Res 1190-59 ESOLUTION NO.
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, RE~;ESTING TEMPORARY
CROSSING PERMIT OF RIGHT-OF-WAY OF STATE ROAD
NO. 9 BY EXTENDING S.W. 10TH STREET IN DELRAY
BEACH, WESTERLY TO MILITARY TRAIL.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA:
That the State Road Department of Florida be and it
is hereby requested to permit the temporary crossing of the Depart-
ment's right-of-way for State Road No. 9 by extending S.W. 10th
Street in the City of Delray Beach in a Westerly direction to Mili-
tary Trail on Lowson Boulevard (proposed) along the South City
limits of Delray Beach, at a point located approximately half way
between the proposed crossings of said right-of-way for State Road
No. 9 at Atlantic Avenue and Germantown Road.
It is understood by the City Council of the City of
Delray Beach that it is a condition of this request that at such
time as the State Road Department wishes and desires to close such
crossing, in order to exercise the use of its right-of-way for
State Road No. 9 for a limited access facility, the Department may
terminate the temporary permit hereby requested, and it is agreed
that the Department may close such crossing permanently at its sole
descretion; that in the event the Department does terminate such
crossing, the City of Delray Beach may then construct a grade sepa-
ration at such point and at its expense, but nothing herein contain-
ed shall be construed as imposing any obligation upon the City of
Delray Beach, Palm Beach County or the State Road Department, or
either of them, to construct such grade separation.
PASSED AND ADOPTED'in special session on the 4th ....
day of .August ...... , 19~9. A.D,
" /
" Mayor /- "
ATTEST:
city
il~E CI~~ OF DEL~2AY f~qCl~, FLO~ID~, FOf~
~.~h~::,,~..,TM ' 'the City Council of the ~;~ty~ ' of ' '
florida, by its [~e~olution No. it98 adopted on the fourth day of
Au. gust, 1959, r~aesled '[;~e .tare ])cad Depart~xent of Florida
~ .... = .... ~s for a ~emporary cross-
issue to the City of .)elr~ :each a
in~ of the ri~hfi-of-way for.~' ~' 9 ~' , -
~='~.e ,.oad No. by oxter, clnq
~e:sL lenth ,treet in the ..~i'h':,' of '"
,,,e~ay .,each in a westerly
tion to ~,ilitaxy Trail on howson ~oulevard (proposed) along
south city li::~its of Delray 5e<ich ~t a point located approxima[ely
half way between the propose~i crossin(ts of said riqj~t-of-wa5
L~'te~e J.:oae ~,o. 9 c%-t '~tlantic ~venue filt6 'Jer.raanto%~m ,:~oad;
,'~:t~i( .... >, City .::esolution ~:o. 1190 made i.t d condition
of the City's r~est t}a[ at such time as the :..~tate Xo~d
wishes and desires to close such crossing in order to exercise the
use of its right-of-way for .,;tare ~ pad ~o. D for a li.:r:ited :~ccess
facility, the Department may terz:inate the temporary pe~ir
~tes~ed and fhe City agreed thai the :epartmen/ might close such
crossing permaneni].y at its sole discretion; and
?~.~'~'~ the ~oard of t, ounty Cor~m~issioners of Palm ~:;each
County desires to coi~cur in the r~ues-t of~ 'the City of' Uelray J~each;
.~,~ Y FI,OS~ID~=, in session assembled
:;u:~st 24, 1959, as follows:
1. The Board of County Commissioners does hereby ooncuz
in the r~est of the City Council of the City of De!ray f~mach
t]~e ~3tate Road De~r~ent of Florida as set forth in City ~esolution
i<o. llPO.
2. In the event the i~oad Depar~ent does resinate the
z~esteo c~ossing, the C~ty of Dmlzay ~each may then const~ci a
~rade separation at such point at its expense ~t sh~l not be
ligated to do so, nor shall there be any such obligation upon Palm
-l-
Beach County or the State Load Department to oonstruct such 9rade
separation.
3. Certified copies of this resolution shall be sent
to the State i<oad Department of Florida and to tb.e City of ])elray
Beach.
~.~ake Ltl/al
~'ennetk~--, ~' ?oster
:.ay ,~; .,:.ichgel. 3r.
:,s ~e~:~bers of the Joard of
County Com~issioners of
?al.,,,-- :~' Deac}:~ Co,~nty, Flozida
Clerk
Board of GoU]aty Commissioners
Palm Beach County
Florida
STATE OF FLORIDA t SS.
COUNTY OF PALM BEACH
I, J. ALEX ARNETTE, Clerk of the Circuit Court of the
Fifteenth Judicial Circuit and ex-officio Clerk of the Board of
County Commissioners of Palm Beach County, Florida, do hereby
certify that the above and foregoing is a true and correct
excerpt from the County Commissioner's Minutes of Meeting
held ............. August 24._ ...., 195_~9, as same appears of record in
County Commissioners' Minutes No. 3 3 in this office.
IN WITNESS WHEREOF, I have hereunto set my hand
and seal of said Board, this c~__~___-_-~ay of __iLu_c/u_st .,
A. D. 1952_.
J. ALEX ARNETTE
Ex-officio Clerk, Board of
Deputy Clerk
(SEAL)