Res No. 173-19RESOLUTION NO. 173-19
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR THE
ABANDONMENT OF PORTIONS OF TWO GENERAL UTILITY
EASEMENTS, EACH CONTAINING 700 SQUARE FEET, AND ANY
OTHER UTILITY OR SIMILAR FACILITY WHICH WERE DEDICATED
TO THE CITY OF DELRAY BEACH AS RECORDED IN DEED BOOK
847, PAGE 467 AND DEED BOOK 878, PAGE 273 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, RUNNING PARALLEL, FIVE
FEET EAST AND FIVE FEET WEST, TO THE COMMON LOT LINE
BETWEEN LOT 6 AND LOT 7, BLOCK H, PLAT BOOK 21, PAGE 95
OF THE JOHN B. RIED'S VILLAGE PLAT AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", PROVIDING AN EFFECTIVE DATE,
AND FOR OTHER PURPOSES.
WHEREAS, the City of Delray Beach, Florida (City), received an applicati.on (2019-055-FSP-CCA) for
a replat which requires abandonment of portions of two general utility easements (GUE) dedicated to the City,
each being 5 feet wide and 140 feet long and containing 700 square feet, as recorded in Deed Book 84 7, Page
467 and Deed Book 878, Page 273 of the public records of Palm Beach County, and as more particularly
described in Exhibit "A"; and
WHEREAS, a site plan for the Casuarina Delray Townhomes was approved on June 12, 2019, that
requires a replat and an abandonment of portions of the General Utility Easements; and
WHEREAS, no utilities have been constructed within the deeded easement areas to be abandoned;
and
WHEREAS, the remaining portions of the existing GUE and the proposed GUE are shown on
the approved site plan and the Casuarina Road Replat; and
WHEREAS, the easement abandonment component of the replat application was processed
pursuant to Section 2.4.6 (N), "Abandonment of Public Easement," 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; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section
2.4.6(N)(S), finds the abandonments will not result in detriment for the provision of utility services to
adjacent properties or the general area; and
WHEREAS, upon approval by the City Commission, the resolution be recorded with 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:
EXHIBIT "A"
Section 3 This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED in regular session n u,w,Ú, 2019.
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RES. NO. 173-19
EXHIBIT A
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RES. NO. 173-19
EXHIBIT A
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