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Res 53-11Return to: (enclose self-addressed stamped envelope) Name: Address: .-r :r 'j-' ~ 1IIInimllfllf1111' III ~ IIIII 11111 ~IIIIIIIIIIIIII CFN 20120044325 OR BK 24994 PG 1046 RECORDED 02/03/2012 08:53:16 Palm Beach County, Florida Sharon R. Bock,CLERK &CO"PTROLLER Pgs 1046 -1050; (5pgs) ~-tlTY OF DELRAY BEAtH :\ DELRAY BEACH DELRAY BEACH, FLORIDA 33444 • 561/243·7000cD bed CITY CLERK •100 N.W.1st AVENUEl' All-AmericaCity .~ 11111! 1~~~ C E R T I FIe A T ION 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. 53-11, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 15th day of November, 2011. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 4th day of January, 2012. IV? cl~cb. :lio.Jw... Lanelda D. Gaskins, CMC Deputy City Clerk City of Delray Beach, Florida ~ ~ ~ ~ ~ SERVICE· PERFORMANCE· INTEGRITY • RESPONSIBLE • INNOVATIVE • TEAMWORK RESOLUTION NO. 53..,11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT DEDICATED BY AN EASEMENT DEED RECORDED IN O.R.B.9764, PAGE 1355, AS MORE FULLY DESCRIBED IN EXHIBIT "A". WHEREAS, the City of Delray Beach, Florida! received an application for abandonment of a utility easement dedicated by easement deed. as recorded in Official Records Book 9764! Page 1355 of the Public Records of Palm Beach Coun'Yt Florida, as more particularly described in Exhibit "p.:'; said easement Jying within the Plat of Mldto'Wl1 Delray, as recorded in Plat Book Ill, Pages 87 through 90 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 ll)ore particularly deScribed in Exhlbit "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 hei'ein 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 follmvlng real property! more particularly described as follows: See Exhibit "A" PASSED AND ADOPTED in regular session on this the 1 day of ATTEST: ' '\ ~ . _, ~ OtyOerk __...._..l....~.'!L.~c:.......... 2 RES. NO. 53-11 --------------------THIS IS NOT A BOUNDARY SURVEY EXHIBIT "Au LEGAL DESCRIPTION :":==:;;;;'0i'_';,,.. -~i~~~~~fr1~i~~%%~~~i~~L~~~~~1A~~~~~D=~~~~:~~~ ..§.:-§§:t~.."c=§.:::: RECORDED IN PLAT BOOK 111, PAGES 87 THROUGH 90, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAl D EASEMENT BEl NG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OFSA!D PLAT OF MIDTOWN DELRAY; THENCE N 01°30'15" W ALONG THE EAST LINE OF SAID MIDTOWN DELRAY,A DISTANCE OF 191.12 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 380,QO FEET AND A CENTRAL ANGLE OF 10°11'43"; THENCE NORTHERLY ALONG SAID EAST LINE, A DISTANCE OF 67.62 FEET TO THE POINT OF BEGINNING; THENCE N 01°30'15" W, A DISTANCE OF 40.67 FEET; THENCE N 46°44'42" W, A DISTANCE OF 71.39 FEET; THENCE N 01°44'42" W,A DISTANCE OF 69.00 FEET TO REFERENCE POINT "A"; THENCE CONTINUE N 01°44'42" W, A DISTANCE OF 11.00 FEET TO THE POINT OF TERMINUS "A", THENCE FROM THE AFOREMENTIONED REFERENCE POINT fiN, N 88°38'00" E, A DISTANCE OF 11.00 FEET TO THE POINT OF TERMINUS "B". THE SIDELINES OF SAID EASEMENT TO BE LENGTHENED OR SHORTENED TO INTERSECT SAID EAST LINE OF MIDTOWN DELRAY. SURVEYORS NOTES 1. NO SEARCH OF THE PUBLIC RECORDS WAS MADE BY THIS OFFICE. 2. NO BELOW GROUND UTILITIES OR SUB-SURFACE ENCROACHMENTS WERE LOCATED BY THIS OFFICE. 3. BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF MIDTOWN DELRAY AS RECORDED IN PLAT BOOK 111, PAGES 87 AND 90, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, HAVING A PLATTED BEARING OF N 01°30'15" W. UNLESS THIS DOCUMENT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED. SURVEYOR AND MAPPER,THIS DRAWING, SKETCH. PLAT OR MAP IS FeR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. " . LEGEND D.E. =: DRAINAGE EASEMENT :::G.U.E. GENERAL UTILITY EASEMENT ORB, = OFFICIAL RECORD BOOK :::P.B. PLAT BOOK P.O.B. :: POINT OF BEGINNING :::P.O.C. POINT OF COMMENCEMENT L =: ARC LENGTH R :: RADIUS ': ::: ::: II /J. CENTRAL (DELTA) ANGLE <t CENTERLINE --. _.LESLIE ,C. B1SPOTI PROFESSIONAL SURVEYOR AND MAPPER FLOfHDA CER'fIFiCATE NUMBER 5698 MICHAEL B. SCHORAH & ASSOCIATES, INC. 18150 FOREST HILL flLVO., SUiTe 206 WEST PALM BEACH, FLORIDA 33406 TeL. (581) 958-0080 FAX. (561) 642·972611= m:LO 800)( SCALE SHEET NO. 1" = 40' rlEU> CHECKED J.T.G. r:,P:;:AG:::-E=-=---+::=::;-----1 1~~_---<CADD FILE DATE=111 LB /I 2438 fILE NO. 1518 DRAWN L.e,s. 1518 12UE OCT. 2011 PROJECT: SKETCH AND DESCRIPTION 12' WIDE UTILITY EASEMENT 2 MIDTOWN DELRAY I EXHIBJT "A"THIS IS NOT A BOUNDARY SURVEY 1",vv /TERMINUS ~ ---EASEkNT TO BE ABANDONED (CREATED O.R.B. 9764. PAGE 1355)/P.q.B. " L=67.62' R=380.00· 6.= 10"11 •43" I E. LINE MIDTOWN DELRAY P.O.C. SE CORNER MIDTOWN DELRAY P.B. 111, 87-90 .. MICHAEL B. SCHORAH & ASSOCIATES, INC.LEGEND 1850 FOREST HI1.1. 6L VO., SUITE 206 DE ::: WEST PALM BEACH. FLORIDA 33406 DRAINAGE EASEMENT TEL. (561) 968-0080 fAX. (561) 642-9726 G.U.E. == GENERAL UTILITY EASEMENT FIELD BOOK SCALE SHEET NO.O.R.B. :::: OFFICIAL RECORD BOOK FIELD 1" '=' 40'P.B. PLAT BOOK'" CHECKED J.T.G. ~~~-...f...:.,=----l:::P.O.B. POINT OF BEGINNING 1RAWN CADD FILE DATEP.O.C. == POINT OF COMMENCEMENT L.e.s. 1518_12UE OCT., .2011 2L ::: ARCLENGTH PROJECT:R ::: RADIUS SKETCH AND DESCRIPTION LB # 2438A ::: CENTRAL (DELTA) ANGLE 12' WIDE UTILITY EASEMENT FILE NO.<t = CENTERLINE 1518MIDTOWN DELRAY RESOLUTION NO. 53..,11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT DEDICATED BY AN EASEMENT DEED RECORDED IN O.R.B.9764, PAGE 1355, AS MORE FULLY DESCRIBED IN EXHIBIT "A". WHEREAS, the City of Delray Beach, Florida! received an application for abandonment of a utility easement dedicated by easement deed. as recorded in Official Records Book 9764! Page 1355 of the Public Records of Palm Beach Coun'Yt Florida, as more particularly described in Exhibit "p.:'; said easement Jying within the Plat of Mldto'Wl1 Delray, as recorded in Plat Book Ill, Pages 87 through 90 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 ll)ore particularly deScribed in E xhlbit "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 hei'ein 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 follmvlng real property! more particularly described as follows: See Exhibit "A" PASSED AND ADOPTED in regular session on this the 1 day of ATTEST: ' '\ ~ . _, ~ OtyOerk __...._..l....~.'!L.~c:.......... 2 RES. NO. 53-11 -------------------- THIS IS NOT A BOUNDARY SURVEY EXHIBIT "Au LEGAL DESCRIPTION :":==:;;;;'0i'_';,,.. -~i~~~~~fr1~i~~%%~~~i~~L~~~~~1A~~~~~D=~~~~:~~~ ..§.:-§§:t~.."c=§.:::: RECORDED IN PLAT BOOK 111, PAGES 87 THROUGH 90, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAl D EASEMENT BEl NG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OFSA!D PLAT OF MIDTOWN DELRAY; THENCE N 01°30'15" W ALONG THE EAST LINE OF SAID MIDTOWN DELRAY,A DISTANCE OF 191.12 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 380,QO FEET AND A CENTRAL ANGLE OF 10°11'43"; THENCE NORTHERLY ALONG SAID EAST LINE, A DISTANCE OF 67.62 FEET TO THE POINT OF BEGINNING; THENCE N 01°30'15" W, A DISTANCE OF 40.67 FEET; THENCE N 46°44'42" W, A DISTANCE OF 71.39 FEET; THENCE N 01°44'42" W,A DISTANCE OF 69.00 FEET TO REFERENCE POINT "A"; THENCE CONTINUE N 01°44'42" W, A DISTANCE OF 11.00 FEET TO THE POINT OF TERMINUS "A", THENCE FROM THE AFOREMENTIONED REFERENCE POINT fiN, N 88°38'00" E, A DISTANCE OF 11.00 FEET TO THE POINT OF TERMINUS "B". THE SIDELINES OF SAID EASEMENT TO BE LENGTHENED OR SHORTENED TO INTERSECT SAID EAST LINE OF MIDTOWN DELRAY. SURVEYORS NOTES 1. NO SEARCH OF THE PUBLIC RECORDS WAS MADE BY THIS OFFICE. 2. NO BELOW GROUND UTILITIES OR SUB-SURFACE ENCROACHMENTS WERE LOCATED BY THIS OFFICE. 3. BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF MIDTOWN DELRAY AS RECORDED IN PLAT BOOK 111, PAGES 87 AND 90, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, HAVING A PLATTED BEARING OF N 01°30'15" W. UNLESS THIS DOCUMENT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED. SURVEYOR AND MAPPER,THIS DRAWING, SKETCH. PLAT OR MAP IS FeR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. " . LEGEND D.E. =: DRAINAGE EASEMENT :::G.U.E. GENERAL UTILITY EASEMENT ORB, = OFFICIAL RECORD BOOK :::P.B. PLAT BOOK P.O.B. :: POINT OF BEGINNING :::P.O.C. POINT OF COMMENCEMENT L =: ARC LENGTH R :: RADIUS ': ::: ::: II /J. CENTRAL (DELTA) ANGLE <t CENTERLINE --. _.­ LESLIE ,C. B1SPOTI PROFESSIONAL SURVEYOR AND MAPPER FLOfHDA CER'fIFiCATE NUMBER 5698 MICHAEL B. SCHORAH & ASSOCIATES, INC. 18150 FOREST HILL flLVO., SUiTe 206 WEST PALM BEACH, FLORIDA 33406 TeL. (581) 958-0080 FAX. (561) 642·9726 11= m:LO 800)( SCALE SHEET NO. 1" = 40' rlEU> CHECKED J.T.G. r:,P:;:AG:::-E =-=---+::=::;-----1 1 ~~_---<CADD FILE DATE =111 LB /I 2438 fILE NO. 1518 DRAWN L.e,s. 1518 12UE OCT. 2011 PROJECT: SKETCH AND DESCRIPTION 12' WIDE UTILITY EASEMENT 2 MIDTOWN DELRAY I EXHIBJT "A"THIS IS NOT A BOUNDARY SURVEY 1"­,vv / TERMINUS ~ ---EASEkNT TO BE ABANDONED (CREATED O.R.B. 9764. PAGE 1355)/ P.q.B. " L=67.62' R=380.00 · 6.= 1 0"11 •43" I E. LINE MIDTOWN DELRAY P.O.C. SE CORNER MIDTOWN DELRAY P.B. 111, 87-90 .. MICHAEL B. SCHORAH & ASSOCIATES, INC.LEGEND 1850 FOREST HI1.1. 6L VO., SUITE 206 DE ::: WEST PALM BEACH. FLORIDA 33406 DRAINAGE EASEMENT TEL. (561) 968-0080 fAX. (561) 642-9726 G.U.E. == GENERAL UTILITY EASEMENT FIELD BOOK SCALE SHEET NO.O.R.B. :::: OFFICIAL RECORD BOOK FIELD 1" '=' 40'P.B. PLAT BOOK '" CHECKED J.T.G. ~~~-...f...:.,=----l :::P.O.B. POINT OF BEGINNING 1 RAWN CADD FILE DATE P.O.C. == POINT OF COMMENCEMENT L.e.s. 1518_12UE OCT., .2011 2 L ::: ARCLENGTH PROJECT:R ::: RADIUS SKETCH AND DESCRIPTION LB # 2438 A ::: CENTRAL (DELTA) ANGLE 12' WIDE UTILITY EASEMENT FILE NO.<t = CENTERLINE 1518 MIDTOWN DELRAY RESOLUTION NO. 53 -11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT DEDICATED BY AN EASEMENT DEED RECORDED IN O.R.B. 9764, PAGE 1355, AS MORE FULLY DESCRIBED IN EXHIBIT "A ". WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a utility easement dedicated by easement deed, as recorded in Official Records Book 9764, Page 1355 of the Public Records of Palm Beach County, Florida, as more particularly described in Exhibit "A "; said easement lying within the Plat of Midtown Delray, as recorded in Plat Book 111, Pages 87 through 90 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" :his the 5 day of_ IV _ , 2011. 4)�O-S64 RES. NO. 53-11 THIS IS NOT A BOUNDARY SURVEY EXHIBIT "A" LEGAL DESCRIPTION A UTILITY -EASEMENT AS RECORDED-4N OFFICIAL- RECORD- BO©K-976-4L _PAGE 1355, PUBL-IC-,- RECORDS OF PALM BEACH COUNTY, AND LYING -IN THE-PLAT-OF MIDTOWN UELRAY, -.A5 RECORDED IN PLAT BOOK 111, PAGES 87 THROUGH 90, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PLAT OF MIDTOWN DELRAY; THENCE N 01 030'15" W ALONG THE EAST LINE OF SAID MIDTOWN DELRAY, A DISTANCE OF 191.12 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 380.00 FEET AND A CENTRAL ANGLE OF 10 °11'43 "; THENCE NORTHERLY ALONG SAID EAST LINE, A DISTANCE OF 67.62 FEET TO THE POINT OF BEGINNING; THENCE N 01 °30'15" W, A DISTANCE OF 40,67 FEET; THENCE N 46 °44'42" W, A DISTANCE OF 71.39 FEET; THENCE N 01 °44'42" W, A DISTANCE OF 69.00 FEET TO REFERENCE POINT "A "; THENCE CONTINUE N 01 °44'42" W, A DISTANCE OF 11.00 FEET TO THE POINT OF TERMINUS "A ". THENCE FROM THE AFOREMENTIONED REFERENCE POINT "A ", N 88 °38'00" E, A DISTANCE OF 11.00 FEET TO THE POINT OF TERMINUS "B ". THE SIDELINES OF SAID EASEMENT TO BE LENGTHENED OR SHORTENED TO INTERSECT SAID EAST LINE OF MIDTOWN DELRAY. SURVEYORS NOTES 1. NO SEARCH OF THE PUBLIC RECORDS WAS MADE BY THIS OFFICE. 2. NO BELOW GROUND UTILITIES OR SUB - SURFACE ENCROACHMENTS WERE LOCATED BY THIS OFFICE. 3. BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF MIDTOWN DELRAY AS RECORDED IN PLAT BOOK 111, PAGES 87 AND 90, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, HAVING A PLATTED BEARING OF N 01 °30'15" W. LEGEND D.E. = DRAINAGE EASEMENT G.U.E. - GENERAL UTILITY EASEMENT O.R.B. = OFFICIAL RECORD BOOK P,B' PLAT BOOK P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT L = ARC LENGTH R = RADIUS A = CENTRAL (DELTA) ANGLE q = CENTERLINE UNLESS THIS DOCUMENT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. /,O 2 11-2,911 Ate' DATE 0 SIGNATURE LESLIE C. BISPOTT PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NUMBER 5698 MICHAEL B. SCHORAH & ASSOCIATES, INC. 1850 FOREST HILL BLVD., SUITE 206 WEST PALM BEACH, FLORIDA 33406 TEL. (681) 968-0080 FAX (561) 842 -9726 FIELD FIELD BOOK SCALE SHEET NO. CHECKED PAGE 1" = 4O' 1 J.T.G. CADD FILE DATE DRAWN L.C.B. I 1518_12UE I OCT. 2011 2 SKETCH AND DESCRIPTION 12' WIDE UTILITY EASEMENT MIDTOWN DELRAY LB # 2438 1518 THIS IS NOT A BOUNDARY SURVEY EXHIBIT "A" TRACT 'G' TERMINUS COMMON AREA POIN T �A,� 107 \ - /MIDTOWN DELRAY-----/ - / P.B. 1111 87-90 - - / 11.001 , /-TERMINUS TERMINUS 108 POINT "B" / / N88 015'18 "E 109 / / 11.00' / O 110 \ NI+ REFERENCE O� ct / POINT "A" / / / L' j � / o � `° /T w 0, / V -f- - - - - -- / wr- - - - - -- �' Q 0 z ; w � 57 o O _� 07 U r " ° r rw / / 58 30. r i 0 EASE ENT TO BE ABANDONED m 60` o (CR � TED O.R.B. 9764, PAGE 1355) I 10' z � G.U.E. -►1� --- � � P.C.B. 61 ' L= 67.62' R= 380.00' 62 I A= 10'11'43" I � I I I w� w .. E. LINE MIDTOWN DELRAY Q MICHAEL B. SCHORAH & ASSOCIATES, INC. 1850 FOREST HILL BLVD., SUITE 206 WEST PALM BEACH. FLORIDA 33406 TEL. (561) 968 -0080 FAX. (561) 642 -9726 FIELD FIELD BOOK SCALE SHEET NO. CHECKED J.T.G. PAGE 1 CADD FILE DATE I fznwN L.C.B. i 1518_12UE OCT., 2011 SKETCH AND DESCRIPTION 12' WIDE UTILITY EASEMENT MIDTOWN DELRAY LB # 2438 1518 LEGEND w a- P.O.C. G.U.E. = GENERAL UTILITY EASEMENT LO SE CORNER = OFFICIAL RECORD BOOK MIDTOWN DELRAY to D m P.B. 111, 87 -90 Z I c of L = ARC LENGTH R MICHAEL B. SCHORAH & ASSOCIATES, INC. 1850 FOREST HILL BLVD., SUITE 206 WEST PALM BEACH. FLORIDA 33406 TEL. (561) 968 -0080 FAX. (561) 642 -9726 FIELD FIELD BOOK SCALE SHEET NO. CHECKED J.T.G. PAGE 1 CADD FILE DATE I fznwN L.C.B. i 1518_12UE OCT., 2011 SKETCH AND DESCRIPTION 12' WIDE UTILITY EASEMENT MIDTOWN DELRAY LB # 2438 1518 LEGEND D.E. = DRAINAGE EASEMENT G.U.E. = GENERAL UTILITY EASEMENT O.R.B. = OFFICIAL RECORD BOOK P.B. = PLAT BOOK P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT L = ARC LENGTH R - RADIUS A = CENTRAL (DELTA) ANGLE q = CENTERLINE MICHAEL B. SCHORAH & ASSOCIATES, INC. 1850 FOREST HILL BLVD., SUITE 206 WEST PALM BEACH. FLORIDA 33406 TEL. (561) 968 -0080 FAX. (561) 642 -9726 FIELD FIELD BOOK SCALE SHEET NO. CHECKED J.T.G. PAGE 1 CADD FILE DATE I fznwN L.C.B. i 1518_12UE OCT., 2011 SKETCH AND DESCRIPTION 12' WIDE UTILITY EASEMENT MIDTOWN DELRAY LB # 2438 1518 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: November 8, 2011 Page 1 of 2 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011 RESOLUTION NO. 53-1 VABANDONMENT OF UTILITY EASEMENT/MIDTOWN DELRAY ITEM BEFORE COMMISSION The request involves abandoning a 12' wide utility easement that covered a 8" water main that extended north into the Midtown Delray property (formerly Blood's Grove Orchard) from a water main network serving the Hammock Reserve development to the south. The easement was granted to the City of Delray Beach via an Easement Deed recorded in O.R.B. 9764, Page 1355 on April 28, 1997. BACKGROUND On October 24, 2007 the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan and Architectural Elevations for the Midtown Delray development. On March 17, 2008 the Planning and Zoning Board recommended approval of a preliminary subdivision plat and abandonment of this easement in association with the Midtown Delray development. The City Commission approved the Plat on April 15, 2008, subject to processing of an easement abandonment. The abandonment is now before the City Commission for approval. The approved Water and Sewer plans for the Midtown Delray development showed removal of the existing 8" water main and installation of new water mains throughout the development within dedicated rights -of -way or other dedicated easement areas. The existing water main has been capped at the property line and is no longer in service under the easement on the subject property. The abandonment request was submitted to eliminate the encumbrance of the existing easement which is no longer needed on the property. � u'r I va arell V: 101 Pursuant to LDR Section 2.4.6(N)(5), a finding must be made prior to 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. http:// itwebapp / Agendalntranet /Bluesheet.aspx ?ItemlD= 5119 &MeetingID =337 11/21/2011 Coversheet Page 2 of 2 The abandonment of the easement will not be detrimental to the provision of utility services since the water main in this easement has already been capped and will be relocated with construction of the Midtown Delray development. The City's Environmental Services Department (water & sewer service) has reviewed the request and has no objection to the abandonment. Since the easement area was dedicated to the City of Delray Beach as a utility easement for the provision of water services, Florida Power & Light, Comcast Cable, Florida Public Utilities Company and AT &T do not have an interest in this request and therefore are not required to comment. Pursuant to the above, a positive finding pursuant to LDR Section 2.4.6(N)(5) can be made. RECOMMENDATION By motion, approve Resolution No. 53 -11 to abandon a 12' wide utility easement dedicated via an Easement Deed recorded in OR Book 9764, Page 1355, of the Public Records of Palm Beach County, Florida, lying within the Plat of Midtown Delray, 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)(5), Abandonment of Public Easements, of the Land Development Regulations. http:// itwebapp /AgendalntranetBluesheet .aspx ?ItemID = 5119 &MeetingID =337 11/21/2011 RESOLUTION NO. 53 -11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT DEDICATED BY AN EASEMENT DEED RECORDED IN O.R.B. 9764, PAGE 1355, AS MORE FULLY DESCRIBED IN EXHIBIT "A". WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a utility easement dedicated by easement deed, as recorded in Official Records Book 9764, Page 1355 of the Public Records of Palm Beach County, Florida, as more particularly described in Exhibit "A''; said easement lying within the Plat of Midtown Delray, as recorded in Plat Book 111, Pages 87 through 90 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 AM 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 MAYOR ATTEST: City Clerk RES. NO. 53 -11 THIS IS NOT A BOUNDARY SURVEY EXHIBIT "A" LEGAL DESCRIPTION A UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 9764, PAGE 1355, PUBLIC RECORDS OF PALM BEACH COUNTY, AND LYING IN THE PLAT OF MIDTOWN DELRAY, AS RECORDED IN PLAT BOOK 111, PAGES 87 THROUGH 90, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PLAT OF MIDTOWN DELRAY; THENCE N 01 °30'15" W ALONG THE EAST LINE OF SAID MIDTOWN DELRAY, A DISTANCE OF 191.12 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 380.00 FEET AND A CENTRAL ANGLE OF 10 °11'43 "; THENCE NORTHERLY ALONG SAID EAST LINE, A DISTANCE OF 67.62 FEET TO THE POINT OF BEGINNING; THENCE N 01 °30'15" W, A DISTANCE OF 40.67 FEET; THENCE N 46 °44'42" W, A DISTANCE OF 71.39 FEET; THENCE N 01 °44'42" W, A DISTANCE OF 69.00 FEET TO REFERENCE POINT "A "; THENCE CONTINUE N 01 044'42" W, A DISTANCE OF 11.00 FEET TO THE POINT OF TERMINUS "A ". THENCE FROM THE AFOREMENTIONED REFERENCE POINT "A ", N 88 °38'00" E, A DISTANCE OF 11.00 FEET TO THE POINT OF TERMINUS "B ". THE SIDELINES OF SAID EASEMENT TO BE LENGTHENED OR SHORTENED TO INTERSECT SAID EAST LINE OF MIDTOWN DELRAY. SURVEYORS NOTES NO SEARCH OF THE PUBLIC RECORDS WAS MADE BY THIS OFFICE. 2. NO BELOW GROUND UTILITIES OR SUB - SURFACE ENCROACHMENTS WERE LOCATED BY THIS OFFICE. 3. BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF MIDTOWN DELRAY AS RECORDED IN PLAT BOOK 111, PAGES 87 AND 90, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, HAVING A PLATTED BEARING OF N 01 °30'15" W. LEGEND D.E. = DRAINAGE EASEMENT G.U.E. = GENERAL UTILITY EASEMENT O.R.B. = OFFICIAL RECORD BOOK P.B. = PLAT BOOK P.O.B. = POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT L - ARC LENGTH R = RADIUS A = CENTRAL (DELTA) ANGLE q = CENTERLINE UNLESS THIS DOCUMENT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. /,O 14, 71-2,911 DATE 0 SIGNATURE FIELD & LESLIE C. BISPOTT PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NUMBER 5698 MICHAEL B. SCHORAH & ASSOCIATES, INC. 1850 FOREST HILL BLVD., SUITE 206 WEST PALM BEACH, FLORIDA 33406 TEL. (661) 968-008D FAX. (581) 642-9726 FIELD BOOK SCALE I SHEET NO. 1" = 40' J.T.G, rr�FL CADD FILE L.C.B. 1518_12UE SKETCH AND DESCRIPTION 12' WIDE UTILITY EASEMENT MIDTOWN DELRAY OCT. 2011 LB # 2438 1518 Quo Q rn w< w C) CO Z W:23;:: I--m O oom / Nz- V f — — — — — — - / � w ;V� 57� THIS IS NOT A BOUNDARY SURVEY / \ \ vv TRACT 'G' COMMON AREA TERMINUS P "A" \ LEGEND MIDTOWN DELRAY LO p / /OICIT 107 (CREATED O.R.B. 9764, PAGE 1355) / P.B. 111, 87 -90 o f 100 8 \ z / II.00' TERMINUS POINT "B" / / / \ G.U.E. L= 67.62' R= 380.00' "E [Irr, A= 10'11'43" \ 42-9 TEL• (581) s�6e ooeo FAX. (581)842 -9728 O.R.B. NB8015'18 zI /\ 109 w= 11.00' / SCALE w .. \ /OD m / Q / \ 110 NI 1" = 40' REFERENCE to iv o P.O.B. \ En-. In D rq POINT "A" Li Z OI Quo Q rn w< w C) CO Z W:23;:: I--m O oom / Nz- V f — — — — — — - / � w ;V� 57� MICHAEL B. SCHORAH 58 4 ' LEGEND 0 59 �I LO p EASE ENT TO BE ABANDONED 6 0 (CREATED O.R.B. 9764, PAGE 1355) I o f 1 0' z P.00. B. Imo_ 61 ' I G.U.E. L= 67.62' R= 380.00' I [Irr, A= 10'11'43" fit I I 42-9 TEL• (581) s�6e ooeo FAX. (581)842 -9728 O.R.B. J zI I w= ' SCALE w .. E. LINE MIDTOWN DELRAY = PLAT BOOK I Q a- P.O.C. PAGE 1" = 40' SE CORNER to iv o P.O.B. MIDTOWN DELRAY En-. In D rq P.B. 111, 87 -90 Z OI CADD FILE DATE EXHIBIT "A" MICHAEL B. SCHORAH & ASSOCIATES, INC. LEGEND FOREST HILL BLVD., SUITE 206 D.E. = DRAINAGE EASEMENT WEST PALM BEACH. FLORIDA WES G.U.E. = GENERAL UTILITY EASEMENT [Irr, 42-9 TEL• (581) s�6e ooeo FAX. (581)842 -9728 O.R.B. = OFFICIAL RECORD BOOK FIELD FIELD BOOK SCALE SHEEP N0. P.B. = PLAT BOOK CHECKED J.T.G. PAGE 1" = 40' P.O.B. = POINT OF BEGINNING CADD FILE DATE P.O.C. = POINT OF COMMENCEMENT mmmmmmmmol °R°w" L.C.B. 1518_12UE OCT., 2011 2 L = ARC LENGTH PROJECT: R = RADIUS SKETCH AND DESCRIPTION LB # 2438 = CENTRAL (DELTA) ANGLE 12' WIDE UTILITY EASEMENT � = CENTERLINE FILE No. MIDTOWN DELRAY 1518 1 ■ ■ ■ ■ ■ ■ ■ ■ ■■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■■■■l �■■■■■■■■■■■ ■■ ' ■■■■ ■ ■ ■ ■ ■ ■ ■� ■ ■ ■� ■■■■■■■ ■■■■■■■■iii■■■■■■ pi MINI HIM I I KIM �r�� ■1111�11111■11���■■� , 1 = 11111111 ��= �IIIIIIII� - ■ ■� - 11111111111 � ggli ° N MIDTOWN DELRAY SUBJECT PROPERTY 4600 LINTON BOULEVARD PLANNING AND ZONING DEPARTMENT LOCATION MAP Prepared by: RETUM David N. Tolces, Esq. City Atioracy's Office 200 N.W. 1st Avenue Delray Beach. Florida 33444 APR -28 -1997 S :58am 97- 147641 ORE 9764 Ps 4 355 E J11111111111 ft 11111111131 $10111110 Con 10.110 Doc .70 EASUMEN DF. THIS INDENTURE, made this _/Vday of �, 1997, by and between NORMAN W. BLOOD, III, AND JAMS D, BLOOD, with a mailing address of P.O. Box :. 2106, Delray Beach, Florida 33444, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of IU0'N.W 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of 17orida, patty of the second part: t( WITNESSETH: That the party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said ` party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of: installation and maintenance of public utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following descnbod property located is Palm Beach County, Florida, to -wit-, pFSCJPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land 3 described above, to effect the purposes of the easement. as expressed hereinafter. 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 of any and all mortgages or liens encumbering this casement. The party of the first part also agrees to erect no building or effect any other Rind of construction or improvements upon the above- described property. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner. party of the first part dncs 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 Ita, good ri g and•la iul authority a gztu tt„ abnvP- described easemen[ and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assign; of the parties. t ti. isrder: 2037 - 2598170 Doc: FLPALM:9764 -01355 Page 1 of 3 Created fay: tadriaansen Printed: 8/18/2011 11:15:22 AM EST ORB 4764 Ps 1356 IN WITNESS WHEREOF, the parties to this Fasement Deed set their Hands and seals the day and year first above written_ WITNESS #1: PARTY OF THE FIRST PART (name printed or typed) NORMAN W. BLOOD, 1[I VMWESS M2: F. wow tl (name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged lxfore me this day of 12jdai—, 1997 by NORMAN W. BLOOD, III. He is personally known to me or has pmdueod --1 )0/<—,— � as identification. — O,ARY j'6 oFSiau ►+orarr sEgt . r n LINDA F OSIL4 - }� 40Y3Hi0lON NIIM9EB i9 re of No lic - State df QF W 06CkA jIEAio7lt}"P. of Florida WITNES J1: Q PARTY OF THE FIRST PART IMay By_ l' (nme a printed or typed) lAMMS D. BLOOD WITNESS #2: nM (name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACTI The foregoing iastrrcment WU acknowledged before me this 21 day of Q.i r 1997 by JAMB D. BLOOD. He is p`:sonel ?y knewr to me or.has produced as identification. %;�aT P11 DFFr M nDTAIir s Sig re of Notary is . State �;�►P �1 UNDAp9XF0A0 of Ort co40111099M o �,wnaa da EAS�IF1JT.bEb _ rfi: �•� kr OD11ddAplpit >t1P. 7124197 2 Order: 2037 - 2598170 Doc: FLPALM:9764 -01355 Y Page 2 of 3 Created By: tadriaansen Printed: 8/18/201111:15:22 AM EST I PEFERENCE POINT "A =- -- 0 0 C4 O N POINT OF ENDING ' OORf1 WILKEN+ Cog PE Ct umf FL? -1 I. DO' rN _---POINT OF ENDING "A" �1�117 _LIZ.. • `\ BLOOD'S - HAMMOCK GROVES r: S / POINT pf COMMENCEMENT NORTHWEST CORNER PLAT OF FOXE CHASE / Vu aq \ 1 J P O V) u �' e y p rl S88'52'27'W lU POINT OF BEGINNING ; 594 QO' Q O .J Q c+� O DESCRIPTION: A PARCEL OF LAND IN SECTION 25, TOWNSHIP 4E SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. 12 FEET IN WIDTH LYING 6 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE NORTHWEST CORNER OF THE PLAT OF FOXE CHASE, AS RECORDED IN PLAT BOOK 38, PAGES I AND 2 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 01' 07' 33" EAST, ALONG THE WEST LINE OF SAID PLAT OF FOXE CHASE. A DISTANCE OF 523.82 FEET; THENCE, SOUTH 88. 52' 27" \'VEST. A DISTANCE OF 594.00 FEET TO A POINT ON A LINE 594.00 FEET WEST OF AND PARALLEL TO THE WEST LINE OF SAID PLAT OF FOXE CHASE SAID POINT ALSO BEING THE POINT OF BEGINNING. THENCE, NORTH 01' 07' 33" WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 40.67 FEET. THENCE, NORTH 46. 22' 00" WEST, A DISTANCE OF 71.40 FEET: THENCE, NORTH'01' 22' 00 "_WES_T,_A DISTANCE OF 69,00 FEET_TO REFERENCE. POINT A; THENCE, CONTINUING NORTH 01' 22' 00" WEST, A DISTANCE OF 11.00 FEET TO THE POINT OF ENDING; AND BEGINNING AT SAID REFERENCE POINT A: THENCE, NORTH 88' 38' 00" EAST, A DISTANCE OF 11,00 FEET TO THE POINT OF ENDING A. THE SIDELINES OF SAID PARCEL TO SE LENGTHENED OR SHORTENED TO MEET AT ANGLE POINTS AND AT THE PROPERTY LINE. e t = 40. -- dote scale i/23/9T EXHIBIT Jab na 96117.5za Order: 2037 - 2598170 Doc: FLPALM:9764 -01355 \96117 \W_EASM_I.DWG SHEREMETA ASSOCIATES, INC _ CQN9.A.TING ENGINEERS land planniaO . ohgh"ri q Page 3 of 3 Created 8y: tadriaansen Printed: 8/181201111:15:22 AM EST I ■ ■ ■ ■ ■ ■ ■ ■ ■■ . ■■■■■■■■■■■■■■ ENE■■■■ MEN ■■ ° ■ ■ ■ ■I ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■� ' ■NEON ■■■■■■■ ■ ■ ■ ■I moons ■■ pNONE ■■■■liiimmm■■■ pi Room SIMON �I���IIII�IIIII�II���■ ■�� , 1 11111111 =�= �IIII1111� � - � ■ ■� I � — 11111111111 � .. .. SUBJECT PROPERTY MIDTOWN DELRAY 4600 LINTON BOULEVARD PLANNING AND ZONING DEPARTMENT LOCATION MAP