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
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LECEND
° NOT TO BE ABANDONED
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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
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° NOT TO BE ABANDONED
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SOUTH 71.0' OF 111E
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NORTH 83.0' OF THE
WEST 12.0' LOT C
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TO BE ABANDONED
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MAT BOON 01. P0. I
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225 M(.YiESS- EliEli ...r ^I U-1 I---
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PLAT HOOK 91, M 183 I i
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LOT C
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HAMMOND ROAD
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--------------
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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
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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
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SKETCH & LEGAL DESCRIPTION
161
127.21'
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RIGHT OF WAY
OFF70UL RECORDS BOOK
THIS IS NOT A SURVEY
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P.O. C
POINT OF COMMENCEMENT
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P.O. B
POINT OF BEGINNING
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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
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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. .
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— — -- — — - --- — —
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SOUTH 71.0' OF THE
PLAT BOOR 41. P6 183
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NORTH 83.3' OF THE
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2 — TO BE ABANDONED
852 SOUARE FFET
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12.79
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OT A
LOT
B
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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