Res 07-75 RESOLUTION NO. 7-75.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ROAD
RIGHTS-OF-WAY, CANAL RIGHTS-OF-WAY AND EASEMENTS IN
AN AREA LOCATED SOUTHEAST OF S.W. 12TH STREET AND
1-95, BEING AN IRREGULAR PARCEL OF LAND BOUNDED ON
THE EASTERNMOST SECTION BY S.W. 4TH AVENUE, ON THE
SOUTH BY QUAIL ROAD, EGRET CIRCLE, DOTTEREL ROAD
AND ROBIN ROAD, ALL LYING WITHIN TROPIC PALMS PLAT
NOS. 3 AND 4, AND ABANDONING PORTIONS OF TROPIC
PALMS PLAT NOS.· 3 AND 4.
WHEREAS, Charles E. Schmidt, Jr., Richard L. Schmidt and John K.
Brennan, as Trustees of the owners of all the property as set out in this
resolution, have petitioned the City of Delray Beach for abandonment of
the road rights-of-way, canal rights-of-way and easements, and the plat
of the subject property; and,
WHEREAS, the City Council deems it to be in the best interest of the
City to abandon said road rigkts-of-way, canal rights-of-way and easements,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That, pursuant to Section Seven (7), Paragraph Three (3)
of the Charter of the City of Delray Beach, Florida, it is hereby deter-
mined to vacate and abandon.the following road rights-of-way, canal rights-
of-way and easements and portions of Tropic Palms Plat Nos. 3 and 4:
That portion of MODEL LAND COMPANY'S SUBDIVISION
of Section 29, Township 46 South, Range 43 East,
according to the plat thereof recorded in Plat
Book 6, Page 50 of the Public Records of Palm Beach
County, Florida, lying Northerly and Westerly of
the centerline of Germantown Road as said centerline
is shown on TROPIC PALMS, PLAT NOS. 3 and 4, as said
plats are recorded in Plat Book 25, page 137 through
139 and Plat Book 25, page 140 and 141, respectively,
Public ReCords of Palm Beach County, Florida, and
lying Easterly of the Easterly right-of-way line of
the Canal Relocation Right-of-Way as shown on Sheet
18, Section 93220-2411, State of Florida Department
of Transportation Right-of-Way Map of State Road No.
1-95 and Southerly of the Northerly 53.00 feet of
Section 29; and all that part of said TROPIC PALMS,
PLAT NOS. 3 and 4, lying Easterly of the Canal Reloca-
tion Right-of-Way as shown on Florida Department of
Transportation Right-of-Way Map of State Road 1-95,
Section 93220-2411 and lying Easterly of the West 40.00
feet of said Section 29, and lying Southerly of the
North 53.00 feet of said Section 29.
LESS AND EXCEPTING THEREFROM Lots 1251, 1252, 1253
and 1260 of said TROPIC PALMS PLAT NO. 3 AND LESS AND
EXCEPTING all of Germantown Road and Lindell Boulevard
lying East of the Easterly Right-of-Way line of the
Canal Relocation Right-of-Way as shown on Sheet 18,
Section 93220-2411, State of Florida Department of
Transportation Right-of-Way Map of State Road 1-95
and northwest of the right-of-way line of Egret Circle
and Southerly of the following described line:
Commence at the centerline intersection of Lindell
Boulevard and Egret Circle as described according to
the plat of TROPIC PALMS PLAT NO. 4, as recorded in
Plat Book 25, Page 140 of the Public Records of Palm
Beach County, Florida; thence N 43°10'50"W along the
centerline of Lindell Boulevard, a distance of 30.00
feet to a point; thence N 46o49'10"E a distance of
65.00 feet to the Point of Beginning, said point lying
on a curve to the right, having for its elements a
radius of 25.00 feet, and internal angle of 90o00'00"
and a chord bearing of N 88°10'50"W; thence along the
arc of said curve, a distance of 39.27 feet to a point;
thence N 43o10'50"W a distance of 1207.51 feet to a
point; thence N 43°14'30"W, a distance of 633.33 feet
to a point of curvature of a curve to the left having
for its elements a radius of 167.09 feet and an inter-
nal angle of 67o52'24"; thence along the arc of said
curve a distance of 197.94 feet to a point of tangency;
thence S 68o53'06"W a distance of 148.12 feet to the
Point of Termination; and LESS AND EXCEPTING that por-
tion of Gull Road and Redwing Circle, more particularly
described as follows:
Begin at the intersection of the Southwesterly right-of-
way line of Lindell Boulevard and the centerline of Gull
Road; thence N 43°14'30"W along said right-of-way line,
a distance of 55.05 feet to a point on a curve to the
right, having for its elements a radius of 25.00 feet,
a central angle of 90o03'40'' and a chord bearing of
S lO47'20"W; thence along the arc of said curve a dis-
tance of 39.30 feet to a point of tangency; thence
S 46°49'10"W a distance of 179.69 feet to a point of
curvature of a curve to the right, having for its elements
a radius of 25.00 feet and a central angle of 90o00'00";
thence along the arc of said curve a distance of 39.27
feet to a point of tangency; thence N 43°10'50"W along
the Northerly right-of-way line of Redwing Circle a
distance of 211.15 feet to a point of curvature of a
curve to the left having for its elements a radius of
85.00 feet and a central angle of 67o56'04"; thence
along the arc of said curve a distance of 100.78 feet to
a point; said point lying on the westerly boundary of Lot
1260 of TROPIC PALMS PLAT NO. 3; thence S 21o06'54"E
along the said westerly boundary extended a distance of
60.00 feet to a point on a curve having for its elements
a radius of 25.00 feet, a central angle of 67o56'04''
and a chord bearing of S 77o08'52"E; thence along the
arc of said curve a distance of 29.64 feet to a point of
tangency; thence S 43°10'50"E a distance of 211.15 feet
to a point of curvature of a curve to the left, having
for its elements a radius of 85.00 feet and a central
angle of 90o00'00"; thence along the arc of said curve
a distance of 133.52 feet to a point of tangency; thence
N 46°49'10"E a distance of 179.82 feet to a point of
curvature of a curve to the right having for its elements
a radius of 25.00 feet and a central angle of 89o56'20";
thence along the arc of said curve a distance of 39.24
feet to a point on the southwesterly right-of-way of
Lindell Boulevard; thence N 43o14'30"W along said right-
of-way a distance of 54.97 feet to the Point of
Beginning.
AND LESS AND EXCEPTING Audubon Boulevard, Dotterel Road
and all that part of Egret Circle, lying southwesterly
of the northwesterly extension of the northeasterly
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Res. No. 7-75.
line of Jaeger Drive, all of Quail Road and all of
S.W. 4th Avenue, and LESS AND EXCEPTING the plat of
LAKE DELRAY APARTMENTS, as recorded in Plat Book 28,
Page 237 of the Public Records of Palm Beach County,
Florida, and LESS AND EXCEPTING all of Jaeger Drive.
SECTION 2. The City.of Delray Beach does not relinquisk or release
any of its rights granted under that certain easement deed dated January
8, 1975, between Charles E. Schmidt, Jr. and Richard L. Schmidt, Trustees
and Grantors as to Parcel 1, and Charles E. Schmidt, Jr. and Richard L.
Schmidt and John K. Brennan, Trustees and Grantors as to Parcel 2, and
the City of Delray Beach as Grantee, being a temporary easement for
Germantown Road.
SECTION 3. This resolution shall take effect immediately upon
passage.
PASSED AND ADOPTED in regular session on this the 10th day of
February, 1975.
City Clerk
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Res. No. 7-75.