File #: 19-379    Version: 1 Name:
Type: Resolution Status: Failed
File created: 3/21/2019 In control: City Commission
On agenda: 5/7/2019 Final action: 5/7/2019
Title: RESOLUTION NO. 70-19: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ABANDONMENT OF INTEREST OF A SOUTHWEST PORTION OF THE HUNGERFORD CANAL TOTALING APPROXIMATELY THREE THOUSAND EIGHT HUNDRED AND FORTY-NINE (3,849) SQUARE FEET, LOCATED PERPENDICULAR TO THE C-15 CANAL, ABUTTING THE SOUTH PROPERTY LINE OF LOT 14, AS RECORDED IN THE REPLAT OF TROPIC PALM PLAT NO. 2, BOOK 33, PAGES 144 THROUGH 146 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY.
Sponsors: Development Services Department
Attachments: 1. Agenda Cover Report, 2. Location Map, 3. Resolution 70-19 - 1300 Cormorant Abandonment w. easement, 4. Exhibit A - Sketch and Legal description w. easement - 04-12-19, 5. 1300 Cormorant Rd - P&Z Staff Report, 6. 1300 Cormorant Rd - Title Opinion, 7. 1300 Cormorant Rd - Title Opinion2, 8. Affidavit Res. #70-19 Notice of Abandonment of Interest 3-14-19, 9. Letters of no objection from Neighbors from the applicant, 10. Easement Deed 1300 Cormorant (002), 11. Exhibit A -Sketch and Legal - For Private Easement
TO: Mayor and Commissioners
FROM: Tim Stillings, Development Services Department
THROUGH: Neal de Jesus, Interim City Manager
DATE: May 7, 2019

Title
RESOLUTION NO. 70-19: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ABANDONMENT OF INTEREST OF A SOUTHWEST PORTION OF THE HUNGERFORD CANAL TOTALING APPROXIMATELY THREE THOUSAND EIGHT HUNDRED AND FORTY-NINE (3,849) SQUARE FEET, LOCATED PERPENDICULAR TO THE C-15 CANAL, ABUTTING THE SOUTH PROPERTY LINE OF LOT 14, AS RECORDED IN THE REPLAT OF TROPIC PALM PLAT NO. 2, BOOK 33, PAGES 144 THROUGH 146 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY.

Body
Recommended Action:
Recommendation
Motion to approve Resolution No. 70-19 formally abandoning the City’s interest of upland area located at the southwest corner of the Hungerford canal, perpendicular to the C-15 canal, abutting the south property line of Lot 14 (1300 Cormorant Road), as recorded in the replat of Tropic Palm Plat No. 2, Book 33, Pages 144 through 146 of the Official Records of Palm Beach County, Florida, and as more particularly described in exhibit “A”.

Body
Background:
The property owner of 1300 Cormorant Road (Property) requests the abandonment of a 3,849 sf portion of upland canal area (Subject Area), contiguous to the Property. The Subject Area is located at the southwest corner of the Hungerford canal.

On January 13, 1958, the City of Delray Beach adopted Ordinance G-277 annexing the Tropic Palms subdivision. On February 11, 1958, the Tropic Palm Plat No. 2 was recorded in Official Records Book (ORB) 25, pages 135 through 136 (refer to page 5 of the staff report). The plat affirms what is surveyed and platted as shown “does hereby dedicate to the perpetual use of the public, as highways and waterways, the Streets and Canal as shown hereon…”. In other words, the canal is dedicated for public use. It is important to note, the Property was platted north of its current location and at that time only the...

Click here for full text