Res 16-94 RESOLUTION NO. 16-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
TWELVE (12) FOOT WIDE UTILITY EASEMENT, A TWELVE (12)
FOOT WIDE SANITARY SEWER UTILITY EASEMENT, AND A TEN
(10) FOOT WIDE WATER UTILITY EASEMENT LOCATED WITHIN
A PORTION OF THE PLAT OF LAGO DEL REY, PLAT II A,
RECORDED IN PLAT BOOK 39, PAGE 170; A PORTION OF
TRACTS A AND B, LAGO DEL REY, RECORDED IN PLAT BOOK
30, PAGE 69, AND A PORTION OF THE PLAT OF LAGO DEL
REY, PLAT II A, RECORDED IN PLAT BOOK 39, PAGE 170;
AND A PORTION OF PARCEL P, HIDDEN LAKE, AS RECORDED
IN PLAT BOOK 63, PAGES 180 AND 181; ALL OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED HEREIN.
WHEREAS, Guardian Construction Corporation is the fee simple
owner of a portion of the Plat of Lago Del Rey, Plat II A, recorded in
Plat Book 39, Page 170; a portion of Tracts A and B, Lago Del Rey,
recorded in Plat Book 30, Page 69, and a portion of the Plat of Lago
Del Rey, Plat II A, recorded in Plat Book 39, Page 170; and a portion
of Parcel P, Hidden Lake, as recorded in Plat Book 63, Page 180 and
181; all of the Public Records of Palm Beach County, Florida; and
WHEREAS, Lloyd Hasner, Agent, has made application for the
abandonment of a twelve (12) foot wide utility easement, a twelve (12)
foot wide sanitary sewer utility easement, and a ten (10) foot wide
water utility easement located within the Plat of Lago Del Rey and
Hidden Lake; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, 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
utility easements.
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:
ORB
12 FOOT WIDE UTILITY EASEMENT
A parcel of land 12.00 feet in width lying in Parcel
P, Hidden Lake, as recorded in Plat Book 63, Pages
180 and 181, of the Public Records of Palm Beach
County, Florida, lying in Section 18, Township 46
South, Range 43 East, Palm Beach County, Florida,
which is a portion of the utility easement
graphically shown thereon, lying 6.00 feet each side
of the following described centerline:
That particular twelve (12) foot utility easement
which lies in the northwest corner of Parcel P of the
Plat of Hidden Lake as recorded in Plat Book 63,
Pages 180 and 181 of the Public Records of Palm Beach
County, Florida. The north line of said easement
being the north line of Parcel P and the west line of
said easement being the west line of the Plat of
Hidden Lake.
12 FOOT WIDE SANITARY SEWER UTILITY EASEMENT
A parcel of land 12.00 feet in width lying in the
Plat of Lago Del Rey, Plat II A, of Section 19,
Township 46 South, Range 43 East, as recorded in Plat
Book 39, Page 170 of the Public Records of Palm Beach
County, Florida, which is a portion of the utility
easement graphically shown thereon, lying 6.00 feet
each side of the following described centerline:
Beginning at the northwest corner of the Plat of Lago
Del Rey, Plat II A, run north 90 degrees 00'00" east,
along the north line of the Plat of Lago Del Rey,
Plat II A, a distance of 308.51 feet; thence south 00
degrees 00'00" west, a distance of 24.00 feet to the
Point of Beginning; thence run south 90 degrees
00'00" west, along said centerline, said line being
parallel to the north line of the Plat of Lago Del
Rey, Plat II A, a distance of 300.50 feet; thence
south 00 degrees 06'54" east, along said centerline,
said line being parallel to the west line of the Plat
of Lago Del Rey, Plat II A, a distance of 573.55 feet
to the Point of Terminus.
- 2 - Res. No. 16-94
Ot B 8473 1 37
10 FOOT WIDE WATER UTILITY EASEMENT
A parcel of land 10.00 feet in width lying in a Plat
of Lago Del Rey, Plat II A, of Section 19, Township
46 South, Range 43 East, as recorded in the Public
Records of Palm Beach County, Florida, which is a
portion of the utility easement graphically shown
thereon, lying 5.00 feet each side of the following
described centerline:
Beginning at the northwest corner of the Plat of Lago
Del Rey, Plat II A, run north 90 degrees 00'00" east,
along the north line of the Plat of Lago Del Rey,
Plat II A, a distance of 308 51 feet; thence south 00
degrees 00'00" west, a distance of 41 00 feet to the
Point of Beginning; thence run south 90 degrees
00'00" west, along said centerline, said line being
parallel to the north line of the Plat of Lago Del
distance of 285 47 feet; thence
Rey, Plat II A, a .
south 00 degrees 06'54" east, along said centerline,
said line being parallel to the west line of the Plat
of Lago Del Rey, Plat II A, a distance of 556.55 feet
to the Point of Terminus.
PASSED AND ADOPTED in regular session on this the 22nd day
of February, 1994.
ATTEST:
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- 3 - Ros. No. 16-94
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1993
CERTIFICATION
I, ALISON MacGREGOR HARTY, City Clerk of the City of Delray
Beach, Florida, do hereby certify that the attached is a true and
correct copy of Resolution No. 16-94, passed and adopted by the
City Commission of the City of Delray Beach in regular session on
February 22, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
16th day of September, 1994.
Aiison M~Greg~r Hartyy
city Clerk
City of Delray Beach
SEAL
THE EFFORT ALWAYS JV~ATTERS
Printed on Recycled Paper
Return to: (enclose self-addressed stamped envelope)
Name
OF~ 8473 Pg t858
DOROTHY H. WILKEN, CLERK PB COUNTY,
Property Appraisers Parcel Identification (Folio) Number(s):
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ff~
SUBJECT: AGENDA ITEM ~ ~ - MEETING OF FEBRUARY 22. 1994
RE$0LUTIQN NO. 16-94/ABANDONMENT OF PUBLIC EASEMENTS AT
CLEARBROOK PARK:
DATE: FEBRUARY 18, 1994
This is a resolution to abandon two easements; two specific water and
sewer easements (10' water easement and 12' sewer easement), and one
general 12' utility easement, within Clearbrook Park. The project is
located on the west side of Homewood Boulevard south of Atlantic
Avenue, between Lago Del Rey and Woodlake Subdivisions.
Clearbrook Park is to be developed on property that was previously
planned for the Lago Del Rey development. The building planned for
this property was never constructed; however, the property contains
three existing public easements that need to be removed in order to
accommodate the Clearbrook Park development. With the development
plan for Clearbrook Park the existing easements are shown as
abandoned and new easements are indicated to replace them. The new
easements will be dedicated with the Clearbrook Park plat.
All appropriate utility providers have reviewed the abandonment
petition and no objections were received.
Recommend approval of Resolution No. 16-94.
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: N j
FROM:
PLANNER
SUBJECT: MEETING OF FEBRUARY 22, 1994
ABANDONMENT OF PUBLIC EASEMENTS **CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
apDroval of the abandonment of 2 specific easements (water
and sewer) and 1 general easement (utility easement) within
Clearbrook Park. The project is located on the west side of
Homewood Boulevard south of Atlantic Avenue, between Lago
Del Rey and Woodlake Subdivisions.
This abandonment is being processed pursuant to LDR Section
2.4.6(P), Abandonment of Public Easements.
BACKGROUND:
On December 20, 1993 a minor master plan modification to the
previously approved master plan for Clearbrook was approved by
the Planning and Zoning Board. This modification involved the
addition of 14 single family lots to be known as Clearbrook
Park. Concurrent with the master plan modification a final plat
for Clearbrook Park was also recommended for approval.
Clearbrook Park is to be developed on property that was
previously planned for the Lago Del Rey development. The
building planned for this property was never constructed,
however the property contains 3 existing public easements that
need to be removed in order to accommodate the Clearbrook Park
development. With the development plan for Clearbrook Park the
existing easements are shown as abandoned and new easements are
indicated to replace them. The new easements will be dedicated
with the Clearbrook Park plat.
All appropriate utility providers have reviewed the abandonment
petition and no objections were received. The abandonments are
ready for City Commission action.
City Commission Documentation
Easement Abandonments - Clearbrook Park
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board is not required to review the
abandonment of public easements.
RECOMMEND ED ACTION:
By motion, approve the abandonment of the 10' water easement,
12 ' sewer easement, and 12 ' utility easement through the
enactment of Resolution 16-94.
Attachment:
* Location Map & Reduced Survey
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