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Res 68-86 RESOLUTION NO. 68-86 A RESoLUTIoN OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ALL THOSE ROAD RIGHTS-OF-WAY, EASEMENTS, ALLEYS, WATERWAYS AND CANALS, OTHER THAN THE C-15 CANAL, WITHIN A PORTION OF TROPIC PALMS PLAT NO. 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, PAGE 99 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF DEL RATON PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 9 AND 10, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. WHEREAS, MFV Associates, a Florida General Partnership consisting of A&A Associates, a New Jersey General Partnership and P&P" Associates, a Florida General Partnership, is the fee-simple owner of Lots 28, 29 and 30, Block 4, DEL RATON PARK, according to the.~.Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; Lots H, J, K, L and M, TROPIC PALMS PLAT NO. 1, according to the Plat thereof recorded in Plat Book 25, Page 99, Public Records of Palm Beach County, Florida; Lots 1 through 38, inclusive, Block 6, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Page 10, Public Records of Palm Beach County, Florida; Lots 9 through 36, inclusive, Block 32, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; that part of the North 200 feet of Section 32, Township 46 South, Range 43 East, Palm Beach County, Florida, lying east of DEL RATON PARK, as per Plat of said DEL RATON PARK on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 14 at Page 10, and lying west of the west right-of-way line of State Road #5 (U.S. Highway No. 1); and: that part of the South 100 feet of the North 300 feet of Section 32, Township 46 South, Range 43 East, Palm Beach County, Florida, lying east of DEL RATON PARK, as per Plat of said DEL RATON PARK recorded in Plat Book 14, Page 10, of the Public Records of Palm Beach County, Florida, and lying west of the west right-of-way line of State Road No. 5 (U.S. Highway No. 1); and, WHEREAS, David W. Thomas is the 'fee-sample owner of Lots 31 through 36, inclusive, Block 4, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; and, WHEREAS, Peter J. Zarcone and Irma R. Zarcone, his wife, are the fee-simple owners of Lots 37, 38 and 39, Block 4, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; and, WHEREAS, Ronald T. Rudy and Dorothea J. Rudy, his wife, are the fee-simple owners of Lots 40, 41, 42 and 43, Block 4, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; and, WHEREAS, Elvin D. Dorwart and Beryl M. Dorwart, his wife, are the fee-simple owners of Lots 1 through 9, inclusive, Block 5, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida, and Lots 1 through 8, inclusive, Block 32, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Page 10, Public Records of Palm Beach County, Florida; and, WHEREAS, Marvin L. Sanders, as Agent for MFV Associates, a Florida General Partnership consisting of A&A Associates, a New Jersey General Partnership and P&P Associates, a Florida General Partnership, David W. Thomas, Peter J. Zarcone and Irma R. Zarcone, his wife, Ronald T. Rudy and Dorothea J. Rudy, his wife, and Elvin D. Dorwart and Beryl M. Dorwart, his wife, has made application for abandonment of all.those road rights-of-waY, easements, alleys, waterways and canals, other than the C-15 Canal, within a portion of Tropic Palms Plat No. 1, according to the plat thereof, as recorded in Plat Book 25, Page 99 of the Public Records of Palm Beach County, Florida, and a portion of Del Raton Park, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, of the Public Records of Palm Beach County, Florida; 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 road rights-of-way, easements, alleys, waterways and canals, other than the C-15 Canal, within a portion of Tropic Palms Plat No. 1 and Del Raton Park, NOW~ THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property: All those road rights-of-way, easements, alleys, waterways and canals, other than the C-15 Canal, recorded in the Public Records of Palm Beach County, Florida, lying within the following described property, to wit: A portion of the Northeast one-quarter (NE 1/4) of Section 32, Township 46 South, Range 43 East, Palm Beach County, Florida; A portion of TROPIC PALMS PLAT NO. 1 according to the Plat thereof as recorded in Plat Book 25, Page 99 of the Public Records of Palm Beach County, Florida, and a portion of DEL RATON PARK, according to the plat thereof, as recorded in Plat Book 14, Pages 9 and 10 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: COMMENCING at the Northeast corner of said Northeast one-quarter (NE 1/4) of Section 32; thence $. 89v44'35" W., along the North line thereof, a distance of 495.46 feet to a Point of Intersection with the West Right-of-Way line of U.S. Highway No. I and the POINT OF BEGINNING; thence S. 07o44'00'' W., along said West Ri~ht-of-Way line, a distance of 302.94 feet; thence S. 89~44'35'' W., along a line parallel with and 300.00 feet South of the North line of said Section 32, a distance of 128.79 feet to a Point of Intersection with the East line of Lots 1 t~ough 26, Block 32, of said DEL RATON PARK; thence S. 00 28'25" E., along said East line, a distance of 363.37 feet to a Point of Intersection with the South line of the Northeast one-quarter (NE 1/4) of the Northeast one-quarter (NE 1/4) of the Northeast one-quarter (NE 1/4) of said Section 32-46-43; thence N. 89°39'41'' E., along said line, a distance of 76.38 feet to a Point of Intersection with the West Right-of-Way line of U.S. Highway No. 1; thence, along said West Right-of-Way line, along the arc of a curve to the right whose radius point bears N. 82009'32'' W., having a radius of 22876.30 feet, a central angle of 00008'05,, and an arc length of 53.77 feet to a Point of Intersection with the Northerly Right-of-Way line of the South Fl~ida Water Management District Canal C-15; thence N. 79 45'25" W., along said Northerly Right-of-Way line, a distance of 400.33 feet; thence N. 03°36'38'' E., continuing along said North Right-of-Way line, a distance of 5.02 feet; -2- Res. No. 68-86 thence N. 79o45'25" W.., continuing along said North Right-of-Way line, a distance of 343.37 feet to a Point of Intersection with the East Right-of-Way line of Old Dixie HighwayAas shown on said TROPIC PALMS PLAT NO. 1; thence N. 07u45'05'' E., along said East Right-of-Way line, a distance of 810.82 feet to a Point of Intersection with the South Right-of-Way line of Lindell Boulevard as shown on said TROPIC PALMS PLAT NO. 1; thence S. 82°14'55" E., along a line parallel with and 50.00 feet South of the Centerline of said Lindell Boulevard, a distance of 731.96 feet to a Point of Intersection with the North line of Lots 31 through 36, Block 32 of said DEL RATON PARK; thence N. 89o44'35'' E., along said North line, a distance of 11.45 feet to a Point of Intersection with the Westerly Right-of-Way line of U.S. Highway No. 1; thence S. 07o44'00'' W., along said West Right-of-Way line, a distance of 126.23 feet to th~. POINT OF BEGINNING. P~SSED AND ADOPTED in regular session on this the 16th day of December , 1986. MAYOR ATTEST: City C le'rk -3- Res. No. 68-86 TROPIC BAY ! 441-1T1 : BK. 89 - PO. tO M-~5 OPIC TRACT (29-9) -- ROW/A1 1 ey/Easement Abandonment Tropic Palms Plat No. 1 and Del Raton Park (south of L ind,e,1 1 8ou levacd) 1" = 500'