Res 56-97 Aug-14-1997 11:16am 9?--289245
IIIII II III II III II III II III II III II III II III II III II IIII IIII I IIII
RSSOBLITIO~ NO. 56-~7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF A WATER DISTRIBUTION EASEMENT AS SHOWN
ON THE PLAT OF WALLACE FORD RECORDED IN PLAT BOOK
60, PAGES 174 AND 175 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY
DESCRIBED HEREIN, SUBJECT TO ACCEPTANCE OF A
REPLACEMENT EASEMENT.
WHEREAS, the City of Delray Beach, Florida, received an
application for abandonment of a portion of a 12 foot water
distribution easement shown on the Plat of Wallace Ford, as more
as
particularly described herein, said property bein9 located at the
northwest corner of Linton Boulevard and Wallace Drive; and
WHEREAS, said application for abandonment of a water
distribution 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; 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'
abandonmeng will not result in detriment for the provision of utility
services to adjacent properties or the ~eneral area, that its
interest in the described property is no longer needed for the public
9ood and deems it to be in the best interest of the City of Delray
Beach to vacate and abandon said water distribution easement, subject
to acceptance of a replacement easement for the portion of relocated
water main.
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 followin~ real
property, subject to receipt and acceptance of a replacement
easement, more particularly described as follows:
· ORB 9937 Pg 1471
A parcel of land lying within the plat of "WALLACE
FORD", according to the plat thereof, as recorded
in Plat Book 60, Pages 174 and 175 of the Public
Records of Palm Beach County, Florida, being more
particularly described as follows:
COMMENCING at the Easternmost Northeast corner of
said plat; thence South 89 degrees 49'49" West,
along the north line thereof, a distance of 284.00
feet; thence South 01 degree 21'19" West, a
distance of 186.68 feet to the POINT OF BEGINNING;
thence South 37 degrees 59'05" East, a distance of
36.41 feet; thence South 65 degrees 23'45" East, a
distance of 48.52 feet; thence South 24 degrees
30'21" West, a distance of 12.00 feet; thence North
65 degrees 23'45" West, a distance of 51.47 feet;
thence North 37 degrees 59'05" West, a distance of
43.63 feet; thence North 71 degrees 41'07" East, a
distance of 12.00 feet to the POINT OF BEGINNING.
Section 2. That the abandonment hereinabove described
shall not become effective and this Resolution No. 56-97 shall not be
recorded in the Public Records of Palm Beach County, Florida, until
such time as a replacement easement has been accepted and recorded by
the City of Delray Beach, Florida.
PASSED AND ADOPTED in regular session on this the 5th day
of August, 1997.
ATTEST:
City ~i~k
Res. No. 56-97
Return to: (enclose self-addressed stamped envelope)
Nam~
Address:
OE~ ~37 P~ 147~
Propeffy Appraisers Parcel Identification (Folio) Numbers):
~.8. 21, ~ NORTH LINE ~
N.E ~R
~l~/" WALLACE FORD
TRACT 'A" '~ ~
(~. 60, ~.
( RB. 60,PGa. 174-175 )
P.O,C.- P~NT ~ ~M~T
P.O.B.- P~NT ~ BE~NNING
P.B. -- PLAT ~
PGE. -- P~ES
/
//
NOTES:
]. Reproductions of thls sketch are not valid unless sealed with an e~ossed surveyorts
seal.
2. Lands shown hereon are not abstracted for Rights-of-Way,'Easements, ~nership~ al
other Instruments of Record. .
3. Bearings sho~n hereon are relative to the record plat based on the North line of said
plat bearing S 89* 49' 49" W.
4. The "~ND DESCRIPTION" hereon was prepared by the Surveyor.
5. Data shown hereon was compiled from the instrument of record and does not consti[ute a
field survey as such.
DESCRIPTION:
A parcel of land lying'within the plat of 'NALLACE FORD", according to the plat thereof,
as recorded tn Plat Book 60, Pages 174 and 175 of the Public Records of Palm Beach County,
£1orlda, being are particularly described as follows:
C~NENCING at the Easternmost Northeast corner of said plat~ thence S 89' 49' 49" W, along
the north line thereof~ · distance of 284.00 feetl thence S al' 21t 19" W~ a distance of
186.68 feet to the POINT OF BEGINNINGi thence S 37' 59' 05" E, a distance of 36.41 feetl
thence S 65' 23' 45" E, s distance of 48.52 feeL; thence S 24' 30' 21" W, a distance of
12.00 feetl thence N 65' 23' 45" N, a distance of 51.47 feeti thence N 37' 59' 05" ~ a
BEGINNING.
Said lands situate in the City of ~lray Beach, Palm Beach County, Florida.
Sub~ect to Easements, Restrictions, Reservations, Covenants, and Rights-of-Way of Record.
CERTIFICATE:
I hereby certify that the attached Sketch of ~scriptlon of the hereon described properly
is true and correct to the best of my knowledge and belief as prepared under my direction
on Hay 5, 1997. I further certify that this Sketch oE Description meets the Minimum ~/
Technical Stands=ds set forth in Chapter 61G17-6 adopted by the Florida Board of. Surveyors
end Hap~rs pursuant to Florida Statutes 4~2.021. .~,
Stye ~f FXo£ld~
", L~ ~ SHEET 2
SCAt[
ORN.BY
~ .~ NO.
ORB 9937 Pg 1473
DOROTHY H. ~ILKEH, CLERK PB COUNTY, FL
[ITY (IF I)ELRI:IY BERgH
DELRAY BEACH
CITY CLERK ~00 N.w. 1st AVENUE. DELRAY BEACH, FLORIDA 33444- 407/243-7000
Ail-America City
1993 C E R T I F I C A T I O N
I, ALISON MacGREGOR }{ARTY, 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. 56-97, as
the same was passed and adopted by the Delray Beach City
Commission in regular session on the 5th day of August, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
7th day of August, 1997.
Alison MacGre~or/Harty !
City Clerk
City of Delray Beach, Florida
THE EFFORT ALWAYS MATTERS
MEMORANDUM
TO: Celeste McDonough, Administrative Assistant
FROM: Alison Harty, City Clerk~
SUBJECT: Resolution No. 56-97/Easement Abandonment and
Replacement Easement Deed
DATE: August 7, 1997
Attached for recording is a certified copy of Resolution No.
56-97 abandoning a portion of a water distribution easement
within the Wallace Ford plat, along with the original easement
deed conveying a replacement easement.
Please note that the easement deed indicates it was prepared by
and should be returned to David Tolces. I want to have both the
recorded resolution and easement deed returned to our office so
we will have the originals in our file.
When the recorded documents come back, please provide a copy to
Claire in Planning and David Tolces for his file. The originals
should come to me.
Thank you.
AMH/m
Attachment
cc: Claire Lyre-Graham, Planner
.'. Auj-14-1997 ll**l~aa 97--~89P4~,
9937 P§I 474
Prepared by: R~TURN:
David N. Tolces, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this /.3~ day of {~c~,,.e..* , 1997, by and between
. Wallace Ford, Inc. , with a mailin~ address of P.~. Box 9002~ Delray Beach, FL ,3341,7-9002,
party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100
N.W. I st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County,
State of Florida, party of the second part:
WlTNESSETH: That the party of the first part, for and in consideration of the sum of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the receipt of which is hereby acknowledged, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of: installation and maintenance of public utilities
with full and free right, liberty, and authority to enter upon and to install, operate, and maintain
such utilities well under, across, through and upon, over, under or within the following described
property located in Palm Beach County, Florida, to-wit:
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the second
party, its successors and assign~of ingress and egress over and on that portion of land described
above, to effect the purposes of the easement, as expressed hereinafter.
* (but not members of the public)
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release of any and all
mortgages or liens encumbering this easement. The party of the first part also agrees to erect no
building or effect any other kind of construction or improvements upon the above-described
property, which, in the reasonable opinion of the party of the second part, encLat~ger or
interfere with safe and efficient installation, operation or management of such utility.
It is understood that upon completion of such installation, all lands disturbed thereby as a
result of such installation or spoilage deposited thereon, will be restored to its original condition
or better without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever c!aimed by, through or undcr it, that it
has good right and lawful authority to grant the above-described easement and that the same is (or wiiI be)
unencumbered. Where the context of this Easement Deed allows or permits, the same shall
include the successors or assigns of the parties.
-' ORB 9937 P~ 1475
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals
the day and year first above written.
(name printed or typed) t-y: t
rin amc: William L. Wallace
WITNESS #2:
~ -Barbara ~riffi~[
(name printed or typed)
STATE OF Flor±da
COUNTY OF Palm Beach
The foregoing instrument was acknowledged before me this 13 day of
June , 1997 by William L. Wallace, Presiden[name of officer or agent, title
of officer or agent) of Wallace Ford, Inc. (name of corporation acknowledging), a
Florida (state or place of incorporation) corporation, on behalf of the
corporation. He/-~is personally known to me
(type of identification) as identification.
Sigl~J{ure of Notary Public
EASECOR. DED N~cOLA A. ROBINSON
N~ary Pu~c. StYe of Florida
Commission $CC380214
· - OR~ 99~7 ;~ 1476
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LOOATION MAP n.t.s.
REmSI~S ~OAIE 5/17/97
~ ~N.BY~ ~.
~O.B~. ~
~etum to: (enclose self-addressed slamped arMdope)
Name
ORB c~1937 Pg 1477
DOROTHY H. MILKEN, CLEJ~ P~ COUNTY,
Prope~ APlxaisms Parcel Identification (Folio) Numbers):
. . SE~)49'49"w ~[ NORTH~,~4~O,LINE
~ WALLACE FORD
S01~21~"~ TRACT "A""
P.O.C.- P~NT O~ COMMENC~4~T
P.O.B.-- P(~NT (3~ BE(~NNING
P. 8. -- PLAT ~
seal.
/
SHEET 2 OF 2
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DEPARTMENT OF PLANNING/AND ZONING "7
FROM: CLAIRE LYTE-~i;RAHAM, PLANNER
/
SUBJECT: MEETING OF AUGUST 5, 1997 **CONSENT AGENDA**
ABANDONMENT OF A PORTION OF A 12' WATER DISTRIBUTION
EASEMENT AND ACCEPTANCE OF A REPLACEMENT EASEMENT
On June 5, 1996, the Site Plan Review and Appearance Board (SPRAB) approved a
minor site plan modification for a body shop expansion and addition of executive offices
to Wallace Ford. A portion of an existing water main was relocated to accommodate
the construction of the executive offices. The 12' distribution easement is being
amended to reflect this relocation.
Prior to the granting of an abandonment the following finding must be made:
· That the abandonment will not result in detriment for the provision of services to
adjacent properties or the general area.
The City's Environmental Services Department is aware of the relocation of the water
main and has no objections to the requested abandonment as a replacement easement
is being provided. The relocation of the water main has not resulted in the disruption of
services to adjacent parcels.
......................................................................................... i' '[' '~'['~'~'"'"'"i'"'"'"'"' '" '" '" ''' ' 'I~ ;'i'~'~'~'~'"'"'"'" ................ '' "'""i'~'~ ;'~ ~ ~ ~ ................. ] [ [ [ [ ' ' [ ............... ii :i: ':i :;: ':' :': ':' ::::::::::::::::::::::::::::::::::::::::: ':' :': ':' :': ':' :':':':':':':':':':':':':" ·
By motion, approve the abandonment of a portion of the water distribution easement
through the enactment of Resolution 56-97, and accept the replacement easement for
the portion of relocated water main.
Attachments:
· Location Map and Exhibits
Prepared by: RETURN:
David N. Tolces, Esq,
C it3, Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this __ day of , 1997, by and between
l/al. lace Ford~ Inc. , with a mailing address of .. P.O. Box 9002~ Delray Beach, FL ,33447-90(
party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100
N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County,
State of Florida, party of the second part:
WlTNESSETIt: That the party of the first part, for and in consideration of the sum of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the receipt of which is hereby acknowledged, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of: installation and maintenance of public utilities
with full and free right, liberty, and authority to enter upon and to install, operate, and maintain
such utilities well under, across, through and upon, over, under or within the following described
property located in Palm Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the second
party, its successors and assigng,'~of ingress and egress over and on that portion of land described
above, to effect the purposes of the easement, as expressed hereinafter.
* (but not members of the public)
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release of any and all
mortgages or liens encumbering this easement. The party of the first part also agrees to erect no
building or effect any other kind of construction or improvements upon the above-described
roperty, which, in the reasonable opinion of the party of the second part, endanger or
nterfere with safe and efficient installation, operation or management of such utility.
It is understood that upon completion of such installation, all lands disturbed thereby as a
result of such installation or spoilage deposited thereon, will be restored to its original condition
or better without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever c!aimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is (or wi_il t
unencumbered. Where the context of this Easement Deed allows or permits, the same shall
include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals
the day and year first above written.
(name printed or typed) Print Name: William L. Wallace
WITNESS #2: .o
~ ~Barbara ~riffi~l~
(name printed or typed)
STATE OF Florida
COUNTY OF Palm Beach
The foregoing instrument was acknowledged before me this 13 day of
June , 1997 by William L. Wallace, Presiden~name of officer or agent, title
of officer or agent) of Wallace Ford, Inc. (name of corporation acknowledging), a
Florida (state or place of incorporation) corporation, on behalf of the
corporation. He/4~is personally known to me or4ms-p~
(type of identification) as identification.
otary l%blic
EASECOR.DED NICOLA A. ROBINSON
Notary Public, State o! Y~da
My CommiSsion Expires June 7,1~
Commission ~CC380214
~v.~- ~ ~ ~ ~ ' I ~,..=, eli r...o~,,, ' : ' ~" ° I~ I ~' ,$E:'/1Z-_:'~f' '
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LOCATION MAP n.t.s.
J~ SHEET 1 OF 2
I I~ 7~1 A ~,I ~.~ a~ ~.. ~ 1~ / SCALE ,-- ~/~
407 - ~2.~1
CKD.BY
~O.BK.
[ WALLACE FORD I PAGE
12' WATER DISTIBUTION EASEMENT,
~ ' - PLATT$ ACRES
~.B. 21, PG. 47)
$89=49'49'W · NORTH LINE ~
284D0'
~'1 . N.E CORNER
~ V~LLACE
o~ ~ (~. 60, ~S.
~ 174-175 )
~ P~ WALLACE FORE)
~0/ TRACT "A" ~
GA~IC SC~ '6.75' / ( P.a ~o,.~s.
.
P.O.C.- P~NT OF C~MENC~ENT
P.O.B.- P~NT OF BE~NNING
P.B. -- PLAT
PGS. -- P~ES
1. ~production* of thI~ ~k~tch ~r~ not v*lid unl~** ~1~ ~th *~ ~o~d
/
2. B~nd~ ~ho~n h~r~on ~r~ not *b~tr*ct~d for R~hg*-of-~ g*~n~ O~n~r~htp~ or
oth*r In~trum~nt~ of
pla~ bearing S 89~ 49' 49" W.
4. The "LAND DESCRIPTION" hereon was prepared by the Surveyor.
5. Data shown hereon was compiled from the instrument of record and does not constitute a
field survey as such.
DESCRIPTION:
A parcel of land lying within the plat of ~WALLACE FORD", according ~o the plat thereof,
as recorded [n Plat Book 60, Pages 174 and 175 of the Public Records of Palm Beach County,
F[orida, being more particularly described as fol[ows:
C~HEHC[~G at the [asternmost Northeast corner of sa~d p[at~ thence S 89~ 49' 49" W, along
the north l[~e thereof, a distance of 284.00 feetl thence S 01= 21~ 19" W, a distance of
186.68 feet to the POINT OF BEGINNINGi thence continue S 01" 21' 19" W, a distance of 6.75
fee~i thence S 24= 34~ 16" N, a distance of 63.82 feetl thence S 65 25' 44" E, a distance
of 78.23 feet; thence N 24= 30' 21" E, a distance of 41.21 feet~ thence S 65~ 25' 44" E, a
distance of 12.00 feeti thence S 24* 30' 21" N, a distance of 53.21 feet; thence N 65= 25~
44" N, a distance of 102.24 feet~ ~hence N 24~ 34~ 16" E, a distance of 73.35 feet~ thence
N 71~ 41" 07" E, a distance of 12.00 feet to the POINT OF BEGINNING.
Said la~ds situate l~ the City of Oelray Beach, Palm ~each County, Florida.
Subject [o Easements, Res[ricti~ns, Reservations, Covenants, and Rights-of-Way of Record.
CERT [ FICATE:
[ hereby certify that the attached Sketch of Description of the hereon described propriety
is true and correct to ~he best of my know[edge and belief as prepared under m}'
on Hay 5, 1997. [ further certify ~ha~ th~s Sketch of Description mee~s the t4i~lmum
Technical Standards set forth in Chapter 61G17-6 adopted/by ~e~lorida Boa=~f_S~y~rs ~_
and Mappers pursuant to Florida Statutes 472.027. %~4~ 6c
R~. ~ Su=v~= 15302
StOol Florida SHEET 2 OF 2
LB 13591
CAU~iE~ & WHEE~ IN ~E~SIONS
I ~~ ~1 A~t~ ~ ~.~ ~ I SCALE
I ~ ~l~. r~ ~ I
CKD.~Y
[ WALLACE FORD 1 PACE ~D.BK. __
12' WATER DISTIBUTION EASEMENT, k~ ~o.