Res 88-04
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RESOLUTION NO. 88-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A 10-FOOT WIDE DRAINAGE
EASEMENT LYING BETWEEN LOTS 167 AND 168, 2ND
SECTION TROPIC ISLE, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 24 AT PAGE
246 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA AS MORE PARTICULARLY
DESCRIBED BY EXHIBIT "A".
WHEREAS. the City of Dekay Beach. Florida. received an application for
abandonment of a 10-foot wide drainage easement as shown on the plat of the 2nd Section. Tropic
Isle. as more particularly described in Exhibit "An. said property being located at the southeast
comer of Allamanda Drive and Spanish Trail; and
WHEREAS. the application for abandonment of said easement was processed
pursuant to Section 2.4.6(p). "Abandonment of Public Easements". of the Land Development
Regulations of the City of Dekay Beach. Florida; and
WHEREAS. pursuant to LDR Section 2.4.6(p) (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 Dekay Beach. Florida. pursuant
to LDR Section 2.4.6(p)(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 Dekay Beach to vacate and abandon said easement. as more particularly described
in Exhibit "An.
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 177.101 (5) 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 in Exhibit "An.
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PASSED AND ADOPTED in regular session on this the lc~ day of ~~ .2004.
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ATTEST:
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City Clerk
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Resolution No. 88-04
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6125 STIRLING ROAD DAVIE (954)587-2100
DAVIE. FLORIDA 33314 BOCA (407)488-9628
FAX (954)587-5418
.AlP n /Y) i/L".
SURVEYING,
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INC.
LB NO. 5495
Exhibit "A"
PROPOSED 10' DRAINAGE EASEMENT
THE SOUTHERLY 10 FEET LOT 168
AS SHOWN ON THE "2ND SECTION, TROPIC ISLE', ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 24, PAGE
246, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
SAID LANDS CONTAIN 1155.91 SQUARE FEET MORE OR LESS.
SKETCH AND LEGAL DESCRIPTION
NOTES
-
,. ASS\MI) IIE'N!fNG BASE: THE CEHmlUH£ OF ~ _ IIfNtS
H.WOO"OO"E. NiO ÞU 01HER ØEAAINGS D£PK:m) HEREON ME R£lATM: 1H£R£"IO.
2. THE IN« $ SHOWN H£REOH KRE HOT ABSTRACTED BY 1HfS OfFICE FOR £ASDI£HTS. RIGHf-OF-WA)'S.
OWNERSHIP OR 01HER IHSTRUI/ENTS OF ÆroRO.
2 THE L£CIL ~ NiO "!HE ACCOI/PIMIHG SKETCH OO£S HOT CONS1mITE A lAHO SURYEY
INVOICE # 24027PDE
ATlANTIC COAST SURVEYING. INC.
SHEET 1 OF 2
~~M ~rr10/13/04 PJS
ClYDE" M E"Al. PROFESSIONAl lAND SURVEYOR FLORIDA CERTIFICATION NO. 2883
LEGEND
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
~ AND MAPPER.
P.D.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
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,
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
JEFF COSTELLO, ASSISTANT DIREC
NGUYEN TRAN, SENIOR PLANNER
MEETING OF DECEMBER 6, 2004 *CONSENT AGENDA*
ABANDONMENT OF A 10-FOOT WIDE DRAINAGE EASEMENT LYING
BETWEEN LOT 167 AND LOT 168, 2ND SECTION OF TROPIC ISLE
PLAT AND ACCEPTANCE OF A NEW EASEMENT DEED.
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CITY COMMISSION DOCUMENTATION
:r:ING & ZONING
BACKGROUND
The request involves abandoning a 10-foot wide drainage easement lying between Lot 167 &
Lot 168 of Tropic Isle Subdivision, generally located at the southeast corner of Allamanda Drive
and Spanish Trail. The 10' wide drainage easement was created with the recordation of the plat
of the 2nd Section, Tropic Isle Plat (Plat Book 24, Page 246) in October of 1956.
The site previously contained a single family residence constructed across both lots and was
recently demolished to accommodate a new single family residence in the same general
location. During construction of the new single family residence, an active drainage line
(located beneath the previous residence) was damaged. This drainage line and the dedicated
easement were not identified on the survey, and it was discovered that the publicly dedicated
drainage easement was never abandoned.
The abandonment request was submitted by Vitcar Consulting Co., Inc. on behalf of the
property owner, Mr. Angelo Morales. The owner intends to abandon this drainage easement
and relocate the drainage line along the southerly 10' of Lot 168 in a rededicated easement
area.
Pursuant to LDR Section 2.4.6 (P) (5) the following finding must be made prior the City
Commission granting an abandonment of a public easement: The abandonment will not result in
the detriment for the provision of utility services to the adjacent properties or the general area.
The City's Environmental Services Department is currently working with the developer to
relocate this drainage line into a newly dedicated easement area; therefore, this abandonment
will not result in the detriment for the provision of utility services to the adjacent properties or the
general area. Since this is an abandonment of a specific easement and not a general
easement, Florida Power & Light, Adelphia Cable, Florida Public Utilities Co. (gas) and
BellSouth would not have an interest in this request and therefore is not required to comment.
RECOMMENDED ACTION
By motion, approve the abandonment of a 10-foot wide drainage easement lying between Lot
167 and Lot 168, as dedicated on 2nd Section, Tropic Isle Plat, and acceptance of a new
drainage easement, by adopting the findings of fact and law contained in the staff report, and
finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.6(P)(5) (Required Findings for the Abandonment of Public Easements) of the Land
Development Regulations.
Attachments:
Location Map
Abandonment Resolution
Survey and Legal Description of Area to be Abandoned
Easement Deed
S IPlannong & Zonong\BOARDS\CITY COMMISSIONlMorales Residence-Easement Abandonment doc
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PLANNING '" ZONING DEPARTMENT
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ABANDONMENT OF EASEMENT
910 ALLAMANDA DRIVE
MAP REF LM794
RESOLUTION NO. 88-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
1 O-FOOT WIDE DRAINAGE EASEMENT LYING BETWEEN LOTS
167 AND 168, 2ND SECTION TROPIC ISLE, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 24 AT PAGE
246 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA AS MORE PARTICULARLY DESCRIBED BY EXHIBIT
"A" .
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a 10-foot wide drainage easement as shown on the plat of the 2nd Section,
Tropic Isle, as more particularly described in Exhibit "A", said property being located at the
southeast corner of Allamanda Drive and Spanish Trail; and
WHEREAS, the application for abandonment of said easement was processed
pursuant to Section 2.4.6(P), "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(P)(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(P)(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 177.101 (5) 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 in Exhibit "A",
PASSED AND ADOPTED in regular session on this the _ day of
2004.
MAYOR
ATTEST:
City Clerk
2
Resolution No. 88-04
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SURVEYING, INC.
LB NO. 5495
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6125 STIRLING ROAD DAVIE (954)587-2100 ,
DAVIE, FLORIDA 33314 BOCA (407)488-9628
FAX (954)587-5418
EXHIBIT A
DRAINAGE EASEMENT TO BE VACATED
THE 10 FOOT DRAINAGE EASEMENT CENTERED ON THE COMMON
LOT LINE OF LOTS 167 AND 168 AS SHOWN ON THE " 2ND
5'ECT/O/'vT, TROPIC /5'LE', ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 24, PAGE 246, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
SAID LANDS CONTAIN 1211.42 SQUARE FEET MORE OR LESS.
SKETCH AND LEGAL DESCRIPTION
NOTES
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I ASSUU£O 8£AR/HG lIAS£. 1HE C£Hr[RlJHE OF ÞUMI>HOA _ IIfNtS
H !IO'OO·OO""£ NiO ÞU 01HER II£ARIHGS DEPICT£!) HEREON ME R£lATM: 1H£R£TO
2 THE lMOS SHOWN HEREON KRE HOT ABSTRACTED BY 1HIS omc£ fOR £ASOIEWTS. RIGHT-OF -WA)'S.
OWNERSHIP OR OTHER INSTRUI/£WTS OF RECúRD.
2 THE L£G.IoL DESCRIPTION N<O 1HE ACCOWPIN'fING SKETCH OO£S NOT COHS1InnE A I.NK} SUII'ÆY
INVOICE I 24027VAC
ATLANTIC COAST SURVEYING. INC.
SHEET 1 OF 2
BY/ .A.....-/_ /V1 ~ ~ DATE 10/13/04 PJS
~ ~;K;R;'E"SSIONAl lAND SURVEYOR T FLORIDA CERTIFICATION NO. 2883
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
~ AND MAPPER.
LEGEND
P.D.B. POINT OF BEGINNING
P.D.C. POINT OF COMMENCEMENT
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CURVE TABLE
SHEET 2 OF 2
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Prepared by: RETURN:
R. Brian Shutt; Esq,
City Attomcýs 0fIice
200 N.W. 1st AvCll11C
Dekay Beach. Florida. 33444
EASEMENT DEED
THIS IÑDENI1JRR made this ~'1' day of ~v. r; 200t by and between
-AnJe-/() Îh<J'r"d Ie "::. ~ with a m";1ing address of 9/0 J(ÁIY'Q"'¿ Jr ~{rlt~ ~&I-party
of the first part, and the CITY OF DELRAY BEACH, with a mailing addIess of 160 N.W. 1st
Avenue, DeJray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of
Florida, party of the second part:
WITNESSETH: That the party of the :fu:st part, for and in consideration of the mutual
promises herein contained and other good and valuable considerations, does hereby grant,
bargain. sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement fo1' the purpose of the construction and maintenance of public
utiJities with full and free right, liberty, and authority to enter upon and to install, operate, and
maintain such utiJities well under, across, through and upon, over, under or within the following
described property located in Pahn Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit C'A"
Concomitant and coextensive with this right is the further right in the party of the second
party~ its successors and assigns" of ingress and egress over and on that portion of land descnDed
above, to effect the purposes of the easement. as expressed hereinafter.
That this easement sba1l be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release or subordination of any
and a1t mortgages or liens encwnbering this easement The -party of the :first part also agrees to
erect 00 buildìng or effect any other kind of construction or improvements upon the above-
descnòed property. .
It is understood that upon completion of such construction, a1llands dist1Jrbe4 thereby as
a result of such construction performed thereon, will be restored to its original or Iilœ condition
without expense to the property owner.
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party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that ít
has good right and lawful authority to grant the above-described easement and that the same is
Wlencumbered except as provided above. Where the context of this Easement Deed a1lows òr
permits. the same shaJl include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
n
(name printed or typed)
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(name printed or typed) .
STATE OF Flòy/c!O-
COUNTY OF Po.-/ w-.. & a.. c.-L
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The fure&oing ~ was aclϿwlodged before me Ibis -0 day of
/l/u V . 200 by do /J1 (/N?l/e So (name of offi~ agent), of
N / ~. (name of corporation~~ (State or place of
incorporation) cor:poratio~ on behalf of the COIpOI8.tion. H i peæeøally Jœøwn to me or
has producedl-:l# ífI b£/J-ooI6g lOIJ (type of identification) as identification and did/did
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(SEAL)
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S'm~YPv.'\ o~~ancy. Morra
= . . . :Commission # DD247'154
~ ;:?1~ Expires ~ 12.,200'1
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""'"I'" Atlantk Bonding cø.. Im=.
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6125 STIRLING ROAD DAVIE (954)587-2100
DAVIE, FLORIDA 33314 BOCA (407)488-9628
FAX (954)587-5418
A/Pn. ,ilr¿
~
SURVEYING, INC.
LB NO. 5495
-
Exhibit "An
--
PROPOSED 10' DRAINAGE EASEMENT
THE SOUTHERLY 10 FEET LOT 168
AS SHOWN ON THE "2ND SECTION, TROPIC ISLE', ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 24, PAGE
246, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
SAID LANDS CONTAIN 1155.91 SQUARE FEET MORE OR LESS.
SKETCH AND LEGAL DESCRIPTION
NOTES
-
t. ASS\MI) II£ARING Ø4S(. TIfE CEHmlUH£ OF ~ _ IIfNtS
H.WOO"OO'"E. NIO ÞU 01HER S£ARfNCS D£PK:m) HEREON ME R£lATM: lHERETO.
2. THE LN«IS SHOWN HEREDH _ HOT ABSTRACTED BY 1tiIS 0ff1Œ FOR £ASDI£NT>. RIGHT-Of"-WA)'S.
OWNERSHf' OR OTHER IHSTRUI/ENTS OF ÆroRO.
2. THE L£CAI. ~ NIO 1H£ ACCOtIPIMIHG SIC£1CH OO£S HOT CONS1mITE A lAHO SUfI\IEY
INVOICE # 24027PDE
ATlANTIC COAST SURVEYING. INC.
SHEET 1 OF 2
~~Æ1 ~rr10/13/04 PJS
ClYDE" E"Al. PROFESSIONAl lAND SURVEYOR FLORIDA CERTIFICATION NO. 2883
LEGEND
NOT VAlID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAl OF A FLORIDA LICENSED SURVEYOR
~ AND MAPPER.
P.O.B. POIHT Of' BEGINNING
P.O.C. POIHT Of' COMIÆNCOIENT
A
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CURVE TABLE
SHEET 2 OF 2
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
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