Res 53-95 RESOLUTION NO. 53-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF NORTHWEST 6TH AVENUE RIGHT-OF-WAY, AS MORE
PARTICULARLY DESCRIBED HEREIN, SUBJECT TO RECEIPT OF
A REPLACEMENT EASEMENT FOR EXISTING FACILITIES.
WHEREAS, the City of Delray Beach, Florida, received ah
application for abandonment of a portion of Northwest 6th Avenue,
lying between N.W. 4th Street and Lake Ida Road, as more particularly
described herein; and
WHEREAS, the application for abandonment of a portion of the
Northwest 6th Avenue 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 item on June 19, 1995, and recommended approval of the
abandonment, based upon positive findings with respect to LDR Section
2.4.6(O)(5), and subject to the condition that a replacement easement
be provided for existing facilities; 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, subject to receipt and acceptance of required utility
easements and based upon positive findings pursuant to LDR Section
2.4.6(O)(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 and acceptance of an easement deed for
existing utilities, more particularly described as follows:
That part of the South Half of Lot 5, Subdivision of
Section 8, Township 46 South, Range 43 East, Palm
Beach County, Florida, as recorded in Plat Book 1 at
Page 4 of the Public Records of Palm Beach County,
Florida, described as follows:
Commence at the Northeast corner of the West Half of
the South Half of said Lot 5; thence North 89 degrees
58' 40" West, along the North line of the South Half
of said Lot 5, 25.00 feet; thence South 0 degrees 08' I
30" East, along a line 25.00 feet West of and ~
parallel with the East line of the West Half of said
Lot 5, 40.69 feet to the South right-of-way line of
Lake Ida Road and the Point of Beginning; thence
continue South 0 degrees 08'30" East, along said
parallel line, 119.31 feet to a line 160.00 feet
south of and parallel with the North line of the
South Half of said Lot 5; thence South 89 degrees 58'
40" East, along said parallel line, 38.82 feet;
thence North 0 degrees 37' 30" West, along the East
right-of-way line of N.W. 6th Avenue, 105.44 feet to
the said South right-of-way line of Lake Ida Road and
to a point on a curve concave southerly with a radius
of 779.02 feet, a central angle of 2 degrees 58' 27"
and a chord bearing North 69 degrees 53' 39" West;
thence Westerly, along the arc of said curve and
along the South right-of-way line of Lake Ida Road,
40.44 feet to the said Point of Beginning.
Containing 0.10 acre, more or less.
PASSED AND ADOPTED in regular session on this the llth day
of July, 1995.
ATTEST:
- 2 - Res. No. 53-95
LAKE IDA ROAD
: i SPADY
SCHOOL
I'
CITY DF DELRR¥ BER[H
CLERK
AIl-l~ericaCity
I !! I IIII I!111 IIEII I I II!
¢ E ~T I F ]: ¢~T I O~
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. 53-95,
vacating and abandoning a portion of Northwest 6th Avenue
right-of-way, as the same was passed and adopted by the Delray
Beach City Commission in regular session on July 11, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
23rd day of October, 1995.
r~'' ' Ali~s0n Ma~Gr-egor ~a~ty '
- ~',~'~"~ Ct~ City Clerk
~' ~"'i ...... '~,)'o City of Delray Beach, Florida
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THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~.~. - MEETING OF JULY 11, 1995
RESOLUTION NO. 53-95 (ABANDONMENT OF A PORTION OF N.W.
6TH AVENUE) AND WAIVER OF REQUIREMENT TO PLAT
DATE: JULY 7, 1995
This is before the Commission to approve Resolution No. 53-95
abandoning a portion of N.W. 6th Avenue right-of-way located
between N.W. 4th Street and Lake Ida Road immediately west of the
Community Child Care Center.
The subject right-of-way is located between property owned by the
Community Child Care Center. In order to proceed with plans to
expand the center, the right-of-way must be abandoned. N.W. 6th
Avenue between N.W. 4th Street and Lake Ida Road was planned as a
northerly extension up to Lake Ida Road. However, the road was
never constructed and there are no plans to extend N.W. 6th
Avenue on this unimproved right-of-way.
The Planning and Zoning Board recommended approval of the
abandonment at its June 19, 1995 meeting, subject to providing
utility easements to cover the existing water main, Southern Bell
line, and FPL line. The Board also recommended approval of a
waiver to the LDR Section 2.4.6(0) (3) (e) requirement to replat
abandoned right-of-way and the receiving property subject to
providing a Unity of Title binding the Child Care Center holdings
and the abandoned right-of-way.
Recommend approval as follows: (1) approve Resolution No. 53-95
abandoning a portion of the N.W. 6th Avenue right-of-way based on
positive findings with respect to LDR Section 2.4.6(0) (5),
subject to utility easements being provided to cover existing
facilities; and (2) approve the waiver of LDR Section 2.4.6(0)
(3) (e) requiring the abandoned property to be platted, subject to
the condition that a Unity of Title be recorded which binds the
Child Care Center holdings and the abandoned right-of-way.
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
NNING AND ZONING
FROM: ~ STEVENE. TAYI_GDR
PLANNER
SUBJECT: MEETING OF JULY 11, 1995
ABANDONMENT OF PORTION OF N.W. 6TH AVENUE
RIGHT-OF-WAY **CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of a request for
the abandonment of a portion of the N.W. 6th Avenue right-of-way
pursuant to LDR Section 2.4.6(0). The subject right-of-way is located
between N.W. 4th Street and Lake Ida Road.
BACKGROUND:
N.W. 6th Avenue between N.W. 4th Street and Lake Ida Road was planned as
an a northerly extension to Lake Ida Road. The road was never constructed,
and there are no plans to extend this unimproved right-of-way.
The subject right-of-way is located between property owned by the Community
Child Care Center. In order to proceed with plans to expand the current facility
onto their vacant parcel west of the subject right-of-way, the right-of-way must be
abandoned. The attached Planning and Zoning Board report provides a more
complete analysis of the proposal.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its meeting of June 19,
1995. The Board voted to recommend approval of the abandonment, subject to
providing utility easements to cover the existing water main, Southern Bell line,
and FPL line prior to scheduling the abandonment for City Commission approval.
City Commission Documentation
N.W. 6th Avenue Abandonment
Page 2
The Board also recommended approval of a waiver to LDR Section
2.4.6(O)(3)(e), the requirement to plat abandoned property, subject to providing
a Unity of Title binding the Child Care facility holdings and the abandoned right-
of-way.
RECOMMENDED ACTION:
By separate motions,
1. Approve the waiver of LDR Section 2.4.6(O)(3)(e), the requirement to plat
abandoned property, subject to the following condition:
· That a Unity of Title be recorded which binds the Child Care facility
holdings and the abandoned right-of-way.
2. Approve the request to abandon a portion of the N.W. 6th Avenue right-of-
way pursuant to positive findings with respect to LDR Section 2.4.6(0)(5),
subject to the following condition:
· That utility easements be provided to cover the existing water main,
Southern Bell line, and FPL line, prior to scheduling the
abandonment for City Commission approval.
Attachments:
· Location Map & Reduced Survey
· P & Z Board Staff Report
U:NW6AVCC.DOC
PLANNING & ZONING BOARD
CITY OF DELRAY BEACH STAFF REPORT---
MEETING DATE: June 19, 1995
AGENDA ITEM: III.C.
ITEM: Abandonment of Right-of-way for a Portion of N.W. 6th Avenue Lying South
of Lake Ida Road and Immediately West of the. Community Child Care Facility.
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GENERAL DATA:
Owner. ...................................... City Of Delray Beach
Applicant. .................................. Community Child Care Center of Delray Beach, Inc.
Agent. ....................................... Dorothy Ellington
Location .................................... NW 6th Avenue right-of-way, between NW 4th Street and Lake
Ida Road.
Property Size ............................ 0.10 Acre
City Land Use Plan ................... None
Adjacent Zoning ............... North: R-l-AA (Single Family Residential)
East: CF (Community Facilities)
South: R-1-A (Single Family Residential)
West: R-1-A
Existing Land Use ..................... Unimproved street right-of-way.
Development Proposal .............. Abandonment of an unimproved
39 foot street right-of-way.
Water Service ........................... n/a
Sewer Service ........................... n/a.
IIT .C.
The item before the Board is the recommendation to the City Commission for the
proposed abandonment of a portion of the N.W. 6th Avenue right-of-way. The subject
right-of-way is located between N.W. 4th Street and Lake Ida Road.
This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0),
Abandonment of Rights-of-Way.
The subject right-of-way was dedicated in part by fight-of-way deed (from Lot 57 to the
west) and by plat (Community Child Care Center to the east). While the right-of-way
was planned as an extension of N.W. 6th Avenue from N.W. 4th Street to Lake Ida Road,
the road was not constructed. The area surrounding the right-of-way has been developed
with single family homes.
In May, 1995, a petition was received by the Planning and Zoning Department to
abandon a portion of the N.W. 6th Avenue right-of-way, as referenced above. The
abandonment petition was submitted by the Community Child Care Center, located east
of the subject right-of-way. The stated reason for the proposed abandonment is to expand
the existing facility across the right-of-way to property located directly west of the right- -
of-way, which the child care center owns.
The subject right-of-way is approximately 39' x 112' (4368 sq. f~.). Currently, the right-
of-way is unimproved and is not used for access..
To the north of the right-of-way is Lake Ida Road, to the south is N.W. 4th Street, to the
west are single family residences, and to the east is the Community Child Care Center.
To the north, south, and west of the subject right-of-way is R-lA (Single Family
Residential) ahd to the east is CF (Community Facilities).
Based upon the survey that was submitted concurrently with the abandonment petition,
the right-of-way is unimproved except for a 5' sidewalk. There is also a 6" water main,
Southern Bell line, and FPL line located within the southernmost area of the right-of-way.
No other public facilities are located within the abandonment area. The City's
Environmental Services Department has no objections to the abandonment, provided an
easement is dedicated for the water main.
P & Z Staff Report
N.W. 6th Avenue Abandonment
Page 2
Southern Bell and Florida, Power and Light have also given their release provided
easements are located to accommodate their existing lines. 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 also has no objection to the abandonment.
Normally, abandonments that create a street end must provide an adequate turn around
area. This is due to the need for sufficient maneuvering area for emergency vehicles. In
this case, right-of-way exists to the south and west of the abandonment area which will
provide adequate emergency access.
Furthermore, when right-of-way is abandoned, the right-of-way area is usually divided
along the centerline and returned equally to the adjacent property owners. In this
situation, the subject right-of-way area was dedicated in part by deed from the property
directly west of N.W. 6th Avenue and from the Community Child Care Center directly
east of N.W. 6th Avenue. Both parcels are owned by the Child Care Center, which will
receive the entire abandoned area.
Pursuant to LDR Section 2.4.6(O)(3)(e), abandonments of rights-of-way, if approved,
shall be consummated by a replat of the receiving properties. In this instance both
properties on either side of the subject fight-of-way are owned by the Community Child
Care Center. All of the center's property is being combined for the expressed purpose of
expanding the existing child care facility across the right-of-way onto the adjacent
property. The property will be effectively combined by the child care building's
expansion. Based upon the above, a waiver to the platting requirement is appropriate.
Prior to any fight-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.
Currently, there are no plans to extend N.W. 6th Avenue north to Lake Ida Road.
The existing water main, Southern Bell line, and FPL line within the right-of-way
will be accommodated by easements. Therefore, there will be no need for the use
of the right-of-way for any public purpose.
B) That the abandonment does not, nor will not, prevent access
to a lot of record.
P & Z Staff Report
N.W. 6th Avenue Abandonment
Page 3
Access to existing lots of record will not be affected by this abandonment as the
surrounding properties east and west of the subject right-of-way have legal access
from N.W 4th Street and from Lake Ida Road.
C) That the abandonment will not resuR 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 water main and FPL line
located within the subject right-of-way. Access to adjacent properties is provided
from N.W. 4th Street and Lake Ida Road. Therefore, no detriment will result for
the provision of access or utility services from the proposed abandonment.
This abandonment was reviewed by the Community Redevelopment Agency at its
meeting of June 8, 1995. The Agency transmitted a recommendation of approval for the
subject abandonment.
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The subject right-of-way is vacant and has never been used for access. No plans exist to
extend the right-of-way to Lake Ida Road. The only facilities within the abandonment
area are a water main, Southern Bell line, and FPL line located at the southern end, which
will be accommodated with easements. The right-of-way does not provide access to any
property. Considering these facts, it is appropriate to consider this abandonment.
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.
P & Z Staff Report
N.W. 6th Avenue Abandonment
Page 4
Waiver:
By motion, recommend approval to the City Commission to waive LDR Section
2.4.6(O)(3)(e), the requirement to plat.
Abandoment;
By motion, pursuant to positive findings with respect to LDR Section 2.4.6(O)(5),
transmit a recommendation of approval to the City Commission for the abandonment of a ~
portion of the N.W. 6th Avenue right-of-way, subject to the following condition:
1. That utility easements be provided to cover the existing
water main, Southern Bell line, and FPL line, prior to scheduling
the abandonment for City Commission approval.
Attachments
Location Map & Reduced Survey
Y:6THAVPZ.DOC