REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 04-185
TO:
Chairman and Members
Planning and Development Board
THRU:
Michael W. Rumpf
Planning and Zoning Director
FROM:
Maxime Ducoste-A.
Planner r~ .
July 21, 2004
DATE:
SUBJECT:
Boynton Lakes Plat No. 2- Abandonment of a portion of a utility easement
ABAN 04-006
NATURE OF REQUEST:
This request to abandon a portion of a utility easement was submitted on June 22, 2004. The applicant,
Kristen Conti and Jeannie Heavilin, agent for Sara L. Valashinas, is requesting to abandon 2.3 feet of the
utility easement located on Lot 3 of Block 26 Boynton Lakes Plat No.2. It is described as follows:
The west 2.3 feet of the east 6.5 feet of Lot 3, Block 2~ Boynton Lakes Plat No.2, as recorded in
Plat Book 46, Page 26, of the publiC records of Palm Beach County, Florida.
The location map attached as Exhibit "A" shows the general vicinity of the portion of the utility easement
to be abandoned. The attached Exhibit "B"- shows the location of the proposed abandonment and its legal
description.
The following is a description of the zoning districts and land uses of the properties that surround the
subject easement.
(see Exhibit "A" - Location Map)
North: Single-family detached zero lot line homes (Boynton Lakes PUD);
South: Single-family detached zero lot line homes (Boynton Lakes PUD);
East: Right-of-way for Boynton Lakes Boulevard; and farther east Boynton Lakes PUD Plat
No.3;
West: Right-of-way for Boswell Place; and farther west single-family detached zero lot line homes
(Boynton Lakes PUD).
BACKGROUND:
When the Plat of Boynton Lakes Plat No.2 was approved it included a twelve (12) foot utility easement
located along Tract "F", which abuts Boynton Lakes Boulevard. That entire easement was located at the
rear of the subject lot. On July 21, 1987, The City approved the abandonment of the twelve (12) foot
easement and subsequently a replacement was provided. The replacement utility easement encompasses
Page 2
Memorandum No. PZ 04-185
ABAN 04-006
easterly 6.5 feet of the subject property and westerly 6.5 feet on Tract "F". A screen porch was built with
permits in 1994 and encroaches within the 6.S-foot utility easement located on the subject property. The
abandonment of the western 2.3 feet will resolve the porch encroachment and the porch will comply with
the 3.S-foot rear setback. According to the applicant, the entire 6.S-foot utility easement located on the
subject property is not being utilized by any utility companies (see Exhibit "B1" - Applicant Justification).
ANALYSIS:
Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the
easement 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:
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)
No objection
No objection
No objection
No objection
N/A
RECOMMENDATION:
Staff recommends that this request to abandon the west 2.3 feet of the east 6.5 feet of Lot 3, Block 26,
Boynton Lakes Plat No.2, and as described above be approved. No conditions of approval are
recommended. This recommendation is based on staff's finding that the utility easement serves no public
purpose. Any conditions recommended by the Planning and Development Board or required by the City
Commission will be placed in Exhibit "C" - Conditions of Approval.
xc: Central File
S:\Planning\SHARED\WP\PROJECTS\NAUTICA\ABAN 02-Q02\Staff Report.doc
..
1 in. = 100.0 feet
~~
v
",~.'" '-~~.') J
" ~('
;.. . v
-1-- . .. ...."
rOf'. ,,-.
BOYNTON LAKES PLAT # 2 LOCATION MAP EXHIBIT "A"
JOSllPh M. Tucker, P,LS.
EXHIBIT "B"
SURVEYORs
BOUNDARY SUAVEY
MORTGAGE SUAVEY
CONSTRUCTION LA YOU
310 SOUTH FEOERAL HIGHWAY. P.O. BOX 7S9. BOYNTON BEACH. FLORIOA 33425
BOYNTON BEACH Phone (561) 737-6546 . Fax (561) 734-7546
BOYNTON LAKES PLAT NO.2
LOT 3, BLOCK 26
2.3 FOOT EASEMENT TO BE ABANDONED
EASEMENT TO BE ABANDONED, THE WEST 205 FEET OF THE EAST 6.5 FEET OF THE
UTILITY EASEMENT AS RECORDED IN THE MEMORANDUM OF ABANDONMENT AND
RELOCATION OF UTllJTY EASEMENTS, IN OFFICIAL RECORD BOOK 5466, PAGE 641,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA SAID EASEMENT
BEING A PORTION OF LOT 3, BLOCK 26, BOYNTON LAKES PLAT NO 2, AS RECORDED
IN PLAT BOOK 46, PAGE 26, OF TIIE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA
CERTIFICATION
.~ ,.-.
I HEREBY CERTIFY TIIAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE
PREPARED IN ACCORDANCE wrrn THE SURVEYING STANDARDS, CHAPTER 6IG176, FLORIDA
ADMINISTRATION CODE, SET FOURTH BY THE FLORIDA BOARD OF PROFESSIONALSURVEYORS AND
MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND IS TRUI; AND CORRECT TO TIIE
BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS TIlE SIGNAlUREAND THE ORIGINAL RAISED
SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER, TIllS DRAWING, SKETCH, PLAT OR MAP IS
FOR INFO TION PURPOSES ONLY AND IS NOT VALID.
NOTE; TInS IS NOT A SKETCH OF SURVEY"Bl,[I' ONLY
A GRAPmC DEPICTION OF THE DESCRIPTIoN;,SHOWN
HEREON, THERE HAS BEEN NO FIELD WORK viEWING
OF THE SUBJECT PROPERTY, OR MONUMENTS SET IN
CONNECTION WITH THE PREPARATION OF TInS
INFORMATION SHOWN HEREON.
LB 2102
Joe Tucker
NOTE; LANDS SHOWN HEREON WERE NOT ABSTRACTED
FOR RIGHTS OF WAYS EASEMENTS OF RESERV A;TIONS
OF RECORD ,,' .
219 S.E. 23RD AVENUE
P.O. BOX 759
BOYNTON BEACH. FLORIDA 33435
Phone:
eOce (561) 391.4388
8Qynlon (561) 737.6546
FA)( . (561) 734.7546
~ .. ~
. . I a .
.. .-
~
~~
RICHARD L. SHEPHARD and Associates, Inc.
J,?seph M. Tu!,:ker, P.L.S.
'1-.
~
I.l
"""~
~
~"
~Vj
\)~
~
\) "
:. I.l
.() t::
<..,.,1:1
~~
~
, ,
'It,~
i:,~.
SURVEYORS
EXHIBIT "B"
BOUNDARY SURVEYS
MORTGAGE SURVEYS
CONSTRUCTION LA your
219 S.E. 23rd STREET, P.O. BOX 759 - BOYNTON BEACH, FLORIDA 33435
BOYNTON BEACH Phone (561) 737.6546 . Fax (561) 734.7546
/
) () 7l . L .U'
,~ IS7-/P?''t>' '?,?p.s;, gZ/o
~I\j~ .,..... -,.. ~- .. . -.. X ~V;;1Cu,;>s'e:-3;Y/PfO..,G;?
~ ~ ,... ;:/" .l7!7ctL. .'.. . ". '"
.- ,
---~~~.- - -f'
~ ~. ~
it- \J ,OO'Of;'3 "(,9",,,(1 <>/0 S ~
~ 3 ~_
-~~-
.. -~
~)
-1.,," ~
o <:: ~
()" "
\(~~
iY-~~ ~
~~~ :
~,
\&,
,l.'fr/
l'; , ,P'f!~~:J~ ;
I :, ',i29a:3'/!V'7" . '"
. ..----'-'"
. ~ .'. ..'. ' . .' .; .
.. ,..... "
1>" <:" 'Z
tJ S'q II;
.0:.9 ~
, '.
~
l%
l~f-
~I~~
. vI ~~
~~I ~~
'" ()\I
~I
.0',;1 ( ~ I
\01
~
"'"
101
tt,. b<
~ I
~ ~
I?i"n
0....
If' oj
o
1\0
-!.z
"
w
.
-
o
~i ~
~lQ
.~<:ll
~z
.~
~
~
~
~
t
~tD
~~
~
,
'"
~
:.:' ..
'--,
.fJ%2
" ". a~"
, '.~ ',' ,~O': ' .
.
\0
0_
- tn
cv....
tn.
. 00
"
tn
0" :,', '
, .' ,'"
z
/
/
b
<:f,"
-.
\--
~
.~
:3 J Vl d
K ll:3MS08
:\l .
~~ '<::s,
~~ ~
\i~
\\J~
~~
~<:,
~~
Sl
~~
~~
~l
" I\)
*,'-1
~~
~~
~~,
,tiS
r:
o
z
,Og'G, ,.
~'
~
~.
~
~
.
~.
~
~ '
~.
"'1St!f
~r;"5~'
5u8-
e;sirilllri
. as i5
f5g~~
~do::2;.
UZUfgi
~f5!il~
lil ~ro::.
",l ~~',
eoooo
~ ~ Ii ~.t='
I><oe:-:..
Q:l.~~'
~ ~ 'J:)' S3.~1
~ ~ 0 ~ ,;.."..~
~~~~ ~~..
u
::>
a..
\I.-
)j;.-
f.
(LO'
EXHIBIT "B1"
APPLICANT JUSTIFICATION
EXHIBIT A
TO ABANDONMENT PETITION OF
SARA L. VALASHINAS
The legal description of the subject lot is the following:
Lot 3, Block 26, Boynton Lakes Plat No.2, according to the Plat thereof,
recorded in Plat Book 46, Page 148 of the Public Records of Palm Beach
County, FI. (a copy of the plat and survey are submitted herewith)
The utility easement that is the subject of this Abandonment Application was created by
the above referenced plat over the rear of the subject lot, specifically, the easement as
originally created was the East 12 feet of Lot 3, Block 26, Boynton Lakes Plat No.2.
The City adopted Resolution 87-YY on July 23,1987. This Resolution by its terms
abandoned the entire 12' easement. Please see Exhibit A to the Resolution 87-YY
Page 4 of 4 and you will see that the third legal description from the bottom of this page
is "The East 12 feet of Lot 3, Block 26 of said plat: Boynton Lakes Plat No.2 (P.U.D.)"
However, the City approximately 3 months after the adoption of Resolution 87-YY
required the developer, Lennar Homes, Inc., to record a Memorandum of Abandonment
and Relocation of Utility Easements dated October 29, 1987 which reestablished the
easement to be the East 6.5 feet of Lot 3, Block 26.
In 1994 the City issued a permit to construct a roofed screened in porch to the rear of
the subject property and issued a final inspection approving its construction, The porch
encroaches 2.2 feet into the remaining easement.
The abandonment request is to abandon an additional 2.3 feet of the remaining
easement to cure the encroachment. This would leave the original easement width at.
4.2 feet 1 (however, see below, remaining easement area is actually 10,7 feet). It is
respectfully requested that the legal description for the abandonment be the following:
"The West 7.8 feet of the East 12 feet of Lot 3 Block 26 Boynton Lakes Plat No.2,
according to the Plat thereof, recorded in Plat Book 46, Page 148"
1. The actual width of the remaining easement is 10.7 feet because in the Memorandum of
Abandonment and Relocation of Utility Easements there was an additional 6.5 foot in width
(length-200 feet) easement created behind Lots 2-5, inclusive, of Block 26. The legal
description for this additional easement area is on the last page of the forgoing Memorandum
and is the last legal description on that page. Please find attached hereto a Special purpose
Survey done by Richard L. Shephard and Associates dated 6/21/04 that shows graphically this
additional 6.5 foot easement area together with the legal description (it is also shown on the
survey submitted herewith). This additional easement area is not part of the lots referred to, it is
behind and abuts the lots.
EXHIBIT "C"
Conditions of Approval
Project name: Boynton Lakes Plat No.2
File number: ABAN 04-006
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments:
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments: None
PRIVATE UTILITIES
Comments:
4. Adelphia: None.
5. Florida Power & Light: None.
6. Florida Public Utilities Company: None.
7. Bellsouth: None.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD
CONDITIONS
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:IPlanning\SHAREDIWPIPROJECTSIBoynton Lakes\ABAN 04-006\CQA.doc