Res 99-89 ...... .-' 964
RESOLUTION NO. 99-89 '
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND ABANDON-
ING ALL OF THE RIGHTS-OF-WAY DEDICATED FOR
PUBLIC USE IN THE PLAT OF ABBEY DELRAY PHASE I,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 33, PAGE 180, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, AND ALL OF THE RIGHTS-
OF-WAY DEDICATED FOR PUBLIC USE IN THE PLAT OF
ABBEY DELRAY PHASE II, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 35, PAGES 52 AND
53, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; PROVIDING FOR A CONDITION 'TO WHICH SAID
VACATION AND ABANDONMENT IS SUBJECT.
WHEREAS, Life Care Retirement Communities, Inc., a
non-profit iowa corporation, is the fee simple owner of all of
Abbey Delray, Phase I, a subdivision in Palm Beach County,
Florida, according to the Plat thereof as recorded in Plat Book
33, Page 180, Public Records of Palm Beach County, Florida, and
all of Abbey Delray, Phase II, a subdivision in Palm Beach
County, Florida, according to the Plat thereof as recorded in
Plat Book 35, Page 52, Public Records of Palm Beach County,
Florida; and,
WHEREAS, Roger G. Saberson, as duly authorized Agent
for Life Care Retirement Communities, Inc., a non-profit Iowa
corporation, has petitioned the City of Delray Beach for the
abandonment of certain public rights-of-way within said Abbey
Delray, Phase I, and Abbey Delray, Phase II, development as
legally described below; and,
WHEREAS, Life Care Retirement Communities, Inc., a
non-profit Iowa corporation, has represented and acknowledged to
the City of Delray Beach that it shall be solely responsible for
the upkeep, care, maintenance, and repair of all of the public
rights-of-way and their attendant facilities which are the
subject of this abandonment; and,
WHEREAS, replacement easements are required and shall
be dedicated by virtue of a replat of the subdivision; 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 rights-of-way within said Abbey Delray, Phases I and II,
development,
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, Section
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 described real property:
All of the rights-of-way dedica~ d for public
use in the Plat of ABBEY DELRAY P~ IE I, accord-
ing to the Plat thereof recorded in Plat Book
33, Page 180, of the Public Records of Palm
Beach County, Florida, and all of the rights-
of-way dedicated for public use in the Plat of
ABBEY DELRAY PHASE II, according to the Plat
thereof recorded in Plat Book 35, Pages 52 and
53, of the Public Records of Palm Beach County,
Florida, lying within the boundary of the
following described parcel:
OR,8 6J02 965
Begin at the permanent reference monument at the
Southwest corner of the said Plat of Abbey
Delray Phase II; thence due East, along the
South line of said Plat of Abbey Delray Phase II
and along the South line of the Plat of Abbey
Delray Phase I, 1,339.66 feet to a point on a
curve concave Westerly with a radius of 5,672.58
feet, a central angle of 1 degree 26 minutes 12
seconds and a line radial to said curve bearing
South 89 degrees 15 minutes 40 seconds West,
thence Northerly, along the arc of said curve,
142.24 feet to a point of reverse curvature of a
curve concave Easterly with a radius of 5,786.58
feet and a central angle of 2 degrees 30 minutes
38 seconds; thence Northerly, along the arc of
said curve, 253.55 feet to a point of tangency;
thence North 0 degrees 20 minutes 06 seconds
East, 485.13 feet to a point of curvature of a
curve concave Easterly with a radius of 5,786.58
feet and a central angle of 1 degree 39 minutes
08 seconds; thence Northerly, along the arc of
said curve, 166.87 feet to the Southerly
right-of-way line of Lowson Boulevard as shown
on the said Plat of Abbey Delray Phase II, said
South right-of-way line being a curve concave
Southerly with a radius of 850.00 feet, a
central angle of 17 degrees 13 minutes 33
seconds and a line radial to said curve bearing
South 4 degrees 16 minutes 27 seconds East,
thence Westerly, along the arc of said curve,
255.55 feet to a point of tangency; thence South
68 degrees 30 minutes 00 seconds West, along
said South right-of-way line, 313.10 feet to a
point of curvature of a curve concave Northerly
with a radius of 950.00 feet and a central angle
of 21 degrees 30 minutes 00 seconds; thence
Westerly, along the arc of said curve and along
said South right-of-way line, 356.48 feet;
thence due West, along said South right-of-way
line, 240.38 feet; thence South 7 degrees 40
minutes 50 seconds West, along the Westerly line
of said Plat of Abbey Delray Phase II, 150.00
feet; thence due West, along the boundary of
said Plat, 100.91 feet; thence South 7 degrees
40 minutes 50 seconds West, along the West line
of said Plat, 667.33 feet to the said Point of
· Beginning.
Section 2. That this abandonment is expressly contin-
gent upon replatting the site, thereby granting proper assurances
for access to utilities through the dedication of replacement
easements.
PASSED AND ADOPTED in regular session on this the 12th
day of December, 1989.
MAYOR
ATTEST:
This instrument prepared by:
Herbert W.A. Thiele, Esq.
'~ ~ City Attorney
~? ~ '~/~C~'6~. 100 N.W. 1st Avenue
Asst.JCity Clerk J Delray Beach, FL 33444
2 Res. No. 99-89
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CERTIFICATION
/
l, ELIZABETH ARNAU, City Clerk of the City of Delray Beach, FZorida, do hereby
certify that the above and foregoing is a true and correct copy of Resolution No. 99-89
which was passed by the City Co~.~ission on the 12th day of December,' 1989. ·
IN WITNES'S WHEREOF, I have hereunto set my hand and the Official Seal of the City
of Delra~ Beach, FloTi,da, on this the 20th day of DeCember, 1989.
': '" "'!.. ; Elizabe~ Arnau '
' ~ ~. City CR/erk
·" RECORD VERIFIED
":' :i,'!:' ''''%' City of Delray Beach
'*; :'J j~ ~: r, :~ PALM BEACH COUNTY, FLA.
' JOHN B. DUNKLE
SEAL CLERK CIRCUIT COURT