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Res 55-12[R4 OF DELRRY BEREH D£LRAY BEACH boftd All-America City I I 1993 2001 111IIIIIIIIII11IIIIIN11III11III11III11IIIIl111111 100 N. W. act AVENUE • DELRAY BEACH, FLORIDA 33444 a CERTIFICATION cil F rrI 0 ry 561 /243- 70001 - rn r M 0 I, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray I m Beach, do hereby certify that the attached document is a true and correct 'Tj t,:F copy of Resolution No. 55 -12, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 20th day of November 2012. q 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 M January 2013. �L n� gar ,. y Chevelle D. Nubin, MMC City Clerk City of Delray Beach, Florida <? CE " PERFORMANCE ° INTEGRITY - RESPONSIBLE - INNOVATIVE • TEAMWOPK f� r +sa c� RESOLUTION NO. 55 -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 1211 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 a 103.7 foot section 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 1211 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 Commissioni with a recommendation from the City Engineer; and WHEREAS, the City Commission of the City of Delray Beach, Florida, putsuant 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" Section 3. This Resolution shall take effect immediately upon passage. �� PASSED AND ADOPTED in r regular session on thi4Iq2f6q U day of , 2012,. ATTEST: �\ City Clerk MAYO 2 RES. NO. 55-12 LEGEND R/W RIGHT OF WAY O.R.B DFFTCIAL RECORDS BOOK P.B. PLAT BOOK PC PAGE P.O.0 POINT OF COMMENCEMENT P.0.8 POINT OF BEGINNING P_D.T POINT OF TERMINUS C/L CENTER LINE U. E. UTILITY EASEMENT SKETCH & LEGAL DESCRIPTION THIS IS NOT A SURVEY EXHIBIT "A" DECE9V[E E� � 10 PLANNING & ZONING FLAT LUTS v Pala, NORTH 12.0' LOT D N89'06'09'E 110.00 12' p1AMIACE Err NOT TO BE ABANDONEb ° PUTT BOOK 91, P6 183 \ F- — _ — — . ^-- --- — T I I i BNJHAJ FA �Y I I I- PLAT DUCK 81. PG. 183 I TO BE ABANDONED I 1,244 SQUARE FEET-11 EAST 12.0' LOT D I b o n I LESS NORTH 12.0' n U I I(j o i LOT D o s 1 � I �g L, C3 O W o cn J Z o a _Z s ?43 I HAMEMOND ROAD K89V8'O9'E 287.11' S89'06'09 "W 110.00' PLAT X15 \ HANCOCK SUBBM:JO14 (PS 78 PC 175) PLAT 111115 z s x lewl DESCRIPTION, A PARCEL OF LAND LYING IN LOT D, LANE SUBDIVISION RECORDED IN PLAT BOOK 91, PAGE 183, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: THE EAST 12.00 FEET OF SAID LOT D, LESS THE NORTH 12.00 FEET THEREOF. CONTAINING 1244 SQUARE FEET BRUCE CARTER & ASSOCIATES, INC. SURVEYORS- PLANNERS 405 S.E, 6TH AVE. (SOUTH FEDERAL HIGHWAY) DELRAY BEACH, FLORIDA 33483 PHONE (561) - 265 -1910 / FAX (561) -265 -1919 LANE SUBDIVISION - DRAINAGE EASEMENT ABANDONMENT HIS SKETGh `1 `46'1 '4L 1NLESv IT 9E_ARS AN )RI001VAL SIGMA ATW, AN4- W EAd60SSEb,,W'LfYDRS ;EAL. ' TRUCE N CARTER- ?EGISTERED 'LAND - SURVEYOR !2963 - -TA 7E,OF aORIDA DATE 1024 -12 DRAWN BY BC F. FIG. NA SCALE NTS PAGE 1 OF 1 CITY OF DELRRY BERIH DELRAY BEACH All-America City 1 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. 55 -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, I 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 • 1' ERFQRMANCE - INTEGRITY - RESPONSIBLE • INNOVATTVE - TEAMWORK RESOLUTION NO. 55 -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 1211 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 a 103.7 foot section of a 12 foot wide drainage easement dedicated to the lot owners via the Plat of "Lane Subdivision ", as recorded in Plat Boob 91, Pages 183 through 184 of the Public Records of Palm Beach County,. Florida, located at 1211 Hammond Road, and as more particularly described in Exhibit "A "; and WHEREAS, the application for abandonment of said easement was processed pursuant to Section 24.6(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" Section 3. This Resolution shall take effect imrmediately upon passage. r-� PASSED AND ADOPTED in regular session. on this t )� day of , 2012. W4 Q!� ATTEST: City Clerk MAYO 2 RES, NO. 55 -12 LEGEND R/W RIGHT OF WAY O. R. D OFFICIAL RECORDS BOOK P. a. PLAT BOOK PG PAGE P.O.0 POINT OF COMMENCEMENT P.O.B POINT OF BEGINNING P-0. T POINT OF 7ERMINUS C/L CENTER LINE U. E, UTILITY EASEMENT PLAT LOTS —\ I 225 INGRESS-MRM ! ORMUGE EASD"T PuT L1CCK 61, PG 1133 I I o U I �2 U I � I ° 0 HAMMOND ROAD N89G6 we 287.11' SKETCH & LEGAL DESCRIPTION THIS IS NOT A SURVEY EXHIBIT "A" o�TG ag y PQ,. NORTH 12.1 LOT D N89 06 09 E 1 l aA0 ,296' F— I I I I D ECIENWIlE OCT 2 5 2012 PLANNING & ZONING 12' PLAT BOOK CAW 6104T NOT TO BE ABP l PLAT tvoolc s1, PLAT ULUTS TO BE ABANDONED 1,244 SQUARE FEET---U"� EAST 120' LOT D I LESS NORTH 12.0' LOT D O I d r O a 0 r � w Lu o 0 to Ln o °I 0 0 F3 I I I S89*06'09 °w X0.00 ` PLAT LUTS IMNCOGX SUEMMU N (PB 76 PC 173) DESCRIPTION; A PARCEL OF LAND LYING IN LOT D, LANE SUBDIVISION RECORDED IN PLAT BOOK 91, PAGE 183, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: THE EAST 12.00 FEET OF SAID LOT D, LESS THE NORTH 12.00 FEET THEREOF. CONTAINING 1244 SQUARE FEET BRUCE CARTER & ASSOCIATES, INC- SURVEYORS - FLANNERS 405 S.E. 6TH AVE. (SOUTH FEDERAL HIGHWAY) DELRAY BEACH, FLORIDA 33483 PHONE (561)- 265 --1910 / FAX (561) -205 -1919 LANE SUBDIVISION - DRAINAGE EASEMENT ABANDONMENT THIS SKETCfs' IS NOT VA? 119, UNLESS IT BEARS AN ORIGIONAL S4CNA)Vf6 AhO AN EM90SSED ;` U,-, W YORS SEAL. BRUCE N CARTER REGISTERED LAND SURbEYC J296J STATE OF FLORIDA DATE 10 -24 -12 F.3, FG. NA kCALE NTS FACE 1 OF 1 Coversheet _U._ _ _ _►1OMAN] r 1 U 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 8.E. -REGULAR COMMISSION MEETING OF NOVEMBER 20, 2012 RESOLUTION NO. 55 -12 / ABANDONMENT OF DRAINAGE EASEMENT: 1211 HAMMOND ROAD ITEM BEFORE COMMISSION The request involves the abandonment a portion of a 12' drainage easement located on the property at 1211 Hammond Road, within Lot. D, 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 D is located along the east 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), Comcast 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/ Agendalntranct /Blueshect.aspx ?ltemlD= 6194 &MeetingID -395 11/30/2012 Coversheet Page 2 of 2 Lot C 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. 55 -12 to abandon a 103.7 foot section of a 12 feet drainage easement located on the property at 1211 Hammond Road, within Lot D, 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 ?ltemlD =6194&.MeetingID -395 11/30/2012 LEGEND R/W RIGHT OF WAY O.R.B OFPC4AL RECORDS BOOK P.B. PLAT BOOK PG PAGE P.O.0 POINT OF COMMENCEMENT R0.2 POW OF REONNING P.O,T POINT OF TERMINUS C/L CENTER LFNE U.£. UTILITY EASSIENT SKETCH & LEGAL DESCRIPTION THIS IS NOT A SURVEY EXHIBIT "A" Ve 2,m4,) NORTH 12.0' LOT D PLAT LUIS N89'dfi'09'E 1 1 Q.OQ WWAW_ Eti9D9,T NOT TO BE ABANDONED ° — Fur D" a,, m 10 �— — — 2]_5' WG CE Lk a" t V [HO+� e�m+r I/ PLAT B" 91. M 187 I { TO BE ABANDONED 1,244 SQUARE FEET I IE [u [E OCT 2 5 L--,d PLANNING & ZONING, S39'06'09°w 1 tit 0.00' \_ PLAT Umm \ Hti\t�CX 77JA,111gOL, (PS 76 PC 175) PLAT UWTS a s DESCRIPTION; A PARCEL OF LAND LYING IN LOT D, LANE SUBDIVISION RECORDED IN PLAT BOOK 9.1, PAGE 183, PALM BEACH COUNTY, FLORIDA, DESC4IBF0 AS FOLLOWS; THE EAST 12.00 FEET OF SAID LOT D, LESS THE NORTH 12.00 FEET THEREOF, CONTAINING 1244 SQUARE FEET BRUCE CARTED & ASSOCIATES, INC. SURVEYCRS - PLANNERS 4C5 S.E. 6TH AVE. (SOUTH FEDERAL HIGHWAY) DELRAY BEACH, FLORIDA 33483 PHONE (561) - 265 -1910 / FAX (561)- 265 -1919 LANE= SUBDIVISON- DRAINAGE EASEMENT ABANDONMENT THIS SKETCFI' IS SNOT UNLESS IT BEARS AN ORIQONAL SIGPWZAqF AN EMBOSSED Y?f W SEAL.: -`�, RUCE N CARTER REGISTERED LAND BURN YOR jf296.T STATE OF FLORIDA DATE 10- -24 -12 'DRAWN BY BC A. PG. NA ,SCALE NTS PAGE 1 QF 1 EAST 12.0' LOT D r1 i1n � I o o I LESS NORTH 12.0' `I�n � � Lo 4] U I 2 HAMMOND ROAD OF- KW 6'09'E 2WAV o J LOT D c. I Yo �_ 1 ww o o [y� 6 3, a I d � 1 d _ LA's o o I Q Vf J S39'06'09°w 1 tit 0.00' \_ PLAT Umm \ Hti\t�CX 77JA,111gOL, (PS 76 PC 175) PLAT UWTS a s DESCRIPTION; A PARCEL OF LAND LYING IN LOT D, LANE SUBDIVISION RECORDED IN PLAT BOOK 9.1, PAGE 183, PALM BEACH COUNTY, FLORIDA, DESC4IBF0 AS FOLLOWS; THE EAST 12.00 FEET OF SAID LOT D, LESS THE NORTH 12.00 FEET THEREOF, CONTAINING 1244 SQUARE FEET BRUCE CARTED & ASSOCIATES, INC. SURVEYCRS - PLANNERS 4C5 S.E. 6TH AVE. (SOUTH FEDERAL HIGHWAY) DELRAY BEACH, FLORIDA 33483 PHONE (561) - 265 -1910 / FAX (561)- 265 -1919 LANE= SUBDIVISON- DRAINAGE EASEMENT ABANDONMENT THIS SKETCFI' IS SNOT UNLESS IT BEARS AN ORIQONAL SIGPWZAqF AN EMBOSSED Y?f W SEAL.: -`�, RUCE N CARTER REGISTERED LAND BURN YOR jf296.T STATE OF FLORIDA DATE 10- -24 -12 'DRAWN BY BC A. PG. NA ,SCALE NTS PAGE 1 QF 1 r1 i1n � `I�n HAMMOND ROAD KW 6'09'E 2WAV S39'06'09°w 1 tit 0.00' \_ PLAT Umm \ Hti\t�CX 77JA,111gOL, (PS 76 PC 175) PLAT UWTS a s DESCRIPTION; A PARCEL OF LAND LYING IN LOT D, LANE SUBDIVISION RECORDED IN PLAT BOOK 9.1, PAGE 183, PALM BEACH COUNTY, FLORIDA, DESC4IBF0 AS FOLLOWS; THE EAST 12.00 FEET OF SAID LOT D, LESS THE NORTH 12.00 FEET THEREOF, CONTAINING 1244 SQUARE FEET BRUCE CARTED & ASSOCIATES, INC. SURVEYCRS - PLANNERS 4C5 S.E. 6TH AVE. (SOUTH FEDERAL HIGHWAY) DELRAY BEACH, FLORIDA 33483 PHONE (561) - 265 -1910 / FAX (561)- 265 -1919 LANE= SUBDIVISON- DRAINAGE EASEMENT ABANDONMENT THIS SKETCFI' IS SNOT UNLESS IT BEARS AN ORIQONAL SIGPWZAqF AN EMBOSSED Y?f W SEAL.: -`�, RUCE N CARTER REGISTERED LAND BURN YOR jf296.T STATE OF FLORIDA DATE 10- -24 -12 'DRAWN BY BC A. PG. NA ,SCALE NTS PAGE 1 QF 1 i CRESTWOOD DRIVE On w - z Q , HAMMOND RD. Lv a z Q HARBOR DRIVE SUBJECT -- DIGZAL BASE AMP 5YST£M -- MAP REF: S: \Planning &Zoning \D6N5 \Filr Cab \Z —LIA 100 — 1506 \LAA�363 -1211 Hammond Road Easement Abandonment -.� -� N PROPERTY 1211 HAMMOND ROAD `, 'j ' � 1 PLANNING AND nsnNnonln�Errr EASEMENT ABANDONMENT \'. � DEPARTMENT�'�' LOCATION MAP n O_ V/ 7 W a U p�W W Q 0 �riQO 4 ° EL Q Z. 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