Res 33-16RESOLUTION NO. 33-16
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING EASEMENTS ASSOCIATED WITH 920
SEASAGE DRIVE IS LOCATED ON THE WEST SIDE OF
SEASAGE DRIVE, SOUTH OF AZALEA ROAD AND AS
MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of easements retained in favor of the City and public utility providers via
deeds as recorded in the public records of Palm Beach County, Official Records Book Book
24, Page 67 and as more particularly described herein; and
WHEREAS, the application for abandonment of said easements 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) (3) (c), the application was forwarded to
the City Commission with the recommendation that the abandonments 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(N)(5), finds that the abandonments 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 said easement, as more
particularly described in herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
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:
EXHIBIT "A"
PASSED AND ADOPTED in regular session on the 23`d day August, 2016.
ATTEST:
City Clerk
MAYOR
Res No. 33-16
2
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THE SOUTHERLY 5.0 FEET OF LOT 4,
BLOCK 5, SEAGATE EKTENSION,
ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 24, PAGE 67,
PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
ORDER NO, 14-37'AB"920 ABANDONMENT
PAUL D. ENGLE
SURVEYOR do MAPPER NO, 5708
DA TE. MAY 9, 2016
OBRIEN, SUITER & O'BRIEN, INC,
CERTIFICATE OF AUTHORIZATION JL B353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE PAUL D. ENGLE
955 N.W. 17TH AVENUE, SUITE K-1
DELRAY BEACH FLORIDA 33445
(561) 276-4501 (561) 732-3279
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City of Delray Beach 100 N.W. h, FL 34
Delray Beach, FL 33444
Legislation Text
File #: 16-728, Version: 1
TO: Mayor and Commissioners
FROM: Timothy Stillings, Planning, Zoning and Building Director
THROUGH: Donald B. Cooper, City Manager
DATE: August 23, 2016
RESOLUTION NO. 33-16: ABANDONMENT OF A 5' EASEMENT FOR 920 SEASAGE DRIVE
Recommended Action:
Motion to Approve the abandonment of a 5' easement along the south property line of an existing
single family residential lot located at 920 Seasage Drive as recorded in Plat Book 24, Page 67 of the
Public Records of Palm Beach County, based upon positive findings with respect to LDR Section
2.4.6(N)(5).
Background:
The item before the City Commission is the abandonment of a 5' easement which is legally described
as the south 5' of Lot 4, Block 5 of Seagate Extension (PB 24/PG 67). The 0.6378 acre (10,861 sq.
ft.) site is located on the west side of Seasage Drive, south of Azalea Road (adjacent to ICWW). It is
zoned R -1 -AAA (Single Family Residential) with a LD (Low Density Residential) Future Land Use
Map (FLUM) designation. It is located within the Seagate Overlay District. The 5' easement is
reflected on the Plat of Seagate Extension as recorded in Plat Book 24 Page 67 on August 17, 1953.
The abandonment request was submitted by the owners (Joseph A. Colletta & Kathy S. Colletta) who
have designated Seaside Builders LLC as their agents. This abandonment is being processed in
association with a site plan approval request for a new single family residence within the Seagate
Overlay District. Pursuant to LDR Section 2.4.6(N)(5) the following finding must be made prior the
City Commission granting an abandonment: The abandonment will not result in the detriment for the
provision of utility services to the adjacent properties or the general area.
Florida Power and Light (FP&L) has a riser pole with down guys located within the existing 5'
easement. FPL has agreed to abandon the existing 5' easement and establish a 10' utility easement
along the property frontage to accommodate the relocated utilities. As part of a private agreement
with FPL, prior to construction of the 920 Seasage Drive proposal, the existing utilities will be
removed and relocated to the newly created 10' utility easement. Therefore, this 5' easement is no
longer needed. The developer/owner has agreed to provide the replacement easement which will be
handled via separate instrument. Florida Power & Light, Comcast Cable, Florida Public Utilities and
AT&T have reviewed the request and have no objection.
City Attorney Review:
Approved as to form and legal sufficiency.
City of Delray Beach Page 1 of 2 Printed on 8/18/2016
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EXHIBIT 'A"
SHEET 7 OF 7
NOTES•
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ASSUMED TO BEAR N.60000'00'E
C.A. = CENTRAL ANGLE
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ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 24, PAGE 67,
PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
ORDER N0, 14-37'AB"920 ABANDONMENT
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PAUL D. ENGLE
SURVEYOR do MAPPER N0. 5708
DA TE • MA Y 9, 2016
O'BRIEN, SUITER do OBRIEN, INC.
CERTIFICATE OF AUTHORIZATION 11LB353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE. PAUL D. ENGLE
955 N. W. 17TH A VENUE, SUITE K—I
DELRA Y BEACH FLORIDA 33445
(561) 276-4501 (561) 732-3279
ZADataVrawingslGENERAL CA0DIGxd1920 SEA SAGE ABANDONMENT -- 05/09/2016 -- 12:14 PM -- Scale 1: 360.0000
Mike Jeffery
From: THOMAS, GEORGE <gt5193@att.com>
Sent: Tuesday, March 29, 2016 9:25 AM
To: Mike Jeffery
Subject: RE: 920 Seasage, Delray Beach - Abandonment of Easement
Mr. Jeffery,
ATT Florida currently has no facilities in the easement in question and has no objections to said easement being
abandoned.
C160 ✓° Thi 0V.tPS
NiGr-OSI-' Dsckw, 5 EvLgg
NOTICE: This e-mail and any files transmitted with it are AT&T property, are confidential, and are intended solely for the use of
the individual or entity to whom this email is addressed. If you are not one of the named recipient(s) or otherwise have reason to
believe that you have received this message in error, please notify the sender and delete this message immediately from your
computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited
From: Mike Jeffery [_mailto:mike@envdesign.com]
Sent: Wednesday, March 23, 2016 4:33 PM
To: James. E. Lockett@fpl.com; THOMAS, GEORGE <gt5193@att.com>; Steven Rosa@ cable.comcast.com: ENGINEERING
- WPB <ENGINEERING-WPB@chpk.com>
Cc: Elizabeth Cutaia<ecutaia@seasidebuildersfla.com>
Subject: 920 Seasage, Delray Beach - Abandonment of Easement
/0
We are looking to abandon an existing easement that runs east -west at the south property line of 920 Seasage, Delray
Beach. Please find attached the markup showing the location of the existing easement to be abandoned. The City is
asking we get confirmation from all of the utility providers that they have no services running through this easement and
that you will not be affected by us abandoning the easement.
Please email me a confirmation either as a letter or just responding to this email that you have no objections to the
abandonment of this easement.
Feel free to call if you have any questions or require additional information.
Thanks,
Mike Jeffery, Project Manager
EnviroDesign Associates, Inc.
298 Pineapple Grove Way
Delray Beach, FL 33444
Phone: (561) 274-6500 Ext. 106
Fax: (561) 274-8558
Mikena.EnvDesign.com I www.EnvDesign.com
�omcast
Florida Regional Office
10435 Ironwood Rd.
Palm Beach Gardens, FI. 33410
March 29, 2016
RE: 920 Seasage, Delray Beach - Abandonment of Easement
In reviewing your request on the above referenced project, it appears that all our
facilities are accurately reflected on the plans and there appears to be
no conflict with the proposed project.
Should you have any other questions, please feel free to call me at 561-454-
5851 or e-mail at steven_rosa@cable.comcast.com
Sincerely,
teve Rosa
Sr. Field Coordinator
Comcast Cable
Mike Jeffery
From: Gibbs Ivan <igibbs@chpk.com>
Sent: Thursday, March 24, 2016 5:32 PM
To: mike@envdesign.com
Cc: Butcher, Dale
Subject: RE: 920 Seasage, Delray Beach - Abandonment of Easement
Flag Status: Flagged
Mike,
FPUC presently has no facilities in this easement nor do we plan to utilize it in the future; therefore we consent to the
abandoning of the easement highlighted on the survey provided.
Any questions let us know
Engineering Department
Florida Public Utilities Company
P.O. Box 3395, West Palm Beach FL 33402-3395
r�Y:(561)838-1769
engineering-wpb@fpuc.com www.FPUC.com
FLW
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From: Butcher, Dale
Sent: Wednesday, March 23, 2016 9:17 PM
To: Gibbs Ivan <igibbs@chpk.com>
Subject: Re: 920 Seasage, Delray Beach - Abandonment of Easement
Please check closely you know w t do
DB
Sent from my iPhone
On Mar 23, 2016, at 4:32 PM, Mike Jeffery <mike@envdesign.com> wrote:
All,
We are looking to abandon an existing easement that runs east -west at the south property line of 920
Seasage, Delray Beach. Please find attached the markup showing the location of the existing easement
to be abandoned. The City is asking we get confirmation from all of the utility providers that they have no
services running through this easement and that you will not be affected by us abandoning the easement.
Please email me a confirmation either as a letter or just responding to this email that you have no
objections to the abandonment of this easement.
Florida Power & Light Company
June 8, 2016
Seaside Builders, LLC
Attn: Elizabeth Cutaia
RE: 920 Seasage Drive- Easement Abandonment
Dear Ms. Cutaia:
FPL has no objections to the abandonment of the above referenced easement as illustrated on attachment Exhibit "A".
Seaside Builders has consented to grant a 10' GUE along the frontage of the property to cover existing FPL facilities as
described and illustrated on attached Exhibit `B".
If you require any further info ation or assistance, please do not hesitate to contact me at (561) 742-2045.
qals(to—c
rely,��
keltr Engineer -FPL
Attachments
An FPL Group Company
SKETCH OF DESCRIPTION
EXHIBIT "A "
SHEET I OF I
NOTES
Q THIS IS NOT A SURVEY
THE SOU THERL Y LINE OF LOT 4 /S
ASSUMED TO BEAR N.60000'00'E
C.A. = CENTRAL ANGLE
= CENTERLINE
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THE EASTERLY 10.0 FEET OF LOT 4,
BLOCK 5, SEAGATE EXTENSION,
ACCORDING TO THE PLA T THEREOF AS
RECORDED IN PLAT BOOK 24, PAGE 67,
PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
ORDER NO. 14-37'GUE"920 GENERAL UTILITY EASEMENT
i
i,.
PAUL D. ENGLE
SURVEYOR & MAPPER NO. 5708
DA TE- MA Y 9, 2016
O'BRIEN, SUI TER & 0 BRIEN, INC.
CERTIFICATE OF AUTHORIZATION #L B353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE- PAUL D. ENGLE
955 N. W. 17TH AVENUE, SUITE K-1
DELRAY BEACH FLORIDA 33445
(569 276-4501 (561) 732-3279
Z: IDatalDrawingslGENEftAL CADDIGxd1920 SEA SAGE GENERAL UTILITY EASEMENT -- 05/09/2016 -- 12:14 PM -- Scale 1: 360.0000
City Of Delray Beach
Department of Environmental Services
M E M O R A N D U M
TO: Candi Jefferson, Principal Planner via email
FROM: Tracie M. Lutchmansingh, PE, Asst. City Engineer
DATE: June 3, 2016
PROJECT: 920 Seasage Drive Easement Abandonment
Engineering has no objections to the abandonment of the 5' easement that runs parallel
to the south / southeast property line at 920 Seasage Drive and as recorded in Plat
Book 24, Page 67 of the Public Records of Palm Beach County.
Cc: Isaac Kovner, P.E., City Engineer
Abandonment File
U:\pzdata\Beach Overlay District\920 Seasage Drive\920 Seasage Drive Easement Abandonment 06-3-16.doc
CONSENT AGENDA ACKNOWLEDGEMENT
920 Seasage Drive
Abandonment of Easement
1. The abandonment of easement for 920 Seasage Drive is scheduled to go before
the City Commission for review and approval on August 23, 2016.
2. The City staff presented documentary evidence and testimony to the utility
providers pertaining to the abandonment of easement requirements. All of the
evidence is a part of the record in this case.
jF THE FOLLOWING SECTIONS MUST BE COMPLETED BY THE APPLICANT
PICK ONLY ONE (1) OF THE FOLLOWING OPTIONS BELOW:
.14 The Applicant agrees with the determination and/or recommendation made by
the utility providers (i.e. FPL, AT&T, FPU and Comcast).
❑ The Applicant disagrees with the determination and/or recommendation made by
the utility providers (i.e. FPL, AT&T, FPU and Comcast).
PICK ONLY ONE (1) OF THE FOLLOWING OPTIONS BELOW:
4 The Applicant agrees with this item being approved on the consent agenda for
the August 23, 2016 City Commission meeting and concurs with the City's
position.
❑ The Applicant opposes the City's position and requests placement on the
regular agenda as a quasi-judicial public hearing on August 23, 2016.
SIGNATURE: DATE:
ssigned Representative (applicant/agent/ wner) (Month/Day/Year)
Florida Power & Light Company
June 8, 2016
Seaside Builders, LLC
Attn: Elizabeth Cutaia
RE: 920 Seasage Drive- Easement Abandonment
Dear Ms. Cutaia:
FPL has no objections to the abandonment of the above referenced easement as illustrated on attachment Exhibit "A".
Seaside Builders has consented to grant a 10' GUE along the frontage of the property to cover existing FPL facilities as
described and illustrated on attached Exhibit `B".
If you require any further info ation or assistance, please do not hesitate to contact me at (5 61) 742-2045.
qa!sC
rrely,
ockelt—r Engineer -FPL
Attachments
An FPL Group Company
ON
SKETCH OF DESCRIPTION
EXHIBIT ';4"
SHEET 1 OF 1
NOTES:
Q TMS IS NOT A SURVEY
THE SOUTI-IERL Y LINE OF LOT 4 IS
ASSUMED TO BEAR N.60000'00't
C.A. = CENTRAL ANGLE
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DESCRIPTION.•
THE EASTERLY 10.0 FEET OF LOT 4,
BLOCK 5, SEAGATE EXTENSION,
ACCORDING TO TI-' PLAT THEREOF AS
RECORDED IN PLAT BOOK 24, PAGE 67,
PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
ORDER NO. 14-37"GLV-920 GENERAL UTILITY EASEMENT
91 D. q1,1,1'
PAUL D. ENGLE
SURVEYOR & MAPPER N0. 5708
DATE: MAY 9. 2016
OWEN, SUI7ER & OBR/EN, INC.
CERTIFICATE OF AUTHORIZ4770N fLB353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE- PAUL D. EAQ-E
955 N.W. 17TH AVENUE, SUITE K-1
DEL4AY BEACH FLORIDA 33445
(561) 276-4501 (561) 732-3279
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