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Res 26-99 " , . . [IT' DF DELRAY BEA[H DELRAY BEACH f lOll I () ... CITY CLERK ... 1 OC ~.~ !~",i ~:;~ ';V~r-'JUE . DELRAv BEACH FLORIDA 33444 . 561/243- 7000 All-America City 11~1~lllmlm~mlll~11111 , , III! CFN 20040616677 OR BK 17701 PG 0859 1993 RECORDED 10/29/2004 08:30:42 2001 Pal. Beach County. Florida Dorothy H Wilken, Clerk of Court C E R T I F I CAT I 0 N9s 0859 - 865; ( 7pgs) I, CHEVELLE NUBIN, Acting City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 26-99, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 18th day of May, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 19th day of October, 2004. ~S).~~ Chevelle Nubin Acting City Clerk City of Delray Beach, Florida (SEAL) /.1'. ® ",.. ." -, "F'~v~'''' p~OO' Tw¡:: EFFORT ALW/WS MATTERS . ...~ t " . L L.' ~ r~ , " . ~I RESOLUTION NO. 26-99 l'V\11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY h)H ¡. NORTH/SOUTH ~I BEACH, FLORIDA, VACATING AND ABANDONING THE ALLEY BETWEEN LOTS 5 THROUGH 8 ON THE WEST SIDE AND LOTS 13 THROUGH 16 ON THE EAST SIDE, ALL LOCATED IN BLOCK 83, TOWN 'I OF LINTON, AS MORE PARTICULARLY DESCRIBED BY EXHIBIT "A" , ~ BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR EXISTING PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF. ~EREAS, the City of Delray Beach, Florida, received an application for abandonment of the sixteen foot (16') alley right-of-way lying between Lots 5-8 on ~ the west side and Lots 13-16 on the east side of Block 83, Town of Linton, as more J" particularly described in Exhibit "pt', attached hereto; said Block 83 being located !: at the northeast corner of N. E. 2nd Avenue and N. E. 1st Street; and I , I' I' ~EREAS, the application for abandonment of said alley right-of-way was f processed pursuant to Section 2.4.6(0), "Abandonment of Rights-of-Waý', of the Land Development Regulations of the City of Delray Beach; and ~ l ~EREAS, 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 ~I ' 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; and ~EREAS, this resolution shall be conditioned upon the transfer of the property from its current owner to Pineapple Grove Properties, Ltd. wi thin ninety (90) days from the date of this resolution; and ~EREAS, this resolution shall be conditioned on Pineapple Grove Properties, Ltd. complying with the site plan review procedures and requirements and the requirements of LDR Section 2.4.4(E); and ~EREAS, this resolution shall be conditioned on the City receiving a right-of-way deed for a sixteen foot (16' ) dedication within the north drive aisle including an adequate truck turning radius as shown on Exhibit "B"; and ~EREAS, this resolution is conditioned upon Pineapple Grove Properties, Ltd. granting a hold harmless agreement to the City, within ninety (90) days from the date of this resolution, regarding the placement of brick pavers over the abandoned area in the event the City determines to replace any utilities in the abandoned area; and I '---- ~EREAS, this resolution is conditioned upon Pineapple Grove II Properties, Ltd. replacing the existing sewer pipe in the abandoned area with new I: ductile iron pipe in accordance with current City utility standards; and Ii ~EREAS, this resolution shall not be effective until all of the above II conditions are satisfied. Ii NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF I: DELRAY BEACH, FLORIDA, AS FOLLOWS: I Section 1. That the foregoing recitals are hereby incorporated herein by , " this reference. .. !: I' !r Section 2. That pursuant to Section 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, described in Exhibit "A" , for roadway purposes only, but does not abandon and retains and reserves unto itself a I' utility easement over the entire area thereof for the purpose of emergency access I' and constructing and/or maintaining, either over or under the surface, poles, I wires, pipes, sewers, drainage facilities, or any other facilities used for various I; public utilities whether owned by the City or private corporations. I , PASSED AND ADOPTED in regular session on this the 18th day of May, , , 1999. However, this resolution shall not be effective until the conditions listed II above are satisfied. " " i' II I! ATTEST: Ii ,! OJ,~'/lÆ. j'¡urJ!ltLhy. d Ii City Clerk " Ii II I: I I I ¡ I " I I i ! i - 2 - Res. No. 26-99 \ I' DESCRIPTION OF ALLEY ABANDONMENT A part of that certain sixteen (16) feet wide alley right-of-way lying in Block 83, Town of Linton (Now Delray Beach) according to the plat thereof as recorded in Plat Book 1, Page 3 (Sheet 2) of the Public Records of Palm Beach County, Florida, said part being more particularly described as follows: Bounded on the West by the East line of Lots 5, 6, 7 and 8 of said Block 83; bounded on the East by the West line of Lots 13, 14, 15 and 16 of said Block 83; bounded on the North by the Westerly extension of the North line of Said Lot 13 of Block 83 to the Northeast comer of said Lot 5 of Block 83; bounded on the South by the Westerly extension of the South line of said Lot 16 of Block 83 to the Southeast comer of said Lot 8, Block 83 Containing 4,899 square feet or 0.112 ACRE EXlßBIT "A" (to Resolution No. 26-99) ~------- CASON , I - METHODIST := >= I--- >= - CHURCH I-- ~ I-- ~ - _ :I: I--- :I: _ - - I--- _ === ...J...J- -- - === ~~- - - - ===- w w_ . ._ _ 0 0 ~ ~ ~- -~- ===- -~ ~- < _ < -== r-- - - -- f--- - -~ ---,- N w 3RD 5T ----...!'I ~ 3RD 5T. I i N.E 3RD---šT - - I ,-=..:..- -- _ ..rL ~ - - -~ ~I-- < W >~ < <I--- - - - ::::> ===:; '-- =- - === - -- - Z _ _ _ CTY 0 0- fot-:I: :I: I W Z D:===- - _-I- 1-_ ATTORNEY >fï§ N ""== - __10 10_ BUILDING « d T=W w- HJ/, z z- -- -- MARTIN LUTHER KING JR DR N,E 2ND 5T , ~ o ~ /'/ Z >- >- ~ "" - N ~ ~ ~ Z _ _ ... I -_0 0 >0 ...;- Z Z_ c:: > -::> ::> o II:: < - - 0 O- w - - CD CD -' < -:I: :I:- ;¡: Cl. II:: - I- I- Z CITY ~ -::> a:::- HALL ~,~ --~ ~- ä: 1....111 --- ~ U} -- - - ~5.l2.!.... NE , 1ST - ~ ST- '-- Z ~I rr -~ ---=.:....-...., --- o ...... - n J ¡!: - - I--- -, ....,..., . t-- II¡ _-I--- COMMUNITY ~ ......; Ó I-- Ól--- CENTER Z Z Z Z Z - ~ZI--- - ' >-= I--- 3: ~ ~-~:I:~ 5 . øl--- TENNIS U) r~~O ~ I ~:::::il--- STADIUM ITIIJ ~ô~~g~ [II[[[] DDl1JlJ[[[]{IIDiB1ITillD IT[ ATLANTIC AVENUE - ~[[[I]~OJ] ITIIID~DIIIIJ~ I I' J kLIJ]~ITIIIIJ~[[[[J]~[[ < < -~ I -r--<-f-<_ I-- ...; I-- _ I--- - o >- r--;( ¡!: f-- Z VI I--- >- II: ....-- -f---- N ~ VI I :I::I: I--- ~ f-- - - I- 1-- I--- ~- . in f-IO- ~ ~ 'fl' N ~ - - - - == VI VI ~ ~ ...;~ w -w- f----1 vi I J I ø- -ø- '-- 5W 1ST 5T 5E 1ST ST. II 11111 II I I I " I I' I I II II) BUD'S I N - -ABANDONMENT- CITY Of DELRAY BEACH, fL (Portion of 16' North/South Alleyway, Block 83, Town of Delray) PlANNING" ZONING DEPARTIoIENT -- DtCITAI. SASE MAP SYSTEM -- MAP REf LlA323 nRY ~3 '99 17:03 FRO~ HELLER WEAUER CATO TO 18~eB1561792739a PAGE.903/Ð83 ~~ ~ 00 ~ EXHIBIT "B" . ~ (to Resolution No. 26-99) ~ .... . IIW'E1" V . POINT or COWWENC£W£fiIT; eM' ·w ~ COQNÐt OIF II .-.rI'1' 'I . . LOT S. ....OCI< 13. ... ~ or UOoImIoI : j ¡ "-,T 800K 1. """ S. PAUlI WI' 6 ! Z !lEaCH COUNIT RCCOItÞS ~ ; LOT 5 - r= =47"~ .....} f~J I A- .,..2\- · .... I i ~or l-...", I ... o ! .....IINC I - 44..... I ~-'. , I z¡ ...., t I " ~----~~-----~- ~___,' ,,/1 ~ I 16M 21 ,.'~ I~ ;11 ...... tSl 1IIOItr-4'-W« .... r w t ~---------..7_;¡----"",~.p. ~': ~,.(1 z: 101 :.... ......" ------ ¡ ~" i ~ ;J r WIf). I I tit , , 0 ~ ! ::).. A. IftIV I! ~ '~~ ¡ :¡9g CROCK ~l ~: ~ ~"'2¡ I l I 1-. I"'....... T"'W'" "F LILITON -,1-9x' !i . · .:. c . ~o. L ,..; .... '" I I ~ I E! - I LOT 13 I:!!~ !I {PLAT BOOK 1, P""G[ 3) ~I&. ! E~ ! ~ "'! f' - - ~o ; ~t i I uz ' IJ ; I- '/ . "I · : .. ¡: · ~ LOT . ¡ ?~ [ I . 8. /-""" .. w . I e..¡C · 8 w~ 1II~~8 ~!-~ ~tl~ I-Z",;¡¡ !~t: SKETCH TO ACCOMPANY LEGAL DESCRIPTION 16' ADDITIONAL RIGHT-OF-WAY A PORTION or LOT 5 AND A PORTION Of THE 16' AllEY RIGHT-or-WAY ADJACENT THERETO. BLOCK 83, TOWN or lINTON. PlA.T BOOK 1, PAGE 3 PUBLIC RECORDS OF' PALM BEACH COUNlY. FlORIDA _ 2 '" 2 _ Ie fU ..a. - 99-14862-SS2 JIIfruãl 318 ~ r. 1st StIowt. s.nr . ~ 11ft)' hOI. Fbida 114&1 CS1) ZOOt'" - 1IIri)' tnt::h H II" d C t . 51) T.£-ðII - ...... a..dI e er - neaver an a 0, mc. ~ f1t1D.-'-'" Engineers ... Surveyors ... Planners SI) l4Hm . fak '. '. .:.:.' ,.. .- ....... TOTRL PAGE. In';::! ¡.... 05/14/99 FRI 12:18 [TX/RX NO 5733] B5/14/1999 12:21 5617927398 JEFFREV S ~TZ PA MRY 13 '99 17:02 PAGE as . FROM HELLER WERUER CRTo TO IÐZBBI~6179Z73ge PAGE.eB~,eB3 . .6' ADÞmOlfAL RIGHT or WAY A POATIONOF LOT 5,APfD A PORTION OF THE 1" A&.LEY JUGm.oF.WAV ,\ÞJAC~ TREll.ETO. aLOClC IU. TOWN OF LIHYOI'f. PLAT aGOJ( I, 'AG~ J. PUBUC BCORDS OF.ALM KAC1I cotJ!'f1'Y. n..oJUDA DJ:ICItJPI1ON: A POIlTION Of LOT S, BUXX 13, AND Al'OIlnON OF THE " FOOT ALUY RJGHI'~·WAY LYD«i l.A.5T OF AND ADJACStlT TO LOT 5. BLOCI; 13. TOWN OF UN1'ON , ACCORJ)IWG TO nœ Pl.AT nmaEOF AS JæCORDP) IN PLAT BOOK 1 AT PACiE ) 01 THE PUBUC ItECORDS OF PALM BBACH COUNTY. R.OIUDA. BEQolCi MOItE PARTIClJLAIU,.Y œsca1smAS POLLOWS; COJwIMIDoICINO AT n£ NORTHWEST CORJŒIl Of LOT 5. BI.OCIC. 13, TOWN Of l.DI1'OÞI. ACCOanlNO 10 nŒ PLAT nŒREOF ascoaDED IN P1AT BOOK 1 A.T ,...CE ) OF THE ,uauc RECORDS OF PALM BEACH COUNTY. n.oA.IDA. 'I1£}ICE SOO"OO·OO'"W ALONG THE WEST LINE OF SAID LOT 5 FOR A DISTANCE OF 21.15 FEET TO TIm POINT OF BEOlHNJNO: 11ŒNCE SOlTfH W59'»~ EAST ~ &2.15 fEET TO A pOINT Of' CVIlVA.T'UJæ; 11ŒNCE EASTØLY AlONG A CßlCUI..AIl CUkVE TO 11Œ 1U0Hl' AND CONCAVE TO 11m SOUTH HA. VINCi A RAl>M Of 44.-40 nET AND A CENTJl,AL ANGU OF 19"04'53" FOIl All ARC DISTANCE OF ...79 fEET TO A roINT or aEVEUE CUkVA'flJJŒ; THDICE EASTDL Y, 'NOJl~ Y AND NORTHERLY ALONO A ClU:U!..AR. CtJJt.vt TO nm LEFT A1lD CONCA YE TO TH! NORTIfWEST HAY1NG A RADIUS OF ;t1.oW fEET AND " eDlnAL ANOLE OF 1980S'4T FOR A:N ...ac DlSTA10ICEi OF RO' fEET TO A POINT 01' TANGBNCY; 1RENCE 'NOO"OO'2T'E I'~ %.46 FEET TO 'DIE 1'IQIl'I'HEAST COÐŒR. OF SAJO LOT S; THENQ 519"09'00'"'£ FOil 16.00 FEET: THENCE SOO"OO~rvJ A1.DNCì THE WEST UNE OF LOT 13. 01' ~ BLOCk IJ FOil A DISTANCE OF 2.22 FEET TO A 1000 Of Cl/RVATI.ßU¡: nŒNCE SOUfHElU.Y. SOUTHWESTERLY AND WESTEJtL Y ALONCi A CIRCl/LAII. CURVE TO THE 1U0HT AND COJolCA VE TO nŒ N~tHWEST HAVING A MDJUS or 44.40 FEEt AND ^ CEN'J1tA1. ANGLE OP tWOS'4r f'OIt \N AN:. DISTANCE OF 14.54 ÆET TO A P'ODn' OF RJ!V£RSE CUIlVA TtJRE; THENŒ WESTERLY A1..OWG A CIllCULAI. CURVE TO nœ LEFT AND CONCA. VE TO nœ SOlTTH HA vJ1'IIQ A 1tAD1US or 21.40 FE2T AND A Camv.L ANGLE OF 19"04'53" 1'011. AN A.JtC OJST ANCE OF 9 A6 FEET TO A POINT OF T .u.lGENCY: THENCE N'9"S9'33~W felt 12.15 FEET TO 1'000 ON THE 'NEST LINE OF SAID LOT 5; 11ŒJIlCE NOO'"OO'ocr'£ FOIt 16.00 FEET TO THE POlJ'tlT OF 1Œ000'mI0 SAID LANDIS SITUATE WITHIN TH£ crry OF DEIltA Y BEACH. PALM 8~CH COUNtY, FLOlUDA.. CONTAIN1NO o.~ ACRE MOIœ Oil 1.£SS. 1'OT£8: 1) .EARINaS SHO~ HEREON ARE Bf\SED ON THE W2S1' LINE Of LOT " BlDCK '3, 'tOWN OF UNTON.I"LAT BOOK I, PAOE 3, PAUl BEACH COUNTY RECORDS, HA VlNû AN ...sSUM2D BEAJUNG OF SOUTH 00"00'0(1" WEST. 2) THIS SkETCH AND LEGAL DESCJLJPT10N DOES NOT REPRESENT A flEW StJI.VEY. ("11DS IS JiOT A suaVEr.) J) UFEltENŒ DOClJ).ŒNT USEI>: MAP OF BOUNDAlty StJJt.VEY n£pA.)lZD BY O'BJU~. StJJTElU: o·aRIEN, 1NC., Ul'lDER ORDBIl NO, 910-1656 DATED; A.1JOUST .7. 1!I9&. DA"ŒD: MAY 13, 1999 FU.E: SUJtVEY\CIæA TJONS SHEET 1 oF 2 SHEETS f1L£ NO. 90-14161-55 1 .~. PabD ø.cb c~ :no SauIh_ PØ s.r-. 6uiw: 1'- o.Iny ø.m. F1crtda 334.3 HeUer-Weaver aDd Cato, Inc. ('61) 14308100 La.! ("I)W..a7T7 Fu Engineen n. Swveyors (5111) 732-2511 hIno ø..ft 05/14/99 FRI 12:18 [TX/RX NO 5733) , - . .... ~ I RESOLUTION NO. 26-99 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY I BEACH, FLORIDA, VACATING AND ABANDONING THE NORTH/SOUTH I ALLEY BETWEEN LOTS 5 THROUGH 8 ON THE WEST SIDE AND LOTS 13 ! THROUGH 16 ON THE EAST SIDE, ALL LOCATED IN BLOCK 83, TOWN ! OF LINTON, AS MORE PARTICULARLY DESCRIBED BY EXHIBIT "A", BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR EXISTING PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE I AREA THEREOF. /, ~EREAS, the City of Delray Beach, Florida, received an application for Ii abandonment of the sixteen foot (16' ) alley right-of-way lying between Lots 5-8 on ¡- the west side and Lots 13-16 on the east side of Block 83, Town of Linton, as more II particularly described in Exhibit uK', attached hereto; said Block 83 being located I! at the northeast corner of N.E. 2nd Avenue and N.E. 1st Street; and , , I' I' ~EREAS, the application for abandonment of said alley right-of-way was I' processed pursuant to Section 2.4.6(0), uAbandonment of Rights-of-Way', of the Land If Development Regulations of the City of Delray Beach; and i: ~ 1 ~EREAS, 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 I, 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 ¡i purpose of emergency access and constructing and/or maintaining, either over or Ii under the surface, poles, wires, pipes, sewers, drainage facilities, or any other Ii facilities used for various public utilities whether owned by the City or private I, " corporations; and Ii ~EREAS, this resolution shall be conditioned upon the transfer of the Ii property from its current owner to Pineapple Grove Properties, Ltd. within ninety !I (90) days from the date of this resolution; and I. Ii ~EREAS, this resolution shall be conditioned on Pineapple Grove II Properties, Ltd. complying with the site plan review procedures and requirements I and the requirements of LDR Section 2.4.4(E); and ~EREAS, this resolution shall be conditioned on the City receiving a I right-of-way deed for a sixteen foot (16') dedication within the north drive aisle , including an adequate truck turning radius as shown on Exhibit UB"; and I ~EREAS, this resolution is conditioned upon Pineapple Grove Properties, Ltd. granting a hold harmless agreement to the City, within ninety (90) days from the date of this resolution, regarding the placement of brick pavers over the abandoned area in the event the City determines to replace any utilities in the abandoned area; and I - WHEREAS, this resolution is conditioned upon Pineapple Grove I! Properties, Ltd. replacing the existing sewer pipe in the abandoned area with new ductile iron pipe in accordance with current City utility standards; and II WHEREAS, this resolution shall not be effective until all of the above 'I conditions are satisfied. II NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF Ii II DELRAY BEACH, FLORIDA, AS FOLLOWS: II Section 1. That the foregoing recitals are hereby incorporated herein by " this reference. , I: i! Section 2. That pursuant Section 177.101(5) and Chapter 166 of the " to I' II Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, described in Exhibit "A", for " roadway purposes only, but does not abandon and retains and reserves unto itself a II 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, Ii wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations. j: PASSED AND ADOPTED in regular session on this the lsth day of May, , 1999. However, this resolution shall not be effective until the conditions listed " ,. above are satisfied. " /7~ Ii I; I' II ,I Ii ATTEST: OJ~ ~'/1J!/' )!nr )kr;hy Ii ~ , Ii City Clerk " 'I I, !' II " II I I I I I I I - 2 - Res. No. 26-99 I! - ------,-- DESCRIPTION OF ALLEY ABANDONMENT A part of that certain sixteen (16) feet wide alley right-of-way lying in Block 83, Town of Linton (Now Delray Beach) according to the plat thereof as recorded in Plat Book I, Page 3 (Sheet 2) of the Public Records ofPaIm Beach County, Florida, said part being more particularly described as follows: Bounded on the West by the East line of Lots 5, 6, 7 and 8 of said Block 83; bounded on the East by the West line of Lots 13, 14, 15 and 16 of said Block 83; bounded on the North by the Westerly extension of the North line of Said Lot 13 of Block 83 to the Northeast comer of said Lot 5 of Block 83; bounded on the South by the Westerly extension of the South line of said Lot 16 of Block 83 to the Southeast comer of said Lot 8, Block 83 Containing 4,899 square feet or 0,112 ACRE EXIllBIT "A" (to Resolution No. 26-99) EXHIBIT "B" (to Resolution No. 26-99) 0.5/14/1999 12:21 5617927398 JEFFREY S KURTZ PA . MAY 13 'S9 17:02 PAGE 05 FRO~ HELI.EIl WERUEIl CRfo TO IBZBB1'6179Z73BB PRGE.BeZ,BB3 I" ADDmO,"A" \llÇHT or "'AY A PORTION or Lar" AI'ID" PORnoN OFTIŒ I" ALLEY RIGHT-OF-WAY AÞJACDrI' TRERnO. aLOCJ( II!. TOWN or IJHTON. PL"T __x I. 'AGIO J, PUBUC RECOADIS or PALM IlEAcH COV\'ITY. fI.OAlDA 1IIICIUPI1OH: AI'OItTIOII Of LOT s. BI.OCK n. JlMD A fOIlnOll 01 THE "FOOT.uuy RlOIII'-OF.......v LYIJI/Q UST OF AND AÞlACÞNT TO LOT s, 8LOC1; 13, TOWN OF UNTO" . ACCORDING TO THE PLAT THERl!OF AS IlEc:oIIœD III PLAT IIDOK I AT PAGE 3 01 THE PUBLIC II£CCRDS OF 'ALM EmACH COUN'1Y. FLORID.... BliIl'G MORE PARTICI.J1.AIU.Y 0ESa111ED AS POU.Ows: COMME>ICIIIO AT TIlE NORnlWEST CORNER Of LOT 5. BLOCK 13, TOWN OF l.II'TCN, AccoanINO 1'0 TIlE PLAT THEREOF RSCOaDED II' PLAT BOOK I AT 'AGE) OF THE PIJIILIC II£COIIDS OF PALM aEACH COUHI'Y, FLORJDA. 'I1IENCE SOO"OO'OO-W ALOI<O THE WEST LINE OF SAIl> LOT , FOIl A DISTAI<CE Of 2US FEET TO TIlE PONT OF B/!OINN/NO: THENCE SOU'OI 19"5,'3]" EAST FOR 12.15 I'EET 1'0 A POINT or cua.V...11III£; T1œNCE EASTØLY ALONG A C/IlCU1All CUllVE TO THE RlOHT A)) CO"CA VE TO THE SOI!T1< HA \//NO " I\AI)/US Of AMO FEET ANI> A CENTl<AL ANGU 01' 1'"04'S)" FOIl AI< ARC DISTAI<CE OF .',7. PEET TO A POINT Of II£VEIW! CURVA11JIŒ, THENCE EA51n.l. Y, NOIlTHEASTEJ./. V A)) NOJr.TIIERL Y ALONO It. cœcuu.a CURVE TO THE LI!FT It.IoID CONCAVE TO THE NOR11fWEST HA\llNO A IIA/:I/US OF 21.~ fEET AND ... CENTRAL AHOLE OF 109"OS"7" fOIl AN ..ac ClST AIOCE OF 54.01 PEET TO A POINT Of TN<OENCY; THENCE NOO"OO'2T'E FOIl. 2.46 FEET TO THE _11IEAST CORHER OF SAID LOT 5; THENCE SI9"09'OO"'E FOR 16,00 FEET: THENCE SIIO"OO'21'"W ALONG THE WEST LINE 01' LOT 13. OF SAID BLOCK 13 FOR'" DlSTA/OCE OF 2.22 FEET TO A POINT Of CUll.v...TURI;, THENCE SOtlfHERLY. SOlITHWESTEIU.Y It.IoID WES1ER\.Y "LO"O A CIRCUL.... CURVE TO TIlE RIGHT ANI> CO"CAVE TO THE NOIlTHWEST HAVIÑG A RADIUS OF ".40 FEET AND A CENTI<.AL IU'GLE Of I....os·.r FOR A" ARC DISTANCE OF ".S4 PEET TO A POINT OF REVERSE CUltV It. 11JIŒ; THENe¡; WESTEIU. Y AI.ONO " ClRCU1AIl CURVE TO THE LEfT AND COIiCA VE TO THE SOl1I1I HA V!N(¡ A MD,US OF 21.40 I'EET AND A CENTRAL ....OLE OF 1'"04'33· FOIl AIi ..ac DISTANCE OF "'6 FEET TO A POINT OF T A)/GÐ/CY; ntENCE NI9"S"]3"W fOR 12.15 FEET TO FONT ON THE WEST LINE or SAID Lor S; TllEtlCE NOO"OO'OO"E FO~ 16,00 FEET TO THE POINT OF IlEOOO<INO. SAID LU/DIS srru" TE 'WITHIN THE CITY OF DELIlA Y IŒACII, PALM RACH COlJIITY.1'LOlII/).... CONTAININO 0,06 ACRE NOlIE OR LESS. 1IOTE8, I) .EARIP/OS SHOW!< fIEIIEOIi AaE BMID 011 THE W!ST LINE Of LOT s. B/.IXK 13, TOWN OF LIIn'ON. /'LAT /lOOK I. PAOE 3, PALM BEACH CCUN1Y RECORDS, RA \lING AIO ...sSUMED B£AIUNO OF SOUTH OO"OO'O(J" WEST, 2) THIS SnTCII AND LEOJll. DE5CaIP'T101i DOES NOT REPRESENT A FIE,) SURVEY, C'THIS IS JOOT A SURVEY",) 3) REnlÐlCE DOCUMENT USED: 'lAP Of IIOVNP...." SURVEY n.EPAllliD BY O'BRlEIi. SIJ/'ŒR a O'8R1EIi, INC., lJNDE1I. ORDEUIO, .J.I6'1Ib DAn", AtJOVST 17. 1991. DA1ED: ....Y 13. 1_ PILE: SURVEY'QœA T1011S SHEET I OF 2 5IŒETS f1LE )10,99·"162-55 1 .~. -- Coœ1y 310 __ Pin< _ ..... F.... DoIny -. _ 3m3 HeUer-Weaver aDd Cato, IDc. (561) %43""00 ta.J (5'1) 2A.J-Im Fp. Engù¡een ... Surveyors (561) 7J2--25.1 Patø &...6 05/14/99 FRI 12:18 ITX/RI NO 5733) ~~f14f1999 12:21 .5&17927398 JEFFREY 5 KURTZ PA PAGE B& ~ey 13 99 17:Ø3 FRO~ HELLER WEeUER CRTO TO ¡øe66156179Z?396 PR6E.993'993 00 ~ I ~ § .... a_v , .... I ¡Z:' . ......,. loll ;:), ~ : ..' iCl . 01 Z, .... I ... II I . ,M.,...., I:S -.r.....-tM ...."'r I<! I f------IliiF-..ï.¡¡-----+~+- >: ~..é' z . i ,." ,,----- ¡ a" I .... WIr).. I I g j:).. 6-""" ,.,., ~ 'w ~ ¡ ..91( t1LOCK €'~ L·....· ""'21' I l i~ I" 11 . .'-!!i . ~ ~ , r~5 mWN OF LINTON i9~~ ¡ 2 - I LOT .. I!!,: !I ( PLAT BOOK 1, PAGC 3 i .. ! o:! !is'' f' - - 0 '.' ~~i I uZ .- . ~ ¡ . ~ , ~ ¡ ,,~ ; . ~ I LOT .. ~- J ::..;~ ~ ..~ ìi~~B ~~~.. !~u Þ!...:a 3~t: SKETCH TO ACCOMPANY LEGAL DESCRIPTION 16' ADDITIONAL RIGHT-OF-WAY A PORTION OF' LOT 5 AND A PORTION OF' THE 16' ALLEY RIGHT-or-WAY ADJACENT THERETO. BLOCK 83. TOWN OF' LINTON, PLAT BOOI< 1. PAGE 3 PUBLIC RECORDS OF PAlM BEACH COUNTY. FLORIDA __2.. 2_ _.......99-14862-SS2 JIIiiiSl :Jþ ¡ t 101 _. __ I ~ 1M, ...", _ IJaI IS!) /JOoI/II . _,_ H 11" d C t . 5117:1/..,.·...._ e er - neaver an a 0, me. C9IO 97......._.. En£\D..rs ... SU1TI!yors ... Plalmers 511 /434771- ru . - . # . ,... ,". :'.*" TCTAL PAGE".IIØ3 i.,.. 05/14/99 FRI 12:18 ITX/RX NO 5733) · TO: DAVID T. HARDEN, CITY MANAGER, - THRU: FROM: CLAIRE LYTE-GRAHAM, PLAN ~ SUBJECT: MEETING OF MAY 18,1999 "CONSENT AGENDA" ABANDONMENT OF A PORTION OF A 16' ALLEY IN BLOCK 83 ASSOCIATED WITH CREATIONS OF DELRAY BEACH/PINEAPPLE GROVE I~~- The requested action of the City Commission is approval of the abandonment of the south 279.18' of an improved 16' wide north/south alley within Block 83 associated with Creations of Delray Beach. The project site is located on the north side of NE 1" Street between Pineapple Grove Way (N.E, 2nd Avenue) and NE 3"' Avenue, mll_ The subject alley was dedicated with the recordation of the Town of Linton Subdivision in 1910. The alleyway is improved between NE 1" and N.E. 2nd Streets and is currently used for access. The property owner of the abutting lots (Lots 5-8 to the west and Lots 13-16 to the east of the alley) is requesting the abandonment in conjunction with the redevelopment of the site into a bazaar to be known as Creations of Delray Beach. The attached P & Z staff report contains additional background and analysis of the request. .... The Planning and Zoning Board considered the abandonment along with an associated conditional use request to allow the bazaar at its meeting of March 15, 1999. The Board recommended approval of the conditional use, but recommended denial of the abandonment. The recommendation of denial centered around unresolved issues regarding maintaining continued access through the alley for BFI and delivery vehicles, and installation of pavers over existing City water and sewer service within the abandonment area. ""~.r~.~..I..n_ Subsequent to the Planning and Zoning Board, it was agreed that right-of-way be dedicated within the north drive aisle between Pineapple Grove Way and the alley, to allow continuation of access for properties to the north (see Exhibit B). In addition, the existing clay sewer main is to be replaced by the developer with ductile iron and pavers installed over the new main, subject to the provision of a replacement easement and hold harmless agreement. The provision of easements to cover existing BellSouth and FPL services as well as the sewer main within the alley is being handled by language in the resolution. The site plan request was approved by the Site Plan Review and Appearance Board on April 21, 1999. gß City Commission Documentation Abandonment of Alley within Block 83 (Creations of Delray Beach) Page 2 .1II!1111_ By motion, approve the abandonment of the south 279.18' of north/south alley within Block 83 as described in Resolution 26-99, subject to the following conditions identified in the resolution: 1, That the property be transferred from its current owner to Pineapple Grove Properties, Ltd, Within ninety (90) days from the date of Resolution 26-99; 2. That Pineapple Grove Properties comply with the site plan review procedures and requirements, and the requirements of LDR Section 2.4.4(E); 3. That the City receive a right-of-way deed for a 16' dedication within the north drive aisle, including an adequate turning radius as shown on Exhibit B; 4, That a hold harmless agreement to the City be received within ninety (90) days from the date of Resolution 26-99, regarding the placement of brick pavers over the abandoned area in the event the City determines to replace any utilities in the abandonment area; and, 5. That the existing sewer pipe in the abandoned area be replaced with new ductile iron pipe in accordance with current City utility standards; and, 6. That Resolution 26-99 not be effective until all of the above conditions are satisfied, Attachments: · Planning and Zoning Staff Report · Resolution · Exhibit B PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT--- MEETING DATE: March 15, 1999 AGENDA ITEM: IV.S. ITEM: Abandonment of the Southern portion of an Alleyway Lying Within Block 83 for Creations of Oelray Beach. . , I- - I-- ¡-- I- - I-- ~ t- - I--- - I- - I-- I--- - t-w LJ - ; t::::= 1-:; ~- I-- t- -1---1= - ¡-- GENERAL DATA: t- N.E. -3Ro- - ST':T - - --' F-- . - I--- ~ Owner........................................ Claire Ann Harrington, as - 1---1 - - I--- 1 - Trustee of The Julia - I--L ~ - I--- 1 - Manalan Residential Trust, - I-- 1 - - o I--- 01_ _ under The Will of Julia Hilda = ~ t-- ~--- I-- I- Manalan - I--- þ:=; Agent......,......................,........... Jeffery S, Kurtz, Esquire - I---~ - N.E. -~ ApplicanL................................. The Pugliese Company - r--- ~ ST. Location...,................................. South portion of alleyway -~ >-- I ~ < -- ~- I--- Z within Block 83, located on w - ¡o- w 0 > the north side of N,E. 1st " < " < - 0 w '" Street, between N.E. 2nd ~ ~ - ~ ;¡ ~ Ave. & N.E. 3rd Ave. < - w z Property Size....,......,................. 0.112 Acre ~ II - 11 Future Land Use Map................ Commercial Core - _ N.E. 1ST ST. Current Zoning,.................,......, CBO (Central Business ~ l$f Æj' iE Oistrict) ::0 - < o . w Adjacent Zoning.......,.......North: CBO <n W z Z East: CBO ëS 0 South: CBO is ~ <n West: CBO 1 ITITIIJ OIl ~[JI[]]~ Existing Land Use.................,.. Improved alleyway Proposed Land Use................... Abandonment of the southern A TLANTIC AVENUE portion of the alleyway and the [IJJ~m~11 I m~[ intended improvement with the r---< .~ '« « installation of pavers. f-- . -- f-- '" I Water Service......,...................., n/a < '" ~ f-ti "'" v Sewer Service........................... n/a f--- o- f-- Z . ~ W m~ u; - W on S.E. 1ST ST 1m L II II '6 II . II : ~ IV.B. The item before the Board is that of a recommendation to the City Commission for the proposed abandonment of a portion of a 16' alley located within Block 83, formerly Town of Linton Subdivision. The subject alley is located on the north side of NE 1st Street, between Pineapple Grove Way (NE 2nd Avenue) and NE 3rd Avenue, This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way, . The subject alley was dedicated with the recordation of the Town of Linton Subdivision in 1910, The alleyway is improved between NE 1st and N.E. 2nd Streets and currently used for access, The portion of alley to be abandoned is located at the south end of the block, between the former Winn Dixie building and parking area to the east and an associated parking lot to the west Structures are located within the abandonment area, including encroaching landscape islands and an overhead utility power line, A conditional use and site development plan for the establishment of a bazaar (Creations of Delray Beach) on the parcel are being processed along with the abandonment request The proposal to redevelop the site to accommodate a bazaar includes the following improvements: · Interior and exterior modifications to the existing building; · Reconfigure and restripe parking areas; · Install brick pavers within the abandonment area and close alley at the north end; · Install an easUwest brick paver walkway connecting the main building entrance to the existing sidewalk along Pineapple Grove Way; and, · Landscaping upgrades. The area proposed for abandonment is the south 320,06' of the 16' alley, lying between Lots 5-8 to the west and Lots 13-16 to the east, and consists of approximately 4,899 square feet These properties are under one ownership, The property owner is requesting the abandonment in conjunction with the redevelopment of the site, The proposal includes installation of pavers within the abandonment area, construction and reconfiguration of the parking areas, and the installation of two P&Z Staff Report Abandonment of a 16' Alley in Block 83 (Creations of Delray Beach) Page 2 parking spaces at the north end of the abandonment area where the alley will be closed, The abandonment is being requested to allow for a unified development of the site, and reduce through traffic utilizing the alleyway between N.E. 1st and N.E. 2nd Streets, thereby improving traffic circulation within the existing parking area. The subject alley is 16' in width, Pursuant to LDR Section 2.4.6(0)(1), public property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels when abandoned. The same property owner owns the parcels divided by the portion of alley to be abandoned, and would receive the entire 16'. The subject alley is surrounded by commercial uses within Pineapple Grove, The alley is paved and provides access to N.E. 1st and N.E. 2nd Streets, The alley is accessed by service vehicles, customers, owners and employees of the businesses which abut the alley. Utilities: Water and Sewer: A 4" water main servicing the Winn Dixie building only is located within the southern portion of the alley to be abandoned. In the event the alley is abandoned the main should continue to be maintained by the owner of the parcel. An 8" sewer main is located within the alley, and a replacement easement will be necessary to provide for its future maintenance by the City, The City's Environmental Services Department has voiced concerns with the proposal to install brick pavers for a length of 320' over the existing utilities. The existing main is made of clay pipe and will likely need substantial maintenance, or replacement in the coming years, In the event the sewer main must be upgraded or repaired, the City will need to remove the brick pavers, The applicant will be required to execute a hold harmless agreement which theoretically relieves the City of the requirement to replace the pavers, but in reality could be difficult to enforce. The following alternatives have been discussed with the applicant: · Re-route the existing sewer main to flow west down to N.E. 1st Street to the alley within Block 75, The existing water meter and back-flow assembly will require relocation to the south property line. The estimated cost of this alternative, excluding surveying, engineering and permitting, is $35,000; or, P&Z Staff Report Abandonment of a 16' Alley in Block 83 (Creations of Delray Beach) Page 3 . Remove the existing sewer within the alley and reconstruct with ductile iron pipe to extend the useable life of the sewer main. The existing water meter and back-flow assembly will require relocation to the south property line, The estimated cost of this alternative, excluding surveying, engineering and permitting is $20,000; or, . Limit the installation of brick pavers to an area from the main building entrance to the proposed easUwest brick paver pedestrian walkway (approximately 20' - 30'), and pave the remainder of the alley with an asphalt surface, The applicant is not receptive to re-routing or replacing the main due to the cost involved; and does not support limiting the location of the brick pavers to connect to the pedestrian walkway because of aesthetic concerns. Electric, Telephone, Cable: The replacement easement will also be required to cover the existing utility power line (containing FPL, BellSouth, and Adelphia cable services) which is located along a portion of the west side of the abandonment area. A power pole within the south portion of the alley will need to be relocated to accommodate vehicular circulation within the parking area. Fire Hydrants: The Fire Department has reviewed the abandonment request and has indicated that fire hydrants will need to be installed at the corner of N.E. 1st Street and Pineapple Grove Way, and at the northwest corner of the parcel to be redeveloped. Access: Currently, the entire alley is paved and provides access between N,E, 1st and N.E. 2nd Streets. The alley is utilized by BFI to collect refuse from adjacent properties, as well as the abutting property business owners and employees for access and deliveries. These properties have zero side setbacks and the only access to the rear of their stores is from the alley. The redevelopment proposal calls for the north end of the abandonment area to be closed, resulting in a dead end with no provision for a turnaround area. City staff and the applicant discussed the following alternatives to provide continued access to all properties within Block 83: 1. Create an easUwest alley at the north end of Lot 5, thereby providing through access to Pineapple Grove Way; or, 2. Provide a turnaround area at the north end of the abandonment area and close the alley further south; or, P&Z Staff Report Abandonment of a 16' Alley in Block 83 (Creations of Delray Beach) Page 4 3, Provide ingress/egress easement between the north portion of the abandonment area and the parking aisle directly to the west, thereby allowing access to Pineapple Grove Way, and close the alley further south, The Pineapple Grove "Main Street" Neighborhood Plan calls for modifications and improvements to streets and sidewalks within Pineapple Grove which will convert Pineapple Grove Way from a collector to a local street, thereby creating a more pedestrian friendly environment Along with these improvements, use of public alleys is encouraged, particularly for trucks providing deliveries and other services to businesses with frontage on Pineapple Grove Way. In order to provide BFI and other service vehicles with adequate ingress/egress and turnaround area, one of the above alternatives must be considered, Resolution of the access issue at the time of site plan approval is attached as a condition of the abandonment approval. Site Plan Review: A conditional use request to establish a bazaar has been submitted for consideration by the Planning and Zoning Board, and a site plan application for redevelopment of the site will be reviewed by the Site Plan Review and Appearance Board. If the abandonment request is approved by the City Commission, prior to the recordation of the abandonment resolution site plan approval must be obtained and applications for building permits issued, COMPREHENSIVE PLAN: Future Land Use Element Objective C-4: The Central Business District (CBD) represents the essence of what is Delray Beach, i.e. a "village like, community by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart in South Florida". Future Land Use Element Policy C-4.4: The City supports the efforts to revitalize the Pineapple Grove Main Street area, and the use of the Main Street approach: organization, promotion, design, and economic restructuring. The purpose of the abandonment is to incorporate the subject area for the redevelopment of a high visibility location in Pineapple Grove, Abandoning the alley will prevent cross traffic not associated with the proposed development, and thus provide a more pedestrian friendly situation. Redevelopment of this site will be a significant improvement to the area and contribute to the continued redevelopment of the downtown area and Pineapple Grove, P&Z Staff Report Abandonment of a 16' Alley in Block 83 (Creations of Delray Beach) Page 5 As previously discussed, the Pineapple Grove Neighborhood Plan promotes use of paver bricks, the utilization of alleyways for provision of services, and a pedestrian friendly environment Abandoning of the alley will not be in conflict with the Plan as only a portion of the alley will be abandoned, and as long as adequate ingress/egress is provided to SFI and other service providers, In addition, the applicant may install paver bricks in the alley, subject to limiting the area of installation or relocating or upgrading the existing sewer main. Transportation Element Policy A-6.3: Abandonment of right-of-way shall not be granted unless it is conclusively demonstrated that there is not, nor will there be, a need for the use of the right-of-way for any public purpose. The abandonment is being requested to unify the proposed redevelopment of the site, and reduce cross traffic, The Pineapple Grove Plan encourages usage of the alleyways, and at present time the subject alley is used by SFI, service delivery vehicles, customers, business owners, and employees, In addition, utilities are currently located within the alley, While SFI and other users of the alley will have continued access to the remaining portion of alley via N.E. 2nd Street, the redevelopment proposal does not provide a turnaround area or through access to Pineapple Grove Way. In order to approve abandonment of the alley, adequate ingress/egress must be provided for SFI and other service providers, and the issue of installing paver bricks within the abandonment area must be resolved. 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. The alley is improved and currently used for access. The applicant owns the property on both sides of the subject abandonment area, and the site plan for the development of the abutting parcels indicates that brick pavers will be installed within the abandonment area, Continued vehicular and pedestrian access will be provided to N.E. 1st and N.E. 2nd Streets, and Pineapple Grove Way. The remaining portion of the alley will maintain vehicular access to N.E. 2nd Street, however, the proposed closure of the north portion of the abandonment area will result in a dead end. SFI and other service providers must be allowed to continue to access all properties in Slock 83, with adequate ingress/egress points. City water and sewer, and FPL, phone, and cable services are located within the alley, If the abandonment is P&Z Staff Report Abandonment of a 16' Alley in Block 83 (Creations of Delray Beach) Page 6 approved, replacement utility easements to cover existing services must be provided, and adequate ingress and egress must be provided to BFI and other users, B) That the abandonment does not, nor will not, prevent access to a lot of record. The applicant owns the property on both sides of the abandonment area, and the abandonment will not prevent access to a lot of record. The subject portion of alley will be used by vehicles as a drive aisle within the parking area and as pedestrian access, providing access to Pineapple Grove Way and N,E. 1st Street. Properties adjacent to the remaining portion of alley will maintain vehicular access to the alley and to Pineapple Grove Way, C) That the abandonment will not result in detriment for the provision of access and/or of utility services to adjacent properties or the general area. Currently, access is taken from the subject alley, As noted, the proposed site plan calls for brick pavers to be installed in the abandonment area, and the subject alley to be abandoned be closed to the north, As previously indicated, as conditions of approval replacement easements are required to cover existing services and service providers must be allowed adequate ingress/egress to access all properties within this block. Community Redevelopment Agency: The project is located within the CRA area, The CRA Board reviewed the request at its meeting of February 25, 1999 and recommended approval of the project. Downtown Development Authority: The DDA reviewed the request at its meeting of February 17, 1999 and recommended approval of the project. Pineapple Grove Main Street Executive Committee: The Pineapple Grove Main Street Executive Committee reviewed the request at its meeting of March 1, 1999 and recommended approval of the project. P&Z Staff Report Abandonment of a 16' Alley in Block 83 (Creations of Delray Beach) Page 7 The subject alley is improved and provides access to N.E. 1st and 2nd Streets. The purpose of the abandonment is to incorporate the subject area for the redevelopment of a high visibility location in Pineapple Grove. By abandoning the alley, the development will be unified and cross traffic will be reduced, The abandonment area will be used for internal vehicular circulation, and as a connector to a proposed east/west paver walkway and existing sidewalks, Properties to the north of the abandonment area will have continued access from the alley to N.E. 2nd Street, and the redevelopment site will continue to have access to N,E, 1st Street, Pineapple Grove Way and N.E. 3'd Avenue via the alley and abutting parking areas. The new east/west walkway will provide pedestrian access to N,E. 1st Street and Pineapple Grove Way. The proposed improvements are consistent with the Pineapple Grove "Main Street" Neighborhood Plan, which promotes redevelopment within Pineapple Grove, as well as creating a more pedestrian friendly environment The City's Environmental Services Department has voiced concerns that brick pavers will be installed over existing services. The Fire Department has indicated that two fire hydrants will be required with the redevelopment of the site. A replacement easement must be provided to cover the existing utility power line within the alley, In addition, as currently proposed, the redevelopment project proposes that the alley be closed without provision of a proper turn-around or access through to Pineapple Grove Way, This configuration does not provide adequate ingress/egress for refuse collection and other service providers. Prior to City Commission consideration, the above issues must be resolved. In addition, prior to recordation of the abandonment resolution, site plan approval must be obtained and applications for building permits must be issued. 1, Continue with direction, 2, Recommend approval of the abandonment based upon positive findings with respect to LDR Section 2.4,6(0)(5), subject to the following conditions. a, That replacement easements be provided to cover all existing sewer and utility services within the alley. b. That adequate ingress/egress for vehicles servicing the properties north of the abandonment area be provided by one of the following alternatives: P&Z Staff Report Abandonment of a 16' Alley in Block 83 (Creations of Delray Beach) Page 8 · Create eastlwest alley at the north end of Lot 5, thereby providing access to Pineapple Grove Way; or, · Provide turnaround area at north end of abandonment area and close the alley further south; or, · Provide ingress/egress easement between the north portion of the abandonment area and the parking aisle directly west, thereby allowing access to Pineapple Grove Way, and close the alley further south, c, That the issue of the surface treatment of the abandonment area be resolved to the satisfaction of the Environmental Services Department, and that a hold harmless agreement be executed for the applicable area. d. That prior to the recordation of the abandonment resolution site plan approval be obtained and applications submitted for building permits. 3. Recommend denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4,6(0)(5), . Recommend approval of the abandonment of a portion of a 16' wide alley within Block 83 based on positive findings with respect to LDR Section 2.4.6(0)(5). The abandonment shall be subject to the following conditions: 1. That replacement easements be provided to cover all existing sewer and utility services within the alley, 2, That adequate ingress/egress for vehicles servicing the properties north of the abandonment area be provided by one of the following alternatives: a, Create easUwest alley at the north end of Lot 5, thereby providing access to Pineapple Grove Way; or, b. Provide turnaround area at north end of abandonment area and close the alley further south; or, c. Provide ingress/egress easement between the north portion of the abandonment area and the parking aisle directly west, thereby allowing access to Pineapple Grove Way, and close the alley further south. . P&Z Staff Report Abandonment of a 16' Alley in Block 83 (Creations of Delray Beach) Page 9 3. That the issue of the surface treatment of the abandonment area be resolved to the satisfaction of the Environmental Services Department, and that a hold harmless agreement be executed for the applicable area. 4. That prior to the recordation of the abandonment resolution site plan approval be obtained and applications submitted for building permits, Attachments: · Location Map · Survey · Site Plan for Creations of Delray Beach filename: u:\grahamclpzreplblk83ab.doc ¡ ~~~ ' ~!; . - '" =~§ ~ ~ ~ ~ _ ~ s~ .:; ~ : ... .. a r ~....~ ~E~~'Õi~;':;E~ § ~ ~ § ~ 0 ~ ;~U ---- ~""§1'.J~ ---- .. ........~~Q,"t:sa~ .' 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