File #: 25-339    Version: 1 Name:
Type: Request Status: Agenda Ready
File created: 3/7/2025 In control: City Commission
On agenda: 4/8/2025 Final action:
Title: ITEM(S) A1 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 217 KING LYNN. ITEM(S) A2 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 318 NE 8TH AVE. ITEM(S) A3 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 326 SW 5TH AVE. ITEM(S) A4 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 317 SW 5TH AVE. ITEM(S) A5 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 802 N. SWINTON AVE. ITEM(S) B1 - GRANTING OF AN UNDERGROUND EASEMENT BY CITY OF DELRAY BEACH.
Sponsors: Public Works Department
Attachments: 1. Agenda Cover Report, 2. A1a - Right of Way - 217 Kings Lynn - ADF 217 LLC, 3. A1b - Legal Review Right of Way - 217 Kings Lynn - ADF 217 LLC, 4. A2a - Right of Way - 318 NE 8th Ave - Azure 318 NE 8th Ave LLC, 5. A2b - Legal Review - Right of Way - 318 NE 8th Ave - Azure 318 8th LLC, 6. A3a - Right of Way - 326 SW 5th Ave - Marlena Roker & Veta Spells, 7. A3b - Legal Review Right of Way - 326 SW 5th Ave - Marlena Roker and Veta Spells, 8. A4a - Right of Way - 317 SW 5th Ave - Yves Fleurant, 9. A4b - Legal Review Right of Way - 317 SW 5th Ave - Yves Fleurant, 10. A5a -Right of Way - 802 N Swinton Ave - Hacienda Gardens LLC, 11. A5b - Legal Review Right of Way - 802 N Swinton Ave - Hacienda Gardens LLC, 12. B1a - Easement - FPL - Germantown Rd, 13. B1b - Legal Review FPL Easement - Unaddressed Parcel between Swinton and FEC Railway north of 10th
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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TO:                                          Mayor and Commissioners

FROM:                     Missie Barletto, Public Works Director

THROUGH:                     Terrence R. Moore, ICMA-CM

DATE:                      April 8th, 2025

 

Title

ITEM(S) A1 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 217 KING LYNN.

 

ITEM(S) A2 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 318 NE 8TH AVE.

 

ITEM(S) A3 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 326 SW 5TH AVE.

 

ITEM(S) A4 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 317 SW 5TH AVE.

 

ITEM(S) A5 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 802 N. SWINTON AVE.

 

ITEM(S) B1 - GRANTING OF AN UNDERGROUND EASEMENT BY CITY OF DELRAY BEACH.

 

Body

Recommended Action:

Recommendation

 

Consideration of the following items:

 

Item A1 - Motion to approve and accept a Right-of-Way Dedication by the owners of 217 Kings Lynn.

 

Item A2 - Motion to approve and accept a Right-of-Way Dedication by the owners of 318 NE 8th Ave.

 

Item A3 - Motion to approve and accept a Right-of-Way Dedication by the owners of 326 SW 5TH Ave.

 

Item A4 - Motion to approve and accept a Right-of-Way Dedication by the owners of 317 SW 5TH Ave.

 

Item A5 - Motion to approve and accept a Right-of-Way Dedication by the owners of 802 N. Swinton Ave.

 

Item B1 - Motion to approve and grant an Underground Easement by the City of Delray Beach.

 

Body

Background:

 

Item A1

 

Consider acceptance of a Right-of-Way Dedication located at 217 Kings Lynn.

 

The owner(s) submitted a building permit application for the subject property. During the application process it was determined that in accordance with LDR 5.3.1 (A), the roadway has an ultimate Right-of-Way of 50 ft. That corresponds to a half-width of 25 ft.  The current Right-of-Way half-width is 20 ft.  As a result, a 5 ft. Right-of-Way dedication was requested to satisfy the requirement.

 

There is no City cost now or in the future for these items.

 

 

Item A2

 

Consider acceptance of a Right-of-Way Dedication located at 318 NE 8th Ave.

 

The owner(s) submitted a building permit application for the subject property. During the application process it was determined that in accordance with LDR 5.3.1 (A) the alley in the rear of the property has an ultimate Right-of-Way of 20 ft. That corresponds to a half-width of 10 ft.  The current Right-of-Way half-width is 8 ft.  As a result, a 2 ft. Right-of-Way dedication was requested to satisfy the requirement.

 

There is no City cost now or in the future for these items.

 

 

Item A3

 

Consider acceptance of a Right-of-Way Dedication located at 326 SW 5TH Ave.

 

The owner(s) submitted a building permit application for the subject property. During the application process it was determined that in accordance with LDR 5.3.1 (A) the roadway has an ultimate Right-of-Way of 50 ft. That corresponds to a half-width of 25 ft.  The current Right-of-Way half-width is 20 ft.  As a result, a 5 ft. Right-of-Way dedication was requested to satisfy the requirement. It was also determined that in accordance with LDR 5.3.1 (A) the alley in the rear of the property has an ultimate Right-of-Way of 20 ft. That corresponds to a half-width of 10 ft.  The current Right-of-Way half-width is 8.75 ft.  As a result, a 1.25 ft. Right-of-Way dedication was requested.

 

There is no City cost now or in the future for these items.

 

 

Item A4

 

Consider acceptance of a Right-of-Way Dedication located at 317 SW 5TH Ave.

 

The owner(s) submitted a building permit application for the subject property. During the application process it was determined that in accordance with LDR 5.3.1 (A) the roadway has an ultimate Right-of-Way of 50 ft. That corresponds to a half-width of 25 ft.  The current Right-of-Way half-width is 10 ft.  As a result, a 15 ft. Right-of-Way dedication was requested to satisfy the requirement. It was also determined that in accordance with LDR 5.3.1 (A) the alley in the rear of the property has an ultimate Right-of-Way of 20 ft. That corresponds to a half-width of 10 ft.  The current Right-of-Way half-width is 16.4 ft.  As a result, a 1.8 ft. Right-of-Way dedication was requested.

 

There is no City cost now or in the future for these items.

 

 

Item A5

 

Consider acceptance of a Right-of-Way Dedication located at 802 N. Swinton Ave.

 

During the design of the Swinton Ave. Project, it was determined that in accordance with LDR 5.3.1 (A), Swinton Ave. has an ultimate Right-of-Way of 60 ft. That corresponds to a half-width of 30 ft.  The current Right-of-Way half-width is 15 ft.  As a result, a 15 ft. Right-of-Way dedication was requested from the property owner(s) to satisfy the requirement.

 

There is no City cost now or in the future for these items.

 

 

Item B1

 

Consider acceptance of an Underground Easement located on S. Swinton Ave.

 

FP&L requested an Easement the subject property. It was determined that an easement would be needed to allow access to utilities on this property. As a result, an easement agreement was created.

There is no City cost now or in the future for these items.

 

 

 

 

 

City Attorney Review:

Approved as to form and legal sufficiency.

 

Funding Source/Financial Impact:

N/A

 

Timing of Request:

The timing of these requests is of high importance to allow projects to continue construction.