12-05-47SpMtg DECEMBER 5TH, 1947
A Special Meeting of the City Council of the City of Delray B~ach was held in
the Council Chambers at 7.'30 P.M. to pass Resolutions in connection~with the recon-
struction of the Ocean Boulevard, and for any other necessary business, with Mayc~
M, M. DeWitt in the Chair, and City Manager H. P. Edmond, City Attorney J. W. Nowlin
and the following Councilmen present; B. C. Butler, F. B. McNeece, J. B. Smith, and
C. J. White, a quorum being present.
The following Resolutions were then introduced, and same were read in full:
"CITY OF DELRAY BEACH, FLORIDA
RESOLUTION NO... 640
A RESOIJJTION OF TIlE CITY COUNCIL OF THE CITY OF DEIRAY 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 IMPRINTS.
WHEREAS, for m,~y years there has been considerable uncertainty as to the e~act
location of the west right-of-way line of the Ocean Road, also known as the Ocean Boule -
yard, in the fract.ional 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 Bgach
County, Florida, and
WHEREAS, a line to serve in the place of the west boundarF line of the Ocean
Boulevard in Fractional Section 16, Township 46 South, Range 43 East and c~m~only
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, which line has been used for building and zoning purposes ~s 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 Oceam
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 4 of the Public Records of Palm Beach County, ~'lorida,
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 1, at p~ge 25 of the Public Records of Palm Beach County,
Florida, insofar as the same affects the property hereinafter described.
SECTION 2. That the City of Delray Beach hereby abandons and vacates all
of that porition of the Ocean Road or Ocean Boulevard as per plat recorded in Plat
Book 1 at page 25 of the public records of Palm Beach County, Florida, located in
the hereinafter described property and lying west of the Brockway Survey Line as
shown in the plat thereof recorded in Plat Book 20 at page 4 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 l~cated
DECEMBER 5TH, 1947
East of the Brockway Surv~ Line as above described, the City of Delray Beach will
make mo .special assessments for benefits against said adjacemt property for the
proposed repair, improvement and construction work to be done durin~ the years 1947
and 1948.
SECTION 4. This Resolution shall become 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 release.
SECTION 5. The property affected by this Resolution is:
Lots 2 and 3, Block 1, Ocean Park, in Fractional Section 16, Tomlship 46
South, Range 43 East, Delray Beach, Palm Beach County, Florida.
PASSED in Regular Session on this the ~ day of December, 1947.
(Si~ned) M,...M.....DeWitt
President, City Council
SEAL
ATTEST: Approved:
~(Si~e~) Ruth R. Smith (Si~ed) ~. M, DeW¥~
City Clerk Mayor
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 considera-
tion of the agreement of the City of Delray Beach to make no special assessments for
benefits against the above described property for street improvement work on the
Ocean Boulevard during the 1947-1948 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 Reso-
lution which may be located east of the BrockwaZ Survey Line as shown in Plat Book
20, page 4 of the public records of Palm Beach V.oun~y, Florida.
(Si~ned) Dorothy R. Br~an% ~Si~ned) Edith G, Slane (SEAL)
(Si ned) W. Harvel ._ (SEAL)
STATE ~F FLCRIDA
COUNTY OF P~ BEACH _
I HEREBY CERTIFY that on this day before me personally appeared ~ EDITH
.G., SLANE ~ to me known to be the persons described in and who executed
the foregoing instrument and they acknowledged before me that they executed the same.
WITNESS my hand and official seal at De~ra.~ Beach on this the
day of December, 194.__7__.
(Si~ned) Wilmina Harvel
Notary l~blic
MY commission expires:
Notary Public, State of Florida at Large,
seal My co,mission expires January 19,1948
Bonded by American Surely Co. of N.Y. "
DECEMBER 5TH, 1947
A motion was made by Councilm-~ Butler, seconded by Councilman Smith, that
the foregoing Resolution No. 640 be passed and adopted as read, and upon call of
roll the motion carried unanimously.
(See ResolutiemNo. 640 through Section4.)
"SECTION 5. The property affectedby this Resolution is:
Lets 6 and 7, Block 1, Ocean Park, in Fractional Sectioml6, Township46
South, Range 43 East, Delray Beach, Palm Beach County, Florida.
PASSED in Regular Session on this the ~ day of December , 1947.
(SiKned) M, M, DeWitt
President, City Council
ATTEST:
SEAL Approved:
(Si~ned) Ruth R, Smith ISigmed) iM. ~ Dewitt
City Clerk Mayor
For and in considerati~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 as-
sessments for benefits against the above described property for street improvement
work on the Ocean Boulevard during the 1947-1948 construction program, the dm~erd-
si~ned 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 Boo~ 20, page 4 of the public records of Palm Beach County, Florida.
WITNESSES:
(Mt_m,,8% M. p_ wall. (Signed) John NelsonKablerJ~AL)
(Signed) C. W. Brown. Jr. .._ (Signed) Joan w. Kabler (SEAL)
STATE ~F FLORIDA
COUNTY OF PALM BEAC~
I HEREBY CERTIFY that on this day before perso~allyappeared John Nels~
Kabler,. Jr, & Joan W, Kab~er to me known to be the persons described in and who
executed the foregoing instrument and they acknowledged before me that they executed
the same.
WITNESS my hand and offical seal at ~elray Beachon this the 4thday of DeeembeF
194 7, (Sigaed) Morri~ P, Wells
Notary Public, State of Florida at Large
SEAL MY commission Expires Oct. 4, 1950
Bonded by American Fire & Casualty Co."
DECEMBER 5TH, 1947
Council then adjourned to the next regular meeting to be held at 7:30 P.M. o~
Tuesday, December 9th, 1947.
APPROIrI~: