Loading...
Res 54-12CITY OF DELRRY BEREH DELRAY BEACH N 1 bftg Ali- America City Mir; 1993 2001 1 111 1 11111111111111111 It 111111111111111111111111111111 100 N-W, 1si AVENUE DELRAY BEACH, FLORIDA 33444 56 11243 -7000 CERTIFICATION I, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 54 -12, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 20th day of November 2012. IN WITNESS WHEREOF, l have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 9th day of January 2013. Chevelle D. Nubin, MMC City Clerk City of Delray Beach, Florida SERVICE • PERFORMANCE • INTEGRITY • RESPONSIBLE • INNOVATIVE • TEAMWORK RESOLUTION NO. 54 -12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF A DRAINAGE EASEMENT LOCATED ON THE PROPERTY AT 1207 HAMMOND ROAD, DELRAY BEACH, FLORIDA, AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of 71 feet of a 12 foot wide drainage easement dedicated to the lot owners via the Plat of "Lane Subdivision ", as recorded in Plat Book 91, Pages 183 through 184 of the Public Records of Palm Beach County, Florida, located at 1207 Hammond Road, 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 a recommendation from the City Engineer; 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 axe 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: Section 3. Thi PASSED AND AD( ATTEST: City C1etk w Ld w a z LECEND ° NOT TO BE ABANDONED N R/W RIGHT OF WAY O.R.8 OFFICIAL RECORDS BOOK P B, PLAT BOOK PG PAGE PDX POINT OF COMMENCEMENT P. D. B POINT OF BEGINNING P.O. T POINT OF TERMINUS C/L CENTER LINE U. E. U77LITY EASEMENT SKETCH & LEGAL DESCRIPTION THIS IS NOT A SURVEY EXHIBIT "A" CRESTWOOD PB 23, PC 161 N89- 06'09 "E / ° NOT TO BE ABANDONED N 'ZI (// N CJ M 4 J v g SOUTH 71.0' OF 111E N CD a I NORTH 83.0' OF THE WEST 12.0' LOT C i— TO BE ABANDONED " I 852 SQUARE FEET w 00 E3_ u'j d Z � Nd o z 0 CD 1n I r X15 E c E fl v jr aC:T2 2012 �'LANNING & ZONING 127,21' 17 DftmAGE EASUKHT MAT BOON 01. P0. I -- --- - - - - -- -- X9.45' � I N ° I 225 M(.YiESS- EliEli ...r ^I U-1 I--- R ORmAM EASBANT PLAT HOOK 91, M 183 I i I I l I I I I 1 I i LOT C I I Iw W I , f o °o o / ° cn HAMMOND ROAD N89'06'09 "E S89'06'09 W - - — - — ------- -- - - -- - - -- r -------------- ----------------- LOT A LOT 6 12.79 n 0 DESCRIPTION, A PARCEL OF LAND LYING IN LOT C, LANE SUBDIVISION RECORDED IN PLAT BOOK 91, PAGE 183, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: THE SOUTH 71.00 FEET OF THE NORTH 83.00 FEET OF THE WEST 12.00 FEET OF SAID LOT C. CONTAINING 852 SQUARE FEET BRUCE CARTER & ASSOCIATES, INC. SURVEYORS- PLANNERS 405 S.E. 6TH AVE. (SOUTH FEDERAL HIGHWAY) DELRAY REACH, FLORIDA 33483 PHONE (561)- 265 -1910 / FAX (56I)- 265 -1919 LANF SUBDIVISION-DRAINAGL- EASEMENT AC34sND0NME7N I THIS SKETCH IS NOT VALID UNLESS IT DEARS AN ORIWONAI- 4LCN,A7Z�/?E AND AN .Ekr')t&b`SED "SO M"', SEAL 19ROCrN CARTER REGISTERED LAND SURVEYOR 14296) , STA,7E Ot.. FLO,91QA I DATE 10- 24-12 DRAWN BY BC F,B,/ P& NA CALF NTS PACE 1 OF 1 RESOLUTION NO. 54 -12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF A DRAINAGE EASEMENT LOCATED ON THE PROPERTY AT 1207 HAMMOND ROAD, DELRAY BEACH, FLORIDA, AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A "; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of 71 feet of a 12 foot wide drainage easement dedicated to the lot owners via the Plat of "Lane Subdivision ", as recorded in flat Book 91, Pages 183 through 184 of the Public Records of Palm Beach County, Florida, located at 1207 Hammond Road, 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 a recommendation from the City Engineer; 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" ake effect immediately upon passage. e session on this th day of , 2012. �-� Qb 1 \1AY0 2 RES. NO. 54-12 CITY OF OIELRRY BEREH DELRAY BEACH 6i&i All-America City I I 1993 2001 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 5611243 -7000 CERTIFICATION I, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 54 -12, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 20th day of November 2012. IN WITNESS WHEREOF, 1 have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 9th day of January 2013. Chevelle D. Nubin, MMC City Clerk City of Delray Beach, Florida (SEAL) SERVICE • PERFORMANCE - INTEGRITY - P.ESPONSTBLE • INNOVATIVE • TEAMWORK 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 13, 2012 Page 1 of 2 SUBJECT: AGENDA ITEM S.D. - REGULAR COMMISSION MEETING OF NOVEMBER 20, 2012 RESOLUTION NO. 54 -12 / ABANDONMENT OF DRAINAGE EASEMENT: 1207 HAMMOND ROAD ITEM BEFORE COMMISSION The request involves the abandonment a portion of a 12' drainage easement located on the property at 1207 Hammond Road, within Lot C, Lane Subdivision, according to the Plat thereof, recorded in Plat Book 91, Pages 183 through 184 of the Public Records of Palm Beach County, Florida. BACKGROUND The subject property, located on the north side of Hammond Road, is currently undeveloped. A building permit application for construction of a single - family home has been submitted to the Building Department. Drainage easements were dedicated on the plat for the four single - family lot subdivision recorded on September 13, 2001. These easements were dedicated to the owners of the lots "for the purpose of storm water management ". The drainage plan has since changed and portions of the original drainage easements on two of the lots are no longer needed. The portion of the 12' easement being abandoned on Lot C is located along the west property line. 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 the easement is strictly for drainage purposes, review and approval by Florida Power & Light (FPL), Comeast Cable, Florida Public Utilities Company and AT &T is not required. The City Engineer has reviewed the request and has no objections to the abandonment. The original Engineer of Record (EOR) did the first drainage plan and used surface swales for the subdivision. The current FOR changed the original drainage plan and incorporated exfiltration trenches and eliminated a couple of the surface swales. The easements being eliminated / abandoned on Lots C and D (easement abandonment for http: // itwebapp/ Agendalntranet /Blueshect.aspx ?ltemlD= 6193 &McetingID =395 11/30/2012 Coversheet Page 2 of 2 Lot D is a separate agenda item on the November 20, 2012 meeting) are easements that are no longer needed because those surface swales have been eliminated and replaced with exfiltration trenches. RECOMMENDATION By motion, approve Resolution No. 54 -12 to abandon a 71 foot section of a 12 feet drainage easement located on the property at 1207 Hammond Road, within Lot C, Lane Subdivision, according to the Plat thereof, recorded in Plat Book 91, Pages 183 through 184 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(N)(5), Abandonment of Public Easements, of the Land Development Regulations. http: / /itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemID= 6193 &MeetinglD=395 11/30/2012 F999 %,n. R/W RIGHT OF WAY 0.R.8 OFFICIAL RECORDS BOOK P.H. PLAT BOOK PG PAGE P.O.0 POINT OF COMUFMCbWENT P,aB POINT OF REGNNING P.O.T POINT OIL TERMINUS C/L CFN7ER LINE U. E, U77UTY EASLWENT SKETCH & LEGAL DESCRIPTfON THIS IS NOT A SURVEY IPLANNING O P _ E EXHIBIT "A" OCT 2 5 2012 & ZOP41NO CRESTWOOD PB 23, PG 161 DESCRIPTION, A PARCEL OF LAND LYING IN LOT C, LANE SUBDIVISION RECORDED IN PLAT BOOK 97, PAGE 183, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS THE SOUTH 71.00 FEET OF THE NORTH 83.00 FEET OF THE WEST 12.00 FEET OF SAID LOT C. CONTAINING 852 SQUARE FEET BRUCE CARTER & ASSOCIATES, INC. SURVEYORS - PLANNERS 405 S.E. 61-H AVE. (SCUTH FEDERAL HIGHWAY) DELRAY BEACH, FLORIDA 33483 PHONE (560- 265 -1910 / FAX (561)- 265 -1919 LANE SUBDIVISION - DRAINAGE EASEMENT ABANDONMENT THIS SKETCH fS NOT VALID UNLESS IT BEARS AN ORIGIONAL SIGNATURE AND AN E47JGSSED SURVe $ r' SEAL. 1} BR N CAR7F1i REW'STEREO bIND SURVFMR #2963 STATE OF FLORIDA DATE 10-- 24--12 DRAWN BY BC F.B./ PG. NA 1�CALE NTS PAGE 1 OF 1 N 89'06' 09 "E 127.21' N NOT TO BE ABANDONED 17 DRAAA� EASM +T PLAT Mx m. m 153 ._. -- — — � --- - - — — — - - --- °` -- --1 9,45' N I N r J tr �RN1tAt£ FASEYESiT I— IL N g SOUTH 71.0', OF THE PLAT Af 0. P0. 187 I ° NORTH 83,0 OF THE in WEST 12,0' LOT C TO BE ABANDONED 852 SQUARE FEET I I 1r '` I a d Z LOT C i I I Ww x Ln o I x � ----------- / w HAMMOND ROAD N89`06'09 "E S89'06'09 W — — — - -- — — — — — 127.21 — — _ — 12.79 � I w— 0 — — ---- --- - - - --- ?3a LOT A LOT B „V DESCRIPTION, A PARCEL OF LAND LYING IN LOT C, LANE SUBDIVISION RECORDED IN PLAT BOOK 97, PAGE 183, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS THE SOUTH 71.00 FEET OF THE NORTH 83.00 FEET OF THE WEST 12.00 FEET OF SAID LOT C. CONTAINING 852 SQUARE FEET BRUCE CARTER & ASSOCIATES, INC. SURVEYORS - PLANNERS 405 S.E. 61-H AVE. (SCUTH FEDERAL HIGHWAY) DELRAY BEACH, FLORIDA 33483 PHONE (560- 265 -1910 / FAX (561)- 265 -1919 LANE SUBDIVISION - DRAINAGE EASEMENT ABANDONMENT THIS SKETCH fS NOT VALID UNLESS IT BEARS AN ORIGIONAL SIGNATURE AND AN E47JGSSED SURVe $ r' SEAL. 1} BR N CAR7F1i REW'STEREO bIND SURVFMR #2963 STATE OF FLORIDA DATE 10-- 24--12 DRAWN BY BC F.B./ PG. NA 1�CALE NTS PAGE 1 OF 1 I CRESTWOOD DRIVE w `'�' LOCATION MAP Q I HAMMOND RD. i Ln —1 3: F--] w 0 z Q HARBOR DRIVE SUBJECT PROPERTY 1207 HAMM4ND ROAD ABnran°NnlErrr EASEMENT ABANDONMENT PLANNING AND ZONING — DEPARTMENT -- D1617AL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File — Cab \Z —LIB 1001- 1500 \LM1362_1207 Hammond Road Easement Abandonment `'�' LOCATION MAP O Q W Z �M F- Z W T O LL,�oo LL W QU� Q xN4yD O U ~ L) CL in � �oo�FWo :z O �U iuzop L) a o w in 7: o0 NG�4LQ N. r�aOa �W O _.V) N z 1-OaC)= Or- W�U m� o°o�0 ¢rz��s LL N W W °Z2CD '0 o 0.p <, ¢ O LU � IM, ¢0, N 2. U warm 03ao� a a ,ys gi a sa ssd" o y „� g oa °Fa gym° »ym' v P., pal 3aF a+ �. "a "mo�a Wli CIF MF x o �m., g- °� "ymm" d a a a oWWH ONO °a� M o a as %EEa" '"m" Im F x,04 oYyHo �o �ss:�F�o r s�,�5 ' a o Ms`s "p��& hem° ao a g ° »a Aso o� MME. o rya s h8 �.I°FN 7 ` o° S. El da•. �a a �� o F;pzy ", °� F� c Viz= o oMw �_ h 5m, . -Rav Amy Eotl Ems RV o „°� °aRqq no o a i- 9 gip„ o; anzs.s a .. P tsra¢ . a wk� rx: =P ,�o F� dog in s� �ee I��s gg as F "RImMoU33 ao�s RIM _0 0 D W a J 4 oa W�wO Up0LL azp NNaO O N�aaN W��IyJ�Z fALL am�7 O 0. 0 aaaa�y '1+ "mow p p a C, 7 J N mZ�VNd n°oFo li! H m d U d J-x a= az �[AZ �'N z -0= OIL w6 UU¢ PO¢06m am-Z DO 4F,NU� C, a o rz�c� LL gp=a p ao ir U Z w 4 m m Q O 0. °t= g - ° hit jib ge ; M7 R���amaa - �5 �o { W V EI-5P -5 N011035 3NIl 15P3 ,. m 'OE'9i3i N.SS.EF.104 1--.W CC crD W 4 CL d cc ZY _� co Q 61 I LC7 g O aI [� W E 11i t7 � I I CL y CL I -1 O u I [D (D � I �I ['U I .OL 911 3.15.00 SOS I• V7 WI r m<1 _ __ IT U m1 I� W U m ED cn° uj o r+'i 3 CU — �t„ - -___- - , ,oa'oaF 3.IS.00. ins ue as NI F- U) ¢ W d H Y L Q W Q 1 TI "I �. ,£L -SIF 3�I5.00.705 NI "`_____� Ih ;� ,Y2'19 W lf7 J d (!a .9Z '1I I' 3,1 00.105 91, 004E 1 ew i C3- o ¢ poi 'i =� 1^ 1 1Y w Z m E3- m l . U LL� "s �, I W a' M " _ W I w l "�s� Sw 1 1 �g .^, 5 � o, J �' C1 N "FFL '�, II �- "kt d I.v I ,SZ M.I5,00.I6N dr 9FI N.I5 ,00.70N .00'COT k.F5.E5 fN L D I ' I Y cr W aYt�l F- I_ I 1fO Z0 m�oo &a o V!P a s �4CL E - I ¢� ea3 ,09'Zil m I A1'S '00 COT N.IS,OO.FON ID is .9 'e M�91is3i pun SK3HdNP n 3NI1831N33 K-iS ,OO.i ON 3nN3AV SM3dONV mI -- -- -- - _ —.-- 39VAR_. LEGEND SKETCH & LEGAL DESCRIPTION 161 127.21' R/1N O.R.8 RIGHT OF WAY OFF70UL RECORDS BOOK THIS IS NOT A SURVEY � lE l� P.B. PLAT BOOK Li 77 "" Boars " PO. . PG PAGE EXHIBIT A P.O. C POINT OF COMMENCEMENT - ._. 9.45' I G r 2 C2012 P.O. B POINT OF BEGINNING d I P.O. T POINT OF TERA4114US J U E CENTER LINE U77"TY EASFMENT P( ANNlNG g SOUTH 71.0' OF THE & zGNlNG I � I N BRUCE CARTER & ASSOCIATES, INC- SURVEYORS -PLANNERS 405 S.E. 6TH AVE, (SOUTH FEDERAL HIGHWAY) DELRAY BEACH, FLORIDA 35483 PHONE (561)- 265 -1910 / FAX (561) -265 -1919 LANE SUBDIVISION - DRAINAGE E/- \SEMENT A3ANDONMI-N I 7MS SKETCH IS NOT VALID UNLESS IT BEARS AN OMCIONAL. 9GHP.TURE AND AN EWBOSSED SURVE SEAL `I l� I l BR N CARTER REGISTERED LAND SURVEM? }'2953 STATE OF FLORIDA DATE 10-24-121 F.Q./ PG. NA SCALE NTS PAGF 1 OF 1 CRESTWOOD PB 23, PG N89'06'09 "E 161 127.21' Q 17 DRUNAGL EASEMENT N NOT TO SE ABANDONED T "" Boars " PO. . - - ---- — — — — — — — -- — — - --- — — - ._. 9.45' _ N I EV O J k DRmAGE EASEMENT g SOUTH 71.0' OF THE PLAT BOOR 41. P6 183 I � I N NORTH 83.3' OF THE I I m WEST 12.0' LOT C 2 — TO BE ABANDONED 852 SOUARE FFET I I _ o o LOT C I I I Q � 1 I z E1 f o Ln I oo V0 � Z w Ln N89- 06'09 "E S89 - - -- _ 127.21 12.79 I 6 OT A LOT B «r� DESCRIPTION, A PARCEL OF LAND LYING IN LOT C, LANE SUBDIVISION RECORDED IN PLAT BOOK 91, PAGE 183, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: THE SOUTH 71.00 FEET OF THE NORTH 83.00 FEET OF THE WEST 12.00 FEET OF SAID LOT C. CONTAINING 852 SQUARE FEET BRUCE CARTER & ASSOCIATES, INC- SURVEYORS -PLANNERS 405 S.E. 6TH AVE, (SOUTH FEDERAL HIGHWAY) DELRAY BEACH, FLORIDA 35483 PHONE (561)- 265 -1910 / FAX (561) -265 -1919 LANE SUBDIVISION - DRAINAGE E/- \SEMENT A3ANDONMI-N I 7MS SKETCH IS NOT VALID UNLESS IT BEARS AN OMCIONAL. 9GHP.TURE AND AN EWBOSSED SURVE SEAL `I l� I l BR N CARTER REGISTERED LAND SURVEM? }'2953 STATE OF FLORIDA DATE 10-24-121 F.Q./ PG. NA SCALE NTS PAGF 1 OF 1