Res 02-82 RESOLUTION NO. 2-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ALL.
PUBLIC ROADS WITHIN THE HAMLET DEVELOPMENT, BEING
THOSE PUBLIG ROADS AS SHOWN ON THE PLAT OF BOUGAIN-
VILLA SUBDIVISION, AS RECORDED IN PLAT BOOK 32, PAGE5 36
and 57; THE F_.STATE5 SUBDIVISION, AS RECORDED IN PLAT
BOOK 38, PAGF_5 61 AND 62; THE ESTATES II SUBDIVISION, AS
RECORDED IN PLAT BOOK 39, PAGES 97 AND 98; THE[ ESTATES
III SUBDIVISION, AS RECORDED IN PLAT BOOK u,0, PAGE5 6g AND
63; EVERGREENE SUBDIVISION, AS RECORDED IN PLAT BOOK 33,
PAGES 150 AND 151; THE FAIRWAY5 SUBDIVISION, AS RECORDED
IN PLAT BOOK 39, PAGES 62 AND 633 FOXPOINTE SUBDIVISION,
AS RECORDED IN PLAT BOOK 32, PAGE5 107 AND 1083 GREENS-
WARD VILLAGE SUBDIVISION, AS RECORDED IN PLAT BOOK 29,
PAGE5 186, 187, 188, 189, AND 190; LAKEViOODE - SECTION I
SUBDIVISION, AS RECORDED IN PLAT BOOK 33, PAGES 103 AND
10g; LAKE%¥OODE - SECTION II SUBDIVISION, AS RECORDED IN
PLAT BOOK 33, PAGES 105 AND 106; LAKE~/OODE - SECTION III
SUBDIVISION, AS RECORDED IN PLAT BOOK 34, PAGF_5 99 AND
100: PINELAKE SUBDIVISION, AS RECORDED IN PLAT BOOK 36,
PAGF.5 165 AND 166 ALL IN THE PUBLIC RECORDS OF PALtVt
BEACH COUNTY, FLORIDA3 PROVIDING FOR CERTAIN CONDI-
TIONS TO WHICH SAID VACATING AND ABANDONMENT I5
SUB3ECT.
WHEREAS, The Hamlet Residents Association, Inc., a FI'orida not for profit corporation,
has been formed by the Residents of The Hamlet development~ and,
WHEREAS, The Hamlet Residents' Association, Inc. through its agents and attorneys,
Baskin and Sears, P.A., have petitioned the City of Deiray Beach for the abandonmenl:.-of cet~cain
roadways within The Hamlet development legally described below~ and,
WHEREAS, the Residents of The Hamlet development have expressly assumed and
agreed to be bound by and to comply with all covenants, terms, provisions and conditions set forth in
that certain Declaration of Restrictive and Maintenance Covenants, dated the 1st day of December,
19gl, by Hamlet Residents' Association, Inc., recorded in the Official Records of the Circuit Court of
Palm Beach County, in Official Record Book 36/44, page 1967; and,
WHEREAS, the Members of the Association have acknowledged to the City Council of
the City of Delray Beach, Florida, by execution of an Affidavit of Acknowledgment and Consent,
that such Declaration of Restrictive and Maintenance Covenants shall be construed as covenants
running with the land of the Affiant, in favor of the Association, its successors and assigns, and that
such Declaration may be enforced by the City of Delray Beach against the Association and each
Member, their heirs, successors, representatives and assigns3 and,
WHEREAS, each Member of the Association has acknowledged to the City Council of the
City of Delray Beach, Florida, that The Hamlet Residents' Association's Articles of Incorporation,
Bylaws or Declaration of Restrictive and Maintenance Covenants may not be amended or terminated
unless and until the City of Deiray Beach has approved same3 and,
WHEREAS, the City Council of the City of Delray Beach, Florida, deems it to be in the
best interests of the City of Delray Beach to vacate and abandon said roadways within The Hamlet
development,
NOV~, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section I. That pursuant to Chapter 166 of the Florida Statutes, it is hereby determined
to vacate and abandon the following described reai property:
.(a) All public roads located within the recorded plat of BOUGAINVILLA, as recorded
in Plat Book 32, Pages 56 and 57, of the Public Records of Palm Beach County,
Florida; and,
'(b) All public roads located within the recorded plat of THE ESTATES, as recorded in
Plat Book 38, Pages 61 and 62, of the Public Records of Palm Beach County,
Florida4 and,
(c) All public roads located within the recorded plat of THE ESTATES II, as recorded
in Plat Book 39, Pages 97 and 98, of the Public Records of Palm Beach County,
Florida~ and,~
(d) Ali public roads located within the recorded plat of THE ESTATE5 III, as recorded
in Plat Book ~0, Pages 6g and 65, of the Public Records of Palm Beach County,
Florida4 and,
(e) Ali public roads located within the recorded plat of EVERGREENE, as recorded in
Plat Book 33, Pages 150 and 151, of the Public Records of Palm Beach County,
Florida4 and,
(f) All public roads located within the recorded plat of THE FAIRWAYS, as recorded
in Plat Book 39, Pages 62 and 63, of the Public Records of Palm Beach County,
Florida~ and,
(g) Ail public roads located within the recorded plat of FOXPOINTE, as recorded in
Plat Book 32, Pages 107 and 10g, of the Public Records of Palm Beach County,
Florida; and,
(h) Ali public roads located within the recorded plat of GREENSWARD VILLAGE
SUBDIVISION, as recorded in Plat Book 29, Pages 186 through 190, inclusive, of the
Public Records of Palm Beach County, Florida4 and,
(i) AL[ public roads located within the recorded plat of LAKEWOODE - SECTION I, as
recorded in Plat Book 33, Pages 103 and 10z~, of the Public Records of Palm Beach
County, Florida4 and,
(j) AU public roads located within the recorded plat of LAKEWOODE - SECTION II, as
recorded in Plat Book 33, Pages 105 and 106, of the Public Records of Palm Beach
County, Florida4 and,
(k) Ail public roads located within the recorded plat of LAKEWOODE - SECTION III,
as recorded in Plat Book 3% Pages 99 and 100, of the Public Records of Palm Beach
County, Florida4 and,
(1) Ali public roads located within the recorded plat of PINEI. AKE, as recorded in Plat
Book 36, Pages 165 and 166, of the Public Records of Palm Beach County, Florida.
Section 2. That this abandonment is expressly subject to the following conditions as a
prerequisite to its effectiveness:
(1) That the common property subject to this vacating and abandonment shall remain
undivided, and no person, irrespective of the nature of his interest in the common
property, shall bring any action or proceeding for partition or division of the
common property.
(2) The City hereby reserves to itself, its successors and assigns the right to use any
portion of the abandoned property for the installation, operation, maintenance, and
repair of utilities of every kind and description.
(3) The City hereby reserves for itself, its successors and assigns the right to authorize
in writing the Lnstallation, operation, maintenance, and repair of utilities of every
kind and description, by any person, firm, association, partnership or corporation.
2 RES. NO. 2-82
(6) The City reserves for itself, its successors and assigns and any person or entity
which it has authorized in writing as described in paragraph (3) above to install,
operate, maintain, or repair utLtities in the abandoned property, a right of ingress
and egress over afl of the abandoned property.
(5) That this vacating and abandonment of certain public roads within The Hamlet
development shall be expressly subject to the ri§hi of ingress and egress for aJJ
persons owning or occupying property in The Hamlet development, ?nc. fluding those
persons no: members of The Hamlet Residents' Association, inc., including their
invitees, as well as the right of ingress and egress for afl public utilities, ~nd public
vehicles, including, but not' Limited to police, fire, and garbage, and trash disposal
vehic, teso
(6) That a sufficient percentage of the total number of the persons owning property
within The Hamlet development, and which must iht. rude both the Hamlet Develop-
'men: Association. and the Hamlet Country Club, consent to become Members of
The Hamlet Residents' Assoc_fiation, Inc., by executing an Affidavit of Acknowledg-
ment and Consent, which h~s been subject to title certification verL~ying the
signatory as being the last record owner of the propertT subject to the provisions of
the Oectaz~tion of Restrictive and Maintenance Covenants for The Hamlet
Residents' Association, Inc.
(7) That the maJJ~tenance of roa~tways which are the subject o~ thLs abandonment shaLL
henceforth be the responsibility ot The Hamlet Residents' Association, [nc., which
shaJl maintain sa~d roadways to suitable standards to accommodate City services.
(8) That all drainage facilities within The Hamlet shall be maintained by The Hamlet
Residents' Assocfiation, [nc., and that all ex~stin§ [aRes within The Hamlet
development shaft be a part of these drainage facilities, and which shall be
maintained to the extent same are owned by The Hamlet Res[dents'
[nc.
(9) That The Hamlet Residents' Association, [nc. shall be responsible ~or aJJ traffic
control signs and marking devices, as well as the maintenance of these ~acfilities in
accordance with current traffic standards.
(10) That L~ not aJready provided for~ The Hamlet Residents' Association, [nc., shall
take ownership of ail street lights within The Hamlet development, and shaft1 be
responsible for all future costs of operation and maintenance of such street lights.
(11) That in the event there is a default in the performance o~ any of the a~ove-
referenced conditions which continues after the City has provided sixty (60) days'
written notice to The Hamlet Residents' Association, [nc., then the City shall have
the ri§hi to declare this resolution null and void and thereby revoking the
abandonment set forth herein and reinstating the roads described in Section
hereof as public streets and roadways vested in the City of DeJray Beach.
PASSED AND ADOPTED in special session on this the Lgtl'flay o~ 3anuary, 1982.
LEON M. WEEKES
ATTEST:
City,~Cj2'erk
3 RES. NO. 2-82