City of Delray Beach - File #: 22-516

• File #: 22-516
• Version: 1
• Type: Request
• Status: Agenda Ready
• File created: 4/18/2022
• In control: City Commission
• On agenda: 5/3/2022
• Title: ITEM(S) A1, A2, A3,A4, A5 AND A6 - ACCEPTANCE OF A RIGHT OF WAY DEDICATION BY 300 SANDPIPER LANE AND ACCEPTANCE OF A RIGHT OF WAY DEDICATION BY 924 NE 9th AVENUE AND ACCEPTANCE OF A RIGHT OF WAY DEDICATION BY 404 SE 4th AVENUE AND ACCEPTANCE OF A RIGHT OF WAY DEDICATION BY 408 SW 4TH STREET AND ACCEPTANCE OF A RIGHT OF WAY DEDICATION BY 508 NE 7TH AVENUE AND ACCEPTANCE OF RIGHT OF WAY DEDICATION BY 512 NE 7TH AVENUE.
• Sponsors: Public Works Department

TO:                                          Mayor and Commissioners                                   

FROM:                     Missie Barletto, Public Works Director

THROUGH:                     Terrence R. Moore, ICMA-CM

DATE:                     May 3, 2022

Title

ITEM(S) A1, A2, A3,A4, A5 AND A6 - ACCEPTANCE OF A RIGHT OF WAY DEDICATION BY 300 SANDPIPER LANE AND ACCEPTANCE OF A RIGHT OF WAY DEDICATION BY 924 NE 9^th AVENUE AND ACCEPTANCE OF A RIGHT OF WAY DEDICATION BY 404 SE 4^th AVENUE AND ACCEPTANCE OF A RIGHT OF WAY DEDICATION BY 408 SW 4^TH STREET AND ACCEPTANCE OF A RIGHT OF WAY DEDICATION BY 508 NE 7^TH AVENUE AND ACCEPTANCE OF RIGHT OF WAY DEDICATION BY 512 NE 7^TH AVENUE.

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Recommended Action:

Recommendation

Consideration of the following items:

RIGHT OF WAY DEED(S)

Item(S) A

Item A1 - Motion to approve and accept a Right of Way Dedication by the owners of 300 Sandpiper Ln.

Item A2 - Motion to approve and accept a Right of Way Dedication by the owners of. 924 NE 9^th Ave.

Item A3 - Motion to approve and accept a Right of Way Dedication by the owners of 404 SE 4^th Ave.

Item A4 - Motion to approve and accept a Right of Way Dedication by the owners of 408 SW 4^th St.

Item A5 - Motion to approve and accept a Right of Way Dedication by the owners of 508 NE 7^TH Ave.

Item A6 - Motion to approve and accept a Right of Way Dedication by the owners of 512 NE 7^TH Ave.

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Background:

Item A1

Consider acceptance of a Right of Way Dedication located at 300 Sandpiper Ln.

The owner(s), Sherri Glist Mariani Declaration of Trust, submitted building permit #21-200732 on 11/12/21 for the subject property. During the application process it was determined that in accordance with LDR 5.3.1 (A) a 25’ dedication at the intersection of Sandpiper Ln and Laing St would be required.  As a result, a 25 ft radial 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 924 NE 9^th Ave.

The owner(s), 924 NE 9^th Ave., LLC., submitted building permit # 21-200239 on 10/15/21 for the subject property. During the application process it was determined that the property is adjacent to a 16ft alley. In accordance with LDR 5.3.1 (A) a 2’ dedication along the alley would be required.  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 A3

Consider acceptance of a Right of Way Dedication located at 404 SE 4^th Ave.

The owner(s), Casa Moderna Delray LLC., submitted building permit # 21-201515 on 12/29/21 for the subject property. During the application process it was determined that the property is adjacent to a 16ft alley.  In accordance with LDR 5.3.1 (A) a 2’ dedication along the alley would be required.  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 A4

Consider acceptance of a Right of Way Dedication located at 408 SW 4^th St.

The owner(s), 408SW LLC., submitted building permit # 19-183151 on 5/06/19 for the subject property.  During the application process it was determined that the 3 lots are along SW 4^th Ave and at an intersection.  In accordance with LDR 5.3.1 (A) a 15’ dedication along SW 4^th Ave and a 25ft radial right of way at the intersection of SW 4^th St and SW 4^th Ave would be required.  As a result, a right of way dedication was requested to satisfy the requirement.

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 508 NE 7^TH Ave. 

The owner(s), 508 NE 7^th Ave LLC., submitted building permit # 22-203363 on 4/01/22 for the subject property.  During the application process it was determined that the property is adjacent to a 16 ft alley, and the intersection of NE 5^th St and NE 7^th Ave. In accordance with LDR 5.3.1 (A) a 2’ dedication along the alley, a 25 ft radial right of way at the intersection, and a 5ft dedication along NE 7^th Ave would be required.  As a result, a right of way dedication was requested to satisfy the requirement.

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

Item A6

Consider acceptance of a Right of Way Dedication located at 512 NE 7^th Ave.

The owner(s), 512 NE 7^th Ave LLC., submitted building permit 21-199120 on 8/19/21 for the subject property.  During the application process it was determined that the property                 is adjacent to a 16ft alley and on NE 7^th Ave.  In accordance with LDR 5.3.1 (A) a 5’ dedication along NE 7^th Ave and a 2ft dedication along the alley would be required.  As a result, a right of way dedication 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 in order to allow projects to continue construction.