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CORRESPONDENCE 04/28/05 TBlT 14:00 FAX 561 83' 8562 FLA PUBLIC l~ILS 14I 001 Fax Cover .I FLORIDA PUaIC UTI LITI ES 401 South Dixie Hwy. West Palm Beach, Florida 33410 Corporate Headquarters (561) 832-2461 To: Eric .Johnson From: C. Can inCl' Fax: 561-742.6259 Phone: 581.838-1773 of~ 581.723-3524 ce.. Phone: 561-742..6256 Date: 4/28/05 Cc: # of Pages: This + 1 Re: No Objection Letter from FP&L . For Review Comments: Dear Mr. Johnson, Attached you will find a copy of the letter I received from Lee Hines ofFP&L stating that they have no objection to our abandonment request. (ref ABAN 05-001) Please contact me if you have any questions .... Regards; Christopher C. Canino Manger of Engineering. Please Log 00 to WWW.fDuc.com for Corporate Information and News orking Together To Serve Our Customers Bette 04/28/05 THU 1~:00 FAX 561 83~ 8562 FLA PlmLIC lITILS III 002 " . FPL ROOda Power & Light Company, 9329 S. Military Trail, Boyllfon, FL 33C36 . . April 20, 2005 Christopher C. Canino Florida Public Utilities Company P.O. BOX 3395 West Palm Beachj Florida 33402-3395 . Attn: Christopher C. Canino RE: Petition to Abandon I Vacate 30ft wide RiQht of Way thiat is adiacent to the west side of Old Boynton Rd. As shown in attached maD. ( Dear Mr. Canifle- FPL has no objections to the abandonment of the above referenced right of way. If you require any further information or assistance, please do not hesitate to contact me at (561) 742- 2025. Sin~ . LeeHines ~ Customer Project Manager an FPL Group company 04/14/05 THU 15:58 FAX 561 8~~ 8562 FLA PlffiLIC UTILS III 001 . FLORIDA PUBLIC UTiliTIES P.O. Box 3395 West Palm Beach FL 33402-3395 (561}832-2461 April 14, 2005 Wal-Mart Realty Co. Attn: Roger Reithemeyer 2001 SE lOth St . Bentonville, AR 72716-0550 RE: Right Of Way Abandonment - Adjacent to property of store # 2189 in Boynton Beach, FL . Dear Mr. Reithemeyer, Per our conversation, I have enclosed a copy of the legal description of the right-of-way that we are presently petitioning the City of Boynton Beach, FL to abandon. As I \U1derstand it, if our abandonment request is approved, Florida Public Utilities Co (FPUC) will acquire the eastern half of the right of way that is adjacent to our property and Wal Mart will acquire the portion of the right of way that is adjacent to its property. One of the conditions of our application is that a 15ft utility . easement be generated and remain along the western half of the right of way in order to protect the city's underground utilities that arc presently located in that area. To aid in your review, I have enclosed a copy of our legal description and sketch that was submitted to the City, a copy of the legal notice for the upcoming meetings that was sent to your linn under a separate cover, and a photo of the area in question (at the north end of the right of way looking south _ Wal Mart store/property is on the right). The City's Planning and Zoning Dept. has asked that I obtain a letter from your firm indicating yoW' thoughts regarding our requested abandonment. I anticipate that you will agree to the proposal, however please send your correspondence, so that I can respond to their request. An expeditious response would be greatly appreciated as this topic is on the agenda for the City's first meeting on this . topic at their Planning and Zoning Meeting on April 26, 2005. Feel free to contact me at (561) 838-1773 ofc or (561) 123-3524 cell in can be of any assistance. Regards, . Christopher C. Canino Manager of Engineering ~ Eric Jolmson - City of Boynton Beach, Planning & Zoning Department ..401 South Dixie Hwy. ... West Palm Beach, Florlda 33..401 ... ........1 561.8n.2461 ... VIM: www.fpl.lC.l;Qm Johnson, Eric From: Sent: To: Cc: Subject: Kelley, David Wednesday, April 13, 2005 1 :01 PM Johnson, Eric Breese, Ed; Logan, Laurinda; Mazzella, Pete RE: Dedication of utility easement YES, your assumption is correct. Just because Wal-Mart will be "given" the west 15 feet, it will be subject to the required utility easement to cover the existing water main located therein. Therefore, Wal-Mart will obtain the additional land (unbeknownst to them) that will have the U.E. other it. The east 15-feet will go to F.P.U.C. to "cover" their existing 'regulator' built in the wrong spot. This will allow them to retain the 15-foot strip (as their own for their regulator) while they sell off their original piece to the Car Wash people for their intended use. An in the mean time, the city eliminates a piece of r/w that is unimproved and 'goes nowhere', If you have any further ???, please advise me. Dave.... -----Original Message----- From: Johnson, Eric Sent: Wednesday, April 13, 2005 10:34 AM To: Kelley, David Cc: Breese, Ed Subject: Dedication of utility easement Dave, As you know, Florida Public Utilities submitted an application to abandon a 30-foot road right-of-way at the Wal*Mart property. Staff (including Utilities) is recommending approval of their request subject to the dedication of a 15-foot wide utility easement "over the west 15 feet thereof', I assume that the west 15 feet was chosen over the east 15 feet because underground infrastructure already exist within the west 15 feet. Is this correct? If so, if succesfully abandoned, this translates to Wal*Mart dedicating the easment rather than Florida Public Utilities because the west half (15 feet) would go to Wal*Mart and the east half (15 feet) would go to FPU. Your comments. Thanks, Eric 1 03/31/05 THU 16:37 FAX 561 833 8562 FLA PUBLIC UTILS III 004 .'tIe. I' 11- . . . . , .' . , " , ."..', . ", . .... , ..... ,.. ......, .. . .. .. .. .;.", . ""'," ,..,.... ,"... .. ',. .'...............p.........' B..... ," ,i:.. ,.:.-..". . :' .;"':.'.:.'. 'y' '" ...,....;.' .' .1:'.... . .... ~.. '" ,. . . : : . : ". '"I': . .. ,; . ;"; ,~. " n" o .. '. . .: . .':i )~:.. ;:, .' ..:' . ,; r .~ . . . .' . '.::: :.:" -.:.":: :: ..:.,..:-.,' : ",' :,::...': ::"':.': ,:::. :": Engineering Department 1401 Northpoint Parkway West Palm Beach, F133047 Wednesday March 23,2005 Christopher C. Canino Florida Public Utilities Co. P.O. Box 3395 WPB PI. 33402 RE: Abandonment of right of way adjacent to 3200 Old Boynton Rei. Dear Mr. Canino, In reviewing your request on the above ref. project, Adelphia (WPB) ...has no objections nor conflicts with your proposed plans and, .. .does not encroach onto our easements or otherwise interfere with the provision of service to our customers. Should you have any other questions, please feel free to call me at 1-561-656-8931 / Fax Number - 1-561-640-3996 / e-mail-mike.west@adelphia.com Construction Coordinator 03/31/05 THU 16:38 FAX 561 83~ 8562 FLA PUBLIC UTILS 141 005 @ BEI.I.SOUTH BellSouth TelecommunIcatIons, Inc. Engineering Department 2021 So. Military Trail Room 107 West Palm Beach, FL 33415 OffIce: 561-439-9118 F8x: 561-964-3499 Via,Electronlc Mail & u.s. Mail March 10, 2005 Mr. Christopher C. Canino Florida Public Utilities Company P.O. Box 3395 West Palm Beach, Florida 33402-2461 Re: Revision to No Objection Letter to Abandon the Right of Way Adjacent to 3200 Old Boynton Road D~ar Chris: BellSouth has reviewed the above-mentioned revision to the right of way abandonment and has no objection. Please contact my office if you require additional information concerning thjs matter. ~bok.. Robert C. Lowen Project Manager CITY OF BOYNTON BEACH OFFICE OF THE CITY ENGINEER 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Telephone #(561) 742-6480 FAX (561) 742-6285 LETTER OF TRANSMITTAL Date: March 3, 2005 via Facsimile no. 833-8579 TO: Christopher C. Canino Manager of Engineering Florida Public Utilities Company 401 South Dixie Highway West Palm Beach, Florida 33410 SUBJECT: Proposed 30-foot R/W Abandonment Old Boynton Road TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: I Co~i~ I No. Description Remarks: We have reviewed your facsimile dated 2/23/05 in regards to the proposed legal description for the 30-foot roadway adjacent to your property on Old Boynton Road. Please be advised that this office concurs with your assessment of our Memorandum #04-198 to Eric Johnson of the P&Z Division in regards to the total existing R/W to be abandoned. Please contact Mr. Johnson in regards to the abandonment application and required documents thereof. So long as the legal description remains as presented, this office will endorse the abandonment petition. If you have any questions, please contact me at telephone number 742-6488. Copy to: Eric Johnson, P&Z Div. Laurinda Logan, PE, Engr. Div. Mike Pawelczyk, City Attorney's Office File Signature: "'Vi."rUt:""4. H. David Kelley, Jr. PEjR' City Engineer S:\Engineering\Engineering Dept. Letter of Transmittal.doc 02/23/05 WED 09:46 FAX 561 8'~ 8562 FLA PUBLIC l~ILS ~001 Fax Cover FLORIDA PUIUe UTiliTIES 401 South Dixie Hwy. West Palm Beach, Florida 33410 Coxporate Headquarters (561) 832-2461 To: Dave Ken)' From: c. Canino Fax: 561-742-6285 Phone: 581-838-1773 ole 561-723-3524 cell Phone: 561-742-6488 Date: 2/23/05 Cc: E. ~ohnson, M. Wilde # of Pages: 2 I Ke: Re-subrnittal for RIW abandonment (05-001) · For RevillW Comments: Dear Mr. Kelly, Mr. Eric Johnson called me. last week regarding the status of our R/W abandonment application. We determined that your response to our 1/12/05 re-submittal had been directed to his attention. I mentioned to him that you and I had spoken earlier and that I was awaiting receipt of your response to our 1/12/05 re~submitta1. We went on to detennine the following... Prior to our 1/12/05 re- submittal you had mentioned to me that you had provided a description that we could utilize in our re-submittal. I then utilized the description that you provided in your m erno #04-190 in our re- submittal. Upon discussion with Eric, I unfortunately realized that I had not rec'd a copy of your memo # 04-198, which contained a different description from that of the 04-190 memo. Eric then faxed me a copy of your 05-008 memo, along with a copy of your 04-198 memo. I have extracted the wording and intent you provided in memo 04-198 and have attempted to reflect them in the document attached as our 2/23/05 re-submittal. I trust that this will meet your approval and help to clear up the cause of any misunderstandings. If you have any queSl.ions or comments, please contact me immediately so that I can make the necessary revisions and re-submit them. F eel free to contact and copy me (ifp ossible) 0 n your response to this revision. Thank you for your attention to this matter. Regards, Christopher C. Canino, Manger of Engineering. Please Log 00 to WWW.fDuc.com for Corporate Information aud News Working Together To Serve Our Customers Bette 04/11/05 MON 10:19 FAX 561 8'~ 8562 "A portion of the 3O-foot right-of-way lying well\". ""and adjacent to Tract 42 as shown on toe SUBD'V~N of Section 19. Township 45 South, Range 43 East, Palm Beach County, according to the plat thereof recorded In Plat Book 7. Page 19. of the Public Records of Palm Beach County. Florida, said portion lying South of the r1ght-Qf-way line of Old Boynton Road (as currently laid nllt AIVI in u....) ~c roool'ded in O_~.e. 4270. page 110fll'lftho Public ~ootd~ of PoIIlrll 8~illCn Gaunty. I-Iortda, and more particularly described as follows: FLA PlffiLIC lITILS ~001 BEGINNING as poInt on the west line of said Tract 42, 20 feet south of its original northwest tract comer (said point being on the existing south right-of-way line of said Old Boynton Road). thence run southerly along said west line of Tract 42, a distance of 252.13 feet to a pOint on the north line of a drainage easement as described in O.RB. 10939, Page 1451, Public RllIcord of Palm Beach County, Florida. thence run westerly along said north line of said drainage easement a distance of 30 feet to a point On the east line of Tract 45 as shown on aforesaid plat of the SUBDIVISION of Section 19 {said east line being also the east line of Tract 'A' (stormwater easement) of the plat of WAl*MART AT BOYNTON B~CH. as recorded in Plat Book 94. Page$ 140 & 141. of the said Public Records of Palm Beach COunty, Florida), thence run northerly along the east line of said Tract 45, a distance of 253.67 feet to a point on the said existing south right-of-way line of said Old Boynton Road. thence run easterty along said south right-of-way line a distance of 30 feet to the POINT OF BEGINNING. Subject to a 15 foot utility easement over the west 15 feet thereof.. +8ct. "~;J" ., ~~~ ~:~ <<,. ~ '!! ~ .......... ~ O~D SO~Jt?6~TON ROA ~ I H OrWA Y .~ ..-, ----- (:, -1- N".4t',3-[ ~. 208.OS- 15' U.E. . INITIATE AND REMAIN '~;:>.,}') 'TRACT .' STOANW~ lER [ASDAENT D.A.1Wi po.(1'70 .. ....... C) A ~.... , '"'''' 01 ~. , t...,r"'\1 ~ CO > Q) - :::I o CD ~ s.... CO c.. WA ftR U.SEM[NT NO. 3 OA 12728. PC. 180' - - ~ Q) ..... U) CD ..c:: (.) c.: .- S - .. PORTlCN OF THE DRJJH.Af:t EASEUENr I ~5CflrMD IN o.R. tOm. ~ '4$' WA1'!R t.S[M[NT NO. ~ Q.R, 12725. PO. .~VO, SA"IT~R'T stYltR to' STORM WAT€R EASrJilENT NO.1 DAAlNAot EAStNEHT O.R. 12728 (.R. 1272S PG.18 PC. 1 MIS - - 10' STORM WATER NNAaE [A5t~T Q,A. 1212& "Coli ORI~ -..~ss -.. S.8WS'1~ 1 74.00 ~t ~ ''''T ."" ,f"\,......... t... ~ ....-- ~.... .-0 10 I""" ,,~ . r\""v I ....... 4 RIcHr OF WAY ~ 0llAWlI'IG NO.: ..._ IlEOUE:5r Lit flO.: OIl) 8cmITDH kIocH tl.4E SCHk 1\1.S, 5165-LS4EI"'1lld IIl)tIoII bIIch ,. sfIIiIlIIV2 ~~. STATION SHmf I OF 1 II SHOW PROPOS R A P:\Departments & Divisions\Englneering\DRAWING FILES\CAO Drawings'LSOUTH\S4 E1\5165-1_S4E1-<>1d boynton beach gate station.dwgV2,dwg, 2122 4 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 05-008 TO: Eric Johnson, Planner Planning & Zoning Division FROM: Michael Pawelczyk City Attorney's Office .., H. David Kelley, Jr., PEIPS~ City Engineer DATE: January 25, 2005 REF: Memo #04-190, dated 11/23/04 Memo #04-198, dated 12/01/04 SUBJECT: City Abandonment Petition No. 05-001 - 3rd Review 30-foot R/W, South of Old Boynton Road and West of Winchester Boulevard Application by Florida Public Utilities Company Subsequent to my previous memorandums noted above, this office has received via facsimile from the applicant (Florida Public Utilities Company) on January 12th a proposed abandonment legal description and sketch that attempts to cover both scenarios noted in the above memorandums. By this, they have included the length of the roadway right-of-way that we described in our Memorandum #04-190, then less out what we did not described to them in our Memorandum #04-198. Although their submission generically covers the intent, this is a very poor way to describe what the intent of the abandonment really IS. We strongly suggest that they utilize the legal description and sketch that we included in Memorandum #04-198 to delineate the correct piece of the right-of-way that needs to be addressed. If they insist in utilizing what they submitted, we will insist that they field stake, lathe and flag their legal description in order for this Division to determine the validity of same. We will hold any further comment on this proposed abandonment petition until their formal submittal has been received. Again and as a reminder, the west 15 feet of the abandonment needs to reflect a utility easement to cover the existing utilities located within. As stated previously, this Division will only support the abandonment of the total remnant 30-foot right- of-way remaining in this area. The applicant will still be the gas company. Please advise the gas company (Mr. Christopher Canino, telephone number 838-1773) of our comments. 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. of P&Z Div. Peter Mazzella, Deputy Utility Director File ~02/16/0~ WED ~0:56 FAX 561 Q'l3 856.2 FLA PUBLIC UTILS III 001 f""X ID €"1.lC :lOt!t-l.so~ A>.... ~hs PKe; - '?../1$/6S-- Fax Cover FLORIDA PUBLIC UTI LITIES 401 South Dixie Hwy, West Palm Beach, Florida 33410 Corporate Headquarters (561) 832-2461 To: Dave Kelly From: C. Canino Fax: 561-742-6285 Phone: 561-838-1773 Phone: 561-742..6488 Date: 1/12/05 Cc: M/Kt" INIL!>€' '# of Pages: 2 Re: Comments. on our description / attachment for R/W abandonment . ForR~ew Commentsl Dear Mr. Kelly, Per our discussion, in lieu of the necessity to obtain an additional survey I wanted to submit to you the proposed drawing that we intend to resubmit with our revised right-of-way abandonment application. Please review the attached description and contact me to discuss your acceptance or any comments that you may have, I've utilized the wording and scope that you recommended in your 11/23/04 letter (less any segrnent of the right-of-way that has previously been abandoned). Thank you for your cooperation and attention to this matter. I hope that we will be prepared to submit for inclusion in the upcoming Planning and Development Board meeting in February. Feel free to contact me at (561) 838-1773 office or (561) 723-3524 cel~ as soon as you have had an opportunity to revi(:w the attached info. Regards; Christopher C. Canino, Manger of Engineering, :I~lcase :Lo:~ On to www.lj)lIc.coIUfol.Col.pOnltehlf()rmat.ioll alld News Workin9 Together To Serve Our Customers Bette 02/16/~ WED 10:57 F~ 5~ "'13 8562 FLA PlffiLIC lITILS "A portion of the 3Q-foot right-of-way lying west of and adjacent to Tract 42 as shown on the SUBDIVISION of Section 19, Township 45 South, Range 43 East, Palm Beach County, according to the plat thf,re recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida, said portion lying South of the right-of-way line of Old Boynton Road as recorded in a.R.B. 4276, Page 1105 of the Public Records of Palm Beach County, Florida and the record plat line for the driveway access into the plat of WALfJMART AT BOYNTON BEACH, as recorded in Plat Book 94. Pages 140 & 141, of the said Public Records of Palm Beach County, Florida. less and except any portion of this right-of-way that has been previously abandoned: Subject to a 15-foot utility easement over the west 15 feet thereof' 1.1 -:.... -1- N't'4e"~ l 208.15' $,$ , -"<t' 8;j"J.~"n C) A R"'- ,,.. I =.J Pt.A T 'lRACT A' STOfUAW,l l[Ft , [ASENEN" 110 o.R.~ pc., -"'..... - - - A PORTION ()F' THe DlWN;'~ (AsEJICN r DtSCkIBt.D IN O./f. '()'J~ pa. '45' WA'ffR tAS[MENT tljO. 3 0.1\, 12721. PO. 1~OD ~ft . .. SA"Il""Y st......'I"II '0 STOR.,. WATER EASEMENT NO. , DRAINACit EASr:MENT . O.R. 12728 (.~. 12725 PG IV PO. 1~ - 10' $'T'OIU.l WATER NNACE t;ASthItNT O,A. 1212& Pc.,. .1.3 4 ~002 "E m > Q) - .:J o m ~ "- CO a. L- CD ~ en CD .c. (J c .- ,S I .. _ ClI' w..Y ~ IIllMIINQ MO.: 811_ ~ ~R. NO.: . OLD IO'iNRlN ~ GATE St.AI..[; IlT.s. 5165--1..54El'111d ~ ~ 9*1IaIiIIlI ~~LW;r srll110ll SHm' 1 ~ 1 I SHOW PROPOSED R W AB P:\Departments & Divisions\Engineenng\DRAWlNG FILES\CAD Drawings\...SQUTH\S4 E1\5165-LS4E1-old boynton beach gate station.dwg, 1/11/20051' DEC-21-04 02:00PM FROM- T-125 P,OOl/004 F-320 erman Senterfitt ATTORNEYS AT LAW ForI L:1utlertlale JlIc:ksonvillc Miami Orlando Tallah;lSs~ Tampa Wa_hinglon, DC WesL Palm Bc:lch Cilrus Center, 17th Floo,' 255 Sc;llilh Orange Avt:T1u.: Orlando. Florida 32801-3483 PosL Ome!: Box 231 mail Orl~ndo, Florida 321101-0231 www.akerm:m.com 407 84:> 7860 rei 407 843 661 () ftTX FAX COVER SHEET From: Michael C. Wilde . Date: December 21, 2004 PLEASE DELIVER P AGE(S) (including cover sheet) TO: Name: Company: Chris Canino FPUC. Fax Number: 561-742-6259 Phone Number: Please call (407) 843-7860 Ext. 2216 if you do not receive all the pages. Comments/Special Instructions Please see the attached. The infonnation contained in this transmission may be: a confidential anorncy-client communication or may otherwise be privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this transmittal is notlhe intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you ha vr;; received this communication in error, please imm~diately nOlify us by telephone: and return the ori~nat transminal to us by mail. Thank you. ClientIManer No; 146005 fOR82S834;1} Equitrac ID: 5125 FACSIMILE CITY OF BOYNTON BEACH City Hall, West Wing 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33425 (561) 742-6260 (561) 742-6259 Fax From the office of Planning & Zoning TO: -111( Dt'\e\srrJPHt1l eltAJnJ() FAX: (;&1) <?315, 17to9 DATE: MR ~lZ'G <Ii2J,\tJSD'v \ ~l!j 0 '-l FROM: NUMBER OF PAGES: (including cover) L( RE: A~ OS-{XJ( A-~)0o-.~~ ts "'~D/ M'Cwud vJlol, rt)Cjtr~€ ~ ~ ~'LL ~ 0 /lJl.~ ~ ~, ~-VI {ba.v<- K.e tleYJ \,u e., ('Y\CH'1 \}eeJ tu ~r'~ -P.+-l~ ~~ ."<"~'vl ~ If you receive this fax in error, or experience trouble with transmission, please notify our office immediately, at (561) 742-6260. Thank you. The City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 PUBLIC WORKS DEPARTMENT FAX (561) 742-6285 www.boynton-beach.org December 20, 2004 Akerman Senterfitt, Attorneys Citrus Center - 17th Floor 255 South Orange Avenue Orlando, Florida 32801-3483 via Facsimile (407) 843-6610 Attention: Michael Wild, Esq. Reference: Our Memorandum No. 04-190 (11/23/04) to P & Z Div. Our Memorandum No. 04-198 (12/01/04) to P & Z Div. SUBJECT: City Abandonment Petition No. 05-001 30-Foot Right-of-way South of Old Boynton Road and West of Winchester Boulevard Application by Florida Public Utilities Company Dear Mr. Wild: '. Weare in receipt of your facsimile dated December 17, 2004 on the above noted subj ect. As I noted in our telecon this morning, we have reviewed your transmitted documentation on the "attached deed [from Wal*Mart to Martins BBQ] and the Palm Beach County Resolution (previously submitted). Based upon my review, there is a "hole" in the chain of events, based on the following recapitulation: 09/14/76 Board of County Commissioners of Palm Beach County, Florida adopts the Resolution No. R-76-802, which vacates a portion of that 30-foot right-of-way, starting approximately 272.13 feet below the old right-of-way line of Old Boynton Road down to (what is now known as) Boynton Beach Boulevard. 07/12/01 Wal*Mart Stores (via a special warranty deed) sells a piece of the "un-abandoned 30- foot right-of-way" to Sonny's B-B-Q (the south 124.61 feet, more or less), leaving that section adjacent to the FPUC property (basically the 127.52-foot portion south of the current right-of-way line of Old Boynton Road). The question is, how did Wal*Mart obtain title to this south 124.61 feet more or less, of the 30-foot right-of-way, in order to sell it to Martins BBQ? The attached sketch is highlighted in "yellow" reflecting this area of question. A chain oftitle will be required to determine how this segment of right- of-way was abandoned and how Wal*Mart obtained title to it. Until then and by copy of this letter, I am asking the Planning and Zoning Division to hold in abeyance the above noted abandonment application. America's Gateway to the Gulfstream Akerman Sentefitt, Attorneys Re: City Abandonment Petition by Florida Public Utilities Company December 20, 2004 Page 2 Our recommendation( s) will await your response to this task. If you have any questions, please contact me at telephone number (561) 742-6488. Sincerely, )14 ~, H. David Kelley, Jr., P City Engineer HDK:ck xc: Michael Pawelczyk, City Attorney's Office Eric Johnson, Planner, Planning & Zoning Division Jeff Livergood, PE, Director of Public Works Laurinda Logan, PE, Senior Engineer Peter Mazzella, Deputy Utility Director Dennis Preite, Engr. Tech./R- W permits Location Request File ',. S:\Engineering\Abandonment Petition by FPU, 30ft rw s. of Old Boyn. Rd. & W. of Winchester Blvd..doc Johnson, Eric From: Sent: To: Cc: Subject: Pawelczyk, Mike Wednesday, December 08, 2004 9:43 AM Kelley, David; Johnson, Eric Swanson, Lynn; Rumpf, Michael Abandonment Petition 05-001 - 2nd Review The City Attorney's Office is in receipt of Dave Kelley's Engineering Division Memorandum 04-198, dated December 1, 2004, and regarding the above matter.. We have reviewed the memorandum. To the extent the assistance of the City Attorney's Office is necessary, please contact me. Michael J. Pawelczyk Assistant City Attorney 1 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 04-198 FROM: Eric Johnson, Planner, Planning & Zoning Division Michael Pawelczyk, City Attorney's Office H. David Kelley, Jr., PEIPSM, City Enginee;....~~ TO: DATE: December 1, 2004 REF: Memo #04-190, dated November 23,2004 SUBJECT: City Abandonment Petition No. 05-001- 2nd Review 30-foot R1W, South of Old Boynton Road and West of Winchester Boulevard Application by Florida Public Utilities Company Subsequent to my previous memorandum noted above, Mr. Michael Wilde of the law firm of Akerman Senterfitt in Orlando, Florida, transmitted a facsimile to this office yesterday, November 30th, containing a copy of the Palm Beach County Board of County Commissioners Resolution No. R-76-802 dated 09/14/76, which vacated a portion of that 30-foot right-of-way, the subject of this memorandum. Basically, that resolution was sought by the Winchesters. The County can abandon right-of-ways via resolution as set forth in F.S. 9336.09(2) and F.S. 9336.10. HOWEVER, the legal description delineated within the original proposed application is recapped in light- brown color cross-hatched per the attached sketch. Again, the proposed abandonment, as presented, is DENIED. In recapitulation, the remnant portion of the 30-foot roadway along the west side of Tract 42 (as noted in said resolution) extends below the property limits of the applicant. The Florida Public Utilities Company (gas company) constructed a new regulator assembly in the east half of the right-of-way (off of their property) approximately two (2) years ago without a permit. In the spring of 2004, the gas company tentatively was to sell their property to DeLux Carwash, apparently knowing at that time that their new regulator assembly was not on their own property, but assumed that being on public property was okay. My previous memorandum discusses what is applicable between the gas company and DeLux Carwash. Again, this remnant right-of-way needs to be abandoned (and this Division strongly supports this action). This would be all of the remaining 30-foot right-of-way lying west of Tract 42, between Old Boynton Road and the Wall-Mart record plat. This is also shown in yellow on the same attached sketch. HOWEVER, as this roadway is still unimproved, it does contain underground utilities (water main) of the City. Other utility companies are also utilizing this right-of-way, the most notable being Florida Power and Light Company. These are located on the west one-half of the existing 30-foot right-of-way. Hence, the included provision for a 15-foot utility easement over the west ~ ofthe existing right-of-way. Department of Public Works, Engineering Division Memo No. 04-198 Re: Abandonment Petition by FPL - 30 ft. RW, South of Old Boynton Rd. & West of Winchester Blvd. December 1, 2004 Page 2 The revised correct legal description for the desirous abandonment description (that shown in yellow along with the light-brown color on the attached sketch) is as follows: "A portion of the 30-foot right-of-way lying west of and adjacent to Tract 42 as shown on the SUBDIVISION of Section 19, Township 45 South, Range 43 East, Palm Beach County, according to the plat thereof recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida, said portion lying South of the right-of-way line of Old Boynton Road (as currently laid out and in use) as recorded in O.R.B. 4276, Page 1105 of the Public Records of Palm Beach County, Florida, and more particularly described as follows: BEGINNING as a point on the west line of said Tract 42, 20 feet south of its original northwest tract comer (said point being on the existing south right-of-way line of said Old Boynton Road), thence run southerly along said west line of Tract 42, a distance of 252.13 feet to a point on the north line of a drainage easement as described in O.R.B. 10939, Page 1451, Public Record of Palm Beach County, Florida, thence run westerly along said north line of said drainage easement a distance of 30 feet to a point on the east line of Tract 45 as shown on aforesaid plat of the SUBDIVISION of Section 19 (said east line being also the east line of Tract 'A' (stormwater easement) of the plat ofWAL*MART AT BOYNTON BEACH, as recorded in Plat Book 94, Pages 140 & 141, of the said Public Records of Palm Beach County, Florida), thence run northerly along the east line of said Tract 45, a distance of 253.67 feet to a point on the said existing south right-of-way line of said Old Boynton Road, thence run easterly along said south right-of-way line a distance of 30 feet to the POINT OF BEGINNING. SUBJECT TO a 15-foot utility easement over the west 15 feet thereof." Again, the east one-half part of this proposed abandonment not adjacent to the gas company parcel will go to the owner of the Sonny's Bar-B-Q property. The west one-half part of this proposed abandonment will become attached to said Tract 'A' (stormwater easement) attached to the WAL*MART record plat; and since this is be held as a utility easement, it will be preserved along the east side of that water retention tract. Again, the plat of the SUBDIVISION of Section 19 was recorded on December 12, 1919, and the plat of W AL * MART AT BOYNTON BEACH was recorded on April 18, 2002. As stated previously, this Division will only support the abandonment of the total remnant 30-foot right- of-way remaining in this area. The applicant will still be the gas company. If you have any questions, please advise me at x6488. HDKJck xc: Jeff Livergood, PE, Dir. ofP.W. Laurinda Logan, PE, Sr. Engr. Mike Rumpf, Dir. of P&Z Div. 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'""fjtl , ~ t~. ~ .... , "....~ ....- .-~.. - Ii J I 1 I I I , I I . . .' ., . 01/10/05 MON 18:52 FAX 561 ~'3 8562 FLA PUBLIC UTILS I4l 001 Fax Cover . , FLORIDA pualC UTI LITI E S 401 South Dixie Hwy. West Palm Beach, Florida 33410 Corporate Headquarters (561) 832-2461 TOI Pat Tucker From: C. Canino Fax: 561-742-6259 Phone: 561..&38-1773 Phone: 561-742-&260 Datel 12/2/04 eel Eric Johnson ". of Pages: 1 Re: Postponement of advertisement for January P&D meeting . For ReView Comments: Dear Mr. Jomson, We would like to address the concerns as provided by the City's Engineering Dept before we proceed with our right of way abandonment application ABAN 05-001. Therefore, at this time we would like to postpone the advertisement of our request for the January Planning and Development Board meeting. We anticipate that we will have their concerns addressed in time for the following meeting in February. Feel free to contact me if you should have any comments or questions. Thank you for your cooperation and assistance in this matter. Regards, Christopher C. Canino Manger of Engineering. Fax Cover FLORIDA pualc UTILITIES 401 South Dixie Hwy. West Palm Beach, Florida 33410 Corporate Headquarters (561) 832-2461 To: Eric Johnson From: C. Canino Fax: 561-742-6259 Phone: 561-838-1773 Phone: 561-742-6260 Date: 12/2/04 Cc: # of Pages: 1 Re: Postponement of RIW abandonment application . For Review Comments: Dear Mr. Johnson, We would like to receive the support and acceptance from the City's Engineering Dept before we proceed with our right of way abandonment application ABAN 05-001. Therefore, at this time we are requesting to postpone our abandonment application until their comments are resolved, which we hope to have completed in time for the January Planning and Development Board Meeting. Feel free to contact me if you should have any comments or questions. Thank you for your cooperation and assistance in this matter. Regards, Christopher C. Canino Manger of Engineering. /"rY2<.'~ C0 \ '} J: 0\ / {.I )_ ", ..' c" '" "i. ~;~,'- ~ ~~... <:,- ~~ /~ Ii 0 r',~ \...J .....~ FACSIMilE , CITY OF BOYNTON . BEACH City ~all, West Wing 100 E. Boynton Beach Blvd. P.O. Box 310 . Boynton Beach, Florida 33425 (561) 742-6260 (561) .742-6259 Fax' from the office of Planning & Zoning TO: ....tJ R, LhK IS f~(JA e(', {! It-tV i ~00 FROM: M(L fF-l& Tv~SD,V FAX: {S6 L) g.;C('- (7foCl NUMBER OF PAGES: (including . cover) y RE: il! 2-"7(0'-/ f:BAt-J tJC;~C6/ (' afl" M (v~)~ rf IX c~~.. TAc~-",jc; . DATE: (/ 1. J:\SHRDATA"'lannlng'l'lannlng Templates~&Z F8X\P & D Blank Fex.dot . If you receive this fax In elTOr, or experience trouble with transmlsslon,.please notify our office immediately, at (661) 742-6260. Thank you. FACSIMilE , CITY OF BOYNTON . BEACH City ,",all, West Wing 100 E. Boynton Beach BlVd. P.O. Box 310 . Boynton Beach, Florida 33425 (561) 742-6260 (561) .742-6259 FaX' rrom the office of Planning & Zoning TO: S' vtlO' tJ FAX: Cfscr - -7ZS'-0~?3 RE: 13 - ",TuJ.~~o,.u lil3v/u~ [ ~>. [((. ae'l~ NUMBER OF PAGES: (including . cover) y FROM: . DATE: MellVLG t>kve' ~llei . c SLPi) 7Lj2 > r;~q? (/ " J:\SHRDATA\Plannlng\Plannlng Templates\P&Z Fax\P & D Blank Fax.dot . If you receive this fax In elTOr, or experience trouble with transmission, .please notify our office immediately, at (661) 742-6280. Thankyou. '. '. '.. DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 04-190 TO: Eric Johnson, Planner Planning & Zoning Division FROM: Michael Pawelczyk City Attorney's Office . H. David Kelley, Jr., PE/PSM;'~/ City Engineer DATE: November 23,2004 SUBJECT: City Abandonment Petition No. OS_OOl_lst Review 30-foot R/W, South of Old Boynton Road and West of Winchester Blvd. Application by Florida Public Utilities Company This memorandum is in response to your Memorandum No. 04-269 on the above noted subject. The legal description delineated within the proposed application is recapped in red cross-hatch per the attached sketch. The proposed abandonment, as presented, is DENIED. In recapitulation, the 30-foot roadway along the west side of Tract 42 is the remnants of an old platted roadway not replatted as part of the Wal-Mart record plat completed in 2000. The Florida Public Utilities Company (gas company) constructed a new regulator assembly in the east half of the right-of-way (off of their property) approximately two (2) years ago without a permit. In the spring of 2004, the gas company tentatively was selling their property to DeLux Carwash, apparently knowing at that time that their new regulator assembly was not on their own property, but assumed that being on public property was okay. Correspondence and discussion with the gas company and this Division in July and August of this year revealed that if they sold the property to DeLux Carwash and then petition the city for any right-of-way abandonment, the DeLux Carwash would receive the adjacent portion of the abandonment proceedings and not the gas company. Subsequently, the gas company apparently has not closed with DeLux Carwash and is now seeking abandonment to cover the existing regulator constructed in the wrong place. If this remnant right-of-way is to be abandoned (and this Division strongly supports this action), the entire remnant needs to be abandoned. To do otherwise would be misguided. This would be all of the 30-foot right-of-way lying west of Tract 42, between Old Boynton Road and the Wal-Mart record plat. This is shown in yellow on the same attached sketch. HOWEVER, as this roadway is still unimproved, it does contain underground utilities (water main) of the City. Other utility companies are also utilizing this right-of-way, the most notable being Florida Power and Light Company. These are located on the west one-half of the existing 30-foot right-of-way. Hence, the included provision for a 15-foot utility easement over the west ~ of the existing right-of-way. Department of Public Works, Engineering Division Memo No. 04-190 Re: Abandonment Petition 05-001 by FPL, 1 st Review November 23, 2004 Page 2 The correct legal description for the desirous abandonment description (that is shown in yellow on the attached sketch) is as follows: "A portion of the 30-foot right-of-way lying west of and adjacent to Tract 42 as shown on the SUBDIVISION of Section 19, Township 45 South, Range 43 East, Palm Beach County, according to the plat there recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida, said portion lying South of the right-of-way line of Old Boynton Road as recorded in O.R.B. 4276, Page 1105 of the Public Records of Palm Beach County, Florida and the record plat line for the driveway access into the plat of WAL*MART AT BOYNTON BEACH, as recorded in Plat Book 94, Pages 140 & 141, of the said Public Records of Palm Beach County, Florida. SUBJECT TO a IS-foot utility easement over the west 15 feet thereof." The east one-half part of this proposed abandonment not adjacent to the gas company lot will go to the owner of the Sonny's Bar-B-Q property. The west one-half part of this proposed abandonment will become attached to 'Tract A" (Stormwater Easement) attached to the W AL*MART record plat; and since this is be held as a utility easement, it will be preserved along the east side of that water retention tract. As requested and for your information, the plat of the SUBDIVISION of Section 19 was recorded on December 12, 1919, and the plat of WAL*MART AT BOYNTON BEACH was recorded on April 18, 2002. This Division will only support the abandonment of the total 30-foot right-of-way remaining in this area. The applicant will still be the gas company. 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. of P&Z Div. Peter Mazzella, Deputy Utility Director File S:\Engineering\Kribs\Abandonment Petition 05-001 by FPL, 30 ft r-w, S. of01d Boyn.& W. of Winchester. doc