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APPLICATION WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 k~H , , Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: jmankoff@zonelaw.com MICHAEL S. WEINER CAROLEJ.ARONSON JASON S. MANKOFF KERRY D. SAFIER PAMI R. MAUGHAM OF COUNSEL: ROBERT MARC SCHWARTZ, P.A. Florida Bar Board Certified Real Estate Lawyer April 11, 2006 Via Hand Delivery Mr. Michael W. Rumpf Director of Planning & Zoning City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Re: Abandonment Application Our File No.: BOYB014 Dear Michael: Enclosed is the completed Abandonment Application ("Application") for the Boynton Beach Post Office which includes the following: 1. Check in the amount of Five Hundred and 00/100 ($500.00) Dollars made payable to the City of Boynton Beach; 2. Two (2) completed Applications which include two (2) copies of the following: ~ Legal description of area to be abandoned attached as Exhibit "A"; ~ Survey; ~ Certificate of Title; and ~ Justification for the abandonment. Verification from each affected or potentially affected utility company is not required since the existing easement in currently under an existing building. Therefore, the utility companies would have no interest in the abandonment. In addition, addressed and pre-paid postage envelopes of the owners abutting the property are also included. Since the applicant is now responsible for the notice requirements, the mailing labels and maps are not enclosed. We will fulfill the notice responsibility as required prior to any public hearings. Please advise me of all respective dates and of the respective date of TART, if applicable. 0:\BOYB014\Letter to Rumpf re Abandonment.ApriI10. 2006.doc Mr. Michael W. Rumpf April 11, 2006 Page 2 Thank you very much for your assistance in this matter. Jason S. Mankoff JSM:alv:vf Enclosures cc: Michael S. Weiner, Esquire (w/o enclosures) Carole J. Aronson, Esquire (wi enclosures) 0:\BOYB014\Letter to Rumpf re Abandonment.April10. 2006.doc City Codes Accessed Via Website www.boynton-beach.orq www.amleqal.com/boynton beach fl Has applicant attended a pre-application meeting? No Date: CITY OF BOYNTON BEACH APPLICATION TO ABANDON/VACATE PLANNING & ZONING DIVISION NOTE: This form must be filled out completely and accurately and must accompany all applications submitted to Planning and Zoning (Two (2) copies of application are required.) PROJECT NAME: Boynton Beach Post Office AGENT'S NAME: Weiner & Aronson, P.A. AGENT'S ADDRESS: 102 North Swinton Avenue Delray Beach, Florida 33444 AGENT'S PHONE: (561) 265 - 2666 AGENT'S FAX: (561) 272 - 6831 OWNER'S NAME: (or Trustee's) OWNER'S ADDRESS: Valley Land Corporation c/o Curtis Shenkman, Esquire 11891 US Highway One, Suite 100 North Palm Beach, Florida 33408 OWNER'S PHONE: (561) 622-2700 OWNER'S FAX: (561) 622-2841 PROJECT LOCATION: OR PCN NUMBER 08-43-45-28-10-004-0090 (not legal description) CORRESPONDENCE ADDRESS:' (if different than agent or owner) Same as Agent. . This is the address to which all agendas, letters and other materials will be forwarded. The undersigned, pursuant to Ordinance NO. 76-27 of the City of Boynton Beach, Florida, hereby applies to the City Commission to vacate/abandon, and discontinue the,(check one): ALLEY STREET SPECIAL PURPOSE EASEMENT X OTHER NON-FEE INTEREST OF THE CITY as described in attached Exhibit "A", and to renounce and disclaim any right ofthe City and the public in and to any land in connection therewith. Said application is to be filed with Planning and Zoning in duplicate and applications involving more than one of the above listed non fee interests shall be filed separately. Each application so filed shall be complete in every respect. Representative of the project must be present at all Technical Review Committee, Planning and Development Board or Community Redevelopment Agency and City Commission meetings held to review this project. The undersigned hereby certify: 1. That a complete and accurate legal description with the specific property interest sought to be vacated or abandoned, including where possible a plat map or drawing showing the general area and location involved, is set forth in Exhibit "A" attached hereto. 2. That the title or interest of the City and the public in and to the specific property interest described above was acquired and is evidenced by, (check one): ) ) ( ) Recorded in OFF Ie... IA L f2€c..oIl-OS Beach County, Florida. x DEED DEDICATION PRESCRIPTION Book03SS', Page Oefolf, and Public Records of Palm 3. That no similar application has been considered by the City at any time within six (6) months of the date hereof, and should this application be granted, such abandonment and vacation will prevent no other property owners from access to and from their property and not other property owners in the vicinity will be adversely affected. 4. That the above described property interest is under the control and jurisdiction of the City Commission of the City of Boynton Beach, Florida; is not a part of any state or federal highway system; and was not acquired or dedicated for state or federal highway purposes. 5. That the following constitutes a complete and accurate schedule of all owners and occupants bounding and abutting the property interest described above. 6. The list of names and addresses of the owners and occupants of abutting real property, addressed envelopes and 1st class postage (stamps or pay for required postage). NAME ADDRESS Boynton Boundless Erica M. Maitman Nancy M. May and Paul B. May J. M. Tuite Fernande C. Salomon James and Lucy M. Graham 102 N Swinton Avenue, Delray Beach, FL 33444 109 NW 1st Avenue, Boynton Beach, FL 33435 115 NW 1st Avenue, Boynton Beach, FL 33435 PO Box 92, Boynton Beach, FL 33424 129 NW 1 st Avenue, Boynton Beach, FL 33435 126 W Boynton Beach Blvd, Boynton Beach, FL 33435 7. Verification from each affected or potentially affected utility company that they have no interest in the vacation/abandonment, or, if they have present or future interest, proposed easement documents protecting their interests. (See attached Utility Company list) (ALL UTILITY COMPANY RESPONSES MUST BE INCLUDED WITH APPLICATION SUBMITTAL) 8. Obtain a survey of the street (or easement). 9. Obtain a title opinion (ownership and encumbrance report) from a title company. 10. That the following grounds and reasons are submitted in support of this application: See Attached Justification. DATED: ADDRESS 102 North Swinton Avenue, Delray Beach, FL 33444 STATE OF FLORIDA COUNTY OF PALM BEACH The above named applicant(s) being first duly sworn by me the day and year above indicated, deposed and stated that _ he _ are/is the applicant(s) in the foregoing Application to AbandonNacate; that they have read the same and that t facts therein set forth are true and correct to the best of their knowledge. ~ My Commission Expires: Updated 10/15/01 oJ3o~ . Vanessa E Foutz ! ~'- My Commission 00150009 ~:.~-'I Expires October 14. 2006 -~Of f\.: JUSTIFICATION FOR ABANDONMENT The reason the abandonment is now needed is that this was an issue overlooked many years ago in connection with the building of the post office. Since it is part of any good building code not to build over easements, the obvious conclusion is the easement was intended to be abandoned at the time of construction, but has not been due to an oversight. Given the fact that in all these years there have been no complaints or usage concerning the easement, it is clearly of no use and the official abandonment should take place. EXHIBIT "A" <t~. w. 2ND AVENUE @ SCALE: 1"=30' 17 (.M o q, ll=88i8'06" R=20.00' L=30.B2' N90'00'00"W 272.31' - - m- - - IrA (/) rrl 3.0' 19 :z )> g (') - BLOCK 4 ~ ~ ~ ;0 rrl 15 16 TO TOWN OF BOYNTON BEACH (/) -l PLAT BOOK 10, PAGE 64 OJ 20 Ig I REA=393 SQ.FT. rrl - < a. ~ )> 21 ;0 CJ N90'00'OO"E 2.52' S90'00'00"E 200.00 22 co o 0_ S90'00 00 E 95.61 23 LE AL DESCRIPTION: THE WESTERLY 3 FEET OF THE SOUTHERLY 13 FEET OF LOT 17 TOGETHER WITH THE WESTERLY 3 FEET OF LOTS 18, 19, 20, AND 21, AND THE NORTHERLY 18.00 FEET OF LOT 22 BLOCK 4, BOYNTON HEIGHTS ADDITION TO TOWN OF BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF. RECORDED IN PLAT BOOK 10, PAGE 64, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 393 SQUARE FEET SKETCH OF DESCRIPTION ('OR SCALE: 1" =30' DRAWN BY: STAFF CHECKED BY: CAR. DATE: 03/17/2006 THIS IS NOT A SURVEY J BOYNTON BEACH POST OFFICE FIELD BOOK NO SHEET: 1~ Engineers. Surveyors. Mappers 1201 BElVEDERE ROAO. \\EST PALM BEACH. FLORIDA 33405 PH (561)655-1151 . FAX (561)832-9390. WWW.SFRNINC.COM 6007.02 Y: \Land Projects R2\6007.01\dwg\600702.dwg 3/14/2006 5: 51: 07 PM EST WEINER & ARONSON, P .A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: jmankoff@zonelaw.com MICHAEL S. WEINER CAROLE J. ARONSON JASON S. MANKOFF KERRY D. SAFIER PAMI R. MAUGHAM OF COUNSEL: ROBERT MARC SCHWARTZ, P.A. Florida Bar Board Certified Real Estate Lawyer May 10, 2006 Via Hand Delivery Mr. Ed Breese Principal Planner of Planning & Zoning City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Re: Notification of Utility Providers Our File No.: BOYB014 Dear Ed: I am pleased to provide you with the signed Utility Notifications from: 1. Florida Public Utilities; 2. Florida Power & Light; 3. BellSouth; 4. Adelphia Cable; and 5. City of Boynton Beach Water & Sewer Department. Each of these Notifications is signed by the appropriate representative and states that the proposed abandonment will not affect existing utility service. I understand that you should have also received copies of these Notifications directly from the providers. Therefore, I am confirming with you that the abandonment will proceed as scheduled and go before the Community Redevelopment Agency on June 13, 2006 and City Commission on July 5, 2006 and July 18, 2006. I am also confirming with you that the third City Commission hearing of August 1, 2006 will not be required. Thank you very much for your assistance in this matter. Please let me know if you should need any additional information. urs son S. Mankoff JSM:vf Enclosures Cc: Michael S. Weiner, Esquire (w/enclosures) Carole Aronson, Esquire (w/enclosures) Ms. Ashlee Vargo (w/enclosures) 0:\BOYB014\Letler to Ed Breese.May 9,2006.doc A FLORIDA PUBLIC UTILITIES FPUC Ref.: #002 May 8, 2006 Jason S Mankoff Weiner & Aronson, PA 102 N Swinton Ave Delray, FL 33444 RE: Boynton Beach Post Office, abandonment of a 3' easement underneath the building Weiner & Aronson# BOYB014 Dear Jason S Mankoff: Please be advised that Florida Public Utilities Company has no objection to the abandonment of the existing Right of Way or easement as described in your letter. At the present time, we have no underground gas distribution facilities located within the limits of the proposed abandonment. If you have any additional questions or concerns please feel free to call me at 561-838-1771. Sincerely, ?/I/(~ Patty McLeod Engineering Technician ......... ~~ PO BOX 3395 .&. West Palm Beach, Florida 33402-3395 A Phone: 561.832.0872 ... Web: VvWW.fpuc.com NOTIFICATION OF UTIUTY PROViDERS Dear Sir/Madam: The City of Boynton Beach has received an application to abandon/vacate as described below: Owner/Applicant: Va/lev Land Corporation/Bovnton Boundless. LLC Project Name: Bovnton Beach Post Office Project Address/Location: Southwest corner of Bovnton Beach Boulevard and North Seacrest Boulevard Proposed Improvements: Abandon a three (3) foot easement underneath the Bovnton Beach Post Office A copy of the proposed site plan is attached. Please review the attached plan and provide the requested information. Please return the signed sheet to the following using the enclosed self-addressed stamped envelopes. City of Boynton Beach Planning and Zoning Department Attn: Mr. Ed Breese 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Weiner & Aronson, PA Attn: Jason S. Mankoff, Esquire 102 North Swinton Avenue Delray Beach, Florida 33445 Will the proposed abandonment affect existing utility service? Yes X No ~ Comments: Utility Provider: r=PL Representative's Name and Title: hl-itJ 1l. V/J-.J VC.6&i /~tr;.Jl/Ja .t;'1$i?::-J"f-'\ PtZ4Jcrcr-h'1;ho1~P;"f...... I v Signature ~~U - c./.J...:;;- Date 5" -.3 - 0 fi:J NOTIFiCATiON OF UTIUTY PROViDERS Dear Sir/Madam: The City of Boynton Beach has received an application to abandon/vacate as described below: Owner/Applicant: Valley Land Corporation/Boynton Boundless, LLC Project Name: Boynton Beach Post Office Project Address/Location: Southwest corner of Boynton Beach Boulevard and North Seacrest Boulevard Proposed Improvements: Abandon a three (3) foot easement underneath the Boynton Beach Post Office A copy of the proposed site plan is attached. Please review the attached plan and provide the requested information. Please return the signed sheet to the following using the enclosed self-addressed stamped envelopes. City of Boynton Beach Planning and Zoning Department Attn: Mr. Ed Breese 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Weiner & Aronson, P.A. Attn: Jason S. Mankoff, Esquire 102 North Swinton Avenue Delray Beach, Florida 33445 Will the proposed abandonment affect existing utility service? Yes ~o Comments: ~N-{ "K.EL~C A~~ -0 N r O~ A.. '\) }' -\., ~ T i\A.c:.C'-\'""t' ~ ....\c=Cc: ~S \..'IA....T~~ .~"'( '\'t-\\S AC"T'i Or-1 W \L.L ~,z AT- T'\-\~ "Prz..b P12n.T"'l orQrJl:?~j €~ F'l6rt.r12 Utility Provider: 'Ec L L S (? (,;1 'T' H 'T' G l.,,~C (,1",,- ~'\J N \ e A:.\'"' e.~.f . '7,..;; <t , i.v' ~ I . \3 ,l11.l... - D \ i", ~ C'.:T b R - E' r-\ 1l to .ft~!'-l pl11 S/lllee'/.-; , Representative's N"i"f and Title~ "i3 A.'i>-~'" Signature Ww1l' .I~ Date ~\iOT~IF~CAT~ON OF UT~UTY P'ROV~D;EIRS MAY - 8 2006 Dear Sir/Madam: The City of Boynton Beach has received an application to abandon/vacate as described below: Owner/Applicant: Vallev Land Corporation/Boynton Boundless, LLC Project Name: Bovnton Beach Post Office Project Address/Location: Southwest corner of Bovnton Beach Boulevard and North Seacrest Bou/evard Proposed Improvements: Abandon a three (3) foot easement underneath the Bovnton Beach Post Office A copy of the proposed site plan is attached. Please review the attached plan and provide the requested information. Please return the signed sheet to the following using the enclosed self-addressed stamped envelopes. City of Boynton Beach Planning and Zoning Department Attn: Mr. Ed Breese 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Weiner & Aronson, P.A. Attn: Jason S. Mankoff, Esquire 102 North Swinton Avenue Delray Beach, Florida 33445 Will the proposed abandonment affect existing utility service? Yes V No Comments: Utility Provider: A~ I ph ,II (1~ b {'E> \/"e.l\J ~ ~ ~AJ~C~ [J,..I d Date 0--2 -0 b Signature. ~\~OT~F~CAT~OIT~ OF UTITUTY PIROVHJl[EIRS Dear Sir/Madam: The City of Boynton Beach has received an application to abandon/vacate as described below: Owner/Applicant: Valley Land COrtJoration/Boynton Boundless. LLC Project Name: Boynton Beach Post Office Project Address/Location: Southwest corner of Boynton Beach Boulevard and North Seacrest Boulevard Proposed Improvements: Abandon a three (3) foot easement underneath the Boynton Beach Post Office A copy of the proposed site plan is attached. Please review the attached plan and provide the requested information. Please return the signed sheet to the following using the enclosed self-addressed stamped envelopes. City of Boynton Beach Planning and Zoning Department Attn: Mr. Ed Breese 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Weiner & Aronson, P.A. Attn: Jason S. Mankoff, Esquire 102 North Swinton Avenue Delray Beach, Florida 33445 Will the proposed abandonment affect existing utility service? Yes X No Comments: Utility Provider: ~, e,f'/ , ,. (i I"(-Ie /J r t.. t~ ";<"lh V.;..n... .et:l-":" ""- ttl~ r.!r-</ ") i:~ 7. P"j-<' . Representative's Name and Title: /2t<2Y j1.-(O'2-H /(,..... /J Signature /K)/: /'{L~i:/(:Ct{ /l ,!/t""..... "A- f 7 .' /:/'i...;:tft-k Date r/p/O(> A FLORIDA PUBLIC UTILITIES FPUC Ref.: #002 May 8, 2006 City of Boynton Beach Planning & Zoning Department Attn: Ed Breese 100 East Boynton Beach Blvd Delray, FL 33425 RE: Boynton Beach Post Office, abandonment of a 3' easement underneath the building Weiner & Aronson# BOYB014 Dear Ed Breese: Please be advised that Florida Public Utilities Company has no objection to the abandonment of the existing Right of Way or easement as described in your letter. At the present time, we have no underground gas distribution facilities located within the limits of the proposed abandonment. If you have any additional questions or concerns please feel free to call me at 561-838-1771. Sincerely, 7 fl1 ctiJ Patty McLeod Engineering Technician G;! It I~~ it ~ '-'} ~ r:~\: [li\ r----~-c---c:.-ll!.! i In i ~ U n\1 9 -;"'10 r I U ! ,iU: !V, -; i..v~iO i l_.J I _I f'F"I\8TMr~JT (\r [,F\iFI ()r'Mf~n PO BOX 3395 ... West Palm Beach, Florida 33402- 3395 ... Phone: 561.832.0872 ... Web: www.fpuc.com NOTIFICATION OF UTILITY PROVIDERS Dear Sir/Madam: The City of Boynton Beach has received an application to abandon/vacate as described below: Owner/Applicant: Valley Land Corporation/Boynton Boundless, LLC Project Name: Boynton Beach Post Office Project Address/Location: Southwest corner of Boynton Beach Boulevard and North Seacrest Boulevard Proposed Improvements: Abandon a three (3) foot easement underneath the Boynton Beach Post Office A copy of the proposed site plan is attached. Please review the attached plan and provide the requested information. Please return the signed sheet to the following using the enclosed self-addressed stamped envelopes. City of Boynton Beach Planning and Zoning Department Attn: Mr. Ed Breese 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Weiner & Aronson, PA Attn: Jason S. Mankoff, Esquire 102 North Swinton Avenue Delray Beach, Florida 33445 Will the proposed abandonment affect existing utility service? Yes No Comments: Utility Provider: Representative's Name and Title: Signature Date --.~--~.- ---------~------ - -------- --- ----- f~-l\- --'J \~"~"'LJ.J =-,'.":,' -- ,~ \~ ~-- ---::::;;-, :- senE 1"=30' T I I I Li=SS'1S'06" R=20.00 L=3082 Ii I, I'; I; \; U m-- REA=393 son. 0> -P-. IrA U) Pi )> () AJ fT1 U> -I CD \2 I fT1 < )> ::::0 CJ ~ 1 j .-0-- 3.0' 19 BLOCK 4 TO TOWN OF BOYNTON BEACH PLA T BOOK 10, PAGE 64 :z S ~ ~ ~ ~ 15 16 20 21 22 ?" o o. N90'00'00"E 2.52' 590'0000 E 95.61 590'00'OO"E 200.00 23 LE AL DESCRIPTION: " THE WESTERLY 3 FEET OF THE SOUTHERLY 13 FEET OF LOT 17 TOGETHER WITH THE WESTERLY 3 FEET OF LOTS 18, 19, 20, AND 21, AND THE NORTHERLY 18.00 FEET OF LOT 22 BLOCK 4, BOYNTON HEIGHTS ADDITION TO TOWN OF BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 10, PAGE 64, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 393 SQUARE FEET SKETCH OF DESCRIPTION ('OR ---'-""'~"'''''---._'''~ .~ THIS IS NOT A SURVEY J BOYNTON BEACH POST OFFICE ,. n ~ ~'" SCALE: 1"=30' DRAWN BY: STAFF CHECKED BY: C.A.R. DATE: 03/17/2006 Engineers.. Surveyors.. Mappers 1201 8lLVU1FRE ROAD. wEST PALIJ BEACH, FLORIDA JJ405 PH (~61)6~5-1151. FAX (~61)8J2-9J90. WWWSFRNINC.COM ,-~ i f'IElD BOOK NO SHEET: I/~ 1~ I /"./" '//:. .. . ,-<,./.-/A:. _ ~~ "j€l~I'JO FI.ORIDA R.l.S. 6007.02 PSM4938 Y: \Lond Projects R2\6007.01\dwg\600702.dwg 3/14/2006 5: 51: 07 PM EST . , The reason the abandonment is novv needed is that this was an issue overlooked niall)! years ago in connection with the building of the post office. Since it is part of any good building code not to build over easements, the obvious conclusion is the easement was intended to be abandoned at the time of construction, but has not been due to an oversight. Given the fact that in all these years there have been no complaints or usage concerning the easement, it is clearly of no use and the official abandonment should take place. FROM :BOYNTON BEACH UTILITIES FAX NO. :561 742 6298 ~. 08 2006 05:09PM P2 NOTIFICATION OF UTILITY PROVIDERS Dear Sir/Madam: The City of Boynton Beach has received an application to abandon/vacate as described below: Owner/Applicant: Vallev Land Corporation/Boynton Bound/ess. LLC Project NAme: Bovnton Beach Post Office Project Address/Location: Southwest comer of Bovnton Beach Boulevard and North Seacrest Boulevard Proposed Improvements: Abandon a three (3J foot easement underneath the Bovnton Beach Post Office A copy of the proposed site plan is attached. Please review the attached plan and provide the requested information. Please retum the signed sheet to the following using the enclosed self-addressed stamped envelopet;. City of Boynton Beach Planning and Zoning Department Attn: Mr. Ed Breese 100 East Boynton Beach Blvd. Boynton Beach. Florida 33425 Weiner & Aronson, P.A. Attn: Jason S. Mankoff, Esquire 102 North Swinton Avenue Delray Beach. Florida 33445 Will the proposed abandonment affect existing utility service? Yes >< No Comments: Utility Provider: ~_Q~_~d!...lj..>,,:-Iv.... tL'?.~':...t...., Ht.'.1.tf.~, ._._..&1'. ____.__. ., , """, ,,,. .,____ Ror>resenfJlt'ilame and TIUe: fly... J<r.,.".I'/,,~..~ #""~n.... Signature ._" ~li ~fV~ Date r,/~4', FROM :BOYNTON BEACH UTILITIES FAX NO. :561 742 6298 The Ci~ 'of BovntonBeach . OFFICE OP THE r.nJLlT11!:S DlRSCl'OR . 1:44 E. Woolbright Road . J3nynton Beach, Ji'/orid~ 33435 FAX: (561) 742-6298 FACSIMILE .y. 08 2006 05:08PM Pi A7nerica's Gateway to the Guifstream FROM :BOYNTON BEACH UTILITIES FAX NO. :561 742 6298 .l;:j. 08 2006 05:09PM P3 )W~nf[~:A]]QN EQR P~Bt!-..NOO~.M.~.i~T The reason tl'le abandonment is now nOEKlecl is that this wa<;; ;m if,sue overlooked many years ago in connection with the building of the post office. SincE:-! it is part of any good building code not to build over easements, the obviolls conclusion is the easement was intended to be abandoned at the time of construction, but has not been due to an oversight. Given the fact that in al/ these years there have been no comp/Clints or usage concerning the easement, it is clearly of no use and the official abandonment should take place. NOTIFICATION OF UTILITY PROVIDERS MAY - 3 2006 Dear Sir/Madam: The City of Boynton Beach has received an application to abandon/vacate as described below: Owner/Applicant: Vallev Land Comoration/Bovnton Boundless, LLC Project Name: Bovnton Beach Post Office Project Address/Location: Southwest corner of Bovnton Beach Boulevard and North Seacrest Boulevard Proposed Improvements: Abandon a three (3) foot easement underneath the Bovnton Beach Post Office A copy of the proposed site plan is attached. Please review the attached plan and provide the requested information. Please return the signed sheet to the following using the enclosed self-addressed stamped envelopes. City of Boynton Beach Planning and Zoning Department Attn: Mr. Ed Breese 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Weiner & Aronson, P.A. Attn: Jason S. Mankoff, Esquire 102 North Swinton Avenue Delray Beach, Florida 33445 Will the proposed abandonment affect existing utility service? Yes V No Comments: Utility Provider: Adelph,A (1~b 1'El ~~ SoAJrc~ P,,, 1 d. Date 0-2 -0 b Signature. l,m~n0[F!.llH Irijl,! /' ; I iJ i ,~,. t:; ',' V Ii I '... , ' I L......-- I I L--- I I i ~ ! ir.~~'~~~~FNT OF DE"VELOPMEN11 ------._-~_._, NOTIFICATION OF UTILITY PROViDERS Dear Sir/Madam: The City of Boynton Beach has received an application to abandon/vacate as described below: Owner/Applicant: Vallev Land Corporation/Boynton Boundless. LLC Project Name: Bovnton Beach Post Office Project Address/Location: Southwest corner of Bovnton Beach Boulevard and North Seacrest Boulevard Proposed Improvements: Abandon a three (3) foot easement underneath the Bovnton Beach Post Office A copy of the proposed site plan is attached. Please review the attached plan and provide the requested information. Please return the signed sheet to the following using the enclosed self-addressed stamped envelopes. City of Boynton Beach Planning and Zoning Department Attn: Mr. Ed Breese 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Weiner & Aronson, P.A. Attn: Jason S. Mankoff. Esquire 102 North Swinton Avenue Delray Beach, Florida 33445 Will the proposed abandonment affect existing utility service? Yes X No ~ Comments: Utility Provider: FrL I . I I)...J ~.;. ~6 ,- Representative's Name and Title: . Signature ~ e U- (./~ Date 5" -.3 - 0 ((J f"-'~--~ '"-""'" ."'~"~ ..~. i/""\-i' n.: ~ " II i:~.-, !':....._~..__:_.._.~ I ~J i F~f;): C - ...... I DEPARTMENT OF DEVELOPMEN1 jt! 1 .' Ii l',;; ....-..... . I , NOTIFICATION OF UTILITY PROVIDERS Dear Sir/Madam: The City of Boynton Beach has received an application to abandon/vacate as described below: Owner/Applicant: Valley Land Corporation/Boynton Bound/ess. LLC Project Name: Boynton Beach Post Office Project Address/Location: Southwest corner of Boynton Beach Boulevard and North Sea crest Boulevard Proposed Improvements: Abandon a three (3) foot easement underneath the Boynton Beach Post Office A copy of the proposed site plan is attached. Please review the attached plan and provide the requested information. Please return the signed sheet to the following using the enclosed self-addressed stamped envelopes. City of Boynton Beach Planning and Zoning Department Attn: Mr. Ed Breese 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Weiner & Aronson, P.A. Attn: Jason S. Mankoff, Esquire 102 North Swinton Avenue Delray Beach, Florida 33445 Will the proposed abandonment affect existing utility service? Yes ~o Comments: t\H -{ 'K.EL~ AT; ~ N r o~ A.. ~ }' u 'l T ,,^~K-c" ~ ....\c=C. ~ ~ s LI.A....TlZt) ~"f '\~\S' A,.C'TlQN w\L.L n;~ AT- .,...\-\~ ?lZ.bP~I1.\\.{ ov.,..1..:t(t.'s €"-p~N.[~ Utility Provider: \S~ t... '- S (!') t.,1'"T' "" 1:" G l.,.~C Q",^- ~v t-i \ C A:.'T'I e. pJ . '7 f,..:; It , , J/ ~ . \3 .Ar'-I...-' ,- .u \~~c..T bR- E: ~1l ~ .2~"'" ~(!{ t; /z /z rJ(~b Representative's Name and Title: lS ~~\&tA,R.~ /\ j- Signature I J.v-h lL-- - Date =......---- j (:1 .~7-.~~,-::::--_____._ // D I ~-[ULL1--~,-; // n f/, ,I ft,!,' i '.h' , II II / / i ' I, 'i I: J t....,. t :,,,._/ t i ' I JUSTfF~CAT~Oli.E FO)P. jfJdBfJ\J[):Ou':HiREu'.H The reason the abandonment is novv needed is that this was an issue overlooked many years ago in connection with the building of the post office. Since it is part of any good building code not to build over easements, the obvious conclusion is the easement was intended to be abandoned at the time of construction, but has not been due to an oversight. Given the fact that in all these years there have been no complaints or usage concerning the easement, it is clearly of no use and the official abandonment should take place. I ~ i 'I i i l.._____..____.._.~ _" -,....~.~. " ~..". '. r 't !' ^ .~..,.-" " ~ ~', 0 { ~ v' i WEINER & ARONSON, P .A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, FL 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: jmankoff@zonelaw.com MICHAEL S. WEINER CAROLEJ.ARONSON JASON S. MANKOFF KERRY D. SAFIER PAMI R. MAUGHAM OF COUNSEL: ROBERT MARC SCHWARTZ, P.A. Florida Board Certified Real Estate Lawyer April 27, 2006 Mr. Bob Lowen Bellsouth Telecommunications Corp. 2021 S. Military Trai! West Palm Beach, Florida 33415 Via 9.verniaht DeliveQ! Re: Notification of Utility Providers for Boynton Beach Post Office Our File No.: BOYB014 Dear Bob: Enclosed please find a Notification of UWity Providers form for the City of Boynton Beach for the abandonment of an easement currently underneath the Boynton Beach Post Office building. Also enclosed is a copy of the survey, a sketch of the legal description of the easer:ient to be abandoned and a justification for the abandortlT!ent. Please complete the enclosed Notification and return it to the City of Boynton Beach and to our office in the self-addressed stamped envelopes that have been provided. Please serd the signed notifications by May 10, 2006. Time is of the essence. Thank you very much for your assistance il"' this matter. if you should have any questions, please contact me at the number above. Very truly yours, r-;1':: :~':: ' I u r-----....P.. lj~ i I L-.--. .' I' ason S. Mankott JSM:alv Enclosures cc: Mr. Ed Breese (w/o enclosures) Michael S. Weiner, Esquire (w/o enclosures) Carole J. Aronson, Esquire (w/o enclosures) !~!~~~~:~.'~~~'.~': i . l . O:\BOYB014\Notificalion Letter 10 Bob Lowen.April 27. 2006.doc WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 . ',( 2 8 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: jmankoff@zonelaw.com MICHAEL 5. WEINER CAROLEJ.ARON50N JASON 5. MANKOFF KERRY D. 5AFIER PAMIR.MAUGHAM OF COUNSEL: ROBERT MARC SCHWARTZ, P.A. Florida Bar Board Certified Real Estate Lawyer April 28, 2006 Via Hand Delivery Mr. Ed Breese Principal Planner of Planning & Zoning City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Re: Boynton Beach Post Office Abandonment Application Our File No.: BOYB014 Dear Ed: Thank you for meeting with us concerning the abandonment of the easement under!1eath the Boynton Beach Post Office building. Enclosed please find a copy of each letter which we sent via overnight mail to the utility providers, including the City of Boynton Beach Water and Sewer Department. For your convenience, also enclosed is a list of what we believe to be the current contacts for the utility providers. We believe that the contacts listed in the application are no longer the correct contacts. I understand that in order to stay on schedule for the .June13, 2006 Community Redevelopment Board hearing, you would like to have these completed notices by Friday, May 19, 2006. To expedite the process, we have provided the utility providers with self-addressed, stamp envelopes and a form to complete, a copy of which is enclosed. A revised Title Certificate to supplement the original Title Certificate which was provided to you is also enclosed. Thank you very much for your assistance in this matter. Please call me should you have any questions. Very truly yours, son S. Mankoff JSM:vf:alv enclosures cc: Michael S. Weiner, Esquire (wlo enclosures) Carole J. Aronson, Esquire (wi enclosures) Ms. Joan Kuehn (wi enclosures) Ms. Ashlee L. Vargo (wlo enclosures) 0:\BOYB014\Letter to Ed Breese.April 28, 2006.doc CERTIFICATE I, JASON S. MANKOFF, ESQUIRE, do hereby certify that to the best of my knowledge, the current fee simple title holder of record for the subject property attached as Exhibit "A" hereto is The Valley Land Corporation, a Vermont corporation. The Valley Land Corporation, a Vermont corporation took title pursuant to the Warranty Deeds attached hereto as Exhibit "8" and made a part hereof. To the best of my knowledge, all existing easements, mortgages or other encumbrances as of December 13, 2005, are those as listed in Exhibit "C". D d: April 28, 2006 EXHIBIT .A" LOTS 9, 10, 1 J AND 12, BLOCK 4, BOYNTON HEIGHTS ADDITlON TO TOWN OF BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 10, PAGE 64, OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS PORTION OF LAND DESCRIBED AS A STRIP OF LAND OVER, THROUGH AND ACROSS THE FOLLOWING: LOTS 9, 10, 11 AND THE WEST 16.01 FEET OF LOT 12, ALL IN BLOCK 4, ACCORDING TO THE REVISED PLAT OF BOYNTON HEIGHTS, AS RECORDED IN PLAT BOOK 10 PAGE 64 IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, IN SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, SAJD STRIP WHEN MEASURED ALONG A LINE J6.01 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID LOT 12, BEING THE NORTHERLY ] 2 FEET; AND LESS THE NORTH 12 FEET OF THE EAST 8.99 FEET OF SAID LOT 12. TOGETHER WITH: LOTS 13, 14, 15, ]6, BLOCK 4, REVISED PLAT OF BOYNTON HEIGHTS, ADDITION TO THE TOWN ON BOYNTON BEAG-I, FLORlDA, ACCORDING TO THE PLAT THEREOF RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORlDA, IN PLAT BOOK 10, PAGE 64. SUBJECT TO 3' EASEMENT ACROSS REAR OF LOTS AS TN PLAT BOOK 10, PAGE 64, PALM BEACH COUNTY RECORDS. TOGETHER WITI-\: LOTS 17, 18, 19,20,21, AND THE NORTH ]8 FEET OF LOT 22, BLOCK 4, REVISED PLAT OF BOYNTON HEIGHTS, ADDITION TO THE TOWN OF BOYNTON BEACH, FLORlDA, ACCORDING TO THE PLAT THEREOF RECORDED TN THE OFFICE OF THE CLERK OF THE CIRCU]T COURT IN AND FOR PALM BEACH COUNTY, FLORlDA, IN PLAT BOOK 10, PAGE 64. LESS PORTJON OF LAND DESCRIBED AS THE EAST 10 FEET OF LOT 17 AND LESS THE NORTH 12 FEET OF LOTS] 8, 19,20,21 AND THE NORTH 18 FEET OF LOT 22 ALL IN SAlD BLOCK 4, AND THAT PART OF SAJD LOTS 17 AND 18 WHlCH]S TANGENT TO A LINE 12 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAlD LOT 17 AS DEEDED TO THE STATE OF FLORIDA. 04/27/2005 15:12 5 t, 1 n::: ':1'-"-, 1 F'TPB & (.<)&A ;'\ c;:; low.. .;;-,. ...".. N = ('", ~ ,") :5 .., ~ iJr/D , II, (.. " I' cJ.! ,er;-"'t 'J 4" <<:l 00 <:::::) ~ m ..n 'I.n <\'l') c:c ,: "j -~J EXHIBIT .. B" W Arm.AN lY tlEE D THIS INrEN1URE, Made th.ls 24th day of June, A.D. 1981 Be tween FRANK M. GII..MAN and OLIVE F. GIlMAN, hu~l:>and and wife. of Hartford in tll~ CountyoflHnd:lOf, in the State of Vermont partie! of the f1r91, part. and THE VAl..J..E:Y LAND CORPORATION, a. Vermont corporsHon duly ofg30ize:d .by law \i1th H~ principal offlce and place of bustne~~ In Hartford In the County of Windsor and Stste of Vermont. party of tha !5eCond part, WITNESSETH. that the s.e.!d p8.rtla~ of the first part, for and in con9ldersLJon of the lJum of T211 and no/lOO - --------.-q~~ u--~Do 11au j to th01Tl in hand paid oy the ~ald party of th.~ second ]Jan, the receipt whereby 1$ herllby aCknowledged, hllve granted, harglllned and sold to the said party of the:! s"c~;nc! part, 1 ts SI(CCilssors and a.ss~gn~ forever, the fOllDwing deMribed I1'10d lying and beIng In the COtlnty of Palm B~ac;:h unci Sate ot florida, particularly degcrlbect as fol1ow~: Lote 9. 10, II afH7 12, Block 4. 8OYNTON HEIGHTS ADDITION TO 100m OF BOYN1'CN BEACH. a~cord.ng to the Plat thereof rtrCord.d 111 Plat Book 10, page 64. of the Public Record. of Palin a...Cl't County, Florid.a. La2s portion of land d0St.:r!blld Ill! a strip of la'ml overj through end acro!l~ the fol1owingl I.ot.s 9, 10. 11 and the ~/est 16.01 feet of Lot 12, all in BlQck 4. !l.CCOrd1ng t.o the RSVISED PLAT OF BOYNTON HEIGH'ts, as re:corded In Plat Soo'k 10 at page 64 in the Publ Ie Recor'd~ of Pallll Be~ch County, rIot' ide. In Sal;t!on 28, 70'olnllh!p 45 South, Range 4.3 Easl, nid strip whE'!n measured along a l1n~ 16.01 fect. East of and paral11l1 to the West Hne of ~llld Lot 12. be lng the Nor th'n ly 12 ru t: !lIld The North 12 fut oJ the Eaet 8.99 feet Of eUcl Lot 12: All. cont.1nlng 116i~ 9qUIU'lI feeh.mureol' lese (I.\) ~eedec1 to tha Stue of Florida, SUBJECT to re!ltr1ctloOIl 11I'td Olt9.'J"lTl,nh of l'e~orct 1f i\.n;y. I: I . I I .). n iJ. n {, ! ~ PAGE 04/2):3 ef4/ 27/ :::'C105 11:,: 1:::' :,1:,17::: 30- -1 RTPB & I;,I&A PAGE 05/08 ,/ ,. I Tcx.E THER wah Q 11 the tenemen te t he red itamen t~ and B.ppurteoances, with ~very prlvl1eglll. right, title. .interest and estate, dOwer and right of do....er. revel',ion. remainder and ea$em~nt thereto belonging or in anywi~e apperta.lning: TO HAVE AND TO HOLD t.he same in fee !!lmple forever. And the ssid pat"tie~ of the f.' It''st pur t. cov~nente wi th tha sate! party of the second part that they ~re lawfully 3eiz~d of t.lle llaid premls~s the. t they are i'rae fran all flIncumbrance~ Whatsoever and that they have good right and la....ful authority to sell ths same; !!.nd that the said parties of t.he first pan do hereby fully wfl.rrant the title to the said premise'.'!, !Lnd will defend the same A.Qa1nst the 1 Zl'ltf'U1 claims of a 11 pe r!lOn~ whome oaver . IN 'rlI7NESS WHEREOf', lh~ sidd part.l(l;$ of the f1r:lt part have hereunto set thlll:ll" nand:! and ':leals the da.y and yellI' abOve wrt tten. S t g1'l0d, Saa Ie d and De 1 i v6red ~n ou r p feSenCI!! : , 1~ ~ /i~l I / rant{<$.. i lman -! j , . I Y , ;" ; I (j) ~~ of. l/!~:7trJ" -L<,./ j 01 iv!! · unman I i : I .!J.Ln-uil) 1 'R. fnJ'~{ / /) ) ~7 ~ / ,- ,v IYt '. ~ f1:' r:. ('Ii-{ ~ / YSL 't.."V.J no Wi neesl!s' / v "- '- S ta te of Vermon t County of Wind90r Q'> ~ 'i4? ~ c:o HEREBY CER TlfY. tha t on th is ;;</'0..... day of Jt,\ne 198 1 before me pereonally I!IPPQIUQ~ FRANK M. GILMAN and OLIVE JI'. O!U<1AN, huaband and wlf<<. to mil known to be the per!lon5 d~!lct'lbed In and who eXl!lcut.l?d th" forl1lgoing con""y.n~. In c..o t:::l:j <::::) 0... Ii " I' Ii " II 11 f~ r 04/27/2005 15:12 - ~ <.P <:Q <;) a... en IF.l ~ t"l'l a;:) !I 'I , II Ii 'I I, ,I I, " .!> :,1:,17::: :::0- C 1 FnPB & I,,,J&A PA'3E 05/08 A>. I: '\; i: and severally acknowledged the execut.ion thereof to be their free act and deed far th~ Ufles llnd purposes therein lWntioned. WiTNESS my ~igna.ture and of:rlcial seal at Hartford in th~ County of Windsor and State of V~rmont; :, ,. , ., year la5t afaraS~1d. :1 11 ;i I' I' ii MV COMMlSSIO~ EXPIRES F~IUWAAY 10, 19a3 I' Jdres~ of the second par ty , " 'TH.f. VALLEY LAND CORPORATION 1''''''''-' P.O. BOl( 862 ' Whit., RIver Jet., VT 0$001 I' I I, I' II I' ,I Ii I MCORO VEI\I~r~O f'A\.M tlEACH r.OU/iT'f. !:\oIl .IOHN.D. pUI\IK\.1 etf.Al'\ CIIl(lH1' ~Ul'l' 04/27/2005 15:12 Sto,1733'- 1. RTPB g V,IgA F'AGE 1:':17/08 WARRANTY Dl':ED 0:> tQ M ~ N OCJ TiUS INDENTUHE. Made this 24th day of. June, A.D. 1981. Between FRANK M. G.!l.MAN and OL!\JE ~. GIU~AN. hllllband and w.He. of Hart.ford in the Ctlunty of Winasor, in the State of I Vermont po.rtle9 of the :first pert, and THE VA1.l..EY LAND CORPORATlOJll. a Vermont c:orporatl.on duly org!l.nl~ed by law w1th l.t~ principal Offlcasnd place of hU~~ne$ll In Hartford In the County of Wlrtd/Jor and St.ata. of Vermont, party of the second part, C'-l 'Ilitnesseth: That the said partllJll of the f1l'st part. for flnd in consideration of the ~wne of Te1l. end nO!lOO--___u__u_ . ---------DoI1arel t.o them in hand paid by th~ said party of ::r: """ ,'I) ~ ~ the second pirt, the receipt \oIhefl'lof 1~ hereby aCknowhdged, ha.'\I'e grantedl barge.!n'!ld and !lold to the said pllrty of the seCond part, He ~uc:c:es!lors and as:dgnll foreve:r, th! following d0:!lCr!bed land, 3Hua.t~, 1ytng and being in the. County of rfJJ :}\, Palm BeaCh, State of Florida to-wi t.I l' 1,(' j) Zs> \~l \ lou 13, 14" 15. 16, 81ack 4, Rav1:u~d Plllt of 8oynton Helghte, addition to the Town of Boynton Beac:l'I, Floridl.\, accorctlng to the 0 1ll to therl!lof recorded In the. Office of the Clerk of the C1rc~1t Cour t In a.nd for Pa tm BeaCh County. flllf!da. In ?lat. Book lO, Page 64. SuhJec t to ) t ~aeement across rear of lote a~ in Plat BOOk 10, Page 64. ?elm Bctlch County l'CCordfl, And th~ said parties of the fll'st part do hereby fu.l1y warrant the title to said land, and will defil'lnd the eame aga1n5t the lawful claims of all per!lons w,\OmSOilver. ln \Htness Wherlilor. the saId parties of th~ flr~t I?art . have hereunto set their hand!! ~.nd 'eal~ tile day and Y4lllr fint 9 ~ 6lJova written, the within ~Jgned. aal~d and da1!ver~d 11'\ CQ Q " presence of us, 0... ~ 'j! ~ ~ I <'1'> .' I :1 r, '~ (I I Cj'.:l ~ I: nlil J!l.f[ U I ..... w ~ ~ Q... Q'} In V1I ;:-;-j i10 :J.[SE~" 04!~7!~005 15:12 St,l 7~: ]'3'- -1 ! II , /' i: I I) ;~ Ap2rin_,f(.~_ a ~ J). ~u--< I ~rnn~{se~ ' (,/ ~ S ta te of Vl!:t'll\On t F'TPB ,~ V,I&A PAGE 08/08 ~ 4. r/ ~~-- ~. G~A> /Q/' ' f ( I ...r--"'-rz.....~ ' -1ffA.-7"~-' Ol1ve . ~ll1\pli I II County of Wlnd';lol' " I, I h@reby eel't.ify, that em thh day, ))e:f'ol"C me.. an of!tcef' duly : aulhof'hed In the State 3.fore:!81d and J.n the County aforesaid to talu:, acknowledgements, personally appltared PRANK M. OIlMAN and OLIVE F. GILMAN.. husband 1M wife to me known to be the per~ons de3cribed In and who e~e~uted t~~ foregoing instrument and have 8cknowle~ged before me that they execu ted the II arne. Witness my hand and offlchl sUl in the County and State last 1ft ~ ~y , aforesaid this fJ+l-h day of June 1981. )' '\/ Address of the second party 'THE VALLEY LAND CORPORA rrON P .0. Bo<'t 882 W~te River Jet., Vi 0$OD1 :;t' ;: II I I; j' I / /, Ii I: t - [... \1\lUOII""JI/,,;-.--: . MY COMMISSION EXPI:":E:; FEBRUARY 10,1983 RECOAD "l:FUfl~O PA!.M IlACH COUNTY. ~ JOHN It OUNKLE CUR" ClfI\cutr CCWAf IIei . ~ ' ODic, J Ie,: J .' ~,j_ 1 . -I FTF'f; l'k:A F'~~I_"E I-C,' 1.1:' " - ---"'-"-~. -~ '- . '- ~ ~,,_...--, - ,'" 0-"'- -'''''~'''''_~''"~ _,~, :). ") or '" "'0' ;(.(l ") ~ ?2 c7 '^' d., 'ry- ? ' (\ .1} ef.) "Dc{' Q f"j ;:) ~ !,.... :;j,' S'."<1 tF-7J "'v--:J .)Q! \rJP.RFVINTY .Q;;;ED THIS JNDf.N1lJREp Made thiCl 24 th day of June, A.D, 19t1l Bett-J<B'tfi FRANK j\q 0 GILNAI\! 1mrJ OLIVE F. GILMAN, hUll11rand !lnd \'IHI<; of KartfOI'd in the County of W!ndSDI', in the Stat~ of Vet'mont parties of the f! rs t part, and THE VALLEY !.AND CORPORATION, G. Vermont corpora t.lon du ly organhed by law with its principal orne€! and place of' business in Hartford in the County of lIJ!ndgor (\fld StGte of Verlllont, party of the ~ecQnd Pl'll't. VJlTNESSETH: Tha,t the 9alC1 1H1fties of the first part, fat' and in can:3!del"IiJ.'t.1ol1 of tha sum of Ten and no/l00--~ '--.---~..~-----Dol1a1's, to them in hand pll.j d by the 'aid pal'ty of the gecond ps.l't, ~h<e rec;eipt ....hereof is hereby aCknowledged, have g1'ao ted, bargained and :lold to the 3~f d party of the !IeCond part, H!l succe~sors and ~:Jslgns forever. thl/) folltl~ltn9 de~C;:1'~b~d ltJ.nd, 3 JtUlIlte, lying and befng in t.he County of ?(llm [leaCh, St!l.t€ of rlcrjda to-wit: LOLa 17. 18. 19, 20. 21 and the North 18 fect of Lot 22, 810ck 4. Rev{ud Plat of Boynt.on HB!ghls. Addition to the Town of Boyntoln Be&<::h, FlorIda, according to the plat th~Heof l'~cordlJld in the offlCQ; Of the Clerk (.[ th... Circuit Court fn and fof' hh'n BllIl\\ch County, Plodda, in Plat !looh 10, page 64. LeS:9 portIon of land de5crlbed as the East JO ft. or Lot 17 and let2 the North 12 ft. of lot~ IS. 19, 20, 21 and tha North 18 ft. of Lot 22 all in ::laid Blo<:k 4, a.nd thal pSl't of '.Hl!d Lots 17 and )8 whlcll is tangent to a Ii na 12 ft. SO~ th of and pa.ra He 1 to the Ee-lJt line of said lOt3 17 and 18 a, daeder.! to the State of rlodcla And the Bll.id I'SfUIfS of the flr'.lt part do hereby fully WIHrll.nt Lh~ t! tIe to said land, l'i.nd '11111 defend the same aglllno;t th~ l~\.;ful Claims of &11 per~ons whomsoever. /' I"~ ~ r " - 04/27/2005 15:12 ':,1:,1 n:::c RTPB g ~\lgA F'AGE 0=::./0:::: . -" ,1~ IN WITNESS ~IHEREOF, thl! :lfl.ld partl.,s of the fir9t: part have hereunto set their hands and seals the day of i I I I I presence or U~ I ~J 7JJ.lL <l.4 ~ rank M. (H lman I d2!~~f. (~~au~ i 1 va . !me. I I year above written S!gn~~, sealed and dellv~re~ in .:fiulYJrio,~f2 /rw , il si' 0' '/ ,I ~A~ 1.'_ ~~~~ \"tnesses /,' , t-' State of Vel'mont Count.y of Windsor 1 HtRE8Y CERTIF'Y that on this de.y# befQre Ole. an offiCer duly authOrized In the State afore!e.!d and in the County afOfl":sa! d to take llcknowl<edgrnen tll, personally appeared FRANK M. GIU"IAN and OJ..l\1E r. GILMAN, husband and wIfe, to me known to be th~ perllon:! described In and ....ho txecuted the foregoing in~tr\lll\l!:nt I?nd have llclmOWl/ldged btfore me that tl\ey executed the !lMIC, Ii! TNESS my hand and offiCIal seal in thl": Cou~,t.j"and ,l\\ltllII11111 U \\' It. thi\'! ;J1t.F1 day of June 1981:""P'~~.~I~t.L~:~~,~,:", " .",': ~., ....., '",' ";". r~J, fo" , ~ .4",t ,,0 ,,- .'."" ~ '. ~~ ~! 'i".~' :..~ 12; ~ (".! .r~t:"~' \.;~'<~: ,~,~ .>~;0/ . "'?~;;~~:1\'(' :..' MY COM'1'1'SSION EX?!:1[3 -'On FEBRUARY 10, 198$ State lallt nforcsald vI'~re$a of the second party THE VALLEY LAND CORPORAllON P.O. Box 882 White River Jet.., V1.' 05001 10 0.:' IJ":) ~ d a... e:T> ib u'~ en a::.\ -il.-- I: ~ AfCOflD VeRIRm I reALM UEACfI COUNn'. AJ JOliN fl, I)UNl(LE C'\fA}( CiACUlT COM;!' ~ EXHIBIT lie It Attorneys' Title Insurance Fund. Inc. COA1MITMENT FORM Schedule B-II Commitment No.: C-703889] Agent's File Reference: BOYB012 11. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of The Underwriter: I. Defects. liens. encumbrances, adverse claims or other matters. ifany. created. first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this commitment. 2. Any owner and mortgagee policies issued pursuant hereto will contain under Schedule B the standard exceptions set forth at the inside cover hereof unless an affidavit of possession and a satisfactory current survey are submitted. an inspection of the premises is made, it is determined the current year's taxes or special assessments have been paid. and it is determined there is nothing of record which would give rise to construction liens which could take priority over the interest(s) insured hereunder (where the liens would otherwise take priority, submission of waivers is necessary). 3. Any owner policy issued pursuant hereto will contain under Schedule B the following exception: Any adverse ownership c1al/n by the State of Florida by right of sovereignty to any portion of the lands insured hereunder. including submerged, filled and artificially exposed lands, and lands accreted to such lands. 4. The lien of all taxes for the year 2006 and thereafter. which are not yet due and payable. 5. Restrictions, conditions, reservations, easements, and other matters contained on the Plat of Boynton Heights Addition. as recorded in Plat Book 10, Page 64. of the Public Records of Palm Beach County. Florida. 6. Restrictions, conditions. reservations, easements and other matters contained on the Plat of Boynton Heights. as recorded in Plat Book 6, Page 5, of the Public Records of Palm Beach County, Florida. 7. All matters contained in Deed recorded in Official Records Book 2830, Page 1483, of the Public Records of Palm Beach County, Florida. 8. All matters contained in Deed recorded in Official Records Book 2830. Page 1484. of the Public Records of Palm Beach County, Florida. 9. Lease to United States Postal Service recorded in Official Records Book 13916, Page 979, Public Records of Palm Beach County. Florida. 10. Encroachment of Post Office onto three foot (3') easement depicted in Plat Book 10. Page 64, Public Records of Palm Beach County, Florida. Form C-SCH B-ll (rt'r 5 9-1) DoubleTime@ UTILITY COM PAN IES Florida Public Utilities Ms. Patty McLeod 401 South Dixie Highway West Palm Beach, FL 33401 (561) 838-1771 (phone) (561) 833-0151 (fax) Florida Power & Liaht (FPL) Mr. John Van Vleet 21400 Powerline Road Boca Raton, Florida 33433 (561) 479-4511 (phone) (561) 479-4588 (fax) Adelphia Cable Mr. Henry Patino 1830 NW 2nd Avenue Boca Raton, Florida 33432 (561) 417-0645 (phone) Bellsouth Telephone Mr. Bob Lowen 2021 S. Military Trail West Palm Beach, Florida 33415 (561) 439-9118 (phone) City of Bovnton Beach Water and Sewer Department Mr. Pete Mazzella 124 E. Woolbright Road Boynton Beach, Florida 33435 (561) 742-6404 (phone) (561) 742-6298 (fax) NOTIFICATION OF UTILITY PROVIDERS Dear Sir/Madam: The City of Boynton Beach has received an application to abandon/vacate as described below: Owner/Applicant: Valley Land Corporation/Boynton Boundless. LLC Project Name: Boynton Beach Post Office Project Address/Location: Southwest corner of Boynton Beach Boulevard and North Seacrest Boulevard Proposed Improvements: Abandon a three (3) foot easement underneath the Boynton Beach Post Office A copy of the proposed site plan is attached. Please review the attached plan and provide the requested information. Please return the signed sheet to the following using the enclosed self-addressed stamped envelopes. City of Boynton Beach Planning and Zoning Department Attn: Mr. Ed Breese 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Weiner & Aronson, P.A. Attn: Jason S. Mankoff, Esquire 102 North Swinton Avenue Delray Beach, Florida 33445 Will the proposed abandonment affect existing utility service? Yes No Comments: Utility Provider: Representative's Name and Title: Signature Date WEINER & ARONSON, P,A. ATTORNEYS AT LA VV The Clark House 102 North Swinton Avenue Delray Beach, FL 33444 Telephone: (661) 266-2666 Telecopier: (661) 272-6831 E-mail: jmankoff@zonelaw.com MICHAEL S. WEINER CAROLEJ.ARONSON JASON S. MANKOFF KERRY D. SAFIER PAMIR.MAUGHAM OF COUNSEL: ROBERT MARC SCHWARTZ, P.A. Florida Board Certified Real Estate Lawyer April 27, 2006 Via Overniaht Delivery Mr. John Van Vleet FP&L Distribution Designer 21400 Powerline Road Boca Raton, Florida 33433 Re: Notification of Utility Providers for Boynton Beach Post Office Our File No.: BOYB014 Dear John: Enclosed please find a Notification of Utility Providers form for the City of Boynton Beach for the abandonment of an easement currently underneath the Boynton Beach Post OfficfJ building. Also enclosed is a copy of the survey, a sketch of the legal description of the easement to be abandoned and a justification for the abandonment. Please complete the enclosed Notification and return it to the City of Boynton Beach and to our office in the self-addressed stamped envelopes that have been provided. Please send the signed notifications by May 10, 2006. Time is of the essence. Thank you very much for your assistance in this matter. If you should have any questions, please contact me at the number above. Very truly yours, .' /;l~---- .- ;?:? //Jason S. Mankoff JSM:alv Enclosures cc: Mr. Ed Breese (w/o enclosures) Michael S. Weiner, Esquire (w/o enclosures) Carole J. Aronson, Esquire (w/o enclosures) 0:\BOYB014\Notification Letter to John Van VleeLApril 27. 2006 doc 'MEINER ARONSON'5 ATTORNEYS AT LAVIJ The Clark House 102 North Swinton Avenue Delray Beach, FL 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: jmankoff@zonelaw.com MICHAEL S. WEINER CAROLEJ.ARONSON JASON S. MANKOFF KERRY D. SAFIER PAMI R. MAUGHAM OF COUNSEL: ROBERT MARC SCHWARTZ, PA Florida Board Certified Real Estate Lawyer April 27, 2006 Via Overniqht Delivery Ms. Patty McLeod Florida Public Utilities Company 401 South Dixie Highway West Palm Beach, Florida 33401 Re: Notification of Utility Providers for Boynton Beach Post Office Our File No.: BOYB014 Dear Patty: Enclosed please find a Notification of Utility Providers form for the City of Boynton Beach for the abandonment of an easement currently underneath the Boynton Beach Post Office building. Also enclosed is a copy of the survey, a sketch of the legal description of the easement to be abandoned and a justification for the abandonment. Please complete the enclosed Notification and return it to the City of Boynton Beach and to our office in the self-addressed stamped envelopes that have been provided. Please send the signed notifications by May 10, 2006. Time is of the essence. Thank you very much for your assistance in this matter. If you should have any questions, please contact me at the number above Very truly yours, ~c-~--_/ // Jason S. Mankoff JSM:alv Enclosures cc: Mr. Ed Breese (w/o enclosures) Michael S. Weiner, Esquire (w/o enclosures) Carole J. Aronson, Esquire (w/o enclosures) 0:\BOYB014\Notification Letter to Patty McLeod.April 27. 2006.doc WEINER & ARONSON~ P ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, FL 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: jmankoff@zonelaw.com MICHAEL S. WEINER CAROLEJ.ARONSON JASON S. MANKOFF KERRY D. SAFIER PAMI R. MAUGHAM OF COUNSEL: ROBERT MARC SCHWARTZ, P.A. Florida Board Certified Real E~tate Lawyer April 27, 2006 Via Overniqht Delivery Mr. Bob Lowen Bellsouth Telecommunications Corp. 2021 S. Military Trail West Palm Beach, Florida 33415 Re: Notification of Utility Providers for Bovnton Beach Post Office Our File No.: BOYB014 Dear Bob: Enclosed please find a Notification (jf J.AiHty Providers form for the City of Boyntcf) Beach for the abandonme~lt ot an easement cUlT.:;.riUy underneath the Boynton Bead' Post Ofti':'e building. Also enclosed is a copy of the survey, a sketch of the legal description of the 83seMent to be abandoned and a justification for the aba:1donrnent. Please complete the enclosed Notification and return it to the City of Boynton Beach and to our office in the self-addressed stamped envelopes that have been provided. Please serd the signed notifications by May 10, 2006. Time is of the essence. Thank you very much for your assistance in this matter. If you should have any questions, please contact me at the number above. Very truly yours, /? ~/ /'/~son& Mankoff {/ JSM:alv Enclosures cc: Mr. Ed Breese (w/o enclosures) Michael S. Weiner, Esquire (w/o enclosures) Carole J. Aronson, Esquire (w/o enclosures) 0:\BOYB014\Notification Letter to Bob Lowen.April 27. 2006.doc WEINER & ARONSON, P.A-. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, FL 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: jmankoff@zonelaw.com MICHAEL S. WEINER CAROLEJ.ARONSON JASON S. MANKOFF KERRY D. SAFIER PAMI R. MAUGHAM OF COUNSEL: ROBERT MARC SCHWARTZ, PA Florida Board Certified Real Estate Lawyer April 27, 2006 Via Overniqht Delivery Mr. Henry Patino Adelphia Cable 1830 NW 2nd Avenue Boca Raton, Florida 33432 Re: Notification of Utility Providers for Boynton Beach Post Office Our File No.: BOYB014 Dear Henry: Enclosed please find a Notification of Utility Providers form for the City of Boynton Beach for the abandonment of an easement currently underneath the Boynton Beacll Post Office building. Also enclosed is a copy of the survey, a sketch of the legal description of the easement to be abandoned and a justification for the abandonment. Please complete the enclosed Notification and return it to the City of Boynton Beach and to our office in the self-addressed stamped envelopes that have been provided. Please send the signed notifications by May 10, 2006. Time is of the essence. Thank you very much for your assistance in this matter. If you should have any questions, please contact me at the number above. Very !.qJly yours, /; .. f / / ~s. Mankoff JSM:alv Enclosures cc: Mr. Ed Breese (w/o enclosures) Michael S. Weiner, Esquire (w/o enclosures) Carole J. Aronson, Esquire (w/o enclosures) 0:\BOYB014\Notification Letter to Henry Patino.April 27, 2006.doc WEINER &: ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, FL 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: jmanlcoff@zonelaw.com MICHAEL S. WEINER CAROLEJ.ARONSON JASON S. MANKOFF KERRY D. SAFIER PAMI R. MAUGHAM OF COUNSEL: ROBERT MARC SCHWARTZ, PA Florida Board Certified Real Estate Lawyer Apri128,2006 Via Hand Deliverv Mr. Pete Mazzella Utility Department 124 E. Woolbright Road Boynton Beach, Florida 33435 Re: Notification of Utility Providers for Boynton Beach Post Office Our File No.: BOYB014 Dear Pete: Enclosed please find a Notification of Utility Providers form for the City of Boynton Beach for the abandonment of an easement currently underneath the Boynton Beach Post Office building. We have previously submitted an abandonment application to the Planning and Zoning Department and after the meeting they instructed us to contact you. Also enclosed is a copy of the survey, a sketch of the legal description of the easement to be abandoned and a justification for the abandonment. Please complete the enclosed Notification and return it to the City of Boynton Beach Planning and Zoning Department and to our office in the self-addressed stamped envelopes that have been provided. Please send the signed notifications by May 10, 2006. Time is of the essence. Thank you very much for your assistance in this matter. If you should have any questions, please contact me at the number above. j/ son S. Mankoff y JSM:alv Enclosures cc: Mr. Ed Breese (w/o enclosures) Michael S. Weiner, Esquire (w/o enclosures) Carole J. Aronson, Esquire (w/o enclosures) 0:\BOYB014\Notification letter to Pete Mazzella.April 28, 2006.doc PROJECT NAME: Post Office Easement Abandonment .. LOCATION: Seacrest and Boynton Beach Blvd. PCN: I FILE NO.: ABAN 06-007 II TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER: Valley Land Corporation Jason Mankoff - Weiner & Aronson ADDRESS: ADDRESS: 102 N. Swinton Avenue Delray Beach, FL 33444 FAX: FAX: 561-272-6831 PHONE: - PHONE: 561-265-2666 E-Mail: imankoff<mzonelaw.com SUBMITTAL / RESUBMITTAL 4/11/06 1 ST REVIEW COMMENTS DUE: PUBLIC /IP ARC NOTICE: 6/3/06 TART MEETING: LAND DEVELOPMENT SIGNS POSTED (SITE PLANS): LEGAL AD: 6/3/06 PLANNING & DEVELOPMENT BOARD MEETING: COMMUNITY REDEVELOPMENT 6/13/06 AGENCY BOARD CITY COMMISSION MEETING: 7/5/06 & 7/18/06 COMMENTS: S:\Planning\SHARED\WP\PROJECTS\Post Office Seacrest & Boynton\2006 PROJECT TRACKING INFO.doc