Res 70-98 RESOLUTION NO. 70-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT
PART OF THE RIGHT-OF-WAY FOR QUEENS AVENI/EAS SHOWN
ON THE PLAT OF SANDS O'SEA, RECORDED IN PLAT BOOK
21 AT PAGE 27 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, REMAINING AFTER THE PARTIAL
ABANDONMENT IN CITY OF DELRAY BEACH RESOLUTION NO.
42-93, RECORDED IN OFFICIAL RECORDS BOOK 8173 AT
PAGE 659, 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 part of the
right-of-way for Queens Avenue as shown on the Plat of Sands O'Sea,
recorded in Plat Book 21 at Page 27 of the Public Records of Palm
Beach County, Florida, remaining after the partial abandonment in
City of Delray Beach Resolution No. 42-93, recorded in Official
Records Book 8173 at Page 659, Public Records of Palm Beach County,
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(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) (d), the
Planning and Zoning Board, as Local Planning Agency, formally reviewed
this matter at a public hearing on July 20, 1998, and voted
unanimously to recommend approval of the abandonment, based upon
positive findings pursuant to LDR Section 2.4.6(O) (5), and subject to
the condition that replacement easements be provided for public
utilities; 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 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:
See Exhibit "A" attached hereto and made a part
hereof
Section 2. That this abandonment of right-of-way described
in Section 1 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,
and recorded in the Public Records of Palm Beach County, Florida.
PASSED AND ADOPTED in regular session on this the 5th day
of January, 1999.
JCity Clerk ;
- 2 - Res. No. 70-98
Exhibit "A" t° Resolution No. 70-98
po~'r'lo/,J oF F..o-r' ~ 5AN~ O'~£A /
~, ' ~ ......
NOTES:
1. - ..... INDICATES ORIGINAL QUEENS AVENUE RIGHT-0F-WAY LINE
2. INDICATES PROPOSED EASEMENT LINE
3. INDICATES PROPOSED EASEMENT CENTERLINE
SKETCH OF PROPOSED QUEENS AVENUE RIGHTjOF-WAY ABANDONMENT
LEGAL DESCRIPTION ATTACHED
NOTE: THE BEARINGS SHOWN HEREON ARE REFERENCED TO THE RECORDED CITY RESOLUTION
NO. 42-93 (O.R.B. 8173, PAGE 659) WITH THE NORTH R/W BEARING N 89°50'52'' E.
PREPARED BY: BURLISON A. GENTRY
REGISTERED FLORIDA SURVEYORAND MAPPER NO. 2580
REVISION NOTE: ROTATED BEARINGS FROM RIGHT-OF-WAY
DEED BEARINGS FOR WALLACE DRIVE TO BEARINGS
IN CITY RESOLUTION 42-93.
GENTRY ENGINEERING &
LAND SURVEYING, INC.
P.O. BOX 243
DELRAY BEACH, FLORIDA 33444
(561) 272-1924
Exhibit "A" to Resolution No. 70-98 Page 1 of 2
Exhibit "A" to Resolution No. 70-98
RIGHT-OF-WAY DESCRIPTION FOR PROPOSED ABANDONMENT OF
REMAINING PORTION OF QUEENS ~VENUE, DELRAY BEACH, FL.
That part of the right-of-way for Queens Avenue as shown on
the Plat of Sands O'Sea, a subdivision as recorded in Plat
Book 21, Page 27, in the public records of Palm Beach
County, Florida] remaining after the partial abandonment in
the City of Delray Beach Resolution No. 42-93, recorded in
Official Record Book (O.R.B.) 8173, Page 659, in the public
records of Palm Beach County, Florida, less that portion of
said Queens Avenue lying west of the extension of the
easterly right-of-way line of Wallace Drive, as described in
O.R.B. 5194, pages 1468, 1469 and 1470 (Right-Of-Way
Warranty Deed), more particularly described as follows;
Commencing at the Southwest corner of Lot 1, of said Plat of
Sands O'Sea: thence run N 89 50'52" E along the south line
of said Lot 1, a distance of 15.62 feet to the point of
beginning of the herein described right-of-way abandonment:
thence continue along the last described course a distance
of 70.23 feet to the point of the previous abandonment and
the current end of said Queens Avenue; thence run S 0 09'
08" E along said previous abandonment, a distance of 50.00
feet to the southerly right-of-way line of said Queens
Avenue and the point of the previous abandonment; thence run
S 89 50'52" W along said southerly right-of-way line of
Queens Avenue, a distance of 85.22 feet to a point on a
curve; thence run northerly along the arc of a curve to the
right, a distance of 52.21 feet to the point of beginning,
said curve having a central angle of 4 07'55", a radius of
724.00 feet, a chord of 52.00 feet and a chord bearing of
N 16 32'27" E.
This Description Prepared By:/
.~egister-ed Florida Surveyor and Mapper No. 2580
-"Date: Dece~er 11, 1998 .
Exhibit "A' to Resolution No. 70-98 Page 2 of 2
1ST ADD. 2ND ADD. S.W. 11TH ST,
PARK TEN ~
2ND ADD.
LIN TON THE
CENTRE GROVES
GEORGIA
MILFRED STREET/
OUEENS AVENUE SOUTHRIDGE
WALLACE~ WALLACE SOU THRIDGE
VILLAGE
FQRD DODGE ~ CONDQ
WALLACE ~
NISSAN
L I N T 0 N B 0 U L E V A R D LiNTON
IN TERNA TIQNAL
PLAZA
CIRCUIT R 055
CITY
LAKEVIEW
APAR TMEN TS
TARGET
BUILDERS
SQUARE
N - ABANDONMENT - ]
c,~ or ~:L,A""E^C,. r. QUEENS AVENUE
PLANNING & ZONIN{; DEPARTMENT
-- O/G/Fa, Z. ~,~ ~ $~'EM -- MAP REF: LM247
MEMORANDUM
TO: Celeste McDonough, Administrative Assistant
FROM: Alison Harty, City Clerk~
SUBJECT: Resolution No. 70-98 Abandoninq a Portion of Queens
Avenue & Associated Easement Deed
DATE: January 11, 1999
Attached is a certified copy of Res. #70-98 which abandons the
remaining portion of Queens Avenue right-of-way. It was approved
by Commission on January 5, 1999, subject to receipt of a
replacement easement.
The easement deed conveying the replacement easement is also
attached (consisting of 5 pages).
Please send these documents for recording. When they come back
from the County, please return the original to me with a copy to
the Planning Department for their file.
Thanks.
AMH/m
Attachments
Prepared by: RETURN:
David N. Tolees, Esq.
City Attorne~,'s Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this ~, day of ,~.t~x~L~, 1998, by and between
."'-~t£4 ~.t¥i~-,a~t~_ , with a mailing address of !~4~'/ 9_~Mo~ -Dr.
party of the fittst part, and the CITY OF DELRAY BEACH, with a mailing addre~'s of lb0
N.W. 1 st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County,
State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the sum of
Ten ($I0.00) 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 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:
See Exhibit "A"
~4~1.~ ~n, b,~
A ,,,.' b r x ,d ~ & ~ 'r' " d, "
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 a,~d 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.
~ESS ~2:
(~e printed or
STATE OF FLO~DA
The foregoing inst~ment was a~owledg~d befor~ m~ ~is ~ day of
~* ~ , 1998 by ~r~ ~r4 ~9{~ (~e of omcer or agent, title of
omcer agent) oe ~ame
or_ of co~oration ac~owledging), a
(state or place of inco~oration) co~oration, on behalf of the
co~oration. He/She is personally ~own to me or has produced
(type of identification) as identification and ~ (did not) take an ~.
Signature of Nomu ~blic - State
OFFICmL N~Y SEAL ~ of Florida
~RK w ~N
N~Y ~BLIC STA~ OF
COMMISSION NO. cc~aa7
MY COMMISSION EXP. ~', Z~,!~ [
EASM~T.DED
EXHIBIT "A"
LEGAL DESCRIPTION FOR A EASEMENT WITHIN THE
RIGHT-OF-WAY OF QUEENS AVENUE BEING ABANDONED
FROM WALLACE DRIVE ( OLD GERMANTOWN ROAD ) TO
THE CURRENT END OF SAID QUEENS AVENUE AS
DESCRIBED IN CITY OF DELRAY BEACH RESOLUTION 42-93.
The city of Delray Beach reserves a 12' easement which runs
through the existing right-of-way of Queens Avenue, as
shown on the plat of Sands O'Sea, a subdivision as recorded
in Plat Book 21, Page 27, in the public records of Palm
Beach County, Florida and running west from the previously
vacated right-of-way of said Queens Avenue as described
in the city of Delray Beach Resolution 42-93 and recorded
in O.R.B. 8172, Page 659 and 660, in the public records of
Palm Beach County, Florida, said easement shall align with
the existing easement as shown on the plat of Wallace Dodge
Replat, a subdivision as recorded in Plat Book 74, Page 9
and 10, in the public records of Palm Beach County, Florida,
said easement being more particularly described as follows:
The centerline of the new 12 foot easement shall run
parallel with and 10 feet south of the platted north
right-of-way line of said Queens Avenue, between the
previously vacated right-of-way of said Queens Avenue
and the easterly right-of-way line of Wallace Drive ( Old
Germantown Road ).
Prepared by: Burlison A. Gentry
Registered Florida Surveyor and Mapper No.2580
EXHIBIT
LEGAL DESCRIPTION FOR A EASEMENT WITHIN THE
RIGHT-OF-WAY OF QUEENS AVENUE BEING ABANDONED
FROM WALLACE DRIVE ( OLD GERMANTOWN ROAD ) TO
THE CURRENT END OF OF SAID QUEENS AVENUE AS
DESCRIBED IN CITY OF DELRAY BEACH RESOLUTION 42-93.
The city of Delray Beach reserves a 12' easement through the
existing right-of-way of Queens Avenue, as shown on the plat
of Sands O'Sea, a subdivision as recorded in Plat Book 21,
Page 27, in the public records of Palm beach County,
Florida, said easement more particularly described as
follows:
Commencing at the northwest corner of the plat of Bill
Wallace Nissan, a subdivision as recorded in Plat Book 56,
Page 91, in the public records of Palm Beach County,
Florida; thence run N 89 50'52"E along the southerly
right-of-way line of said Queens Avenue a distance of 17.95'
to the point of beginning of the centerline of the herein
described easement; thence run N 59 24'03"W along said
centerline to the easterly right-of-way line of Wallace
Drive ( Germantown Road ) and the end of said easement.
Prepared by: Burlison A. Gentry
Registered Florida Surveyor and Mapper No. 2580
EXHIBIT "C"
LEGAL DESCRIPTION FOR A FLORIDA POWER AND LIGHT
EASEMENT FOR EXISTING SERVICE, WITHIN THE RIGHT-
OF-WAY OF QUEENS AVENUE BEING ABANDONED FROM
WALLACE DRIVE ( OLD GERMANTOWN ROAD ) TO THE
CURRENT END OF SAID QUEENS AVENUE AS DESCRIBED
IN CITY OF DELRAY BEACH RESOLUTION 42-93.
The City of Delray Beach reserves a 10' easement through the
existing right-of-way of Queens Avenue, as shown on the Plat
of Sands O'Sea, a subdivision as recorded in Plat Book 21.
Page 27, in the public records of Palm Beach County,
Florida, said easement more particularly described as
follows:
Commencing at the northwest corner of the Plat of
Wallace Nissan, a subdivision as recorded in Plat Book 56,
Page 91, in the public records of Palm Beach County,
Florida: thence run N 89 50'52" E along the southerly
right-of-way line of said Queens Avenue, a distance of
17.37 feet to the point of beginning of the centerline
of the herein described easement: thence run N 23 13'20" E
along said centerline a distance of 54.47 feet to the end
of said centerline and a point on the northerly right-of-way
of said Queens Avenue, as Platted.
Prepared by: Burl/son A. Gentry
Registered Florida Surveyor and Mapper No. 2580
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR OF PLA~INING AND ZONI~'~
SUBJECT: MEETING OF JANUARYS, 1999 CONSENT AGENDA*
ABANDONMENT OF QUEENS AVENUE LYING ON THE EAST SIDE OF
WALLACE DRIVE, NORTH OF LINTON BOULEVARD AND
ACCEPTANCE OF REPLACEMENT EASEMENTS
The request involves abandoning the remaining portion of Queens Avenue lying on the east side
of Wallace Drive, north of Linton Boulevard and the dedication of replacement easements to
cover existing utilities.
The right-of-way is unpaved, however contains water and sewer mains as well as utility services
for Florida Power and Light. The abandonment area abuts asingle family residence to the north
and auto dealerships (Wallace Ford, Wallace Nissan and Wallace Dodge) and their attendant
parking areas to the east, south and west. The right-of-way is currently used by the applicant
(owner of the single family residence) to access the rear of the property. The applicant intends to
construct a driveway/parking area within the vacated area which will be accessed via Wallace
Drive. Wallace Nissan Dealership to the south also uses the road to park automobiles and
access the adjacent dealership parking area. It is noted that this access point is not approved
as part of the dealership's plan and that several approved access driveways exist throughout the
dealership site.
At its meeting of July 20, 1998, the Planning and Zoning Board considered the request at a
public hearing. At the meeting four citizens spoke on the abandonment, the applicant in support
and Michael Weiner, John Weber and Dan Wilde representing Wallace Dodge, requested that
the Board postponed the item as the application (survey) was incomplete. On a unanimous vote
(7 to 0), the Board recommended approval, subject to the provision of a revised survey showing
all existing utilities and the dedication of replacement easements to cover the existing utilities.
The applicant has revised the survey and has addressed all technical comments.
By motion, approve the abandonment of Queens Avenue and acceptreplacement easements to
cover the existing utilities based upon positive findings with respect to LDR Section 2.4.6(O)(5).
Attachment: Resolution No. 70-98Revised Survey ~L~~
P&Z Staff Report of July 20, 1998 i/,..,,~/c~C/ ~' t~..
PLANNING AND 'ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: July 20, 1998
AGENDA ITEM: V.F.
ITEM: Abandonment of Queens Avenue, Located on the East Side of
Wallace Drive, North of Linton Boulevard.
"~ VILLA GE SOU THRIDGE
FORD ~ DODGE ~ CONDO
/j ~' WALLACE [ ~ CONDO
NISSAN u~ N
LIN TON BOULEVARD
"'/' ?
GENERAL DATA:
Owner/Applicant ................... Dora Castillo Rodriguez
Location ............................... East side of Wallace Drive, north of Linton Boulevard
Property Size ........................ 0.098 Acre
Existing Future Land Use
Map Designation .................. General Commercial
Current Zoning ..................... AC (Automotive Commercial)
Adjacent Zonings ........ North: AC
East: AC
.- South: AC
West: AC
Existing Land Use ................ Unimproved right-of-way
Proposed Land Use ............. Abandonment of the 50' unimproved right-of-way to construct a
driveway/parking area on the south side of existing single family
residence to park vehicles.
Water Service... .................... n/a
Sewer Service ...................... n/a
V.F.
The item before the Board is that of making a recommendation to the City
Commission on a proposed abandonment of the remaining portion of the Queens
Avenue right-of-way. The subject right-of-way is located on the east side of Wallace
Drive and north of Linton Boulevard.
This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0),
Abandonment of Rights-of-Way.
Queens Avenue was dedicated with the recordation of the Sands O' Sea Subdivision
in 1946.
On October 24, 1989 the City Commission considered a site plan for Wallace Dodge
dealership which included the abandonment of 744' of Queens Avenue. At its
meeting of October 16, 1989 the Planning and Zoning Board recommended approval
of the abandonment subject to a replat of the Wallace holdings. A plat was not
submitted to the City Commission therefore the abandonment was never
consummated.
In 1992 a site plan was submitted for the expansion of the Wallace Dealership. At its
meeting of January 27, 1993 the Site Plan Review and Appearance Board approved
the site plan subject to the approval of the abandonment of Queens Avenue and
processing of a plat. At its meeting of May 11, 1993 the City Commission approved
the plat for Wallace Dodge and the abandonment of a portion of Queens Avenue (50'
x 744') through the adoption of Resolution 42-93. The remaining 85.85' of Queens
Avenue was not abandoned at that time as the consent of the adjacent property
owner (current applicant) could not be obtained.
The abandonment of the remaining portion of Queens Avenue is now before the
Board.
The area proposed for abandonment is a 50' x 85.85' portion of Queens Avenue,
which contains a shellrock dirt road. The property owner to the north has requested
the abandonment to construct a driveway/parking area on the side of her single family
home to park her vehicle. The right-of-way is currently used by the applicant to
access the rear of her property. Wallace Nissan Dealership to the south also uses the
road to park automobiles and access the adjacent dealership parking area. It is noted
that this access point is not approved as p.art of the dealership's plan and that several
approved access driveways exist throughout the dealership site.
Planning and Zoning Board Staff Report
Queens Avenue Abandonment
Page 2
A chain link fence surrounding the single family home encroaches into the right-of-
way approximately 1'. In the event the right-of-way is abandoned this fence would
then be located on the applicant's property.
The subject right-of-way is a shellrock dirt road with an area of 4,292.5 sq. ft. (50' x
85.85'), 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 owner immediately
to the north and Wallace Nissan Dealership to the south, with 25' going to each.
The abandonment area abuts a single family residence to the north on property zoned
AC (Automotive Commercial); and auto dealerships (Wallace Ford, Wallace Nissan,
and Wallace Dodge) and their attendant parking areas to the east, south and west on
properties zoned AC (Automotive Commercial).
Environmental Services and Fire Departments
The City's Fire Department has reviewed the request and has no obi~ction to the
abandonment. The Environmental Services Department has indicaLed that it has no
objection to the right-of-way abandonment subject to the provision of 12' replacement
easements (including sketch and description) over existing water and sewer utilities.
The survey does not show these utilities and must be revised to reflect these existing
services. Provision of replacement easements, attendant sketch and descriptions,
and a revised survey locating water and sewer services are attached as conditions of
approval.
Utility Companies
The Florida Public Utilities Company and Adelphia Cable have reviewed the request
and have no objection as there are no underground gas lines or cable services within
this right-of-way. The survey the applicant submitted does not show overhead power
lines traversing the subject right-of-way which provide services to the single family
residence. These power lines are connected to an existing east/west transmission
power line that may be within the right-of-way. This east/west power line does not
appear in the submitted survey, but was identified as being within this right-of-way on
a previous survey of Queen~ Avenue. Florida Power and Light has indicated it has
services on this east/west line, and if this power line is located within the subject right-
of-way a replacement easement covering FP&L and any other utility services must be
provided. BellSouth has not responded to the abandonment application, but in the
event phone service exists within this right-of-way a replacement easement will be
Planning and Zoning Board Staff Report
Queens Avenue Abandonment
Page 3
provided. As previously noted, provision of a revised survey showing all existing utility
services within this right-of-way, and verifying the location of the east/west
transmission power line are attached as conditions of approval.
Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of"way abandonment being
approved, the following findings must be made:
A) That there is not, nor will there be a need for the use of the right-of-way
for any public purpose.
The remaining section of Queens Avenue is unimproved and not used for public
access, nor are there plans for its improvement. The majority of Queens Avenue
right-of"way was abandoned in 1993 to accommodate the expansion of the Wallace
Auto Dealership immediately to the east and south. Replacement easements will be
required to cover existing water and sewer utilities and overhead power lines.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
The abandonment of this right-of-way will not prevent access to a lot of record as the
right-of"way abuts a single family home having access to Wallace Drive, and Wallace
Dealerships having access from Linton Boulevard, Wallace Drive, and S.W. 10th
Avenue. The abandonment will enhance access to the single family home by
providing vehicular access to the rear of the property via the north 25' of the
abandonment area.
C) That the abandonment will not result in detriment to the provision of
access and/or of utility services to adjacent properties or the general
area.
The abandonment of Queens Avenue will not result in the detriment to the provision of
utility services to adjacent properties as replacement easements will be required to
cover any existing services within the right-of"way.
!
As the subject right-of-way is unimproved (without a roadway), short in length (85.85')
and there are no plans for its improvement, its intended use is limited. A single family
home is located to the north of the abandonment area and the homeowner is
requesting the abandonment to accommodate the construction of a driveway/parking
area that will allow cars to enter onto 'Wallace Drive more safely. Replacement
Planning and Zoning Board Staff Report
Queens Avenue Abandonment
Page 4
easements with attendant sketches and a revised survey showing all existing utilities
within Queens Avenue must be provided.
1
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 the following conditions:
a) Provide revised survey showing all existing utilities within the subject right-of-
way, including the east/west transmission power line.
b) Provide 12' replacement easements with attendant sketches for existing water
and sewer utilities and any other existing services within the abandonment
area.
3. Recommend denial of the abandonment based upon a failure to make positive
findings with respect to LDR Section 2.4.6(0)(5).
::::::::::::::::::::::::::::::::::::::::::: !:!:!:i i:!!!!!:!i!!!~!!!iii!~iiiiiiiiiiii i-:+:-: i i::.:.:.: i i::::-::::! i !::.:.::! i !.:.:+:.: i :.:.:-:-:.: i i+:-:-: i :.:.:-:.: i i.:-:.::: i i::.:.:.::i i::.:.::::i ! i i ! i i ! ! i !.:.:.:.:.! ! !::.:-::! ! !
By motion, recommend approval of the abandonment of the remaining portion of
Queens Avenue, with the following conditions:
1. Provide revised survey showing all existing utilities within the subject right-of-way,
including the east/west transmission power line.
2. Provide 12' replacement easements with attendant sketches for existing water and
sewer utilities and any other existing services within the abandonment area.
Attachments:
Location Map
Survey
Letter of Objection
filenarne:u:\grahamc\pzrep\queensab.doc