Res 12-12EITY OF DELRAY BEREH
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CITY CLERK 100 N.W. 1st AVENUE • DELRAY BEACH, FLORIDA 33444
CERTIFICATION
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I, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray - ' ^t
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Beach, do hereby certify that the attached document is a true and correct A t, f
copy of Resolution No. 12 -12, as the same was passed and adopted by the
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Delray Beach City Commission in regular session on the 6th day of March 0:1
2012.
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IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 9th day of May ?� °I
2012. :x
DELRAY BEACH
All-America City
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I IIII 11111111111111111111111111111111111111111111111 IN
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CITY CLERK 100 N.W. 1st AVENUE • DELRAY BEACH, FLORIDA 33444
CERTIFICATION
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c; °ti C1_l
70 a-(I
I, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray - ' ^t
rI7 Fri
Beach, do hereby certify that the attached document is a true and correct A t, f
copy of Resolution No. 12 -12, as the same was passed and adopted by the
t•.�t
Delray Beach City Commission in regular session on the 6th day of March 0:1
2012.
J T',J
C4
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 9th day of May ?� °I
2012. :x
RESOLUTION NO. 12 -12
A RESOLUTION OF THE CrTY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A DRAINAGE EASEMENT DEDICATED BY
THE "MIRAFLORES AT DELRAY" PLAT, RECORDED IN
PLAT BOOK 1,08, PAGES 184 THROUGH '185 OF THE
PUBLIC RECORDS OF PALM .BEACH COUNTY, FLORIDA,
AND AS MORE PARTICULARLY" DESCRIBED IN EXHIBIT
,A„
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a drainage easement dedicated via the Plat of "Miraflores at Delray ", as
recorded in Plat Book 108, Pages 184 through 1:85 of the Public Records of Palm Beach
County, Florida; and as more particularly described in Exhibit "A "; 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{\T)(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 6"' day of March, 2012.
'�L— I,,,-
ATTEST:
City Clerk
MAYO
2 RES. NO. 12 -12
SKETCH OF DESCRIPTION
EXHIBIT 'A "
SHEET 1 OF 2
DESCRIPTION OF 10' DRAINAGE EASEMENT TO BE ABANDONED.
THA T PORTION OF TRACT 'B'; MIRAFLORES A T DEL RA Y, AS
RECORDED IN Ft T BOOK 108, PAGES 184 AND 185 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS
FOLLOWS-
COMMENCING A T THE SOUTHWEST CORNER OF SAID TRACT 'B';
THENCE N.0000'00'E, ALONG THE WEST LINE OF SAID TRACT
'B'; A DISTANCE OF 190.0 FEET TO A POINT ON THE CENTERLINE
OF A 10 FOOT DRAINAGE EASEMENT AND THE POINT OF BEGINNING,
THENCE S90000'00'E, ALONG SAID CENTERLINE, A DISTANCE OF
63.0 FEET TO A POINT HEREAFTER REFERRED TO AS 'POINT A';•
THENCE S. 0 °00'00 "W., A DISTANCE OF 190.95 FEET TO THE
SOUTH LINE OF SAID TRACT 'B" AND THE TERMINUS POINT OF
SAID EASEMENT, • BEGINNING A T THE AFOREDESCRIBED 'POINT A',
THENCE N.0000'00'E, A DISTANCE OF 19158 FEET TO THE
NORTH LINE OF SAID TRACT 'B" AND THE TERMINUS POINT OF
SAID EASEMENT.
THE SIDELINES OF SAID EASEMENT TO BE EXTENDED OR SHORTENED
TO MEET A T ALL ANGLE POINTS AND TO TERMINA TE A T THE NORTH,
SOUTH AND WEST LINES OF SAID TRACT 'B" RESPECTII/EL Y.
EASEMENT AREA = 4,405 SQUARE FEET, MORE OR LESS
PAUL D. ENGLE I
SURVEYOR & MAPER J5708
DATE.• FEBRUARY 28, 2012
ORDER NO. 04 -111AB
SKETCH OF DESCRIPTION
EXHIBIT 'A"
SHEET 2 OF 2
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0 BRIEN, SUI TER & 0 BRIEN, INC
CERTIFICATE OF AUTHORIZATION IL B353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE. PAUL D. ENGL E
955 N.W. 17TH AVENUE, SUITE Kl
DEL RAY BEACH FLORIDA 33445
ORDER NO. 04 -111AB
1 (561) 276 -4501 (561) 732 -3279
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RESOLUTION NO. 12 -12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A DRAINAGE EASEMENT DEDICATED BY
THE "MIRAFLORES AT DELRAY" PLAT, RECORDED IN
PLAT BOOK 108, PAGES 184 THROUGH 185 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A"
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a drainage easement dedicated via the Plat of "Miraflores at Delray ", as
recorded in Plat Book 108, Pages 184 through 185 of the Public Records of Palm Beach
County, Florida, and as more particularly described in Exhibit "A "; 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 6`h day of March, 2012.
4)9f'-)w4 � 5
ATTEST:
City Clerk
WNW
2 RES. NO. 12 -12
SKETCh OF DESCRIPTION
EXHIBIT 'A"
SHEET 1 OF 2
DESCRIPTION OF 10' DRAINAGE EASEMENT TO BE ABANDONED:
THA T PORTION OF TRACT '$'; MIRAFL ORES A T DEL RA Y, AS
RECORDED IN PLA T BOOK 108, PAGES 184 AND 185 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS
FOLL 0WS-
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 'B
THENCE N.0000'00 "t, ALONG THE WEST LINE OF SAID TRACT
'B'; A DISTANCE OF 190.0 FEET TO A POINT ON THE CENTERLINE
OF A 10 FOOT DRAINAGE EASEMENT AND THE POINT OF BEGINNING;
THENCE S.90 000'00 "E., ALONG SAID CENTERLINE, A DISTANCE OF
63.0 FEET TO A POINT HEREAFTER REFERRED TO AS 'POINT A';
THENCE S.0 °00'00 "W., A DISTANCE OF 190.95 FEET TO THE
SOUTH LINE OF SAID TRACT 'B" AND THE TERMINUS POINT OF
SAID EA SEMEN T,• BEGINNING A T THE AFOREDESCRIBED 'POINT A';•
THENCE N.0000'00'E, A DISTANCE OF 19158 FEET TO THE
NORTH LINE OF SAID TRACT 'E" AND THE TERMINUS POINT OF
SAID EASEMENT.
THE SIDELINES OF SAID EASEMENT TO BE EXTENDED OR SHORTENED
TO MEET A T ALL ANGLE POINTS AND TO TERMINA TE A T THE NORTH,
SOUTH AND WEST LINES OF SAID TRACT 'B" RESPECTIVELY
EASEMENT AREA = 4,405 SQUARE FEET, MORE OR LESS.
PAUL D. ENGLE '
SURVEYOR & MAPPER 115708
DATE. FEBRUARY 28. 2012
O'BRIEN, SUITER & O'BRIEN, INC
CERTIFICATE OF AUTHORIZATION LB353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE. PAUL D. ENGLE
955 N. W. 17TH A VENUE, SUITE K
DELRAY BEACH FLORIDA 33445
ORDER NO. 04 -111AB (561) 276 -4501 (561) 732 -3279
SKETU. .JF DESCRIPTION
EXHIBIT 'A"
SHEET 2 OF 2
ORDER NO. 04 -111AB
NOTES:
THIS IS NOT A SURVEY
= CENTERLINE
THE WEST LINE OF TRACT
IS ASSUMED TO BEAR
N.0°00'00'E
DATE. FEBRUARY 28, 2012
O'BR /EN, SUI TER & O'BRIEN, INC
CERTIFICATE OF AUTHORIZATION
SURVEYOR AND MAPPER IN RESP6
CHARGE. • PAUL D. ENGLE
955 N. W. 17TH AVENUE, SUITE K1
DEL RA Y BEACH FL ORIDA 33445
(561) 276 -4501 (561) 732 -3279
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ORDER NO. 04 -111AB
NOTES:
THIS IS NOT A SURVEY
= CENTERLINE
THE WEST LINE OF TRACT
IS ASSUMED TO BEAR
N.0°00'00'E
DATE. FEBRUARY 28, 2012
O'BR /EN, SUI TER & O'BRIEN, INC
CERTIFICATE OF AUTHORIZATION
SURVEYOR AND MAPPER IN RESP6
CHARGE. • PAUL D. ENGLE
955 N. W. 17TH AVENUE, SUITE K1
DEL RA Y BEACH FL ORIDA 33445
(561) 276 -4501 (561) 732 -3279
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Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Ronald Hoggard, AICP, Principal Planner
Paul Dorling, AICP, Director Planning and Zoning
THROUGH: City Manager
DATE: February 28, 2012
Page 1 of 2
SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF MARCH 6, 2012
RESOLUTION NO. 12-12: ABANDONMENT OF DRAINAGE EASEMENT /SAXENA WHITE
CORPORATE OFFICES
ITEM BEFORE COMMISSION
The request involves abandoning a 10' wide drainage easement, which was dedicated by the
" Miraflores at Delray" plat, recorded in Plat Book 108, Pages 184 through 185 of the Public Records of
Palm Beach County, Florida on November 13, 2006.
BACKGROUND
On February 15, 2005, the Site Plan Review and Appearance Board approved a Class V Site Plan for
the Miraflores Townhouse development and the property was subsequently platted to accommodate the
development. The subject drainage easement, which was needed for the townhouse development, was
dedicated with the plat. The Miraflores project was never constructed and a new development proposal
on the property has since been submitted for the corporate offices of the Saxena White law firm. A
Class V site plan for the new development was approved by the Site plan Review and Appearance
Board on February 22, 2012. Since, the subject easement conflicts with the new building layout on the
property and is no longer needed for the purpose for which it was intended, the applicant has requested
that it be abandoned.
REVIEW BY OTHERS
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.
The abandonment of the easement will not be detrimental to the provision of utility services since the
easement is no longer needed with the new project design for the property. The City Engineer has
reviewed the request and has no objection to the abandonment. Since the easement was dedicated only
for drainage purposes, Florida Power & Light, Comcast Cable, Florida Public Utilities Company and
http: // agendas. mydelraybeach. com /Bluesheet.aspx ?ItemID= 5395 &MeetinglD =346 3/7/2012
Coversheet
Page 2 of 2
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. 12 -12 to abandon a 10' wide drainage easement, dedicated by the
"Miraflores at Delray" plat, recorded in Plat Book 108, Pages 184 through 185 of the Public Records of
Palm Beach County, Florida, 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: // agendas. mydelraybeach. com /Bluesheet.aspx ?ItemID= 5395 &MeetingID =346 3/7/2012
RESOLUTION NO. 12 -12
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A DRAINAGE EASEMENT DEDICATED
BY THE "MIRAFLORES AT DELRAY" PLAT,
RECORDED IN PLAT BOOK 108, PAGES 184 THROUGH
185 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, AND AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A ".
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a drainage easement dedicated via the Plat of "Miraflores at Delray ", as
recorded in Plat Book 108, Pages 184 through 185 of the Public Records of Palm Beach
County, Florida, and as more particularly described in Exhibit "A "; 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 , 2012.
ATTEST:
City Clerk
MAYOR
2 RES. NO. 12 -12
SKETCH OF DESCRIPTION
EXHIBIT 'A"
SHEET 1 OF 2
DESCRIPTION OF 10' DRAINAGE EASEMENT TO BE ABANDONED:
THA T PORTION OF TRACT 'B'; MIRAFLORES A T DEL RA Y, AS
RECORDED IN PLAT BOOK 108, PAGES 184 AND 185 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS
FOLLOWS:
COMMENCING A T THE SOUTHWEST CORNER OF SAID TRACT 'B';
THENCE N.0 000'00 "E., ALONG THE WEST LINE OF SAID TRACT
'B'; A DISTANCE OF 190.0 FEET TO A POINT ON THE CENTERLINE
OF A 10 FOOT DRAINAGE EASEMENT AND THE POINT OF BEGINNING,
THENCE S 90 °00'00 "E., ALONG SAID CENTERLINE, A DISTANCE OF
63.0 FEET TO A POINT HEREAFTER REFERRED TO AS "POINT A';
THENCE S.0 000100 "W., A DISTANCE OF 190.95 FEET TO THE
SOUTH LINE OF SAID TRACT 'B" AND THE TERMINUS POINT OF
SAID EASEMENT BEGINNING AT THE AFOREDESCR/BED 'POINT A',
THENCE NOOOO'00'E, A DISTANCE OF 19158 FEET TO THE
NORTH LINE OF SAID TRACT 'B" AND THE TERMINUS POINT OF
SAID EASEMENT.
THE SIDELINES OF SAID EASEMENT TO BE EXTENDED OR SHORTENED
TO MEET A T ALL ANGLE POINTS AND TO TERM/NA TE A T THE NORTH,
SOUTH AND WEST LINES OF SAID TRACT 'B" RESPECTIVELY
EASEMENT AREA = 4,405 SQUARE FEET MORE OR LESS
PA UL D. ENGL E ' '11//
SURVEYOR & MAPPER ,5708
DATE. • FEBRUARY 28, 2012
ORDER NO. 04 -111AB
SKETCH
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EXHIBIT ';4 "
SHEET 2 OF 2
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TRACT 'B3
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CERTIFICATE OF AUTHORIZATION ,{�LB353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE: PAUL D. ENGL E
955 N. W. 17TH A VENUE, SUITE K1
DEL RA Y BEACH FL ORIDA 334 45
ORDER NO. 04 -IIIAB
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