Res 97-92 ' O : SPm 92-- L 752 .
' ORB 752 939
RESOLUTION NO. 97-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING THE SOUTH 2.0 FEET OF THAT CERTAIN
UTILITY EASEMENT, 8.0 FEET IN WIDTH, ACROSS THE
NORTHERLY PORTION OF LOTS 7 AND 8, BLOCK 2A,
LAKE VIEW HEIGHTS UNIT NO.1, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE
67, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
WHEREAS, Peggy A. Murphy is the fee-simple owner of
Lots 7 and 8, Block 2A, Lake View Heights Unit No. 1, according
tO the Plat thereof recorded in Plat Book 4, Page 67, of the
Public Records of Palm Beach County, Florida; and,
WHEREAS, Nanette C. Schofiel~, as duly authorized
agent, has made application for abandonment of the south 2.0 feet
of that certain utility easement, 8.0 feet in width, across the
northerly portion of Lots 7 and 8, Block 2A, Lake View Heights
Unit No. 1; 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 portion of the 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:
The South 2.0 feet of that certain utility
easement, 8.0 feet in width, across the
northerly portion of Lots 7 and 8, Block 2A,
LAKE VIEW HEIGHTS UNIT NO. 1, according to the
Plat thereof as recorded in Plat Book 4, Page
67, of the Public Records of Palm Beach County,
Florida.
Containing 267 square feet, more or less.
PASSED AND ADOPTED in regular session on this the 8th
day of September, 1992.
ATTEST: This instrument was prepared by:
Jeffrey S. Kurtz, City Atty.
[l~,~,u~,~yT"D~.~/~v~/~/O)~i~7.- 200 N.W. 1st Avenue
City ~le~k ' Delray Beach, FL 33444
ORB '7~2'1 P?
I:ITV OF DELRAV BEI:I£H
100 N.W. 1st AVENUE · DELRAY I~EACH. FLORIDA 33444 · 407/243-7000
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. 97-92 which was passed and adopted in regular session by the City Commission
on the 8th day of September, 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 December, 1992.
Alison Macgregor' Ha~Zty !
,~. - · .... · City Clerk
"' ~' ~'~'~ City of Delray Beach
PALM E')EAC~ C:(';;,jpdv'y. FLI,4
CLE~< c~cu~ COURT
TH~-: EFFORT ALWAYS MATTERS
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ ~O - MEETING OF SEPTEMBER 8. 1992
RESQLUTION NO. 97-92
DATE: September 4, 1992
This is a resolution vacating and abandoning the south two feet of an
eight foot utility easement located across the northerly portion of
Lots 7 and 8, Block 2A, Lake View Heights Unit No. 1.
The subject property is located at the northwest corner of N.W. 1st
Avenue and Lake Terrace.
A single family residence and a guest cottage are situated on the
subject property. In May 1971, a fire destroyed the single family
residence; however the guest cottage was not harmed and remains as
originally constructed. This cottage encroaches approximately 1.8
feet into the easement. Additionally, the driveway encroaches
approximately 1.2 feet into the easement.
The property is in the process of being sold and the owner has
submitted a petition for abandonment of two feet of the eight foot
utility easement. All City and utility providers have favorably
responded to the abandonment request.
Recommend approval of Resolution No. 97-92.
CITY COMMISSION DOCUMENTATION
TO: //DAVID T. HARDEN, CITY MANAGER
THRU: DAVID J. KOVACS, DIRECTOR
FROM: STEVEN E. TAYLOR
PLANNING TECHNICIAN II
SUBJECT: MEETING OF SEPTEMBER 8, 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 2' of an 8' utility
easement.
The subject property is a single familiy home located at
the northwest corner of Northwest 1st Avenue and Lake
Terrace.
BACKGROUND:
In May, 1971, a fire destroyed the single family residence
located on Lots 7 and 8 Block 2A, Lakeview Heights. Although
the fire destroyed the main res%dence, a guest cottage located
along the northern perimeter of the property was not harmed.
In October, 1971, a new single family residence was constructed
on the subject property. The guest cottage remains as originally
constructed.
In August, 1992, the Planning and Zoning Department received a
petition to abandon a 2' portion of an existing 8' utility
easement on this single family lot. The property is being sold,
and the encroachment of the guest cottage structure 1.8' into
the easement was noted on the survey. Additionally, the
driveway encroaches approximately 1.2' into the easement.
The new owner wants to ensure that he will not be forced to move
the structure or driveway in the future.
All City and utility providers have responded to the abandonment
request and there have been no negative responses given.
City Commission Documentation
Utility Easement Abandonment
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
Planning and Zoning Board consideration is not required for the
abandonment of public easements.
RECOMMENDED ACTION:
By motion, approve the abandonment of the southern 2' of the 8'
utility easement located within Lots 7 and 8 Block 2A Lakeview
Heights through the enactment of Resolution -92.
Attachment:
* Reduced Survey
T:BLK2A.DOC
SEVENTH
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YE LITTLE WOOD
ABANDONMENT
LAKEVIEW HEIGHTS
LOTS 7 &: 8, BLK. 2A