Res 84-97 ~-~1-1~7 le:lS&m 97--426~6
ORB 101~ P~ ~150
RESOLUTION NO. 84-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA. Y BEACH, FLORIDA, VACATING 32XlD ABg2qDONING A
TEN FOOT UTILITY EASEMENT AS SHOWN ON THE PLAT OF
PALM BEACH SHORE ACRES RECORDED IN PLAT BOOK 7 AT
PAGE 38 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 10 foot north/south utility easement
as shown on the Plat of Palm Beach Shore Acres, as more particularly
described herein, said property being located on the south side of
Harbor Court, between North Ocean Boulevard (State Road A1A) and
Andrews Avenue; and
WHEREAS, said application for abandonment of a utility
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
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:
The East ten (10) feet of the West 230 feet of the
following described property:
Lots 6 and 7, Block E, Palm Beach Shore Acres, as
recorded in Plat Book 7, Page 38 of the Public
Records of Palm Beach County, Florida, less the
West 200 feet.
PASSED AND ADOPTED in regular session on this the 18th day
of November, 1997. .~ ~~
V /MAYOR
ATTEST:
~City Cl~rk ;
- 2 - Res. No. 84-97
ANDREWS
WEST L)NE OF
~OTS q AND Z
~' RIGHT-OF-WAY
SOO'O3'47"E ~ ~ 200.00'
.
m
OCEAN BOULEVARD
STATE ROAD A-1-A
(STATE OF FLORIDA R.O.W. MAP - SEC. 93060-2531)
(60'RIGHT-OF-WAY) SHEET 1 OF 2
J ~~ Conl~tin9 [ngineera ~ Lo~d Plennere - Su~evorlI
J ~~ 7~IA Weet P~etto Park R~ - ~lte I~ J J DRNBY DPL
/ ~O BY DPL
/~ Boca Roton. F~rid~ 33433 (561) - 3g2-1gg, l
' lP,~ N?A
~LOTS 5 ANO 6, BLOCK [PALM BEACH SHORE ACRES~ J~ N05~36
DESCRIPTION
~EASEMENT ABANDONMENT SKETCHI OF , ~°wG ~ ,
ORB 1G]1107 Pg 11~5;3
NOTES:
1. Reproductions of this sketch ore not valid unless sealed with on embossed surveyor's
seal.
2. Lands shown hereon ore not abstracted for Rights-of-Way, Easements, Ownership, or
other Instruments of Record.
.3. Bearings shown hereon ore relative to assumed datum
4. The "LAND DESCRIPTION" hereon wes provided by the client.
5, Date shown hereon wes compiled from the instruments of record end does not constitute
a field survey os such.
DESCRIPTION
THE EAST TEN (10) FEET OF THE WEST 230 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
LOTS 6 AND 7, BLOCK E, PALM BEACH SHORE ACRES, AS RECORDED IN PLAT BOOK 7, PAGE .38 OF THE
PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE WEST 200 FEET.
Said lands situate in the City of Delroy Beach,Palm Beach County, Florida.
Subject to Easements, Restrictions, Reservations0 Covenants, and Rights-of-Way of Record.
CERTIFICATE:
I hereby certify thor the ettoched SKETCH OF DESCRIPTION of the hereon described property
is true ,~nd correct to the best of my knowledge end belief os prepored under my direction
on November 10, 1997. I further certify that this SKETCH OF DESCRIPTION meets the
Minimum Technicol Stonderds set forth in Chapter 61G17-6 edopted ~.,v_.t~FIo~d of
Surveyors and Moppers, pursuant to Florida StQtutes 472.027.
~'~'~id P. Lindley, P.L.S.
Reg. Land Surve~r ~5005
State of Florid~
LB 5591
SHEET 2 OF 2
~ ~~&~ REUSIONS DA~ BY O*~ 11/10/97
~~ ~u~g Eng~erl ~ ~d P~nner~ - ~eyorl I K~ AS SHO~
· ~ 7~IA Wilt Pol~tlo Po~ R~d - S~te I~ / DRN.BY DPL
TM ~ Roton, R~ 33433 (561) - 392-1991 I ~O.BY DPL
~.BK.
PA~ N/A
~ ~0. 3236
I EASFMFN1 ABANDONMENT SKETCH OF DESCRIPIlON
ORB 18187 Pg 1154
I)OROTHY H. IIILKEH, CLERK PB COUHTY. FL
£1T¥ DF DELRFI¥ BEFI£H
DELRAY BEACH
~ . o_. ~ ..~ CITY CLERK 4oo ,.~,. ~s. ^v~.uE · DELR^~ B~^o.. FLOR.D^ 33.4. 40~,~3-,000
Ail-America City
1993 C ~ 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. 84-97, as
the same was passed and adopted by the Delray Beach City
Commission in regular session on the 18th day of November, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
20th day of November, 1997.
A1 i ~h ' M~{dG~eg-o~/Har ty !
City Clerk
City of Delray Beach, Florida
THE EFFORT ALWAYS MATTERS
Print~d on Recycled Paper
MEMORANDUM
TO: Celeste McDonough, Administrative Assistant
FROM: Alison Harty, City Clerk~
SUBJECT: Resolution No. 84-97 (Easement Abandonment for Delra¥
Ocean Estates North)
DATE: November 20, 1997
Attached is a certified copy of Resolution No. 84-97 which was
passed and adopted by the City Commission on November 18, 1997.
It is ready to be recorded.
Please return the original recorded document to me, with a copy
to Jasmin for her files and a copy to Randal Krejcarek, City
Engineer, in Environmental Services.
Thank you.
AMH/m
Attachments
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~D- REGULAR MEETING OF NOVEMBER 18, 1997
RESOLUTION NO. 84-97 (EASEMENT ABANDONMENT FOR DELRAY
OCEAN ESTATES NORTH)
DATE: NOVEMBER 13, 1997
Resolution No. 84-97 abandons a 10 foot utility easement that
runs north/south through the property proposed to be developed as
a five unit single family subdivision platted as Delray Ocean
Estates North. The property is located on the south side of
Harbor Court, between North Ocean Boulevard (A1A) and Andrews
Avenue. The City Commission approved the final plat for the
project on August 19, 1997.
The easement to be abandoned was granted to the City in 1965 to
accommodate the installation and maintenance of utility pipes.
There are no existing utilities within the easement. Pursuant to
the requirements of LDR Section 2.4.6(P), the City Engineer has
reviewed the proposed abandonment and has forwarded a
recommendation of approval, based upon positive findings, to the
City Commission.
Recommend approval of Resolution No. 84-97, based upon positive
findings pursuant to Section 2.4.6(P) of the Land Development
Regulations.
ref:agmemo8
Agenda Item No.:
AGENDA REOUEST
Date: 12-Nov-97
Request to be placed on:
~ Regular Agenda
Special Agenda
__ Workshop Agenda When:__l 8 Nov 1997.__
Description of item (who, what, where, how much)
Approval/authorization to abandon ten foot (10') utility easement for Delray Ocean Estates North. This easement
was deeded to the City for utility purposes. See attached survey.
Funding sourCe for this projeCt is Account No,
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YEE,rNO
Recommendation: Staffrecommends approval.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agend~O ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agenda.doc
City Of Delray Beach. Department of Environmental Services
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Randal L. Krejcarek, P.E., City Engineer
DATE: 12-Nov-97
SUBJECT: Easement Abandonment
Delray Ocean Estates North
The attached agenda item is for the abandonment of a ten foot (10') utility easement that runs
north-south across the subject property. This easement was granted exclusively to the City.
The City has no existing utilities within the subject easement.
I am requesting that this item be added to the 18 Nov 1997 Commission meeting agenda for
approval.
Thanks!
enc
cc Richard Hasko, P.E., Acting Director of Environmental Services
Howard Wight, Deputy Director Construction
City Manager File
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p~f~y o~ the ~lr~ paf~,
co.oriSon 1~ ~a~ ~emch ~ty,
dera~Aofls to At An hand paAd bM
the zecelp~ vhereo~ Aa hereby
· hgo~gh the ~oll~lng demcr~bed p~opert~ in ~a~ 9each ~unty,
rloridu, to ~ltf
Tho ~:o~c ten (10) feec of ~e Weo~ 2)0 ~eec o~ the folJowln~
da~cr~ b~d proper cy:
fdJ 7-38, Le~s the ~esc 2~ ~eet
~leturbed ~hereby ed a ~e~/t et /nltallaClOn Or I~oLlage dapoo~te4
thereon, vii1 be restored to ~el~ orig~al con~ofl oF better;.
said ~
signed and sealed the~o pzeeentf ~e day and year. ft~me ~ve ~l-~-
~n th~ presence o~t
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Accepteds
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