Res 15-92 RESOLUTION NO. 15-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ALL
EXISTING ACCESS, UTILITY, DRAINAGE, LIMITED ACCESS AND
WATER EASEMENTS LOCATED WITHIN PARCELS "B" AND '"C",
PLAT OF DELRAY BAY, AS RECORDED IN PLAT BOOK 65, PAGES
127 AND 128 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, EXCEPT CERTAIN EASEMENTS BEING MORE
PARTICULARLY DESCRIBED HEREIN.
WHEREAS, Delray Bay Associates, Ltd., a Florida limited
Partnership, is the fee-simple owner of all the lands contained in the
Plat of Delray Bay, according to the Plat thereof as recorded in Plat
Book 65, Pages 127 and 128, Public Records of Palm Beach County,
Florida; and
WHEREAS, Keith H. Kuhlman, Authorized General Partner of Delra¥
Bay Associates, Ltd., has made application for abandonment of all
existing access, utility, drainage, limited access and water easements
lying within Parcels "B" and "C", Plat of Delray Bay, as recorded in
Plat Book 65, Pages 127 and 128 of the Public Records of Palm Beach
County, Florida, except certain easements being more particularly
described herein; 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 abando~ 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:
All access utility, drainage, limited access easement
and water easements located within Parcels "B" and "C"
of the Delray Bay Plat, as recorded in Plat Book 65,
Pages 127 and 128 of the Public Records of Palm Beach
County, Florida, with the exception of the 45 foot
Lake Worth Drainage District easement, as per O.R.
Book 3419, Page 144, those portions of the 12 foot
utility easement located adjacent to Old Germantown
Road and those portions adjacent to Crosswinds Phase
II, Tract "A" Lake, as recorded in Plat Book 44, Pages
34, 35 and 36, of the Public Records of Palm Beach
County, Florida.
AND EXCEPT ALSO
A 12 foot wide drainage easement lying in Parcel "B",
Delray Bay, as recorded in Plat Book 65, Pages 127 and
128, Public Records, Palm Beach County, being more
particularly described as follows:
Commence at the Southeast corner of said Parcel B,
thence North 00 20'26" West along the East line of
said Parcel B for 40.99 feet to a point on a curve,
said point bears South 66 33'59" West from the radius
point, thence Northwesterly along a circular curve to
the right having a radius of 299.39 feet, a central
angle of 4 36'08" for an arc distance of 24.05 feet to
the point of beginning of said 12 foot wide drainage
easement lying 6.00 feet on each side of and
contiguous with the following described centerline,
thence South 38 02'43" West for 73.49 feet to the
point of te~inus.
PASSED AND ~OPTED in regular session on this the 21st day of
January, 1992.
This inset ~s p~pared ~:
Jeff~y S. Kurtz, Ci~ At~ey
200 N.W. 1st Av~ue
ATTEST: ~lray Beach, ~ 33444
City Clem !
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. 15-92 which was passed by the Commission on the 21st
day of January, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and
the official seal of the City of Delray Beach, Florida,
on this the 5th day of February, 1992.
City Clerk
City of Delray Beach
SEAL
· -2- Res. No. 15-92
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"" CLERK CIRCUIT COURT.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~/~!
SUBJECT: AGENDA ITEM ~ ~L - MEETING OF JANUARY 21, 1992
RESOLUTION NO. 15-92
DATE: January 17, 1992
This is a resolution vacating and abandoning all existing access,
utility, drainage, limited access and water easements located within
Parcels B and C, Plat of Delray Bay.
This abandonment petition is associated with the Palm Cove plat
petition. Before the plat can be approved, the old easements within
Delray Bay must be abandoned. Replacement easements are being
provided with the Palm Cove plat. The only easements that will not
be abandoned are those with existing utilities in within them.
No Planning and Zoning Board consideration is required for
abandonment of easements.
Recommend approval of Resolution No. 15-92 vacating and abandoning
all existing access, utility, drainage, limited access and water
easements located within Parcel B and C Plat of Delray Bay.
C I TY COMMI S S I ON DOCUMENTATION
.TO: DAVID T. HARDEN, CITY MANAG ,~
THRU: DAVID J. KOVACS, DIRECTOR
DEP RTMEN PL NING AND ZONING
FROM:
Planning Techn~lcian II
SUBJECT: MEETING OF JANUARY 21, 1992
ABANDONMENT OF UTILITY, DRAINAGE, AND ACCESS EASEMENTS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the abandonment of various utility, drainage,
and access easements lying within the plat of Delray Bay
Plat Book 65, Pages 127 and 128
The project is located on the southside of Linton Boulevard,
just west of Homewood Boulevard.
BACKGROUND:
This abandonment petition is associated with the Palm Cove plat
petition. Before the plat for Palm Cove can be approved, the old
easements within Delray Bay must be abandoned. Replacement
easements are being provided with the Palm Cove plat. The only
easements that will not be abandoned are those with existing
utilities within them.
PLANNING AND ZONING BOARD CONSIDERATION,:
No Planning and Zoning Board consideration is required for
abandonment of easements.
RECOMMENDED ACTION:
By motion, approve the abandonment of various utility, drainage,
and access easements within the plat of Delray Bay through the
adoption of Resolutin 15-92.
Attachment:
* Reduced Plat of Delray Bay
RESOLUTION NO. 15-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ALL
EXISTING ACCESS, UTILITY, DRAINAGE, LIMITED ACCESS AND
WATER EASEMENTS LOCATED WITHIN PARCELS "B" AND ~"C",
PLAT OF DELRAY BAY, AS RECORDED IN PLAT BOOK 65, PAGES
127 AND 128 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, EXCEPT CERTAIN EASEMENTS BEING MORE
PARTICULARLY DESCRIBED HEREIN.
WHEREAS, Delray Bay Associates, Ltd., a Florida limited
Partnership, is the fee-simple owner of all the lands contained in the
Plat of Delray Bay, according to the Plat thereof as recorded in Plat
Book 65, Pages 127 and 128, Public Records of Palm Beach County,
Florida; and
WHEREAS, Keith H. Kuhlman, Authorized General Partner of Delray
Bay Associates, Ltd., has made application for abandonment of all
existing access, utility, drainage, limited access and water easements
lying within Parcels "B" and "C", Plat of Delray Bay, as recorded in
Plat Book 65, Pages 127 and 128 of the Public Records of Palm Beach
County, Florida, except certain easements being more particularly
described herein; 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,
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:
All access utility, drainage, limited access easement
and water easements located within Parcels "B" and "C"
of the Delray Bay Plat, as recorded in Plat Book 65,
Pages 127 and 128 of the Public Records of Palm Beach
County, Florida, with the exception of the 45 foot
Lake Worth Drainage District easement, as per O.R.
Book 3419, Page 144, those portions of the 12 foot
utility easement located adjacent to Old Germantown
Road and those portions adjacent to Crosswinds Phase
II, Tract "A" Lake, as recorded in Plat Book 44, Pages
34, 35 and 36, of the Public Records of Palm Beach
County, Florida.
AND EXCEPT ALSO
A 12 foot wide drainage easement lying in Parcel "B",
Delray Bay, as recorded in Plat Book 65, Pages 127 and
128, Public Records, Palm Beach County, being more
particularly described as follows:
Commence at the Southeast corner of said Parcel B,
thence North 00 20'26" West along the East line of
said Parcel B for 40.99 feet to a point on a curve,
said point bears South 66 33'59" West from the radius
point, thence Northwesterly along a circular curve to
the right having a radius of 299.39 feet, a central
angle of 4 36'08" for an arc distance of 24.05 feet to
the point of beginning of said 12 foot wide drainage
easement lying 6.00 feet on each side of and
contiguous with the following described centerline,
thence South 38 02'43" West for 73.49 feet to the
point of terminus.
PASSED AND ADOPTED in regular session on this the 21st day of
January, 1992.
ATTEST:
City Clerk !
-2- Res. No. 15-92