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Res 17-00P9 7~'~ RESOLUTION NO. 17-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DI~,LRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE N.W. 2~r~ AVENUE RIGHT-OF-WAY LYING DIRECTLY SOUTH OF N.W. 12TM STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE EAST TWELVE FEET OF THE WEST FIFTEEN FEET THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, an application for abandonment of a portion of the N.W. 2"a Avenue road fight-of-way, as more particularly described herein, was received by the City of Delray Beach; and WHEREAS, the application for abandonment of a portion of said road fight-of-way was processed pursuant to Section 2.4.6(O), "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(O)0)(d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on January 24, 2000, and voted 6 to 1 to recommend denial of the abandonment, based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5); 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 fight-of-way, based upon positive findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and reserves unto itself a utility easement over a portion of said fight-of-way, as more particularly described herein, 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 DFJ.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all fight and interest ~t holds to the following real property for roadway purposes only, but does not abandon and retains and reserves unto itself a utility easement over a pomon thereof, more particularly described as follows: That portion of Northwest 2"a Avenue (a 25 foot road fight-of-way) as shown on the Replat of Ida Lake Terrace, according to the Plat thereof as recorded in Plat Book 22, Page 39 of the Public Records of Palm Beach County, Florida, lying west of and adjacent to Lot 14, Block B, Pineridge Heights, according to the Plat thereof as recorded in Plat Book 13, Page 80 of the Public Records of Palm Beach County, Florida. Section 2. That the Delray Beach City Commission hereby retains and reserves unto itself a utility easement over the east twelve (12) feet of the west fifteen (15) feet of the following described parcel: That portion of Northwest 2"a Avenue (a 25 foot road fight-of-way) as shown on the Replat of Ida Lake Terrace, according to the Plat thereof as recorded in Plat Book 22, Page 39 of the Public Records of Palm Beach County, Florida, lying west of and adjacent to Lot 14, Block B, Pineridge Heights, according to the Plat thereof as recorded in Plat Book 13, Page 80 of the Public Records of Palm Beach County, Florida, 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 fao/ities used for various public uulifies whether owned by the City or private corporations. PASSED AND ADOPTED in regmlar session on this the 7* day of March, 2000. ATTEST: ~ City Clerk - 2 - Res. No. 17-00 N.W. 15TH ST. N.W. 14TH ST. 00ROTHY H. HILKEN~ CLERK PB C0UNTY~ FL N.W. 13TH ST. N.W. 12TH ST. N.E. 15TH ST. N.W. 12TH ST. N.E. 12TH ST. PERIWINKLE N.W. 11TH ST. __ N.E. 11TH ST, N.W. @TH N.E. lOTH ST, C1TY O¢ OELRAY BEACH, FL PLANNING & ZONINGDEPARTMENT - ABANDONMENT- (PORTION OF N.W. 2ND AVENUE) -- O/GI~rAL ~4~" MA/3 SYSTEM -- MAP REF. LM417 TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER MEETING OF MARCH 7, 2000 ABANDONMENT OF A PORTION OF N.W. 2ND AVE. RIGHT OF WAY SOUTH OF N.W. 12TM STREET The request involves abandoning a 25' wide by 130' long unimproved portion of NW 2"d Avenue right-of- way, containing 3,250 square feet (0.07 acres). NW.2n°Avenue is unimproved between NW 11th Street and NW 12th Street. While it is only 25' wide in the area requested for abandonment, it becomes a 50' wide right-of-way immediately south of the abandonment area. The abandonment request was submitted by the owners of the adjacent lot to the east (Mark & Lynette Rosenberg), who are technically not entitled to the right-of-way, as it was dedicated by the plat to the west (Replat of Ida Lake Terrace). The owner of Lots 3 & 4, Block 1, Replat of Ida Lake Terrace (Ted Brewer), who is entitled to the subject area, has signed an Owner's Consent form which provides theRosenbergs legal standing to process the requested abandonment as the "applicant". The two parties have negotiated an agreement to transfer ownership of the subject parcel if the abandonment is approved. Lot 4 west of the right-of-way contains Mr. Brewer's single family home (see map in P & Z staff report). To the south is a vacant lot that he also owns (Lot 3), which is currently incorporated into his yard area. It could be developed separately as a single family home. Immediately to the south is a single family home owned by Roy Simon which takes access off of a driveway that has been constructed within the 50' wide portion of the NW 2® Avenue right-of-way. To the south of that house is another vacant lot, which is also owned by the Simon family. The City's Development Services Management Group (DSMG) has determined that if Brewer's Lot 3 were to be developed, it would have to take access off of the 50' portion of right-of-way extending from NW 11th Street, as the 25' wide section that is the subject of this abandonment is substandard in width. Pursuant to LDR Section 6.1.2 (A)(2)(a), the developer of Lot 3 would be responsible for improving NW 2® Avenue to provide access, and would assume all costs. A municipal water main is located within the right-of-way. The water main will remain in its present location, and a replacement utility easement must be provided. At its meeting of January 24, 2000, the Planning and Zoning Board considered the request at a public hearing. Roy Simon spoke in opposition, stating that he would be negatively impacted by the abandonment if Lot 3 were ever to be developed, as the right-of-way adjacent to his property would have to be improved and there would be increased traffic. His felt that a house built on Lot 3 should have to take access from NW 12th St. via the substandard abandonment area. After discussion, the Board voted 6 to 1 to recommend denial based upon a failure to make positive findings with respect UD.R. Section 2.4.6 (0)(5). By motion, approve the abandonment of right-of-way and accept a replacement easement to cover the existing utilities based upon positive findings with respect to LDR Section 2.4.6(O)(5). Attachment: · Abandonment Resolution · P & Z Staff Report of January 24, 2000 March 4, 2000 Delray Beach City Commission 100 N. W. 1st Avenue Delray Beach, Florida 33444 Dear City Commission Members: This letter is in regard to the request for property abandonment by our neighbors Mark and Lynette Rosenberg who live at 122 N.W. 12th St. This property is located between our properties at 122 and 202 N.W. 12th Street. This city owned easement has not been maintained since my wife and I moved here 7 year ago. We have considered it to be an eyesore, so we happily agree that it should be abandoned to the Rosenberg's. They have an interest in improving and maintaining the property. We are in agreement with the City of Delray Beach Planning Department that if Lot 3, which we own and is directly behind our home, were to be developed that it would be accessed using the 50ft. wide right -of-way that runs from N.W. 11th St. Over two years ago ! was instrumental in making the decision to move the business I have been employed at for 22 years, Ted Juracsik Tool and Die Company, to Delray Beach. Our company manufactures and markets high quality fishing reels that are used throughout the world. As General Manager of the company I worked closely with the Planning and Zoning Department to assure that all improvements made to our facility were to code. During this project I found the employees of the Planning and Zoning department to be fair, knowledgeable and always professional. I, along with several neighbors attended the Planning and Zoning Review Board meeting of January 24,2000. I was completely astounded when the Planning and Zoning Review Board went against the Planning and Zoning departments recommendation of abandonment and voted to recommend to the City Commission to reject the Rosenberg's request for abandonment. What was especially surprising was that moments after the Director of Planning and Zoning advised the board that the costs of developing the 50 foot wide right of way would be the responsibility of the owner of lot 3 only. The board member who motioned for the rejection recommendation used his being concerned that the other property owners whose properties border on the above mentioned right of way would be burdened with some of the expense of improving the road as the reason for his opposition to the abandonment. Did he not believe that the Director of the Planning and Zoning Dept. knew what she was talking about? I hope that the City Commission will see that the facts in this matter show that this abandonment should be approved. Sincerely Robert T Brewer Dr. and Mrs. Mark R~s-~herg 122 NW 12~ Street De]ray BeacJa, Fr. 33444 February 28, 2000 The Mayor and City Commission of Delray Beach 100 NW 1~t Avenue Dekay Beach, FL 33444 Dear Mr. Mayor and Commissioners: My name is Mark Rosenberg, and I reside at 122 N.W. 12t~ St. in Delray Beach. I am requesting abandonment of a portion of Northwest 2~a Ave., as specified in the attached legal description. My request was denied at a recent meeting by the Planning and Zoning Board, however, I fail to understand the reasoning behind the denial. Every day, as an Emergency Medicine Physician, I make instantaneous, life- saving decisions, often with little or no time to review the available data. I consider myself an expert diagnostician. With regards to the request for abandonment of this property, we have had the luxury of having ample time to review the facts. As my following comments will support, abandonment of this property is not only appropriate; it is desirable for all concerned. Abandonment will allow us to improve the property without penalizing the surrounding property owners. At the aforementioned meeting, and prior to the P&Z vote on this issue, Mr. Simon, who resides at 201 N.W. 11Q St, requested that the board not recommend abandonment of this property for two reasons: 1) Access to lot 3 (assuming abandonment was approved) would only be accessible from N.W. 11th St, which would affect his privacy, tranquility, and his property value. 2) Mr. Simon was concerned that if the right-of-way were improved, he would have to pay a larger portion of the costs than the owner of lot 3. Mr. Simon summarized by saying he thought it unfair that he be penalized in order to accommodate another party. Prior to Mr. Simon's plea, Diane Dominguez made some pertinent statements regarding an access road to lot 3. Ms. Dominguez stated the following: If an access road to lot 3 were developed from the north side (12t~ St.), it would have to be developed with a width of only 25 feet. If an access road were developed from the south side (11th St.), it would be developed with a width of 50 feet. Ms. Dominguez stated that 25 feet is not a desirable width for a road, and therefore the board would not support an access road coming from 12 St, when a 50 foot access could be obtained from 11 St. Following Mr. Simon's plea, the Board denied a recommendation for abandonment of the property in question. Subsequent to the aforementioned meeting, the DSMG met and discussed the two key issues: 1) would it be acceptable for the access road tc; come from 12~ St. 2) who would pay the cost of the development of the access road. The DSMG reiterated Ms. Domingues' prior statement, "they felt it most appropriate for an access to come from 11t~ St, rather than 12t~ St because of the 25 foot width limitation." Regarding who would pay for the costs of improving the right-of way, it was determined that the owner of lot 3 would incur all costs. After reviewing these facts, it is clear that abandonment of this prope~y will in no way affect Mr. Simon. Whether or not the property in question is abandoned, it is still recommended and appropriate for any future access to come from a 50-foot width rather than a 25-foot width. My request for abandonment does not change that recommendation, and therefore does not cause Mr. Simon any hardship. Mr. Simon is concerned that an access road will destroy his peace and tranquility, but would there be peace and tranquility for the Brewers and my family if a road were sandwiched between two houses with a 25-foot width? Furthermore, Mr. Simon has always been aware that his property is adjacent to a public right-of-way, and he has chosen to build his driveway directly on this public right- of-way. Mr. Brewer, the owner of lot 3, has stated that he would never want the access road coming from 12th St if he were to sell lot 3; as he stated, a potential buyer would not want access to their property through a 25-foot road squeezed between two houses. Mr. Simon obviously need not be concerned about the costs of development of a right-of- way, since it was determined that the owner of lot 3 would incur all costs. In closing, I would like to say that I request to have this property abandoned, so I can improve upon it, beautify it, and make it usable land. It should be clear to all, that approval of abandonment will not cause hardship to Mr. Simon; the DSMG has logically concluded that they would support access to lot 3 via 11th St, regardless of whether this property is abandoned. Furthermore, Mr. Simon would incur no costs for development of this access road. It is clear to me, as I hope it is to you, that there are no contraindications to approval of abandonment. I thank you for your time and consideration. Sincerely, Mark A Kosenberg, MD CDougfas ariel Jan ~yerst 111 5~14211tft Street CDe£ray $eacti, q:~ori~a 33444 February 27, 2000 C~ty of Delray Beach Mayor and City Commission 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mr. Mayor and Commissioners: We are writing on behalf of our neighbors, Mark and Lynnette Rosenberg, of 122 NW 12th Street. As you know, they are seeking an abandonment of a str~p of NW 2nd Avenue adjacent to their property. We have been encouraged to see our neighbors, like the Rosen- bergs, improve and upgrade their homes. Their willingness to invest in their property in- creases the stability and value of all our homes m the northwest section of Delray Beach. In the January 24th Public Hearing, we were surprised that the Rosenberg's petition was demed. According to all c~ty reports and testimony, granting this abandonment infringed upon none of the Rosenberg's neighbors but simply allowed them to make the improve- ments they desired. We are asking you to override the Planning and Zoning Board's decision by granting the Rosenberg's request. By doing so, you would send a strong message that you care about attracting and keeping stable residents that will maintain and improve our older neigh- borhoods. Sincerely, Douglas and Jan Ayerst Mr. ~~/~r 03/07/2000 To whom it my concern: City of Delray Beach, my name is Linn Heaton I live at 121 N.W. 12t~ street. My neighbors at 122 N.W. 12t~ street are asking for the easement located directly to the west of their property, I am in favor of this, it will only add to the beautification of the area. T on PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: January 24, 2000 IV.C. Abandonment of a Portion of N.W. 2nd Avenue, Lying South of N.W. 12th Street. GENERAL DATA: Owner ............................. General Public Applicant ........................ Lynette & Mark Rosenberg Location .......................... Portion of N.W. 2nd Avenue, lying south of N.W. 12th Street Property Size .................. 0.07 Acre Future Land Use Map ..... Low Density (0-5 units/acre) Current Zoning ............... R-l-AA (Single Family Residential) Adjacent Zoning .... North: R-l-AA East: R-l-AA South: R-I-AA West: R-l-AA Existing Land Use .......... Un-improved right-of-way Proposed Land Use ........ Abandonment of a portion of un-improved N.W. 2nd Avenue to be incorporated into the adjacent property. Water Service ................. N/A Sewer Service ................ N/A IV.C. The item befor This right of. way abandonment is b · ~0), Abandonment of Rio,-. _ elng Wa~/°, w'ucessed Pursuant to LDR Sectio ?e SUbject ----~~ n FIorid..~ ~. _ [ ~Ook 22 ,-, ulCated wi _ '°'*,'. "'= r'Ublic r~,~'~. or the R=,,,-. - Currently the su ·. . · '=~;oras or ,., . ~-w,~ ot I,~ , . hedges ar~ bject ri ht · ~'alrn ~ .... ~'= Cake onto ~._ e located ,~.'g.~ 'o.f-Way (RC~A,, ~'=,~cn County, · ,,u south ~,., _ "'~ougtto '- '-'?) is un' e_o, com ~ .,,,~ut. In aCldifi,.,,. ImProved e. ~,, [ne Parcel. I'''''' a WOod ~e'n'~c;U..n?merous tre~.. "=ucroaches 3; ~rj~edt The SUbject Par~ extens~.._ ~. (0.07 ac,..~~' Dy 130' r~ _ . the n,~'~ ot Lot 14 ~',~.' The s,,~e~c~tangular s · south lines of tkO' ?e dge'- '? represent ~'~" con~tainin · , u, said Lot ./.~ -" Subject na~e, lghts (Plat s a .25-foot g 3,2_50 -". ~' '"~ are ,~._ . BOok 7 ~_ Westerl ,,,,act exteno~3~ TM =ge 80) '~,uns of the The abandonrn the ent r, ,~._ c..°nStruction .., equest was o..~ ~,,_eCtly entitle,~ ';_~.~. a Patio =,,.~ °u~)rnitted b~, ,~.- ;,~u~ West. The ;~u_.?e Parcel'~'.'u_ ..a SWimrnin~ ~_~e O. Wner Lot ~,~ o ~ 4 ~wpllca , == it was ~ pool. T. '~, and · . RO~,~,'.B/°ck 1, of ~- !n.t does hOWe..- ~ created fro~ .r. he. OWner ~,~ , WIll facilitate · v, m tra..~ ~ala Renl..+ ,_, verhave .,,. _ ,~ Ule Id "' ~.ot 14 i,, -~rer OWne.~.""~' ~oa Lat-.. -~ ~"' agree,-..- ~ a Lake T~.--- Is not The OWner of said ,or~lp of the Pa"r~ ~ errace, Whi~en. t With the ~)~a~e P. lat to ,?gned an "Own,-.... Lots 3 & 4 (Wh .,"~ W~en it is ab~ l~s entitled to",'~~ur ot Lots me applicant. '"" ° COnsent Fo,-~. o !s entitled ~,. ,~ '~-Uoned.(,e SUbject "uWner of .~.,n,t area), -',~,u LOt 14 toh'b~e° Pursuant to LDR Section 2 4 (retUrned,) to ih · obta/ned. /.. e adjacen! .'_ .6(0)(1 the ce,.._~° thetparc~..r,y dec//ceted ~_ e ~ame d, . ~ W. ey ma '" /u[61tn~,v _ -- '.'~UlCal,~,v ,,,_ ., l/o/Ti r_ Cfi j! W, . . '""~' Parce/.~-,,un Sba~~ ~,?.1/ be _. be d/V/dec/at Planning and Zoning Board Staff Report N.W, 2na Avenue R-O-W Abandonment Page 2 As previously stated the applicant has an agreement to acquire the subject ROW from the owner of Lots 3 & 4, Block 1, of said Replat Ida Lake Terrace, who is entitled to the entirety of the abandonment area. Improvements in the Alley As stated previously, the subject parcel has numerous trees and hedges located throughout. In addition a wood fence, from the applicant's property, slightly encroaches into the southeastern portion of the parcel. Utility Services ^ 16" water transmission main, running north-south through the entirety of the subject ROW has been identified. The Environmental Services Department has requested that the applicant provide an as-built sketch and grant a utility easement (12 foot) centered over the existing main. Satisfactory disposition of these requests, will be a condition of approval of this abandonment. The City's Fire Department has reviewed the request and has no objection to the abandonment. ^delphia Cable, Florida Power & Light, Florida Public Utilities Company, and BellSouth have also reviewed the requested abandonment, and have no objection. Pursuant to LDR Section 2.4.6(0)(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. Currently, a City water transmission main is located within the subject abandonment area. The provision of a replacement easement has been requested, and will be a condition of approval for this abandonment. B) That the abandonment does not, nor will not, prevent access to a lot of record. The subject alley will not prevent access to any adjacent parcel, as all parcels front on N.W. 12th Street, or on the unimproved portion of N.W. 2nd Avenue ROW, lying south of the abandonment area. Planning and Zoning Board Staff Report N.W. 2na Avenue R-O-W Abandonment Page 3 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. All utilities currently located in the subject area will remain as they exist. As previously stated in Required Findings "B", access is not is not an issue with this abandonment. The development proposal is not within the geographical area requiring review by the CRA (Community Redevelopment Agency), the DDA (Downtown Development Authority), or the HPB (Historic Preservation Board). Courtesy Notices: Courtesy notices have been provided to the following: Lake Ida Homeowners Association Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT As the subject ROW is currently unimproved, and 25' in width, any possible improvement of this portion of N.W. 2nd Avenue would require the acquisition of additional ROW. This is not a realistic option as adjacent properties are developed single-family platted lots. The provision of an as-built sketch of the existing water main, and subsequent establishment of 12 foot utility easement for said main are conditions of approval for the abandonment. Continue with direction. Recommend to the City Commission approval of the abandonment subject to positive findings with respect to LDR Section 2.4.6(0)(5). Recommend to the City Commission denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5). Planning and Zoning Board Staff Report N.W. 2"0 Avenue R-O-W Abandonment Page 4 RECOM'M~ED~ ACTION By motion, recommend to the City Commission approval of the abandonment of the 25' x 130' described portion of N.W. 2nd Avenue right-of-way (directly south of N.W. 12th Street), based upon positive findings with respect to LDR Section 2.4.6(O)(5), subject to the condition that the applicant provide an as-built description of the existing water main located in the abandonment area, and provide for the subsequent provision of a 12 foot replacement utility easement for said main. Attachments: · Location Map · Existing Conditions & Ownership Information Map · Reduced Survey File: S:\Planning&Zoning\Boards\P&Z\NW 2nd Avenue Abandonment.doc ~'~.. ST. N.W. 12TH STREET ~6~ 25' ,,o"" ,=, BREWER ° ° TisDELLE SIMON -% -~ PERIWINKLE ~' ,~ < UNIMPROVED ~. ~, ,..~.:::.., AYERST HILL sIMON '~' ",':":' ~6' 50' N.W. 11 TH STREET N CI~Y' OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT --- D/Ell'Al. /~,A~.E' MAP $?'~'-FM ---- ABANDONMENT OF A PORTION OF N.W. 2ND AVENUE EXISTING CONDITIONS OF R-O-Ws & OWNNERSHIP INFORMATION SET LEGEND ~ = CENTERLINE CONC = CONCRETE W,V, = WA TER METER I.R. = 5/8" IRON ROD WITH CAP ~LB 35.3 . . = CHAIN LINK FENCE . · = WOOD FENCE FL DOD ZONE. X DESCRIPTION N.W. 12TH ST. ! ?5.0' co~c ~ I rFOUND 2' X 2' (~o NU~ER) UT~.ITY £ASc-MENT LOT 1 FAIRACRE PLA T BOOK 24, PAGE 5Z MAP OF BOUNDARY SURVEY I HEREBY CERTF'y THAT TI~j SURVEY WAS MADE ~ MY ~ ~ BOARD ~ ~E~AL ~YDR5 A~ MAPP~ ~ C;IAPT~ &Ig~-6, ~A ~AT~E C~E P~UANT TO ~CT~ 4~.~ ~A STAI~ PAUL D .C. NGLE THAT PORTION OF A 25 FOOT RIGHT OF WAY LYING WEST OF AND ADJACENT TO LOT 14, BLOCK B. PINERIDGE HEIGHTS, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK I3, PAGE 80 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA COPYRIGHT 1~99 O"~R~N, SUITER & O*~REN, INC SURVEYOR ~ MAPPER ,,f5708 O'BRIEN, SUITER & O'BRIEN, INC. LAND SURVEYORS CERT~"ICAT£ OF AUTHORIZAT~N ~LB.TS$ SURVEYOR AND MAPPER IN R£SPONS~L£ CrlARGE. JOHN N SL~TER 2607 NORTH FEDERAL HIGHWAY, DELRAY B£AC~, FLOR~A $$483 (567) 276-4501 732-3279 FAX 276-2390 NOV. 19. 1999 ID.250 37 99-189d