Res 67-95 RESOLUTION NO. 67-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
THE CITY CLERK TO CERTIFY A SURVEY OF A PORTION OF
N.W. 7TH STREET, RECITING THE FACT THAT RIGHT TITLE
EASEMENT AND APPURTENANCES IN AND TO SUCH ROAD HAVE
VESTED IN THE CITY OF DELRAY BEACH, FLORIDA;
DIRECTING THE CITY CLERK TO FILE SUCH A SURVEY IN
THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF
PALM BEACH COUNTY.
WHEREAS, the City of Delray Beach, Florida, has constructed
N.W. 7th Street extending from Swinton Avenue west to Northwest 1st
Avenue; and
WHEREAS, such road is known as N.W. 7th Street and has been
maintained by the City in accordance with the City's standards and
practices for monitoring and maintaining its roads; and
WHEREAS, the road has been in existence, monitored, maintained
and used continuously and uninterruptedly as a City road for a
period well in excess of four years; and
WHEREAS, Florida Statute 95.361 provides that such roads shall
be deemed to be dedicated to the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Mayor and City Clerk are hereby
authorized to file a survey of N.W. 7th Street from Swinton Avenue
to Northwest 1st Avenue, reciting that such road has been maintained
in accordance with City standard procedures for maintaining City
roads, continuously and uninterruptedly for a period of at least
four years.
Section 2. That the City Clerk is hereby directed to
record the survey of N.W. 7th Street with a recitation stated above
and certified by the Mayor and City Clerk.
PASSED AND ADOPTED in regular session on this 19th day of
September, 1995. ~
ATTEST
Ci%y Cfer~ - '
Return to: (enclose self-addressed stamped envelope)
Name
Address:
mt m miNt mit · mira mtmmm mtm
Property Appraisers Parcel Identification (Folio) Number(s):
CITY OF I:IELRnY BENCH
CITY CLERK ~ooN.~.~s,,,vEN~ · ~,,~¥.E^~,~,o~.o^~,,,,, · ,,o~,~,,~-~ooo
1993 C E RTI F I CAT I ON
I, THOMAS E. LYNCH, Mayor of the City of Delray Beach,
Florida, do hereby certify that the attached document is a true
and correct copy of Resolution No. 67-95, as the same was passed
and adopted in regular session by the Delray Beach City
Commission on September 19, 1995, together with a right-of-way
survey for a portion of N.W. 7th Street. The portion of N.W. 7th
Street between Swinton Avenue and Northwest 1st Avenue is hereby
declared to have vested in the City of Delray Beach, Florida, in
accordance with Florida Statutes Section 95.316(1).
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
20th day of September, 1995.
Certified by:
CITY OF DELRAY BEACH, FLORIDA
THE EFFORT ALWAYS ~ATTERS
Printecl on ~qecycled Paper
Return to: (enclose self-addressed stamped envelope)
Name
Address:
Property Appraisers Parcel Identification (Folio) Number(s):
Bg:
Attached is the certification and right-of-waY survey for a
portion of N.W. 7th Street (Res. #67-95 approved on consent
9/19/95)
The Mayor should sign the certification in the original.
Then everything should go to Celeste for recording. When it
comes back, I get the original recorded document for the
resolution file. A copy of the recorded document and backup
should be sent to the City Attorney (Tolces), Streets (Scott
Solomon), and Engineering (Dan Beatty) for their records.
Thanks.
ATTO REY S GFF[ : .... "
DELRAY BEACH
Ali.America City MEMO~~
~? DATE: November 21, 1995
1993
TO: Da~i~ T. Harde~, Ci~ Manager
FROM: David N. Tolces, Assistant City A~orn~
SUBJECT: N.W, 7th Street Right-of-Way
The attached dedication of the N.W. 7th Street right-of-way from Swinton to N.W. 1st
Avenue was recorded in 1924. Apparently, a Mr. and Mrs. Thurber dedicated the street
to the public with a right of reverter in the event the street is abandoned. I will maintain
a copy of this deed in my file.
Please call if you have any questions.
DNT:smk
Attachment
cc: Scott Solomon, Superintendent of Streets
Sandy Roberts, Office Computer Specialist
nw7th5.dnt
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£1TY I)F I)ELRAY BEI:I[H
CITY ATTORNEY'S OFFICE
FACSIMILE 407/278-4755 WriSt's Direct L~e: (~7) 243-7~
DELRAY BEACH
AII.Amedca Ci~ ~MO~~
September9, 1995
1993
TO: Ci~ Co~ission
FROM: David N. Tolces, Assistant Ci~ Attome~
SUBJECT: Resolution Authorizing the City Clerk to File a Right-of-Way Survey of
N.W. 7th Street with the Public Records of Palm Beach County
This resolution which is before you for your approval addresses a right-of-way problem
which the City has on N.W. 7th Street between Swinton Avenue and N.W. First Street.
At this time, there is a question as to the extent of the City's right-of-way. It is possible
that a portion of N.W. 7th Street is on property which was not dedicated to the City.
This resolution will enable the City to claim that N.W. 7th Street is vested with the City.
Pursuant to Section 95.361, Florida Statutes, the City is authorized to file in the Public
Records of Palm Beach County a survey map indicating the extent of N.W. 7th Street
which presently exists within the City. The only requirement is that the City has
maintained the road for a period of at least four years. In order to vest any title to lands
which the road is presently crossing, the City is authorized to file the resolution in the
Public Records of Palm Beach County. Your approval of this resolution will enable the
City to defeat any claims of any property owners who are alleging that the City has
improperly located a road on their property.
If you have any questions, please call.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
nw7th2.dnt
Printed on Recycled Paper
[:lTV DF I]ELRR¥ BER[H
CITY ATTORNEY'S OFFICE
FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090
DELRAY BEACH
Ali. America City MEMORANDUM
~,ll,~,,,,jr DATE: Septemberl4, 1995
1993
TO: Alison MacGregor Harty, City Clerk
FROM: David N. Tolces, Assistant City Attorney-~
SUBJECT: Resolution and Right-of-Way Survey of N.W. 7th Street
I am attaching the N.W. 7th Street survey which needs a certification done by the City
Clerk which states the following:
The portion of N.W. 7th Street between Swinton Avenue and Northwest
1st Avenue is hereby declared to have vested in the City of Delray
Beach, Florida, in accordance with Florida Statutes Section 95.316(1).
Certified by
CITY OF DELRAY BEACH, FLORIDA
MAYOR
ATTEST:
City Clerk
(SEAL)
Once this has been completed, the survey and the signed resolution should be recorded
with the Clerk of the Court. Should you have any questions, please call.
DNT:smk
Attachment
nw7thl .dnt
Printed on Recycled Paper
[ITY JIF I]ELAAY BEA[H
,EL .EAc, CITY CLERK
~ c~
]993 C E RTI F I CA T I ON
I, THOMAS E. LYNCH, Mayor of the City of Delray Beach,
Florida, do hereby certify that the attached document is a true
and correct copy of Resolution No. 67-95, as the same was passed
and adopted in regular session by the Delray Beach City
Commission on September 19, 1995, together with a right-of-way
survey for a portion of N.W. 7th Street. The portion of N.W. 7th
Street between Swinton Avenue and Northwest 1st Avenue is hereby
declared to have vested in the City of Delray Beach, Florida, in
accordance with Florida Statutes Section 95.316(1).
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
20th day of September, 1995.
Certified by:
CITY OF DELRAY BEACH, FLORIDA
MAYOR
ATTEST:
City Clerk
(SEAL)
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper