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Res 656 CITY OF DELRAY BEACH, FLO~IDA RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, LOCATING THE WEST RIGHT OF WAY LINE OF THE OCEAN BOULEVARD, ABANDONING ANY PORTION OF THE OCEAN BOULEVARD LYING %'~EST THEREOF AND PROVIDING FOR THE CONSTRUCTION OF CERTAIN STREET IN~ROVEMENTS. WHEREAS, for many years there has been considerable-uncertainty as to the exact location of the west right-of-way line of the Ocean Road, also known as-the Ocean Boulevard, in the fractional East half of Section 16, Township &6 South, Range &3 East, as per plat-thereof filed in Plat Book l, page 25 of the public records of Palm Beach County, Florida, and WHEREAS, a line to serve in the place of the west boundary line of the Ocean Boulevard in Fractional Section 16, Township &2 South, Range &3 East and commonly known as the Brockway Survey Line has heretofore been established according to plat thereof on-file in Plat Book 20 at page & of the public records of Palm Beach County, Florida, which line has been used for building and zoning purposes as the west line of the Ocean Boulevard, and WHEREAS, the City of Delray Beach now desires to proceed with certain street repairs and new street a~d sidewalk construction on the Ocean Boulevard and desires to definitely establish the location of the west right-of-way line of such Ocean Boulevard before such construction is commenced. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, as follows: SECTION 1. That the City of Delray Beach hereby accepts and designates the above described line known as the Brockway Survey Line as shown on that certain plat on' file in Plat Book 20 at page & of the Public Records cf Palm Beach County, Florida, as being the west right-of-way line of the Ocean Road or Ocean Boulevard as shown on the plat of the fractional' East half of Section 16, To~wnship &6 South, Range &3 East, recorded in Plat Book l, at page 25 of the Public Records of Palm Beach County, Florida, insofar as the same affects bhe property hereinafter des- cribed. SECTION 2. ~at the City of Delray Beach hereby abandons and vacates all of that portion of the Ocean Road or Ocean Boulevard as per plat recorded in Plat Book i at page 25 of the public records of Palm Beach County, Florida, located in the hereinafter described property and lying west of the Brockway Survey Line as shown in the plat thereof recorded in Plat Book 20 at page & of the public records of Palm Beach County, Florida. SECTION 3. ~at in consideration of the relinquishment of the adjacent property owner of all claims to any of the hereinafter described property located East of the Brockway Survey Line as above described, the City of Delray Beach will make no special assessments for benefit~ against said adjacent property for the proposed repair, improvement and construction work to be done during the years 19~7 and 19&8. ~ ", %¢agner SECTION ~. This Resolution shall become effective upon the' proper acceptance thereof by the owner of 'the hereinafter described property, which acceptance shall be signified by the execution of the attached consent and re- lease. SECTION 5. The property affected by this Resolution is: South one-half of Lot 1~ and t.e North 15.5 feet of Lot 15, Ocean Beach Lots "North", in Fractional Section 16. To~nship ~6 South, Range 23 East, Delray Beach, Palm Beach County, Florida. -resident, City CouncJ App'~.ov ~d: Mayor. For ~d in consideration of the abandornnent by the City of Delray Beach of that property described in Section 2 of the foregoing Resolution and in .further consideration of the agreement of t~ City of Delray Beach to make no special assessments for benefits against the above descrLbed property for street improve- ment ~rk on the Oce~ Boulevard durin$ the 19~7-1928 construction progr~, the ~dersigned om~ers hereby accept the ~oovs Resolution ~d hereby r¢~¢ise, release ~d quit-claim to th'e City of Delrcy Eeach~ Florida, for use as a public street and sidewalk al! of that portion of the ~oove described property as set out Section 5 of this Resolution,'~,~ich nay be located east of the Broc~ay Survey Line as sho~m in Plat Book 20~ page 2 of the public records of Pa~n Beach County, Flor~ a. STATE OF. ~_~.~_ C~__~_. ~O _.I H~EBY CERTIFY that, on this day before me personally aopeared ~ ~, ~ i~ ~~~ ............ t° mc kno~ to b~ the ~ersons described in and who/executed the foregoing instr~ent and they acknowledged before me 'that they executed the s~e. ~ES%~y hm]d and ~icial seal ab ~~ ~ ~ ~ on ~ ..... ~ ~ . ~o,~,.. ~ ,.,. ~. Njtary PUbliC/ ........ ~' N~ co. salon e~ires: ~