Res 79-78 RESOLUTION NO. 79-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF
SPANISH CIRCLE AND SPANISH TRAIL WHICH WERE DEDICATED
IN THE PLAT OF THE 4TH SECTION OF TROPIC ISLE, PLAT
BOOK 25, PAGE 70, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, IN SECTION 33, TOWNSHIP 46 SOUTH,
RANGE 43 EAST. SAID ABANDONMENT BEING SUBJECT TO
THE P~TSNTION OF A UTILITY EASEMENT THROUGH A PORTION
OF SPANISH TRAIL AND THE RETENTION OF PERPETUAL LICENSE
AND MAINTENANCE OF THE C-15 CANAL; PROVIDING FOR THE
ACCEPTANCE FOR A VOLUNTARY DONATION FOR TRAFFIC
IMPACT.
WHEREAS, Charles Orenstein, owner, and Charles B. Cook of Pelican
Harbor Associates, Developer, have petitioned the City of Delray Beach for
the abandonment of the portions of Spanish Circle and Spanish Trail legally
described below; and,
WHEREAS, the owner and developers'petition for abandonment has
been filed in conjunction with their development plans for the development
commonly known as Pelican Harbor; and,
WHEREAS, the development plans, Which the owner and developers
desire to implement would include the abandonment of Spanish Circle and
Spanish Trail; and,
WHEREAS, the Planning and Zoning Board at its June 20, 1978, meeting
unanimously recommended the abandonment of the portions of Spanish Circle and
Spanish Trail, legally described below; and,
WHEREAS, by memorandum dated June 12, 197.8, the City Engineering
Department recommended against abandoning the portion of Spanish Trail since
it would eliminate an additional traffic route to a major arterial highway
~U.S. No. 1 - Federal Highway), the bridge located south of the portion of
Spanish Trail %o be abandoned is still structurally sound, and other reasons;
and,
WHEREAS, the City Council has carefully weighed the benefits and
detriments of implementing the development proposal on the one hand and
abandoning the subject portion of Spanish Trail on the other; and,
WHEREAS, the City Council has determined that the public benefit to
:be derived from the implementation of the development plans exceeds the
detriment caused by the abandonment of that portion of Spanish Trail; and,
WHEREAS, therefore, City Council at its regular meeting of July
24, 1978, voted to abandon the portion of Spanish Trail and Spanish Circle
legally described below; and,
WHEREAS, after the City Council had voted for these abandonments
Charles B. Cook, Developer, offered to make a voluntary donation to the
City in light of the traffic impact,which he acknowledged the development
would have, as a result of the abandonment of Spanish Trail; and,
WHEREAS, the City Council desires to confirm by resolution the
abandonment of Spanish Trail and Spanish Circle and accept the above-referred
to donation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the portions of Spanish Circle and Spanish Trail
to be abandoned are legally described as follows:
1. That portion of Spanish Circle lying west of Spanish Trail,
more particularly described as follows:
Commencing at the northwest corner of said Tract 1 of TROPIC
TOWERS; thence run S 89°51'55"E 158.37 feet along the north line
of said Tract 1 to a point; thence run South 67.35 feet to the
Point of Beginning; thence continue South 2.41 feet to a point
on a curve; thence run southwesterly, southeasterly and north-
easterly along the arc of a curve to the left, having a chord
bearing of S 50°15'53.5"E, a radius of 50.00 feet, a central
angle of 220o31'53'', for an arc distance of 192.45 feet to a
point of reverse curvature; thence run northeasterly along the
arc of a curve to the right, having a radius of 25.00 feet, a
central angle of 70o31'50'', for an arc distance of 30.78 feet
to a point of tangency; thence run East 29.77 feet to a point
of curvature; thence run northeasterly along the arc of a curve
to the left, having a radius of 247.00 feet, a central angle of
29o43'04'', for an arc distance of 128.11 feet to a point of reverse
curvature; thence run southeasterly along the arc of a curve to
the right, having a radius of 25.00 feet, a central angle of
82°56'14'', for an arc distance of 36.19 feet to a point of inter-
section with the west right-of-way line of said Spanish Trail;
thence run northwesterly along the arc of a curve to the right,
having a chord bearing of N29°43'04"W, a radius of 381.64 feet,
a central angle of 14o07'33'', for an arc distance of 94.09 feet
to a point; thence run southwesterly along the arc of a curve
to the right, having a chord bearing of S 18°48'50"W, a radius
of 25.00 feet, a central angle of 82°56'14'', for an arc distance
of 36.19 feet to a point of compound curvature; thence run south-
westerly along the arc of a curve to the right, having a radius
of 197.00 feet, a central angle of 29o43'04'', for an arc distance
of 102.18 feet to a point of tangency; thence run West 100.48
feet to a point of curvature~ thence run southwesterly along
the arc of a curve to the left, having a radius of 75.00 feet,
a central angle of 19°28'16'', for an arc distance of 25.49 feet
to the Point of Beginning;
2. That portion of Spanish Trail lying south of Spanish Circle,
more particularly described as follows:
Beginning at the southwest corner of said Tract 2 of TROPIC
TOWERS; thence run N 0°08'06"E 125.00 feet to a point; thence run
North 50.03 feet to a point of curvature; thence run northwesterly
along the arc of a curve to the left, having a radius of 550.00
feet, a central angle 17o48'46'', for an arc distance of 170.99
feet to a point of reverse curvature; thence run northeasterly
along the arc of a curve to the right, having a radius of 25.00
feet, a central angle of 80o57'35'', for an arc distance of 35.53
feet to a point of tangency, thence run N 63°08'50"E, 37.92 feet
to a point of intersection with the south right-of-way line of
Spanish Circle; thence run northwesterly along the arc of a curve
to the right, having a chord bearing of N 73°49'48"W, a radius of
107.22 feet, a central angle of 86°02'45", for an arc distance of
161.02 feet to a point on the west right-of-way line of said
Spanish Trail; thence run southeasterly along the arc of a curve
- 2 - Reso. No. 79-78
to the right, having a chord bearing of S 15o24'13''E, a radius of
500.00 feet, a central angle of 30o48'25'', for an arc distance of
268.84 feet to a point of tangency; thence run south 49.97 feet to
a point, thence run S 0°08'06"W, 125.03 feet to a point; thence run
East 50.00 feet to the Point of Beginning.
Section 2. That these abandonments are subject to the following
conditions:
(a) The City reserves an easement for utility purposes over,
under and through that portion of Spanish Trail described
on Exhibit A attached hereto and made a part hereof.
(b) The reservation of a perpetual license for the operation
and maintenance of the C-15 Canal (Lateral 38)., as set
forth in City of Delray Beach Resolution No. 1446,
recorded in official Record Book 884, Page 38, of the
Public Records of Palm Beach County, Florida. The
owner shall execute and deliver such further instruments
as may be necessary to effectuate this provision. These
instruments shall name as grantee the South Florida
Water Management District and be in a form satisfactory
to the District.
Section 3. That the City Council hereby accepts the donation
of Charles B. Cook as set forth on Exhibit B attached hereto and made a
part hereof.
PASSED AND ADOPTED in regular session on this the 25th day
of September , 1978.
A Y 0 R~'~
ATTEST:
City Clerk
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EXHIBIT "A"
DESCRIPTION OF
FLORIDA POWER & LIGHT COMPANY EASEMENT
A portion of Spanish Trail, lying
south of Spanish Circle, as shown on the
plat of "TROPIC TOWERS", Plat Book 29,
page 9, of the Public Records of Palm
Beach County, Florida. Being more par-
ticularly described as follows:
Beginning at the southwest corner
of Tract 2 of said "TROPIC TOWERS"; thence,
run North 175 feet to a point of curvature;
thence northwesterly along a 550-foot radius
curve to the left, through a central angle
of 21o48'07'', an arc distance of 209.28 feet
to a point on a non-tangent curve whose cen-
ter bears North 5°50'06'' East, from said
point; thence, northwesterly along a 107.22-
foot radius curve to the right, through a
central angle of 7o33'04'', an arc distance
of 14.03 feet to a point of cusp on a curve
whose center bears South 67o24'30'' West;
thence, southeasterly along a 538-foot curve
to the right, through a central angle of
22o35'07'', an arc distance of 212.07 feet
to a point of tangency; thence South 175
feet; thence, East 12 feet to the Point of
Beginning.