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Res 26-11Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: June 27, 2011 Page 1 of 2 SUBJECT: AGENDA ITEM 8. B. -.RF,GUL,~R COMMISSION MEETING OF JULY 5, 2011 RESOLUTION NO. 26-11/ABANDONMENT OF SIDEWALK EASEMF,NT/HYATT PLACE ITEM BEFORE COMMISSION The request involves the abandonment of a 5' x 55' sidewalk easement located on the property at 115 NE 1st Street, within Lot 8, Block 75, Town of Linton, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. BACKGROUND The subject property, located on the north side of NE 1st Street, is currently undeveloped. The sidewalk easement was dedicated by an Easement Deed (ORB 2138, Page 740), recorded on March 28, 1973. The property is being re-platted to accommodate Hyatt Place, a new hotel and office development. The existing easement is part of a dedication of additional right-of--way for NE 1st Street on the plat. A new 5' sidewalk easement is also being dedicated just north of the right-of--way with the plat. Since the existing sidewalk easement will no longer be needed, it is being abandoned. REVIEW 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. Since this is a sidewalk easement, no review by Florida Power & Light (FPL), Comcast Cable, Florida Public Utilities Company, or AT&T is required. The City's Environmental Services Department has reviewed the request and has no objection to the abandonment. Since no utilities are located within the easement, the abandonment will not be detrimental to the provision of utility services, and a positive finding pursuant to LDR Section 2.4.6(N)(5) can be made. RECOMMENDATION http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4597&MeetingID=322 7/5/2011 Coversheet Page 2 of 2 By motion, approve Resolution No. 26-11 to abandon a 5' x 55' sidewalk easement dedicated via Easement Deed in OR Book 2138, Page 740, of the Public Records of Palm Beach County, Florida, located at 115 NE 1st Street; and finding that the 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://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4597&MeetingID=322 7/5/2011 RESOLUTION NO. 26-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A SIDEWALK EASEMENT DEDICATED BY AN EASEMENT DEED RECORDED IN O.R.B. 2138, PAGE 740, AS MORE FULLY DESCRIBED IN EXHIBIT ~~A". WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a sidewalk easement dedicated by easement deed, as recorded in Official Records Book 2138, Page 740 of the Public Records of Palm Beach County, Florida, as more particularly described in Exhibit "A"; said easement being located on the property at 115 NE 1" Street, within Lot 8, Block 75,Town of Linton, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; 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 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 of_ , 2011. MAYOR ATTEST: City Clerk 2 RES. NO. 26-11 SKETCH & DESCRIPTION SIDEWALK EASEPVIEIdT O.R.B. 2138, PG. 740, P.B.C.R. TO BE ABANDONED EXHIBIT "A" LAND DESCRIPTION: The South 5 feet of the East 55 feet of Lot 8, Block 75, MAP OF THE TOWN OF LINTON, FLORIDA according to the Plat thereof, as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. Said lands lying and situate in the City of Delray Beach, Palm Beach County, Florida containing 275 square feet more or less, SURVEYOR'S REPORT: 1, Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Bearings shown hereon are based on the south line of Lot 8, Block 75 having a bearing of N89'07'51"W. 5. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 6. Abbreviation Legend: L.B. =Licensed Business; O.R.B. =Official Records Book; P =Per Plat; P.B. =Plat Book; P.B,C.R. =Palm Beach County Records; PG. =Page; P.L.S. =Professional Land Surveyor; R/W =Right-of-Way. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Minimum Technical Standards set forth in Chapter 5J-17.05, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Date: ----~~ ~ ~ ~/ ------ L`~ ----------u --------------- JOHN T. DOOGAN, P.L.S. Florida Registration No. 4409 AVIROM & ASSOCIATES, INC. L.B. No. 3300 REVISIONS AV/ROM & ASSOCIATES, INC. JoB #: _ 8795 S&D ~oe~ ~ nsso~Ya SURVEYING & MAPPING SCALE: 1" = 20' 50 S.W. 2ND AVENUE, SUITE 102 DATE: 0 611 5/20 1 1 ~ BOCA RATON, FLORIDA 33432 BY: S.A.M. TEL. (561J 392-2594, FAX (561) 3947125 www.AVIROM-SURVEY.com CHECKED: J.T.D. Fyl~eC/SHED ~y~ ©2011 AVlROM 8 ASSOCIATES, INC. a!I rlghls reserved. F.B. ------- PG. --- _.. _ ~_ ~ Thls sketch Is fhe props of AVIROM 8 ASSOCIATES, INC. and should not be reproduced or coped wifhotrt written permisslon. SHEET ~ DF 2 SKETCH & DESCRIPTION SSDEINAL~C EASEMENT O.R.B. 2138, PG. 740, P.B.C.R. TO BE ABANDONED 20 0 20 40 GRAPHIC SCALE IN FEET SCALE: 1" = 20' I~ ~- -- -- - 1 _ -i I W ^~ ' J ' q L I~1 ~ I ! > `~ ~ I Q ~ 0 1 I~ 1 F-• `~ ~ I LOT 8, BLOCK 75 w;Y r ~ ~ ~ MAP OF THE TOWN OF LINTON, FLORIDA z o '-`' ~ J ~ ~ (P. B. 1, PG. 3, P. B. C. R.) N Im Z ~ ~ I w ~ °° in ~- ' EAST 55' _ ~ w ;~ LOT 8, BLOCK 75 ~ ~ ~!- ~. ~ ~ SOUTH 5' I o 'oU o j LOT 8, BLOCK 75 ~ o 0 o ' z ~ ' S89'07'51 "E 55.01' N ~ __ SOUTH LINE ~_ LOT 8, BLOCK 75 N$9'07'S1 "W 55.01 (BEARING BASE) 5' SIDEWALK EASEMENT (O.R.B. 2138, PG. 740, P.B.C.R.) z N.E. 1ST STREET MILLER STREET (P) 50' RIGHT-OF-WAY R>=VISIOPlS AV/ROM $ ASSOCIATES, INC. Joe #: 8795_S&D ~o~, & assoo~~ SURVEYING & MAPPING SCALE; 1' = 20' 'ice' S0 S.W. 2ND AVENUE, SUITE 102 DATE: 0611512011 ~ 90CA RATON, FLORIDA 33432 BY: S.A.M. TEL. (561) 392-2594, FAX (561) 3947125 O .AVIROM-SURVEY.com CHECKED: J.T.D. -'-'-'~`~ ~sT'~BUSHED y991 c 2077 AVlROM 8 ASSrrOryNCIATES, INC. all rights reserved. F.B. --- PG.----- 8nd shou d not 6ePeproducetl o~cRap Bd wRhS°uCf wrttfen perNmClsslon. SHEET 2 OF 2 s ~~ dal"A'f"~ of F'LL~F21~,~•~ ;, ~ ;~~t'.\~~^' 00f'UMf~dTl!.RY= • ` UOCUMEAIfARY~ '^~,S~Arni, TAX ~ •~„`_ N ~d {{~i~ FLUR{QA Su~ ~nX + %o' ' ` O[PT of NEVE~~UE,~~' ''•i ' w.. 1~21;•/~__ _ .. n u ~ _ 1!A '-' NAA2Y'17 ~;.~~~~ ~ 0 0. 3 0 i ~ti~ ~~ Y^H. ptA26•n `-~ 0 0. 5 5~ - N - s.. L -~ _ ifYWYI~IOJ:1 ~` °- T SIDEWALK EASEMENT N ' ~' 32528 ~)c.`~`'; ;, ~~ THIS EASEMENT made and executed this the 19th day of ~,, •'. ••ti ~@`~ 973 by JACK ROOBR3 and SFO-RON J. ROdERS, his wife, .LY Y ~':• .• her~iJri~er called the 6rantore, to CITY OF DELRAY BEACH, a t' / p f ~ C Y. y}~~ ~, '. muni ~.pbrY cozporation in Palm Beach county, Florida, with its s `~~ ~ :i. permane`ti~~~addrese being 100 N.W. Let Avenue, Delray Beaeh, Florida, S ~ '~ r 33444, he ter called the Grantee, ~`Y v ~ , _~ ;l~ v~' ' ~ p •.. WI TNE$1I~?~3BTH TIiAT i The Grar~£~r~ have for and in consideration of the sum of \r '. =;~ One Dollar and o~hex`,~luable considerations, the receipt of which is hereby ackAowle~dged, and by these presents do grant, ~~J ) bargain, sell, alien~`L~etnise, release, convey and confirm unto t1 the Grantee a permanent e~~ment over the u a ~ =„ aeA South 5 ~ ~~lof the Eaet 55 f®et of ~, Lota 7 an y;~Block 75, per Plat N Hook 1, pa Public Records of ~ Palm Beach ~fn ~ }~ Florida, 4 o which easement is granted for ,!!p~,~oae of enabling the Grantee ~' ~ ~a0 to construct and maintain thereori~~~blic sidewalk. u ~~ (~ , w 5~ IN WITNESS WHERBOF the Granto~~Itt ~ caused these presents ~s, .4 ~ to bo executed in their names the day an$~~ear just above written. aY +~ v p,'~ M WITN$SSEB s BY s ~ ~ f ~~ ~ , al,~ 3 0 ~~c~L C ~~L f6v BY Y ~ ~ w SHARON J. ROG 9 d.J w ~~ y, ~ vSTATE OF FLORIDA H -+ mCOUNTY OF PALM BEACH •~,a ~, I HEREBY CERTIFY that on this day, before me, an officer duly yin the State and County aforesaid to take acknowledgments, persQ eared JACK ROGER5 AND SHERON J. Rogers, his wife, well known ~} H ~ the peraonea named in the foregoing Sidewalk Basement, and thati.' knowledged executing the same in the presence of two subacrib~n.g WITNESS hand and official seal in the Coy7nty and State ~,' this day oP March, 1973. 1 ~Z ~~°i14_:% raaa~• N6tary Publio, State "b~~N A~'w ~~~ ~,/ at large. ' UU r~~rr~~ ` } pAM~ ~y,iw NnGry PcSfK, Sblt of Fferidi of l~r4e KCA:/G13V Plt~ ~7~~~ pM~ ~YYI~ UY lt~b~issia! EsYVS.s .Sr;. 21• t4)3 ,y1 ~ µaa It a~ ~r 1 GwaA, t~ y oomm as on exp re .:'•'.~ a CITY ATTORNEY BUILDING ,RTIN LUTHER CI T Y HALL COMMUNITY CENTER TENNIS L STADIUM A T L A N T In C SOUTH ~ I I COUNTY 1L_JJ COURT a~~< HOUSE o z N S. W. N.E. 3RD nR N.E. 2ND ST. - w vi FIDELITY FEDERAL 11 BANK .' '° N SUBJECT PROPERTY HYATT PLACE ~. -- ,,~~,~,,~,~,~, -~ PLANNING AND ZONING DEPARTMENT D AT PINEAPPLE GROVE LOCATION MAP -- DA;/TAL Q45E A[4P SYSTEM -- MAP REF: S:\Plonninq do Zoning\DBMS\File-Cob\Z-lM 1001-1500\1A11248_Flyott Plots at Pineopple Grove F-- w z r. -- 3 > _ - Q tr w 0 w w ?~~n~ A V E N U E ~z