Res No. 54-17RESOLUTION NO. 54-17
A RESOLUTION OF THE CITY COMMISSION OF THE QTY OF
DELRAY BEAC,H, FLORIDA, PROVIDING FOR THE
ABANDONMENT OF A FORTY (40') FOOT WIDE PORTION OF
RIGHT-OF-WAY ALONG SOUTH MILITARY TRAIL ADJACENT
TO NORTHWEST CORNER OF DELRAY SQUARE II SHOPPING
CENTER AS DEEDED TO PALM BEACH COUNTY BY RIGHT-OF-
WAY WARRANTY DEED RECORDED AT OFFICIAL RECORDS
BOOK 5031, PAGE 70 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, AND AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; PROVIDING FOR CONFORMANCE
WITH ABANDONMENT PROCEDURES SET FORTH IN CITY OF
DELRAY BEACH CODE OF ORDINANCES AND PALM BEACH
COUNTY CODE OF ORDINANCES; PROVIDING DIRECTIONS
TO THE CLERK; PROVIIDNG FOR EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS, the City of Delray Beach, Florida received an application for abandonment of a
40' wide right-of-way reservation along South Military Trail for a portion of right-of-way shown on the
Plat of Delray Square II recorded at Plat Book 82, Pages 63 and 64 of the Public Records of Palm Beach
County, Florida, (the "Plat") and as more particularly described in Exhibit "A"; and
WHEREAS, the portion of right-of-way requested for abandonment is owned by Palm Beach
County by way of Right -Of Way Warranty Deed recorded at ORB 5031, Page 70 of the Public Records of
Palm Beach Count; and the City of Delray Beach has determined that there is not now, nor will be in the
future, any use of this right-of-way for public purposes, with such finding being required by the City's
Comprehensive Plan at Policy A-6.3 of the Transportation Element and Sec. 2.4.6(4 of the Land
Development Regulations of the City of Delray Beach; and
WHEREAS, Sec. 22-47(12) of the Palm Beach County Code of Ordinances requires that a
certified municipal resolution abandoning any interest it might have in a right-of-way portion which lies
within the corporate limits of a municipality shall be attached to a petition to the County to also abandon
its interest in such right-of-way prior before County action on such abandonment petition; and
WHEREAS, the subject portion of right-of-way has been shown as a portion of Tract 1A on the
Plat since its recording in 1998 and has been utilized as planting area, parking spaces and driveway
entrance since that time; and the area will continue as such once the abandonment petition has been acted
upon by the local governments at interest; and
WHEREAS, the entire 120' portion of Military Trail right-of-way lying within the City of Delray
Beach corporate limits is within the jurisdiction of the County pursuant to Table T-1, entitled Strut
Netuork Class tions and Impar. nrw , set forth in the Transportation Element of the City's
Comprehensive Plan, and as a result, the City appears to have no jurisdiction, reservation of rights over,
nor ownership of the subject right-of-way parcel, but is willing to abandon any interest it might have under
RES NO 54-17
law, if any exists, in order to expedite such abandonment under County regulations; and
WHEREAS, the City Commission of the City of Delray Beach supports the abandonment of
right-of-way by both the City and Palm Beach County, thus enabling the return for private purposes of
this portion of right-of-way entirely to the adjacent property owner, TSLF DELRAY JV LLC, located at
14530 South Military Trail within the Delray Square II Shopping Center.
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 herebyincorporated herein by this reference and are approved
and adopted.
Section 2. That pursuant to Policy A-6.3 of the Transportation Element and Sec. 2.4.6(4 of the
Land Development Regulations of the City of Delray Beach, along with Sec. 22-47(12) of the Palm Beach
County Code of Ordinances, the City hereby determines that said lands are not being used now, nor will
be used in the future, for Public Purposes and thus agrees to vacate and abandon such rights and
interests it might hold, if any, to the following portion of right -of way lying adjacent to the northwest
corner of the Delray Square II Shopping Center site, as more particularly described as follows:
See Exhibit "A" attached hereto
Section 3. The City Clerk, or designee, is directed to send a certified copy of this Resolution to Mark
Rickards, AICP, 1615 S. Congress Avenue, Suite 201, Delray Beach, Florida 33445, for attachment to petition
to Palm Beach County for right-of-way abandonment.
Section 4. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED in regular session on the 15`x' day of
ATTEST:
City Clerk
Mayor
RES NO 54-17
ALL OF THE STATE OF FLORIDA 40 FOOT RIGHT-OF-WAY RESERVATION AS RECORDED IN DEED BOOK
646, PAGE 303 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AS SHOWN ON PLAT OF
DELRAY SQUARE II, AS RECORDED IN PLAT BOOK 82, AT PAGES 53 AND 64 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PLAT OF DELRAY SQUARE II; THENCE, ALONG THE
NORTH LINE OF SAID PLAT, AND THE NORTH LINE OF SAID L.W.D.D. CANAL L-33 CANAL EASEMENT,
NORTH 89°20'23" EAST. A DISTANCE OF 40.00 FEET TO A POINT OF INTERSECTION WITH THE EAST
UNE OF SOUTH MILITARY TRAIL RIGHT-OF-WAY AS RECORDED IN OFFICIAL RECORD BOOK 5031, PAGE
70; THENCE, DEPARTING SAID NORTH LINE, ALONG SAID EAST LINE, SOUTH 01°23'41" EAST, A
DISTANCE OF 697.48 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID PLAT OF
DELRAY SQUARE II; THENCE, DEPARTING SAID EAST, ALONG SAID SOUTH PLAT LINE, SOUTH 89°20'38"
WEST, A DISTANCE OF 40.00 FEET TO THE SOUTHWEST CORNER OF SAID PLAT OF DELRAY SQUARE I!;
THENCE, ALONG THE WEST LINE OF SAID PLAT, NORTH 01"23'41" WEST, A DISTANCE OF 697.48 FEET
TO THE POINT OF BEGINNING.
SAD LANDS SITUATE IN THE NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER SECTION
13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
CONTAINING 27,899 SQUARE FEET/ 0,6405 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF
RECORD.
NOTES:
1, REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S
SEAL.
2. BEARINGS SHOWN HEREON ARE RELATIVE TO A GRID BEARING OF NORTH 01°24'32"W. ALONG THE
WEST LINE OF THE NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER SECTION 13,
TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, RELATIVE TO THE FLORIDA
STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (90/98
ADJUSTMENT).
3. LANDS SHOWN HEREON WERE ABSTRACTED BY STUART TITLE GUARANTY COMPANY; POLICY NO.
C-72526-20160149; DATED: MARCH 8, 2017, 8:00 AM.
4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR.
5. DATA SHOWN HEREON WAS COMPILED FROM INSTRUMENTS OF RECORD AND DOES NOT CONSTITUTE
A BOUNDARY SURVEY AS SUCH,
CERTII° ICATE:
I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED
PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED
UNDER MY DIRECTION ON JULY 19, 2017. 1 FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION
MEETS THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER 5�-17 ADOPTED BY THE FLORIDA
BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027.
CAULFIELD & WHEELER, INC.
CIVIL ENGINEERING - LAND SURVEYING
7900 GLADES ROAD - SUITE 100
BOCA RATON, FLORIDA 33434
PHONE (561)-392-1991 FAX (561)-750-1452
DELRAY SQUARE II
RIGHT -017 -WAY RESERVA11ON RELEASE
SKETCH OF DESCRIPTION
AVID P. LINDLEY
EGISTERED LAND
URVEYOR NO. 5005
TATE OF FLORIDA
.B. 3591
SHEET 1 OF 511
DATE 07/19/17
E.B./ PG. N/A
SCALE AS SHOWN
JOB NO. 6900-MR3
LOCATION MAP
NOT TO SCALE
NOTES
COORDINATES, BEARINGS AND DISTANCES
COORDINATES SHOWN ARE GRID
DATUM = NAD 83 (90/98 ADJUSTIv1ENT)
ZONE = FLORIDA EAST
LINEAR UNIT = US SURVEY FEET
COORDINATE SYSTEM 1983 STATE PLANE
TRANSVERSE MERCATOR PROJECTION
ALL DISTANCES ARE GROUND
SCALE FACTOR = 1.00003362
GROUND DISTANCE X SCALE FACTOR = GRID DISTANCE
BEARINGS AS SHOWN HEREON ARE GRID DATUM,
NAD 83 (90/98 ADJUSTMENT), FLORIDA EAST ZONE.
I - CENTERLINE
E - EASTING (WHEN USED WITH COORDINATES)
FPL - FLORIDA POWER & LIGHT
LB - LICENSED BUSINESS
L. W. D. D. - LAKE WORTH DRAINAGE DISTRICT
N - NORTHING (WHEN USED WITH COORDINATES)
O.R.B. - OFFICIAL RECORD BOOK
EXHIBIT "An II
P.B. -
PLAT BOOK
P. B. C. R. -
PALM BEACH COUNTY RECORDS
P.B.C.S.S. -
PALM BEACH SURVEY SECTION
P.O.B. -
POINT OF BEGINNING
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PAGE
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CAUL.FIELD & WHEELER, INC.
CIVIL ENGINEERING - LAND SURVEYING
91, 7900 GLADES ROAD - SUITE 100
BOCA RATON, FLORIDA 33434
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DELRAY SQUARE it
RIGHT-OF-WAY RESERVATION RELEASE
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CAUL.FIELD & WHEELER, INC.
CIVIL ENGINEERING - LAND SURVEYING
91, 7900 GLADES ROAD - SUITE 100
BOCA RATON, FLORIDA 33434
&A—HONE (561)-392-1991 / FAX (561)-750-1452
DELRAY SQUARE it
RIGHT-OF-WAY RESERVATION RELEASE
SKETCH OF DESCRIPTION
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P.B. 82, PAGES 63-64
(P.B.C.R.)
TRACT 3
CAUL.FIELD & WHEELER, INC.
CIVIL ENGINEERING - LAND SURVEYING
91, 7900 GLADES ROAD - SUITE 100
BOCA RATON, FLORIDA 33434
&A—HONE (561)-392-1991 / FAX (561)-750-1452
DELRAY SQUARE it
RIGHT-OF-WAY RESERVATION RELEASE
SKETCH OF DESCRIPTION
A.C.H. #3
P.B. 69, PAGE 37
(P.B.C.R.)
SHEET 5 OF 5
DATE
07/19/17
DRAWN BY DLS
F. B. f 'K.
N/A
SCALE
AS SHOWN
JOB NO.
6900-RWR3