Res 88-00RESOLUTION NO. 88-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING
THAT PORTION OF THE UNIMPROVED RIGHT-OF-WAY FOR
LAING STREET, LYING EAST OF THE INTRACOASTAL
WATERWAY AND WEST OF ANDREWS AVENUE, AS SHOWN ON
THE PLAT OF DELRAY BEACH ESPLANADE AND AS ALSO
SHOWN ON THE PLAT OF WATER WAY LANE, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND
RETAINING TO THE CITY A UTILITY EASEMENT FOR PUBLIC
AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF.
WHEREAS, an apphcauon for abandonment of that portion of the unimproved Lamg
Street right-of-way lying between the Intracoastal Waterway and Andrews Avenue, as more parucularly
described herein, was received by the C~ty of Delray Beach; and
WHEREAS, the apphcauon for abandonment of smd right-of-way xvas processed pursuant
to Section 2.4.6(0), "Abandonment of Pughts-of-Way", of the Land Development Regulations of the C~t7
of Delray Beach; and
WHEREAS, pursuant to LDR Secuon 2.4.6(O)(33(d), the Planning and Zomng Board, as
Local Planning Agency, formally reviewed the matter at a pubhc hearing on October 16, 2000, and voted 6
to 0 to recommend approval of the abandonment, based upon posmve findings wxth respect to LDR
Secuon 2.4.6(O)(53, and sublect to the condiuon that a general uuhty easement be retained over the enttre
area; and
WHEREAS, the Csty Comrmssion of the City of Delray Beach, Florida, finds that ~ts interest
m the described property. ~s no longer needed for the public good and deems ~t to be in the best interest of
the City of Delray Beach to vacate and abandon sa~d right-of-way, based upon posture findings pursuant to
LDR Secuon 2.4.6(O)(53, but does not abandon and retains and resen, es unto ~tself a utiltty easement over
the entire area thereof, as more parncularly described hereto, for the purpose of emergency access and
constructing and/or maintaining, either over or under, the surface poles, w~res, p~pes, sewers, drainage
facilmes, or any other facthues used for various pubhc utihties whether owned by the C~ty or private
corporations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(53 and Chapter 166 of the HoNda Statutes, ~t
is hereby determined by the Delray Beach C~ty Cormmssion to vacate and abandon all right and interest ~t
holds to the following real property for right-of-way purposes only, but does not abandon and retains and
reserves unto ~tself a utthty easement over the entire area thereof, more parucularly described as follows:
That certain 20.00 foot right-of-way for Laing Street, lying east of the
Intracoastal Waterway and west of Andrews Avenue, as shown on the Plat of
Dekay Beach Esplanade, according to the Plat thereof as recorded in Plat
Book 18 at Page 39 of the Pubhc Records of Palm Beach Count3,, Florida, and
as also shown on the Plat of Water Way Lane, according to the Plat thereof
recorded in Plat Book 18 at Page 100 of the Pubhc Records of Palm Beach
County, Florida, said right-of-way being more parucularly described as follows:
Begin at the Northeast comer of Lot 1, Delray Beach Esplanade as recorded in
Plat Book 18, Page 39 of the Public Records of Palm Beach County, Florida;
thence North 89 degrees 54'11" West along the North line of Lots 1 through
12, reclusive, of sa~d Plat of Delray Beach Esplanade, being coincident with the
South lme of that certain 20.00 foot right-of~way for Lamg Street, for a
&stance of 928.11 feet; thence North 07 degrees 54'04" East along the East
right-of-way line of the Intracoastal Waterway for a chstance of 20.19 feet;
thence South 89 degrees 54'11" East along the South line of the Yacht Basra
and the South line of Lots 7 through 12, inclusive, of the Plat of Water Way
Lane, according to the Plat thereof as recorded m Plat Book 18 at Page 100 of
the Public Records of Palm Beach Count3,, Florida, being coincident with the
North line of the said 20.00 foot right-of-way for Lamg Street, for a chstance
of 925.35 feet to the Southeast comer of Lot 12 of said Plat of Water Way
Lane; thence South 00 degrees 01'49" West along the Southerly extension of
the East lme of smd Lot 12, Plat of Water Way Lane, for a &stance of 20.00
feet to the Point of Beginning. Containing 18,535 square feet, more or less.
PASSED AND ADOPTED m regular session on tbas the 7th day of November, 2000.
MAYOR
ATTEST:
City Clerk
- 2 - Res. No. 88-00
ANDREWS AVENUE
SOtYO1'49'W
20.00'
WEST RIGHT OF WAY LINE
OF ANDREWS AVENUE
PER P.B. 18, PAGE ,59)
SHEET 2 OF 2 SHEETS
NO T'54 'O4 'E I
20.19'
ffFTRAOOA$1-AL
SCALE 1" = 80'
~' BEACH '~RAy
Eugineers ... Su~,evors
.... _. -_ ~ ~ l~ ~AG~ ~) 310SE lstS~ee~DelrayBe~ch. FL 33483
~ NO. 00-~0~-~2
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
PAUL DORLING, ACTING DIRECTOR OF ~-/~NN~G AND ~ING
DANIEL MARFINO, SENIOR PLANNER--'Z~.~ ' -
MEETING OF NOVEMBER 7, 2000 *CONS~ENT AGENDA*
ABANDONMENT OF THE UNIMPROVED PORTION OF THE LAING
STREET RIGHT-OF-WAY, LYING BETWEEN THE INTRACOASTAL
WATERWAY AND ANDREWS AVENUE.
The request involves abandoning a 20' x 928' rectangular shaped parcel, containing
approximately 18,560 square feet (0.42 acres). The subject property represents the entire
portion of the Laing Street right-of-way, between the Intracoastal Waterway and Andrews
Avenue, and was dedicated with the plat of the Fractional East Half of Section 16 (Plat Book
1, Page 25).
The abandonment request was submitted by Kevin & Mary McCarty, the owner of Lots 6
and the west half of Lot 5, Plat of Delray Beach Esplanade. If approved, the property
owners to the north and south are entitled to one-half (10 feet each) of the abandonment
area, adjacent to their individual lots.
The subject alleyway is unimproved, however Florida Power & Light, BellSouth, Adelphia
Cable and the Florida Public Utilities Company have identified existing facilities in the
abandonment area. In order to accommodate these facilities, a general utility easement will
be retained over the entire abandonment area.
At its meeting of October 16, 2000, the Planning and Zoning Board considered the request
at a public hearing. There was no public comment concerning the proposed abandonment.
After reviewing the staff report and discussion, the Board voted 6 to 0 (Lloyd Hassner
absent), to recommend approval, with the condition that a general utility easement is
retained over the entire abandonment area.
By motion, approve the abandonment of right-of-way and reserve a general utility easement
over the entire abandonment area, based upon positive findings with respect to LDR Section
2.4.6(0)(5).
Attachment:
· Abandonment Resolution
· P & Z Staff Report of October 16, 2000
S:\ P&Z~boards\citycommission\LaingSt-Aban-CC Doc.doc
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
October 16, 2000
III.A.
Abandonment of an Unimproved East-West Portion of Laing Street,
Located Between Andrews Avenue and the Intracoastal Waterway.
GENERAL DATA:
Owner .................................. General Public
Agent/Applicant .................... Lawrence Kevin & Mary
Ballard McCarty
Location ............................... East-West portion of Laing
Street, between Andrews
Avenue and Intracoastal
Waterway
Property Size ........................ 0.43 Acre
Existing FLUM Designation.. Low Density Residential
Current Zoning ..................... R-l-AA (Single Family
Residential)
Adjacent Zonings ........ North: R-l-AAA (Single Family
Residential)
East: R-l-AA
South: R-l-AA
West: Intracoastal Waterway
Existing Land Use ................ Unimproved east-west right-
of-way
Proposed Land Use ............. Abandonment of the east-
west portion of Laing Street,
between Andrews Avenue
and the Intracoastal
Waterway to be aggregated
into adjacent lots.
Water Service ....................... n/a
Sewer Service ...................... n/a
III.A.
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 unimproved portion of the
Laing Street right-of-way (ROW), lying between Intracoastal Waterway and
Andrews Avenue.
This right-of-way abandonment is being processed pursuant to LDR Section
2.4.6(O), Abandonment of Rights-of-Way.
BACKGROUND
The subject portion of Laing Street is located approximately 2,075 feet north of E.
Atlantic Avenue, and 770 feet west of State Road A1A. Laing Street was
dedicated with the recordation of the Plat of the Fractional East Half of Section
16 (Plat Book 1, Page 25, of the Public Records of Palm Beach County, Florida),
in March of 1910.
Currently the right-of-way is unimproved, and numerous adjacent parcels have
incorporated portions of the abandonment area into their yards.
ABANDONMENT DESCRIPTION
The portion of Laing Street proposed for abandonment measures 20 feet in width
and approximately 928 feet in length, containing 18,560 square feet (0.43 acres).
The abandonment area represents the entire portion of the Laing Street right-of-
way between Andrews Avenue and the Intracoastal Waterway.
The abandonment request was submitted by Kevin & Mary Mc Carry, the owners
of Lot 6, and the west half of Lot 5, Plat of Delray Beach Esplanade.
ABANDONMENT ANALYSIS
Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned
(retumed) to the 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.
The subject abandonment area was originally dedicated as a public right-of-way
with recordation of the plat of the Town of Linton (Delray Beach's original town
plan, PB 1, PG 4) in 1895. Functionally it served as an access road between
large agricultural lots. It was subsequently replatted with the plat of the
Fractional East Half of Section 16 (PB 1, PG 25), in 1910, with the same right-of-
way and adjacent lot configuration.
Planning and Zoning Board Staff Report
Laing Street Right-of-way Abandonment
Page 2
As the City began to grow and prosper, the large agricultural lots east of the
Intracoastal Waterway were subdivided for residential purposes. The properties
abutting the south side of Laing Street (12) were created in 1938 via the plat of
Delray Beach Esplanade (PB 18, PG 39), and the properties to the north side (6)
were created with the plat of Waterway Lane (PB 18, PG 100), in 1940. The right
of reversion transfers to the parcels, which are adjacent to the subject right-of-
way.
Accordingly, the fee-simple owners of Lots 1 through 12, said plat of Delray
Beach Esplanade, and the fee-simple owners of Lots 7 through 12, said plat of
Water Way Lane, are entitled to % of the 20 feet wide subject right-of-way,
adjacent to their property.
Utility Services
Recently, the Environmental Services Department completed a water main
improvement project, whereby service to all adjacent properties to the south were
relocated from an aging 2" main in the subject area, to a new main located in the
Vista Del Mar Drive right of-way. The 2" main has been plugged and will not be
used for any other purpose, therefore Environmental Services Department has
no objection to the abandonment.
Florida Power & Light, BellSouth, Adelphia Cable and the Florida Public Utilities
Company have identified existing facilities in the subject abandonment area, and
are requesting a replacement utility easement; in order to maintain said facilities.
The City's Fire Department has reviewed the request and has no objection to the
abandonment.
REQUIRED FINDINGS
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, the right-of-way is unimproved, and there are no plans to improve it
in the future. The City has no plans to utilize this right-of-way for any other
purpose.
Planning and Zoning Board Staff Report
Laing Street Right-of-way Abandonment
Page 3
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
Currently, all parcels adjacent to the south side of the proposed abandonment
take primary access from Vista Del Mar Drive. All parcels to the north take
primary access from Water Way Lane. No parcels use the subject area for
secondarY access.
That the abandonment will not result in detriment to the provision of
access and/or utility services to adjacent properties or the general area.
Currently Florida Power & Light, Adelphia Cable, BellSouth and the Florida
Public Utilities Company have identified existing utilities in the subject area.
The existing utilities will be accommodated through the reservation of a
general utility easement, so that they will provide the same or better services
to the surrounding area. This will be a condition of approval for this
abandonment.
REVIEW BY OTHERS
The development proposal is not within a geographical area requiring review by
the CRA (Community Redevelopment Agency), the HPB (Historic Preservation
Board), or the DD^ (Downtown Development Authority).
Courtesy Notices:
Courtesy notices have been provided to the following:
Presidents Council
13 Beach Properties Association
Via Marina 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.
Planning and Zoning Board Staff Report
Laing Street Right-of-way Abandonment
Page 4
ASSESSMENT
As the subject right-of-way has a platted width of 20 feet, which is 1/3 the current
code requirements of 60 feet, and development has already occurred on all
adjacent property, it is unrealistic to believe the subject area will ever be
improved for access purposes. Furthermore, as all current and future utilities
will be accommodated through a replacement utility easement, the intended
public use of the subject area is limited. The purpose of the abandonment is to
incorporate the vacated area with the parcels to the north and south, which will
benefit the adjacent property owners.
ALTERNATIVE ACTIONS
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).
RECOMMENDED ACTION
By motion, recommend to the City Commission approval of the abandonment of
the unimproved portion of the Laing Street right-of-way, lying between the
Intracoastal Waterway and Andrews Avenue, based upon positive findings with
respect to LDR Section 2.4.6(O)(5), subject to the following condition:
1) Retain a general utility easement over the entire abandonment area.
Attachments:
· Reference Map "A"
· Survey
File: S:\Planning&Zoning\P&Z~Laing Street Abandonment.doc
BEACH
SEA
DRIVE
SPRAY AVE.
WA
WATERWAY
LANE
SAN[
LAING STREET
0
THOMAS
VISTA DEL MAR DR.
STREET
~ OF DELRA,Y BEACH, FL
PLa~NII'4~ ~' ZONING DEP, ART'MEI~"r
LAING STREET
ABANDONMENT
REFERENCE
MAP
-- OlGlrA~ B~GE MA~ SYSTEM --
20' RIGHT-OF-WAY ABANDONMENT
THAT PORTION OF TEIE 20.00 FOOT RIGHT-OF-WAY FOR LAING STREET
AS SHOWN ON DELRAY BEACH ESPLANADE PLAT BOOK 18, PAGE 39 AND
ON THE PLAT OF WATER WAY LANE, PLAT BOOK 18, PAGE 100,
CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA
LEGAL DESCRIPTION:
THAT CERTAIN 20.00 FOOT RIGHT-OF-WAY FOR LAING STREET, LYING EAST OF THE INTRACOASTAL WATERWAY
AND WEST OF ANDREWS AVENUE AS SHOWN ON THE PLAT OF DELRAY BEACH ESPLANADE, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 18 AT PAGE 39 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, AND AS ALSO SHOWN ON THE PLAT OF WATER WAY LANE, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 18 AT PAGE 100 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID
RIGHT OF WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF LOT 1, DELI{AY BEACH ESPLANADE AS RECORDED IN PLAT BOOK 18 PAGE
39 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N89°54'11"W ALONG THE NORTH LINE
OF LOTS 1 THROUGH 12 INCLUSIVE OF SAID PLAT OF DELRAY BEACH ESPLANADE, BEING COINCIDENT WITH THE
SOUTH LINE OF THAT CERTAIN 20.00 FOOT RIGHT-OF-WAY FOR LAING STREET, FOR A DISTANCE OF 928.11 FEET;~
THENCE N07°54'04"E ALONG THE EAST RIGHT-OF-WAY LINE OF THE INTRACOASTAL WATERWAY FOR A DISTANCE
OF 20.19 FEET; THENCE S89°54'11"E ALONG THE SOUTH LINE OF THE YACHT BASIN AND THE SOUTH LINE OF LOTS 7!
THROUGH 12 INCLUSIVE, OF THE PLAT OF WATER WAY LANE, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 18 AT PAGE 100, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING COINCIDENT
WITH THE NORTH LINE OF THE SAID 20.00 FOOT RIGHT-OF-WAY FOR LAING STREET, FOR A DISTANCE OF 925.35
FEET TO THE SOUTHEAST CORNER OF LOT 12, OF SAID PLAT OF WATERWAY LANE; THENCE S00°01'49"W ALONG
THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 12, PLAT OF WATER WAY LANE FOR A DISTANCE OF
20.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
CONTAINING 18,535 SQUARE FEET MORE OR LESS.
AVER AND SHEREMETA, INC.
449
DATED: SEPTEMBER 19, 2000
FILE: CURRY~UBLISHER\SKETCH&LEOALSkL~MI'4GS&L.PUB
NOTES:
1) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY ("THIS IS NOT A
suRVEY,,).
2)
BEARINGS SHOWN HEREON REFER TO THE NORTH RIGHT-OF-WAY LINE OF LAING STREET AS SHOWN ON
DELRAY BEACH ESPLANADE AS RECORDED IN PLAT BOOK 18 PAGE 39 OF THE PALM BEACH COUNTY RECORDS
HAVING AN ASSUMED BEARING OF N89°54'11" W.
SHEET 1 OF 2 SHEETS
FILE NO. 00-15065-SSl
Heller-Weaver and Sheremeta, Inc.
Engineers... Surveyors ... Planners
Pitlm Beach County
310 Southeast First Street, Suite Four
Dekay Beach, Florida 33483
(561) 243-8700
(561) 243-8777 Fax
SHEET 2 OF 2 SHEETS
ANDREWS AVENUE
S00'01'49'W --~11;'~
2o. oo' II Il
,:,.. II Il
I
WEST RIGHT OF WAY LINE
OF ANDREI~S AVENUE
PER P,B. 18, PAGE 39)
SCALE: 1" = 80'