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)
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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
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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
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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,))
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10.
DATED:
APPLlCANT(S) NAME (PLEASE SIGN)
81'j)~
ADDRESS
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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
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....;,~ 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".
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.
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
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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
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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.
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Attorneys' Title Insurance Fund, Inc.
By
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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)
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26 Oct 04 06:2Sp
War~@r Home Video
5261-7607
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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)
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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
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415 SE 5th Avenue Abandonment