Res 20-99ORll Z ! ~87 Pg 't 9&il,
RESOLUTION NO. 20-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF A CERTAIN TEN FOOT WIDE UTILITY EASEMENT
WITHIN HANOVER SQUARE REPLAT, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 75, PAGE 88 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS THE
SAME IS MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an
application for abandonment of a portion of a certain ten foot wide utility
easement within Hanover Square Replat, according to the Plat thereof
recorded in Plat Book 75, Page 88 of the Public Records of Palm Beach
County, Florida; and
WHEREAS, the application for abandonment of said utility
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; and
WHEREAS, pursuant to LDR Section 2.4.6(P) (3) (c), the City
Engineer has forwarded the application 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
utility easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. 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:
A legal description vacating a portion of a certain
10.00 foot wide utility easement, along with a legal
description realigning said easement, being contained
in the Plat of Hanover Square as platted in Plat Book
48, Pages 192 and 193, and being replatted in the
Hanover Square Replat (Lot 1, Block 4), as recorded
in Plat Book 75, Page 88, both of the Public Records
of Palm Beach County, said vacation being described
as follows:
Commence at the intersection of the Northeast corner
of Lot 1, Block 4 and the right-of-way of N.W. 2nd
Street; thence run South 00 degrees 22'00" East,
along the East line of said Lot 1, 115.76 feet to the
Point of Beginning; thence continue South 00 degrees
22'00" East, 10.00 feet; thence South 89 degrees
38'00" West, 50.00 feet, to a point on the West line
of said Lot 1; thence North 00 degrees 22'00" West,
along the West line of said Lot 1, 10.00 feet; thence
North 89 degrees 38'00" East, 50.00 feet to the Point
of Beginning.
Containing 500 square feet, more or less.
PASSED AND ADOPTED in regular session on this the 6th day of
April, 1999.
ATTEST:
/ City C~rk ;
2
Res. No. 20-99
MAURICE
DRIVE
CARVER
MIDDLE
SCHOOL
10' EASEMENT
GUN CLUB
WEST ATLANTIC AVENUE S.R. 806 ~
CITY OF DELRAY I~EACH. FL
PLANNIN~ ~ ZONING DEPARTMENT
- ABANDONMENT -
(10' Utility Easement, Lot 1, Block 4, Hanover Square)
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER /,~ ~r~ ,.
CLAIRE LYTE-GRAHAM, PLANNE _~~'~'~F~/~
MEETING OF APRIL 6, 1999 **CONSENT AGENDA**
ABANDONMENT OF 10' EASEMENT WITHIN HANOVER SQUARE SUBDIVISION
REPLAT (KNOWN AS WINDY CREEK)
The action requested of the City Commission is approval of the abandonment of a portion of a 10'
utility easement located in the rear of Lot 1, Block 4 of Hanover Square Replat Subdivision (now
known as Windy Creek). The subject property is located on the north sideof N.W. 2"d Street north of
W. Atlantic Avenue. The lot is currently developed with a one story single family residence. A 2'
landscape easement and chain link fence run along the west property line. The property owner is
requesting the abandonment to accommodate the construction of a pool in the rear yard.
The abandonment area is located 29' north of the rear (south) property line. The utility easement was
originally located outside of the subject lot and within a common tract area (Tract C). A replat of the
subdivision to accommodate zero lot line development in 1990 resulted in conveyance of a portion of
Tract C and the utility easement to adjacent lots, and the modification of lot lines. The easement was
not abandoned with the replat due to existing utilities within portions of the easement. However, this
request is not affected as there are no services within this segment of easement to be be abandoned.
The City's Environmental Services Department reviewed the request and has no comments. All utility
companies were contacted (Florida Public Utilities, FPL, BellSouth, and Adelphia Cable), and there
are no objections as none of these companies have services within the abandonment area.
Prior to the granting of an abandonment the following finding must be made:
· That the abandonment will not result in detriment for the provision of services to adjacent
properties or the general area.
The City's Environmental Services Department and utility compames contacted have no objection to
the abandonments as there are no services in the easement. No disruption of services to adjacent
parcels is anticipated.
Planning and Zoning Board review is not required for the abandonment of easements.
By motion, approve the abandonment of the 10' utility easement within Lot 1, Block 4, Hanover
Square Replat (Windy Creek) through the enactment of Resolution 20-99.
Attachments:
· Location Map, Survey, and Hanover Square Subdivision Replat ~, ~
~r.
Ha?-lB-gg 02~3P ~J~eyen. B. Green¢~e~d, PA 561 3g~ ~5 PoOl
STEVEN B. GREENFIELD, P.A.
7000 WEST PALMETTO PARK ROAD, SUITE 402
BOCA RATON, FLORIDA 33433
TELEPHONE ($61) 392-6391 FAX (561) 392-6965
FACSIMILE COVER LETTER
DATE: March 18, 1999
TO: Claire Lytc-Cn'aham, A.I.C.P.
FAX: 243-7221
ATTENTION:
FROM: Barry G. Segal, Esquire
I~: Utility eascment aba,~donment / Lo! 1, Block 4, Hanover Squar~ Rcplat
NUMBER OF PAGES (INCLUDING COVER LETTER): 2
MESSAGE: If you have any questions, please feel free to contact ~n¢.
'thin facsimile contain~ Privileged and con~dc'nfi#l in fon'natl~l mi, ended only for the use or' thc addreaaec(s) named above.
STREET
THIS IS NOT A SURVEY