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LEGAL APPROVAL '- -; ./ j~ r, Krc RESOLUTION NO. 89 H A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A FOURTEEN FOOT UNIMPROVED . '-SERVICE ALLF.Y....;- ~A.llJ l:'ROPERTY BEING MORE -PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ALLEY; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. : i \ WHEREAS, Siteworks Architects and Planners, Inc., as agent for owner of said property, has requested the abandonment of the hereinafter described fourteen (14') foot alley; and WHEREAS , comments have been solicited from the . , " ',/ : appropriate City Departments; and .. WHEREAS, public hearings have been held before the City's Planning and Zoning Board and the City Commission on . , I , I the proposed abandonment; and WHEREAS, based on the foregoing information, the said alley no longer serves any useful purpose. NOW, THEREFORE, BE IT .RESOLVED BY THE CITY COMMISSION ; 'OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1: - The City of Boynton Beach, Florida, by 'and through its City Commission, does hereby abandon a certain fourteen (14') foot alley located in the City of . Boynton Beach, Florida, attached hereto as Exhibit "A". .. Section 2: The Mayor and City Clerk are hereby : authorized and directed to execute and deliver the attached ',Disclaimer and cause the same to be filed in the Public I :Records of Palm Beach County, Florida. ,I " H 1; " 'I !: ,; 'I Ii 11 , I; \\ d II @ - " ~,' ',.. . ~ .",:::'~:,~-. "~~~~::~';:;~:~'.: ~.::--~.~,::.~ -. '1:~.~_...;._~~~2ci ;. ./ ../ (' " ' / / Section 3: This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED THIS ~ day of MQ..IV"~ h , 1989. CITY OF BOYNTON BEACH, FLORIDA C?~f{ [rPkt~ Mayor ;) ~~.~ Vl. Mayor c::>P~~ J ~ Commissioner OQ~' Commissioner ~tJ~ Commissioner ATTEST: ~t~(j~/~ (Corporate Seal) . , EXHIBIT "A" That certain fourteen foot (14') alley lying North of, adjacent and abutting to Lots 21, 22, 23 & 24 inclusive in Block 1 of SHEPARD FUNK ADDITION as recorded in Plat Book 1, Page 15, Palm Beach County, Florida. i I '''.__ __._,_-'____.,._~..,__..---._,. ---~ ,'.-.--.--, .'.-~' ----....--"' I I I !JfJ(2)1 I' I II , -. : I . r ............ ~.s41 '- ,", DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon and disclaim a certain 14 foot alley, situated and located in Palm. Beach County, Florida, attached hereto as Exhibit "A". IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ~ day of ~, I I //#;A'C!# , 1989. ';ATTEST: '" .cd~'~~ /'''7 I.-LI .. Mayo STATE OF FLORIDA ) ) ss: ) COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, personally appeared ~LPH' /Jf/l/?CZ#ES€' and b6/'"'7Y s: ~RONI , Mayor and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the' 'persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and . purposes mentioned therein; that they affixed thereto the t. official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS, my hand and official seal in the said State and County this 7 day of ~,A7a.# , 1989. ~~~.,~ No ry Public, State 0 Florida ','.. ) .., fiOT,\;';Y ;-:~i~ll':. :-:-"'\7C c:: ~!..or:~~;\". (.IV CO;,~:.i;~J.t..,:~ i:~Fl~:::;: JI.~U. 2. 1.?f~. . P.Oh;';"';":> :.....-:'..: t...JtAt;-. P\J':'~l;:; \;U:,H:AVHUU:N9: ., .1 , .' " ' , .....\l. I: i -I Ii rI " . .~~:: ~~:.-~~', ~'. . ~e!) ..' ., ..... .."''''' .. ~ .. '.... .,-~- -.:.. MEMORANDUM September 7, 1988 TO: CHAIRMAN AND MEMBERS PLANNING AND ZONING BOARD FROM: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR RE: KENTUCKY FRIED CHICKEN .' After having submitted a site plan for review by the Technical Review Board at the August 2, 1988 meeting which incorporated a fourteen (14) foot wide unimproved service alley located along the north side of the property, the project architect was informed that the north seven (7) feet of this alley could not be utilized without a land use element amendment/rezoning request from "Medium Density Residential" land use to "Local Retail" land use and a concurrent rezoning from R-2 to C-3. An application for this change has since been submitted and is being processed for October pUblic hearings. ~ Based on the above, it is recommended that this project be postponed and that the public hearings for the abandonment (item 6.A.1), the parking lot variance (item 6.A.2) and the Conditional Use (item 6.A.3) be continued to the October 11, 1988 meeting at 8:00 p.m. An announcement should also be made that the public hearings for the abandonment and conditional use requests will be held before the City commission on October 18th at 7:00 p.m. or . as soon thereafter as the agenda permits. ~ .J._~/ fA CARMEN s. ANNUN IATO f CSA::r.o cc City Manager Central File .4'(2) 'IJ.~"- .'- ....~--..~~. --'" MEMORANDUM September 14, 1988 TO: Mr. Jim Golden Senior City Planner FROM: Torn Clark City Engineer .RE: Alley Abandonment, N.W. corner of N.E. 1st, Street and Boynton Beach Blvd. Copies of letters from Utility Companies concerning this are listed below: 1. Letter dated August 25, 1988 fro'm Southern Bell 2. Letter dated August 18, 1988 from Florida Power & Light 3. Letter dated August 16, 1988 from Florida Public Utilities 4. Letter dated August 17, 1988 from Comcast Cable Based on the responses from the Utility Companies, appropriate easements and/or relocations will be required at the expense of the Developer if the alley was abandoned. This alley is utilized by City service vehicles. Routing thru private property will be required if alley was abandoned. Vo-:~ Torn Clark TAC/ck attach" cc: Sue Kruse, Deputy City Clerk %(0 . : @ \~Q 326 Fern Street. Room 501 \'\. l L\ West Palm Beach, Florida ,O~ I (407) 837-6355 (j..~ ( Southern Bell P. S. Davis District Engineer August 25, 1988 Mr. 'Ibomas A. Clark, P.E. City Engineer P. o. Box 310 Boynton Beach, FL 33435-0310 RE: Alley Abandornnent - N. W. comer of N. E. 1st, street and Boynton Beach Boulevard (Kentucky Fried allcken) Dear sir: '!his is to advise that Southern Bell has telephone facilities located in the subject right-of-way and is opposed to an abandornnent but would be amendable if an easement is granted that would cover the location of our facilities. Yours tn1ly, \],~ r District Engineer MEG/rr A BEllSCVTH Company kr'C!) BOX 2409, DELRAY BEACH, FL 33447.2409 I=I=IL August 18, 1988 n 1 ,V 0 ( ~ V'~' \) . 0 ( ~(;\V' i ~ ' Mr. Thomas A. Clark, P.E. City Engineer City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33435 Re: Abandonment of 14' wide alley, N.W. corner of N.E. 1st Street & Boynton Beach Blvd. (Kentucky Fried Chicken) Boynton Beach Dear Mr. Clark: We have reviewed the referenced request to abandon the 14' wide alley at the above location. Presently we have an over- head electric line located in this alley. We have no objection to the abandonment if a 12' utility easement is granted to Florida Power & Light Company, to protect the existing facilities. If I can be of further assistance, please do not hesitate to contact me. . Sincerely, )1{. /J. ~~ M. A. Villavicencio Supervising Engineer MAV/nac tffD an FPL Group company COMPANY J'\ 9 (:z(~ '\'\) -) ,: 5,) ,/ ~f( PUBLIC A _DORIES' -1:-1." TO CO............ AT P. O. Drawer C West Palm Beach, Florida 33402 August 16, 1988 Mr. Thomas A. Clark City Engineer . City of Boynton"Beach P. O. Box 310 Boynton Beach, Florida 33435-0310 Dear Mr. Clark: In reply to your letter of August 11, 1988, we wish to advise that Florida Public Utilities Company has no objection to the abandonment of the alley right-of-way lying north of and adjacent to the north line of Lots 21 through 24 of Block 1 of the Shepard-Funk Addition to the City of Boynton Beach. At the present time, we have no underground gas distribution facilities located within the above described alley right-of-way. Yours very truly, #.L B. R. Becker Engineer . --f 0J Comcast Cablevision 01 West Palm Beach. Inc. 1421 Oglethorpe Road West Palm Beach, Florida 33405 (305) 659-6359 ~ COIVICAST August 17, 1988 CITY OF BOYNTON BEACH 120 NE 2nd Ave PO Box 310 Boynton Beach, FL 33435-0310 ATTN: Thomas A. Clark - ..-".,' . RE: Alley Abandonment - N.W. corner of N.E. 1st Street and Boynton Beach Blvd. (Kentucky Fried Chicken) .' ,', Dear Mr Clark; Comcast Cablevision of West Palm Beach has aerial cable attached to Florida Power & Light pole line on north side of alley. Comcast does not wish to abandon. t,~, o. 't' ..J , \J If there is anything else I can help you with please call me at 659-6359. Sincerely; ~cj Dominique Aumais Construction Coordinator DA/eg ~. ~~. . "';"~F~'~-' ....- '.. ..,f~ Comcast Cablevision 01 West Palm Beach, Inc. 1421 Oglethorpe Road West Palm Beach, Florida 33405 (305) 659-6359 fJ/ &)V. ~;r ~,}t ~. ~~-V-7' L.cr-' . , 1/' tv ~ COIVICAST 9ct?ber 7, 1988 Mr. Thomas A. Clark, P.E. City Engineer P.O. Box 310 Boy ton Beach, FL 33435-0310 Re: Alley Abandonment - NW corner of NE ist Street and Boy ton Beach Blvd. (Kentucky'Fried Chicken) Dear Sir:' This is to advise that Comcast Cablevision has cable facilit~es located in the subject right-of-way and is opposed to an abandonment, but would be amendable if an easement is granted that would cover the location of our facilities. Yours truly, ( '. ~ Domonique Aumais, Construction Coordinater DA: rlh CC: File rL wc'\\~ ,..:\ \ 'l. <:~1.. ~'v . \)v ~\~G \,\J.~ . cI1lQP MEMORANDUM TO: Mr. Carmen Annunziato Planning Director DATE: August 24, 1988 FROM: Betty S. Boroni City Clerk RE: Kentucky Fried Chicken Abandonment Application Attached please find a copy of a memo from John Guidry giving comments on the referenced abandonment application scheduled to be heard by the Planning & Zoning Board on September 13. Be~7;!~ BSB/smk Attachment c...:.. 'RECEIVED AUG ?!; l~B'< PLANiw ...~ [;_1- f. vW i I ... .# MEMORANDUM Date: Sue Kruse, Deputy City Clerk Q ~. John A. Guidry, Director of Utilitie~ . August 12, 1988 To: From: Subject: Alley abandonment north of proposed site for Kentucky Fried Chicken ~ The 1411 wide alley contains a 611 water main and also an 8" gravity sewer. These mains service the subject site, plus all properties immediately to the north and west of the site. The mains must remain in operation, as there is no other way to service these properties: We have no objection to abandonment of the alley, provided a'suitably sized easement is dedicated. Judging from the preliminary site plans we have seen, the water main will have to be relocated to avoid a proposed wall. Existing water services will also have to be replaced if the main line is relocated. If the alley is abandoned, said abandonment must be conditioned upon the dedication of a new easement to accommodate the final configura- tion of all mains and services. Any relocation or replacement of existing piping must also be done at developer#sexpense. dmt bc: Peter Mazzella w(@ s MEMORANDUM .. August 13., 1988 TO: SUE KRUSE, DEPUTY CITY CLERK FROM: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR RE: KENTUCKY FRIED CHICKEN ABANDONMENT APPLICATION With respect to the above-referenced request, please be advised of the follow~n~: . , ". 1) . '. The implementation guidel~nes for the Boynton Beach.Boulevard Urban Design Plan encourage right-of-way abandonments that will encourage land assemblage and redevelopment. 2) The proposed Kentucky Fried Chicken restaurant does not meet the above criteria in that there is no land assemblage or redevelopment of existing land uses. ....... 3) Staff has indicated that this alley is currently utilized for the provision of public .' services and for rear service access to the existing commercial land uses which lie to the west. Based on the above, it may not be desirable to approve the abandonment of this alley. CA~;;-S. - ANN~IA~ CSA:ro cc Central File !:5(fJJ .< I' ..- .... _: .' APPLICATION TO ABANDON/VACATE BOYNTON BEACH PLANNING DEPARTMENT APPLICATION INFORMATION FORM NOTE: This form must be filled out completely and accurately and must accompany all applications submitted to the" Planning Department. (Three (3) copies of application are required.) PROJECT NAME: Kentucky Fried Chicken Restaurant AGENT'S NAME: Siteworks Architects and Planners, Inc. AGENT'S ADDRESS: 1301 N. Congress Avenue, Suite 320 Boynton Beach, FL 33426 AGENT'S PHONE: 407-737-9606 OWNER'S NAME: (or Trustee's) Juan Gavilan OWNER'S ADD:RESS: 2145 N.W. 14th Street Delray Beach, FL 33445 OWNER'S PHQNE: 407-243-0219 PROJECT LOCATION: Northwest Corner of N. E. 1 st Street and Boynton Beach (not legal description) Boulevard, Boynton Beach, Florida. CORRESPONDENCE ADDRESS: * Si teworks Architects and Planners, Inc. (if different than agent or owner) 1301 N. Congress Ave., Suite 320, Boynton Beach, FL 33426 * This is the address to which all agendas, letters and other materials will be forwarded. }7{3J ." APPLICATION TO ABANDON/VACATE 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): x ) ALLEY ) STREET ) SPECIAL PURPOSE EASEMENT ) OTHER NONFEE INTEREST OF THE CITY as described in attached Exhibit "A", and to renounce and dis- claim any right of the City and the public in and to any land in connection therewith. . Said application is to be filed with the Planning Department in triplicate and applications involving more than one of the above listed nonfee interests shall be filed separately. Each appli- cation so filed shall be complete in every respect. The undersigned hereby certify: 1. That a complete and accurate legal description! with the specific property interest sought to be vacated or abandoned, in- cluding where possible a plat map or drawing showing the general area and location involved, is set forth in Exhiqit "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): ) X ) ) DEED DEDICATION PRESCRIPTION Recorded in Shepard' funk Addition Book 2, Page 15 , and Public Records of Palm Beach County, Florida. 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 abandopment and vacation will prevent no other property owners from access to and from their property and no other property owners in the vicinity will be adversely effected. 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. NAME ADDRESS 1).Capt.Walter H. Lyman & Mildred M. 2) 'Gordon Crawley 136 N.E. 3rd Ave., Boynton Beach, fL 33435 313 N.E. 1st St., Boynton Beach, fL 33435 '. ,.,''; d: /ft~ (r /, . I'T:' II - 6. That the following grounds and reasons are submitted in support of this application: In order to provide a 7' landscape buffer and meet the requirements for the New Boynton Beach Boulevard Urban Design Plan for parkinq, we will need the additional land. We will still provide the same access throuqh our paved parkinq lot that the alley provided, while improving the road and creating a landscape buffer to the north. Cl .Cc: DATED: 7 /~5/8D , , APPLICANT(S) NAME (PLEASE SIGN) ADDRESS , 2145 N.W. 14th Street Delray Beach, FL 33445 313 N.E. 1st St.. Boynton Beach, FL 33435 136 N.E. 3rd Ave. Boynton Beach, FL 33435 3015 S. Ocean Blvd. Hiqhland Beach,FL 33431 t.. 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-Xbandon/ Vacate; that they have read the same and that the facts therein set forth are true and correct to the best of their knowledge. J1( Qlt.,~~:OU~~ NOTARY'PUBLIC, State of Florida \ M C E'. NOTARY PUDLIC. STATE OF FLORIDA Y onunission xP.J.res. :M)'.COMMISSION EXPIRES AUG. 20. l'gg04 '1IJ~.tlD"D THRU NQTARY PUBLIC UNDERWRITER", ~..,.-:-"- " ltECElVED SEP 26 1988 PLANN\NG OE~T. . -- .- 6-19-87 /7 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING on September 13, 1988 at 7:30 P.M. at Pineland Plaza, Commission Chambers, .211 S. Federal Highway, Boynton Beach, to consider an application to ABANDON an alley submitted by property owners Juan Gavilan, Gordon Crawley, Walter Lyman and Anthony Mannino, for a Kentucky Fried Chicken Restaurant on a parcel of land more particularly described as follows: That certain fourteen foot (14') alley lying North of, adjacent and abutting to Lots 21, 22, 23 & 24 inclusive in Block 1 of SHEPARD FUNK ADDITION as recorded in Plat Book 1, Page 15, Palm Beach County, Florida. A PUBLIC HEARING will be held by the City Commission of the City of Boynton Beach on the above request on September 20, 1988 at 7:00 P.M. at Pineland Plaza, Commission Chambers, or as soon thereafter as the agenda permits. All intereted parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning & Zoning Board or city Commission with respect to any matter con- sidered at these meetings will need a record of the pro- ceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BETTY S. BORONI CITY CLERK CITY OF BOYNTON BEACH pc PUBLISH: THE POST August 28 & September 4, 1988 cc: Mayor and City Commissioners City Attorney Recording Secretary City Manager's Secretary /8 t I ; ~ \,~ r 14' ALLEYWAY , ~"l Y ~ $I f :.t. . t ~. . /; '^'" . r) . -~ - -'jd.:' -'I. ~or' t1~ (p.~ ,. :g,A,' ~~"'.' ... . Lor 21 r I , I 11' I .... ...' '1 ~', ~ o ~ ~, ")' t ~rJ ~" ~ . I I I I I I lr "'AI' I' " i ~. ~~I ./ L021- 23 ;p'. ."JOr.. . .'" o;-:a.JI-t:VI' .....~I'n.. I' '. .' L~VT. ~.#./,." :t'"N~' ... .......... . '"'. '.."..e. ll~ . ,. . - ~. "\ .' . . . -'I ... ref' \:) 't ... .." . II '''. ~ '.' . I . . . . . ... .. .. ,..:.... ". ---- i 1 i \ Lor 22 ~ g~ 0/ I i \ \ \ , J ! i I Anellor. I Pol. .... :-' 5 ca7l: walk; / .'omn~ , 0\ 2 eqnt:. eurb 8 gUh"." ,'. 2~5'Plon~ Q" , ..1,1_ _ _ ~t/WLln#~PIOI8k._~t~~89~ _L_Ji;;'c't//lu\\J" _ \~ Soulh Ilne of LoIs 21-24 "7".r- ~ . ~ ~~ ~ '!lOO 90.5 Fi:I 4,~'" co-of ,n W..lk ....~..... --:-::'... ... ':;-::7JUW ." "cl ~.J.: 1 ; , ----i fit\ If.,f.l. rt' - I /y ';--:i:LQCATION'MJ(P.,' ' ;KENTUCKY;;FRIED'i~bhflcKEN .. .".,': , .,', '!~:' .......:...::;/;::::--::-. -;,:::.:: ~~~ .'~:::'~ :.:', .'... '..;.. :::~: ':. :.:. .'r;,. I., -:".,.':., . : ',c . . 1/8 1/4 0 ~ .1 '.\ .. ' UIII .. '" .' l . '0 ,.400.' 800 Grayarc · P.O: tlox 2'e'44 . Hartford. CT 06104.2944 CALL TOLL FREE: 1-800.243.5250 REPLY MESSAGE Fold At (.) To Fit Grayarc Window Envelope" EW10P REORDER ITEM" F269 '-.....' r -, FROM TO Mr. Carmen Annunziato Planning Director Sue Kruse Deputy City Clerk SUBJECT: Application for P & Z Meeting of 9/13/88 DATE: 8/9/88 ,"OLD. Attached please find a copy of an alley abandonment application submitted for Kentucky Fried Chicken Restaurant. Please review and advise of your recommendations for approval or disapproval in accordance with Sec. 22-40(a)(1) of the code. Thank you. PLEASE REPLY TO . SIGNEJ~ Sue Kruse REPLY RECEIVED AUG 10 1988 PLANNING DEPT~ \ .. .. DATE: SIGNED Item" F269 Grayarc. P.O. Box 2944. Hartford. CT 06104.2944 e Wheeler GrouP. Inc. 1982 THIS COpy FOR PERSON ADDRESSED