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LEGAL APPROVAL NOTE TO FILE February 18, 1987 On February 17, 1987, the City Commission approved the request submitted by Moyle, Flanningan, Katz, Fitzgerald, and Sheehan, P.A agents for Quantum Associates, for abandonment of that portion of High Ridge Road extending south from NW 22nd Avenue to the Boynton Canal within the Quantum park of Commerce PID - -' MOYLE, FLANIGAN, KAT;,A;;;:~:RALD & sHEEHJ~fEr~I.ED KAREN LEV N ALEXANDER THOMAS M BEASON PETER L BRETON ROBERT BRODY E. COLE FITZGERALD, m ..JOHN F FLANIGAN ANDREW FULTON m ..JAMES PATRICK GARRITY MYRA GENDEL TIMOTHY P HOBAN MARTIN V KATZ WILLIAM B. KING RONALD K. KOLlNS LISA MILLER LAYMAN STEVEN A. MAYANS ..JON C. MOYLE DAVID S. PRESSLY MARK E. RAYMOND THOMAS A. SHEEHAN, m DONNA H STINSON MARTA M SUAREZ MURIAS VIRGINIA L. VANCE NANCY KAREN VORPE 9TH FLOOR, BARNETT CENTRE 62S NORTH FLAGLER DRIVE POST OFFICE BOX 3888 WEST PALM BEACH, FLORIDA 33402 Fee 8 1987 PLANNi.'\u Di:t"f. TELEPHONE (305) 659 7500 TELECOPIER (305) 659 1789 - TALLAHA::>;:::>t:..... 8v.....t'""~ - SUITE 100, THE PERKINS HOUSE 118 NORTH GADSDEN STREET TALLAHASSEE, FLORIDA 32301 TELEPHONE (904) 681 3828 February 9, 1987 Mr. Carmen S. Annunziata, A I C P Director of Planning City of Boynton Beach 200 N. Seacrest Boulevard Boynton Beach, Florida 33435 Re vacation of High Ridge Road Dear Carmen Enclosed is a form of Temporary Easement as we discussed. This Easement would be executed and delivered to the City for recording after the Resolution of Abandonment. In this way, the Abandonment can be effective immediately, while the City and affected property owners are assured continued legal access. The City is further protected by the construction bonds on the roads In light of this, "Applicant shall deliver a purposes over the vacated to the City Attorney". the condition of approval should be fully executed Easement for public road High Ridge Road in a form satisfactory Very truly yours, ) --~ c-- ./ ~r-\~ 'irJ(~~ :-) ;~f <;::::::- /(; '. PLB bd Encl 0737B cc Steve Deutsch David S Pressly, Esq. 082986-1 0324B EASEMEN'r THIS INDENTURE, made this day of , 1986 between QUANTUM ASSOCIATES, a Florida general partnership ("Quantum") and the City of Boynton Beach, Flor~da, a municipal corporation whose address ~s 120 E Boynton Beach Boulevard, Boynton Beach, Florida 33435, its successors and assigns ("City") WIT N E SSE T H WHEREAS, the City has by resolution vacated and abandoned that portion of the right of way of High Ridge Road more particularly described in Exhibit "A" attached hereto and made a part hereof by reference ("Subject Property"); and WHEREAS, Quantum is undertaking the relocat ion of High Ridge Road as shown on the approved Master Plan attached hereto as Exhibit "B" and made a part hereof by reference ("new road"); and WHEREAS, the City requires a temporary easement over the Subject Property for the purpose of maintaining the existing roadway for access, ingress and egress as a public thoroughfare until such time as the construction of the new road is complete NOW THEREFORE, in consideration of the sum of Ten Dollars ($10 00) paid to the City by Quantum and other good and valuable consideration, Quantum does hereby grant to the City a temporary easement over the Subject Property for the purpose of maintaining the exist ing roadway for access, ingress and egress as a public thoroughfare upon the terms and conditions set forth below (a) This easement shall automatically terminate upon the complet ion of the const ruct ion of the ne\J road as descr ~bed in Exhibit "B" (b) Upon the sat isfactory complet ion of const cuct ion of the new road, the City shall take action to release this temporary easement of record (c) In no event shall this temporary easer.tent be terr.tinated without the provision of alternate legal access for ingress and egress to all those propert ies requiring access via the subject Property IN WITNESS WHEREOF, Quantum has hereunto set its hand and seal as of the day and year first above written Signed, sealed and delivered in the presence of QUANTUM ASSOCIATES, a Florida general partnership By EDWARD B DEUTSCH ITS GENERAL PARTNER STATE OF FLORIDA SS COUNTY OF Before me personally appeared Edward B Deutsch, to me well known and know to be the person described in and who executed the foregoing instrument, and acknowledged before me that he executed said instrument for the purpose expressed therein Witness my hand and official seal this 1986 day of Notary PUblic (Notary Seal) My Comnission Expires CITY APPROVAL CITY OF BOYNTON BEACH, FLORIDA ATTEST By (.lAYOR CITY CLERK APPROVED AS TO FORM CITY ATTORNEY 0324B -2- .J JOINDER TO City of Boynton Beach 120 E. Boynton Beach Blvd Boynton Beach, Florida 33425 Re Abandonment of High Ridge Road To whom it may concern Curt G. Joa, Inc., a Wisconsin corporation, as owner of property abutting High Ridge Road, hereby consents to and joins in the application of Quantum Associates to vacate and abandon High Ridge Road; provided, however, that the conditions of approval shall require uninterrupted access to the property of the undersigned and further provided that the abandonment shall be at no cost to the undersigned. CURT G. JOA, BY J. Timot TITLE Vice-R December 10, 1986 0544B EXHIBIT C JOINDER TO City of Boynton Beach 120 E. Boynton Beach Blvd Boynton Beach, Florida 33425 Re Abandonment of High Ridge Road To whom it may concern We, George J. Gould and Harriet Gould, his wife, as owners of property abutting High Ridge Road, hereby consent to and joins in the application of Quantum Associates to vacate and abandon High Ridge Road; provided, however, that the conditions of approval shall require uninterrupted access to the property of the undersigned and further provided that the abandonment shall be at no cost to the undersigned .., .-' .c' ~ (L ~~~L HARRIET GOULD, his wife S ) s. ) 0567B EXHIBIT C ~ PETITION TO VACATE HIGH RIDGE ROAD Petitioner Quantum Associates Agent Moyle, Flanigan, Katz, FitzGerald & Sheehan, P A TABLE OF CONTENTS PETITIONER: QUANTUM ASSOCIATES AGENT MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, P.A. PROPERTY: ALL OF HIGH RIDGE ROAD LYING SOUTH OF NW 22ND AVENUE AS DEPICTED IN ROAD PLAT BOOK 6, PAGES 151-154, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TAB A.... .. ....APPLICATION INFORMATION FORM TAB B....... .....APPLICATION TO ABANDON/VACATE TAB C. . ... ...... ....EXHIBIT A - LEGAL DESCRIPTION TAB D.... ........... ..EXHIBIT B - EVIDENCE OF TITLE TAB E. ............ EXHIBIT C - JOINDERS: Curt G. Joa, Inc. George J. & Harriet Gould TAB F......... .... ..EXHIBIT D - MASTER PLAN . 'j "-."" (0: ., " , ~t ) ~ .....- :......J -....1. BOYNTON BEACH PLANNING DEPARTMENT APPLICATION INFORMATION FORM NOTE: This form must be filled out completely and accurately and must accompany all applications submitted to the Planning Dept. (3 copies of application required) PROJECT NAME: -Quantum Park of BoyntBn Beach ~ I ~ AGENT'S NAME: Moyle Flanigan Katz FitzGerald & Sheehan, P A ADDRESS: POBox 3888 West Palm Beach, FL 33402 PHONE: 659-7500 OWNER'S NAME: Quantum Associates (or trustee's) ADDRESS: 2455 East Sunrise Boulevard, Suite 1106 Fort Lauderdale, Florida 33304 PHONE 564-5114 PROJECT LOCATION: N W. 22nd Avenue, west of 1-95 (not legal description) CORRESPONDENCE ADDRESS * (if different than agent or owner) * This is the address to which all agendas, letters and other materials will be forwarded. .,. .~ , 6-29-78 APPLICATION TO ABANDON/VACATE The undersigned, pursuant to Ordinance No 76-27 of the City of Boynton Beach, Florida, hereby applies to the City Council to vacate, abandon, and discontinue the, (check one) : \ J (X ) ( ) ( ) hUJ..JL .L STREET SPECIAL PURPOSE EASEMENT OTHER NONFEE INTEREST OF THE CITY as described in attached Exhibit "A", and to renounce and disclaim any right of the City and the public in and to any land in connection therewith. Said application is to be filed with the City Clerk in triplicate and applications involving more than one of the above listed nonfee interests shall be filed separately. Each application so filed shall be complete in every respect. -- The undersigned hereby certify 1. That a complete and accurate legal description with the specific property interest sought to be vacated or abandoned, including where possible a plat map or drawing showing the gen~~~l~rea_and location involved, is set forth in Exhibit "A" attached hereto. 2. That the title or interest of the City and the public in-and to the specific property interest described above was acquired and is evidenced by, (check one) Road Plat (x) OTHER Title was acquired bv transfeJ from FDOT upon the recordina of a road plat map See letter in Exhibit "B" Book 6 , Page 151-154 , ( DEED ( DEDICATION ( PRESCRIPTION Recorded in Public Records of Palm Beach County, Florida. 3. That no similar application has been considered by the City at any time within six (6) months of the date hereof, and should this application be granted, such abandonment and vacation will prevent no other property owners from access to and from their property and no other property owners in the vicinity will be adversely effected. 4. That the above described property interest is under the control and jurisdiction of the City Council of the City of Boynton Beach, Florida; is not a part of any state or federal highway system; and was not acquired or dedicated for state or federal highway purposes 5. That the following constitutes a complete and accurate schedule of all owners and occupants bounding and abutting the property interest described above. NAHE ADDRESS Quantum Associates 2455 E Sunrise Blvd, Suite 1106 Fort Lauderdale, FL 33304 Curt G Joa, Inc POBox 1360 George J Gould and Harriet Gould (scc Boynton Beach, Florida 33425 Exhibit C c/o Gould Plastics 1580 High Ridge Road (see Boynton Beach, Flori da 33435 Exhi bi t I 4' r " . 6. That the following grounds and reasons are submitted in support of this application Quantum Park of Boynton Beach P I 0 is an approved Planned Industrial Development As part of the Master Plan, High Ridge Road is being relocated and upgraded The old right of way must be vacated and abandoned in order to provide clear title to the parcels traversed by High Ridge Road Convenient access by the other-abutting owners~~wil1 not be impeded and in fact will be improved when the new High Ridge Road is completed DATED: 1~2t:t1g(c APPLICANT(S) NAME (PLEASE SIGN) ADDRESS Moyle Flanigan Katz FitzGerald & Sheehan, P A B~~?~ ~r..(Z~~lEon, Esq POBox 3888 West Palm Beach, FL 33402 STATE OF FLORIDA COUNTY OF PALM BEACH The above named applicant(s) being first duly sworn by me the day and year above indicated, deposed and stated that he are/is the applicant(s) in the foregoing Application to Abandon/ Vacate; that they have read the same and that the facts therein set forth are true and correct to the best of th' kn dge. My Commission Expires NoTARY PUSH My COMMISSI a STArr OF flORI BoNDED THRU ~~X: Nov 20, 1:7 RAt INS. UNO. 0598B EXHIBIT A All of High Ridge Road lying South of NW 22nd Avenue as depicted in Road Plat Book 6, Pages 151-154, of the Public Records of Palm Beach County, Florida.