LEGAL APPROVAL
/'
\
\
~....)"""'.-----...
..
I,
I
I
, ,--- ../"--:'""-'
. ~
,
F~SOLUTION NO. ~~-~~
A RESOLUTIOH OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, VACATING
AHD ABANDONING A RIGHT-OF-'i'lAY CONCERNING
PROPERTY HERINAFTER DESCRIBED; RESERVING
AN EASEtlliNT FOR PUBLIC UTILITY PURPOSES
IN SAID PROPERTY; -AUTHORIZING THE t1AYOR
AND CITY CLERK TO EXECUTE A DISCLAIl1ER
FOR SAID RIGHT-OF-vlAY; PROVIDING AN
EFFECTIVE DATE; AND FOP-. OTHER PURPOSES.
r
HHEP..EAS, Hark Brinkman, as owner of certain proper~y
located within the City-of, Boynton Beach, Florida, has requested
the abandonment of the hereinafter described right-of-way; and
. TiHEPXAS, comments have'been solic~ted. from the
..
,.
"
appropriate City;departrnents; and
tffiEREAS, public hearings have been held before the
CLty.s Plannin~ and Zoning Board and City Council on the proposed
abandonment; and
t
I'"
~mEREAS, based on the foregoing information, said
!
, right-of-way no longer serves any useful purpose; and
.
,...
h~EREAS, it is necessary for the City to reserve an
i'
easement over, under, and across the subject parcel for public
utility purposes.
:.
NOW, THEREFORE, BE AND IT IS HEREBY.RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The City of Boynton Beach, Florida, by
.:
and ,through its City Council, does hereby vacate and abandon for
:! right-of-way purposes a piece of real property located in the
i:
, City of Boynton Beach, Florida, to-wit:
A part of that certain ,road right-of-way
beina 20 'feet in width (shown as 7 Str.
on the plat of Robert Addition to the Town
of Boynton, Boynton Beach, Florida, as
said plat is recorded in Plat Book 1,
Page 51, Public Records of Palm Beach
County, Florida), said part being bounded
on the East by the Nest line of Dlock 7
of said plat and bei~g bounded on the West
by the East right~of-way line of ~he Florida
East Coast Railroad and being bounded on the
North by the Westerly extension of the
North line of said Block 7 and being bounded
on the South by the North right-of-way line
of Northeast Second Avenue (S.R. 804) as
shown in Road Plat Book 3 at Page 188 of the
Public Records of Pal~ Beach County, Florida,
said N6rth right-of-way line being a line
40.0 feet North of, as ~easured at right
anales, and parallel wit~ the South line of
i
I
/
,,/'
'.
I,
, ."
- II
I ~
I:
I;
'I:
"
I
I:
I'
I:
I
I'
"
i,
Ii
Ii above referenced right-of-way is expressly subject to the'
Ii
1; reservation of an easement over, under and across the subJect~
I,
,said Block 7, containing 5,857 square feet
or"O.l34 acres~:more 6r less.
Located parallel to the F.E.C. Railroad
tracks on the East side, running North
from Boynton Beach Boulevard to N.E.
3rd Avenue.
nr
,/
I
I,
!
Section 2:
This vacation and abandonment of the
I
I
. I
I
i
,
I: parcel for public utility purposes~
.
I;
1:
j!
Uauthorized and
II Disclaimer' and
II '
I of 'palm Beach County, Florida.
I section 4:
11 upon passage. '.
PASS~D and ADOPTED this~~
"
119S.i:.
I -
I
I -
I
I
I
.
Ii
I
I
I
i
I
I
!
!
Section 3:
The Mayor and City Cle~k are hereby
\..
I
I
i
i
I
I
I
I
immediate y
directed'-to.execute and deliver the attached
cause the same to be filed in the Public Records
..
This Reso~ution shall take effect
day
Of~1
,
CITY OF BOYNTON BEACH,
iff' ~tkk.
~ OR '
FLORIDA.
VICE l-1AYOR
...
I
,
I
I
I
I
I
, I
I
!
I
I
I
I
I
1 I
I !
i
.'
I: ATTEST:
,
,
;
ctf~~
I
"
" tf
..... ..n
./ I ;". II
:': II
i :, ~" ' I
" I
, "'11
" I
", I
:1
I,
,/
I;
,
l.
i
I;
I;
"
I
.
.
, (Seal)
~
f
I
~/
~ !
, I
j
d
i:
!:Boynton Beach, Florida,' a municipal corporation under the laws of
ii, !
lithe State of Florida, does hereby abandon and disclaim for right- I
i. . !
l!of-way purposes the following described property, situate and !
ii I '
1110cated in Palm Beach County, 'Florida, to-wit: 'i
Ii r !
p i
-:
: ~
. .'
. .J .
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City of
II
,!
!i
"
.!
I:
I
I
;
!
A part of that certain road right-of-way
being 20 feet in width (shown as 7 Str.
on the plat of Robert Addition to the Town
of Boynton, Boynton Beach, Florida, as
said plat is recorded in Plat~Book 1,
Page '51 ;-'Pub1ic Records of Palm Beach
County, Florida), said part being bounded
on the East by the West line of Block 7
of said. plat and being bounded on the West
by the East right~of-way line of the Florida
East Coast Railroad and bein~ bounded on the
'Nprth by the Westerly, extension of the
North line of said Block 7 and being bounded
:oh the South by the North right-of-way
line of Northeast Second Avenue (S.R. 804)
as shown in Road Plat Book 3 at Page 188
;of the Public Records of Palm Beach County,
Florida, said North right-of-way line
being a line 40.0 feet North of, as measured
at right angles, and parallel with the
South line of said Block 7, containing
5,857 square feet or 0.134 ac~es, more
or less. '
Located parallel to the F.E.C. Railroad
tracks on the East side, running North
from Boynton Beach Boulevard to N.E. 3rd
Avenue.
SUBJEC~'TO AN EASEMENT RESERVED BY THE
CITY OF BOYNTON BEACH, FLORIDA, OVER,
UNDER, AND ACROSS THE ABOVE DESCRIBED
PARCEL FOR PUBLIC UTILITY PURPOSES.
I ", IN WITNESS WHEREOF, the duly authorized officers of'
I the City of Boynton Beach have hereunto set their hands and
affixed the Seal of ,the City thisc2.d day of ~cu IV '
--
1198~.
I
r
I.
Ii
i .
I ATTEST: ,
!7f~~.
J CITY C
I
$i tZ~
(Seal)
(1)
1
- ---. --. --
.~I- -
I
I
I
j
.
I
I
I
I
I
I
I
!
_
i
I
I
, I
I
I
I
I
I
f , -
lI'
'I
~ ,
~ :
;i
. - t " .. - l ~
. ~ "
. ,
,
, ' THE STATE. OF FLORIDA ),
COUNTY OF PALM BEACH )
Florida, to me known to be the persons described'in and who
r
I
I .
I
I
.1
r.
i
I
I
I
I
I
i
i
!
j
I
, I
:, appeared
BEFORE ME, the undersigned authority, personally
Nick Cassandra and Betty S. Boroni
::Mayor and City Clerk respectiv~ly, of the City of Boynton ,Beach,
i'
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
.'
i
I
!
l;th~ official, Seal of said ,corporation; and that said instrument
i:
l!is the ac~ and deed of ~aid corpo~ation.
I;
I;
1 ~
Ii
!andCounty this, .2nd
I
i
j
Ii
II
jl
.1
.'
p .
d
\,
WITNESS MY HAND and official seal.in the said State
day of
July
, 1982-
"
!;
I!
, ~
I, .
il
,
.;
;'
: ~
i:
Ii
I
!'
t.
;.
,.
~ ;
. pl .r-J.../ ~ " ',,'
~~.T1I>//.nvLY'I!1 ".'"
NOT~Y PUBLIC, ,...' ",...,"',. ...,.,
State of Florida at"L~rge! .'" ....
-' ':' '.' \
. .
.
(
, l
My CornrnissionExpi~ek: I
. \.
:.1,,1"~1 htiil'. Sut~ oi H:::h '
.I II 'I
. rt., l::.i:.~.";".:;ll~t". (,~p~r;:s jan. :.. 1: ~'1
1t~"1.' ~......".,.r'" ..... \ CA.",.., ~f'I)'
"
. : ' .:'
t:' 0"
j of' .....
. " ,"
1\
I,
i ~
I'
II
I:
II
I,
I.
II
Ii
.'
i:
,I
I:
i ~
'.
J,
;1
'j
(2) ,
I
I
I
I
'I
6'
/
/
/
/
MEMO
/J~.'~~,
A ~ ~. .'". ""..'.
~
/
TO: Peter Cheney, City Manager
FROM: William P. Doney, Esquire
DATE: June 27, 1985
RE: Resolution & Disclaimer -- Bud's Chicken Abandonment
Community Appearance Board - alternate members
Enclosed herewith please find the original of a
proposed Resolution & Disclaimer concerning the abandonment
of the Bud's Chicken right-of-way.
Also enclosed is a proposed Ordinance concerning
the reduction in the number of alternate members of the
Community Appearance Board from three (3) to two (2).
the
same,
If you have any questions or comments concerning
please do not hesitate to contact me.
WILLIAM P. DONEY, Esquire ,
WPD/sjw
enc.
cc: Carmen Annunziato
JAl'lES ,C VANGI~. P.A.
&
~.
''::
~
. .s
. ,
: :
P"'::: ~
o
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 Dept.
PROJECT NAME:
BUD'S CHICKEN
AGENT'S NAME:
:..' ',:~1ark. Brinkman (for Michael Brinkman) ,
ADDRESS:
507 N. Fed. Hwy.
Boynton Beach, FL 33435
PHONE:
(305) 588-8597
OWNER'S NAME:
(or trustee's) .
ADDRESS:
B-4 fA Fla. Partn~r~hjp)
c/o BUD'S TAKE OUT} INC.
507 N. Fed. Hwy.
Boynton Beach, FL 33435
..
PHONE
(305)588-8597
PROJfCT LOCATION: Parallel-to FEC railroad tracks on east side
(not/:legal description) running north from Boynton Beach Blvd.
to N.E. 3rd
CORRESPONDENCE ADDRESS:* same
(if different than
agent or owner)
* This is'the address to which all agendas, letters and other
materials will be forwarded.
.~
1
..-"-
~.
~
6-29-78
. .s
: .
','
'..
APPLICATION TO ABANDON/VACATE
The undersigned, pursuant to Ordinance No. 76-27' of the
City of Boynton Beach, Florida, hereby applies to the City Council
to vacate, abandon, and discontinue the,
(check one)':
( ) ALLEY
. (XX ) STREET
( ), SPECIAL PURPOSE EASEMENT
( ) OTHER NONFEE INTEREST OF THE CITY
as described in attached Exhibit "A", and to renounce
and disclaim any right of the City and the public in and to any
land in connection therewith.
Said application is to be filed with the City Clerk in
triplicate and applications involving more than one of the above
listed nonfee inte~~sts shall be filed separately. Each application
so file~ 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, includi~g 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) :
( ) DEED
(XX ) DEDICATION
( ) PRESCRIPTION
Recorded in ~l~r book (Roberts Add.) Book 1
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 abandonment 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
adver~ely effected.
Page ,51
4. That the above described property interest is under the control
and jurisdiction of the City Council 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 pur~oses.
.
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
F.E.C. Railroad
Jacksonville, FL
.
.~
....
~
......f
~
.. ,
, ,
, .
. ..
~
.
6. That the following
of this application:
.
grounds and reasons are submitted in. support
'1"'1-'; c: :=!h;:mr'l"'l"lmpnt- rPr:IllPc:t- i os C'onr,;j c;tent '\7i th t:hQ objp~t:; VP~ "of t-hp
Boynton Beach C.R.A. Plan (F15) to do away with substandard or unim-
proved streets in the downtown area. This will also allow a more
flexible site design as it relates to ingress and egress from this
site.
DATED:
5/15/85
APPLICANT(S) NAME (PLEASE SIGN)
/!j1"WJ--
ADDRESS
-
1)07 N 'Ppt'! Hwy
(Mark Brinkman)
'Roynt:on 'Rp;:H:;h1 FT. ~~4~5
. ..
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
~/ig the applicant(s) in the foregoing Application to Abandon!
Vacate; that they have read the same and,that the facts therein' ....,
set forth ar~ true and correct to the best of their knowledge .., >~'-:"'"" I
c,: ,2 :>. ,,_~'2' '
~. ,- '>........ -'
'0 ~ :::~i. > .' '-.,
~~ .,~,.:
~IC, State~~f FI rid~
"
My Commission Expires:
. NOTA~Y PUGue f,Tf.TE or FlORlOA .
r'IY COMMIS~tON D:?IRES OCTC8ER 23, IS8a
~
.-
. .'
i
....
~
/~
\_'
---------
O'BRIEN, SUITER & O'BRIEN, INC.
Land Surveyors
Civil Engineers 2601 N. fEDERAL HIGHWAY
Land. Planners DElRAY BEACH, f'lORIDA 33444
DElRAY 276.4501
BOYNTON 732.3279
May l5, 1985
DESCRIPTION
A part of that certain road right-of-way being 20 feet
in width and shown as 7 Str. on the plat of Robert Addition
to the Town of Boynton, Boynton Beach, Florida, as said plat
is recorded in Plat Book 1 at page 51 of the Public Records
of Palm Beach County, Florida, said part being bounded on
the East by the West line of Block 7 of said plat and being
bounded on the West by the East right-of-way line of the Flo-
rida East Coast Railroad and being bounded on the North by
the Westerly extension of the North line of said Block 7
and being bounded on the South by the North right-of-way
line of Northeast Second Avenue (S.R. 804) as shown in Road
Plat Book ,3 at page 188 of the Public Records of Palm Beach
County, Florida, said North right-of-way line being a line
40.0 feet North of, as measured at right angles, and parallel
with the South line of said Block 7.
Containing 5,857 square feet or 0.134 Acres, more or
less.
Order No. 81-323
(0
,. 'I....
~ I (
,.
, ,
: :
.'
~"
Two of the three major projects proposed encompass specialty
retail/entertainment uses. The reason for this emphasis Is to
provide an increased retail trade attrBcted by a waterfront
amenity, which is important for a strong diversified downtown
economic base. It is also important in sustaining the downtown as
a pedestrian-oriented district with activity throughout the day
and evening (assisted by entertainment uses).
The creation of new specialty. retail and restaurant opportunities
shpuld spark Interes~ ~nd Investment In the downtown as a shopping
area and help promote tourist trade. The eRA should actively
pursue ~he development of such uses.
Project Phasin~
The phasing for the project(s) cannot be formulated at this time
since a' number of factors will affect the project(s}. such aSI
1) The ability to attract investors for a major redevelop-
ment project.
2) Timing of land assembly.
3) Capacity for funding, especially tax increment financing.
~) The completion of the Boynton Beach Boulevard Bridge.
S) Business cycle~
t-rRCliL'A T loF'
Since ~uch of the circulation system is interrelated with other
aspects of downtown redevelopment, only major circulation pat-
terns within the downtown will be discussed here. Other elements
of the system are discussed in the Pedestrian Streetscape
Program.
Exhibit F-5 illustrates primary and secondary right-of-ways and
those .right-of-ways proposed to be added or removed from the
circulation system. A major premise of this,plan is that the
proposed Boynton Beach Blvd. Bridge over the intracoastal will be
implemented. ,Only one other R.O.W. is proposed'to be added
(north-south between the First Financial Center and the proposed
mixed-use/hotel site). This additional link will complete an
important loop necess~ry to service future traffic associated
with development of the Marina. Locating this new link as close
as possible to the First Financial Center wil'l permit the
g rea t e s.t,.deve 10 pme"n"t"'o'PfioYt un i ,t-I es-~as s oc i ,a t ed...,w i t h;t he--H ad na '.-:-:'_,..,~
_,to."""'. . '. ~l'
'~l-"" , "'liI'
~ ' 'I..
~.O.W.'s shown as removed illustrate those opportunities,available \
fO abandon R.O.W.'s in order to consolidate parcels for the needs .l
9f larger developments. Four .of these removed R.O.W.'s are I:
~u~gested for traffic safety assoclate~ with rail~oad crossings i
and Include ~ortlons of S'.E. ~th Street and three ,R.O.~.'s running )f
parallel to the F.E.C. Railroad. (Including' where Railroad Avenue !
iritersects Boynton Beach Blvd.). Abandonment of these R.O.W. 's t
should only be approved. for projects,substanti,al',y meeting the l
objectives of this Redevelopment Pl~n. .J
\r, _~.........,.-~~",;.._..--.....-,.,..... "t.-,~...=, ""ft"'~"': ",";,,"'11< .N.......,.._.."'...,"'~~_._..,"''''t ..~7-". .....,....._...~--t ....._.... .."1..\.....~,..,.
4" ,.,,,'. '".~-"-.;.. ,"..~' ..., ,.----'.- .,"
. ,I
. .
l I
. .
I
lJ
\~
R2
~"'''''''''''''':J''''''''''''''''
A 1 A \~
~, \:..,.....,....
.'.., Ii; ,
..., .---;;--.i1'~......;;'--.~
~r~-R~- uC=
~....., ...................
l
[
C_
,---
..~
"
r
b.I~:i::.:L
U,ZSl.II'I!III..... .' 0..._.... -
: I
R3
Key
I
!
j
_ Prim.,. 1I0W
_ '.'01'461_ ROW
c__7~".~";'.d~iOW21
. .... P,opo,.d ROW IC"C\l~UOft
El(hibit F-5
VEHICULAR CIRCULATION
\
, :\--\5
',' ~ ~
..,.~~"-....~1~~:
,t~:;:~~l
\ .
\//
"
)
~
,
~
" -------
\}
~.:
~
~
~
~.
~.
~(
~
, eaet1;~,,€- ~,~c:g,,:!t/c:
.?~ 't/.~ j
{ / /_.'~"*,~~v,.
. ".. h~~''''''.?
/" -~...
'-::,.
~
!
.
,
! ....../
~..:.
4~d'a~y ~.('I'Gf/>"A",. ..'~ ~~
... .V,::.l'7r-/ V4'E' ,~.. S.(~c:.""'K:'"
I
I _ '?t:J.et7'
:-P' " /
-- "" ,'-........"""'.".:......
'L~,.f?.,.,..~d '
~....._. ~1--_..--:-=:
... ............. ".~,*~".,..,.".r---_
,\
'\
, r,
, ,OJ
,;
~
\
\,
,'; \
~~ ~
.
N
~
. i
,.
'.
''l..
.; .
:.
:)
~
~
, I "{
I / . 6/~Y/,V6 "
--:-E;/.C' O~I/C --;-I_~--::;-
/Y.,_ ~ nve. '''4:'''.....
S-$tJ-f
"' Rt' n.tr 8/ JI,Pd /t'"
.
, I)
t<\
~-
~'~
\\\
7
~
r.
~ , ~
" '" %
~ '" 0
~ :i
~ 0 u~ 2
z-
\~ -'"
,0
~': zz
, ....<<
~"l . ~7
~~ ~ oS
~~ ~ 06'" ~
~ z: ~
~~ or:15
,~ ,.... z
~~ ~ .......
. 51 ~
'''J ~ \I'l '" -,:
'\l~ ~ , z'o
~~ i( ~~ 0
~ 0::>
~~ ~ aJ'"
- :>
~~ ~ 0"'... 1:\
~~ ~ '" atE ~
., z....
~ 0('.
\"\~ -.-
~ ,- ,~ j
~ " .:
~ ~ ~! .
\t ., "
.
, -
tg~~ [~>- ~~~~
.a._.:-~ c: -...: <: ., c '"
-... 0 ~ .:,,, ,.... >.~ ? - ...
-..,u ..:.l":'= .., ~-.
'.. 0"1_ 0'" ........Ii:) C ..
N'" '"!Q; Q" too () 1_ e lIlII
<_ .,.:....~c~ '"
~ CJl::llIQ:-cce':!"=
C.J .._ ::1 = I ):.;:.. ;: .0
~ ]~:~E~~~~~~;j.
.~ 0 .., ~ ':'" ::;..- .., .- "
~. ~~~t~~~~~~:~~~
~"'" 100": ::I...., _..: ...... c
. 0 O"'~':;)-:C"'-O-II:
lIoI _ . I CI' 100.,. U
0.... c.......... .... -: .:; 0 I:) :. ;....,
'l1li O"'_OC,cZa:l,.lC'&:
.... .,_ ~ ., 0 I :J_ ): 0"
~c..~~ c.,...~.s- ~ci;:~ -;: .
~ ~~:~~~z~=.,~~?~~
.. = "" CI (.) .. C ... :>.- ~ ., .. M
...,. 4 I'l 0 _ '.)..:1 ;...t: u
IlJ c: =.. _.., D Z Co! "..., 0
oc~ ...:'.,,:J .c~o....:>>-
,,- ... .~~~"'~T.:~~;~...~m
,": =~;oo4~OIl~...~~_=::z
~ ~~~~~~5~c~~O~::
~,...cg.:::,...~c=f:~....
u_alto ~ .a...o :;_"'l:J"'O
l1li.... >0'" -_ ell
6<J c~"",,_1II0'1I"._4.1
CC>-"C;'''''C: e'\......c:
s::.); 1')_ =,3: ilia:. ,,~.,.. 0-
..o~a..o :I: ......a.
~ UCI ...-:l1li ..~
.....c ;:.".c:.......,.....c:
o O-.c....G.., ::;I.c 10..........
....~C't1~>o...~=.s::-:;~g
wlIII;Ja...ae: ... 0 _ ':It
.., O't1 a:l 0'" ill ,,",Z.J1t r.......
c...c........ ....c;: 0 ..lit
.... OG.~..--O .....c:
-< ~ II () _ '" .. w . . 0 ~ ,...... .,
-~41lOW~:lJ:l ~
3......"" c:. .....CO~
~~.:"O~.8~~~=~~~~
..
.,
E
a
.
'J
<
:::
.;
..
o
.,
.
.
.
~
a
..
..
~
.;
'"
c
:5
::
c
.,
v
~
~
~
~
\i
'1\
'~
"-)
:
.
..,,, I... '''~ .....- ..I"'''''..~',. ,.' ..,
/3
....:r.:":;
~~'"";:...:
~,~ OJIj' ~O' tfrBE~'I--~ .
I . ' ,,; "
. . .,', _' : . I. 1 .-" ,,:":, , .: :.~.." , ~: .:, I 1..
. . ;. .~.... . . . , . ~." -:. .
L..O C I\,T"I ON:~:":M A,P",
~
. ..-;::r....:;-r::- ....:~---:-,---i- .--;..'
, 'I.
I' .~., .~. , ..
, .. ~ " 1
~ ~.~..~ ~~' ,~~ .~" ~ ~: ~ ..
. ::":.::'
-"
, .
~ .' .
..".1. "
.-.." ...:.~
~t;'~;>y '~::'~:"
.;. : ; f'" .. . '.
.~f~'.: I ", t:;~,'~~ :
.... ,. .
:'i [~L."~; "-
~~~~;., - ,,'.
:U: ,'-'.,..~.'
",.,' OJ ...
.:.,
"..:- ~ .
: :;~: ~., ~ '
....;....
.'/'..
,,:!:,';!:
.......-...
I,
"',
NOTICE OF PUBLIC HEARING
;""..r:
.
NOTICE IS HEREBY GIVEN that the Planning' & Zoning Board of the CITY OF
BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING on Tuesday,'
June 11, 1985, at 7:30 P. M. to consider an application to ABANDON'
a road right-Of-way submitted by Mr. Mark Brinkman, Agent for B-4
(A Florida Partnership); for a parcel of land more particUlarly
described as follows:
A part of that certain road right-Of-way being 20 feet in
width (shown as 7 Str. on the plat of Robert Addition to the
Town of Boynton, Boynton Beach, Florida, as said plat is
recorded in Plat Book 1, Page 51, Public Records of Palm
Beach County, Florida), said part being bounded on the East
by the West line of Block 7 of said plat and being bounded on
the West by the East right-of-way line of the Florida East
Coast .Railroad and being bounded on the North by the Westerly
extension of the North line of said Block ,7 and being bounded
on the South by the North right-of-way line of Northeast Second
Avenue (S. R. 804) as shown in Road Plat Book 3 at Page 188 of
the Public Records of Palm Beach County, Florida, said North
right-Of-way line being a line 40.0 feet North of, as measured
at right angles, and parallel with ~he South line of said Block
7. Containing 5,857 square feet or 0.134 acres, more or less.
Located parallel to the F.E.C. Railroad tracks on the east
side, running north from Boynton Beach Boulevard to N. E. 3rd
Avenue.
ALSO
A PUBLIC HEARING will be held by 'the City Council of the City of
Boynton Beach on the above request on Tuesday, June 18, 1985, at
, 8:00 P. M. or as soon thereafter as the agenda permits. '
All interested 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 Council with
respect to any matter considered at these meetings will need a record
of the proceedings 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
sk
PUBLISH: THE" POST EXTRA
May 26 & June 2, 1985
\
'/
/'5
.TO:
Mr. Carmen Annunziato
Planning Director
DATE:
R-E~"El'l bV - _.1
JUH "':1 ~ 1.989.8d:i
r'.a...f~~~I~WT~
PU\\" , ....
June l~~-~~'
MEMORANDUM
.'
FROM: Sue Kruse
Deputy City Clerk
RE:
Brinkman~Abandonment
Application
Attached please find the fOllowing responses in reference
to subject abandonment application to be heard by the
Planning & Zoning,~oard at their June 11 meeting received
by ~his offi~e ~ince forwarding our memo of June 4:
Memorandum dated June 5, 1985~ from Tom Clark
with copies of letters from Florida Public
Utilities Company,' Group.W Cable,'Southern ~ell,
ana Florida Power & Light Co.
Response from Planning,Department.
, '
A legal opini~n was not received from.the City Attorney's
office in response to our memo of June 4,"so'I telephoned
today and was advised by Mr. Doney that the entire street
being'abandoned would, go to Mr. Brinkman. This area is
part of the plat and would go to 'the abutting property'
owner, .as the ,railroad was just granted a'right-of-way
.bordering the plat.
~.~-L/
Sue Kruse
sInk ~.
Attachments "
cc: City Manager
r
/&
Mr. W. R. Durham
Engineering Manager
Boca Raton District
5140 Congress Avenue
Boca' 'Raton, Florida 33431
--0
June .1.4, 1985
RECEIVED
'"
JUN 18 1985
'PLANN\NG Qt.rT.
"
Mr. Thomas A. Clark, P~E.
City :Engineer
,120 N.' E.' 2nd Avenue
P. O.BOx3l0
Boynton Beach, Florida 33435-0310,
'-
-
BE: Abandonment Request, AlleY,East Of F.E.C.R.R.
,North Of S.R. 804 arid South Of N. E. 3rd Avenue
Dear Mr. Clark:
~u,d>JJ-.V
@;~~~
Southern Bell
..-
Southern Bell hereby rescindS its objection to abandonment of the
easement referenced above.
Any questions should be directed to D. C. Redlich, engineer at 997-0127.
Sincerely,
,.
~~~r
OCR/ns,
A BELLSOUTH Company
,
/7
BOX :;>':09, DEL,;:,., REACH. F"LA 3344"
( ,~ . [-:~~' '~~~.
. f(lfl U.,d ~'::;:~H-_"I :~J :i,
: fJl/ : (' tV.';;l F~~DA PO,o.ER & :..IGH~ COM"ANY
../J" q, :0- /.X7/."~, ( , June 7, 1985
1/ p"'~>O\ \
~r'...J ~..c1 ,'\
If ' .QP"'1
--
Mr. Thomas A~ Clark, 'P.E.
City Engineer
City of Boynton Beach
P.O. Box 310 '
Boynton-Beach, Florida. 33435-03io:
'Re: Abandonment Request - Alley East' of,F.E.C. Railroad
North of SR #804 'and South of N.E. 3rd Avenue
Dear Mr.,.' Clark:'
Florida Power and Light Company has no objection to the above
subject alley abandonment.
'However, we do request that an easement be grantea to cover an
existing guy wire and anchor as shown on the attached survey.
If you have any questions please feel free to call me.
Sincerely, ,
I .(IC2R-eol-
Fred .Adolphson / ,
'Power Ser~ices Representative
/"
Attachment
FA/de .:
PEO"L: . . ,SERVING PEOPLE $
H. T. Jackson
District Manager
EngineeringfAssignment
. '
June 6, .1985
Mr. Thomas A., Clark, P.E.
City Engineer,
120 N.E. 2nd Avenue
P.O. Box 310'
Boynton Beach, FL ,33435~0310
RE: Abandonment'Request, Alley East of F:E.C.R.R.
North.of S.R. 804 and South of N.E. .3rd Aven~e
Dear Mr. Clark:
,@~1. '
~-....
Southern Bell
5140 Congress Avenue
Boca Raton, Aorida 33431
~hOne(305)997~100
Southern Bell is opposed to the abando::~ent of the easement referenced
above due to the existence of two buried cables running parallel to
the west line of Block 7 within the easement.
If an easement arrangement can be worked out for these existing and
future cables, Southern Bell 'would rescind its opposition to this
abandonment:.
Sincerely,
"
f' Any questions should be directed to D.C. Redlich, Engineer at 997-0127.
,.
d" e?n~
istrict ',Manager '
ngineering/Assignment
DCR/bc
A BELLSOJTH Company
l\.
~
MEMORANDUM
June 5, 1985
TO:
Betty Boroni
Carmen Annunziato
~~
FROM: Torn Clark
Re: Abandonment of 20 ft. service street north of
Boynton Be~ch Blvd. and adjacent to and east
of the F~E.C~ Railroad
Forwarded herewith are copies of ~etters received from
utility companies in regard to the subject abandonment
request.- -All the ,utility companies were, notified. '
" .
, .
1." Group ~1 Cable letter dated May 28, 1985
2. Florida Public, Utilities, dated May 22, 1985
In my opinion the abandonment would be in th~ best interest
of the public and approval of the abandonment request is
recommended.
-,
'--~~
/It
=~~
Torn Clark
TAC:rnb
Attach.
J'
.-
,
~
9-0
P9-
MEMORANDDM
TO:
· DATE: "June 4, 1985"
Mr. James W. Vance
City Attorney ,
FROM: Betty S. Boroni
City Clerk
.
-~
Brinkman Abandonment
RE:
'.
AttaChed please find a'copy,of the Abandonment Application
submitted b~'Mark Brinkman, scheduled for a public hearing
before-the,~lanning & ~oning Board on June 11.
Accoraing to Section 22-40 of the'Ci'ty Code, the F.E.C.
Railroad was ~otified'with being the only 'bounding and
abutting proper~y owner. Their response is t~eir letter
dat~d May 31 attached.. Please forwa~d a legal opinion
regara~g their claim to the right-of-way.
Betty S. Boroni
BSB/smk
Attachments
cc: 'City,Manager
r
. -.
/
.
1
~t
,~
,,-:---
ci;E'~
'.1.
"
FLORIDA EAST COAST RAILWAY COMPANY
p, 0, DRAWER 1048, ONE MALAGA STREEt. ST, AUGUSTINE, FLORIDA 32084
May 31, 1985'
Fil e:. 312-0,'
'. .
I
. :
"-
Ms. Betty ;S. Borohi
Ci ty' Cl erk'
City of Boynton Beach
120-NE Second Avenue
. Boynton Beach,: Flori da 3343.5
Dear-Ms. Boroni:
, .
This has reference to recent Notice of Public Hearings, copy
attached, concerning application to ab~ndon a road r~ght of
way submitted by Mr. Mark Brinkman, Agent for B-4 ( a Florida
Partnership). '
Since the proposed abandonment is adjacent to our 'right of
way would presume that a petition must be signed by the
abutting owners and should the petition be approved, the '
Railway would receive one-nalf of the abandoned right of way.
Would appreciate your advice in this matter prior to the
scheduled meeting.
Sincerely yours,
@(./ ~
M. O. Bagley
Manager, Industrial Development
and Real Estate
. MOB/tr
cc: rk. R. J. Barreto - Copy of Notice of Public Hearings attached.
)
,-
.' .'~"" .-..
... -. ..
...... .r"
... _ u. _. ,... .... __ _.__
, . .
GROUP
W
GABLE
1421 oa~ORPE ROAD . WEST PAL'" BEACH. f1. S3-606 (305) e5~
Group W Cable. Inc, A Subaldlary 01
WESTINGHOUSEYJBRO"'DC"'ST)IN~ND C"'~BT INC'~,
~Vr ~
\~ . '" (/
~ ;1 ~fo f'
~ ~.~ ~~
c:>-"rV I
{"
May 28, 1985
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33435-0310
Attn: Thomas A. Clark
Re: Abandonment request, alley east of F.E.C. R.R.
north of S.R. 804 and south of N.E. 3rd Avenue
Dear Mr. Clark:
Group W Cable, Inc. has surveyed the above mentioned area, at this time
we do not maintain any facilities in the project area. We do not foresee
a project in the near future for this area.
If you should have any questions or require additional information please
feel free to contact our Engineering Department at 659-6359 ext. 409 or
410.
~~
Barbara~n
Construction Assistant
Group W Televlalon: KOKA-TV. Pllttburgh . KPIX (TV). San Franeiaco . KYW-TV, Phllad.lphla . WBZ.TV. Boalon. WJZ-TV. 8.tIUmor1l . WPCQ-TV. ChatlOlta
Group W Radio: KOKA end WPNT. Plltaburgh. KFWB, Loa Angele. . KJQY. San Olego . KOAX. Oallal . KOOA, Houllon 0 KOSI. Denver 0 KYW. Philadelphia
WBZ. BOllon . WINO. ChlCltllo . WINS. New York' WOWO. Fort Wayne
Group W Cable
Fllmatlon Anoel.lel . Group W ProdueUonl . Group W Salllllte CommunlctUon. . Group W Televlllon Salel
Home The.ler Network . MUZik . R.dlo Advert/ling Repr1lMnllU".. 0 TVSC
22-
PUBLIC
. 4~
FL(Jl~IDA
~~,l
UTILITn:f.p
._0"
~ -t'- "-
v--'\ ~
' /f ~ '
," , \
}} ~ ~J ., 1:
!' t.r-" IJ~" (! ~ ~\v
l{j. ~ll' ~ ~ ~ ~l
'r'" '\ ~ Y r
COM PAN Y \~. '.
"DOlltrSS IItI!.L"t to CDM.."" AT'
P.O., Drawer C
West Palm Beach, Florida 33402
May 22, 1985
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 May 20, 1985, we wish to advise that Florida Public
Utilities Company has no objection to the abandonment of the alley right-of-way
lying east of and adjacent to the east right-of-way line of the Florida East
Coast Railroad between State Road 804 and N. E. 3rd Avenue in Boynton Be~ch,
Flori_da.
At the present time, we have no underground gas distribution faciliti~s
located within the above described right-of-way.
Yours very truly,
/LL
B. R. Becker
Engineer
2-3
r
I
FROM
'MY 21 1985
TO
Mr. Carmen Annunziato
Planning Director
Sue KrtRlJ\NNING DEPT~, \'
Deputy City Clerk \
SUBJECT: Planning & Zoning Board Meetigg of 6/11/85
FOLD.
DATE:2Ll {L~5
Attached please find a street abandonment application
submitted by Mark Brinkman.
Please review and advise of your recommendation for approval
or disapproval in accordance with Section 22-40(a) (1) of the
code.
Thank you,
PLEASE REPLY TO
.
SIGNED
/~~
Sue Kruse
REPLY
The Plannirig Department has no objection to the abandonment of
this 20' service street, provided however, that the applicant
dedicate 20' of right-of-way for N.E. 4th Street.
/bks
cc: City Engineer
DATE: (;"
SIGNED
1-1
Item' F269 @ Wheeler Group Inc, 1979
THIS COPY FOR PERSON ADDRESSED
I,
r'.. ""t " -
I' ~. .' \
FROM
, .~~
.. ... - ,-- - -- .::;;.-- ---'- ..,. .:.. -'-'TO~- ",
~
-;: ,
.... ._-- ..- ~._- ....:.,":.-. .---.:-
Mr. Perry Cessna
Utilities Director
- ..t
~ue Kruse
, Deputy City Clerk
SUBJECT: Planning . & Zoiling Board Me~~=.nc:i'~ .Of 6/;1.1/85
1 .. .
FOLD T
DATE:
5/l7/8~. .
. \.......
Attached please find a 'str~et abandonment application
submitted by"Mark Brinkman.
..., "
. Please X'~view and advise of your recommendation for approval ::
or disapproval' in accordance with Section 22-40 (a) (1) of t:he-~-' ....'
cod '-, '\. " ,.
e. ' , '.. ," ~. '. - , . /" :'
. ,/ .
/ ~.
/
,#" '
,
/~',,,!:~, t
.....,....
,.
~
,
",
, .,
" .
._:.:,~~~'
':rhank you,.
\ . .
.. .. "~''''
t~.),
.....,:0' ..'
't' ,"
"'0"
\ SIG~E~L~ ~~
\~ ':~ ~fd~ ~. ~ . ...
I1-fJ.A ^. ~ '. - tt 14<1..'. . ./, --1./. ~
V'.~~O ~.... ,~',",' / ~ lM ~
. .~ f'" .I~;;~J. / .
t(j".~ ~ /. '
-:~. .: -/ 1
..::~. ../:R~:{l.~'
'.._~:,:ys~G~ED ~".' V ' . ' .
~
" ,
,." ':' Sue. Kruse
, RETURNTO
REPLY
.4
".
Item' F259 C> Wheeler Group Inc. t979
PERSON ADDRESSED RETURN THIS COPY TO SENDER
25
.....
MEMORANDUM '.
17 May 1985
-
TO:
Betty S. Boroni, City Clerk
FROM:
-..
Carmen S. Annunziatio, Planning Director
RE:
. '
Bud's Chicken Abandonment Application
~Attached you will find documents. as ,well as.a filing fee pertain~
ing to the referenced' request which was filed by Mark Brinkman.
Please advertise this request for a public hearing at the Planning
and Zoning Board meeting of June l~, 1985.
Thank you.
~tiAuJ. a~-/ '-
~ CARMEN S.A~UNZIATO~
'-.
/bks
Attachment~
..
2~