LEGAL APPROVAL
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MEMORANDUM
TO:
AL NEWBOLD, DEPUTY DIRECTOR
BUILDING DEPARTMENT.
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FROM:
SUE KRUSE, CITY CLERK
DATE:
AUGUST 19, 1997
RE:
ABANDONMENTS -RESOLUTIONS #R97-130, #R97-131 AND
#R97-132
Attached please find copies of the above mentioned abandonments which were recorded
in Palm Beach County on August 14, 1997.
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C: Planning
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M E M 0 RAN DUM
.September 26, 1988
TO: Mr. Peter Cheney
City Manager
FROM: Tom Clark
City Engineer
RE: Abandonment of R.O.W. 's thru City Prope.rty, 300 ft. west of
Nickels Road; Application to the County
Reference is made to my memo of September 13, 1988 concerning
requirements for the subject application.
Other documents required include a list of owner's within 300 ft.
of the Rights-of-Way to be abandoned and calculations for the
(80% of value) "privilege Fee" based on assessed value of adjacent
property. I recommend that the application include a request that
all fees be waived, including a $400.00 filing fee. Pat Franklin
of the County R.O.W. section says the calculations will be necessary,
even if the fee waiver is requested.
Commission approval may be desired prior to submission of the com-
plete package to the County so I am forwarding herewith a sketch
of the Rights-of-Way to be abandoned and a copy of the legal
description. Quentin Avenue has been deleted fr6~ the application
since it is already under construction, west of Nic~els Road, to
s~rve houses being built west of the City property on the south side
of the roadway;.
A copy of the proposed "Notice of Intent" which the City must
advertise and document for the County is also included along with
atcopy of "Grounds and Reasons".
I will get the information and materials required and complete the
application as soon as possible.
~7~ =
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Tom Clark
TAC/ck
attach.
cc: George Hunt, Assistant City Manager
Betty Boroni, City Clerk
Carmen Annunziato, City planner
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PETITION TO ABANDON/VACATE
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TO: BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY, FLORIDA
The undersigned hereby petitions the County of Palm Beach
Commissioners to vacate, abandon, discontinue and close (See
Exhibit #1) and to renounce and disclaim any right of the County
and the public in and to any land in connection therewith.
The undersigned hereby certify:
1. Legal Description of the petition site. (Exhibit #1)
2. The title of interest of the County and the Pubic in and to
the right of way was acquired and is evidenced by West Boynton
Plat 2B and 2C, Pages 13 and 14, recorded in plat Book 15 Page
13 and 14, Public Records of Palm Beach County, Florida.
3. That attached hereto is a sealed Survey sketch accurately drawn
to show the described right of way to be abandoned, showing
boundaries of abutting properties, to the site, all encroachments,
drainage and/or utility easements and existing structures.
(Exhibit #2)
4. The attached hereto is a location map which clearly and legibly
identifies the location of the petition site in relation to the
nearest public right of way and all affected properties.
(Exhibit #2)
5. The attached hereto is a listing which clearly and legibly
identifies the ownership, includes correct mailing addresses
and legal description of the affected properties. (City of
Boynton Beach, P.O. Box 310, Boynton Beach, Fl 33425)
6. The following constitutes a complete and accurate schedule of
all owners abutting the petition site:
Name
Address ,pescription of Property
City of Boynton Beach
P.O. Box 310 Boynton Beach, Fl 33425
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7. The undersigned certify that in the event this petition is
granted, the abandonment of the subject right of way will
prevent no other property owner from access to and from their
property.
8. The undersigned certify the petition site is not a part of any
State of Federal highway and was not acquired or dedicated for
state and Federal highway purposes; and that such Right of Way
is under the control and jurisdiction of the Board of County
Commissioners.
9. That proof of publication of "Notice of Intent" is attached
hereto and made a part hereof. (Exhibit #3)
10. That the petitioner's ownership and/or interest in and to the
petition site is evidenced by an instrument recorded in Official
Record Book 674, Page 102, Public Records of Palm Beach County
Florida. A certified copy of that source instrument is attached
hereto. (Exhibit #4)
11. ~~ That the right of way to be abandoned is not within the
corporate limits of any municipality.
12. This petition site is not subject to a privilege fee.
13. The undersigned submits as grounds and reasons in support of
this petition the following: (Exhibit #5)
Date
City of Boynton Beach
(Name of Corporation)
(Signature of Petitioner)
P.O. Box 310
(Address
Boynton Beach, Fl 33425
(Print Petitioner's Name)
(Indicate position if Corporation)
--------~---~,--~-~---~-~-----~----------~-------------------------
-3-
Who being first duly sworn by me this day depose and state that
they are the Petitioners in the foregoing Petition for Abandonment.
They have read the same and that the facts therein set forth are
true and correct to the best of their knowledge.
Notary Public.
EXHIBIT #1
Legal Description of Nine (9) Public Right of ways
Nine parcels of land located in Section 19, Township 45 South, Range 43 East, Palm
Beach County, Florida that are dedicated public right of ways in WEST BOYNTON
PLAT 2-B and WEST BOYNTON PLAT 2-C according to the plats thereof on file in
the Office of the Clerk of the Circuit Court in and for said Palm Beach County,
recorded in Plat Book 15 Pages 13 and 14, being more particularly described as
follows:
(1) A 300 foot section of the 40 foot right-of-way named GENEVRA AVE. lying north
of .LOTS B through 16 all in BLOCK 6 in said WEST BOYNTON PLAT 2B.
(2) A 300 foot section of the 40 foot right-af-way named HARLOWE AVE. lying between
LOTS 23 through 31 BLOCK 6 and LOTS 8 through 16 BLOCK 7 in said WEST BOYNTON
PLAT 2B.
: 3) A 300 foot section of the 40 foot right-of-way named IVANHOE AVE. lying between
LOTS 23 through 31 BLOCK 7 and LOTS S through 16 BLOCK 8 in said WEST BOYNTON
PLAT 2B,
( 4 i
A 300 foot section of the 40 foot right-of-way named KITELY AVE. lying between
LOTS 23 through 31 BLOCK S and LOTS 8 through 16 BLOCK 9 in said WEST BOYNTON
PLAT 2B,
/
15\ A 300 foot section of the 40 foot right-of-way named LOTHAIR AVE. lying between
LOTS 23 through 31 BLOCK 9 and LOTS S through 16 BLOCK 10 in said WEST BOYNTON
PLAT 2B,
(6) A 304 foet section of the 40 foot right-of-way nailed NOREEN AVE. lying NORTH of
LOTS 26 through 34 BLOCK 6 in said WEST BOYNTON PLAT 2C.
171 A 304 foot section of the 40 foot right-of-way named OBERON AVE. lying between
LOTS 41 through 49 BLOCK 6 and LOTS 26 through 34 BLOCK 7 in said WEST BOYNTON
PLAT 2C.
(8) A 304 foot section of the 40 foot right-of-way named PANDORA AVE. lying between
LOTS 41 through 49 BLOCK 7 and LOTS 26 through 34 BLOCK 8 in said WEST BOYNTON
PLAT 2C.
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(91 UENTIN AVE. lying between
K 9 in said WEST BOYNTON
SAMPLE OF PROOF OF PUBLICATION
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THE PALM BEACH POST
Published Daily and Sunday
West Palm Beach. Palm Beach County, Florida
I-ROOf 01-' Pt'nllL\TIO~
~TATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared Bar bar aM. Me Cor d
who on oath says that shet'lre is C I ass. A d v . ME! r. of The Palm Beach Post.
a daily and Sunday newspaper published at West Palm Beach in Palm Beach County,
Florida; that the attached copy of advertising, being a Not 1 c: ~
in the matter of
in the
the issues of
in ten t
Court, was published in said newspaper in
February 13, 1987-
A(fia~t further says that the said The Post is a newspaper published at West Palm
Beach, in.said Palm Beach County, Florida, and that the said newspaper has heretofore
been continuously published in said Palm Beach County, Florida, daily and Sunday and
has been entered as second class mail matter at the post office in West Palm Beach, in
said Palm Beach County. Florida. for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant further says that she/he
has neither paid nor promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for publication in
the said newspaper. ~~ IJ1 J1!C ~
Sworn to and subscribed before me this 13 day of .' F e b r u a r y A.D. 19 ~
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SAMPLE OF ~RCOF OF PUBLICATION
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LEGAL AD
SAMPLE
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LEGAL AD SAMPLE
The legal ad must contain a description of the site to be abandoned.
The le~al ad must be published once a week for two weeks.
The legal ad must contain the name(s) of the petition(s).
, .
(AFF611.T-07.18/86-[30,30]
AFFIDAV IT FOR
:f ABANDON}lENT PETITIilli
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ~~, the undersigned authority personally appeared
who after being sworn, stated the following:
1. That I have prepared the complete list of all owners of affected
property, their mailing addresses, and the legal descriptions of
those properties within three hundred (300) feet of the Petition
Site as set forth in the 1985 Official Tax Roll. as such Exhibit
"D" is attached to the Petition to Abandon.
2. That to the best of my knowledge, said list is complete and
accurate.
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?Ae. ,t;;)+~e. R..
.)1 day of July. 1986.
SHORN TO AND SUBSCRIBED'BEFORE z.~ this
,'..~.NOTARY SEAL)
"- - .
~OI~Y PUBLIC, STAtE OF FLORIDA
~~ Commission Expires:
'" I Of rt~.r :.1,) "I LiJrbl'
Net::r.,. PUb"~C .." e. . "2 1 ':189
t plies July t .
My Conm11',SIOIl.\ r .,,,",OJ 0\ ~"'~,,<.
BOfl\leo' 6. ~..HL.U U,\tJ1J"U I.: '.
SN-1PlE OF AFFIDAVIT VERL1:<YING
PROPERlY ~ WI'IHlli 300 FEET
OF PETITION SITE
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PAlli BEACH COUNTY DEED
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THIS DEED, Made this 28 day of August
, A. 'D. 19 61
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PALM BEACH COUNTY, FLORIDA, party of the first part, and
CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation
under the laws of the state of Florida,
part Y o'f the second part.
't-TITNESSETH, That the said party of the first part, for and in considera-
tion of the sum of One & No/IOO-------------------------------- Dollars
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($1.00 ) to it in hand paid by .the part Y of the second part, receipt whereof is
hereby aCknowledged, has granted, bargained, and sold to the part y of the second
successors
part, its/ ~ and assigns forever, the folloliLng described land lying and
being in Palm Beach County, Florida:
WEST BOYNTON PLAT 2B AS IN PB 15 p 13 BEING A SUB-
DIVISION OF E 3/4 of st of NWi, Sec. 19 - 45 - 43
Certificate Description Block
#2441 . Lots 20 to 23 inc. 6 ./
Lots 18 & 19 7 v
Lots 8, 9, 30 & 31 9~
Lots 12 & 19 to 23 inc. 10~
Lots 8 to 19 & 24 to 31 inc. 6~
Lots 8 to 17 & 20 to 31 inc. 7~
Lots 8 to 31 inc. 8..-
Lots 10 to 29 inc. 9/
Lots 8 to 11 & 24 to 31 inc. 10~
#2443 Lots 13 to 18 inc. 10....
WEST BOYNTON PLAT 2C AS IN PB 15 P 14 BEING A SUBDIVI-
SION OF NWi of swt N of BOYNTON ROCK ROAD & NEt of swt
Sec. 19 - 45 - 43
Certificate Description
#2444 Lots 26 to 49 inc.
Lots 26 to 49 inc.
Lots 26 to 49 inc.
Lots 26 to 49 inc.
#2442
Block
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9v
If This deed is executed pursuant to Resolution
of the Board of County Commissioners
i adopted August 28, 1961.
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S TA i E ClF FLORIDA
DOCUMEN!~TAMP T A)
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COMPl1'CLLER\ ;':'-::'-'::; ~ ~
PB.1901 ~ L. ~o""i::2/
IN 1{[TNESS ,^JHEREOF, the said party of\.. the first part has caused these
presents to be executed in its name by its Board of County Commissioners, acting
by the Chairman (or Vice Chairman) of said Board, the day and year aforesaid.
PAJ111 BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY COMMISSIONERS
By: Ai,,~ ~~ . ~
Its . ha1rman or 1c~aJ.rma.'1)
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STATE OF FLORIDA I
I SS.
C:OUNTY OF PALl\I BEACH)
1. .lOI IN B. DUNKLE, Clerk of the Circuit Court of
the Fi [tcenth Judicial Circuit of Florida, in and for Palm
Bcach County. do hereby certify the last ueed of record to the
f()llo\\'in~ descrihed property wus recorded in the Official
Recof(ls of Palm Bcach County on the ........................'.?...................... day
of . ... ....1"'(~'?:::.1...~.1~......................... ...... 19.i.....:........... and is recorded in
Official hecord Book ....................
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with 1~:'..~
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nnu ..t',' 1
.:.'...... as grantees.
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SAMPLE OF CLERK OF 'lliE CIRCUIT OOlffiT
TIlLE CERTITICATION FORH ~
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IN \VITNESS \VHEREOF, I have hereunto set my hand
and seal of said Court at \Vest Palm Beach. Florida. this the
A. D. 19'::.:.~.......
..... ..........:..~..... ..... day of ....... .............,.~.....!..:......................
_--;..~~.~i~ JOlIN 13. OUi'\KLE.
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Clerk of Circuit Court
Palm Bcach County. Florida
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By ~: ~~..,.::..,.,.....(.,...r:. ..... .... ...:....>..~.:.:.............
lJCfJuty Clerk
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MEMORANDUM
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16 August 1988
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TO:
Thomas A. Clark, City Engineer
FROM:
Carmen S. Annunziato, Planning Director
RE:
Palm Beach County Abandonment Application -
City Property on Nickles Road
Accompanying this memo you will find an abandonment procedure
packet for request to abandon public properties and easements in
unincorporated Palm Beach County. This application must be
completed in connection with the proposed abandonment of the
undeveloped roadways adjacent to the property the City owns along
Nickels Road.
When completed, I will file the application with Palm Beach
County.
Thank you.
c~ de ~
CARMEN S. ANNU~IATO
/bks
cc: City Manager
.:1
Board of County Commissioners
\' '
, 'Carol A. Roberts, Chair
Carol J. Elmquist, Vice Chairman
Karen T. Marcus
Dorothy Wilken
Jim Watt
County Administr.
Jan Winters
Department of Enginel
and Public Works
H. F. Kahlert
County Engineer
Subject: PALM BEACH COUNTY ABANDONMENT PROCEDURES - ORDINANCE 86-18
Gentlemen:
Thank you for your recent request of information for abandonment/vacation
procedures in Palm Beach County. For your review and guideline, we
enclosed a copy of the current Abandonment Ordinance and a sample petition.
Please note the $400.00 fee established to cover our costs of processing.
A check or money order in this amount, made payable to the Board of County
Commissioners, Palm Beach County, should accompany the petition.
This office requires five (5) sets of the petition for expedient process-
ing (one set containing original signatures and appropriate seals).
Past experience indicates you should allow four (4) months for finalization
of the abandonment/vacation. If we may be of any service to you in this
matter, please contact Beverly A. Hansen at 684-4110 for further information.
Sincerely yours,
OF~JTH~ COU~T~NEER .
~(/:;ht~
Patricia A. Franklin, Manager
Right-of-Way Section
RBCBIV"BD
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?\J\NN\NG Ot.P1.
-----------
PAF:BAH:
Enclosures: Abandonment Ordinance
Petition Outline
.. An Equal Opportunity - Affirmative Action Employer"
BOX 2429 WEST PALM BEACH, FLORIDA 33402-2429 (407) 684-4000
Board of County Commissioners
" "
... Carol A. Roberts, Chair
Carol J. Elmquist, Vice Chairman
Karen T. Marcus
Dorothy Wilken
Jim Watt
County Administra
Jan Winters
Department of Enginee
and Public Works
H. F. Kahlert
County Engineer
Subject: PALM BEACH COUNTY ABANDONMENT PROCEDURES - ORDINANCE 86-18
Gentlemen:
Thank you for your recent request of information for abandonment/vacation
procedures in Palm Beach County. For your review and guideline, we
enclosed a copy of the current Abandonment Ordinance and a sample petition.
Please note the $400.00 fee established to cover our costs of processing.
A check or money order in this amount, made payable to the Board of County
Commissioners, Palm Beach County, should accompany the petition.
This office requires five (5) sets of the petition for expedient process-
ing (one set containing original signatures and appropriate seals).
Past experience indicates you should allow four (4) months for finalization
of the abandonment/vacation. If we may be of any service to you in this
matter. please contact Beverly A. Hansen at 684-4110 for further information.
Sincerely yours,
OF79JTH: COU~T~NEER
~tf~~
Patricia A. Franklin. Manager
Right-of-Way Section
PAF:BAH:
Enclosures: Abandonment Ordinance
Petition Outline
R'EC'BI\T"BD
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p..\J1J
\'\.J\t'H~\NG DE-P.\,
-----------
"An Equal Opportunity - Affirmative Action Employer"
BOX 2429 WEST PALM BEACH, FLORIDA 33402-2429 (407) 684-4000
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ACCEPTABLE SAMPLE FORM ABANDONMENT/VACATE PETITION
PETITION TO ABANDON/VACATE
TO: BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY, FLORIDA
The undersigned hereby petitions the County of Palm Beach Commissioners
~~> Qci; I_~\' / ';:, I
to vacate, abandon, discontinue and close (use an introductory description of
petition site) and to ren~unce and disclaim any right of the County and the
public in and to any land in connection therewith.
The undersigned hereby certify:
1. Legal Description of the petition site. (Exhibit #~)
2. The title of interest of the County and the Public in and to the (Easement,
W ~~'V~>h~-1 PJ,q- z.. f5~'Md Z CI//, . )
Plat, or Right of Way) .was acquired and is evidenced by^,Plat 1" and'~ . J
17 I 3. tJ.-v-,( 14-- '/ +') 1-
TC<'r4-- Identiflcation, or type of Deed) recorded in Plat Book l/tJPage II J ,--Roacl---7'
rBoolc----#--ancF Pdge' " o~ff:ic:.ial-Reeord-B6ok' dnd-page-I-}, Pub 1 i c Records
of Palm Beach County, Florida.
3. That attached hereto is a sealed Survey sketch accurately drawn to show the
described ~1~~~ right of way) to be abandoned, s~owing boundaries
of abutting properties, to the site, all encroachments, drainage and/or util-
i ty easements and exi sti ng structures: (Exhi bit # ~
4. The attached hereto is a location map which clearly and legibly identifies
the location of the petition site in relation to the nearest public right
of way and all affected properties: (Exhibit # b
5. The attached hereto is a listing which clearly and legibly identifies the
ownership, includes correct mailing addresses and legal description of the
affected properties. XExb:tb<i~co~tL_--),' Ca.7 J.~':>:::"'cLt/.'..-""'1." ~~cQ;:"". f\ /36/ ~'
~hat-a ttached hereto is an a ffi da vit a ttestl n/t[~~/ V;'~ity :f ~;~c- z;-
, ownershi p 1 i sti ng of the affected properties'n (E~hib:i:t-#'-'--1-
X .:r-ha-t.-attached hereto is the approval of;'or-~onsent-t6',this petition by
the utility providing service to or within the petition site and/or the
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dra i nage di stri ct havi ng juri sdi cti on over the petiti on site. (-Exll i b i"t"-#_:.::.~3' .
-2-
~ ~ The following constitutes a complete and accurate schedule of all owners
abutting the petition site:
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Address
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Name
The .9';'~fs ab"ve /ha~e si~edan~.4e~/ilt~~ CO~b~tlie
tnrm?<of~Ub7r;'g!0~1~d!JPf( cf~;( ~n~tiched
herett:'nd made a part hereof. -{-tXhl b1 t,. _) AJJ}(I '
)7 ~ The undersigned certify that in the event this petition is granted, the
abandonment of the subject right of way will prevent no other property
owner from access to a~d from their property land-no-otner ~roperty ow~
~e=vi ci Ai ty wi H- be--adverse1y-a-ff&'re-d-:--,
~. ~The undersigned certify the petition site is not a part of any State or
Federal highway and was not acquired or dedicated for State and Federal
highway purposes; and that such Right of Way is under the control and
1
16
jurisdiction of the Board of County Commissioners.
)1. That proof of publication of "Notice of Intent" is attached hereto and
made a part hereof. (Exhibit #~)
~ That the petitioner's ownership and~or interest in and to the petition
site is evidenced by an instrument recorded in Official Record Book~,
Page )O~, Public Records of Palm Beach County, Florida. A certified
copy of that source instrument is attached hereto. (Exhibit #~
~t-tac-hed-here-to-and made-a- pa r-t-hereof-ts- ev; derrce-of--payment .of
'a 11 current taxes-on -sa i d property. __-'-E-xh.:i.bJ-t=JA-=-J vV c0;
11 /a) That the (Pl at, Ri ght of Way, or Easement) to be abandoned is not
v
as
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\1/ XX 1'fta.t This petition site is not subject to a privilege fee. ~
b) rTlia.t-th'i-~~~Ubject to a privil~amountm
of $ Sa i d amount sUbm;.t.:::-~ . The docu-
- ..---- -
mentation sup~~!.~ing.the'calculation of the privilege feea-s-attached
hereto. (Exhi bi t # )
~ The undersigned submits as grounds and reasons in support of this petition
the following: (Exhibit #~)
Date
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lJ>\ oj ..~.A n \'~/,1 -".1:.". ;"-' ,"f'
(Name\of Corporation)
Y~(S".I ~S \ 0 p ":>;:.... 1
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(Address)
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-~ <..--'"
(Signature of Petitioner)
(Print Petitioner's Name)
(Indicate Position if Corporation)
-------------------------------------------------------------------------------
Who being first duly sworn by me this day depose and state that they are
the Petitioners in the foregoing Petition for Abandonment. They have read
the same and that the facts therein set forth are true and correct to the
best of their knowledge.
Notary Public
INSTRUCTIONS & EXPLANATIONS
.
The following are explanations of the required exhibits that must
accompany the petition app1iction for abandonment determination.
PETITION APPLICATION PROCEDURE
In addition to any other information required by the Department, the petition
shall contain the following:
(1) Legal description of Petition Site - a complete and accurate legal descrip-
tion of the Petition Site.
(2) Public Interest - a statement identifying the petition site as being:
a. Type of easement; (utility, drainage, access, etc.),
b. plat; (Name of plat),
c. a public right of way; (Name of Street, if known)
The statement shall identify the source of the County's or pub1ic's
interest, together with a reference to the recording information for
same (Plat Book, Deed)
(3) Survey - a certified land survey measuring no less than 8~" x 14" and
no larger than 11" x 17" shall be prepared by a Florida registered land
surveyor in accordance with the minimum technical standards of Section
472.027, Florida Statutes, and Chapter 21HH-6, Florida Administrative
Code, and attached as an exhibit to the petition. The survey drawing
.
shall show, in addition to the petition site, the following:
a. The boundaries of abutting properties; and
b. The square footage of the Petition Side; and
c. Existing structures, utilities, easements, encroachments and
other improvements, including but not limited to the location
of underground or surface utility lines and equipment, ditches,
fences, buildings, pathways, and drainage structures located
within the Petition Site.
Page 2
(4) Location map - a drawing measuring not less than 8~" x 14" and no
larger than 11'1 x 17" which clearly and ~egibly identifies the
location of the Petition Site in relation to the nearest public
right of way, (excluding the Petition Site) as well as all affected
properties. The location map may be located on the survey in a
separate block. (This procedure is required if & the petition site
is subject to a Public Hearing, Section X(l)).
(5) List of owners of affected property - (This procedure is required if
& the petition site is subject to a Public Hearing, Section X(l)).
(6) A complete list of all owners of affected property, their mailing
addresses and legal description of the property owned. All owners of
abutting property shall be so designated on this list. The petition
shall state the source of the information used to compile the list and
shall contain an affidavit of the preparer that to the best of his
knowledge said list is complete and accurate. If the affected property
is under the jurisdiction of a unit association, this requirement of
notice to affected property owners may be fulfilled by mailing such
notice to said unit owners' association, provided, however, that all
abutting property owners must also be separately notified. Said list
shall be accompanied by a Number Ten (10) white envelope for each
affected property owner as follows:
a. The following return address shall be printed or typed thereon:
Engineering and Public Works Department
Attn: Right of Way Acquisition Section
Post Office Box 2429
West Palm Beach, Florida 33402
b. It shall be pre-stamped with sufficient postage for certified,
return receipt postage for addresses in the United States and
registered mail postage for addresses in foreign countries.
DO NOT USE PREDATED METER POSTAGE.
c. A properly completed certified mail receipt shall be clipped
to each envelope.
Note: band c are needed only if the petition site is a public right of way
or a public drainage easement.
Page 3
(7) Utility Services and drainage district approvals - the written approval
or consent of the utility providing service to or within the Petition
Site shall be attached to the petition. In the case of any petition
affecting drainage easement, canals, lakes or other water management
systems, the written approval or consent of the drainage district or
unit association having jurisdiction over the Petition Site shall also
be attached to the petition.
(8) Abutting property owners - abutting property owners should be listed
as indicated. The consent of those owners, other than the petitioner,
should be attached and identified.
(9) Access to affected property - the petition shall contain a statement
that to the best of the Petitioner's knowledge, the granting of the
petition would not affect the ownership or right of convenient access
of persons owning other parts of the subdivision. (This statement
applies to Right of Way abandonment requests only.)
(10) Federal or State highway statement - the petitioner shall certify
that the Petition Site, or any portion thereof, is not a part of any
State or Federal highway and was not acquired or dedicated for State
or Federal purposes. (This statement applies to Right of Way abandon-
ment requests only.)
(11) Notice of Intent - Proof of publication of the Notice of Intent required
by Section VII shall be attached to the petition.
(12) Evidence of title - the petition shall state the source of petitioner's
ownership or interest in and to the Petition Site, and a reference to the
recording information for that document. A copy of the source instrument
shall be certified by the Clerk of the Circuit Court and attached to the
petition.
(13) Evidence of taxes paid - the petition shall state that all state, municipal
and county taxes on the Petition Site have been paid. The certificate(s)
of the Tax Collector's Office certifying payment of same (as payment is
defined in Section 177.101 (4), Florida Statutes) shall be attached to the
petition. If the Petition Site or any portion the~eof is tax~exempt, the
petition shall so state and a copy of the tax roll from the Tax Collector's
Office which shows such exemption shall be attached to the petition.
Page 4
(14) Municipal resolution - the petition shall state whether the Petition
Site lies within the corporate limits of a municipality, within the unincorporated
area, or both. If any portion of the petition site lies within the corporate
limits of a municipality, the municipality shall first abandon its interest
in the Petition Site by appropriate resolution, and a certified copy
of the municipal resolution shall be attached to the petition.
(15) Fees - the petition shall state whether the petition site is subject
to the privilege fee, the amount of said fee, and that the application
fee is submitted therewith. The petition shall include the appropriate
documentation supporting the petitioner's calculation of the privilege
fee.
(16) Justification - the petition shall detail the relevant reasons in support
of the petition.
DEFIN ITIONS
Attached is a list of definitions for particular terms used
throughout the petition application.
(1) Abandon - the term abandon, and any variant thereof, shall
be deemed to include the terms "vacate" and "annul."
(2) Petition Site - any parcel of real property subject to
a petition for abandonment pursuant to this Ordinance.
(3) Abutting property - any parcel of real property whose
boundaries, or any part thereof, also serv~s as the boundary, or portion
thereof, of the petition site.
(4) Affected property - any parcel of real property, or portion
thereof, which lies within three hundred feet (300') of the boundaries
of the petition site.
(5) Petition for abandonment or Petition the form prescribed
by the Department which requests the abandonment of a plat, or portion
thereof, right of way or public easement pursuant to this ordinance.
Page 5
(6) Petitioner - the person (s), governmental entity or business
entity submitting a petition for abandonment pursuant to this ordinance.
The term petiti oner shall i nc1 ude IIco-petiti onerll where appropri ate.
(7) Right of way - any strip of land dedicated or deeded for
ingress and egress or access purposes. The term shall include the terms
IIroadll, IIhighwayll, lIalleyll, lIaccesswail, and any other similar term.
The term shall mean both County right of way and private right of way.
(8) Plat - any drawing of real property made and recorded
pursuant to Chapter 177, Florida Statutes, or the ordinances of Palm
Beach County.
(9) Public easement - any utility or drainage easement which
is dedicated by plat in perpetuity for utility or drainage purposes,
or which is conveyed by separate instrument recorded in the Public Records
to the public or the County, which instrument has been approved by the
County for recordation. The term shall not include instruments of conveyances
or dedications made to specifically named utility companies, owners associations,
drainage districts, or other governmental agencies.
(10) Private right of way - any right of way dedicated or deeded
to an owners association or the owner of the abutting property which
is dedicated as right of way and is the perpetual maintenance obligation
of any owners association or the owner of abutting property.
(11) Department - The Palm Beach County Engineering and Public
Works Department.
(12) County - Palm Beach County, Florida, and its Board of
County Commissioners.
(13) Utility company - any public or franchised entity which
provides electrical ,water and sewer, gas or communication services.
(14) County right of way - any right of way acquired by the
County or the public by virtue of a dedication to the public or the County
on a plat, by separate instrument of conveyance, or by prescription.
(15) Public Records - the records filed in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida.
Page 6
(16) Owner - that person, governmental entity or business entity
which is the fee simple title holder of real property.
(17) Owners Association - any association or corporation created
under the laws of the State of Florida, the membership of which is comprised
of all owners of real property over which the owners association has
jurisdiction by virtue of a declaration of covenants and restrictions,
declaration of condominium, or similar instrument. The term shall include
the terms "homeo\'mer I s associ ati on, II and "property owners associ ati on. II
(18) L~nd value - the value of land as established for the
I
tax base by the Property Appraiser's Office prior to any or all exemptions.
~~:
STATE OF FLORIDA I
I SS.
r::OUNTY OF P.-\Ll\1 BEACH,
I. JOI IN B. DUNKLE, Clerk of the Circuit Court of
the Fiftecnth Jmlicial Circuit of Florida, in amI for Palm
Beach County, do hcreby certify the last ueed of reconl to the
foll(lwin~ uescrihcd property wus n:cordcd in the Official
Records of Palm Beach County on the ........................'.?...................... day
of
r-1c(,,?,, 1 0''"
. .... ....., 19'.....:.........., and is rccorded in
Official kecord Book ...................~
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SAMPlE OF CLERK OF 'IRE CIRCUIT COURT
TI'lLE CERTIFICATION FORH 1<.
C. Ef<.. T/ n e }j 5t
ee.b (sJ
IN \VITNESS \VHEREOF, I have hereunto set my hand
amI seal of said Court at \Vest Palm Beach.. Florida, this the
"
day of .....................:.'.....!..:,....................., A. D. 19.-::.~.~.......
JOlIN B. DUi"\KLE.
Clerk of Circuit Court
Palm Beach County, Florida
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J)c/JlIfv Clerk
CCC-4
SAMPLE LETTER TO BE SENT TO UTILITY/DRAINAGE INTERESTS
SUBJECT: PETITION TO ABANDON/VACATE
)
Brief description of petition site
Dear Sirs:
Please consider this letter our request for a LETTER OF
NO OBJECTIO~ to the abandonment of the above described site.
I have enclosed a copy of the survey and description of the
site to be abandoned which is located in the unincorporated area of
Palm Beach County, for your review and comments. A self-addressed
envelope is attached for your early reply.
If you have any questions or if I may be of further assistance
please contact me at
(daytime phone number')
Thank you for your assistance in this matter.
Sincerely yours,
(Petitioner or agent)
Encl: Petition /survey
(SAMPLE LETTER TO BE SENT TO UTILITY'S)
SAMPLE LETTER OF CONSENT FROM ABUTTING PROPERTY OWNER
Before me this day personally appeared
who, being duly swornJdeposes and says:
He/she/they is/are the owner(s) of
(legal description of
property)
He/she/they has/have been furnished a drawing which clearly indicates the right
of way to be abandoned and its relationship to his/her/their property.
He/she/they hereby consent to the abandonment of the described petition site
which is (west/east/south/north) to his/her/their property as
described above.
(SIGNATURE)
( SIGNA TUR.ei'
sworn to and subscribed before me this
day of
, A. D., 1 98 .
Notary Public
State pfFlorida
My Commission expires
u~!:~~ ._L~~!~~_.?TF,_~~~~~~O~ 1~~! ~ E~P!~~R_~Y," .?~~ER~
I
SAMPLE OF PROOF OF PUBLICATION
.-'
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THE PALM BEACH POST
Published Daily and Sunday
West Palm Beach. Palm Beach County, Florida
PR()t)f OF Pl'UUC\ T)()'l
~TATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared Bar bar aM. Me Cor d
who on oath says that she/lTe is C I ass. A d v . M ~ r · of The Palm Beach Post.
a daily and Sunday newspaper published at West Palm Beach in Palm Beach County,
Florida; that the attached copy of advertising, being a Not i c ~
in the matter of
in the
the issues of
in ten t
Court, was published in said newspaper in
F'ebruary 13, 1987'
A~fiant further says that the said The Post is a newspaper published at West Palm
Beach, in.said Palm Beach County, Florida. and that the said newspaper has heretofore
been continuously published in said Palm Beach County, Florida, daily and Sunday and
has been entered as second class mail matter at the post office in West Palm Beach. in
said Palm Beach County. Florida. for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant further says that she/he
has neither paid nor promised any person. firm or corporation any discount, rebate.
commission or refund for the purpose of securing this advertisement for publication in
the said newspaper. ~~ IJ1 J1!C ~
Sworn to and subscribed before me this 13 day of .' F' e b r u a r y A.D. 19--E
~ t~>f \. H1 /)1 ~ I h 1i5Yl-
SAMPLE OF ~RCOF OF PUBLICATION
LEGAL AD
SAMPLE
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LEGAL AD SAMPLE
The legal ad must contain a description of the site to be abandoned.
The le9al ad must be published once a week for two weeks.
The legal ad must contain the name(s) of the petition(s).
ALLEN C. CLARK
CER TlFIED FLORIDA COLI ECTOR
~fn(r of t~r Wax QIoUrctur
Palm Beach County
GOVERNMENTAL CENTER
301 NORTH OLIVE AVENUE
WEST PALM BEACH. FLORIOA 33401
POST OFFICE BOX l
WEST PALM BEACH. FLORIDA 33402
lJ05I837.2264
The records in this office do not show any delinquent
taxes through tax year on the following described
property: (C",R.~N'" /If'/.. '1e.".,)
ALLEN C. CLARK
Tax Collector
By: \ {,,=
Supervisor
Delinquent
(I )) I
. ( .
. I
Tax Department
SAMPLE OF TAX cx)ILECl'OR FORM VERIFYING
PAYMEm' OF TAX ON PROPERTIES
PBCTC Form Ltr. n 24 (5/82)
BRANCH OFFICES
ACTAC BUilDING
lI5l51 S MILITARY TRAIL
LAKE WORTH. FL 33A63
_.68l56
GOVERNMENTAL CENTER
JIl' N OLIVE AVENUE
WEST PALM BEACH FL 33AO'
837 26ZZ
NORTHEAST COURTHOUSE COMPLEX
31. POA BOULEVARD
PALM BEACH GARDENS. FL ~10
.a.aoo
GLADES OFFICE BUilDING
2'11 STATE ROAD '"
BElLE GLADE. Fl 33430
~
SOUTHEAST COURTHOUSE COMPLEX
~ SOUTH CONGRESS AVENUE
DElRA Y BEACH. FL 33oWI5
va. 1230
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(AFF611 . T-07 .18/86 - [ 30 . 30 ]
AFFIDAV IT FOR
.~ ABANDONHENT PETITION
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ~~. the undersigned authority personally appeared
who after being sworn. stated the following:
1. That I have prepared the complete list of all owners of affected
property, their mailing addresses. and the legal descriptions of
those properties within three hundred (300) feet of the Petition
Site as set forth in the 1985 Official Tax Roll. as such Exhibit
"D" is attached to the Petition to Abandon.
2. That to the best of my knowledge. said list is complete and
accurate.
~'I ~N4'T".. ~ e.. ~; r-
? A e e.4-R.e P-
.)1 day of July. 1986.
SWORN TO AND SUBSCRIBED'BEFORE ~~ this
..',.(NOTARY SEAL)
~ I.';
~OI~Y PUBLIC. STAtE OF FLORIDA
}~ Commission Expires:
I ,.. If' (If r\,.",1,1 ", l<Jrg\'
NGt::lr;, Pub '.( ":'.. JU.'v'? 1':184
t\~lfe~ ,( ....,
My Comr11t...:H111. r ."'"'"1 0\ ~Nt'"
80'l\J~1 B, ~"I \ (u trl\IJ1.lf'lt '.; '.
SAHPLE OF AFFIDAVIT VERL.1<YING
PROPERlY OWNERS WI'IlIDI 300 FEET
OF PETITION STIE
14. Petitioners file a privilege fee in the amount of
$142.56 based on the following:
A. The real estate south (Property Control No.
00424327050270011) of the Property has been appraised at $.009
per square foot by the Palm Beach County Property Appraiser.
B. The . real estate north (Property Control No.
0042432705027041) of the Property has been appraised at $.009 per
square foot by the Palm Beach County Property Appraiser.
C. The Property consists of 19,800 square feet
(that is, 600' x 30').
The value of the Property, based on
appraisals by the Palm Beach County Property Appraiser of real
estate south and north as described above, is $178.20 (that is,
19,800 x $.009). 80% of $178.20 equals $142.56.
S&1PLE FOR PRIVILEGE FEE STA'l'El1ENT AND CALaJI.ATIONS
TO BE ffi'ITAlliED wrrnrn TI1E PETITION
~t~j:;?-,~Y~-:';:\.>J :P~J' ~:;~t;;':::!~F.r;:;::f~;-t::~;~!r-'~~f~t~~:~~~y:~;?:::t~~W"~':~~:'~i~
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Enc I osed is a copy of the approved Ord i nance for your i nforma t i on. As
discussed, a particular change is the new privilege fee required when
a public right of way is petitioned for abandonment. The subject petition
would come under such a requirement. In general the fee is established
through the following formula:
1.)
2. )
3. )
4. )
5. )
6. )
Find the averaoe land value of the properties abutting the
petitioned right of way.
Reduce that average value to a square foot value.
Find the total square footage figure of the petition site.
.Apply the averaged land value, per square foot, to the petition
site.
Multiply that total value by 80~.
The resulting value is the prepaid privilege fee. If the
petition is approved by the Board, the $400.00 filing fee is
credited against the privilege fee value.
Applying the above formula toward your petition would be as follows:
M Property Land Value Squa re Footage
$15,683 13,068 sq. ft.
Squa re Footage Value $1.21
&. Property Land Value Square Footage
$19,036 12,197 sq. ft.
Square Footage Value $1.56
Average sq. ft. Value = $1.39
Petition Site = 6,318.76 sq. feet x $1.39 = $8,783.08
x 80~ = 7,026.46
Less Filing Fee = 400.00
Total Cost
$6,626.46
The possibility exists that a 20 foot wide drainage easement may be required
in the petition site. If that requiremept surfaces, the final costs would
be reduced accordingly. A final figure of approximately $4,868 would
be re a 1 i s tic.
In ;YT~ vn trlt c. /r L
-f()~
fRlf//1F6'e
f'IA-- (ll fLc."
--
rEF'
....-..----g---
1
2
3
4
5
6
7
8
9
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11 ~ ,
12
i;
I,
13 II
I
14 I
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21
ORDINANCE NO. . 86-18
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
PALM BEACH COUNTY. FLORIDA. PRESCRIBING REGULATIONS
GOVERNING THE VACATION AND ABANDONMENT OF RIGHTS OF
WAY AND SUBDIVISION PLATS IN PALM BEACH COUNTY UNDER
THE CONTROL AND JURISDICTION OF THE BOARD OF COUNTY
COMMISSIONERS, IN ACCORDANCE WITH THE PROVISIONS OF
SECTIONS 336.09-336.12 AND SECTION 177.101, FLORIDA
STATUTES; PROVIDING FOR DEFINITIONS; PROVIDING FOR A
PETITION TO BE SUBMITTED TO THE BOARD OF COUNTY
COMMISSIONERS; PROVIDING FOR APPLICATION FEE AND
PRIVILEGE FEE; PROVIDING FOR ACCESS TO WATER;
PROVIDING FOR NOTICE OF INTENT; PROVIDING FOR
PETITION APPLICATION PROCEDURE; PROVIDING FOR REVIEW
OF THE PETITION; PROVIDING FOR PUBLIC HEARING;
PROVIDING FOR RECORDATION OF RESOLUTIONS; PROVIDING
FOR EFFECT OF RECORDING; PROVIDING FOR REPEAL OF
ORDINANCE 071-3; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORD INANCES OF PALM BEACH COUNTY;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
22 WHEREAS, Sections 336.09-336.12 and 177.101, Florida Statutes,
23 authorizes and empowers the Board of County Commissioners, in its
24 discretion, to vacate, abandon, annul, discontinue and close any existing
25 public or private street, alleyway, right of way, or easements or
26 subdivision plat, or any portion thereof. other than a State or Federal
. 27 highway, and to renounce and disclaim any rights of the County and the
28
public in and to any land in connection therewith, whether the same was
29
acquired by purchase, gift, devise, dedication or prescription; and
30
WHEREAS, the Board of County Commissioners finds and determines
31
that the adoption of rules and regulations governing the procedures for
32
the vacation, abandonment. and annulment of rights of way, easements and
,
subdivision plats in accordance with the provisions of Section
33
. .
10
12
13
14
15
- - .~:: 16
17
18
19
20
tl.~~.DI.I.J4~CW
1 336~09~3J6.12 and 177.101, Florida Statutes, i~ necessary, desirable and
2 serves the public interest and welfare.
-"
3 WHEREAS, the public acquires an interest in utility and
4 drainage easements dedicated in perpetuity for such purposes on plats
5 approved by the Board of County Commissioners and filed of record in Palm
6 Beach County, and it is desirable to prescribe the method by which the
7 interest of the public in these easements can be vacated and abandoned.
8 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
9 COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA that:
Section I. SHORT TITLE. This Ordinance shall be designated
11 ,-and may be cited as the Palm Beach County Right of Way Abandonment and
Plat Vacation Ordinance.
Section II. DECLARATION OF JURISDICTION AND CONTROL OF THE
BOARD OF COUNTY COMMISSIONERS; APPLICATION OF ORDINANCE.
(1) Any dedication or conveyance of real property for the
puJ:Ppse of streets, rights of way, access, . ingress and egress, utilities
and drainage which is made on or by a plat, easement, deed, or other
instrument of any kind which instruments are approved by the Board of
County Commissioners for filing of record in the Public Records of Palm
Beach. County or which instruments conveys any interest in real property
-, 21 ~to the Board of County Commissioners of Palm Beach County is hereby
, 22 deemed to be under the jurisdiction and control of the Board of County
.
23
Commissioners for the purposes of the vacation, annulment and/or
24 ,abandonment of plats, or portions thereof, rights of way, and easements
25 for utility and drainage purpose~.
26
(2) The provisions of this ordinance shall apply to all plats,
27 rights of way and easements under the jurisdiction and control of the
28
Board of County Commissioners of Palm Beach County, Florida.
29
(3) The procedures set forth in this Ordinance shall apply to
30 applications pursuant to 177.101(1) and (2), Florida Statutes, and to all
"
31 applications for vacating plats, or any portion thereof, including public
J2: ~-~ase~ents, pursuant to 177.101(3), Florida Statutes. Any petition to
33 vacate a plat, or portion thereof, which plat, or portion thereof,
,
34 - contains private rights of way shall not require a public hearing
35 pursuant to Section XI; provided, however that a public hearing shall be
2
-...."'.
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ft.24.6GJTgem
required if the petition site includes a County right of way or public
easement for drainage purposes which serv~ces a County right of way.
Section III. DEFINITIONS.
(1) Abandon - the term abandon, and any variant thereof, shall
be deemed to include the terms "vacate" and "annul."
(2) Petition Site - any parcel of real property subject to a
petition for abandonment pursuant to this Ordinance.
(3) Abutting property - any parcel of real property whose
boundaries, or any ~art thereof, also serves as the boundary, or portion
thereof, of the petition site.
(4) Affected property - any parcel of real property, or -
portion thereof, which lies within three hundred feet (300') of the
boundaries of the petition site.
(5) Petition for abandonment or Petition - the form prescribed
by the Department which requests the abandonment of a plat, or portion
thereof, right of way or public easement pursuant to ehis-ordinance'.~','
(6) Petitioner - the person(s), governmental entity or
business entity submitting a petition for abandonment pursuant to this
ordinance. The term petitioner shall include "co-petitioner" where
appropriate.
(7) Right of way - any strip of land dedicated or deeded for
ingress and egress or access purposes. The term shall'in'clude the terms
"road," "highway," "alley," "access~ay," and any others1inilar term. The
term shall mean both County right of way and private right of way.
(8) Plat - any drawing.of real property made and. recorded
pursuant to Chapter 177, Florida Statutes, or the ordinances of Palm
Beach County.
(9) Public easement - any utility or drainage easement which
is dedicated by plat in perpetuity for utility or drainage purposes, or
which is conveyed by separate instrument recorded in the Public Records
to the public or the County, which instrument has been approved by the
Coun~y for recordation. The term shall not include instruments of
conveyances or dedications made to specifically named utility companies,
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owners associations, drainage districts, or other governmental agencies.
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1 (10) Private right of way - any right. of way dedicated or
. 2 . de~ded to an owners association or the o~er of the abutting property or
3 which is dedicated as right of way and is the perpetual maintenance
4 obligation of any owners association or the owner of abutting property.
5 (11) Department - The Palm Beach County Engineering and Public
6 Works Department.
7 (12) County - Palm Beach County, Florida, and its Board of
8 County Commissioners.
9 (13) Utili~y company - any public or franchised entity which
10 provides electrical, gas or communication services.
11 (14) County right of way - any right of way acquired by the
12 County or the public by virtue of a dedication to the public or the
13 County on a plat, by separate instrument of conveyance, or by
14 prescription.
15 (15) Public Records - the records filed in the Office of the
.16 Clerk of the Circuit Court in and for Palm Beach County, Florida.
17 (16) Owner - that person, governmental entity or business
18 entity which is the fee simple title holder of real property.
.19 (17) Owners Association - any association or corporation
20 created under the laws of the State of Florida, the membership of which
21 is comprised of all owners of real property over which the owners
22 association has jurisdiction by virtue of a declaration of covenants and
..2.3 restrictions, declaration of condomi~ium, or similar instrument. The
2.4. term shall include the terms "homeowners' association," "condominium
25 - . association," and "cooperative association," and "property owners
26 association."
27 (18) Land value - the value of land as established for the tax
28 base by the Property Appraiser's Office prior to any or all exemptions.
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Section IV. PETITIONERS.
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(1) Petitions for abandonment of plats - any person,
31 governmental entity or business entity desiring to abandon a plat, or any
32 portion thereof, including public easements, shall be required to make
33 application to the County pursuant to Section 177.10L, Florida Statutes,
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34 and the provisions of this ordinance. Said application shall be on the
35 petition fo~ prescr:bed by the Department and the information contained
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therein shall be verified by the Petitioner under oath. Unless initiated
by the County, the petition shall be signed by all owners of any portion
of the petition site.
(2) Petitions for abandonment of rights of way - any person,
governmental entity or business entity desiring to abandon the public's
interest in and to any right of way shall be required to make application
to the County pursuant to this ordinance. Said application shall be on
the petition form prescribed by the Department and the information
contained therein shall be verified by the Petitioner under oath. Unless
initiated by the County, any petition for abandonment of rights of way
shall be signed by all owners of abutting property.
(3) Any petition made on behalf of the County shall be signed
by the County Engineer.
Section V. APPLICATION AND PRIVILEGE FEES.
(I) Application fee - except as provided herein, each petition
shall be accompanied by a fee of Four Hundred Dollars'~$400.00) to ~cover
the cost of administrative review, site analysis and investigation,
publications, and official recording. Said fee will be credited to any
privilege fee imposed. No refund shall be made. Petitions of the County
or any other governmental agency shall be exempt from the application
fee.
(2) Privilege fee - a privilege fee is hereby established,
payable by any Petitioner requesting" the abandonment of the interest of
the County and public in and to any right of way under the jurisdiction
and control of the Palm Beach County Board of County Commissioners. The
privilege fee is to be used for the purpose of reimbursing the County's
costs and expenses incurred when acquiring real property for public use.
(3) The Board of County Commissioners shall make the final
determination of the application of the privilege fee based upon
recommendations submitted by County staff at the scheduled Public Hearing
for abandonment of the petition site.
(4) The privilege fee shall be determined and fixed by
computing 807. of the total land value of the petition site.
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(5) The total land value of the petition site, per square
foot, shall be equal to the averaged square foot land value of the
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_ 1 .Bbu~ting property. as established by the most current Palm Beach County
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Prop~rty Appraiser records. This calculat~on shall be based upon the
3 cumulative land value of the abutting properties, (cumulative value),
4 determining the average value of said properties on a square footage
5 basis, (square footage value), and multiplying said square footage value
6 by the number of square feet of the petition site to ascertain the total
7 land value of the petition site.
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(6) Such privilege fee shall not apply to petitions submitted
9 by the following:
10 a. the fee simple owner of the property subject to.an
11 easement;
12 b. the original gratuitous conveyor of all the public
13 rights of way to be abandoned;
14. c. rights of way contained in plats which were approved
15 under the requirements of the Palm Beach County Subdivision and Platting
16 . prdinance (Ordinance 73-4), and when no conveyance of lots by reference
17 to the plat appear of record; or
18 d. when the petitioner is a duly organized governmental
19 body.
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(7) The privilege fee may not apply when the petitioner will
_21 . ' convey necessary real property for County rights of way designated on the
22 County thoroughfare plan, which is equal to, or more than, the total
23 square footage to be abandoned, as determined by the Board of County
24 Commissioners;
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Section VI. ACCESS TO WATER. No right of way, road, street,
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or public accessway giving access to any publicly accessible waters in
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Palm Beach County, shall be closed, vacated or abandoned except in those
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instances wherein the Petitioner(s) offers to trade or give to the County
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comparable land or lands for a right of way, road, street or public
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accessway to give access to the same body of water, such access to be of
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such condition as not to work a hardship to the users thereof, the
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reasonableness of the distance and comparable land being left to the
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discretion of the Board of County Commissioners.
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Section VII. NOTICE OF INTENT. Immediately- prior to filing
the petition for abandonment with the Department, the Petitioner shall
cause to be published a Notice of Intent in a newspaper of general
circulation in the County once weekly for two consecutive weeks. Such
Notice of Intent shall state the intent of the Petitioner to file a
petition pursuant to this Ordinance and, in the case of plat abandonment,
or any portion thereof, Chapter 177, Florida Statutes.
Section VIII. PETITION APPLICATION PROCEDURES. In addition to
any other informatio~ required by the Department, the petition shall
contain the following:
(1) Legal d~scription of Petition Site - a complete and
accurate legal description of the Petition Site.
(2) Type of petition - a statement identifying the type of
petition as being for abandonment of:
a. a plat;
b. a portion of plat;
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c. a county right of way;
d. the public's interest in a private right of way; or
e. a public easement.
The statement shall identify the source of the County's or public's
interest, together with a reference to the recording information for
same, in and to the Petition Site.
(3) Survey - a certified land survey measuring no less than
8~" x 14" and no larger than. 11" x 17" shall be prepared- by a Florida
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registered land surveyor in accordance with the minimum technical,-.--,.---
standards of Section 472.027, Florida Statutes, ~nd Chapter 21HH-6,
Florida Administrative Code, and attached as an exhibit to the petition.
The survey shall also contain or depict the following information:
a. An accurate drawing of the Petition Site;
b. The boundaries of abutting properties;
c. The square footage of the Petition Site; and
d. Existing structures, utilities, easements,
encroachments and other improvements, including but not limited to the
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location of overhead, underground or surface utility lines and' equipment,
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1 _ ~itches, fences, buildings, pathways, and drainage structures contained
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on the Petition Site.
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(4) Location map - a drawing measuring not less than 8~" x 14"
4 and no larger than 11" x 17" which clearly and legibly identifies the
5 location of the Petition Site in relation to the nearest public right of
6 way, excluding the Petition Site, and all affected properties. The
7 location map may be located on the survey in a separate block.
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(5)
List of owners of affected property - a complete list of ~
9 all owners of affected property, their mailing addresses and legal
10 description of the property owned. All owners of abutting property shall
11 be so designated on this list. The petition shall state the source of
12 . the information used to compile the list and shall contain an affidavit
13 of the preparer that to the best of his knowledge said list is complete
14 and accurate. If the affected property is under the jurisdiction of an
15 _ 9wne~~s association. this requirement of notice to affect property owners
16 , . may be fulfilled by mailing such notice to said owners association,
provided, however, that all abutting property owners must also be
separately notified. Said list shall be accompanied by a Number Ten (10)
white envelope for each affected property owner and each petitioner as
follows:
a. the following return address shall be printed or
typed thereon:
Engineering and P.ublic Works Department
ATTN: Land Acquisition Section
P.O. Box 2429
West Palm Beach, FL 33402
b. it shall be pre-stamped with sufficient postage for
certified, return receipt postage for addressees in the United States and
registered mail postage for addressees in foreign countries.
c. a properly completed certified mail receipt or
registered mail receipt, as applicable, shall be clipped to each
envelope.
(6) Utility and drainage district approvals - the written
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approval or consent of the utility providing service to or within the
Petition Site shall be actached to the petition. In the case of any
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1 petition affecting drainage easements, canals, lakes or other water
2 management systems, the written approval ot consent of the drainage
3 district(s) having jurisdiction over the Petition Site shall also be
attached to the petition_~ __ ___ __.____ ,_____ _,____.___ ___,__-- ----- -- _~
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/$----- (7) Access to affected property - the petition shall contain a
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6 statement that to the best of the Petitioner's knowledge, the granting of
7 the petition would not affect the ownership or right of convenient access
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\8 of persons owning other parts of the subdivision.
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(8) Federal or State highway statement - the petitioner shall
certify that the Petition Site, or any portion thereof, is not a part of
any State or Federal highway and was not acquired or dedicated for State
or Federal highway purposes.
(9) Notice of Intent - Proof of publication of the Notice of
Intent required by Section VII shall be attached to the petition.
(10) Evidence of title - the petition shall state the source of
petitioner's ownership or interest in and to the Petition Site, and a
reference to the recording information for same. A copy of the source
instrument shall be certified by the Clerk of the Circuit Court and
attached to the petition.
(11) Evidence of taxes paid - the petition shall state that all
state, municipal and county taxes on the Petition Site have been paid.
The certificate(s) of the Tax Collector's Office showing payment of same
(as payment is defined in Section 177~101(4), Florida Statutes) shall be
attached to the petition. ' If the Petition Site or any portion thereof is
tax-exempt, the petition shall so state and a copy of the tax roll from
the Tax Collector's Office which shows such exemption shall be attached
to the petition.
(12) Municipal resolution - the petition shall state whether
the Petition Site lies within the corporate limits of a municipality,
within the unincorporated area, or both. If any portion of the petition
site lies within the corporate limits of a municipality, the municipality
shall first abandon its interest in the Petition Sit~ by appropriate
resolution, and a certified copy of the municipal resotution shall be
attached to the petition.
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(13) Fees - the petition shall state whether the petition site
:.~~ ~~~ject to the privilege fee, the amount of said fee, and that the
application fee is submitted therewith. The petition shall include the
appropriate documentation supporting the petitioner's calculation of the
privilege fee.
(14) Justification - the petition shall detail the relevant
reasons in support of the request and granting of the petition.
Section IX. REVIEW OF PETITION.
(1) Review and notification - each petition shall be reviewed
by. the Department. the County Planning. Building & Zoning Department, and
any governmental agency or County department deemed affected by the
12 Dep~rtment. Upon receipt, the Department shall distribute the petition
13 _to.~he reviewing departments and agencies. ~ithin 20 days of receipt of
14.. the petition. the reviewing department and agencies shall submit a
15 written report containing its findings and recommendations to the
_16des~gnated staff of the Department. Upon receipt of all written reports,
,17 the County Engineer shall review said petition and reports and shall
18 notify the Petitioner in writing of any reasonable conditions to be
.19 performed prior to forwarding the petition and reports pursuant to
20 paragraph (2). ~ithin ninety (90) days of receipt of the County
21 Engineer's notification. the Petitioner shall either comply with, agree
22 and commit in writing to the conditions. or disagree in writing to the
23 conditions. Failure to respond to the County Engineer's notification may
24 result in a recommendation to deny the petition by the County Engineer.
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(2) Review by the Board of County Commissioners - after
26 expiration of the ninety (90) day period abov~ or sooner, if conditions
27 are not imposed. or if imposed are responded to by the Petitioner in the
. 28 manner set forth above. the County Engineer shall forward the petition
29 together with his findings and recommendations of same to the Board of
30 County Commissioners for their review in accordance with this section.
31 The County Engineer shall set the petition for public hearing in
32 accordance with Section X unless the petition is not subject to a public
33. hearing pursuant to Section 11(3). If a public hearing' is not
34 required. upon its review the Board shall adopt a resolution either
35 approving or denying the petition. The Board may reject a petition if a
36 petition covering the same lands had been considered at any time within
37 six (6) months of the date the later petition is submitted.
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(3) The Department shall not be charged with the duty of:
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a. searching the Official Records of the'Clerk of the . , .- - -
Circuit Court and any other records in and for Palm Beach; or
b. any other investigation to determine the truth and
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5 accuracy of the statements and information contained in the petition and
6 any attachments thereto.
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Section X. PUBLIC HEARING OF PETITIONS FOR ABANDONMENT OF
8 COUNTY RIGHTS OF WAY AND PUBLIC EASEMENTS FOR DRAINAGE OF COUNTY RIGHTS
9 OF WAY.
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(1) Pursuant to Section 336.10, Florida Statutes, a public
11 hearing shall be held for any petition for abandonment which affects
12 County right of way and public easements for drainage which service a
13 County right of way.
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(2) The Board of County Commissioners hereby exercises their
15 authority as set forth in F.S. 336.09 by authorizing-and directing the
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County Engineer to establish a definite time and place tohald the public
17 hearing required by F.S. 336.10 and this Ordinance and to publish the
18 notice of said hearing.
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(3) Publication of notice of public hearing'- notice of such
20 public hearing shall be published by the County Engineer in a newspaper
21 of general circulation in the County one time at least' fourteen (14) days
22 prior to the date set for the Public Hearing.
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(4) Posting of notice of public hearing - the Department shall
24 notify the petitioner of the date and time of the public hearing and'--
25 shall direct the petitioner to post the property with a notice of
26 petition to vacate. The Petitioner shall place the notice in a
27 conspicuous and easily visible location, abutting a public thoroughfare
,28 when possible, on the subject property at least ten (10) days prior to
29 the public hearing.
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(5) Mailing of notice of public hearing - the Department shall
31 mail a copy of the Notice of Public Hearing to each addressee in the
32 envelope provided by petitioner pursuant to Section VIII"(5).
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(6) At the public hearing, all interested persons shall be
34 entitled to be heard; provided however, that the Board may refuse to hear
35 testimony that is repetitious. irrelevant, or ir:material. If the Board
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approyes the petition, the Board may vacate all or any portion of the
~subJ~~~ ~~operty, and may attach such conditions as the Board may deem to
be in the public interest.
(7) Notice of adoption of resolution. If the County
Commission shall by resolution grant the petition, notice thereof shall
be published one time within thirty (30) days following the date of
adoption of such resolution in a newspaper of general circulation
published in Palm Beach County. The proof of publication of the notice
of public hearing, and the proof of publication of the notice of the
adoption of the resolution, and a copy of the resolution shall be
recorded in the Public Records.
Section XI. RECORDATION :OF RESOLUTION. Upon adoption of a
resolut~on approving a petition, a certified copy of same shall be filed
in the Public Records in accordance with Section 177.101 or Section
336.10, Florida Statutes, whichever is applicable.
Section XII. EFFECT OF RECORDING RESOLUTION OF ABANDONMENT.
(1) For County rights of way, upon the recordation of the
proof of publication of notice of public hearing, proof of publication of
the notice of adoption of the resolution, and a copy of the resolution in
the Public Records, the interest of the right of way so closed shall be
vested in accordance with provisions of Section 336.12, Florida Statutes.
(2) For plats, or portions thereof, recordation in the Public
Records of resolutions approving abandonment of a plat or a portion
thereof shall have the effect of vacating all streets and alleys in
accordance with 177.101(5), Florida Statutes, and shall either return the
vacated property to the status of unplatted acreage or shall vacate the
first plat in accordance with 177.101(1) or (2), Florida Statutes, as
applicable.
Section XIII. REPEAL OF LAWS IN CONFLICT AND ORDINANCE NO.
71-3.
All local laws and ordinances applying to the unincorporated area
of Palm Beach County in conflict with any provisions of this ordinance
are. hereby repealed, including, but not limited to Palm Beach County
Ordinance No. 71-3, which is repealed in its entirety.,
Section XIV. SEVERABILITY. If any section, paragraph,
sentence, clause, phrase, or word of this ordinance is for any reason
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1 held by a Court of competent jurisdiction to be unconstitutional,
2 inoperative or void, such holding shall not affect the remainder of this
3 ordinance.
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Section XV. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The
5 provisions of this ordinance shall become and be made a part of the code
6 of laws and ordinances of Palm Beach County, Florida. The Sections of
7 the ordinance may be renumbered or relettered to accomplish such, and the
8 word "ordinance" may be changed to "section," "article," or any other
9 appropriate word.
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Section XVI. EFFECTIVE DATE. The provisions of this ordinance
11 shall become effective upon receipt of acknowledgement from the Secretary
12 of State by the Clerk of the Board of County Commissioners.
13 APPROVED AND ADOPTED by the Board of County Commissioners of
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Palm Beach County, Florida, on the 24th day of
June
, 1986.
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PALM BEACH COUNTY, nORIDA, BY
BOA~ OF COUNTY CO~ S U)~lRS
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19 APPROVED AS TO FORM AND
20 LEGAL SUFFICIENCY
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County A~ney
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Acknowledgement by the Department of State of the State or
Florida, on this, the 3rd day of July , 1986.
EFFECTIVE DATE: Acknowledgement from the Department of State
received on the 7th day of July ,. 1986, at 3: S.Ji., and
filed in the Office of the Clerk of the Board of County CommISSioners of
Palm Beach County, Florida.
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