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
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Mangrove Walk Alley EXHIBIT"A"
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EXHIBIT "B"
PROPOSED
ABANDOMENT
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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