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Res 657 CITY OF DELRAY BEACH, FLORIDA 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 WEST THEREOF AND PROVIDING FOR THE CONSTRUCTION OF CERTAIN STREET IMP~0~TS. 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 46 South, Range 43 East, as per plat'thereof filed in Plat Book 1, page 25 of the public records of Palm Beach County, Florida, and WHEREAS, a line to ser-~e in the plao~ oft. he west boundary line of the Ocean Boulevard in Fractional Section 16, Township&~J South, Range 43 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 4 of the public records of Palm Beach County, Florida, ~ich 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 and 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 Broclcway Survey Line as shown on that certain plat on-file in Plat Book 20 at page 4 of the Public Records of 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, Township 46 South, R~ge 43 East, recorded in Plat Book l, at page 25 of the Public Records of Palm Beach County, Florida, insofar as the same affects the property hereinafter des- crib~d. SECTION 2. That 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 2!at Book 1 at page 25 of the public records of Palm Beach County, Florida, l~ated in the hereinafter described property and lying west of the Brockway $~-~v~,y Line as shown in the plat the~eof recorded in Plat Book 20 at page 4 of the public records of Palm Beach County, Florida. SECTION 3. That in consideration of the relinquishment of the adjacent property o~aer of all claims to any of the hereinafter described property located E~t ~,f the Brockway Survey Line as above described, the City of Delray Beach ~il] ~,ko no soeciat assessments for benefits against said adjacent property for th~.~ p..~o~'so, d repair, improvement and construction work to be done during the years Wm. ~bbins 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 tt~s Resolution is: North 100 feet of Beach Lot 32, less the west 125 feet, in Fractional Section 16, To~ship 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida. PASSED in Regular Sessi6n on this the_ ~ day of ~ , 1947. cit~ Clerk For and in consideration of the abandonment 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 the City of Delray Beach to make no special assessments for benefits against the above described property for street improve- ment work on the Ocean Boulevard d~ring the 1947-19A8 construction program, the undersigned owners hereby accept the above Resolution and hereby remise, release and quit-claim to the City of Delray Beach, Florida, for use as a public street and sidewalk all of that portion of the above described property as set out in Section 5 of this Resolution, ' which may be located east of the Brockway Survey Line as shown in Plat Book 20, page A of the public records of Palm Beach County, Florida. ~F~Y CERtifY ~that on~h~i~s] day before me personally appeared ~. ~~~ h! ~~ to me known to be the persons d~:~te~ in ~ad who e~ecuted the foregoing instrument and they acknowledged ~ ..... ,~ ~,.~ they executed the same. "',T~SS my hand an~offici~ seal at ~.~~~ Notary Publi~ ¥~ commission expire