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Res 59-92 RESOLUTION NO. 59-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 50 FOOT DRAINAGE EASEMENT LOCATED WITHIN THE SW 1/4 OF SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, Keith Dennis is the fee-simple owner of that portion of the SE 1/4 of the SW 1/4 of the 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 east of the east right-of-way line of Roosevelt Avenue, Delray Beach, Palm Beach County, Florida; and, WHEREAS, A. Charles Spallitta, Agent, has made application for abandonment of a 50 foot drainage easement located within the SW 1/4 of Section 8, Township 46 South, Range 43 East; 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 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 Chapte? ]77~10!(5) and Chapee? ]6~ of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property: All that portion of the 50.0 foot drainage easement in the east 187 feet of the Southeast One Quarter (SE 1/4) of the Southwest One Quarter (SW 1/4) of the Southwest One Quarter (SW 1/4) of Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida, lying south of the south right-of-way line of Lake Ida Road as both are established in Official Record Book 1659, Page 938, and further defined in Official Record Book 3421, Page 384, both of the Public Records of Palm Beach County, Florida, Together with that portion of the easement lying under the right-of-way of Roosevelt Avenue as same is described in Official Record Book 3421, Page 384, of the Public Records of Palm Beach County, Florida. 2PASSED AND ADOPTED in regular session on this the 26th day of May, 199 . ATTEST: This instrument was prepared by: Jeffrey S. Kurtz, City Atty. 200 N.W. 1st Avenue ~/~~J,n~/f~L~ / Delray Beach, FL 33444 City Clerk / ' LAKE: IDA ROAD ~ LEE STREET °o ~ _~ PROSPECT STREET ~.W. SRD ST. ABANDONMENT OF N ' DRAINAGE EASEMENT [lTV DF DELRII¥ BEIICH 100N.W. 1st AVENUE · L)Eii:~-'~","iCEACH ~-.LOR!DA33444 CERTIFICATION I, SUSAN O'BRIEN, Deputy 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. 59-92 which was passed by the Commission on May 26, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 17th day of June, 1992. .....,...., ~- ,., .~.:,. ,. Susan-(3 ' Brien~ 2/;"':' '~ h.'v . ~". '""' 'Ji: Deputy City Clerk C~t7 of Del=ay Beach ; RECORD VERIFIED PA~LM BEACH C©~..~NTY CLERK CIRCUIT COUR'I THE-- EFFORT ALWAYS r~A'iqER.*~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~,~,~ SUBJECT: AGENDA ITEM # ~ - MEETING OF MAY 26, 1992 RESOLUTION NO. 59-9~ DATE: May 22, 1992 This is a resolution vacating and abandoning a 50 foot drainage easement located south of the south right-of-way line of Lake Ida Road and east of the east right-of-way line of Roosevelt Avenue. At the March 24, 1992 regular meeting the Commission accepted jurisdiction of two 50 foot drainage easements located on the east and west sides of Roosevelt Avenue from Palm Beach County. The drainage easement located on the western side of Roosevelt Avenue, was subsequently abandoned to the Lake Ida Church of Christ. This resolution abandons the eastern easement. The owner of the property located adjacent to this easement has indicated that a conditional use petition to establish a church may be filed in the future. If any development occurs on this site appropriate drainage measures will be addressed at that time. All review comments have been received and there are no objections to the abandonment. A detailed staff report is attached as backup material for this item. Recommend approval of Resolution No. 59-92. CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: DAVID J. KOV%CS, DIRECTOR .~ ~PLANNING AND ZONING FROM: ,~ [LOR PLANNING TEC {NICIAN II SUBJECT: MEETING OF MAY 26, 1992 ABANDONMENT OF DRAINAGE EASEMENT **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the abandonment of a specific drainage easement. The subject property is located at the southeast corner of Lake Ida Road and Roosevelt Avenue. BACKGROUND: On March 24, 1992 the City Commission accepted from Palm Beach County jurisdiction of 2 50' drainage easements, one on the western side of Roosevelt Avenue and the other on the eastern side. The easement on the western side of Roosevelt is associated with the Lake Ida Church of Christ and was abandoned by Resolution 48-92 on April 28, 1992. The easement, which is the subject of this present abandonment petition, was originally planned as a canal to run north to Lake Ida. Currently the drainage easement is not being used. Further, the easement will no longer be needed as the solution for accommodating drainage needs in the area has changed. Drainage is being handled through the Northwest Drainage Project, which does not use this easement. The property is vacant and the owner has indicated that a conditional use petition for a church may be filed in the future. If any development occurs on this site appropriate drainage measures will be addressed at that time. All review comments have been received and there are no objections to this abandonment. FINDING: Prior to the granting of an easement abandonment, the following finding must be made: City Commission Documentation Abandonment of 50' Drainage Easement Page 2 * That the abandonment will not result in detriment for the provision of services to adjacent properties or the general area. With the Northwest area drainage project and the drainage outfall that is currently being initiated by Environmental Services, there will be no need for this drainage easement. Therefore, the abandonment of this easement will result in no detriment for the provision of drainage services. PLANNING AND ZONING BOARD CONSIDERATION: No Planning and Zoning Board review is required for the abandonment of easements. RECOMMENDED ACTION: By motion, approve the abandonment of the 50' drainage easement through the enactment of Resolution 59-92. Attachment: * Location Map T:LAKEDRN.DOC LAKE IDA ROAD LEE STREET g N.W. .3RD ST. · · ABANDONMENT OF' N DRAINAGE EASEMENT