SE 4th Avenue ABAN 07-004
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
I Devolopment
'P & Z
Building
Engineering
Occ. License
Deputy City Clerk
PROJECT NAME:
SE 4th Avenue Abandonment (ABAN 07-004)
AGENT'S ADDRESS:
Mr. Jeff Tomberg for 4th Street LLC
626 SE 4th Street, Boynton Beach, FL 33435
APPLICANT'S AGENT:
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 16,2007
TYPE OF RELIEF SOUGHT: Request to abandon a segment of the 20-foot right-of-way of SE 4th
Avenue
LOCATION OF PROPERTY: West of Railroad Avenue and East of SE 4th Street
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
V"HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
vGRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other:
DATED:
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Exhibit "A" - Location Map
ABAN 07-004, ABAN 07-005
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Joseph M.Tucker. P.LS.
EXHIBIT "B"
80UNOARY SURVEYS
MORTGAGE SURVEYS
CONSTRUCTION LA YOUT
219 S.E. 23rd AVENUE - P.O. BOX 759 . BOYNTON BEACH, FLORIDA 33435
BOYNTON BEACH Phone (561) 737-6546 . Fax (561) 734;7546
PORTION OF RAILROAD A VENUE
AND S.E. 4 TH. A VENUE
TO BE ABANDONED
A PORTION OF RAILROAD A VENUE, AS RECORDED BY PENCE SUBDIVISION NO.1, IN PLAT BOOK 33, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF S.E. 4 TH. AVENUE, AS RECORDED
BY THE PLAT SUNSET COURT, IN PLAT BOOK 11, PAGE 33, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
SAID LANDS TO BE ABANDONED ARE DESCRIBED AS FOLLOWS;
THA T PORTION OF RAILROAD A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF
LOT6, BLOCK "B", (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY THE NORTH LINE OFLOT 3,BLOCK "B",
(EXTENDED WESTERLY); BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 3, 4, 5, AND 6, BLOCK "B",
BOUNDED ON THE WEST BY THE EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD RIGHT OF
WAY, ALL AS SHOWN BY THE PLAT OF PENCE SUBDIVISION NO.1; AS RECORDED IN PLAT BOOK 1, PAGE 33, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
AND
THA T PORTION OF RAILROAD A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF
LOT 6, (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY THE NORTH LINE OF LOT 5, (EXTENDED
WESTERLY); BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 5, AND 6, BOUNDED ON THE WEST BY THE
EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY, ALL AS SHOWN BY THE
PLA T OF SUNSET COURT; AS RECORDED IN PLAT BOOK 11, PAGE 29, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
AND
THAT PORTION OF S.E. 4 TH. A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE NORTH LINE OF
LOT 6 AND 7; BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOT 4 AND 5; BOUNDED ON THE EAST BY THE
EAST LINE OF LOTS 4, AND 7, (EXTENDED); BOUNDED ON THE WEST BY THE EAST RIGHT OF ,WAY LINE OF
RAILROAD A VENUE, ALL AS SHOWN BY THE PLAT OF SUNSET COURT; AS RECORDED IN PLATBOOK 11, PAGE
29, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
I HEREBY CERTIFY THAT TIffi DESCRIPTION AND THE ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN .
ACCORDANCE WITHTIffi SURVEYING STANDARDS, CHAPTER 61G176, FLORIDAAI?MINISTRATIVE CODE, SETFORTH'
BY TIffi FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA! .
STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS THE.
SIGNATURE AND THE ORIG~AL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, TIllS DRAWING,
SKETCH, P AT OR MAP IS FdR INFORMATION PURPOSES O~ Y ANt> IS NOT VALID
BY; ,r! ~':~
JeffitpH . TUCKE DATE I OS; 87
!grzGISTERED L SURVEYO NO. 3285
STATE OF FLORIDA
5. ~e.,L / of' c
LB 2102 .
Joe Tucker
. NOTE: TIITS IS NOT A SKETCI:I OF SURVEY, Bur ONLY A GRAPHIC DEPICTIONS
OF THE DESCRIPTION SI:IOWN HEREON, THERE HAS BEEN NO FIELD WORK
VIEWlNGOF THE SUBJECT PROPERTY, ORMONUMENTS SET IN CONNECTION. .
wrrn THE PREPARATION OF THIS INFORMATION SHOWN HEREON.
NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED BY THE SURVEYOR
FOR RIGJITS OF WAYS, EASEMENTS OR RESERVATIONS OF RECORD
Phone:
'''Boca (561) 391-4388
Boynton (561) 737-6546
FAX (561) 734.7546
JOSEPH M. TUCKER, P.LS.
219 S.E. 231t1 Ave. - P.O. Box 759
Boynton Beach, FL 33435
EXHIBIT "e"
Conditions of Approval
Project Name: Abandonment of a segment of the 20-foot right-of-way of SE 4th A venue
File Number: ABAN 07 -004
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
1. All existing city utilities (water and wastewater conduits) must be relocated X
ifit is the intent to continue their functional purposes in S.E. 4th Avenue, or
abandoned (and agreed to by the Utilities Department).
2. All utility services within this project shall be relocated at the applicant's X
cost. This is reflected in the projected right-of-way for conceptual S.E. 3rd
A venue which has electrical service.
3. The abandonment of this 20-foot street right-of-way (S.E. 4th A venue) shall X
be so designated on a required new boundary plat prior to the issuance of a
Land Development permit for future development of the property.
4. As required after site plan approval, the proposed new development shall X
generate and submit a boundary record plat (as a minimum) to reflect the
area contained therein, the easements for utilities and storm drainage
systems, the abandonment(s) of right-of-ways (after action by the City
Commission via ordinances), L.A.E. 's, access location(s), etc.
BUILDING DIVISION
Comments: None X
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
PUBLIC UTILITY PROVIDERS
Comments:
5. There shall be two (2) four-inch (4") Schedule-40 PVC conduits required to X
be installed along the northernmost ten-feet (10') of the current right-of-way
of Southeast 4th Avenue, between Southeast 4th Street and westerly to the
Florida East Coast Railroad right-of-way.
6. The above-mentioned ten-feet (10') shall be recorded and delivered to X
Bellsouth Telecommunications, Inc. as a utility easement.
7. Should there be any relocation or adjustments of Bellsouth's facilities X
associated with this project, those costs would be the responsibility of the
property owner.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
8. Remove burned structure on adjacent property within 90 days from the date X
of CRA action.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. ~
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