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Res 37-87 RESOLUTION NO. 37-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING CERTAIN EASEMENTS AND THE RIGHT-OF-WAY FOR MIAMI BOULEVARD LYING WITHIN THE AMENDED PLAT OF DELRAY MALL, AS RECORDED IN PLAT BOOK 31, PAGE 37, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. WHEREAS, WRI Delray Associates, Limited Partnership, a Delaware Limited Partnership, is the fee-simple owner of a tract of land lying in Section 20 and 21, Township 46 South, Range 43 East, Palm Beach County, Florida, containing portions of Model Land Company's Map of the West One-Half (W 1/2) of Section 21, according to the Plat thereof recorded in Plat Book 1, Page 128, and Silver Terrace, according to the Plat thereof recorded in Plat Book 11, Page 61, both being in the Public Records of Palm Beach County, Florida, being more particularly described as follows: Commence at the Southeast corner of said Section 20, also being the Southwest corner of said Section 21; thence run North 0 degrees 04' 06" East along the East line of said Section 20 also being the West line of said Section 21, 53.00 feet to a point of intersection with the North right-of-way line of Linton Boulevard for the Point of Beginning; thence run North 89 degrees 44' 06" West along said North right-of-way line 122.00 feet to a point of intersection with the East right-of-way line of Dixie Highway; thence run North 8 degrees 23' 05" East along said East right-of-way line 1,289.34 feet to the Southwest corner of Lot 1, Block 1, of said SILVER TERRACE; thence run North 8 degrees 22' 49" East 93.72 feet to the Northeast corner of said Lot 1; thence run North 0 degrees 37' 35" East 55.00 feet to the Northwest corner of Lot 3 of said Block 1; thence run North 89 degrees 52' 49" East along the North line of said Block 1, 324.69 feet to a point of curvature; thence run along the arc of a curve to the right having a radius of 25.00 feet and a central angle of 90 degrees 44' 46" for an arc distance of 39.58 feet to a point of tangenc¥ also being the East boundary of Lot 9 of said Block 1; thence South 0 degrees 37' 35" West along said East boundary 79.70 feet to the Southeast corner of said Lot 9; thence run North 89 degrees 52' 49" East 50.00 feet to the Southwest corner of Block 6, of said SILVER TERRACE; thence run North 0 degrees 37' 35" East along the West line of said Block 6, 299.99 feet to the Northwest corner of Lot 6 of said Block 6; thence run North 89 degrees 52' 49" East along the North line of said Lot 6, 110.00 feet to the Northeast corner of said Lot 6; thence run North 0 degrees 37' 35" East along the East line of said Block 6, 16.47 feet to a point; thence run North 89 degrees 57' 54" East 662.53 feet to a peint; thence run North 0 degrees 37' 09" East 15.00 feet to a point; thence run South 89 degrees 47' 06" East 146.89 feet to a point on a curve concave to the Northwest; thence run Southwe~terly along the arc of said curve having a radius of 2,836.93 feet, a~central angle of 6 degrees 59' 56" and whose chord bears South 23 degrees 06' 20" West for an arc distance of 346.54 feet along the West right-of-way line of U.S. Highway No. 1 (State Road No. 5) to a point; thence run South 32 degrees 14' 33" West along said West right-of-way line 14.31 feet to a point; thence run South 88 degrees 23' 23" West 7.07 feet to a point; thence run South 1 degree 14' 26" West 11.40 feet to a point of intersection with said West right-of-way line; thence run South 32 degrees 14' 33" West along said West right-of-way line 1,329.19 feet to. a point of curvature; thence run Southwesterly along the arc of a curve to the left having a radius of 1,970.08 feet, a central angle of 4 degrees 46' 39" and whose chord bears South 29 degrees 51' 13" West for an arc distance of 164.27 feet to a point of intersection with said North right-of-way line of Linton Boulevard; thence run West along said North right-of-way line 547.91 feet to the POINT OF BEGINNING; and, WHEREAS, R. W. Sheremeta, as Agent for WRI Delray Associates, Limited Partnership, a Delaware Limited Partnership, has petitioned the City of Delray Beach for the abandonment of certain easements and the right-of-way for Miami Boulevard lying within the Amended Plat of Delray Mall as legally described below; and, WHEREAS, the City Council 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 easements and right-of-way within said Amended Plat of Delray Mall, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 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: Easements (1) The following Platted Easements in the AMENDED PLAT OF DELRAY MALL, as recorded in Plat Book 31,. Page 37 of the Public Records of Palm Beach County, Florida: (a) Ail of the Municipal Route, a parcel of land of variable width as designated in said Plat of Delra¥ Mall. (b) Portions of a twelve (12) foot wide Utility Easement, for sanitary sewers, the centerline of which is more particularly described as follows: Commencing at the Southeast corner of said Plat; thence North 32 degrees 14' 33" East a distance of 114.23 feet; thence South 80 degrees 33' 00" West a distance of 204.45 feet; thence North 81 degrees 36' 00" West a distance of 245.00 feet to the POINT OF BEGINNING; thence North 08 degrees 23' 00" East a distance of 150.00 feet; thence North 81 degrees 37' C0" West a distance of 120.00 feet to the POINT OF ENDING. '(c) Portions of a twelve (12) foot wide Utility Easement, for water distribution, the centerline of which is more particularly described as follows: Commencing at the Southeast corner of said plat; thence North 32 degrees 14' 33" East a distance of 114.23 feet; thence South 80 degrees 33' 00" West a distance of 204.45 feet; thence North 81 degrees 36' 00" West a distance of 8.00 feet; thence North 08 degrees 23' 05" East a distance of 12.00 feet to a POINT OF BEGINNING "A"; thence North 81 - 2 - RES. NO. 37-87 degrees 36' 55" West a distance of 184.00 feet to a point hereinafter referred to as Point "B"; thence continue North 81 degrees 36' 55" West a distance of 15.00 feet to a point hereinafter referred to as Point "C"; thence continue North 81 degrees 36' 55" West a distance of 230 feet to a point hereinafter referred to as Point "D"; thence continue North 81 degrees 36' 55" West a distance of 127.00 feet to a POINT OF ENDING; TOGETHER WITH THE FOLLOWING: BEGINNING at the aforementioned Point "A"; thence South 08 degrees 23' 05" West a distance of 52.00 feet to a POINT OF ENDING; BEGINNING at the aforementioned Point "B", thence North 08 degrees 23' 05" East a distance of 55.00 feet to a POINT OF ENDING; BEGINNING at the aforementioned Point "C"; thence South 08 degrees 23' 05" West a distance of 52.00 feet to a POINT OF ENDING; BEGINNING at the aforementioned Point "D"; thence South 08 degrees 23' 05" West a distance of 52.00 feet to a POINT OF ENDING. NOTE: The sidelines of said 12 ft. wide utility easements are to be extended or shortened to meet at angle points. (2) That portion of the ten (10) foot wide FP&L Easement as described in Official Records Book 2367, Pages 879 through 881, which begins at a point located 504.00 feet northerly of the Southwest corner of the herein described property, as shown and designated on the Sketch of Survey. Right-Of-Way A portion of the Platted Right-of-Way of Miami Boulevard, as shown on the AMENDED PLAT OF DELRAY MALL; being more particularly described as follows: BEGINNING at-the intersection of the Southerly Right-of-Way of Collins Avenue and the Easterly Right-of-Way of Miami Boulevard; as shown on said Plat of Delray Mall; thence South 80 degrees 37' 35" West a distance of 105.03 feet; thence South 89 degrees 52' 49" West a distance of 50.00 feet; thence North 00 degrees 37' 35" East a distance of 79.70 feet to a Point of Curvature of a curve concave to the Southwest, having a radius of 25.00 feet and a central angle of 90 degrees 44' 46"; thence Northwesterly along the arc of said curve a distance of 39.58 feet; thence North 89 degrees 52' 49" East a distance of 75.33 feet to the POINT OF BEGINNING. - 3 - RES. NO. 37-87 PASSED AND ADOPTED in regular session on this the 8th day of g~p~_~_mh~.w , 1987. MAYOR ATTEST: ~ ~ City ClErk - 4 - RES. NO. 37-87 ABANDONMENT OF EASEMENTS AND RIGHT-OF-WAY WITHIN AMENDED PLAT OF DELRAY MALL 1" ' 500' LAM BeRT MALL. (UNPLATTfO) 'BK. 3O OLD lit. AZ& /"/~ ~.. ,,,,.. , .......