Res 23-03RESOLUTION NO. 23-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DE1 ,RAY BEACH, FLORIDA, VACATING AND
ABANDONING A GENERAL UTILITY EASEMENT
RETAINED WITH RESOLUTION NO. 55-02
(ABANDONMENT OF ROYAL PALM BOULEVARD) AS
MORE PARTICULARLY DESCRIBED BY EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a general utility easement retained with Resolution No. 55-02 (Abandonment of
Royal Palm Boulevard), as more particularly described in Exhibit "A", attached hereto; and said
easement being located on the east side of North Federal Highway (U.S. 1), approximately 3,600
feet south of Gulf Stream Boulevard; 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 Dekay 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
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 DFJIJRAY 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 in Exhibit "A".
PASSED AND ADOPTED in regular session on this the
,2003.
/,5- day of
ATI'EST:
City Clerk
2 RES. NO. 23-03
Exhibit "A"
.4 PORTION OF ROYAL P~ BOUI~EVARD (NOir/.ABANDONED) LYING IV/EST OF THE
NORTHERLY PROJECTION OF THE EAST LINE OF LOT ! 1, BLOCK B, ACCORDING TO THE
PLAT OF '~PLAT No. 3, ROYAL PALM GARDENS"AS RECORDED IN PLAT BOOK 21 AT PAGE
$7 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIVED AS FOLLOW/S:
BEGINNING AT THE NORTHEAST CORNER OF LOT ! 1 IN BLOCK '23" OF SAID PLAT..
THENCE SOUTH 89°21 '46" IV/EST (BASIS OF BEARINGS) ALONG THE SOUTH RIGHT OF
W/AY OF SAID ROYAL PALM BOULEVARD 553.73 FEET TO THE EAST RIGHT OF IV/AY OF
FEDERAL HIGHIVAY (STATE ROAD No. 5); THENCE NORTH 07°49'18" EAST ALONG SAID
RIGHT OF IV/AY OF FEDERAL HIGHIVAY, 50.55 FEET TO THE SOUTHIVE. YT CORNER OF
LOT 3 IN BLOCK '54" OF SAID PLAT AND THE NORTH RIGHT OF Ir/AY OF SAID ROYAL
PALM BOULEVARD: THENCE NORTH 89°21'46" EAST ALONG THE NORTH RIGHT OF
IVAY OF SAID ROYAL PAI_A4 BOUI.EVARD 546.29 FEET; THENCE DUE SOUTH 00°38'14''
EAST, 50.00 FEET TO THE POINT OF BEGINNING.
SAID L,4NDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA AND
CONTAINING 27,500 SoQ. UARE FEET OR 0.631 ACRES MORE OR LESS.
3 RES. NO. 23-03
KOKOMO
DELRA Y'S
LOST DRIVE-IN
M. SA.
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KEY
ALLEN AVE.
PALM
EASTVIEW
VILLAGE
AVE.
LAKE AVENUE N.
THE
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£. 14TH ST (LAKE AVE)
LAKE AVENUE S.
:N LANE
BOND WAY
CITY OF DEl..RAY 8EACH, FL
PLANNING & ZONINGOEPARI~IENT
-- D/G/I'AL Et~SE MAP SYS~'E/~ ---
ROYAL PALM BOULEVARD ABANDONMENT
[i'..'i.'i.i.'l::'.':i]- PORTION PROPOSED FOR ABANDONMENT
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TO:
THRU:
FROM:
SUBJECT:
CITY COMMISSION DOCUMENTATION
DAVID T. HARDF~~~I AA~~
PAUL DORLING, DIRECTOROF P,~4NNING AND ZONING
NGUYEN TRAN, SENIOR PLANNE~
MEETING OF APRIL '15, 2003 *CONSENT AGENDA*
ABANDONMENT OF A 553' X 50' GENERAL UTILITY EASEMENT
RETAINED WITH RESOLUTION 55-02 (ABANDONMENT OF ROYAL
PALM BOULEVARD), LOCATED ON THE EAST SIDE OF NORTH
FEDERAL HIGHWAY (U.S. 1), APPROXIMATELY 3,600 FEET SOUTH
OF GULF STREAM BOULEVARD.
BACKGROUND
The request involves abandoning a 553' x 50' general utility easement retained with Resolution
No. 55-02 (Abandonment of Royal Palm Boulevard), located on the east side of North Federal
Highway (U.S. 1), approximately 3,600' south of Gulf Stream Boulevard.
At its meeting of July 16, 2002, the City Commission approved the abandonment of Royal Palm
Boulevard and retained a general utility easement over the entire abandonment area. This
general utility easement was needed in order to cover the City's Water and Sewer mains as well
as Florida Power and Light (FP&L) power poles.
The abandonment of easement request was submitted by New Urban/RFC Developers, LLC.
The applicant intends to paver brick the abandoned Royal Palm Boulevard and reconfigure the
road to be used as access for a proposed residential development called Old Palm Grove. Old
Palm Grove is currently undergoing the platting process and all utilities currently covered by this
general utility easement will be accommodated via replacement easements on the plat.
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.
All utility services have been appropriately accommodated on the plat of Old Palm Grove. The
City's Environmental Services Department (water & sewer service), and the 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
By motion, approve the abandonment of a 553 x 50' general utility easement retained with
Resolution No. 55-02 (Abandonment of Royal Palm Boulevard), based upon positive findings
with respect to LDR Section 2.4.6(P)(5).
Attachments:
· Abandonment Resolution
· Location Map
· Reduced Survey
S ~boards~cttycomm~ss~on\Royai Palm Blvd Easement Aband-CCDOC doc
RESOLUTION NO. 23-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
GENERAL UTILITY EASEMENT RETAINED WITH RESOLUTION
NO. 55-02 (ABANDONMENT OF ROYAL PALM BOULEVARD)
AS MORE PARTICULARLY DESCRIBED BY EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a general utility easement retained with Resolution No. 55-02
(Abandonment of Royal Palm Boulevard), as more particularly described in Exhibit "A",
attached hereto; and said easement being located on the east side of North Federal Highway
(U.S. 1), approximately 3,600 feet south of Gulf Stream Boulevard; 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
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. 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 in Exhibit "A".
PASSED AND ADOPTED in regular session on this the day of
,2003.
ATTEST:
MAYOR
City Clerk
Exhibit "A"
A PORTION OF ROYAL PALM BOULEVARD (NOW ABANDONED) LYING WEST OF THE
NORTHERLY PROJECTION OF THE EAST LINE OF LOT 11, BLOCK B, ACCORDING TO THE
PLAT OF "PLAT No. 3, ROYAL PALM GARDENS"AS RECORDED IN PLAT BOOK 21 AT PAGE 57
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIVED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 11 IN BLOCK "B' OF SAID PLAT: THENCE
SOUTH 89021'46" WEST (BASIS OF BEARINGS) ALONG THE SOUTH RIGHT OF WAY OF SAID
ROYAL PALM BOULEVARD 553.73 FEET TO THE EAST RIGHT OF WAY OF FEDERAL
HIGHWAY (STATE ROAD No. 5); THENCE NORTH 07°49'18" EAST ALONG SAID RIGHT OF
WAY OF FEDERAL HIGHWAY, 50.55 FEET TO THE SOUTHWEST CORNER OF LOT 3 IN BLOCK
"A' OF SAID PLAT AND THE NORTH RIGHT OF WAY OF SAID ROYAL PALM BOULEVARD:
THENCE NORTH 89021'46" EAST ALONG THE NORTH RIGHT OF WAY OF SAID ROYAL PALM
BOULEVARD 546.29 FEET; THENCE DUE SOUTH 00°38'14" EAST, 50.00 FEET TO THE POINT
OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLOR/DA AND
CONTAINING 27,500 SQUARE FEET OR 0.631 ACRES MORE OR LESS.
Resolution No. 23-03
D£LRA Y'S
LOST DRIVE-IN
KOKOMO
KEY
M.S A. TRACT
EAS
PALM
LAKE AVENUE N.
VILLAGE
THE
ESTUARY
14.TH ST. (LAKE AVE.)
LAKE AVENUE S
BOND
N
OTY 0¢ DE:I_RAY B/ACH, FI.
t:~ANNING & ZONING ~I~.PAR"~tENT
ROYAL PALM BOULEVARD ABANDONMENT
- PORTION PROPOSED FOR ABANDONMENT
I~.,O0. O0.OGS
DELRAY BEACH
Ail-America City
1993
2001
CITY CLERK
100 N,W lstAVENUE
CERTIFICATION
DELRAY BEACH, FLORIDA 33444
561/243-7000
I, BARBARA GARITO, City Clerk of the City of Delray Beach, do
hereby certify that the attached document is a true and correct copy of
Resolution No. 23-03, as the same was passed and adopted by the Delray
Beach City Commission in regular session on the 15th of April, 2003.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 16th day of April,
2003.
Barbara Garito
City Clerk
City of Delray Beach, Florida
THE EFFORT ALWAYS MATTERS