Res 45-05
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I
RESOLUTION NO. 45-05
A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF AVENUE "K" RIGHT-OF-
WAY (ROW) LOCATED WEST OF THE WEST RIGHT-OF-
WAY LINE FOR U.S. HIGHWAY NO.1 AND EAST OF THE
EAST RIGHT-OF-WAY LINE FOR OLD DIXIE HIGHWAY,
LESS THE WEST 50' THEREOF, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", BUT RESERVING AND
RETAINING TO THE CITY A UTILI1Y EASEMENT OVER
NORTH 10' OF THAT PORTION OF AVENUE "K", AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "B".
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a portion of Avenue "K" Right-of-Way (ROW), as more particularly described in
Exhibit "A"; 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 hearing on April 19, 2004,
and voted 5 to 0 to recommend approval of the abandonment, based upon positive findings with
respect to LDR Section 2.4.6(M)(5), and subject to the conditions; 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), but does not abandon and retains and
reserves unto itself a utility easement over the north 10' of that portion of Avenue "K", as more
particularly described in Exhibit "B", for the purpose of emergency access and constructing and/or
maintaining, either over or under the surface poles, wires, pipes, sewers, drainage facilities, or any
other facilities used for various public utilities whether owned by the City or private corporations.
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.
I
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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 only, but does not
abandon and retains and reserves unto itself a utility easement over the north 10', as more
particularly described in Exhibit "B" for the purpose of emergency access and constructing and/or
maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any
other facilities used for various public utilities whether owned by the City or private corporations, ¡
more particularly described as follows:
See Exhibit" A"
PASSED AND ADOPTED ill regular seSSion on this the ~day of
~,2005.
~l ~
MAYOR
I ATTEST:
!
, -..JO~OD ;
; Acting City Clerk
!'
II
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I: 2 Resolution No. 45-05
: II
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OUJ DIX£ HGHWA Y
0'1 ADDITIONAL RIGHT OF" WA Y EXHIBIT A
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Q) ~ J-IGHWA Y NO. 11S ASSUJED TO SEAR
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"'Ie T'HA T PORTal OF A VEN.£ ?<'" L YNG WE:ST OF T1£
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~:tJ WEST RIGHT OF WA r LI'E F'OR u.s. HIGHWA Y NO. 1
~~ AND FAST OF T1-£ éAST RfQfT OF WA Y J..IIJ£ FOR
~~ J:. OLD DIXE !-IGHWA Yo AS SHOWN ON TH£ PLA T OF
D£L-RA TON PARK. ACCOR{)IýG TO T1f PLA T
TfERroF, AS RECOROCD N PLAT 8DOJ( 14. PAGES 9
L AM) ~, P(ßLIC RECORDS Of' PALM BEACH COUNTY,
FLORIDA. L~ T1-£ WEST 50 FEET TkER£:OF.
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~ O'BRIEN, SUfTEfi de O'SRl£N. /HC
CERTfF'ICA. T€ or AUTHORlZA TION IL8~5:J
SURVEYOR ANO UAPPéR IN RESPONSIBLE
50.0' N.8"OO'OO'"E. CHARGe; PAUL D. £NCLE
2601 NORTH FEDERAL HlGHw~ r
u.s. HGHWAY NO. 1 Sf££T 7 OF 1 ŒL~A r BEACH nORlOA ~.3~83
(56' 2~-4501 (567) 732-J27fJ
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SKETCH OF DESCRIPTION EXHIBIT B
SHEET 1 OF 1
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SHERWOOD HONDA (PLA T BOOK 49, PAGE 157)
NORTH RIGHT OF WA Y LIVE
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743.33' N81°58'OO''W :j
NOTES:
THIS IS NO T A SURVEY
DESCRPTION-
THE WEST RIGHT OF WA Y LINE
THE NORTH 10.0 FEET OF THA T PORTION OF U.S. HfGHW A Y NO. 115 ASSUMED
OF A VENUE K AS SHOWN ON THE THE TO BEAR N8°00'OO"E,
PLA T OF DEL -RA TON PARK, ACCORDING
TO THE PLA T THEREOF AS RECORDED
IN PLA T BOOK 14, PAGES 9 AND 10,
PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORlJA, LYING BETWEEN THE WEST RIGHT ?~ \)~
OF WA Y LIVE FOR U.S. HIGHWA Y NO. 1 AND
THE EAST RIGHT OF WA Y LINE FOR OLD
DIXE HlGHWA Y, LESS THE WEST 100.0
FEET THEREOF PAUL D. ENGLE
SURVEYOR AND MAPPER #5708
DA TE: JUNE 77, 2005
O'BRIEN, SUITER & O'BR/EN, INC
CERTlFlCA TE OF AUTHORIZA TlON #LB353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE: PAUL D. ENGLE
2607 NORTH FEDERAL HIGHWA Y
DELRA Y BEACH FLORIDA 33483
ORDER NO. 04-221£1 (561) 276-4507 (561) 732-3279
-
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~ CITY C'oMMISSION DOCUMENTATION I~\
,
TO: DAVID T. HARDEN, CITY MANAyfR~ ~'
THRU: PAUL DORLlNG, DIRECTOR OF PLANNING AND ING
FROM: NGUYEN TRAN, SENIOR PLANNER f~
SUBJECT: MEETING OF JUL Y 5, 2005 *** CONSENT AGENDA ***
ABANDONMENT OF A PORTION OF AVENUE uK" LYING WEST OF THE WEST
RIGHT-OF-WAY LINE FOR US HIGHWAY NO.1 AS SHOWN ON THE PLAT OF
DEL-RATON PARK (PLAT BOOK 14, PAGES 9 & 10) LESS THE WEST 50 FEET
THEREOF.
t BACKGROUND I
The request involves abandoning a portion of Avenue uK" right-of-way lying west of the west right-of-way
line for Federal Highway (U.S. 1) and east of the east right-of-way line for Old Dixie Highway, as shown on
the plat of Del-Raton Park, less the west 50' thereof. Avenue uKu right-of-way originally extended from Old
Dixie Highway on the west to Frederick Boulevard on the east. Avenue uK" located east of Federal
Highway was abandoned in 1984 by City Resolution 7-84 to accommodate Delray Square Shopping
Center. The subject area is the remaining portion of Avenue uK" located between Old Dixie Highway and
South Federal Highway (U.S. 1) less the west 50' to be retained as right-of-way for Old Dixie Highway.
The abandonment request was originally submitted by the Kahilt Corporation, the previous owner of the
property south of Avenue uK" (f.k.a. Lindell Square development). The original request was to abandon this
portion of Avenue "K" along with Dixie Boulevard which ran through the property. At its meeting of April 19,
2004, the Planning and Zoning Board considered the requests at a public hearing and voted to recommend
approval of both abandonments subject to conditions.
The property has since been sold to Savion Holdings, LLC and the development is now named "Latitude
Delray." The property is currently under a single ownership and the appliænt has submitted an executed
Declaration of Unity of Title document. The utilities, which exist within Avenue uK", will remain in their present
loætion and a 10' wide general utility easement will be retained over the north 10' of Avenue uK". The west 50' of
Avenue "K" will be retained for Old Dixie Highway right-of-way from this abandonment action and the balance of
Old Dixie Highway right-of-way will be dediæted on the plat which will be submitted at a later time. The balance
of the abandonment (Dixie Boulevard) will be considered for approval concurrent with Final Plat approval.
The City's Environmental Services Department has reviewed the request and has no objection to the
abandonment. Florida Power & Light, BellSouth and Adelphia Cable have identified overhead facilities
within the abandonment area. All three utility providers have stated that they do not object to the
abandonment as long as a utility easement was granted for their facilities. Florida Public Utilities Company
did not locate any facilities and therefore has no objection. Additional background and a complete analysis
of the request are found in the attached Planning and Zoning Board report.
t ,. PLANNING AND ZONING BOARD CONSIDERATION, " I
At its meeting of April 19, 2004, the Planning and Zoning Board considered the request at a public hearing.
Chairman Sowards opened the public hearing and inquired if there were any questions from the public. Mr.
Roger Saberson, representative of Sherwood Honda, advised they have no objection to the abandonment
of Avenue uK". Mr. Saberson advised that his client would receive the north half of Avenue uK" and
requested that the abandonment of Avenue uK" be separated from the request to abandon Dixie Boulevard.
Mr. Costello stated that it may not make sense to separate the abandonment; however, the adjacent
property owner can get with the applicant and present a proposal to staff. Mr. Michael Weiner, agent for
the owner, advised they concurred with the recommended actions. Chairman Sowards closed the public
hearing and the Board voted 5-0 (Borchardt and Pike absent) to recommend to the City Commission
approval of the abandonment of Avenue "K", less the west 50', based upon positive findings with respect to
LOR Section 2.4.6(M)(5), subject to conditions.
~D
--
City Commission Documentation
Meeting of July 5, 2005
Abandonment of a Portion of Avenue "K"
Page 2
I RECOMMENDED ACTION I
By motion, approve the abandonment of a portion of Avenue "K", lying west of the west right-of-way
line for U.S. Highway NO.1 and east of the east right-of-way line for Old Dixie Highway, less the west
50' thereof, based upon positive findings with respect to LOR Section 2.4.6(M)(5).
Attachments:
· Location Map
· Abandonment Resolution
· Declaration of Unity ofTitle
· Planning & Zoning Staff Report of April 19, 2004
S"\Planning & Zoning\BOARDS\CITY COMMISSION\Abandonment of a Portion of Avenue K.doc
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RESOLUTION NO. 45-05
A RESOLUTION OF THE CI1Y COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF AVENUE "K" RIGHT-OF-
\YJAY (RO\V) LOCATED WEST OF THE \YJEST RIGHT-OF-
WAY LINE FOR U.S. HIGHWAY NO. 1 AND EAST OF THE
EAST RIGHT-OF-\YJA Y LINE FOR OLD DIXIE HIGHWAY,
LESS THE WEST 50' THEREOF, AS MORE PARTICULi\RL Y
DESCRIBED IN EXHIBIT "A" , BCT RESERVING AND
RETAINING TO THE CITY A UTILI1Y EASEMENT OVER
NORTH 10' OF THAT PORTION OF AVENUE "K", AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "B".
WHEREAS, the City of Delray Beach, Flonda, received an applicatlon for
abandonment of a portlon of Avenue "K" Right-of-Way (ROW), as more particularly described in
Exhibit "A"; and
WHEREAS, said application for abandonment of a general pubhc right-of-way was
processed pursuant to Sectlon 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 Planrung and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on April 19, 2004,
and voted 5 to 0 to recommend approval of the abandonment, based upon positive fIndings With
respect to LDR Section 2.4.6(11)(5), and subject to the conditions; and
WHEREAS, the City Comrrussion of the City of Delray Beach, Florida, finds that
its interest m the described property is no longer needed for the pubhc good and deems it to be m
the best interest of the City of Delray Beach to vacate and abandon said nght-of-way, based upon
positlve findings pursuant to LDR Section 2.4.6(11)(5), but does not abandon and retains and
reserves unto itself a utility easement over the north 10' of that portlon of Avenue "K", as more
particularly described in Exhibit "B", for the purpose of emergency access and constructmg and/or
maintammg, either over or under the surface poles, wires, pipes, sewers, dramage facilines, or any
other facilitles used for various public utilitles whether owned by the City or private corporations.
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 ConumsslOn to vacate and abandon all
nght and interest it holds to the followmg real property for nght-of-way purposes only, but does not
abandon and retams and reserves unto itself a ut1hty easement over the north 10', as more
particularly described in Exhibit "B" for the purpose of emergency access and constructmg and/or
mainta111Ìng, either over or under, the surface poles, wires, pipes, sewers, dra11lage facilities, or any
other facilities used for various pubhc utilities whether owned by the City or private corporations,
more particularly described as follows:
See Exhibit "A"
PASSED AND ADOPTED ill regular seSSlOn on tlus the - day of
,2005.
MAYOR
ATTEST:
City Clerk
2
Resolution No. 45-05
OLD DIX1£ HGHWA Y
01 ADDITIONAL RIGHT OF WA Y EXHIBIT A
S:)
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THE WéST RIGHT OF WA Y U£ OF U.s..
Q) ~ flGHWA Y NO. 11S ASSCM!D TO BEAR
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""0 TrIA T PORTION OF A V£NI.£ Y L YHG ~ST OF TJ£
~:). tti:::: W£)T RIGHT OF WAY LIE FOR Us. HIGHWAY NO. 1
~~ ~~ AND fAST OF THE £AST r«;HT OF WA Y UV£ FOR
~~ = :t. OLD DIX£ I-IGHWA Y, AS SHOWN ON T1£ PLA T OF
DEl.-RA TON PAR/(. ACCOR{)ÌI/G TO 71£: PLA T
T~OF; AS RECORDED N PLAT BOOK U. PAGES 9
L ANJ rJ, PlBJC RECORDS Of' PAW BEACH COUNTY,
FLORJOA, LfSS T1-£ WEST 50 FEET THEREOF.
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~-; I .-< DA T€: APRIL 5. 2005
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~ 01JRfEN, SurTrR ~ O'BRl£N. /NC
CERTlF'1CJ4 T€ ,OF' AUTHORIZA. nON ILB~S~
SURVEYOR AND MAPPER IN RESPONSIBLE
50.0' N.S"oo'OOT. CHARGE:; PAUL D. ENGL~
2601 NORTH F£DERAL Hf(;Hw,c Y
u.s. HGHWAY NO. 1 SH££T 1 OF 1 OEL~A Y BEACH FLORlOA :J34B~
(561 276-4501 (561) 732-.3279
- .-'"
SKETCH OF DESCRIPTION EXHIBIT B
SHEET 1 OF 1
~
SHERWOOD HONDA (PLA T BOOK 49, PAGE 157)
NORTH RIGHT OF WA Y LiVE
:>- ~
100.00'
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w<
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PROPOSED EASEMENT 0:>-
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743.33' N.81°58'OO"W. ::5
NOTES:
THIS IS NOT A SURVEY
DESCRPTION:
THE WEST RIGHT OF WA Y LiVE
THE NORTH 10.0 FEET OF THA T PORTION OF us. HIGHWA Y NO. 11S ASSUMED
OF A VENUE K AS SHOWN ON THE THE TO BEAR N.8°00'OO"E,
PLAT OF DEL-RATON PARK, ACCORDING
TO THE PLA T THEREOF AS RECORDED
N PLA T BOOK 14, PAGES 9 AND 10,
PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORDA, LYING BETWEEN THE WEST RIGHT ?~ \)~
OF WA Y LIVE FOR U.S. HIGHWA Y NO. 1 AND
THE EAST RIGHT OF WA Y LNE FOR OLD
DIXE HlGHWA Y, LESS THE WEST 100.0
FEET THEREOF PAUL D. ENGLE
SURVEYOR AND MAPPER #5708
DA TE: JUNE 17, 2005
O'BRIEN, SUITER & O'BRIEN, INC
CERT/FICA TE OF AUTHORIZA T/ON #LB353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE: PAUL D. ENGLE
2607 NORTH FEDERAL HIGHWA Y
DELRA Y BEACH FLORIDA 33483
ORDER NO. 04-221£1 (561) 276-4507 (561) 732-3279