AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
D August 21,2007 August 6, 2007 (Noon.) [g] October 1 6, 2007 October I, 2007 (Noon
D September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October IS, 2007 (Noon)
D September 18, 2007 September 3, 2007 (Noon) D November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17,2007 (Noon) D December 4, 2007 November 19,2007 (Noon)
0 AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda [g] Legal
0 Code Compliance & Legal Settlements D Unfinished Business
[g] Public Hearing 0
RECOMMENDATION: Please place this request on the October 16,2007 City Commission Agenda under
Public Hearing and Legal, Ordinance - Second Reading. The City Commission on October 2, 2007, approved this request
under Public Hearing and Legal, Ordinance - First Reading. It should be noted that the condition regarding land clearing has
been met, as the burned structure has been removed by the applicant. For further details pertaining to this request, see
attached Department Memorandum No. 07-085.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
SE 4tll Avenue (ABAN 07-004)
Jeff Tomberg
4th Street LLC
Between Railroad Avenue and SE 41h Street (adjacent to 416-417 SE 4d1 Avenue)
Request for abandonment of the west one-half of SE 4tll A venue right-of-way located
east of Railroad Avenue, approximately 20 feet wide by 122 feet long.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
City Manager's Signature
tor
Assistant to City Manager
ZuJ'7~~
Planning and 20' rrector CIty Attorney / Fmance
S:\PlanningISHARED\ WP\PROJECTSISE 4th Street & RR ABAN\ABAN 07-004 SE 4th Ave\Agenda Item Request SE 4th Ave ABAN 07-004 10-16-
07.doc
S :\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-085
TO:
FROM:
Chair and Members
Community Redev:lo/P~~ Agency Board
Michael W. Rumpf ~
Planning and Zoning Director
Kathleen Zeitler t~
Planner
THRU:
DATE:
September 4, 2007
Abandonment of a segment of SE 4th Avenue
(adjacent to 416-417 SE 4th Avenue)
ABAN 07-004
SUBJECT:
NATURE OF REOUEST
Mr. Jeff Tom berg, agent for 4th Street LLC, is requesting to abandon a portion of an improved 20-foot right-of-way
(SE 4th Avenue), located between SE 4th Street and Railroad Avenue. The applicant has assembled several parcels
in the area and is considering future development of a residential project. The portion of right-of-way to be
abandoned is situated adjacent to two (2) parcels of land located on the west half of SE 4th Avenue, east of Railroad
Avenue. The platted right-of-way subject to this specific request is 20 feet wide and approximately 122 feet long.
It is described as follows:
That portion of SE 4th Avenue 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 Avenue, 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; said
described property consisting of approximately 2,448 square feet or 0.06 acre.
The subject portion of the 20 foot wide right-of-way was originally platted as Sunset Way and lies within the
boundaries of the Sunset Court Plat. The approved plat was recorded in Plat Book 11, Page 29 on February 25,
1925. The plat contains a reversionary clause in the dedication, which states "does hereby dedicate to the
perpetual use of the public as public highways, the streets, avenues, boulevards, and alleys as shown hereon,
reserving however unto itself, its successors and legal representative, the reversions or reversion of same,
whenever abandoned by the public or discontinued by law". The City makes no representation regarding the
impact of the reversionary language on title to the adjacent properties.
Re-development or expansion of the adjacent property following abandonment requires the property owner to
establish proof of clear title as a condition of re-development or expansion. The applicants have submitted a copy
of a title opinion (ownership and encumbrance report) for the subject property stating that the property adjacent to
the portion of SE 4th Avenue to be abandoned is owned by the applicant and that the properties are currently free
and clear, and such abandonment of the property under public domain will not prevent other property owners from
access to and from their prope.rty, and no other property owners will be adversely affected by the abandonment.
Attached as Exhibit "A" is a location map that shows the general vicinity of the right-of-way to be abandoned, and
Exhibit "B", the legal description of the area to be abandoned. The following is a description of the land uses and
zoning districts of all properties that surround the SE 4th Avenue right-of-way:
Page 2
Memorandum No. PZ 07-085
ABAN 07-004
North -
417 SE 4th Avenue (combined Lots 4 and 5, Sunset Court) consisting of a vacant commercial
parcel zoned Community Commercial (C-3);
416 SE 4th Avenue (combined Lots 6 and 7, Sunset Court) consisting of an occupied single-
family residence zoned Community Commercial (C-3);
The eastern one-half of SE 4th Avenue right-of-way, and adjacent occupied single-family
residences (419 and 421 SE 4th Avenue) zoned Community Commercial (C-3); and,
South -
East
West -
Right-of-way (unimproved) for Railroad Avenue, and farther west the Florida East Coast
Railroad right-of-way.
BACKGROUND
The subject abandonment request is for the western segment of the 20-foot improved SE 4th Avenue right-of-way
that extends a distance of approximately 122 feet in the area between Railroad Avenue and SE 4th Street. The
applicant is also requesting simultaneous abandonment of a segment of Railroad Avenue (see staff report for ABAN
07-005). Other nearby portions of Railroad Avenue were previously abandoned in October of 1994 (Resolution 94-
171) and July of 2005, (Ordinance 05-030).
ANALYSIS
When a right-of-way, such as SE 4th Avenue, is abandoned, the ownership of the abandoned land is transferred
from the City of Boynton Beach to the abutting property owner(s). Typically, two (2) properties would be affected
by an abandonment request. One-half of the right-of-way is conveyed to one (1) abutting property owner and the
other half is conveyed to the other abutting property owner. The applicant requesting this abandonment is the
owner of all of the affected properties to the north and south of the segment to be abandoned. Adequate public
notice was given to all affected property owners in accordance with Chapter 22, Article III, Section 4 of the Land
Development Regulations. All public utility companies have been notified and the abandonment request has been
advertised in the local newspaper.
A summary of the responses from the utility companies and city staff is noted as follows:
CITY DEPARTMENTS/DIVISIONS
Engineering
Public Works I Utilities
Planning and Zoning
Approval with conditions (see Exhibit "C"'- Conditions of Approval)
No objection
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
BellSouth
Florida Public Utilities Co.
Cable (Adelphia/Comcast)
No objection
Approval with conditions (see Exhibit "c" - Conditions of Approval)
No objection
No objection
Excluding Bel/South, all public utility providers have indicated that they have no objection to the applicant's request
, for abandonment. Both the Engineering Division and Bellsouth are requiring conditions of approval which must be
satisfied prior to future development of the applicant's property. Both the Engineering Division and Bel/south would
Page 3
Memorandum No. PZ 07-085
ABAN 07-004
have no objection to the proposed abandonment upon compliance with their specific conditions of approval which
include relocation, at the applicant's expense, of existing utilities currently located within the right-of-way to be
abandoned, and the establishment of a 10 foot utility easement for Bellsouth.
It must be noted that city utility lines are currently located within the segment of the subject right-of-way to be
abandoned. Therefore, Engineering Division comments require that the existing utilities within the right-of-way be
relocated subject to approval by the Utilities Department and at the applicant's expense. Existing utilities in the
eastern segment of SE 4th Avenue will remain in place to serve adjacent properties. Lastly, the subject right-of-way
terminates to the west of developed property preventing future extension of this right-of-way. There are also no
isolated parcels adjacent to the subject right-of-way which would rely solely upon this street for access.
RECOMMENDATION
Staff has determined that the western segment of SE 4th Avenue right-of-way to be abandoned would no longer
serve a public purpose under the current plan for land assemblage and alternative access to the adjacent parcels.
The proposed abandonment would not adversely affect any neighboring properties along SE 4th Avenue regarding
continuation of their utility services and access to their property. Therefore, based on the above findings, staff is
recommending approval of the request to abandon the portion of the 20-foot improved roadway as described
above, subject to the comments included in Exhibit "c" - Conditions of Approval. Any additional conditions
recommended by the Community Redevelopment Agency Board or City Commission will be placed in Exhibit "c" _
Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\SE 4th Avenue ABAN\ABAN 07-004 SE 4th Ave\Staff Report.doc
Ex~ibit "A" - Location 4Jlap
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ABAN 07-004, .ABAN 07-005
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Jo..ph M. "Tucker. P.L..S.
EXJ-UBIT "B"
BOUNDARY SURVEYS
MORTGAGE SURVEYS
CONSTRUCTlON ~ rOUT
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 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 TIffi NORTH LINE OF LOT 3, BLOCK "B",
(EXTENDED WESTERLY); BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 3,4,5, AND 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
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
PLA T OF SUNSET COURT; AS RECORDED IN PLAT BOOK 11, PAGE 29, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
AND
IRA T PORTION OF S.E. 4 TH. AVENUE BEING DESCRIBED AS BOUNDED ON THE SOUTII 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 AVENUE, ALL AS SHOWN BY THE PLAT OF SUNSET COURT; AS RECORDED IN PLATBOOK 11, PAGE
.' 29, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
I HEREBY CERTIFY TH.t\T TIlE DESCRIPTION AND THE ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN
ACCORDANCE W1THTIlE SURVEYlNG STANDARDS, CHAPTER61G176,FLORIDAAI?MINIS~TIVE CODE, SEYFORTH,
BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANt TO SECTION 472.027, FLORIDA:
STATUTES, AND IS TRUE AND CORRECr TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS TIlE;
SIGNATURE AND THE ORIG~AL RAISED SEAL OF A FLORIDA LI~SED SURVEYOR AND MAPPER, TIllS DRAWING,
SKETCH, AT OR MAP IS FOR. INFORMATION PURPOSES O~ Y AND IS NOT VALID '
~';~
5. ~ef I (;)jJ c
LB 2102 .
Joe Tucker
. NOTE: TIITS IS NOT A SKETCE: OF SURVEY, Bur ONLY A GRAPHIC DEPICTIONS
OF lEE DESCRIPTION SHOWN HEREON, 1BERE HAS BEEN NO FIELD WORK.
VlEWlNGOF THE SUBJECT PROPERTY, ORMONUMENTS SETlN CONNECTION. .
WITH TEE PREPARATION OF TIllS INFORM-\TION SHOWN HEREON.
NOTE: LANDS SHOWN HE...1lliON WERE NOT ABS'J.'R.t\CTED BY TI:IE SURVEYOR
FOR RlGnrS OF WAYS, EASEMENTS OR RESERVATIONS OF RECORD
Phone:
"Boca (561) 391-4388
Boynton (561) 737-8546
FAX (561) 734-7546
JOSEPH M, TUCKER, P.LS.
219 S.E. 23rtj 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 Avenue
File Number: ABAN 07-004
DEP ARTMENTS INCLUDE REJECJ
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
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 Avenue, 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
DEPARTMENTS INCLUDE REJECT
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
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 CRA action.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\PlanningISHAREDIWPlPROJECTSISE 4'" Street & RR ABANIABAN 07.(l()4 SE 4" AvelCOA.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fom1 Must be Turned Requested City Commission Date Final Form Must be Tumed
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October I, 2007 (Noon
0 September 4, 2007 August 20, 2007 ~oon) 0 November 7, 2007 October 15, 2007 (Noon)
0 September 18,2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
!8J October 2, 2007 September 17, 2007 (Noon) 0 December 4, 2007 November 19, 2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda !8J Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
!8J Public Hearing 0
RECOMMENDATION: Please place this request on the October 2, 2007 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board on September 11, 2007,
recommended that the request be approved with the additional condition that the adjacent property owned by the applicant,
be cleared of the burned structure within 90 days from the date of CRA action. For further details pertaining to this request,
see attached Department Memorandum No. 07-085.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
SE 4th Avenue (ABAN 07-004)
Jeff Tomberg
4th Street LLC
Between Railroad Avenue and SE 4th Street (adjacent to 416-417 SE 4tl1 Avenue)
Request for abandonment of the west one-half of SE 4th Avenue right-of-way located
east of Railroad Avenue, approximately 20 feet wide by 122 feet long.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
AL TERNA TIVE : N/ A
-)
City Manager's Signature
Assistant to City Manager
Plalliling and .:i g Director City Attorney / Finance
S:\Planning\SHARED\WP\PROJ < TS\SE 4th Street & RR ABAN\ABAN 07-004 SE 4th AvelAgenda Item Request SE 4th Ave ABAN 07-004 10-2-
07.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-085
TO:
FROM:
Chair and Members
Community Redev:lo/P~~ Agency Board
Michael W. Rumpf ~
Planning and Zoning Director
Kathleen Zeitler t'l--
Planner
THRU:
DATE:
September 4, 2007
SUBJECT:
Abandonment of a segment of SE 4th Avenue
(adjacent to 416-417 SE 4th Avenue)
ABAN 07-004
NATURE OF REOUEST
Mr. Jeff Tomberg, agent for 4th Street LLC, is requesting to abandon a portion of an improved 20-foot right-of-way
(SE 4th Avenue), located between SE 4th Street and Railroad Avenue. The applicant has assembled several parcels
in the area and is considering future development of a residential project. The portion of right-of-way to be
abandoned is situated adjacent to two (2) parcels of land located on the west half of SE 4th Avenue, east of Railroad
Avenue. The platted right-of-way subject to this specific request is 20 feet wide and approximately 122 feet long.
It is described as follows:
That portion of SE 4th Avenue 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 Avenue, 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; said
described property consisting of approximately 2,448 square feet or 0.06 acre.
The subject portion of the 20 foot wide right-of-way was originally platted as Sunset Way and lies within the
boundaries of the Sunset Court Plat. The approved plat was recorded in Plat Book 11, Page 29 on February 25,
1925. The plat contains a reversionary clause in the dedication, which states "does hereby dedicate to the
perpetual use of the public as public highways, the streets, avenues, boulevards, and alleys as shown hereon,
reserving however unto itself, its successors and legal representative, the reversions or reversion of same,
whenever abandoned by the public or discontinued by law". The City makes no representation regarding the
impact of the reversionary language on title to the adjacent properties.
Re-development or expansion of the adjacent property following abandonment requires the property owner to
establish proof of clear title as a condition of re-development or expansion. The applicants have submitted a copy
of a title opinion (ownership and encumbrance report) for the subject property stating that the property adjacent to
the portion of SE 4th Avenue to be abandoned is owned by the applicant and that the properties are currently free
and clear, and such abandonment of the property under public domain will not prevent other property owners from
access to and from their prope.rty, and no other property owners will be adversely affected by the abandonment.
Attached as Exhibit "A" is a location map that shows the general vicinity of the right-of-way to be abandoned, and
Exhibit "B", the legal description of the area to be abandoned. The following is a description of the land uses and
zoning districts of all properties that surround the SE 4th Avenue right-of-way:
Page 2
Memorandum No. PZ 07-085
ABAN 07-004
North -
417 SE 4th Avenue (combined Lots 4 and 5, Sunset Court) consisting of a vacant commercial
parcel zoned Community Commercial (C-3);
South -
416 SE 4th Avenue (combined Lots 6 and 7, Sunset Court) consisting of an occupied single-
family residence zoned Community Commercial (C-3);
The eastern one-half of SE 4th Avenue right-of-way, and adjacent occupied single-family
residences (419 and 421 SE 4th Avenue) zoned Community Commercial (C-3); and,
East
West -
Right-of-way (unimproved) for Railroad Avenue, and farther west the Florida East Coast
Railroad right-of-way.
BACKGROUND
The subject abandonment request is for the western segment of the 20-foot improved SE 4h Avenue right-of-way
that extends a distance of approximately 122 feet in the area between Railroad Avenue and SE 4th Street. The
applicant is also requesting simultaneous abandonment of a segment of Railroad Avenue (see staff report for ABAN
07-005). Other nearby portions of Railroad Avenue were previously abandoned in October of 1994 (Resolution 94-
171) and July of 2005, (Ordinance 05-030).
ANALYSIS
When a right-of-way, such as SE 4th Avenue, is abandoned, the ownership of the abandoned land is transferred
from the City of Boynton Beach to the abutting property owner(s). Typically, two (2) properties would be affected
by an abandonment request. One-half of the right-of-way is conveyed to one (1) abutting property owner and the
other half is conveyed to the other abutting property owner. The applicant requesting this abandonment is the
owner of all of the affected properties to the north and south of the segment to be abandoned. Adequate public
notice was given to all affected property owners in accordance with Chapter 22, Article III, Section 4 of the Land
Development Regulations. All public utility companies have been notified and the abandonment request has been
advertised in the local newspaper.
A summary of the responses from the utility companies and city staff is noted as follows:
CITY DEPARTMENTS/DIVISIONS
Engineering
Public Works / Utilities
Planning and Zoning
Approval with conditions (see Exhibit "c" - Conditions of Approval)
No objection
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
BellSouth
Florida Public Utilities Co.
Cable (Adelphia/Comcast)
No objection
Approval with conditions (see Exhibit "c" - Conditions of Approval)
No objection
No objection
Excluding BellSouth, all public utility providers have indicated that they have no objection to the applicant's request
for abandonment. Both the Engineering Division and Bellsouth are requiring conditions of approval which must be
satisfied prior to future development of the applicant's property. Both the Engineering Division and Bellsouth would
Page 3
Memorandum No. PZ 07-085
ABAN 07-004
have no objection to the proposed abandonment upon compliance with their specific conditions of approval which
include relocation, at the applicant's expense, of existing utilities currently located within the right-of-way to be
abandoned, and the establishment of a 10 foot utility easement for Bellsouth.
It must be noted that city utility lines are currently located within the segment of the subject right-of-way to be
abandoned. Therefore, Engineering Division comments require that the existing utilities within the right-of-way be
relocated subject to approval by the Utilities Department and at the applicant's expense. Existing utilities in the
eastern segment of SE 4th Avenue will remain in place to serve adjacent properties. Lastly, the subject right-of-way
terminates to the west of developed property preventing future extension of this right-of-way. There are also no
isolated parcels adjacent to the subject right-of-way which would rely solely upon this street for access.
RECOMMENDATION
Staff has determined that the western segment of SE 4th Avenue right-of-way to be abandoned would no longer
serve a public purpose under the current plan for land assemblage and alternative access to the adjacent parcels.
The proposed abandonment would not adversely affect any neighboring properties along SE 4th Avenue regarding
continuation of their utility services and access to their property. Therefore, based on the above findings, staff is
recommending approval of the request to abandon the portion of the 20-foot improved roadway as described
above, subject to the comments included in Exhibit "c" - Conditions of Approval. Any additional conditions
recommended by the Community Redevelopment Agency Board or City Commission will be placed in Exhibit "c" -
Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\SE 4th Avenue ABAN\ABAN 07-004 SE 4th Ave\Staff Report.doc
Exht"' it "A" - Location ~)P
ABAN 07-004, ABAN 07-005
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Jos.ph M. 'Tuck.r, ~.LS.
EXHIBIT "B"
BOUNDARY SURVeYS
MORTGAGE SURVEYS
CONSTAUcnON 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 PLA T SUNSET COURT, IN PLA T BOOK 11 , PAGE 33, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
SAID LANDS TO BE ABANDONED ARE DESCRIBED AS FOLLOWS;
TRA T PORTION OF RAILROAD AVENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF
LOT 6, BLOCK "B", (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY TIIE NORTH LINE OF LOT 3, BLOCK "B",
(EXTENDED WESTERLY); BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 3, 4, 5, AND 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, FLORlDA.
AND
TRA T 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
PLA T OF SUNSET COURT; AS RECORDED IN PLAT BOOK 11, PAGE 29, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
AND
TRA T 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 PLAT BOOK 11, PAGE
29, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
I HEREBY CERTIFY TIIAT THE DESCRIPTION AND THE An ACHED SKETCH OF DESCRIPTION WERE PREPARED IN
ACCORDANCE WITH THE SURVEYING STANDARDS, CHAP1ER61G176, FLORIDAAI?MINISTRATIVE CODE, SEYFORTH,
BY TIIE 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 TIIE;
SIGNATURE AND THE ORIG~AL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, TIllS DRAWING,
SKETCH, AT OR MAP IS FOlt INFORMATION PURPOSES ONLY AND IS NOT VALID .
~":~
:5 e-ef I of' 2
LB2102 .
Joe Tucker
. Nom: THIS IS NOT A SKETCB OF SURVEY, BUT ONI.. Y A GRAPHIC DEPICTIONS
OF THE DESCRIPTION SHOWN HEREON, THERE HAS BEEN NO FIELD WORK
VIEWJNGOF TIffi SUBJECT PROPERTY, ORMONUMENTS SET IN CONNECTION. .
WIlli TIffi PREPARATION OF TIllS INFORMA..TION SHOWN HEREON.
Nom: LANDS SHOWN HEREON WERE NOT ABSTRACmD BY 1RE SURVEYOR
FOR RIGHTS OF WAYS, EASEMENTS OR RESERVATIONS OF RECORD
Phone:
'"Boca (561) 391-4388
Boynton (561) 737-6~
FAX (561) 734-7546
JOSEPH M. TUCKER. P.LS.
219 S.E. 23m Ave. . P.O. Box 759 '
Boynton Beach, FL 33435 ;
EXHIBIT "C"
Conditions of Approval
Project Name: Abandonment of a segment of the 20-foot right-of-way of SE 4th Avenue
File Number: ABAN 07-004
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. All existing city utilities (water and wastewater conduits) must be relocated X
ifit is the intent to continue their functional purposes in S.E. 4th Avenue, 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-wav.
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 CRA action.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHAREO\WP\PROJECTS\Se 4TH Street & RR ABAN\ABAN 07MQ04 SE 4th Ave\COA.doc
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;-..JOTICE OF PUBLIC HEARING
NOTICE OF ABANDONMENT
NOTICE IS HEREBY GIVEN that the Community Redevelopment Agency Board will conduct a PUBLIC
HEARING at the CITY HALL, COMMISSION CHAMBERS, on Tuesday, September 11, 2007 at 6:30
p m The City Commission of the CITY OF BOYNTON BEACH, FLORIDA, will also hold public hearings
at CITY HALL COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON
BEACH, FLORIDA, on Tuesday, October 2, 2007 and October 16, 2007 at 7:00 p.m., or as soon
thereafter as the agenda permits, to consider a right-of-way abandonment request for a segment of SE 4th
Avenue (ABAN 07-004) and a right-of-way abandonment request for a portion of Railroad Avenue (ABAN
07 -005) submitted by Jeff Tomberg, agent for 4th Street LLC The subject abandonment is more
particularly described as follows:
That portion of SE 4th Avenue being described as bounded on the south by the north line of Lots 6
and 7; bounded on the north by the south line of Lots 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 Avenue, 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.
That portion of Railroad Avenue heing 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 of Lot 3, Block "B", (extended
westerly); bounded on the east by the west line of Lots 3, 4, 5, and 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 on 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 Avenue 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.
All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any
person who decides to appeal any decision of the Community Redevelopment Agency Board or City
Commission with respect to any matter considered at these meetings will need a record of the
proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with
a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity
conducted by the City. Please contact Patricia Tucker (561) 742-6268, at least twenty-four (24) hours
prior to the program or activity in order for the City to reasonably accommodate your request.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBLISH: The Post - September 1, 2007
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Copy to City Commission, City Attorney. Mike Rumpf. Agenda Folder. Original to Legal Ads File
\ I"
S ICCIWP\legal ads\P&Z ADS TO THE POST\2007\ABAN 07-004 & ABAN 07-005 - SE 4TH AVE & RAILROAD AVE ABANDONMENTS doc
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Palm Beach County
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