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03-09-70 MARCH 9, 1970. A regular meeting of the City Council of the City of Delray Beach was held in the Council Chambers at 8:00 P.M., with Mayor J. L. Saunders in the Chair, City Manager R. D. Worthing, City Attorney G. Robert Fellows and Council members Grace S. Martin, John L. Pitts, III, James H. Scheifley. and O. F. Youngblood being present. 1. An opening prayer was delivered by Dr. Frederic F. Bush, Jr. 2. The Pledge of Allegiance to the Flag of the United States of America was given. X. Mayor Saunders welcomed Mrs. Martin back following an illness and hospitalization. 3. The minutes of the regular meeting of February 24th, 1970, were unanimously approved, on motion by Mr. ¥oungblood and seconded by Mr. Pitts. 4. City Manager Worthing read the following letter to the Fire Depart- ment, dated March 5, 1970, and signed by Mr. C~ A. Riddle: "The purpose of this letter is to express my thanks and deepest appreciation to the members of your department for a service recently performed by you in my behalf. Your prompt and efficient response to a distress call is a great personal comfort to me, and a continuing source of amazement and admira- tion to my friends and the others who were involved. Again, my sincere 'thank you' and my hope that the City is as aware, as I now am, of your ability and desire to be of service." 5. Mr. Pitts said he had read items in the paper and there had been discussion about further treatment of sewage that is being put into the ocean through outfall lines, and it is realized that someday the treatment of sewage will have to be increased or the outfall line ex- tended. He said he hopes City Manager Worthing is getting information for Council on government aid for further treatment of sewage in order that said plans may be started. Mr. Pitts reported that there are two or three young men 'divers in town who have been out and inspected the Delray Beach outfall line and also the one at West Palm Beach, and said he would like for them to be invited to one of the Council workshop meetings for a short presenta- tion of what they observed. 5. Mr. Pitts said he hoped the Council would soon start thinking about how the south beach property could be put to use, and that he had al- ways thought it would be a private beach for the people of Delray Beach and visitors of Delray Beach. He asked that the City Attorney check out a way to restrict it to that type of use. 5. Mr. Pitts referred to a proposed Hospitalization Plan that the Fire Department and other City employees are interested in, and re- po~ted that Finance Director Weber will soon have a report on same. 5. Mr. Pitts reported he had been in contact with several young men of Delray Beach who are quite interested in the Master Plan and the results of it, particularly in regard to highrises. He said he hopes all of that will be taken into consideration when the Master Plan is presented to Council for approval. 5. In regard to the proposed Hospitalization Insurance, Mayor Saunders reported that he, Mr. Scheifley and City Manager worthing had discussed it briefly with' some of the firemen today, and the City Manager has been asked to set up a workshop meeting on that item in the very near future. -1- 3-9-70 5. Mr. Youngblood referred to the controversial Leasureville situation at Boynton Beach and the special Grand Jury inspection of same. He' said he would like to Caution the City Inspectors of the Building De- partment to tighten up on inspections before issuing occupancy certi- ficates. Further, that had cast a lot of reflection on the City Fa- thers, and council would not like to have something similar to that happen in Delray Beach. 5. Mr. Youngblood referred to the trip to Tampa this month to the Florida League of Municipalities Convention, and said the .meeting had not been as informative as in past years, but that he was particularly interested in a paper distributed by the Mayor of Bradenton who styles his municipality as the ideal one in th~ State 'of Florida.' He read the items on the Sunshine Law, De-annexation and Annexa- tion and an item regarding the Police Department, and said the City Manager will send each Councilman a copy of said paper. 5. Mayor Saunders reported that he, Mr. Scheifley and City Engineer Fleming will attend a Solid Waste Disposal Seminar at the University of Florida next Monday and ~uesday, and they are in hopes of getting information that will be helpful to the City in the next few weeks. 6oa. Regarding .membership on the Board of Adjustment, City Manager Worthi.n.~ informed Council that Mr. Samuel J. Scobee has submitted his resignation as a member of 'that Board 'due to conflict of meeting dates with other business commitments, and the remaining members recommend that Mr. Haild Zeder, an alternate member of that Board, be .appointed as a regular member, replacing and for the Unexpired .term of Mr. Scobee, said term expiring March 15, 1971. Further, the Board recom- mends the reappointment of Mrs. Eleanor Gringle, whose present term expires March 15, 1970, as a regular member of said Board for a three- year term to expire March 15, 1973, and subject to COuncil approval of Mr. Zeder's appointment as a regular member, it is recommended that Mr. Charles F. Hill be appointed as an alternate member of said Board for a three-year term to expire on March 15, 1973. The Board of Adjustment recommendations for appointment of members was unanimously sustained, on motion by Mr. Youngblood and seconded by Mr. Scheifley. Mr. Pitts suggested that the Board of Adjustment be invited to a workshop meeting at some future date that Council may talk with them and know their policy. The City Manager was asked to arrange such a meeting. 6.b. City Manager Worthing informed Council that the four-year term of Civil Service Board member Mr. King Cone expires April 1, 1970, and in compliance with Chapter 25784, Laws of Florida, provision should be made to fill said vacancy. Mr. Youngblood moved that Mr. I. C. Smith be 'appointed to succeed Mr. Cone for a four-year term expiring April 1, 1974, and that a letter of appreciation for his many years of service be sent to Mr. Cone .... The motion was seconded by Mr. Pitts and' carried unanimously. 6.c. The City Manager reported that as a result of acquirih~,g the new Dempster-Dumpster equipment, there are six surplus garbage rear loader packers on hand, and bids have been received cOncerning sale of same. The bids were listed in full in Item 6.a. of the February 24, 1970, Council meeting minutes, the Standard Truck & Equipment Company of Atlanta, Georgia, making a bid of $12,016.00 for said equipment if they are awarded all six trucks. City Manager Worthing recommended that the bid of Standard Truck & Equipment Company in the amount of $12,016.00 be accepted. The recommendation of the City Manager was unanimously sustained and the high bid of $12,016.00 for all six trucks was accepted, on motion by Mr. Scheifley and Seconded by Mr. Youngblood. -2- 3-9-70. 7oa. Council was informed that an application has been received from the Yellow Cab Company, .Inc., of West Palm Beach, petitioning for two Certificates of Public Convenience and Necessity for taxicab operation, and City Manager Worthing recommended that Council authorize.the re- quired public hearing on said application to be held at the next regu- lar Council meeting on March 23, 1970. The Council unanimously approved the date of March 23, 1970, for a Public Hearing on the application for two additional taxicabs, on mo- tion by Mr. Pitts and seconded by Mr. Youngblood. 8.a. City Manager Worthing presented ORDINANCE NO. 4-70. AN ORDINANCE RELATING TO ALCOHOLIC BEVERAGES; AMENDING SECTION 4-5 OF T~E CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE SALE OF LIQUOR ON THE NORTH 300 FEET OF SOUTH 1600 FEET OF GOVERNMENT LOT 1 LYING EAST OF STATE ROAD NO. 140 (A1A), SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, OF THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Ordinance No. 4-70 is attached to the official copy of these minutes.) See page 54-A. A ~ublic Hearing having been legally advertised in compliance with the laws of the State. of Florida and the Charter of the .City of Delray Beach was held, and there being no objection to Ordinance No. 4-70, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Youngblood and seconded by Mr. Pitts. 8.b. The City Manager presented ORDINANCE NO. 6-70. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDa, AMENDING SECTION I-7, CHAPTER 1, CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, PERTAINING TO APPLICATIONS REQUIRING PUBLIC NOTICE. Ordinance No. 6-70 was unanimously placed on first reading, on motion by Mr. Scheifley and seconded by Mrs. Martin. 8.c. City Manager Worthing presented ORDINANCE NO. 7-70. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRA¥ BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 11, BLOCK 2, DEL-BATON PARK, WHICH LAND IS CONTIGU- OUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFIN- ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. Ordinance No. 7-70 was unanimously placed on first reading, on motion by Mr. Pitts and seconded by Mrs. Martin. 9.a. City Manager Worthing read the following Planning and Zoning Board recommendations, dated March 3, 1970, concerning TIME LIMIT ON SPECIAL EXCEPTIONS. "At a regular meeting of the Planning & Zoning Board held at 8:00 A.M., March 3rd, 1970, in the City Council Chambers, the Board moved unanimously to recommend to City Council that the necessary changes be made in existing ordinances regarding special exceptions to read: 'In making a grant of special exception, the City Council 'shall prescribe a time limit of no~ to exceed tweive (12) months within which the aPplic&~i~n~!'for the first struc- tural building P~m%t must be s~itted. The ,grant of special exception may b~ ex~n~?for an additional th. tee (3) months period by the Ci~ ~uncil on recommendati6n of the Planning Board. _Failur~ to apply for said build- ing permit shall void the ~ecial e~Ception. '" The City Manager said he believes that provisions currently set forth in sub-paragraph~ (E) and (G) of Section 29-7.5% in the Code of Ordinances provides C~cil with all the authorization necessary tO prescribe Such requirements an'd time limit. This item was deferred for discussion at a workshop meeting. 9.b. Concerning abandonment of a dedicated right-of-way, City Manager Worthing read the following Planning and zoning BOard report, dated March 3, 1970: "At a regular meeting of the and Zoning Board held at 8:00 A.M., March 3, 1970, in cha~~, the Board, by unanimous decision, approge~ rec.~ng to the City Council that the request .for Lane', a dedicated street and cul-de-sac, on owned by the Moore Real Estate Trust, in Se extending ,westerly from Andrews Avenue toward the. ~Z~tr~astal Waterway, be approved subject to the approval of the Engineer." He said the City Engineer and the Fire Department have no objec- tions to such abandonment, and Council may deny the petition or sus- tain the recommendation and approval by the Board in granting the re- quest for such abandonment; further, subject to acceptance of said recommendation, 'adoption of the following Resolution to so provide is recommended. RESOLUTION NO. 23-70. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND 'ABANDONING A RIGHT-OF-WAY AND CUL-DE-SAC IN LOTS 24 AND 25, OF THE 'SUBDIVISION OF SECTION 9, TOWNSHIP 46 ~TH, ~AEGE 43 EAST, CITY OF DELRAY BEACH, FLORIDA. · (Copy of Resolution No. 23-70 is attached to the official copy of these minutes. ) See page 54-B. Mr. Robert John, ..~representing Mr. John Elliott who has an interest in said property, asked what the plans are for said Property if the requested abandonment is approved. It was pointed out that this is RM-1A zoned land and any new owner or developer would have' to prepare site plans for the development of said property and those plans would have to be approved 'by Council. ReSolution No. 23-70 was unanimously passed and adopted on this first and final reading, on motion by Mr. Scheifley and seconded by Mr. Youngblood. 9.c. The City Manager reported that the proposed development plans for a tract of land, 99 lots in Tropic Palms, comprising approximately 24 acres, bound on the north by Egret Circle, on the east by jaeger Drive, on the south by Dotterel Road, and on the west by Lindell Boulevard, and Site Plan relative thereto, were revieWed by Council and the Plan- ning and Zoning Board at a workshop meeting on February 26th. Further, in conformity with' the provisions outlined in Chapter 29 of the City's Code of Ordinances, Council may deny said S~te Plan or sustain the rec- ommendation of the Board, as set forth in its report dated March 4th, reflecting approval of the Site Plan for development of the property to be known as LAKE RAY, and this Site Plan approval should be under- stood to incorporate an acceptance of the re-plat of said 24-acre de- velopment as jointly approved 'by Council members with the Planning and Zoning Board at the workshop meeting of February 26th. During lengthy discussion of the proposed development of said prop- erty,it was pointed out that the Planning Board has ma~e a recommenda- tion for an ordinance amendment to provide two parking spaces for each multiple dwelling unit with two or more bedrooms and 1.7 parking spaces for one-bedroom units. -4- 3-9-70 Mr. Arthur Strock, Engineer, representing Mr. Abe Shapero, display- ed architects renderings of the proposed development, and was asked by Council if the developer would provide two parking spaces for their two-bedroom units. Mr. Shapero authorized Mr. Strock to make the change and allocate · the land for two parking spaces for each of their proposed two-bedroom apartments. Mr. Abbott, Director of Planning, zoning and Inspection, infdrmed Council that representatives of the Beautification Committee have look- ed over these site plans and made certain recommendations.. Following. further discussion, Mr. Scheifley moved that this item be tabled until the next meeting to give the Planning and Zoning Board an opportunity to review the revised site plans, the motion being seconded by Mr. Youngblood and unanimously carried° 9.d. City Manager Worthing reported that the Site Plan for the develop- ment of Lots 23 thru 27, 1st Addition to Kenmont Subdivision, were re- viewed by the Council and Planning Board, and the Planning Board recom- mends approval of said Site Plan. Further, that the Beautification Committee has reviewed said plans, felt the overall plans were well thought out, and added a few minor recommendations which Mr. Abbott has made known to the developer. It was pointed out that this Site Plan provides for 1.7 parking spaces per unit and should also provide for two ~rking spaces for their two bedroom units. Mr. Pitts moved that this item be tabled until the next Council meeting, the motion being seconded by Mr. Youngblood and unanimously carried. 9.e. The City Manager reported that the proposed _development plans for a professional medical office building_ on Lots 1 thru 5, Block 10, Del-Ida Park Subdivision, located at the intersection of N. E. 8th Street, 3rd Avenue and Dixie Boulevard, were reviewed by the Planning and Zoning Board and Council at a recent workshop meeting, and that the Planning Board recommends approval thereof. Further, the Beauti- fication Committee has reviewed said plans and felt good provisions have been made and recommended a few minor chang, es. Said .Site Plan was unanimously approved, on motion by Mr o Scheifley and seconded by Mr o Pitts. 9.f. The City Manager read the following Traffic and Parking Committee meeting minutes of February 24, and March 3, 1970: "The request of the Delray Beach National Bank for relocation of their drive-in tellers as it relates to the traffic involved was tabled, by unanimous consent, for additional investigation. Concerning the petition to widen Ingraham Avenue between A1A and Gleason Street, we refer to two previous recommendations of acquiring the South 59.4 fee~t of Ocean Beach Lot 24 (148 South ocean Boulevard). to provide not only the widening of Ingraham but some 55 beach-front parking spaces. As to Ocean Terrace, it is strongly recommended that a 40- foot right-of-way be established for present and future needs." "The entire meeting was devoted to the request of the Delray Beach National Bank to relocate its drive-in tellers, as con- cerns its effect on traffic in the area. Safety Officer Sgt. Dalton explained a revised traffic pat- tern for the entire area and after considerable discussion and a ~ew minor changes, a motion was made by Mr. Kabler endorsing the traffic plan as being feasible and a definite improvement of .~xisting conditions. Seconded by Mr. Love and carried unani- mously. A map of the area showing the recomme~gded plan is attached to the minutes." ~_ -5- 3-9=70 9.g. Concerning a request for rezoning.of lands, City Manager Worthing reported as follows= "The Planning and Zoning Board, following a pub- lic hearing and consideration of request for rezoning - Item 1. A tract of' land comprising approximately 63 acres lying 1000 feet south of Sherwood Park, in 'Section 24 and having 4047.79 feet of frontage on the north side of S. W. 12th Street, from R-1AA to RM-1; also Item 2. A tract of land comprising approximately 32 acres, lying north and east of Germantown Road, in Section 25 and having frontage on both S. W. 12th Street and Germantown Road, from R-1AA to RM-2. The Board, at a special meeting held on February 26th, recommends as fo 1 lows: Pertaining to ITEM 1 - By a~ vote of 6 to 1, favors requested change in zoning from R-1AA to RM-1; and Pertaining to ITEM 2 -By. a vote of 4 to 3, favors requested change in zoning from R-1AA to RM-2. However, a communication from the property owner, Mr. John Walker, has been received, which expresses-his willingness to accept RM-1 classi- fication of that triangular tract lying north and east of Germantown Road, as well as adjacent to and south of S. W. 12th Street. This con- cerns Item 2 whereof the Planning and Zoning Board, on a 4 to 3 vote, recommended RM-2 zoning. In subsequent action, however, the Board voted 5 to i to recommend that the City Council grant the petition as RM-1 (Multiple FamilY Dwelling District) in lieu of RM-2. Council may deny these zoning change requests or sustain the recom- mendations of the Board in providing reclassification, of said tracts of land described in Items 1 and 2 from R-1AA to RM-I." Mr. Gerald Dake, Planner, representing the petitioner Mr. john Walker, displayed posters Showing their preliminary concept of the proposed development of said land if same is rezoned. Mr. ¥oungblood moved to sustain the recommendation .of the Planning and zoning Board in reclassifying said tracts of land described in Items 1 and 2 from R-1AA to RM-1. The motion was seconded by Mr. Scheifley, and upon call of roll, Mr. Scheifley,i Mr. Youngblood and Mayor Saunders voted in favor of the motion and Mrs. Martin and Mr. Pitts were opposed. 9.h. The City Manager presented .the folloWing Planning and zoning Board recommendation, dated March 4, ~'1970, concerning MULTIPLE-FAMILY DWELLING UNIT PARKING. "At a regular me~ting of the Planning and Zoning Board held at 8:00 A.M., March 3rd, 1970, in the City Council Chambers, a motion passed unanimously'to recommend to City Council that parking requirements for multiple family dwellings be changed from 1.7 parking spaces per unit to 1.7 parking spaces per one- bedroom unitsand 2.0 parking spaces per two or more bedroom units with the following conditions: That is, a den, study, library or such.other extra room shall be considered as a bedroom by definition. AND, that the Planning consultants work out a balance be- tween parking, greenery, height and density. It is the feeling of the Board that a desirable apartment building with a density of 28 units per acre and 2 parking spaces per unit would not be feasible unless there were a regulation as to minimum greenery and the structure rose high enough in the air to allow under-building parking." Mr. Scheifley moved that the City Attorney be instructed to Prepare an Ordinance for presentation to Council at the next meeting which would require the parking spaces recommended by the Planning and Zoning Board. The motion was seconded by Mr. Pitts and carried unanimously. -6- 3-9-70 9.i. The. City Manager read the following Planning and Zoning Board report which resulted from referral by Council of a petition for aban- donment of a portion Of the east-west alley in Block 97: "At a regular meeting of the' Planning and Zoning Board held at 8:00 A.M., March~ 3rd, 1970, in the City-Council c~hambers, a motion passed unanimously to recommend to City Council that the request for abandonment of an alley in Block 97 be denied. In line with thiS, the Board passed a motion unanimously to recommend to City Council that said Council study the possibil- ity of acquiring a 16-foot strip of land along side the Easter- ly right-of-way line of the F.E.C. railway for an alleyway under the power of eminent domain. If this were done, the petitioner could apply again for aban- donment of the alleyway running East and West. At present, the abandonment would create a dead-end." The City Manager informed Council that Mr. Scobee, the petitioner, has this day agreed to dedicate sufficient land, namely the West 50 feet of Lot 10, which, together with the existing rights-of-way, will provide a-cul-de-sac exceeding 60 feet in diameter, satisfactory to both the Director of Public Utilities and the Fire Department. Mr. Scobee offered to dedicate the north 14 feet~ of Lot 9, Block 97, Which property is already paved, as ingress and egress to the north-south alley in said Block. Following discussion, Mr. Scheifley moved that said petition be referred back to the Planning and Zoning Board for consideration of the two new proposals. The motion was seconded by..-Mr. Youngblood and carried unanimously. 10.a. Mrs. Dorothea Montgomery asked if Council has any .control as to where the Post Office Department place their mail-drop boxes for motor- ists. She mentioned one located on venetian Drive not many feet south of Atlantic Avenue which blocks a lane. of traffic when someone is using it. Mayor Saunders asked that the Post Office be contacted about that item. Mrs. Montgomery said she thinks a dangerous condition exists in the use of the parking lot east of the Post Office south of N. E. 4th Street. Mayor Saunders said the Police Chief should look into that situation. X. Mayor Saunders commendedPolice Officer Nubin on his good work in moving traffic in the Delray Beach National Bank Area. 10.a. Mr. LeRoy W. Merritt, on behalf of the Chamber of Commerce, re- quested permission from the City to conduct the 5th Annual Delray Affair, sponsored by'the Chamber of Commerce, which involves using the public sidewalks, parking lanes on Atlantic Avenue, the Bon Aire Park and City Park, other facilities, and also the help of the City, a list of which has been furnished the City Manager, the Affair to be held on April 3rd & 4th. Said request was Unanimously granted, on motion by Mr. Youngblood and seconded by Mr. Pitts. 10.b. The City Manager said that at the last regular meeting, Council issued a directive in compliance with the Petition of property owners on White Drive, in Delray Beach Shores Subdivision, requesting relief from the flooded condition on that street, which condition has been re- viewed and steps taken to provide the desired relief. Further, the Attorneys for those property owners have been notified and property owners have expressed their appreciation O.f the corrective measures being undertaken. Mayor Saunders complimented the AdministratiOn on the prompt action on this item. -7- 3-9-70 10.b. City Manager Worthing informed Council members that all have been invited to attend a KICK-OFF Breakfast by Aqua-Crest Corp., in connection with a 'fund-raising campaign for providing a new swimming pool at Seacrest High School, and that said Breakfast will be held in the School Cafeteria at 8:30 A.M., Friday, March 13th. 10.b. Mr. Pitts reported that a local resident had made a good sug- gestion concerning loss of debris from the garbage trains, and asked that city Engineer Fleming. contact him on that~item. 10.c. City Manager Worthing presented Bills for Approval as follows: General Fund $ 117,534.11 Water Operating & Maintenance Fund 8,184.40 Utilities Tax.Revenue Fundt 1,550.00 Capital Improvements Construction Fund 50,866.32 Cigarette Tax Fund 11,458.71 Sewer Construction Loan Fund - First Federal S. & L. of Miami. 154.87 Mr. Pitts.~questioned an eXPenditure of $1,845.64 to White Truck & Equipment Sales, Inc., and Mayor Saunders eXPlained that is for an extra engine purchased for the new garbage.equipment. He also asked if the $7,540.29 amount to Dixie Asphalt Company was to cover paving of areas on S. E. 1st and 2nd Avenues brought to Coun- cil attention recently. City Manager Worthing informed him that was correct. The bills were unanimously approved for payment, on motion by Mr. Pitts and seconded by Mr. ¥oungblood. The Meeting adjourned at 10:00 P.M, .. R, D, WORTHING ~ City Clerk APPROVED .~~//"~ MAYOR -8- 3-9-70 54-A AN ORDINANCE RELATING TO ALCOHOLIC BEVERAGES~ AMENDING SECTION 4-5 OF THE CODE OF ORDLNANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PRO- VIDE FOR THE SALE OF LIQUOR ON THE NORTH 300 FEET OF SOUTH 1600 FEET OF ~OVERN~T LOT 1 LYING EAST OF STATE ROAD NO. 140 (AIA), SECTION 28, TOWNSHIP '46 SOUTH, RANGE 43 EAST, OF THE CITY OF DELRAY BEACH, FLORIDA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY~BE;~CH, FLORIDA, AS FOLLOWS: Section 1~ That Section 4-5 of the' Code of Ordinances of the City of Delray Beach, Florida, be amended by ~adding the following provision, to-wit: "And also except that portion of the City of Delray Beach, Florida, described as follows, to-wit: The North 300 feet of South 1600 feet of Government Lot 1 lying East of State Road No. 140 (A1A), Section 28, Towhship 46 South, Range 43 East, of the City of Delray Beach, Florida." Section 2. That this ordinance is and shall' be deemed supplemental to existing ordinances. PASSED in regular session on second and final reading on this the 9th day of March , 1970. /s/.J:; L. Sg..~.nders MAYOR ATTEST .- /S/ R. D. Worthinq city Cl rk First Reading February _9, 1970 Second Reading March. 9,.19~0 S~-B RESOLUTION NO. 23-70. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL..RAY BEACH, FLORIDA, VACATING AND ABANDONING A RIGHT-OF-WAY AND CUL- DE-SAC IN LOTS 24 AND 25, OF~--THE..SUBDI- VISION OF SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the owners of Lots 24 and 25 as shown on the Plat of the Subdivision of Section 9, Township 46 SOuth, Range 43 East, Delray Beach, Florida, as recorded in plat Book 8 on Page 40, Palm Beach County Public Records, have petitioned the City of Delray Beach, Florida., for .abandonment of the dedicated right- of-way and cul-de-sac in said 'Lots 24 and 25, and WHEREAS, said right-of-way and cul-de-sac have never been opened nor made use of, and are not deemed needed by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: That pursuant to Section Seven (7), Paragraph Three (3) of the Charter for the City of Delray Beach, Florida, it is hereby determined to vacate and abandon the following de- scribed right-of-way and cul-de-sac. A parcel of land lying and being in Lots 24 and 25 as shown on the Plat of the Subdivision of Section 9, Township 46 South, Range 43 East, Delray Beach, Florida, as recorded in Plat Book 8 on Page 40, Palm Beach County Public Records. Said parcel beihg more fully described as follows. The North 25 feet of the South 27 feet of Lot 25, aforedescribed, together With the following: begin at a point in the West line of said Lot 25, said point being 37.09 feet North of the South line of Lot 25 and being the point of curvature ~f a curve concave to the Southwest having a radius of 35 feet and a central angle of 90© 09, 10"; thence run North- westerly along the arc of said curve, a distance of 55.07 feet to a point; thence run Westerly parallel to the South line of Lot 24, aforedescribed, a dis- tance of 10 feet to a point, said point being the point of curvature of a curve concave to the East having a radius of 35 feet and a central angle of 180° 00~ thence run Southwesterly and Southeasterly along the arc of said curve a distance of 109.95 feet to a point in a line 2 feet North of and parallel with the said South line of Lot 24; thence run East- erly along said parallel line a distance of 45.09 feet to a point in the West line of Lot 25, afore- described= thence run Northerly along said west line of Lot 25 a distance of 35.09 feet to the point of beg inn lng. · PASSED A~.D ~DOPTED in' regula.r ~ession' on this the 9th day of March , 1970. /S/ J. L.. Saunders ATTEST: M A Y O R /S/ R. D. Worthing City Clerk