Res 36-98 RESOLUTION NO. 36-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT
PORTION OF THE RIGHT-OF-WAY FOR N.W. 3RD COURT
LYING SOUTH OF AND ADJACENT TO LOT 6 AND LOT 21,
RE-SUBDIVISION OF BLOCK 17, DELRAY BEACH, FLORIDA,
RECORDED IN PLAT BOOK 21 AT PAGE 90 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE
PARTICULARLY DESCRIBED HEREIN; SUBJECT TO
ACCEPTANCE OF AN EASEMENT DEED FOR PUBLIC
UTILITIES.
WHEREAS, an application for abandonment of that portion of
N.W. 3rd Court right-of-way lying south of and adjacent to Lot 6 and
that portion of N.W. 3rd Court right-of-way lying south of and
adjacent to Lot 21, Re-subdivision of Block 17, Delray Beach,
Florida, as more particularly described herein, was received by the
City of Delray Beach; and
WHEREAS, the application for abandonment of that 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, April 20, 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
the condition that a replacement easement be provided for utility
service; 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 9ood and deems it to be in the best
interest of the City of Delray Beach to vacate and abandon said
ri~ht-of-way, based upon positive findings pursuant to LDR Section
2.4.6(0)(5) and subject to the acceptance of an easement deed for
public utilities.
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, subject to acceptance of an easement deed for public
utilities:
ORB ~-0468 Pg 533
That portion of N.W. 3rd Court right-of-way lying
south of and adjacent to Lot 6 and that portion of
N.W. 3rd Court right-of-way lying south of and
adjacent to Lot 21, all being in Re-Subdivision of
Block 17, Delray Beach, Florida, as recorded in
Plat Book 21, Page 90, of the Public Records of
Palm Beach County, Florida.
Section 2. That this abandonment of right-of-way described
in Section ! above shall not become effective and this resolution
shall not be recorded in the Public Records of Palm Beach County,
Florida, until an easement deed for public utilities has been
accepted by the City Commission of the City of Delray Beach, Florida.
PASSED AND ~OPTED in regular session on this the 2nd day
of June, 1998.
ATTEST:
- 2 - Res. No. 36-98
ORB 10~68 Pg
I "m''.' m.,2 L ~ J' ~(N.E. 4TH ST.) R 0 A D
~ I ~ ~ CASON
- : .... METHOD/ST
I ~ I i m CHURCH
SCHOOL : ., I c~m , i
MAE~N LUTHER KING JR. DRI~
z CITY
~ - ABANDONMENT-
ORB
DOROTHY H. WILKEN, CLERK PB COUNTY, FL
lily OF DELAIIV BEI:I[H
DELI~^Y BE^CH
~ CITY CLERK lOON,W. ~,~,^VENU~. D~.~,^Y BEAC..
i"'""caC"~
1993 CERT 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. 36-98, as
the same was passed and adopted by the Delray Beach City
Commission in regular session on the 2nd day of June, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
10th day of June, 1998.
Alison MaCGregor ~rty
City Clerk
City of Delray Beach, Florida
THF_ EFFORT ALWAYS MATTERS
[Printed or~ ~.9¢~,c/e¢.¢ PP4¢e;
DOROTHY H. IIILKEH,~ CLERK PB COUNTY,, FL
!
SCALE: 1'= 20'
LOT 7 LOT 6
BLOCK 17 BLOCK 17
SKETCH OF DESCRIPTION
__~ '] ALLEY
17' ALLEY RIGHT OF WA Y
RIGHT OF WA Y ~ J
NO TBS:
THIS IS NOT A SURVEY
~ = CENTEflLINE
THE SOUTH LINE OF LOT 21, BLOCK 17
IS ASSUMED TO BEAR N. gO~OO'OO'W.
DESCRIP T/ON:
AN EASEMENT 10.0 FEET IN WIDTH FOR UTILITIES PURPOSES LYING
WITHIN THE RIGHT OF WAY OF NORTHWEST THIRD [J) COURT, AS SHOWN
ON THE PLAT OF RESUBDIVISION OF BLOCK 17, DELRAY BEACH, SAID
PLA T BEING RECORDED IN PLAT BOOK 21 A T PAGE 90, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, THE CENTERI_INE OF SAID EASEMENT
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
~ COMMENCE AT THE SOUTHEAST CORNER OF LOT 21, BLOCK 17, SAID PLAT
OF RESUBDIVISION OF BLOCK 17, SAID PLAT OF RESUBDIVISION OF
BLOCK 17; THENCE N.90~OO'OO'W., ALONG SAID SOUTH LINE, A
~" DISTANCE OF 7.80 FEET TO THE POINT OF BEGINNING; THENCE
ON S.O°51'OO°E., ALONG A LINE PARALLEL WITH AND 7.80 FEET WEST OF
THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID LOT 2I, BLOCK
~ k 17 AND ALONG THE CENTERLINE OF THE I0.0 FOOT WIDE EASEMENT, A
~ ~'~ (~ DISTANCE OF 10.50 FEET TO POINT 'A'; THENCE CONTINUE
S.0~51'00"E., ALONG THE SAME COURSE AND ALONG THE CENTERLINE OF
~ ~ -~J THE 10.0 FOOT WIDE EASE~NT, A DISTANCE OF 14.50 FEET TO AN
k ~ ~ ~ INTERSECTION WITH THE NORTH LINE OF LOT 20 OF SAID BLOCK 17 AND
THE TERMINUS OF THIS PART OF THE EASEMENT; THENCE RETURN TO SAID
POINT 'A'; THENCE S.88°48'29'W., ALONG THE CENTERLINE OF THE
~ ~ SAID I0.0 FOOT WIDE EASEMENT, A D/STANCE OF 166.2 FEET TO THE
{~ ~ ~' TERMINUS OF THE SAID EASEMENT.
~ ~ THE SIDE LINES OF SAID 10.0 FOOT EASEMENT TO BE EXTENDED OR
-~ SHORTENED TO MEET AT ANGLE POINTS.
EXHIBIT A
LOT 21,'
~ BLOCK 21 ~ DATE: WA~ 4;
~ ~ o'e~v, s~. o~,~,v. ~ , 1
cERr~ TE oF ,~ureo~zA .o~ ae353 m
SURVEYOR AND MAPPER ~1 RESPONS~LE!
~ N. W. 5 TH AVE. CH~,~, ~o,~ ~. ~TE,
2801 NORTH FEDERAL HIC, HWA Y
DELRA Y BEACH FLORIDA 33483 I
(561) 276-4501 (561) 732-3279
ORDER
NO.
97-240EA
I
MEMORANDUM
TO: Celeste McDonough, Administrative Assistant
FROM: Alison Harry, City Clerk~
SUBJECT: Recordinq/Resolution No. 36-98 & Associated Easement
Deed
DATE: June 10, 1998
Attached is a certified copy of Resolution No. 36-98 which
abandons a portion of the right-of-way for N.W. 3rd Court as
shown on Resubdivision of Block 17. It was approved by the City
Commission on June 2, 1998, subject to receipt and acceptance of
an easement deed for replacement utilities.
The associated easement deed was accepted by Commission on the
same June 2nd agenda. The original is attached and should be
recorded concurrently with the abandonment resolution.
Please have both documents recorded. When they come back from
the County, please forward a copy of the recorded resolution and
easement to Claire in Planning for her file. The originals
should be returned to me.
Thank you.
$un-18-1998 88:17am 98--~3~39901
Prepared by: RETURN: ORB 1 O461~ P§ 595
Illllllllflllllllllllllllll IIIII
David N. Tolces, Esq.
City Attorney's Office
200 N.W. 1 st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made thisc_~,- day of t v cc,--x/ , 1998, by and between
SENOVAIN P. STEPHENS, a single person, and SANDRA L~ STEPHENS, a single person,
joint tenant's with full rights of survivorship, with a mailing address of 622 S.W. 7th Avenue,
Delray Beach, Florida 33444 party of the first part, and the CITY OF DELRAY BEACH, with
a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal
corporation in Palm Beach County, State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the sum of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the 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 perpetual easement for the purpose of: installation and maintenance of public utilities
with full and free right, liberty, and authority to enter upon and to install, operate, and maintain
such utilities well under, across, through and upon, over, under or within the following described
property located in Palm Beach County, Florida, to-wit:
DESCRIPTION
AN EASEMENT 10.0 FEET IN WIDTH FOR UTILITIES PURPOSES LYING
WITHIN THE RIGHT OF WAY OF NORTHWEST THIRD (3) COURT, AS
SHOWN ON THE PLAT OF RESUBDIVISION OF BLOCK 17, DELRAY
BEACH, SAID PLAT BEING RECORDED IN PLAT BOOK 21 AT PAGE 90,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THE
CENTERLINE OF SAID EASEMENT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 21, BLOCK 17, SAID
PLAT OF RESUBDIVISION OF BLOCK 17, SAID PLAT OF
RESUBDIVISION OF BLOCK 17; THENCE N.90°00'0"W., ALONG SAID
SOUTH LINE, A DISTANCE OF 7.80 FEET TO THE POINT OF BEGINNING;
'00"E., PARALLEL WITH AND 7.80 FEET
THENCE
S.0°51
ALONG
A
LINE
WEST OF THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID
LOT 21, BLOCK 17 AND ALONG THE CENTERLINE OF THE 10.0 FOOT
WIDE EASEMENT, A DISTANCE OF 10.50 FEET TO POINT" "'
A , THENCE
CONTINUE S.0°5 i '00"E., ALONG 'FHE SAME COURSE AND ALONG THE
CENTERLINE OF THE 10.0 FOOT WIDE EASEMENT, A DISTANCE OF
14.50 FEET TO AN INTERSECTION WITH THE NORTH LINE OF LOT 20
OF SAID BLOCK 17 AND THE TERMINUS OF THIS PART OF THE
EASEMENT; THENCE RETURN TO SAID POINT ""'
A , THENCE
S.88°48'29"W., ALONG THE CENTERLINE OF THE SAID 10.0 FOOT WIDE
EASEMENT, A DISTANCE OF 166.2 FEET TO THE TERMINUS OF SAID
EASEMENT.
THE SIDE LINES OF SAID 10.0 FOOT EASEMENT TO BE EXTENDED OR
SHORTENED TO MEET AT ANGLE POINTS.
ORB 10468 Pg 596
Concomitant and coextensive with this right is the further right in the party of the second
party, 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.
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
mortgages 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.
It is understood that upon completion of such installation, all lands disturbed thereby as a
result of such installation or spoilage deposited thereon, will be restored to its original condition
or better without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered. Where the context of this Easement Deed allows or permits, the same shall
include the successors or assigns of the parties.
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
SENOVA1N P. STE1;HEN§, ~'~.
Print Name:
STATE OF
COUNTY OF PALM BEACH
The foregoing ins~ent was ac~owledged before me ~ day of ~~ ,
99a by S NOW N P. ST . NS,
WITNESSES: //' / ~ PARTY OF THE FIRST PgtRT ..
'""Print Name:(~/4:///c' ()~,): ~/--~:: By:
4Dp& L. STEPHF/ s / -
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before m_m~e this .~ day of ~ ,
1998 by SANDRA L. STEPHENS ~lS p'-"~6rson-~-il_y_~k_go~,7~,a~ who,~ pro_d'uced
as identification. ~.~r--'-~~-/
natuA o-'FN c
2
LOT 7 LOT 6
BLOCK 17 BLOCK 17
SKETCH OF DESCRIPTION
I 17' ALLEY
17' ALLEY RIGHT OF WA Y
~IGHT OF WA Y ~ I
NO TES:
THIS IS NOT A SURVEY
~ ,,, CENTERLINE
THE SOUTH LINE OF LOT 21, BLOCK 17
IS ASSUMED TO BEAR N.90*OO'OO*W.
DESCRIPTION:
AN EASEMENT 10.0 FEET IN WIDTH FOR UTLITIES PURPOSES LYING
WITHIN THE RIGHT OF WA Y OF NORTHWEST THIRD (3) COURT, AS SHOWN
ON THE PLAT OF RESUBDIVISION OF BLOCK 17, DELRAY BEACH, SAID
PLA T BEING RECORDED IN PLA T BOOK 21 A T PAGE 90, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, THE CENTERLINE OF SAID EASEMENT
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 21, BLOCK 17, SAID PLAT
OF RESUBDIVISION OF BLOCK 17, SAID PLAT OF RESUBDIVlSION OF
BLOCK 17; THENCE N.90*OO'OO'W., ALONG SAID SOUTH LINE, A
~" DISTANCE OF 7.80 FEET TO THE POINT OF BEGINNING; THENCE
C~J S.O~51'O0'E., ALONG A LiVE PARALLEL WITH AND 7.80 FEET WEST OF
THE SOUTHERLY PROJECTION OF THE EAST LIVE OF SAID LOT 21, BLOCK
[~ k~. 17 AND ALONG THE CENTERLIN£ OF THE 10.0 FOOT WIDE EASEMENT, A
(~) ~'~ (~ DISTANCE OF 10.50 FEET TO POINT 'A'; THENCE CONTINUE
S.0~51'00'E., ALONG THE SAME COURSE AND ALONG THE CENTERLINE OF
C~J ~ ~ ~.J THE 10.0 FOOT WIDE EASEMENT, A DISTANCE OF 14.50 FEET TO AN
k~ ~.) ~--. ~ INTERSECTION WITH THE NORTH LINE OF LOT 20 OF SAID BLOCK 17 AND
THE TERMINUS OF THIS PART OF THE EASEMENT; THENCE RETURN TO SAID
POINT 'A'; THENCE S.88'48'29'W., ALONG THE CENTERLINE OF THE
(~ (~ ~ ~ SAID 10.0 FOOT WIDE EASEMENT, A DISTANCE OF 166.2 FEET TO THE
~ ~' TERMINUS OF THE SAID EASEMENT.
~ ~ THE SIDE LINES OF SAID 10.0 FOOT EASEMENT TO BE EXTENDED OR
-~ SHORTENED TO MEET A T ANGLE POINTS.
k~
~ EXHIBIT A
5' SH, EE,,T 10F 1
14.50'
~, S.o'5roo"E. ~, ~ . ~FY, O&'zAND~.M~PPER
S.E.
LOT 21, "
~ BLOCK 21
I ·
I
~ N. W. 5 TH AVE. c,,.,~, ~ ~. su~r~,
OELRA Y BEACH FLORIDA 33483
ORDER NO. 97-2401~A (561) 276-4501 (5~I) 732-3279
THRU: PAUL~DORLIN~, pRINCIPAL PLANNER
FROM: C . LANNER
SUBJECT: MEETING OF JUNE 2, 1998 **CONSENT AGENDA**
ABANDONMENT OF AN UNIMPROVED RIGHT-OF-WAY
The requested action of the City Commission is approval of the abandonment of N.W. 3rd
Court, an unimproved right-of-way located within Block 17, Town of Delray. The subject right-
of-way is located between N.W. 5th and N.W. 6th Avenues, north of N.W. 3rd Street.
The unimproved 25' right-of-way (south half of 50' right-of-way) was dedicated with the replat of
Block 17, Town of Delray Subdivision in August, 1947. The area proposed for abandonment is
NW. 3rd Court between N.W. 5th and N.W. 6th Avenues (less 17' corresponding with the
north/south alley in the middle of the block) adjacent Lots 6, 7, 20, and 21.
The right-of-way is unimproved, however structures have been erected within the right-of-way
area, including fences and a paved driveway accessing a single family residence on Lot 7. In
addition, a single family residence on Lot 20 encroaches into the right-of-way. The property
owners of Lot 21, on the north side (east of the north/south alley), have requested the
abandonment in order to increase the size of their lot for the construction of a single family
home. The attached P & Z staff report contains additional background and analysis of the
request.
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ":'":':':':i
The Planning and Zoning Board considered this request at its meeting of April 20, 1998, and
unanimously recommended approval of the abandonment, with the condition that a
replacement easement over the existing east/west utility pole line and north/south service be
provided. A replacement utility easement and revised survey have been provided.
El By motion, approve the abandonment of N.W. 3rd Court through the enactment of
Resolution 36-98.
Attachment:
· Planning and Zoning Staff Report
PLANNING AND ZONING BOARD
CITY OF DELi~t~Y BEACH ---STAFF REPORT---
MEETING DATE: April 20, 1998
AGENDA ITEM: iV.A.
ITEM: Abandonment of N.W. 3rd Court (less the 17' corresponding with
the north/south alley in the middle of the block), Lying Between
N.W. 5th Avenue and N.W. 6th Avenue, South of Lake Ida Road.
~ i? N.E. 4TH ST.) ,R 0 A D '.'
_. !1 i2
S.D. SPADY ~ Nw ~O
ELEMENTARY
SCHOOL ~ ~
GENERAL DATA:
Owner/Applicant ................... Sandra & Senovain Stephens
Location ............................... N.W. 3rd Court, lying between N.W. 5th Avenue and N.W. 6th
Avenue, South of Lake Ida Road.
Property Size ........................ 0.154 Acre
Existing Future Land Use
Map Designation .................. Low Density
Current Zoning ..................... R-I-A (Single Family Residential)
Adjacent Zonings ........ North: R-I-A
East: R-1-A
South: R-I-A
West: R-I-A
Existing Land Use ................ Unimproved right-of-way
Proposed Land Use ............. Abandonment of the 25' unimproved right-of-way to incorporate the
area as part of Lot 21, re-subdivision of Block 17, for the
construction of a single family house.
Water Service ....................... nla
Sewer Service ...................... n/a
The item before the Board is that of making a recommendation to the City
Commission for the proposed abandonment of N.W. 3rd Court located within Block
17, Town of Delray. The subject right-of-way is located between N.W. 5th and N.W.
6th Avenues, north of N.W. 3rd Street.
This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0),
Abandonment of Rights-of-Way.
The 25' right-of-way (south half of 50' right-of-way) was dedicated with the recordation
of the Resubdivision of Block 17, Town of Delray Subdivision in August, 1947. The
right-of-way is generally unimproved, however structures have been erected within
the abandonment area, including fences and a paved driveway accessing a single
family residence on Lot 7. In addition, a single family residence on Lot 20 encroaches
into the right-of-way.
The area proposed for abandonment is N.W. 3rd Court (less 17' corresponding with
the north/south alley in the middle of the block) adjacent Lots 6, 7, 20, and 21. The
property owner of Lot 21, on the north side (east of the alley), has requested the
abandonment in order to increase the size of the lot for the construction of a single
family home.
The subject right-of-way is 25' in width, approximately 6,750 sq. ft., and represents an
equal dedication from lots to the north and south. 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. The right-of-
way will be divided between the property owners immediately to the north and south
with 12.5' going to each.
The owner of Lot 21 has requested the abandonment in order to increase the size of
the lot for the construction of a single family home. Lot 21 is located in the R-1-A
zoning district and is 50' wide and 135' deep. Within the R-1-A zoning district the
following development standards apply:
Minimum Lot Size: 7,500 sq. ft.
Lot Width: 60' interior lot/80' corner lot
Planning and Zoning Board Staff Report
N.W. 3rd Court Abandonment
Page 2
Lot Depth: 100'
Side Street Setback: 15'
Side Interior Setback: 7.5'
Lot 21 is nonconforming with respect to lot size (6,750 sq. ft.) and lot width (50').
Currently Lot 21 is considered a corner lot and must comply with the applicable
setbacks, making it difficult to construct a single family home. With the abandonment
of the right-of-way, Lot 21 is no longer a corner lot, allowing a side interior setback of
7.5', and will meet the minimum lot size (8,437.5') and lot width (62.5').
That portion of the right-of-way between Lots 6 and 7 contains a paved driveway for
the residence on Lot 7. After abandonment this driveway will encroach approximately
4' onto property owned by Lot 6 to the north. The status of this improvement would
thereafter be a private matter for these two neighbors to resolve. It is noted that Lot 7
has a second driveway to serve this property.
In addition, .the survey notes existing fences which roughly correspond to the new
property lines (after abandonment). If they encroach over new property lines,
relocation may need to be resolved between the property owners. The abandonment
will also provide relief for the single family home on Lot 20 currently encroaching onto
the right-of-way.
A 17' north/south alley containing a 2" water main intersects the subject right-of-way.
The Environmental Services Department has no objection to the abandonment as
long as the'portion of right-of-way intersecting the 17' alley is not included in the
abandonment area. This request has excluded that portion of N.W. 3rd Court. The
Fire Department has reviewed the request, and has no objection. An existing
overhead utility line running east to west within the right-of-way contains BellSouth,
Adelphia Cable, and Florida Power and Light. A replacement easement will be
required as a condition of approval. The Florida Public Utilities Company has
reviewed the request and has no objection as there are no gas lines within this right-
of-way.
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 purpose.
Planning and Zoning Board Staff Report
N.W. 3rd Court Abandonment
Page 3
Currently, a 2" water main is located within the north/south alley, however, the portion
of right-of-way intersecting this alley is not included in the abandonment area. A
replacement easement will be required to cover existing Adelphia, BellSouth, and FPL
services. A driveway accessing the single family home on Lot 7 is located within the
subject right-of-way. This encroachment will need to be resolved by the private
property owners. The residence on Lot 7 has another ddveway directly in front of the
building providing access onto N.W. 6th Avenue. There will not be a need for the use
of the right-of-way for any public purpose other than that which is accommodated
through dedication of a replacement utility easement.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
The subjec( right-of-way, located between N.W. 5th and N.W. 6th Avenues, is
unimproved. At 25' in width, the right-of-way is substandard with respect to current
street standards (typically 50'). All lots will continue to have frontage on and access
to either N.W. 5th Avenue or N.W. 6th Avenue. As previously stated, a private
driveway within the N.W. 3rd Court abandonment area will be impacted, however
alternative access exists to the house. The abandonment of the subject right-of-way
will not prevent access to any lots 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.
An east/west utility line within the abandonment area will be accommodated in an
easement. No detriment will result to access or provision of services.
As the subject right-of-way is unimproved (without a roadway) and there are no plans
for its improvement, its intended use is limited. A portion of the abandonment area
will be combined with Lot 21 to the north to accommodate the construction of a single
family home that meets the required development standards. It is noted that
improvements (structures, fences, driveway) have been-built within the public right-of-
way. The abandonment appears to "clean up" current encroachment of a structure as
well as fences which are located along the middle of the abandonment area. The 4'
driveway encroachment between Lots 6 and 7 will need to be resolved by the private
parties.
Planning and Zoning Board Staff Report
N.W. 3rd Court Abandonment
Page 4
1. Continue with direction.
2. Recommend approval of the abandonment based upon positive findings with
respect to LDR Section 2.4.6(0)(5).
3. Recommend approval of the abandonment based upon positive findings with
respect to LDR Section 2.4.6(0)(5), pursuant to conditons.
4. ReCommend denial of the abandonment based upon a failure to make positive
findings with respect to LDR Section 2.4.6(0)(5).
By motion, recommend approval of the abandonment of N.W. 3rd Court' (less 17'
corresponding with the north/south alley in the middle of the block) within Block 17
based upon positive findings with respect to LDR Section 2.4.6(0)(5), with the
condition that a replacement easement over the existing east/west utility pole line and
north/south service be provided.
Attachments: -.
n Location Map and Survey
filename:u:\grahamc~ozrep~nw3ctab.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF JUNE 2, 1998
ACCEPTANCE OF EASEMENT DEED ASSOCIATED WITH RESOLUTION
NO. 36-98
DATE: MAY 29, 1998
This is before the City Commission to accept an easement deed
granting a 10 foot replacement easement for utilities within the
N.W. 3rd Court right-of-way proposed for abandonment via
Resolution No. 36-98 (Item 8.A. on the June 2, 1998, agenda).
The request for abandonment was reviewed by the Planning and
Zoning Board on April 20, 1998, and was recommended for approval
subject to the condition that a replacement easement be provided
for utilities within the right-of-way. The attached easement deed
has been prepared by the City Attorney's office and will have to
be recorded in the public records prior to the abandonment
becoming effective.
Recommend acceptance of the easement deed granting a replacement
easement for utilities within the N.W. 3rd Court right-of-way to
be abandoned via Resolution No. 36~98.
ref:agmemol0
Prepared by: RETURN:
David N. To{ecs, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made thisc_~ day of /~/~/ , 1998, by and between
SENOVAIN P. STEPHENS, a single person, and SANDRA I4~ STEPHENS, a single person,
joint tenant's with full rights of survivorship, with a mailing address of 622 S.W. 7th Avenue,
Delray Beach, Florida 33444 party of the first part, and the CITY OF DELRAY BEACH, with
a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal
corporation in Palm Beach County, State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the sum of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the 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 perpetual easement for the purpose of: installation and maintenance of public utilities
with full and fxee right, liberty, and authority to enter upon and to install, operate, and maintain
such utilities well under, across, through and upon, over, under or within the following described
property located in Palm Beach County, Florida, to-wit:
AN EASEMENT 10.0 FEET IN WIDTH FOR UTILITIES PURPOSES LYING
WITHIN THE RIGHT OF WAY OF NORTHWEST THIRD (3) COURT, AS
SHOWN ON THE PLAT OF RESUBDIVISION OF BLOCK 17, DELRAY
BEACH, SAID PLAT BEING RECORDED IN PLAT BOOK 21 AT PAGE 90,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THE
CENTERLINE OF SAID EASEMENT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 21, BLOCK 17, SAID
PLAT OF RESUBDIVISION OF BLOCK 17, SAID PLAT OF
RESUBDIVISION OF BLOCK 17; THENCE N.90°00'0"W., ALONG SAID
SOUTH LINE, A DISTANCE OF 7.80 FEET TO THE POINT OF BEGINNING;
THENCE S.0°5 I'00"E., ALONG A LINE PARALLEL WITH AND 7.80 FEET
WEST OF THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID
LOT 21, BLOCK 17 AND ALONG THE CENTERLINE OF THE 10.0 FOOT
WIDE EASEMENT, A DISTANCE OF 10.50 FEET TO POINT "A"; THENCE
CONTINUE S.0°51'00'E., ALONG THE SAME COURSE AND ALONG THE
CENTERLINE OF THE 10.0 FOOT WIDE EASEMENT, A DISTANCE OF
14.50 FEET TO AN INTERSECTION WITH THE NORTH LINE OF LOT 20
OF SAID BLOCK 17 AND THE TERMINUS OF THIS PART OF THE
EASEMENT; THENCE RETURN TO SAID POINT "A"; THENCE
S.88°48'29"W., ALONG THE CENTERLINE OF THE SAID 10.0 FOOT WIDE
EASEMENT, A DISTANCE OF 166.2 FEET TO THE TERMINUS OF SAID
EASEMENT.
THE SIDE LINES OF SAID 10.0 FOOT EASEMENT TO BE EXTENDED OR
SHORTENED TO MEET AT ANGLE POINTS.
Concomitant and coextensive with this right is the further right in the party of the second
party, 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 hereinat~er.
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
mortgages 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.
It is understood that upon completion of such installation, all lands disturbed thereby as a
result of such installation or spoilage deposited thereon, will be restored to its original condition
or better withom expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the
same again.qt the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered. Where the context of this Easement Deed allows or permits, the same shall
include the successors or assigns of the parties.
IN WITNESS WItEREOF, the parties to this Easement Deed set their hands
and seals the day and year first above written.
WITNESSES: . -- PARTY OF THE FIRST PART
· PHENS, SR. '
I I~'-~,' ...
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~_ day of t~c~'j/ ,
by SENOVAIN P. STEPHENS, SR.,c-~;~o is pe~-~onall~~or wl~o has
produced
~gnatu~ of~bli~
By:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~ day of //g~ ,
1998 by SANDRA L. STEPHENS ~~who,~ pr.~..ced
SCALE: l' = 20'
LOT 7 LOT 6
BLOCK 17 BLOCK 17
SKETCH OF DESCRIPTION
-~ "' I 17' ALLEY
17' ALLEY RIGHT OF WA Y
RIGHT OF WA Y ~
NO TES:
THIS IS NOT A SURVEY
~ ~ CENTERLINE
THE SOUTH LINE OF LOT 21, BLOCK 17
IS ASSUMED TO BEAR N. 90*OO'OO"W.
DESCRIPTION:
AN EASEMENT 10.0 FEET IN WIDTH FOR UTILITIES PURPOSES LYING
WITHIN THE RIGHT OF WA Y OF NORTHWEST THIRD ('3) COURT, AS SHOII~I
ON THE PLAT OF RESUBDIVISION OF BLOCK 17, DEL'WA Y BEACH, SAID
PLAT BEING RECORDED IN PLA T BOOK 21 A T PAGE 90, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, THE CENTERLINE OF SAID EASEMENT
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 21, BLOCK 17, SAID PLAT
OF RESUBDIVISION OF BLOCK 17, SAID PLAT OF RESUBDIVISION OF
BLOCK I7; THENCE N.90*OO'OO'W., ALONG SAID SOUTH LINE, A
DISTANCE OF 7.BO FEET TO THE POINT OF BEGINNING; THENCE
S. 0'51'00°E., ALONG A LINE PARALLEL MTH AND 7.80 FEET WEST OF
THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID LOT 21, BLOCK
17 AND ALONG THE CENTERUNE OF THE I0.0 FOOT WIDE EASEMENT, A
DISTANCE OF 10.50 FEET TO POINT 'A'; THENCE CONTINUE
S. OeSI'OO'E., ALONG THE SAME COURSE AND ALONG THE CENTERLINE OF
THE 10.0 FOOT WIDE EASEMENT, A DISTANCE OF 14.50 FEET TO AN
INTERSECTION WITH THE NORTH LINE OF LOT 20 OF SAID BLOCK 17 AND
THE TERMINUS OF THIS PART OF THE EASEMENT; THENCE RETURN TO SAID
POINT 'A': THENCE S.88°48'29'W., ALONG THE CENTERLINE OF THE
SAlO 10.0 FOOT WIDE EASEMENT, A DISTANCE OF 16~.2 FEET TO THE
TERMINUS OF THE SAID EASEMENT.
THE SIDE LINES OF SAID lO.O FOOT EASEMENT TO BE EXTENDED OR
SHORTENED TO MEET AT ANGLE POINTS.
EXHIBIT A
SHEET I OF 1
~ S.O°5~OO"E, ~ ~ S~EYOi~' AND MAPPER
S.E.
LOT 21,
~. BLOCK 21 ~ ,0,4 rE: ~ Y ,~, ~e
I
0~, ~ & 0~, ~ ,
~ ~ ~RT~ATE ~ AU~A~ ~3
W. 5 TH AVE.
2~o~ ~TH ~L ~WA Y
~AY ~A~ ~A 3~83
qROEE NO. 97-240E~ (561) 276-450I (561) 732-3279