APPLICATION
Grayarc'
p.o. eox 2944
~!;T 08104.2944
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REPLY MESSAGE
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REORDER ITEM" F269
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FROM
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TO
Christopher Cutro
Planning Director
Sue KrU8etCi~Y':91erk
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SUBJECT:
Plannip8-& ZQnin~B-9-a~d__~eeting - Febr~ary 12, 1991
~5,
DATEi:li'Dec. 13, .1~~Q.._
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FOLD.
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Attached is a copy of a street abandonment application submitted. Qy,.B,.aymond
J. Posgay, Esq. "'.~/':~',j'
Please review and advise of your recommendations for approval or}Usapproval
in accordance with Section 22-40 (a) of the Code. .' "
Thank you.
RECEIVED
SK:pwb
Attachment
PLEASE REPLY TO
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SIGNED
UEC14 1990 .
PLANNING DEPT.
REPLY
DATE:
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SIGNOO J~'
Item " F269 Grayarc. P.O. Box 2944, Hartford, CT 06104.2944
" Wheeler Group, Inc. 1982
THIS COpy FOR PERSON ADDRESSED
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APPLICATION TO ABANDON/VACATE
BOYNTON BEACH PLANNING DEPARTMENT
APPLICATION INFORMATION FORM
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.)
NOTE:
PROJECT NAME:
AGENT'S NAME:
AGENT'S ADDRESS:
AGENT'S PHONE:
OWNER'S NAME:
- (or Trustee's)
OWNER'S ADDRESS:
OWNER'S PHONE:
"OLD BOYNTON ROAD"
RAYMOND J. POSGAY, ESQ.
1217 East Broward Boulevard
Fort Lauderdale, FL 33301
(305) 764-5543
(see attached Schedule "B")
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 Cit'l of
Boynton Beach, Florida, hereby applies to the City Commis3~on to
vacate; abandon, and discontinue the,
(check one):
(
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)
)
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
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.
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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 "All attached
hereto.
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x
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DEED
DEDICATION
PRESCRIPTION
County
the ~X~, 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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2. That the title or interest of
to the specific property interest
and is evidenced by,
(check one):
"
"
"
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.
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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 riqht-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
/
ADDRESS
1217 East Broward Blvd
or
Fort Lauderdale, FL 33301
B :
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MERLE N. J
P.O. Box 16178
STATE OF FLORIDA
COUNTY OF D:&MXBEltm:H BROWARD
WE;rst Palrq Beach"
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CAROL A.
715 West Boy~ton Beach Blvd
Boynton Beach, FL 33426
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-xbandonl
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.
c-L /ll.
UBLIC, State
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 & ~ight.
~-"
~-- " CLlZABETH M
IUL;~ '.s RICHAR
;,~~lp ~~ of Florida
~Omo~ BONO'11',f'P' 10/lOm
My Commission Expires:
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NOTARY PUB~lc, State of Florida-
My Comm~ion Expires:
6-19-87 ~._,.--..
noTARY PUBLIC STATE OF FLORIDA
MY COMMISS!OH EXP. JAH.28,1994
stlHDE:O THRU GEtIERI>.L INS. -UNO.
..
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.
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NOTARY. DBLIC, State of Florida
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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 knowl-
edge, in his representative capacity as attorney for the owners
of Parcel I.
WITNESS my hand and seal this 27th day of November, 1990.
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NOT RY PUBLIC /J
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My commission expires:
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"OFFICIAl Norr,RY SEAL"
DARLENE S. CHANEY
Mt CGMM. EXP. 9/13/91
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EXHIBIT "A"
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DESCRIPTION:
That part of Section 20, Township 45 South, Range 43 East, Palm
Beach County, Florida, described ~~ follows:
Commgnce ~t the Southeast Corner of said 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 28 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 5.41047'42"E., along said parallel line,
225.01 feet to a point of curvature of a curve concave
nortBeasterly 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 5.0000'07"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
rig~t of way map recorded in Road Plat Book 2, page 220 of the
Publ!c Records of Palm Beach County, Florida; thence
5.89 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
feet a central angle of 23 41'37" and a chord bearing
N.53638'30<<W.; thence northwesterly, along the arc of said
curve, 152.58 feet to a goint of tangency; thence N.41 47'42"W.,
110.00 feet; thence 5.48 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 5.0 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'BRIEII, SUITER & O'BRIE", IIIC.
ENGINEERS, SURVEYORS, LAND PLANNERS
2601 NORTH FEDERAL HIGHWAY, DElRAY BEACH, FLORIDA
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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%
c/o RAYMOND J. POSGAY
1217 East Broward Boulevard
Fort Lauderdale, FL 33301
(305) 764-5543
PARCEL II: ORB 1981, Page 1100
FLORIDA POWER & LIGHT COMPANY
c/o 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
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PLANNING AREA 7-BOYNTON BEACH BOULEVARD CORRIDOR, BETWEEN
INTERSTAlE 95 AND LAWRENCE ROAD
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 outparcellying along the east side
of 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 comer of Boynton Beach
Boulevard and Old Boynton Road be changed to Local Retail Commercial, and the zoning
changed to C-2 Neighborhood 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-IA zoning. This land use/zoning change
would prevent duplex dwellings from being placed immediately next to a single-family 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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REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request
to have a Legal Notice or Legal Advertisement Published and must
be submtited to the Office of the City Attorney 8 working days
prior to the first publishing date requested below.
ORIGINATING DEPARTMENT:
Planning
PREPARED BY: T~~RI J. HEYDEN
DATE PREPARED:
12-11-90
BRIEF DESCRIPTION OF NOTICE OR AD:
Abandonment of a portion of Old Boynton Road R-O-W
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Border, etc.)
None
SEND COPIES OF AD TO:
Abounding and abutting property owners,
planning
1:::>0'-1 u ro 1J c,e:AC H !J E..uJ::' by City Clerk
NEWSPAPER(S) TO PUBLISH: To be determined
DATE(s) TO"BE / fA r?/.Iii I I
PUBLISHED: / J 1ft ,.tAl /) To be determined bv City Clerk
APPROVED BY:
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~CitY Manager)
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RECEIVED BY CITY CLERK:
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COMPLETED:
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
Tuesday, February 12, 1991 at 7:30 P.M. at City Hall in the
Commission Chambers, 100 East Boynton Beach Boulevard, Boynton
Beach to consider an application to ABANDON a portion of the Old
Boynton Road right-of-way more particularly described as follows:
That part of Section 20, Township 45 South, Range 43 East,
Palm Beach County, Florida, described as follows:
commonce at the Southeast Corner of said 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 20 of the Public
Records of Palm Beach County, Florida; thence N.Oo49'09"E.,
along said easterly right of way line, 312.74 feet to line
50 feet southwesterly of and parallel with the centerline of
Old ~oynton Road and the Point of Beginning; thence
S.41 47'42"E., along said parallel line, 225.01 feet to a
point of curvature of a curve concave northeas~erlY with a
radius of 527.47 feet and a central angle of 3 13'44";
thence southeastorly, along the arc of said curve'o29.73
feet; thence S.O 00'07"W., 37.43 feet; thence S.85 02'51"E.,
140.34 feet to a line of 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 nostheast with a radius of
368.97 feet, a central angle of 23 41'37" and a chord
bearing N.53038'30''W.; thence northwesterly, along the arc
of s8id curve, 152.58 feet to a point ob 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 P8rallel with the
centerline of Old Boynton Road; thence N.41 47'42"W., along
said parallel line, 227.66 feet to the intersection of the
northerly prolongation of the said east5rly 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.
In addition, a PUBLIC HEARING will be held by the City Commission
of the City of Boynton Beach on the above request on Tuesday,
February 19, 1991 at 6:00 P.M. at City Hall in the Commission
Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, 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
Commission 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.
SUZANNE M. KRUSE
CITY CLERK
CITY OF BOYNTON BEACH
11~ I ~ ORID_A
PlJl\LI<: UTILITIES
C()MP^NY
AOI)A[~"i FlfPLY 10 CO,.."..."V .iT
P.O. Drawer C
West Palm Beach
Florida 33402-3395
December 20, 1990
Mr. Vincent ^. Finizio
Administrative Coordinator of Engineering
City of Boynton Beach
P.o. nox 110
Boynton Beach, Florida 33425-0310
r~ar Mr. finizio:
In reply to your letter of December 17, 1990, we wish to advise that Florida
Publ ic lItil ities Company has no objection to the abandonment of that portion
of 01 d Boynton Road lyi ng between State Road 804 and "New" 01 d Boynton Road
as shown on the drawing and legal description prepared by O'Brien, Suiter,
O'Brien, Inc.
Yours very truly,
.(~"/,./.
B. R. Becker
Engineer
RECEIVED
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Die 21 _
PLANNii,.tG DE.PT~
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