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Res 18-15Return to: (enclose self-addressed stamped envelope) Name: Address: 11111 II 111 II III II ill 1111111111 II III 1111111111 CFH 20160295575 OR BK 2851-1 FG 1145 RECORDED 08/17/2016 16:23:13 Palm Beach County, Florida Sharon R. Bock,CLERR & COMPTROLLER Pgs 1145 - 1148; (4pgs) I, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 18-15, as the same was passed and adopted by the O Delray Beach City Commission in regular session on the 6th day of April, 2015. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 26th day of June, 2015. V Chevelle D. Nubin, TM'_AC City Clerk City of Delray Beach, Florida SERVICE - PERFORMANCE - INTEGRITY - RESPONSIBLE - INNOVATIVE - TEAMWORK EITY OF OIELRRY BEREH DELRAY BEACH CITY CLERK 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 All-AmericaCity I � I I' 2001 CERTIFICATION I, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 18-15, as the same was passed and adopted by the O Delray Beach City Commission in regular session on the 6th day of April, 2015. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 26th day of June, 2015. V Chevelle D. Nubin, TM'_AC City Clerk City of Delray Beach, Florida SERVICE - PERFORMANCE - INTEGRITY - RESPONSIBLE - INNOVATIVE - TEAMWORK RESOLUTION NO. 18-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE 25 FOOT WIDE RIGHT-OF-WAY DEDICATED BY THE PLAT OF "LAKE IDA MANOR ADDITION NO. 1" AS RECORDED IN PLAT BOOK 24, PAGE 201, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND LOCATED WEST OF THE INTERSECTION OF NW 4TH AVENUE AND ENFIELD ROAD, BUT RESERVING AND RETAINING TO THE CITY A GENERAL UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF, 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 25 foot wide by approximately 140 feet long right -of -wap located south of Lot 7, of the Lake Ida Manor Addition No. 1, as recorded in Plat Book 24, Page 201, 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 right-of-way was processed pursuant to Section 2.4.6(Nb , "Abandonment of Rights -of -Ways, of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(M) (3) (e), the Planning and Zoning Board, acting as Local Planning Agency, formally reviewed the matter at a public hearing on January 26, 2015 and voted 7 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(M)(5); and, WHEREAS, the City Commission of the City of Delray Beach, Florida, finds it to be in the best interest of the City of Delray Beach to vacate and abandon said tight -of -wap, as more particularly described in Exhibit "A", based upon positive findings pursuant to LDR Section 2.4.6(TM)(5), but does not abandon and retains and reserves unto itself a general utility easement over the entire abandoned area for the purpose of maintaining either over or under the surface, poles, wires, pipes or any other facilities used for various public utilities whether owned by the City or private corporations. 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 by the Delray Beach City Commission to vacate and abandon all rights and interests it holds to the real property, described in Exhibit "A", except as provided for in Section 3 of this Resolution. Section 3. The City, of Delray Beach City Commission does not abandon and retains and reserves unto itself a general utility easement -for the purpose of maintaining either over or under the surface, poles, wires, pipes or any other facilities used for various public utilities -whether owned by the City or private corporations, over the entire abandoned area, more particularly described in Exhibit "A". PASSED AND ADOPTED in regular session on this the 6th day of A ril 2015. AYOR ATTEST: City Clerk 2 RES. NO. 18-15 EXHIBIT "A" of LAKE IDA MANOR ADDITION NO. 1, according to the plat thereof, as recorded in Plat Book 24, at Page 201, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Commence at the Northeast comer of the aforementioned Lot 7, thence South along the East line of the aforementioned Lot 7 also being the West right of way of Northwest 4th Avenue, a distance of 58.28 feet to the Point of Beginning being the Point of Curvature of a 25 foot radius curve concave Northwesterly; thence along the arc of said curve through a central angle of 90° 02' 00", for an arc distance of 39.28 feet to the Point of Tangency being located on the South line of the aforementioned Lot 7; thence Westerly along the aforementioned South line, a distance of 115.14 feet to the Southwest corner of the aforementioned Lot 7; thence Southerly through an angle of 89 ° 52' 00" in the Southeast quadrant along the Southerly projection of the West line of the aforementioned Lot 7, a distance of 25.00 feet; thence Easterly along a line 25 feet Southerly of and parallel with the Southerly line of the aforementioned Lot 7, a distance of 128.49 feet; thence Northeasterly through an angle of 1401 09'52" in the Northwest quadrant, a distance of 15.62 feet to a point on the Southerly projection of the East line of the aforementioned Lot 7; thence Northerly through an angle of 1290 48' 08" in the Northwest quadrant, a distance of 40.01 feet to the Point of Beginning. Said described parcel containing 3,587 square feet more or less. RES. NO. 18-15 RESOLUTION NO. 15-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE 25 FOOT WIDE RIGHT-OF-WAY DEDICATED BY THE PLAT OF C6LAKE IDA MANOR ADDITION NO. 1" AS RECORDED IN PLAT BOOK 24, PAGE 201, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND LOCATED WEST OF THE INTERSECTION OF NW 4TH AVENUE AND ENFIELD ROAD, BUT RESERVING AND RETAINING TO THE CITY A GENERAL UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF, 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 25 foot wide by approximately 140 feet long right-of-way located south of Lot 7, of the Lake Ida Manor Addition No. 1, as recorded in Plat Book 24, Page 201, of the Public Records of Palm Beach County, Florida, and as more particularly described an Exhibit "A"; and WHEREAS, the application for abandonment of a portion of said right -of -moray was processed pursuant to Section 2.4.6(M), "Abandonment of Rights -of -Ways", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(M)(3)(e), the Planning and Zoning Board, acting as Local Planning Agency, formally reviewed the matter at a public hearing on January 26, 2015 and voted 7 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(1)(5); and, WHEREAS, the City Commission of the City of Delray Beach, Florida, finds it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, as more particularly described in Exhibit "A", based upon positive findings pursuant to LDR Section 2.4.6(M)(5), but does not abandon and retains and reserves unto itself a general utility easement over the entire abandoned area for the purpose of maintaining either over or under the surface, poles, wires, pipes or any other fatalities used for various public utilities whether owned by the City or private corporations. 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 Chaptet 177 and Chapter 166 0£ the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon allrights and interests it holds to the real property, described in Exhibit "A", except as provided for in Section 3 of this Resolution. Section 3. The City of Delray Beach City Commission does not abandon and retains and reserves unto itself a general utility easement for the purpose of maintaining either over or under the surface, poles, wires, pipes or any other facilities used for various public utilities whether owned by the City or private cotporations, over the entire abandoned area, more particularly described in Exhibit "A". PASSED AND ADOPTED in regular session on this the 6th day of A ri_l, 2015. AYOR ATTEST: City Clerk 2 RES. NO. 15-15 EXHIBIT "A" of LAKE IDA MANOR ADDITION NO. 1, according to the plat thereof, as recorded in Plat Book 24, at Page 201, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Commence at the Northeast corner of the aforementioned Lot 7, thence South along the East line of the aforementioned Lot 7 also being the West right of way of Northwest 4th Avenue, a distance of 58.28 feet to the Point of Beginning being the Point of Curvature of a 25 foot radius curve concave Northwesterly; thence along the arc of said curve through a central angle of 900 02' 00", for an arc distance of 39.28 feet to the Point of Tangency being located on the South line of the aforementioned Lot 7; thence Westerly along the aforementioned South line, a distance of 115.14 feet to the Southwest corner of the aforementioned Lot 7; thence Southerly through an angle of 89 ° 52' 00" in the Southeast quadrant along the Southerly projection of the West line of the aforementioned Lot 7, a distance of 25.00 feet; thence Easterly along a line 25 feet Southerly of and parallel with the Southerly line of the aforementioned Lot 7, a distance of 128.49 feet; thence Northeasterly through an angle of 1400 09' 52" in the Northwest quadrant, a distance of 15.62 feet to a point on the Southerly projection of the East line of the aforementioned Lot 7; thence Northerly through an angle of 12911 48' 08" in the Northwest quadrant, a distance of 40.01 feet to the Point of Beginning. Said described parcel containing 3,587 square feet more or less. 3 RES. NO. 18-15