Res 1446-63 RE~UTI0~ G~NTD~G L~CENSE TO CEIqT~
A~D ~~ F~ ~ ~R~ DIS-
TRI~ ~ ~IZE ~A~ S~ET RI~TS
~~ ~he Central ~ S~the~ Florida Flo~ Control Dis~ric~ has
requested ~he Board o[ City C~issi~ers to sr~t i~ pe~nent ease~nts upon
se~nts of the rights of ~y of Spanish Trail and Lilac Drive to be utilized
for the purpose of constructi~ and ~inten~ce of Canal C-15 (Lateral 38 Ex-
tension); and
~~, the constructi~ and prier ~intenance of said Canal appears
to be in the public interest and for the public convenience and welfare, and
for the public benefit~ and ~ecessary for car~ing ~t the works of l~rovement
of Central and Southern Florida Flo~ Control District, and the B~rd of City
C~issi~ers is desirous of co~erating to the fullest ~tent with the Distric .
H~ever, since the City does not ~ the fee title to said rights of way, and
is vested only with ease~nts thereto for public street pu~oses, the Board
entertains doubt as to the pr~riety of granting the pe~nent ease~nts re-
quested. The Board deems it advisable to acc~lish the purposes desired by
~ans of a license or pe~it~ instead of by eas~ent~ ~on the conditions here-
inafter set forth;
NOW, T~O~, BE IT ~SOL~ BY T~ ~ OF C~ISSIONE~ OF T~
CI~ OF DEL~Y B~, F~, t~t the Central and Southern Florida Flood
Control District be and it i8 hereby granted a perpetual license or pe~it to
use for the pu~ose of const~ction and ~intenance of Canal C-15 (Lateral 38
Extension) the foll~ing se~nts or portions of the foll~ing street rights
of way~ to wit:
All that part of Spanish Trail, Tr~ic Isle, Section 4~ Del-
ray Beach, Florida, a su~ivision tn Section 33~ To, ship 46
South, Range 43 East, accordt~ to the plat thereof~ as re-
corded in Plat Book 25, pa~e 69 and 70, Palm Beach County~
Florida, public records, lyin~ 210.~ feet Northerly of, con-
tiguous, parallel a~ as ~as~red at right angles to the
Westerly prolo~atto~ of the North right of way line of Lilac
Drive;
~D~ All that part of Lilac Drive, of said Tr~ic Isle~ Secti~
4, lying Northerly of the Easterly prolongation of the South
line of Lot 577, said Tr~ic Isle, Section 4.
That this license or permit is given upon the condition and with the
express understanding that the use thereof shall not in anywise impede or
interfere with the public use of said streets; and that in the event the right
of way se~ents are not used for the purposes aforesaid or abandoned, the same
shall automatically revert to the City; and that the City shall have the right
to construct or -~-intain bridges over said canal in con]unction with said
streets; and upon the con~ltion that the Central and Southern Florida Flood
Control District shall i~e~m%ify and hold harmless the City of Delray Beach
for any and all claim~ or damages arising out of the license herein granted.
The foregoing Resolution was offered by Coz~nissioner Mi". Talbot
, w~o moved its adoption. The motion was seconded by
Commissioner M2'. Woodard , and upon being put to a vote, the
vote was as follows:
MP. Avery Yes
Mr. Barrow Yes
Mayor Dietz Yes
Mr. Talbot Yes
Mr. Woodard Yes
The Ms, or thereupon declared the Resolution duly adopted and
passed this ~th day of April , 1963.
CITY COI~CIL
CITY OF DELRAY BEACh, FLORIDA
MAYO}{
City C lerkf