Res 38-96 ORB 9J56 :1:182
RESOLUTIf~q NO. 38-96
A RESOLUTIC~q OF THE CIT~ CC~9~SSION OF THE CITY OF
DRT,RAY BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE
CITY CLERK TO CERTIFY A SURVEY OF A PORTION OF
SOUTHWEST 5TH AVENUE, RECITING THE FACT THAT RIGHT
TITLE EASEMENT AND APPURTENANCES IN AND TO SUCH ROAD
HAVE VESTED IN THE CITY OF D~LRAY BEACH, FLORIDA;
DIRECTING ~HE CITY CLERK TO FILE SUCH A SURVEY IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT OF PALM BEACH
COUNTY.
WHEREAS, the City of Delray Beach, Florida, has constructed
Southwest 5th Avenue extending from Southwest 4th Street to Southwest 6th
Street; and
WHEREAS, such road is known as S.W. 5th Avenue and has been
maintained by the City in accordance with the City's standards and
practices for monitoring and maintaining its roads; and
WHEREAS, the road has been in existence, monitored, maintained
and used continuously and uninterruptedly as a City road for a period well
in excess of four years; and
WHEREAS, Florida Statute 95.361 provides that such roads shall ~
deemed to be dedicated to the public.
NOW, ~HEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Mayor and City Clerk are hereby authorized
to file a survey of Southwest 5th Avenue from Southwest 4th Street to
Southwest 6th Street, reciting that such road has been maintained in
accor~ance with City stama~d procedures for maintaining City roads
'
continuously and uninterruptedly for a period of at least four years.
Section 2. That the City Clerk is hereby directed to record the
survey of S.W. 5th Avenue with a recitation stated above and certified by
the Mayor and City Clerk.
PASSED AND ADOPTED in special session on this the llth day of
June, 1996.
-Dc
Return to: (enclose self-addressed stamped envelope)
Name ¢
Address:
JUL-~7-t996 3:27Pm 96--24&31 2
ORB 9356 Pe 1 '181.
i II · II MI III i l I II Ii lI Iii
Property Appraisers Parcel Identification (Folio) Number{s):
[lTV DF DELRR¥ BERTH
DELRAY BEACH
~ CITY CLERK ~oo ,.w. ~ ^vE.uE · DE,R^~ ~^o.. F~o~,o^ ~,~. ~o,~-,ooo
AII-AmericaCity
1993
CERTIFICATION
I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, do
hereby certify that the attached document is a true and correct copy of
Resolution No. 38-96, as the same %~s passed and adopted in special session
by the Delray Beach City Commission on June 11, 1996, together with a
right-of-way survey for a portion of S.W. 5th Avenue. The portion of S .W.
5th Avenue between S.W. 4th Street and S.W. 6th Street is hereby declared to
have vested in the City of Delray Beach, Florida, in accordance with Florida
Statutes Section 95. 316 ( 1).
IN WITNESS WHEREOF, I have hereunto set my h~nd and the official
seal of the City of Delray Beach, Florida, on this the 12th day of July,
1996.
Certified by:
CITY OF DP~T.RAY BEACH, FLORIDA
, :~<;S~'~i;",~;?i''~' :~ ~,.~.
, c~ ~;~:.~1 ::~ ~ ) l'r~~'~ ' ~, ',- ./
THE EFFORT ALWAYS MATTERS
Pr!nted o/~ Recycleo Paper
£1T¥ DF DELRR'/BEI:ICH
Writer's Direct Line: (407) 243-7090
DELRAY BEACH
Ali. America City MEMORANDUM
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attome~
SUBJECT: Southwest 5th Avenue Right-of-Way
A review of the City's records revealed that there was not a recorded deed or dedication
for the right-of-way for S.W. 5th Avenue from S.W. 4th Street to S.W. 6th Street.
Pursuant to Section 95.361, Florida Statutes, the right-of-way is deemed dedicated to the
City upon the recording of a survey locating the right-of-way and comaining a
certification that the City constructed, and has maintained, and monitored the right-of-
way for at least four years. The City has constructed, maintained, and monitored this
section of road for at least four years. Therefore, approval of the attached resolution is
appropriate. Upon approval, the City Clerk will record a certified survey.
Please call if you have any questions.
DNT:smk
Attachment
cc: David T. Harden, City Manager
C. Danvers Beatty, City Engineer
Scott Solomon, Superintendem of Streets
Sharon Morgan, City Clerk's Office
sw5th.dn*
$?./
Pr/nt(~d cn Recycled Paper
CI~ A~ORNEY'S OFFICE ~oo .~ ,,, ~.~. ~ .~., ,~o.,~ ,,,,,
FACSIMILE 407/278-4755
DEL~Y B~CH
~ ci~ ~MO~~
1993
-- TO: DaSd T. H~deu, Ci~ M~ger
~OM: David N. Tolces, ~sis~t Ci~ ARom~
SUBJECT: S.W. 5th Avenue Right-of-Way Resolution
Dan Beatty was able to discuss the road survey with Manny Gutierrez. It appears that
what is shown on the survey is the right-of-way as it currently exists in the .field based
on the property comers found by the surveyor. However, neither the surveyor nor staff
could fred documents in the public records which supports the location of the right-of-
way. The road survey, once recorded, will make the existing right-of-way public record
and protect the City's interest.
Please place the item on the June 4, 1996 agenda. If you have any questions, please
call.
DNT:smk
cc: Dan Beat/y, City Engineer '
Printe~l on Recycled Paper
[lTV OF OELRII¥ BEFI[H
Writer's Direct Line: (407) 243-7090
DELRAY BEACH
Ali. America City MEMORANDUM
1993
TO: David T. Harden, City Manager
FROM: David N. Tolces, Assistant City Attorn~
SUBJECT: $,W. 5th Avenue Right-of-Way Resolution
Dan Beatty was able to discuss the road survey with Manny Gutierrez. It appears that
what is shown on the survey is the right-of-way as it currently exists in the field based
on the property corners found by the surveyor. However, neither the surveyor nor staff
could find documents in the public records which supports the location of the right-of-
way. The road survey, once recorded, will make the existing right-of-way public record
and protect the City's interest.
Please place the item on the June 4, 1996 agenda. If you have any questions, please
call.
DNT:smk
cc: Dan Beatty, City Engineer
sw5th-1 .dnt
Printed o,'~ Recycled PL~per
[ITY OF I)ELRAY BE#I:H
Writer's Direct Line: (407) 243-7090
DELRAY BEACH
Ali.America City MEMORANDUM
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Southwest 5th Avenue Right-of-Way
A review of the City's records revealed that there was not a recorded deed or dedication
for the right-of-way for S.W. 5th Avenue from S.W. 4th Street to S.W. 6th Street.
Pursuant to Section 95.361, Florida Statutes, the right-of-way is deemed dedicated to the
City upon the recording of a survey locating the right-of-way and containing a
certification that the City constructed, and has maintained, and monitored the right-of-
way for at least four years. The City has constructed, maintained, and monitored this
section of road for at least four years. Therefore, approval of the attached resolution is
appropriate. Upon approval, the City Clerk will record a certified survey.
Please call if you have any questions.
DNT:smk
Attachment
cc: David T. Harden, City Manager
C. Danvers Beatty, City Engineer
Scott Solomon, Superintendent of Streets
Sharon Morgan, City Clerk's Office
sw5th.dnt
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE
CITY CLERK TO CERTIFY A SURVEY OF A PORTION OF 5TH
AVENUE, RECITING THE FACT THAT RIGHT TITLE EASEMENT
AND APPURTENANCES IN AND TO SUCH ROAD HAVE VESTED IN
THE CITY OF DELRAY BEACH, FLORIDA; DIRECTING THE CITY
CLERK TO FILE SUCH A SURVEY IN THE OFFICE OF THE CLERK
OF THE CIRCUIT COURT OF PALM BEACH COUNTY.
WHEREAS, the City of Delray Beach, Florida, has constructed S.W. 5th Avenue extending
from Southwest 4th Street to Southwest 6th Street; and
WHEREAS, such road is known as S.W. 5th Avenue and has been maintained by the City in
accordance with the City's standards and practices for monitoring and maintaining its roads; and
WHEREAS, the road has been in existence, monitored, maintained and used continuously
and unintermptedly as a City road for a period well in excess of four years; and
WHEREAS, Florida Statute 95.361 provides that such roads shall be deemed to be dedicated
to the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Mayor and City Clerk are hereby authorized to file a survey of S.W. 5th
Avenue from Southwest 4th Street to Southwest 6th Street, reciting that such road has been maintained in
accordance with City standard procedures for maintaining City roads, continuously and uninterruptedly for
a period of at least four years.
Section 2. That the City Clerk is hereby directed to record the survey of S.W. 5th Avenue
with a recitation state above and certified by the Mayor and City Clerk.
PASSED AND ADOPTED in regular session on the day of ,
1996.
ATTEST: M A Y O R
City Clerk
: :il/:'i'. ;iffy Commissioners [~'-~"~V~[~ ..... I County Administrator
· i::':i:!!i~ii!i~Y~r, Chairman Robert Weisman
Z~i !~?~'nson, Vice Chairman
: ~i~T. Marcus ~ ~I'[Y C~[~[~ ! Department of Engineering
~arol A. Roberts
Warren H. Newel] and Public Works
Mary McCarty
Maude Ford Lee
February 13, 1996
City of Delray Beach
100 N.W. 1st Avenue
D~i~a~ Beach, Florida 33444
Attention: Alison McGregor Harty, City Clerk
Subject: PALM BEACH COUNTY PROJECT NO. 96009-009
S 50' OF THE E. 86' OF THE W ½, E ½, N ½
LOT 1, PLAT BOOK 1, PAGE 4 SECTION 20,
TOWNSHIP 46, RANGE 43
Dear Ms. Harry:
Palm Beach County has taken Title to the parcel of property
described above by Tax Deed. In plotting the Deed, it is evident
that the easterly 25 feet is currently being used as road right-of-
way for S.W. 5th Avenue. The Plat of Rosemont Gardens Unit B (Plat
Book 29, Page 101) adjacent to our parcel to the south shows a 25'
west one half width of S.W. 5th Avenue. The Plat to the east
"Sundy and Tenbrook Addition"(Plat Book 12, Page 32) shows a 10
foot one half width on the east side of S.W. 5th Avenue.
A review of the record reveals no provision for right-of-way being
made after August 14, 1945. At that time a disposal of lands was
made'by the Trustees of the Internal Improvement Fund of the State
of Florida of a tract parent to ours to David Johnson.
The owner of Lot 13, Block 4, of said Rosemont Gardens, adjacent to
our parcel to the south, has expressed interest in purchasing our
interest in the subject parcel. We are therefore interested in
resolving the right-of-way issue.
If the City has improved and maintained the road, it no doubt has
established at least a prescriptive right to the maintained area.
The County has a statutory right to claim right-of-way by
maintenance and I would assume the City enjoys similar rights. If
by prescription, maintenance or Deed, the City has taken possession
of this right-of-way, we would appreciate knowing the status as
soon as possible.
"An Equal Opportunity - Affirmative Action Employer"
Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000
MEMORANDUM
TO: Sue Kiminas, City Attorney's Office
FR~M: Alison MacGregor Harty, City Clerk ~
S~: S.W. 5th Avenue R/O/W Survey
DATE: July 31, 1996
Attached is a copy of the recorded certification and resolution and the
original recorded survey for the portion of S.W. 5th Avenue.
I suggest you have two copies made of the survey; one to forward to the
County aD~ one for your file. Please return the original recorded survey
to me.
Thank you for your assistance.
Attachments
pe, L r~a¥, S,~SH
'~11~?
1993
[lTV OF
~"'~ CITY CLERK ~oo ~.w. ~ ~w~ · ~.~ .~o.. ~o~,~ ~.~. ~o~.~ooo
~l-~i~C~
1993
I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, do
hereby certify that the attached document is a true and correct copy of
Resolution No. 38-96, as the same was passed and adopted in special session
by the Delray Beach City Commission on June 11, 1996, together with a
right-of-way survey for a portion of S.W. 5th Avenue. The portion of S.W.
5th Avenue between S.W. 4th Street and S.W. 6th Street is hereby declared to
have vested in the City of Delray Beach, Florida, in accordance with FlOrida
Statutes Section 95.316(!).
IN WITNESS WHEREOF, I have hereunto set my hand am~ the official
seal of the City of Delray Beach, Florida, on this the 12th day of July,
1996.
Certified by:
CITY OF DELRAY BEACH, FLORIDA
AT~EST:
THE EFFORT ALWAYS MATTERS
Printe¢ on Recycle~' Pa~er