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Res 60-92 8473 P. 744 RESOLUTION NO. 60-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A TWELVE (12) FOOT WIDE WATER DISTRIBUTION UTILITY EASEMENT AND A TWELVE (12) FOOT WIDE SANITARY SEWER UTILITY EASEMENT LOCATED WITHIN THE REPLAT OF DELRAY MALL AS RECORDED IN PLAT BOOK 58, PAGE 133 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, Delray Mall Associates, is the fee-simple owner of the Replat of Delray Mall, as recorded in Plat Book 58, Page 133 of the Public Records of Palm Beach County, Florida; and, WHEREAS, John Craig, Agent, has made application for the abandonment of a twelve (12) foot wide water distribution utility easement and a twelve (12) foot wide sanitary sewer utility easement located within the Replat of Delray Mall; 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 easements, 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: 12 FOOT WIDE WATER DISTRIBUTION UTILITY EASEMENT A parcel of land 12.00 feet in width lying in A REPLAT OF DELRAY MALL, as recorded in Plat Book 58, Page 133 of the Public Records of Palm Beach County, Florida, which is a portion of the utility easement graphically shown thereon, lying 6.00 feet each side of the following described centerline. Commencing at the southwest corner of said REPLAT; thence North 08° 23'05" East along the Westerly boundary of said REPLAT a distance of 1289.34 feet; (NOTE: the said Westerly boundary of said REPLAT bears North 08°23'05" East and all bearings called herein are relative thereto) thence North 08© 22'49" East a distance of 13.61 feet; thence South 81036'55" East a distance of 71.50 feet; thence South 08023'05" West a distance of 425.85 feet to the POINT OF BEGINNING of aforesaid centerline; thence continue South 08° 13'05" West a distance of 143.35 feet to the Southerly end of said centerline; thence, beginning at Reference Point "A", South 81° 36'55" East a distance of 36.50 feet; thence North 08o23'05'' East a distance of 20.00 feet to the end of said centerline and described parcel. 12 FOOT WIDE SANITARY SEWER UTILITY EASEMENT A parCel of land 12.00 feet in width lying in A REPLAT OF DELRAY MALL, as recorded in Plat Book 58, Page 133 of the Public Records of Palm Beach County, Florida, which is a portion of the utility easement graphically shown thereon, lying 6.00 feet each side of the following described centerline. CO~ENCING at the Southwest corner of said REPLAT; thence North 08 o 23'05" East along the westerly boundary of said REPLAT a distance of 370.86 feet; (NOTE: the said Westerly boundary of said REPOT bears North 08o23'05'' East and all bearings called herein are relative thereto) thence South 81 o 36'55" East a distance of 32.27 feet; thence North 15o22'28'' East a distance of 217.85 feet to the POINT OF BEGINNING of aforesaid centerline); thence North 08o33'35'' East a distance of 248.81 feet to the end of said centerline and described parcel. PASSED AND ADOPTED in regular session on this the 26th day of May, 1992. ATTEST: City clerk~ -2- Res. No. 60-92 ORB 847~ DOROTHY H. WI~EN~ CLERI~ PB CO~TY, WA1~II SLItVICr LINTON BOULEVARD WATER AND SEWER -- EASEMENTS I t--C~' ~'1'I CERTIFICATION I, ALISON MacGREGOR HARTY, City Clerk of the City of Delray Beach, Florida, do hereby certify that the attached is a true and correct copy of Resolution No. 60-92, passed and adopted by the City Commission of the City of Delray Beach in regular session 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 16th day of September, 1994. Alison M~cGrego~Har~y ' City Clerk City of Delray Beach SEAL THE EFFORT ALWAYS MATTERS Printed on Recycled Paper Return ~o: (enclose serf-addressed s~amped envelope) Name ORB 8/*73 DOROTHY H. WI~EN, CLERK PB COUNTY, FL Pro;:er~,.App~a)~m Pa~r~ )denN~ica~o~ (Fo~o) WILSON AVENUE ~ a // .. CENTRAL AVENUE / , ! COLLINS AVENUE SANITARY Sm£R .,(~4~' [AS~u['NT WATER SF.R¥1C[ EASEMENT LINTON BOULEVARD EASEMENTS RESOLUTION NO. 60-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A TWELVE (12) FOOT WIDE WATER DISTRIBUTION UTILITY EASEMENT AND A TWELVE (12) FOOT WIDE SANITARY SEWER UTILITY EASE~tENT LOCATED WITHIN THE REPLAT OF DELRAY MALL AS RECORDED IN PLAT BOOK 58, PAGE 133 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, Delray Mall Associates, is the fee-simple owner of the Replat of Delray Mall, as recorded in Plat Book 58, Page 133 of the Public Records of Palm Beach County, Florida; and, WHEREAS, John Craig, Agent, has made application for the abandonment of a twelve (12) foot wide water distribution utility easement and a twelve (12) foot wide sanitary sewer utility easement located within the Replat of Delray Mall; 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 easements, 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: 12 FOOT WIDE WATER DISTRIBUTION UTILITY EASEMENT A parcel of land 12.00 feet in width lying in A REPLAT OF DELRAY MALL, as recorded in Plat Book 58, Page 133 of the Public Records of Palm Beach County, Florida, which is a portion of the utility easement graphically shown thereon, lying 6.00 feet each side of the following described centerline. Commencing at the southwest corner of said REPLAT; thence North 08° 23'05" East along the Westerly boundary of said REPLAT a distance of 1289.34 feet; (NOTE: the said Westerly boundary of said REPLAT bears North 08023'05" East and all bearings called herein are relative thereto) thence North 08© 22'49" East a distance of 13.61 feet; thence South 81036'55'' East a distance of 71.50 feet; thence South 08°23'05" West a distance of 425.85 feet to the POINT OF BEGINNING of aforesaid centerline; thence continue South 08© 13'05" West a distance of 143.35 feet to the Southerly end of said centerline; thence, beginning at Reference Point "A", South 81° 36'55" East a distance of 36.50 feet; thence North 08o23'05'' East a distance of 20.00 feet to the end of said centerline and described parcel. 12 FOOT WIDE SANITARY SEWER UTILITY EASEMENT A parcel of land 12.00 feet in width lying in A REPLAT OF DELRAY MALL, as recorded in Plat Book 58, Page 133 of the Public Records of Palm Beach County, Florida, which is a portion of the utility easement graphically shown thereon, lying 6.00 feet each side of the following described centerline. CO~ENCING at the Southwest corner of said REPLAT; thence North 08 o 23'05" East along the Westerly boundary of said REPLAT a distance of 370.86 feet; (NOTE: the said Westerly boundary of said REPOT bears North 08o23'05'' East and all bearings called herein are relative thereto) thence South 81 o 36'55" East a distance of 32.27 feet; thence North 15o22'28'' East a distance of 217.85 feet to the POINT OF BEGINNING of aforesaid centerline); thence North 08o33'35'' East a distance of 248.81 feet to the end of said centerline and described parcel. PASSED AND ADOPTED in regular session on this the 26th day of May, 1992. ATTEST: City Clerk~ · -2- Res. No. 60-92 WILSON AV£NUE,~ CENTRAL AVENUE COLUN$ AVENUE WATER SERVJCr EASEI~EKr LINTON BOULEVARD , N WATER AND SEWER ...._ EASEMENTS TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERj~ SUBJECT: AGENDA ITEM ~ ~ - MEETING OF MAY 26. 1992 RESOLUTION NO. 60-9~ DATE: May 22, 1992 This is a resolution vacating and abandoning a 12 foot wide water · distribution utility easement and a 12 foot wide sanitary sewer utility easement located within the Replat of Delray Mall. 'This abandonment is associated with a building expansion which will accommodate a ten-plex movie theater at the Delray Mall; and is necessary as the expansion encroaches upon existing water and sewer mains. At the May 28, 1991 regular meeting the Commission approved a similar resolution abandoning these easements to accommodate a eight-plex movie theater, with the condition that the resolution would not be recorded until replacement easements had been given. No further action was taken on the easements. Subsequently, the applicant has modified the site plan to accommodate a 10-plex theater. Because the theater enlargement would further encroach upon the existing water and sewer mains, it is necessary to modify the original abandonment petition to include the additional area. The Environmental Services Department has reviewed the abandonment petition and recommends approval subject to conditions. A detailed staff report is attached as backup material for this item. Recommend approval of Resolution 60-92 subject to the conditions that prior to recordation of the abandonment resolution, the existing water and sewer mains be relocated and replacement easements provided; and, that a financial guarantee be provided for the construction and maintenance of the relocated mains. RESOLUTION NO. 60-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A TWELVE (12) FOOT WIDE WATER DISTRIBUTION UTILITY EASEMENT'AND A TWELVE (12) FOOT WIDE SANITARY SEWER UTILITY EASEMENT LOCATED WITHIN THE REPLAT OF DELRAY MALL AS RECORDED IN PLAT BOOK 58, PAGE 133 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, Delray Mall Associates, is the fee-simple owner of the Replat of Delray Mall, as recorded in Plat Book 58, Page 133 of the Public Records of Palm Beach County, Florida; and, WHEREAS, John Craig, Agent, has made application for the abandonment of a twelve (12) foot wide water distribution utility easement and a twelve (12) foot wide sanitary sewer utility easement located within the Replat of Delray Mall; 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 easements, 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: 12 FOOT WIDE WATER DISTRIBUTION UTILITY EASEMENT A parcel of land 12.00 feet in width lying in A REPLAT OF DELRAY MALL, as recorded in Plat Book 58, Page 133 of the Public Records of Palm Beach County, Florida, which is a portion of the utility easement graphically shown thereon, lying 6.00 feet each side of the following described centerline. Commencing at the southwest corner of said REPLAT; thence North 08° 23'05" East along the Westerly boundary of said REPLAT a distance of 1289.34 feet; (NOTE: the said Westerly boundary of said REPLAT bears North 08o23'05'' East and all bearings called herein are relative thereto) thence North 08° 22'49" East a distance of 13.61 feet; thence South 81o36'55'' East a distance of 71.50 feet; thence South 08o23'05'' West a distance of 425.85 feet to the POINT OF BEGINNING of aforesaid centerline; thence continue South 08° 13'05" West a distance of 143.35 feet to the Southerly end of said centerline; thence, beginning at Reference Point "A", South 81° 36'55" East a distance of 36.50 feet; thence North 08o23'05'' East a distance of 20.00 feet to the end of said centerline and described parcel. 12 FOOT WIDE SANITARY SEWER UTILITY EASEMENT A parcel of land 12.00 feet in width lying in A REPLAT OF DELRAY MALL, as recorded in Plat Book 58, Page 133 of the Public Records of Palm Beach County, Florida, which is a portion of the utility easement graphically shown thereon, lying 6.00 feet each side of the following described centerline. COMMENCING at the Southwest corner of said REPLAT; thence North 08 o 23'05" East along the Westerly boundary of said REPLAT a distance of 370.86 feet; (NOTE: the said Westerly boundary of said REPLAT bears North 08o23'05'' East and all bearings called herein are relative thereto) thence South 81 o36,55,, East a distance of 32.27 feet; thence North 15o22'28" East a distance of 217.85 feet to the POINT OF BEGINNING of aforesaid centerline); thence North 08o33'35'' East a distance of 248.81 feet to the end of said centerline and described parcel. PASSED AND ADOPTED in regular session on this the 26th day of May, 1992. MAYOR ATTEST: City Clerk -2- Res. No. 60-92 WlL~ON AV£NU£ [ CENTRAL AVENUE COllINS AVENUE EASEMENT ~. WATER SERVICE /ASDdENT LINTON BOULEVARD I ABANDONMENT OF' N WATER AND SEWER | ~ I i / CITY COMMISSION DOCUMENTATION TO: _~--DAW~ID T. HARDEN, CITY MANAGER THRU: DAVID J. ~OVACS, DIRECTOR D~A~~_~ANNING AND ZONING FROM: PLANNING TECHNICIAN II SUBJECT: MEETING OF MAY 26, 1992 ABANDONMENT OF WATER AND SEWER EASEMENTS **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the abandonment of a 12' water easement and a 12' sewer easement. The subject easements are located within the Delray Mall property located at the northwest corner of Linton Boulevard and Federal Highway. BACKGROUND: This request is for the abandonment of water and sewer easements associated with a building expansion which will accommodate a 10-plex movie theater at the Delray Mall. On March 27, 1991 the Site Plan Review and Appearance Board approved a site plan modification to accommodate a proposed 8-plex movie theater located at the Delray Mall. Associated with that petition was the abandonment of a water easement and a sewer easement that the theater addition encroached upon. The abandonment of these easements was approved by the City Commission on May 28, 1991 with the condition that the resolution would not be recorded until replacement easements had been given. No further action was taken on the easements. In March, 1992, the Planning Department received a request to again modify the site plan in order to accommodate a 10-plex theater. The site plan modification was approved by the Site Plan Review and Appearance Board on May 13, 1992, subject to conditions. Because the theater enlargement would further encroach upon existing water and sewer mains, it is necessary to modify the original abandonment petition to include additional area. City Commission Documentation Abandonment of Easements within Delray Mall Page 2 The Environmental Services Department has reviewed the abandonment petition and has conditioned its approval on the relocation of the water and sewer mains, and the replacement of appropriate easements. A guarantee bond will also need to be posted. FINDING: Prior to the granting of an easement 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. With the relocation of the water and sewer mains and the dedication of replacement easements, there will not be any detriment in the provision of water and sewer 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 12' water easement and the 12' sewer easement through the enactment of Resolution 60-92 subject to the following conditions: 1. That prior to the recordation of the abandonment resolution, the existing water and sewer mains be relocated and replacement easements be provided; and 2. That a financial guarantee be provided for the construction and maintenance of the relocated mains. Attachment: * Location Map T: MALLESM.DOC