Res 43-04IIII!11111111111111111111
CFN 20040353§99
OR BK 17134 PO; 0955
RECORDED ~/18/2N4 11:33:28
Pain Bench County, Florida
Dorothy H #liken, Clerk o~ Court
RESOLUTION NO. 43-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF DIXIE HIGHWAY RIGHT-
OF-WAY (ROW) LOCATED JUST NORTH OF FLADELL'S
WAY, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT
RESERVING AND RETAINING TO THE CITY A UTILITY
EASEMENT OVER A PORTION OF THE AREA
THEREOF, AS MORE PARTICULARLY DESCRIBED
HEREIN.
WHEREAS, the City of De_kay Beach, had previously adopted Resolution 21-97,
which abandoned the area, subject to the City receiving certain easement deeds; and
WHEREAS, the City never received those easement deeds, thus, in accordance with
the abandormaent resolution, it never became effective; and
WHEREAS, the Owner has now requested that the City abandon this area, with the
City retaining certain easements over the area; and
WHEREAS, said application for abandonment of a general public right-of-way was
processed pursuant to Section 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land
Development Regulations of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public heating on July 15, 1996,
and recommended approval of the abandonment, based upon positive findings with respect to LDR
Section 2.4.6(0)(5), and subject to the condition that a general utility easement be retained over a
portion of the 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(0)(5), but does not abandon and retains and
reserves unto itself a utility easement over a portion of the 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 177.101(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 real property as described as follows:
The East 26 feet of the West 76 feet (area dedicated as additional fight-of-way for
Dixie Highway), less the South 25 feet thereof, Plat of Aiden, according to the Plat
thereof, as recorded in Plat Book 29 at Pages 211 and 212 of the Public Records of
Palm Beach County, Florida.
but does not abandon and retains and reserves unto itself a utility easement over the area as
described in Exhibit "A", (2 pages) attached hereto, 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.
PASSED AND ADOPTED in regular session on this the *day of
,2004.
ATI'EST:
Acting City Clerk
2 KES. NO. 43-04
SKETCH OF DESCRIPTION
EXHIBIT ",4"
50.0' ~_ JO.O',. 50.0'
50.0' ,,zOO' 50.0'
T1-E NORTH 1.7 FEET OF THE FOLLOWING DESCt~ PARCEL:
TIE EAST 26 FEET OF THE WEST 76 FEET, DEDICA TED AS
ADDITIONAL RIGHT OF WA Y FOR DD(E HIGHWA Y, f:~.A T OF ALDEN,
ACCORD~ TO THE PLA T THEREOF, AS RECORDED ~1 PLA T
BOOK £9, PAGES 211 AND 212 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FL ORIOA.
OROER NO. 01-1JJ-E
SHERWOOD PONTIAC
PLAT NO. 1
(PLA T BOOK 84, PACES 61 & 62)
,,__ _
-~0' UT~_ITY EASEMENT
(PLA T BOOK 29, PCS. 211 & 212)
NO TES:
~ = CENTERL~IE
THIS IS NOT A SURVEY
P,~UL D. ENCLEN~. 570
SURVEYOR & ~IAPPER
DA TE: MARCH 17, 2004
O'BRIEN, SUITER & O'BRIEN, /NC
CERTIFICATE OF AUTHORIZATION t~LB353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE: PAUL D. ENGLE
2801 NORTH FEDERAL HIGNHfA Y
DELRA Y BEACH FLORIDA 33483
(561) 276-4501 (561) 732-J279
$0,0'
SKETCH OF DESCRIPTION
EXHIBIT
76.00' EAST
LINE OF
PLA T OF ALDEN
-SOUTH L~E OF
PLA T OF ALDEN
WAY
26.00'
t 76.00' EAST
SOUTH LINE OF
PLA T OF ALDEN
9RDER NO. 01-133"~'"
NO TES:
THIS IS NOT A SURVEY
THE NORTH LiVE OF THE PLA T OF
ALDEN IS ASSUMED TO BEAR EAST
DESCRIPTION:
THE WEST 12 FEET OF THE FOLLOWING
DESCRIBED PARCEL.
THE EAST 26 FEET OF THE WEST 76 FEET
{AREA DEDICA TED AS ADDITIONAL RIGHT OF
WA Y FOR DIXE HtC-HWA Y.), LESS THE SOUTH
25 FEET THEREOF, PLA T OF ADEN,
ACCORDING TO THE PLA T THEREOF AS
RECORDED IN PLA T BOOK 29, PAGES 211
AND 212 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
-EXHIBIT "A "
SHEET I OF I
PAUL O. L-NCLE
SURVEYOR AND MAPPL-~ //5708
DA TE: APRIL 9, 2004
O'BRIEN, SUITER & O'BRIEN, INC
CERTIFICATE OF AUTHORIZATION t/tLB353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE: PAUL D. ENGLE
2601 NORTH FEDERAL HIGHWAY
DELRA Y REACH FLORIDA 3348,3
'$61) 276-4501 (561) 752-5279
Afl-America City
1993
2001
CITY CLERK
CERTIFICATION
561'243 7000
I, CHEVELLE NUBIN, Acting City Clerk of the City of Delray Beach,
do hereby certify that the attached document is a true and correct copy of
Resolution No. 43-04, as the same was passed and adopted by the Delray
Beach City Commission in regular session on the 8th day of June, 2004.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 10th day of June,
2004.
Chevelle Nubin
Acting City Clerk
City of Delray Beach, Florida
THE EFFORT ALWAYS MATTERS
RESOLUTION NO. 43-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF D~J.RAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF DIXIE HIGHWAY RIGHT-
OF-WAY ('ROW) LOCATED JUST NORTH OF FLADFJ,I,'S
WAY, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT
RESERVING AND RETAINING TO THE CITY A UTILITY
EASEMENT OVER A PORTION OF THE AREA
THEREOF, AS MORE PARTICULARLY DESCRIBED
HEREIN.
WHEREAS, the City of Delray Beach, had previously adopted Resolution 21-97,
which abandoned the area, subject to the City receiving certain easement deeds; and
WHEREAS, the City never received those easement deeds, thus, in accordance with
the abandonment resolution, it never became effective; and
WHEREAS, the Owner has now requested that the City abandon this area, with the
City retaining certain easements over the area; and
WHEREAS, said application for abandonment of a general public right-of-way was
processed pursuant to Section 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land
Development Regulations of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on July 15, 1996,
and recommended approval of the abandonment, based upon positive findings with respect to LDR
Section 2.4.6(O)(5), and subject to the condition that a general utility easement be retained over a
portion of the 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(0)(5), but does not abandon and retains and
reserves unto itself a utility easement over a portion of the 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 177.101(5) and Chapter 166 of the Florida
Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all
tight and interest it holds to the real property as described as follows:
The East 26 feet of the West 76 feet (area dedicated as additional right-of-way for
Dixie Highway), less the South 25 feet thereof, Plat of Aiden, according to the Plat
thereof, as recorded in Plat Book 29 at Pages 211 and 212 of the Public Records of
Palm Beach County, Florida.
but does not abandon and retains and reserves unto itself a utility easement over the area as
described in Exhibit "A", (2 pages) attached hereto, 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.
PASSED AND ADOPTED
2004.
in regular session on this the ~'~ay of
ATI'I~ST:
Acting City Clerk
2 RES. NO. 43-04
SKETCH OF DESCRIPTION
EXHIBIT ",4"
50.0'
50.0'
30.0' 50.0'
~ 30.0': 50.0'
THE NORTH lJ FEET OF THE FOLLOWING DES~ PARCEL:
THE EAST 26 FEET 0c THE WEST 76 FEET, DEDtCA TED AS
ADDITIONAL RIGHT OF WA Y FOR ~ HIC. q-IWA Y, PLA T OF ADEN,
ACCORDING TO THE PLA T THEREOF, AS RECORDED IN PLA T
BOOK 29, PAGES 211 AND 212 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLOR/DA.
ORDER NO. 01-1JJ-E
SHERWOOD PONTIAC
PLAT NO. 1
(PLA r BOOK 84, PAGES 61 & 62)
o I r- NORTH LiVE OF PLA T OF ADEN
,. L..6.~ , / {PLAT BOOK 29, PAGES 211 & 212)
Prz oi' t
.... '~- (PLA r BOOK £9, P¢~. 211 & 212)
~ ~ ~. ~ NOTES:
~ = CENTERL~E
THIS IS NOT A SURVEY
P,~UL D. ENGLENd. 570
SURVEYOR & MAPPER
DA TE: MARCH 17, 2004
O'BRIEN, SUITER & O'BRIEN, INC
CERTIFICATE OF AUTHORIZATION tLBJ5J
SURVEYOR ANO MAPPER IN RESPONSIBLE
CHARGE: PAUL D. ENGLE
2601 NORTH FEDERAL HIGHWAY
DELRA Y BEACH FLORIDA 33483
(561) 276-4501 (561) 732-3279
JO.O'
SKETCH OF DESCRIPTION
EXHIBIT **A'
76.00' EAST
LiVE OF
PLA T OF ALDEN
NO TES:
THIS IS NOT A SURVEY
THE NORTH LiVE OF THE PLA T OF
ADEN IS ASSUMED TO BEAR EAST
DESCRIP DON:
THE WEST 12 FEET OF THE FOLLOWING
DESCRIBED PARCEL.
THE EAST 26 FEET OF THE WEST 76 FEET
(AREA DEDICA TED AS ADDITIONAL RIGHT OF
WA Y FOR D!XE HIGHWAY), LESS THE SOUTH
25 FEET THEREOF, PLA T OF ADEN,
ACCORDING TO THE PLA T THEREOF AS
RECORDED IN PLA T BOOK 29, PAGES 211
AND 212 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FL ORIDA.
EXHIBIT "A "
SHEET I OF I
WAY
26.00'
t 76.00' EAST
SOUTH LiVE OF
PLA T OF ADEN
ORDER NO. 01-1J.3"C/~""'
-SOUTH LINE OF
PLA T OF ALDEN
PAUL D. ENGLE
SURVEYOR AND MAPPL~R ~5708
DA TE: APRIL 9,, 2004
O'BRIEN, SUITER & O'BRIEN, INC
CERTIFICATE OF AUTHORIZATION //LBJ5J
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE: PAUL D. ENGLE
2601 NORTH FEDERAL HIGHH/A Y
DELRA Y BEACH FLORIDA 3,3483
'561) 276-4501 (561) 752-5279
rlTY OF DELRflY BEI:IrH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH
Writer's Direct Line: 561/243-7091
MEMORANDUM
DATE: May 25, 2004
TO:
FROM:
City Commission
David Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Abandonment Resolution 43-04 (Morse KIA Automotive)
On Mamh 18, 1997 the Commission adopted Resolution 21-97 that provided for
the abandonment of a 26' strip of additional right-of-way adjacent to Dixie Highway
and just north of Fladell Way. The abandonment was conditioned upon the
applicant providing easement deeds over the abandoned area for public utilities.
The applicant never provided these easement deeds, thus, the abandonment has
not occurred. The applicant now wishes to conclude the abandonment, but, due to
the length of time that has passed since Resolution 21-97 was adopted the
applicant has requested that the City adopt a new resolution and provide for the
easement area in the resolution so there will not be a question as to whether an
easement was provided.
The proposed resolution abandons the 26' strip of land adjacent to Dixie Highway
and just north of Fladell Way. The City shall retain an easement over a portion of
the abandoned area for utility purposes.
Our office requests that this item be placed on the June 8, 2004 City Commission
agenda. Please call if you have any questions.
Attachment
CC:
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
Roger Saberson, Esq.
RESOLUTION NO. 43-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF DIXIE HIGHWAY RIGHT-
OF-WAY (ROW) LOCATED JUST NORTH OF FLADELL'S
WAY, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT
RESERVING AND RETAINING TO THE CITY A UTILITY
EASEMENT OVER A PORTION OF THE AREA
THEREOF, AS MORE PARTICULARLY DESCRIBED
HEREIN.
WHEREAS, the City of Delray Beach, had previously adopted Resolution 21-97,
which abandoned the area, subject to the City receiving certain easement deeds; and
WHEREAS, the City never received those easement deeds, thus, in accordance with
the abandonment resolution, it never became effective; and
WHEREAS, the Owner has now requested that the City abandon this area, with the
City retaining certain easements over the area; and
WHEREAS, said application for abandonment of a general public fight-of-way was
processed pursuant to Section 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land
Development Regulations of the City of Dekay Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(O)(5)(e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on July 15, 1996,
and recommended approval of the abandonment, based upon positive findings with respect to LDR
Section 2.4.6(O)(5), and subject to the condition that a general utility easement be retained over a
portion of the 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(O)(5), but does not abandon and retains and
reserves unto itself a utility easement over a portion of the 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 FOI .I.OWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
Resolution No. 43-04
Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all
right and interest it holds to the real property as described as follows:
The East 26 feet of the West 76 feet (area dedicated as additional right-of-way for
Dixie Highway), less the South 25 feet thereof, Plat of Alden, according to the Plat
thereof, as recorded in Plat Book 29 at Pages 211 and 212 of the Public Records of
Palm Beach County, Florida.
but does not abandon and retains and reserves unto itself a utility easement over the area as
described in Exhibit "A", (2 pages) attached hereto, for the purpose of emergency access and
constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers,
drainage facili6es, or any other facilities used for various public utilities whether owned by the City
or private corporations.
PASSED AND ADOPTED in regular session on this the __ day of
., 2004.
MAYOR
ATI'EST:
City Clerk
Resolution No. 43-04
SKETCH OF DESCRIPTION
EXHIBIT "A "
50.0·
30.0'
50.0'
50.0' ,30.0' 50.0'
THE NORTH 1.3 FEET OF THE FOLLOWING DESCRIBED PARCEL:
THE EAST 26 FEET OF THE WEST 76 FEET, DEDICA TED AS
ADDITIONAL RIGHT OF WA Y FOR DIXE hCC. HWA Y, PLA T OF ADEN,
ACCORD~IG TO THE PLA T THEREOF, AS RECORDED ~V PLA T
BOOK 29, PAGES 211 AND 212 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FL O~ RIDA.
"1
ORDER NO. 01-155-E
SHERWOOD PONTIAC
PLAT NO. 1
(PLA T BOOK 84, PAGES 61 & 62)
r- NORTH LINE OF PLA T OF ALDEN
.....
· UTILITY EASEMENT
- (PLA T BOOK 29, PGS. 211 & 2~2)
NO TES:
~ = CENTERL~!E
THIS IS NOT A SURVEY
P~UL ~. E~-tE
SURVEYOR & MAPPER N~. 5708
DA TE: MARCH 17, 2004,
O'BRIEN, SUITER & O'BRIEN, INC
CERTIFICATE OF AUTHORIZATION t~LB$55
I
SURVEYOR AND MAPPER IN RESPONSIBLE!
CHARGE: PAUL O. ENGLE I
2601 NORTH FEDERAL HIGHWAY I
OELRAY BEACH FLORIDA 33483 I
(561) 276-4501 (561) 732-3279 I
!
SKETCH OF DESCRIPTION
30.0' 76.00' EAST
WAY
26. 00'
t 76.00' EAST
SOUTH LINE OF
PLA T OF ADEN
OF
PLA T OF ALDEN
· SOUTH L~E OF
PLA T OF ALDEN
ORDER NO. 01-1.3.3"U~'~'
NO TES:
THIS G NOT A SURVEY
THE NORTH LICE OF THE PLA T OF
ALDEN IS ASSUMED TO BEAR EAST
DESCR~P TION:
THE WEST 12 FEET OF THE FOLLOWING
DESCRIBED PARCEL.
TIlE EAST 26 FEET OF THE WEST 76 FEET
(AREA DEDICA TED AS ADDITIONAL RIGHT OF
WA Y FOR DIXE HIGHWAY.), LESS THE SOUTH
25 FEET THEREOF, PLA T OF ALDEN,
ACCORDING TO THE PLA T THEREOF AS
RECORDED IN PLA T BOOK 29, PAGES 211
AND 212 OF THE PUBL,~ RECORDS OF PALM
BEACH COUNTY, FLORIDA.
EXHIBIT "A"
SHEET 1OF I
PAUL D. ENG/_E '~j r
SURVEYOR AND MAPPER ~5708
DA TE: APRIL 9, 2004
O'BRIEN, SUITER & O'BRIEN, /NC
CERTIFICATE OF AUTHORIZATION 1~LB.35.3
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE: PAUL D. ENG'LE
250~ NORTH FEDERAL HIGBWA Y
DELRA Y BEACH FLORIDA .35485
(560 276-4501 (561.) 7.32-.3279