Res 77-91 RESOLUTION NO. 77-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF AN ALLEY LYING WITHIN BLOCK 28, TOWN OF
LINTON, AS RECORDED IN PLAT BOOK 1, PAGE 3, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
WHEREAS, Masonic Lodge ~275 is the fee-simple owner of Lot 1,
Block 28, Town of Linton; and,
WHEREAS, Mount Olive Missionary Baptist Church is the
fee-simple owner of Lots 2, 7 & 8, Block 28, Town of Linton; and,
WHEREAS, Alvaro Vera, Agent, representing the Mount Olive
MissionarY Baptist Church, has made application for abandonment of a
portion of an alley lying within Block 28, Town of Linton; 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 a portion of said alley,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section i. 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 alley right-of-way in Block 28, Map
of the Town of Linton (now Delray Beach), according to
the Plat thereof recorded in Plat Book 1, Page 3,
(Sheet 2) of the Public Records of Palm Beach County,
Florida, bounded as follows:
On the west by the east line of Lots 1 & 2, Block 28;
on the north by the easterly extension of the north
line of said Lot 1, Block 28; on the east by the west
line of Lots 7 & 8, Block 28 and on the south by the
westerly extension of the south line of said Lot 8.
The subject property is located on the south side of
N.W. 1st Street, between N.W. 4th Avenue and N.W. 5th
Avenue, Delray Beach, Florida.
PASSED AND ADOPTED in regular session on this the 8th day of
October, 1991.
ATTEST:
City Clerk '- J !
N.W. 1 ST ST.
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IT ~t ATLANTIC AVENUE
· OLIVE MISSIONARY BAPTIST CIIURC
ABANDONMENT
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITYMANAGER/~
SUBJECT: AGENDA ITEM ~ ~ -MEETING OF OCTOBER 8, 1991
RESOLUTION NO. 77-91
DAI~E: October 4, 1991
This is a resolution vacating and abandoning a portion of a 16 foot
alley lying within Block 28, Town of Linton in conjunction with the
Mount Olive Missionary Baptist Church expansion project. This action
is required as a condition of site plan and final plat approval for
this property. The abandonment request has been properly prepared and
processed. While there are no objections to the proposed abandonment,
it is necessary that a replacement ingress/egress easement be provided
to the public in order to maintain access rights and that utility
easements be provided to all utilities that exist at present. These
replacement easements are being provided via replat.
The Planning and Board at their April 15, 1991 meeting recommended
approval of the abandonment subject to condJ, tions. Subsequently, those
conditions have been met and Commission action is now appropriate.
Recommend approval of Resolution No. 77-91.
RESOLUTION NO. 77-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
· DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF AN ALLEY LYING WITHIN BLOCK 28, TOWN OF
LINTON, AS RECORDED IN PLAT BOOK 1, PAGE 3, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
WHEREAS, Masonic Lodge ~275 is the fee-simple owner of Lot 1,
Block 28, Town of Linton; and,
WHEREAS, Mount Olive Missionary Baptist Church is the
fee-simple owner of Lots 2, 7 & 8, Block 28, Town of Linton; and,
WHEREAS, Alvaro Vera, Agent, representing the Mount Olive
MissionarY Baptist Church, has made application for abandonment of a
portion of an alley lying within Block 28, Town of Linton; 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 a portion of said alley,
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 alley right-of-way in Block 28, Map
of the Town of Linton (now Delray Beach), according to
the Plat thereof recorded in Plat Book 1, Page 3,
(Sheet 2) of the Public Records of Palm Beach County,
Florida, bounded as follows:
On the west by the east line of Lots 1 & 2, Block 28;
on the north by the easterly extension of the north
line of said Lot 1, Block 28; on the east by the west
line of Lots 7 & 8, Block 28 and on the south by the
westerly extension of the south line of said Lot 8.
The subject property is located on the south side of
N.W. 1st Street, between N.W. 4th Avenue and N.W. 5th
Avenue, Delray Beach, Florida.
PASSED AND ADOPTED in regular session on this the 8th day of
October, 1991.
MAYOR
ATTEST:
City Clerk
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N.W. 1 ST ST.
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OLIVE MISSIONARYABANDONMENTBAPTIST CHURC1 ATLANTIC AVENUE
N
I
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: KATHLEEN E. DEARDEN, PLANNER II
ANNING & ZONING DEPT.
THRO'L~U~_~rD ~.~K~VAC~ DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 8, 1991 **CONSE~ AGENDA**
ABANDONMENT OF ALLEY, MT. OLIVE MISSIONARY BAPTIST
CHURCH
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of abandonment of the alley which is centered
within the properties of the Mt. Olive Missionary Baptist
Church, located between N.W. 4th & N.W. 5th Ave., south of
N.W. 1st Street.
BACKGROUND:
This abandonment has been required as a condition of approval of
the site plan approval. The abandonment request has been
properly prepared and processed. While there are no objections
to the proposed abandonment, it is necessary that a replacement
ingress/egress easement be provided to the public in order to
maintain access rights and utility easement be provided to all
utility providers that exist at present. These replacement
easements are being provided for on the replat of the subject
properties.
The final plat for Mt. Olive is being presented for approval
concurrent with this abandonment as noted on the agenda.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed this petition at their
meeting of April 15, 1991. The board recommended approval with
the following conditions;
1. Provision of the replat for the Church properties.
2. Provision of the ingress/egress and general utility
easements on the replat.
3. Provision of the conditions of the site plan.
Page 2
City Commission Documentation '
Abandonment of alley, Mt. Olive Missionary Baptist Church
FINDINGS:
Pursuant to L.D.R. section 2.4.6(0)(5) the following findings are
stated in order to approve an alley right of way abandonment;
(a) That there is not, nor will there be, a need for the use
of the right of way for any public purpose (Policy A-6.3 of the
Traffic Element).
(b) That the abandonment does not, nor will not, prevent
access to a lot of record.
(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.
All three findings have been meet.
RECOMMENDED ACTION:
By motion, adoption of Resolution -91.
Attachments:
* Location sketch
* Copy of cover of P&Z staff report
* Resolution to be provided by City Clerk
ked:#10ccmtol.
PLANNING & ZONING BOARD
CITY OF DELRAY BEACH --- STAFF ~ REPORT ---
~,--ETING DATE: April 15, 1991
AGENDA ITEM:
ITEM: .......................
~..-'NERAL DATA:
Owner ........................... City of Delray Beach, Florida
Agent ........................... Alvaro Yera, representing
Mt. Olive Missionary Baptist
Church
Location ........................ On the Southwest corner of N.W. 4
Avenue and N.W. 1 Street.
Property Size ................... 1.63 Acres
City Land Use Plan .............. Redevelopment Area #1
City Zoning ..................... R1A (Single Family Residential)
and GC (General Commercial).
Adjacent Zoning ................. Land to the East of the subject
property is zoned R1A. Land to
the South and the West is zoned
GC. Land to the North is zoned
both GC & R1A.
Existing Land Use ............... Church
Proposed Land Use ............... Church Addition
Water Service ................... 2" water main along N.W. 1 Street
and a 20" water main along N.W. 4
Avenue.
Sewer Service ................... 8" sanitary sewer line along N.W. 1 Street and a 8" line along N.W.
4 Avenue.