Res 23-94 RESOLUTION NO. 23-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A TEN
(10) FOOT WIDE UTILITY EASEMENT LYING WITHIN TRACT B,
AS SHOWN ON THE PLAT OF LINTON FOREST PLAT 1,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
44, PAGES 177 AND 178, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, AND TWO FIVE (5) FOOT WIDE
LIMITED ACCESS EASEMENTS LYING WITHIN TRACTS A, C AND
E AS SHOWN ON THE PLAT OF LINTON FOREST PLAT 1,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
44, PAGES 177 AND 178, 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, 8, 9, 10, 11, 12, 13,
14, 15, 16, 17, 18, 19, 20, 21 and 22, and Tracts A, B, C and E,
Linton Forest Plat 1, LESS that portion of Tract A described as
follows: Commencing at the southeast corner of Tract D, then west
along the south line of Tract D and Lots 1 through 6, inclusive, to
the west line of Lot 6 to the north line of Lot 16, then east along
the north line of Lots 16 through 13, inclusive, and Tract B to the
east line of said plat, then north along the east line of Tract A to
the point of beginning; 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 44, Pages 177 and 178; said lands
situate lying and being in Palm Beach County, Florida; and
WHEREAS, Roger Boos, as duly authorized Agent, has made
application for the abandonment of a ten (10) foot utility easement
and two five (5) foot limited access easements located within the Plat
of Linton Forest; 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
utility and limited access easements.
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:
TEN FOOT WIDE UTILITY EASEMENT
All of the ten (10) foot wide utility easement lying
within Tract B, as shown on the Plat of Linton Forest
Plat 1, according to the Plat thereof recorded in
Plat Book 44, Pages 177 and 178, of the Public
Records of Palm Beach County, Florida.
FIVE FOOT WIDE LIMITED ACCESS EASEMENTS
All of the five (5) foot wide limited access
easements lying within Tracts A, C and E as shown on
the Plat of Linton Forest Plat 1, according to the
Plat thereof recorded in Plat Book 44, Pages 177 and
178, of the Public Records of Palm Beach County,
Florida.
PASSED AND ADOPTED in regular session on this the 8th day of
March, 1994.
ATTEST:
- - City ~le~k' Y
- 2 - Res. No. 23-94
MEMORANDUM
TO: Diane Dominguez, Director of Planning & Zoning
FROM: Alison MacGregor Harty, City Clerk~
SUBJECT: Resolution Nos, 22-94 ~ 23-94 (Abandonment of
Riqh~-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 23-94
DATE: MARCH 4, 1994
This is a resolution requesting approval of the abandonment of
one (1) public utility easement and two (2) Limited Access
Easements (LAE) pursuant to LDR Section 2.4.6(P), Abandonment of
Public Easements. The easements are within the Groves of Delray
located at the southeast corner of S.W. llth Street and S.W. 10th
Avenue, extended between Linton Boulevard and S.W. 10th Street.
The Groves of Delray is a 158 unit multi-family residential
development. At their meeting 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
the Planning and Zoning Board certified the final plat for the
Groves as being consistent with the preliminary plat.
The three easements in question were dedicated along with the
plat for Linton Forest. As the Linton Forest development was not
constructed, the easements have not been utilized. Due to the
redevelopment of the site, the easements need to be abandoned.
Replacement easements required to accommodate utilities contained
within The Groves are being dedicated on the plat for The Groves.
Recommended approval of Resolution No. 23-94 to abandon one
utility easement and two limited access easements at the Groves
of Delray.
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
T Ru: Dr E DOMINGUEZ,
FROM: ~TEVEN'E. TAYI~OR
PLANNER
SUBJECT: MEETING OF MARCH 8, 1994
ABANDONMENT OF PUBLIC EASEMENTS **CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the abandonment of one (1) public utility
easement and two (2) Limited Access Easements (LAE). The
easements are within The Groves of Delray located at the
southeast corner of S.W. llth Street and S.W. 10th Avenue,
extended between Linton Boulevard and S.W. 10th Street.
The abandonment of these easements is being processed
pursuant to LDR Section 2.4.6(P), Abandonment of Public
Easements.
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 one (1) 10' utility easement and two (2) 5' limited
access easements were identified. The three easements in
question were dedicated along with the plat for Linton Forest.
As the Linton Forest development was not constructed, the
easements have not been utilized. Due to the redevelopment of
the site, the subject utility and limited access easements need
to be abandoned. Replacement easements required to accommodate
utilities contained within The Groves development are being
dedicated on the plat for The Groves.
City Commission Documentation
Abandonment of Public Easements - The Groves
Page 2
The easements in question have been properly reviewed by all
appropriate City staff and utility providers. There has been
no objection to the abandonment of the easements.
PLANNING AND ZONING BOARD CONSIDERATION:
Planning and Zoning Board consideration is not required for the
abandonment of public easements.
R E C 0 M M E N D E D A C T I O N:
By motion, approve the abandonment of one (1) utility easement
and two (2) limited access easements through the enactment of
Resolution 23-94.
Attachment:
* Location Map & Reduced Survey
T:GREACC.DOC
RESOLUTION NO. 23-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A TEN
(10) FOOT WIDE UTILITY EASEMENT LYING WITHIN TRACT B,
AS SHOWN ON THE PLAT OF LINTON FOREST PLAT 1,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
44, PAGES 177 AND 178, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, AND TWO FIVE (5) FOOT WIDE
LIMITED ACCESS EASEMENTS LYING WITHIN TRACTS A, C AND
E AS SHOWN ON THE PLAT OF LINTON FOREST PLAT 1,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
44, PAGES 177 AND 178, 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, 8, 9, 10, 11, 12, 1~,
14, 15, 16, 17, 18, 19, 20, 21 and 22, and Tracts A, B, C and E,
Linton Forest Plat 1, LESS that portion of Tract A described as
follows: Commencing at the southeast corner of Tract D, then west
along the south line of Tract D and Lots 1 through 6, inclusive, to
the west line of Lot 6 to the north line of Lot 16, then east along
the north line of Lots 16 through 13, inclusive, and Tract B to the
east line of said plat, then north along the east line of Tract A to
the point of beginning; 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 44, Pages 177 and 178; said lands
situate lying and being in Palm Beach County, Florida; and
WHEREAS, Roger Boos, as duly authorized Agent, has made
application for the abandonment of a ten (10) foot utility easement
and two five (5) foot limited access easements located within the Plat
of Linton Forest; 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
utility and limited access easements.
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:
TEN FOOT WIDE UTILITY EASEMENT
All of the ten (10) foot wide utility easement lying
within Tract B, as shown on the Plat of Linton Forest
Plat 1, according to the Plat thereof recorded in
Plat Book 44, Pages 177 and 178, of the Public
Records of Palm Beach County, Florida.
FIVE FOOT WIDE LIMITED ACCESS EASEMENTS
All of the five (5) foot wide limited access
easements lying within Tracts A, C and E as shown on
the Plat of Linton Forest Plat 1, according to the .
Plat thereof recorded in Plat Book 44, Pages 177 and .
178, of the Public Records of Palm Beach County,
Florida.
PASSED MD ADOPTED in regular session on this the 8th day of
March, 1994.
ATTEST:
- 2 - Res. No. 23-94
DRIVE
AVENUE
VALLAC[ ~L~GE
NISSAN
LIN TON B OU LE VA ~ D
~w.~'s THE GROVES
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
FROM:
SUBJECT: AGENDA ITEM # ~ H - MEETING OF MARCH 8. 1994
FINAL PLAT/THE GROVES OF DELP~y
DATE: MARCH 4, 1994
This is before the Commission to approve final plat for The
Groves of Delray, located at the southeast corner of S.W. llth
Street and S.W. 10th Avenue, extended between Linton Boulevard
and S.W. 10th Street. This final plat is being processed
pursuant to LDR Section 2.4.5(J), Major Subdivisions.
On December 20, 1993 the Planning and Zoning Board approved the
preliminary plat for The Groves. On January 12, 1994, the Site
Plan Review and Appearance Board approved the final site plan,
landscape plan, and elevations for The Groves.
On March 1, 1994 the applicant submitted a letter stating their
intention to withdraw all requests for waivers and City financial
participation of improvements.
The deed restriction has been reviewed by the City Attorney's
office, and has been approved for legal form and sufficiency.
The deed must now be executed by all parties, including the City,
and recorded concurrently with the plat.
The remaining conditions relate to the applicant providing
financial guarantees for public improvements. A separate
guarantee will be required for S.W. 10th Avenue, as the City is
constructing this right-of-way.
Recommend approval of the final plat for The Groves of Delray
subject to the following conditions:
a. That prior to releasing the plat for recording, or 30 days
from the City's request (whichever comes first), a cash
deposit for The Groves' portion of constructing S.W. 10th
Avenue be submitted;
b. That prior to releasing the plat for recording, a financial
guarantee for all public improvements be submitted; and
c. That concurrent with the recording of the plat the owner is
to record a deed restriction limiting The Groves to an
elderly housing development.
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
PRINCIPAL PLANNER ( ] J
PLANNER
SUBJECT: MEETING OF MARCH 8, 1994
THE GROVES OF DELRAY FINAL PLAT APPROVAL
**CONSENT A~ENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
aDDroval of the final plat for The Groves of Delray. The
project is located at the southeast corner of S.W. llth
Street and S.W. 10th Avenue, extended between Linton
Boulevard and S.W. 10th Street.
This final plat is being processed pursuant to LDR Section
2.4.5(J), Major Subdivisions.
BACKGROUND:
On November 4, 1990 the City Commission denied a site plan
request from The Groves to create a low income housing
development. In October, 1991, a new site plan was submitted to
conform with the recently approved Land Development Regulations.
This new site plan proposed multi-family units designed for
senior citizen housing.
On February 12, 1992 a rezoning request for six lots located
within the Woods of Southridge Subdivision from R-lA (Single
Family) to RM (Multiple Family Residential) was approved in
order to combine these lots with the original land area of The
Groves. A basic site plan for the development was approved by
SPRAB (Site Plan Review and Appearance Board) on February 19,
1992. On February 25, 1992 the City Commission appealed SPRAB's
approval of The Groves basic site plan. On March 24, 1992 the
City Commission ratified SPRAB's decision and approved the basic
site plan for The Groves.
On December 20, 1993 the Planning and Zoning Board approved the
preliminary plat for The Groves. On January 12, 1994 SPRAB
approved the final site plan, landscape plan, and elevations for
The Groves. This final site plan addressed the conditions that
were set forth with the approval of the basic site plan in
March, 1992.
City Commission Documentaion
Final Plat - The Groves of Delray
Page 2
Pursuant to conditions set forth by the preliminary plat
approval and Chapter 177 of the Florida Statutes, the applicant
submitted a final plat. The final plat has been reviewed by all
appropriate staff and the applicant has addressed all staff
comments.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of February 28, 1994. The Board recommended approval of
the final plat subject to the following conditions:
a. That prior to the final plat being scheduled for City
Commission action, the final plat's dedication
statement be revised per staff's comments;
b. That prior to the final plat being scheduled for City
Commission action, documentation from F~L indicating
the abandonment of their private easements be
submitted;
c. That prior to releasing the plat for recordation or 30
days from the City's request (whichever comes first),
a cash deposit for The Groves portion of construction
of S.W. 10th Avenue be submitted;
d. That prior to releasing the plat for recordation, a
financial guarantee for all public improvements be
submitted.
In addition, a previous condition of the preliminary plat which
requires that a deed restriction be recorded concurrently with
the plat that limits The Groves to a senior housing development
remains applicable to the final plat.
During its consideration of the plat, the Board recommended
denial of numerous requests from the applicant for waiver of
financial obligations.
ADDITIONAL INFORMATION:
On February 25, 1994 the applicant submitted a revised final
plat and a letter from FPL notifying the City of the abandonment
of their private easements. Therefore, comments which relate to
the FPL easements (condition) have been addressed. In addition,
on March, 1, 1994 the applicant submitted a letter stating their
intention to withdraw all requests for waivers and City
financial participation of improvements.
City Commission Documentaion
Final Plat - The Groves of Delray
Page 3
The deed restriction has been reviewed by the City Attorney's
Office, and has been approved for legal form and sufficiency.
The deed must now be executed by all parties, including the
City, and recorded concurrently with the plat.
The remaining conditions relate to the applicant providing
financial guarantees for public improvements. A separate
guarantee will be required for S.W. 10th Avenue, as the City is
constructing this right-of-way.
RECOMMEND ED ACT I ON:
By motion, approve the final plat for The Groves of Delray,
subject to the following conditions:
a. That prior to releasing the plat for recordation or 30
days from the City's request (whichever comes first),
a cash deposit for The Groves portion of constructing
S.W. 10th Avenue be submitted;
c. That prior to releasing the plat for recordation, a
financial guarantee for all public improvements be
submitted; and
d. That concurrent with the recordation of the plat the
owner is to record a deed restriction limiting The
Groves to an elderly housing development.
Attachment:
* Location Map, Applicant's Letter & Reduced Plat
SE'TTIA DRIV~
AVENUE
IENJA,~IN
WALLACE ~LLAG£
NISSAN
L NTON BOULEVAED
R.C. BOOS, INC./FELNER CONSTRUCTION, INC.
A JOINT VENTURE
625 Auburn Circle West
Delray Beach, Florida 33444
(407) 496-2000
March 1, 1994
City of Delray Beach
Planning and Zoning
100 N. W. 1st Ave.
Delray Beach, Fi. 33444
Attn: Dianne Dominquez
Dear Ms. Dominquez
Please proceed to process the plat for final approval including
all improvement obligations.
We do not wish to request waivers of any improvements at this
time.
We are in the process of researching the credits due us for the
improvement of the intersection of 10th Ave. and Linton, and will
advise you as to the outcome.
Very truly yours,
Roger C. Boos, Partner
~IAR I 1994
PlaNNING & ZONIh~G