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Res 86-92 92-279570 RESOLUTION NO. 86-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN 80 FOOT PORTION OF DIXIE BOULEVARD RIGHT-OF-WAY, TOGETHER WITH A 3 FOOT UTILITY EASEMENT, LOCATED WITHIN BLOCK 17, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGES 9 AND 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach is the fee-simple owner of an 80 foot portion of Dixie Boulevard right-of-way and a 3 foot utility easement located within Block 17, Del-Raton Park, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10 of the Public Records of Palm Beach County, Florida; and, WHEREAS, Joseph R. Cook, Agent for Aiden, Inc., has made application for abandonment of an 80 foot portion of Dixie Boulevard right-of-way and a 3 foot utility easement located within Block 17, Del-Raton 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 portion of right-of-way and utility easement, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.102(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: RIGHT-OF-WAY TO BE ABANDONED: A part of the 80 foot right-of-way for Dixie Boulevard, as shown on the Plat of Del-Raton Park, as recorded in Plat Book 14 at Pages 9 and 10 of the Public Records of Palm Beach County, Florida, said part being more particularly described as follows: Begin at the northwest corner of Lot 6, Block 17 of the said Plat of Del-Raton Park; thence south, on an assumed bearing, along the west line of said Block 17 and its southerly extension, a distance of 150.00 feet to the centerline of Avenue D, as shown on said plat; thence west, along said centerline of Avenue D, a distance of 80.0 feet to the southerly extension of the east line of Block 1 of said Plat of Del-Raton Park; thence north, along said southerly extension and along said east line of Block 1, a distance of 150.0 feet to the northeast corner of Lot 27 of said Block 1; thence east, along the easterly extension of the north line of said Lot 27 of Block 1, a distance of 80.0 feet to the Point of Beginning. Containing 0.275 acres, more or less. 7392 UTILITY EASEMENT TO BE ABANDONED: The north 3.00 feet of Lots 11 to 22, inclusive, Block 17, Del-Raton Park, according to the Plat thereof recorded in Plat Book 14, Page 9 of the Public Records of Palm Beach County, Florida. Containing 0.02 acres, more or less. Section 2. That this resolution shall not become effective until such time as the approved plat has been recorded with the Clerk of the Circuit Court in and for Palm Beach County, Florida. PASSED AND ADOPTED in regular session on this the llth day of August, 1992. ATTEST: q~ G~' This instrument prepared by: Jeffrey S. Kurtz, Esq. Acting City Cle~k~/ City Attorney 200 N.W. let Avenue Delray Beach, FL 33444 CERTIFICATION I, SUSAN O'BRIEN, Acting 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. 86-92 which was passed and adopted in regular session by the City Commission on the llth day of August, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 13th day of August, 1992. A .,,' ''..,' Susan O'Brien ,' . Acting City Clerk ~ ~,~ ,~ ~-5-~ ~; City of Delray Beach, Florida ,SE~L AVENUE D r"'- ~4 ii I REcoRO I pALM BEACH c©UN'TY FLA. II J CL~RK o~RCU~ coURT MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ ~ ~ SUBJECT: ~GENDA ITEM ~ ~ - MEETING OF AUGUST 11. 1992 RESOLUTION NO. 86-92 DATE: August 7, 1992 This is a resolution vacating and abandoning a 80 foot section of Dixie Boulevard right-of-way and a three foot utility easement located in Block 17 in conjunction with the replat of the Aiden property located south of Avenue A between Dixie and Federal Highways. In June 1988 an abandonment petition was processed for the abandonment of an 80 foot section of Dixie Boulevard. The petition was approved subject to the replatting of the Alden property. The replat never received formal action, therefore the abandonment petition died. In April 1992 another petition was received for the same 80 foot section of Dixie Boulevard, along with the abandonment of a three foot utility easement. The Planning and Zoning Board at their May 18th meeting reviewed the petition and recommended approval subject to the condition that a replat of the property be processed which dedicates 50 feet of additional right-of-way along Dixie Highway. The proposed abandonment has received position sign-offs from all utility providers and the replat has been filed. It is now appropriate for Commission action. The replat is located elsewhere on the agenda for action. A detailed staff report is attached as backup material for this item. Recommend approval of 86-92. RESOLUTION NO. 86-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN 80 FOOT PORTION OF DIXIE BOULEVARD RIGHT-OF-WAY, TOGETHER WITH A 3 FOOT UTILITY EASEMENT, LOCATED WITHIN BLOCK 17, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGES 9 AND 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach is the fee-simple owner of an 80 foot portion of Dixie Boulevard right-of-way and a 3 foot utility easement located within Block 17, Del-Raton Park, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10 of the Public Records of Palm Beach County, Florida; and, WHEREAS, Joseph R. Cook, Agent for Aiden, Inc., has made application for abandonment of an 80 foot portion of Dixie Boulevard right-of-way and a 3 foot utility easement located within Block 17, Del-Raton 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 portion of right-of-way and utility easement, NOW, THEREFORE, BE IT' RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.102(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: RIGHT-OF-WAY TO BE ABANDONED: A part of the 80 foot right-of-way for Dixie Boulevard, as shown on the Plat of Del-Raton Park, as recorded in Plat Book 14 at Pages 9 and 10 of the Public Records of Palm Beach County, Florida, said part being more particularly described as follows: Begin at the northwest corner of Lot 6, Block 17 of the said Plat of Del-Raton Park; thence south, on an assumed bearing, along the west line of said Block 17 and its southerly extension, a distance of 150.00 feet to the centerline of Avenue D, as shown on said plat; thence west, along said centerline of Avenue D, a distance of 80.0 feet to the southerly extension of the east line of Block 1 of said Plat of Del-Raton Park; thence north, along said southerly extension and along said east line of Block 1, a distance of 150.0 feet to the northeast corner of Lot 27 of said Block 1; thence east, along the easterly extension of the north line of said Lot 27 of Block l, a distance of 80.0 feet to the Point of Beginning. Containing 0.275 acres, more or less. UTILITY EASEMENT TO BE ABANDONED: The north 3.00 feet of Lots 11 to 22, inclusive, Block 17, Del-Raton Park, according to the Plat thereof recorded in Plat Book 14, Page 9 of the Public Records of Palm Beach County, Florida. Containing 0.02 acres, more or less. Section 2. That this resolution shall not become effective until such time as the approved plat has been recorded with the Clerk of the Circuit Court in and for Palm Beach County, Florida. PASSED AND ADOPTED in regular session on this the llth day of August, 1992. MAYOR ATTEST: City Clerk AVENUE DD | . CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: DAVID J. VK~J~S, ~DIRECTOR ~~ING AND ZONING FROM: PLANNING TECHNICIAN II SUBJECT: MEETING OF AUGUST 11, 1992 ABANDONMENT OF RIGHT-OF-WAY AND UTILITY EASEMENT **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the abandonment of an 80' section of the Dixie Boulevard right-of-way and a 3' utility easement. The subject right-of-way and easement are located south of Avenue A between Dixie Highway and Federal Highway. BACKGROUND: In June, 1988 an abandonment petition was processed for the abandonment of an 80' section Dixie Boulevard. The petition received all appropriate sign-offs from utility providers and was approved subject to the replatting of the Alden property. The replat never received formal action, therefore the abandonment petition died. In April, 1992 the Planning Department received another petition to abandon this same 80' section of Dixie Highway. Along with the right-of-way abandonment, there is also the abandonment of a 3' utility easement. Again, the abandonment received positive sign-offs from all utility providers. Also again, the abandonment was approved subject to the condition of providing a replat of the Alden property (for more detailed information on this abandonment please refer to Planning and Zoning Board's Staff Report). The replat of the Aiden property was received by the Planning Department in June, 1992 and is also on tonight's City Commission agenda for approval. Therefore, the City Commission may take action in respect to this abandonment petition. City Commission Documentation Abandonment of Right-of-Way and Utility Easement Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed the right-of-way abandonment at it's meeting of May 18, 1992 and approved the abandonment subject to the following condition: * That a replat of the property be processed which dedicates 50' of additional right-of-way along Dixie Highway with City Commission action on the abandonment to take place concurrently with the plat. The Planning and Zoning Board is not required to review the abandonment of public easements. The Planning and Zoning Department has processed the replat, received a copy of the deed dedicating the additional right-of-way, and the abandonment is now ready for City Commission action. RECOMMENDED ACTION: By motion, approve the abandonment of this 80' section of Dixie Boulevard and the 3' utility easement through the enactment of Resolution -92. Attachment: * Reduced Survey T:AIDENCC.DOC TO ~ABANDONED 311~ C~ . us~'~ PREVt~ ~.. ~ PRE VIOUB[y ABANDONED TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~'~I SUBJECT: AGENDA ITEM ~ ~-~ - MEETING OF AUGUST 11o ~992 FINAL PLAT APPROVAL/AIDEN PLAT NO. 2 DATE: August 7, 1992 In March 1988, a major site plan modification was submitted to expand the Sherwood Pontiac Dealership north onto the Alden property. This modification was approved subject to conditions, one of which was to replat the property. The conditions of approval were never complied with, therefore the site plan expired. In June 1988, a petition to abandon an 80 foot section of Dixie Boulevard was received. That abandonment was approved, subject to the condition that the abandonment be consummated concurrently with the replat of the Aiden property. As the plat never went forward, the abandonment also died. Subsequently, another petition to abandon the same 80 foot section of Dixie Boulevard was submitted. The Planning and Zoning Board has recommended approval of this abandonment subject to the condition that the abandonment be consummated concurrently with the replat and that additional right-of-way be provided along Dixie Highway. The plat has been properly prepared and is now ready for Commission action. The Planning and Zoning Board does not review final boundary plats. A detailed staff report is attached as backup material for this item. Recommend approval of the final boundary plat for the Alden Plat No. 2. C I TY COMMISSION DOCUMENTAT I ON TO: .... D~VID T. HARDEN, CITY MANAGER THRU: --~)~VID J. KOV~CS, DIRECTOR PI.~d~INING /~ID ZONING FROM: /~TEVEN E.~AYLOR PLANNING TECHNICIAN II SUBJECT: MEETING OF AUGUST 11, 1992 FINAL BOUNDARY PLAT FOR AIDEN PLAT NO. 2 **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the final boundary plat for the Aiden Plat No. 2. The project is located south of Avenue A between Dixie Highway and Federal Highway. BACKGROUND: In March, 1988, a major site plan modification to expand the Sherwood Pontiac Dealership north onto the Aiden property was submitted to the Planning Department. This modification was approved subject to conditions, one of which was to replat the property. The conditions of approval were never complied with, therefore the site plan has subsequently expired. In June, 1988, a petition to abandon an 80' section of Dixie Boulevard was received by the Planning Department. That abandonment was approved, subject to the abandonment being consummated currently with the plat of the Aiden property. Due to the fact that the plat never went forward, the abandonment also died. In April, 1992, the Planning Department received another petition to abandon the same 80' section of Dixie Boulevard. This abandonment has been approved subject to the condition of providing additional right-of-way along Dixie Highway and a replat of the property. The abandonment is also due for action on tonight's City Commission agenda. The replat for the Aiden property was received by the Planning Department in June, 1992. All items of a technical nature have been revised. The plat has been properly prepared and is now ready for City Commission action. City Commission Documentation Final Boundary Plat -Aiden Inc. Page 2 PLANNING AND ZONING BOARD CONSIDERATION: Planning and Zoning Board consideration is not required for the review of final boundary plats. RECOMMENDED ACTION: By motion, approve the final boundary plat for the Alden Plat No. 2. Attachment: * Reduced Plat T:AIDPLAT.DOC T DEI. RAY RALPH BUICK AVENUE I:'