Res 67-82 RESOLUTION NO. 67-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF S.W
25TH AVENUE (ACTUALLY N W 25TH AVENUE), S.W. 26TH AVENUE
(ACTUALLY N.W. 26TH AVENUE), S.W. 1ST STREET (ACTUALLY
N.~ lST STREET), AND S.W 2ND STREET (ACTUALLY N.W. 2ND
STREET), AS WELL AS CERTAIN EASEMENTS, ALL AS DESIGNATED
ON A PORTION OF THE PLAT OF REPLAT OF PART BREEZY RIDGE
ESTATES, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, ACCORD-
ING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24 AT PAGE
116 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
PROVIDING FOR CERTAIN CONDITIONS TO ~ICH SAID VACATING
AND ABANDONMENT IS SUBJECT.
WHEREAS, Milton Weisenberg and Bernice Weisenberg, his wife as
Trustees under the Milton Weisenberg Revocable Trust Agreement dated July
25, 1979, are the fee-simple owners of Lots 1 through 14, 21, 26 through
34, 36 through 42 and 51 through 74, inclusive, less road right-of-way of
Lots 26 through 29 inclusive, Breezy Ridge Estates, Delray Beach Palm
Beach County, Florida, according to the Plat thereof recorded in Plat Book
24 at Page 116 of the Public Records of Palm Beach County, Florida; and~
W~EREAS, Bernard Zeldin, as Building Chairman for Temple Sinai of
Palm Beach County Inc. agent for the aforesaid fee simple owner(s), has
made application for abandonment of a portion of S.W. 25th Avenue
(actually N W 25th Avenue), S.W. 26th Avenue (actually N.W 26th Avenue),
S.W. 1st Street (actually N.W. 1st Street) and S.W. 2nd Street (actually
N.W 2nd Street), as well as certain easements, all as designated on a
portion of the plat of Replat of part, Breezy Ridge Estates, Delray Beach,
Palm Beach County, Florida, according to the plat thereof recorded in Plat
Book 24 at Page 116 of the Public Records of Palm Beach County, Florida;
and,
WHEREAS, the City Council of the City of Delray Beach Florida.
deems it to be in the best interests of the City of Delray Beach to vacate
and abandon said portions of streets and easements,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 166 of the Florida Stat-
utes, it is hereby determined to vacate and abandon the following de-
scribed real property~
A portion of Replat of Part, Breezy Ridge Estates, Delray
Beach, Palm Beach County, Florida, according to the plat
thereof recorded in Plat Book 24 at page 116 of the
public records of Palm Beach County, Florida, described
as follows:
Begin at the Northwest corner of Lot 1 of the said plat
of Breezy Ridge Estates; thence N.89°12'30"W., along the
Westerly prolongation of the North line of said Lot 1.
50.0 feet to the West line of S.W. 26th Avenue; thence
South. along said West line, 691.92 feet to the south
line of S.W. 2nd Street; thence East, along said South
line, 230 0 feet to a point of curvature of a curve
concave Southwesterly with a radius of 40 feet and a
central angle of 90°; thence Southeasterly along the arc
of said curve, 62.83 feet; thence South 9.64 feet to a
point of curvature of a curve concave Northeasterly with
a radius of 90 feet and a central angle of 96°01', thence
Southeasterly along the arc of said curve 150.82 feet;
thence N~83°59'E 66 17 feet; thence N.6°01'W 50.0 feet
to the Southeast corner of Lot 62 of the said plat of
Breezy Ridge Estates thence S 83~59'W. along the South
line of said Lot 62, 66.17 feet to a point of curvature
of a curve concave Northeasterly with a radius of 40 feet
and a central angle of 96~01'; thence Northwesterly,~
along the arc of said curve~. 67.03 feet; thence North,
along the East line of S.W. 25th Avenue, 540.78 feet to a
point of curvature of a curve concave Southeasterly with
a radius of 40 feet and a central angle of 90°; thence
Northeasterly~ along the arc of said curve, 62.83 feet;
thence East, along the South line of S.W. 1st Street,
60.0 feet; thence North 50.0 feet to the Southeast corner
of Lot .4 and the North line of S.W. 1st Street; thence
West along the North line of S.W~ 1st Street, 330.00
feet to a point of curvature of a curve concave North-
easterly with a radius of 40 feet and a central angle of
90~; thence Northwesterly, along the arc of said curve,
62.83 feet; thence North, along the West line of said Lot
1, 70.09 feet to the said Point of Beginning, Less and
excepting therefrom Lots 63 through 74~ inclusive, as
shown on said plat of Breezy Ridge Estates.
All that portion of the Plat of Replat of Part, Breezy
Ridge Estates, Delray Beach, Palm Beach County, Florida,
according to the plat thereof recorded in Plat Book 24 at
page 116 of the Public Records of Palm Beach County:
Florida; described as follows:
The North 6 feet of Lots 26, 27, 28 and 29; the South 6
feet of Lots 32 33 and 34; the West 6 feet of Lots 30
and 31; the West 6 feet of Lots 63, 64, 65, 66, 67 and
68; the East 6 feet of Lots 69 70 71, 72, 73 and 74;
the East 5 feet of Lot 9; the West 5 feet of Lot 10; the
South 6 feet of Lot 56; the South 6 feet of Lot 55, less
the Easterly 6 feet thereof; the North 6 feet of Lot 57,
less the Easterly 6 feet thereof.
Section 2, That the abandonment of the above described real
property in Section 1 is expressly subject to the following conditions as
a prerequisite to its effectiveness-
(a) Provide an easement for all cable TV lines currently
existing within the area to be abandoned.
(b) Provide all necessary easements for future water and~
sewer lines as required by the City of Delray Beach
Utilities Department.
(c) The owner shall dedicate a 60' r/w for the extension
of N.W. 23rd Avenue (designated S.W. 23rd Avenue on
the recorded Plat) to the L-33 Canal.
(d) The owner, at its own expense, shall dedicate and
construct a cul-de-sac at the west end of N. Wo 1st
Street (designated S.W. 1st Street on the plat of
the sub3ect property), without any expense to the
City
(e) The owner shall deed by General ~arrenty Deed to the
City of Delray Beach a portion of property for a
future cul-de-sac at the west end of N W. 2nd Street
(designated S.W. 2nd Street on the plat of the
sub ect property); provided, however, that the City
of Delray Beach shall reconvey this property to the
owner if the subject property is replatted,
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(f) Th~ owner shall provide a 12' utility easement for
existing power lines; and provided further that if
any of the facilities owned by FP & L must be re-
located as a result of the development of this
property by the owner, then the owner shall pay the
cost of the relocation and provide any additional
easements which may be necessary~
(g) The owner shall provide a 6' utility easement along
the west property line of lots 30, 31 and 32 for
existing buried telephone cable; and provided fur-
ther that the owner shall pay the cos ts of re-
locating such cable if necessary as a result of the
development of the subject property, and to provide
any additional easements which may be necessary
(h) That the owner leave the present tree barrier on the
west side of the subject property in its current
location or, in the alternative should the tree
barrier be removed, that the owner shall, at their
sole expense erect and maintain a barrier fence on
this westerly side of the subject property, subject
to the required City approvals.
PASSED AND ADOPTED in regular session on this the 27th day
of July , 1982.
ATTEST:
-- ~ City Clerk
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