Res 24-98 I~ay-~9-1998 ~9:47&m '9~-- 1
ORB 1~;~4;:~7 Pg 7E~4
Illlllllllllllllllllll
RESOLUTION NO. 24-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT
PORTION OF THE RIGHT-OF-WAY FOR S.E. 9TH COURT
LYING BETWEEN THE EAST RIGHT-OF-WAY OF S.E. 6TH
AVENUE AND THE WEST RIGHT-OF-WAY OF S.E. 7TH
AVENUE, PLAT OF RIO DEL REY SHORES, RECORDED IN
PLAT BOOK 24 AT PAGE 5 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY
DESCRIBED HEREIN; SUBJECT TO CON~DITiONS.
WHEREAS, an application for abandonment of a portion of the
right-of-way for S.E. 9th Court lying between the East right-of-way
of S.E. 6th Avenue and the West right-of-way of S.E. 7th Avenue, Plat
of Rio Del Rey Shores, as more particularly described herein, was
received by the City of Delray Beach; and
WHEREAS, the application for abandonment of a portion of
said 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(0) (3) (d), the
Planning and Zoning Board, as Local Planning Agency, formally reviewed
this matter at a public hearing on March 16, 1998, and voted
unanimously to recommend approval of the abandonment, based upon
positive findings pursuant to LDR Section 2.4.6(0) (5), and subject to
conditions; 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(0) (5), and subject to conditions.
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 S.E. 9th Court lying between the
East right-of-way of S.E. 6th Avenue and the West
right-of-way of S.E. 7th Avenue, Plat of Rio Del
Rey Shores, as recorded in Plat Book 25, Page 5,
Public Records of Palm Beach County, Florida.
Containing 0.17 acre, more or less.
Section 2. That this abandonment shall not become
effective and this resolution shall not be recorded in the Public
Records of Palm Beach County, Florida, until the Rio Del Rey Shores
Replat has been approved by the Delray Beach City Commission and
recorded in said Public Records.
PASSED AND ~OPTED in regular session on this the 7th day
of ~ril, 1998.
ATTEST:
~C~-Cl~rk
- 2 - Res. No. 24-98
ORB 104P7 Pg 7;:~6
£1T¥ OF DELHI:IV BEI:I£H
DEFRAY BEACH
CITY CLERK ,00 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444. 407/243-7000
1993 CRRT I F I CAT I ON
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. 24-98, as
the same was passed and adopted by the Delray Beach City
Commission in regular session on the 7th day of April, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
22nd day of April, 1998.
Alison M~cGr~9o~ Harty-Y
City
Clerk
City of Delray Beach, Florida
TH[-_- EFFORT ALWAYS MATTERS
ORB lIB I.d.s'7 pg 727
S.E. ' 6T~I ST.. ~ ROAD
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S.E. 8TH ST. ~ ~ ~AUHINIA ROAD
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PLANNIN~ & Z~IN~ D[PAR~NT
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DOROTHY H. IIILKEN, CLER~ PD COUNTY.
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S.E. 9TH ~URT
I V~AT~ R/W PER CITY ~ DEL~Y '.'
-- DRIVE ~ . ~e
I ~ 90e A - 39.27'
- 2S.00'
SET X-CUT - 39.27' LOT I. IL~ I T - 2~.~'
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S. I~ ~ ~N~D TO CITY ~ DEL~Y IE~ IEN~ ~ 4 A. · EL 14.41.
LEaL
RE~ IN PLAT I~K 2~. P~ 5. P~LIC ~S OF P~ ~ ~. FLORIDA.
I I'ERE. DY CERTIFY THIS SKETCH AS ~ FE~EoN REPRE.IENT$ A IU~VEY MADE UI~D~R
MY DIRECTION A/~ TO DE TRUE ~ ACCURAT~ TO ~ lEST OF PlY Ig~:)WLED~ AFl>
IELIEF. SL~JECT~'O EASE,',ENTs A~D RIEI4T-OF-RAYS O~ RECORD AM) fF..ETS TI~ .
HINIHIL~ TEO'I~IC,~L ~rA~I)ARD$ OF RUL~ 61017-6 OF,~el"~ FLORIDA ,~IIIINISTRATIYE
GENTRY ENGINEERING
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"',,---.-~o. 2.580, L.]L ~o. 2322 II P.O. BOX243
DaCe of I:C/W Boundary survey srlch Improvements Il DELRAYr~,E~.~ ~H; ~L~?~RIDA 33444
sho~m: Oct. 6. ~9~? ~ .............
MEMORANDUM
TO: Celeste McDonough, Administrative Assistant
FROM: Alison Harty, City Clerk
SUBJECT: Recordinq/Resolution No. 24-98
DATE: April 22, 1998
Attached is a certified copy of Resolution No. 24-98 which
abandons that portion of the right-of-way for S.E. 9th Court
lying between S.E. 6th and 7th Avenues. It was approved by the
City Commission on April 7, 1998. Please note, however, that
Section 2 provides that the resolution is not to be recorded
until the Rio Del Rey Shores Replat (also approved on 4/7/98) has
been recorded.
Please monitor the Rio Del Rey Shores Replat. When it comes
through for recording, Resolution No. 24-98 can go at the same
time. When it comes back from the County, please forward a copy
of the recorded resolution to Claire in Planning for her file.
The original should be returned to me.
Thank you.
AMH/m
Attachment
TO: DAVID T. H,ARDEN, CITY MANAGER
THRU: DIANE DO~~~Z~OR
DEPARTMENT OF PLANNIN)G AND ZONING
FROM: CLAIRE LYTE"-GRAHAM, PLANNER
SUBJECT: MEETING OF APRIL 7, 1998 **CONSENT AGENDA**
ABANDONMENT OF S.E.9TH COURT
The action requested of the City Commission is approval of the proposed abandonment
of S.E. 9th Court, located within the Rio Del Rey Shores Subdivision. The subject right-
of-way is located between S.E. 6th Avenue (northbound Federal Highway) and S.E. 7th
Avenue, north of S.E. 10th Street. The property owner of the adjacent lots (Lots 7 and 8)
has requested the abandonment in order to incorporate the area into the lots for future
development. A replat of Lots 7 and 8 and the proposed abandonment area is currently
being processed. For additional analysis please refer to the attached March 16, 1998
Planning and Zoning Board Staff Report.
The Planning and Zoning Board considered this request at its meeting of March 16,
1998, and unanimously recommended approval with the conditions that a replacement
easement (12') over the existing water main be provided, and the replat be approved and
recorded. The easement for the existing water main will be dedicated via the replat.
By motion, approve the abandonment of S.E. 9th Court through the enactment of
Resolution 24-98, subject to the conditions that the resolution not be recorded until the
replat is approved and recorded.
Attachment:
· Planning and Zoning Staff Report
/
PLANNING AND ZONING BOARD
CITY OF DELI~Y BEACH ---STAFF REPORT---
MEETING DATE: March 16, 1998
AGENDA ITEM: ~v.c.
ITEM: Abandonment of S.E. 9th Court lying between S.E. 6th Avenue
(Northbound Federal Highway) and S.E. 7th Avenue.
BARTON
APT
CONDOS
CHURCHILL
CONDO
GENERAL DATA:
Owner/Applicant ............................. Eli and Raymonde Behar
Agent .............................................. Budison A. Gentry
Location ...................................... S.E. 9th Court, lying between S.E.
6th Avenue (Federal Highway
Northbound) and S.E. 7th Avenue.
Property Size .............................. 0.17 Acre
Existing Future Land Use Map _L_
Designation ................................. General Commercial
Current Zoning ............................ GC (General Commercial)
Existing Land Use ....................... Improved right-of-way
Proposed Land Use .................... Abandonment of the right-of-way to
incorporate the area as part of a
replat of Lots 7 and 8, Rio Del Rey
Shores Subdivision.
Water Service ............................. n/a ~.
Sewer Service ............................. n/a
SIDE
DOMAINE
DEL RAY
HARBOURS
EDGE
BANYAN TREE
VILLAGE
. I
HARBOURS
EDGE
LIN TON BOULEVARD
The item before the Board is that of making a recommendation to the City
Commission on the abandonment of S.E. 9th Court, located within the Rio Del Rey
Shores Subdivision. The subject right-of-way is located between S.E. 6th Avenue
(northbound Federal Highway) and S.E. 7th Avenue, north of S.E. 10th Street.
This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0),
Abandonment of Rights-of-Way.
The 50' right-of-way of S.E. 9th Court was dedicated with the recordation of the Rio
Del Rey Shores Subdivision in 1956. A 25' wide asphalt roadway providing access
from Federal Highway to the Rio Del Rey Shores Subdivision currently exists.
In 1987, Resolution #50-87 was approved which abandoned S.E. 9th Court. Attached
to the resolution was a condition that a replat to combine adjacent Lots 7 and 8 and
the abandoned right-of-way be recorded by March 23, 1988. The replat was not
processed nor recorded. Given the above the City Attorney has determined that the
abandonment was not consummated.
A reapplication for abandonment of S.E. 9th Court is now before the Board.
The area proposed for abandonment is S.E. 9th Court (approximately 7,286.5 sq. ft.)
which lies south of Lot 8, Block 2 (Rio Del Rey Shores). The property owner of the
adjacent lots (Lots 7 and 8) has requested the abandonment in order to incorporate
the area intO the lots for future development.
The right-of-way to be abandoned is the entire 50' for S.E. 9th Court. Pursuant to
LDR Section 2.4.6(O)(1), public property dedicated through subdivision shall be
divided at the center line and returned equally to abutting parcels when abandoned.
As the right-of-way was dedicated by the Rio Del Rey Shores Subdivision, the
property owners to the north (Lot 8, Block 2) and south (Lot 1, Block 1) will each
receive 25'. The owners of Lot 1 (Block 1) to the south (Snappy Car Rental) have
submitted a letter indicating their willingness to sell the south 1/2 of the right-of-way
once abandoned to the owners on the north side. Within the area to be abandoned
there exists 25' of pavement providing a connection between S.E. 7th Avenue and
northbound Federal Highway. Upon abandonment this street will be removed or
Planning and Zoning Board Staff Report
S.E. 9th Ct. Abandonment
Page 2
incorporated as a driveway for future development. However, access to the
residences on S.E. 7th Avenue will still be available via S.E. 7th Street, S.E. 8th
Street, and S.E. 10th Street. It is noted that the Board will also be considering a
traffic modification to S.E. 7th Avenue and S.E. 10th Street which will further restrict
access into the neighborhood.
The Environmental Services Department has reviewed the request and has no
objection to abandoning the area subject to dedication of a 12' replacement easement
to cover an existing water main within the right-of-way. Adelphia Cable, BellSouth,
Florida Power and Light, and Florida Public Utilities have reviewed the request and
have no objections to the abandonment.
Pursuant to LDR Section 2.4.6(O)(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.
The abandonment area consists of a 50' right-of-way. A replacement easement to
cover an existing water main is attached as a condition of approval. Therefore, there
is not, nor will there be a need for the use of the right-of-way for any public purpose
other than that which is accommodated with dedication of an easement.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
A portion of the subject,right-of-way, located between S.E. 6th Avenue (northbound
Federal Highway) and S.E. 7th Avenue is improved. The abandonment area is to be
combined with Lots 7 and 8 to the north for future development. This future
development will have access to Federal Highway, and the Snappy Car Rental
business on the lot immediately south has access to Federal Highway and S.E. 10th
Street. Residents on S.E. 7th Avenue support the abandonment and have applied for
traffic modifications to further restrict access into their neighborhood. If the traffic
modifications are approved ingress to the neighborhood will be available via S.E. 8th
Street, and egress via S.E. 8th Street, S.E. 7th Street, and S.E. 10th Street.
Therefore, abandonment of the subject right-of-way will not prevent access to any lots
of record.
Planning and Zoning Board Staff Report
S.E. 9th Ct. Abandonment
Page 3
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.
The subject right-of-way is currently utilized for access, however, upon abandonment
S.E. 8th Street will continue to provide access to and from the Rio Del Rey Shores
Subdivision. Utility services will not be adversely affected as a replacement easement
is being provided for an existing water main which will include the access to these
facilities.
The abandonment of S.E. 9th Court was previously contemplated per the recordation
of Resolution #50-87. However, as the conditions of approval were not met the
abandonment was not completed. The abandonment request will be followed by a
future replat of adjacent lots. Positive findings are made in the staff report to LDR
Section 2.4.6(0)(5). With the conditions that a replacement easement for existing
utilities be provided along with the processing and recording of a replat for Lots 7 and
8, staff supports the abandonment request.
1. Continue with direction.
2. Recommend approval of the abandonment subject to positive findings with respect
to LDR Section 2.4.6(0)(5) subject to conditions.
3. Recommend denial of the abandonment based upon a failure to make positive
findings with respect t'0 LDR Section 2.4.6(0)(5).
By motion, recommend approval of the abandonment of S.E. 9th Court within the Rio
Del Rey Shores Subdivision based upon positive findings with respect to LDR Section
2.4.6(0)(5), with the conditions that a replacement easement (12') over the existing
water main be provided, and the replat be approved and recorded.
Attachments:
· Location Map and Survey
,,, SCALE: I'
< ~KAI'HIC $C.~ILE
EN~OR~E$
I
5/$' I .P.F.
WITH C~ LOT 8
ST~PED
o.s.o. ~ 2
SET X-~' ~ =
~=~. ~0' ~ ~= Z~, ~o'
~' PLAID LOT LINE
5/$' I .P.F.
WITH CAP 8~.00' WITH CAP
,~,17 ~ ~ISTI~
~ ~[~ ~ EXISTIN~ 2S' ~PH~T FIRE
VACATED R/W PER CITY OF DELRAY BEACH
= I "ESOL~I'ON ~.SO-~7 (ORB 5532. PAGE
~ ~ 'M ~' LOT L I NE
- DRIVE A .
~ R - 25.~'
. ~. 90°
R - 2S.00' A - 59.27'
X-CUT R - ]9.27' LOT I. BL~K I T - 25.~'
T - 2S.00'
LEGEI~:
~ INDICATES CENTER LINE
R/W IND ICATE5 R I~HT-OF-WAY
R I M) ICATE$ RADIUS
A INDICATES ARC DISTANCe.
T INDICATES TANGGNT
~, INDICATES DELTA
P'P'P INDICATES OYERFF. AD pO~ER LINE
S.F. I ND I CATES SQUARE FEET
· EL INDICATES ELEVATION '
I.P.F. INDICATES IRON PIN FOL~qD
I.P.S. INDICATES IRON PIN BET
ORB INDICATES OFFICIAL RECORD BOOK
NOTES: P.P. INDICATES PO~R POLE
I. NOT VALID WITHOUT THE ORIGINAL RAISED SEAL AND SIGNATURE OF A FLOR~IDA
LICENSED SURVEYOR AND MAPPER.
2. LEGAL DESCR I PT ION PROVIDED BY GL lENT.
3. NO UNDER~ROUND IMPROVEMENTS SUCH AS BUILDING FOUNDATIONS. UNDER~ROUND
UTILITIES. ETC. WERE LOCATED EXCEPT A~ SHOWN HEREON.
4. ELEVATIONS ARE BASED ON NATIONAL ~EODETIC VERTICAL DATUM - 1929.
5. BENCH MARK REFERENCED TO CITY OF DELRAY BEACH BENCH MARK 4 A. · EL 14.41.
LEGAL DESCRIPTION:
THAT PORTION OF I.E. 9TH COURT LYING BET~ T~ EAST RIVeT'OF-WAY OF I.E. 6TH AVENUE
AND T~E WEST RIGHT-OF-WAY OF $.E. ?TN AVENUE. PLAT OF RIO DEL REV SHORES. AS
RECORDED IN PLAT BOOK 2S. PA(~ S. PUBLIC RECORDS OF PALM BEACH COLd'TV. FLORIDA.
CERTIFICATION:
I hEREBY CERTIFY THIS SKETCH AS SHOMq hEREON REPRESENTS A SURVEY HADE UNDER
MY DIRECTION ~ TO BE TRUE AFl) ACCURATE TO THE BEST OF MY KNOWLEDGE AND
BELIEF. SUBJECT ~TO EAS~S AND RI~HT-OF-WAYS O~ RECORD AND MEETS T~
MINIML~ TECI4qlG~'L STANDARDS OF RULE 61017-6 OF~ FLORIDA ADMINISTRATIVE '
A GENTRY ENGINEERIN &
~ ~gistered Florida Land Survey~ and ~pper LAND SURVEYING,INg.
'----'No. 2580, L.B. No. 2322 P.O. BOX 243
Date of R/W Boundary survey with Improvements DELRAY BEACH, FLORIDA 33444
shown: Oct. 6, 1997 (56[) z7z-19z~