Res 19-06411TY OF DELRRY BEREH
F L . BEACH CITY CLERK 100 N.W. 1 s AVENUE DELRAY BEACH. FLORIDA 33444 561/243-7000
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All-America City
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2001 CERTIFICATION
—
I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do
hereby certify that the attached document is a true and correct copy of
Resolution No. 19 -06, as the same was passed and adopted by the Delray
Beach City Commission in regular session on the 18th day of April, 2006.
'2 IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 21st day of April,
2006.
Chevelle D. Nubin, CMC
City Clerk
City of Delray Beach, Florida
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Printed on Recycled Paper T H E EFFORT ALWAYS MATTERS
11111 Ill it III II III II I� II !1i 11 III II IN 1111111 III I IIII
CFN 20060287063
OR BK 20337 PG 1624
RECORDED 05/15/2006 09:39:48
Palm Beach County, Florida
Sharon R. Bock,CLERK 8 COMPTROLLER
Pgs 1624 - 1627; (4pgs)
RESOLUTION NO. 19 -06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A 16 FOOT WIDE NORTH -SOUTH
UNIMPROVED ALLEY RIGHT -OF -WAY LYING WITHIN
HEISLEY ESTATES AND THE RESUBDIVISION OF THE
SOUTH ONE HALF (S %) OF BLOCK 54, LOCATED ON THE
SOUTH SIDE OF SW 1sT STREET, BETWEEN SW 1s'r
AVENUE AND SW 2ND AVENUE, BUT RESERVING AND
RETAINING TO THE CITY A GENERAL UTILITY
EASEMENT OVER THE ENTIRE ABANDONMENT AREA
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A ".
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a 16 foot wide north -south alley right -of -way, lying within Heisley Estates (Plat
Book 13, Page 48) and the Resubdivision of the South One Half (S lh) of Block 54 (Plat Book 11,
Page 2), as more particularly described in Exhibit "A "; and
WHEREAS, said application for abandonment of a public right -of -way was
processed pursuant to Section 2.4.6(1Vi), "Abandonment of Rights -Of- Way ", of the Land
Development Regulations of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(M)(3)(e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on January 23,
2006, and voted 7 -0 to recommend approval of the abandonment, based upon positive findings with
respect to LDR Section 2.4.6M(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 right -of -way, based upon
positive findings pursuant to LDR Section 2.4.6(M)(5), but does not abandon and retains and
reserves unto itself a general utility easement over the entire abandonment area, as more particularly
described in Exhibit "A ", for the purpose of emergency access and constructing and /or maintaining,
either over or under the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities
used for various public utilities whether owned by the City or private corporations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all
right and interest it holds to the following real property for right -of -way purposes only, but does not
abandon and retains and reserves unto itself a general utility easement over the entire abandonment
area, as more particularly described in Exhibit "A" for the purpose of emergency access and
constructing and /or maintaining, either over or under, the surface poles, wires, pipes, sewers,
drainage facilities, or any other facilities used for various public utilities whether owned by the City
or private corporations, more particularly described as follows:
ATTEST:
City Clerk
See Exhibit "A"
PASSED AND ADOPTED in regular session on this the �" day of
2006.
HIPP,
IT /'v•
2
Resolution No. 19 -06
EXHIBIT "A"
ALL OF THE 16' WIDE, NORTH -SOUTH ALLEY AS SHOWN ON HEISLEY ESTATES
SUBDIVISION, BEING A SUBDIVISION OF THE NORTH ONE HALF (N 1/2) OF BLOCK
54, DELRAY BEACH, FLORIDA, ACCORDING TO THE PLAT THEROF ON FILE IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH
COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 13, PAGE 48.
TOGETHER WITH;
ALL OF THE 16' WIDE, NORTH -SOUTH ALLEY LYING BETWEEN LOTS 5, 6, 7, 8 AND
13, 14, 15, 16, AS SHOWN ON THE RESUBDIVISION OF THE SOUTH ONE HALF (S 1/2)
OF BLOCK 54, DELRAY BEACH, FLORIDA, ACCORDING TO THE PLAT THEREOF ON
FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM
BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 11, PAGE 2.
3
Resolution No. 19 -06
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGE /^ .. p ~ \
PAUL DORLlNG, DIRECTOR OF PLAN~ANL.D. Z~G
NGUYEN TRAN, SENIOR PLANNER ~ ~
MEETING OF APRIL 18, 2006 1*:*tONSENT AGENDA***
APPROVE RESOLUTION NO. 19-06 ABANDONING A 16' WIDE UNIMPROVED
ALLEY RIGHT-OF-WAY ASSOCIATED WITH A PROPOSED MIXED-USE
DEVELOPMENT NAMED CODA, SOUTH OF SW 1ST STREET, BETWEEN SW 1ST
AVENUE AND SW 2ND AVENUE.
The entire 16' wide north-south alleyway of Block 54 was dedicated with the recordation of the plat
of the Town of Linton (PB 1, PG 3) in 1896. The north one-half (N ~) of Block 54 (Lots 1-4 and Lots
9-12) was replatted by Heisley Estates (PB 13, PG 48) in December of 1925. The proposed mixed
used development, CODA, consists of Lots 1-26 of Heisley Estates and Lots 5, 6 & 13 of Block 54.
The current request involves abandoning the entire 16' wide north-south alleyway within this block
and aggregating the reversionary portion of this alleyway into the CODA development. At its
meeting of January 23, 2006, the Planning and Zoning Board recommended approval of the
abandonment of a 16' x 498' unimproved north-south alley right-of-way within Block 54 of the Plat of
the Town of Linton and Heisley Estates. At its meeting of February 22,2006, the Site Plan Review
and Appearance Board granted site plan approval for the mixed-use development on the subject
property. At its meeting of February 27, 2006, the Planning and Zoning Board approved the
preliminary plat and recommended approval of the final plat for CODA. The final plat for CODA is
being considered in conjunction with this abandonment request.
The City's Fire Department reviewed the request and has no objection to the abandonment. The
City's Environmental Services Department (ESD) located an 8" sanitary sewer main within the
abandonment area. ESD stated that a utility easement must be retained, and at a later time the
sewer line will have to be relocated and the easement abandoned. Adelphia Cable has reviewed
the request and has no objection. Florida Power and Light (FP&L) has identified overhead facilities
that run north/south through this alleyway right-of-way, and FP&L has indicated that they do not
object to the abandonment as long as an easement is granted for their existing utilities. BellSouth
has identified utilities in the alleyway and required an easement be provided or that existing facilities
be relocated at the customer's expense. Since the City, FP&L and BellSouth have identified utilities
within the abandonment area, a general utility easement will be retained over the entire
abandonment area. Additional background and a complete analysis of the request are found in the
attached Planning and Zoning Board report.
On January 23, 2006, the item was considered by the Planning and Zoning Board. Chairman Krall
opened the public hearing and no one from the public spoke. The Board voted 7-0 to recommend
approval of the abandonment. All conditions have been satisfactorily addressed.
By motion, approve Resolution No. 19-06 to abandon a 16' x 498' unimproved north-south alley right-of-
way within Block 54 of the plat of the Town of Linton and Heisley Estates subdivision, 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), Abandonment of Rights-of-Way, of the Land Development Regulations.
Attachments:
Location Map, Resolution 19-06, and P&Z Staff Report of January 23, 2006
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CITY Of DELRAY BEACH, FL
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CODA ALLEY ABANDONMENT
MAP REF: LMB92
RESOLUTION NO. 19-06
A RESOLUTION OF THE CIlY COMMISSION OF THE CIlY
OF DELRA Y BEACH, FLORIDA, VACATING AND
ABANDONING A 16 FOOT WIDE NORTH-SOUTH
UNIMPROVED ALLEY RIGHT-OF-WAY LYING WITHIN
HElSLEY ESTATES AND THE RESUBDIVISION OF THE
SOUTH ONE HALF (S %) OF BLOCK 54, LOCATED ON THE
SOUTH SIDE OF SW 1ST STREET, BETWEEN SW 1sT
AVENUE AND SW 2ND AVENUE, BUT RESERVING AND
RETAINING TO THE CIlY A GENERAL UTILIlY
EASEMENT OVER THE ENTIRE ABANDONMENT AREA
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a 16 foot wide north-south alley right-of-way, lying within Heisley Estates (plat
Book 13, Page 48) and the Resubdivision of the South One Half (S Yz) of Block 54 (plat Book 11,
Page 2), as more particularly described in Exhibit "Au; and
WHEREAS, said application for abandonment of a public right-of-way was
processed pursuant to Section 2.4.6(M), "Abandonment of Rights-Of-Way", of the Land
Development Regulations of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(M)(3)(e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on January 23,
2006, and voted 7-0 to recommend approval of the abandonment, based upon positive findings with
respect to LDR Section 2.4.6(M)(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 right-of-way, based upon
positive fmdings pursuant to LDR Section 2.4. 6 (M) (5), but does not abandon and retains and
reserves unto itself a general utility easement over the entire abandonment area, as more particularly
described in Exhibit "A", for the purpose of emergency access and constructing and/or maintaining,
either over or under the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities
used for various public utilities whether owned by the City or private corporations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all
right and interest it holds to the following real property for right-of-way purposes only, but does not
abandon and retains and reserves unto itself a general utility easement over the entire abandonment
area, as more particularly described in Exhibit "AU for the purpose of emergency access and
constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers,
drainage facilities, or any other facilities used for various public utilities whether owned by the City
or private corporations, more particularly described as follows:
See Exhibit "A"
PASSED AND ADOPTED m regular seSS10n on this the _ day of
,2006.
MAYOR
ATTEST:
City Clerk
2
Resolution No. 19-06
EXHIBIT "A"
ALL OF THE 16' WIDE, NORTH-SOUTH ALLEY AS SHOWN ON HElSLEY
ESTATES SUBDIVISION, BEING A SUBDIVISION OF THE NORTH ONE
HALF (N l/Z) OF BLOCK 54, DELRAY BEACH, FLORIDA, ACCORDING TO
THE PLAT THEROF ON FILE IN THE OFFICE OF THE CLERK. OF THE
CIRCUIT COURT IN AND FOR PALM BEACH COUNlY, FLORIDA, AS
RECORDED IN PLAT BOOK 13, PAGE 48.
TOGETHER WITH;
ALL OF THE 16' WIDE, NORTH-SOUTH ALLEY LYING BETWEEN LOTS 5,
6, 7, 8 AND 13, 14, 15, 16, AS SHOWN ON THE RESUBDIVISION OF THE
SOUTH ONE HALF (S Vz) OF BLOCK 54, DELRA Y BEACH, FLORIDA,
ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE
CLERI< OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNlY,
FLORIDA, AS RECORDED IN PLAT BOOK 11, PAGE 2.
3
Resolution No. 19-06
PLANNING AND ZONING BOARD
CITY OF DELRAV BEACH ---STAFF REPORT---
January 23, 2006
III. E.
Abandonment of a 16' Wide by 498,' of a North-South Alleyway
Lying Within Block 54, of the plat of the Town of Linton and of
Heisley Estates Subdivision, Located south of SW 1 st Street,
between SW 1st Avenue and SW 2nd Avenue
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner / Applicant............... New Urban Lighthouse, LLC
Agent... ......... ,.. ......... ... ... Kevin Rickard, V.P
New Urban Lighthouse, LLC
Location............................... 16'Wide by 498' Alleyway
within Block 54, and of Heisley
Estates Subdivision.
Property Size........................ 0.18 Acre
Existing FLUM Designation.. TRN (Transitional 0-5 du/ac) &
MD (Medium Density, 0-5
du/ac)
Current Zoning...............,..... RM (Medium Density
Residential) & RO ( Residential
Office)
Adjacent Zonings........North: CF, RM
East: RM & CF (Community
Facilities)
South: RM
West: RM
Existing Land Use................ Unimproved right-of-way.
Proposed Land Use............. Aggregation into adjacent lots
to be used for a walk-way
proposed mixed-use
development named Coda.
Water Service...................,.. n/a with this request.
Sewer Service...................... n/a with this request.
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DRUG ABUSt FOUNDA nON ~
OF
PALM BtACH COUNTY
III.E.
The item before the Board is that of making a recommendation to the City Commission on the
proposed abandonment of a 16' x 498' unimproved north-south alley right-of-way within Block
54 of the plat of the Town of Linton (Plat Book 1, Page 3) and of Heisley Estates Subdivision
(Plat Book 13, Page 48). The abandonment is associated with a proposed mixed use
(residential, office and commercial) development to be named Coda (fka Li~hthouse). The
alleyway is located south of SW 1 st Street, between SW 1 sl Avenue and SW 2n Avenue.
This right-of-way abandonment is being processed pursuant to LOR Section 2.4.6(M),
Abandonment of Rights-of-Way.
The entire 16' wide north-south alleyway of Block 54 was dedicated with the recordation of the
plat of the Town of Linton in 1896. The north one-half (N ~) of Block 54 (Lots 1-4 and Lots 9-
12) was replatted by Heisley Estates in December of 1925.
The proposed mixed used development, Coda, consists of Lots 1-26 of Heisley Estates and
Lots 5, 6 & 13 of Block 54. At its meeting of September 21, 2004, the City Commission
approved a Small-Scale Future Land Use Map amendment from MD (Medium Density
Residential, 0-5 du/ac) to TRN (Transitional) and Rezoning from RM (Medium Density
Residential) to RO (Residential Office) for the north 0.86 acres of the Coda property.
At its meeting of November 21, 2005 the Planning and Zoning Board approved a conditional
use application and rezoning of the southern 0.21 acre portion of the RO zoned property back
to RM. The purpose of the rezoning is to accommodate the density ratio provisions of the City's
FamilylWorkforce Housing Ordinance.
An application was submitted for a Class V Site Plan, Landscape Plan and Architectural
Elevations for the proposed development. The Site Plan has been scheduled for Site Plan
Review and Appearance Board (SPRAB) review on January 25, 2006, In addition, the plat has
also been submitted and is scheduled for the February 27 Planning and Zoning Board meeting.
The portion of alleyway proposed for abandonment is a 16' x 498' rectangular shaped right-of-
way containing approximately 7,968 square feet (0.18 acre). The abandonment area
represents a portion of an unimproved north-south alleyway within Block 54.
The abandonment request was submitted by New Urban Communities which is the
owner/developer of the proposed project. The alleyway will be utilized as a walkway within the
Coda development, once abandoned, and the area will be incorporated for additional density
calculations.
Pursuant to LDR Section 2.4.6(M)(1), public right-ot-way may be abandoned (returned) to the
adjacent property to the same degree in which it was originally obtained, i.e. property dedicated
exclusively trom 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.
Planning and Zoning Board Staff Report, January 23, 2006
Item III. E. Coda Alley Abandonment
As previously mentioned, the alleyway was dedicated entirely within Block 54. By abandoning
this area, the alleyway will be divided at the center line and the property will be returned equally
to all abutting lots. The remaining portion of the alley will revert to the adjacent property owners.
Utilitv Services
The City's Fire Department reviewed the request and has no objection to the abandonment.
The City's Environmental Services Department (ESD) located an 8" sanitary sewer main within
the abandonment area. ESD stated that a sewer easement must be retained, and at a later
time the sewer line will have to be relocated.
Adelphia Cable has reviewed the request and has no objection.
Florida Power and Light (FP&L) has identified overhead facilities that run north/south through
this alleyway right-of-way, and FP&L has indicated that they do not object to the abandonment
as long as an easement is granted for their existing utilities. '
BellSouth has identified utilities in the alleyway. BellSouth is requesting that an easement be
provided or that existing facilities be relocated at the customer's expense.
Florida Public Utilities has not responded to this request at the time this report was written.
Since the City has identified utilities within the abandonment area, a general utility easement
will be retained over the entire abandonment area; therefore, if Florida Public Utilities does have
facilities within the alleyway, they will be covered by this general utility easement. This will be a
condition of approval.
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.
The 16' x 498' portion of alleyway proposed for abandonment is currently unimproved and is
not being utilized for any means of access. The applicant originally submitted to abandon
the entire north -south and east-west alleyway within Block 54. The CRA had concerns with
the abandonment of the east-west alleyway located on the south end of this block. They felt
that the properties fronting SW 2nd Street were prime candidates for redevelopment and if
they were to be redeveloped into multiple family uses, access is recommended from the
east-west alleyway. The City has no plans to utilize the north-south alleyway for any other
public purpose.
Pursuant to Policv 8-1.4 of the Coastal Management Element of the City's
Comprehensive Plan, The City shall retain all existing public access to the
Intracoastal Waterway, including street ends, and should consider enhancement of
the street ends as pocket parks with reasonable use restrictions including limited
hours of operation.
The location of the Coda right-of-way abandonment does not have any affect on Policy B-
1.4, and therefore is consistent with Comprehensive Plan.
2
Planning and Zoning Board Staff Report, January 23, 2006
Item III. E. Coda Alley Abandonment
B) That the abandonment does not, nor will not, prevent access to a lot of record.
The subject abandonment will not prevent access to any parcel, as all affected parcels have
primary access from SW 1 sl Avenue, SW 2nd Avenue, SW 2nd Street and SW 1 s Street.
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.
An 8" Sanitary Sewer main is located within the abandonment area as well as overhead
electric identified by Florida Power & Light and aerial cables identified by Bell South. The
existing utilities will be accommodated through the reservation of a general utility easement
so that the provision of utility services to adjacent properties or the general area will not be
affected.
The development proposal is within the geographical area requlnng review by the CRA
(Community Redevelopment Agency. The proposed abandonment is not within the
geographical area requiring review by the DDA (Downtown Development Authority) or HPB
(Historic Preservation Board).
Development Services Manaaement Group
On January 5, 2006 the DSMG reviewed this abandonment request and had concerns. One
being the applicant originally submitted to abandon the entire north-south and east-west
alleyway within Block 54. The CRA had concerns with the abandonment of the east-west
alleyway located on the south end of this block. They felt that the properties fronting SW 2nd
Street were prime candidates for redevelopment and if they were to be redeveloped into
multiple family uses, access is recommended from the east-west alleyway. DSMG decided not
to abandon the east-west portion. The other concern was the sewer line. DSMG requested an
easement for the existing sewer line until the sewer line can be relocated.
Community Redevelopment Aaency
The CRA reviewed this abandonment request at its meeting of January 12, 2006 and
recommended "Approval" (7-0).
Courtesy Notices:
Courtesy notices have been provided to the following groups:
. PROD - Progressive Residents of Delray
. Presidents Council
. Neighborhood Advisory Council
. Ebony
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.
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Planning and Zoning Board Staff Report, January 23, 2006
Item III. E. Coda Alley Abandonment
As previously mentioned, the abandonment area is unimproved and is not being utilized for any
means of access. The subject area is not needed, nor will it be needed, for any public purpose
and the City has no immediate future plans to improve this alleyway. Access will not be
prevented to any lot of record and all current utilities and future needs will be accommodated
with the reservation of a general utility easement.
1. Continue with direction.
2. Move approval of the request for the abandonment of a 16 x 498' unimproved north-south
alley right-of-way within Block 54 of the plat of the Town of Linton (PB 1, PG 3) and Heisley
Estates subdivision (PB 13, PG 48), 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), Abandonment of
Rights-of-Way, of the Land Development Regulations, subject to conditions.
3. Move denial of the request for abandonment 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 does not meet criteria set forth in Section
2.4.6(M)(5) of the Land Development Regulations.
By motion, recommend to the City Commission approval of the abandonment of a 16' x 498'
unimproved north-south alley right-of-way within block 54 of the plat of the Town of Linton (PB
1, Pg 3) and Heisley Estates subdivision ( PB 13, Pg48), 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), Abandonment
of Rights-of-Way, of the Land Development Regulations, subject to the following conditions:
1. That the Resolution abandoning the subject area includes language which establishes a
general utility easement over the entire abandonment area;
2. That the Abandonment will not be forwarded to City Commission for final action until the
proposed development receives site plan approval from the Site Plan Review and
Appearance Board; and
3. That an easement for the existing sanitary sewer line be shown and recorded until the
sewer line can be relocated
Report Prepared by: Jason Dobronz, Planner
Attachments:
Location Map
Survey of Abandonment Area
Reduced Site Survey
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