CORRESPONDENCE
LAW OFFICES OF
JEFF TOMBERG, J.D., P.A.
P.O. Box 1426
626 S.E. 4th Street
Boynton Beach, Florida 33435
Jeff Tomberg
Board Certified Civil
Trial Lawyer
August 22, 2007
(561) 732-6488
(561) 737-1345
FAX: (561) 734-8971
e-mail: piatty@yahoo.com
Mr. Ed Breese
Department of Public Works
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
oo~@~a~~@)
t\~j ~1lU07
PLANNING AND
ZONING DEPT..
Re: 4th Street LLC applications for abandonment
ABAN 070-0004 and ABAN 070-0005
Dear Mr. Breese:
Enclosed are the following:
· Opinion of Title, 4th Avenue abandonment
· Opinion of Title, Railroad Avenue abandonment
· Legal descriptions on CDROM disk
· Two complete sets of mailing labels for all properties in a 400'
radius and master list of PCN's from Property Appraiser
· Deeds showing ownership and PCN's of 8 properties
· Copies of two letters which we will mail the week of 8/27/07 by first
class mail.
Signs are being posted as required. If there are any additional
requirements to be met, please let us know. Thank you.
JeT/ah
Very truly yours,
C~
JEFF ~tJB:d
LAW OFFICES OF
JEFF TOMBERG, J.D., P.A.
P.O. Box 1426
626 S.E. 4th Street
Boynton Beach, Florida 33435
Jeff Tomberg
Board Certified Civil
Trial Lawyer
August 22, 2007
(561) 732-6488
(561) 737-1345
FAX: (561) 734-8971
e-mail: piatty@yahoo.com
OPINION LETTER
To Whom It May Concern:
The undersigned certifies that the legal description of the property
sought to be abandoned or vacated is as set forth below:
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.
The title or interest of the City of Boynton Beach and the public in and
to the above-described property was acquired and is evidenced by
dedication recorded in Plat Book 1, Page 33, Public Records of Palm
Beach County, Florida
The petitioner made no similar application to the City at any time within
six (6) months of the date hereof, and should their application be
granted, such abandonment and vacation will prevent no other property
owners from access to and from their property; and no other property
owners in the vicinity will be adversely affected.
The above-described property interest is under the control and
jurisdiction of the City Commission of the City of Boynton Beach,
Florida, is not a part of any state or federal highway system, and was
not acquired or dedicated for state or federal highway purposes.
Page 2
Each half of the portion of S.E. 4th Avenue sought to be abandoned
belongs to 4th Street LLC.
The adjoining property owners have no mortgages on any of the
properties; and the properties are currently free and clear.
JeT/ah
LAW OFFICES OF
JEFF TOMBERG, J.D., P.A.
P.O. Box 1426
626 S.E. 4th Street
Boynton Beach, Florida 33435
Jeff Tomberg
Board Certified Civil
Trial Lawyer
August 22, 2007
(561) 732-6488
(561) 737-1345
FAX: (561) 734-8971
e-mail: piatty@yahoo.com
OPINION LETTER
To Whom It May Concern:
The undersigned certifies that the legal description of the property
sought to be abandoned or vacated is as set forth below:
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.
The title or interest of the City of Boynton Beach and the public in and
to the above-described property was acquired and is evidenced by
dedication recorded in Plat Book 11, Page 29, Public Records of Palm
Beach County, Florida
Page 2
The petitioner made no similar application to the City at any time within
six (6) months of the date hereof, and should their application be
granted, such abandonment and vacation will prevent no other property
owners from access to and from their property; and no other property
owners in the vicinity will be adversely affected.
The above-described property interest is under the control and
jurisdiction of the City Commission of the City of Boynton Beach,
Florida, is not a part of any state or federal highway system, and was
not acquired or dedicated for state or federal highway purposes.
Half of the property sought to be abandoned would belong to 4th Street
LLC and the remaining half would belong to FEC Railroad.
The adjoining property owners have no mortgages on any of the
properties; and the properties are currently free and clear /
JeT/ah
'f.he City 01 Boynton Bebc.h
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
July 3, 2007
Mr. Jeff Tomberg
626 SE 4th Street
Boynton Beach, FL 33435
RE: SE 4th Avenue Abandonment and Railroad R-Q-W
Dear Mr. Tomberg,
The submittal request for the above-referenced project has been reviewed on a preliminary basis
and the findings are as follows: .
The City Engineer has submitted comments based upon the application, the survey and legal
description. I have attached a copy of his comments. Please respond in writing to those
comments and revise the applications and surveys accordingly.
Planning and Zoning requests that the application be revised to indicate the correct type of
abandonment being requested. The application currently requests alley, street and special
purpose easement. Please select the type you are requesting (Street). I have included a new
application, as the one submitted is an outdated version. Provide title opinions for the parcels for
which you are requesting abandonment. Provide copies of sal,~~ contracts or other evidencel5t"
~trol over all parcels abutting those portions of the !jghts-of-w8YfurwhTch~ab'ancfon'm'enns'
bein~ requested..... ~stly,' provld~ revised legal ~.~scri~s otJhe .~~.~ or requeste-d
abandonment o~ disc. ~--_.-.~.""'
L--___~'~--~_.,....
Please timely submit the requested information to keep your request on track. If you have
questions regarding anything contained herein orthe process, please call 561-742-6260.
Sincerely,
Ed Breese
Principal Planner
S:\Planning\SHARED\WP\PROJECTS\SE 4th Street & RR ABAN\Deficiency Ltr.doc
'{?(!,tI..(J)!-4.3-4E-:;(S' - 07-00~- 0030
IIDl ~ nlll ~llllll ~ 111111111111111111111111111111111
....
This instrument prepared by:
Record & Retum to:
CFN 2<21060705358
OR BK 21224 PG 1939
RECORDED 12/21/2006 16:47:24
Palm Beach County, Florida
AltT 325,000.00
Doc Stamp 2,275.00
Sharon R. Bock,CLERK & COMPTROLLER
Pgs 1939 - 1940; (2pgs)
JEFF T~BERG, ESQ.
JEFF-?f9~ERG, J.D., P.A.
/
P. O. B~214f6
BOynton~~h, FL 33425
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THIS W~NTY DEED Made the I~""-day of th-~ A.D. 2006, by
HIDDEN BROOK(@gP., a Florida corporation, hereinafter called the Grantor, whose post office
address is: 65 Spa~l\ River Drive, Ocean Ridge, Florida 33435
(2)0)
to BTW, INC., a FloriM corporation, hereinafter called the Grantee, whose post office address is:
c/o 626 S.E. 4th Street,~~~~on Beach, Florida 33435
WITNESSETH: Th'at-'1He;>Grantor, for and in consideration of the sum of Ten and no/100
Dollars and other valuable c(!);(1f'fderations, receipt whereof is hereby acknowledged, hereby grants,
bargains, sells, aliens, remis ...-J.~l@ases, conveys and confirms unto the Grantee all that certain
land situate in Palm Beach Co .'~ \ State of Florida, viz:
(~~:J
Lot 3, Block B, PENCE SU~SION NO.1, a Subdivision in the City of Boynton Beach,
Florida, according to the Plcktp~eof on file in the Office of the Clerk of the Circuit court in
and for Palm Beach County, F(ofr~\~, recorded in Plat Book 1, Page 33.
(C/)~
Subject to easements, restricti~)~servations and covenants of record, if any,
without serving to reimpose same~~
WARRANTY DEED
TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or
in anywise appertaining.
TO HAVE AND TO HOLD, THE SAME IN FEE SIMPLE FOREVER.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of
said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said
land, and hereby warrants the title to said land and will defend the same against the lawful claims
of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing
subsequent to December 31, 2006.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day
and year first above written
Signed, sealed and delivered in
the presence of:
Book21224/Page1939
Page 1 of 2
'II
.
..
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Signature\7f1f)~itness #1
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Printed name 'Of witness #1
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Printed name of witnes ~
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STATE OF FLORIDA V~'-')
~>o
COUNTY OF PALM BEACH\r~:j~~t)
v;;~,
I HEREBY CERTIFY that(gw this day, before me, an officer duly authorized to administer
oaths and take aCknowledgmentS{~onaIlY appeared CHRISTIANE FRANCOIS, President of
HIDDEN BROOK CORP., a FloridafQr~~ation, known to me to be the person(s) described in and
who executed the foregoing instrume~~~ho acknowledged before me that he executed the same,
that I relied upon the following identifidatiWl of the above-named:
/' ~;:;O~!\
-L. Affiant is personally known~~
HIDDEN BROOK CORP., a Florida
corporation
Bv: c:..-kJidOM/ L~ f1 LS
CHRISTIANE FRANCOIS, President
_ Affiant produced
as identification.
and that no oath was taken.
~
WITNESS my hand and official seal in the County and State last aforesaid this ~ day of
~.... ~
, 2006.
My Commission expires:
Book21224/Page1940
Page 2 of 2
fe/v, ()'b,,~tf3 --1/5-,2'1 -01 ~[J02 -ooC;o
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This instrument prepared by:
Record & Return to:
CFN 20060705355
OR BK 21224 PG 1915
RECORDED 12/21/2006 16:45:47
Pal. Beach County, Florida
AlfT 325,000.08
Doc Stamp 2,275.00
Sharon R. Bock,CLERK & COKPTROLLER
Pgs 1915 - 1918; (4pgs)
JEF~T BERG,ESa.
JEF " . BERG, J.D., P.A.
P. O. ~)1~26
Boynto . r~th, FL 33425
\( (1)\
./! .,/
~I f-.;) WARRANTY DEED
;/;'
\7 (fr, ~ f:h c-'\ r
THIS WA~NTY DEED Made the 1 ( day of ~ A.D. 2006, by
CHRISTIANE ~COIS, a single woman, an undivided one-half interest, and RICHARD R.
FRANCOIS and~~~ L. FRANCOIS, his wife, an undivided one-half interest, hereinafter called the
Grantor, whose p~ce address is: 65 Spanish River Drive, Ocean Ridge, Florida 33435
to BTW, INC., a Flori~borporation, hereinafter called the Grantee, whose post office address is:
626 S.E. 4th Street, BO~Bn Beach, Florida 33435
.:;r:~))
WITNESSETH: Ttkt\~e Grantor, for and in consideration of the sum of Ten and no/100
Dollars and other valuable ~e?~d~. rations, receipt whereof is hereby acknowledged, hereby grants,
bargains, sells, aliens, remi~;;fe,l~ases, conveys and confirms unto the Grantee all that certain
land situate in Palm Beach C~ State of Florida, viz:
( ('\~)
Lot 4, Block B, PENCE ~ISION NO.1, according to the Plat thereof on file in the
Office of the Clerk of the Clf6Jit Court in and for Palm Beach County, Florida, recorded in
Plat Book 1, Page 33; said la~$! situate, lying and being in Palm Beach County, Florida.
<':")1
Subject to easements, restrict~ft?~reservations and covenants of record, if any,
without serving to reimpose sart(ffi:::<~
c.~~
TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or
in anywise appertaining.
TO HAVE AND TO HOLD, THE SAME IN FEE SIMPLE FOREVER.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of
said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said
land, and hereby warrants the title to said land and will defend the same against the lawful claims
of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing
subsequent to December 31, 2006.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day
and year first above written
Signed, sealed and delivered in
the presence of:
Book21224/Page1915
Page 1 of 4
.~~
stgnat~ of witness #1
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;',1 cL~~~~-,~
CHRISTIANE FRANCOIS
LS
Printed. @ of witness #1
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Signature Of\g~lv ess #2
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Printed name 0 ... ss #2
STATE OF FLOR~ 9\
(~I)
'V
COUNTY OF PALM B~H )
I HEREBY CER~~1Q~at on this day, before me, an officer duly authorized to administer
~"
oaths and take acknowledg . s,) personally appeared CHRISTIANE FRANCOIS, a single woman,
an undivided one-half intere ,~n to me to be the person(s) described in and who executed the
foregoing instrument, who ac~~edged before me that he executed the same, that I relied upon
the following identification of th~~~ve-named:
rrJ?
/ Affiant is personally ki\1'6wn.
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_ Affiant produced
as identification.
and that no oath was taken.
'r<-
WITNESS my hand and official seal in the County and State last aforesaid this I r day of
~./41,{~ J ,2006.
~~
Notary Public
My Commission expires:
, .....~-:;,.~~ ROBERTA t.tASSEY
:.~ '.' MY COMMISSION' DO 475168
EXPIRES: January 23. 2010
I!ondId Tlvu Nollly PiJlIic \JndonwIItIs
Book21224/Page1916
Page 2 of 4
Signe~, aled and delivered in
the pee of:
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Signature o~~ ess #1
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STATE OF FLORIDA ~/'h ,---)
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COUNTY OF PALM BEACH \(0}~:
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I HEREBY CERTIFY that ~~ day, before me, an officer duly authorized to administer
oaths and take acknowledgments, P'€i~nally appeared GAIL L. FRANCOIS, known to me to be the
person(s) described in and who exedlfrteti the foregoing instrument, who acknowledged before me
that he executed the same, that I reliJC!~b.on the following identification of the above-named:
~~)
Affiant is personally known~
V Affiant produced FL171 'F{05i1-~t(j-ilt-5.JI-o
as identification.
, ~ /rM(l/)1-(JR)JoLS
-GAIL L. FRANCOIS J
and that no oath was taken.
WITNESS my hand and official seal in the County and State last aforesaid this I2i6 day of
_[}r fl1-, b~r , 2006.
['$4t{Y!r i~
Notary Public
My Commission expires:
. .....
. . ....., NIl. ........
Mrt .. .......
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Book21224/Page1917
Page 3 of 4
Signed, sealed and delivered in
the pre~ce of:
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RICHARD . FRANCOIS
LS
Printed name 0 1ti1~S #1
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Signature witness.
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Printed na e of witnessq:.:;>
C?'\} 0
STATE OF FLORIDA ~~i~j
v;;'<',
COUNTY OF PALM BEACH (Jl:~:J
r?>>
I HEREBY CERTIFY that oHthl~ day, before me, an officer duly authorized to administer
oaths and take acknowledgments, pM$ooally appeared RICHARD R. FRANCOIS, known to me to
be the person(s) described in and w6o?~xecuted the foregoing instrument, who acknowledged
before me that he executed the sam~~~~l relied upon the following identification of the above-
named: (\ //'1\
~...-::=-..;....)
_ Affiant is personally known.
l.//'Affiant produced F~/)L F {p.5~ ~ 7X.[,Id.-III-o
as identification.
and that no oath was taken.
WITNESS my hand and official seal in the County and State last aforesaid this t2H,day of
~CPr\~:R( , 2006.
~ < tQ'
~11 fl W
otary Public
My Commission expires:
......
. ..,NII. .........
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Ca- . "ID_
Book21224/Page1918
Page 4 of 4
PC-rv' Og-tf3-tj5-:J,~ -()7-t}{);2, -OoS-o
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This instrument prepared by:
RECORD & RETURN TO:
JEFF TOMBERG, ESQ.
JEF:iFBERG, J.D., P.A.
626 - . < h Street
P. O. - 426
Boyntoh(, each, FL 33425
\(.:'rf)\ QUIT -CLAIM DEED
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THIS'\9mJ" -CLAIM DEED, Executed t~is -!- -? ~ay of Nove~ber , 2006, by MICHAEL
W. BOWDEW-anR GLORIA K. BOWDEN, his wife, whose address IS: c/o 1622 NE 4th Street,
Boynton Beac~(f~rida 33435, First party, to
y ':::~\
4TH STR~ftC, a Florida limited liability company,
whose postoffice addf~s is, c/o 626 SE 4th Street, Boynton Beach, Florida 33435, Second party
WITNESSETH~~' the said first party, for and in consideration of the sum of Ten and
no/100 Dollars in hand ~~~y the said second party, the receipt whereof is hereby acknowledged,
does hereby remise, rele~~~nd quit-claim unto the said second party forever, all the right, title
interest, claim and demancf\Wf~, . Jhe said first party has in and to the following described lot, piece
or parcel of land, situate, Iyi abeing in the County of PALM BEACH, State of FLORIDA, to-wit:
--,..".-,\
1:-':' ,-',.,
'S" (","'"
Lot 5, Slock "B", PENC~.s~UBDIVISION NO.1, according to the .Plat thereof recorded in
Plat Book 1, Page 33, Pu~~~cords of Palm Beach County, Flonda.
--('r//
\~
Subject to easements, restrict~.s' reservations and covenants of record.
This deed has been prepared a'~\GrantorJs request without examination or legal opinion
of title. \M'^
if'
~.-:-:::o
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity
and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit
and behoof of the said Second party forever.
CFN 20060645097
OR BK 21098 PG 1237
RECORDED 11/17/2006 15:28:27
Pal. Beach County. Florida
A"T 18.M
Doc Staap 8. 71
Sharon R. BocktCLERK & CO"PTROLLER
Pgs 1237 - 1238: 12pgs)
IN WITNESS WHEREOF, The said first party has signed and sealed these presents the day
and year first above written.
Signed, Sealed and Delivered
in the presence of:
!frta..-n~ fl.<~~,
Signature of Witness #1
~ b--l/.L. It( D .4.:> ""'1
Print Name of Witness #1
~ad w.~~
MICHAEL W. BOWDEN
LS
Book21098/Page1237
Page 1 of 2
,.
(tiJh, .f!-hIYrAlr
Signature of Witness #2
~. ?S'4-Odtd-LS
I'GLORIA K. BOWDEN
J~t.-E' #-Ot-UJ/Il P->
Print~m of Witness #2
" //1
STATE~f>fLORIDA
COUN,-y:~ PALM BEACH
/,,\0
I HER~ CERTIFY, that on this day, before me, an officer duly authorized in the State
'v'
aforesaid and'~(n _ e County Aforesaid to take acknowledgments, personally appeared
MICHA 1!... BOWDEN and GLORIA K. BOWDEN, his wife,
to me known to f~e person described in and who executed the foregoing instrument and they
acknowledged be~e that they executed the same, under oath; and as identification
, C\
V Perso~~ known
producef~~~r's License # '
'-.:::::>/..~
WITNESS my handV~Qfficial seal in the County and State last aforesaid this /3r1;;ay of
day of November, A. D.~~:\
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My commission expires:
.,~......~ ROBERTAWASSEY .
!wi ;ti MY COMMISSION. DO 475168-
~......iii EXPlRES:JllllIIlIIY23,2010
"'oIIf.~~" Bmdod ThN NoIIlry PubIc UndorwriIIII
Book21098/Page1238
Page 2 of 2
pr2N or -43 - +5 -d.~ -01- {)O~- 0000
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CFN 20070118449
OR BK 21498 PG 1779
RECORDED 03/09/2007 11:30:03
Palm Beach County. Florida
AIIT 10.00
Doc Sta.p 0.70
Sharon R. Bock,CLERK & COnPTROLLER
Pgs 1779 - 1780; (2pgs)
This instrument prepared by:
RECORD & RETURN TO:
JEFF TOMBERG, ESQ.
JEFF ~BERG, J.D., P.A.
626 ~~ Street
P. O. ~~~rr rt~26
Boyntort'. ch, FL 33425
'\~lP" QUIT -CLAIM DEED
,,;, 0
THIS ~q' -CLAIM DEED, Executed this 27th day of November ,2006, by PENCE
PROPERTIES;~., a Florida corporation, n/kla BTW INC., a Florida corporation (by merger dated
November 13, ~~ whose address is: c/o 626 SE 4th Street, Boynton Beach, Florida 33435 First
party, to { (~);
4th STREEf~ a Florida limited liability company,
\..0'/
l.s
whose postoffice addre~~, 626 SE 4th Street, Boynton Beach, Florida 33435, Second party
\:~"'....-~
WITNESSETH, Th~~ said first party, for and in consideration of the sum of Ten and
no/100 Dollars in hand paid ~1iJe said second party, the receipt whereof is hereby acknowledged,
does hereby remise, release~~~uit-claim unto the said second party forever, all the right, title
interest, claim and demand Wh~:ltl.~ said first party has in and to the following described lot, piece
or parcel of land, situate, lying a~~ing in the County of PALM BEACH, State of FLORIDA, to-wit:
7~ 5'-
t ( ~) v;.r'
Lot 6, Block B, PENCE'S SUBDIVISION NO.1, according to the Plat thereof recorded in Plat
Book 1, Page 33, Public Reco(~of Palm Beach County, Florida.
-"<.:..~
Subject to easements, restrictio~~~~ervations and covenants of record.
'f\~/ f\
/1"
This deed has been prepared at t~ntor's request without examination or legal opinion
of title.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity
and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit
and behoof of the said Second party forever.
IN WITNESS WHEREOF, The said first party has signed and sealed these presents the day
and year first above written.
Signed, Sealed and Delivered
in the presence of:
PENCE PROPERTIES, INC., a Florida corporation
n/kla 8TW INC., a Florida corporation
I~ 'uk ~~~
Signature of Witness #1
By: ~W W.~
MICHAEL W. BOWDEN, President
LS
Book21498/Page1779
Page 1 of 2
.I.
.
.
e
e
Signatu':e~CWitness #2
v: 1m
111) El-')JP-, fJI..CO(nO
Print Name ~~itness #2
"
STATE OF FL~A
COUNTY OF P~'8EACH
\,-" .' ':?
I HEREBY '(~~FY, that on this day, before me, an officer duly authorized in the State
aforesaid and in the ~nty Aforesaid to take acknowledgments, personally appeared
MICHAEL W. sa .~,EN, President of PENCE PROPERTIES, INC., a Florida corporation,
to me known to be the \, v.~ n described in and who executed the foregoing instrument and he
acknowledged before me( \ he executed the same, under oath; and as identification
'::~:;>
~.1> ()
V-Personally kn~n,5~'7'~'
y/);')
Produced Driver'~~~nse #
WITNESS my hand and o;~eal in the County and State last aforesaid this 27th day
<~
of November, A. D. 2006. C:~~J"
~ .-))
{..,' r~
~;.::/)~
\.(""'=>/\
/'"
~~~
(? ~~ 7u .LL.I.'f
Notary Public
My commission expires:
r .,:;,\$I<,'fl' ROBERTAMASSEY
!if;>>' MYCOMMISSION.DD475168
~. ~... ._ . EXPIRES: January 23, 2010
1! "~'"'' 8oodId1l1ru~",*_
/ :.i,P,f,..,
Book21498/Page1780
Page 2 of 2
Pc,) ,O?; ~ q. '3 -4:5 -::t? - og - 000 - DO cf 0
In~m~~~m~~~~~W~I~mflmll
This instrument prepared by:
RECORD & RETURN TO:
JEFF TOMBERG, ESQ.
JEFFiiMBERG, J.D., P.A.
626~, l th Street
P. O. 426
Boynt6~~ach, FL 33425
\-::/ ~,
\J ~ ' ()\
'~i'/
THI~T-CLAIM DEED, Executed this _d.?~day of November ,2006, by MICHAEL
W. BOWDEj(Jjnd GLORIA K. BOWDEN, his wife, whose address is: c/o 1622 NE 4th Street,
Boynton Beac~~~da, First party, to
4TH STR~;g~C, a Florida limited liability company,
....<:
whose postoffice ad~ is, c/o 626 SE 4th Street, Boynton Beach, Florida 33435, Second party
'(s
WITNESSETH, ~.~he said first party, for and in consideration of the sum of Ten and
no/100 Dollars in hand p~~~ the said second party, the receipt whereof is hereby acknowledged,
does hereby remise, rele~gfld quit-claim unto the said second party forever, all the right, title
interest, claim and .demand. ~~~e .sai~ first party has in and to the following described lot, piece
or parcel of land, situate, IYln~~tielng In the County of PALM BEACH, State of FLORIDA, to-wit:
Yi~~)'
Lot four (4) ,and Lot five (~~~UNSET COURT, a subdivision of Lots seven (7) and eight
(8), Block B, PENCE'S SUBIp)VtsION NO.1, Plat Book 11, Page 29, City of Boynton Beach,
Palm Beach county,. Florida, a~l~forded in the records of the Clerk of the Circuit court, Palm
Beach County, Flonda. \::o;.~:."
( .' ))
/-~/ ,,-:-
._...../~
Subject to easements, restrictiofJS~Rervations and covenants of record.
/1'
~-==-~
This deed has been prepared at the Grantor's request without examination or legal opinion
of title.
CFN 200E.OE.561.SlH
OR BK 21119 PG 1551
RECORDED 11/27/2006 12:46:37
Pal. Beach County, Florida
AltT 227,000.00
Doc Stamp 1,589.00
Sharon R. Bock,CLERK & COKPTROLLER
Pgs 1551 - 1552; (2pgs)
QUIT-CLAIM DEED
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity
and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit
and behoof of the said Second party forever.
IN WITNESS WHEREOF, The said first party has signed and sealed these presents the day
and year first above written.
Signed, Sealed and Delivered
in the presence of:
I? ,.&.,-1;~ ~ ..14-"(1-
Signature of Witness #1
Lw/w,~
MICHAEL W. BOWDEN
LS
Book21119/Page1551
Page 1 of 2
-.... . .,
X.. A;tH.~~
Print \-)~ ~f ~ness #1
, ,.
.,{ ~ LS
Signature of ~tness #2
() ":?@ .
''''oc;e. ~f\~ ~uQ.(e'Z-
Print Name of ~~s #2
STATE OF FLOR~~~
COUNTY OF PALNF ~Et\CH
,0;)
\:s
I. HERE!3Y CERTI~' that on. this day, before me, an officer duly authorized in the State
aforesaid and In the CO!;t1.,.; foresald to take acknowledgments, personally appeared
MICHAEL W. BO ' , and GLORIA K. BOWDEN, his wife
to me known to be the per ~:pescribed in and who executed the foregoing instrument and they
acknowledged before me th~~\executed the same, under oath; and as identification
~ '\....
\{" 5'} ,..)
if' Personally know~'~/.())
~,'
?:::)~
tf-.;',r ,,/
Produced Driver's LiOe'nse #
'~
WITNESS my hand and offiCia~(,~~,~ in the County and State last aforesaid this .221ay of
November , A. D. 2006. ;;:~
\-'\',;::::~"'h
,r
(~~~
GLORIA K. BOWDEN
I?".I<-u~~ ~1
Notary Public .
My commission expires:
ROBERTA IIAAStlEY
MY COMMISSION I DO 475168
EXPIRES: Jaooary 23. 2010
lIondId ThIll ~ PIdc lJndondIII
Book21119/Page1552
Page 2 of 2
PeAl 0'%-4: 3 -45 -:J? -01- 002 - 0092-
'I ~ III RIDlI m ~ 11111 ~ n I m I R' I
This instrument prepared by:
RECORD & RETURN TO:
JEFF TOMBERG, ESQ.
JEFF T~BERG, J.D., P.A.
626 ~~h Street
P. O. ~~426
BOyntoi\~~h, FL 33425 QUIT-CLAIM DEED
",( ()\
'U,/ .
THIS 9!JN -CLAIM DEED, Executed this) 11':. day of November , 2006, by
MICHAEL ~~WDEN and GLORIA K. BOWDE'f\J, his wife, whose address is: c/o 1622 NE
4th Street, B6yhtQ!l Beach, Florida, First party, to
\C>)
4TH STR'5ft')LLC, a Florida limited liability company,
\- ' " '-->
'-;;::" -s
whose postoffice a~r~s is, c/o 626 SE 4th Street, Boynton Beach, Florida 33435, Second
party ~;)
WITNES~ETH, ~1re said fi~st party, for and in consi?eration of t.he sum of Ten and
.no/100 Dollars In hand paid::tw the said second party, the receipt whereof IS hereby
acknowledged, does here~)f!l~e, release and quit-claim unto the said second party forever,
all the right, title interest, cla~f;l,q demand which the said first party has in and to the following
described lot, piece or parcel Qf'~~, situate, lying and being in the County of PALM BEACH,
State of FLORIDA, to-wit: v ~~
W
Lots 6, 7, 8, 9 and 10, SU COURT, according to the Plat thereof on file in the
Office of the Clerk of the Circ~~ourt in and for Palm Beach County, Florida, recorded in
Plat Book 11, Page 29, Public ~~rds of Palm Beach County, Florida.
~:::.~}~
and \;;Q},
~
West 50' of the East 120' of the North 10' of Lot 9, Block "B", PENCES SUBDIVISION
NO.1, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in
and for Palm Beach County, Florida recorded in Plat Book 1. Page 33, as in Deed Book
931, Page 430, Public Records of Palm Beach County, Florida, which includes: Beginning
at the Northeast Corner of Lot 9, Block "B", PENCES SUBDIVISION NO.1, to the Town
of Boynton, being that part of the Southeast 1/4 of Northeast 1/4 of Section 28,
Township 45 South, Range 43 East, lying East of Railway as recorded in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, and run West along said Lot
Line 70 feet to a point; thence run South 10 feet to a point; thence East along said Lot
Line to a Point of Beginning, intending hereby to describe a 10 foot Southerly extension
of Lot 8 of Sunset Court Sub-Division of Lots 7 and 8 of Pences Subdivision to the Town
of Boynton, Palm Beach County, Florida.
CFN 20060646092
OR BK 21098 PG 1199
RECORDED 11/17/2I8G 15:27:.
Pal. Beach County. Florida
AJlT HJ. 08
Doc sta-.p 1.7.
Sharon R. Bock,CLERK & COMPTROLLER
Pgs 1199 - 1211; (2pgs)
Subject to easements, restrictions, reservations and covenants of record.
P.C.N. 08 43 45 28 08 000 0060
08 43 45 28 08 000 0080
08 43 45 28 07 002 0092
Book21098/Page1199
Page 1 of 2
This deed has been prepared at the Grantor's request without examination or legal
opinion of title.
~A VE AND TO HOLD the same together with all and singular the appurtenances
ther 0 elonging or in anywise appertaining, and all the estate, right, title, interest, lien,
equity claim whatsoever of the said first party, either in law or equity, to the only proper
use, be' ~nd behoof of the said Second party forever.
\(-ff)\
\U;V
IN WIl::t;fESS WHEREOF, The said first party has signed and sealed these presents the
day and yeci('~t above written.
''d...; v
"
Signed, Sealec:f'\"'~ Delivered
in the presence W5'l
\_O.,r_
r> '--;;;<y/
'~<~
Signature of Witness )
-y; /J/lU":"
f)ebul CL. ()Vl~~~
Print ~,ame of Wrtness #1~~,,? , _ J. .a
(j~lD/J~{JR(!;\ ~ q{ ~
Signature of Witness #2 ~~!::~ GLORIA K. BOWDEN
b1 ( {^\~~
f-\ j)t:Lt? H-t/J-CL> tAIl ~~
Print Name of Witness #2 "y
<<~
~~TN~~~L~A~~ABEACH ((~=~
'\''A\, ))
'~ ~/ f\
/f"
I HEREBY CERTIFY, that on this ~efore me, an officer duly authorized in the State
aforesaid and in the County Aforesaid to take acknowledgments, personally appeared
MICHAEL W. BOWDEN and GLORIA K. BOWDEN, his wife
to me known to be the person described in and who executed the foregoing instrument and they
acknowledged before me that they executed the same, under oath; and as identification
~tdu/,~
MICHAEL W. BOWDEN
LS
LS
V Personally known
Produced Driver's License #
WITNESS my hand and official seal in the County and State last aforesaid this /.3 ~y
of November A. D. 2006.
13t~h..- ~i~
Notary Public '
'J::&. ROBERTA MASSEY
l~ MY COMMISSION ~ on 475168
- EXPIRE!;: January 23. 20'0
IlondOdllvll NoWy Ptde lJnOoIlI/OilIIO
Book21098/Page1200
Page 2 of 2
f(j~ 03- Lf3 -Lts -:2'? - 0 <6 -ODD - CO 00
.l *' - .,-
'1IIIIRlllllnllllml~lIlmIDII
This instrument prepared by:
RECORD & RETURN TO:
JEFF TOMBERG, ESQ.
JEFF T~BERG, J.D., P.A.
626 ~~~h Street
P. O. ~426
Boynto~~~h, FL 33425 QUIT-CLAIM DEED
\(-.((")\
f [J '1/
THIS' 9!JA" -CLAIM DEED, Executed this ) ~ ~ day of November , 2006, by
MICHAEL ~~WDEN and G~ORI~ K. BOWDEN, his wife, whose address is: c/o 1622 NE
4th Street, Boyhtq!l Beach, Florida, First party, to
\('.?)
4TH STR5ff)'\LLC, a Florida limited liability company,
\.:.-..'~
whose postoffice a~~s is, c/o 626 SE 4th Street, Boynton Beach, Florida 33435, Second
party ~
WITNESSETH, ~0';)A e said first party, for and in consideration of the sum of Ten and
,no/100 Dollars in hand p~kf' the said second party, the receipt whereof is hereby
acknowledged, does herel:i ~~e, release and quit-claim unto the said second party forever,
all the right, title interest, cla~nq demand which the said first party has in and to the following
described lot, piece or parcel Qf~, situate, lying and being in the County of PALM BEACH,
State of FLORIDA, to-wit: V((\2)
~-:::-- "-
7/jV -'
Lots 6, 7, 8, 9 and 10, SUN&€( COURT, according to the Plat thereof on file in the
Office of the Clerk of the Circ~ourt in and for Palm Beach County, Florida, recorded in
Plat Book 11, Page 29, Public "t2~rds of Palm Beach County, Florida.
-;:>?--
and ~~~
//0
~
CFN 2006064E.092
OR BK 21098 PG 1199
RECORDED 11/17/2886 15:27:fJ0
Pal. Beach CountYt Florida
!)IT 18.M
Doc Staap 8. 78
Sharon R. Bock,CLERK & COMPTROLLER
Pgs 1199 - 1211; (2pgs)
West 50' of the East 120' of the North 10' of Lot 9, Block "B", PENCES SUBDIVISION
NO.1, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in
and for Palm Beach County, Florida recorded in Plat Book 1, Page 33, as in Deed Book
931, Page 430, Public Records of Palm Beach County, Florida, which includes: Beginning
at the Northeast Corner of Lot 9, Block "B", PENCES SUBDIVISION NO.1, to the Town
of Boynton, being that part of the Southeast 1/4 of Northeast 1/4 of Section 28,
Township 45 South, Range 43 East, lying East of Railway as recorded in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, and run West along said Lot
Line 70 feet to a point; thence run South 10 feet to a point; thence East along said Lot
Line to a Point of Beginning, intending hereby to describe a 10 foot Southerly extension
of Lot 8 of Sunset Court Sub-Division of Lots 7 and 8 of Pences Subdivision to the Town
of Boynton, Palm Beach County, Florida.
Subject to easements, restrictions, reservations and covenants of record.
P.C.N. 08 43 45 28 08 000 0060
08 43 45 28 08 000 0080
08 43 45 28 07 002 0092
Book21098/Page1199
Page 1 of 2
" .... -
This deed has been prepared at the Grantor's request without examination or legal
opinion of title.
aA VE AND TO HOLD the same together with all and singular the appurtenances
ther~t6) elonging or in anywise appertaining, and all the estate, right, title, interest, lien,
equity claim whatsoever of the said first party, either in law or equity, to the only proper
use, be' iiind behoof of the said Second party forever.
V::'{Q\
\Uj/
IN Wr(~ESS WHEREOF, The said first party has signed and sealed these presents the
day and yeal(~t above written.
',./
<,
Signed, Sealecf("'~ Delivered
in the presence bf'r5"1
r> \:~<
f/~~.z-, ~
Signature of Witness '
--.J<. D bu.f a..- tl1~-$ ~
Ponl ~,ame of Wrtness # ~'? , ~. /J
(j ~ tp /Jff-tj)~.$~l~~\ ~ q{ I~
Signature of Witness #2 ~~:;~~.) GLORIA K. BOWDEN
(/{?)
/1. j)PLt2 Hot-eo W1. r!}f?7~
Print Name of Witness #2 "'7
;:71
((~-,
<<;-)1
(j)~
-~/~
/(-'~) )
\~^
/("'
I HEREBY CERTIFY, that on this ~efore me, an officer duly authorized in the State
aforesaid and in the County Aforesaid to take acknowledgments, personally appeared
MICHAEL W. BOWDEN and GLORIA K. BOWDEN, his wife
to me known to be the person described in and who executed the foregoing instrument and they
acknowledged before me that they executed the same, under oath; and as identification
~tdu/.~
MICHAEL W. BOWDEN
LS
LS
STATE OF FLORIDA
COUNTY OF PALM BEACH
V Personally known
Produced Driver's License #
f/1.-
WITNESS my hand and official seal in the County and State last aforesaid this ~ day
of November A. D. 2006.
~:zL ~A~
Notary Public "
, '1m... ROBERTA MASSEY
. l~ MY COMMISSION t DO 475168
1*: - EXPIRES: JanuaI)' 23. 2010
Bcndod l1vu NolIlIY PIdC Un<l>......
Book21098/Page1200
Page 2 of 2
P(!tJ 0<6 -q 3 -+5 -E -0 2(- ODD -00'60
1lllllnlllGIII D~I I mmnll
This instrument prepared by:
RECORD & RETURN TO:
JEFF TOMBERG, ESQ.
JEFF T~BERG' J.D., P.A.
626 ~~: h Street
p, O. ~ 1426
BOynto~\.-~~h, FL 33425 QUIT-CLAIM DEED
-.t;',(ri\
! f } ~t/
THrsl gyt5r -CLAIM DEED, Executed this ) ~ 110:. day of November , 2006, by
MICHAEL W~WDEN and GLORIA K. BOWDEN, his wife, whose address is: c/o 1622 NE
4th Street, BoyhtQ,!1 Beach, Florida, First party, to
\C/)
4TH STR'5fT))LLC, a Florida limited liability company,
\:'--,;0---.>
whose postoffice ~~~s is, c/o 626 SE 4th Street, Boynton Beach, Florida 33435, Second
party ~
WITNESSETH, ~~{te said first party, for and in consideration of the sum of Ten and
,no/100 Dollars in hand patd::tw the said second party, the receipt whereof is hereby
acknowledged, does here~)ftl~e, release and quit-claim unto the said second party forever,
all the right, title interest, cla~:r:l(;J demand which the said first party has in and to the following
described lot, piece or parcel Qf~~, situate, lying and being in the County of PALM BEACH,
State of FLORIDA, to-wit: ~~~~
Lots 6,7, 8, 9 and 10, SU~ COURT, according to the Plat thereof on file in the
Office of the Clerk of the Circ~ourt in and for Palm Beach County, Florida, recorded in
Plat Book 11, Page 29, Public'~rds of Palm Beach County, Florida.
'~.--'/~
' (-"
and "'^::? f\
~
West 50' of the East 120' of the North 10' of Lot 9, Block "B", PENCES SUBDIVISION
NO.1, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in
and for Palm Beach County, Florida recorded in Plat Book 1, Page 33, as in Deed Book
931, Page 430, Public Records of Palm Beach County, Florida, which includes: Beginning
at the Northeast Corner of Lot 9, Block "B", PENCES SUBDIVISION NO.1, to the Town
of Boynton, being that part of the Southeast 1/4 of Northeast 1/4 of Section 28,
Township 45 South, Range 43 East, lying East of Railway as recorded in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, and run West along said Lot
Line 70 feet to a point; thence run South 10 feet to a point; thence East along said Lot
Line to a Point of Beginning, intending hereby to describe a 10 foot Southerly extension
of Lot 8 of Sunset Court Sub-Division of Lots 7 and 8 of Pences Subdivision to the Town
of Boynton, Palm Beach County, Florida.
CFN 2006064&092
OR BK 21098 PG 1199
RECORDED 11 /1712t!l8G 15:27: 1(11
Pal. Beach County. Florida
AllY 11.08
Doc Sta.-p 1.71
Sharon R. Bock,CLERK & CO!PTROLLER
Pgs 1199 - 1211; (2pgs)
Subject to easements, restrictions, reservations and covenants of record.
P.C.N. OB 43 45 2B 08 000 0060
08 43 45 2B 08 000 0080
08 43 45 28 07 002 0092
Book21098/Page1199
Page 1 of 2
This deed has been prepared at the Grantor's request without examination or legal
opinion of title.
i!A VE AND TO HOLD the same together with all and singular the appurtenances
ther~' elonging or in anywise appertaining, and all the estate, right, title, interest, lien,
equity claim whatsoever of the said first party, either in law or equity, to the only proper
use, be' ~nd behoof of the said Second party forever.
'\(; (1)\
\ur--
IN \Nr'(~s WHEREOF, The said first party has signed and sealed these presents the
day and yea?;fiif)t above written.
,v ,V"
,./
"-.
Signed, Seale~,Delivered
in the presence ~;7)
\' ' .
,r;~ ~;?:s
Signature of Wrt~
~ 1_, ~~
e f:)U -I- 0- =, :~ ~
Print ~rme of Witness #1~~:;, D.~' ~
(j~lD /J~(l~~i ~ q{
Signature of Witness #2 '\i~{:;~ GLORIA K. BOWDEN
b1 (1"\1
f-\ j)t::"L t? Hbt-c..o J4Il ~;:>>
Print Name of Witness #2 '<.7
'/7)
((r,
r ,_"\
((j/~
..._~/::<..
/("'))
\(lc;!./ ^
/f"
I HEREBY CERTIFY, that on this ~4:>efore me, an officer duly authorized in the State
aforesaid and in the County Aforesaid to take acknowledgments, personally appeared
MICHAEL W. BOWDEN and GLORIA K. BOWDEN, his wife
to me known to be the person described in and who executed the foregoing instrument and they
acknowledged before me that they executed the same, under oath; and as identification
~tda/'~
MICHAEL W. BOWDEN
LS
LS
STATE OF FLORIDA
COUNTY OF PALM BEACH
v Personally known
Produced Driver's License #
WITNESS my hand and official seal in the County and State last aforesaid this / 3~y
of November A. D. 2006.
!2t~;t~ <;u~
Notary Public '
(EJ'J::1'o. ROBERTA MASSEY
. l~ MY COMMISSION ~ DO 475168
: ;'1 EXP1RE!:i: January 23, 2010
., Bandod l1vu NeWt PttiC \In<)I/WritoII
-lit. .
Book21098/Page1200
Page 2 of 2
LAW OFFICES OF
JEFF TOMBERG, J.D., P.A.
P.O. Box 1426
626 S.E. 4th Street
Boynton Beach, Florida 33435
Jeff Tomberg
Board Certified Civil
Trial Lawyer
August 22, 2007
(561) 732-6488
(561) 737-1345
FAX: (561) 734-8971
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 070-005) 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 of 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 reasonable accommodate your request.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
. 01/26/2002 00: 39
I'
5617426259
PLANNING
PAGE 04
--
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LAW OFFICES OF
JEFF TOMBERG, J.D., P.A.
P.O. Box 1426
626 S.E. 4th Street
Boynton Beach, Florida 33435
Jeff Tomberg
Board Certified Civil
Trial Lawyer
August 22, 2007
(561) 732-6488
(561) 737-1345
FAX: (561) 734-8971
e-mail: piatty@yahoo.com
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
segment of S.E. 4th Avenue (ABAN 070-004) 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 of 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 reasonable accommodate your request.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-089
TO: Chair and Members
Community Redevelopment Agency Board
THRU: Michael W. Rumpf
Planning and Zoning Director
FROM: Ed Breese
Principal Planner
DATE: May 25, 2005
SUBJECT: Abandonment of a segment of the 30-foot right-of-way of Railroad Avenue
(adjacent to 415 SE 5th Avenue)
ABAN 05-002
NATURE OF REOUEST
Ms. Jeanne Heavilin of Salefish Realty, agent for James Ploen, is requesting to abandon a portion of an unimproved
30-foot right-of-way, located on the north side of SE 5th Avenue. This unimproved right-of-way is situated between
a small parcel of land to the east (owned by Mr. Ploen) and the Florida East Coast (FEe) Railroad to the west. The
abandonment request was formally submitted on March 23, 2005. The platted right-of-way subject to this specific
request is 30 feet wide and approximately 77 feet long. It is described as follows:
A portion of Railroad Avenue as recorded by Pence Subdivision No.1 in Plat Book 1, Page 33, of the Public
Records of Palm Beach County, Florida, said land to be abandoned are described as follows:
That portion of Railroad Avenue being described as bounded on the South by the South line of Lot 11, Block
"B" (North right of way line of S.E. 5th Avenue), as shown in the above mentioned subdivision of Pence;
bounded on the North by the North line of Lot 11, Block "B" bounded on the East by the West line of Lot 11,
Block "B", bounded on the West by the East right of way line of the Florida East Coast Railroad right of way,
as shown by the Plat of Pence Subdivision No.1, recorded in Plat book 1, Page 33, of the Public Records of
Palm Beach County, Florida.
Subject to a 30 foot utility easement.
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 -
513 and 515 SE 4th Street, zoned Community Commercial (C-3);
Right-of-way for SE 5th Avenue, and farther south City-owned property (Pence Park),
zoned Recreation (REe);
421 SE 5th Avenue, a single family house, zoned Community Commercial (C-3); and
South -
East
West -
Right-of-way for the FEC Railroad, then farther west is A.A.M. Industries, Inc., zoned
Light Industrial (M 1).
Page 2
Memorandum No. PZ 05-089
ABAN 05-002
BACKGROUND
The subject abandonment request is for a segment of the 3D-foot unimproved Railroad Avenue right-of-way, that
fronts on 5th Avenue South and runs northward for a distance of approximately 77 feet. That segment of Railroad
Avenue, located immediately north of the subject right-of-way, was previously abandoned to the properties
immediately north of this parcel (513 and 515 SE 4th Street) in October of 1994, by Resolution 94-171. The 1994
abandonment left only this 77-foot long segment of the unimproved Railroad Avenue right-of-way running south to
SE 5th Avenue, adjacent to the applicant's (Mr. Ploen) property.
ANALYSIS
When a right-of-way, 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, 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. Since the FEC Railroad is immediately to
the west, fifteen (15) feet of unimproved Railroad Avenue would be conveyed to the Railroad and fifteen (15) to the
applicant, Mr. Ploen. This does not prohibit the two property owners from working out an agreement amongst
themselves after the abandonment is completed by the City, as at that point in time it is a private transaction
involving private property. 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. The applicant requesting this
abandonment is the owner of the property to the east, Mr. James E. Ploen.
A summary of the responses from the utility companies and city staff is noted as follows:
CITY DEPARTMENTS/DIVISIONS
Engineering
Approval with conditions (see Exhibit "C" - Conditions of Approval) or
Suggestion of an alternate method (Revocable License Agreement)
No objection
No objection
Public Works / Utilities
Planning and Zoning
PUBLIC UTILITY COMPANIES
Florida Power and Light
BellSouth
Florida Public Utilities Company -
Cable Company (Adelphia)
Cable Company (Comcast)
No objection
Approval with conditions (see Exhibit "C" - Conditions of Approval)
No objection
No objection
N/A
Excluding BellSouth, all public utility providers have indicated that they have no objection to the applicant's request
for abandonment and BellSouth, due to an active buried telecommunication cable in the right-of-way, will provide a
letter of no objection with the provision of the necessary easement for the buried cable (see Exhibit "C" -
Conditions of Approval). Additionally, in support of BellSouth, the Engineering Division is also requiring
establishment of a utility easement to preserve access to BellSouth utility lines. The Engineering Division has also
suggested an alternative method to abandonment, in the form of a Revocable License Agreement, which would
allow the applicant use of this unimproved right-of-way, while the City maintains ownership. Under this agreement,
no structures could be constructed over the right-of-way subject to the license.
Page 3
Memorandum No, PZ 05-089
ABAN 05-002
RECOMMENDATION
Staff has determined that the subject right-of-way does not serve a public purpose, 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\415 SE 5th Avenue Aban\ABAN 05-002\Staff Report.doc
DEPARTMENT OF DEVELOPMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 07-
TO:
Janet Prainito
City Clerk
FROM:
Michael W. Rumpf
Director of Planning and Zoning
DATE:
June 10, 2007
RE:
Boynton Bay
LUAR 07-001
Accompanying this memorandum you will find one (1) copy of the application and related
documents for the above-reference application. The application fees for staff processing and
review have been forwarded to the Finance Department.
A legal advertisement for same has been prepared for the July 24, 2007 Planning and
Development Board meeting and the City Commission/ Local Planning Agency Public Hearing
on August 21, 2007 and will be forwarded to your office after review by the City Attorney.
xc: Central File
Attachments
REQUEST FOR PUBLISHING
PUBLIC NOTICES, LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a Legal
Notice or Legal Advertisement published and must be submitted to the Office of the City
Attorney two working days prior to the newspaper's ad submittal deadline.
ORIGINATOR: Plannina and Zonina
PREPARED BY: Michael Rumpf
DATE PREPARED: Mav 4, 2007
BRIEF DESCRIPTION OF NOTICE OR AD: Land Use Amendment and Rezonina and
Master Site Plan for Bovnton Bav, Bovnton Beach, FL
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section
Placement, Black Border, etc.)
2 col x 10" (minimum) size 18 pt (minimum) headline Ad for Plannina and Development
Board meetina on JulV 24,2007 at 6:30 p.m. and LPAlCitv Commission meetina of
Auaust 21,2007, p.m. NOT placed in Leaal Ads or Classified Ads sections
SEND COPIES OF AD TO: Newspaper, applicants and Plannina and Zonina Director.
NEWSPAPER(S) TO PUBLISH: The Post
DATE(S) TO BE PUBLISHED IN NEWSPAPER: Julv 14, 2007 and Julv 24,2007
APPROVED BY:
(1 )
(Originator)
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
PLEASE SEND COPIES OF PROOF OF PUBLICATION TO PLANNING & ZONING DIVISION