Res No. 148-19RESOLUTION NO. 148-19
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR THE
ABANDONi\.ŒNT OF A PORTION OF OLD DIXIE HIGHWAY
RIGHT-OF-WAY, LYING WEST OF AND ADJACENT TO THE
NORTH 20 FEET OF LOT 14 AND ALL OF LOTS 15, 16 AND 17,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 21, PAGE 13, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, LOCATED APPROXIMATELY 415 FEET SOUTH OF
GULFSTREAM BOULEVARD, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, the City of Delray Beach, Florida ("the City") received an application (2019-153-
ABR-CCA) for the abandonment of a six-thousand four-hundred and eighty-two (6,482) square foot
portion of Old Dixie Highway Right-of-Way (ROW), lying west of and adjacent to the north 20 feet of
Lot 14 and all of Lots 15, 16 and 17, according to the plat thereof as recorded in plat book 21, page 13,
public records of Palm Beach County, Florida, bounded on the north and south as follows: on the north
by the westerly extension of the north line of said Lot 17 and on the south by the westerly extension of
a line 20 feet south of and parallel to the north line of said Lot 14, as more particularly described in
Exhibit "A"; and
WHEREAS, the portion of the right-of-way requested for abandonment was dedicated to the
public for perpetual use, as recorded in Plat book 21, page 13 of the Public Records of Palm Beach County,
Florida; and
WHEREAS, the City determined, except for a general utility easement, there is not now, nor will
there be, any need for the use of this portion of the ROW for public purposes, as required by the City's
Comprehensive Plan at Policy A-6.3 of the Transportation Element and Sec. 2.4.6(M) of the Land
Development Regulations; and
WHEREAS, pursuant to LDR Section 2.4.6(M)(3)(e), the Planning and Zoning Board, as the
Local Planning Agency, formally reviewed the matter at a public hearing on August 19, 2019, and voted 5
to O in favor 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 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 to abandon said right-of-way, based upon positive findings pursuant to LDR Section 2.4.6 (M)(5).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the forgoing recitals are hereby incorporated herein by this reference and
are approved and adopted.
Section 2. That pursuant to Policy A-6.3 of the Transportation Element and Sec. 2.4.6(M)
of the Land Development Regulations of the City of Delray Beach, the City hereby determines that
said lands are not being used now, nor will be used in the future, for public purposes and thus
abandoning such rights and interests it might hold, if any, to the following 6,482 square foot portion
of Old Dixie Highway Right-of-Way (ROW), lying west of and adjacent to the north 20 feet of Lot
14 and all of Lots 15, 16 and 17, according to the plat thereof as recorded in plat book 21, page 13,
public records of Palm Beach County, Florida, bounded on the north and south as follows: on the
north by the westerly extension of the north line of said Lot 17 and on the south by the westerly
extension of a line 20 feet south of and parallel to the north line of said Lot 14 as more particularly
described in Exhibit "A" attached hereto.
Section 3. That the City of Delray Beach hereby retains and reserves unto itself a general
utility easement for the purpose of the construction and maintenance of public utilities/ drainage
facilities (including sewer lines), with full and free right, liberty, and authority to enter upon and to
install, operate, and maintain such facilities under, across, through and upon, over, under, or within
the following described property located in Palm Beach County, Florida, more particularly described
in Exhibit "B" attached hereto, concomitant and coextensive with this right is the further right in the
Grantee, its successors and assigns, of ingress and egress over and on that portion of land described
above, to affect the purposes of the easement.
Section 4. The City Clerk, or designee, is directed to send a certified copy of this Resolution
to Paul D. Engle.; O'Brien, Suiter & O'Brien, Inc., for attachment to petition to Palm Beach County
for right-of-way abandonment.
This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED in regular session o~~=;:'-,.J.. ,'...._~_ day of ¥'J~,t 2019.
Section 5.
2
RES. NO. 148-19
COMPOSITE EXHIBIT "A" - SKETCH AND LEGAL DESCRIPTION
4
SKETCH OF DESCRIPTION
EXHIBIT 'A "
SHEET 1 OF 1
LOT 18
NORTH LINE
LOT 17
LOT 17
LOT 16
~ -J è5 V)
~ DESCRIPTION:
THE EAST 20.0 FEET OF THAT PORTION
OF THE OLD DIXIE HIGHWAY ROAD RIGHT
OF WA Y LYING WEST OF AND ADJACENT
TO THE NORTH 20.0 FEET OF LOT 14
AND ALL OF LOTS 15, 76 AND 77,
DELRAY BEACH ESTA TES, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 21, PAGE 13, PUBLIC
RECORDS OF PALM BEACH COUNTY,
FLORIDA. BOUNDED ON THE NORTH AND
SOUTH AS FOLLOWS· ON THE NORTH BY
THE WESTERLY EXTENSION OF THE NORTH
LINE OF SAID LOT 17 AND ON THE
SOUTH BY THE WESTERLY EXTENSION OF
A LINE 20.0 FEET SOUTH OF AND
PARALLEL TO THE NORTH LINE OF SAID
LOT 14.
CONT AIN/NG 6,482 SQUARE FEET MORE
OR LESS
LOT 15
I • I.lì
\
d ~
NOTES:
THIS IS NOT A SURVEY
THE SOUTH LINE OF LOT 17 IS
ASSUMED TO BEAR N.90°00'00''£.
<i_ = CENTERLINE
PAUL D. ENGLE
SURVEYOR & MAPPER NO. 5708 ~. : .
. 9o OO'OO · LOT 14 DATE- JUNE 28, 2019
SOUTH LINE O'BRIEN, SUITER & O'BRIEN, INC.
LOT 14 CERTIFICA TE OF AUTHOR/ZA T/ON #LB353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE- PAUL D. ENGLE
955 N. W. 17TH A VENUE, SUITE K-1
DELRAY BEACH FLORIDA 33445
567 276-4501 (561) 732-3279
COMPOSITE EXHIBIT "B" - EASEMENT AGREEMENT
4
Prepared by: RETURN:
City Attorney's Office
200 N.W. Ist Avenue
Delray Beach, Florida 33444
EASEMENT AGREEMENT
THIS INDENTURE, made this 22.,_ day of /4"'1{', 2019, by and between James G.
O'Neill, with a mailing address of 655 NE 6th Avenue, Delray Beach, FL, 33483, Grantor, and
the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach,
Florida 33444, a municipal corporation in Palm Beach County, State of Florida, Grantee:
WITNESSETH: That the Grantor, for and in consideration of the mutual promises herein
contained and other good and valuable considerations, does hereby grant, bargain, sell and release
unto the Grantee, its successors and assigns, a general utility easement for the purpose of the
construction and maintenance of utilities/drainage facilities with full and free right, liberty, and
authority to enter upon and to install, operate, and maintain such facilities under, across, through
and upon, over, under, or within the following described property located in Palm Beach County,
Florida, to-wit:
DESCRIPTION
See Exhibit "A" (Easement Area -Sketch and Legal Description)
Concomitant and coextensive with this right is the further right in the Grantee, its
successors and assigns, of ingress and egress over and on that portion of land described above, to
affect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the Grantor agrees to provide for the release or subordination of any and all
mortgages or liens encumbering this easement. The Grantor agrees to erect no building or affect
any other kind of construction or improvements upon the above-described property without prior
consent of the Grantee. The Grantee shall have the right to remove any permanent or temporary
structure in order to access the easement for maintenance or repair of the public utilities/drainage
facilities; and Grantee shall not be responsible for repairing any structures damaged or destroyed
while accessing the easement for maintenance or repair. The Grantee shall only be responsible for
restoring the affected property area to a substantially similar condition utilizing substantially
similar materials which were existing before repairs or maintenance took place, except that as to
grass areas, the Grantee shall only be required to restore grass areas with either Bahia or St
Augustine sod; and no specialty sod shall be installed without payment for same by Grantor to
Grantee prior to the restoration of the grass areas.
Grantor does hereby fully warrant the title to said land and will defend the same against
the lawfu l claims of all persons whomsoever claimed by, through or under it, that it has good right
and lawfu l authority to grant the above-described easement and that the same is unencumbered
except as provided above. Where the context of this Easement Agreement allows or permits, the
same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, said Grantor has signed and sealed these presents the day and
year first above written.
WITNESSES: GRANTOR
es~
Signature
¡(1£_\J 1'\.l ' OAJl:1 LL
Print Name
Name: James G. O'Neill
Its: Sole Mana~
Date: ~,7 'G 24/ß
me'<¿f5
STATEOF E?
COUNTY OF PAt-#1 d'EACtf
The foregoing instrument was acknowledged before me this c:J7 day of ALl&!Ur , 20~y iÍAtltt&ó' 0 ¿;:) '/fié/LL (name of officer or agent), of
_____________ (name of corporation), a (State or place of
incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has
produced Ç¿ /).¿. (type of identification) as identification and did/did not
take an oath. ~~ ,,,,,,,,,,,,,,,,,, ~
~,,,~~-~~~:~ 111/~ Signature of Notary Public -
~ ~~-· 10N~ ... __.._ ~ State ofC"/ ~ • ~.o-• ~ ~ ~ .-· l""...._~i1,20<',, "crº· ~
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2
ATTEST: , FLORIDA
City Clerk /
3
COMPOSITE EXHIBIT "A" - SKETCH AND LEGAL DESCRIPTION
4
SKETCH OF DESCRIPTION
EXHIBIT 'A II
SHEET 1 OF 1
LOT 18
NORTH LINE
LOT 17
LOT 17
\
LOT 16
Lu -J è5 tr)
~ DESCRIPTION:
THE EAST 20.0 FEET OF THAT PORTION
OF THE OLD DIXIE HIGHWAY ROAD RIGHT
OF WA Y LYING WEST OF AND ADJACENT
TO THE NORTH 20.0 FEET OF LOT 14
AND ALL OF LO TS 15, 16 AND 77,
DELRAY BEACH ESTA TES, ACCORDING TO
THE PLA T THEREOF AS RECORDED IN
PLAT BOOK 21, PAGE 13, PUBLIC
RECORDS OF PALM BEACH COUNTY,
FLORIDA. BOUNDED ON THE NORTH AND
SOUTH AS FOLLOWS: ON THE NORTH BY
THE WESTERLY EXTENSION OF THE NORTH
LINE OF SAID LOT 17 AND ON THE
SOUTH BY THE WESTERLY EXTENSION OF
A LINE 20. O FEET SOUTH OF AND
PARALLEL TO THE NORTH LINE OF SAID
LOT 14.
CONTAINING 6,482 SQUARE FEET MORE
OR LESS.
LOT 15
NOTES·
THIS IS NOT A SURVEY
THE SOUTH LINE OF LOT 17 IS
ASSUMED TO BEAR N.90°00'00"£.
(£ = CENTERLINE
PAUL D. ENGLE
SURVEYOR & MAPPER NO. 5708
LOT 14 DA TE.· JUNE 28, 2019
SOUTH UNE O'BRIEN, SUITER & O'BRIEN, INC.
LOT 14 CERTIFICATE OF AUTHORIZATION #LB353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE.· PAUL D. ENGLE
· 955 N.W 17TH AVENUE, SUITE K-1
DELRAY BEACH FLORIDA 33445
(560 276-4501 560 732-3279