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~.