Res 50-92 ORB, 7252 Pg
RESOLUTION NO. 50-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 12
FOOT UTILITY EASEMENT LOCATED WITHIN A PORTION OF
PARCEL V, PLAT OF ABBEY DELRAY SOUTH, AS RECORDED IN
PLAT BOOK 41, PAGES 96 THROUGH 98 OF THE PUBLIC
RECORDS'OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED HEREIN.
Palm Beach Health Facilities is the
WHEREAS,
County
Authority,
fee-simple owner of Ail of the Plat of Abbey Delray South, as recorded
in Plat Book 41, Pages 96 through 98 of the Public Records of Palm Beach
County, Florida; and,
WHEREAS, Robert Scharmann, Agent, has made application for
abandonment of a 12 foot utility easement located within a portion of
Parcel V, Plat of Abbey Delray South, as recorded in Plat Book 41, Pages
96 through 98 of the Public Records of Palm Beach County, 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 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 12 foot utility easement lying within a portion of
Parcel V, Plat of Abbey Delray South as recorded in
Plat Book 41, Pages 96 through 98 of the Public Records
of Palm Beach County, Florida, and being described as
follows:
Commence at the northwest corner of Lot 35 of the
Replat of Parcels W and X and a portion of Parcel V,
Plat of Abbey Delray South as recorded in Plat Book
42, Pages 122 through 123 of the Public Records of
Palm Beach County, Florida; thence North 45° 00'00"
West on the said lot northerly property line
extension, a distance of 25.27 feet to a point on the
Centerline of an existing 12.00 foot utility easement;
thence North 45°00'00" East along said easement a
distance of 5.62 feet; thence North 45o00'00" West
along the South easement line of a 12.00 foot utility
easement, a distance of 224.17 feet to the Point of
Beginning; thence continue North 45o00'00'' West, a
distance of 147.26 feet; thence North 90o00'00" West,
a distance of 57.43 feet; thence North 00o 48'25"
West,a distance of 12.00 feet; thence North 90 o 00'00"
East, a distance of 62.57 feet; thence South 45o00'00''
East, a distance of 152.43 feet; thence South 45°
58'04" West, a distance of 12.00 feet to the Point of
Beginning and containing 0.0578 acres more or less.
PASSED AND ADOPTED in regular session on this the 12th day of
May, 1992. ~~
ATTEST: ~nis instrument was prepared by:
~~9£t ~1,/~7 ~i~T3~ Jeffrey S. Kurtz, City Atty.
City C~erk ~ ' 100 N.W. 1st Avenue
Delray Beach, FL 33444
~ 0
-~-
BLACK OLIVE BLVD.
LINTON BOULEVARD
- ' 11 ¥
~ ~~h~ ' ~ ~¢ UTILITY EASEMENT
[ITY I:IF I)ELRIIY BEItgH
100 N.W. 1st AVENUE ,, DE[ tqA¥ B~NL:t~t i ,R!DA 341; · 407/24 -7(00
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. 50-92 which was passed by
the Commission on May 12, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and the offi-
cial seal of the City of Delray Beach, Florida, on this the 19th day
of May, 1992.
Alison MAcGregor Harty
.... :,:,~, ~ ..... City Clerk
-~'S~.,~.~.SA.',.ffE- ' ,',', City of Delray Beach
RECORD VERIFIED
pALM BEACH COUNTY FLA
THE EFFORT ALWAYS M ATI'[!RS cLE?,K CiF~CUI'T
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER(~
SUBJECT: AGENDA ITEM $ ~F - MEETIN~ OF MAY 12. 1992
RESOLUTION NO. 50-92
DATE: May 8, 1992
This is a resolution vacating and abandoning a 12 foot utility
easement located within a portion of Parcel V, Abbey Delray South
located just south of the L-36 Canal between Homewood Boulevard and
the E-4 Canal.
In July, 1991 a non-impacting site plan modification was approved to
allow the addition of an activities center at Abbey Delray South.
Once the building permit application was made, it was discovered that
an eight (8) inch water main existed in the area of the proposed
addition. Therefore, the main has to be relocated, the existing 12
foot utility abandoned, and a new easement dedicated.
The water main has been relocated and all review comments associated
with this abandonment have been received with no objections.
AdditionallY, acceptance of the replacement easement is located
elsewhere on your agenda for action.
Recommend approval of Resolution NO. 50-92.
C I TY COMM I S S I ON DOCUMENTAT I ON
THRU: ~AV~J. ~OVACS, DIRECTOR
ANNING AND ZONING
o
FROM:
PLANNING TECHNICIAN II
SUBJECT: MEETING OF MAY 12, 1992
ABANDONMENT OF UTILITY EASEMENT **CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the abandonment of a general utility easement.
The easement is within Abbey Delray South which is located
just south of the L-36 Canal between Homewood Boulevard and
the E-4 Canal.
BACKGROUND:
In July, 1991, the Planning Director approved a non-impacting
site plan modification to allow an activities center addition at
Abbey Delray South.
Once building permit application was made it was discovered that
an 8" water main existed in the area of the proposed addition.
Therefore, this main would have to be relocated, the existing
12' utility easement abandoned, and a new easement dedicated for
the relocated water main.
The water main has been relocated and all review comments
associated with this abandonment have been received with no
objections. Furthermore, acceptance of the easement deed for the
relocated water main is also scheduled for action on the consent
agenda.
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.
City Commission Documentation
Abandonment of General Utility Easement
Page 2
With the dedication of a replacement easement for the relocated
water main, the abandonment of the existing easement will not be
detrimental to the provision of water service.
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 12' utility easement
through the enactment of Resolution -92.
Attachment:
* Location Map
T:ABBEYCC.DOC
BLACK LIVE BLVD.
LINTON BOULEVARD
CANAL LATERAL L- 56 " " I /
,.>, /
~~1~ ~ ~ UTILITY EASEMENT