Res 46-91 RESOLUTION NO. 46-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT
PART OF THE RIGHT OF WAY FOR OLD ATLANTIC AVENUE (80
FOOT RIGHT OF WAY) AKA MCNAB AVENUE, LYING EAST OF
CONGRESS AVENUE AND SOUTH OF STATE ROAD 806 IN SECTION
18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH
COUNTY, FLORIDA.
WHEREAS, the City of Delray Beach is the fee-simple owner of
the North 17.5 feet and the South 17.5 feet of that portion of Old
Atlantic Avenue (Old S.R. 806) lying south of West Atlantic Avenue (S.R.
806) and east of Congress Avenue; and,
WHEREAS, Russell L. Cheatham, as duly authorized agent for
Shell Oil Company, lead petitioner, has made application for abandonment
of that part of the right-of-way for Old Atlantic Avenue (80 foot
right-of-way) a.k.a McNab Avenue, lying east of Congress Avenue and
south of State Road 806 in Section 18, Township 46 South, Range 43 East,
Palm Beach County, Florida; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that its interest in the described property is no longer
needed for the public good and deems it to be in the best interests of
the City of Delray Beach to vacate and abandon said portion of Old
Atlantic Avenue a.k.a. McNab Avenue,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter 166
of the Florida Statutes, it is hereby determined to vacate and abandon
all right and interest it holds to the following real property:
PARCEL 1:
That part of the right-of-way for Old Atlantic Avenue
(80 foot right-of-way) lying east of Congress Avenue
and south of State Road 806 in Section 18, Township 46
South, Range 43 East, Palm Beach County, Florida,
described as follows:
Commence at the southwest corner of the Plat of
Atlantic Avenue Veterinary Clinic, as recorded in Plat
Book 42, Page 189 of the Public Records of Palm Beach
County, Florida; thence S49 Degrees 35'21"W., along
the westerly extension of the southerly line of said
Plat and along the northerly right-of-way line of Old
Atlantic Avenue, 75.97 feet to a Point of Curvature of
a curve concave northwesterly with radius of 163 00
feet and a central angle of 22 Degrees 40'00"; thence
southwesterly, along the arc of said curve, 64.48
feet; thence S72 Degrees 15'21"W., 59.52 feet to a
line 70.50 feet east of and parallel with the west
line of Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4) of said Section 18; Thence S.53
Degrees 57'39"E., 21.69 feet to a line 17.50 feet
south of and parallel with the northerly right-of-way
line of Old Atlantic Avenue; thence N.72 Degrees
15'21"E., along said parallel line, 46.70 feet to a
Point of Curvature of a curve concave northwesterly
with a radius of 180.50 feet and a central angle of 22
Degrees 40'00"; thence northeasterly, along the arc of
said curve, 71.41 feet; thence N.49 Degrees 35'21"E.,
along a line 17.50 feet southeasterly of and parallel
with the said northerly right-of-way line of Old
Atlantic Avenue, 65.23 feet to the intersection with
the southerly extension of the west line of the said
Plat of Atlantic Avenue Veterinary Clinic; thence N.8
Degrees 51'39"W., along said extension, 20.54 feet to
the said Point of Beginning.
PARCEL 2:
That part of the right-of-way for Old Atlantic Avenue
(80 foot right-of-way) lying east of Congress Avenue
and south of State Road 806 in Section 18, Township 46
South, Range 43 East, Palm Beach County, Florida,
described as follows:
Begin at the southwest corner of the Plat of Atlantic
Avenue Veterinary Clinic, as recorded in Plat Book 42,
Page 189 of the Public Records of Palm Beach County,
Florida; thence N.49 Degrees 35'21"E., along the
southerly line of said Plat and along the northerly
right-of-way line of Old Atlantic Avenue, 128.48 feet
to the southeasterly corner of said Plat; thence S.0
Degrees 07'51"E., along the west line of the East Half
(E 1/2) of the Northwest Quarter (NW 1/4) of the
Northeast Quarter (NE 1/4) of the Southeast Quarter
(SE 1/4) of said Section 18, 22.94 feet to a line
17.50 feet southeasterly of and parallel with the said
northerly right-of-way line of Old Atlantic Avenue;
thence S.49 Degrees 35'21"W., along said parallel
line, 124.39 feet to the intersection with the
southerly extension of the westerly line of said Plat
of Atlantic Avenue Veterinary Clinic; thence N.8
Degrees 51'39"W., along said extension 20.54 feet to
the said Point of Beginning.
PARCEL 3:
That part of the right-of-way for Old Atlantic Avenue
(80 foot right-of-way) lying east of Congress Avenue
and south of State Road 806 in Section 18, Township 46
South, Range 43 East, Palm Beach County, Florida,
described as follows:
Commence at the southwest corner of the Plat of
Atlantic Avenue Veterinary Clinic, as recorded in Plat
Book 42, Page 189 of the Public Records of Palm Beach
County, Florida; thence N.49 Degrees 35'21"E., along
the southerly line of said Plat and along the north
right-of-way line of Old Atlantic Avenue, 128.48 feet
to the southeasterly corner of said Plat and the Point
of Beginning; thence continue N.49 Degrees 35'21"E.,
along said northerly right-of-way line, 171.91 feet to
the southwesterly line of the lands deeded for
right-of-way as described in Official Record Book
1049, Page 450 of the Public Records of Palm Beach
County, Florida; thence S.13 Degrees 49'07"W., 29.94
feet to a line 17.50 feet southeasterly of and
parallel with the said northerly right-of-way line of
Old Atlantic Avenue; thence S.49 Degrees 35'21"W.,
along said parallel line, 162.45 feet to the west line
of the East Half (E 1/2) of the Northwest Quarter (NW
1/4) of the Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) of said Section 18; thence
N.0 Degrees 07'51"W., along said west line, 22.94 feet
to the said Point of Beginning.
-2- Res. No. 46-91
PARCEL 4:
That part of the right-of-way for Old Atlantic Avenue
(80 foot right-of-way) lying east of Congress Avenue
and south of State Road 806 in Section 18, Township 46
South, Range 43 East, Palm Beach County, Florida,
described as follows:
Begin at the point of intersection of the west line of
the East Half (E 1/2) of the Northwest Quarter (NW
1/4) of the Northeast Quarter (NE 1/4) of the South-
east Quarter (SE 1/4) of said Section 18 with the
southerly right-of-way line of Old Atlantic Avenue;
thence N.49 Degrees 35'21"E., along said southerly
right-of-way line, 254.19 feet to the southwesterly
corner of the lands deeded for road right-of-way as
described in Official Record Book 2223, Page 121;
Official Record Book 2228, Page 1650; and Official
Record Book 2228, Page 1658, of the Public Records of
Palm Beach County, Florida; thence N.40 Degrees
24'39"W., 17.50 feet; thence S.49 Degrees 35'21"W.,
along a line 17.50 feet northwesterly of and parallel
with the southerly right-of-way line of Old Atlantic
Avenue, 239.36 feet to west line of the East Half (E
1/2) of the Northwest Quarter (NW 1/4) of the North-
east Quarter (NE 1/4) of the Southeast Quarter (SE
1/4) of said Section 18, thence S.0 Degrees 07'51"E.,
along said west line, 22.94 feet to the said Point of
Beginning.
PARCEL 5:
That part of the right-of-way for Old Atlantic Avenue
(80 foot right-of-way) lying east of Congress Avenue
and south of State Road 806 in Section 18, Township 46
South, Range 43 East, Palm Beach County, Florida,
described as follows:
Begin at the Point of Intersection of a line 25.00
feet west of the east line of the West Half (W 1/2) of
the Northwest Quarter (NW 1/4) of the Northeast
Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of
said Section 18 with the southerly right-of-way line
of Old Atlantic Avenue; thence N.49 Degrees 35'21"E.,
along said southerly right-of-way line , 32.77 feet to
the east line of the West Half (W 1/2) of the North-
west Quarter (NW 1/4) of the Northeast Quarter (NE
1/4) of the Southeast Quarter (SE 1/4) of said Section
18; thence N.0 Degrees 07'51"W., along said east line,
22.94 feet to a line 17.50 feet northwesterly of and
parallel with the said southerly right-of-way line of
Old Atlantic Avenue; thence S.49 Degrees 35'21"W.,
along said parallel line, 32.77 feet to the said line
25.00 feet west of the east line of the West Half (W
1/2) of the Northwest Quarter (NW 1/4) of the North-
east Quarter (NE 1/4) of the Southeast Quarter (SE
1/4) of said Section 18; thence S.0 Degrees 07'51"E.,
along said line, 22.94 feet to the said Point of
Beginning.
PARCEL 6:
That part of the right-of-way for Old Atlantic Avenue
(80 foot right-of-way) lying east of Congress Avenue
and south of State Road 806 in Section 18, Township 46
South, Range 43 East, Palm Beach County, Florida,
described as follows:
-3- Res. No. 46-91
Begin at the Point of Intersection of a line 25.00
feet west of the east line of the West Half (W 1/2) of
the Northwest Quarter (NW 1/4) of the Northeast
Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of
said Section 18 with the southerly right-of-way line
of Old Atlantic Avenue; thence S.49 Degrees 35'21"W.,
along said southerly right-of-way line, 152.59 feet;
thence S.72 Degrees 15'21"W., along said south right-
of-way line, 133.55 feet to a line 70.50 feet east of
and parallel with the west line of the Northeast
Quarter (NE 14/) of the Southeast Quarter (SE 1/4) of
said Section 18; thence N.36 Degrees 02'21"E., 29.62
feet to a line 17.50 feet north of and parallel with
the said south right-of-way line of Old Atlantic
Avenue; thence N.72 Degrees 15'21"E., along said
parallel line, 60.95 feet to a point of curvature of a
curve concave northwesterly with a radius of 225.50
feet and a central angle 22 Degrees 40'00"; thence
northeasterly, along the arc of said curve, 89.21
feet; thence N.49 Degrees 35'21"E., along a line 17.50
feet northwesterly of and parallel with the said
southerly right-of-way line of Old Atlantic Avenue,
118.71 feet to the said line 25.00 feet west of the
east line of the West Half (W 1/2) of the Northwest
Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of
the Southeast Quarter (SE 1/4) of said Section 18;
thence S.0 Degrees 07'51"E., along said line, 22.94
feet to the said Point of Beginning.
The subject property is located southeast of the
corner of West Atlantic Avenue and Congress Avenue
(a.k.a. Old State Road 806), Delray Beach, Florida.
The above described parcel contains a 0.365 acre
parcel of land, more or less.
PASSED AND ADOPTED in regular session on this the llth day of
June, 1991.
ATTEST:
-4- Res. No. 46-91