Legislation Details

File #: 24-228    Version: 1 Name:
Type: Request Status: Passed
File created: 1/31/2024 In control: City Commission
On agenda: 3/5/2024 Final action: 3/5/2024
Title: ITEM(S) A1 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 1227 CRESTWOOD DR. ITEM(S) A2 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 530 N. SWINTON AVE. ITEM(S) A3 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 319 ANDREWS AVE. ITEM(S) A4 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 502 RYE LN. ITEM(S) A5 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 235 SE 5TH AVE. ITEM(S) B1 - ACCEPTANCE OF A GENERAL UTILITY EASEMENT BY 319 ANDREWS AVE. ITEM(S) C1 - ACCEPTANCE OF AN UNDERGROUND EASEMENT BY 80 DEPOT AVE.
Sponsors: Public Works Department
Attachments: 1. Agenda Cover Report, 2. A1a - Right of Way Deed - 1227 Crestwood Dr. - Christopher and Stacy Caywood, 3. A1b - Legal Review Right of Way Deed - 1227 Crestwood Dr. - Christopher and Stacy Caywood, 4. A2a - Right of Way Deed - 530 N Swinton Ave - Inhabit Acquisitions LLC, 5. A2b - Legal Review Right of Way Deed - 530 N Swinton Ave - InHabit Acquisitions LLC, 6. A3a - Right of Way Deed - 319 Andrews Ave - Margaret and Jordan Dorfman, 7. A3b - Legal Review Right of Way Deed - 319 Andrews Ave - Margaret and Jordan Dorfman, 8. A4a - Right of Way Deed - 502 Rye Ln - Robert Vreeland, 9. A4b - Legal Review Right of Way Deed - 502 Rye Lane - Robert Vreeland, 10. A5a - Right of Way Deed - 235 SE 5th Ave - Sir II Development LLC, 11. A5b - Legal Review Right of Way Deed - 235 SE 5th Ave - Sir II Development LLC, 12. B1a - General Utility Easement - 319 Andrews Ave - Jordan and Margaret Dorfman, 13. B1b - Legal Review General Utility Easement - 319 Andrews Ave - Jordan and Margaret Dorfman, 14. C1a - Underground Easement to FPL - City of Delray Beach - 80 Depot Avenue, 15. C1b - Legal Review FPL Underground Easement 80 Depot Ave

TO:                                          Mayor and Commissioners

FROM:                     Missie Barletto, Public Works Director

THROUGH:                     Terrence R. Moore, ICMA-CM

DATE:                     March 5, 2024

 

Title

ITEM(S) A1 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 1227 CRESTWOOD DR.

 

ITEM(S) A2 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 530 N. SWINTON AVE.

 

ITEM(S) A3 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 319 ANDREWS AVE.

 

ITEM(S) A4 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 502 RYE LN.

 

ITEM(S) A5 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 235 SE 5TH AVE.

 

ITEM(S) B1 - ACCEPTANCE OF A GENERAL UTILITY EASEMENT BY 319 ANDREWS AVE.

 

ITEM(S) C1 - ACCEPTANCE OF AN UNDERGROUND EASEMENT BY 80 DEPOT AVE.

 

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

1227 Crestwood Dr.

 

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

530 N Swinton Ave.

 

Item A3 - Motion to approve and accept a Right-of-Way Dedication by the owners of 319 Andrews Ave.

 

Item A4 - Motion to approve and accept a Right-of-Way Dedication by the owners of 502 Rye Ln.

 

Item A5 - Motion to approve and accept a Right-of-Way Dedication by the owners of 235 SE 5th Ave.

 

Item B1 - Motion to approve and accept a General Utility Easement by the owners of 319 Andrews Ave.

 

Item C1 - Motion to approve and accept an Underground Easement by the owners of 80 Depot Ave.

 

Body

Background:

 

Item A1

 

Consider acceptance of a Right-of-Way Dedication located at 1227 Crestwood Dr.

 

The owner(s), Christopher and Stacy Caywood submitted building permit application #23-213362 on 08/30/23, for the subject property. During the application process it was determined that in accordance with LDR 5.3.1 (A) Crestwood Dr. has an ultimate Right-of-Way of 40 ft. That corresponds to a half-width of 20 ft.  The current Right-of-Way half-width is 12 ft.  As a result, an 8 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 530 N Swinton Ave.

 

The owner(s), InHabit Acquisitions LLC acquired the subject property. During the process it was determined that in accordance with LDR 5.3.1 (A) N. Swinton Ave. has an ultimate Right-of-Way of 66 ft. That corresponds to a half-width of 33 ft.  The current Right-of-Way half-width is 30 ft.  As a result, a 3 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 intersection of N. Swinton Ave. and N.W. 6th St., 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 A3

 

Consider acceptance of a Right-of-Way Dedication located at 319 Andrews Ave.

 

The owner(s), Margret and Jordan Dorfman submitted building permit application #23-215021 on 11/20/23, for the subject property. During the application process it was determined that in accordance with LDR 6.1.2(C)(2)(e) for the intersection of Andrews Ave and Lang St., a 25’ radius Right-of-Way is required and was requested to satisfy the requirement.

 

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 502 Rye Ln.

 

The owner(s), Robert Vreeland acquired the subject property. During the process it was determined that in accordance with LDR 5.3.1 (A) Rye Ln. 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 Section 6.1.2(C)(2)(e) for the intersection of Rye Ln. and Kings Lyn, 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 A5

 

Consider acceptance of a Right-of-Way Dedication located at 235 SE 5th Ave.

 

The owner(s), Sir II Development LLC acquired the subject property. During the 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.

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

 

 

Item B1

 

Consider acceptance of a General Utility Easement by the owners of 319 Andrews Ave.

 

The owner(s), Margret and Jordan Dorfman submitted building permit application #23-215021 on 11/20/23, for the subject property. During the application process 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.

 

 

Item C1

 

Consider acceptance of an underground Easement by the owners of 80 Depot Ave.

 

The owner(s), City of Delray Beach built a new building for the subject property. During the process 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.