Res 25-03RESOLUTION NO. 25-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DE1 ,RAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF A 6-FOOT PERIMETER
SIDEWALK EASEMENT LYING WITHIN TRACT "P-2" OF
THE PLAT OF ESTUARY (PB 86, PGS 75-80), AS MORE
PARTICULARLY DESCRIBED BY EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a portion of a 6-foot perimeter sidewalk easement, lying within Tract "P~2" of
the plat of Estuary (Plat Book 86, Pages 75-80), as more particularly described in Exhibit "A",
attached hereto; and said plat of Estuary being located approximately 830' east of North Federal
Highway, north of Denery Lane, south of Allen Avenue and immediately adjacent to the
Intracoastal Waterway; 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 Dekay 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
., 2003.
ATFEST:
City Clerk
reg
session on this the /~'-day of
2 RES. NO. 25-03
N
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
- ABANDONMENT -
(6' WIDE PERIMETER SIDEWALK EASEMENT)
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239.96'
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DELRAY BEACH
AII-AmedcaCity
1993
2001
CITY CLERK
100 N~W. 1st AVENUE
CERTIFICATION
DELRAY BEACH, FLORIDA 33444
561j243-7000
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. 25-03, 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 Oarito
City Clerk
City of Delray Beach, Florida
(SEAL)
THE EFFORT ALWAYS MATTERS
TO:
THRU:
FROM:
SUBJECT:
CiTY COMMiSSiON DOCUMENTATION
DAVID T. HARDEN, CITY MANAGEI~~L~?~-
PAUL DORLING, DIRECTOR OF PLANNING AND_~NING
T.^.,
*CO.S NT
ABANDONMENT OF A PORTION OF A 6' WIDE PERIMETER
SIDEWALK EASEMENT LYING WITHIN TRACT "P-2" OF ESTUARY
PLAT (PB 86, PGS 75-80).
BACKGROUND
The request involves abandoning a portion of a 6-foot wide perimeter sidewalk easement, lying
within Tract "P-2" of the plat of Estuary (Plat Book 86, Pages 75-80). The subject area is an "L"
shaped parcel containing 1,573 square feet (0.055 acre) and is to accommodate a portion of a
perimeter sidewalk / bicycle path along the western property limits of the Estuary development.
Currently, the subject property is vacant and the bicycle path has not been constructed. The
Estuary development is located approximately 830' east of North Federal Highway, North of
Denery Lane, South of Allen Avenue and immediately adjacent to the Intracoastal Waterway.
On May 20, 2002, the Planning and Zoning Board approved a Master Development Plan for a
residential development known as "Old Palm Grove", which is located west of and adjacent to
the Estuary and Estuary II developments. As part of the Master Development Plan for Old Palm
Grove, the bike path, previously described, will be re-routed from Lake Avenue North through
the Old Palm Grove development by means of a dedicated access tract (as shown on the plat
for Old Palm Grove).
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 have been 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.
I, RECOMMENDED, , ACTION,, , , I
By motion, approve the abandonment of a portion of a 6-foot wide perimeter sidewalk easement
as dedicated on Estuary Plat (PB 86, PGS 75-80), based upon positive findings with respect to
LDR Section 2.4.6(P)(5)
Attachments:
· Abandonment Resolution
· Location Map
· Reduced Survey
SN=<~ards~citycornrnss~on\Estuary B~ke Path Aband (Easement) doc
RESOLUTION NO. 25-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF A 6-FOOT PERIMETER SIDEWALK EASEMENT
LYING WITHIN TRACT "P-2" OF THE PLAT OF ESTUARY (PB
86, PGS 75-80), AS MORE PARTICULARLY DESCRIBED BY
EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a portion of a 6-foot perimeter sidewalk easement, lying within Tract "P-2" of
the plat of Estuary (Plat Book 86, Pages 75-80), as more particularly described in Exhibit "A",
attached hereto; and said plat of Estuary being located approximately 830' east of North
Federal Highway, north of Denery Lane, south of Allen Avenue and immediately adjacent to
the Intracoastal Waterway; 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
forwarded to the City Commission with the
approved, based upon positive findings; and
Section 2.4.6(P)(3)(c), the application was
recommendation that the 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. 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'
~ DESCRIPTION PERI~ 6' SIDEWALK
DE~JCRIPTION OF' A PARCET. OF ~ LOCATED IN SECTION 9, TOffSVSHIP 46 50UTH. ~ 43 EAST, PALM BEACH
CCRAVT~, FLORIDA, SAID PARCET_ BEIN~ A POt?TION OF A 6' PERI~ SIDEWALK EASEMENT AS SHOWN ON
~'STZJARY~. ACCORDING TO THE PLAT TI~ETTEOF, ~ IN Pi_AT BOOK 86, PAGES X5 ~ 80. PUBLIC
RE~ OF PALM BEACH COIJVTYo FLORIDA, SAID PORTION BEING MOR~ PARTI~Y DESCRIBED AS FOLLOW~'
CONTAININ~ 1573o3 ~UARE FEET (0.036 ACRE~ MORE OR ~
/ /~'~" ..., KOKOMO ~ ~ ~ ~~ ~ /
/ ......
, '
~ .
EASTVIEW AVE. 5-80
/ / ,
/ ~EN[RY LANE
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CITY OF DEL,RAY BEACH, I:'L
Pt. ANNING & ZONING DEPARTMENT
- ABANDONMENT-
(6' WIDE PERIMETER SIDEWALK EASEMENT)
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