File #: 21-516    Version: 1 Name:
Type: Request Status: Passed
File created: 5/12/2021 In control: City Commission
On agenda: 6/1/2021 Final action: 6/1/2021
Title: RESOLUTION NO. 94-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ABANDONMENT OF INTEREST IN A PORTION OF A UTILITY EASEMENT LOCATED AT 16000 SOUTH MILITARY TRAIL, TOTALING APPROXIMATELY ONE HUNDRED THIRTEEN SQUARE FEET (113 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. Res. No. 94-21 - Utility Easement Abandonment 16000 Military Trail, 3. Res. No. 94-21 Exhibit A Sketch and Legal of Vacated Utility Easement, 4. Utility Easement Exhibit, 5. Legal Review Res 94-21
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TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Jennifer Alvarez, Interim City Manager
DATE: June 1, 2021

Title
RESOLUTION NO. 94-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ABANDONMENT OF INTEREST IN A PORTION OF A UTILITY EASEMENT LOCATED AT 16000 SOUTH MILITARY TRAIL, TOTALING APPROXIMATELY ONE HUNDRED THIRTEEN SQUARE FEET (113 SQ. FT.), AS MORE PARTICULARLY DESCRIBED HEREIN, PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES (QUASI JUDICIAL).

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Recommended Action:
Recommendation
Review and consider Resolution No. 94-21, for the abandonment of a portion of a ten-foot utility easement.

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Background:
The subject 0.93 acre property is developed with a gas station convenience mart and associated fuel pumps and is located at the southeast corner of Linton Boulevard and South Military Trail at 16000 South Military Trail. The property is zoned Planned Commercial (PC) with a compatible future land use designation of General Commercial (GC).

On February 27, 2019, the applicant received approval of a Class V Site Plan from the Site Plan Review and Appearance Board for the demolition of the existing gas station convenience mart and construction of a new gas station convenience mart (gasoline station with food sales) and eight (8) associated fueling stations. To develop the site plan, a portion of the existing 10-foot utility easement, which was dedicated in 1985 via a Plat (Plat Book 51 Page 118), conflicts with the new building location. An existing fire hydrant located within the area is proposed to be relocated elsewhere on site. The applicant is requesting to remove only the portion of the easement where the fire hydrant was located and that conflicts with the new building; the remainder of the easement will remain as previously platted. The proposed easement abandonment is processed pursuant to Land Development Regulations (LDR) Section 2.4.6(N)...

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