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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.
22-10 as the same was passed by the Delray Beach City Commission in regular
session on the 20~" day of April 2010. ~
IN WITNESS WHEREOF, I have hereunto set my hand and the official 17
seal of the City of Delray Beach, Florida, on this the 22"d day of April, 2010.
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RESOLUTION NO. 22-10
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A SANITARY SEWER EASEMENT
DEDICATED BY EASEMENT DEED, AS RECORDED IN
O.R.B. 1006, PAGE 265, AS MORE FULLY DESCRIBED IN
EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of
a sanitary sewer easement dedicated by easement deed, as recorded in Official Records Book 1006,
Page 265 of the Public Records of Palm Beach County, Florida, as more particularly described in
Exhibit "A"; said easement abandonment being located within Lots 4-8, inclusive, Block 97,
Highland Park(Plat Book 2, Page 79); and
WHEREAS, the application for abandonment of said easement was processed pursuant to
Section 2.4.6(I~, "Abandonment of Public Easements", of the Land Development Regulations of
the City of Dekay Beach, Florida; and
WHEREAS, pursuant to LDR Section 2.4.6(I~(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(1(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 Exhibit "A".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELR.AY BEACH, FLORIDA, AS FOLLOWS:
tin 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"
1 l
PASSED AND ADOPTED in regular session on the 20`~ day of April, 2010.
MAY
Attest:
C~• .
City Clerk
RES. N0.22-10
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SKETCH OF DESCRIPTION
D0~'T `A' .
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PANG AG~'~ TO TFE PLAT
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A~PBEAQH COLIVTY, AAA.
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CHAR(.~• PAUL D. ENGLE
955 IkW. 17tH AVENGE: SLATE Kl
DELl~AY BEACH RORJ A 33445
(561) 276-4501 (5618 732-3278
Prepared by/Return to:
Thomas M. Stanley, Esq.
MacMillan & Stanley, PLLC
29 NE 4`h Avenue
Delray Beach, FL 33483
UTILITY EASEMENT
THIS EASEMENT is made on fS`~=day of April, by and between STALKER
HOLDINGS, LLC, a Florida limited liability company, referred to as "Grantor", whose
address is 221 NW 17t" Street, Delray Beach, Florida 33444, and the CITY OF DELRAY
BEACH, FLORIDA, a municipal corporation, referred to as "Grantee", whose address is 100
NW First Avenue, Delray Beach, Florida 33444.
Grantor, for and in consideration of $10.00 and other valuable consideration, the receipt
and sufficiency of which is hereby acknowledged by Grantee, does hereby grant unto Grantee, its
successors and assigns, a perpetual utility easement which shall permit Grantee authority to enter
upon the property of the Grantor at any time to install, operate, maintain, service, construct,
reconstruct, remove, relocate, repair, replace, improve, expand, tie into, and inspect the potable
water, reclaimed water and/or wastewater lines and appurtenant facilities and equipment in, on,
over, under, adjacent to, and across the easement premises. This utility easement can also be
utilized for inspection of water meters located in the easement premises. The easement hereby
granted covers a strip of land lying, situate and being in the City of Delray Beach, Palm Beach
County, Florida, and being more particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE PART HEREOF
Grantor hereby covenants with Grantee that it is lawfully seized and in possession of the
real property herein described and that it has good and lawful right to grant the aforesaid
easement.
[THIS SPACE IS LEFT INTEL`
recording data above
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on
this /~ day of April, 2010.
Signed, sealed and delivered in the presence
of•
Signature
~.~ l.e
(Printed Name)
S • t -e)
(Printed Name)
STALKER HOLDINGS, LLC, a Florida
limited liability company
By. ~--
Name: El e hnson
Title: M ing Member
Address:
221 N.W. 17th Street, Delray Beach, FL
33444
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me on this J S day of
2010, by ELISE JOHNSON, Managing Member of STALKER
HOL INGS, LLC, a Florida limited liability company, who is personally known to me or has
produced a Florida driver's license as identification.
I
ry Pu is (Signature)
(AFFIX NOTARY SEAL)
~;, r -~.,,, B. GAIL DANY
''~~ ~ : MY COMMISSION # DD 663740
~`' EXPIRES: June 26, 2011
~'-.' • 6C' Bonded Thru Notary Public Underwriters
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SKETCH OF DESCRIPTION
ExHIBiT ';a"
SHEET 1 OF 1
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NORTH LINE _
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FLORIDA
OF PALM BEACH COUNTY
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30.0' O'BRIEN, SU/TER & O BRIEN, lNC
CERTIFICATE OF AUTHORIZATION #LB353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE.• PAUL D. ENGLE
955 N. W. 17TH AVENUE, SUITE Kf
DELRAY BEACH FLORIDA 33445
ORDER N0. 04- 11EA(N) (561) 276-4501 (561) 732-3279
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RESOLUTION NO. 22-10
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A SANITARY SEWER EASEMENT
DEDICATED BY EASEMENT DEED, AS RECORDED IN
O.R.B. 1006, PAGE 265, AS MORE FULLY DESCRIBED IN
EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of
a sanitary sewer easement dedicated by easement deed, as recorded in Official Records Book 1006,
Page 265 of the Public Records of Palm Beach County, Florida, as more particularly described in
Exhibit "A"; said easement abandonment being located within Lots 4-8, inclusive, Block 97,
Highland Park(I'lat Book 2, Page 79); and
WHEREAS, the application for abandonment of said easement was processed pursuant to
Section 2.4.6(I~, "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(I~(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 Ciry Commission of the Ciry of Delray Beach, Florida, pursuant to LDR
Section 2.4.6(I~(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 Ciry of Delray
Beach to vacate and abandon said easement, as more particularly described in Exhibit "A".
NOW, THEREFORE, BE IT ORDAINED 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 the 20`s day of April, 2010.
MAY
Attest:
C~• -
City Clerk
RES. N0.22-10
SKETCH OF DESCRIPTION
EX1~9~T A°
SHEET 1 OF 1
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NOTES
T!-I5 !S NOT A St.d4VEY
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!s Assca~ ro BEAR
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= G4VT0'~.ll~
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20 FAT of LOTS 4 71! ~
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PARK AOCORDlNC TO TFE PLAT
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DATE.• JAN'`3b`1`~~~~~10,,~.i'~C!~e'.'°` ;•..
09R/EN, SU%TER'~c' ~R~E N
CERTIFICATE 0~ AUTHORIZATION ~LB:
SURVEYOR AND MAPPER IN RESP Sli
CHARGE: PAUL D, ENGLE
955 N.W. 17TH AVENUE SUITE K1
DELRAY BEACH FLORIDA 33645
(56i) 276-4501 (561) 732-3279
' ~......
i
Page 1 of 2
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Paul Dorling, AICP, Director Planning and Zoning
THROUGH: City Manager
DATE: April 15, 2010
SUBJECT: AGENDA ITEM 8 K -REGULAR COMMISSION MEETING OF APRIL 20, 2010
RESOLUTION NO 22-10/ABANDONMENT OF SEWER EASEMENT/STAKLER HOLDINGSs
LLC
ITEM BEFORE COMMISSION
The item before the Commission is the abandonment of a 10' sewer easement which was to cover future
sewer facilities adjacent to N.E. 5th Avenue (Southbound Federal Highway). The sewer easement was
dedicated to the City of Delray Beach in August of 1963 by an Easement Deed recorded in Official
Records Book (O.R.B.) 921, Page 421. This action is associated with the development of a proposed 36-
hole miniature golf course located on the west side of NE 5th Avenue, between 3rd and 4th Streets
(350 and 362 NE 5th Avenue).
BACKGROUND
The easement proposed for abandonment measures 10' wide by 249.55' long and contains 2,495 square
feet (0.06 acres). The easement was dedicated via easement deed (O.R.B. 921, P.G. 421) in 1963, and
no sewer facilities were constructed in this area. The correct location for the easement is along the
eastern portion of the lots, adjacent NE 5th Avenue. However, as there are no sewer facilities in this
location, the abandonment request is supportable.
Along with this abandonment, under separate action by the City Commission, is the acceptance of a
4' water main easement to be located immediately adjacent to the NE 5th Avenue right-of--way. The
replacement easement will provide additional protection and maintain the customary 6' wide protection
on each side of the existing water main which is located approximately 2' east of the property line
within the NE 5th Avenue R/W.
REVIEW BY OTHERS
Pursuant to LDR Section 2.4.6(l~(5), the following finding must be made prior the City Commission
granting abandonment: The abandonment will not result in the detriment for the provision of utility
services to the adjacent properties or the general area.
http://miweb001 /Agendas/Bluesheet.aspx?ItemID=325 7&MeetingID=256 4/21 /2010
Page 2 of 2
The abandonment will not result in the detriment of services because no sewer lines are planned to be
located within the existing easement and an easement for the existing water main which services the
buildings will be provided. Therefore, the City's Environmental Services Department has no objection
to the abandonment. Since the existing easement was dedicated exclusively to the City of Delray Beach
as a sewer easement, Florida Power & Light, Comcast Cable, Florida Public Utilities Company
and AT&T have no interest in this request and therefore are not required to comment.
RECOMMENDATION
By motion, approve Resolution No. 22-10 to abandon a 10' wide sewer easement dedicated to the City
via an Easement Deed recorded in Official Records Book 921, Page 421 of the Public Records of Palm
Beach County, Florida, based upon findings that the abandonment request and approval thereof is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(N)(5),
Abandonment of Public Easements, of the Land Development Regulations.
http://miweb001/Agendas/Bluesheet.aspx?ItemID=3257&MeetingID=256 4/21/2010
RESOLUTION NO. 22-10
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
SANITARY SEWER EASEMENT DEDICATED BY EASEMENT DEED,
AS RECORDED IN O.R.B. 921, PAGE 421, AS MORE FULLY
DESCRIBED IN EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a sanitary
sewer easement dedicated by easement deed, as recorded in Official Records Book 921, Page 421 of the Public
Records of Palm Beach County, Florida, as more particularly described in Exhibit "A"; said easement
abandonment being located within Lots 4-8, inclusive, Block 97, Highland Park(Plat Book 2, Page 79); 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 Exhibit "A".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAI' 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 the day of , 2010.
MAYOR
Attest:
City Clerk
SKETCH OF DESCRIPTION
EXHIBIT 'A"
~^Vp' SHEET l OF 1
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W
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30.0'
1u89°24'06"W.
~ooo~ ~~~
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NORTH L1NE THIS IS NOT A SUR1/EY
LOT 4 ~
THE NORTH LINE OF LOT 4
IS ASSUMF_D TO BEAR
N.89°24'06"W.
rn
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~ Q ~ ~ ~ ~ THE WEST 1(1 FEET OF THE EAST
~ Q` ~ .. ~ (/~ 20 FEET OF LOTS 4 THROC/GH 8,
2.N, o ~~ ~ o ~ ~ , `-- INCLUSIVE, BLOCK 97, HIGHLAND
O ° ~ ~o ~ a' ~ ~ PARK, ACCORDING TO THE PLAT
Z p o ~ ~ oo v ~~ THEREOF AS RECORDED IN PLA T
I\ O o ~ ~' ° ~ o ~.., O BOOK 2, PAGE 79, PUBLIC RECORDS
~ m Z N N ~ ~' ~ ~ OF PALM BEACH COUNTY, FLORIDA.
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N.89°10'10"W SURI/EYOR.~ANQ;,IC%1~: :~`~-. ~,~„~7;
DATE.• JAN':`3~.`~~010..`i~:~;.~;.:.,.,_.:. ,
30.0' O'BRIEN, SUITER'&` BRlEN, INC
CERTIFICATE OF AUTHORIZATION #LB353
SURVEYOR AND MAPPER IN RE5P NSIBLE
CHARGE.• PAUL D. ENGLE
955 N.W. 17TH AVENUE SUITE KJ
ORDER 1V0 04_1 N ~ (561)A276E4501F(561) 732-3279
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N ABANDONMENT AREA PUTT'N AROUND DELRAY
~~ ® INTENDED EASEMENT ABANDONMENT AREA
CITY OF DELRAY BEACH, FL LOCATION MAP
PLANNING ~ ZONING DEPARTMENT
-- D/GITAL BASE MG9P SYSTEN -- MAP REF: LMAZ59B