Res 130-92 RESOLUTION NO. 130-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION
OF THE VIA VERONA RIGHT-OF-WAY LOCATED AT THE SOUTH END
OF THE PARK PLACE DEVELOPMENT (FORMERLY VERONA WOODS),
AND BEING MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Florida, is the owner of an
80 ft. by 125 ft. portion of.the Via Verona right-of-way, as shown on
the Plat of Verona Woods recorded in Plat Book 53, Pages 155 aM 156,
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 public good and deems it to be in the best interests of
the City of Delray Beach to vacate and abandon said portion of the
right-of-way.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEL~Y 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:
A parcel of land in Section 30, Township 46 South, Range
43 East, being a portion of Via Verona; as shown on
Verona Woods, according to the Plat thereof as recorded
in Plat Book 53, Pages 155 and 156, Public Records of
Palm Beach County, Florida, and being more particularly
described as the South 125 ft. of Via Verona as recorded
in Plat Book 53, Pages 155 and 156, Public Records of
Palm Beach CoUnty, Florida
Section 2. That this resolution shall not become effective and
shall not be recorded until such time that a replacement easement, for
existing utilities, is provided over the area which is to be abandoned.
PASSED AND ADOPTED in regular session on this the 24th day of
November, i992.
ATTEST:
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LW.O.O. CANAL LATERAL
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~ VIA VERONA
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM # ~ - MEETING OF NOVEMBER 24. 1992
RESOLUTION NO. 130-92
DATE: November 20, 1992
This is a resolution vacating and abandoning a 80 foot by 125 foot
portion of the Via Verona right-of-way. The southern 125 feet of Via
Verona is vacant and unimproved.
In 1958, an easement was granted for Via Verona to provide access from
Germantown Road to Andover Section III. In 1991/92, the easement was
being used by trucks and other construction vehicles during the
construction of the Andover subdivision. Subsequently, the City
received a complaint from City Federal Saving and Loan, which owned
the Verona Woods subdivision. In response, the City posted "NO
THROUGH TRUCKS" signs at the intersection of Germantown Road and Via
Verona. In February 1992, the City received another complaint from
the owners of the Andover subdivision claiming that the City was
obstructing their right to use the ingress/egress easement.
In order to remove the City from this issue, staff is recommending
that the right-of -way be abandoned. The right-of-way would then
revert back to the Verona Woods subdivision and will be considered
private property.
Based upon as -built plans and responses received from utility
providers, there are currently Florida Power and Light, drainage,
water and sewer facilities within the right-of-way. A utility
easement will be required for the entire area to be abandoned.
Additionally, if any structures are proposed in this area in the
future a hold harmless agreement will be required from the owner of
Lot 42.
The Planning and Zoning Board at their November 16th meeting
recommended denial of the abandonment on a 4-2 vote; and recommended
that the Commission direct that the "NO THROUGH TRUCKS" signage at the
intersection of Via Verona and Germantown Road be removed. The
Board's recommendation was based upon the appropriateness of the
action as opposed to a need for the right-of-way for public purposes.
It should be noted that during consideration it was generally
acknowledged that the right-of-way could, otherwise be abandoned since
it is not a planned connector road; is unused and not improved; and
will not diminish rights relating to the underlying easement.
Recommend consideration of Resolution No. 130-92.
CITY COMMISSION DOCUMENTATION
TO: ........ DASheD T. HARDEN, CITY MANAGER
THRU: DA~D J. ~S, DIRECTOR
NNING AND ZONING
FROM:
PLANNING TECHNICIAN II
SUBJECT: MEETING OF NOVEMBER 24, 1992
ABANDONMENT OF A PORTION OF THE PUBLIC RIGHT-OF-WAY
KNOWN AS VIA VERONA
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the abandonment of an 80' x 125' portion of the
Via Verona right-of-way.
The subject right-of-way is located at the south end of the
Park Place development. Park Place (formerly Verona Woods)
is located south of Germantown Road and west of Homewood
Boulevard.
BACKGROUND:
During the last few years there has been a dispute as to rights
of access and the relationship between the Via Verona
right-of-way and an underlying easement which gives certain
rights to what is known as the Andover Phase III development.
In researching this matter, the City Attorney's Office noted
that there is excess right-of-way at the south end of Via Verona
and that it would be appropriate to have it abandoned. This
item was initiated administratively and is being processed.
Please refer to the attached Planning and Zoning Board staff
report for a more in-depth discussion of the background and for
an analysis/assessment of the request.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of November 16, 1992. Mr. Tom Fleming, representing
interests of the property owner to the south (Andover Phase III)
provided further background and requested that the abandonment
City Commission Documentation
Abandonment of a Portion of Via Verona
Page 2
not be approved. On a 4-2 vote (Beer and Kiselewski
dissenting), the Board recommended DENIAL of the abandonment;
and further, that the Commission should direct to have the "NO
THROUGH TRUCKS" signing at the intersection of Via Verona and
Germantown Road removed.
The Board's recommendation was based more upon the
appropriateness of the action as opposed to a need for the
right-of-way for public purposes. In essence, the Board felt
that the abandonment of the Via Verona right-of-way would not
solve the problems (dispute) which exists and would only serve
to "muddy the waters".
During consideration it was generally acknowledged that the
right-of-way could, otherwise, be abandoned since l) it was not
planned as a connector road; and, 2) it is unused and
unimproved. In addition, the abandonment of this section of
right-of-way would not diminish rights relating to the
underlying easement.
ALTERNATIVE ACTIONS:
1. Deny the Administration initiated request for abandonment
pursuant to the recommendation of the Planning and Zoning
Board.
2. Approve the requested abandonment subject to the following
conditions and waiver:
* That a replacement easement, for existing utilities,
be provided over the area which is to be abandoned.
* That the requirement for consummation by platting be
waived.
RECOMMENDED ACTION:
Commission's discretion.
Attachment:
* P&Z Staff Report
T:VERONACC.DOC
PLANNING & ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE: November 16, 1992
AGENDA ITEM: IV.C.
ITEM: Abandonment of Via Verona
N
GENERAL DATA:
Owner ........................ City of Delray Beach, Florida
Agent ........................ David C. Harden, City Manager
Location ..................... Via Verona right-of-way, south of
Germantown Road.
Property Size ................ 0.230 Acres
City Land Use Plan ........... None (roads do not have Land Use
Designations)
City Zoning .................. R-1AAA (Single Family Residential)
Existing Land Use ............ Via Verona Right-of-way (unimproved)
Development Proposal ......... To be consolidated with adjacent
single family parcel to the west.
Request ...................... Abandonment of the southernmost 80'x
125' right-of-way for Via Verona.
ITEM BEFORE THE BOARD:
The item before the Board is the review and recommendation of
the abandonment of an 80' x 125' section of right-of-way known
as Via Verona.
The subject right-of-way is located south of Germantown Road and
west of Homewood Boulevard.
BACKGROUND :
On June 12, 1986 the subdivision plat for Verona Woods
(developed and now known as Park Place) was recorded in the
Official Records Book of Palm Beach County. The Verona Woods
subdivision consisted of 42 single family lots, two (2) water
management tracts, and five (5) publicly dedicated streets
(Salerno Way, Calabria Way, San Remo Way, Genoa Way, and Via
Verona ).
There is an easement, which corresponds to the 80' right-of-way
known as Via Verona, which was granted in 1958 to provide access
from Germantown Road to the property which is known as Andover
Section III. In 1991/92, the easement was being used by trucks
and other construction vehicles during the construction of the
Andover subdivision. In response to complaints made by City
Federal Saving and Loan, which owned the Verona Woods
subdivision, the City posted "NO THROUGH TRUCKS" signs at the
intersection of Germantown Road and Via Verona. In February,
1992, the Andover Partnership, which oversees the adjacent
Andover Subdivision, contacted the City Attorney's Office and
claimed that the City was obstructing their right to use the
ingress/egress easement.
The City Attorney's opinion is that once the Via Verona
Subdivision was platted, the subdivision plat took precedence
over the ingress/egress easement and therefore the City can
regulate traffic on the public streets within the subdivision.
The Andover Partnership does not concur with this opinion.
The southern 125' of Via Verona is vacant and unimproved. To
effectively remove the City from this issue, that portion of
the right-of-way is to be abandoned. Based upon earlier Florida
court cases, at the time that the right-of-way is abandoned it
will revert back to the Verona Woods subdivision and will be
considered private property. The issue of transversing the area
will then be an issue for the owner of the private property to
deal with.
P & Z Board Staff Report
Via Verona Abandonment
Page 2
ABANDONMENT DESCRIPTION:
The area to be abandoned is approximately 125' x 80'. To the
north and west of the right-of-way there exists the Verona Woods
Subdivision. To the east is the Woodvue Subdivision and to the
south is the Lake Worth Drainage District's L-37 Canal.
ABANDONMENT ANALYSIS:
Based upon as-built plans and responses received from utility
providers, there currently are FPL, drainage, water, and sewer
facilities within the right-of-way. Due to the abundance and
proximity of these facilities an easement will be required over
the entire area to be abandoned. Also, in the future if any
structures are proposed in this area a hold harmless agreement
will be required from the owner of Lot 42.
Further, pursuant to Code Section 2.4.6(0)(3)(e), abandonment of
rights-of-way are to be consummated by a replat of the property
to be abandoned and the receiving property. However, due to the
fact that all of the facilities within the right-of-way Will
have a replacement easement and there is virtually no
development potential on this site due to the number of
facilities, this requirement should be waived.
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.
With this right-of-way being vacant and an easement being
provided for the existing facilities, there will not be any
public need for this right-of-way.
B) That the abandonment does not, nor will not, prevent access
to a lot of record.
This right-of-way dead-ends at the north boundary of
adjacent Lake Worth District Canal No. 37, thus no lots of
record take access from this portion of right-of-way.
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 an easement will be required for the FPL, drainage,
water, and sewer facilities no detriment for the provision
of utility services will occur. Lots to the south, within
the Andover Section III Subdivision, take access via a
private street system.
P & Z Board Staff Report
Via Verona Abandonment
Page 3
A S S E S M E N T :
There is no public need for this excess right-of-way. There has
never been a planned extension of the right-of-way into the
Andover development, an easement will be provided for all
existing utilities, and no lots take access from this portion of
right-of-way.
Also, with the legal questions that have been raised concerning
the ingress/egress easement, the City Attorney's office has
advised that the best way to protect the City would be to
abandon the City's interest in this portion of the Via Verona
right-of-way.
R E C O M M E N D A T I O N :
By motion, forward a recommendation of approval for the
abandonment of the southern 125' x 80' of the Via Verona
right-of-way, subject to the following conditions:
* That a replacement easement be provided over the entire
area to be abandoned for the existing utilities within
the Via Verona right-of-way.
* That the platting requirement be waived.
Attachments
* Location Map and Reduced Plat
T:VERONAPZ.DOC