Res 466 RESOLUTI0~T ABANDONING Ai~D VACATING
~~ ACROSS I~OTS 10, 11, 24 and
25, BLOCK 156, ............. ~
DELFm~Y ~.ACH, ~0RIDA.
~"~-~P~!~ there aopears of record in Plat Book ~ at page
~1, Palm Beach County public records, a plat or map designated
as Seabreeze ~ark, Block 156, Delray Beach, Palm Beach County,
Florida; said plat subdivides Block 156 into lots and dedicates
a portion thereof for street and avenue purposes; and
~P~a~ there a!?oears on said recorded plat of Seabreeze
Perk, an inscription across the ~Iorth 5 feet of Lot 25, the South
5 feet of Lot 2~, the Yorth 5 feet of Lot 10 and the South 5 feet
of Lot lI, the figures, and words "5' easement", to?ethers, with
broken lines indicsting the limits of said easements, however,
the "Dedicstion" appended to said plat does not dedicate said
easer~ents to the use and benefit of the public otl:er than by
implication; and
b~!XiLEAS, the original dedicators have by prooer written
owners
instrument released, abandoned and conveyed unto the present .. ,
of said lots, across which said easements run, all of their .ri~;ht,
title and interest in and to said easements, and to their rights
of reversion or reversions in and to said easements; and
¥~Rv.'~n said easements are of no benefit to the City of
Delray Beach or to the public, in that said easements are in the
center of the block and make no connection whatsoever with any
city sewers, drains, or water lines or connections, and are not
used for any public utility purposes at this ti~e, and there is
very little likelihood that said easements will ever be used for
municipal or public utility purposes; and
--,m~n-~,~,~.~.~,~, said easements do tend to cloud the title to the
lots across which they traverse, and the title to said lots are
not considered marketable by reputable title companies and title
examinin,F attorneys, thereby retarding the development of said
II '
lots. The present owners of said lots have requested that said
easements be abandoned and forever vacated and discontinued.
mw~~E BE IT RE~OLVED BY T~
C=.UY_ COUNCIL OF
~ C~TY 0F D::~LRAY ~.AC~', FLORIDA:
1st. Thst the four 5 foot easements hereinabove describe~,
as shown on the recorded plat of Seabreeze Park, Block 156,
Delray Beach, Florida, as the same appears of record in ?lat Book
~, at page 31, Palm Beach County public records, said easements
bein~ more specifically descri0ed, lying and being across the
following described property and lots, to-wit:
A five foot easement alon? and across the North 5
feet of Lot 25, and along end across the South 5
feet of Lot 2~, according to a plat of the subdi~,
sion of Block 156, known as Seabreeze Psrk, recor-
ded in Plat Book ~ at page 31, ~alm Beach County
public records, LESS the East six feet thereof; and
A five foot easement along and across the North
feet of Lot 10, and along and across the South 5
feet of Lot 11, according to a plat of the subdi-
vision of Block 156, kno~ as Seabreeze Park, recor-
ded in Plat Book ~ at pa~e 31, ~alm Beach County
public records, LESS the Lest six feet thereof;
be and the same are hereby forever vacated, closed and discontinue
insofar as the City of Delray Beach is concerned, and the same
shall not be used in the future for any municipal purposes wbat-
so6v~r.
2nd. That by the adoption of this Resolution, the City
of Delray Beach does not relinquish any of its rights to use,
nor does it vacate, close or abandon its rights to use for public
utility purposes, or municipal purposes, all other streets,
avenues or easements shown on said plat of Seabreeze Park, Block
156, Delray Beach, Florida.
THY'? R~u ~ ~LUT_ . J~ ~:~ ~ .~:u.O by
.... ~ y "~sach, ...... in re~,..~l~.:r rare ~ th~ the
Pr~si~eH~ uh:~ City Counc[!
C. Y. BYRD
ATTORNEY-AT-LAW
ARCADE BUILDING
DELRAY BEACH. FLA,
March 9, 19~3.
The Honorable Mayor and Members
of the City Council,
Delray Beach, Florida.
Gentlemen:
As attorney for David A. Shirk and Florence
H. Shirk, his wife, the now owners of the record
title to Lots 2~ and 25, Block 156, Seabreeze Park,
Delray Beach, Florida, and Zook Palm Nurseries, Inc.,
the now owner of Lots l0 and ll, Block 156, Seabreeze
Park, Delray Beach, Florida, I hereby request and
petition your Honorable Body to pass and adopt a cer-
'tatn resolution which was presented to your Honorable
Body for adoption on March 8, 19&3, whereby said five
foot easements were to be abandoned, vacated and dis-
continued.
I prepared said resolution and the property
owners respectfully petition and request its passage
and adoption so that the real estate affected by said
easements can be developed.
Your immediate attention to this matter will
be appreciated.
Very truly your s,
Shirk~and FlOrence H.
Shirk, his wife, and
Zook Palm Nurseries, Inc.
CYB :H