Res 08-08IIII II III II IIl II III III II III II III 11 III II III II III I IIII
~ ,-~ CFN 200B0210`3B2
~ OR BK _ 226!30 PG 0175
rn RECORDED 06/04/2008 15:43:07
Palm Beach County, Florida ER
~1 Sharon R. Bock, CLERK 8~ COMPTROLLER
i'ge 0175 - 179; (Spge)
~ RESOLUTION NO. 08-08
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH
> FLORIDA VACATING AND ABANDONING A PORTION OF THE OLD
i
~ GERMANTOWN ROAD RIGHT OF WAY LOCATED AT THE SOUTHWEST
CORNER OF LINTON BOULEVARD AND OLD GERMANTOWN ROAD, WEST
OF PARK ACCESS ROAD AS MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS the City of Delray Beach, Florida, received an application for of a portion of Old
Germantown Road (ROW), as more particularly described herein, and
~ WHEREAS said application for abandonment of a general public right-of--way was processed
pursuant to Section 2.4.6(M), "Abandonment of Rights-Of-Way", of the Land Development
Z Regulations of the City of Delray Beach; and
U
~ WHEREAS pursuant to LDR Section 2.4.6(M)(3)(e), the Planning and Zoning Board, as Local
_ Planning Agency, formally reviewed the matter at a public hearing on March 17 2008 and voted 5
to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR
Section 2.4.6(M)(5); and
fl
WHEREAS the City Commission of the City of Delray Beach, Florida, finds that its interest in
the described property is no longer needed for the public good and deems it to be m the best interest of
~`n the City of Dekay Beach to vacate and abandon said right-of--way based upon positive findings pursuant
~ to LDR Section 2.4.6(1(5).
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH FLORIDA AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is
hereby determined by the Delray Beach City Commission to vacate and abandon all right and interest it
holds to the following real property for right-of--way purposes only, but does not abandon and retains
and reserves unto itself a utility easement over the entire area thereof for the purpose of emergency
access and constructing and/or maintaining either over or under, the surface poles, wires, pipes, sewers,
drainage facilities, or any other facilities used for various public utilities whether owned by the City or
private corporations more particularly described as follows:
EXHIBIT "A" CONTAINING 12,632 SQUARE-FEET, MORE OR LESS.
Section 2. That the Delray Beach City Commission hereby retains and reserves unto itself a
general utility easement over the entire abandonment area, for the purpose of emergency access and
constructing and/or maintaining, either over or under the surface poles, wires, pipes, sewers, drainage
facilities, or any other facilities used for various public utilities whether owned by the City or private
corporations, more particularly described as follows:
EXHIBIT "A" CONTAINING 12,632 SQUARE-FEET, MORE OR LESS.
PASSSED AND ADOPTED in regular session on this 18th day of March, 2008.
w
ATTEST: MAYO R
. ~• ~~ ~9~
City Clerk
2 RES. NO.08-08
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951 Broken Sound Parkw ,Suite 320 SURVEYING & M A P P I N G Tel: (56i) 241-9988
Boca Raton, Fbdda 33M~ Certificate of Aulhoriration No. L67264 Fax: {561) 241182
SKETCH AND LEGAL~DESCRIPTION .
(NOT A SURVElr7
BLOOD HAMMOCK GROVE- RIGHT OF WAY ABANDONMENT
LEGAL DESCRIPTION
A PORTfON OF LAND LYING IN SECTION 25, TOWNSHIP .46 SOUTH, RANGE 42 EAST (N THE
. CITY OF DELRAY .BEACH, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARY
DESCRIBED AS FOLCOW5~
COMMENCING AT THE NORTHEAST CORNER'OF "HAMMOCK RESERVE".ACCORDING 70 THE
PLAT THEREOF AS RECORDED fN PLAT BOOK $0, PAGES 166 THROUGH 175 OF THE PLIBLIC
RECORDS OF •PALM BEACH COUNTY; FLORIDA THENCE NORTH $8° 41'21" EAST, ALONG THE
NORTH LINE OF SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, A DISTANCE OF 237.16
FEET TO THE POINT OF BEGINNING: THENCE CONTINUE NORTH 88° 41'21"EAST ALONG .SAID
LINE, A DISTANCE OF 219.85 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF •
GERMANTOWN 'ROAD. AN 80.00 FOOTWIDE. ROAD RIGHT-OF-WAY: THENCE SOU`fH 69° 58'19"
EAST, ALONG THE SAID. NORTH RIGHT-OF-WAY LINE OF GERMANTOWN RgAD, A DISTANCE .
OF 28.89 •FEET TO A POINT ON THE ARC OF A .CIRCULAR CURVE CONCAVE TO THE WEST,
AT ~ WHICH THE RADIUS POINT PEARS SOUTH 40° 53'20" WEST. THENCE SOUTHERLY ALONG.
THE ARC .OF SAID CURVE, HAVING A RADIUS OF 34.00 FEET AND A CENTRAL ANGLE OF
46° 26'29", A DISTANCE OF 27.56 FEET TO THE POINT OF TANGENCY: THENCE SOUTH
02° 40'11" EAST, A DISTANCE OF 66.50 FEET THENCE. NORTH 69° 58'19" WEST, ALONG SOUTH
RIGHT-OF-WAY LINE OF SAID GERMANTOWN ROAD, A DISTANCE OF 278.59 FEET TO THE POINT
OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM $EACH COUNTY, FLORIDA,
AND CONTAIN 0.292 ACRES, MORE OR LESS.
NOTES
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE ANO THE
ORIGINAL .RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
2.' NO SEARCH OF THE PUBLIC RECORDS WA5 MADE IN THE PREPARATION OF THIS• SKETCH
AND DESCRIPTION. .
3. BEARINGS SHOWN .HEREON ARE BASED ON THE STATE PLANE COORDINATE SYSTEM,
TRAVERSE: MERCATOR .- FLORIDA EAST ZONE, WITH THE SOUTH RIGHT-OF-WAY ~ LINE OF
LINTON BOULEVARD HAVING A BEARING OF NORTH 88° 41'21"EAST, BASED ON COORDINATE
VALUES OF PALM BEACH COUNTY CONTROL MONUMENTS :"PITZEN", "IMAGE" AND "POTTER".
ALL DISTANCES SHOWN ARE GROUND DISTANCES. A SCALE FACTOR OF 1.000OJ74 WAS
USED FOR THIS SURVEY.
ABBREVIATIONS
L ~ ARCLENGTH O.R.B. OFFICIAL RECORDS BOOK
CONC. - CONCRETE P.O.B. POI N7.OF BEGINNING
COR. r CORNER P.O.C. POINT OF COMMENCEMENT
D DELTA (CENTRAL ANGLEI P.B. PLAT BOOK
D.E. DRAINAGE EASEMENT P. B. C. R. PALM BEACH COUNTY RECORDS
I.R.. - IRON ROD PG. PAGE
I.R.C. IRON ROD AND CAP P.S.M. PROFESSIpNAL SURVEYOR
L.B. LICENSED BUSINESS 8 MAPPER
L.S. - LICENSED SURVEYOR R/W RICHT-OF -WAY
MON. MONUMENT U.E. UTILITY EASEMENT
L. W. D. R. - LAKE WORTH DRAINAGE
DISTRICT
CER-f-IFlCATION
THEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON
COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN
CHAPTER• 6JG17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
SECTION 472.027, FLORIDA STATUTES, ANO THAT SAID SKETCH AND
DESCRIPTION E.AND CORRECT TO THE BEST OF MY KNOWLEDGE
I,IE S PRE RED UNDER MY DIRECTION.
DAPP
SURVEYOR AND MAPPER
FLORIDA LICENSE N0. LS5111
LAST DATE OF FIELD WORK = NOT A SURVEY
Pro)°ot -rarne~ BL000 HAMMOCK GROYE R/W ABANDONMENT DAiEr
roe No. 05133 owc ey. JLH _
cK•o By. JSH SHEf
SKETCH AND LEGAL DESCR1PT1ON
{BLOOD HAMMOCK GRO ~) R G T O WAY ABANDONMENT.
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`O ~' ~ WARRANTY DEED
N ~ h~ ~Q TO CITY OF DELRAY
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MEMORANDUM
TO: Mayor and City Commissioners
FROM: SCOTT R. ZUBEK, SENIOR PLANNER
PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING
THROUGH: CITY MANAGER
DATE: March 12, 2008
SUBJECT: AGENDA ITEM 8.H. - $EGULAR COMMISSION MEETING OF MARCH 18, 2008
RESOLUTIOn N0.08-08/ABANDONMENT OF RIGHT-OF-WAY
ITEM BEFORE COMMISSION
The item before the City Commission is the proposed abandonment of a 0.29 acre portion of Old
Germantown Road ROW in conjunction with a proposed plat for amixed-use residential and medical
office development named Midtown Delray. The parcel is located at the southwest corner of Linton
Boulevard and Old Germantown Road, west of Park Access Road. This right-of--way abandonment is
being processed pursuant to LDR Section 2.4.6(M}, Abandonment ofRight-of--Way.
The proposed abandonment area is within an easement currently in favor of the Lake Worth Drainage
District (LWDD} L-36 Canal. The LWDD district also has a reservation claim to this portion of
property. The LWDD quitclaimed a large tract of land generally known as "Blood's Grove" to a private
owner and excepted-out a strip of land 40 feet in width on each side of the center line of the County
Road (Old Germantown Road}.
On April 11, 2007 the LWDD Board of Supervisors approved the piping of a portion of the District's L-
36 Canal to allow the installation of parking for the Midtown Delray mixed-use project. On June 13,
2007 the LWDD Board of Supervisors declared the portion under consideration as surplus, selling it to
the adjacent property owner with the requirement of an easement retained over it for the L-36 Canal.
At its meeting of October 24, 2007 the Site Plan Review and Appearance Board approved a Class V
Site Plan, Landscape Plan and Architectural Elevations for the Midtown Delray mixed-use development
subject to the condition that the property be platted and that a portion of Old Germantown Road right-
of-way be abandoned. On December 11, 2007 the City Commission adopted Ordinance #46-07, which
approved development of the Midtown Delray mixed-use project. The related plat will be considered by
the Planning and Zoning Board on March 17, 2008 and the results will be reported to the City
Commission at this meeting.
The right-of--way abandonment is now before the City Commission for final approval.
The City's Environmental Services Department has identified a sanitary sewer main located within the
subject area and has asked that a utility easement be retained over the entire area via the abandoning
Resolution in favor of the City. Other than this requirement, the City Engineer has no objection to the
abandonment. The City's Fire Department has reviewed the request and has no objection to the
abandonment. Utility provider companies FPL (Florida Power and Light}, FPU (Florida Public Utilities}
and Comcast Cable have reviewed the abandonment request and have no objections. At the time this
report was written, AT&T Telephone Company has not responded to the City's notification.
Move approval of the resolution abandoning a 0.29 acre portion of Old Germantown Road right~of--way
lying northeast of and adjacent to the Midtown Delray property by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.6(M}(5} of the Land Development
Regulations subject to the following conditions:
1. That the Resolution abandoning the subject area includes language which establishes a general
utility easement over the entire abandonment area.
2. That the all easements, reservations and/or claims to title pertaining to Lake Worth Drainage
District jurisdiction be satisfied prior to the recording of the Resolution abandoning the subject area.
RESOLUTION N0.08-08
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH FLORIDA VACATING AND ABANDONING A
PORTION OF THE OLD GERMANTOWN ROAD RIGHT OF WAY
LOCATED AT THE SOUTHWEST CORNER OF LINTON
BOULEVARD AND OLD GERMANTOWN ROAD, WEST OF PARK
ACCESS ROAD AS MORE PARTICULARLY DESCRIBED HEREIN
BUT RESERVING AND RETAINING TO THE CITY A GENERAL
UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF AS
MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS the City of Delray Beach, Florida, received an application for abandonment of a portion of
the Old Germantown Road right-of--way, as more particularly described herein, and
WHEREAS said application for abandonment of a general public right-of--way was processed pursuant
to Section 2.4.G(1V1), "Abandonment of Rights-Of-Way", of the Land Development Regulations of the City of
Delray Beach; and
WHEREAS pursuant to LDR Section 2.4.G(M)(3){e), the Planning and Zoning Board, as Local
Planning Agency, formally reviewed the matter at a public hearing on and voted _ to
____ to recommend approval of the abandonment, based upon positive findings with respect to LDR Section
2.4.6(1V1)(5), and subject to the condition that a general utility easement be retained over the entire area; and
WHEREAS the City Commission of the City of Delray Beach, Florida, finds that its interest in the
described property is no longer needed for the public good and deems it to be in the best interest of the City of
Delray Beach to vacate and abandon said right-of--way based upon positive findings pursuant to LDR Section
2.4.6(1V1)(5), but does not abandon and retains and reserves unto itself a utility easement over the entire area
thereof as more particularly described herein for the purpose of emergency access and constructing and or
maintaining either over or under the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities
used for various public utilities whether owned by the City or private corporations.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH FLORIDA AS FOLLOWS:
Section 1. That pursuant to Chapter 177.1 d1(5) and Chapter 166 of the Florida Statutes, it is hereby
determined by the Delray Beach City Commission to vacate and abandon all right and interest it holds to the
following real property for right-of--way purposes only, but does not abandon and retains and reserves unto
itself a utility easement over the entire area thereof for the purpose of emergency access and constructing
and/or maintaining either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other
facilities used for various public utilities whether owned by the City or private corporations more particularly
described as follows:
EXHIBIT "A" CONTAINING 12,632 SQUARE-FEET, MORE OR LESS.
ection 2. That the Delray Beach City Commission hereby retains and reserves unto itself a general
utility easement over the entire abandonment area, far the purpose of emergency access and constructing
and/or maintaining, either over or under the surface poles, wires, pipes, sewers, drainage facilities, or any other
facilities used for various public utilities whether owned by the City or private corporations, mare particularly
described as follows:
EXHIBIT "A" CONTAINING 12,632 SQUARE-FEET, MORE OR LESS.
PASSSED AND ADOPTED in regalar session on this the day of , 2008.
ATTEST: MAYO R
City Clerk
2 RES. N0.08-08
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lifil &oken Samd Perkway, SUite 320 Tel: (661) 241.888
8of~ FI$tOn, Fbrida 33~( l8' S U R V E Y t N G 8 M A P P I N G Fe~c 24i-6162
Cedit'fcste of Aulhairdtfon No. LB7264 ~
SKETC-H AND LEGAL-DESCRIPTION .
• (NOT A SURVEIL
BLOOD HAMMOCK C3ROVE•- RIGHT OF WAY ABANDONMENT
LEGAL DESCRIPTION
A PORTION OF LANG LYING IN SECTION 25, TOWNSHIP .46 SOUTH, RANGE 42 EAST IN THE
CITY OF DELRAY .BEACH, PALM BEACH COUNTY. FLORIDA. BEING MORE PARTICULARY
DESCRIBED AS FQLLOW5:
COMMENCING AT THE NORTHEAST CORNER' OF "HAMMOCK RESERVE". ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK $0, PAGES 166 THROUGH 175 OF THE PUBLIC
RECORDS ~ OF •PALM 6EACH COUNTY; FLORIDA: THENCE NORTH 88° 41'21" EAST, ALONG THE
NORTH LINE OF SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, A DISTANCE OF 237.16
FEET TO THE POINT OF BEGINNING: THENCE CONTINUE NORTH 88° 41'21"EAST ALONG. SAID
LINE, A DISTANCE OF 219.85 FEET TO A POINT ON THt; NORTH RIGHT-OF-WAY LINE OF
GERMANTOWN 'ROAD, AN 80,00 FOOTWIDE. ROAD RIGHT-OF-WAY. THENCE SOUTH 69° 58'19"
EAST, ALONG THE SAID. NORTH RIGHT-OF-WAY LWE OF GERMANTOWN RgAO. A DISTANCE •
OF• 28.89 FEET . TO A POINT ON THE ARC OF A .CIRCULAR CURVE CONCAVE TO THE iNEST,
Ai' ~ WHICH THE RADIUS POINT BEARS SOUTH 40° 53'20" WEST TkiENCE SOUTHERLY ALONG_
THE' ARC .OF SAIb CURVE. HAVING A RADIUS OF 34.00 FEET AND A CENTRAL ANGLE OF
46° 26'29", A DISTANCE OF 27.56' FEET TO THE POINT OF TANGENCY: THENCE SOUTH
02° 40'11" EAST, A DISTANCE OP 66.50 FEET. THENCE. NORTH 69° 58'19" WEST, ALONG SOUTH
RIGHT-OF-WAY LINE OF SAID GERMANTOwN ROAD, A DISTANCE OF 278.59 FEET TO THE POINT
•OF BEGINNING.
SAID LANDS SITUATE •IN THE CITY OF DELRAY BEACH. PALM BEACH COUNTY, FLORIDA.
AND CONTAIN 0.292 ACRES, MORE OR LESS. •
NoYES
1. REPRODUCTIONS OF THIS SKETCH O THE
ARE NOT VALID WITHOUT THE SIGNATURE AN
ORIGINAL RAISED SEAL OF A FLORIDA L ,
ICENSED SURVEYOR AND MAPPER. '
2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF TIiIS• SKETCH
AND DESCRIPTION. .
3. BEARINGS SHOWN HEREON ARE BASED ON THE STATE PLANE COORDINATE sYSTEM,
TRAVERSE MERCATOR ,- FLORIDA EAST ZONE, WITH THE SOUTH RICHT-OF-WAY • LINE OF
LINTON BOULEVARD HAVING A BEARING OF NORTH 88° 41'21"EAST, BASED ON COORDINATE
VALUES OF PALM BEACH COUNTY CONTROL MONUMENTS :"PITZEN", "[MAGE" AND "POTTER",
ALL DISTANCES SHOWN ARE GROUND DISTANCES. A SCALE FACTOR OF 1.0000374 WAS
USED FOR THIS SURVEY.
ABBREVIATIONS • '
L ARCLENGTH O.R.B. OFFfCIAI RECORDS B04%
CONC. CONCRETE P.O.B. PO[NT•OF BEGINNING.
CDR. ~ CORNER P.O.C. POINT OF COA4YENCEIaENT
0 DELTA fCENTFtAL ANGLES P.B. PLAT BOOK
D.E. DRAINAGE EASEAENT P. B. C. R. PALW BEACH COUNTY RECORDS
I.R.. IRON R00 PG. PACE '
I.R.C. JROIi ROD AND CAP P.S.M. PROFESSIONAL SURVEYOR •
L.B. LICENSED BUSINESS '~ 8 MAPPER
L.S. LICENSED SURVEYOR R/Mf RIGHT-OF -WAY
WON. 1ADNUIENT U.E. UTILITY EASEA+ENT
L.Mf.O-0. LAKE WORTH DRAINAGE
DISTRICT
.CERTIFICATION
THEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOwN HEREON
COMF~LIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN
CHAPTER• 6tGt7-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
SECTION 472.027, FLORIDA STATUTES, AND THAT SWD SKETCH AND
DESCRIPTION E .AND CORRECT TO THE BEST OF MY KNOWLEDGE
I,IE PRE ED UNDER MY DIRECTION.
P'
SURVEYOR AND MAPPER
FLORIDA LICENSE NO. LS5111
LAST DATE OF FIELD WORK = NOT A SURVEY
Dro!°et raaei BLOOD }W11WCK G OYE RJW ABANDONMENT D-YE~ Z/1Z/Z009
roe wo. 05133 orc ar, JLH
ck•o eye JSH SHEET 1 Of 2
L~,d: t A
. SKETCH AND LEGAL DESCRIPTION
. (NOT A SURVEY)
(BLOOD HAMMOCK GROVE)-RIGHT OF WAY ABANDONMENT.
^°' WARRANTY DEED
.
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IL4 TO CITY OF DELRAY
~
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