Res 58-02RESOLUTION NO. 58-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING TRACT "A", OF THE PLAT OF LAVER'S
NORTH, LOCATED ON THE EAST SIDE OF S.W. 10TM
AVENUE, APPROXIMATELY 240-FEET SOUTH OF LINTON
BOULEVARD, AS MORE PARTICULARLY DESCRIBED
HEREIN, BUT RESERVING AND RETAINING TO THE CITY
A GENERAL 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 Tract "A", Plat of Layer's North, as more particularly described by Exhibit "A";
and
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 hearing on December 17,
2001, and voted 6 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 of the area as described in Exhibit "B"; 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 Tract "A", based upon positive
findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and reserves unto
itself a general utility easement over a portion of the area thereof, as more particularly described
herein (Exhibit "B"), 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, it is hereby determined by the Delray Beach City Commission to vacate and abandon all
fight and interest it holds to the following real property as described in Exhibit "A", but does not
Resolution No. 58-02
abandon and retains and reserves unto itself a general utility easement over a portion of the area, as
described in Exhibit "B", 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:
PASSED AND ADOPTED in regmlur session on this the J day o~~
2002.
MAYOR
City Clerk
2 RES. NO. 58-02
EXHIBIT - A
TRACT "A", LAVER'S NORTH, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 43 AT PAGES 92, 93 AND 94, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
EXHIBIT - B
GENERAL UTILITY EASEMENT AREA:
A PORTION OF TRACT "A", LAVER'S NORTH, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 43 AT PAGES 92, 93 AND
94, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
BEING MORE PARTICULARLY AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT "A", SAID
POINT LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF S.W. 10TM
AVENUE; THENCE N 89d 27' 25" E ALONG THE SOUTH LINE OF SAID
TRACT "A" FOR 148.00 FEET TO THE POINT OF BEGINNING FOR THE
HEREINAFTER DESCRIBED GENERAL UTILITY EASEMENT; THENCE
CONTINUE N 89d 27' 25" E FOR 2.00 FEET TO THE SOUTHEAST
CORNER OF SAID TRACT "A" BEING A POINT ON A CIRCULAR CURVE,
CONCAVE TO THE WEST AND WHOSE RADIUS POINT BEARS N 70d 48'
27" W; THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY
LINE OF SAID TRACT "A" BEING A 480.00 FOOT RADIUS CURVE,
LEADING TO THE LEFT, THROUGH A CENTRAL ANGLE OF 03d 52' 37"
FOR AN ARC DISTANCE OF 32.48 FEET; THENCE DEPARTING SAID
EASTERLY BOUNDARY LINE S 89d 27' 25" W, ALONG A LINE PARALLF. I.
WITH SAID SOUTH LINE OF TRACT "A" FOR 10.00 FEET; THENCE S 10d
16' 36" W FOR 12.00 FEET; THENCE S 01d 31' 23" E FOR 19.14 FEET TO
THE POINT OF BEGINNING.
3 RES. NO. 58-02
I
TO:
THRU:
FROM:
SUBJECT:
..... Cil'Y COMMISSION DOCUMENTATi'ON
DAVI[i~_~ ~RA D C .MANAGER
PAUL DORLING, OF PLANN~?~G AND ZO~I!NG
MEETING OF JULY 2, 2002 CONSENT AGENDA
ABANDONMENT OF TRACT "A", OF THE PLAT OF LAVER'S NORTH,
LOCATED ON THE EAST SIDE OF S.W. 10TM AVENUE, APPROXIMATELY 240-
FEET SOUTH OF LINTON BOULEVARD.
"BACKGROUND
The subject parcel is located in the northwest corner of the plat of Laver's North (Plat Book 43,
Page 92, of the Public Records of Palm Beach County, Florida), and is adjacent to S.W. 10th
Avenue (to the west), and Laver's International Plaza (to the north) Tract "A" was dedicated w~th
the recordation of the plat of Laver's North, to the City of Delray Beach for the purposes of a
mumcipal water supply tank and related facilities, ~n October of 1981. Tract "A" ~s an irregularly
shaped parcel containing 21,678 square feet (0.498 acres), and ~s currently ummproved.
The Environmental Services Department (ESD) has identified underground facilities in the
southeast corner of the subject abandonment area In order to accommodate these facilities, a
general uhlity easement will be retained over a small port~on Tract "A"
As Tract "A" was not dedicated as public right-of-way, this abandonment is being processed under
the City's home rule powers ~n a manner analogous pursuant to LDR Section 2.4.6(0),
Abandonment of R~ghts-of-Way. The C~ty, pursuant to Florida Statutes Chapter 166, under its
home-rule powers has the authority to abandon dedicated properties no longer needed by the City
The action taken during this process ~s not the assignment of ownership of the subject parcel,
instead it is the abandonment of any ~nterest the City of Delray Beach has w~th respect to the
platted dedicahon (w~th the exception of the general utdity easement reservation)
The abandonment request was submitted by the owner of a portion Tract "D" (adjacent to the east
and south), the RREEF America Reit II Corporation The applicant also owns a portion of Tract "C"
(adjacent to and south of Tract "D"), which contains the Lincoln Park at Delray Apartments
PLANNING ANb ZONING BOARD"CONSIDERATiON
At its meeting of December 17, 2001, the Planmng and Zoning Board considered the request at a
public hearing. There was no public comment concermng the proposed abandonment. After
reviewing the staff report and discussion, the Board voted 6 to 0 (Elaine Morris absent), to
recommend approval, with the cond~bons that: 1) The survey of the abandonment area is to be
revised to show the exact location of all ex~sting utilities, and 2) General ublity easements, at a
width acceptable to the utihty providers, are retained over ~dentified ex~sbng facd~ties. These
conditions have been satisfactorily addressed.
I ..... '~RECOMMENi~i~O,ACTION
By motion, approve the abandonment of right-of-way and accept a replacement easement to cover
the existing ubhties based upon positive findings with respect to LDR Sechon 2 4 6(0)(5).
Attachment:
· Abandonment Resolution
· P & Z Staff Report of December 17, 2001
S ~ P&Z~boards~cltycommlsslon~LaversNorthCCDoc doc
RESOLUTION NO. 58-02
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING TRACT "A", OF THE PLAT OF LAVER'S
NORTH, LOCATED ON THE EAST SIDE OF S.W. l0TM
AVENUE, APPROXIMATELY 240-FEET SOUTH OF LINTON
BOULEVARD, AS MORE PARTICULARLY DESCRIBED
HEREIN, BUT RESERVING AND RETAINING TO THE
CITY A GENERAL 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 Tract "A", Plat of Layer's North, as more parucularly described by ExhtNt "A";
and
WHEREAS, smd apphcation for abandonment of a general pubhc right-of-way was
processed pursuant to Section 2.4.6(0), "Abandonment of Poghts-Of-Way", of the Land
Development Regulat2ons of the Cny of Delray Beach; and
WHEREAS, pursuant to LDR Secuon 2.4.6(O)(3)(e), the Planning and Zoning
Board, as Local Planmng Agency,, formally reviewed the matter at a pubhc hearing on December 17,
2001, and voted 6 to 0 to recommend approval of the abandonment, based upon poslnve findings
with respect to LDR Secnon 2.4.6(0)(5), and sublect to the conchnon that a general uuhty easement
be retained over a poruon of the area as described m Exl-ublt "B"; and
WHEREAS, the City Comnnsslon of the City of Delray Beach, Florida, finds that
its interest m the described propertT is no longer needed for the pubhc good and deems it to be in
the best interest of the C~ty of Delray Beach to vacate and abandon smd Tract "A", based upon
posinve finchngs pursuant to LDR Secnon 2.4.6(0)(5), but does not abandon and retains and
reserves unto itself a general utihty easement over a pornon of the area thereof, as more parucularly
described hereto (Exbablt "B"), for the purpose of emergency access and constructing and/or
maintaining, either over or under the surface poles, w~res, pipes, servers, drainage facihues, or any
other facihues used for various pubhc ufihues whether oxvned by the City or private corporauons.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Secuon 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
Statutes, xt is hereby determined by the Delray Beach City Comrmssion to vacate and abandon all
right and interest ~t holds to the following real property as described m Exl-uNt "A", but does not
abandon and retains and reserves unto ~tself a general utthty easement over a poruon of the area, as
described m Exl'nNt "B", for the purpose of emergency access and constructing and/or maintaining,
either over or under, the surface poles, wzres, p~pes, sexvers, drainage facihties, or any other facflmes
Resolunon No. 58-02
used for various public uUliues xvhether owned by the C~ty or private corporations, more parncularly
described as folloxvs:
PASSED AND ADOPTED in regular session on this the day of
,2002.
ATTEST:
MAYOR
City Clerk
Resoluuon No. 58-02
EXHIBIT - A
TRACT "A", LAVER'S NORTH, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 43 AT PAGES 92, 93 AND 94, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA
EXHIBIT - B
GENERAL UTILITY EASEMENT AREA:
A PORTION OF TRACT "A", LAVER'S NORTH, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 43 AT PAGES 92, 93
AND 94, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, BEING MORE PARTICULARLY AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT "A",
SAID POINT LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF S.W.
10TM AVENUE; THENCE N 89d 27' 25" E ALONG THE SOUTH LINE OF
SAID TRACT "A" FOR 148.00 FEET TO THE POINT OF BEGINNING
FOR THE HEREINAFTER DESCRIBED GENERAL UTILITY EASEMENT;
THENCE CONTINUE N 89d 27' 25" E FOR 2.00 FEET TO THE
SOUTHEAST CORNER OF SAID TRACT "A" BEING A POINT ON A
CIRCULAR CURVE, CONCAVE TO THE WEST AND WHOSE RADIUS
POINT BEARS N 70d 48' 27" W; THENCE NORTHERLY ALONG THE
EASTERLY BOUNDARY LINE OF SAID TRACT "A" BEING A 480.00
FOOT RADIUS CURVE, LEADING TO THE LEFT, THROUGH A
CENTRAL ANGLE OF 03d 52' 37" FOR AN ARC DISTANCE OF 32.48
FEET; THENCE DEPARTING SAID EASTERLY BOUNDARY LINE S
89d 27' 25" W, ALONG A LINE PARALLEL WITH SAID SOUTH LINE OF
TRACT "A" FOR 10.00 FEET; THENCE S 10d 16' 36"W FOR 12.00
FEET; THENCE S 01d 31' 23" E FOR 19.14 FEET TO THE POINT OF
BEGINNING.
Resolution No. 58-02