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Res 655 CITY OF DEI2~Y 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 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, Township 46 South, Range 43 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 42 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, ~E IT RESOLVED by the City Council of the City of Delray Beach, as fellews: SECTISN 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 46 South, Range 43 East, recorded in Plat Book l, at page 25 of the Public Records of. Palm Beach County, Florida, ~usofar 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 i at page 25 of the public records of PaLm Beach County, Florida, !o~ated in the hereinafter described property and lying west of the Brockway Su~"~'~.2~ Line as shown in the plat the~-eof recorded in Plat Book 20 at page 4 of the pu?.iic 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 ef Delray Beach will ~ke no special assessments for benefits against sai~ adjacent preperty for th.., -~.~oi~0~s~d repair, improvement and construction ~rk te be dene during the years 19L? ~n.1 19/~8. SECTION 4. This Resolut~.o~ shall b~come 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 tkis' Resolution is: All of Beach Lot 29 in Fractional Section 16, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida. ?ASSED in Regular Session on this the ~.c~ dayof ~-, 19A7. resident, City Council. ~afor. 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 1947-19~8 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, ~v~uich zany be located east of the Brockway Survey Line as shown in Plat Book 20, page 4 of the public records of Palm Beach County, ~ITNESSES: ' "'~' ' before me personally appeare~.~ to to b'i.~f~,' ~.; .h~ they exec~d the s~me. . instrumentm° and they acknowledgedPers°ns ;~TNESS my hand an~ offici~ seal at .~ __ on this the _ ] / day of_~a~a~~, l~_~. ' ...... ~otao Publ±c }f7 come,sion oxpir~: 'W. H; MOLME$, Notary Public ~¥ COMMISSION EXPIRES MAR. 11, 194~.