Res 737-49 ~ESOLUTION No. 737
Upon motion of Councilman Roth, duly seconded, the follow-
ing resolution was unanimously adopted.
~[KP~ 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 for public street crossing purposes
only that part of the right of way and property of said Florida
East Coast Railway Company in the City of Delray Beach, Palm
Beach County, Florida, more particularly described as follows:
A parallelogram shaped parcel of land 60.0 feet wide
northerly and southerly extending easterly and west-
erly across the right of way and tracks o£ Florida
East Coast ~ailway Company at NE 1st Street in Delray
Beach~ Florida, the longitudinal center line of said
parcel of land being located 3757 feet more or less
southwesterly from the Rallwayts Mile Post No. 316
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 Railwayts northbound track.
All as shown colored yellow upon blueprint of part
of the Railwayts plan Corr. File 317-26 dated June
13, 1949, attached to said agreement and made a
part thereof.
AND W~EdEAS, said Trustees have submitted fo~m of contract
between them and the City of Delray Beach covering public street
crossing on said property at the location above described.
NOW, THEi~EFOiiE,
BE IT RESOLVED BY TKE 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 John W. 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 privil-
ege to use for public street crossing purposes only that part
of the right of way and property of said Florida East Coast
Railway Company in the City of Delray Beach, at the location
aforesaid upon the conditions and terms, all as set forth and
contained in proposed contract, a 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 J. L. Saunders, as Mayor of the City of Delray
Beach, Florida, with the Attestation of Ruth R. Smith, as City
Clerk, be and they are eadh 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 by the Trustees
of Florida East Coast Railway Company.
3. That this resolution shall take effect immediately
upon its passage.
STATE OF FLORIDA, )
COUt~TY OF PAL~ BEACH)
CITY OF DEIA~Y BEACH)
I, ~uth H. Smith, City Clerk of the City of Delray Beach, a
Florida municipal corporation, do hereby certify that the Foregoing
;is a tr~e and correct copy of the resolution adopted by the City
Council in session the 18th day of August, A.D. 1949, as the same
appears on record in the public records of said City of Delray
Beach, Florida Book 35, Page 230, in my official custody.
(signed) Ruth R. Smith