Res 21-03RESOLUTION NO. 21-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF A UTILITY EASEMENT
LYING WITHIN LOT 1 AND LOT 2, LAKE EDEN
SUBDIVISION, PLAT NO. 3, AS MORE PARTICULARLY
DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a portion of a utility easement lying within Lot 1 and Lot 2, Lake Eden
Subdivision, Plat No. 3; and
WHEREAS, the application for abandonment of said easement was processed
pursuant to Section 2.4.6(P), "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(P)(3)(c), the application was forwarded
to the City Commission with the recommendation that the abandonment be approved, based
upon positive findings; and
WHERF~S, the City Commission of the City of Delray Beach, Florida, pursuant to
LDR Section 2.4.6(P)(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 De[ray Beach to vacate and abandon said easement, as more particularly described herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DRI.RAY BEACH, FLORIDA, AS FOI J ,OWS:
Section 1.
That the foregoing recitals are hereby incorporated herein by this
reference.
Statutes, k is
following real
Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
hereby determined to vacate and abandon all tight and interest it holds to the
property, more particularly described as follows:
THE NORTH 5 FEET OF LOT 1 AND LOT 2, LAKE EDEN
SUBDMSION, PLAT NO. 3, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 29, PAGE 219,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
TOGETHER WITH THE NORTH 81.94 FEET (AS
MEASURED ALONG THE EAST LINE OF SAID LOT 1) OF
THAT PORTION OF SAID LOT 1, LYING WITHIN 40 FEET
OF THE CENTERLINE OF SWINTON AVENUE, AS SHOWN
ON SAID PLAT OF LAKE EDEN SUBDIVISION, PLAT NO. 3.
PASSED AND ADOPTED in regulsr session on this the /,~
,2003.
day of
ATTEST:
City Clerk
2 RES. NO. 21-03
S.W. 56TH AVE.
/
LOT/ LOT LOT
3 2 1
N.W. 25TH CT.
LOT / LOT LOT
4/ 5 6
N.W. 25TH ST.
LOT
7
LAI~EVI£W
BAPTIST
CHURCH
0
ENT
AREA
N
CITY OF DELRAY BEACH, FL
PLANNING & ZONtNGDEPARTMENT
- EASEMENT ABANDONMENT -
NORTH 5' OF LOTS 1&2 TOGETHER WITH THE NORTH 81.94 FEET
(MEASURED ALONG THE EAST LINE OF LOT '1) OF SAID LOT 1
LAKE EDEN SUBDIVISION, PLAT NO. 3, PB 29, PG 219
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DELRAY BEACH
Ail-America C~
1993
2001
CITY CLERK
100 N.W. 1st AVENUE
CERTIFICATION
DELRAY BEACH, FLORIDA 33444
561/243-7000
I, ]~R]~RA GARITO, City Clerk of the City of De]ray Beach, do
hereby certify that the attached document is a true and correct copy of
Resolution No. 21'03, as the same was passed and adopted by the De[ray
Beach City Commission in regular session on the 152 of April, 2003.
IN ~TNF_~.qS WHEREOF, I have hereunto set my hand and the
official seal of the City of De[ray Beach, Florida, on this the 16th day of April,
2003.
Barbara Garito
City Clerk
City of Delray Beach, Florida
(SEAL)
THE EFFORT ALWAYS MATTERS
Prlnte(l or~ F~ecvcled
CITY OMMiSSION DOCUMENTATION
TO:
THRU:
FROM:
SUBJECT:
DAVID T.H A R~.,~ TYLER
PAUL DORLING, DIRECTOR p~/PLANNING AND ZO~IING
NGUYEN TRAN, SENIOR PLANNER ~..7~_~~
MEETING OF APRIL 15, 2003 *CONSENT AGENDA*
ABANDONMENT OF A PORTION OF A UTILITY EASEMENT LYING
WITHIN LOT 1 AND LOT 2, LAKE EDEN SUBDIVISION, PLAT NO. 3,
LOCATED AT THE NORTHWEST CORNER OF SWINTON AVENUE
AND N.W. 25TM COURT.
The request involves abandoning a utility easement lying within Lot 1 and Lot 2 of Lake
Eden Subdivision, Plat No. 3 (Plat Book 29, Page 219). The easement was dedicated
for public utilities with the recordation of the Lake Eden Subdivision plat in October of
1972. The entire easement area varies from 5' to 10' in width and only a portion of this
easement area is subject for abandonment. Please refer to the attached location map
for a graphic representation of the abandonment area in relation to the entire easement
area.
The abandonment request was submitted by Mr. James and Mrs. Betty Demerritt, the
owners of Lot 1, Lake Eden Subdivision. Since the easement area does not extend
westerly beyond the north 5' of the adjacent lot (Lot 2), it was recommended and
supported by the DSMG (Department Services Management Group) that the
abandonment area be extended to include the north 5' of Lot 2.
Pursuant to LDR Section 2.4.6 (P) (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.
No utilities were located within the abandonment area. The City's Environmental
Services Department (water & sewer service), Florida Public Utilities Company (gas
service), Florida Power & Light, BellSouth, and Adelphia Cable have reviewed the
request, and have no objection to the abandonment.
RECOMMENDED, ACTION
,I
By motion, approve the abandonment of a portion of a utility easement lying within Lot 1
and Lot 2, Lake Eden Subdivision, Plat No. 3, based upon positive findings with respect
to LDR Section 2.4.6(P)(5).
Attachments:
· Abandonment Resolution
· Location Map
· Survey and Legal Description
S:~oards~cltycommiss~on\NW25CT-e-Aban-CCDoc doc
RESOLUTION NO. 21-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF A UTILITY EASEMENT LYING WITHIN LOT 1 AND
LOT 2, LAKE EDEN SUBDIVISION, PLAT NO. 3, AS MORE
PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a portion of a utility easement lying within Lot 1 and Lot 2, Lake Eden
Subdivision, Plat No. 3; and
WHEREAS, the application for abandonment of said easement was processed
pursuant to Section 2.4.6(P), "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(P)(3)(c), the
forwarded to the City Commission with the recommendation that the
approved, based upon positive findings; and
application was
abandonment be
WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant
to LDR Section 2.4.6(P)(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 herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
reference.
That the foregoing recitals are hereby incorporated herein by this
Section 2. That pursuant to Chapter 177.101(5) 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:
THE NORTH 5 FEET OF LOT 1 AND LOT 2, LAKE EDEN
SUBDIVISION, PLAT NO. 3, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 29, PAGE 219,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
TOGETHER WITH THE NORTH 81.94 FEET (AS MEASURED
ALONG THE EAST LINE OF SAID LOT 1) OF THAT PORTION OF
SAID LOT 1, LYING WITHIN 40 FEET OF THE CENTERLINE OF
SWINTON AVENUE, AS SHOWN ON SAID PLAT OF LAKE EDEN
SUBDIVISION, PLAT NO. 3.
Resolution No. 21-03
PASSED AND ADOPTED in regular session on this the
,2003.
day of
MAYOR
ATTEST:
City Clerk
Resolution No. 21-03
S.W. 56TH AVE.
LAKEVlEW
BAPTIST
CHURCH
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~ LOI / 1_03' ~ LOT
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LOT/ LOT LOT LOT
4 / 5 6 7
N.W. 25TH ST.
0
AREA
ENT
N
CITY OF DEI.RAY BEACH, FL
PLANNING & ZONINGDEPARTMENT
- EASEMENT ABANDONMENT-
NORTH 5' OF LOTS 1&2 TOGETHER WITH THE NORTH 81.94 FEET
(MEASURED ALONG THE EAST LINE OF LOT 1) OF SAID LOT 1
LAKE EDEN SUBDIVISION, PLAT NO. 3, PB 29, PG 219
--- ~IGIT, aJ. ~4SE IV. AP $~STEM -- MAP REF' LMS01