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Res 69-98 RESOLUTION NO. 69-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE NORTH/SOUTH ALLEY RIGHT-OF-WAY WITHIN BLOCK 2, LAKE VIEW HEIGHTS, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR EXISTING PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of the sixteen foot (16 ' ) alley right -of-way lying within Block 2, Lake View Heights, as more particularly described herein; said Block 2, Lake View Heights being located between N.W. 7th and N.W. 9th Streets and between N.W. 1st and N.W. 2nd Avenues; 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 WHEREAS, pursuant to LDR Section 2.4.6(O) (3) (e) , the Planning and Zoning Board, as Local Planning Agency, formally reviewed this petition at a public hearing on May 18, 1998, and recommended 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 City Delray to vacate and abandon alley interest of the of Beach said 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 emergency access and constructing and/or maintaining, either over or under, 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELP~AY 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 emergency access and constructing and/or maintaining, either over or under, 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, more particularly described as follows: The enti're alley dividing Block 2, in LAKE VIEW HEIGHTS, Unit #1, as recorded in Plat Book 4, Page 67, in the Public Records of Palm Beach County, Florida, being described as a sixteen foot wide alley bounded on the west by Lots 14 thru 22, inclusive, on the east by Lots 5 thru 13, inclusive, on the south by N.W. 7th Street, and on the north by N.W. 9th Street. Containing 0.165 acre, more or less. PASSED AND ADOPTED in regular session on this the 3rd day of November, 1998. ATTEST: City Clerk - 2 - Res. No. 69-98 ORII ;1'943 P!I 1709 DOROTHY H1, HII..~EN~ CLERI( Pit IZ~INTY, FL N.W. llTH ST. N.E. 11TH ST. ~ . . N.E. 10TH ST. N.E. ITH ST. ~ ~ ~ '1 ' 'GEORGE BUSH BLVD. N.W. ' 7TH ST. LAKE TERR. N.W. 6TH ST. ~ , , N.E. 6TH ST, _ , BOY SCOUT TRINITY N.E. 5TH ST. CHUR CH OFFICE ~ ABANDONMENT - ~,~ or ~L...¥.~,.C,~. ~L (NORTH/SOUTH 1 6' ALLEY. BLOCK 2 LAKE VIEW , ,~_lCm S) PLANING & ZONING DEPARTMENT --- D/G/i'AL ,~,4.~' ,/v~F~ ~7'~)"gl~ --- MAP REF: LM242 I:ITY OF I:IELAI:IY BERI:H DELRAY BEACH ~ CITY CLERK j j~.,i~iii~caC~I~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 561/243-7000 IllllJlJlllllllllllllllll 1993 2001 CERTIFICATION I, ANGELA WONG, Deputy City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 69-98, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 3rd day of November, 1998. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 21st day of September, 2001. Angela Wong Deputy City Clerk City of Delray Beach, Florida (sEAL) THE-: EFFORT ALWAYS MATTERS Pr~r;,~ed on ,Recycled Paper TO: DAVID T. HARDEN THRU: DIANE DOMINGUEZ, DIRECTO J[ t~,~ . ,1~ ~ ,t") DEP~RTMENT OF I~_ANNING AN'~~~YAjl~t~ ~ FROM: PAUL DORLING, PRI~IPAL PLANNER SUBJECT: MEETING OF NOVEMBER 3, 1998: ALLEY ABANDONMENT FOR BLOCK 2 OF LAKE VIEW HEIGHTS SUBDIVISION. The request involves the north/south 16' alley within Block 2 of Lake View Heights subdivision. The alley is unpaved, however contains improvements including fences, a gravel driveway accessing a single family residence on lot 5 and a portion of an asphalt driveway for lot 13. The abandonment area is bordered by single family residences within the R-1AA zoning district. The property owner of lots 20-22, on the west side of the alley, has requested the abandonment in order to incorporate 8' of the 16' into his adjacent property. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of May 18, 1998 the Planning and Zoning Board considered the request at a public hearing. At the meeting two citizens spoke on the abandonment, the applicant in support, and Mark Evans in opposition. Mark Evans is the abutting property owner across the alley from the applicant, who occasionally utilizes the alley as secondary parking for his property. With the abandonment ¼ of the alley (8 feet) would go to each abutting property owner. It is important to note that the alley is not used to access a driveway or parking area; rather, a gravel drive has been placed within the right-of-way and is occasionally used as a parking space. When this occurs, the majority of the alley is blocked. After a lengthy discussion the Board recommended approval subject to the dedication of an ingress/egress easement over the portion of the alley (adjacent lots 5 & 22) which contains the gravel drive on a unanimous 6-0 vote. The applicant has not provided the ingress/egress easement and wishes to discuss this requirement with the City Commission. By motion, approve the abandonment as requested (without ingress/egress easement) based upon positive findings with respect to LDR Section 2.4.6 (0)(5). Attachments: · P&Z Staff Report and Documentation of July 20, 1998 · Ordinance by Others ..:.: :.:.. RESOLUTION NO. 69-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE NORTH/SOUTHALLEY RIGHT-OF-WAY WITHIN BLOCK 2, LAKE VIEW HEIGHTS, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR EXISTING PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of the sixteen foot (16') alley right-of-way lying within Block 2, Lake View Heights, as more particularly described herein; said Block 2, Lake View Heights being located between N.W. 7th and N.W. 9th Streets and between N.W. 1st and N.W. 2nd Avenues; and WHEREAS, the application for abandonment 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) (e) , the Planning and Zoning Board, as Local Planning Agency, formally reviewed this petition at a public hearing on May 18, 1998, and recommended 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 alley right-of-way for roadway purposes based upon positive findings pursuant to LDR Section 2.4.6(O) (5), but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof for the purpose of emergency access and constructing and/or maintaining, either over or under, 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. 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 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 emergency access and constructing and/or maintaining, either over or under, 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, more particularly described as follows: The entire alley dividing Block 2, in LAKE VIEW HEIGHTS, Unit #1, as recorded in Plat Book 4, Page 67, in the Public Records of Palm Beach County, Florida, being described as a sixteen foot wide alley bounded on the west by Lots 14 thru 22, inclusive, on the east by Lots 5 thru 13, inclusive, on the south by N.W. 7th Street, and on the north by N.W. 9th Street. Containing 0.165 acre, more or less. PASSED AND ADOPTED in regular session on this the 3rd day of November, 1998. MAYOR . ATTEST: City Clerk ~ - 2 - Res. No. 69-98 I WOOD LANE. KINGS LYNN r BOY SCOUT TRINITY N.E. 5TH ST. LU TH£RAN ~ - ABANDONMENT- =~ or,~LR^,,.~^O~, rL (NORTH/SOUTH 1 6' ALLEY, BLOCK 2. LAKE VIEW HEIGHTS) PLANNINC & ZONING D~'PARTM£NT PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: May 18, 1998 AGENDA ITEM: IV.B. ITEM: Abandonment of the North-South Alleyway Lying within Block 2, Lake View Heights, Located Between N.W. 7th Street and N.W. 9th Street and Between N.W. /st and N.W. 2nd Avenues. ~ N.W. ~2 AVE. __ Owner/Applicant ............................ Thomas and Brenda - Wotherspoon -- -- Location ........................................ Between N.W. 7th and N.W. ~ 9th Streets and between < ~ N.W. 1st and N.W. 2nd -- Avenues. ,.w. 9TH Property Size ................................. 0.165 Acre ----- -'~' [ ' r I Future Land Use Map .... ................ Low Density Residential 0-5 ' , .- " du/ac - 9~ o Current Zoning .............................. R-l-AA (Single Family - =~ Residential) --,~ Adjacent Zoning .................. North: R-l-AA -- N.w. 7T~ ST._ South: R-l-AA I . ~ , ~ West: R-l-AA i I ~ i ~ Existing Land Use ........................ 16 ft. North-South L.~ ~R. ~.w. eT~ S~. unimproved alley '~ Proposed Land Use. Abandonment of the north- : ~';' ' south alley to heighten security : .~ [ by reducing foot traffic in the ~ I i alleyway, and to improve the, , ,! i , .L ~ alley by clearing it of brush and ,,~cs _~.~, ~ I i i I non-native plants. I i i ~---=' Water Service .... N/A. i i ' Sewer Service ............................... N/A. II I ! II i ',N I TRINITY I L U TH£RA N N ! -A,EE iDA ROAD (~.w. 4TH " ~t .... CHURCH The item before the Board is that of making a recommendation to the City Commission for the proposed abandonment of a north/south alley located within Block 2, Lake View Heights Subdivision. The subject alley is located between N.W. 1st and N.W. 2nd Avenues, north of N.W. 7th Street. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. The 16' alley was dedicated with the recordation of the Lake View Heights Subdivision in April, 1926. The alley is unpaved, however improvements have been erected within the alley, including fences, a gravel driveway accessing a single family residence on Lot 5, and an asphalt driveway on Lot 13. The area proposed for abandonment is the north/south alley within Block 2. The abandonment is surrounded by single family residences within the R-l-AA (Single Family Residential) zoning district. The property owner of Lots 20-22, on the east side of the alley, has requested the abandonment in order to incorporate the area into adjacent properties for security reasons. The subject alley is 16' in width, approximately 7,221.6 sq. ft. (.17 acre), and represents an equal dedication from lots to the east and west. 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 alley will be divided between the property owners immediately to the east and west with 8' going to each. The owner of Lots 20-22 has provided the following reason for the abandonment request: "Primarily, to reduce foot traffic in the alleyway. By incorporating the alley as private property, it will discourage people from walking behind our homes and heighten security. At times, people have parked their cars there and tossed empty beer cans into our yard. Also, on one occasion, the police chased a burglar who used the alley to evade them. Finally, the alley is choked with Planning and Zoning Board Staff Report Lake View Heights Alley Abandonment Page 2 non-native plants, such as Brazilian pepper, and if it becomes private rather than public property, homeowners will be encouraged to take better care of it." Improvements in the Alley That portion of the alley between Lots 5 and 22 contains a gravel driveway utilized by the residence on Lot 5. After abandonment this driveway will encroach approximately 5' onto property owned by Lot 22 to the west. It should be noted that the residence on Lot 5 has another driveway with access onto N.W. 7th Street. In addition, a single family residence driveway on Lot 13 encroaches into the alleyway approximately 10'. Upon abandonment this driveway will encroach approximately 2' onto property that will be owned by the adjacent lot (Lot 14). The status of these improvements would thereafter be a private matter for the neighbors to resolve. Existing fences encroach into the alley, however based upon their locations, will not encroach outside new property lines after abandonment. Utility_ Services A 2" water main is located within the alley, and the Environmental Services Department has requested that a replacement easement be provided to cover this service. The Fire Department has reviewed the request, and has no objection. An existing overhead utility line running north to south within the alley contains BellSouth, Adelphia Cable, and Florida Power and Light services. 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 alley. In the event the alley is abandoned and the existing 2" water main requires repair or relocation, existing and new improvements within the new property areas (8' each property) may need to be removed. As these improvements will be in an easement area and any restoration will be the responsibility of the property owners. 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. Currently, a 2" water main, Adelphia, FPL, and BellSouth services are located within the alley, and as a condition of approval replacement easements will be required. A driveway accessing the single family home on Lot 5 is located within the alley. As each adjacent property will receive 8' of the alley the encroachment will need to be Planning and Zoning Board Staff Report Lake View Heights Alley Abandonment Page 3 resolved by the private property owners. The residence on Lot 5 has another driveway directly in front of the building providing access onto N.W. 7th Street. In addition, a driveway encroachment exists on Lot 13. However, the encroachment is in addition to a full size driveway on Lot 13. The right-of-way will not be utilized for any public purpose other than that which is accommodated through dedication of replacement utility easements. B) That the abandonment does not, nor will not, prevent access to a lot of record. The subject right-of-way, located between N.W. 1st and N.W. 2nd Avenues, is unimproved. All lots will continue to have frontage on and access to either N.W. 1st Avenue, N.W. 2nd Avenue, N.W. 7th Street, or N.W. 9th Street. As previously stated, a private driveway within the abandonment area will be impacted, however alternative access exists to the house. 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. A north/south utility line within the abandonment area will be accommodated in an easement. While access to Lot 5 will be negatively impacted, alternative access exists to the lot. No detriment will result in provision of services. As the subject right-of-way is unimproved and there are no plans for its improvement, its intended use is limited. The applicant is requesting the abandonment in order to incorporate the area into adjacent private properties for security reasons. It is noted that improvements (fences and driveways) have been built within the public right-of- way. The location of existing fences should not impact new property areas. The gravel driveway encroachments between Lots 5 and 22, and the encroaching driveway on Lot 13 will need to be resolved by the private parties. 1. Continue with direction. 2. Recommend approval of the abandonment based upon positive findings with respect to LDR Section 2.4.6(0)(5), pursuant to conditions. 3. Recommend denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5). Planning and Zoning Board Staff Report Lake View Heights Alley Abandonment Page 4 By motion, recommend approval of the abandonment of the north/south alley within Block 2, Lake View Heights Subdivision based upon positive findings with respect to LDR Section 2.4.6(0)(5), with the condition that a replacement easement over the entire alley be retained as a utility easement for the existing 2" water main and north/south utility lines. Attachments: Q Location Map and Survey filename:u:\grahamc\pzrep~lviewab.doc October 6, 1998 To: Planning and Zoning/Delray Beach From: Tom Wotherspoon, 701 NW 2nd Ave., Delray Beach Attached are several items that Planning and Zoning requested after the department's May 18, 1998 meeting, in regard to the Abandonment o£ the Alleyway within Lakeview Heights, Block 2, which I initiated as the owner of Lots 20-22: · A notarized General Utility Easement for the entire alley. · A legal description and legal sketch showing the alley and all utilities. I didn't, however, include an ingress/egress easement for Lots 5 and 22, as requested. If possible, I would prefer to wait until the alley abandonment issue goes before the City Commission before doing so. There are several reasons why I'd like to move forward without the requested easement: · I have asked Brian Shutt at the City Attorney's Office to help draft the ingress/egress easement, and he called me yesterday to say that he still needs more time to fine-tune the verbiage, etc. As you probably know, the city doesn't have a standard ingress/egress form. · During the May 18, 1998, meeting, when Planning and Zoning recommended abandoning the alley as long as an ingress/egress easement was provided for Lots 5 & 22, there didn't seem to be an overwhelming consensus that it was the right decision. I believe the matter warrants more discussion, especially in light of the following: 1.) Mark and Barbara Evans (the owners of Lot 5) provided P&Z with color copies of the alley adjacent to their property that made it appear that abandoning the alley would deny them vehicular access to their property. (I have enclosed that color copy). What they failed to show P&Z were pictures of the front of their home (I have enclosed some), which has a paver driveway that accommodates 2, if not 3 cars. The Evans' only car is always parked there. It wouldn't make sense for them or anyone else to park in the side alley because it's the farthest point on their property from the front door. In addition, there is room for yet another car to park on a different set of pavers in front of their house, parallel to the street. Abandoning the alley without an ingress/egress easement wouldn't prevent vehicular or pedestrian access to the house at all. 2.) Both P&Z and the City Commission recently approved an abandonment of NW 3rd Court, lying between NW 5th Avenue and NW 6th Avenue that is quite similar to our alley situation. In that case, the right-of-way was generally unimproved, although a paved driveway accessing a single-family residence on Lot 7 existed. Because the owner of Lot 7 still had an alternate, more direct way in and out of his property (as the Evanses have into their home), NW 3rd Court was abandoned and the right-of-way was divided at the center line and returned equally to the abutting parcels. It was agreed that the status of the abandoned driveway "would be a private matter for these two neighbors to resolve." I believe a similar ruling applies to our alley. In addition, there are other alleys in our neighborhood that are in the process of being abandoned (such as the alley between NW 3rd Avenue and NW 4th Avenue), but are awaiting a decision on our case. There should be a definitive ruling that applies to all the alleys based strictly on facts and not the emotions of individual home owneFs. To expedite the abandonment of our alleyway (Lakeview Heights, Block 2), I ask that P&Z schedule our abandonment request for the City Commission without first receiving an ingress/egress easement. If you have questions, please call me at 274-0626. Sincerely, *Mark B. Evans - 105 NW 7th/st, -Driveway begins 12"(1.0 Ft.from .our lot line. (See attached survey) ,Paved by home's original owner. -Maintained by us since 1990 -Previously maintained by all former owners. -House built in 1946. -Effect on home value without garage, carport or tent. · Our setback with only half of drive: · 9f~ 2 inches. IN THE CIRCUIT COURT OF THE 15TM JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA MARK EVANS and BARBARA EVANS, Civil Case no. Plaintiffs, . VS. THOMAS Y. WOTHERSPOON and BRENDA WOTHER~POON, Defendants. / SUMMONS TO: THOMAS Y. WOTHERSPOON 701 NW 2~ Ave., Delray Beach, Fl. 33444 IMPORTANT A lawsuit has been flied against you. You have 20 calendar days lifter this s~ is served on you to file a written response to the attached complaint in this Court. A phone call will not protect you; your written response, including the above case number and named parties, must be filed in you want the Court hear your case. If you do not fileyour response on time, you may lose the case, and your wages, money, and properly may thereafter be taken without further warning from the Court. There are other legal requirements. You may want to call an attorney right away. lfyou do no! know an attorney, you may call an attorney referral service or a legal aid office listed in the phone book. If you choose to file a written response yourself, aa the same time you file your written response to the Court you must also mail or take a copy of your written response to: DOAK S. CAMPBELL, 70 SE 4m Ave. Delray Beach, Fl 33483 Tel. no. 56l 278 1890 THE STATE OF FLORIDA TO EACH SHERIFF OF THE STATE: You are commanded to serve this Sumn~ns and a copy of the complaint in this lawsuit on the above-named Defendant. CLERK OF THE CIR(~U1T _C~,URT Dep~7 Clerk (SEAL) -- . ~ :, ~, / t! ID. MO. DEPUFTY SHERIFF L ~ IMPORTANTE Usted ha sido dexnandado iegalmaate. Tiaae velnte (20) dias, contados a partir del recibo de esta notificacion, para contestar la demanda adjunta, por escrito, y presentarla ante este tribunal. Una llamada telefonica no le protegera; si usted desea que el tribunal considere su defaasa, debe presentar su repuesta pot escrito. Incluyaado el numero del caso y los nombres do las partes interesadas en dicho caso. Si usted no contesta la demanda a tiemp, pudiese perder el caso y podria se. despojado de sus ingresos y propiedades, o privado de sus derechos, sin previo aviso del tribunal. Existen otros rquisitos legales. Si lo desea, puede usted consultar a un abogado inmediatemaate. Si lo desea, puede usted llamara a una de las oficinas de asistaacia legal que aparecaa aa la guia telefonica.. Si desea responder a la demanda por cuenta, al mismo tiempo qn que presenta su respuesta ante el tribuanl, debera usted aaviar usted enviar por correo o entregar una copia de su respuesta a la persona denominada abajo como: DOAK S. CAMPBELL, ITl 70 SE 4' Ave. Delray Beach, Fl 33483 Tel. no. 561 278 1890 IMPORTANT Des poursuites judiciaries ont ete mtreptises contre vous. Vous avez 20 jours comecutils a partir de la date de l'assignation de cette citation pour deposer une response ecrite a la plante ci-jointe aupres de ce Tribunal. Un simple coup de telephone est unsuffisant pour vous protege.; vous etes oblige de deposer vorre response ecrite, avec mention du numero de dossier ci-dessus et du nom des parties nommees ici, si vous souhaitez que le Tribunal entaade votre came. Si vous ne depose, z pas votre response ecrite dans le relai requis, vous risquez de perdre la cause ainsi que votre salaire, votre argent, et vos biens peuvaat etre saisis par la suite, sanis aucun pre, avis uherieur du Tribunal. Il y ad'autres obligations jurdiques et vous pouvez requerir les services immediats d'un avocar Si vous ne connaissez pas d' avocat, vous pourriez telephoner a un service de reference de'avocats ou a un bureau de'assistance jtmdique ( figurant a lll'annuaire telephones). Si vous choisissez de depose' vou-meme une response ecrite, il vous faudra egalemaat, aa rneme temps que certe formalite, fare parvaair ou expedier une copie au caarbone ou une photocopie de votre response acfite au: DOAK S. CAMPBELL, llI 70 SE 4* Ave. Delray Beach, FI 33493 Tel.no. 561 278 ] 890 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA MARK EVANS and BARBARA EVANS, ,. Civil Case No. Plaintiffs, VS. ORIOih~n3...'-,ECEIVED FOR FIIANG THOMAS Y. WOTHERSPOON and BRENDA WOTHERSPOON, Defendants. L.ERK OF cIBCU~T COU~T CClRCUi'I' CiViL DgJ!SION COMPLAINT COME NOW the Plaintiffs, by and through their undersigned attorney, and file this action against the Defendants and allege: 1. This is an action for interference with a prescriptive easement on property located in Palm Beach County, Florida, said easement more particularly described as: Part of a 16' wide alley separating lots 5 and 22 of Block 2, Lake View Heights per Plat thereof Recorded in plat book 4 at page 67, public records of Palm Beach County, Florida. 2. Plaintiffs are residents of Palm Beach County, Florida whose address is 105 NW Ts Street, Delray Beach, Florida 33444. 3. Defendants are residents of Palm Beach County, Florida whose address is 701 NW 2~ Ave., 'Delray Beach, Florida 33444. 4. Plaintiffs are owners of the following described property which is adjacent to the subject property: Lot 5, Block 2 of Lake View Heights per the plat thereof recorded in Plat Book 4 at page 67, public records of Palm Beach County, Florida. and together with their predecessors in title they have been the users of the prescriptive easement to the exclusion of all others for over twenty years. 5. Defendants are owners of the following property which is adjacent to the subject property: Lots 21 and 22, Block 5 of Lake View Heights per the plat thereof recorded in Plat Book 4 at page 67, public records of Palm Beach County, Florida. and by reason of abandonment action of the City of Delray Beach they currently claim the West half of said easement as fee simple title holders. 6. The Plaintiffs and their predecessors in title have been open, visible, notorious, exclusive and continuous users of the subject property as a driveway and parking area for over twenty years. This use has been adverse to the property claimants and their predecessors in title, and this use has not been by consent or permission of the dominant estate owners. 7. In November of this year the Defendants did erect a fence in the middle of the subject property, obstructing the Plaintiffs' use thereof. 8. As a result of Defendants' obstruction, Plaintiffs have suffered damages in the loss of the easement use and the diminution of the value of their property as a result thereof. WHEREFORE, Plaintiffs seek relief in the form of a mandatory injunction to compel Defendants to remove the encroaching obstruction and in lieu thereof judgment for damages as a result of loss of the easement. DOAK S. CAM~~ 70 SE 4a' Ave., Delray Beach, Fl 33483 Tel. no. 561 278 1890 Fla. Bar no. 140634 7.