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ABANDONMENTS 2003-2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 I i i ORDINANCE NO. 05- 030 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A PORTION OF RAILROAD AVENUE, APPROXIMATELY 30 FEET BY 77 FEET, IMMEDIATELY NORTH OF SOUTHEAST 5TH AVENUE, WEST OF LOT 11, BLOCK B OF PENCE SUBDIVISION AND EAST OF THE FLORIDA EAST COAST RAILROAD RIGHT-OF-WAY (ABAN 05-002), SUBJECT TO STAFF COMMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Jeanne Heavilin of Salefish Realty, Inc., is requesting on behalf of James Ploen, the abandonment of a portion of Railroad Avenue, approximately 30 feet by 77 feet, immediately north of Southeast 5th Avenue, west of Lot 11, Block B of Pence Subdivision and east of the Florida East Coast Railroad Right-of-Way, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Community Redevelopment Agency, and the City Commission on the proposed abandonment; and WHEREAS, staff has determined that the roadway provides no public service; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are hue and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of Railroad Avenue, approximately 30 feet by 77 feet, immediately north 0 Southeast 5th Avenue, west of Lot 11, Block B of Pence Subdivision and east of the Florida East Coast Railroad Right-of-Way, subject to staff comments, and more particularly described in the attached Exhibit "A." A location map is attached hereto as Exhibit "B." Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. S:\CA\OroJinanceslAbanoonmenls\415 SE 5th Avenue 05.()()~.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIRST READING this ~ day of ~ 2005. SECOND, FINAL READING AND PASSAGE THIS t q 2005. day of July CITY OF BOYNTON BEACH, FLORIDA ATTEST: \~~~I~?,,:::, .. S:\CA'.ordinanceslAbandonmenls\415 SE 5th Avenue 05-Q02.doc ------- ct. ~~ EXHIBIT "A" A portion of Railroad Avenue as recorded by Pence Subdivision No.1 in Plat Book 1, Page 33, of the Public Records of Palm Beach County, Florida, said land to be abandoned are described as follows: That portion of Railroad Avenue described as bounded on the South by the North right-of-way line of S.E. 5th Avenue lying west of Lot 11, Block "B" of said Pence Subdivision, being bounded on the West by the East line of the Florida East Coast Railroad right-of-way, being bounded on the North by the North line of said Lot 11, Block "B" extended westward to the said Railroad right-of-way line, and being bounded on the East by the West line of said Lot 11, Block "B" as shown by the Plat of Pence Subdivision No.1, as recorded in Plat Book 1, Page 33, ofthe Public Records of Palm Bach County, Florida. Subject to a 30 foot utility easement. S:\CA\OrdinanceslAbandonmenlsI415 SE 5lh Avenue 05-OO2.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-089 TO: Chair and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: May 25, 2005 SUBJECT: Abandonment of a segment of the 30-foot right-of-way of Railroad Avenue (adjacent to 415 SE 5th Avenue) ABAN 05-002 NATURE OF REOUEST Ms. Jeanne Heavilin of Salefish Realty, agent for James Ploen, is requesting to abandon a portion of an unimproved 30-foot right-of-way, located on the north side of SE 5th Avenue. This unimproved right-of-way is situated between a small parcel of land to the east (owned by Mr. Ploen) and the Florida East Coast (FEe) Railroad to the west. The abandonment request was formally submitted on March 23, 2005. The platted right-of-way subject to this specific request is 30 feet wide and approximately 77 feet long. It is described as follows: A portion of Railroad Avenue as recorded by Pence Subdivision No.1 in Plat Book 1, Page 33, of the Public Records of Palm Beach County, Florida, said land to be abandoned are described as follows: That portion of Railroad Avenue being described as bounded on the South by the South line of Lot 11, Block "B" (North right of way line of S.E. 5th Avenue), as shown in the above mentioned subdivision of Pence; bounded on the North by the North line of Lot 11, Block "B" bounded on the East by the West line of Lot 11, Block "B", bounded on the West by the East right of way line of the Florida East Coast Railroad right of way, as shown by the Plat of Pence Subdivision No.1, recorded in Plat book 1, Page 33, of the Public Records of Palm Beach County, Florida. Subject to a 30 foot utility easement. Exhibit "A" - Location Map shows the general vicinity of the right-of-way to be abandoned. The Exhibit "B"- "Proposed Abandonment" shows the exact location of the subject site and its legal description. The following is a description of the land uses and zoning districts of all properties that surround the subject right-of-way. North - 513 and 515 SE 4th Street, zoned Community Commercial (C-3); Right-of-way for SE 5th Avenue, and farther south City-owned property (Pence Park), zoned Recreation (REe); 421 SE 5th Avenue, a single family house, zoned Community Commercial (C-3); and South - East West - Right-of-way for the FEC Railroad, then farther west is A.A.M. Industries, Inc., zoned Light Industrial (M1). Page 2 Memorandum No. PZ 05-089 ABAN 05-002 BACKGROUND The subject abandonment request is for a segment of the 30-foot unimproved Railroad Avenue right-of-way, that fronts on 5th Avenue South and runs northward for a distance of approximately 77 feet. That segment of Railroad Avenue, located immediately north of the subject right-of-way, was previously abandoned to the properties immediately north of this parcel (513 and 515 SE 4th Street) in October of 1994, by Resolution 94-171. The 1994 abandonment left only this 77-foot long segment of the unimproved Railroad Avenue right-of-way running south to SE 5th Avenue, adjacent to the applicant's (Mr. Ploen) property. ANALYSIS When a right-of-way, such as this unimproved roadway, is abandoned, the ownership of the abandoned land is transferred from the City of Boynton Beach to the abutting property owner(s). 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. Since the FEC Railroad is immediately to the west, fifteen (15) feet of unimproved Railroad Avenue would be conveyed to the Railroad and fifteen (15) to the applicant, Mr. Ploen. This does not prohibit the two property owners from working out an agreement amongst themselves after the abandonment is completed by the City, as at that point in time it is a private transaction involving private property. 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. The applicant requesting this abandonment is the owner of the property to the east, Mr. James E. Ploen. A summary of the responses from the utility companies and city staff is noted as follows: CITY DEPARTMENTS/DIVISIONS Engineering Approval with conditions (see Exhibit "C" - Conditions of Approval) or Suggestion of an alternate method (Revocable License Agreement) No objection No objection Public Works / Utilities Planning and Zoning PUBLIC UTILITY COMPANIES Florida Power and Light No objection BellSouth - Approval with conditions (see Exhibit "C" - Conditions of Approval) Florida Public Utilities Company - No objection Cable Company (Adelphia) No objection Cable Company (Comcast) N/ A Excluding BellSouth, all public utility providers have indicated that they have no objection to the applicant's request for abandonment and BellSouth, due to an active buried telecommunication cable in the right-of-way, will provide a letter of no objection with the provision of the necessary easement for the buried cable (see Exhibit "C" - Conditions of Approval). Additionally, in support of BellSouth, the Engineering Division is also requiring establishment of a utility easement to preserve access to BellSouth utility lines. The Engineering Division has also suggested an alternative method to abandonment, in the form of a Revocable License Agreement, which would allow the applicant use of this unimproved right-of-way, while the City maintains ownership. Under this agreement, no structures could be constructed over the right-of-way subject to the license. Page 3 Memorandum No. PZ 05-089 ABAN 05-002 RECOMMENDATION Staff has determined that the subject right-of-way does not serve a public purpose, and therefore is recommending approval of the request to abandon the 30-foot unimproved roadway as described above, subject to the comments included in Exhibit "c" - Conditions of Approval. Any additional conditions recommended by the Community Redevelopment Agency Board or City Commission will be placed in Exhibit "c" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\415 SE 5th Avenue Aban\ABAN 05-002\Staff Report.doc " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. 04- cee ; \ I! I! II I I I i I I AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT WITH CONDITIONS OF A FORTY-FOOT WIDE UNIMPROVED RIGHT-OF-WAY OF NORTHEAST 2ND STREET; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Applicants, Roger B. DeCapito and James W. Knight are requesting to bandon a portion of the Northeast 2nd Street right-of-way. The 40-foot wide unimproved 'ght-of-way is situated between Lot 7, Block 3 and Lot 3, Block 3 of the Boynton Plat; and WHEREAS, comments have been solicited from the appropriate City Departments, nd public hearings have been held before the City's Planning and Development Board, and he City Commission on the proposed abandonment; and WHEREAS, staff has determined that the subject alley does not serve a public urpose, subject to modification of condition #5 to require an easement only if utility lines e present, and to alternatively allow relocation if preferred by the applicant and/or ell south; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF HE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated erein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does ereby abandon a portion of that certain road right-of-way lying in Block 3, of Plat of OYNTON as recorded in Plat Book 1, Page 23, of the Public Records of Palm Beach ounty, Florida, said right-of-way being a 40 foot wide strip of land lying adjacent to and butting Lots 3 and 7, Block 3 of Said Plat of Boynton, subject to subject to modification of ondition #5 to require an easement only if utility lines are present, and to alternatively allow elocation if preferred by the applicant and/or Bellsouth and more particularly described in he attached Exhibit "A." A location map is attached hereto as Exhibit "B." Section 3. The City Manager is hereby authorized and directed to execute the ttached Disclaimer and cause the same to be filed, with this Ordinance, in the Public ecords of Palm Beach County, Florida. :\CAlOrdinanceslAbandonmenls\306 Boynton beach Blvd LC,doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this ~ day of OeTober , 2004. SECOND, FINAL READING AND PASSAGE THIS ~ day of _DeT'o b e,,( ,2004. CITY OF BOYNTON 8EACH, FLORIDA ,/ ". ,~,~l~t;i' >-~'j.-'-~~,{f S:\CAIOrdinanceslAbandonmenlsI306 Boynton beach Blvd LC.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a portion of that certain road right-of-way lying in Block 3, of Plat of BOYNTON as recorded in Plat Book I, Page 23, of the Public Records of Palm Beach County, Florida, said right-of- way being a 40 foot wide strip of land lying adjacent to and abutting Lots 3 and 7, Block 3 of Said Plat of Boynton, subject to subject to modification of condition #5 to require an easement only if utility lines are present, and to alternatively allow relocation if preferred by the applicant and/or Bellsouth. 15 IN WITNESS WHEREOF. the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ~ day of October, 2004. 16 17 CITY::~EACH' FLORIDA Kurt Bressner, City Manager 18 19 ~O ~1 ~2 ) 23 )ss: COUNTY OF PALM BEACH ) 24 25 BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and 26 Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, 27 Florida, known to me to be the persons described in and who executed the foregoing 28 ; instrument, and acknowledged the execution thereof to be their free hand and deed as I 29 such officers, for the uses and purposes mentioned therein; that they affixed thereto the 30 official seal of said corporation; and that said instrument is the act and deed of said 31 corporation. 32 WITNESS my hand and official seal in the said State and County this ,j f (..Kday of 33 October, 2004. 34 5 6 ...7 ~.6I'-.o(..",- ft., ,/VL ~i~tl",,- NOTARY PUBLIC, State of Florida My Commission Expires: 5:\CA\OrdinanceslAbandonmenls\300 Boynton beech Blvd LC.doc ",~';iV~;P" Barbara M. Mildd~n !~ti1~~on:tl DDt25274 ;'!!". ~..~ EzpU'l!S July 19, 2DOG -:.~:;;;: ~ ..-........ ""'-. ",,"'OFf\:, ,~ DU...~ aNly. "./,,,'1'" Atlantl( lond1ng Co.. Inc. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ii II EXHIBIT "A" portion of that certain road right-of-way laying in Block 3, of the Plat of BOYNTON as ecorded in Plat Book 1, Page 23, of the Public records of Palm Beach County, Florida, said 'ght-of-way being a 40 foot strip ofland lying adjacent to and abutting Lots 3 and 7, Block 3 f said Plat of Boynton and being more particularly described as follows: EGINNING at the Southwest Corner of Lot 3, Block 3, Plat of BOYNTON as recorded in lat Book 1, Page 23, of the Public Records of Palm Beach County, Florida; thence Westerly long the North line of a 20 foot alley said line also being the Westerly extension of the outh line of said Lot 3, Block 3, to the Southeast comer of Lot 7, Block 3, of said Plat of OYNTON; thence Northerly along the East Line of Lot 7, Block 3, to the South Right of ay of Boynton beach Boulevard; thence Easterly along the South right of way line of said oynton Beach Boulevard to the West Line of Said Lot 3, Block 3; thence Southerly slong he West line of Lot 3, Block 3, to the POINT OF BEGINNING. ontaining 5,059 square feet more or less and subject to easements, reservations, restrictions nd rights-of-way of record. 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N,;~~t -'- J.: f ~~~tl- i I mllllllllllllllllllllllllll mlllll The City of Bovnton Beach ((( "-\ I \. t<- City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org. CFN 20040623333 OR BK 17715 PG 0246 RECORDED 11/02/2004 11:19:38 Palm Beach County, Florida Dorothy H Wilken, Clerk of Court Pgs 0246 - 252; (7pgs) :- ) -" . '.~' - " --I :~.-< '..::...~ .-~- .- -....... -n -, -" I .J "1 _ ) \ r:) . ..r__ '7--' "1 -'c' ..- CERTIFICATION r..:J. . .,- c.o ;.__ \1\ ~ ~~i:; :..J: I, JANET M. PRAINITO, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that Ordinance No. 04-088, consisting of six (6) pages total, is a true and correct copy as it appears in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 26th day of October 2004. . J NET M. PRAINITO, CMC ITY CLERK (SEAL) s:\CC\WP\certifications\certification - JP - sailfish.doc America's Gateway to the Gulfstream DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-217 (REV.) TO: Chair and Members Community Redevelopment Agency THRU: Michael W. Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP Planner DATE: September 1, 2004 SUBJECT: Abandonment of a portion of Northeast 2nd Street ABAN 04-005 NATURE OF REOUEST The applicants, Roger B. DeCapito and James W. Knight are requesting to abandon a portion of the Northeast 2nd Street right-of-way. This 40-foot wide unimproved right-of-way is situated between Lot 7, Block 3 and Lot 3, Block 3 of the Boynton Plat. The abandonment request was submitted on May 19, 2004. The platted roadway segment is described as follows: A portion of that certain road right of way lying in Block 3, of the Plat of BOYNTON as recorded in Plat Book 1, Page 23, of the Public records of Palm Beach County, Florida, said right of way being a 40 foot strip of land lying adjacent to and abutting Lots 3 and 7, Block 3 of said Plat of Boynton and being more particularly described as follows: BEGINNING at the Southwest Corner of Lot 3, Block 3, Plat of BOYNTON as recorded in Plat Book 1, Page 23, of the Public Records of Palm Beach County, Florida; thence Westerly along the North line of a 20 foot alley said line also being the Westerly extension of the South line of said Lot 3, Block 3, to the Southeast corner of Lot 7, Block 3, of said Plat of BOYNTON; thence Northerly along the East Line of Lot 7, Block 3, to the South Right of Way of Boynton Beach Boulevard; thence Easterly along the South right of way line of said Boynton Beach Boulevard to the West Line of Said Lot 3, Block 3; thence Southerly along the West line of Lot 3, Block 3, to the POINT OF BEGINNING. Containing 5,059 square feet more or less and subject to easements, reservations, restrictions and rights-of- way of record. The Exhibit "A" - Location Map shows the general vicinity of the right-of-way to be abandoned. The Exhibit "B"- "Proposed Abandonment" shows the exact location of the subject site and its legal description. The following is a description of the land uses and zoning districts of all properties that surround the subject right-of-way. North - Right-of-way for Boynton Beach Boulevard, then farther north is developed commercial (OJ's Restaurant), zoned Neighborhood Commercial (C-2); South - Right-of-way for a 20-foot wide alley, then farther south is unimproved right-of-way for Northeast 2nd Street; P.age 2 Memorandum No. PZ 04-217 ABAN 04-005 East Developed commercial (vacant building), zoned Neighborhood Commercial (C-2); and West - Developed commercial (The Haven), zoned Neighborhood Commercial (C-2). BACKGROUND The subject right-of-way (formally known as Dewey Place) lies within the boundaries of the Boynton Plat. The plat, originally approved on September 26, 1898, included 162 individual lots, a 100-foot wide right-of-way owned by the Florida East Coast (F.E.C.) Railroad, and several 20-foot wide and 40-foot wide alleys and streets, which were dedicated for perpetual use by the public. The plat also contains a reverter clause, which states "reserving to ourselves our heirs assigns the reversion or reversions there of, whenever discontinued by law". The City makes no representation regarding the impact of the reversionary language on title to the adjacent properties. The adjacent property owners have been informed of the existence of the reversionary issue. Re- development or expansion of the adjacent properties following abandonment will require the property owners to establish proof of clear title as a condition of re-development or expansion. The applicant informed staff that it is their intention to develop additional parking for their now vacant building located at 306 East Boynton Beach Boulevard following abandonment. As mentioned above, proof of clear title will be required. ANALYSIS When a right-of-way, such as this unimproved street, is abandoned, the abandoned land is transferred from the general public to the abutting property owner(s). Typically, two (2) properties would be affected by an abandonment request. Normally, 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. 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. The applicants requesting this abandonment are the owners of the property to the east (Lot 7, Block 3 Boynton). Public records indicate that Hudson Valley Holdings own the property to the west (Lot 3, Block 3 Boynton). A summary of the responses from the utility companies and city staff is noted as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works / Utilities Planning and Zoning No objection Approval with conditions (see Exhibit "C" - Conditions of Approval) Approval with conditions (see Exhibit "C" - Conditions of Approval) PUBLIC UTILITY COMPANIES Florida Power and Light Bellsouth No objection Approval with conditions (see Exhibit "C" - Conditions of Approval) No objection No objection N/A Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) All public utility providers have been notified and all are recommending approval of the abandonment request. However, it must be noted that Bellsouth believes that underground telecommunication infrastructure is present within the unimproved roadway. Therefore, Bellsouth is requiring that a utility easement be dedicated over the abandoned portion of the right-of-way. Dedication of a utility easement would grant Bellsouth legal access to the property for maintenance or upgrade purposes, while still allowing the applicant to develop a portion of the property as a parking lot. The City Public Works / Utilities Department, which is also recommending approval, would oversee P.age 3 Memorandum No. PZ 04-217 ABAN 04-005 the easement dedication process. Lastly, the Community Redevelopment Agency has no objection to the applicant's request because the right-of-way is not in any of the Agency's plans for right-of-way linkage or connections. According to the Agency, the abandonment would help facilitate future land assemblage for redevelopment purposes. There are also no isolated parcels adjacent to the subject right-of-way that would rely solely upon this street for access. RECOMMENDATION Staff has determined that the subject alley does not serve a public purpose, and therefore is recommending approval of the request to abandon this portion of the 40-foot unimproved roadway as described above, subject to the comments included in Exhibit "C" - Conditions of Approval. 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\306 BBB, ABAN 04-005\Staff Report - rev.doc i' I ORDINANCE NO. 04- 07Co AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A PORTION OF THE NORTHEAST 3RD A VENUE RIGHT -OF- WAY LYING IN THE PLAT OF ARDEN PARK (ABAN 04-004); AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ron Janis and Karen Janis-Brown are requesting to abandon a portion of the Northeast 3rd Avenue right-of-way. This 40 foot wide unimproved right-of-way is situated between Lots 11 and 30 of the Arden Park Plat; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, and the City Commission on the proposed abandonment; and WHEREAS, staff has determined that the utility easement provides no public service; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of the Northeast 3rd Avenue right-of-way. This 40 foot wide unimproved right-of-way is situated between Lots 11 and 30 of the Arden Park Plat, and more particularly described in the attached Exhibit "A" A location map is attached hereto as Exhibit "B." Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this -.::L day of ~, 2004. S:\CAIOrdinanceslAbandonmentslAbandonement .04.004 . NE 3rd Avenue.doc SECOND, FINAL READING AND PASSAGE THIS -19_day of DClTober ,2004. I, I i: ~ CITY OF BOYNTON BEACH, FLORIDA .::a ,7 " S:\CA\OrdinancoslAbandonmentslAbandO<'lement -04-004 - NE 3rd Avanue.doc EXHffiIT "A" [ABAN 04-004] LEGAL DESCRIPTION "That portion ofa 40-foot right-of-way known as N.E. 3rd Avenue, lying west ofN.E. 3rd Street, lying south of Lot 30 and lying north of Lot 11, as shown on the Plat of ARDEN PARK, as recorded in Plat Book 2, Page 96, of the Public Records of Palm Beach COWlty, Florida; SUBJECT TO a 12-foot utility easement with the centerline of said easement lying 4.00 feet south of the existing right-of-way centerline ofN.E. 3rd Avenue, bOWlded on the west by the southerly extension of the west line of said Lot 30 and bounded on the east of the southerly extension of the west right-of-way line for N.E. 3rd Street, all lying in the City of Boynton Beach, Florida," DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a portion of the Northeast 3rd Avenue right-of-way. This 40 foot wide unimproved right-of-way is situated between Lots 11 and 30 of the Arden Park Plat, and more particularly described in the attached Exhibit "A". IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this _ day of September, 2004. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito Kurt Bressner, City Manager City Clerk STATE OF FLORIDA ) COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _ day of September, 2004. NOTARY PUBLIC, State of Florida My Commission Expires: S:\CA\OrdinanceslAbandonmenlslAbandonement -04-004 - NE 3rd Avenue.doc --' .. I'-II .. . , I "'I-ll~,~'IH IJ~I }II~~ :1----. J ) _ '.. ~ 'f~~ _Vorl. 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Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP Planner DATE: August 4/2004 SUBJECT: Abandonment of a portion of Northeast 3rd Avenue ABAN 04-004 NATURE OF REOUEST The applicants, Ron Janis and Karen Janis-Brown are requesting to abandon a portion of the Northeast 3rd Avenue right-of-way. This 40-foot wide unimproved right-of-way is situated between lots 11 and 30 of the Arden Park plat. The abandonment request was submitted on May 12/ 2004. The platted roadway segment is described as follows: A portion of N.E. 3rd Avenue lying in the Plat of Arden Park as recorded in Plat Book 2/ page 96 of the Public Records of Palm Beach County, Florida. Said land being described as follows: Bounded on the North by the South line of lot 30 Arden Park; Bounded on the South by the North line of lot 11 Arden Park; Bounded on the West by the Northerly extension of the lot 11/ Also being the West line of the plat Arden Park; and Bounded on the East by the Southerly extension of the East line of lot 30/ also being the West right-of-way line of Northeast 3rd Streett as recorded in the plat of Arden Park. Containing 5/528.714 square feet more or less and subject to easements and right-of-way of record. The Exhibit "A" - Location Map shows the general vicinity of the right-of-way to be abandoned. The Exhibit "B"- "Proposed Abandonment" shows the exact location of the subject site and its legal description. The following is a description of the land uses and zoning districts of all properties that surround the subject right-of-way. North - Developed commercial (Coastal Cycles), zoned General Commercial (C-4); East Partially developed commercial (Fred & Joe's), zoned General Commercial (C-4); Right-of-way for Northeast 3rd Street; and South - West - Developed residential, Two-family Duplex Residential (R-2). Page 2 , Memorandum No. PZ 04-189 ABAN 04-004 BACKGROUND The subject right-of-way (formally known as Sheppard Street) lies partially within the boundaries of the Arden Park Addition to Boynton plat. The plat, originally approved in April of 1913, included 172 individual lots, a 25-foot wide strip of land along the Florida East Coast (F.E.e.) right-of-way, and several10-foot wide and 40-foot wide alleys, which were dedicated for perpetual use by the public. The applicant informed staff that it is their intention to abandon the unimproved right-of-way in order to develop additional parking for their tenant (Coastal Cycles) located at 403 Northeast 3rd Street. ANALYSIS When a right-of-way, such as this alley, is abandoned, the ownership of the abandoned land is transferred from the City of Boynton Beach to the abutting property owner(s). Typically, two (2) properties would be affected by an abandonment request. Normally, 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. 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. The applicants requesting this abandonment are the owners of the property to the north (Lot 30 Arden Park). Public records indicate that Kenneth Schweitzer and Steven McGuirk own the property to the south (Lot 11 Arden Park). A summary of the responses from the utility companies and city staff is noted as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works / Utilities Planning and Zoning No objection Approval with conditions (see Exhibit "C" - Conditions of Approval) Approval with conditions (see Exhibit "C" - Conditions of Approval) PUBLIC UTILITY COMPANIES Florida Power and Light BellSouth Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection No objection No objection No objection N/A All public utility providers have indicated that they have no objection to the applicant's request for abandonment. However, it must be noted that a wastewater line is currently located along the centerline of the unimproved roadway. Therefore, the Department of Public Works is requiring that a utility easement be dedicated over the abandoned portion of the right-of-way. A dedication of a utility easement would grant the City legal access to the property for maintenance or upgrade purposes, while still allowing the applicant to develop a portion of the property as a parking lot. Lastly, the subject right-of-way terminates to the west of developed property preventing future extension of this right-of-way to connect with Northeast 2nd Street. There are also no isolated parcels adjacent to the subject right- of-way which would rely solely upon this street for access. RECOMMENDATION Staff has determined that the subject alley does not serve a public purpose, and therefore is recommending approval of the request to abandon this portion of the 40-foot unimproved roadway as Page 3 . Memorandum No. PZ 04-189 ABAN 04-004 described above, subject to the comments included in Exhibit "C" - Conditions of Approval. 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\409 NE 3rd Street\ABAN\Staff Report.doc flJ . ISo +> en s... ,q- ::I - r'J 0 - ISo U 51 ,q- 1tllJ- ISo 'C 0 !!!!I! ISo .... OJ s....=.:: - 0 s... - - OJ ..... LL- =- ,q-CO U .. ..en ~ == (lJ l(') :>.. - r"'l ..... +> c: .. c: QJ .... 1So(.!) ::Ix - .....0. 0_ U .... - I,J) :3 . ,q- If) ..c 1So,q- CJI - rS;Il,J) Itl . OJ ..... QJ :>.. == ...... 1J:l.c iiiii .....;x:: +> !!!!! (lJcc,.o ...... - s... .....0::: Itl 0 G;I o:::J Cl. Cl ORDINANCE NO. 03- b Co AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF AN UNIMPROVED IS-FOOT WIDE ALLEY RUNNING EAST -WEST IN BLOCK 4, LAKE ADDITION TO BOYNTON SUBDNISION (ABAN 01- 004); CONVERTING AND RESERVING A IS-FOOT WIDE UTILITY EASEMENT EQUIVALENT IN WIDTH AND LOCATION TO THE EXISTING ALLEY BEING ABANDONED; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTNE DATE. WHEREAS, the City of Boynton Beach is requesting abandonment of an 'mproved IS-foot wide alley right-of-way located between N.E. 8th Avenue and N.E. 9th venue, subject to staff comments and the reservation of a utility easement equal in size and ocation to the alley right-of-way being abandoned; and WHEREAS, comments have been solicited from the appropriate City Departments, d public hearings have been held before the City's Planning and Development Board, and he City Commission on the proposed abandonment; and WHEREAS, the properties located on the north and south sides of the alley segment o be abandoned are developed with single-family residences, and it is the City's intention to acate the IS-foot wide alley as the adjacent properties were not improved to utilize the alley d therefore, the alley right-of-way provides no public service for access purposes; and WHEREAS, the 15- foot wide alley will be converted to a utility easement equivalent 'n width and location to the existing alley; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF HE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated erein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does ereby abandon a 15-foot wide alley located between N.E. 8th Avenue and N.E 9th Avenue, oynton Beach, Palm Beach County, Florida, subject to staff comments and any easements of ecord, and more particularly described in the attached Exhibit "A." A location map is attached hereto as Exhibit "B." S:\CA\Ordinances\AbandonmenlslAbandon - Mangrove Walk A1ley.doc Section 3. A perpetual utility easement equivalent in width and location to the Hey being abandoned is hereby reserved, granted, and conveyed to the City of Boynton each and any public or private utility for purposes of the placement, installation, aintenance, removal, and repair of utilities, such as water, wastewater, stormwater, electric, elecommunications, and cable television, over, along, through, in, above, and under that ertain parcel of land situated, lying, and being in Boynton Beach, Palm Beach County, lorida, as more particularly described in Exhibit "A" and as depicted on Exhibit "B" ttached hereto Section 4. The City Manager is hereby authorized and directed to execute the ttached Disclaimer and cause the same to be filed, with this Ordinance, in the Public ecords of Palm Beach County, Florida. Section 5. This Ordinance shall take effect immediately upon passage. FIRST READING this ~ day of Uec.e.m be,- , 2003 SECOND, FINAL READING AND PASSAGE THIS ~day of Ja.nUD.t'1 ' 2004. CITY OF BOYNTON BEACH, FLORIDA c - ATTEST: S:\CA\OrdinanceslAbandonmenlslAbandon . Mangrove Walk A1ley.doc The Citv of Bovnton Beach ...,J ( /~?' .I( "\. ~\,/ r City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org CERTIFICATION I, JANET M. PRAINITO, CMC, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that a copy of Ordinance #03-66, Exhibit "A" Legal Description, Exhibit "A" map of Mangrove Walk Alley area, Exhibit "B" map of Mangrove Walk Alley area, Exhibit "B" Proposed Abandonment drawing, Development Order of the City Commission of the City of Boynton Beach, Florida, and Exhibit "C" Conditions of Approval all consisting of nine pages, are true and correct copies as they appear in the records of the City of Boynton Beach, Florida. Also attached is the original Disclaimer and Exhibit "A" Legal Description consisting of two pages. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 13th day of January 13, 2004. m. ET M. PRAlNITO, CMC, CITY CLERK America's Gateway to the Gulfstream EXHIBIT "A" A IS-foot alley lying in Block 4 of Lake Addition to Boynton, as recorded in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: A IS-foot wide alley rwming east-west in said Block 4, being bounded on the east by the west right-of-way line ofN.E. 7t1J Street, on the west side by the northerly projection of lot 27 of said Block 4. S:ICAIOrdlnanceslAbandonments\Abandon - Mangrove Walk A1ley.doc 1 h-175.0feet ... ; . .. .. . .. :. RA - " .. . .".. ...... .... ". . . .' '. ...... .' :- . -.' ... I "?T'i~~Vr ", . . , .. . . :r~"J;'r~nt'~ .'1~''- - . . . " '._ . . _~ .:. _~. . to... ..' _ .: . . .~ .. =.... "... '.. . ",.. , r ~..... ~~ ,_ \'t ..' . - ." . . .. .. . . . . , .' - , , I : . . ' t. ", !... ...g ..... . "..... ;" Mangrove Walk Alley EXHIBIT"A" DEVELOPMENTDEPAR~ENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 03-226 FROM: Chairman and Members Community Redevelopment Agency Board Michael W. Rumpf\~ Planning and Zoning Director Maxime Ducoste-Amed6e l~ . Planner f" \r; , TO: THRU: DATE: November 12, 2003 SUBJECT: Abandonment of a 15-foot wide alley running east-west in Block 4, Lake Addition to Boynton (ABAN 01-004). NATURE OF REQUEST The City of BO)l!\ton Beach Is requesting abandonment of an unimproved 15-foot wide alley right-of-way located between N.E. 8" Avenue and N.E. 9th Avenue. This abandonment is for the following unimproved alley segment A 15-foot alley lying in Block 4 of Lake Addition to Boynton, as recorded in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Florida, being more particularty described as follows: A 15-foot wide alley running east-west in said Block 4. being bounded on the east by the west right-of-way One of N.E. t" Street, on the west side by the northerly projection of lot 27 of said Block 4. The location map attached as exhibit -A- shows the general vicinity of the alley rlght-of~ay to be abandoned. The attached Exhibit -B-- .Proposed Abandonment" Is a survey of the subject property, which Indicates its proximity to adjacent properties. The following is a description of the zoning districts and land uses of the properties that surround the subject request North - A single-family neighborhood, zoned R-1-A, and farther north, is N.E. 9111 Avenue right-of- way; East A slngle-famlly neighborhood, zoned R-1-A, and farther south, Is N.E. 81h Avenue right-of- way; A single-family neighborhood, zoned R-1-A; and An auto repair business (NO Auto Repair shop), zoned C-4; South - West - BACKGROUND In March of 1925. the Plat of Lake Addition to Boynton was approved. It Included seversl alleys dedicated to the perpetual use of the public. reserving unto the developers or successors the right of reversion If not used as such. ~2 M'8morandum No. PZ 03-226 ABAN 01-004 The properties located on the north and south sides of the alley segment to be abandoned are developed with single-family residences. The applicant (CIty of Boynton Beach) has tJ;le Intention of vacating the 15-foot wide alley because adjacent properties were not Improved to utilize the alley and It therefore provides no public service for access purposes. The 15-foot wide alley 8S shown on the survey will be converted to 8 utility easement equivalent in width to the existing alley. When abandoned the alley segment will revert to the adjacent property owners. It should be noted that the City had previously abandoned an alley segment running north and south within the same block, which connects to the alley segment subject to this request. 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: CIlY DEPARTMENTSIDIVISIONS Engineering Public W orkslUtilities Planning and Zoning No objection Approval with conditions (see exhibit .C") No objection PUBLIC UTILITY COMPANIES Florida Power and Ught BeUSouth Florida Public Utilities Company Cable Company (Adelphla) Cable Company (Comeast) Approval with conditions (see exhibit .C") Approval with conditions (see exhibit .C") Approval with conditions (see exhibit .C") Approval with conditions (see Exhibit .C") N1A RECOMMENDATION Staff finds that the subject alley provides no pubUc purpose except for utilities, and therefore recommends that this request to abandon the 15-foot wide alley as described above, be approved, subject to the comments Included In ExhIbit IIC" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and Ihe Commission will be placed in Exhibit.C" - Conditions of Approval. xc: Central File 8:V'11mng\SHAREWPf'RO.lEC'TS1MNley ~ 01.()041slalfreport.doc . .. J ,/I . '.- nr: h: . '175.0 feet . . 1 .) . " J .. . i .. -I: ;.1 .. .. '~I. J ;- J . : :.,1 .. " [;L-:-' :D .lftub ...1:" .'81 .1In. . . .1ot;1~1'! ..,_DI ,In. ..' _. ---. ,-..-. : 0 .. '" .. ---, ~. f J []],Rm ITIJ \ - ,[ .! ...... . ,..;..... :1....t, ,4 1 I i , I . . , ~ , .l '- .' ,-~ , ... .. ..._.,'F. .... . .-" l . ;. .. ..... - :Ii:' . oJ .~ - Mi;...... .. ...GTW, .; .' .. - .' . r.. :. , I J~t:. f""- . ~ , ,,' I: .... J .. r .. .- ... .' p-- .. -.' '. -' ..' " 'f , ~: :. ,;! I- ~ ", :i. .1 .- :l ... ." .. - '. .. ... ':..:iE - .-'-." ,. ". .. -. ,. -. R'1:A i c. :4 '- I - .. : .:1 r .. ',.. .. < .- " ... , : .'. .. .. ... '-- .. .. .. .--" ... " ..- ... .. -' .. .' .. . .. .. .. " .. .' - ".. ,,' " , ~ .- .' ;.., '. " '. '" '- '.. .. ~:Dl ma " " .' .. , I"', ... .-.. ..... ... - " " .. "- ....... I , : '. .. ".... .' .,-. '. ,,' .. -. ., " .1 "'II:: ao:r... "T .. ... ...- 0 .,. '. .... : ..MII!!:'...._.. ... : ... ,', Mangrove Walk Alley EXHIBIT"A" : ...: Ii ,I Ii II II I! I' , i r I , I , ORDJ1\A1"1CE NO. 03 - 035'" AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA. A UTHORIZING A BA.'IDONMENT OF A PORTION OF A 20 FOOT WIDE ALLEY, LYING EAST OF A..~'D ADJACENT TO LOTS 4, 25 Ail\ffi 26, BLOC 4, LAKE ADDITION TO BOYNTON, Sl.JBJECT TO STAFF COMMENTS; AUTHORIZING EXECUTION OF A DISCLAIMER, \VHICH SHALL BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; A..~ PROVIDING A.."I EFFECTIVE DA IE. '-- ~"---- WHEREAS, the applicant and agent for Nicholas and Carmela Dilorenzo, Beril ger, is requesting the abandonment of a portion of a 20 foot wide alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, the Community Redevelopment Agency, and the City Commission on the proposed abandonment; and WHEREAS, the 20.foot wide alley will be converted to a utility easement equivalent in width to the existing alley, and when abandoned the lot/easement will revert to the adjacent property owners; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of a 20 fuot wid: a!!ey, ly'.r..g ~ast of and adjac~nt t(\ Lets 24, 25 and 26 Block 4, Lake Addition to Boynton subject to staff comments, which will be converted to a utilities easement equivalent in width to the existing alley, and is more particularly described as follows: I J I II I I s"c.,"""~......_-"" II A segment of that certain 20-foot alley lying east of and adjacent to Lots 24. 25 and 26 Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book 11, Page 71 of the Public Records of Palm Beach County, Florida. Section 3. The City Manager is hereby authorized and directed to execute and , I II I fi eliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm each County, Florida. I Section 4. This Ordinance shall take effect immediately upon passage. I! FIRST READING this ~ day of ~, 2003 SECOND, FINAL READING AND PASSAGE THIS ~day of AU3u:rr ,2003. ~---- / I I I ~-?- _..~.. \ !. . ./ '." I :::;..---' . . - . .~ ' 0- :"-.-.. <- Commissione~ . - -'.~_"~ ---~-:-r- i L------- Commissioner A TTE T: S lCAIOrll' II\OiLcntlZlI Ahy abI/ldCltlIlWlI.clOC .'oro;.ny ~. .it .,<o:n, '_lerk DISCLAllvlER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida. does hereby abandon a portion of a 20 foot wide alley, subject to staff comments. and more particularly described as follows: A segment of that certain 20-foot alley lying east of and adjacent to Lots 24. 25 and 26 Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book 11, Page 71 of the Public Records of Palm Beach County, Florida. J~ W1'TNFSS WHFREOF~ th ~ duly 'tuthoriz<'d l)f~icers of th(" City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ....') ..fi. day of August, 2003. CITY O~':':ACH' FLORIDA Kurt Bressner, City Manager ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to he their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. "VITNESS my hand and official seal in the said State and County this ~ ~ay of August, 2003. S:\CAlOrdinanceslAbandonmentsIOiLOl'enzo Alley abandonmenl.doc _ ~~<- fz-- I J L-(~iJ.~'\.. NOTARY PUBLIC, State of Florida My Commission Expires: \\'''''''' Barbara W. Mlddti1 ....'.."..,"11. " ~~\(oTT!m''''- #DD1ZliZ74 ~ . ~ E Expire Jalr t9, 200& ~~ ~~ B-~-' ~ ~"'.A;: ..,.I!'a!'... Oi~ ~i,: a, 5\.';.-' Atlantic Bon.d!nI co.. ~ "'"\\\ The City 01 BoljDtOD l3edclJ e9/e5/2083 13:38:58 2813852919L OR BK 1~ P6 8987 Palm Beach County, Flo~ida \ Citv a.rJc~OIIi~ fOO E. Bo'lDtoD &..cb. Boul.vud P.o.Bo.JfO BoVDtOD B..ch. Florid.. .J>f~fO (~1l7i2-6000 FAX: (~1l7i2-6000 CERTIFICATION I, JANET M. PRAINITO, CMC, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached copy of Ordinance #03- 035 consisting of two pages are true and correct copies as they appear in the records of the City of Boynton Beach, Florida. The original disclaimer consisting of one page is also attached. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 14th day of August 2003. ANET M. PRAlNITO, CMC, CITY CLERK 'An Equal Opportunity/ Affirmarivt Action/ADA Employer' DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-131 TO: Chairman and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Maxime Ducoste-Amedee Planner DATE: May 28,2003 SUBJECT: Abandonment of a 20-foot wide alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton (ABAN 03-006). NATURE OF REQUEST The applicant and agent for Nicholas and Carmela DiLorenzo, Beril Kruger, is requesting to abandon a portion of the 20-foot wide alley located between N.E. 8th Avenue and N.E. 9th Avenue. This request to abandon a public alley was submitted on March 6, 2003. This abandonment is for the following unimproved platted alley segment: A segment of that certain 20-foot alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book II, Page 71 of the Public Records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the street right-of-way to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a detailed location of the alley to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North - A vacant parcel recently approved for an office/retail building (Schnars Business Center) zoned MU-L and farther north, N.E. 9th Avenue right-of-way; South - A retail commercial building, zoned C-4; East A single-family neighborhood, zoned R-1-A; and West - North Federal Highway right-of-way, and farther west, a vacant retail commercial building, zoned C-4. BACKGROUND In March of 1925, the Plat of Lake Addition to Boynton was approved. It included several 20-foot wide alleys dedicated to the perpetual use by the public, reserving unto the developers or successors the right of reversion if not used as such. As such this clause is in favor of the original interest party if any right of way is abandoned. Pursuant to Florida Statutes Sections 117.085, reversions contained in plats recorded prior to July 1, 1972 Page 2 Me.morandum No. PZ 03-131 ABAN 03-006 would be extinguished if specific action were not taken to establish such rights on or before July 1, 1973. Under direction of the city's legal department, the applicant shall provide a statement confirming that such action was not taken, and providing assurance that, in the event that a future title issue arises from the abandonment, as it relates to the reversionary interest, the property owner shall provide any required defense of it at its sole cost and expense. The property located on the west side of the alley segment to be abandoned has been subject to several code violations from the City's Code Enforcement Division because of dumping in the subject alley. The applicant has the intention of vacating the 20-foot alley to consolidate it with Lots 24, 25 and 26. That portion of the alley segment once vacated, will be fenced to prevent future illegal dumping. The 20-foot wide alley as shown on the survey will be converted to a utility easement equivalent in width to the existing alley. When abandoned the lot/easement will revert to the adjacent property owners. ANAL YSIS 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 DEPARTMENTSIDIVISIONS Engineering Public Works/Utilities Planning and Zoning No objection Approval with conditions (see Exhibit "C") No objection PUBLIC UTILITY COMPANIES Florida Power and Light BellSouth Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) Approval with conditions (see Exhibit "C") Approval with conditions No objection Approval with conditions (see Exhibit "C") N/A RECOMMENDATION Staff has determined that the subject alley no longer serves a public purpose, and therefore recommends that this request to abandon the segment of the 20-foot wide alley as described above, be approved, subject to the comments included in Exhibit "0" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "0" - Conditions of Approval. xc: Central File S:IPlanningISHAREDlWPIPROJECTSIDiLorenzo ABAN 03-0021staff report.doc . . ': II' Office of the City Clerl ! City of Boynton Beach \1 P. o. Box 310 iiovnton Beach, Florida 33425 BOOK 15124 PAGE 0010 ORDINANCE NO. 003 - co 1 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A PORTION OF A 20 FOOT WIDE AllEY, LOCATED BETWEEN N.E. 8TH AVENUE AND N.E. 9TH AVENUE" WmCH WILL BE CONVERTED TO A UTILITY EASEMENT EQUIVALENT IN WIDTH TO THE EXISTING AllEY, MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO THE CONDmONS OF APPROVAL ATIACHED AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER FOR TIllS ABANDONMENT, WHICH DISCLAIMER SHALL BE RECORDED IN THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the applicant and contract purchaser, Jeffrey T. Schnars, is requesting the abandonment of a portion of a 20 foot wide alley, which will be converted to a utility easement equivalent in width to the existing alley, located between N.E. 8th Avenue and N.E. 9th Avenue, subject also to the Conditions of Approval attached hereto as Exhibit "A"; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, the Community Redevelopment Agency, and the City Commission on the proposed abandonment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandop. a portion of a 20 foot wide alley, which will be converted to a utility easement equivalent in width to the existing alley, located between N.E. 8th Avenue and N.E. 9th Avenue, and subject to the Conditions of Approval attached hereto as Exhibit "A", more particularly described as follows: A portion of that certain 20-foot alley lying between Lots 21, 22, 23 and lot 20 in Block 4, Lake Addition to Boynton. according to the plat thereof as recorded in Plat Book II, Page 71 of the Public Records of Palm Beach S:ICAIOrdlnancee\Abandonments\Sc;hnar$ Abandcnnwnl.doc I; , I BOOK 15124 PAGE 0011 ~. County, Florida. Section 3. The City Manager is hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this -1L- day of MAGCAi ,2003 SECOND, FINAL READING AND PASSAGE THIS ----L-day of ~,2003. ~. ~~ Vice Mayor Commissioner ATTEST: S:\CAIOndinanc:eslAbandonmentalSchn.... Abandonment.doc BOOK 15124 PAGE 0014 DISCLAIMER i I i I II KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a portion of a 20 foot wide alley, which will be converted to a utility easement equivalent in width to the existing alley, located between N.E. 8th Avenue and N.E. 9th Avenue, subject to Conditions of Approval, and more particularly described as follows: A portion of that certain 20-foot alley lying between Lots 21, 22, 23 and lot 20 in Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book II, Page 71 of the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this _ day of April, 2003. f},~~~ ~EACH'FLORIDA Kurt Bressner, City Manager STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. :ICA\OrdinancBslAbandonments\Schnars Abandonmenl.doc BOOK 15124 PAGE 0015 Dorothy H. Wilken, Clerk WITNESS my hand and official seal in the said State and County this 3 r/.. day of April, 2003. ~tt11- cm-nJ NOTARY PUBilC, State of Florida My Commission Expires: cl"''''''!h" SUSAN 0Cll.LflS Q)~: ,~ MYCOMMISSKlN'CC913630 . . EXPIRES: Feb!uIIy 24, 2004 BCHlIlIG 1lllv ~ fI1Ml:llndIIwrIIeIa S:\CAIOrdinanceslAbandonmenls\Schnars Abandonmenl.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-019 TO: Chairman and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Maxime Ducoste-Amedee Planner DATE: January 17, 2003 SUBJECT: Abandonment of a 20-foot wide alley lying between Lots 21, 22, 23 and lot 20 in Block 4, Lake Addition to Boynton (ABAN 02-003). NATURE OF REQUEST The applicant and contract purchaser, Jeffrey 1. Schnars, is requesting to abandon a portion of the 20-foot wide alley located between N.E. 8th Avenue and N.E. 9th Avenue. This request to abandon a public alley was submitted on November 11, 2002. This abandonment is for the following unimproved platted alley segment: A portion of that certain 20-foot alley lying between Lots 21,22,23 and Lot 20 in Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book II, Page 71 of the Public Records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the street right-of-way to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a detailed location of the alley to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North - N.E. 9th Avenue right-of-way, and farther north, Boynton Beach F.G.E. #3944 lodge building, zoned C-4; South - An auto repair business (NO Auto Repair shop), zoned C-4; East A single-family neighborhood, zoned R-1-A; and West - North Federal Highway right-of-way, and farther west, a retail business (M&M Appliances), zoned C-4. BACKGROUND In March of 1925, the Plat of Lake Addition to Boynton was approved. It included several 20-foot wide alleys dedicated to the perpetual use of the public, reserving unto the developers or successors the right of reversion if not used as such. The properties located on the east and west sides of the alley segment to be abandoned are under a purchase Page 2 Memorandum No. PZ 03-019 ABAN 02-003 contract by the applicant Jeffrey T. Schnars. The applicant has the intention of vacating the 20-foot alley to consolidate the property and facilitate the development of an office / retail project (see Exhibit "C"- Site Plan). Specifically this area will be used for the driveway for the proposed site plan. The 20-foot wide alley as shown on the survey will be converted to a utility easement equivalent in width to the existing alley. When abandoned the lot/easement will revert to the adjacent property owners. 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 OEPARTMENTSIDIVISIONS Engineering Public Works/Utilities Planning and Zoning No objection Approval with conditions (see Exhibit "C") No objection PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) Approval with conditions (see Exhibit "C") No objection No objection Approval with conditions (see Exhibit "C") N/A RECOMMENDATION Staff recommends that this request to abandon the 20-foot wide alley as described above, be approved, subject to the comments included in Exhibit "0" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "0" - Conditions of Approval. xc: Central File S:IPlanningISHAREDlWPIPROJECTSISchnars Business Cenler)\ABAN 02-0031staff report.doc