Res 96-00Aug~-~l ~:~pmm ~ 1 --~61Glz, I~
Offi{ 1 ;E:835 Pg 947
I lB Ilill II III I III Bill IIill I III l IIIII III II IBI
RESOLUTION NO. 96-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING THOSE CERTAIN EASEMENTS RETAINED
BY THE CITY THROUGH RESOLUTION NO. 28-99, AS
MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, on May 18, 1999, the City Commission approved Resolution No. 28-
99 which abandoned a portion of N.E. 5th Street and adjacent alleyways, but did not abandon and
retained and reserved unto itself utility easements over the entire area thereof; and
WHEREAS, the relocation of utilities on the development site has been completed,
and said relocated utility easements were dedicated to the City through the Danzansky Plat which
was approved by the City Commission on January 18, 2000; and
WHEREAS, the utility easements retained to the City by virtue of Resolution No.
28-99 are no longer needed and 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 Dekay Beach to vacate and abandon said easements, based
upon posiuve findings.
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, at is hereby determined by the Dekay Beach City Commission to vacate and abandon all
right and interest it holds to the easements retained and reserved to the C~ty by Resoluuon No. 28-
99, passed and adopted by the Delray Beach City Commission on May 18, 1999, a copy of which is
attached hereto and made a part hereof.
2000.
21 st
PASSEDANDADOPTEDinregul~rsessiononthisthei,~~ DO, ~~
ATTEST:
City Clerl~ tt
MAYOR
RESOLUTION NO. 28-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA ("CITY") VACATING AND ABANDONING THE ALLEY
MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED
HERETO ("SOUTH ALLEY"), BUT RESERVNG AND RETAINING TO THE
CITY A UTILITY EASEMENT FOR EXISTING PUBLIC AND PRIVATE
UTILITIES OVER THE ENTIRE AREA OF SAID SOUTH ALLEY; ALSO
VACATING AND ABANDONING THE ALLEY MORE PARTICULARLY
DESCRIBED ON EXHIBIT "B" ATTACHED HERETO ("NORTH ALLEY"),
BUT RESERVING AND RETAINING TO THE CITY A UTILITY
EASEMENT FOR EXISTING PUBLIC AND PRIVATE UTILITIES OVER
THE ENTIRE AREA OF SAID NORTH ALLEY; ALSO VACATING AND
ABANDONING ALL THAT PORTION OF N.E. 5TM STREET AS MORE
PARTICULARLY DESCRIBED ON EXHIBIT "C" ATTACHED HERETO
("ROW"), BUT RESERVING AND RETAINING TO THE CITY A UTILITY
EASEMENT FOR EXISTING PUBLIC AND PRIVATE UTILITIES
THROUGH THAT PORTION OF THE ROW GRAPHICALLY DESCRIBED
ON EXHIBIT "D" ATTACHED HERETO ("ROW EASEMENT AREA").
WHEREAS, the City received an application for abandonment of the South Alley; and
WHEREAS, the City also received an application for abandonment of the North Alley; and
WEREAS, the City also received an application for abandonment of the ROW; and
WHEREAS, the City Commission of the City finds that its interest in the described property is no
longer needed for the public good or purpose and deems it to be in the best interest of the City to vacate and
abandon (for roadway purposes only, it being the intention that the City's rights in and to the utility
easements herein reserved are not so being abandoned and vacated) the North Alley, the South Alley and
the ROW, based upon positive findings pursuant to LDR Section 2.4.6(O)(5), but the City does not
abandon and retains and reserves unto itself a utility easement over the entire area of the North Alley, the
South Alley and the ROW Easement Area, for the purpose of emergency access and constructing and/or
maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other
facilities used for various public utilities within such areas, whether owned by the City or private
corporations; and
WHEREAS, it is the intent of the City Commission of the City that this resolution not be recorded
until the developer of the project contemplated by the "Site Plan" (as hereinafter defined), Equity Partners
Seven, Ltd., a Florida limited partnership ("Developer"), owns all of the properties more particularly
described on Exhibit "E" attached hereto ("Property"); it being acknowledged, that once all of said
properties are owned by said developer, this condition shall be deemed satisfied; and
WHEREAS, the Developer has represented to the City that it intends to plat the Property, together
with the North Alley, the ROW and the west half of the South Alley, as one tract (collectively the
"Development Site"); and
WHEREAS, the City has relied on this representation in the abandonment of the North Alley,
South Alley and ROW; and
WHEREAS, it is the intent of the City Commission of the City that this resolution not be recorded
until that certain site plan submitted to the City under City submission no. 99-113-SPF-SPR, sheet SP.01 of
site plan, dated March 18, 1999 and prepared by Marc Weiner ("Site Plan") is approved by the City; it
being acknowledged that upon approval of the Site Plan by the City, the City shall forthwith record in the
Public Records of Palm Beach County, Florida, a resolution from the City evidencing the approval of the
Site Plan, and upon recordation of said resolution, this condition shall be deemed satisfied; and
WHEREAS, it is the intent of the City Commission that, in the event the foregoing two conditions
are not satisfied on or prior to a date which is one (1) year from the date this resolution is approved by the
City Commission, the City Commission may revoke this resolution; which revocation shall be evidenced
by a resolution of the City for such purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing recitals are hereby incorporated herein by this reference.
Section 2. That pursuant to Section 177.101 (5) and Chapter 166 of the Florida Statutes, the City
hereby vacates and abandons (for roadway purposes only, it being the intention that the City's rights in and
to the utility easements herein reserved are not so being abandoned or vacated) all right and interest it holds
in and to the North Alley, the South Alley and the ROW, but does not abandon and retains and reserves
unto itself, a utility easement over the entire area of the North Alley, the South Alley and the ROW
Easement Area for the purpose of emergency access and constructing and/or maintaining, either over or
under, the surface, poles, wires, pipes, sewers, drainage facilities or any other facilities used for various
public utilities within such areas, whether owned by the City or private corporations.
Section 3. In the event the surface poles, wires,' pipes, sewers, drainage facilities, or any other
facilities lying within the easements herein reserved are, in the future, relocated pursuant to applicable
permits obtained from the applicable governmental authority having jurisdiction thereof, the City hereby
agrees that the easements herein reserved shall be vacated and abandoned by appropriate action of the City
Commission, it being acknowledged that in such event, the easements reserved herein will no longer be
needed for the public good or purpose.
Section 4. The Development Site shall be platted as one tract and developed in accordance with
the Site Plan approved by the City, subject to such changes or modifications thereto as may be approved by
2 RES. NO. 28-99
the City. In this regard, upon acquiring ownership of all the Property, the Developer shall execute and
record in the Public Records of Palm Beach County, Florida, a Declaration of Unity of Title in the form
attached as Exhibit "F".
PASSED :~ND ADOPTED in regular session on thisthe~M~_lSth(~y of ,}~V//' , 1,999.
A~TEST: #/ ,/~--./ _
City Clerk ~ /~
3 RES. NO. 28-99
EXHIBIT "A"
SOUTH ALLEY
F'~D~,S~2'~DANrIT~C~iy Rc~olulion~ ~,tlrJ,v wr~
~0:91 :$"LZ, 66/'['[/90
ORB 1
AVIRON & ASSOCIATES INC. TEI,:~fi! 394 '/]25 P. 006
SKETCH OF" DE$CRI;PTION
OF 16.00 FOOT ALLEY WAY
CDNT'ZP.d. JOUS 'TO LOTS 3, 4. 5 AND E. HAL.LE~ AND CROOTMAN'$ ~UBDZVZS,TON
Jr TRACT "A". DUBL.TN pROPERT*Z;S Z, LTD,
L~ND DE~CRZP 770N:
~ p~'tlon of g I~,00 f~t Alley Woy bet~ Lots ~ 4, ·ond 6, HALLER AND GROO~AN'~
Records of Pole Bea~ Count~ ~ido, ond
the Plat thereof es re~d ~ Plat Book SX. Pa~ 204 of the Public Records of Pole Beach
~u~t~ ~or~o, m~ pa~ieuie~ de~b~
~MKNC/NG ot t~e o~eogf c~er of ~ ~a~t 'A~' th~ge ~g~'25~ ~oog the no~h
I~e of so~ Trot 'A~ 1~0.00 f~t to the
BE~NNZN~ thence ~1~'35"E, wl~g ~e ~st I~e of ~ld Trot "A ~ 2~ ~ ~t to e point
easterly ~ten~ion, I0.~ feet to the s~theost cornor
ol~o the ~=t line of soM Lots 3, ~ 5 ~d 6, a di~t~¢e of ZO0. O0 ~et to the no~heo=t
~id lan~ I~ng nad eltuote ~ the City of Del~y Bea~, ~m Beach c~nr~ Retina, ~to~in9
NO
Z. No ~tle ~fon or Ab~troct to t~e ~ub~ct ~e~y hos been p~o~ed.
~op of R~d N~ 5, Seclien ~30I-2~. dot~: ~ X, 1959. ~ith the
A~nue, he~9 g ~i~ of N01~'35'~
5, Ooto ~ho~ hereon wos ~#ed ~om ~=~m~t~=) of reco~ end does not constitute
boundary Su~
6. Abbre~#on Legend: A~. ~ A~nut: ~ - CenfeH~e; ~D.O.[ - ~orldo D~e~menl
R~ = Rlght-of'We~ ~, ~ Sortie.
CER 77F'ZCA 770N:
$ HEREBY CE~TT~'Y ~at #m ottoched ~ketcl~ ~d ~t~ of ~e h~ Eescr~
f~e ~d ~ct to the b~t of my knoMcdgc end bMief ~ R~o~d und~ my
Moth 2~, 19~9. / ~R~ ~R~Y thor ~ Sketch and Des~lpU~ ~eets the Mlnln
Techal~l St~ndord~ set forth ~ ~pter 51GlX-B, ~ori~ A~in~t~ti~ Code.
Sectl~ 472 027. R~do Stotute~
~o ~lstroti~ No. 326a
~B. NO.
~ O.W, ~J~ AYBM.~. Iun"B ~
91/90'~ £0:91 3fll
MAY -ll'~9[TU;} 12:4S A¥1ROM & ASS0ClAT£$ INC.
ORB 1
T£L:561 ;~94 71~5 P. O07-
SKETCH OF DESCRIPT'/ON
OF 16,OO FOOT ALLEY WAY
C'ONTI:GIJOU~ TO LOTS $, 4, S A~D 6. HALLI['R AND GROOTMAN'S SfJI~'DTVTSTON
& TRACT "A". DUt~L~N PROPER'r/Es ~, L'rD.
U3T 1 LOT 18
MALLE'R ~ SU~D.~V'.~$ION
LOT 17
NI3~TH ~ LOT 3
LOT3 I N.~
....... I N.E. ~NER
4EJ~
DUB~N
LOT
I
T R A C T "A" S 89~8'25' W
DUBgIN 1
~.1. 17, PG. ~ -
(~TL~ ON ~U/X£) £0:9T ~ 6~/TT/60 ORB
E;XITIBIT "B"
Bi/BO'd ~0:9! 3fl£
[flAg 0.~ 1"d/ZJ.] £o:g! ~ 66/1T/90
NAY. -11' ~ [?UE) 12:~3 k¥11[Olt t, .~$$Or, IATE$ I[t~. TE[.:$6! 3~4~1~-$ P. OOZ
SKETCH OF DESCRIP'I-[ON
16' ALLEY ABANDONMENT
LAND DESCRSP T~ON:
A I~.00 foot Alle, y WO, F between Lots B through 13 gad Lof~ ~6 ~h~gh 31, H~AN ADD~
~ ~A ~ ~., ~r~9 to the Plot th~( os ~Oe~ ~ Plat Book 5, PgF¢ 3 of the Public
~e=ords of Palm Bee~ Counf~ ~orido. TOGE~ER ~ o carrion of o 16.00 foot Alley
~MMEN~NG o~ the cmt~e ~Jersection of N,E. 6th A~nue ~U.~ Hi~woy ~e - North
1959; thence ~9~8'25'~ =(~g f~ ¢ent~ine ~f sol~ N.~. 5t~ Street, 160,00 feet to
~mer of so~ LoT ~; thence ~01~e'55'~ ~ong ~e east fine of ~gJ~ Lott ~ through 13. a
~srence of d24. BO f~t to the n~theg~t ~r o~ said Lot 1~ then~ Ngg~E'25'E, ~ong the
~sfeH~ e~ens~ of the no~h line of ~id L~t 1~ o d~ce of 16.00 feet lo the no~hwes~
dislon~ of 32~80 feet to the POZNT ~
~CETHER ~:
C~EH~G ~ the =~=ntim~ ~EH~PO[HT ~A ~* t~ce SOI~B'3S'E, 2~.0~ ~t to th=
~thwest C~ of ~ig Lot 1~ ~ the PO[RT OF BEGINNING. three ~l~g'Jb ~ along the
~ fine Of S~d Lots f7 and l& a dlston~ of ~9.~5 f~ fo the snuthw~,t comer of tot
Sold lend= tJ~ng Md situate ~ the Cfty of Dell
6.791 squOte feet. Q15E acre#, mere er Ieee.
NO lES:
L Repro~uc~ions of tl~ls 5ketch ore ~ot u~
seal of o Florida licensed au~r ~d ma
~. No ~fle ~l~ ~r Abst~ot te the Wub,
t~mf t~e~ ore Deeds, ~osements, ~ oth~
effect ~e ~b~t p~e~ No ~ of ~
~. ~e lend ~pf~n .ho~ h~e~ ~s pti
4 Be~gs mhown h~on ~ bowed ~ the
~ of Roo~ No, ~ ~ctf~ 9JOt-~, do
~nue, ho~g a ~a~/ng or N01~'35'~
5. Dote sho~ hereon wes ce~3ed f~ ~
without the signature and the origin=l raised
=t propertj, h~s been protgded. ~t J~ possible
*inst~m~t~ ~ or unre~ whic~ may
Public Rec~ds has b~n mode b~ the ~r..
~ by fha Su~,
~o D~ar~ of Tr~apur~uUur~ Rfght--o~-~g~
r~: ~1~ ~ 1959, wlt~ the ~t~l~e of N.E. 6~
Abbreviation Legend: AV~. ,~ A~nue; C Centerline: F.D.O.T. ze ~on'da Oeportmen~ et
Transportation; I_B. ~ Lice~sed ~u~hess P. ~ Plot; P.E. = Plot Book; P.B.C.R. = Palm
B~ch County Reco~; P.O.~. ~ Po~t ef ~eg~ing; P.O.C. -- Point of Common, t;
CER 77F'J'CA 770N:
and c~ect to the beet Of ~y kno~e~Ee and beflef O~ p~pOted un,er my oirectlon on
Feb~ory 22, 1999, [ ~RTHER C~TIFY ~af this ~etch ~d Descr~tion m~t~ ~e Pin,gm
~t~ 4~2.02~ ~ide ~tatute~. · _ i ~
~H~L D. A~R~, ~.~$.
Florida R~'~trolian No. 3268
VIRGIl & AS'SOCZA TBS, JNC.
I.B. No. J J00
91/6o'a SO:ge 3n&
ORB 1 :~'8..-,~ pg
NA¥.-II'9~(TUE} 1~:44 AVIRON& A$$0CI~TE$ INC. ?£~:~! ~9~ 712~
30'
SKETCH OF DESCRIPTION
16' ALLEY ABANDONMENT
N.E. 6TH ST. ~o'
~ _ (PErk ~'J~Z e/wl~ae ~rma~o ~a ~, .f~c. ~o~-zaa, ~ ~.~ ~or 16.00'
LOt ,J N,[, LOt ,J LOT ~
LOT 13 LOT
~AS'T LINE
LOI~ 8-1.7 '~ LO~
LOT 11 LOT
LOT 10 ~ m LOT 2g
~OT 9 ~ LOT 30
~ ~E LOT ~1
~OT B LOT
S Bg~B'2~= W
16.~'
LI~E LOT ! ~ F =,,
LOT I ~' ~ :~;';;~'~
~ u-r LOT, 'ffi~ t~t~
LOT 3 16 O~ I
P,
?,
90:91 3ill 66-11-iVE
ORB
9t/1I'8 90:9I 3~& 66-II-A~
[t'~z; ON ]Ia/X1) co:e'[ ~T, 66/TT/SO
ORB 1 ;E~8,35 Pg ~8
NAY.-II'99(TUE) 12~45 AVIRON & ASSOCIATES INC. TEL:S6I 394 7125 P. O04
SKETCH OF DEScRzPnoN
N.E, ~ $~EET ABANDONMENT
LAAO DE~C.P~ T70~
,it po~ll~h of S~ct~ 9. To~ 4~ ~ ~e q3 ~asl. ~wn as N~ fifh 5~f, · ~ ~Of ~f-
~ !, 1959, ~ the ~'f~ of D~o~ Be~ P~ ~ ~f~, ~r~ ~e ~f/c~ ~s~bed os
fOlows:
~rfherl~ ~f~on. ~.84 feet fo O ~f o~ f~ s;~h r~l-of-~ ~ of s~ NE. 5~ Street ~ff
fh~c= ~rt~ster~ ~ the ~c of ~ ~, ~g o ~ of I~ fe=f, 0 ~nfr~ ~g~ of
~ of 1~ feel, o ~ ~ of 90'37'~ ~ ~ ~ ~t~ Of Z3. 7~ f~t fO 0 PO~ on l~
~t ~ghf-Of-wg~ ~. 80.~ f~f ~ o ~f on ~ nor~ ~t-Of-~ ~ or ~ N~, 5lb ~ffeef ~
fh~ ~c of o t~genS ~ve. CO~O~ fo ~e ~sf rr=~ ~e ~ soid po~t b~s
f~n~e xou~osf~ ~ s~ ~rth ~f~f-~a~ ~ f~ ~ of s~ c~, ~ · ro~/us of 15,00
feet, 0 ~ m~ of ~'Z3 '~' ~ m ~ ~f~f of Z~.40 f~ ~e ~*~8'~5'~. ~4 t,00
to e ~ol~f on l~ ~ Of o tm~t ~, ~ Io t~ ~th~St; t~ ~rl~te~ ~ng f~ ~c of
~0~8'J5~. ~ the ~ouf~ ezl~n of s~ ~st ~t~f~ ~ 40.16 f~f ~ f~ POINT ~
Z, No ~fle ~bn or ~t to t~ ~t ~o~ty ~ Oeen ~o~ [t b ~s~e ~nl th~ ~e
3, T~ ~ ~s~fbn ~ ~eon ~ ~e~ed by ~
~ Date ~ ~n ~ ~ f~m kf~r~ff~) of r~ ~ ~ ~t c~mfft~ o ~ ~y.
,4 VJROM & A~$OCJ'47'ES, .INC.
9t/Zt'a LO:9[ 3RI 66-[[-AV~
[1, T,L~ ON ~/~[J,] ;0:9! ~LrLL 66/'[T/~0
NAL-II'9~{TUE) 12:4~ AVJRO~& A~OCIATE~ ]~C. TEC:A6I ~94 7X2A P. O05
SKETCH OF DESCRIP~ON
N.E. 5TH S~EET ABANDONMENT
SCAI.~ 1' ' 40'
NORTH BOUND N.E. 6TH AVE.
F.O.o.T. R/'W M4P OF RO4~ NO. $. SECTTON 93O 1-206, D~ TE~ ?/0
- P.O.C.
S 01'08'3,5"
~,0.16'
R-15.00'
HOF'MA~ A A'DD;~'TIO:'
TO D£LRA 7'. F'LA,
LOT 5O
LOT
I
!
16' W.rDE ALLEY
I..~,mMAN ADDIT, rON
TO J:~LRA Y, FLA.
LOT 9 J IJ3T 9
; R=15.00°
I A-eS.40'
16' W,~IE ALLEY fP.J
SOUTH I
R/W LInE
m LOT I LOT ~
R-I~O0'
LoT ~
I
(L ,~ ~j SOOTH BOUND N.E. ~7-~ '-~.
~ F. DO.T. R/W MAP OF' FIO~D NO. 5. SECTZON 9~01-~o~ DA TED:
fllltOM & ABIOQIA'rEI, lNG,
UFIY~YIN(~ & MAPPINIa
&W, ~6) A~, ~ 1o2 D~TE, r
QT/{:'1 '..I I:)rI,QT ~INI RR-TT-,t~41
{tTZ~ O~ ~a/~i] ;0:gl 3J*t3, 66/TT/~O ORB
EXHIBIT "D"
ROW EASE1VIXNT .AIkEA
12:44 AVIROM I ASSOGIATES lflC. TE~:Sbl ~4 7L25 P. 00~
SKE+~H 'OF 6ESCRIP~ON -
16' ALLEY ABANDONMENT
/ LOT 12
.............. ;:~ ~ ..........
~ ~'.'.'.'.~ ~ ............
' _ __
,E. 5~ ~ , ~ " . 0 ~ /~
~ ~ ~ ~T 2
~ ~ ~ LOT 3 16.00' ~ ' ~ ~ *LO ' I,
~ ~ ....
~ -- ;~1 F~O)ER~E ~. L~,
A~M M AOO~IATE8. ~O. (P~.
LOT
LOT 13 .;;. LOT 26
?:'..'.
.:: '7.
LOT 12 ,~l '".':"¢':':
' .:,'..,x,:
?.:::'
:~ '-'
LOT
HOmAN ADDIT. rON 'i::'.~: TO D£LRA < FLA.
LOT 10 ~: ~, LOT 29
.... ."' I.~T
LOT ~
N~'?'ERL T E]~TEIY$770N ~':..'.:**! P,O.B.
L.;:.":.;
LOT e\
~ 8S~8'~.5" W-, ':':::'::.":
~. ~,£ ¢~ LOT
~.E. 5TH SK ,,~ ,~.. ~ ~_, o,,,.,,. ,,
'ZOo' sJor-~, P4~.- ~'/Df/'IM~ ~"
kOT 1 16.OO~, iI~
E, aqE'NS T'/OIV
---~1
NC~TI'f I,.~f~' LOT !
,~1, :.:; ::.:.:
DUgLIN
QT /C;I '4 I::I'I'GI '3131
[~T£; ON ~8/Xi] ;O:9T ~.rLT. 6~/TT/;O 01~ 1:;'83e5 Pg q=~E~,:;:='
EXHIBIT "E"
I'ItOI'ERTIE$
01/OT %.1 ~I'I'CIT ':IFil ~-I 1-1~1.1
LAND DESCRIPTION:
Lots I. 2 md 3. LESS the west I0 feet of sow ~fs o,d Lof= Ii' md 18. LESS lhe eosl 5 feel of sow Lots md LESS
the odddionol right-of-way for U.5. l~ghwBy One, HALLER AND GROO TMAN'5 SUBOIVISfON, occoro~ng fo Ibc
thereof on f~le in t~ Office of thc Clerk of the C, ircult Cour! in and for Palm Beach
Plo! Book 5. Page 4; said lands situate, lying and being in Pglm Beach Count, y. Florida.
Lol 4, LESS tt~ west I0 feet thereof for road rift-of-way, H4LLER Al~) GROOTMAN'5 SUBD,rVZSION.
occordng fo the Plot thereof on fee in fha Office of fha Cter/~ of the C~cui! Court in crud for Po~ Beach County.
Fto,do recorded in Piof Book ~, Page 4; sOW lands sifuole, /,vinE and t~elng in Pof'n Beach Count)'. F/or/de.
Lafs 8 md ~, of HOFM4N ADD,~TION TO DELR4 Y, FL~., occo~g Io t~ Plot ~eof, os recorded ~ the
Office of ~e C~k of f~ ~cuif Court ~ md for P~ Be~ Co~ty. F~rMo, ~ Plot Boo~ 5. Page 3. LESS
Ihot ~rl/on of the ~operly ~evJous/y conveyed/~y ~ W~rmfy Deed deled De,tuber 50. 1959 ~d
recorded ~y ~, 1960 ~ Off, Re, fda 8oak ~a~ Page 57[ ~scr~ed os fha west I0 feet of Lots ~
~ 9, ~N ~[T[~ TO D~RA ~ ~ e~ o ~rf~n of Lot 8, ~FMAN ~D[T]~ TO DELR~ Y, FL~.,
des~d os foEows, from o po~f on the south ~ of s~d Lot 8, ~cofed !0 feet =osferly from the w==t ~e
of s~d LOt 8, ~ e~slerl~ ~ong s~d ~oulh ~ for o ~sl~ce of I4.84 feet; thence r~ Norlhe~sferly/~ong
o c~e concave fo fha northeast ~ ho~g o r~ius of 15 fe=l for g ~sfmc= of ~3.40 feet, t~ou~ o cenfr~
~e of so/~ Lot 8; f~ce run Soulh Of ~ee ~ ~ufe= 05 seconds East ~nO sdd p~ol~l ~. for o ~sfonce
of 14.84 feet to t~ POINT ~ ~GJNN]NO, s~ Imds ~f~fE, I~ng ~ berg ~ P~ Beo~ Catty, F~r~o.
4ND
Lot I0. LES5 the west I0 feet os =on,eyed fo the State of Florldo in Official Records Book 519. Page 56,
Lot II and the South Half ¢S 1/2) of Lot II, LESS the west lO feet thereof, o$ conve,~ecl to the State of
Ftorido in Official Records Book 480, Page 117. HOF~N ~DD[T!ON TO DELRI4 T', FLA., according fo fh¢ Plat
Ihereof, recorded in Plat Book 5. Page $, Pubic Record= of PoJ,n 8each Count,v,
TOGETHER WTTH,
v'~.ot$ ~.6 er~ ~7. HOF'M~N 4DOiT/ON TO ~LRA ~ ~A., ~cu~ fo /he Pmf thereof on f~e ~ ldo Off~e
the C~rk of ~e ~if Co~f ~ ~ for P~ Be~ Comf~. F~= r~co~ed ~ ~of Book 5. Page ~; saw
sift/e, ly~g ~d be~g ~ P~ Beth Comfy, Fbrldo
LESS ~ east 5 feet ~=of ~ ~SS o ~ of ~ ~ Lot ~6. ~re ~fi~l~ ~s~ed us folows:
From o po~l off the ~rlh ~e of s~d Lot 26 ~co/~d 5 feet Wesler~ from fha norfh=est corner of said Lot ~6.
r~ West~ly ~ng s~ ~rth ~ for 14.~4 feet; th~.rm ~uf~o~ler/y ~oag g c~ve co~ove to f~ southwest
md ~ a r~s of I5 feet for g~,40 fcc//~ough a ~n/rE ~le of 8~ ~s Z3 mhul~s O0 ~ecoflds
1o o pouf on o ~ p~E w/fh md 5 feet wesf~/~ ~om ~ east ~e of sod Lot ~6; f~nce ~ North Ol de~ees
~ ~les 35 &~ds Wes/. ~ s~ ~e for 14.84 feet to ~e POINT ~ BEG/~/NG.
~ll of Lot gg, LES5 th~ eo~l 5 feet fha, eof, the earth 18.0~. feel of the ~/esf 8L07 feet of lhe east 86.07 feet
.faf Lo! $0 ~ t~e west 48.93 f~! of s~ Lot 50 ~ t~ ~st ~.9~ feet of Lot ~I. ~N ~]TJ~ TO
P~ Beth Co,fy. ~ r~rded ~ ~of 8oak ~, P~ ~' &~ ~Es sif~te, ly~g ~ ~ ~ P~m 8each
The south 31.96 feet of the east 86.0~ feet of Lot $0 ~ the east 86.07 feet of Lot 31, LESS the east 5
feet, I-/Ot~MAN ADD.rT,~O/V TO DELRA Y. FLA., occor~ Io Ih~ P/of fl~z~o[ on t~e ~ fl~ Of[/=~ of the Clerk
of lhe C~,c~t Court in and for Path Beach Comfy. Ftorido recorded ~ Plot Book 5, Page 5; said lands situate,
I~ or4 ~ in P=~ 8e~ 'Comt,~. Rot~da.
- TOGETHER WITH
Lot 5, H4LLER 4ND GROOTM4N'$ SUBDIVISION. occord~g fo the Plot thereof on fie ~ the Office of the
Clert~ of fh~ Circuit Court in ~nd for Palm Beo=h Cou~f~o Florida recorded ~ Plot 8oak 5, Po~je 4; said lands
Sdugfe. lying and/)ei~g itt Po~I1Beoct~ Co~J~lty, FloriEO,
EO/gO'd ~l:~l flH& 66-£1-AVk
LESS the west I0 feet thereof conveyed to the State of F'lori~o for right-of-way of Stole Rood No.
Offid~l R~.cords Book 4BO. Page 115. of the Pu~c Records of
Lot 6, LESS the west I0 fed thereof conveyed fo Stole of Florida for right-of-way of 5late Rood No.
~ Official Records 8oak 480. Page 113. H4LLER
thereof aA f~ ~ f~ Off, ce of t~ ~e~ of the ~c~f
P~f Book 5, Page ~; 5~ I~s ~t~le, ly~ md ~g ~ P~m ~ C~fy, F~ndo.
TO~i~T~ER WITH
74~ P~e 337~f I~ P~ Records of P~ Beo~ Comty, F~r~ ~8 ~g ~ the ~rthea~t ~fer ~.
I/4) of fha Eoulhwesf ~tef (S,~ 1~4) of S~tion ~, To~s~ 46 $ou~, R~ 43 East, ~ O~E more
~l~ ~es~d os
Lot I3 ~d ~ ~rfh ~f ~ I~; of Lot IZ of ~8 ~N A~IT/~ TO ~L~Y. FAA. os recorded
~ ~t Boo& 5. PO~ 3, of ~ P~ RecaPs of P~ Be~ ~mfy.
~i ~fe dried Febm~y !, 195~ ~d ~ecorded h ~d Book 1~3, Po~ 463. ~ Ihe Office of fhe Qerk of the
~cmf Co~t, ~ 8e~ Comfy.
LESS md EXCEPTING tho! cerf~n parcel of I~ to. rayed by o Special Worrmfy D~d from
Tel~hon~ ~d T~egr~ Co.my to fha State of F~r~do ~fed M~ch 30, I~60 md r~cord~ ~ Deed Book
495, Page 64[ of/he O~k of ~c~/ Co~t, ~ ~e~h Co~fy, FlorMo, ~g ~re ~t~erly desce~ed
fo~pws, 1o
Wes~ I0 feet of Lot I3 ~ the West I0 feet of t~ North H~f ~ I/2) of Lot 12. ~N ~DDZTION TO
TO DELRA )~ FLA., ~r~g Io f/~ ~of I~reoC os r~o~ed ~ P~f Book 5, P~ 3, Palm Beth Co~f~,
P~Jc Re~rds.
ALSO EXCEPT]NG:, . , ' t 13. located I0 feet Eostzrly from the northwest corner of
Lot I.t. run Easterly along solo no..r,r, mjr. l '~,~_'_'~"jl' ~q .~p feet 6~ouoh o ce, t, ol angle or =u acer
fo the southeast md hovlng a ro~us or t~ ret, ,~.
minul~s O0 seconds to o polo! on o I~e parallel wi!h and I0 feet Easterl), from the west line of sdd Lof
131 thence run North OI degree 08 rr~ules 05 seconds West along sdd pgro#el I~e for 15, 16 feet to fha
FOIIVT OF ~EGINNING,
.TOGET;{ ER WTTI~
Lot 28, ~ ADDITION TO D~LRA~, FL4., occord~g ~o fhe ?J:t th~eof on fie ~, the Off, ce of )he
Of lh¢ C,~'~t Gout! ~ md for Porn Beoch County, F);rk~ re~oro~ ~ P~t Book 5. Poge 5; $c~d ~nd~
LESS AND EXCEPT:
Eozt 5 fcet of Lot 28, HOFMAN ADDITION TO DELRA Y, F'L~., occord~g to Plot thereof, os recorded in
Pl~t Book 5, Page 3, Porn Bem:~ Comfy PubJc Record% ~onlainlng ~50 equore feet, more or less..
gO/£O'a S[:H AH£
EXHIBIT "F"
DECLARATION OF UNITY OF TITLE
Prepared By: RETURN TO:
R. Brian Shut~. Esq.
City Attorney's Office
200 N.W. 1st Avel~ue
Delray Beach, Florida 33444
DECI,A.RATION OF UNITY OF TITL~
KNOW ALL ME.N BY THESE PRESENTS, that pursuant to the ordinamces of the
City of Delray Beach pertaining to the issuance of building permits and regulating building
construction activities, the undersigned, being the fee owner(s) of the following described real
property situated in the City of Delray Beach, County of Palm Beach, State of Florida, to-wit:
do(es) hereby make the following declarations of condition, limitation and restriction on said
lands, hereinafter to be Known and refen'ed to as a Declaration of Unity of TiTle, as to the
Ibllowing particulars:
That the aforesaid plot of combination of separate lots, plots, parcels, acreage or
portions thereof, shall hereinafter be regarded and is hereby declared to be unified
under one tide as an indivisible building site.
That the said property shall henceforth be considered as one plat or parcel of land, and
that no portion thereof shall be sold, assigned, transferred, conveyed or devised
separately except in its entirety as one plot or parcel of land.
The undersigned further agree(s) that this Declaration of Unity of Title shall constjtme
a covenant to nm with the land, as provided by law, and shall be binding upon the under-
signed, their heirs, successors ~nd assigns, a~d all parties claiming under until such time as the
same may be released m writing under the order of the Chief Building Official of the City of
Delray Beach as provided in Section 7.1.3 of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida. If the release is not given by the Chief
Building Official, an appeal from such determination may be taken to the Board of
Adjustrnem. The undersigned also agree(s) that this insn'ument shall be placed of record in the
of'rice of the Clerk of the Circuit Court of Palm Beach County, Florida.
ors ; 83e
~:JE,7
Signed, sea/ed, wimessed and acl~owledged
199_, at , Florida.
Wire. ess #1:
this ~ day of_
(name printed or' type written)
(name printed or type written)
(address)
Witness #2:
(name printed or type written)
State of Florida
County of Palm Beach
The tbregoing instrument was acknowledged before me this .. day of
99_ by , who is personally known to me or who has produced
(type of identification) and who did (did not) take an oath.
Signature of Notary Public-
State of Florida
Print, Type or Stamp Name of
Notary Public
2
MEMORANDUM
TO:
FROM:
SUBJECT:
t~,~YOR AND CITY COMMISSIONERS
¥'//CITY MANAGER
AGENDA ITEM ~ ~ - REGULAR MEETING OF NOVEMBER 21, 2000
ABANDONMENT OF EASEMENTS WITHIN THE NEW PUBLIX
DEVELOPMENT SITE
DATE: JULY 3, 2000
On May 18, 1999, the City Commission approved Resolution No. 28-99 winch abandoned a portion
of N.E. 5m Street and adjacent alleyways associated w~th the construction of the new Publix grocery
store on Federal Highway. Utility easements were retained over the enttre abandonment area m order
to accommodate the relocation of utdittes on the development site.
The uttlity work was completed and the relocated utdities were dedicated through the final plat
process (Danzansky Plat) which was approved by the City Commission on January 18, 2000. The
purpose of Resolution No. 96-00 is to abandon the uttlity easements that were retained under
Resolution 28-99 as they are no longer needed.
Recommend approval of Resolution No. 96-00.
RefiAgmemo 10 .Res .96-00 .AbandonEasements .PuBhx