REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-085
THRU:
Chair and Members
Community Redeveloprwnt Agency Board
Michael W. RumPfblV
Planning and Zoning Director
TO:
FROM:
Kathleen Zeitler t'&
Planner
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 property, 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 / 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
Exh\.,,,Jit "N' - Location t,.ap
ABAN 07-004, ABAN 07-005
R1A - Single-family
Residential
SE 3RD AVENUE
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R1A - Sing~e-family-
Residential
40 20 0
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80 120 160
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Joseph M. Tucker. P.LS.
EXHIBIT "B"
BOUNDARY SURVEYS
MORTGAGE SURVEYS
CONSTRUCTION LA YOUr
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. AVENUE
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;
THA 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 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 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 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.
AND
THAT PORTION OF S.E. 4 TH. 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 PLATBOOK 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 ;
ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G176, FLORIDAA[)MINISTRATIVE 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, TIllS DRAWING,
SKETCH, P AT OR MAP IS FOlt INFORMATION PURPOSES O~ Y AND IS NOT VALID
, 7 ./
BY. ~ zP~"'~
,
J S H . TUCKE DATE os, 67
wroISTERED L SURVEYO NO. 3285
STATE OF FLORIDA
:5. ~el- / of' 2
LB 2102 .
Joe Tucker
. NOTE: TIllS IS NOT A SKETCIl OF SURVEY, BUT ONLY A GRAPHIC DEPICTIONS
OF TIm DESCRlPTION SHOWN HEREON, mERE HAS BEEN NO FIELD WORK
VIEWING OF mE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION. .
WITH mE PREPARATION OF TIllS INFORMATION SHOWN HEREON.
NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED BY mE SURVEYOR
FOR RlGIITS OF WAYS, EASEMENTS OR RESERVATIONS OF RECORD
Phone:
~Boca (561)391~
Boynton (561) 737-6546
FAX (561) 734-7546
JOSEPH M. TUCKER. P.L.S.
219 S.E.23rt1Aw.- 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
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments:
1. All existing city utilities (water and wastewater conduits) must be relocated
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
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
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
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
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments: None
PUBLIC UTILITY PROVIDERS
Comments:
5. There shall be two (2) four-inch (4") Schedule-40 PVC conduits required to
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
Bellsouth Telecommunications, Inc. as a utility easement.
7. Should there be any relocation or adjustments of Bellsouth's facilities
associated with this project, those costs would be the responsibility of the
property owner.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WP\PROJECTS\SE 4TH Street & RR ABAN\ABAN 07-004 SE 4'h Ave\COA.doc
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 07-081
TO:
Ed Breese, Principal Planner
Planning & Zoning Division /v
H. David Kelley, Jr., PE/PSM -<(J
City Engineer
FROM:
DATE:
June 28, 2007
SUBJECT:
City Abandonment Petition No. 07-xxx
Portion of Railroad Avenue & S.E. 4th Avenue,
Between FEC R/R and S.E. 4th Street
Application(s) by the 4th STREET, LLC
This memorandum is in response to your Memorandum dated June 25, 2007 on the above noted subject.
We have reviewed the application submitted by their agent, JeffTomberg, dated March 8, 2007, including
the legal description submitted by their consulting surveyor, and find the application in general order
except for several discrepancies as follows:
A. Both applications seek to abandon the railroad "easement". Please be advised that the railroad
roadway in a legal roadway shown as RAILROAD AVENUE of both record plats [PENCE
SUBDNISION NO.1, P.B. 1, Pg. 33, P.B.County, recorded on March 25, 1910 (after Palm
Beach County was created from being a portion of Dade County, with the original record plat
being recorded in Dade County in P.B. "B", Pg. 148, on July 23, 1908), and the plat of SUNSET
COURT, P.B. 11, Pg. 29, recorded on February 25, 1925].
....'!/.
As a public right-of-way, Chapter 336.12 F.S., being created in 1955, involves any public roadway
abandonment(s); this section of the law divides the roadway equally to the adjacent property
owners. I am also under the impression that if the right-of-way was adjacent to another right-of-
way [even railroad right-of-way] that the abandonment went to the private property (only on one
side). This has been discussed with the City Attorney and the Assistant City Attorney several
times in the past. Thus in this case, the FEC R/R will obtain ~ of the right-of-way to be abandon
(whether they want it or not). They can do with it whatever they want (subject to city zoning rules
and regulations); they can give it to the 'other' property owner or sell they component to the
~ 'other' property owner (to get it off of their future tax rolls). Currently, the applicant will only get
~ of the roadway right-of-way (after the abandonment).
~
I cannot speak for any action taken by the City Commission prior to my transfer to the
Engineering Division of the Department of Public Works in January, 2000. But, we are currently
following what the City Attorney's Office has instructed us to do on these applications. You are
advised that this is contrary to a previous similar set of circumstance on the same roadway
(Railroad Avenue) located approximately Y2 mile north of this application to which the P & Z
Director allowed the applicant to utilize all of the roadway abandonment to the landside of the
FEC R/R right-of-way.
'.,./1.
Ed Breese
June 27, 2007
Page 2
B. The submitted survey reflects an erroneous bearing for S.E. 4th Avenue; it should be either N. 890
00' 00" W., or S. 890 00' 00" E.. to align property with numerous other course bearings on the
document.
A portion of the "Legal Description" is shown incorrectly. In the 1st paragraph, it cites that in
addition to original lots 3 thru 6, PENCE SUBDIVISION, this property also contains "the west 50
feet, of the east 90 feet, of the north 10.0 feet, of Lot 9, Block "B" . . . .", however, the survey
drawing reflects "the west 50 feet of the east 120 feet of the north 10 feet of Lot 9, Block "B", . . ."
This needs to be clarified.
C. One of the applications states that "and the portion of Fourth Avenue that's being abandoned is
being abandoned by the same owner is going to be proposing a development of the property."
Only the western half of S.E. 4th Avenue (Sunset Way) is eligible for abandonment as legal access
must be maintained to the south side of Lots 2 & 3 of the SUNSET COURT development (not
being a part of the re-configuration of the area by the applicant). This would be "all of S.B. 4th
Avenue LESS the east 120 feet thereof according to the plat of SUNSET COURT, etc. etc."
D. S.B. 4th Avenue currently has live city water and wastewater service lines located within its
boundary. I find no mention by the applicant that these systems will be taken out of service or
abandoned i,n place with any abandonment (or portion thereof). This needs to be clarified.
This Division has no obiection to the proposed abandonment(s), but it must contain several provisos, as
follows:
1. All existing city utilities (water and wastewater conduits) must be relocated if it is the intent to
continue their functional purposes in S.B. 4th Avenue, or abandoned (and agreed to by the Utilities
Department)
2. All other utility services within this project shall be relocated at the applicant's cost. This is
reflected in the projected right-of-way for conceptual S.E. 3rd Avenue which has electrical service.
3. The abandonment of this 20-foot street right-of-way (S.E. 4th Avenue) shall be so designated on a
required new boundary record plat to reflect same. A similar comment can be made for Railroad
Avenue.
4. The proposed new development shall 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 C. Commission via ordinances), L.A.E.s,
access location(s), etc.
If the above provisos are performed, this Division will support the application (once completed in the
proper form of the. required ordinance). Please keep this Division informed as to the progress of the
application. If you have any questions, please advise me at x6988.
Ed Breese
June 27, 2007
Page 3
xc: Jeff Livergood, PE, Dir. ofP.W.
Laurinda Logan, PE, Sr. Engr.
Jim Cherof, 'Esq., City Attorney
Mike Rumpf, Dir. of P&Z Div.
Peter Mazzella, Deputy Utility Director
File
Page 1 of 1
Breese, Ed
From: Mazzella, Pete
Sent: Tuesday, July 17, 2007 8:40 AM
To: Breese, Ed
Subject: Alley abandonment - SE 4th Ave.
Ed
Just for the record, we have no objection to the proposed abandonment as outlined in your memo dated June 29,
2007. The developer of the site will be required to modify the utilities as needed in order to preserve their proper
functioning, and allow service to his proposed development.
As an added note, we have completed the redesign of SE 4th Street in the area from SE 2nd Ave. down to SE 12th
Ave., and those plans are currently being reviewed for various permits. We intend to place them out for bid in the
near future, possibly in early 2008. That project includes improved water mains, a new storm sewer system,
reclaimed water lines, and significant streetscape. It is important that we coordinate curb cuts, etc. with proposed
private projects east and west of SE 4th Street. Do you happen to have a master plan for that area, or a series of
site plans we could piece together?
Thanks
fit;",. v. !fuJ"
7 /17 /2007