Res 01-98 ORB 10E~;L'~ P§ 996
RESOLUTION NO. 1-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
FIFTEEN FOOT WIDE EAST/WEST ALLEY RIGHT-OF-WAY
WITHIN BLOCK 1, KENMONT SUBDIVISION, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGE
65 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, LOCATED DIRECTLY WEST OF N.E. 9TH AVENUE
AND NORTH OF BOND WAY, AS MORE PARTICULARLY
DESCRIBED HEREIN.
WHEREAS, an application for abandonment of a fifteen foot
(15') wide east/west alley right-of-way lying within Block 1, Kenmont
Subdivision, located directly west of N.E. 9th Avenue and north of
Bond Way, as more particularly described herein, was received by the
City of Delray Beach; and
WHEREAS, the application for abandonment of a portion of
said alley right-of-way was processed pursuant to Section 2.4.6(0),
"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 matter at a public hearing on November 17, 1997, and voted
unanimously to recommend approval of the abandonment, based upon
positive findings pursuant to LDR Section 2.4.6(0) (5); 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 alley
right-of-way, based upon positive findings pursuant to LDR Section
2.4.6(0) (5).
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 to vacate and
abandon all right and interest it holds to the following real
property:
That portion of the 15 foot alley right-of-way
lying north of and adjacent to Lot 18, Block 1,
KENMONT, according to the Plat thereof as recorded
in Plat Book 20 Page 65 of the Public Records of
Palm Beach County, Florida.
ORB 1~;:~14 Pg 997
Containing 0.15 acre, more or less.
PASSED AND ~OPTED in regular session on this the 6th day
of January, 1998.
ATTEST:
- 2 - Res. No. 1-98
° ORB 10814 Pg g~E~8
N.E. 14TH ST. .~
~ LAKE AVENUE S.
DENERY LANE
:Y
BOND WAY
WlTHERSPOON LANE
McKEE LN.
GEORGE BUSH BOULEVARD ,.~
~ - ABANDONMENT-
Oily OF OELRAY BEACH. FL (PORTION OF ALLEYWAY WITHIN BLOCK 1, KENMONT SUBDIVISION)
PLANNING & ZONING OF'PARTMENT
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ORB 10814
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0°~ LOT 17 z, LOT
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CITY OF I]ELARY BEACH
DELRAY BEACH
~ CITY CLERK ~oo ,.~. ~ ^~,~. ~,~^~ ~^o.. ~,o~,~^ ~. ~o~/~-,ooo
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DOROTHY H, HZLKEH~ CLERK PB COUHTY~ FL
1993 C ~ ~ · Z ~ Z C ~ · ~ 0 ~
I, ALISON MacGREGOR HARTY, 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. 1-98, as
the same was passed and adopted by the Delray Beach City
Commission in regular session on the 6th day of January, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
12th day of January, 1998.
~[[ison Mac~reg6r ~arty-- !
City Clerk
City of Delray Beach, Florida
THE EFFORT ALWAYS MATTERS
Printed on F~ecycled Paper
I IIII!1111 1 I I I ~
Con ~0.~ Doc .. 70
~ H, ~[LKEN~ CLERK ~ C~TY~
": THIS INDENTS, made th~g l~8ay of~ 1997, by
· '.. between ~RO~Y F. ~RT~, a e~ngle woman, Zocated at Z202 N.E. 9th
· '- .- Avenue, Delray Beach, Florida 33444, party of the f~rst pa~, and
:" to any future utility company or .e~ce locate~ ~n Palm Beach
County, State of Florida, pa~y off the ~econO part:
WI~ESSE~= ~at %ha par~y o~ ~he ~rs~ pa~, for aaa
consideration of the sum of Ten DolZars ($10.00) an8 other goo8
an8 valuable consideration to ~t ~n hand pa~ by the sa~ party of
the secon~ part, receipt of which ~s hereby ac~owZeSge~, does
hereby grant~ bargain, sell eno release unto the party of the
~econd pa~, ~t~ .ucce~sors' an8 a~s~gn~, a right of way
easement for the pu~osa o~: utility ~nstnllnt~on an~ maintenance
with ~ull an~ free r~ght, l~b~y eno authority to enter upon
to ~ns~a11, operate an~ maintain such utilities un0er, across,
through eno upon, over, umber or w~n ~e follow~ng 8escr~be~
property Zocated ~n Palm Beach county, FZor~Sa, to w~t:
T~T ~RTION OF THE 15 FOOT ALlY RIG~ OF WAY LYIHO NOR~ FO
~D A~ACENT TO ~T 18~ B~CK 1, ~0~, ACCORDING TO THE
P~T ~E~OF AS RECORDED IN P~T BOOK 20, PAGE 65 OF ~E
PUBLIC RECORDS OF PA~ BEACH CO~TY, F~RIDA.
Concom~tant and coextensive w~th th~s r~ght ~s the further
r~ght in the party of the second part, ~ts successors and assigns,
of ingres~ and egress over and on that port,on of land de~cribed
above, to effect the pu~oses of the easement, as
hereinafter. These ~ghts are c~n6~tione0 on the reasonable
exercise thereof for the benefit of the 8om~nant tenement aaa
~he event of excessive use, or use ~or non-8om~nant pu~oses, or
use by means othe~se ~nJur~ous to the se~ent tenement, grantors
~ha11 have the r~ght to extinguish the easement.
That this easement ~hall be s~ect only to ~ose easements,
restrictions an~ rese~at~ons of recor6. That the par~y of the
first part agrees to provi0e .for the release off any an8 all
mortgages or l~ens en~ez~ng ~ ea~men~. The party of the
f~rst pa~ aisc agrees to ~rect no bu~Zd~ng or effect any o~her
k~n8 of aonst~ct~on or ~mprovements upon ~he abov~- described
property.
IN WITNESS ~E~OF, the DaVies %o th~s ~nsemen% Dee~ set
the~ ~an~s eno seals the day an0 year ff~rs~ above w~tten.
WITNESSES: . ~~ FIR~
STATE OF F~RZDA
CO~TY OF PA~ BEACH
The forego~.g ~.st~me~t was ac~owle~ge8 before ~e th~s
~ay o~, 1997. by ~ROTHY F. ~T~. who ~rsona~
to me or produced as ~e~ti~cation,
who execute~ the foregoing ~nst~ent an~ ac~owle~ge before me
that they execute8 same.
NOT~Y PUBLIC ~; ( [;~
My co~ission expires=
JAN-t4-1998 ~:t~m ~8--014778
ORB 10182 Ps 1
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~ROTHY ~ WZLKEN~ CLERK ~ C~N~ FL
T~IS INDENTURE, made this I~day of~1997, by end
~.- between ~ROTHY F. ~, ~ single woman, located at 1202 N.E. 9th
' ' .~ Avenue, Delray Beach, Florida 33444, party of the first part, and
-'. Florida Power and Light, a Florida co~orat~on in Palm Beach
"' County, State of Florida, party of the second part:
WITNESSE~: That %he pa~y of %h~ first pa~, for and
consideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration to it in hand paid by the said party of
the second part, receipt of which is hereby acknowledgea, does
hereby grant, bargain, sell and release unto the party of the
second part, ~ts successors and assigns, a right of way and
easement for the pu~ose of: utility installat~on and maintenance
w~th full and free right, liberty and authority to enter upon
to ~nsta11, operate and maintain such utilities under, across,
through and upon, over, under or within the following described
property located ~n Palm Beach County, Florida, to wit:
~T PORTION OF THE 15 FOOT ALlY RIGHT OF WAY LYING NORTH FO
~D A~ACENT TO ~T 18, B~CK 1, ~ONT, ACCORDING TO THE
P~T THEREOF AS ~CORDED IN P~T BOOK 20, PAGE 65 OF THE
PUBLIC RECORDS OF PA~ BEACH COUNTY, F~RIDA.
Concomitant and coextensive with th~s r~ght ~s the further
right in the party of the second part, its successors and assigns,
of ingress and egress over and on that portion of land described
above, to effect the purposes of the easement, as expressed
hereinafter. These rights are conditioned on the reasonable
exercise thereof for the benefit of the dominant tenement and
the event of excessive use, or use for non-dominant purposes, or
use by means othe~ise ~njurious to the se~ient tenement, grantors
shall have the right to extinguish the easement.
That this easement shall be subject only to those easements,
restrictions and rese~ations of record. That the party of the
first part agrees to provide for the release of any and
mortgages or liens encu~ering this easement. The pa~y of the
first part also agrees to erect no building or effect any other
kind of const~ction or improvements upon the above- described
property.
IN WITNESS ~EREOF, the pa~es %o this Easement Dee4 set
their hands and seals the day and year first above written.
~ P~TY OF THE FIRST P~T:
STATE OF F~RIDA
The ~oregoJng ~nst~ment was ac~owleQge~ before m~
Uny of~, 1997, by~ROT~ F. ~T~, who
to ~e or ~ro~uceQ us ~e~anQ
who executed the foregoing inst~ment and acknowledge before me
that ~ey executed same.
NOISY PUBLIC
My co~ission expires:
~" - ~ L'~'~ II,~
I II I l Il I 1111 Ill l l Ill Ill
· Con lO. OOOoc .70
OOROTI.[Y ~ NILKEN~ CLERK ~ COUNTY~ FL
THIS INDENTURE, made this%~4~/ day of~ 1997, by and
:.. between DOROTHY F.~URTHA, a single woman, located at 1202 N.E. 9th
· Avenue, Delray Beach, Florida 33444, party of the first part, and
"/'~:. to ADELPHIA CABLE located in Palm Beach County, State of Florida,
party of the second patti
WITNESSETH= That the party of the first part, for and in
consideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration to it in hand paid by the said party of
the second part, receipt of which is hereby acknowledged, does
hereby grant, bargain, sell and release unto the party of the
second part, its successors and assigns, a right of way and
easement for the purpose of= utility installation and maintenance
with full and free right, liberty and authority to enter upon and
to install, operate and maintain such utilities under, across,
through and upon, over, under or within the following described
property located in Palm Beach County, Florida, to wit=
THAT PORTION OF THE 15 FOOT ALLEY RIGHT OF WAY LYING NORTH FO
AND ADJACENT TO LOT 18, BLOCK 1, KEN~ONT, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 20, PAGE 65 OF THE
PUBLIC RECORDS OF PAI21 BEACH COUNTY, FLORIDA.
Concomitant and coextensive with this right is the further
right in the party of the second part, its successors and assigns,
of ingress and egress over and on that portion of land described
above, to effect the purposes of the easement, as expressed
hereinafter. These rights are conditioned on the reasonable
exercise thereof for the benefit of the dominant tenement and in
the event of excessive use, or use for non-dominant purposes, or
use by means otherwise injurious to the servtent tenement, grantors
shall have the right to extinguish the easement.
That this easement shall be subject only to those easements,
restrictions and reservations of record. That the party of the
first part agrees to provide for the release of any and all
mortgagee or liens encumbering this easement. The party of the
first part also agrees to erect no building or effect any other
kind of construction or improvements upon the above- described
property.
IN WITNESS WHEREOF, the parties to this Easement Deed set
their hands and seals the day and year first above written.
WITNESSES: PARTY OF THE FIRST PART=
STATE OF FLORIDA
COUNTY OF PALM BEACH
Thc_foregoing instrument was acknowledged before, me this
day of k~_~_. , 1997, by DOROTHY F. NURTHA, who ~sonally ~
to me or produced as ident~~ion,
who executed the foregoing instrument and acknowledge before me
that they executed same.
NOTARY PUBLIC
My commission expires=
MEMORANDUM
~: ~Celeste McDonough, Administrative Assistant
FRO~: ~0 Alison Harry, City Clerk ~
SUBJECT: Resolution No. 1- 98 (Alley Abandonment in Kenmont
Subdivision)
DATE: January 12, 1998
Attached is a certified copy of Resolution No. 1-98 abandoning an
alley right-of-way within Block 1 of Kenmont subdivision. It was
approved by the City Commission on January 6, 1998.
A condition of approval of the abandonment was that easement deeds
be provided to Adelphia, BellSouth and FP&L~for existing utilities.
The City has no utilities in the alley and did not ask for an
easement deed. The easement deeds were provided (copy attached) and
Commission action was scheduled. However, we should not record the
abandonment resolution until the easement deeds are recorded.
Claire tells me that she expects the applicant to provide copies of
the recorded deeds sometime this week. As soon as she gets them,
she will give us a copy.
Once the recorded easement deeds are received, we can go ahead and
record the resolution. Please return the original recorded document
to me along with a copy of the recorded easement deeds, and a copy
of the recorded abandonment resolution to Claire for her file.
Thank you.
Attachment
cc: Claire Lyre-Graham, Planner
THRU: DIANE DOMINGUEZ, DI-REC~R
DEPARTMENT OF PLANNING AND ZONING
FROM: CL,a, IRE LYTE:(3RAHAM, PLANNER
SUBJECT: MEETING OF JANUARY 6, 1998 **CONSENT AGENDA**
ABANDONMENT OF AN EAST/WEST ALLEYWAY
The requested of the City Commission is approval of the proposed abandonment of an
unimproved east/west alley located within Block 1, Kenmont Subdivision. The subject
right-of-way is located directly west of N.E. 9th Avenue and north of Bond Way.
i! iiiii ~~~ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::i:::::::::::::::::::::::::::::::::::::::::::::::::
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The area proposed for abandonment is approximately 1,980 sq. ft. (15'x 132'), and was
dedicated with the recordation of the Kenmont Subdivision in December, 1945. Since the
entire dedication was made by this subdivision, once abandoned the entire alley will
revert back to Lot 18 directly to the south. The subject abandonment is being requested
to enlarge Lot 18 and make it conforming with respect to lot area and lot width. The
attached P & Z staff report contains additional background and analysis of the request.
The Planning and Zoning Board considered this request at its meeting of November 17,
1997, and unanimously recommended approval on a 5-0 vote, with conditions that a
replacement easement be provided to cover an existing east/west utility line adjacent the
north side of the alley and the survey be revised to show this utility line. Replacement
easements and a revised survey have been provided.
~ By motion, approve the abandonment of the east/west alley through the enactment of
Resolution 1-98.
Attachment:
· Revised Survey, Planning and Zoning Staff Report
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: November 17, 1997
AGENDA ITEM: V.C.
ITEM: Abandonment of an east/west 15 foot alley, located in the Kenmont
subdivision, west of N.E. 9th Avenue and north of Bond Way.
llll/
GENE~L DATA:
Owner ........................................ City of Delray Beach
Applicant Dorothy Murtha
Agent .................................... L. Diana Hileman, Esq.
Location ..................................... Directly west of N.E. 9th Avenue, north of Bond Way and
south of Denery Lane
Property Size ............................. 0.15 acre
Future Land Use Map ................ Medium 'Density Residential
Current Zoning ........................... RL (Low Density Residential)
Adjacent Zoning ............... North: RL
East: RL
South: RL
West: RL
Existing Land Use ...................... Unimproved alley right-of-way.
Proposed Land Use ................... Abandonment of east/west 15' alley right-of-way, to add
acreage to Lot 18 to the south to make lot conforming with
respect to width and to accommodate future development.
Water Service ............................ n/a
Sewer Service ........................... nla
The item before the Board is the recommendation to the City Commission for the
proposed abandonment of an east/west alley located within Block 1, Kenmont
Subdivision. The subject right-of-way is located directly west of N.E. 9th Avenue and
north of Bond Way. This right-of-way abandonment is being processed pursuant to
LDR Section 2.4.6(O), Abandonment of Rights-of-Way.
The area proposed for abandonment is approximately 1,980 sq. ft. (15' x 132'). It was
dedicated with the recordation of the Kenmont Subdivision in December, 1945, and
has not been improved. The unimproved alley runs along the north line of Lot 18,
which is currently vacant. Since the entire dedication was made by this subdivision,
once abandoned the entire alley will revert back to Lot 18 directly to the south.
The alley is surrounded by residential development to the north, east, and west, and
an undeveloped lot to the south. In addition, a north/south 15' alley right-of-way
connects to the west end of the subject alley. A transmission pole line with Florida
Power and Light, Adelphia Cable, and Bellsouth services extends from the southwest
corner of the abandonment area to the southwest corner of Lot 6 (lot located at
southwest corner of Denery Lane and N.E. 9th Avenue). This utility line does not
appear on the survey submitted by the applicant. The north/south alley is unimproved
and contains overhead utilities.
Nonconforming Lot:
Lot 18 located immediately to the south is zoned RL (Low Density Residential). The
minimum lot area and lot frontage/width requirements in the RL district are 8,000 sq.
ft. and 60', respectively. Lot 18 is 50' x 132.5' (6,625 sq. ft.) and is therefore
nonconforming with respect to lot width and lot area. The reason for the
abandonment request is to enlarge adjacent Lot 18 making the lot conforming for any
future development. The addition of the alley to Lot 18 would increase the lot width to
65' and the lot area to 8,605 sq. ft., meeting the RL district dimension requirements.
Legal Access:
A finding that an abandonment will not prevent access to a lot of record must be made
with any abandonment request. In addition, it is City policy to encourage the
abandonment of all alleys within a block where feasible. Normally the abandonment
of the north/south alley would also be encouraged as it is located within the same
block as the subject east/west alley. Directly north of the east/west and north/south
alleys are two residential homes (Lots 5.5 and 6) within the Harry Seemiller
Subdivision. Both homes take access from Denery Lane west of N.E. 9th Avenue on
Planning and Zoning Board Staff Report
Kenmont Alley Abandonment
Page 2
a driveway which appears to be private property. This driveway from Denery Lane
was not dedicated with the Harry Seemiller Subdivision (subdivision in which Lots 5.5
and 6 are located), nor the Denery Lane Subdivision that dedicated the remaining
Denery Lane right-of-way to the east. Lot 6 is a corner lot and has legal access to
N.E. 9th Avenue. However, the only other possible access for Lot 5.5. is the
north/south alley directly south which, if improved, would provide legal access south
to Bond Way.
In order to determine if Lot 5.5 has legal access to Denery Lane, the applicant was
required to provide documentation proving legal access. The applicant's attorney
submitted an easement deed for this portion of right-of-way, however, the City
Attorney's Office concluded the easement was dedicated for utility purposes and not
right-of-way. Subsequent research conducted by the applicant's attorney could not
prove the legal dedication of Denery Lane extension. Thus, in order to ensure that
legal access to Lot 5.5 is maintained, the north/south alley cannot be abandoned. At
such time recorded documentation proving the west portion of Denery Lane right-of-
way was dedicated legally and Lot 5.5 has legal access, abandonment of the
north/south alley could be considered.
Review by City Departments and Utility_ Companies:
The City's Environmental Services Department has indicated there are no city
facilities within the subject alley and has no objection to the abandonment. The Fire
Department has reviewed the request and has no objection to the abandonment. The
utility companies that reviewed the request (Adelphia Cable, BellSouth, Florida Public
Utilities, and Florida Power and Light) indicated no objections to the proposed
abandonment. As previously discussed, the survey submitted with the application
does not show the existing transmission pole line. A revised survey showing this
utility line and a replacement easement covering existing services must be provided,
and 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 of the right-of-way
for any public purposes.
A transmission pole line exists within a portion of the subject alley, but was not shown
on the submitted survey. Replacement easements must be provided to cover FPL,
BellSouth, and cable services, and is attached as a condition of approval.
Planning and Zoning Board Staff Report
Kenmont Alley Abandonment
Page 3
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
The abandonment of the east/west alley will not prevent access to a lot of record.
Upon development, Lot 18 will take access from N.E. 9th Avenue. As previously
discussed under the Analysis section of this report, Lots 5.5 and 6 are located directly
north of the subject east/west alley and currently take access from the portion of
Denery Lane west of N.E. 9th Avenue. Based upon research conducted by the
applicant's attorney, it is not clear if the western portion of Denery Lane was legally
dedicated. However, access to Lot 5.5 will still be available from the north/south alley,
and Lot 6 has direct access to N.E. 9th Avenue. Therefore, the abandonment does
not prevent access to a lot of record.
C) That the abandonment will not result in detriment for the provision of
access and/or of utility services to adjacent properties or the general
area.
No access is taken from the subject alley. Replacement easements will be required
to cover the existing and future BellSouth, FPL, and cable facilties within the alley.
Thus, no detriment will therefore result for the provision of the above services.
......................................................................................... :::::::::::::::::::::::::::::: ..........................................................................................................................................
The subject abandonment is being requested to enlarge Lot 18 and make it
conforming with respect to lot area and lot width. By abandoning the area to private
interests, the property will be improved upon and properly maintained. The survey
submitted must be revised to show the existing transmission pole line extending from
the southwest corner of the abandonment area to the southwest corner of Lot 6.
Replacement easements must be provided to cover services on this line. The
north/south alley within the same block must be maintained to ensure that Lot 5.5 has
legal access. Upon provision of documentation verifying legal access via Denery
Lane to the east the abandonment of the north/south alley may be sought.
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1. Continue with direction.
2. Recommend approval of the abandonment based upon positive findings with
respect to required findings.
3. Recommend approval of the abandonment, pursuant to conditions.
Planning and Zoning Board Staff Report
Kenmont Alley Abandonment
Page 4
4. Recommend denial of the abandonment with reasons stated.
By motion, recommend approval of the abandonment of the east/west alley located
within Block 1, Kenmont Subdivision based upon positive findings with respect to LDR
Section LDR Section 2.4.6(0)(5), subject to the following conditions:
1. That replacement easements be provided cover FPL, BellSouth, cable, and any
other future services on the transmission pole line within the alley prior to
scheduling the abandonment for City Commission.
2. That a revised survey indicating the existing transmission pole line be submitted
prior to scheduling the abandonment for City Commission.
Attachment:
· Location Map and Reduced Survey
filename: u:\grahamc~pzrep~kenabd.doc