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Res 71-02RESOLUTION NO. 71-02 A RESOLUTION OF THE CITY COMMISSION OF THE CiTY OF DF.I.RAY BEACH, FLORIDA, VACATING AND ABANDONING AIJ. OF THE 16-FOOT AI.I.F.Y LYING WITHIN BLANK-NICHOLS SUBDIVISION (PB 13, PG 28) TOGETHER WITH A 16-FOOT AI.I.EY RUNNING THROUGH THE CENTER OF THE NORTH 87.5 FEET OF THE SOUTH HALF (S 1/2) OF BLOCK 120, TOWN OF DFJ.RAY, BUT RESERVING AND RETAINING TO THE CITY A GENERAL UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. WHERF. AS, the City of Deltay Beach, Florida, received an application for abandonment of all of the 16-foot alley lying within Blank-Nichols Subdivision together with a 16- foot alley running through the center of the north 87.5 feet of the south half of Block 120, Town of Delray, as more partioflarly described herein (See Exhibit "A"); and WHEREAS, said application for abandonment of said alley right-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)0)(e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public heating on August 19, 2002, and voted 5-0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(O)(5), and subject to the condition that a general utility easement be retained over the entire area; 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 interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and reserves unto itself a general utility easement for the purpose of emergency access and constructing and/or maintaining, either over or under the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations over the entire area thereof, as more partio~larly described herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all tight and interest it holds to the following real property for alley right-of-way purposes only, but does not abandon and retains and reserves unto itself a general utility easement for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations over the entire area thereof, more parfic-hrly described as follows: 2002. See Exhibit "A" PASSED AND ADOPTED in regular session on this the I t/ day ATTEST: City Clerk MAYOR 2 RES. NO. 71-02 Exhibit "A" LAND DESCRIPTION 16' ALLEY TO BE ABANDONED A portion of Block 120, BLANK-NICHOLS SUBDIVISION, according to the plat thereof, recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County, Florida, being more particularly described as that certain 16 foot wide alley lying East of and adjacent to Lots 1 through 6, inclusive, in said Block 120 and West of and adjacent to Lots 19 through 24, inclusive, in said Block 120 and bounded on the North by the South right-of-way line of Southeast 3rd Street and on the South by the South line of said Block 120. TOGETHER WITH: A strip or parcel of land running North and South and 16 feet in width from East to West through the center of the South half (Sl/2) of Block 120 of the CITY OF DELRAY, formerly called Linton, according to a plat thereof on file in Plat Book 1, Page 3, Palm Beach County Records, and more especially running through the center of the South 43.8 feet of the North 87.6 feet of the South half (S1/2) of said Block 120, the same being the extension of the 16 foot alley running North and South through Blocks 118, 119 and the North half (N1/2) of Block 120. Same being that certain 16 foot alley described in Deed Book 550, Page 282 of said Public Records. TOGETHER WITH: A stdp or parcel of land running North and South and 16 feet in width from East to West through the center of the South half (S1/2) of Block 120 of the CITY OF DELRAY, formedy called Linton, according to a plat thereof on file in Plat Book 1, Page 3, Palm Beach County Records, and more especially running through the center of the North 43.8 feet of the North 87.6 feet of the South half (S1/2) of said Block 120, the same being the extension of the 16 foot alley running North and South through Blocks 118, 119 and the North half (N1/2) of Block 120. Same being that certain 16 foot alley described in Deed Book 352, Page 384 of said Public Records. Said lands lying in the City of Delray Beach, Palm Beach County, Florida, containing 6,392 square feet, more or less. Land Description Prepared By: SHAH, DROTOS & ASSOCIATES 1835 South Perimeter Road, Suite 190 Fort Lauderdale, Flodda 33309 Prepared by: MDR Checked by: MDR Project No.: 01-0557B File Name: 0557B.ALLEY. EASEMENT.WPD May 18, 2002 Sheet 1 of 2 Sheets SKETCH OF DESCRIPTION 16' ALLEY TO BE ABANDONED BLOCK 120-BLANK-NICHOLS SUBDIVISION (PB 13, I:~ 28, PBCR) BLOCK 120-TOWN OF DEl_RAY (FORMERLY UNTON) (PB 1. P~ 3. PACE) ~_'E ,,.~_~D ..~'_/'~_--¢'_---¢'T_ SCALE:I'=60' '%~ 16'~ ~ PB 13, PG 28 ~ ~ i ~__~_BE ~N~ONED) 5 20 ' [-,r' ~ 19 /OF BLOCK 12(I l', ~- ~ - ~ s~/~ ~ ,  ~ ...... I P~~ SU~ AND ~P~ ~1~ ~G~N NO. 3998 ~ ~ 01~ ~ ~LY ~O ~ ~ V~ ~ DROTOS .u~,.. P~NING ~ ASSOCIATES CERTIFICATE OF AUTHORIZATION NO. LB 6~56 SK~CH OF D~ON MDR ~/18/~ MDR 1835 S. Peflmeler R~d R~SIOHS DWN DA~ ~/~ CHKD PH: 954-776-7604 · F~: 954-776-7608 TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DAVIDT. HARDE ITY A AG R PAUL DORLING, DIRECTOR OF PdE~NING AND ZONING NGUYEN TRAN, SENIOR PLANNER ~ MEETING OF SEPTEMBER 17, 2002 *CONSENT AGENDA* ABANDONMENT OF ALL OF THE 16' NORTH-SOUTH ALLEY LYING WITHIN BLANK-NICHOLS SUBDIVISION TOGETHER WITH THE 16' NORTH-SOUTH ALLEY RUNNING THROUGH THE CENTER OF THE NORTH 87.5 FEET OF THE SOUTH HALF (S 1/2) OF BLOCK 120, TOWN OF DELRAY. , ,,BACKGROUND ..... The portion of alleyway proposed for abandonment is the entire dedicated alley as shown on the plat of Blank-Nichols Subdivision (Plat Book 13, Page 28), together with the 16' alley running through the center of the North 87.5 feet of the South Half (S. ½) of Block 120, Town of Delray, as dedicated to the City of Delray Beach through deeds (DB 550, PG 282 and DB 352, PG 384) recorded in January of 1927. The abandonment request was submitted by Mallory II, LLC (a.k.a. Ironwood Properties). The abandonment is being processed in conjunction with a site plan approval request for a mixed-use development to be known as Meridian, which will contain 22 residential units and 20 first floor office units. The applicant has also submitted an application for a 12' wide water easement abandonment, which is currently being processed as a separate request to be considered before the City Commission. A plat application has not been submitted at this time, but will be submitted at a later time. Currently, the alley is unimproved and is not being utilized for access. A 6" municipal water main and a 10" municipal sewer main are located within the subject area. Florida Power & Light, Adelphia Cable, Florida Public Utilities Co. (gas) and BellSouth have identified facilities in the subject area. All utilities will remain in their present location and a general utility easement will be retained over the entire abandonment area. PLANNING AND ZONING BOARD CONSIDERATION At its meeting of August 19, 2002, the Planning and Zoning Board considered the request at a public hearing. There was no public comment concerning this item. After reviewing the staff report and further discussion, the Board voted 5-0 to recommend approval subject to conditions (Mark Krall abstained, Dwayne Randolph-absent). RECOMMENDED ACTION By motion, approve the abandonment of all of the 16' alley lying within Blank-Nichols Subdivision together with the 16' alley running through the center of the north 87.5 feet of the south half of Block 120, Town of Delray, and reserve a general utility easement over the entire abandonment area to cover the existing utilities, based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachments: · Abandonment Resolution · P & Z Staff Report of August 19, 2002 s:\planntng & zoning\boards\dty commission\Meridian Alleyway Abandonment doc RESOLUTION NO. 71-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ALL OF THE 16-FOOT AIJ,EY LYING WITHIN BLANK-NICHOLS SUBDIVISION (PB 13, PG 28) TOGETHER WITH A 16-FOOT ALLEY RUNNING THROUGH THE CENTER OF THE NORTH 87.5 FEET OF THE SOUTH HALF (S 1/2) OF BLOCK 120, TOWN OF DELRAY, BUT RESERVING AND RETAINING TO THE CITY A GENERAL UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of all of the 16-foot alley lying within Blank-Nichols Subdivision together with a 16- foot alley running through the center of the north 87.5 feet of the south half of Block 120, Town of Delray, as more particularly described herein (See Exhibit "A"); and WHEREAS, said application for abandonment of said alley right-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public heating on August 19, 2002, and voted 5-0 to recommend approval of the abandonment, based upon posiuve findings with respect to LDR Section 2.4.6(0)(5), and subject to the condiuon that a general utility easement be retained over the entire area; 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 interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and reserves unto itself a general utility easement for the purpose of emergency access and constructing and/or maintaining, either over or under the surface poles, w~res, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the Cxty or private corporations over the entire area thereof, as more particularly described herein. 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 and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all right and interest ~t holds to the following real property for alley right-of-way purposes only, but does not abandon and retains and reserves unto itself a general utility easement for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facihties used for various public utilities whether owned by the City or private corporations over the entire area thereof, more particularly described as follows: RES. NO. 71-02 See Exhibit "A" 2002. PASSED AND ADOPTED in regular session on this the __ day of ATTEST: MAYOR City Clerk RES. NO. 71-02 Exhibit "A" LAND DESCRIPTION 16' ALLEY TO BE ABANDONED A portion of Block 120, BLANK-NICHOLS SUBDIVISION, according to the plat thereof, recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County, Florida, being more particularly described as that certain 16 foot wide alley lying East of and adjacent to Lots 1 through 6, inclusive, in said Block 120 and West of and adjacent to Lots 19 through 24, inclusive, in said Block 120 and bounded on the North by the South right-of-way line of Southeast 3r~ Street and on the South by the South line of said Block 120. TOGETHER WITH: A st~p or parcel of land running North and South and 16 feet in width from East to West through the center of the South half (Sl/2) of Block 120 of the CITY OF DELRAY, formedy called Linton, according to a plat thereof on file in Plat Book 1, Page 3, Palm Beach County Records, and more especially running through the center of the South 43.8 feet of the North 87.6 feet of the South half (Sl/2) of said Block 120, the same being the extension of the 16 foot alley running North and South through Blocks 118, 119 and the North half (N1/2) of Block 120. Same being that certain 16 foot alley described in Deed Book 550, Page 282 of said Public Records. TOGETHER WITH: A strip or parcel of land running North and South and 16 feet in width from East to West through the center of the South half (S1/2) of Block 120 of the CITY OF DELRAY, formedy called Linton, according to a plat thereof on file in Plat Book 1, Page 3, Palm Beach County Records, and more especially running through the center of the North 43.8 feet of the North 87.6 feet of the South half (S1/2) of said Block 120, the same being the extension of the 16 foot alley running North and South through Blocks 118, 119 and the North half (N1/2) of Block 120. Same being that certain 16 foot alley described in Deed Book 352, Page 384 of said Public Records. Said lands lying in the City of Delray Beach, Palm Beach County, Flodda, containing 6,392 square feet, more or less. Land Description Prepared By: SHAH, DROTOS & ASSOCIATES 1835 South Perimeter Road, Suite 190 'Fort Lauderdale, Flodda 33309 Prepared by: MDR Checked by: MDR Project No.: 01-0557B File Name: 0557B.ALLEY. EASEMENT.WPD May 18, 2002 Sheet I of 2 Sheets SKETCH OF DESCRIPTION lO' ALLEY TO BE ABANDONED BLOCK 120-BLANK-NICHOLS SUBDMSlON (PB 13, PG 28, PBCR) BLOCK 120-TOWN OF DELRAY (FORMERLY UNTON) (p[~ ~..~ ~, PBcR) $.E: 3;'?D $_/"~'~c7' SCALE:~'=60' 2~ 23 ~,.¢~PB 1~, ~ 28 li 6 ',~t 4~ 19 u., o. /OF BL~K 120 ~j~-; ~ ~DB ~2, PG ~ - ~ s~/~ , ~ DB 5~. ~ 282 I i ~~ ......  P~OTOfi ~,~ CERTIFI~TE OF AUTHORIZATION NO. ~ 6~56 ~CH OF D~N MDR ~/t~m M~ lU5 s. ~r ~d · S~ 19o- n. ~1~ fi. ~o9 R~IONS ~' ~ ~/~ ~KD ~: 9~-776-7~ · F~ 9~-776-7608 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: August 19, 2002 IV.D. Abandonment of a 16-Foot North-South Alleyway Lying East of S.E. 6th Avenue (Northbound Federal Highway, U.S. 1), Between S.E. 3rd Street and S.E. 4th Street for the Proposed Meridian Mixed-Use Development. Owner .................................. General Public Agent .............................. Ironwood Properties, Inc. Applicant ............................. Mallory II, L.L.C. Location ............................... 16' North-South Alley within Block 120, Town of Delray Property Size ........................ 0.147 Acre Existing FLUM Designation.. CC (Commercial Core) Current Zoning ..................... CBD (Central Business District) Adjacent Zonings ........ North: CBD East: R-l-AA (Single Family Residential) South: GC (General Commercial) West: CBD Existing Land Use ................ Unimproved Alley Proposed Land Use ............. Abandonment of Alleyway to be incorporated into a proposed mixed-use development known as the Meridian. Water Service ...................... n/a Sewer Service ...................... n/a IV.D. The item before the Board is that of making a recommendation to the City Commission on abandonment of the 16' north-south alley lying within Blank-Nichols Subdivision (PB 13, PG 28) together with the 16' alley lying east of the North 87.5 feet of the South ~ of the West 143 feet of Block 120, Town of Linton (Delray), for the proposed Meridian mixed-use project. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. Block 120, Town of Linton (Now Delray), was originally platted as an agricultural block in December of 1895. The north one half (N. ~) of Block 120 was replatted with the recordation of the Blank-Nichols Subdivision in December of 1925. The southern one half (S. %) of Block 120 was divided by metes and bounds and the alleyway system for this portion of the block was dedicated to the City of Delray through numerous deeds. The portion of alleyway proposed for abandonment is the entire dedicated alley as shown on the plat of Blank-Nichols Subdivision (Plat Book 13, Page 28), together with the 16' alley adjacent to the North 87.5 feet of the South Half (S. ½) of the West 143 feet of Block 120, as dedicated to the City of Delray (DB 550, PG 282 and DB 352, PG 384) in January of 1927 (refer to Exhibit "A"). Currently, the subject area is unimproved. The alleyway proposed for abandonment is a 16' x 399.37' rectangular shaped parcel containing approximately 6,390 sq. ft. (0.147 acre). The abandonment request was submitted by Mallory II, LLC (a.k.a Ironwood Properties). The abandonment is being processed in conjunction with a site plan approval request for a mixed-use development to be known as Meridian, which will contain 22 residential units and 20 first floor office units. The total land area of the project, including the subject alleyway, is 81,629 sq. ft. (1.87 acres). The applicant has also submitted applications for a 12' wide water Easement Abandonment. A plat application was not submitted at the time this report was written. A plat will be submitted at a later time. Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned (returned) to the adjacent property to the same degree in which it was originally obtained, i.e. property dedicated exclusively from a single parcel shaft be returned to that parcel; property dedicated through subdivision shaft be divided at the center line and returned equally to abutting parcels. Planning and Zoning Board Staff Report Meddian Alleyway Abandonment Page 2 The applicant is the fee simple owner of Lots 1 through 6, Blank-Nichols Subdivision, and the North 87.5 feet of the South ~ (S. %) of the West 143 feet of Block 120, Town of Delray. By abandoning the alleyway adjacent to the east side of these lots, it is clear that the applicant is entitled to the western one half (West 8') of the alleyway adjacent to Lots 1 through 6 as dedicated on the plat of Blank-Nichols Subdivision, thus, the properties east of the dedicated alley (Lots 19 through 24) are entitled to the east 8'. The 16' portion of alley lying east of the North 87.5 feet of the South half (S. %) of the West 143 feet of Block 120 was dedicated to the City of Delray through Deed Book 550, Page 282 and Deed Book 352, Page 384. Deed Book 550, Page 282 dedicated to the City of Delray a parcel of land 16 feet in width by 43.8 feet in length (south 43.8 feet of the 87.5 feet of alleyway). Deed Book 352, Page 384 also dedicated to the City of Delray a parcel of land 16 feet in width by 43.8 feet in length (north 43.8 feet of the 87.5 feet of alleyway). The crucial information excluded from these two deeds is the lot configuration at the time these deeds were recorded. Without knowing the lot configuration of the lots which dedicated the 16' wide portions of alleyway, it cannot be determined how much of this portion of the alley abandonment area the adjacent property owners are entitled to. The lot configuration of the lots prior to dedicating the 16' x 87.5' portion of alleyway must be determined prior to consideration of the abandonment by the City Commission. Utility Services Florida Power & Light indicated that they have 2 power poles located adjacent to Lots 19 and 22, Blank-Nichols Subdivision, and requested that they be relocated to the east. Florida Public Utilities Company identified existing gas facilities and requested relocation of their facilities along with a separate easement dedication. BellSouth and ^delphia located existing aerial cables within the abandonment area and also requested relocation of their facilities. The City's Environmental Services Department identified water and sewer mains in the subject area. The City's Fire Department reviewed the request and has no objection to [he abandonment. Due to the numerous facilities identified within the abandonment area, replacement easements or relocation of said facilities will be required. Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being 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. The intended purpose of the alley was to provide secondary access to the buildings on adjacent streets. Since the alley has never been improved or utilized for secondary access and dead-ends approximately 70 feet north of S.E. 4th Street, the Planning and Zoning Board Staff Report Meridian Alleyway Abandonment Page 3 public need is limited to utilities, which can be accommodated by an easement. The City has no plans to utilize the alleyway for any other public purpose. B) That the abandonment does not, nor will not, prevent access to a lot of record. The subject abandonment will not prevent access to any parcel, as all affected parcels take primary access from either S.E. 6~ Avenue (Northbound Federal Highway) or S.E. 7th Avenue. C) That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. The applicant is responsible to grant replacement easements and/or provide for the relocation of existing utilities and will be responsible for all associated costs of this process. All utilities, currently located in the subject alleys, will be accommodated through replacement easements or relocation so that they will provide the same or better services to the adjacent lots. Since a replat will be required to dedicate easements and to aggregate the parcels for the Meddian project, the disposition of existing utility services will be addressed through the platting process. The development proposal is not within the geographical area requiring review by the WARC (West Atlantic Avenue Redevelopment Coalition), the DDA (Downtown Development Authority), HPB (Historic Preservation Board) and the CRA (Community Redevelopment Agency). Although it is not within the CRA area, a courtesy review was requested. The CRA reviewed the abandonment request at its meeting of July 25, 2002 and recommended approval. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. Courtesy Notices: Courtesy notices have been provided to the following groups: PROD (Progressive Residents of Delray) Presidents Council Osceola Park Marina Historic District Planning and Zoning Board Staff Report Meddian Alleyway Abandonment Page 4 The purpose of the abandonment is to aggregate individual parcels with the vacated area to help in the redevelopment of the west half of the block to accommodate a mixed-use development The extra 8' will be used as parking and landscaping which creates a larger buffer area between the proposed mixed-use development and the existing residential neighborhood to the east. The abandonment will not prevent access to adjacent lots of record. Required replacement easements will be dedicated with this abandonment. These easements will be incorporated into the replat of the property, which will be processed at a later date. Continue with direction. Recommend to the City Commission approval of the abandonment subject to positive findings with respect to LDR Section 2.4.6(0)(5) with conditions. Recommend to the City Commission denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5). By motion, recommend to the City Commission approval of the abandonment of the entire 16' north-south alley lying within Blank-Nichols Subdivision (PB 13, PG 28) together with the 16' alley lying east of the North 87.5 feet of the South ½ of the West 143 feet of Block 120, Town of Linton (Delray), based upon positive findings with respect to LDR Section 2.4.6(O)(5), subject to the following conditions: 1. The Official Resolution abandoning the subject area includes language which establishes a utility easement over the entire abandonment area; and 2. The lot configuration for the lot prior to the dedication of a 16' x 43.8' portion of alleyway recorded in Deed Book 550, Page 282; and 3. The lot configuration for the lot prior to the dedication of a 16' x 43.8' portion of alleyway recorded in Deed Book 352, Page 384. Attachments: · Exhibit "A" · Reduced Survey s:~planning & zoning\boards\p&z board\Meridian-Alleyway Aband.doc 5RD LOT 1 LOT 24 LOT 2 LOT 2,5 LOT 4~,~ LOT 2~ LOT 5 LOT 20 LOT 6. ~ ~ LOT ~9 N. 87.5~ )F S. 1/2 OF W. 14~' PORTION OF BLOCK 120 (DB (DB S.E. 4TH ST. ST. OF ALLEY 550, PG 282) & $52, PG $84) DEDICATED BY DEEDS N CITY OF DELRAY BEACH, FL PLANNING ,~ ZONING DEPARTMENT Exhibit "A" - ABANDONMENT - 16' NORTH-SOUTH ALLEYWAY WITHIN BLOCK 120, TOWN OF DI:LRAY (ASSOCIATED WITH THE MERIDIAN DEVELOPMENT) -- DIGITAL ~l.~E Ivl,4P S~STEM -- N UNE-$1/2 BLOCK 120~ -'% ~ ~o AII-A~erlca C~ 1993 2001 CITY CLERK 100 N.W. 1st AVENUE CERTIFICATION DELRAY BEACH, FLORIDA 33444 561/243-7000 I, ]~RBAP, A GARITO, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 71-02, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 17~ of September, 2002. IN WITNESS WHEREOF, I have hereunto set my hand ~nd the official seal of the City of Delray Beach, Florida, on this the 18~h day of September, 2002. Barbara Garito City Clerk City of De[ray Beach, Florida (SEAL THE EFFORT ALWAYS MATTERS Pl'f~ed o~ Recycled Paper