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Res 42-93 RESOLUTION NO. 42-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE RIGHT-OF-WAY FOR QUEENS AVENUE AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CERTAIN CONDITIONS. WHEREAS, Michael S. Weiner, Esquire, as duly authorized agent for Bill Wallace Ford, Inc., has made application for abandonment of a portion of the right-of-way for Queens Avenue as the same is more particularly described herein; 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 purpose of right-of-way and deems it to be in the best interests of the City of Delray Beach to vacate and abandon said 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: That part of the Right-of-Way for Queens Avenue as shown on the Plat of Sands O'Sea, according to the Plat thereof recorded in Plat Book 21, Page 27 of the Public Records of Palm Beach County, Florida, described as follows: Commence at the southwest corner of Lot I of said Plat of Sands O'Sea; thence North 89 degrees 50' 52" East, along the South line of said Lot 1, 85.85 feet to the Point of Beginning; thence continue North 89 degrees 50' 52" East, along said South line and along the North line of said Queens Avenue, 744.25 feet to the southeast corner of Lot 10; thence South 2 degrees 08' 28" West, 50.04 feet to the northeast corner of Lot 11; thence South 89 degrees 50' 52' West, along the North lane of said Lot 11 and along the South line of said Queens Avenue, 742.25 feet; thence North 0 degrees 09' 08" West, 50.00 feet to the said Point of Beginning. Containing 37,162.50 square feet or 0.8531 acre, more or less; and generally located on the south side of Lots 1 through 10, SANDS O'SEA Plat, between Wallace Drive and S.W. 10th Avenue. Section 2. That this resolution shall not become effective until such time as the replat of the Wallace holdings has been approved and can be recorded; that replacement easements are provided with the replat for existing utilities; and that a fifty foot (50') east/west right-of-way reservation be provided along the north property line with the replat. PASSED AND ADOPTED in regular session on this the llth day of May, 1993. ATTEST: - ~ City ~lerk ! Keturn to: City Clerk 100 N.W. 1st Avenue Delray Beach, FL 33444 [IT¥ JIF I:IELRII¥ BEI:I[H 100 N v~,' '~t AVENUE · ©E~A¥ BEACH. FLORIDA 33444 · 407/243-7000 ]993 CERTIFICATION I, ALISON MacGREGOR HARTY, City Clerk of the City of Delray Beach, Florida, do hereby certify that the attached is a true and correct copy of Resolution No. 42-93, vacating and abandoning a portion of the right-of-way for Queens Avenue, as the same was passed and adopted by the City Commission of the City of Delray Beach, Florida, in regular session on May 11, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 18th day of March, 1994. Allson 5f~Gr~gq~ Ha~-t~ · {: :~. ..,- City Clerk .." ...... '~ City of Delray Beach, Florida THE EFFORT ALWAYS r~/~ATTERS Return to: (enclose self-addressed stamped eflv~iope) ORB L~17~ Pt~ 6,~0 RECORD ~JERIFIED DOROll~Y ~ WIL~ CLERK OF THE COURT - P~, COU~TY~ F~_ Properly Appraisers PatceJ Idenfificati~ (Folio) Numbers): 7 UNTON BOULEVARD MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'I SUBJECT: AGENDA ITEM # ~ - MEETING OF MAY 11, 1993 RESOLUTION NO. 42-93 DATE: May 7, 1993 This is a resolution vacating and abandoning a portion of the right-of-way for Queens Avenue located between Wallace Drive and S.W. 10th Avenue. The issues involved with the Queens Avenue abandonment are providing replacement easements for the existing utilities, ensuring access is provided to lots of record (13 existing lots), and accommodating the potential for a replacement east/west right-of-way. These issues will be resolved through the replat of Wallace holdings, which is placed elsewhere on the agenda for approval. As a result of the replat action, the negative effects of the abandonment should be mitigated. The Planning and Zoning Board at their February 22nd meeting recommended approval of the abandonment, subject to conditions. A detailed staff report is attached as backup material for this item. Recommend approval of Resolution No. 42-93 abandoning a portion of the Queens Avenue right-of-way, subject to the conditions recommended by the Planning and Zoning Board. CITY COMMISSION DOCUMENTATION TO: /~D T. HARDEN, CITY MANAGER THRU' · DKVID J.~ KOVACS, DIRECTOR PLANNING AND ZONING FROM: ~ STEVEN~.~TYAI~LOR PLANNING TECHNICIAN II SUBJECT: MEETING OF MAY 11, 1993 ABANDONMENT OF 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 a portion of the Queens Avenue right-of-way. The subject right-of-way is located north of Linton Boulevard, east of Wallace Drive. BACKGROUND: On January 27, 1993 the site plan for Wallace Dodge was approved by the Site Plan Review and Appearance Board, subject to conditions. During the review process of the site plan, the need to abandon approximately 50'x 744.25' of the Queens Avenue right-of-way was identified. The abandonment petition was received in November, 1992, and several issues were identified, such as access to existing lots of record, the need for replacement easements, the possible need for a replacement right-of-way, and a replat of the Wallace holdings. For more detailed information, please see the attached Planning and Zoning staff report. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of February 22, 1993. The Board approved the abandonment request, subject to the following conditions: 1. That this abandonment shall not become effective until the replat of the Wallace holdings has been approved and can be recorded. City Commission Documentation Queens Avenue Abandonment Page 2 2. That replacement easements be provided with the replat for the existing FPL, Southern Bell, and sanitary sewer facilities. 3. That a 50' east/west right-of-way reservation be provided along the north property line with the replat. All conditions of approval have been incorporated within the replat of Wallace Dodge, which is also before the Commission. RECOMMENDED ACTION: By motion, approved the abandonment of the eastern 744.25' of the Queens Avenue right-of-way through the enactment of Resolution -93, subject to the conditions of approval as put forth by the Planning and Zoning Board. Attachment: * P&Z Staff Report T:QUEENSCC.DOC PLANNING & ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT--- MEETING DATE: February 22, 1993 AGENDA ITEM: IV. B. .. CLEM: Abhndonment of Queens Avenue, Which Lies Between Wallace Drive and S.W. 10th Avenue, North of Linton Boulevard GENERAL DATA: I//-- L Peri[toner ............... Wallace Ford, Inc. __/.! Wallace Dodge, Inc.~. / J J Agent .................... Michael S. Welner , Location ................. North of Llnton I[ /~ . , Boulevard, East of Wallace Dr. // City Land Use Plan ....... General Commercial !lllllllll City Zoning .............. AC (AutomotiVecommercial) Existing Land Use ........ Unimproved road right- o~--,,¥. (;~,111111' .i { Development Proposal ..... Parking area for expansion of existing I ~ /'/ automobile dealership. Request .................. Abandonment of 744.25 feet of the 50 foot UN~O~ BOU~VmtO i?' Way. IV.B. ITEM BEFORE THE BOARD: The item before the Board is the review and recommendation of the abandonment of approximately 50' x 744' of the Queens Avenue right-of-way. The subject right-of-way is located north of Llnton Boulevard, between Wallace Drive (Germantown Road) and Southwest 10th Avenue. This abandonment is being processed pursuant to LDR Section 2.4.6(0). BACKGROUND: On October 24, 1989 the City Commission approved a site plan for Wallace Germantown Woods Dodge. With the review of that site plan, there was a request to abandon Queens Avenue. The abandonment of Queens Avenue was recommended for approval by the Planning and Zoning Board on October 16, 1989, subject to its consummation through a replat of the Wallace holdings. While the replat was certified by the Board, it was not taken to the City Commission for final action, therefore the abandonment of Queens Avenue was never consummated. In 1992 a site plan for expansion of the Wallace Dealership was submitted. That site plan was approved by the Site Plan Review and Appearance Board on January 27, 1993 and was predicated upon successful processing of a new abandonment request. As Queens Avenue is within the development area of the current Wallace Dodge site plan and plat, the abandonment is again being processed. P R O J E C T D E S C R I P T I O N : The portion of Queens Avenue that is to be abandoned is 50' x 744.25' and is located Just north of the existing Wallace Nissan site. There is also 85.85' of the Queens Avenue right-of-way that will not be abandoned, due to an inability to obtain the adjacent property owner's approval. To the north of Queens Avenue exists Lots 1-10 Sands-O'Sea subdivision, to the east is S.W. 10th Avenue, to the south there is the existing Wallace Nissan site and Lots 11-15 Sands O'Sea, and to the west there is the remaining 85.85' of Queens Avenue. P & Z Board Staff Report Queens Avenue Abandonment Page 2 ABANDONMENT ANAL Y S I S : Based upon the survey submitted by the applicant, there are currently FPL, Southern Bell, and sanitary sewer facilities located within the right-of-way. In addition to their overhead lines, Southern Bell has indicated that there are existing underground lines. Replacement easements to accommodate these facilities will be necessary. If Queens Avenue is abandoned, only one (1) east/west connection will exist (S.W. llth Street) between Wallace Drive and S.W. 10th Avenue. With the planned extension of S.W. 10th Avenue from Llnton Boulevard to S.W. 10th Street, and the possible abandonment/closure of Wallace Drive at Linton Boulevard, the need for an additional east/west connector becomes evident. In considering whether or not the right-of-way for a connector should be provided with the abandonment of Queens, it seems that the need for the additional connector would be triggered by the abandonment of Wallace Drive, thus the right-of-way should be dedicated concurrent with that future abandonment. It is appropriate at this time, however, to reserve sufficient right-of-way for a connecting road. This will ensure that the corridor remains available if it is needed in the future. Pursuant to Code Section 2.4.6(0) (3)(e), all abandonments of rights-of-way shall be consummated by a replat of the receiving property. This requirement will be met with the replat of the Wallace holdings which is also before the Board. REQUIRED FINDINGS : Before any right-of-way abandonment can be approved the following findings must be made: A) That there ~s not, nor w~ll there be, a need for the use of the right-of-way for any public purpose. The Queens Avenue right-of-way is unimproved and is not used for public access. It is one of four east/west connectors which originally existed between Wallace Drive and S.W. 10th Avenue, two of which have already been abandoned. As previously noted, if Wallace Drive' is abandoned at Linton Blvd., there will be a need for another connector to facilitate traffic circulation. The most appropriate location for such a roadway is at the northern end of the Wallace property, connecting with Georgia Street. Right-of-way for that facility is being reserved on the Wallace plat. In terms of the location of facilities within the right-of-way, replacement easements are being provided on the plat. Therefore, there is no present or future public need for the Queens Avenue right-of-way. P & Z Board Staff Report Queens Avenue Abandonment Page 3 B) That the abandonment does not, nor will not, prevent access to a lot of record. This abandonment will prevent access to thirteen (13) existing platted lots of record. However, the abandonment will be conditioned upon a replat that will combine those individual lots into larger parcels which will have access off of Llnton Boulevard and S.W. 10th Avenue. Therefore, access to the individual lots will no longer be necessary. 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. Detriment for the provision of access will not occur, since the newly created tracts will have access from Linton Boulevard and S.W. 10th Avenue. Detriment for the provision of utility services will not occur, since replacement easements will be provided with the replat. ASSESSMENT: The issues involved with the Queens Avenue abandonment are providing replacement easements for the existing utilities, ensuring access is not denied to lots of record (the thirteen (13) existing lots), and accommodating the potential for a replacement east/west right-of-way. These issues can be resolved through the replat of the Wallace holdings. No negative effects should therefore occur from the abandonment of this portion of Queens Avenue. RECOMMENDATION: By motion, transmit a recommendation of approval for the abandonment of the 50' x 744.25' of Queens Avenue, subject to the following conditions: 1. That this abandonment shall not become effective until a replat of the Wallace holdings has been approved and can be recorded. 2. That replacement easements be provided with the replat for the existing FPL, Southern Bell, and sanitary sewer facilities. 3. That a 50' east/west right-of-way reservation be provided along the north property line with the replat. Attachments * Location Map & Reduced Survey T:QUEENPZ.DOC