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Res 10-09Me~a.vid,~u~w To: Scott Zubek, Senior Planner CCr Brian Shutt, Assistant City Attorney File .. ,,ll F4~om: Kimberly Wynn, Executive Assistant/Agenda Coordinator Kw Date: 3/ 19/2009 Re: Resolution No. 10-09/Abandonment of Right-of-Way Attached is one (1) recorded copy of Resolution No. 10-09 which is an Abandonment of Right-of-Way for a proposed two (2) lot single family home platted as Marine Way. This item was approved at the February 3, 2009 Regular Commission Meeting, Item 9.D. Please call me at 243-7059 if you have any questions. Thanks KW/kw Attachments CITY CLERK T?FPARTMENT" i~~/a~A~R~~~@~A~MgN~i~N ~~' GFM 2t30'300g5' 131 m M OR gK 23124 PG p7t3 ,~ RECORDED 03/13/2009 10:32:36 Palm Beach County, Florida .Sharon R. Bock, CLERK ~ COMPTROLLER Pgs 0785 - 789; t5pgs? UTION A RESOLUTION OF THE CITY COMMISSION OF THE /~ CITY OF DELRAY BEACH FLORIDA VACATING AND • ABANDONING A PORTION OF THE CANAL STREET PUBLIC RIGHT OF WAY LOCATED AT THE SOUTHWEST CORNER OF N.E. 2"" STREET AND THE INTRACOASTAL WATERWAY AS MORE PARTICULARLY DESCRIBED HEREIN. ~'j WHEREAS the City of Delray Beach, Florida, received an application for abandonment of "" a portion of the Canal Street right-of--way (ROW), located at the southwest corner of N.E. 2"d Street and the Intracoastal Waterway, as more particularly described herein, and o WHEREAS said application for abandonment of a general public right-of--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(IVi)(3)(e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on September 15, 2008 and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings with respect ~ to LDR Section 2.4.6(Ivi)(5) and Policy B-1.4 of the Coastal Management Element of the City's Comprehensive Plan; and WHEREAS, the City Commission of the City of Dekay Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of--way, based upon positive findings pursuant to LDR Section 2.4.6(M)(5). NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA AS FOLLOWS: ~ Section 1. The foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, ~ it is hereby determined by the Dekay 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 ,Q as follows:. EXHIBIT "A" CONTAINING 0.17 ACRES, MORE OR LESS. PASSSED AND ADOPTED in regular session on this the J day of 2009. ~~ MAYOR ATTEST: C~ •~~~ City Clerk 2 Res. No. 10-09 1- DESCRIPTION: ROAD RIGHT-OF-WAY ABANDONMENT A PORTION OF CANAL STREET, MAP OF THE TOWN OF UNION, FLORIDA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT E, THE MOORINGS, ACCORDING TO THE PLAT 'THEREOF, AS RECORDED IN PLAT BOOK 20, PAGE 27 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S.0T38'16"W, ALONG THE EAST LINE THEREOF, SAID LINE BEING THE WEST RIGHT-OF-WAT UNE OF SAID CANAL STREET, A DISTANCE OF 145.60 FEET; THENCE 5.83'04'44"E., A DISTANCE OF 50.00 FEET 70 A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY UNE OF SAID CANAL STREET; .THENCE N07'36'16"E, ALONG SAID EAST RIGHT-OF-WAY UNE, A DISTANCE OF 151.69 FEET; THENCE S.89'S9'16"W ALONG THE EASTERLY PROLONGATION OF THE NORTH UNE OF SAID LOT E, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. CONTAINING 7,432 SQUARE FEET/0.1706 ACRES MORE OR LFSS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF RECORD. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL 2 (ANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING OF S.07 38'18"W. ALONG THE EAST UNE OF L07 E, THE MOORINGS, AS RECORDED IN PLAT BOOK 20, PAGE 27 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA 4. THE °LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD ANO DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. CER7IFlCATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON JULY 23, 2008. I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 81G17-8 ApOPTEO BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027. CAULFIELD & WHEELER, INC. `~ ~ ~ CIVIL ENGINEERING -LAND PLANNING LANDSCAPE ARCHITECTURE -SURVEYING '~ {~ Virg.' y'~c,~, 7301A W. PALMETTO PARK ROAD -SUITE IOOA ~,,~'s `~~~'"' BOCA RATON, FLORIDA 33433 PHONE 561 -392-1'991 /FAX 561 -750-1452 DAVID P. LINDLEY REGISTERED LAND MARINA WAY SURVEYOR N0. 500 PROPOSfA ROAD RIpiT-OF-WAY ABANDONMENT TATE OF FLORIDA SKETCH OF DESCRIPTION .B. 3591 SHEET 1 OF 2 DATE 7/18/08 PG. N/A AS SHOWN Res. No. 10-09 ~~X`i ~ r~~ ~ ~~ u S.E. SECOND STREET 50' ROAD RIGHT-OF-WAY (PLAT BO Krt. PAGE 3) NORTH LINE OF LOT E 1NTRACOASTAL A WAY PLAT ppOK 17 TERWAY (NOT TO SCAAj~~ iBB) s8s•ss'~ s°w ~ POINT OF BEGINNING-~ -'"' "" N.E. CORNER OF LOT E THE MOORINGS (PLAT BOOK 20, PAGE 27) O W ~ W -- } H ~ ~ ~ 3 EAST LINE OF LOT E ~ 3,~ N ~I ~ ~' ~ --. (BEARING BASIS) V ~ ~ ~ >. ~~~ V Q3~ ~ A PORTION OF LOT E ~ v~ ~ ~ ~ a THE MOORINGS 3 a o a~ ~ ~~ (PLAT BOOK 20. PAGE 27) ~ co } ; ~~ ~ Zap- ~ ~ "W ~o ~ ~~a ~ ~ Q$m n ~' r ~ 1 t~ ~ 4 ~ ~ o ~ NORTH `~ ~ 2 Z 30 15 0 15 30 . -~ ~ . .. .. -~-. s.. so.DO' GRAPHIC SCALE (IN FEET) REMAINpER OF LOT E ~3'04'q.4.E THE MOORINGS 50-00' • (PLAT BOOK 20, PAGE 27) 300' 1NTRq ~p R1GHT-OF- M'AY (PLAT pppKTjj WAfERyyAY (NOT t0 SC~~ 168) r CAULFIELD 8~ WHEELER, INC. CIVIL ENGINEERING -LANG PLANNING LANDSCAPE ARCHITECTURE -SURVEYING .. •O 7301A W. PALMETTO PARK ROAD -SUITE IOOA BOCA RATON, FLORIDA 33433 PHONE (561 -392-1991 /FAX 561 -750-1452 MARMA WAY PROPOSED ROAD RIOHT-0F--WAY ABANDONMENT SKETCH OF DESCRIPTK>rl 4 SHEET 2 OF 211 DAIS 7 23 08 A BY F.B. PG. N A SCALE AS SHOWN JOB N0. 5389SKOD Res. No. ] 0-09 [li4 OF OELR114 BE11[H DELRAY BEACH O R U All-America City 1 1993 ZOO, ~~` . ~~~~ ~j~~~~('0 100 N~W. 1st AVENUE • DELRAY BEACH, FLORIDA 33444 CERTIFICATION -_. ~~~,~ ~', 1~, ~~ _~ _~ • 561/243-7000 I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 10-09, as the same was passed by the Delray Beach City Commission in regular session on the 3~d of February 2009. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 9th day of February, 2009. ~~ ~w F h '~9 W , rv Wy (SEAL) ,~,.,~~„ ~• `~ Chevelle D. Nubin, CMC City Clerk City of Delray Beach, Florida SERVICE PERFORMANCE INTEGRITY RESPONSIBLE INNOVATIVE TEAMWORK RESOLUTION NO. 10-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA VACATING AND ABANDONING A PORTION OF THE CANAL STREET PUBLIC RIGHT OF WAY LOCATED AT THE SOUTHWEST CORNER OF N.E. 2"ll STREET AND THE INTRACOASTAL WATERWAY AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS the City of Delray Beach, Florida, received an application for abandonment of a portion of the Canal Street right-of--way (ROW), located at the southwest corner of N.E. 2"d Street and the Intracoastal Waterway, as more particularly described herein, and WHEREAS said application for abandonment of a general public right-of--way was processed pursuant to Section 2.4.6(1Vi), "Abandonment of Rights-Of-Way", of the Land Development Regulations of the Ciry of Delray Beach; and WHEREAS pursuant to LDR Section 2.4.6(NI)(3)(e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on September 15, 2008 and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(Ni)(5) and Policy B-1.4 of the Coastal Management Element of the City's Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(M)(5). NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA AS FOLLOWS: Section 1. The foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach Ciry 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 0.17 ACRES, MORE OR LESS. PASSSED AND ADOPTED in regular session on this the J day of 2009. ~~ MAYOR ATTEST: ~~ • ~\v City Clerk 2 Res. No. 10-09 DESCRIPTION: ROAD RIGHT-OF-WAY ABANDONMENT A PORTION OF CANAL STREET, MAP OF THE TOWN OF UNION, FLORIDA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT E, THE MOORINGS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, PAGE 27 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S.07'36'16"W. ALONG THE EAST LINE THEREOF, SAID LINE BEING TF{E WEST RIGHT-OF-WAT LINE OF SAID CANAL STREET, A DISTANCE OF 145.60 FEET; THENCE S,83'04'44"E., A DISTANCE OF 50.00 FEET 70 A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID CANAL STREET; .THENCE N07'36'16"E, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 151.69 FEET; THENCE 5.89'59'16"W ALONG THE EASTERLY PROLONGATION OF THE NORTH LINE OF SAID LOT E, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. CONTAINING 7,432 SQUARE FEET/0.1706 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF RECORD. NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD, 3. BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING OF 5.07'36'16"W. ALONG THE EAST L1NE OF LOT E, THE MOORINGS, AS RECORDED IN PLAT BOOK 20, PAGE 27 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA 4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON JULY 23, 2008. I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17-6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027. SHEET 1 OF 2 CAULFIELD & WHEELER, INC. CIVIL ENGINEERING -LAND PLANNING LANDSCAPE ARCHITECTURE -SURVEYING ~~~~ Q ~~ 7301A W. PALMETTO PARK ROAD -SUITE IOOA U;r,~;,:~ BOCA RATON, FLORIDA 33433 MARINA WAY PROPOSED ROAD RIGHT-OF-WAY ABANDONMENT SKETCH OF DESCRIPTION DATE AVID P. LINDLEY F.B. PG. N A :GISTERED LAND JRVEYOR N0. 5005 SCALE AS SHOWN TATE OF FLORIDA B. 3551 JOB N0. 5389SK~~ Res, No. 10-09 ~' h/' d ~ bJI ~L ~,,~ f/ S.E. SECOND STREET 50' ROAD RIGHT-OF-WAY (PLAT BOOK 1, PAGE 3) NORTH UNE OF LOT POINT OF BEGINNING N.E. CORNER OF LOT E THE (MOORINGS (PLAT BOOK 20, PAGE 27) EAST LINE OF LOT (BEARING BASIS) A PORTION OF LOT E THE MOORINGS 3 (PLAT BOOK 20, PAGE 27) ~O M n -s00' RIGHT-OF_WA ( LgTACOASTAL WgTERI [~ (~ ~/ (N~T07SC~~ S~i/'~A'16pt~ O ~ ~ - ~ y ~ a N~,, r v; a U _J3 Wn Q 1 C~ a ~ ~ ~a !i Z U ~~ o ~ ~ ~~~ O W ~ Q i p Z~ ~ 3 !~,°~ a $ ~ a° ~ y ~' '~ ~ ~~ } ~ ~ •~- w} f3+3 ~ ~a ~~~ ~Y ~ m $.- O a ~ ~ NORTH z 3 0 15 0 15 30 _~ _:. GRAPHIC SCALE (IN FEET) REMAINDER OF LOT E S83'04'44~E THE MOORINGS 50.00' (PLAT BOOK 20, PAGE 27) 300' (PEgAgDOK A~ WAI RWAY (NOT TO SCA~Ej 76B) SHEET 2 OF 2 CAULFIELD 8~ WHEELER, INC. DATE 7 23 08 CIVIL ENGINEERING -LAND PLANNING LANDSCAPE ARCHITECTURE -SURVEYING DRAWN BY JC O 7301A W. PALMETTO PARK ROAD -SUITE IOOA "'- ~ BOCA RATON, FLORIDA 33433 PMONE (561)-392-1991 /FAX 561)-750-1452 F.B. PG. N A MARINA WAY SCALE AS SHOWN PROPOSED ROAD f~GHT-OF-wAY ABANDONAAENT sKETCa{ aF DesatiPnoN JOB N0. 5389SKOD 4 Res. No. 10-09 MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT R. ZUBEK, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: January 28, 2009 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 RESOLUTION NO. 10-09/ABANDONMENT OF RIGHT-OF-WAY ITEM BEFORE COMMISSION The item before the City Commission is consideration of an abandonment of the City's interest in a 0.17 acre rectangular-shaped portion of Canal Street associated with the creation of two single family lots. The parcel is located at the southwest corner S.E. 2nd Street and the Intracoastal Waterway, adjacent to 200 Marine Way. This right-of--way abandonment is being processed pursuant to LDR Section 2.4.6 (M), Abandonment ofRight-of--Way. BACKGROUND The proposed abandonment area is within an easement dedicated in favor of the Army Corps of Engineer for the Intracoastal Waterway. In the late 1920's (1928, 1929 and 1930), the Florida Inland Navigational District (F.I.N.D.) surveyed the entire Florida East Coast Canal (now known as the Intracoastal Waterway) from Miami to Jacksonville for the purpose of locating certain tracts or parcels of land to be included within the proposed right-of--way for the Intracoastal Waterway. According to Sheet 16B (Plat Book 17, Page 16B) of the plat for Palm Beach County, approximately 50' east of the existing Intracoastal Waterway (Canal Street) was included within the proposed right-of--way for the Intracoastal Waterway. Canal Street was originally platted as public right-of--way in Plat Book 1, Page 3 of the City's original plat (Town of Linton) and the west right-of--way line of the Intracoastal Waterway now coincides with the west right-of--way line of Canal Street. This portion of the right-of--way was never dredged for inclusion with the navigable waterway and remains unimproved. Further, the area was not improved as a street, nor will it be in the future. At its meeting of September 15, 2008, the Planning and Zoning Board recommended approval to the City Commission for the abandonment of a portion of the 50' wide Canal Street (now shown as an easement within the Intracoastal right-of--way) in conjunction with platting the adjacent property into two lots. This recommendation was made subject to the condition that approval from the Army Corps of Engineers must be obtained for any encroachments into the existing Corps' easement. The City has since received the Army Corps of Engineers' Consent to Easement documentation, which acknowledges the Corps' consent to improvements in the subject area. On September 17, 2008 the Historic Preservation Board approved a Certificate of Appropriateness (COA), Site Plan, Landscape Plan and Architectural Elevations for the adjacent.single family residential development. The applicant has requested abandonment of the City's interest in Canal Street as part of the development proposal. The City's abandonment will not remove any interest that may or may not be vested in the Intracoastal by other entities, i.e. the Army Corps of Engineers. Re-platting the existing property at 200 Marine Way and resolution of any interest, City or otherwise will be required prior to this property's inclusion in the plat. The associated right-of--way abandonment is now before the City Commission for final approval. REVIEW BY OTHERS The City's Environmental Services Department and Fire Department have reviewed the request and have no objection to the abandonment. Utility providers FPL (Florida Power and Light), Florida Public Utilities and Comcast Cable have reviewed the abandonment request and identified the need for easements for their services, which will be shown on the plat. At the time this report was written, AT&T Telephone Company has not responded to the City's notification. If services are located in this area they would require appropriate utility easements which will be provided on the ensuing plat. At its meeting of August 21, 2008 the Development Services Management Group (DSMG) reviewed the abandonment request and recommend approval subject to the owner providing the City written confirmation that the Army Corp of Engineers and F.I.N.D. are aware of the development plans and have no objections. F.I.N.D. has contacted the City and stated no objection to the abandonment and deferred approval of the improvements within the easement to the Army Corps of Engineers. As noted above, the City has received consent from the Army Corps of Engineers for construction of the proposed improvements. On October 15, 2008, the plat and the associated waiver went before the Historic Preservation Board and both received a unanimous recommendation of approval. RECOMMENDATION Move approval of the request for abandonment of the City's interest in the 0.17 acre portion of Canal Street right-of--way lying adjacent to the 200 Marine Way property 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 Land Development Regulations subject to dedication of appropriate easements to accommodate utilities as noted above. Attachments: . Location Map . Abandonment Resolution . Location Map . P&Z Board Staff Report, September 15, 2008 RESOLUTION NO. 10-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA VACATING AND ABANDONING A PORTION OF THE CANAL STREET PUBLIC RIGHT OF WAY LOCATED AT THE SOUTHWEST CORNER OF S.E. 2ND STREET AND THE INTRACOASTAL WATERWAY AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS the City of Delray Beach, Florida, received an application for abandonment of a portion of the Canal Street right-of--way (ROW), located at the southwest corner of S.E. 2°d Street and the Intracoastal .Waterway, as more particularly described herein, and WHEREAS said application for abandonment of a general public right-of--way was processed pursuant to Section 2.4.6(NI), "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(l~(3)(e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on September 15, 2008 and voted unanimously to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(1V1)(5) and Policy B-1.4 of the Coastal Management Element of the City's Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(M)(5). NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA AS FOLLOWS: Section 1. The foregoing recitals are hereby incorporated herein by this reference. Section 2. 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 0.17 ACRES, MORE OR LESS. PASSSED AND ADOPTED in regular session on this the day of , 2008. ATTEST: MAYOR RES. NO. 20-08 ~,XI'1~,'d r •~ ~~ tr S.E. SECOND STREET 50' ROAD RIGHT-OF-WAY (PLAT BOOK 1. PAGE 3} NORTH LINE OF LOT E POINT OF BEGINNING N.E. CORNER OF LOT E THE MOORINGS (PLAT BOOK 20, PAGE 27) EAST LINE OF LOT E (BEARING BASIS) A PORTION OF LOT E THE MOORINGS (PLAT BOOK 20> PAGE 27) REMAINDER OF LOT E THE MOORINGS (PLAT BOOK 20, PAGE 27) 3 ~D ~D ;'7 s8s•5s'~ s~w r~ ~ r~ O ~ '~ ~ '~ W '~ ~ W !~ w e x c p t ~ ~ < ~t3 r^i Q ~ v q~ 41 ~ ZOQ U,t a U ° z ~~ ~ Lt it ~c ~ 3 Z o ~ ~ ~W o f Baas ~ ~ ~ c~ . 0 ~u ~ ~ +•' I'7 ~ Q Q o ~ z S83•04'44 50.Op• 4 ~~~j ~~ !F+ ~ 3~Q oa ~~~ ~~~ x ~Sm° O M~ Q ~ NORTH Z 30 15 0 15 30 GRAPHIC SCALE (IN FEET) 1N ovo~ R!G}{r Ofi (PLq $~KTAL WATERWAY (NOT T07SCALE) 16B) r CAULFIELD & WHEELER, INC. CIVIL ENGINEERING -LAND PLANNING LANDSCAPE ARCHITECTURE -SURVEYING •::; .Q•0 7301A W. PALMETTO PARK ROAD -SUITE lOOA BOCA RATON, FLORIDA 33433 PHONE (56i)-392-1991 /FAX (561)-750-1452 `--300' R1GH7 OF- 1NTRACOASTAL WATERI (PLAT B00 (NOTKT07SC, L~~ . i MARINA WAY PROPOSED ROAD RIgiT--OF-WAY ABANDONMENT SKETIrH OF DESCRIP110N ' SHEET 2 OF 2 ~ DATE 7 23 08 DRAWN BY JC F.B. PG. N A SCALE AS SHOWN JOB N0. 5389SKOD ,~ r - Q ~ = r ~-- r ~ aoo• I^ry'~aco,ROSrar OKIYAY L Wq~e ~ j ~ RyYA Y i ! (PLAT 800/( f7, pA6~ 1B ~ Q z BJ _ NA VIOABLE INTRACOASTAL WATERWAY BOUNDARY • A-PROXIMATE LOCATION = r r ~ S.E. 2ND ST. J Q W D W li... j SEAGA TE TOWERS ~ ~ ~-. ~ Q • _ ~ ~ ~ ~ ~ ~ u t ~ ~ Z Q ~ r j ~' ~ ~' N ~ n ~ , Q ( ~ 4 ~ O ~ ~ ~' + U S.E. ~ ~ 3RD ST. ~ ~ ~ ~ ~- o ~ ~ l z y m ~~ ~ w cn ~ 1 ~ nj 0 ~ z ~ r i ~- 3U9JECT AREA CANAL STREET QTY a• DELRAY BEACH, FL ® RIGHT-OF-WAY ABANDONMENT PLANNING 6t ZONING DEPARTMENT -- L>IC/TAL HOSE MAP SYSTEM -- MAP REF: LMA-Z40 ifMK9Nlttl ..,, ~.~-t.p(iYSI zmw axe.uaov kolvn.]oe ~IXI ~1nj ~ gVtl Md O11JATd'M Rtt[ 9MWAb6 • Mlfa]31JlA}V 3/gb'Mel 9MhYYb tlell ~ C,UHtP]N3lNJ ">NI 'LJ3'13aHM 4 4'131d"Y~V'J ~,3nans ~.abaNnOa ~ ~ ~~ ~g ~ ~ 3 101 d0 N011210d d ~ ~ g . m ~ ~- SONRIOOW 3H1 ~ ~ s '< ~ ~ ~ a ~~ ~ ~~6 ~~ .~~~ ~ a Q• s ~~ R#~~~~ ~ ~y~~ 'g ~~~~~~~ Eg~~~ ~a~ 9i~>'3~~~ ~yy ~ Y Z?S J'~ 9X ~~ 1~~~ r s~~~~~~ ~~ ~ °~ ~~ ~'~ ~ e~ ~~~~.~~~ K~ ~~ ~~ s~~ ~ ~ ~ ~y ~ ~ ..~~~~~ ~a ~ a *~~ ~~~ ~ ~~ =q n~~ :~{~eeege ~ s ~ B ~ ~R ~` 1 ~~~ ~ ~ ~. ~ ~ n a;; ~~+[a`r'Y°0x..~;++o - ~r 1 8 @~gg CC~y~2 $€, kd~ ~~ S°~ie. "Nel n`~tc'°a aJ ~ ~ ~B~~p~R R & 5i ~~ t M.a.~ua ~ye ~ ~" ~ ~~ ~ ~ ° ~8~~~~ ~~~ ~~ R .. . I + ~ ~~ ~~~~~g~~~~~~~ ~ ~ ~ ~ a& ~,~. e ~". ~ ~ ~" ~ ~ >, ads ~~ ~ ~ s ~ ~~I ~ r x ~~~ ~~l~~~~~~~ ~ ~~ g, ~~~~ awM~ ~ '~~9'Jd'~2.~'.t~~:L1.'~:.~~.1~{Iq.~ti~'~a ~.~ ~ ~ ~~ ~ ~ h AOYZI 0 Mcq( 8~~~ ~ ~ ~eg~~~ ~ ~~ ~ ~ .,,.,,>:t, ~ ~ 9 F 9B 49~ ~ ~t3e~sl~a8~ ~ ~~ ::~ ~ ~ a~ e ss .a M.n» A,s ~ .fie ~~ a,€~ x ~ ~I I ~ ~ G E_ Q a I IE }1aC 11E0' Vr 71M AYOMIE - _ r Mln gxr-0f-..e - - - ^ OA/R-ria4 . rrAQ A '-i I ,• PLANNING AND ZONING BOARD CITY OF DELRAY BEACH rrrSTAFF REPORT--- MEETING DATE: September 15, 2008 AGENDA ITEM: IV.A. ITEM: Abandonment of a 0.17 acre rectangular shaped portion of Canal Street in conjunction wi#h the development of a two single family lots, lying at the southwest corner of S.E. 2"d Street and the Intracoastal Waterway. GENERAL DATA: Owner ..................................... Applicant/Agent ........................ Location .................................. Property Size ........................... Existing FLUM Designation..... Current Zoning ..................... Adjacent Zonings...........North East South: West: Existing Land Use ................... Proposed Land Use ............... Water Service ......................... Kathy R. Cobban. David P. Lindley, P.L.S., Caulfield & Wheeler. Southwest corner of S.E. 2"d Street and the Intracoasta[ Waterway. 0.17 Acres LD (Low Density Residential, 5 -12 Units per Acre). R-1-AA (Single Family Residential). CF (Community Facilities). Intracoastal Waterway and RM (Multiple Family Residential -Medium Density). R-1-AA (Single Family Residential). R-1-AA (Single Family Residential). Unimproved portion of the Intracoastal right-of-way containing sod and a seawall. Abandonment of right-of- way to be incorporated into a proposed two-lot single family subdivision. N/A Sewer Service ......................... NIA ATLANTIC VETERANS PLAZA PARK ATLA N TIC AVE. W a J a ~o ~ S.E. S 57. v~ a ~- Q 3 ~- a _ ~ 3 S.E. 2ND ST. J Q SEAGATE ~ TOWERS Q O U a ,~ sr. z d w z S.E. 4TH sT. SEA GA TE MANOR N --.~- IV.A. The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of the City's interest in a 0.17 acre rectangular-shaped portion of Canal Street associated with the creation of two single family lots. The parcel is located at the southwest corner S.E. 2"d Street and the )ntracoastal Waterway, adjacent to 200 Marine Way. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(M), Abandonment of Right-of--Way. The Canal Street right-of-way was originally dedicated in July of 1896 with the recordation of Town of Linton plat (Plat Book 1, Page 3) as a 50' right-of--way. In December of 1935, Block 127 of the Town of Linton plat was re-platted into 25 separate parcels via the Blank-Nichols subdivision (Plat Book 13, Page 28) and Canal Street was renamed "Park Avenue." In December of 1943 the north half of Block 127 was re-platted into 5 separate parcels {Tracts A thru E) via The Moorings plat (Plat Book 20, Page 27) and Park Avenue (a.k.a Canal Street) was delineated as part of the Intracoastal Waterway. The subject portion, of what was originally Cana! Street, is adjacent to and east of Lot `E" of The Moorings plat. In the late 1920's (1928, 1929 and 1930), the Florida Inland Navigational District (F.I.N.D.} surveyed the entire Florida East Coast Canal (now known as the Intracoastal Waterway) from Miami to Jacksonville for the purpose of locating certain tracts or parcels of land to be included within the proposed right-of--way for the Intracoastal Waterway. According to Sheet 16B (Plat Book 17, Page 16B) of the plat set for Palm Beach County, all of Canal Street south of Atlantic Avenue was included within the proposed right-of-way far the Intracoastal Waterway. Along this stretch of Canal Street, the west 50' of the ultimate right-of-way for the Intracoastal Waterway overlaps with the 50' that was originally platted as public right-of-way via Plat Book 1, Page 3 of the City's original plat {Town of Linton). Therefore, the west right-of-way line of the ]ntracoastal Waterway now coincides with the west right-of-way line of Canal Street. Subsequently, there are portions of this swath of Intracoastal right-of-way that were never dredged for inclusion with the navigable waterway and remain unimproved. The subject 50' section of Canal Street east and adjacent to Tract "E" of The Moorings plat is one of these areas. While the City may have right-of--way via-Canal Street, the Intracoastal Waterway is dedicated to the Army Corp of Engineers. Currently the subject portion of right-of--way is unimproved and has been utilized as additional side yard for the adjacent properties for many years. A concrete seawall is located approximately 43' east of the west property line of the Intracoastal Waterway as noted above. On September 17, 2008 the Historic Preservation Board will consider a Certificate of Appropriateness (COA), Site Plan, Landscape Plan and Architectural Elevations for a proposed single family residential development. The applicant has requested abandonment of the City's interest in Canal Street as part of the development proposal. While the City's interest is under consideration, this does not remove any interest that may or may not be vested in the Intracoastal by other entities, i.e. the Army Corps of Engineers. Re-platting the existing property at 200 Marine Way and resolution of any interest, City or otherwise will be required prior to this property's inclusion in the plat. Planning and Zoning Board Stafr Report: September 15, 2008 Canal Street Abandonment-200 Marine Way ::: .,.. .._:- .~ ,...,: ..: ~1BANbt~~IVtIE?N~' b;~~Rl~'"~1~~ .:......... .. The portion of Cana[ Street right-of-way to be abandoned measures approximately 50' in width by 148.65' (average length of the parcel through its centerline) and contains approximately 7,432 square feet (0.17 acres). The subject parcel represents the entire portion of Canal Street right-of--way, adjacent to Lot "E" of The Moorings subdivision. The abandonment request was submitted by David P. Lindley, P.L.S., of Caulfield & Wheeler who is the authorized agent for Kathy R. Cobban, owner of the property located at 200 Marine Way. The applicant is seeking Site Plan approval associated with a COA for two single family lots and has also submitted a minor subdivision plat application. The abandonment of all interest {City and Army Corp of Engineers) and verification of ownership are listed as conditions of approval per the Site Plan. The applicant is requesting that the City vacate and abandon all public interests in this right-of- way so that the property could be utilized primarily for setback and required open space purposes. It should be noted that the construction plans show significant portions of the paver pool deck and landscaping for each home located within the abandonment area. Also, the roof of the home proposed on Lot 2 overhangs within the abandonment area. Pursuant to LDR Section 2.4.6(M)(1), public right-of-way maybe abandoned (returned) to the adjacent property fo the same degree in which it was originally obtained (i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated fhrough subdivision shall be divided at the center fine and returned equally to abutting parcels). It should be specifically noted that, this formal abandonment process is only to vacate and abandon all public interests, in this right-of--way _(Canal Street) and not the assignment of reverted property. Verification of any rights associated with this area dedicated to the Army Corp of Engineers is a condition of approval. It is a civil mat#er as #o the ownership of the subject portion and must be resolved prior to this parcel being incorporated into any adjacent plat. The applicant has been instructed to request written notification from F.I.N.D. and the Army Corp of Engineers stating that these public agencies are aware of the applicant's development plans. The receipt of this notification by the City prior to recordation of the plat and issuance of any building permits for the development are attached as conditions of approval. Utility Services The City's Environmental Services Department has not identified any water or sewer mains within the subject area; therefore the City Engineer has no objection to the Canal Street right-of- way abandonment. The City's Fire Department has reviewed the request and has no objection to the abandonment. Utility provider company FPL (Florida Power and Light) has responded with no objection to the abandonment. FPU (Florida Public Utilities}, AT&T Telephone, and Comcast Cable did not respond to the request for comments. Pursuant to LDR Section 2.4.6(M)(5), prior to any right-of-way abandonment being approved, the following findings must be made: 2 Planning and Zoning Board Staft Report: September 15, 2008 Canal Street Abandonment - 200 Marine Way A} That there is not, nor will there be a need for the use of the right-of~nray for any public purpose. Currently, the right-of--way is unimproved, and as previously mentioned. The City has no plans on improving #his right-of-way for any public purpose. Pursuant to Policy B-7.4 of the Coastal Management Element of the City's Comprehensive Plan, The City shall retain al! exisfing public access fo the Intracoastal Waterway, including street ends, and should consider enhancemenf of the street ends as pocket parks with reasonable use restrictions Including limited hours of operation. Southeast 2`~ Street is a dead end street with its terminus being the Intracoastal Waterway. Immediately north of this dead end portion of S.E. 2"d Street is the publicly owned City Marina. Therefore, public access to the Intracoastal Waterway has been retained to the north via the City Marina. While access to the south could be retained for the City via an easement, given its location immediately adjacent to private property, additional public access is not appropriate. Therefore, a positive finding with respect to Policy B-1.4 of the Coastal Management Element of the City's Comprehensive Plan can be made. B) That the abandonment does not, nor will not, prevent access to a lot of record. Currently no lots use the abandonment area for primary access. C) That the abandonment will not result in a detriment to the provision of access andlor utility services to adjacent properties or the general area. Ail applicable utility easements will be dedicated on the proposed "Marine Way" plat and all franchise utility companies have been notified via the site plan and abandonment process. ;.. R~U1~~41I~Y OTH~i~S. The development proposal and associated abandonment area is not within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). However, the area is located within the Marina Historic District and will be reviewed by the HPB (Historic Preservation Board) at its meeting of September 17, 2008 as part of a Certificate of Appropriateness (COA). At its meeting of August 21, 2008 the Development Services Management Group (DSMG} reviewed the abandonment request and recommend approval subject to the owner providing the City written confirmation that the Army Corp of Engineers and F.I.N.D. are aware of the development plans and have no objections. Courtesy Notices: Courtesy notices have been provided to the following: • Marina Historic District • Neighborhood Advisory Council 3 Planning and Zoning Board Staff Report: September 15, 2008 Canal Street Abandonment-200 Marine Way Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. ::... _. The subject right-of-way is unimproved and there are no current plans for its improvement. This abandonment is limited to the City's interest in the Canal Street right-of-way and is not the assignment of reverted property. As noted in the staff report, the subject area is within the 300- foot ultimate right-of-way for the Intracoastal Waterway. All necessary easements (drainage, utility, access, etc.} will be accommodated for this development via dedications on the plat. Public access to the Intracoastal has been retained to the north of this area via the City Marina and public access to the south of the abandonment area is not appropriate. 1. Continue with direction. 2. Move approval of the request for the abandonment of a 0.17 acre portion of Canal Street located at the southwest corner of N.E. 2"d Street and the Intracoastal Waterway 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 LDR's with conditions. 3. Move denial of the request for abandonment by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is not consistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.6{M){5) of the t_DRs. By motion, recommend to the City Commission approval of the abandonment of the City's interest in a 0.17 acre portion of Canal Street located at the southwest corner of N.E. 2"d Street and the Intracoastal Waterway 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 Land Development Regulations subject to the following condition: 1. That written notification from F.I.N.D. and the Army Corp of Engineers is received by the City prior to incorporation of this area into any plat or development proposal. Attachments: Location Map. Survey of Abandonment Area. Marine Way Plat. Abandonment Resolution #00-08. 4 S.E. 1ST ST. ~.i > >- Q I- w w vi Q z ~. ~ Q Q ~ ~ w = Q S.E. 2ND ST. J Q W ~ ~ ~` Q SEAGATE ~` TOWERS ,~ = Q '~ o ~ U z ~ Q ~ ~ 1' ~ Z .~ S.E. 3RD ST. 0 Z m ~'~ _ ~ r- O Z SUBJECT AREA CANAL STREET ® CITY OF DELRAY BEACH, F~ RIGHT-OF-WAY ABANDONMENT PLANNING & ZONING DEPARTMENT -- D/C/TAL &1SE MAP SYSTEM -- MAP REF: LMA--24D DESCRIPTION: ROAD RIGHT-OF-WAY ABANDONMENT A PORTION OF CANAL STREET, MAP OF THE TOWN OF LINTON, FLORIDA, ACCORDING TO THE PLAT THEREOF, A5 RECORDED IN PLAT BOOK 1, PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT E, THE MOORINGS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, PAGE 27 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S.07'36'16"W, ALONG THE EAST LINE THEREOF, SAID LINE BEING THE WEST RIGHT-OF-WAT LINE OF SAID CANAL STREET, A DISTANCE OF 145.60 FEET; THENCE 5.83'04'44"E., A DISTANCE OF 50.00 FEET TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID CANAL STREET; THENCE N07'36'16°E. ALONG SAID EAST RIGHT-OF--WAY LINE, A DISTANCE OF 151.69 FEET; THENCE 5.89'59'16"W ALONG THE EASTERLY PROLONGATION OF THE NORTH LINE OF SAID LOT E, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. CONTAINING 7,432 SQUARE FEET/0.1706 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF RECORD. NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING OF S.07'36'16"'W. ALONG THE EAST LINE OF LOT E, THE MOORINGS, AS RECORDED IN PLAT BOOK 20, PAGE 27 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA 4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. CERTIFICATE: i HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON. DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON JULY 23, 2008. I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17-6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027. CAUL_FIELD & WHEELER, INC. CIVIL ENGINEERING -LAND PLANNING LANDSCAPE ARCHITECTURE -SURVEYING Q O` 7301A W. PALMETTO PARK ROAD -SUITE IOOA -:;; 80CA RATON, FLORIDA 33433 PHONE (561)-392-1991 /FAX (561)-750-1452 DAVID P MARINA WAY PROPOSED ROAD RIGHT-OF-WAY ABANDONMtaIT SKETCFI OF' DESCRIPTION JRVEYOR i'ATE OF B. 3591 LINDLEY ~ LAND N0. 5005 FLORIDA SHEET 1 OF 2~ DATE 7 18 08 DRAWN BY JC F.B. PG. N A SCALE AS SHOWN JOB N0. 5389SKOD ~~~! i ~Je `~ r'~ lr S.E. SECOND STREET 50~ ROAD RIGHT--OF-WAY (PLAT BOOK 1. PAGE 3) NORTH LINE OF LOT E POINT OF BEGINNING N.E. CORNER OF LOT E THE MOORINGS (PLAT BOOK 20, PAGE 27) EAST LINE OF LOT E (BEARING BASIS) A PORTION OF LOT E THE MOORINGS (PLAT BOOK 20, PAGE 27) O ~D r- ~ ~ Q Q U 0 w >- 0 ti S89'S9:1 fi"W 1- w ~~ J~ Q~ w zo¢ Q~4 V~~ ~~Q OQ~ z~~ ~~~ a° Q 00' Q z U a w z ~~ co _~ t0 M REMAINDER OF LOT E THE MOORINGS (PLAT BOOK 20, PAGE 27) IHTRACOgs A~ OF~WAY-- (PLAT BOOK j7 pATERWAY (NOT 70 SCgZ~} 16B) 1 CAULFIELD 8~ WHEELER, INC. '~° CIVIL ENGINEERING -LAND PLANNING LANDSCAPE ARCHITECTURE -SURVEYING ,~;`t;<.4~ 7301A W. PALMETTO PARK ROAD -SUITE IOOA ^~4f=~ "` ~ ~-~;~.; BOCA RATON, FLORIDA 33433 PHONE (56D-392--1991 /FAX (561)-750-1452 MARINA WAY PROPOSED ROAD RIGHT-OF-WAY ABANDONMENT SKETCH OF DESCRiPT10N ~- La.- 4 ~ r! ~ o +- Z d w .Q 3 a ~¢ ca Q~ ~ 3~ Q ~z~ Y ~o m o °'- 4 NORTH Z 30 15 0 15 30 q3~ rf I GRAPHIC SCALE (IN FEET} S83'0 50.00' ~uo'.RIGF{r OF-yyA INTRACOAS7gL WATERI (PLAT BOOT( i7 (NOT TO SCA~E~ ~' SHEET 2 OF 2 DATE 7/23/08 DRAWN BY JC F.B./ PG. N/A SCALE AS SHOWN JOB N0. 53$9SKOD ~"~ (V b o *~~,1 ~M~fwly ~` ~~ ~ eg ~~~~k~~ ~ ~~ ~~ ~~~ ~ ~~ ~ ~~~ e~~~ {ygY~~ Gd~ °yd63~.i~~ °~~6 ~~~~ ~~~ ~~~ ~~ ~ aremvr..rlsgJVnw ~F ~n e~ ~~ ~~ ~ s R ~~~ i. E ~~ PI ~~ ~ 1 It~i$ G °~gyb~L ~. G+~ F~~e lx ~~ ~ ~ ~Y~~~ ~~ ~ e~~~~ ~~~~ s ~ 9~3~n ~~~~ ~ d ~g~ ~` ~~5 ~~ a ~8~~ R~ ~~~ ~€~ ~~~~~ d ~ ' ~~~~ ~~~~D Int ~e~~ ~ 4~ ~ b ~~ ~~ ~ ~~~Rg~ ~ ~ ~ ~~~~ ~ ~ ~ ~~ ~ ~ ~ ~~~s '~~ ~ ~ ~~ ~} p~ 9 ~~~~~ ~~~~~ ~~ ~~~ ~~ x ~ ~~~ 9~ ~ ~ ~~ ~qq~ 8 ~~ B ~~ o ~S~ ~ ~ ~~ t ~~ ~~ ~AR g~~~ b ~~ 6 ~~ ~ ~ ~~~~~ . ~~~~~ ~ gb ~ ~~~~~~~a~.~ ~~~5~~ ~ ~~ ~_~~~ ~~~ 1F ~<z e~lp$6L ~~'~~'4 ~n~~ K ~ ~~~ ~~~~ ~Y~ e6~~ W 5 w I~ ~ ,~ ~T ~~ a~~t d$ tig ~` ~~ ~~ ~~" ~~ ~~ ~~ ~ _ ~~~~~ ~ ~ ~~~ ~~ ~~~ ~~a ~ ~ ~~ ~ a c, ~~ ~ ~~ ~ p2 tg 4 ~ ~ GR U ~ ~ ~ ~~ ~~i j ~ ~~ ~~ n~i ~ ~ ~ , _ .~~~ - ~~' ~~ >~~ ~~b ~~ ~o~ ~~~ ~ ~ ~~~~~, ~° ~g~~ s~~ b g p 1^ ~ C~ {f`rb Cn o ~ ~~ g~~ ~ s J y~ ~~~ ~ ~ - ~ ;~n ~ ~~ ~~~ ~~ ~~ ~g~~ ~ ~~~~ 6 ~y ~qyV A'N1M /i dl g aatirrroM ~ ~~ ~ ~ `~ ~ pc~es~ ~~~ ~ ~~ ~' >s~ 1 ~~~ £ ~e~ t~~ ~ ~~~ ~ u~~ ' ~ ~' W~a 1 ~ s fi~ ~_° Y~t ~' g~ ~ ~ ~ _ ~~ ~~~a~ ~~ ~'~- ~ y3jyyg~1(t~ (t bN 1.'4y lYM .r` ~~~ RESOLUTION N0.00.08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA VACATING AND ABANDONING A PORTION OF THE CANAL STREET PUBLIC RIGHT OF WAY LOCATED AT THE SOUTHWEST CORNER OF N.E. 2ND STREET AND THE INTRACOASTAL WATERWAY AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS the City of Delray Beach, Florida, received an application for abandonment of a portion of the Canal Street right-of-way (ROW), located at the southwest corner of N.E. 2°d Street and the Intracoastal Waterway, as more particularly described herein, and WHEREAS said application for abandonment of a general public right-of--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 heating on September 15, 2008 and voted _to - to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(M)(5) and Policy B-1.4 of the Coastal Management Element of the City's Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of--way, based upon positive findings pursuant to LDR Section 2.4.6(M}(5). NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF .THE CITY OF DELRAY BEACH FLORIDA AS FOLLOWS: Section 1. The foregoing recitals are hereby incorporated herein by this reference. Section 2. 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 0.17 ACRES, MORE OR LESS. PASSSED AND ADOPTED in regular session on this the day of , 2008. ATTEST: MAYOR City Clerk