Res No. 101-19RESOLUTION NO. 101-19
A RESOLUTIO OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PRO VIDI G FOR THE
ABANDONME T OF WATER A D SEWER EASEMENTS
DEDICATED TO THE CITY OF DELRAY BEACH AS RECORDED
IN THE BORTO MOTORS REPLAT, PLAT BOOK NUMBER 83,
PAGES 137 THROUGH 138 OF THE OFFICIAL RECORDS OF
PALM BEACH COU TY, FOR THE SUBJECT SITE LOCATED AT
2201 . FEDERAL HIGHWAY; THE DEDICATION OF WATER
A D SEWER EASEMENTS TO REFLECT THEIR AS BUILT
LOCA TIO S; PRO VIDI G FOR AN EFFECTIVE DATE; A D
FOR OTHER PURPOSES.
WHEREAS, on ovember 3, 1998, as part of a previously approved site project for Borton
Volkswagen located at 2201 . Federal Highway, the Borton Motors Replat was recorded in Plat Book
83, Pages 137 through 138 of the Official Records for Palm Beach County, which dedicated utility
easements to the City of Delray Beach for water and sewer lines; and
WHEREAS, on April 26, 2017, the Site Plan and Appearance Board approved a new site plan for
Borton Volkswagen located at 2201 N. Federal Highway which required the reconfiguration of the water
and sewer lines; and
WHEREAS, construction of the new site plan is now complete, and the as built location of the
water and sewer lines are now final and known; and
WHEREAS, the City of Delray Beach, Florida, ("the City") received an abandonment of easement
application to vacate the original water and sewer easements (described in Exhibit "A"), and to dedicate
replacement water and sewer easements for the as built new locations ( described in Exhibit "B"); and
WHEREAS, the application of easement application was processed pursuant to Section 2.4.6 ( ),
"Abandonment of Public Easement," of the Land Development Regulations ("LDR") of the City of Delray
Beach, Florida; and
WHEREAS, pursuant to LDR Section 2.4.6(N)(3)(c), the application ts now before the City
Commission, and
WHEREAS, pursuant to LDR Section 2.4.6(N)(S), the City Commission finds the abandonment
will not result in detriment for the provision of utility services to adjacent properties or the general area,
and the portions of the previous water and sewer easements are no longer necessary to service the property
due to the relocation and installation of replacement water and sewer pipes as detailed in new easement;
and
WHEREAS, upon approval by the City Commission, the resolution be recorded with Exhibit "A"
and Exhibit "B", at the Palm Beach County Property Appraiser, and noted on the Borton Motors Replat,
Plat Book 83, Pages 137 through 138 of the Official Records of Palm Beach County.
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, the City hereby
vacates and abandons all right and interest it holds to the following real property more particularly
described in Exhibit "A".
Section 3. That this abandonment is conditional upon the execution and recording of the Easement
Agreement by Gunther Motor Company ew Ventures, LLC, dedicating the real property more particularly
described in Exhibit "B".
Section 4. That this Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED in regular session n the;//51day of,M(i , 2019.
form and legal sufficiency:
¡
2
RES. No. 101-19
SKETCH & DESCRIPTION
WATER EASEMENT
TO BE VACATED
(P.B. 83, PGS. 137-138, P.B.C.R.)
CITY OF DELRAY BEACH
A portion of Lot 2, BORTON MOTORS, according to the Plat thereof as recorded in Plat Book 83, Pages
137 through 138, of the Public Records Of Palm Beach County, Florida, being described as follows:
LAND DESCRIPTION:
A strip of land being 12 foot in width, lying 6.00 feet on each side of the following described centerline.
Commence at the northwest corner of said Lot 2; thence S16'00'00"W, 51.30 feet to a point of curvature
of a curve, concave to the southeast, having a radius of 5,669.65 feet and a central angle of 00'16'00"
feet; thence southerly along said curve an arc distance of 26.39 feet to the centerline of an existing 12
foot water easement per said plat; thence S74'00'00"E along the centerline of said existing water
easement, 12.00 feet to the Point Of Beginning of said centerline; thence continue S74'00'00"E, 344.05
feet; thence S25'35'19"E, 38.03 feet; thence S64'24'41"W, 25.00 feet; thence N64'24'41"E, 25.00 feet;
thence S25'35'19"E, 41.23 feet; thence S16'00'00"W, 122.99 feet; thence N73'59'10"W, 187.00 feet; thence
N16'00'00"E, 20.00 feet; thence S16'00'00"W, 20.00 feet; thence N73'59'1 O"W, 84.82 feet to the Point Of
Termination of said centerline.
Sidelines shall length or shorten to form a continuous strip of land.
Said lands lying in the City of Delray Beach, Palm Beach County, Florida containing 10,205 square feet.
SURVEYOR'S NOTES:
1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a
Florida Licensed Surveyor and Mapper. Additions or deletions to this sketch by other than the signing
party is prohibited without written consent of the signing party.
2. No Title Opinion or Abstract to the subject property has been provided. lt is possible that there are
Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject
property. No search of the Public Records has been made by the Surveyor.
3. The land description shown hereon was prepared by the Surveyor.
4. Bearings shown hereon are assumed based on the north line of Lot 2 having a bearing of S74'00'00"E.
5. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary
survey.
6. Abbreviation Legend: t,. = Central Angle; F.B. = Field Book; L = Arc Length; L.B. = Licensed Business;
P.B. = Plat Book; P.B.C.R. = Palm Beach County Records; PG. = Page; P.L.S. = Professional Land
Surveyor; P.O.B. = Point of Beginning; P.O.C. = Point of Commencement; P.O.T. = Point of
Termination; R = Radius.
CERTIFICATION:
I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and
correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that
this Sketch and Description meets the Standards of Practice set forth in Chapter 5~1-17, Florida
Administrative Cod.e, pursuant to Chapter 472, Florido Statutes. i) .
Date: ---i~-- A4-2í7 t{G _
/l0!N T. ÎiliS°tAN, P.L.S.
NOT VALID WITHOUT Florida Registration No. 4409
SHEETS 1 THRU 3 AVI ROM & ASSOCIA TES, INC.
L.B. No. 3300
REVISED W.R.E. 06/06/2018
A V/ROM & ASSOCIA TES, INC.
SURVEYING & MAPPING
50 S. W 2nd AVENUE, SUITE 102
BOCA RA TON, FLORIDA 33432
(561) 392-2594 I www.AVIROMSURVEY.com
@2018 AV/ROM & ASSOCIATES. INC. all rights reserved.
This sketch is the property of A V/ROM & ASSOCIATES. INC.
and should not be reproduced or copied without written permission.
JOB#: 7648-6 W1 REVISIONS
REVISED 04/04/2019 ~Orng.iASsoC''?À
S m 4 Cil
(;'~r;¡BLtSHED 19ß"I
SCALE: 1" =40'
W.R.E. DATE: 03/22/2018
BY: W.R.E.
CHECKED: J.T.D.
F.B. - PG. -
SHEET: 1 OF 3
NOT VALID WITHOUT
SHEETS 1 THRU 3
SKETCH & DESCRIPTION
WATER EASEMENT
TO BE VACATED
(P.S. 83, PGS. 137-138, P.B.C.R.)
CITY OF DELRAY BEACH
I I
I
I P.O.C.
NORTHWEST CORNER
LOT 2
{P.B. 83/137-138, P.B.C.R.)
o 40 80
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GRAPHIC SCALE IN FEET
SCALE: 1" = 40'
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~ ' - - - -
- LOT 1
{P.B. 95/177-178, P.B.C.R.)
- - - - - - ·-
- (P.a.
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10,205 SQUARE FEET I
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i tül uw
t- :e 4 tn :E w ~,
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LOT2
{P.8. 83/137-138, P.B.C.R.)
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----- REVISIONS
REVISED 04/04/2019
A V/ROM & ASSOCIA TES, INC.
SURVEYING & MAPPING
50 S.W 2nd AVENUE, SUITE 102
BOCA RATON, FLORIDA 33432
(561) 392-2594 I www.AVIROMSURVEY.com
JOB#: 7648-6_W1
REVISED W.R.E. 06/06/2018 SCALE: 1" = 40'
W.R.E. DATE: 03/22/2018
BY: W.R.E.
CHECKED: J.T.D.
@2018 AV/ROM & ASSOCIATES. INC. all righls reserved. F.B. - PG.
;~~ ;t;t¡J ~~:1':/::rroZc":d~Y':a~'';l.J,l;u~C:::e~s~~ ... ion SHEET: 2 OF 3
NOT VALID WITHOUT
SHEETS 1 THRU 3
SKETCH & DESCRIPTION
WATER EASEMENT
TO BE VACATED
(P.S. 83, PGS. 137-138, P.B.C.R.)
CITY OF DELRAY BEACH
- - GRAPHIC SCALE IN FEET
SCALE: 1" = 40'
80
I
S64º24'41"W
25.001
N64º24' 41 "E
·-·-·-·-·-·- -·-·-·-·- ·-·-·-·-·-·-·-·-·- ·-·-·-·-·-·-·-·-·-·-·-·-·-·
REVISED W.R.E. 06/06/2018
A V/ROM & ASSOCIA TES, INC.
SURVEYING & MAPPING
50 S. W 2nd AVENUE, SUITE 102
BOCA RA TON, FLORIDA 33432
(561) 392-2594 I www.AVIROMSURVEY.com
@2018 AV/ROM & ASSOCIATES, INC. all righls reserved.
This sketch is the properly of AV/ROM & ASSOCIATES. INC.
and should not be reproduced or copied without written permission.
JOB#: 7648-6_W1 REVISIONS
REVISED W.R.E. 04/04/2019
SCALE: 1" = 40'
DATE: 03/22/2018
BY: W.R.E.
CHECKED: J.T.D.
F.B. - PG.
SHEET: 3 OF 3
LAND DESCRIPTION:
SKETCH & DESCRIPTION
SEWER MAIN EASEMENT
TO BE VACATED
(P.B. 83, PGS. 137-138, P.B.C.R.)
CITY OF DELRAY BEACH
A portion of Lot 2, BORTON MOTORS, according to the Plat thereof as recorded in Plat Book 83, Pages
137 through 138, of the Public Records Of Palm Beach County, Florida, being described as follows:
A strip of land being 12 foot in width, lying 6.00 feet on each side of the following described centerline.
Commence at the northwest corner of said Lot 2; thence S74'00'00"E along the north line of said Lot 2,
a distance of 302.20 feet; thence S16'50' 43"W, 95. 70 feet to the centerline of an existing 12 foot sanitary
sewer easement per said Plat, also being the Point Of Beginning of said centerline; thence N73"09'17"W,
177.01 feet; thence S74'29'28"W, 45.62 feet to the Point Of Termination of said centerline.
Sidelines shall length or shorten to form a continuous strip of land.
Said lands lying in the City of Delray Beach, Palm Beach County, Florida containing 2,672 square feet.
SURVEYOR'S NOTES:
1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a
Florida Licensed Surveyor and Mapper. Additions or deletions to this sketch by other than the signing
party is prohibited without written consent of the signing party.
2. No Title Opinion or Abstract to the subject property has been provided. lt is possible that there are
Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject
property. No search of the Public Records has been made by the Surveyor.
3. The land description shown hereon was prepared by the Surveyor.
4. Bearings shown hereon are assumed based on the north line of Lot .2 having a bearing of S74'00'00"E.
5. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary
survey.
6. Abbreviation Legend: F.B. = Field Book; L.B. = Licensed Business; P.B. = Plat Book; P.B.C.R. = Palm
Beach County Records; PG. = Page; P.L.S. = Professional Land Surveyor; P.O.B. = Point of Beginning;
P.O.C. = Point of Commencement; P.O. T. = Point of Termination.
CERTIFICATION:
I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and
correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that
this Sketch and Description meets the Standards of Practice set forth in Chapter 5J-17, Florida
Administrative Code, pursuant to Chapter 472, Florida Statutes.
NOT VALID WITHOUT
SHEETS 1 AND 2
) -dt.e_,, ~_::::¿'_!:. _
HN T. DOOGAN, P.L.S.
rida Registration No. 4409
AVIROM & ASSOCIATES, INC.
L.B. No. 3300
Date: __ ±fafe{J/¡ _
REVISIONS
REVISED W.R.E. 06/06/2018
A V/ROM & ASSOCIA TES, INC. JOB#: 7648-6 S1 - ~a.Ass0 SURVEYING & MAPPING SCALE: 1' = 40'
i(!)= 50 S.W. 2nd AVENUE, SUITE 102 DATE: 03/22/2018
BOCA RA TON, FLORIDA 33432 BY: W.R.E.
(561) 392-2594 I www.AVIROMSURVEY.com CHECKED: J.T.D.
~J'1:48L/SHED 196' @2018 AV/ROM & ASSOCIATES. INC. all rights rese,ved. F.B. - PG. - - This sketch is the property of AV/ROM & ASSOCIATES. INC.
and should not be reproduced or copied without written permission. SHEET: 1 OF 2
REVISED W.R.E. 04/04/2019
SKETCH & DESCRIPTION
SEWER MAIN EASEMENT
-- -. TO BE VACATED
\- -\-- _. (P.B. 83, PGS. 137-138, P.B.C.R.) \ \ - -- ·-.-.. ~12: OF DELRAY BEACH
\ --- IJ.s LI \ ·--._ • rilG
\~ ----------. (sr,4 rt ºltt'f4-y No
t,4ENÎ --._ 1'"ºAo • 1
' EWER EASE p.s.c.R.) \ -- . - No. 5: \ 12 s 37-138, \ /J\· I
(P.B· 83/1 \ P.O.C._..........., ·1 / - - ·---....-...
\ \ NORTHWEST CORNER / -- --
\ LOT 2 I
P.O.T. \ \ (P.B. 83/137-138, P.B.C.R.) I ~ \ i
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CENTERLINE EXISTING
12' SEWER EASEMENT
. ' /~ I r.::,¡
-~ r:
J.._ .» i C) CJ" VJ .
"O::j~ I
~ Q.· 0 i LOT 1
" ;E: . "f:r'~ ¡ (P.B. 95/177-178, P.B. C.R.) iS ,¡s
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O::i i é-~-1 . Ç:) q_· I ,c:s
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NORTH
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~- wol ~
GRAPHIC SCALE IN FEET
SCALE: 1" = 40'
80
I
P.O.S.
I
I
I
I
I
I
I
NOT VALID WITHOUT
SHEETS 1 AND 2
REVISED W.R.E. 06/06/2018
A V/ROM & ASSOCIA TES, INC.
SURVEYING & MAPPING
50 S.W 2nd AVENUE, SUITE 102
BOCA RA TON, FLORIDA 33432
(561) 392-2594 I www.AVIROMSURVEY.com
@201e AV/ROM & ASSOCIATES. INC. all righls reserved. F.B. - PG.
IiJ ::~tfJ ~~t:/:rrozi~ ~~~~cgt:/.j,f.Ju~C.:JJ,,~5¡,},~.sion SHEET: 2 OF 2
JOB#: 7648-6 S1 -
SCALE: 1" = 40'
DATE: 03/22/2018
BY: W.R.E.
CHECKED: J.T.D.
REVISIONS
REVISED W.R.E. 04/04/2019