Res 41-05
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RESOLUTION NO. 41-05
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A 12' WIDE UTILITY EASEMENT
DEDICATED BY EASEMENT DEED, AS RECORDED IN
O.R.B. 11685, PAGE 1116 AND O.R.B. 11181, PAGE 1012, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida. received an application for
! abandonment of a 12' wide utility easement dedicated by easement deed, as recorded in Official
Records Book 11685, Page 1116 and Official Records Book 11181, Page 1012, Public Records of
Palm Beach County, Florida, as more particularly described in Exhibit "At>; said easement being
located within the Plat of Bexley Park (plat Book 102. Pages 48-56); and
WHEREAS. the application for abandonment of said easement was processed
I 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,
I 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 "At>.
I
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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0~ PASSED AND ADOPTED in regular session on this the ~ day of
. 2005.
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I ATTEST:
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I City Clerk
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G KH I B ( -r It 1+'/
øtME )"
~ Tel: (561) 241-9988
951 Broken Sound Parkwa,' Suite 320 SURVEYING & MAPPING
Boca Raton, Florida 3348 Certificate of AuthOllzation No. LB7264 Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
BEXLEY PARK - ABANDONMENT OF UTILITY EASEMENT
LEG AL DESCRIPTION:
THE EAST 12.00 FEET OF THE EAST ONE-HALF OF THE NORTHEAST
ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST
ONE-QUARTER, SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST,
PALM BEACH COUNTY, FLORIDA.
ABSREVIA TIONS
B.C.R. BROWARD COUNTY RECORDS
l · A"ClENGTH
CONC. 0 CONCRETE
COR. · CORNER
D · DELTA (CENTRAL ANGlë)
J.E. · DRAINAGE EASEMENT
NOTES ¡, R. · IRON ROD
:. R. c. IRCN ROD AND CAP
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID L.8. LICENSED BUSINESS
l.S. LICENSED SURVEYOR
WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED MON. · MONUMENT
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER N.S. I.D. · ~ORTH SPRINGS IMPROVEMENT
2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE i) [STR I CT
IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION 0.'1.13. · O~FIC[AL RECORDS BOOK
?O.B. 0 PO¡~T OF BEGINN[NG
3. BEARINGS SHOWN HEREON ARE BASED ON THE P. O. C. PO[NT OF COMMENCEMENT
SOUTH LINE OF "WINTERPLACE, A P U D.", HAVING ".B. PLAT BOOK
A BEARING OF NORTH 89° 27'46" WEST. ACCORDING TO P. B. C. R. 0 PALM BEACH COUNTY RECORDS
SAID PLAT. PG. PAGE
P. S. M. · PROFESSIONAL SURVEYOR
8 MAPPER
R/W · RIGHT-OF -WAY
U.E. · UTI LI TY EASEMENT
CERTIFICATION
I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON
COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN
CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
SECTION 472 027, FLORIDA STATUTES, AND THAT SAID SKETCH AND
DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE
AND BELI;r S P RED UNDER MY DIRECTION
JEF
SURVEYOR AND MAPPER
FLORIDA LICENSE NO LS5111
LAST DATE OF FIELD WORK : NOT A SURVEY
Proj ect Name I Bi::XLEY PARK ABANDONMENT OF UE DATE, 4/1212004
JOB NO. 02127 DWG BY, JSH
CK'D By' JS SHEET 1 OF 2
. .
SKETCH AND LEGAL DESCRIPTION
WINTERPLACE A P.UD. (NOT A SURVEY) @
(P.B.89 PGS.179-181)
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JOB NO. 02127 ProJ ect Narre: BEXLEY PARK OWG BY' JSH SCAl E, 1"=100'
UTILITY EASEMENT ABANDONMENT CK '0 By. JS DATE' 4/12/2004 SHEET 2 OF 2
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I CITY COMMISSION DOCUMENTATION ~
TO: DAVIDT.~, !!GER
THRU: PAUL DORLlNG, DIRECT F PLANNING AND ZONING
FROM: NGUYEN TRAN, SENIOR NNER
SUBJECT: MEETING OF JUNE 21, 2005 *** CONSENT AGENDA ***
ABANDONMENT OF A 12' WIDE UTILITY EASEMENT DEDICATED TO THE
CITY BY EASEMENT DEED AS RECORDED IN OFFICIAL RECORDS BOOK
11685, PAGE 1116 AND OFFICIAL RECORDS BOOK 11181, PG 1012 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LOCATED
WITHIN THE PLAT OF BEXLEY PARK.
I BACKGROUND I
The request involves abandoning a 12' utility easement granted to the City of Delray Beach to cover a 12"
water main and a 6" Force Main which extended south from The Colony Development across the Bexley
Park property. The easements are located on property having an extensive land use history and the
following IS a summary of the most recent land use actions regarding the subject property
The subject area, now known as Bexley Park, was annexed into the City in August of 2002. The Planning
and Zoning Board Approved a Master Development Plan for the entire development at their meeting of
June 16, 2003. At its meeting of November 17, 2003, the Planning and Zoning Board approved the
Preliminary Plat for Bexley Park and subsequently, the City Commission approved the Final Plat for
Bexley Park at ItS regularly scheduled meeting of February 17, 2004 The plat of Bexley Park was
recorded on May 2S, 2004 in Plat Book 102, Pages 48-56
The approved Water and Sewer plans showed removal and relocation of the 12" water main and 6" force
main and these facilities have been relocated as part of the current development of Bexley Park New
water mains, force mains and sewer mains have been installed throughout the development within
dedicated rig hts-of-ways , dedicated alleyways or other dedicated easement areas The abandonment
request was submitted by D.R. Horton, Inc. the owner and builder for the development, in hopes of
eliminating an encumbrance to this portion of the site
Pursuant to LDR Section 2.4.6 (N) (S) 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 mains were
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 utility easement for the provision of water and sewer services, Florida
Power & Light, Adelphla 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 ~
By motion, approve the abandonment of a 12' wide utility easement dedicated to the City by easement
deed, as recorded in Official Records Book 11685, Page 1116 and Official Records Book 11181, Page
1012, of the Public Records of Palm Beach County, Florida, located within the plat of Bexley Park, based
upon positive findings with respect to LDR Section 2.4.6(N)(S).
Attachments:
. Location Map
. Abandonment Resolution
S \Planning & ZOnlng\BOARDSICITY COMMISSIOMAbandonment of 12' WE-Bexley Park doc '6A
/
~ SKETCH AND LEGAL DESCRIPTION
, A1I111 ~ ~ (NOT A SURVEY)
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12' UTILITY EASEMENT 1
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L.WD.D.LATERAL CANAL L-31
LOCATION MAP
JOS NO_ 02127 Project Nome. BEXLEY PARK DWG BY' JSH SCALE, 1":400'
UTILITY EASEMENT ABANDONMENT CK'D By' JS DATE. 4/1212005 SHEET 10F 1
,
RESOLUTION NO. 41-05
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A 12' WIDE UTILITY EASEMENT
DEDICATED BY EASEMENT DEED, AS RECORDED IN
O.R.B. 11685, PAGE 1116 AND O.R.B. 11181, PAGE 1012, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A".
WHEREAS, the City of Delray Beach. Florida. received an application for
abandonment of a 12' wide utility easement dedicated by easement deed, as recorded in Official
Records Book 11685, Page 1116 and Official Records Book 11181, Page 1012. Public Records of
Palm Beach County, Florida, as more particularly described in Exhibit "A"; said easement being
located within the Plat of Bexley Park (plat Book 102, Pages 48-56); 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 "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
G KH I B I -r It 1+"
ølME)""
~ Tel: (561) 241-9988
951 Broken Sound Parkwa¥, Suite 320 SURVEYING & MAPPING
Boca Raton, Florida 3348 CertIficate of Authorization No. LB7264 Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
BEXLEY PARK - ABANDONMENT OF UTILITY EASEMENT
LEG AL DESCRIPTION:
THE EAST 12.00 FEET OF THE EAST ONE-HALF OF THE NORTHEAST
ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST
ONE -QUARTER, SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST,
PALM BEACH COUNTY, FLORIDA.
ABBREVIATIONS
B.C.R. · BROWARD COUNTY RECORDS
L · ARCLENGTH
CONC. · CONCRETE
COR. · CORNER
0 · DELTA (CENTRAL ANGLE)
D.E. · DRAINAGE EASEMENT
NOTES I. R. · IRON ROD
I. R. C. · IRON ROD AND CAP
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID L. B. · LICENSED BUSINESS
L. S. · LICENSED SURVEYOR
WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED MON. · MONUMENT
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER N.S.LD. · NORTH SPRINGS IMPROVEMENT
2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE D[STRICT
IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION O.R.B. OFFICIAL RECORDS BOOK
P.O.B. · POINT OF BEGINNING
3. BEARINGS SHOWN HEREON ARE BASED ON THE P.O.C. · POINT OF COMMENCEMENT
SOUTH LINE OF "WINTERPLACE, A P.U D.", HAVING P.B. · PLAT BOOK
A BEARING OF NORTH 89° 27'46" WEST, ACCORDING TO P.B.C.R. · PALM BEACH COUNTY RECORDS
SAID PLAT. PG. · PAGE
P. S.M. · PROFESSIONAL SURVEYOR
a MAPPER
R/W · RIGHT-OF-WAY
U.E. · un LI TY EASEMENT
CERTIFICATION
I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON
COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN
CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND
DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE
AND BEll F S P ED UNDER MY DIRECTION.
JEF
SU VEYOR AND MAPPER
FLORIDA LICENSE NO. LS5111
LAST DATE OF FIELD WORK : NOT A SURVEY
PíoJect Nome I BEXLEY PARK ABANDONMENT OF UE DATE, 4/12/2004
JOB NO. 02127 DWG BY, JSH
CK 0 By, JS SHEET 1 OF 2
SKETCH AND LEGAL DESCRIPTION
WINTERPLACE A PDD. (NOT A SURVEY) @
(P.8.89 PGS.179-181)
I I I
50 49 8 47 L_-3_1
I L_
RACTIC :~
__________.1___J 1
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S.W. 1/4, N.W. 1/4, I I
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S.W. 1/4, N. W. 1/4, SEC. 12 -46-42 12.00'
JOB NO. 02127 ProJ ect Nome: BEXLEY PARK OWG BY, JSH SCAL E. 1"·100'
UTILITY EASEMENT ABANDONMENT CK'O By, JS DATE' 4/1212004 SHEET 2 OF 2