Res 110-93Nrn:PPRINT(804). Rq:5310,2
RESOLUTION NO. 110-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING
GENERAL UTILITY AND WATER EASEMENTS LOCATED WITHIN
TRACTS B AND C OF THE PLAT OF CONGRESS PARK SOUTH,
SAID EASEMENTS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Flbrida, is the beneficiary
of three general utility and one water easement, as shown on the Plat of
Congress Park South recorded in Plat Book 47, Pages 98 and 99, Public
Records of Palm Beach County, Florida, the legal descriptions for the
four easements are attached hereto as Exhibits "A ...., B", "C", and "D";
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 interests of
the City of Delray Beach to vacate and abandon said portion of the
easements; and
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 that the easements
described in Exhibits "A", "B", "C" and "D", which are attached hereto
and incorporated herein, shall be vacated and abandoned.
Section 2. That this Resolution shall become effective upon
recording of the replat for Congress Park South.
PASSED AND ADOPTED in regular sessj~oa~on the 14th day of
December , 1993. /~//,~J~-'~~
Ctty Clerk
-~*; Nrn: PPRI NT(804), Rq:5310,1
£1TV DF DELRI1V BEIII:H ..
o.,,¥.,,c. CITY CLERK
~ ~ o . ~ o ~ 100N.W. tstAVENUE · DELRAYBEACH, FLORIDA 33444 · 407/243-7000
e 01~ ~4-t3; P~ &'16
I Illlllllllll I II ~tll Ill
1993
CERT I F I CAT IQN
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. 110-93, passed and adopted by the
City Commission of the City of Delray Beach, Florida, in regular
session on December 14, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
22nd day of August, 1994.
Alison MaCGregOr &{arty
City Clerk
· '- City of Delray Beach
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THE EF'FORT ALWAYS MATTERS
P~nled on Recycled
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EXHIBIT "A"
Commencing at the Northwest corner of said Tract L-4; Thence East along
the North line of said Tract L-4, a distance of 60.00 feet, to the Point
of Beginning (P.O.B.), said point being the centerline of a 12.0 foot in
width Utility Easement, whose side lines are 6.00 foot each side
thereof; Thence South 00°00'00'' East, a distance of 104.09 feet, to a
Point Terminating on the North Line o~ Tract R as shown on said Plat of
"Congress Park South", Plat Book 47, Pages 98-99, of the Public Records
of Palm Beach County, Florida.
2 Res. NO. 110-93
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PropMty Ai;)l~,al~4f~ I~ircM I~entlflealio~ (Folo) Nultlbe~a):
FI
150 $..ANDREWS AVE-NUE, SUITE ..%50, POMPANO B~ACH, F"LOI~IDA ..33069
L,- O N.W. TRACT CORNER C--4 OF '-~ FP.O.C.
'CONCRE$~ PARk{ SOUTh'
~ ~ P.B. 47, PG. 98 ag 99,
~ POINT OF
ABANDONED EASEMENT -- 2 ~As ~ N
.lJi / N
~lflcatlon: . S~ 1' ' ~.0' PAGZ I OF a
to bctl~ 47~027. ~do
By
~d~gr~fld ut~tleo not Ioflted ev~t el ~4~. ~ N~
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EXHIBIT "B"
Commencing at the Southwest corner of said Tract C; Thence North
00o09'26" East along the West line of said Tract C, a distance of 44.00
feet; Thence North 90°00'00'' Emst, a distance of 66.07 feet, to the
Point of Beginning (P.O.B.), said point being the centerllne of a 12.0
foot in wldth Water Easement, whose side lines are 6.00 foot each side
thereof; Thence North 90°00'00'' East, a distance of 246.12 feet; Thence
North 45°18'31'' East, a distance of 87.23 feet to the Point of Tez~nlnus.
3 Res. No. 110-93
I [~ t I I T I I I II 1 I
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Return to: (enclose self-addressed s~amped e~ve~ope,
Addm~i:
ORB
Property ap~.ais~s Pan~ Idemlficmion (Ftiio) Number,s):
P.O.C. 150 S. ~DR~S A~NUE, S~ 350, POMP~O B~CH. ~ORIDA 33089
* ' ~T LINE ~ACT
~ N.9o'oo'oo'~.
~ ~.~ ~ ~ACT C
~1~ "CONGRESS PARK
ilili
~ACT D
S~TCH O~
ABANDONED~ EASEMENT -- 4
I tO Sect~fl 47~027. ~do Stotutoi
Ufld~rou~d u[ll~oe ~ot Iocoted e~c~t ol ~o~
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OR8 8~ 't 3 P~ 622
EXHIBIT "C"
Commencing at the Southwest corner of Tract L-2~ Thence North along the
East line of said Tract B, a distance of 129.26 feet; Thence along a
curve having a Radial Bearing of South 12°34'14'' East, said curve being
concave to the Sou=h, having a Central Angle of 08°37'35'', a radius of
170.00 feet, and an Arc Length of 25.60 feet, to a point of Reverse
Curve; Thence Westerly along a curve concave to the North, having a
Central Angle of 21°11'50'', a radius of 170.00 feet, and an Arc Length
of 62.89 feet, to a point of Tangency; Thence North 90°00'00'' West, a
distance of 271.06 feet; Thence North 00~00'00'' East, a distance of
265.67 feet, to the Point of Beginning (P.O.B.) said point being the
centerline of a 24.0 foot in width Access and Utility Easement, whose
side lines are 12.00 foot each side' thereof; Thence North 00°00'00''
East, a distance of 17.41 feet, to the Point of Curvature; Thence
Westerly along a curve concave to the East, having a Central Angle of
21°47'12'', a radius of 140.00 feet, and an Arc Length of 53.23 feet, to
a point of Reverse Curve; Thence Easterly along a curve Concave to the
West, having a Central Angle of 43°34'25'', a radius of 140.00 feet, and
an Arc Length of 106.47 feet, to a point of Reverse Curve; Thence
Westerly along a curve concave to the East, having a Central Angle of
21~47'12'', a radius of 140.00 feet, and an Arc Length of 53.23 feet, to
a Point of Tangency; Thence North 00~00'00'' East, a distance Of 325.08
feet; Thence North 90000'00" East, a distance of 32.00 feet, to a point
terminating on the West Line of Tract R as shown on said Plat of
"Congress Park South", Plat Book 47, Pages 98-99, of the Public Records
of Palm Beach County, Florida.
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ORB 8ze ! 3; PT 623
Properly Aplx~era Parcel kjerlllflc~JOfl
150 S. ~a~S A~, ~ 350, PO~O B~CH, FLOmDA 33069
[. 265.67'
~ ~ ! ~ACT e
...... < ~ ~ 'CONGRE~ PARK SOU~*
S.W.
OF TRACT
~ST UNE ~ ~ACT 8
~ACT A
S~TCH OF LEGAL
AB~DONED EASEMENT -- 6
I h~eby ~ify thor t~lo
belief ~d ~ ~ mlell the
~d~ n ~CT NO
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========================================================================= :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
150 $. AHDREW$ AVENUE, S~ 350, POMP~O B~CH, FLO~DA 33069
~P.R.C.
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~o ~1~ ',1~--~'~('~ POINT OF~ ~,
-- --~ Iii ~,, RAO.--~ ~.00' ~MINUS
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~ -- / : IlI reACT D I:l:l~
~ACT A ' III IJJl~ X
ABANDONED EASEMENT '-- 6
Ce~iflcatlon: s~ 1' = 800.0' PaGi a O~ 4
I her~y e~fy ~el ~le I~My il t~e ~ ~lct te ~e ~11 of my ~d~e ~d
~IDA R~S~ED-~D ~~5 M~ ~ ~~
Und~gr~nd ut~tlel not located except es ~o~. P~CT NO.
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EXHIBIT "D"
Commencing at the Southwest corner of Tract L-2; Thence North along the
East line of said Tract B, a distance of 129.26 feet, to the Point of
Beginning (P.O.B.), said point being the centerline of a 24.0 foot in
width Access and Utility Easement, whose sloe lines are 12.00 foot each
side thereof; Thence along a curve having a Radial Bearing of South
12"34'14'' East, said curve being concave to the South, having & Central
Angle of 08°37'35'', a radius of 170.00 feet, and an Arc Length of 25.60
feet, to a point of Reverse Curve; Thence Westerly along e curve coRcave
to the North, having a Central Angle of 21°11'50'', a radiua of 170.00
feet, and an Arc Length of 62.89 feet, to a point of Tangenc¥; Thence
North 90°00'00" West, a distance of 271.06 feet; Thence North 00°00'00''
East, a distance of 265.67 feet, to the Point of Terminus.
I ! 5 Res. No. 110-93
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Return to: (encloe~o so~f~sdclre~ I~p~:~ orr~k71~)
ORB 8z,- ~. ~, Pm ~::) 2. ~:~
DOROTHY H I, IZLKEN
CLERK OF THE COURT - Pi] CO~,,INTY~ FL
ProDer~y Apl>r~l~esl Pmrc~ ~i~. {Folio)
1~50 $. ANDREWS A'¢~NUE. SUITE :350, POMP'A. DtO UF. AC:H, PI..ORIDA ;3~009
ir~ ~ / I :It , II
~ACT E ',',:.t I POINT OF / I ',',! ~ '.1
' ~ ~,',i~ t ~RMINUS i ~il Il
<~ Iill~ P.e. 47. pG.
I ~=1I .
_ ~ ~ACT A
SKETCH OF LEGAL
ABANDONED EASEMENT -- 7
I,.,. 1
.-~.
/f~ ~**,,,,, I ce~ify this document to be a true copy of the record in my office
~~~~t _ this- FIRST. day of D~CEMB~R, 1994
~, DOROT gK~C]er~ of C~rt, Palm Beach Count,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~~
SUBJECT: AGENDA ITEM ~ ~ - MEETING OF DECEMBER 14. 1993
RESOLUTION NO. 110-93
DATE: December 10, 1993
This is a resolution vacating and abandoning general utility and water
easements located within Tracts B and C of the plat of Congress Park
South.
During the review of the site plan and plat for the Levenger
development it was discovered that certain easements, both public and
private, needed to be abandoned. The private easements have been
abandoned and the appropriate documentation has been provided.
All comments pertaining to the abandonment of the public easements
have been received. There are no objections to the proposed
abandonment. Replacement easements have been provided through a
replat of the property, which is also on your agenda for approval.
Recommend approval of Resolution No. 110-93.
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
PLANNER
SUBJECT: MEETING OF DECEMBER 14, 1993
ABANDONMENT OF PUBLIC EASEMENTS **CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the abandonment of three (3) general utility
easements and one (1) specific easement (water) located
within Tracts B and C of the plat of Congress Park South.
Congress Park South is located west of Congress Avenue,
between Atlantic Avenue and Lowson Boulevard.
These easement abandonments are being processed pursuant to
LDR Section 2.4.6(P), Abandonment of Public Easements.
B A C K G R O U N D:
On April 13, 1993 the City Commission, through Ordinance 25-93,
approved the rezoning of Tracts B and C of Congress Park South
from PCC (Planned Commerce Center) to LI (Light Industrial).
This rezoning was enacted to accommodate the Levenger
development.
Concurrent with the rezoning request the applicant also
submitted a site plan and a boundary plat petition for the site.
During review of the site plan and plat it was discovered that
certain easements, both public and private, would need to be
abandoned. These existing easements were initially placed to
accommodate a future building which has since been replaced by
the Levenger building. Once these easements are abandoned,
replacement easements will be dedicated with the replat.
The request to abandon the four (4) public easements was
transmitted to the appropriate utility providers and City staff
in April, 1993. Notice was also made to the applicant that the
six (6) private easements that needed to be abandoned would
require private action through the Congress Park South Owners
Association. Documentation showing the abandonment of the
private easements has been provided. Action on the public
easements will take place concurrently with approval of the
final plat.
City Commission Documentation
Abandonment of Public Easements - Congress Park South
Page 2
Ail comments pertaining to the abandonment of the four (4)
public easements have been received. There are no objections to
the proposed abandonment, therefore the this item is ready for
Commission action. ~
PLANNING AND ZONING BOARD CONSIDERATION:
No Planning and Zoning Board consideration is requi~ed for the
abandonment of public easements. .,
R E C 0 M M E N D E D A C T I 0 N:
By motion, approve the abandonment of one (1) 12' general
utility easement, two (2) 24' general utility easements, and one
(1) 12' water easement through the enactment of Resolution -93,
pursuant to the following condition:
* That this abandonment shall not become effective and
this Resolution shall not be recorded until the plat
for Congress Park South has been recorded.
Attachment:
* Reduced Survey & Location Map
T:CPKSEACC.DOC
LAKE
I
CONGRESS PARK
SOUTH
u'J×I6. U4. 1'4: 1' '~ 4u7 2/2 6~!~31 t:~i~ a Asr:.,:,,::. -ZJ
CLERK OF THE CiRCUiT COURT
P. O, BOX 4177
WEST PALM BEACH FL 3340:2
PLEASE RETAIN THIS RECEIPT , THN~< YOU
CFN DOC-TYPE ORBK-PAGE A~UNT
P~SENTEO BY: ~INER, MJCHAEL
~CORDING ~45. O0
TOT~ ~S Ot~ ~45. OD
~295 ~5. O0
~MO~T TENDE~D '$45.
BALANCE $, DO
OFFICIAL