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Res 13-03RESOLUTION NO. 13-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF DIXIE HIGHWAY RIGHT- OF-WAY (ROW) LOCATED APPROXIMATELY 1,640 FEET SOUTH OF GULF STREAM BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. abandonment herein; and WHEREAS, the City of Delray Beach, Florida, received an application for of a portion of Dixie Highway Right-of-Way (ROW), as more particularly described WHEREAS, said application for abandonment of a general public right-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on January 27, 2003, and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(O)(5), and subject to the condition that a general utility easement be retained over the entire area; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said fight-of-way, based upon positive findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, as more particularly described herein, for the purpose of emergency access and constructing and/or maintaining, either over or under the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all right and interest it holds to the following real property for right-of-way 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: THE EAST 20 FEET OF RIGHT-OF-WAY FOR DIXIE HIGHWAY, LYING WEST OF AND ADJACENT TO LOT 5, DELRAY BEACH ESTATES, AS RECORDED IN PLAT BOOK 21, PAGE 13 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Containing 2,025 square feet (0.0465 acre), more or less. PASSED AND ADOPTED in regular session on this the /~ day of · 2003. ATI'EST: City Clerk 2 RES. NO. 13-03 TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER,~4~ PAUL DORLING, DIRECTOR OF PLANNING AND ZON._,N.~~ NGUYEN TRAN, SENIOR PLANNER MEETING OF JUNE '17, 2003 *CONSENT AGENDA* ABANDONMENT OF A PORTION OF DIXIE HIGHWAY RIGHT-OF-WAY, DIRECTLY ADJACENT TO LOT 5 OF THE PLAT OF DELRAY BEACH ESTATES, APPROXIMATELY 1,640 FEET SOUTH OF GULF STREAM BOULEVARD. The request involves abandoning a 20.25' by 101.25' rectangular shaped parcel, containing 2,025 square feet (0.0465 acres). The parcel represents the east 20' of the 80' Dixie Highway right-of-way, which abuts Lot 5 of Delray Beach Estates. The proposed abandonment will reduce the Dixie Highway right-of-way to 60 feet, which is the standard width for a local road and is consistent with previous abandonments on this portion of Dixie Highway. BellSouth reviewed the requested abandonment and has identified a buried cable located within the abandonment area. Florida Power & Light has also identified facilities within the abandonment area and the City's Environmental Services Department has identified an 8" sanitary sewer line. The City's Fire Department has reviewed the request and has no objection to the abandonment. Adelphia Cable and the Florida Public Utilities Company have also reviewed the requested abandonment, and have no objection. Due to the various facilities identified within the proposed abandonment area, a utility easement over the entire abandonment area will be required to adequately cover existing utilities. This is to be accomplished by reserving a utility easement in the abandonment resolution. Currently, the subject area is vacant. The removal of the concrete block wall and chain linked fence installed within the Dixie Highway right-of-way was listed as a condition of approval and has been accomplished. A new fence has been installed 10' set back from the western edge of the abandonment area and a Hold Harmless Agreement for improvements placed within a public right-of-way has been accepted to allow the installation of this fence. In conjunction with this abandonment, a new Hold Harmless Agreement for improvements placed within a utility easement will need to be accepted to allow the fence to remain in an easement area. Approval of this Hold Harmless Agreement is accompanying this request on the agenda. On January 27, 2003, the item was considered by the Planning and Zoning Board. Chairman Sowards opened the public hearing and no one from the public spoke. The Board voted 6-0 (Pike absent) to recommend approval, subject to the following conditions: The Official Resolution abandoning the subject area includes language which establishes a utility easement over the entire abandonment area. By motion, approve the abandonment of a portion of Dixie Highway Right-of-Way, directly adjacent to Lot 5 of the Plat of Delray Beach Estates, based upon positive findings with respect to LDR Section 2.4.6(0)(5); subject to the acceptance of the following agreement: Hold Harmless Agreement for Improvements Placed Within a Utility Easement. GULF STREAM BOULEVARD .,.,,.,,,.,,.,,.,,, .......... II cou~ ~ ,~ t ~ ~ VOLKSWAGEN /~/ J~ / ~o~o~~ ~ ~ ~a~ ~. ~ 2300 Ok~ DIXlfi HIGHWAY RESOLUTION NO. 13-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF DIXIE HIGHWAY RIGHT- OF-WAY (ROW) LOCATED APPROXIMATELY 1,640 FEET SOUTH OF GULF STREAM BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. abandonment her(m; and WHEREAS, the City of Delray Beach, Florida, received an application for of a portion of Dixie Highway Right-of-Way (ROW), as more particularly described WHEREAS, said application for abandonment of a general public right-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land Development Regulations of the City of Dekay Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)0)(e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on January 27, 2003, and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(O)(5), and subject to the condition that a general utility easement be retained over the entire area; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, as more particularly described herein, for the purpose of emergency access and constructing and/or maintaining, (lther over or under the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commassion to vacate and abandon all right and interest it holds to the following real property for right-of-way 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, vdtres, pipes, sewers, drainage fadtlities, or any other fadflities used for various public utilities whether owned by the City or private corporations, more particularly described as follows: Resolution No. 13-03 THE EAST 20 FEET OF RIGHT-OF-WAY FOR DIXIE HIGHWAY, LYING WEST OF AND ADJACENT TO LOT 5, DELRAY BEACH ESTATES, AS RECORDED IN PLAT BOOK 21, PAGE 13 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Containing 2,025 square feet (0.0465 acre), more or less. PASSED AND ADOPTED m regular session on this the 2003. day of ATI%ST: MAYOR City Clerk Resolution No. 13-03 AREA 0.0465 ' OF LOT ~ WEST RIGHT OF WAY LINE U.S. HIGHWAY NO. I PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: January 27, 2003 IV.B. Abandonment of the East 20 Feet of a Portion of the Dixie Highway Right-of-Way, Lying Adjacent to Lot 5, Delray Beach Estates, Located Approximately 1640 Feet South of Gulf Stream Boulevard GENERAL DATA: Owner .................................. General Public Agent/Applicant .................... Richard F. Roehm Location ............................... East 20 ft. of Old Dixie Highway Right-of-Way Adjacent to Lot 5, Delray Beach Estates. Property Size ........................ 0.0465 Acre Existing FLUM Designation.. GC (General Commercial) Current Zoning ..................... GC (General Commercial) Adjacent Zonings ........ North: GC (General Commercial) East: GC (General Commercial) South: GC (General Commercial) West: CF (Community Facilities) Existing Land Use ................ Unimproved rights-of-ways Proposed Land Use ............. Aggregation into adjacent lot to be used for access and additional property. Water Service ...................... n/a Sewer Service ...................... n/a The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of a portion of the Dixie Highway right-of-way, directly adjacent Lot 5 of the Plat of Delray Beach Estates (PB 21, PG 13), approximately 1,640 feet south of Gulf Stream Boulevard. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. The subject parcel is located on the east side of Dixie Highway, approximately 1,640 feet south of Gulf Stream Boulevard. This portion of Dixie Highway (80' wide) was dedicated with the recordation of the Plat of Delray Beach Estates (Plat Book 21, Page 13, of the Public Records of Palm Beach County, Florida), in July of 1946. Currently the subject area is vacant with the exception of a chain linked fence and concrete block installed in the Dixie Highway right-of-way. The chain Pinked fence is attached to a concrete block wall measuring approximately 6' high by 40' long which is located 42.3' west from the current western property line within the Dixie Highway right-of-way. The removal of the concrete block wall and chain linked fence installed within the Dixie Highway right-of-way will be a condition of approval. Dixie Highway right-of-way from Gulf Stream Boulevard, south to the north line of parcel 708 (H & H Carpet Site) measures 80 feet in width with the exception of Lot 18 (Jennings Commercial Building), Lots 13 & a portion of Lot 14 (Tri-Ed Properties), and Lots 6, 7 & 8 (Delray Cycle) which are 60 feet as a result of previous 20' abandonment requests. If the subject area is abandoned, the Dixie Highway right-of-way will be reduced to 60 feet for this parcel which is consistent with previous abandonments. The subject area is a 20.25' by 101.25' rectangular shaped parcel, containing 2,025 square feet (0.0465 acres). The parcel represents the east 20' of the 80' Dixie Highway right-of-way, which abuts Lot 5 of Delray Beach Estates. The abandonment request was submitted by the owner of the western portion of Lot 5 (Lot 5.1), Mr. Richard Roehm. This Lot 5.1 contains a vacant one story building and an 81 sq. ft. shed. The owner intends to aggregate the area to be used as additional property and access. Planning and Zoning Board Staff Report Dixie Highway R-O-W Abandonment (Roehm Property) Page 2 Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned (returned) to the adjacent property to the same degree in which it was originally obtained, i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels. Accordingly, the owner is entitled to the entire abandonment area as it was dedicated entirely from Lot 5, Plat of Delray Beach Estates. Utility Services The City's Environmental Services Department has identified an 8" sanitary sewer line located within the abandonment area. Environmental Services has no objection to the abandonment if a 12' wide utility easement is provided centered over the affected area. The granting of said easement will be a condition of approval for this abandonment. This is to be accomplished either by replating the property including dedication of the easement or by special instrument. If a special instrument is proposed, a unity of title is required between the abandonment area and Lot 5.1 as this area is the only means of access to Lot {5.1. BellSouth has also reviewed the requested abandonment and has identified a buried cable located within the abandonment area. They will not object to the abandonment request if a utility easement is retained. Florida Power & Light has also identified facilities within the abandonment area. FP&L has no objection to the abandonment as long as a 12' wide utility easement is provided along the east portion of the proposed abandonment area. The City's Fire Department has reviewed the request and has no objection to the abandonment. Adelphia Cable and the Florida Public Utilities Company have also reviewed the requested abandonment, and have no objection. Due to the various facilities identified within the proposed abandonment area, a utility easement over the entire abandonment area will be required to adequately cover existing utilities. Pursuant to LDR Section 2.4.6(O)(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. Planning and Zoning Board Staff Report Dixie Highway R-O-W Abandonment (Roehm Property) Page 3 The abandonment area requested is the unimproved portion of the Dixie Highway right-of-way. The proposed abandonment will reduce the Dixie Highway right-of-way to 60 feet, which is the standard width for a local road. Future expansion of Dixie Highway from its current two-lane configuration is not contemplated. A 60- foot right-of-way can accommodate the Dixie Highway improvements planned per the North Federal Highway Redevelopment Plan, which calls for a two- lane roadway with a bike path, landscaping, and a sidewalk. The City has no plans to utilize the abandonment area (east 20' of right-of-way) for any other purpose, except utilities. B) That the abandonment does not, nor will not, prevent access to a lot of record. As the subject parcel only abuts Lot 5 of Delray Beach Estates, which is owned by the applicant, this abandonment will not prevent access to any adjacent parcels. However, to prevent the sale of this parcel without Lot 5.1, thereby restricting access to Lot 5.1, a unity of title will be required. C) That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. All utility services currently located in the subject right-of-way will continue to function as they do presently. The provision of a general utility easement for the entire abandonment area will accommodate future maintenance and improvements of any public utilities. Access to the property will not be negatively affected if a unity of title is provided. The development proposal is within the geographical area requiring review by the CRA (Community Redevelopment Agency). It is not within the geographical area requiring review by the DDA (Downtown Development Authority) or HPB (Historic Preservation Board). Community Redevelopment Agency (CRA): The CRA considered this abandonment at its meeting of January 9, 2003 and recommended approval. Courtesy Notices: Courtesy notices have been provided to the following: Presidents Council PROD (Progressive Residents of Delray) Kokomo Key Homeowners Association La Hacienda Homeowners Association Planning and Zoning Board Staff Report Dixie Highway R-O-W Abandonment (Roehm Property) Page 4 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. As the subject right-of-way is unimproved and there are no plans for its improvement, its intended use is limited. In addition, this abandonment would not impair the provision of utility services or access to adjacent lots. The purpose of the abandonment is to incorporate the vacated area with the adjacent parcel to the east for additional property. The creation of a utility easement over the abandonment area will satisfy all future utility needs. 1. Continue with direction. 2. Recommend to the City Commission approval of the abandonment based upon positive findings with respect to LDR Section 2.4.6(0)(5) with conditions. 3. Recommend to the City Commission denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5). By motion, recommend to the City Commission approval of the abandonment of the east 20.25' by 101.25' portion of Dixie Highway right-of-way (directly adjacent to Lot 5 of the Plat of Delray Beach Estates), based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following conditions: 1. The Official Resolution abandoning the subject area includes language which establishes a utility easement over the entire abandonment area; and 2. Prior to City Commission action, removal of the concrete block wall and chain linked fence installed within the Dixie Highway right-of-way west of the abandonment area. 3. A Unity of Title is to be submitted and executed after the abandonment is consummated. Attachments: · Location Map · Reduced Survey S:\Planning & Zoning\BOARDS~J:~&Z BOARD~2300 dixie hwy aband.doc TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAG~)~ ND Z~I.NG PAUL DORMNG, DIRECTOR OF PLANNING A MEETING OF JUNE 17, 2003 CONSF_..~IT AGENDA* ACCEPTANCE OF A HOLD HARMLESS AGREEMENT IMPROVEMENTS PLACED WITHIN A UTILITY EASEMENT. FOR At its meeting of January 27, 2003, the Planning and Zoning Board recommended approval of the abandonment of a portion of Dixie Highway right-of-way, adjacent to Lot 5 of the plat of Delray Beach Estates. The abandonment area represents the east 20' of Dixie Highway located approximately 1,640 feet south of Gulf Stream Boulevard. The abandonment was recommended for approval subject to the following conditions: 1. The Resolution abandoning the subject area includes language which establishes a utility easement over the entire abandonment area; and, 2. Prior to City Commission action, removal of the concrete block wall and chain link fence installed within the Dixie Highway right-of-way west of the abandonment area. At the Planning and Zoning Board meeting, Mr. Richard Roehm, the applicant, had concerns with respect to the timing of removing the wall and fence. He stated that he would like to have the wall removed so that he could construct a fence along the new property line and secure the property. Options were explored with the City Attorney's office to accommodate Mr. Roehm's concern. The solution is to execute two Hold Harmless Agreements. One Hold Harmless Agreement is for improvements placed within a public right-of-way (allowing construction of the proposed new fence in the area before abandonment), which occurred at the City Commission's March 13th meeting. The other Hold Harmless Agreement is for fencing to be allowed within the proposed utility easement to be retained after the abandonment. The Hold Harmless Agreement for improvements (new fence) placed within the utility easement is currently before the Commission for acceptance. It is noted that the fence was proposed to be placed on the property line. While this placement is acceptable for the current use (single family) with any future change of use the fence will be required to be set back 10' to the inside of the required 10' landscape buffer. The fence has been installed and set back 10' from the property line and all conditions have been addressed. By motion, accept the Hold Harmless Agreement for improvements placed within the utility easement. Attachments: · Location Map · Hold Harmless Agreement for improvements placed within a public right-of-way ~ , , GULF STREAM BOULEVARD '"':"!:"'""'"'~"'"'"~: '";~'"=~",'~r q f ~ 7 r-' GULF STREAM DRIVE ~ ~ ~ '"'~'~,.'-"/ /~- COURTS Id I. I % ~LOT 50 ~' ~ - PROPOSED ABANDONMENT - O~ ~ ~AY ~A~, ~ 2300 OLD DIXIE HIGHWAY Prepared by: RETURN: R. Brian Shuu, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, FL 37.~?. HOLD HARMLESS AGREEMENT FOR IMPROVEMENTS PLACED WITHIN A UTILITY EASEMENT THIS HOLD HARMLESS AGREEMENT, is entered into this (O'~ day of , 200~_ by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY') and (~', ~(~ ~-~. ~)vC]a~t'~ , (hereinafter referred to as "OWNER"). WITNESSETH: WHEREAS, OWNER owns property located at '~30D "~%W__. ~qC.~Delray Beach, Florida, and has requested CITY to allow for the installation of ~ (~c._~_-- in a public utility easement; and WHEREAS, OWNER agrees to hold CITY harmless for any damage which might be caused to the -~- as a result of maintenance within the public utility easement or any action brought against the CITY as a result of the .-~c~. in the public utility easement. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. OWNER is the owner of property described in Exhibit "A', which also shows or describes the public utility easement. 3. That OWNER wishes to install a(n) .~rxt_~-~ in the area, as shown on Exhibit mB", in the public utility easement pursuant to the City of Delray Beach Code of Ordinances. 4. OWNER acknowledges that the CITY shall assume no responsibility or maintenance for the ~. and any improvements thereto, which OWNER places within the public utility easement and that OWNER shall be responsible for the upkeep and maintenance of such --~cC~--.- and associated improvements in the public utility easement in accordance with the Code of Ordinances of the CITY. 5. OWNER, in consideration of the mutual covenants set forth herein, agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, which may result from the placement or existence of the ~,ca..-- and improvements in the public utility easement. OWNER further agrees to hold the CITY, its agents, officers, employees and servants harmless for any damage to the ~r'~C~__ and associated improvements OWNER places within the public utility easement. It is understood that any cost for replacement or repair of the --~r~_~ and associated improvements shall be the OWNER'S responsibility, and the CITY will not be held liable for any damage to the '-C--C~Co_..- and associated improvements as a result of any maintenance or construction within the public utility easement by the CITY. 6. All notice required or allowed by this Agreement shall be delivered in person or mailed to the party at the following address: CITY: OWNER: Environmental Services Director City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 3~4~.4 I g3q 3 7. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and p=mfitted assigns and shall be recorded in the Public Records of Palm Beach County and shall mn with the land. 8. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any claim or lawsuit arising out of this Agreement shall be in Palm Beach County. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: City Clerk Approved as to Form: By: City Attorney CITY OF DELRAY BEACH, FLORIDA By:. 3 WITNESSES: (Print or TypedName) (Print or Type Name) OWNER: (Print or Type Name) (SEAL) STATE OF ~'tb£{ COUNTY O~ The foregoing insmma_e~t was acknowledged before me this ~/'- day of '~_~(o. az c,4,200_ by ~t' kta ,~ ~ ~'. '~ge'N,~..a (name of officer or agent), of I (name of corporation), a (State or place of incorporation) corporation, on behalf of the corporation. He/She i~u:l~a~l~tll~l~lo me or has produced (type of identification) as identification and did/did not ke oath. ~S~f lqotal'y Public - State of (SEAL) 4 O0 A ¥1~H~H ~,IXI