Res 70-90 Failed FAILED
7/24/90
RESOLUTION NO. 70-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT
PORTION OF AVENUE "H" LYING EAST OF PREVIOUSLY
ABANDONED PORTION OF AVENUE "H".
WHEREAS, The Southland EmPloyees Trust is the fee simple owner
of Lots 37 and 38, Block 27, Del Raton Park, Palm Beach County, Florida;
and,
WHEREAS, Enterprise Leasing Company is the fee simple owner of
Lots 11 through 14, Block 26, Del Raton Park, Palm Beach County,
Florida; and,
WHEREAS, Dumar, Inc., is the fee simple owner of land known as
the Dumar Plaza Replat, Palm Beach County, Florida; and,
WHEREAS, a petition for abandonment of a portion of Avenue "H"
as it borders the above properties was properly prepared and submitted
to the City of Delray Beach; and,
WHEREAS, the requested abandonment was considered by the
Planning and Zoning Board, determined that such an abandonment is not
inconsistent with the Comprehensive Plan, and recommended for approval
subject to prerequisite conditions; 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 Avenue
"H",
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) of the Florida
Statutes, it is hereby determined to vacate and abandon all right and
interest it holds in the following real property:
That portion of Avenue H as shown on the plat of Del
Raton Park, according to the plat thereof recorded in
Plat Book 14, at page 10 of the Public Records of Palm
Beach County, Florida, bounded as follows: On the
North by the South line of Lots 11, 12, 13 and 14,
Block 26, Del Raton Park; on the South by the North
line of Lots 37 and 38, Block 27, Del Raton Park and
the North line of Plat of Dumar Plaza Replat as
recorded in Plat Book 47 at pages 48 and 49 of the
Public Records of Palm Beach County, Florida; and on
the West by the Northerly extension of the West line
of said Lot 38, Lot 27, containing 6,714 square feet,
more or less.
Section 2. That the action in Section 1 shall not become
effective until a Unity of Title has been executed and recorded binding
the individual lots of each of the contiguous property owners into one,
respectively.
Section 3. That the action in Section 1 shall not become
effective unless concurrent with the recording of the abandonment there
is a recording of a "limited access easement" to the benefit of the City
of Delray Beach, said easement to restrict access from the abandoned
property to the new westerly limit of Avenue "H".
Section 4. That each of the abutting property~ owners, by
accepting this abandonment do agree that they shall replat their entire
contiguous land holdings at such time as they bring before the City a
development request, if not sooner.
PASSED AND ADOPTED in regular session on this the 24th day of
July, 1990.
MAYOR
ATTEST:
City Clerk
FAILED
-2- Res. No. 70-90