Res 33-94 RESOLUTION NO. 33-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE
RIGHT-OF-WAY FOR ILENE COURT, AS SHOWN ON THE PLAT OF
DELRAY ESTATES, AS RECORDED IN PLAT BOOK 29, PAGES
163 AND 164 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, BUT RESERVING AND RETAINING TO THE
CITY A UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF,
AND BEING MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, Delray Estates Board of Directors is the fee-simple
owner of Tract 1 and Tract 2 of the Delray Estates Subdivision, as per
Plat thereof on file in the Office of the Clerk of the Circuit Court
in Plat Book 29, Pages 163 and 164, of the Public Records of Palm
Beach County, Florida; and
WHEREAS, Joseph A. Pare, as duly authorized Agent, has made
application for the abandonment of Ilene Court located within the Plat
of Delray Estates; 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, but retaining and reserving to the City a utility
easement over the entire area thereof for the purpose of emergency
access and constructing and/or maintaining either over or under the
surface poles, wires, pipes, sewers, drains or other facilities used
for various public utilities whether owned by the City or private
corporations.
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, but retaining and reserving to the City of Delray Beach,
Florida, a utility easement over the entire area thereof for the
purpose of emergency access and constructing and/or maintaining either
over or under the surface poles, wires, pipes, sewers, drains or other
facilities used for various public utilities whether owned by the City
or private corporations, more particularly deScribed as follows:
ILENE COURT RIGHT-OF-WAY
Commence at the northeast corner of said Plat of
Delray Estates; thence South 0 degrees 12'10" East,
along the east line of said Plat, 141.50 feet to a
point of curvature of a curve concave westerly with a
radius of 1,856.86 feet and a central angle of 3
degrees 13'43"; thence southerly, along the arc of
said curve, 104.63 feet to the north line of Ilene
Court and to a point on a curve concave southerly
with a radius of 289.54 feet, a central angle of 3
degrees 11'18" and a line to the radius point of said
curve bearing South 3 degrees 44'06" West; thence
westerly, along the arc of said curve, 16.11 feet to
the point of beginning; thence continue westerly,
along the arc of said curve and subtending a central
angle of 8 degrees 26'15", 42.64 feet to a point of
tangency; thence South 82 degrees 06'33" West, along
the north line of Ilene Court, 172.75 feet to a point
on a curve concave easterly with a radius of 50.00
feet, a central angle of 300 degrees 00'00" and a
line to the radius point of said curve bearing South
52 degrees 06'33" West; thence westerly, southerly
and easterly, along the arc of said curve, 261.80
feet; thence North 82 degrees 06'33" East, along the
south line of Ilene Court, 172.75 feet to a point of
curvature of a curve concave southerly with a radius
of 239.54 feet and a central angle of 6 degrees
37'30"; thence easterly, along the arc of said curve,
27.70 feet; thence North 8 degrees 28'41" East, 50.69
feet to the said point of beginning.
PASSED ~D ADOPTED in regular session on this the 19th day
of April, 1994.
ATTEST:
titY-Cl~rk /
- 2 - Res. No. 33-94
:3 S.W. 12TH CT,
S.W. 13'1'1-1 ST.
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S.W. 13TH CT.
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DRIVE
CATHERINE
LINTONBOULEVARD
ILEN[ COURT
Return to: (enclose seIFaddressed stamped envelope)
Name
I:IT',' OF UELRII',F'.ooBEnCH. ....'
C~TY CLERK ~,vENuE 33.~. · .o7,2.3-7ooo
1993
CERTIFICATION
I, ALISON MacGREGOR HARTY, City Clerk of the City of
Delray Beach, Florida, do hereby certify that the attached
Resolution No. 33-94, passed and adopted in regular session by
the City Commission of the City of Delray Beach, Florida, on
April 19, 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
20th day of April, 1994.
"~ ,":? Alison M~cGre~o~ Harty /
:. '<~;" ' b ;'~ City Clerk
-~' ""~ City of Delray Beach, Florida
THE EFFORT ALWAYS MATTERS
Pr/nted on Recycled Paper
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM $ ~A - MEETING OF APRIL 19. 1994
RESOLUTION NO. $3-94/ABANDONMENT OF RI~HT-OF-WAY/ILENE
COURT
DATE: APRIL 15, 1994
This is before the Commission to approve abandonment of Ilene Court
right-of-way to the Delray Estates Homeowners Association.
In April 1991 the Delray Estates Homeowners Association requested the
City close public right-of-way Ilene Court to through traffic because
of the drug trafficking and speeding in that area. A temporary
closure was approved, allowing staff to evaluate its effect on
surrounding area. No negative impacts were observed, and the
association was told it could pursue a permanent closure if it
wished. The association submitted a formal petition to abandon Ilene
Court in November, 1993.
Replacement easements are to be dedicated to accommodate utilities
and to provide for emergency access. All service providers have
indicated no objection to the abandonment. The homeowners
association will take over responsibility for maintenance of the
street.
Recommend aDDroval of abandonment of Ilene Court right-of-way.
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: 'STEVEN E. TAYLOr/
PLANNER
SUBJECT: MEETING OF APRIL 19, 1994
ABANDONMENT OF ILENE COURT RIGHT-OF-WAY
**CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of
an abandonment of the Ilene Court right-of-way, located in
the Delray Estates subdivision. The subject property is
located on the west side of Congress Avenue, north of
Linton Boulevard.
This abandonment request is being processed pursuant to LDR
Section 2.4.6(0), Abandonment of Rights-of-Way.
BACKGROUND:
In April, 1991, the City received a request from the Delray
Estates Association to close one of the community's public
rights-of-way known as Ilene Court to through traffic onto
Congress Avenue. The basis for this request was to attempt to
stop certain undesirable activities (drug trafficking, speeding,
etc.) in the Ilene Court area.
After initial traffic analysis was done, a temporary closure of
Ilene Court was approved. Delray Estates Association was
notified in December, 1991, that no negative impacts were
observed through the temporary closure of Ilene Court, and the
Association could pursue a permanent closure if it wished. The
Association submitted a formal petition to abandon Ilene Court
in November, 1993.
According to the survey submitted along with the abandonment
petition, there are currently water, sewer, and FPL facilities
within Ilene Court. FPL, Environmental Services, and the Fire
Department have requested easements to accommodate existing
electric lines, water and sewer mains, and emergency access
throughout the right-of-way. All other service providers have
indicated no objection to the abandonment.
City Commission Documentation
Ilene Court Abandonment
Page 2
The street will be abandoned to the Association, who will take
over responsibility for its maintenance. As long as the
appropriate replacement easements are dedicated and public
access is maintained, there should be no remaining issues with
this abandonment.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of March 21, 1994. Bill Alexander of the Delray Estates
Homeowners Association stated that improvements will be made at
the closure. He will be working with the Fire Department to
ensure that emergency access is available. The board
recommended approval of the abandonment request by a 5-0 vote.
RECOMMENDED ACTION:
By motion, approve the abandonment of the Ilene Court
right-of-way through the enactment of Resolution 33-94.
Attachment:
* Location Map, Reduced Survey, & Resolution 33-94
T:CC--ILENE.DOC