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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