Res 16-02RESOLUTION NO. 16-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A UTILITY EASEMENT LOCATED WITHIN
THE PLAT OF BLOCK 112, DELRAY HEIGHTS AS
RECORDED IN PLAT BOOK 1, PAGE 130 OF THE PUBLIC
RECORDS OF PAI.M BEACH COUNTY, FLORIDA, AS MORE
PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a utility easement located within the Plat of Block 112, Delray Heights, as more
particularly described herein; said property being located between SE 3ra Street and SE 4' Street;
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 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:
That certain 16 foot wide utility easement, described by Resolution
No. 17-77, in official records book 2646, page 1791 of the public
records of Palm Beach County, Florida, lying across the 16 foot wide
Res. No. 16-02
platted alley, now abandoned, lying adlacent to lots 1 to 24, block
112, Delray Heights, a resubdivision of block 112 of the Town of
Linton, now City of Delray Beach, Florida, as per the plat thereof on
file in the office of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, recorded in plat book 1, page 130, of the
public records of Palm Beach County, Florida.
Containing approximately 9,970 square feet, more or less.
PASSED AND ADOPTED in regular session on this the 5~ day of February, 2002.
MAYOR
City Clerk
2 Res. No. 16-02
TO:
THRU:
FROM:
SUBJECT:
CITY COMMISSION DOCUMENTATION
ABANDONMENT OF A 16-FOOT GENERAL UTILITY EASEMENT LYING
WITHIN BLOCK 112- DELRAY HEIGHTS PLAT, LOCATED BETWEEN S.E.
3RD AND S.E. 4TM STREETS.
BACKGROUND
The request involves abandoning a 16-foot wide utility easement, approximately 620 feet in
length, running north-south in the middle of Block 112, Delray Heights (Plat Book 1, Page
130). The subject easement was created by City Resolution 17-77, in February of 1977, in
conjunction with the abandonment of the underlying alleyway.
The abandonment request was submitted by Ironwood Properties, who currently own all lots
located in Block 112. The applicant plans to incorporate this area into the proposed
development of Mallory Square, an 84-unit townhouse project. This project received site
plan approval at the Site Plan Review and Appearance Board (SPRAB) meeting of December
12, 2001, and is concurrently seeking plat approval with this abandonment request.
Pursuant to LDR Section 2.4.6 (P) (5) the following finding must be made prior 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.
Numerous public and private utilities have facilities located in the subject area. In order to
accommodate these facilities, the applicant has created several replacement easements with
the associated plat of Mallory Square. The applicant will bear the cost of relocating any
existing facilities to the new easement area(s). All utility companies, which had facilities in
the current easement area, have reviewed and accepted the new easements as described on
the proposed plat. As stated previously, the plat of Mallory Square is being processed
concurrently with this abandonment request, and is before City Commission for final action,
on this agenda.
RECOMMENDED ACTION
By motion, approve the abandonment of the easement, based upon positive findings with
respect to LDR Section 2.4.6(P)(4).
Attachment:
· Abandonment Resolution
· Survey & Legal Description
· Location Map
S:V~3ards\citycommission\Mallory Sq E-Aban-CCDoc.doc
RESOLUTION NO. 16-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A UTILITY EASEMENT LOCATED WITHIN
THE PLAT OF BLOCK 112, DELRAY HEIGHTS AS
RECORDED IN PLAT BOOK 1, PAGE 130 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE
PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of De[ray Beach, Florida, received an application for
abandonment of a utility easement located wxthm the Plat of Block 112, Delray Hexghts, as more
particularly described herein; smd property being located between SE 3rd Street and SE 4e~ Street;
and
WHEREAS, the apphcation for abandonment of said easement was processed
pursuant to Section 2.4.6(P), "Abandonment of Pubhc 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 De[ray Beach, Florida, pursuant to
LDR Sectxon 2.4.6(P)(5), finds that the abandonment will not result m detriment for the promsion of
utility services to adjacent properties or the general area, that ~ts interest m the described property is
no longer needed for the public good and deems ~t to be in the best interest of the City of Delray
Beach to vacate and abandon sa~d 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:
That certain 16 foot wide utility easement, described by Resolution
No. 17-77, in officxal records book 2646, page 1791 of the public
records of Palm Beach County, Florida, lying across the 16 foot xmde
Res. No. 16-02
platted alley, now abandoned, lying adjacent to lots 1 to 24, block
112, Delray Heights, a resubchvision of block 112 of the Town of
Lmton, now City of Dekay Beach, Florida, as per the plat thereof on
file m the office of the Clerk of the Circmt Court in and for Palm
Beach County, Florida, recorded in plat book 1, page 130, of the
public records of Palm Beach County, Florida.
Containing approximately 9,970 square feet, more or less.
PASSED AND ADOPTED in regular session on this the 5m day of February, 2002.
ATTEST:
MAYOR
City Clerk
2 Res. No. 16-02
s.e.
s,e,
5RD
4TH
STREET
N'N,,- I
STREET
CITY OF DELRAY BEACH, F'L
PLANNING ,t- ZONING DEPARTMENT
EASEMENT ABANDONMENT
BLOCK 112, DELRAY HEIGHTS
I ~ ~ ''~ ~ :
2',t'': ~E _ - ;{l. ~~~F~ ;t .,,~,*.,,*,.,
~ t i : ~ll '
i ~ - .- _ :
_
~:~l ] 'i~ _ afl
I'~
~ ,,,, %, % %
% ' ] ,, ,' - ,* .....
I , l, .% .... ~,. % l~ll~, g ,~1,~ '. f=[I~,1
, :, ,, [
~ ~', ~' ' ~ · · ~
I:ITY OF EIELAlaY BElaI:H
DELRAY BEACH
CITY CLERK ,00 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000
1993 OR BK 1341& PG ~7~
Palm Beach County, Flo'rida
2001
CERTIFICATION
I, ANGELA WONG, Deputy City Clerk of the City of Delray Beach, do
hereby certify that the attached document is a true and correct copy of
Resolution No. 16-02, as the same was passed and adopted by the Delray
Beach City Commission in regular session on the 5~h day of February, 2002.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 11th day of
February, 2002.
Angela Wong
Deputy City Clerk
City of Delray Beach, Florida
(SEAL)
Pr~nted on Recycled Paper
THE EFFORT ALWAYS MATTERS
RESOLUTION NO. 16-02
A RESOLUTION OF THE CITY COMMISSION OF THE CFrY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A UTILITY EASEMENT LOCATED WITHIN
THE PLAT OF BLOCK 112, DRI.RAY HEIGHTS AS
RECORDED IN PLAT BOOK 1, PAGE 130 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE
PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a utility easement located within the Plat of Block 112, Delray Heights, as more
particularly described herein; said property being located between SE 3m Street and SE 4* Street;
and
WHERe&S, 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 abandonmen~ be approved, based upon
positive findings; and
WHEREAS, the City Commission of the City of Delmy 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 FOLIOWS:
Section L That the foregoing recitals are hereby incorporated herein by this
reference.
Section 2. That pursuant to Section 177.10l(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:
That certain 16 foot wide utility easement, described by Resolution
No. 17-77, in official records book 2646, page 1791 of the public
records of Palm Beach County, Florida, lying across the 16 foot wide
Res. No. 16-02
13414 PJ:i6E {7~
platted alley, now abandoned, lying adjacent to lots 1 to 24, block
112, De[ray Heights, a resubdivision of block 112 of the Town of
Linton, now City of Delray Beach, Florkla, as pe~ the plat thereof on
file in the office of the Clerk of the Circuit Court m and for Palm
Beach County, Florida, recorded in plat book 1, page 130, of the
public records of Palm Beach County, Florida.
Containing approximately 9,970 square feet, more or less.
PASSED AND ADOPTED in regular session on this the 5~ day of February, 2002.
MAYOR
City Clerk
2 Res. No. 16~02
BOOK 13~1~ P~GE
I
S,E,
s,eo
3RD
4TH
STREET
STREET
C~TY OF D£LI~AY BEACH, FL
PLANNING & ZONING OEPARTMENT
EASEMENT ABANDONMENT
BLOCK 112, DELRAY HEIGHTS
~tJilJ=
ll':~.!
I° I
[llIlI
Jll~!
J,J
qi, I;I
P:iw|~!
I
jqlll ~
i
BOOK 13~14 PI~E e7e4
Dorothy H. Hilken, Clerk
% ,.
I
BOUNDARYSURV~AND TOI~OGRAPHIC
~//-I" II
~ IRONWOOD PROPERTIES