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Res 30-99Jun-~-1999 ~l:~p~ 99--~4~01 ORB I I 1 ,z.,z~ Pa 1 9~ IIIIIIIllllll#llllllllllllll RESOLUTION NO. 30-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE REMAINING PORTION OF TWO TEN FOOT WIDE DRAINAGE EASEMENTS LYING BETWEEN LOTS 1 AND 14, BLOCK 6, DELRAY BEACH HEIGHTS EXTENSION SECTIONS A AND B SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 28, PAGE 171, 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 the remaining portion of two ten foot wide drainage easements lying between Lots 1 and 14, Block 6, Delray Beach Heights Extension Sections A and B Subdivision; and WHEREAS, the application for abandonment of said drainage easements 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)©, 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, pursuant to LDR Section 2.4.6(P)(5), the City Commission of the City of Delray Beach, Florida, finds that the abandonment will not result in detriment for the provision of utility or drainage 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 drainage easements. 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: The east ten (I0) feet of Lot 1, Block 6 and the west ten (10) feet of Lot 14, Block 6, Replat Delray Beach Heights Extension Sections "A" and "B", according to the Plat thereof as recorded in Plat Book 28, Page 171, Public Records of Palm Beach County, Florida. The abandonment area (20 ft. width by 120 ft. length) lies in the middle of Block 6 and is located between S.W. 13th and 14th Avenues on the north side of S.W. 10th Street. PASSED AND ADOPTED in regular session on this the 18th day of May, 1999. ATTEST: City Clerk~ Res. No. 30-99 STRONG CENTER $.w. ?TH ST. T£RR, SO. VER ES7 CARVER ESTATES , i~,~,_ S.W. ~OTH STREET PARK TEN PARK TEN 2NO ADD. L IN TON ~ CENTR~ ~ ~ - ABANDONMENT OF EASEMENT LOT £ BLOCK BLOCK 6 LEGEND: ~ = CENTERLINE LR. = 5~8" IRON ROD WITH CAP ~LB 353 FLOOD ZONE: X CONC -- CONCRETE NOTE AREA = 3400 SOUARE FEET OR 0.0551 ACRE MORE OR LESS . ~_S.W. lOTH STREET DESCRIPTION.. THE EAST IO FEET OF LOT I, BLOCK 6 AND THE WEST 10 FEET OF LOT 14, 8LOCK 6, REPLAT DE£RA y BEACH HEIGHTS EXTENSION SECTIONS 'A" AND "B", ACCORDING TO THE PLAT kkv~EOF AS RECORDED IN PLAT BOOK 28, PACE I71, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. MAP OF BOUNDARY SURVEY O'BRIEN, SUITER ~ O'BRIEN, INC. LAND SURVEYORS MARCH 8, 1999 st~ I~= 20' ~ 99-17, OR~ 1, 3. J..4.4 Pn 1 '=J._,.,.~, (:lTV DF DEI. RI:i¥ BEI:IgH DFLRAY BEACH CITY CLERK AII-AmericaC~ 1993 (~B I I 1 ,'~.,~. PR 1 937 ~O01~PHY H. I~ILKE~ CLERK P9 COUNTY, FL 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. 30-99, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 18tn day of May, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and the Qffitial seal of the City of Delray Beach, Florida, on this the 26th 'day of May, 1999. Alison MacGregor ~arty City Clerk City of Delray Beach, Florida THE EFFORT ALWAYS MATTERS TO: THRU: FROM: SUBJECT: MEETING OF MAY 18, 1999 **CONSENT AGENDA** ABANDONMENT OF t0' DRAINAGE EASEMENTS WITHIN DELRAy BEACH HEIGHTS EXTENSION SECTIONS A AND B SUBDIVISION The action requested of the City Commission is approval of the abandonment of the remaining portion of two ten foot wide drainage easements lying between Lots I and 14, Block 6, within Delray Beach Heights Extension Sections A and B Subdivision. The abandonment area (20' width x 120' length) lies Jn the middle of the block and is located betweenS.W. 13th and S.W. 14th Avenues, on the north side of S.W. 10th Street. On April 23, 1985, the City Commission approved the abandonment of the north 580' of this easement with the recordation of Resolution 35-85. The abandonment is being requested to increase the rear yards of the duplexes on Lots 1 and 14. 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 objection. 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 remaining portion of the 10' drainage easements lying between Lots I and 14, Block 6, within Delray Beach Heights Extension Sections A and B Subdivision through the enactment of Resolution 30-99. Attachments: · Location Map · Survey · Delray Beach Height Extension Sections A and B Subdivision Plat