REVIEW COMMENTS
PLANNING DEPARTMENT MEMORANDUM NO. 91-019
TO:
Chairman and Members
Planning and Zoning Board
~ ~
Christopher cutro, A.I.C.P.
Planning Director
THRU:
FROM:
Tambri J. Heyden
Assistant city Planner
DATE:
January 22, 1991
SUBJECT:
Old Boynton Road - File No. 564
Abandonment of a portion of the right-of-way
with respect to the above request, please be advised that the
Planning Department recommends approval of the abandonment of
that portion of old Boynton Road as referenced within Planning
Area 7.a. of the Comprehensive Plan, Future Land Use Element
Support Documents. This recommendation is based on the
consistency of the proposed abandonment with the language for
area 7.a., which reads as follows:
7.a. Residential Parcels in Vicinity of Old Boynton Road and
Boynton Beach Boulevard. Between ConGress Avenue and
Interstate 95
Due to the increased traffic which will be drawn to the
Boynton Beach Mall, there will be pressure to rezone
the parcels in this area from residential to commercial
use. Other than minor adjustments to the existing
zoning district boundaries, commercial zoning should
not be allowed to extend westward along old Boynton
Road and Boynton Beach Boulevard. Extending commercial
zoning along these thoroughfares would cause serious
traffic congestion and degrade the residential
environment in the adjacent neighborhoods. In
particular, commercial zoning should not be permitted
on the residential lots and small parcels which lie
along old Boynton Road to the northwest of the Florida
Power and Light substation, and should not be permitted
on the 3.87 acre outparcel lying along the east side of
the Palm Beach Leisureville. One addition to the
commercial zoning district is desirable, however: It
is recommended that land use on the southern 300 feet
of the R-2 zoned property owned by Florida Power and
Light Co., at the northeast corner of Boynton Beach
Boulevard and old Boynton Road be changed to Local
Retail Commercial, and the zoning changed to C-2,
Neighborhood Commercial. The development of this
parcel should be contingent upon its being combined
with the vacated right-of-way for Old Boynton Road, and
the small triangular-shaped parcel at this
intersection, and the rezoning of the combined parcels
to a planned commercial development. The northern 330
feet of the FPL property should be changed from Medium
Density Residential land use and R-2 zoning to Low
Density Residential land use and R-1A zoning. This
land use/zoning change would prevent duplex dwellings
from being placed immediately next to a single-family
neighborhood. The vacant outparcel which lies along
the east side of Palm Beach Leisureville should be
limited to either single-family residential use, with a
maximum density comparable to the adjacent portion of
Leisureville, or to a low-intensity institutional use.
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xc: Sue Kruse, City clerk
MEMORANDUM
TO: Sue Kruse, City Clerk
FROM: Tambri J. Heyden, Assistant City Planner
DATE: December 11, 1990
SUBJECT: Old Boynton Road - Abandonment of Portion of
Right-of-Way - File No. 565
Accompanying this memorandum you will find two copies of the
application and related documents for the above-referenced
abandonment application. The $450 processing fee has been
forwarded to the Finance Department.
A legal advertisement for same has been prepared for February
1991 public hearings and will be forwarded to your office after
review by the City Attorney and City Manager.
J'~v,!.5tl)~w~N'
TAMBRI J. H EN Y
TJH:frb
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MEMORANDUM
TO: Sue Kruse, City Clerk
FROM: Tambri J. Heyden, Assistant City Planner
DATE: December 11, 1990
SUBJECT: Old Boynton Road - Abandonment of Portion of
Right-of-Way - File No. 565
Accompanying this memorandum you will find two copies of the
application and related documents for the above-referenced
abandonment application. The $450 processing fee has been
forwarded to the Finance Department.
A legal advertisement for same has been prepared for February
1991 public hearings and will be forwarded to your office after
review by the City Attorney and City Manager.
~~~y'1t,{,a;~
TAMBRI J. H EN ~
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STAFF COMMENTS
OLD BOYNTON ROAD
RIGHT-OF-WAY ABANDONMENT
PLANNING DEPARTMENT: See attached memorandum
UTILITIES DEPARTMENT: See attached memorandum
ENGINEERING DEPARTMENT: See attached memorandum
OTHER:
FLORIDA POWER & LIGHT See attached memorandum
COMCAST See attached memorandum
FLORIDA PUBLIC UTILITIES COMPANY See attached memorandum
SOUTHERN BELL See attached memorandum
MEMORANDUM
Utilities #90-735
FROM:
Sue Kruse
City Clerk
John A. Guidry ~~~
Director of Utilities ~
December 27, 1990
TO:
DATE:
SUBJECT:
Street Abandonment Request submitted by Raymond J.
poogay, Esq. (Old Boynton Road at SR 804)
We reviewed the site in question and there is an existing water
main running along the north right-of-way line of State Road 804
whi~h will be on private property after the abandonment.
Please inform the applicant's attorney that an utility easement
must be provided along the southernmost 10' of the proposed
parcel to address the problem.
If you have any questions,_please contact Mr. Mike Kazunas at
738-7460.
19b
Attachments
bc: Mike Kazunas
xc: Chris Cutro, Planning
Pete Mazzella
File
cc_: Sid71I!t,II~A!..--
, .GI'JULaiJ;,'
P,O, Bo. 2'44
HortlOfd, CT P61 (14 . 2944
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REPLY MESSAGE
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FROM
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TO
Vi~ce Finizio, Administrative
Co~dinator of Engineering
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SUBJECT: Planni_ng & Zoning Board-11~~~J,~g - February 12, 1991
"OLD .
DATE: Dee. 1~,_l9.~O__
Attached is a copy of a street abandonment application submitted by "Raymond
J. Posgay, Esq.
.,
Please review and advise of your recommendations for approval or disapproval
in accordance with Section 22-40(a) of the Code.
thank you.
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Attachment
PLEASE REPLY TO
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SIGNED
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DATE: 10 SIGNED
Item " F269 Grayarc, P,O, Bo. 2944, Hartford, CT 06104-2944
C Wheeler Group, Inc. 1982
THIS COPY FOR PERSON ADDRESSED
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ENGINEERING DEPARTMENT MEMORANDUM
January 10, 1991
TO: Christopher Cutro
Director of Planning
FROM: Vincent A. Finizio
Administrative Coordinator of Engineering
RE: STREET ABANDONMENT REQUEST SUBMITTED BY RAYMOND J. POSGAY, ESQUIRE
Please be advised that Old Boynton Road is a public rights-of-way owned by the
Board of Palm Beach County Commissioners. It is my understanding that prior to
granting an abandonment, the County compels the applicant to obtain an abandonment
for the County rights-of-way situated within the affected municipality, therefore
the applicant should be advised during the abandonment process that City approval
does not constitute an abandonment of a public rights-of-way which this City has
no jurisdictional enforcement capabilities.
All Utility Companys have responded to my December 17, 1990 request for information
relative to this street abandonment. Their return correspondence is included herein
for your review. It appears that Southern Bell has no objection to said abandonment,
Comcast Cablevision has no objection to the abandonment, however they state that
should they be required to relocate their existing facilities, the applicant shall be
responsible for the full cost of relocation, Florida Public Utilities Company has no
objection to said abandonment, Florida Power and Light has submitted to this office
an objection to this abandonment request and based upon the content of their
January 3, 1991 letter, it appears that costs associated with relocation (if approved
by Florida Power & Light) may be too expensive for the applicant to bear.
The Engineering Department, for the City of Boynton Beach, herein recommends denial
of the abandonment until such time as the applicant coordinates with Mr. Don Urgo,
Account Manager for Florida Power and Light, P.O. Box 2409, Delray Beach, Florida
33447-2409, Telephone #(407) 265-3187. Additionally, the applicant should obtain
an agreement with Comcast Cablevision that states if and when the abandonment is
approved by the County that any future work along that subject property requiring
relocation of existing Comcast facilities will be funded in full by the applicant.
Should you require any additional information, please contact me at Ext. 488.
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Vincent A. Finizio
VAF/ck
cc: J. Scott Miller, City Manager
Sue Kruse, City Clerk
attach: Comcast Cablevision, Southern Bell, Florda Power & Light & Florida Public
Utilities Company
,_ FEB-ffi-'91 FRI 16:04 ID:EASTER-l DIVISI~ t.PB TEL t--():407-t.84-7699 FA.X1.It'E **234 Pa2
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P. o. a.. tl17t, Wilt hili It. PlI341..1N
February 8, 19!n
Taml)r1 Heyc1en
City of Boynton Beach
P.o. Box 310
Boynton e.ach FL 33425-0310
Re: '.'R%OII IfO AIWIDOR
OLD BOIIft'Oa1 aaaD
1IO!.nrolI ....,.. aoaSU'l':lOB
Dear Tambri:
In response to the letter (copy attached) dated, January 3, 1991,
from Don A. Urgo, FPL Account Manager. It seems that Mr. Urqo did
not realize that rPL CO. was a co-petitioner in this process. His
concerns had been considered and should net be a f8ctor at this
time.
The abandonment of the road is qood for bo~h Mr. poagay.' client
and !'PL. Mr. Posq&y and FPL are aware that utility facilities
exist within the area to be abandoned road and may need to 9rant
the necessary utilit~ easements.
It is the desire of FPL that the prOCQS9 o~ abandonment continue to
completion. W. will furthar addr8.s the concern. relating exi.tinq
utilities as the need arises.
AS discussed on Friday, I will attend the m..ting on T~e8day night
in order to alleviate any problems that may arise. Should you have
any question., pl.ase feel tree to call me at (407)684-1210.
SiM{lY ycuro.
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a.~r...nt:.t1v.
~9ht-ot-Way and Land Department
I..tern D1viaion
COM/.t
RE.CEIVED
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PLANN~NG OEPT~ ,
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Box 2....... Oelr., Beech, Fl 33447-2409
I:
Mr. Vincent Finizio
city of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425-0310
....
January 3,1991
Re: STREET ABANDONMENT REQUEST SUBMITTED BY RAYMOND J. POSGAY, ESQ.
/
Debr vince,
This is in response to your letter of December 17, 1990. FPL has
substantial facilities in this area. We have an underground feeder
from the substation that runs along the northern edge of the road
and some overhead lines that dead end in this area. Due to the
location of these facilities FPL cannot agree with the abandonment
request. I have included a map of the facilities located in this
area for your reference.
Thank you for your time, should you have any questions please call
me at (407) 265-3187.
Sincerely,
"
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Don A. Urgo
Account Manager
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An fPl Group company
Comcast Cablevlslon
of Wellt Palm BllACh. Inc.
1401 Norlhpolnl ParkwAY
West Palm Beach. Florida 33407
(407) 478-5866
(407) 686-9499 FAX
~ COIVICAST
1/7/90
,"
Vincent A. Finizio
Admin. Coordinator of Engineering
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425-0310
RE: Street Abandonment Request submitted by Raymond J. Posgay, Esq.
Dear Mr. Finizio;
Comcast Cablevision has no objection in the street abandonment.
However, should we have to relocate any of our existing facilities,
you will be responsible for the full cost of the relocation.
Please call me if there are any questions.
Sincerely"
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Dominique Aumais
Construction Coordinator
DA/eg
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PUB Lie UTI L I T\ I f S COM PAN Y
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Mr. Vincent A. Finizio
Administrative Coordinator of Engineering
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425-0310
Dear Mr. Finizio:
ADD"'.' "l[iItLV TO COM~A." .,.
P.O. Drawer C
West Palm Beach
Florida 33402-3395
December 20, 1990
,~
In reply to your letter of December 17, 1990, we wish to advise that Florida
Public Utilities Company has no objection to the abandonment of that portion
of Old Boynton Road lying between State Road 804 and "New" Old Boynton Road
as shown on the drawing and legal description prepared by O'Brien, Suiter,
O'Brien, Inc.
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Yours very truly,
/~
B. R. Becker
Engineer
@
Southern Bell
326 Fern street
West Palm Beach, FL 33401
December 27, 1990
File: 240.0911
"
Mr. V. A. Finizio
Administrative Coordinator of Engineering
City of Boynton Beach
P. o. Box 310
Boynton Beach, FL 33425-0310
RE: STREET ABANDONMENT REQUEST FOR BOYNTON BEACH
BOULEVARD AT OLD BOYNTON ROAD
Dear Mr. Finizio:
Based upon the information provided, please accept this
document as Southern Bell's letter of no objection to the
above referenced abandonment.
Should you have any questions, please contact me at
837-9061.
c~e:Clo
C. J. Lonsdale
Engineer
Enclosure
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A SELLSOUTH Company
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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:
AGENT'S NAME:
AGENT'S ADDRESS:
"OLD BOYNTON ROAD"
RAYMOND J. POSGAY, ESQ.
1217 East Broward Boulevard
Fort Lauderdale, FL 33301
AGENT'S PHONE:
(305) 764-5543
OWNER'S NAME:
(or Trustee's)
(see attached Schedule "B")
OWNER'S ADDRESS:
OWNER'S PHONE:
PROJECT LOCATION: N.E. corner and adjacent to State Road 804
(not legal description)
(Boynton Beach Blvd) and "New" Old Boynton Road
(NW 8th ST) Boynton Beach, FL
CORRESPONDENCE
. ADDRESS: * 1217 East Broward Boulevard
(if different than
agent or owner) Fort Lauderdale, FL 33301
* This is the address to which all agendas', letters and
other materials will be forwarded.
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APPLICATION TO ABANDON/VACATE
The undersigned, pursuant to Ordinance NO. 76-27 of the City of
Boynton Beach, Florida, hereby applies to the City Commiss~on to
vacatet abandon, and discontinue the,
(check 'one):
( ) ALLEY
( x) 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
conn~ction 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 Exhibit "A" attached
hereto.
2. That the title or interest of
to the specific property interest
and is evidenced by,
(check one):
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DEED
DEDICATION
PRESCRIPTION
County
the ~K~, and the public in and
described above was acquired
MUNICIPAL RESOLUTION
of Approval required
by County Ordinance 86-18,
SECTION VIII (12)
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Recorded in Deed Book 636 , Page 337 , and
Public Records of Palm Beach County, Florida. 701, Page 207
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
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
See attached Exhibit "B"
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6. That the following grounds and reasons are submitted in
support of this application:
(A) ~he subject right-of-way has been abandoned and all paving
materials removed and presently constitutes "vacant land".
(B) The realignment by Palm Beach County of "Old Boynton Road"
makes such riqht-of-way unnecessary.
(C) Recommendation of Boynton Beach Planninq Department that
said area be abandoned.
(item 7.a) attached
DATED: November 27, 1990
(PLEASE SIGN)
/
ADDRESS
1217 East Broward Blvd
or
Fort Lauderdale, FL 33301
P.O. Box 16178
STATE OF FLORIDA
COUNTY OF RXBMXBE~gH BROWARD
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~andonl
Vacate; that they have read the same and that the facts therein
set forth are true and correct to the best of their knowledge.
in his representative capacity as attorney for the owners of
Parcel I.
~7Jl- ~
NOTA PUBLIC, State of Florida
My Commission Expires:
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-Abandon/
Vacate; that they have read the same and that the facts therein
set forth are true and correct to the best of their knowledge
in his representative capacity on behalf of Florida Power & Light.
C~Q ~~_
NofARY :PU"BfIC, State of Flo:;:"id a
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My Commission Expires:
6-19-87 "'t." - ORIM
IOTAR.1..i~~~~~ i~~ J~.~~, 1994
:~ED'THI\U GtNERAl INS. UNO.
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STATE OF FLORIDA
COUNTY OF PALM BEACH
The above named applicants, MERLE N. JACOBS and CAROL A. JACOBS,
his wife, being first duly sworn by me the day and year above
indicated, deposed and stated that they are the applicants in
the foregoing Application to Abandon/Vacate; that they have read
the same and that the facts therein set forth are true and
correct to the best of their knowledge.
NO
My Commission Expires:
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STATE OF FLORIDA
COUNTY OF BROWARD
The above-named applicant, RAYMOND J. POSGAY, as Attorney for
owners of Parcel I, being duly sworn by me, deposes and states
that he is one of the applicants in the foregoing Application
to Abandon/Vacate; that he has read the same and that the
facts therein set forth are true and correct to the best of
his knowledge, in his representative capacity as attorney for
the owners of Parcel I.
WITNESS my hand and seal this 27th day of November, 1990.
'~J
NOTARY PUBLIC
My commission expires: .
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DARLENE S. CHANEY
MY CCMM. EXP. 9/13/91
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DESCRIPTION:
That part of Section 20, Township 45 South, Range 43 East, Palm
Beach County, Florida, described as follows:
Commgnce at the Southeast Corner of spid Section 20; thence
S.88 02'21"W., along the South Line'of said Section 20, 1631.39
feet to the easterly right of way line of a forty foot road as
shown on plat of Subdivision of said Section 20, as recorded in
Plat Book 7, page 22 of the Public Records of Palm Beach County,
Florida; thence N.O 49'09"E., along said easterly right of way
line, 312.74 feet to line 50 feet southwesterly of and parallel
with the centerline of Old Boynton Road and the Point Of
Beginning; thence S.41047'42"E., along said parallel line,
225.01 feet to a point of curvature of a curve concave
nortgeasterly with a radius of 527.47 feet and a central angle
of 3 13'44"; thence southeasterly, along the arc of said curve,
29.7~ feet; thence S.OoOO'07"W., 37.43 feet; thence
S.85 02'51"E., 140.34 feet to a line 53.00 feet north of and
parallel with the centerline of State Road 804 as shown on the
right of way map recorded in Road Plat Book 2, page 220 of the
Publbc Records of Palm Beach County, Florida; thence
S.89 59'53"E., along said parallel line, 45.67 feet to a point
on a curve concave to the ngrtheast with a radius of 368.97
feet6 a central angle of 23 41'37" and a chord bearing
N.53 38'30"W.; thence northwesterly, along the arc of 8aid .
curve, 152.58 feet to a goint of tangency; thence N.41 47'42"W.,
110.00 feet; thence S.48 12' 18"W., 10.00 feet to a line 15.00
feet northeasterly of and parallel with the centerline of Old
Boynton Road; thence N.41047'42"W., along said parallel line,
227.66 feet to the intersection of the northerly prolongation of
the said e~sterly right of way line of the forty foot road;
thence S.O 49'09"W., along said prolongation, 96.00 feet to the
said Point Of Beginning.
Containing 28,537 square feet or 0.655 acre, more or less.
O'BRIEI, SUITER & O'BRIEI, 'NC.
ENGINEERS, SURVEYORS, LAND PLANNERS
2601 NORTH FEDERAL HIGHWAY, DELRAY BEACH, FLORIDA
OA":
tit/If' ,/, 199~
r':!fJZ' ";'1
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SC~lr; ,.VdA/e
01l01l1 "oifl'.;/4?~
Schedule "B"
OWNERSHIP INTEREST
PARCEL I: ORB 3420, Page 39
DOMINIC PALOMBO 9.7%
FRANCIS A. ASTORINO and
MILDRED S. ASTORINO, his wife 9.7%
JAMES W. HART and
JOANNE HART, his wife 9.7%
Estate of R. MARSHALL BROWN,
deceased 4.85%
GRETCHEN F. BROWN 4.85%
ADIENCE EQUITIES, INC., a
Delaware Corporation 61.2%
TOTAL 100.00%
clo RAYMOND J. POSGAY
1217 East Broward Boulevard
Fort Lauderdale, FL 33301
(305) 764-5543
PARCEL II: ORB 1981, Page 1100
FLORIDA POWER & LIGHT COMPANY
clo C. D. WEST, Representative
Right-of-Way and Land Department
Eastern Division
P.O. Box 16178
West Palm Beach, FL 33416-6179
(407) 684-7203
PARCEL III: ORB 2949, Page 1637
MERLE N. JACOBS and CAROL A. JACOBS, his wife
715 West Boynton Beach Boulevard
Boynton Beach, FL 33426
(407) 737-3200
If A
MEMORANDUM
Utilities #90-735
DATE:
Sue Kruse
City Clerk
John A. Guidry ~~~
Director of Utilities ~~
December 27, 1990
TO:
FROM:
SUBJECT:
Street Abandonment Request submitted by Raymond J.
Poogay, Esq. (Old Boynton Road at SR 804)
We reviewed the site in question and there is an existing water
main running along the north right-of-way line of State Road 804
which will be on private property after the abandonment.
Please inform the applicant's attorney that an utility easement
must be provided along the southernmost 10' of the proposed
parcel to address the problem.
If YO,u have any questions, please contact Mr. Mike Ka.zunas at
738-7460.
RECEIVED
ql
J~N 2-
p\.ANN\NG DEPT.
19b
Attachments
be: Mike Kazunas
xc: Chris Cutro, Planning
Pete Mazzella
File
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OFFICE OF THE CITY CLERK
MEMORANDUM
TO:
Chris Cutro, Planning Director
FROM:
Sue Kruse, City Clerk
SUBJECT:
Old Boynton Road R-O-W Abandonment Application
DATE:
December 28, 1990
Pursuant to our discussion today, we trust you will be in contact with
Raymond J. Posgay to advise him of the attached request from our
Director of Utilities.
J~~AA~j
Sue Kruse, City Clerk
RECEIVED
SK:pwb
RECEIVED
DEe 3 1 1990
If PLANNiNG DEPT.
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