Loading...
Res 26-94 RESOLUTION NO. 26-94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PART OF THE ALLEY RIGHT-OF-WAY IN BLOCK 84, TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, Timothy and Janet Onnen are the fee-simple owners of Lot 1, Lot 2 (Less the North 1.6 feet of said Lot 2), Lots 3, 4, 5, 6 and 7 and the South 144 feet of the 16 foot abandoned alley lying east of and adjacent to the South 69.3 feet of Lot 6, Block 84, according to the Plat of the Town of Linton, according to the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; and WHEREAS, Michael S. Weiner, as duly authorized Agent, has made application for the abandonment of a portion of the 16 foot alley located within Block 84 of the Plat of the Town of Linton; 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 alley right-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: Alley Right-of-Way To Be Abandoned: Commence at the Northwest corner of Lot 1, Block 84; thence South 0 degrees 00'00" East, along the West line of said Lot 1, 1.80 feet to the Point of Beginning; thence continue South 0 degrees 00'00" East, along said West line, 302.40 feet to a line 144.00 feet north of and parallel with the south line of said Lot 1; thence North 89 degrees 07'12" West, along said parallel line, 16.00 feet to the east line of Lots 2 through 6, inclusive, Block 84; thence North 0 degrees 00'00" East, along said east line, 302.40 feet to a line 1.80 feet south of and parallel with the north line of said Lot 2, Block 84; thence South 89 degrees 07'12" East, along said parallel line, 16.00 feet to the said Point of Beginning. Section 2. That this resolution shall not become effective and shall not be recorded until the Plat for the Onnen Subdivision is recorded. PASSED eD ~OPTED in regular session on this the 22nd day of March, 1994. ATTEST: ~ity dle~k ~ ' - 2 - Res. No. 26-94 Return to: ~ity Clerk OR~ ~222 P~ i 00 ~ ~ '100 N.W. 1st Avenue [lTV OF DELRRV BERgH CLERK 100 N.W. 1st AVENUE · DE LRAY BEACH, F LORI DA 334-44 · 407/243-7000 1993 CERTIFICATION I, ALISON MacGREGOR HARTY, City Clerk of the City of Delray Beach, Florida, do hereby certify that the attached Resolution No. 26-94, passed and adopted in regular session by the City Commission of the City of Delray Beach, Florida, on March 22, 1994, is a true and correct copy of the original of said document which is an official record on file with the City of Delray Beach, Florida. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 19th day of April, 1994. Alison M~cGregon~ Harty City Clerk City of Delray Beach, Florida THE EFFORT ALWAYS MATTERS Pnnted on Recycled Paper Return to: (enclose self-addressed stamped envelope) Name Address: ORB 8222 P~ !00z+ RECORD VERIFIED DOROll-IYH WILI~'N CLERK OF THE COURT - PB COUNTY~ FL Proper Appraisers Parcel Identification (Folio) Numar(s): N.~'. TENNIS ATLANTIC AVENUE HOUSE S.E. 1ST $1'. S.E. 2ND Sl'. ABANDONMENT MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ ~ - MEETING OF MARCH 22. 1994 RESOLUTION NO. 26-94/ABANDONMENT OF PUBLIC RIGHT-OF- WAY/ONNEN SUBDIVISION DATE: MARCH 18, 1994 This is a resolution to abandon a 16 foot alley right-of-way within Block 84, Onnen subdivision, located east of N.E. 2nd Avenue, between Atlantic Avenue and N.E. 1st Street. The south 144 feet of the alley was previously abandoned; however, the remaining 302 feet of the alley has continued to exist as right-of-way. The Planning and Zoning Department received a request to abandon the remaining 302 feet in conjunction with the replat of the block. The replat of Block 84 incorporates the alley right-of-way with the existing lots within the block, to create a total of three lots. Recommend approval of the abandonment of public right-of-way subject to the following conditions: 1. That replacement easements be provided with the replat of Block 84 for all utilities, and; 2. That this abandonment shall not become effective and shall not be recorded until the replat for Block 84 is recorded. CITY COMMI S S I ON DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: OMINGUEZ, DIRECTOR, ~LANNING AN~ ZONING DEPARTMENT FROM: ~R PLANNER SUBJECT: MEETING OF MARCH 22, 1994 ABANDONMENT OF PUBLIC RIGHT-OF-WAY **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the abandonment of the 16' alley right-of-way within Block 84, Town of Delray. The subject alley is located east of NE 2nd Avenue, between Atlantic Avenue and NE 1st Street. This alley abandonment is being processed pursuant to LDR Section 2.4.6(O), Abandonment of Rights-of-Way. BACKGROUND: On April 13, 1982 the City Commission, through Resolution 36-82, approved the abandonment of the south 144 ft. of the north/south alley within Block 84, Town of Delra¥. The Block contains the Meisner Electric building and structures which were part of the former Ocean City Lumber business. While the record regarding that abandonment is not comprehensive, it appears that it was processed in order to accommodate a structure that now exists over the abandoned area. The south 144 ft. of the alley was abandoned, however, the remaining 302 ft. of the alley has continued to exist as right-of-way. In October, 1993, the Planning and Zoning Department received a request to abandon the remaining 302 ft. of alley right-of-way within Block 84 in conjunction with the replat of the block. The replat of Block 84 incorporates the alley right-of-way with the existing lots within the block to create a total of three lots. On December 20, 1993 the Planning and Zoning Board approved the preliminary plat for the Onnen Subdivision. The Site Plan Review and Appearance Board approved the site plan modification for the site on January 26, 1994. The final plat for the Onnen Subdivision will be reviewed by the Planning and Zoning Board on Monday March 21st. City Commission Documentation Alley Abandonment - Block 84, Town of Delray Page 2 As the alley is not currently used for any vehicular travel, the incorporation of the alley into the proposed development will not cause any adverse effects on the surrounding area. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of December 20, 1993. The Board recommended approval subject to the following conditions: 1. That replacement easements be provided with the replat of Block 84 for all utilities, and; 2. That this abandonment shall not become effective and shall not be recorded until the replat for Block 84 is recorded. RECOMMEND ED ACTION: By motion, approve the abandonment of the 16' alley within Block 84, Town of Delray through the enactment of Resolution -94, subject to the conditions as set forth by the Planning and Zoning Board. Attachment: * Location Map & Reduced Survey T:BLK84CC.DOC MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM ~ ~ ~ - MEETING OF MARCH 22. 1994 FINAL PLAT/QNN~N SUBDIVISIQN DATE: MARCH 18, 1994 This is before the Commission to approve final plat for the Onnen subdivision, Block 84, located on the east side of N.E. 2nd Avenue, between Atlantic Avenue and N.E. 1st Street, pursuant to Florida Statutes Chapter 177 and LDR Section 2.4.5(J), Major Subdivisions. The final plat for the Onnen Subdivision proposes to replat seven existing lots of record and an existing alley into three lots. The new lots will accommodate office and industrial buildings to be known as Ocean City. Some minor technical changes are required for the final plat, such as notes to be added and revisions to the final engineering plans. Recommend approval of the final plat for the Onnen subdivision subject to the condition that prior to submitting the plat for City signatures, a revised plat and engineering plan be provided which address all outstanding technical items. CITY COMMISSION DOCUMENTATION TO: ~VID T. H~DEN, CITY MANAGER THRU: I DIRECTOR, P~ANNING A~ND ~ONING DEPARTMENT PLANNER SUBJECT: MEETING OF MARCH 22, 1994 ONNEN SUBDIVISION FINAL PLAT APPROVAL **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of aDDroval of the final plat for the Onnen Subdivision. The project is located on the east side of N.E. 2nd Avenue, between Atlantic Avenue and N.E. 1st Street. This final plat is being processed pursuant to Florida Statutes Chapter 177 and LDR Section 2.4.5 (J), Major Subdivisions. BACKGROUND: On December 20, 1993 the Planning and Zoning Board approved the preliminary plat for the Onnen Subdivision. The Board also recommended approval of the abandonment of the 16' alley that lies within the subject site. On January 26, 1994 the Site Plan Review and Appearance Board approved the site plan modification for the expansion of Ocean City, located within the Onnen Subdivision. The final plat for the Onnen Subdivision proposes to replat seven (7) existing lots of record and an existing alley into three (3) lots. The new lots will accommodate office and industrial buildings to be known as Ocean City. The final plat for the Onnen Subdivision has been properly prepared and review. The plat is now ready for City Commission action. City Commission Documentation Onnen Subdivision Final Plat Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The preliminary plat was approved by the Board in December of last year. The final plat is essentially the same as the preliminary, with the final revisions made. The Board will formally review this item at its meeting of March 21, 1994. The Commission will be notified if any additional comments are forwarded from the Planning and Zoning Board. ASSESSMENT : The Onnen Subdivision is an adequate final plat, however, some minor technical changes are required. These include notes to be added to the plat and revisions to the final engineering plans. As long as these items are addressed prior to the plat's final sign-off, the plat can be approved at this time. R E C 0 M M E N D E D A C T I O N: By motion, approve the final plat for the Onnen Subdivision, subject to the following condition: * That prior to submitting the plat for City signatures, a revised plat and engineering plan be provided which address all outstanding technical items. Attachment: * Location Map & Reduced Plat T:ONNENCC.DOC CITy HAIL · N.F_ lST SQ-IOOL ATLANTIC AVENUE S.F_ 2NO ONNEN SUBDIVISION