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RESOLUTION NO. 71-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
UTILITY EASEMENT WITHIN ATLANTIC PLAZA, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 50 AT
PAGE 129 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 a ten foot wide utility easement
within Atlantic Plaza, according to the Plat thereof recorded in Plat
Book 50 at Page 129 of the Public Records of Palm Beach County,
Florida, and as more particularly described herein, said property
being located at the northeast corner of East Atlantic Avenue and
N.E. 7th Avenue; and
WHEREAS, said application for abandonment of a ten foot
wide utility easement within Atlantic Plaza 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 utility easement.
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:
Easement from Atlantic Plaza, Ltd. in favor of the
City of Delray Beach, recorded September 3, 1985,
in Official Records Book 4640 at Page 1168 of the
Public Records of Palm Beach County, Florida,
to-wit:
A parcel of land 10.00 feet in width in ATLANTIC
PLAZA, according to the Plat thereof, as recorded
in Plat Book 50, Page 129 of the Public Records of
Palm Beach County, Florida; and being more
particularly described as follows:
COMMENCING at the Northwest corner of said Plat;
thence South along the East Right -of-Way of N.E.
7th Avenue a distance of 201.00 feet; thence East a
distance of 86.50 feet to the POINT OF BEGINNING;
thence South a distance of 56.00 feet; thence East
a distance of 10.00 feet; thence North a distance
of 56.00 feet; thence West a distance of 10.00 feet
to the POINT OF BEGINNING.
Said lands situate, lying and being in the City of
Delray Beach, Palm Beach County, Florida.
PASSED AND ADOPTED in regular session on this the 17th day
of November, 1998.
ATTEST:
City ~lerfi ~
- 2 - Res. No. 71-98
DESCRIPTION-
A porcel of Iond 10.00 feet in width in ATLANTIC PLAZA, occording to the Plot
thereof, os recorded in Plot Book 50, Pose 129 of the Public Records of Polm Beoch
County, Florido; ond being more porticulorly described os follows:
COMMENCING ot the Northwest corner of sold Plot; thence South olong the Eost
Right-of-Woy of N.E. 7th Avenue o distonce of 201.00 feet; thence Eost o distonce
of 86.50 feet to the POINT OF BEGINNING;
Thence, South o distonce of 56.00 feet; thence Eost o distonce of
10,00 feet, thence North o distonce of 56.00 feet; thence West o
distonce of 10.00 feet to the POINT OF BEGINNING.
Sold Ionds situote, lying ond being in the City of Delroy Beoch, Polm Beoch County,
Florido.
NE 1st STREET
306,08 N89'og'27'W
POINT OF COMMENCEMENT-~'~x\
NE CORNER
ATLANTIC PLAZA
PB 50, PG 129
POINT OF BEGINNING
/
z g/
> SOUTH
~ E~ST
ATLANTIC PLAZA
¢S 50, CG ~29
306,09 S89'07'39'E
ATLANTIC AVENUE
ABANDON.DWG SHEET 1 OF 1
'":'°°'I XH, ,T A
c~o't e 7/17/98 ~ ~t C~SUL~NG ENGINEERS
Jo~ no. 98145,001 I~d ~onnmg m ~g~e~mg ·
DRi~ 11557 P. 156
DOROTHY H. HILKEN, Q.ERR PB (:OUNTY, FI.
I:ITY OF DELRRY BER£H
CITY CLERK 100 N.w. 1st AVENUE. DELRAY BEACH, FLORIDA 33444. 407/243-7000
]993 C E ~ TI T I C .A TI 0 ag
I, ALISON MacGREGOR H_ARTY, City Clerk of the City of Dekay Beach, Florida,
do hereby certify that the attached document is a true and correct copy of Resolution No. 71-98,
vacating and abandoning a utility easement within Atlantic Plaza, according to the Plat thereof
recorded in Plat Book 50 at Page 129 of the Public Records of Palm Beach County, Florida. Said
Resolution was passed and adopted by the Delray Beach City Commission m regular session on the
1Th day of November, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the
City of Delray Beach, Florida, on this the 4th day of January, 2000.
Al~s~ Macd~egor"I~I/ty
City Clerk
Ci~ of Dekay Beach, Florida
EFFORT ALWAYS MATTERS
MEMORANDUM
TO: Celeste McDonough, Administrative Assistant
FROM: Alison Harty, City Clerk
SUBJECT: Recording/Resolution No. 71-98
DATE: January 4, 2000
Attached is a certified copy of Resolution No. 71-98 which
abandons a utility easement within Atlantic Plaza. It does not
appear to me that this resolution was ever recorded although it
was approved by the City Commission on November 17, 1998.
Please check your records to see if you have anything to
indicate it was recorded. If not, please send it for recording
and return the original to me upon its return.
Thank you.
AMH/m
Attachment
TO: DAVID T. HARDEN, CITY MANAGER ' <
THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNIN
FROM: JASMIN ALLEN, PLANNER /~z_.P.~..',-t
SUBJECT: MEETING OF NOVEMBER 17, 1998 CONSENT AGENDA*
ABANDONMENT OF WATER EASEMENT WITHIN ATLANTIC PLAZA
The action requested of the City Commission is that of approval of the abandonment of a 10'
water easement within Atlantic Plaza. The subject site is located at the northeast corner of East
Atlantic Avenue and NE 7th Avenue. The abandonment of this easement is being processed
pursuant to LDRs Section 2.4.6(P), Abandonment of Public Easements.
The subject easement was dedicated by an easement deed recorded on September 3, 1985.
On October 21, 1998, a site plan modification was approved to allow a 1,200 sq. ft. addition to
Gulfstream Cleaners located within Atlantic Plaza. The proposed addition is on the west side of
the building. An existing 4 inch water line and 5 water meters are located within the expansion
area for the building. The water line will be removed and the meters will be relocated to a
landscape island within the parking lot. The abandonment has been reviewed by the
appropriate City departments which have no objection.
Prior to the granting of an abandonment the City Commission must make the following finding:
That the abandonment will not result in detriment for the provision of utility services to
adjacent properties or the general area:
The abandonment will not hinder the provision of utility services as the existing water meters
will be relocated.
Planning and Zoning Board consideration is not required for the abandonment of public
easements.
By motion:
Approve the abandonment of the 10' water easement through the enactment of Resolution No.
71-98
Attachment: Resolution No. 71-98
Water Service Relocation Plan
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DESCRIPTION'
A porcel of I(~nd 10.00 feet in width in ATLANTIC PLAZA, occording to the Plot
thereof, es recorded in Plot Book 50, Pose 129 of the Public Records of Pelm Beech
County, Florido; end being more porticulorly described es follows:
COMMENCING et the Northwest corner of sold Plot; thence South (]long the Eost
Right-of-Woy of N.E. 7th Avenue o distence of 201.00 feet; thence Eost o distonce
of 86.50 feet to the POINT OF BEGINNING;
Thence, South o distence of 56.00 feet; thence Eost o distonce of
10.00 feet, thence North o distence of 56.00 feet; thence West o
distonce of 10.00 feet to the POINT OF BEGINNING.
Soid lends situote, lying end being in the City of Delroy Beech, Polm Beech County,
Florido.
NE 1st STREET
306,08 N89oog,27,V/
POINT OF COMMENCEMENT-~"''
NE CORNER
ATLANTIC PLAZA
PB 50, PG 129
oT
POINT OF BEGINNING
~ '~ 86,60 ~"M o ~
~ 56,00~ 10~0 z
SBUTH
EAST
ATLANTIC PLAZA
PB 50, PG ~29
306,09 S89o07,39-E
ATLANTIC AVENUE
ABANDON.DWG SHEET 1 OF 1
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Job no. 98143.001 1<3nd plonning · engineering · surveying