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File #: 24-1289    Version: 1 Name:
Type: Request Status: Passed
File created: 9/6/2024 In control: City Commission
On agenda: 10/1/2024 Final action: 10/1/2024
Title: ITEM(S) A1 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 603 ANDREWS AVE. ITEM(S) A2 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 310 NE 1ST AVE. ITEM(S) B1 - ACCEPTANCE OF AN UNDERGROUND EASEMENT BY CITY OF DELRAY BEACH
Sponsors: Public Works Department
Attachments: 1. Agenda Cover Report, 2. A1a - Right of Way Deed - 603 Andrews Ave - The Michael Provenzano Trust, 3. A1b - Legal Review Right of Way Deed - 603 Andrews Ave - the Michael Provenzano Trust, 4. A2a - Right of Way Deed - 310 NE 1st Ave - Joeseph and Susan Wagman - re-executed, 5. A2b - Legal Review Right of Way Deed - 310 NE 1st Avenue - Joseph and Susan Wagman, 6. B1a - Easement Underground - FPL - unaddressed parcel at NW 8th Ave and Einfeild Rd, 7. B1b - Legal Review FPL Underground Easement - unaddressed parcel at NW 8th Ave and Einfeild Rd

TO:                                          Mayor and Commissioners

FROM:                     Missie Barletto, Public Works Director

THROUGH:                     Terrence R. Moore, ICMA-CM

DATE:                     October 1, 2024

 

Title

ITEM(S) A1 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 603 ANDREWS AVE.

 

ITEM(S) A2 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 310 NE 1ST AVE.

 

ITEM(S) B1 - ACCEPTANCE 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

603 Andrews Ave.

 

Item A2 - Motion to approve and accept a Right-of-Way Dedication by the owners of

310 NE 1st Ave.

 

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

 

Body

Background:

 

Item A1

 

Consider acceptance of a Right-of-Way Dedication located at 603 Andrews 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 12.5 ft.  As a result, a 7.5 ft. Right-of-Way dedication was requested to satisfy the requirement. It was also determined that in accordance with LDR Section 6.1.2(C)(2)(e) for the intersecting roadways, a 25’ radius Right-of-Way is required and was also requested.

 

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 310 NE 1st 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 ft.  As a result, a 2 ft. Right-of-Way dedication was requested.

 

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

 

Item B1

 

Consider acceptance of an Underground Easement located at intersection of NW 8th Ave and Enfield Rd.

 

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.