Res 66-01RESOLUTION NO. 66-01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF PALM TRAIL RIGHT-OF-
WAY (ROW) LOCATED APPROXIMATELY 92 FEET SOUTH
OF THE CENTERLINE OF ALLEN AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT RESERVING
AND RETAINING TO THE CITY A UTILITY OVER THE
ENTIRE A1LEA THEREOF, AS MORE PARTICULARLY
DESCRIBED HEREIN.
abandonment
herein; and
WHEREAS, the City of Delray Beach, Florida, received an application for
of a portion of Palm Trail Right-of-Way (ROW), as more particularly described
WHEREAS, said application for abandonment of a general public right-of-way was
processed pursuant to Section 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land
Development Regulations of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(d), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on October 15,
2001, and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings
with respect to LDR Section 2.4.6(0)(5), and subject to the condinon that a general utility easement
be retained over the entire area; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds 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 right-of-way, based upon
positive findings pursuant to LDR Sectaon 2.4.6(O)(5), but does not abandon and retains and
reserves unto itself a utility easement over the entire area thereof, as more particularly described
herein, for the purpose of emergency access and constructing and/or maintaining, either over or
under the surface poles, wzres, pipes, sewers, drainage fac~hties, or any other facilities used for
various public uUlities whether owned by the C~ty or private corporations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
Statutes, xt is hereby determined by the Delray Beach City Commission to vacate and abandon all
right and interest ~t holds to the following real property for right-of-way purposes only, but does not
abandon and retains and reserves unto itself a utihty easement over the entire area thereof, more
particularly described as follows:
Resolution No. 66-01
That portion of west 10 feet of road right-of-way for Palm Trad,
lying east of and adjacent to Lots 25 and the south half of Lot 26,
Block B, Snow Hill, according to the plat thereof as recorded in Plat
Book 21, Page 83, Public Records of Palm Beach Count, Florida.
Containing 712 square feet, more or less.
Section 2. That the De[ray Beach City Commission hereby retains and reserves unto
itself a utility easement overt the entire abandonment area, for the purpose of emergency access and
constructing and/or maintaining, exther over or under, the surface poles, wires, pipes, sewers,
drainage facilities, or any other facilities used for various pubhc utilities whether owned by the City
or private corporations, more particularly described as follows:
That portion of west 10 feet of road right-of-way for Palm Trail,
lying east of and adjacent to Lots 25 and the south half of Lot 26,
Block B, Snow Hill, according to the plat thereof as recorded in Plat
Book 21, Page 83, Public Records of Palm Beach Count, Florida.
Containing 712 square feet, more or less.
2001.
PASSED AND ADOPTED in regular session on this the 6~ day of November,
MAYOR
City Clerk
Resolution No. 66-01