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SE 4th Avenue ABAN 07-004 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA I Devolopment 'P & Z Building Engineering Occ. License Deputy City Clerk PROJECT NAME: SE 4th Avenue Abandonment (ABAN 07-004) AGENT'S ADDRESS: Mr. Jeff Tomberg for 4th Street LLC 626 SE 4th Street, Boynton Beach, FL 33435 APPLICANT'S AGENT: 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 V"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 vGRANTED 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: {O-/(p - 07 p~ S:\Planning\SHARED\WP\PROJECTS\SE 4th S · Exhibit "A" - Location Map ABAN 07-004, ABAN 07-005 40 20 0 r--,-_ 40 80 120 160 I Feet ~ w w 0::: ~ en J: ~ 'll:t W en N ~ W~~E S Joseph M.Tucker. P.LS. EXHIBIT "B" 80UNOARY SURVEYS MORTGAGE SURVEYS CONSTRUCTION LA YOUT 219 S.E. 23rd AVENUE - P.O. BOX 759 . BOYNTON BEACH, FLORIDA 33435 BOYNTON BEACH Phone (561) 737-6546 . Fax (561) 734;7546 PORTION OF RAILROAD A VENUE AND S.E. 4 TH. A VENUE TO BE ABANDONED A PORTION OF RAILROAD A VENUE, AS RECORDED BY PENCE SUBDIVISION NO.1, IN PLAT BOOK 33, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF S.E. 4 TH. AVENUE, AS RECORDED BY THE 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 A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF LOT6, BLOCK "B", (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY THE NORTH LINE OFLOT 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 THA T PORTION OF RAILROAD A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF LOT 6, (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY THE NORTH LINE OF LOT 5, (EXTENDED WESTERLY); BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 5, AND 6, BOUNDED ON THE WEST BY THE EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY, ALL AS SHOWN BY THE PLA T OF SUNSET COURT; AS RECORDED IN PLAT BOOK 11, PAGE 29, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND THAT PORTION OF S.E. 4 TH. A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE NORTH LINE OF LOT 6 AND 7; BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOT 4 AND 5; BOUNDED ON THE EAST BY THE EAST LINE OF LOTS 4, AND 7, (EXTENDED); BOUNDED ON THE WEST BY THE EAST RIGHT OF ,WAY LINE OF RAILROAD A VENUE, ALL AS SHOWN BY THE PLAT OF SUNSET COURT; AS RECORDED IN PLATBOOK 11, PAGE 29, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. I HEREBY CERTIFY THAT TIffi DESCRIPTION AND THE ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN . ACCORDANCE WITHTIffi SURVEYING STANDARDS, CHAPTER 61G176, FLORIDAAI?MINISTRATIVE CODE, SETFORTH' BY TIffi FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA! . STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS THE. SIGNATURE AND THE ORIG~AL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, TIllS DRAWING, SKETCH, P AT OR MAP IS FdR INFORMATION PURPOSES O~ Y ANt> IS NOT VALID BY; ,r! ~':~ JeffitpH . TUCKE DATE I OS; 87 !grzGISTERED L SURVEYO NO. 3285 STATE OF FLORIDA 5. ~e.,L / of' c LB 2102 . Joe Tucker . NOTE: TIITS IS NOT A SKETCI:I OF SURVEY, Bur ONLY A GRAPHIC DEPICTIONS OF THE DESCRIPTION SI:IOWN HEREON, THERE HAS BEEN NO FIELD WORK VIEWlNGOF THE SUBJECT PROPERTY, ORMONUMENTS SET IN CONNECTION. . wrrn THE PREPARATION OF THIS INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED BY THE SURVEYOR FOR RIGJITS OF WAYS, EASEMENTS OR RESERVATIONS OF RECORD Phone: '''Boca (561) 391-4388 Boynton (561) 737-6546 FAX (561) 734.7546 JOSEPH M. TUCKER, P.LS. 219 S.E. 231t1 Ave. - P.O. Box 759 Boynton Beach, FL 33435 EXHIBIT "e" Conditions of Approval Project Name: Abandonment of a segment of the 20-foot right-of-way of SE 4th A venue File Number: ABAN 07 -004 DEP ARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 1. All existing city utilities (water and wastewater conduits) must be relocated X ifit is the intent to continue their functional purposes in S.E. 4th Avenue, or abandoned (and agreed to by the Utilities Department). 2. All utility services within this project shall be relocated at the applicant's X cost. This is reflected in the projected right-of-way for conceptual S.E. 3rd A venue which has electrical service. 3. The abandonment of this 20-foot street right-of-way (S.E. 4th A venue) shall X be so designated on a required new boundary plat prior to the issuance of a Land Development permit for future development of the property. 4. As required after site plan approval, the proposed new development shall X generate and submit a boundary record plat (as a minimum) to reflect the area contained therein, the easements for utilities and storm drainage systems, the abandonment(s) of right-of-ways (after action by the City Commission via ordinances), L.A.E. 's, access location(s), etc. BUILDING DIVISION Comments: None X Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X PUBLIC UTILITY PROVIDERS Comments: 5. There shall be two (2) four-inch (4") Schedule-40 PVC conduits required to X be installed along the northernmost ten-feet (10') of the current right-of-way of Southeast 4th Avenue, between Southeast 4th Street and westerly to the Florida East Coast Railroad right-of-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 4l1-l Street & RR ABAN\ABAN 07~004 SE 41/1 Ave\COA.doc