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REVIEW COMMENTS DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-185 THRU: Chair and Members Community Redevelopment Agency Michael W. Rumpr{\Q~ Planning and Zoning Director TO: FROM: Kathleen Zeitler Planner DATE: September 26, 2005 SUBJECT: Abandonment Request of the Alley west of 805 North Federal Highway ABAN 05-007 NATURE OF REOUEST The applicant, Daniel Spotts, owner of Miami Aqua Culture, Inc., is requesting the City to abandon a portion of a public alley which abuts the rear of his business property located at 805 North Federal Highway (formerly Act II consignment shop, currently an unoccupied commercial building). This 20-foot wide unimproved public alley runs north and south adjacent to and parallel with the Florida East Coast (FEe) railroad. The portion requested to be abandoned is approximately 20 feet in width by 50 feet in length, and a total of 1,016.7 square feet (0.023 acre) in area. Per the survey submitted with the application, the platted alley segment is legally described as follows: A portion of a 25 foot right-of-way lying west of Block 1 of Lake Addition to Boynton Beach as recorded in Plat Book 11, Page 71, of the public records of Palm Beach County, Florida, being more particularly described as follows: Being bound on the north and south by the westerly extension of the north and south line of Lot 17, of said Block 1. Bounded on the west by the west line of said right-of-way, said line also being the east right of way line of the Florida East Coast Railway, as shown on plat, and bounded on the east by the west line of said Lot 17, Block 1. It is important to note that the legal description on the survey submitted incorrectly states that the width of the right of way is 25 feet, when it is actually 20 feet in width. The survey submitted indicates no below ground improvements, footers, foundations, or utilities have been located or shown on the survey. The Location Map (see Exhibit "A") shows the general vicinity of the public alley right-of-way to be abandoned. The Proposed Abandonment (see Exhibit "B") depicts the exact location of the subject site and its boundaries and legal description. The following is a description of the land uses and zoning districts of all properties that surround the subject portion of the public alley right-of-way. North - A portion of the 20-foot alley located to the rear of Lot 16 (a vacant 0.12 acre lot zoned C-4); South - A portion of the 20-foot alley located to the rear of Lot 18 (a 0.56 acre lot zoned C-4 used for vehicle repair); Page 2 Memorandum No. PZ 05-185 ABAN 05-007 East 805 North Federal Highway (Lot 17, Block 1 of Lake Addition to Boynton Beach Plat) zoned C-4 (applicant's property); and, West - A 50-foot wide railroad right-of-way for Florida East Coast (FEC) Railway. BACKGROUND The subject portion of the 20 foot wide alley lies within the boundaries of Lake Addition to Boynton Beach Plat. The approved plat was recorded in Plat Book 11, Page 71 on April 9, 1925. The plat includes a total of 190 individual lots, a 50-foot wide railroad right-of-way owned by the Florida East Coast (F.E.C.) Railway, several 50-foot and 66- foot wide rights-of-way, and several 15-foot wide and 20-foot wide alleys. The plat also contains a reversionary clause in the dedication, which states "does hereby dedicate to the perpetual use of the public as public highways, the streets, avenues, boulevards, and alleys as shown hereon, reserving however unto itself, its successors and legal representative, the reversions or reversion of same, whenever abandoned by the public or discontinued by law". The City makes no representation regarding the impact of the reversionary language on title to the adjacent properties. Re-development or expansion of the adjacent property following abandonment requires the property owner to establish proof of clear title as a condition of re-development or expansion. The applicant has submitted a copy of a report dated January 7, 2005 from Title Evidence of South Florida, Inc. which discloses that title of the subject property is vested in the City of Boynton Beach via the dedication shown on the recorded plat, and at this time said property is free and clear of any liens and encumbrances, and exempt from ad valorem taxes. On July 7, 2005 staff held a pre-application meeting with the applicant. Notes of the meeting indicate that the applicant initially informed staff that the alley was overgrown with weeds and attracted vagrants and crime, and he wanted to abandon the property so he could maintain it. The applicant further clarified that he intended to use the alley behind his lot for additional business parking. Staff explained that there were alternatives without the need for abandonment, such as a revocable license agreement, whereby the applicant could lease the land from the City. Staff also informed the applicant of the following: (1) per State law, if the property is abandoned each adjacent property owner would get one-half of the abandoned property, (2) the presence of any live utility in the alley would require an easement dedication, and (3) the use of the property for a parking lot will require a City approved site plan modification which complies with all applicable Land Development Regulations. City records indicate that portions of the public alley located north of the subject property have been abandoned by the City (Resolutions 90-179, 93-79, 98-56, 98-130) subject to conditions of approval regarding easement dedication. ANALYSIS When a right-of-way, such as this unimproved alley, is abandoned the abandoned land is transferred in equal portions from the general public to the abutting property owner(s) per State law (~336.12). Typically, two (2) properties would be affected by an abandonment request: one-half of the right-of-way is conveyed to one (1) abutting property owner and the other half is conveyed to the other abutting property owner. The applicant requesting this abandonment is the owner of the abutting property to the east (at 805 North Federal Highway / Lot 17, Block 1 of Lake Addition). Public records indicate that Florida East Coast Railway is the owner of the abutting property to the west (50-foot wide railroad right-of-way). Staff has attempted to contact a representative of the FEC Railway and has received no comments from the FEC regarding this requested abandonment. If the abandonment request is approved, the applicant would receive only one-half of the alley width, or ten (10) feet total. A 10 foot strip may not be enough property to utilize for additional parking as the applicant proposes. The applicant could try to obtain the additional property from Florida East Coast Railway. Page 3 Memorandum No. PZ 05-185 ABAN 05-007 A summary of the responses from the city staff is noted as follows: CITY DEPARTMENT / DIVISION Public Works / Engineering No objection to requested abandonment Support Abandonment with Dedicated Easement or a Revocable License Agreement Development / Planning and Zoning No objection to requested abandonment Support Abandonment with Dedicated Easement or a Revocable License Agreement Recreation & Parks / Parks No objection to requested abandonment Per letters from utility providers submitted by the applicant, responses from the utility companies are noted as follows: PUBLIC UTILITY COMPANIES Florida Power and Light Bellsouth Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection to requested abandonment No objection to requested abandonment No objection to requested abandonment No objection to requested abandonment N/A Adequate public notice was given to all affected property owners in accordance with Chapter 22, Article III, Section 4, of the Land Development Regulations. All public utility companies have been notified and the abandonment request has been advertised in the local newspaper. Comments from the City Engineer / Assistant Director of Public Works regarding the abandonment state that there is a live utility service (sewer line) located within the 20-foot alley, and that a majority of the alley would have to be retained as a utility easement (a minimum of 12 feet in width). The City Public Works / Utilities Department typically oversees easement dedications. At least sixty percent (60%) of the 20-foot alley would be required to be dedicated as a utility easement if the alley were abandoned. An alternative to abandonment, proposed by the City Engineer is a Revocable License Agreement which allows the subject property to be leased. The Revocable License would allow the applicant to use the entire width of the alley (20 feet), rather than one-half (10 feet) if abandoned. RECOMMENDATION Staff has determined that the subject portion of this alley no longer serves the public for access purposes and, with establishment of an easement, the limited use of the alley for utility purposes would be preserved. Therefore, staff has no objection to the request for abandonment, and supports (1) abandonment with a condition of approval that a utility easement be dedicated, or (2) a revocable license agreement. Since the applicant desires to improve the subject property with additional paved parking for his business, he would rather own the property, not lease it. Staff recommends approval of the requested abandonment with the condition for an easement, and the applicant has agreed to the stated condition. Any additional conditions recommended by the Community Redevelopment Agency Board or by the Commission will be placed in Exhibit "c" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\805 N. Federal Hwy\Staff Report (ABAN 05-007).doc . 1 in. = 127.4 feet EXHIBIT LOCATION MAP EXHIBIT "B" SURVEY I==LORIDA ) ~~; d}A~T ~A'L~ c?c: 1<161-fT -0,:'- WA '( \- s ~ cL t. -~ ~ ~":2 ~:8~ ~- - \is ~ _ ~ o~~" ~ .~'~ ~ 2. " · LAP FOuN 0 Itz. 1,12,. J.. \..~ ZIOl,. tI NO-r Zo'41 E SUBJECT ABANDONMENT . , roLJr-J.\? I\Z' I.~ r LA f' l-t? ZIOl.-, . SiO.se' ~ --- ~-- /01(0.1 "':7QUARE FEET ~ RlGt-I-r-oF_ WAY Pt::R EXtBT/'foo..Jb ~. L. F ~ \U ~~ Ll\ - - ':r . .:T ~ a) "" ~t19 · Lo-r IB l}LC>G.(. I . \ ~Q.:. - tt\ c~ ~.. I"<'~ ()~ lPf 11 ~ LOc..K.. I ~yt-JTDr0 LAKf. AOOI-rIO~ 10 \ p~ II Ph.1 ~ '::..IIJ) ~~ ~~ C1LX'~ y- , , <-,0... J~o<.tll .---- ~oer\.t LIt-J6 ~ Lo1" n -~ II) to1' 1(P g r ~Lo~K I -s: ~ \J\ ~ t\ UN€:/ ./ ,?OIOO' \?.I\J v (~RnI Fep~~L Pltl E It I,," loJA I . HI~~IJAY ) N~ EXHIBIT "e" Conditions of Approval Project name: Abandonment of a Portion of 20-Foot Wide Alley for 805 North Federal Highway File number: ABAN 05-007 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: 1. Dedication of a Utility Easement for City utilities within the right-of-way to be abandoned is required. 2. No structures or landscaping shall be placed within the confines of the required utility easement without the express written consent of the Engineering Division of Public Works. 3. The legal description needs to be corrected to read as follows: itA 20-foot (not 25-foot) right-of-way lying west of Block I . . . POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALIST Comments: None Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 4. The dedication of the utility easement shall occur prior to the second reading of the ordinance. PUBLIC UTILITY PROVIDERS Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 5. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 6. To be determined. S:\Planning\SHARED\WP\PROJECTS\306 BBB, ABAN 04-005\COA.doc , EXHIBIT "e" Conditions of Approval Project name: Abandonment of a Portion of 20-Foot Wide Alley for 805 North Federal Highway File number: ABAN 05-007 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. Dedication of a Utility Easement for City utilities within the right-of-way to X be abandoned is required. 2. No structures or landscaping shall be placed within the confines of the X required utility easement without the express written consent of the Engineering Division of Public Works. 3. The legal description needs to be corrected to read as follows: X "A 20-foot (not 25-foot) right-of-way lying west of Block 1 . . . POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X ,J Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I PLANNING AND ZONING Comments: 4. The dedication of the utility easement shall occur prior to the second reading X of the ordinance. PUBLIC UTILITY PROVIDERS Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 5. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 6. To be determined. S:\Planning\SHARED\WP\PROJECTS\306 BBB, ABAN 04-005\COA.doc DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 05-069 TO: Ed Breese, Principal Planner Planning & Zoning Division $ H. David Kelley, Jr., PE/Psrvfl(J City Engineer FROM: DATE: June 2, 2005 REF: Memo #05-062, dated 5/18/05 SUBJECT: City Abandonment Petition No. OS-xxx 30-foot R1W, Railroad Avenue Northwest Quadrant with S.E. Sth Avenue Application by Jeanne Heavilin, Salefish Realty, Inc. I attended a seminar last Friday, May 27t\ on the subject, "Florida Easements: Right-of-Way and Other Encumbrances", which was very useful. This is particularly applicable to bullet item #2 that I noted in the above referenced memorandum. Abandomnent of any public right-of-ways can only be split 50% to the property owners on each side of the abandomnent; no allocation can be slanted toward one side or the other for any "honest to goodness" purpose. Therefore, the proposed abandomnent that is the purpose of these memorandums cannot take place as intended. Therefore, it is suggested that the City propose to generate a Revocable License Agreement for the use of this "non-used" roadway right-of-way by the adjacent property owner. This would eliminate the "giving"one-half of the abandomnent to the FEC RIR, and only one-half of the abandomnent to the property owner, even if the railroad did not want it. [I do not want to even speculate what the railroad would do with the 'obtained' property.] The Revocable License Agreement would follow along the lines of the document that the City Attorney's Office is preparing for another situation along NE 4th Street. If the other provisos indicated in the original memorandum are performed, this Division will support the application (for a Revocable License of use Agreement). Please keep this Division informed as to the progress of the application. If you have any questions, please advise me at x6488. HDK/ck xc: Jeff Livergood, PE, Dir. ofP.W. Laurinda Logan, PE, Sr. Engr. Mike Rumpf, Dir. ofP&Z Div. David Tolces, Esq., City Attorney's Office Peter Mazzella, Deputy Utility Director File S:\Engineering\Kribs\Abandonment Petition, 30' RW, Railroad Ave., Application by J. Heavilin (Salefish Realty) 6-2-OS.doc ~ -~ PLANNING AND ZONING MEMORANDUM TO: Jody Rivers, Parks Superintendent FROM: Kathleen Zeitler, Planner DATE: August 18,2005 SUBJECT: Abandonment Request for the Alley west of 805 North Federal Highway Attached for your review is a copy of the application for abandonment associated with the alley west of 805 North Federal Highway, adjacent to the FEe Railroad. If you could take a look at this material and let me know if you have any comments regarding this abandonment request, I would greatly appreciate it. Thank you. .-'," ~IL.0(IL. e~ ~~~~ !:: z~~::J Eo w...w~ ~i.. ~~~! ~ll!~ ~j!:~~ 3u:;l 1Il~~1Il IL.::JOE Z... ~ 01llIL. 1Il~ "':;)1Il I!! I :.::A-o( s'w uWo >wll.% oj!:~ a!j!:~'" iil15ii2 I!:!z,,! 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'58c.Q.u II! llll~ ,~ '~ti~qa!~o;~~ ~~dqq~a~a:...i ciO~ll.o._ I 1 I !JI '()Z I ~..~,~h.bQG .)- N~ .':t ~ ~'N C;:.t>. 2~ (0 &~ ~ ~ 0- r- !i.. I- III W III \UjL u.. '>- ~q <(I :Ju. to $~ -r- :r ~ 17 ~ -" ~U .~ ~~ CVr 2 . "-~N ~a ~~ ~ I I ~ lL :z ...J t: \ \j ~-" ~ ~ ~ l- :i m ~ ~ ~ ..- ~ ~ ,~ I ,~ 'd 4.~'fJO &, 'W,QI.'~b ~ ~ ::2 :ic dJI '()2 N Oo~abN I 'II' I t ~r2l\f;l~ Ci:314~ !i Cfl ~ ~ ~ -' . ~ Ul ~ ~ .., Q ~. ~ 0. Ul -' W ~ ~JII '0 .. t1~'ia Q) .0 5l CEw :>"'- i€ ~ > ;r c: o al iil z. " .. r- ~ :l ~ ::r -' ~ \.U ~ W 11. .0 \l. ~ ~ ~ ~ :l ~ -::s: W ~ - Q) ~ L() ai co II .!: ..... ~ Q) c -- .-J Q) - +-' I- z.~ ~ -.. DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 05-101 TO: Ed Breese, Principal Planner Planning & Zoning Division H. David Kelley, Jr., PE/PSM ~.~ City Engineer v~~~~C{ ~.~ Av~ ~ ~~Hl~,11 ;-1 ~ ;J ~.. 3D 3? 2;1 ~~ '110 ~ 1v04- ~5~ ~L /,;) t:.f'1 ~ ~'1Jf ~ ~~~~~ 4,10 AM4 FROM: DATE: August 16, 2005 SUBJECT: City Abandonment Petition No. OS-xxx 20-foot R/W, Railroad Avenue, South ofN.E. 8th Avenue. 80S North Federal Highway Application by Marine Scenes Aquarium D/B/A Miami Aqua-Culture, Inc. This application (dated 5/31/05) has been filed previously; a copy was forwarded to me on or about July 12,2005 for review and comment. The applicant then called this office to find out the status of the abandonment. I advised him that any abandonment application would have to be approved by the City Commission via an ordinance, which could take (a minimum of) 60 days on the assumption that all issues arising were resolved. I further advised the applicant that any abandonment would follow state statutes, which divide any right-of-way/easement abandonment equally (50% to each side of the abandonment) with the adjacent property owners. The applicant was not satisfied with this revelation and asked me to cite the city law/rules/regulations that delineated this. On July 21, 2005, I telephoned his office and submitted the state statute (9 336.12, circa 1955) involved on any public property abandonment. There are numerous city and county case histories holding this state procedure as applicable to them also. There are live utility services in this 20-foot right-of-way. A majority of the existing roadway would have to be retained as an utility easement (a minimum of 12 feet wide). Therefore, it is suggested that the City propose to generate a Revocable License Agreement for the use of this "non-used" roadway right-of-way by the adjacent property owner. This would eliminate the "giving" one-half of the abandonment to the FEC R/R, and only one-half of the abandonment to the property owner, even if the railroad did not want it. [I do not want to even speculate what the railroad would do with the 'obtained' property.] The Revocable License Agreement would follow along the lines of the document that the City Attorney's Office has prepared for other situations along this roadway. "-..- Department of Public Works/Engineering Division Memo No. 05-101 Abandonment Petition, Application by Marine Scenes Aquarium D/B/A Miami Aqua-Culture, Inc. August 16, 2005 Page 2 That is, we will continue to support the Agreement, but will continue to oppose any Abandonment. Please keep this Division informed as to the progress of the application. If you have any questions, please advise me at x6488. HDK/ck xc: Jeff Livergood, PE, Dif. ofP.W. Laurinda Logan, PE, Sf. Engr. Mike Rumpf, Dir. ofP&Z Div. David Tolces, Esq., City Attorney's Office Peter Mazzella, Deputy Utility Director File S:\Engineering\Kribs\Abandonment - Appl. by Marine Scenes Aquarium, 20' R-W, Railroad Ave..doc PLANNING AND ZONING MEMORANDUM TO: H. David Kelley, City Engineer FROM: Ed Breese, Principal Planner ~ DATE: August 15,2005 SUBJECT: Abandonment Requests for the Alley west of 805 North Federal Highway Attached for your review is a copy of the application for abandonment associated with the alley west of 805 North Federal Highway, adjacent to the FEC Railroad. If you could take a look at this material and let me know if you have any comments regarding this abandonment request, I would greatly appreciate it. Thank you. ~bandonment Request of the Alley west of 805 North Federal Highway (ABAN 05-007) - applicant, Daniel Spotts,~owner of Miami Aqua Culture, Inc., ~ requesting the City to abandon a portion of a public alley which abuts the rear of his business property located at 805 North Federal Highway (formerly Act II consignment shop, currently an unoccupied commercial building). ?O-foot wide IJnimrrov~d public alley runs north and south adjacent to and Q?lrallel ~ith the Florida East Coast (FEC) railroad. portion requested to be abandoned is approximately 20 feet in width by 50 feet in r length, and a total of 1,016.7 square feet (0.023 acre) in area. - - note the legal description on the survey submitted incorrectly states that the width ..r of the right of way is 25 feet, when it is actually 20 feet in width. ~ ~ survey submitted indicates no below ground improvements, footers, foundations, or utilities have been located or shown on the survey. Location Map (see Exhibit "A'') shows the general vicinity of the public alley right-of- ~ way to be abandoned. Exhibit "B'~ is the Exact locatiQn of the subject site and its boundaries and legal description. North A portion of the 20-foot alley located to the rear of Lot 16 (a vacant Page 2 Memorandum No. PZ 05-185 ABAN 05-007 0.12 acre lot zoned C-4); South A portion of the 20-foot alley located to the rear of Lot 18 (a 0.56 acre lot zoned C-4 used for vehicle repair); East 805 North Federal Highway (Lot 17, Block 1 of Lake Addition to Boynton Beach Plat) zoned C-4 (applicant's property); and, West A 50-foot wide railroad right-of-way for Florida East Coast (FEC) Railway. BtA1k~ro-vvv cL 20 foot wide alley Lake Addition to Boynton Beach Plat recorded on April 9, 1925. The plat includes a total of 190 individual lots, a 50-foot wide railroad right-of-way owned by the Florida East Coast (F.E.C.) Railway, several 50-foot and 66-foot wide rights-of-way, and several is-foot wide and 20-foot wide alleys. plat contains a reversionary clause in the dedication, which states "does hereby dedicate to the perpetual use of the public as public highways, the streets, avenues, boulevards, and alleys as shown hereon, reserving however unto itself, its successors and legal representative, the reversions or reversion of same, whenever abandoned by the public or discontinued by law". The City makes no representation regarding the impact of the reversionary language on title to the adjacent properties. Page 3 Memorandum No. PZ 05-185 ABAN 05-007 Re-development or expansion of the adjacent property following abandonment requires the property owner to establish proof of clear title as a condition of re- development or expansion. The applicant has submitted a copy of a report dated January 7, 2005 from Title Evidence of South Florida, Inc. which discloses that title of the subject property is vested in the City of Boynton Beach via the dedication shown on the recorded plat, and at this time said property is free and clear of any liens and encumbrances, and exempt from ad valorem taxes. On July 7, 2005 staff held a pre-application meeting with the applicant. Notes of the meeting indicate that the applicant initially informed staff that the alley was overgrown with weeds and attracted vagrants and crime, and he wanted to abandon the property so he could maintain it. The applicant further clarified that he intended to use the alley behind his lot for additional business parking. AN~S;S Staff explained that there were alternatives without the need for abandonment, such as a revocable license agreement, whereby the applicant could lease the land from the City. Page 4 Memorandum No. PZ 05-185 ABAN 05-007 Staff also informed the applicant of the following: (1) per State law, if the property is abandoned each adjacent property owner would get one-half of the abandoned property, (2) the presence of any live utility in the alley would require an easement dedication, and (3) the use of the property for a parking lot will require a City approved site plan modification which complies with all applicable Land Development Regulations. City records indicate that portions of the public alley located north of the subject property have been abandoned by the City (Resolutions 90-179, 93-79, 98-56, 98-130) subject to conditions of approval regarding easement dedication. When a right-of-way, such as this unimproved alley, is abandoned the abandoned land is transferred in equal portions from the general public to the abutting property owner(s) per State law (9 336.12). Typically, two (2) properties would be affected by an abandonment request: one-half of the right-of-way is conveyed to one (1) abutting property owner and the other half is conveyed to the other abutting property owner. The applicant requesting this abandonment is the owner of the abutting property to the east (at 805 North Federal Highway / Lot 17, Block 1 of Lake Addition). Public records indicate that Florida East Coast Railway is the owner of the abutting Page 5 Memorandum No. PZ 05-185 ABAN 05-007 property to the west (50-foot wide railroad right-of-way). Staff has attempted to contact a representative of the FEC Railway and has received no comments from the FEC regarding this requested abandonment. If the abandonment request is approved, the applicant would receive only one-half of the alley width, or ten (10) feet total. A 10 foot strip may not be enough property to utilize for additional parking as the applicant proposes. The applicant could try to obtain the additional property from Florida East Coast Railway. A summary of the responses from the city staff is noted as follows: CITY DEPARTMENT / DIVISION Public Works / Engineering No objection to requested abandonment Support Abandonment with Dedicated Easement or a Revocable License Agreement Development / Planning and Zoning- No objection to requested abandonment Support Abandonment with Dedicated Easement or a Revocable License Page 6 Memorandum No. PZ 05-185 ABAN 05-007 Recreation & Parks / Parks Agreement No objection to requested abandonment Per letters from utility providers submitted by the applicant, responses from the utility companies are noted as follows: PUBLIC UTILITY COMPANIES Florida Power and Light Bellsouth Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection to requested abandonment No objection to requested abandonment No objection to requested abandonment No objection to requested abandonment N/A Comments from the City Engineer / Assistant Director of Public Works regarding the abandonment state that there is a live utility service (sewer line) located within the 20- foot alley majority of the alley would have to be retained as a utility easement (a minimum of 12 feet in width). City Public Works / Utilities Department typically oversees easement dedications. At least sixty percent (600/0) of the 20-foot alley would be required to be dedicated as Page 7 Memorandum No. PZ 05-185 ABAN 05-007 a utility easement if the alley were abandoned. alternative to abandonment, proposed by the City Engineer is a Revocable License Agreement which allows the subject property to be leased. Revocable License would allow the applicant to use the entire width of the alley (20 feet), rather than one-half (10 feet) if abandoned. Staff has determined that the subject portion of this alley no longer serves the public for access purposes and, with establishment of an easement, the limited use of the alley for utility purposes would be preserved. staff has no objection to the request for abandonment, and supports (1) abandonment with a condition of approval that a utility easement be dedicated, or (2) a revocable license agreement. Since the applicant desires to improve the subject property with additional paved parking for his business, he would rather own the property, not lease it. Staff recommends approval of the requested abandonment with the condition for an easement, and the applicant has agreed to the stated condition. Any additional conditions recommended by the Community Redevelopment Agency Board or by the Commission will be placed in Exhibit "c" - Conditions of Approval.