File #: 23-223    Version: 1 Name:
Type: Request Status: Passed
File created: 2/10/2023 In control: City Commission
On agenda: 3/6/2023 Final action: 3/6/2023
Title: RESOLUTION NO. 47-23: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ABANDONMENT OF INTEREST IN A PORTION OF RIGHT-OF-WAY LOCATED NORTH OF WITHERSPOON LANE AND SOUTH OF BOND WAY, TOTALING APPROXIMATELY 2,062.5 SQUARE FEET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL)
Sponsors: Development Services Department
Attachments: 1. Agenda Cover Report, 2. Resolution No. 47-23_905, 907, 909 Witherspoon Lane -, 3. 905, 907, 909 Witherspoon Lane - PZB Staff Report, 4. 905, 907, 909 Witherspoon Lane - Survey of Right of Way, 5. 905, 907, 909 Witherspoon Lane - City Engineer Recommendation, 6. 905, 907, 909 Witherspoone Lane - Applicant Justification Statement, 7. 905, 907, 909 Witherspoon Lane - History, 8. 905, 907, 909 Witherspoon Lane - Legal Review of Resolution No. 47-23
TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: March 6, 2023

Title
RESOLUTION NO. 47-23: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ABANDONMENT OF INTEREST IN A PORTION OF RIGHT-OF-WAY LOCATED NORTH OF WITHERSPOON LANE AND SOUTH OF BOND WAY, TOTALING APPROXIMATELY 2,062.5 SQUARE FEET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL)

Body
Recommended Action:
Recommendation
Review and consider Resolution No. 47-23, a privately-initiated request to abandon a portion of a City-owned right-of-way (alley) totaling approximately 2,062.5 square feet and located between Bond Way and Witherspoon Lane.

Body
Background:
The subject area is an unimproved alley right-of-way located north of 905, 907, and 909 Witherspoon Lane (“Subject Properties”). The alley was created by the First Addition to Kenmont Plat in 1945 as recorded in the Official Records Book (ORB) 22, page 24 of Palm Beach County Clerk of the Circuit Court. The alley, as originally platted, connected Palm Trail to NE 9th Avenue. The partial abandonment of the alley as recorded in ORB 1612, Page 256 abandoned portions of the alley to the west of the subject properties, disconnecting the right-of-way from NE 9th Street. The requested right-of-way abandonment is located adjacent to the prior abandonments.
The unimproved alley right-of-way contains overhead utilities, owned by the Florida Power and Light Company, to provide power to the adjacent properties. The properties surrounding the alley have either built fences up to the property line or encroached into the alley right-of-way. No City of Delray Beach utilities (stormwater, water, sewer) are located within the proposed abandonment area. The City Engineer has determined that, in the instance of an abandonment, a 6-foot wide General Utility Easement will be require...

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