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
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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