Res 21-99Jan-*~6*-~gOI 84t341m 80--B~'cJs~7~
ORB 115';f? Pi 1414
Jlllllllllllllllllllll
RESOLUTION NO. 21-99
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A FIVE FOOT EASEMENT WITHIN LOT
58, DELRAY BEACH SHORES, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE
167 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 five foot wide easement
within Lot 58, Delray Beach Shores, according to the Plat
thereof recorded in Plat Book 23, Page 167 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 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.
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:
ORB 11S77 p~ 141~
The North 5 feet of Lot 58, DELRAY BEACH SHORES,
according to the Plat recorded in Plat Book 23 at Page
167 of the Public Records of Palm Beach County,
Florida.
Said Lot 58, DELRAY BEACH SHORES, is located on the
north side of Brooks Lane (1033 Brooks Lane),
approximately 215 feet west of State Road A1A.
PASSED AND ADOPTED in regular session on this the 6th
day of April, 1999.
ATTEST:
-2-
Res. No. 21-99
o~!~ :1.~.~ pg
NORTH Sj FEET OF LOT ~8
"---- DELRAY BEACH SHORES
According to tl~ plat recorded in Plat Book 23 Page 167, recorded in the public
record~ of Palm Breck County; raid land ~ua~e, ~ying, and being in
___ . ~'altn B~ack County.
poo~ ×-~uY. · woo~ 75'CANAL
1.0--,
LOT 57
O:
CiI~LF~ A. SMITE
LOT ~8
LOT S9
Rennet, Burgess, Inc.
BROOKS LANE
.k~ ~u~. 2-99-061
Not valid unless
Authorization Number LB6504 sealed with embossed
1 S.E. 4th Ave., Suite 205 surveyor's seal
Delray Beach, FL 33483 I hereby~:ertify tJ3at the Boundary Survey shown hereon
Phone 561.243-4624 meets~tff~ minimum technical sta.0dards set forth in Chapter 61G17-6
Fax 243-4869 Florid~ ~dminis~ativ~ Cede I;~suant to Section 472.027, Florida
West Palm 735-7639 Statut~s.J
West Palm Fax 735-7641 / J J~ I \ ' ~ . ' ' /
Fax Free 1-800-954-4408 Ha ~..~,--,,~v.. , I vu~q,]/ P.L.S. No. 5089'
75.00'
ORB 11~?'7 pi 1'~1'~
HARBOR
CLUB
>.. t LEWIS COVE
SARBO~ ~ $1=MI=I IT
~- WHITE DR. ~¢3 I
HARBOURS
EDGE
o NTIC
< -- - E. ~ PARK /
N
~ - ABANDONMENT -
CITY OI~ O[LRAY BEACH. FL (5' Easement, Lot 58, Delray Beach Shores)
LEWIS COVE
/
CITY OF DELRfl¥ BERgH
DELRAY BEACH
1993
CITY CLERK
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
I, ALISON MacGREGOR HARTY, City Clerk of the City of Delray Beach, Florida,
do hereby certify that the attached document is a true and correct copy of Resolution No. 21-99,
vacating and abandoning a five foot easement with_in Lot 58, Delray Beach Shores, according to the
Plat thereof recorded in Plat Book 23 at Page 167 of the Public Records of Palm Beach County,
Florida. Said Resolution was passed and adopted by the Delray Beach City CommSssion in regular
session on the 6m day of April, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the
City of Delray Beach, Florida, on this the lYh day of January, 2000.
Alison Mac'Grr~g~r ~Iart~ '
City Clerk
City of Delray Beach, Florida
THE EFFORT ALWAYS MATTERS
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
DIRECTOR OF PLANNING AND ZONING ~L,~,~ ~::~
DIANE DOMINGUEZ,
CLAIRE LYTE-GRAHAM, PLANN ,.
MEETING OF APRIL 6, 1999 **CONSENT AGENDA**
ABANDONMENT OF 5' EASEMENT WITHIN DELRAY BEACH SHORES
The action requested of the City Commission is approval of the abandonment of a portion of a 5'
easement located along the rear (north) lot line of Lot 58, located within Delray Beach Shores Subdivision.
The subject property is located on the north side of Brooks Lane, approximately 215' west of A-I-A. A
single family home exists on the lot, and its rear lot line lies adjacent to the yacht basin. A 2' wide
concrete seawall encroaching into the subject easement is located along the rear (north) property line, and
a wood deck abuts the seawall. Overhead utility lines exist along the south and east property lines. The
property owner is demolishing the existing structure and requesting the abandonment to accommodate the
construction of a new residence.
The subdivision plat does not indicate what type of easement was dedicated. However, all of the lots
within this subdivision abut a canal or the Intracoastal Waterway. In addition, all lots abutting a canal
contain a 5' easement along the adjacent property line. The same 5' easement separates abutting
properties with frontage on A-I-A. Given the above, it is possible this easement was originally intended for
seawall maintenance or drainage purposes.
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 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.
Planning and Zoning Board review is not required for the abandonment of easements.
By motion, approve the abandonment of the 5' easement within Lot 58, Delray Beach Shores Subdivision
through the enactment of Resolution 21-99.
Attachments:
· Location Map
· Survey
Delray Beach Shores Subdivision Plat