LEGAL APPROVAL
The City of Boynton Beach
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P.O. Box 310
Boynton Beach, Florida 33425-0310
PUBLIC WORKS DEPARTMENT
FAX: (561) 742.6285
www.boynton-beach.arg
OFFICE OF THE CITY ENGINEER
February 27, 2003
Dror Trigger
Project Manager
Dakota Lofts Development Corporation
3010 South Federal Highway
Boynton Beach, Florida 33435
Re: Record Plat Recording
DAKOTA LOFTS
City of Boynton Beach
Ref: 1 sl Plat Review Letter dated 09/13/02
1st Follow-up Response Letter dated 10/02/02
Follow-up Memorandum dated 10/16/02
2nd Plat Review Letter dated 12/20/02
3'" Plat Review Letter dated 01/17/03
4'h Plat Review Letter dated 02/10/03
Dear Mr Trigger'
This Division attempted to record your record plat yesterday, and was rejected by the Recording Department
of the Clerk of the Circuit Court for Palm Beach County, Florida. We are returning this document to you for
your surveyor to re-generate on a time-stable mylar material pursuant to F S. 177.091 Once completed,
please have all signatories re-sign and seal the record plat and retum the new document to this office for city
signatures and further processing. Attached is the original rejection notice from the Clerk's Office. This
must be returned along with the new record plat for re-subrnittal back to the Clerk's recording office.
If you have any questions regarding this matter, please contact me at telephone number 742-6488.
Respectfully submitted,
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H. David Kelley, Jr., E/P' M
City Engineer "-----..
HDK:ck
xc: Jeffery Livergood, PE, Director of Public Works
James Cherof, City Attorney
Timothy Large, Building Code Administrator, Building Division
Lusia Galav, Principal Planner, Planning & Zoning Division
Laurinda Logan, PE, Senior Engineer, Engineering Division
Ken Hall, Plan Reviewer, Engineering Division
File
America is Gateway to the Gulf stream
January 9,2003
GERALD L. KNIGHT
954.468.7868
Internet Address:
gknight:@hklaw.com
VIA FACSIMILE
James A. Cherof, Esq.
City Attorney
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Re: Dakota Lofts
Dear Jim.
As you know, we represent Dakota Lofts Development Corporation
("Dakota"). In previous discussions with Lindsay Payne of your office, I agreed
to provide the City with a utility easement for Bamboo Lane from G.A. Homes,
Inc., which is the record-title owner of Bamboo Lane. Accordingly, please find
enclosed a proposed Grant of Easement to the City of Boynton Beach, which has
been executed on behalf of G.A. Homes, Inc. Please review the proposed Grant
of Easement and give me your comments. I will hold the original Grant of
Easement and deliver it to your office for recording when the Dakota Lofts Plat
has been approved by the City Engineer
Also enclosed is a copy of a proposed Grant of Easement from G.A. Homes,
Inc., to Dakota for ingress and egress over Bamboo Lane. Again, please review
the proposed Grant of Easement and give me your comments. With respect to
this proposed Grant of Easement, I have previously provided Lindsay Payne
with a copy of a surveyor's letter stating that Bamboo Lane is not included in the
property described in the Final Judgment in Favor of Palm Beach County
recorded at O.R. Book 1902, Page 1322, Public Records of Palm Beach County,
Florida. Thus, the first alternative stated in Item 36 of David Kelley's letter to
Dror Trigger dated December 20, 2002 (which I also previously copied to Lindsay
Payne), is not applicable. As to the second alternative, G.A. Homes, Inc., has no
James A. Cherof, Esq.
January 9, 2003
Page 2
present intention of dedicating Bamboo Lane as a public street; nor will Bamboo
Lane be included in the plat of Dakota Lofts. Based on the best title information
available, Bamboo Lane is a private street now owned by G A. Homes, Inc.,
which is granting an express easement to Dakota to utilize Bamboo Lane for
ingress and egress to the Dakota Lofts development. Thus, the second
alternative mentioned in Mr Kelley's December 20 letter is also inapplicable.
By virtue of the express easement for ingress and egress being granted by G.A.
Homes, Inc., to Dakota (as well as any existing prescriptive or implied easement
rights Dakota may already possess), the right of access over Bamboo Lane to a
public highway (U.S. 1) can be clearly demonstrated by Dakota, and, therefore,
City Engineer approval of the plat of Dakota Lofts should no longer be delayed
for this reason.
Further, in Item 3 i) of David Kelley's December 20 letter, he mquires as
to how Dakota will prevent "Tract 'B' [i.e., Dakota Lofts] from crossing the Not
Included Lot 3D, and vice versa." We do not believe that this matter, which
relates to the use of the canal adjacent to Dakota Lofts and Lot 3D, is relevant to
the City Engineer's approval of the Dakota Lofts plat. I am aware of no
provision of Chapter 177, Florida Statutes, or the City of Boynton Beach Code to
which such an inquiry would reasonably relate. This IS a private matter between
the owner of Dakota Lofts and the owner of Lot 3D In any event, Dakota will
work with the owner of Lot 3D to come up with mutually acceptable appropriate
measures (such as signage, floating buoys, etc.) to prevent such encroachments.
Thank you for your consideration.
Very truly yours,
HOLLAND & KNIGHT LLP
By'
GERALD L. KNIGHT
cc: Lindsey Payne, Esq
Dror Triger
Press Tompkins
FTLl #605828 vI
CITY OF BOYNTON BEACH, FLORIDA
INTER-OFFICE MEMORANDUM
TO' Jeff Livergood, Director, Public Works
ce. David Kelley, Utility Engineer
FROM. Lindsey A. Payne, Assistant City Attorney LAP
James A. Cherof, City Attorney JAC
SUBJECT City of Boynton Beach (the "City")/Dakota Lofts Plat
DATE. December 24, 2002
Thank you and David for meeting with me on Wednesday, Decembel" 18, 2002, regarding the
Dakota Lofts Plat. David's research and review of the platting issues pertaining to Dakota Lofts
serves the City well and his due diligence and dedication are to be commended. I do understand
and respect all of the time and effort he has put into determining the issues pertaining to the plat
and its relationship to Bamboo Lane.
As we discussed at the meeting, Bamboo Lane according to the information supplied by
Attorney Jeffrey A. Levine, is owned either by Palm Beach County because of a Court order
transferring title for unpaid taxes or Dakota Lofts via the quit-claim deeds provided by the
Swetman heirs to Dakota Lofts. This means that either the County owns the road or Dakota Lofts
owns the road. Between the two, I am confident that the access issue via Bamboo Lane is no
longer a legal impediment to letting Dakota Lofts proceed with basic engineering groundwork.
If you like, we could probably put language in any engineering permits Issued at this point to
Dakota Lofts that the permits are being issued subject to final plat approval and that Dakota
Lofts is willing to proceed knowing that the plat still needs appwval.
Please feel free to call me with any questions or concerns regarding this nratter Please let me
know if you disagree with allowing Dakota Lofts proceed with preliminary engineering permits.
LAP/ja
H:\1990\900182.BBIMEMO 2002\JdfLivergooOt (Oako,", Lolls PIIll).doc
TOTAL P 02
DEVELOPMENT DEPARTMENT
MEMORANDUM NO PZ 02-189
TO:
H. David Kelley, P.E.
City Engineer
THROUGH:
1'\ ~R-
Michael W Rumpf
Planning and zon~'ng D' ector
Lusia Galav, AICP
Principal Planner
FROM.
DATE:
September II, 2002
SUBJECT
Dakota Lofts Plat
I have reviewed the above referenced plat and have the following comments.
1. The plat confonns to the site plan as approved by the City Commission on January 15, 2002.
2. Dakota Lofts is a POO and must contain "POO" within the plat title (Ch. 5, Art. V, Sec. 1, 13).
3. The plat contains a private waterway (Tract "B"). The reservation language does not address the use
of the canal by the private property owners adjacent to the canal. Is this an issue?
4. Residents on Virginia Gardens Drive will access Federal Highway through the Dakota Lofts
development. The plat should contain a dedication for a cross access easement.
5. Access for the plat is from Bamboo Lane, an undedicated right-of-way Is this legal access and
should this be addressed on the plat or the survey?
6. Minor comment/typos are shown in red on the attached copy of the plat.
S:\PLANNING\SHARED\WP\f'ROJECTS\DAKOTA LOFTS\Pl.AT CQMMENTS.MEMO.DOC
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