Res 44-97 RESOLUTION NO. 44-97
A'RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
TEN FOOT WIDE NORTH/SOUTHALLEY RIGHT-OF-WAY WITHIN
BLOCK 24, DEL-RATON PARK, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 14 AT PAGE 9 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
LOCATED ON THE NORTH SIDE OF AVENUE "G" BETWEEN
U.S. HIGHWAY #1 AND FREDERICK BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN, SUBJECT TO RECEIPT
AND ACCEPTANCE OFAN EASEMENT DEED BY FLORIDA POWER
& LIGHT FOR ITS FACILITY.
WHEREAS, an application for abandonment of a ten foot (10')
wide north/south alley right-of-way lying within Block 24, Del-Raton
Park, located on the north side of Avenue "G" between U.S. Highway #1
and Frederick Boulevard, as more particularly described herein, was
received by the City of Delray Beach; and
WHEREAS, the application for abandonment of a portion 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) (d), the
Planning and Zoning Board, as Local Planning Agency, formally reviewed
this matter at a public hearing on May 19, 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 to Florida
Power & Light for its facility; 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, based upon positive findings pursuant to LDR Section
2.4.6(0) (5) and subject to the receipt and acceptance of a
replacement easement deed to Florida Power & Light for its facility.
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 the receipt and acceptance by Florida Power &
Light of an easement deed for its facility:
A 10 foot alley bounded on the west by Lot 12; on
the east by Lots 13-15; on the north by the
westerly extension of the south line of Lot 16; on
the south by the westerly extension line of the
south line of Lot 13, all in Block 24, Del-Raton
Park, according to the Plat thereof as recorded in
Plat Book 14, Page 9 of the P~lic Records of Palm
Beach County, Florida.
Containing 0.017 acre, more or less.
Section 2. That this abandonment of alley right-of-way
described in Section 1 above shall not become effective and this
resolution shall not be recorded in the P~lic Records of Palm Beach
County, Florida, until a replacement easement deed has been provided
to and accepted by Florida Power & Light for its facility.
PASSED AND ~OPTED in regular session on this the 17th day
of June, 1997.
ATTEST:
~ity Cl~k !
- 2 - Res. No. 44-97
DOGWOOD DRIVE
SHER WOOD
GMC TRUCKS
TROF~IC
FLADELL ,S
TRANSPORTATION LN.
A VENUE G
DELRA Y
TO YO TA
LA-MAT AVENUE
AVENUE
LA-MAT
~ AVENUE H
MORSE
SA TURN
DUMAR EAS TVIEW
PLAZA VILLAGE
N - ABANDONMENT -
~ A PORTION OF THE ALLEY WAY FOR
PLANNINGDEPARTNIENT FRONRATH MOTOR VEHICLE SALES, RENTAL &:: LEASING
CITY or DIrLRAY BEACH, FL
-- ~)IGIlrAL ,~4~£ 1¢~4P ~)'~I'EM ~- MAP REF: LM135
MEMORANDUM
TO: Celeste McDonough, Administrative Assistant
FROM: Alison MacGregor Harry, City Cler~
SUBJECT: Resolution No. 44-97 (Abandonment of Alleyway in Block
24, Del-Raton Park for Fronrath)
DATE: September 23, 1997
Per the attached memorandum dated June 20, 1997, you were
instructed to hold Resolution No. 44-97 until the easement deed
to FP&L was provided.
Attached is a copy of that deed provided by fax this date from
Roger Saberson's office, so the condition has been satisfied.
Heidi, from Roger's office, indicated to me that she will stop by
our office today to pick up a certified copy of Resolution No.
44-97 and take it for recording. The certified copy is attached.
I've asked her to make sure the original recorded document is
returned to us.
If it becomes necessary to follow up with her in order to get the
recorded copy, please do so. When we get it in, I need the
original recorded document and a copy should be sent to Jasmin in
Planning.
By copy of this memo to Jasmin, I'm forwarding her a copy of the
easement deed provided to satisfy the condition of approval.
Thanks.
t~~
hMI-I / m ~.~ ~
At t achment
cc: Jasm±n ~llen, Planner
MEMORANDUM
TO: Jasmin Allen, Planner
FROM: Alison MacGregor Harty, City Clerk~f~
SUBJECT: Resolution No. 44-97 (Abandonment of Alleyway in Block
24, Del-Raton Park for Fronrath)
DATE: June 20, 1997
Attached is an executed copy of Resolution No. 44-97 which
abandons a 10' wide north/south alley right-of-way within Block
24, Del-Raton Park, associated with the Fronrath motor vehicle
development. It was approved by the City Commission on June 17,
1997. Section 2 of the resolution provides that the abandonment
shall not be effective and the resolution shall not be recorded
until an easement deed is provided to Florida Power & Light for
its existing facility.
By copy of this memorandum to Celeste McDonough in my office, I
am instructing her not to have Resolution No. 44-97 recorded
until we have received a copy of the required easement deed in
favor of FP&L from your office along with a statement that it
satisfies the condition of approval.
Please forward this document to Celeste at your earliest
convenience. We will then proceed with certification of the
resolution and recording.
Thank you.
aMH/m
Attachment
cc: Celeste McDonough, Administrative Assistant
Diane Dominguez, Director of Planning & Zoning
LAW OFFICE OF
ROGER G. SABERSON, P.A.
70 $.E, 4th Avenue Teleph, me: (561 ) 272-~616
Dekay Beach, Florida 33483 Fac$infile: 1561) 276- 5805
FACSIMILE COVER SHEET
PLKA~qE DELIV1ZR TO: P.l JISON McGREGOR HARTY FAX # 243-3774
FROM: Rogez G. Saberson
DATE: September 23, 1997
NUMBER OF PAGES (Including Covet Shee0:4
DESCRIPTION: COPY OF EASEMENT
[ ] FOR YOUR APPROVAL
[ I PLEASE REVIEW UPON RECEIPT
[ I AS YOU REQUESTED
[ X ] PER OUR DISCUSSION
[ I OTHER:
'llfis Teleeop? xXrtll Will Not X bc folloxt'ecl by the delix'ety, of an outeinal k~d copy.
If rot, hax-c any diffioflry tecei~'iug 0tm copy please mU (S61) 272-8616 immediately, %lxen trat~s'mittMg documcnrq ro us that
reqtti~_ oul: J~lxmediate atretlrlorL ple'~e ~ itlld {tdx'i~ us:, $irlce oltr ~ maChille is not conthluou~ly monirore&
°1'~¢ mfom~afion con,ned ~1 t~ ~au~is~on ~ att~ney pfi~e~d ~d confidential and is intended o~, for the use o{ th,:'
c~mmmc~fion i~ s~dy pro~ired. Ify~ ha~ rec~ved ~ co~num~ti~ in ~ot. please n,~n~ ~s fmx~ ~llmediarely by
effect t~ephon¢ c~ and temz~ the iac~e~y mt~d d~am~ to ua ar the ~o;-e ad&~ ~a d,e U.S. M~. We w~
This in.ctrument was prepared by and return to:
Roger G. Saberson, P.A.
70 S.E. 4th Avenue
Delray Beach, Florida 33483
EASEMENT
For and in consideration of Ten dollars ($10.00) and other good and valuable consideration, the
adequacy and receipt of which is hereby acknowledged, STANLEY M. LEVY AND BARABARA C.
LEVY, HIS WIFE AND GARY FRONKATI-I, TRUSTEE AND INDIVIDUALLY, the owner of the
premises described below, herein referred to as Grantor, does hereby grant to FLOB.I. DA POWER AND
LIGHT COMPANY, referred to as Grantee whose address is 21400 Powerline Road, Boca Raton, Florida
33433, a perpetual non exclusive above ground easement for the purpose of constructing, operating,
maintaining, rebuilding, replacing, relocating and removing electric lines upon and over real property
described az follows:
The cemerline of this easement, which is I0 feet in wi&h, is the westerly lot hnes of Lots 13, 14
of Block 24, DEL- RATON PARK, according to the plat thereof recorded in Plat Book 14, Page 9 of
the Public Records of Palm Beach County, Fl. This easement lies 5 feet on each side of said centerline.
The southern boundary of this easement is the south line of said Lot 13 extended 5 feet westerly and
the northern boundary of this easement is the north line of said Lot 15 ex'tended 5 feet westerly.
The easement .,dso includes within it a non exclusive right o£ ingress ~md egress for Grantee ro
maintain and utilize Grantee's facilities located therein.
This easemenz is granted subject to taxes for the year 1997 and subsequent years, easements,
restrictions, reservations, limitations, govermnental regulations, mortgages and all other matters of ,'ecord,
but reference hereto shall not serve to reimpose same.
SPECIAL STIPULATIONS:
This easement is granted upon the followint conditions:
1. Other than pole stubs and anchors, this entire non exclusive easement, shall be used by the Grantee
for above groined purposes only.
2. Gary Fronrath, Trustee and individually (~Fronrath") ackaxowledges that the Levy's are granting
this easement over their property at the request of Fronrath and as a benefit to Fronrath. Fronrath
applied to the City of Delray Beach to abandon the alley which abuts the west lot line of Lots 13, 14 & 15
of Del Raton Park Plat Book 14, Page 9. As a condition of granting Fronrath's application the City of
Delray Beach required that this easement be granted. Therefore, and for one dollar and other good and
valuable consideration the receipt and sufficiency of which is hereby acknowledged by Fronrath, Fronrath
does hereby agree to indemnify and save harmless and defend the Levy's (and their successors ~md assigns)
from and against any and all claims, suits, actions, damages, liabilities, and expenditures (including but
not limited to attorneys fees whether suit be brought or not and to include appellate proceedings) arising
from or related to the Grantee's use of the easement granted hereh~ including but not limited to any and
all of Grantee's activities related to constructhxg, operating, maintaining, rebuilding, replacing, relocating
and/or removing electric lines or facilkies or hx connection with its utilizing its fight of ingress and egress
to the easement. Also, Fronrath agrees that if the Grantee, irs employees, agents, and/or independent
contractors do any damage to the prope~xy which the Levy's own including but not limited to any
improvements on their property, that Fronxath will promptly restore and repair the Levy property to be
in at least as good as condition as it was prior to such damage.
5. Time is of the essence under this instrmnent.
6. The bm'dens and benefits hereof shall bind and inm'e to the benefit of the Grantor ~md Grantee and
their successors and assigns.
~4 In wigness whereof, the undersigned has caused this instrument to be executed on the~_.~ay of__
/Yu~U~t 1997.
Signed, sealed and delivered
in the presence of:
l~4~zipi~g Rock Drive .....
(,~.5.7..."
Boyn~
m~ess ~ a~ '~ ~~~ Gary Fro~ath, Trustee and individually
.~ . ~ .~ 2605 SouthFeder~ Highway
Delray B~ch, FL 33483
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~ day of August 1997 by
Stanley M. Levy and Barbara C. Levy
Personally Known OR Produced Identification '//
Type of Identification Producedg. l>..,ea~ ~/~a~n~ :~.- '~'~ '%.'~- ~y c0~ess~
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this o~ {~ day of ~a~ 1997 by
I
Notary Public
Personally Known OR Produced Identification~ [=~
Notary Publ~,
Type of Identification Produced F [- 'I)~ My =mm.,,~ ~o~. ~a. 2~0
N~. ¢C~0~
Etono~:l ~ru
MEMORANDUM
TO: Jasmin Allen, Planner
FROM: Alison MacGregor Harry, City Clerk
SUBJECT: Resolution No. 44-97 (Abandonment of Alleyway in Block
24, Del-Raton Park for Fronrath)
DATE: June 20, 1997
Attached is an executed copy of Resolution No. 44-97 which
abandons a 10' wide north/south alley right-of-way within Block
24, Del-Raton Park, associated with the Fronrath motor vehicle
development. It was approved by the City Commission on June 17,
1997. Section 2 of the resolution provides that the abandonment
shall not be effective and the resolution shall not be recorded
until an easement deed is provided to Florida Power & Light for
its existing facility.
By copy of this memorandum to Celeste McDonough in my office, I
am instructing her not to have Resolution No. 44-97 recorded
until we have received a copy of the required easement deed in
favor of FP&L from your office along with a statement that it
satisfies the condition of approval.
Please forward this document to Celeste at your earliest
convenience. We will then proceed with certification of the
resolution and recording.
Thank you.
AMH/m
Attachment
cc: Celeste McDonough, Administrative Assistant
Diane Dominguez, Director of Planning & Zoning
RESOLUTION NO. 44-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
TEN FOOT WIDE NORTH/SOUTH ALLEY RIGHT-OF-WAY WITHIN
BLOCK 24, DEL-RATON PARK, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 14 AT PAGE 9 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
LOCATED ON THE NORTH SIDE OF AVENUE "G" BETWEEN
U.S. HIGHWAY #1 AND FREDERICK BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN, SUBJECT TO RECEIPT
AND ACCEPTANCE OF AN EASEMENT DEED BY FLORIDA POWER
& LIGHT FOR ITS FACILITY.
WHEREAS, an application for abandonment of a ten foot (10')
wide north/south alley right-of-way lying within Block 24, Del-Raton
Park, located on the north side of Avenue "G" between U.S. Highway #1
and Frederick Boulevard, as more particularly described herein, was
received by the City of Delray Beach; and
WHEREAS, the application for abandonment of a portion 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(0) (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
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 to Florida
Power & Light for its facility; 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, based upon positive findings pursuant to LDR Section
2.4.6(0) (5) and subject to the receipt and acceptance of a
replacement easement deed to Florida Power & Light for its facility.
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 the receipt and acceptance by Florida Power &
Light of an easement deed for its facility:
A 10 foot alley bounded on the west by Lot 12; on
the east by Lots 13-15; on the north by the
westerly extension of the south line of Lot 16; on
the south by the westerly extension line of the
south line of Lot 13, all in Block 24, Del-Raton
Park, according to the Plat thereof as recorded in
Plat Book 14, Page 9 of the Public Records of Palm
Beach County, Florida.
Containing 0.017 acre, more or less.
Section 2. That this abandonment of alley 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 a replacement easement deed has been provided
to and accepted by Florida Power & Light for its facility.
PASSED AND ~OPTED in regular session on this the 17th day
of June, 1997.
ATTEST:
~ity Cl~k !
- 2 - Res. No. 44-97
DOGWOOD DRIVE
SHER WOOD
GMC TRUCKS
TROPIC
FLADELL,S
way
TRANSPORTATION LN.
AVENUE G
DELRA Y
TO YO TA
LA-MAT AVENUE ~
AVENUE BAY
LA-MAT
OZ A VENUE H
MORSE L~
SA TURN
DUMAR EASTVIEW
PLA ZA VIL L A GE
N - ABANDONMENT -
~ A PORTION OF THE ALLEY WAY FOR
~A..,.~O~A~'.E~ FRONRATH MOTOR VEHICLE SALES, RENTAL & LEASING
CITY OF DELRAY BEACH. FL
DIGI~'AL BA.~£ MAP SYSI'EM -- MAP R£~-:
TO: DAVID T. HARDEN
¢]'TY MA_NAGER
THRU: DIA'NE DOMINGUEZ, DIRL~CTOR"~
DEPARTMENT OF PLANNING AND ZONING
FROM: /JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF JUNE 17, 1997 ** CONSENT AGENDA**
ABANDONMENT OF ALLEYWAY IN BLOCK 24, DEL-RATON PARK
FOR FRONRATH MOTOR VEHICLE SALES, RENTAL AND LEASING
DEVELOPMENT
The action requested of the City Commission is that of approval of the abandonment of
a 10' wide north-south alleyway lying within Block 24, DeI-Raton Park Subdivision.
The alleyway was dedicated with the recordation of the DeI-Raton Park subdivision in
May 1926, and has not been improved. With the exception of this portion of the alley
the remaining platted alleyways within this Block have been abandoned. A condition of
approval of the recent SAD zoning for the Paton Property (west of alley) required the
subject alleyway to be abandoned and incorporated into the proposed development.
The Planning and Zoning Board considered this request at its meeting of May 19, 1997
and unanimously recommended approval on a 7 to 0 vote, with the condition that a
replacement easement be provided to cover an existing north south utility line.
By motion:
1. Approve the abandonment of the alleyway through the enactment of Resolution
44-97, with the following condition:
· That the abandonment shall not become effective and this Resolution not be
recorded until such time as a replacement easement for the existing utility
line has been recorded.
Attachment:
· Location Map
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: May 19, 1997
AGENDA ITEM: VI.D.
ITEM: Abandonment of the alleyway lying on the north side of Avenue "G", 183'
east of South Federal Highway, for Fronrath Vehicle Sales, Rental and
Leasing Development.
GENERAL DATA:
Owner ......................................... George R. Paton (Risiduary Trust
under will dated January 8, 1986)
Applicant ..................................... Gary Fronrath, Trustee
Agents ........................................ Roger Saberson
Location ...................................... North side of Avenue "G", between
Federal Highway (U.S. 1) &
Frederick Boulevard.
Property Size ............................... 017 Acre
Existing Future Land Use Map
Designation ................................. General Commercial
Current Zoning ............................ SAD (Special Activities District)
Existing Land Use ....................... Alleyway
Proposed Land Use .................... Abandonment of alleyway to be
incorporated in the Fronrath Vehicle
Sales, Rental, and Leasing Facility
to be established on the abutting
properties.
Water Service ............................. n/a
Sewer Service ............................. n/a
The item before the Board is that of making a recommendation to
the City Commission on the abandonment of the north-south
alleyway lying on the north side of Avenue "G" approximately 183
feet east of South Federal Highway in Block 24, DeI-Raton Park
Subdivision.
This right-of-way abandonment is being processed pursuant to
LDR Section 2.4.6(0), Abandonment of Rights-of-Way.
The alleyway was dedicated with the recordation of the DeI-Raton Park
subdivision in May 1926, and has not been improved. With the exception of this
portion of the alley the remaining platted alleyways within this Block were
abandoned via Palm Beach County Resolutions adopted on August 5, 1969 and
September 13, 1983. On April 15, 1997, the City Commission approved a
Future Land Use Map amendment from Transitional to General Commercial, and
rezoning to SAD (Special Activities District) with an attendant site plan to
establish a vehicle sales, rental and leasing facility for the Paton Property (west
of the alley) The purpose of the FLUM amendment and rezoning was to
combine the subject property with the abutting Levy property (east of the alley)
as one facility, for Fronrath Vehicle Sales. A condition of that approval required
the subject alleyway to be abandoned and incorporated into the overall
development.
The area proposed for abandonment is a 10' alley running between Lots 13
thru 15 (Levy property) to the east and Lot 12 (Paton property) to the west and
consists of approximately 750 square feet. The request was made by the owner
of Lot 12 and seeks to incorporate the vacated area within the proposed
Fronrath Motor Vehicle Sales, Rental and Leasing development.
The abandonment area is 10 feet wide. 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. Accordingly five feet
will revert to the owner of Lot 12 (Paton) and five to the owner of Lots 13 thru 15
(Levy).
Planning and Zoning Board Staff Report
Abandonment of the 10' alley in Block 24, DeI-Raton Park Subdivision
Page 2
The Utility Companies (FPL, Bell South and Aldelphia Cable) have reviewed the
requested abandonment and have no objections provided that an easement is
maintained to cover the existing facilities. The survey shows the power poles
and lines straddling (approximately 1' east of) the platted alleyway.
The City's Environmental Services Department as well as Florida Public Utilities
have no facilities within the alley and thus have no objections to its
abandonment.
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.
While the physical facilities for electric, cable tv and telephone services
are located outside of the platted alleyway area, an easement should be
provided to ensure access to those facilities. A condition of approval will
require an easement to cover the physical facilities.
B) That the abandonment does not, nor will not, prevent access
to a lot of record.
The subject alley is unimproved and has not been used for access in the
past. Further, the alleyway does not extend northwards of Lot 15, as that
portion of the alleyway was previously vacated. Access to Lot 12 is
provided via Avenue "G" and Lot 13 thru 15 could be accessed from
Frederick Boulevard (currently unimproved).
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.
No access is taken from the subject alley. Replacement easements will
be required to cover the existing facilities located just outside the alley.
Thus, no detriment will therefore result with the abandonment of the alley.
Planning and Zoning Board Staff Report
Abandonment of the 10' alley in Block 24, DeI-Raton Park Subdivision
Page 3
As the subject alley is unimproved and does not provide access to abutting
properties, its intended use is limited. The purpose of the abandonment is to
incorporate the vacated area within the Fronrath Motor Vehicle Sales, Rental and
Leasing development. Replacement easement will be required to cover existing
Bell South, FPL and Cable TV services. Positive findings have been made with
respect to Section 2.4.6(0)(5).
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 subject to positive findings
with respect to LDR Section 2.4.6(0)(5), for the 10' alley west of and adjacent to
Lots 13 thru 15 within Block 24, DeI-Raton Park, subject to the following
condition:
· That a 10' utility easement be provided with the centerline of the easement
being the existing Bell South, FPL and Cable TV facilities.
Attachments:
Q Location Map and Reduced Survey
TO: Mr. Harden DATE:6/17/97
FROM: Barbara Garito
SUBJ: Res. 44-97 - Of note for meeting tonight
I made this change to Res. 44-97 since
Planning advised that the facility (FP&L)
is actually 1 foot outside the alleyway.
RESOLUTION NO. 44-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
TEN FOOT WIDE NORTH/SOUTH ALLEY RIGHT-OF-WAY WITHIN
BLOCK 24, DEL-RATON PARK, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 14 AT PAGE 9 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
LOCATED ON THE NORTH SIDE OF AVENUE "G" BETWEEN
U.S. HIGHWAY #1 AND FREDERICK BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN, SUBJECT TO RECEIPT
~UBLIC /~n £~
UTILITIES. .
WHEREAS, an application for abandonment of a ten foot (10')
wide north/south alley right-of-way lying within Block 24, Del-Raton
Park, located on the north side of Avenue "G" between U.S. Highway #1
and Frederick Boulevard, as more particularly described herein, was
received by the City of Delray Beach; and
WHEREAS, the application for abandonment of a portion 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) (d), the
Planning and Zoning Board, as Local Planning Agency, formally reviewed
this matter at a public hearing on May 19, 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 to Florida
Power & Light for its facility; 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, based upon positive findings pursuant to LDR Section
2.4.6(0) (5) and subject to the receipt and acceptance of a
replacement easement deed to Florida Power & Light for its facility.
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 the receipt and acceptance of an easement deed
for existing public utilities:
A 10 foot alley bounded on the west by Lot 12; on
the east by Lots 13-15; on the north by the
westerly extension of the south line of Lot 16; on
the south by the westerly extension line of the
south line of Lot 13, all in Block 24, Del-Raton
Park, according to the Plat thereof as recorded in
Plat Book 14, Page 9 of the Public Records of Palm
Beach County, Florida.
Containing 0.017 acre, more or less.
Section 2. That this abandonment of alley 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 a replacement easement deed be provided to
Florida Power & Light for its facility has been accepted and recorded
by the City of Detray Beach, Florida.
PASSED AND ADOPTED in regular session on this the 17th day
of June, 1997.
MAYOR
ATTEST:
City Clerk
- 2 - Res. No. 44-97
06/18/97 WED 08:34 FAX 561 243 3774 CITY CLERK ~001
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RESOLUTION NO. 44-97
A RESOLUTION OF THE CITY COMMISSION OF TME CITY OF
DELP~AY BEACH, FLORIDA, VACATING AND ABANDONING A
TEN FOOT WIDE NORTH/SOUTH ALLEY RIGHT-OF-WAY WITHIN
BLOCK 24, DEL-RATON PARK, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 14 AT PAGE 9 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA~
LOCATED ON TME NORTH SIDE OF AVENIIE "G" BETWEEN
U.S. HIGMWAY #1 AND FREDERICK BOULEVARD, AS MORE
PARTICULARLY DESCRIBED MEREIN, SUBJECT TO RECEIPT
AND ACCEPTANCE OF AN EASEMENT DEED FOR PUBLIC
UTILITIES.
WHEREAS, an application for abandonment of a ten foot (10')
wide north/south alley right-of-way lyin9 within Block 24, Del-Raton
Park, located on the north side of Avenue "G" between U.S. Highway $1
and Frederick Boulevard, as more particularly described herein, was
received by the City of Delray Beach; and
WHEREAS, the application for abandonment of a portion of
said alley right-of-way was processed pursuant to Section 2.4.6(0),
"D~bandonment of Rights-of-Way", of the Land Development Regulations
of the City of Delray Beach; and
WMEREAS, pursuant to LDR Section 2.4.6(O)(3)(d), the
Plannin9 and zoning Board, as Local Planning Agency, formally reviewed
this matter at a public hearing on May 19, 1997, and voted
unanimously to recommend approval of the abandonment, based upon
positive findings pursuant to LDR Section 2.4.6(0) (5) and s~ject to
the condition that a replacement easement be provided to Florida
Power & Light for its facility; and
WHEREAS, the City Commission of the City of Delray Beach,