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Res 28-92 RESOLUTION NO. 28-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT LOCATED ON THE NORTH 6 FEET OF LOTS 23, 24 AND 25; THE WEST 3 FEET OF LOT 24; AND THE EAST 3 FEET OF LOTS 25, 26, 27 AND 28, BLOCK 5, PLAT 2 OF 2, SOUTHRIDGE, A SUBDIVISION AS RECORDED IN PLAT BOOK 13, PAGE 39 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. WHEREAS, Glenn R. Haggerty is the fee-simple owner of Lots 23-28, Block 5, Plat 2 of 2, Southridge, as recorded in Plat Book 13, Page 39 of the Public Records of Palm Beach County, Florida; and, WHEREAS, Glenn R. Haggerty has made application for abandonment of a utility easement located on the north 6 feet of Lots 23, 24 and 25; the west 3 feet of Lot 24; and the east 3 feet of Lots 25, 26, 27 and 28, Block 5, Plat 2 of 2, Southridge; 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 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: A utility easement located on the north 6 feet of Lots 23, 24 and 25; the west 3 feet of Lot 24; and the east 3 feet of Lots 25, 26 and 27 and 28, Block 5, Plat. 2 of 2, Southridge, as recorded in Plat Book 13, Page 39, of the Public Records of Palm Beach County, Florida. PASSED AND ADOPTED in regular session on this the llth day of March, 1992. was prepared by: ATTEST: Jeffrey S. Kurtz, City Atty. 100 N.W. 1st Avenue ~'~, ~ ~./~/~z~'? ,,/-/~ Delray Beach, Florida 33444 -~ity Clerk--~ CERTIFICATION I, ALISON. MA~.~ HARTY, City Clerk of the City of Delray Beach, Florida, do hereby certify ~th~t ~above and foregoing is a true and correct copy of Resolution No. 28-92 whic~was ~psssed by the Cu~ission on March 11, 1992. IN WITCh'WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Be~ch, ~Florida, on this the 18th day of March, 1992. Alison ~cGre~or_~_ ~ar~y , City Clerk, City of Delray Beach , ~ '' ~-~. ~ .. RECO~ V I PALM BEACH COUNTY F~A CLERK C~RCUIT MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM # ~ H- MEETING OF MARCH 11, 1992 RESOLUTION NO. 28-92 DATE: MARCH 6, 1992 This resolution abandons a utility easement located on the north six feet of Lots 23, 24 and 25; the west three feet of Lot 24; and the east three feet of Lots 25, 26, 27 and 28, Block 5, Plat 2 of 2, Southridge, in conjunction with the Groves of Delray Plat #1. The abandonment was initiated concurrently with the final plat for the Groves of Delray Plat #1; however, all of the required sign-offs from the various utility companies had not been received when the plat was otherwise ready for action. The final plat was approved by Commission on February 11, 1992. All sign-offs have now been received and there are no objections to the abandonment. Planning and Zoning Board review is not required for easement abandonments. Commission action is therefore appropriate. Recommend approval of Resolution No. 28-92 vacating and abandoning a utility easement located along the north six feet of Lots 23, 24 and 25; the west three feet of Lot 24; and the east three feet of Lots 25, 26, 27 and 28, Block 5, Plat 2 of 2, Southridge. CITY COMMISSION DOCUMENTAT I ON TO: /-~,!D T. HARDEN, CITY MANAGER  NNING AND ZONING FROM: ' STEVEN E. TAY~DR PLANNING TECHNICIAN II SUBJECT: MEETING OF MARCH 11, 1992 ABANDONMENT OF UTILITY EASEMENT **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of apDroval of abandonment of a 6' utility easement associated with the Groves of Delray Plat #1. The easement extends in both north/south and east/west directions. Please see attached exhibit. BACKGROUND: This item was initiated concurrently with the final plat for the Groves of Delray Plat #1. However, all sign-offs from utility companies had not been received when the plat was otherwise ready for action. The final plat was approved by the Commission on February 11, 1992. At this time all sign-offs have been received and there are no objections to the abandonment. It is now appropriate to have a formal action which consummates the abandonment. PLANNING AND ZONING BOARD CONSIDERATION: Planning and Zoning Board review is not required for the abandonment of easements. RECOMMENDED ACTION: By motion, approve the abandonment of the 6' utility easement within the Groves of Delray Plat #1 through adoption of Resolution -92. Attachment: * Location Sketch of Easement SET#4/GRUECC.DOC 25 I~1 <I~ 25 28 (pCp I ABANDONI~NT OF UTILITY EASEMENT LOTS 23 THRU 28 SOUTHRIDGE, BLOCK 5 THE GROVES OF DEL~Y PLAT ~ 1  DOUG~ AV[NU[ S.~. 1~ ST. BESS/[ ~r. BENJAMIN AVl. BIII W~C[ NISSAN SOUTH RIDGE VILLAGE CONDO LINTON BOULEVARD