02-04-74SpMtg 247'
FEBRUARY ~ ].974
A special meeting of the City Council of the city of Delray
Bead:, Florida, was held in the Council Chrnmbers at 7:00 P.M., Monday,
February 4, 1974, with Vice-Mayor Leon M. Weekes presiding, City
Manager J. Eldon H~riott~ City Attorney G. Robert Fellows and Council
members Grace S. Rrivos, J. L. Saunders and ]David E. Randolph present.
Mayor. James N. Scheifley was absent.
The Lord's Prayer was repeated in unison.
The Pledge of Allegiance to the Flag of the United States of
America was given.
Vice-Hayer Wee]~es called tl~e meeting to order and announced
that same had been called for the purpose of considering two items,
and that the City Nanager aisc had sever~l items to discuss.
The City Manager presented Ordinance No. 6-74.
AN OPg3INANCE OF TiIE CITY OF DELPJIY BEACH, FLORIDA,
REZON!NG APO PLACING PRESENTLY ZONED LI LIGHT IN-
DUSTRIAL IA~3S IN AN AREA BOUI'iDED ON THE NORTH BY
THE LAi(E WORTH DPJ~!HAGE DISTRICT CANAL LATEP-AL 32,
ON t?IE EAST BY THE 1-95 RIG!IT-OF-?~iY, ON THE WEST
BY CONGRESS AVENXJE AND ON THE SOUTH BY T}~ SOU'TH
LINE OF THE W}~ OF NE% OF SE-~{ OF SECTION 18-46-4.3,
ALL LYING WiTHiN SECTION i8, ?CS;'TNSHiP 46 SOU%T!,
RANGE 43 EAST, IN "MI LLEDiUM INDUSTRIAL DISTRICT",
ANI) }~4Ei.'rD!NG Q!!E "ZONING NRP OF THE CI%~f OF DELP?~Y
BEACH, FL0!I!DA, 1972" .
City Manager Mariott stated this ordinance was recommended by
a vote of 5 to 2 by the Planning and Zoning Board sometime ago, with
Mr. Gent and Mr. Jacobson dissenting. Mr. Saunders move.d for the
adoption of Ordinance No. 6-74 on first reading, seconded by Mrs.
Krivos. Upon roll call, Council voted as follows: Mrs. Krivos - Yes;
Mr. Randolph - Yes; Mr. Saunders - Yes; Vice-Mayor Weekes - Yes.
Mrs. Krivos questioned Item 2 under the Description of Property
with .regard to the legal description of the Seaboard Coast Line Rail-
road property. The City Clerk replied she would research this before
the second reading.
The City Manager presented Resolution No. 2-74.
A RESOLUTION OF THE CI55{ COUNCIL OF THE CITY OF
DELFcAY BEACH, FLORIDA, VAOITING AND ABAN~DONING
N.E. 7TH COUI~T LYING BEf~JEEN N.E~ 6TH AND N.E.
7TH AVENUES AS S.HOR.iq ON PLAT OF McGINLEY ANI} GOS-
~4AN' S Sg~D±VIS',-ON DELI.~Y BEACr~, FLORLDA.
(Copy of Resolution No. 2-74 is attached to the official copy
of these minutes.)
248
City Manager Hariott stated that this Resolution involves an
original request by John ~[. Adams on behalf of his clients for the
vacating of all or part of right-of-way of N.E. 7th Court between
N.E. 6th Avenue and N.E. 7th Avenue. Since the last meeting,the tQo
attorneys involved, John H. Adams and John Ross Adams,.have met and
arrived at an agreement, that would be satisfactcry to both of them
and their clients. The Vice-Mayor asked Mr. Wilbur Lorne, one of
the principals involved, and Attorney John H. Adams representing Mr.
Wallace and the other parties, if the Resolution had the approval of
both parties in this instance. Mr. Lorne and Attorney Adams answered
in the affirmative. Mr. Randolph moved for the adoption of Resolution
No. 2-74, seconded bY Mrs. Krivos. Upon roll call, Council voted as
follows: Mrs. Krivos - Yes; Mr..Randolph - Yes; Mr. Saunders - Yes;
Vice Mayor Weekes - Yes.
The City Attorney reported that in ~epte~er 1973, the City
was served condemnation papers by the Department of Transportation
for four parcels of land near the Atlantic Avenue 1-95 Interchange.
The City agreed to sell this property to the Department of Transporta-
tion for $45,125.00. The Department of Transportation has held their
temporary he~ring in 'this matter and has received a final judgment in
the conde~ation proceedings. The City Attorney requested authority
from Council to finalize this transaction. Mrs. Krivos moved the
City Attorney be authorized to act on behalf of the City in the suit
of the Department of Transportation with the City for the conde~nation
of four parcels of land in the amount of $45,125.00, seconded by Mr.
S~unders, said motion passing unanimously.
The City Manager reported a letter has been received from the
First Baptist Church of Delray Beach requesting permission to erect
advertising signs at two locations in the City for a Church Revival
t~ be ]~id between Pebruary 17 and 22, i97~. The two locations are
at the S.E. corner of N.E. 4th Street and Swinton Avenue and on N.E.
2nd Avenue 200 feet south of the traffic light at the corner of N.E.
22nd Street. The signs will be taken down on or before February 25.
Mr. Saunders moved that permission be granted, seconded by ~.~s. Krivos,
said motion passing unanimously.
The meeting was adjourned at 7:15 P.M.
City .Clerk
APPROVED:
MAYOR
2-4.-74
248A
RESOLUT£ON [,~0. 2-7d.
A RESOI,UTION OP TI!E CITY COUI'~OIL OF TIlE
CITY OF DELFt\\' BEACJI, FLORID?,, VACATING
AND ABANDONING N.E. ?TIt COURT
R?~EEN N.E. 62'I-I AND N.E. 7TH AVENUES AS
SHO~'~N ON PLAT OF McGINLEY AND GOSMAN'S
SUBDIVISION, DELPJIY BEAClI, FLORIDA.
WHEREAS, certain parties hnve pet'itioned the City of Delray
Beach, Florida, for abandonment of N.E. 7th Court lying between N.E.
6th and N.E. 7th Avenues as shown on plat of McGinley and Gosman's
Subdivision, Delray Beach, Florida; and,
WHEREAS, this matter was referred to the Planning and Zoning
Board and after due consideration, they reco~m~,ended that said right-
of-way be abandoned, reserving however unto the City a utility ease-
ment over, under, and across the hereinafter described property; and,
WHEREAS, the city Council deems it to be in the best interest
of the City to abandon said N.E. 7th Cour't in McGinley and Gosman's
Subdivi s ion,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
That pursuant to Section Seven (7), Paragraph Three (3) of
the City Charter of the City of Delray Beach, Florida, it is hereby
determined to vacate and abandon the hereinafter described right-
o f-way:
~hat part of N.E..7th Court lying between the East
right-of-way line of N.E. 6th Avenue and the West
right-of-w~.y of !~.E. 7th Avenue, as shown on P!nt
of McGinley and Gosman's Subdivision as recorded
in Plat Book 2, page 87 of the Public Records of
Palm Beach County, Florida.
However reserving unto itself a utility easement over,
under and across the following described properties:
PARCEL NO. i:
The South fifty (50) feet of the East One Hundred
Sixty Two (162) feet of N.E. 7th Court lying. West
of the West right-of-why line of N.E. 7th Avenue,
as sho~.~ on Blat of McGin!ey and Gosman's Subdivi-
sion as recorded in Plat Book 2, page 87 of the
Public Records of Palm Beach County, Florida.
PARCEL NO. 2:
That portion of N.E. 7th Court lying within five
(5) feet on either side of the center, line of said
7th Court, bounded on the West by the right-of-way
of U. S. Highway No. 1 and bounded on .the East by
Parcel No. 1
PASSED AND ADOPTED in special session on this the 4th
day cf February , 1974.
ATTEST:
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city ~r-Y: