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
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NW 8TH AVENUE LOCATION MAP EXHIBIT "A"
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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.
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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 ~'( ~ ?~~
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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}{.__
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- , 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~ \
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December 30,2003
,
,
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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. Lowen
Project Manager-Right of Way
Attachment
Cc: Lance Mills
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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
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Mar
04
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C T +.~ Attorne~ ~ 5
.r 1 Case i 0
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1tIitafssrlh, 1'/,,,1 111<J sn/el/intl PII")', lor Wi'l CCln,;Jemlion of lilll $11m (If SID. 00
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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//;
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n."'......:-"; ~-::;T"::. i;'\tr.r€~t. ie', 1.h:at po~~ion Qr "BonlWe. H!L!.~" "Jlt~ more panic-
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