AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meetin~ in to City Clerk's Office Meeting Dates in to City Clerk's Office
D August 21, 2007 August 6, 2007 (Noon.) [8J October 16, 2007 October I, 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon)
D September 18,2007 September 3, 2007 (Noon) D November 20, 2007 November 5, 2007 (Noon)
D October 2, 2007 September 17,2007 (Noon) D December 4, 2007 November 19, 2007 (Noon)
0 Announcements/Presentations D City Manager's Report
NATURE OF 0 Administrative D New Business
AGENDA ITEM 0 Consent Agenda [8J Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
[8J Public Hearing D
RECOMMENDATION: Please place this request on the October 16, 2007 City Commission Agenda under
Public Hearing and Legal, Ordinance - Second Reading. The City Conunission on October 2,2007, approved this request
under Public Hearing and Legal, Ordinance - First Reading. For further details pertaining to this request, see attached
Department Memorandum No. 07-084.
EXPLANATION:
PROJECT:
AGENT:
UWNERS:
LOCATION:
Railroad Avenue (ABAN 07-005)
Jeff Tomberg
4th Street LLC
East of the F.E.C. Railroad between SE 2'1<1 Avenue and SE 4th Avenue (adjacent to 399-
417 SE 4th Street)
Request for abandonment ofa portion of Railroad Avenue right-of-way approximately 30
feet wide by 484 feet long.
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
City Manager's Signature
Assistant to City Manager
e or City Attorney / Finance
4th Street & RRABAN\ABAN 07-005 RRAve\Agenda Item Request Railroad Ave ABAN 07-00510-16-
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 07-084
TO:
Chair and Members
Community Redevelopment Agency Board
Michael W. RumpJy~
Planning and Zoning Director
THRU:
FROM:
Kathleen Zeitler n
Planner
DATE:
September 4( 2007
SUBJECT:
Abandonment of a segment of the 3D-foot right-of-way of Railroad Avenue
(adjacent to 399 - 417 SE 4th Street)
ABAN 07-005
NATURE OF REOUEST
Mr. JeffTomberg( agent for 4th Street LLC, is requesting to abandon a portion of Railroad Avenue( an unimproved
3D-foot right-of-way( located between SE 2nd Avenue and SE 4th Avenue. The applicant has assembled several
parcels in the area and is considering future development of a residential project. This unimproved right-of-way is
situated adjacent to six (6) parcels of land to the east (all owned by 4th Street LLe) and the Florida East Coast (FEe)
Railroad to the west. The platted right-of-way subject to this specific request is 30 feet wide and approximately
483.46 feet long. It is 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 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; said described property consisting of approximately 14,503 square feet
.or 0.33 acre.
The subject portion of the 3D-foot wide right-of-way was platted as Railroad Avenue and lies within the boundaries
of the Pence Subdivision No.1 Plat. The approved plat was recorded in Plat Book 1( Page 33 on March 25( 1910.
Typically a reversionary clause in the dedication of the plat dedicates to the perpetual use of the public the public
highways( streets( avenues( boulevards( and alleys shown on the plat, and reserves unto itself( its successors and
legal representative( the reversions or reversion of samet 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.
Page 2
Memorandum No. PZ 07-084
ABAN 07-005
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 Railroad Avenue to be abandoned is owned by the applicant and that the properties are currently free
and c1earr and such abandonment of the property under public domain will not prevent other property owners from
access to and from their propertyr and no other property owners will be adversely affected by the abandonment.
Exhibit "A" - Location Map shows the general vicinity of the right-of-way to be abandoned. The Exhibit "B"-
"Proposed Abandonment" shows the exact location of the subject site and its legal description. The following is a
description of the land uses and zoning districts of all properties that surround the subject right-of-way.
North -
Unimproved Right-of-way for Railroad Avenue; and to the Northeast 301 SE 4th Street,
zoned Community Commercial (C-3);
South -
East
Unimproved Right-of-way for Railroad Avenue; and to the southeast a vacant parcel at
513 SE 4th Street, zoned Community Commercial (C-3);
Several parcels (399-416 SE 4h Street), including vacant commercial and multi-f~mil){;
residential uses, zoned Community Commercial (C-3); and Right-of-way for SE 4th Avenue;;
andr '..
West -
Right-of-way for the FEC Railroadr then farther west are single-family residences zoned,,:
R-1A (Single-family Residential).
BACKGROUND
, 'j
The subject abandonment request is for a segment of the 3D-foot unimproved Railroad Avenue right-of-way that
extends a distance of approximately 484 feet in the area of SE 4th Avenue. That segment of Railroad Avenuer
located immediately south of the subject right-of-waYr was previously abandoned to the properties to the east (513
and 515 SE 4th Street) in October of 1994, by Resolution 94-171. In additionr a segment of unimproved Railroad
Avenue right-of-way running south to SE 5th Avenue was abandoned to the property to the east (415 SE 5th Avenue)
in July of 2005r by Ordinance 05-030.
ANALYSIS
When a right-of-waYr such as this unimproved roadway, is abandoned, the ownership of the abandoned land is
transferred from the City of Boynton Beach to the abutting property owner(s). Typically, abandoned property is
divided in halfr with fifty percent (50%) of the property transferred to the owner of each adjacent real property.
The applicant requesting this abandonment is the owner of all of the affected properties to the east and the FEC
Railway right-of-way lies immediately to the west of the property to be abandoned. Per the Palm Beach County
Property Appraiser's Mapping & GIS Departmentr a right-of-way is not considered to be real property to which a
portion of abandoned property can be transferred. In additionr property to be abandonedr when located in a
platted subdivisionr must remain within the boundaries of the plat. The subject Railroad Avenue is part of the plat;
howeverr the FEC Railway right-of-way pre-dates the platr and is included on the plat only as an existing right-of-
way adjacent to the boundaries of the plat. Therefore, the entire width (30 feet) of the abandoned property would
be transferred to the applicant in accordance with standard procedures conducted by the County's Property
Appraiser's office. Adequate public notice was given to all affected property owners in accordance with Chapter 22r
Article IIIr 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.
Page 3
Memorandum No. PZ 07-084
ABAN 07-005
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
have no objection to the proposed abandonment upon compliance with their specific conditions of approval.
RECOMMENDATION
Staff has determined that the subject right-of-way no longer serves a public purposer and therefore is
recommending approval of the request to abandon the 3D-foot unimproved 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 07-005 RR Ave\Staff Report.doc
EXhibit "A" - Location map
ABAN 07-004, ABAN 07-005
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Joseph M. Tucker. P.LS.
EXHIBIT "B"
SOUNOARY 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 AVENUE
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 TIlE 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 soum LINE OF
LOT 6, BLOCK "B", (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY TIlE NORTH LINE OF LOT3, 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 TIlE 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 TIlE
PLAT OF SUNSET COURT; AS RECORDED IN PLAT BOOK II, 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 TIIE 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 TIlE
EAST LINE OF LOTS 4, AND 7, (EXTENDED); BOUNDED ON THE WEST BY THE EAST RIGin OF,WA.Y LINE OF
RAILROAD A VENUE, ALL AS SHOWN BY THE PLAT OF SUNSET COURT; AS RECORDED IN PLA TBOOK II, 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, CHAPIER61G176, FLORIDAAQMINIS'J'RA.TIVE CODE, SETFORTH,
BY THE FLORlDABOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANt TO SECTION 4n027, FLORIDA:
STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS THE.
SIGNATURE AND THE ORIGI~AL RAISED SEAL OF A FLORIDA LI~NSED SURVEYOR AND MAPPER, TInS DRAWING,
SKETCH, AT OR MAP IS FOR INFORMATION PURPOSES ONLY AND IS NOT VALID .
I,:~
:5. ~e.f / of' 2
LB 2102 '
Joe Tucker
, NOTE: TIllS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTIONS
OF THE DESCRJPTION SHOWN HEREON, THERE HAS BEEN NO FIELD WORK
VlEWlNGOF THE SUBJECT PROPERTY, OR MONUMENTS SET m CONNECTION, ,
WIlli ruE PREPARATION OF THIS INFORMATION SHOWN HEREON.
NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED BY TEE SURVEYOR
FOR RIGHTS OF WAYS, EASEMENTS OR RESERVATIONS OF RECORD
Phone:
.'Boca (561) 391-4386
Boynton (561) 737-6546
FAX (561) 734-7546
JOSEPH M, TUCKER, P,LS.
219 S.E.23rdAvs,. P.O. Box 759 '
BC'tnton Beach, FL 33435 '
EXHIBIT "e"
Conditions of Approval
Project Name: Abandonment of a 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 3D-foot unimproved right-of-way (Railroad X
A venue) shall be so designated on a required new boundary plat prior to the
issuance of a Land Development pennit 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 DEP ARTMENTS 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.
S:\PlanningISHAREDIWP\PROJECTSISE 4'" Street & RR ASANIABAN 07-005 RR Ave\COA,doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Tumed Requested City Commission Date Final Fonn Must be Tumed
Meetinl! Dates in to City Clerk's Office Meetine: Dates in to City Clerk's Ofilce
0 August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1, 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15, 2007 (Noon)
0 September 18, 2007 September 3,2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
~ 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 ~ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
[8J Public Hearing 0
RECOMMENDA TION: 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. For further details pertaining to this request, see attached Department
Memorandum No, 07-084.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
Railroad Avenue (ABAN 07-005)
Jeff Tomberg
4th Street LLC
East of the F.E,C. Railroad between SE 2nd Avenue and SE 4tl. Avenue (adjacent to 399-
417 SE 4th Street)
Request for abandonment of a portion of Railroad Avenue right-of-way approximately 30
feet wide by 484 feet long.
DESCRIPTION;
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/ A
ALTE~' N/A
'lk
... o';;ci pmen! D~n! Di,,,,o,
City Manager's Signature
~ ~~
" Planning and Zoning , "ectol' City Attorney / Finance
S ;\PlanningISHARED\WP\PROJECTS\SE 4th Street & RR ABAN\ABAN 07-005 RR A ve\Agenda Item Request Railroad Ave ABAN 07-005 10-2-07 .doc
S:\BULLETIN\FORMS\AGENDA fI'EM REQUEST FORM ,DOC
Assistant to City Manager
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-084
TO:
Chair and Members
Community Redevelopment Agency Board
Michael W. RumpJy~
Planning and Zoning Director
THRU:
FROM:
Kathleen Zeitler tl-
Planner
DATE:
September 4( 2007
SUBJECT:
Abandonment of a segment of the 3D-foot right-of-way of Railroad Avenue
(adjacent to 399 - 417 SE 4th Street)
ABAN 07-005
NATURE OF REOUEST
Mr. Jeff Tomberg( agent for 4th Street LLC( is requesting to abandon a portion of Railroad Avenue( an unimproved
3D-foot right-of-way( located between SE 2nd Avenue and SE 4th Avenue. The applicant has assembled several
parcels in the area and is considering future development of a residential project. This unimproved right-of-way is
situated adjacent to six (6) parcels of land to the east (all owned by 4th Street LLe) and the Florida East Coast (FEe)
Railroad to the west. The platted right-of-way subject to this specific request is 30 feet wide and approximately
483.46 feet long. It is 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 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; said described property consisting of approximately 14,503 square feet
.or 0.33 acre.
The subject portion of the 3D-foot wide right-of-way was platted as Railroad Avenue and lies within the boundaries
of the Pence Subdivision NO.1 Plat. The approved plat was recorded in Plat Book 1( Page 33 on March 25( 1910.
Typically a reversionary clause in the dedication of the plat dedicates to the perpetual use of the public the public
highways( streets( avenues, boulevards( and alleys shown on the plat( and reserves 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.
Page 2
Memorandum No. PZ 07-084
ABAN 07-005
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 Railroad Avenue to be abandoned is owned by the applicant and that the properties are currently free
and c1earr 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.
Exhibit "A" - Location Map shows the general vicinity of the right-of-way to be abandoned. The Exhibit "B"-
"Proposed Abandonment" shows the exact location of the subject site and its legal description. The following is a
description of the land uses and zoning districts of all properties that surround the subject right-of-way.
North -
Unimproved Right-of-way for Railroad Avenue; and to the Northeast 301 SE 4th Street,
zoned Community Commercial (C-3);
South -
Unimproved Right-of-way for Railroad Avenue; and to the southeast a vacant parcel at
513 SE 4th Streetr zoned Community Commercial (C-3);
East
I ~-\
Several parcels (399-416 SE 4th Street)r including vacant commercial and multi-famil){;
residential usesr zoned Community Commercial (C-3); and Right-of-way for SE 4th Avenue;;
andr
West -
Right-of-way for the FEC Railroad, then farther west are single-family residences zoned..,
R-1A (Single-family Residential).
BACKGROUND
, ':i
The subject abandonment request is for a segment of the 3D-foot unimproved Railroad Avenue right-of-way that
extends a distance of approximately 484 feet in the area of SE 4th Avenue. That segment of Railroad Avenuer
located immediately south of the subject right-of-waYr was previously abandoned to the properties to the east (513
and 515 SE 4th Street) in October of 1994, by Resolution 94-171. In additionr a segment of unimproved Railroad
Avenue right-of-way running south to SE 5th Avenue was abandoned to the property to the east (415 SE 5th Avenue)
in July of 2005r by Ordinance 05-030.
ANALYSIS
When a right-of-waYr such as this unimproved roadway, is abandoned, the ownership of the abandoned land is
transferred from the City of Boynton Beach to the abutting property owner(s). TypicallYr abandoned property is
divided in halfr with fifty percent (50%) of the property transferred to the owner of each adjacent real property.
The applicant requesting this abandonment is the owner of all of the affected properties to the east and the FEC
Railway right-Of-way lies immediately to the west of the property to be abandoned. Per the Palm Beach County
Property Appraiser's Mapping & GIS Departmentr a right-Of-way is not considered to be real property to which a
portion of abandoned property can be transferred. In additionr property to be abandonedr when located in a
platted subdivisionr must remain within the boundaries of the plat. The subject Railroad Avenue is part of the plat;
howeverr the FEC Railway right-Of-way pre-dates the platr and is included on the plat only as an existing right-of-
way adjacent to the boundaries of the plat. Thereforer the entire width (30 feet) of the abandoned property would
be transferred to the applicant in accordance with standard procedures conducted by the County's PropertY
Appraiser's office. 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.
Page 3
Memorandum No. PZ 07-084
ABAN 07-005
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 BellSouthr 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
have no objection to the proposed abandonment upon compliance with their specific conditions of approval.
RECOMMENDATION
Staff has determined that the subject right-of-way no longer serves a public purposer and therefore is
recommending approval of the request to abandon the 3D-foot unimproved 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 07-005 RR Ave\Staff Report.doc
j ,
EXhtbit "A" - Location Map
ABAN 07-004, ABAN 07-005
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Joseph M. Tuck.r. P.LS.
EXHIBIT "8"
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. A VENUE, AS RECORDED
BY TIffiPLA T SUNSET COURT, IN PLAT 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 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 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
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
WESTERL Y); BOUNDED ON TIffi 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 TIffi
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. 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 RIGiU 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 DESCRlPTION AND THE AITACHED SKETCH OF DESCRIPTION WERE PREPARED IN
ACCORDANCE WTIHTHE SURVEYING STANDARDS, CHAPTER 61G176, :FI:.ORIDAAqMINISTRATIVE 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 BEARS THE
SIGNATURE AND THE ORIG~AL RAISED SEAL OF A FLORIDA LI~SED SURVEYOR AND MAPPER., TIllS DRAWING,
SKETCH, P ;\T OR MAP IS FOR INFORMATION PURPOSES O~ Y ANt> IS NOT VALID
, :L $. ..ef lel':c
DAlE t)Sj 47
ISTERED L SURVEYO NO. 3285 LB 2102 . Joe Tucker
STAlE OF FLORIDA
. NOTE: TIllS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTIONS
OF TIffi DESCRlPTION SHOWN HEREON, THERE HAS BEEN NO FIELD WORK
VIEWlNGOF TIffi SUBJECT PROPERTI, ORMONUMENTS SET IN CONNECTION, ,
wrrn TEE PREPARATION OF lliIS INFORM\TION SHOWN HEREON.
NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED BY 1HE SURVEYOR
FOR RIGHTS OF WAYS, EASEMENTS OR RESERVATIONS OF RECORD
Phons:
"Boca (501) 391-4388
Boynton (501) 737-6548
FAX (501) 734-7546
JOSEPH M. TUCKER, P.L.S.
219 S.E. 2311:1 AVB.' P.O. Box 759 '
BoynlOll Beach, FL 33435 '
EXHIBIT "e"
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
A venue) 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.
S:\Plann;,gISHAREDIWPlPROJECTS\SE 4'" Street & RR ABANIABAN 07.005 RR AveICOA.doc
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Facsimile
TRANSMITTAL
CITY OF BOYNTON BEACH
100 E. BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
FAX: (561) 742-6259
PLANNING AND ZONING DIVISION
To:
Fax #:
Date:
From:
Re:
Mr. Jeff Tomberg
734-8971
August 21, 2007
Kathleen Zeitler, Planner
Public Hearing Notices for Abandonments
Pages:
3
Attached are the Notices for each abandonment request (including a map)
that need to be sent to all parties within a 400 foot radius, mailed no later
than Saturday, September 1, 2007 (regular 41 cent postage per envelope).
If you have any questions regarding the noticing requirements, please call
Sherie Coale, Application Technician, at 742-6265.
Thank you.
Planning and Zoning Division
City of Boynton Beach
Boynton Beach, Florida 33425
742-6260
Fax: 742-6259
NOTICE OF PUBLIC HEARING
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 a public hearing at CITY HALL
COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON
BEACH, FLORIDA, on Tuesday, October 2,2007, at 7:00 p.m., or as soon thereafter as
the a~enda permits, to consider a right-of-way abandonment request for a segment of
SE 4t Avenue (ABAN 07-004) submitted by Jeff Tomberg, agent for 4th Street LLC,
more particularly 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.
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
NOTICE OF PUBLIC HEARING
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 a public hearing at CITY HALL
COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON
BEACH, FLORIDA, on Tuesday, October 2,2007, at 7:00 p.m., or as soon thereafter as
the agenda permits, to consider a right-of-way abandonment request for a portion of
Railroad Avenue (ABAN 07-005) submitted by Jeff Tomberg, agent for 4th Street LLC,
more particularly 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 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
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TRANSMISSION VERIFICATION REPORT
TIME
NAME
FAX
TEL
SER.#
01/26/2002 00:40
PLANNING
5617426259
BROL3J876851
DATE,TIME
FAX NO./NAME
DURATION
PAGE(S)
RESULT
MODE
01/26 00:39
97348971
00:01:20
04
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0041
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Gary R. Nikolitis, CFA
Palm Beach County
Property Appraiser
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Scale: 1" = 200' Printed: 08-10-2007
Location: Downtown Service Center
Rng 43E - Twp 45S - See 28
Notes:
:13 33
5 E OYNTON C1R 6
NO 3 CONDC
33 OR1952P104333
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