Res 30-12ITY RF DELRRY BEREH
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CITY CLERK 100 N.W. 1st AVENUE 0 DELRAY BEACH, FLORIDA 33444
CERTIFICATION
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I, LANELDA D. GASKINS, CMQ City Clerk of the City of Delray 6)
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Beach, do hereby certify that the attached document is a true and correct X
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copy of Resolution No. 30-12, as the same was passed and adopted by the 6�
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Delray Beach City Commission in regular session on the 5th day of July 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 16th day of July
2012. rr;
Lane Ida D. Gaskins, CMC
Deputy City Clerk
City of Delray Beach, Florida
SERVICE - PERFORMANCE - INTEGRITY - RESPONSIBLE - INNOVATIVE - TEAMWORK
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RESOLUTION NO 30-12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A V1 I ILITY EASEMENT LOCATED ON ?'HE
PROPERTY AT 633 NORTH OCEAN BOULEVARD, DELRAY
BEACH, FLORIDA, AND AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida, received an application fox
abandonmeli.t. of a utility easement, dedicated via the Plat of "Hancock Subdivision", as
recorded in Plat Book 76, Page 175 of the Public
Records of Pahn Beach County, Florida,,
located at 633 North Ocean Boulevard, and as more particularly described in Exhibit "A"..
and
WHEREAS, the application for abandonment of said easement vas processed
pursuant to Section 2.4.6(N.), "Abandonment of Public Easements", of the Land Development
Regulations of the City. of I)e1ray 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 Comxniss.ion
of the City of Delray Beach, Florida pursuant to
LDR Section 2.4.6(N)(5), finds- that the abandonment will tiot result.in detriment for the
provision of utility services to adjacent properties or the. general -area, that its interest Mi. the
described property .is n.olonge T
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 ate hereby incorporated hetelh by this
reference. 1.
Section 2. That pursuant to Chapter 177 and Chapter, 166 of the Florida Statutes., it 15
hereby determined to vacate and abandon all right and interest it holds to the following real
property, mo-re paxticularly described, as follows:
See Exhibit "A"
PASSED AND ADOPTED in regular session on .this fhe S
_day o.f _ —12012.
A7 LH S.T.
City Clerk
MAYO'
2 RES. NO. 30-12
SKETCH OF DESCRIPTION
EXHIBIT "A "
SHEET 1 OF 1
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10.00,
DESCRIPTION-
THE WEST 10.0 FEET OF LOT 2,
Q I HANCOCK SUBDIVISION, ACCORDING
Q O TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 76, PAGE 175,
PUBLIC RECORDS OF PALM BEACH
I COUNTY, FLORIDA.
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NOTES:
Q, Q THIS IS NOT A SURVEY
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IS
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PAUL D. ENGLE
SURVEYOR & MAPPER NO. 5708
DA TE.• MAY 25, 2012
ORRIEN, SUITER & O'BRIEN, INC.
CERTIFICA TE OF AUTHORIZA TION #L B353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE. PAUL D. ENGLE
955 N. W. 17TH A VENUE, SUITE K -1
ORDER NO. 96- 75';4BANDONMENT" DELRAY BEACH FLORIDA 33445
(561) 276 -4501 (569 732 -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: David T. Harden, City Manager
DATE: June 26, 2012
SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF JULY 5, 2012
RESOLUTION NO. 30-12/ABANDONMENT OF UTILITY EASEMENT
Page 1 of 1
ITEM BEFORE COMMISSION
Approve Resolution No. 30 -12, abandoning a 10' x 100' utility easement located at 633 North Ocean
Boulevard.
BACKGROUND
The City currently maintains a 10'x 100' utility easement at 633 North Ocean Boulevard along the front
(west) lot line, adjacent to North Ocean Boulevard, that was dedicated on the Plat for "Hancock
Subdivision" (Plat Book 76, Page 175) and recorded February 28, 1996. The subject property, which is
located on the east side of North Ocean Boulevard, is currently undeveloped and a new single - family
house is proposed on the property with a driveway and landscaping to be located within the
easement. The easement is not needed by the City to service the property and the property owner is
seeking its abandonment.
REVIEW BY OTHERS
Pursuant to the City's Land Development Regulations (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.
There are no utilities within the easement area and the easement is not needed to service the adjacent
properties or the general area. The City's Environmental Services Department has reviewed the request
and has no objection to the abandonment. Florida Power & Light (FPL), Comcast Cable, Florida Public
Utilities Company and AT &T have all reviewed the request and have no objection to the abandonment.
RECOMMENDATION
Approve Resolution No. 30 -12, abandoning a 10' x 100' utility easement dedicated via the Plat for
Hancock Subdivision, as recorded in Plat Book 76, Page 175, of the Public Records of Palm Beach
County, Florida, located at 633 North Ocean Boulevard; 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 /AgendalntranetBluesheet. aspx ?ItemlD= 5725 &MeetingID =3 81 7/10/2012
RESOLUTION NO. 30 -12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A UTILITY EASEMENT LOCATED ON THE
PROPERTY AT 633 NORTH OCEAN BOULEVARD, DELRAY
BEACH, FLORIDA, AND AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A ".
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a utility easement dedicated via the Plat of "Hancock Subdivision ", as
recorded in Plat Book 76, Page 175 of the Public Records of Palm Beach County, Florida,
located at 633 North Ocean Boulevard, 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 _ 32012.
ATTEST:
City Clerk
MAYOR
2 RES. NO. 30 -12
SKETCH OF DESCRIPTION
EXHIBIT "A"
SHEET 1 OF 1
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30.0°
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S.89 010'36 "W.
10.00°
DESCRIPTION-
THE WEST 10.0 FEET OF LOT 2,
Q Z HANCOCK SUBDIVISION, ACCORDING
Q I O TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 76, PAGE 175,
Q
HZ- j PUBLIC RECORDS OF PALM BEACH
� COUNTY, FLORIDA.
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i U NOTES:
D I o Q THIS IS NOT A SURVEY
W W z THE WEST LINE OF LOT 2 IS
m I J N Q Z ASSUMED TO BEAR N.0 °51'26 "W.
Q I Z m = CENTERLINE
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10.00.4
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30.0'
PAUL D. ENGLE
SURVEYOR & MAPPER NO 5708
DA TE• MAY 25, 2012
O'BRIEN, SUITER & OBRIEN, INC.
CERTIFICA TE OF AUTHORIZA TION #L3353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE • PAUL D. ENGLE
955 N. W. 17TH AVENUE, SUITE K -1
ORDER NO. 96- 75 ",4BANDONMENT" DELRAY BEACH FLORIDA 33445
(561) 276 -4501 (561) 732 -3279
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N SUBJECT PROPERTY 633 NORTH OCEAN BLVD.
�! EASEMENT ABANDONMENT
PLANNING AND ZONING EASEMENT AREA
DEPARTMENT LOCATION MAP
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9167TAL EASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1346_633 North Ocean Blvd— Easement Abandonment