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REVIEW COMMENTS 6.A.2 NAUTICA RIGHT-OF-WAY (ABAN 02-002) ABANDONMENT DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-211 TO: Chairman and Members Planning and Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AlCP Planner DATE: October 3,2002 SUBJECT: Nautica PUD Right-of-way Abandonment ABAN 02-002 NATURE OF REQUEST: This request to abandon a public right-of-way was submitted on May 15, 2002. The applicant, Michael A. Rodriguez, Esq. agent for Nautica Homeowners Association, is requesting to abandon the Nautica Boulevard right-of-way (Tract "B"). The abandonment will also include a small portion of the Bermuda Sound Way right-of-way. The plat shows that this portion of Bermuda Sound Way is a component ofTract "B", The entire right-of-way of Nautica Boulevard (including that small portion of Bermuda Sound Way) as shown on the survey will be converted to private road and the Home Owners Association will grant to the City, a utility easement over that roadway for utility and maintenance purposes. In addition, the portion of Nautica Boulevard that directly abuts the City park (Tract "0") will be coverted to a private roadway and granted to the City, both as a utilty easement and as an access easement. The attached Exhibit "B" shows the location of the applicant's property and includes a diagram of the specific rights-of-way to be abandoned. BACKGROUND: The 80-foot wide right-of-way (Tract "B") currently functions as the primary means of ingress / egress to the residents of Nautica PUD. The Home Owners Assocation of Nautica PUD has expressed future interest for possible roadway improvements (such as the installation of speed humps) as well as increased security measures (gated entranceways). Nautica Boulevard, a loop road, directly connects to Lawrence Road at two different points. ADJACENT USES: (see Exhibit "A" - Location Map) North: Nautica PUD Plat One, City of Boynton Beach Park (Tract "0") South: Nautica PUD Plat Two East: Lawrence Road right-of-way West: Nautica PUD (Recreation Tract) Page 2 Memorandum No. PZ 02-211 ABAN 02-002 ANALYSIS: If the abandonment is executed, both halves of the SO-foot wide right-of-way of Tract "B" would be deeded to the HOA, except for the half (40-feet) directly adjacent to Tract "0" (City park). This half (abutting the public park) would be owned by the City. However, the City would then Quit- Claim this half back to the HOA so that the HOA would maintain the right-of-way. Finally, the SO-foot wide right-of-way (only abutting Tract "0") will serve as a utility easement and also as an access easement. Converting Nautica Boulevard (Tract "B") to a utility easement will allow for service and emergency vehicles to access the roadways / utility infrastructure if the need arises. An access easement, however, would only allow the public to access the City park (when the park is developed). The HOA submitted the necessary documents to abandon the right-of-way and convert it to a utility easement / access easement. It is staff's understanding that the Homeowners Assocation (HOA) of Nautica PUD wants to convert the Nautica Boulevard right-of-way from a public road to a private road in order to facilitate possible future improvements within the right-of-way (such as gating the entranceways or installing speed humps). Any future consideration for gating one (1) or both of the development's main entrances or to install traffic calming devices would require separate staff review. This staff report neither addresses nor anlyzes the gating of the entranceways or the installation of traffic calming devices. If this abandonment is approved, a master plan modification to the Nautica PUD would be required should the HOA request these major types of improvements. With consent from staff, a private road within a residential subdivision, such as Nautica Boulevard, could be closed off to the public provided that fire and emergency ingress / egress is maintained. The following responses were received from the affected parties: CITY DEPARTMENTS Engineering Utilities Planning and Zoning No objection No objection No objection PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) Approval with conditions (see Exhibit "0") Approval with conditions (see Exhibit "0") No objection No objection N/A RECOMMENDATION: Staff recommends that this request to abandon the right-of-say be approved, subject to the comments included in Exhibit "C" - Conditions of Approval. Any additional comments recommended by the Planning and Development Board or by the City Commission will be placed in the Conditions of Approval. xc: Central File SIPlanninglSllAREDlWPIPROJECTSINAUTlC AIARAN 02-002\StaffReport doc , I )> <::: m :;0 a: F :;0 p (f) ,. 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'r' ill R1AA~I,! ':' I 'fiIiW", III NW A.VE_ =,', =L- --- ~.L"~TT, ,"i~ 11 -~ '_:~i ~ I i I . Rli \:LUI!!,I!kJ!L~' jl _ ,,':~' lill'Dtl", rrnT'_I:<' ~',' -,.1 - r= :~It:j , _ C ;1, ,l ~llJ..n/!'L~'~,,'~!',i~~:/ '},! '~"~,%.'"l/T"'-',l-~~ , I~' J ,I"" , I " 'II :-:-j\~jl' , --" ri I , '. -.- I GAFEW A'Fa - --,' I -+-----:-: r ! I I ISAttilt yvtY ! +-~ , , --I , I ' I ' SSHA' IT: ~ " .... t-:. In Il" t ~ - .-<;r' I' I I I I 1 I I I I 200 0 200 1 t;;-~ I GRAPHIC SCALE I TRACT "B", NAUTICA P.U.D I IPB 74, PG 170-175, P.B.C.R. I I 1 1 I I I I I I I 1 I I I I rF I 1---'---'40;4:---1 Ifi I S8':J~S<1'<14 "W -11 L1 j I TRACT '0' 1I11 I 25'. 7G' - II' I S02'O"27'w-r I 1 THACI 'c' III I ---- \ I i~ 1/ I j--I _ NAuJl~~_J2Q1J1t.Y_A.!iD_ I P) III- ::: / ~ -'H lz I 'C" 1- " .1 i~ 1 / III i~ I 1I1I j!? I I III IW I , 1II1 1 ~ I III I ' II/I 1 :.:: I111 1 1111 I I 111I I ITRWIIII:,sj I j-nl~~ I I I;, I~I~ I TRACT I III--:Iw IF'+, I ~I I /111 I I II11 I / j III ~, I "/ I I;: , - I I" ......-----N..~~~~_~y~l_EVARD (p) I 'I~ -------.Hf-J.; jf""1 '\ ----.," .::0 \ "I !~ \ I i_ I1I1 Ie' I 111~i I : III~I i ~ : I::: -, Illvi ~ I r' I III:C' ~~ I W I Olor<1I'1 1113. cn~ 'I -t-H/l I I 111'v, IO~ IInAcT I I'I~! ~z~ "G H I I I 'il i ~:~ Lc--I III i ~~C; , JT]Vl:O '!1/ 1> "1: Z 40.04' ~/7J;:..~:;~ S89083'QS"W ~ IIP,I,/lAUTICAPUD PLAT LIMITS N RECREATIUN TRACT -4 -h' ~ ~ LEGEND P PBCR PB PG LB PSM ORB FPL R A L 6 t PLAT PALM BEACH COUNTY RECORDS PLAT BOOK PAGE LICENSED BUSINESS PROFESSIONAL SURVEYOR AND MAPPER OFFICIAL RECORD BOOK FLORIDA POWER AND LIGHT RAO IUS ARC LENGTH DELTA CENTERLINE SKETCH OF DESCRIPTION NAUTICA BOULEVARD TRACT "B", NAUTICA P.U.D. IPB 74, PC. 170-175 P.B.C.R.) DATE ..!I1,-03-02 SCALE AS SHOWN FIELD BK. NIA DWNG.BY~ CHK. BY R.K.K. OA IE REVISIONS CITYO,BOYNTONB(ACH rAlM I1EA(li CaUNfY,FlOAiOlI ~- EXHIBIT "B" NORTHEA;; 1 CORN!:.fl Sf:.CTlllN 13, TOl'ir~SHlP 45 '::f/ SOUTH, RANGE 42 EAST ~ " 654.02' ...~-' S02003'27"W~_! r I PLAT LIMITS ~KEITH AND SCIINARS, P.A. 8~B lBI337 ~8 -= EN.GO'IEER5 PLAN.N.ER5-5UR~ErO~5 -==- 0500 11. A/Ol[I'i AI!, f!.IWfllilE,fL. JilO'J-3.12 1l:5~ I"" SHEET NO.__--.3___0F___~__Slll[TS DRAWING NO. _l~m,_ EXHIBIT "e" Conditions of Approval Project name: Nautica PUD Right-of-way Abandonment File number: ABAN 02-002 Reference: Abandon Nautica Boulevard right-of-way I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None 1. A utilities easement encompassing the entire Nautica Boulevard right-of-way shall be dedicated to the City of Boynton Beach. This dedication shall occur prior to final recording of the abandonment. FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None PLANNING AND ZONING 2. To ensure the intended use and maintenance of abandoned right-of-way for private access purposes, the appropriate documents(s) or plat shall be amended accordinl!lv. 3. Project will require approval of Florida Power & Light and BellSouth Telecommunications Inc. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 4. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 5. To be determined. S '\Planning\SHARED\WP\PROJECTS\NAUTICA\ABAN 02-002\COA.doc EXHIBIT "0" . FPL October 22, 2001 Sachs, Sax & Klein, P.A. Northern Trust Plaza Suite 4150 301 Yamato Road Boca Raton, Florida 33431 Attn: Michael A. Rodriguez, Esq. RE: Application to AbandonNacate Nautica Boulevard Right-of-Way, Boynton Beach, Florida Dear Mr, Rodriguez: In reference to your letter dated October 16, 2001 (see enclosed), FPL has no objection to the Abandonment/Vacating of Nautica Boulevard Right-of Way. This "no objection" is contingent upon as stated in your letter, once the right-of-way is conveyed to the Association, FPL road crossing facilities are protected either by easement or permit. If you require any further information or assistance, please do not hesitate to contact me at (561) 742- 2009. S;"''''y. ~ b,"~ Customer Project Mar)ager :m FPI r.rnlln r.nmnanv EXHIBIT "0" @ SELLSOUTH BellSouth Telecommunications, Inc. ENGINEERING DEPT.' RM, 107 2021 SO, MILITARY TRAIL WEST PALM BEACH, FL 33415 October I, 2001 Mr. Michael A. Rodriguez, Esq. Sachs, Sax & Klein, P.A. Suite 4150 - Northern Trust Plaza 301 Yamato Road P.O. Box 810037 Boca Raton, Florida 33481 RE: Application to AbandonNacate Nautica Boulevard Right-of-Way Boynton Beach, Florida Dear Mr. Rodriguez: BellSouth has facilities in this Right-of-Way. Therefore, we require 24 hour access [ingress egress regress] to this right-of-way. In addition, for exiting and future facilities we are granted the same rights to remain in or place future facilities in the right- of-way. If you have any questions please call me at 561-439-9118. Yours truly, ~~~ LFM:dn MEMORANDUM UTILITIES DEPARTMENT NO. 02-154 FROM: Janet Prainito, City Clerk ~ Peter Mazzella, Deputy Director of Utilities TO: DATE: October 8, 2002 SUBJECT: Abandonment request - Nautica Boulevard This Department has no objection to the request for abandonment of the subject street as a public right-of-way, subject to the following condition: I. A utilities easement encompassing the entire Nautica Boulevard public right-of- way shall be dedicated to the City of Boynton Beach. This dedication shall occur prior to final recording of the abandonment. Please contact me directly with any additional questions on this matter. Attachments PVM Xc: Peter Mazzella (w/copy of attachment) Mike Rumpf, Planning Director File c -'L. TO: FROM: DATE: RE: CITY CLERK'S OFFICE MEMORANDUM John Guidry Utilities Director Janet M. Prainito ~ City Clerk U \ October 7, 2002 ABANDONMENT - NAUTICA RECEIVED OCT 0 7 2002 BOYNTON BEACH UTILITIES Please review the attached application for abandonment and forward your recommendations to our office by October 15th. Thank you. JMP:bg Attachments S:\CC\WP\Memos\Bonnie\Abandonment. Utilities Department.doc Adelphia 1595 SW 411, ,e Delray Beach, I'L 33444 Phone (561) 272-2522 Fax (561) 272-8776 January 17, 2002 SACHS, SAX & KLEIN, PA Northern Trust Plaza, suite 4150 301 Yamato Road Boca Raton, FI. 33431 Attn: Michael A. Rodriguez RE: APPLICATION TO ABANDONNACATE NAUTICA BOULEVARD RIGHT-OF-WAY BOYNTON BEACH, FLORIDA OUR FILE NO. 2589.01 Dear Mr. Rodriguez: Please consider this as Adelphia's letter of "No Objection" to the above referenced abandonment. Please notify me of all utility easements granted. (l~r~L eannine McEnroe Construction Supervisor Equal Opportunity Employer . FPL October 22, 2001 Sachs, Sax & Klein, PA Northern Trust Plaza Suite 4150 301 Yamato Road Boca Raton, Florida 33431 Attn: Michael A. Rodriguez, Esq. RE: Application to AbandonNacate Nautica Boulevard Right-of-Way, Boynton Beach, Florida Dear Mr. Rodriguez: In reference to your letter dated October 16, 2001 (see enclosed), FPL has no objection to the Abandonment/Vacating of Nautica Boulevard Right-of Way. This "no objection" is contingent upon as stated in your letter, once the right-of-way is conveyed to the Association, FPL road crossing facilities are protected either by easement or permit. If you require any further information or assistance, please do not hesitate to contact me at (561) 742- 2009. Sincerely, b" Customer Project Manager an FPL Group company ........",.. @ BELLSOUTH BellSouth Telecommunications, Inc. ENGINEERING DEPT. - RM. 107 2021 SO. MILITARY TRAIL WEST PALM BEACH. FL 33415 October 1,2001 Mr. Michael A. Rodriguez, Esq. Sachs, Sax & Klein, P.A. Suite 4150 - Northern Trust Plaza 301 Yamato Road P.O. Box 810037 Boca Raton, Florida 33481 RE: Application to AbandonlVacate Nautica Boulevard Right-or-Way Boynton Beach, Florida Dear Mr. Rodriguez: BellSouth has facilities in this Right-of-Way. Therefore, we require 24 hour access [ingress egress regress] to this right-of-way. In addition, for exiting and future facilities we are granted the same rights to remain in or place future facilities in the right- of-way. If you have any questions please call me at 561-439-9118. ~c Project Man ger LFM:dn ~ Florida Public i Utilities Company elJllliPl'IIj/fN1. .... P.O. Box 3395 West Palm Beach FL 33402-3395 (561)832-2461 September 24, 2001 Michael A. Rodriguez, Esq. Sachs, Sax & Klein, P.A. P.O. Box 810037 Boca Raton, FL 33481-0037 RE: Application to Abandon/Vacate Nautica Boulevard Right-of-Way Boynton Beach, Florida Dear Mr. Rodriguez: Please be advised the Florida Public Utilities Company has no objection to the abandonment of the existing easement described in your letter. At the present time, we have no underground gas distribution facilities located within the limits of the proposed abandonment. Sincerely, b~ Engineering Aide cc: D.E. Pellico C. C. Canino Johnson, Eric From: Sent: To: Cc: Subject: Kelley, David Thursday, October 03, 2002 7:50 AM Johnson, Eric Galav, Lusia; Coale, Sherie RE: Nautica Boulevard Abandonment Documents Eric: Sorry for the delayed response to your?? I believe that this e-mail will suffice as a note to the file, stating Engineering Division's position on the subject. The method to which the City Commission will take action remains unanswered from the City Attorney's office. Our proviso noted below is our caution "flag waving" on this subject. Dave.... -----Original Message----- From: Johnson, Eric Sent: Monday, September 30, 2002 10:09 AM To: Kelley, David Cc: Galav, Lusia; Coale, Sherie Subject: RE: Nautica Boulevard Abandonment Documents Dave, Apart from the technical issues, are you going to give P&Z a memorandum indicating that Engineering has no problems with the request to abandon the right-ot-way? Or will this em ail serve as your memorandum? I wanted to put something in the tile. Lusia, when you get a chance, let's discuss. Sherle and I will have the legal ad completed by this Wednesday. -----Original Message----- From: Kelley, David Sent: Wednesday, September 25, 2002 10:06 AM To: Johnson, Eric; Tolces, David Cc: Galav, Lusia Subject: Nautica Boulevard Abandonment Documents Eric: I have reviewed a copy of the proposed documents (that you sent me on September 10th) prepared by the law firm of Sachs, Sax & Klein, PA dated September 5th, and offer the following comments: The Quit-Claim Deed from the City to the HOA seems okay (except to change the word "Council" to read "Commission"), provided that the abandon right-of-way can be accomplished by Resolution. This may require an Ordinance since we are dealing with real property. You need to send the "attachments" to David Tolces (of you have not done so already) for his review, comment and decision on the action to be taken. The Access Easement appears to be proper to allow the City access to the Park Tract ("D"), but again I will yield to David Tolces on the legal issue. If you (or David Tolces) have any further question on this matter, please advise me. I apologize on the delayed response to this issue, priority matters sometimes get in the way. 1 Johnson, Eric From: Sent: To: Cc: Subject: Kelley, David Wednesday, September 25, 2002 10:06 AM Johnson, Eric; Tolces, David Galav, Lusia Nautica Boulevard Abandonment Documents Eric: I have reviewed a copy of the proposed documents (that you sent me on September 10th) prepared by the law firm of Sachs, Sax & Klein, PA dated September 5th, and offer the following comments: The Quit-Claim Deed from the City to the HOA seems okay (except to change the word "Council" to read "Commission"), provided that the abandon right-of-way can be accomplished by Resolution. This may require an Ordinance since we are dealing with real property. You need to send the "attachments" to David Tolces (of you have not done so already) for his review, comment and decision on the action to be taken. The Access Easement appears to be proper to allow the City access to the Park Tract ("D"), but again I will yield to David Tolces on the legal issue. If you (or David Tolces) have any further question on this matter, please advise me. I apologize on the delayed response to this issue, priority matters sometimes get in the way. Dave.... 1 ~"r "".\ '. \ J.<,c; "..~. I..\. /~. \' ,., ~C' , i C ~i DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 02-109 TO: Michael W. Rumpf Director of Planning and Zoning H. David Kelley, Jr.~ PE/PSM, Utility Engineer '1 i ' ~ FROM: . , , I';Y 30 : DATE: May 29,2002 RE: Abandonment Application for Nautica Boulevard Right-of-Way Tract "B", Nautica P.U.D. - Plat One P.B. 74, Pages 170-175, Public Records of Palm Beach County, Florida The department is in receipt of the abandonment application request for the above noted location, received on May 23rd. The subject request is to abandon the roadway right-of-way within the City, specifically: All of Tract "B", NAUTICA P.U.D. - PLAT ONE, as recorded in Plat Book 74, Pages 170 - 175, according to the Public Records of Palm Beach County, Florida. Please be advised that the City, through the Utilities Department, has an existing 8-inch water main loop completely around Nautica Boulevard with several 6-inch water main spurs extending therefrom, a 8-inch sanitary collection sewer within 2/3 of the said right-of-way, and various IS-inch to 30-inch stormwater system segments throughout the total right-of-way. In addition, there are two (2) utility easements paralleling the right-of-way corridor (one on each side) which contain the FP&L, BellSouth and Adelphia Cable utilities, which would be non-accessible with the abandonment of the main right-of-way. However, in order to support the abandonment application, it would be necessary to convert the existing roadway right-of-way into an ingress-egress and utility easement to allow the City and other support utilities access to their system(s) for service and maintenance. This would be granted by the Nautica HOA, Inc. Further, Tract "D" on said record plat is a park site dedicated to the City, which requires public access for it to be usable. The abandonment application would cause that portion of the Nautica Boulevard right-of- way adjacent to the park site to be granted to the City and would render a portion of Nautica Boulevard useless. Therefore, a reversion grant would have to be issued from the City to the Nautica HOA, Inc. for the right of entry-exit and utility access across that portion of the abandoned right-of-way. In addition, the issue of access to the park site via Lawrence Road (via Tract "C") needs to be addressed, in that the additional 12-foot road right-of-way that was dedicated to Palm Beach County contains a 6- foot limited access easement. This prevents any access to the park site unless the County grants the City relief with a right of entry from the newly widened roadway. Department of Public Works, Engineering Division Memo No. 02-109 Re: Abandonment Application for Nautica Boulevard Right-of-Way May 30, 2002 Page Two Furthermore, adjacent to the above noted limited access easement, the record plat reflects a 10-foot buffer easement. Again, the right of entry from Lawrence Road will have to penetrate this buffer easement to gain access to the park site. The above issues will have to be addressed prior to the department recommending approval of the application for right-of-way abandonment. Some of these issues must be addressed by both the petitioner and the City, with provisos contained within the enabling ordinance. However, the City will need a commitment from Palm Beach County to grant the City access via Lawrence Road prior to the preparation of the stated ordinance. We understand that Palm Beach County desires to construct a stormwater storage area on this site as part of a passive park. Thus, it is highly likely that the County will support these access initiatives. If you have any further questions regarding this matter, please advise me at x6488. HDK/ck XC: Jeffrey R. Livergood, PE, Dir. of Public Works Lusia Galav, Principal Planner, Div. of Planning & Zoning Eric Johnson, Planner, Div. of Planning & Zoning C:\My Documents\Nautica Blvd R~W Abandonment Application.doc