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Res 82-91
RESOLUTION NO. 82-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF AN ALLEYWAY LYING WITHIN BLOCK 4, TOWN OF DELRAY, AS RECORDED IN PLAT BOOK 1, PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. WHEREAS, the City of Delray Beach is the fee-simple owner of a portion of east/west 20 foot alleyway lying within Block 4, Town of Delray; and, WHEREAS, E.J. Cihocki, Agent representing Amoco Oil Company, has made application for abandonment of a portion of the east/west 20 foot alleyway lying within Block 4, Town of Delray; 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 alleyway, 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: The North 20.00 feet of the South 160.00 feet of the East 29.50 feet of the West 130.50 feet of the West One-half (W 1/2) of the South One-half (S 1/2) of Block 4, of City of Delray Beach (formerly Linton), according to the Plat thereof, as 'recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: COMMENCE at the Southwest corner of said Block 4; thence N 00° 45' 24" W. along the West line of said Block 4, for a distance of 140.00 feet to a Point of Intersection with the South right-of-way line of Closed, Vacated and Abandoned Alley by Resolution No. 8-79; thence S. 90o00'00'' E. along the right-of-way line of said Alley for a distance of 101.00 feet to the POINT OF BEGINNING of the parcel of land herein- after described; thence continue S. 90o00'00'' E. along the right-of-way line of said Alley for a distance of 29.50 feet to a Point; thence N. 00o45'24'' W. along a line parallel with the West line of said Block 4, for a distance of 20.00 feet to a point; thence S. 90o 00'00" W. along the North right-of-way line of said Alley for a distance of 29.50 feet to a point; thence run S. 00° 45'24" E. along a line parallel with the West line of said Block 4, for a distance of 20.00 feet to the POINT OF BEGINNING. The subject property is located on the northeast corner of West Atlantic Avenue and N.W. 8th Avenue, Delray Beach, Florida. PASSED AND ADOPTED in regular session on this th'e 29th day of October, 1991. ATTEST:~'i This instrument was prepared by: Atty. _ 100 N.W. let Avenue City ~lerk '- ~ / Delray Beach, FL 33444 ORB 709'] ~.' '1'' PA~ lilt ~, V~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ s.~o'oo'oo'c ~.~o' ~E~T ATLANTIC AVEN~ S.R. NO. 806 The North 20.00 felt of th~ 8outh l&O.O0 feet of the 29,50 feet of the Welt t30.DO feet of the Welt one-half (1/2) of the 9outh o~-haif (1/2) of Bilk 4. of CITY O~ DELR~Y BEACH, (Formerly LINT~). according [o the PIll of 140.00 feet ~o a Point of lnter~tt~ with ~he S~th right-of-way l~ne of Closed. Vacated and Abandon~ ~llev by descrtb~l thence cone{hUe S.~O*~'O0"E. along the re,hi-of- way line of 141d Alley for m dlltancl of 2~.~0 feet to r~ 9.~'45'24'E. al~g a line parallel w/th t~ HeOt line Of laid Blcck 4~ for a dlltlncl of 20.~ feet to All Of't~e I~ve lying and ~ng ittuit~ ~fl City of hlch. Pill Beach ~ty, Florida. .... 0~8 709~ P.~ 467 £1TY I)F I)ELIII:IY BEA£H 100 N.W. lst AVENUE · DE[R~\': ~3~A[H FL[),~),r)AB3444 · 407/243 7000 CERTIFICATION I, BARBARA GARITO, Acting 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. 82-91 which was passed by the Commission on October 29, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 2nd day of January, 1992. Barbara Garito Acting City Clerk City of Delray Beach RECORD VERIFIED PAL M BEACH COUNTY FI.A THF! EFFORT ALWAYS M A"rT~- ~t:::; r:,.. ':~, ....., ,n.. ,-,,,...u,.~'"" "'"' COUR~ RESOLUTION NO. 82-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF AN ALLEYWAY LYING WITHIN BLOCK 4, TOWN OF DELRAY, AS RECORDED IN PLAT BOOK 1, PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. WHEREAS, the City of Delray Beach is the fee-simple owner of a portion of east/west 20 foot alleyway lying within Block 4, Town of Delray; and, WHEREAS, E.J. Cihocki, Agent representing Amoco Oil Company, has made application for abandonment of a portion of the east/west 20 foot alleyway lying within Block 4, Town of Delray; 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 alleyway, 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: The North 20.00 feet of the South 160.00 feet of the East 29.50 feet of the West 130.50 feet of the West One-half (W 1/2) of the South One-half (S 1/2) of Block 4, of City of Delray Beach (formerly Linton), according to the Plat thereof, as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: COMMENCE at the Southwest corner of said Block 4; thence N 00° 45' 24" W. along the West line of said Block 4, for a distance of' 140.00 feet to a Point of Intersection with the South right-of-way line of Closed, Vacated and Abandoned Alley by Resolution No. 8-79; thence S. 90000'00'' E. along the right-of-way line of said Alley for a distance of 101.00 feet to the POINT OF BEGINNING of the parcel of land herein- after described; thence continue S. 90o00'00" E. along the right-of-way line of said Alley for a distance of 29.50 feet to a Point; thence N. 00o45'24'' W. along a line parallel with the West line of said Block 4, for a distance of 20.00 feet to a point; thence S. 900 00'00" W. along the North right-of-way line of said Alley for a distance of 29.50 feet to a point; thence run S. 00° 45'24" E. along a line parallel with the West line of said Block 4, for a distance of 20.00 feet to the POINT OF BEGINNING. The subject property is located on the northeast corner of West Atlantic Avenue and N.W. 8th Avenue, Delray Beach, Florida. PASSED AND ADOPTED in regular session on this the 29th day of October, 1991. ATTEST: City ~lerk - ~ / LEGAL G~IPT]ON~ The North 20,00 flit of the South 160.00 felt of the Ealt 29.50 flit of thl Wilt 130.~0 flit of thl Wilt one-half (1/2) of the 9outh c~e-half (1/2) of Block 4, of CITY OF DELRAY BEACH, (Formerly LIN?0N), according to the Plat thereof, al recorded in Plat BoOk 1, at Page 3, of the Public Record· of Palm Beach County, Florida, being mOrl particularly de·or,bed as folloWll.. COMMENCE at thl 5o~thwe·t cornlr of ·aid Block 41 thl~cl No00~ of 140.00 feet to a Point of Intersection with the South right-of-way line of Cio·id0 Vacated and Abandoned Alley by A··olution NO. 8-791 thence 5.90-O0'O0'E. along thl right-of- way line of ·aid Alley for · dlltancl of 101.00 feet to the POINT OF ~EGINNINO of the parcel of land berlin·lilt descrlbe~I thencl continue $.90eOO'OO"E. along the right-of- way line of ·aid Alley for a dl·tancl of 29.50 feet to a Pointl thence N.0(~ 4~'24'W. along a line parallel w/th the ~st line of ·lsd Block 4, for a dl·tancl of 20.00 feet to a p~Intl thence B.90~00'OO'W. along the North right-of--Nay line of laid Alley for a distance of 2~.50 feet to a pointl th~cl ru~ 9.OO°G~'24"E. along a line parallel with t~ West line of · aid BlCCk 4, for a distancl of 20.00 feet to th~ POINT OF ~GINNIN8. All Of'the abovl lying and being litU&ted in City of Dllray Blich, Pall Beach County~ Florida. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: C I TY MANAGER J-~v/~ SUBJECT: AGENDA ITEM ~82-~/~1-MEETING OF OCTOBER 29, 1991 RESOLUTION NO. DATE: October 23, 1991 This is a resolution vacating and abandoning a portion of a 20 foot east/west alleyway lying within Block 4, Town of Delray in conjunction with the expansion of the Amoco Gas Station located on the northeast corner of Atlantic and N.W. 8th Avenues. This abandonment is required as a condition of approval of the conditional use and site plan modification for the proposed Amoco Car Wash. The western portion of the alleyway was abandoned in 1979. A sewer main and manhole located in this area will be relocated. The abandonment request has been properly prepared and processed. There are no objections to the proposed abandonment. The Planning and Zoning Board at their October 21st meeting, recommended approval of the abandonment petition. Recommend approval of Resolution No. 82-91. RESOLUTION NO. 82-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF AN ALLEYWAY LYING WITHIN BLOCK 4, TOWN OF DELRAY, AS RECORDED IN PLAT BOOK 1, PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. WHEREAS, the City of Delray Beach is the fee-simple owner ~f a portion of east/west 20 foot alleyway lying within Block 4, Town of Delray; and, WHEREAS, E.J. Cihocki, Agent representing Amoco Oil Company, has made application for abandonment of a portion of the east/west 20 foot alleyway lying within Block 4, Town of Delray; 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 alleyway, 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: The North 20.00 feet of the South 160.00 feet of the East 29.50 feet of the West 130.50 feet of the West One-half (W 1/2) of the South One-half (S 1/2) of Block 4, of City of Delray Beach (formerly Linton), according to the Plat thereof, as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: COMMENCE at the Southwest corner of said Block 4; thence N 00© 45' 24" W. along the West line of said Block 4, for a distance of 140.00 feet to a Point of I~tersection with the South right-of-way line of Closed, Vacated and Abandoned Alley by Resolution No. 8-79; thence S. 90000'00'' E. along the right-of-way line of said Alley for a distance of 101.00 feet to the POINT OF BEGINNING of the parcel of land herein- after described; thence continue S. 90o00'00'' E. along the right-of-way line of said Alley for a distance of 29.50 feet to a Point; thence N. 00o45'24'' W. along a line parallel with the West line of said Block 4, for a distance of 20.00 feet to a point; thence S. 90o 00'00" W. along the North right-of-way line of said Alley for a distance of 29.50 feet to a point; thence run S. 00° 45'24" E. along a line parallel with the West line of said Block 4, for a distance of 20.00 feet to the POINT OF BEGINNING. The subject property is located on the northeast corner of West Atlantic Avenue and N.W. 8th Avenue, Delray Beach, Florida. PASSED AND ADOPTED in regular session on this the 29th day of October, 1991. MAYOR ATTEST: City Clerk oo' -.. t ~, 7 ~ ~ i -- ~.~o'o0'oO"g. ~9~0' ,[ , ('~,~~,,,~ ~ 590 ~Q. FT ~ . i ~ ~ ALLEY WEOT ATLANTIC LEGAL T~ Worth 20.00 feet of t~ G~th 160.00 flat of t~ EaSt 29.50 fait of the West 130.~0 fait of ths Wast one-half of the 5mJth init-hail (1/2) of Bilk 4, of C~TY OF DELR~Y rKord~ ~n Plat B~k 1, at Page 3, of t~ Public PIJM Beach ~nty, Florlda~ being Krl garticularty desc~Lb~ 4~'24'~. al~g t~ Hee~ line of laid BI~ 4, for a dilta~ce right-of-way line of Closed. Vacated arid Abandon~ Alley by Regolutl~ NO. 8-7~; ~hence S.9~O0'~'E. al~g the right-o ~INT OF ~OINNINO of the parcel of land hereinafter detcrib~l thence continue S.90*~'O0'E, along the right-of- ktt line of IfAd Bilk 4. for a distance of 20,~ feet to a ~/~tl t~ce 8.~00'~'W. al~g tM ~rth right-Of--Nay line Of ~a/d Alley for t dlltincl of 2~.~ flit to I polntl th~ce r~ 8.~'~'24'E. ming 4 Iifle parallel ulth t~ West line Of said Block 4, for a distance of 20.~ feet to t~ ~INT ~Ol~l~. All ~f'the I~ve IyL~g I~ ~in9 sitult~ In City aY ~ach~ P~li Besch ~ty~ Florida. CITY COMMISSION DOCUMENTATION DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF OCTOBER 29, 1991 **CONSENT AGENDA** ABANDONMENT OF A PORTION OF AN ALLEY, IN ASSOCIATION WITH THE AMOCO SERVICE STATION ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of abandonment of a portion of the 20 foot alley which is centered within the properties of the Amoco Service Station, located at the Northeast corner of N.W. 8th Ave. and W. Atlantic Ave. BACKGROUND: This abandonment has been required as a condition of approval of the conditional use and site plan of the Amoco Car Wash. The western portion (balance) of the alley was abandoned in 1979. A sewer main and manhole located within this area are being relocated out of the area which is proposed for abandonment. The abandonment request has been properly prepared and processed. There are no objections to the proposed abandonment. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board reviewed this petition at their meeting of October 21, 1991. The board recommended approval. 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). · ~age 2 City Commission Documentation Abandonment of alley, Amoco Service Station lb) 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:911amococc.txt iTY 'OF DELRAY BEACH --- STAFF REPORT--- MEETING DATE: October 21, 1991 AGENDA ITEM: Abandonment, Portion of Alleyway Associated with the AMOCO Station on West Atlantic at N.E. 8th Avenue. ITEM: IV. C. IU I'1 II i i/ 'm ' ' ' ~ 1 li~l II I ATLANTIC AVENUE GENERAL DATA: Owner ........................... City of Delray Beach, Florida Agent ........................... E.J. Cihocki Location ........................ On the northeast corner of Atlantic Avenue and N.W. 8th Avenue. Property Size ................... 590 sq.ft. City Land Use Plan .............. Redevelopment Area #1 City Zoning ..................... GC (General Commercial) Existing Land Use ............... Vacant Development Proposal ............ To allow construction of a buffer wall and improve drainage. Request ......................... Abandonment of a 20'x 29.5' alleyway. IV.C.