File #: 19-643    Version: 1 Name:
Type: Resolution Status: Passed
File created: 6/6/2019 In control: City Commission
On agenda: 7/2/2019 Final action: 7/2/2019
Title: RESOLUTION NO. 121-19: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE ABANDONMENT OF A GENERAL UTILITY EASEMENT CONTAINING 1,184 SQUARE FEET, AND A SEWER EASEMENT CONTAINING 453 SQUARE FEET, WHICH WERE DEDICATED TO THE CITY OF DELRAY BEACH AS RECORDED IN THE METROPOLITAN AT DELRAY REPLAT, PLAT BOOK 123, PAGES 52 AND 53, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, RUNNING PARALLEL TO THE ALLEY EAST OF SE 3RD AVENUE, NORTH OF SE 1ST STREET, AS MORE PARTICULARLY DESCRIBED IN EXHIBITS “A” AND “B”, PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.
Sponsors: Development Services Department
Attachments: 1. Agenda Cover Report, 2. Metropolitan GUE and Sewer Easement Abandonment Resolution 121-19, 3. Metropolitan GUE and Sewer Easement Abandonment Location Map, 4. Metropolitan GUE and Sewer Easement Abandonment Plat, 5. Delray City Market Site Plan
TO: Mayor and Commissioners
FROM: Timothy Stillings, Development Services Department
THROUGH: Neal de Jesus, Interim City Manager
DATE: July 2, 2019

Title
RESOLUTION NO. 121-19: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE ABANDONMENT OF A GENERAL UTILITY EASEMENT CONTAINING 1,184 SQUARE FEET, AND A SEWER EASEMENT CONTAINING 453 SQUARE FEET, WHICH WERE DEDICATED TO THE CITY OF DELRAY BEACH AS RECORDED IN THE METROPOLITAN AT DELRAY REPLAT, PLAT BOOK 123, PAGES 52 AND 53, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, RUNNING PARALLEL TO THE ALLEY EAST OF SE 3RD AVENUE, NORTH OF SE 1ST STREET, AS MORE PARTICULARLY DESCRIBED IN EXHIBITS “A” AND “B”, PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.

Body
Recommended Action:
Recommendation
Review and consider Resolution 121-19, as presented.

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Background:
The General Utility Easement (GUE) and the Sewer Easement (SE) are requested to be abandoned for Parcel A of Metropolitan at Delray, according to the plat thereof as recorded in Plat Book 123, Page 52, of the records of Palm Beach County, Florida, containing 0.86 acres. Parcel A has a Future Land Use Map (FLUM) designation of Central Core (CC) and is zoned Central Business District (CBD). The previously approved site plan that required the easements was superseded on October 24, 2018, when the Site Plan Review and Appearance Board approved a Class V Site Plan for Delray City Market (2018-180). The approved site plan requires a GUE in a different location and does not require an SE.

On May 17, 2019, the Development Services Department received an Abandonment of Easement application to abandon the referenced GUE and SE. Abandonments of the existing easements are specifically shown in Exhibits A and B of Resolution No. 121-19. A new GUE, specific to the approved site plan, will be brought before the City Commission for acceptance when the location has been determined.

The abandonment application was revie...

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