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REVIEW COMMENTS DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-226 TO: Chairman and Members Community Redevelopment Agency Board fl\\rq~ Michael W. Rump Planning and Zoning Director Maxime Ducoste-Amedee 0t?k, Planner {/ THRU: FROM: DATE: November 12, 2003 SUBJECT: Abandonment of a 15-foot wide alley running east-west in Block 4, Lake Addition to Boynton (ABAN 01-004). NATURE OF REQUEST The City of Boynton Beach is requesting abandonment of an unimproved 15-foot wide alley right-of-way located between N.E. 8th Avenue and N.E. 9th Avenue. This abandonment is for the following unimproved alley segment: A 15-foot alley lying in Block 4 of Lake Addition to Boynton, as recorded in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: A 15-foot wide alley running east-west in said Block 4, being bounded on the east by the west right-of-way line of N.E. ih Street, on the west side by the northerly projection of lot 27 of said Block 4. The location map attached as Exhibit "A" shows the general vicinity of the alley right-of-way to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" is a survey of the subject property, which indicates its proximity to adjacent properties. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North - A single-family neighborhood, zoned R-1-A, and farther north, is N.E. 9th Avenue right-of- way; South - A single-family neighborhood, zoned R-1-A, and farther south, is N.E. 8th Avenue right-of- way; East A single-family neighborhood, zoned R-1-A; and West - An auto repair business (NO Auto Repair shop), zoned C-4; BACKGROUND In March of 1925, the Plat of Lake Addition to Boynton was approved. It included several alleys dedicated to the perpetual use of the public, reserving unto the developers or successors the right of reversion if not used as such. , Page 2 Memorandum No. PZ 03-226 ABAN 01-004 The properties located on the north and south sides of the alley segment to be abandoned are developed with single-family residences. The applicant (City of Boynton Beach) has the intention of vacating the 15-foot wide alley because adjacent properties were not improved to utilize the alley and it therefore provides no public service for access purposes. The 15-foot wide alley as shown on the survey will be converted to a utility easement equivalent in width to the existing alley. When abandoned the alley segment will revert to the adjacent property owners. It should be noted that the City had previously abandoned an alley segment running north and south within the same block, which connects to the alley segment subject to this request. ANAL YSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right-of- way to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning No objection Approval with conditions (see Exhibit "C") No objection PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Com cast) Approval with conditions (see Exhibit "C") Approval with conditions (see Exhibit "C") Approval with conditions (see Exhibit "C") Approval with conditions (see Exhibit "C") N/A RECOMMENDATION Staff finds that the subject alley provides no public purpose except for utilities, and therefore recommends that this request to abandon the 15-foot wide alley as described above, be approved, subject to the comments included in Exhibit "C" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "C" - Conditions of Approval. xc: Central File S:IPlanningISHAREDlWPIPROJECTSIMangrove Alley AbandonmentlABAN 01-00415tall report.doc .:)0.1 .. , 1 in. = 175.0 feet f .< I ; I I I I I ; I I . ~I'. IUI A_~ m:: .. ~ ~ J I { ~ERKINGJJ:; RIVn I\J .KIINII I J f . '(j 4 . ; - Lj .< ( - ~ Ln~ 1_ - . .1/""" 0: : &: ~ l ! (~4 I : L :2 z ~ ~ ~ I Ll"IJlJr. I ~ QI un . .. A ~...... . I ..... ._~ _.. I ITIJ R€IJ [ID \ I NI 9TH !WF I , ii:fj:~!:iii~::~:i!i::i::!::::::i:::i:):!::i:i:::;:::;.:i,UiiH:!.:UU::.ni:.,i.:i.nU.ii,!.ii.:Hi.:i.:i.,!.ni:i.,ii!.:! .. .. . .. .. I ~,Si':e~ :!:~:!;!:;:!ji!j:!:i!!:Wt!:,:;:i;!!!:!:j!!ji!j!!:!!j:!:!!!!!:!:~!n:i:i!!!i+ij;!iji=:i!iiii~ijiii~iijiii!iii;i!i,:....,i=!;!i!;!=lii1i=liii!i1ii:liiiiiliii!i1ii:iiiiiiimi1iijiiHii=liiiiil=iiiiiiiiiilimil=iiiij=iWiiiil=iiiil=ii iiiiiij=iijii!iilii!iiliii1i:n'1ii!iipim:ii=liii!ij=!i!=:;!=ji!i!;]i!i!=:i! =l=h!i!ii=jiii;i]i;!;i;i;=li;!;ilii;;!; IIF RTI ~ AVF ~ ~f-- t 'J) '-- - ~ ~ ~~ - - - ~- ~ ~- - I-- ITIIJR1t \ \ \ 0 \ ~: ~ NF 7TH A'/E I ,..11= RTH ~T -- ./ Mangrove Walk Alley EXHIBIT"A" o v ~7 t , "y" ;:i I i M?i~-^ ~ I~ 'll .,.- I ~ E ~ t rr~~J~~~ -J r )~. ~J.J'''''-r. ,J d - J'~ n " It ~i: I~ ~ :, ) I~ + ~ :j ~~. t"l7J.iH ~ I; :'~1 I ~ ~ ~;: ~ ;,& , ./ ~,- r~-.-'.1' ~f ~l"~~ '<. C'.< I h I~ H. I c,:~~~ = ~ !~ ' . '" r' @ r " " i~ I; I; " , I~ \. ~,~. IE :' " I; ~ , ~ ~~'" r.,,:;... I" 'C <l''t, ~ '. ~ > f ~ '1 ,i !~I r' ~, Ii I~ fIr ,. 'j I~ I s- ri !j[ ,\:~,~I ;.<>' "'"~-.: 1~S;a~ h ~~~ Hi J lCCI~ I- ~,~: ' ~~ \' \ , I" L-~. ,...i,11l'""ZLI \<i),Gc;.'1ll ,~~.- .l~3<1.L<; H.l,.L '~'N :. '::: IIrj Illii!,!li,l,1 ilJII,lllillll \ r If 11 I .1 ~I 1 IN-l' "Wi " .m.. I Ii l! ! ;'f Un r g H!i:;~~i! il " III 1 Hl I J:~IJWHlif i i ~ ; m t!l.~in~ f hll!l " i ,.\ Liil . I i ~ ,1/ ! JfffUfHii ,ltr~ lijHiHF ! h I iHi~~'~ iil iiW'ii fj i1i-+=- I~ I~ " ", i !i. ~F ~ iU ;.~~ i Iii J~s' I ~~s Iii ~ nl ~:: ~ Ug !'~~ ~ ~<~ ~. I 6i~ .~ .~. <'. ~,5 s~~ ~,;II!! ~I i~J ~i ~I I~ I~ .. I~ I~ :., ~ II r "-' . \ I~ ; 117..1.)'1-1 ~ ,0, "'"I,, , I i ,oZ.-"l """"1'1 Il L , EXHIBIT "B" PROPOSED ABANDOMENT 1-?1.,.,.. .'i'""'1 r. --'-. ~~ r """;"'J;. 1~ ~~r ~!" E~ z.r;. I~~ I~ ~t f ~!'II';'f ,- f f: ~~ ff~ " !; ',~ ~l I~ ~ , I~ ~.I'I ~ ;1 ., ! Ji I~ if I~ l~ A! ~ ". I- l~ so I~ il~ ";~ H .,. ~ f~ . II '- 71. \ " II, I~ i' <i I~ , i i~ , '~~ ! f~ \( "t . ' -'---'"\ d I~ !~ I; r ~i , !, I~ c..' -..: ilr "'f\.- II '-;" ~ """"I~ .. ~ l~ ., \ I~ . , _1 H e ~ H ", , ~ , -, .' ..'iI" t-l?J..Y1~ 'ii"'~E./S ""'<----. "co,., "'"'---,~~, , , , ~ .~. -!l-:;.~ ~ -I~~~ ~f' i ~~~ ' 18 ~.~~! ;~ ~ f ; ~ WI ( ~ ~ F' -~ "'f,, -"~y~ ~ , 0 < ' ~ ~ ~ ~ -.-"1)'- ~.LISp".L.'il'i'" '"il,o;J~ ,la,-loO',? rIa.11 ! '~C' .// ,.- EXHIBIT "e" Conditions of Approval Project name: Mangrove Walk Alley File number: ABAN 01-004 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. The proposed replacement easement shall be no less in width than the existing alley. The fifteen (15) foot wide alley shall be replaced with a fifteen (15) foot wide utility easement. PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING ;' Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 2. No structures shall be constructed or landscaping placed within the utility easement without express written consent of all legal entities occupying said easement. PRIV A TE UTILITIES Comments: 3. Adelphia has no objections to the abandonment as long as Adelphia facilities are granted the proper easement. 4. Florida Power & Light has no objections to the abandonment as long as Florida Power & Light facilities are granted the proper easement. A minimum ten-foot wide utility easement shall be required. 5. Florida Public Utilities Company has no objections to the abandonment as long as F.P.U.C. facilities are granted the proper easement. F.P.U.C. has underground gas distribution located within the limits of the proposed abandonment. 6. Bellsouth has no objections to the abandonment of the alley right-of-way. Bellsouth shall require a utility easement. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:IPlannlngISHAREDlWPIPROJECTSIMangrove Walk AlleylABAN 01-004ICOA.doc DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 03-179 TO: Dale S. Sugerman Assistant City Manager H. David Kelley, Jr., PEIPSM~ City Engineer RECEIVED SEP - is 2003 BOYNTONIBCHUTIL\11ES FROM: DATE: September 8, 2003 SUBJECT: City Abandonment Petition I5-Foot Alley between NE 8th & 9th Avenues - 1 st Review This memorandum is in response to your initial facsimile dated September 5, 2003 on the above noted subject. The legal description within the proposed application is recapped as follows: "A 20-foot alley right-of-way lying in Block 4, LAKE ADDITION TO BOYNTON BEACH, according to the plat thereof as recorded in Plat Book 11, Page 71 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: The IS-foot wide alley running east-west in said Block 4, being bounded on the east by the west right-of-way line ofN.E. ih Street, and on the west by the northerly projection of the west line of Lot 27 of said Block 4, said west line being also the east right-of-way line of a 20-foot alley lying east and parallel with Federal Highway in said Block 4." This alley currently contains utility services, which will require a conversion to a utility easement of the same width, that is a IS-foot utility easement. Therefore, based on this conversion being a replacement of the right-of-way, this Division approves the application to abandon the public right-of-way as noted above. If you have any questions regarding this matter, please advise me at x6488, or Laurinda Logan, Senior Civil Engineer at x6482. HDK/ck xc: Jeff Livergood, PE, Dir. ofP.W. Laurinda Logan, PE, Sr. Engr. Mike Rumpf, Dir. ofP & Z Div. Peter Mazzella, Deputy Utility Director File S:\Engineering\Kribs\City Aban. Petition - Alley between NE 8th & 9th Ave.doc CITY OF BOYNTON BEACH OFFICE OF THE ASSISTANT CITY MANAGER INTER-DEPARTMENTAL CORRESPONDENCE DATE: June 18, 2002 TO: FROM: James A. Cherof, City Attorney JUN I 8 2002 Dale S. Sugerman, Assistant City Manager SUBJECT: Abandonment of Alleyway with Simultaneous Granting of Utility Easement Attached are the documents that will provide you the background on the abandonment of a public alleyway with a simultaneous granting of a permanent utility easement to any and all utilities interested in the same. The legal description of the alley is enclosed. All of the adjacent property owners have signed the petition to have the alley abandoned, and those signed petitions are on file in the Development Department. The application fee for the abandonment has been paid on behalf of the adjacent property owners by the HOA. The Development Department will not further process the abandonment until they have signed letters from the various utility companies approving the abandonment. The utility companies will not approve the abandonment until they have in hand a dedication of easement. Please notice the two enclosed "approval" letters from BellSouth and F.P.&L. They have no problem with the abandonment, but for the granting of the easement. I am expecting a similar letter from Adelphia Cable but have not received the same just yet. There are not any City utilities in the alley currently (stormwater might be a possibility in the future). Can you create the necessary documents that will simultaneously approve the abandonment and grant the necessary easements to all utilities? If you need any additional information, or more background on what we are trying to accomplish, please contact me directly. -" Thank you for your attention to this matter. '=:D~ Dale S. Sugerman Assistant City Manager ~. Lusia Galav, Principal Planner LEGAL DESCRIPTION A 15 FOOT ALLEY LYING IN BLOCK 4 OF LAKE ADDITION TO BOYNTON, AS RECORDED IN PLAT BOOK 11, PAGE 71 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 15 FOOT WIDE ALLEY RUNNING EAST-WEST IN SAID BLOCK 4, BEING BOUNDED ON THE EAST BY THE WEST RIGHT-OF-WAY LINE OF N.W. 7TH STREET, ON THE WEST SIDE BY THE NORTHERLY PROJECTION OF LOT 27 OF SAID BLOCK 4. CONTAINS 16,191 SQUARE FEET. IRINGS SHOWN HEREON ARE RELATIVE TO PLAT , ARE ASSUMED. 4BSTRACT OR TITLE SEARCH WAS PERFORMED "SCOVER THE EXISTENCE OF ANY EASEMENTS ~ESTRICTlONS OF RECORD. VATlONS SHOWN HEREON ARE BASED ON 10NAL GEODETIC VERTICAL DATUM OF 1929 ESS OTHERWISE NOTED. lELOW GROUND IMPROVEMENTS, FOOTERS,uH -. ~DATlONS OR UTlLmES HA VE BEEN LOCA TED :HOWN ON THIS SURVEY. B. = official record book ). = concrete block structure ~. = point of compound curve ). = permananent control pOint ;. = point of commencement t = point of beginning , drainage easement ).- = corrugated metal pipe . = registered land surveyor : licensed business zallan Number LB6504 NORTH Not to Scale Tran. = transformer pad F.P.& l = Rorida Power & Ught eM = concrete monument P.R.C. = point of reverse curve P.1. = point of intersection P.T. = point of tangency ,. = not field measured WPF = wood privacy fence Chatt = chattahoochee ElEV = elevation Vicinity Map P.B. = plat book P = plat PG. = page Typ = typical f!f = power pole I.A. = iron rod AN{ = right-of-way M = measured R = radius f:j. = central angle I.P. = iron pipe D = deed @= bearing basis line . RP = radius point 0/5 = offset Asph = asphalt l = arc length Cone = concrete M.H. = manhole Cl = centerline Esmt = easement U/E = utility easement ALUM. = aluminum Calc = calculated ClF = chain link fence P.C. = point of curvature P.R.M. = permanent reference monument Renner, Burgess, Inc. Certified To: 1 S.E. 4th Ave., Suite 205 Delray Beach. Fl 33483 Phone 561-243-4624 Fax 243-4869 West Palm 735-7639 West Palm Fax 735-7641 Toll Free 1-800-773-5531 Fax Free 1-800-954-4408 DAVID FELLOWS :>y ~rtify th~t the Sketch of Boundary Survey shown hereon .~~L~;~i~.~"l"ectt..nical standpds set forth in Chapter 61G17-6. Flood Zone: "A - S" (EL. 1") I II~ \I Map No: 1":1 12-0 I ~ (,., 0(')1"\ LL , ~ . FPL Florida Power and Light Company, 9329 S. Military1'rail Boynton Beach, Fl33436 5/23/02 Dale Sugerman, Assistant City Manager 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Re: Alleyway abandonment/600-700 block, north of NE 8th Avenue Dear Mr. Sugerman, I am faxing this to you and the original letter will follow via US Mail. This letter is in response to your fax to Vince Nocera dated 5/16/02. Your fax proposes the abandonment of a 15' Alley lying in Block 4 of Lake Addition of Boynton, as recorded in plat book 11, page 71 of the Public Records of Palm Beach County, Florida. Florida Power and Light Company will agree to the proposed alleyway abandonment with the following stipulations. There are existing Florida Power and Light facilities in portions of this alleyway. A ten-foot wide utility easement to cover the existiflg facilities will need to be granted. The centerline of the facilities will be the centerline of the easement. The easement is to be provided at no expense to Florida Power and Light Company. . I may be reached at 561-742-2026 should you require further information. My fax number is 561-742-2016. J'ncerelY, .X J . (Jim) Adams Large Customer Project Manager ~ ~SELLSOUTH BellSouth Telecommunications. Inc. Engineering Department 2021 So. Military Trail Room 107 West Palm Beach, Fl33415, Fl 33415 Fax 561-964-3499 Mr. Dale S. Sugarman Assistant City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 RE: Approval of Alleyway Abandonment with Retention of the Existing Utility Easements in the 600 and 700 BlockMN. E. 8th Avenue east of Federal Hwy In the City of Boynton Beach, Florida Dear Mr. Sugarman: BellSouth does not object to the abandonment of the 15' wide alleyway running east-west in block 4 of lake addition to Boynton. BellSouth has no existing facilities in the alleyway. However, BellSouth will require the retention of the existing utility easements. If you have any questions I can be reached at 561-439-9118. Yours truly, /tr. ~ ~ ~ ~ M. F. Koenig V. \Y ~ Specialist MFK:dn Cc: Lance Mills Cc: Mike Branigan - via facsimile f. ... 05/14/1999 15:22 551838175'3 FL PUBLIC UTILITIES PAGE 02 ,"'. \ . . Florida Public Utilities Company Dale S. Sugerman 100 EastBoynton Beach Blvd. Boynton Beach, FL 33425 P. O. Box 3395 West Palm Beach, Florida 33402-3395 September 15, 2003 RE: Abandonment of 15 Foot Alley Dear Mr. Sugerman: Please be advised that Florida Public Utilities Company has existing gas facilities within referenced proposed abandonment area. We must, therefore, object to said abandonment unless the following indicated conditions are met: A. All related relocation expenses will be paid by the party requesting the abandonment by the date specified by Florida Public Utilities Company. ~. A separate easement must be granted to Florida Public Utilities Company within the referenced area. All related easement expenses will be paid by the party requesting abandonment by the date specified by Florida Public Utilities Company. C. Abandonment of existing facilities within the referenced area is possible provided all related abandonment costs will be paid by the party requesting abandonment by the date specified by Florida Public Utilities Company. ,If you have any questions or if I can be of any further assistance, please contact me at 838-1768. Frank Studenski Engineering Tech cc: D.E. Pellico C.C. Canino .._ .iolJltS BEFORE "OIJ DIG (;Au. StI~>>'UNr: 1...800..431-4770 rrs nn; LAW "'" lILOKm", 05/14/1999 15:22 5518381759 FL PUBLIC UTILITIES PAGE 01 FLORIDA PUBLIC UTILITIES 401 Sou.tb Dooe HM'o West Palm Beach, Florida 33401 Frank Studenski (561) 838-1768 EmaiJ: fstudenski!4UfD11.c.com Return Fax (561) 838-176~ Fax Cover Fax: (561) 742-6298 Phone: (561) Re: Alley Abandonment From: Frank Stud en ski Pages 2 including cover Date: 9/15/03 Cc: To: Dale Sugerman For Review Comments: Working Togather To Serve Our Customers Butter Please Log On to www.fpuc.com for Company Information and News -Adelphia Engineering Department 1401 Northpoint Parkway West Palm Beach, Fl33047 Tuesday, June 18, 2002 Dale S. Sugarman Assistant City Manager City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, F133425 RE: Letter of non-encroachment i.e. Proposed Alleyway Abandonment 600 and 700 Block of N.E., 8the Ave from PBCounty Print 5750 PBCounty Dear Mr. Sugermen In reviewing your request and the request from Mr. Fellows in Nov of 200 1 ... on the above ref project, Adelphia ( WPB ) ... has no objections nor conflicts with your proposed plans and, ... does not encroach onto our easements or otherwise interfere with the provision of service to our customers. Please Note, I've supplied an Adelphia Grant of Easement form for execution, ...to be used in the coordination of this project. Should you have any other questions, please feel free to call me at 1-561-656-8930/ Fax Numbers - 1-561-686-8507 / e-mail-leonardmaxwell@adelphia.net ~e~ ~--D Leonard Maxwell Field Coordinator 6/18/02 12:45:20 PM (\ cc: Dom Aumais - Construction Supervisor Construction Coordination Karen Diaz - Engineering Coordinator Boynton Beach Draw File