Res 20-02RESOLUTION NO. 20-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
5-FOOT UTILITY EASEMENT WITHIN THE PLAT OF FAIRACRE
LOCATED EAST OF PERIWINKLE LANE, NORTH OF NW 11TM
STREET, AS MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for abandonment
of a 5-foot utility easement within the Plat of Fairacre located east of Periwinkle Lane, north of NW 11th
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 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 east 5-feet of Lot 6, Fairacre, according to the plat thereof as recorded
in Plat Book 24, Page 53 of the Public Records of Palm Beach County,
Florida, less the south 12-feet thereof.
Res. No 20-02
PASSED AND ADOPTED in regular session on this the 19th day of February, 2002.
MAYOR
City Clerk
Res. No 20-02
TO:
THRU:
FROM:
SUBJECT:
CITY COMMISSION DOCUMENTATION
DAVI~.~.~D N,~~.M AN AG E R
PAUL.0~RLINC-~,,-~R~OR OF PLANNING AND ZONING
NGU~,~~~ENIO~ANNER
MEET'lNG OF FEBRUARY 19, 2002 *CONSENT AGENDA*
ABANDONMENT OF A PORTION OF A 5-FOOT UTILITY
EASEMENT ALONG THE EAST SIDE OF LOT 6, PLAT OF FAIRACRE,
LOCATED WEST OF SWINTON AVENUE, NORTH OF N.W. 11TM
STREET.
BACKGROUND
The request involves abandoning the northern 63-foot portion of a 5-foot utility
easement located along the east side of lot 6, plat of Fairacre (PB 24, PG 53). The
southern 12' portion of the 5' utility easement will remain. The subject easement was
dedicated for public utilities with the recordation of the plat in May of 1953.
The abandonment request was submitted by Ronald Borick, the owner of Lot 6, plat of
Fairacre, who also owns Lot 7 located immediately to the east of the proposed
abandonment area. The applicant intends to create a larger lot by aggregating the
easement area with Lot 6 and combining it with a western portion of Lot 7.
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.
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 a portion of the 5' utility easement along the
east side of Lot 6, plat of Fairacre, based upon positive findings with respect to LDR
Section 2.4.6(P)(5)
Attachments:
· Abandonment Resolution
· Location Map
· Survey and Legal Description
S'~boards~=tycomr~ss~on\Lot6-Fa facre-e-^bamCCOoc doc
11TH
ST
Z
O
I-
Z
N E 12TH ST.
N E 11TH ST
N.E ST
*** ENLARGED VIEW ***
156.0'
/
\,
5' UTILITY ~
EASEMENT ~
LOT 6 I ~ CLot 7, Sub
AREA TO BE
ABANDONED
12' PORTION
TO REMAIN
of $ 1/2 of E 1/2 of Lot 8,7
LOT 5
N
C~TY OF DIrLRAY BEACH, FL
PLANNING ~ ZONING DEPARTMENT
-- D/Gl?AL ~AS£ 1dAP SYS~'EM --
- ABANDONMENT -
A PORTION OF A 5' UTILITY EASEMENT
LOCATED WITHIN LOT 6, PLAT OF FAIRACRE
.9NO.9
RESOLUTION NO. 20-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
5.FOOT UTILITY EASEMENT WITHIN THE PLAT OF FAIRACRE
LOCATED EAST OF PERIWINKLE LANE, NORTH OF NW 11TM
STREET, AS MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for abandonment
of a 5-foot utility easement within the Plat of Fairacre located east of Periwinkle Lane, north of NW 11th
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 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 west 5-feet of Lot 6, Fairacre, according to the plat thereof as recorded
in Plat Book 24, Page 53 of the Public Records of Palm Beach County,
Florida, less the south 12-feet thereof.
Res. No 20-02
PASSED AND ADOIYFED in regular session on this the 19th day of February, 2002.
ATTEST:
MAYOR
City Clerk
Res. No 20-02
FOUND 2' X
¢ONC
{NO NUI~ER)
FENCE ENOS
O~'E & 02'S
PA VEO
PER/WINKLE LANE
OF
+2064
115'
56'
STORY RESIDENCE
CONC P~ rtO
¢0~C
DRIVE
23 5'
2J 4"
75.00'
LOT 7
E.f/2 OF LOT 8, SECTION 8,
su8mv~s~o~ oF s ~/~ oF
TOWNSHIP 46 S, RANGE 43 E
(PLA T BOOK 16, PAGE 80)
NORTH SWINTON A VENUE
Ililllnlllilllllllllllllli
0~/26/2002 11:11:23 ~0020109~61
OR BN 13458 PG 1653
Palm Beach County, Floeida
RESOLUTION NO. 20432
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
5-FOOT UTILITY EASEMENT WITHIN THE PI.~T OF FAIRACRE
LOCATED EAST OF PERIWINKLE LANE, NORTH OF NW 11TM
STREET, AS MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for abandonment
of a 5-foot utility easement within the Plat of Fairacre located east of Periwinkle Lane, north of NW 11th
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 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 east 54eet of Lot 6, Fairacre, according to the plat thereof as recorded
in Plat Book 24, Page 53 of the Public Records of Palm Beach County,
Florida, less the south 124eet thereof.
Res. No 20-02
PASSED AND ADOPTED in regular session on this the 19th day of February, 2002.
MAYOR
City Clerk
Res. No 20-02
COt~
FENCE
O. 4' E. d~ 0.2'$.
~ _ __~o~ PERIWINKLE LANE
OF
+2064
..~
O~
235'
STORY
41~6'
CONC PA ~
TO ~E ABANOONE£
LOT 7
E.r/2 OF' LOT 8, SECTION 8,
TOWNSHIP 46 S., RANGE 43 E.
,,, (PLAT BOOK 16, PAGE 80,)
NORTH SWINTON A VENUE