Res 37-05
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RESOLUTION NO, 37-05
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A SANITARY SEWER EASEMENT
RETAINED DEDICATED BY EASEMENT DEED, AS
RECORDED IN O,R,B, 7137, PAGE 125, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A",
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a sanitary sewer easement dedicated by easement deed, as recorded in Official
Records Book 7137, Page 125, Public Records of Palm Beach County, Florida, as more I
particularly described in Exhibit "Au; said easement being located within Lots 77-82 and a portion
of Tract "Au, plat of Estuary (plat Book 86, Page 75); 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 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 "Au.
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"
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~~ PASSED AND ADOPTED in regular session on this the ~ay of
,2005.
~;~
ATTEST:
~ ~. Nl~L~
City Clerk
2
Resolution No. 37-05
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Exhibit "A"
Easement Description
Sanitary Sewer Easement to be Abandoned
A sanitary sewer easement being a portion of "LA-HACIENDA", according to the plat
thereof, as recorded in Plat Book 15, Page 6 of the Public Records of Palm Beach
County, Florida, and the vacated portion of said plat of "LA-HACIENDA", as vacated per
Resolution No. R-82-17, as recorded in Official Records Book 3662, Page 1600 of the
Public Records of Palm Beach County, Florida, Now known as "Estuary", as recorded in
Plat Book 86, Page 75 of the Public Records of Palm Beach County, Florida, being
more particularly described as follows:
BEGINNING at a point of intersection of the North line of the Plat of "KENMONT", as
recorded in Plat Book 20, Page 65 of the Public Records of Palm Beach County,
Florida, and the East Right-of-Way line of "PALM TRAIL" as shown on said Plat of
"KENMONT"; thence S 89° 27' 43" W along said North line of "KENMONT" a distance of
15.15 feet; thence N 07° 28' 13" E, a distance of 19.75 feet; thence N 84° 47' 56" W, a
distance of 162.51 feet; thence N 43° 48' 56" W, a distance of 89.54 feet to a point of
intersection with a line 30.00 feet East of and parallel with the West line of the now
vacated Lot 21, Block E of Said "LA-HACIENDA"; thence S 08° 03' 23" W along said
parallel line, a distance of 94.05 feet to a point of intersection with the South line of said
vacated Lot 21; thence S 89° 27' 43" W along said South line, a distance of 30.34 feet
to the Southwest corner of said Vacated Lot 21; thence N 08° 03' 23" E along the West
line of said vacated Lot 21, a distance of 80.91 feet to a point of intersection with a line
80.00 feet North of and parallel with the South line of said vacated Lot 21; thence N 89°
27' 43" E along said parallel line, a distance of 15.17 feet to a point of intersection with a
i line 15.00 feet East of and parallel with the West line of said Vacated Lot 21; thence N
08° 03' 23" E along said parallel line, a distance of 26.82 feet; thence N 48° 04' 29" W, a
II distance of 91.70 feet; thence N 41° 55' 31" E, a distance of 15.00 feet; thence S 48° 04'
29" E, a distance of 96.08 feet; thence S 43° 48' 56" E, a distance of 99.53 feet; thence
S 84° 47' 56" E, a distance of 172.51 feet; thence S 07° 28' 13" W, a distance of 33.25
feet to the POINT OF BEGINNING.
Said lands situate in the City of Delray Beach, Palm Beach County, Florida.
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Resolution No. 37-05
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CITY COMMISSION DOCUMENTATION I
TO: ~~ANAGER
THRU: RL, "R OF PLANNING AND ZONING
FROM: NGU ~~ SENIOR PLANNER
SUBJECT: MEETING OF JUNE 7, 2005 *** CONSENT AGENDA ***
ABANDONMENT OF A SANITARY SEWER EASEMENT DEDICATED
BY DEED AS RECORDED IN OFFICIAL RECORDS BOOK 7137, PAGE
125 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, LOCATED WITHIN LOTS 77-82 AND A PORTION OF
TRACT "A", PLAT OF ESTUARY,
I BACKGROUND I
The request involves abandoning a sanitary sewer easement granted to the City of Delray Beach by the
property owner at the time, Barbara Yake, and the easement is located approximately 850' east of U.S. 1,
north of Denery Lane, south of Allen Avenue, and Immediately adjacent the Intracoastal Waterway. The
easement deed was recorded on February 27, 1992 In O.R.B 7137, Page 125 of the public records of
Palm Beach County, Florida to cover an active sewer main. The property has an extensive land use
history and the following is the most recent land use action regarding the subject property.
At its meeting of September 7, 1999, the City Commission approved a combined preliminary/final plat for
the Estuary, an 82-lot townhouse development on the subject property. The approved Water and Sewer
plans showed removal of the sanitary sewer main across Lots 77-82 and the installation of new facilities
installed within the dedicated right-of-way named Estuary Trail. New sewer mains have been installed
within Estuary Trail and an abandonment request has been submitted by Sunbelt Title Agency on behalf
of Mr. & Mrs. Louis Marchese, owners of Lot 81 of the Estuary development At property closing, it was
discovered that this sanitary sewer easement was never formally abandoned through the City's
Abandonment of Easement process and remains an encumbrance on the prevIous Lots mentioned
above. We have included the abandonment of the balance of the easement over Lots 77-80 and Lot 82
at this time.
Pursuant to LOR Section 2.4.6 (N) (5) the following finding must be made prior the City Commission
granting an abandonment: The abandonment will not result in the detriment for the provision of utility
services to the adjacent properties or the general area.
The abandonment will not result in the detriment for the provision of utility services since the main was
removed and relocated. The City's Environmental Services Department (water & sewer service) have
reviewed the request and has no objection to the abandonment. Since the easement area was dedicated
to the City of Delray Beach as a sewer easement, Florida Power & Light, Adelphia Cable, Florida Public
Utilities Company and BellSouth would not have an interest in this request and therefore are not required
to comment.
I RECOMMENDED ACTION I
By motion, approve the abandonment of a sanitary sewer easement dedicated by deed, as recorded in
Official Records Book 7137, Page 125 of the public records of Palm Beach County, Florida, located within
Lots 77-82 and a portion of Tract "A" of the plat of Estuary (Plat Book 86, Page 75), based upon positive
findings with respect to LOR Section 2.4.6(N)(5).
Atlachments:
. Location Map
. Abandonment Resolution
S IPlannlng & ZonlnglBOARDSlClTY COMMISSIONlEstuary Easemenl Abandonment doc
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GEORGE BUSH BOULEVARD G~ ~ \ \
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N ABANDONMENT
- SANITARY SEWER EASEMENT
CITY OF DELRAY BEACH, FL WITHIN ESTUARY DEVELOPMENT
PLANNING & ZONING DEP Þ.RTMENT
-- DIGITAL BASE MAP SYSTEM -- MAP REF LM841
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RESOLUTION NO, 37-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
A SANITARY SEWER EASEMENT RETAINED DEDICATED BY
EASEMENT DEED, AS RECORDED IN O.R.B. 7137, PAGE 125, AS
MORE P ARTICULARL Y DESCRIBED IN EXHIBIT "A".
WHEREAS, the CIty of Delray Beach, Florida, received an application for abandonment
of a sanitary sewer easement dedicated by easement deed, as recorded in OfficIal Records Book 7137,
Page 125, Pubhc Records of Palm Beach County, Flonda, as more particularly descnbed ill Exhibit "A";
said easement beillg located withIn Lots 77-82 and a portion of Tract "A", plat of Estuary (plat Book 86,
Page 75); 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, 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 Commission of the City of Delray Beach, Flonda, pursuant to LDR
Section 2.4.6(N)(5), finds that the abandonment will not result ill detriment for the provlsion of utility
services to adjacent propertles or the general area, that its interest in the described property IS no longer
needed for the public good and deems it to be ill the best interest of the CIty of Delray Beach to vacate
and abandon SaId easement, as more particularly described ill Exhtblt "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 nght and illterest it holds to the followillg real property,
more particularly described as follows:
See Exhibit "A"
PASSED AND ADOPTED in regular seSSlOn on this the _ day of ,2005.
MAYOR
ATTEST:
City Clerk
-~--
Exhibit "A"
Easement Description
Sanitary Sewer Easement to be Abandoned
A sanitary sewer easement being a portion of "LA-HACIENDA", according to the plat thereof,
as recorded in Plat Book 15, Page 6 of the Public Records of Palm Beach County, Florida, and
the vacated portion of said plat of "LA-HACIENDA", as vacated per Resolution No. R-82-17, as
recorded in Official Records Book 3662, Page 1600 of the Public Records of Palm Beach
County, Florida, Now known as "Estuary", as recorded in Plat Book 86, Page 75 of the Public
Records of Palm Beach County, Florida, being more particularly described as follows:
BEGINNING at a point of intersection of the North line of the Plat of "KENMONT", as recorded
in Plat Book 20, Page 65 of the Public Records of Palm Beach County, Florida, and the East
Right-of-Way line of "PALM TRAIL" as shown on said Plat of "KENMONT"; thence S 89° 27'
43" W along said North line of "KEN MONT" a distance of 15.15 feet; thence N 07° 28' 13" E, a
distance of 19.75 feet; thence N 84047' 56" W, a distance of 162.51 feet; thence N 43048' 56"
W, a distance of 89.54 feet to a point of intersection with a line 30.00 feet East of and parallel
with the West line of the now vacated Lot 21, Block E of Said "LA-HACIENDA"; thence S 080
03' 23" W along said parallel line, a distance of 94.05 feet to a point of intersection with the
South line of said vacated Lot 21; thence S 89° 27' 43" W along said South line, a distance of
30.34 feet to the Southwest corner of said Vacated Lot 21; thence N 080 03' 23" E along the
West line of said vacated Lot 21, a distance of 80.91 feet to a point of intersection with a line
80.00 feet North of and parallel with the South line of said vacated Lot 21; thence N 89° 27' 43"
E along said parallel line, a distance of 15.17 feet to a point of intersection with a line 15.00 feet
East of and parallel with the West line of said Vacated Lot 21; thence N 08° 03' 23" E along
said parallel line, a distance of 26.82 feet; thence N 48° 04' 29" W, a distance of 91.70 feet;
thence N 410 55' 31" E, a distance of 15.00 feet; thence S 48° 04' 29" E, a distance of 96.08
feet; thence S 43° 48' 56" E, a distance of 99.53 feet; thence S 84° 47' 56" E, a distance of
172.51 feet; thence S 07028' 13" W, a distance of 33.25 feet to the POINT OF BEGINNING.
Said lands situate in the City of Delray Beach, Palm Beach County, Florida.
2
Resolution No. 37-05
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