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Res 20-97 M I~1~ ~ 88'75 RESOLUTION NO. 20-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING CERTAIN UTILITY EASEMENTS AS SHOWN ON A REPLAT OF DELRAY MALL, ACCORDING TO THE PLAT THEP, EOF RECORDED IN PLAT BOOK 58 AT PAGE 133 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO INSTALLATION AND ACCEPTANCE OF REPLACEMENT FACILITIES AND ~ASEMENTS. ' WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of certain water and sewer easements as shown on A Replat of Delray Mall, as more particularly described herein, said property being located at the northwest corner of Federal Highway and Linton Boulevard; and WHEREAS, said application for abandonment of 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 subject to conditions; 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 easements, subject to installation and acceptance of replacement facilities and easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY. COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ That pursuant to Chapter 177.101 (S) 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, subject to installation and acceptance of replacement fac/i/ties and easements, more particularly described as follows: -A parcel of land in Section 21, Township 46 South, Range 43 East, 10 feet in width, lying five (5) feet on each side of the following described centerline: Co~,enctng at the Northwest corner of A Replat of Delray Mall, according to the Plat thereof, as recorded in Plat Book 58 at Page 133 of the Public Records of Palm Beach County, Florida; thence, North 89 degrees 52~ 49" East, a distance of 93.72 feet; thence, North 00 degrees 37~ 35" East, a distance of 55.00 feet; thence, North 89 degrees 52' 49" East, a d/stance of 400.02 feet; the last three (3) calls being along the North line of said plat; thence, continuing North 89 degrees 52' 49" East, a d/stance of 28.56 feet~ thence, South 00 degrees 38m 55" East, a d/stance of 46.65 feet to the POINT OF BEGINNING; thence, continuing South 00 degrees 38' 55" East, a distance of 47.10 feet; thence, South 81 degrees 10' 20" East, a dis=ante of 65.24 feet to the POINT OF ENDING. The sidelines of said parcel to be lengthened or shortened to meet at angle points. ALSO: Parcels of land in Sections 20 and 21, Township 46 South, Range 43 East, 12 feet in width, lying six (6) feet on each side of the following described centerlines: PARCEL 2~ (O~I~ FROM THE ABANDONMENT APPLICATION) Tc~ether with= Commencing at the Northwest corner of said plat; thence, North 89 degrees 52~ 49. East, along the North line of said plat, a distance of 65.28 feet; thence, South 00 degrees 07m 11" East, a d/stance of 46.92 feet to the POINT OF BEGINNING; thence, - 2 - Res. No. 20-97 South 08 degrees 23' 05' West, a distance of 163.75 feet to Reference Point 'A"; thence, continuing South 08 degrees 23' 05" West, a d/stance of 163.80 feet to Reference Point 'B"; thence, continuing South 08 degrees 23' 05' West, a distance of 27.74 feet to the POINT OF ENDING; and Beginning at said Reference Point "A"; thence, South 81 degrees 36' 55" East, a distance of 27.33 feet; thence, South 08 degrees 23' 05" West, a distance of 26.00 feet to the POINT OF ENDING; and Beginning at said. Reference Point "B"; thence, South 81 degrees 36' 55" East, a distance of 27.33 feet; thence, South 08 degrees 23' 05" West, a distance of 20.00 feet; thence, South 81 degrees 36' 55' East, a distance of 10.00 feet to the POINT OF ENDING. Together with: Commencing at the Northwest corner of said plat: thence, North 89 degrees 52' 49" East, a d/stance of 93.72 feet; thence, North 00 degrees 37' 35" East, a d/stance of 3.15 feet; the .last two (2) calls being along the North line of said plat; thence, South 89 degrees 22' 25" East, a d/stance of 35.16 feet to the POINT OF BEGINNING; thence, South 81 degrees 37' 57" East, a d/stance of 222.13 feet to Reference Point 'A"; thence , continuing South 81 degrees 37' 57" East, a distance of 95.60 feet to the POINT OF ENDING; and Beginning at said Reference Point "AW; thence, South 08 degrees 23' 05" West, a distance of 586.85 feet to the POINT OF ENDING. Together w/th: Commencing at the Northwest corner of said plat; thence, North 89 degrees 52' 49" East, a distance of 93.72 feet; thence, North 00 degrees 37' 35" East, a d/stance of 15.51 feet; the last two (2) - 3 - Res. No. 20-97 calls being along the North line of said plat; thence, South 89 degrees 22' 25" East, a distance 'of 54.01 feet to the POINT OF BEGINNING; thence, South 81 degrees 37' 15" East, a distance of 161.91 feet to Reference Point "B'; thence, continuing South 81 degrees 37' 15" East, a distance of 108.20 feet to the POINT OF ENDING; and Beginning at said Reference Point "B'; thence, South 08 degrees 03' 45' West, a distance of 297.70 feet; thence, South 08 degrees 35' 55" West, a distance of 275.70 feet to the POINT OF ~I~DING. Together with: Commencing at the Southwest corner of said plat; thence, North 08 degrees 23' 05" East, along the West line of said plat, a distance of 376.82 feet; thence, South 81 degrees 36' 55" East, a distance of 33.00 feet to the POINT OF BEGINNING; thence, North 15 degrees 22' 28" East, a distance of 263,43 feet; thence, North 08 degrees 33' 55" East', a distance of 256.04 feet to the POINT OF ENDING. Together w/th: Commencing at the Southwest corner of said plat, North 89 degrees 44' 06" East, a distance of 122.00 feet; thence North 90 degrees 00' 00" East a d/stance of 197.48 feet; the last two (2) calls being along the South line of said plat; thence, North 00 degrees 00' 00" East, a distance of 138.58 feet to the POINT OF BEGINNING; thence, North 81 degrees 30' 05" West, & distance of 42.99 feet to Reference Point "A"'; thence, continuing North 81 degrees 39' OS" West, a d/stance of 215.90 feet; thence, North 08 degrees 20' 55" East, a distance of 100.87 feet; thence, South 81 degrees 36' 55" East, a d/stance - 4 - Res. No. 20-97 BO(~ 15~1;~ Pt~6E 0879 of 34.52 feet to Reference Point thence, North 08 degrees 23' 05" East, a distance · of 148.50 feet to Reference Point thence, continuing North 08 degrees 23' 05" East, a d/stance of 308.29 feet to Reference Point thence, continuing North 08 degrees 23' 05" East, a distance of 140.11 feet to the POINT OF ENDING; and Beginning at said Reference Point 'A", thence, South 08 degrees 20' 55" West, a d/stance of 17.00 feet to the POINT OF ENDING; and Beginning at said Reference Point thence, South 08 degrees 23' 05" West, a distance of 20.00 feet; thence, South 81 degrees 36' 55" East, a distance of 13.31 feet to the POINT OF ENDING; and Beginning at said Reference Point ~C"; thence, North 81 degrees 36' 55" West, a d/stance of 55.50 feet to the POINT OF ENDING; and Beginning at said Reference Point thence, South 81 degrees 36' 55" East, a distance of 36.50 feet; thence, North 08 degrees 23' 05" East, a distance of 20.00 feet to .the POINT OF ENDING. Together with: Commencing at the Southeast corner of said plat; North 90 degrees 00' 00" West, along the South line of said plat, a d/stance of 39.24 feet; thence, North 00 degrees 00' 00~ East, a d/stance of 185.55 feet to the POINT OF BEGINNING; thence, North 31 degrees 41' 20" East, a distance of 201.40 feet to the POINT OF ENDING. To~ether with= Commencing at the Southeast corner of said thence, North 90 degrees 00' 00" West, along the Res. No. 20-97 south l~ne of said plat, a dist&nce of 204.62 feet; thence, North 00 degrees 00~ 00" West, a distance · of 394.60 feet to the POINT OF BEGINNING~ thence, South 81 degrees 36~ 00" East, & distance of 245.00 feet to the POINT OF ENDING. Tc~ether with: Co~,encing at the Southeast corner of said plat, thence, North 90 degrees 00' 00" West, along the South line of said plat, & distance of 261.91 feet; thence, North 00 degrees 00' 00" West, a distance of 366.30 feet to the POINT OF BEGINNING; thence, North 59 degrees 09' 05" West, a d/stance of 31.00 feet to the POINT OF ENDING. The sidelines of said parcels to be lengthened or shortened to meet at angle points. $_~ That the abandonment of easements described in Section I above shall not become effective and this resolution shall not be recorded in the Public Records of Palm Beach County, Florida, until such time as replacement facilities have been installed and replacement easements accepted by the City of Delray Beach, Florida. PASSED AND ADOPTED in regular session on this the 18th day of March, 1997. · ' ATTEST~ __ - 6 - Res. No. 20-97 IJJffJ Palm Beach County, Flo,ida [lTV DF D£LRR¥ BERCH CITY CLERK ~~ 100 N.W. 1St AVENUE · DELRAY BEACH, FLORIDA 33444 561/243-7000 1993 2001 C~[E[CA?[O~ ,I, CI..]:~q~1~T,T,I~, D. NUB[N, Acting Deputy City Clerk of the City of De[ray Beach, do hereby certif7 that the attached document is a true and correct copy of Resolution No. ?0-97, as the ~ame was passed and adopted by the De[ray Beach City Commission in regular session on the 18t~ day of March, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of De[ray Beach, Florida, on this the 17'~ clay of March, 2008. CheveUe D. Nubin Acting Deputy City Clerk City of De[ray Beach, Florida THE EFFORT ALWAYS MATTERS ~.E r= ~' KEY MAP 02-15047.201-SS1 SHEET I OF' 10 Heller - Weaver and Sheremeta, inc. EXHIBIT "A"~,~'~,,~.- ~ - '~ ...--~eyo~ ... P~en ~ e ~ o 'g~, ti. o ~ ~/~ ~ PARCELS 1/11 = ~ ~7~ ~ 02-15047.201-S~ $.[. 2 OF 10' ~ , ., , .... HeHer - ~eaver ~d ~ereme~, ~c. EXHIBIT 'A'~'~,,~- ~' ~~ ... ~e7o~ ... P!~nn~ ~ ~ ~ ,I 0 ~ ' ~. d ~ I~ m PARCEL 2 ~ ~ ~7~ 02-1~47.201-SS3 SH~ 3 OF 10 HeHer - ~eaver and Shereme~, ~c. EXHIBIT "A" ~'~ ~ ~~ ... ~eyom ... p]a.n~ ~ ~ ~ ~ S~ - r~ IM](J~ 1501:~ ;:)A(3E 8884 P.O.C._ ~COLLINS AWE NORTHWEST CORNER ~e3 .,,,-,.~p' 49'F-- A REPLAT Of DELRAY MALL 20.00 ~ r= ~ PARCEL Heller - Weaver ~d Shereme~, ~e. EXHInIT "A" p.o.c.,,.=;~;~ ,~ COLLeCtS AVE .o.T.,~s~ CO~N~-'I ~ , ,~ ~ ~ ~ ~ .... 5~9 / ' ~REFERENCE POINT A R~LAT ~ / N X ~~ ~A~ M~ / . ~~ P.O B .... ~ P.O.B ,~, ..... ~ ~5.S~ ~&~X ~ .... ~9050's~~ ~0~ ' ~I'~'' 58, ~0. a~.) I 1 ~ p ARCEL ~ ~"~ ~ = PARCEL 4 ...7. ~~ 02-15047.201-$S5 $NE~, OF ,O ..... ~eller - ~ea,er aM Shereme~, ~e. EXHIBIT "A" ~~ ... ~eyo~ ... P~e~ u ~ ~e p.C z pOINT 'Et'" ~ p ARCEL 7 ~3.31' /'-" ,, / pOiNT p.O.E. ', u 8~ , . r RE. FF..R'~CF-- P.O.C;"'~ I .~_~_..~ ~ SOU'mWE:ST COR~'R\ f DELRAY MALL ~ i,r~o.oo'oo'E / ta~.O0' (,P.B. 58, PG. ~ v-~ PARCEL 6 & 7 ME J~./JO/~ ,1~ liZ L~172fl 02-15047.201-SS$ SHEET 6 OF' 10 Heller - Weaver and Sheremeta, inc. EXHIBIT "A' ~zx~neen .,. 8urveyon ... ?lazmers u m m , , ' PARCEL 10 /'-~.~,I.2'~8-w PARCEL 9 -'I ,..NSr~5'~7'w l\ ...../ / // F'''°-''- / / ,-,:,.o.~. N 59'09'0§' W P.O.E. , .,~ / I i .,:-~"/~¢, I,~ I. . 2%~'' I I .~ PARCEL 8 "d'l~. /~ ~"'EAST LINE I I I. ' ,,o.oo.oo., ~ 2O4.62' ....~ ~ A ,,, 04.46,39o SOUTH LINE 261.26' -\ R = (P.B. 58, PO 135,) LINTON BLVD. \ L = 164.E7 ~_ P.O.C. SOUTHEAST CORNER A REPLAT OF DELRAY MALL (PB 58, PG suu: r= ~' PARCEL 8, 9 &: 10 I Jff9 MX 1~47211 ~ 02-15047.201-S$7 SHEET 7 OF 10 [ Heller - Weaver and Sheremeta, ine. i EXHIBIT "A" I'~''~'~~a~...,..~" U~.SCNIPilON ~ ,0~¢ ~.~ ~ P~C[L 1 A parcel of land in Section 21, Township 46 South, Range 43 East, lO-feet in width, lying · ' 5-feet on each side of the following described contadina: Commencing at the Northwest comer of A Replot of Delroy Moll, according to the plat thereof, as recorded in Plot Book 58, at Page 133 of the Public Records of Palm Beach County, Florida; thence, North 89' 52' 49' East, a distance of 95.72 feet; thence, North 00' 57' 55" East, o distance of 55.00 feet; thence, North 89' 52' 49" East, o distance of 400.02 feet; the lost three (5) calls being along the North line of said plot; thence, continuing North 89' 52' 49' East, a distance of 28.56 feet; thence, South 00' 58' 55" East, a distance of 46.65 feet to the POINT OF BEGINNING; thence, continuing South 00' 3B' 55' East, o distance of 47.10 feet; thence, South 81' 10' 20" East, a distance of 65.24 feet to the POINT OF ENDING. The sidelines of ~oid parcel to be lengthened or shortened to meet. at angle points. ALSO: Parcels of land in Sections 20 and 21, Township 46 South, Range 43 East, 12-feet in width, lying 6-feet on each side of the following described centerlines: Commencing at the Northeast comer of A Rapist of Delray Mall, according to the plat thereof, as recorded in Plat Book 58, at Page 153 of the Public Records of Palm Beach County, Florida; thence, North 89' 47' 06' West, a distance of 146.89 feet; thence, South 00' 57' 09' West, o distance of 15.00 feet; thence, South 89' 57' 54" West, o distance of 272.31 feet; the last three (3) calls being along the North line of said plat; thence, South 00' 02' 06" East, a distance of 93.22 feet to the POINT OF BEGINNING; thence, North 89' 44' 15" West, a distance of 105.04 feet to the POINT OF ENDING. Together with: Commencing at the Northwest corner of said plat; thence, North 89' 52' 49" East, along the North line of said plat, o distance of 65.25 feet; thence, South 00' 07' 11" East, a distance of 47.11 feet to the POINT OF BEGINNING; thence, South 08' 23' 05' West, o distance of 163.75 feet to Reference Point 'A"; thence, continuing South 08' 23' 05" West, a distance of 163.80 feet to Reference Point "B'. thence, continuing South 08' 23' 05' West, a distance of 27.74 feet to the POINT OF ENDING; and Beginning at said Reference Point "A'; thence, South 81' 36' 55" East, a distance of 27.33 feet; thence, South 08' 25' 05' West. a distance of 26.00 feet. to the POINT OF ENDING; and Beginning at said Reference Point "B'; thence, South BI' 36' 55' East, a distance of 27.53 feet; thence, South 08' 23' 05' West, a distance of 20.00 feet; thence, South 81' 56' 55' East, a distance of 10.00 feet the the POINT OF ENDING. Together with: Commencing at the Northwest corner of said plot; thence, North 89' 52' 49' East, a distance of 93.72 feet; thence, North 00' 57' 55' East, a distance of 4.26 feet; the last two (2) calls being along the North llne of said plat; thence, South Bg' 22' 25" East, a distance of 25.65 feet to the POINT OF BEGINNING; thence, South 81' 57' 57' East, a distance of 251.73 feet to Reference Point thence, continuing South 81' 37' 57' East, a distance of 95.60 feet to the POINT OF ENDING; and Beginning at said Reference Point thence, South 08' 25' 05' West, a distance of 586.85 feet to the POINT OF ENDING. N.T.~. 15047201 02-15047.201-S$8 $HE~ 8 OF 10 Heller - Weaver Shereme , he. EXHIBIT "A" BOOK 1~1~' PGGE 0889 DESCRIPTION (CONTINUED) Together with: Comme~cin] ~! lhe Northwe]l corner of $~id pla[; thence, North 89' 52' 49" E:~st, o distonce of 93.72 feet; thence, North 00' ~7' 55" £o~t, a dist~nc~ of 15.52 feet; the I~ two (2) ¢~115 b~ing olon~ the Nor[h lin~ of ~id pl~t; thence, South 89° 22' 25" £o$t, distance of 53.98 feet to the POINT OF BEGINNING; thence, South 81' 57' 15' East, ~ distonce of 190.50 feet to Reference Point 'B'; thence, continuing South 81' 37' 15' Eost, ~ distance of 108.20 feet to the POINT OF ENDING; ond Beginning at Ioicl Reference Point 'B'; thence, South 08' 05' 45' West, <3 distance of 297.70 feet; thence, South 08' 55' West, a distance of 275.70 feet to the POINT OF ENDING. Commencing at the Southwest comer of ~3id plat; thence, North 08' 2~' 05' East, along the West line of said plat, o distance of 370.86 feet; thence, South 81' 36' 55' East, a distance of 32.27 feet to the POINT OF BEGINNING; thence, North 15' 22' 28" East, o distance of 269.4:3 fee[; thence, North 08' $3' 55" East, a distance of 256.04 feet to the POINT OF ENDING. Together with: Commencing at the Southwest comer of said plot; thence, North Bg' 44' 06' East, o distance of 122.00 feet; thence, North 90' 00' 00' E:ost. o distonce of 198.10 feet; the lost two (2) coils being along the South line of said plot; ther~ce, North 00' 00' 00' East, o distonce of 158.:~1 feet to the POINT OF BEC, INNING; thence, North 81' 59' 05" West, ~ distonce of 42.99 feet to Reference Point thence, continuing North 81' 59' 05' West, o distance of 215.90 feet; thence, North 08' 20' 55' East, o distance of 100.87 feet; thence, Sou~h 81' 56' 55' East, o distance of 54.52 feet to Reference Point 'B'; thence, North 08' 23' 05" East, o distance of 1¢8.50 feet to Reference Point "C"; thence, continuing North 08' 25' 0§" East, o distance of 85.4,1 feet; thence, North 0~'15'05' £o$t o distance of 224.88 feet to Reference Point'D'; thence, continuing North 08° 15' 0.5" East, o distance of 140.11 feet to the POINT OF ENDING; and Beginning at said Reference Point "A'; thence, South 08' 20' 55' West, o distance of 17.00 feet to the POINT OF ENDING; end Beginning ot said Reference Point thence, South 08' 25' 05" West, o distonce of 20.00 feet; thence, South 81' ~6' $5" East, o distance of 15.;~1 feet to the POINT OF ENDING; and Beginning et said Reference Point 'C'; thence, North 81' 36' 55" West, o distance of 55.50 feet to the POINT OF ENDING; and Beginning at said Reference Point 'D'; thence, South 81' 36' 55' East, o distance of 36.50 feet; thence, North 08' 25' 05" East, o distance of 20.00 feet to the POINT OF ENDING. Together with: Commencing et the Southe=a[ comer of s~id plot; thence, Nc, th 90' 00' 00' West, along the South line of said plot, o distance of 58.55 feet; thence, North 00' 00' O0 distance of 186.87 feet to the POINT OF BEGINNING; thence, North 31' 41' 20' £ost, o distance of 201.40 feet to the POINT OF ENDING. SENE KTi J~ IE. 150472I]1 ~ 02-15047.201-S$9 $H[~ g OF 10 HeHer - Weaver Sheremeh, hc. I EXHIBIT A · Do~'o~hy H. t4ilkene ' .. DESCRIPTION (CONTINUED) Together with: Commencing at the Southeast comer of said plot; thence, North 90' 00' 00' West, along the south line of sold plot, o distance of 204.62 feet; thence, North 00' 00' 00' West, a distance of 394.60 feet to the POINT OF BEGINNING; thence, South 81' 36' 00" East, a distance of 245.00 feet to the POINT OF ENDING. Together with: Commencing at the Southeast corner of said plot. thence. North 90' 00' 00" West, along the South line of said plot, a distence of 261.26 feet; thence, North 00' 00' 00" West, a distance of 366.02 feet to the POINT OF BEGINNING; thence, North 59' 09' 05' West, a distance of 51.00 feet to the POINT OF ENDING. Commencing at the Northwest comer of said plot; thence North 89'52'55' East 95.72 feet; thence North 00'37'41' East a distance of 55.00 feet; thence North 89'52'55" East a distance of 400.02 feet; thence North 00'41'26' East o distance of 169.28 feet to the POINT OF BEGINNING; The last four (4) coils being along the North line of said plot; thence South 52'11'17" East a distance of 806.3;3 feet to the POINT OF ENDING; The sidelines of said parcels to be lengthened or shortened to meet ot angle points. S~L[ #~.,~ }AlE IP../IO/~ J~ tlZ ]50472~ 02-15047.201-S$10 SHEET 10 OF 10 , inc. EXHIBIT "A" - '~;mee~ ...--=~'~eyo~ ... Plennere u m ~