Res 388 RESOLUTION N0. ~
A RESOLUTION OF THE CITY COUNCIL OF T~ CITY OF DELI~AY B}LACH,
FLORIDA, ESTABLISHING A LINE TO SERVE IN THE PLACE OF THE
¥~E~T BOUNDARY ~,INE uF T~L~ UCEAN ~0L~EVA~ IN F~CT~OI{AL SECTION
16 0F T0,~SH~ 46 SOUTH 0F ~NGE 43 .~[~ST, FOR ~[E PUt~0SE 0F
REGU~TIi~G ~HE BUILDING 0F SIDE~'~A~S, STREETS AND BUIDIN~
AI~'D AUTHORI~ING T~ i~KING .~'~D ~EC0f~iNG 0F A P~T SH0~NG
SAID LIh~.
~fHER~%S, there has been for nmny years some uncertainty
as to the true location of the west rmgnt-of-way line of the
Ocean Boule~mrd throu~ Fraction~ Section 16 of To.ship 46
South of Range 43 East, and
~AS, the City Council of the City of Delray Beach,
Florida, has instructed a co~upetent surveyor, registered under
the laws $f the State of Florida, to re-locate and re-estaOlish
the west right-oz'-way l~ne o~' the said Ocean Boulevard, and
'~AS, the said Registered Surveyor, after diligent
search o~' the public records and of existing survey taCh.dents,
reports that from the data and ~nz'o~natZon avazla01e, it is
impossioie to accurately and dez'inztely re-Locate, in its
original location, the said west right-of-way line of the said
Ocean Boulevard in said Fractional Section 16,
NOW, T~REFORE, BE IT ~S0~D BY the City Council of the
City of Delray Beach, Florida, that for the purpose oi' z'aczlztating
and regulating sidewalk, street and building construction, and
for no other purpose whatsoever, the said surveyor is instracted
to estaolksh a line to serve in place oi' tad said west right-of-
way line of the Ocean. Boulevard, and to mon~ent the line, and
file a plat of said survey in the Public Records of Palm Beach
County, Florida, and
BE IT FURT~R RESOLV~ That in the establis~nent of said
line due regard shall be taken of existing i~.~provements, so as
to work no u~ecessary hardship on aouttZng property owners, and
BE IT ~ER I~SOLV~ that when such survey has been
made and such line has been mon~ented and such plat has been
prepared and flied in the public recorGs oi' Palm Beach County,
tile line so estaollsned shall serve in place of the west right-
of-way line of the said Ocean Boulevard for purpose of reg-
ulating the bulAding oi' sidewalks, street, and buildings, and
BE IT ~URT~R KEoO~VED that such newly established west
right-oi'-way line of said Ocean Boulevard s~a±l have no 1~orce or
efl'ect on the location of any property line within the said
Fractional Section 16, shall in no way be considered as a change
of, or an atsen~pt to change, the west line of that part of
Fractional Sectzon 16, Tow~.s~p 4~ South oi' ~ange 4~ East which
is designated as "Ocean Road" on that plat reaoraed in Plat Book 1
,
Page E5 o~' the Public recoras oi' Palm Beach County, Florida, and
shall not be considered in any n~nner as an abanaon~.~ent by the
City o~f ~elray Oeacn, ~'lor'~aa, ox~ any property now owned by
said City either in fee sz~ple or head by them under any
dedication for the use oi' the public, which may be loca%ea west
of said line.
PAS~ED 1N REUU~R SESSION on this the ETth day of January,
A. D. 1941.
Attest: Approved:
--'dit¥ ~lerk ~ t .~ayor