Res 35-95 RESOLUTION NO. 35-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELKAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF AN AI.I.EY RIGHT-OF-WAY
WITHIN BLOCK 1, OSCEOLA PARK, AS RECORDED IN
PLAT BOOK 3, PAGE 2, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, BUT RESERVING AND RETAINING
TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE
AREA THEREOF, AND BEING MORE PARTICULARLY
DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a portion of an alley right-of-way lying within Block 1, Osceola Park, located
between SE 5* Avenue and SE 6th Avenue, as more particrdarly described herein; and
WHEREAS, the application for abandonment of a portion of said alley right-of-way
was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-of-Way", of the Land
Development Regulations for 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 February 27, 1995, and
recommended 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 right-of-way, but retaining
and reserving to the City a utility easement over the entire area thereof for the purpose of emergency
access and constructing and/or maintaining either over or under the surface poles, wires, pipes,
sewers, drains or other facilities used for various public utilities whether owned by the City or
private corporations, 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, but retaining and reserving to the City of Delray Beach, Florida, a utility easement
over the entire area thereof for the purpose of emergency access and constructing and/or
maintaining either over or under the surface poles, wires, pipes, sewers, drains or other facilities used
Res. No. 35-95
for various public utilities whether owned by the City or private corporations, more particularly
described as follows:
That part of the alley right-of-way lying south of and adjacent to Lots
1 and 2, Block 1, OSCEOLA PARK, as recorded in Plat Book 3,
Page 2 of the Public Records of Palm Beach Count, Florida,
described as follows:
Begin at the Southeast comer of said Lot 2, Block 1; thence North 90
degrees 00' 00" West, along the South line of Lots 1 and 2, 135.50
feet to a line 5.00 feet east of and parallel with the West line of Lot 1,
Block 1; thence South 0 degrees 29' 30" West, along said parallel line,
20.00 feet to a line 20.00 feet south of and parallel with the South line
of Lots 1 and 2, Block 1; thence North 90 degrees 00' 00" East, along
said parallel line, 135.50 feet to the intersection with the Southerly
extension of the East line of Lot 2, Block 1; thence North 0 degrees
29' 30" East, along said extension, 20.00 feet to the said Point of
Beginning.
Containing 2,710 square feet, more or less.
PASSED AND ADOPTED m regular session on this the 18th day of April, 1995.
MAYOR
City Clerk
2 Res. No. 35-95
ABANDONMENT
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
RESOLUTION NO. 35-95
DATE: APRIL 14, 1995
This is before the Commission to adopt a resolution abandoning a
portion of the 20 foot alley right-of-way lying within Block 1,
Osceola Park, located between S.E. 5th and 6th Avenues, south of
S.E. 4th Street.
In December, 1994, the adjacent property to the north (Dave's
Auto Body) petitioned to abandon the west 135 feet of the
northern east/west alley. If abandoned, the applicant plans to
landscape and fence the north 10 feet of the abandoned area. The
south 10 feet of the abandoned alley will remain vacant, and be
vested to the City of Delray Beach which owns the adjacent
property (Delray Women's Club).
The Planning and Zoning Board formally reviewed this item at its
meeting of February 27, 1995, and recommended approval subject to
the condition that a utility easement be provided for storm
drainage and sanitary sewer mains, and that fence and landscaping
improvements shall be installed.
-Recommend approval of the abandonment of the west 135 feet of the
northern east/west alley within Block 1, Osceola Park through
enactment of Resolution No. 35-95 subject to the remaining
condition that fence and landscaping improvements shall be
installed.
RESOLUTION NO. 35-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF AN ALLEY RIGHT-OF-WAY WITHIN BLOCK 1,
OSCEOLA PARK, AS RECORDED IN PLAT BOOK 3, PAGE 2,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BUT
RESERVING AND RETAINING TO THE CITY A UTILITY
EASEMENT OVER THE ENTIRE AREA THEREOF, AND BEING MORE
PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an
application for abandonment of a portion of an alley right-of-way
lying within Block 1, Osceola Park, located between S.E. 5th Avenue
and S.E. 6th Avenue, as more particularly described herein; and
WHEREAS, the application for abandonment of a portion of
said alley 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 item on February 27, 1995, and recommended 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
right-of-way, but retaining and reserving to the City a utility
easement over the entire area thereof for the purpose of emergency
access and constructing and/or maintaining either over or under the
surface poles, wires, pipes, sewers, drains or other facilities used
for various public utilities whether owned by the City or private
corporations, 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, but retaining and reserving to the City of Delray Beach,
Florida, a utility easement .over the entire area thereof for the
purpose of emergency access and constructing and/or maintaining either
over or under the surface poles, wires, pipes, sewers, drains or other
facilities used for various public utilities whether owned by the City
or private corporations, more particularly described as follows:
That part of the alley right-of-way lying south of
and adjacent to Lots ! and 2, Block 1, OSCEOLA PARK,
as recorded in Plat Book 3, Page 2 of the Public
Records of Palm Beach County, Florida, described as
follows:
Begin at the Southeast corner of said Lot 2, Block 1;
thence North 90 degrees 00' 00" West, along the South
line of Lots ! and 2, 135.50 feet to a line 5.00 feet
east of and parallel with the West line of Lot 1,
Block 1; thence South 0 degrees 29' 30" West, along
said parallel line, 20.00 feet to a line 20.00 feet
south of and parallel with the South line of Lots !
and 2, Block 1; thence North 90 degrees 00' 00" East,
along said parallel line, 135.50 feet to the
intersection with the Southerly extension of the East
line of Lot 2, Block 1; thence North 0 degrees 29'
30" East, along said extension, 20.00 feet to the
said Point of Beginning.
Containing 2,710 square feet, more or less.
PASSED AND ADOPTED in regular session on this the 18th day
of April, 1995.
ATTEST:
~City Cl~k !
- 2 - Res. No. 35-95
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: SP NZNG & ZONING
DIANE DOM~NGUEZ,
FROM: "STEVEN E. T~LUR
PLANNER
SUBJECT: MEETING OF APRIL 18, 1995
ABANDONMENT OF A PORTION OF ALLEY RIGHT-OF-WAY WITHIN
BLOCK 1, OSCEOLA PARK **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 a 20' alley
right-of-way within Block 1, Osceola Park.
The subject right-of-way is located between S.E. 5th Avenue
and S.E. 6th Avenue, south of S.E. 4th Street.
BACKGROUND:
The subject alley was dedicated with the recordation of the
Osceola Park Subdivision in January, 1913. To date only the
eastern portion of the alley has been improved, which provides
access to City Lift Station #1.
In December, 1994, the adjacent property owner to north (Dave's
Auto Body) submitted a petition to abandon the west 135 ft. of
the northern east/west alley within Block 1, Osceola Park. If
abandoned, the applicant plans to landscape and fence the
north 10' of the abandoned area. The south 10' of the abandoned
alley will remain vacant and be vested to the City of Delray
Beach, which owns the adjacent property (Delray Women's Club).
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of February 27, 1995. The Board recommended approval
subject to the following conditions:
1. That a utility easement be provided over the entire
abandonment area to accommodate the existing storm
drainage and sanitary sewer mains, and
City Commission Documentation
Osceola Park Alley Abandonment
Page 2
2. That prior to scheduling the abandonment for City
Commission consideration, a site plan be submitted
which shows the new fence and landscaping for Dave's
Auto Body.
The easement will be provided with the resolution for
abandonment and the applicant has provided the aforementioned
site plan.
RECOMMEND ED ACTION:
By motion, approve the abandonment of the west 135 ft. of the
northern east/west alley within Block 1, Osceola Park through
the enactment of Resolution ~-95, subject to the following
condition:
* That prior to recording the abondonment resolution,
the fence and landscaping improvements shall be
installed.
Attachment:
* Location Map, Reduced Survey & Reduced Site Plan
Y:OSPKCC.DOC
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01/21/91~ WED 14:42 FA~ 561 2~.~%..$774 CITY CLERK --'~, · [~001
CITY CLERK'S OFFICE
CITY OF DELRAY BEACH
100 N.W. 1ST AVENUE
DELRAY BEACH, FL 33444
- $61-243-7050
FROM~ NAME OF SENDER ~
DIRECT PHONE LINE 243--7 gi)o'-.~Z
FAX NUMBER 561-243-3774
TOTAL NUMBER OF. PAGES (INCLUDING COVER SHEET)
COMMENTS:
' 0'1/21/98 WED 14:42 FAT 561 ~3774 CITY CLERK /C~..., ~002
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
RESOLUTION NQ. 35-95
DATE: ~-PRIL 14, 1995
This is before the Commission to adopt a resolution abandoning a
portion of the 20 foot alley right-of-way lying within Block 1,
Osceola Park, located between S.E. 5th and 6th Avenues, south of
S.E. 4th street.
In December, 1994, the adjacent property to the north (Dave's
Auto Body) petitioned to abandon the west 135 feet of the
northern east/west alley. If abandoned, the 'applicant plans to
landscape and fence the north 10 feet of the abandoned area. The
south 10 feet of the abandoned alley will remain vacant, and be
vested to the City of Delray Beach which owns the adjacent
property (Delray Women's Club).
The Planning and Zoning Board formally reviewed this item at its
meeting of February 27, 1995, and recommended approval subject to
the condition that a utility easement be provided for storm
drainage and sanitary sewer mains, and that fence and landscaping
improvements shall be installed.
-Recommend approval of the abandonment of the west 135 feet of the
northern east/west alley within Block 1, Osceola Park through
enactment of Resolution No. 35-95 subject to the remaining
condition that fence and landscaping improvements shall be
installed.
0i/2i/98 WED i4:43 FiI 56i 2~3774 CITY CLERK
!
RESOLUTION NO. 35-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA¥ BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF AN ALLEy RIGHT-OF-WAY WITHIN BLOCK
OSCEOLA PARK, AS RECORDED IN PLAT BOOK 3, PAGE 2,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BUT
RESERVING AND RETAINING TO THE CITY A UTILITY
EASEMENT OVER THE ENTIRE AREA THEREOF, AND BEING MORE
PARTIOULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an
application for abandonment of a portion of an alley right-of-way
lying within Block 1, Osceola Park, located between S..E. 5th Avenue
and S.E. 6th Avenue, as more particularly described herein; 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 item on February 27, 1995, and recommended 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
right-of-way, but retaining and reserving to the City a utility
easement over the entire area thereof for the purpose of emergency
access and constructing and/or maintaining either over or under the
surface poles, wires, pipes, sewers, drains or other facilities used
for various public utilities whether owned by the City or private
corporations, 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:
0'1/21/98 W'ED 14:43 FAX 561 243 3774 CITY CLERK /~",~ ~004
$_e~t,%~_~ Sat pursuant to Chapter 177.101(5) and Chapter
166 of the Florida Statutes, it is hereby determined to vacate and
abandon all ri~t. and interest it holds to the following real
property, but retaining and reserving to the City of Delray Beach,
Florida, a utility easement .over the entire area thereof for the
pu~ose of emergency access and constructing and/or maintaining either
over or under the.surface poles, wires, pipes, sewers, drains or other
facilities used for various public utilities whether owned by the City
or private co~orations, more particularly described as follows:
That part of ~e alley rift-of-way ly~g south of
and adjacent to Lots 1 and 2, Block 1, OSCEOLA PARK,
as recorded .in Plat Book 3, Page 2 of the Public
Records of Palm Beach County, Florida, described as
follows:
Begin at the Sou~east corner of said-Lot 2, Block 1;
thence North 90 degrees 00' 00" West, along the South
line of Lots ! and 2, 135.50 feet to a line 5.00 feet
east of and parallel with the West line of Lot
Block 1; thence Sou~ 0 degrees 29' 30" West, along
sai~ parallel line, 20.00 feet to a line 20.00 feet
sou~ of and parallel wi~ ~e South line of Lots
and 2, Block 1; ~hence North 90 degrees 00' 00" East,
along said parallel line, 135.50 feet to the
intersection with the Southerly extension of the East
line of Lot 2, Block l; thence North 0 degrees 29'
30" East, along said extension, 20..00 feet to the
said Point of Beginning.
Containing 2,710 s~are feet, more or less.
PASSED AND ADOPTED in regular session on this the 18th day
of April, 1995.
ATTEST:
~City Cl~rk
- 2 - Res. No. 35-95
61/21/98 WED 14:44 FAX 561 ~.A.3 3774 CITY CLERK -~' ~]005
S?o
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S.F_ 4"IH ST.
.~.F... 57H ST. ·, · , ,
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$.E. 6TH ST.
ABANDONMENT
~1/21/98 ~ED 14:45 FAX $6! ~3774 CITY .CLERK ~-~., ~006
" -'- - %':"-:' ' r/~
)
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOM~NGUEZ,~/
D~~ ~%P~..ING & ZONING
SUBJECT: MEETING OF APRIL 18, 1995
ABANDONMENT OF A PORTION OF ALLEY RIGHT-OF-WAY WITHIN
BLOCK 1, OSCEOLA PARK **CONSENT A~ENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
aDDroval of the abandonment of a portion of a 20' alley
right-of-way within Block 1, Osceola Park.
The subject right-of-way is located between $.E. 5th Avenue
and S.E. 6th Avenue, south of S.E. 4th Street.
BACKGROUND:
The subject alley was dedicated with the recordation of the
Osceola Park Subdivision in January, 1913. To date only the
eastern portion of the alley has been improved, which provides
access to City Lift Station ~1.
In December, 1994, the adjacent property owner to north (Dave's
Auto Body) submitted a petition to' abandon the west 135 ft. of
the northern east/west alley within Block 1, Osceola Park. If
abandoned, the applicant plans to landscape and fence the
north 10' of the abandoned area. The south 10' of the abandoned
alley will remain vacant and be ~ested to the City of Delray
Beach, which owns the adjacent property (Delray Women's Club).
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally r~viewed this item at its
meeting of February 27, 1995. The Board recommended approval
subject to the following conditions:
1. That a utility easement be provided over the entire
abandonment area to accommodate the existing storm
drainage and sanitary sewer mains, and
01/21/98 WED 14:46 FAX 561 ~4~ 3774 CITY CLERK ~T";, [~007
City Commission Documentation
Osceola Park Alley Abandonment
Page 2
2. That prior to scheduling the abandonment for City
Commission consideration, a site plan be submitted
which shows the new fence and landscaping for Dave's
Auto Body.
The easement will be provided with the resolution for
abandonment and the applicant has provided the aforementioned
site plan.
R E C O M M E'~ D E D A C T I O N:
By motion, approve the abandonment of the west 135 ft. of the
northern east/west alley within Block 1, Osceola Park through
the enactment of Resolution ~-95, subject to the following
condition:
* That prior to recording the abondonment resolution,
the fence and landscaping improvements shall be
installed.
Attachment: '
* Location Map, Reduced Survey & Reduced Site Plan
¥:OSPKCC.DOC
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