TO: Mayor and Commissioners
FROM: Timothy Stillings, Planning, Zoning and Building Director
THROUGH: Donald B. Cooper, City Manager
DATE: September 20, 2016
Title
RESOLUTION NO. 48-16 PUBLIC UTILITY EASEMENT ABANDONMENT - 6595 MORIKAMI PARK ROAD
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Recommended Action:
By motion, approve Resolution No. 48-16 to abandon a public utility easement dedicated via an Easement Deed recorded in ORB 10419, Pages 8-11, in the Public Records of Palm Beach County, Florida, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 2.4.6(N)(5), Abandonment of Public Easements, subject to the condition that AT&T releases its interest in the easement prior to recording the abandonment resolution.
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Background:
The subject property is located within unincorporated Palm Beach County at 6595 Morikami Park Road, west of Jog Road. The overall property measures 7.08 acres and contains a single family residence. The property has received site plan approval (from Palm Beach County) for the construction of a convalescent nursing home containing 180 beds.
The subject utility easement is an irregularly-shaped parcel, located at the southwest corner of the site and measures 0.003 acres (146.57 square feet). The easement was dedicated via an Easement Deed recorded in ORB 10419, Page 8, in the Public Records of Palm Beach County, Florida. The Utility easement was dedicated to the City of Delray Beach as “a right-of-way and perpetual easement for the purpose of installation and maintenance of public utilities”. The proposed easement was to be utilized for a water meter and a backflow preventer. Since the easement is not needed, the property owner is seeking its abandonment.
Pursuant to LDR Section 2.4.6(N)(5), a finding must be made prior to the City Commission granting an abandonment that the abandonment will not be detrimental to the provision of utility servic...
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