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Res 14-07i 11 RESOLUTION NO. 14 -07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT LOCATED AT 502 NORTH OCEAN BOULEVARD AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A ". WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a utility easement located at 502 North Ocean Boulevard and as more particularly described in Exhibit "A "; and WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(N), "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(N)(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(N)(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 in Exhibit "A ". 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 as follows: See Exhibit "A" PASSED AND ADOPTED in regular session on this 21" da ust, 2007. • Cam.. TTEST: MAYOR Clerk ro M a n 2 J ti W ii 11 2JELRA Y OCEAN ESTA TES NORTH TWO' PLAT BOOK 82, PAGE /l 12' SEWER EASEMENT II PLAT BOOK 82, PAGE 10' UTILITY EASEMENT ORB 1246, PAGE 260 I LOT 9 II PLAT BOOK 7, PAGE 38 5' UTILITY EASEMENT I 5.00' ORB 676. PAGE 123 -- —�-/O' UTILITY EASEMENT ORB 1246, PAGE 252 I GRAPHIC SCALE 0 10 20 40 ( IN FEET ) I INCH = 20 FEET I I NOTES. I. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID LMESS SEALED WITH AN EMBOSSED SURVEYORS SEAL. I I 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OWNERSHIP. OR OTHER INSTRUMENTS OF RECORD. I 3. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYO, 4. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. I 5. ORB - OFFICIAL RECORDS BOOK 6. PB - PLAT BOOK I I I I SOUTH L /NE I O T 9 (P8 I PAGE 38) NORTH LZAE LOT /0 (PB 7 PAGE 38) DESCRIPTION: THE WEST FIVE (5) FEET OF THE FOLLOWING DESCRIBED PROPERTY: LOT 9 AND THE NORTH /0 FEET OF LOT /0, BLOCK E, PALM BEACH SHORE ACRES, AS RECORDED IN PB 7 -38, LESS THE WEST 225 FEET. CERTIFICATE.• I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION ON JANUARY 3/51, 2007 / FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61617 -6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027 &Ja730IA FIELD & WHEELER, INC. CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING W. PALMETTO PARK ROAD - SUITE 100A BOCA RATON, FLORIDA 33433 SKETCH OF DESCRIPTION 5' UTILITY EASEMENT ABANDONMENT -FREY R. WAGNER 31STERED LAND RVEYOR NO. 5302 ATE OF FLORIDA DATE 1/31/2007 DRAWN BY APZ F.B./ PG. N/A SCALE " =20' JOB NO. 4932 I a r; 2 J, H 11 11 VELRAY OCEAN ESTATES NORTH TWO" PLAT BOOK 82, PAGE ll IL 12' SEWER EASEMENT I PLAT BOOK 82, PAGE /l }{—/O' UTILITY EASEMENT ' I ORB 1246, PAGE 260 LOT 9 I( I PLAT BOOK 7, PAGE 38 5' UTILITY EASEMENT I �-5' UT /CITY EASEMENT ORB 676, PAGE 123 ORB 1246. PAGE 250 25.00' /0.00' I I GRAPHIC SCALE 0 10 20 40 1 mmm� ( IN FEET ) I INCH = 20 FEET I I I NOTES. I. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UVLESS SEALED WITH AN EMBOSSED SURVEYORS SEAL. I I I 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS -OF -WAY. EASEMENTS. OWNERSH /P, OR OTHER INSTRUMENTS OF RECORD. I I I 3. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYO 4. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. I I I 5. ORB - OFFICIAL RECORDS BOOK 6. PB - PLAT BOOK I I m I I SOUTH LINE IOT 9 (I 7, PAGE 38) NORTH LINE LOT /0 (PB 7 PAGE 38) J DESCRIPTION: THE EAST TEN 00) FEET OF THE FOLLOWING DESCRIBED PROPERTY.• THE WEST 225 FEET OF LOT 9 AND THE WEST 225 FEET OF THE NORTH /0 FEET OF LOT /O, BLOCK E, PALM BEACH SHORE ACRES, AS RECORDED IN PB 7 -38, LESS THE WEST 25 FEET. CERTIFICATE.• / HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION ON JANUARY 31st, 2007 1 FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE M /N/MLM TECHNICAL STANDARDS SET FORTH IN CHAPTER 6IG17 -6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027. FIELD & WHEELER, INC. CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING &47301A W. PALMETTO PARK ROAD - SUITE 100A BOCA RATON, FLORIDA 33433 -FREY R. WAGNER 31STERED LAND RVEYOR NO. 5302 ATE OF FLORIDA DATE 1/31/2007 DRAWN BY APZ F.B./ PG. N/A SCALE 1' =20' JOB NO. 4932 12' SEWER EASEMENT PLAT BOOK 82, PAGE /1 'DELRAY OCEAN ESTATES l0' UTILITY EASEMENT NORTH TWO" ORB 1246. PAGE 260 PLAT BOOK 82, PAGE H 5.00' -- I LOT 23.50' I PLAT BOOK /6, PAGE 89 1 5' UTILITY EASEMENT ORB 676, PAGE 123 �5' UT /CITY EASEMENT ORB PAGE I _ I l0' UTILITILIT Y EASEMENEN T � ORB 1246, PAGE 252 NOTES I. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED GRAPHIC SCALE WITH AN EMBOSSED SURVEYORS SEAL. 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS —OF —WAY, 0 10 20 40 EASEMENTS, OWNERSH IP, OR OTHER INSTRUMENTS OF RECORD. J. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 4. DATA SHOWN HEREON WA COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. ( IN FEET ) 5. ORB — OFFICIAL RECORDS BOOK I INCH = 20 FEET DESCRIPTION. THE NORTH 5.00 FEET OF THE WEST 23.50 FEET OF THE FOLLOWING DESCRIBED A PARCEL OF LAND: ALL THAT PART OF LOT 9, AND ALL OF THE NORTH /0 FEET OF LOT l0, OF 'SEGERS ADDITION TO DELRAY BEACH, FLORIDA" (FORMERLY A PART OF BLOCK E, PALM BEACH SHORE ACRES). ACCORDING TO THE REPLAT OF THE NORTH 200 FEET OF THE SOUTH 516.3 FEET THEREOF, AS SHOWN IN PLAT BOOK 16. PAGE 89, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING AND BEING WEST OF THE WEST RIGHT —OF —WAY LINE OF STATE ROAD A/A AND EXCEPTION THEREFROM THE WEST 25 FEET OF SAID LOTS 9 AND /0 AS CONVEYED TO THE CITY OF DELRAY BEACH FOR ROAD RIGHT —OF —WAY, LESS THE FOLLOWING DESCRIBED PORTION THEREOF- THE EAST 176.5 FEET OF THE WEST 201.5 FEET OF LOT 9 AND THE EAST 176.5 FEET OF THE WEST 201.5 FEET OF THE NORTH /0 FEET OF LOT /0. OF 'SEGERS ADDITION TO DELRAY BEACH, FLORIDA" (FORMERLY A PART OF BLOCK E OF PALM BEACH SHORE ACRES), ACCORDING TO THE REPLAT OF THE NORTH 200 FEET OF THE SOUTH 5/6.3 FEET THEREOF AS RECORDED IN PLAT BOOK 16. PAGE 89 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CERTIFICATE.• / HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION ON ✓ANUARY 3151, 2007 1 FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MIN /MUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17 -6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027. CAUL FIELD & WHEELER, INC. JA DATE 1/31/2007 ,a CIVIL ENGINEERING — LAND PLANNING LANDSCAPE ARCHITECTURE — SURVEYING DRAWN BY APZ ts, 7301A W. PALMETTO PARK ROAD — SUITE 100A BOCA RATON, FLORIDA 33433 F.B./ PG. N/A PHONE (561)- 392 -1991 / FAX (561)- 750 -1452 JEFFREY R. WAGNER REGISTERED LAND SURVEYOR NO. 5DA SCALE =201 SKETCH OF DESCRIPTION STATE O1 FLORIDA 5' UTILITY EASEMENT ABANDONMENT IF L.B. 3591 JOB N0. 4932 M cyl� EITM OF OELRRY DELRAY BEACH boftd I I® 1993 CITY CLERK EH 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243 -7000 S CERTIFICATION I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of y Resolution No. 14 -07, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 218t day of August, 2007. IN WITNESS WHEREOF, I have hereunto set my hand and the 3 official seal of the City of Delray Beach, Florida, on this the 27th day of 2 August, 2007. O 0 ro L 0 U % P~W RWyCW P8W Chevelle D. Nubin City Clerk City of Delray Beach, Florida THE EFFORT ALWAYS MATTERS I�N�N�N�NIIINMN�NIN11�1 CFN 20070460010 OR BK 22154 PG 0172 RECORDED 10/02/2007 15:35:15 Pain Beach County, Florida Sharon R. Bock,CLERK 3 COMPTROLLER Pga 0172 - 177; (6pga) 14 -07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT LOCATED AT 502 NORTH OCEAN BOULEVARD AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A ". WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a utility easement located at 502 North Ocean Boulevard and as more particularly described in Exhibit "A "; and WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(N), "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(N)(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(N)(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 in Exhibit "A ". 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 particularlv described as follows: See Exhibit "A" PASSED AND ADOPTED in regular session on this 21" da ust, 2007. `C� ��( TTEST: MAYOR Clerk a Z J W �s ii ii 'DEL RA Y OCEAN ES TA TES NORTH TWO" PL T BOOK 82, PAGE 11 it I� 12' SEWER EASEMENT PLAT BOOK 82, PAGE 11 l0' UTILITY EASEMENT ORB 1246, PAGE 260 LOT 9 PL T BOOK 7, PAGE 38 5' UTILITY EASEMENT I �- -5.00' ORB 676, PAGE 123 l0' UTILITY EASEMENT ORB 1246, PAGE 252 II 225.00' GRAPHIC SCALE 0 10 20 40 ( IN FEET ) I INCH = 20 FEET NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYORS SEAL. 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OWNERSHIP. OR OTHER INSTRUMENTS OF RECORD. 3. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYO 4. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. I I 5. ORB - OFF /C /AL RECORDS BOOK 6. PB - PLAT BOOK II I SOUTH L /NE L OT 9 (PB DESCRIPTION - THE WEST F /VE (5) FEET OF THE FOLLOWING DESCRIBED PROPER TY.• LOT 9 AND THE NORTH l0 FEET OF LOT /O, BLOCK E, PALM BEACH SHORE ACRES, AS RECORDED IN PB I7 -38, LESS THE WEST 225 FEET. 7, PAGE 38) NORTH LINE LOT l0 (PB 7 PAGE .381 I CERTIFICA TE.• I HEREBY CERTIFY THA T THE A TTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION ON JANUARY 31st, 2007 I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 6IG17 -6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA 5 T TOTES 472.027. CAULFIELD & WHEELER, INC. CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING 3 Wi' 7301A W. PALMETTO PARK ROAD - SUITE 100A � BOCA RATON, FLORIDA 33433 PHONE (561)- 392 -1991 / FAX (560- 750 -1452 SKETCH OF DESCRIPTION 5' UTILITY EASEMENT ABANDONMENT JEFFREY R. WAGNER REGISTERED LAND SURVEYOR NO. 5302 STATE OF FLORIDA L.B. 3591 DATE 1/31/2007 DRAWN BY APZ F.B./ PG. N/A SCALE 1'I =20' JOB NO. 4932 R r\ Z J W 3 ii ii 'DELRA Y OCEAN ESTA TES NORTH TWO" PLAT BOOK 82, PAGE Il 1) 12' SEWER EASEMENT PLAT BOOK 82, PAGE ll l0' UTILITY EASEMENT ORB 1246, PAGE 260 - -" - -�� I LOT PLAT BOOK 7, PAGE 38 5' UTILITY EASEMENT I �-5' UTILITY EASEMENT ORB 676, PAGE l23 ORB 1246, PAGE 250 25.00' I 10.00' 225.00' GRAPHIC SCALE 0 10 20 40 ( IN FEET ) I INCH = 20 FEET NOTES.• I. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS. OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. J. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYO 4. DA TA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. I I 5. ORB - OFFICIAL RECORDS BOOK 6. PB - PLAT BOOK i II I I SDUTH L /NE L 0 T 9 (PB 7, PAGE 38) NORTH LIRE LOT /0 (PB 7 PAGE 38) I DESCRIPTION. THE EAST TEN (l0) FEET OF THE FOLLOWING DESCRIBED PROPERTY.• THE WEST 225 FEET OF LOT 9 AND THE WEST 225 FEET OF THE NORTH l0 FEET OF LOT l0, BLOCK E, PALM BEACH SHORE ACRES, AS RECORDED IN PB 7 -38, LESS THE WEST 25 FEET. CERTIFICA TE.• I HEREBY CERTIFY THA T THE A TTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION ON JANUARY 31st, 2007 1 FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 6IG17 -6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA 5 T TUTES 472.027. CAULFIEL_D 8, WHEELER, INC. t. CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING 7301A W. PALMETTO PARK ROAD - SUITE 100A BOCA RATON, FLORIDA 33433 PHONE (561)- 392 -1991 / FAX (561)- 750 -1452 SKETCH OF DESCRIPTION l0' UTILITY EASEMENT ABANDONMENT JEFFREY R. WAGNER REGISTERED LAND SURVEYOR NO. 5302 STATE OF FLORIDA DATE 1/31/2007 DRAWN BY APZ F.B./ PG. N/A SCALE 111 =201 JOB NO. 4932 5.00' --7 5' UTILITY EASEMENT ORB 676, PAGE 123 AV TES: 12' SEWER EASEMENT PLAT BOOK 82, PAGE ll l0' UTILITY EASEMENT ORB 1246, PAGE 260 LOT 9 2350' I PLAT BOOK 16. PAGE 89 5' UTILITY EASEMENT ORB 1246, PAGE 250 l0' UTILITY EASEMENT i I ORB 1246, PAGE 252 'DEL RA Y OCEAN ES TA TES NORTH TWO" PLA T BOOK 82, PAGE ll 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED GRAPHIC SCALE WITH AN EMBOSSED SURVEYORS SEAL. 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS -OF -WAY, 0 10 20 40 EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. J. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 4. DA TA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. ( IN FEET ) 5. ORB - OFFICIAL RECORDS BOOK I INCH = 20 FEET DESCRIPTION. - THE NORTH 5.00 FEET OF THE WEST 23.50 FEET OF THE FOLLOWING DESCRIBED A PARCEL OF LAND: ALL THAT PART OF LOT 9, AND ALL OF THE NORTH /0 FEET OF LOT l0, OF 1SEGER5 ADDITION TO DELRAY BEACH, FLORIDA (FORMERLY A PART OF BLOCK E, PALM BEACH SHORE ACRES), ACCORDING TO THE REPLAT OF THE NORTH 200 FEET OF THE SOUTH 516.3 FEET THEREOF, AS SHOWN IN PLAT BOOK 16, PAGE 89. PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LYING AND BEING WEST OF THE WEST RIGHT -OF -WAY LINE OF STATE ROAD A 1 AND EXCEPTION THEREFROM THE WEST 25 FEET OF SAID LOTS 9 AND l0 AS CONVEYED TO THE CITY OF DELRAY BEACH FOR ROAD RIGHT -OF -WAY, LESS THE FOLLOWING DESCRIBED PORTION THEREOF.- THE EAST 176.5 FEET OF THE WEST 201.5 FEET OF LOT 9 AND THE EAST 176.5 FEET OF THE WEST 201.5 FEET OF THE NORTH l0 FEET OF LOT l0, OF ':5EGER'S ADDITION TO DELRAY BEACH, FLORIDA" (FORMERLY A PART OF BLOCK E OF PALM BEACH SHORE ACRES), ACCORDING TO THE REPLAT OF THE NORTH 200 FEET OF THE SOUTH 516.3 FEET THEREOF AS RECORDED /N PLAT BOOK 16, PAGE 89 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CERTIFICA TE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION ON JANUARY 31st, 2007 I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61617 -6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STA TUTES 472.027. CAULFIELD & WHEELER, INC. �s CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING 7301A W. PALMETTO PARK ROAD - SUITE 100A BOCA RATON, FLORIDA 33433 PHONE (560 -392 -1991 / FAX (561)- 750 -1452 SKETCH OF DESCRIPTION 5' UTILITY EASEMENT ABANDONMENT 'A JEFFREY R. WAGNER REGISTERED LAND SURVEYOR NO. 5302 STATE OF FLORIDA L.B. 3591 DATE 1/31/2007 DRAWN BY APZ F.B./ PG. N/A SCALE 1" =201 JOB NO. 4932 MEMORANDUM TO: Mayor and Commissioners FROM: Begoila Krane THROUGH: David T. Harden, City Manager DATE: August 13, 2007 SUBJECT: RESOLUTION 14 -07 — ABANDONMENT OF UTILITY EASEMENTS - 502 N. OCEAN BLVD ITEM BEFORE COMMISSION The attached agenda request is for Commission approval to abandon two 5' utility easements and one 10' utility easement at 502 North Ocean Boulevard. BACKGROUND This is a single family home being built at 502 North Ocean Boulevard. As part of the project, new utility easements were required since the existing easements did not adequately cover the existing water and sewer lines. Now that the proper easements are recorded, these three easements can be abandoned. Attached are the following: Legal description of the utility easement abandonment, and a location map. FUNDING SOURCE N/A RECOMMENDATION Staff recommends approval of Resolution #14 -07 abandoning two 5' utility easements and one 10' utility easement at 502 North Ocean Boulevard. Enc Cc Project File TAC Agenda File U:\wwdatalagendalAgenda Info 8.21.0712007408 -502N OceanAgenda FINAL.doc RESOLUTION NO. 14 -07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT LOCATED AT 502 NORTH OCEAN BOULEVARD AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A ". WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a utility easement located at 502 North Ocean Boulevard and as more particularly described in Exhibit "A "; and WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(1), "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(N)(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(N)(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 in Exhibit "A ". 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 as follows: See Exhibit "A" PASSED AND ADOPTED in regular session on this the _ day of, 2007. ATTEST: City Clerk MAYOR EXHIBIT "A" 11 II 'DEL RAY OCEAN E5 TA TES NOR TH TWO" PLAT BOOK 82, PAGE I1 II I` 12' SEWER EASEMENT j I I PLAT BOOK 82. PAGE ll 5' UTILITY EASEMENT ORB 676. PAGE 123 ��-10' UTILITY EASEMENT ORB 1246, PAGE 260 LOT 9 PLAT BOOK 7, PAGE 38 6— 5.00' l0' UTILITY EASEMENT ORB 1246, PAGE 252 GRAPHIC SCALE 0 10 20 40 ( IN FEET ) i INCH = 20 FEET NOTES.• L REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, I ! EASEMENTS. OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. I J. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYO, 4. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A FIELD SL/RVEY AS SUCH. 5. ORB - OFFICIAL RECORDS BOOK 6. PB - PLAT BOOK I 1 I 225.001 0 T 9 (I 8 PAGE 38) SOUTH LINE NORTH LIRE LOT 10 (PB 7 PAGE 38) DESCRIPTION.- THE WEST FIVE (5) FEET OF THE FOLLOWING DESCRIBED PROPERTY.- LOT 9 AND THE NORTH /0 FEET OF LOT /0, BLOCK E. PALM BEACH SHORE ACRES AS RECORDED IN P8 7 -38, LESS THE WEST 225 FEET: CERTIFICA TE.• I HEREBY CERTIFY THA T THE A TTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION ON JANUARY 31st. 2007. 1 FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS TH_F M1N1fi4UM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17 -6 ADOPTED BY THE FLORIDA BOARD OF" SURVEFYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027 CAULFIELD & WHEELER, INC. CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING SC t 7301A W. PALMETTO PARK ROAD -SUITE E00A BOCA RATON, FLORIDA 33433 PHONE (561)- 392 -1991 / FAX (561) -750 -1452 SKETCH OF DESCRIPTION 5' UTILITY EASEMENT ABANDONMENT JEFFREY R. WAGNER REGISTERED LAND SURVEYOR NO. 5302 STATE OF FLORIDA L.B. 3591 DATE 1/31 /2007 DRAWN BY APZ F.B./ PG. N/A SCALE I" =20' rJOB N0. 4932 5.00' — — —T 5' UT /L I TY EASEMENT ORB 676, PAGE 123 NO TES. • EXHIBIT "A" 12' SEWER EASEMENT PLA T BOOK 82, PAGE ll /O:' UTILITY EASEMENT ORB 1246, PAGE 260 LOT 9 23.50' f PLAT BOOK 16. PAGE 89 5' UTILITY EASEMENT ORB 1246, PAGE 250 4 10' UTILITY EASEMENT i ORB 1246, PAGE 252 'DELPAY OCEAN ES TA TES NORTH TWO" PL T BOOK 82, PAGE /! I. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED GRAPHIC SCALE WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS -OF -WAY, 0 10 20 40 EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. J. THE 'LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 4, DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. ( IN FEET 5. ORB - OFFICIAL RECORDS BOOK I INCH = 20 FEET DESCRIPTION: THE NORTH 5.00 FEET OF THE WEST 2350 FEET OF THE FOLLOWING DESCRIBED A PARCEL OF LAND: ALL THAT PART OF LOT 9, AND ALL OF THE NORTH l0 FEET OF LOT /O, OF ':5EGER'S ADDITION TO DELRAY BEACH, FLORIDA (FORMERL Y A PART OF BLOCK E, PALM BEACH SHORE ACRES), ACCORDING TO THE REPLAT OF THE NORTH 200 FEET OF THE SOUTH 516.3 FEET THEREOF, AS SHOWN IN PLAT BOOK 16, PAGE 89. PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING AND BEING WEST OF THE WEST RIGHT -OF -WAY LINE OF STATE ROAD A/A AND EXCEPTION THEREFROM THE WEST 25 FEET OF SAID LOTS 9 AND l0 AS CONVEYED TO THE CITY OF DELRAY BEACH FOR ROAD RIGHT -OF -WAY, LESS THE FOLLOWING DESCRIBED PORTION THEREOF THE EAST 176.5 FEET OF THE WEST 201.5 FEET OF LOT 9 AND THE EAST 176.5 FEET OF THE WEST 201.5 FEET OF THE NORTH l0 FEET OF LOT l0. OF 'SEGER'S ADDITION TO DELRAY BEACH, FLORIDA" (FORMERLY A PART OF BLOCK E OF PALM BEACH SHORE ACRES), ACCORDING TO THE REPLA T OF THE NORTH 200 FEET OF THE SOUTH 516.3 FEET THEREOF AS RECORDED IN PLAT BOOK 16, PAGE 89 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CERTIFICA TE.• I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION ON JANUARY 31st, 2007 / FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61617 -6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027. CAULFIELD & WHEELER, INC. CIVIL ENGINEERING -LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING 7301A W. PALMETTO PARK ROAD - SUITE 100A BOCA RATON, FLORIDA 33433 PHONE (561)- 392 -1991 / FAX (561)- 750 - 1452__ SKETCH OF DESCRIPTION 5' UTILITY EASEMENT ABANDONMENT DATE 1/31/2007 I L APZ JEFFREY R. WAGNER REGISTERED LAND SURVEYOR NO. 5302 STATE OF FLORIDA L.B. 3591 DATE 1/31/2007 DRAWN BY APZ 1 F,B./ PG. N/A SCALE 1'1 =20' 1 JOB NO. 4932 "'EXHIBIT "A" ii ii V,ELRA Y OCEAN ESrA TES NORTH TWO" PLA T BOOK 82. PAGE ll III 12' SEWER EA5L -10ENT 1 PLA T BOOK 82. PAGE I/ -- -� -10' UTILITY EASEMENT j ORB 1246 PAGE 260 LOT 9 PLAT BOOK 7, PAGE 38 5' UTILITY EASEMENT �15' UTILITY EASEMENT ORB 676. PAGE 123 ORB 1246, PAGE 250 25.00' I /0.00 1 k GRAPHIC SCALE 0 10 20 40 ( IN FEET ) I INCH = 20 FEET NOTES.• I. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYORS SEAL. 1 I 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS -OF -WAY, I EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD I 3. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYO 4. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. t 5. ORB - OFFICIAL RECORDS BOOK I{ 6. PB - PLAT BOOK I 0' PT /ON. THE E --' � THE EAST TEN (/OJ FEET OF THE FOLLOWING DESCRIBED PROPERTY.• THE WEST 225 FEET OF LOT 9 AND THE WEST 225 FEET OF THE NORTH l0 FEET OF LOT 10, BLOCK E. PALM BEACH SHORE ACRES. AS RECORDED IN PB 7 -38. LESS THE WEST 25 FEET. SOUTH LINE LOT 9 (PB 7, PAGE 38) NORTH L /NE LOT /0 (PB 7 PAGE 38) /Oi00` --J —Li- CERTIFICA TE.• I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEf?EON DESCRIBED PROPERTY IS TRL/E AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION ON JANUARY 31st, 2007 I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMLM TECHNICAL STANDARDS SET FORTH IN CHAPTER 6IG17 -6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA 5 T TUTES 472.027. CAULFIELD & WHEELER, INC. CIVIL ENGINEERING -LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING 7301A W. PALMETTO PARK ROAD - SUITE 104A BOCA RATON, FLORIDA 33433 PHONE (560-392-1991 / FAX (561)- 750 -1452 SKETCH OF DESCRIPTION l0' UTILITY EASEMENT ABANDONMENT JEFFREY R. WAGNER REGISTERED LAND SURVEYOR NO. 5302 .STATE OF FLORIDA L.B. 3591 DATE 1/31/2007 DRAWN BY APZ I F.B./ PG. N/A SCALE 1 " =20' JOB NO, 4932