Res 53-93 7873 796
RESOLUTION NO. 53-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
'DELRAY BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
THE CITY CLERK TO CERTIFY A SURVEY OF A PORTION OF
8TH AVENUE, RECITING THE FACT THAT RIGHT TITLE
EASEMENT AND APPURTENANCES IN AND TO SUCH ROAD HAVE
VESTED IN THE CITY OF DELRAY BEACH, FLORIDA;
DIRECTING THE CITY CLERK TO FILE SUCH A SURVEY IN
THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF
PALM BEACH COUNTY, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, has
constructed 8th Avenue extending from Northwest 1st Street south to
Southwest 1st Street; and
WHEREAS, such road connects 8th Avenue through Atlantic
Avenue; and
WHEREAS, such road is known as 8th Avenue and has been
maintained by the City in accordance with the City's standards and
practices for monitoring and maintaining its roads; and
WHEREAS, the road has been in existence, monitored,
maintained and used continuously and uninterruptedly as a City road
for a period well in excess of four years; and
WHEREAS, Florida Statute 95.361 provides that such roads
shall be deemed to be dedicated to the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Mayor and City Clerk are hereby
authorized to file a survey of 8th Avenue from Northwest 1st Street
south to Southwest 1st Street, reciting that such road has been
maintained in accordance with City standard procedures for
maintaining City roads, continuously and uninterruptedly for a
period of at least four years.
Section 2. That the City Clerk is hereby directed to
record the survey of 8th Avenue with a recitation stated above and
certified by the Mayor and City Clerk.
7875 P~ 797
PASSED AND ADOPTED in regular session on this the 8th day
of June, 1993.
ATTEST:
~ Cit~ ~lerk !
- 2 - Res. No. 53-93
Return to: {enclose sell-addressed stamped envelope)
Address:
SFP-07-!993 4:3~m 93--2851[06
- ORB 7875 P~- 795
Ill II illl I1~1 IIII I~
Property Appraisers Parcel tdentili~tion (Folio) Number(s):
£'T¥ OF tlELRII !R !
CITY CLERK v ,ooN.. . OE'.R^ BEACH, ·
1993
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. 53-93, as the same was
adopted by the City Commission of the City of Delray Beach,
Florida, in regular session on the 8th day of June, 1993;
together with Edge of Pavement Location Survey, NW/SW 8th Avenue,
certifying that the portion of 8th Avenue between Southwest 1st
Street and Northwest 1st Street is hereby declared to have vested
in the City of Delray Beach, Florida, in accordance with Florida
Statutes 95.361(1) .
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
30th day of August, 1993.
Certified by:
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
HARTY
THE EFFORT ALWAYS MATTERS
Prlnt~d on k~ecycled P~¥~r
ORE~ 7875
RIGI-t
ORB 7875 Ps 79? --
NORTH
PROPO SE.o
RIGHT OF WAY LINES
, , EDGE OF PAVEI~ENT
~5~. z]~' S.W. 8TH AVENUE
RIGHT OF WAY LINES ~--BACK OF WALK
F0U
EDGE OF PAVEMENT
N.W. 8TH A VV, NII IV,
GRAPHIC SCAI
20 0 10 ~Q 4Q
! ~nob -, 20 tL
0F PAVEMENT
, 25.0' PER P.B. 23-PG.72
SUBDIVISION OF BLOCK 5
5' CONCRETE SIDEWALK
~--BACK OF WALK LINE
10.24'
FOUND NAIL/WASHER~x,,, ~FOUND PK NAIL &
WASHER . O'BRIEN ,SUITOR. O'BRIEI,F
~ISANITARY sEwER I~NHOLE
7875
GRAPHIC SCALE
( II,l l~ )
1 tush - 20 l~.
SANITARY SEWER MANHOLE
[TOR,O'BRIEN" '
RIGHT OF WAY LINES
~' -- C/L N.W. 8TH AVENUE
ORB 7875 P~ 8(32
FOUND #4 IRON ROD ~
& CAP #1141
FOUND #4 IRON
& CAP #4034~
FOUND #3 IRON ROD
/r--IN CONCRETE
OR~, 7875 P~. 80-3
ORB 7875 p~ 804
EDGE OF PAVEMENT
N.W. 8TH AVENUE
25.0' PER P.B. I-PG.3
TOWN OF LINTON
5' CONCRETE SIDEWALK
, BACK OF WALK LINE
CERTIFICATION
I hereby certify that the Specific Purpose Survey
true and correct to the best of my knowledge and
in the field under my responsible direction on Ma
that said survey meets the Minimum Technical Stan
the Florida Board of Professional Land Surveyors
Florida Administrative Code pursuant to Section 4
Statutes. ,
Manuel
Profesl
Fla. ~
NOTES:
1. Original Plats have no bearings determined.
2. Survey not valid unless embomsed with Surveyo~
~'¢~.~! r~ /T N.W. 8TH AVEN1
RIGHT OF WAY LINES ,.. ~ .
~- BAC
Specific Purpose Survey sho~n hereon is
st of my knowledge and belief as surveyed
ons/ble direction on May 21st__ of 19951 and
Minimum
Technical Standard~ set forth
by
,ssional Land Surveyors in ~hapter 21HH-&
e pursuant [o Section 47~.~~lorida
Professional Land Surveyor
Fla. Reg. # 41~2
bearings determined.
~ embossed ~ith Surveyor's seal.
ORB 787S P~ 807
F'E,..iO~D VERiFiED DOROI'HY H WILKEN
I CLERK OF THE COURT - PB COUNTY, FL ·
DF WALK L~NE [.
,-4
DATE: F.B.
SU~V~Y ~. · . D s o ~ v z Y o s s
SOUTH, 101 S. E. 8th Avenue, Suite E
INCORPORATED Delray Beach, Florida .33483
(407)e78-7341
EDGE OF' PAVEMENT LOCAllON SURVEY
NW/SW 8THAVENUE
CHECKED BY: DRAWN BY DATE SCALE
MAG JMG 5-24-93 1' = 20'
APPROVED BY: JOB NO. FIELD BOOK & PAGE SHEET NO.
MAG 93120 1 OF 1,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM $ ~ - MEETING OF JUNE 8. 1993
RESOLUTION NO. 53-93
DATE: June 4, 1993
This is a resolution authorizing the Mayor and City Clerk to certify a
survey of a portion of 8th Avenue. At this time, there is a question
as' to the extent of the City's right-of-way on 8th Avenue. It is
possible that a portion of 8th Avenue, between N.W. and S.W. 1st
Streets, is on property which was not dedicated to the City. This
resolution will enable the City to claim that 8th Avenue is vested
with the City.
Recommend approval of Resolution No. 53-93.
£1TY I)F [IELAfl¥ BESlgH
CITY ATTORNEY'S OFFICE
FACSIMILE 407/2~8-4755 ~&~' ~ ~~
(407) 243-7090
MEMORANDUM
Date: June 3, 1993
To: City Commission
From: David N. Tolces, Assistant City Attorn~
Subject: Resolution Authorizing the City Clerk to File a
Right-of-Way Survey of 8th Avenue with the Public
Records of Palm Beach County
This resolution which is before you for your approval addresses
a right-of-way problem which the City has on 8th Avenue between
N.W. and S.W. First Streets. At this time, there is a question
as to the extent of the City's right-of-way. It is possible
that a portion of 8th Avenue between N.W. and S.W. 1st Streets
is on property which was not dedicated to the City. This
resolution will enable the City to claim that 8th Avenue is
vested with the City.
Pursuant to Section 95.361, Florida Statutes, the City is
authorized to file in the Public Records of Palm Beach County a
survey map indicating the extent of 8th Avenue which presently
exists within the City. The only requirement is that the City
has maintained the road for a period of at least four years.
In order to vest any title to lands which the road is presently
crossing, the City is authorized to file the resolution in the
Public Records of Palm Beach County. Your approval of this
resolution will enable the City to defeat any claims of any
property owners who are alleging that the City has improperly
located a road on their property.
There still exists a portion of the right-of-way which the City
will need to acquire. However, this resolution will allow the
City to properly maintain 8th Avenue in its present
configuration.
If you have any questions, please call.
DNT: s h
Attachment
cc: David Harden, City Manager
David Kovacs, Director of Planning & Zoning
Cheryl Leverett, Executive Assistant
8thavel. dnt
[IT¥ OF OELRFI¥ BEFI[H
CITY ATTORNEY'S OFFICE! ~' ~" ~' ~"~"~'~' '~¥ ,~,, ~o~ ~4~
(407) 243-7090
MEMORANDUM
Date: June 10, 1993
To: Alison MacGregor Harty, City Clerk
From: David N. Tolces, Assistant City Attorne~
Subject: Resolution and Right-of Way Survey of 8th Avenue
I am attaching the 8th Avenue survey which needs a certifica-
tion done by the City Clerk which states the following:
The 9ortion of 8th Avenue between Southwest 1st
Street and Northwest 1st Street is hereby declared to
have vested in the City of Delra¥ Beach, Florida, in
accordance with Florida Statutes 95.361(1).
Certified by:
CITY OF DELRAY BEACH, FLORIDA
MAYOR
ATTEST:
City Clerk
SEAL
Once this has been comgleted, the survey and the resolution
should be recorded with the Clerk of the Court. Should you
have any questions, please call.
DNT:sh
Attachment
£1TV gELIIRV BEII£H
1993
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. 53-93, as the same was
adopted by the City Commission of the City of Delray Beach,
Florida, in regular session on the 8th day of June, 1993;
together with Edge of Pavement Location Survey, NW/SW 8th Avenue,
certifying that the portion of 8th Avenue between Southwest 1st
Street and Northwest 1st Street is hereby declared to have vested
in the City of Delray Beach, Florida, in accordance with Florida
Statutes 95.361(1).
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
30th day of August, 1993.
Certified by:
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
ALii SON' M~cGRE~O~ HARTY
CITY CLERK
SEAL
THE EFFOR'T ALWAYS MATTERS