AGENDA DOCUMENTS
LEGAL/APPROVAL DOCUMENTS
AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl!. Dates in to City Manal!.er's Office Meeting Dates in to City Manal!.er's Office
[g1 December 16, 1997 December 5, 1997 (noon) D February 17, 1998 February 6, 1998 (noon)
D January 6, 1998 December 19,1997 (noon) D March 3. 1998 February 20, 1998 (noon)
D January 20, 1998 January 9, 1998 (noon) D March 17, 1998 March 6, 1998 (noon)
D February 3, 1998 January 23, 1998 (noon) D April 7.1998 March 20, 1998 (noon)
RECOMMENDA nON: Please place the request below on the December 16, 1997 City Commission meeting agenda
under Resolutions. The abandonment of Forest Court was declared, by the City Commission, a prerequisite to the
reclassification and rezoning of a 6-acre portion of the Cedar Ridge PUD, The master plan for the Cedar Ridge PUD has
previously been modified to exclude this property, which will eventually be acquired and used by the adjacent Lake Worth
Christian SchooL This abandonment was originally reviewed and approved by the City Commission on September 19, 1995.
The processing of a resolution was delayed to resolve an issue of ownership. On September 12, 1995, the Planning and
Development Board with a 6-0 vote, recommended approval of the request below subject to the resolving of the same
ownership issues. For further details pertaining to this request, please see the original staff report -Planning and Zoning
Memorandum No. 95-477.
EXPLANATION:
PROJECT: Forest Court Right-of-Way Abandonment
AGENT: 1. Richard Harris, ESQ.
OWNER: Condor Investments of Palm Beach County
LOCATION: A 60-foot wide right-of-way located adjacent to Lots 36 through 45, inclusive, of Block 1 of the Cedar
Ridge PUD and High Ridge Commerce Park PID,
DESCRIPTION: Request to abandon the 60 foot wide right-of-way of Forest Court, which is within that portion of the
original Cedar Ridge PUD that was removed from the master plan,
PROGRAM IMPACT: NA
FISCAL IMPACT: NA
ALTERNATIVES: NA
City Manager's Signature
Department Head's Signature
Development Services
Department Name
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Planning & Zoning-{)irector Y
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC
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OFFICE OF THE CITY MANAGER
AGENDA MEMORANDUM
September 1~, 1995
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VI.
BLIC HEARING
C.2
cc: Planning. Develop.
Utilities
~
:
VI. PUBLIC HEARING
C.2 Forest Court - Abandonment
Attached is a packet from the Planning and Development Department forwarding on to the
City Commission the above referenced agenda item. You will nCltice that the Planning and
Development Board has recommended approval of this request, subject to a resolution of
the right-of-way ownership. As of the writing of this memorandum, the ownership of the
right-of-way has not been determined. In order to do so, two steps will need to be taken.
First, the applicant will need to obtain a survey of the street. Then, the applicant will need
to obtain a title opinion (ownership and encumbrance report) from a title company. This
can be a costly determination and it should not be the responsibility of the city to do so.
RECOMMENDATION:
It is my recommendation that the City Commission table this item until the applicant can
provide the city with a clear determination of who owns the property. If the property is in
private hands, there is nothing for the city to abandon. And, if the property is in private
hands, then the applicant will have to deal with the private owner of the property.
'\
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Dale S. Sugerman (
Assistant City Manager
Attachments
cc: Planning
Development
Utilities
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-501
'"
Agenda Memorandum for
September 19, 1995 City Commission Meeting
TO: Carrie Parker
City Manager
FROM: Tambri J. HeYden7~
Planning and Zon1ng Dlrector
DATE: September 14, 1995
SUBJECT: Forest Court - ABAN 95-004
Right-of-way abandonment
Please place the above-referenced request on the September 19, 1995
City Commission agenda under Public Hearing.
DESCRIPTION: J. Richard Harris, agent for Condor Investments and
the Lake Worth Christian School, is rQquesting abandonment of
Forest Court, a 60 foot wide right-of-way dedicated by plat and
located within the High Ridge Commerce Park PID and cedar Ridge PUD
subdivision.
RECOMMENDATION: The Planning and Development Board, with a 7-0
vote, recommended approval of this request subject to resolution of
the right-of-way ownership issue (as of this date, a legal opinion
of the Engineering Department's concern is still pending),
completion of the access agreement referenced in Planning and
Zoning Department Memorandum No. 95-477, and verification of
dedication of an easement as requested by Florida Power and Light.
Compliance with any conditions of approval shall be completed prior
to adoption of the resolution finalizing the abandonment.
TJH:dim
Attachment
e:C:::A'ilenMe.Tor
PLANNING AND ZONING DEPARTMENT
MEMORANDUM 95-477
FROM:
Chairman and Members
::::::n: . a::y:::::c::o,a;; -7;;. ~
Planning and Zoning Directo~~
TO:
DATE:
september 1, 1995
.~
SUBJECT: Forest Court - File No. ABAN 95-004
Right-of-way abandonment
NATURE OF REQUEST
J. Richard Harris, agent for condor Investments and the Lake Worth
Christian School, is requesting abandonment of Forest Court, a 60
foot wide right of way dedicated by plat. The right-of-way is
located within the High Ridge Commerce Park pro and Cedar Ridge PUD
subdivision. Attached is Exhibit "A" - location map and Exhibit
"B" - legal description and plat of proposed abandonment.
BACKGROUND
Forest Court was dedicated to the City by recordation of the 1983
High Ridge Commerce Park PID and Cedar Ridge PUD plat. Although
the dedication to the city took place in 1983, the City has not
accepted the right-of-way for maintenance because although the
right-of-way is "existing", final completion to City standards and
final inspections has never occurred. The long delay in
construction completion, which is currently incomplete, but
progressing, has been caused by multiple changes in ownership of
the parcels within the subdivision, including a prolonged period
where the property fell into receivership.
Recent progress has been made toward finishing the incomplete
required improvements as a result of the Commission's and Planning
and Development Board's approval in February of this year of a
master plan modification for the PUD. Among other things, this
modification extracted a portion of the PUD from the master plan so
that it could be assembled with the Lake Worth Christian school
property to the north. Subsequent to this action the Commission
approved a rezoning for the extracted portion to unify the zoning
of the extracted portion with the school's current zoning. since
Forest Court is located within the extracted portion and the school
has plans to use the property for expansion of recreational
facilities, abandonment of Forest Court was made a condition of the
rezoning. The requested abandonment will satisfy this condition of
the rezoning. Another condition of the rezoning approval was
submittal of an access agreement to allow granting of access by the
school through the remainder of the PUD. This has been submitted,
but is incomplete and needs to be revised to exclude Forest Road
from the confines of the easement. Therefore, it is recommended
that the missing exhibits and the revisions to this agreement be
made prior to adoption of the resolution for the abandonment of
Forest Court.
ANALYSIS
The city departments involved in review of a request for
abandonment and the utility companies notified of the request are
identified below. Public notice is given to the property owners
that abut the easement to be abandoned. The utility companies and
the city department responses to the abandonment request are
identified below and provided in Exhibit "C".
The applicant's reasons for filing this abandonment and the grounds
that support the request are included in the attached Exhibit "0".
CITY DEPARTMENTS
Engineering Objection based on dispute of
right-of-way ownership.
Page 2
Memorandum #95-381
ABAN 95-002
utilities
No objection
Planning and Zoning As discussed above, dispute of
right-of-way ownership/acceptance needs to be resolved
prior to adoption of resolution. If ownership issue is
resolved and the abandonment application is not premature
or is still necessary, it is recommended that comi>letion
of the access agreement submitted and referenced above
take place prior to adoption of the resolution finalizing
this abandonment.
PUBLIC UTILITY COMPANIES
Florida Power and Light
easement is dedicated.
Southern Bell
No objection,
provided
an
No objection
Florida Gas Company
No objection
Cable Company (Comcast)
No objection
RECOMMENDATION
staff recommends approval of the right-of-way abandonment, subject
to the question of ownership/acceptance being resolved, dedication
of the easement requested by FPL and subject to completion/revision
of the referenced access easement between the owner of the PUD and
the school, prior to Commission adoption of the resolution
finalizing the abandonment.
TJH:dim
Attachments
xc: Central File
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EXHIBIT "A"
That portion of Forest Road established and dedicated by
the Plat of Cedar Ridge, a P.U.D. & High Ridge Commerce
Park, a P.I.D., according to the Plat thereof recorded
at Plat Book 46, Page 58, of the Public Records of Pa~
Beach County, Florida, abutting Lots 36 through 45,
inclusive, of Block 1 of said Plat and abutting the north
75' of Lot 35, Block 1 of said Plat.
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6. That the following qrounds and reasons are submitted in
support of this application:
Property is being transferred to Lake Worth Christian School Society, Inc.
to be utilized as athletic fields. Ingress and egress to and from the property
by Lake Worth Christian School Society, Inc. will be over property owned by
Lake Worth Christian School Society, Inc., allowing access to High Ridge Road.
The abandonment of this road is a condition of an approval of rezoning granted
to La~8 Worth Christian School Society, Inc. by the City Commission of the City
of Boynton Beach.
DATED:
APPLICANT(S) NAME (PLEASE SIGN)
ADDRESS
OF PALM BEACH COUNTY, INC.
BY:
President
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 Abandonl
Vacate) that they have read the same and that the facts therein
set forth are true and correct to the best of their knowledge.
My Commission Expires:
~-p~~te of Flor1ci&
~~ OFFI~t ~tn.
~ 'J. R'CH"~:) "~An'~
, ~I: My CQ"'"",~'on td'.'
'. ; Julv U. 199fi
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DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION MEMORANDUM NO. 95-321
TO:
Sue Kruse
City Clerk
ITt/JlAam l!ukill,
~ngl.neer
August 25, 1995
rn
AUG ? 8 1995
rn
~@rnow~
FROM:
P.E.
L
PLANNING AND
ZONING DEPT.
l^
DATE:
RE:
ROAD ABANDONMENT REQUEST - FOREST COURT/CEDAR RIDGE PUD
Subject application is incomplete as no surveyor any other plat,
map or drawing is attached. We have looked at the plat and the
specific area proposed for abandonment does not appear thereon in
identifiable form. The plat, in fact is unclear as to whether this
road is a City street.
We suggest City attorney Cherof review this plat and determine
whether Forest Court is a City street prior to the abandonment. If
it is, he should determine whether the other similar streets
intersecting Forest Road on it's north side are City streets. Sign
offs should be obtained from affected, or potentially affected
utilities if this goes forward.
This should be held until an ownership determination is made
because several streets in the PUD not currently considered to be
City streets may suddenly become ours.
WVH:ck
xc: James Cherof, City Attorney
Mike Haag, zoning/Site Administrator
C:FORESTC"T.^BN
SPEED LETTER~
FROM
1
Hr. Bill Huldll - .~. .)
TO
Sue Kruse
Director of Development
City Clerk'. . I
Attached is a copy of an application reQuestina the abandou.ent of a road located at the
NortheasternDOst corner of the Plat of Cedar Ridge. a P.U.D. & High Ridge Commerce Park
a P.I.D.. located adjacent to property currently owned by Lake Worth Christian School Societ
rue. & tv Lhc S~dbud~d Rdl1~vdd ~l~L-ui.dY, E. vi H1~h R1d~c Rd.. ~. vi HypvlUAv Rd. dud N.
of Gateway Blvd. The application was submitted by Lake Worth Christian School - Agent is
J. Richard Harris. Esq. Please review and advise of your recommendations for approval or
disapproval in accordance with Land Development Regulations. Article III Section 4a(1) of t~
code. Please respond to this office DATE r;:-. - - , - SIGNED \. /''-'''. ~,-", u
RE~Y with a copy to the Planning Dept. by Aug. 30. 1995.
~pp ~~r~~hpn F.nqinppring nivislon Mp-morandum No. 95-321
- FOlD FOR NO. t
- FOLD FOR NO. 10
DATE R / ) C\ / q C\
SIGNED
. WllsonJones.
RECIPIENT: RETAIN WHITE COPY, RETURN PINK COPV.PLEASE TURN OVER fOR USE WITH WINDOW ENVELOPE.
n
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44-902. Triplicate
44-904 . Quadruplicate
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SPEED LETTERG
TO
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FROM
Mr. John Guidry
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Sue Kruse
Director of Utilities
.\.,L....~' . ,. ~ ~
u', \LnH:.~
City Clerk
SUBJECT
City Commission Public Hearing - Sept. 19, 1995
- FOLONO 9otl0
MESSAGE
Attached is a copy of an application requesting the abandonment of a road located at the
Northeasternmost corner of the Plat of Cedar Ridge, a P.U.D. & ~iih Ridge Commerce Park
a P.I.D., located adjacent to property currently owned by Lake Worth Christian School Societ
Inc. & to th& S&aboard Railroad right-otway. E. ot High Ridg& Rd., s. of Hypoluxo Rd. and W.
of Gateway Blvd. The application was submitted by Lake Worth Christian School - Agent is
J. Richard Harris, Esq. Please review and advise of your recommendations for approval or
disapproval in accordance with Land Development Regulations, Article III Section 4a(1) of tt
code. Please respond to this office DATE ~ SIGNED
REPLY with a copy to the Planning Dept. by Aug. 30, 1995.
m OR.1FT.TTrN
DATE
8/YJ/95
- FOLD FOR NO 9
- FOLD FOR NO. 10
SIGNED
II WllsonJones.
SENDER: DETACH AND RETAIN YELLOW COPY, SEND WHITE AND PINK COPIES. RECIPIENT: RETAIN WHITE COPY, RETURN PINK COpy,
44-902. Triplicate
44-904 . Quadruplicat
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TO
FROM
"
Tambri Heyden
Sue Kruse',.
Planning and Zoning Director
City Clerk
SUBJECT
City Commission Public Hearin
1995
- FOlO NO.9 0' 10
MESSAGE
Attached is a copy of an application requestin~ the abandonment of a road located at the
Northeasternmost corner of the Plat of Cedar Ridge, a P.U.D. & Hi~h Ridge Commerce Park
a P.I.D., located adjacent to property currently owned by LaKe WOLth Christian School Societ
Inc. & to the Seaboard Railroad right-ufway, E. ui Hl~h R.ld~~ Rd., ~. uf Hypoluxo Rd. and N.
of Gateway Blvd. The application was submitted by Lake Worth Christian School - Agent is
J. Richard Harris, Esq. Please review and advise of your recommendations for approval or
disapproval in accordance with Land Development Regulations, of tt
code. Please respond to this of fice DATE SIGNED
REP~ with a copy to the Planning Dept. by Aug. 30, 1995.
/~-Lt_ ~~JtA-
.'~
-P~ Z- ~p1 - ~ ~qc;;- - 477
- FOLD FOA NO 9
. DATE
- FOLD FOA NO. 10
. WllsonJones..
SENDER: DETACH AND RETAIN YEllOW COPY, SEND WHITE AND PIN~ COPIE. RECIPIENT: RETAIN WHITE COPY, RETURN PINK COPY.
1;
,
.
I=PL
Florida Power & Light Company, P. O. Box 2409, Delray Beach, FL 33447-2409
September 1, 1995
Tambri J. Heyden
Planning and Zoning Director
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425-0310
Re: Forest Ct (#95-004) & Miner Rd (#95-005) Right of Way Abandonment
Dear Mr. Heyden:
FPL has no objection to the abandonment of the Forest Court right-of-way of as
described in your letter dated August 9, 1995
FPL has no objection to the abandonment of the Miner Road right-of-way of as described
in your letter dated August 14, 1995, provided that a utility easement is provided on the
east 160 feet of the road right of way. (See the area highlighted in yellOW on the enclosed
drawing.)
If you require any additional information, please call me at (407) 265-3104.
Sincerely Yours,
fJc. /JA~
A. G.~Russillo?Jr.
Major Account Manager
rD) ~ @ ~ u Wt! r ~1
lJU SEP 6 19Co ~
PLANNING AND ~
ZONING DEPT.
an FPL Group company
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August 24, 1995
BELL SOUTH
TELECOAfAfUNICAnONS 0
fD)U~@~U~~.
~J AUG 2 9 1995 i li
Ms. Tambri J. Heyden
Planning and Zoning Director
City of Boynton Beach
P.O. Box 310
Boynton Beach, Fla. 33425-0310
PLANNING AND
ZONING DEPT.
Re: Forest Court - Aban #95-004
Right of Way Abandonment
Dear Ms. Heyden:
BellSouth Telecommunications has no objection to the above referenced
abandonment.
If you have further questions please contact Mr. Chuck Lonsdale at 582-3590.
Yours truly,
(]~CC) mc-~~
Carole D. McKenzie
Specialist
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PUBLIC UTILITIES
COMPANY
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AUG I 8 VN&::j '0J'
P. O. Box 3395
West Palm Beach,
FL 33402-3395
PLANNING AND
ZONING DfPT.
August 16, 1995
--
Ms. Tambri J. Heyden
Planning & Zoning Director
100 E. Boynton Beach Blvd.
P.o. Box 310
Boynton Beach, FL 33425-0310
RE: Firest Court - ABAN #95-004
Right of Way Abandonment
Dear Ms. Heyden:
Please be advised that Florida Public Utilities Company has no
objection to the abandonment of the existing easement described in
your letter.
At the present time, we have no underground gas distribution
facilities located within the limits of the proposed abandonment.
pellico
Engineer
cc: Mr. M. To. Schneidermann
<,
.-
Comeast Cable vISion
01 Wesl Palm Beach, Ine
1401 Norlhpoml Parkway
West Palm Beach, Flonda 33407
00 rn P;I~r, ~ 5~ I~: rn I @
PLANNING AND
ZONING DEPT.
~COMCAsr
August 19, 1995
Tambri 1. Heyden
Planning and Zoning Director
The City of Boynton Beach
100 E. Boynton Beach Blvd
P,O. Box 310
Boynton Beach, Florida 33425-0310
REF: Forest Court - ABAN #95-004
Right of Way Abandonment
Dear Tambri,
Comcast Cablevision has no objections in the right of way abandonment for the above
referenced road.
If you have any further questions, please contact be at (407) 478-5866 ext. 519.
Thank you,
Dominique Aumais
Construction Coordinator
DA/lvl
.
RECEIVED
AUB 24 1995
CITY OF 80YNTON
BEACH
CITY CLERK'S
OFFICE
<::. 1-
c.+ \.)..J,,~.~
'-.:
PLANNING AND ZONING DEPARTMENT
MEMORANDU1 NO. 95-501
Agenda Memorandum for
September 19, 1995 City Commission Meeting
TO: Carrie Parker
City Manager
FROM: Tambri J. HeYden7~
Planning and Zoning Director
DATE: September 14, 1995
SUBJECT: Forest Court - ABAN 95-004
Right-of-way abandonment
Please place the above-referenced request on the September 19, 1995
City Commission agenda under Public Hearing.
DESCRIPTION: J. Richard Harris, agent for Condor Investments and
the Lake Worth Christian School, is i-equesting abandonment of
Forest Court, a 60 foot wide right-of-way dedicated by plat and
located within the High Ridge Commerce Park PID and Cedar Ridge PUD
subdivision.
RECOMMENDATION: The Planning and Development Board, with a 7-0
vote, recommended approval of this request subject to resolution of
the right-of-way ownership issue (as of this date, a legal opinion
of the Engineering Department's concern is still pending),
completion of the access agreement referenced in Planning and
Zoning Department Memorandum No. 95-477, and verification of
dedication of an easement as requested by Florida Power and Light.
Compliance with any conditions of approval shall be completed prior
to adoption of the resolution finalizing the abandonment.
TJH:dirn
Attachment
!I:CCAgenM'e.f'or
'%e City of
'Boynton 'Beach
/0:
./'
100 'E. 'Boyntofl'lJeadi. '1Joukvanl
P.O. ~310
'Boynton 'Beadi., 1fori4a 33425-0310
City:Jfall: (401) 375-6()()()
1"JU: (407) 375-6090
August 9, 1995
Comcast Cablevision of W.P.B., Inc
1401 Northpoint Parkway
West Palm Beach, Florida 33407
Attention: Mr. Do.inique Aumais
Construction Coordinator
Re: Forest Court - ABAN #95-004
Right of Way Abandonment
Dear Mr. Aumais:
Forwarded herewith is a legal description and a sketch of the area
for which public right-of-way abandonment request has been
received. Also attached is a narrative explaining why the
abandonment is requested.
Please advise concerning your interest in the subject right-of-way.
A written response is requested no later than september I, 1995 as
this matter is scheduled for the City Commission meeting of
september 19, 1995. Please direct your response to me at the above
identified address.
Thank you in advance of your anticipated cooperation in this
matter.
Very truly yours,
CITY OF BOYNTON BEACH, FLORIDA
~-5L~~
Tambri J. Hey~n
planning and zoning Director
TJH:dim
Attachment
a:utllaban.lwc
jf~rUas qateway to tlie quifstream
rrfte City of
'Boynton 'Beach
",--
\..... \. I
~ ....'\.t) ,
)
100 'E. 'Boynton ~ 'Bou/r.vartl
P.O. ~310
'Boynton 'Bead&, 1fmitfJJ 33425-0310
City!JlJJll: (.fIJ7) 375-6000
7"fU: (407) 375-6090
August 9, 1995
Mr. Pete Rezzonico
Southern Bell Telephone Company
326 Fern Street, Room 601
West Palm Beach, Florida 33401
Re: Forest Court - ABAN #95-004
R1ght of Way Abandonment
Dear Mr. Rezzonico:
Forwarded herewith is a legal description and a sketch of the area
for which public right-of-way abandonment request has been
received. Also attached is a narrative explaining why the
abandonment is requested.
Please advise concerning your interest in the subject right-of-way.
A written response is requested no later than september 1, 1995 as
this matter is scheduled for the City Commission meeting of
september 19, 1995. Please direct your response to me at the above
identified address.
Thank you in advance of your anticipated cooperation in this
matter.
very truly yours,
CITY OF BOYNTON BEACH, FLORIDA
J~-J~
Tambri J. Heyden
Planning and Zoning Director
TJH:dim
Attachment
..: utilabao .lwc
~mtrU:as (jateway to tlie (juifstream
fJ1ie City of
'Boynton $elUli
~'^3
~/:'G!';'....;'~
~:::ri
. r
100 'E. 'Boyntoa ~ 'lJoukfJtJTti
P.O. ~310
'Boynton 'Beadi, %n-itfa. 33425-0310
City!JlQi{: (.7) 375-6()()()
~JU: (407) 375-6090
August 9, 1995
Florida Public Utilities/Flo-Gas corp.
401 S. Dixie Highway
West Palm Beach, Florida 33401
Attention: Mr. David E. Pellico
Engineer
Re: Forest Court - ABAN #95-004
Right of Way Abandonment
Dear Mr. Pellico:
Forwarded herewith is a legal description and a sketch of the area
for which public right-of-way abandonment request has been
received. Also attached is a narrative explaining why the
abandonment is requested.
Please advise concerning your interest in the subj ect right-of-way.
A written response is requested no later than September 1, 1995 as
this matter is scheduled for the City Commission meeting of
September 19, 1995. Please direct your response to me at the above
identified address.
Thank you in advance of your anticipated cooperation in this
matter.
very truly yours,
CITY OF BOYNTON BEACH, FLORIDA
-~- 5J. ~?~~
Tambri J. Hey&'en
planning and Zon~ng Director
TJH:dim
Attachment
a:utlll!lban.lwc
5blJtmas (jateway to tfu (julfstream
fJ1ie City of
$oynton $eacli
s;~.
)
100 'E. 'Boynton ~ tJJouiefJtJt'ti
P.O. ~310
'Boynton 'Beam, 1forUitJ 33425-0310
City:JlJJll: (407) 375-6()()()
1"!U: (401) 375-6090
August 9, 1995
Florida Power & Light company
P.O. Box 2409
Delray Beach, Florida 33447-2409
Attention: Mr. Rusty Russillo
Account Manager
Re: Forest Court - ABAN #95-004
Right of Way Abandonment
Dear Mr. Russillo:
Forwarded herewith is a legal description and a sketch of the area
for which public right-of-way abandonment request has been
received. Also attached is a narrative explaining why the
abandonment is requested.
Please advise concerning your interest in the subject right-of-way.
A written response is requested no later than September 1, 1995 as
this matter is scheduled for the City Commission meeting of
september 19, 1995. Please direct your response to me at the above
identified address.
Thank you in advance of your anticipated cooperation in this
matter.
Very truly yours,
CITY OF BOYNTON BEACH, FLORIDA
~~ Q'J4M~
Tambri J. He~en
planning and Zoning Director
TJH:dim
Attachment
Il:utilsbl!ln.lwc
Jlmemas (jateway to tfie (julfstream
7 .A. 2
FOREST COURT
ABANDONMENT
PLANNING AND ZONING DEPARTMENT
MEMORANDUM 95-477
FROM:
Chairman and Members
::::::n: . a::y::::z:;:,::; 2 i . ~
Planning and Zoning Directo~~
TO:
DATE:
September I, 1995
SUBJECT:
Forest Court - File No. ABAN 95-004
Right-of-way abandonment
NATURE OF REQUEST
J. Richard Harris, agent for Condor Investments and the Lake Worth
Christian School, is requesting abandonment of Forest Court, a 60
foot wide right of way dedicated by plat. The right-of-way is
located within the High Ridge Commerce Park PID and Cedar Ridge PUD
subdivision. Attached is Exhibit "A" - location map and Exhibit
"B" - legal description and plat of proposed abandonment.
BACKGROUND
Forest Court was dedicated to the City by recordation of the 1983
High Ridge Commerce Park PID and Cedar Ridge PUD plat. Although
the dedication to the city took place in 1983, the city has not
accepted the right-of-way for maintenance because although the
right-of-way is "existingll, final completion to city standards and
final inspections has never occurred. The long delay in
construction completion, which is currently incomplete, but
progressing, has been caused by multiple changes in ownership of
the parcels within the subdivision, including a prolonged period
where the property fell into receivership.
Recent progress has been made toward finishing the incomplete
required improvements as a result of the Commission's and Planning
and Development Board I s approval in February of this year of a
master plan modification for the PUD. Among other things, this
modification extracted a portion of the PUD from the master plan so
that it could be assembled with the Lake worth Christian school
property to the north. subsequent to this action the Commission
approved a rezoning for the extracted portion to unify the zoning
of the extracted portion with the school's current zoning. Since
Forest Court is located within the extracted portion and the school
has plans to use the property for expansion of recreational
facilities, abandonment of Forest Court was made a condition of the
rezoning. The requested abandonment will satisfy this condition of
the rezoning. Another condition of the rezoning approval was
submittal of an access agreement to allow granting of access by the
schcol through the remainder of the PUD. This has been submitted,
but is incomplete and needs to be revised to exclude Forest Road
from the confines of the easement. Therefore, it is recommended
that the missing exhibits and the revisions to this agreement be
made prior to adoption of the resolution for the abandonment of
Forest Court.
ANALYSIS
The city departments involved in review of a request for
abandonment and the utility companies notified of the request are
identified below. Public notice is given to the property owners
that abut the easement to be abandoned. The utility companies and
the city department responses to the abandonment request are
identified below and provided in Exhibit llC".
The applicant's reasons for filing this abandonment and the grounds
that support the request are included in the attached Exhibit "D".
CITY DEPARTMENTS
Engineering Objection based on dispute of
right-of-way ownership.
Page 2
Memorandum #95-381
ABAN 95-002
utilities
No objection
Planning and zoning As discussed above, dispute of
right-of-way ownership/acceptance needs to be resolved
prior to adoption of resolution. If ownership issue is
resolved and the abandonment application is not premature
or is still necessary, it is recommended that completion
of the access agreement submitted and referenced above
take place prior to adoption of the resolution finalizing
this abandonment.
PUBLIC UTILITY COMPANIES
Florida Power and Light
easement is dedicated.
Southern Bell
No obj ection,
provided
an
No objection
Florida Gas Company
No objection
cable Company (Comcast)
No objection
RECOMMENDATION
staff recommends approval of the right-of-way abandonment, subject
to the question of ownership/acceptance being resolved, dedication
of the easement requested by FPL and subject to completion/revision
of the referenced access easement between the owner of the PUD and
the school, prior to commission adoption of the resolution
finalizing the abandonment.
TJH:dim
Attachments
xc: central File
a:Forct.ASS.GWL
E X H I BIT
"A"
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E X H I BIT
"B"
EXHIBIT "A"
That portion of Forest Road established and dedicated by
the Plat of Cedar Ridge, a P.U.D. & High Ridge Commerce
park, a P.I.D., according to the Plat thereof recorded
at Plat Book 46, Page 58, of the Public Records of Pa~
Beach County, Florida, abutting Lots 36 through 45,
inclusive, of Block 1 of said Plat and abutting the north
75' of Lot 35, Block 1 of said Plat.
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6. That the following grounds and reasons are submitted in
support of this application:
Propert, is being transferred to Lake Worth Christian School Society, Inc.
to be utilized as athletic fields. Ingress and egress to and from the property
by Lake Worth Christian School Society, Inc. will be over property owned by
Lake Worth Christian School Society, Inc., allowing access to High Ridge Road.
The abandonment of this road is a condition of an approval of rezoning granted
to L4~e Worth Christian School Society, Inc. by the City Commission of the City
of Boynton Beach.
DATED:
APPLICANT(S) NAME (PLEASE SIGN)
ADDRESS
COND
OF PALM BEACH COUNTY, INC.
BY:
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 Abandonl
Vacate, that they have read the same and that the facts therein
set forth are true and correct to the best of their knowledge.
My Commission Expires:
~-~~~e of Florida
~~ OFFI~l ~V.\..
Il 'J. RtCHAR;.) ""RH'S
S (, My co",.m"~lon E'd'oi
". ; July U. 199(, .
..~4,.,OF~... Comm. Ne. OOIUlliI
......,.....
6-19-87
E X H I BIT
"0"
DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION MEMORANDUM NO.
TO:
Sue Kruse
City Clerk
Ivli~Aam J:Iukill,
~nglneer
August 25, 1995
P.E.
95-321
00 rn@rnowrn rn
AUG 2 8 1995
, PLANNING AND V\
,
t __, ZONING DEPT.
FROM:
DATE:
RE:
ROAD ABANDONMENT REQUEST - FOREST COURT/CEDAR RIDGE PUD
Subject application is incomplete as no surveyor any other plat,
map or drawing is attached. We have looked at the plat and the
specific area proposed for abandonment does not appear thereon in
identifiable form. The plat, in fact is unclear as to whether this
road is a City street.
We suggest City attorney Cherof review this plat and determine
whether Forest Court is a City street prior to the abandonment. If
it is, he should determine whether the other similar streets
intersecting Forest Road on it's north side are City streets. Sign
offs should be obtained from affected, or potentially affected
utilities if this goes forward.
This should be held until an ownership determination is made
because several streets in the PUD not currently considered to be
City streets may suddenly become ours.
WVH:ck
xc: James Cherof, City Attorney
Mike Haag, Zoning/Site Administrator
C:FORESTf'T .ABN
SPEED LETTER@
TO
~.
7,'
FROM
Mr. John Guidry
#, r- r~'"
-:; "",,)
Sue Kruse
Director of Utilities
, . ;
I, L. '.. '-' . -"""
tJ\ lLn\l~
City Clerk
SUBJECT
City Commission Public Hearing - Sept. 19, 1995
- FOLD NO.9 or 10
MESSAGE
Attached is a copy of an application requesting the abandonment of a road located at the
Northeasternmost corner of the Plat 0f Cedar Ridge, a P.U.D. & Hiih Ridge Commerce Park
a P.I.D., located adjacent to property currently owned by Lake Worth Christian School Societ~
IRC. ~ to thQ SQaboard Railroad right-otway. E. of High Ridge Rd., 8. of Hypoluxo Rd. aRd N.
of Gateway Blvd. The application was submitted by Lake Worth Christian School - Agent is
J. Richard Harris, Esq. Please review and advise of your recommendations for approval or
disapproval in accordance with Land Development Regulations, Article III Section 4a(1) of thE
code. Please respond to this office DATE 8. ~ SIGNED
REPLY with a copy to the Planning Dept. by Aug. 30, 1995.
m ORlFr.TICN
DATE
8/YJ/95
- FOLD FOR NO.9
- FOLD FOR NO. 10
SIGNED
,. WilsonJonesoll
SENDER: DETACH AND RETAIN YELLOW COPY, SEND WHITE AND PINK COPIES. RECIPIENT: RETAIN WHITE COPY, RETURN PINK COPY,
44-902. Triplicate
44-904 . Quadruplicate
r -.,---~.-.-.--", 1
j .
Tambri Heyden
Sue Kruse.
TO
FROM
Planning and Zoning Director
City Clerk
SUBJECT
City Commission Public Hearin
1995
- FOLD NO.9 or 10
MESSAGE
Attached is a copy of an application requesting the abandonment of a road located at the
Northeasternmost corner of the Plat of Cedar Ridge, a P.D.D. & Hi~h Ridge Commerce Park
a P.I.D., located adjacent to property currently owned by La~e WOLth Christian School Societ~
,
Inc. & to the Seaboard Railroad rigllt-ofwdy, E. of Hi.~h Ridge Rd., s. of Hypoluxo Rd. and N.:
:
of Gateway Blvd. The application was submitted by Lake Worth Christian School - Agent is
Lt_
.'
- FOLD FOR NO.9
DATE
- FOLD FOR NO. 10
. WilsonJones@
SENDER: DETACH AND RETAIN YELLOW COPY, SEND WHITE AND PIN~ COPIE, RECIPIENT: RETAIN WHITE COPY, RETURN PINK COPY,
.
F=PL
Florida Power & Light Company, P. 0, Box 24U9, Oelray Beach, FL 33447-2409
September 1, 1995
Tambri J. Heyden
Planning and Zoning Director
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425-0310
Re: Forest Ct (#95-004) & Miner Rd (#95-005) Right of Way Abandonment
Dear Mr. Heyden:
FPL has no objection to the abandonment of the Forest Court right-of-way of as
described in your letter dated August 9, 1995
FPL has no objection to the abandonment of the Miner Road right-of-way of as described
in your letter dated August 14, 1995, provided that a utility easement is provided on the
east 160 feet of the road right of way. (See the area highlighted in yellow on the enclosed
drawing.)
If you require any additional information, please call me at (407) 265-3104.
Sincerely Yours,
~.~r.
Major Account Manager
--------~..~
f\o) ~ (n U._~ ~
~Q SEP 6 19~i~ ,IJ
an FPL Group company
PLANNING AND .~
ZONING DEPT.
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Ms. Tambri J. Heyden
Planning and Zoning Director
City of Boynton Beach
P.O. Box 310
Boynton Beach, Fla. 33425-0310
BELL SOUTH
TELECOAfAfUNICAnONS 0
mU ~ @ ~ n Vi fl:fJ1,1
~ AUG 2 9 1995 i -
PLANNING AND
ZONING DEPT.
August 24, 1995
Re: Forest Court - Aban #95-004
Right of Way Abandonment
Dear Ms. Heyden:
BellSouth Telecommunications has no objection to the above referenced
abandonment.
If you have further questions please contact Mr. Chuck Lonsdale at 582-3590.
Yours truly,
G~CC)mc-~~
Carole D. McKenzie
Specialist
--
,-
JiLL
f~~.;.' ,.,
FL.'O\RIDA
PUBLIC UTILITIES
COMPANY
m
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AUG I 8 /995 i UJ !
c~ J
P. O. Box 3395
West Palm Beach,
FL 33402-3395
PLANNING AND
ZONING DEPr
August 16, 1995
Ms. Tambri J. Heyden
Planning & Zoning Director
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425-0310
RE: Firest Court - ABAN #95-004
Right of Way Abandonment
Dear Ms. Heyden:
Please be advised that Florida Public Utilities Company has no
objection to the abandonment of the existing easement described in
your letter.
At the present time, we have no underground gas distribution
facilities located within the limits of the proposed abandonment.
pellico
Engineer
cc: Mr. M. L. Schneidermann