Res 73-96 9495
RESOLUTION NO. 73-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE
RIGHTS-OF-WAY FOR N.W. 27TH AVENUE AND A PORTION OF
N.W. 2ND STREET WITHIN THE BREEZY RIDGE ESTATES
SUBDMSION, AS MORE PARTICULARLY DESCRIBED HEREIN;
AND SUBJECT TO CONVEYANCE OF A UTILITY EASEMENT FOR
THE MAINTENANCE OF EXISTING FACILITIES.
WHEREAS, the City of Delray Beach, Florida, received an
application for abandonment of N.W. 27th Avenue add a portion of N.W. 2nd
Street within the Breezy Ridge Estates Subdivision, as more particularly
described herein; and
WHEREAS, said application has been 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)(d), the Planning
and Zoning Board, as Local Planning Agency, formally reviewed this item on
August 19, I996, and recommended approval of the abandonment, based upon
positive findings with respect to LDR Section 2.4.6(O)(5), and subject to
certain co~litions; 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(0)(5), and subject to the
conveyance of an access easement for the maintenance of existing
facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section I. That pursuant to Chapter 177.101(5) and Chapter 166
of the Florida Statutes, it is hereby determined to vacate and abandon all
right and interest it holds to the following real property:
The West 25 feet of the East 47.13 feet of that portion
of the West Half of the Southwest ~a~ter of the
Northeast Quarter of the Southwest Quarter of Section
18, Township 46 South, Range 43 East, Palm Beach
County, Florida, lying north of State Road 806.
ORB 9498 74
Together with that portion of the right-of-way for N.W.
2nd Street described as follows:
Bounded on the north by a line 25.0 feet north of and
parallel to the North line of Lot 14, BREEZY RIDGE
ESTATES, said Plat being recorded in Plat Book 23, Page
105 of the Public Records of Palm Beach County,
Florida, bounded on the South by the North line of said
Lot 14, bounded on the East by the Northerly projection
of the East line of said Lot 14 and bounded on the West
by the Northerly projection of the West line of said
Lot 14.
Containing 13,886 square feet or 0.31 acres, more or
less.
Section 2. That concurrent with the adoption of this
resolution, the Delray Beach City Commission hereby accepts and receives
the Grant of Easement from Foundation Equity, Inc., a Delaware
corporation, Grantor, to the City of Delray Beach, Grantee, conveying a
utility easement over a portion of Grantor's property for purposes of
installing and maintaining utilities within the property therein
described.
PASSED AND ADOPTED in regular session on this the 1st day of
October, 1996.
v - C~ty Clerk / i
- 2 - Res. NO. 73-96
9490 P~ 75
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09/~3/96 MON 14:46 FAX 1 407 276 5489 SPIN DIT FED DOW ~002
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RETURN TO:
This instrument prepared by: ORB 9498 76
Robert W. Federspiel, Bsq.
501 E. Atlantic Avenue
Delray Beach, FL 33483
QI.U~IT OF EASEMENT
THIS INDENTURE made and entered into this ~. day of ~ , 1995,
by and between FOUNDATION E~UIT~, INC., a Delaware oorporation, Grantor; and the
CITY OF DELRA~ BEACH, Grantee;
WHEREAS, the Grantor is seized in fee simple and in possession of lands
described hereinafter; and
WHEREAS, Grantee requests the conveyance off a utility easement to them over
a portion of Grantor's property for purposes of installing and maintaining
utilities within such property; and
WHEREAS, Grantor has agreed, in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration, to grant to the Grantee an
easement for purposes of public utilities installation and maintenance within
portions of the land described below for the purposes and in the manner expressed
below;
NOW, THIS INDENTURE WITNESSETH:
That, in pursuance of this agreement and in consideration o[ the sum of Ten
Dollars ($10.00) and other good and valuable consideration, receipt of which is
acknowledged, Grantor grants unto the Grantee an easement for access for the
09/~3/96 MON 14:47 FAX 1 407 276 5489 SPIN DIT FED DOW ~003
purpose of maintaining those certain existing utility lines lying within a
portion of the property described as follows:
The North 25' of the West 25' of the East 47.13 feet of that portion
of the West half of the Southwest quarter of the Northeast quarter
of the Southwest quarter of Section I8, Township 46 South, Range 43
East, Palm Beach County, Florida, lying North of State Road 806.
AND
TOGETHER with that portion of the right of way for S.W. 2nd Street
described as follows=
Bounded on the North by a line 25.0 feet North of and parallel to
the North line of Lot 14, Breezy Ridge Estates, said Plat being
recorded in Plat Book 23, Page 105 of the Public Records of Pal~n
Beach County, Florida, bounded on the South by the North line of
said Lot 14, bounded on the East by the Northerly projection of the
East line of said Lot 14 and bounded on the West by the Northerly
projection of the West line'of said Lot 14.
reserving unto Grantor all reversionary rights therein upon the abandonment of
the easement or the Grantee ceasing to utilize the same.
The Grantor hereby acknowledges that the city of Delray Beach does not
assume any responsibility or liability with regard to any improvements,
appurtenances, structures and/or landscaping placed within the easement area.
The Grantor further agrees to hold harmless the City of Delray Beach for any
damage caused to any such above-described improvements placed within the easement
area as a result of the city of Delray Beach's utilization of said easement.
IN WITNESS W~EREOF, Grantor has set their hand and seal on the day and year
first above written.
Witnesses= FOUNDATION EQUITY, INC.
09/~3/9§ MON 14:47 FAX 1 407 276 5489 SPIN DIT FED DOW ~004
ORB ~498 P.. 78
DOROTHY. H. WILKEN, CLERK PB cr~c~.~v, ..... FL
~fore ~ this day ~rsonally aDpeared W~N G. C~IG, who is ~rsonall~
known to ~r who produced mm
~dentification and who acknowledged before me that he execu~ said instr~ent
for the purposes therein expressed.
1996
State of
co~im~i~ ~, L:~a R ~PP~O
CXT~ O~ '~
om:
By:
~, city Attorney
STATE OF FLOaIDA
COUNTY OF PALM BEACH
Before me this day personally appeared Jay Alperin of .the city O~i'~'Delray
Beach, who is personally known to me or who produced
am idenEificatiJn and who ac~-nowl~dg&'~l before me that he executed
for the purpomem therein expressed. ,~t ~ ~ ~
WI~SS my hand and official seal, this ~'=~ay of ~~~
1996 ~'
State of Florida
~ co~iBBion e~ire==
Co~ission No.:
( S~ ) [ OFFICIAL N~Y SEAL
] sA~ ~mo
CITY OF OELAflY BEACH
CITY CLERK 0 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444. 407/243-7000
AII-AmericaCity
CERTIFICATION
I, ALISON MacGREGORHARTY, 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. 73-96, as the same was passed and adopted by the
DelrayBeach City Council in regular session on the lstday of October, 1996;
and Grant of Easement from Foundation Equity, Inc., a Delaware corporation,
Grantor, to the City of Delray Beach, Grantee, conveying a utility easement
over a portion of Grantor's property for purposes of installing and
maintaining utilities within the property therein described, as accepted and
received by the Delray Beach City Commission by virtue of Section 2. of said
Resolution No. 73-96.
IN WITNESS WHEREOF, I have hereunto set my hand and the official
seal of the City of Delray Beach, Flerida, on this the 4th day of October,
1996.
:~ :-: Ali son MacGregor ' H-art~¢ - '
1: ;,~. · ?:. .,',,.L,~
.>. ~ ~,~. City Clerk
,.,.'....~:::,,:',.. , City of Delray Beach, Florida
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THE [~FFORT ALWAYS MATTERS
Pr/nt~d on Recyc/ad Paper
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~q~l
SUBJECT: AGENDA ITEM # ~'/~ - MEETING OF OCTOBER 1, 1996
RESOLUTION NO. 73-96
DATE: SEPTEMBER 27, 1996
This is before the Commission to adopt a resolution abandoning
N.W. 27th Avenue and a portion of N.W. 2nd Street, and acceptance
of replacement utility easements within the Breezy Ridge Estates
subdivision, located north of West Atlantic Avenue approximately
3,500 feet west of Congress Avenue.
The areas proposed for abandonment are the 25 feet north/south
right-of-way known as N.W. 27th Avenue (approximately 405 feet in
length), and a portion of a 25 foot east/west right-of-way known
as N.W. 2nd Street, adjacent to Lot 14 (approximately 84.13 feet
in length). A replacement easement would be required to cover a
sanitary sewer main which is located within the north end of the
N.W. 27th Avenue right-of-way and continues east on N.W. 2nd
Street. The applicant is requesting the abandonment of these
rights-of-way in order to incorporate the land area into Lots 13
and 14 to accommodate future development of a dialysis clinic.
The Planning and Zoning Board considered this item at its meeting
of August 19, 1996 and voted 7-0 to recommend approval.
Recommend approval of Resolution 73-96.
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DI ECTOR
DIRECTOR OF PLANNING AND ZONING
FROM: CLAIRE LYTE-GRAHAM, PLANNER
SUBJECT: MEETING OF OCTOBER 1, 1996 ***CONSENT AGENDA***
ABANDONMENT OF RIGHTS-OF-WAY AND ACCEPTANCE OF
REPLACEMENT UTILITY EASEMENTS WITHIN BREEZY RIDGE
ESTATES
The action requested of the City Commission is approval of the proposed abandonment
of N.W. 27th Avenue, abandonment of a potion of N.W. 2nd Street, and acceptance of
a replacement utility easement located within the Breezy Ridge Estates Subdivision.
The subject rights-of-way are located no~h of W. Atlantic Avenue and approximately
$,§00 feet west of Congress Avenue.
The subject rights-of-way were dedicated with the recordation of the Breezy Ridge
Estates Subdivision in November, 1(t§3, and have not been improved. The areas
proposed for abandonment are the 2§' no~th/south right-of-way known as N.W. 2?th
Avenue (approximately 40§' in length), and a po,ion of a 2§' east/west right-of-way
known as N.W. ~nd Street, adjacent to Lot 14 (approximately $4.13' in length). During
the review of the abandonment petition, it was noted that a replacement easement
would be required to cover a sanita~ sewer main which is located within the no~'ch end
of the NW. 27th Avenue right-of-way and continues east on N.W. 2nd Street. The
applicant is requesting the abandonment of these rights-of-way in order to incorporate
the land area into Lots 13 and 14 to accommodate future development of a dialysis
clinic.
City Commission Documentation
Breezy Ridge Estates Rights-of-Way Abandonment
Page 2
The Planning and Zoning Board considered this item at its meeting of August 19, 1996.
There was no public testimony on the item. The Board recommended approval on a 7-0
vote.
By motion, approve the abandonment of the rights-of-way through the enactment of
Resolution 73-96, and accept the replacement utility easement.
Attachments: · Location Map
· Reduced Survey
· Planning and Zoning Staff Report
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: August 19, 1996
AGENDA ITEM: IILA.
ITEM: Abandonment of N.W. 27th Avenue and a; portion of N.W. 2nd Street
lying north of Atlantic Avenue and. approximately 3500 ft. west of
Congress Avenue within Breezy Ridge Estates subdivision.
GENERAL DATA:
Owner/Applicant ............. Foundation Equity, Inc.
Agent .............................. Robert Federspiel, Esq.
Location .......................... North of Atlantic Avenue, 3500 ft. west of Congress Avenue within Breezy
Ridge Estates subdivision.
Property Size .................. 0.31 Acre
Future Land Use Map ..... Transitional
Current Zoning ............... POD (Professional Office District)
Adjacent Zoning .... North: RM (Multiple Family Residential-Medium Density)
East: POD
South: CF (Community Facilities) and POD
West: RM ~
Existing Land Use .......... Unimproved right-of-way
Proposed Land Use ........ Access road with landscaping buffer to the proposed dialysis clinic.
Water Service ................. N/A
Sewer Service ................ N/A
The item before the Board is that of making a recommendation to the City
Commission on abandonment of rights-of-way located within the Breezy Ridge
Estates subdivision. The subject properties are located on the north side of West
Atlantic Avenue, approximately 3,500 feet west of Congress-Avenue.
The subject rights-of-way were dedicated as streets with the recordation of the Breezy
Ridge Estates subdivision in 1953. The streets have not been improved.
On August 27, 1991, the City Commission approved the acceptance of right-of-way
via a Quit-Claim deed from the owner, in order to correct a surveyoC._s error on the
plat. The request now before the Board is to abandon the 25' N.W. 27th Avenue
right-of-way, along with a portion of the 25' right-of-way for N.W. 2nd Street.
A 25' north/south right-of-way known as N.W. 27th Avenue, and a portion of a 25'
east/west right-of-way known as N.W. 2nd Street are proposed to be abandoned.
N.W. 27th Avenue (approximately 405.2 feet in length) extends from West Atlantic
Avenue to N.W. 2nd Street. N.W. 2nd Street right-of-way adjacent to Lot 14 is
approximately 84.13 feet in length. The applicant is requesting the abandonment of
these rights-of-way in order to incorporate the land area into Lots 13 and 14 to
accommodate a proposed dialysis clinic.
The abandonment areas are 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 rights-of-way represent
one-half of a proposed street and were dedicated entirely from the Breezy Ridge
Estates subdivision plat. Upon abandonment the entire 25' will revert to the owner of
Lots 13 and 14 (Breezy Ridge Estates Plat).
The subject abandonment areas are bordered to the north and west by property
zoned RM (Medium Density Residential); to the south by CF (Community Facilities);
and to the east by POC (Planned Office and Commercial). The surrounding land
uses to the north are the High Point of Delray Condominiums; to the east vacant land;
to the west the First Encounter Condos; and to the south, across West Atlantic
Avenue, WIOD Radio Station.
Planning and Zoning Board Staff Report
Breezy Ridge Estates Rights-of-Way Abandonment
Page 2
The section of High Point of Delray Condos located north of the subject abandonment
areas takes access from High Point Boulevard. First Encounter Condos located
immediately west has direct access to West Atlantic Avenue. The remaining six lots
located directly east of Lots 13 and 14 will have access from West Atlantic Avenue or
the unimproved right-of-way of N.W. 2nd Street. With development of these lots and
Lots 13 and 14 cross access between properties will be encouraged.
The utility companies (Florida Public Utilities, FPL, BellSouth, and Adelphia Cable)
have reviewed the requested abandonments and have no objection. BellSouth has
indicated that utility easements may be required when development occurs on the
vacant land to the east. The City's Environmental Services Department has reviewed
the request and has indicated a sanitary sewer main crosses the north end of the
N.W. 27th Avenue right-of-way and continues east on N.W. 2nd Street. An access
easement will be required in order to maintain this segment of line. Provision of an
access easement is attached as a condition of approval.
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.
A sanitary sewer main exists under the north end of the N.W. 27th Avenue right-of-
way and continues east on N.W. 2nd Street. An access easement is required to
maintain this segment of line. Provision of this access easement is attached as a
condition of approval.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
The proposed dialysis clinic, to be constructed on Lots 13 and 14, will take access
from West Atlantic Avenue. When developed, the lots to the east of Lots 13 and 14
will obtain access from West Atlantic Avenue, or N.W. 2nd Street 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.
Planning and Zoning Board Staff Report
Breezy Ridge Estates Rights-of-Way Abandonment
Page 3
No access is taken from the subject rights-of-way. An easement is being required to
cover the sanitary sewer main located within the N.W. 2nd Street right-of-way. No
detriment will therefore result.
As the subject rights-of-way are unimproved, their intended use is limited. By
abandoning the limited area to private interests, the adjacent lots may be enhanced
through development. A utility easement will be required to cover the 8" sanitary
sewer main within N.W. 2nd Street. 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(0)(5).
3. Recommend 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 approval of the abandonment of N.W. 27th Avenue right-of-
way, and a portion of the N.W. 2nd Street right-of-way, subject to the following
conditions:
1. That an access easement be provided to maintain existing facilities.
2. That a revised survey showing the access easement and easement agreement be
provided prior to scheduling the abandonment for City Commission.
Attachments: ~! Location Map
~1 Survey
(~ Preliminary Site Plan of Proposed Dialysis Clinic
To: PAUL DOERLING/CITY OF DELRAY/P&Z
CC:
From: ROBERT W. FEDERSPIEL
Date: September 23,1996
Re: Foundation Equity
Enclosed is a copy of the revised survey and the revised Grant of
memo Easement regarding the above-referenced abandonment project.
For your information, Susan Ruby reviewed and approved this
draft of the revised Easement, and the original document is being
delivered to our client for signature today.
from the desk of...
ROBERT W. FEDERSPIEL
Spinner, Dittman, Federspiel & Dowling
501 East Atlantic Avenue
Oelray Beach, FL 33483
Fax: (561)276-5489