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Res 42-99RESOLUTION NO. 42-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE 7.5 FOOT UTILITY EASEMENT LOCATED ALONG THE EAST SIDE OF LOT 61 (LESS THE NORTH 20 FEET THEREOF), SECOND EDITION TO COUNTRY CLUB ACRES AS RECORDED IN PLAT BOOK 24, PAGE 21 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO ACCEPTANCE OF AN EASEMENT DEED GRANTING TO THE CITY OF DELRAY BEACH A 15 FOOT SANITARY SEWER EASEMENT, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, Al,l, ASSOCIATED WITH THE EXPANSION OF BOCA DELRAY ANIMAL HOSPITAL LOCATED AT 1488 SOUTH MILITARY TRAIL, DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of the east 7.5 feet of a utility easement located along the east side of Lot 61, Second Edition to Country Club Acres, as more particularly described herein; said property being located on the north side of Jefferson Road, east of Military Trail, and associated with the expansion of the Boca Delray Animal Hospital; 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 City Engineer has forwarded the application to the City Comnnssion with the recommendation that the abandonment be approved, based upon positive findings and subject to conditions; and WHEREAS, the City Commission of the City of Deb:ay Beach, Florida, pursuant to LDR Section 2.4.6(P)(5), finds that the abandonment will not result in dement 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, subject to receipt and acceptance of a deed granting to the City an exclusive easement 15 feet in width for sanitary sewer purposes, as more particularly described herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 7t~'IY. CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: -~ Section 1. That the foregoing recitals are hereby incorporated herein by this reference. ~ That pursuant to Section 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, subject to receipt and acceptance of a deed granting to the City of Der:ay Beach an exclusive easement 15 feet in width for sanitary sewer purposes, more particularly described as follows: Legal Description of Area to be Abandoned: The east 7.5 feet of Lot 61, less the North 20.00 feet thereof, Second Addition to Country Club Acres as shown in Pht Book 24, Page 21 of the Public Records of Palm Beach County, Florida; the said North 20.00 feet being part of a 20.00 foot wide easement which runs east/west along the north Line of said Plat. Containing 975 square feet (0.02 acres), more or less. Section 3. That the abandonment hereinabove described shall not become effective and this Resolution No. 42-99 shall not be recorded in the Public Records of Palm Beach County, Florida, unless concurrent with that particular Easement Deed granting to the City of Delray Beach an exclusive easement 15 feet in width for sanitary sewer purposes, more particularly described as follows: Description of Easement: An easement 15.0 feet in width for sanitary sewer purposes, more particularly described as follows: The West 15.0 feet of the East 22.5 feet of Lot 61, less the North 20.0 feet thereof, Second Addition to Country Club Acres, as shown in Plat Book 24 at Page 21 of the Public Records of Palm Beach County, Florida; the said North 20.0 feet being part of a 20.0 foot wide easement which runs east/west along the North line of said Plat. Containing 1,950 square feet or 0.04 acres, more or less. PASSED AND ADOPTED in regular session on this the 7th day of December, 1999. ATfEST: Ci~ Clerk RECORDER'S MEMO: Legibility of document unsatisfactory when received. -2- Res. No. 42-99 C MILITARY TRAIL RECOR[ when:re~ai~ed. Prepared by: RETURN: Jay T. Jambeck, Esq. City ARomey's Office 2'00 N.W. 1st Avenue Delray Beach, Florida 33444 EASEMENT DEED TIiIS INDENTURE, made this?~?~a~-day of ~, 1999, by and between BOCA DELRAY ANIMAL HOSPITAL, with a maifing address of 1488 South Military Trail, Dekay Beach, Florida 33484, par~ of the fLrst part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETI-I: That the party of the first part, for good and valuable consideration to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and exclusive perpetual easement for the purpose of: installation and maintenance of underground public utilities with flail and free right, liberty, and authority to enter upon and to install, operate, and maintain such underground utilities under or within the lollowing described property located in Palm Beach County, Florida, to- wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this easement. The party of the fa:st part also agrees to erect no building or effect any other kind of constmctiun or improvements upon the above- described property. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1: PARTY OF THE FIRST PART (name printed or typed) ( i<',~'.e~-z.~..-'~__ (name printed or typed) The forego~g ~ent was ac~owl~ged before me ~s ~'~y of ~,~ ,1999 by ~/~r~ ~/ or~q/~ (~e of o~cer or agent, rifle of cer or agent) of ~i~, ~r,~r~e~~. . ~ ~e of co~oration ac~owl~g~g), a ~fl~/~/~..~ (s~te or place of ~co~oration) co~orafion, on be~lf of ~e co~oration. He/She is ~rsomlly ~own to me or ~s pr~uced (~pe of identification) ~ identification ~d ~e ~ oa~. Signature of Notary Public - 'State of Florida SKETCH OF DESCRIPTION ~5.00' JEFFERSON ~ I I S?? r~ NO TES: THIS IS NOT A SURVEY ~ = CENTERLINE DESCRIPTION OF UTILITY EASEMENT: AN EASEMENT 15.0 FEET IN WIDTH FOR UTILITIES PURPOSES, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST ?5.0 FEET OF THE EAST 22.5 FEET OF LOT 61, LESS THE NORTH 20.0 FEET THEREOF, SECOND ADD/T/ON TO COUNTRY CLUB ACRES, AS SHOWN IN PLAT BOOK 24 ON PAGE 2~ OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THE SAID NORTH 20.0 FEET BEING PART OF A 20.0 FOOT WIDE EASEMENT WHICH RUNS EAST-WEST ALONG THE NORTH LINE OF SAID PLA T. CONTAINING 1,950 SOUARE FEET OR 0.04 ACRES, MORE OR LESS. EXHIBIT "A" SHEEI' I OF 7. £1T¥ OF DELRR¥ BER£H DELRAY BEACH ilI-AmeficaC~ 1993 CITY CLERK 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 C :E :R 'I~ I T I C ~q 'T I O .9~[ I, ALISON MacGREGOR HARTY, City Clerk of the City of Dekay Beach, Florida, do hereby certify that the attached document is a tree and correct copy of Resolution No. 42~99, as the same was passed and adopted by the Dekay Beach City Commission in regular session on the 7th day of December, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Dekay Beach, Florida, on this the 14~ day of December, 1999. City Clerk City of Delray Beach, Florida THE EFFORT ALWAYS MATTERS I TO: THRU: FROM: SUBJECT: DAVID T. HA ~r~N, CITY MANAGER DI.'q]NE DOMIN~UEZ, DIRECTOR O PLANNING JEFFREY A. COSTELLO, PRINCIPAL PLANNEI~7~~ MEETING OF DECEMBER 7, 1999 ~ **CONSENT AGENDA** ABANDONMENT OF A 7.5' EASEMENT AND ACCEPTANCE OF A 15' SANITARY SEWER EASEMENT, ASSOCIATED WITH THE EXPANSION OF BOCA DELRAY ANIMAL HOSPITAL. The action requested of the City Commission is approval of the abandonment of a 7.5' easement for utilities and ditch purposes, lying along the east side of Lot 61, within the Second Addition to Country Club Subdivision, and acceptance of an exclusive 15' sanitary sewer easement. The abandonment area (7.5' width x 130' length) is located on the north side of Jefferson Road, east of Military Trail. On January 5, 1999, the City Commission approved the annexation, small scale Future Land Use Map amendment and initial zoning of Lot 61 to GC (Ordinance 49-98) in conjunction with a conditional use modification for a 2,000 sq.ff, expansion for Boca Delray Animal Hospital on Lots 62 and 63. The single family residence on Lot 61 was demolished in September to accommodate the expansion of the hospital. On October 18, 1999, the Planning and Zoning Board approved a conditional use modification to increase the expansion floor area by an additional 500 sq.ft. (2,500 sq.ft, total). On November 3, 1999, SPRAB approved the site plan modification to accommodate the expansion. 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 has requested a 15' wide exclusive sanitary sewer easement to accommodate the installation of a deep sanitary sewer main. This main will connect to the sewer system within Delray Plaza West to the north, and a manhole will be set within Jefferson Road for future service connections. The deed has been executed by the applicant and is ready for acceptance by the City Commission. All utility companies (Adelphia Cable, FPL, Florida Public Utilities Company, BellSouth) reviewed the abandonment and have no objection. Planning and Zoning Board review is not required for the abandonment of easements. By motion, approve the abandonment of a 7.5' easement lying along the east side of Lot 61, Second Addition to Country Club Acres, through the enactment of Resolution 42-99, and accept the exclusive sanitary sewer easement. Attachments:SurveyPlat ~,~ ~'7 ~ Exclusive Sanitary Sewer Easement Deed ],~-./'7/~ Prepared by: RETURN: Jay T. Jambeck, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this 2.,~? '/-day of ~,,.,~... , 1999, by and between BOCA DELRAY ANIMAL HOSPITAL, with a mai{~ng address of 1488 South Military Trail, Delray Beach, Florida 33484, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for good and valuable consideration to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and exclusive perpetual easement for the purpose of: installation and maintenance of underground public utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such underground utilities under or within the following described property located in Palm Beach County, Florida, wit: DESCRIPTION See Exhibit "A' Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above- described property. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition without expense to the property owner. Party of the fa:st part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1: (name printed or typed) (name printed or typed) PARTY OF THE FIRST PART By: v ~ ~ COUNTY OF-~I.'~'~ Cc~c.h The foregoing ~ent was ac~owledged before me ~s ~y of ~ ,9~ , 1999 by ~/~r ~ ~ O~ ]~ (~e of officer or agent, title of cer or agent) of ~ ~r~et-~c~ I~e of co~orafion ac~owledg~g), a ~/~/[~ (state or place of mco~orafion) co~oration, on be~lf of ~e co~oration. He/She is perso~ly ~own to me or has produced (~pe of identification) as iden~cafion ~d ~e an oa~. Signa~Cgre of Notary Public of Florida boca delray anlmaI.DED SKETCH OF DESCRIPTION EASEMENT FOR. UTILITIES AND DITCH 15.00' ~3.00' JEFFERSON RO~D NO TES: THIS IS NOT A SURVEY ~ = CENTERLINE DESCRIPTION O? UTILITY EASEMENT: AN EASEMENT 15.0 FEET IN WIDTH FOR UTILITIES PURPOSES, MORE PARTICULAR£ y DESCRIBED AS FOLLOWS: THE WEST 15.0 FEET OF THE EAST 22.5 FEET OF LOT 61, LESS THE NORTH 20.0 FEET THEREOF, SECOND ADDITION TO COUNTRY CLUB ACRES, AS SHOWN IN PLAT BOOK 24 ON PAGE 21 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THE SAID NORTH 20.0 FEET BEING PART OF A 20.0 FOOT WIDE EASEMENT WHICH RUNS EAST-WEST ALONG THE NORTH LINE OF SAID PLA T. CONTAINING 1,950 SOUARE FEET OR 0.04 ACRES. MORE OR LESS. EXHIBIT "A " SHEET 1 OF 1.