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Res 641 CITY OF DELRAY BEACH, FLORIDA RESOLUTION NO. 6~1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, LOCATING THE WEST RIGHT OF WAY LINE OF THE OCEAN BOULEVARD, AB~YNDONING ANY PORTION OF THE OCEAN BOULEVARD LYING %~fEST THEREOF AND PRDVIDING FOR THE CONSTRUCTION OF CERTAIN STREET tY~ RD VE~ T S . 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 SoUthi Range &3 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 serve in the place of the west boundary line of the Ocean Boulevard in Fractional Section 16, Township ~ South, Range ~3 East and con~nonly 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 and sidewalk constr~ction 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 S~rvey Line as shown on that certain plat on' file in Plat Book 20 at page ~ 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 piat of the fractional- East hail of Section 16, Township &6 South, Range &3 East, recorded in Plat Book l, at pgg~ 25 of the Public Records of Palm Beach CountY, Florida~ insofar as the same affects the property hereinafter des- cribed. 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 Plat Book 1 at page. 25 of the public records of Palm Beach Count~, 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. That in consideration of the relinquishment of the adjacent property owner of all claims to ~ny 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 benefits against said adjacent property for the proposed repair, improvement and construction work to be done during the years 19&7 and 19&8. John N. Ksbler, Jr .... SECTION 4. 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: Lots 6 and 7, Block 1~ Ocean Park, in Fractional Section 16, To~,mship 46 South, P~nge 43 East, D elray Beach, [~m Beach County, Florida. ATTEST,,,. ,. :~ , ~v~~/~:~/res~dent' C~ty Co~l. __~ City Clerk Mayor. 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 during the 19&.7-1948 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,'~.~ich may be located east of the Brockway Survey Line as sho~m in Plat Book 20, page 4 of the public records of PaLm Beach County, Florida. WITNESSES: STATE OF /~-/- o t~ )~ CO TY g I H~[EBY CERTIFY that on this day before me person~ly appeared ~~z ~Z~ ~ ~.~ ~~m~o me kno~ to be the persons described in and who executed the foregoing instr~ent and they acknowledged before me that they executed the s~e. ~E~ my h~d and o~ficial seal at. ~~ ~ on this the ~ . ~_ day of ~~., 1~. ~ Nota~ Public ~ Yg c~ssion e~ires: Notaw Public, ~tate of Y*lorida at Large My Commission Expires Oct 4, 1950 Bonded Dy American ~ire & Casua%tY