CORRESPONDENCE
Galav, Lusia
From:
Sent:
To:
Cc:
Subject:
Kelley, David
Wednesday, September 25,200210:06 AM
Johnson, Eric; Tolces, David
Galav, Lusia
Nautica Boulevard Abandonment Documents
Eric:
I have reviewed a copy of the proposed documents (that you sent me on September 10th) prepared
by the law firm of Sachs, Sax & Klein, PA dated September 5th, and offer the following comments:
The Quit-Claim Deed from the City to the HOA seems okay (except to change the word "Council" to
read "Commission"), provided that the abandon right-of-way can be accomplished by Resolution.
This may require an Ordinance since we are dealing with real property. You need to send the
"attachments" to David Tolces (of you have not done so already) for his review, comment and
decision on the action to be taken.
The Access Easement appears to be proper to allow the City access to the Park Tract ("D"), but
again I will yield to David Tolces on the legal issue.
If you (or David Tolces) have any further question on this matter, please advise me. I apologize on
the delayed response to this issue, priority matters sometimes get in the way.
Dave....
1
Galav, Lusia
From:
Sent:
To:
Cc:
Subject:
Kelley, David
Thursday, October 03, 2002 7:50 AM
Johnson, Eric
Galav, Lusia; Coale, Sherie
RE: Nautica Boulevard Abandonment Documents
Eric:
Sorry for the delayed response to your?? I believe that this e-mail will suffice as a note to the file,
stating Engineering Division's position on the subject. The method to which the City Commission will
take action remains unanswered from the City Attorney's office. Our proviso noted below is our
caution "flag waving" on this subject.
Dave....
-----Original Messagenm
From: Johnson, Eric
Sent: Monday, September 30, 2002 10:09 AM
To: Kelley, David
Cc: Galav, Lusia; Coale, Sherie
Subject: RE: Nautica Boulevard Abandonment Documents
Dave,
Apart from the technical issues, are you going to give P&Z a memorandum indicating that Engineering has no
problems with the request to abandon the right-ai-way? Or will this email serve as your memorandum? I wanted to
put something in the file.
Lusia, when you get a chance, let's discuss. Sherie and I will have the legal ad completed by this Wednesday.
-----Original Message-un
From: Kelley, David
Sent: Wednesday, September 25, 2002 10:06 AM
To: Johnson, Eric; Tolces, David
Cc: Galav, Lusia
Subject: Nautica Boulevard Abandonment Documents
Eric:
I have reviewed a copy of the proposed documents (that you sent me on September 10th)
prepared by the law firm of Sachs, Sax & Klein, PA dated September 5th, and offer the
following comments:
The Quit-Claim Deed from the City to the HOA seems okay (except to change the word
"Council" to read "Commission"), provided that the abandon right-of-way can be accomplished
by Resolution. This may require an Ordinance since we are dealing with real property. You
need to send the "attachments" to David Tolces (of you have not done so already) for his
review, comment and decision on the action to be taken.
The Access Easement appears to be proper to allow the City access to the Park Tract ("0"),
but again I will yield to David Tolces on the legal issue.
If you (or David Tolces) have any further question on this matter, please advise me. I
apologize on the delayed response to this issue, priority matters sometimes get in the way.
1
SACHS, SAX & KLEIN, P.A.
ATTORNEYS AT LAW
NORTHERN TRUST PLAZA, SUITE 4150
301 YAMATO ROAD
BOCA RATON, FLORIDA 33431
MAILING ADDRESS
POST OFFICE BOX 810037
BOCA RATON, FLORIDA 33481-0037
TELEPHONE (561)237-6800
DIRECT LINE (561) 237-6807
FACSIMILE (561) 994-4985
MICHAEL A. RODRiGUEZ, ESQ.
e-mail: mr@sachs-sax-klein.com
September 26, 2002
Eric Johnson
City of Boynton Beach
Planning and Zoning Department
Post Office Box 310
Boynton Beach, Florida 33425-0310
Re: Nautica Boulevard Right-of-Way Abandonment
Quit Claim Deed from City of Boynton Beach
Public Access Easement from Nautica HOA
Our File No. 2589.001
Dear Mr. Johnson:
Enclosed please find the revised Quit-Claim deed from the City for the portion of Nautica
Boulevard that will be abandoned, as well as the Access Easement. Each of the documents have been
revised as per David Tolces' instructions to me.
Please contact me upon receipt of these documents to confirm that the abandonment
application is on the agenda of the Planning and Development Board for October 22,2002.
If you have any additional questions, please do not hesitate to contact me.
Very truly yours,
SACHS, SAX & KLEIN, P.A.
~~/
Michael A. Rodriguez
MARlcs
cc: Nautica Homeowners' Association, Inc.
Enclosures
M:I.t\"ociation\Nautica\R 0 W,AbandollmPllt\ltr.Johmun fllMI df'f'd and easement.wpd
~r.: ~
This Instrumf'nl Prepared By:
Michdt'1 A. Rodriguez, Esq.
Sach<; Sax Kleln
301 Y~lmato Road, Suite 4150
Boca Raton, Floridd 33431
ACCESS EASEMENT
THIS EASEMENT, made this day of , 2002, between NAUTICA
HOMEOWNERS' ASSOCIATION, INC. ("Grantor") whose address is c/o Prime Management
Group, 6300 Park of Commerce Boulevard, Boca Raton, Florida 33487 as the party of the first
part, and the CITY OF BOYNTON BEACH, flORIDA, ("Grantee") whose address is 100 East
Ocean Boulevard, Boynton Beach, Florida 33425 as party of the second part.
WITNESSETH: That the party of the first part, for and in consideration of the sum of TEN
DOLLARS ($10.00) and other valuable consideration, receipt whereof is hereby acknowledge,
hereby grant(s) unto the party of the second part, its successors and assigns, a perpetual
easement and right-of-way for purpose of an access easement to the public, over, upon,
through and across the following described land, situate in the City of Boynton Beach, Palm
Beach County, Florida, to-wit:
THAT PORTION OF NAUTICA BOULEVARD, TRACT "B", IN ITS ENTIRETY,
ADJACENT AND ABUTTING TRACT "D" NAUTICA P.U.D., UNDER THE CONTROL
OF NAUTICA HOMEOWNERS' ASSOCIATION, AS RECORDED IN PLAT BOOK 74,
PAGE 174 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TO HAVE AND TO HOLD THE SAME unto the party of the second part, its successors and
assigns forever.
IN WITNESS WHEREOF, the said party has hereto set its hand(s) and seal(s) the day and year
fi rst above written.
Signed, sealed and delivered in the presence of:
NAUTICA HOMEOWNERS'
ASSOClATION,INC.
By:
Jack Lynch, President
Witness
c/o Prime Management Group,
6300 Park of Commerce
Boulevard, Boca Raton, Florida 33487
Witness
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority, personally appeared JACK LYNCH, who is personally
known to me or who has produced as
identification and who did/did not take an oath, executed the foregoing instrument as such
Officer(s) on behalf of said Corporation for the uses and purposes therein expressed.
WITNESS my hand and seal this
day of
,2002.
NOTARY PUBLIC
This instrumpnt was pn->parf'd by!
Return to:
Michdf'1 A. Rodriguez, Esq.
SACHS, SAX & KLEIN. PA
PO. Box 810037
Boca Raton, Floridd 33481-0037
QUIT-CLAIM DEED
This Quit-Claim Deed, dated this day of ,2002 by and between CITY
OF BOYNTON BEACH. FLORIDA, whose address is 100 East Ocean Boulevard. Bovnton Beach,
Florida 33425(Grantor), and NAUTICA HOMEOWNER'S ASSOCIATION. IN~,a Florida corporation,
whose address is c/o Prime Management Group, 6300 Park of Commerce Boulevard. Boca Raton.
Florida 33487, (Grantee).
WITNESSETH, that said Grantor, for and in consideration of the sum of Ten and no/100
($10.00) Dollars, and other good and valuable considerations to said Grantor in hand paid by said
Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto
the said Grantee forever, all the right, title, interest, claim and demand which the said Grantor has in
and to the following described lot, piece or parcel of land, situate, lying and being in Palm Beach
County. Florida, to wit:
That portion of former Tract "B" - Nautica Boulevard, abandoned by
Resolution of the City Council of the City of Boynton Beach, Florida
adjacent to and abutting Tract "0" Nautica P.U.D., as recorded in Plat
Book 74, Page 174 of the Public Records of Palm Beach County,
Florida
To have and to hold together with all and singular the appurtenances thereunto belonging or
in anywise appertaining, and all of the estate, right, title, interest, lien, equity and claim whatsoever of
said Grantor, either in law or in equity, to only the proper use, benefit and behoof of the said Grantee,
forever.
"Grantors" aod "Grantee" are used for singular or plural, as context requires.
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year
fi rst above written.
Signed, sealed and delivered
in our presence:
CITY OF BOYNTON BEACH, FLORIDA
Signature
Mayor
Print Name
Approved as to form:
Signature
Print Name
City Attorney
M :\Assocmtion\Nautica\R-O- W.Abandonmcnt\Quit-Claims\TD City of Boynton Beach.QC.wpd
STATE OF FLORIDA )
) SS
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take
acknowledgments, personally appeared
to me known to be the person(s) described in and who executed the foregoing instrument and
acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this day of
,2002.
NOTARY PUBLIC
M:\AssOclation\Nautica\R-O-W.Abandonmcnt\Quit-Claims\T0 City of Boynton Beach.QC.wpd
.j
.SACHS, SAX & KLEIN, P.A.
.4
Facsimile
Attorneys at Law
Northern Trust Plaza, Suite 4150
301 Yamato Road
Boca Raton, Florida 33431
Phone: (561) 237-6807
Facsimile: (561) 994-4985
from: MICHAEL A. RODRiGUEZ, ESQUIRE
TO:
Eric Johnson
Boynton Beach Planning & Zoning Dept.
DATE:
August 5, 2002
FAX #:
561.742.6259
#OF
PAGES
4 including cover
page
RE:
Nautica Boulevard Right-of-Way
Abandonment Utility Easement
FILE #:
2589.001
MESSAGE: Attached please find a copy of the Utility Easement transmitted to Dave Kelly on July 8,
2002. The copy will be submitted to your office tomorrow morning.
URGENT! PLEASE IMMEDIATELY HAND CARRY TO RECIPIENT
RECIPIENT IS EXPECTING THIS FAX, PLEASE NOTIFY
PLEASE lEAVE FOR PICK-UP BY RECIPIENT
RESPONSE IS REQUIRED
NO RESPONSE IS REQUIRED
FAX ONLY (NO HARD COPY TO BE MAilED)
ORIGINAL TO BE HAND DELIVERED
( X )
( )
( )
( )
( X)
( )
( X )
THIS FACSIMILE CONTAINS PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USEOFTHEADDRESSEE(S)
NAMED ABOVE. IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS FACSIMILE, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR
DELIVERING IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY COPYING OF THIS FACSIMILE, OR USE OR
DISSEMINATION OF THE INFORMATION IN IT, IS STRICTLY PROHIBITED. IFYOU HAVE RECEIVED THIS FACSIMILE IN ERROR, PLEASE
IMMEDIATELY NOTIFY THE SENDER BY TELEPHONE AND RETURN THE ORIGINAL FACSIMILE TO US ATTHE ABOVE ADDRESS VIA
THE u.s. POSTAL SERVICE.
Aur:; Fi
.
&
SACHS, SAX & KLEIN, P.A.
ATTORNEYS AT LAW
NORTHERN TRUST PLAZA, SUITE 4150
301 YAMATO ROAD
BOCA RATON, FLORIDA 33431
MAIliNG ADDRESS
POST OFFICE BOX 810037
BOCA RATON, FLORIDA 33481-0037
TELEPHONE (561)237-6800
DIRECT LINE (561) 237-6807
FACSIMILE (561) 994-4985
MICHAEL A. RODRIGUEZ, ESa.
e-mail: mr@sachs~sax.klein.com
July 8, 2002
David Kelly
City of Boynton Beach
Engineering Department
Post Office Box 310
Boynton Beach, Florida 33425-0310
Re: Nautica Boulevard Right-of-Way Abandonment
Utility Easement to City of Boynton Beach
Our File No. 2589.001
Dear Mr. Kelly:
Enclosed please find the Utility Easement to the City of Boynton Beach as requested
by the City.
If you have any additional questions, please do not hesitate to contact me.
Very truly yours,
SACH7SAX9l K~N, P.A.
~A-r-7
Mi~1 A. Rodriguez
/
MARIes
Enclosures
M:\A~w( iation\Nautica\R-O-W .Abandonment\ltr.City.utility ea~ement.wpd
6J
&J
This instrument prepared by:
Michael A. Rodriguez, Esq.
Sachs, Sax & Klein, P.A.
Suite 4150, 301 Yamato Road
Boca Raton, Fl 33431
UTILITY EASEMENT
THIS EASEMENT is made, granted, and entered into this 8TH day of ]' c/L7"
_, 2001:,., by Nautica Homeowner's Association ("Grantor"), whose address is c/o Prime
Management, Inc., 6300 Park of Commerce Boulel'ard, Boca Raton, Florida 33487, and City
of Boynton Beach, Florida ("Grantee"), whose address is Post Office Box 310, Boynton
Beach, Florida, 33425-0310.
WITNESSETH
That Grantor, for an in consideration of the sum of Ten Dollars ($10.00) in hand paid
by the Grantee and other good and valuable consideration, the receipt of which is hereby
acknowledged, does hereby grant to the Grantee, its successors and assigns, a perpetual utility
easement which shall permit Grantee authority to enter upon the property of the Grantor at
any time to install, operate, maintain, service, construct, reconstruct, remove, relocate, repair,
replace, improve, expand, tie into, and inspect potable water, reclaimed water and/or
wastewater lines and appurtenant facilities and equipment in, on, over, under and across the
easement premises. The easement hereby granted covers a stip of land lying, situate and
being in Palm Beach County, Florida and being more particularly described as follows:
THAT PORTION OF TRACT "B" - NAUTICA BOULEVARD AS RECORDED IN
PLAT BOOK 74, PAGES 170THROUGH 175 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, ABANDONED BY RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA,
Grantor hereby covenants with Grantee that it is lawfully seized and in possession of
the real property herein described and that it has good and lawful right to grant the aforesaid
easement fee and clear of mortgages and other encumbrances unless specifically stated to that
contrary.
I.)
u
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal as
of the date first above written.
, tlQJ<;J",,,,j
" ~ -- I
By:
NAUTlCA HOMEOWNERS
ASSOCIATION,INC.
~7~
?f1nt Name: John Lynch
Its President
[CORPORATE SEAL]
prll~!!4,lt::SAer
STATE OF FLORIDA
COUNTY OF PALM BEACH
V-
The foregoing instrument was acknowledged before me this ~ day of
b; '\~ ,2002, by John Lynch, who is personally known to the undersigned or who
puce ~ '--: < '>0 \- C? &-0 \'\1 ~ .$" UL'a~ identification, and he acknowledged to and
before me that he executed the same as the President of Nautica Homeowner's Association,
Inc., a Florida corporation, on behalf of the corporation.
,
~ '
~,~~~_.
NOTARY PUBLIC .
.,i'ii.\:'~, DONNA GINIECZKI _ "I
,./6\., MY COMMISSION i CC 841F,59 !
lJ1.Jl'}..w EXPIRES: June ,0, 2003
"')"rif.:f:,~ Bonded Thru Notary Fublic UndffwriMS
M:\Association\Nautica\R~O.W .Abandonment\uti I ity .easemenLF Pl. wpd
SACHS, SAX & KLEIN, P.A.
ATTORNEYS AT LAW
NORTHERN TRUST PLAZA, SUITE 4150
301 YAMATO ROAD
BOU. RATON, FLORIDA 33431
MAILING ADDRESS
POST OFFICE BOX 810037
BOCA RATON, FLORIDA 33481-0037
TELEPHONE (561) 237~6800
DIRECT LINE (561) 237 6807
FACSIMILE (561) 994-4985
MICHAEL A. RODRiGUEZ, ESQ.
e-mail.mr@sachs-sax-klein.com
September 5, 2002
Eric Johnson
City of Boynton Beach
Planning and Zoning Department
Post Office Box 310
Boynton Beach, Florida 33425-0310
Re: Nautica Boulevard Right-of-Way Abandonment
Quit Claim Deed from City of Boynton Beach
Public Access Easement from Nautica HOA
Our File No. 2589.001
Dear Mr. Johnson:
Enclosed please find a draft of the Quit Claim Deed from the City of Boynton Beach to Nautica
Homeowners' Association, Inc. for the portion of Nautica Boulevard fronting onto Tract "D", the City's
park parcel. This draft has been forward to Assistant City Attorney David Tolces.
Also enclosed please find a draft of the Access Easement to the Public for that portion of Nautica
Boulevard fronting the park parcel for access to the park property. This draft has also been forward to
Mr. T olces.
The quit-claim deed and access easement address the concerns of the City regarding access to
Tract "0" for the City and the general public. At this time, we believe that the application for
abandonment should be placed on the agenda for the September Planning and Development Board
Meeting.
If you have any additional questions, please do not hesitate to contact me.
Very truly yours,
SACHS, SAX & KLEIN, P.A.
~~
Michael A. Rodriguez
MARlcs
cc: Nautica Homeowners' Association, Inc.
Enclosures
M:\A.,51)('idtion\NdlltlCd\R 0 W,Abdndunment\ltr.]{)hn"oll,ur,lft ueed & ea.,ement,wpd
m ~ ~,ry ~ U \~) ~ [
I r II'
~l! C'ff) J2 "I'
',JUt '- .j,
L_._.~__,_._ ___.
SEPlom
;'1
" ~.,
..,
This Instrument Prepclred By'
DRAFT
Michael A. Rodrfguez, E<:;q.
Sachs Sax Klf'in
301 Yamdto Road, Suitt' 4150
Boca Raton, Florida 33431
ACCESS EASEMENT
THIS EASEMENT, made this day of , 2002, between NAUTICA
HOMEOWNERS' ASSOCIATION, INC., as the party of the first part, and THE PUBLIC, as party
of the second part.
WITNESSETH: That the party of the first part, for and in consideration of the sum of TEN
DOLLARS ($1 0.00) and other valuable consideration, receiptwhereofis hereby acknowledge,
hereby grant(s) unto the party of the second part, its successors and assigns, a perpetual
easement and right-of-way for purpose of an access easement, over, upon, through and across
the following described land, situate in the City of Boynton Beach, Palm Beach County,
Florida, to-wit:
THAT PORTION OF NAUTICA BOULEVARD ADJACENT AND ABUTTING TRACT
"0" NAUTICA P.U.D., AS RECORDED IN PLAT BOOK 74, PAGE 174 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TO HAVE AND TO HOLD THE SAME unto the party of the second part, its successors and
assigns forever.
-
IN WITNESS WHEREOF, the said party has hereto set its hand(s) and seal(s) the day and year
first above written.
Signed, sealed and delivered in the presence of:
NAUTICA HOMEOWNERS'
ASSOCIDON, INC.
By: RAFT
Jack Lynch, President
Witness
Witness
c/o Prime Management Group,
6300 Park of Commerce
Boulevard, Boca Raton, Florida 33487
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority, personally appeared JACK LYNCH, who is personally
known to me or who has produced as
identification and who did/did not take an oath, executed the foregoing instrument as such
Officer(s) on behalf of said Corporation for the uses and purposes therein expressed.
WITNESS my hand and seal this
day of
,2002.
NOTARY PUBLIC
This instrument was prepared by!
Return to:
Michael A. Rodriguez, Esq.
SACHS. SAX & KLEIN, PA
P.O. Box 810037
Boca Raton, Florida 33481-0037
DRAFT
QUIT-CLAIM DEED
This Quit-Claim Deed, dated this day of ,2002 by and between CITY
OF BOYNTON BEACH, FLORIDA, whose address is 100 East Ocean Boulevard. Bovnton Beach.
Florida 33425(Grantor), and NAUTICA HOMEOWNER'S ASSOCIATION. IN~.a Florida corporation,
whose address is do Prime Management GrouP. 6300 Park of Commerce Boulevard, Boca Raton.
Florida 33487, (Grantee).
WITNESSETH, that said Grantor, for and in consideration of the sum of Ten and no/100
($10.00) Dollars, and other good and valuable considerations to said Grantor in hand paid by said
Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto
the said Grantee forever, all the right, title, interest, claim and demand which the said Grantor has in
and to the following described lot, piece or parcel of land, situate, lying and being in Palm Beach
County, Florida, to wit:
That portion of former Tract "B" - Nautica Boulevard, abandoned by
Resolution of the City Council of the City of Boynton Beach, Florida
adjacent to and abutting Tract "D" Nautica P.U.D., as recorded in Plat
Book 74, Page 174 of the Public Records of Palm Beach County,
Florida
To have and to hold together with all and singular the appurtenances thereunto belonging or
in anywise appertaining, and all of the estate, right, title, interest, lien, equity and claim whatsoever of
said Grantor, either in law or in equity, to only the proper use, benefit and behoof of the said Grantee,
fo reve r.
"Grantors" and "Grantee" are used for singular or plural, as context requires.
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year
first above written.
Signed, sealed and delivered
in our presence:
CITY OF BOYNTON BEACH, FLORIDA
DRAEr
Mayor
Signature
Print Name
Print Name
Approved as to form:
DRAFT
City Attorney
Signature
M :IAssociationINauticaIR-O- W,AbandonmentlQuit-ClaimslTD City of Boynton Beach.QC. wpd
'AAIO
.~,,'" .
J
STATE OF FLORIDA )
) SS
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day before me, an officer duly q~WAfll+
acknowledgments, personally appeared UK_~I
to me known to be the person(s) described in and who executed the foregoing instrument and
acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this day of
,2002.
DRAFT
NOTARY PUBLIC
M :\Association\Nautica\R-O- W .Abandonment\Quit-Claims\TD.City of Boynton Beach.QC. wpd
SACHS, SAX & KLEIN, P.A.
ATTORNEYS AT LAW
NORTHERN TRUST PLAZA, SUITE 4150
301 YAMATO ROAD
BOCA RATON, FLORIDA 33431
MAILING ADDRESS
POST OFFICE BOX 810037
BOCA RATON, FLORIDA 33481-0037
TELEPHONE (561) 237-6800
DIRECT liNE (561) 237-6807
FACSIMILE (561) 994-4985
MICHAEL A. RODRiGUEZ, ESQ.
e-mail: mr@sachs-sax-klein.com
July 8, 2002
David Kelly
City of Boynton Beach
Engineering Department
Post Office Box 310
Boynton Beach, Florida 33425-0310
-9
Re: Nautica Boulevard Right-of-Way Abandonment
Utility Easement to City of Boynton Beach
Our File No. 2589.001
Dear Mr. Kelly:
Enclosed please find the Utility Easement to the City of Boynton Beach as requested
by the City.
If you have any additional questions, please do not hesitate to contact me.
Very truly yours,
SACH~, SAX91 KLEIN, P.A.
,/'
~ -1 ^'
- .......-< ~ )~ /
Mi.chael A. Rodriguez
/
MARIes
Enclosures
M:\Association\Nautica\R-o...W.Abandonment\ltr.City .utility easement.wpd
,
This instrument prepared by:
Michael A. Rodriguez, Esq.
Sachs, Sax & Klein, P.A.
Suite 4150, 301 Yamato Road
Boca Raton, FL 33431
UTILITY EASEMENT
THIS EASEMENT is made, granted, and entered into this 8TH day oi J'VL'7"
_, 200~, by Nautica Homeowner's Association ("Grantor"), whose address is c/o Prime
Management, Inc., 6300 Park of Commerce Boulevard, Boca Raton, Florida 33487, and City
of Boynton Beach, Florida ("Grantee"), whose address is Post Office Box 310, Boynton
Beach, Florida, 33425-0310.
WITNESSETH
That Grantor, ior an in consideration oi the sum oi Ten Dollars ($10.00) in hand paid
by the Grantee and other good and valuable consideration, the receipt oi which is hereby
acknowledged, does hereby grant to the Grantee, its successors and assigns, a perpetual uti I ity
easement which shall permit Grantee authority to enter upon the property oi the Grantor at
any time to install, operate, maintain, service, construct, reconstruct, remove, relocate, repair,
replace, improve, expand, tie into, and inspect potable water, reclaimed water and/or
wastewater lines and appurtenant iacilities and equipment in, on, over, under and across the
easement premises. The easement hereby granted covers a stip oi land lying, situate and
being in Palm Beach County, Florida and being more particularly described as iollows:
THAT PORTION OF TRACT "B" - NAUTlCA ROULEVARD AS RECORDED IN
PLAT BOOK 74, PAGES 170 THROUGH 175 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, ABANDONED BY RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA,
Grantor hereby covenants with Grantee that it is lawiully seized and in possession oi
the real property herein described and that it has good and lawiul right to grant the aioresaid
easement iee and clear oi mortgages and other encumbrances unless speciiically stated to that
contrary .
l p:
o
'"'
.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal as
of the date fi rst above written.
e J"0p., <WOj<J-r;" ~j
. ,,, ={
prirfJ~;;f4,'/t::SA~r
By:
NAUTICA HOMEOWNERS
ASSOCIATION,INC.
~7~
14int Name: John Lynch
Its President
[CORPORATE SEAL]
STATE OF FLORIDA
COUNTY OF PALM BEACH
,,.\->-
The foregoing instrument was acknowledged before me this ~ day of
'~:~ ,2002, by John Lynch, who is personally known to the undersigned or who
puce ~ L., '0 \-,"&-0 "\J~ $'( vL'a-Sidentification,andheacknowledgedtoand
before me that he executed the same as the President of Nautica Homeowner's Association,
Inc., a Florida corporation, on behalf of the corporation.
~ C~~~ .
NOTAR~L1C ~
.,,~~~ DONNA GINIECZKI
t.f A \;, MY COMMISSION # CC Bj7R5;;
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DEPARTMENT OF DEVELOPMENT
Planning and Zoning Division
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
July 10, 2002
Mr. Michael A. Rodriguez, Esq.
Sachs, Sax & Klein
301 Yamato Road, Suite 4150
Boca Raton, FL 33431
RE: Nautica PUD ABAN 02-002
Dear Mr. Rodriguez:
The above referenced project was originally scheduled to be reviewed by the Planning &
Development Board on July 23, 2002 and by the City Commission on August 6, 2002. It has
come to my attention that there are still outstanding Engineering issues that need to be addressed
prior to the Board meeting. As a result, your project is tentatively rescheduled for the August 27,
2002 Planning & Development Board meeting.
In addition, the United States Postal Service rates have increased subsequent to the original
(May) request for abandonment. Please provide staff with 39, three (3) cent stamps or ($1.17) no
later than August 9, 2002, which will allow mailing of the notices 15 days prior to the
rescheduled Planning & Development Board meeting.
All outstanding engineering issues must be resolved prior to that meeting. Please contact Eric
Lee Johnson at (561) 742-6260 as soon as possible for scheduling a meeting with staff.
Sincerely,
C;i1ub6v
Lusia Galav, AICP
Principal Planner
Cc: Eric Lee Johnson, Planner
H. David Kelley, City Engineer
S:\PlanIling\SHARED\WP\PROJECTS\NAUTICA\ABAN 02.002\Postpone Ielter.dot
City of Boynton Beach. 100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach, FL 33425-0310
Phone: (561) 742-6260 . Fax (561) 742-6259 . www.ci.boynton-beach.fl.us
DEPARTMENT OF DEVELOPMENT
Planning and Zoning Division
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
July 10,2002
Mr. Michael A. Rodriguez, Esq.
Sachs, Sax & Klein
301 Yamato Road, Suite 4150
Boca Raton, FL 33431
RE: Nautica PUD ABAN 02-002
Dear Mr. Rodriguez:
The above referenced project was originally scheduled to be reviewed by the Planning &
Development Board on July 23, 2002 and by the City Commission on August 6, 2002. It has
come to my attention that there are still outstanding Engineering issues that need to be addressed
prior to the Board meeting. As a result, your project is tentatively rescheduled for the August 27,
2002 Planning & Development Board meeting.
In addition, the United States Postal Service rates have increased subsequent to the original
(May) request for abandonment. Please provide staff with 39, three (3) cent stamps or ($1.17) no
later than August 9, 2002, which will allow mailing of the notices 15 days prior to the
rescheduled Planning & Development Board meeting.
All outstanding engineering issues must be resolved prior to that meeting. Please contact Eric
Lee Johnson at (561) 742-6260 as soon as possible for scheduling a meeting with staff.
Sincerely,
~?4~~
Lusia Galav, AICP
Principal Planner
Cc: Eric Lee Johnson, Planner
H. David Kelley, City Engineer
S:\PlanuingISHARED\WP\PROJEITSI..'1AUTlCA\ABAN 02 002\Postpon~ Ielter.dot
City of Boynton Beach. 100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach, FL 33425-0310
Phone: (561) 742-6260 . Fax (561) 742-6259 . www.ci.boynton-beach.f1.us