HomeMy Public PortalAboutMemo to Mayor and Commissioners from Trey NazzaroTOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Memo
To: Mayor Morgan and Town Commissioners
From: Edward Nazzaro, Staff Attorney
Re: Easement Agreement, 998 Pelican Lane
Date: July 6, 2018
Delray Beach and the Owners of 998 Pelican Lane in Gulf Stream have approached the Town
seeking to convey a utility easement in favor of the Town at the northeast corner of 998 Pelican
Lane. This is where the boundaries of Gulf Stream and Delray Beach come together.
In 1958, a 554 -square foot portion of right-of-way forming the paved corner cut at the intersection
of 998 Pelican Lane and Andrews Avenue was deeded to Delray Beach ("998 Pelican easement").
This area is located in Gulf Stream, and not within Delray Beach's boundaries. The Owners of
the adjacent property at 998 Pelican Lane, Douglas and Emily Bowring, have requested Delray
Beach convey the 998 Pelican easement to them in exchange for a right-of-way easement running
in favor of Gulf Stream.
Delray Beach has no record of requesting or accepting the deed to the 998 Pelican easement, and
have advised that it has no current need for the property, as the property is located within Gulf
Stream. Delray Beach previously owned and maintained a sewer pipe near this area on Andrews
Avenue, but that pipe was removed in 2000.
According to Assistant City Attorney Janice Rustin, Delray Beach has many easements that it
holds outright, and regularly exchanges the property it owns for an identical easement. Delray
Beach was ready to perform the transaction, but realized the 998 Pelican easement was in Gulf
Stream. Ms. Rustin advised that Delray Beach does not believe the road will be safe without the
998 Pelican easement.
This matter is important to the Bowrings because an error in a 1968 property transfer carved out a
rectangular parcel of approximately 50 feet by 20 feet ("rectangular parcel") from the deed, also
located in the northeast corner of 998 Pelican Lane. Because the Bowrings wish to make certain
improvements to the property, they want to regain title to the rectangular parcel to make the lot
whole again. The rectangular parcel is not claimed by anyone and it serves no purpose.
Delray Beach is conveying its interest in the 998 Pelican easement to the Bowrings at its public
meeting on July 10, 2018, subject to the Town approving the Easement Agreement. The Bowrings
have agreed not to construct any improvements over the 998 Pelican easement, ensuring that this
area of the right-of-way will remain unobstructed.
RECOMMENDATION:
Motion to approve the Easement Agreement located at 998 Pelican Lane for street and service
utility purposes as presented
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