Res 63-74 Void-Withdrawn (VOID)
RESOLUTION NO. 63-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING
ROAD RIGHT-OF-WAY AND EASEMENT OF LINDELL
BOULEVARD FROM THE INTERSECTION OF EGRET CIRCLE
NORTH TO THE INTERSECTION OF THE NORTHEASTERLY
EXTENSION OF THE SOUTHEASTERLY BOUNDARY LINE OF
LOT 1253 OF TROPIC PALMS PLAT NO. 3, DELRAY
BEACH, FLORIDA AND PORTIONS O~~ TROPIC PAI~qS
PLAT NOS. 3 AS~D 4.
~q{EREAS, 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 De!ray Beach for abandonment of the
easement rights-of-way and the plat of the subject property; and,
WHEREAS, Charles E. Schmidt, Jr., Richard L. Schmidt and John K.
Brennan, as Trustees of the owners of all the property abutting Lindell
Boulevard from the intersection of Egret Circle north to the intersection
of the northeasterly extension of the southeasterly boundary line of Lot
1253 of Tropic Palms Plat No. 3, Delray Beach, Florida, have granted, a
perpetual easement for road right-of-way and utility purposes over the
same property until such time as the platting, dedication and construction
of roads providing an alternate right-of-way for road and utilities to be
installed at the owners' cost and the acceptance thereof by the city at
which time the perpetual easement will be vacated, all pursuant to an
easement deed dated September 12, 1974, granted by Charles E. Schmidt, Jr.,
Richard L. Schmidt and John K. Brennan, as Trustees of the owners of all
the property; and,
WHEREAS, the City Council deems it to be in the best interest
of the City to abandon said right-of-Way and utility easement subject to
the terms of the above easement deed dated September 12, 1974,
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 determined
to vacate and abandon the following easement right-of-way 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 Bock 25,
Pages 137 through l J9 and Plat Book 25, Pages 140 and 141,
respectively, Public Records of Palm Beach County, Florida,
and lying easterly of ~he 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 Relocation Right-of-Way, as shown on Florida Depart-
ment 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 and LESS AND EXCEPTING THEREFROM all that
part of the southwest 60.00 feet of Lindell Boulevard
lying northwesterly of the northeasterly extension of
the southeasterly line of said Lot 1253; and LESS AND
EXCEPTING all that part of Germantown Road lying within
60.00 feet of the northerly boundary of said Lots 1251,
1252 and 1253; and LESS AND EXCEPTING THEREFROM the
"LAKE" Tract "A", Tract "B" and Lots 875 through 884
inclusive and LESS AND EXCEPTING THEREFROM Audubon
Boulevard, Dotterel Road, all that part of Lindell
Boulevard lying southeasterly of the southwesterly
extension of the southeast line of Lot 990, all that
part of Egret Circle, lying southwesterly of the north-
westerly extension of the northeasterly line of Jaeger
Drive, all of Quail Road and all of S. W. 4th Avenue.
SECTION 2. That the City Council hereby accepts the terms and
conditions of the easement deed dated September 12, 1974, by Charles Eo
Schmidt, Jr., Richard L. Schmidt and John K. Brennan, as Trustees of the
owners of all the property.
SECTION 3. This resolution shall take effect immediately upon
passage.
PASSED AND ADOPTED in regular session on this the day of
MAYOR
ATTEST:
City Clerk
VOID - WITHDRAWN - Sept. 23, 1974
- 2 - Reso. No. 63-74