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Res 35-13�]Tl ill 13-litu"'11-17'i DELRAY BEACH All-AmericaCity I I I I I f GFU 20130482005 OR BK 26432 PG 0160 RECORDED 11/06/2013 09:03:20 1991 Palo Beach County, Florida 2001 CERTIFICATION Sharon R. Sock, CLERK & COMPTROLLER P913 0160 - 167; (8pgo) 1, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 35-13, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 3rd day of September 2013. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 24th day of October 2013. Ij Chevelle D. Nubin, IVINIC City Clerk City of Delray Beach, Florida RESOLUTION NO. 35-13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACAT 4G AND ABANDONING PORTIONS OF THE ROAD RIGHTS -OF -WAY FOR AVENUE "F" (AKA FLADELL WAY), AND AVF...NUE "G" (AKA TRANSPORTATION LANE), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A REVERTER CLAUSE AND AN EFFECTIVE DA'I'.E. WI- BEREAS, the City of Delray Beac1a, Florida, received an application for the abandonment of a portion of the existing road tight-of-way known as Avenue "F" (aka Fladell Way) as set forth on the plat for Del Raton Park (PB 14, Pages 9 and 10), the plat of Delray Mazda (PB 64, Page 21) and by special instruments (recorded in ORB 17134, pages 1024, 1033 and 1028); being more fully described in the sketch attached hereto as Exhibit "B "; and WHEREAS, the City of Delray Beach, Florida, received an application for the abandonment of a portion of the existing toad right -of -way known as Avenue "G" (aka Transportation Lane) as set forth on the plat for Del Raton Park (PB 14, Pages 9 and 10), being more fully described in the sketch attached hereto as Exhibit "C "; and WLIEREAS, the Applicant for these abandonments is the fee simple owner of land within the CITY as tnore specifically set forth in the legal description attached hereto as Exhibit "A" (the "Ptoperty'o; and WHEREAS, the Applicant has entered into an agreement to sell the Property to DBVT Development, LLC, for the relocation and tedevelopmcnt of the Delray Honda dealership on the Property (the-Project,), and WHEREAS, DBVT Development, LLC, intends to remove and /or relocate the existing utilities within the rights -of -way of Avenue "F" and Avenue "G" in order to develop the Project; and WHEREAS, DBVT Development, LLC, intends to dedicate via plat new utility easement locations to serve the Project; and WHEREAS, the application for abandonment of said 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, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(M)(3)(e), the Planning and Zoning Board, as Local Planning Agency, fotmally reviewed the matter at public hearings on July 15, 2013 and voted 4 to 0 to recommend approval of each of the abandonments, based upon positive findings with respect to LDR Section 2.4.6(M)(5), subject to the conditions that a tempotary access /utility easement be provided over the existing roadway prior to the abandonment and that a reverter clause be included is this resolution to return the rights -of -way to the Public if the Project is not constructed. WHEREAS, pursuant to LDR Section 2.4.6(114, the applications were forwarded to the City Commission, with the recommendation that the abandonments be approved, based upon positive Findings; and WHEREAS, the City Commission of the City of Delray .Beach, Flotilla, finds that it to be in the best interest of the City of Delray Beach to vacate and abandon said road rights of way, based upon positive Endings pursuant to L DR Section 2.4.6M(5). NOW, TT-IEREFORE, BE IT RESOLVED BY TILE CITY CO1tiMSSION OF THE CITY OF DEI2AY BEACH, FLORIDA: Sec n 1. That 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 detetmitked by the City of Delray Beach Commission to vacate and abandon all ,rights and interests it holds to the following real properties described as follows: SEE, A."ITACHM EXHIBITS `B" AND "C" Section 3. That should the construction of the Project not be "substantially completed" within two (2) yeats of the adoption of this Resolution, the City, shall reserve the tight to elect to have the abandonment of Avenue "F" (aka Fladeli Way) as more Rally described on the attached Exhibit `B" and the abandonment of Avenue "G" (aka Transportation Lane) as more fully descrihed on the attached Exhibit "C" revert back to public rights -of -way and this Resolution be deemed null and void. Pot purposes of this Resolution, the term "substantially completed" shall have the same meaning as set forth in City of Delray Beach Land Development Regulation Section 2.4.4(D), "Establishment of Project." Section 4. Ile abandonments shall not be effective until both this Resolution and a Temporary Access /Utility Easement Agreement have been recorded in the Public Records of Palm Beach County, Flotilla. 2 RES. NO. 35 -13 cc PAS ED AND ADOPTED in regular session on "s the y day of I z �m bet' 2013. ATTE.ST� J CITY CLERK i r1YOR 3 RES. NO. 35 -13 EXI-IIBIT ,,A" LEGAL DESCRIPTION (THE PROPERTY) Parcel 1: A parcel of land in Palm Beach County, Florida, being a part of the plat of DEL -RATON PARK, according to the Plat thereof, as recorded in Plat Book 14, Pages 9 and 10, of the Public Records of Palm Beach County, Florida and being descrihed as follows. Lots 28, 29, 30, 31 and 32, Less the East 2.00 feet thereof, Block 14, DEL -RATON PARK; Lots 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43 and 44, Block 14, DEL -RATON PARK, together with that portion of the 10 foot alley right - of -way bounded on the West by Lot 33 and on the East by Lots 28 through 32 inclusive; on the North by Avenue "F" and on the South by an abandoned alley, Block 14, DEL- RA'CON PARK, according to the Plat thereof as recorded in Plat Hook 14, Page 9, of the Public Records of Pahn Beach County, Florida as abandoned by Resolution No. R -83 -1539 recorded in Official Records Book 4111, Page 836 and together with any and all rights to that certain 10 foot service alley abandoned by Palm Beach, County, as more fully described in that certain Palm Beach County Resolution No. R -84 -392, recorded April 26, 1984, in Official Records Book 4222, Page 1625, of the Public Records of palm Beach County, Florida. Parcel 2 Lots 11 through 16 inclusive, Block '14, DEL -RATON PARK, according to the Plat thereof on file in the office of the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 14, Page 9, Less the Southernmost five feet thereof, together with any and all rights to that certain 10 foot service alley abandoned by Palm Beach County as more fully described in that certain palm Beach County Resolution No. R -84 -392, recorded April 26, 1984, in Official Records Book 4222, Page 1625, of the Public Records of Palm Beach County, Florida. Parcel 3: Lots 23 through '27, inclusive, less the East 2 feet and less the Southernmost 5 feet of Lot 23 and Lots 17 through 22, inclusive, Less the Southernmost 5 feet, all in Block 14, DEL -RATON PARK, according to the Plat thereof, as recorded in Plat kook 14, Pages 9 and 10, of the Public Records of Palm Beach County, Florida, together with any and all rights to that certain 10 foot service alley abandoned by Pabn Beach County, as more fully described in that certain Palm Beach County Resolution No. R -83 -1538, recorded December 16, 1983 in Official Records Book 4111, Page 839, of the Public Records of Palm Beach County, Florida. Parcel 4: PLAT OF A1DEN, LESS the West 50 feet thereof (marked as Additional Right -of -Way for Old Dixie Highway) and LESS the South 25 feet of the East 65 feet of the West 115 feet thereof, according to the plat thereof, as recorded in Plat Book 29, Page 211, of the Public Records of Palm Beach County, Florida. ALSO LESS and EXCEPT that portion thereof deeded to the City of Delray Beach, Florida by Right -of -Way Deeds recorded in Official Records Book 17134, Page 1024 and Official Records Book 17134, Page 1033, Public Records of Palm Beach. County, Florida, described as follows: A portion of the PLAT OF AiDEN, according to the Plat thereof, as recorded in Plat Book 29, Page 211, Public Records of Palm Beach County, Florida, being more particularly described as follows: Commence at the Southwest corner of said PLAT OF A1DEN; thence North 90 degrees 00'00" East , on a n assumed bearing along the South line of said Plat, a distance of 76.00 feet to the Point of Beginning; thence continue North 90 degrees 00'00" East, along said South line, a distance of 39.00 feet; thence North 00 degrees 00'00" East, Continuing ;along the boundary of said PLAT OF AIDEN, a distance of 25.00 feet; thence North 90 degrees 00'00" Vilest, a distance of 39.00 feet; thence South 00 degrees 00'00" East, a distance of 25.00 feet to the South line of said Plat and the Point of Beginning. Parcel 5; Intentionally deleted. Parcel 6: Lot 1 of tv10RSE- 1..A?vVkT PLAT recorded in Plat Book 112, Page 139, Public Records of Palm Beacl, County, Florida. it SKETCH OF / DESCRIPTION EX 1/BI T '� " SHEET 1 OF 1 0 tv I I W v w Z�o R ,j o Ci -L] Q IN PLAT OF AIDES (PLAT BOOK 29, PAGE 211) 693.00' AVENUE F (POSTED FLADELL WAY) L 0 T 2, MORSE - LAMAT PLAT (PLA T BOOK 11 PAGES 139 -141 DESCRIP770M 693 00 W. BLOCK 14, DEL -RA TON PARK (PLA T BOOK 14, PAGES 9-10) THA T PORTION OF A VENUE F (POSTED AS FLANDELL WAY) L YING WEST OF THE WEST RIGHT OF WA Y LINE OF U.S HIGHWA Y NO 1 AND EAST OF THE EAST RIGHT OF WA Y LINE OF OLD DIXIE MGHWA Y AS SHOWN ON THE PLA T OF DEL -RA TON PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLA T BOOK 14, PAGES 9 AAD 10, PUBLIC RECORDS OF PALM BEACH COLWTY, FLORIDA. CCVVTAINAG 34,650 SQUARE FEET MORE OR LESS ORDER NO 0�- 133 "A VEM.E F" NOTES- THIS IS NOT A SURVEY �j DATE MAY, O, &Y0 • 1 CERTIFICATE OF AV. ; : ON iLB353 SL.RVEYOR AAc MWA 1N RESPONSIBLE CHARGE PALL D EACat 955 N. W 17TH A VENL , SUTE K -1 DELRAY BEACH FLORIDA 33445 (56 9 276 --4501 (561) 732 -3279 O. Lo7r ings%GENERAL CADDSGWL4 VENUE F SKETCH — G821120 y3 _ 12 :46 PM — Scale 1. 360.000000 W N 0 i SKETCH OF DESCRIPTION EXHIBIT 'C" SHEET 1 OF 1 0 N l U N �o LO W � 2. .• DESCRP770M BLOCK 14, DEL -RA TON PARK (PLAT BOOK 14, PAGES 9-X1) 428.00' A VENUE G (POSTED 7RAASPORTA77ON LANE) 428.00' •.. L O T 1, MORSE -LAMA T PL T (PLA T BOOK 112, PAGES 139 -141) T HA T POR77ON OF A VEAUE G (POSTED AS TRAAEPORTA T10N LA AF) L YING WEST OF 77-E WEST RIGHT OF WAY L/AE OF U.S HIGHWAY A10. 1 AAD EAST OF LOT 2, MORSE -LAMA T PLA T, ACCORDING TO TI-E PLA T rkEREOF AS RECORDED IN PLA T BOOK 112, PAGES 139 -14; RIGHT OF WA Y AS SHOWN ON THE PLA T OF DEL -RA TON PARK ACCORDIAIG TO 77-E PLAT ThEREOF AS RECORDED IN FLA T SOUK 14, PACES 9 AA49 10, ALL BEING IN TTE PUl C RECORDS OF PALM BEACH C01,9VTY, FLORIDA CONTA/N114G 23,540 SQUARE FEET MORE OR LESS NOTES- THIS IS NOT A SL#?VEY Sul, �g C5 Vim' Z; PA Lt D ENCIP SLRUEYOR h DATE.- MA Ad," q. FO O�41E7u SLi ' lAX� CERTIFICATE � AU77 ZATION AB353 SL.RVEYOR AAl7 MA!'PBR IN RFSF�AGIBLE CHARGE PALL D. EWE 955 N.W. 17TH AVEMA� SITE K -1 ORDER NO. 01-- U5 A YEALE G" DELRA Y BEACH FLORIDA 33445 (561) 276-4501 561 732 -3279 ,.L;G ° *� STATE Of FL i Y O.1D-- gslGENERAL CADOAG -RA VENUE K SKE fG" CaQ zf/20 13 - -Qh f: 3gi.000wo hereby certily that the foregoing is a true copy of the record in my office with redaction any 6 required y law -- _ n "> SHARON R. BOCK r o,• . CLERK & COMPTROLtfR— gy_ � t DEPUTY CLERK 1 E 1 5 J p 3 S J a Prepared by: RETURN: R. Brian Shutt, Esq, City Attorney's Office 200 N.W, 1st Avenue Delray Beach, Florida 33444 If���fl���ll����lllll�l {I���fl�ltllilllll CFN 20130432006 OR BK 26432 PG 0168 RECORDED 11/06/2013 09 :03:2@ Palm Beach County, Florida Sharon R. Bock, CLERK & COMPTROLLER Pgs 0168 - 175; (8pgs) TEMPORARY ACCESSIUTILITY EASEMENT AGREEMENT THIS��E MPORA Y ACCESSIUTILITY EASEMENT AGREEMENT (the "Agreement ") made this 3�+ ' day of � , 2013, by and between MORSE OPERATIONS, INC., a Florida corporation, with a mailing address of 2850 South Federal Highway, Delray Beach, Florida 33483, ( "OWNER "), and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, ( "CITY "): RECITALS: WHEREAS, OWNER is the fee simple owner of land within the CITY as more specifically set forth in the legal description attached hereto as Exhibit "A" (the "Property "); and WHEREAS, OWNER has entered into an agreement to sell the Property to DBVT Development, LLC, a Florida limited liability company, for the relocation and redevelopment of the Delray Honda dealership on the Property (the "Project "); and WHEREAS, OWNER has obtained approval from CITY via Resolution 35 -13 to abandon the existing rights -of -way known as Avenue "F" (aka "Fladell Way ") as more fully described -in the sketch attached hereto as Exhibit "B" and Avenue "G" (aka "Transportation Lane ") as more fully described in the sketch attached hereto as Exhibit "C" in order to allow DBVT Development, LLC to develop the Project; and WHEREAS, DBVT Development, LLC intends to remove and /or relocate the existing utilities within the rights -of -way of Avenue "F" and Avenue "G" in order to develop the Project; and WHEREAS, OWNER intends to forever convey to DBVT Development, LLC by separate legal instrument any and all legal and equitable interests which OWNER may obtain as a result of the abandonment of Avenue "F" and Avenue "G" to DBVT Development, LLC; and WHEREAS, OWNER intends to maintain ownership of the real property adjacent to Avenue "F" with an address of 2700 S. Federal Highway, Delray Beach, Florida/Parcel Control Number 12-43 - 4b- 29 -49-000 -0020, as depicted on a map from the Palm Beach County Property Appraiser's Office, attached hereto as Exhibit "D" (the "Retained Parcel "); and j WHEREAS, OWNER, by execution of this Agreement, has elected to relinquish any and all r legal and equitable interests OWNER may have in existing access points between the Retained Parcel and Avenue "F "; and WHEREAS, DBVT Development, LLC intends to dedicate via plat new utility easement locations to serve the Project; and To Access Easement Agreement Page 2 of 8 WHEREAS, as a condition of CITY's approval of Resolution 35 -13, CITY has required OWNER to enter into this Agreement; and WHEREAS, CITY agrees this Agreement shall automatically terminate at such time as a letter has been issued by the City Engineer indicating that all of the utilities located within the right -of -ways of Avenue "F" and Avenue "G" have been removed. NOW THEREFORE, in consideration of $10.00 and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. OWNER hereby adopts and reaffirms the Recitals set forth above as if each were set forth below and makes same a part of this Agreement. 2. OWNER hereby grants to CITY a non - exclusive easement for ingress and egress to enter upon, across, over and under the property described in Exhibit "B" and Exhibit "C ", attached hereto, ( "the Easement Property") for the purpose of access as well as the repair and maintenance of any utilities set forth therein. The parties hereby agree that the OWNER shall be responsible for the maintenance, replacement and repair of the Easement Property herein until termination occurs as set forth in Paragraph 4. 3. The parties agree that this Agreement shall be recorded in the Public Records of Palm Beach County, Florida. The rights and obligations granted herein shall not be transferred, assigned, sold or otherwise conveyed except in conjunction with the transfer or sale of the Property described in Exhibit "A ". 4. This Agreement shall automatically terminate upon the occurrence of either: (a) the issuance of a letter by the City Engineer providing that all utilities located within the rights -of -way of Avenue "F" and Avenue "G" have been removed (said letter will not be issued until approved documentation, as determined by the City Engineer, has been submitted from each utility company indicating that its utilities have been removed); or (b) failure of the Project to be "substantially completed" within two (2) years of the adoption of Resolution 35 -13, approving the abandonment of Avenue "F" and the abandonment of Avenue "G ", respectively, upon which failure the City has elected to cause Avenue "F" and Avenue "G" to revert back to the City as set forth in Resolution 35 -13. For purposes of this Agreement, the term "substantially completed" shall have the same meaning as set forth in the City of Delray Beach Land Development Regulation Section 2.4.4(D), "Establishment of Project." In the event the rights -of -way revert back to the City, they shall be in substantially the same form as they currently exist. The OWNER shall provide a bond to the CITY in an amount as determined by the City Engineer to cover the expense of re- constructing the rights -of -way if they revert back to the CITY. Such bond shall be delivered to the CITY prior to the granting of any permits for demolition or construction that would impact the rights -of -way and shall be returned to OWNER upon the substantial completion of the project. Access Easement Agreement Page 3 of & IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered in the+presence of (Name printed 9f typed, printed or'typed) STATE OF FLORIDA COUNTY OF PALM BEACH kit 3� A47EST: City Clerk MORSE OPERATIONS, INC., By:_C� Dennis Maclnnes, Secretary/Treasurer tf� foregoing instrument was acknowledged before me this ,' day of �,::� -.c 4! �j 013 by urer of MORSE OPERATIONS, INC., who is personally known to }�g� a� identification. bth Y P011a - State of Florida f Eomm. Expires Mar 24, 2416 Commission N @E 151415 Signature of Notary Public -• State of Florida Approved as to Form: City CITY OF D LRAY BEACH, FLORIDA By: C ICKSTEIN, MAYOR Attorney EXHIBIT "A" LEGAL DESCRIPTION (THE PROPERTY) Parcel 1: A parcel of land in Palm Beach County, Florida, being a part of the plat of DEL -RATON PARK, according to the Plat thereof, as recorded in Plat Book I4, Pages 9 and 10, of the Public Records of Palm Beach County, Florida and being described as follows: Lots 28, 29, 30, 31 and 32, Less the East 2.00 feet thereof, Block 14, DEL -RATON PARK; Lots 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43 and 44, Block 14, DEL -RATON PARK, together with that portion of the 10 foot alley right -of -way bounded on the West by Lot 33 and on the East by Lots 28 through 32 inclusive; on the North by Avenue "F" and on the South by an abandoned alley, Block 14, DEL -RATON PARK, according to the Plat thereof as recorded in Plat Book 14, Page 9, of the Public Records of Palm Beach County, Florida as abandoned by Resolution No. R -83 -1539 recorded in Official Records Book 4111, Page 836 and together with any and all rights to that certain 10 foot service alley abandoned by Palm Beach, County, as more fully described in that certain Palm Beach County Resolution No. R -84 -392, recorded April 26, 1984, in Official Records Book 4222, Page 1625, of the Public Records of Palm Beach County, Florida. Parcel 2 Lots I I through 16 inclusive, Block 14, DEL -RATON PARK, according to the Plat thereof on file in the office of the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 14, Page 9, Less the Southernmost five feet thereof, together with any and all rights to that certain 10 foot service alley abandoned by Palm Beach County as more fully described in that certain Palm Beach County Resolution No. R -84 -392, recorded April 26, 1984, in Official Records Book 4222, Page 1625, of the Public Records of Palm Beach County, Florida. Parcel 3: Lots 23 through 27, inclusive, less the East 2 feet and less the Southernmost 5 feet of Lot 23 and Lots 17 through 22, inclusive, Less the Southernmost 5 feet, all in Block 14, DEL -RATON PARK, according to the Plat thereof, as recorded in Plat Book 14, Pages 9 and 10, of the Public Records of Palm Beach County, Florida, together with any and all rights to that certain 10 foot service alley abandoned by Palm Beach County, as more fully described in that certain Palm Beach County Resolution No. R -83 -1538, recorded December 16, 1983 in Official Records Book 411.1, Page 839, of the Public Records of Palm Beach County, Florida. Parcel 4: PLAT OF AIDEN, LESS the West 50 feet thereof (marked as Additional Right -of -Way for Old Dixie Highway) and LESS the South 25 feet of the East 65 feet of the West 115 feet thereof, according to the plat thereof, as recorded in Plat Book 29, Page 211, of the Public Records of Palm Beach County, Florida. ALSO LESS and EXCEPT that portion thereof deeded to the City of Delray Beach, Florida by Right -of -Way Deeds recorded in Official Records Book 17134, Page 1024 and Official Records Book 17134, Page 1033, Public Records of Palm Beach County, Florida, described as follows: A portion of the PLAT OF AIDEN, according to the Plat thereof, as recorded in Plat Book 29, Page 211, Public Records of Palm Beach County, Florida, being more particularly described as follows: Commence at the Southwest corner of said PLAT OF A1DEN; thence North 90 degrees 00'00" East, on an assumed bearing along the South line of said Plat, a distance of 76.00 feet to the Point of Beginning; thence continue North 90 degrees 00100" East, along said South line, a distance of 39.00 feet; thence North 00 degrees 00'00" East, continuing along the boundary of said PLAT OF A1DEN, a distance of 25.00 feet; thence North 90 degrees 00'00" West, a distance of 39.00 feet; thence South 00 degrees 00'00" East, a distance of 25.00 feet to the South line of said Plat and the Point of Beginning. Parcel 5: Intentionally deleted. Parcel 6: Lot I of MORSE -LAMAT PLAT recorded in Plat Book 112, Page 139, Public Records of Palm Beach County, Florida. SKETCH OF DESCRIPTION EXH181 T '$" SHEET 1 OF 1 0 N w J U J a�Lo Q o� --- moo 0 g PLAT OF AIDEN (PLAT BOOK 29, PAGE 210 59300) A VENUE F (POSTED FLADELL WAY) L OT 2, MORSE- LAMA T PLAT (PLA T BOOK 112, PAGES 139 -141) DESCRIPTION- 593.00' ()d P BLOC 14, DEL -RA TON PARK (PLA T BOOK 14, PAGES 9 -10) THAT PORTION OF A VENUE F (POSTED AS FLANDELL WA Y) L YING WEST OF THE WEST RIGHT OF WA Y LINE OF U.S HIGHWA Y NO. 1 AND FAST OF THE-EAST RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY AS SHOWN ON THE PLAT 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, FLORIDA. CONTAINING J4,650 SQUARE FEET MORE OR LESS ORDER NO. 01- 133",4 VENUE F" NO TES- THIS IS NOT A SURVEY zo i� )�Z w v� PAUL D. ENMES SURVEYOR & A44PPER NO. 5708 DATE.' MAY 30, 2013 D'BRIEN, SUITER & O'BRIEN INC. CERTIFICATE OF AVTHORIZA r10N #L B353 SURVEYOR AND MAPPER 1N RESPONSIBLE CHARGE PAUL D. ENGLE 955 N. W. 17TH A VENUE, SUITE K -1 DELRAY BEACH FLORIDA 33445 (569 276 --4501 (561) 732 -3279 Q J W �i 0 SKETCH OF DESCRIPTION EXH181 T "C" SHEET 1 OF 1 0 N �.i J N � h °o L(�� J � J ti w � :_ g 0 DESCRIPTION.• BLOCK 14, DEL -RA TON PARK (PLAT BOOK 14, PAGES 9 -10) 425.00' 0 A VENUE G (POSTED TRANSPORTATION LANE) 425.00= W. LOT 1 MORSE -LAMA T PLAT (PLA T BOOK 112, PAGES 139 -141) THAT PORTION OF A VENUE G (POSTED AS TRANSPORTA TION LANE) L YING WEST OF THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1 AND EAST OF LOT 2, MORSE -L AMA T PLAT, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 112, PAGES 139 --141, RIGHT OF WAY AS SHOWN ON THE PLA T OF DEL -RA TON PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, ALL BEING IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA_ CONTAINING 23,540 SQUARE FEET MORE OR LESS. ORDER NO. 01 -133 AVENUE G" NOTES.• THIS IS NOT A SURVEY z• �z �c� )�Z ti W PAUL D. ENGLE SURVEYOR & MAP -9 NO 5708 DATE • MA Y 30, 2013 OBRIEN, SUITER & OBRIEN, INC. CERTIFICA TE OF AUTHORIZA TION #LB353' SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE PAUL D_ ENGLE 955 IV. W. 17TH A VENUE, SUI TE K -1 DELRAY BEACH FLORIDA 33445 (561) 276 -4501 (561) 732 -3279 EXHIBIT "D" qR 5fAfI of A a PALM BEACH COUNTY 'r� # huf @try Wtlfy ihW th@ fgrtgoing is a trwO CORY of in my office with T_ radactlor if an s required Y law. r. � .. �9+ TH15�D 0 ///" 4 /6 SHARON R. BOCK CLERK & CO PTR0LLER gy�'C DEPUTY CLERK Coversheet TO FROM MEMORANDUM MAN Mayor and City Commissioners Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, LEED (GA), Director Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: August 23, 2013 Page I of 3 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 RESOLUTION NO. 35 -13 /ABANDONMENT OF RIGHTS -OF -WAY/ MORSE OPERATIONS INC. ITEM BEFORE COMMISSION The item before the Commission is consideration of the abandonment of portions of the road rights -of -way for Avenue "F" (aka Fladell Way) and Avenue "G" (aka Transportation Lane), pursuant to LDR Section 2.4.6(M), Abandonment of Rights -of -Way. BACKGROUND The majority of the road right -of -way for Avenue "F" was dedicated by the plat for Del Raton Park (PB 14, Pages 9 and 10), but the western portion of the right -of -way was dedicated by the plat of Delray Mazda (PB 64, page 21) and by special instruments (recorded in ORB 17134, pages 1024, 1033 and 1028). The portion of the right -of -way to be abandoned is 50 feet wide by 693 feet long and is located between South Federal Highway and Old Dixie Highway. The road right -of -way for Avenue "G" was dedicated by the plat for Del Raton Park (PB 14, Pages 9 and 10). The portion of the road right -of -way to be abandoned is 50 feet wide by 428 feet long and is located west of South Federal Highway. The abandonment is to accommodate redevelopment of the adjacent properties for a proposed Honda automobile dealership. Since the proposed dealership includes properties on both sides of these roadways, the abandonment will allow for buildings to be constructed across the road rights -of -way. The roadways provide access to the adjacent properties, including an existing parking lot on Old Dixie Highway which is not included in the proposed dealership. Morse Operations, Inc., which owns all of the adjacent property, including this parking lot, intends to convey the interests which it obtains as a result of the abandonment of Avenue "F" and Avenue "G" to http: // agendas. mydelraybeach .com /Bluesheet.aspx"ltemID= 7092 &MeetingID =459 9/9/2013 Coversheet Page 2 of 3 DBVT Development, LLC for development of the dealership. Since the parking lot has two driveway connections to Avenue "F ", Morse has elected to relinquish its interests in the existing access points between the parking lot parcel and Avenue "F ". The roadways contain existing utilities which only service those properties included within the proposed dealership, with the exception of FPL lines which provide power to the lights in the existing parking lot to the west. The proposed abandonment is in concert with the City Commission's acceptance of a "Temporary Access /Utility Easement Agreement ", which is also being considered at this meeting. Under this agreement, a temporary access /utility easement will remain in force over the entire abandoned areas to keep the access open and accommodate existing utilities until they are relocated with the redevelopment of the property. When the property is replatted to accommodate the proposed development, new easements for relocated utilities will be provided on the plat or by special instrument if required by the utility companies. To protect the City's interests, the abandonments shall not be effective until both the Resolution and the Temporary Access /Utility Easement Agreement have been recorded in the Public Records of Palm Beach County, Florida; and a reverter clause has been included in the Resolution to revert the abandoned roadways back to public rights -of -way if the construction of the dealership is not "substantially completed" within two (2) years of the adoption of the Resolution. REVIEW BY OTHERS Development Services Management Group (DSMG): On March 3, 2013, the DSMG reviewed the request and was generally supportive of the abandonments, provided utility relocations would be accommodated for the redevelopment. Environmental Services Department: The City's Environmental Services Department (ESD) has reviewed the request and has no issues with the abandonment provided all existing utilities are accommodated within temporary easements until the utilities are removed and /or relocated. Since temporary easements will be provided over existing utilities in the roadways, service from the utility providers (i.e. Florida Public Utilities, AT &T, Comcast, FPL, and the City, for water and sewer) to the existing development will be accommodated. Planning and Zoning Board: On July 15, 2013, the Planning and Zoning Board separately reviewed the two abandonments and recommended approval (4 -0) for both, by adopting the findings of fact and law contained in the staff report, and finding that the requests and approval thereof were consistent with the Comprehensive Plan and met criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations, subject to the following conditions: 1. That a temporary access /utility easement be provided over the existing roadway prior to the abandonment. 2. That the replat for the property provide a permanent access easement over the west portion of Avenue "F" to provide access to the existing parking lot on Old Dixie Highway or that the owner of that parking lot property agree to eliminate access to the roadway. 3. That a reverter clause be included in the abandonment resolution to return the right -of- way to the public if the redevelopment project is not constructed. 4. That the location of all existing water mains and sanitary sewer mains be clearly indicated on the survey. http: // agendas. mydelraybeach .com /Bluesheet.aspx"ltemID= 7092 &MeetingID =459 9/9/2013 Coversheet Page 3 of 3 These conditions have been met. A full analysis of the proposed abandonments, including the required findings is provided in the attached Planning and Zoning Board staff reports. Courtesv Notices: Courtesy notices were provided to the following groups and neighborhood associations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Pelican Harbor • Tropic Harbor • Tropic Isles Civic Association • Tropic Bay • Tropic Palms Public Notice: Formal public notice was provided to property owners within a 500' radius of the subject property and a notice was posted in the newspaper. As of this date, the Planning Department has not received any letters of opposition to the abandonment. Additional letters of objection or support, if any, will be provided at the City Commission meeting. RECOMMENDATION Consider approval of Resolution No. 35 -13. http: // agendas. mydelraybeach .com /Bluesheet.aspx"ltemID= 7092 &MeetingID =459 9/9/2013 41 R 4pr CL CA LL IY. ii f Q1 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH - -- STAFF REPORT - -- MEETING DATE: July 15, 2013 ITEM: VII.D. GENERAL DATA: Abandonment of the road right -of -way for Avenue "F" (aka Fladell Way), located between South Federal Highway and Old Dixie Highway. Applicant..... ............................... Property Owner of Adjacent Properties.. Agent.......... ............................... Location ..................................... Property Size ............................. Future Land Use Map ................ Current Zoning ........................... Adjacent Zoning ................North East Van Tuyl Group Morse Operations Inc. Weiner, Lynne & Thompson, P.A, 50 feet wide by 693 feet long improved road right -of -way, located between South Federal Highway and Old Dixie Highway. 0.80 acres (34,650 sq. ft.) GC (General Commercial) AC (Automotive Commercial) AC (Automotive Commercial) AC (Automotive Commercial) and SAD (Special Activities District South: AC (Automotive Commercial) West: CD (Conservation District and OSR (Open Space & Recreation) Existing Land Use ...................... Improved Roadway (Public) Proposed Land Use .................... Auto Dealership r WIN 11lIIlls ��1111!ljjj111l1► VII. D. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of the road right -of -way for Avenue "F" (aka Fladell Way), located between South Federal Highway and Old Dixie Highway. This right -of -way abandonment is being processed pursuant to LDR Section 2.4.6(M), Abandonment of Rights -of -Way. BACKGROUND The majority of the road right -of -way for Avenue "F" was dedicated by the plat for Del Raton Park (PB 14, Pages 9 and 10), but the western portion of the right -of -way was dedicated by the plat of Delray Mazda (PB 64, page 21) and by special instruments (recorded in ORB 17134, pages 1024, 1033 and 1028.) The abandonment is to accommodate redevelopment of the adjacent properties for a proposed Honda automobile dealership. The abandonment is in concert with the abandonment of Avenue "G" (aka Transportation Lane), which is also being considered at this meeting. Since the proposed dealership includes properties on both sides of these roadways, the abandonment will allow for buildings to be constructed across the road rights -of -way. ABANDONMENT DESCRIPTION The subject road right -of -way to be abandoned is 50 feet wide by 693 feet long and is located between South Federal Highway and Old Dixie Highway. ABANDONMENT ANALYSIS Pursuant to LDR Section 2.4.6(M)(1), public right -of -way may be abandoned (returned) to the fee description of adjacent property to 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 through subdivision shall be divided at the center line and returned equally to abutting parcels.) As previously stated, the subject road right -of way was dedicated by two plats and special instruments. The owners of the adjacent property to north and south are entitled to the abandoned area. The roadway contains existing utilities and provides access to the adjacent properties, including an existing parking lot on Old Dixie Highway which is not included in the proposed dealership. Since this parking lot has two driveway connections to Avenue "F ", an easement will be necessary over the rear portion of the abandoned area to maintain this access or the driveway connections eliminated with the approval of the property owner. This has been added as a condition of approval. The City's Environmental Services Department (ESD) has reviewed the request and has no issues with the abandonment provided all existing and proposed utilities are accommodated within easements. Existing utilities within the road right -of -way only service those properties included within the proposed dealership. Since easements will be retained over existing utilities or provided over relocated utilities, service from the utility providers (i.e. Florida Public Utilities, AT &T, Comcast, FPL, and the City, for water and sewer) to the new development will be accommodated. Planning and Zoning Board Meeting of July 15, 2013 Abandonment of Portion of Avenue "F" (aka Fladell Way) Page 2 With the proposed abandonment, a temporary access /utility easement must be provided over the entire abandoned area to keep the access open and accommodate the existing utilities until they are relocated with the redevelopment of the property. This has been added as a condition of approval. When the property is replatted to accommodate the proposed development, new easements for relocated utilities can be provided on the plat or by special instrument if required by the utility companies. REQUIRED FINDINGS Pursuant to LDR Section 2.4.6(M)(5), prior to any right -of -way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right -of -way for any public purpose. Avenue "F" currently provides access to the adjacent properties on both sides of the roadway. If abandoned, the right -of -way will become private property which will allow the development of the new dealership with buildings constructed across the abandoned roadway. A temporary access /utility easement will need to be provided over the abandoned area to insure continued public access and to accommodate the existing utilities in the roadway until the property is redeveloped. Since the adjacent properties will be unified for the new dealership, access to the larger property will be provided from South Federal Highway, Old Dixie Highway and La -mat Avenue. Therefore, Avenue "F" will no longer be needed for access. Access to the existing parking lot not included in the redevelopment will need to be accommodated through a replacement easement or elimination of the driveway connections upon approval of the property owner. Although Avenue "F" provides a vehicular connection between South Federal Highway and Old Dixie Highway, it is not the primary means of travel between these two roadways in the immediate vicinity. This occurs at La- Mat Avenue to the south. The Fire Department reviewed the proposal for potential impacts on emergency response times and has no objection to the abandonment. Since both access and the provision of utilities will be addressed with redevelopment of the adjacent property, there will not be any further public purpose for the existing right -of -way. Therefore, a positive finding can be made, and the request can be supported. B) That the abandonment does not, nor will not, prevent access to a lot of record. As stated above, while Avenue "F" does provide access to the adjacent properties north and south of the roadway, this access will not be needed upon redevelopment. Access to the existing parking lot not included in the redevelopment will need to be accommodated through a replacement easement or elimination of the driveway connections upon approval of the property owner. It is also noted that since this parking lot also has connections to Old Dixie Highway and La -mat Avenue, the abandonment will not prevent the only means of access to the property. Based on the above, a positive finding can be made. C) That the abandonment will not result in detriment to the provision of access and /or utility services to adjacent properties or the general area. As stated above, access and utilities will be provided with the proposed redevelopment of the adjacent property for a new Honda automobile dealership. The existing roadway is primarily used for access to the adjacent properties and is not a major connection between South Federal Highway and Old Dixie Highway. Since the abandonment will not have an Planning and Zoning Board Meeting of July 15, 2013 Abandonment of Portion of Avenue "F" (aka Fladell Way) Page 3 impact on the provision of access or utility services to the adjacent properties or the general area, a positive finding can be made. REVIEW BY OTHERS Development Services Management Group (DSMG): On March 3, 2013, the DSMG reviewed the request and was generally supportive of the abandonments, provided utility relocations would be accommodated for the redevelopment. Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Pelican Harbor • Tropic Harbor • Tropic Isles Civic Association • Tropic Bay • Tropic Palms Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property and a notice was posted in the newspaper. The Planning Department has not received any letters of opposition to the abandonment. Additional letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT Although the existing roadway provides a vehicular connection between South Federal Highway and Old Dixie Highway, it is not the primary means of travel between these two roadways in the immediate vicinity. This occurs at La -Mat Avenue to the south. If abandoned, the roadway will become private property which will allow the development of the new automobile dealership with buildings constructed across the abandoned roadway. A temporary access /utility easement will need to be provided over the abandoned area to insure continued public access and to accommodate the existing utilities in the roadway until the property is redeveloped. Since the adjacent properties will be unified for the new dealership, access to the larger property will be provided from South Federal Highway, Old Dixie Highway and La -mat Avenue. Therefore, Avenue "F" will no longer be needed for access. Access to the existing parking lot not included in the redevelopment will need to be accommodated through a replacement easement or elimination of the driveway connections upon approval of the property owner. With both access and the provision of utilities addressed, there is no further public purpose for the existing right - of -way. Therefore, a positive finding can be made with respect to LDR Section 2.4.6(M)(5) and the request can be supported. Since the abandonment is associated with a development proposal which may or may not be approved /constructed, provisions must be made as part of the abandonment approval to return the right -of -way to the public if the redevelopment project is not constructed. A reverter clause will be added to the abandonment resolution to accomplish this and this requirement has been added as a condition of approval. Planning and Zoning Board Meeting of July 15, 2013 Abandonment of Portion of Avenue "F" (aka Fladell Way) Page 4 ALTERNATIVE ACTIONS 1. Continue with direction. 2. Move a recommendation of approval of the request for the abandonment of Avenue "F ", (aka Fladell Way) located between South Federal Highway and Old Dixie Highway, 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. 3. Move a recommendation of denial of the request for abandonment of Avenue "F ", (aka Fladell Way) located between South Federal Highway and Old Dixie Highway, 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 that the required findings of LDR Section 2.4.6(M)(5) cannot be made. RECOMMENDED ACTION Move a recommendation of approval of the request for the abandonment of Avenue "F ", (aka Fladell Way) located between South Federal Highway and Old Dixie Highway, 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 conditions: 1. That a temporary access /utility easement be provided over the existing roadway prior to the abandonment. 2. That the replat for the property provide a permanent access easement over the west portion of the roadway to provide access to the existing parking lot on Old Dixie Highway or that the owner of that parking lot property agree to eliminate access to the roadway. 3. That a reverter clause be included in the abandonment resolution to return the right -of- way to the public if the redevelopment project is not constructed. 4. That the location of all existing water mains and sanitary sewer mains be clearly indicated on the survey. Please include location of existing valves, fire hydrants, and sanitary sewer manholes within 20 -feet of the boundaries of area to be abandoned, as access to these facilities will need to be provided and /or determined. Based on location of these existing water and sewer lines, an exclusive easement or utility relocation may be required. Attachments: Location Map Aerial Sketch and Legal of Abandonment Area Q _0 LiI Q 0 Q L- 0 Z AVENUE F AVENUE F 0 _W AVENUE Q X w G AVENUE G o M �A -MAT A VENUE z LA -MAT I u J E O w 0 LLJ AVENUE H -- N ABANDONMENT ROAD ABANDONMENT DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1365_Delray Beach Fairfield Inn — Alleyway Abandonment AREA PLANNING AND ZONING � AVENUE "F" (AKA FLADELL WAY) DEPARTMENT LOCATION MAP 41 R 4pr CL CA LL IY. ii f Q1 SKETCH OF DESCRIPTION EXHIBIT 'A " SHEET I OF I 0 N I I I W J PLAT OF AIDEN (PLAT BOOK 29, PAGE 211) Q z 693.00' z " 0 L A VENUE F c) Q (POSTED FLANDELL WAY) Lo Lo ° o 0) 693.00' -Q 69J.00-' � L 0 T 2, MORSE- BLOCK 14, DEL -RA TON PARK LAMA T PLA T (PLAT BOOK 14, PAGES 9 -10) (PLA T BOOK 112, PAGES 139 -141) DESCRIPTION.' NOTES THA T PORTION OF A VENUE F (POSTED AS THIS IS NOT A SURVEY FLANDELL WA Y) L PING WEST OF THE WEST RIGHT OF WA Y LINE OF U.S. HIGHWA Y NO. 1 AND EAST OF THE EAST RIGHT OF WA Y LINE OF OLD DIXIE HIGH WA Y AS SHOWN ON THE PLA T OF DEL -RA TON PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 34,650 SQUARE FEET MORE OR LESS PAUL D. ENGLE SURVEYOR & MAPPER NO 5708 DA TE.• MA Y 30, 2013 ORDER NO. 01- 133';4 VENUE F" E.' AVENUE F SKETCH -- 0610512013 -- 11:05 AM -- Scale 1: 360.000000 H w 1- rti+ovav3mrs O a 4�� cmbna Tpg Nb3 jz zwh Q m $�go �''ty+v�bbbiJ osntie awio waao�'� � $� aN�bMH�ar � p�p W �'OZ � 4 m�o� 'a bbMh 3x0 Ug °g �sce 5 ma py W O 0 Y °s� ryc Y o Rw w���z�� w ,KA H w g g� Rugg HOUR om GBG2is YW� B� ls� ova acc< n �°�� � ' �s�v� °vi i✓� � sg a Arvss � � a o � o�Q a o C ° QYf del g� N� j ag�mgqory o�s o pFm4d 3 �ve'rrsu eaol err a L(isc� sro) C0°0' � a isv3 pia an♦ <rm .o ucm ivu�rews rvnr as g erir d ^LVm 8g .(YMHJlH 3 /XlO 070 Ob'ON�H2l �'3'� PLANNING AND ZONING BOARD CITY OF DELRAY BEACH - -- STAFF REPORT - -- MEETING July 15, 2013 DATE: ITEM: VII. E. Abandonment of the road right -of -way for Avenue "G" (aka Transportation Lane), located west of South Federal Highway. GENERAL DATA: Applicant..... ............................... Property Owner of Adjacent Properties.. Agent.......... ............................... Location ..................................... Property Size ............................. Future Land Use Map ................ Current Zoning ........................... Adjacent Zoning ................North East South West Existing Land Use ...................... Proposed Land Use ................... Van Tuyl Group Morse Operations Inc. Weiner, Lynne & Thompson, P.A, 50 feet wide by 428 feet long improved road right -of -way, located west of South Federal Highway. 0.49 acres (21,400 sq. ft.) GC (General Commercial) AC (Automotive Commercial) AC (Automotive Commercial) SAD (Special Activities District AC (Automotive Commercial) AC (Automotive Commercial) Improved Roadway (Public) Auto Dealership M x U VII. E. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of the road right -of -way for Avenue "G" (aka Transportation Lane), located west of South Federal Highway. This right -of -way abandonment is being processed pursuant to LDR Section 2.4.6(M), Abandonment of Rights -of -Way. BACKGROUND The road right -of -way for Avenue "G" was dedicated by the plat for Del Raton Park (PB 14, Pages 9 and 10). The abandonment is to accommodate redevelopment of the adjacent properties for a proposed Honda automobile dealership. The abandonment is in concert with the abandonment of Avenue "F" (aka Fladell Way), which is also being considered at this meeting. Since the proposed dealership includes properties on both sides of these roadways, the abandonment will allow for buildings to be constructed across the road rights -of -way. ABANDONMENT DESCRIPTION The subject road right -of -way to be abandoned is 50 feet wide by 428 feet long and is located west of South Federal Highway. ABANDONMENT ANALYSIS Pursuant to LDR Section 2.4.6(M)(1), public right -of -way may be abandoned (returned) to the fee description of adjacent property to 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 through subdivision shall be divided at the center line and returned equally to abutting parcels.) As previously stated, the subject road right -of way was dedicated by plat. The owners of the adjacent property to north and south of the right -of -way are entitled to the abandoned area. The roadway contains existing utilities and provides access to the adjacent properties. With the proposed abandonment, a temporary access /utility easement must be provided over the entire abandoned area to keep the access open and accommodate the existing utilities until they are relocated with the redevelopment of the property. This has been added as a condition of approval. When the property is replatted to accommodate the proposed development, new easements for relocated utilities can be provided on the plat or by special instrument if required by the utility companies. The City's Environmental Services Department (ESD) has reviewed the request and has no issues with the abandonment provided all existing and proposed utilities are accommodated within easements. Existing utilities within the road right -of -way only service those properties included within the proposed dealership, with the exception of FPL lines which provide power to the lights in the existing parking lot to the west. Since easements will be retained over existing utilities or provided over relocated utilities, service from the utility providers (i.e. Florida Public Utilities, AT &T, Comcast, FPL, and the City, for water and sewer) to the new development will be accommodated. Planning and Zoning Board Meeting of July 15, 2013 Abandonment of Portion of Avenue "G" (aka Transportation Lane) Page 2 REQUIRED FINDINGS Pursuant to LDR Section 2.4.6(M)(5), prior to any right -of -way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right -of -way for any public purpose. Avenue "G" is a dead end roadway which only provides access to the adjacent properties on both sides of the roadway. If abandoned, the right -of -way will become private property which will allow the development of the new dealership with buildings constructed across the abandoned roadway. A temporary access /utility easement will need to be provided over the abandoned area to insure continued public access and to accommodate the existing utilities in the roadway until the property is redeveloped. Since the adjacent properties will be unified for the new dealership, access to the larger property will be provided from South Federal Highway, Old Dixie Highway and La -mat Avenue. Therefore, Avenue "G" will no longer be needed for access. The Fire Department reviewed the proposal for potential impacts on emergency response times and has no objection to the abandonment. Since both access and the provision of utilities will be addressed with redevelopment of the adjacent property, there will be no further public purpose for the existing right -of -way. Therefore, a positive finding can be made, and the request can be supported. B) That the abandonment does not, nor will not, prevent access to a lot of record. As stated above, while Avenue "G" currently provides access to the adjacent properties north and south of the roadway, this access will not be needed upon redevelopment of the adjacent property. Based on the above, a positive finding can be made. C) That the abandonment will not result in detriment to the provision of access and /or utility services to adjacent properties or the general area. As stated above, access and utilities will be provided with the proposed redevelopment of the adjacent property for a new Honda automobile dealership. The existing dead end roadway is only used for access to the adjacent properties. Since the abandonment will not have an impact on the provision of access or utility services (with the provision of replacement easements) to the adjacent properties or the general area, a positive finding can be made. REVIEW BY OTHERS Development Services Management Group (DSMG): On March 3, 2013, the DSMG reviewed the request and was generally supportive of the abandonments, provided utility relocations would be accommodated for the redevelopment. Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Pelican Harbor • Tropic Harbor • Tropic Isles Civic Association Planning and Zoning Board Meeting of July 15, 2013 Abandonment of Portion of Avenue "G" (aka Transportation Lane) Page 3 Tropic Bay • Tropic Palms Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property and a notice was posted in the newspaper. The Planning Department has not received any letters of opposition to the abandonment. Additional letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT If abandoned, the roadway will become private property which will allow the development of the new automobile dealership with buildings constructed across the abandoned roadway. A temporary access /utility easement will need to be provided over the abandoned area to insure continued public access and to accommodate the existing utilities in the roadway until the property is redeveloped. Since the adjacent properties will be unified for the new dealership, access to the larger property will be provided from South Federal Highway, Old Dixie Highway and La -mat Avenue. Therefore, Avenue "G" will no longer be needed for access. With both access and the provision of utilities addressed, there is no further public purpose for the existing right -of -way. Therefore, a positive finding can be made with respect to LDR Section 2.4.6(M)(5) and the request can be supported. Since the abandonment is associated with a development proposal which may or may not be approved /constructed, provisions must be made as part of the abandonment approval to return the right -of -way to the public if the redevelopment project is not constructed. A reverter clause will be added to the abandonment resolution to accomplish this and this requirement has been added as a condition of approval. ALTERNATIVE ACTIONS 1. Continue with direction. 2. Move a recommendation of approval of the request for the abandonment of Avenue "G ", (aka Transportation Lane), located west of South Federal Highway, 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. 3. Move a recommendation of denial of the request for abandonment of Avenue "G ", (aka Transportation Lane), located west of South Federal Highway, 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 that the required findings of LDR Section 2.4.6(M)(5) cannot be made. RECOMMENDED ACTION Move a recommendation of approval of the request for the abandonment of Avenue "G ", (aka Transportation Lane), located west of South Federal Highway, 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 conditions: Planning and Zoning Board Meeting of July 15, 2013 Abandonment of Portion of Avenue "G" (aka Transportation Lane) Page 4 1. That a temporary access /utility easement be provided over the existing roadway prior to the abandonment. 2. That a reverter clause be included in the abandonment resolution to return the right -of- way to the public if the redevelopment project is not constructed. 3. That the location of all existing water mains and sanitary sewer mains be clearly indicated on the survey. Please include location of existing valves, fire hydrants, and sanitary sewer manholes within 20 -feet of the boundaries of area to be abandoned, as access to these facilities will need to be provided and /or determined. Based on location of these existing water and sewer lines, an exclusive easement or utility relocation may be required. Attachments: Location Map Aerial Sketch and Legal of Abandonment Area Z AREA C� �� PLANNING AND ZONING Z AVENUE —G O LOCATION MAP z AVENUE = F c� AVENUE F _W A VEN U LL _X A VENUE G LA —MAT AVENUE LA —MA T J O = O AVENUE H Z J Q Lu Lu L,_ N STREET ABANDONMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1365_Delray Beach Fairfield Inn — Alleyway Abandonment AREA �� PLANNING AND ZONING � AVENUE —G DEPARTMENT LOCATION MAP 41 R 4pr CL CA LL IY. ii f Q1 THA T PORTION OF A VENUE G (POSTED AS TRANSPORTA TION LANE) L PING WEST OF THE WEST RIGHT OF WAY LINE OF US. HIGHWAY NO. 1 AND EAST OF LOT 2, MORSE -LAMA T PLA T, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 112, PAGES 139 -141, RIGHT OF WAY AS SHOWN ON THE PLA T OF DEL -RA TON PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, ALL BEING IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 23,540 SQUARE FEET MORE OR LESS ORDER NO. 01- 133';4 VENUE G" z J O c90o W THIS IS NOT A SURVEY PAUL D. ENGLE SURVEYOR & MAPPER NO 5708 DA TE.• MA Y 30, 2013 E.'IAVENUE G SKETCH -- 0610512013 -- 77:06 AM -- Scale 1: 360.000000 SKETCH OF DESCRIPTION EXHIBIT 'A " SHEET I OF I 0 N I I I W J U BLOCK 14, DEL -RA TON PARK Q (PLA T BOOK 14, PAGES 9 -10) 428.00' Q N `900 Q oQ �O A VENUE G W '� (POSTED TRANSPORTA TION LANE) J W 428.00 � N Q) L 0 T I MORSE -LAMA T PLA T J (PLA T BOOK 112, PAGES 139 -141) DESCRIPTION- NOTES THA T PORTION OF A VENUE G (POSTED AS TRANSPORTA TION LANE) L PING WEST OF THE WEST RIGHT OF WAY LINE OF US. HIGHWAY NO. 1 AND EAST OF LOT 2, MORSE -LAMA T PLA T, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 112, PAGES 139 -141, RIGHT OF WAY AS SHOWN ON THE PLA T OF DEL -RA TON PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, ALL BEING IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 23,540 SQUARE FEET MORE OR LESS ORDER NO. 01- 133';4 VENUE G" z J O c90o W THIS IS NOT A SURVEY PAUL D. ENGLE SURVEYOR & MAPPER NO 5708 DA TE.• MA Y 30, 2013 E.'IAVENUE G SKETCH -- 0610512013 -- 77:06 AM -- Scale 1: 360.000000 m -EEEEK+B Id H -I -H OH02f 31 HIS OUH�3YX�7Vb'370 h0/1 V (?VV7 I 7 OWN 9 �3 -"� v H'H/#J/i s� Jli ¢ CL. Q ti 2� ti ASZ AHMH9/H 3 /Xp O� V ¢ (ej g O " / 96 31 H1SN31N 03A Yd ONn OBHIHON 03A Vd ONn OHH1 OS W nm d._ e 3J7 55310V dV'1'1]H3A N.1V 0.- , Smv,'a HHJ9 U 1 V l7 1 VnV7 -3SWPV Z 107 N W4 w �d o C�l T8 aLn ca a a�� g CL p O � a 4 4I ¢ ° O M � � J W m QC O ¢ a R O OH Q Id I bi .OSZ ASZ o • J g al o� I Q o An o Lu ffiQ� 18 It o s^ z .7p e — It I oW mil 3 It A n i "1z � .OSZ 45Z .01 R cz yy 8 i Al d (SZ4 M. ZZZD 83n)V YMm'� E E lm 2 e 3J7 55310V dV'1'1]H3A N.1V 0.- , Smv,'a HHJ9 U 1 V l7 1 VnV7 -3SWPV Z 107 N W4 w �d o C�l T8 aLn ca a a�� g CL p O � a 4 4I ¢ ° O M � � J W m QC O ¢ a R O OH Q RESOLUTION NO. 35 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING PORTIONS OF THE ROAD RIGHTS -OF -WAY FOR AVENUE "F" (AKA FLADELL WAY), AND AVENUE "G" (AKA TRANSPORTATION LANE), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A REVERTER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, received an application for the abandonment of a portion of the existing road right -of -way known as Avenue "F" (aka Fladell Way) as set forth on the plat for Del Raton Park (PB 14, Pages 9 and 10), the plat of Delray Mazda (PB 64, Page 21) and by special instruments (recorded in ORB 17134, pages 1024, 1033 and 1028.); being more fully described in the sketch attached hereto as Exhibit `B "; and WHEREAS, the City of Delray Beach, Florida, received an application for the abandonment of a portion of the existing road right -of -way known as Avenue "G" (aka Transportation Lane) as set forth on the plat for Del Raton Park (PB 14, Pages 9 and 10), being more fully described in the sketch attached hereto as Exhibit "C "; and WHEREAS, the Applicant for these abandonments is the fee simple owner of land within the CITY as more specifically set forth in the legal description attached hereto as Exhibit "A" (the "Property "); and WHEREAS, the Applicant has entered into an agreement to sell the Property to DBVT Development, LLC, for the relocation and redevelopment of the Delray Honda dealership on the Property (the "Project "); and WHEREAS, DBVT Development, LLC, intends to remove and /or relocate the existing utilities within the rights -of -way of Avenue "F" and Avenue "G" in order to develop the Project; and WHEREAS, DBVT Development, LLC, intends to dedicate via plat new utility easement locations to serve the Project; and WHEREAS, the application for abandonment of said 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, Florida; 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 public hearings on July 15, 2013 and voted 4 to 0 to recommend approval of each of the abandonments, based upon positive findings with respect to LDR Section 2.4.6(M)(5), subject to the conditions that a temporary access /utility easement be provided over the existing roadway prior to the abandonment and that a reverter clause be included in this resolution to return the rights -of -way to the Public if the Project is not constructed. WHEREAS, pursuant to LDR Section 2.4.6(M), the applications were forwarded to the City Commission with the recommendation that the abandonments be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that it to be in the best interest of the City of Delray Beach to vacate and abandon said road rights 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: Section 1. That 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 City of Delray Beach Commission to vacate and abandon all rights and interests it holds to the following real properties described as follows: SEE, ATTACHED EXHIBITS "B" AND "C" Section 3. That should the construction of the Project not be "substantially completed" within two (2) years of the adoption of this Resolution, the City shall reserve the right to elect to have the abandonment of Avenue "F" (aka Fladell Way) as more fully described on the attached Exhibit `B" and the abandonment of Avenue "G" (aka Transportation Lane) as more fully described on the attached Exhibit "C" revert back to public rights -of -way and this Resolution be deemed null and void. For purposes of this Resolution, the term "substantially completed" shall have the same meaning as set forth in City of Delray Beach Land Development Regulation Section 2.4.4(D), "Establishment of Project." Section 4. The abandonments shall not be effective until both this Resolution and a Temporary Access /Utility Easement Agreement have been recorded in the Public Records of Palm Beach County, Florida. 2 RES. NO. 35 -13 PASSED AND ADOPTED in regular session on this the day of 2013. MAYOR ATTEST: CITY CLERK RES. NO. 35 -13 EXHIBIT "A" LEGAL DESCRIPTION (THE PROPERTY) Parcel 1: A parcel of land in Palm Beach County, Florida, being a part of the plat of DEL -RATON PARK, according to the Plat thereof, as recorded in Plat Book 14, Pages 9 and 10, of the Public Records of Palm Beach County, Florida and being described as follows: Lots 28, 29, 30, 31 and 32, Less the East 2.00 feet thereof, Block 14, DEL -RATON PARK; Lots 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43 and 44, Block 14, DEL -RATON PARK, together with that portion of the 10 foot alley right - of -way bounded on the West by Lot 33 and on the East by Lots 28 through 32 inclusive; on the North by Avenue "F" and on the South by an abandoned alley, Block 14, DEL -RATON PARK, according to the Plat thereof as recorded in Plat Book 14, Page 9, of the Public Records of Palm Beach County, Florida as abandoned by Resolution No. R -83 -1539 recorded in Official Records Book 4111, Page 836 and together with any and all rights to that certain 10 foot service alley abandoned by Palm Beach, County, as more fully described in that certain Palm Beach County Resolution No. R -84 -392, recorded April 26, 1984, in Official Records Book 4222, Page 1625, of the Public Records of Palm Beach County, Florida. Parcel 2 Lots 11 through 16 inclusive, Block 14, DEL -RATON PARK, according to the Plat thereof on file in the office of the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 14, Page 9, Less the Southernmost five feet thereof, together with any and all rights to that certain 10 foot service alley abandoned by Palm Beach County as more fully described in that certain Palm Beach County Resolution No. R -84 -392, recorded April 26, 1984, in Official Records Book 4222, Page 1625, of the Public Records of Palm Beach County, Florida. Parcel 3: Lots 23 through 27, inclusive, less the East 2 feet and less the Southernmost 5 feet of Lot 23 and Lots 17 through 22, inclusive, Less the Southernmost 5 feet, all in Block 14, DEL -RATON PARK, according to the Plat thereof, as recorded in Plat Book 14, Pages 9 and 10, of the Public Records of Palm Beach County, Florida, together with any and all rights to that certain 10 foot service alley abandoned by Palm Beach County, as more fully described in that certain Palm Beach County Resolution No. R -83 -1538, recorded December 16, 1983 in Official Records Book 4111, Page 839, of the Public Records of Palm Beach County, Florida. Parcel 4: PLAT OF AIDEN, LESS the West 50 feet thereof (marked as Additional Right -of -Way for Old Dixie Highway) and LESS the South 25 feet of the East 65 feet of the West 115 feet thereof, according to the plat thereof, as recorded in Plat Book 29, Page 211, of the Public Records of Palm Beach County, Florida. ALSO LESS and EXCEPT that portion thereof deeded to the City of Delray Beach, Florida by Right -of -Way Deeds recorded in Official Records Book 17134, Page 1024 and Official Records Book 17134, Page 1033, Public Records of Palm Beach County, Florida, described as follows: A portion of the PLAT OF AIDEN, according to the Plat thereof, as recorded in Plat Book 29, Page 211, Public Records of Palm Beach County, Florida, being more particularly described as follows: Commence at the Southwest corner of said PLAT OF AIDEN; thence North 90 degrees 00'00" East, on an assumed bearing along the South line of said Plat, a distance of 76.00 feet to the Point of Beginning; thence continue North 90 degrees 00'00" East, along said South line, a distance of 39.00 feet; thence North 00 degrees 00'00" East, continuing along the boundary of said PLAT OF AIDEN, a distance of 25.00 feet; thence North 90 degrees 00'00" West, a distance of 39.00 feet; thence South 00 degrees 00'00" East, a distance of 25.00 feet to the South line of said Plat and the Point of Beginning. Parcel 5: Intentionally deleted. Parcel 6: Lot 1 of MORSE -LAMAT PLAT recorded in Plat Book 112, Page 139, Public Records of Palm Beach County, Florida. SKETCH OF DESCRIPTION EXHIBIT 'B" SHEET I OF 1 0 N II I �u PLAT OF A IDEN (PLA T BOOK 29, PAGE 211) Q z 693.00' Qij f= >' 19 °0 Q) Q) A VENUE F Ooh (POSTED FLADELL WAY) Q �L 43 3.00' ° °? O 69 � LOT 2, MORSE— BLOCK 74, DEL —RA TON PARK LAMA T PLAT (PLAT BOOK 14, PAGES 9 -10) (PLAT BOOK 112, PAGES 139 -141) DESCRIPTION. NOTES- THA T PORTION OF A VENUE F (POSTED AS THIS IS NOT A SURVEY FLANDELL WA Y) L PING WEST OF THE WEST RIGHT OF WAY LINE OF U.S HIGHWAY NO. 1 AND EAST OF THE EAST RIGHT OF WA Y LINE OF OLD DIXIE HIGHWA Y AS SHOWN ON THE PLAT OF DEL -RA TON PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 34,650 SQUARE FEET MORE 2� OR LESS. [ ( . _, SURVEYOR & MPER NO 5708 DA TE.• MAY 3O, 2013 ORDER NO. 01- 133'4 VENUE F" O:IDramngslGENEPAL CADDIGxd1AVENUE F SKETCH — 06/21/2013 — 12:46 PM — Scale 1, 360.000000 SKETCH OF DESCRIPTION EXHIBIT "C" SHEET 1 OF 1 0 N II I �u J U BLOCK 14, DEL -RA TON PARK Q (PLAT BOOK 14, PAGES 9 -10) 428.00' Q Q i CC O N 0 -__J N � w �o oQ z J ti co W % 00 DESCRIPTION.• A VENUE G (POSTED TRANSPORTATION LANE) 428.00' 0 _Qoo LOT 1 MORSE -LAMA T PLAT (PLAT BOOK 112, PAGES 139 -141) THAT PORTION OF AVENUE G (POSTED AS TRANSPORTATION LANE) LYING WEST OF THE WEST RIGHT OF WAY LINE OF U.S HIGHWAY NO. 1 AND EAST OF LOT 2, MORSE -LAMA T PLA T, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 112, PAGES 139 -141, RIGHT OF WAY AS SHOWN ON THE PLAT OF DEL -RA TON PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, ALL BEING IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 23,540 SQUARE FEET MORE OR LESS. ORDER NO. 01- 133 "AVENUE G" NOTES.• THIS IS NOT A SURVEY PAUL D. ENGLE : SURVEYOR & MA DA TE MA Y 30, 2013 OADrawingslGENEPAL CADDXGxdXAVENUE K SKETCH -- 0812112013 — 12:47 PM -- Scale 1, 360.000000 w� zo J o� cz, C7 W vJ NO. 5708