LEGAL APPROVAL
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MAY-~9-1C"--- 2:12Pm 97-189838
vRB 7815 p, 1589
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THE CITY OF BOYNTON BEACH, FLO 10 -~. -. .
AUTHORIZING ABANDONMENT OF A 15 ,. aT f)' :"'1
WIDE AllEY lOCATED WITHIN BLOCKS 10~1T~~'w".-
AND 12 OF THE BOWERS PARK SUBDIVISION,
RESERVING A 15 FOOT WIDE UTILITY EASEMENT
TO THE CITY OF BOYNTON BEACH, FLORIDA ,
FLORIDA POWER & LIGHT, BELLSOUTH AND ANY
AND ALL OTHER AFFECTED UTILITIES; SAID
PROPERTY BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT "An ATTACHED HERETO;
PROVIDING THAT THIS ABANDONMENT SHALL
NOT BE CONSTRUED TO AFFECT ANY EXISTING
ACCESS EASEMENT; AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A DISCLAIMER
FOR SAID ABANDONMENT; PROVIDING THAT
THE ATTACHED DISCLAIMER BE RECORDED IN
THE PUBLIC RECORDS OF PALM BEACH
COUNTY; AND PROVIDING AN EFFECTIVE DATE.
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II WHEREAS, the City of Boynton Beach is requesting abandonment of an
; i unimproved 15 foot wide city alley located within blocks 10, 11 and 12 of the Bowers
: I Park subdivision, reserving a 15 foot .wide utility easement to the City of Boynton
: I Beach, Florida, Florida Power & Light, BellSouth and any and all other affected
i: utilities; and
,
,
'I WHEREAS, comments have been solicited from the appropriate City
Departments, and public hearings have been held before the City's Planning and
Development Board and the City Commission on the proposed abandonment; and
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WHEREAS, based' on the foregoing information, the said alley to be
abandoned no longer serves any useful purpose; and
1KlW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE caY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
does hereby abandon a 15 foot wide city alley located within blocks 10, 11 and 12
of the Bowers Park subdivision, located in the City of Boynton Beach, Florida and
depicted on Exhibit "A" attached hereto, reserving a 15 foot wide utility easement on
said parcel to the City of Boynton Beach,. Florida, Florida Power & Light, BellSouth
and any and all other affected utilities, subject to staff comments.
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ORB 9815 pg 1591
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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 fifteen (15) foot wide alley, located
within blocks 10, 11 and 12 of the Bowers Park Subdivision, between S.E. 5th
Avenue and S.E. 6th Avenue, on both sides of Seacrest Boulevard and west of
the FEC Railway, more particularly described in Exhibit "An attached hereto,
reserving a 15 foot wide utility easement to the City of Boynton Beach, Florida
Power & Light, BellSouth and any and all other affected utilities.
II
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. i Boynton Beach, Florida, have hereunto set their hands and affixed the seal of
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IN WITNESS WHEREOF, the duly authorized officers of the City of
the City this.1lsL. day of May, 1997.
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)ss:
EACH )
authority, personatly appeared GERALD
TAYLOR and SUZANNE KRUSE, Mayor and City Clerk respectively, of the City
I of Boynton Beach, Florida, known to me to be the persons described in and who
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I' executed the foregoing instrument, and acknowledged the execution thereof to
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S:ca\11RellO'Bower Park.
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ORB 9815 P9 1592
be their free hand and deed as such officers, for the uses and purposes
mentioned therein; that they affixed thereto the 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 :<3 _A.<l
day of May, 1997.
L~~
NOTARY PUBLIC, State of Florida
My Commission Expires:
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MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 20,1997
Description:
Bowers Park SliPdivision, Blocks 10, 11 and 12
( City of Boynton B~aCfi'"")
City of Boynton Beach
Alley between S.E. 5th Avenue and S.E. 6th Avenue on
both sides of Seacrest Boulevard, west of the FEC
Railway
Abandonment of a 15 foot wide unimproved alley
B.
Project:
Agent:
Owner:
Location:
All those who planned to testify with regard to Items VII.B, VII.C, IX.A, IX.B, IX.C, IX.D,
and IX.E were sworn in by Attorney Goren.
Mayor Taylor advised that the Planning and Development Board unanimously
recommended approval of this abandonment.
Joseph De Cosmo, owner of Lots 11 and 12 of Block 12, asked who is going to own
this alley after the City abandons it. Ms. Heyden advised that the alley will be split in
half. Seven and a half feet will go to the property owner that abuts it to the north, and
seven and a half feet will go to the property owner that abuts it to the south.
Mr. De Cosmo did not want this property and felt he would just be gaining a tax liability.
The Commission explained to him the benefits of accepting this alley. The property
owners' setbacks would be moved back, and they would be able to add onto their
property. Ms. Heyden advised that Mr. De Cosmo could sell his portion of the alley to
his neighbor as soon as he acquired title to it.
Commissioner Bradley felt alleys need to be studied City-wide because they may prove
to be a tremendous benefit at some point in time.
The following people were in favor of accepting this alley from the City:
Kenny Dyar
Bob Musella
Tammy Eisenberger
Steve Emslie
Mr. Musella had several questions. Ms. Heyden advised him that the Engineering
Department did not need to survey the property. It was taken right off the plat.
Commissioner Jaskiewicz advised him that many of the people in this area are having a
problem with their water and the lines have to be replaced. When they are replaced
17
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MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 20, 1997
next year, they will go in front of the properties. That will be done regardless of whether
or not this alley is abandoned.
Motion
Commissioner Jaskiewicz moved to approve the abandonment of a 15 foot wide
unimproved alley in the Bowers Park Subdivision, Blocks 10, 11, and 12. Vice Mayor
Titcomb seconded the motion, which carried 5-0.
Description:
Quantum Park PID
James G. Willard and Bowen LLP
Quantum Associates
West side of the intersection of Interstate 95 and
Gateway Boulevard
Master Plan Modification - Request to amend the
previously approved PIO master plan in connection
with an amendment to the DRI as follows:
C.
Project:
Agent:
Owner:
Location:
Change in traffic distribution due to possible future
severing of Quantum Boulevard between lots 22 and
31 and lots 6 through 11; and change in the master
plan designation of lots 6, 7, 8, 9, 10, 11, 22, 23, 24,
25.26,27,28,29,30,31,1,2,15,16 and 40A from
office to office/industrial use; of lots 1, 66, 67 A and
67C from office/hotel use to
office/industriaVcommercial use; of lots 12, 13, and 14
from office/research and development to office use;
lots 32. 33, 34A, 348, 35, 36, 37 and 38 from
office/industrial to industrial use; of lots 17, 18, 19,21,
39, 52, 81. 82, 83. 84 and 85 from office to
office/industrial/commercial use; of lot 40 from
office/government and institutional to government and
institutional use; change in the master plan
designation of lots 58, 59, 60, 61 and 62 from
industrial/research and development to
office/industrial use; change in the master plan
designation of lots 86,87,88, 89A, 89B and 90B from
research and development to office/industrial use;
change in the master plan designation of lots 65A,
18
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 20, 1997
permitted and constructed even if there is a delay in recording the drainage agreement
referred to in this comment.
Mayor Taylor suggested that this resolution be approved conditioned upon a
satisfactory agreement being reached with regard to comment 7.
City Attorney Goren said if the Commission would delegate the decision to the City
Manager that the staff is otherwise satisfied, the Manager can sign off on that basis.
Motion
Commissioner Jaskiewicz moved approval of the final plat for Cedar Ridge Estates
subject to the conditions of approval in Exhibit C, with 7 as clarified by the City Attorney.
Commissioner Bradley seconded the motion, which carried 5-0.
2, Proposed Resolution No. R97 -85 Re: Abandonment of 15 foot
wide unimproved alley in Bowers Park subdivision, Blocks 10,
11 and 12
Attorney Goren read Proposed Resolution No. R97 -85 by title only.
Motion
Commissioner Jaskiewicz moved to approve Proposed Resolution No. R97 -85.
Commissioner Tillman seconded the motion, which carried 5-0.
0, Other
1. Approve payment of Court Judgment against the City in the
amount of $75,386,81 to Plaintiff Allen C, Willis
Wilfred Hawkins, Assistant to the City Manager, advised that Leslie Roberts was the
counsel assigned to this case. He explained that Mr. Willis is an independent
contractor. He was in a trench when part of the trench wall caved in on him and he was
injured. This case was tried by a jury and the plaintiff was found 54 percent responsible
and the City 46 percent responsible. The City is being asked to pay their percentage
share, which amounts to $75,386.81 and includes interest.
39
MEETING MINUTE,
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
C. OTHER:
Abandonment
1.
Project:
Agent:
Owner:
Location:
Description:
Motion
MAY 13,1997
Bowers Park Subdivision - Blocks 10,11, and 12
City of Boynton Beach
City of Boynton Beach
Alley between SE 5th Avenue and SE 6th Avenue on both sides of
Seacrest Boulevard, west of the FEC Railway.
Abandonment of a 15 foot wide unimproved alley.
Mr. Aguila moved to approve subject to staff comments. Mr. Wische seconded the motion
which carried unanimously.
Vice Chairman Golden questioned whether the property owners have agreed to accept the land
from this abandonment.
Ms. Heyden advised that two property owners have agreed. The remaining property owners
were advised of the abandonment, but they have not responded.
Code Review - LOR Text Amendment
2.
Project:
Agent:
Description:
Automotive Service Uses in PCDs
Anna Cottrell
Request to amend the Zoning Code to allow automotive services
uses in Planned Commercial Developments (PCD) three acres in
size or larger.
Anna Cottrell. 319 Clematis Street. Suite 804. West Palm Beach. Florida, said she has
been working with City staff on a proposal to develop property for an automotive related PCD
The major project will be tire sales with accessory sales and service such as batteries, quick-
change oil facility, and a detail shop. No tenants are signed, but the mix of uses has been
determined. The retail will include small shops such as insurance, small retail and a small
restaurant/deli type use.
In reviewing this with staff, Ms. Cottrell found a requirement that automotive-related uses in the
C-3 zoning district be on properties not less than five acres. A PCD requires only three acres.
The applicant was made to understand that the use was eligible under the PCD. After submittal
of the application, staffs interpretation was that the five-acre requirement in the C-3 zoning
district rolls over into the use allowance in the PCD. The language in the Code is that any use
allowance in C-3 is also allowed in the PCD. Staff has interpreted that the use comes along
with the acreage restriction.
15
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NOTICE OF PUBLIC HEARING ~----..l()tjll,;:,;.'g'!;:"I]
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NOTICE IS HEREBY GIVEN that the City Commission of the CITY OF BOYNTON BEACH, ., ..
FLORIDA, WILL CONDUCT A PUBLIC HEARING at CITY HALL COMMISSION
CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, May 20, 1997 at
7:00 p.m. to consider an application submitted by the City of Boynton Beach to abandon a 15 foot wide
alley within blocks 10, 11 and 12 of the Bowers Subdivision. Said strip of land more particularly
described as follows:
A FIFTEEN (15) FOOT WIDE PARCEL OF LAND RUNNING EAST AND WEST THRU
THE MIDDLE OF BLOCKS 10, 11 & 12 OF THE PLAT OF BOWERS PARK MORE
P ARTICULARL Y DESCRIBED AS FOLLOWS:
PARCEL 1:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, WHICH IS THE POINT OF
BEGINNING; RUN WESTERLY ALONG THE SOUTH BOUNDARY LINES OF LOTS 1
THRU 6 A DISTANCE OF 300 FEET MORE OR LESS TO A POINT IN THE SOUTHWEST
CORNER OF LOT 6, THENCE SOUTHERLY A DISTANCE OF 15' TO A POINT IN THE
NORTHWEST CORNER OF LOT 7, THENCE EASTERLY ALONG THE NORTH
BOUNDARY LINES OF LOTS 7 THRU 12 A DISTANCE OF 300 FEET MORE OR LESS TO
A POINT IN THE NORTHEAST CORNER OF LOT 12, THENCE NORTHERLY 15' TO THE
POINT OF BEGINNING, ALL WITHIN BLOCK 1 0 CONTAINING 0.104 OF AN ACRE,
MORE OR LESS, AND,
PARCEL 2:
BEGINNING THE SOUTHEAST CORNER OF LOT 1, WHICH IS THE POINT OF
BEGINNING, RUN WESTERLY ALONG THE SOUTH BOUNDARY LINES OF LOTS 1
THRU 12 A DISTANCE OF 600 FEET MORE OR LESS TO A POINT IN THE SOUTHWEST
CORNER OF LOT 12, THENCE SOUTHERLY A DISTANCE OF 15' TO A POINT IN THE
NORTHWEST CORNER OF LOT 13, THENCE EASTERLY ALONG THE NORTH
BOUNDARY LINES OF LOTS 13 THRU 24 A DISTANCE OF 600 FEET MORE OR LESS
TO A POINT IN THE NORTHEAST CORNER OF LOT 24, THENCE NORTHERLY 15' TO
THE POINT OF BEGINNING, ALL IN BLOCK 11 CONTAINING 0.213 OF AN ACRE
MORE OR LESS, AND,
PARCEL 3:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, WHICH IS THE POINT OF
BEGINNING, RUN WESTERLY ALONG THE SOUTH BOUNDARY LINES OF LOTS 1
THRU 8 A DISTANCE OF 389 FEET MORE OR LESS TO A POINT IN THE SOUTHWEST
CORNER OF LOT 8, THENCE SOUTHERLY A DISTANCE OF 15' TO A POINT IN THE
NORTHWEST CORNER OF LOT 9, THENCE EASTERLY ALONG THE NORTH
BOUNDARY LINES OF LOTS 9 THRU 14 A DISTANCE OF 387 FEET MORE OR LESS TO
A POINT ON THE NORTHEAST CORNER OF THE EASTERNMOST LOT 14, THENCE
NORTHEASTERLY A DISTANCE OF 15' MORE OR LESS TO THE POINT OF
BEGINNING CONTAINING 0.134 OF AN ACRE MORE OR LESS ALL IN BLOCK 12.
ALL OF THE AFOREDESCRlBED THREE PARCELS BEING WITIllN THE PLAT OF
BOWERS PARK AS RECORDED IN PLAT BOOK 11, PAGE 57 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY.
All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any
person who decides to appeal any decision of the City Commission with respect to any matter considered
at this meeting 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.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DEPARTMENT
(561) 375-6260
PUBLISH: May 5, 1997
THE POST
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April 14, 1997
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ZONING DEPT.
To whom it may concern:
The subject parcels identified in this application were not acquired or dedicated for State or
Federal highway purposes and will not adversely affect other property owners or unreasonably
limit access to their property.
9;;:;tLL
Ken Hall, Engineering Plan Check Inspector
as agent for the City of Boynton Beach
ST A TE OF FLORIDA
COUNTY OF PALM BEACH
The above named applicant being first duly sworn by me the date and year above indicated,
deposed and stated that he is the applicant in the foregoing Application to Abandon; that he has
read the same and that the facts therein set forth are true and correct to the best of his knowledge.
~~~~
NOTARY PUBLIC, State of Florida
My Commission Expires:
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C:\My Documents\Abandonment.doc
MEMORANDUM
April 9, 1997
TO:
FROM:
AI Newbold, Acting Director of Development
James A. Cheraf, City AlIamey~l ~
Proposed Agenda Item - Abandonment of a fifteen foot wide strip
Blocks 10, 11 & 12, Bowers Park
RE:
I am returning your Agenda Item request form regarding the abandonment
of the 15 foot wide strip of land within blocks 10, 11 and 12 of the Bowers
Subdivision. The request should be amended to reflect that it is for the May 20,
1997 Commission meeting. The application should now be processed as any
other application for abandonment. Please make arrangements for notification
to owners and occupants as well as public notification 15 days prior to the May
20, 1997 public hearing.
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S:Departrnents\Development\Aband - Bowers Park
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
APRIL 1, 1997
this program be-reinstituted on a monthly or quarterly basis.
Consensus
There was a consensus of the Commission to authorize staff to contact the newspapers to identify
the area editors and arrange a meeting schedule with them.
D. Items for discussion requested by Commissioner Shirley Jaskiewicz
1. Request policy direction on alley abandonment at 109 SE 6th Avenue
Commissioner Jaskiewicz reminded the Commissioners that this alley is creating a problem for the
homeowner because it is set aside and has become a haven for vagrants and vandalism. Staff
provided comments relative to this abandonment. Utilities Department Memorandum #97-070
indicates that there is a 2" water main in this alley which is scheduled for replacement in the
foreseeable future. However, Utilities has no objection to the abandonment with the condition that
an easement is dedicated in its place to allow them access for operation and maintenance
purposes.
Commissioner Bradley cautioned the Commissioners about abandoning alleys because in many
of the neighborhoods throughout the country I these alleyways are being utilized. It is possible that
the alleys could be utilized with redevelopment and revitalization.
Consensus
There was a consensus of the Commission that staff be directed to make application in the City's
name for an abandonment and it be processed in the same manner as other abandonments. The
City will reserve a utility easement in this space. This item will come back to the Commission-for
a final determination.
AT THIS POINT IN THE MEETING. MAYOR TAYLOR ADVISED THAT MS. ENGH AND BILL
GULBRANDSEN WERE PRESENT TO PRESENT A PLAQUE FROM THE EXCHANGE CLUB OF
BOYNTON BEACH AND DELRAY BEACH.
Ms, Engh prell*d Mayor Taylor with a plaque on behalf of the Exchange Club of Boynton Beach
and Delray Beach and the Board of Directors of the Dick Weber Center in appreciation of the City's
continued support of the Dick Weber Center for the past eight years. Ms. Engh advised that the
City provides free rent space at City Hall.
E. Consider request from Larry Finkelstein to purchase City right-of-way at NE
10th Avenue between NE 7th Street and the Intracoastal
Larry Finkelstein advised that this request is similar to the situation brought up by Commissioner
Jaskiewicz. This area has never been used or maintained, and it is a hang-out for vagrants. This
area is also causing flooding on SW 7th Street. This right-of-way is adjacent to property that Mr.
12
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MEMOJaNDUH . - -r;, - ('\ I ~ ~
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Dale Suqarman, Assistant City HanO\u ~~\"..'\)iJ{ 1Y\f-'(..r'l:" OP v
T'U~ (~r II(\LL~'(
James A. Cheraf, Ci1:y A~t:orney l N ~~ ~~"-l-~.s
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TO:
DATE:
SQPt8~.r 13, 1995
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The precess by which I would de1:ermina the ownership of a s1:r.et.Ain
the City is as tollows: .
1. Obtain a survey of the street.(',," el"'Se-~')1<,r')+)
2 . Obtain a tit.le opinion (ownership ana encumbrance report)
frem a title company. .
RECOMMENDATION:
prov ide 1 and ~ abovEt-.
,
Require applicants for abandonments to
RA'I'IONALE: The city mould not: underwrite this costly
detensination reqardiDq ownership when the applicani; is the
ultimate beneficiary o~ the abandonment.
cc: Bill Hukill
900182.BB
MEMO
abandonment
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