Res 29-04RESOLUTION NO. 29-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF A 12' WIDE UTILITY
EASEMENT LOCATED WITHIN LOT 6, VALENCIA
COURT, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a portion of a 12' wide utility easement located within Lot 6, Valencia Court (Plat
Book 94, Page 165); and
WHEREAS, the application for abandonment of said easement was processed
pursuant to Section 2.4.6(P), "Abandonment of Public Easements", of the Land Development
Regulations of the City of Delray Beach, Florida; and
WHEREAS, pursuant to LDR Section 2.4.6(P)(3)(c), the application was
forwarded to the City Comrmssion with the recommendation that the abandonment be approved,
based upon positive findings; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant
to LDR Section 2.4.6(P)(5), finds that the abandonment will not result in detriment for the
provision of utfity services to adjacent properties or the general area, that its interest in the
described property is no longer needed for the public good and deems it to be in the best interest
of the City of De[ray Beach to vacate and abandon said easement, as more particularly described
in Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
That the foregoing recitals are hereby incorporated herein by this
Section 2. 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, more particularly described in Exhibit "A":
PASSED AND ADOPTED in regular session on this the /,.~ day of
2004.
A'i~FEST:
City Clerk
2 Resolution No. 29-04
SKETCH OF DESCRIPTION
SPANISH WELLS
(PLA T BOOK ,34, PAGES 19-20)
S.89o4,3'.37"E.
-I
S.89'4.3
'H L~IE
LOT 6
~RDER NO. 04-22EA
EXHIBIT "A"
NO TES:
THIS IS NOT A SURVEY
THE 14/EST LINE OF LOT 6 IS
ASSUMED TO BEAR N.O°OO'OO"E.
DESCRIPTION'
THE NORTH 67.15 FEET DE THE WEST
12.0 FEET OF LOT 6, VALENCIA COURT,
ACCORD~!G TO THE PLA T THEREOF AS
RECORDED IN PLA T BOOK 94, PAGE
16..5, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
EXHIBIT "A "
SHEET 1 OF 1
PAUL D. ~'~.~LE ' ~' '
SURVEYOr"4ND MAI'PER//5708
DA TE: FEB. 2, 2004
O'BRIEN. SUITER & O'BRIEN, /NC
CERTIFICATE OF AUTHORIZA T/ON ~LB$SJ
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE: PAUL O. ENGLE
2601 NORTH FEDERAL HIGHWAY
DELRA Y BEACH FLORIDA
(561) 276-4501 (561,) 7,~2-,3279
TO:
THRU:
FROM:
SUBJECT:
DAVIB~,~D~NAGER
PAUL DORLING, DIRF;~C'JI'OR OF PLANNING AND~7.ONING
MEETING OF APRIL 13, 2004 CONSENT AGENDA*
ABANDONMENT OF A PORTION OF A 12-FOOT WIDE
EASEMENT LYING WITHIN LOT 6 OF VALENCIA COURT.
UTILITY
The request involves abandoning a 12' wide by 67.15' long portion of a 12' wide utility easement
running along the entire west side of the Plat of Valencia Court (Plat Book 94, Page 165).
Valencia Court development is located on the north side of Old Germantown Road, west of
Homewood Boulevard.
The subject easement was dedicated on the plat of Valencia Court to accommodate a proposed
8" sanitary sewer main. The sewer main was not proposed to be installed along the entire
length of this plat, however, it was decided during the platting process to extend the 12' wide
utility easement along the entire west side of Lot 6 to the northern plat limits as a matter of
simplicity. The sewer main was installed within the easement ama along Tract "A" of Valencia
Court and continues northerly approximately 70' onto Lot 6 before turning westerly at a 90
degree angle into the adjacent development to the west (Spanish Wells). The portion of the
easement to be abandoned extends north from where the sewer main turns to the west.
Pursuant to LDR Section 2.4.6 (P) (5) the following finding must be made prior to the City
Commission granting an abandonment: The abandonment will not result in the detriment for the
provision of utility services to the adjacent properties or the general area.
The City's Environmental Services Department (water & sewer service) has reviewed the
request and have no objection. Florida Power & Light, Adelphia Cable, Florida Public Utilities
Co. (gas) and BellSouth did not locate any facilities within the abandonment area and therefore
have no objection.
The request currently before the City Commission is to abandon a portion of this utility
easement to remove the unnecessary encumbrance and building restrictions with respect to
side setbacks on this portion of the property. The request was submitted by Mr. Ron Lasota,
developer for the Valencia Court, and Lot 6 is currently vacant.
By motion, approve the abandonment of a 12' x 67.15' portion of a utility easement lying within
Lot 6, Valencia Court (Plat Book 94, Page 165), based upon positive findings with respect to
LDR Section 2.4.6(P)(5), Abandonment of Public Easements.
Attachments:
· Location Map
· Abandonment Resolution
· Valencia Court Plat
LAKEVIEW '~.~
LIN TON BOULEVARD
w SUMMIT ~)
· - C A N A L L-37
N
~ VALENCIA COURT
RESOLUTION NO. 29-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF A 12' WIDE UTILITY EASEMENT LOCATED
WITHIN LOT 6, VALENCIA COURT, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a portion of a 12' wide utility easement located within Lot 6, Valencia Court
(Plat Book 94, Page 165); and
WHEREAS, the application for abandonment of said easement was processed
pursuant to Section 2.4.6(P), "Abandonment of Public Easements", of the Land Development
Regulations of the City of Delray Beach, Florida; and
WHEREAS, pursuant to LDR Section 2.4.6(P)(3)(c), the application was
forwarded to the City Commission with the recommendation that the abandonment be
approved, based upon positive findings; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant
to LDR Section 2.4.6(P)(5), finds that the abandonment will not result in detriment for the
provision of utility services to adjacent properties or the general area, that its interest in the
described property is no longer needed for the public good and deems it to be in the best
interest of the City of Delray Beach to vacate and abandon said easement, as more
particularly described in Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
reference.
That the foregoing recitals are hereby incorporated herein by this
Section 2. 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, more particularly described in Exhibit "A":
PASSED AND ADOPTED in regular session on this the day of
,2004.
MAYOR
ATTEST:
City Clerk
SKETCH
ORDER NO. 04-£2EA
OF DESCRIPTION
SPANISH WELLS
(PLAT BOOK 34, PAGES 19-20)
S89°45'J7"E.
'NORTH LIVE
LOT 6
EXHIBIT ""A"
NO TES:
TH~ tS NOT A SURVEY
THE REST ~ OF LOT 6 ~S
ASSUMED TO BEAR N.O°O0'O0'~.
DESCRIPTION'
THE NORTH 6Z15 FEET OF TIE WEST
12.0 FEET OF LOT 6, VAL-E_NClA COLRT,
ACCORDIVG TO TIE PLA T THEREOF AS
RECORDED IN PLA T BOOK 94, PACE
165, ~ RECORDS OF PALM BEACH
COUNTY, FLORIDA.
EXHIBIT "A "
SHEET 1 OF I
PAUL D. ~'~LE ~ '
SURVEYO~ 'A./'~. MAPPER g5708
DA TE: FEB. 2, 2004
O'BRIEN, SUITER & O"BRIEN, INC
CERTIFICATE OF AUTHORIZATION ~tLB555
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE: PAUL O. ENGLE
2601 NORTH FEDERAL HIGHWAY
OELRA Y BEACH FLORIDA 3348J
(561) 276-4501 (561) 732-J279