Res 109-92 ORB 8/-7 888
RESOLUTION NO. 109-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF THE N.W. 4TH STREET RIGHT-OF-WAY AS THE
SAME IS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING
FOR CERTAIN CONDITIONS.
WHEREAS, the City of Delray Beach, Florida, is the owner of
a portion of the N.W. 4th Street right-of-way as the same is more
particularly described herein; and
WHEREAS, the City of Delray Beach, Florida, has made
application for abandonment of said portion of the N.W. 4th Street
right-of-way; 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 purpose of right-of-way and deems it to
be in the best interest of the City of Delray Beach to vacate and
abandon said right-of-way.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ 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:
Part of the Southwest Quarter of Section 8 and part
of the Northwest Quarter of Section 17, all lying in
Township 46 South, Range 43 East, Palm Beach County,
Florida, described as follows:
COMMENCING at the Southeast corner of the Southwest
Quarter of said Section 8; THENCE North 01 degrees 15
minutes 06 seconds West along the East line of said
Southwest Quarter 25.00 feet; THENCE South 89 degrees
06 minutes 53 seconds West parallel with the South
line of said Southwest Quarter 24.92 feet to the
POINT OF BEGINNING of this description; THENCE South
01 degrees 15 minutes 06 seconds East parallel with
aforesaid East line 50.00 feet; THENCE South 89
degrees 06 minutes 53 seconds West parallel with
aforesaid South line of Section 8 a distance of
617.85 feet; THENCE North 43 degrees 20 minutes 00
seconds East 69.77 feet; THENCE North 89 degrees 06
minutes 53 seconds East parallel with the aforesaid
South line of Section 8 a distance of 568.88 feet to
the POINT OF BEGINNING.
8473
Containing 0.68 acres (29,668 square feet), more or
less; and commonly referred to as a portion of N.W.
4th Street right-of-way.
Section 2. That this resolution shall not become effective
until such time as the adjacent properties are replatted and a general
utility easement is dedicated, in sufficient width, to accommodate
existing utility service.
PASSED AND ADOPTED in regular session on this the 22nd day
of September, 1992.
ATTEST:
City'~l~rk
- 2 - Res. No. 109-92
. O~ 8473 P~ 'l 8~0
DOROTHY H, WILKEN, CLERK PB COUNTY, FL
z DRIVE ~
LAKE IDA ROAD '~'-~-..~
N.W. 3RD TERR.
SPAOY
ELE~:EN I'ARY
SC~IOOL
N.W. 3RD
N.W. 2ND - - N.W. 2ND
~ ABANDO/IIJENT
~ N.W. ~SI T. OF A PORTION OF
OF DELRFI¥ IER[H
I~~ CITY CLERK '/~OON.W. ts, AVENUE ·~~,~o~,~.~ · ~o~-~ooo
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I IIIIIII IIIIIIIIIIII III
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. 109-92, passed and adopted in
regular session by the City Commission of the City of Delray
Beach, Florida, on September 22, 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, 1994.
Alison Ma6Gr~eg~r ~arty --
City Clerk
City of Delray Beach
SEAL
THE EFFORT ALWAYS IV]ATTERS
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MEMORY FILE ~ O1
CITY OF DELRAY BEACH
100 NW 1st AVENUE, DELRAY BEACH, FLORIDA 33444 (407) 243-7000
FAX NUMBER (407) 243-3774
FAX TRANSMITTAL
DATE: 3- ~)..~L-~ ~
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LEGAL DESCRIPTION
(For abandonment of a portion of N.W. 4th Street)
Part of the Southwest Quarter of Section 8 and part of the
Northwest Quarter of Section 17, all lying in Township 46 South,
Range 43 East, Palm Beach County, Florida, described as follows:
COMMENCING at the Southeast corner of the Southwest Quarter of said
Section 8; THENCE North 01 degrees 15 minutes 06 seconds West along
the East line of said Southwest Quarter 25.00 feet; THENCE South 89
degrees 06 minutes 53 seconds West parallel with the South line of
said Southwest Quarter 24.92 feet to the POINT OF BEGINNING of this
description; THENCE South 01 degrees 15 minutes 06 seconds East
parallel with aforesaid East line 50.00 feet; THENCE South 89
degrees 06 minutes 53 seconds West parallel with aforesaid South
line of Section 8 a distance of 617.85 feet; THENCE North 43
degrees 20 minutes O0 seconds East 69.77 feet; THENCE North 89
degrees 06 minutes 53 seconds East parallel with the aforesaid
South line of Section 8 a distance of 568.88 feet to the POINT OF
BEGINNING.
Containing 0.68 acres (29,668 square feet), more or less.
TO: DATE:
F ROM:
SUBJ:
RESOLUTION NO. 109-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING TIIAT ~
-~-OF THE N.W. 4TH STREET RIGHT-OF-WAY AS RECgRDED IN
PLAT BOOK 1, PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, BOUNDED ON THE WEST BY THE
RIGHT-OF-WAY OF N.W. 10TH AVENUE AND ON THE EAST BY THE
RIGHT-OF-WAY OF N.W. 8TH AVENUE DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach is the owner of ~ part of
the N.W. 4th Street right-of-way as recorded in Plat Book 1, Page 4 of
the Public Records of Palm Beach County, Florida, bounded on the west by
the right-of-way of N.W. 10th Avenue and on the east by the
right-of-way of N.W. 8th Avenue, Delray Beach, Florida; and,
WHEREAS, the City of Delray Beach, Florida, has made application
for abandonment of said ~~ the N.W. 4th Street right-of-way; 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 right-of-way,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(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 N.W~4th Street r~ight~f-way as
recorded in Plat Book/~, page 4 of t~e~b~ Records
of Palm Beach Count~, Florida, bqu~the west by
the right-of-way o~N.W. 10th ~~and on the east by
the right-of-way/of N.W.~~Avenue, Delray Beach,
Florida. / i~
Section 2. That this resolution shall not become effective
until such time as the adjacent properties are replatted and a general
utility easement is dedicated, in sufficient width, to accommodate
existing utility service.
PASSED AND ADOPTED in regular session on this the 22nd day of
September, 1992.
MAYOR
ATTE S T:
City Clerk
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~t~IT¥ MANAGER
SUBJECT: AGENDA ITEM ~ ~ - MEETING OF SEPTEMBER 22. 1992
RESOLUTION NO. 109-92
DATE: September 18, 1992
This is a resolution vacating and abandoning that part of N.W. 4th
Street right-of-way bounded on the west by the right-of-way of N.W.
10th Avenue and on the east by the right-of-way of N.W. 8th Avenue.
The interlocal agreement between the City and Palm Beach County,
entered into in February 1992, calls for the City to abandon all
municipal rights to the N.W. 4th Street right-of-way located between
N.W. 8th and 10th Avenues in order to provide for better traffic
circulation and access to S.D. Spady School, to provide for
construction of a joint use educational/recreational facility adjacent
to S.D. Spady School, and to provide a stormwater drainage retention
area.
Currently the right-of-way is unimproved and is not being utilized for
any through traffic. There are no objections to this abandonment and
an easement will be provided for the existing facilities through a
replat of the entire property.
The Planning and Zoning Board will consider this item at their
September 21st meeting. Their recommendation will be provided at
Tuesday evening's meeting. Staff recommends approval of the
abandonment subject to the following conditions:
1. That the abandonment be consummated concurrent with a
replatting of the adjacent properties.
2. That a general utility easement be dedicated, in sufficient
width, to accommodate existing utility service.
Recommend approval of Resolution No. 109-92, subject to the conditions
as recommended by staff and contingent upon the findings and
recommendations of the Planning and Zoning Board.
RESOLUTION NO. 109-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT
PART OF THE N.W. 4TH STREET RIGHT-OF-WAY AS RECORDED IN
PLAT BOOK 1, PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, BOUNDED ON THE WEST BY THE
RIGHT-OF-WAY OF N.W. 10TH AVENUE AND ON THE EAST BY THE
RIGHT-OF-WAY OF N.W. 8TH AVENUE, DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach is the owner of that part of
the N.W. 4th Street right-of-way as recorded in Plat Book 1, Page 4 of
the Public Records of Palm Beach County, Florida, bounded on the west by
the right-of-way of N.W. 10th Avenue and on the east by the
right-of-way of N.W. 8th Avenue, Delray Beach, Florida; and,
WHEREAS, the City of Delray Beach, Florida, has made application
for abandonment of said part of the N.W. 4th Street right-of-way; 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 right-of-way,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(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 N.W. 4th Street right-of-way as
recorded in Plat Book 1, Page 4 of the Public Records
of Palm Beach County, Florida, bounded on the west by
the right-of-way of N.W. 10th Avenue and on the east by
the right-of-way of N.W. 8th Avenue, Delray Beach,
Florida.
Section 2. That this resolution shall not become effective
until such time as the adjacent properties are replatted and a general
utility easement is dedicated, in sufficient width, to accommodate
existing utility service.
PASSED AND ADOPTED in regular session on this the 22nd day of
September, 1992.
MAYOR
ATTEST:
City Clerk
'",,,,~ z SUNSHIHE DRtvE
IDA ROAD
LAKE
N.W. ,3RD TERR.
SPADY
ELEIZENTARY
SCHOOL
N.W.
N.W. 2ND N.W. 2ND
!1 lwF~F~~E~ ' 1
----
:
It.ff. 4TH STREET
CITY COMMISSION DOCUMENTATION
TO: /~D~%VID T. HARDEN, CITY MANAGER
THRU: DAVID J. ~VAC~, DIRECTOR
ANNING AND ZONING
PLANNING TECHNICIAN II
SUBJECT: MEETING OF SEPTEMBER 22, 1992
ABANDONMENT OF PORTION OF NORTHWEST 4TH STREET
**CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the abandonment of approximately 50' x 532' of
the Northwest 4th Street right-of-way.
The project is located directly north of the S.D. Spady
Elementary School, between Northwest 8th Avenue and
Northwest 10th Avenue.
BACKGROUND:
In February, 1992, the Palm Beach County School Board and the
City of Delray entered into an interlocal agreement. This
agreement called for the joint acquisition, between the School
Board and the City of Delray, of six (6) acres of land located
directly north of the S.D. Spady School.
In addition, the agreement calls for the City of Delray to
abandon all municipal rights to the Northwest 4th Street
right-of-way located between Northwest 8th Avenue and Northwest
10th Avenue.
The stated reason for this interlocal agreement is to provide
for better traffic circulation and access to S.D. Spady School
from Lake Ida Road, to provide for the future construction of a
joint use educational/recreational facility adjacent to S.D.
Spady School, and to provide a stormwater drainage retention
area.
There are no objections to this abandonment and an easement will
be provided for the existing facilities through a replat of the
entire property.
City Commission Documentation
Abandonment of a Portion of Northwest 4th Street
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will formally review this item at
its meeting of September 21, 1992. The Board's recommendation
will be provided at the Commission's meeting.
RECOMMENDED ACTION:
By motion, approve the abandonment of the portion of Northwest
4th Street between Northwest 8th Avenue and Northwest 10th
Avenue through the enactment of Reolution -92, subject to the
following conditions:
* That the abandonment be consummated concurrent with a
replatting of the adjacent properties.
* That a general utility easement be dedicated, in sufficient
width, to accommodate existing utility service.
Attachment:
* P&Z Staff Report & Location Map
T:NW4STCC.DOC
PLANNING & ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE: September 21, 1992
AGENDA ITEM: V.C.
ITEM: Abandonment of N.W. 4th Street Between N.W. 8th & lOth Avenues
GENERAL DATA:
Owner ......................... City of Delray Beach, Florida
Applicant ..................... David C. Harden City Manager
Location ...................... NW 4th Street Right-of-way, between
NW 8th Avenue and NW 10th Avenue.
Property Size ................. 0.611 acres
City Land Use Plan ............ Community Facilities
City Zoning ................... CF (Community Facilities)
Existing Land Use ............. Unimproved road right-of-way.
Development Proposal .......... Abandonment of road right-of-way to
accommodate an education/recreational
facility.
Request ....................... Abandonment of a 50 foot by 532 foot
section of right-of-way.
V.Co
ITEM BEFORE THE BOARD:
The item before the Board is the review and recommendation of
the abandonment of a section of Northwest 4th Street.
The subject property is located directly north of the S. D.
Spady Elementary School, between Northwest 8th Avenue and
Northwest 10th Avenue.
BACKGROUND :
In February, 1992, the Palm Beach County School Board and the
City of Delray entered into an interlocal agreement. This
agreement called for the joint acquisition, between the School
Board and the City of Delray, of six (6) acres of land located
directly north of the S. D. Spady School.
In addition, the agreement calls for the City of Delray to
abandon all municipal rights to the Northwest 4th Street
right-of-way located between Northwest 8th Avenue and Northwest
10th Avenue.
The stated reason for this interlocal agreement is to provide
for better traffic circulation and access to S. D. Spady School
from Lake Ida Road, to provide for the future construction of a
joint use educational/recreational facility adjacent to S. D.
Spady School, and to provide a stormwater drainage retention
area.
PROJECT DESCRIPTION:
Currently the right-of-way is unimproved and is not being
utilized for any through traffic. To the north of the
right-of-way is unplatted land in whiCh there is a combination
of single family and duplex structures. To the east there is
the improved section of Northwest 4th Street. To the south is
the S. D. Spady School and to the west are existing duplexes and
the Poinciana Heights Subdivision.
ABANDONMENT ANALYS I S :
Based on the responses received from the utility providers and
City Departments, there generally is no objection to this
abandonment. However, currently there are Florida Power and
Light and Leadership Cable facilities located within the
right-of-way. Appropriate easements will be required for these
facilities. The Environmental Services Department has stated
that there are only service laterals within the right-of-way and
that no easement is required for these laterals.
P & Z Board Staff Report
Northwest 4th Street Abandonment
Page 2
REQUIRED FINDINGS :
Before any right-of-way abandonment can be approved the
following findings must be made:
A) That there is not, nor will there be, a need for the use of
the right-of-way for any public purpose.
This right-of-way has not served anyone other than adjacent
property owners in the past. it is unimproved and does not
accommodate through traffic. As a part of improvements to the
area, SW 10th Avenue is being extended north to Lake Ida Road.
Also, an on-site drive will be extended from Spady School to
Lake Ida Road. This drive will be used for school bus access.
Thus, indirectly, the other roadway improvements associated
with the abandonment will enhance traffic flow in the area.
Even with the abandonment, the former right-of-way will
continue to be used for a public purpose as a part of the
Spady School campus.
B) That the abandonment does not, nor will not, prevent access
to a lot of record.
Theze are approximately eight (8) lots of record that take
access from the portion of Northwest 4th Street that is
proposed to be abandoned. Once the right-of-way is
abandoned, access to these lots will be extinguished.
However, all of the lots are being obtained by the City
( through eminent domain action). Subsequently, they
together with 4th Street right-of-way will be platted into
two lots. One will be retained by the City and will have
frontage (access) along Lake Ida Road and SW 10th Avenue.
The other will be combined with the balance of the Spady
School Campus.
C) 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.
Although the right-of-way is being used to provide Florida
Power and light and Leadership Cable service, these
facilities can be accommodated through the provision of an
easement. It is not necessary to maintain this right-of-way
for those purposes.
With the provision of easements for the existing facilities
(Florida Power and Light and Leadership Cable), this
abandonment will not result in the detriment for utility
services.
P & Z Board Staff Report
Northwest 4th Street Abandonment
Page 3
AS SE SMENT :
With the purchase of the six (6) acres north of the right-of-way
to be abandoned and the future plans to demolish the existing
residential structures, all public need for this right-of-way
disappear.
However, the existing situation is that there are lots of record
which will be denied access if the abandonment is enacted.
Thus, this abandonment should be consumated concurrent with the
plat action which is required pursuant to Code Section
2.4.6(O) (3) (e).
RE C OMMENDAT I ON :
By motion, forward a recommendation of approval to the City
Commission for the abandonment of Northwest 4th Street between
Northwest 8th Avenue and Northwest 10th Avenue, subject to the
following conditions:
* That the abandonment be consummated concurrent with a
replatting of the adjacent properties.
* That a general utility easement be dedicated, in sufficient
width, to accommodate existing utility services.
Attachment
* Location Map
T: NW4 STPZ. DOC