Res 34-99Sep-OT-1999 09:38am 99--36~096
ORB 113~J~35 P~ l~E~5
I IIII IIIII III1! I! III I! ~ II III III1! I! III1! III 8 8111111
RESOLUTION NO. 34-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF S.W. 2"D
STREET WITHIN THE PLAT OF BREEZY RIDGE ESTATES AS RECORDED IN
PLAT BOOK 23, PAGE 105 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT
RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR
EXISTING PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA
THEREOF.
~E~EAS, the City of Delray Beach, Florida, received an application for
abandonment of the remaining 244.53 feet of S.W. 2nd Street within the Plat of Breezy
Ridge Estates recorded in Plat Book 23, Page 105, of the Public Records of Palm Beach
County, Florida, as more particularly described herein; said portion of S.W. 2nd Street
right-of-way lying west of Coral Trace Boulevard ad approximately 380 feet north of
West Atlantic Avenue; and
WHEREAS, the application for abandonment of said road right-of-way was
processed pursuant to Section 2.4.6(O), ~Abandonment of Rights-of-WaS', of the Land
Development Regulations of the City of Delray Beach; and
~EREAS, pursuant to LDR Section 2.4.6(O) (3) (e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed this petition at a public hearing on
May 17, 1999, and recommended approval of the abandonment, based upon positive findings
pursuant to LDR Section 2.4.6(0) (5) and subject to conditions; and
~HE~EAS, 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 road right-of-way for roadway purposes based upon positive findings pursuant to
LDR Section 2.4.6(0) (5), but does not abandon and retains and reserves unto itself a
utility easement over the entire area thereof for the purpose of emergency access and
constructing and/or maintaining, either over or under the surface, poles, wires, pipes,
sewers, drainage facilities, or any other facilities used for various public utilities
whether owned by the City or private corporations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS:
Sec~onl. That 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, it is hereby determined to vacate and abandon all right and interest it holds
to the following real property for roadway purposes only, but does not abandon and
retains and reserves unto itself a utility easement over the entire area thereof for
the purpose of emergency access and constructing and/or maintaining, either over or
under the surface, poles, wires, pipes, sewers, drainage facilities, or any other
facilities used for various public utilities whether owned by the City or private
corporations, more particularly described as follows:
That portion of the right-of-way platted as S.W. 2nd Street
lying west of Coral Trace Boulevard, approximately 380 feet
north of West Atlantic Avenue. The right-of-way is
unimproved and is described as follows:
Begin at the Northwest corner of Parcel ~' of Coral Trace
according to the map thereof recorded in Plat Book 82 at
Pages 197 through 201 of the Public Records of Palm Beach
County, Florida, and run North 00 degrees 38'28" West,
25.14 feet to the South boundary of High Point of Delray,
said point being on the North boundary of Breezy Ridge
Estates; then run North 89 degrees 25'23" East along said
boundary 105.41 feet to the Westerly boundary of said Coral
Trace; then run South 01 degrees 05'55" East along said
boundary 25.14 feet to the said North boundary of Parcel
"A"; then run South 89 degrees 25'23" West along said
boundary 105.61 feet to the point of beginning.
TOGETHER ~7~TH
A parcel of land adjacent to Lot 15, Breezy Ridge Estates,
according to the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach County,
Florida, recorded in Plat Book 23, Page 105, more
particularly described as follows:
Commence at the Northwest corner of said Lot 15, said point
being the Point of Beginning of the herein described
parcel; thence North 00 degrees 32'44" West along the
extension of the West line of Lot 15 (the bearing along the
West line of said Lot 15 bears North 00 degrees 32'44" West
(assumed) and all other bearings are relative thereto) a
distance of 25.00 feet to a point on the centerline of S.W.
2nd Street as shown on said Plat of Breezy Ridge Estates;
thence North 89 degrees 27'16" East along the centerline of
said S.W. 2~d Street, a distance of 139.12 feet to a point;
thence South 00 degrees 32'44" East along the northerly
extension of the East line of said Lot 15, a distance of
25.00 feet to the Northeast corner of said Lot 15; thence
South 89 degrees 27'16" West along the Northerly line of
said Lot 15, a distance of 139.12 feet to the Point of
Beginning.
ATTEST:
City Cler~ ~ ~
PASSEDANDADOPTED in regular session on this the 1st day of
1999.
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DELRAY BEACH
1993
CITY CLERK
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
C TI ?: I T I O 3V
I, ALISON MacGREGOR HARTY, City Clerk of the City of
Delray Beach, Florida, do hereby certify that the attached
document is a true and correct copy of Resolution No. 34-99, as
the same was passed and adopted by the Delray Beach City
Commission in regular session on the 1st day of June, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and
the official seal of the City of Delray Beach, Florida, on this
the 1st day of September, 1999.
(SEAL)
Alison Ma~cGrego~ Harry
City Clerk
City of Delray Beach, Florida
THE EFFORT ALWAYS MATTERS
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
CLAIRE LWE-G~HAM, P~NNE~
MEETING OF JUNE 1, 1999 **CONSENT AGENDA**
ABANDONMENT OF THE REMAINING PORTION OF S.W. 2"° STREET
The requested action of the City Commission is approval of the abandonment of the remaining
244.53' of S.W. 2"d Street within Breezy Ridge Estates Subdivision, associated with the future
development of four vacant lots located directly south of the right-of-way.
The subject right-of-way was dedicated with the recordation of the Breezy Ridge Estates
Subdivision in 1953. The western 84.13' was abandoned in October, 1998 to accommodate
the construction of the Dialysis Center of Delray Beach. At its meeting of March 17, 1999, the
Site Plan Review and Appearance Board approved a site development application to construct a
one-story office building on Lots 12 and 15 (Delray Office Facility). A condition of approval was
that the remaining portion of S.W. 2nd Street be abandoned prior to issuance of building permits.
The attached P & Z staff report contains additional background and analysis of the request.
The Planning and Zoning Board reviewed the request at its meeting of May 17, 1999 and
unanimously recommended approval, subject to the condition that replacementeasements be
provided to cover City sewer and BellSouth services within the subject right-of-way. Language
requiring provision of replacement easements to cover existing facilities in the abandonment
area is being provided in the resolution.
By motion, approve the abandonment of the remaining portion of S.W. 2"d Street within Breezy
Ridge Estates through the enactment of Resolution 34-99.
Attachments: ~ O''f)
· Planning and Zoning Staff Report
· Resolution 34-99
RESOLUTION NO. 34-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF S.W. 2ND
STREET WITHIN THE PLAT OF BREEZY RIDGE ESTATES AS RECORDED IN
PLAT BOOK 23, PAGE 105 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT
RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR
EXISTING PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA
THEREOF.
~VHERE3,_S, the City of Delray Beach, Florida, received an application for
abandonment of the remaining 244.53 feet of S.W. 2na Street within the Plat of Breezy
Ridge Estates recorded in Plat Book 23, Page 105, of the Public Records of Palm Beach
County, Florida, as more particularly described herein; said portion of S.W. 2nd Street
right-of-way lying west of Coral Trace Boulevard ad approximately 380 feet north of
West Atlantic Avenue; and
~THEREAS, the application for abandonment of said road right-of-way was
processed pursuant to Section 2.4.6(0), "Abandonment of Rights-of-WaS', of the Land
Development Regulations of the City of Delray Beach; and
~HERE~, pursuant to LDR Section 2.4.6(O) (3) (e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed this petition at a public hearing on
May 17, 1999, and recommended approval of the abandonment, based upon positive findings
pursuant to LDR Section 2.4.6(0) (5) and subject to conditions; and
~HE~A~, 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 road right-of-way for roadway purposes based upon positive findings pursuant to
LDR Section 2.4.6(0) (5), but does not abandon and retains and reserves unto itself a
utility easement over the entire area thereof for the purpose of emergency access and
constructing and/or maintaining, either over or under the surface, poles, wires, pipes,
sewers, drainage facilities, or any other facilities used for various public utilities
whether owned by the City or private corporations.
NOW, THEREFORE, BE ITRESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA~ASFOLLOWS:
Sec~onl. That the foregoing recitals are hereby incorporated herein by this
reference.
~cfion2. 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 for roadway purposes only, but does not abandon and
retains and reserves unto itself a utility easement over the entire area thereof for
the purpose of emergency access and constructing and/or maintaining, either over or
under the surface, poles, wires, pipes, sewers, drainage facilities, or any other
facilities used for various public utilities whether owned by the City or private
corporations, more particularly described as follows:
That portion of the right-of-way platted as S.W. 2nd Street
lying west of Coral Trace Boulevard, approximately 380 feet
north of West Atlantic Avenue. The right-of-way is
unimproved and is described as follows:
Begin at the Northwest corner of Parcel ~A" of Coral Trace
according to the map thereof recorded in Plat Book 82 at
Pages 197 through 201 of the Public Records of Palm Beach
County, Florida, and run North 00 degrees 38'28" West,
25.14 feet to the South boundary of High Point of Delray,
said point being on the North boundary of Breezy Ridge
Estates; then run North 89 degrees 25'23" East along said
boundary 105.41 feet to the Westerly boundary of said Coral
Trace; then run South 01 degrees 05'55" East along said
boundary 25.14 feet to the said North boundary of Parcel
~'; then run South 89 degrees 25'23" West along said
boundary 105.61 feet to the point of beginning.
TOGETHER WITH
A parcel of land adjacent to Lot 15, Breezy Ridge Estates,
according to the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach County,
Florida, recorded in Plat Book 23, Page 105, more
particularly described as follows:
Commence at the Northwest corner of said Lot 15, said point
being the Point of Beginning of the herein described
parcel; thence North 00 degrees 32'44" West along the
extension of the West line of Lot 15 (the bearing along the
West line of said Lot 15 bears North 00 degrees 32'44" West
(assumed) and all other bearings are relative thereto) a
distance of 25.00 feet to a point on the centerline of S.W.
2od Street as shown on said Plat of Breezy Ridge Estates;
thence North 89 degrees 27'16" East along the centerline of
said S.W. 2"d Street, a distance of 139.12 feet to a point;
thence South 00 degrees 32'44" East along the northerly
extension of the East line of said Lot 15, a distance of
25.00 feet to the Northeast corner of said Lot 15; thence
South 89 degrees 27'16" West along the Northerly line of
said Lot 15, a distance of 139.12 feet to the Point of
Beginning.
pASSED ANDADOPTED in regular session on this the 18th day of May, 1999.
ATTEST:
MAYOR
City Clerk
- 2 - Res. No. 34-99
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- ABANDONMENT -
(S.W. 2ND ST.)
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
;ENDA ITEM:
ITEM:
May 17, 1999
VI .A.
Abandonment of Street Right-of-Way Platted as S.W. 2nd Street
Lying West of Coral Trace Boulevard and Approximately 380 Feet
North of West Atlantic Avenue.
GENERAL DATA:
Owner/Applicant ................... William H. Sned, Jr., Trustee, and
Michael A. and Aristea G. Lucido
Location ............................... S.W. 2nd Street, lying west of Coral Trace Boulevard and
approximately 380 feet north of West Atlantic Avenue
Property Size ........................ 0.14 Acre
Existing Future Land Use
Map Designation ..................Transitional
Current Zoning ..................... POD (Professional Office District)
Adjacent Zonings ........ North: RM (Multiple Family Residential-Medium Density)
East: CF (Community Facilities)
South: POD
West: POD
Existing Land Use ................ Unimproved right-of-way
Proposed Land Use ............. Abandonment of the remaining right-of-way to be incorporated for
future development of parcels to the south.
Water Service ....................... n/a
Sewer Service ...................... n/a
VI.A.
The item before the Board is that of making a recommendation to the City
Commission on abandonment of the remaining portion of S.W. 2"d Street located
within the Breezy Ridge Estates subdivision. The subject right-of-way is located on
the north side of West Atlantic Avenue, west of Coral Trace Boulevard.
The subject right-of-way was dedicated with the recordation of the Breezy Ridge
Estates subdivision in 1953. The street has not been improved. Directly south of the
abandonment area are four vacant lots (Lots 11-12, 15-16).
At its meeting of October 1, 1996, the City Commission approved the abandonment of
the western 84.13' of S.W. 2nd Street and connecting S.W. 27th Avenue to the west to
accommodate the construction of a dialysis center (Dialysis Center of Delray Beach)
on Lots 13 and 14 to the south. In December, 1998, a request was submitted to
rezone Lots 11 and 16 to accommodate the construction of a neighborhood
commercial center. The applicant withdrew the request prior to Planning and Zoning
Board consideration.
In January, 1999, a site development application to construct a one-story office
building (known as Delray Office Facility) with associated parking and landscaping on
Lots 12 and 15 was submitted. On March 17, 1999, the Site Plan Review and
Appearance Board approved the project subject to a condition that the abandonment
of S.W. 2nd Street be finalized prior to issuance of building permits.
The request to abandon the remaining portion of S.W. 2"d Street is now before the
Board.
The remaining portion of S.W. 2"a Street to be abandoned is approximately 25' wide
and 244.53' long (6,113.25 sq. ft. or .14 acre). The abandonment is being requested
to accommodate future of construction of abutting lots to the south. The section of
right-of-way adjacent to Lot 15 will be used to accommodate landscaping and a dry
detention area associated with the construction of a general and medical office
building.
The abandonment area is 25' 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 subject right-of-way represents
one-half of a proposed street and was dedicated entirely from the Breezy Ridge
Planning and Zoning Board Staff Report
S.W. 2"d Street Abandonment
Page 2
Estates subdivision plat. Upon abandonment the entire 25' will revert to the owners of
the lots immediately south.
The subject abandonment area is bordered to the north and west by properties zoned
RM (Medium Density Residential); to the south by POD (Professional Office District);
and, to the east by CF(Community Facilities). The surrounding land uses are as
follows: to the north are the High Point of Delray Condominiums; to the east is Temple
Sinai; to the south, across West Atlantic Avenue, is WDBF Radio Station; and, to the
west is Dialysis Center of Delray.
Utilities:
The City's Environmental Services Department has indicated that a sewer main exists
within the right-of-way, and a 12' sanitary sewer easement will be required to be
provided. The Fire Department reviewed the request and has no objection to
abandoning the right-of-way.
All utility companies (FPL, Adelphia Cable, BellSouth, Florida Public Utilities) were
provided with surveys of the abandonment area. Adelphia Cable and Florida Public
Utilities have no objection, however, BellSouth has indicated there are buried phone
lines within the right-of-way and a replacement easement must be provided to cover
this service. No response has been received from FPL. Provision of easements
covering existing and future services is attached as a condition of approval.
Access:
The section of High Point of Delray Condos located north of the subject abandonment
areas takes access from High Point Boulevard. The proposed office development on
Lots 12 and 15 will take access from W. Atlantic Avenue, and cross access will be
required between this site, the dialysis center, and any future development on the
remaining vacant lots via internal driveway connections.
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 for the right-of-way for
any public purpose.
Planning and Zoning Board Staff Report
S.W. 2"d Street Abandonment
Page 3
A sanitary sewer main and buried phone cables exist within the S.W. 2nd Street right-
of-way. Easements will be required to cover these services and any other existing
and future services. Provision of replacement easements is attached as a condition
of approval.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
The dialysis clinic on Lots 13 and 14 takes access from West Atlantic Avenue. When
developed, the lots to the east of Lots 13 and 14 will obtain access from West Atlantic
Avenue, and through cross access agreements with adjacent lots.
C) That the abandonment will not result in the detriment for the provision of
access and/or of utility services to adjacent properties or the general area,
No access is taken from the subject right-of-way. An easement is being required to
cover the sanitary sewer main and phone service located within the S.W. 2nd Street
right-of-way. No detriment will therefore result.
As the subject right-of-way is unimproved, its intended use is limited. By abandoning
the limited area to private interests, the adjacent hots may be enhanced through
development. A utility easement will be required to cover the 8" sanitary sewer main
and phone service within S.W. 2nd Street. Existing and future development will have
access from W. Atlantic Avenue, and cross access will be encouraged between the
existing dialysis center and future development on the remaining vacant parcels. The
abandonment will not prevent access to adjacent lots of record.
1. Continue with direction.
2. Recommend approval of the abandonment subject to positive findings with respect
to LDR Section 2.4.6(O)(5), subject to conditions.
3. Recommend denial of the abandonment based upon a failure to make positive
findings with respect to LDR Section 2.4.6(0)(5).
Planning and Zoning Board Staff Report
S.W. 2"" Street Abandonment
Page 4
By motion, recommend approval of the abandonment the remaining portion of the
S.W. 2nd Street right-of-way, subject to the condition that a replacement easement be
provided to allow for future maintenance of existing facilities.
· Attachments:
Location Map
Surveys
Breezy Ridge Estates Plat
Delray Office Facility Site Plan
I N00'~38,=~.,. 105.41'
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BOUNDARY SURV~
WILLIAM H.SNED JR. TRUSTEE
Consut't;ing Engineers, Planners,Surveyors
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