REVIEW COMMENTS
DEVELOPMENT SERVICES DEPARTMENT
MEMORANDUM NO. PZ 99-229
TO: Chairman and Members
Planning and Development Board
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THRU: Michael W Rumpf
Planning and Zoning Director
FROM: Daniel DeCarlo
Assistant Planner
DATE: September 24, 1999
SUBJECT: Eckerd Abandonment (ABAN 99-003)
NE 4th Street
NATURE OF REQUEST
Donna West of Carnahan, Proctor & Cross, Inc., agent for Gary P. Eldelstein of Boynton
Federal Development Inc., property owner, is requesting abandonment of a portion of the
NE 4th Street right-of-way located between Boynton Beach Boulevard and NE 3rd Avenue,
which is also described as follows:
. A portion of that certain 20.00 foot right-of-way lying between blocks 7 and 8 of
"Roberts Addition to the town of Boynton Beach" as recorded in plat book one at page
51 of the public records of Palm Beach County, Florida, being more particularly
described as follows:
Begin at the northwest corner of lot 2 of said block 8; thence run south 00 degrees 00
minutes 00 seconds west along the west line of said block 8 for a distance of 289.99
feet to a point lying on the north right-of-way line of Boynton Beach Boulevard; thence
run north 88 degrees 55 minutes 15 seconds west along said north line for a distance
of 20.00 feet; thence run north 00 degrees, 00 minutes 00 seconds east along the east
line of said block 7 for a distance of 289.99 feet to the northeast corner of said block
7; hence run south 88 degrees 55 minutes 15 seconds east along the south right-of-
way line of Northeast 3rd Avenue for a distance of 20 feet to the point of beginning.
Those parcels adjacent to the subject right-of-way are being purchased and assembled for
the development of an Eckerd Drugstore. A site plan for the project, showing the planned
establishment of all required easements and necessary relocations, is being processed
concurrently with this abandonment request. The attached Exhibit "A" is a survey that
shows the location of the right-of-way and includes a legal description for that portion of
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Page 3
Memorandum No. PZ 99-229
ABAN 99-003
the right-of-way to be abandoned.
Florida Power and Light, Bell South and Florida Public Utilities Company all require
easement rights adequate to preserve utilities within this area. This is effectively dealt with
in the conditions of approval, whereby the applicant must show that such easements are
established prior to final approval of this request.
ANALYSIS
Public notice has been given to the property owners that abut the right-of-way to be
abandoned, and has been advertised in the newspaper. A summary of the review by the
utility companies and city staff as follows:
CITY DEPARTMENTS
Engineering
No objection.
Utilities
The Utilities Department has no objection
subject to the developer relocating all
water and sewer lines to a new utility
easement in accordance with the new site
plan prior to finalizing the abandonment.
Planning and Zoning
No objection as long as conditions of
approval are met.
PUBLIC UTILITY COMPANIES
Florida Power and Light
FPL has overhead facilities in the alleyway
that will need to stay to provide service to
the existing Bud's Restaurant, therefore a
ten foot easement will need to be granted
to FPL.
Bell South
BellSouth has existing facilities in the
right-of-way of NE 4th Street. BellSouth
will agree to the abandonment provided
they are reimbursed to relocate their
existing facilities and granted an
easement for the replacement facilities.
c
Page 3
Memorandum No. PZ 99-229
ABAN 99-003
Florida Public Utilities Company -
FPUC has existing gas facilities within
The area proposed to be abandoned.
They object to the abandonment unless
all relocation expenses are paid and a
Separate easement is granted.
Cable Company (Comcast
Telemedia, and
Adelphia)
No objection.
The following is a description of the zoning districts and land uses of the properties that
surround the subject request.
North -
Commercial property zoned CBD (Central Business District) .
East -
Various commercial uses zoned CBD, and farther east, Federal
Highway.
South -
Commercial property zoned CBD.
West -
Bud's Chicken and Seafood and farther west the FEC railroad.
RECOMMENDATION
Staff recommends approval of this request, subject to comments included in Exhibit "B"
- Conditions of Approval.
xc: Central File
S:\Planning\SHAREDlWP\PROJECTS\ - staff report-eckerdaban,doc
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FILE: UNIVERSAL REALTY
SCALE: 1--100'
ORDER NO.: 37850
DATE: JULY 9, 1999
RIGHT-OF-WAY VACATION
BOYNTON BCH. BLVD./N.E. 4TH ST.
FOR: UNIVERSAL REALTY
EXHIBIT A
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SKETCH AND LEGAL DESCRIPTION
BY
PULICE LAND SURVEYORS, INC.
5381 NOB HILL ROAD
SUNRISE, FLORIDA 33351
TELEPHONE' (954) 572-1777 . FAX' (954) 572-1778
E-MAIL' surveys@pullcelo.ndsurveyors,coM CERTIFICATE OF AUTHORIZATION #LB3870
LEGAL DESCRIPTION: RIGHT-OF-WAY VACATION
A PORTION OF THAT CERTAIN 20,00 FOOT RIGHT-OF-WAY LYING BET'M:EN BLOCKS 7 AND 8 OF
"ROBERTS ADDITlON TO THE TOWN OF BOYNTON BEACH" AS RECORDED IN PLAT BOOK 1 AT PAGE 51 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF LOT 2 OF SAID BLOCK 8; THENCE RUN SOUTH 00 DEGREES 00
MINUTES 00 SECONDS WEST ALONG THE WEST LINE OF SAID BLOCK 8 FOR A DISTANCE OF 289.99 FEET
TO A POINT LYING ON THE NORTH RIGHT-OF-WAY LINE OF BOYNTON BEACH BOULEVARD; THENCE RUN
NORTH 88 DEGREES 55 MINUTES 15 SECONDS WEST ALONG SAID NORTH LINE FOR A DISTANCE OF 20,00
FEET; THENCE RUN NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE EAST LINE OF SAID
BLOCK 7 FOR A DISTANCE OF 289,99 FEET TO THE NORTHEAST CORNER OF SAID BLOCK 7; THENCE RUN SOUTH
88 DEGREES 55 MINUTES 15 SECONDS EAST ALONG THE SOUTH RIGHT-OF -WA Y LINE OF NORTHEAST 3RD
AVENUE FOR A DISTANCE OF 20,00 FEET TO THE POINT OF BEGINNING,
SAID LANDS CONTAINING 5,800 SQUARE FEET, MORE OR LESS,
NOTES:
1) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY,
2) BEARINGS ARE BASED ON THE WEST LINE OF BLOCK 8
BEING SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST.
S88'SS'WE
20.00'
N.E. 3RD AVENUE
POINT OF BEGINNING
NORTHWEST CORNER LOT 2
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John F. Pulice, Reg. Land Surveyor #2691
Michael Charles Flynn, Reg, land Surveyor #3281
Jay Keri, Reg. Land Surveyor #5721
State of Florida
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