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RESOLUTION NO. 5-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF THE 16 FOOT ALLEY RIGHT-OF-WAY LOCATED ON
THE WEST 16 FEET OF BLOCK 73, TOWN OF LINTON (NOW
DELRAY BEACH) , ACCO~ING TO THE PLAT THE~OF
RECORDED IN PLAT BOOK 12, PAGE 62, PUBLIC RECORDS OF
PALM BEACH CO~TY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED HEREIN.
WHE~AS, the City of Delray Beach, Florida, is the owner
of a 16 foot alley right-of-way lying east of and adjacent to N.E.
1st Avenue right-of-way, on the west 16 feet of Block 73, Town of
Linton (now Delray Beach), according to the Plat thereof recorded
in Plat Book 12, Page 62, Public Records of Palm Beach County,
Florida; and,
WHEREAS, Kenneth R. Carlson, Architect, P.A., duly
authorized Agent for A.M. Davis Mercantile Company, has made
application for abandonment of a portion of the 16 foot alley
right-of-way lying east of and adjacent to N.E. 1st Avenue
right-of-way, on the west 16 feet of Block 73, Town of Linton (now
Delray Beach); and,
WHE~AS, 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
interests of the City of Delray Beach to vacate and abandon said
portion of the alley right-of-way.
NOW, THE~FORE, BE IT ~SOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.102(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:
The West sixteen (16) feet of BLOCK 73, TOWN OF
LINTON (now Delray Beach), according to the Plat
thereof recorded in Plat Book 12, Page 62, Public
Records of Palm Beach County, Florida (as the same
was conveyed to the City of Delray Beach for public
alley purposes by recorded deed in Official Record
Book 1227, Page 486, Public Records of Palm Beach
County, Florida), LESS AND EXCEPTING the North
143.50 feet thereof.
Containing 0.0527 acres, more or less.
PASSED AND ADOPTED in regular session on this the 12th
day of January, 1993.
~ATTEST: ~X~sins~twaspreparedby:
Jeffrey S. Kurtz, City Atty.
City C~rk t
Delray Beach, FL 33444
N.E. 5TH ST.
N.E. 4TH ST.
N.E. 3RD ST.
POST OFFICE SQUARE
ABANOONMENT
RECOR~ VERIFI£D OOROTHY H ~IL~
. CLERK OF THE COURT - ,~B CO~JNT¥', FL
£1TY OF OELRFIY BEI:I[H
CERTIFICATION
I, ALISON MacGREGOR HARTY, City Clerk of the City of Delray
Beach, Florida, do hereby certify that the above and foregoing is
a true and correct copy of Resolution No. 5-93 which was passed
by the City Commission on January 12, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and the
Official Seal of the City of Delray Beach, Florida, on this the
24th day of February, 1993.
-' ~,, ~,.~; ..
-' '~ '~,'5 Alison MacGregor -H-a~ty '
_ ~'" ' ' ...... City Clerk
.~'~ '~,-'.' .~. C~ty of Delray Beach
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~l
SUBJECT: AGENDA ITEM ~ gA - MEETING OF JANUARY 12. 1993
RESOLUTION NO. 5-95
DATE: January 8, 1993
This is a resolution vacating and abandoning a portion of the 16 foot
alley right-of-way located on the west 16 feet of Block 73, Town of
Linton, adjacent to the Publix Shopping Center in Pineapple Grove.
In June, 1965, the Commission abandoned the 16 foot alley that
traversed the center of Block 73. As a result of that abandonment,
the western 16 feet of Block 73 was dedicated as a replacement alley.
In September, 1992, the Site Plan Review and Appearance Board approved
the minor site plan modification for the parking lot at Publix. The
plan included changes to the loading area at the rear of the building.
Subsequently, it was noted that loading area is located within the
existing alley.
As, utilities have not been placed in the alley and it has not been
used for public access, abandonment action is appropriate.
Recommend approval of Resolution No. 5-93.
RESOLUTION NO. 5-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION
OF THE 16 FOOT ALLEY RIGHT-OF-WAY LOCATED ON THE WEST 16
FEET OF BLOCK 73, TOWN OF LINTON (NOW DELRAY BEACH),
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12,
PAGE 62, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, is the owner of a
16 foot alley right-of-way lying east of and adjacent to N.E. 1st Avenue
right-of-way, on the west 16 feet of Block 73, Town of Linton (now
Delray Beach), according to the Plat thereof recorded in Plat Book 12,
Page 62, of the Public Records of Palm Beach County, Florida; and,
WHEREAS, Kenneth R. Carlson, Architect, P.A., duly authorized
Agent for A.M. Davis Mercantile Company, has made application for
abandonment of a portion of the 16 foot alley right-of-way lying east of
and adjacent to N.E. 1st Avenue right-of-way, on the west 16 feet of
Block 73, Town of Linton (now Delray Beach); 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 interests of
the City of Delray Beach to vacate and abandon said portion of the alley
right-of-way.
NOW, THEREFORE, B~ IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.102(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:
The West sixteen (16) feet of BLOCK 73, TOWN OF LINTON
(now Delray Beach), according to the Plat thereof
recorded in Plat Book 12, Page 62, Public Records of
Palm Beach County, Florida (as the same was conveyed to
the City of Delray Beach for public alley purposes by
recorded deed in Official Record Book 1227, Page 486,
Public Records of Palm Beach County, Florida), LESS AND
EXCEPTING the North 143.50 feet thereof.
Containing 0.0527 acres, more or less.
PASSED AND ADOPTED in regular session on this the 12th day of
January, 1993.
MAYOR
ATTEST:
City Clerk
N.£. 5TH ST.
N.E. 4TH ST.
N.E. 5RD ST.
z
-- i POST OFFICE SQUARE
ABANDONMENT
CITY COMMISSION DOCUMENTATION
TO: /~D~ID T. HARDEN, CITY MANAGER
THRU: ~ID JJN~ACS,'DIRECTOR
~ANNING AND ZONING
FROM:
PLANNING TECHNICIAN II
SUBJECT: MEETING OF JANUARY 12, 1993
ABANDONMENT OF ALLEY RIGHT-OF-WAY **CONSENT AGENDA**
BLOCK 73 - PUBLIX SHOPPING CENTER
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the abandonment of a 563' x 16' section of
alley right-of-way.
The subject alley is located adjacent to and directly east
of Northeast 1st Avenue between Northeast 3rd Street and
Northeast 4th Street.
BACKGROUND:
In June, 1965, through Resolution 20-65, the City Council of
Delray Beach abandoned the 16' alley that transversed the center
of Block 73, Town of Delray. As a result of that abandonment,
the western 16' of Block 73 was dedicated as a replacement alley
by quit-claim deed. Utilities have not been placed in the alley
and it has not been used for public access.
On September 16, 1992 the Site Plan Review and Appearance Board
approved the minor site plan modification for the parking lot at
the downtown Publix center. The plan includes changes to the
loading area at the rear of the Publix building. During the
review it was noted that the loading area is located within the
existing alleyway. As the alleyway serves no public purpose,
this abandonment action is appropriate.
For further background and analysis, please refer to the
attached Planning and Zoning Board staff report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of December 14, 1992 and recommended approval of this
abandonment.
City Commission Documentation
Block 73 Alley Abandonment
Page 2
The Board also recommended the waiver of Code Section
2.4.6(O)(3)(e), which requires a replat of the property, in
order to consummate the abandonment.
RECOMMENDED ACTION:
By Resolution:
* Approve the abandonment of the 16' alley adjacent to
lots 3-12 within Block 73, Town of Delra¥.
By motion:
* Grant a waiver to Code Section 2.4.6(O)(3)(e),
which requires a replat of the property.
Attachment:
* P&Z Staff Report
T:BLK73CC.DOC
PLANNING & ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT---
MEETINQ DATE: December 14, 1992
AGENDA ITEM: iv. B.
[~EM: Abandonment of Alleyway Lying Within Block 73
(Pineapple Grove - Publix Shopping Center)
GENERAL DATA:
Owne~ .................... City of Delra¥
Beach, Florida
Applicant ................ David J. Beyton,
President
A. M. Davis
Mercantile Company
Agent .................... Kenneth R. Carlson,
President
Kenneth R. Carlson-
Architect, P.A.
Location ................. Alley, east of NE
Avenue between NE 3rd
Street and NE 4th Street.
Property Size ............ 0.0527 acres
City Land Use Plan ....... Commercial Core
City Zoning .............. CBD (Central Business
District)
Existing Land Use...' ..... Alley Right-of-way.
Development Proposal ..... Abandonment of portion
of alley to accommodate
relocation of service
exits and entrances for
Post Office Square Shopping
Center.
Request ........ .......... Abandonment of 16 foot by
563.74 foot alley Right-of-
way adjacent to NE 1st Avenue
Right-of-way, in Block 73.
IV.B.
ITEM BEFORE THE BOARD:
The item before the Board is the review and recommendation of
the abandonment a portion of the 16' alley right-of-way within
Block 73, Town of Delray.
The subject alley is located west of and adjacent to Lots 3-12
Block 73, Town of Delray between Northeast 3rd and 4th Streets.
BACKGROUND :
On June 12, 1961, through Resolution 1332, the City Council of
Delray Beach abandoned the 16' alley that transverses the center
of Block 73, Town of Delray. Also involved with this
abandonment was the relocation of existing utilities and the
dedication of the west 16' of Lots 1-12, Block 73 Town of Delray
as a replacement alley. The action in 1961 was consummated.
In June, 1965, through Resolution 20-65, the above action was
again enacted. With this secQnd alley abandonment, the
southernmost 40' of the former alley within Block 73 became a
Florida Power and Light easement and the western 16' of Lots
1-12 were dedicated as a replacement alley by quit-claim deed.
PROJECT DESCRIPTION:
The subject alley is approximately 563.74' x 16' and is located
adjacent to lots 3-12 Block 73 Town of Delray just east of the
N.E. 1st Avenue right-of-way. The alley is immediately adjacent
to, and runs parallel to the street. To the east of the alley
is the downtown Publix Center, to the north is the downtown Post
Office, to the west are single family homes and duplexes, and to
the south is the Northeast 3rd Street right-of-way.
ABANDONMENT ANALY S I S :
Alleys are typically used as a secondary means of access which
may also contain needed utility facilities. No utilities have
been placed in this alley; it has not been used as a means of
access; and, it is currently being used as a part of the Publix
development. Based upon these factors, there really is no need
for this alley to remain as a right-of-way.
Pursuant to Code Section 2.4.6(0)(3)(e), abandonments of
rights-of-way are to be consummated by a replat of the receiving
property. However, as the alley area has been in use as a part
of the overall Publix development for years and there are no
utility facilities that would need replacement easements, this
requirement should be waived.
P & Z Board Staff Report
Block 73 Alley Abandonment
Page 2
REQUIRED FINDINGS :
Before any right-of-way abandonment can be approved the
following findings must be made:
A) That there is not, nor will there be, a need for the use of
the right-of-way for any public purpose.
As this alley has been a part of the overall Publix
development for several years, there has not and will not be
a public need for the use of this right-of-way.
B) That the abandonment does not, nor will not, prevent access
to a lot of record.
The abandonment will not prevent access to any lot since the
abandonment area lies adjacent to the 1st Avenue
right-of-way.
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.
As there are no facilities located within this alley and no
access taken from this alley, no detriment for the
provisions of utility services and access will occur.
A S S E S M E N T :
The Publix center recently received site plan approval to rework
their truck access within the area that borders Northeast 1st
Avenue. The abandonment of this alley is really a formality
involved with this process.
As previously stated, the subject alley has not been used for
access purposes and there are no utility facilities located
within the alley. These factors, as they are the most paramount
in the right-of-way abandonment process, make this alley
abandonment a relatively simple one.
R E C 0 M M E N D A T I O N :
By separate motions,
* Transmit a recommendation of approval for the abandonment
of the 16' alley adjacent to lots 3-12 within Block 73,
Town of Delray.
* Forward a recommendation to waive Code Section
2.4.6(O)(3)(e), which requires a replat of the property.
Attachments
* Location Map & Reduced Survey
T:BLK73PZ.DOC