Res 64-92 RESOLUTION NO. 64-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DEL~Y BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF AN ~LEY RIGHT-OF-WAY LOCATED IN B~CK 8,
ROSEMONT PA~, ACCORDING TO THE PLAT THE~OF RECORDED
IN PUT BOOK 13, PAGE 60 OF THE PUBLIC ~CORDS OF PA~
BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULA~Y
DESCRIBED HE~IN.
WHEREAS, the City of Delray Beach is the fee-simple owner of a
portion of an alley right-of-way located in Block 8, Rosemont Park,
according to the Plat thereof recorded in Pl~t Book 13, Page 60 of the
Public Records of Palm Beach County, Florida; and,
WHEREAS, Reverend Franck Francois, Agent for Bethel Evangelican
Baptist Church has'made application for abandonment of a portion of an
alley right-of-way located in Block 8, Rosemont Park; 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 alley right-of-way,
NOW, T~REFORE, BE IT ~SOL~D BY THE CITY COMMISSION OF THE
CITY OF DEL~Y 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 alley right-of-way in Block 8,
RoSemont Park, according to the Plat thereof recorded
in Plat Book 13, Page 60, of the Public Records of
Palm Beach County, Florida, described as follows:
Begin at the southwest corner of Lot 19, Block 8 of
said Plat of Rosemont Park; thence N.0°28'34"E., along
the west line of Lots 19 and 20, 103.13 feet to the
northwest corner of said Lot 20; thence N.89o59'47"W.,
16.00 feet to the northeast corner of Lot 5, Block 8;
thence S.0°28'34"W., along the east line of Lots 5 and
6, 103.13 feet to the southeast corner of said Lot 6,
Block 8; thence N.90°00'00"E., 16.00 feet to the said
Point of Beginning.
PASSED AND ~OPTED in regular session on this the 16th day of
ATTEST: This instrument was prepared by:
Jeffrey S. Kurtz, City Atty.
~.~Y"/'h~,,~,i~D7 fi'/~.~ 200 N.W. 1st Avenue
city Clerk F Delray Beach, FL 33444
Alley Abandonment /~ ~
Bethel Evanselfcal Church ~x' q* , ~;.r~
1" ~ 300~
[IT¥ I]F DELRII¥ BEIICH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 . 407/243-7000
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. 64-92 which was
passed by the Commission on June 16, 1992.
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 July, 1992.
Alison M~bGregc~ Hasty'
.. ~ ...... City
Clerk
City of Delray Beach
~.~
RECORD VERIFIED
pALM BEACH cOUNTY FLA
TH~-: EFFORT ALWAYS MATTERS CLERK CiRCUiT COUR'I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM ~ ~ - MEETIN~ OF JUNE 16, $992
RESOLUTION NO. 64-92
DATE: June 12, 1992
This is a resolution vacating and abandoning a portion of an alley
right-of-way located within Block 8, Rosemont Park in conjunction
with the Bethel Evangelical Church project.
This abandonment is required as a condition of conditional use and
site plan approval for Bethel Evangelical Church. This abandonment
is necessary to connect the proposed parking lot with the Church lot
since offsite parking is not allowed. Replacement easements were
also required. That action is located elsewhere on the agenda.
Recommend approval of Resolution No. 64-92.
C I TY COMM I S S I ON DOCUMENTAT I ON
TO: /~DAVID T. HARDEN, CITY MANAGER
THRU: DAVID J. ~OVACS, DIRECTOR
ANNING AND ZONING
FROM:
PLANNING TEC~ICIAN II
SUBJECT: MEETING OF JUNE 16, 1992
ABANDONMENT OF ALLEYWAY **CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the abandonment of a 16' alley associated with
the Bethel Evangelical Church.
The alley is located adjacent to Lots 5-6 and 19-20 within
Block 8 Rosemont Park.
BACKGROUND:
On March 10, 1987 the City Commission approved the conditional
use and site plan for the Bethel Evangelical Church, located at
the northeast corner of Southwest 8th Avenue and Southwest 8th
Court.
In April, 1989, Bethel Evangelical Church petitioned the Planning
Department for sketch plan review to develop adjacent property as
a parking lot. It was noted during the review that the lots to
be used for parking were separated from the church property by a
16' alley. Since off-site parking was not allowed, the applicant
was informed that an abandonment petition would need to be
processed in order to develop the property as a parking lot
facility.
On March 19, 1990 the Planning and Zoning Board transmitted a
recommendation of approval for the alley abandonment associated
with Bethel Evangelical Church, subject to conditions. One of
those conditions was that when the abandonment request is to be
considered by the City Commission, replacement easements shall be
granted to cover existing facilities.
The acceptance of an easement deed for those facilities is also
on the consent agenda, therefore action may now be taken on the
abandonment of the alley.
City Commission Documentation
Abandonment of Alley - Bethel Evangelical Church
Page 2
REQUIRED FINDINGS:
Before any right-of-way abandonment can take place the following
findings must be made:
1) That there is not, nor will there be, a need for the use of
the right-of-way for any public purpose.
There is no public need for the right-of-way as the alley
dead-ends and is unimproved, no access is taken from the
alley, and appropriate easements are being provided for
existing facilities.
2) That the abandonment does not, nor will not prevent access to
a lot of record.
The subject alley is unimproved and all properties adjacent
to the alley primarily take access from Southwest 8th Avenue,
7th Avenue, and 8th Court. Therefore, the abandonment of
this alley will not prevent access to any lot of record.
3) 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.
The abandonment of this alley will not result in detriment
for the provision of utility services to adjacent properties
due to the fact that a replacement easement is being provided
for all affected facilities.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of March 19, 1990 at which time a recommendation of
approval was transmitted to the City Commission, subject to the
following conditions:
* Concurrent with consideration of the abandonment petition by
the City Commission, replacement easements shall be granted
to cover existing utility facilities.
* Concurrent with the development of the parking lot, the
Church with the permission of the property owner (Lot 5),
shall relocate the existing chain-link fence to the
centerline of the alley.
* The proposed parking lot must be designed to accommodate the
existing utility poles.
City Commission Documentation
Abandonment of Alley - Bethel Evangelical Church
Page 3
RECOMMENDED ACTION:
By motion, approve the abandonment of the alley associated with
Bethel Evangelical Church through the enactment of Resolution
-92.
Attachment:
* Location Map and Reduced Survey
T:BETHEL.DOC
Alley Abandonment ,o ~
Bethel Evangelical Church ~ "~ , ~;.:A
1" = 300'