Res 39-02RESOLUTION NO. 39-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF D~Y BEACH, FLORIDA, VACATING AND
ABANDONING .AIJ. OF THE 16-FOOT UTILITY EASEMENT
LYING WITHIN BLOCK 36 (REVISED PLAT OF BLOCK 36),
TOWN OF DFJ.RAY, AS MORE PARTICULARLY DESCRIBED
HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of all of the 16-foot utility easement lying within Block 36 (Revised Plat of Block
36), Town of Delray; and
WHEREAS, the application for abandonment of said 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, Florida; and
WHEREAS, pursuant to LDR Section 2.4.6(P)(3)(c), the application was forwarded
to the City Commission with the recommendation that the abandonment be approved, based
upon positive findings; and
WHERF_~S, 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 easement, as more particularly described herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DRI.RAy BEACH, FLORIDA, AS FO! J.OWS:
Section 1.
That the foregoing redtals are hereby incorporated herein by this
reference.
Statutes, it is
following real
Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
hereby determined to vacate and abandon all fight and interest it holds to the
property, more parfio~i~rly described as follows:
_AI.I. OF THE 16-FOOT UTILITY EASEMRNT LYING
WITHIN BLOCK 36, REVISED PLAT OF BLOCK 36,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 5, PAGE 38, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, LESS THAT PORTION OF THE
WEST FIALF (W. 1/2) OF THE 16-FOOT UTILITY EASEMENT
LYING EAST OF AND ADJACENT TO THE EAST LINE OF
LOTS 16 THROUGH 21, INCLUSIVE.
Containing 10,569 square feet, more or less.
(~,~2 PASSED
,2002.
AND
ADOPTED in regular session on this the
of
City Clerk
MAYOR
2 RES. NO. 39-02
MARTIN
LU TH ER
FIRE
STATION
NO. 1
KING JR
CITY
A TTORNE Y
BUILDING
DRIVE
CITY
HALL
TENNIS
STADIUM
COMMUNITY
CENTER
ATLANTIC
1ST
POLICE
COMPLEX
SOUTH
COUNTY
COURT
HOUSE
ST
AVENUE
~< S.W IST
NW. IND ST. NE 2ND ST
'''/11
NW 1ST ST NE 1ST ST
OLD
SCHOOL
SQUARE
II
ST. S.E. 1ST ST.
SW
z'
S.W 2ND ST. S.E 2ND ST
CITY OF DELRAY BEACH, FL
PLANNING &: ZONING DEPARTMENT
- EASEMENT ABANDONMENT -
BLOCK 36, REVISED PLAT OF BLOCK 36 (PB 5, PG 38)
-- DIGITAl. BASE MAP SYSTEM --
LOT 14, B~OCK .16
LOT 1§. BLOCK 36
LOT 16, BLOCK JB
LOT 17, BLOCK 36
LOT IB, BL )CK 36
LOT 19, BLOCK 36
LOT 2D. BL3CK 36
LOT 21, BLOCK J6
LOT 22. BLOCK 36
LOT 23, BL3CK 36
LOT 24, BLOCK 36
LOT [3
BLOCK 36
LOT 12
BLOCK 36
LOT 11. BLOCK
LOT 10. BLOCK ,:7.6
LOT 9, BLOCK 36
LOT 25. BLOCK 36
LOT 26, BLOCK 36
LOT 27, BLOCK 36
LOT B, BLOCK
LOT 7. BLOCK
LOT 6, BLOCK 36
LOT 5, BLOCK 36
LOT 4, BLOCK 36
LOT 3, BLOCK ,36
LOT 2. BLOCK
LOT 28, BLOCK 36
287.20' PT-4T
LOT 1, BLOCK 36
.... ~ A VENUE
CITY COMMISSION DOCUMENTATION
TO:
THRU:
FROM:
SUBJECT:
DAVID T~.~~.MANAG ER
PAUL DORLING, DIREQ'T, OR OF PLANNING AND ZONING
NGUYEN TRAN, SENIOR PLANNER
MEETING OF AUGUST 6, 2002 *COhtSENT AGENDA*
ABANDONMENT OF ALL OF THE 'I6-FOOT UTILITY EASEMENT
WITHIN BLOCK 36, LESS THE WEST HALF (W. Y2) OF THE 16-FOOT
UTILITY EASEMENT LYING EAST OF AND ADJACENT TO THE EAST
LINE OF LOTS 16 THROUGH 21, INCLUSIVE, LOCATED ON THE
NORTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN N.W. 3RD
AVENUE AND N.W. 4TM AVENUE
BACKGROUND
The request involves abandoning all of the 16-foot utility easement within Block 36 of the
Revised Plat of Block 36 (PB 5, PG 38), less the west half (W. ¼) of the 16-foot utility easement
lying east of and adjacent to the east line of Lots 16 through 21, inclusive.
At its meeting of May 16, 2000, the City Commission approved the abandonment of the entire
alleyway system located in Block 36 (City Resolution #39-00). The majority of this alley has
been incorporated into property associated with the Atlantic Grove Project and the current utility
easement was retained over the entire alleyway system as part of the abandonment process.
This easement abandonment must be approved before the plat of Atlantic Grove can receive
final action from the City Commission.
The abandonment request was submitted by Atlantic Grove Partnership, LLC, the developer for
Atlantic Grove Development. The proposal involves the establishment of a 4.80 acre mixed-use
(residential/commercial) development.
Pursuant to LDR Section 2.4.6 (P) (5) the following finding must be made prior the City
Commission granting an abandonment: The abandonment will not result in the detriment for the
provision of utility services to the adjacent properties or the general area.
All utility services have been addressed on the plat of Atlantic Grove. The City's Environmental
Services Department (water & sewer service), and the Florida Public Utilities Company (gas
service), Florida Power & Light, BellSouth, and Adelphia Cable have reviewed the request, and
have no objection to the abandonment.
'RECOMMENDED AcTiON !
By motion, approve the abandonment of all of the 16-foot utility easement within Block 36 of the
Revised Plat of Block 36 (PB 5, PG 38), less the west half (W. ½) of the 16-foot utility easement
lying east of and adjacent to the east line of Lots 16 through 21, inclusive, based upon positive
findings with respect to LDR Section 2.4.6(P)(5)
Attachments:
· Abandonment Resolution
· Location Map
· Reduced Survey
S'~boards~tycomn~ss~on\Block 36-e-Aban doc
RESOLUTION NO. 39-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING ~AI.I. OF THE 16-FOOT UTILITY EASEMENT
LYING WITHIN BLOCK 36 (REVISED PLAT OF BLOCK 36),
TOWN OF DELRAY, AS MORE PARTICULARLY DESCRIBED
HEREIN.
WHEREAS, the City of Del'ay Beach, Florida, received an application for
abandonment of all of the 16-foot utility easement lying within Block 36 (Revised Plat of Block
36), Town of Delray; and
WHEREAS, the application for abandonment of said 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, Florida; and
WHEREAS, pursuant to LDR Section 2.4.6(P)(3)(c), the application was forwarded
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 easement, as more particularly described herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DF. LRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
That the foregoing redtals are hereby incorporated herein by this
reference.
Statutes, it is
following real
Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
hereby determined to vacate and abandon all right and interest it holds to the
property, more particularly described as follows:
AIJ. OF THE 16-FOOT UTILITY EASEMENT LYING
WITHIN BLOCK 36, REVISED PLAT OF BLOCK 36,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 5, PAGE 38, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, LESS THAT PORTION OF THE
WEST HALF (W. !/:) OF THE 16-FOOT UTILITY EASEMENT
LYING EAST OF AND ADJACENT TO THE EAST LINE OF
LOTS 16 THROUGH 21, INCLUSIVE.
Containing 10,569 square feet, more or less.
PASSED AND ADOPTED in reg,~!~r session on this the
,2002.
day of
ATI"EST:
MAYOR
City Clerk
2 RES. NO. 39-02
I "' CITY
ATTORNEY "
J BUILDING
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MARTIN LUTHER KING JR. DRIVE N,W. 2ND ST. N.E 2ND ST.
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~ ~ ~A~ e~m. ~ BLOCK 36, REVISED P~T OF BLOCK 36 (PB 5, PG 38)
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-- 'k.~.~,.~..-~ ~ ~1., ~ BLOCK36 I _ _
LOT 14 BL('~K 36 ~:~ ~ , LO~ 12
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· ~ ~ ~ ~ LOT 9 ~36
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LOT 2~ ~ 36 ~00~, ~ ~0 8, BLO~ 3
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LOT 24, ~0~ 3~ ~~ LOT 5 ~ ~
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LOT Z ~0~ 3~
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-'i
i
[lTV I]F I]ELRR¥
DELRAY BEACH
CiTY CLERK
100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 · 561/243-7000
1993
CERTIFICATION
I, BARBARA GARITO, City Clerk of the City of Delray Beach, do
hereby certify that the attached document is a true and correct copy of
Resolution No. 39-02, as the same was passed and adopted by the Delray
Beach City Commission in regular session on the 6th of August, 2002.
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,
2002.
Barbara Garito
City Clerk
City of Delray Beach, Florida
(SEAD
THE EFFORT ALWAYS MATTERS