RESOLUTION NO. 2002-17 A RESOLUTION ADOPTED BY THE CITY COUNCIL OF THE CITY OF GREENACRES, FLORIDA, APPROVING THE ABANDONMENT OF CERTAIN PLATTED EASEMENTS WITHIN THE PLAT OF OAK TERRACE LOT 5, AS RECORDED IN PLAT BOOK 39, PAGE 47, PUBLIC RECORDS OF PALM BEACH COUNTY; AS REQUESTED BY PINNACLE CONSTRUCTION OF FT. LAUDERDALE, INC., PROVIDING FOR REPEAL OF CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Pinnacle Construction of Ft. Lauderdale, Inc., has submitted a request for abandonment (Exhibit A) of all internal utility and drainage easements as shown in the plat of Oak Terrace Lot 5, as recorded in Plat Book 39, page 47, Public Records of Palm Beach County; and WHEREAS, the owner of the property of which these easements exist are desirous to abandon them in order to develop the property as a residential development, Oak Terrace Lot 5; and WHEREAS, it has been determined, in accordance with the Land Development Staff Report and Recommendations dated April 10, 2002, that the internal utility and drainage easements no longer serves the approved site plan; and WHEREAS, the City has received correspondence from the utility service companies, drainage districts and Oak Terrace Property Owner's Association that they have no need to maintain these easements (Exhibit B); and WHEREAS, the City Council of the City of Greenacres finds that it is in the best interest of the citizens of Greenacres that the internal utility and drainage easements be abandoned. Resolution No. 2002-17 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREENACRES, FLORIDA, THAT: Section 1. The internal utility and drainage easements lying within Oak Terrace Lot 5 are hereby abandoned and the City Council does hereby renounce and disclaim all rights, if any, the City of Greenacres or the general public has in the said easements without prejudice to any third party ownership claim in said easements as depicted on Exhibits A and B attached hereto and by this reference made a part hereof. Section 2. Repeal of Conflicting Resolutions. All resolutions or parts thereof or parts of the Code conflicting or inconsistent with the provisions of this resolution are hereby repealed. Section 3. Severability. If any section, part of a section, paragraph, sentence, clause, phrase or work of this Resolution is for any reason held or declared to be unconstitutional, inoperative or void, such holdings of invalidity shall not affect the remaining portion of this Resolution and it shall be construed to have been the legislative intent to pass the Resolution without such unconstitutional, invalid or inoperative part therein, and the remainder of this Resolution after the exclusion of such part or parts shall be deemed to be held valid as if such part or pads had not been included therein, or if this Resolution or any of the provisions thereof shall be held inapplicable to any person, group of persons, property, kind of property, circumstances, or set of circumstances, such holdings shall not affect the applicability thereof to any other person, property or circumstances. Section 4. Effective Date. Resolution No. 2002-17 Page 3 The provisions of this Resolution shall become effective five (5) days after it is adopted. Resolution No. 2002-17 Page 4 RESOLVED AND ADOPTED this 15th of April, 2002. S}~ndra K. Hill /City Clerk Voted Deputy Mayor ~icl~ard C. Ra~cliffe,,,~/~ ' Councilman, District Joseph M. Lee Councilman, District III Theresa L. Wl~a'len Councilwoman, District IV M~'ch a~ | V.~ IVl'o'r[i {n e'r Councilman, District V Approved-~s~to Form and Legal Sufficiency: Pamela S. Terranova City Attorney EXHIBIT A FRD~I : ,ROBERT EOt, iEN ENGII~ER5 ]NC FP, X NO. : 561 687 ~148 Sep. 2t~ 21~1 01:51PI'1 P2 PETITI()N TO ABANDON/VACATE 'I'O: CI'i'Y OF GREENACRES, PALM BEACI. I COUNTY, FLORIDA The uncler~igned h~reby petitions the City of GTe~naca~s to vacate, abandon, di~continu~ and clo~ all internal utility and drainage ea.qements as shown on the Plat. of Oak Tcn'ao~, Lot 5 and to renoun~: and disclaim any right of the City to'any land in connection therewith. Ti~e ~'n-~igned hereby certify 9. I0. 11. 12. 13. Legal Description of the petition site is Oak To-trace, Lot #5, as same ~,~ reeo~d*d in Plat Bo°k 39, page 47, Pnblic Rooorctn of Palm Beach County, Florida (Exhibit 'A'). That thc title or int~:r~t of thc City and thc Public in and to thc B;aaemcnta w~ acquired and ia cv~d~oce..d by Plat of Lot 5 a, recorded in Plat Book 39, pag~ 47, Public R0cord~ of Palm B~ach County, Florkla. That attached hereto ia a s~atled Survey sketch ac~ra~ly drawn to show th~ ~astanonta to be abandoned, ~owing boundari~ of abutting prop~k~, to the sit,, all encroachments, drama8~ and/or utility eascn~nt, and existing structures (Exhibit 'B'). That attached hereto is a location map which clearly and legibly id~ntif~s tl~ location of the p~titk, n site in relation to the n{nw~t public right of way and all aff~ct, d prol~rti~s (S~ F_,ahibit 'B'). Listing of adjacent prol~rty owners is not roquired, a~ all ca~n~a~r, ts to b~ abandons! -ex¢iusiv~o Lot 5 and do not afro, et the adjaeent prop,tries. ..._ Aff~avit not require, s~ note 5. That attached hereto is the approval of, or eon~nt to, ~ pelhion by Palm Bca~ County, the utilities providing .~.rvic~ to or within the petition ~i~ and/or th~ drainage district haviag ju "n~diction over the petition site (Exhibit. 'C'). Not Required- No Rights of Way involved. Not Koqui~d - No Rights of Way revolved. Not Roquil~cl - No Rights of Way invoive~l. That the petitioner's ownership sad/or int~rr~t in and to thc petition sit~ is evid*n¢~l by aa instrument re, corded i~ Off'mia/R~cord Book 11552, Page 565, Public Records of Pakn Beach County, Florida.. A ~:rti~ed copy of that aourc~ instrument i~ attached he~to (Exhibit 'D'). That attached hereto and made a part I~rcof i~ cvidenc~ of paymcnt ofa~! current taxes on ~aid property (F_,xhibit 'E'). The uadersigned submits ~ ground, and reasons in support of this petition tl~ following: .SubJ.e. et p,r.o, p,my b to b~ replatted and th, eaist~g internal c,a~emen~s a~ not compatible with thc, new approv,d sit~: plan~ 'Approp6ate new eastm~nt,'will I~ provid~ .by the ~glat a~ .. a--c>- Q_.-c...~ _I Pinnacle Construction of FL ~u~o, Ina P~t Petitioner's N~ ~ LEGAL DESCRIPTION OF PETITION SITE OAK TERRACE - LOT 5 As same is recorded in Plat Book 39, page 47, Public Records of Palm Beach County, Florida. Exhibit 'A' PAID BY: PINNACLE CONST OF FORT LAUDERDALE INC 3706 N OCEA_~ BLV # 460 FORT LAUDERDALE FL 33308-6451 TCLW005 DELINQUENT TAX STATEMENT LAKE WORTH OFFICE PAGE 01 TAX COLLECTOR, PALM BEACH COUNTY BOX 3715 WEST PALM BEACH, FL 33402-3715 3RD FLOOR PALM BEACH COUNTY GOVERNMENTAL CENTER (561) 355-2269 CERTIFICATE HOLDER CERT NO TAX YR PUR DATE INT BID AMOUNT JW LIENS LLC, FOOTHILL CAPITAL AS SECURED PARTY 2001 16781 2000 FACE: $6,073.72 INT: 7.25% $303.69 $6,377.41 PINNACLE CONST OF FORT LAUDERDALE INC 3706 N OCEAN BLV ~ 460 FORT LAUDERDALE FL 33308-6451 PROPERTY CONTROL NUMBER 18 42 44 27 01 000 0050 TOTAL AMOUNT COLLECTION FEE ( 6.25/CERT ) SEARCH FEE $6,377.41 $6.25 $0.00 TAX DEED APPLICATION FEE $0.00 TOTAL DUE $6,383.66 LEGAL DESCRIPTION OAK TERRACE LOT 5 COMPUTED FOR PAYMENT TO BE RECEIVED ON OR BEFORE 09/28/2001. PAYABLE ONLY BY CASH, BANK DRAFT CERTIFIED CHECK OR MONEY ORDER. PAYMENT MUST BE MADE IN UNITED STATES FUNDS. THIS STATEMENT BECOMES A RECEIPT WHEN VALIDATED BY THE TAX COLLECTOR .~ocnt Ey: U D T±tle & E~¢r0w Inc. G54 563 7754; W,4RIL4_NTY DEED Sep-12-0t 1:38PM; Page t/1 SPACE AFAgVE THIS LINE FOR R ~"OR-DIN~' DATA ?,',,-+-- and lmiivtaaaiiv GRANTOR', who~ a~mss is Sit U,S, 1, S~te 107, Nora ~ ~eae~ t]on leg~ ~s~tivcs, a~ a~i~ fL indivia~s, ~o ~ s~ces~s ~a ~sl~.s of co. froWns,) ~E~ETH, ~t s~d ~tor. ~r ~d ~ c~id~m of~ ~m of~ ~ ~/100 ($10.00) ~LL~ ~d ~ g~d ~d voluble c°nsi~a~ wharf is ~by ~wl~g~ hereby ~t~ · e ~tee ~d ~ntee's he~ succcsso~ aha of P~ BEACH, S~ of H~, to-~t: ~t 5, O~ ~C~, a~ ~ ~ ~ ~ plat th~ofas r~rd~ ~ Plat Book 39, Pa~e 47, of ~ ~blic Reco~ of P~m ~ch C~, Subject pm~ ~e Homcst~ of ~an~ hareM, 2o~ it a~ac~t ~ c~nfi~s ~.. ~ntor in fact sLrBOwCT TO all restrictions, reserva~ons and essa-neats of record, if any; zeroing restrictions and prohibitions imposed by govemm~mlal authority, and taxes for the year 19~9 not yet ckl¢ and pa~yable. /'OGETHER W/T//all the tenements, hm'~ditamcnl~ amd appurtenances th~'eto belonging or in anywise appertaining. TO HAVE AND TO HOLD, thc same m fcc simple forever. AND THE ~ GR.ANTOR d~s heralD' covenant with thc said Grantee that thy Grantor is lawfully seized of said land in fee simple; that the Cn'antor has good fight and lawful authori~ to sell and convey said land, and hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever. IN WITNE~R WHEREOF, Gr~tor has hereunto ~ Grantor's hand and seal this clay ~nd y~ar first above writlcn. off "F. ~ llro~m ,ir., ~fr~stee ~d in4i~[&~aally Printed Signature STATE OF Florida COUNTY OF ~,,, The forcsoinj instrument was acknowledl~edbefo!*.e m.e this 3/clay of ~t~/,t . 19'~e, by F. Ted Brown ,Ir.,asTrU~eeidentificationand Individually .... who [ ] is personally known~to mc or SEAL ~ Pdnt~l Notary Stature My Commission Expires: EXHIBIT B Associated Property Management of the Palm Beaches, Inc. June 19,2001 Mr. D. M. Shepherd, P.E. Robert & Owen Engineers, Inc. 1696 Old Okeechobee Road, Unit 1C P. O. Box 3226 West Palm Beach, FL 33402-3226 RE: Oak Terrace Proper~y Owners A~su~.lc~du, , ,, it;. Proposed Easement Abandonments Oak Terrace, Lot 5 (Plat Book 39, pg 47.) Dear Mr. Shepherd: The Board of Directors of Oak Terrace Property Owners Association, Inc., has agreed to the abandonment of all the internal platted easements in Lot 5. It is understood that the perimeter easement will not be changed. Should you have any questions, please call the Property Manager, Virginia Trent at 588-7210. Very truly yours Arlene Armes, President Oak Terrace Property Owners Association, Inc /pat 400 South Dixie Highway, Suite 10, Lake Wodh, Florida 33460 · 561-588-7210 · assocpropmgt@bellsouth.net Water Utilities Department P.O. Box 16097 West Palm Beach, FL 33416-6097 (561) 641-3429 Fax: (561) 641-3447 www. pbc water, co m Palm Beach County Board of County Commissioners Warren H Newell. Chairman Carol A. Roberts, Vice Chair Karen T. Marcus Mary McCarty Butt Aaronson Tony Masilotti Addie L. Greene County Administrator Robert Weisman "An Equal Opportunity Affirmative Ach'on Employer" June 11,2001 D.M. Shepard, P.E. Robert E. Owen Engineers, Inc. 1696 Old Okeechobee Rd, #1C West Palm Beach, FL 33402-3226 Re: PETITION TO ABANDON/VACATE LOT 5, OAK TERRACE (PB 39, PG 47). Dear Mr. Shepherd In response to your request of May 31, 2001, this is to advise you that Palm Beach County Water Utilities Department has no objection to the above referenced easement abandonment as presented. Should you have any questions, I may be reached at 561-641-3428. Sin..cerely, Anna M. Daniels Contract Management Specialist cc: file ~3~ printed on recycled paper Florida Public Utilities Company P. O. Box 3395 West Palm Beach, FL 33402-3395 June 6,2001 Mr. D.M. Shepherd, P.E. Robert E. Owen Engineers, Inc. 1696 Old Okeechobee Rd., Unit 1C West Palm Beach, FL 33402-3226 Proposed Easement Abandonments - Oak Terrace, Lot 5 Pat Book 39, Page 47 Dear Mr. Shepherd: Please be advised that Florida Public Utilities Company has no objection to the abandonment of the existing easements described in your letter. At the present time, we have no underground gas distribution facilities located within the limits of the proposed abandonment. Sincerely, Engineering Aide CCi D.E. Pellico C.C. Canino BELLSOUTH BellSouth Telecommunications, Inc. Engineering 2021 South Military Trail West Palm Beach, FL 33415 561 439-9110 June 4, 2001 D.M. Shepherd, P.E. ROBERT E. OWEN ENGINEERS, INC. 1696 Old Okeechobee Road, Unit 1C Post Office Box 3226 West Palm Beach, Florida 33402-3226 RE: Proposed Easement Abandonments - Oak Terrace, Lot 5 (Platt Book 39, p. 47) Dear Mr. Shepherd: BellSouth has no objection to abandonment of easements you requested. If you need any additional information please call me at 561-439-9118. Sincerely, LFM:dn !=1=i_ June 22,2001 2.00i Robed E. Owens Engineers, Inc. 1696 Old Okeechobee Road, UnitlC Post O~ce Box 3226 West Palm Beach, Florida 33402-3226 RE: PROPOSED EASEMENT ABANDONMENTS-OAKTERRACE, LOT 5 (PLAT BOOK39, PAGE47) Attn: D. M. Shepherd, P.E. Dear Mr. Shepherd: FPL has no objections to the abandonment of the above referenced area contingent upon the following: 1. The perimeter easements along the eastside of the property adjacent to Oak Terrace Blvd. and along the southside of the property adjacent to Melaleuca Lane remaining unchanged at 10'. 2. The perimeter easement along the westside of the property adjacent to Lucerne Homes East Plat No. 4 being extended from an existing 6' easement to a 10' easement. 3. A 10' easement being acquired along the northside of the property adjacent to Recreation Area No, 2. See enclosed Boundary Survey for area in consideration highlighted in yellow with comments. If you require any further information or assistance, please do not hesitate to contact me at (561) 742- 2009. J es Lockett J__(~n e s Locket! Customer Project Manager Enclosure an FPL Group company Adeiphia Engineering Department 1401 Northpoint Parkway West Palm Beach, F1 33047 Thursday, June 28, 2001 D.M. Shepherd, P.E. Robert E. Owen Engineers, Inc. 1696 Old Okeechobee Road, Unit lC West Palm Beach, FI 33402-3226 Letter of Utility Easement Abandonment i.e.: Oak Terracce, Lot 5 [ Plat Book 39pg.47 ] in PBCounty Dear Mr. Shepherd, P.E.: In reviewing your request on the above ref. project, Adelphia ( WPB ) ...has no objections nor conflicts with your proposed plans and does not encroach onto our easements or otherwise interfere with the provision of service to our customers. Should you have any other questions, please feel free to call me at 1-561-227-4343 / Fax Numbers-1-561-686-8507 / e-mall leonardmaxwell~adelphia.net Sincerely, Leonard Maxwell Permit Adjustor 6/28/01 9:55:58 AM cc: Scott Swendner - Project Manager Construction Coordinator Maida Alguacil - Engineering Coordinator PBCounty Draw File FROM : ROBERT E OWEN ENG!NEERS INC FAX NO. : 561 68? 0448 Oct. 10 2001 0~' 12PM Pi CON 24-06 Environmental Resource Regulation Division Application No,' 010702-7 July 27, 2001 SOUTH FLORIDA WATER ]~XIAGEMENT DISTRICT 3301 Gun Club Road, West PaLm Beach. Florida 33406 · (56'1) 686-8800 - FL WA'~ 1-800-432.2045 * TDD (561) 697-25?4 MMling Address: P.O. 'Box 24.6~, West PaJrn B~:,ch, FL 33416~-680 - . ]/'. ~?$ www. sfwmd, gov . / JUL ~ 8 ZO~l ::' PINNACLE CONSTRUCTION COMPANY C/O ROBERT E. OWNER ENGINEERS. INC. P.O. BOX 3226 WEST PALM BEACH. FL 33402-3226 Dear Permittee: SUB3ECT: PERMIT MODIFICATION NO.: 50£00724-S Project: OAK TERRACE - LOT 5 Location: Palm Beach County, S27/T44S/R42E Distri-ct staff has reviewed the information submitted July 02. 2001, for the revised paving, grading and drainage plan for Lot 5 as shown.on the submitted plan dated 2une 28, 2001. Based on that information, District staff has determined that the proposed activities are in compliance with the original surface, water management permit and appropriate provisions of FAC Rule 40E- 4,331(2)(b). Therefore, these changes have been recorded in our f~les. Please understand that your permit remains subject to the Standard Limiting Conditions and all other Special Conditions not modified and as originally issued. Carlos A. DeRCj~s, P.E. Sr Supv EnginL>~r Palm Beach Service Center CD/cd. c: Palm Beach County Engineer ROBERT E OWEN ENGINEERS INC ]~X£CLtTI VE -rrudl K. Willi&m~, Chai~' Lennart E. LLndahl, Viee-Chair Pamebs Brooks-Thoz'na~ Michel Collin~ Hugh M. English Gem.trio B. l~ernfindez Pat'eick J- Glea,.~on~ Ph.D., 'P.G. Nicol&S J. Guri6.rrez, jr., ~ff~q, Flarkley R. Thornton }-Ien~), D~n, £t:eeutiv~ Dirtc~r CITY OF GREENACRES Council Agenda Item #2002.04A7.001 TO: Mayor and City Council THROUGH: Wadie Atallah, City Manager FROM: Rodney G. Colson, City Engineer RE: Resolution No. 2002-17 Approving the Abandonment of certain platted easements within Oak Terrace Lot 5 DATE: April 10, 2002 COPIES: Pamela S. Terranova, City Attorney Sondra K. Hill, City Clerk Background: On June 5, 2001, the City approved a Site Plan Amendment to change the building configuration and reduce the number of units that were approved in 1980 and allow for the construction of 44 condominium units. Pinnacle Construction of Ft. Lauderdale, Inc. has submitted a petition (Exhibit A) to abandon all the internal utility and drainage easements as shown on the original Plat of Oak Terrace. The original easements need to be abandoned in order to develop the property as amended. In accordance with the Land Development Staff Report and Recommendations, it has been determined that the original easements will no longer serve the approved Site Plan Amendment and new easements will be recorded on the Oak Terrace Lot 5 Replat that will be forthcoming. Analysis: The Easement Abandonment Survey included in Exhibit A accurately reflects the original easements that need to be abandoned. The City has also received correspondence from the utility service companies, drainage districts and Oak Terrace Property Owner's Association that these easements are no longer needed (Exhibit B). Financial: N/A Legal: The easement abandonment documents have been prepared in accordance with applicable City Code requirements and Chapter 177.101, Florida Statutes.