Res 35-68 RESOLUTION NO. 35-68.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING PORTIONS OF EASEMEi~S AS
SHOWN ON PLAT RECORDED IN PLAT BOOK 4,
PAGE 31, OF THE PUBLIC RECORDS OF PALM
BEACH COUI~Y, FLORIDA.
~EREAS, DELRAY GULFSTREAM, INC., has made applica-
tion to the City Council of the City of Delray Beach, Florida,
to vacate.certain portions of easements appearing in Plat Book
4 Page 51, of the Public Records of said Palm Beach County, ,
Florida; and
~EREAS, an 'Easement', providing for relocation of
all public utilities now located within the easements being
vacated, has been furnished the City of Delray Beach and rec-
orded in the public records of Palm Beach County, Florida,
appearing in O.R. 1447, Page 584.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
That pursuant to paragraph three of Section seven of
the City Charter of the City of Delray Beach Florida~ We here-
by declare abandonment of the following portions of easements
referred to hereinabove and described as follows:
An easement over the north six (6) feet
of Lots 1 and 2; also over the east six
(6) feet of said Lot 1 and over the east
six (6) feet of the south forty (40) feet
of Lot 28; Lots 1, 2 and 28 being in
SEABREEZE PARK, Block 156, per Plat Book
4, Page 31 of the Public Records of Palm
Beach County, Florida.
PASSED and ADOPTED this 12th day of August, 1968.
MAYOR
ATTEST:
City . ~.
ETU N TO:
City of Delray Beach
P. O. Box 2469
Delray Beach, Florida
m~,:., ~ ~n B. Dunkle
GRINGLE ~, ,SPINNER
ATTORNEYS AT LAW TELEPHONES
SO1 EAST ATLANTIC AVENUE CK. ~.-4133-34
PAUL E, GI~INGLE DELRAY BEACH, FLORIDA 53444 MAILING ADDRESS
jo~ ~. ~ August ~ ~, 1968 ~. o. ~o~ ~,o~
Mr. Robert D. Worthing
City Clerk
Delray Beach City Hall
Delray Beach, Florida
Re: Abandonment of public utility easement,
Lots 1 and 2 and Lots 1 and 28, Seabreeze Park
Dear Mr. Worthing:
Please be advised that our firm represents Delray-Gulfstream, Inc.,
the owner of the subject property. It is my understanding that
Mr. Radebaugh, one of the principals.of the corporation, has been
in touch with your office with reference to obtaining an abandonment
of the present public utility easement as shown on the plat of Seabreeze
Park, recorded in Plat Bo:)k No. 4, Page 31, of the Public Records of
Palm Beach County, Florida.
Please be advised that in order to facilitate the construction of
the contemplated hotel, we will require an abandonment of the follow-
ing easement:
A 6 foot easement for public utilities along the northerly
portion of Lots 1 and 2, easterly portion of Lot I and
easterly portion of South 40 feet of Lot 28 on plat recorded
in Plat Book No. 4, Page 31 of the Public Records of Palm
Beach County, Florida.
Mr. Radebaugh has informed me that he has agreed to a relocation of the
easement for service, that being or runnin~ east and west over the
North 5 feet of the South 40 feet of Lot 28, Seabreeze Park
I would appreciate receiving a recordable abandonment form from your
office as soon as possible, since the mortgagee, First Federal Savings
and Loan Association of Broward County, is holding up disbursement of
all funds until an abandonment is obtained.
Very truly yours,
GRINGLE & SPINNER
JWS:dp By '"'~:~ · .
/. ~ John W. Spinn~
TO GH CO NY
FLORIDA P W
240 N. E. 2ND AVENUE
P. O. BOX 2409
DE:I-RAY BEACH, FLORIDA
J. L. BR££OI.OV£ 33444
MANAGBR
August 6, 1968
Mr. David Gatchel
City Manager
City of Delray Beach
Delray Beach, Florida 33444
Dear Mr. Gatchel:
Mr. John W. Spinner of Gringle & Spinner, Attorneys for Delray-
Gulfstream, Inc., has requested our abandonment of our rights of use
of a utility easement located in the Delray-Gulfstream Corporation
property as recorded in Plat Book No. 4, page 31 of the P~lic Records
of Pa~ Beach County and described as follows:
"A 6 foot easement for public utilities along the
northerly portions of Lots 1 and 2, the easterly
portion of Lot 1 and easterly portion of the south
40 feet of Lot 28, Seabreeze Park."
We have removed our facilities from this easement and willingly
abandon our rights to any future use of this easement.
Sincerely,
MJ~~n~e~reed love
JLB-JWG:ag
cc: Mr. John W. Spinner