Res 17-07[ITS OF DELRA~ BEACH
DELRAY BEACH
~ CITY CLERK 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444.561J243-7000
~MAlllel'il~~
1 ~ IIIIIIIIIIII~I~Nih~llll~llllllll~l~l~ll
® CFN 2007016?062
1993 OR BK 21594 PG 18'37
RECORDED 04/06/2007 09:28:55
Palm Beach County, Florida
C E R T I F I C A T I O Nharon R. Bock, CLERK b COMPTROLLER
Pgs 1897 - 1901; t5pgs)
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. 17-07, as the same was passed and adopted by the Delray
Beach City Commission in regular session on the 5th day of March, 2007.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this 20th day of March,
2007.
~.
Chevelle D. Nubin, CMC
City Clerk
City of Delray Beach, Florida
(SEAL) ,
.._, :.
THE EFFORT /ALWAYS MATTERS
®Prlnted on Recycled Paper
RESOLUTION NO. 17-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELR.AY BEACH, FLORIDA, VACATING AND
ABANDONING THE NORTH/SOUTH ALLEY LYING
WITHIN BLOCK 76, LOCATED SOUTH OF NE 1sT STREET,
BETWEEN NE 1sT AVENUE AND PINEAPPLE GROVE WAY
AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT
..A..
WHEREAS, the City of Defray Beach, Florida, wishes to abandon the north/south alley
lying within Block 76, located south of NE 15t Street, between NE 15` Avenue and Pineapple Grove
Way and as more particularly described in Exhibit "A"; and
WHEREAS, the application for abandonment of said easement was processed pursuant to
Section 2.4.6(Ivi), "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(Ivi)(5), the application was forwarded to the
City Commission with the recommendation that the abandonment be approved, based upon
positive findings; and
WHEREAS, the Ciry Commission of the City of Defray Beach, Florida, pursuant to LDR
Section 2.4.6(Iv~(5), finds that there is not a need, nor will there be a need, for the use of the right-
of-way for any public purpose; that the abandonment does not, nor will not, prevent access to a lot
of record; that the abandonment will not result in a detriment to the provision of access and/or of
utility services to adjacent properties or the general area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing 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 all right and interest it holds, for right-of--way
purposes, to the following real property, more particularly described as follows:
See Exhibit "A"
PASSED AND ADOPTED in regular session on this J day of March, 2007.
ATTEST:
City Clerk
l
n~ x
2 RES. NO. 17-07
16' ALLEY ABANDONMENT
OLD SCHOOL SQUARE GARAGE AND PARK SITE PROJECT
A PORTION OF THE 16 FOOT ALLEY RIGHT OF WAY
LYING WITHIN BLOCK 76, MAP OF THE TOWN OF LINTON, PLAT BOOK 1, NORTH
AT PAGE 3, SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, sr~r=r~,
CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA J
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____.-.-~~.._, ~.._.._.- _.-.-.~.- .-.-.~ ~.-____..___~.-.-.-__.-. ...., L.-.-______.~_,.~.._
NORTH LINE OF BLOCK Ts, MAP OF
N.E. 'I ST. STREET ~~ THE TOWN OF LINTON, PLAT BOOK
°,~ ~R~_ a ~1,PAGE3
S 89'06'47" E
!- -, ~ NORTH LWE OF LOTS 1 ! i
i ~i ~--10' RIGHT OF WAY DEED i i
AND 7 BLOCK Ts
i I I DEED BOOK 594. PAGE 3s4 i j
i I ~ OATED OCTOBER 14TH 1936 i
1 ~ ! I LOT 1 LOT T ! t
! ' ~ `'' ! ~ 16' POINT OF ! i
o w i ~ BEGINNING !
i zd < L_~.__.._.-..~---.-_--__ ._ _.-.- GORNE~t OF i
is ,`Y, W °' ! ~ NoRn-IEAST~ - LOT 7 BLOCK 78 i
i ~ Y ! CORNER OF LOT 1 ~ i
o °o i I (PLAT BOOK 1 PAGE 3) i
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340 ~ ~ BLOCK 76 BLOCK 76
i m~ ; I TOWN OF LINTON TOWN OF LINTON i
I , PLAT BOOK ~, PAGE 3, N h PLAT BOOK 1, PAGE 3,
W ~ ~ ~ ! W i
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i ; ~^ - solrrH LINE of LOT 12, I - ~-----
~ N 89.06.4T W ! BLOCK 7s I I
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~ ! BLOCK 76 .
i ! LOT 13 ~ LOT 14 ~ LOT 15 ~ LOT 16 j LOT 17
i LOT 18
BLOCK 76
TOWN OF LINTON
PLAT BOOK 1, PAGE 3,
-HEET 1 OF 2 SHEETS FILE NO. 06-15396.106-SS1
310 S.E 1st Street, Suite 4
Heller -Weaver and Sheremeta, inc. {x;;243-87001e~
Engineers ... Surveyors and Mappers ~~s1~2a3-sm-~
_ Ls. wo. 0oo344s
16' ALLEY ABANDONMENT
OLD SCHOOL SQUARE GARAGE AND PARK SITE PROJECT
A PORTION OF THE 16 FOOT ALLEY RIGHT OF WAY
LYING WITHIN BLOCK 76, MAP OF THE TOWN OF LINTON, PLAT BOOK 1,
AT PAGE 3, SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
LEGAL DESCRIPTION:
A PORTION OF THE 16 FOOT ALLEY RIGHT OF WAY LYING WEST OF AND ADJACENT TO LOTS 7, 8, 9, 10, 11, AND.
12, AND LYING EAST OF AND ADJACENT TO LOTS 1, 2, 3, 4, 5 AND 6, LYING WITHIN BLOCK 76, MAP OF THE TOWN
OF LINTON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 3, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGIN AT THE NORTHWEST CORNER OF LOT 7, BLOCK 76, MAP OF THE TOWN OF LINTON, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 1, AT PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE S00°00'00"W ALONG THE WEST LINE OF SAID LOTS 7, 8, 9, 10, 11, AND 12 FOR A DISTANCE OF
422:28 FEET; THENCE N89°06'47"VVALONG-ALINE PARALLEL WITH AND 26.00 FEET NORTH OF AS MEASURED AT
RIGHT ANGLES TO THE WESTERLY EXTENSION OF-THE SOUTH LINE OF LOT 12 OF SAID BLOCK 76 FOR A
DISTANCE OF 16.00 FEET; THENCE N00°00'00" E ALONG THE EAST LINE OF LOTS 6, 5, 4, 3, 2, AND 1 OF SAID
BLOCK 76 FOR A DISTANCE OF 422.28 FEET; TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE S89°06'47"E
ALONG THE EASTERLY EXTENSION OF THE -NORTH LINE OF LOT 1, SAID BLOCK 76 FOR A DISTANCE OF 16.00
FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
CONTAINING 0.16 ACRE, MORE OR LESS.
NOTES:
1) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY ("THIS IS NOT A SURVEY").
2) THIS SKETCH IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL OF A FLORIDA
REGISTERED LAND SURVEYOR.
3) BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE LINE OF NE 1ST STREET, HAVING AN ASSUMED
BEARING OF SOUTH 89°06'47" EAST.
4) THE- RECORD PLAT OF THE "MAP THE TOWN OF LINTON" IS ALSO REFERRED TO AS THE "TOWN OF DELRAY"
AND "DELRAY BEACH" IN VARIOUS PROPERTY DEED TRANSFERS.
HEELER-WEAVER AI
FLORIDA STATE Lf~.
DANIEL C. LARK `-,
PROFESSIONAL
iHEET 2 OF 2 SHEETS
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FLORIDA STATE ~O "5118 ~-'`4 gib'
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DATED 03-15-06 '' ~ t' f . ~.; , ; ~ s ~` "'- ,
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WORK ORDER NO. 15396:1 UE;.' ;;'-<--'"-
FILE N0.06-15396.106-SS2
Heller -Weaver and Sheremeta, inc.
Engineers ... Surveyors and Mappers
LB. N0.0003449
310 S.E.1st Sheet, SuBe 4
Dewy eea~n, Fbrida 33483
~~s,~2a3-s~ao-tee
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RESOLUTION NO. 17-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING THE NORTH/SOUTH ALLEY LYING
WITHIN BLOCK 76, LOCATED SOUTH OF NE 1ST STREET,
BETWEEN NE 1ST AVENUE AND PINEAPPLE GROVE WAY
AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT
..A..
WHEREAS, the City of Defray Beach, Florida, wishes to abandon the north/south alley
lying within Block 76, located south of NE 15` Stteet, between NE 15` Avenue and Pineapple Grove
Way and as more particularly described in Exhibit "A"; and
WHEREAS, the application for abandonment of said easement was processed pursuant to
Section 2.4.6(1, "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(M)(5), 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 Defray Beach, Florida, pursuant to LDR
Section 2.4.6(1(5), finds that there is not a need, nor will there be a need, for the use of the right-
of-way for any public purpose; that the abandonment does not, nor will not, prevent access to a lot
of record; that the abandonment will not result in a detriment to the provision of access and/or of
utility services to adjacent properties or the general area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing 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 all right and interest it holds, for right-of--way
purposes, to the following real property, more particularly described as follows:
See Exhibit "A"
PASSED AND ADOPTED in regular session on this J day of March, 2007.
ATTEST:
City Clerk
t R
2 RES. NO. 17-07
16' ALLEY ABANDONMENT
OLD SCHOOL SQUARE GARAGE AND PARK SITE PROJECT
A PORTION OF THE 16 FOOT ALLEY RIGHT OF WAY
LYING WITHIN BLOCK 76, MAP OF THE TOWN OF LINTON, PLAT BOOK 1, NORTH
AT PAGE 3, SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ~f._~,
CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
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J NORTH UNE OF BLOCK T8, MAP OF
I N.E. 1 ST. STREET ~ ~ THE TOWN OF UNION, PLAT BOOK
1, PAGE 3
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i 10' RIGFff OF WAY DEED
DEED BOOK 594, PAGE 384
DATED OCTOBER 14TH 193
I LOT 1
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NORTHEAST)
CORNER OF LOT 1
LOT 2
BLOCK 76
)WN OF LINTON
PLAT BOOK 1, PAGE 3,
LOT 3
LOT 4
LOT 5
~ -1a LoT6
r 26.00'
~-NORTH UNE ~ LOTS 1
AND 7 BLOCK Ts -
i
i
LOT 7 !
16' POINT OF !
BEGINNING !
--•-~-•--N91~HIA1E8'F~iORNE~t OF
LOT 7 BLOCK 76
(PLAT BOOK 1 PAGE 3) i
i
Lor B ~_
I
BLOCK 76
TOWN OF LINTON
~ PLAT BOOK 1, PAGE 3, !
LOT 9
LOT 70
LoT ~~
Lor ~z
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i L_JJ. ..J L_ _~._..w~-~
~ ~__.._.___._.__~__._ ALLEY _ _~
'..~_ .._._.T.._..-----X6.00' --~- ~-T_._..__.._..T.._..___T
SOUTH LINE OF LOT 12,
~ N 89.06'4T' W ! BLOCK 76
i ~ ~ i I i ! I
i SOUTH UNE OF L9T B, j i i
! BLOCK 78 ~ j i i
i ! LOT 13 ~ LOT 14 ~ LOT 15 ~ LOT 16 j LOT 17 ~ LOT 18
' BLOCK 76
TOWN OF LINTON
PLAT BOOK ~, PAGE 3,
>HEET 1 OF 2 SHEETS
50'
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FILE NO. 06-15396.106-SS1
310 SE 1st Street, Sui6e 4
Heller -Weaver and Sheremeta inc. ~ °~"~'~H0"~ 334e3
f {561) 243$700 - Ptpr>e
Engineers ... Surveyors and Mappers L8 ~ 0003449 (561)243$777-Fax
16' ALLEY ABANDONMENT
OLD SCHOOL SQUARE GARAGE AND PARK SITE PROJECT
A PORTION OF THE 16 FOOT ALLEY RIGHT OF WAY
LYING WITHIN BLOCK 76, MAP OF THE TOWN OF LINTON, PLAT BOOK 1,
AT PAGE 3, SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
LEGAL DESCRIPTION:
A PORTION OF THE 16 FOOT ALLEY RIGHT OF WAY LYING WEST OF AND ADJACENT TO LOTS 7, 8, 9, 10, 11, ANO
12, AND LYING EAST OF AND ADJACENT TO LOTS 1, 2, 3, 4, 5 AND 6, LYING WITHIN BLOCK 76, MAP OF THE TOWN
OF LINTON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 3, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGIN AT THE NORTHWEST CORNER OF LOT 7, BLOCK 76, MAP OF THE TOWN OF LINTON, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 1, AT PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE S00°00'00"W ALONG THE WEST LINE OF SAID LOTS 7, 8, 9, 10, 11, AND 12 FOR A DISTANCE OF
422.28 FEET; THENCE N89°06'47"W ALONG A LINE PARALLEL WITH AND 26.00 FEET NORTH OF AS MEASURED AT
RIGHT ANGLES TO THE WESTERLY EXTENSION OF THE SOUTH LINE OF LOT 12 OF SAID BLOCK 76 FOR A
DISTANCE OF 16.00 FEET; THENCE N00°00'00" E ALONG THE EAST LINE OF LOTS 6, 5, 4, 3, 2, AND 1 OF SAID
BLOCK 76 FOR A DISTANCE OF 422.28 FEET; TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE S89°06'4T'E
ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 1, SAID BLOCK 76 FOR A DISTANCE OF 16.00
FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
CONTAINING 0.16 ACRE, MORE OR LESS.
NOTES:
1) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY ("THIS IS NOT A SURVEY")
2) THIS SKETCH IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL OF A FLORIDA
REGISTERED LAND SURVEYOR.
3) BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE LINE OF NE 1ST STREET, HAVING AN ASSUMED
BEARING OF SOUTH 89°06'47" EAST.
4) THE RECORD PLAT OF THE "MAP THE TOWN OF LINTON" IS ALSO REFERRED TO AS THE "TOWN OF DELRAY"
AND "DELRAY BEACH" IN VARIOUS PROPERTY DEED TRANSFERS.
SHEET 2 OF 2 SHEETS
HEELER-WEAVER AN m ,i C.
FLORIDA STATE LB. ~,,~
DANIEL C. LARK ~ i. c i` ~ ~ t;:
PROFESSIONAL ~ ' D~IAf'~R
FLORIDA STATE ~ '1`IC'1. ~ 118 ~`d '>'
> ~ r
DATED 03-15-06 ' ~ ~' Y.~90t~~ ,~'~ {
WORK ORDER NO. 15396:106.':-~..~-~'"
FILE N0.06-15396.106-SS2
Heller -Weaver and Sheremeta, inc.
Engineers ... Surveyors and Mappers
LB. N0.0003449
310 S.E.1st Sheet, Sine 4
Dewy Bich, 33483
~~st) Za3-8~ao - PI,«~e
~~s1~za3-em-Fax
D
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER,Q~~ ~
THRU: PAUL DORLING, AICP, DIRECTOR/OF PLANNI ND ZONING
FROM: SCOTT R. ZUBEK, SENIOR PLANNE~
SUBJECT: MEETING OF MARCH 5, 2007 *** CONSENT AGENDA ***
ABANDONMENT OF A 16' X 422.28' PORTION OF RIGHT-OF-WAY OF AN
EXISTING NORTH-SOUTH ALLEYWAY LYING WITHIN BLOCK 76 OF THE
PLAT OF THE TOWN OF LINTON, LOCATED NORTH OF EAST ATLANTIC
AVENUE, BETWEEN NE 1ST AVENUE AND NE 2ND AVENUE.
BACKGROUND
The request involves the proposed abandonment of a portion of an existing north-south alley
right-of-way within Block 76 of the plat of the Town of Linton (Plat Book 1, Page 3). The
abandonment is associated with the construction of the Old School Square Parking Garage and
a City park. The subject alleyway is located north of East Atlantic Avenue, south of NE 1St
Street, between NE 1St Avenue and NE 2"d Avenue (Pineapple Grove Way).
The portion of alleyway proposed for abandonment is a 16' x 422.28' rectangular shaped right-
of-way containing approximately 6,757 square-feet (0.16 acres). The subject alleyway
previously extended to an east/west alley that ran the width of Block 76. The southern 26'
portion of the alleyway has already been abandoned in conjunction with the DHBH #1
subdivision plat via resolution #47-06. The City Manager, acting on behalf of the City of Delray
Beach, has submitted this abandonment request. The abandonment area is to be aggregated
with the remainder of the City's holdings and incorporated into two projects; the first,the Old
School Square Parking Garage currently under construction and second, a City Park currently
being designed. Additional background and a complete analysis of the request are found in the
attached Planning and Zoning Board report.
PLANNING AND ZONING BOARD CONSIDERATION
At its meeting of February 26, 2007 the Planning and Zoning Board considered the request at a
public hearing. The Board voted 7-0 to recommend to the City Commission approval of the
abandonment of a 16' x 422.28' portion of an existing north-south alleyway lying within Block 76
based upon positive findings with respect to LDR Section 2.4.6(M)(5).
L RECOMMENDED ACTION
By motion, recommend to the City Commission approval of the abandonment of a 16' x 422.28'
portion of an improved north-south alley right-of-way within Block 76 of the plat of the Town of
Linton (Plat Book 1, Page 3), 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:
• Planning & Zoning Staff Report of February 26, 2007
^ Resolution #17-07
g~
RESOLUTION NO. 17-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING THE NORTH/SOUTH ALLEY LYING WITHIN
BLOCK 76, LOCATED SOUTH OF NE 1sT STREET, BETWEEN
NE 1sT AVENUE AND PINEAPPLE GROVE WAY AND AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida, wishes to abandon the north/south
alley lying within Block 76, located south of NE 1S` Street, between NE 1S` Avenue and Pineapple
Grove Way and as more particularly described in Exhibit "A"; and
WHEREAS, the application for abandonment of said easement 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(M)(5), 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 2.4.6(M)(5), finds that there is not a need, nor will there be a need, for the use of
the right-of-way for any public purpose; that the abandonment does not, nor will not, prevent
access to a lot of record; that the abandonment will not result in a detriment to the provision of
access and/or of utility services to adjacent properties or the general area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing 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 all right and interest it holds, for right-of-way
purposes, to the following real property, more particularly described as follows:
See Exhibit "A"
PASSED AND ADOPTED in regular session on this the day of 2007.
ATTEST:
MAYOR
City Clerk
16' ALLEY ABANDONMENT
OLD SCHOOL SQUARE GARAGE AND PARK SITE PROJECT
A PORTION OF THE 16 FOOT ALLEY RIGHT OF WAY
LYING WITHIN BLOCK 76, MAP OF THE TOWN OF LINTON, PLAT BOOK 1, NORTH
AT PAGE 3, SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ~~._~,
CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
i ~ t~?C h i bit ~~ n
~~
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~~
L.._.._.._-_.._.._.._.._.._.._.._.._.._.._..J L.._.._.._.._.._.._.._.._.._.._.._.._...-.._..J L.._.._.._.._.._.._.._.._.._..-
I N.E. 'I ST. STREET I NORTH LINE OF BLOCK 78, NU1P OF
THE TOWN OF LINTON, PLAT BOOK
,~ 'R ,~,~, ~ ~ 1, PAGE 3
8 89'06'47" E
i- ~ _ ~- i
NORTH LINE OF LOTS 1
j ~i ~--10' RIGHT OF WAY DEEO
AND 7 BLOCK T8
j ! I DEED BOOK 594, PAGE 384 i
i j ~ DATED OCTOBER 14TH 1936 i
j ~ ! I LOT 1 LOT 7
.- i
'
16~ POINT OF
° ~ o ! f BEGINNING
'
.._. _. _..
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F~iORNE~t OF
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NORTHEAST
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~ LOT 7 BLOCK 76 i
CORNER OF LOT 1
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BLOCK 76
BLOCK 76
,
TOWN OF LINTON
i TOWN OF LINTON
I
I
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i i ~ N N !
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Z LOT 9
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ALLEY
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f 16.00• SOUTH LINE OF LOT 12,
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SOUTH LINE OF LOT 8, j ! i
BLOCK 78 i i ! i
LOT 13 ~ LOT 14 I LOT 15 i LOT 16 j LOT 17 I LOT 18
BLOCK 76
TOWN OF LINTON
PLAT BOOK 1, PAGE 3,
SHEET 1 OF 2 SHEETS
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FILE NO. 06-15396.106-SS1 ~
310 S.E 1st Sheet, Suite 4
Heller -Weaver and Sheremeta inc. ~ ~~y~'~'~F'011da
~ (561) 2438700 -Phone
Engineers ... Surveyors and Mappers ~ No ooo3a4s (5s1f243-fim-Fa><
16' ALLEY ABANDONMENT
OLD SCHOOL SQUARE GARAGE AND PARK SITE PROJECT
A PORTION OF THE 16 FOOT ALLEY RIGHT OF WAY
LYING WITHIN BLOCK 76, MAP OF THE TOWN OF LINTON, PLAT BOOK 1,
AT PAGE 3, SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
LEGAL DESCRIPTION:
A PORTION OF THE 16 FOOT ALLEY RIGHT OF WAY LYING WEST OF AND ADJACENT TO LOTS 7, 8, 9, 10, 11, AND
12, AND LYING EAST OF AND ADJACENT TO LOTS 1, 2, 3, 4, 5 AND 6, LYING WITHIN BLOCK 76, MAP OF THE TOWN
OF LINTON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 3, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGIN AT THE NORTHWEST CORNER OF LOT 7, BLOCK 76, MAP OF THE TOWN OF LINTON, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 1, AT PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE S00°00'00"W ALONG THE WEST LINE OF SAID LOTS 7, 8, 9, 10, 11, AND 12 FOR A DISTANCE OF
422.28 FEET; THENCE N89°06'47"W ALONG A LINE PARALLEL WITH AND 26.00 FEET NORTH OF AS MEASURED AT
RIGHT ANGLES TO THE WESTERLY EXTENSION OF THE SOUTH LINE OF LOT 12 OF SAID BLOCK 76 FOR A
DISTANCE OF 16.00 FEET; THENCE N00°00'00" E ALONG THE EAST LINE OF LOTS 6, 5, 4, 3, 2, AND 1 OF SAID
BLOCK 76 FOR A DISTANCE OF 422.28 FEET; TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE S89°06'47"E
ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 1, SAID BLOCK 76 FOR A DISTANCE OF 16.00
FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
CONTAINING 0.16 ACRE, MORE OR LESS.
NOTES:
1) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY ("THIS IS NOT A SURVEY").
2) THIS SKETCH IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL OF A FLORIDA
REGISTERED LAND SURVEYOR.
3) BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE LINE OF NE 1ST STREET, HAVING AN ASSUMED
BEARING OF SOUTH 89°06'47" EAST.
4) THE RECORD PLAT OF THE "MAP THE TOWN OF LINTON" IS ALSO REFERRED TO AS THE "TOWN OF DELRAY"
AND "DELRAY BEACH" IN VARIOUS PROPERTY DEED TRANSFERS.
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HEELER-WEAVER ANp e ~ ~.J C.
FLORIDA STATE L~~ ~~ L ~,~ ~..~
DANIEL C. LAAK ~ ~~~~ _ ~' -~ ~ t
PROFESSIONAL $ l~ DI~fiAP,PJ=R
FLORIDA STATE 'r;'~Id. _ 118 , ~~
DATED 03-15-06 ., ; ,,,~~
WORK ORDER NO. 15396.106 .. - -
SHEET 2 OF 2 SHEETS
FILE NO. 06-15396.106-SS2
Heller -Weaver and Sheremeta, inc.
Engineers ... Surveyors and Mappers
310 S.E.1st Street, Bailee 4
Dehay Beach, Fbrida 33483
(5s1) z43$7o0 - Pnone
LB. N0.0003449 (581)243-8777-Fax
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE: February 26, 2007
AGENDA ITEM: Iv. E.
ITEM: Abandonment of the remainder of the north/south alleyway lying in Block 76, Town
of Delray (a.k.a. Town of Linton) Plat, in conjunction with the construction of the Old
School Square Parking Garage.
GENERAL DATA:
Owner/Applicant .........................
Agent ..........................................
Location ......................................
Property Size ..............................
Future Land Use Map ................
Current Zoning ............................
Adjacent Zoning ................North:
East:
South:
West:
Existing Land Use .....................
Proposed Land Use ....................
Water Service ............................
Sewer Service ............................
City of Delray Beach
Mr. David T. Harden, City
Manager
16' x 422.28' rectangular
portion of north/south
alleyway located within Block
76, Town of Delray Plat,
located south of Northeast 15Y
Street, between Northeast 1 S`
Avenue and Northeast 2nd
Avenue (Pineapple Grove
Way).
0.16 Acres
CC (Commercial -Core)
CBD (Central Business
District)
CBD (Central Business
District)
CBD (Central Business
District)
CBD (Central Business
District)
CBD (Central Business
District)
Improved alleyway is part of a
surface parking lot which will
be redeveloped.
Abandonment of the
remainder of the northlsouth
alleyway for construction of
the Old School Square
Parking Garage and City
Park.
No services located in the
abandonment area.
NW. 3R0 ST. N.E. 3R0 ST.
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SCHOOL
SQUARE
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` "" `AGEN A ITEM
The item before the Board is that of making a recommendation to the City Commission
on the proposed abandonment of the remainder of the north-south alley lying within
Block 76 of the Town of Delray (a.k.a. Town of Linton) Plat. The subject parcel is located
south of Northeast 1St Street, between Northeast 1St Avenue and Northeast 2"d Avenue
(Pineapple Grove Way).
This right-of-way (alleyway) abandonment is being processed pursuant to LDR Section
2.4.6(M), Abandonment of Rights-of-Way.
BACKGROUND
At its scheduled meeting of December 21, 2005 the Historic Preservation Board
approved a Class V Site Plan, Landscape Plan and Architectural Elevations associated
with the construction of a mixed-use, five-level, parking garage containing 523 spaces
plus an open space area to the south to be utilized for a City Park. As a condition of
approval, it was noted that the 16' platted, north/south alleyway of Block 76, Town of
Delray Plat (Plat Book #1, Page #3) should be abandoned, as it would no longer serve
as a public right-of-way.
On July 11, 2006 via Resolution #47-06 (In conjunction with the DHBH #1 plat), the City
Commission abandoned the southernmost 16' x 26' portion of the above mentioned
north-south alleyway that traversed the center of Block 76. As a result of this
plat/abandonment, the south 26' of Lots 6 and 12, along with the above mentioned
portion of the alleyway, all in Block 76, are to be utilized for an off-site parking area for
Tramonti's Restaurant and the Cabana EI Ray Restaurant located to the south. The
east-west alleyway that traverses the width of Block 76 and connects Northeast 1St
Avenue to Northeast 2"d Avenue (Pineapple Grove Way) will remain public right-of-way.
Also, this east-west alleyway will be widened from a 16' right-of-way to a 20' right-of-way
via a 4' x 276.18' dedication in accordance with the DHBH #1 Plat to accommodate
access to the new off site parking spaces.
This abandonment of a 16' x 422.28' portion of the north/south, platted alleyway of Block
76 is to accommodate the building of the Old School Square Parking Garage and a City
Park is now before the Board for action.
-~~ ~ ABANDONMENT DESCRIPTION '~`
The 16' x 422.28' rectangular-shaped parcel contains approximately 6,757 sq-ft. (0.16
acres). The subject parcel was created via Plat Book #1, Page #3 and previously
extended to an east/west alley that ran the width of Block 76. As mentioned above, the
southern 26' portion of the alleyway has already been abandoned in conjunction with the
DHBH #1 subdivision plat.
The City of Delray Beach and the Delray Beach Community Redevelopment Agency
(CRA) are the owners of Lots 1 - 12, Town of Delray Plat. The City Manager, acting on
behalf of the City of Delray Beach, has submitted the abandonment request. The
abandonment area is to be aggregated with the remainder of the holdings and
incorporated into a proposed project which will add the Old School Square Parking
Garage and a City Park to the site.
Planning and Zoning Board Staff Report, Meeting of February 26, 2007:
Alleyway Abandonment, Block 76, Town of Linton Plat
Page 2
. _~ ; ~: >,.,, ~ , ::...,.....:.....,ABANDON ENT ANALYSIS ' `, ,. .. : ~.: ,,.
Pursuant to LDR Section 2.4.6(M)(1), public right-of-way may be abandoned (returned)
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.
Accordingly, the Owner/Applicant is entitled to the entire abandonment area.
Currently the subject portion of the alleyway and the surrounding parcels (Lots 1 - 12) is
the site upon which the Old School Square Parking Garage is being constructed. The
garage and future City Park extend the width of the block and thus across the portion of
the alleyway to be abandoned.
Utility Services
With the ongoing building of the Old School Square Parking Garage, Environmental
Services Department has identified no water & sewer lines located within the subject
area. Environmental Services has no objection to the abandonment.
Florida Power & Light has reviewed the requested abandonment, and has no objections.
However, in a letter received February 15, 2007 FP&L indicated that overhead and
underground utilities remain in the southern portion of the abandonment area.
Adelphia (Comcast) Cable, Bell South, and Florida Public Utilities have all been notified
of the requested abandonment and have filed no objections with the City at the time this
report was written.
The City's Fire Department has reviewed the request and has no objection to the
abandonment.
~,~~,.,z ~ ~ ~r ~~ REQIIIREb Ih1DINGSA~ ~ '~; ' -,<K~.
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 City will utilize this section of the alleyway for the public purpose of a parking
garage and City Park. However, to accomplish this there is no need to retain it as a
rig ht-of-way.
B) That the abandonment does not, nor will not, prevent access to a lot of record;
nor will this abandonment result in detriment to the provision of access andlor
utility services to adjacent properties or the general area.
The east-west alley that bisects Block 76 is to remain, and no reduction in access
will be experienced. Utilities are not located within the subject area.
Planning and Zoning Board Staff Report, Meeting of February 26, 2007:
Alleyway Abandonment, Block 76, Town of Linton Plat
Page 3
~.~ , ., iE~ E , ~, :., ,.,;.-REVIEW BY OTHERS~® ~ ~:;-.,.~ U-..<,.
The development proposal is within the geographical area requiring review by the CRA
(Community Redevelopment Agency). The CRA considered the proposed abandonment
at its February 22, 2007 meeting, and recommended approval.
The development proposal is within the geographical area requiring review by the DDA
(Downtown Development Authority). The DDA considered the proposed abandonment
at its February 12, 2007 meeting, and recommended approval.
The development proposal is within the geographical area requiring review by the HPB
(Historic Preservation Board). The HPB considered the proposed abandonment at its
December 21, 2005 meeting in conjunction with the Class V Site Plan Review.
Subsequently, the Class V Site Plan was approved.
Courtesv Notices:
Courtesy notices have been provided to the following:
^ Progressive Residents of Delray (P. R.O.D.)
^ President's Council
^ Delray Beach Chamber of Commerce
^ Neighborhood Advisory Council
^ Old School Square Historic District
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.
~~ ~ ~ `i'`"ASSESSMENT "''
The subject area is the remainder of the northern portion of the existing alley and will be
replaced for parking and public park purposes. No lots in proximity to this north/south
alleyway will be affected by this action. The proposed abandonment will facilitate the
construction of the Old School Square Parking Garage and associated open space. This
will have a positive effect on the surrounding area, as the ongoing construction and
completion of the parking garage will alleviate the lack of downtown parking and provide
needed open space.
` ~' '~ ; ALTER~NioTIV `~-ACT~tONS~ ~'~"`.`" " "`:.' ` ..'F~
1. Continue with direction.
2. Recommend to the City Commission approval of the abandonment subject to
positive findings with respect to LDR Section 2.4.6(M)(5).
3. 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(M)(5).
Planning and Zoning Board Staff Report, Meeting of February 26, 2007:
Alleyway Abandonment, Block 76, Town of Linton Plat
Page 4
,. .~, . ,~: x. ,., :. , ..,.,:'RECOMMENDED ACTION '`~`' . ,
__
By motion, recommend to the City Commission approval of the abandonment of the
portion of the north-southwest alley within Block 76, Town of Delray Plat, based upon
positive findings with respect to LDR Section 2.4.6(M)(5).
Attachments:
• Location Map
~ Reduced Survey