Res 04-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, EXPRESSING ITS CONSENT TO PALM
BEACH COUNTY'S ABANDONMENT OF THE INGRESS AND
EGRESS EASEMENT ACROSS LAKE IDA ROAD AND LAKE IDA
PARK AS MORE PARTICULARLY DESCRIBED IN THE EXHIBITS
TO THE PETITION TO ABANDON EASEMENT, ATTACHED TO
THIS RESOLUTION, PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City of Delray Beach has been requested to give its consent to the
abandonment of an ingress and egress easement as described in the petition to abandon easement attached
hereto as Exhibit A and incorporated herein, said land being generally located across land between Lake
Ida Road and Lake Ida Park.
~. The City Commission hereby gives its consent to the abandonment of the
easement described in the attached Petition for Abandonment of Easement.
Section 3. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED in regular session on this ~3,ea/day of
1996.
AT'TEST: //, / l ,
City Clerk ~' .... / --
~ -' PETITION TO ABANDON EASEMENT
TO: BOARD OF COUNTY COi~,tlSSIONERS, PALM BEACH COUNTY, FLORIDA
The undersigned hereby petitions the Palm Beach County Board of County Commissioners to
vacate, abandon and discontinue the ingress and egress easement across land between Lake Ida
: Road and Lake Ida Pa~k, more particularly described below and to renounce and disclaim any
'l easement of the County and the public in and to any land in connection therewith.
The undersigned hereby certifies: :'
.:';:r:. ~ 1. 'That the legal description of the petition site is attached (Exhibit 1). Note that the
petition site constitutes less than the entire easement area. The undersigned has no
interest in the portion of the easemeat area lying south of Lake Ida Road or in the portion ·
of the easement area lying within Lot 27, Amended Plat of Isles of Delray Section 2 (Plat
Book 71, Pages 58 thru 62).
2. That title and interest of the County and the public in and to the easement was acquired
and is evidenced by Palm Beach County Deed, as recorded in Official Record Book
..%
1659, Pages 938 through 940, of the Public Records of Palm Beach County, Florida.
Note that the 50' drainage easement depicted on the survey sketch referenced below in
Section 3 has previously been abandoned pursuant to Resolution No. R-80-270, recorded
in Official Record Book 3451, Page 207, of the Public Records of Palm Beach County,
Florida (Exhibit 2).
3. That attached hereto is a sealed survey sketch and description accurately drawn and
..- legally describing the easement to be abandoned (Exhibit 3).
4. That attached hereto is a location map which clearly and legibly identifies the location
. of the petition site in relation to the nearest public right-of-way and all affected properties '-
~ .
(Exhibit
' 5. That attached hereto is a listing which clearly and legibly identifies the ownership,
:"i? ""':" including correct mailing addresses and legal descriptions of the affected prol~rties
:-,~ '! ~, . ;: (Exhibit 5).
/ ":. f":. - ', 6. That attached hereto is an affidavit attesting to the validity of the ownership listing of the
,!:'"". _ "'~ affected properties (Exhibit 6).
-..i;~-,'.' -
~ 7. That attached hereto is the approval of, or consent to, this petition by the utility
: companies and departments providing service to or within the petition site and/or the
I drainage district having jurisdiction over the petition site (Bell South
~ Telecommunications, City of Delray Beach, Florida Power & Light and Lake Worth
........ / Drainage District) (Exhibit 7).
;~! ,
'.~ 8. That the following constitutes a complete and accurate schedule of all owners abuttln~
.:..): .: ..
- .i!~ the petition site:
· ,.? ~
.Z NAME [ ADDRESS DESCRIFI'ION OF
L~'[ PROPERTY
.,. ~ .:-.. ,:.-:7..~:i Delray Islands, Inc. 1808 Rittenhouse Sq. Property lying North and East of
· - .~:.;~ (PETITIONER) philadelphia, PA 19103 petition site as shown on survey
' "~ (Exhibit 2)
· :: Palm Beach County 301 North Olive Avenue Lake Ida Road lying South of
- '~ West Palm Beach, FL 33401 petition site
....: Lake Worth 1308 N. Military Trail E-4 Canal lying West of petition
-~ Drainage District Delray Beach, FL 33484 site
~ -: Perry, Anthony P. 605 Enfield Court Lot 27, Blk 4, Isles of Delray
· ~i!~ and Jeannette E. Delray Beach, FL 33444 Section 2 Amended Plat
~ ,
The owners above, other than Palm Beach County, have signed a notarized statement
consenting to the abandonment of the subject easement and those consents are attached
::-;i~ hereto and made a part hereof (Exhibit 8), except for the consent of the Perrys, which
-,. has been requested. There are no other property owners abutting the easement
· ~ abandonment area.
-:' 9. That in the event this petition is granted, the vacation of the subject easement will not
, - 2::::
. _..? - ~ adversely affect other property owners.
:~ ' )' -.' - :::;! i 10. That the petition site is not a part of any state or federal highway and was not acquired
.' :.:, ~ .
.~ . ;-,'. or dedicated for state and federal highway purposes; and that such easement is under the
...... · :~,.'!', control and jurisdiction of the Board of County Commissioners.
· : !' :-'!:'.' '"'i:"-.i 11. That proof of publication of 'Notice of Intent' is attached hereto and made a part hereof
' -:'~..: (Exhibit 9).
' ~'.~' :::'.]: 'i
i':~.r. 'i::. ':, '..
j .:: ~........... :. ~::- 12. , That the petitioner's ownership and/or interest ia and to the petition site is evidenced by
:,'/ i.' i"'~."
' ' :' '" ' :" an instrument recorded in Official Record Book 3854; Page 471, of the Public Records
: -. -..;.,~:: · , .
.... :'-'v'i.. i!
· :"..i':i~.' :' - .
.~..,
- ~ of Palm Beach County, Florida. A certified copy of that source iasm~ment is attached
.... ¢'::~- .,~ ~ hereto (Exhibit 10). r~."
: 13. That attached hereto arid made a part hereof is evidence of payment of all 1994 and prior
::'~ .:i. : taxes on said property (Exhibit 11). [.'
- 14. That the easement to be abandoned lies within the corporate limits of the City of Delta7 ~:-
.....':.-.' :'":. Beach. However, due to the specific nature of the easement, the City has no righl~ under
:~'~ ' - :~ .] the easement to be abandoned and, therefore, consent ia the form of a resolution or
J, ordinance from the City of Delray Beach is not required. A let~r of no objection from ..
;
' ! the City is attached as Exhibit 7 (see Section 7). ~ '' ......
;-4' '.'- .... 15. That this petition is not subject to a privilege fee, as per Section V.(6).a. of Palm Beach : '
?.~' .-.. : County Ordinance No. 86-18. The petitioner is the fee simple owner of the property [: .
'- subject to the easement to be abandoned and, as such, i~ not requirext to submit a !-'
.~..-_
; privilege fee. Please refer to justification statement (Exhibit 12) for further elaboration. ;-"-
16. That this petition is not subject to the restrictions of Section V1 (Access To Water) of
: '.,'. Palm Beach County Ordinance No. 86-18. Please refer 'to justification statement
(Exhibit 12) for further elaboration.
17. That this abandonment petition is limited to the specific purpose easement and will not
impact in any way that portion of the right-of-wa7 of Enfield Road and Enfield Court,
· ' as shown on the AMENDED PLAT OF ISLES OF DELRAY SECTION 2, Plat Book
71, Pages 58 thru 62 of the Public Records of Palm Beach County, lying within the
-- specific purpose easement area.
18. The undersigned submits as grounds and reasons in support of this petition the statement
-" of justification for easement abandonment set forth in Exhibit 12, attached hereto.
"'-':'- - Name: C-_¢~rt Gol,:tst~i.¢
· ':' :.'(' ':. 7 Tide: President
:::.. ~ '( ~ ... :
· f..-.~!'. , ~ tco~oP,~'m sF.x~l ~. :
',' '"' ' ' ' Address: 1808 Ritlenbouse Square :.
- .:V¢?.'- ' ' Philadelphia, PA 19103
COUNTY OF PALM BEACH )
:- .-" The foregoing instnm~ent was acknowledged before me this ~ day of November, 1995
by Gilbert Goldstein, as President of Deh-ay Islands, Inc., a Florida corporation, on behalf of ~.' '
~.. said corporation.
_ . . :- [NOTARIAL SEAL]
· ":' ' '~' ' '~ Notary Public, State of Florida
My commission expires:
.;~ ---- [~ersonally Known OR [] Produced Identification !-v :-.-'
Typ of Ide fificafion P od ced
.
I i nr .... ~i I~ f I Il
Con su [ t ) n 9 £n 9; n eers, P [unn ers, Surveyors
6100 t)ou[evord oF Champions
North Lauderd~[e, Florida 33 068
(305> 969-5100
FAX (305) 969-9680
SKETCH AND LEGAL DESCRIPTION
OF EASEMENT TO BE ABANDONED
DATED 10-12-95
LEGAL DESCRIPTION:
INGRESS - EGRESS EASEMENT TO BE ABANDONED, AS RECORDED 'IN O.R. BOOK
1659, PAGES 938/940, OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA~
BEING A PORTION OF SECTION 8, TOWNSHIP 46 SOUTH, RANGE 45 EAST, PALM BEACH
COUNTY, FLORIDA. AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
SOUTH 1/2 OF NE 1/4 OF SW 1//4 OF SW 1/4 OF SECTION 8, TOWNSHIP 46
SOUTH. RANGE 45 EAST, LESS RIGHT-OF-WAY OF LAKE WORTH DRAINAGE
DISTRICT E-4 CANAL, LESS AND EXCEPT A PORTION OF LOT 27, AMENDED PLAT
OF ISLES OF DEl_RAY, SECTION 2, AS RECORDED IN PLAT BOOK 71, PAGES 58 ..
THRU 62 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. ''
AND:
THAT PART OF THE NW 1//4 OF THE SW 1//4 OF THE SW 1/4 OF SECTION 8,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING EAST OF THE RIGHT OF WAY OF
LAKE WORTH DRAINAGE DISTRICT E-4 CANAL AND NORTH OF THE RIGHT OF WAY "
OF LAKE IDA ROAD.
AND:
THAT PART OF THE SE 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 8,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING NORTH OF THE RIGHT OF WAY
OF LAKE IDA ROAD.
GENERAL NOTES:
1: THIS SKETCH AND LEGAL ARE BASED UPON THE LEGAL DESCRIPTIONS SHOWN
HEREON AND INSTRUCTIONS PROVIDED BY THE CLIENT.
2: MEASUREMENTS SHOWN HEREON ARE EXPRESSED IN FEET AND DECIMAL
PARTS THEREOF.
3: DIMENSIONS SHOWN ARE TAKEN AT THE EXPOSED AREAS OF IMPROVEMENTS
4: BEARINGS SHOWN HEREON ARE BASED ON THE RECORD PLAT OF ISLES OF DELRAY
AMENDED IN RECORD PLAT , BOOK 71 PAGES 58 THRU 62
5: EXISTING UTILITIES AND EASEMENTS LOCATED IN ISLES OF DELRAY WERE LOCATED WHERE
FOUND, THERE MAY BE OTHER UNDERGROUND SERVICES NOT LOCATED BY THIS SURVEY.
6: AREA TO BE ABANDONED = 7.96 ACRES, MORE. OR LESS.(346752.4 SQ.FT.)
__ EXHIBIT 1
AUTO CADD FILE: NO. 94064-8,DYG SH£~T ND.
Con su t t I n 9 En 9 1 n eers, P ~ ~n n ers, Surveyors
GlO0 t)outevord o~ Champions
North Lauderdate, Ftorlda 33068
(305) 969-5100
FAX (305) 969-9680
-~ / ~ -~T~~
~1~ ,,.,:- ' ~ / .,..-~.~-
/~ ~ //
/ /~]h ,"& ,'?~ X /
~ I~r, ?.'
.
SU~ORS CE~BCA~ ~ ~' ~ ~
I HERE~Y CERTIFY THAT THE ABOVE REFERENCED ~KETCH OF
SURVEY ~D THE L~O~ D~SCRIPTI~N ON ~HICH IT IS BASED
I$ TRUE ~D CORRECT TO THE BEST OF MY KNOWLEDGE AND
BELIEF, AS PREPARE~ UN~[~ MY DIRECTION AND SUPERVISION
I FURTHER ~[RTIFY THAT TH:$ SKETCH C~MPLIE$ ~ITH THE
NINIMUN ~CHNICAL STANdARdS ~STADLISHED BY ~HAPTER 61-G17-6
OF THE FL~IDA ADMINISTRATIVE CODE,
RALPH D.~TES, INC.
FLORIDA REG. NO. 4037
-- EXH~BZT 2 -- 'NOT A DO~DARY
Consu~ln9 Engineers, P~nners,Surveyors
" 6100 ]~oulevord oF Chomplons
North Lmudepd~le, Fiorid~ 33068
(305> 969-5100
FAX (305) 969-9680
SKETCH AND LEGAL DESCRIPTION
OF EASEMENT TO BE ABANDONED
DATED 10-12-95
LEGAL DESCRIPTION:
INGRESS - EGRESS EASEMENT TO BE ABANDONED, AS RECORDED IN O.R. BOOK
1659, PAGES 9.'.38/940, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA...
BEING A PORTION OF SECTION 8, TOWNSHIP 46 SOUTH, RANGE 4..3 EAST, PALM BEACH
COUNTY, FLORIDA. AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
SOUTH 1/2 OF NE 1/4. OF SW 1/4 OF SW 1/4 OF SECTION 8, TOWNSHIP 46-
SOUTH, RANGE 4.3 EAST, LESS RIGHT-OF-WAY OF LAKE WORTH DRAINAGE
DISTRICT E-4. CANAL, LESS AND EXCEPT A PORTION OF LOT 27, AMENDED PLAT
OF ISLES OF DELRAY, SECTION 2, AS RECORDED IN PLAT BOOK 71, PAGES 58 -. --
THRU 62 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
AND:
THAT PART OF THE NW 1/4. OF THE SW 1/4. OF THE SW 1/4. OF SECTION 8,
TOWNSHIP 4.6 SOUTH, RANGE 4.,.3 EAST, LYING EAST OF THE RIGHT OF WAY OF
LAKE WORTH DRAINAGE DISTRICT E-4. CANAL AND NORTH OF THE RIGHT OF WAY "
OF LAKE IDA ROAD.
AND:
THAT PART OF THE SE 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 8,
TOWNSHIP 46 SOUTH, RANGE 4..3 EAST, LYING NORTH OF THE RIGHT OF WAY
OF LAKE IDA ROAD.
GENERAL NOTES:
1: THIS SKETCH AND LEGAL ARE BASED UPON THE LEGAL DESCRIPTIONS SHOWN
" HEREON AND INSTRUCTIONS PROVIDED BY THE CLIENT.
2:MEASUREMENTS SHOWN HEREON ARE EXPRESSED IN FEET AND DECIMAL
PARTS THEREOF.
3: DIMENSIONS SHOWN ARE TAKEN AT THE EXPOSED AREAS OF IMPROVEMENTS
4: BEARINGS SHOWN HEREON ARE BASED ON THE RECORD PLAT OF ISLES OF DELRAY
AMENDED IN RECORD PLAT . BOOK 71 PAGES 58 THRU 62
5: EXISTING UTILITIES AND EASEMENTS LOCATED IN ISLES OF DELRAY WERE LOCATED WHERE
FOUND. THERE MAY BE OTHER UNDERGROUND SERVICES NOT LOCATED BY THIS SURVEY.
6: AREA TO BE ABANDONED -- 7.96 ACRES. MORE OR LESS.(346752.4 SQ.F'r.)
AUTO CA913 FILE ND. 94064-8.DVG SHEET NO. ! DF E
"- -:'- RESOLUTION HO. R-80-~7o ....
-: ':~;-. ' " ":: RESOLUTION ABANDONING A CERTAIN 50 FOOT DRAINAGE
;-~":~'** '~' EASEI~ENT KNO~/N AS JEFFERSON MANOR DRAINAGE EASE-
" : ' MENT LYING NORTH OF LAKE IDA ROAD WITHIN THE SOUTH- , ~ .
.'iv i: '.?'~' ' ,.;.., WEST QUARTER OF SECTION 8, TOI~NSHIP 46 SOUTtl, RANGE -~..---'
43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, ; - *
-- FLORIDA, AS RECORDED I~ OFFICIAL RECORD BOOK 1659,
. ,'.., PAGES 938 THROUGH g40, OF THE PUBLIC RECORDS OF
· ..= . .. PALM BEACH COLelTy, FLORI DA, ,' ' ....
~..-L-',~ - ',-
-' - WHEREA~, The Board of County Cm~isstoners of Palm Beach County' ::'
- .. -- ,,.: Florida, pursuant to authority in Sectton 336.09, Florida Statutes and
.. "'- Ordinance No. 71-3, known as the Palm Beach Road Abandonment and Pla~ Vacatl~
Ordlnal~ce, and upon the petition of Southem Leaseholds I~corporated. called
- J a public hearing to be held In the County C~nmlsslaners Chambers, at the Palm
. .: Beach County Courthouse, West Palm Beach, Florlda, on Februar~ 19, 19B0, to
conslder and determine whether or not Palm Beach County would vacate, abandon.
d~sconttnue and close, renounce and dtsclalm any rtght or interest of the
'- County .to the herein described drainage .easement; and ~' ' .
~/HEREAS, In accordance with Ordinance Ho. 71-3, nottce of the
holding of such meettng was duly published tn the Palm Beach Post/Times on "
.:. February 3, lg80 and Februar~ 10., 1980; and
~ WHEREAS, this Board dtd hold satd hearing as advertised and
\~-~. determined that such action wtll not materially Interfere ~tth the County, ~:-''
State or Federal highway; '.
WHEREAS, the Clty Council of the Ctty of OelraLy Beach adopted ' ..
,..--..-- Resolution No. 2-79, consenting to the vacation and abandonment of said
~"
;: easement subject ~:o and co'ndtttoned upon an agreement described as Exhibit "A"
.'L of said resolution:
:. .... ..... -...-,. ~ ... .
· : .:- HOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
.~'~ il "iid-''' COPHISSIOflER5 OF PALM BEACH COU~ITY, FLORIDA, THAT;
... ~ . e.... 1. The foregoing recitals are hereby affirmed and ratified.
~-.~- .,; - ~
. ~. e,a 2. The following described drainage easement ts hereby ~; .
.- ..::?..,..:; n_ abandoned and closed as a public easement, and thts Board does hereby
'.:'"-*' ~'/; ~ renounce and dlsclatm an~ rtght or tnterest of Palm Beach County and the
Public In and to the following described drainage easement: .
~XH[nZT 3
; ~O'd ~O'ON ZO:8I S6,~I 33Q ~9-SS9-ZO~:QI DI~nU~i 9~38N33~9
· ,-:i-~- .... . .... ¥; .......
.~:~ ..~ Th~ ~o~h fifty f~ ~nd th~ [~t flfty f~t of
South half of the Northeast Qua~er of the Southwest
'?' - -' sh~p 46 South, Range 43 East and; ~..' '
:. ~ . Quarter of the Sout~est Quarter of the Southwest
..L..~- ..... Quarter of Sectton 8, T~nshlp 46 South, Range ~3
.~ ~: · East, lying North of Lake Ida ~ad and;
' .. BE IT FU~HER RESOLVED, that the ~cordatlon of thts ~salutlon
'-' :'"-:'~' "~':' "~ Into ~e 'Official Records of Palm Beach County, ~ortda ts ~l~held until ~' "
.;¥.~. ~ the following conditions have been ~attsfactortly fulfilled by the petitioner,
~'"7
~"~' 1. ~lthtn ~he dedlcato~ language placed ~ the Plats of the [~'-"'
' ' L-'.' · L
' . Isles of ~lr~ shall be a statemen.t to the effect that ~e canals and
" drainage ease~nts, as sh~n a~ he,by dedicated to the Zsles of Oelr~
Property Owners Association and are the perpetual maintenance obligations of '"
satd association. Provided, he, ever, that said canals and dratnage easements
as sho~n, shall provide perpetual uninterrupted dratnage flo~ for Lake Ida
~' Road ~nd all appropriate governmental authorities shall have lngr~ss and egres!
r .' rights to assure said perpetual uninterrupted drainage flo~.
'- g. The Property Owners Association documents shall specifically ..
.. ' provtde for maintenance of such canals and dratnage easement and, if not
- '- properly maintained, appropriate governmental agenctes shall have the right ....
-:". . to ingress and egress for maintenance and assess costs of such maintenance
against the sald association.
~//'/2::-- The alternate drainage canals shall be constructed and in
oper. ati on. '
.--'? 4. 'Said plat dedtcatton and property O~ners Association
:'~ .'.-'.i-: ' documents $hall be submitted and approved by the County Attorney's Office.
Notice of the adopt(on of this resolution shall be published
· -.' .' .; ' once in the Palm Beach Post/Times within thirty (30) d~ys of the date of
-.~.'_ ~..i. '- adoption of this resolution in accordance ~th Section 336.10, Florida
.?-" Statutes, and Ordinance No. 71-3.
:? ' ..~ The foregoing resolution ~as offered by Con~tsstoner
WhO
moved
The
n~tton
~"~ ...;/ .! adoption, was seconded by Commissioner
/' .'.," . ~ o and upon being put to a vote', "the vote was as follows:
.... -- DENNIS P. KOEHLER
~r~ FRANK FOSTER Aye
;'~'"'~' ~'~ PEGGY B. EVATT AYe
'..'; ' e~ NORMAN R. GREGORY Absent
: BILL BAILEY Absent
EXHIBIT 3 ,'
Pa~e 2 of 3
'~. £O'd g~O'ON 80:8I S6,~ D30 gEgg-ss9-ZO~:OI 9I~NUUI 9U3GN33~9
- : ~ ,' ~ :
;.
The Chatman thereupon declared the resolution duly passed and
adopted this lgth d~ of February, 1980.
~ PALM BEACH COU~Y, ~ORIDA, BY
~ .... ;j ITS BOARD OF COUNTY CO~XSSI~ERS
. j dOHN B. DU~E, Clerk ..-..:-.,-~,~ ·
...~ -~' ¥:'j .... . :' ~ .... '... k -~., i ~,.:. '..>
· . ,.'- .; .~ L~'
.. :_ ( ~pu~ Clerk
.. ,,.. . . :. /~ ..,
· :... . .:~.'.
:' .... '! APPROVEO AS TO FORM ~0 .
LEGAL SUFFICIENCY :.::' '.~ ~ ~
C~unty Att~ey / '
LOCATION MAP -
SPECIFIC PURPOSE EASEMENT AREA
EXHIBIT 4
Exhibit 5
Abandonment Petition - Affected Property Owners (w/in 300'of Easement Area)
Isles of Delra¥ Section 2
No.
on Property Name and Address Legal
Map Control Number of Property Owner Description
1 12-43-46-08-21-000- Delray Islands Inc. SUB 8-46-~3
1710 c/o Gilbert Goldstein LT 18 (LESS S 200
FT OF E 260 FT &
1808 Rittenhouse Square N 468.33 FT OF
Philadelphia, PA 19103 3oo Fl3 & TH PT
OF N 1/2 OF LT 19
LTG N OF LAKE
IDA RD (LESS E
1/2 & TH PT IN
PB40P132)
2 1243-46-08-29-007- Delray Islands Inc. ISLES oF
0000 c/o Gilbert Goldstein DELRAY SEC 2
1808 Rittenhouse Square AMND TR G
Philadelphia, PA 19103
3 1243-46-08-29-08-0000 Delray Islands Inc. ISLES OF
c/o Gilbert Goldstein DELRAY SEC 2
1808 Rittenhouse Square
Philadelphia, PA 19103
4 1243-46-08-21-000- Delray Islands Inc. sUB 8-46-43 NLY
1720 C/O Gilbert Goldstein 191.44 FT OF WLY
1808 Rittenhouse Square 523.70 FT OF W
1/2 OF LT 19 LYG
Philadelphia, PA 19103 s OF & ADJ TO
LAKE IDA RD
5 12-43-46-08-21-000- Wright, Willie L. & Em J. SUB 8-46-43
1560 106 NW 12th Avenue s 15o FT OF W 1/2
Delray Beach, FL 33~.~. OF LT 19 (LESS $'
20 FT, W 20 FT &
E 20 FT)
6 12-43-46-08-00-000- Church of God in Christ of 8-46-43, ELY 100
7050 America Jurisdiction of FLA FT OF SE 1/4 OF
139 NW 5th Ave sw
LYG S OF LAKE
Delray Beach, FL 33~.d~ mA RD (LESS
ADDL 14 FT
k'PS~SPRIt16*~I~$\72115.\I2646.(~IO00\IOI16195
No.
on Property Name and Address Legal
Map Control Number of Property Owner Description
7 12-4346-08-27-000- Church of Christ at 125 SW 15th LAKE WA ROAD
0000 Avenue Inc. CHURCH OF
CHRIST ALL OF
1300 Lake Ida Road
PLAT
Delray Beach, FL 334~.~.
8 124346-08-00-(X)0- Super Natural Deliverance Church 84643, E.lt2 OF
7020 of Christ SW 1/4 OF SW 1/4
OF SW 1/4 (LESS
455 Depot Avenue
E-4 CNL R/W,
Delray Beach, FL 33~.~.4 LAKE IDA RD
R/W, 1-95 RD R/W
&s
9 12434648-29-004- Delray Islands Inc. ISLES OF ., '-
0130 C/O Gilbert Goldstein D£m~,¥ SE¢ 2
AMND LT 13 BLK
1808 l~itt~13hou~ Squa~ 4
'Philadelphia, PA 19103
10 12-43-46-08-29-004- Delray Islands Inc. ISLES OF
0140 c/o Gilbert Goldstein DELRAY SEC 2
AMND LT 14 BLK
1808 Rittenhouse Square
Philadelphia, PA 19103
11 1243-46-08-29-004- Delray Islands Inc. iSLES OF
0150 C/O Gilbert Goldstein DELRAY SEC 2
AMND LT 15 BLK
1808 Rittenhouse Square 4
Philadelphia, PA 19103
12 12-4346-08-29-004- Cosentino, Ross P. & Shirley A. iSLES OF
0260 625 Enfield Court DELRAY SEC 2
Delray Beach, FL 33444 AMND LT 26 BLK
4
13 1243-46-08-29-004- Perry, Anthony P. & Jeannette E. ISLES or
0270 605 Enfield Court DELRAY SEC 2
Delray Beach, FL 33~.44 AMND LT 27 BLK
4
14 12-43-46-08-00-000- Delray Islands Inc. 846-43, TRGLR
7090 c/o Gilbert Goldstein PARCEL LYG IN
1808 Rittenhouse Square ~ I/4 OF NE I/4
OF SW 1/4 OF SW
Philadelphia, PA 19103 1/4 (LESS TH PT
IN PB40 P132)
k'PB\~I~GT~O~PtB\72115.XI26~6.0~lOOO\lOIl&tgS -- 2 '
FOR SPECiFiC PUg~OSE F, LS~ LBAliDO~ PETITION
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority, personally appeared
~,~ ~¢~~,~ who, after being sworn,
stated the following:
1. That I have prepared the complete list of all owners of
affected prgperty, their mailing addresses, and. the legal
descriptions of those properties within three hundred (300) feet of
the Petition Site as set forth in the 1994 Official Tax Roi1. As
such Exhibit "4" is attached to the Petition to Abandon.
2. That to the best of my knowledge, said list is complete
and accurate.
Barbara J(~ S~ri~g..~~
The foregoing instrument was acknowledged before me this
day of October, 1995, by Barbara J. Springthorpe.
..... ~. = Notary Public, state of ~(~'-~.
"h'l!~i~'~roduced Identification:
EXHIBIT 6
t
Oc;ober 2'7, 1995
Barbara $. Springthorpe, AIC_P
C,~eenhe~g Traurig
P.O. Box 20629
W. Palm B~c~, ~ 33416-0629
RE; abandonm=t of spe~-ific purpose easement at Lake Ida Park
Dear Barbara:
I have reviewed the proposed master aad/or site plan for the above described property and have
no objections to the abandonment of the specific purpose easement for Palm Beach County as
long as this will not effect our utility easements along either side o£Enfield Court. We do have
facilkies in these u~tity casements and we must maintmn service.
If you have any questions, call me at (407) 732-2646
Yours truly,
Lynn Thompson
Specialist - Outside Plant En~in~-,~-ing
EXHIBIT 7
Page I of 5
DELRAY BEACH
~ EhlI,'IRONI',iSI'~TAL SERVICES Dr-~'~r"'r~',~i'., ,.-.. , .,. ' - -'
~ll-,~erica City
1993
Barbara $. Springthorpe, AICP
Project Plarmcr
P.O. Box 20629
West PalmBeach, Florida 33416-0629
Re: Easement Abandonment Delray Islands
Dear Ms. Sprmgthorpe:
I have received the request for the abandonment .of the ingress - egress easement on the above pmpeny.
The City of Delray Beach has no objections to thc proposed abandonment
Since.rely,.,
C. D.°,nvers Beat~y, P.E.
City Engineer
EXHIBIT
--' ---- Page 2 of
Barbara J. Springthorpe, AICP
Project Planner
P.O. Box 20629
West Palm Beach, FL 33416-0629
Dear Ms. Springthorpe: 10/13/95
Re: Easement Abandonment Delray Islands
I have reviewed the request for the abandonment of the ingress -
egress easement on the above property.
Florida Power and Light has no objections to the proposed
abandonment.
S~ncerely,
Louis Zorzi
Sn. Designer
Florida Power And Light Company
9293 Military Tr.
Boynton Beach, Fl. 33437
EXHIBIT 7 __
Page 3 of 5
I! !
LAKE WORTH DRAINAGE DISTRICT
CONSENT TO EASEMENT ABANDONMENT
The Lake Worth Drainage District ("LWDD"), as an abutting
property owner as defined in Palm Beach County Abandonment
Ordinance No. 86-18, hereby consents to the abandonment of the
specific purpose ingress and egress easement across land between
Lake Ida Road and Lake Ida Park, legally described on Exhibit "A"
and contained in Palm Beach County Deed of May 7, 1968, as recorded
in Official Record Book 1659, Pages 938 through 940, Public Records
of Palm Beach County, Florida. .~~ ~~~
DISTRICT
STATE OF~~~4~/~. )
) SS:
COUNTY OF )
The~ fo.regoing instrument ~as acknowle~ge~ before me this
of LAKE WORTH DRAINAGE DISTRICT, a Florida not-
for-profi~ corporation.
[NOTARIAL SEA. L] Print Name: ~-~ ~ /~_
Notary Public, State of
My commission expires:
~Personally Known OR [] Produced Identification Type of Identification Produced
d~9% SP~ I NG'r~GRI~B'~ 71 ? 8~, 1%126d6. 041000%10,'04/9~
EXHIBIT 7
Page 4 of 5
EXHIBIT ~Am
LEGAL DESCRIPTION OF SPECIFIC PURPOSE EASEMENT
South 1/2 of NE 1/4 of SW 1/4 of SW 1/4 of Section 8, Township 46
South, Range 43 East, less right-of-way of Lake Worth Drainage
District E-4 Canal, less and except the North 50 feet and the East
50 feet thereof; and
That part of the NW 1/4 of the SW 1/4 of the SW 1/4 of Section 8,
Township 46South, Range 43 East, lying East of the right-of-way of
Lake Worth Drainage District E-4 Canal and North of the right-of-
way of Lake Ida Road; and
That part of the SE 1/4 of the SW 1/4 of the SW 1/4 of Section 8,
Township 46 South, Range 43 East, lying North of the right-of-way
of Lake Ida Road, less and except the East 50 feet thereof.
EXHIBIT 7
Page 5 of 5
LAKE WORTH DRAINAGE DISTRICT
CONSENT TO EASEMENT ABANDONMENT
The Lake Worth Drainage District ("LWDD"), as an abutting
property owner as defined in Palm Beach County Abandonment
Ordinance No. 86-18, hereby consents to the abandonment of the
specific purpose ingress and egress easement across land between
Lake Ida Road and Lake Ida Park, legally described on Exhibit "A"
and contained in Palm Beach County Deed of May 7, 1968, as recorded
in Official Record Book 1659, Pages 938 through 940, Public Records
of Palm Beach County, Florida. ,~4~ ~~~
woR DISTR CT
) SS:
COUNTY OF )
Th~ foregoing instrument WeS ac~nowle~g~ before me this
~ay of f~u~4 ., 19~5-by F~z4,~ J. iJ~ , as
/~. ~~ of ~WOR~D~INAGE DISTRICT, a Florida not-
for-profi6 co~oration.
Nota~ P~lic, State of
My commission e~ires:
~Personally ~o~ OR ~ Produced Identification ~e of Identification Produced
EXHIBIT
EXHIBIT "AB
LEGAL DESCRIPTION OF SPECIFIC PURPOSE EASEMENT
South 1/2 of NE 1/4 of SW 1/4 of SW 1/4 of Section 8, Township 46
South, Range 43 East, less right-of-way of Lake Worth Drainage
District E-4 Canal, less and except the North 50 feet and,the East
50 feet thereof; and
That part of the NW 1/4 of the SW 1/4 of the SW 1/4 of Section 8,
Township 46'South, Range 43 East, lying East of the right-of-way of
Lake Worth Drainage District E-4 Canal and North of-the right-of-
way of Lake Ida Road; and
That part of the SE 1/4 of the SW 1/4 of the SW 1/4 of Section 8,
Township 46 South, Range 43 East, lying North of the right-of-way
of Lake Ida Road, less and except the East 50 feet thereof.
THE PALM BEACH POST
Published Daily and Sunday
West Palm Beach. Palm Beach County. Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH ~o. ~4~ .....
Before the undersigned authori~;~',p_erson~,lly appeared Chr is Bul 1 ~o.~o~
iKTElCr TO A
t;£as$ Aclv ~lgr of The Palm Beach Post. ~ ~..,
who on oath says that she/he is ~ .~: ~
a daily and Sunday newspaper published at West Palm Beach in Palm Beach County. ,~*'~~,~
Florida: that the attached copy of advertising, being a _ Not ice ~* "~ ~,~
in the matter of Intent to abandon "-I~,,, "" --"~ ---' ~"' ""
in the Court. was published in said newspaper in / ~ .
the issues of .~t~mh~,- ~q r, Or,~-~h~- 6;. ] qqK -
Affiant further says that the said The Post is a newspaper published at West Palm Beach.
in said Palm Beach County. Florida. and that the said newspaper has heretofore been
continuously published in said Palm Beach County. Florida. daily and Sunday and has been
entered as second class ,nail matter at the post office in West Palm Beach. in said Palm Beach
County. Florida. for a period of one year next preceding the first publication of the attached
copy of advertisement: and affiant further says that she/he has neither paid nor promised
any person, firm or corporation any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said.0ewspaper. ,
.qwnrn tn and subscri~bed before me this 9 day of October A.D. 1995
~?: !"!;..;A:. !, C.'VA,',.",~51-.',:L ' ] '? '.. ,. /
j:.;crr/,..,-.. I"L:BLICSTA'I-E OF F..ORIDAJ , £~ ,_ i' ~" '~ [ ii 't ,~.
C.";~.',MISSION NO. CC."~.%bO J ~ J~ren [VI. M¢1-inton, Notar~ Public
L.'.c/CF~:,;M!-D.~ION EX? NOV, I.%1~ J
Personally known XX or Produced IdenLification
Type of Identification Proc
EXHTBIT 9
SPECIAL WARRANTY DEEP
THL~SPECIAL WARRANTY DEE0, made and executed the
day of J~C(-~*~ , A.D. 19~ by ~ IDA D~LOP~T CO~.,
a Florida cor~oranion having ~=s principal place of business
~ereina~%er called =he' grantor, to DEL~Y IS~DS. INC., a Flor~
~ 'er ca%Ied =he grant~e;
WITNESSETH:
T~T the grantor, for and in consideration of =he s~ of
$10.00 and other valuable considerations, receipt whereof ~ing
hereby acknowledged, by th:se presents 4oes grant, bargain, sell,
alien, remise, release, convey and confi~ unto the grantor all
that certain land situate in Palm Beach County, Florida, viz:
See Exhibit "A~ attached hereto --
and made a part he~eof.
Subject to: See Exhibit "B" atta'ched hereto and made a part hereof.
TOGETHER with all the tenements, hereditaments and appur-
tances thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND the grantor hereby covenants with said grantee that
it is lawfully seized of said land in fee simple; that it has
good-right and lawful authority to se'i and convey said land;
that it hereby fully warrants the title to said land and will
defend the same against the lawful claims of all persons claim-
ing by, through or under the said grantor.
~.S 30.000.CO
IN WITNESS WT{EREOF, the grantor has caused '.hese presents
~0 to be executed in its name, and its corporate seal to be here-
unto affixed, by its proper officers thereunto duly authorized,
~00 the day and year first above written.
LAKE IDA DEVELOPMENT CORP.
(Corporate Sea!)
witnesses: ~:,:.,;'~T;':::- ":.
6~.,..,, ,.,,'7, ~ < ~.~.- BL.
· .'<
~ k': ...... '.':%', '
m, COUNTY OF ~m,-~-. )
d~
,~ ~_a~The foregoing instrument was a_cknow!~dge] before me this
~-~ ,~&~ ,-- . of LAKE IDA DEVELOP~dENT corp., a Flor- .:-
~ ida corporation, on behalf ....
of the $orporation.. · ..'.~
~ My Commission Expires:
,'- ,,v'zc__ , 'c '...'
(Notate, S~-:~..'/.:'- .' "-',:.,
-..:..~ :..:. - ...,'J
~¢~... ~. ~ ~.~.~- ~ ~ '......: ...... . .~.
~ ~ ~2 ¢C-;F..~ .... ~ '"".~' '" ':: ["" '
,lt,~, &l~';'~,~ ~'~ ~ '"' .........
EXHIBIT 10
~ )900.00~
.0cig'IS" Zas~ along the ~est 1/ne o~ sa~d ~ Ida ~:4noc, ~d~tlon No. 2 (all bearings
Point o~ th2 hOrSefly :Tgh~-of.~.i~ l~ne of ~e ~a Road: ~he~ce run /:orth ~g'4g'lg'
~es~ along sa~d~orthe~l~ r~ght-of-vay, a d~sCance o~ ~20S.22 ~ee~: ~en~e ·
Conh~nu~n~ ~es~erly along sa~d ~or~he~ :~qh~-o~vay o[ Lake Ida ~ad along
a curved l~ne hav~nq a radius o~ ~4G~.58 ~ee~ and a central angle of 0S' 20'3~'
I d~JCance of 14,,83 feet to a ~oint in the Northerly righc-of-vay line of
Lake Ida ~ad= T ncc in a westerly direr=ion along the north line of
~ke Ida Roa~ alor~g a curved 1~ ne having a radius of 1464.58
~ee= and a central angle o[ 20 degree 11 ~nutes and 56 seconds
a d~stance of 516.32 fee= to a point= thence North 64·
06'49' West, a distance oE 96.81 Eeet to a po~t~ thence North 61e 00~lg-
West, a distance o~ 222.57 '~et ~o a point ~n the Easterly r~ght-off-way
l~ne o~ the E-4 Canal~ 2hence North 30e 04'27' East, a d~stance off 1112.35
~eet along the east r~ght-o~-way l~ne o~ the E-4 Canal to a po~t;.~enc~ ~n
South 89~46.18- East, a d~stance o~ 1299.91 feet~ thence ~fl South 0e13.33- ~s~ along the
westerly ~un~afy o~ ~ke Z~a Shores, 4s recorded Ln PI/~ B~k 25, page 54, hbl~c ~cords
Palm Beach Coun=y, Florida, a distance o~ 1OO3.03 ~eeg; ~hence r~ Sou~h 89*48'33' Eas~,
a.di%~ce .of 260.00 ~ee= ~o ~he ~I~T Or ~=Z-,~,C.
The Foregoing ~. less ~d Excepting the follow~nq: --
A.)~=s ~9,24,25,2G and 27 o[ Isle of ~lray, Section 2, accof~ng ~o 2he Pll~ thereof ~
~ile in ~he Off,ce of ~he Clerk of ~e C~rcu~= CourC ~n and ~or Pal~ ha~h Coun~y,..Flor~da,
recorded In Pla2 Book 40, page 132. ' --
· )R~gh~ O~ Way Of F4 C~41 a~ ~e 60 f~ ~n~med canal lyLng b~:th o~ and /djacen~ ~o ~e
Sou~h ~ine of B~o=kg,~ke Ida Shores and ~he unnamed 80 fooc Canal lying Wes~ o~ and /d]acen'
~o ~he Wes= ~ne o~ B~ock 3, ~ke I~a Shores.
Sub~ec* to: 1. Real property taxes for the_~ears 1991 and 1992/
owed by grantor on the land~
2. Zoning and other regulatory laws and 6rdinance~
=ffeoting the
3. Mortgage in favor of Southeast Bank, N.A. secur-
ing an original principal amount of $1,200,000.0~
and recorded on October 31, 1980, in Off%cial
Records Book 3396, at Page 1296, of the
~e~o=dl of ~alm ~each County,
4. Mort~gein favor of John H. Adams, Trustee, se-
curing an original principal amount
~995,781.01 and recorded in Official Records
Book 298~, at Pages 144-151, Public Records of
Palm Beach County, Flor'ida~
5. John H. A~ams, Trustee, ~. Lake Ida Development
Corp., et al., Case No. 5135-CA-(L)-01-K, Fif-
teenth Judicial Circuit, Palm Beach County,
Florida.
6. All matters as they appear on Plat of Isles of
Delray, Z~ction 2, Plat Book 40, Pagu 132,.as
corrected by Affidavit in Official Records
Book 3459, at Page 406, Public Records of Palm
Beach County, Florida.
7. All matters as they appear on Plat of Lake Ida
Shores, Plat Book 25, Page 54, Public Records
of Palm Beach County, Florida.
8. All matters as they appear on Plat of Lake Ida
Shores, First Addition, Pla= Book 25, Page 71,
Public Records of Pal~ Beach County, Florida.
9. Ail matters as they &ppear on Plat of Lake Ida
Manor, Addition No. 2, Plat Book 25, Page 61,
Public Records of Palm Beach County, Florida.
10. Res=fictions, Covenants and Stipulations in in-
strument dated November 14, 1977, filed Nov-
ember 15, 1977, in Official Records Book 122, at
Page 271, Public Records of Palm Beach County,
Florida, as it applies to Lake Ida Shores and
Lake Ida Shores, First
11. Re~triction$, Covenants and Stipulations in in-
strument dated November 19, 1957, filed Nov-
ember 26, 1957, in Official Records Book 127,
at Page 482, Public Records of Palm Beach County,
Florida, as it applies to Lake Ida Shores, First
Addition.
12. EasemeJ~ts for Sewers =o the City o~ Delra¥ Beach
in instrument dated January 3, 1966, filed Jan-
uary 26, 1966, in Official Records Book 1322,
at Pa~e 385, Public Records of Palm Beach County,
Florida.
Page 1 of 2
{
S~h~.ect to: (c~t.)
l~. Right-o~-vay of the ~-4 Canal and the canal
running ~as~ and ~est and l~£ng adjacent to
the South l£ne o~ La~e ~a Shores, and the
canal running North and South and lying ad-
jacent co the west line of Block 4, Lake Ida
Shores.
Easement for Ingress and Earess in instrument
filed June 14, 1968, in Official Records
Book 1659, at Page 938, of ~ne Public Records
or Palm Beach County, Florida.
15. Drainage easements over t~e North 50 feet and
East 50 feet of the South One-Half of the
Northeast One-Quarter of ~he Southwest One-
Quarter of the Southwest One-Ouar=er of said
Section 8, as set forth i~ instrument recorded
in Official Records Book 3016, at Page 1210,
Public Records of Palm Beach County, Florida.
16. Restrictions, Covenants and Stipulations as'con-
rained in instrument dated September 12, 1980,
filed September 15, 1980, in Official ~ecords
Book 3364, at Page 177, Public Rec~=ds of Palm
Beach County, Florida, as it applies =o Isles
of Delray, Section 2.
17. Right-of-way of Lake Ida Road.
18. Resolution of the Lake Worth DrainaOe District
dated June 13, 1979, filed July 11, 1979, in
Official Records Book 9096, at Page 276, Public
Records of Palm Beac~ County, Florida, said
resolution incorporating all the land into
the Drainage District.
19. Easements to Southern Bell Telephone and Tele-
graph dated December 28, 1979, filed January 11,
1980, in Official Records Book 3211, at Page
Public Records of Palm Beach County, Florida,
across the South 5 feet of Lot 1, and in O~fic-
ia1 Records ~ook 3211, a= Page 758, Public Rec-
ords of Palm Beach County, Florida, across the
North $ feet of Lot 2, both in Lake Ida Manor,
Addition No. 2.
,; .... ~ %.., CL~K CIRCUIT COURT
~.uUr~l I ur ~ALM I~=At;H, NOIICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSM~N
I~~~~ ~~,~.~J 199~ CHC 98 · DDC HA .&~ ACRES
~'~.:~~.~5.1 COUNTY 1,5.58 SCHOOL ,05. S5
,~,,~:.~-~-'"':~.'~-~'~-~~ ~~"~-~ ".~ ~:. .- · CITY 2)B.S~ S FL WATER lq.gt
'.._'AS S~ SSE D_ VAL UL S0,0D0 CHILD SVCS 10.57 FIND 1.~7
EXEHPTXONS HEALTH q&.SO EVGLOS C P 3.00
TAXABLE VALUE 50,000 ORA [NAGE 27.05 ,
DEL~AY ISLANDS XNC
~: GILSERT GOLDSTEIN
1808 RITTENHOUSE SO O~ERT?~TODOOD?~D~3D)O
PH/LADELPH[A PA 1~105-5802 "' ....
LEGAL DEECRIPTION --- ~[L~m~R~. ' - ~[ C.~CKS .~.~eL~ ~O
ISLES OF DELRAY SEC 2 AMND 2-977-662-7 =S BOX~;:~WE~'~ALUeE~C~
LT [~ BLK q ...... JOHN K. CLARK. CFC TAX
:~PARCEL HAS PE~T~. cE: l~:' ':,:,LL[:':,F
COUNTY OF PALM BEACH, NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS
~*:~'~o~.co~~: ~F:.~ 199~ C~C 9B DDC ~A .29 ACRES
~.IZ..:.:~J.q~::DS.:2.g '00~. :0280.: ] COUNTY 112.99 SCHOOL
[, ; * ;~'~;'-'- ',; ',,';:; ~'-'. : ..... CITY i98.75 S FL HATER
~ASSESSED VALUE 25,000 CHILD SVCS 8.81 FIND
EXEHPT[ONS HEALTH ~6.25 EVGLDS C P
TAXABLE VALUE 25,000 DRA]NAGE 27.05
DELRAY ISLANDS INC
,". GILBERT GOLDSTEIN
1808 RITTENHOUSE SO 0D29777542DOmg0065465010
PHILADELPHIA PA 19105-5B02 ..... . .
LEGAL DESCRIPTION COLLECTOR NO, MAK[ CHECKS
ISLES OF DELRAY SEC 2 AHND 2-977-75q-2 ~O
LT 28 BLK q JOHN K, CLARK, CFC. TAX COLLECTOR
:ePARCEL HAS PETZT~. ~?': l~': :::,_LEC~OF
9q-0~056 tit) ~) r~. x~.4~. ] ..,
COUNTY OF PALM BEACH, NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS
,~.?'**!~O~~M~=';~:~:./ ~99~ CHC 98 DDC HA .29 ACRES
h':J~.~'.~.O~:~,~.'O2gO'~ COUNTY 112.99 SCHOOL 254.64
*;'- / ...... ' '-:,.' .,'-~": ..-.'.~ ..... CZTY 198.75 S FL ~ATER
ASSESSED VALUE 25,000 CHILD SVCS B.Bl FIND
EXE~PT[0NS HEALTH 56.25 EVGLDS C P ........
TAXABLE VALUE 25~000 DRAINAGE
DELEAY ISLANDS
~: GILBERT GOLDSTE[N
1808 RITTENHOUSE S0 ODE977760TDDDDOb5465~D
PHILADELPHIA PA
L~OAL DESCRIPTION *'- ~OLL~CT~R'~. '- M&~[ CH~CKS
LT 2g BLK q ..... JOHN K.~RK. cFc TAXCOLLECTOP
~PARCEL HAS PETIT[~ ;E'C 1~::
9q-02055 LIIJ 2 I-~,g ~ 4:~..
.:OUr'S:., 628.661 635.01~
EXHIBIT 11
Page 1 of 3
,ASSE~ED VALUE 30f00O CHILD SVCS ]0.57 F~ND I.G7
EXEHPT~0HS HEALTH ~,50 EVGLDS C P ~.00
TAXABLE VALUE ~O~OOO DRAZNAGE . 27.05
DELRAY ISLANDS INC
~ GILbErT
1808 RITTENHDUSE S~ D9297764490000078013~10
PHILAOELPHIA PA 1910~-S802
JOHN K. CLARK. C~C. TAX COLL~C~O~
LT l0 BLK q
~bNt.;~F__,7q8,92~ 756.75~ 7&&. 55[ 772, $Sl 780. t~ 80~.
199~ CMC 98 DDC HA .$2 ACRES
COUNTY 135.58 SCHOOL
CiTY 2}8.S0 S FL ~ATER
ASSESSED VALUE ~O,O00 CHTLD SVCS 10.57 F~ND
EXEHPTIONS HEALTH q$.S0 EVGLDS C P
TAXABLE VALUE SO ,000 DRAINAGE 27. OS
DELRAY ISLANDS [NC
:: GILBERT GOLDSTE[N
1808 RITTENHOUSE SO 09297765D30O0D07801301D
PH]LADELPHIA PA [9J0~-5802
LEGAL DESCRIPTION COL~CTOR ~'. -
ISLES 0F DELRAY SEC 2 AMND 2-977-650-5 [a~CX~Z'SWES~AC~AC~.;c~;2-~'S--
L T ~ ~BLK ~ ....... JOHN K. CLARK. CrC TAX COLL~CTOP
~PARCEL HAS PETiTes. FE:C le ~L[':$,?
~ DEU~QUEN/
COUNTY OF PALM BEACH. NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS
ASSESSED VALUE ~0,000 CHILD SVCS 10.57 FIND
DELRAY ISLANDS INC
Y, GILBERT GOLDSTEIN
1808 RITTENHOUSE SD 09~9776562D0900780t~3010
PHILADELPHIA PA ]910~-5802
LECAL DESCRIPTION COLL~oR-N~--'- UAK[ CHECKS PAYABLE
ISLES OF DELRAY SEC ~ ~ RHND 2-977-656-2 rO
LT 12 BLK q JOHN K. CLARK, CrC TAX COLLECTOR
' ;aPAECEL HAS-PETZT[~,, PE:C
,. ~q8.92 7~6.7 80~. SS.
·.
- "- .-i~(.' :" -
EXHIBIT 11 __
Page 2 of 3
· ASSE~SEp VALUE ~7,207 CHZLD SVCS 16.6~ F]HD Z.Sl
E~EMPTIONS HEALTH 68.q5 EVGLDS C P
TAXASLE VALUE ~7~207 ORA ZNAGE S~.10 STORHWATER ~8.60
DELRAY ZSLANDS ZNC
~ GILBERT GOLDSTE[N
t808 R[TTENHOUSE SO V.A-B.
PHILADELPHIA PA 191~5-5802 ................ D~/0?/~
1/4 OF S~ ~/~ (LESS L~DD E-~ .................. JOHN K. C~RK. CFC. TAXCO~ECTGR
CNL R/W), TH PT OF NW 1'/~ OF F'HI[% rE'C T.X ~OLLE(TOF'
LWDD E-4 CNL R/W & SE 1/~ OF
~UNTY OF PALM BEACH', ~6YF~E 5~D VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS
~ER~CD~OL~M~R: ' I 199~ CMC 98 DDC HA Z.82 ACRES
: i2::'.~3::~ ~6 08~29,. 067 .0000,'1 COUNTY ~47.99 SCHOOL
ASSESSED VALUE 77,000 CHZLD SVCS 27.]2 FZND $.77
EXEHPT/0N$ HEALTH 11].65 EVGLDS C P 7.70
TAXABLE VALUE 77,000 DRAZNAGE 81. 15
DELRAY ]SLANDS [NC
% GILBERT GOLDSTEIN
1808 RITTENHOUSE SQ V.A.B. CERTIFICATION
PHILADELPHIA PA 19105-5802
[SLES 0F DELRAY SEC 2 AHND ~-977-77Z-00 .OBOX~;:SW[S'~UB~C~ r..=~-~'S
TR G JOHN K. C~RK. CrC T~ COLL~CTGR
NOVEMSER A~OUNT PAYAg~E THRU 05/10/95 HARCH AMOUNT PAYABLE'THRU 0~/09/95
· COUN~ ................ OF PALM B~CH, flOT~CE OF VALOREU TAX~ ~ ......... ~ * ~ ..... '
~{~'~C~~Z~,~I 199q CHC 98 DOC HA 3.7~ ACRES
ASSESSED VALUE 89~000 CHILD SVCS ~.55 FEND
EXEHPT[ONS HEALTH 129.05 EVGLDS C P ~.90 ~.:
TAXABLE VALUE 89,000 DRA[NAGE 108.20
DELRAY [SLANDS
~ GZLBERT GOLDSTEIN
V-A*B. CERT~FZC~TION
1808 RZTTENHOUSE S0
PHILADELPHIA PA 19105-5802 0E/0~/qS
LEGAL DESCRt~ION COLLECTOR NO
ISLES OF DELRAY SEC 2 AMND 2-~77-779-80 po e~r,~':~' ',~u~c-
TR H JOHN K. CLARK. CFC ZAX COLLECT~~ .,
NOVEMBER AMOUNT PAYABLE THRU 0~/10/9~ MARCH AHOUNT PAYABLE THRU
· EXHIBIT 11
-- Page 3 of 3
Statement of Justification for Easement Abandonment Request
The explanation of the purpose for the easement, as set forth in the Palm Beach County
-~- ........ i1 Deed of May 7, 1968, and attached as Exhibit 13, is as follows:
'- '~ The party of the fn'st part [Palm ·
· .:...~'; Beach County] reserves a right of
:'~. ingress and egress across said land
:t between I~kc Ida Road and Lake Ida
! Park, said reservation being
· :?. necessary because 1-95 may be .so
... .- :i'i located as to make a part of said
~:'~ Park otherw'.l....se inaccessible.
, The 1-95 right-of-way in the vicinity of the subject propetay and Lak~ Ida Road was
-"! constructed in the 1970's and does not interfere in any way with the access of thc public to
-' Lake Ida Park via Lake Ida Road. As shown on the aerial photograph (Exhibit 14), adequate
access to Lake Ida Park is provided at two locations which are not pan of the easement area.
'~ Therefore, the easement, which may have been necessary when it was reserved in 1968, is now
....._: unnecessary and obsolete. Moreover, land which is subject to the easement'does not provide
ingress or egress to Lake Ida Park, as it is separated from the park by the Iake Worth Drainage
-" -- District F_,4 Canal.
- The specific, stated intent of the easement was to provide access to Lake Ida Park, ff
,:' required. It was not the intent of the easement to provide access to the body of water lmown
' ' ' ,.. as Lake Ida. Adequate public access to Lake Ida Park exists and will not be affected in any way
' by the easement abandonment, and the public will continue to have adequate access to Lake Ida '
.:--. by way of Lake Ida Park.
The Petitioner intends to sell the subject property to a third party, and the proposed
'- easement abandonment is necessary to clear title to the property. Particularly in light of the fact :
that the easement no longer serves any public purpose, Palm Beach County should have no -'
· : objection and should support our request.
Regarding the privilege fee referenced in Paragraph 15 hereof, Ordinance No. 86-18 ....
'" ' :' :4 states in Section V.(6) that the privilege fee 'shall not apply to pefitiom submitted by the
following: (a) the fee simple owner of the property subject to an easement.' In this case the
." '5~ '. petitioner, Delray Islands, Inc., is the fee simple owner of the property. By the clear terms of
.... :~ the ordinance, a privilege fee does not apply for an ingress/egress easement for which the
...... : i~..3. County no longer has any need; the public now has adequate access to ~ Ida Park, directly
'_ i' -..:'i.:. i-::'i from Lake Ida Road. By the terms of Ordinance No. 86-18 (Section V.(2).), the privilege fee '
· . : ~i~;':~:~ under the juri.~liction and control of...' the County. The ~ment in question i~ a reservation
[.. to Alfred Malefatto's letter to Paul King of the County Attorney's office dated October 6, 1995,
.~.
[lTV OF DELFIFi¥ BER K
CITY CLERK
AII-AmericaCity
1993
January 25, 1996
Ms. Barbara Springthorpe
Project Planner
Greenberg Traurig
P.O. Box 20629
West Palm Beach, FL 33416-0629
Re: Resolution No. 4-96
Dear Ms. Springthorpe:
As requested, attached is a certified copy of Resolution No. 4-96
which was passed and adopted by the Delray Beach City Commission
in regular session on January 23, 1996. An executed copy of the
resolution was sent to you earlier today via telecopier.
By copy of this letter, a certified copy of Resolution No. 4-96
is also being sent to Paul King of the County Attorney's office.
If you have any questions, please do not hesitate to contact me
at 407/243-7050.
Sincerely,
Alison MacGregor Harty
City Clerk
AMH/m
Attachment
cc: Paul King, County Attorney's Office
Laurie L. Gildan, Esq., Greenberg Traurig (w/o attachment)
Susan A. Ruby, City Attorney (w/attachment-not certified)
THE EFFORT ALWAYS MATTERS
F~.~nted on Ftec yc;e~ Pal2e~
GREENB£RG TR2URIG I~:a0?-655-6222 .12N 25'96 10:52 Ho.O}6 F:'.02
Janu~ 25, 1996
I/IA TELECOPIER
Mr. James Hancock
City Clerk's Office
City of Delray Beach
200 N.W. 1st Avenue
Dclray Beach, FL 33444
Re: Delray Beach Resolution 4-96
Dear Mr. Hancock:
Thank you for researching the status of the above-referenced resolution. Plea.sc fax
a copy of the fully executed resolution to me at 40%655-6222. As i understand it, you
expect the resolution to be executed around noontime today. In addition to the faxed copy,
we would like to receive a certified copy of the resolution. Please forward it to my attention
at the West Palm Beach address listed below. Thank you.
Sincerely,
Barbara Springt orp
Project Planner
Enclosure
cc: Laurie L Oildan, Esq.
Alfred J. Malefatto, Esq.
C REENhI-:iIG Tf~At~HIG }] OI~'I~'MA[~ LlPoFF RO~EN ~ QUENTEL, ~, A,
~lm~x,~.i~,~.~wfttU~,O. BOx 20629 W~s'i' PALM BEACTI, Pi.ORIDA 35416-0629
407-650.7900 FAX407-655-6222
77T SOUT~ FLAGL~[~ DRIVE ~UJTE 310 EAST WEST PALM BEAt:H, FI,O~IDA ~3401
MIAMI FOBT [,AU~ERI)ALE ~KST PALM ~EkCI{ TALI, AHASSEE ORLANDO
ORIGINAL DOCUMENTS WILL __ WILL NOT __ OW BY NAIL.
N_~: We are =rans=itting on a Xerox 7024 Telecopier. The information
con:aimed in :his facsimile transmission is attorney privileged and
confidential, it &s intended only for tam individual recipient or
entity named above. If ~e reader of ~nis message is not ~he inttnded
recipient, you are hereby notified ~hat any dissemination or
distribution of this transmission is s~rtctly prohibited. If you have
received this transmission in error, notify ~s immediately by :elephoBe
collect. Please re:urn =h8 em=ire facsimile transmission to us at %he
above address via ~m U.S. Pos=al Semite. We will rei~urse you for
pos:age. TAa~ you.
40%6S0.Y900 FaX 40~.6SS.S~22
01/25/96 11:02 e~'407 243 3774 CITY/DELRAY BCH. ~001
ACTIVITY REPORT
TRANSHISSION OK
CONNECTION TEL 914076556222
CONNECTION ID G3
START TIHE 01/25 11:01
USAGE TIHE 01'23
PAGES 2
CITY OF DELRAY BEACH
100 N.W. 1st AVENUE, DELRAY BEACH, FLOI~IrIA 33444 407/243-7000
FAX NUMBER 407/243-3774
FAX TRANSMITTAL
TOTAL NUMBER OF PAGES INCLUDING TRANSMITTAL SHEET: ~ ...
NAME OF SENDEI~: ~/-/~
TELEPHONE NUMBER:
COPIES TO:
· IF YOU DO NOT RECEIVE ALL OF THE ABOVE REFERENCED PAGES, PLEASE
CONTACT THE SENDER NOTED ABOVE ASAP.
CITY JIF DELRIIV BEIIgH
CITY ATTORNEY'S OFFICE :'~ :~"~ ~ '~'~'~'~'~:' ~¥ ~'~' ~'°~ ~'
FACSiMil.~ 407,::7~.~ 4755
Writer's Di~ct Line: (~7) 243-7~1
D[kRAY B[ACH
AIl.l~rica Ci~ MEMO~D~
DATE: December 14, 1995
1993
TO: David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: City Approval of Palm Beach County Abandonment of Easement for
Delray Islands. Inc.
Attached please find a letter from Laurie Gildan, attorney for Delray Islands, Inc.
requesting formal acquiescence from the City to the abandonment by the County of a
County Easement between Lake Ida Road and Lake Ida Park. Included in the materials
is a letter from Dan Beatty indicating he has no objections to the abandonment, however,
the County Attorney's office is requesting that the City Commission express its position
on the County abandonment.
Our office requests that this matter be placed before the City Commission for their
approval.
If you have any questions, please call.
cc: Dan Beatty, City Engineer //aT~/c?g
island2, sar
Pf~nted on Recycled Pi]per
ATTORNEYS AT LAW
407-650-7924 ~ ....
JLa- '/
December 11, 1995
Susan Ruby, Esq.
City of Delray Beach
200 N.W. 1st Avenue
Dekay Beach, FL 33444
Re: Delray Islands
Dear Susan:
As you know, we represent Delray Islands, Inc., the owner of property located north
of Lake Ida Road and east of the E4 canal. The property is encumbered by an unusual
easement in favor of Palm Beach County, which was reserved in 1968, prior to the
construction of 1-95, to guarantee the County access to Lake Ida Park. Since 1-95 has been
constructed and the County retained access to Lake Ida Park over property located west of
the Delray Islands, Inc. property, we have petitioned the County to abandon the Easemem.
We requested and obtained from the City of Delray Beach Engineering Department an
acknowledgment that the City has no objection to the proposed abandonmem. Nevertheless,
Paul King of the County Attorney's office has requested a formal resolution from the City
acknowledging that it has no objection to the abandonment.
I am enclosing for your information a complete copy of the Abandonment Petition,
with all exhibits, including the letter from the City of Delray Beach Engineer. Please
contact me as soon as you have had an opportunity to review these materials, so that we can
determine the appropriate procedure for obtaining the City's resolution as quickly as
possible.
Best regards.
'~Gilda~ ~
Enclosure
cc: Alfred J. Malefatto, Esq.
Mr. Gilbert Goldstein
GREENBERG TRAURIG HOFFMAN LIPOFF ROSEN & QUENTEL, P. A.
P.O. BOX 20629 WEST PALM BEACH, FLORIDA 33416-0629
407-650-7900 FAX 407-655-6222
777 SOUTH FLAGLER DRIVE SUITE 310 EAST WEST PALM BEACH, FLORIDA 33401
MIAMI FORT LAUDERDALE WEST PALM BEACH TALLAHASSE£
NEW Yoaz WASHINCTON, D.C.