CORRESPONDENCE
03/18/03 11m 17:23 FAX 1 561 241 5182 SCHNARS ENGINEERING qp
~Bnt -By: LAW#OFFICE 561 272 6831; Mar-' a.;3 4:3BPM;
141 002
Pal;E! 112
ROBERT MARC SCHWARTZ, P. A.
ATI'ORNEY AT I.AW
Rc BERT M. SCHWARTZ
FLC :UnA BAR. BoARD CER"l'IFrF..TJ
kE.. L ESTATE LAWYER
102 Nortb Swinto" A rl!pIU!
Dolr.y Beech. n. 33444.:1634
OJ" ~OVPliSl:L TO:
WE DR.. AIlONSON, P.A.
March 18, 2003
PlJooe:(561) 265-26156 bt, 4
Fax: (561) ~.12-QJl
EwM.il: IAwy~r@~.te.Dllt
M: . Jim Cherof, City Attorney
Ci' y of Boynton Beach
10) Eart Boynton Beach Boulevard
Rcyntcn Beach, I'L 33425
RI : Schnurs Rusiness Cenl.er (ABAN02-DOJ )/Reversionary Kighrs
924 North Fe(lcml Highway, Boynton Beach, FL
Dt ill' Mr. Cherof:
Please be adv~;Qd that I represent 924 Venture, LL.C.. it Florida lbn1ted liability CC1mpany. that pwchased
1<[20, less the East ,~ teet, ..ndall ufLots21, 22. and 23, Block 4, LAKEADDmON(toDoynton, Floric.a). and
is :urrc'..ntly pursuing an abandontnent of'the 2,0' alley lying between Lot 20 and Lots 21 through 24 in Block 4,
You have expressed a COncern a5 to the re.'lervlltion. in fa"or of Boynton Finance Company, U(at was
CO l.tainecl in the original 1925 Plat of LAKE A DDITION as recorded in Plat Book 'lJ. Page 71, of rB .Pu blie
Rc cords of Palm Beach County. Florida- This concem in unwarranted.
Pursuant to FI:lrida Statutes Section 177,085 (a copy ofwh1ch Is attll.ched)) such revli:nioDS C:Ollta.m.ed. in
pll.ts recorded prior to July 1, 1972 were extinguished unless it was Instituted tQ establish or enforce SlICh right.::
on or before July J, 1913. I have examined. titf.e to the subject property and no ,"uch ~tion was brought wit:hin th~
fClIUirc:d time frAIne, (II' subsequently. Th~rcibre, the reversionary interest goes to the title holder as to ~:ach let
ur:)n the completion (Ifth" ab8ndonmc:nt.
My cli....nts have also requested that I provide the City oCBoynton Beaah with furthor assurance that, ill dIe
ev ~nt thaL II future title iSS\l.e ariring from the abandonment, as Itrelates to the above ~~ibed reversionar;1' illte::t:St,
thl: property owner has undertaken to provide ~y requited defense of same at its sole cost and expense.
ShQuld you ha:vc any quesliuns concerning the abo\'c. orthe enclo~:ed. ph~asc fccl free to advise ml~ cfsune.
f:ZZ~~
RI ilS/cjb
EI closure as noted.
,"I:: Mr, Jeffi'e)" T. 'Scbnars. F.E.
ltobert M, Schwartz
t.:\( lJIiNTI\J.hnf"~\J!n"",,,,^~.OJn'n.'tI'IJ
03/18/03 11m 17:24 FAX 1 561 241 5182 SCHNARS ENGINEERING
. tient~'By: LAW#OFFICE j 561 272 6831; Mal' - h.
st tutes->Vicw Statutcs-.::>2002->Ch0177->Sectioll 085: flsenatc.gov
"RP
03 4:36PM;
141003
PS!3<l 2/2
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:~"'~"'~J""'"':!-':''l~I)I.n;;Hi .lrl'.+",pl.F1f,1 ~:'r:-oc<l,-r-:. J I.' : ~):~{\IIi4 .1...., 'lhR~' "};lJ:'~
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Constitution
Laws or Ftorida
,.
Orc'er
fG~
'fhe 2002 Florida Statutes
Tltl!!! :KU CbaDtet:: 171
MUNICIPhllTIES LArIJO BOUNDARIES
t 77 .OB5 PIBtt:Eld streets: revel"&ionary clilUSes.~~
VieV'( Entire ehaptel:
:1) When anv 1)'Nner of land subdlvidE!5 the land and dedicates streets, Dther roadwaysl alleys or
similar strips on the map or plat, ind the dedicatlcn c:onlains a provision that the reversionary
,nterest in the street, roadway; alley or ol'her similar strip Is reserved unto the dlJdicator or hIs Of
ner l'Ielrs, SUCCElSSO~, "$Signs, or legal representatIve, or similar language, .nd thereafter conve~'s
abutting lots or tracts. the conveyanCE: shall carry the reversionary Interest in the abutting strEet
to the centerline Or other appropriatel::Jcundary, unless the own~r clear1y provides otherwise Ir the
conveyance.
(2) As to all pl,~,;:,;; of subdivided lots heretofore I"eQ)l'ded 'n the public records of each county,:h(l
holder of any interest in an)' I"eversiomlrY rights In streets in such ph:l'tsl tither than the owner:; cl
abutting lots, 51all have 1 year from J'JIV 1, 1972~ to Institute suit in ~ c:aurt of competent
jurisdiction In his state I;D establish or enfcrail the rIght, and failure to institute the iH::tion Within
the time shall t,.r any right, tltle or Interest, and all tight Df fcrfe,iwre or revlilt$lon shall thereupon
cease and daterrnine. and beeome unfmfcm::eable.
HlstOr,.--ss. 1, 2, ch. 72-257; s. 50. eh. 73~333; s. 936, m. 9S~147,
Welcome · S~lsslon · COf1)mittees · Scn;ators . lnformati9.n Center · SJatutes and Constitutislcr "
Lobbvhit Informa~h:~n
Oi$C;lailftQl': Thl~ Informaticm on this sYStem is l.Inyeril'led. TtUil jwmiills or printed bill!; Qf the respeCtive cham~r.l
ShOUld be eo"~LJrted mr offiCllll pllrposes. CoPYriQht t;l2QOO-2.00:3 s~lI~e of Aorlda. c:cnl!ilcl: us,
Priv!UiY_~ta[ement
lIUp:../www.I1aena1I..gov/Statutes/index..cfin.? App _mode=Display _ Sta.tute&Seom:h _ String= ... 3/17/2003
03/18/03 11m 17:23 FAX 1 561 241 5182
.
..
SCHNARS ENGINEERINr ~RP
F
To:
A
c
s
M
L
SCHNARS ENGINEERING CORPORATION
951 BROKEN SOUND PARKWAY, SUITE 108
BOCA RATON, FLORIDA, 33487
lEL: (561) 241-6455
FAX: (561) 241"5182
Mike Rwnpf, City of Boynton Beach, 561-742~6259
No. of pages:
From:
Re:
3 (including cover)
Jeffrey T. Schnars, P,E.
Date: March 18, 2003
Sc1mars Business Center, 924 North Federal Highway, Boynton
Beach
Attached is the letter from the attorney.
41001
E
~f, Michael
From:
Sent:
To:
Cc:
Subject:
Cherof, James
Tuesday, March 18, 2003 5:54 PM
'Iawyer@gate.net'
Bressner, Kurt; Greene, Quintus; Rumpf, Michael
Schnars Business Cente/Reversionary Rights
Robert Marc Schwartz, Esq.
Thank you for your very professional and concise opinion letter which was delivered to me late this afternoon. You
opinion letter, following examination of title, addresses and resolves all of the concerns we had regarding the potential for
a reversionary claim that might result from an abandoment of the alley. I will so advise the City staff and City Commission
at the Commission meeting this evening.
1
NO. 534509
NOTICE OF PUBLIC HEARING
NOTICE OF LAND USE AMENDMENT
NOTICE OF REZONING
~
~L>'1 ;;
L(I
NOTICE IS HEREBY GIVEN that the Community Redevelopment Agency
Board of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a
PUBLIC HEARING, on Tuesday, February 11, 2003 at 6:30 p,m. in the
CITY HALL COMMISSION CHAMBERS 100 East Boynton Beach Boule-
vard, to consider this request submilled by Jeffrey T. Schnars on behalf
of Schnars Engineering Coq:~oration. The City Commission of THE CITY
OF BOYNTON BEACH, FLORIDA, will also hold a public hearing to
consider this request on Tuesday, February 18, 2003, and on Tuesday,
March 18, 2003, each hearing at 6:30 as soon thereafter as the
agenda permits at the CITY HALL COMMISSION CHAMBERS, 100
Easy Boynton Beach Boulevard. The request is described as follows:
LOCATION: 924 N. Federal Highway
REQUEST: Amend the Comprehensive Plan Future Land
Use Map:
From - General Commercial (GC)
and Mixed-Use[MX)
To ' Mixed-Use (MX)
REQUEST:
Rezone:
From - General Commercial District
1C-4) and Single Family
Residential District (R-l,Al
To - Mixed-Use-Light (MLl-L)
Office/Rental
PROPOSED USE:
LEGAL
DESCRIPTION:
On file in Planning and Zoning Division
Location Map
SCHNARS BUSINESS CENTER
I I I
.
I
+
I:
..~
w-<f'
-=J1-~ -
--------'-~.~-
This request can be viewed between the hours of 8:00 a.m. and 5:30
e.m. at the City of Boynton Beach Planning and Zoning Division, 100
East Boynton Beach Boulevard.
All interested parties are notified to appear at said hearings in person or
by allorney and be heard. Any person who decides to appeal any
decision 01 the Planning and Development Board or City Commission
with res[lect to any mailer considered at these meetings will need a
record of the proceed;ngs and for such purpose may need to ensure that
a verbatim record of tlie proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where
necessary to afford an individual with a disability an equal opportunity
to participate in and enjoy the benefits of a service, program, or activi!y
conducted by the City. Please contact Patricia Tucker (561)742-6268,
at lease twenty-four (24) hours prior to the program or activity in order
for the City to reasonably accommodate your request.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBLISH: The Post, February 1 & 11, 2003
~
..~ .. '.... ~: '" J......'...,'-I.-~:..!.,g,
u.~. Filter Corp. became 6,~
fir"t company on record to us,~
p: advocates to build the
cOuHty'S proposed sludge-
tn~atment plant.
Unruh and Hochberg have
been brought in at least a year
before the project is expected
to be put out to bid. County
officials have yet to decide
what type of plant to build,
how many tons of sewage it
will process, and what type of
technology it will use to bake
the waste-water muck into
buckshot-sized pellets for use
as fertilizer.
For U.S. Filter, a subsidiary
of Paris-based Vivendi Envi-
ronmental, its the perfect
time to start gathering infor-
mation.
Unruh and Hochberg be-
gan doing that Monday,
prompting County Adminis-
trator Bob Weisman to meet
with some commissioners to
tell them that they're under no
obligation to make any deci-
sions at this time.
The county's water utili-
ties director, Gary Dernlan,
said delays could come during
the negotiating with cities
from Boca Raton to Jupiter to
see who wants to send their
sludge to the plant at 45th
Street and Jog Road. Right
now the county and most of its
cities truck out about 19,000
tons of sewage sludge annual-
ly.
For years county officials
have said they need to build
the plant because places to
dwnp sludge are dwindling.
Dernlan said the best way to
get the plant off the ground
would be to hire one company
to design, build and operate it.
In September, U.S. Filter
signed a $200 million long-
term contract with Atlanta to
develop and manage the city's
sludge recycling. The deal was
lauded by Atlanta Mayor
Shirley Franklin. Three years
before her election, Franklin
was a lobbyist for U.S. Filter in
its bid to manage the city's
water-delivery system. U.S.
Filter lost out to another firm,
which later had its contract
canceled under Franklin's
tenure as mayor.
U.S. Filter marketing di-
rector Joe Ortiz said the com-
pany hired Unruh and Hoch-
berg because they're in the
best position to understand
; the bidding process and the
if
/
STAFF GRAPHIC
political climate of Palm
Beach County.
Lately, county commis-
sioners have been a bit more
cool to lobbyists as critics be-
gan questioning the use of
paid advocates.
It happened again Mon-
day when Unruh and Hoch-
berg met with Commissioner
Warren Newell. Newell said
he asked if they had regis-
tered. Both said yes.
The county clerks office
had no record of Hochberg
registering. He did not return
a message left at his office
seeking comment.
@ marc_caputo@pbpost.com
NEVER PAINT
CALL 736.~
LOCAL
-rneTcllIowing proposed 'inanees that are published by eapV only were read on First J
Reaoing at the Regular Cify Commission meeting of the City Commission of the City of Boynton ,
Beach, Florida on Tuesday, FEBRUARY 4, 2003 at 7:00 p,m, These ordinances shall be
presented for proposed enactment by the City Commission at the Regular City Commission
meeting to be held at City Hall, in the Commission Chambers, 100 East Boynton Beach Blvd"
Boynton Beach, Florida on Tuesday, FEBRUARY 4, 2003 AT 7:00 P,M.
ORDINANCE NO. 03- OOJ-
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 2 ADMINISTRATION,
ARTICLE IV, SECTION 2-56 PROVIDING FOR
AMENDMENT TO PROCEDURES FOR THE
SALE OF SURPLUS CITY OWNED REAL
PROPERTY; PROVIDING FOR CONFLICTS,
SEVEAABILITY, CODIFICATION AND AN
EFFECTIVE DATE,
ORDINANCE NO. 003 -ott3
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING ABANDONMENT OF A 40 FOOT
WIDE RIGHT-OF-WAY LOCATED ON NE 3RD
STREET, BEING MORE PARTICULARLY
DESCRIBED HEREIN, SUBJECT TO THE
CONDITIONS OF APPROV AL A IT ACHED AS
EXHIBIT "C"; AUTHORIZING THE CITY
MANAGER TO EXECUTE A DISCLAIMER FOR
SAID ABANDONMENT; PROVIDING THAT THE
ATTACHED DISCLAIMER BE RECORDED IN THE
PUBLIC RECORDS OF PALM BEACH COUNTY;
AND PROVIDING AN EFFECTNE DATE.
ORDINANCE NO. 03 - 00 i
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING CHAPTER 2, "ADMINISTRATION"
ARTICLE I, SECTION 2-1 TO INCORPORATE A
REVISED CITY ORGANIZATIONAL CHART,
EFFECTIVE JANUARY 1, 2003; PROVIDING FOR
CONFLICTS, SEVEAABILITY, CODIFICATION AND
A..~ EFFECTIVE DATE.
Interested parties may appear at said meeting and be heard with respect to these proposed
ordinances. Subject ordinances may be inspected by the public at the Office of the City Clerk at
City Hall, 100 E. Boynton Beach Blvd., Boynton Beach, Florida 33435. Pursuant to F,S.
286.0105, please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, he will need a record of this
proceedingj and for such purpose, he may need to ensure that a verbatim record of the
proceeding is made, which record includes the testimony and evidence upon which the appeal
is to be based.