Res 29-02RESOLUTION NO. 29-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF D~Y BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF DIXIE HIGHWAY RIGHT-
OF-WAY (ROW) LOCATED APPROXIMATELY 740 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 Dekay 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 28,
2002, and voted 7 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, as a condition of the abandonment of the area described below, the
applicant shall dedicate ten feet (10') of right-of-way along Federal Highway adjacent to lots 13 & 14
of the Plat of Dekay Beach Estates to the City for highway purposes; 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, 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
Resolution No. 29-02
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 OF DIXIE
HIGHWAY BEING BOUNDED ON THE NORTH AND
SOUTH BY THE WESTERLY EXTENSION OF THE NORTH
AND SOUTH LINE OF THE FOLLOWING DESCRIBED
PARCEL
LOTS 13 AND 14, PLAT OF DELRAY BEACH ESTATES,
ACCORDING OT THE PLAT THEREOF ON FILE IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND
FOR PALM BEACH, FLORIDA, RECORDED IN PLAT BOOK
21, PAGE 13, LESS AND EXCEPTING THEREFROM THE
PORTION DESCRIBED AS FOIJ,OWS: BEGINNING AT THE
NORTHWEST CORNER OF SAID LOT 14, DFJ.RAY BEACH
ESTATES; THENCE SOUTHERLY ALONG THE WESTERLY
LINE OF SAID LOT 14, 20.25 FEET; THENCE EASTERLY
PARALI.FJ. TO AND 20 FEET SOUTHERLY (MEASURED AT
RIGHT ANGLES) FROM THE NORTH LINE OF SAID LOT
14, 185 FEET; THENCE NORTHERLY AT RIGHT ANGELS
TO THE PRECEDING COURSE, 20 FEET TO A POINT IN
THE NORTH LINE OF SAID LOT 14; THENCE WESTERLY
ALONG SAID NORTH LINE 189.2 FEET, MORE OR LESS, TO
THE POINT OF BEGINNING.
Containing 3,694 square feet, more or less.
Section 2. As a condition of the abandonment of the property described above,
the property described in Exhibit "A" shall be dedicated to the City for right-of-way purposes.
.2002. [ ~ u,_,,
MAYOR
City Clerk
2
Resolution No. 29-02
' NGUYEN T, UF PLANNIN
'
~¢~AY B ' ~ LOT ~3 ~le HIGH
Y ,~u p . _ EP
EE~ aOUTH OF
The request involve
[e~t ('0.08 acres~ ~ abandon/no a o~, ~
"',0, ~4 of Delrav ~et.20 of the 8' ~Ped Parcel, c · :_ _
- B~n ~states [~o ~ ~x~e Highwa,, ~tam,ng a,&g4
~he Proposed abandonment will reduce the Dixt , ~-o z], PG ~ "~ .gm-of. ~, ......
Width for a Io~1 mad and ~s consisten. · ' 'e Highwa-- , - '~' wa~, wntcn abuts
Bellsouth has identifi ~ With Pmvio ~A~g~t-o~-way to 6 ,
EnvirOnment=~ ~ , ed a manh~t. __ . us ~"~.uOn~en~s n~ ~.:_ 0 feet, Wh~c i.
indi~te.. ;:.:~' oe~ices De~.~--, ~nduit sw~ _ -" '"~ POtion of ~ the Standard
u~:~. ~u urll~[ies with;- .~ ~,~ment has ,-- ~'~'~ and aeria~ .... Highway.
""~Y easement ,...~ ~,,,. me abanH~.~ ~entir~ed a sa-~,-- ' ~te Within ~ _ _
' -,. ue retai.~. _ "~"~ent are= ~_ '"~ Sewer ~-- ~"~ ~Ubject ~r~
· ,,~u over the ~.~._ -: "~ Order f~ ~__ .,.~ and FIo.~- ~ -' ~. ~ ne Ci~'.
Dudng the review of this abandonment ~,,..e abandon~_:~ ~cCOmmodate ~.~?, ~OWer & Li-~.
120 feet, and 100 feet CUrrentl e ' , it Was ~dent~fi '"~"~ ama. ..u ioentified .__~.~'.~
ain a ~0 fe~t .;~. - of this aban~Y ~edi~tion o~
~ u~u~tion a ~ ~ "~" ~n W~ich We
At its meeting of Janua~ 28, 2002, a p I~,~ reaeral Highway.
Board VOted 7-0 to r ·
a~andonin _ e~mmen _ u~llc Hearin ~ ..
a~ g the sub'ec . d approval, su ' g wa~ hela an
~ ,~ or the plat of ~'-~ ~ed,cation of l~?ua~e Which es~'a~i~g COnditions:'~ ~bl, c Spoke
~,ay Beach ~**~._ u ~eet of firth, ~,. ~-,anes a uf~;~. -' ' "~ ufficial D.._'. .~'~
~o,~tes. ~ · ~-way along Fed~:~'~ .~asement o,,~.'~u~ution
- -~'~ ~lghwav na;~_me entire
~ -wo~nt to Lot 13
~Y motion, app~ve the abandonm
? of
respect to LDR Section 2 4 ~ ....t at of D~,- _ e Hioh,, ......
chmen~: ~ conaitio ..... _. uffse~ Upon o ' ~"Y aOjacent to
ns.,,~nUone~ above P sit, ye ~ndings With
A~ndonment Resolu
Right-of. Wa,. D - tion
P~ ~ff Re~ of Janua~ 28, 2002
S:L'~annlng & Zonlng~Oards~C~ty C°n'a'~smn~D~x~e ~,.,.. ^. ..~n~. J nEd PrOperbes doc
RESOLUTION NO. 29-02
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 740 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.
WHEREAS, the City of Delray Beach, Florida, recmved an application for
abandonment of a portion of Dixie Highway Right-of-Way (ROW), as more particularly described
herein; and
WHEREAS, said application for abandonment of a general public right-of-way was
processed pursuant to Secuon 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 28,
2002, and voted 7 to 0 to recommend approval of the abandonment, based upon positsve findings
with respect to LDR Secuon 2.4.6(0)(5), and subject to the condition that a general utility easement
be retained over the entire area; and
WHEREAS, as a condition of the abandonment of the area described below, the
applicant shall dedicate ten feet (10') of right-of-way along Federal Highway adjacent to lots 13 & 14
of the Plat of Delray Beach Estates to the C~ty for lughway purposes; 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 pubhc good and deems it to be in
the best interest of the C~ty of De[ray 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 utihty 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, w~res, pipes, sewers, drainage facilities, or any other faciltttes 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 Dekay 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
Resolution No. 29-02
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, exther over or under, the surface
poles, wires, pxpes, 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 OF DIXIE
HIGHWAY BEING BOUNDED ON THE NORTH AND
SOUTH BY THE WESTERLY EXTENSION OF THE NORTH
AND SOUTH LINE OF THE FOLLOWING DESCRIBED
PARCEL
LOTS 13 AND 14, PLAT OF DELRAY BEACH ESTATES,
ACCORDING OT THE PLAT THEREOF ON FILE IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND
FOR PALM BEACH, FLORIDA, RECORDED IN PLAT BOOK
21, PAGE 13, LESS AND EXCEPTING THEREFROM THE
PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHWEST CORNER OF SAID LOT 14, DELRAY BEACH
ESTATES; THENCE SOUTHERLY ALONG THE WESTERLY
LINE OF SAID LOT 14, 20.25 FEET; THENCE EASTERLY
PARAIJ,EL TO AND 20 FEET SOUTHERLY (MEASURED AT
RIGHT ANGLES) FROM THE NORTH LINE OF SAID LOT
14, 185 FEET; THENCE NORTHERLY AT RIGHT ANGELS
TO THE PRECEDING COURSE, 20 FEET TO A POINT IN
THE NORTH LINE OF SAID LOT 14; THENCE WESTERLY
ALONG SAID NORTH LINE 189.2 FEET, MORE OR LESS, TO
THE POINT OF BEGINNING.
Containing 3,694 square feet, more or less.
Section 2. As a condition of the abandonment of the property described above,
the property described in Exhibit "A" shall be dedicated to the City for right-of-way purposes.
PASSED AND ADOPTED in regular session on this the day of
., 2002.
ATTEST:
MAYOR
city Clerk
Resolution No. 29-02
Prepared by: RETURN:
R. Brian Shut't, Esq.
City Attorney's Office
200 N.W. 1 st Avenue
Delray Beach, Florida 33444
RIGHT-OF-WAY DEED
THIS INrDENTURE made this /Z l~day of ~/'//d~-- , 200_,~ between
7",,Zt- ~_.t. /~7,,t.o,/:~~ 2,./- ~ , with a mailing address of fi.q,, t ~, ~_
? /}x .,4 ~-t~ ~;c~ ~t~7,h '0c~ as party of the first part and CITY OF DEL1L4,Y
BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st
Avenue, Dekay Beach, Florida 33444, as parry of the second pan.
WITNESSETH:
That said party, of the first pan, for and in consideration of the mutual promises herein
contained and other good and valuable consideration, does hereby grant, remise, release, quit
claim and convey unto the party of the second part, its successors and assigns, all right, title,
interest, claim and demand which the party of the first pan has in and to the following-described
land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit:
See Exhibit "A" attached hereto.
This Deed is made for the purpose of ~ving and granting to the party of the second pan,
its successors and assigns, a rigtht-of-way and easement in and to said lands for public highway,
street, and public utility purposes; and is made, executed and delivered with the express
understanding and condition that should the same ever be discontinued or abandoned as a public
highway or street, the title to same shall thereupon revert to and revest in the party of the first
pan or assigns.
That this right-of-way shall be subject only to those easements, restrictions, and
reservation of record. The pany of the first pan agrees to provide for the release of any and all
mortgages or liens encumbering this right-of-way. The party of the first pan also a~ees to erect
no building or effect any other kind of construction or improvements upon the above-described
property.
Party of the first part does' hereby fully wan'ant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described right-of-way and that the same is
unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall
include the successors or assigns of the parties.
TO HAVE AND TO HOLD THE SAME, together with all and singular the
appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right,
title, interest, and claim whatsoever of the said party of the fa'st part, in law or in equity to the
only proper use, benefit, and behalf of the said party of the second part, its successors and
assigns.
IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal
the date fn'st abm/e written.
WITNESSES:
(Name prir~ed orJ~yped)
(Name printed or typed)
(Name printed or typed)
(Address)
,_~ ~ The foregoing.instrumenL was ackg, owledged before~ me.this /,,{2~lay of
(name of officer or a=~t,° title of officer or agent)/of.
(nme of comoration ac~owled~g), a ~/gR , %tate or place of inco,oration)
co~ormion, on behalf of ~e co~orafion. ~She~e~,onally ~oWn to ~e or has produced
(~e of idemification) ~ identification.
Si~e of Person T~ng Ac~owled~ent
=~g?. omne Buocl '
~~ Commi~ ~ CC 8008&4 ~/~
~~ ~lres F~. ~8, ~00~
*-I~r-" a~oEo ~au Nme T~ed, Printed or Stmped
't~i~' AT~N~C B~DING ~. ~C
Exhibit "A"
I - -
~E ~T l0 FE~ OF T~E FOLL~NG DESC~BED P~CEL
LOT8 13 AND 14, P~T OF DEL~Y B~CH E~TATE~, ACCORDING TO T~E P~T THEREOF ON FILE IN
THE OFFICE OF THE CLERK OF THE CIRCU~ COURT IN ~D FOR P~M B~CH, FLO~D& RECORDED
~ P~T BOOK 21, PAGE
~ ~ NOT A SURLY
Renner, Burgess, Inc. NOI va~id unl~a
~flzallon Number LB~ , ~l~ ~ o~d
~~ ~ ~.~. 4th Ave., 5u~e 205 . ~oe, zeal
Delray Beach, FL ~ I hereb~ ~e~if~ that the 5~TCH OF DESC~ON , ,hown hereon
Phone ~-2~24 ~ets :h~ini~m lechnical standards set fo~h in Chapter
F~ 2~69 Flondt l~mlnia~tive Code ~ant to Secbon 472.027, Florida
Weal Palm 73~7~9 . 5tatul, ~
1-8~3-5531 ~ _
Har~ A B~ge~ ~
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
January 28, 2002
IV.C.
Abandonment of the East 20.25 ft. of Dixie Highway, 740' South of
Gulf Stream Boulevard, Adjacent to Lot 13 and a Portion of Lot 14,
Delray Beach Estates (Tri-Ed Properties).
GENERAL DATA:
Owner ..................................
Applicant ..............................
Agent ..............................
Location ...............................
Property Size ........................
Existing FLUM Designation..
Current Zoning .....................
Adjacent Zonings ........ North:
East:
South:
West:
Existing Land Use ................
Proposed Land Use .............
Water Service .......................
Sewer Service ......................
General Public
Tri-Ed Properties, LLC.
Edward Cassatly
East 20.25 ft. of Dixie Highway Right-of-Way Adjacent to Lot
13 & a Portion of Lot 14, Delray Beach Estates.
0.08 Acre
GC (General Commercial)
GC (General Commercial)
GC (General Commercial)
GC (General Commercial)
GC (General Commercial)
CF (Community Facilities)
Unimproved right-of-way
Incorporation into Future Development Plan.
n/a
n/a
IV.C.
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 to Lot 13 & a portion of Lot 14 of the Plat of Delray
Beach Estates, approximately 740 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
740 feet south of Gulf Stream Boulevard. This portion of Dixie Highway 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.
Presently, the proposed abandonment area is vacant, with the exception of a dirt
ddveway crossing the north portion of Lot 13.
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) which already has been abandoned to 60
feet. Lots 6, 7 & 8 (Delray Cycle) is in the process for abandonment to 60 feet.
If the subject area is abandoned, the Dixie Highway right-of-way will be reduced
to 60 feet, which is the standard width for a local road and consistent with
previous and proposed abandonments.
The subject area is a 20.25' by 182.40' rectangular shaped parcel, containing
3,694 square feet (0.08 acres). The parcel represents the east 20.25' of the 80'
Dixie Highway right-of-way, which abuts Lot 13 & a portion of Lot 14 of Delray
Beach Estates.
The abandonment request was submitted by the owner of Lots 13 & 14, Edward
Cassatly of Tri-Ed Properties, LLC. Lot 14 is currently vacant. Lot 13 consists of
a vacant motel, an associated motel office and asphalt driveway. The owner
intends to aggregate the area for additional density, setback requirements,
installation of irrigation, sod and landscaping. Currently, no future development
plans have been submitted.
Planning and Zoning Board Staff Report
Tfi-Ed Properties/Dixie Highway R-O-W Abandonment
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 Applicant is entitled to the entire abandonment area as it was
dedicated entirely from Lots 13 & 14, Plat of Delray Beach Estates.
During the review of this abandonment, it is noted that Federal Highway (U.S. 1)
ultimate width has not been dedicated. The current right-of-way width for Federal
Highway adjacent to these properties on the east is 100 feet. The ultimate width
for Federal Highway should be 120 feet. There is a need for right-of-way
dedication of 10 feet for property owners on both sides of Federal Highway. As
part of this abandonment action in which we are returning 20 feet, it is
appropriate to obtain a 10 feet right-of-way dedication along Federal Highway.
Utility Services
The City's Environmental Services Department has identified a sanitary sewer
line located within the subject 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.
BellSouth has a major manhole, conduit system and aerial cable in the area.
Relocation of these facilities would be too costly and time consuming. BellSouth
has stated that they do not support the abandonment unless they were granted a
utility easement over these facilities. Florida Power & Light also stated that they
do not support the abandonment unless they were granted a 12' wide utility
easement. Given the multiple easements, it is recommended an easement over
the entire abandonment area be retained.
The City's Fire Department has reviewed the request and has no objection to the
abandonment. Florida Public Utilities Company and Adelphia have also
reviewed the requested abandonment and have no objection.
Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment
being approved, the following findings must be made:
Planning and Zoning Board Staff Report
Tri-Ed Properties/Dixie Highway R-O-W Abandonment
Page 3
A) That there is not, nor will there be a need for the use of the right-of-way
for any public purpose,
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 and proposed adjacent abandonments.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
As the subject parcel only abuts Lot 13 & a portion of Lot 14 of Delray Beach
Estates, which is owned by the applicant, this abandonment will not prevent
access to any adJacent parcels.
C) That the abandonment will not result in a detriment to the provision of
access and/or utility services to adjacent properties or the general area.
All utilities currently located in the subject area will remain as they exist. As a
condition of approval a utility easement over the entire abandonment area is
to be provided for maintenance and improvement purposes.
As previously stated access will not be affected by this abandonment.
The development proposal is within the geographical area requiring review by the
CRA (Community Redevelopment Agency). The CRA considered this
abandonment at its January 10th meeting, and recommended approval.
The development proposal is not within a geographical area requiring review by
the HPB (Historic Preservation Board), or the DDA (Downtown Development
Authority).
Courtesy Notices:
Courtesy notices have been provided to the following:
Seacrest Homeowners Association
Kokomo Key Homeowners Association
La Hacienda Homeowners Association
North Palm Trail Homeowners Association
Town of Gulf Stream
PROD & Presidents Council
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.
Planning and Zoning Board Staff Report
Tri-Ed Properties/Dixie Highway R-O-W Abandonment
Page 4
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 in an overall future development plan. As mentioned previously, no
such plan has been submitted. The creation of a utility easement over the
affected area will accommodate all future utility needs.
1. Continue with direction.
2. Recommend to the City Commission approval of the abandonment subject to
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' x 182.40' portion of Dixie Highway right-of-way (directly adjacent
to Lot 13 & a portion of Lot 14 of the Plat of Delray Beach Estates), based upon
positive findings with respect to LDR Section 2.4.6(O)(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,
2. Dedication of 10 feet of right-of-way along Federal Highway adjacent to
Lots 13 & 14 of the Plat of Delray Beach Estates.
Attachments:
· Location Map
· Reduced Survey
File: S:\Planning&Zoning\P&Z~Dixie Highway Abnd Tri-Ed.doc
I Ill II ~ ,/
GULF STREAM BOULEVARD
GULF STREAM DR.
.._TRI---ED PROPER T~ ~.~ , ~
LO~
N - DIXIE HIGHWAY ABANDONMENTS -
PREVIOUS AND PROPOSED ABANDONMENTS
O~ OF OELRAY BEACH,
PLANNIN6 ~ ZONIN6 DEPAR~ENT
-- DIGITAL ~S~ ~P S~M --- M~ REF ~577
Illllllllhlllllllllll
04/15/~00~ 12:41 :~
OR l~ 1~? P~ 1
Palm Beach County, Florida
RESOLUTION NO. 29-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DF.I.RAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF DIXIE HIGHWAY RIGHT-
OF-WAY (ROW) LOCATED APPROXIMATi~J.Y 740 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 Ddray 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 he,ring on January 28,
2002, and voted 7 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
WHE~, as a condition of the abandonment of the area described below, the
applicant shall dedicate ten feet (10') of right-of-way along Federal Highway adjacent to lots 13 & 14
of the Plat of Delray Beach Estates to the City for highway purposes; and
~HEREAS, 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
rese:ves unto itself a utility easement over the entire area thereof, as more partic~_,larly 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 FOLI-OWS:
~ 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
Resolution No. 29-02
BOOK
right and interest it holds to the following real property for fight-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 particnlarly described as follows:
THE EAST 20 FEET OF RIGHT-OF-WAY OF DIXIE
HIGHWAY BEING BOUNDED ON THE NORTH AND
SOUTH BY THE WESTERLY EX'I~NSION OF THE NORTH
AND SOUTH LINE OF THE FOLLOWING DESCRIBED
PARCEL
Lo'rs 13 AND 14, PLAT OF DRI.KAY BEACH ESTATES,
ACCORDING OT THE PLAT THEREOF ON FILE IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND
FOR PALM BEACH, FLORIDA, RECORDED IN PLAT BOOK
21, PAGE 13, LESS AND EXCEPTING THEREFROM THE
PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHWEST CORNER OF SAID LOT 14, DRI.KAY BEACH
ESTATES; THENCE SOUTHERLY ALONG THE WESTERLY
LINE OF SAID LOT 14, 20.25 FEET; THENCE EASTERLY
PAP.AI.I.RI. TO AND 20 FEET SOUTHERLY (MEASURED AT
RIGHT ANGI.RS) FROM THE NORTH LINE OF SAID LOT
14, 185 FEET; THENCE NORTHERLY AT RIGHT ANGRI.q
TO THE PRECEDING COURSE, 20 FEET TO A POINT IN
THE NORTH LINE OF SAID LOT 14; THENCE WESTERLY
ALONG SAID NORTH LINE 189.2 FEET, MORE OR LESS, TO
THE POINT OF BEGINNING.
Containing 3,694 square feet, more or less.
~ As a condition of the abandonment of the property described above,
the property described in Exhibit "A" shall be dedicated to the City for right-of-way purposes.
/), '1 PASSED AND ADOPTED in ,Keg~d~r se~n oil t~t~ ~ ~
,2002. [~
MAYOR
City Clerk
2
Resolution No. 29-02
~0 u
LEGAL DESCRIPTION OF RIGHT-OF-WAY TO BE ABANDONED
THE EAST 20 FEET OF RIGHT-OF-WAY OF DIXIE HIGHWAY BEING BOUNDED ON THE
NORTH AND SOUTH BY THE WESTERLY EXTENTION OF THE NORTH AND SOUTH
LINE OF THE FOLLOWING DESCRIBED PARCEL
LOTS t3 AND 14, PLAT OF DELRAY BEACH ESTATES, ACCORDING TO THE PLAT
THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND
FOR PALM BEACH, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 13, LESS AND
EXCEPTING THEREFROM THE PORTION DESCRIBED AS FOLLOWS: BEGINNING AT
THE NORTHWEST CORNER OF SAID LOT 14, DELRAY BEACH ESTATES; THENCE
SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 14, 20.25 FEET; THENCE
EASTERLY PARALLEL TO AND 20 FEET SOUTHERLY (MEASURED AT RIGHT ANGLES)
FROM THE NORTH LINE OF SAID LOT 14, 185 FEET; THENCE NORTHERLY AT RIGHT
ANGLES TO THE PRECEDING COURSE, 20 FEET TO A POINT IN THE NORTH LINE OF
SAID LOT 14; THENCE WESTERLY ALONG SAID NORTH LINE t89.2 FEET, MORE OR
LESS, TO THE POINT OF BEGINNING.
BOOK ~3~17 PflGE 1543
Dorothy H. Ui~ken~ Clerk
[lTV OF DELRI:IV BER£H
DELRAY BEACH
1993
2001
CITY CLERK
100 N.W. 1st AVENUE
CERTIFICATION
DELRAY BEACH, FLORIDA 33444 561/243-7000
I, BARBARA GARITO, City Clerk of the City of Delray Beach, do
hereby certify that the attached document is a true and correct copy of
Resolution No. 29-02, as the same was passed and adopted by the Delray
Beach City Commission in regular session on the 2nd of April, 2002.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 8th day of April,
2002.
Barbara Garito
City Clerk
City of Delray Beach, Florida
Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS