Res 95-02RESOLUTION NO. 95~02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A 6-FOOT
WITHIN THE SABAL
DEVELOPMENT, LOCATED
NORTH OF CANAL L-31,
DESCRIBED HEREIN.
WIDE UTILITY EASEMENT
LAKES PHASE THREE
EAST OF BARWICK ROAD,
AS MORE PARTICULARLY
WHEREAS, the City of Dekay Beach, Florida, received an application for
abandonment of a 6 foot wide utility easement lying within Lots 42 thru 66 and Tract "F", Sabal
Lakes Phase Three (Plat Book 72, Page 180), as more particularly described herein; said Sabal
Lakes Phase Three being located east of Banvick Road, North of Canal L-31; and
WHERF~S, 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
herein.
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 as follows:
THE 6-FOOT WIDE UTILITY EASEMENT LOCATED 20 FEET FROM
THE REAR PROPERTY LINE, WITHIN LOTS 42 THRU 66 AND
TRACT "F", OF THE PLAT OF SABAL LAKES PHASE THREE, AS
RECORDED IN PLAT BOOK 72, PAGE 180, OF THE PUBLIC
RECORDS OF PAI.M BEACH COUNTY, FLORIDA.
/ PASSED AND ADOPTED in regular session on this the J day of
d .2002.
MAYOR
ATTEST:
City Clerk
2 RES. NO. 95-02
TO: DAVID T.~..J,i'ARDE N/~C IT~
MANAGER
THRU' PAUL D/o~R~ING, DIR~'~-J~C)R OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 3, 2002 ENT AGENDA*
ABANDONMENT OF A 6-FOOT WIDE UTILITY EASEMENT WITHIN
THE PLAT OF SABAL LAKES PHASE THREE, LOCATED EAST OF
BARWICK ROAD AND NORTH OF THE L-31 CANAL.
The request involves abandoning a 6-foot utility easement located within Lots 42 thru 66
and Tract "F" of the plat of Sabal Lakes Phase Three (Plat Book 72, Page 180). The
easement is offset 20-feet from the rear lot line of all above referenced lots. The subject
easement was dedicated with the recordation of the plat in June of 1994.
The dedication language for this easement gives permission to any public or private
utility, such as but not limited to, storm drainage, sanitary sewer, electric power, water
service, gas service, and telephone lines. All major utility companies were notified, and
indicated they did not have facilities located in the subject area.
As its meeting of January 8, 2002, the City Commission approved a similar
abandonment of easement request located to the north within Lots 92-102, 104-109,
111-124 and Tract "AE-I" of this same plat.
The abandonment request was submitted by Mr. Rob Martin, the owner of Lot 65, in
order to facilitate the construction of a patio, and was limited to the portion of the utility
easement to the rear of his property. During the standard review by the Development
Services Management Group (DSMG), it was suggested that the abandonment request
be expanded to include the entire utility easement on multiple lots.
Pursuant to LDR Section 2.4.6 (P) (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.
As mentioned previously, no utilities were located within the proposed abandonment
area. The City's Environmental Services Department (water & sewer service), Florida
Public Utilities Company (gas service), Florida Power & Light, BellSouth, and Adelphia
Cable have reviewed the request and have no objection to the abandonment.
By motion, approve the abandonment of the 6-foot wide utility easement located within
Lots 42 thru 66 and Tract "F" of the plat of Sabal Lakes Phase Three (Plat Book 72,
Page 180), based upon positive findings with respect to LDR Section 2.4.6(P)(5).
Attachment: · Abandonment Resolution
· Locat, on Map
· Reduced Plat Map
S:\boards\citycommission\SabaI-Lakes-e-Aban-Martin.doc
RESOLUTION NO. 95-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 6-
FOOT WIDE UTILITY EASEMENT WITHIN THE SABAL LAKES
PHASE THREE DEVELOPMENT, LOCATED EAST OF BARWICK
ROAD, NORTH OF CANAL L-31, AS MORE PARTICULARLY
DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a 6 foot wide utility easement lying within Lots 42 thru 66 and Tract "F", Sabal Lakes
Phase Three (Plat Book 72, Page 180), as more particularly described herein; said Sabal Lakes
Phase Three being located east of Barwick Road, North of Canal L-31; 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 herein.
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
Statutes, it is
real property,
Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
hereby determined to vacate and abandon all right and interest it holds to the following
more particularly described as follows:
THE 6-FOOT WIDE UTILITY EASEMENT LOCATED 20 FEET FROM THE REAR
PROPERTY LINE, WITHIN LOTS 42 THRU 66 AND TRACT "F", OF THE PLAT
OF SABAL LAKES PHASE THREE, AS RECORDED IN PLAT BOOK 72, PAGE
180, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
PASSED AND ADOPTED in regular session on this the __ day of
,2002.
ATTEST:
MAYOR
City Clerk
.___.. S.__~_A TI N~ LEAF couRT
I BANYAN CREEK
~ ELEMEN TAR Y
SUNRISE BLVD.
PALM RIDGE
CANAL L-31
ABANDONMENT OF UTILITY EASEMENT
SABAL LAKES PHASE THREE (P.B. 72, P.G 180)
---- DI¢IfAI J~1,45£ MAP SYST£M -- MAP REF LM663
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