LEGAL APPROVAL
The City of BoyntOn Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
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 19, 2007
Mr. Jeff Tomberg
4th Street LLC
626 SE 4th Street
Boynton Beach, FL 33435
Re:
For:
File No.
Location:
SE 4th Avenue
Abandonment
ABAN 07-004
Between Railroad Avenue and SE 4th Street (adjacent to 416-417 SE 4th Ave.)
Dear Mr. Tomberg:
Enclosed is the City of Boynton Beach Development Order for application item ABAN 07-004, which
represents approval of a request for abandonment of the west one-half of SE 4th Avenue right-of-way
located east of Railroad Avenue, approximately twenty (20) feet wide by one hundred and twenty-two
(122) feet long. The City Commission approved this abandonment on October 16, 2007.
Please note the Conditions of Approval, including the possible requirement for the
dedication of an easement.
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 742-6260.
ice2!&
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 07-004 SE 4th Ave\Approval Letter.doc
.
DEVELOPMp"T ORDER OF THE CITY COMMIS~'ON OF THE
C. _ ( OF BOYNTON BEACH, FLORIL. .
I Devolopment
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
PROJECT NAME:
SE 4th Avenue Abandonment (ABAN 07-004)
APPLICANT'S AGENT:
Mr. Jeff Tomberg for 4th Street LLC
626 SE 4th Street, Boynton Beach, FL 33435
MOV r rj[ I!
AGENT'S ADDRESS:
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 16, 2007
TYPE OF RELIEF SOUGHT: Request to abandon a segment of the 20-foot right-of-way of SE 4th
Avenue
LOCATION OF PROPERTY: West of Railroad Avenue and East of SE 4th Street
DRAWING(S): SEE EXHIBIT "8" 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:
1. Application for the relief sought vIas made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
V'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 Applicant's application for relief is hereby
V"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:
DATED:
(O-/(p - 07
p~
S:\Planning\SHARED\WP\PROJECTS\SE 4th S
Exb="it "A" - Location "Gap
ABAN 07-004, ABAN 07-005
40 20 0
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40
80 120 1 60
I Feet
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J038ph M. Tucker, I=l.LS.
EXHIBIT "B"
BOUNO"RY SURVEYS
MORTG"GE 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 A VENUE, 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;
THA T PORTION OF RAILROAD A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF
LOT 6, BLOCK "B", (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY THE NORTH LINE OFLOT 3, BLOCK "B",
(EXTENDED WESTERLY); BOUNDED ON TF..E EAST BY THE WEST LTh.TE OF LOTS 3, 4, 5, AI'i'D 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.1; 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
WESTERL Y); 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 R..A.ILROAD RIGHT OF WAY, ALL AS SHOVv'N BY THE
PLA T 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 ,WAY 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 mAT THE DESCRIPTION AND THE ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN
ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER61G176,FLORIDAAI?MINISTRATIVE CODE, SEYFORTH
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 BBARS THE i
SIGNATIJRE AND THE ORIGINAL 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
BY' ~ ~':~
,
J0Sl?1'H . TUCKEY-DAlE I os; 67
IROOISTERED LAND SURVEYO NO. 3285
STATE OF FLORIDA
:5. ~ef / of' 2
LB 2102 .
. NOTE: THLS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTIONS
OF THE DESCRIPTION SHOWN HEREON, TEERE HAS BEEN NO FIELD WORK
VIEWING OF TIlE SUBJECT PROPERTY, OR MONm.1ENTS SET IN CONNECTION. ,
wrrn TIlE PREPARATION OF TIllS INFORMA.TION SHOWN HEREON.
Joe Tucker
NOTE: LANDS SHOWN HEREON WERE NOT ABS'IRACTED BY THE SURVEYOR
FOR RIGHTS OF WAYS, EASEJ:v1ENTS OR RESERVATIONS OF RECORD
Phone:
"'Boca (561) 391-4388
BC1y'Tltcn (561) 737-65Mi
FAX {561j734-7546
JOSEPH M. TUCKER, P.L.S.
219 S.E.23rd Ave.. P.O. Box 759
Boynton Beach, FL 33435
EXHIBIT "e"
Conditions of Approval
Project Name: Abandonment of a segment of the 20-foot right-of-way of SE 4th A venue
File Number: ABAN 07-004
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None 'V
A
UTILITIES
Comments: None X
POLICE
Comments: None X
,
ENGINEERING DIVISION
Comments:
1. All existing city utilities (water and wastewater conduits) must be relocated X
if it is the intent to continue their functional purposes in S .E. 4th A venue, or
abandoned (and agreed to by the Utilities Department).
2. All utility services within this project shall be relocated at the applicant's X
cost. This is reflected in the projected right-of-way for conceptual S.E. 3rd
A venue which has electrical service.
3. The abandonment of this 20-foot street right-of-way (S.E. 4th Avenue) shall X
be so designated on a required new boundary plat prior to the issuance of a
Land Development permit for future development of the property.
4. 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
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
PUBLIC UTILITY PROVIDERS
Comments:
5. There shall be two (2) four-inch (4") Schedule-40 PVC conduits required to X
be installed along the northernmost ten-feet (10') of the current right-of-way
of Southeast 4th Avenue, between Southeast 4th Street and westerly to the
Florida East Coast Railroad right-of-way.
6. The above-mentioned ten-feet (10') shall be recorded and delivered to X
Bellsouth Telecommunications, Inc. as a utility easement.
7. 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:
8. Remove burned structure on adjacent property within 90 days from the date X
of eRA action.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. ~
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