REVIEW COMMENTS
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 05-069
TO:
Ed Breese, Principal Planner
Planning & Zoning Division /'.~ I ..
H. David Kelley, Jr., PE/PSM)(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 RIW, Railroad Avenue
Northwest Quadrant with S.E. 5th Avenue
Application by Jeanne Heavilin, Salefish Realty, Inc.
I attended a seminar last Friday, May 27th, on the subject, "Florida Easements: Right-aI-Way and Other
Encumbrances", which was very useful. This is particularly applicable to bullet item #2 that I noted in
the above referenced memorandum. Abandonment of any public right-of-ways can only be split 50% to
the property owners on each side of the abandonment; no allocation can be slanted toward one side or the
other for any "honest to goodness" purpose. Therefore, the proposed abandonment 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 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 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 ofthe 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) 6-2-05.doc
TO:
THRU:
FROM:
DATE:
SUBJECT:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-089
Chair and Members
Community Redevelopment Agency Board
Michael W. Rumpf ~\1 Q./
Planning and Zoning Director
Ed Breese ~
Principal Planner
May 25, 2005
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 -
South -
East
West -
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
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 (Com cast) 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 3D-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
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415 SE 5th Avenue Abandonment at Right-at-Way
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Joseph M. Tucker. -Ft.L.S.
219 S.E. 23rd AVENUE .' P.O. BOX 759 . BOYNTON BEACH, FLORIDA 33435
BOYNTON BEACH Phone (561) 737-6546 . Fax (561) 734-7546
PORTION OF RAILROAD A VENUE
TO BE ABANDONED
EXHIBIT B
BOUNDARY SURVEYS
MORTGAGE SURVEYS
CONSTRUCTION LAYOUT
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. 5 TH AVENUE), AS SHOWN
IN THE ABOVE MENTIONED SUBDMSION OF PENCE; BOUNDED ON THE NORTH BY THE NORTH LINE
OF LOT 11, BLOCK "B",: BOUNDED ON TIlE EAST BY TIlE 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 SUBDMSIONNo. 1, RECORDED IN PLAT BOOK 1, PAGE
33, OF TIlE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA
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I HEREBY CERTIFY THAT THE DESCRIPTION AND THE ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN
ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPfER61Gl76, FLORIDA ADMINISTRATIVE CODE, SET FORTH :.
BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA, i
STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS THE I
SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING,
SKETCH, PLAT OR MAP IS FOR INFORMATION PURPOSES ONLY AND IS NOT VALID
ft/ ~/ .
BY;__ -- 'T/' ~? ~.
~:>SEJH . TUCl<ER, 1E z.: I1S
REftSTERED LAND SURVEYOR O. 3 85
ATE OF FLORIDA . .
" CERTIFICATION:
$he~1' / ()/' Z
LB 2102 .
NOTE: TIllS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTIONS
OF mE DESCRIPTION SHOWN HEREON, TIffiRE HAS BEEN NO FIELD WORK
VIEWING OF TIIE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION,
WITH TIIE PREPARATION OF TIIIS INFORMATION SHOWN HEREON.
NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED BY TIIE SURVEYOR
FOR RIOIITS OF WAYS, EASENIENTS OR RESERVATIONS OF RECORD
Phone:
"Boca (561)391~
Boynton (561) 737-6546
FAX (561) 734-7546
Joe Tucker
JOSEPH M. TUCKER. P.L.S.
219 5.E.23rd Ave. - P.O. Sox 759
Boynton Beach. FL 33435
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EXHIBIT "e"
Conditions of Approval
Project name: Abandonment ofa portion of the 30-foot right-of-way of Railroad Avenue
(adjacent to 415 SE 5th Avenue)
File number: ABAN 05-002
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments:
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments: None
PUBLIC UTILITY PROVIDERS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. Provision of a utility easement satisfactory to BellSouth and City Engineering.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
2. None
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
3. To be determined.
S:\Planning\SHARED\WP\PROJECTS\415 SE Slh Ave Aban \ABAN OS-002\COAdoc
DEVELOPM..,...T ORDER OF THE CITY COMMI~,.,oN OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Abandonment of a portion of the 30-foot right-of-way of Railroad Avenue
(adjacent to 415 SE 5th Avenue)
APPLICANT'S AGENT: Ms. Jeanne Heavilin of Salefish Realty
APPLICANT'S ADDRESS: 915 S. Federal Hwy., Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
July 5, 2005
TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a 30-foot unimproved road right-of-way
LOCATION OF PROPERTY: Generally located immediately north of 5th Avenue north, between 415 SE 5th
Avenue to the east and the FEC Railroad to the west.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings
and recommendation of the Community Redevelopment Agency Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the relief
sought by the applicant and heard testimony from the applicant, members of city administrative staff and the
public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth on
Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\415 SE 5th Avenue Aban \ABAN 05-002\DO.doc
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 05-062
TO:
Ed Breese, Principal Planner
Planning & Zoning Division
H. David Kelley, Jr., PE/PSM" ~
City Engineer
FROM:
DATE:
May 18, 2005
SUBJECT:
City Abandonment Petition No. OS-xxx
30-foot R/W, Railroad Avenue
Northwest Quadrant with S.E. 5th Avenue
Application by Jeanne Heavilin, Salefish Realty, Inc.
This memorandum is in response to your Memorandum dated May 4, 2005 on the above noted subject.
No legal description was attached; therefore this Division can only respond in general terms and
comments. However, I remember that we discussed this potential application in your conference room.
This Division has no objection to the proposed abandonment, but it must contain several provisos, as
follows:
1. A legal description needs to be generated for the proposed abandonment parcel. This should be
accomplished by the applicant's surveyor, but we can provide same in a "push come to shove"
situation.
2. The abandonment of the 30-foot roadway right-of-way, shall be allocated (attached) to the existing
residential property located to the east only, with none directed to the FEC RIR, the neighbor to
the west.
3. That a utility easement be generated to cover the exiting underground telephone cable located
within the existing roadway right-of-way pursuant to their letter of January 15, 2005 to the
applicant.
If the above provisos are performed, this Division will support the application (once completed in the
proper form). 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: Laurinda Logan, PE, Senior Engineer
Mike Rumpf, Director Planning & Zoning Division
Peter Mazzella, Deputy Utility Director
File
S:\Engineering\Kribs\Abandonment Petition, 30' RW, Railroad Ave, Application by J. Heavilin (Salefish Realty).doc
PLANNING AND ZONING
MEMORANDUM
TO: H. David Kelley, City Engineer
FROM: Ed Breese, Principal Planner ~
DATE: May 4, 200S
SUBJECT: Abandonment Request for a portion of Railroad Avenue
(Adjacent to 41S SE Sth Avenue)
Attached for your review is a copy of the application for abandonment described above.
As we discussed yesterday, the portion of the r-o-w immediately north of this parcel was
abandoned in 1994. Besides the application, also attached are an aerial of the area,
surveys of the portion of the r-o-w and the abutting property owned by the applicant, the
responses from the utility companies and a copy of the resolution of abandonment of the
portion of the r-o-w to the north.
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.
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