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REVIEW COMMENTS ,-' , ~ u iV' Q--' \~~' 0$ J~f/ 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 . 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 / ,:', '. ( .; , . 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, ~' 7 c Edward D. Welch EDW/rad Enclosure " 010 "I _.....,......,--- BUACKETT, COO!{, SNED, WEI.CH & SCOTT H. T. Jackson District Manager E ng inee ringl Assign men t '~J N~': s ~(J- r~, b~y'Yi" o " I ,;? p; l}' VrY' @ ~ 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, ~ Manager-Engineering/LAC cc: Mr. Johnathan T. Ricketts ...., " ! i ....~ , ! . ~..' r !, i A E' F I , SOUTH Company \~,,' Y V l ,",' i '. ~ II vV' ~..,tf.::' r I FLCJltinA !, ~:V PUBLIC UTILITftEl COMPANY!!' .Y <OOO.(~S .~...., TO eo........ H 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, /4~ B. R. Becker Engineer ",A ,.) .'- I r ,~ _._.~,...-- , . f: . .~=- .".- "!!fill > '.,l)~~~:::-~~" . ;",i. '. , ,- --:;----- - --.--.-- ~c", ',' '.- .'.~ , . FR()oo ~ ~MM. Pet:ty Cessna UtUities Director ',,' -".-'- >-~~-':f?>-_ - _ " .~<~~ ',",'., ",'-n-r-{C\ 2>' . "., /. -~~~;""!.j.~..5:;t,,.,.. ; ~ " ., SUBJECT: Do. LagOS Abandnn~nt Applications DATE: 5/17/85 '..:,- -:-,'-40 '"' '-~~ ,.....,.,;-..: ~.....,.. . I .""-,,,",,...' "\":'5IG NED "-./::(< "C' ,;."'''-~- ,:":~ :,:1/0 '~I }~~:"'~ ..>,.,;;~~j~~17:,:;_:~~" ,"-' ''';-Ji':Jii'',:;' ~~i- ';,':~~'!c~<A;c- . '.'~ {,,', . . "~"".i' ;': --{';>,.:. . .~4~-; > :~:~~}. ~:. ,- ~:.c':" '::~:(~';~ c .4'- iii:~,.-'; .:.----: (Jct~ DATE:j~t ..''"+; ~.... .... ,-~..t f~J~! F289 O,~GrouPInc.1979.-~.., PERSON ADDRESSED RETURN THIS,copy TO SENDER . J Q, ,Jg \ t t/' c:---~ fA '( FL()RIDA (~\'V~f' ~ ~ ~r PUBLIC UTILIT'tJ COMPANylf ~,~ '\ ' , "'00"($5 Q~PL'" TO CO",P"~Y ^' P. O. Drawer C West Palm Beach, Florida 33402 May 17, 1985 Mr. Thomas A. Clark City Engineer City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33435-0310 Dear Mr. Clark: In reply to your letter of May 16, 1985, we wish to advise that Florida Public Utilities Company has no objection to the abandonment of all easements included in the Plat of Dos Lagos. At the present time, we have no underground gas distribution facilities located within the above described easements. Yours very truly, /4? B. R. Becker Engineer , ! , '" ,. . r FROM to " -, Mr. Tom Clark City Engineer Sue' Kruse Deputy City Cl~rk SUBJECT:,___ __ , - -,- '---""-~------'---'---- .---.'---.--------------- 5/8/85 ______.DA TE:. .' RETURN TO . SIGNED ___//c /-'>7(' <......I!~ Sue Kruse POLD ~ Attached please find a copy of two abandonment applications submitted by FSC, Inc. for Dos Lagos. Please-review,and advise of your recommendation for approval or disapprovaL. in accordance w.ith Section 22-40 (a) (1)' of the code. ~ \ ~: ThankYOI1, REPLY '/---~ -, , " tr,,~1.s ol.J.he c/':4W/o/ ~":/ s6aw Me c.IMn,e /~ -He 46aMb'YJI?7Cl'Jr re'1vest ",,:"';'6 +h~;!' nei.N .l'r:~s<P~,e):uen-)eJ-J/;~:/~ql/e- d:ee.Y) N?1.vesIeJ dl)C1~te..-S;'enl- ~ 11e.. IJhJ;fy c;,ffIJ'.":~. , :y, ;J /.1: /,/ ?_~ U/"// f,e rl'la-de <f'J/'7,j;JI/e /J. C),YJ,=$ r<::>n-1~, /, r y '-0;>. , , fo YD4 .fJ'e' ~";J''.,~ +:2,.,nmty f!>.,/l, If;; ~.o--:n' 4"s;. /'$$/~4, SIGNED ~~d~-J;t' ,r Item 1# F269 @ Wheeler Group Inc. 1919 f PERSON ADDRESSED RETURN THIS COPY TO SENDER ~'l y ""'-, .-,;d~_~. I . .':~'_~;O-,~~~; _~~'~~~:' .~ ,_,_'.:~,,"--.;&;;,... I FROM '-"'_1 .'"TO'........-:::-.;;....,;,'~_..~~'/......._, . ---'-- ,.....__..._...:~_..-- ".-_ ......z '."__ ~.. " "'l Sue Kruse Deputy City Clerk ',.-fK .iJ$ ........d Mr. Perry Cessna Utilities Director '" ..~..... '"~',, ..............."., ~, "'.~'.,- -.~::-."'1" ,1~~ SUBJECT: , " ....' .t:,! H " , .-DATE:--5.l8/85 .~'-'I POLD -+ ':,.,::..::\.,"1.": .- ;,-'.ar/A-:_~i '.,-_." .. - ~.Attached P~~J find;a ~Pyof two abandonment application., ~,. ,~ubmitt:ed byrsc, Inc,,:__for Dos, Lagos.". ,,','O'r,: ,', " -,~_, " ":' I .- -~'11''f--(.'l-L~~ t:,rc :, ':.. X';:, ...,' "Plea_ .revi_ and advise ofyour.re.:....."...ndation for approval ~:ol:disapprov~,in accOrdance with Section. 22-40 (a) (1) of the "code.' ~ ;" ~, " RETURN TO_ -~--"":-' "\" ~. SIGNED"'- ',,'/;. "'~.' ;'-9'f'Y:; " ",-;' j ~;' '." -~ 'yO~_ .,-.____-;;:;.0-- . Sue Kruse- -~, , I I I I I ! 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. , \ ''\ ~ riATE:;"",~J,1:~: ,l~~. ~,; -;':i ", \ .[i~ ,. Perry A .Cessna -' SIGNED - - '~'''-'~'-''-'' Item" F269 @ Wheeler GrOup lnc. 1979- Ut:IJo\vn In~ "",",r I-II.....,."..~ . -.. ...---- PERSON ADDRESSED RETURN THIS COPY TO SENDER I ~ I j' ~J""~~ ....1- .,.w~ " 'I: 'rPIV17D l.'\,.....__~J~_,_'.,._..iL 1...:/.' 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. ~~~ Sue Kruse smk Attachments cc: City Manager .' 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. TA,C ;mb A.ttach. - c---.., /'// /J ,V~~ Tom Clark , / 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. c---- , _ /Y/ /J V~~ Tom Clark TAC;mb Attach, H. T. Jackson District Manager Engineering/Assignment 'b ~,-;: \ ~" ~ (t.v" r-(J- ~Y'J aS ,}-J .? (J, v'' \JoY @ .,~ 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, ~ Manager-Engineering/LAC cc: Mr. Johnathan T. Ricketts A f!ELLSOUTH Company -~ t I , 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. (f~j)~ -' Carmen S. Annun ato I . /bks ~\ ...' ,'l. / ,'>I' U':~,,, 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. ~Jl~ / Carmen S. Annun ato /bks {;/ f' , , III (....., l1El10RANDUM 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 - OL ..-.::c s. ANNUN~ATO /bks cc: Tom A. Clark &~