Res 38-01RESOLUTION NO. 38-01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A 10' UTILITY EASEMENT WITHIN THE
WATER'S EDGE DEVELOPMENT LOCATED AT THE
SOUTHWEST CORNER OF LAKE IDA ROAD AND CONGRESS
AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an
application for abandonment of a 10' utility easement within the
Water's Edge development located at the southwest corner of Lake Ida
Road and Congress Avenue; and
WHEREAS, said application for abandonment of a general
utility 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; and
WHEREAS, pursuant to LDR Section 2.4.6(P) (3) (c), the City
Engineer has forwarded the application 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 a general utility easement.
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, it is hereby determined to
vacate and abandon all right and interest it holds to the following
real property, more particularly described as follows:
A portion of WATER'S EDGE AT DELRAY BEACH, according to
the plat thereof, as recorded in Plat Book 79, at Pages
138 and 139 of the Public Records of Palm Beach County,
Florida, and being a portion of that certain easement
recorded in Official Records Book, 2034, at pages 601, 604
and 607 of the Public Records of Palm Beach County,
Florida and being a 10-foot wide strip of land lying on
each side of the following described centerline;
COMMENCING at the southwest corner of said WATER'S EDGE AT
DELRAY BEACH;
THENCE North 13 degrees 00'00" West, along the westerly
line of said WATER'S EDGE AT DELRAY BEACH, 219.88 feet to
a point on the arc of a non-tangent curve concave to the
southwest (a radial line through said point bears South 79
degrees 33'56" West to the radius point of the next
described curve);
THENCE Northwesterly along the arc of said curve having a
radius of 575.00 feet, a central angle of 01 degree
25'15", an arc distance of 14.26 feet to the POINT OF
BEGINNING;
THENCE North 90 degrees 00'00' East, 198.65 feet;
THENCE South 00 degrees 00'00" East, 202.95 feet to the
POINT OF TERMINATION of said centerline.
Said lands lying in the City of Delray Beach, Palm Beach
County, Florida.
PASSED AND ADOPTED in regular session on this the 1st day
Acting City Clerk
MAYOR
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Res. No. 38-01
[lTV OF DELRI:I¥ BEI:IgH
DELRAY BEACH
AII-AmericaCity
1993
100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Iday-16-kuO01 09:47aa 0 1 --~0 1 0~7
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CERTIFICATION
I, BARBARA GARITO, Acting City Clerk of the City of Delray Beach,
Florida, do hereby certify that the attached document is a true and correct copy
of Resolution No. 38-01, which was passed and adopted by the City Commission
of the City of Delray Beach, Florida, in regular session on May 1, 2001, by a 5-0
vote.
IN WITNESS WHEREOF, I have hereunto set my hand and the official
seal of the City of Delray Beach, Florida, on this the 10th day of May, 2001.
Barbara Garito, CMC
Deputy City Clerk
City of Delray Beach
Prlnted on Recycled Paper
THE EFFORT ALWAYS MATTERS