TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: March 5, 2024
Title
RESOLUTION NO. 69-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE VACATION OF TRACT “P” FROM THE ATLANTIC GROVE PLAT NO. 2, RECORDED IN PLAT BOOK 133, PAGES 44 THROUGH 46, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL)
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Recommended Action:
Recommendation
Review and consider Resolution No. 69-24, a privately-initiated request to vacate Tract “P” from the Atlantic Grove Plat No. 2, recorded in Plat Book 133, Pages 44 through 46 of the Public Records of Palm Beach County, Florida.
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Background:
The subject request is for the vacation of Tract “P” from the Atlantic Grove Plat No. 2. Tract “P” is an existing parcel of land located on the west side of NW 4th Avenue between West Atlantic Avenue and NW 1st Street. The parcel is currently comprised of a portion of an existing parking lot, the balance of which is owned and utilized by the Mount Olive Baptist Church, located to the north of the parcel.
Tract “P” was included with the approval of the Atlantic Grove Plat No. 2 and recorded in 2022. However, the Palm Beach County Property Appraiser’s Office indicated that Tract “P” should not have been included in the Plat as it had already been added to the Atlantic Grove Condominium by Court Order (included as an attachment). As a result, the Tract “P” portion of the Atlantic Grove Plat No. 2 must be vacated for the for the Plat to be recorded.
Per State statutes and the City’s Land Development Regulations (LDR), the vacation of Tract “P” can occur by legal instrument, in this case a Resolution to be acted on by the City Commission, and subsequently recorded by the Palm Beach County Clerk of Court. As such, a re-plat would not be necessary.
Finding...
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