Res 82-95 Aug-07-1998 10:59am 98--306 1 64
ORB 10568 Pg 369
RESOLUTION NO. 82-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF THE EAST/WEST ALLEY RIGHT-OF-WAY IN BLOCK
85, TOWN OF DELRAY, AS MORE PARTICULARLY DESCRIBED
HEREIN, SUBJECT TO RECEIPT OF REPLACEMENT EASEMENTS
FOR EXISTING FACILITIES.
WHEREAS, the City of Delray Beach, Florida, received an
application for abandonment of a portion of the east/west alley
right-of-way lying within Block 85, Town of Delray, as more
particularly described herein; and
WHEREAS, the application for abandonment of a portion of the
east/west alley right-of-way in Block 85 has been 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 September 18, 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 appropriate replacement
easements be provided for all existing utilities in the right-of-way;
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 positive findings pursuant to LDR Section
upon
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 and acceptance of replacement easements
for existing utilities, more particularly described as follows:
That part of the alley right-of-way in Block 85, 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:
Begin at the Southeast Corner of Lot 3 of said Block
85; thence North 90 degrees 00'00" West, along the
South line of Lots 2 and 3 of said Block 85, 98.92
feet to the Southwest Corner of said Lot 2; thence
South 0 degrees 51'27" East, along the Southerly
extension of the West line of said Lot 2, 16.00 feet
to the North line of Lot 1, .Subdivision of Block 85,
as recorded in Plat Book 4, Page 14, of the Public
Records of Palm Beach County, Florida; thence North
90 degrees 00'00" East, along said North line and the
Easterly extension thereof, 96.30 feet to the
intersection with the Southerly extension of the East
line of said Lot 3, Block 85; thence North 8 degrees
27'30" East, along said extension, 16.16 feet to the
said Point of Beginning.
Containing 1,562 square feet, more or less.
PASSED AND ADOPTED in regular session on this the 12th day
of December, 1995.
ATTEST:
City C~erk '
- 2 - Res. No. 82-95
08 10568 Pg 37~
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ATLANTIC AVENUE
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~ BLOCK 85 - ABANDONMENT
Pl..ANkING O~PAR 11J£N T
CITY ~r C~.LRAY BFACH, I~
OI~B 105~ Pg ~7~
I)OROTHY H. WILKEN, CLE~ PB COUNTY, FL
I:ITY JIF DELRI:IY BER[H
DELRAY BEACH
~ CITY CLERK ~00 N.W. 1st AVENUE. DELRAY ,~3EACH, FLORIDA 33444. 407f243-7000
1993 C E R T I F I CAT I ON
I, ALISON MacGREGOR }{ARTY, 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. 82-95, as
the same was passed and adopted by the Delray Beach City
Commission in regular session on the 12th day of December, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
4th day of August, 1998.
Alison M~acGreg~ 'Hasty Y
..... City Clerk
:~,~;., ~. ~.; ~. City of Delray Beach, Florida
EFFORT ALWAYS MATTERS
MEMORANDUM
TO: Celeste McDonough, Administrative Assistant
FROM: Alison Harty, City Clerk~
SUBJECT: Resolution No. 82-95
DATE: August 4, 1998
Attached is a certified copy of Res. #82-95 which abandons a
portion of the east/west alley right-of-way in Block 85. It was
approved on December 12, 1995, subject to receipt of replacement
easement for existing facilities.
I have a recorded copy of the easement deed for the replacement
easement, but don't have anything to indicate the resolution was
ever recorded. So next time you have a batch going over for
recording, please have this one done as well.
Block 85 is where Hoot, Toot & Whistle, Dakotah's and City Limits
are located, so it's something of a moot point but I think we
should go ahead and record it. When the original comes back,
please return it to me for the file.
Thanks.
AMH/m
Attachment
EASEMENT DEED
THIS INDENTURE made this day of November, 1995 by and
between BLOCK 85 CORP., a Florida corporation ("Grantor"), having
an address of 10081 Pines BouleVard, Suite E, Pembroke Pines, FL
33024 and the CITY OF DELRAY BEACH, a Florida municipal corporation
in Palm Beach County, State of Florida ("Grantee") having an
address at 100 NW 1st Avenue, Delray Beach, FL 33444
WITNESS~TH: That Grantor, for and in consideration of the sum
of TEN ($10.00) DOLLARS and other good and valuable considerations
to it in hand paid Grantee, the receipt of which is hereby
acknowledged does hereby grant, bargain, sell, and release unto
Grantee', its successors and assigns, a right of way and perpetual
easement for the purpose of construction and continued operation,
maintenance, repair, alteration, inspection, and replacement of any
and all water and sewer lines, with full and free right, liberty,
and authority to enter upon and to install, operate and maintain
such water and sewer lines under, across, through, and upon, over,
under, or within the following described property located in Palm
County, Florida, wit:
Beach
to
SEE EXHIBIT "A" ATTACHED HERETO (the "Easement Parcel").
Concomitant and coextensive with this right is the further
right in Grantee, its successors and assigns, of ingress and egress
over and on that portion of the land described above, to effect the
purposes of the easement.
That this easement shall be subject only to those easements,
restrictions, and reservations of record. Except as otherwise
provided in this eas'ement, Grantor also agrees to erect no building
or effect any other kinds of construction or improvements upon the
easement parcel.
Grantor does hereby fully warrant the title to said land and
will defend the same against the lawful claims of all persons
whomsoever claiming by, through, or under it, that it has good
right and lawful authority to grant the above-described easement
and that the same ~n unencumbered. Where the context of this
easement allows or permits, the same shall include the successors
or assigns the parties.
O~
SUBJECT HOWEVER, to the following reservations, restrictions,
and agreements:
1. Grantor reserves unto itself the right and privilege to
use and occupy and to grant to others the right to use and occupy
the surface and sub-surface of, and the airspace over, the easement
parcel, for such uses and purposes which shall not be inconsistent
with the easement described in this instrument. Such uses and
purposes shall include, but shall not be limited to, the right to
landscape, pave, and to place personal property in, the easement
parcel, including, but not limited to, sprinkler systems and other
equipment. In the event that Grantee, its licensees, agents,
successors, or assigns, in any manner, disrupts, interferes with,
or causes any damage whatsoever to any such landscaping, paving, or
personal property, then Grantee shall use its best efforts to
promptly replace or repair such landscaping, paving, or personal
property. Should Grantee fail to comply with its obligations to
replace or repair in a prompt manner and as otherwise set forth
above, Grantor may make such replacements or repairs and Grantee
shall promptly reimburse Grantor for all reasonable costs and
expenses incurred in connection therewith.
2. The rights granted herein shall be exercised by Grantee at
all times in a reasonable manner and without undue interference
with the use and occupancy of the lands covered by or abutting the
Easement Parcel.
IN WITNESS WHEREOF, the parties to this Easement Deed set
their hands and seals the day and year first above written.
WITNESSES: BLOCK 85 CORP., a
~~/~~ Florida~~~_~~rCorporation
By: ~ ~w% ~
Prin~ o~ typ~ name/ ~
Print or type name
CITY OF DELRAY BEACH, a
.~ ~ Flor~rporation
-~-~//~('/ ~O/¢~.A/ TbO~mas E. Lynch, Mayor
Print or type name
2
'~" ATTEST
~ ,~ .. ~ ~j. ·
. ~-
~ :~e~ut;~' Ci.~y: C'lerk
Print or type name 0 r, . ....
By~ '~~~t~A~orney
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 17th
day of November , 1995 by Kenneth Heyder , as
President of BLOCK 85 CORP., 9 Florida corporation,
on behalf of the corporation, who is pe~sonhlly k~own to/me.
My commission expires: .- ............... ,.,
.,.,~,,:,~,,.'::.~,~ N~RTHA L. MAC KAY I[
co ,ss,o., cc 34767
STATE OF FLORIDA %~:,~,..'.'~-~ F.~lRES:February$ lgg8
.,,,.~:.~ . ,
COUNTY OF PALM BEACH ..... ~ ..... -- ..........
The ~oreg.oing instrument was acknowledged before me this
day of ~ , 1995 by 7-Ho~a~ ~ · ~/Md~/ , as
P~f0~ , on behalf of thee~~ a~.wh°/, as is
personally know____~n t__o m__e or who has produced
identification. Notary~'~U~) ~' J/'' 'Publ{c~' /~Z'~" . ~:~/
/
My commission expires:
OFFICIAL NOTARY SEAL
SUSAN L MALONEY
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO, CC413760
MY~OMML~ION EXP. OCT. ~
3
EXHIBIT "A"
THAT PART OF THE ALLEY RIGHT OF WAY IN BLOCK 85, 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:
BEGIN AT THE SOUTHEAST CORNER OF LOT 3 OF SAID BLOCK 85; THENCE N.
90 degrees 00' 00" W., ALONG THE SOUTH LINE OF LOTS 2 AND 3 OF SAID
BLOCK 85, 98.92 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE
S.0 degrees 51' 27" E., ALONG THE SOUTHERLY EXTENSION OF THE WEST
LINE OF SAID LOT 2, 16.00 FEET TO THE NORTH LINE OF LOT 1,
SUBDIVISION OF BLOCK 85, AS RECORDED IN PLAT BOOK 4, PAGE 14 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE N. 90 degrees
00' 00" E., ALONG SAID NORTH LINE AND THE EASTERLY EXTENSION
THEREOF, 96.30 FEET TO THE INTERSECTION THE SOUTHERLY EXTENSION OF
THE EAST LINE OF SAID LOT 3, BLOCK 85; THENCE N. 8 degrees 27' 30"
E. ALONG SAID EXTENSION, 16.16 FEET TO THE SAID POINT OF BEGINNING.
CONTAINING 1562 SQUARE FEET, MORE OR LESS.
This instrument prepared by:
Kenneth Heyder, Esq.
Kenneth Heyder, P.A.
10081 Pines Boulevard
Suite E J~N-~-~%'~ 3:30r$ ~,~--~3S~,S~7 ?
Pe~roke Pines, FL 33024 Q~8 ~ Q~ ~ '~ ~ ~Q
Il I III! I I I I I III II!1 I!1
SUBORDINATION OF ENCUI~Ig~.NCE TO PROPERTY
RIGHTS TO CITY OF DELI~tY BEACH,, FLORIDA
KNOW ALL MEN BY THESE PRESENTS: That whereas it is proposed
by the City of Delray Beach to locate, construct, maintain, and/or
improve water and sewer service in the City of Delray Beach,
Florida, in accordance with the plans on file in the office of the
City Engineer; and,
WHEREAs, a portion of the lands involved and necessary for
said project is subject to a mortgage held by the undersigned; and
WHEREAS, on behalf of the City of Delray Beach, a request has
been made for the undersigned to subordinate said encumbrance to
the property rights of the City of Delray Beach in and to the
portion of the premises hereinafter described.
NOW, THEREFORE, WITNESSETH: That for and in consideration of
the premises and Ten ($10.00) Dollars in Other good and valuable
considerations, paid, receipt of which is hereby acknowledged, the
undersigned subordinates said encumbrance to the property rights of
the City of Delray Beach, Florida, to locate, construct, maintain
and/or improve said project over, through , under and/or across the
following described lands, being a portion of the encumbered
premises in Palm Beach County, Florida to wit:
See Exhibit "A" attached hereto
insofar as said premises are affected by the following described
encumbrance now held by the undersigned:
NATURE RECORDED
ENCUMBRANCE DATE FROM OR AGAINST IN FAVOR OF BOOK & PAGE
1st Mortgage 8/11/95 Block 85 Corp. First Western Bk 8874
Bank Page 999
PROVIDED, ALWAYS, NEVERTHELESS, and it is expressly understood
and agreed that this instrument subordinates said encumbrance
insofar as same affects the rights and privileges of the City of
Delray Beach in its use of the land specifically above described
for utility easement and maintenance purposes only and that nothing
herein contained shall in any way alter, affect, impair, minimize,
or diminish the effect of said encumbrance or the remedies at law
or in equity for recovering thereunder or against the parties
charged thereby, the full amount of all sums secured by and/or
under the same. It is further understood and agreed that in the
event said above described premises are abandoned by the City of
Delray Beach and cease to be used for utility easement and
maintenance purposes that in such event the subordinate of said
encumbrance shall terminate in and to such portion abandoned and no
longer used as aforesaid, and the encumbrance shall become of the
same status with reference to such abandoned portion as if the
subordination had never been made.
1
IN WITNESS WHEREOF, the said holder of the encumbrance has
duly executed this Instrument this ~2~--" day of November, 1995.
Signed, sealed and delivered in the
presence of:
WITNESS #1 FIRST WESTERN BANK
Y Kenm~hHeyder ~ yOANNE P. GAINES, President
Nam~Typed: P~Int or Type Name
5854 S -
Cooper City, FL
Addre s s
~v~erc~,des Gut[errez
Name Printed or Typed:
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before me, the R~ders. iqned authority, personally appeared JOANNE P.
~'lrsc western
GAINES. as President of mmnu , who is personally known to me/or
has produced N/A as identification and who
did take an oath and who executed the foregoing instrument for the
purposes therein expressed.
WITNESS my hand and official seal this ~2~ ay of November,
1995.
Nok~ ~l~blic, State of Florida
My commission expireS:
2
O~ ~.Oz. P~ ~. ~_52
D~JRO"IHY H. WI~EN, CLERK P8 COUNTY, FL
EXHIBIT "A"
THAT PART OF THE ALLEY RIGHT OF WAY IN BLOCK 85, 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:
BEGIN AT THE SOUTHEAST CORNER OF LOT 3 OF SAID BLOCK 85; THENCE N.
90 degrees 00' 00" W., ALONG THE SOUTH LINE OF LOTS 2 AND 3 OF SAID
BLOCK 85, 98.92 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE
S.0 degrees 51' 27" E., ALONG THE SOUTHERLY EXTENSION OF THE WEST
LINE OF SAID LOT 2, 16.00 FEET TO THE NORTH LINE OF LOT 1,
SUBDIVISION OF BLOCK 85, AS RECORDED IN PLAT BOOK 4, PAGE 14 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE N. 90 degrees
00' 00" E., ALONG SAID NORTH LINE AND THE EASTERLY EXTENSION
THEREOF, 96.30 FEET TO THE INTERSECTION THE SOUTHERLY EXTENSION OF
THE EAST LINE OF SAID LOT 3, BLOCK 85; THENCE N. 8 degrees 27' 30"
E. ALONG SAID EXTENSION, 15.16 FEET TO THE SAID POINT OF BEGINNING.
CONTAINING 1562 SQUARE FEET, MORE OR LESS.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM ~ ~ ' - MEETING OF DECEMBER 12. 1995
RESOLUTION NO. 82-95 (ABANDONMENT OF A PORTION OF ALLEY
RIGHT-OF-WAY IN BLOCK 85) & ACCEPTANCE OF REPLACEMENT
~$EMENTS
DATE: DECEMBER 7, 1995
This is before the Commission to approve Resolution No. 82-95
which abandons the eastern 98.92 feet of the 16 foot east/west
alley right-of-way in Block 85, Town of Delray. The property is
located at the southeast corner of Atlantic Avenue and S.E. 2nd
Avenue. The area to be abandoned consists of 1,562 square feet
and is to accommodate a courtyard area associated with a 25,061
sq.ft, mixed use (retail, office and residential) development
known as the Block 85 redevelopment project.
In conjunction with the abandonment, Commission is also asked to
accept an easement deed for replacement easements for existing
utilities in the right-of-way. The easement deed has been
reviewed by the City Attorney's office and approved as to form and
legal sufficiency.
Recommend approval of Resolution No. 82-95 abandoning a portion of
the 16 foot east/west alley right-of-way in Block 85i based on
positive findings pursuant to LDR Section 2.4.6(0)(5), together
with acceptance of an easement deed for replacement easements.
ref:agmemo9
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: -DTAN E ~DOM I NG U EZ, ~DI R~_.~TOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 12, 1995 ***CONSENT AGENDA***
ABANDONMENT OF THE EASTERN 98.92 FEET OF A 16 FOOT
ALLEYWAY AND ACCEPTANCE OF A WATER AND SEWER EASEMENT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is abandonment of the eastern 98.92 feet of
a 16 foot alleyway and the associated acceptance of a water and sewer easement for
Block 85 redevelopment. The subject property is located at the southeast corner of SE
2nd Avenue and Atlantic Avenue.
BACKGROUND:
The Block 85 development was approved by SPRAB at its meeting of August 23, 1995. A
condition of that approval was that the applicant receive approval of an alleyway
abandonment for a 16' alley crossing the property. The Planning and Zoning Board
reviewed the proposed abandonment at its meeting of October 16, 1995. The Board
recommended approval of the abandonment, with the condition that the applicant provide
replacement easements for existing utilities in the right-of-way. The applicant submitted a
water and sewer easement and the City Attorney's office has approved the easement as to
legal form and sufficiency.
REQUIRED FINDINGS
Pursuant to LDR Section 2.4.6(0)(5), the City Commission must make the following
findings prior to the approval of any right-of-way abandonment:
A) That there is not, nor will there be a need for the use of the right-of-way for any
public purpose.
The portion of the alley to be abandoned is not used for access to any parcel. Trash
pick-up, loading, and other necessary service areas for the Block 85 project and other
City Commission Documentation
Alleyway Abandonment and Acceptance of Easements - Block 85 Redevelopment
Page 2
nearby structures will be provided in the western 73 feet of the alley which will not be
abandoned, and on-site.
B) That the abandonment does not, nor will not, prevent access to a lot of record.
The alley is not needed for access for the Block 85 development and no other
properties abut the portion of the alley to be abandoned.
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.
The alley right-of-way to be abandoned is bordered only by the Block 85 project and
dead-ends into the FEC railroad tracks. Easements have been provided for the existing
utilities in the alley, subject to the Commission's acceptance.
RECOMMENDED ACTION:
By motion approve the proposed abandonment of the eastern 98.92 feet of the east/west
16 foot alley in Block 85, Town of Delray, pursuant to positive findings regarding LDR
Section 2.4.6(0)(5) and accept the proposed water and sewer easement for the area.
Attachments:
Survey
Easement Deed and Subordination Agreement