Res 1021-56 RESOLUTION NO. 10~1.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELHAY BEACH, FLORIDA, ORDERING THE CONSTRUC-
TION OF A SIDEWALK, FIVE (5) FEET IN WIDTH, ON
THE EAST SIDE OF SOUTH SWINTON AVENUE BETWEEN
SOUTHEAST FOURTH (4th) AND TENTH (10th) Streets.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, did, on the 13th day of August, 1956, adopt a Resolution
requiring the City Manager to prepare plans, specifications and an
estimate of cost for the construction of a sidewalk on the East
Side of*South Swinton Avenue between Southeast 4th and 10th Streets
~aid Sidewalk to be five (5) feet tn width, and requiring said
plans, specifications and estimate of cost of such improvement to
be placed on file in the office of the City Manager, and
WHEREAS, increased pedestrian traffic and more specifically an
urgent request for such improvement having been made by the Parent
Teachers Association on behalf of the many school children in that
area is considered sufficient cause to necessitate the construc-
tion of a sidewalk on the land described above,
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the
City of Delray Beach, Florida, that it is determined to make the
following described improvement, to-wit:
CONSTRUCTION OF A SIDEWALK, five (5) feet in
width, on the East side of South Swinton Ave-
nue between Southeast 4th and 10th Streets,
the total cost, as estimated, for such im-
provement being $5,000.00
BE IT FURTHER RESOLVED that the entire cost of such improve-
ment shall be shared by the City of Delray Beach, Florida, and the
following described properties in Delray Beach, Palm Beach County,
Florida, on a basis of the City of Delray Beach paying fifty (50)
per cent of the cost of said improvement, and the property owners,
of said properties shown below, paying fifty (50) per cent of the
total cost thereof;
Item 1. That part of Model Land Company, s Lot l, Block l, S/D
of Section 21-46-43, which lies West of a line parallel
with and 50 feet distant westerly from the center line
of Main Track of the F.E.C.Ry., said tract being des-
cribed in accordance with the Model Land Company's Plat
of S/D of W~2 of Sec. 21-46-43, LESS the following three
(3) parcels of land therein;
(a) Begin at a Point on the S R/W line of S.E. 4th
Street which point is 40 feet W of the westerly
boundary line of the F~E.C.Ry., measured along
said S line of S.E. 4th Street; thence W'ly a-
long S R/W line of S.E. 4th Street a distance of
165 feet,*' thence S,ly parallel to Swinton Avenue
a distance of 140 feet to a point; thence E'ly &
parallel to S.E. ~th Street to a point lying 40
feet W of the W R/W line of the F.E.C. Hy., thence
North E'ly in a straight line parallel to the W
R/W line of the F.E.C.Ry., to the P.0.B.
(b) S 75 feet of N 200 feet of W 164 feet thereof.
(c) S 75 feet of N 275 feet of W 164 feet thereof.
Item 2~ The South 75 feet of the North 200 feet of the West
164 feet, LESS the W 33 feet thereof, and more par-
ticularly described above in Item I - Sec. (b).
Item 3~ The South 75 feet of the North 275 feet of the West
164 feet, LESS the W 33 feet thereof, and more par-
ticularly described above in Item I - Sec. (c).
- 2 -
" 6. " 3J " fl II
" 7. "~ " ~ "
Item 8. South-half of Lot 2 and ALL of Lot 3, Block 1,
Model Land Co's. S/D of the W~ of Sec. 21'46-43,
as in P1.Bk. 1-128, LESS SE 7th Street 50 foot R/W.
Item 9. Lot 4, Block l, of Model Land Co's. S/D of the
W~ of Sec. 21'46'43, as in Plat Book 1-128.
said benefits to be determined and prorated according to the front
footage of the respective properties as set forth immediately above.
BE IT FURTHER RESOLVED that said special assessments against
all the lots and lands as set forth herein which are specially ben-
efited, shall be and remain li~s superior in dignity to all other
liens, except liens for taxes, until paid, from the date of the as-
sessment upon the respective lots and parcels of land assessed, and
which shall bear interest at the rate of eight (8) percent per an-
hum, and ~hich may be paid in three (3) equal yearly installments
with accrued interest on all deferred payments. Payments shall be
made at the same place that taxes payable to the City of Delray
Beach, Florida, are paid, namely, at the office of the City Tax
Collector, and upon failure of any property owner to pay any an-
nual installment due, or any part thereof, or any annual interest
upon deferred payments, the City of Delray Beach may bring nec-
essary legal proceedings by a Bill in Chancery to enforce payment
thereof with all accrued interest, together with all legal costs
incurred, including a reasonable attorney,s fee. The total amount
of any lien may be paid in full at any time with interest from the
date of assessment.
IT IS ORDERED that the City Commission shall sit at the Cit~
Hall in the City of Delray Beach, Florida, at ~:00 P. M., on August
27th, 1956, for the purpose of hearing objections, if any, on said
proposed improvement, as set forth herein.
PASSED AND ADOPTED by the City Commission of the City of
Delray Beach, Florida, on this the 13th day of August, A. D.., 19~$.
The
WIDTH,: ON
Delray Beach Journal SODT.,TWEE.
WHEREAS Ion.
of the Cit~ of ~lz
Published I ~se, ~d~t a
~h~e 5274 Weekly P.O. Box 532 the CiW Manger ~ tns,
specificaUons ~nd ~ of
Delray Beach, Palm Beech County, Florlda. walk o~ ~e East S~e of Sou~
and 10~ S~ee~, ~id ~idew~lk to
be five (5) feet in wid~, snd re-
quoin[ said plan*~ specffi~ns
and e~timate of cost of such im-
provement to be placed o~ f~ in
~e o~e of ~e City ~ler, a~
WHYS, ~c~ased pedes~an
~CA~ON OF ~GAL ~.l~'~d ao~ ,~ClflcaU2 In ~
~ent request for s~ch i~ment
PUBMCA~ON h..~ .been ~de, by ~ ~
Teache~ Asloc~n on ~_ eE
tNe msny school ~h~d~n ~ ~t
sas is considered{~flci~ ~
to necelsl~ ~e ~ cons~
· s~ewelk on ~ ~nd
Herewith copy of legal notice re: .~ve, ~
~O~VED~by ~e Cl~ Comm~slo~ ~
~t It 1~ dete~t~d to ~
following describ~
to
CONSTRUCTION 'OF A
which first appeared in the JOURNAL WALE, five (5l, feet ~
under date o{: ~ t~ Avenue ~een Sought
'' ' 4~ and 10~e~, ~e te~l
cost, as es~ for such 1~ date
p~vement be~ '$:~ 000.00
This notice ~s scheduled fo appear B~ IT FUR~R,~LV~D ~t ~ 'bear ~-
~e entire cost of ~ch i~ro~
~ch, Florida,.a~d the foU~g lnst~l-
~h, Palm Be~un~, ~; on
[~ on~ error ]s not~ p[~se cull us ~ a. ~sis of ~ ~ of ~y
~m~ pmy~g fi~ (~ per ~ ~
before the next publication date. ~ Oust of said. ~p~v~ m~ ~f De~y
~ ~e~y owne~, of ~d~
~ ~ ~e ahown be~ow, ~y~g fl~(~)
The cost in this instance will be..~.~..'.~/
~e
· Item 1- ~t ~t'~M~el~
C~ny,s Lot 1, ~ l. S~ ~
Sec~n 21-4~43~tes W~ of
a IiM pamll~~-~ ~ee~ by a
~westerly ~ ~
For your ~o~on, verific~tlon ~d of ~ T'--~'~':~.S.C.'~Y-,
said tract berg ~t~d ~ acc~- lnc~d,
correc~on ~ses. dance wi~ ~e'~'; L~d, .Co~ lt~mey*l
pan~'~ Pl~t of ~ ~IA of Sec.
T~ ~ NOT A B~ (~) pa~el, of h~;--~
(a) Be~n atto ~t.on ~ S R/W
~' Ci~
l~e of S,E. 4~'~et wh~ point ~e
is 40 feet W of ~ wes~ ~u~
d~ line of ~e ~:. ~y,; mess~
ed alon~ said >S~ ~ o~ S.~ 4~
~eet; thence ~U~t~ S R~ line
~8. E. 4~ S~et~s~e of 165
~aue a dis~ce~ 1~ f~t, to a
S.E. 4~ S~eet to a P~t 1~ 40
feet W of the. W R~ ~ne. of ~e
· s~aight line ~m~ ~ ~e W R/W ~YOR
l~e of ~e F.~C..~ (to ~e P.O.B.
(bi ~ 75 feet~N~ fo~OfW 164
foe~ ~Of. i~;.
(e) S 7S feet ~ ~2~5 feet of.W 164
fee[ ~e~of, ,
No~ 200 fe~ of ~e Wilt 164
feet, LE~ ~ W 33 feet ~e~of,
and mo~ ~rtic~arly descend
a~ve ~ l~m 1 - Sec. ~b~.
item 3. ~e~o~ ~ feet of ~e
N~h 27~ feet of ~e W~t $64 feet,
LRBS ~e W 33 [e~t ~f, mhd
mo~ pmr~cu~rly ~mcdbed
~ I~m 1 - Sec. (c}.
Itum 4. Lot ~, ~e~on Block,
P~t ~ok 22, Pm~e
Item 5. Lot 2, An~rm~ Block,
P~t Book 22, Pm~e 4S.
I~m 6. Lot 3, ~e~ ~ock,
P~t Book 22, Pm~e
I~m 7. Lot 4, ~ers&n ~k,
Plat ~ok 22, Pm~e 45;
Item 8. Soul. If of Lot 2 mhd
ALL of Lot 3, Block 1, M~el L~d
Co,s. S/D of ~e W~ of Sec.
43, as in PI. Bk. 1-128, ~E~ SE
7~ S~eet ~0 ~e~.
· Item 9. Lot 4/ ~ock 1~ of
Land Co*s. S/D ~ ~e ~ of Sec.