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Res 43-97 RESOLUTION NO. 43-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE RIGHT-OF-WAY FOR N.W. 6TH AVENUE AS DEDICATED ON THE PLAT OF LAKE IDA MANOR, RECORDED IN PLAT BOOK 23 AT PAGE 138 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING BETWEEN N.W. 7TH STREET AND GARDENIA TERRACE AND AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, an application for abandonment of a portion of the right-of-way for N.W. 6th Avenue as dedicated on the Plat of Lake Ida Manor, being located between N.W. 7th Street and Gardenia Terrace, as more particularly described herein, was received by the City of Delray Beach; and WHEREAS, the application for abandonment of a 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 May 19, 1997, and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings pursuant to LDR Section 2.4.6(0) (5); 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 rignt-of-way, based upon positive findings pursuant to LDR Section 2.4.6(0) (5). 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: A portion of the right-of-way of N.W. 6th Avenue as shown on the Plat of Lake Ida Manor, according to the Plat thereof, as recorded in Plat Book 23, Page 138 of the Public Records of Palm Beach County, Florida, being described as follows: Beginning at the Southwest corner of said Plat of Lake Ida Manor; thence North 90 degrees 00'00" East (bearings being relative to the Plat of Lake Ida Shores First Addition, according to the Plat thereof, as recorded in Plat Book 25, Page 71 of the Public Records of said Palm Beach County) along the South line of said Lake Ida Manor and the North line of said Lake Ida Shores First Addition, a distance of 25.00 feet to the Southwest corner of Lot 28 of said Lake Ida Manor; thence North 00 degrees i6'30" West, along the West line of said Lot 28, a distance of 119.90 feet to the Point of curvature of a circular curve concave to the Southeast; thence Northeasterly along said West line of Lot 28 and along the arc of said curve having a radius of 20.00 feet and a central angle of 90 degrees 16'30", a distance of 31.51 feet to the North line of said Lot 28; thence North 90 degrees 00'00" West along the Westerly extension of the North line of said Lot 28, a distance of 45.10 feet to the West line of the aforesaid Lake Ida Manor; thence South 00 degrees 16'30" East, along said West line of Lake Ida Manor, a distance of 140.00 feet to the Point of Beginning. Containing 0 08 acre, more or less PASSED AND ADOPTED in regular session on this the 17th day of June, 1997. ATTEST: ' City Clerk I~ - 2 - Res. No. 43-97 LAKE ARK v -r ..... N.W. llTH ST. DELRA Y~ PLAY ~ I ~ z ~ z IBISCJS LA I N.W. 7m ST. ~ ELDORADO AN[ : I % ~eox scout ~ - ABANDONMENT - j .~.~.,.c., (A PORTION OF N.W. 6TH AVE) I O~ ~ OEERAY BCACH. ¢~ £1TY JIF I]ELRAY BEACH DELRAY BEACH AII-AmericaCity 1993 C E R T I F I C A T I O N I, ALISON MacGREGOR HARTY, City Clerk of the City of Delray Beach, Florida, do hereby certify that the attached document is a true and correct copy of Resolution No. 43-97, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 17th day of June, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 20th day of June, 1997. Alison MacGregOr ~Harty ! City Clerk City of Delray Beach, Florida THE EFFORT ALWAYS MATTERS Prlnted on Recycled P~per MEMORANDUM TO: Celeste McDonough, Administrative Assistant FROM: Alison MacGregor Harry, City Clerk ~-- SUBJECT: Resolution No. 43-97 (Abandonment of a Portion of N.W. 6th Avenue) DATE: June 20, 1997 Attached is a certified copy of Resolution No. 43-97 to be sent for recording. When the recorded document comes back, please forward a copy to Claire in Planning and return the original to me. The abandonment ~hould also be noted on the appropriate plat (Lake Ida Manor). \ Thank you. AMH/m Attachment TO: /D~VID T. HAR.I[;~N, CITY MANAGER DEPARTMENT OF PL/~I~IN'I~ AND ZONING SUBJECT: MEETING OF JUNE 17, 1997 **CONSENT AGENDA** ABANDONMENT OF A PORTION OF N.W. 6TH AVENUE The action requested of the City Commission is approval of the proposed abandonment of a portion of N.W. 6th Avenue, lying between Gardenia Terrace and N.VV. 7th Street within the Lake Ida Manor Subdivision. The area proposed for abandonment is an unimproved portion of N.W. 6th Avenue (approximately 3,857 sq. ft.) adjacent the western line of Lot 28, which is currently vacant. The property owner of Lot 28 has requested the abandonment in order to increase the size of the lot for the construction of a single family home. The Planning and Zoning Board considered this request at its meeting of May 19, 1997, and unanimously recommended approval on a 6-0 vote, with the condition that a replacement easement be provided to cover an existing east/west utility line adjacent the south property line. The replacement easement was attached as a condition of approval although the easement was not requested by any the utility companies. The applicant prefers not to provide this easement and has submitted letters from the appropriate utility companies indicating that they do not require replacement easements. I~ By motion, approve the abandonment of the right-of-way through the enactment of Resolution 43-97. Attachment: · Planning and Zoning Staff Report FROM : FPL BOYN SUC PLAI'.IN[NG F'HOI'.IE NO. : ._~.~1 369 2251 l'4a,a. 27 1997 05:00PP1 P2  Florir~a Power & Light Company. 9329 S, Military 'l'rail. Boynto. ~eacl,. FL 33¢3~ May 27, 1997 Rs: Request to Abandon unimproved portion N.W. 6th Avenue within the Lake Ida Manor Subdivision Delray Beach, Florida Dear Ns. Arnoux: Per your request of May 27, 1997, Florida Power & Light has no objections to the abandonme~]t of the above referenced road right- of-way of the unimproved portion of N.W. 6th Avenue located between Gardenia Terrace and N.W. 7th Stree5 as described in your letter dated April 16, 1997. Florida Power & Light has no need for an easement in this area at this time., if needed it would have been requested in the earlier letter from Mr. Arthur. If you should have any further questions concerning this matter or if Florida Power & Light may be of assistance to you, please contact me aT 369-2231. Sincerely, WesleF F. Morris Distribu:ion Designer I 1'IRY-29-97 THU I0:09 ~ql'1 ,flDELPHI¢I FRX NO. 561 278 9322 P. 03/03 1595 S.W. 4th Ave Delrzy Beach, FL 33444 May 29, 1997 Ms. Marie-Josee Amoux 535 NW 4th Avenue Delray Beach, FL 33444 RE: ABANDONMENT OF EASEMENT-Portion of NW 6th Ave Dear Ms Amoux: Adelphia has determined that it has no conflict regarding the request to abandon the above- mentioned easement location. Adelphia's facilities are located on an existing pole line. Adelphia does not require any additional easements or a replacement easement. If you have any further questions, please call me at [561] 272.-2522. Sincerely, J ~eannin~"McEnroe "Construction Coordinator BELLSOUTH BellSouth Telecommunicglions. In¢, May 29, 1997 Marie-Josec Amoux 535 N.W. 4th Ave. Delray Beach, FL 33444 RE: abandonment of a. Portion of N.W. 6th Ave. within the Lake Ida Manor Subdivision Dear Claire: I have reviewed the proposed master and/or site plan for abandonment of a Portion of N.W. 6th Ave. between Oardenia Terrace and N.W. 7tl~ Street. There is nothing on the Western property line that would prevent us from abandonment of the right-ol:way. If you have any questions, call me at (407) 732-2646 Yours tnfly, Lynn Thompson Specialist - Outside Plant Bngineefing FLORIDA P. O. Box 3395 West Palm Beach, FL 33402-3395 April 29, 1997 Ms. Claire Lyte-Graham City of Delray Beach 100 N.W. 1st AVENUE Delray Beach, FL 33444 RE: Abandoment of a portion of NW 6th Ave. within the Lake Ida Manor Subdivision Dear Lyte-Graham: Please be advised that Florida Public Utilities Company has no objection to the abandonment of the existing 8' easement described in your letter. At the present time, we have no underground gas distribution facilities located within the limits of the proposed abandonment. David E. Pellico Division Engineer PLANNING & ZONING PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: May 19, 1997 AGENDA ITEM: v~.c. ITEM: Abandonment of a portion of N.W. 6th Avenue, lying between N.W. 7th Street and Gardenia Terrace. N.W. II1~ ST. ©wne~ ......................................... Jean Amo~× Applicant ..................................... ~arie-Josee Amoux Location ...................................... Portion o~ ~.W. Sth Avenue, between N.W. 7th Street & Gardenia Terrace. Property Size ............................... 08 Acre Existing Future Land Use Map Designation ................................. Low Density Residential Current Zoning ............................ R-l-AA Existing Land Use ....................... Unimproved right-of-way Proposed Land Use .................... Abandonment of the unimproved right-of-way for a private driveway and landscaping. Water Service ............................. n/a Sewer Service ............................. n/a The item before the Board is that of making a recommendation to the City Commission for the proposed abandonment of a portion of N.W. 6th Avenue located within the Lake Ida Manor Subdivision. The subject right-of-way is located between Gardenia Terrace and 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 subject 25' right-of-way was dedicated with the recordation of the Lake Ida Manor. Subdivision in April, 1951, and has not been improved. The area proposed for abandonment is a portion of N.W. 6th Avenue (approximately 3,857 sq. ft.) adjacent the western line of Lot 28, which is currently vacant. The property owner of Lot 28, which is immediately adjacent on the east side, has requested the abandonment in order to increase the size of the lot for the construction of a single family home. ~ The subject portion of N.W. 6th Avenue is 25' in width. 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. As the right-of- way was dedicated by the Lake Ida Manor Subdivision, the entire 25' will revert to the owner of Lot 28. The subject portion of N.W. 6th Avenue is unimproved and has not been used for access to the improved portion of N.W. 6th Avenue, Gardenia Terrace, or N.W. 7th Street by any of the abutting property owners. In 1982, the owner of the lot on the west side of the subject right-of-way submitted an application requesting abandonment of this portion of N.W. 6th Avenue. The Engineering Department indicated that it would be in the City's best interest to retain the right-of-way because it would improve accessibility to the neighborhood, and at its meeting of July 13, 1982, the City Council denied the request. Regardless of the reason, it would not have been appropriate to abandon the property to the abutting residence to the west as the right-of-way was originally dedicated by the property to the east (see attached plat of Lake Ida Manor). Since that time it has become clear that the area will not be used nor is it necessary for improved accessibility. It is noted Planning and Zoning Board Staff Report N.W. 6th Avenue Abandonment Page 2 after the denial of the abandonment request the property owner to the west erected a fence enclosing a portion of the right-of-way area. With the abandonment this area will become private property and this fence will constitute an encroachment. Lot 28 currently has frontage on both Gardenia Terrace and N.W. 7th Street. If the subject right-of-way were improved, the lot would have streets on three sides, which is a highly undesirable development pattern. Abandonment of the right-of-way ensures that this will not occur. The Environmental Services Department has reviewed the request and has no objection to abandoning the area because there are no utilities in the right-of-way, nor are there plans to utilize the right-of-way in the future. The Fire Department has reviewed the request, and has no objection as there is a fire hydrant located at the northeast comer of N.W. 6th Avenue and N.W. 7th Street, and at the southwest comer of Gardenia Terrace and N.W. 6th Avenue. BellSouth, Florida Public Utilities Company, Adelphia Cable, and Florida Power and Light have reviewed the request and have no objection to the abandonment. BellSouth has indicated there is an east/west utility pole line adjacent the north side of Gardenia Terrace with FPL, cable t.v., and BellSouth services, but no easements have been requested from any of the utility companies. However, in order to cover these ex, isting facilities, it is recommended that an easement be provided, which is attached as a condition 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 subject portion of N.W. 6th Avenue is unimproved and has not been used for access in the past. There are no City utilities in the subject right-of-way. An east/west utility pole line is located adjacent Gardenia Terrace, and the provision of a replacement easement is attached as a condition of approval. Therefore, there is not, nor will there be a need for the use of the right-of-way for any public purpose other than that which is accommodated through dedication of an easement. B) That the abandonment does not, nor will not, prevent access to a lot of record. Planning and Zoning Board Staff Report N.W. 6th Avenue Abandonment Page 3 The subject right-of-way, located between N.W. 7th Street and Gardenia Terrace, is unimproved. Lots immediately to the east and west of the abandonment area (including Lot 28) have double frontage, with north property lines adjacent to N.W. 7th Street and south property lines adjacent to Gardenia Terrace. 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, No access is taken from the subject right-of-way. An east/west utility line is located adjacent the south property line which will be accommodated in an easement. No detriment will therefore result for the provision of the above services. As the subject right-of-way is unimproved and there are no plans for its improvement, its intended use is limited. The abandonment area will be combined with Lot 28 to the east to accommodate the construction of a single family home. It is noted the adjacent property owner to the west has constructed a fence within the public right,of- way. After abandonment the fence must be moved off private property, unless an agreement is reached between the property owners to allow it to remain. i~ii~'~"~;~i''''~'=[~i~.'.' ........ '"~=~:~"~"'*t:£~:'~¥' ........ :'~'~i~-.*.~':'~'~'~-~''i ~' '~'~ ........ '~'~"'""*~'"~ ......... 'ii'" '~ ...... ' ..... ' 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). · '~f.~:;.; ~'~...~f:.: ~,~'-.~-" ..-;.-- ..-..-~..-¢,. .~ ~:~ ~,~' .~: ~ ._~.~ · . . ,~ ., . -., . -.,..~, ~-,. ~. .. . ..- . .~..- By motion, recommend approval of the abandonment of the 25' portion of N.W. 6th Avenue adjacent to Lot 28 located within Lake Ida Manor Subdivision 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 be provided. Attachments: El Location Map, Survey, and Lake Ida Manor Plat LOT 27 EXISTING RES. 119.90'