REVIEW COMMENTS
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I': Y\y. '\ Y LAW OF"F"lCES
G~\ """,/", BRACKETT, COOK, SNED, WELCH & SCOTT
, , . 218 OATUR:A STREET
POST OFFICE BOX 3746
/ 11 'f:'r'vnTr;'D
SANDRA A. BOSSO-PARDO WEST PA..I..M BEACH, FLORIDA. 33402 .[~HC__".t_;",_d;J. V .C'
ALA.N F". BRACKETT
CHRISTOPHER H. COOK TELEI'"HONE (30!S) 655-8631
SARA.JANE ABRAMSON MAR ELL , ? 1985
ALAN .... SCOTT. .JR.
WILLIAM H. SNED. ,JR.
.JOAN B. TUCKER June 14, 1985 PLl~I\i;'~'i'\.;' DEPT-:
EDWARD O. WELCH
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Mr. Tom Clark
200 North Seacrest
Boynton Beach, FL
Boulevard
33435
IN RE:
FSC application for Abandonment of
Existing Easements in certain tracts
of Dos Lagos, a P.U.D.
Plat Book 43, page 24-28
Dear Mr. Clark:
I am writing at the request of Johnathan Ricketts of James
E. Neuhaus, Inc., concerning the abandonment of certain easements
in Dos Lagos, a P.U.D. The primary reasons for FSC desiring
to abandon the easements as opposed to replatting, are spelled
out in my law partner, Chris Cook's, letter to Jim Vance dated
April 24, 1985. I have enclosed a copy of that letter for your
review.
Additionally, I would like to emphasize that aside from
the time and cost factors involved in replatting the subdivision,
it is our considered opinion that a replat of Dos Lagos, and
the amended documentation, that replatting would require, with
respect to the existing and property owner's associations and
condominium associations, would be extremely burdensome and
confusing, not only to the developer, but to existing and future
property owners in Dos Lagos. As I am sure you are aware~ Dos
Lagos, a P.U.D., is a mixture of ,condominium units and single
family residences. In order to develop the property under the
PUD, it was necessary to establish a property owner's association,
homeowner's association and two condominium associations. ' All
of these documents are designed to dovetail, one with the other,
with the plat as its main reference point. The current abandonment
process would minimally affect the present documentation and
does not in any way affect the existing single family residence
owners or those owners of condominiums that are currently in
place and existence. FSC is merely abandoning easements in
those development sites or tracts which have not yet been developed.
It is unfortunate that at the time that the plat was originally
filed, too much detail regarding the easement was incorporated
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in the plat . Hindsight, being what it is, we realize now that
the development tracts should have been designed or dedicated
without the specific easements to allow for a future dedication
when they were developed, to conform to the site plan utilized
for the individual development tract.
Hopefully, after a review of Chris Cook's letter, you 'will
concur that replatting is not necessary and, indeed, undesirable
under the present circumstances.
Should you have any questions concerning our proposed abandon-
ment, I would certainly be happy to discuss this with you in
more detail.
Ve~rulY yours,
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Edward D. Welch
EDW/rad
Enclosure
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BUACKETT, COO!{, SNED, WEI.CH & SCOTT
H. T. Jackson
District Manager
E ng inee ringl Assign men t
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Southern Bell
5140 Congress Avenue
Boca Raton, Florida 33431
Phone (305) 997.Q100
May 28, 1985
Mr. Thomas A. Clark
City Engineer
City of Boynton Beach
120 N. E. 2nd Avenue
Boynton Beach, FL 33435-0310
RE: Abandonment of Easements - Dos Lagos
Dear Sir,
After reviewing the new easement layout for the Dos Lagos project, I
have no objection to the abandonment of the old existing easements.
At the present time Southern Bell has no facilities in the existing
easements.
Any questions may be referred to Mr. Jim Kall on 997-0139.
Yours truly,
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Manager-Engineering/LAC
cc: Mr. Johnathan T. Ricketts
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A E' F I , SOUTH Company
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PUBLIC UTILITftEl COMPANY!!'
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P. O. Drawer C
West Palm Beach, Florida 33402
May 17, 1985
Mr. Thomas A. Clark
City Engineer
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33435-0310
Dear Mr. Clark:
In reply to your letter of May 16, 1985, we wish to advise that Florida Public
Utilities Company has no objection to the abandonment of all easements
included in the Plat of Dos Lagos.
At the present time, we have no underground gas distribution facilities
located within the above described easements,
Yours very truly,
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B. R. Becker
Engineer
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UtUities Director
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SUBJECT: Do. LagOS Abandnn~nt Applications
DATE: 5/17/85
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PERSON ADDRESSED RETURN THIS,copy TO SENDER
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P. O. Drawer C
West Palm Beach, Florida 33402
May 17, 1985
Mr. Thomas A. Clark
City Engineer
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33435-0310
Dear Mr. Clark:
In reply to your letter of May 16, 1985, we wish to advise that Florida Public
Utilities Company has no objection to the abandonment of all easements
included in the Plat of Dos Lagos.
At the present time, we have no underground gas distribution facilities
located within the above described easements.
Yours very truly,
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B. R. Becker
Engineer
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Mr. Tom Clark
City Engineer
Sue' Kruse
Deputy City Cl~rk
SUBJECT:,___ __
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5/8/85
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RETURN TO
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SIGNED
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Sue Kruse
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Attached please find a copy of two abandonment applications
submitted by FSC, Inc. for Dos Lagos.
Please-review,and advise of your recommendation for approval
or disapprovaL. in accordance w.ith Section 22-40 (a) (1)' of the
code.
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ThankYOI1,
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SIGNED ~~d~-J;t' ,r
Item 1# F269 @ Wheeler Group Inc. 1919
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PERSON ADDRESSED RETURN THIS COPY TO SENDER
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Sue Kruse
Deputy City Clerk
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Mr. Perry Cessna
Utilities Director
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, .-DATE:--5.l8/85
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- ~.Attached P~~J find;a ~Pyof two abandonment application., ~,.
,~ubmitt:ed byrsc, Inc,,:__for Dos, Lagos.". ,,','O'r,:
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"Plea_ .revi_ and advise ofyour.re.:....."...ndation for approval
~:ol:disapprov~,in accOrdance with Section. 22-40 (a) (1) of the
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REPLY Please be advised that I cannot recOllllllend approval or disapproval
of this proposed 'abandonmell.t, application for Dos LagoS until such
time as I have had a map that I can definitely know what is being
abandoned and how it effects the util.Dept. Therefore, there should
be no actioh on this until such time as the applicant provides
this Office with the necessary information.
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Item" F269 @ Wheeler GrOup lnc. 1979-
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PERSON ADDRESSED RETURN THIS COPY TO SENDER
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JUN " 1985
M E M 0 RAN DUM
Plj\i~I~; ',i-.:; LJL:"I)i.
TO: Mr. Carmen Annunziato
Planning Director
DATE: June 11, 1985
FROM: Sue Kruse
Deputy City Clerk
RE: Dos Lagos Abandonment
Application
Attached please find the following responses in reference
to subject abandonment application to be heard by the
Planning & zoning Board at their June 11 meeting received
by this office since forwarding our memo of June 4:
Memorandum dated June 5, 1985, from Tom Clark
with copies of letters from Southern Bell and
Florida Public Utilities Company.
Response from Perry Cessna dated June 5.
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Sue Kruse
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Attachments
cc: City Manager
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l1EMORANDU l1
June 5, 1985
TO: Betty Boroni
Carmen Annunziato
FROl1: Tom Clark
Re: Abandonment of all easements for Dos Lagos as
platted in Book 43, Pages 24 through 28
Forwarded herewith are copies of the letters concerning the
subject request received from utility companies. All
utility companies were notified with request for a response.
1. Southern Bell letter of May 28, 1985
2. Florida Public Utilities Company letter dated
May 17, 1985
Predicated on the responses received the abandonment of
easements as requested is recommended.
I suggest that an appropriate method to effect the abandon-
ment would be by re-platting with ownership to include the
Homeowner's Association. The re-plat could be done by
making the desired changes on a reproducible of the original
plat with required signatures and getting the document
approved by the City and recorded as a re-plat of Dos Lagos.
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A.ttach.
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Tom Clark
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M E M 0 R A N D U M
June 5, 1985
TO: Betty Boroni
Carmen Annunziato
FROM: Tom Clark
Re: Abandonment of all easements for Dos Lagos as
platted in Book 43, Pages 24 through 28
Forwarded herewith are copies of the letters concerning the
subject request received from utility companies. All
utility companies were notified with request for a response.
1. Southern Bell letter of May 28, 1985
2. Florida Public Utilities Company letter dated
May 17, 1985
Predicated on the responses received the abandonment of
easements as requested is recommended.
I suggest that an appropriate method to effect the abandon-
ment would be by re-platting with ownership to include the
Homeowner's Association. The re-plat could be done by
making the desired changes on a reproducible of the original
plat with required signatures and getting the document
approved by the City and recorded as a re-plat of Dos Lagos.
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Tom Clark
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Attach,
H. T. Jackson
District Manager
Engineering/Assignment
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Southern Bell
5140 Congress Avenue
Boca Raton, Florida 33431
Phone (305) 997-0100
May 28, 1985
Mr. Thomas A. Clark
City Engineer
City of Boynton Beach
120 N. E. 2nd Avenue
Boynton Beach, FL 33435-0310
RE: Abandonment of Easements - Dos Lagos
Dear Sir,
After reviewing the new easement layout for the Dos Lagos project, I
have no objection to the abandonment of the old existing easements.
At the 'present time Southern Bell has no facilities in the existing
easements.
Any questions may be referred to Mr. Jim Kall on 997-0139.
Yours truly,
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Manager-Engineering/LAC
cc: Mr. Johnathan T. Ricketts
A f!ELLSOUTH Company
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MEMORANDUM .
13 May 1985
TO:
Sue K~use, Deputy City Clerk
FROM:
Carme~ S. Annunziato
Plann~ng Director
'Abandonment Applications submitted
by FSC, Inc. for Dos Lagos
RE:
Regarding the referenced applications, the Planning Department
has no objection to the abandonment of these easements; provided,
however, that new easements are dedicated in their place.
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-' Carmen S. Annun ato
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MEMORANDUM
13 May 1985
TO:
Sue Kruse, Deputy City Clerk
FROM:
Carmen S. Annunziato
Planning Director
RE:
Abandonment Applications submitted
by FSC, Inc. for Dos Lagos
Regarding the referenced applications, the Planning Department
has no objection to the abandonment of these easements; provided,
however, that new easements are dedicated in their place.
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/ Carmen S. Annun ato
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3 May 1985
TO:
Betty Boroni, City Clerk
FROM:
Carmen S. Annunziato
Planning Director
RE:
Abandonment Applications/FSC, Inc./Dos Lagos PUD
Accompanying this memo you will find the originals of two
abandonment requests and filing fees submitted by James E.
Neuhaus, Inc. for F.S.C., Inc. These two requests provide
for the abandonment of utility and special purpose easements
and the rededication of similar easements in different lo-
cations. However, the exhibits are the same.
Please advertise these requests for public hearings with the
Planning and Zoning Board for June 11, 1985 and City Council
for June 18, 1985.
Thank you.
Ga<-
CARMEN
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s. ANNUN~ATO
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cc: Tom A. Clark
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