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Res 03-95 RESOLUTION NO. 3-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF SOUTHEAST 4TH STREET, AS SHOWN ON THE PLAT OF MAP OF THE TOWN OF LINTON (NOW DELRAY BEACH), AS RECORDED IN PLAT BOOK 1, PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS: the City of De!ray Beach, Florida, received an application for abandonment of a portion of Southeast 4th Street, lying' between S.E. 7th Avenue and the Intracoastal Waterway, as more particularly described herein; and WHEREAS, the application for abandonment of a portion of Southeast 4th Street 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 item on December 19, 1994, and recommended approval of the abandonment be approved, based upon positive findings pursuant to LDR Section 2.4.6(O)(5); and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no long.er 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, subject to receipt of required utility .easements and 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, subject to receipt of required utility easements, more particularly described as follows: That part of Southeast 4th Street (formerly Watson Street), as shown on the Plat of Map of the Town of Linton (now Delray Beach), as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida, described as follows: Co~ence at the Southwest corner of Block 128 of the said Plat of Map of the Town of Linton; thence North 90 degrees 00' 00" East, along the South line of said Block 128, 20.00 feet to the Point of Beginning; thence continue North 90 degrees 00' 00" East, along said South line, 130.01 feet to the West right-of-way line of the Intracoastal Wate~ay, as shown on the Plat thereof recorded in Plat Book 17, Page 16B of the Public Records of Palm Beach County, .Florida; thence South 0 degrees 50' 02" West, along said West right-of-way line, 25.00 feet to a line 25.00 feet south of and parallel with the South line of said Block 128; thence North 90 degrees 00' 00" West, along said parallel line, 129.21 feet to the intersection with a line 20.00 feet East of and parallel with the West line of said Block 128; thence North ! degree 00' 30" West, along said parallel line, 25.00 feet to the said Point of Beginning. Containing 3,250 square feet, more or less. PASSED AND ADOPTED in regular session on this the 17th day of January, 1995. ATTEST: ~Xty ~le~k ' - 2 - Res. No. 3-95 ! ,,. 7 I ' --:-_ S.E.. 2ND ST. ' .._J .-- II',IGRAH AM '1 SI. CASLIARINA BUCIDA RD. ~ ABANDONMENT [lTV aF DELRI; Eg£H DFLR^Y BE^C~ CITY CLERKv ,ooN.w. Is, AVENUE · DELRAYBEACH, FLORIDA 33444 · 407/243°7000 Ali.America City 1993 ¢ E gT I 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. 3-95, vacating and abandoning a portion of Southeast 4th Street, as the same was passed and adopted by the City Commission of the City of Delray Beach in regular session on January 17, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 24th day of March, 1995. Alison Ma6Greg6~r ~arty .,,,,::,' :<~¢~.~ - . ?:;:-' ~ ~:~ ? ~::.?~., City Clerk ~,~',.,--~ ~ ~"~',. ,~-~ City of Delray Beach, Florida ",.',':~ ~ '. 2': ~ '/ . : ,-,$' t ~ THE EFFORT ALWAYS MATTERS Prtnted on Recycled Paper :sseJppv MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ ~'~' - MEETING OF JANUARY 17, 1995 RESOLUTION NO. 3-95/ABANDONMENT OF A PORTION OF S.E. 4TH STREET DATE: JANUARY 12, 1995 This is before the Commission to adopt Resolution No. 3-95 which abandons a portion of the S.E. 4th Street right-of-way lying between S.E. 7th Avenue and the Intracoastal Waterway. The homeowner to the north submitted the abandonment petition to provide a conforming side yard setback for an intended addition to the existing residence. The subject right-of-way is approximately 25 feet by 130 feet, or 3,250 square feet. It is unimproved and appears to be part of the adjacent owner's yard. There is a rock and rubble seawall at the east end of the right-of-way. Environmental Services advises that the existing seawall is in poor condition and is not conducive to public access. Policy B-1.2 of the Comprehensive Plan states that additional marina facilities and waterway access shall be provided. A recent study by the Planning Department of public rights-of'way which extend to the Intracoastal Waterway concludes that the overall policy of the City should be that the street ends not be abandoned. The one identified exception to this policy is S.E. 4th Street. Abandonment of this area will not/ from a practical standpoint reduce public access to the Intracoastal Waterway. There is insufficient right-of-way to develop public access and the east end of the right-of-way is not directly adjacent to the seawall, thereby preventing pedestrian access to the waterway. The Planning and Zoning Board formally reviewed this item at its meeting of December 19, 1994, and recommended approval subject to the provision of replacement easements to cover the existing utilities and written verification from the receiving property owner of his understanding that maintenance of the adjacent seawall will now become a private expense. Acceptance of the easements is an item on tonight's agenda. The maintenance statement has been received and approved by the City Attorney. Recommend approval of Resolution No. 3-95 abandoning a portion of S.E. 4th Street, lying between S.E. 7th Avenue and the Intracoastal Waterway. ref:agmemo4 ~0~~ O'~Q ~ CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER PLANNER SUBJECT: MEETING OF GANUARY 17, 1995 ABANDONMENT OF S.E. 4TH STREET RIGHT-OF-WAY **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the abandonment of a portion of the S.E. 4th Street right-of-way. The right-of-way is located between S.E. 7th Avenue and the Intracoastal Waterway. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6.(0), Abandonment of Rights-of-Way. B A C K G R O U N D: The subject right-of-way was dedicated by the Town of Linton Plat, recorded in July, 1896. The right-of-way separates Block 128, Town of Linton (to the north from Block 1, Osceola Park (to the south). The area surrounding the right-of-way has been developed with single family homes. The single family homeowner to the north submitted the abandonment petition. The stated reason reason for the proposed abandonment is to provide a conforming side yard setback for an intended addition to the owner's residence. For additional information and analysis, please refer to the attached Planning and Zoning Board Staff Report. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of December 19, 1994. The Board recommended approval of the subject abandonment, pursuant to the following conditions: 1. That utility easements be provided to cover the existing FPL lines and storm drainage facilities, prior to scheduling the abandonment for City Commission approval; and City Commission Documentation Abandonment of S.E. 4th Street Page 2 2. That the receiving property owner (south 70 feet of Block 128) provide written verification of his understanding that the maintenance of the adjacent seawall shall now become a private expense. The easement and maintenance statement have been received and approved by the City Attorney's Office. R E C 0 M M E N D E D A C T I 0 N: By motion, approve the abandonment of the portion of S.E. 4th Street, lying between S.E. 7th Avenue and the Intracoastal Waterway, based upon positive findings pursuant to LDR Section 2.4.6(0)(5). Attachment: * P&Z Staff Report, Location Map, Reduced Survey T:SE4STCC.DOC ,PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT--- MEETING DATE: December 19, 1994 AGENDA ITEM: III. A. ITEM: Abandonment of Right-of-way for S.E. 4th Street lying between $.E. 7th Avenue and the Intracoastal Waterway. GENERAL DATA: ::::;I h-I 5.E. 2ND ST. Owner .................... City of Delray Beach Applicant ................ William and Mabel McDonough Agent .................... Robert W. Federspiel Location ................. SE 4th Street right- of-way, between SE 7th · ~-- Avenue and the ICWW. Property Size ............ 3250 square feet. City Land Use Plan ....... Low Density Residential City Zoning .............. R-l-AA (Single Family Residential) Existing Land Use ........ Unimproved street right- of-way. Request .................. Abandonment of 25 foot by 130.01 foot alley right-of-way between SE 7th Avenue and the ICWW. II1 .A. I T E M BEFORE THE BOARD : The item before the Board is the recommendation to the City Commission for the proposed abandonment of a portion of the S.E. 4th Street right-of-way. The subject right-of-way is located between S.E. 7th Avenue and the Intracoastal Waterway. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(O), Abandonment of Rights-of-Way. BACKGROUND : The subject right-of-way was dedicated by the Town of Linton Plat, recorded in July, 1896. The right-of-way separates Block 128, Town of Linton (to the north) from Block 1, Osceola Park (to the south). The area surrounding the right-of-way has been developed with single family homes. On November 4, 1994 a petition was received by the Planning and Zoning Department to abandon a portion of the S.E. 4th Street right-of-way, as referenced above. The abandonment petition was submitted by the owner of the lot to the north of the right-of-way section. The stated reason for the proposed abandonment is to provide a conforming side yard setback for an intended addition to the owner's single family residence. ABANDONMENT DESCRIPTION: The subject right-of-way is approximately 25' x 130' (3250 sq. ft.). Currently, the right-of-way is unimproved and appears to be a part of the adjacent owner's yard. To the north and south of the right-of-way are single family residences, to the east is the Intracoastal Waterway Canal, and to the west is the $.E. 7th Avenue right-of-way. Zoning to the north, east, south, and west of the subject right-of-way is R-1AA (Single Family Residential). ABANDONMENT ANALY S I S : Based upon the survey that was submitted concurrently with the abandonment petition, the right-of-way is unimproved except for a private parking space. There are Florida Power and Light and drainage structures located within the right-of-way area. At the east end of the right-of-way there is also a rock and rubble seawall. Florida, Power, and Light and the City's Environmental Services Department have no objections to the abandonment, provided easements are dedicated for their facilities. Environmental Services has also provided notification that the existing seawall is in poor condition and is not conducive to public access. P & Z Staff Report S.E. 4th Street Abandonment Page 2 Maintenance of the seawall is a currently a City burden and if the right-of-way is abandoned, the adjacent property owners will be responsible for its maintenance. Southern Bell, Leadership Cable, and Florida Public Utilities (gas) have no facilities within the right-of-way and have given their release. The City of Delray's Fire Department has provided their objection. This objection is based upon maintaining access to the Intracoastal Waterway, which is addressed in the following section. Pursuant to the City's Comprehensive Plan Policy B-1.2, additional marina facilities and waterway access shall be provided. While not specifically stated, the above policy has generally been interpreted to mean existing public access to the Intracoastal will be retained and/or enhanced. Recently, the Planning Department completed a study of public rights-of-way that extend to the Intracoastal Waterway. The study analyzed the size of the street ends, and their use or potential use for providing public access to the Intracoastal. Some are wide enough to potentially be modified to provide parking for people who want to view the water or fish from the canal. Given the limited public access to the Intracoastal, the existence of public facilities within many of the rights-of-way, and the need for emergency access to the waterway, the study concluded that the overall policy of the City should be that the street ends not be abandoned. The one possible exception to that policy is S.E. 4th Street. The subject area consists of a 25 ft. right-of-way, which is essentially half of a road section. Records indicate that right-of-way was dedicated from one plat to the north (Town of Linton), but no right-of-way was dedicated from the plat to the south (Osceola Park). Therefore, sufficient right-of-way does not exist to develop an improved street end. It is not evident to the public that the area is public right-of-way as it has been used by the southern property owner as a parking space. If the abandonment is approved, this parking area will become part of the lot to the north. The owner to the south of the right-of-way has alternative paved access to his property from S.E. 7th Avenue. Abandonment of this area will not from a practical standpoint reduce public access to the Intracoastal, as the area appears to be private property. Furthermore, sufficient area does not exist to develop public access via parking and the east end of the right-of-way is not directly adjacent to the seawall (thereby preventing pedestrian access to the Intracoastal). With right-of-way abandonments, the right-of-way area is usually divided along the centerline and returned equally to the adjacent property owners. In this situation, the entire right-of-way area was originally dedicated from the north property within Block 128. Therefore, the southern property owner within Osceola Park will not receive any of the abandoned area. This situation was expected to cause concern from the southern property owner. However, the applicant has stated that if the abandonment is approved the right-of-way will be divided and shared as a private matter. P & Z Staff Report S.E. 4th Street Abandonment Page 3 RE QU I RE D F I ND I NGS : 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 provision of additional waterway access is addressed in general terms within the City's Comprehensive Plan. However in this case, sufficient area does not exist to provide adequate public access within 25' of right-of-way. Easements can be obtained for the existing utility facilities and no right-of-way extension is planned for this area. The maintenance of the existing seawall will be a responsibility of the adjacent property owners. Based upon the above, there is not a public need for the subject area as a right-of-way. B) That the abandonment does not, nor will not, prevent access to a lot of record. No prevention of access to existing lots of record will result from this abandonment as both properties north and south of the subject right-of-way have legal access from S.E. 7th Avenue. 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. Replacement easements will be required for the existing FPL lines and storm drainage facilities located within the subject right-of-way. Access to adjacent properties is provided from S.E. 7th Avenue. Access to the Intracoastal will be eliminated, but as it has not been evident as public access, in practical terms it is not being diminished. Therefore, no detriment will result for the provision of access or utility services from the proposed abandonment. REV I EW BY OTHERS : The property is at the southern end of the Marina Historic District. The abandonment will be reviewed by the Historic Preservation Board at its meeting of December 21, 1994. A courtesy notice was also sent to the owner south of the subject right-of-way. To date, no objections have been received. Comments from the owner to the south, if any, will be transmitted to the Planning and Zoning Board at its meeting. The Historic Preservation Board ' s recommendation will be transmitted to the City Commission with consideration of the abandonment. P & Z Staff RepoRT S.E. 4th Street Abandonment Page 4 A $ S E S S M E N T : While on the surface a case can be made to retain the subject area for additional waterway access, given its limited size, it is unlikely that usable public access would be developed within this area. The subject right-of-way area contains only a half section of road (25') and appears as a portion of the adjacent single family development. For these reasons, a finding can be made that the abandonment does not result in detriment to the provision of public access. ALTERNATIVE ACTIONS: 1. Continue with direction. 2. Recommend approval of the abandonment. 3. Recommend approval of the abandonment, pursuant to conditions. 4. Recommend denial of the abandonment with reasons stated. RECOMMENDED ACTION: By motion, transmit a recommendation of approval to the City Commission for the abandonment of S.E. 4th Street, between S.E. 7th Avenue and the Intracoastal Waterway, subject to the following conditions: 1. That utility easements be provided to cover the existing FPL lines and storm drainage facilities, prior to scheduling the abandonment for City Commission approval. 2. That the receiving property owner (south 70 feet of Block 128) provide written verification of his understanding that the maintenance of the adjacent seawall shall now become a private expense. Attachments * Location Map & Reduced Survey ¥:4T|{S'J.'PZ.DOC MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~'~' - MEETING OF JANUARY 17. 1992 ACCEPTANCE OF UTILITY EASEMENT ASSOCIATED WITH S.Eo 4TH STREET ABANDONMENT (RESOLUTION NO. DATE: JANUARY 12, 1995 This is before the Commission to accept a utility easement associated with the abandonment of a portion of S.E. 4th Street, between S.E. 7th Avenue and the Intracoastal Waterway. There are FP&L lines and City storm drainage facilities within the right-of-way to be abandoned under Resolution No. 3-95. A condition of that abandonment is a replacement utility easement for maintenance of the existing facilities. The applicant has submitted the easement, and it has been reviewed and approved by the City Attorney. A condition of this acceptance is that the initial 10 ft. easement intended to cover the storm drainage pipe within the right-of-way be changed to a 15 ft. easement. Recommend acceptance of the utility easement to cover the existing facilities within the S.E. 4th Street right-of-way, between S.E. 7th Avenue and the Intracoastal Waterway, subject to the 10 ft. easement being changed to a 15 ft. easement. ref:agmemo5 CITY COMMISSION DOCUMENTATION TO: ~VI~ T. ~?EN, CITY MANAGER THRU: DIANE DOMINGUEZ, % ~ DIR CTO O PLANNING ZONING FROM: ~STEVEN E. ~AYL~OR PLANNER ~ SUBJECT: MEETING OF JANUARY 17, 1995 ACCEPTANCE OF UTILITY EASEMENT ASSOCIATED WITH THE S.E. 4TH STREET ABANDONMENT **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of acceptance of a utility easement associated with the abandonment of a portion of the S.E. 4th Street right-of-way. The right-of-way is located between S.E. 7th Avenue and the Intracoastal Waterway. B A C K G R O U N D: In November, 1994, a petition was submitted to abandon the eastern extension of S.E. 4th Street between S.E. 7th Avenue and the Intracoastal Waterway. The abandonment petition was submitted by the property owner to the north in order to create a conforming side yard setback for an intended addition to his single family residence. During review of the abandonment petition, it was discovered that FPL lines and a City storm drainage pipe are existing within the subject right-of-way. In order to maintain these facilities an easement is required. The applicant has submitted an easement to cover the aforementioned facilities and the easement has been approved by the City Attorney's Office. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board is not required to review the acceptance of utility easements. City Commission Documentation Acceptance of Utility Easement Page 2 RECOMMEND ED ACT I ON: By motion, concurrent with the approval of the abandonment petition, accept the utility easement intended to cover the existing FPL lines and City storm drainage facilities within the S.E. 4th Street right-of-way, lying between S.E. 7th Avenue and the Intracoastal Waterway, subject to the following condition: * That the 10' easement intended to cover the existing storm drainage pipe within the right-of-way be changed to a 15' easement. Attachment: * Easement Deed & Reduced Survey T:4STESMT.DOC STATE OP FLORIDA COUNTY OF PALM BEACH THIS INDENTURE mad~ and entered into this day oX , 1995, by and between WXLLX~M McDONOUGH and MABLE K. MCDONOUGH, his wife, of the County of Palm Beach and State of Florida, Qrantors; and tho CITY OF DELRA~ BEACH, FLORIDA POWER & LIGHT COMPANY, and 8OUTH~RN BE~ TELEPHON~ AND TELEGRAPH, of the Counties of Palm B~ach, and . _, State of Florida, and , Grantees; WHEREAS, the Grantors are seized in fee simple and in possession of lands described and listed on Exhibit "A" attached hereto; and WHEREAS, Grantees request the conveyance of utility easements to them over a portion of Grantors property for utility purposes; and WHEREAS, Grantors have agreed in consideration of the sum Ten Dollars ($10.00) and other good and valuable con.ideraLiun to grant to th, Grantees and easement £or utility purposes over portions of tho ~and descr£bmd in tho attached Eahibit "A" for purposo~ and in tho manner expresssd beloW; NOW, THIS INDENTURE That, in pursuance of this agreement and in consldera~ion the su3~ of Ten Dollars ($10.00) and o:hez good and valuable consideration, receipt of which is acknowledged, Grantors grant ~to the ~rantees an easement fcr th8 purposes o£ installing, conotructing, maintaining, and repairing utilities over,f~ feet (~) on either side of the centerline of those certain existing utility lines, wires and anchors as depicted on the survey attached hereto as Exhibit "A", reserving unto Grantors all rever~£onary rights ~herein upon the abandonment of the easement or the Grantees ceasing to utilize the same. IN WIT~ESS WHEREOF, Grantors have sQt their hands and seals on the day and year first above written. William C. McDonough Mable K. McDonough STATE OF FLORIDA COUNTY OF PALM BEACH Before me this day personally appeared WILLIAM.C. McDONOUGH and M. ABLE K. McDONOUGH, who are personally knowr, to me or who produced as identification and who acknowledged before me that they executed said tnstrum~n% for the purpo~s therein expressed. WITNEOS my hand and official seal, this day of .., 1995. Notary ~ublic State of FloWida My commission expiree~ Com~l~lon NO.I ~ o ~ ~ -~ - ~ o -mozo- ~_~ ~'o~ o~ ,,,. ~,,, V.~.."~ . ~=~=~ ooo mzm-~ oro.~ ~o~ 5', .,[ h/~,~ x ~ ~... ~/~ ~, 'I K"~ ' ~ ~ ' -xI Nl~ I ii ~ ~ Ocean ; ~Z~ ....