Res 41-97 I .11111 IIIIII I III J IBI III
RESOLUTION NO. 41-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING ~ ABANDONING A
PORTION OF THE RIGHT-OF-WAY FOR MIAMI BOULEVARD AS
DEDICATED ON THE PLAT OF SILVER TERRACE, RECORDED
IN PLAT BOOK 11 AT PAGE 61 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 the City of Delray Beach, Florida initiated an , ,
application for abandonment of a portion of the right-of-way for
Miami Boulevard as dedicated on the Plat of Silver Terrace, being
located immediately south of S.E. 10th Street, as more particularly
described herein; and
WHEREAS, the application for abandonment of a portion of
said right-of-way was processed pursuant to Section 2.4.6(0),
"Abandonment of Rights-of-Way", of the Land Development Regulations
of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(O) (3) (d), the
Planning and Zoning Board, as Local Planning Agency, formally reviewed
this matter on April 28, 1997, 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 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 existing
public utilities:
A portion of Miami Boulevard road right-of-way as
shown on the Plat of Silver Terrace, according to
the Plat thereof recorded in Plat Book 11 at Page
61 of the Public Records of Palm Beach County,
Florida, being more particularly described as
follows:
Begin at the Southwest corner of Lot 24, Block 6,
Silver Terrace, according to the Plat thereof
recorded in Plat Book 11 at Page 61 of the Public
Records of Palm Beach County, Florida, and run on
an assumed bearing of North 00 degrees 30'19" East
along the West line of said Lot 24, Block 6, for a
distance of 79.51 feet to a point of curvature;
thence Northerly, Northeasterly and Easterly along
a circular curve to the right and concave to the
Southeast having a radius of 35.00 feet and a
central angle of 89 degrees 29'30" for an arc
distance of 54.67 feet to a point of cusp; thence
North 90 degrees 00'00" West along the Westerly
extension of the North line of said Lot 24, Block
6, for a distance of 44.69 feet; thence South 00
degrees 30'19" West along a line parallel with and
10.00 feet West of as measured at right angles to
the West line of said Lot 24, Block 6, for a
distance of 114.27 feet; thence North 89 degrees
37'02" East along the Westerly extension of the
South line of said Lot 24, Block 6, for a distance
of 10.00 feet to the Point of Beginning.
Containing 1,400 square feet, more or less.
Begin at the Southeast corner of Lot 9, Block 5,
Silver Terrace, according to the Plat thereof
recorded in Plat Book 11 at Page 61 of the Public
Records of Palm Beach County, Florida, and run on
an assumed bearing of North 00 degrees 30'19" East
along the East line of said Lot 9 and the East line
of Lot 10, Block 5, for a distance of 83.94 feet to
a point of curvature; thence Northerly,
Northwesterly and Westerly along a circular curve
to the left and concave to the Southwest having a
radius of 35.00 feet and a central angle of 90
degrees 30'30" for an arc distance of 55.29 feet to
a point of cusp; thence North 90 degrees 00'00"
- 2 - Res. No. 41-97
East along the Easterly extension of the North line
of said Lot 10, Block 5, for a distance of 45.31
feet; thence South 00 degrees 30'19" West along a
line parallel with and 10.00 feet East of as
measured at right angles to the East line of said
Lots 10 and 9, Block 5, for a distance of 119.22
feet; thence South 89 degrees 47'49" West along the
Easterly extension of the South line of said Lot 9,
Block 5, for a distance of 10.00 feet to the Point
of Beginning.
Containing 1,460 square feet, more or less.
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 of Delray Beach, Florida.
PASSED AND ~OPTED in regular session on this the 20th day
of May, 1997.
ATTEST:
City Cl~k
- 3 - Res. No. 41-97
:':-:-:-'.: .~z~' .: A PORTION OF MIAMI BOULEVARD
.:. ' ...... ' ..... DEsC rriON 981 2 PS
· A PORTION OF MIAMI BOULEVARD ROAD
THEREOF RECORDED IN PLAT BOOK [ I AT PAGE 61 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
: 'i: } ~::' BEGIN AT THE SOUTHWEST COI~NER OF LOT 24, BLOCK O, SILVER TERRACE. ACCORDING TO THE PLAT THEREOF
.. i _-i.'u*'n::: : · RECORDED IN PLAT BOOK i I AT PAGE 61 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. AND RUN ON
· AN ASSUMED BEARING OF N00o30' I~'E ALONG THE WEST LINE OF SAID LOT 24, BLOCK 6 FOR A DISTANCE OF 7~.51 FEET
::~: . TO A POINT OF CURVATURE; THENCE NOKTHEP~y NORTHEASTERLY AND EASTERLY ALONG A CIRCULAK CURVE TO
?:5';:':. ::.::: .: - AND CONCAVE TO THE SOUTHEAST HAVING A I~IUS OF 35.00 FEET AND A CENTRAL ANGLE OF
'7~;.~;:~-.:;;-;~;,?.~:i~'.:i .: .:i . FOR. AN AR.C DISTANC£ OF 54.~7 FEET TO A POINT OF CUSP; THENCE N~O°O0'00"W ALONG ThE ~F. STERLy EXTENSION
ii~J{i!!i:!!i ;..;! ':' { :-;';:}i ::' OF THE NORTH LINE OF SAID LOT 24, BLOCK O FOR A DISTANCE OP 44.0~) FEET; THENCE $00030'1~)-W ALONG A LINE
· ... 2.?_.FEET; THENCE N89°37'02'E ALONG THE WESTERLY EXTENSION OF THE SOUTH LINE OF
- ~ i : :. ' , ~,.~l~ o ~'~K A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.
:?.:-:~.:.: .::...... -,. : CONTAINING 1,400 SQUARE FEET MORE OR LESS.
~'~::-:.:.,:. AT THE SOUTHEAST CORNER OF LOT ,~, BLOCK $, SILVER TERRACE, ACCORDING TO THE PLAT THEREOF
~::.z%::c:::::::-:, : : . RECORDED I'N PLAT BOOK I l AT PAGE ~1 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,. AND RUN ON
:;::~::~::"?." ' AN ASSUMED BEARING OF N00°30'Ig"E ALONG THE EAST LINE OF SAID LOT 9 AND THE EAST LINE.OF LOT 10, BLOCK
· s;: ,:.::::::(.:'::::" '.% . . FOR A DISTANCE OF 83.94 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY, NORTHWESTERL,t> AND WESTERLY
' .~.-:.c :-:.:.:, ." :-: .. ALONG A CIRCULAR CURVE TO THE ~ AND CONCAVE TO THE SOUTHWEST HAVING A RADi US OF 35.00 FEET AND A
· '-:.>.'-?~-;-~: .-.:- . .... CENTRAL ANGLE OF ~0~)30'30" FOR AN ARC DISTANCE OF 55.29 FEET TO A POINT OF CUSP; THENCE N~0o00'00-E AI. ONG
"='""'"'":'~ .... EXTESSXO~ OV THE Z'~:)R.~ LINE OP SAID LOT 10, m. OC~ S FOR A DISTANCE OF ~S.~I FEET; ~n~CE
-. -:~:" i !.' ii'.! Ln~IE OF SAID LOTS 10 AND 9, BLOCK 6 FOR A DISTANCE OF 119.22 FEET; THENCE SggO47'49"W ALONG THE EASTERLY
. . ;~-.'~,?~.x~,.';~.:..~..'i: · :.--:-:--:.. u EXTENSION OF THE SOUTH LINE OF SAID LOT 9, BLOCK 5 FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.
:: ~ ~...~...._.:...~,.........: . I ~BY CERTIFY THAT TI-HS SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO ~ BEST OF MY
· ' KNOWLEDGE AND BELIEF, AND MEETS ~ MINIMUM TECHNICAL STANDARDS FOR SURVEYING AND MAPPING IN THE
3.'..:~.~;~-;,~?':s:c::' :~':' ? :, STATE OF FLORIDA, AS SET FORTH IN CHAPTER 61G17-6, OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
-w ;~:.;:'.-'.~'~e~:-.'.:~;u:-, '"?'::'~:::~: SECTION 472.027 FLORIDA STATUTES, AS APPLICABLE FOR LEGAL DESCRII~IONS.
· i.'"' .;LOKI~A~T'A~ REGi NO. 3550 FILE: MSPIJB~SURVEY~I4600.PUB
:.. NOTES:
.... i .., ~.) TInS SKETCH AN~ LEGAL DESCmP~ON DOES NOT REPRESENT AFtELD nOUNDARY SURVEY ('TH~S ~S NOT A
~ SURVEY").
~.-~ ..-_ ....,.:....- ..... ~,.
~'~ .:-z,~=~...'.'.;;_-'.'..':..*;,-.. TERRACE, SHOWN HEREON ARE ASSUMED AND BASED ON THE NORTH LINE OF BLOCKS $ AND 6, SILVER
'~ ..,::. :'.'.-.*.:,.-'.-:.:?., ? :. ACCOEDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK I 1 AT PAGE 61 OF THE
.=a SHEET 1 OF 2 SHEETS
(~ ~ FILE NO. 96-14000-SSI
~ ~.'?i~::?. :::: :¥'::} '; 310 Soulhcast First Street, Suite Four
: ~. ::-??~' ' (305) 97%05~0 I)roward
ORB 9812 P~ 434
LEGEND:
P.B. PLAT BOOK
PG. PAGE
R/W RIGHT--OF--WAY
R RADIUS
~ A CENTRAL ANGLE
SCALE: 1" - 50' A ARC LENGTH
CC CENTERLINE
8 9 10
~LOCK ®
SILVER TERRACE
SOUTH LINE NORTH LINE
POINT OF
R~55.00'
BEGINNING;
SOPHIST CORNER
' A=55.29'
OF LOT 9, BLOCK 5, ~ ~ST LINE / ~ST LINE
%- f N00'50'19"
NB~47'49"t -}~ ~ PROPOSED ~ANDONMENT' OF ROAD R/W
m ~ N8~37 02 E
] _
SO~HWEST CORNER WEST LINE
OF LOT 24, BLOCK 6, LOT 24 A"mS9-:--'29 30"
BLOCK
25 SILVER TER~CE 24
SO~ LiNE NORTH UNE
LOT 24
ABANDONMENT OF ROAD RIGHT--OF--WAY
M~M~ ~OUL~VA"D SOUTH
A I=Ol~rlON OF S~LVI~ 'r~CE: (p.e.
C~ OF D~Y e~H. P~ B~H COUP. ~RIOA
I SK~CH TO ~MP~
SHEET 2 OF 2 SHEETS FILE NO. 97-14600-SS 2
. r"l Delre). Beach
310 S.[. ti! Street
C Oel¢~ Beoch, ~o ~43
Heller - Weaver and ato, inc. ,-,,,--,,~-~
(~7) 243-8777 - Fox
[IT¥ I]F [IELIIR¥ BEIIgH
DELRAY BEACH
o . ~ . ^ 100N.W. lstAVENUE · DELRAY BEACH, FLORIDA33444 · 407/243-7000
AII,An~ica City
DOROTHY H. WILK1EN, CLERK PB COUNTY, FL
1993 C ERTI 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. 41-97, as
the same was passed and adopted by the Delray Beach City
Commission in regular session on the 20th day of May, 1997.
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 May, 1997.
Alison Ma~cGregor~Harty ;
City Clerk
City of Delray Beach, Florida
THE EFFORT ALWAYS ~V~ATTERS
Printed on Recycled Paper
Celeste ...
Re: Resolution No. 41-97 & Easement Deeds
Attached is a certified copy of Res. #41-97 v~cating and
abandoning a portion of the right-of-way for Miami Boulevard in
the Silver Terrace subdivision. Also attached are two original
easement deeds to cover existing utilities in the abandoned area.
Please have these documents recorded. When they come back from
the County, please give me the originals and send a copy to Ron
Hoggard in Planning.
Thank you.
Alison
May 21, 1997
TO: DAVID t. HARDEN, CITY MANAGER-,
DEPARTMENT Of PLANNING AND ZONING q ~
FROM: RONALD R. HOGGARD ~ ~cc~
SENIOR PLANNER
SUBJECT: MEETING OF MAY 20, 1997 **CONSENT AGENDA**
ABANDONMENT OF A PORTION OF MIAMI BOULEVARD AND
ACCEPTANCE OF A PUBLIC UTILITIES EASEMENT
The Miami Boulevard right-of-way was dedicated as a street in the Silver Terrace
subdivision, platted in 1925. The existing right-of way is 50 feet. The proposal is
to reduce an approximately 120 feet long section, located just south of the
SE 10th Street connection to 30 feet wide. The roadway system within the
subdivision is being modified by the City. With the change, this portion of Miami
Boulevard is no longer needed as a roadway. It will only be utilized for access to
the two adjacent properties. By abandoning a portion of the right-of-way, the
adjacent lots are given more flexibility for redevelopment with respect to parking,
open space and landscape requirements. The abandonment will not prevent
access to adjacent lots of record and a replacement easement will be provided
for maintenance of existing utilities.
The Planning and Zoning Board considered this request at its meeting of
April 28, 1997. The Board unanimously recommended approval on a 7-0 vote.
Conditions of approval included provision of a replacement utility easement.
Easement Deeds were prepared by the City Attorney's office and have been
signed by the owners of the adjacent properties accepting the abandoned
portions of the roadway.
By motion, approve the abandonment of the right-of-way through the enactment
of Resolution No. 41-97 and accept the public utilities easement.
Attachments:
[] Reduced Survey
[] Easement Deeds
Prepared by: RETURN:
David N. Tolces, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this __ day of ., 1997, by and beWveen
DENNIS L. MANN, with a mailing address of 3535 Ensign Circle, Delray Beach, Florida
33483, party of the fa'st 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 fight, 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"
Concomitant and coextensive with this right is the further fight 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.
~TNESS #~1~: -- PARTY OF THE FIRST PART
(name printed or typed) I Print'N~-ame:
WITNESS #2:
(name printed or typed)
STATE OF FLORIDA
The foregoing instrument was acknowledged before me this/_/_~ay of
1997 by .~£~! 5 /.-. /~rt~/~ (name of person acknowledging),('l'~,ho is
personally known to me or who has produced ~ ,~-! 70.-5~'¢/7 (type of identification)
as identification and who did (did not) take an oath.
Ii,;~"i~ CONSOLAC,ON R. MENDOZA
ll::?'~'*"~,My COMMISSION # (~ 391225 I[
Ifi~ Emus: a~ lo,~ i Signature of Notary Pubhc - State
11 '"'~' *~"~?~"°~t""w~"'"-]l of Florida
mann.a~
EXHIBIT "A"
A PORTION OF MIAMI BOULEVARD ROAD RIGHT OF WAY AS SHOWN ON THE PLAT OF SILVER TERRACE ,ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK I I AT PAGE 61 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ~ '
BEGIN AT TtlE SOUTHWEST CORNER OF LOT 24, BLOCK 6, SILVER TERRACE, ACCORDING TO TIlE PLAT THEREOF
RECORDED IN PLAT BOOK 11 AT PAGE 61 OF TItE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND RUN ON
AN ASSUMED BEARING OF NO0°3{I' 19"E ALONG THE WEST LINE OF SAID LOT 24, BLOCK 6 FOR A DISTANCE OF 79.51 FEET
TO A POINT OF CURVATURE; TIIENCE NORTHERLY, NORTHEASTERLY AND EASTERLY ALONG A CIRCULAR CURVE TO
THE RIGHT AND CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 89°29'30''
FOR AN ARC DISTANCE OF 54.67 FEET TO A POINT OF CUSP: THENCE Ng0°00'00"W ALONG THE WESTERLY EXTENSION
OF TItE NORTIt LINE OF SAID LOT 24: BLOCK 6 FOR A DISTANCE OF 44.69 FEET; TltENCE S00°3O'Ig"W ALONG A LINE
PARALLEL WITH AND 10.00 FEET WEST OF AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID LOT 24, BLOCK
6 FOR A DISTANCE OF ! 14.27 FEET: THENCE NB9°37'1)2''E ALONG TIlE WESTERLY EXTENSION OF THE SOUTi.I LINE OF
SAID LOT 24, BLOCK 6 FOil. A DISTANCE OF 10.00 FEET 7'0 Tile I~)INT OF BEGINNING.
CONTAINING 1,400 SQUARE FEET MORE OR LESS.
Prepared by: RETURN:
David N. Tolces, Esq.
City Attorney's Office
200 N.W. 1 st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this __ day of ,1997, by and between DON-
DEB, INC., with a mailing address of 2501 S. Federal Highway, Delray Beach, Florida 33483,
party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100
N.W. I st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County,
State of Florida, party of the second part:
WlTNESSETH: 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 fight, 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"
Concomitant and coextensive with this right is the further fight 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.
Part3' 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 Easemem Deed set their hands and seals
the day and year first above written.
WITNESS gl: PARTY OF THE FIRST PART
(name printed or typed) Print Name:
(name printed or typed)
STATE OF FLORIDA
<~ foregoing instrument was acknowledged before me this /Z.~ day of
, 1997 by ~./'Txl.')Do_/O/ ~, .~4[/~r/ (name of officer or agent, title of
officer or agent) of t~Z£/-/ ~c< ~r4C (name of corporation acknowledging), a
~/-~c{~ (state or place of incorporation) corporation, on behalf of the
corporation. He/She is personally known to me or has pr~/z~ ~¢'n~t.~ '.
(type of identification) as identification and did (did n~
/Signature Of Notary-Publie~State.--~
BAJdlARA A. G3J.I.ARDI
EXHIBIT "A"
BEGIN AT TIlE SOUTIIEAST CORNER OF LOT 9. BLOCK 5, SILVER TERIL~CE. ACCORDING TO Tile PLAT TItEKEOF
RECORDED IN PLAT BOOK 1 ! AT PAGE 6 ! OF THE PUBLIC EECOEDS OF PALM BEACH COUNTY, FLORIDA. AND RUN ON
AN ASSUMED BEARING OF N00°30' 19"E ALONG THE EAST LINE OF SAID LOT ~ AND THE EAST LINE OF LOT 10, BLOCK 5
FOP, A DISTANCE OF 83.94 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY
ALONG A CIRCULAR CUEVE TO THE LEFT AND CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 35.00 FEET AND A
CENTRAL ANGLE OF 90°30'30'' FOR AN ARC DISTANCE OF 55.29 FEET TO A POINT OF CUSP; THENCE Ngoo00'oO"E ALONG
THE EASTEELY EXTENSION OF TIlE NORTH LINE OF SAID LOT 10, BLOCK $ FOR A DISTANCE OF 45.31 FEET: THENCE
S00°30'i9"W ALONG A LINE PARALLEL WITH AND 10.00 FEET EAST OF AS MEASURED AT RIGHT ANGLES TO THE EAST
LINE OF SAID LOTS 10 AND 9, BLOCK 6 FOP, A DISTANCE OF 119.22 FEET; THENCE S$9°47'49"W ALONG THE EASTERLY
EXTENSION OF THE SOUTH LINE OF SAID LOT 9, BLOCK 5 FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,460 SQUARE FEET MORE OR LESS.
SAID LANDS SITUATE WITI-IIN THE CITY OF DELKAY BEACH, PALM BEACH COUNTY, FLORIDA.
PLANNING AND ZONING BOARD
CITY OF DEEP, AY BEACH ---STAFF REPORT---
MEETING DATE: April 28, 1997
AGENDA ITEM: IV.G.
ITEM: Abandonment of a portion of Miami Boulevard lying immediately
south of S.E. 10th Street.
GENERAL .......................... DATA: ~ I ~ , <~ ~
Owner ............................. City of Delray Beach ~' I ~ -'. ~
Applicant ......................... David Harden
Location Immediately south of S.E. 10th ~ I ~ ~
Street. ~ ~
Property Size ................... 0657 ac.
Future Land Use Map ..... Transitional S.E. 10TH ST. '
Current Zoning ................ SAD (Special Activities
District)
Adjacent Zoning .... North: CF (Community Facilities) &
R-1-A (Single Family
Residential)
East: SAD
South: SAD
West: SAD
Existing Land Use ........... Road Right-of-Way
Proposed Land Use ........ Abandonment of a portion of
road right-of-way.
Water Service ................. n/a
Sewer Service ......... , ....... n/a
The item before the Board is that of making a recommendation to the City Commission
on abandonment of a portion of the Miami Boulevard right-of-way, located within the
Silver Terrace subdivision.
With the adoption of the Comprehensive Plan in 1989, the City designated the Silver
Terrace area as Redevelopment Area # 4 on the Future Land Use Map. Future Land
Use Element Policy C-2.7 requires the preparation of a redevelopment plan for the
area, which includes the installation of required infrastructure and the establishment of
FLUM designations for all properties in the area. The redevelopment plan Was
completed and was adopted by the City. Commission at its meeting of March 5, 1995.
The redevelopment plan calls for infrastructure improvements within the subdivision,
including the paving of roads and installation of water and sewer. The roadway system
was changed to create an intemal loop road which cuts off residential access to SE 10th
Street from Miami Boulevard and Park Avenue. The existing Miami Boulevard and Park
Avenue connections to SE 10th Street will remain only to provide additional access to
businesses fronting on SE 10th. These improvements are to be completed in 1997.
The Miami Boulevard right-of-way was dedicated as a street in the Silver Terrace
subdivision, platted in 1925. The existing right-of way is 50 feet. The proposal is to
reduce an approximately 120 feet long section, located just south of the 10th Street
connection to 30 feet wide.
The abandonment areas are approximately 10 feet wide on each side of the right-of-
way. Pursuant to LDR Section 2.4.6(O)(1), public property dedicated through
subdivision shall be divided at the center line and retumed equally to abutting parcels
when abandoned. The subject right-of-way was dedicated within the Silver Terrace
subdivision plat. Accordingly, the abandoned portions will revert to Lots 9 and 10,
Block 5 on the west and to Lot 24, Block 6 on the east.
The utility companies (Florida Public Utilities, FPL, Bell South, and Adelphia Cable)
have reviewed the requested abandonment and have no objections provided that a
replacement easement is provided. The replacement easement will also be used by
the City to maintain city utilities located within the abandoned portion of the right-of-
way.
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 for the right-of-way for
any public purpose.
Utilities, located within the areas proposed to be abandoned will be maintained through
the provision of a replacement easement. Provision of the easement is attached as a
condition of approval.
B. That the abandonment does not, nor will not, prevent access to a lot of
record.
The remaining 30 foot right-of-way will be paved to provide additional access to the
adjacent properties.
C. That the abandonment will not result in the detriment for the provision of
access and/or of utility services to adjacent properties or the general area.
Access is being maintained with the reduced right-of-way width. An easement is being
required to cover the existing utilities located within the abandoned portions of the right-
of-way.
Silver Terrace is a redevelopment area. With the change to the existing roadway
system, this portion of Miami Boulevard is no longer needed as a roadway. It will only
be utilized for access to the two adjacent properties. By abandoning a portion of the
right-of-way, the adjacent lots are given more flexibility for redevelopment with respect
to parking, open space and landscape requirements. The abandonment will not
prevent access to adjacent lots of record and a replacement easement will be provided
for maintenance of existing utilities.
1. Continue with direction.
2. Recommend approval of the abandonment subject to positive findings with respect
to LDR section 2.4.6(0)(5).
3. 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 a portion of the Miami
Boulevard right-of-way, subject to the following conditions:
1. That a replacement easement agreement be provided pdor to scheduling the
abandonment for City Commission.
Report prepared by: Ronald Hoggard, Senior Planner
A PORTION OF MIAMI BOULEVARD
-:' :";.{?!!::;:}:::iS): '.;.'::--::; .:":: DESCRIPTION
-:d::.::,~:'"":';- "' "-
'(:.' .5*¥~...:ii:[:i:: ::k~..: .: .. A PORTION OF MIAMI BOULEVARD ROAD RIGHT OF WAY AS SHOWN ON THE PLAT OF SILVER TERRACE ,ACCORDING TO
!?,?:'-':-'::~:'!i-:!~:!i?i: .":'):'.::: THE PLAT THEREOF RECORDED IN PLAT BOOK II AT PAGE 61 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY
":.'! ?.';~il.}i:.i' ii:" ? FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS POLLOWS:
.: -:.':'5 ."?.. : : BEGIN AT THE SOUTHWEST CORNER OF LOT 24, BLOCK 6, SILVER TERRACE. ACCORDING TO THE PLAT THEREOI
· ":~ ' RECORDED IN PLAT BOOK I [ AT PAGE 61 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. AND RUN ON
.. AN ASSUMED BEARING OF NO0°30'Ig"E ALONG THE WEST LINE OF SAID LOT 24, BLOCK 6 FOR A DISTANCE OF 79.51 FEET
' '*;.;i::(f ." ... TT?...A_.P~!_b~rr.C)_F C_U~_ VATURE; THENCE NORTHERLY, NORTHEASTERLy AND EASTERLY ALONG A CIRCULAR CURVE TO
itt: KII, JH'I' AND CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 89°29'30"
v .- _ . FOR AN ARC DISTANCE OF 54.67 FEET TO A POINT OF CUSP; THENCE Ng0°00'00"W ALONG THE WESTERLY EXTENSION
_:.....:!?-:c -':., ~. OF THE NORTH LINE OF SAID LOT 24, BLOCK 6 FOR A DISTANCE OF 44.69 FEET; THENCE S00°30'19"W ALONG A LINE
: :~ ~;;-.-....~':" -:": ...: -~ PARALLEL WITH AND 10.00 FEET WEST OF AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID LOT 24, BLOCK
:<<:'.- ' - -' FOR A DISTANCE OF 114.27 FEET; THENCE Ngg°37'02"E ALONG THE WESTERLY EXTENSION OF THE SOUTH LINE OF
~.:':.':::{: ?:.-.:-.'...:,:. :: SAID LOT 24, BLOCK 6 FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.
":L:2k~-'t':-:':'~:;=:""- ~- -.-.-:-- .. ..:'~' :"i - :': ' CONTAINING 1,400 SQUARE FEET MORE OR LESS.
' .':. BEGIN AT THE SOUTHEAST CORNER OF LOT 9, BLOCK 5, SILVER TERRACE, ACCORDING TO THE PLAT THEREOF
')i.._ !-!:.:/ RECORDED IN PLAT BOOK 11 AT PAGE 61 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA~ AND RUN ON
..<:.:~.?:::::: AN ASSUMED BEARING OF N00°30'Ig"E ALONG THE EAST LINE OF SAID LOT 9 AND THE EAST LINE .OF LOT' 10. BLOCK 5
"i? ':.i!'i~;?;'- : . . FOR A DISTANCE OF 83.94 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY
..:.:.:;~>.... ALONG A CIRCULAR CURVE TO THE LEFT AND CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 35.00 FEET AND A
-)~?¥!-.::i-.:!.;.>.--.:'-'...' -" : .' CENTRAL ANGLE OF 90°30'30'' FOR AN ARC DISTANCE OF 55.29 FEET TO A POINT OF CUSP; THENCE N90°00'00"E ALONG
'~<:::' :C.;:-:~.7 :.. - THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 10, BLOCK 5 FOR A DISTANCE OF 45.31 FEET; THENCE
'::~ "::i::~::: ' '.: S00°30'19"W ALONG A LINE PARALLEL WITH AND 10.00 FEET EAST OF AS MEASURED AT RIGHT ANGLES TO 'FI-IE EAST
!i::i:~!i~..: . -,':--:-:::... LINE OF SAID LOTS 10 AND 9, BLOCK 6 FOR A DISTANCE OF 119.22 FEET; THENCE S89°47'49"W ALONG THE EASTERLY
.i!:}~:i~i' ~!?v .~:.` :'' } (:!: :., EXTENSION OF THE SOUTH LINE OF SAID LOT 9, BLOCK 5 FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGiNNiNG.
.i'}".-'~¢~{:~i:: "-;: ' CONTAINING 1,460 SQUARE FEET MORE OR LESS.
BEACH,
PALM
BEACH
COUNTY.
FLORIDA.
'¢*.~s:*;*.--:,xz'.: -....: :..::: I HEREBY CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY
'!&::~?~'.~2*ez':-.c-.' :./..:-x.' ':' KNOWLEE DGE AND BELIEF, AND MEETS THE MINIMUM TECHNICAL STANDARDS FOR SURVEYING AND MAPPING IN THE
..::.~;:;:?.::~ii!!i~:!}.: 2:.:::::. STATE OF FLORID& AS SET FORTH IN CHAPTER 61G17-6, OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
'~?':~ii:ii:'f !' :'!:({~:' ~~;~!F!:i: .. }-?i::.::( SECTION 472.027 FLORIDA STATUTES, AS APPLICABLE FOR LEGAL DESCRIPTIONS.
......... HEL~VE
'~¢: 5 ~::;:5t.:-.5~.¥::' "" R AND CATO, INC.
NOTES:
:i~i:ii:~:~::::::.:!;:. !' ,:':i;¢~::~i':::::;:: 2.) BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE NORTH LINE OF BLOCKS 5 AND 6, SILVER
~;~z; {:-: i: :'¥~:;:z¢~:.'::x}. -' . OF PALM BEACH COUNTY, FLORIDA HAVING A BEARING OF Ng0°00'00"E.
FILE
NO.
96-14600-SS1
Heller-Weaver and Cato, Inc. -. (407)243-8700
'%;":'r" :xc'":" (305) 979-0550 Broward
PG. PAGE
[P.B. 11 PG. 61)
LOT 9 J~ LOT 10
POINT OF
....... '~PROPOS[D ABANDONMENT OF R~R/W
AB~DONMENT OF ROAD
.... ":.:.;. -'. OF LOT 24, BLOCK 6, LOT 2~ ~=8~29'50' ~
23 ~.ILVER TERRACE 24
SOUTH LINE
A
PO~ON
OF S~L~ ~~E (P.a. 11, PO. 61)
(~5) 979-05~