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Res 32-10RESOLUTION NO, 32-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT LOCATED ON THE GROVE CAR WASH PROPERTY AT 2210 NORTH FEDERAL HIGHWAY AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT '"A". WHEREAS, the City of Delray Beach, Florida, received an application far abandonment of a utility easement dedicated via the "North Federal Highway Replat", as recorded in Plat Book 107, Pages 43-45 of the Public Records of Palm Beach County, Florida, located at 2210 North Federal Highway and as mare particularly described in Exhibit "A", and WHEREAS, the application far 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 RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLZOWS: 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 AD{~I'TED in regular session on this the day ofti.1 , 2014. MAYA ATTEST: ~~..~,,, City Clerk 2 RES. Na. 32-10 Exhibit A ~z-~~ ~ ~ 11 ~ ~ ~ ~ ~ ~ ~#~! \ ~~~~ _ p 1.1...1 e. ~}4~N ~ ~ ~~. ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~~~ a OO v ~+~ it II a . 11 11 1 ~ 11 4l 1 ~-v... .J ~~OC 2~ ~,q },~ ~ IXx.~~ Wa 4~ ~-,. S" ~~~ ~ ~ fir; ~~ ~ ~~ ©~ ~ ~~ ~ ° ~ i~ ~ ~~~ ~~ ~, <~5~~ ~ ~~~~ N '°r,,}' ' ' ~~ky ~x], o ~ ~~ 3 N 8 i~ A ,~~~ CSt~'~ yt~~ }. +. ~~ ~ ~ ~~~,~„ ~, w Q ,V AYAUi'N$3kTJ ~_ x W ~Nq,7 N~1y----N q_ J____ ~ ~ ~ ~ ~ ~ ~r~~ z Page 1 of 2 l1~IE1~~itJRANDUlVI TO: Mayor and City Commissioners FROM: Ronald Hoggard, A1CP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: June 7, 2010 SUBJECT: AGENDA ITEM 8,F. -REGULAR COMMISSION MEETING OF JUNE 15.2010 RESOLUTION NO.32-10: ABANDONMENT OF A UTILITY EASEMENT ITEM BEFORE COMMISSION The request involves the abandonment of a 10' x 51.3' general utility easement located in front of the Grove Car Wash site at 2210 North Federal Highway. BACKGROUND The City Commission granted conditional use approval for the establishment of aself-service car wash facility on the subject property on June 3, 2003, and the Class V site plan, landscape plan and building elevations were subsequently approved by the Site Plan Review and Appearance Board (SPR:AB} on March 23, 2005. The subject easement was dedicated on the "North Federal I-lighway Replat" (Plat Book 10'7, Pages 43-45), recorded on February 24, 200b. The property was sold in April of this year and the new owner is seeking the abandonment due to the fact that the building housing the office for the car wash encroaches into the easement. F~EVIEW BY OTHERS Pursuant to LDR Section 2,4.6(N}(5), a finding must be made prior the City Commission granting an abandonment that the abandonment will not be detrimental to the provision of utility services to adjacent properties or the general area, There are no utilities within the easement area. The City's Environmental Services Department and Fire-Rescue Department have reviewed the request and have no abjection to the abandonment. Florida Power & Light (FPL}, Comcast Cable, Florida Public Utilities Company and BellSouth (AT&T} have also reviewed the request, and have no objection. RECOlYIMENDATION By motion, approve Resolution 32-10 to abandon a 10' x 51.3' general utility easement dedicated via http:l/miweb001/AgendaslBluesheet.aspx7ItemID=3388&MeetingID=262 613012010 Page 2 of 2 the North Federal Highway Replat, as recorded in Plat Book 107, Pages 43 to 45, of the Public Records of Palm Beach County, Florida, located on the Grove Car Wash site at 2210 North Federal Highway; and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6~1'.~I}(S}, Abandonment of Public Easements, of the Land Development Regulations. http:llmiweb001lAgendaslBluesheet.aspx?ItemID=3388&MeetingIDT262 b13012010 RESOLUTION NO, 32-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT LOCATED ON THE GROVE CAR WASH PROPERTY AT 2214 NORTH FEDEIi:AL HIGHWAY AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a utility easement dedicated via the "North Federal Highway Replat", as recorded in Plat Book 107, Pages 43-45 of the Public Records of Palm Beach County, Florida, located at 2210 North Federal Highway and as more particularly described in Exhibit "A"" .and WHEREAS, the application for abandonrs~nt 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 eras 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 Dekay Beach, Florida, pursuant to LDR Section 2.4,6{N){5), finds that the abandonment wi]1 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 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 an this the _.._ day af~ , 2Q1Q. ATTEST: City Clerk MAYOR RES. 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', 4i ~,,~ 'i ~ 2 ....T~~ DELRA Y'S ____ LOST DRl UE-1N 0 -- 1NG'tTAL $45E ALAP $Y$TEM -- MAP REF: 5:\P4onning & Zoning\D8M5\Fi16-Gab\Z-LM 1001-1500\LM118fi_2210 Norlh fedral Hwy. dwy v N SUBJECT - ~ PRt}PERTY EASEMENT ABANDONMENT ~ ~~ ~-~ FEDERAL HWY ~~'~~ ~ <~" PLANNING AND ZONING • DEPARTMENT 12-43-48-04-35-000-0010 LOCATION MAP