Res 19-99RESOLUTION NO. 19-99
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING THAT PART OF A TEN FOOT WIDE
NORTH/SOUTH ALLEY RIGHT-OF-WAY LYING WITHIN
BLOCK 26, DEL RATON PARK, BOUNDED BY LA MAT
AVENUE ON THE NORTH AND BY AVENUE "H" ON THE
SOUTH, AS THE SAME IS MORE PARTICULARLY
DESCRIBED HEREIN, BUT RESERVING AND
RETAINING TO THE CITY A UTILITY EASEMENT FOR
EXISTING PUBLIC AND PRIVATE UTILITIES OVER
THE ENTIRE AREA THEREOF.
WHEREAS, the City of Delray Beach, Florida, received
an application for abandonment of that part of a ten foot wide
north/south alley right-of-way lying within Block 26, Del Raton
Park, as the same is more particularly described herein; and
WHEREAS, the application for abandonment 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(O) (3) (e), the
Planning and Zoning Board, as Local Planning Agency, formally
reviewed this petition at a public hearing on March 15, 1999,
and v~ted unanimously 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 alley right-of-way for roadway purposes based
upon positive findings pursuant to LDR Section 2.4.6(0)(5), but
does not abandon and retains and reserves unto itself a utility
easement over the entire area 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 entire area 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, more particularly described
as follows:
That part of a ten foot wide platted alley
bounded on the south by the north right-of-
way line of Avenue "H", bounded on the west
by Lots 17 and 28, Block 26, bounded on the
north by the south right-of-way line of La
Mat Avenue, bounded on the east by the west
lines of Lots 18, 19, 20, 21, 22, 23, 24,
25, 26 and 27, Block 26 of DEL RATON PARK,
Plat Book 14, Pages 9-10, as recorded in the
Public Records of Palm Beach County,
Florida.
Containing 0.029 acre, more or less.
PASSED AND ADOPTED in regular session on this the 6th
day of April, 1999.
ATTEST:
/City C3~rk '
2
Res. No. 19-99
· : ORS I 3. 08'7 pg :1. 97:~
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JASMINE
- ABANDONMENT -
(10' North/South ,Alleyway, Block 26, Del Raton Park)
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER ~'~ ." ~ ~
ABANDONMENT OF THE ALLE~AY LYING WITHIN BLOCK 26, DEL RATON
PARK, LOCATED WEST OF FREDERICK BOULEVARD, BE~EEN LA MAT
AVENUE AND AVENUE H AND ACCEPTANCE OF A REPLACEMENT
EASEMENT
The request involves abandoning a 10' wide alley extending from La Mat Avenue on the north to
Avenue H on the south and the dedication of a replacement easement to cover existing utilities. On
either side of the north portion of the alley a single family residence has been constructed. The
parcels adjacent to the south half of the alley are vacant. Theabandonment request was submitted
by the owner of the vacant lots who intends to aggregate the parcels as one development project.
The right-of-way is unpaved, however it contains utility services for Bell South,Adelphia Cable and
Florida Power and Light. Along the north 65' of the alley, theutility lines encroach within the side
yard of the lots located on the east side of the alley. As the utility line is located outside of the
platted alleyway it is not now, nor will it be covered by an easement as the owner of those lots is
not a party to the abandonment request, and the provision of an easement on private property can
not be required through this abandonment process.
A 30' portion of a perimeter fence and concrete patio for thesingle family residence located on the
east side of the alley encroaches 5' 2" and 4' respectively into the alley. Upon abandonment the
perimeter fence will encroach 2" into the adjacent property. In order to eliminate the 2"
encroachment the property owner could purchase the affected area from the abutting property
owner or relocate the fence. The abandonment of the alley will not result in a loss of access to the
abutting single family residences.
At its meeting of March 15, 1999, the Planning and Zoning Board considered the request at a
public hearing. There was no public testimony regarding the abandonment request. After reviewing
the staff report and discussion, the Board voted 6 to 0 to recommend approval, subject to the
dedication of a replacement easement to cover 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. 19-99
P&Z Staff Report of March 15, 1999
PLANNING AND ZONING.BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
March 15, 1999
IV.C.
Abandonment of Alleyway Lying Within Block 26, Del Raton Park,
Located West of Frederick Boulevard, Between La Mat Avenue
and Avenue H.
GENERAL DATA:
Applicant/Agent ....................... Carl M. Polli
Location .................................. West of Frederick
Property Size ..........................
Future Land Use Map
Boulevard, between La Mat
Avenue and Avenue H
0.029 Acre
Designation ............................. Transitional
Current Zoning ........................ RM (Medium Density
Residential)
Adjacent Zoning ............ North:
East:
South:
West:
Existing Land Use ...................
Proposed Land Use ................
Water Service .........................
Sewer Service .........................
RM
RM
RM
RM
Unimproved 10' alleyway
Abandonment of alleyway
to be incorporated within
the abutting lots.
N/A.
N/A.
IV.C.
The item before the Board is that of making a recommendation to the City
Commission on the proposed abandonment of a north-south alley lying within
Block 26, DeI-Raton Park. The subject alley is located on the south side of La
Mat Avenue, approximately 115 feet west of Frederick Boulevard.
This right-of-way abandonment is being processed pursuant to LDR Section
2.4.6(0), Abandonment of Rights-of-Way.
The alleyway extends from La Mat Avenue on the north to Avenue "H" on the
south and was dedicated with the recordation of the DeI-Raton Park subdivision
in May 1926. The alleyway is not improved and does not provide access to the
abutting lots.
Overhead utility lines and a portion of the perimeter fence and concrete patio for
the single family residence located at 610 La Mat Avenue (Lots 23 thru 27) have
been erected within the alleyway,
The area proposed for abandonment is a 10' wide unimproved alley consisting
of 2,500 square feet (10' x 250') running between Lots 17 and 28 on the west
side of the alley and Lots 18 through 27 on the east side. On either side of the
north portion of the alley a single family home has been constructed. The parcels
adjacent to the south half of the alleyway are vacant. A development proposal
was approved by the Site Plan Review and Appearance Board on July 8, 1998,
to allow the construction of a 3-unit townhouse building on the vacant parcel
located on the east side of the alley. Subsequent to the Board's approval the site
was purchased by the owner of the adjacent vacant parcel (west side of the
alley). The abandonment request was submitted by the owner of the vacant
lots who intends to aggregate the parcels as one development project.
The abandonment area is 10 feet wide. Pursuant to LDR Section 2.4.6(O)(1),
public right-of-way dedicated through subdivision shall be divided at the center
line and returned equally to abutting parcels when abandoned. Accordingly five
feet will revert to the owners of the parcels on either side of the alley. The entire
alley will be incorporated into the vacant parcel for one development project.
Planning and Zoning Board Staff Report
Abandonment of Alleyway within Block 26, DeI-Raton Park
Page 2
Improvements in the Alley
A 30' portion of the perimeter fence and concrete patio for the single family
residence located on the east side of the alley encroaches 5' 2" and 4'
respectively into the alley. Upon abandonment the perimeter fence will encroach
2" into the adjacent property. In order eliminate the 2" encroachment the property
owner could purchase the affected area from the abutting property owner or
relocate the fence.
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 north to south contains Bell South,
Adelphia Cable, and Florida Power and Light services. The overhead utility lines
straddle the east right-of-way line of the platted alleyway. However along the
north 65' of the alley, the utility lines encroach within the side yard of the lots
located on the east side (outside of the platted alley right-of-way). Additionally,
no easements currently exist to cover this portion of the utility service.
VVhile the dedication of a replacement easement (which will coincide with the
area being abandoned) will be required as a condition of approval, the utility line
which is located outside of the right-of-way is not now, nor will it be covered by
an easement. Bell South, Adelphia Cable and Florida Power and Light have
reviewed the request and have no objections provided replacement easements
are dedicated.
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 a
replacement easement which is attached as a condition of approval.
Planning and Zoning Board Staff Report
Abandonment of Alleyway within Block 26, DeI-Raton Park
Page 3
B)
C)
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 public rights-of-
way via La Mat Avenue, Frederick Boulevard or Avenue "H" (not improved).
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 north/south overhead utility lines located within the abandonment area
will be accommodated by an easement to the same extent that is provided by
the right-of-way. The alleyway is currently not used for access and at 10' in
width is not sufficient to accommodate two-way travel even if it were
improved. 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:
Tropic Bay Condominium Association
Tropic Isles Homeowner Association
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.
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 of the vacant parcels on the south half of the
alleyway_~ Replacement easements will be required to cover existing Bell South,
FPL and CableTV services. As stated above, the abandonment of the alley
Planning and Zoning Board Staff Report
Abandonment of Alleyway within Block 26, DeI-Raton Park
Page 4
will not result in a loss of access to the abutting single family residences. The
utility line which is located outside of the platted alleyway is not now, nor will it
be covered by an easement as the owner of those lots is not a party to the
abandonment request, and the provision of an easement on private property
can not be required through this abandonment process.
Continue with direction.
Recommend to the City Commission approval of the abandonment subject to
positive findings with respect to LDR Section 2.4.6(0)(5).
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 north/south alley within Block 26, DeI-Raton Park, 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 entire alleyway to cover the existing
overhead utility lines.
Attachments:
· Reduced survey
· Location map exhibit
ir
T
LOT27
~£0T 26
LOT2$
LOT24
LOT2$
LOT 23
LOT22
LOT21
LOT20
LOTI9
(UNIMPROVED)
o/~ O.i'~OOTfl ~ o. 4'we~T
N.F.. CORNER BLOC~
I~ OT[
ALL.
CORNER BLOCK2~
LEGAL DESCRIPTION
THAT PART OF A TEN FOOT WIDE PLATTED ALLEY BOUNDED ON THE SOUTH BY THE
NORTH RIGHT-OF-WAY LINE OF AVENUE "H", BOUNDED ON THE WEST BY LOTS 17
AND 28 BLOCK 26, BOUNDED ON THE NORTH BY THE SOUTH RIGHT-OF-WAY LINE OF
LA-MAT AVE., BOUNDED ON THE EAST BY THE WEST LINES OF LOTS 18, 19, 20 21, 22,
23, 24, 25, 26 AND 27, BLOCK 26 OF DEL RATON PARK, PLAT BOOK 14, PAGES 9-10
RECORDED IN THE RECORDS OF PALM BEACH COUNTY, FLORIDA.
BEARINGS SHOWN HEREON ARE RELATIVE TO PLAT
AND ARE ASSUMED.
NO ABSTRACT OR TITLE SEARCH WAS PERFORMED
TO DISCOVER THE EXISTENCE OF ANY EASEMENTS
OR RESTRICTIONS OF RECORD.
ELEVATIONS SHOWN HEREON ARE BASED ON
NATIONAL GEODETIC VERTICAL DATUM OF 1929
UNLESS OTHERWISE NOTED.
NO BELOW GROUND IMPROVEMENTS, FOOTERS,
FOUNDATIONS OR UTILITIES HA VE BEEN LOCA TED
OR SHOWN ON THIS SURVEY.
O.R.B. = official record book
C.B.S. = qoncrete block structure
P.C.C. = point of compound curve
P.C.P, = permananent control point
P.O.C, = point of commencement
P,O,B. = point of beginning
D/E = drainage easement
C,M,P. = corrugated metal pipe
R.L,S, = registered land surveyor
P.S.M. = professional surveyor & mapper
Tram = transformer pad
F.P.& L = Florida Power & Light
GM = concrete monument
P.R,C. = point of reverse curve
P,I. = point of intersection
P.T. = point of tangency
~ = not field measured
WPF = wood privacy fence
Chart = chattahoochee
Renner, Burgess, Inc.
1 S.E. 4th Ave., Suite 205
Defray Beach, FL 33483
Phone 561-243-4624
Fax 243-4869
West Palm 735-7639
West Palm Fax 735-7641
P.B. = plat book
Typ = typical
R/W = right-of-way
A = central angle
(~)=- bearing basis line
Asph = asphalt
M.H. = manhole
U/E = utility easement
CLF = chain link fence
ELEV = elevafion
Certified To:
NORTH
Not to Scale
Tolr Free 1-800-773-5531
Fax Free 1:800-954-4408
Authorization Number LB6504
I here~y ~:ertify
meetsltl'~ minim
Florida ~dminis
Statute~ /
IA..
Harry f Ba~
~bt the Sketch of Boundary Survey shown hereon
'n technical)~ndards set forth in Chapter 61G17-6,
Iivl Cod¢/~ursuant to Section 472.027, Florida
Flood ZOne: "~ ~'
UapNo: I,'~O i '=)'Z. ~'~1
Map Date: I~-I:2-~
Revised:
ATTORNEY'S TITLE INSURANCE FUND, INC.
Not valid unless
sealed with embossed
surveyor's se~l
CARL M. POLLI
REPUBLIC SECURITY BANK
Its' Successorx and/or Assigns
JOHN W. FIELD, P.A.
Vicinity
Map
P = plat PG.: page
,~': power pole I.R. = iron red
M = measured R = radius
I.P. = iron pipe D = deed
RP = radius point O/S = offset
L = arc length Conc= concrete
CL = centerline Esmt = easement
ALUM. = aluminum Calc = calculated
P.C. = point of curvature L.B. = licensed business
P.R.M = permanent reference monument