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Res 647 CITY OF DELRAY BEACH, FLORIDA RESOLUTION NO. A RESOLUTION OF THE CITY COL~tL OF THE CITY OF DV~LRAY BEACH, FLORIDA, LOCATING THE WEST RIGHT OF WAY LINE OF THE OCEAN BOULEV~aPJ], ABANDONING ANY PORTION OF THE OCEAN BOULEVARD LYING WEST THEREOF ~D PROVIDING FOR THE CONSTRUCTION OF CERTAIN STREET IMPROVEMENTS. 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, To,reship &6 South, Range ~3 East, as per plat' thereof filed in Plat Book l, '~age 25 of the public records of Palm Beach County, Florida, and WHEREAS, a line to serve in the plac~ 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 and sidewslk con~t~ction on the Ocean Boulevard ~mud desires to definitely establish the location of the wost right-of-way line of such Ocean Boulevard before such construction is commenced.. NOW, THEREFORE, BE IT RESOLqED 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 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 ~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 the property hereinafter des- cribed. SECTION 2. That the City of Delray Beach hereby aband, ons and vacates all of that portion of the Ocesn 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 Brock~ay Survey Line as above described, the City of Delray Beach will make no special asses~w~ents for benefits against said adjacent property for the proposed repair, improvement and construction work to be done during the years 19&7 and 19&8o ~ '- Deshler SECTION 4. This Resolution shall become effective upon the-proper acceptance thereof by the o~mer 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: Ocean Beach Lots "~orth": The south 70.5 feet of Oce~ Beach Lot 3, less 'bNa east 225 feet of the west 3~O 'feet, in Er~ctional Section l_~,, Township !~6 South, ?:~nge 43 East, De!ray B~,~ch, l-'~lm ~?ch Co~mty, ElO~a. PASSED in Regular Session on th.is the W~'3 day ~~/~., 19~7. CityATTEST' .~ , Clerk'g~'~ M~yor. For ~d in consideration of tho abandor~ent by the City of Delray Beach of that property described ~n Section 2 of the foregoing Resolution and in further consideration of the agreement of t~o City of Delray Beach to make no special assessments for benefits against the above described property for street improve- ment ~ork on the Ocean Boulevard d~ming the 19&?-].948 construction progr~, the ~dersigned o~ers hereby accept the above Resolution and hereby r~ise, release ~d quit-claim to the City of Delray Eeach, Florida, for use as a public street and sidewalk all of that portion of the aoove described property as set out in Section 5 of this Resolution,~ich nay be located east of th8 Broc~ay Survey Line as sho~ in Plat Book 20, page 4 of the public records of Palm Beach County, Flo rid a. _ STATE OF ~ COL,~TY OF I H~BY CERTiFy t~at on '~his day before me personally appeared ~~ ......... to mc known to bo the persons d~ribed in and who executed the foregoing inStrmment and they acknowledged b~ore me that they executed~ the I~TNESS~y hand and official se~ at--on this the ~~day of ..... ~,__., 19~. Notary Public ' ~ co~ssion e~ires: Nofory Publ;c, ~fato ot ~or;~a ~f L~rq~, F.4V cer~mi~s~on e,,;:;res January 19, 1948 ~onded by t~:~r~:a,~ Sure+y C~. o~ N. Y.