 2ND SECTION, AS RECORDE;O
IN PLAT BOOK 27, PAGE 47, AND RECORDED IN THE REPLAT OF GOLF VIEW
HA~BOUR 3RD SECTION, AS RECORDED IN PLAT BOOK 30, PAGES 119 AND 120,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AFTER
REVIEWING TliE DOCUMENTS AND INVESTIGATING THIS SITE, FPL DOES NOT
OBJECT '1"0 THE PROPOSED ABANDONMENT OF THESE UTILITY EASEMENTS.
THANK YOU FOR YOUR COOPERATION,
KEVIN COYLE (561 )742-2026
r/114
FPL DISTRIBUTION OPERATIONS TECH.
BOYNTON BEACH
AUG-04-ge TUE 11:35 AM DENNIS J. LEAVY & ASSOC. 561 7~3 0290
p.se
07!31.'19~Z 16:27
467'33E'1769
FFU EI'KJ [JEFf
PAGE f.ll
Florida
Public
Utilities
Company
P. O. 00x:3395
West Palm Beacl1,
FL 3Jo102~3395
July 30, 1998
FAXED TO: (561)753-0290
Mr. Scott W, Alexander, PSM
Dennis J. Leavy & Assoc.
460 Business Pltrk \Vay
Suite D
Royal Palm Beach. FL 33411
RE. American Rettrement Corporation Construction Site
Dear Mr. Alexander.
Please be advised that Florida Public Utilities Company has no objection to the aballdonmen.
of the existing 10' easement described ill your letter.
At the present tune, we have no underground gas distribution facilities located wit1Wl the
lunits of the proposed abandotunent.
David E. Pe1Jico
Division Enbw.eer
\,
\
ir1A.:~e::l
AUG-04-9S TUE 11:36 AM DENNIS J. LEAVY & ASSOC. ~61 7~3 0290
-29-98 15.19 FROM.COMCAST ADVERTISING
IDd561 2:il'r 7716
1100 NOlthpoint Parkway - Suitt 200
West Palm &teb, FJ 33407
Wednesday, July 29, J998
Scott W. Alexander, PSM
Proj eot Manaser
Dennis 1. Leavy & Assoc.
460 Businoss Park Way - Suite D
Royal Palm Beacb, F133411
RE: l,etter af non-encroachment
i.e. American Retirement Corporation
Construction Site
Dear Mr. Alexander, PSM:
In reviewing your request on the above ref project, Comcast has no objectioll3
nor conflicts v-.ith your proposed plans and docs not encroach onto our easements or
othf,rwise interfere with the provision of servico to our customers.
Should you have any other questions, please feel free to call me at 1-561.227.7743 J Fax
Numbers - 1.561-227-7746 I e-mail (eonard_maxwell@comcast.com
Sincerely,
h\ l::J2j~--L.L
Leonard Muvt'eU
Permit Adjustor
7/29/982:48:14 PM
e<:; Joe Casas.a.nta . Director of Technical Operations
Scott Swendner - Project Manager
Dom A.wnais - Construction Coordinator
Noah Darby - Enaineering Coordinator
Boynton Beach Draw
File
P.12l9
PAO'E
~,..:!
AUG-04-98 TUE 11:37 AM DENNIS J. LEAVY & ASSOC. ~61 7~3 0290
P.10
JUL-20-98 THU 10:08 AM ADELPHIA
FAX NO. 561 278 9322
P. 01
Adelphi"a
1595 SW 4th Ave
i}cl,ay Beach, FL ~34~4
Phone (S6t) 272-2522
Fax (561) 2n.8776
July 30, 1998
Dennis J. Leavy & Assoc.
l.and Surveyors/Mappers
460 Business Way; SUite D;
Royal Palm Beach, Fl. 33411
Attn: Scott W Alexander
RE: American Retirement Corporation Construction Site.
All of the utility 6asement located within Block 1 S, together with the utility
easement lying between Lots 35 and 36, both located within that portion of
tho Plat of GoIfView Harbour 2nd Section (P.B. 27, Pg. 47, P.B.C.R.) as
replotted in Golf View Harbour 3rd Section(P.B. 30, Pg. 119, P.El.C.R.).
Dear Mr. Alexander:
Please consider this letter, Adelphia's letter of no objectiot, to the abandonmem of the
above referel1ceCl easements.
Please forward all futwre plans with replatted easements to Adelp'1ia as soon as they
are available.
It you have any questions regarding this letter, please contact me at 561-272-2522.
JD\1/mf
AUG-04-9S TUE
11:~7 AM DENNIS 3. LEAVY & ASSOC. ~61 7~~ 0290
P.l1
I)EN,~IS J. LEAVY & ASSuC.
......--..-,......- .._--'-..~-l
-1
...
lA."'JD SURVEYORS · MAPPERS
Jui~ .10, 199a
T c1~ll~iia CD.
3020 IljSh Rjdge Ro~d
Bllyntoa lkac:h, FL 33426
IU:: AmclitlU1 Retirement Corporation Construction Site
1"0 whom It JUrly CQllCcm:
Wnh ..CSj>Cl.:t to :hc proposed ub:1Qdonment or:
aU of 11\" utiliLy ~..its~m':l1t located "1&.in Block J 8J togetht.r witb U1(~ utilil}" easeme,1I t lying hctwe.:n l,t1ts :,) ~ 11 d
36, Block 16. both located withiJ1 that ponio:\ oCtile Plat ofGoJfVic\\' Hllfbour 2nd SC.ctiOll (PH 27 p~; .1'7
p,.9 C.R.) i1:! replotted in Golf View Harbour 3rd Sc(.tion (P.B. 30. Pg. 119, P.3.C R.) lIllhe southeasl cO,;1lT
ofCongrcs5 AlCllue I'ud Golf Road, Boynton Der.cb, Florida,
\\-0 uffcl" the fo!lm",illg S18lCQ1.;'l1t
Tc~el;'\c..:iia t'urwltly h~s 110 fac.ilit~1qclltcd in th:sc ell.5cmrols, do.:s not have plans for t' sc of tht':;c C<1scmelW
,"d h., no:..A t~""" (
1 Ck'1I1~,hi\
","
4GO Buslnoss \;ark Way. Suite D. Hoyal Paim Beach. Fl33411 .561-753-0650 . Fax. 5G1 .753-C2a.~'
CITY OF BOYNTON BEACH
OFFICE OF THE em AlTORNEY
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH 33425-0310
Phone (561) 375-6050
Fax (561) 375-6054
FACSIMILE TRANSMISSION COVER SHEET
TO:
Scott W. Alexander
FAX NUMBER:
(561) 753-0290
FROM:
James A. Cherof, City Attornevlacl
RE:
Street and Easement Abandonment
DATE:
August 4, 1998
This facsimile transmission contains 4 page,s), including the cover sheet.
The information contained in this facsimile message and the pages following are attorney privileged and
confidential information intended only for the use of the individual or entity named above. If the reader of
this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or
copy of this communication is strictly prohibited. If you have received this communication in error, please
immediately notify us by telephone and return the original message to us at the above address via the U.S.
Postal Service. Thank you.
If any problems occur in receiving this message, please call this office at (561) 375-6050.
Boynton Beach, Florida Code of Ordinances
ARTICLE III. STREET AND EASEMENT ABANDONMENT
Section 1.
Purposes.
The purposes of this article are to establish uniform procedures for the application to the
city for the vacation and abandonment of city streets, alleys, special purpose easements and other
nonfee interests of the city; to designate those individuals who shall have the responsibility for
the processing of such applications; and to provide the methods and procedures for processing
said applications.
Section 2.
Application/sub mission.
All requests for vacation andlor abandonment of city streets, alleys, special purpose
easements and other nonfee interests which the city may have in real property shall be in writing
and executed in triplicate by the party or parties requesting the same. The application shall be
filed with the city clerk and shall include, but not be limited to, the following:
A. The name and address ofthe applicant or applicants.
B. A complete and accurate legal description of the street, alley, special purpose
easement or other nonfee interest of the city or any portion thereof sought to be
abandoned or vacated. Where possible, the legal description shall be
accompanied by a plat, map or drawing showing the general area involved and the
location of the specific property interest to be abandoned or vacated.
C. Whether title or interest of the city and the public in and to the property sought to
be abandoned or vacated was acquired by deed, dedication or prescription, and if
recorded in the public records, the book and page number thereof.
D. The reason for the request of the abandonment or vacation.
E. The names and addresses of the owners and occupants of abutting real property.
F. Certification that the property was not acquired or dedicated for state or federal
highway purposes and will not adversely affect other property owners or
unreasonably limit access to their property.
G. Verification from each affected or potentially affected utility company that they
have no interest in the vacation/abandonment, or, if they have present or future
interest, proposed easement documents protecting their interests.
CopyriQht tcl 1995. American LeQal Publishing Corporation
>, .-., \' .
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''P . .~, _ ~ "f
Boynton Beach. Florida Code of Ordinances
H. Notarized certificate by the applicant that the application and accompanying
material are true and correct.
I. Such other relevant information as the city may require including, but not limited
to, an ownership and encumbrance report from a title company.
(Ord. No. 96-62, ~ 3, 1-21-97)
Section 3.
A.
B.
Section 4.
A.
Application fee.
Each application filed with the city clerk, other than an application initiated by
motion of the City Commission, shall be accompanied by payment of a fee as
adopted by resolution of the City Commission covering the cost of administrative
review, site analysis and investigation and publication.
Upon the application being properly submitted, it shall be accepted and filed by
the clerk, who shall give a receipt to the applicant for the fee paid.
Processing of application.
Action by city clerk. The city clerk shall review the application for completeness
and for compliance with the requirements of this article. The city clerk may reject
the application if a similar application has been considered at any time within six
(6) months of the date the later application is submitted. Upon proper submittal,
the city clerk shall proceed as follows:
1. Provide the director of development, director of planning and director of
utilities with a copy of the application and request their review and
recommendations within twenty (20) days.
2. Set a date for public hearing on the application to be held by the City
Commission, and refer the original application and all reports and
recommendations of approval or disapproval thereof to the City
Commission.
3. Notify the general public, by publishing notice in a newspaper of general
circulation in the city, of the time and place of public hearing on the
proposed ordinance, at least fifteen (15) days prior to the public hearing.
4. Provide notification of the City Commission's public hearing by regular
mail to the following:
a. Owners and occupants of all abutting property; and
b. Each and every public utility; and
c. If a change in the comprehensive plan is contemplated, to all
owners of property within three hundred (300) linear feet of any
portion of the affected property.
CODvriaht tc) 1995. American Leas' Publishina CorDoration
, ' .
"
. - . ~ ~. , .'
. '. ;.
.. .. ~ . '. '.o.
/.
~ ".' -. .
"
-, -
... ~:
Boynton Beach, Florida Code of Ordinances
B. Action by City Commission. The City Commission shall consider the reports and
recommendations on applications for abandonment or vacation within forty-five
(45) days of receipt, and shall, after public hearing and due consideration, either
accept, modify or deny the recommendation in accordance with the best interests
of the public welfare. If by said acceptance, modification or denial of the
recommendation, a change in the land use of the comprehensive plan is required,
or if the aforesaid action by the City Commission necessitates a change in the
existing property interests or rights, an ordinance setting forth said change shall be
introduced as soon as possible.