Res 32-98 ORI 1~4R7 P~ 7~9
RESOLUTION NO. 32-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN
UNIMPROVED NORTH/SOUTH ALLEY RIGHT-OF-WAY WITHIN
BLOCK 129, TOWN OF DELRAY, AS MORE PARTICULARLY
UTILITY EASEMENT FOR EXISTING P LIC PRIVATE
UTILITIES OVER THE ENTIRE AREA THEREOF, AND
RETAINING TO THE CITY ALL INTEREST IN N.E. 9TH
AVE~JE (PALM TRAIL).
WHEREAS, the City of Delray Beach, Florida, received an
application for abandonment of an unimproved sixteen foot (16') alley
right-of~way lying within Block 129, Town of Delray, as more
particularly described herein; said Block 129 being located south of
N.E. 4th Street and north of N.E. 3rd Street, between N.E. 8th Avenue
and N.E. 9th Avenue (Palm Trail); and
WHEREAS, the City of Delray Beach, Florida, acquired an
interest in a sixteen foot (16') wide alleyway running north and
south through the center of property described in Section 1 hereof
pursuant to right-of-way deeds recorded in the Public Records in and
for Palm Beach County; and
WHEREAS, the City also obtained through these right-of-way
deeds an interest in the right-of-way known as N.E. 9th Avenue (Palm
Trail) within Block 129; and
WHEREAS, the application for abandonment of said alley
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
~{EREAS, pursuant to LDR Section 2.4.6(0) (3) (d), the
Planning and Zoning Board, as Local Planning Agency, formally
reviewed this petition at a public hearing on January 26, 1998, and
voted 5 to 0 to recommend approval of the abandonment, based upon
positive findings pursuant to LDR Section 2.4.6(0) (5) and subject to
the conditions that a utility easement for public and private
purposes be retained over the abandonment area to accommodate any
existing facilities, and that the City retain all interest in N.E.
9th Avenue (Palm Trail); 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
ORB 11~)4:P7 P!I 730
right-of-way for roadway purposes based upon positive findings
pursuant to LDR Section 2.4.6(0)(5), but does not abandon and retains
and reserves unto itself a utility easement over the entire area
thereof for the purpose of access for constructing and/or
maintaining over, under and across 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,
and expressly retains all interest in N.E. 9th Avenue (Palm Trail).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY' OF DEL}LAY 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 for roadway purposes only, but does not abandon and retains
and reserves unto itself a utility easement over the entire area
thereof for the purpose of access for constructing and/or
maintaining over, under and across 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;
said property being more particularly described as follows:
The East 20 feet of the North 208 feet of Block
129, City of Delray Beach, formerly Town of Linton,
according to the Plat of same on file in the Office
of the Clerk of the Circuit Court in and for Palm
Beach County, Florida;
TOGETHER WITH
The East 20 feet of the South 150 feet of the North
358 feet of Block 129, City of Delray Beach,
formerly Town of Linton, according to the Plat of
same on file in the Office of the Clerk of the
Circuit Court in and for Palm Beach County,
Florida;
TOGETHER WITH
The East 20 feet of the South 89-1/2 feet of the
North 447-1/2 feet of Block 129, City of Delray
Beach, formerly Town of Linton, according to the
Plat of same on file in the Office of the Clerk of
the Circuit Court in and for Palm Beach County,
Florida.
- 2 - Res. No. 32-98
PASSED AND ADOPTED in regular session on this the 19th day
of May, 1998.
ATTEST:
- 3 - Res. No. 32-98
OR[I ::l. la~7 PD 73~::~
lIT',' DF DELRR¥ BER£H
DELRAY BEACH
~ CITY CLERK ~00 N.W. 1st AVENUE. DELRAY BEACH~ FLORIDA 33444. 407/243-7000
1993 C E R T I F I C A T I O N
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. 32-98, as
the same was passed and adopted by the Delray Beach City
Commission in regular session on the 19th day of May, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
26th day of May, 1998.
Alison MaCGregOr ~arty-
~ ,~'/ City Clerk
~ ": " City of Delray Beach, Florida
THE EFFORT ALWAYS MATTERS
J~ Printad orl Rec~'c~ed Paper
ORB
DIX~OTHY H. WILKEN, CLERK PB COUNTY, FL
N.E. $TH ST.
N.E. 4TH ST.
N.E. 3RD ST.
~ - ABANDONMENT -
o~ ~ ~.,,~,~,:~. F, 16' ALLEY OF BLOCK 129
;~LANNING & ZONING D£PARTM;'NT
--- DIGITAZ ~4E£ 1,44P SY~TE~ -- MAP REP: LM20D
MEMORANDUM
TO: Celeste McDonough, Administrative Assistant
FROM: Alison Harty, City Clerk~
SUBJECT: Recordinq/Resolution No. 32-98
DATE: May 26, 1998
Attached is a certified copy of Resolution No. 32-98 which
abandons an unimproved north/south alley lying within Block 129,
Town of Delray. It was approved by the City Commission on May
19, 1998.
Please have the resolution recorded. 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
oou, u z.
DEPARTMENT OF PLANNING AND ZONINGv '-~ ~, . I /
SUBJECT: MEETING OF MAY 19, 1998 **CONSENT AGENDA**
ABANDONMENT OF NORTH/SOUTH ALLEYWAY WITHIN BLOCK 129
The action requested of the City Commission is approval of the proposed abandonment
of an unimproved north/south alley located within Block 129, Town of Delray. The
subject right-of-way is located west of N.E. 9th Avenue (Palm Trail) and south of N.E. 4th
Street. The applicant is requesting the abandonment to incorporate the area into
abutting residential properties.
The survey submitted indicates the alley was dedicated by several deeds that reference
an alley and dedication for N.E. 9th Avenue (Palm Trail), however, the exact parameters
of the alley are unclear. Therefore, the City Attorney's Office recommended that the City
abandon any interest in the alley as may be indicated in the deeds as well in the area
where the alley was to be dedicated, while retaining utility easements across the entire
16' down the center of the block. For additional analysis please refer to the attached
January 26, 1998 Planning and Zoning Board Staff Report.
The Planning and Zoning Board considered this request at its meeting of January 26,
1998, and unanimously recommended approval (5-0) with the conditions that the City
retain a utility easement in the area noted on the survey where the alley actually exists,
and that the City retain all interest in N.E. 9th Avenue (Palm Trail) right-of-way as
described in the warranty deeds. This language is being incorporated into the Resolution
for the abandonment.
By motion, approve the abandonment of the north/south alley within Block 129 through the
enactment of Resolution 32-98.
Attachment: ~ ~
· Planning and Zoning Staff Report ~
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: January 26, 1998
AGENDA ITEM: V.C.
TEM: Abandonment of the Alleyway Lying within Block 129, Located on the
south side of N.E. 4th Street, Between N.E. 8th Avenue and Palm Trail.
GENERAL DATA:
' '- ST.
Owner/Applicant ........................ Various
Location ..................................... Alleyway within Block 129,
located on the south side of
N.E. 8th Avenue 8, Palm
Trail.
Property Size ............................. 0.268 Acre
Future Land Use Map ................ Low Density Residential
Current Zoning .......................... R-l-AA (Single Family
Adjacent Zoning ............... North: R-l-AA
East: R-l-AA
South: R-l-AA
West: R-l-AA ..
Existing Land Use .................... Unimproved alleyway
Proposed Land Use ................... Abandonment of 16'
PARK
V,C.
The item before the Board is the recommendation to the City Commission for the
proposed abandonment of an unimproved north/south alley located within Block 129,
Town of Delray. The subject right-of-way is located west of N.E. 9th Avenue and
south of N.E. 4th Street. This right-of-way abandonment is being processed pursuant
to LDR Section 2.4.6(0), Abandonment of Rights-of-Way.
The subject alley consists of approximately 11,723.84 sq. ft. (16' x 732.74') and is
unimproved. The abandonment area is surrounded by residential development to the
north, south, east, and west on properties zoned R-l-AA (Single Family Residential).
The applicant is requesting the abandonment to incorporate the area into abutting
residential properties.
In May, 1997 an application was submitted requesting the abandonment of a
north/south alley within Block 129. The south one-half of the subject alley does not
appear on the property appraiser's map, however, a survey submitted with the
application notes the alley (16' wide) the full length of the block. In an attempt to
determine if the alley exists copies of the deeds referenced on the survey were
requested. It was noted there were no references to, nor were deeds provided for,
the southern portion of the alley. Some of the deeds the applicant provided are barely
legible, but they all appear, to dedicate road right-of-way for N.E. 9th Avenue and an
alleyway. However, the area dedicated by the deeds does not exactly match the
location of the alley as noted on the survey. Further, in reviewing the legal
descriptions from the County Appraiser's office no alley is noted for the southem
portion of the block (see attached exhibit).
In order to verify the alley's existence and location, additional information was
requested from the applicant, including a certified title search of all lots within Block
129; the last recorded warranty deeds for all lots within Block 129; and, a revised
survey reflecting boundaries of all lot descriptions per the last warranty deeds. Rather
than incur the expense involved in obtaining the above requested information, the
applicant requested that only the portion of alley abutting his property be abandoned.
However, this request was rejected as it is inconsistent with the City policy that entire
alleys within blocks be abandoned. Rather than incurring the additional expense on
this applicant the City is proposing to abandon interest in the alley which may be
dedicated in the deeds as well as the area noted on the exhibit submitted by the
applicant (16' centrally located in the middle of the block). Using this approach all
interest in the alley which would be located in the survey Exhibit and or located and
identified in the deeds would be abandoned. Therefore, this action would abandon
Planning and Zoning Board Staff Report
Block 129 Alley Abandonment
Page 2
interest if it exists from all lots, helping to clear title to these properties. The City
Attorney has indicated this approach can be taken, thereby releasing City interest in
an alley which may be incorrectly located in the deeds or correctly dedicated in the
area noted in the exhibit (16' centrally located in the middle of the block).
l[:!:~:!~::::::!:!:!:~:~:~:::~:~:i:!~!~i~!i!~:~::i:~:i:~:~:~:~:~:i:~! !!! ~!i~i~i :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :~:~:~:~:: :?~.:::::::~:~ :~,:~::::::::~:~: ::::;~:~: ~:::::::~ :~:~::: ::~ :~.::: :~:~ :::~:~: ~:: ! ! !!
Review b~ City Departments:
The City Attorney's Office has reviewed the request and has recommended that the
City Commission consider an abandonment resolution. The resolution should state
the history of the City's ownership of the alley and utility easements. The resolution
should also state t.hat the City will retain easements for public and private utilities
within the area shown in the Exhibit submitted by the applicant. Given the deeds'
references to N.E. 9th Avenue, the resolution should also maintain interest in this
right-of-way. The resolution will only be able to retain easements over the area noted
in the Exhibit to the extent that the alley right-of-way currently exists.
Review by Utility_ Companies:
A transmission pole line with Florida Power and Light, Adelphia Cable, and BellSouth
services extends along the entire alley, and an underground gas line is also located
within a portion of the alley. The utility companies have no objection to the
abandonment request provided replacement easements covering all existing services
are provided. Provision of a replacement easement is attached as a condition of
approval. The City will retain easements over that portion of the 16' alley for which it
owns, which may or may not include the entire length of the alley. Easement over
areas which may have never been dedicated to the City will need to be obtained by
each respective utility company.
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 purposes.
Transmission poles and a gas line exist within the subject alley. Retention of
easement rights over the ~ledicated alley to cover FPL, BellSouth, and Adelphia
Cable, and Florida Public Utilities services, is attached as a condition of approval.
Planning and Zoning Board Staff Report
Block 129 Alley Abandonment
Page 3
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
All of the abutting lots take access from N.E. 8th Avenue, N.E. 9th Avenue, N.E. 3rd
Street, or N.E. 4th Street. Therefore, the abandonment does not prevent access to a
lot of record.
C) Tha{ 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. No City facilities (water, sewer, drainage
mains or pipes) exist or are planned in the alley. The Environmental Services
Department has no 'objections to the abandonment request. Easements in the area
being abandoned must be retained to cover the existing BellSouth, FPL, gas, and
cable facilities within the alley. Thus, no detriment will therefore result for the
provision of the above services.
[.i.i!.iil.i i:~i iii ~:: ?,:,', ~,ii:,iiii ii ~ii~::i:~:~ii i i:~i ii:, i!i i i'~::.~! iSS. i iEi S.Si. M?Ei N.i ~.i.?~!.i.i.ii.!.A Ni:~D'~! i ii ii ~:~.i.i.G.:..:.Q.i.N.i.C' i~i. U.~ S.i.ili~N~i ii.i.ii.i.i.i.i.iii. ~:.i.i.i.i.iiii.i.ii.ii:::,i! i iii ii i.:~ i .:::?,i
The subject abandonment is being requested to enlarge adjacent lots. By
abandoning the area to private interests, the property will be improved upon and
properly maintained. The survey submitted indicates the alley was dedicated by
several deeds that reference an alley and dedication for N.E. 9th Avenue. However,
the location and existence of the alley is unclear. Due to this confusion the City
Attorney's Office has recommended that the City abandon interests in the alley as
may be indicated in the deeds as well in the area where the alley was to be dedicated
(as noted in the applicant's exhibit), while retaining utility easements across the entire
16' noted in the exhibit (center of block).
1. Continue with direction to require applicant to provide information to verify the
alley's existence and location, including the following:
n A certified title search of all lots within Block 129, Town of Delray;
[] The last recorded warranty deeds for all lots within Block 129, Town of Delray;
and,
[] A revised survey reflecting boundaries of all lot descriptions per last warranty
deeds.
Planning and Zoning Board Staff Report
Block 129 Alley Abandonment
Page 4
2. Recommend approval of the abandonment of the alley within Block 129, Town of
Delray, based upon positive findings with respect to required findings subject to
retaining replacement easements.
3. Recommend denial of the abandonment of the alley within Block 129, Town of
Delray, with reasons stated.
============================================================================================================================================================================================ ?:::::?:~ :;:;:;:::: ::::::::::::::::::::::::::::::::::::::::::::::::::: !:::::?::!!::ili!! !!
By motion, recommend approval of the abandonment of the north/south alley located
within Block 129, Town of Delray, as noted in existing warranty deeds and within the
area noted on the attached survey, based upon positive findings with respect to LDR
Section LDR Section. 2.4.6(0)(5), subject to the following conditions:
1. That the City retains a utility easement in the area noted on the attached survey
for FPL, BellSouth, cable, gas and any other future utility services.
2. That the City retains all interest in N.E. 9th Avenue right-of-way as described in the
warranty deeds.
Attachments:
· -Location Map and Reduced Survey
· Sketch of Legals
filename: u:~jrahamc~pzrep~b1129abd.doc
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TO: ALISON MACGREGO~R/..~RTY, CITY CLERK
FROM: CLAIRE LYTE-GRAI--TAM, PLANNER
DATE: FEBRUARY 10, 1998
RE: ABANDONMENT OF NORTH/SOUTH ALLEY - BLOCK 129
At its meeting of January 26, 1998, the Planning and Zoning Board recommended to approve
the abandonment of the north/south alley within Block 129, Town of Delray, as noted in the
existing warranty deeds and within the area noted on the attached survey, subject to the
following conditions:
1. That the City retains a utility easement in the area noted on the survey where the alley
actually exists for FPL, BellSouth, cable, gas and any future utility services; and,
2. That the City retains all interest N.E. 9th Avenue right-of-way as described in the warranty
deeds.
Please prepare a resolution abandoning the alley. The language in the resolution needs to be
coordinated with David Tolces, who reviewed the request.
For some background on this abandonment, there has been ongoing concern regarding the
status of this alley-whether or not the alley exists. The south one-half of the subject alley
does not appear on the property appraiser's map, however, the survey submitted with the
application notes the alley (16' wide) the full length of the block. In an attempt to determine if
the alley exists copies of the deeds referenced on the survey were requested. It was noted
there were no references to, nor were deeds provided for, the southern portion of the alley.
Some of the deeds the applicant provided are barely legible, but they all appear to dedicate
road right-of-way for N.E. 9th Avenue and an alleyway. However, the area dedicated by the
deeds does not exactly match the location of the alley as noted on the survey. Further, in
reviewing the legal descriptions from the County Appraiser's office no alley is noted for the
southern portion of the block.
The City is proposing to abandon interest in the alley which may be dedicated in the deeds as
well as the area noted on the exhibit submitted by the applicant (16' centrally located in the
middle of the block). Using this approach all interest in the alley which would be located in the
survey Exhibit and or located and identified in the deeds would be abandoned. Therefore,
this action would abandon interest if it exists from all lots, helping to clear title to these
properties. The City Attorney has indicated this approach can be taken, thereby releasing
City interest in an alley which may be incorrectly located in the deeds or correctly dedicated in
the area noted in the exhibit (16' centrally located in the middle of the block).
c: David Tolces, Assistant City Attorney
m
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: January 26, 1998
ITEM: V.C.
ITEM: Abandonment of the Alleyway Lying within Block 129, Located on the
south side of N.E. 4th Street, Between N.E. 8th Avenue and Palm Trail.
GENERAL DATA:
Owner/Applicant ........................ Various
Location ..................................... Alleyway within Block 129,
located on the south side of
N.E. 4th Street, between ~
N.E. 8th Avenue & Palm
Trail.
Property Size ............................. 0.268 Acre
Future Land Use Map ................ Low Density Residential ----1
Current Zoning .......................... R-l-AA (Single Family ,.~.
Residential)
Adjacent Zoning ............... North: R-l-AA
East: R-l-AA ~
South: R-l-AA _
West: R-l-AA
Existing Land Use .................... Unimproved alleyway
Proposed Land Use ................... Abandonment of 16'
North/South alley right-of-way. ·
Water Service ............................ n/a
Sewer
Service
~ ATLANTIC I VETERANS
V.C.
The item before the Board is the recommendation to the City Commission for the
proposed abandonment of an unimproved north/south alley located within Block 129,
Town of Delray. The subject right-of-way is located west of N.E. 9th Avenue and
south of N.E. 4th Street. This right-of-way abandonment is being processed pursuant
to LDR Section 2.4.6(0), Abandonment of Rights-of-Way.
The subject alley consists of approximately 11,723.84 sq. ft. (16' x 732.74') and is
unimproved. The abandonment area is surrounded by residential development to the
north, south, east, and west on properties zoned R-l-AA (Single Family Residential).
The applicant is requesting the abandonment to incorporate the area into abutting
residential properties.
In May, 1997 an application was submitted requesting the abandonment of a
north/south alley within Block 129. The south one-half of the subject alley does not
appear on the property appraiser's map, however, a survey submitted with the
application notes the alley (16' wide) the full length of the block. In an attempt to
determine if the alley exists copies of the deeds referenced on the survey were
requested. It was noted there were no references to, nor were deeds provided for,
the southern portion of the alley. Some of the deeds the applicant provided are barely
legible, but they all appear to dedicate road right-of-way for N.E. 9th Avenue and an
alleyway. However, the area dedicated by the deeds does not exactly match the
location of the alley as noted on the survey. Further, in reviewing the legal
descriptions from the County Appraiser's office no alley is noted for the southern
portion of the block (see attached exhibit).
In order to verify the alley's existence and location, additional information was
requested from the applicant, including a certified title search of all lots within Block
129; the last recorded warranty deeds for all lots within Block 129; and, a revised
survey reflecting boundaries of all lot descriptions per the last warranty deeds. Rather
than incur the expense involved in obtaining the above requested information, the
applicant requested that only the portion of alley abutting his property be abandoned.
However, this request was rejected as it is inconsistent with the City policy that entire
alleys within blocks be abandoned. Rather than incurring the additional expense on
this applicant the City is proposing to abandon interest in the alley which may be
dedicated in the deeds as well as the area noted on the exhibit submitted by the
applicant (16' centrally located in the middle of the block). Using this approach all
interest in the alley which would be located in the survey Exhibit and or located and
identified in the deeds would be abandoned. Therefore, this action would abandon
Planning and Zoning Board Staff Report
Block 129 Alley Abandonment
Page 2
interest if it exists from all lots, helping to clear title to these properties. The City
Attorney has indicated this approach can be taken, thereby releasing City interest in
an alley which may be incorrectly located in the deeds or correctly dedicated in the
area noted in the exhibit (16' centrally located in the middle of the block).
Review by City Departments:
The City Attorney's Office has reviewed the request and has recommended that the
City Commission consider an abandonment resolution. The resolution should state
the history of the City's ownership of the alley and utility easements. The resolution
should also state that the City will retain easements for public and private utilities
within the area shown in the Exhibit submitted by the applicant. Given the deeds'
references to N.E. 9th Avenue, the resolution should also maintain interest in this
right-of-way. The resolution will only be able to retain easements over the area noted
in the Exhibit to the extent that the alley right-of-way currently exists.
Review by Utility_ Companies:
A transmission pole line with Florida Power and Light, Adelphia Cable, and BellSouth
services extends along the entire alley, and an underground gas line is also located
within a portion of the alley. The utility companies have no objection to the
abandonment request provided replacement easements covering all existing services
are provided. Provision of a replacement easement is attached as a condition of
approval. The City will retain easements over that portion of the 16' alley for which it
owns, which may or may not include the entire length of the alley. Easement over
areas which may have never been dedicated to the City will need to be obtained by
each respective utility company.
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.
Transmission poles and a gas line exist within the subject alley. Retention of
easement rights over the dedicated alley to cover FPL, BellSouth, and Adelphia
Cable, and Florida Public Utilities services, is attached as a condition of approval.
Planning and Zoning Board Staff Report
Block 129 Alley Abandonment
Page 3
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
All of the abutting lots take access from N.E. 8th Avenue, N.E. 9th Avenue, N.E. 3rd
Street, or N.E. 4th Street. 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. No City facilities (water, sewer, drainage
mains or pipes) exist or are planned in the alley. The Environmental Services
Department has no objections to the abandonment request. Easements in the area
being abandoned must be retained to cover the existing BellSouth, FPL, gas, and
cable facilities within the alley. Thus, no detriment will therefore result for the
provision of the above services.
The subject abandonment is being requested to enlarge adjacent lots. By
abandoning the area to private interests, the property will be improved upon and
properly maintained. The survey submitted indicates the alley was dedicated by
several deeds that reference an alley and dedication for N.E. 9th Avenue. However,
the location and existence of the alley is unclear. Due to this confusion the City
Attorney's Office has recommended that the City abandon interests in the alley as
may be indicated in the deeds as well in the area where the alley was to be dedicated
(as noted in the applicant's exhibit), while retaining utility easements across the entire
16' noted in the exhibit (center of block).
1. Continue with direction to require applicant to provide information to verify the
alley's existence and location, including the following:
r~ A certified title search of all lots within Block 129, Town of Delray;
[] The last recorded warranty deeds for all lots within Block 129, Town of Delray;
and,
[~ A revised survey reflecting boundaries of all lot descriptions per last warranty
deeds.
Planning and Zoning Board Staff Report
Block 129 Alley Abandonment
Page 4
2. Recommend approval of the abandonment of the alley within Block 129, Town of
Delray, based upon positive findings with respect to required findings subject to
retaining replacement easements.
3. Recommend denial of the abandonment of the alley within Block 129, Town of
Delray, with reasons stated.
By motion, recommend approval of the abandonment of the north/south alley located
within Block 129, Town of Delray, as noted in existing warranty deeds and within the
area noted on the attached survey, based upon positive findings with respect to LDR
Section LDR Section 2.4.6(0)(5), subject to the following conditions:
1. That the City retains a utility easement in the area noted on the attached survey
for FPL, BellSouth, cable, gas and any other future utility services.
2. That the City retains all interest in N.E. 9th Avenue right-of-way as described in the
warranty deeds.
Attachments:
· Location Map and Reduced Survey
· Sketch of Legals
filename: u:~grahamc~pzrep~b1129abd.doc
N.E. 5TH ST.
N.J. 4-rH SI. ~
N.F. 3RD ST. ~'
~ - ABANDONMENT -
~,~,, o~ ~,,,,,~ ~,~. ~, 1 6' ALLEY OF BLOCK 129