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APPLICATION ~.'.."Y 0.,.... en . ...J.. m :r o ..' c j. Y 'l.. . . v f()N \.~ DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 07-070 FROM: Michael Rumpf, Director Planning & Zoning Division Department of Development . /f, H. David Kelley, Jr., PE/PSM '0" Assistant Director of Public Works/ City Engineer/City Surveyor & Mapper TO: DATE: June 12, 2007 SUBJECT: Proposed Property Abandonment 13.S-foot Strip of Land between NE th Avenue & NE Sth Avenue I have been asked by the Director of Public Works to prepare the application and legal description for the abandonment of the strip of land noted above since it is not "improved" for vehicle access. However, it is currently utilized by several franchised utility companies to service those residences located adjacent to it. On behalf of the City and this Department, we submit two (2) copies of the "Application to AbandonNacate" of said property. The "property" is in effect an "alley", but is not is use as as alley. The following support data is attached: 1. A complete and accurate legal description of the specific property to be vacated, including a summary map and an aerial map reflecting its location. 2. The "title" or interest of the City is that this is the remainder of land(s) not included in the creation of the adjacent lots (for development). [It appears that an 'alley' was intended to be created, but the two (2) adjacent record plats did not see the strip of land in the same way. This area is similar (but different) than the "alley" that was abandoned between NE 8th avenue and NE 9th Avenue about one year ago.] 3. No similar application (pertaining to this application) has been filed with the City within the past six (6) months. 4. The above'described property interest in under the control and jurisdiction of the City Commission of the City of Boynton Beach, Florida; is not part of any state or federal highway system and was not acquired or dedicated for state or federal highway purposes. 5. The attached listing constitutes a complete and accurate schedule of all owners of land bounding and abutting the property interest described above. This list covers all owners within a 400-foot distance of the described strip of land. The affidavit to the City Clerk is attached. . Dept. of Public Works, Engineerin~ Division Memo No. 07-070 June 12, 2007 Page 2 6. The list is as noted above, the envelopes will be forwarded when compiled. 7. All utility companies have been notified; only Comcast Cable has not responded although letters have been sent twice (3/20/07 & 5/07/07). Copies of the responses are attached. 8. For a survey, refer to the recorded record plats; see Exhibit "A" and related aerial (attached) for location map. 9. The record plat(s) reflect that this area (on each record plat) was not connected to any individual lot, but left open as a public area. 10. Ground and reason to support this abandonment application is so noted on the application: 11. Two (2) signs shall be generated and will be located at both the east and west ends of the strip of land, which abut a public right-of-way. These will be placed a minimum of ten (10) days prior to any hearing We request that this abandonment application move forward as soon as practical. If you have any questions as to the logical approach of this issue or what the Engineering Division is agreeing to accomplish on behalf of the City, please advise me. Your effort on this matter will be appreciated. xc: Jeffrey Livergood, PE, Director of Public Works Ed Breese, Principal Planner, P & Z Division File . City Codes Accessed Via Website www.bovnton-beach.orQ www.amleqal.com/bovnton beach fI Has applicant attended a pre-application meeting? , Date: CITY OF BOYNTON BEACH APPLICATION TO ABANDON/VACATE 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) copies of application are required.) PROJECT NAME: Proposed Abandonment 13.8' "Alley" Property AGENT'S NAME: City of Boynton Beach - Department of Public Works - Jeffrey Livergood AGENT'S ADDRESS: 100 E Boynton Beach Blvd. Boynton Beach, FL 33435 AGENT'S PHONE: (561) 742-6201 AGENT'S FAX: (561) 742-6285 OWNER'S NAME: (or Trustee's) OWNER'S ADDRESS: City of Boynton Beach 100 E Boynton Beach Blvd Boynton Beach, FL 33435 OWNER'S PHONE: (561) 742-6201 OWNER'S FAX: (561) 742-6285 PROJECT LOCATION: OR PCN NUMBER "Alley" property between N.E. 7th Ave & N.E. 8th Ave, West of N.E. 7th Ave, bounded (not legal description) on the West by the East RjW of a 20 foot Alley CORRESPONDENCE ADDRESS:* (if different than agent or owner) NjA · This is the address to which all agendas, letters and other materials will be forwarded. 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): .,I ) I \ALLEi! (PR,;pe ~n1 ) ) STREET ) SPECIAL PURPOSE EASEMENT ) OTHER NON-FEE INTEREST OF THE CITY as described in attached Exhibit "A", and to renounce and disclaim any right ofthe 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 ofthe 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 her~by certify: 1. 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. 2. 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): ( ( ( .,I ) DEED \ ) DEDICATION {v'I~ tJCN - i>\Alftt>t"P'Cf.zR-h-t ) ) PRESCRIPTION Recorded in Record Plats (Book 11, Page 71) & Book 11 Beach County, Florida. , Page 40 , and Public Records of Palm 3. 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. 4. 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. 5. That the following constitutes a complete and accurate schedule of all owners and occupants bounding and abutting the property interest described above. 6. The list of mimes and addresses of the owners and occupants of abutting real property, addressed envelopes and 1st class postage (stamps or pay for required postage). NAME ADDRESS SEE ATTACHED UST . 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) Obtain a survey of the street (or easement). j e.~ eJ(h. bd- .. A" GVlA 1Le. Ie, ~c!'A Cla.Rlc, L 8. 9. Obtain a title opinion (ownership and encumbrance report) from a title company. 10. That the following grounds and reasons are submitted in support of this application: City Staff is unable to identify any public purpose to maintain this alley right of way. Continued City ownership suggests continued future responsibility and associated liability. Staff believes this area will best serve adjacent resisdents by providing additional private property plus add tax base to the City. The City should maintain the utility easement. DATED: .J:l'\;~ . '7 ( ;(00' 7 APPLlCANT(S) NAME (PLEASE SIGN) ADDRESS 100 E. Boynton Beach Blvd, Boynton Beach, FL 33435 JkC STATE OF FLORIDA COUNTY OF PALM BEACH The abov~Jl{lmed applicant(s) being first duly sworn by me the day and year above indicated, deposed and stated that ----LDe/_ aJ:QIis the applicant(s) in the foregoing Application to AbandonNacate; that they have read the same and that the facts erein set forth are tru "nd correct to the best of their knowledge. 0UN't e; ~oJv / ~: GLENN J. WEIXLER ""~ MY COMMISSION # 00561883 ~""~ EXPIRES: June 08.2010 1-800.3-NOTARY Fl. NOIaly DisCOllIlI As.oc. Co. My Commission xpires: Updated 10/15/01 . I=PL Florida Power & light Company, 21400 Powerline Road, Boca Raton, Fl33433 D ti\~'4 \0 ,t((, i ENGINEERING May 8, 2007 City of Boynton Beach Attn: Mr. Kelly, Jf., PE/PSM City Engineer P.O. Box 310 Boynton Beach, Florida 33425-0310 Re: Proposed "Alley" Abandonment between NE 7th and NE 8th Avenues Located East of Federal Highway to NE 7th Street Dear Mr. Kelly: The area you are requesting for abandoning as stated in your letter dated May 7, 2007 has been reviewed as requested. Please be advised that FPL does object to the above abandonment. FPL has existing overhead facilities that run the length ofthe Alley :from Federal Highway to NE 7th Street. These existing overhead facilities provide service to those customers that back up to the Alley If you have any questions, please don't hesitate to call me at (561) 479-4511. Sincerely, ~_ 'I:) LJ } 1- a-- \C..- - ,J.../';;:::;:- John R. Van Vleet Senior System Project Manager an FPl Group company ~ @) BELLSOUTH BellSouth Telecommunications, Inc. Engineering Department 2021 So. Military Trail West Palm Beach, FL 33415 Office: 561-439-9118 Fax: 561-964-3499 April 2, 2007 '*' Mr. H. David Kelley, Jr. City Engineer Public Works Department P.O. Box 310 Boynton Beach, Florida 33425-0310 l APR ! 2 20UI Re: Proposed Alley Abandonment between NE Seventh & Eighth Avenues, East of Federal Highway, Boynton Beach, Florida Dear Mr. Kelley: BellSouth Telecommunications, Inc. has reviewed the above-referenced abandonment request and has existing aerial cable and poles along the alley. BellSouth will require an easement to maintain the existing cables. Please contact my office if you require additional information concerning this matter. QIl f~ Robert Lowen Project Manager Cc: Steve Buck Attachment A FLORIDA pualC UTILITIES . I -, ,,' \ ~,i 11\1 I, ." 'I' \\U"\i t L.~ LU,,)' ENGINEERING FPUC Ref.: #002 May 9,2007 H David Kelley City of Boynton Beach Public Works Department PO Box 310 Boynton Beach, FL 33425 RE: Petition toabandon/vacate an alley between NE ih & 8th Ave located east of Federal Hwy, Boynton Beach, FL Dear H David Kelley: Please be advised that Florida Public Utilities Company has no objection to the abandonment of the existing or easements or right-of-ways 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 561-838-1771. Sincerely, ? Mef~ Patty McLeod Engineering Technician PO BOX 3395 .. West Palm Beach, Florida 33402- 3395.. Phone: 561.832.0872 .. Web: W'vV\^I.fpuc.com The City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 PUBLIC WORKS DEPARTMENT FAX: (561) 742-6985 www.boynton-beach.org OFFICE OF THE CITY ENGINEER May 7,2007 Florida Power & Light Company Mr. John VanVleet 21400 Powerline Road Boca Raton, FL 33433 Ref: Our first letter of 3/20/07 Re: Proposed "Alley" Property Abandonment Between NE ih and NE 8th Avenues Located East of Federal Highway to NE 7th Street Dear Mr. Van Vleet: At the request of area residents, the City is proposing to abandon a strip of land known as the "alley" located to the north ofNE 7th Avenue and south ofNE 8th Avenue, from the 20-foot alley parallel with Federal Highway to NE 7th Street. Attached is a copy of the legal description, an aerial map and an exhibit showing this location. In our previous letter, we asked you to notify the undersign if you have any utility facilities located in this strip ofland and what they are, or if you have no objection to the proposed abandonment. We have not received any response from you at this time. Therefore, if we do not hear from you by May 31 S\ we will assume that you have no interest in this "alley", and we will abandon it accordingly. Again, if you have any questions regarding this matter, please advise this office immediately. Sinc~r~ly, .. . : " l /<<c;V'lt1t~h H. David Kelley, Jr., PEfPlSM City Engineer I \.~___ . HDK:aq xc: Jeffrey Livergood, PE, Dir./P.W. Ed Breese, Principal Planner, P&Z Div. File AMERICA '8 GATEfVA Y TO THE GULF8TRE.4M The City of Boynton Beach Po. Box 310 Boynton Beach, Florida 33425-0310 PUBLIC WORKS DEPARTMENT FAX: (561) 742-6285 www.boynton-beach.org OFFICE OF THE CITY ENGINEER March 20, 2007 Florida Power & Light Company Mr. John Van Vleet 21400 Powerline Road Boca Raton, FL 33433 Re: Proposed "Alley" Property Abandonment Between NE 7th and NE 8th Avenues Located East of Federal Highway to NE 7th Street Dear Mr. Van Vleet, At the request of area residents, the City is proposing to abandon a strip of land known as the "alley" located to the north of NE 7th Avenue and south of NE 8th Avenue, from the 20-foot alley parallel with Federal Highway to NE 7th Street. Attached is a copy of the legal description, an aerial map and an exhibit showing this location. It is requested that you notify the undersigned if you have any utility facilities located in this strip of land and what they are, or if you have no objection to the proposed abandonment. We request your response as soon as possible. If you have any questions regarding this matter, please advise this office. Sincerely, H. David Kelley, Jr., PE/PSM City Engineer HDK:aq xc: Jeffrey Livergood, PE, Dir./P.W. Ed Breese, Principal Planner, P&Z Div. File kMERICA'S GATEWA Y TO THE GULFSTREAlIf The City of Bo1fhton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 PUBLIC WORKS DEPARTMENT FAX: (561) 742-6985 www.boynton-beach.org OFFICE OF THE CITY ENGINEER May 7, 2007 Comcast Cable Ms. J eanine McEnroe 3020 High Ridge Road Boynton Beach, FL 33426 Ref: Our first letter of 3120/07 Re: Proposed "Alley" Property Abandonment Between NE 7th and NE 8th Avenues Located East of Federal Highway to NE ih Street Dear Ms. McEnroe: At the request of area residents, the City is proposing to abandon a strip of land known as the "alley" located to the north ofNE 7th Avenue and south ofNE 8th Avenue, from the 20-foot alley parallel with Federal Highway to NE ih Street. Attached is a copy of the legal description, an aerial map and an exhibit showing this location. In our previous letter, we asked you to notify the undersign if you have any utility facilities located in this strip ofland and what they are, or if you have no objection to the proposed abandonment. We have not received any response from you at this time. Therefore, if we do not hear from you by May 31 st, we will assume that you have no interest in this "alley", and we will abandon it accordingly. Again, if you have any questions regarding this matter, please advise this office immediately. Sinc.er~~y~_ ..;<;~7 , . .:\ /;..1' \ j..- /~, ,;'-", ty' l'-4"";/ L. . ,'v"-'~"::J H. David Kelley, Jr.!. E1P'...M City Engineer . I '-' HDK:aq xc: Jeffrey Livergood, PE, Dir./P.W. Ed Breese, Principal Planner, P&Z Div. File AMERICA '8 GATEWA Y TO THE GULF'8TREAl\.f 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 OFFICE OF THE CITY ENGINEER March 20, 2007 Adelphia Cable Communications Ms. Jeanine McEnroe 3020 High Ridge Road Boynton Beach, FL 33426 Re: Proposed UAlley" Property Abandonment Between NE 7th and NE 8th Avenues Located East of Federal Highway to NE 7th Street Dear Ms. McEnroe, At the request of area residents, the City is proposing to abandon a strip of land known as the Ualley" located to the north of NE 7th Avenue and south of NE 8th Avenue, from the 20-foot alley parallel with Federal Highway to NE 7th Street. Attached is a copy of the legal description, an aerial map and an exhibit showing this location. It is requested that you notify the undersigned if you have any utility facilities located in this strip of land and what they are, or if you have no objection to the proposed abandonment. We request your response as soon as possible. If you have any questions regarding this matter, please advise this office. Sincerely, H. David Kelley, Jr., PE/PSM City Engineer HDK:aq xc: Jeffrey Livergood, PE, Dir./P.W. Ed Breese, Principal Planner, P&Z Div. File AJI,IERICA '8 GATEWA Y TO THE GULF8TREAJI,I "ALLEY" PROPERTY ABANDONMENT LEGAL DESCRIPTION That 7.5-foot strip ofland a shown on the north side of Lots 1 and 3 through 22, in Block 1, according to the plat of BOYNTON PLACE, as recorded in Plat Book 11, Page 40, Public Records of Palm Beach County, Florida. AND That 6.3-foot strip ofland as shown on the south side of Lots 3 through 22, in Block 5, according to the Plat of LAKE ADDITION to Boynton Florida, as recorded in Plat Book 11, Page 71, Public Records of Palm Beach County, Florida. SUBJECT to said property being designated as a utility easement for those franchised utility services operating within this strip of land. NOTE: The property abandonment shall be divided according to the common plat line that created each "half' of the property. "ALLEY" PROPERTY ABANDONMENT LEGAL DESCRIPTION That 7.5-foot strip of land a shown on the north side of Lots 1 and 3 through 22, in Block 1, according to the plat of BOYNTON PLACE, as recorded in Plat Book 11, Page 40, Public Records of Palm Beach County, Florida. AND That 6.3-foot strip ofland as shown on the south side of Lots 3 through 22, in Block 5, according to the Plat of LAKE ADDITION to Boynton Florida, as recorded in Plat Book 11, Page 71, Public Records of Palm Beach County, Florida. SUBJECT to said property being designated as a utility easement for those franchised utility services operating within this strip of land. NOTE: The property abandonment shall be divided according to the common plat line that created each "half' of the property. PROJECT NAME: NE 7''t Avenue & NE 8th A venue , LOCATION: PCN: I FILE NO.: ABAN 07-003 II TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER: City of Boynton Beach H. David Kelley, Jr. Assistant Director of ADDRESS: Public Works FAX: ADDRESS: PHONE: FAX: PHONE: SUBMITTAL / RESUBMITT AL 6/12/07 1 ST REVIEW COMMENTS DUE: PUBLIC NOTICE/ SIGNS 30 days / 10 days IPARC: TART MEETING: LEGAL AD PLANNING & DEVELOPMENT BOARD MEETING: COMMUNITY REDEVELOPMENT 8/14/07 AGENCY BOARD CITY COMMISSION MEETING: 9/4/07 COMMENTS: S"\Planning\SHARED\WP\PROJECTS\NE 7th Ave & NE 8th Ave ABAN\2007 PROJECT TRACKlNG INFO.doc