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Res 09-09
. ~' . V d RESOLUTION N0.09-09 i~~o~~i~~~iiiiii~i~~~~~ii~iii~uia GF'AI 20O'3t~O85125 t]R BK 2:3124 PG 0750 RECORDED 03/13/2009 10:32:36 Palm Beach County, Florida Sharon R. Bock, CLERK & CONPTROLLEA Pge 0750 - 758; (9pgs) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA VACATING AND ABANDONING A PORTION OF THE N.E. Gr" AVENUE (NORTHBOUND FEDERAL HIGHWAY) PUBLIC RIGHT ~ OF WAY LOCATED AT THE NORTHWEST CORNER OF ~ N.E. 7"j STREET AND N.E. 6"{ AVENUE AS MORE ~ PARTICULARLY DESCRIBED HEREIN. c-~ WHEREAS the Ciry of Delray Beach, Florida, received an application for of a portion of N.E. 6`~' Avenue/Northbound Federal Highway (ROW), as more particularly described herein, and -r WHEREAS said application for abandonment of a general public right-of--way was processed pursuant to Section 2.4.G(Ivi), "Abandorunent of Rights-Of-Way", of the Land ~ Development Regulations of the City of Delray Beach; and WHEREAS pursuant to LDR Section 2.4.6(Ivl)(3)(e), the Planning and Zoning Board, as Local Planning Agenry, formally reviewed the matter at a public hearing on ,July 21, 2008 and unanimously voted to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(M)(5); and ~ WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.G(M)(5), Finds that there is not a need, nor will there be a need, for the use of the right-of-way for any public purpose; that the abandonment does not, nor will not, prevent access to a lot of tecord; that the abandonment will not result in a detriment to the provision of access and/or of utility services to adjacent properties or the general area. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE ,Z CITY OF DELRAY BEACH FLORIDA AS FOLLOWS: ~' Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all right and interest it holds to the following real property for right-of--way purposes, more particularly described as follows:. -~ EXHIBIT "A" CONTAINING 3,951 SQUARE-FEET, MORE OR LESS. PASSSED AND ADOPTED in regular session on this the day of v~~dJ R~ 2009. J ATTEST: City Clerk 2 Res. 09-09 ~ .. ~ItGf'GH / L~-CiAt. ~Pr1'M~ ~ ~~ PI~L,ICE LAND ,3U.RYEYORS, IfirCr~~.A~~ aaen Nce rte. ~~ surrrf ~aAa :~ ~t.~rst'iorr~: (~sa) s7s=-»~a ~ r±,ax: (+~~~+) s~~--f a7a E-MJiri.: aurv~syelapulioelondffurveyoPe.oon+ CER7'iPiCATE t}f Atr7Hf}RIZA'11{iM 6@~y,T8TO r ~ 1 r '~ f I I i E t l r."`~ ~'.^'~...-~•~// o.Rti. OPA11E 518 ~~ ~ ~ ~ „ ,- ,r 4.R.B. 4a b.,rU~~78~9p'Z$3'{29~E 20.00` ... 111 + O.IL& :.260, PIWf f6a4 ~~"'° .~ no+nNMOt~o IOaP. t01 I i ~ ~'' ~3t CA ~ k,'t7ANER I ~ ~~' p'~' t ' r C~~ t - I 2.00' *-J ~i r ~ 36 i 35 i ~ -.j. i 1 :+; ~ ~ ~ f ~ f ~~ ~ t ~ ! 1 ~`~r~ t~c i ! 1 r ~» I+ r~ i I I~~ ~~~~ p I ~ ~l r t,,~l 1 i ~ ~'. ~ I r $ ~ i K:E~NTRJMI.Ri~N~9 ''~OD' .~~.~_~.;, - .~ .~ ' O,R.B~`1~dB. PAS 101 -J,..._~-~~- ~_. NONiM AIONf-OF'~Y/t~ IAtE~""'~~~ i0lfR1 tOtE 1%R.B. IOaO 4PA~ 14~ i `" N.E. 7TN STREET °~ °~, t "~ INC. ~ BHEET 1 ~F 2 i~CAt,.~M 1'6t}' C~ NC~.f 1 t'~7ATE~ Q4Itr4I0~3 FtK~IT'~WAY TC ~ V, E~if~i0-Y F~ACk~, PAE.t~A k~At~i ~~~ x ~~ 'i i Q ~Q ,~# Z ~~T €~ cyT 4^ r I '~ ~- 4 f ~ 'ti~gS DOCtliriENT IS NE7TNER FllIL NOR cOr~P~~ w~~txrr sH~~tS ~ aND z > QtiN F. Esst At strRVE!'OR AND MAPPpi 1S36a1 O ~E7H S, PRCM~ESSIONAt. StlRVE'i'+OR AND ArAPPER lS6f~6 R.C~A ^ CHAR ~. r;~.ARK. pROFESSiONAI. SURYE'Y~OR AND MfAPPFR tS8434 STATE OF FLORIDA -. „-~ ~. POLICE LAN~D~ S~ V~E~YORS, INC. ~ woploA 33361 ~ . TELEPHONE: (954) 572-1777 FAX: (884) 872-1778 E-MAIL• surwsriOpuNodand~urwyor~.aom CERTIFICATE OR AUTHORIZATION LB~3d70 LEGAL DESCRIPTION: RIGHT-0F-WAY TO BE VACATED THE 25 FOOT RIGHT-OF-WAY RECORDED fN OFFICIAL RECORDS BOOK 1099, PAGE 101 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; LESS RIGHT-OF-WAY PARCELS 49 AND 50 AS RECORDED IN OFFICIAL RECORDS BOOK 468, PAGE 517, ALSO KNOWN AS RIGHT-OF-WAY PARCELS 157 AND 158 AS RECORDED IN OFFICIAL RECORDS BOOK 604, PAGE 116 OF SAID PUBLIC RECORDS; ALSO BEING A PORTION OF LOT 34 AND A PORTION OF LOT 11 OF "MCGINLEY AND GOSMAN'S SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 87 OF SAID PUBLIC RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 34 ON THE SOUTH LINE OF VACATED NORTHEAST 7TH COURT AS RECORDED IN OFFICIAL RECORDS BOOK BiS, PAGE 518 AND IN OFFlCIAL RECORDS BOOK 2268, PAGE 1690 OF SAID PUBLIC RECORDS; THENCE NORTH 89'28'25" EAST ON THE NORTH LINE OF SAID LOT 34 AND- ON SAID SOUTH LINE 23.00 FEET TO THE NORTHWEST CORNER OF -SAID 25 F00T RIGHT-OF-WAY AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89'28'25" EAST ON SAID NORTH ONE, ON SAID SOUTH LINE AND ON THE NORTH LINE OF SAID 25 FOOT RIGHT-OF-WAY 20.00 FEET TO THE INTERSECT10N WITH THE WEST RIGHT-OF-WAY LIMIT OF U.S. HIGHWAY N0. 1 (STATE ROAD NO. 5) {N.E. 6TH AVENUE) AS RECORDED IN SAID OFFlCIAL RECORDS BOOK 468. PAGE 517 AND IN SAID OFFIgAL RECORDS BOOK 604, PAGE 116; THENCE SOUTH 01'08'35" EAST ON SAID WEST RIGHT-OF-WAY LIMIT 184.85 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE. CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY ON SAID WEST RIGHT-OF-WAY UNIT AND ON THE ARC OF SAID CURVE. WITH A RADIUS OF 15.00 FEET AND A CENTRAL ANGLE OF 80 37'00" AN ARC DISTANCE OF 23.72 FEET TO A POINT OF TANGENCY ON THE SOUTH LINE OF SAID LOT 11. ALSO BEING THE SOUTH LINE OF THE AFOREMENTIONED 25 F00T RIGHT-OF-WAY, ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF NORTHEAST 7TH STREET AS DEPICTED ON SAID PLAT; THENCE SOUTH 89'28'25" WEST ON SAID SOUTH LINE OF LOT 11 AND ON SAID SOUTH LINE OF THE 25 FOOT RIGHT-OF-WAY AND ON SAID NORTH RIGHT-OF-WAY LINE 4.84 FEET TO THE SOUTHWEST CORNER OF SAID 25 FOOT RIGHT-OF-WAY; THENCE NORTH 01'08'35" WEST ON THE WEST LINE OF SAID 25 FOOT RIGHT-OF-WAY 200.01 FEET TO THE POINT OF BEGINNING. CONTAINING 3,951 SQUARE FEET, 0.0907 ACRES. NOTES: 1 BEARINGS ARE BASED ON THE NORTH LINE OF LOT 34 BEING N89'28'25"F. 2 THIS iS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3 THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4 O.R.6. DENOTES: OFFCIAL RECORDS BOOK. 5 t'~ DENOTES: CENTERLINE. eCAtF+ WA oAO~ NIO= stsat DAT7`s 04/04/019 Y TO BE bBRAY BEJICH, PALM BU~df COI~RY, FLAFIIDA FOAL f~lTREB 9RE BHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE N9THOUT SHEETS 1 AND 2 I I APR 17 2008 FANNING 8 ZONING 1 b 1 G ~ ~ ~~ _ ~~ ~ ~ ~ ~n ~ ~_ g ~ ~ t. ~~~ ~ ~~ ~ ~ ~ ~ ~ E ~ ~ ~~ ~ ~ "~ ~ ~ ~ ~~ ~ q~ ~ ~ ~ ~Y1411Y Nt4 8N g ~, O tai er tar as tar sa for n ~y3~o iorap tarty tar at toim t~!-a < g < }~~i wr a: nor ~a iar n ~m ao ~~~~~ tm a+ tarty ~ rya rata C 1 .c tar ro iar ~a tai ur ,. U Q„ IL 4 ~~^~~?~~ ~ 391YriAY Nit 'BM ~~.,~z#~ tares ~,a ~iraa wrn ~~ ~ t ~ ~<~Q~li~l~ ~ per urrM q, taTSU 1AT7 ~x~ ~ .~y}.-. IOF M e~ t_L.! ;Q~~~ ~ terse tor,u tarty torte ~ ~ +~~ta ~ ~~ ~_~~ 5~ ~ ~ rotas texas ~ tar a+ taro 6 h~' ~~~~~~g3~gyy`yy~~'~~ hJ*p t~y~~[ ~ tarp tyre taT N. Ia[W ~k~ 8F~ Fy j i r ~z@G~ t[/ ~ t tm at ~ tarL lar ii J~ ~S`yi5 i ~f.elll~f~. ~ C~It~ttYli3A'S78tY'OH g~Y~18alt'CdiAYMHDitB'R ~~e~W ~~ t t F~{~U~ Q ~ ne~SSk W o~~~ ~} ~ ~; ~ ~ ~ ~ ~ ~~~ AYAy~ b~ ~ ~~ ~ ~ F ~ ~~" ~ ~ --~ ,a, ~r~srrehv !u4 aw u. ~ o~~oo~o ~ -~-~-• :mac ~~~ti© <o ~< ~ ;~, ~a~~ <J~~ k € 44 g €~~p g,~ ~~ ~ ~ $'~ae ~ "gee ~' ~~~ ~ yea ~~.~,s.e ~ ~ ~ W~ e ~ ~ gib ~~ ', . ~ S. ,~ °~fi6i ~ ~ P7 ~< C~ $ ~,~,y~ ~ Fk< ~'Y!• anaRe b : ~ ~' n ~ ~y rr"" tt~ CtCoq~Qey~y`~p~peh~ e~g~ &P-fit $~ @~ ~~ p ~, eeeegp~~~~ ~~ ~ ~q °~ ~ ~ ~ ~ 8 ~~ ~S~R~~~'r~a~ a~~P~~~~,J~ $~ ~t@ ~ QQA ~aC ~x~ ~ y ~ rn 1! ~i ~ ffi _ ~R ~ yy, d ~ #a K 6 d~j ju 3. ~9t_ia od ~ 76~Pe~~ ~ ®' ~~yb °~#~Y 5~~g°~ ~ ~~ `~ ~~ ~ ~~ ~Ea~~~~ b $~ R ~ ~a ~~~ ~ ` ~~ ~~~ ~$ ~ ~ ~ ~ ~~ ~ ~~~ ~ ~Wa~ ~ ~~~~~ •~~ C ~ ~i~x~~ti~S~~A~~~~ o ~' fL ~ 8 ~ ~ 4 r •wsa •ca oa 'a •rd ~ v~ si zp%ry~~ a{, ~ U Q { F~ ~ ~ 6~ ~ RM~ ~ R ~'~ a01 to NptRna {x~ 9 via _ ~ ~ ~ __---__---~ - ~ ._- '~ ~ ic+ve ~ v p r' JJj ~~ ~ am m ~ x'n gpnoa Nwor _ -...~!r0 - (' ~ ~ LL < _... ~ -~ ~ x m ;SAY HLp 3'Nk ~~ _ _. ~ J m~~ '~ _~'_ yam' '-•- --- "'pN ~GYOH 9tY361 W -'ti-.o ma.,m. ~n irid 41 }. CjC < pO I ;~.~~ ~ ~ ~ } ~ O G m ~ ~ { ~ Y I ~~~pq~ ~ ~ a~."~0'a - sure ~ t 1 I ~ 1 VizaD~ ~ ~ ~~;~''' ~ a 1 C~ ~pm~ ~~~ I ~ ~, , ~ ~ ti ~ ~° ~~~~~ ~ I ~ ~~ ~ ~ ~~ ~~~ ~ ~s -tip ~ u ca r ~a1 Y klp ~•M fp ~ ~~ m~~ ~~< ~~~ f~~ B_ -~.._ a s ~ f,•~' }~ i peg ~ ~ ''-~----, .~ ~~~ ~ - b6~~ ~ t~ t s ~~ ~ ,r s ~~ ~ e~~ ~ ~ ~ ~ i ~ •~ ~ ~5 ~ O ~ ~~ ~ ~~ ~~~~~~~ ~I ~ ~ ~~_ ~ O Q R ~` ~II ~ ~ ~. ~ ~ ~ ppt~„~y ~ brova'~a ea z va i ~ i .t ~ 3 t-.~ ~ ~o •ort aYOa su.vs@~ ~ ~ ~ ~ ~ t •ON AY I~14#?1H ^@Yt ~Yd' as s rev ~_._._. - - -' - -- ~. j -~ u tJ m ~- ~-'- Td s mrts~ ro u~ ~~ ~ ~+~ t ~~ ~ Z'l~t. am yiiouwoawmatas++~~nacan ~ ~ ~d~~ra,~ ~arn+ .++w rna . ~ ~ ~~ , ~ ~ ~c~ ~ ~~~ ~~u o ~ i ~ ,. F"'FZ ~ ' ~c~ ! ~ W ~~~~ p ~ ~ ~ ~k ~ ~ ~ ~ 4 ~~ t1 i ~ S ~ t-Q~~~ ~ 1 I ~~~ ~. I~~a. ~ ~~~~ ~ ~ K ~~ ~~ ~ ~ "~L #~ LEI ~ ~ ~ •"'~'7; ~'~S$~-'-.._ _-._._ --_ I - -^ .. - --' s = ~~ ~~ g$ <9RN8AY } ~^al"ti}YQ •ON OYQ!! 81Y.L@j __' S $~ ~ ` " ~`"""' _ ~- M`F~I~FI •671 _ yL f ~~8byyp ~ -7 8Yi6 W -- _,~-~- ~ ~ ~g~~. U `°---------.~~ dYQtl'pY21 3BYO~ 1@Y6 Y N.E. 11TH ~E'. 10TH S ~ 0~ \~ O~~' ¢: 0 M 4i .z ~~ Q ~ z 0 w ~ X ~ r a+ ~'~ ~ ao x a a w W Z O BUSH BOULEVARD ~~ ST. ~~ 'o fa CU = al i Q Lx w 0 ~ a ACURA OF ~ ~ DELRA Y BEACH ~ w i z N.E. 6TH ST. °z ~ °z ~ PUBLIX ~ ~ ~ cn a -fir- `"""""'' CVS DEVELOPMENT AND ASSOCfATED RETAIL CITY Oi DQRAY 6EACH. F1. ~ RH3H'f-0F-WAY ABANDONMENT: PORTION OF N,E.BTH AVE. (NORTHBOUND FEDERAL. FOCi11NlAY) PLANNING At ZONDIG OFPARTIIFJIT ~- OIGYIAL ®iA~ IL6P SYS7DV -- 1111P RFF: L11AY3{ ~~ CITM OF DELRA~ ®EACH.~~.1: -. ~4~~~'- ~~~~-~~ . _ DELRAY BEACH era - •;~-• -- ~~ ~"_ ` ~ _ ...- .~ _ ' •"- R ~ i ~~ ~~~ 100 N.W. 1st AVENUE ~ • DELRAY BEACH, FLORIDA 33444 All-America City 1 1993 CERTIFICATION Zoos ~~ -~` r \. ~~f ~ .~~_~ • ~ `56 243-7000 I, CHEVELLE D. NUBIN, CMC, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 09-09, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 20th day of January 2009. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 2nd day of February, 2009. Chevelle D. Nubin, CMC City Clerk City of Delray Beach, Florida (SEAL) SERVICE PERFORMANCE INTEGRITY RESPONSIBLE INNOVATIVE TEAMWORK RESOLUTION NO. 04-U9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA VACATING AND ABANDONING A PORTION OF THE N.E. 6~~'~' AVENUE {NORTHBOUND FEDERAL HIGHWAY} PUBLIC RIGHT OF WAY LOCATED AT THE NORTHWEST CORNER OF N.E. 7T'j STREET AND N.E. 61~i~ AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS the City of Delray Beach, Florida, received an application far of a portion of N.E. 6`" Avenue f Narthbound Federal Highway {ROW}, as more particularly described herein, and WHEREAS said application for abandonment of a general public right-af--way was processed pursuant to Section 2.4.6{M}, "Abandonment of Rights-Of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS pursuant to LDR Section 2.4.6{M}{3}{e}, the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on duly 21, 2008 and unanimously voted to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6{IVI}(5}; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6{M}{5}, finds that there is not a need, nor will there be a need, for the use of the right-of-way for any public purpose; that the abandonment does not, nor will not, prevent access to a lot of record; that the abandonment will not result in a detriment to the provision of access andf or of utility services to adjacent properties ar the general area. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5} and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all right and interest it holds to the fallowing real property for right-of--way purposes, more particularly described as follows:. EXHIBIT "A" CONTAINING 3,951 SQUARE-FEET, MORE OR LESS. PASSSED AND ADOPTED in regular session an this the ~~ay of *a ,a, , 2049. ATTEST: City Clerk 2 Res. 49-09 ~ ~~ ~ .~~ ~~ MEMUT~Al~TDUM TO: Mayor and City Commissioners FROM: SCOTT R. ZUBEK, SENIOR PL~-I~NER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE; January 13, 2009 SUBJECT: AGENDA ITEM $.C. -REGULAR COM..MISSION MEETING OF JANUARY 20, 2009 RESOLUTION N0.09-09/ABANDONMENT OF RIGHT-OF-WAY ITEM BEFQRE CONIMISSIUN The item before the Commission is a proposed abandonment of a 0.09 acre portion of N.E. 6th Avenue (Northbound Federal Highway) in conjunction with the development on the Centres Delray plat property. The subject area is located at the northwest corner of N.E. 7tt' Street and N.E. 6th Avenue. This right-of--way abandonment is being processed pursuant to LDR Section 2.4.6(M}, Abandonment of Right-of--Way. BACKGRC}UND N.E. 6th Avenue located between "Hoffman Avenue" (renamed N,E. 2th Street} and "Frey Avenue" (renamed N.E. 8th StreetlGeorge Bush Boulevard} was originally platted as a 50' wide public right-of--way. Additional 5' sections of right-af--way were dedicated via deed along the east and west sides of this section of N.E. 6th Avenue, which expanded it to 60'. On May 11, 1955 an additional 25' of right-af--way along the west side of N.E. 6th Avenue between N.E. 8th Street and N.E. 7th' Street, south of N.E. 2th Court (now abandoned} was conveyed to the City via a deed for right-of--way purposes. On February 10, 1961 5' of the above mentioned 25' was dedicated to the Florida Department of Transportation (FOOT} far State right-of--way. The remaining 20' x 200' portion of City right-of--way is the subject area proposed far abandonment. At its meeting of February 20, 2008 the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan and Architectural Elevations for a proposed retail .development including a CVS Pharmacy, subject to the condition that the property is platted and the subject portion of N.E. 6th Avenue is abandoned. The right-of--way abandonment is now before the City Commission for final approval. REVIEW BY OTHERS The City's Environmental Services Department has identified a sewer main located within the subject area; therefore the existing sewer easement that covers the main must stay in place. With the retention of this easement, the City Engineer has na objection to the right-af--way abandonment. The City's Fire Department has reviewed the request and has no objection to the abandonment. Utility provider companies FPL {Florida Power and Light}, FPU {Florida Public Utilities}, and AT&T Telephone and have indicated that they have na objection to the abandonment. Comcast Cable has also reviewed the abandonment request and indicated that relocation of their facilities will be necessary. The City has received correspondence from FDC7T indicating their approval of the abandonment; provided that 30' of right-af--way remains from the centerline of N.E. 6~ Avenue {west 30'} and a 10' easement is provided for existing utility services. The abandonment proposal satisfies both of these criteria. RECOMMENDATION Approve request far the abandonment of a 0.09 acre portion of N.E. 6~' Avenue {Northbound Federal Highway} located at the northwest earner of N.E. 7~ Street and N,E. 6~' Avenue by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M}{5} of the City's Land Development Regulations. Attachments: * Abandonment Resolution #09-09 Minor Subdivision Plat Incorporating Abandonment Area • Location Map RESOLUTION NO.09-09 A RESOLUTION OF THE CITY COMIvIISSION OF THE CITY OF DEL,RAY BEACH FLORIDA VACATING AND ABANDONING A PORTION OF THE N.E. 6~" AVENUE {NORTHBOUND FEDERAL HIGHWAY) PUBLIC RIGHT OF WAY LOCATED AT THE NOR'T~I~ST CORNER OF N.E. 7~ SZREET AND N.E. 6'~ A~~"ENUE AS MORE PARTICULARLY DESCRIBED HEREIN. iXTHEI~;EAS the City of Delray Beach, Florida, received an application far of a portion of N.E. G`s Avenuef Northbound Federal Highway (R.OW}, as mare particularly described herein, and WHER.I?AS said application for abandonment of a general public right-af--way was processed pursuant to Section 2.4.6~11~, "Abandonment of Rights-Of Way", of the Land Development Regulations of the City of Delray Beach; and WHER.I?AS pursuant to LDR Section 2.4.6(IVI)(3)(e}, the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on July 21' 2008. and unanimously voted to recamrrrend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6 (3t+I} (5}; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(M}(5), finds that there is not a need, nor will there be a need, for the use of the right-af-way for any public purpose; that the abandonment does not, nor will not, prevent access to a lot of record; that the abandonment will not result in a detriment to the provision of access and f ar of utility services to adjacent properties or the general area. NOW THEREFORE BE IT RESOLVED BY THE CITY COIvfMISSION OF TI-lE CITY OF DELRAY BEACH FLORIDA AS FOLLOWS; ~~ion 1. That pursuant to Chapter 177.101(5} and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all right and interest it holds to the following real property for right-of--way purposes, mare particularly described as follows:. EXHIBIT "A" CONTAINING 3,951 SQUARE-FEET, MORE OR LESS. PASSSED AND ADCJPTED in regular session on this the day of , 2009, ATTEST: City Clerk MAXOR 2 Res. 09-09 - ~ eKlerr~s AND LEGiAL Dnonl ' BY POLICE LAN~D~SB URV~E~YQRS, INC. ~ st„IN FL~OFiIDA 3336) TELEPHONE: (954) 572-1777 FAX: (854) 872-1778 E-MAIL• surveys®pulloelandeurveyore.com CERTIFlCATE OR AUTHORIZATION LB~-3870 LEGAL DESCRIPTION: RIGHT-0F-WAY TO BE VACATED THE 25 FOOT RIGHT-OF-WAY RECORDED IN OFFICIAL RECORDS BOOK 1099, PAGE 101 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; LESS RIGHT-OF-WAY PARCELS 49 AND 50 AS RECORDED IN OFFICIAL RECORDS BOOK 468, PAGE 517. ALSO KNOWN AS RIGHT-OF-WAY PARCELS 157 AND 158 AS RECORDED IN OFFICIAL RECORDS BOOK 604, PAGE 116 OF SAID PUBLIC RECORDS; ALSO BEING A PORTION OF LOT 34 AND A PORTION OF LOT 11 OF "MCGINLEY AND GOSMAN'S SUBDIVISION° ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 87 OF SAID PUBLIC RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 34 ON THE SOUTH LINE OF VACATED NORTHEAST 7TH COURT AS RECORDED IN OFFICIAL RECORDS BOOK 615, PAGE 518 AND IN OFFlCIAL RECORDS BOOK 2268, PAGE 1690 OF SAID PUBLIC RECORDS; THENCE NORTH 89'28'25" EAST ON THE NORTH LINE OF SAID LOT 34 AND' ON SAID SOUTH LINE 23.00 FEET TO THE NORTHWEST CORNER OF SAID 25 FOOT RIGHT-OF-WAY AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89'28'25" EAST ON SAID NORTH LINE, ON SAID SOUTH LINE AND ON THE NORTH LINE OF SAID 25 FOOT RIGHT-OF-WAY 20.00 FEET TO THE INTERSEC110N WITH THE WEST RIGHT-OF-WAY LIMIT OF U.S. HIGHWAY N0. 1 (STATE ROAD NO. 5) (N.E. 6TH AVENUE) AS RECORDED IN SAIO OFFICIAL RECORDS BOOK 468. PAGE 517 AND IN SAID OFFICIAL RECORDS BOOK 604. PAGE 116; THENCE SOUTH 01'08'35" EAST ON SAID WEST RIGHT-OF-WAY LIMIT 184.85 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE. CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY ON SAID WEST RIGHT-OF-WAY LIMIT AND ON THE ARC OF SAID CURVE, WITH A RADIUS OF 15.00 FEET AND A CENTRAL ANGLE OF 80'37'00" AN ARC DISTANCE OF 23.72 FEET TO A POINT OF TANGENCY ON THE SOUTH LINE OF SAID LOT 11. ALSO BEING THE SOUTH LINE OF THE AFOREMEN110NED 25 F00T RIGHT-OF-WAY, ALSO BEING TFiE NORTH RIGHT-OF-WAY LINE OF NORTHEAST 7TH STREET AS DEPICTED ON SAID PLAT; THENCE SOUTH 89'28'25" WEST ON SAID SOUTH LINE OF LOT 11 AND ON SAID SOUTH LINE OF THE 25 FOOT RIGHT-OF-WAY AND ON SAID NORTH RIGHT-OF-WAY LINE 4.84 FEET TO THE SOUTHWEST CORNER OF SAID 25 FOOT RIGHT-OF-WAY; THENCE NORTH 01'08'35" WEST ON THE WEST' LINE OF SAID 25 FOOT RIGHT-OF-WAY 200.01 FEET TO THE POINT OF BEGINNING. CONTAINING 3,951 SQUARE FEET, 0.0907 ACRES. NOTES: 1 BEARINGS ARE BASED ON THE NORTH LINE OF LOT 34 BEING N89'28'25°E. 2 THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3 THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4 O.R.6. DENOTES: OFFCIAL RECORDS BOOK. 5 ~ DENOTES: CENTERLINE. BCALEy N/A ORDER NIO =91691 DAT1=s 04/Od/OS RK3hIT-C)F-WAY TO BE VACATED bE1.RAY BEACt~, PALM BEACH QOUMY. R.lOHIDA C~NT'RE8 BITE SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 I I APR 17 2008 I , °. FLA[VNING & ZONING m N.E. \~ ~7~}~ 11TH ST• ' > ~ c,_i y , Q Z, w x . 1 QTH ST. o ~ a ~. >z ~ 9TH ST. ~ ~; s > ~c ~ a ~ ~ z z ~ 'C) RG E BUSH BOULEVARD . ~~ <r `~ ~.i ~ CJ -'- W !+: -~ a w ~ ~ A CUBA `` ~ OF ~ ~ DELRA Y BEACN z z N.E. 6TH ST. z °z ~ o ~ PUBLIX ~ 4 ~ ~ --~- `"""""""` CVS DEVELQPMENT AND A~SC}CIATED RETAIL CITY OF DELRAY BEACH, FL R~ ~~ RICiH7~WAY ABANp4NMENT: PC7ftTiCXJ OF N.E. BTH AVS. {N~iTHeflUNO FEDERAL. Mlt9fiWAY} r' PLANNING k xONMG DEPARTMENT lNG1JAL RA,S1:' A(AP 5tSTEM -- MM REF: LMA234 RESOLUTION 1~t0.09-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA VACATING AND ABANDONING A PORTION OF THE N.E. 6r~j AVENUE (NORTHBOUND FEDERAL HIGHWAY) PUBLIC RIGHT OF WAY LOCATED AT THE NORTHI~TEST CORNER OF N.E. 7"~ STREET AND N.E. 6~'~ AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN, WHEREAS the City of Delray Beach, Flarida, received an application for of a portion of N.E. 6`~ Avenue/Northbound Federal Highway (ROW}, as mare particularly described herein, and WHEREAS said application for abandonment of a general public right-af--way was processed pursuant to Section 2.4.6(M}, "Abandonment of Rights-Of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS pursuant to LDR Section 2.4.6{M}(3}(e}, the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing an ~uly 21, 200$ and unanimously voted to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(M}(5}; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(M}(5}, finds that there is not a need, nor will there be a need, for the use of the right-of--way for any public purpose; that the abandonment does not, nor will not, prevent access to a lot of record; that the abandonment will not result in a detriment to the provision of access and/or of utility services to adjacent properties or the general area. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5} and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all right and interest it holds to the following real property for right-of way purposes, more particularly described as follows:. E~:I-IIBIT "A" CC7NTAINING 3,951 SQUARE-FEET, MC7R.E OR LESS. PASSED AND ADC}PTED in regular session on this the day of , 2009. ATTEST: City Clerk MAYQR Res. 09-09 \ ~] ~ , " N tt~ . ~yy~•/~,~ Q1fw ar V~ l 1'illf.r LEQAL ir1- t !`wn~ P'1lI.ICE i.ANi3 Sll.RYEYC#RS, iiVCp~.A~~~~G zat~~ ~~~ 8t1NW8Et Ft.ORIDA 1351 TELEPhtONE: (954} 572--17?7 FAX: (954) 572-1778 ~-MALI-; ~rveye~pulloelandeurveyare.oarn {~RTIF'ICA7E OF AUTHORIZATION t.9~387D 11~ t-`"`=~-..1 ~-~ Q eCb4t~tBPAtaEstep} ~i r- ._°'es, t ._.. N89'2+a'29'E 2U.f~' I t~R.f3. 23aa. PAi~ f69Q tr..v(" `~ ~ ~ ~.. - fgltiH~LWE iQ99 P tOr t r` +~+ ~ P'4~i'f NQ t ~~ ~ ~( ~~ ~ L~7 N8~9'29'25'E ~ s j ~ ~" ', F+ ~ ~~~Z' I I I 23.00' F,,,, ~-'~ + t 6 ~ ~ I I 1 ._..._. ~ _.... _ _ ..._ - - - - -- ..-..._.. ~, t ~ t , ~I t j t i~ i i !~ ~~ RAOIUS t5.00" I N ~ ~ ~TRU. ~AR~C~23.72"~` .Ai ~--'-- .._ ~ ~ _ _ I ~ ~.'. ~ _ 1~ _ _ ~-_°s0u~t~~i~f'~•i' t~oitw°~~taf ~ ~ ~ tiOftiH tarnit-Ur-WAY W+E-~'"'~~ SoUri1 l.k+E OA~ 16Ci« P~ toy ~ O.R.B. t?6. PAt,'E I11 ~ N.E. i'T~-1 ~i ~f~~EE`T" oaf sin sASO~r~r ~~ ~ SHEET 1 t:7F 2 ~tCALE=1•,.~}~ ORD~t NOa 51691 C?ATE= cia/o~1~e RtC~iT-C'3F~WAY TC? E~ VACATED 17EL.RAY BEACH.1'ALlu! BEACH C~OUP[tY. R.t1~UA x `s ~i ~ ~Q _:,~~ 1 ~~ y N.E. ?Tl-! CAUFiT Q~ Z ~ Ct t Q t ~. <t ~ ~ t- Q ' I- 1~ t i THIS DOCUbA£NT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 OHN F. E. FESSf AL SURVEYOR AND MAPPER LS268t O BETH S, PROFESSIONAL SURVEYOR AND ~1APPER LS613S ^ CHARLES E. CLARK, PROFESSIONAL StJRV£YOR AND MAPPER LS6434 STATE DF FLORIDA ~~~ , ~}r`i lf~~ EI~CET~CH Ate t.E P'nCdvi 9Y pLS PUE.ICE LAN~~~rr e ~ ~t~RS, INC. ~S ~t1Nt~1$E, A 33361 TELEPHONE; (9S4} 572-17?7 FAX: {954} 572-1?78 E-MAIL.: surveyr~puHaelandaurveyare.com CER71flCATE C!F AUTHt}ttiZA174N t.8~3674 E~EGAE DESCRIPTION: RIGHT-C}F-WAY TQ BE VACATED 3HE 25 FOOT RIGHT-OF-WAY RECORDED IN OFFICIAL RECORDS BOOK 1099, PAGE 101 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; LESS RIGHT-OF-WAY PARCELS 49 AND 50 AS RECORDED IN OFFICIAL RECORDS BOOK 468, PAGE 517, ALSO KNOWN AS RIGHT-OF--WAY PARCELS 157 AND 158 AS RECORDED IN OFF1GtAL RECORDS BOOK 604, PAGE 116 OF SAID PUBLIG RECORDS; ALSO BEING A PORTION OF LOT 34 AND A PORTION OF LOT 11 OF "MCGINLEY AND GOSMAN'S SUBDIVISION" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK ~, PAGE 87 OF SAID PUBLIC RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 34 ON THE SOUTH LINE OF VACATED NORTHEAST ?TH COURT AS RECORDED IN OFFICIAL RECORDS BOOK 615. PAGE 518 AND IN OFFICIAL RECORDS BOOK 2268, PAGE 1690 OF SAID PUBLIC RECORDS; THENCE NORTH 89'28'25" EAST ON THE NORTH LINE OF SAID LOT 34 AND' ON SAID SOUTH UNE 23.00 FEET TO THE NORTHWEST CORNER OF SAID 25 FOOT RIGHT-OF-WAY AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89'28`25" EAST ON SAID NORTH UNE, ON SAID SOUTH UNE AND ON THE NORTH UNE OF SAID 25 FOOT RIGHT-OF-WAY 20.00 FEET TO THE INTERSECTION WITH THE WEST RIGHT-OF-WAY OMIT OF U.S. HIGHWAY NO. ~ (STATE ROAD NO. 5} (N.E. 6TH AVENUE} AS RECORDED IN SAID OFFICIAL RECORDS BOOK 468, PAGE 517 AND IN SAID OFFICIAL RECORDS BOOK 604, PAGE 116; THENCE SOUTH 01"08'35" EAST ON SAID WEST RIGHT-OF--WAY LIMIT 184.85 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY ON SAID Vti"EST RIGHT-OF-WAY LIMIT AND ON THE ARC OF SAID CURVE, WITH A RADIUS OF 15.00 FEET AND A CENTRAL ANGLE OF 90'37'00" AN ARC DISTANCE OF 23.72 FEET TO A POINT OF TANGENCY ON THE SOUTH UNE OF SAID LOT 11, ALSO BEING THE SOUTH LINE OF THE AFOREMENTIONED 25 FOOT RIGHT-OF-WAY, ALSO BEING THE NORTH RIGHT-OF--WAY LINE OF NORTHEAST 7TH STREET AS DEPICTED ON SAID PLAT; THENCE SOUTH 89'28'25" WEST ON SAID SOUTH LINE flF LOT 11 AND ON SAID SOUTH LINE OF THE 25 FOOT RIGHT-OF-WAY AND ON SAID NORTH RIGHT-OF-WAY LINE 4.$4 FEET TO THE SOUTHWEST CORNER OF SAID 25 FOOT RIGHT-OF-WAY; THENCE NORTH 01"08'35" WEST ON THE WEST LINE OF SAID 25 FOOT RIGHT-OF-WAY 200.01 FEET TO THE POINT OF BEGINNING. CONTAINING 3,951 SQUARE FEET, 0.0907 ACRES, NO`I-ES: 1 BEARINGS ARE BASED ON THE NORTH LINE OF LOT 34 BEING N89'28'25"E. 2 THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3 THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4~ O.R.B. DENOTES: OFFICIAL RECORDS BOOR. 5} t'~ DENOTES. CENTERLINE. F~..E= CENTRIES INC. ~3W~E: ~" ~ ~F 2 TH15 <7iaCUMENT IS NEITIiER FULL NOR 8CAC.E= NIA COMPLETE WITHOt)T SH E ETS 1 AND 2 ~~ oo C?ATE= Oa/oajoe I~ca~tT-cal=--wAY T+o Blir vACAT~ ~~ ASR 17 2008 t7i=1.AAY BFACH, PAt..A+l BEACH CX~IJNTI(, t~..OF'IIbA L J FOR= C~hF't'RE:8 BrfE f'LA1~1hIING & ZC?NING N.E. 1 C ~7~~~ 11TH ~~ ~c ~• ~~ ~i z - ST. ^ Z r ''` ~ Q KC ~ t,.I X ST. a ,Z cti ,~ ~ ~... ~ _- ~ a a - ~ > Q i w w w z ~ ~ I BUSH B(}U~ EVARD ~~ I:.i ~ ~; w ~ ~ ACURA `` a ~JF ~ ~ C~ELRA Y BEACH ~ z z N,E. 6TH ST. z ~ O O ~ PUBLIX ~ . ~ c~ ~ o ~ ~ --rirr- ""'""""' iCVS DEVELt~PMENT AND ASSC}+ctATED RETAIL t~N ~ ~UtAY BEACH, FL ~fh?' RIC#iT-£SF-WAY ASAMRt~IMENT: PORTION OF N,B. 8TH AVE. 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