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REVIEW COMMENTS DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 04-122 TO: Maxime Ducoste-Amedee, Planner, Planning and Zoning FROM: DATE: Laurinda Logan, P.E., Senior Engineer July 12, 2004 RE: Review Comments NW 8th Avenue Abandonment File No. ABAN 03-011 The above referenced project was reviewed by Public Works, Engineering, and Utilities for any conditions or conflicts that may be encountered as a result of abandoning NW 8th Ave. between NW 1st St. and NW 1st Ct. Within the 220 ft. of 50 ft. wide dedicated right-of-way are FPL and BellSouth overhead lines as well as a six-inch water main. All three facilities are located within the south half of the right-of-way. We have no objection to the proposed abandonment with the following conditions: . One half of the existing right-of-way width shall be deeded to each of the adjacent property owners to the limits of those properties. · Provide a minimum 25 ft. utility easement (south half of existing right-of-way) to the City and franchise utility companies. As required by Code, no structures may be placed within the utility easement and, proposed landscaping shall be reviewed by Utilities and Planning & Zoning for suitability. Please feel free to call if you have any questions or need additional information. LUck Cc: Jeffrey R. Livergood, P.E., Director, Public Works (via e-mail) Peter V. Mazzella, Deputy Utility Director, Utilities H. David Kelley, Jr., P.E./ P.S.M., City Engineer, Public Works/Engineering (via e-mail) Kenneth Hall, Engineering Plans Analyst, Public Works/Engineering (via e-mail) File S:\EngineeringIKrlbslAbandonmenl- NW 8th Avenue.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-165 TO: Chair and Members Community Redevelopment Agency Board Michael W. Rumpf\'\G'Z-/ Planning and Zoning Director THRU: FROM: Maxime Ducoste-A.] A\!ik. Planner ,W' - DATE: July 6, 2004 SUBJECT: Abandonment of a 50-foot wide right-of-way running east-west in Block 4, Lake Addition to Boynton (ABAN 03-011). NATURE OF REQUEST City staff are requesting abandonment of an unimproved 50-foot wide right-of-way located on N.W. 8th Avenue approximately four hundred (400) feet west of Seacrest Boulevard. This abandonment is for the following unimproved right-of-way segment: That portion ofthe road right of way for NW 8th A venue lying north of/ots 154 and 155, Block C, Boynton Hills, according to the plat thereof as recorded in Plat Book 4, Page 51, Public Records of Palm Beach County, Florida, Described as follows: Beginning at the northwest corner of said lot 154; thence easterly along the north line of said lot 154, a distance of 100.26 feet to a point on a curve concave to the southwest having a central angle of 126026'42" and a radius of 10.00 feet; thence southeasterly along the arc of said curve, a distance of 22.07 feet to a point on the easterly line of said lot 154; thence northeasterly along the northeasterly projection of the easterly line of said lot 154 a distance of19.82 feet; thence northerly forming an included angle of 143033'18"to the right from the preceding course, a distance of 50. 00 feet; thence westerly forming an included angle of 90000'00"to the right from the preceding course, a distance of 240.16 feet; thence southerly forming an included angle of 90000'00" to the right from the preceding course, a distance of 50.00 feet to a point on the northwesterly projection of the westerly line of said lot 155; thence southeasterly along said northwesterly projection, a distance of 19.82 feetto a point on a curve to the southeast having a central angle 126026'42" and a radius of 10.0 feet; thence northeasterly, along the arc of said curve a distance of 22.07 feetto a point on the north line of said lot 155; thence easterly, along said north line, a distance of 100.26 feet to the point of beginning. The location map, attached as Exhibit "A", shows the immediate vicinity of the subject right-of-way. The attached Exhibit "B"- "Proposed Abandonment" is a survey of the subject street which indicates its proximity to adjacent properties. The following describes the zoning districts and land uses of the properties surrounding the subject request. North A single-family house zoned R-1-A; South A single-family house, zoned R-1-A, and farther south, is N.E. 8th Avenue right-of- way; East N.W. 8th Avenue right-of-way and farther east, is a single-family neighborhood, zoned R-1-A; and Page 2 Memorandum No. PZ 04-165 ABAN 01-004 West - N.W. 8th Avenue right-of-way and farther east, is a single-family neighborhood, zoned R-1-A. BACKGROUND The Boynton Hills subdivision was originally platted in 1925. Contrary to the grid pattern used in the development of most American towns, the design of this subdivision was based on the radial scheme and diagonal avenues in lieu of the grid (see Exhibit "B" - Boynton Hills Subdivision). The streets, avenues and alleys are dedicated to the perpetual use of the public, reserving unto the developers or successors the right of reversion if not used as such. The ultimate street design within this area is a unique pattern of many curvilinear streets and avenues extending from NW 10th Avenue south to Boynton Beach Boulevard. The subject portion of this unique street pattern is a straight segment extending through the center of four segments platted in a diamond shape. Three of the four segments comprising the "diamond" configuration are improved. ANALYSIS 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 objections Approval with conditions (see Exhibit "C") No objections PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) Approval with conditions (see Exhibit "C") No objections No objections No objections N/A The property located on the north side of the subject right-of-way is developed with a single-family house while the southern properties are vacant, zoned R-1-A, and were recently acquired by Habitat for Humanity for the construction of single-family residences. Staff requests this abandonment to vacate the 50-foot wide right-of-way because it is unimproved, lacks necessity given the greater network around the subject street segment, and could contribute to the confusion of motorists. Proper flow and signage for unique intersections and street patterns is a challenge, and is simplified by the elimination of the subject street at this location. Abandonment of the 50-foot wide right-of-way, as shown on the survey, will result in the reversion to the adjacent property owners. Although this original street pattern represents a unique part of history in these neighborhoods, and possibly worthy of preservation, this overall network has already been altered by previous abandonments, to accommodate the Sara Sims Park, Boynton Terrace Apartments and expansion of the First Baptist Church. It should be noted that the subject abandonment can occur while leaving the chance to preserve a portion of symmetry within this section of the network. This balance in the network is contingent upon the ultimate improvement of the remaining unimproved segment (Grand Blvd. West) of the "diamond" configuration that surrounds the segment to be abandoned. Page 3 Memorandum No. PZ 04-165 ABAN 01-004 RECOMMENDATION Staff finds that the subject unimproved street provides no public purpose except for utilities, and therefore recommends that this request to abandon a portion of the 50-foot wide right-of-way 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:IPlanningISHAREDlWPIPROJECTSINW 8th AvenuelStaff Report.doc ... 0000 1 in. ; 100.0 feet - -- ---------- ---- ---- ~ 1560 o 680 1690 1210 1320 1330 1450 1402 1460 1470 100 1501 R-3 1230 1300 .... --- ...... C .... NW 8TH AVENUE LOCATION MAP EXHIBIT "A" ~"':_,:"" .. -'. ," ) G; . l:~ 1 /', ! 0 ('-~;.,.,' :~~g;~~~~~i~~~~~~~il~~~i i~~~~ ~ i~~i I ~;!i~I!~!ii!~I;ii~~ii~~~ i!~~!; ~ii ~'~~.~m~~~~~>~~,~~~>>~~ ~~O,~ ~~~ ~~~~~~~~~~~~~~~~~~~~~~! ~~~~~ ~~~ "~.~ >. '>a~~~.fl51~'~~~~ ~~" ~ ~f ~iiilllll!ili~i~!~;!~;! '~!i~ ~~I .~~~.~,~~~."~~~"."'~~O~ ~~"' ~"~ ~~~~~~~~I~ffl~i~~~ii~~~~~ 2~~~ ~~~ ~~~~~"~i""~!i~~~'~~~~~~. ~>~, ~ ~ ~,,,~L '>~ ~ .O~~ ~ ~~ ~ >'~~ ~ ,.' ~ \1 1= ~ I , I I I !I~ Ii ,OJ I , I I: I '! I ~ I, '-'!'I ~~ -I-~OO ~"() --I ~::>\.u; "c,'" EXHIBIT "B" 1'; , I~, ,II I', !! , I t " ~~ 00 ,,~ "U\ 0'" '0 ~ '0 ~ ~~ o a; Co'" ~ j~~ H'! '------- ~ a 11 . ~~ . I. ,,~, ~ · ~ffi~ I ~. ~ "i " ! -~ !;lJ I' ~I,l " .~ fi\ II ; ;~~ I i ~ i I ~ :;"e .<' 'II ~ I, ~ ! r~p"", 1,1 III' OJ o !E' I ~ ~ ~ ~i :;~s;; ;.; ~51 ~ ~ i'f~;:;: II ; ,~~ ~~~U~ ~ ~_... ~~::o 1'1' <:5 . ~~ hI<> ,P?o .~ " i o~~'"C> ' 'I il ~ ~ "'1!~ -< ,~~ i ~ U~'~ ~i; ~ ! 8: _<: ll'l '" ~~ ~~ :;;; ~., ~ ~~ " ii! ~ ,. .~ 7L EXHIBIT "C" Conditions of Approval Project name: NW 8th Avenue File number: ABAN 03-011 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: 1. This alley currently contains utility services that will require the establishment of a utility easement in accordance with the Engineering Division's requirements in order to support any existing or future utility infrastructures. 2. If a utility easement is required, no structures shall be constructed or landscaping placed within the utility easement without express written consent of all legal entities occupying said easement. UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTERlENVIRONMENT ALIST Comments: None Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I I PLANNING AND ZONING I I I Comments: None PRIVATE UTILITIES Comments: 3. Florida Power and Light will require at minimum a ten (10) foot wide utility easement to maintain the existing facilities. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S.IPlannlng\$HARED\WPIPROJECTS\Boynton Seafood\CQA doc DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 04-122 TO: Maxime Ducoste-Amedee, Planner, Planning and Zoning FROM: Laurinda Logan, P.E., Senior Engineer DATE: July 12, 2004 RE: Review Comments NW 8th Avenue Abandonment File No. ABAN 03-011 The above referenced project was reviewed by Public Works, Engineering, and Utilities for any conditions or conflicts that may be encountered as a result of abandoning NW 8th Ave. between NW 1st SI. and NW 1st CI. Within the 220 ft. of 50 ft. wide dedicated right-of-way are FPL and BellSouth overhead lines as well as a six-inch water main. All three facilities are located within the south half of the right-of-way. We have no objection to the proposed abandonment with the following conditions: . One half of the existing right-of-way width shall be deeded to each of the adjacent property owners to the limits of those properties. . Provide a minimum 25 ft. utility easement (south half of existing right-of-way) to the City and franchise utility companies. As required by Code, no structures may be placed within the utility easement and, proposed landscaping shall be reviewed by Utilities and Planning & Zoning for suitability. Please feel free to call if you have any questions or need additional information. LUck Cc: Jeffrey R. Livergood, P.E., Director, Public Works (via e-mail) Peter V. Mazzella, Deputy Utility Director, Utilities H. David Kelley, Jr., P.E./ P.S.M., City Engineer, Public Works/Engineering (via e-mail) Kenneth Hall, Engineering Plans Analyst, Public Works/Engineering (via e-mail) File S:\Engineering\Kribs\Abandonment - NW 8th Avenue.doc ~f, Michael r:x- ~~ From: Sent: To: Subject: Ducoste-Amedee, Maxime Friday, May 28, 2004 10:03 AM Rumpf, Michael; Breese, Ed FW: Petition for Abandonment No. 04-005 Importance: High Speaking of NW 8th Ave ABAN, here is a response from Jeff. Maxime -----Original Message----- From: Livergood, Jeffrey Sent: Friday, May 28, 20049:22 AM To: Kelley, David Cc: Ducoste-Amedee, Maxime Subject: Petition for Abandonment No. 04-005 Dave, I read your memo to Maxime and I concur. However, Maxime, we need to make sure that any design or changes that would stop through traffic also considers the need for proper turnarounds, garbage collection, etc. Jeff Jeffrey R. Livergood, P.E. Director of Public Works City of Boynton Beach 1 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 04-085 FROM: Maxime Ducoste-Amedee, Planner Planning and Zoning Division , H. David Kelley, Jr., PE/PSM ~ City Engineer TO: DATE: May 25, 2004 RE: City Abandonment Petition No. 03-011 _1st Review NW 8th Avenue, between Lots 154 & 155, Blocks C & D 50-toot right-of-way for NW 8th Avenue This memorandum is in response to your memorandum request dated May 21, 2004 on the above noted subject. The legal description delineated within the proposed application is recapped as tollows: "A 50-foot roadway right-ot-way lying between lots 154 & 155, Block "C" and lots 154 & 155, Block "D", BOYNTON HillS, according to the plat thereof as recorded in Plat Book 4, Page 51 of the Public Records of Palm Beach County, Florida." This roadway is unimproved but does contain underground utilities (water main) of the City. Other utility companies are also utilizing this right-ot-way; the most notable being Florida Power and Light Company, Adelphia Cable, and BellSouth notes that they provide service to the area through this corridor. Any and all cost to re-Iocate services will be compensated for via the applicant. The roadway is anticipated to be constructed in the future via the roadway improvement plan. Therefore, based on the above, this Division recommends disapproval of the application for abandonment of the public right-of-way as noted above. If you have any questions regarding this matter, please contact me at ext. 6488, or laurinda logan, Senior Civil Engineer at ext. 6482. HDK:jam xc: Jeff Livergood, PE, Director of Public Works Laurinda Logan, PE, Sr. Engineer Mike Rumpf, Dir. of Planning & Zoning Division Peter Mazzella, Deputy Utility Director Fiie S:\Engineering\Office Associates File\Kelley\04-085 City Abandonment Petition 03-011 1st Rev.doc I. . . City Codes Accessed Via Website www.boynton-beach.org www.amlegal.comlboynton_beach~tI.us Has applicant attended a pre-application meeting? . Date: CITY OF BOYNTON BEACH APPLICATION TO ABANDONNACATE PLANNING & ZONING DIVISION NOTE: This fonn must be filled out completely and accurately and must accompany all applications submitted to Planning and Zoning (Two (2) cooies of application are required.) PROJECT NAME: J Bill ~b/Jl).f:" A~pOflIl.{EI!T ~tl\l ~~u{ - fLA,,,,,slAl~ ~ Zo~ I~~ -1M e. ~I'-l P.Jt."A-~ ~tvD. ~'1tJj<>ol Pp~ H.. '?~42.-$ S-' I - 14 ~ - b 2.foD S(,- 142.. -&'1<)"1 AGENrS NAME: AGENrS ADDRESS: AGENrS PHONE: AGENrS FAX: OWNER'S NAME: (or Trustee's) OWNER'S ADDRESS: OWNER'S PHONE: OWNER'S FAX: PROJECT LOCATION: OR PCN NUMBER N W 81lL-Antt lA t" (~p:on) ~j! s CORRESPONDENCE ADDRESS:" (if different than agent or owner) A7 J..'bf,,1t · This is the address to which all agendas, letters and other materials will be forwarded. (. The undersigned, pursuantto Ordinance NO. 76-27 of the City of Boynton Beach, Florida, hereby applies to the City Commission to vacate/abandon, and discontinue the,(check one): ( ( ( ( v ) ALLEY ) STREET ) SPECIAL PURPOSE EASEMENT ) OTHER NON-FEE INTEREST OF THE CITY as described In attached Exhibit "A", and to renounce and disclaim any right of the City and the public In and to any land in connection therewith. Said application Is to be filed with Planning and Zoning In duplicate and applications Involving more than one of the above listed non fee interests shall be filed separately. Each application so filed shall be complete in every respect. Representative of the project must be present at all Technical Review CommlUee, Planning and Development Board or Community Redevelopment Agency and City Commission meetings held to review this project. The undersigned hereby certify: 1. That a complete and accurate legal description with the specific property interest sought to be vacated or abandoned, including where possible a plat map or drawing showing the general area and location involved, is set forth in Exhibit "A" attached hereto. 2. That the title or interest of the City and the public in and to the specific property interest described above was acquired and is evidenced by, (check one): ( ( v ( Recorded in PL..-1-- T Beach County, Florida. ) DEED ) DEDICATION ) PRESCRIPTION BOok--L, Page 21-, and Public Records of Palm 3. That no similar application has been considered by the City at any time within six (6) months of the date hereof, and should this application be granted, such abandonment and vacation will prevent no other property owners from access to and from their property and not other property owners in the vicinity will be adversely affected. 4. That the above described property interest is under the control and jurisdiction of the City Commission of the City of Boynton Beach, Florida; is not a part of any state or federal highway system; and was not acquired or dedicated for state or federal highway purposes. 5. That the following constitutes a complete and accurate schedule of all owners and occupants bounding and abutting the property interest described above. 6. The list of names and addresses of the owners and occupants of abutting real property, addressed envelopes and 16t class postage (stamps or pay for required postage). 2 , . , NAME ADDRESS ~ 2.o?A ~ 2M1. t:Au- <:..ul5I<. {...rJ" Lo~viJle 6'" ?ooSz.. t Ol) ~ li 1.I~~Lv() So fte w-;.A ~'( ~ ?~~ Alh.A~ krH-1L ~ f81f-.~lUA-l\Iity 7. Verification from each affected or potentially affected utility company that they have no interest in the vacation/abandonment, or, if they have present or future interest, proposed easement documents protecting their interests. (See attached Utility Company list) (ALL UTILITY COMPANY RESPONSES MUST BE INCLUDED WITH APPLICATION SUBMITTAL) 8. Obtain a survey of the street (or easement). 9. Obtain a title opinion (ownership and encumbrance report) from a title company. 10. That the following grounds and reasons are submitted in support of this application: DATED: APPLlCANT(S) NAME (PLEASE SIGN) ADDRESS STATE OF FLORIDA COUNTY OF PALM BEACH The above named applicant(s) being first duly swom by me the day and year above indicated, deposed and stated that _ he _ arelis the applicant(s) in the foregoing Application to AbandonNacate; that they have read the same and that the facts therein set forth are true and correct to the best of their knowledge. NOTARY PUBLIC, State of Florida My Commission Expires: Updated 10/15/01 3 UTILITY COMPANIES BellSouth Telephone Company Mr. Larry Mayernik 2021 S. Military Trail, 1st Floor, Eng. West Palm Beach, FL 33401 Phone: (561) 439-9118 Fax: (561) Florida Power & Light Company John Van Vleet 21400 Powerline Road Boca Raton, FL 33433 Phone: (561) 479-4511 Fax: (561) 479-4588 Florida Public Utilities/Flo-Gas Mr. Dayid E. Pelliee, Engineer 401 South Dixie Highway West Palm Beach, FL 33401 Phone: (561) 838-1752 Fax: (561) 833-0151 Corp. Gtl-~~ , C-.I.~I~O B?>E - 1-=11-3 Comcast Cab1evision of W.P.B" Inc. Mr. Dominique Aumais, Construction Coordinator 1401 Northpoint Parkway West Palm Beach, FL 33407 Phone: (561) 478-5866 ext. 340 Fax: (561) 686-9499 Adelphia Cable Communications Ms. Jeanine McEnroe 3020 High Ridge Road Boynton Beach, FL 33426 Phone: (561) 588-5553/265-3551 Fax: (561) 588-3381 Updated 12/11/03 J.\SHRDATA\PLANNING\SHARED\WP\FORMS\APPLICATIONS\UTILITY COMPANIBS FOR ABAN BASEMENTS 03-23-01.00 S.\P1snning\SHARBD\WP\PORMS\APPLICATIONS\ABAN\Abandonment spp1ication with pre-application added.doc 4 . FPL Florida Power & Light Company, 21400 rowerline Road, Boca Ralon, FL 33433 December 15, 2003 City of Boynton Beach Attn: Maxime Ducoste-A. Planner Development Department - Planning and Zoning Division 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Re: Road right-of-way to be abandoned NW 8th Avenue Dear Carolyn, The area petitioned for abandonment as stated in your letter dated December 8, 2003 has been reviewed as requested. Please be advised that FPL objects to the above abandonment. The reason for this is that FPL has existing facilities within the above right-of way abandonment. If you have any questions, please don't hesitate to call me at (561) 479-4511. Sincerely, <;;;}-lZJ_J~ John R. Van Vleet Senior System Project Manager fJEC+ 6 20(;3 an FPL Group company -Adelph;a Engineering Department 1401 Northpoint Parkway West Palm Beach, F133047 Monday, December 22, 2003 Maxime Ducoste-A. Planner, Development Department The City of Boynton Beach 100 E. Boynton Beach Boulevard, P.O. Box 310 Boynton Beach, Fla. 33425-0310 RE: Letter of Abandonment NortWest 8th Avenue and Crane B1vd.'s W & E Dear Maxime, In reviewing your request on the above ref. project, Ade1phia ( WPB ).. . has no objections in the abandonment of easement to the above description, as long as Adelphia facilities are granted the proper easement. Any and all cost resulting in the relocation or removal of Adelphia facilities due to said abandonment are paid by the customer and / or property owner and / or requesting party. Should you have any other questions, please feel free to call me at 1-561-656-8929/ Fax Number - 1-561-640-3996, or bye-mail iohn.clark(iiJ.ade1phia.com Sincerely, p~cw John Clark Field Coordinator Adelphia Engineering Group ct ,> :~- -~- " The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org December 8, 2003 Mrs. Dominique Aumais, Construction Coordinator Comcast Cablevision ofW.P.B., Inc. 1401 Northpoint Parkway West Palm Beach, FL 33407 RE: Road right-of-way to be abandoned NW 8th Avenue Dear Mrs. Aumais, The City of Boynton Beach as taken the initial steps to abandon the above referenced right-of- way. I am forwarding your company a location map and a brief description of the segment area to be abandoned. Please review and advise accordingly. If you need additional information, please do not hesitate to contact our office at 561-742-6260. Enclosure ~JV 'j' &J'~' 0 \'V ,.: 2/2::/2(103 09: 54 FAX 561640399l AD8LPHIA CARU: Ie I,; fr; '",:[ 1:~ !";-. _I -Adelphial EnginE~ering Department 1401 Northpoint Parkway West Palm Beach, Fl33047 DEG 2 2 2003 Monday, December 22, 2003 Maxime Ducoste-A. Planner, Development Department The City of Boynton Beach 100 E. BOJlllton Beach Boulevard, P.O. Box :no Boynton Beach, Fla 33425-031(1 RE: Ldter of Abandonment NortWest Sd' Avenue and Cran1l B1vd.'s W ~:; E Dear Maxime, In reviewing your request on the ,ibove ref. project, i'.delp:1ia( WPI; )..,1 liS DC O~IWl ,;.n. in the abandonment of easement to the above descrir ion, as long lIS ;ldel phia :'ac.i liti<< are granted the proper easement. Any and aU cost re!J!ting in the re:ooa:j'cn or reIilOV '( I Ade1pbia facilities due to said ablUldonment are paid by th~ custODltr .md .' or prCJ,:rt owner and I or requesting party. Should you have any other questions, I,leasc feel fre<<: to CfJ1 me at 1-56]. :i56-I;9:~ l/lJ Numbcor - 1-561-640-3996, or bye-mail jobn.c!ar!{laladeRpJria.I:!!!!! Sincerely, 9~ GW John Clark Field Coordinator Adelphia Engineering Group : 2/2::,2('03 09: 53 FAX 5616403996 ADELPHIA CAlIU If! '1' Adelphia )bur Link For ~1'IeI1ff11iing DEe 2 2 2003 Adolphfia Communications of West Palm Beach, Inc. Construction Department 1401 Northpoint Parkway West P~dm Beach, FL 33407 ( 561 ) .ol.78-5866 Fax Ph. No. ( 561 ) 640-3~6 TO: u(~T--rl" FROM: ~"""l (lLM}{.__ DATE:-P-/~-r\ --.------------- ---...- TCTi\lIIUMBEH ofF lC:f:; ( :"'~ lding :C"llI' f 19l I ", :':'" _ _ ..1... RE: ---2~I#( ~J? ~Jl\ .~""Z;; &lll:~-!&~e...I;~_.___,__ REMARKS: -'-.----. ------- "---- -- .- -----.------ - ..-.---.------------.-- '- ------.---..- .. . diiiiiiijiliiiii '::;i--;;;iI..iIi- - , CONn~IDEJllrrIALlTY NOTICE THISCOMMlmK;:ATlON IS ONLY FORTH', USE OF THI, INTENDED RECIPIeNT NIID MAY CONT~'IINFORMATJClN THAT IS PRIIIILf:GBl, CONFIOEN1lJ\1.. C:lR OT;-IERWI:3E PROTECTED FOI'IM OIIIClOSURE. IF YOU ARE NOT 'J1iE EMPLOYEE OR,~ RESI'ON$l8I.ErORoeU~ER:U>IG "THIS COMMUNI()ATIO~I TO THE INIENllIID REeIPIS,", YOU ARE HERI'I3YNOTIFlBlTHAT 1M READING, OUT. RIBUTION OR COPYl~I:l OF THIS COl'MUNlC:Al1ON IS STRIClTY PROHIBITED IF YOU HAVE 'tECEl1lED THIS COMMUNICATION IN E~ PlEASE NOllFY IJS 1M- MEDlATElYBYT3.EPHONE AND REI\JI:NTHE OIltGIIW. TO us VIA THE U~ITED nTATES POSlAl 1/l:RV1GE. llillNK YOU. ~!\!!!!!!!!!!!!r.!!!!!!!!!!!!!!!I!!!!l!I!!!!!!I!!!:~!!!!I!!!!!_!!!_ @ BELLSOUTH BellSouth Telecommunications, Inc. Engineering Department 2021 So. Military Trail Room 107 West Palm Beach, FL 33415 Office: 561439-9118 Fax: 561-964-3499 00 Il~ \ j 'I ! December 30,2003 , , _1 Maxime Ducoste-A. City of Boynton Beach, Florida Development Department-Planning & Zoning Division 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33425-0310 Re: Utilities Review for Road R/W abandonment: N.W. 8th Avenue DEPARTMENT OF DFVElr1r'M! . Dear Maxime: Upon review of the above-mentioned Right of Way, BellSouth Telecommunications, Inc. has no objection to the proposed abandonment. The proposed plan does not encroach into easements but does interfere with the provisioning of services. Should there be any cost associated with the rearrangement of existing BellSouth facilities to accommodate the abandonment those costs would be passed on to the property owner being served by the drop wire in conflict. Please contact Lance Mills at 561 988-6512 should you require any additional information concerning this matter. ~c~ Robert C. 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CITY OF BOYNTON BEACH City Attorney's Office Memorandum TO: Michael Rumph, Director of Planning and Zoning ~'1 Michael J. Pawelczyk, Assistant City Attorney j ~(/f March 18, 2004 FROM: DATE: RE: City of Boynton Beach ("City")\Habitat for Humanity Purchase of Reversionary Interest from Leonard E. Smith-Northwest 8th Avenue Right-of-Way Attached is a copy of a letter dated March 15, 2003, from Carl A. Cascio, Esq. Mr. Casco represents Habitat for Humanity in connection with the above matter, and has requested that the City advise whether or not this portion of the subject right-of-way had ever been abandoned. Please provide me your response in writing as to what your research reveals with respect to whether or not the subject property has been abandoned. Thereafter, we can discuss how you intend to present this matter to the City Commission for consideration. Should you have any questions or wish to discuss this matter further, please do not hesitate to contact our office. MJP:cJe Attachment H:\1990\9UUJ 82.BB\MEMO 2004\Rumph {llabitat for Humanity).doc Mar 15 04 03:28p M~r 15 04 03: IIp Clt~ Attorne~'s Office 561-742-6054 p.2 .,...1 Cascio 561- 7-9775 p.2 ~ LAWOFFlC(S ~ Carl A. Cascio, P.A. Carl A. Cascio OF COUNSf:L PINEAPPLE GROVE PROf"~~jONAL CENTER 52!! N.I':. 3RO AVENUE: SUITE 102 DEL.RAY BEAeH, F'LORIOA 33444 TELEPHONE: (661) 2""-""73 FAX (!S8Il 274.8305 WoNW.c;!~lolaw.com Gary S. Gaffney BOARD CERTIFIED R~L ESTATE ATTORNE:Y March 15, 2003 Via Facsimile and Regular Maii James A. Cherof, Esq. City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 RE: Habitat for Humanity Purchase from Leonard E. Smith NW S~ A venue - Right of Way Reversionary Interest Dear Jim: Please be advised that the Law Office of earl A. Cascio, P.A. has the privilege of representing Habitat for Humanity with respect to the Purchase of a Reversionary [nterest from Leonard Smith, which is adjacent to property already purchased by Habitat for Humanity. The right of way is more particularly described as follows: NorthweslS" Avenue beading West from Northwest I" Slreello Grand Blvd. Wesl; and Grand Blvd. West heading Northeast to Northwest It. Avenue. It is Mr. Smith's belief that sometime in the past, the City of Boynton Beach may have abandoned any and all rights it had to this right of way. This property lies within the same area as the right of ways that were previously abandoned by the City in connection with The First Baptist Church of Boynton Beach Property . If you could suggest how we could determine the best way to research whether or not this right of way had been abandoned by the City of Boynton Beach, it would be most helpful. Previously, Rosemarie, in your office, had researched prior ordinances to determine whether or not the remaining portion of the Northwest Third Court right of way had been abandoned, and was able to determine that it had not yet been completed. It is Habitat's intention to purchase the reversionary interest from Leonard E. Smith contingent upon the City's Abandonment ofthis right of way. The reversionary interest is defined as follows: That part of BOYNTON HH.r ,S as more particularly described as a subdivision of all the boulevards, streets, drives and circles as shown on that certain instrument dedicating same to the perpetual use of the public as public highways, according the plat thereof on file in the office of the Clerk of the Circuit Court, Palm Beach County, Florida and as further described in Exhibit l'A" attached hereon as Plat Book 4, Page 51. ~Iar 15 04 03: 28p Ma,r 15 04 03: 12p CI~'~ Attorne~~s OFfice 561-742-6054 C.....l Cascio 561--; -9775 James A. Cherof, Esq. March 15,2004 RE: Habitat for Humanity Purchase from Leonard Smith Page Two _J I have enclosed a copy of the Quit Claim Deed from the Owners of the property at the time of its platting to Mr. Smith, who was the Grantor to the church, for your review. Based on my review, it is Our position that since the parcel is no longer used for public purpose, as described in the Plat, that the property should revert to the assigns of the reversionary interest. It is clear from this area, that the City has no intentions of using this property for right of way purposes and has abandoned ils use of this parcel for public purpose some time ago. I would appreciate it {fyou could review these documents and if you are in agreement with my assessment, we can proceed forward with purchasing the property at minimum consideration and without the necessity of an appraisal. The reason why I'm requesting this done without an appraisal and that you determine that the City has abandoned or discontinued the public use of the property, is to avoid the cost and delay of obtaining an appraisal. We would like to have any opinion from you first as 10 whether or not the City has previously abandoned these right of ways, and secondly, jfthe City has not, what actions will be necessary in order to accomplish this and also in what time period. I look forward to your response in this matter. V ery tJ:".~ly yours, ti;:~~~> Carl A. Cascio cc: Charles Fix, Habitat for Humanity) Via telefax Enclosure p.3 p.3 t1ar 15 Mar 04 15 , {pO ""7: /, S5 03:28p 04 03:12" C T +.~ Attorne~ ~ 5 .r 1 Case i 0 561-742-6054 OFFice 561- .7-8775 .. J II" OUlI-o..<lMIlUc. "_.'.""~.._'-..- -.-.-...- ". -- J.d,...IIIo.I_... DnW'1 101101,.. I, I (;8506 TIa;... Qu:LS'fillflTl )).,.,,{ ,.,. ,',." .1_, A I ,. r ........ --t..... .......... .............., .....,.....,~.. ..............:.:=:::::.u.., "I 11-........_-<- ...."..~. ..A.. D. u 72 .!:; Cura S. Bra11~y, individually (i,.tplf"y.lo Leonard E. Smith, wluuc pOdo/ficf' f1drln!'~ is P. O. Box 1608 i Albany I GeorQia 31702 S~COllJ plll1y: CD :r :~:::;:::.;~~ .~~;.~~ :r~~~~~; ;~~:=.r~"~~~i':llu::~~:,,,~,,::l:::~.,~;~::: ...~"';u""",,.drto.l 1tIitafssrlh, 1'/,,,1 111<J sn/el/intl PII")', lor Wi'l CCln,;Jemlion of lilll $11m (If SID. 00 ill J""ul poid I,l' d". 'airl n~onJ pcu-Iy, Ihf! "",pi wlu'n!DJ b 11111111" IIc/r110wl.r/gM. tloc, hert'JJ)I rom'''/!. N. 1"""11 /llId quil.,dolrn '",10 II,,, 'Dld lecund P""1 {U,.I1.I'. ..It II.. r-1gl.r, Ill!., tnl""""II. rMi".. IInJ .'<llftancl w~ic" I~.. ....i./ (i"" I"Q"I" '"" ,.. 0"" '(1 "... foll....,'1I(I ,'-niL..J 10,. pi".,. III ~rl III 1.."./, .il....I..., l,.iflg alld ~l", ill Ih" c.;>un'y nJ Palm Beach S,..I*o! Florida .111-1'1//; "" n."'......:-"; ~-::;T"::. i;'\tr.r€~t. ie', 1.h:at po~~ion Qr "BonlWe. H!L!.~" "Jlt~ more panic- Ul~I"l~ d~f'C:-ib(:-~ ...~ u. subci..jG~~" c,f Ol.ll the BoulevardsJ StrElets, Drivl'ls .:lOt: c~ rn...e.::; a.,s .s~'010.-n on that cartaiJl inslrtUllll-n1. dedj l;:atin" a.-.m6- to the p!.:'1'])1)1.ual us; e>f ::.hc public I1s public hi&h~"it'y5J ?~('.orr'.:.nC '-' to the plat t.}.l3:-eoI on fJ..l.. in the O!'f'lCfl c! th~ Clerk of ~jrc:ul1.. Ceu~t !,alm Beach County, iloric.a, an:l as !'Jlr~he!' de.ll'cribcd in EXP.InIT "At! a.Lkehed hf!rp.(m. -p 13 'I, P'7< 5" I , ~ ~ "" ~ '" l:" .~ '1 ~ ~- , c> .- -" :o;i:..... "" . ~ FLORIDA I STAMP TAX I -I SO I. 20 I I N ~f FLORI A ';IPf.IAUG-l'IZI (II" P.II. IUUt'i 10824 DOCUMENTARY:: SUR TAX ~ b n n ""1- ~~ ~ x U "'':0 :!5 iLJ ~ ~Il:: WG-1'n ~r052' TD Itape and to tloJd the ,am. IO!l."I~ftr with eU arul ,ingula.. Ih.. oppur/!"lOnCl!f 1/,~rpUn'" l,rlll/tO/tlfl or i.. "">,,,.;.,,. "I'I',.<I....,,;"{/. and 011 'he rJ'elc. nohl. WIer, InlcrtrJll, lien. .'1ull)l .....1 daJ"" wha,- lO<'f'l'r o/ll,r.' ,..Jlll Ijr~1 Tlllrl)l. Pilh.., in lall' 1:1. !'quit,.. 10 Ihn IInly ;ffOplI.. 10.. funrlil 'md. LoJLoof oJ .l1e JojJ J('I,mt! pnrly !w.."",. , Ii Ii I' " " j,Q.. . /l '" //; '0" - 'I _=c.~../4:......u...ttte;e4.a:~. !.:C~C? .m.......m.._..........~ ,. )n }QHness ItIhertof, TJII! ~old /11'11 pa,l)l J,.... .1(lMd ~ ,..g/e1l tI.uc Ilre~e"b !irslol>cufJl1IrilfM. ,. Sli/"..,I, "filM 011I1 rl"//""'f'rl ill p.eJcllc:e-."I: I/II~ day flml )lflQl ::~~~tL~ -indt\;;ia-'r as ~\lrvivinQ Spouse of 0 ... .....fu:.ule.y......de.c.eas.ad....m... _.._ -; I, II II 'I 'I I ; , i I. il 'I :H..\TE UF xrO,KUJX, OHIO COI!:".-J'Y OF L1J~flS J HEREI.IY CERTIFY WI 1>" 110;1 d.". bd_ _. In ,"/ir" dut)' ~",l""i~d i.. II". SIM.' af...c,,",jd .nd in tht: CflUnJj" .I..,naill .0 ""k~ a<:k.......lodll"'.n". pc.....1Io1l1ly app"..n:d (!O/f./J S. ,8l?I-JI,(..Ey U. lne knuw.. 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