title
ITEM: 40TH STREET/LAKE WORTH ROAD RIGHT OF WAY ABANDONMENT
REQUEST: Discussion regarding the present status of the Lake Worth Right-of-Way ("ROW").
body
EXPLANATION: Council has requested this item be placed on the agenda for discussion.
In January, 2015, we received correspondence from Dan Rosenbaum, Esquire on behalf of Wellington Equestrian Partners, LLC ("WEP"), Mark Bellissimo and all entities owned by WEP and Mr. Bellissimo that own properties adjacent to the Lake Worth Road Right-of-Way (the "Owners"), setting forth his clients' legal position concerning the present status of the Lake Worth Right-of-Way ("ROW"). As set forth in Mr. Rosenbaum's correspondence, he believes that the ROW was abandoned by the Village as a matter of law pursuant to Florida Statute 255.22.
After reviewing the materials provided by Mr. Rosenbaum, as well as conducting our own review and analysis, we have concluded that the ROW has been legally abandoned. Given that, no Council action is required in order to effectuate the abandonment and all that remains to be done is the ministerial act of executing documents necessary to reflect the legal status of the property. Copies of the Quit Claim Deeds conveying the properties have been provided for our review.
Notwithstanding the abandonment, WEP remains responsible for the construction of the roadway connection from Lake Worth Road to South Road. These obligations were imposed upon the developer as part of its development approval and were also agreed to by the developer in the April 8, 2013 Memorandum of Understanding ("MOU").
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: NO QUASI-JUDICIAL:
FIRST READING: SECOND READING:
LEGAL SUFFICIENCY: N/A
FISCAL IMPACT: NO
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Discussion regarding the present status of the Lake Worth Right-of-Way ("ROW").