Res 129-92 847:3 : 867
RESOLUTION NO. 129-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING 16 FOOT
ALLEY RIGHTS-OF-WAY LOCATED WITHIN BLOCKS 44 AND 52,
TOWN OF LINTON (NOW DELRAY BEACH), ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Delray Beach, Florida, is the owner of the
16 foot alley rights-of-way located within Blocks 44 and 52, Town of
Linton (now Delray Beach), according to the Plat thereof recorded in
Plat Book 1, Page 3, of the 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 purpose of alley rights-of-way and deems it to be in the
best interests of the City of Delray Beach to vacate and abandon said
alley rights-of-way as these alleys are contained within the tennis
center development area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section ~, 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:
All of the 16 ft. alleyway lying adjacent to Lots 13
through 16, inclusive, Block 52; together with all of
the 16 ft. alleyways lying within Block 44; all as shown
on the Plat of the Town of Linton (now Delray Beach), as
recorded in Plat Book 1, Page 3, Public Records of Palm
Beach County, Florida.
Containing 0.376 acres, more or less.
Section 2. That this resolution shall not become effective and
shall not be recorded until such time that a replacement easement is
provided for the existing Florida Power & Light facilities located in
the east/west alley within Block 52.
PASSED AND ADOPTED in regular session on this the 24th day of
November, 1992. ~
ATTEST:
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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. 129-92, passed and adopted in
Regular session by the City Commission of the City of Delray
Beach, Florida, on November 24, 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 M~cGre~on~ Harty
City Clerk
City of Delray Beach
SEAL
THE EFFORT ALWAYS ~/~ATTERS
Printed on Recycled Paper
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~/ITY MANAGER
SUBJECT: AGENDA ITEM # ~ - MEETING OF NOVEMBER 24, 1992
RESOLUTION NO. 129-92
DATE: November 20, 1992
This is a resolution vacating and abandoning an east/west 16 foot
alley located adjacent to Lots 13-16, Block 52; an east/west 16 foot
alley located adjacent to Lots 13-16, Block 44; and a north/south 16
foot alley located adjacent to Lots 1-6, Block 44, in conjunction with
the Tennis Center/Stadium project.
These alleys are contained within the tennis center development area
and are no longer necessary.
The Planning and Zoning Board at their November 16th meeting
recommended approval, subject to conditions. Those conditions involve
providing a 10 foot replacement easement for Florida Power and Light
at the time of the replat of City's holdings and waiving the replat
requirements at this time with a~ commitment that a boundary plat of
the City's holdings be completed after construction of the Tennis
Center/Stadium project.
Recommend approval of Resolution No. 129-92, pursuant to the
recommendations of the Planning and Zoning Board.
#.W. 2~D
BLOCK
ANTIC O [
~ ~. BLOCKS 44 & 52
CITY COMMISSION DOCUMENTATION
TO: //~-A~D T. HARDEN, CITY MANAGER
THRU: ~D-J.-~VACS, DIRECTOR ~ -
~~NNING AND ZONING
PL~NNIN~ TECHNICIAN ~I
SUBJECT: MEETING OF NOVEMBER 24, 1992
ABANDONMENT OF ALLEY RIGHTS-OF-WAY **CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the abandonment of two (2) east/west 16' alleys
and one (1) north/south 16' alley.
The subject alley rights-of-way are located within Blocks
44 and 52, Town of Delray.
BACKGROUND:
On September 2, 1992 the Site Plan Review and Appearance Board
approved the site plan, landscape plan, and elevations for the
Delray Beach Municipal Tennis Center. On September 8, 1992 the
City Commission approved the conditional use for the Tennis
Center, subject to conditions.
Identified within the review process of the tennis center is the
need to abandon three (3) public alleys. As these alleys are
contained within the tennis center development area and are no
longer necessary, it is appropriate for them to be abandoned.
For further background please see the attached Planning and
Zoning Board staff report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of November 16, 1992 and recommended approval, subject
to the conditions as contained in the attached staff report.
City Commission Documentation
Abandonment of Alleys within Blocks 44 and 52
Page 2
RECOMMENDED ACTION:
By motion, approve the abandonment of the east/west alley within
Block 52, the east/west alley within Block 44, and the
north/south alley within Block 44 Town of Delray through the
enactment of Resolution la~-92, subject to the following
conditions:
* That a 10' wide replacement easement be provided for the
existing FPL facilities located in the east/west alley
within Block 52 at the time of the replat for the City
holdings.
* That the replat requirement be waived at this time with a
commitment that a replat (boundary plat) of the City
holdings will be completed after construction of the Tennis
Center.
Attachment:
* P&Z Staff Report
T:BK4452CC.DOC
~.LANNING & ZONING BOARD
.~ITY OF DELRAY BEACH --- STAFF REPORT ---
tEETINQ DATE: NOVSMBER 16, 1992
,GENDA ITEM: Iv. B.
TEM: ABANDONI~NT OF ALLEYWAY LYING WITH CITY BLOCK 44 AND 52,
ASSOCIATED WITH THE TENNIS CENTER
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GENERAL DATA:
Owner ......................... City of Delray Beach
Agent ......................... David C. Harden City Manager
Location ...................... On the north side of W. Atlantic
Avenue between NW 1st Avenue and NW
3rd Avenue.
Property Size ................. 0.376 Acres
City Land Use Plan ............ Redevelopment Area #1 and Community
Facilities.
City Zoning.% ................. CF (Community Faqtlities)
Existing Land Use .... - ......... Vacant, under construction.
Proposed Land Use ............. A portion of the Delray Beach
Tennis Center.
Request ....................... Abandonment of three 16' alleys in
blocks 44 and 52.
IV.B.
ITEM BEFORE THE BOARD:
The item before the Board is the review and recommendation of
the abandonment of two (2) east/west 16' alleys and one (1)
north/south 16" alley.
The subject alleys are located with Blocks 44 and 52, Town of
Delray.
BACKGROUND :
These three (3) alley rights-of-way were initially identified
for abandonment with the major modification and replat of the
Delray Municipal Complex in January, 1989. However, due to
difficulties with obtaining adjacent property owners affidavits,
the process was not consummated.
On September 2, 1992 the Site Plan Review and Appearance Board
approved the site plan, landscape plan, and elevations for the
Delray Beach Municipal Tennis Center. On September 8, 1992 the
City Commission approved the conditional use for the tennis
center, subject to conditions.
Identified within the review process of the tennis center is the
need to abandon the same alleys identified in 1989. As these
alleys are contained within the' tennis center development area
and are no longer necessary, it is appropriate for them to be
abandoned.
PROJECT DESCRIPTION:
The alleys that are to be abandoned are 1) the 16' alley
adjacent to Lots 13-16 Block 52, 2) the 16' alley adjacent to
Lots 13-16 Block 44, and 3) the 16' alley adjacent to Lots 1-6
Block 44, all within the Town of Delray subdivision.
To the north and south of the two (2) east/west alleys adjacent
to Lots 13-16 Blocks 44 and 52 there exists the Delray Community
Center, Fire Station #1, and vacant land to be used in
conjunction with the Tennis Center. To the east and west of the
north/south alley within Block 44 there exists vacant land to be
used with the Tennis Center and six (6) lots that are to be
included within the Tennis Center.
Within the alley rights-of-way to be abandoned there are minimal
facilities (FPL lines) and no structures.
ABANDONMENT ANALYS I S :
According to the survey submitted and responses received from
utility 'providers and City staff, there are Florida Power and
Light, Florida Public Utilities (gas), Leadership Cable and
sanitary sewer facilities within the alley rights-of-way to be
abandoned.
P & Z Board Staff Report
Tennis Complex Alley Abandonments
Page 2
FPL facilities are within both east/west alleys in Blocks 44 and
52, sanitary sewer facilities are within the east/west alley
within Block 52, and gas facilities are within the north/south
alley within Block 44. Now that the single family residences
within Block 44 have been acquired, the FPL and gas facilities
within Block 44 are not needed and therefore no replacement
easements will be required. The sanitary sewer facilities
within the alley in Block 52 have been moved into the Northwest
1st Avenue right-of-way, eliminating the need for any
replacement easement.
However, as the FPL facilities in the alley within Block 52
will continue to be used, a replacement easement will be needed
for these lines.
Also, pursuant to Code Section 2.4.6(0) (3)(e), the abandonment
of rights-of-way shall be consummated through the filing of a
replat of the property to be abandoned and the receiving
property. As a replat of the Delray Municipal holdings will
take place once the tennis center is completed, it is
appropriate to waive this code section.
REQUIRED FINDINGS :
Before any right-of-way abandonment can be approved the
following findings must be made:
A) That there is not, nor w~ll there be, a need for the use of
the right-of-way for any public purpose.
As the alley rights-of-way are being developed with the
Tennis Center and the remaining FPL facilities will be
accommodated with a replacement easement, there will not be
any public need for the use of these rights-of-way.
B) That the abandonment does not, nor w111 not, prevent access
to a lot of record.
The abandonment of these alley rights-of-way will not
prevent access to any lot of record. All existing lots of
record have frontage on a street. Also, all the lots are
under single ownership (the City) and will be replatted as a
single parcel in the future.
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.
As the remaining FPL facilities will have a replacement
easement, there will not be any detriment for the provision
of utility services. The provision of access is not an
issue due to the fact that under the proposed development
configuration, none of the lots will require access from the
alley.
P & Z Board Staff Report
Tennis Complex Alley Abandonments
Page 3
A S S E S M E N T :
While all of these alley rights-of-way were identified for
abandonment in 1989, the process was not completed. With the
development of the Delray Municipal Tennis Complex the need to
abandon the alleys resurfaced.
As the area encompassed by the alleys will be used in
conjunction with the Tennis Center and most of the facilities
will be eliminated, these alleys are no longer required and it
is in the best interest of the City to have them abandoned. A
replacement easement must be obtained for the FPL lines
remaining within Block 52.
RECOMMENDATION.'
By motion, forward a recommendation of approval for the
abandonment to the east/west alley within Block 52, the
east/west alley within Block 44, and the north/south alley
within Block 44, subject to the following condition:
* That a 10' wide replacement easement be provided for the
existing FPL facilities located in the east/west alley
within Block 52.
* That the replat requirement be waived at this time with a
commitment that a replat (boundary plat) of the City
holdings will be completed after construction of the
Tennis Center.
Attachments
* Location Map
T:TENALLY.DOC