Res 23-98 I
May-B7-1998 88:85am 98--168722
OR~ 10387 p~ 628
Illlllllllllllllllllll
RESOLUTION NO. 23-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING
PORTIONS OF GENERAL UTILITY EASEMENTS AS SHOWN ON
THE DELRAY SHELL PLAT RECORDED IN PLAT BOOK 77 AT
PAGE 167 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 the north 7 feet of the 12 foot
general utility easement and the east 5 feet of the 10 foot general
utility easement within Parcel "A" of the Delray Shell Plat, as more
particularly described herein, said property being located at the
southeast corner of West Atlantic Avenue and Congress Avenue; and
WHEREAS, said application for abandonment of portions of
general utility easements was processed pursuant to Section 2.4.6(P),
"Abandonment of Public Easements", of the Land Development
Regulations of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(P) (3) (c), the City
Engineer has forwarded the application 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 portions of general utility
easements.
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 to vacate and
abandon all right and interest it holds to the following real
property, more particularly described as follows:
A portion of Parcel "A" of "Delray Shell Plat"
according to the Plat thereof as recorded in Plat
Book 77 at Page 167 of the Public Records of Palm
Beach County, Florida, being more particularly
described as follows:
18387 I:'g 6:::)9
Begin at the Southeast corner of said Parcel "A";
thence run North 08 degrees 51 minutes 39 seconds
West along the East line of said Parcel "A" for a
distance of 5.87 feet to the Point of Beginning;
thence run South 49 degrees 35 minutes 21 seconds
West for a distance of 68.16 feet to a point of
curvature of a circular curve concave to the
Northwest; thence run Southwesterly along the arc
of said surve having a radius of 175.50 feet thru a
central angle of 22 degrees 47 minutes 23 seconds
for an arc distance of 69.81 feet to a point of
tangency; thence run South 72 degrees 15 minutes 21
seconds West for a distance of 50.11 feet to a
point; thence run North 53 degrees 57 minutes 39
seconds West for a distance of 16 62 feet to a
point; thence run North 00 degrees 10 minutes 39
seconds West for a distance of 25 46 feet to a
point; thence run North 89 degrees 49 minutes 21
seconds East for a distance of 5 00 feet to a
point; thence run South 00 degrees 10 minutes 39
seconds East for a distance of 22 93 feet to a
point; thence run South 53 degrees 57 minutes 39
seconds East for a distance of 9 07 feet to a
point; thence run North 72 degrees 15 minutes 21
seconds East for a distance of 42 84 feet to a
point of curvature of a circular curve concave to
the Northwest; thence run Northeasterly along the
arc of said curve having a radius of 168.50 feet
thru a central angle of 22 degrees 47 minutes 23
seconds for an arc distance of 67.02 feet to a
point of tangency; thence run North 49 degrees 35
minutes 21 seconds East for a distance of 72.54
feet to a point on the East line of said Parcel
"A"; thence run South 08 degrees 51 minutes 39
seconds East for a distance of 8.33 feet to the
Point of Beginning.
Said lands containing 1,467 square feet, more or
less.
PASSED AND ADOPTED in regular session on this the 7th day
ATTEST:
JCity C~erk -
- 2 - Res. No. 23-98
PAGE 1 OF 2
~ PARCEL 'A'
'DELRAY SHELL PLAT'
~ PLAT BOOK 77 AT PAGE. 167
E.I~T ~ ' OF IO ~ " '
DA~ ~~ ~ m7
VAGA~ ~ ~, F. Pu~e, Reg. L~nd S~veyo~
~ ~ A~ A~ ~e( ~(es F(yn~ Re~ L~d S~veyo~
ORB 18387 Pg 631
DOROTHY H. WILK£N, CLERE PB CO~T¥, FL
rlT¥ DF DELRR¥ BER£H
DELRAY BEACH
CITY CLERK ,00 N.W. Ist AVENUE- DELRAY BEACH, FLORIDA 33444- 407/243-7000
1993 C E R T I F I C A T I O N
I, ALISON MacGREGOR HARTY, City Clerk of the City of
Delray Beach, Florida, do hereby certify that the attached
document is a true and correct copy of Resolution No. 23-98, as
the same was passed and adopted by the Delray Beach City
Commission in regular session on the 7th day of April, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
22nd day of April, 1998.
Alison M~cGre~r/Harty
City Clerk
City of Delray Beach, Florida
(SEAL)
THE EFFORT ALWAYS MATTERS
P~nted or; Re¢?cted ~e;
MEMORANDUM
TO: Celeste McDonough, Administrative Assistant
FROM: Alison Harty, City Clerk
SUBJECT: Recordinq/Resolution No. 23-98
DATE: April 22, 1998
Attached is a certified copy of Resolution No. 23-98 which
abandons portions of general utility easements within the Delray
Shell Plat (located at the southeast corner of West Atlantic
Avenue and Congress Avenue). It was approved by the City
Commission on April 7, 1998.
Please have this document recorded. When it comes back from the
County, please forward a copy of the recorded resolution to
Claire in Planning for her file. The original should be returned
to me.
Thank you.
AMH/m
Attachment
TO: DAVID T. HARDEN
THRU: DIANE DOMINGUEZ, DIRECTOR __
DEPARTMENT OF PLANNING AND ZONING
FROM: CLAIRELYTE-G~HAMd~' ' ~
PLANNER (L~ ~ ~
SUBJECT: MEETING OF APRIL 7, 1998 ***CONSENT AGENDA***
ABANDONMENT OF 10' AND 12' GENE~L UTILI~ EASEMENTS AT SHELL OIL
STATION
The action requested of the City Commission is approval of the abandonment of the east 5' of a
nodh/south 10' general utili~ easement, and the no~h 7' of an easFwest 12' general utili~ easement
located at Shell Oil Station. The subject prope~ is located at the southeast corner of W. Atlantic
Avenue and S. Congress Avenue. The abandonment is being requested because a potion of the
existing building encroaches approximately 3' into the 12' easement.
BellSouth and FPL facilities previously existed within the nodh potion of the 12' easement.
However, a separate 5' utility easement covering the south 5' of the 12' general utili~ easement was
recorded on July 21, 1997, and the facilities were moved into this 5' easement. The City's
Environmental Sewices Depa~ment and Fire Depa~ment reviewed the request and have no
objections. All utility companies contacted (Adelphia, BellSouth, FPL, Florida Public Utilities)
reviewed the abandonment proposal and have no objections.
Prior to the granting of an abandonment a finding must be made that the abandonment will not result
in detriment for the provision of se~ices to adjacent pmpedies or the general ama. No City se~ices
am located within the areas to be abandoned, and BellSouth and FPL facilities have been relocated
to a 5' utility easement. Based on the above, the abandonment will not result in detriment for the
provision of se~ices to adjacent pmpedies or the general area.
By motion, approve the abandonment of the nodh 7' of the 12' general utili~ easement and the east
5' of the 10' general utili~ easement through the enactment of Resolution 23-98.
Attachments:
· Location map, su~ey, and exhibits of easements to be abandoned and 5' utili~ easement
OWENtiAKER ROAD PALM TRAN
FA CILI TY
N.W. 1ST ST. DON FRANCISCO'S WAY
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BEACH DR. ANDRES WAY
MUNICIPAL
GOLF CONGRESS
COURSE
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C~TY OF DELRAY BEACH. FL
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