Res 56-02RESOLUTION NO. 56-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DEI.RAY BEACH, FLORIDA, VACATING AND
ABANDONING A 24' ACCESS EASEMENT LOCATED
ADJACENT TO NORTHBOUND FEDERAL HIGHWAY ON
THE EAST SIDE AND JUST SOUTH OF KNOWLES PARK, AS
MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a 24' access easement for public recreation purposes located adjacent to
northbound Federal Highway on the east side and just south of Knowles Park; 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 DFJ.RAY 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 particul_~rly described as follows:
A 24 foot wide access easement, to be used for recreational purposes,
said easement being described as the north 24 feet of the plat "The
Comiche Replat", as recorded in Plat Book 76, Page 97, of the Public
Records of Palm Beach County, Florida. Said lands containing 547
square feet (0.125 acres) more or less and being subject to easements
and rights of way of record.
PASSED AND ADOPTED in regmlar session on this the ~ at'day of july, 2002.
MAYOR
ATTEST:
City Clerk
2 RES. NO. 56-02
CITY COMMISSION DOCUMENTATION
TO:
THRU:
FROM:
SUBJECT:
DAVID T,~..~E~_~ MANAGER
PAUL EIOR~.,I/NG, DIR_~T~PLANNING AND ZONING
MEETING OF JULY 2, 2002 *CONSENT AGENDA*
ABANDONMENT OF A 24' PUBLIC ACCESS EASEMENT WITHIN THE
CORNICHE REPLAT (PB 76, PG 97), LOCATED ON THE EAST SIDE OF
FEDERAL HIGHWAY, APPROXIMATELY 800' SOUTH OF S.E. l0TM
STREET.
BACKGROUND
In April of 1986, a triangular shaped parcel of land located on the east side of Federal Highway,
approximately 800' north of S.E. 10th Street, was platted and titled "The Corniche" (PB 53, PG 28).
An 18-foot wide access easement was located 42-feet south of the north line of this plat. This
access easement was needed for ingress/egress to the FIND parcel to the east of this plat.
In December of 1995, the same triangular shaped parcel of land was replatted by "The Corniche
Replat" (PB 76, PG 97). The 18-foot wide access easement was rededicated as a 24-foot wide
public access easement and relocated to the north 24' of the plat. This newly created 24-foot public
access easement was dedicated to the City of Delray Beach for access and recreational purposes.
In March of 1997, the same triangular shaped parcel of land was replatted again by "The Corniche
Replat 1" (PB 79, PG 50). The 24-foot public access easement was replaced with the dedication of
Tract "A" and relocated on the south 24' of the plat. Tract "A" is dedicated to the City of Delray
Beach for public access and recreational purposes to Lot 27, Block 2 of the Model Land Co.
Subdivision (a.k.a. the FIND Parcel).
The City Attorney's Office is of the opinion that any easement created by plat can be abandoned by
a replat. According to this interpretation, the City does not acknowledge the existence of the 24'
public access easement found on the second replat (The Corniche Replat).
The abandonment request was submitted by J. Daniel Brede, P.A. on behalf of the owner, Project
Strategies Corporation. Mr. Brede, the attorney for Project Strategies Corporation, does not agree
with the interpretation made by the City Attorney's Office and therefore is requesting the
abandonment of the subject parcel through special instrument (City Resolution).
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), 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 24' public access easement located within The Corniche
Replat (PB 76, PG 97), based upon positive findings with respect to LDR Section 2.4.6(P)(5).
Attachments:
Abandonment Resolution
· Location Map
· Survey and Legal Descnpbon
$ '~3ards~otycomn~ss~on\Corn~che-e-Aband doc
RESOLUTION NO. 5602
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A 24' ACCESS EASEMENT LOCATED
ADJACENT TO NORTHBOUND FEDERAL HIGHWAY ON
THE EAST SIDE AND JUST SOUTH OF KNOWLES PARK, AS
MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a 24' access easement for public recreation purposes located adjacent to
northbound Federal Highway on the east side and just south of Knowles Park; 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:
A 24 foot wide access easement, to be used for recreational
purposes, said easement being described as the north 24 feet of the
plat "The Corniche Replat", as recorded in Plat Book 76, Page 97,
of the Public Records of Palm Beach County, Florida. Said lands
containing 547 square feet (0.125 acres) more or less and being
subject to easements and rights of way of record.
PASSED AND ADOPTED in regular session on this the __ day of July, 2002.
ATTEST:
MAYOR
City Clerk
Res. No. 56-02
II
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EXECU TI VE
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ON PREVIOUS PLAT
(THE CORNIC~HE REPLAT, PB 76 PG 97}
HARBOURS EDGE
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CITY OF DELRAY BEACH, FL
PLANNING & ZONING OEPAR'i'MENT
ABANDONMENT OF A 24' PUBLIC ACCESS EASEMENT
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