Res 889-53 P~SOLUTION NO. 889
Upon motion of Councilman Kabler, duly seconded, the
following resolution was unanimously adopted:
WREFJ~A~, in the opinion of this City Council of the City
of Delray Beach, a Florida municipal corporation, it is deemed
advisable and necessary for the City of Delray Beach to obtain
from the Trustees of Florida East Coast Railway Company the
right and privilege to use the public street crossing purposes
only that part of the right of way and property of sald Florida
East Coast ~ailway Company in the City of Delray Beach, Palm
Beach County, Florida, more particularly described as follows:
A parcel of land with uniform width of 70.0 feet
northerly and southerly extending easterly and westerly
across the right of way and tracks of the Railway at
Lake Avenue in Delray Beach, Florida, with longitudinal
center line located 3138 feet more or less southwesterly
from the Railway's mile Post No. 315 from Jacksonville,
Florida, said right of way of the Railway having a total
width of 100.0 feet at this location, being 50.0 feet in
width on each side of the center line of the Railway~s
northbound main track.
All as shown colored yellow upon blueprint of part of
the Railway's plan ¥3-S19b, dated January 12, 1953
attached to said agreement and made a part thereof;
AND, WREItEAS, said Trustees have submitted form of contract
between them and the City of Delray Beach covering public street
crossing on said property at the location above described.
NOW, TBE~O~E, BE IT ~ENOLVED BY the City Council of the
City of Delray Beach, a Florida municipal corporation, as
follows:
1. That the City of Delray Beach, a Florida municipal
corporation, acting by and through its Mayor and City Clerk,
does hereby agree to and enters into an agreement with Scott
M. Loftin and Jo~nM. Martin, as Trustees of the property of
Florida East Coast Railway Company, wherein and whereby the
City of Delray Beach, Florida, is given the right and privilege
to use for public street crossing purposes only that part of
the right of way and property of said Florida East Coast Rail-
way Company in the City of Delray Beach, at the location afore-
said, upon the conditions and terms all as set forth and con-
tained in proposed contract, copy of which is on file with the
City Council of the City of Delray Beach, and by reference
thereto made a part hereof.
2. That Lowell D. Kern, as Hayer of the City of Delray
Beach, Florida, with the attestation of Ruth R. Smith, as City
Clerk, be and they are each authorized and directed to execute
said agreement for and on behalf of the City of Delray Beach,
Florida, and to submit the same for execution of the Trustees
of Florida East Coast Railway Company.
3. That this resolution shall take effect immediately
upon its passage.
STATE OF FL0~IDA, )
COUNTY OF PALH BEACH,)
CITY OF DEL~AY BEACH,)
I, Ruth R. Smith, City Clerk of the City of Delray Beach,
a Florida municipal corporation, do hereby certify that the
foregoing is a true and correct copy of the resolution adopted
by the City Council in session the 12th day of January, A.D.,
1953, as the same appears of record in the public records of
said City of Delray Beach, Florida, in my orificial custody.
/S/ Ruth R. Smith City Clerk
(S~)