Res 1416-62 RESOLUTION GRANTINO LICENSE TO 0E~TRAL
AWO s0 n Jm LOR DA FLOOD CONTROL DIS-
TRICT TO ~TILIZE CERTAIN ST~ RIGHT
WAY FOR C 0 ST CTIO AIN-
TENANCE OF CANAL C-15 (LATERAL 38 EX-
TE SI0e).
WHERF~S, the Central and Southern Florida Floo~ Control Dis
trict has requested the City Council to grant it a permanent ease-
ment upon a segment of the right of way of Brant Drive to be ut-
ilized for the ~urpose of construction and maintenance of Canal
C-15 (Lateral 35 Extension); and
WHEREAS, the construction and proper maintenance of said
Canal appears to be in the public interest and for the public con-
venience and welfare, and for the public benefit, and necessax-y fo~
carrying out the works of improvement of Central and Southern
a Flood Control District, and the City Council is desirous
-of cooperating to the fullest extent with the District. However,
since the City does not own the fee title to said right of way,
and is vested only with easements therete for public street pur-
poses, the Council entertains doubt as to the propriety of grant-
ing the permanent easement requested. The Council deems it advis-
able to accomplish the purposes desired by means of a license or
permit, instead of by easement, upon the conditions hereinafter se~
forth;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DEIRAY BEACH, FLORIDA, that the Central and Southern Flo-
rida Flood Control District be and it is hereby granted a perpetua:
license or permit to use for the8Purp°se3 of construction and main-
tenance of Canal 0-15 (Lateral Extension) the following segment
or portion of the following street right of way, to wit;
Ail that part of the right of way for Brant Drive, as
shown on the plat of THOPIC PALMS, PLAT NO. 1, a sub-
division according to the plat. thereof, as recorded in
Plat Book 25, page 101, Palm Beach County, Florida,
public records, lying within the South 100 feet of
Section 29, Township 46 South, Range 43 East.
That this license or permit is given upon the condition and
with the expmess understanding that the use thereof shall not in
anywise impede or interfere with the public use of said street;
and that in the event the right of way segment is not used for the
purposes aforesaid or abandoned, the same shall automatically reve=
ito the City~ and that the City shall have the right to construct o2
~maintain a bridge over said canal in conjunction with said street;
and upon the condition that the Central and Southern Florida Flood
iControl District shall indemnify and hold harmless the City of
i Delray Beach for any and all claims or damages arising out of the
license herein granted.
PASSED AND ADOPTED by the City Cuuncil~ of the City of Delra
Beach, Florida, on this 2J4th day of September 1962.
ATTEST: // ' M A Y 0 ~/