Res 22-94 RESOLUTION NO. 22-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PART
OF THE RIGHT-OF-WAY FOR STRICKLAND ROAD AND S.W. 12TH
STREET, AS SHOWN ON THE PLAT OF STRICKLAND
SUBDIVISION, AS RECORDED IN PLAT BOOK 23, PAGE 173,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
AND THAT PART OF THE RIGHT-OF-WAY FOR S.W. 8TH AVENUE
AND DOUGLASS AVENUE AS SHOWN ON THE PLAT OF PLAT 2 OF
2, SOUTHRIDGE, AS RECORDED IN PLAT BOOK 13, PAGE 39,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, The Groves of Delray Ltd., a Florida Limited
Partnership, is the fee-simple owner of Lots 7 through 10, inclusive,
Block 1; Lots 1 through 10, inclusive, Block 2; Lots 1 through 5,
inclusive, Block 3; Strickland Subdivision, as per Plat thereof on
file in the Office of the Clerk of the Circuit Court in Plat Book 23,
Page 173, of the Public Records of Palm Beach County, Florida; and
WHEREAS, The Groves of Delray Ltd., a Florida Limited
Partnership, is the fee-simple owner of Lots 23, 24, 25, 26, 27 and
28, Block 5, Plat 2 of 2, Southridge Subdivision, according to the
Plat thereof on file in the Office of the Clerk of the Circuit Court
in and for Palm Beach County, Florida, recorded in Plat Book 13, Page
39; said lands situated lying and being in Palm Beach County, Florida;
and
WHEREAS, Roger Boos, as duly authorized Agent, has made
application for the abandonment of a portion of Strickland Road, a
portion of S.W. 8th Avenue, and all of S.W. 12th Street located within
the Plats of Strickland Subdivision and Southridge Subdivision; 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
rights-of-way.
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:
A PORTION OF STRICKLAND ROAD, A PORTION OF S.W. 8TH
AVENUE, AND ALL OF S.W. 12TH STREET
Begin at the southeast corner of Lot 5, Block 3,
Strickland Subdivision; thence North 0 degrees 14'53"
East, along the east line of said Lot 5, 97.33 feet
to the northeast corner of said Lot 5; thence South
88 degrees 23'29" West, along the north line of Lots
1 through 5, inclusive, Block 3, 310.78 feet to the
northwest corner of Lot 1, Block 3; thence North 0
degrees 07'26" East, 40.02 feet to the southwest
corner of Lot 9, Block 2; thence North 88 degrees
23'29" East, along the south line of Lots 9 and 10,
Block 2, 120.35 feet to the southeast corner of said
Lot 10; thence North 0 degrees 07'26" East, along the
east line of Lots 7, 8 and 10, Block 2, 200.16 feet
to the northeast corner of said Lot 7; thence North
88 degrees 23'29" East, 40.02 feet to the northwest
corner of Lot 7, Block 1; thence South 0 degrees
07'26" West, along the west line of Lots 7 and 10,
Block 1, 200.16 feet to the southwest corner of said
Lot 10; thence North 88 degrees 23'29" East, along
the south line of Lots 9 and 10, Block 1, 150.50 feet
to the southeast corner of said Lot 9; thence North 0
degrees 14'53" East, along the east line of Lots 8
and 9, Block 1, 200.17 feet to the northeast corner
of said Lot 8; thence North 88 degrees 23'29" East,
along the easterly extension of the north line of
said Lot 8, 25.01 feet to the north-south quarter
section line of Section 20, Township 46 South, Range
43 East; thence South 0 degrees 14'53" West, along
said quarter section line 25.52 feet to the
intersection with the westerly extension of the north
line of Lot 25, Block 5, Plat 2 of 2, Southridge;
thence North 89 degrees 18'56" East, 20.90 feet to
the northwest corner of said Lot 25; thence South 0
degrees 26'28" West, along the west line of Lots 25,
26, 27 and 28, Block 5, 210.75 feet to a point of
curvature of a curve concave northeasterly with a
radius of 25.00 feet and a central angle of 136
degrees 12'35"; thence southerly, and easterly, along
the arc of said curve, 59.43 feet; thence South 44
degrees 13'53" West, 117.74 feet to the intersection
with the easterly extension of the south line of Lot
5, Block 3, Strickland Subdivision; thence South 88
degrees 07'40" West, along said extension, 6.42 feet
to the said point of beginning.
- 2 - Res. No. 22-94
Section 2.a. That The Groves provide the full right-of-way
improvements for Strickland Road, Strickland Road extended, and the
S.W. 8th Avenue "Loop"; and
2.b. That this resolution shall not become
effective and shall not be recorded until the plat for The Groves is
recorded.
PASSED AND ADOPTED in regular session on this the 8th day of
March, 1994.
ATTEST:
Cfty Cler~ v
- 3 - Res. No. 22-94
MEMO~ANQUM
TO: Diane Dominguez, Director of Planning & Zoning
FROM: Alison MacGregor Harty, City Clerk~
SUBJECT: Resolution Nos. 22-94 & 23-94 (Abandonment
Rights-of-Way and Easements within The Groves of Delray)
DATE: March 11, 1996
The referenced resolutions were approved by Commission on 3/8/94,
with the condition that they would not become effective nor be
recorded until the plat for The Groves was recorded. On April 26,
1994, I gave certified copies of the resolutions to Steve Taylor so
the applicant/developer could record them at the same time the plat
was recorded. The original recorded documents were to be returned
to me.
Before Steve left, he and I reviewed various files to make sure the
loose ends were tied up. The only exception we found was that the
recorded documents (#22-94 & 23-94) had never been returned. I
know Steve tried to contact the applicant, but apparently he never
got a response or just ran out of time before getting back to me.
Would you please check your project file to see if the recorded
documents ever came in, or if they can be obtained from the
applicant? I need the recording information before I can close out
my files.
Please contact Celeste McDonough with any information you may have
on these resolutions. Thank you.
AMH/m
Attachments
cc: Celeste McDonough, Administrative Assistant
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ ~ ~ - MEETING OF MARCH 8. 1994
RESOLUTION NQ. 22-94
DATE: MARCH 4, 1994
This is a resolution requesting approval of abandonment of a
portion of Strickland Road, a portion of S.W. 8th Avenue, and the
entirety of S.W. 12th Street for The Groves of Delray. The
subject rights-of-way are located between Bessie Street and S.W.
Ilth Street, and between S.W. 10th Avenue extended and S.W. 7th
Avenue. The abandonment of these rights-of-way is being
processed pursuant to LDR Section 2.4.6(N).
On January 12, 1994, the Site Plan Review and Appearance Board
approved the final site plan, landscape plan, and elevations for
The Groves. On February 28, 1994, the Planning and Zoning Board
certified the final plat as being consistent with the preliminary
plat.
The three sections of right-of-way in question are proposed for
inclusion within The Groves development. The area for The
Groves covers land on each side of these streets. In order to
create one unified parcel, the area must be abandoned. In order
to replace and maintain the circulation pattern that currently
exists, the applicant will be dedicating replacement right-of-way
with the plat for The Groves.
With the original plat and abandonment petitions, the applicant
agreed to improve Strickland Road from S.W. llth Street,
Strickland Road extended to S.W. 8th Avenue, and a portion of
S.W. 8th Avenue. Construction plans have been submitted for
those improvements.
The rights-of-way in question have been properly reviewed by all
appropriate City staff and utility providers. There has been no
objection to the abandonment of the streets.
Recommend approval of Resolution No. 22-94 subject to the follow-
ing conditions:
ac That The Groves provide the full right-of-way improvements
for Strickland Road, Strickland Road extended, and the S.W.
8th Avenue "loop"
b. That this abandonment shall not become effective and shall
not be recorded until the plat for the Groves is recorded.
CITY COMMI SS ION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: - STEVEN E. TAILOR
PLANNER
SUBJECT: MEETING OF MARCH 8, 1994
ABANDONMENT OF RIGHT-OF-WAY **CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
aDproval of the abandonment of a portion of Strickland
Road, a portion of S.W. 8th Avenue, and the entirety of
S.W. 12th Street. The subject rights-of-way are located
between Bessie Street and S.W. llth Street, and between
S.W. 10th Avenue extended and S.W. 7th Avenue.
The abandonment of these rights-of-way is being processed
pursuant to LDR Section 2.4.6 (N), Abandonment of
Rights-of-Way.
BACKGROUND:
On December 20, 1993 the Planning and Zoning Board approved the
preliminary plat for The Groves of Delray, a 158 unit
multi-family residential development. On January 12, 1994 the
Site Plan Review and Appearance Board approved the final site
plan, landscape plan, and elevations for The Groves. On
February 28, 1994 the Planning and Zoning Board certified the
final plat for The Groves as being consistent with the
preliminary plat, and transmitted a recommendation of approval
to the City Commission.
During review of the above referenced petitions the need to
abandon a portion of S.W. 8th Avenue, a portion of Strickland
Road, and the entirety of S.W. 12th Street was identified. The
three sections of right-of-way in question are proposed for
inclusion within The Groves development. As the area for The
Groves covers land on each side of these streets, the area must
be abandoned in order to create one unified parcel. In order to
replace and maintain the circulation pattern that currently
exists, the applicant will be dedicating replacement
right-of-way with the plat for The Groves.
City Commission Documentation
Abandonment of Rights-of-Way - The Groves
Page 2
With the original plat and abandonment petitions, the applicant
agreed to improve Strickland Road from S. W. 1 lth Street,
Strickland Road extended to S.W. 8th Avenue, and a portion of
S.W. 8th Avenue. Construction plans have been submitted for
those improvements.
The rights-of-way in question have been properly reviewed by all
appropriate City staff and utility providers. There has been
no objection to the abandonment of the streets.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally considered the
abandonment of these rights-of-way at its meeting of December
20, 1993. The Board approved the abandonment, subject to the
following conditions:
1. That sufficient replacement right-of-way be provided
with the plat of The Groves of Delray to serve the
surrounding area; and
2. That this abandonment shall not become effective and
shall not be recorded until the plat for The Groves is
recorded.
Sufficient replacement right-of-way has been provided on the
final plat for The Groves. The condition concerning recordation
will also be made with this action.
Concurrent with the plat submission, the applicant requested a
waiver from improving the full section of Strickland Road,
Strickland Road extended, and a portion of S.W. 8th Avenue.
During its consideration of the final plat, the Planning and
Zoning Board recommended denial of the applicant's request. On
March 1, 1994 the applicant submitted a letter withdrawing this
request.
RECOMMEND ED ACTION:
By motion, approve the abandonment of a portion of Strickland
Road, a portion of S.W. Sth Avenue, and the entirety of S.W.
12th Street through the enactment of Resolution -94, subject
to the following condition:
* That The Groves provide the full right-of-way
improvements for Strickland Road, Strickland Road
extended, and the S.W. 8th Avenue "loop."
* That this abandonment shall not become effective and
shall not be recorded until the plat for The Groves is
recorded.
Attachment:
* Location Map & Reduced Survey
T~RRWCC.DOC