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APPLICATION 415 sF: 5th Avenue , PROJECT NAME: LOCATION: PCN: I FILE NO.: ABAN 05-002 II TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER: James E. Ploen Jeanne Heavilin- Salefish Realty, Inc. ADDRESS: 660 Horizons West Apt. 105 ADDRESS: 915 S. Federal Hwy. Boynton Beach, FL 33435 Boynton Beach, FL 33435 FAX: FAX: 561-738-7911 PHONE: - PHONE: 736-8300 Cell: 901-8714 SUBMITTAL / RESUBMITT AL 3/23/05 1ST REVIEW COMMENTS DUE: PUBLIC NOTICE: ~ \~\ 2nd REVIEW MEETING: LAND DEVELOPMENT SIGNS POSTED (SITE PLANS): PLANNING & DEVELOPMENT BOARD ~~\~\Il~ MEETING: COMMUNITY REDEVELOPMENT AGENCY BOARD CITY COMMISSION MEETING: 7/5/05 7/19/05 8/2/05 COMMENTS: S:\Planning\SHARED\WP\PROJECTS\415 SE 5th Ave ABAN\2005 PROJECT TRACKING INFO.doc . . City Codes Accessed Via Webslte www.boynton-beach.org www.amlegal.comlboynton_beach_fl.us Has applicant attended a pre-application meeting? 'Ie.:; . Date: g /1 t:,)OLj I CITY OF BOYNTON BEACH APPLICATION TO ABANDONNACATE PLANNING & ZONING DIVISION NOTE: This form must be filled out completely and accurately and must accompany all applications submitted to Planning and Zoning (Two (2) cooies of application are required.) · This is the address to which all agendas, letters and I PROJECT NAME: AGENrS NAME: AGENrS ADDRESS: AGENrS PHONE: AGENrS FAX: OWNE~'S NAME: (or Trustee's) OWNER'S ADDRESS: OWNER'S PHONE: OWNER'S FAX: PROJECT LOCATION: OR PCN NUMBER CORRESPONDENCE ADDRESS:. (if different than agent or owner) '-II!)' ~ ~. 5-MAv~ ~CiL~ i- .~" roc/d /Qv,J. j,''-''1 ..,~ }-J~<, vi ,,"') >J<.J:; -s h R uJ ~ ~c ~s- S. FdLr~ 1~9 _ 1~7'~.'1 &..-<<>/,. n ?:;'1,'i3$ ce)/ CjO/- <:(/1'1 o~htz- 7~'6-'~300 7:-%- 71J/ ~e~ S. r)v~ tkJ U,n?iH7S 0.z~+ AF W5 b'JLl nfor- 'ExN:.~, ~. '33-135 J .' 7'5'1-.2'1 ?-4 Y/~ -?2. .5fi, f/vL' (not legal description) H Vlhn ~1.0l iiii Jeanne ea' 'I~ REALETOtI~S@ ide Specialist Your as . (561) 736-8300 Busmess F (561) 738-7911 ax 8714 Cell (561) 90~1-' @bellsouth.net E-Mail jheaV1 m lefi~~~,;.com WWW~~ -~:'R"'~ 915 S. Federal Highway' The undersigned, pursuant to Ordinance NO. 76-27 of the City of Boynton Beach, Florida, hereby applies to the City Commission to vacate/abandon, and discontinue the,(check one): ( ( ( ( ) ALLEY ) STREET ) SPECIAL PURPOSE EASEMENT ) OTHER NON-FEE INTEREST OF THE CITY .,,- as described in attached Exhibit "A", and to renounce and disclaim any right of the City and the public in and to any land in connection therewith. Said application is to be filed with Planning and Zoning in duplicate and applications involving more than one of the above listed non fee interests shall be filed separately. Each application so filed shall be complete in every respect. Representative of the project must be present at all Technical Review Committee, Planning and Development Board or Community Redevelopment Agency and City Commission meetings held to review this project. The undersigned hereby certify: 1. 2. 3. 4. 5. 6. That a complete and accurate legal description with the specific property interest sought to be vacated or abandoned, including where possible a plat map or drawing showing the general area and location involved, is set forth in Exhibit "A" attached hereto. That the title or interest of the City and the public in and to the specific property interest described above was acquired and is evidenced by, (check one): ( / ) DEED ( ) DEDICATION ( ) PRESCRIPTION Recorded in (~~.. 2.. tiC; Y Book I b7& 3 ,Page i CfJ:P , and Public Records of Palm Beach County, Florida. That no similar application has been considered by the City at any time within six (6) months of the date hereof, and should this application be granted. such abandonment and vacation will prevent no other property owners from access to and from their property and not other property owners in the vicinity will be adversely affected. That the above described property interest is under the control and jurisdiction of the City Commission of the City of Boynton Beach, Florida; is not a part of any state or federal highway system; and was not acquired or dedicated for state or federal highway purposes. That the following constitutes a complete and accurate schedule of all owners and occupants bounding and abutting the property interest described above. The list of names and addresses of the owners and occupants of abutting real property, addressed envelopes and 1st class postage (stamps or pay for required postage). 2 NAME ~(+t'l") p].{J Sch-rr. ADDRESS ,j3~3 n.w. 6"1~ st. '"&;<~Jo'" R. ~'-l (f6 ~ 28"'0<- Jvr..-'1e s .:; - ?lo~'" /;VS+ M/J Url~''\5 N/ ~lb~8oJY1..Jo..., &~J... Fi. ~,,>'-i 3,s--573 ~r 7. Verification from each affected or potentially affected utility company that they have no interest in the vacation/abandonment, or, if they have present or future interest, proposed easement documents protecting their interests. (See attached Utility Company list) (ALL UTILITY COMPANY RESPONSES MUST BE INCLUDED WITH APPLICATION SUBMITTAL) 8. Obtain a survey of the street (or easement). 9. Obtain a title opinion (ownership and encumbrance report) from a title company. +- That the following grounds and reasons are submitted in support of this application: ere o.~ Q.ctptj~ t?\>1 ~f JiR- J,)) sfrl1t.tUk '(II ~l~rd~T7 /7- I 'ZOO,! ~.~<. t-) zet') 1"7 ~ . . be..c-k (~JI{>L(Y"f.f. i\.+---~' mr:r;t- 10. DATED: APPLlCANT(S) NAME (PLEASE SIGN) 81'j)~ ADDRESS (,~O tf~,"l:;tKvs W~r '~c5"" &oy/llT{) tJ I~. rL ,5'135 .. , STATE OF FLORIDA COUNTY OF PALM BEACH The above naf'ged applicant(s) being first duly sworn by me the day and year above indicated, deposed and stated that _ he L are/is the applicant(s) in the foregoing Application to AbandonNacate; that they have read the same and that the facts therein set forth are true and correct to the best of their knowledge. ~"- C?J. ~ / T ARY PUBLIC, S of Florida My Commission Expires: "-I ) 17 ) Dl 007 , Updated 10/15/01 'm~~~:::~~'" No LISA P. ZIELINSKI f ~ ... ~\ tory Public - Slate of Florida ~. . . . ~Myeom. tIssionl:-w... Arv 17 1VY\7 ~~ .y= ~~~ .~ ....;,~ 0'.",:", Commission # 00189381 I, OF F\. \\' '....".. . ~Onderl By National Notary Assr . --------- @lIELLSOUTH BellSouth Telecommunications, Inc. Engineering Department 2021 So. Military Trail Room 107 West Palm Beach, FL 33415 Office: 561-439-9118 Fax: 561-964-3499 January 15, 2005 Jeanne Heavilin Salefish Realty, Inc. 532 East Ocean Avenue Boynton Beach, FIOiida 33435 Re: Public Right otWay along the West property line at 415 S.E.5th Avenue, Boynton Beach, Florida (peN: 08-43-45-28-07-002-0112) Dear Ms. Heavilin: BellSouth Telecommunications, Inc. has reviewed the above-mentioned property with regard to the abandonment of the unimproved public right of way and have found there to be an active buried telecommunication cable serving adjacent properties. BellSouth would not object to the abandonment if the right of way, or that portion thereof, were to be established as a utility easement. We will provide a letter of no objection upon receipt of the City of Boynton Beach's concurrence that they have no objection to the right of way abandonment. BellSouth will not provide the description of the easement nor provide an exact location as to where the buried facility is physically located. That function would be the responsibility of the property owner. I am available to discuss this issue at your convenience. ..?inCereQ, . ~) ( ,._-~ . / ',) ).Q/. - c 1#_, Robert C. Lowen Project Manager Attachment Florida Public o Utilities Company Jeanne Heavilin 532 East Ocean Avenue Boynton Beach, FL 33435 P.O. Box 3395 West Palm Beach FL 33402-3395 (561)832-2461 November 2, 2004 RE: 415 S.E. 5th Avenue, Boynton Beach Dear Ms Heavilin: Please be advised that Florida Public Utilities Company has no objection to the abandonment of the existing 30' wide utility easement as described in your letter. At the present time, we have no underground gas distribution facilities located within the limits of the proposed abandonment. If you have any additional questions or concerns please feel free to call me at 561-838-1782. Sincerely, c7~( 5~4~' Frank Studenski Engineermg Tech cc: C.C. Canino ...............- CAU.~.,. .......W". ....... lAW ........1" t . FPL ,,," Florida Power & Light Company. 21400 Powerline Road. Boca Raton. FL 33433 October 28, 2004 Ms. Jeanne Heavilin Salefish Reality, Inc 532 E. Ocean Ave. Boynton Beach, Florida 33435 Re: Abandoning of a 30' wide unimproved public right-of-way West side of 415 SE 5th Ave Dear Ms. Heavilin, The area you are requesting for abandoning as stated in your letter dated October 28, 2004 has been reviewed as requested. Please be advised that FPL has no objection to the above abandonment. If you have any questions, please don't hesitate to call me at (561) 479-4511. Sincerely, ~L2tJo#J~ John R. Van Vleet Senior System Project Manager an FPl Group company TUE/FEB/08/2005 03:28 PM ADEJPijIA CABLE FAX No. 561 6~() 3996 p, 002 I ...- '.d....:: """""'1" ,.........'.11.' ,'....... ,:."'.,.,... , ..., ~'rn' 'I" a"'''''' ::;,:";.',,,:,., ,~':,~',)~:".r~:'.:...;,:,.!".:;:'...:,':.,: ~ YOI.rl.H(for EveIythhg Engineering Department 1401 Northpolnt Parkway West Palm Beach, FI33407 Office: 561-656-8927 Fax: 561-640-3996 February 8, 2005 Ms. Jeanne Heavlin Salefish Reality Inc., 532 E. Ocean Ave.. Boynton Beach, FI. 33435 RE: Abandoning of a 30' wide unimproved public right of way Dear Ms. Heavlin, The area that you are requesting for abandonment as stated in your letter dated January 21, 2005 has been reviewed as requested. Please be ~dvised that Adelphia Cable has no objection to the above abandonment. Please i you have additional questions at (561) 656-8927 regarding this project. ..... Dominique Au is ConstnJction Supervisor Adelphia Communications 26 Oct 04 06:2Sp Warner Home Video 5261-7607 p.2 " OWNER'S TITLE INSURANCE POLICY Attorneys' Title Insurance Fund, Inc. ORLANDO, FLORIDA SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B A..1\ffi THE CONDITIONS AND STIPU- LATIONS, ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation, herein called The Fund, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Fund will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipula- tions. In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND, INC. has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. ...."_.........,, ,;;r" ~.., ~.~~.......... ~ .. ... ..' ". i; ~. ....-.0... '...-.. G'1't," or-- -~~ ... ~.. if.: ...- ':1; \'ll\ SetAL ). J '-';'. ~ "r)Ii.. \~....,. ...... l ',\-: ......... 'Ja':> '" l'tolllO.."..... "-'hit..."", Attorneys' Title Insurance Fund, Inc. By ~~ Charles J. Kovaleski President SERIAL OPM- 2260702 FUND FORM OPM (rev. 3/98) I 26 Oct 04 06:29p War~er Home Video SCHEDULE A 5261-7607 p.3 PoJicyNo.: OPM-2260702 Effective Date: 02/19/04 Agent's File Reference: EA/ 4727 9: 56.34 a.m. Amount ofInsurance: $ 204 , 000 . 00 1. Name of Insured: James S. Ploen and Olga M. Lucanich, a/k/a Olga M. Ploen, a/k/a Olga M. Lucanich Ploen, as Co-Trustees of the James S. P~oen Revocable Trust Dated January 3, 2002 2. The estate or interest in the land described herein and which is covered by this policy is a fee simple (if other, specifY same) and is at the effective date hereof vested in the named insured as shown by instrument recorded in Official Records Book 16563 , Page 1820 of the Public Records of Palm Beach County, Florida. ___, 3. The land referred to in this policy is described as follows: Parcel 1: The West 100 feet of Lot 11, Block B, Pence Subdivision No.1, according to the Plat recorded in Plat Book 1, Page 33, as recorded in the Public Records of Palm Beach County, Florida; said land situate, lying and being in Palm Beach County, Florida. and Parcel 2: The East 75 feet of the West 175 feet of Lot 11, Block B, Pence Subdivision No.1, according to the Plat recorded in Plat Book 1, Page 33, as recorded in the Public Records of Palm Beach County, Florida; said land situate, lying and being in Pa1m Beach County, Florida. EDWARDS & ANGELL, LLP COUNSELLORS AT LAW 7276 ISSUING AGENT - AITORNEY OR FIRM OF ATIORNEYS AGENT NO. ~2t7 ONE NORTH CLEMATIS STREET MAILING ADDRESS FUND Form OPM-SCH.A (Rev. 1/98) [486] WEST PALM BEACH CITY FL 33401 ZIP (01/02 Di'play-Soft Ol-WlN-l-FL-SCHAl) ~J 26 Oct 04 06:2Sp War~@r Home Video 5261-7607 p.4 .. SCHEDULE B Policy No.: OPM-2260702 This policy does not insure against loss or damage by reason of the following exceptions: I. Ta~es for the year of the effective date of this policy and taxes or special assessments which are not shown as existing liens by the public records. 2. Rights or claims of parties in possession not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the public records. 5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by Jaw and not shown by the public records. 6. Mortgage executed by James S. Ploen and Olga M. Lucanich, a/k/a Olga M. Ploen, a/k/a Olga M. Lucanich Ploen, as Co-Trustees of the James S. Ploen Revocable Trust Dated January 3, 2002 , in favor of Palm 'Beach County Bank, dated February 18, 2004 and recorded February 19, 2004 in Official Records Book 16563, at Page 1822, of the Public Records of Palm Beach County, Florida, in the original principal amount of $163,200.00 7, Subject to any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid services charges for services by any water, sewer or gas system serving the lands desoribed herein. 8. Easements and all other matters as reserved on that certain Plat of Subdivision, recorded in Plat Book 1, Page 33. 9. Restrictions contained in instrument recorded in Deed Book 241, Page 85. 10. Affidavit contained in instrument recorded in Official Records Book 758, page 492. 11. Affidavit contained in instrument recorded in Official Records Book 758,page 493. 12. Survey prepared by LandTech Surveying and Inspections under Invoice Number 26963 dated January 26, 2004 reveals an encroachment of the garage 2 feet to 1.4 feet North of the North property line. 13. Assignment of Rents and Leases from James S. Ploen, and Olga M. Lukanich a/k/a Olga M. Ploen a/k/a Olga M. Lukanich Ploen, Individually, Husband and wife, and as Co-Trustees of The James S. Ploen Revocable Trust Dated January 3, 2002 to Palm Beach County Bank dated February 18, 2004 and recorded February 19, 2004 ~n Official Records Book 16563 at Page 1835. See Continuation Sheet / FUND Form OPM-SCH. B (rev. 5/94) [486] (02101 Pi'pID)'Sot\ I-WIN-I-FL-OPM1l2) . .~~ !' OR: .~; 8462 P9 '. j/ I 307 L--\ I 1" 6~)b) 1- P ,. .-.... ! .,./ ("":'~Ilh RESOLUTION NO. R94-/7/ !, II II 'I II j A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING AN APPROXIMATE 153.10 FOOT WIDE, UNIMPROVED PUBLIC RIGHT-OF-WAY, ABUTTING THE WEST PROPERTY LINE OF 513 AND 515 S.E. 4TH STREET; SAID PROPERTY BEtNG MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID UTILITY EASEMENT; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHBREAS, the applicant, Burton Metsch, is requesting abandonment of an approximate 153.10 foot long portion of Railroad Avenue, a 30 foot wide, unimproved public right-of- way, abutting the west property line of 513 and 515 S.E. 4th Street, in connection with a near future, site plan approval for a motel apartment project; WHERBAS, conunents have been solicited from the appropriate City Departments; and WHEREAS, public hearings have been held before the City'S Planning and Zoning Board and the City Commission on the proposed abandonment; and WHBREAS, based on the foregoing information, the said right-of-way no longer serves any useful purpose. , ! ' NOW, THEREFORE, BE IT RBSOLVBD BY THB CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section'l. The City Cornrrdssion of.the City of Boynton Beach, Florida Qy and through its City Commission does hereby abandon an approximate 153.10 foot long portion of Railroad Avenue, a 30 foot wide, unimproved public right-of-way, abutting the west property line of 513 and 515. S. E. 4th Street, in the City of Boynton Beach, Florida and more particularly described in Exhibit "A" attached hereto. Se~tion 2. The Mayor and City Clerk are hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records o~ Palm Beach County, Florida. Section 3. That this Resolution effective immediately upon passage. shall become PASSED AND ADOPTED this ~ day of October, 1994. CITY OF BO N B~CH, FLORIDA r ."_ '.f . it: ,(/4'(' ~,tt. /c ~. ~:~ '-?7 4~ . 1 in. = 80.7 feet I~\ \('~'{~\".. f \ \ j '!.' ] G~ ~ l~ t. l{:) ;::,~'"''"(::.:. v 415 SE 5th Avenue Abandonment