Res 79-93Nm:PPP. INT(804), Rq:530g,2
RESOLUTION NO. 79-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RESCINDING RESOLUTION NO.
130-92; AND VACATING AND ABANDONING A PORTION OF THE
VIA VERONA RIGHT-OF-WAY LOCATED AT THE SOUTH END OF T~E
PARK PLACE DEVELOPMENT (FORMERLY VERONA WOODS), BUT
RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT
OVER THE ENTIRE AREA THEREOF¥ AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Florida, is the owner of
an 80 ft. by 125 ft. portion of the Via Verona right-of-way, as shown
on the Plat of Verona Woods recorded in Plat Book 53, Pages 155 and
156, Public Records of Palm Beach County, Florida; 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 right-of-way; and
WHEREAS, there does remain a need to retain a general
utilities easement in favor of the City over the entirety of the area
which is to be abandoned.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2 of Resolution No. 130-92, passed
and adopted in regular session on November 24, 1992, provides that
Resolution No. 130-92 shall not become effective and shall not be
recorded until such time that a replacement easement, for existing
utilities, is provided over the entire area to be abandoned. Inasmuch
as said replacement easement has not been forthcoming, said Resolution
No. 130-92 is hereby and forever rescinded.
Section 2. That pursuant to Chapter 177.102(5) and Chapter
166 of the Florida Statutes, it is hereby determined that a portion of
the Via Verona right-of-way shall be vacated and abandoned as a public
street of the City of Delray Beach, Florida, but retaining and
reserving to the City a utility easement over the entire area thereof
for the of constructing and/or maintaining either over or
purpose
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:
Nm: PPRI NT(804). Rq:5309,3
A parcel of land in Section 30, Township 46 South,
Range 43 East, being a portion of Via Verona; as shown
on Verona Woods, according to the Plat thereof as
recorded in Plat Book 53, Pages 155 and 156, Public
Records of Palm Beach County, Florida, and being more
particularly described as the South 125 feet of Via
Verona as recorded in Plat Book 53, Pages 155 and 156,
Public Records of Palm Beach County, Florida.
Section 3. That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 14th day
of September, 1993.
ATTEST:
Acting City Clerk
- 2 - Res. No. 79-93
Nm: PPRI NT(804), Rq:5309,4
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CLERK OF 'rte COURT '- PB CO~JNTY, FL
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£~;~ c~ ..... ! cemify this document to be a true copy of the record in my office
~~~~ this' FIRST' day of DECEMBER, 1994
DOROTHY '~ILK~ Clerk of Court, Palm Beach CounV, FL
"" ~ DepU~ Clerk
Nm:PPRI NT(804), Rq:530g,1
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~ERT I F I CAT I ON
I, ALISON MacGREGOR RARTY, City Clerk of the City of Delray
Beach, Florida, do hereby certify that the attached is a true and
correct copy of Resolution No. 79-93, passed and adopted by the
City Commission in re~Fular session on September 14, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
29th day of August, 1994.
Alison Ma~cGregor/Harty -- !
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~D - MEETING OF SEPTEMBER 14, 1993
RESOLUTION NO. 79-93
DATE: September 10, 1993
This is a resolution rescinding Resolution No. 130-92; and vacating
and abandoning a portion of the Via Verona right-of-way located at the
south end of the Park Place development (formerly Verona Woods), but
reserving and retaining to the City a utility easement over the entire
area thereof.
In response to a complaint from City Federal Saving and Loan, which
owned the Verona Wood Subdivision, the City posted "NO THROUGH
TRUCKS" signs at the intersection of Germantown Road and Via Verona.
Subsequently, in February 1992, the City received another complaint
from the owners of the Andover subdivision claiming that the City was
obstructing their right to use the ingress/egress easement granted in
1958 for Via Verona.
In order to remove the City from this conflict, staff recommended
that a 80' x 125' portion of the Via Verona right-of-way be
abandoned. The Commission passed Resolution No. 130-93 at the
November 24, 1992 regular meeting, with the condition that replacement
easements be granted.
In attempting to obtain an easement deed from the adjacent property
owner (Lot 42), the City sought a partial release of mortgage. The
mortgagee questioned the need for this release since the right-of-way
area adjacent to Lot 42 is not included within the mortgage.
In light of this situation, staff has reviewed and revised the
abandonment process. From henceforth, when an abandonment takes
place, and a replacement easement is needed, the easement will be
reserved through the resolution that is being enacted to abandon the
right-of-way.
To that end, Resolution No. 130-92 is being rescinded and Resolution
No. 79-93 is placed before you for consideration.
Recommend approval of Resolution No. 79-93 rescinding Resolution No.
130-92; vacating and abandoning a 80'x 125' portion of the Via Verona
right-of-way; but reserving and retaining to the City a utility
easement over the entire area thereof.
CITY COMMISSION DOCUMENTATION
TO: / DAVID T. HARDEN, CITY MANAGER
THRU: ~ID J.-~VACS, DIRECTOR
~l. dil~ING AND ZONING
FROm:
PLANNER
SUBJECT: MEETING OF SEPTEMBER 14, 1993
RESCINDMENT OF ABANDONMENT RESOLUTION 130-92 AND
ENACTMENT OF A NEW ABANDONMENT RESOLUTION TO ABANDON A
PORTION OF THE VIA VERONA RIGHT-OF-WAY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
rescindment of Resolution 130-92 and enactment of a new
abandonment resolution. Resolution 130-92 abandoned an 80'
x 125' portion of the Via Verona right-of-way.
The subject right-of-way is located at the south end of the
Park Place development. Park Place (formerly Verona Woods)
is located south of Germantown Road and west of Homewood
Boulevard.
BACKGROUND:
On November 24, 1992 the City Commission abandoned an 80' x 125'
portion of the Via Verona right-of-way through the enactment of
Resolution 130-92. The basis for this abandonment was to
effectively remove the City from a private dispute between two
property owners (Park Place and Andover Phase III) over access
rights through Park Place.
While Resolution 130-92 was approved, a condition was attached
which stated that the resolution would not become effective and
would not be recorded until such time that a replacement
easement, for existing utilities, was provided over the area
which was to be abandoned. Therefore, an easement deed was
needed.
In attempting to obtain the deed, the City sought a partial
release of mortgage from the owner of the adjacent lot. The
adjacent property owners' mortgagee, Nations Bank, continually
questioned the need for this release since the right-of-way area
adjacent to Lot 42 is not included within the mortgage.
City Commission Documentation
Via Verona Abandonment
Page 2
In light of this situation, we reviewed our abandonment process
and have altered procedures in order to "streamline" it. From
henceforth, when an abandonment takes place and a replacement
utility easement is needed, that easement will be reserved
through the resolution that is being enacted to abandon the
right-of-way.
To this end Resolution 130-92 is being rescinded and a new
resolution, which will reserve a utility easement over the
abandoned area, is being enacted.
PLANNING AND ZONING BOARD CONSIDERATION:
Please see the attached City Commission documentation for a
report on the previous Planning and Zoning Board consideration.
RECOMMENDED ACTION:
By motion, rescind Resolution 130-92 and approve the abandonment
of the southern portion of the Via Verona right-of-way through
the enactment of a new resolution.
Attachment:
* Previous City Commission Documentation & Location Map
T:RESCINDC.DOC
CITY COMMISSION DOCUMENTATION
TO: /fOAVID T. HARDEN, CITY MANAGER
THRU: DAV~J) J. ~S, DI~C~R
ING ~D ZONING
FROM:
P~NING TECHNICI~ II
SUBJECT: MEETING OF NOVEMBER 24, 1992
ABANDONMENT OF A PORTION OF THE PUBLIC RIGHT-OF-WAY
KNOWN AS VIA VERONA
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the abandonment of an 80' x 125' portion of the
Via Verona right-of-way.
The subject right-of-way is located at the south end of the
Park Place development. Park Place (formerly Verona Woods)
is located south of Germantown Road and west of Homewood
Boulevard.
BACKGROUND:
During the last few years there has been a dispute as to rights
of access and the relationship between the Via Verona
right-of-way and an underlying easement which gives certain
rights to what is known as the Andover Phase III development.
In researching this matter, the City Attorney's Office noted
that there is excess right-of-way at the south end of Via Verona
and -that it would be appropriate to have it abandoned. This
item was initiated administratively and is being processed.
Please refer to the attached Planning and Zoning Board staff
report for a more in-depth discussion of the background and for
an analysis/assessment of the request.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of November 16, 1992. Mr. Tom Fleming, representing
interests of the property owner to the south (Andover Phase III)
provided further background and requested that the abandonment
City Commissi, Documentation
AbandoDment ok a Portion of Via Verona
Page 2
not be approved. On a 4-2 vote (Beer and Klselewski
dissenting), the Board recommended DENIAL of the abandonment;
and further, that the Commission should direqt to have the "NO
THROUGH TRUCKS" signing at the intersection of Via Verona and
Germantown Road removed.
The Board's recommendation was based more upon the
appropriateness of the action as opposed to a need for the
right-of-way for public purposes. In essence, the Board felt
that the abandonment of the Via Verona right-of-way would not
solve the problems (dispute) which exists and would only serve
to "muddy the waters".
During consideration it was generally acknowledged that the
right-of-way could, otherwise, be abandoned since 1) it was not
planned as a connector road; and, 2) it is unused and
unimproved. In addition, the abandonment of this section of
right-of-way would not diminish rights relating to the
underlying easement.
ALTERNATIVE ACTIONS:
1. Deny the Administration initiated request for abandonment
pursuant to the recommendation of the Planning and Zoning
Board.
2. Approve the requested abandonment subject to the following
conditions and waiver:
* That a replacement easement, for existing utilities,
be provided over the area which is to be abandoned.
* That the requirement for consummation by platting be
waived.
RECOMMENDED ACTION:
Commission's discretion.
Attachment:
* P&Z Staff Report
T:VERONACC.DOC
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