Res 55-02RESOLUTION NO. 55-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF ROYAL PAI.M
BOULEVARD RIGHT-OF-WAY, LYING EAST OF FEDERAL
HIGHWAY, AS MORE PARTICULARLY DESCRIBED
HEREIN, BUT RESERVING AND RETAINING TO THE CITY
A UTILITY EASEMENT AND AN INGRESS/EGRESS
EASEMENT FOR PUBLIC ACCESS OVER THE ENTIRE
AREA THEREOF, AS MORE PARTICULARLY DESCRIBED
HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a portion of Royal Palm Boulevard Right-of-Way, as more particularly described
herein (See Exhibk "A"); and
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 heating on May 20, 2002,
and voted 5-0 to recommend approval of the abandonment, based upon positive findings with
respect to LDR Section 2.4.6(O)(5), and subject to the conditions that a general utility easement and
an ingress/egress easement for the general public be retained over the entire area and that no gate
shall be constructed anywhere within the abandonment area without the written consent of the
Estuary and Estuary II developments; and
WHEREAS, the City Comrrfission 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 Dekay 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 maintaimg, 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 as well as an
ingress/egress easement over the entire area thereof, as more particularly described herein, for
general public access and that no gate shall be constructed anywhere within the abandonment area
without the written consent of the Estuary and Estuary II developments.
RES. NO. 55-02
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, as well as an ingress/egress easement for access
by the general public over the entire area thereof, more particularly described in Exhibit "A",
attached hereto, and that no gate shall be constructed anywhere within the abandonment area
without the written consent of the Estuary and Estuary II developments
PASSED AND ADOPTED in regular session on this the/~y of/~~
2002.
MAYOR
City Clerk
RF_~. NO. 55-02
Exhibit "A"
A portion of Royal Palm Boulevard lying west of the northerly projection of the east
line of lot 11, block B, according to the plat of "Plat No. 3, Royal Palm Gardens" as
recorded in plat book 21 at page 57 of the public records of Palm Beach County,
Florida, being more partiodarly described as follows:
Beginning at the northeast comer of lot 11 in block "B" of said plat: thence due west
(basis of beatings) along the south fight of way of said Royal Palm Boulevard 553.75
feet to the east fight of way of Federal Highway (State Road No. 5): thence north
8029'00" east along said right of way of Federal Highway, 50.55 feet to the southwest
comer of lot 3 in Block "A" of said plat and the north fight of way of said Royal
Palm Boulevard: thence due east along the north fight of way of said Royal Palm
Boulevard 546.29 feet: thence due south 50.0 feet to the point of beginning.
Said lands situate, lying and being in Palm Beach County, Florida and containing
27,501 square feet more or less.
RES. NO. 55-02
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDE~;~.~M A~
PAUL DORLING,'DIRECTOR OF I~LANNING AND ZONING
NGUYEN TRAN, SENIOR PLA, NI~~
MEETING OF JULY 16, 2002 CONSENT AGENDA*
ABANDONMENT OF A PORTION OF ROYAL PALM BOULEVARD, LOCATED ON
THE EAST SIDE OF NORTH FEDERAL HIGHWAY (U.S. 1), APPROXIMATELY 3,600
FT. SOUTH OF GULF STREAM BOULEVARD, IN CONJUNCTION WITH OLD PALM
GROVE DEVELOPMENT.
The request involves abandoning a 553' x 60' rectangular shaped parcel, containing approximately 27,501
square feet (0.63 acre). The parcel represents the remaining public portion of Royal Palm Boulevard right-of-
way. Royal Palm Boulevard east of the proposed abandonment area (the northerly projection of Lot 11, Block B,
Plat No. 3 of Royal Palm Gardens), has been abandoned and incorporated into the plat of "Estuary I1" as a
private roadway in February of 2002.
The abandonment of right-of-way request was submitted by New Urban/RFC Developers, LLC. The applicant
intends to paver brick the abandonment area and use the road as access for a proposed residential development
called Old Palm Grove Village, which recently received Master Plan Approval. Currently, the subject parcel is
improved and functions as a public road. The City's Environmental Services Department and Florida Power &
Light have identified facilities within the subject area. A utility easement and ingress/egress easement will be
retained over the entire abandonment area.
At the City Commission Meeting of March 19, 2002, Resolution No. 26-02 was approved which finalized the
Royal Palm Boulevard Special Assessment District. This special assessment district was created in order to
share the cost for recently constructed improvements to Royal Palm Boulevard between the C~ty of Delray
Beach, the Community Redevelopment Agency, and the adjacent property owners (The Estuary, Estuary II, and
New Urban/RFC Developers).
The DSMG (Department Services Management Group) considered the abandonment at its May 2, 2002 meeting
and discussed the appropriateness of abandonment given the recent expenditure of $34,314.00 by the City on
this improvement. The Community Redevelopment Agency (CRA) considered the abandonment at its May 23,
2002 meeting and discussed the appropriateness of abandonment given the recent expenditure of $30,138.00
by the CRA on this improvement.
The applicant is aware of the concerns of both the DSMG and the CRA with respect to the amount of public
money recently invested in this roadway. The applicant has offered to reimburse the City and the CRA for those
amounts.
! ....... i - .... ,, o^,p !
At its meeting of May 20, 2002, the Planning and Zoning Board considered the request at a public hearing.
There was no public comment concerning this item. After reviewing the staff report and further discussion, the
Board voted 5-0 to recommend approval subject to conditions.
By motion, approve the abandonment of the remaining portion of Royal Palm Boulevard right-of-way and reserve
a utility and ingress/egress easement over the entire abandonment area based upon positive findings with
respect to LDR Section 2.4.6(0)(5).
Attachments: · Abandonment Resolution
· Planning & Zoning Staff Report of May 20, 2002
S:\ P&Z~boards\citycommission\Royal Palm Blvd -Aban-CCDoc.doc
RESOLUTION NO. 55-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF ROYAL PALM
BOULEVARD RIGHT-OF-WAY, LYING EAST OF FEDERAL
HIGHWAY, AS MORE PARTICULARLY DESCRIBED
HEREIN, BUT RESERVING AND RETAINING TO THE CITY
A UTILITY EASEMENT AND AN INGRESS/EGRESS
EASEMENT FOR PUBLIC ACCESS OVER THE ENTIRE
AREA THEREOF, AS MORE PARTICULARLY DESCRIBED
HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an apphcation for
abandonment of a portion of Royal Palm Boulevard Right-of-Way, as more pamcularly described
hereto (See Exhibit "A"); and
WHEREAS, smd 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 Secuon 2.4.6(O)(3)(e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on May 20, 2002,
and voted 5-0 to recommend approval of the abandonment, based upon positive findings with
respect to LDR Section 2.4.6(0)(5), and sublect to the condiuon that a general utdity easement and
an ingress/egress easement for the general public be retained over the entire area; and
WHEREAS, the Cxty Commission of the City of Delray Beach, Florida, finds that
xts interest in the described property ~s no longer needed for the pubhc good and deems ~t 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 Secuon 2.4.6(O)(5), but does not abandon and retains and
reserves unto ~tself a utihty easement over the entire area thereof, as more partrcularly described
herein, for the purpose of emergency access and constructing and/or maintaining, e~ther over or
under the surface poles, wires, pipes, sewers, drainage fac~lilaes, or any other facihties used for
various public utilities whether owned by the C~ty or private corporations as well as an
ingress/egress easement over the entire area thereof, as more particularly described hereto, for
general public access.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
RES. NO. 55-02
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 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, esther over or under, the surface
poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various pubhc utihties
whether owned by the City or private corporations, as well as an regress/egress easement for access
by the general pubhc over the enttre area thereof, more particularly described as follows:
See Exhibat "A"
2002.
PASSED AND ADOPTED m regular session on this the __ day of
ATTEST:
MAYOR
City Clerk
RES. NO. 55-02
Exhibit "A"
A portion of Royal Palm Boulevard lying west of the northerly projection of the east
line of lot 11, block B, according to the plat of "Plat No. 3, Royal Palm Gardens" as
recorded in plat book 21 at page 57 of the pubhc records of Palm Beach County,
Florida, being more particularly described as follows:
Beginning at the northeast comer of lot 11 m block "B" of said plat: thence due west
(basis of bearings) along the south right of way of said Royal Palm Boulevard 553.75
feet to the east right of way of Federal Highway (State Road No. 5): thence north
8029'00" east along smd right of way of Federal Highway, 50.55 feet to the southwest
corner of lot 3 m Block "A" of smd plat and the north right of way of said Royal
Palm Boulevard: thence due east along the north right of way of sa~d Royal Palm
Boulevard 546.29 feet: thence due south 50.0 feet to the point of begmmng.
Said lands situate, lying and being m Palm Beach County, Florida and containing
27,501 square feet more or less.
RES. NO. 55-02
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
May 20, 2002
IV.J.
Abandonment of a Remaining 550' Portion of Royal Palm Boulevard,
Located on The East Side of North Federal Highway (U.S. 1 ), Approximately
Halfway Between Gulf Stream Boulevard and George Bush Boulevard (N.E.
8th Street).
GENERAL DATA:
Owner ................................... General Public
Agent/Applicant ....................... New Urban / RFC
Developers, LLC.
Location ...................................... Royal Palm Boulevard
right-of-way
Property Size .............................. 0.63 Acre
Adjacent Zoning ................ North: RM (Multiple Family
Residential-Medium
Density) & PRD
East: RM
South: PRD
West: GC (General Commercial)
Existing Land Use ...................... Improved right-of-way
Proposed Land Use .................... Abandonment of the
remaining portion of Royal
Palm Boulevard to be
incorporated as part of Old
Palm Grove Village
Development.
Water Service ............................. N/A
Sewer Service ............................. N/A
/---7 [////////////
i'l / L^KE AW.UF S
BUSH
BOULE]VARD
IV.J.
The item before the Board is that of making a recommendation to the City
Commission on the proposed abandonment of a 553' x 50' portion of Royal
Palm Boulevard, located on the east side of North Federal Highway (U.S. 1),
approximately 3,600 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 North Federal Highway (U.S. 1),
approximately halfway between Gulf Stream Boulevard and George Bush
Boulevard (N.E. 8th Street). Royal Palm Boulevard was dedicated with the
recordation of Plat No. 3, Royal Palm Gardens (Plat Book 21, Page 57, of the
Public Records of Palm Beach County, Florida) in January of 1947.
Currently the subject parcel is improved, and functions as a public road.
Royal Palm Boulevard east of the proposed abandonment area (the northerly
projection of Lot 11, Block B, Plat No. 3 of Royal Palm Gardens), has been
abandoned and incorporated into "The Estuary" and "The Estuary I1"
Development as private roadway access.
Earlier this year, the City Commission adopted Resolution No. 26-02 which
established the Royal Palm Boulevard Special Assessment District. The Royal
Palm Special Assessment District was created in order to share the cost for
Royal Palm Boulevard street improvements between the City of Delray Beach,
The Community Redevelopment Agency (CRA), and the adjacent property
owners. The total cost for the street improvement was $124,728.00. The CRA
contributed $30,138.00, the adjacent property owners (Estuary II and The
Estuary Development) contributed $60,276.00 and the City of Delray Beach
contributed the remainder of the cost.
The subject area is a 553' x 50' rectangular shaped parcel, containing 27,501
square feet (0.63 acre). The parcel represents the remaining public portion of
Royal Palm Boulevard right-of-way.
The abandonment of right-of-way request was submitted by New Urban/RFC
Developers, LLC. The applicant intends to incorporate the abandonment area
into a proposed residential development consisting of single family homes and
townhouse units called Old Palm Grove Village which is currently under review
for Site Plan Approval.
Planning and Zoning Board Staff Report
Royal Palm Boulevard 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).
The proposed abandonment portion of Royal Palm Boulevard is directly abutting
Lots 3 through 11, Block A; Lots 8 through 11, Block B and Lot 25, Block B of
Plat No. 3, Royal Palm Gardens. By vacating this right-of-way, all lots mentioned
previously are entitled to one half of this parcel divided equally at the center line.
The applicant is entitled to the majority of the abandonment area with the
exception of the area south of Lots 6 through 11, Block A. This one half portion
of the abandonment area (25' x 300') will be returned to the "Estuary Il"
development property owners to the north.
Since the applicant is seeking the entire abandonment area to incorporate it into
the proposed Old Palm Grove Village Development, an agreement to purchase
the property from the owners of the Estuary II will have to be executed.
Utility Services
The Environmental Services Department (ESD) has identified water & sewer
facilities in the subject area. ESD has requested a replacement utility easement,
to cover existing and planned facilities.
Florida Power & Light (FP&L) has identified existing poles and street light
facilities along the north right-of-way of Royal Palm Boulevard. FP&L has
requested a 10' wide easement be provided over their existing facilities.
Adelphia, BellSouth and Florida Public Utilities Company have reviewed the
proposed 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:
A) That there is not, nor will there be a need for the use of the right-of-way
for any public purpose.
Royal Palm Boulevard is a dead end road, with its western terminus being
North Federal Highway (U.S. 1) and its eastern limit being the private roads
within the Estuary II townhouse development. Currently, Royal Palm
Boulevard functions as public access to a private road. Once Old Palm
Grove Village Development is constructed, the subject parcel will be
Planning and Zoning Board Staff Report
Royal Palm Boulevard Abandonment
Page 3
surrounded by pdvate development and as long as access rights for the
private property owner across the abandonment area are retained through an
ingress/egress easement, there will not be public need for the roadway.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
The City will require the dedication of an ingress/egress easement over the
entire abandonment area as a condition of approval. The abandonment will
not prevent access to any parcel as long as this ingress/egress easement is
dedicated.
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 will
be retained for maintenance and improvement purposes.
The abandonment proposal is not within the geographical area requiring review
by H.P.B. (Historic Preservation Board), or the D.D.A. (Downtown Development
Authority).
The abandonment proposal is within the C.R.A. (Community Redevelopment
Agency) geographical area and is scheduled for the next CRA Board Meeting to
be held on May 23, 2002. Discussion will be held as to whether the CRA would
like to be reimbursed for their portion of Royal Palm Boulevard road construction.
The DSMG (Department Services Management Group) considered the
abandonment at its May 2, 2002 meeting. The City's Share of the improvement
was discussed. It was the consensus that the applicant reimburse the City for
the amount expended on the actual road improvements ($34,314.00). As the
City is to retain ownership of the other infrastructures (utilities), no
reimbursement will be required for these improvements. The DSMG
recommended approval subject to the following;
1. Reimbursement to the City the amount paid for that portion of the road
construction, and
2. A utility and access easement will be retained over the entire
abandonment area, and
3. No gate will be constructed without the written consent from the Estuary
and Estuary II Developments.
Planning and Zoning Board Staff Report
Royal Palm Boulevard Abandonment
Page 4
Courtesy Notices:
Courtesy notices have been provided to the following:
PROD (Progressive Residents of Delray)
La Hacienda Homeowners Association
Kokomo Key Homeowners Association
Presidents Council
North Palm Trail Homeowners Association
Town of Gulf Stream
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.
The public portion of Royal Palm Boulevard currently functions as public right-of-
way leading to a private development. With the construction of Old Palm Grove
Village in the near future, this public right-of-way will be surrounded by private
development (Old Palm Grove Village, Estuary II and The Estuary). The public
need for the right-of-way is therefore limited. By retaining a utility easement and
dedicating an ingress/egress over the entire abandonment area, all future access
for private property owners, their guests and utility needs will be accommodated.
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 remaining 553' x 50' public portion of Royal Palm Boulevard right-of-way,
based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to
the following conditions:
The Official Resolution abandoning the subject area includes language
which establishes a utility easement and ingress/egress easement over
the entire abandonment area, and
Planning and Zoning Board Staff Report
Royal Palm Boulevard Abandonment
Page 5
2. Reimbursement to the City the sum of $34,314.00 for the recent roadway
construction for Royal Palm Boulevard, and
Reimbursement to the CRA the sum of $30,138.00 for their amount
expended on the recent roadway construction (dependent upon the CRA
Board's decision scheduled for May 23, 2002), and
4. No gate shall be constructed anywhere within the abandonment area
without the written consent of The Estuary and Estuary II developments.
Attachments:
· Locabon Map
· Reduced Survey
File: S:\Planning&Zoning\Boards\P&Z Board\Royal Palm Boulevard.doc
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CITY Of DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
-- DICITAL ~45E MAP SY~T£M --
ROYAL PALM BOULEVARD ABANDONMENT
'l- PORTION PROPOSED FOR ABANDONMENT