Res 41-94 RESOLUTION NO. 41-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
TEN (10) FOOT SANITARY SEWER EASEMENT LYING WITHIN
THE PLAT OF SIMMONS CAY, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 69, PAGE 100, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND
BEING MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, Robert L. Simmons, as Trustee of the Robert L.
Simmons Trust, is the fee-simple owner of Simmons Cay, according to
the Plat thereof recorded in Plat Book 69 at Page 100 of the Public
Records of Palm Beach County, Florida; and
WHEREAS, Phil Barnhart, as duly authorized Agent, has
made application for the abandonment of a ten (10) foot sanitary
sewer easement located within the Plat of Simmons Cay; 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
sanitary sewer easement.
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:
The West ten (10) feet, as measured at right
angles to its westerly boundary, of Simmons Cay,
according to the Plat thereof, aS recorded in Plat
Book 69, Page 100, of the Public Records of Palm
Beach County, Florida; containing 1,000 (one
thousand) square feet and subject to easements,
restrictions, reservations, and rights-of-way of
record.
PASSED AND ADOPTED in regular session on this the 5th day
ATTEST:
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RESOLUTION NO. 41-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
TEN (10) FOOT SANITARY SEWER EASEMENT LYING WITHIN
THE PLAT OF SIMMONS CAY, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 69, PAGE 100, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND
BEING MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, Robert L. Simmons, as Trustee of the Robert L.
Simmons Trust, is the fee-simple owner of Simmons Cay, according to
the Plat thereof recorded in Plat Book 69 at Page 100 of the Public
Records of Palm Beach County, Florida; and
WHEREAS, Phil Barnhart, as duly authorized Agent, has
made application for the abandonment of a ten (10) foot sanitary
sewer easement located within the Plat of Simmons Cay; 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
sanitary sewer easement.
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:
TEN FOOT SANITARY SEWER EASEMENT
The West ten (10) feet, as measured at right
angles to its westerly boundary, of Simmons Cay,
according to the Plat thereof, as recorded in Plat
Book 69, Page 100, of the Public Records of Palm
Beach County, Florida; containing 1,000 (one
thousand) square feet and subject to easements,
restrictions, reservations, and rights-of-way of
record.
PASSED AND ADOPTED in regular session on this the 5th day
ATTEST:
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DOROTHY H WII.I(EN
CLERK OF THE COURT - PB COUNTY,. FL
CEg?IFICAT ION
I, ALISON MACGREGORHARTY, City Clerk of the City of Delray
Beach, Florida, do hereby certify that the above and foregoing is
a true and correct copy of Resolution No. 41-94 which was passed
by the Commission on July 5, 1994.
IN WITNESS W-~MREOF,.I hava-hereunto set my hand'-and the
official seal of the City of Delray Beach, Florida, on this the
27 day of July, 1994.
Aliso~ MacG~g3~ ~ar~y
City Clerk
City of Delray Beach
SEAL
Return to: (enclose self-addressed stamped envelope)
Name
Address:
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: ~¢ENDA ITEM ~ ~ - MEETING OF JULY 5. 1994
RESOLUTION NO. 41-94/EASEMENT ABANDONMENT IN PLaT OF
SIMMONS CAY
DATE: JUNE 29, 1994
This is a resolution abandoning a ten (10) foot sanitary sewer
easement in the Plat of Simmons Cay, which is located along North
Ocean Boulevard between Thomas Street and Vista Del Mar Drive.
The Simmons Cay plat dedicated a 10 ft. easement along the rear of
the property that has not been used and is not intended for use.
The single family structure proposed for the property will receive
sewer service from a main along A-1-A. A tennis court proposed
along with the single family home will encroach within the existing
easement.
Since there is no existing or planned sewer main within the
easement, Environmental Services has no objections to its
abandonment to allow for the construction of the tennis court.
Recommend approval of Resolution No. 41-94 vacating and abandoning
a 10 ft. sanitary sewer easement within the Plat of Simmons Cay.
ref:a:agmemo9
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
F OM:
PLANNER
SUBJECT: MEETING OF JULY 5, 1994
ABANDONMENT OF PUBLIC EASEMENT **CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the abandonment of a 10' sanitary sewer
easement located within the plat of Simmons Cay. The
Simmons Cay plat is located along North Ocean Boulevard,
between Thomas Street and Vista Del Mar Drive.
This abandonment is being processed pursuant to LDR Section
2.4.6(P), Abandonment of Public Easements.
BACKGROUND:
In July, 1992, the City Commission approved the final plat for
Simmons Cay, subdividing the parcel into two single family lots.
Included within the Simmons Cay plat is a 10' sanitary sewer
easement along the rear of the property that has not been used,
nor is intended for use. A single family structure is now
proposed on the Simmons Cay plat. Sewer service to that
structure will be provided from a main along A-l-A, at the front
of the property. A tennis court that is proposed along with the
single family structure will encroach within the existing 10'
sewer easement.
As there is no existing or planned sewer main within the
easement, and the tennis court cannot be constructed over the
easement, the applicant has proposed its abandonment. The
Environmental Services Department has reviewed the proposal
to abandon the easement and has no objections.
PLANNING AND ZONING BOARD CONSIDERATION:
Planning and Zoning Board consideration is not required for the
abandonment of public easements.
City Commission Documentation
Simmons Cay Easement Abandonment
Page 2
RECOMMEND ED ACTION:
By motion, approve the abandonment of the 10' sanitary sewer
easement located within Simmons Cay by the enactment of
Resolution -94.
Attachment:
* Reduced Survey
T~CAYESMT.DOC
RESOLUTION NO. 41-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
TEN (10) FOOT SANITARY SEWER EASEMENT LYING WITHIN
THE PLAT OF SIMMONS CAY, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 69, PAGE 100, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND
BEING MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, Robert L. Simmons, as Trustee of the Robert L.
Simmons Trust is the fee-simple owner of Simmons Cay, according to
the Plat thereof recorded in Plat Book 69 at Page 100 of the Public
Records of Palm Beach County, Florida; and
WHEREAS, Phil Barnhart, as duly authorized Agent, has
made application for the abandonment of a ten (10) foot sanitary
sewer easement located within the Plat of Simmons Cay; 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
sanitary sewer easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
$~tion 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:
TEN FOOT SANITARY SEWER EASEMENT
The West ten (10) feet, as measured at right
angles to its westerly boundary, of Simmons Cay,
according to the Plat thereof, aS recorded in Plat
Book 69, Page 100, of the Public Records of Palm
Beach County, Flori4a; containing 1,000 (one
thousand) square feet and subject to easements,
restrictions, reservations, and rights-of-way of
record.
PASSED AND ADOPTED in regular session on this the 5th day
July,
of 1994.
ATTEST: