File #: 23-258    Version: 1 Name:
Type: Resolution Status: Passed
File created: 2/13/2023 In control: City Commission
On agenda: 3/6/2023 Final action: 3/6/2023
Title: RESOLUTION NO. 51-23: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ABANDONING A PORTION OF A WATER EASEMENT LOCATED AT 4575 W. LINTON BOULEVARD, TOTALING APPROXIMATELY FIVE THOUSAND TWO HUNDRED FIFTY FOUR SQUARE FEET (5,254.27 SQ. FT.), AS MORE PARTICULARLY DESCRIBED HEREIN, PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. (QUASI JUDICIAL)
Sponsors: Development Services Department
Attachments: 1. Agenda Cover Report, 2. Resolution No. 51-23, 3. Resolution No. 51-23, Exhibit A, 4. Abandonment Recommendation: Engineering, 5. Abandonment Recommendation: Utilities, 6. Legal Review

TO:                                          Mayor and Commissioners

FROM:                     Anthea Gianniotes, Development Services Department

THROUGH:                     Terrence R. Moore, ICMA-CM

DATE:                     March 6, 2023

 

Title

RESOLUTION NO. 51-23: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ABANDONING A PORTION OF A WATER EASEMENT LOCATED AT 4575 W. LINTON BOULEVARD, TOTALING APPROXIMATELY FIVE THOUSAND TWO HUNDRED FIFTY FOUR SQUARE FEET (5,254.27 SQ. FT.), AS MORE PARTICULARLY DESCRIBED HEREIN, PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. (QUASI JUDICIAL)

 

Body

Recommended Action:

Recommendation

Consider Resolution No. 51-23, abandoning a portion of a water easement at 4575 W. Linton Boulevard totaling approximately 5,254.27 square feet.

 

Body

Background:

The applicant has requested abandonment of the existing water easement, consistent with the Class II site plan under review (2022-216), which will add pedestrian amenities and a gazebo to the lake area on the property. All water infrastructure has been relocated consistent with building permits. Pursuant to Land Development Regulations (“LDR”) Section 2.4.6(N)(3)(c), the application was forwarded to the City Commission with a recommendation by the City Engineer.  The City of Delray Beach Utilities department has also reviewed and recommended approval of the request.

 

Pursuant to LDR Section 2.4.6(N)(5), prior to granting an abandonment of public easements, the City Commission must find the abandonment will not result in the detriment of the provision of utility services to adjacent properties or the general area.

 

City Attorney Review:

Resolution No. 51-23 is approved as to form and legal sufficiency.

 

Funding Source/Financial Impact:

N/A

 

Timing of Request:

Resolution No. 51-23 will be effective immediately upon recordation.