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Res 05-02RESOLUTION NO. 5432 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 6' UTILITY EASEMENT WITHIN THE SABAL LAKES PHASE THREE DEVELOPMENT LOCATED EAST OF BARWICK ROAD NORTH OF CANAL L-31, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a 6' utility easement within the Sabal Lakes Phase Three development located east of Barwick Road north of Canal L-31; 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 Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(P)(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(P)(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 herein. 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 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, more particularly described as follows: The 6-foot utility easement located 20 feet from the rear property line, within Lots 92 throughl02, 104 through 109, 111 through 124, and Tract AE-1, of the plat of Sabal Lakes Phase Three, Plat Book 72, Page 180, of the Public Records of Palm Beach County, Florida. PASSED AND ADOPTED in regular session on this the 8~ day of January 8, 2002. ATTEST: City Clerk MAYOR Res. No. 5~02 TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION PAUL DORLING, DIRECTOI~F PLA~AND ~ON, lNG DAN MARFINO, PRINCIPAL~LANNER ~ ~~ MEETING OF JANUARY 8, 2002 *CONSENT AGBNDA* ABANDONMENT OF A 6-FOOT UTILITY EASEMENT WITHIN THE PLAT OF SABAL LAKES PHASE THREE, LOCATED EAST OF BARWICK ROAD AND NORTH OF THE L-31 CANAL. BACKGROUND The request involves abandoning a 6-foot utility easement located within Lots 92-102, 104-109, 111-124, and Tract AE~I, of the plat of Sabal Lakes Phase Three (Plat Book 72, Page 180). The easement is offset 20-feet from the rear lot line of all above referenced lots. The subject easement was dedicated with the recordation of the plat in June of 1994. The dedication language for this easement gives permission to any public or private utility, such as but not limited to, storm drainage, sanitary sewer, electric power, water service, gas service, and telephone lines. All major utility companies were notified, and indicated they did not have facilities located in the subject area. The original abandonment request was submitted by Sal Arena, the owner of Lot 98, in order to facilitate the construction of a swimming pool, and was restricted to the portion of the utility easement to the rear of his property. During the standard review by the Development Services Management Group (DSMG), it was suggested that the abandonment request be expanded to include the entire utility easement on multiple lots. Pursuant to LDR Section 2.4.6 (P) (5) the following finding must be made pdor the City Commission granting an abandonment: The abandonment will not result in the detriment for the provision of utility services to the adjacent properties or the general area. The City's Environmental Services Department (water & sewer service), and the Florida Public Utilities Company (gas service), Florida Power & Light, BellSouth, and Adelphia Cable have reviewed the request, and have no objection to the abandonment. RECOMMENDED ACTION By motion, approve the abandonment of the easement, based upon positive findings with respect to LDR Section 2.4.6(P)(5) Attachment: · Abandonment Resolution · Location Map S:~oards\citycornmission\SabalLakesE-Aban-CCDoc.doc TREE DRIVE BOULEVARD 14 18 BANYAN CREEK ELEMEN TAR Y SCHOOL SAWN 6 7 LEAF COURT ( ) SABAL LAURELWO0[ TRACT w 133 ROAD SOUTH CANAL N.W. gM SABAL SEA GRAPE TRACT W-1 SEA GRAPE CIRCLE L-51 CITY ~ DEl..RAY BEACH, FL PLANNING ~ ZONING DEPARTMENT -- DIGITAl. ~4~£ IZ4P S~TEM -- 6-FOOT UTILITY EASEMENT ABANDONMENT PLAT OF SABAL LAKES PHASE THREE I:ITY I:IF DELAfiY BEACH DELRAY BEACH [-AnNIdl~aCJty 100 N W. 1st AVENUE 01/17/~00~ 09:0~:53 200~00~9679 OR BK 13319 PG 0353 1993 Palm Beach County, Flo'rida 2001 CERTIFICATION I, BARBARA GARITO, 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. 5-02, which was passed and adopted by the City Commission of the City of Delray Beach, Florida, in regular session on the 8th day of January, 2002. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 9~h day of January, 2002. Barbara Garito, CMC City Clerk City of Delray Beach THE EFFORT ALWAYS MATTERS BOOK [33/9 PAGE 035~ RESOLUTION NO. 5-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 6' UTILITY EASEMENT WITHIN THE SABAL IAKES PHASE THREE DEVELOPMENT LOCATED EAST OF BARWICK ROAD NORTH OF CANAL D31, AS MORE PARTICULARLY DESCRIBED HEREIN. WTIEREAS, the City of Delray Beach, Florida, received an application for abandonment of a 6' utility easement within the Sabal Lakes Phase Three development located east of Barwick Road north of Canal I.-31; 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 Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(P)(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(P)(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 herein. 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 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, more particularly described as follows: The 6-foot utility easement located 20 feet from the rear property line, within Lots 92 throughl02, 104 through 109, 111 through 124, and Tract AE-1, of the plat of Sabal Lakes Phase Three, Plat Book 72, Page 180, of the Public Records of Palm Beach County, Florida. BOOK 13319 PAGE 0355 Dorothy H. Wxlken, Clerk PASSED AND ADOPTED in regular session on this the 8~ day of January 8, 2002. MAYOR ATTEST: City Clerk Res. No. 5432