Res 20-92 Nrn: PPRI NT(804), Rq:5308,2
RESOLUTION NO. ~0-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF A 12 FOOT UTILITY, DRAINAGE AND LIMITED
ACCESS EASEMENT LYING WITBIN LOT 29, BLOCK 1,
FOXPOINTE, AS RECORDED IN PLAT BOOK 32, PAGES 107 AND
108 OF THE PUBLIC RECORDS OF P;tLM BEACH COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN.
WHERF. AS, Donald Speisman and Evelyn Speisman, his wife, are the
fee-simple owners of Lot 29, Block 1, Foxpointe, as recorded in Plst
Book 32, Pages 107 and 108, of the Public Records of Palm Beach County,
Florida; and,
WHEREAS, Donald Speisman and Evelyn Speisman have made
application for abandonment of a portion of a 12 foot utility, drainage
and limited access easement lying within Lot 29, Block 1, Foxpointe;
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, drainage
and limited access easement,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TBE
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:
A utility, drainage and limited access easement, 12
feet wide, lying in Section 24, Township 46 South,
Range 42 East, Palm Beach County, Florida, said
easement being a portion of Lot 29, Block 1 of
FOXPOINTE, as recorded in Plat Book 32, Pages 107 and
108, of the Public Records of Palm Beach County,
Florida, said easement being more particularly
described as follows:
COMMENCING at the northwest corner of said Lot 29,
Block 1, said point lying on the south right-of-way
line of the abandoned Hamlet Drive;
THENCE with a curve concave to the southwest, having
an initial tangent bearing of 5.65°29'42"E., a radius
of 768.51 feet, a central angle of 00o26'50", along
the north line of said Lot 29, Block 1 and the south
right-of-way line of the abandoned Hamlet Drive, an
arc length of 6.00 feet to the POINT OF BEGINNING;
THENCE continue with a curve to the right, having a
radius of 768.51 feet, a central angle of 4° 19'39"
along the north line of said Lot 29, Block 1 and the
south right-of-way line of the abandoned Hamlet Drive,
an arc length of 58.04 feet to a point;
THENCE with a bearing of S.29°16'47nW., a distance of
12.00 feet to a point;
I--' [ ] ~ ] ~ [ I I' [ I I [ -----1--
Nrn:PPRINT(804), Rq:5308,3
ORB 841 Pm 'J.O
THENCE with a curve concave to the southwest, having
an initial tangent bearing of N.60o43'13"W., a radius
of 756.51 feet, a central angle of 4o19'13" along said
line lying 12.00 feet south of and parallel to the
north line of said Lot 29, Block 1 and the south
right-of-way line of =he abandoned Hamlet Drive, an
arc length of 57.04 feet to a point;
THENCE with a bearing of N.24O30'lS"E., along a line
lying 6.00 feet east of and parallel to the west line
of said Lot 29, Block 1, a distance of 12.00 feet,
more or less, to the POINT OF BEGINNING.
The above-described parcel containing 691 square feet
of land, more or less.
PASSED AND ADOPTED in regular session on this the llth day of
February, 1992.
ATTEST:
City Clerk / !
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.---or ................. c~cc~; ,,,. I certify this document to be a true copy of the record in my office
:,,?: ~t~:~ax°'~ ~, this- FIRST. day of DECEMBER, 1994
.. .. DOROTH.Y~ .[-~W..IL ler f Court, Palm Beach Count, FL
"',,a~ c~--" ~~' DepuW Clerk
Nm:PPRINT(804), Rc1:5308,1
I, ALISON MacGREGOR ~%RTY, City Clerk of the City of Delray
Beach, Florida, do hereby certify that the attached is a true and
correct copy of Resolution No. 20-92, passed and adopted by the
City Commission of the City of Delray Beach, Florida, in regular
session on February 11, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
23rd day of August, 1994.
Alison MacGregor~4{arty '
City Clerk
...,.~.%..;....._.~ City of Delray Beach
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"FHE J::,:I:-ORT ALWAYS MATTERS
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY I~NAGER~'fi~
SUBJECT: AGENDA ITEM ~ ~ ~ - MEETING OF FEBRUARY 11. 1992
RESOLUTION NO. 20-92
DATE: February 7, 1992
This is a resolution vacating and abandoning a portion of a 12 foot
utility, drainage and limited access easement lying within Lot 29,
Block ! Foxpointe. The subject property is located on the north side
of Foxpointe Circle in the Hamlet Subdivision.
The owner's agent has requested the abandonment in order to build an
addition on an existing structure. In order to accommodate the
addition, the existing water main had to be relocated, the existing
easement abandoned and a replacement easement executed. The water
main has been relocated and replacement easements have been recorded.
Planning and Zoning Board review is not required on public easements.
Recommend approval of Resolution No. 20-92 vacating and abandoning a
portion of a 12 foot utility, drainage and limited access easement
lying within Lot 29, Block 1Foxpointe.
C I TY COMM I S S I ON DOCUMENTAT I ON
PLANNING TECHNIC
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 11, 1992 **CONSE~ AGE~DA**
ABANDONMENT OF A PORTION OF A GENERAL UTILITY EASEMENT,
LOT 29, BLOCK 1, FOXPOINTE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of abandonment of a portion of a general utility
easement in Lot 29, Block 1, Foxpointe, as recorded in Plat
Book 32, Page 107 and 108, of the public records
of Palm Beach County, Florida. The property is located on
the north side of Foxpointe Circle in the Hamlet
Subdivision.
BACKGROUND:
This abandonment has been requested by C.L. Clark, agent for the
property owner in order to build an addition onto the residence.
In June 1979 a portion of Hamlet Drive, west of Estates Drive,
was abandoned by Resolution 43-79. The subject property
subsequently received half the right-of-way of Hamlet Drive that
abutted their property.
In order to make the addition to thier residence, the existing
water main had to be relocated, the existing easement abandoned,
and a replacement easement executed. The water main has been
relocated and the replacement easements have been recorded.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board does not have any action on public
easements.
Page 2
City Commission Documentation
Abandonment of a portion of a Utility Easement
Lot 29, Block 1, Foxpointe Subdivision
FINDINGS:
In accordance with L.D.R. Section 2.4.6(P)(5) the Findings are as
follows: "That the abandonment will not result in detriment for
the provision of utility services to adjacent properties or the
general area."
Based on the review of this petition for abandonment, no public
or private services will be affected and all services have
approved of the abandonment.
RECOMMENDED ACTION:
By motion, adoption of Resolution 20-92.
Attachments:
* Location sketch
* Resolution to be provided by City Clerk
CITY COMMISSION
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
0" V 1J"V 1 O"
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GENERAL DATA:
Owner ........................ City of Delray Beach, Florida
Agent ........................ Clarence L. Clark
Location ..................... Southwest corner of Hamlet Drive and
Foxpointe Circle.
Property Size ................ 691 sqft.
City Land Use Plan ........... Low Density (0-5 du/acre)
City Zoning .................. R-lA (Single Family Residential)
Existing Land Use ............ Utility Easement
Development Proposal ......... Addition to residential structure.
Request ...................... Abandonment of a 12'x 53'
(approximately) utility easement.