Res 87-02RESOLUTION NO. 87-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A 6-FOOT WIDE UTILITY EASEMENT
LYING WITHIN A PORTION OF LOT 8 AND LOT 35,
BLOCK 2, PLAT 1 OF 2, SOUTHRIDGE (PB 13, PG 38), AS
MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a 6 foot wide utility easement lying within a portion of Lot 8 and Lot 35, Block
2, Plat 1 of 2, Southridge (PB 13, PG 38), as more particularly described herein; said Southridge
subdivision being located on the north side of Southridge Road, approximately 60 feet west of
Swinton Avenue; and
WHEREAS, the application for abandonment of said easement was processed
pursuant to Section 2.4.6(P), "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(P)(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(P)(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 FOIJ.OWS:
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:
THE SOUTH 3 FEET OF LOT 8 AND THE NORTH 3 FEET OF LOT
35, BLOCK 2, PLAT 1 OF 2, SOUTHRIDGE, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGE 38 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
2002.
PASSED AND ADOPTED in regular session on this the ff day of November,
ATTEST:
City Clerk
MAYOR
2 RES. NO. 87-02
DELRAY BEACH
AII-AmedcaCity
1993
2001
CITY CLERK
100 N.W, 1st AVENUE
CERTIFICATION
DELRAY BEACH, FLORIDA 33444 561/243-7000
I, BARBARA GARITO, City Clerk of the City of Delray Beach, do
hereby certify that the attached document is a true and correct copy of
Resolution No. 87'02, as the same was passed and adopted by the Delray
Beach City Commission in regular session on the 5th of November, 2002.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 7th day of
November, 2002.
Barbara Garito
City Clerk
City of Delray Beach, Florida
(SEAL)
THE EFFORT ALWAYS MATTERS
Pnnted on Recycled Paper
TO:
THRU'
FROM:
SUBJECT:
CITY COMMISSION DOCUMENTATION
DAVID T. HARDEN, CITY MANAGER~ ~ ~,~~,
PAUL DORLING, DIRECTOR OF PLANNING AND Z(~NING
NGUYEN TRAN, SENIOR PLANNER
.
MEETING OF NOVEMBER .5, 2002 GENDA*'
ABANDONMENT OF A PORTION OF A 6' WIDE UTILITY EASEMENT
LYING WITHIN LOT 8 AND LOT 35, BLOCK 2 OF SOUTHRIDGE.
BACKGROUND
,,I
The request involves abandoning a portion of a 6-foot wide utility easement lying within the
south 3 feet of Lot 8 and the north 3 feet of lot 35, Block 2 of Southridge Subdivision and
replacing it with a 10-foot wide utility easement to be located along the west side of Lot 35; the
front of Lots 35-40; and the east side of Lot 40, Block 2, Southridge Subdivision. The utility
easement was created with the recordation of Plat 1 of 2, Southridge (PB 13, PG 38) in
December of 1925.
Currently, the property consists of a one and two-story building, paved parking area and
associated office trailer. The applicant is proposing to construct additional buildings which will
be used as a transitional housing facility. The proposed facility will be constructed across the
existing easement area. The applicant will dedicate a replacement easement by "Easement
Deed", which will be recorded concurrently with the abandonment resolution. (See Attachment)
Pursuant to LDR Section 2.4.6 (P) (5) the following finding must be made prior the City
Commission granting an abandonment: The abandonment will not result in the detriment for the
provision of utility services to the adjacent properties or the general area.
All utilities currently located within this easement area will be relocated to a newly dedicated
easement area at the expense of the applicant; therefore, the provision of utility services to
adjacent properties or the general area should not be affected.
Florida Power & Light identified overhead lines; Adelphia identified an aerial cable and
BellSouth identified a 200 pair aerial cable within the abandonment area. Florida Power & Light,
Adelphia, and BellSouth stated that they have no objection to the proposed abandonment as
long as a new easement area is dedicated, recorded and all costs associated with the relocation
of existing facilities is paid for by the applicant.
The City's Environmental Services Department (water & sewer service) and Florida Public
Utilities (Gas) have reviewed the request, and have no objection to the abandonment.
RECOMMENDED ACTION
By motion, approve the abandonment of a portion of a 6-foot wide utility easement lying within
the south 3 feet of Lot 8 and the north 3 feet of Lot 35, Block 2, Plat '1 of 2, Southridge; and
accept a 10-foot wide utility easement to be located along the west side of Lot 35, the front of
Lots 35-40; and the east side of Lot 40, Block 2, Plat 1 of 2, Southridge, based upon positive
findings with respect to LDR Section 2.4.6(P)(5)
Attachments: · Abandonment Resolubon
· Location Map
· Survey and Legal Description of Area to be Abandoned
· Easement Deed
RESOLUTION NO. 87-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A 6-FOOT WIDE UTILITY EASEMENT LYING
WITHIN A PORTION OF LOT 8 AND LOT 35, BLOCK 2, PLAT 1
OF 2, SOUTHRIDGE (PB 13, PG 38), AS MORE PARTICULARLY
DESCRIBED HEREIN.
WHEREAS, the City of Dekay Beach, Florida, received an application for abandonment
of a 6 foot wide utility easement lying within a portion of Lot 8 and Lot 35, Block 2, Plat 1 of 2,
Southridge (PB 13, PG 38), as more particularly described herein; said Southridge subdivision being
located on the north side of Southndge Road, approxtmately 60 feet west of Swinton Avenue; and
WHEREAS, the application for abandonment of said easement was processed pursuant to
Section 2.4.6(P), "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(P)(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(P)(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 m 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 ~s
hereby determined to vacate and abandon all right and interest it holds to the following real property,
more particularly described as follows:
THE SOUTH 3 FEET OF LOT 8 AND THE NORTH 3 FEET OF LOT 35,
BLOCK 2, PLAT 1 OF 2, SOUTHRIDGE, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 13, PAGE 38 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
PASSED AND ADOPTED in regular session on this the __
day of
2OO2.
ATTEST:
MAYOR
city Clerk
PL4TR b
AVENUE
____ ___S TE R LI N____G__~**~i A V~ N U____E ~ ~f~Z~Z~_~
I CITY OF DELP~AY BEACH
ZONI!~~TMENT
-- ABANDONMENT OF EASEMENT --
SOUTHRIDGE PLAT # 1
-- DIGff.4L ~,4S£ M.4P SYSTEM -- MAP REF LM652
__%.
,0
30N3A V Hi ~ 'A~'$_~__[~~
200 N.W. 1st Avcuue
Defray BeacK Florida 33~4
EASEMENT DEED
~1~ ]__0.~'.O~./$J$ g)~. ~r~cd~th a mailing address of~.~c,e/;&7, ~efra~4t~'utk.~ ~4_&~_, party
ofth~ first part, and the CITY OF I}KLRAY BEACH: w~h a mailingt addres's of 100 N W. 1st
Avenue, Delray Beach, Florida 334~4, a municipal eorpora~:ion in Palm Beach Count~', State of
Florida, party of the second part:
WITNESSETH. That the party of the firsl part, for and in consideration of the mutual
promises herein comained and other good and valuable considerations, does hereby gram,
bargain, sell and release unto the party of the second part, irs successors and assigns, a right of
way and perpetual easement for the purpose of the construction and maintenance of pubhe
utilities ~4th full and free fight, liberty, and authority to enter upon and to install, operate, and
maintain such ufilitigs well under, across, through and upon, over, under or within the following
deseffoed property locateaJ in Palm Beach County, Florida. to-wit'
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this fight is the further figh*~ in the party of the second
party., its successors and assigns, of ingress and egress over and on that portion of land described
above, to effect the purposes of the easement, as expressed here~nm%r.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party, of the first part agrees to provide for the release or subordination &any
and all mortgages or liens encumbering this easement. The party of the first pm~t also agrees to
erect no building or effect any other kind of construction or improvements upon the above-
described property
It is understood that upon completion of such construction, all lands disturbed thereby as a
result of such construction performed thereon, will be restored to its original or like eonditaon
without expense to the property owner
PaTty of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good fight and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. V~ere the context of this Easement Deed allows or
permits~ the same shall include the successors or assigns of the parties.
IN WITNESS WHEKEOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
~,SS # 1:
(name printed or typed)
(~e printed or ~d)
PARTY OF THE FIRST PART
STATE OF ~7_Of.~&,q
The fort~oing instrur~ent ,was .a,~c~nowle0ged before me this ~ day of
~co~:~ ,200~A by ~~1. 0 ~~ (~e of o~cer or agent), of
~'~ .~ ~i~F~~ ~k~Cg~ (n~e of ~ration). a ~~ (S~te or plac~ of
inco~rati~) ~ratio~ on ~alf of the oo~omti~ He~S~
h~ produced l.t~e of ideal, cation) as id~fificmtion ~d digdid not
take ~ oatk _
~~c~on ~,~l~ Si~ure ofNoi~ ~blic -
for c~, & msat
SKETCH
OF
DESCRIPTION
NORTH LINE LOTS 55-40
~soUTH .INE
LOTS 55-40
SOU THR I DGE? tOAD-
NO TES:
DESCRIPTION:
A 10 UTILITY EASEMENT BEING A PORTION OF
L 0 TS J5 THROUGH 40, INCLUSIVE, BLOCK 2,
PLA T I OF 2, SOUTHRIDGE, ACCORDING TO THE
PLA T THEREOF AS RECORDED IN PLA T BOOK
15, PAGE 58, PUBLIC RECORDS OF PLAM BEACH
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
THE WEST 10 FEET OF LOT 35, LESS THE SOUTH
10 FEET THEREOF; THE SOUTH 10 FEET OF LOTS
J5 THROUGH 40, INCLUSIVE, AND THE EAST 10
FEET OF LOT 40, LESS THE SOUTH 10 FEET
THEREOF, BLOCK 2, PLA T I OF 2, SOUTHRIOGE,
ACCORDING TO THE PLA T THEREOF AS RECORDED
IN PLA T BOOK 13, PAGE 38, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
ORDER NO. 78-$02"EA"
THIS IS NOT A SURVEY
~ = CENTERLINE
EXHIBIT "A "
SHEET I OF 1
DATE: SEPT. 25, 2002
O'BRIEN, SUITER & O'BRIEN, INC
CERTIFICATE OF AUTHORIZATION t~LB$55
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE: PAUL D. ENGLE
2601 NORTH FEDERAL HIGHWAY
DELRA Y BEACH FLORIDA JJ4a$
(561) 276-4501 (561) 7..72-.7279