Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
05-28-2004 Baird to Redmond - Annexation of Alternate A1A properties05/28/2004 13:20 5616250610
Facsimile
TRANSMITTAL
THOMAS J. BAIRD, P.A.
THOMAS J BAIRD PA
PAGE 01/03
to: Dennis Redmond, Village Manager
fax 8483344
re: Annexation of Properties Along the West Side of Alternate Al A, North of
Northlake Boulevard
date: May 28, 2004
pages: .� , including this cover sheet.
Please also distribute the attached letter to the Mayor and Village Councilors.
Thank you.
From the desk of...
Thomas J. Balyd, Esquire
Thomas J. Baird, P.A.
11801 U.S. Hwy. One, Sulfa 105
North Palm [leach, FL 33408
(561) 625.4400
Fax; (551) 625 -0610
E -mall- tbalyd@tjbalydlaw.com
THE INFORMATION IN THIS TRANSMISSION IS ATTORNEY PRIVILEGED AND CONFIDENTIAL, IT IS INTENDED FOR THE USE
OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,
YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY
PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY
TELEPHONE COLLECT AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS VIA THE U.S. POSTAL SERVICE,
WE WILL REIMBURSE YOU FOR THE EXPENSE, THANK YOU.
05/28/2004 13:20 5616250610 THOMAS J BAIRD PA PAGE 02/03
LAW OFFICES
THOMAS J. BiAIRD, P.A.
11691 U.S. HIGHWAY ONE, SUITE 105
NORTH PALM BEACH, FL 33408
THOMAS J. BAIRD
Board Certified
City, County & Looel Government Law
May 28, 2004
Via Facsimile 848 -3344
Dennis Redmond, Village Manager
Village of North Palm Beach
501 U.S. Highway One
North Palm Beach, FL 33408
TELEPHONE (561) 625 -4400
FACSIMILE (561) 625 -0610
E -MAIL tbaird@tjbairdlaw.corn
Re: The Annexation of Properties Along the West Side of Alternate A1A, North
of Northlake Boulevard
Dear Mr. Redmond:
I represent Edward Roby of A1A Capital, LLC. ( "Capital "). Mr. Roby has retained
me to review correspondence received from Palm Beach County (the "County "), whereby
the County has concluded that if the Village annexes Capital's properties this would create
an enclave because the U -Haul property has been excluded. In reaching this conclusion,
the County relies upon the definition of enclave contained in Fla. Stat. §171.031(13)(b)'.
I am of the opinion that this annexation is not necessarily violative of the spirit and intent
of the annexation laws because it would reduce a pocket of unincorporated property, which
is within the Village's identified annexation area. As such, it is in the interest of the County
to support this voluntary annexation because by doing so, it reduces the amount of an
unincorporated pocket.
It should also be recognized that even if this annexation occurs, the County and
Village can easily resolve the County's concern that the U -Haul property will become an
enclave in one of two ways. First, U -Haul could also voluntarily annex into the Village. (I
understand that this dialogue is ongoing.) Second, because the U -Haul property consists
of less than ten acres of unincorporated property, the Village and County are authorized
by Fla. Stat. §171.046(2)(a), to annex this property by an interlocal agreement. The Village
could initiate a dialogue with the County now, such that the annexation (by interlocal
agreement) of the U -Haul property could closelyfollow the annexation of Capital's property.
I would be happy to assist the Village and County in any way possible, if either entity
desires.
'An area enclosed within, and bounded by a single municipality, and a natural or
manmade obstacle that allows the passage of vehicular traffic to an unincorporated
area only through a municipality.
05/28/2004 13:20 5616250610 THOMAS J BAIRD PA PAGE 03/03
Mr. Dennis Redmond
May 28, 2004
Page 2
In sum, even assuming the annexation of Capital's property were to render the U-
Haul property an enclave, there are ready and available means to address this situation.
Either U -Haul voluntarily annexes, or the County and Village enter into an interlocal
agreement to involuntarily annex the U -Haul property. Please contact me at your
convenience should I be of assistance to you.
Sincerely,
r
Thomas J. Baird
TJB /sp
cc: The Honorable Mayor and Members of the Village Council
George Baldwin, Village Attorney
Edward Roby
Jim Fleischmann
EATJBW1A CapltahRedMond Ltr.wp0