LEGAL APPROVAL
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVlSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
November 21, 2007
Mr. Jeff Tom berg
4th Street LLC
626 SE 4th Street
Boynton Beach, FL 33435
Re:
For:
File No.
Location:
Railroad Avenue
Abandonment
ABAN 07-005
East of the F.E.C. Railroad between SE 2nd Avenue and SE 4th Avenue
(adjacent to 399-417 SE 4th Street)
Dear Mr. Tomberg:
Enclosed is the City of Boynton Beach Development Order for application item ABAN 07-005, which
represents approval of a request for abandonment of a portion of Railroad Avenue right-of-way,
approximately thirty (30) feet wide by four hundred eighty-four (484) feet long. The City Commission
approved this abandonment on October 16, 2007.
Please note the Conditions of Approval, for any requirement in connection with subsequent
development of the property.
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 742-6260.
Sincerely, ........,
he/'0
Michael W. Rumpf
Director of Planning & Zoning
MWR:jdc
Enclosure: Development Order wjConditions of Approval
S:\Planning\SHARED\WP\PROJECTS\SE 4th Street & RR ABAN\ABAN 07-005 RR Ave\Approval Letter.doc
1,'
DEVELOPMFNT ORDER OF THE CITY COMMI ION OF THE
fY OF BOYNTON BEACH, FLORIlJA
Dovelopmol1t
P&Z
Building
Engineering
Occ. License
Deputy City Clorlt
Railroad Avenue Abandonment (ABAN 07-005)
Mr. Jeff Tomberg for 4th Street LLC
626 SE 4th Street, Boynton Beach, FL 33435
PROJECT NAME:
APPLICANT'S AGENT:
IIJV I t 2nor
AGENT'S ADDRESS:
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 16, 2007
TYPE OF RELIEF SOUGHT: Request to abandon a segment of the 30-foot right-of-way of Railroad
Avenue
LOCATION OF PROPERTY: West of SE 4th Street, between SE 2nd Avenue and SE 4th Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
DATED:
1.
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2.
The Applic9f1t
~HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4.
The App~nt's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7.
Other:
10 - 1ft:, - 07
<tr;. A
City Clerk
.
S:\Planning\SHARED\WP\PROJECTS\SE 4th Str
"
''''''
Extrlbit "A" - Location Map
ABAN 07-004, ABAN 07-005
40 20 0
,....... -
40
80 120 160
I Feet
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Joseph M. Tucker, P.LS.
.EXHIBIT "B"
BOUNDARY SURVEYS
MORTGAGE SURVEYS
CONSTRUCTION LAYOUT
219 S.E. 23rd AVENUE .' P.O. BOX 759 - BOYNTON BEACH, FLORIDA 33435
BOYNTON BEACH Phone (561) 737-6546 . Fax (561) 734:7546
PORTION OF RAILROAD A VENUE
AND S.E. 4 TH. A VENUE
TO BE ABANDONED
A PORTION OF RAILROAD AVENUE, AS RECORDED BY PENCE SUBDIVISION NO.1, IN PLAT BOOK 33, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF S.E. 4 TH. AVENUE, AS RECORDED
BY THE PLAT SUNSET COURT, IN PLAT BOOK 11, PAGE 33, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
SAID LANDS TO BE ABANDONED ARE DESCRIBED AS FOLLOWS;
THAT PORTION OF RAILROAD AVENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF
LOT 6, BLOCK "B", (EXTENDED WESTERL Y);BOUNDED ONTHENORTHBYTHENORTHLINEOFLOT 3,BLOCK "B",
(EXTENDED WESTERLY); BOUNDED ON TF...E EAST BY THE \\'EST Ln~'E OF LOTS 3,4, 5, ANTI 6, BLOCK "B",
BOUNDED ON THE WEST BY THE EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD RIGHT OF
WAY, ALL AS SHOWN BY THE PLAT OF PENCE SUBDIVISION NO. I;AS RECORDED IN PLAT BOOK 1, PAGE 33, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
AND
THAT PORTION OF RAILROAD A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF
LOT 6, (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY THE NORTH LINE OF LOT 5, (EXTENDED
WESTERLY); BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 5, AND 6, BOUNDED ON THE WEST BY THE
EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY, ALL AS SHOWN BY THE
PLAT OF SUNSET COURT; AS RECORDED IN PLAT BOOK 11, PAGE 29, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
AND
THAT PORTION OF S.E. 4 TH. A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE NORTH LINE OF
LOT 6 AND 7; BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOT 4 AND 5; BOUNDED ON THE EAST BY THE
EAST LINE OF LOTS 4, AND 7, (EXTENDED); BOUNDED ON THE WEST BY THE EAST RIGHT OF,WA,Y LINE OF
RAILROAD A VENUE, ALL AS SHOWN BY THE PLAT OF SUNSET COURT; AS RECORDED IN PLA TBOOK 11, PAGE
29, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
I HEREBY CERTIFY THAT THE DESCRIPTION AND THE ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN i
ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER61G176,FLORIDAAPMINIS'IRA.TIVE CODE, SET FORTH ,
BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO SECTION 472;027, FLORIDA!
STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS THE '
SIGNATURE AND THE ORIG~AL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING,
SKETCH, P AT OR MAP IS FOR INFORMATION PURPOSES O~ Y AND IS NOT VALID
U
:5~~el- / of' 'Z
LB 2102 '
Joe Tucker
. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTIONS
OF TIIE DESCRlPTION SHOWN HEREON, THERE HAS BEEN NO FIELD WORK
VIEWING OF TIlE SUBJECT PROPERTY, ORMONU1vlENTS SET rn CONNECTION. .
wrrn TIlE PREPARATION OF THIS INFORl'vfA.TION SHOWN HEREON.
NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED BY lliE SURVEYOR
FOR RIGHTS OF WAYS, EASEMENTS OR RESERVATIONS OF RECORD
Phone:
'''Boca (581) 391-4388
Boynlon(581) 737-6546
FAX (581) 734-7546
JOSEPH M. TUCKER, P.LS.
219 S.E. 23It1 Ave. . P.O. Box 759
Boynton Beach, FL 33435
EXHIBIT "C"
Conditions of Approval
Project Name: Abandonment ofa segment of the 30-foot right-of-way of Railroad Avenue
File Number: ABAN 07-005
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
1. The abandonment of this 30-foot unimproved right-of-way (Railroad X
Avenue) shall be so designated on a required new boundary plat prior to the
issuance of a Land Development permit for future development of the
property.
2. As required after site plan approval, the proposed new development shall X
generate and submit a boundary record plat (as a minimum) to reflect the
area contained therein, the easements for utilities and storm drainage
systems, the abandonment(s) of right-of-ways (after action by the City
Commission via ordinances), L.A.E. 's, access location(s), etc.
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
PLANNING AND ZONING
Comments: None X
PUBLIC UTILITY PROVIDERS
Comments:
3. Should there be any relocation or adjustments of Bellsouth's facilities X
associated with this project, those costs would be the responsibility of the
property owner.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. ~
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