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Res 14-16
RESOLUTION NO 14-16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING TWO ALLEYWAYS ASSOCIATED WITH THE UPTOWN ATLANTIC PROJECT WITH ONE ALLEY BEING A PORTION OF BLOCK 2 BELAIR HEIGHTS AS RECORDED IN PLAT BOOK 20 PAGE 45, LOCATED IN THE 800 BLOCK OF ATLANTIC AVE BETWEEN SW 9TH AVENUE AND SW 1ST STREET AVENUE AND CONTAINING 5,734 SQUARE FEET, AND THE SECOND ALLEY BEING A PORTION OF BLOCK 5 DELRAY BEACH FL AS RECORDED IN PLAT BOOK 23 PAGE 72, LOCATED IN 700 BLOCK OF WEST ATLANTIC AVE BETWEEN SW 8TH AVE AND SW 7TH AVE AND CONTAINING 4,437 SQUARE FEET, WITH BOTH ALLEYS BEING LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida received an application for abandonment of two public alleyways that measure between 14.00 feet to 16.00 feet wide and as recorded in Plat book 20 page 45 and Plat book 23 page 72 of the Public Records of Palm Beach County, Florida, and as more particularly described in Exhibit "A"; and WHEREAS, the application for abandonment of a portion 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 (N) (3) (c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6M(5), finds that there is not, not will there be, a need for the use of the right-of-way for any public purpose (Policy A-6.3 of the Transportation Element); that the abandonment does not, not will not, prevent access to a lot of record; that the abandonment will not result in detriment for the provision of access and/ or utility services to adjacent properties or the general area; and deems it to be in the best interest of the City of Delray Beach to vacate and abandon a portion of said alleys, as more particularly described in Exhibit "A." 1 RES NO 14-16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the forgoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon allrights and interests it holds to the following alley rights -of way, more particularly described as follows: See Exhibit "A" attached hereto PASSED AND ADOPTED in regular session on theW�day� of 2016. ATTEST: City Clerk MAYOR 2 RES NO 14-16 RESOLUTION NO 14-16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING TWO ALLEYWAYS ASSOCIATED WITH THE UPTOWN ATLANTIC PROJECT WITH ONE ALLEY BEING A PORTION OF BLOCK 2 BELAIR HEIGHTS AS RECORDED IN PLAT BOOK 20 PAGE 45, LOCATED IN THE 800 BLOCK OF ATLANTIC AVE BETWEEN SW 9TH AVENUE AND SW 1sT STREET AVENUE AND CONTAINING 5,734 SQUARE FEET, AND THE SECOND ALLEY BEING A PORTION OF BLOCK 5 DELRAY BEACH FL AS RECORDED IN PLAT BOOK 23 PAGE 72, LOCATED IN 700 BLOCK OF WEST ATLANTIC AVE BETWEEN SW 8TH AVE AND SW 7TH AVE AND CONTAINING 4,437 SQUARE FEET, WITH BOTH ALLEYS BEING LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida teceived an application for abandonment of two public alleyways that measure between 14.00 feet to 16.00 feet wide and as -recorded in Plat book 20 page 45 and Plat book 23 page 72 of the Public Records of Palm Beach County, Florida, and as more particularly described in Exhibit "A"; and WHEREAS, the application for abandonment of a portion of said -right-of-way was processed pursuant to Section 2.4.6(M), "Abandonment of Rights -of -Wap", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(N)(3)(c), the application was forwarded to the City Commission with the tecommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(NI)(5), finds that there is not, not will there be, a need for the use of the right -of -wap for any public purpose (Policy A-6.3 of the Transportation Element); that the abandonment does not, not will not, prevent access to a lot of record; that the abandonment will not result in detriment for the provision of access and/ or utility services to adjacent properties or the general area; and deems it to be in the best interest of the City of Delray Beach to vacate and abandon a portion of said alleys, as more particularly described in Exhibit "A." RES NO 14-16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the forgoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon allrights and interests it holds to the following alley rights -of way, more particularly described as follows: See Exhibit "A" attached hereto PASSED AND ADOPTED in regular session on the N\06%�_day of 2016. ATTEST: City Clerk MAYOR RES NO 14-16 SKETCH & DESCRIPTION ALLEY SUBDIVISION OF BLOCK 5, DELRAY BEACH, FLORIDA (P.B. 23, PG. 72, P.B.C.R.) SURVEYOR'S NOTES: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey, 5. Abbreviation Legend: F.B. = Field Book; F.D.O.T. = Florida Department of Transportation; L.B. = Licensed Business; P.B. = Plot Book; P.B.C.R. = Palm Beach County Records; PG. = Page; P.L.S. = Professional Land Surveyor; P.O.B. = Point of Beginning; P.O.C. = Point of Commencement; R/W = Right—of—Way; S.R. = State Road. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Standards of Practice set forth oin-Chapter 5J-17, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. , Date: ---Lf =`O— '201__ NOT VALID WITHOUT SHEETS 1 - 3 REVISIONS K TH M. CAFE,A-T6W, P.L.S. Florida Regi gtion. No. 5328 AVIROM & A,SSOCIATES,i "INC. L.B. No. 3 QG O�S,A330 Q. q� Q In AVIROM & ASSOCIATES, INC. SURVEYING & MAPPING 50 S.W. 2ND AVENUE, SUITE 102 BOCA RATON, FLORIDA 33432 TEL. (561) 392-2594, FAX (561) 394-7125 `csrA841SHED www.AVIROM-SURVEY.com 1st ©2015 AVIROM B ASSOCIATES, INC. all fights reserved. BY: This sketch Is the property of AVIROM B ASSOCIATES, INC. and should not be reproduced or copied without written permisslon. JOB #: 8071-1.5 SCALE: 1" = 80' DATE: 11/20/2015 BY: S.A.M. CHECKED: K.M.C. F.B. --- PG. — SHEET 1 OF 3 SKETCH & DESCRIPTION ALLEY SUBDIVISION OF BLOCK 5, DELRAY BEACH, FLORIDA (P.B. 23, PG. 72, P.B.C.R.) LAND DESCRIPTION: All of the 16 foot wide platted ALLEY as shown on SUBDIVISION OF BLOCK 5, DELRAY BEACH, FLORIDA, according to the plat thereof, as recorded in Plat Book 23, Page 72, of the Public Records of Palm Beach County, Florida; bound on the north by the south lines of Lots 1 through 11, Block 5 of said Plat; bound on the south by the north line of Lots 12 and 21, Block 5 of said Plat; bound on the east by the west right—of—way line of S.W. 7th Avenue, as shown on said Plat; bound on the west by the east right—of—way line of S.W. 8th Avenue, as shown on said Plat. Said lands lying and situate in the City of Delray Beach, Florida, containing 4,437 square feet (0.102 acres), more or less. NOT VALID WITHOUT SHEETS 1 - 3 REVISIONS AVIROM & ASSOCIATES, INC. IoM&ASSOc'9 SURVEYING & MAPPING 50 S.W. 2ND AVENUE, SUITE 102 Q trmA BOCA RATON, FLORIDA 33432 TEL. (561) 392-2594, FAX (561) 394-7125 www.AVIROM-SURVEY.com �SrAaGISHEn {9� ©2015 AVIROM $ ASSOCIATES, INC. all dghts reserved. This sketch is the propedv of AVIROM 6 ASSOCIATES, INC. and should not be reproduced orcopled without wdtten permission. JOB #: 8071-1.5 SCALE: 1"= 80' DATE: 11/2012015 BY: S.A.M. CHECKED: K.M.C. F.B. — PG. — SHEET 2 OF 3 SKETCH & DESCRIPTION ALLEY SUBDIVISION OF BLOCK 5, DELRAY BEACH, FLORIDA (P.B. 23, PG. 72, P.B.C.R.) NOT VALID WITHOUT SHEETS 1 - 3 REVISIONS LOT 13 LOT 22 LOT 14 I LOT 23 SUBDIVISION OF BLOCK 5 DELRAY BEACH, FLORIDA (P.B. 72, PG. 72, P.B.C.R.) 0 80 160 GRAPHIC SCALE IN FEET 1"=80' goer&A330 9 a IM AVIROM & ASSOCIATES, INC. SURVEYING & MAPPING 50 S.W. 2ND AVENUE, SUITE 102 BOCA RATON, FLORIDA 33432 TEL. (561) 392-2594, FAX (561) 394-7125 WEST ATLANTIC AVENUE (S.R. 806) www. AVI ROM -SURVEY. com NORTH LINE OF BLOCK 5 PUBLIC R/W CHECKED: K.M.C. F.B. — PG. — (F.D.O.T. R/W MAP, SECTION 93030-2506, 3 OF 3 SOUTH R/W LINE OF SHEET 4 OF 9, REVISED 03-27-2011) ATLANTIC AVENUE PER F.D.O.T. R/W MAP w I � I I � � 1 1 � � 1 I N M I d' I In co n I CO I CD 1 O I r.. Q F— 0 F H I-- 10 I I— I-- H F.. 0 O I O pO I O I O O O l O l O l p l 0 I +-+ .-. .� 03 0 I I I SOUTH LINES OF LOTS 1-11 I LJ.1 m Z vi 277.26' I > � Of CIT s '-o ALLEY _ o r s �' p m ° Ld 277.28' LIJ ti m ° N Z NORTH LINES OF LOTS 12 & 21 =' N Gf1 m LOT 12 ; LOT 21 co a - - - NOT VALID WITHOUT SHEETS 1 - 3 REVISIONS LOT 13 LOT 22 LOT 14 I LOT 23 SUBDIVISION OF BLOCK 5 DELRAY BEACH, FLORIDA (P.B. 72, PG. 72, P.B.C.R.) 0 80 160 GRAPHIC SCALE IN FEET 1"=80' goer&A330 9 a IM AVIROM & ASSOCIATES, INC. SURVEYING & MAPPING 50 S.W. 2ND AVENUE, SUITE 102 BOCA RATON, FLORIDA 33432 TEL. (561) 392-2594, FAX (561) 394-7125 �STge11SHED www. AVI ROM -SURVEY. com ©2015 AVIROM&ASSOCIATES, INC. all rights reserved. BY: This sketch Is the grope t (of AVIROM & ASSOCIATES, INC. and should not he reproduced or capled without written parm/sslcn. JOB #: 8071-1.5 SCALE: 1" = 80' DATE: 11/20/2015 BY: S.A.M. CHECKED: K.M.C. F.B. — PG. — SHEET 3 OF 3 SKETCH & DESCRIPTION PORTION OF ALLEY BLOCK 2, BELAIR HEIGHTS (P.B. 20, PG. 45, P.B.C.R.) SURVEYOR'S NOTES: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 5. Abbreviation Legend: F.B. = Field Book; F.D.O.T. = Florida Department of Transportation; L.B. = Licensed Business; P.B. = Plat Book; P.B.C.R. = Palm Beach County Records; PG, = Page; P.L.S. = Professional Land Surveyor; P.O.B. = Point of Beginning; P.O.C. = Point of Commencement; R/W = Right—of—Way; SEC. = Section; S.R. = State Road. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction;, :, l FURTHER CERTIFY that this Sketch and Description meets the Standards of Practice set firth 0 Chapter 5J-17, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Date: --2Z= r� s'ZO — NOT VALID WITHOUT SHEETS 1 - 3 REVISIONS KrITH M. CHEE—/A,TOW,' P,L.S. Florida ReOration No --328 AVIROM & ASSOCIATES; INC.- L.B. NC.L.B. No. 3300''': ASSOC'9 C M AVIROM & ASSOCIATES, INC. SURVEYING & MAPPING 50 S. W. 2ND AVENUE, SUITE 102 BOCA RATON, FLORIDA 33432 TEL. (561) 392-2594, FAX (561) 394-7125 �sTgBUSHED www.AVIROM-SURVEY.com 1g6� ©2016 AVIROM & ASSOCIATES, INC. all fights reserved. BY: This sketch is the properly o/ AVIROM & ASSOCIATES, INC. and should not be reproduced orcopled without written penNssion. JOB #: 8071-1.7 SCALE: V = 60' DATE: 11/20/2015 BY: S.A.M. CHECKED: K.M.C. F.B. — PG, — SHEET 1 OF 3 SKETCH & DESCRIPTION PORTION OF ALLEY BLOCK 2, BELAIR HEIGHTS (P.B. 20, PG. 45, P.B.C.R.) LAND DESCRIPTION: All of the 16 foot wide and 14 foot wide platted ALLEY lying within Block 2, BELAIR HEIGHTS, according to the Plat thereof, as recorded in Plat Book 20, Page 45, of the Public Records of Palm Beach County, Florida; bound on the north by the south line of Lot A of said Plat and the westerly extension of the north line of Lot B of said Plat; bound on the south by the north line of Lot 1 of said Plat and the easterly extension of the south line of Lot 4, of said Plat; bound on the east by the west line of the east 147 feet of Lot 9, Section 17, as shown on the Plat MAP of TOWNSHIPS 45 and 46 SOUTH, RANGE 43 EAST, according to the Plat thereof, as recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida, lying north of said Lot B, also bound on the east by the west line of the east 145 feet of said Lot 9, Section 17, lying south of said Lot B; bound on the west by the east right—of—way line of S.W. 9th Avenue and the east lines of Lots 1 through 4 of said BELAIR HEIGHTS. Said lands lying and situate in the City of Delray Beach, Florida, containing 5,734 square feet (0.132 acres), more or less. NOT VALID WITHOUT SHEETS 1 - 3 REVISIONS O�S,ASSo Q y� 4 M AVIROM & ASSOCIATES, INC. SURVEYING & MAPPING 50 S. W. 2ND AVENUE, SUITE 102 BOCA BATON, FLORIDA 33432 TEL. (561) 392-2594, FAX (561) 394-7125 �STAeLISHED www.AVIROM-SURVEY.com ©2015 AVIROM &ASSOCIATES, INC. all rights reserved. BY: This sketch Is the property of AVIROM & ASSOCIATES, INC. and should not be reproduced or copied without written permission. JOB #: 8071-1.7 SCALE: 1"= 60' DATE: 11/20(2015 BY: S.A.M. CHECKED: K.M.C. F.B. — PG. — SHEET 2 OF 3 SKETCH & DESCRIPTION PORTION OF ALLEY BLOCK 2, BELAIR HEIGHTS (P.B. 20, PG. 45, P.B.C.R.) SOUTH R/W LINE OF WEST ATLANTIC AVENUE (S.R. 806) ATLANTIC AVENUE PUBLIC R/W PER F.D.O.T. R/W MAP (F.D.O.T. R/W MAP, SECTION 93030-2506, SHEET 4 OF 9, REVISED 03-27-2011) PORTION OF LOT 9 i LOT 5 I LOT 4 I LOT 3 LOT 2 LOT 1 c SECTION 17-46-43 I MYRICK SUBDIVISION J I (P.B. 1, PG. 4, P.B.C.R.) I I (P.B. 10, PG. 79, P.B.C. R.) SOUTH LINE OF LOT A co , _C ALLEY z � w NORTH LINE OF LOT 1 14' (P.B. 20/45, P.B.C.R.) z LOT 1 PORTION OF LOT 9 Lj ¢ SECTION 17-46-43 W D m(P.B. 1, PG. 4, P.B.C.R.) Z .,, — -- -- I z � LU \ °- °' WEST LINE OF EAST 147' LU \ QN LOT 2 o LOT 9, SEC. 17-46-43 I Q m J U WESTERLY EXTENSION OF co m co m CD z (n 14. f NORTH LINE OF LOT B a- N J Z -- -- -- �- m \ LOT 3 WEST LINE OF LOT B LOT B BLOCK 2 LOT 4 LU BLOCK 2 BELAIR HEIGHTS BELAIR HEIGHTS (P.B, 20, PG. 45, P.B.C.R.) P.B. 20, PG. 45, P.B.C.R. 1 -- -- -- EASTERLY EXTENSION OF 1 SOUTH LINE OF LOT 4 i i WEST LINE OF EAST 145'1 LOT 5 �i LOT 9, SEC. 17-46-43 I PORTION OF LOT 9 al SECTION 17-46-43 LOT 6>w (P.B. (P.B. 1, PG. 4, P.B.C.R.) I I of 0 60 120 NI C61 GRAPHIC SCALE IN FEET a NOT VALID WITHOUT SHEETS 1 - 3 1 1 1" = 60' REVISIONSJOB #: 8071-1 7 A /ROM & ASSOCIATES, INC. �Otr ASSOC'ga SURVEYING & MAPPING 50 S.W. 2ND AVENUE, SUITE 102 a � BOCA RATON, FLORIDA 33432 TEL. (561) 392-2594, FAX (561) 394-7125 www. AVI RO M -SURVEY. com FSrgSGISH60 ©2016 AVIROM & ASSOCIATES, INC. all fights reserved. 717/3 sketch Is the Props of AVIROM & ASSOCIATE$ INC. and should not he reproduced oicopled without written pannisslon. SCALE: 1" = 60' DATE: 11/20/2015 BY: S.A.M. CHECKED: K.M.C. F.B. --- PG. -- SHEET 3 OF 3 EITY OF DELRRY BEREH DELRAY BEACH 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 All-AmericaCity 1 1993 CERTIFICATION 2001 I, 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. 14-16, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 19th day of April, 2016. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal. of the City of Delray Beach, Florida, on this the 101h day of June, 2016. Chevelle D. Nubin, MMC City Clerk City of Delray Beach, Florida (SEAL) :SERVICE • PERFORMANCE • INTEGRITY • RESPONSIBLE • INNOVATIVE • TEAMWORK