Res 03-04RESOLUTION NO. 03-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DRI.RAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF A 12' WIDE DRAINAGE
EASEMENT LOCATED ON THE PLAT OF LINTON CENTER
(NOW LAKEVIEW APARTMENTS), AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a portion of a 12' wide drainage easement located on the plat of Linton Center
(Plat Book 39, Pages 8-9), now known as Lakeview Apartments (Plat Book 99, Pages 131-134);
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 in Exhibit
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DFJ.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
That the foregoing recitals are hereby incorporated herein by this
reference.
Section 2. 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 in Exhibit "A":
PASSED AND ADOPTED
· 2004.
ATrEST:
City Clerk
in reg. l~r session on this the & day of
2 RESOLUTION NO.. 3-04
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY
PAUL DORLING, DIRECTOR OF PLANNING AN~G
NGUYEN TRAN, SENIOR PLANNER,.
MEETING OF JANUARY 6, 2004 C~)NSENT AGENDA*
ABANDONMENT OF A PORTION OF A 12-FOOT WIDE DRAINAGE
EASEMENT WITHIN THE PLAT OF LINTON CENTER (NOW LAKEVlEW
APARTMENTS), LOCATED ON THE EAST SIDE OF S.W. l0TM AVENUE,
SOUTH OF LINTON BOULEVARD.
The request involves abandoning a portion of a 12' wide drainage easement located on the plat of
Linton Center, now known as Lakeview Apartments plat (a.k.a. Lincoln Park development). This
development is located on the east side of S.W. 10th Avenue, south of Linton Boulevard.
The subject easement was originally dedicated as a drainage easement on the plat of Linton Center
(Plat Book 39, Pages 8-9) for maintenance of drainage facilities and for ingress-egress purposes.
The plat of Linton Center was recorded on January 15, 1980.
On October 27, 1981, the plat of Linton Center was replatted by the plat of Lavers North and a new
drainage easement was dedicated as a replacement. The new drainage easement was revised to
fit/accommodate the site plan changes associated with the Lavers North development. With the
development of Lavers North, a five-story building was constructed over a portion of the original 12'
drainage easement.
The entire area was once again replatted with the recordation of the plat of Lakeview Apartments
(Plat Book 99, Pages 131-134) on July 31, 2003 and only the replacement easement was carried
over and shown on the new plat. The entire development was recently acquired by RAM
Development and concerns were raised as to whether the original easement, dedicated on the plat
of Linton Center, still exist even though the property was replatted by the plat of Lavers North and
Lakeview Apartments. Although easements that are knowingly omitted from replats are considered
abandoned, the applicants attorneys have recommended that the official abandonment process be
undertaken.
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.
The City's Environmental Services Department (water & sewer service), Florida Public Utilities
Company (gas service), Florida Power & Light, BellSouth, and Adelphia Cable have reviewed the
request and did not locate any facilities within the original easement area; therefore, they have no
objection to the abandonment.
The request currently before the City Commission is to formally abandon a portion of this drainage
easement through special instrument (City Resolution) in order to satisfy any concerns about the
status of the easement.
By motion, approve the abandonment of a portion of the 12' wide drainage easement; located on the
plat of Linton Center (now Lakeview Apartments), based upon positive findings with respect to LDR
Section 2.4.6(P)(5), Abandonment of Public Easements.
Attachments;
MA ROONE ~ SOU THRIDGE :z
o VILLA GE ~- SOU THRIDGE
DODGE CONDO
~ CONDO ~
/
LIN TON BOULEVARD
LIN TON IN TERNA TI( ~NAL PLAZA
,,,o -- REPLACEMENT EASEMENT (EXISTING)
J J ?/ ~.. EASEMENT DEDICATED ON
/ J ,// ~ ~ PLAT OF LINTON CENTER
./~ /%~.~ (_.~E ABANDONED)
N
~ - ABANDONMENT -
CITY OF DELRAY BEACH, FL PORTION OF A 12' WIDE DRAINAGE EASEMENT
PLANNIN~ & ZONING DEPARTMENT
RESOLUTION NO. 03-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF A 12' WIDE DRAINAGE
EASEMENT LOCATED ON THE PLAT OF LINTON
CENTER (NOW LAKEVIEW APARTMENTS), AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a portion of a 12' wide drainage easement located on the plat of Linton Center
(Plat Book 39, Pages 8-9), now known as Lakeview Apam,,ents (Plat Book 99, Pages 131-134);
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 Dekay 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
in Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
That the foregoing redtals are hereby incorporated herein by this
reference.
Section 2. 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 in Exhibit "A":
PASSED AND ADOPTED in regular session on this the __
,2004.
day of
MAYOR
ATI'EST:
City C~e~k
2 RESOLUTION NO. 3-04
EXHIBIT "A"
LEGAL DESCRIPTION:
A portion of Tracts "8". 'C' and 'D' of LAKE'vlEW APARTMENTS according to the Plot thereof, es recorded in
Plat Book gg. at Pages 131 thru 134 of the Public Records of Palm Beech County, Flor[do, being more
pol'ticulorly described OS follows:
Commence at the most Southerly Southeast corner of sold Tract "C" of said LA~EV~EW APARTMENTS; thence
North 21'00'00" East along the Southeasterly exterior boundary llne of said Tract "Ch for 518.48 feet;
thence North 84'07'58" East along the Southerly exterior boundary line of sold Tract "C" for 2,3.92 feet to
the Point at Beginning of the herelnofter described 40.00 foot wide drainage easement to be vacated;
thence North 05'48'21" West (3[ong the centerllne of said 40.00 foot wide drainage easement to be vacated
as shown on the Plot of UNTON CENTER according to the Plot thereof, os recorded in Plot Book 39 at
Pages 8 ~tnd g of sold Public Records of Palm Beach County, Florida, for 55.50 feet to the Point of
Terrnlnotlon of sold 40,00 foot wide dralnoge easement to be vacated also being the Point of Beginning of
the hereinofter described 12.00 foot wide drolnoge easement to be vacated; thence North 65,22'06" West
along the centerline of said 12.00 foot wide drolnoge easement to be vacated os shown on said Plot of
UNTON CENTER for 505,71 feet to o point on the Northwesterly exterior boundary llne of sold Tract
also being the Southeasterly right-of-woy line of Southwest loth Avenue os shown on sold Plot of
LAKEVIEW APARTMENTS being the Point of Termlnotion of said 12.00 foot wide drainoge easement to be
vacated,
NOTE: Side lines of the foregoing strips ore to be lengthened or shortened so os to create o continuous
40.00 foot and 12.00 foot wide strip to be vacated.
SURVEYOR'S NOTES:
- This site lles in Section 29, Township 46 5auth. Range 4.3 East. City of Delroy Beach Beach.
Palm Beach County, Flor[do.
- Bearings hereon ore referred to on assurned value of N2t'O0'00"E for the Southeasterly exterior
boundary line of Tract "C". sold bearing is identical with the plot of record.
- Lands shown hereon were not abstracted for easements and/or rights--of-way of
records.
-- This is not o "8oundory Survey" but only a graphic depiction of the description
- Dimensions shown hereon ore based on Fortin. Leery, Skiles, sketch ~ 2098-086-1.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was mode under rny responsible charge
on September 26, 2005, and meets the Minimum Technicol Standards os set forth by the
Florida Board of Professional Surveyors and Moppers in Chapter 61G17-$. Florida
Adrnin;strotive Code. pursuant to Section 472.027, Florldo Statutes.
"Not volld without the signature and the original rolsed
seal of o Florida Licensed Surveyor and Mapper"
FORTIN~NC., LB3653
DRAINAGE EASEMENT VACATION
'Dre~n By DCFJR ~ DESCRIPTION, NOTES & CERTIFICATION '~ ~)~,~e 9/26/05
c~a. ~o. ozt494 FORTIN, LEAVY, S KILES, 1NC.
Ret. Dwg. 2098-086-1 CONSULTING ENGINEERS, SURVEYORS & MAPPERS Job. No. 031494
EXHIBIT "A"
NORTH 1/4 CORNER -~ ~NORTH LINE OF
SECTION 29-46-43 ~ \SECTION 29-46-43
N87'37'0~"~.~. ~oo.o0'
DRAINAGE ~ ~ ~-- __ ~ -- LINTON BOULEVARD
..... ~C ....
EASEMENT~ , - I~ ~.~.. , ~
,.~/ // ~ ~ ~ ~ ~ ,~
LOCATION MAP
SECTION 29, TOWNSHIP 46 SOUTH, RANGE EAST
CI~ OF DELRAY BEACH BEACH,
NOT TO SCALE
DRAINAGE EASEMENT VACATION
DCFJR ~ LOCATION MAP ~ e~* 9/26/03
cad. ~o. 0~l,g4--~..--.~.~nOm~T.~..[~,~q ~LES, ~C. ~-~. NOT TO SCALE
Re~. Dwg. 2098-086-1 CO~S~G ENG~ERS, S~YOES & ~P~ES Job. No. 051494
TERMINATION ~' ~ / ~ ~ ~ ~ _
I ~.,I/i ~KEVlEW APARTMENTS /
ST. TROPEZ AT DEL~Y B~CH ---- / GRAPHIC SCALE
POINT OF COMMENCEMENT
/DRAINAGE
/ EASEMENT VACATION
~ By DCFJR F SKETCH OF DESCRIPTION ~ Bale 9/26/05
Cad. No. 051494 FORT~, LEA~, S ~LES, ~C. s.,~, ~' = ~oo'