Legislation Details

File #: 26-0501    Version: 1 Name:
Type: Request Status: Agenda Ready
File created: 4/9/2026 In control: City Commission
On agenda: 5/5/2026 Final action:
Title: ITEM(S) 1 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 102 SE 5TH AVE. ITEM(S) 2 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 103 S SWINTON CIR. ITEM(S) 3 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 117 N SWINTON CIR. ITEM(S) 4 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 125 NE 11TH ST. ITEM(S) 5 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 215 SE 5TH AVE. ITEM(S) 6 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 325 OAK ALLEY. ITEM(S) 7 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 220 PALM TRL. ITEM(S) 8 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 913 DENERY LN. ITEM(S) 9 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 342 N SWINTON.
Sponsors: Public Works Department
Attachments: 1. Agenda Cover Report, 2. 1a -Right of Way Deed - 102 SE 5th Ave - 4troPropco LLC, 3. 1b - Legal Review Right of Way Deed - 102 SE 5th Ave - 4troPropco LLC, 4. 2a - Right of Way Deed - 103 S. Swinton Cir - Ryan and Olivia Lehrl, 5. 2b - Legal Review Right of Way Deed - 103 S. Swinton Cir - Ryan and Olivia Lehrl, 6. 3a - Right of Way Deed - 117 N. Swinton Cir - Puccini Holdings LLC, 7. 3b - Legal Review Right of Way Deed - 117 N. Swinton Cir - Puccini Holdings LLC, 8. 4a - Right of Way Deed - 125 NE 11th St - 125 NE 11TH ST LLC, 9. 4b - Legal Review Right of Way Deed - 125 NE 11th St - 125 NE 11TH ST LLC, 10. 5a - Right of Way Deed - 215 SE 5th St - KM One LLC, 11. 5b - Legal Review Right of Way Deed - 215 SE 5th St - KM One LLC, 12. 6a - Right of Way Deed - 325 Oak Alley - City of Delray Beach, 13. 6b - Legal Review Right of Way Deed - 325 Oak Aly - City of Delray Beach, 14. 7a - Right of Way Deed - 220 Palm Trl - Richard D Holt Jr., 15. 7b - Legal Review Right of Way Deed - 220 Palm Trail - Richard Holt Jr, 16. 8a - Right of Way Deed - 913 Denery Ln - IL GABBIANO DELRAY BEACH LLC, 17. 8b - Legal Review Right of Way Deed - 913 Denery Ln - IL GABBIANO DELRAY BEACH LLC, 18. 9a - Right of Way Deed - 342 N. Swinton Ave - Cason Court LLC, 19. 9b - Legal Review Right of Way Deed - 342 N. Swinton Ave - Cason Court LLC
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TO:                                          Mayor and Commissioners

FROM:                     Missie Barletto, Director Public Works

THROUGH:                     Terrence R. Moore, ICMA-CM

DATE:                     May 5, 2026

Title

ITEM(S) 1 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 102 SE 5TH AVE.

ITEM(S) 2 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 103 S SWINTON CIR.

ITEM(S) 3 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 117 N SWINTON CIR.

ITEM(S) 4 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 125 NE 11TH ST.

ITEM(S) 5 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 215 SE 5TH AVE.

ITEM(S) 6 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 325 OAK ALLEY.

ITEM(S) 7 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 220 PALM TRL.

ITEM(S) 8 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 913 DENERY LN.

ITEM(S) 9 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 342 N SWINTON.

 

Body

Recommended Action:

Recommendation

Consideration of the following items:

 

Item 1 - Motion to approve and accept a Right-of-Way Dedication by the owners of 102 SE 5th Ave.

 

Item 2 - Motion to approve and accept a Right-of-Way Dedication by the owners of 103 S Swinton Cir.

 

Item 3 - Motion to approve and accept a Right-of-Way Dedication by the owners of 117 N Swinton Cir.

 

Item 4 - Motion to approve and accept a Right-of-Way Dedication by the owners of 125 NE 11th St.

 

Item 5 - Motion to approve and accept a Right-of-Way Dedication by the owners of 215 SE 5th St.

 

Item 6 - Motion to approve and accept a Right-of-Way Dedication by the owners of 325 Oak Alley.

 

Item 7 - Motion to approve and accept a Right-of-Way Dedication by the owners of 220 Palm Trl.

 

Item 8 - Motion to approve and accept a Right-of-Way Dedication by the owners of 913 Denery Ln.

 

Item 9 - Motion to approve and accept a Right-of-Way Dedication by the owners of 342 N Swinton.

 

 

 

Body

Background:

Item 1

 

Consider acceptance of a Right-of-Way Dedication located at 102 SE 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 Section 6.1.2(C)(2)(e) for the intersecting roadways, a 25’ radius Right-of-Way is required and was also requested. It was also determined that in accordance with LDR 5.3.1 (A) the alley at 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 2

 

Consider acceptance of a Right-of-Way Dedication located at 103 S Swinton Cir.

 

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 3

 

Consider acceptance of a Right-of-Way Dedication located at 117 N Swinton Cir.

 

The owner(s) submitted a building permit application for the subject property. During the application process it was determined that in accordance with LDR 6.1.2(C)(2)(e) for the intersecting roadways, 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 4

 

Consider acceptance of a Right-of-Way Dedication located at 125 NE 11th St.

 

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 5

 

Consider acceptance of a Right-of-Way Dedication located at 215 SE 5th St.

 

The owner(s) submitted a building permit application for the subject property. During the application process it was determined that in accordance with LDR 6.1.2(C)(2)(e) for the intersecting roadways, 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 6

 

Consider acceptance of a Right-of-Way Dedication located at 325 Oak Alley.

 

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 at 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 7

 

Consider acceptance of a Right-of-Way Dedication located at 220 Palm Trl.

 

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 8

 

Consider acceptance of a Right-of-Way Dedication located at 913 Denery Ln.

 

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 9

 

Consider acceptance of a Right-of-Way Dedication located at 342 N Swinton.

 

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 an irregular shape and less than 50 ft.  As a result, a right-of-way dedication of varying width was requested to satisfy the requirement.

 

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.