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Res 28-99ORB lP'17:1. P~I i~'49 RESOLUTION NO. 28-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ("CITY") VACATING AND ABANDONING THE ALLEY MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO ("SOUTH ALLEY"), BUT RESERVNG AND RETAINING TO THE CITY A UTILITY EASEMENT FOR EXISTING PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA OF SAID SOUTH ALLEY; ALSO VACATING AND ABANDONING THE ALLEY MORE PARTICULARLY DESCRIBED ON EXHIBIT "B" ATTACHED HERETO ("NORTH ALLEY"), BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR EXISTING PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA OF SAID NORTH ALLEY; ALSO VACATING AND ABANDONING ALL THAT PORTION OF N.E. 5TM STREET AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "C" ATTACHED HERETO ("ROW"), BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR EXISTING PUBLIC AND PRIVATE UTILITIES THROUGH THAT PORTION OF THE ROW GRAPHICALLy DESCRIBED ON EXHIBIT "D" ATTACHED HERETO ("ROW EASEMENT AREA"). WHEREAS, the City received an application for abandonment of the South Alley; and WHEREAS, the City also received an application for abandonment of the North Alley; and WEREAS, the City also received an application for abandonment of the ROW; and WHEREAS, the City Commission of the City finds that its interest in the described property is no longer needed for the public good or purpose and deems it to be in the best interest of the City to vacate and abandon (for roadway purposes only, it being the intention that the City's rights in and to the utility easements herein reserved are not so being abandoned and vacated) the North Alley, the South Alley and the ROW, based upon positive fmdings pursuant to LDR Section 2.4.6(O)(5), but the City does not abandon and retains and reserves unto itself a utility easement over the entire area of the North Alley, the South Alley and the ROW Easement Area, 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 within such areas, whether owned by the City or private corporations; and WHEREAS, it is the intent of the City Commission of the City that this resolution not be recorded until the developer of the project contemplated by the "Site Plan" (as hereinafter defined), Equity Partners Seven, Ltd., a Florida limited partnership ("Developer"), owns all of the properties more particularly described on Exhibit "E" attached hereto ("Property"); it being acknowledged, that once all of said properties are owned by said developer, this condition shall be deemed satisfied; and ORB 1E~171 p§ WHEREAS, the Developer has represented to the City that it intends to plat the Property, together with the North Alley, the ROW and the west half of the South Alley, as one tract (collectively the "Development Site"); and WHEREAS, the City has relied on this representation in the abandonment of the North Alley, South Alley and ROW; and WHEREAS, it is the intent of the City Commission of the City that this resolution not be recorded until that certain site plan submitted to the City under City submission no. 99-113-SPF-SPR, sheet SP.01 of site plan, dated March 18, 1999 and prepared by Marc Weiner ("Site Plan") is approved by the City; it being acknowledged that upon approval of the Site Plan by the City, the City shall forthwith record in the Public Records of Palm Beach County, Florida, a resolution from the City evidencing the approval of the Site Plan, and upon recordation of said resolution, this condition shall be deemed satisfied; and WHEREAS, it is the intent of the City Commission that, in the event the foregoing two conditions are not satisfied on or prior to a date which is one (1) year from the date this resolution is approved by the City Commission, the City Commission may revoke this resolution; which revocation shall be evidenced by a resolution of the City for such purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Section 177.101 (5) and Chapter 166 of the Florida Statutes, the City hereby vacates and abandons (for roadway purposes only, it being the intention that the City's rights in and to the utility easements herein reserved are not so being abandoned or vacated) all right and interest it holds in and to the North Alley, the South Alley and the ROW, but does not abandon and retains and reserves unto itself, a utility easement over the entire area of the North Alley, the South Alley and the ROW Easement Area 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 within such areas, whether owned by the City or private corporations. Section 3. In the event the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities lying within the easements herein reserved are, in the future, relocated pursuant to applicable permits obtained from the applicable governmental authority having jurisdiction thereof, the City hereby agrees that the easements herein reserved shall be vacated and abandoned by appropriate action of the City Commission, it being acknowledged that in such event, the easements reserved herein will no longer be needed for the public good or purpose. Section 4. The Development Site shall be platted as one tract and developed in accordance with the Site Plan approved by the City, subject to such changes or modifications thereto as may be approved by 2 RES. NO. 28-99 ORB 1E~1'~1 p§ ~m,~$1 the City. In this regard, upon acquiring ownership of all the Property, the Developer shall execute and record in the Public Records of Palm Beach County, Florida, a Declaration of Unity of Title in the form attached as Exhibit "F". PASSED AND ADOPTED in regular session on this the 18_~t.~of~ A,~TES f: ~' ,'~, V // M '4t~Y 0 R City ~lerk 3 RES. NO. 28-99 ORB 1E~1'71 Pg E~E~ EXHIBIT "A" SOUTH ALLEY 12:47 ORB 1~171 pg ;Et~3 SKETCH OF DESCRIPTION OF 16.00 FOOT ALLEY WAY CDNT~GUOU~ TO LOTS $. 4-. 5 AND 6. HALLER AND GROOTMAN'~ SUBD~V~SZON & TRACT 'A', DUBLIN PROPERT[;~ X, LTD. L~ND DESCRIPTION: portion af g 1~,00 f~t Afley' Way be~ Lo~s ~ 4. · '~d ~, HALLER AND GROO~AN'~ I~e of sa~ T~t ~ , ~JO. OO f~t to the n~we=t c~ of ;old Tract 'A' and th~ POINT Of east*fly ~ten~ion, 16.~ ~eet to the southeast co~*r of ~id Lut ~; ~en~ N0~8~5 ~ N O TE~' , ~u(~: ~ ~, ~g5~ With the ~nt~l~e of N.E 6~ b~undury ~u~ 6. Abbrev~bon Legend: A~ m A~ue: ~ -- Cehteff~e; ~D.O,[ -- ~orido D~e~ment of CERT. rF'~CA 770N: Y EgG end belief es proposed u~de~ my dlrecti=~ on Morch 2~ I~99. Z ~R~ ~R~T th~l ~ ~etch and De~lpll~ meet~ the Mln~ Tech~f~l 5t~n~o~ set forth ~ ~opter 61G17-~. ~orl~ A~iniet~t[~ CoEe, ~u~uer ORB 1~1'~1 P9 A¥IRON t ASS0CI{TE$ INC. ?EC:561 ~94 7125 ~, 007 SKETCH oF' DESCRIP~ON OF 1~.00 FOOT ALLEY WAY · ~ACT ~A", OUBL%N PROP~[S ], L~, _N.~. am s_Z (~o' ~_/w_) . L~T :~ ~ · LOT 17 N Bg~28'25 LOT J-~ 16,01 LOT ~ ~ T R A O T "k" -- -- ~ DU~N ~ PROPER~ES ~, L~. LOT 8 TRACT "A" $ W PROPL~RTJ[S Z, asYLna, r [xr~vstov EXHIBIT "B" 9[/80 '~ SKETCH OF DESCRIPTION 16' ALLEY ABANDONMENT LAND DE~CRIP~7ON: A 16.00 foot Alley Way between Lots a through t3 end Lute Z6 through $~, H~AN ADD~ Records ef Palm 8eg~ Counf~ ~orido. Count~ ~orMo, m~e parb~uloff~ ~bed ~MMEN~NG ef the c~t~e ~Jersection of N.~ 6th A~nue (U.S. Highway ~e - N~th Bound~ O~mt of T=~ Right-of-~ 19~9; thence S~9~8'2~ ~ ~l~g the contains ~f e~M N.E. ~th Street. 160.00 ~et to ~o/nf h~affer ~M~ed ~t=r/~ e~t~=~ of the a~uth h'ne of ~Y Lbf 31, o diet. Ge of I0.~ ~t ~o ~he ~out~eosf co. er of sgt~ Lot 8; tnence NO1~B'JS'~ ~StOACe Of J24.~0 r~t to the n~th~t ~r o~ add Lot T~' then~ W89~8~5'~ ~ong the ~m~es[ c~ or ~M LO~ N~9~B'25"E, qfo~g the ee~t~ N O TE~.- 1. Reproductions Dr thio 5ketch ore not ~ seal of a ~'lorido licensed eUMJ~r md R affect the ~b~t p~e~ NO ~ Of ~ ~. ~e land ~c~n aho~ ~er~n ~e 4. ~e~ ~hown h~o~ ~ bos$~ ~ fha F A~nue, ho~g o bearing or NOl~8'JS"~ B~cn County Records; P.O.~. ~ Po~J of ~eg~]~; P.O.C . PoJ~f of ~ VIR~ A A~CZA ~ JNQ, without the signature und the orlgfnol =t ~ropertj, ho~ been pro~ded. n~r~?~t? (~ ~ un~) ~ic~ may ruo,c Mec~ds has b~n mode by the ~r.. :~ by the 'd: ~ly ~ 1993. w/th the ~t(z~ of ~c~ ~d do~ ~t con=tlfute o 6[/60'd SO:g[ ~fl£ ORB 11::"171 131t ~.¥11101,1 ,It/~$$OGI~T~ linG. TI~I,:5~I ,~9,~ SKETCH OF DESCRIPTION ' 16' ALLEY ABANDONMENT (~'~r~rlr.~/wMa~or~~a ~..~t~ r-zo~, ta~r~Lr~,/~) ......... ~~,.;~7 ..... ................ [ - - -~1--.;.;~-- ~I~ ~ ~J L , . , ' ~ ~o,: ~ [~I-'[ LOT 17 LOT 3 16.0~ 1~ ~ LOt :7 9[/0[ '~ 90:9I 3fl~ 66-ll-A~ ORB 1::'171 I:'~ ES~ 91/lI'd OR~ 1E171 pg ~::)~9 ~Y.-lI'gO(TU£) 12e45 &¥1RON & A3SOCIAT£S IrC, T~L:551 394 7125 P, O04 SKETCH OF DESCRIP ON N.E. 5~ $~EET ABANDONMENT LAI~O DESCPJP T~OM 4 po~l~e of Sec~n ~. To~ ~$ ~ ~e ~ Easl. ~ a~ N~ 5Ih ~et, a ~ ~ol ~f- ~o~o ~rt~rl~ exf~n. 39.84 feet ~ o~ht oe ~ sg~h ~t-o[-~ ~ af S~ ~E. 5t~ Sfr~t md ~ of 1~ feet, o ~ ~ of 9D'3X'~ ~ ~ ~c ~l~ of ~3. ~ f~f t0 0 po~l on l~ ~f ~ghf-o f-woy ~. B~ f~f ~ u ~f On ~ flor~ ~t-o f-~ ~ of ~ N~ 51~ $~eet ~ ~ c~. ~ ~ re~s af I~ feet, o ~d ~ of ~'37'00" md ~ ~c ~t~ of 2~ ~ on~ ~ce5 be~ ~;~f w#h ~ ~h r~f~f-~y ~g of ;~ NE, 5th S~reeD; fh~ ~;~'35~ ~ the ~ul~ exile of s~ ~st ~f~ ~ 40, 16 feet ~ tM ~INT ~ 4. B~ ~Wn ~eon we ~ on ~e F~ ~nf of T~r~t~ ~f-W~ ~ of 9J/gl 'd Lo:gl ]fi& NAY.-IFg~CTUE) SKETCH OF DESCRTPT'/ON N.E, 5TH STREET ABANDONMENT R (/~.S. 1,) NORTH BOUND N.E. 6TH AVg. (~0' ~ F.D.O T. R,,'W ~P OF ROAD NO. 5, ~.~ECTTON 9301-20~ DA TE~, T/O /~$~ $ 01'OEt'$ ; 01'0~'35" E q0.16' 39,84' -1 16' W.~DE ALLEY R/W t. Jt~ HOFMAN ADDITION ~ HAILER ~ GROO TMAN'$ TO ~LRA ~ FLA. S~IV~I~ LO ~T 9 LOT 1 LOT ~ R=15.00' Z ~ R-I~O0' I A-23.40' LOT ~ ORB 1E~1"~1 pg EXHIBIT "D" ~OW EA~ElVlEI~T AREA ORB 1~--171 Pg 12:44 AVIROM It tS$OCl/tTI~$ II~E TEL:551 ~9~ 7125 F. OO3 SKETCH 'OF DESCRIP~ON ...... . ' 18' ALLEY ABANDONMENT N.E. ~ S~ (~' ~) 7"-__; 25 ~ [~l~ ~~t~ ......... ~~~ ~ , .o~a'~' w ~.o~ ~ ...... ~ - ~1~ ~ ~ I~1 T.~ ~ ;;.2?I ,,-.~:~'~:~-, ORB 1E~171 Pg I~ROPERTIE$ Gl/mT '..I rn,.at ~nl l~-lT-,(Ml.I LAND DESCRYPT.[ON: ORI~ 11'171 pg Lois L 2 md $, LESS fha weS1 I0 feel of said lots oral Leis 17 ~d I~ L~SS I~ ~1 5 feet of ~ Lots ~ LESS the ~l~n~ r~l-mf-wo~ for ~S. ~w~ ~, ~LL~ ~ GROOT~'S ~IVI~[~ occor~g lo Ih~ ~t thereof on f~ ~ the Off~'~ of fhg Clerk of fha ~c~f Co~/ ~ ~ff for P~m Beach Co~f~, Flot~o recorded ~ P/of Book 5. P~e 4; Se~ ~s ~fugfe, ~ md ~g ~ P~ Beech County, F~rldo. Lot 4, LESS the west 10 feet thereof for rood Hght-of-woy, I~LLER ~1~ GROOTMAN'S SUBDIVISION, ~ccordlng fo the Plot fherecf on f/te in Ihe Offke of/he Cler~ of fha C/rru# Court ~ end for Pe~n Beach County., Ftoriffo recorded ~ Plot Book 5, Page Lois $ md 9, of HO~MAN ADDITION TO DELR~ Y, ~'L~., occord~g lo f~ P~f ~ereo~ os recorded Off~ of ~e C~k of fha ~cuif Co~f ~ md for P~ Beth Co~fy, FbrMo, ~ Plo/8oo~ 5. Page ,~. LESS Ihaf ~r#on of t~ ~operfy previous~ conve~ ~c~ W~rmt~ ~ed deled De,tuber 30, I~59 ~d ~corded ~u~y ~, 1~60 ~ Off~ Re~s 8oo~ ~ P~e ~XI, ~s~eff os ~ west ~0 feel of Lois 8 ~ 9, ~N ~DO[T[~ TO D~RA ~ ~A. e~ o ~rfbn of Lot 8, ~MAN ~DZTiON TO DE~R~ Y, des~b~ os foEows, from o po~f on fha south J~e of s~d Lot 8, bcofed I0 f~ef gosferly from fh~ we~f of s~d Lot 8, ~ egsf~rly ~ong s~d aoufh ~ for o ~sl~ce of I4.84 f~f; thence r~ Norfhegsterly/~ong o curve co~ave fo fha norfh~sf o~ hgrhg o r~us of 15 fgcl for g ~f~ of 23. dO feet, t~ou~ o cenfr~ m~ of 89 de~ccs 2~ ~te~ ~ seco~s fo o ~f on o ~ D~Jel ~lh ~ I0 feel euslerly from fh~ ~e O/S~ Lot 8; t~ce r~ Seulh OI de~ee ~ ~utes 05 seconds East ~g sdd ~1 i~, for o of 14.84 feel to t~ POINT ~ ~GI~]NO, s~ ~s ~fe, /~h~ ~ be~ ~ P~ Beo~ County, Flor/da. Lei I0, LESS the v/esl I0 feel as c~n~eyed fo Ihe Stole of Flor/do in Official Records Book 51B, Page 56, Lot II and fha South Half (S I/2) of Lo/ II, LES5 fha wes/ I0 feel thereof, os oonve),ed fo fha Stole of FIowdo in Official Record5 Book 480, Page t17', I. IO~M~N ~IDD[T]ON TO DELRA T, FLA., accotOnE fo the Pt~t thereof, recorded in Roi Book fl. Page $, Pubic Records of PoJ'n Beech County, Flor/do. TOGETheR ~'~ot~ ~6 o~d g7,, HO~fv~4N ~4DD[TION TO ~LR~ FL~., ~co~ fo ~e Pbf thereof on f~ n the Off~e of t~ Cmr~ of ~ ~f Co~f ~ ~ for P~ 8~ ~mf~. F~ r~co~ ~ ~of 8oo~ 5, P~e 3; s~W sR~fe, ~g ~d b~ ~ ~ ae~h Comfy, Rhea. LESS f~ east 5 feel ~eof ~ ~S$ ~ ~ of ~ ~ Lot ~ ~re ~1~ ~scrbed uS folows: From o ~f on 1~ ~rlh ~e of s~ Lot Z6 bcof~d 5 fe~f Wesler~ from/he ~ff~osf corer of s~ Lot ~6, r~ Wesl~ly ~ s~ ~rlh ~ for I4.84 f~/; f~,~m ~uf~g~feWy ~ong g c~ue co~ove lo /he soufh~f ~ ~Wng o r~s of 15 f~cf for Z3,40 fcc//~ough o ~/r~ ~gle of 8~ ~ Z3 m~ute~ O0 seconds fo g po~f o~ · ~ ~ ~/fh ~ 5 fe~f ~esf~y ~om ~e ~osf ~e of s~ Lot ~6; f~e r~ North Ol ~ ~ute~ 3S ~nds Weal, ~ ~d ~e/om 14.~4 feel to ~e POINT ~ Al of Lot Z~ LESS the e~st 5 feel me, eof, ~he earth 18.0~1 f~f of ~ ~sf 8L07 feet of t~ ~sf 86.07 Net LoP 30 ~ I~ ~st 4&9~ fee/of s~ Lot ~ ~ t~ ~sf ~.gJ feel of Lo/31, ~N ~]T]~ TO The south 3L96 feet of fha e~st 86.0~ feel of Lot 30 one the ecst 86.07 feel of Lot 31, LESS/he east 5 feet, I-iO~MAN A~D~TION TO DELR~Q Y, I~L~., occord~ fo the P~of fhereo'f on f#e ~ fha Off/ce of fha Oer~ Of Ihe CJ'c~f Court in md fo.r Pokn Beach Courtly. Florida recorded ~ P/of Book 5, Page ~; said lands situate. I),i~ ~n~ ~ in ~ Beech Cou~tX, FIoWd~. · TOGETRER WIT~ Lo/5, H~4LLER ,4ND GROOTM~dN'S SUBOIVISIOfl. eccord~g fo the Fbi thereof on fie ~ t1~ Off/ce of Clerk of fha C~'cuif Coie-t in gn~ for F~/m Beo~h Co~tj~ F~rfffg re~ordeff in F~f Book ~, Page 4; sold Situate. I)~g gad I~e~g kt POf/n Beoc~ County, P-for/riO. SO/g0 'd bt :t'l flHl LEES the west I0 feel thereof conveyed fo lhe 5'late of Flatten for right-of-way of Slate Rood No. ~, [~ Lot 6, LESS the west I0 feet thereof conveyed to Stale of Flor/da for r/ghl-of-woy Of 5/Ote ROOd in Off/cio[ Records 8oak 48C~ Page I15. H~LLER 4ND C. ROOTMAIV'S SUBDIVISIOA(, eccor~'ng to thereof on f~e Jl the Off/ce of the C/er~ of the C~'C~I Coglrt in md for Po~l Oreck CosTly, Plot 80ok 3. Page 4; .~1i~ lands s#uofe, lying and De~g in Palm 8eec~ COmfy. F,~rido. The fo/low~g ~c$c~cd ~ ~tuo/eo ~g or~ berg in the Comfy of Pc~ Be~/ olKf Stole of F/or~o, fo wit: ~e~. o. po./..o.f the 60cre fr.,ocf convej~ed fo/Yoword ~ GoOel ~Id Elinor C~be/ by Dee~ of record/~ Deed Book r'oge o37~f lie Pu~c Records of P~'n 8each County, Fibr/d~ end being in the Northeast Quaffer I/4) of the Southwest ~uerfe~ f~, W, 1\4) of Eectlo~ 9, To~,~s/~p 46 Sou~. R~ge 43 East, ~ b~i~ more por/i~ufurl, v ~escribed os Lot I$ und ~ North O~e'-ff~f (IV** I/Z) of Lot IZ of file HOPIVIAIV ADOITIO/V TO OELRA W. ICA. as recorded ~ Plot Book 5. Pa~e .5, of the Pubt/c Records ofPot-n ~e~h County. Be/ag /he some load conveyed by Worronly Deed 1o /he Gronlor herein OX Hawed ~ GoD~ ~d El~or f~ G~bel. 1~ wife doled February I. 1954 end recorded i~ Deed Book 1043. Page 463, in the Office of the Clerk of the C~.cu~t Court, Palm 8e~h Couunty. Plorido, LESS end EXCEPTING tho/certain p~'col of/on~ c~flveyed by a ~oec/o~ Warranty Deed fram American ~'e/ephooe ~ Tefe.~rOl~h ComDony fo the Stale of Flatten d~fed M~rch 30, 1960 md recorded ~1 Deed Book 495, Page 64t, of the Clerk of Circu/t Cmu~l. ~ Beach County, Flor/do. ~elng more p~rticulerly described os fo#~w.~, Io wit: West lO feet of Lot I3 end the West I0 feel of the North Half tN. 1/2) of Lot 12. HO~IV~N ADDITION TO TO DELRA ); FLA., oc~rd~rg to #~ Plo! Ihereof, as recorde~ in P/of Book 5, Page .T, Palm 8ecch County, Pubic Records. ALSO EXCEPTING: , . on the north Eno of s~d Lot 13. located 10 feet Easter~ from the northwest corner of s~ fo the soull~eo~f ~d ho~g o r~s ~r ~ ,~..,~:,~-.~-~n ~..~ ~offferlv from thc west I~e of said Lot m~ules ~ sec~ ..... ~ .. ~o --~ules O~ ~econds West along s~d p~oflel ~e for 15, g6 feet fo the Lol 28, ~N A~ITi~ TO ~CRA ~ ~4,, ~r~g ~ f~ ~t f~eef on f~ k~ ~e Offer of ~e ~k of the ~f Co~l ~ ~d for P~ ~o~ Comfy, F~ m~d ~ P~f 8oak 5. P~e ~; S~E ~ sit. In. L~S A~ Ex.PT:* * East 5 f~t of Lot 2~. ~MAN A~[T[~ TO ~LRAY, F~.. ~cor~g fo ~ot l~reof, os recorded ~al ~ok 5, P~ 3, P~ B~ ~mfy ~ Re~rd~ conl~ 2~ s~e feet. ~re or es~, ORB EXHIBIT "F" DECLARATION OF UNITY OF TITLE 266 o61799 THU 09:03 FAX 561 278 4755 DEL BCH CTY ATT¥ ~** ~11~ HALL ORB 1::='171 p~ ~ OOZ Prepared By: P~TURN TO: R. Brian Shun. Esq. City Anomey's Office 200 lq.W, 1st AVellUe Delray Beach, Florida 33444 DECLARATION OF lJ'Nrli' OF TITLE KNOW ALL MEN BY THESE PRESENTS, that pursuant to the ordinances of the City of Delray Beach per~ining to the issuance of building permits and regulating building construction activities, the undersigned, being the fee owner(s) of the following described real property situated in the City of Delray Beach, County of PaLm Beach, State of Florida, to-wit: do(es) hereby make the following declarations of condition, limitation and restriction on said lands, hereinafter to be known and refen'ed to as a Declaration of Unity of Title, as to the following particulars: 1. That the aforesaid plot of combination of separate lots, plots, parcels, acreage or portions thereof, shall hereinafter be regarded and is hereby declared to be unified under one tire as an indivisible building site. 2. That rite said property shall henceforth be considered as one plat or parcel of land, and that no portion thereof shall be sold, assigned, transferred, conveyed or devised separately except in its entirety as one plot or parcel of land. The undersigned further agree(s) that this Declaration of Unity of Title shall constitute a covenant to run with the laud, as provided by law, and shall be binding upon the under- signed, their heirs, successors and assigns, and all parties claiming under until such time as the same may be released in writiug under the order of the Chief Building Official of the City of Delray Beach as provided in Section 7.1.3 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida. If the release is not given by the Chief Building Official, al~ appeal from such determination may be taken to the Board of Adjnstmeut. The undersigned also agree(s) that this instrument shall be placed of record hi the office of the Clerk of the Circuit Court of Palm Beach County, Horida. 06 17 99 THLI o9:04 F.~;. 561 Z78 4755 DEL Bth £TY A'I~¥ -*-*-* CiI~Y HALL Signed, sealed, witnessed and acknowledged this 199_, at , Florida. Wire, ss #1: ORB 1E~1'71 PO 1~,7 I~ROTHY H. #ILKEN~ CLERK PB COUNTY~ FL day of (name primed or type written) (name printed or type written) (address) Witness #2: (name printed or type written) State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this __ day of . 199_ by . who is personally known to me or who has produced (type of identification) and who did (did not) take an oath. Signature of Notary Public- State of lalorida Print, Type or Stamp Name of Notary Public TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER ,f", .~'~ ' L* NrN :.D ZO.,N , \ MEETING OF MAY 18, 1999 ABANDONMENT OF A PORTION OF N.E. 5TM STREET AND ALLEYWAYS ASSOCIATED WITH PUBLIX SUPERMARKET The requested action of the City Commission is approval of the abandonment of a th . portion of N.E. 5 Street between the Federal H~ghway pairs (N.E. 5th and N.E. 6th Avenues) and adjacent alleyways associated with the construction of a grocery store and 6,200 sq. ft. retail building. The portion of N.E. 5t~ Street to be abandoned lies between the Federal Highway pairs (N.E. 5th and N.E. 6t' Avenues). The north 25' of N.E. 5t~ Street was dedicated with the creation of the Hofman Addition Subdivision in June, 1943, and the south 25' was dedicated with the creation of Hailer and Grootman's Subdivision in July, 1913. The subject 16' wide alleyways are located between N.E. 5t~ and N.E. 6th Streets adjacent to Lots 8-13 and 26-31 (Hofman Addition Subdivision), and between N.E. 4th and N.E. 5th Streets adjacent to Lots 1-2, Lots 17-18, and Lots 1-6 (Hailer and Grootman's Subdivision). The south alley was previously 450' long. in 1990 the south 150' was abandoned and a 24' wide ingress/egress easement was provided to accommodate Walgreen's Pharmacy (Resolution #102-90). The applicant is requesting the abandonment of these rights-of-way to accommodate the construction of a 27,887 sq. ft. Publix Supermarket and a 6,200 sq. ft. retail building. A site plan for this development proposal is scheduled for the May 19, 1999 Site Plan Review and Appearance Board meeting. The attached P & Z staff report contains additional background and analysis of the abandonment request. The Planning and Zoning Board considered the abandonment request at its meeting of April 19, 1999 and several members of the public spoke regarding the abandonment, including Art Taylor of O.C. Taylor Motors, Mr. Chen of the Wok n' Go restaurant, and attorney Jay Deuschle representing Walgreens. Each had questions about the abandonment but none had objections. Mr. Deuschle stated that Walgreens wanted to ensure that access between the properties is available and that he be permitted to review the easement documents. The Board expressed their concerns that the right-of-way and alleys might be abandoned and the Publix store not constructed. After further discussion, the Board unanimously recommended approval of the abandonment on a 6-0 vote (Robin Bird and Alberta McCarthy absent), subject to the following conditions: City Commission Documentation Abandonment of a Portion of N.E. 5 Street and Alleyways for Publix Supermarket Page 2 (a) (b) (c) That replacement easements be provided to cover any utilities that remain within the alley. That an ingress/egress easement be provided within the portion of alleyway adjacent to Walgreens. That the abandonment is not effective and the resolution is not recorded until site plan approval is obtained and applications are submitted for building permits, and that language be contained within the resolution which further ties the abandonment to the construction of the Publix. The attached abandonment resolution provides for replacement easements for continued maintenance of any facilities within the abandonment areas. It also states that the properties must be combined under one ownership and site plan approval must be granted before the abandonment becomes effective. An easement agreement is being drawn up separately to provide cross-access with Walgreens. Some issues remain, however, with the condition regarding the timing of the abandonment. It is possible that the properties can be combined under one ownership and site plan approval granted, however, that does not guarantee that the project will go forward. If the project does not go forward and the properties were sold off separately, cross access and access to the rear of the properties would be deficient. The applicant has been reluctant to strengthen the language due to concerns expressed by the title insurance company and the lender. The applicant will be available at the meeting to discuss these issues, and what if anything can be done to guarantee that the abandonment will not result in a diminishment of access to any property. Consideration of the abandonment resolution. Attachments: · Planning and Zoning Staff Report · Resolution PLANNING AND ZONING BOARD CITY OF DELI:LAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: April 19, t999 IV.A. Abandonment of N.E. 5~ Street, Lying Between N.E. 5t* and N.E. 6t~ Avenues (Federal Highway Pairs); the North-South Alleyway Lying Between N.E. 5'* and N.E. 6TM Streets; and, the North-South Alleyway Lying Between N.E. 4TM and N.E. 5TM Streets Associated with the Proposed Publix Grocery Store. ,~ENERAL DATA: Applicant ........................................ E~uity Partners Four, Inc. Agent .............................................. Equity Partners, Inc, Properly Size ................................. Existing Future Land Use Map Designation .................................... Commercial Core Current Zoning ............................... GC (General Commercial) Adjacent Zoning ................... Norlh: AC (Automotive Commercial) & GC East: South: West: Existing Land Use .......................... Proposed Land Use ....................... GC GC GC Improved right-of-ways Abandonment of the right-of-ways to incorporate the area as part, of a new Publix development proposal. Water Service .............................. nla Sewer Service ................................ n/s IV.A, The item before the Board is that of making a recommendation to the City Commission for the proposed abandonment of N.E. 5th Street between the Federal Highway pairs (N.E. 5th and N.E. 6th Avenues) and alleyways within the Hofman Addition and Hailer and Grootman's Subdivisions. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. The portion of N.E. 5th Street to be abandoned lies between the Federal Highway pairs (N.E. 5t' and N.E. 6~h Avenues). The north 25' of N.E. 5~' Street was dedicated with the creation of the Hofman Addition Subdivision in June, 1943, and the south 25' was dedicated with the creation of Hailer and Grootman's Subdivision in July, 1913. This section of roadway is improved and provides access to the Federal Highway pairs and abutting north and south alleyways. The subject 16' wide alleyways are located between N.E. 5~ and N.E. 6th Streets adjacent to Lots 8-13 and 26-31 (Hofman Addition to Delray, Fla. Subdivision), and between N.E. 4th and N.E. 5t' Streets adjacent to Lots 1-2, Lots 17-18, and Lots 1-6 (Hailer and Grootman's Subdivision). The south alley was previously 450' long. In 1990 the south 150' was abandoned and a 24' wide ingress/egress easement was provided to accommodate Walgreen's Pharmacy (Resolution #102-90). The alleyways are improved and used to access adjacent properties and roadways (N.E. 4~ and N.E. 6t' Streets). Overhead utility lines are located within the alleyways. The areas proposed for abandonment are the portion of N.E. 5th Street between the Federal Highway pairs, a 324.80' long alleyway north of N.E. 5~ Street, and a 300' alleyway to the south. The properties adjacent to the abandonment areas (excluding Walgreen's) are in the process of being aggregated under one ownership. The abandonment of the street and alleys will accommodate installation of building square footage, driveways, parking areas, landscaping, and brick pavers. The abandonment is being requested to allow for a unified development of the site, and to improve traffic circulation within the new parking areas. A site development plan for the establishment of a Publix Supermarket and freestanding retail building on adjacent lots is being processed along with the abandonment request. The lots are currently developed with commercial buildings (Sumerland Pools, Wok n' Go, Little Mermaid Restaurant), auto sales, rental and repair (Delray Kawasaki, Aubrey Auto Sales), and single family and multifamily P&Z Staff Report Abandonment of a Portion of N.E. 5th Street and Alleyways in Association with Publix Page 2 residences. A vacant lot is located at the southwest corner of N.E. 5th Street and N.E. 6th Avenue. The proposal is to redevelop these adjacent parcels to accommodate a grocery store and retail building and includes the following improvements: Demolition of existing structures and construction of a 27,887 sq. ft. grocery store and 6,200 sq. ft. retail building; Installation of parking lots consisting of 171 spaces with brick paver pedestrian walkways; and, Installation of associated landscaping, drainage, and lighting improvements. The portion of N.E. 5th Street to be abandoned is 50' wide, and the subject alleys are 16' in width. Pursuant to LDR Section 2.4.6(O)(1), public property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels when abandoned. The southernmost 200' of alley will be divided between the applicant and Walgreen's; the remaining right-of-way will revert to the applicant. The alleys and N.E. 5th Street are accessed by service vehicles, customers, owners and employees of the businesses which abut the alley, and are used to access adjacent roadways (N.E. 5th and N.E. 6th Avenues, N.E. 4th and N.E. 6th Streets). Utilities: Water and Sewer: City services are located within the alleyways to be abandoned, including a 2" water main and 8" sewer main. The City's Environmental Services Department has reviewed the request and indicated that the existing water main must be abandoned from N.E. 4th Street to N.E. 6th Street. The existing 8" water main along N.E. 6th Avenue must be extended to N.E. 6th Street, and the existing 2" water main must be reconnected at the intersection of N.E. 6th Street and mid-block alley. A 12' easement must be provided over the new water main. The existing sewer main must be relocated to provide adequate clearance from the proposed Publix building. A 12' easement over the existing and relocated sanitary sewer mains will be required. P&Z Staff Report Abandonment of a Portion of N.E. 5t~ Street and Alleyways in Association with Publix Page 3 Electric, Telephone, Cab/e: All utility companies have been contacted and replacement easements will be required to cover existing FPL and Adelphia cable services within the alleyways (no response has been received from BellSouth). Fire Hydrants: Adequate fire suppression is available via a proposed fire hydrant at the southwest corner of N.E. 6th Street and N.E. 5th Avenue. An existing fire hydrant located approximately 100' south of the southwest corner of N.E. 5th Avenue and N.E. 5th Street. Access: Currently, N.E. 5th Street and the alleys are paved and provide access between abutting properties, and between N.E. 4th and N.E. 6th Streets and the Federal Highway pairs. The site development plan calls for N.E. 5t~ Street to be replaced by a portion of parking area. However, a 24' wide drive aisle connecting the parking areas and providing access between the Federal Highway pairs will be provided approximately 70' south of the abandoned street. The alley to be abandoned north of N.E. 5~h Street will be incorporated into parking and landscape areas, and building footprint. The portion of alley abutting Walgreen's will remain open, thereby allowing continued access to N.E. 4th Street, and cross access between Walgreen's and Publix. An ingress/egress easement providing access between Walgreen's and the new Publix is attached as a condition of approval. The Board may want to consider requiring an access easement over the proposed eastJwest drive aisle within the Publix development, thereby guaranteeing continuous access between the Federal Highway Pairs. The owner of the Walgreen's property submitted a letter stating concern over the abandonment of the alley south of N.E. 5th Street and its impact on traffic flow, loading and unloading, and trash collection. The dumpster for Walgreen's is located on the north side of the building within an abutting driveway area with access to N.E. 6th Avenue and the alleyway. BFI and vehicles loading or unloading items for Walgreen's will be able to continue to use the alleyway, and access N.E. 6th Avenue via the driveway. As previously indicated, this section of alleyway to be abandoned will remain open, allowing cross access between Walgreen's and Publix. Based upon the above, the abandonment should not affect negatively affect loading/unloading, traffic flow, or trash collection. P&Z Staff Report Abandonment of a Portion of NE. 5th Street and Alleyways in Association with Publix Page 4 ~ Site Plan Review: 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, site plan approval must be obtained and applications for building permits issued and applications for building permits issued. COMPREHENSIVE PLAN: 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. Currently, N.E. 5th Street and the alleys are used by service delivery vehicles, customers, business owners, and employees. In addition, utilities are currently located within the alleys. With the redevelopment of the adjacent lots, access will continue to be provided to the Federal Highway pairs. Easements will be required to cover existing utilities, and to maintain access between the Walgreen's and Publix sites. 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 subject portion of N.E. 5th Street and alleyways are improved and currently used for access. The applicant will own the properties on both sides of the subject abandonment areas with the exception of Walgreen's. The site plan for the development of the abutting parcels indicates that building, parking and landscape areas will be installed within the abandonment area. Continued vehicular and pedestrian access will be provided to N.E. 5th and N.E. 6th Avenues via proposed parking lot driveways. The portion of alley to be abandoned adjacent to Walgreen's will remain open, and an ingress/egress easement permitting cross access between Publix and Walgreen's is required as a condition of approval. B) That the abandonment does not, nor will not, prevent access to a lot of record. P&Z Staff Report Abandonment of a Portion ofN.E. 5th Street and Alleyways in Association with Publix Page 5 -- Both sides of the majority of the abandonment areas will be under common ownership, and the abandonment will not prevent access to a lot of record. Access to Walgreen's will be maintained via existing driveways on site from NE. 4th Street, and N.E. 5th and N.E. 6th Avenues. 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, Replacement easements will be required to cover existing and new services within the alleyways and is attached as a condition of approval. Community Redevelopment Agency: The project is located within the CRA area. The CRA Board reviewed the request at its meeting of April 8, 1999 and recommended approval of the project. The subject alleyways and N.E. 5th Street are improved and provide access to N.E. 5th and 6th Avenues, N.E. 4th and N.E. 6th Streets, and abutting properties. The purpose of the abandonment is to incorporate the subject area for the redevelopment of adjacent parcels to accommodate a new Publix store and retail space. By abandoning the alleys and roadway, the development will be unified and used for internal vehicular circulation. Cross access between the new Publix and Walgreen's will be possible via the provision of an ingress/egress easement. Replacement easements will be required to cover existing and new utilities within the alleyways. 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 any utilities that remain within the alley. P&Z Staff Report Abandonment of a Portion of N.E. 5th Street and Alleyways in Association with Publix Page 6 b. That an ingress/egress easement be provided within the portion of alleyway adjacent to Walgreen's. That the abandonment is not effective and the resolution is not recorded until site plan approval is obtained and applications are submitted for building permits. 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 N.E. 5th Street and adjacent alleyways 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 any utilities that remain within the alley. 2. That an ingress/egress easement be provided within the portion of alleyway adjacent to Walgreen's. 3. That the abandonment is not effective and the resolution is not recorded until site plan approval is obtained and applications are submitted for building permits. Attachments: · Location Map · Survey · Site Plan for Publix Supermarket · Letter from Mr. Jay B. Deuschle, President, D & B Ventures filename: u:\grahamc~pzrep\Publixab.doc BUSH ~.£. WAL - GREENS 4TH BOULEVARD T'~ N.E. 7TH CT. 7TH ST. VINCENT'S CHURCH ACURA OF DELRAY BEACH 3RE N.E. 6TH ST. 5TH ~T.L~ ST¸ N - PROPOSED ABANDONMENTS FOR PUBLIX - (16' North/South Alleyways And A Portion of N.E. 5th Street) D & B Ventures 1100 N'E 45th Street -'- Fort Lauderdale, FL 33334-3814 Phone 954-942-0348 Fax 954-771-9865 April 1, 1999 Via Certified Mail Receipt No. Z 3~9 117 Q ~ Planning & Zoning Department City of Delray Beach 100 NW First Avenue Delray Beach, FL RE: Walgreen's Store No. 025h7 ~30 NE Sixth Avenue Delray Beach, Florida 33483 Dear Sirs: This office recently received a Notice of Abandonment of right-of-way (Public Notice No. 1999-112). We are the owners of the Walgreen's property immediately adjacent to the southeast of the proposed abandonment. Obviously, we are concerned with the traffic flow in and around the Walgreen's store. This alleyway is a vital element to the traffic flow, loading and unloading, and dumpster pick-up. We will vehemently object to any proposal that will adversely affect the traffic flow around the store. Although we have not been contacted by the "Publix developer", I have reviewed the very preliminary proposed site plan at Delray City Hall. It appears from the site plan that no consideration has been made for the abandonment or traffic flow (i.e. truck turning radii) to and from the Walgreen's store. Unless and until we are satisfied that the proposed abandonment will not now nor in the perpetual future adversely affect ingress/egress to our property, we will strongly oppose any alterations. Sincerely, D & B VENTURES, a Florida General Jay B. Deuschle President Partnership RECEIV PUNNING & ZONING RESOLUTION NO. 28-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ("CITY") VACATING AND ABANDONING THE ALLEY MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO ("SOUTH ALLEY"), BUT RESERVNG AND RETAINING TO THE CITY A UTILITY EASEMENT FOR EXISTING PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA OF SAID SOUTH ALLEY; ALSO VACATING AND ABANDONING THE ALLEY MORE PARTICULARLY DESCRIBED ON EXHIBIT "B" ATTACHED HERETO ("NORTH ALLEY"), BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR EXISTING PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA OF SAID NORTH ALLEY; ALSO VACATING AND ABANDONING ALL THAT PORTION OF N.E. 5TM STREET AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "C" ATTACHED HERETO ("ROW"), BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR EXISTING PUBLIC AND PRIVATE UTILITIES THROUGH THAT PORTION OF THE ROW GRAPHICALLy DESCRIBED ON EXHIBIT "D" ATTACHED HERETO ("ROW EASEMENT AREA"). WHEREAS, the City received an application for abandonment of the South Alley; and WHEREAS, the City also received an application for abandonment of the North Alley; and WEREAS, the City also received an application for abandonment of the ROW; and WHEREAS, the City Commission of the City fmds that its interest in the described property is no longer needed for the public good or purpose and deems it to be in the best interest of the City to vacate and abandon (for roadway purposes only, it being the intention that the City's rights in and to the utility easements herein reserved are not so being abandoned and vacated) the North Alley, the South Alley and the ROW, based upon positive findings pursuant to LDR Section 2.4.6(O)(5), but the City does not abandon and retains and reserves unto itself a utility easement over the entire area of the North Alley, the South Alley and the ROW Easement Area, 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 within such areas, whether owned by the City or private corporations; and WHEREAS, it is the intent of the City Commission of the City that this resolution not be recorded until the developer of the project contemplated by the "Site an (as hereinafter defined), Equity Partners P1 " ' Seven, Ltd., a Florida limited partnership ("Developer"), owns all of the properties more particularly described on Exhibit "E" attached hereto ("Properly"); it being acknowledged, that once all of said properties are owned by said developer, this condition shall be deemed satisfied; and WHEREAS, the Developer has represented to the City that it intends to plat the Property, together with the North Alley, the ROW and the west half of the South Alley, as one tract (collectively the "Development Site"); and WHEREAS, the City has relied on this representation in the abandonment of the North Alley, South Alley and ROW; and WHEREAS, it is the intent of the City Commission of the City that this resolution not be recorded until that certain site plan submitted to the City under City submission no. 99-113-SPF-SPR, sheet SP.01 of site plan, dated March 18, 1999 and prepared by Marc Weiner ("Site Plan") is approved by the City; it being acknowledged that upon approval of the Site Plan by the City, the City shall forthwith record in the Public Records of Palm Beach County, Florida, a resolution from the City evidencing the approval of the Site Plan, and upon recordation of said resolution, this condition shall be deemed satisfied; and WHEREAS, it is the intent of the City Commission that, in the event the foregoing two conditions are not satisfied on or prior to a date which is one (1) year fi'om the date this resolution is approved by the City Commission, the City Commission may revoke this resolution; which revocation shall be evidenced by a resolution of the City for such purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Section 177.101 (5) and Chapter 166 of the Florida Statutes, the City hereby vacates and abandons (for roadway purposes only, it being the intention that the City's rights in and to the utility easements herein reserved are not so being abandoned or vacated) all fight and interest it holds in and to the North Alley, the South Alley and the ROW, but does not abandon and retains and reserves unto itself, a utility easement over the entire area of the North Alley, the South Alley and the ROW Easement Area 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 within such areas, whether owned by the City or private corporations. Section 3. In the event the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities lying within the easements herein reserved are, in the future, relocated pursuant to applicable permits obtained from the applicable governmental authority having jurisdiction thereof, the City hereby agrees that the easements herein reserved shall be vacated and abandoned by appropriate action of the City Commission, it being acknowledged that in such event, the easements reserved herein will no longer be needed for the public good or purpose. 2 RES. NO. 28-99 [)IL~ 0~ XH/X~] £0:9I ~& 66/II/~0 EXHIBIT"A" SOUTH ALLEY ~A~.-II'99(TUE) 12:47 AV1RON & ASSOCIATES INC. 7123 ?.006 SKETCH OF DESCRIPTION OF 16.OO FOOT ALLEY WAY CONTZ~LJoU~ TO LOTS 3, &. 5 AND 6. HALLER AND GROOTMAN'$ SUI~DZVISTON & TRACT "A', DUBLIN PROPERT[E~ ~, LTD, LAND DESCRIPTION: /~ portion of e I~.00 foot Alley if'ay b=~ Lo~= -T 4. 5 and ~, HALLER AND GROO~AN'~ Records of Polm Beach Count~ Fluid;, and Tract "A~ DUBLIN PFFOPE~FI~ I, L~., occord~g Jo the Pl~t ~he~eof o~ recorded i~ Plot Boo~ ~ Pa~ 204 of the Public ~ecords of Polm ~each ~u~t~ FI;fido, m~ p~rtieul=dy de~dbe8 ~s follows: COMMENCING ot the l~theaet corner of said Tract 'A"; ther~cs eEIEt~28'25'W, alan9 the north line of =oM Tro~t 'A~ 130.00 f~et to the norfhwe~J corner of ~old Tract 'A" end the POINT OP BEG:NNING; thence S01~B'35"E, =long the weal line of ~M Tract "A'~ 20000 feet ~o a pol~t olo~0 the east line of sold Lots 3, 4. 5 and 6, o distance of 200.00 ~et to t~e northeast cor~er of ~oid L~t ~; three NBg~B'25"E. along the east;My extension ~f the nargh line of S¢~id Imld$ I~fn9 and situate in the City of De/ray Beach, Palm Beac~ Count~ FlcrI~=, contdnlng ~,~DO square feet. O~O7.T acre;, m~'e or less. NO TES~' ~. Ffeproducticms of this ~ketch ore not volid without the ~i~noture and the oMginal Z. No ~tfe Opinion or Ab3truct to the =ub~ct pr~ert~ ha= been provided, It ~hat there o~ Deeds, Bosom;nfs, or other h~t~ment= (recorded or unr~=~d~J which ~e I~d description sho~ he. on was p~pored by the 4. ~ar~gs s~wn ~ere~ ~e Da~e~ o~ ih; fl~i~a D~ar~nf ~f Tra~porloll~ Map of Rood N~ 5, Section 9J0~-206. dat~: Juf~ ~ 1959, with the ~nterline of A~nue, hgv~9 e be~ie~ of 6. Abbrev=t/on Legend: A~. -- A~nu? ~ - Centedlne; ~D.Q ~ = Rorldo D~o~ent CER TIFICA 770N: I HEREBY CERT'[FY f~at ~e attached S~eteh and Decoration of the here~ descr~ pr;pert , is March 25, 1999. I ~R~ER CERTZFY thor thio Sketch and Description meet~ the Mlnln ~ Tech~l~l Standards set forth In Chapter 61G17-~, ~ori~ Admtnist~tive Code. ~ursuqnl · [~Z~ ON ~a/~] ~0:9[ A~ 66/~/~0 ~AY.-ll'99{TUE) 12:4~ AVIROH&ASSOC[ATE$ [NC, 394 7125 ?,007 SKETCH OF DESCRIPTION OF 16.O0 FOOT ALLEY WAY CONTIGUOUS TO LOTS 3,, 4., .5 AN[:) ~, HALl_ER AND GROOTMAN'S b'IJBDi'V~S[ON &: TRACT "A", DU~ILTN PROPERTIES T, LID, ... N.E'. §TH S_T..(50' tt3t ~_ LOT 17 I~ ~o.r~ u~g N a9"28'25" .~, ~-~~.~ ~r3 ~ ?, ~ ~. ~ * , '- ~ S ~'~5" w ~.,30,OO_'~-;_ '~O I TRACT "A" TR A C T "a" ~ 5 89~8'Z5" W DUeLIN I~ 16.00' I PROPERTIES I, I I CP,B. 67. PG. 20~ - I I E, aST~ y Ex1~llvsK.~ MAY.-ll'99(TUE) 12:43 AVIROM& ASSOCIATES INa, TEL:e61 394 7125 ?,002 SKETCH OF DESCRIPTION 16' ALLEY ABANDONMENT LAND OESCRZP T~ON: A t~.O0 foot R/lev F/Dy ~etween Lots 8 through I$ and Lof= 26 through 31, HOFMAN ADDISON ~ DEL~A ~ F~., ~cording to the Plot threat aa ~c~e~ ~ Plat Book 5, Page 3 of the Pub/i= Records of Palm Beach Count~ Flor/do. TOGE~ER ~ o ~ortion of o 16.00 foot Allay Way Count~ ~orldo, more particularly described ~ follow=; COMMENCING at the centerline intersection of N.£, 6th Aeenue (U.E, Highway One - North Bounds o 60 foot r~ght--of--way and N.~, 5th $~eet e ~0.00 foo~ ~[ght--of--w~ o9 ~own o~ F/or/do 19~9; thence eag~a'25"~ al~ toe ¢ent~ine of.==i~ N.~. 5th $treet, 16~00 fee~ ~ ~olnt herinafter re.treE to 0~ RE~N~ POZNT '~ ; ~hence N0~8'35'~ 25.00 feet to t~ co. er of sui~ LOt 8; thence N01~8'~5'~ = distance of ~.~0 ~eet to the northeast ==r~ ~r of sold Lot 15; thence N89~8'25'~ ~o~ the eaeterlj/ extension of the north line of said L, d/stance of 324~B0 feet to the POINT OF BEG TOGETHER lg~lH: 3ng the east //ne of said Leto ~ through t I~. a d/atonce of 15.00 feet to t~e northwes~ COMM£NCZNO a~ th~ afar=mentioned RE7r'~RENCEtPO~NT ~A? th~ce S01~B'35"~ 25.00 ~=t to ~est ~ Ff,~ Lot I~. ~nd ~hF POINT OF 8EGINNZNG; th~ce 501~8'J5"~ along thc NBg~B'25"E, along the eest~y exten~on of .the north line of sam Lot 1, a distance of 18.00 land= lying and =ltuote fn the City of 6.791 s¢~uore feet. 0.156 acres, mare or le=s. fairly Beach, Palm Beach Count~ F/or/do, cant;ln/ng Repro{3uctlons o1' this Sketch ore not without the signature =nd the or/g/not seal of o Florida licensed surveyor ~nd maker, affect the sub~t p~e~ NO s~r~ Of t~ Public Record~ has been m~de by the Dataeo~ndor~$hOw~ur~ereon wo~ cempged from ~ment(s) of raced and do~ net ~on~t/~ute Abbrev~tio~ Leg~d: A~ = A~nue; C Centerlifle; ~D,O.~ = Florida Deport~enr at Transportation; L.B. = Liceosed Business; p. ~ Ploh P.E. ~ Plat ~ook; P.D,C.R. = Palm B~ch County Records: P.O.~_ ~ Po~t of ~eg~nn/ng; P.O.C. -- Poet of R/W = ~lgA J--of-- ~ ~ = ~ectlon. NO I. 6, C~R TIFICA T~ON: % HE~EB~' CEFITY~'y that the ettoehe~ Skotc. h and Oe=cr/ption of the h~ d=scr~ed prop~t~ [~ true and co~ect to the be~t of my knowledge on~ barfer o~ p~pared under ~ direction o~ [~TZ~ O~ X~/~] ~0:9I ~,r'LL 66/~T/~0 ~ SKETCH OF DESCRIPTION J,. 16'ALLEY ABANDONMENT ' ' ~ ~N 89~8 2fi E [~IL~ ON X~/X£] eo:gI ~£ §$/TI/~O 9£/[['d · 90:9[ ~0:91 ~fl~ 66/II/~0 AVIROM & ASSOCIATES INC. TEL:~,G! ~94 7125 SKETCH OF DESCRIPTION N.E. 5TH STREET ABANDONMENT P, 004 LAND DESCRIP T-ION: A portion of Section 9, ToinmslfO 4£ South. R?mge 4,~ East, aflown a~ N.E. 5th 3~eet, o 50 foot r~t-af- w~ on f~ g~ ~f of T~ort~n ~f~f-Woy ~ of ~ ~, 5. ~f~n 9501-E~ ~fed ~1X I, ~959, ~ the City of De~ny Beach, P~ ~h County, ~r~ more parfJcd~ descried ag ~otows: r~l-of-~y ~ sfio~n On s~ ~t-of-Way M~ ~ s~ NE. 5ih Slreeb t~e S~28 ~5 W, ~ng ~e northerly e~f~sion, fhenco ~rfh~sterly ~ the arc of said a~ve, hov~g a g~s o/ tS.~ feet. 0 central ~gle Of ~ f;n;enf ~rve, concave to ~f ~f-of-w~ /~e of NE, gib Av~ ~ ~ ~ -South ~mdJ a 60 foot ~flht~f-~y ~ shown on ~ ~t~f-Wa~ ~f right-of-way to O polnl on t~ ~ Of a t~t cwo, ~ fo t~ ~rth~Sf; thence ~rl~e~le~ a~ng t~ ~c of ~d c~ve, and ~fan~e5 be~ ~nf with ~c ~rfh r~f~f-~oy I~c of ae~ N.E. 5th StreefJ; fhe~e EO~'OE'~5'~ 3ertl f~gs lyk~g ~n~ situate in the City of Oetroy t~each~ Prgrn Beth County. ~ ~ant~ 13, 743 s~e f~ ~516 ~reS, mom or NO ~ ~ensed s~yor ~d m~er. E, NO Title ~ or ~t~t to t~ s~ct ~o~rty ~ fleen ~o~ ]t ~ ~os~le that the~ ere 3. T~ ~ ~scr~t~n aho~ ~eon 4. Bee~;s shown ~eon we ~e~ ~ A~feviaf~n Legan~ A = Arc L~' CERTIF'ICAT$ON~ I 1.85RE8~' CERTJ~Y that the ~tloched Sketcll ~n~ De~flon ef ~ ~n ~scr~8 ~ty I~ true EXHIBIT "B" NORTH ALLK¥ 9 I/l~O 'd qo: 91 ~I~I,L 66- [ I · [~I~90~ X~/X~] MtY,-II'99iTOE) 12:46 ~0:9I ~115 66/II/~0 AVIRO~ I IS~OGIATBN fIG. TEL:S§I 394 712~ SKETCH Of DESCRIPTION N.E:. 5TH STREET ABANDONMENT ?,00~ ~CALE; 1' = 40' (U.S. 1) NORTH BOUND N.E. 6TH AVE. (60' RI/W) CP~R r.O.O.T. R/W ~4P c~ ROmp NO. 5, S~CnrON ;-~01-206 ~ r~, S 01°08'~5'' E '-~ R=I~.O0' ~--90°37' 00" HOFMAN AODITZON TO DELRA T, F'L~, fP.~, 5, If/, $ - LOT '~0 LoT 51 { R/W LIlVE I~' WIDE ALLEY (P.) CENTE~-INE ~rrE~l~C rlC.~ N.F ~'~1 JIVE, ~- I~. li'l'l-I .~TRIiET 01°08'35'' E 39,84' · 15.00' 16' WIDE ALLEY (~.J W~$T HOmMAN ADDITION TO DELRA Y, FLA. LOT 9., LOT 8 ~-89'23'( Z N 01'0f'~5" W 50U TH R/W L,t~E A'23.7I' HALLER & GROOTMAN'$ SUBDIVISION LOT I LOT R R-15~00' I I / LOT ~ EXHIBIT "D" ROW EA~E1V~NTAREA /bT ',-I NAY,-ll'~(TUE) 12:44 ~¥1RO~& ~S~OGI~T~$ lNG. ?EL:~I SKE~clH '10F~ 6ESCRZP'I'[O. 16' ALLEY ABANDONMENT N.E. ~ SK ~o' R~) LOT. ~ LOT ~ --~ ~ car ~ 8~825 E LOT 1 E~S~ON LOT2 o m LOT17 LD~ I LAND DESCRIPTION: Lots L 2 and 3. LESS fha west I0 feel of sdd lots orW Lois 17 and 18, LESS the east 5 feet of sow Lots and LESS fha odd/f/anal right-of-way far U.S. H/ghwny One, HALLER AND GROOTMAN'5 5UBDIVIS[OIV, accor~'ng to lhe ?l~f thereof on file in fha Office of fha Clerk of the C/rcui( Court in and for Pdm Beech County, Florida recorded in Plot Book 5. Page 4; s~'d lands situate, lying and Doing in Palm 8each County, Flor/do. Lot 4, LESS the west I0 feet thereof for rood right-of-way, H4LLER AND GROOTMAN'5 SU6DIVI$ION, according fo the ?lo! fllereof on file in fha Off/ce of the Clerk of the Ckcui! Court in and for Palm Beach Couilty. Florida recorded in Plot Book 5, Page 4: said lands situate, lying and being in Palm 8each County. F/owdm. Lots $ and 9, of HOFMAN ADDITION TO DELRA Y, FL~., according to fha Plat thereo£ os recorded in lhe Office of fha Clerk of l/lo Circuit Courl in and for Palm Beach County, Florida, in Plat Book 5. Page 3. LESS thai porflon of fha properly previously conveyed/by Special Warranly Deed doted December 30, 1959 and recorded Januury 4, Ia60 in Off/c~'d Records 8oak 44~, Page 37~, described oS fha west I0 feel of bols 8 and .9, HOFMAN ADUITION TO DELRA Y, FLA. and a portion of Lot 8, HOFMAN ADDITION TO DELR~ Y, FL~., described os follows, from o pain! on fha south line of sow Lot 8, located 10 feel easterly from the west line of said Lot 8, run easterly dong sdd south line for a distance of 14.84 feet; thence run Northeasterly/along a curve concave to the norfheos! and having 0 radius of I~ feel for a distance of 23.40 feet, through o central anFle of 89 degrees 23 ainu/es O0 second~ fo o point on a //ne para#el ~vi/h and 10 feel euslerly Porn the E~le of said Lot 8; thence run South Of degree O~ minutes 05 seconds East along sdd p~rollel J'ne, for o distance of 14_~4 feet to the PO]iVT OF BEGINNINO, saiE lands s/fuate~ /.ying and be/n~ in Palm Beach County, Flor/do. AND Lot 10, LES$ fha west I0 feel as convoyed fo fha Slate of Flor/do/n Official Records Book 51~, Page 56, Lot 11 and the South Half (S 1/2) of Lot I~, LES5 the wesl I0 feel fheroof, os conveyed to the Slate of Flor/da in Off/cid Records Bool~ 480, Page 117, NOFM~N ~DDITION TO DELRA T, FLA., according fo the Plot thereof, recorded in Pla! Book 5, Page $o ?ublic Records of Pokn Beach County, Florida. TOGETH~ WTT~, v~of~ ~6 ~nd ~7,, HOFMAN 400ITION TO D~LRA )', FLA,, occ'or¢~ fq Ina Plqf thereof on rile ~ the Office of fha E~rk of fha~ Circuit C~f ~ ~d for Pdm Beg~ County, Floridq recorded in P/~f BoOk 5. P~ge 3; sdd /ond~ situate, ly~g ~d bei~ in Pdm Beach Co~fy, Flor/do. LESS fh~ e~sf 5 feel thereof ~ LESS ~ p~cel of (o~d ~ Lot 2~ n~re pqrl(~lorly d~scrifled oS fo~qws: From o pouf on fha north ~e of said LOt 26 located 5 feet Wesfer~ from fha nortfle~st corner of sold Lb/26, run WesfeWy dong sold north line for f4.84 feet; fhe~e,t~ SoutheosfeWy dong g c~ve concave to the southwest and having ~ radius of 15 fecf for ~3,40 fcct through o ce, hal oRgle of 83 degree5 ~ minutes O0 seconds fo ~ point on g I~e p~dlel with ~d 5 feel westerly from fha east ~e of s~d Lot 26: thence r~ North Ol'degree~ 08 ainu/es 35 seconds Wes/, dong sam p~rdlel lin~ for 14.84 feel/o fha POINT OF BEGINNING. TOGETHER WITH A~ of Lot Z~. LES3 the east 5 feel thereof, h~e north 18.04 feet of the west 8L07 feet of the east 86.07 feet ~f Lot 30 ,~ the ~s} 4~.9~ feet of sdd Lot ~0 ~d the 'west 48.9~ fee/of Lot 31. HOFMAN ~]T~ON TO P~ 8e~ch Co,fy, F/or/do r~orded in P/of ~ook ~, Page ~; s~d Ionds situate,/y~g and bein~ in Pq/m 8e~ch ' ' * [SIL~ ON X~/X£] 9T:FT ~H~ 66/~T/GO LES5 the west Ia feet thereof conveyed fo fha 3'tOfe of Flor/do for r~qhf-Of-woy of Stole Rood No. 5, in Officlal Records Book 480. Pog~ 115. of the Publ/c Pecomd~ of Palm Beach CounfF. FTotldo. Lot 6, LESS the west I0 feet thereof conveyed fo Stole of Flor/do for right-of-way of 5iDle Rood No. /n Off/cid Records Book 480, Page 113, N~L L ER AND GROO TM4N' S SU~DI V~$]Oi~, according fo the thereof on f//e in the Office of the Clerk of the C/moult Court in and for Po/rn Gooch Cou~fy, Flor/do recorded in P/of BOOk 3, Page 4; sold fonds situate, lying and being in Pate Beach County, Florida. TOGETHER WITH The fatlo~ing described land, situate, ly~qg and being in lhe Counf~. of Poi, r, Bec~cf, o//d Stole of F/or/do, lo wi/: Being a porl of t~e 6 acre tr.?cf conveyed to Howard H. Oobel and E#nor Gube/ by Deed of record tn Deed Boo~ 747, Page 357~of the Public Records of Palm Beach County, Florida, and being in fha ~/orfheo$t Ouorter (N.~ I/4) of the $ou/hwes! Ouorter ($.W. I\4) of Section 9, Townsh~ 46 South, Range 43 ~osf, and be/mO mote pqrficulorfy described os fo/lows: Lot 13 and fha IVorlh One-Half [IV. I~E) of Lot I~ of the HOFMAIV ADDITIOIV TO DELRA Y, FLA., os recorded in Plot Book 5, Page $, of fha Public Records of Palm Beach County, Florida, Betbg Ihe some land conveyed by Warranty Deed Io lhe Grol~lor herein by Howard ~ Gubd end E#nor H. Gobd. I~'~ wife dofed Februory I, 1954 ond recorded in Deed Book 1045, Page 465, in lhe Office of fha Clerk of the Circuit Court, Palm Beach County, Florida, LESS and EXCEPTING fha/car/mtn parcel of land conveyed by o Speciot Warronf~v Deed from American Telephone and Tele~rol)h COrnl)my lo fha S/gte of Flor/do doted March 30, I~60 and recorded tn Deed Book 495, Page 64t, of the Clerk of C/rout! Court, Palm 8each Cobnty, Flor/da, being more particularly clOser/Dod o~ fo#ow~, 1o w,'t: West 10 feet of Lot I3 and the West I0 feet of the North Half (IV. I/2) of Lot 12. HOFM4N 4DD£TION TO TO DELRA ); FLA., according fo the Plot fflereqf, o$ recorded in P/~f 8oak 5, F'c~ge 3~ Pate Beach County, Pub£~: Records. ALSO EXCEP TING: . . From o point on the north line of said Lot 13. located Ia feet Easterly from/he northwest corner of sdd Lot 13. run Easterly dong sdd north #11~ for 15.16 feet; l/lance run Southwesterly along o curve concave fo fha southeast and having o rod/us oft5 feet for ~3.7~ fcef through o cenlrol angle of ~0 degrees 37 mlnules O0 seconds to a point on o line parallel with and 10 feet Easterly from the west I/ne~of $dd Lot I~; thence run North Ol degree 08 minules 05 seconds West along sdd parallel line.for I5. f6 fee/fo POINT OF BEGINNING. -TOGETHER WTT. H Lot 28, HOFM4N ADDITION TO DELRA Y, FLA., according to the Plot thereof on file k, the Office of the Clerk of the Circuit Court in and for Pdm Beach County, Florida recorded (n Pla! Book 5. Page 3; sold I~nds ~ing and being In Palm Beach County, Ftorido. LE5S AND EXCEPT: Sos! 5 feet of Lot 28. HOFMAN ADDZT[ON TO DELRA Y, FL~.. according fo Plot lhereof, os recorded in P~of Book §, Page 3, Palm Beach County Pub/Jo Record$~ containing ~50 square feet, more or less.