Res 16-09~..
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DELRAY BEACH
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REC~Ri)ED @5l29I~009 13:10:18
Pala Beach County, Florida
5haran R. Bock, CLERK & CCl1p'~RQLE.
pgs 0544 - 548; ~5pgs)
CERTIFICATION
!, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do hereby
certify that the attached document is a true and correct copy of Resolu#ion No.
16-09 as the same was passed by the Delray Beach City Commission in regular
session on the 3~d Of March 2009.
IN WITNESS WHEREOF, I have hereunto set my hand and the official
sea! of the City of Delray Beach, Florida, on this the 6th day of March, 2009.
~~~ ~.~
- Chevelle D. Nubin, CMC
City Clerk
City of Delray Beach, Florida
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RESOLUTION NO. 16-09
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
WATER EASEMENT LOCATED WITHIN THE CVS PHARMACY
PROPERTY LOCATED 50UTH OF N.E. 8TH STREET (GEORGE
BUSH BOULEVARD}, BETWEEN N.E. 5TH AVENUE
(SOUTHBOUND FEDERAL HIGHWAY} AND N.E. 6TH AVENUE
(NORTHBOUND FEDERAL HIGHWAI~ AND AS MORE
PARTICULARLY DESCRIBED HEREIN
WHEREAS, the City of Delray Beach, Florida, received an application fox abandonment of a
utility easement retained in favor of the City via an easement deed as recorded in the public records of
Palm Beach County, Official Records Book 2232, Pages 185 - 18G, located south of N.E. 8`s Street
(George Bush Boulevard), between N.E. 5`s Avenue {Southbound Federal Highway} and N.E. 6`''
Avenue (Northbound Federal Highway) and as more particularly described herein; and
WHEREAS, the application for abandonment of said easement was processed pursuant to
Section 2.4.6(N), "Abandonment of Public Easements, of the Land Development Regulations of the
City of Delray Beach, Florida; and
WHEREAS, pursuant to LDR Section 2.4.(~(N)(3)(c), the application was forwarded to the City
Commission with the recommendation that the abandonment be approved, based upon positive
findings; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR
Section 2.4.6(N){5), finds that the abandonment will not result in detriment for the provision of utility
services to adjacent properties or the general area, that its interest in the described property is no longer
needed for the public goad and deems it to be in the best interest of the City of Delray Beach to vacate
and abandon said easement, as more particularly described in herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing recitals are hereby incorporated herein by this reference.
Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby
determined to vacate and abandon all right and interest it holds to the following real property, more
particularly described as follows:
• •
5EE EXHIBIT "A"
PASSED AND ADOPTED in regular session on this the _ day of, 2009.
~~
ATTEST:
~.
City Clerk
MAYOR
2 Res No. 16-09
SKETCH AND LEGAL DESCRIPTION
BY
POLICE LAND SURVEYORS, iNC.
~~' 5381 NOB HILL ROAD ~..5
SUNRISE, FLORIDA 33351
TELEPFiC>NE: (954) 572-1777 FAX: (954) 572-1778
E-MAIL: svrveys~pulicelnndsurveyars.cnm GERTIFICATI= OF AUTHORfZATION LB#3670
LEGAL DESCRIPTION: EASEMENT TO BE ABANDaNED
THE SOUTH 5 FEET OF THE NORTH 25 FEET OF THE WEST 38 FEET OF LOT 84 AND THE SOUTH 5 FEET OF
THE NORTH 25 FEET OF THE NORTH-SOUTH ALLEY LYING AOJACFNT TO LOTS i THRU 4 AND LOTS 37 AND 54,
ALL fN THE "SUBDIVISION OF MCGINLEY AND GOSMAN", AS RECORDED IN PLAT BOOK 2, PAGE 87, PALM BEACH
COUNTY PUBLIC RECORDS.
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( ///'''~~~• Jf `Q PARCEL N0, S55
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NOTES:
1 } BEARINGS ARE RASED ON THIr EAST LINE 4F LOT 1 BE1NG N01'32'39"W.
2 THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REI•'RESENT A FIELD SURVEY.
3 THIS SKETCH IS NUT VALID WITHOUT THE 51GNATURE AND ORIGINAL RAISED SEAL
FLORIDA LICENSED SURVEYOR AND MAPPER,
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4) O. R, B. DENOTES: OFFICIAL RECORDS BOOK. ~ ~ f]
5) (~ DENOTES: CENTERLINE, ~ ~~~~~ //~/
CENTRES INC.
SCALE= ~"-50'
ORDER NO.~ 52140
DATE= 01/15/09
U.S. f AT N.E_ 8TH STREET
DELRAY BEACH, PALM BEACH CUIJMY, FLOF~A
FURS CENTRES SITE
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JO E, PROFESSIONAL SURVEYOR AND IuIAPPf~R LS2691
^ BURNS, PROFESSfONAL SURVEYOR AND MAPPER LS6i3$
STAT!~ OF FLORIDA
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LOCATION MAF'
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PLANFlR A m1Y1G pEyM(IYENT
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~.~~ "R~ STATE DF Ft_DRIpA • PALM BEACH COUMY
;' • r~ I heretry certify that the
apt ' ~ toregoir~g is a true copy
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LERK & ~OMP ER
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Di=DUTY G RK
RESOLUTION NO. 16-09
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
WATER EASEMENT LOCATED WITHIN THE CVS PHARMACY
PROPERTY LOCATED SOUTH OF N.E. 8TH STREET (GEORGE
BUSH BOULEVARD), BETWEEN N.E. 5TH AVENUE
(SOUTHBOUND FEDERAL HIGHWAY) AND N.E. 6TH AVENUE
(NORTHBOUND FEDERAL HIGHWAY) AND AS MORE
PARTICULARLY DESCRIBED HEREIN
WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a
utility easement retained in favor of the City via an easement deed as recorded in the public records of
Palm Beach County, Official Records Book 2232, Pages 185 - 186, located south of N.E. 8`h Street
(George Bush Boulevard), between N.E. 5`h Avenue (Southbound Federal Highway) and N.E. 6`"
Avenue (Northbound Federal Highway) and as more particularly described herein; and
WHEREAS, the application for abandonment of said easement was processed pursuant to
Section 2.4.6(N), "Abandonment of Public Easements~~, of the Land Development Regulations of the
City of Delray Beach, Florida; and
WHEREAS, pursuant to LDR Section 2.4.6(N)(3)(c), the application was forwarded to the City
Commission with the recommendation that the abandonment be approved, based upon positive
findings; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR
Section 2.4.6(N)(5), finds that the abandonment will not result in detriment for the provision of utility
services to adjacent properties or the general area, 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 easement, as more particularly described in herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing recitals are hereby incorporated herein by this reference.
Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby
determined to vacate and abandon all right and interest it holds to the following real property, more
particularly described as follows:
SEE EXHIBIT "A"
PASSED AND ADOPTED in regular session on this the _ day~l' ~*~L. of, 2009.
~~._
MAYOR
ATTEST:
~.
City Clerk
2 Res No. 16-09
SKETCH AND LEON J ;SCRIPTION ~
POLICE L/
PLS
E-MAIL: surveys(~puliceiands
LEGAL DESCRIPTION: EASEMENT
THE SOUTH 5 FEET OF THE NORTH 25 FEE
THE NORTH 25 FEET OF THE NORTH-BOUT
ALL IN THE "SUBDIVISION OF MCG{NLEY AN
COUNTY PUBLIC RECORDS.
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NOTES:
1) BEARINGS ARE 8A5ED ON THE EAST LIP
2) THIS lS NOT A SKETCH OF SURVEY ANf
3 THIS SKETCH IS NOT VALID WITHOUT TF
FLORIDA LICENSED SURVEYOR AND MAF
4) O.R.E3. DENOTES: OFFICIAL RECORDS BO
5) ~ DENOTES: CENTERLINE.
FILE= CENTRES INC.
SCALE= 1'-50'
ORDER NO.~ 52140
DATES 01/15/09
U.S_ 1 AT N.E. 8TH S CREST
DELRAY BEACH, PALM BEACH COUMY, FLORA
FOR: CENTRES SCCE
MEMORANDUM
TO: Mayor and City Commissioners
FROM: SCOTT R. ZUBEK, SENIOR PLANNER
PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING
THROUGH: CITY MANAGER
DATE: February 26, 2009
SUBJECT: AGENDA ITEM B.F. -REGULAR COMMISSION MEETING OF MARCH 3, 2009
RESOLUTION N0.16-09/ABANDONMENT OF WATER EASEMENT/CVS PHARMACY
ITEM BEFORE COMMISSION
The request involves abandoning a 5' x 54' water easement near the northern border of the proposed
CVS Pharmacy site to accommodate the installation of improvements and FPL utilities associated with
the construction of 15,266 sq. ft. CVS Pharmacy building.
BACKGROUND
On February 27, 2008 the Site Plan Review and Appearance Board (SPRAB) approved a Class V site
plan, landscape, and architectural elevations associated with the construction of a 19,000 sq. ft. Office
Depot and a 15,266 sq. ft. CVS Pharmacy. On September 10, 2008 the applicant resubmitted a Class V
Site Plan, landscape plan, and architectural elevations which eliminated the Office Depot building in
favor of a sodded, undeveloped parcel for future retail space. The Board subsequently re-approved the
Class V site plan and associated components.
As part of the plat review process it was noted that a 5' x 54' water easement (ORB-2232, PG-185)
dedicated to the City along the northern portion of the site is an unnecessary encumbrance since it no
longer contains any City facilities. Subsequently, the abandonment request was submitted by the owners
of the property to eliminate the easement encumbrance and allow the installation of landscaping,
franchise utilities (underground FPL lines and a transformer covered by a new 10' utility easement), and
other improvements associated with the construction of the CVS Pharmacy building.
REVIEW BY OTHERS
Pursuant to LDR Section 2.4.6 (N) (5) the following finding must be made prior the City Commission
granting an abandonment: The abandonment will not result in the detriment for the provision of utility
services to the adjacent properties or the general area.
The abandonment will not result in the detriment as there are no water or sewer mains located within
the abandonment area. The City's Environmental Services Department has reviewed the request and has
no objection to the abandonment. The water easement area occupies a portion of property that will be
dedicated on the plat as a 10' utility easement for Florida Power & Light (FPL) facilities.
RECOMMENDATION
By motion, adopt Reso.ution 16-09 approving the abandonment of a 5' x 54' water easement dedicated
to the City via an easement deed recorded in Official Record Book 2232, Pages 185 - 186 of the Public
Records of Palm Beach County, Florida, located within the CVS Pharmacy property, based upon
positive findings with respect to LDR Section 2.4.6(I~(5).
Attachments:
. Location Map
• Survey of Abandonment Area
. Abandonment Resolution #16-09
RESOLUTION NO. 16-09
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
WATER EASEMENT LOCATED WITHIN THE CVS PHARMACY
PROPERTY LOCATED SOUTH OF N.E. 8TH STREET (GEORGE
BUSH BOULEVARD), BETWEEN N.E. 5TH AVENUE
(SOUTHBOUND FEDERAL HIGHWAY) AND N.E. 6TH AVENUE
(NORTHBOUND FEDERAL HIGHWAY) AND AS MORE
PARTICULARLY DESCRIBED HEREIN
WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a
utility easement retained in favor of the City via an easement deed as recorded in the public records of
Palm Beach County, Official Records Book 2232, Pages 185 - 186, located south of N.E. 8t'' Street
(George Bush Boulevard), between N.E. 5`h Avenue (Southbound Federal Highway) and N.E. 6`''
Avenue (Northbound Federal Highway) and as more particularly described herein; and
WHEREAS, the application for abandonment of said easement was processed pursuant to
Section 2.4.6(N), "Abandonment of Public Easements, of the Land Development Regulations of the
City of Delray Beach, Florida; and
WHEREAS, pursuant to LDR Section 2.4.6(N)(3)(c), the application was forwarded to the City
Commission with the recommendation that the abandonment be approved, based upon positive
findings; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR
Section 2.4.6(N)(5), finds that the abandonment will not result in detriment for the provision of utility
services to adjacent properties or the general area, 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 easement, as more particularly described in herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing recitals are hereby incorporated herein by this reference.
Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby
determined to vacate and abandon all right and interest it holds to the following real property, more
particularly described as follows:
Res No. 16-09
SKETCH AND LEGAL DESCRIPTION
BY
POLICE LAND SURVEYORS, 1NC.
~S" 5381 NOB HILL ROAD PLS
SUNRISE, FLORIDA 33351
TELEPHONE: (954) 572-1777 ~ FAX: (954) 572-1778
E-MAIL: surveys(~pulicelandsurveyors.com CERTIFICATE OF AUTHOREZATION LB#3870
LEGAL DESCRIPTION: EASEMENT TO BE ABANDONED
THE SOUTH 5 FEET OF THE NORTH 25 FEET OF THE WEST 38 FEET OF LOT 64 AND THE SOUTH 5 FEET OF
THE NORTH 25 FEET OF THE NORTH-SOUTH ALLEY LYING ADJACENT TO LOTS 1 THRU 4 AND LOTS 37 AND 64,
ALL IN THE "SUBDEVISION OF MCGINLEY AND GOSMAN", AS RECORDED IN PLAT BOOK 2, PAGE $7, PALM BEACH
COUNTY PUBLIC RECORDS.
I
_ 1 N.E. 8TH STREET
! ~ 0.R.BR A83, AGE ~_
.NORTH UNE LOT t.~.~ I
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NOTES:
1) BEARINGS ARE BASED ON THE EAST LINE OF LOT 1 BEING N01'32'39"W.
2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FfELD SURVEY.
3 THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
4) O.R.B. DENOTES: OFFICIAL RECORDS BOOK. / ! ~ ~~
5) ~ DENOTES: CENTERLINE. Z~f'1 l ~ !
CENTRES INC.
~ SCALE= 1'-50' ~
~ ORDER NO: 52140 ~
DATE= 01/15/09
U.S. 1 AT N.E. 8TH STREET
~ DELRAY BEACH, PALM BEACH COUNTY, FLORA ~
cENTRES srTE
JOH E, PROFESSIONAL SURVEYOR AND MAPPER LS2691
O BURNS, PROFESSIONAL SURVEYOR AND MAPPER LS6136
STATE OF FLORIDA
61
40