Res 04-01RESOLUTION NO. 4-01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING TWO (2)
UTILITY EASEMENTS LOCATED WITHIN THE PLAT OF DELRAY
OCEAN ESTATES AS RECORDED IN PLAT BOOK 79, PAGES 69 AND
70 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
AS MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO
ACCEPTANCE OF AN EASEMENT DEED GRANTING TO THE CITY
OF DELRAY BEACH A 10 FOOT UTILITY EASEMENT FOR
REPLACEMENT PURPOSES.
WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of two
(2) utility easements located within the Plat of Delray Ocean Estates, as more particularly described herein; said
property being located on the east side of South Ocean Boulevard, north of Linton Boulevard; and
WHEREAS, the application for abandonment of said easements was processed pursuant to
Section 2.4.6(1>), "Abandonment of Public Easements", of the Land Development Regulauons of the City of
De[ray Beach, Florida; 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 abandonments be approved, based upon
positive findings and subject to conchtions; 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 m the described property is no longer needed for the
public good and deems at to be in the best interest of the Cxty of De[ray Beach to vacate and abandon said
easements, subject to receipt and acceptance of a deed granting to the City a replacement easement for utility
purposes, as more particularly described herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FO! J.OWS:
Section 1. That the foregoing recxtals are hereby incorporated herein by this reference.
Section 2. That pursuant to Section 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, subject to
receipt and acceptance of a deed granting to the City of Delray Beach a replacement easement for utility
purposes, more pamcularly described as follows:
Legal Description of Areas to be Abandoned:
Utility Easement Abandonment (Exhibit #1):
A portion of Lot G, DELRAY OCEAN ESTATES, according to the Plat thereof
recorded in Plat Book 79, Pages 69 and 70 of the Public Records of Palm Beach
County, Florida, said portion of Lot G being more particularly described as
follows:
Commence at the most Westerly Northwest Comer of said Lot G; thence North
89 degrees 32'12" East, along a North line of said Lot G, a distance of 9.12 feet
to the Point of Beginning; thence continue North 89 degrees 32'12" East, along
said North line, a distance of 15.88 feet; thence North 00 degrees 27'48" West, a
distance of 1.00 feet; thence North 89 degrees 32'12" East, a distance of 10.00
feet; thence South 00 degrees 27'48" East, a distance of 11.00 feet; thence South
89 degrees 32'12" West, along said parallel line, a &stance of 32.80 feet to a point
on a line 7.50 feet Southeasterly and parallel with the West line of said Lot G;
thence North 34 degrees 13'27" East, along smd parallel line, a distance of 12.16
feet to the Point of Beginning.
Containing 303 square feet, more or less.
Easement Abandonment (Exhibit #2):
A portion of Tract "A", DELRAY OCEAN ESTATES, according to the Plat
thereof recorded in Plat Book 79, Pages 69 and 70 of the Public Records of Palm
Beach County, Florida, said portion of Tract "A" being more particularly
described as follows:
Beginning at the most Northerly Northwest Comer of Lot G of said DELRAY
OCEAN ESTATES; thence South 00 degrees 27'48" East, along a boundary of
said Lot G, a distance of 11.00 feet; thence continue South 89 degrees 32'12"
West, along said boundary, a distance of 25.00 feet to a point on the West line of
said Lot G; thence North 34 degrees 13'27" East, along the Northeasterly
extension of said West line, a distance of 11.81 feet, to the Point of Curvature of a
curve, concave Southeasterly, having a radius of 3.00 feet; thence Northeasterly,
along the arc of said curve through a central angle of 55 degrees 18'45", a distance
of 2.90 feet, to a point of tangency on the Westerly extension of the North line of
said Lot G; thence North 89 degrees 32'12" East, along smd Westerly extension, a
distance of 15.81 feet to the Point of Beginning.
Containing 233 square feet, more or less.
2 Res. No. 4-01
Section 2. That the abandonment heremabove described shall not become effective and this
Resolution No. 4-01 shall not be recorded in the Public Records of Palm Beach County, Florida, unless
concurrent w~th that particular Easement Deed granting to the City of Delray Beach a replacement easement for
utility purposes, more particularly described as follows:
Legal Description of Replacement Utility Easement (Exhibit #3):
A portion of Tract "A", DELRAY OCEAN ESTATES, according to the Plat
thereof recorded in Plat Book 79, Pages 69 and 70 of the Public Records of Palm
Beach County, Florida, said portion of Tract "A" being more particularly
described as follows:
Beginning at the most Northerly Northwest Comer of Lot G of said Plat; thence
South 00 degrees 27'48" East, a distance of 10.00 feet; thence South 89 degrees
32'12" West, a distance of 15.19 feet; thence South 34 degrees 13'27" West, a
distance of 1.22 feet; thence South 89 degrees 32'12" West, a distance of 9.12 feet
to a point on the West line of said Lot G; thence North 34 degrees 13'27" East,
along the Northeasterly extension of sa~d West line, a distance of 11.81 feet, to
the point of curvature of a curve, concave Southeasterly, having a radius of 3.00
feet; thence Northeasterly, along the arc of said curve through a central angle of
55 degrees 18'45", a distance of 2.90 feet, to a point of tangency on the Westerly
extension of the North line of smd Lot G; thence North 89 degrees 32'12" East,
along said Westerly extension, a distance of 15.81 feet to the Point of Beginning.
Containing 217 square feet, more or less.
PASSED AND ADOPTED in regular session on this the 16m day of january, 2001.
MAYOR
A'I'TEST:
city Cllrk - -
3 Res. No. 4-01
CITY OF' DELRAY BEACH, FL
PLANNING & ZONINGDEPARTMENT
UTILITY EASEMENT ABANDONMENT
- DELRAY OCEAN ESTATES -
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10' ~~ EASEMENT POIN~ OP
B~IN~INC
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/ N.W. CORN~ OF LOT ~ /
, ~ X / NORTH
~5'18'45' , . LOT G
/
-----
~ST ~NE - I
'1 ~LOT G~
/
/ DELRAY OCEAN ESTATES
/
/ PLAT BOOK 79, PAGES 69 · 70
/
/
LA.E - ~ED ACCESS EASEME~
(P.) - PLAT
U.E. - U~L~Y EAS~ENT SCALE: 1" - 10'
SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY~
CITY COMMISSION DOCUMENTATION
TO:
THRU:
FROM:
SUBJECT:
DAVID T. ~1~ C~.~GER
PL'ANN
DAN MARFINO, SENIOR IER--,~J~~"~
MEETING OF JANUARY 16, 2001 · -' **CONSENT AGENDA**
ABANDONMENT OF TWO (2) 10 FOOT EASEMENTS AND ACCEPTANCE OF A 10
FOOT GENERAL UTILITY EASEMENT, ASSOCIATED WITH THE DEVELOPMENT OF
LOT G, DELRAY OCEAN ESTATES.
BACKGROUND AND ANALYSIS
The action requested of the City Commission is approval of the abandonment of a portion of a 10 foot
general utility easement in the northwest corner of Lot G, Plat of Delray Ocean Estates (Exhibit 1), and a
portion of Tract A (Exhibit 2), which was dedicated as an access tract and general utility easement on
the Plat of Delray Ocean Estates. In addition, a new general utility easement will be created over a
portion of Tract A, shown as Exhibit 3. The need for this action is the result of the reconfiguration of Lot
G, pursuant to Section 5.1.4(c), which permits the reconfiguration of lots within a platted subdivision
provided that no new lots are created, and all existing lots maintain zoning district minimums.
The applicant is required to officially record a survey describing the new configuration. The applicant
has done this, however in doing so a limited access easement along Ocean Boulevard (southeast comer
of Lot G), created by the Plat of Delray Ocean Estates, was mistakenly omitted. A condition of approval
of this abandonment will be that the applicant record a new survey depicting the modified lot
configuration and the limited access easement that was previously omitted.
FINDING
Pursuant to LDR Section 2.4.6(P)(5), prior to the granting of an abandonment the following finding must
be made:
· That the abandonment will not result in detriment for the provision of utility services to adjacent
properties or the general area.
Currently no municipal water or sewer facilities are located within the abandonment area. All utility
companies (Adelphia Cable, FPL, Florida Public Utilities Company, BellSouth) reviewed the
abandonment and have no objection. In addition the applicant is providing a new general utility
easement to continue the existing utility easement along the north line of Lot G. Planning and Zoning
Board review is not required for the abandonment of easements.
RECOMMENDED ACTION
By motion, approve the abandonment of the utility easements shown in Exhibit 1 & Exhibit 2, and accept
the general utility easement described in Exhibit 3, based upon positive findings with respect to LDR
Section 2.4.6(P)(5), subject to the following conditions:
1) The applicant must record a survey depicting the new lot configuration & utility easement,
and all other easements created by the original Plat of Delray Ocean Estates, not effected by
this approval.
2) Provide easement deed for limited access easement and replacement utility easement.
Attachments:
Location Maps (2)
Exhibit 3
Resolution
Plat
WHITE DR.
DEL-HAVEN DR
/ /
LIN TON BOULEVARD
_l
BANYAN
HOUSE CONDO
A TLAN TIC
DUNES
PARK
SOU TH SHORE
CLUB CONDO
LOT C
LOT D
LOT £
BERKSHIRE ON
THE OCEAN
S. OCEAN CONDO
CASA PLA YA
CONDO
CITY OF DELRAY BEACH, FL
PLANNING &: 70flING DEPARTMENT
-- O/GIT, AL 8A~E 1~,4P $~7'~,1v/ --
DELRAY OCEAN ESTATES
- LOT G -
MAP REP LM495