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
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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
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TALLAHA::>;:::>t:..... 8v.....t'""~
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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,
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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
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HARRIET GOULD, his wife
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s. )
0567B
EXHIBIT C
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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
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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.