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Res 93-92 RESOLUTION NO. 93-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ONE ALLEY ONE FOOT IN WIDTH, TWO ALLEYS TEN FEET IN WIDTH, ONE ALLEY SIXTEEN FEET IN WIDTH, ONE ALLEY EIGHTEEN FEET IN WIDTH AND THREE PARKING AND UTILITY EASEMENTS FIFTEEN FEET IN WIDTH, LYING WITHIN THE TROPIC ISLE TRADING CENTER SUBDIVISION, AS RECORDED IN PLAT BOOK 25, PAGE 35, 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 one alley one foot in width, two alleys ten feet in width, one alley sixteen feet in width, ..one alley.eighteen feet in width and three parking and utility easements fifteen feet in width, lying within the Tropic Isle Trading Center Subdivision, as recorded in Plat Book 25, Page 35, of the Public Records of Palm Beach County, Florida; and, WHEREAS, Roy Young, Agent for Delray Lincoln Mercury, has made application for abandonment of said alley, parking and utility easements lying within the Tropic Isle Trading Center Subdivision; 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, parking and utility easements, 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: Parcel 1: A parcel of land lying in "Tropic Isles Trading Center", as recorded in Plat Book 25, Page 35 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Comencing at the Southwest corner of said "Tropic Isles Trading Center"; thence S.86° 59'10"E., a distance of 25.25 feet to the Point of Beginning; thence continuing N.86o59'10"E. along the South line thereof, a distance of 410.85 feet; thence S.87o 13'17"E., continuing along said South line, a distance of 145.65 feet to a point of intersection with the Southerly projection of the East line of Lot 1, Block 1 of said "Tropic Isles Trading Center"; thence N.02o 46'43"E. along said Southerly projection and the East line thereof, a distance of 32.23 feet to a point of intersection with the North line of that 15.00 foot parking and utility easement, as shown on said Plat of "Tropic Isle Trading Center"; thence N.87© 13'17"W. along said North line, a distance of 445.00 feet to a point of intersection with the West line of Lot 22, Block 1 of said Plat of "Tropic Isles Trading Center"; thence S.02o46'43"W. along said West line, a distance of 15.00 feet to the Southwest corner of said Lot 22, and a point of intersection with the North line of that Alley, as shown on said plat of "Tropic Isles · Trading Center"; thence N.87o13'17"W. along said North line, a distance of 109.22 feet to a point of intersection with the East right-of-way line of "Old Dixie Highway", as described in Official Records Book 4465, Page 1570 of the Public Records of Palm Beach County, Florida; thence S.llO05'50"W. along said East right-of-way line, a distance of 15.71 feet to the Point of Beginning~ Parcel 2: A 10.00 foot alley, as described in Official Records Book 541, Page 77 of the Public Re~ords of Palm Beach County, Florida, being the West 10.00 feet of Lot 12, Block 20, "Del Raton Park", according to the plat thereof, as recorded in Plat Book 14, Page 9, of the Public Records of Palm Beach County, Florida. Parcel 3: The South one (1.00) foot of the following described property: Beginning at point of intersection of the westerly right-of-way line of U.S. Highway ~1 as shown on Plat Book 2, Pages 73, 74 and 75 of the Public Records of Palm Beach County, Florida, with a line parallel to and fifteen (15.00) feet Northerly from as measured at right angles to the South line of Tract "6-A" of the Revised Plat of Portions of Sections 28 and 29, Township 46 South, Range 43 East, as recorded in Plat Book 18, Page 53 of the Public Records of Palm Beach County, Florida; thence Westerly along said line a distance of 135.00 feet; thence Northerly at right angles, a distance of 125.00 feet; thence Easterly parallel to the South line of said Tract "6-A", a distance of 130.00 feet, more or less to a point in said Westerly right-of-way line of U.S. Highway No. "State Road No. 5"; thence Southerly along said Westerly right-of-way line, a distance of 125.2 feet, more or less to the Point of Beginning. Parcel 4: The Southerly 15.00 feet of the Easterly 135.16 feet of Trace "6-A", Revised Plat as in Plat Book 18, Page 53 of the Portions of Sections 28 and 29, Township 46 South, Range 43 East, Palm Beach County, Florida. Parcel 5: All of that 15.00 foot Parking and Utility Easement, being the West 15.00 feet of Lots 1 through 19 (inclusive), Block 2 of "Tropic Isles Trading Center", according to the Plat thereof, as recorded in Plat Book 25, Page 35 of the Public Records of Palm Beach County, Florida. Parcel 6: A Tract of land being a portion of the Plat of "Tropic Isles Trading Center", as recorded in Plat Book 25, Page 35 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: -2- Res. NO. 93-92 L "-% Beginning at the Northwest corner of said "Tropic Isles Trading Center"; thence S.89o59'55"E. along the north line thereof, a distance of 175.83 feet; thence S.02o46'43"W., a distance of 17.93 feet to a point of intersection with the North line of Block 3 of said "Tropic Isles Trading Center"; thence N.87o 13'17"W. along said North line, a distance of 178.55 feet to a point of intersection with the East right-of-way line of that 30.00 foot wide right-of-way for "Dixie Highway" as shown on said plat of "Tropic Isles Trading Center"; thence N.11o05'50"E. along said East right-of-way line, a distance of 18.81 feet to the Point of Beginning. Parcel 7: All of that 10.00 foot alley lying between Lot 22 and Lots 23 through 28, Block 20, of "Del Raton Park", as recorded in Plat Book 14, Page 9 of the Public Records of Palm Beach County, Florida; lying south of "Tropic Isles Trading Center", as recorded in Plat Book 25, Page 35 of the Public Records of Palm Beach County; and North of the 50.00 foot wide right-of-way for Avenue "A", as shown on said Plat of "Del Raton Park". Parcel 8: All of that 15.00 foot wide Parking and Utility Easement, being the North 15.00 feet of Lots 1 through 22, inclusive, Block 3 of "Tropic Isles Trading Center", according to the Plat thereof as recorded in Plat Book 25, Page 35 of the Public Records of Palm Beach County, Florida. Said lands situate in the City of Delray Beach, Palm Beach County, Florida. PASSED AND ADOPTED in regular session on this the 25th day of August, 1992. This instrument was prepared by: ATTEST: / Jeffrey S..Kurtz, City Atty. 200 N.W. 1st Avenue ---...,,~..~,~'l;z~,~WT~P.~/',~TZ/~A~' Delray Beach, FL' '33444 Cfty Cle~ 1 -3- Res. No. 93-92 N AVENUE A ~ / CITY OF DELRIIY BEACH 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 above and foregoing is a true and correct copy of Resolution No. 93-92 which was passed by the Commission on August 25, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 15th day of September, 1992. Alison MacGrego~Har{y ' City Clerk City of Delray Beach RECORO VERiFiED PALM BEACH COUNTY CLERK CIRCUIT COUR] THE EFFORT ALWAYS MATTERS ~P"O~?-~,~', ~..00~ %?.--274544 - OB 7387 O's 37 CITY OF DELRIIY BEII[H 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 certif~that the attached is a true and correct copy of Resolution No. 9~-92 which was passed and adopted in regular session on the 25th day of August, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Delray Beach, Florida, on this the 28th day of August, 1992. Aiis6n MacGregor~Harty ' City Clerk City of Delray Beach THE EFFORT ALWAYS MATTERS ORB 7387 .:,8 RESOLUTION NO. 93-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ONE ALLEY ONE FOOT IN WIDTH, TWO ALLEYS TEN FEET IN WIDTH, ONE ALLEY SIXTEEN FEET IN WIDTH, ONE ALLEY EIGHTEEN FEET IN WIDTH AND THREE PARKING AND UTILITY EASEMENTS FIFTEEN FEET IN WIDTH, LYING WITHIN THE TROPIC ISLE TRADING CENTER SUBDIVISION, AS RECORDED IN PLAT BOOK 25, PAGE 35, 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 one alley one foot in width, two alleys ten feet in width, one alley sixteen feet in width, one alley eighteen feet in width and three parking and utility easements fifteen feet in width, lying within the Tropic Isle Trading Center Subdivision, as recorded in Plat Book 25, Page 35, of the Public Records of Palm Beach County, Florida; and, WHEREAS, Roy Young, Agent for Delray Lincoln Mercury, has made application for abandonment of said alley, parking and utility easements lying within the Tropic Isle Trading Center Subdivision; 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, parking and utility easements, 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: Parcel 1: A parcel of land lying in "Tropic Isles Trading Center", as recorded in Plat Book 25, Page 35 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Commencing at the Southwest corner of said "Tropic Isles Trading Center"; thence S.86O 59'10"E., a distance of 25.25 feet to the Point of Beginning; thence continuing N.86o59'10"E. along the South line thereof, a distance of 410.85 feet; thence S.87O 13'17"E., continuing along said South line, a distance of 145.65 feet to a point of intersection with the Southerly projection of the East line of Lot 1, Block 1 of said "Tropic Isles Trading Center"; thence N.02o 46'43"E. along said Southerly projection and the East line thereof, a distance of 32.23 feet to a point of intersection with the North line of that 15.00 foot parking and utility easement, as shown on said Plat of "Tropic Isle Trading Center"; thence N.87o 13'17"W. along said North line, a distance of 445.00 feet to a point of intersection with the West line of Lot 22, Block 1 of said Plat of "Tropic Isles Trading Center"; thence S.02o46'43"W. along said West line, a distance of 15.00 feet to the Southwest corner of said Lot 22, and a point of intersection with the North line of that Alley, as shown on said plat of "Tropic Isles Trading Center"; thence N.87o13'17"W. along said North line, a distance of 109.22 feet to a point of intersection with the East right-of-way line of "Old Dixie Highway", as described in Official Records Book 4465, Page 1570 of the Public Records of Palm Beach County, Florida; thence S.llO05'50"W. along said East right-of-way line, a distance of 15.71 feet to the Point of Beginning. Parcel 2: A 10.00 foot alley, as described in Official Records Book 541, Page 77 of the Public Records of Palm Beach County, Florida, being the West 10.00 feet of Lot 12, Block 20, "Del Raton Park", according to the plat thereof, as recorded in Plat Book 14, Page 9, of the Public Records .of Palm Bea-ch County, Florida. Parcel 3: The South one (1.00) foot of the following described property: Beginning at point of intersection of the Westerly right-of-way line of U.S. Highway #1 as shown on Plat Book 2, Pages 73, 74 and 75 of the Public Records of Palm Beach County, Florida, with a line parallel to and fifteen (15.00) feet Northerly from as measured at right angles to the South line of Tract "6-A" of the Revised Plat of Portions of Sections 28 and 29, Township 46 South, Range 43 East, as recorded in Plat Book 18, Page 53 of the Public Records of Palm Beach County, Florida; thence Westerly along said line a distance of 135.00 feet; thence Northerly at right angles, a distance of 125.00 feet; thence Easterly parallel to the South line of said Tract "6-A", a distance of 130.00 feet, more or less to a point in said Westerly right-of-way line of U.S. Highway No. 1 "State Road No. 5"; thence Southerly along said Westerly right-of-way line, a distance of 125.2 feet, more or less to the Point of Beginning. Parcel 4: The Southerly 15.00 feet of the Easterly 135.16 feet of Trace "6-A", Revised Plat as in Plat Book 18, Page 53 of the Portions of Sections 28 and 29, Township 46 South, Range 43 East, Palm Beach County, Florida. Parcel 5: All of that 15.00 foot Parking and Utility Easement, being the West 15.00 feet of Lots 1 through 19 (inclusive), Block 2 of "Tropic Isles Trading Center", according to the Plat thereof, as recorded in Plat Book 25, Page 35 of the Public Records of Palm Beach County, Florida. Parcel 6: A Tract of land being a portion of the Plat of "Tropic Isles Trading Center", as recorded in Plat Book 25, Page 35 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: -2- Res. NO. 93-92 Beginning at the Northwest corner of said "Tropic Isles Trading Center"; thence S.89o59'55"E. along the north line thereof, a distance of 175.83 feet; thence S.02o46'43"W., a distance of 17.93 feet to a point of intersection with the North line of Block 3 of said "Tropic Isles Trading Center"; thence N.$7o 13'17"W. along said North line, a distance of 178.55 feet to a point of intersection with the East right-of-way line of that 30.00 foot wide right-of-way for "Dixie Highway" as shown on said plat of "Tropic Isles Trading Center"; thence N.11O05'50"E. along said East right-of-way line, a distance of 18.81 feet to the Point of Beginning. Parcel 7: All of that 10.00 foot alley lying between Lot 22 and Lots 23 through 28, Block 20, of "Del Raton Park", as recorded in Plat Book 14, Page 9 of the Public Records of Palm Beach County, Florida; lying south of "Tropic Isles Trading Center", as recorded in Plat Book 25, Page 35 of the Public Records of Palm Beach County; and North of the 50.00 foot wide right-of-way for Avenue "A", as shown on said Plat of "Del Raton Park". Parcel 8: All of that 15.00 foot wide Parking and Utility Easement, being the North 15.00 feet of Lots 1 through 22, inclusive, Block 3 of "Tropic Isles Trading Center", according to the Plat thereof as recorded in Plat Book 25, Page 35 of the Public Records of Palm Beach County, Florida. Said lands situate in the City of Delray Beach, Palm Beach County, Florida. PASSED AND ~OPTED in regular session on this the 25th day of August, 1992. ATTEST: Cfty Cle~ 7 This instrument prepared by: Jeffrey S. Kurtz, Esq. City Attorney 200 N.W. 1st Avenue Delray Beach, FL 33444 · -3- Res. No. 93-92 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~ - MEETING QF AUGUST 25, 1992 RESOLUTION NO. 93-92 DATE: August 21, 1992 This is a resolution vacating and abandoning one alley one foot in width, two alleys ten feet in width, one alley sixteen feet in width, one alley eighteen feet in width and three parking and utility easements fifteen feet in width, lying within the Tropic Isle Trading Center subdivision. The Site Plan Review and Appearance Board at their July 31, 1991 meeting approved a major site plan modification for Delray Lincoln Mercury, subject to conditions. Two of those conditions were to provide a replat of the entire property and finalize the abandonment of eight alleyways and easements. One of the alleys to be abandoned was under County jurisdiction; however, the County has since deeded that alley to the City. Releases have been received from Environmental Services and all utility providers. The abandonments are now ready to be consummated along with the plat which is located elsewhere on the agenda for action. The Planning and Zoning Board at their November 19, 1991 meeting recommended approval of the abandonments, subject to the condition that the action take place concurrently with the replat action. Recommend approval of Resolution No. 93-92. CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: DASD J. KOVACS, DIRECTOR ~~J~'~IING AND ZONING SUBJECT: MEETING OF AUGUST 25, 1992 ABANDONMENT OF ALLEYS AND EASEMENTS WITHIN DELRAY LINCOLN MERCURY **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of ~he City Commission is that of aDDroval of the abandonment of eight (8) alleys and easements with the Delray Lincoln Mercury Dealership. The project is located south of Linton Boulevard between Dixie Highway and Federal Highway. BACKGROUND: On July 31, 1991 the Site Plan Review and Appearance Board approved a major site plan modification for Delray Lincoln Mercury, subject to conditions. Two of those conditions were to provide a replat of the entire property and finalize the abandonment of eight (8) alleyways and easements. During review of the major site plan modification it was discovered that one (1) of the alleys was under County jurisdiction. Therefore, it would take County action in order for the alley to be abandoned. In order to simplify the process, the County deeded the alley to the City of Delray. This action allows the alley to be included with the other seven (7) alleys and easements that are to be abandoned. Releases have been received from Environmental Services and all utility providers. The abandonments are now ready to be consummated along with the plat for Delray Lincoln Mercury, which is also on tonight's consent agenda. City Commission Documentation Abandonment of Alleys and Easements within Delray Lincoln Mercury Page 2 PLANNING AND ZONING BOARD CONSIDERATION: On November 19, 1991 the abandonment of the eight (8) alleys and easements within Delray Lincoln Mercury were recommended for approval by the Planning and Zoning Board, subject to the condition that City Commission action on the abandonments is to take place concurrently with the plat. RECOMMENDED ACTION: By motion, approve the abandonment of eight (8) alleys and easements within the Delray Lincoln Mercury Dealership through the enactment of Resolution No. -92. Attachment: * Location Map of the Alleys and Easements T:MERCABAN.DOC KEY MAP ~ RIGHT-OF-WAY TO BE DEDICATED GRAPHIC SCAL~ 0 40 80 150 ~ CITY ABANDONMENT PROCESS ~ COUNTY ABANDONMENT PROCESS c~,.~,~ ~,~-~, · ~,~* · s~,*,~ / I ~ AS ~0~I '"*--~ ~'~ '~ I ~ ~ ' / I ~'7 --- / DELRAY LINCOLN MERCURY "~ 127~-