Res 05-99RESOLUTION NO. 5-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
FIFTEEN FOOT WIDE EAST/WEST ALLEY RIGHT-OF-WAY
WITHIN BLOCK ONE, KENMONT SUBDIVISION, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGE
65 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, LOCATED BETWEEN BOND WAY AND DENERY LANE,
AS MORE PARTICULARLY DESCRIBED HEREIN, BUT
RESERVING AND RETAINING TO THE CITY A UTILITY
EASEMENT FOR EXISTING PUBLIC AND PRIVATE UTILITIES
OVER THE NORTH TEN FEET (10') THEREOF AS SET FORTH
AT EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF.
WHEREAS, an application for abandonment of a fifteen foot
(15') wide east/west alley right-of-way lying within Block One,
Kenmont Subdivision, generally located between Bond Way and Denery
Lane, as more particularly described herein, was received by the City
of Delray Beach; and
WHEREAS, the application for abandonment of a portion of
said alley right-of-way was processed pursuant to Section 2.4.6(0),
"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(0) (3) (d), the
Planning and Zoning Board, as Local Planning Agency, formally
reviewed this matter at a public hearing on November 16, 1998, and
voted 6 to 1 to recommend approval of the abandonment, based upon
positive findings pursuant to LDR Section 2.4.6(0) (5) and subject to
conditions; 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(O) (5), but does not abandon and retains and reserves unto
itself a utility easement over the north ten feet (10') thereof 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. That pursuant to Chapter 177.101(5) and Chapter
166 of the Florida Statutes, it is hereby determined to vacate and
abandon all right and interest it holds to the following real
property for roadway purposes only, but does not abandon and retains
and reserves unto itself a utility easement over the north ten feet
(10') thereof as set forth at Exhibit "A" attached hereto and made a
part hereof, 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:
That portion of those certain alleyways lying
adjacent to Lots 22 through 24, inclusive, and Lots
27 & 28, Block One of "KENMONT., as recorded in
Plat Book 20 at Page 65 of the Public Records of
Palm Beach County, Florida, being more particularly
described as follows:
BEGINNING at the Northwest corner of said Lot 22;
thence with a bearing of due North along the
northerly extension of the westerly boundary of
said Lot 22 for a distance of 15.00 feet to a
point; thence with a bearing of due East for a
distance of 204.12 feet to the Northwest corner of
said Lot 27; thence with a bearing of due South
along the West line of said Lot 27, for a distance
of 15.00 feet to a point; thence with a bearing of
due West for a distance of 15.00 feet to the
Northeast corner of said Lot 24; thence continue
with a bearing of due West along the North line of
said Lots 22 through 24, inclusive, for a distance
of 189.12 feet, more or less, to the POINT OF
BEGINNING.
Containing 0.065 acre, more or less.
PASSED AND ADOPTED in regular session on this
of January, 1999.
ATTEST:
~ City ~erk /
the 19th day
- 2 - Res. No. 5-99
DENERY ""\qVp' LANE
906 DENERY LN, 910 DE?ERY LN.
LOT 9 LOT 8 LOT 7 .iLOT 6 LOT 28
LOT 19 ~ ~ ,~ LOT 27
LOT 20
LOT 21
~( LOT 25
BOND WAY ' /
/
- ABANDONMENT -
(15 ~. EAST/WEST ALLEY, BLOCK 1 KENMONT SUBDIVISION)
" '" 'JOHN A. GRANT, JR., INC. oR. ~e~6 p, ~
LICENSED ~U~II~S~ NO. I.B-50 F~ : 395-331
SKETCH OF DESCR I PT ION
AT TEN FOOT (10') UTILITY EASEMENT LOCATED IN
HE SUBDIVISION OF KENMONT, CITY OF DELRAY BCH.
PALM BEACH COUNTY, FLORIDA
Exhibit "A" to Resolution No. 5-99 '. .
~EGAL DESCRIPTIO_N,: .
iHE NORTH TEN FEET ( I0 ) OF THE FOLLOWING DESCRIBED PROPERTY,
NG 2041.2 SQUARE FEET (0. 047 acres ), MORE OR LESS.
NORTH IO. O0--?
THIS IS NOT A SURVEY,
Orown By., ~& Oat,., /z//~/~
Scale_ ~ ~. ~ ~ /~-
~',t, / of / ~ / ~RICK M. L~MAN
STATE ~ ~IDA
ORB '1 l~}9{:m6 Pg
~ORO~Y #. WI{KEN, ~LE'RI~ P~ COUHTY~
[lTV I)F I)EI. RI1¥ BEI:IgH
DELRAY BEACH
AJl-AmeicaCity
1993
CITY CLERK
lOO N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
CERTIFICATION
I, ALISON MacGREGOR HARTY, City Clerk of the City of
Delray Beach, Florida, do hereby certify that the attached
document is a true and correct copy of Resolution No. 5-99, as
the same was passed and adopted by the Delray Beach City
Commission in regular session on the 19th day of January, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
8th day of February, 1999.
lson M~cGregof ~a~f~ !
City Clerk
City of Delray Beach, Florida
THE EFFORT ALWAYS MATTERS
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HA~Aj~AGER
DIANE DOMIN~--UEZ, b~I~EC~O/T~_ O~LANNING AND ZONING
MEETING OF JANUARY t9, t999 REGULAR AGENDA*
ABANDONMENT OF A 15 FT EAST/WEST ALLEYWAY WITHIN BLOCK J,
KENMONT SUBDIVISION, LYING BETWEEN DENERY LANE AND BOND WAY,
APPROXIMATELY 140 FT WEST OF PALM TRAIL AND ACCEPTANCE OF A
REPLACEMENT EASEMENT
The request involves abandoning an east-west alley lying north of Lots 22thru 24 and Lot 27, Block
1 Kenmont Subdivision, and the dedication of a replacement easement to cover existing utilities.
The subject alley is located between Denery Lane and Bond Way, approximately 140' west of Palm
Trail.
The right-of-way is unpaved, however it contains utility services for Bell South, Adelphia Cable
and Florida Power and Light. The request was made by the owners of Lots 22 through 24 located
on the south side of the alley in order to incorporate the vacated area into their lots. Abandonment
of the alley will not prevent access to any lots of record. However, the alley is currently used as an
occasional secondary means of access for two residences located on its north side. While primary
access is via Denery Lane, a detached double-door garage structure was constructed at 910
Denery Lane. This allows the garage to be accessed via a paved driveway from Denery Lane as
well as from the unpaved alley. At the west end of the alley, a 15.5' x 17' asphaltdrive was
constructed to the rear of the property located at 906 Denery Lane. A paved north/south alley
connecting to Bond Way dead-ends into this asphalt drive therefore access will remain available,
although it would be diminished by 2' because of a slight offset between the north/south alley and
the driveway.
At its meeting of November 16, 1998, the Planning and Zoning Board considered the request at a
public hearing. At the meeting Zaba Koskie, owner of 910 Denery Lane spoke in opposition and
indicated that the abandonment will cause an inconvenience as she occasionally uses the
alleyway to drop things off in the rear of her property. On a 6 to 1 vote (Bird dissenting), the Board
recommended approval, subject to the dedication of a replacement easement to cover the existing
utilities.
By motion, approve the abandonment of the alleyway and accept a replacement easement to cover
the existing utilities based upon positive findings with respect to LDR Section 2.4.6(0)(5).
Attachment: Resolution No. 5-99
P&Z Staff Report of November 16, 1998
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
November 16, 1998
VI.B.
Abandonment of a 15 ft. East/West Alleyway within Block 1, Kenmont
Subdivision, Lying Between Denery Lane and Bond Way,
Approximately 140 ft. West of Palm Trail.
KOK~O
GENERAL DATA:
Applicant ......................... Dorothy Wilken and James
Hamill
Location .......................... Between Denery Lane and
Bond Way, approximately 140
ft. west of Palm Trail
Property Size .................. 0.065 acre
Future Land Use Map ..... Medium Density Residential
(5-12 units/acre)
Current Zoning ................ RL (Low Density Residential)
Adjacent Zoning....North: RL
East: RL
South: RL
West: RL
Existing Land Use ........... Unimproved 15 ft. alley
Proposed Land Use ........ Abandonment of the alleyway
to be incorporated into lots 22,
23, 24 & 27 of Block 1,
Kenmont Subdivision.
Water Service ................. n/a
Sewer Service ................. n/a
LAKE A'V~'NUE N
LAKE
WAY
TRACT
S~ ~NCENT'$
CHURCH
VI.B.
The item before the Board is that of making a recommendation to the City
Commission on the proposed abandonment of an east-west alley lying north of
Lots 22 thru 24, Block 1 Kenmont Subdivision The sUbihect alley is located
approximately 155 feet north of Bond Way, between N.E. 9 Avenue and Palm
Trail.
This right-of-way abandonment is being processed pursuant to LDR Section
2.4.6(0), Abandonment of Rights-of-Way.
With the recordation of the Kenmont plat in December 1945, alleyways were
dedicated to the north, east and west of Lots 22 thru 24, Block 1, Kenmont. The
platted alleyway located on the east side of Lot 24 was abandoned. The
alleyway on the west side of Lot 22, is paved and currently provides access to
Lot 22 as well as several lots on the west side of the alley. The request for
abandonment does not include the paved alleyway (refer to attached location
map exhibit).
The alleyway lying north of Lots 22 thru 24 which is requested for abandonment
is unpaved. Overhead utility lines and a perimeter fence for the 1202 Condo
(Lot 27) have been erected within the alleyway.
The area proposed for abandonment is a 15' wide alley consisting of 3,061
square feet (15' x 204') running along the north side of Lots 22 through 24 and
Lot 27, Block 1, Kenmont Subdivision. The request was made by the owners of
Lots 22 through 24 in order to incorporate the vacated area into their abutting
properties/lots.
The abandonment area is 15 feet wide. Pursuant to LDR Section 2.4.6(O)(1),
public right-of-way shall be returned to the parcels from which it was originally
dedicated. The right-of-way was dedicated exclusively from the Kenmont
Subdivision plat thus, the entire 15' of right-of-way will revert to the abutting
Lots 22 through 24 and Lot 27 within the Kenmont Subdivision.
The owners of Lot 22 through 24 has provided the following reason for the
abandonment request:
"To incorporate into the adjacent Lots 22, 23 and 24 for extended
backyard use, planting and gardens"
Planning and Zoning Board Staff Report
Abandonment of Alleyway within Block 1, Kenmont Subdivision
Page 2
Improvements in the Alley
Along the eastern end of the alley a perimeter fence encroaches 0.35 feet into
the alley. The fence is a part of the rear lot buffer treatment for the 1202 Condo,
located on Lot 27. Upon abandonment based on its location the fence will not
encroach outside the new property line for Lot 27.
Utility Services
No water or sewer facilities are located within the alleyway. The Environmental
Services Department and Fire Department have reviewed the request and have
no objection.
An existing overhead utility line running east to west contains Bell South,
Adelphia Cable, and Florida Power and Light services. The overhead utility lines
straddle the north right-of-way line of the platted alleyway and a portion of the
utility lines is located within the rear yard of the lots located on the side north of
the alley (outside of the platted alley right-of-way). A five (5) foot utility
easement dedicated by the Plat of Denery Lane exists along the rear lot lines of
those lots, thus the utility line encroachment is covered by an existing easement.
The utility companies (FPL, Bell South and Adelphia Cable) have reviewed the
abandonment request and have supported the abandonment provided an
easement is granted to cover the existing facilities. Dedication of a replacement
easement will be required as a condition of approval.
The Florida Public Utilities has reviewed the request and has no objection as
there are no gas lines within this alleyway.
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, FPL, Bell South and Adelphia services are located within the alley.
Continuation of the utility services will be maintained with the dedication of
replacement easement which is attached as a condition of approval.
While the alleyway is unimproved it is being used as a secondary means of
access for the residences located on the north side of the alleyway (i.e. Lots
6 and 7 (910 Denery Lane) and Lot 8 (906 Denery Lane).~ A detached
double-door garage structure was permitted in June 24, 1997, at 910 Denery
Lane. The garage is accessed via a paved driveway from Denery Lane as
well as from the alley. The access from the alleyway to the garage is not
Planning and Zoning Board Staff Report
Abandonment of Alleyway within Block 1, Kenmont Subdivision
Page 3
B)
C)
improved. If the alley is abandoned the secondary means of access to the
garage structure will be eliminated, however access (i.e via Denery Lane) will
be maintained to the residence and to the garage.
The residence at 906 Denery Lane (Lot 8) has a 15.5' x 17' asphalt drive on
the north side of the alleyway. Access to this paved area is through the
paved north/south alley via Bond Way. The asphalt drive is offset by
approximately 2' from the north/south alley. If the abandonment is approved,
access would be diminished by 2' (i.e. the offset area). If the abandonment
is approved it should be with the condition that the abandonment not include
the 2' offset.
That the abandonment does not, nor will not prevent access to a lot of
record.
The alley is unimproved and is not used as a primary means of access. All
abutting lots will continue to have frontage on and access to either Bond Way,
Palm Trail or Denery Lane. The abandonment of the alley will result in a loss
of secondary access to the rear of the recently constructed garage structure.
However, an alternative means of access to the residence and garage
structure exists. There will be negligible impact to the asphalt drive on Lot 8
(906 Denery Lane).
That the abandonment will not result in detriment to the provision of
access and/or utility services to adjacent properties or the general area.
The east/west overhead utility lines located within the abandonment area
will be accommodated in an easement. As stated above the abandonment
will not result in a detriment to the provision of access to the abutting
properties.
The development proposal is not within a geographical area requiring review by
the CRA (Community Redevelopment Agency), DDA (Downtown Development
Authority) and HPB (Historic Preservation Board).
Courtesy Notices:
Courtesy notices have been provided to the following homeowner's
associations:
North Palm Trail Association
La Hacienda Association
Planning and Zoning Board Staff Report
Abandonment of Alleyway within Block 1, Kenmont Subdivision
Page 4 -~
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of
the subject property. Attached are letters of objection from the abutting property
owners (north side of the alley to be abandoned). Additional letters of objection or
support, if any will be provided at the Planning and Zoning Board meeting.
As the alleyway is unimproved and there are no plans for its improvement, its
intended use is limited. The purpose of the abandonment is to incorporate the
vacated area within the abutting lots located on the south side of the alleyway.
Replacement easements will be required to cover existing Bell South, FPL and
Cable 'IV services. As stated above the abandonment of the alley will result in
a loss of access to the rear of the recently constructed garage structure.
However, an alternative means of access to the residence and garage structure
exists. Secondary means of access will still be maintained to the asphalt drive
on Lot 8 (906 Denery Lane).
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(0)(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(0)(5).
By motion, recommend to the City Commission approval of the abandonment of
the east/west alley within Block 1, Kenmont, based upon positive findings with
respect to LDR Section 2.4.6(0)(5), with the condition that a replacement
easement be provided over the north 10' of the alley to cover the existing
overhead utility lines.
Attachments:
· Reduced survey
· Location map exhibit
· Letters of petition
September 17, 1998
City of Delray Beach Planning and Zoning Department
100 N.W. 1st Avenue
Delray Beach, Florida 33444
RECEIVE ,
SEP 2 1998
Dear Sir or Madam:
In regard to Public Notice 98-245, which we recently received, we want to voice our strong
objection to the fact that we no longer have use of said alley. We have used this alley for almost
50 years and have maintained it for all these years.
We are nearing completion of a new garage and have gone through the time and expense of
installing a garage door facing said alley with the intent of using it.
We plan on attending the meeting on the 28th of this month to voice these and other objections.
Sincerely,
Mr. & Mrs. William Koskie
Owners of lots 6 & 7
DEAN E. and PATRICIA A. NOLD
906 Deneq, Lane
~h. ay 8cach, norida
33483
November 4, 1998
Ms. Jasmin Allen
City of Delray Beach
Planning and Zoning Department
100 N~W~ First Avenue
Delray Beach, FL 3344~,
Re: Public Notice No. 98-245
Dear Ms. Allen:
This is to confirm our telephone conversation of November 2, 199&
Upon our arrival in Delmy Beach this past weekend, I had an opportunity to see ifI could
negotiate the parking of our pop-up camper without encroaching upon our neighbor's
proposed new property line.
Indeed I wa~ able to park the camper without any difficulty.
I am enclosing several photos that were taken at the time I parked the camper. You stated
on November 2, 1998, and on either September 14 or 15, 1998, that the alley ways were
free of litter, .... etc. The enclosed photos taken on October 31, 1998, do not ~upport
your observation/statements.
Sincerely,
Dean E. Nold
RECEIVED
NOV 0 § 1998
PLANNING & ZONING
PHONE: (561) 278-2259 E-MAIL: deanoden~juno.com
JOHN A GRANT. JR.. INC
A "" .... S~ETCH OF DESCRIPTION
/~-N FOOT (IO) UTILITY EASEMENT LOC
THE SUBDIVISION OF KE~''''''.,''' --.- .... ATED IN
PALM ==^,'u",-""~¥?- ~-L'-~'~ ~ OF DELRAY BCH.
,-,,-.,.-.,n ~uuN I ¥, FLORIDA
LEGAL DESCRIPTION:
THE NORTH TEN FEET (JO'} OF THE FOLLOWING DESCRIBED PROPERTY,
· . ~.~ ~. m~n'oF .emear,,. ·
lNG 2041.2 SOUARE FEET ( O, 047 acres ), MORE OR LESS.
NORTH IO. OO-~/
THIS IS NOT A SURVEY
Checked 8y~
Scole _ ~
/ ~ICK M. L~MAN
STATE ~ ~IDA