APPLICATION
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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
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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
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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 , . .:\
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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