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Res 48-92 OR8 7252 66 '1 RESOLUTION NO. 48-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 50 FOOT DRAINAGE EASEMENT LYING WITHIN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the Church of Christ at 125 S.W. 15th Avenue, Incorporated, is the fee-simple owner of that portion of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 8, Township 46 South, Range 43 East, which lies south of the south right-of-way line of Lake Ida Road, and lying west of the west right-of-way line of Roosevelt Avenue, Delray Beach, Florida; and, WHEREAS, Woodrow W. Lockett, Agent for Church of Christ at 125 S.W. 15th Avenue, Incorporated, has made application for abandonment of a 50 foot drainage easement lying within Section 8, Township 46 South, Range 43 East and being more particularly described herein; and, WHEREAS, the City Com~aission 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 drainage 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 parcel of land being 50.00 feet by 37.00 feet, in Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as fo 1 lows: Begin at the point of intezsection of the South line of said Section 8 and the west right-of-way line of Roosevelt Avenue as shown on the Plat of Jefferson Manor as recorded in Plat Book 24, Page 150 of the Public Records of Palm Beach County, Florida. Thence proceed along the south line of said Section 8, N 89° 27' 47" E., (assumed) , a distance of 37.00 feet; thence N. 00© 26' 34" W., a distance of 50.00 feet; thence S 89°27' 47" W., a distance of 37.00 feet; thence S 000 26' 34" E., being the west right-of-way line of Roosevelt Avenue, a distance of 50.00 feet to the point of beginning. PASSED AND ADOPTED in regular session on this the 28th day of April, 1992. This instrument was prepared by: ATTEST: Jeffrey S. Kurtz, City Attorney 100 N.W. 1st Avenue ~7799~.~,r3~7 ~,~3--/ Delray Beach, FL 33444 City C~lerk- ~ LAKE IDA ROAD ~ LEE STREET 00 ~ PROSPECT STREET z N.W. 5RD ST. ABANDONM£NT OF DRAINAGE EASEMENT ASSOCIATED WITH N LAKE: IDA CHURCH OF CHRIST giT',' DF i)ELR;I',' BEIIgH 100N.W. lstAVENUE * [)E~,~A'~' L~E,:~(~i F -)F~,IDA ~:~z :~ · 407/2z,~ 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. 48-92 which was passed by the Commission on April 28, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 19th day of May, 1992. ~.. Alison' MacGreg~r Harty ;'. .... City Clerk . ~?_ ' City of Delray Beach RECORD VERIFIED PAL M BEACH COUNTY CLERK CIRCUIT COUR'I THE EFFORT ALWAYS MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER/~ SUBJECT: AGENDA ITEM # ~ - MEETING OF APRIL 28. 1992 RESOLUTION NO, 48-92 DATE: April 24, 1992 This is a resolution abandoning a 50 foot drainage easement located in the southeast corner of the Lake Ida Church of Christ site on Roosevelt Avenue. During review of the survey and plans for the Lake Ida Church of Christ project staff discovered that a 50 foot drainage easement existed in the southeast corner of the site at Roosevelt Avenue. Through initiation of the abandonment process it was discovered that the easement had been previously dedicated to Palm Beach County. Subsequently, staff requested that the County transfer jurisdiction of the easement to the City; and, at the March 24, 1992 regular meeting the City formally accepted the easement. As the easement is not being used for any drainage purposes associated with the church, it is appropriate for the City to abandon the easement. Drainage for the site will provided via swales and retention devices. Additionally, abandonment of this drainage easement will not be detrimental to the provision of drainage services to adjacent properties or the general area. Recommend approval of Resolution No. 48-92 abandoning a 50 foot drainage easement on the southeast corner of the Lake Ida Church site on Roosevelt Avenue. C I TY COMM I S S I ON DOCUMENTAT I ON TO: /~_Q6VID T. HARDEN, CITY MANAGER THRU: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING PLANNING TECHNICIAN II SUBJECT: MEETING OF APRIL 28, 1992 ABANDONMENT OF DRAINAGE EASEMENT **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of abandonment of a drainage easement associated with the Lake Ida Church of Christ. The project is located at the southwest corner of Lake Ida Road and Roosevelt Avenue. BACKGROUND: On August 27, 1991 the City Commission approved the conditional use request for the Lake Ida Church of Christ, a 3-phase 19,182 square foot facility, subject to conditions. On November 20, 1991 the Site Plan Review and Appearance Board approved the site plan, landscape plan, and elevations for the church also subject to conditions. Through the review of the survey and plans it was discovered that a 50' drainage easement existed in the southeast corner of the site. Since this easement is not being used for any drainage purposes associated with the church, it is appropriate to abandon the easement. However, once the abandonment procedure was initiated it was discovered that the easement was dedicated to Palm Beach County some time ago. Therefore, no City action could abandon the drainage easement until such time as the jurisdiction of the easement was transferred to the City of Delray Beach. At the March 24, 1992 City Commission meeting the City accepted jurisdiction of this drainage easement. All review comments have been received with no objections to the abandonment of this drainage easement. City Commission Documentation Abandonment of Drainage Easement Page 2 FINDING: Prior to the granting of an abandonment the following finding must be made: * That the abandonment will not result in detriment for the provision of services to adjacent properties or the general area. Due to the fact that this drainage easement only served the Lake Ida Church site and drainage on this site will be otherwise maintained through appropriate swales and retention devices, the abandonment of this drainage easement will not be detrimental to the provision of drainage services. PLANNING AND ZONING BOARD CONSIDERATION: No Planning and Zoning Board consideration is required for the abandonment of easements. RECOMMENDED ACTION: By motion, approve the abandonment of the 50' drainage easement through the enactment of Resolution -92. Attachment: * Location Map ST/IDAESM.DOC ROAD ' LAKE IDA ROAD ~ LEE STREET ~ PROSPECT STREET z N.W. 5RD ST. ~ ' ABANDONMENT OF DRAINAGE EASEMENT ASSOCIA~D WITH N ~KE IDA CHURCH OF CHRIST .....