Commission Memo 7779 10/17/79F L 0 R I D A 3 3 i 3 9
"FACATIONLAND II. $. A."
OFFICE OF THE CITY MANAGER
GAVIN W. O'BRIEN
CITY MANAGER
CiTY HALL
1700 CONVENTION CENTER DRIVE
TELEI~IONE: a73-7010
COMMISSION MEMORANDUM NO.
DATE: Octob.er !7, 1,979.
TO:
FROM:
SUBJECT:
Dr. Leonard Haber, Mayor and
Members of the City Commimion
Gavin W. O'Brkm ~.)
0
City. Manager
QUITCLAIH DEED FOP, EXCESS RIGHT-OF-VAY
BACKGROUND
In 1968, the general alignmentfcr Collins Avenue was altered thereby leaving,
in some instances, dedicated public right-of-way which no longer could be used
for traffic lanes, sldewalks, curb and gutter, etc. Since the date of the
change of alignment, the Coc~lsslon has established a precedent of returning
this excess right-of-way to the abutting o~ners upon request when there was no
conflict with existing improvements, City utilities, or other City facilities.
Return of excess ~ight-of-way to abutting property owners is an established
practice of governments when a determination is made that the right-of-way
cannot be used for highway purposes or other public purposes.
STAFF REV!E~
The staff has reviewed the request In detail and has visited the slte in question.
As you can see In the attached survey presented by counsel for the property owner,
the excess right-of-way in question (cross-hatched on the survey) Is a relatively
small portion of the site. The right-of-way does contain City utility lines.
Therefore, staff has included In the quitclaim deed attached to this memorandum
and Commission.resolutlon, language which would provide an easement to the City,
and a covenant that only drlveway, sldewalk, and landscaping Improvements may
be made on the easement. The doCuments further provide that the City ~ould be
responsible for no costs associated with repair or replacement of such Improve-
ments if damaged because of work required to be done on the City's utility lines.
The City Commission should also take note that the OWner Intends to develop the
parcel and to use the right-of-way in question for setback and related purposes
under the City's zoning code.
ADHINISTRATiON RECOI~ENDATION
It is recommended that the City Co,~nission adopt the attached resolution author-
~zing conveyance of the right-of-way in question, and authorizing execution of .
the attached quitclaim deed by the Hayor and City Clerk for and on behalf of
the City of Hiaml Beach, Florida.
JEB:rs
Attachments
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