Res 41-06
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RESOLUTION NO. 41-06
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A 10-FOOT WIDE SEWER EASEMENT
LYING WITHIN LOTS 4 THROUGH 10 OF BLOCK 97,
HIGHLAND PARK (PLAT BOOK 2, PAGE 79), AS
RECORDED IN ORB 921, PAGES 420-421, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a 10 foot wide sewer easement, as recorded in Official Records Book 921, Page
420 and Official Records Book 921, Page 421, of the Public Records of Palm Beach County,
Florida, as more particularly described in Exhibit "A"; said easement being located within Lots 4
through 10 of Block 97, Highland Park (FB 2, PG 79);
WHEREAS, the application for abandonment 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) (3) (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 (N) (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 the City of Delray Beach to vacate and abandon 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:
See Exhibit "A"
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PASSED AND ADOPTED ill regular seSS10n
,2006.
A1TEST:
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City Clerk
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MAYOR
Resolution No. 41-06
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Exhibit "A"
Easement Description
10' Utility Easement to be Abandoned
THE WEST 10 FEET OF THE EAST 20 FEET OF LOTS 4 THROUGH 10,
INCLUSIVE, BLOCK 97, HIGHLAND PARK, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 79, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
3
Resolution No. 41-06
SKETCH OF DESCRIPTION
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THS IS NOT A SlRVEY
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IS ASSUreD TO BEAR
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DESCRPnav:
TfE M'ST 10 FEET OF TfE EAST
20 FEET OF LOTS 4 TJ-RCXJGH KJ.
INCLUSIVE, BLOCK 97, HGH..ANJ
PARK, ACCORDING TO TfE PLAT
TJ-EREOF AS RECORDED IN PLA T
BOOK 2, PAGE 79, PtBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA
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DATE: APRIL 28, 2006
O'BRIEN. SUITER c!c O.BRIEN. INC
CERTIFICA TE OF AUTHORlZA TION #LB353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE: PAUL D. ENGLE .
955 N. W. 17TH A VENUE, SUITE KI
DELRA Y BEACH FLORIDA 33445
(561) 276-4501 (561) 732-3279
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TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER ~ ~
PAUL DORLlNG, DIRECTOR OF PLANNING & ZON
NGUYEN TRAN, SENIOR PLANNER
MEETING OF JUNE 20, 2006 *** CONSENT AGENDA ***
APPROVE RESOLUTION NO. 41-06 ABANDONING A 10-FOOT WIDE SEWER
EASEMENT LYING WITHIN LOTS 4 THROUGH 10 OF BLOCK 97, HIGHLAND
PARK (PB 2, PG 79), LOCATED ON THE WEST SIDE OF N.E. 5TH AVENUE
(SOUTHBOUND FEDERAL HIGHWAY) BETWEEN N.E. 3RD STREET AND N.E. 4TH
STREET.
The request involves abandoning a 10-foot wide sewer easement along N.E. 5th Avenue (Federal
Highway) lying within Lots 4-10, Block 97, Highland Park. The sewer easement was dedicated to
the City of Delray Beach in August of 1963 by two Easement Deeds recorded in Official Records
Book (O.R.B.) 921, Page 420 and O.R.B. 921, Page 421. Currently, no City facilities have been
identified within this easement area.
The abandonment request was submitted by Porten Companies, the developer and owner of the
property. The development proposal is to abandon this sewer easement thereby cleaning up the
site to accommodate a mixed use development named Cityscape. The property currently contains
the Scobee Ireland Funeral Home, Native Florida Gallery (fka Dee's Alterations) and a single family
home. The proposal will involve the relocation of the two structures and the demolition of the funeral
home and construction of seventy-five (75) residential units and 24,000 sq. ft. of commercial space.
At its meeting of January 24, 2005, the Planning and Zoning Board approved a conditional use
request to allow an increase in building height to exceed 48 feet. On April 5, 2006, the Site Plan
Review and Appearance Board granted site plan approval for the mixed use development on this
site. A final plat for Cityscape is being processed concurrent with this abandonment request.
Pursuant to LOR Section 2.4.6 (N) (5) the following finding must be made prior the City Commission
granting an abandonment of a public easement: The abandonment will not result in the detriment for
the provision of utility services to the adjacent properties or the general area.
The City's Environmental Services Department (ESD) did not locate any City utilities within the
proposed abandonment area. Since the easement was dedicated exclusively to the City of Delray
Beach as a sewer easement, Florida Power & Light, Adelphia Cable, Florida Public Utilities
Company and BellSouth would not have an interest in this request and therefore are not required to
comment. The proposed Cityscape development will connect to existing mains located to the rear of
the property along the alleyway adjacent to the Florida East Coast (F.E.C.) Railroad; therefore, this
easement is no longer needed.
By motion, approve Resolution No. 41-06 to abandon a 10' wide sewer easement lying within Lots 4
through 10 of Block 97, Highland Park (PB 2, PG 79), by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.6(N)(5), Abandonment of Public
Easements, of the Land Development Regulations.
Attachments:
Location Map
Abandonment Resolution 41-06
S:IPlannlng & ZonlnglBOARDSICITY COMMISSIONlAbandonment of Easement-Cltyscape.doc
~~
RESOLUTION NO. 41-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
10-FOOT WIDE SEWER EASEMENT LYING WITHIN LOTS 4
THROUGH 10 OF BLOCK 97, HIGHLAND PARK (PLAT BOOK 2,
PAGE 79), AS RECORDED IN ORB 921, PAGES 420-421, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida, received an application for abandonment
of a 10 foot wide sewer easement, as recorded in Official Records Book 921, Page 420 and Official
Records Book 921, Page 421, of the Public Records of Palm Beach County, Florida, as more particularly
described in Exhibit "A"; said easement being located within Lots 4 through 10 of Block 97, Highland
Park (PB 2, PG 79);
WHEREAS, the application for abandonment 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)(3)(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(N)(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 the City of Delray Beach to vacate
and abandon 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:
See Exhibit "A"
PASSED AND ADOPTED in regular session on this the _ day of
,2006.
MAYOR
A1TEST:
City Clerk
Exhibit" A"
Easement Description
1 0' Utility Easement to be Abandoned
THE WEST 1 0 FEET OF THE EAST 20 FEET OF LOTS 4 THROUGH 1 0,
INCLUSNE, BLOCK 97, HIGHLAND PARK, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 79, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
2
Resolution No. 41-06
SKETCH OF DESCRIPTION
EXHBT "A"
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NOTES:
THS IS NJT A SLRVEY
TfE NORTH LItE OF LOT 4
IS ASSUreD TO BEAR
N.890tO'1O''W.
f = CENTERLINE
DESCRPnav:
Tf-E WEST 10 FEET OF TfE EAST
20 FEET ex: LOTS 4 TI-ROUGH KJ.
If.K:LUSlVE, BLOCK 97, HGH...ANJ
PARK, ACCORDING TO TfE PLA T
Tf-EREOF AS RECORDED IN PLA T
BOOK 2, PAGE 79, Pl..B...IC RECORDS
OF PALM BEACH COUNTY, FLORIDA
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DA TE: APRIL 28, 2006
O'BRIEN, SUITER &: O'BRIEN. INC
CERTIFICA TE OF AUTHORlZA TION #LB353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE: PAUl. D. ENGLE
955 N. W. 17TH A VENUE, SUITE K1
DELRA Y BEACH FLORIDA 33445
(561) 276-4501 (561) 732-3279
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- ABANDONMENT OF A 10' WIDE SEWER EASEMENT-
t.4AP REF: LM804