Res 32-03RESOLUTION NO. 32-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DFJ.RAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF WAIJACE DRIVE RIGHT-
OF-WAY (PREVIOUSLY GERMANTOWN ROAD) LOCATED
ON THE WEST SIDE OF S.W. 10TM AVENUE, BETWEEN S.W.
10TM STREET AND W~AI.I.ACE DRIVE, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT RESERVING
AND RETAINING TO THE CITY A UTILITY EASEMENT
OVER THE ENTIRE AREA THEREOF, AS MORE
PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Dekay Beach, Florida, received an application for
abandonment of a portion of Wallace Drive fight-of-way, as dedicated on the plat of Esquire
Subdivision (Plat Book 23, Page 43), as more particularly described herein; and
WHEREAS, said application for abandonment of a general public fight-of-way was
processed pursuant to Section 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land
Development Regulations of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on July 19, 1999,
and voted 5 to 0 to recommend approval of the abandonment, based upon positive findings with
respect to LDR Section 2.4.6(O)(5), and subject to the condition that a general utility easement be
retained over the entire area; and
WHEREAS, as a condition of the abandonment of the area described below, an
access easement will be processed concurrent with the abandonment to cover the section of
driveway for the retail store which encroaches into the fight-of-way returned to the City as a result
of said abandonment; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds 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 fight-of-way, based upon
positive findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and
reserves unto itself a utility easement over the entire area thereof, as more particnhrly described
herein, for the purpose of emergency access and constructing and/or maintaining, either over or
under the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for
various public utilities whether owned by the City or private corporations.
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 by the Delray Beach City Commission to vacate and abandon all
right and interest it holds to the following real property for right-of-way purposes only, but does not
abandon and retains and reserves unto itself a utility easement over the entire area thereof, for the
purpose of emergency access and constructing and/or maintaining, either over or under, the surface
poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities
whether owned by the City or private corporations, more particularly described as follows:
Beginning at the Southeast comer of Lot 5, Esquire Subdivision
according to the Plat thereof, as recorded in Plat Book 23, at page 43
of the Public Records of Palm Beach County, Florida; thence North
88° 11' 00" East along the easterly extension of the southerly line of
said Lot 5, a distance of 22.29 feet to an intersection with a non-
tangent curve, concave to the southeast, whose radius bears South
42* 04' 39" East, having a radius of 110.00 feet and a central angle of
42° 02' 22"; thence northeasterly along the arc of said curve a
distance of 80.71 feet to a point of tangency; thence North 89° 57'
48" East a distance of 2.53 feet; thence North 22° 21' 16" East, along
the easterly right-of-way of Germantown Road as shown on Esquire
Subdivision a distance of 132.59 feet; thence North 00° 02' 12"
West, along the westerly right-of-way of SW 10~ Avenue, as laid out
and in use; a distance of 160.70 feet to the point of curvature of a
curve concave to the southwest, having a radius of 25 feet and a
central angle of 57° 42' 21"; thence northerly along the arc of said
curve a distance of 25.18 feet to a point on the easterly line of Lot 3
of said, Esquire Subdivision; thence South 22° 21' 16" West, along
the easterly line of said Lots 3, 4, and 5, a distance of 360.00 feet to
the point of beginning.
City Clerk
Containing 20,557 square feet (0.47 acre), more or less.
PASSED AND ADOPTED in regular session on
,2003.
this
the ~,~'~y of
2 RES. NO. 32-03
MelTIO
From:
CC:
Date:.
Re:
City Commission,~,~ A
David Harden ~'vI
May 16, 2003
Abandonment Request for Wallace Ddve Right-of-Way
This is a very unusual situation in that the applicant owns land on the west side of the right-of-
way while the City owns land on the east side. The land owned by the City is portions of lots
12 and 13 as indicated on the attached survey. If this abandonment is approved, the portion
of the right-of-way crosshatched in orange will come to the City, while the portion
crosshatched in yellow will become the property of the applicant.
On two separate occasions, beginning in 1999, the applicant inquired about buying the City's
property, so that all the abandoned right-of-way would come to him. His last offer was
$5,000, which City staff thought was insufficient.
The triangle now owned by the City includes 3,104 square feet. The dght of way which would
be added to the City's property includes 6,784 square feet, for a total of 9,888 square feet.
An appraisal done in the general ama in 1999 established a value of $4.00 per square foot,
which would equate to $31,147 for the entire 9,888 square feet. Given the odd shape of the
City's parcel, City staff felt that we could support a sale at $15,000, but not at $5,000.
Another way to value this property would be to use only the area we presently own outside
the right-of-way, which would be $12,416 at $4.00 per square foot.
If the abandonment is approved as requested, the City will be left with an oddly shaped
parcel which would be difficult for anyone to build on, given the 25 foot front and 10 foot rear
setbacks required in the MIC district. If the requested cross access agreement is approved, it
would further restrict the buildability of the City's parcel. If the right-of-way is not abandoned,
it, together with the City parcel, could be used for stormwater retention or other purposes.
Altematives: 1. Approve the request.
2. Approve the abandonment but not the cross access agreement.
3. Deny the request, subject to reconsideration if the applicant acquires the
land on the east side of the right-of-way.
Recommendation: I recommend that the request be denied and that the Commission
determine a pdce at which it would be willing to sell the triangular area indicated as lots 12 and
13.
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FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER~.)~._/,._~/~'-~ '"'-'"
PAUL DORLI.G, DIRECTOROF PLANNING AND T~ING
NGUYENTRAN, SENIORPLANNER y~~_.~.~
MEETING OF JULY 22, 2003
ABANDONMENT OF A PORTION OF WALLACE DRIVE RIGHT-OF-WAY
(FORMERLY GERMANTOWN ROAD) LOCATED ON THE WEST SIDE OF
S.W. 10TM AVENUE, BETWEEN S.W. l0TM STREET AND WALLACE DRIVE.
The request involves abandoning a portion of Wallace Drive previously known as Germantown Road.
The right-of-way was dedicated with the recording of the plat of Esquire Subdivision (Plat Book 23,
Page 43) in February of 1950 and consists of approximately 20,557 sq. ft. (0.47 acre). The portion of
right-of-way proposed for abandonment originally intersected S.W. 10th Street which was realigned in
1994 to connect to S.W. 10th Avenue. The request before the City Commission involves the
abandonment of a portion of the old alignment.
The abandonment request was scheduled to be considered by the City Commission on May 20, 2003.
The applicant's agent had requested that the item be postponed to the June 3, 2003 City Commission
meeting as his client was out of the country and based upon a recommendation of denial put forth by
the City Manager.
The abandonment request was placed on the June 3, 2003 City Commission agenda and was again
postponed for the reason that Mr. Roof would not be in the country until June 10, 2003.
This request was originally considered by the Planning and Zoning Board on July 19, 1999. The
recommendation by the Planning and Zoning Board was for approval subject to the conditions listed
below. The recommendation for approval occured 4 years ago, when minimal development activity
was occurring in that area and the Wallace Drive Redevelopment Plan was not completed. Thus, the
abandonment request should be reconsidered based upon current development potential for the
surrounding properties, and the proposed Wallace Drive Redevelopment Plan and existing Future Land
Use Element Policy C-2.3. Future Land Use Element Policy C-2.3 states that unimproved and
underimproved rights-of-way shall be abandoned when it facilitates aggregation of parcels and larger
scale development provided that the right-of-way is not essential for traffic flow. Rather than
abandoning the right-of-way and the City retaining property that will not be of adequate size to utilize for
a public purpose, the property should be aggregated in its entirety or the entire right-of-way retained
which would increase the development potential of the property for a public purpose.
On July 19, 1999 the item was considered by the Planning and Zoning Board and recommended for
approval subject to the following conditions:
1. That replacement easements be provided to cover the existing 8" sewer and 16" water mains;
2. That the replacement easements be provided to cover all services on the existing overhead
utility line and any other existing future services; and
3. That a cross-access (Access Easement) be processed concurrent with the abandonment to
cover the section of driveway for the retail store which encroaches into the right-of-way reverting
to the City.
City Commission Documentation
Meeting of July 22, 2003
Abandonment of a Portion of Wallace Drive (formerly Germantown Road)
Page 2
The Access Easement is in the process of being executed at this time. The abandonment
resolution will not be forwarded for recording until the access easement has been fully executed.
All other conditions have been addressed.
1. Continue with direction.
2. Recommend to the City Commission approval of the abandonment subject to positive findings
with respect to LDR Section 2.4.6(0)(5) and Consistency with respect to Future Land Use
Element Policy C-2.3.
3. Recommend to the City Commission denial of the abandonment based upon a failure to make
positive findings with respect to LDR Section 2.4.6(0)(5) and based upon the Inconsistency with
Future Land Element Policy C-2.3.
4. Recommend to the City Commission approval of the abandonment subject to positive findings
with respect to LDR Section 2.4.6(0)(5) and Consistency with respect to Future Land Use
Element Policy C-2.3 subject to the aggregation of entire 80' right-of-way.
Recommend denial of the abandonment of a portion of Wallace Drive right-of-way based upon a failure
to make positive findings with respect to LDR Section 2.4.6(0)(5) and based upon the inconsistency
with Future Land Use Element Policy C-2.3.
Attachments: Location Map, Abandonment Resolution, Access Easement, Planning and Zoning Board Staff Report of July 19, 1999
S:\Planning & Zoning\BOARDS\CITY COMMISSIONW. bnd of Portion of Wallace Ddve (Roof & Rack).doc
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POINSETTIA DRIVE
GEORGIA STREET
DELRA Y BEACH
MEMORIAL
GARDENS
S.W. 9TH ST
S.W. 9TH Cl
STREET
L
s.w. 11TH
THE
GROVES
BESSIE ST.
MILFREO STREET
WALLACE
FORD
LINTON
WALLACE
NISSAN
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WALLA CE SOU THRIDGE
DODGE VILLA GE
CONDO
BOULEVARD
ZEDER AVE.
LINTON INTERr~A TIONAL
PLAZ~A
CITY OF DELRAY BEACH, FL
PLANNING &: ZONING DEPARTMENT
ABANDONMENT
A PORTION WALLACE DRIVE (f.k.a. GERMANTOWN ROAD)
-- OIGII'AI. 8.AS£ t,,t/IP SYSTEbl -- MAP REF: LM357
SUBDIVISION OF SECTION 20-46-43
;E lOth
AVENUE
RESOLUTION NO. 32-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF W_AIJ,ACE DRIVE RIGHT-
OF-WAY (PREVIOUSLY GERMANTOWN ROAD) LOCATED
ON THE WEST SIDE OF S.W. 10TM AVENUE, BETWEEN S.W.
10TM STREET AND WAI J,ACE DRIVE, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT RESERVING
AND RETAINING TO THE CITY A UTILITY EASEMENT
OVER THE ENTIRE AREA THEREOF, AS MORE
PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a portion of Wallace Drive right-of-way, as dedicated on the plat of Esquire
Subdivision (Plat Book 23, Page 43), as more particularly described herein; and
WHEREAS, said application for abandonment of a general public fight-of-way was
processed pursuant to Section 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land
Development Regulations of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on July 19, 1999,
and voted 5 to 0 to recommend approval of the abandonment, based upon positive findings with
respect to LDR Section 2.4.6(O)(5), and subject to the condition that a general utility easement be
retained over the entire area; and
WHEREAS, as a condition of the abandonment of the area described below, an
access easement will be processed concurrent with the abandonment to cover the section of
driveway for the retail store which encroaches into the right-of-way returned to the City as a result
of said abandonment; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds 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 right-of-way, based upon
positive findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and
reserves unto itself a utility easement over the entire area thereof, as more particularly described
herein, for the purpose of emergency access and constructing and/or maintaining, either over or
under the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for
various public utilities whether owned by the City or private corporations.
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 by the De[ray Beach City Commission to vacate and abandon all
right and interest it holds to the following real property for right-of-way purposes only, but does not
abandon and retains and reserves unto itself a utility easement over the entire area thereof, for the
purpose of emergency access and constructing and/or maintaining, either over or under, the surface
poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities
whether owned by the City or private corporations, more particularly described as follows:
Beginning at the Southeast comer of Lot 5, Esquire Subdivision
according to the Plat thereof,~ as recorded in Plat Book 23, at page 43
of the Public Records of Palm Beach County, Florida; thence North
88° 11' 00" East along the easterly extension of the southerly line of
said Lot 5, a distance of 22.29 feet to an intersection with a non-
tangent curve, concave to the southeast, whose radius bears South
42° 04' 39" East, having a radius of 110.00 feet and a central angle of
42° 02' 22"; thence northeasterly along the arc of said curve a
distance of 80.71 feet to a point of tangency; thence North 89° 57'
48" East a distance of 2.53 feet; thence North 22° 21' 16" East, along
the easterly right-of-way of Germantown Road as shown on Esquire
Subdivision a distance of 132.59 feet; thence North 00° 02' 12"
West, along the westerly right-of-way of SW 1 ffh Avenue, as laid out
and in use; a distance of 160.70 feet to the point of curvature of a
curve concave to the southwest, having a radius of 25 feet and a
central angle of 57° 42' 21"; thence northerly along the arc of said
curve a distance of 25.18 feet to a point on the easterly line of Lot 3
of said, Esquire Subdivision; thence South 22° 21' 16" West, along
the easterly line of said Lots 3, 4, and 5, a distance of 360.00 feet to
the point of beginning.
Containing 20,557 square fee~ (0.47 acre), more or less.
PASSED AND ADOPTED in regular session on this the
., 2003.
day of
ATTEST:
MAYOR
City Clerk
2
Resolution No. 32-03
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE'
AGENDA ITEM:
ITEM:
July 19, 1999
VI.B.
Abandonment of a Portion of Wallace Drive (Formerly
Germantown Road) Which Previously Intersects S.W. 10th Street.
GENERAL DATA:
Applicant .............................. John and William Roof
Location ............................... Portion of Wallace Drive
(formerly Germantown Road)
Property Size ........................ 0.47 Acre
Existing F.LoU.M
Designation .......................... Redevelopment Area 2
Current Zoning.. .................... MIC (Mixed Industrial &
Commercial)
Existing Land Use ................ Unimproved right-of-way
Proposed Land Use ............. Abandonment of the portion
of unimproved right-of-way to
be incorporated into adjacent
properties for access and
parking
Water Service ....................... n/a
Sewer Service ...................... n/a
CARVER ESTA I~S
$.W, 7TH CT.
~ ~ ~ · ~ DELRA Y BEACH
~ -C MEM~IAL
~ GARDENS
S.W. IO~H S~EET
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~T~IDC[ RD.
WALLACE
NISSAN WALLACE ~ SOU~IDGE
D~GE ~LLA~
CONDO
LIN TON BOULEVARD
VI.B.
The item before the Board is that of making a recommendation to the City
Commission on abandonment of a portion of Wallace Drive (fka Germantown Road-
old realignment area). The subject right-of-way is located on the west side of S.W.
10t~ Avenue, between S.W. 10~ Street and Wallace Drive. The applicant for the
abandonment is the owner of Lots 4 and 5 of the Esquire Subdivision.
The area of Wallace Drive to be abandoned was previously known as Germantown
Road, which was dedicated as an 80' right-of-way with the recordation of the Esquire
Subdivision plat in February, 1950. Wallace Drive once intersected with S.W. 10~h
Street, but was realigned in 1994 to connect with S.W. 10~ Avenue. The request
before the Board involves the abandonment of the old alignment area.
The right-of-way is overgrown with grass, except for an asphalt parking area and
driveway with access to S.W. 10t~ Avenue. The driveway connects to a parking area
for a convenience store' on Lot 3 (Mr. A's Grocery, currently vacant) located at the
southwest corner of S.W. 10t~ Street and Wallace Drive. In addition, there is an
existing overhead utility line, 8" sewer main, and 16" water main within the subject
right-of-way.
The area to be abandoned consists of approximately 20,557 sq. ft. (approximately .47
acre). The abandonment is being requested to accommodate future development of
abutting Lots 4 and 5 to the west, which are currently vacant.
Wallace Drive was originally platted as Germantown Road with a dedicated right-of-
way width of 80'. Because the remaining right-of-way is oddly configured, at some
points the width exceeds 80'. Pursuant to LDR Section 2.4.6(O)(1), public property
dedicated through subdivision shall be divided at the center line and returned equally
to abutting parcels when abandoned. The subject right-of-way was dedicated entirely
from the Esquire Subdivision plat. Upon abandonment, approximately 40' will revert
to the owners of the lots to the west (Lots 3-5). The City owns adjacent portions of
Lots 12 and 13 to the east, and would therefore receive the eastern 40'. In addition,
the northern 160' of right-of-way abuts S.W. 10t~ Avenue (a public right-of-way), and %
of this abandonment area will revert to the City. The existing driveway off S.W. 10t~
Avenue accessing the vacant structure on lot 3 lies within the area of right-of-way to
be abandoned to the City. The City has no future plans for the abandonment area,
and therefore the abandonment will not impact this point of access.
Planning and Zoning Board Staff Report
Wallace Drive Abandonment (fka Germantown Road - Old Alignment Area)
Page 2
The subject abandonment area is bordered to the east by the R-1-A (Single Family
Residential) zoning district, and to the west by MIC (Mixed Industrial and
Commercial). The surrounding land uses include vacant lots and S.W. 10"' Avenue
right-of-way to the east, and vacant properties and a vacant convenience store to the
west.
Utilities:
The City's Environmental Services Department has reviewed the request and
indicated that replacement easements must be provided to cover the existing 8'
sewer and 16" water mains within the area of abandonment. Provision of easements
to cover these utilities are attached as a condition of approval.
All utility companies (FPL, Adelphia Cable, BellSouth, Florida Public Utilities) were
provided with surveys of the abandonment area. FPL has indicated a 10'
replacement easement will be required to cover the existing service on the overhead
utility line. Although no responses have yet been received from BellSouth, Adelphia
Cable, or Florida Public Utilities, any services on the overhead utility line or
underground will require replacement easements. Provision of easements covedng
any existing and future services within the abandonment area (FPL, Adelphia, Florida
Public Utilities, BellSouth) is attached as a condition of approval.
Access:
Although it is currently unoccupied, the structure at the southwest corner of S.W. 10~'
Street and S.W. 10th Avenue takes access from S.W. 10th Avenue via an existing
driveway located within the abandonment area. This driveway is within a portion of
the abandonment area that abuts S.W. 10th Avenue, which will revert to the City. As a
result the driveway will encroach on City-owned property. The City has no future
plans for this right-of-way, and therefore the driveway access should not be impacted
by the abandonment. It is noted, however, that a cross-access easement will need to
be executed for that portion of the driveway which traverses the portion of the right-of-
way that will revert to the City. This easement should be approved by the City
Commission concurrent with the abandonment. Altematively, the property owner
could elect to purchase the City-owned parcels, therefore having direct access to
S.W. 10m Avenue. The same situation exists for the vacant property to the south,
which when developed will need to cross this property to obtain access to S.W. 10~
Avenue.
Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being
approved, the following findings must be made:
Planning and Zoning Board Staff Report
Wallace Ddve Abandonment (fka Germantown Road - Old Alignment Area)
Page 3
A) That there is not, nor will there be a need for the use for the right-of-way for
any public purpose.
Sanitary sewer and water mains and an overhead utility line exist within the Wallace
Drive right-of-way. Easements will be required to cover these services and any other
existing and future services. Provision of replacement easements is attached as a
condition of approval.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
Any future development on Lots 4 and 5 will take access from S.W. 10~ Avenue or
$.W. 10= Street. Although it lies within the portion of the subject area that will revert
to the City, the existing driveway providing access between S.W. 10~ Avenue and the
existing structure on Lot 3 should not be impacted by the abandonment. Cross
access easements will be provided concurrent with the abandonment.
C) That the abandonment will not result in the detriment for the provision of
access and/or of utility services to adjacent properties or the general area.
The existing building on Lot 3 will continue to have access from S.W. 10~ Avenue and
S.W. 10~ Street. Modifications to or redevelopment of the site may require re-
evaluation of the existing driveway locations. Easements will be required to cover the
water and sanitary sewer mains, overhead utility line and any other services located
within the subject right-of-way. No detriment will therefore result.
The subject right-of-way is remaining area from the realignment of Wallace Drive, and
its intended use is limited. By abandoning the limited area to private interests, the
adjacent lots may be enhanced through development. Replacement easements will
be required to cover the 8" sanitary sewer and 16" water mains, and services on the
existing overhead utility line. The existing structure on Lot 3 (formerly Mr. A's Grocery
Store) will have continued access via the driveway within the abandonment area with
access to S.W. 10th Avenue, as well as from S.W. 10~ Street. It is noted that cross-
access easements will be necessary to allow for access over the sections of right-of-
way reverting to the City, unless the property owners elect to purchase the property
from the City.
1. Continue with direction.
Planning and Zoning Board Staff Report
Wallace Ddve Abandonment (fka Germantown Road - Old Alignment Area)
Page 4
2. Recommend approval of the abandonment subject to positive findings with respect
to LDR Section 2.4.6(0)(5), subject to conditions.
3. Recommend denial of the abandonment based upon a failure to make positive
findings with respect to LDR Section 2.4.6(0)(5).
By motion, recommend approval of the abandonment a portion of Wallace Drive dght~
of-way, subject to the following conditions:
That replacement easements be provided to cover the existing .8" sewer and
16" water mains.
That replacement easements be provided to cover all services on the existing
overhead utility line and any other existing and future services.
That cross-access easements be processed concurrent with the abandonment
to cover the section of the driveway for the retail store which encroaches into
right-of-way reverting to the City, and to provide for future access to S.W. 10"~
Avenue by Lots 4 and 5.
Attachments: 121 Location Map
121 Survey
Esquire Subdivision Plat
1i I I1 IllI
I I
I
Exhibit
~& Irrigation Plans For
ROOJF & RACK
DE,~,~NEO BY: '
C,~I~TER & ASSOCIATES
L.e~ pSCAPE ARCHITECTS INC.
Prepared by: RETURN:
IL Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
ACCESS EASEMENT AGREEMENT
FROM THE CITY TO THE PROPERTY OWNER
THIS AGREEMENT, made this
day of
200_, by and between
, with a mailing
address of
("OWNER"), 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, ("CITY"):
NOW THEREFORE, in consideration of $10.00 and other valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. CITY hereby grants to OWNER a non-exclusive easement for ingress and egress
to enter upon and across, the property as shown in Exhibit "A", (access easement area) attached
hereto, for the purpose of pedestrian and vehicular access. The granting of this easement shall
not interfere with any underground utilities that currently exist or may exist in the future in the
Access Easement area.
2. The parties agree that this Access Easement Agreement shall be recorded in the
Public Records of Palm Beach County, Florida. The access easement granted herein shall not be
transferred, assigned, sold or otherwise conveyed except in conjunction with the transfer or sale
of the property that is provided access by this easement. At such time as the access easement
granted herein is no longer required by the OWNER, the easement may be released of record by
a written document executed by an authorized signatory of the OWNER.
3. The parties hereby agree that the OWNER shall be responsible for the
maintenance, replacement and repair of the property encompassed within the grant of the
easement contained herein.
4. For the payment of additional consideration of Ten Dollars ($10.00), receipt of
which is hereby acknowledged, OWNER shall, and hereby agree to indemnify and hold the
CITY harmless from and against any and all judgments, damages, claims, demands, losses,
liabilities and other costs and expenses, including reasonable attorney's fees incurred in the
defense thereof, that may be incurred by reason of any loss, damage or injury to any person or
property resulting directly or indirectly by reason of the use of the Access Easement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day
and year first above written.
ATTEST: OWNER
By:
Print Name: Print Name:
Print Name:
sTATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this __ day of .,
200_ by who is personally known to me or who has
produced as identification.
Signature of Notary Public - State
of Florida
ATTEST:
City Clerk
Approved as to Form:
CITY OF DELRAY BEACH, FLORIDA
By:
Jeff Perlman, Mayor
City Attorney
DANIEL H CARTER LA I
PAGE
74 N.E. 5d~. A~.
May.,20, 2003
82
RECEIVED
.~Ay 20'ZO03 '
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85/28/2883
To:.
18: 9 4872669918 DANIEL H CARTER LA I
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PAGE
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MAY 2 0,2003
81