Res 50-11II m11111111111 11111111111111111~ 1111111 111 1111 (f)"Tl:::r ..,ru ' o Z ::J C :;US:: CD t....~ DELRAY BEACH o a [ITY D DELA Y RN m t l U It I 'I " 100 N W ls AVt=-NJE DELRAY BEACH
FLORIDA 334401 ~G112 J 7gP,O~CITY CLERK -ao .;..:,,CQAll-AmericaCity m.J:>o ~. CQ ~o o::tl'1111' ::u9 OCD 1'l') 1 ;z:0CERTIFICATION 21>01 -00 -I A ::o~ 0):> I, CHEVELLE D. NUBIN, CMC,
City Clerk of the City of Delray 'GJM=;m Beach, do hereby certify that the attached document is a true and correct ;ON +:>0 copy of Resolution No. 50-11, as the same was passed and adopted
by the OJ -'" Delray Beach City Commission in regular session on the 4th day of October -l. 2011. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of
Delray Beach, Florida, on this the 17th day of October 2011. ~.. ~'\).Wb:N Chevelle D. Nubin, CMC City Clerk City of Delray Beach, Florida SERVICE' PERFORMANCE' INTEGRITY· RESPONSIBLE
• IN OVATrVE • TEAMWORK
RESOLUTION NO. 50-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF Df<::LRAY BEACH, FLORIDA, VACATING AND ABANDONING AN ALLEY RIGHT-OF-WAY, AS MORE FULLY DESCRIl3ED IN EXHIBIT "A".
BUT RESERVING AND RETAINING TO THE CITY A WATER/SEWER EASEMENT OVER THE ENTIRE AREA THERFOF AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the Cily of Delray Beach, Florida, received
an appLication for abandonment of an alley right-of-way, as more particularly described in Exhibit "A"; said alley right-of-way being loca ted between Lots 4-9 and Lots 10-'15 of Block
11, Osceola Park; and WHEREAS, the applicat.ion for abandonment of said right-of-way was processed pursuant to Section 2.4.6(0), "Abandonment of Rights-of-Way", of the J,and Development
Regulations of the City of Delny Beach, Florida; and WI-IEREAS, pursuant to LDR Section 2.4.6(0)(3) (e), the Planrung and Zoni.ng Board, as Local Planning Agency, formally reviewed t.he
matter at a public hearing on September 20,2010, and voted 7 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LOR Section 2.4.6(0)(5), and
subject to the condition that a water/sewer easement be retained over the entire area; and WHEREAS, pursuant to LDR Section 2.4.6(0), the application was forwarded to the City Commission
with the recommendation that the abandonment be approved, based upon positive findings; and WI-IERE1\S, the CiLy Commission of the City of Delray Beach, Florida, pursuant to LDR Section
2.4.6(0)(5) find that there is no need for the use of the right-of-way for a public purpose; the abandonment will not prevenL access to a lot of record; and the abandonment will not
result in detriment to the provision of utiliLy services or access to adjacent properties or the general area and deems it to be in the best interest of the City of Delray Beach to vacate
and abandon said right·ofway, as more particularly described in Exhibit "1\", but does not abandon and retains and reserves unto itself an easement over the entire area thereof, as more
particularly described herein, for the purpose of emergency access and constructing and/or maintaining any improvements including, either over or under the surface, pipes for water/sewer
or for any infrastructure associated with water/sewer owned by the City. NOW, Tf-Il:.m EFORE, BE IT RESOLVED BY TJ-lE CITY COMMISSION or THE CITY OF Df':LR.i\ Y BEACH, FLORIDA Section
1. Tha t the foregoing recitals are hereby incorporated herein by th.is reference.
Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the florida Statutes, it is hereby determined to vacate and abandon all tight and interest it holds to the following
real properly, for right-of-way purposes only, but does not abandon and retains and tl.:serves unto itself a utility casement over the entire area thereof, for the purpose of emergency
access and constructing and/or maiutaining either over or under the slll'face, pipcs for scwer/water or for any infrastructure associated with water/sewer owned by the City, more particularly
described as follows: Sec, I ':xhibit "i\" PASSED AND ADOPTED III regular sessIOn on this the \ day of ~r 1> ,2011. ATrEST: CITY CLERK 2
EXHIBIT "A" DESCRIPTION: ALL THAT PORTION OF THE CERTAIN 16.00 FOOT WIDE ALLEY LYING THROUGH 9 OF BLOCK 11, AND LOTS 10 THROUGH 15 OF BLOCK 11, ACCORDING TO THE PLAT THEREOF, RECORDED
IN PLAT BOOK 3, PAGE RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY BEGINNING AT THE NORTHWEST CORNER OF LOT 4 OF SAID BLOCK 11 ; THE WEST LINE OF LOTS 4 THROUGH 9 OF SAID
BLOCK 11, A DISTANCE THE SOUTHWEST CORNER OF LOT 9 OF SAID BLOCK 11; THENCE S.89"31 '30" OF 16.00 FEET TO THE SOU THEAST CORNER OF LOT 1 0 OF SAID BLOCK ALONG THE EAST LINE OF LOTS 10
THROUGH 15 OF SAID BLOCK 11, FEET TO THE NORTHEAST CORNER OF LOT 15 OF SAID BLOCK 11; THENCE DISTANCE OF 16.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF DELRAY
BEACH, PALM BEACH CONTAINING 4,851 SQUARE FEET/0.1114 ACRES MORE OR LESS. NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON ARE
NOT ABSTRACTED FOR RIGHTS-OF-WA Y, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING WEST LINE OF LOTS 4 THROUGH 9, BLOCK 11, OSCEOLA
PARK. 4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5. DATA SHOWN HEREON WAS COMPil ED FROM THE INSTRUMENT OF CONSTITUTE A FIELD SURVEY AS SUCH. CERTIFICATE: I HEREBY
CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND PREPARED UNDER MY DIRECTION ON JUNE 23, 2010. I FURTHER CERTIFY OF
DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUAI\JT STATUTES 472.027. BETWEEN LOTS 4 OSCEOLA PARK, 2 OF THE PUBLIC
DESCRIBED AS FOLLOWS: THENCE SOUTH ALONG OF 303.22 FEET TO W., A DISTANCE 11 ; THENCE NORTH, A DISTANCE OF 303.22 N.89·31'30"E., A COUNTY, FLORIDA. WITH AN EMBOSSED EASEMENTS, OF SOUTH
ALONG THE RECORD AND DOES NOT HEREON DESCRIBED BELIEF AS THAT THIS SKETCH IN CHAPTER 5J-17 TO FLORIDA CAULFIELD 8.. WHEELER, INC. CIVI L ENG INEERING -LAND PLANNING LANDSCAPE AR CHITE
CTURE -SURVEY ING 730l A W. PALMETTO PARK ROAD -SUI TE 100A BOCA RA TON, FLOR IDA 33433 PHONE (56 1 92-1991 /FAX 561 750-1452 OSCEOLA PARK ALLEY ABANDONMENT SKETCH OF DESCRIPl10N SHEET
1 OF 2 AS SHOWN JOB NO. 4610ALLEY
GRAPHIC SCALE ~ (IN FEET) 6~O-=~3rO__-+O~~3~O__~60 I I~~ POINT OF BEGINNINGNORTHINTENDED DISPLAY SCALE N.W. CORNER OF LOT 4 1 INCH =60 FEET {(BLOCK 11 /~SCEOLA PARK 30'30' 30' N.E. CORNER
OF LOT 15~ 'r----W. LINE OF LOTS 4-9 BLOCK 11 BLOCK 11 LOT 15 (BEARING BASIS) LOT 4 N N N N LOT 5 LOT 14 ,,; ,,; w>0 0 « 30' ,-...'-'" ~lD (J)~ ~N I I ~O oo~ ~N VlVl wwI') I') =>::>>-I
<..?<..?1---------------1Z~« « « BLOCK 11BLOCK 11 >«_lL.. NN~~~tD-·~w OSCEOLA PARK--lOSCEOLA PARK --l :::I: 9 :.::::.:::(PLAT BOOK 3, PAGE 2)(PLA T BOOK 3, PAGE 2) « ~....JI-00 LOT 6
<O~~ ggLOT 13 iD ~ 1-_________--/. W a:: I-IlL!o"O I ~~ (/)~lD ~ ~ LOT 12 0:: LOT 7=>0 0Z (/) 127.50' LOT 11 LOT 8 E. LINE OF LOTS 10-15BLOCK 11 LOT 10 LOT 9 30' D_D_ 00 «« 00a:: a::
~ 30'IS. E. CORNER OF LOT 10" I rS,W, CORNER OF LOT 9 BLOCK 11 \ V BLOCK 11 30' I 30' , S89"31'30"W "0S.E. 7TH STREET ~16.00' ____N_ ~ "0 40' RIGHT-OF-WAY "0 N (PLAT BOOK 3, PAGE 2)
N ~~~~~~~~L-________________~~ ~ ~ SHEET 2 OF 2 CAULFIELD a WHEELER, INC. CIVIL ENGINEERING -LAND PLANN!NGl/l LANDSCAPE ARCHITECTURE -SURVEYINGU/730lA W. PALMETTO PARK ROAD -SUITE 100A
BOCA RATON, FLORIDA 33433crtJ PHONE (561)-392 -1991 /FAX (561)-750-1452 OSCEOLA PARK ALlEY ABANDONMENT SKETCH OF DESCRIPTION DATE 6/23/10 DRAWN BY JC F.B./PG. N/A SCALE AS SHOWN JOB
NO. 461 0ALLE Y
RESOLUTION NO . 50-11
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF Df<::LRAY BEACH, FLORIDA, VACATING AND
ABANDONING AN ALLEY RIGHT -OF -WAY, AS MORE
FULLY D ESC RIl3ED IN EXHIBIT "A". BUT RESERVING
AND RETAINING TO THE CITY A WAT E R/SEW E R
EA SEM E NT OV E R THE ENT IRE AREA THERFOF AS MORE
PARTIC U LARLY D ES CRIBED HEREIN.
WHEREAS, the Cily of Delray Beach, Florida, received an appLication for abandonment of
an alley right-of-way, as more particularly described in Exhibit "A"; said alley right-of-way being
loca ted between Lots 4-9 and Lots 10-'15 of Block 11, Osceola Park; and
WHEREAS, the applicat.ion for abandonment of said right-of -way was processed pursuant
to Section 2.4.6(0), "Abandonment of Rights-of-Way", of the J ,and Development Regulations of
the City of Delny Beach, Florida; and
WI-I E REAS, pursuant to LDR Section 2.4.6(0)(3) (e), the Planrung and Zoni.ng Board, as
Local Planning Agency, formally reviewed t.he matter at a public hearing on September 20,2010, and
voted 7 to 0 to recommend approval of the abandonment, based upon positive findings with respect
to LOR Section 2.4 .6(0)(5), and subject to the condition that a water/sewer easement be retained
over the entire area; and
WHEREAS, pursuant to LDR Section 2.4 .6(0), the application was f o rwarded to the City
Commission with the recommendation that the abandonment be approved, based upon positive
finding s; and
WI-IERE1\S, the CiLy Commission of the City of Delray Beach, Flori da, pursuant to LDR
Section 2.4.6(0)(5) find that there is no need for the use of the right-of-way for a public purpose;
the abandonment will not prevenL access to a lot of record; and the abandonment will not result in
detriment to the provision of utiliLy services or access to adjacent properties or the general area and
deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right ··of
way, as more particularly de scr ibed in Exhibit "1\", but does not abandon and retains and reserves
unto itself an easement over the entire area thereof, as more particularly described herein, for the
purpose of emergency access and constructing and/or maintaining any improvements including,
either over or under the surface, pipes for water/sewer or for any infrastructure associated with
water/sewer owned by the City.
NOW, Tf -Il:.m EFORE, B E IT RE S OLVED BY TJ-lE CITY COMMISSION or THE
CITY OF D f ':LR.i\ Y BEACH, FLORIDA
Section 1. Tha t the foregoing recitals are hereby incorporated herein by th.is reference .
Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the florida
Statutes, it is hereby determined to vacate and abandon all tight and intere st it holds to the
following real properly, for right -of-way purposes only, but does not abandon and retains and
tl.:serves unto itself a utility casement over the entire area thereof, for the purpose of emergency
access and constructing and/or maiutaining either over or under the slll'face, pipcs for scwer/water
or for any infrastructure associated with water/sewer owned by the City, more particularly
de scr ibed as follows:
Sec, I ':x hibit "i\"
PASSED AND ADOPTED III regular sessIOn on this the \ day of ~r 1> ,2011.
ATrEST:
CITY CLERK
2
EXHIBIT "A"
DESCRIPTION:
ALL THAT PORTION OF THE CERTAIN 16.00 FOOT WIDE ALLEY L Y ING
THROUGH 9 OF BLOCK 11, AND LOTS 10 THROUGH 15 OF BLOCK 11,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE
RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY
BEGINNING AT THE NORTHWEST CORNER OF LOT 4 OF SAID BLOCK 11 ;
THE WEST LINE OF LOTS 4 THROUGH 9 OF SAID BLOCK 11, A DISTANCE
THE SOUTHWEST CORNER OF LOT 9 OF SAID BLOCK 11; THENCE S.89"31 '30 "
OF 16 .00 FEET TO THE SOU T HEAST CORNER OF LOT 1 0 OF SAID BLOCK
ALONG THE EAST LINE OF LOTS 10 THROUGH 15 OF SAID BLOCK 11,
FEET TO THE NORTHEAST CORNER OF LOT 15 OF SAID BLOCK 11; THENCE
DISTANCE OF 16.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH
CONTAINING 4,851 SQUARE FEET /0 .1114 ACRES MORE OR LESS.
NOTES:
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED
SURVEYOR'S SEAL.
2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WA Y ,
OWNERSHIP, OR OTHER INS TR UMENTS OF RECORD .
3. BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING
WEST LINE OF LOTS 4 THROUGH 9, BLOCK 11, OSCEOLA PARK.
4 . THE "LAND DESCRIP T ION" HEREON WAS PREPARED B Y THE SURVEYOR.
5. DATA SHOWN H EREON WAS COMPi l ED FROM THE INSTRUMENT OF
CONSTITUTE A FIELD SURVEY AS SUCH.
CERTIFICATE:
I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE
PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
PREPARED UNDER MY DIRECTION ON JUNE 23, 2010. I FURTHER CERTIFY
OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH
ADOPTED BY THE FLORIDA BOARD OF SURV E YORS AND MAPPERS PURSUAI\JT
STATUTES 472 .027.
BETWEEN LOTS 4
OSCEOLA PARK,
2 OF THE PUBLIC
DESCRIBED AS FOLLOWS:
THENCE SOUTH ALONG
OF 303 .22 FEET TO
W., A DISTANCE
11 ; THENCE NORTH,
A DISTANCE OF 303.22
N .89·31'30"E., A
COUNTY, FLORIDA.
WITH AN EMBOSSED
EASEMENTS ,
OF SOUTH ALONG THE
RECO R D AND DOES NOT
H EREON DESCRIBED
BELIEF AS
THAT THIS SKETCH
I N CHAPTER 5J-17
TO FLORIDA
CAULFIELD 8.. WHEELER, INC.
CIVI L E NG I N EE RING -L A ND P L A NNING
LA ND S C A P E AR C HITE CT U RE -SURVEY I NG
7 3 0l A W. P A L M E TTO P A RK RO A D -SUI T E 100 A
BO C A RA T ON, FL OR ID A 33433
P H O N E (5 6 1 92 -1991 / F AX 5 6 1 7 50 -1452
OSCEOLA PARK
ALLEY ABANDONMENT
SKETCH OF DESCRIPl10N
SHEET 1 OF 2
AS SHOWN
JOB NO. 4610ALLEY
GRAPHIC SCALE ~ (IN FEET)
6~O -=~3rO __-+O ~~3~O __~60
I I ~~
POINT OF BEGINNING NORTH INTENDED DISPLAY SCALE N.W. CORNER OF LOT 4
1 INCH =60 FEET {(BLOCK 11
/ ~SCEOLA PARK
30'30' 30'
N .E. CORNER OF LOT 15~ 'r----W. LINE OF LOTS 4-9
BLOCK 11 BLOCK 11
LOT 15 (BEARING BASIS)
LOT 4
N N
N N LOT 5
LOT 14 ,,; ,,; w>0 0 «
30'
,-...'-'"
~lD
(J)~ ~N
I I ~O
oo~
~N
VlVl ww I') I') =>::>>-I <..?<..?1---------------1Z ~« « «
BLOCK 11 BLOCK 11 >«_lL.. NN ~~~tD-·~w OSCEOLA PARK --l OSCEOLA PARK --l :::I: 9 :.::::.:::(PLAT BOOK 3, PAGE 2)(PLA T BOOK 3, PAGE 2) « ~....JI-00
LOT 6 <O~~ gg LOT 13 iD
~ 1-_________--/ . W a:: I-I
lL!o"O I ~~ (/)~lD ~ ~ LOT 12 0:: LOT 7 =>0 0 Z (/) 127 .50'
LOT 11 LOT 8
E. LINE OF LOTS 10-15
BLOCK 11
LOT 10 LOT 9 30 '
D_D_
00 ««
00 a:: a::
~
30'I S. E. CORNER OF LOT 10" I rS,W, CORNER OF LOT 9
BLOCK 11 \ V BLOCK 11
30' I 30'
, S89"31'30"W "0 S.E. 7TH STREET ~16.00' ____N_ ~
"0 40' RIGHT-OF-WAY "0
N (PLAT BOOK 3, PAGE 2) N
~~~~~~~~L-________________~~ ~
~ SHEET 2 OF 2
CAULFIELD a WHEELER, INC.
CIVIL E NG I NEER I NG -LAN D P L ANN!NG l/l L A N D SC AP E ARC HI T ECTUR E -SURVEY IN G U / 730 lA W . P ALM E T T O PARK ROAD -SUI T E 100A
BOCA RA T ON , F L ORI DA 33433 crtJ
P H O NE (5 61)-392 -199 1 / FAX (561)-750 -14 52
OSCEOLA PARK
ALlEY ABANDONMENT
SKETCH OF DESCRIPTION
DATE 6/23/10
DRAWN B Y JC
F.B./ PG. N/A
SCALE AS SHOWN
JOB N O . 461 0 ALLE Y