CORRESPONDENCE
/J'
CITY CLERK'S OFFICE
MEMORANDUM
TO: Kathleen Zeitler
FROM: Judy Pyle
Deputy City Clerk
DATE: February 9,2006
COPY: Central File
RE: Recorded Easement
Attached for your information and file is a copy of the following easement that was
recorded in Palm Beach County:
ABAN 05-007 (Dan Spotts/Miami Aquaculture, 805 N Federal approved on 1/3/06).
1. Miami Aqua-Culture, Inc.
805 N. Federal Highway
PCN: 08-43-45-21-32-001-0170
If you have any questions, please do not hesitate to contact me.
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The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
November 8, 2005
Daniel Spotts
4606 SW 74th Avenue
Miami, Florida 33155
FAX: 305-262-6701
PHONE: 305-772-7504
E-Mail: dan@miami-aquaculture.com
RE: Research on Property Abandonment
805 N Federal Hwy (ABAN 05-007)
Dear Mr. Spotts:
This letter has been prepared to convey our research findings and clarify procedures for the transfer of
abandoned property, which concur with your findings. Typically, abandoned property is divided in half,
with fifty percent (50%) of the property transferred to the owner of each adjacent real property.
However, the adjacent property in your abandonment request is the FEC Railway right-of-way. Per the
Palm Beach County Property Appraiser's Mapping & GIS Department, a right-of-way is not considered
to be real property to which a portion of abandoned property can be transferred. In addition, property
to be abandoned, when located in a platted subdivision, must remain within the boundaries of the plat.
The subject alley is part of the plat, however the FEC Railway right-of-way pre-dates the plat, and is
included on the plat only as an existing right-of-way adjacent to the boundaries of the plat. Our
research also confirms that portions of the subject alley previously abandoned were transferred solely
to the owners of adjacent real property. Therefore, if your request for abandonment of the portion of
the alley adjacent to your property is approved by the City Commission, the entire width of 20 feet will
be transferred to you, in accordance with standard procedures conducted by the County's Property
Appraiser's office. Staff will provide a copy of this letter to each eRA Board member prior to tonight's
hearing.
Sincerely,
~~
Michael W. Rumpf
Planning and Zoning Director
CC: CRA Board Members
Ed Breese, Principal Planner
Kathleen Zeitler, Planner
David Kelley, City Engineer
laurinda logan, Sr. Engineer
S:\PIannlng\SHARED\WP\PROJECTS\80S N Federal HWY\ABAN OS'OO7\Spotts Letter.doc
Zeitler. Kathleen
From:
Sent:
To:
Cc:
Subject:
Coale, Sherie
Tuesday, November 01 , 2005 11 :53 AM
'dan spotts'
Zeitler, Kathleen; Breese, Ed; Rumpf, Michael
RE: Legal Notice 805 Federal Highway
Good Morning Dan,
Hope you fared okay with the storm. Sorry it took so long to get back to you, we just came back today.
Anyway, there will be no need to re-advertise, and you don't need to be at commission tonight. The
item will be postponed to a date certain at tonight's meeting which means that you will go back to
CRA Nov. 8 then to the December 6 commission meeting. Please confirm that you received this
message. Thank you, Sherie
-----Original Message-----
From: dan spotts [mailto:miaqua@earthlink.net]
Sent: Saturday, October 22, 2005 3:46 PM
To: 'Coale, Sherie'; dan@miami-aquaculture.com
Cc: 'Breese, Ed'; 'Zeitler, Kathleen'
Subject: RE: Legal Notice 805 Federal Highway
Sherie:
As you probably know, our meeting with the CRA board was suspended until the next board meeting
at the request of the Board. This would also, I assume, automatically reschedule the meeting with the
Board of Commissioners until December. The CRA Board told me that since it was at their request, I
would probably not have to send out new legal notices of meetings; that announcements would be
made at the commission meeting to all interested parties that my hearing would be postponed to
November (for the CRA) and December (for the Commission). Is this also your understanding, or do
you have a different interpretation of what I need to do legally? Do I need to attend the November
Commission meeting for any reason regarding this request for abandonment?
Thank you
Daniel Spotts
-----Original Message-----
From: Coale, Sherie [mailto:CoaleS@ci.boynton-beach.t1.us]
Sent: Monday, September 26, 2005 10:23 AM
To: 'dan@miami-aquaculture.com'
Cc: Breese, Ed; Zeitler, Kathleen
Subject: Legal Notice
Dan,
Here is the notice to be mailed to everyone within a 400' radius of the property. Postmarked no later
than October 1, 2005. Remember the sign must be posted no later than the same date. Take a photo of
the sign, complete the affidavit, and bring those two items along with the radius map and property
owners' list or copy of labels to our office the following week. If you have questions regarding this
process, please call me at 561-742-6265 so that I may assist you.
1
Sherie Coale
Application Technician
< <LEGALNOT.doc> >
No virus found in this incoming message.
Checked by AVG Anti-Virus.
Version: 7.0.344/ Virus Database: 267.11.4/109 - Release Date: 9/21/2005
No virus found in this outgoing message.
Checked by AVG Anti-Virus.
Version: 7.0.344/ Virus Database: 267.12-4/143 - Release Date: 10/19/2005
2
Tucker, Patricia
From:
Sent:
To:
Subject:
Copley, Judith
Wednesday, October 12, 20052:59 PM
Tucker, Patricia; Coale, Sherie
FW: CRA PZ Agenda items 10-11-05805 N Federal Hwy ABAN 05-007
For what it's worth
-----Original Message-----
From: dan spotts [mailto:miaqua@earthlink.net]
Sent: Friday, October 07, 2005 5:47 PM
To: 'Copley, Judith'
Subject: RE: CRA PZ Agenda items 10-11-05 805 N Federal Hwy ABAN 05-007
Judith:
Please note, if it makes a difference, that the property owner is Miami Aqua-culture,
Inc., not Dan Spotts personally. I am president of the company. Sincerely,
Dan Spotts
-----Original Message-----
From: Copley, Judith [mailto:CopleyJ@ci.boynton-beach.fl.us]
Sent: Friday, October 07, 2005 5:13 PM
To: 'dan@miami-aquaculture.com'
Subject: CRA PZ Agenda items 10-11-05 805 N Federal Hwy ABAN 05-007
No virus found in this incoming message.
Checked by AVG Anti-Virus.
version: 7.0.344 / Virus Database: 267.11.11/121 - Release Date: 10/6/2005
No virus found in this outgoing message.
Checked by AVG Anti-Virus.
version: 7.0.344 / Virus Database: 267.11.11/121 - Release Date: 10/6/2005
1
Zeitler. Kathleen
From:
Sent:
To:
Cc:
Subject:
dan spotts [miaqua@earthlink.net]
Friday, September 09, 2005 5:37 PM
'Breese, Ed'; dan@miami-aquaculture.com
'Coale, Sherie'; 'Zeitler, Kathleen'; 'Logan, Laurinda'
RE: Abandonment request
Dear Ed Breese:
We have reviewed the sample copies of the revocable lease and the easement for an abandonment.
Miami aqua-culture, Inc. wishes to pursue the abandonment request. I think that is in the best
interest of both parties, and the easement adequately safeguards Mr. Kelly's concerns.
Thank you.
Dan Spotts
Miami Aqua-culture, Inc.
-----Original Message-----
From: Breese, Ed [mailto:BreeseE@cLboynton-beach.t1.us]
Sent: Thursday, September 01, 2005 2:07 PM
To: 'dan@miami-aquaculture.com'
Cc: Coale, Sherie; Zeitler, Kathleen; Logan, Laurinda
Subject: Abandonment request
Dan,
Attached you will find a typical blank easement agreement provided by Laurinda Logan, Senior
Engineer. Please look it over and see if you have any questions. I will try to get you answers to any
questions you may have.
AsI
mentioned in our meeting on Monday, to date we have not expended any dollars associated with your
request and only minimal staff time, therefore should you choose to withdraw your abandonment
application, we can refund your money. Should you decide to proceed with the abandonment, just let
me know and we will place you on the October 11, 2005 CRA meeting to be followed by the November
1,2005 Commission meeting for 1st reading of the ordinance and November 15, 2005 for second and
final reading. We will prepare the necessary legal advertisement and provide you a copy for the
mailout notification that you are responsible for. If, after you review the attached information, you
wish to pursue the Revocable License Agreement, again just let me know and we will get things rolling
in that direction. As you can see, we still have a little bit of time before we need to do a legal ad, so
take you time and ask any questions you may have. Thanks, Ed
Internal Virus Database is out-of-date.
Checked by AVG Anti-Virus.
Version: 7.0.338/ Virus Database: 267.10.14/79 - Release Date:
8/22/2005
No virus found in this outgoing message.
1
Breese, Ed
From:
Sent:
To:
Cc:
Subject:
Breese, Ed
Thursday, September 01, 2005 2:07 PM
'dan@miami-aquaculture.com'
Coale, Sherie; Zeitler, Kathleen; Logan, Laurinda
Abandonment request
Dan,
Attached you will find a typical blank easement agreement provided by Laurinda Logan, Senior Engineer. Please look
it over and see if you have any questions. I will try to get you answers to any questions you may have. As I mentioned in
our meeting on Monday, to date we have not expended any dollars associated with your request and only minimal staff
time, therefore should you choose to withdraw your abandonment application, we can refund your money. Should you
decide to proceed with the abandonment, just let me know and we will place you on the October 11, 2005 CRA meeting to
be followed by the November 1, 2005 Commission meeting for 1 st reading of the ordinance and November 15, 2005 for
second and final reading. We will prepare the necessary legal advertisement and provide you a copy for the mailout
notification that you are responsible for. If, after you review the attached information, you wish to pursue the Revocable
License Agreement, again just let me know and we will get things rolling in that direction. As you can see, we still have a
little bit of time before we need to do a legal ad, so take you time and ask any questions you may have. Thanks, Ed
1
Breese, Ed
From:
Sent:
To:
Subject:
Breese, Ed
Thursday, September 01,20052:12 PM
'dan@miami-aquaculture.com'
Abandonment
Dan,
Sorry, I see the attachment did not attach. Let's try that again. Ed
~$~
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easement.doc
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