Res 19-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA, VACATING AND ABANDONING ALL PUBLIC ROADS WITHIN THE
PINES OF DELRAY NORTH CONDOMINIUM DEVELOPMENT, BEING THOSE
PUBLIC ROADS LOCATED WITHIN THE RECORDED PLAT OF THE PINES OF
DEL~AY NORTH, A CONDOMINIUM, AS RECORDED IN PLAT BOOK 35, PAGE
146; PLAT BOOK 38, PAGE 18; PLAT BOOK 39, PAGES' 104 AND 105 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING FOR
CERTAIN CONDITIONS TO WHICH SAID VACATING AND ABANDONMENT IS
SUBJECT.
WHEREAS, The Pines of Delray North Association, Inc., a Florida
not for profit corporation, has been formed under the laws of the State of
Florida, relative to condominium associations, with its membership being
composed of the property owners within The Pines of Delray North; and,
WHEREAS, The Pines of Delray North Association, Inc., through its
agents and attorneys, Suto and Greenwald, P.A., have petitioned the City
of Delray Beach for the abandonment of certain public roadways within The
Pines of Delray North Condominium development legally described below;
and,
WHEREAS, The Pines of Delray North association, Inc. has repre-
sented and acknowledged to the City of Delray Beach that it shall be
solely responsible for the upkeep, care, maintenance, and repair of all of
the public roads and their attendant facilities which are the subject of
this abandonment; and,
WHEREAS, the City Council of the City of Delray Beach, Florida,
deems it to be in the best interests of the City of Delray Beach to vacate
and abandon said roadways within The Pines of Delray North Condominium
development,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 166 of the Florida Statutes,
it is hereby determined to vacate and abandon the following described real
property:
All public roads located within the recorded plat of THE
PINES OF DELRAY NORTH, a condominium, as recorded in Plat
Book 35, Page 146; Plat Book 38, Page 18; Plat Book 39,
Pages 104 and 105 of the Public Records of Palm Beach
County, Florida.
Section 2. That this aband~onment is expressly subject to the
following conditions as a prerequisite to its effectiveness:
(1) That the common property subject to this vacating and abandonment
shall remain undivided, and no person, irrespective of the nature of
his interest in the common property, shall bring any action or pro-
ceeding for partition or division of the common property.
(2) The City hereby reserves to itself, its successors and assigns the
right to use any portion of the abandoned property for the installa-
tion, operation, maintenance, and repair of utilities of every kind
and description.
(3) The City hereby reserves for itself, its successors and assigns the
right to authorize in writing the installation, operation mainte-
nance, and repair of utilities of every kind and description, by any
person firm, association, partnership or corporation.
(4) The City reserves for itself, its successors and assigns and any
person or entity which it has authorized in writing as described in
paragraph (3) above to install, operate, maintain, or repair utili-
ties in the abandoned property, a right of ingress and egress over
all of the abandoned property.
(5) That this vacating and abandonment of certain public roads within The
Pines of Delray North Condominium development shall be expressly
subject to the right of ingress and egress for all persons owning or
occupying p~operty in The Pines of Delray North 'Condominium develop-
ment, including those persons not members of The Pines of Delray
North Association, Inc., including thier invitees, as well as the
right of ingress and egress for all public utilities, and public
vehicles, including, but not limited to police, fire, and garbage and
trash disposal vehicles.
(6) That this abandonment be approved by a vote of the unit owners in The
Pine of Delray North Association, Inc., in a number sufficient to
comply with the requirements of said associations declaration of
condominium.
(7) That the maintenance of roadways which are the subject of this aban-
donment shall henceforth be the responsibility of The Pines of Delray
North Association, Inc., which shall maintain said roadways to suit-
able standards to accommodate City services.
(8) That all drainage facilities within The Pines of Delray North shall
be maintained by The Pines of Delray North Association, Inc., and
that all existing lakes within The Pines of Delray.North development
shall be a part of these drainage facilities, and which shall be
maintained to the'extent same are owned by The Pines of Delray North
Association, Inc.
(9) That The Pines of Delray North AssociatiOn, Inc., shall be respon-
sible for all traffic control, and all traffic control signs and
marking devices, as well as the maintenance of these facilities in
accordance with current traffic standards.
(10) That The Pines of Delray North Association, Inc., shall be respon-
sible for the maintenance and operation of all street lighting within
The Pines of Delray North Condominium development, and further that
said association shall reimburse the City of Delray Beach for all
monies charged to the City by Florida Power and Light under the
current rate structure or as same may be from time to time amended,
for the electrical and other costs attendant to the street lighting
within The Pines of Delray North Condominium development.
(11) That The Pines of Delray North Association, Inc., shall be respon-~
sible for the operation and maintenance,· including all attendant.
expenses, of all storm drains, but not water or sewage lines or fire
hydrants within The Pines of Delray North Condominium development,i
(12) That in the event there is a default in the performance of any of thel
above-referenced conditions which continues after the City has pro-t
vided sixty (60) days' written notice to The Pines of Delray North!
Association, Inc., then the City shall have the right to declare thisI
resolution null and void and thereby revoking the abandonment set~
forth herein and reinstating the roads described in Section 1 hereof.
as public streets and roadways vested in the City of Delray Beach.i
PASSED AND ADOPTED in regular session on this the 13th day of~
September , 1983.
ATTEST:
City Clerk
-2- Res. No. 19-83