TO: Mayor and Commissioners
FROM: John Morgan, Environmental Services Director
THROUGH: Donald B. Cooper, City Manager
DATE: April 5, 2016
Title
ACCEPTANCE OF A 2 FOOT RIGHT-OF-WAY DEDICATION FOR S.W. 2ND TERRACE
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Recommended Action:
Recommendation
Motion to accept a 2' Right-of-Way Dedication from the abutting lots North and South of SW 2nd Terrace.
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Background:
The Carver Square Brownfield Area is a two block residential area bordered by: SW 2nd Court to the north, SW 3rd Street to the south, SW 7th Avenue to the east, and SW 8th Avenue to the west. Due to its previous uses as a pond and informal dump site, homes that were built on the property in the 1960's through 1980's experienced severe settlement problems. The Community Redevelopment Agency (CRA) in efforts to revitalize the area performed the following: 1) acquired the properties, 2) relocated the residents, 3) requested that the site be designated as a brownfield site, and 4) completed a soil remediation/mitigation program. Subsequent to the remediation in 2008, groundwater sampling was conducted and revealed that additional remediation would be necessary to close the project and enable the site to be redeveloped without further controls.
In 2013, SW 2nd Terrace was excavated to remove a layer of solid waste debris within the right-of-way. After a year of additional groundwater monitoring, in 2014, the Florida Department of Environmental Protection (FDEP) issued a letter stating the CRA has satisfied the site rehabilitation requirements for the Carver Square brownfield site.
In order to accommodate the proposed street cross section, a 2' right-of-way dedication is required from the abutting lots on the north and south sides of SW 2nd Terrace, pursuant to the City's Land Development Regulations Sections 5.3.1 (A) and (D). As the existing right-of-way is only 22' wide, additional right-of-way is necessary to accommodate the street and sidewalk. All but one of the 10 lots abutting SW 2nd Terrace is owned by the CRA (Lots 16 - 20, 21, 22, 24, 25). The other lot (Lot 23) is owned by the Delray Beach Community Land Trust (DBCLT), which will also dedicate the 2' right-of-way to the City. The City Attorney has reviewed the right-of-way deed for legal sufficiency and form, and determined it to be acceptable.
City Attorney Review:
Approved as to form and legal sufficiency.
Timing of Request:
The timing of this request is of high importance, as coordination between the CRA and the City is highly desirable.