Res 36-05
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RESOLUTION NO, 36-05
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A 16-FOOT WIDE UTILITY EASEMENT
RETAINED WITH RESOLUTION 26-99, AS RECORDED
IN ORB 17701, PAGE 859, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A",
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a 16 foot wide utility easement retained with City Resolution 26-99, as recorded
in Official Records Book 17701, Page 859, Public Records of Palm Beach County, Florida, as
more particularly described in Exhibit "A"; said easement being located within a portion of Block
83, Plat of the Town of Linton (Now Delray);
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 RESOL YED 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"
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0~ PASSED AND ADOPTED in regular session on this the l~ay of
,2005.
~l4_
ATTEST:
~~.~~
City Clerk
i
i
2
Resolution No. 36-05
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Exhibit" A"
Easement Description
16' Utility Easement to be Abandoned
The west half (8') of the abandoned 16' alleyway lying adjacent to Lot 5, 6, 7 and 8 of Block 83,
Town of Linton (Now Delray Beach) according to the plat thereof as recorded in Plat Book 1,
Page 3 of the Public Records of Palm Beach County, Florida;
Together with:
The east half(8') of the abandoned 16' alleyway lying adjacent to Lot 13, 14, 15 and 16 of Block
83, Town of Linton (Now Delray Beach) according to the plat thereof as recorded in Plat Book
1, Page 3 of the Public Records of Palm Beach County, Florida.
Containing 4,899 square feet, more or less.
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Resolution No. 36-05
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06
~ CITY COMMISSION DOCUMENTATION f1
TO: DAVI~~EEAGER
THRU: PAUL ~LlNG,~EC OF PLANNING & ZONING
FROM: NGUY ~ 10 LANNER
SUBJECT: MEETING OF JUNE 7, 2005 *** CONSENT AGENDA ***
ABANDONMENT OF A 16-FOOT WIDE UTILITY EASEMENT RETAINED WITH
RESOLUTION 26-99 IN ASSOCIATION WITH THE CREATIONS DEVELOPMENT
(NOW KNOWN AS ASTOR CONDOMINIUM DEVELOPMENT), LOCATED AT THE
NORTHEAST CORNER OF PINEAPPLE GROVE WAY (NE 2ND AVENUE) AND NE
1ST STREET,
I BACKGROUND f
The request involves abandoning a north-south, 16-foot wide utility easement retained with
abandonment Resolution 26-99. The subject area is located at the northeast corner of
Pineapple Grove Way and NE 1st Street (aka Creations of Delray Beach).
Creations of De/ray Beach Development received Site Plan approval on June 21, 2000.
The subject property consisted of Lots 1-8, Lots 13-16 and a portion of the 16' wide north-
south alleyway within Block 83, Town of Linton Plat. As part of the Creations development,
a portion of the 16' wide north-south alley right-of-way adjacent to Lots 1-8 and Lots 13-16
was abandoned, a new 16' east-west alley right-of-way was rededicated and a utility
easement was retained over the entire abandonment area to cover an existing 8" sewer
main. The site is being platted as Villas in the Grove (now known as Astor Condominiums)
concurrent with this abandonment of easement request.
Pursuant to LOR Section 2.4.6 (N) (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 as a replacement easement is provided.
The relocation and/or removal of existing utilities have been adequately addressed on the
engineering plans and all necessary easements have been provided on the plat. In
addition, a composite utility plan showing existing and proposed utilities was submitted and
signed off by a representative of each utility company (FP&L, Adelphia Cable, BellSouth
and Florida Public Utilities Company).
I RECOMMENDED ACTION f
By motion, approve the abandonment of a 16-foot wide utility easement retained with
abandonment Resolution 26-99 as recorded in Official Records Book 17701, Page 859, 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(N)(5) (Required Findings for the Abandonment of Public Easements) of the Land
Development Regulations.
Atlachments:
. Location Map
. Abandonment Resolution
S IPlannlng & ZonlnglBOARDSICITY COMMISSIONlAbandonment of Easement-Block 83 Villas In the Grove doc
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- - ABANDONMENT -
CITY OF DELRAY BEACH. FL (16' Wide Utility Easement retained with Resolution 26-99, Block 83, Town of Delray)
PLANNING & ZONING DEPARTMENT
-- DIGITAL BASE MAP SYSTEM -- MAP REF LM323
RESOLUTION NO. 36-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
A 16-FOOT WIDE UTILITY EASEMENT RETAINED WITH
RESOLUTION 26-99, AS RECORDED IN ORB 17701, PAGE 859, AS
MORE P ARTICULARL Y DESCRIBED IN EXHIBIT "A".
WHEREAS, the City of Delray Beach, Flonda, received an apphcation for abandonment
of a 16 foot wide utility easement retained with City ResolutIon 26-99, as recorded in Official Records
Book 17701, Page 859, Public Records of Palm Beach County, Florida, as more particularly described in
ExhibIt "A"; said easement beillg located WIthin a portion of Block 83, Plat of the Town of LInton (Now
Delray);
WHEREAS, the apphcation 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, Flonda; 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 CommisslOn of the City of Delray Beach, Florida, pursuant to LDR
Section 2.4.6(N)(5), finds that the abandonment will not result ill 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 Deltay Beach to vacate
and abandon said easement, as more partIcularly described ill 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 ,2005.
MAYOR
ATTEST:
City Clerk
Exhibit" A"
Easement Description
16' Utility Easement to be Abandoned
The west half (8') of the abandoned 16' alleyway lying adjacent to Lot 5, 6, 7 and 8 of Block 83, Town
of Linton (Now Delray Beach) according to the plat thereof as recorded in Plat Book 1, Page 3 of the
Public Records of Palm Beach County, Florida;
Together with:
The east half (8') of the abandoned 16' alleyway lying adjacent to Lot 13, 14, 15 and 16 of Block 83,
Town of Linton (Now Delray Beach) according to the plat thereof as recorded in Plat Book 1, Page 3 of
the Public Records of Palm Beach County, Florida.
Containing 4,899 square feet, more or less.
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Resolution No. 36-05