Res 14-92 RESOLUTION NO.
14-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING CERTAIN
UTILITY EASEMENTS, PLATTED BUILDING LINE AND PLATTED
RADII LYING WITHIN BLOCK I, SEGER'S ADDITION TO DELRAY
BEACH, FLORIDA AS RECORDED IN PLAT BOOK 13, PAGE 16 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND
BEING MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, Michael M. Listick and J.P. Listick, his wife, are the
fee-simple owners of Lots 1 thru 23, Block 1, Seger's Addition to Delray
Beach, Florida, as recorded in Plat Book 13, Page 16 of the Public
Records of Palm Beach County, Florida; and,
WHEREAS, Michael M. Listick and J.P. Li~tick, his wife, have
made application for abandonment of certain utility easements, platted
building line and platted radii lying within Block 1, Seger's Addition
to Delray Beach, Florida; 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 utility easements,
platted building line and platted radii,
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:
UTILITY EASEMENTS
A 3 foot utility easement lying over the north 3.00
feet of Lot 1 and Lots 5 thru 23, and a 3 foot utility
easment lying over the west 3.00 feet of Lots 2 thru
4, Block 1, Seger's Addition to Delray Beach, Florida,
a Subdivision as recorded in Plat Book 13, Page 16 of
the Public Records of Palm Beach County, Florida.
PLATTED BUILDING LINE
A 15 foot platted building line lying within Block 1,
Seger's Addition to Delray Beach, Florida, a
Subdivision as recorded in Plat Book 13, Page 16 of
the Public Records of Palm Beach County, Florida.
PLATTED RADII
The spandrel of a 25 foot radius in the southeasterly
corner of Lot 4 and the spandrel of a 25 foot radius
in the southwesterly corner of Lot 23, Plat of Seger's
Addition to Delray Beach, Florida, a Subdivision as
recorded in Plat Book 13, Page 16 of the Public
Records of Palm Beach County, Florida.
PASSED AND ADOPTED in regular session on this the 21st day of
January, 1992.
This prepared by:
instrument
ATTEST:~. ffJ ;~ Jeffrey S/ Kurtz,City Atty.
(~~~]'~D7/'/~2,~ 200 N.W. 1st Avenue
City ~lerk-,,/ 7- Delray Beach, FL 33444
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CERTIFICATION
I, ALISON MACGREGOR HARTY, 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. 14-92 passed by the
Commission on January 21, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and the official
seal of the City of Delray Beach, Florida, on this the 18th day of
February, 1992.
"~ , , -Alison ~acGr'eg~r Har~y '
~1" ';~, '" CityCity Clerkof
Delray
Beach
RECORD VERIFIED
PALM BEACH COUNTY, FLA.
THE EFFORT ALWAYS Mn-I'-![:i~:; CLERK CIRCUlT COURT
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM ~ ~° ~ ~ - MEETING OF JANUARY 21, 1992
RESOLUTION NO. 14-92
DATE: January 17, 1992
This is a resolution vacating and abandoning a three foot utility
easement lying over the north three feet of Lot 1 and Lots 5 through
23, and a three foot utility easement lying over the west three feet
of Lots 2 through 4, Block 1Seger's Addition.
The applicant is requesting this abandonment in order to allow
development to occur. The three foot utility easement has not been
used, nor is it of value, and no utility providers have objected to
the abandonment.
When Sea Avenue was abandoned, the previously platted "setback"
should have been deleted from the plat, thus allowing future
buildings to simply observe normal setback requirements for lot
lines. Similarly, there are two platted 25 foot radii at the corners
of Andrews Avenue and Ocean Boulevard. These should have also been
abandoned with Sea Avenue; and therefore it is appropriate to abandon
them now.
The Planning and Zoning Board is not required to consider abandonment
of easements.
Recommend approval of Resolution No. 14-92 abandoning a three foot
utility easement lying over the north three feet of Lot 1 and Lots 5
through 23, and a three foot utility easement lying over the west
three feet of Lots 2 through 4, Block 1Seger's Addition, a 15 foot
platted building line lying within Block 1, Seger's Addition and two
platted 25 foot radii at the corners of Andrews Avenue and Ocean
Boulevard.
CITY COMMISSION DOCUMENTAT I ON
TO: DAVID T. HARDEN, qITY MANAGER.
\
THRU: DAVID J.~<KOVACS, DIRECTOR
DEP~RTME~OFpLANNING AND ZONING
FROM: -~r
Planning Technician II
SUBJECT: MEETING OF JANUARY 21, 1992
ABANDONMENT OF UTILITY EASEMENT, BUILDING SETBACK LINE,
AND PLATTED RADII
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of abandonment of a 3' utility easement, 15'
platted building setback line, and two platted 25' radii
within Block 1 Seger's Addition to Delray Beach, Florida
The project is located between Andrews Avenue and North
Ocean Boulevard, south of Northeast 8th Street
BACKGROUND:
In December 1991 the Planning Department received a request to
abandon a 3' utility easement and a 15' platted setback line
within Block 1Seger's Addition. All 23 lots within the Seger's
subdivision are under common ownership.
The request is being made to allow development to occur. The 3'
utility easement has not been used, nor is it of value, and no
utility providers have objected to the abandonment.
Sea Avenue has been previously abandoned. At that time, the
previously platted "setback" should have been deleted from the
plat, thus allowing future building to simply observe normal
setback requirements for lot lines. Similarly, there exists two
platted 25' radii at the corners of Andrews Avenue and Ocean
Boulevard. These should have been abandoned when Sea Avenue was
abandoned and it is appropriate to abandon them now.
PLANNING AND ZONING BOARD CONSIDERATION:
No Planning and Zoning Board consideration is required for the
abandonment of an easement, platted setback line, or platted
radii.
City Commission Documentation
Seger's Utility, Platted Setback Line and Platted Radii Abandonment
Page 2
RECOMMENDED ACTION:
By motion, approve the abandonment for the 3' utility easement,
15' platted setback line, and platted 25' radii within Block 1
Seger's Addition through resolution 14-92.
Attachment:
* Site location map and survey reduction