Loading...
Res 56-13 PLAT Sherwood PontiacEITY OF DELRAY BEREH DELRAY BEACH 1 n A boftd All-America City I i) 1993 2001 CITY CLERK 100 N.W. 1st AVENUE • DFLRAY BEACH, FLORIDA 33444 CERTIFICATION " F M Q1 r • 5611243- fGOU�' .1's 4M ol T- 1" Pl x:51 Q0 0 x M 0 x 1, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray M m Beach, do hereby certify that the attached document is a true and correct�� copy of Resolution No. 56 --13, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 3rd day of December 2013. IN WITNESS WHEREOF, T have hereunto set pay hand and the 4 official seal of the City of Delray Beach, Florida, on this the 24th day of February, 2014. rAY Chevelle D. Nubin, MMC City Clerk City of Delray Beach, Florida SERVICE - PERFORMANCE - INTEGRITY - RESPONSIBLE - INNOVATIVE - TEAMWORK 4-11 ra PP 4-- RESOLUTION NO. 56 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF A WATER EASEMENT DEDICATED BY THE PLAT OF "SHERWOOD PONTIAC PLAT NO. 1 ", AS RECORDED IN PLAT BOOK 83, PAGES G1 THROUGH G2 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A "; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, .received an application for abandonment of a portion of a water easement dedicated via the Plat of "Sherwood Pontiac Plat No. 1 ", as recorded in Plat Book 83, Pages 61 through 62 of the Public Records of Palm Beach County, Florida, and as more particularly described in Exhibit "A "; and WHEREAS, the application for abandonment of a portion 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) (-I) (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(1(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 die City of Delray Beach to vacate and abandon a portion of 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: i See Exhibit "A" PASSED AND ADOPTED in regular session on this the 0 day of b- t(—001 X2013. M YOR ATTEST: City Clerk 2 RES. NO. 56 -13 SKETCH OF DESCRIPTION EXHIBIT 'A " SHEET 1 OF 1 w U 1 DESCRIPTION- SHERWOOD PONTIAC PLAT NO I (PLAT BOOK 83, PAGES 61 -62) N O � op O 12.00'_1 5.81059'40'E Q) °off Np W CIO O Z N O O O QO 16200' N.81 059'40 "W. 183.03' S81059'40'E (OVERALL) P.O.B. EXISTING 12' WA TER EASEMENT (PLA T BOOK 83, PAGES 61 -62) SHERWOOD PONTIAC PLAT NO 1 (PLA T BOOK 83, PAGES 61 -62) THA T PORTION OF THE PLA T OF SHERWOOD PONTIAC PLA T NO. 1, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLAT BOOK 83, PAGES 61 AND 62, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS- COMMENCING A T THE SOUTHEAST CORNER OF SAID PLAT; THENCE N.8 °0020'E, ALONG THE EAST LINE OF SAID PLAT, A DISTANCE OF 133.00 FEET TO A POINT ON THE NORTH LINE OF THE EXISTING 12' WATER EASEMENT AS SHOWN ON SAID PLAT,• THENCE N.81 059'40 "W., ALONG SAID NORTH LINE, A DISTANCE OF 162.00 FEET TO THE POINT OF BEGINNING,- THENCE N.8 °00'20'E, A DISTANCE OF 6.00 FEET,- THENCE N.81 °59'40 "W A DISTANCE OF 12.00 FEET; THENCE S 8-00'20';W, A DISTANCE OF 6.00 FEET TO THE NORTH LINE OF SAID WA TER EASEMENT, • THENCE S.81°59'40'E, A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING. NOTES' THIS IS NOT A SURVEY THE EAST LINE OF PLA T BOOK 83, PAGES 61 -62 IS ASSUMED TO BEAR N.8 000'20 "E. P.O.B. = POINT OF BEGINNING S E. CORNER PLAT BOOK 83, PAGES 61 -52 & P.O.C. SOUTH LINE PLA T BOOK 83, PAGES 61 -62 Cj co W� W N °O 0 _. °o PAUL D. ENG E SURVEYOR & MA NO. 5708. DATE. JULY 15, 2013 . . z Q Q Z Zj 0 0 0 0 N v U Prepared by: RETURN: R_ Brian Shutt, Esq. City Attorney's Office 200 N.W. 1stAverme Delray Beach, Florida 33444 EASEMENT DEED 111111111111111111111111111111111111111111111111111111 C:FM 20140076220 OR BK 2GG44 FCC 0267 RECORDED 03/04/2014 loi30:29 Palm Beach County, Florida ANT 10. Crib Doc stamp 0.70 Shar -on R. Bo ck. CLE€ K & COMPTROLLER Pgs 0267 - 270; (4p9s) THIS INDENTURE, made this P day of 3- 204 by and between p U Q �Zr }with a mailing address of 4ti p0 ("ILL 120 of t OF DELRAY BEACH, with a mailing address of 100 N. W. 1 st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of a public sidewalk with full and free right, liberty, and authority to enter upon and to install and maintain such sidewalk across, through and upon or within the following described property located in Palm Beach County, Florida, to -wit: DESCRIPTIQN See Exhibit "A" Concomitant and coextensive with this right is the further right in the parry of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, conditions and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or affect any other kind of construction or improvements upon the above - described property, other than the aforementioned sidewalk. It is understood that upon completion of sidewalk construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like 1 condition without expense to the property owner and that once the sidewalk has been constructed to the required standards the party of the second part shall repair and maintain the sidewalk in conformance with its practices of maintaining public sidewalks throughout the City. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above - described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1: PARTY OF THE FfftST PART C ,C Uri J By, 41 t (name printed or typed) S S #2: (name printeAr typed) STATE OF moo/ COUNTY OF 1-14z_117�� The foregoing instrument was acknowledged before me this 3t,2 day of /V© y E 201$ by -TOM K/ Jr &A0 6,4itl F'q,;5N V I/ (name of officer or agent), of (name of corporation), a (State or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced 2>,L, (type of identification) as identification and did/did not take an oath. Si nature of laotary Public - State of 1=L o ,e l ol% (SEAL) REBECCA J. TRUALL NOTARY PUBLIC $$TATS OF FI„t RIDA Com EE119828 ze Expires 016/2016 2 ,�,ur,:+tvgasssz„��amfx- tayp« Px,S�s, f �:.y i "� -- to A53 '.Af Rl }- ? Zn f D x ` °ak g A.c r 'A P - y1. MOT a LOT 44 LOT MGM U tM: TARM . a SERW4C ALL FLOMIDA mo w -mwui�-a:m vu,4&amvv� wamm my*a Amp anufalaull .q--,PAM- to sit As CITINIPABIMA &."f*MW 5054. Q.qwAwVVAa VMM- .0- q TV, � , - Ap zvwm-fa ML awwArUffiF a Ivy OWARAW c A ZOMIM 4. mviame ar, lawwaammme Ago OMAMW mm bompumv AMAX Am mumownOwAt 100= SAW wwwwousi .0- q TV, � , - Ap zvwm-fa ML awwArUffiF a follmiT MMMMMAMT roe,% MMMAM mm bompumv AMAX Am mumownOwAt 100= fRum. ME AM - VA2 41M OK AWVNW AO Ammm law AAM AMI MOOR*. .0- q TV, � , -