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
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PALM BEACH COUNTY RECORDS
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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..\. /~. \'
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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