Res 652 CITY OF DELRAY BEACH, FLORIDA
RESOLUTION NO. 652
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 %~ST THEreOF AND PROVIDING FOR THE CONSTRUCTION OF CERTAIN STREET
IMPROVEMENTS.
WHEREAS, for many years there has been considerable-uncert~ainty 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 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 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 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 abandons and vacates
all of that portion of the Oceen 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
Surv~y 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 any of the hereinafter described property located
East of the Brockway Survey Line as above described, the City of Delray Beach
~ii~ ~k~ no special assessments for benefits against said adjacent property for
th~.~, p~cs~d repair, improvement and construction work to be done during the years
~!~i~ au,i 19~8.
]:ildrcth T~'~as t
SECTION ~. This Resolution shall become effective upon the-proper
acceptance thereof by the owner o£ 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 tkis Resolution is:
S?;~th lOO fo,~t of the Eo~;t 210 feet of B~ach Lot 28 in ~r~ctional
$~ctio~ I~ "..'~?',s! :~'_~ ~6 So~!th, !t~i~e !~3 East, De!ray ~e~ch, ~alm ~e~ch County,
Florida.
'?"~ ~-~President, City Coun' .
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&7-19~8 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 ~ of the public records of Palm Beach County,
Florid. a.
WITNESSES:_/~ /) / THE HiLDR£TH TRUST
Under Agreement and Oeclaratton of
Trust dated November 1, 1929
q01~555 O~ , P~]m
i FEREBY CERTIFY that on this day before me personally appeared
,_Tj'Bs_~e.~._of THE HILDRETH TRUST to me known to be the persons
d~¥~:~te~, in m~.d who executed the foregoing instrument and they acknowledged
b:.foz.~ ~; ~het they executed the s~me.
my hand and ' '~ i at
'i.E TN~ seal ~ on
this +.be_~ ~ dayof.