Res 15-09CFN 20090108353
~ Ok P-I{ 23155 PG 0769
~ RECORDED 04!01/2009 16:10:22
Kj Florida
Pa1~a Beach County,
Sharon R. Bock, CLERK b GOnPTROLLER
r pc~s 0769 - 772; I4pgs)
RESOLUTION NO. 15-09
~, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
~ DELR.AY BEACH, FLORIDA, VACATING AND ABANDONING A
~ WATER EASEMENT LOCATED WITHIN THE DELRAY MARRIOTT
RESIDENCE INN PROPERTY LOCATED EAST OF SEABREEZE
~_ AVENUE, APPROXIMATELY 170' NORTH OF EAST ATLANTIC
AVENUE AND AS MORE PARTICULARLY DESCRIBED HEREIN
c~ 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 1664, Page 97, located east of Seabreeze Avenue,
approximately 170' north of East Atlantic Avenue 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
.°p City of Delray Beach, Florida; and
~ WHEREAS, pursuant to LDR Section 2.4.6(N)(3)(c), the application was forwarded to the City
V Commission with the recommendation that the abandonment be approved, based upon positive
findings; and
~ WHEREAS, the City Commission of the City of Delray Beach, Floxida, 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.
c~~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
_ r-
Section 1. That the foregoing recitals are hereby incorporated herein by this reference.
ection 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"
T
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SEE EXHIBIT "A"
PASSED AND ADOPTED in re ular session on this the~day `~~~ of 2009.
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MAYOR
ATTEST:
City Clerk
2 Res No. I5-09
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[ITM OF DELRA~ BEACH
DELRAY BEACH
All-America City
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1993 CERTIFICATION
zoo,
I, 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 Resolution No.
15-09 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
seal of the City of Delray Beach, Florida, on this the 6th day of March, 2009.
MP ~}>~ ,.
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Chevelle D. Nubin, CMC
City Clerk
City of Delray Beach, Florida
`;~ ~i
RESOLUTION NO. 15-09
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
WATER EASEMENT LOCATED WITHIN THE DELRAY MARRIOTT
RESIDENCE INN PROPERTY LOCATED EAST OF SEABREEZE
AVENUE, APPROXIMATELY 170' NORTH OF EAST ATLANTIC
AVENUE 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 1664, Page 97, located east of Seabreeze Avenue,
approximately 170' north of East Atlantic Avenue 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"
SEE EXHIBIT "A"
PASSED AND ADOPTED in re ular session on this the ~j~da `~~-1~ of 2009.
g Y
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MAYOR
ATTEST:
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City Clerk
2 Res No. 15-09
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CERTIFICATE Of vUxxtt~e
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th ~+ OCEAN PROPERIIES~ INC y
> AUTHORIZATION NO. LB 8435
1038 5. Parimvl.t RBBE. Sully 190 v11. leuC.~OBI., fl. 11J0B
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[ITS OF DELRAY 8EA[H ~ -~~ :~;
DELRAY BEACH
a 100 N.W. 1st AVENUE • DELRAY BEACH, FLORIDA 33444
All-AmericaCity
1
1993 CERTIFICATION
ZoO,
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• 561/243-7000
I, 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 Resolution No.
15-09 as the same was passed by the Delray Beach City Commission in regular
session on the 3rd of March 2009.
IN WITNESS WHEREOF, I have hereunto set my hand and the official
seal of the City of Delray Beach, Florida, on this the 6th day of March, 2009.
C~ .CrV ~~
Chevelle D. Nubin, CMC
City Clerk
City of Delray Beach, Florida
(SEAL)
® Printed on Recycled Paper THE EFFORT ALWAYS MATTER S
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 9 C. -REGULAR COMMISSION MEETING OF MARCH 3, 2009
RESOLUTION NO. 15-09/ABANDONMENT OF WATER EASEMENT/DELRAY MARRIOTT
RESIDENCE INN
ITEM BEFORE COMMISSION
The request involves abandoning a 5' water easement along the north western border of the Delray
Marriott Residence Inn property in conjunction with the construction of two and four-story hotel
additions.
BACKGROUND
On October 14, 2008, the Site Plan Review and Appearance Board approved a Class IV Site Plan
Modification for the Delray Marriott Residence Inn expansion which included the construction of two
and four-story hotel additions, expansion of the existing restaurant, and the addition of retail and
commercial uses.
Subsequently, the applicant has submitted a final boundary plat application. As part of the plat review
process it was noted that a 5' water easement located along the north western portion of the property no
longer contained City facilities. It was also noted on the boundary survey that several structures,
including a dumpster and several light poles, were encroaching within the easement. The abandonment
request has been submitted by the owners of the Marriott Residence Inn property to eliminate the utility
easement encumbrance to this portion of the site, therefore allowing for the construction of future
improvements within the abandonment area.
REVIEW BY OTHERS
Pursuant to LDR Section 2.4.6 (N) (5) the following finding must be made prior the City Commissior
granting an abandonment: The abandonment will not result in the detriment for the provision of utilir)
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 thf
abandonment area. The City's Environmental Services Department has reviewed the request and has no
objection to the abandonment. Since the easement area was dedicated to the City of Delray Beach as a
utility easement for the provision of water services, Florida Power & Light, Comcast Cable, Florida
Public Utilities Company and BellSouth (AT&T) would not have an interest in this request and
therefore are not required to comment.
RECOMMENDATION
By motion, adopt Resolution 15-09 approving the abandonment of a 5' wide water easement dedicated
to the City via an easement deed recorded in Official Record Book 1664, Page 97 of the Public Records
of Palm Beach County, Florida, located within the Delray Marriott Residence Inn property, based upon
positive findings with respect to LDR Section 2.4.6(N)(5).
Attachments:
. Location Map
. Survey of Abandonment Area
. Abandonment Resolution
RESOLUTION NO. 15-09
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
WATER EASEMENT LOCATED WITHIN THE DELRAY
MARRIOTT RESIDENCE INN PROPERTY LOCATED EAST OF
SEABREEZE AVENUE, APPROXIMATELY 170' NORTH OF EAST
ATLANTIC AVENUE AND AS MORE PARTICULARLY
DESCRIBED HEREIN
WHEREAS, the Ciry 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 1664, Page 97, located east of Seabreeze Avenue,
approximately 170' north of East Atlantic Avenue 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 Ciry 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 if holds to the following real property, more
particularly described as follows:
SEE EXHIBIT "A"
PASSED AND ADOPTED in regular session on this the _ day of, 2009.
MAYOR
ATTEST:
City Clerk
2 Res No. l 5-09
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CERTIFICATE OE 4UTHORI2 P.TION NO. LEI 6456
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S ~ R~ OCFAN PROPERTIES, INC y leis s. P.Mm.I.. 9°oa. mn. 190 •EI. ~aNa..am.. EI, s~so9
D ~ ~ PM: 95~-776-760 ~ EA%: 96~-]]6-)609
N SUBJECT PROPERTY
-~- MARRIOTT RESIDENCE INN
CITY OF DELRAY BEACH, FL 12-43-46--16-30-164-0070 TALLMAR PLAT
PLANNING & ZONING DEPARTMENT
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