07-030
Return to: (enclose self-addressed stamped e""elope)
[~~D~~~~~NIIIIII~IIIII
-Name:
Address:
CFU ~20U 704'3717'7
O~ ~K 22216 PG 0306
RECUfcl)[() 10/29/2007 10:24:40
Palm beach County, Florida
5harcn F~. Bock, CLERK & CO"PTROLlER
Pgs 0:106 - J09; (4pgs)
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ORDINANCE NO. 07- D30
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING ABANDONMENT
OF THE WEST ONE-HALF OF SE 4TH AVENUE, A 20
FOOT WIDE BY 122 FOOT LONG RIGHT-OF-WAY,
LOCATED BETWEEN RAILROAD AVENUE AND SE
4TH STREET, SUBJECT TO STAFF COMMENTS;
AUTHORIZING THE CITY MANAGER TO EXECUTE
A DISCLAIMER, WHICH SHALL BE RECORDED
WITH THIS ORDINANCE IN THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Jeff Tomberg is requesting that the City abandon a 20 foot wide by 122
foot long right-of-way located between Railroad Avenue and Southeast 4th Street (adjacent to
416-417 SE 4th Avenue), subject to staff comments; and
WHEREAS, comments have been solicited from the appropriate City Departments, and
public hearings have been held before the City's Community Redevelopment Agency, and the
City Commission on the proposed abandonment; and
WHEREAS, staff finds that the right-of-way no longer serves a public purpose, and the
City Commission adopts that finding.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
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Section 2. The City CommIssIOn of the City of Boynton Beach, Florida, does hereby
ahandon a 2el fact wid~ by 122 [00t !ang right'l'f-'Nay 10cated betv:een Railroad Avenue and
Southeast 4th Street (adjacent to 416-417 SE 4th Avenue), subject to staff comments. The
property being abandoned is more particularly described as follows:
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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.
S:\CA rdlnanceslAbandonmenlslSE 4th Avenue.doc
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II
Said lands lying in the city of Boynton Beach, Palm Beach County, Florida,
containing approximately 0.06 acre (2,448 square feet) more or less.
A location map is attached hereto as Exhibit "A."
Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
of Palm Beach County, Florida.
Section 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this -LL- day of ()c.TO BE R , 2007.
SECOND, FINAL READING AND PASSAGE THIS ~day of OcrDBER,
2007.
CITY OF BOYNTON BEACH, FLORIDA
Commissioner - Carl McKoy
ATTEST:
S:ICA rdinanceslAbandonmenlslSE 4th Avenue.doc
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City
of Boynton Beach, Florida, does hereby abandon a 20 foot wide by 122 foot long right-of-
way located between Railroad Avenue and Southeast 4th Street (adjacent to 416-417 SE 4th
Avenue), subject to staff comments. The property being abandoned is 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.
Said lands lying in the city of Boynton Beach, Palm Beach County, Florida,
containing approximately 0.06 acre (2,448 square feet) more or less.
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
Beach, Florida, have hereunto set their hands and affixed the seal of the City this _
day of , 2007.
ATTEST: CITY OF BOYNTON BEACH, FLORIDA
Janet M. Prainito Kurt Bressner, City Manager
City Clerk
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton
Beach, Florida, known to me to be the persons described in and who executed the
foregoing instrument, and acknowledged the execution thereof to be their free hand and
deed as such officers, for the uses and purposes mentioned therein; that they affixed
S:ICAIOrdinanceslAbandonmentslSE 41h Avenue.doc
thereto the official seal of said corporation; and that said instrument is the act and deed of
said corporation.
WITNESS my hand and official seal in the said State and County this _ day of
,2007.
NOT AR Y PUBLIC, State of Florida
My Commission Expires:
S:\CAIOrdinanceslAbandonmenlsISE 4th Avenue.doc
Exhibit "N' - Location Map
ABAN 07-004, ABAN 07-005
Iy
SE 3RD AVENUE
40 20 0
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40
80 120 160
I Feet
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Joseph M.Tucklr. ~.L..S.
EXHIBIT "B"
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 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 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 A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF
LOT 6, (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY THE NORTH LINE OF LOT 5, (EXTENDED
WESTERLY); BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 5, AND 6, BOUNDED ON THE WEST BY THE
EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY, ALL AS SHOWN BY THE
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 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 DESCRIPTION AND TIIE ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN '
ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G176, FLORIDAA[)MlNISTRATIVE CODE, SET FORTH .
BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA: I
STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS THE:
SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, TIllS DRAWING,
SKETCH, P AT OR MAP IS FdR lNFORMATION PURPOSES O~ Y AND IS NOT VALID
'U
.5. ~ef / of' Z
LB 2102 .
Joe Tucker
. NOTE: nrrs IS NOT A SKETCH OF SURVEY, Bur ONLY A GRAPHIC DEPICTIONS
OF 1BE DESCRIPTION SHOWN HEREON, lliERE HAS BEEN NO FlELD WORK
VlEWING OF lliE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION. .
WTIH lliE PREPARATION OF TIllS INFORMATION SHOWN HEREON.
NOTE: LANDS SHOWN HEREON WERE NOT ABS1RACTED BY 1BE SURVEYOR
FOR RlGHTS OF WAYS, EASElv.!ENTS OR RESER VA TIONS OF RECORD
Phone:
oBoca (561)391~
Boynton (561) 737-0546
FAX (561) 734-7546
JOSEPH M. TUCKER. P.LS.
219 S.E. 23nl Aw.. P.O. Box 759 '
Boynlon Beach, FL 33435 '
EXHIBIT "C"
Conditions of Approval
Project Name: Abandonment of a segment of the 20-foot right-of-way of SE 4th Avenue
File Number: ABAN 07 -004
I DEP ARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
1. All existing city utilities (water and wastewater conduits) must be relocated X
ifit is the intent to continue their functional purposes in S.E. 4th Avenue, or
abandoned (and agreed to by the Utilities Department).
2. All utility services within this project shall be relocated at the applicant's X
cost. This is reflected in the projected right-of-way for conceptual S.E. 3rd
A venue which has electrical service.
3. The abandonment of this 20-foot street right-of-way (S.E. 4th Avenue) shall X
be so designated on a required new boundary plat prior to the issuance of a
Land Development permit for future development of the property.
4. As required after site plan approval, the proposed new development shall X
generate and submit a boundary record plat (as a minimum) to reflect the
area contained therein, the easements for utilities and storm drainage
systems, the abandonment(s) of right-of-ways (after action by the City
Commission via ordinances), L.A.E. 's, access 10cation(s), etc.
BUILDING DIVISION
Comments: None X
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
PUBLIC UTILITY PROVIDERS
Comments:
5. There shall be two (2) four-inch (4") Schedule-40 PVC conduits required to X
be installed along the northernmost ten-feet (10') of the current right-of-way
of Southeast 4th Avenue, between Southeast 41h Street and westerly to the
Florida East Coast Railroad right-of-way.
6. The above-mentioned ten-feet (10') shall be recorded and delivered to X
Bellsouth Telecommunications, Inc. as a utility easement.
7. Should there be any relocation or adjustments of Bellsouth' s facilities X
associated with this project, those costs would be the responsibility of the
property owner.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
8. Remove burned structure on adjacent property within 90 days from the date X
of CRA action.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WP\PROJECTS\SE 4TH Street & RR ABAN\ABAN 07-004 SE 4th Ave\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
SE 4th Avenue Abandonment (ABAN 07-004)
APPLICANT'S AGENT:
Mr. Jeff Tomberg for 4th Street LLC
626 SE 4th Street, Boynton Beach, FL 33435
AGENT'S ADDRESS:
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 16, 2007
TYPE OF RELIEF SOUGHT: Request to abandon a segment of the 20-foot right-of-way of SE 4th
Avenue
LOCATION OF PROPERTY: West of Railroad Avenue and East of SE 4th Street
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other:
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\SE 4th Street & RR ABAN\ABAN 07-045 SE 4th Ave\DO.doc
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Exhibit "A" - Location Map
ABAN 07-004, ABAN 07-005
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