Res 85-96 RESOLUTION NO. 85-96
A RESOLUTION oF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING
PORTIONS OF TWO UTILITY EASEMENTS WITHIN THE KOKOMO
KEY SUBDIVISION LOCATED ON THE EAST SIDE OF NORTH
FEDERAL HIGHWAy, AS MORE PARTICULARLY DESCRIBED
HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an
application for abandonment of portions of utility easements within
, the Kokomo Key subdivision, as more particularly described herein; and
WHEREAS, said application has been 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 request to the City Commission with a
recommendation for approval; and
WHEREAS, the City Commission of the City of Delray Beach
finds 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 portions of utility
easements, based upon positive findings pursuant to LDR Section
2.4.6(P) (5).
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:
A portion of KOKOMO KEY PLAT according to the Plat
thereof, as recorded in Plat Book 77, Pages 33-35, of
the Public Records of Palm Beach County, Florida,
being more particularly described as follows:
COMMENCE at the Northeast corner of said Plat; thence
South 89 degrees 59'24" West along the North line of
said Plat, a distance of 348.58 feet; thence South 00
degrees 00'00'' East, a distance of 97.05 feet to the
POINT OF BEGINNING, also being a point being on the
arc of a non-tangent curve, concave to the Northeast
(radial line to said point bears South 12 degrees
06'01" West); thence proceed Southeasterly along the ·
arc of said curve, having a radius of 220.00 feet, a
ORB
central angle of 06 degrees 38'07" and an arc
distance of 25.48 feet; thence South 90 degrees
00'00" West, a distance of 25.16 feet; thence North
00 degrees 00'00" West, a distance of 3.89 feet to
the POINT OF BEGINNING. Containing 43 square feet,
more or less.
A portion of KOKOMO KEY PLAT according to the Plat
thereof, as recorded in Plat Book 77, Pages 33-35, of
, the Public Records of Palm Beach County, Florida,
being more particularly described as follows'
COMMENCE at the Southeast corner of said Plat; thence
North 07 degrees 40'10" East along the East line of
said Plat, a distance of 188.06 feet; thence North 82
degrees 19'50" West, a distance of 71.00 feet to the
POINT OF BEGINNING; thence North 07 degree.~ 40'10"
East, a distance of 32.66 feet; thence South 82
degrees 19'50" East, a distance of 2.17 feet to a
point on the arc of a non'tangent curve, concave to
the Northwest (radial line to said point bears North
89 degrees 11'32" East); thence proceed Southwesterly
along the arc of said curve, having a radius of 77.00
feet, a central angle of 24 degrees 32'44" and an arc
distance of 32.99 feet to the POINT OF BEGINNING.
Containing 74 square feet, more or less.
PASSED AND ADOPTED in regular session on this the 10th day
of December, 1996.
ATTEST:
City Cl~rk '
- 2 - Res. No. 85-96
PORTION OF EASEMENT TO
BE ABANDONED
i I I 9JUNI[S. I i !
6
UN~S
..... ~ 62 I
'78
I j~ I I
~__~ I 61 UN{TS i I PORTION 0~
76 ! 75 I 74 ! 73 j 72 ~ 71 8 UNITS. ~E~T TO B~
~ ~, ~L a ~ ~ ' ~ONED
I
ECORDER S MEMO: Legibility oi' document
unsatisfactory when receiv,.',d.
· J ORB ~7~ P~ ~
,. II DOROll'tY H. WILh'IEN, CLERK PB COUNTY, FL
M.b.A. TRACT Gtj~.
DEI. RAY
~lVAP SHOP
' ' · M.$.A. TRACT
Illllll l lllll
N
~ KOKOMO KEY
RECORDER'S MEMO: Legibili~ of d~ument
unsat~sfactow when receive.
£1TY OF I)ELAI:IY BEI:I[H
DELRAY BEACH /"
~ CITY CLERK oo ,.~,. ,st ^v~.uE · ~ELR^~ 8~^o.. F,oR,o^ ~ · ~o,~-~ooo
~II-~C~
1993 C E 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. 85-96, as
the same was passed and adopted by the Delray Beach City
Commission in regular session on the 10th day of December, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
18th day of December, 1996.
Alison Mac~reg6r H~rty /
City Clerk
City of Delray Beach, Florida
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER/ ?
SUBJECT: AGENDA ITEM # ~'~ - MEETING OF DECEMBER 10, 1996
ABANDONMENT O F PUBL I C UT I L I TY EASEMENTS / KOKOMO KEY
TOWNHOUSE DEVELOPMENT
DATE: DECEMBER 6, 1996
This is before the Commission to approve abandonment of portions
of two utility easements lying within the 133-unit Kokomo Key
townhouse development located on the east side of North Federal
Highway, approximately 200 feet north of Allen Avenue immediately
south of the Delray Swap Shop.
As-built surveys of the buildings indicate that portions of
Building Nos. 8 and 10 encroach within the 10 foot utility
easement which lies adjacent to the front entrance courtyard area
of the buildings. The encroachments are limited to small,
irregularly shaped areas coinciding with the end units of the
buildings. The easements in question have been properly reviewed
by all appropriate City staff and utility providers. The
abandonment will not hinder the provision of utility services,
thus there has been no objection to the abandonment of easements.
Recommend approval of the abandonment of a portion of two utility
easements through the enactment of Resolution No. 85-96.
TO: DAVID T. HARDEN
CITY MANAGER
DEPARTMENT OF PLANNING AND ZONING
FROM: / JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF DECEMBER 10, 1996 ** CONSENT AGENDA **
ABANDONMENT OF PUBLIC UTILITY EASEMENTS WITHIN
THE KOKOMO KEY DEVELOPMENT
The action requested of the City Commission is that of approval of the
abandonment of portions of two public utility easements. The easements are
located within the Kokomo Key development located on the east side of North
Federal Highway, approximately 200 feet north of Allen Avenue, immediately
south of the Delray Swap Shop.
The abandonment of these easements is being processed pursuant to LDR
Section 2.4.6(P), Abandonment of Public Easements.
On August 23, 1995, the Site Plan Review and Appearance Board approved the
site plan, landscape plan and elevations for Kokomo Key, a 133-unit townhouse
development. On February 26, 1996, the Planning and Zoning Board certified
the final plat for Kokomo Key as being consistent with the preliminary plat, and
transmitted a recommendation of approval to the City Commission. The
final subdivision plat was approved by the City Commission at its meeting of
March 19, 1996. The plat was subsequently recorded on April 2, 1996. The
development is under construction.
City Commission Documentation
Abandonment of Public Utility Easements - Kokomo Key
Page 2
As-built surveys of the buildings indicate that portions of Buildings #8 and #10
encroach within the 10' utility easement which lies adjacent to the front
entrance/courtyard area of the buildings. The building encroachments are
limited to small irregularly shaped areas coinciding with the end units of the
buildings. The easements in question have been properly reviewed by all
appropriate City staff and utility providers. The abandonment will not hinder the
provision of utility services thus there has been no objection to the abandonment
of the easements.
Planning and Zoning Board consideration is not required for the abandonment of
public easements.
By motion, approve the abandonment of a portion of two utility easements
through the enactment of Resolution 85-96.
Attachment:
Location Map & Reduced Site Plan Sketch
MEMORANDUM
TO: ALISON MACGREGOR HART~, CITY CLERK
//
FROM: JASMIN ALLEN, PLANNER ,2.2,~',,~
RE: PREPARATION OF RESO NS FOR THE CITY
COMMISSION MEETING OF DECEMBER 10TH
DATE: DECEMBER 2, 1996
· Please prepare a Resolution for the abandonment of portions of utility
easements within the Kokomo Key development on North Federal Highway.
The file is attached for background information. The property is owned by
Pulte Home Corporation. I have requested a copy of the last recorded warranty
deed which I will submit to you as soon as it is provided.
Thanks.
t~.,~t:' ~6~_19 14ES_r:ON CONSLILTIN6 INC ~;0~ '099:~0
INSTRUMENT P~EPARED BYI
JEFFREY A. DEUTCH, ESQ.
,,..,,, ..... 7.
7777 Glades Road ~3oo .~; '9~ 7~ ~ i'1 ~
Boca Radon, FL 33434 ; l~ I;ll~lI~iI~
THIS WARRANTY DEED made thil ]~t d~y of March, 1~9~, by and
between EBJH CORP., a P1orlda corporatio~, as Grantor, and PULTE
HOME CORPORATION, a Michigan corporation, whoIe Dost office address
is 1358 East New]po~t Center Drive, Suite 200, Deer~ield Beach,
Florida 33442, aS Grantee.
WI TN E S S ETH~
THAT the Grantor for and in considers=ion of tbs IUm of T~N
AND 00/100 DOLLARS ($10.00) and other good and valuable
WhlO~ ts hereby acknowledgm~, hereby gra~s, bargain'~ end sells to
Parcel ~ ~
All o~ ~he Nort~ ~4.04 feet of Lo= 38,
Town~hip 4~ Sou~h, Range 43 Eas~, l~ing East of the East
right of way llnm of the Fe4eral Highway, being State
~o~d NO. 5. and extending ~o ~ho Xntracoastal
1yin~ and being in 9elm Beach County, Florida, as Der
Pla~ recorded in Pla~ Book 8 at ~age 40 o~ the Public
Records of ~alm Beach County, Florida,
And
Tract "A" Snow Hill, accordin~ to the pla~ thereof
recurded in Pla~ Book ~X, page g3 of the ~blic
The Grantor doss hereby warran~ the t~le ~o real property
described ~erein and will defend the same against t~e lawful claims
o~ all persons whomsoever. The fore~oing warranty of ~i%la shall
not include the mat~ers which are reflec:e~ on ~lblt "A" aU~a~¢~
hereto.
DEC- $--~ TUE 16:20 WE$C,ON CONSULTING INC $057'0~950 P. 04
IN W~TN~SS ~ER~F, ~he G~an~or ha~ CauSed ~his Warranty De~d
~o be e~ecuted the day and ~ear ~irst above written,
EBJH CORP,, a Florida
WITNESSES: co~po~atio~
~ ; ,, ,, .~ ,&:
STATE OF FLORIDA
CO. TV OF ;A~ BEACM
The foregoing instrument was acknowledged before me this
day Of -Maroh, 1996, by CHARLES E. BRIm, as Presiden% of
Corp., a Florida co~cration, who is ~ersonal!¥ known to me or --~--aa-tden~[fica~ion
Please
~o~ar2 Pu~li~
~y co~is~£on expires=
DEC-
Taxes for the year 1996 and all subsequent year~, which are
not yet due and payable.
Matters as shQwn on the Plat of Model Land company, as
recorded in Plat Boo~ 8, page 40, Public Records of Palm Beach
County, Flor&da. (as to Parcel l)
Ma,%ers am shown on the Plat of Snow }{ill, as recorded in Plet
BoOk 21, page 83, Public Record~ of Palm Beach CoUn%¥,
Florida. (as to Parcel ~)
Drainage Easement recorded in official Records ~ook ~10, page
204, Public Records of Palm Beach County, Fl~ida. (as to
Parcel 1)
De~lara~io~ of Covenants, Restriction an~ EaSements as
contained in Deed Book 93%, page 639, Public Records of Palm
Beach County, Florida. (as to Parcsl 2)
Easement in favor o~ Town of ~ulf Stream da%ed November 9,
1~95, recorded November ~8, ~995 in official Records Book
9015, Pag~ 422, Public Records of Palm Beach County, Florida,
as relocated pursuant to an Affidavit of R~location dated
March 12, 1996, as recorded in the Public Records of Palm
Beach County, Florida.
LEGAL DESCRIPTION
PORTION OF UTILITY EASEMENT TO BE VACATED
KOKOMO KEY PLAT
A portion of KOKOMO KEY PLAT according to the plat thereof, as
recorded in Plat Book 77, Page 33-35, of the Public Records of
Palm Beach County, Florida being more particularly described as
follows:
COMMENCE at the Northeast corner of said plat;
Thence South 89°59'24'' West along the North line of said plat, a
distance of 348.58 feet;
Thence South 00°00'00'' East, a distance of 97.05 feet to the POINT
OF BEGINNING also being a point being on the arc of a non-tangent
curve, concave to the Northeast, (radial line to said point bears
South 12°06'01'' West);
Thence proceed Southeasterly along the arc of said curve, having a
radius of 220.00 feet, a central angle of 06°38'07'' and an arc
distance of 25.48 feet;
Thence South 90o00'00'' West, a distance of 25.16 feet;
Thence North 00°00'00'' West, a distance of 3.89 feet to the POINT
OF BEGINNING.
Said lands situate, lying and being in the City of Delray Beach,
Palm Beach County, Florida containing 43 square feet, more or
less.
PORTION OF UTILITY EASEMENT /~.
TO 13E VACATED suBJECT
KOKOMO KEY PLAT sITE--~ /.~
^VF
EN ~/ /~
LOCATION MAP (no scale):
S 89'59'24" W 348.58 FT
~'X"-N LINE OF PLAT POC---.,-'''''~
NE CORNER
KOKOMO KEY PLAT
bJ
-43 + OR - SF
/tm / / R 220.00 FT
POB~/- / ,--lc o6'38'o7'
~ ~-~ ...~..~.~L 25.48 FT
~ Ix s 9o'oo'oo" w
25.16 FT
OO3
Oco
EXHIBIT "B"
LEGAL DESCRIPTION
PORTION OF UTILITY EASEMENT TO BE VACATED
KOKOMO KEY PLAT
A portion of KOKOMO KEY PLAT according to the plat thereof, as
recorded in Plat Book 77, Page 33-35, of the Public Records of
Palm Beach County, Florida being more particularly described as
follows:
COMMENCE at the Southeast corner of said plat;
Thence North 07°40'10'' East along the East line of said plat, a
distance of 188.06 feet;
Thence North 82o19'50'' West, a distance of 71.00 feet to the POINT
OF BEGINNING;
Thence North 07°40'10'' East, a distance of 32.66 feet;
Thence South 82o19'50'' East, a distance of 2.17 feet to a point on
the arc of a non-tangent curve, concave to the Northwest, radial
line to said point bears North 89°11'32'' East;
Thence proceed Southwesterly along the arc of said curve, having a
radius of 77.00 feet, a central angle of 24°32'44'' and an arc
distance of 32.99 feet to the POINT OF BEGINNING.
Said lands situate, lying and being in the City of Delray Beach,
Palm Beach County, Florida containing 74 square feet, more or
less..
IMM'~0~I£0S6 :ud
966I 'ti ~qo~oo :~p
DMI SMI~IDOSS~ ~ AA~Mq 'SSk~/~OQ :Aq
PORTION OF UTILITY EASEMENT ' /~.
TO BE VACATED suaJEcT
KOKOMO KEY PLAT SlTE---X /~
LOCATION MAP (no scale)'
S 82' 19'50" E'
RADIAL 2.1 7 F'T
N 89'11'32" E /
uJ / /--74 + or - SF'
~°~// R 77,00 FT
fi.c, i l / L 32.99 FT
t POB
LEGEND: ~~E
DWG - drowlng LINE OF PLAT
L - arc length
lc - central angle
PB - plot book
PE)CR - Palm E)each County Records
PG - page
PdT - project
POE) - point of beginning
POC - point of commencement
R - radius
OC
SE CORNER
KOKOMO KEY PLAT
Prepared for: Wescon Consulting Inc.
SURVEY NOTES AND QUALIFICATIONS:
1.Unless it bears the slgnoture and the original raised seal of o Florida)
licensed surveyor and mopper this drowing, sketch, plot or mop is
for {nformotionol purposes only and is not valid
2.Lands shown hereon were not abstracted for easements and/or
rights-of-way of record
Bearings shown hereon ore relative to the plot of KOKOMO KEY PLAT,
PB 77, PG 33-35, PBCR For the Firm:
3.Data shown hereon was compiled from instruments of record and -"Scott {.J/ Oougloss
does not constitute o field survey os such. Professlonol Surveyor ~t Mopper
Florida Registrotlon No 4532
~ ' Ii ~
~'PRr'PARrO BY: % rREV1SION$: Description Dote Fb,/P(~ ~ f DRAWING QATA: ~
[] DOUGLASS, L~AVY i .L. ASSOCIATES INC. SKETCH OF' DESCRIPTION 10//17,/96. --I Ilo/pgDr°wingeoutce:dote: Ocl0ber 17, 1996
PRQ~IONA~ ~URVIYOR~ & MA~PIL~a L81'6727I Orofter: boa HORIZONTAL
Checked: sjd SCN_r (Fi')
?014 IIL~ ROAD i CADO dwg no: gS031AOA, rUT0
CORAL SPNNGS~ ~LDRIDA ~Oe? ' ,~ 10 20
EXHIBIT "C"
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