Res 31-02RESOLUTION NO. 31-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DF.I.RAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF THE 60' CANAL RIGHT-OF-
WAY (ROW) LYING NORTH OF AND ADJACENT TO LOT 1,
LAKE EDEN SUBDMSION PLAT NO. 3, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT RESERVING
AND RETAINING TO THE CITY A UTILITY EASEMENT
OVER A PORTION OF THE AREA THEREOF, AS MORE
PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a portion of the 60' Canal Right-of-Way (ROW), 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)0)(e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public heating on February 25,
2002, 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 a portion the area; 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 a portion of the area thereof, as more partio_flarly
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 FOI J.OWS:
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 fight-of-way purposes only, more
particularly described as follows:
THAT PORTION OF THE 60' CANAL RIGHT OF WAY
LYING NORTH OF AND ADJACENT TO LOT 1, LAKE
Resolution No. 31-02
EDEN SUBDMSION PLAT NO. 3, ACCORDING TO THE
PLAT THEREOF AS PdgCORDED IN PLAT BOOK 29 AT
PAGE 219 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT
1; THENCE N.90°OO'OO"E., ALONG THE NORTH LINE OF
SAID LOT 1, A DISTANCE OF 100.0 FEET TO THE
NORTHEAST CORNER OF SAID LOT 1; THENCE
N.9°47'20"W., ALONG THE WEST RIGHT OF WAY LINE OF
SWINTON AVENUE, A DISTANCE OF 60.89 FEET; THENCE
S.90°00'00"W., A DISTANCE OF 60.83 FEET; THENCE
S.6°40'12"E., A DISTANCE OF 43.92 FEET; THENCE
S.48°11'11"W., A DISTANCE OF 15.62 FEET; THENCE
N.88°58'29"W., A DISTANCE OF 22.28 FEET TO A POINT ON
THE NORTHERLY EXTENSION OF THE WEST LINE OF
SAID LOT 1; THENCE S.0°00'00"W., ALONG SAID
NORTHERLY EXTENSION, A DISTANCE OF 6.36 FEET TO
THE POINT OF BEGINNING.
CONTAINING 4,033 SQUARE FEET MORE OR LESS.
Section 2. That the Dekay Beach City Commission hereby retains and reserves unto
itself a general utility easement over portions of the abandonment area, 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:
UTILITY EASEMENT NO. 1:
THAT PORTION OF THE 60' CANAL RIGHT OF WAY
LYING NORTH OF AND ADJACENT TO LOT 1, LAKE
EDEN SUBDIVISION PLAT NO. 3, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 29 AT
PAGE 219 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID
LOT 1; THENCE N.9°47'20"W., A DISTANCE OF 40.32 FEET
TO THE POINT OF BEGINNING AND THE CENTERLINE
OF A 12 FOOT EASEMENT; THENCE S.80~12'40"W., A
DISTANCE OF 61.63 FEET TO THE TERMINUS POINT OF
SAID EASEMENT.
2
Resolution No. 31-02
THE SIDE LINES OF SAID EASEMENT SHALL BE
EXTENDED OR SHORTENED TO MEET AT ANGLE
POINTS.
UTILITY EASEMENT NO. 2:
THAT PORTION OF THE 60' CANAL RIGHT OF WAY
LYING NORTH OF AND ADJACENT TO LOT 1, LAKE
EDEN SUBDIVISION PLAT NO. 3, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 29 AT
PAGE 219 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID
LOT 1; THENCE N.9°47'20"W., A DISTANCE OF 48.21 FEET
TO THE POINT OF BEGINNING AND THE CENTER_LINE
OF A 5 FOOT EASEMENT; THENCE S.80°12'40"W., A
DISTANCE OF 15.00 FEET TO THE TERMINUS POINT OF
SAID EASEMENT.
THE SIDE LINES OF SAID EASEMENT SH~IJ. BE
EXTENDED OR SHORTENED TO MEET AT ANGLE
POINTS.
,2002. [ ~ tA~,
MAYOR
City Clerk
Resolution No. 31-02
TO:
THRU:
FROM:
SUBJECT:
DAV~.~R[~_N, J~TY MANAGER
ABANDONMENT OF THE CANAL RIGHT-OF-WAY ADJACENT TO THE NORTH
SIDE OF LOT 1, LAKE EDEN SUBDIVISION, P~T NO. 3, ON THE WEST SIDE
OF SWINTON AVENUE AND APPROXIMATELY 100-FEET NORTH OF N.W. 25TM
COURT.
The request involves the abandonment of an irregularly shaped parcel of canal right-of-way, which
contains 4,033 square feet (0.092 acres). The parcel is located on the west side of Swinton Avenue,
adjacent to and south of the Delray Beach City limits. The subject area was dedicated as "canal"
right-of-way with the recordation of Lake Eden Subdivision, Plat No. 3 (Plat Book 29, Page 219), in
October of 1972.
Currently the subject ROW is unimproved. However a 36" metal drainage culvert, which
accommodates drainage from Swinton Avenue, bisects the area from east to west. In addition, FPL
identified facilities in the subject area. Replacement utility easements will be retained over both
facilities so that they continue to function as they do presently.
While researching this abandonment request, it was discovered that the subject canal was the sole
means of dedicated right-of-way to a submerged parcel of land, located in Lake Eden (unicorporated
Palm Beach County). Originally this was identified as a concern, however, the owner of the
submerged parcel has consented to the abandonment, provided they were granted an access
easement over a portion of the abandonment area. That easement is attached, and will be recorded
concurrently with the resolution, if approved.
The abandonment request was submitted by James & Betty DeMerrit the owners of said Lot 1
(adjacent to the south), Lake Eden Subdivision, Plat No. 3.
At its meeting of February 25, 2002, the Planning and Zoning Board considered the request at a
public hearing. Two people (one of whom owns the lot immediately to the north), spoke in favor of
the proposed abandonment. No one spoke in opposition. After reviewing the staff report, the Board
voted 5 to 0 to recommend approval (Pike abstaining, Sowards absent), subject to the following
conditions: 1.) The subject abandonment area is modified so that it excludes all areas currently
covered by water, provides for the requested utility easements, and a modified survey and legal
descriptions are provided, prior to proceeding to City Commission, and 2.) an access easement in
favor of BE Avionics, Inc., is executed prior to City Commission action, and concurrently recorded
with the abandonment resolution, if approved. These conditions have been satisfied.
RECOMMENDED ,ACTiON~
By motion, approve the abandonment of right-of-way based upon positive findings with respect to
LDR Section 2.4.6(0)(5).
Attachment:
· Abandonment Resolution
· P & Z Staff Report of February 25, 2002
S:~ P&Ztboards~citycommission~CanaI-Aban-CCDoc. doc
RESOLUTION NO. 31-02
A RESOLLrIION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF THE 60' CANAL RIGHT-OF-
WAY (ROW) LYING NORTH OF AND ADJACENT TO LOT 1,
LAKE EDEN SUBDIVISION PLAT NO. 3, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT RESERVING
AND RETAINING TO THE CITY A UTILITY EASEMENT
OVER A PORTION OF THE AREA THEREOF, AS MORE
PARTICULARLY DESCRIBED HEREIN.
abandonment
herein; and
WHEREAS, the City of Delray Beach, Florida, received an application for
of a portion of the 60' Canal Right-of-Way (ROW), as more particularly described
WHEREAS, said application for abandonment of a general public right-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 DelrayBeach; 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 February 25,
2002, 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 a portion the area; 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 k 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
resenres unto itself a utility easement over a portion of the 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, k is hereby determined by the Delray Beach City Commission to vacate and abandon all
right and interest k holds to the following real property for right-of-way purposes only, more
particularly described as follows:
THAT PORTION OF THE 60' CANAL RIGHT OF WAY
LYING NORTH OF AND ADJACENT TO LOT 1, LAKE
Resolution No. 31-02
EDEN SUBDIVISION PLAT NO. 3, ACODRDING TO THE
PLAT THEREOF AS REGORDED IN PLAT BOOK 29 AT
PAGE 219 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA DESCRIBED AS FOLLOWS:
BEGINNING AT TIlE NORTHWEST CORNER OF SAID LOT
1; THENCE N.90°00'00"E., ALONG THE NORTH LINE OF
SAID LOT 1, A DISTANCE OF 100.0 FEET TO THE
NORTHEAST CORNER OF SAID LOT 1; THENCE
N.9°47'20"W., ALONG THE WEST RIGHT OF WAY LINE OF
SWiNTON AVENUE, A DISTANCE OF 60.89 FEET; THENCE
S.90°00'00"W., A DISTANCE OF 60.83 FEET; THENCE
S.6°40'12"E., A DISTANCE OF 43.92 FEET; THENCE
S.48°11'11"W., A DISTANCE OF 15.62 FEET; THENCE
N.88°58'29"W., A DISTANCE OF 22.28 FEET TO A POINT ON
THE NORTHERLY EXTENSION OF THE WEST LINE OF
SAID LOT 1; THENCE S.0°00'00'W., ALONG SAID
NORTHERLY EXTENSION, A DISTANCE OF 6.36 FEET TO
THE POINT OF BEGINNING.
CONTAINING 4,033 SQUARE FEET MORE OR LESS.
Section 2. That the Delray Beach City Commission hereby retains and reserves unto
itself a general utility easement over portions of the abandonment area, 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 ut'dities whether
owned by the City or private corporatiom, more particularly described as follows:
UTILITY EASEMENT NO. 1:
THAT PORTION OF THE 60' CANAL RIGHT OF WAY
LYING NORTH OF AND ADJACENT TO LOT 1, LAKE
EDEN SUBDIVISION PLAT NO. 3, ACODRDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 29 AT
PAGE 219 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID
LOT 1; THENCE N.9°47'20"W., A DISTANCE OF 40.32 FEET
TO THE POINT OF BEGINNING AND THE CENTERLINE
OF A 12 FOOT EASEMENT; THENCE S.80°12'40'W., A
DISTANCE OF 61.63 FEET TO THE TERMINUS POINT OF
SAID EASEMENT.
2
Resolution No. 31-02
AT'FEST:
THE SIDE LINES OF SAID EASEMENT SHAIJ. BE
EXTENDED OR SHORTENED TO MEET AT ANGLE
POINTS.
UTILITY EASEMENT NO. 2:
THAT PORTION OF THE 60' CANAL RIGHT OF WAY
LYING NORTH OF AND ADJACENT TO LOT 1, LAKE
EDEN SUBDIVISION PLAT NO. 3, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 29 AT
PAGE 219 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID
LOT 1; THENCE N.9°47'20"W., A DISTANCE OF 48.21 FEET
TO THE POINT OF BEGINNING AND THE CENTERLINE
OF A 5 FOOT EASEMENT; THENCE S.80°12'40"W., A
DISTANCE OF 15.00 FEET TO THE TERMINUS POINT OF
SAID EASEMENT.
THE SIDE LINES OF SAID EASEMENT SHALL BE
EXTENDED OR SHORTENED TO MEET AT ANGLE
POINTS.
PASSED AND ADOPTED in regular session on this the
,2002.
MAYOR
day of
City Clerk
Resolution No. 31-02
PLANNING AND ZONING BOARD
'CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
February 25, 2002
IV. B.
Abandonment of a Portion of a 60 Foot Canal Right-of-Way Adjacent to Lot
1, Lake Eden Subdivision, Plat No. 3 (1 NW 25th Court).
GENERAL DATA:
Applicant ................................... James & Betty DeMerritt.
Location ...................................... Located on the west side of
Swinton Ave., approximately
100' north of Northwest 25~
Court.
Property Size .............................. 0.13 Acres
Future Land Use Map ................MD (Medium Density
5-12 Du/Acre)
Current Zoning ............................ City of Delray
Adjacent Zoning ................ North:
East:
South:
Beach (R-l-AA, Single
Family Residential)
City of Boynton
Beach (R-1AAB, Single
Family Residential)
City of Delray
Beach (R-l-AA, Single
Family Residential)
City of Delray
Beach (R-l-AA, Single
Family Residential)
West: City of Delray
Beach (R-l-AA, Single
Family Residential)
Existing Land Use ...................... Unimproved canal right-of-
way.
Proposed Land Use .................... Incorporation with adjacent
parcel.
Water Service ........................... N/A
Sewer Service ............................. N/A
,i VE ~.~
I
4'~ 7 0
-(, N.W. 25TH ST.
.W. ~4T C
~ N.W. 24TH S
IV.B.
EM',' 'BEFORE
The item before the Board is that of making a recommendation to the City
Commission on the proposed abandonment of the canal right-of-way adjacent to
the north side of Lot 1, Lake Eden Subdivision, Plat No. 3, on the west side of
Swinton Avenue and approximately 100-feet north of N.W. 25th Court.
This right-of-way abandonment is being processed pursuant to LDR Section
2.4.6(0), Abandonment of Rights-of-Way.
BACKGROUND
The subject portion of canal right-of-way is located directly adjacent to the west
line of Swinton Avenue, and adjacent to and south of the Delray Beach City
limits. The subject area was dedicated as "canal" right-of-way with the
recordation of Lake Eden Subdivision, Plat No. 3 (Plat Book 29, Page 219, of the
Public Records of Palm Beach County, Florida), in October of 1972.
Currently the subject ROW is unimproved. Approximately 70% of the area is dry
land, with the remainder being water. A chain-link fence extends into the north
end of the abandonment area, and a wooden dock is located in the SW corner.
In addition, a 36" metal drainage culvert, which accommodates drainage from
Swinton Avenue, bisects the area from east to west (see attached Survey "A').
ABANDONMenT ....
The portion of canal right-of-way to be abandoned measures 60 feet in width and
89.65 to 100 feet in length, containing 5,689 square feet (0.13 acres). The
subject parcel represents the entire portion of canal right-of-way, adjacent to Lot
1, Lake Eden Subdivision, Plat No. 3.
The abandonment request was submitted by James & Betty DeMerrit the owners
of said Lot 1, to the south.
Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned
(returned) to the adjacent property to the same degree in which it was originally
obtained, i.e. property dedicated exclusively from a single parcel shall be
returned to that parcel; property dedicated through subdivision shall be divided at
the center line and returned equally to abutting parcels.
Planning and Zoning Board Staff Report
Canal Right-of-way Abandonment
Page 2
Accordingly, as the entire abandonment area was dedicated from the plat of Lake
Eden Subdivision, Plat No. 3, the applicants being the fee-simple owners of said
Lot 1, are entitled to the totality of the area. Property directly to the north of the
abandonment area is part of the plat of Lake Eden Subdivision, Plat No. 4 (Plat
Book 30, Page 122). Given that the plat of Lake Eden Subdivision, Plat No. 4, is
not responsible for the dedication of any part of the abandonment area, the
parcel to the north is not entitled to any portion of the abandonment area thereof.
Utility Services
No municipal water or sewer lines are currently located in the proposed
abandonment area. The Environmental Services Department did request a 12-
foot utility easement be placed over the drainage culvert, to maintain proper
drainage for Swinton Avenue.
Florida Power & Light has identified facilities in the abandonment area, in the
form of an anchor support, for a utility pole locate in the adjacent Swinton Avenue
right-of-way (see attached Survey "A"). They are requesting a utility easement to
accommodate their equipment.
The City's Fire Department has reviewed the request and has no objection to the
abandonment. BellSouth, Adelphia Cable and the Florida Public Utilities
Company have also reviewed the requested abandonment, and have no
objections.
Other Nofications
Due to the unique nature and location of the proposed abandonment area,
several governmental and regional service providers were notified. Additional
notifications were sent to: Lake Worth Drainage District, South Florida Water
Management District, and Palm Beach County, all of whom reviewed the
requested abandonment, and have no objections.
The City of Boynton Beach was also notified and initially had concerns as to the
division of property. They were under the assumption that the lot to the north
(which is within the City of Boynton Beach) was entitled to half the abandonment
area. After a review of the Florida State Statutes with respect to the division of
abandoned right-of-way, they were are longer concerned.
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
Canal Right-of-way Abandonment
Page 3
A) That there is not, nor will there be a need for the use of the right-of-way
for any public purpose.
Currently, the right-of-way is unimproved, and approximately 30% is
submerged and is a part of a canal which feeds into Lake Eden. The City has
no plans to utilize this right-of-way beyond the existing drainage culvert, which
will be accommodated by a 12-foot drainage easement.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
Currently no lots use the abandonment area for primary access.
I:~=Please see Reference Map "A' and attached Aerial Photograph, for the
following section,
However, there is a 2.04 acre parcel of submerged land (PCN 00-43-46-05-
00-000-5150) located at the western terminus of the canal, approximately
225-feet to the west of the abandonment area. For the purposes of this
report, this parcel is referred to as "Parcel 515". The submerged parcel is
located in unincorporated Palm Beach County, and has a County zoning of
RS (Single Family Residential) and a County Future Land Use Map
designation of LR-2 (Low Residential 2). The LR-2 designation permits 1.5
units to the acre for parcels up to 30 acres in size, giving the submerged
parcel development rights for three (3) single family units. Taking into
consideration the financial constraints that would be involved in developing
this parcel, it is unlikely that it would come to fruition.
Given that the only means of access to Parcel 515 through a publicly
dedicated right-of-way, would be the canal right-of-way in question, it would
be irresponsible to abandon the subject abandonment area without the
consent of the owner Parcel 515. The owner of Parcel 515, BE Avionics
Incorporated (located in Boynton Beach), has been contacted by the
applicant and consented to the abandonment request, provided and access
easement, in their favor, is recorded over a portion of the abandonment area.
The proposed easement (signed by all parties), is attached. The easement
will be recorded in Palm Beach County Records concurrent with the
abandonment resolution, if approved by City Commission.
C) That the abandonment will not result in detriment to the provision of
access and/or utility services to adjacent properties or the general area.
Florida Power& Light has identified facilities in the abandonment area, and
are requesting a 12-foot utility easement to accommodate said facilities.
Utility service to adjacent properties and the surrounding area will not be
impacted as a result of the abandonment.
Planning and Zoning Board Staff Report
Canal Right-of-way Abandonment
Page 4
Secondary access from Lot 62, Lake Eden Subdivision, Plat No. 4, would be
impaired (see attached Survey "B'). Lot 62 has a boat-dock, located just to
the north of the proposed abandonment area, and the property owner would
be forced to cross over property lines in order to perform basic boat
maneuvering to and from their dock. In order to alleviate this situation, staff
recommends that the abandonment area be modified exclude all areas
currently covered by water.
The development proposal is not within a geographical area requiring review by
the CRA (Community Redevelopment Agency), the HPB (Historic Preservation
Board), or the DDA (Downtown Development Authority).
Courtesy Notices:
Courtesy notices have been provided to the following:
PROD - Progressive Residents of Delray
President's Council
Lake Ida Homeowners Association
Seacrest Homeowners Association
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of
the subject property. Letters of objection or support, if any, will be provided at
the Planning and Zoning Board meeting.
As the subject right-of-way is unimproved and there are no plans for its
improvement, and as all current utilities will be accommodated through utility
easements, the intended public use of the subject area is limited. The purpose of
the abandonment is to incorporate the abandonment area with the adjacent
property to the south, which will alleviate the City of any further maintenance
responsibilities. A modified survey, which excludes all portions of the area
currently covered by water, as well as depicting the necessary utility easements,
and a executed access easement in favor of BE Avionics, Inc, must be provided
prior to proceeding to City Commission for final action.
Planning and Zoning Board Staff Report
Canal Right-of-way Abandonment
Page 5
.~TERNATIVE
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).
3. Recommend to the City Commission approval of the abandonment subject
to positive findings with respect to LDR Section 2.4.6(0)(5), subject to the
following conditions:
1) The subject abandonment area is modified so that it excludes all
areas currently covered by water, and provides for the requested
utility easements, and a modified survey and legal description to this
effect, is provided prior to proceeding to City Commission.
2) Access easement in favor of BE Avionics, Inc., is executed prior to
City Commission action, and concurrently recorded with the
abandonment resolution, if approved.
4. 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).
r~IMENDED
By motion, recommend to the City Commission approval of the abandonment
subject to positive findings with respect to LDR Section 2.4.6(0)(5), subject to the
following conditions:
1) The subject abandonment area is modified so that it excludes all areas
currently covered by water, and provides for the requested utility
easements, and a modified survey and legal descriptions to this effect,
are provided prior to proceeding to City Commission.
2) Access easement in favor of BE Avionics, Inc., is executed prior to City
Commission action, and concurrently recorded with the abandonment
resolution, if approved.
Attachments:
· Reference Map "A"
· Aerial Photograph
· Reduced Survey "A"
· Reduced Survey "B"
· Access Easement
File: S:~Planning&Zoning~P&Z~Canal ROW Abandonment doc
~ III
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CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
- ABANDONMENT -
PORTION OF 60' CANAL RIGHT-OF-WAY
-- OI~'ITAL B4SE M,4P SYSTEM -- MAP REF LM501
N
C~TY OF DE:LRAY ~E~ACH,
PLANNING & ZONING OEPARI~ENT
- ABANDONMENT -
PORTION OF 60' CANAL RIGHT-OF-WAY
~ ,0009
--2
§1
Tins Instrument P~epmed By
Robert E. Murdoch, Esqmre
Johnson,Anselmo,Murdoch, Burke& George. P.A
790 East Broward Boulevmd, Suste 400
Fort Lauderdale, Florida 33301
Ingress and Egress Easement
This Agreement, made this ~U~day of~)~ 2001, by and between James
H. DeMerritt and BetD' J. DeMerritt, his wife, whose address is 1 Northwest 25"' Court.
Delray Beach, Florida 33444-4321 ("Grantor"); BE Aerospace, Inc., a Delaware
corporation, whose address is 1400 Corporate Center Way, Wellington, Florida 33414
("Grantee").
Witnesseth:
For Ten Dollars ($10.00) m hand paid by Grantee to Grantor and other good and
valuable consideration~ including the temps and conditions hereinafter set forth, the receipt of
which consideration is hereby acknowledged, the Grantor hereby grants to the Grantee, its
successors and assigns, thc following irrevocable and exclusive ingress and egress easement:
An exclusive easement for pedestrian and vehicular indirect access to Grantee's
property described in Exhibit "A' attached to this Agreement (the "Benefitted Parcel")
over and across the easement area (which area is contiguous to a public canal right-of-
way reserved by the Lake Eden Subdivision Plat No. 3 which runs to the Benefitted
Parcel [the "Canal"]) between Swinton Avenue and the Canal, such easement rights
being on and over that certain parcel of land, described on Exhibit "B" attached to this
Agreement (the "Access Parcel"); and
B5 ..... '~' ~' ~ ..... c Grantee acknowl.dges that the"" '
acc.~,.~nc ...... ,at, to.owntg are conditions o£und
consideration for the granting and continuation of this Easement:
(a) Grantor shall not have any duty, responsibility or obligation with respect to the
improvement, maintenance, condition or suitability of the Access Parcel;
(b) Grantor shall be responsible for the payment of all ad valorem taxes assessed
against the Access Area;
(c) Grantee may use and occupy the Access Parcel only as permitted herein and for
no other purposes and shall not otherwise interfere with Grantor's use and occupation of the
Access Parcel, provided such use and occupancy does not interfere with the access rights
granted to fl~e Grantee hereunder;
(d) Grantor may plant grass in the Access Area and hedges around the perimeter of
the Access Area, it being understood, however, that if Grantee requires use of the Access Area
1br ingress and egress from Swinton Avenue to the Canal, Grantee will not be responsible for
any damage caused to such plantings within the Access Area;
(e) The Grantee agrees to indenmify and hold the Grantor hamaless from and against
any and all claims by third parties which may arise by virtue of Grantee's use of the Access
Area;
(f) The Grantee will provide the Grantor twenty (20) days advance written notice
of its need to use the Access Area for the purposes permitted herein;
(g) The Grantee agrees that if it is permitted to fill and develop the Benefitted
Parcel, the filling and development thereof will not block the Grantor's access from their
property lo Lake Eden via the existing Canal and an assumed westward extension of the Canal
right-of-way, sixty (60') feet in width, into Lake Eden as the Benefitted Parcel will not be filled
or developed west of the current western boundary of the canal.
This Agreement shall be binding on the heirs, successors and assigns of the Grantor and
Grantee and shall be deemed an easement running with the lands described in Exhibit "A" and
Exhibit "B".
In Witness WhereoL the Grantor, Lessee and Grantee have executed this Utility
Easement the date and year written above.
Witnesses:
Print Name'
Print Name:
Print Name:
Bet~/~. DeMerritt
Grantee:
BE Aerospace, Inc.
Prin~t ~Name: ~"~. ~i 1~ 14
STATE OF FLORIDA )
COUNTY OF ~ )
The foregoing instrument was acknowledged before me this Z'/g'day of ~
2001, by James H. DeMerritt and Betty J. DeMerritt, his wife. ~l'hey are personally know)
to me or have produced as identification. ~,..
My Commission Expires: ~1~ ~~
My Cormnission Number ~s: Print Name:
Notary Public, State of Florida (Seal)
STATE OF FLQRIDA , . )
COUNTY OF
The.foregoing it~ str~¢en_t ~vas acknowle.dgcd before .me this _~;:tay of~
2001, by ~ to. ~-~.~?'~/~s !Jd2/~ ~~ BE Aerospace, ln~,
a Delaware0~porfltion, on bchal~dof the corporation. He/~h~ is personally known to me ~r
My Colmnission Expires: ql:Z~/zo ~ :3
My Conm~ission Number is:~&
Nota~ Public. State o~ Florid~ (Seal)
1-1 ~LIBRARY\REM\DeMerrttI\I,g~ess ami Egress Easeme,t wpd
Exhibit "A"
The Benefitted Parcel
Parcel #515 (PCN 00-43-46-05-00-000-5150) also described as the
South 160 feet of the North ¥2 of the Northwest 1/4 of the Northeast 1/4
of the Southeast 1/4, less the right of way for the E-4 canal, lying in
Section 5. Township 46 South, Range 43 East, Pahn Beach County,
Florida.
4
Exhibit "B"
The Access Parcel
The North 10 feet of that portion of the 60 foot canal right of way lying
North of and adjacent to Lot 1, Lake Eden Subdivision Plat No. 3,
according to the Plat thereof, as recorded in Plat Book 29, at Page 219,
of the Public Records of Palm Beach County, Florida.
5
IIII
Palm Bmach Count:y~ Florida
RESOLUTION NO. 31-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DRI.RAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF THE 60' CANAL RIGHT-OF-
WAY (ROW) LYING NORTH OF AND ADJACENT TO LOT 1,
LAKE EDEN SUBDIVISION PLAT NO. 3, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT RESERVING
AND RETAINING TO THE CITY A UTILITY EASEMENT
OVER A PORTION OF THE ARE~ THEREOF, AS MORE
PARTICULaKR.LY DESCRIBED HERE!N.
abandonment
herein; and
WHEREAS, the City of Delray Beach, Florida, received an application for
of a portion of the 60' Canal Right-of-Way (ROW), as more particularly described
WHEREAS, said application for abandonment of a general public right-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 heating on February 25,
2002, 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 a portion the area; and
WHEREAS, the City Commission of the City of Dekay 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 I.DR Section 2.4.6(O)(5), but does not abandon and retains and
reserves unto itself a utility easement over a portion of the 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, wh:es, 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, more
partio~hrly described as follows:
THAT PORTION OF THE 60' CANAL RIGHT OF WAY
LYING NORTH OF AND ADJACENT TO LOT 1, LAKE
Resolution No. 31-02
EDEN SUBDMSION PLAT NO. 3, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 29 AT
PAGE 219 OF THE PUBLIC RECORDS OF PALM BEACH
COUN'I~, FLORIDA DESCRIBED AS FOIJ-OWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT
1; THENCE N.90°00'00"E., ALONG THE NORTH LINE OF
SAID LOT 1, A DISTANCE OF 100.0 FEET TO THE
NORTHEAST CORNER OF SAID LOT 1; THENCE
N.9'47'20"W., ALONG THE WEST RIGHT OF WAY LINE OF
SWINTON AVENUE, A DISTANCE OF 60.89 FEET; THENCE
S.90°00'00"W., A DISTANCE OF 60.83 FEET; THENCE
S.6'40'12"E., A DISTANCE OF 43.92 FEET; THENCE
S.48'11'11"W., A DISTANCE OF 15.62 FEET; THENCE
N.88'58'29"W., A DISTANCE OF 22.28 FEET TO A POINT ON
THE NORTHERLY EXTENSION OF THE WEST LINE OF
SAID LOT 1; THENCE S.0'00'00"W., ALONG SAID
NORTHERLY EXTENSION, A DISTANCE OF 6.36 FEET TO
THE POINT OF BEGINNING.
CONTAINING 4,033 SQUAR~ FEET MORE OR LESS.
Section 2. That the Delray Beach City Commission hereby retains and reserves unto
itself a general utility easement over portions of the abandonment area, 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 parficubrly described as follows:
UTILITY EASEMENT NO. 1:
THAT PORTION OF THE 60' CANAL RIGHT OF WAY
LYING NORTH OF AND ADJACENT TO LOT 1, LAKE
EDEN SUBDMSION PLAT NO. 3, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 29 AT
PAGE 219 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID
LOT 1; THENCE N.9'47'20"W., A DISTANCE OF 40.32 FEET
TO THE POINT OF BEGINNING AND THE CENTERLINE
OF A 12 FOOT EASEMENT; THENCE S.80'12'40"W., A
DISTANCE OF 61.63 FEET TO THE TERMINUS POINT OF
SAID EASEMENT.
2
Resolution No. 31-02
THE SIDE LINES OF SAID EASEMENT SI-LAIJ. BE
EXTENDED OR SHORTENED TO MEET AT
POINTS.
UTILITY ~as~SEMENT NO. 2:
THAT PORTION OF THE 60' CANAL RIGHT OF WAY
LYING NORTH OF AND ADJACENT TO LOT 1, LAKE
EDEN SUBDMSION PLAT NO. 3, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 29 AT
PAGE 219 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID '
LOT 1; THENCE N.9°47'20"W., A DISTANCE OF 48.21 FEET
TO THE POINT OF BEGINNING AND THE CENTERLINE
OF A 5 FOOT EASEMENT; THENCE S.80'12'40"W., A
DISTANCE OF 15.00 FEET TO THE TERMINUS POINT OF
SAID EASEMENT.
THE SIDE LINES OF SAID EASEMENT SI-I_AT.I. BE
EXTENDED OR SHORTENED TO MEET AT ANGLE
POINTS.
MAYOR
City Clerk
Resolution No. 31-02
BOOK ]36~7 P~EE 1589
Dorothy H. Hilken, Clerk
[lTV OF DELRR¥ BERI:H
DELRAY BEACH
1993
2001
CITY CLERK
100 N.W. 1st AVENUE
CERTIFICATION
DELRAY BEACH, FLORIDA 33444
561/243-7000
I, BARBARA GARITO, City Clerk of the City of Delray Beach, do
hereby certify that the attached document is a true and correct copy of
Resolution No. 31-02, as the same was passed and adopted by the Delray
Beach City Commission in regular session on the 2"d of April, 2002.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 8th day of April,
2002.
Barbara Garito
City Clerk
City of Delray Beach, Florida
Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS