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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 Page 1 of 1 flae.nate"goy .. View stat1Jtq Search St~tutes select Vea..: ~ :2.n02 ~tiiii , '':-,:. "J ~ ' . ';mlllllr:'~: Iim ' ",::r,', ,',' ':';r.ti",' I, , ,?- . .-;:" :~"'~"'~J""'"':!-':''l~I)I.n;;Hi .lrl'.+",pl.F1f,1 ~:'r:-oc<l,-r-:. J I.' : ~):~{\IIi4 .1...., 'lhR~' "};lJ:'~ 'l~ ~--..::-~i-"l'If' ~1~:-,,'.~\..:i4.j~:::~. ~'I~ .... I I::'t,~:-\;,;;';.";'~':' ;1,l'\,P ~.tC~;'~"" 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.