Res 723-49 RESOLUTION NO. 723
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, R~.&TING TO THE PENDING CONTROVERSY BETWE.~ ARTHUR R. THOMPSON AND
LOIS M. THOMPSON, HIS WIFE, AND CITY OF DELRAY BEACH, INVOLVING LOTS TWENTY-
(27) mD TmmT -mG T (2 )(L SS THE SOUTH (5') OF
SEVEN (27)), OF"VISTA DEL MAR, AN ADDITION TO THE CITY OF DELRAY BEACH, FLORI-
DA, INVOLVED IN THAT CERTAIN CAUSE NOW PENDING IN THE CIRCUIT COURT OF PAT~
BEACH COUNTY, FLORIDA, ENTITLED ARTHUR R. THOMPSON AND LOIS M. THOMPSON, HIS
WIFE, PLAINTIFFS, v. CITY OF DELl{AY BEACH, A MUNICIPAL CORPORATION OF FLORIDA,
DEFENDANT, BEING CHANCERY CASE NUMBER 25,373; ACCEPTING A DEED FROM THE
PLAINTIFFS IN THE FOREGOING SUIT AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A DEED ON BEHALF OF THE CITY TO THE FOREGOING PLAINTIFFS, AND SETTING
FORTH THE DETAILS OF THE COMPROMISE AND SETTL~T OF SAID CONTROVERSY.
WHEREA~, Arthur R. Thompson and his wife, Lois M. Thompson, filed
their bill of complaint in the Circuit Court of Palm Beach County, Florida,
on the 14th day of December, 1948, against the City of Delray Beach, to fore-
close a vendor's lien on a portion of Lots Twenty-seven (27) and Twenty-eight
(28), of Vista del Mar, an addition to the City of Delray Beach, Florida; and,
WHEREAS, said suit is now pending and undetermined; and,
WHEREAS, the matters and things involved in said suit are-set forth
in the bill of complaint in said cause; and,
WHEREAS, the parties are desirous of settling and compromising the
matters and things therein set forth, and have agreed upon the terms of such
settlement and compromise;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, as follows:
SECTION I.
The City of Delray Beach agrees that in consideration of the execu-
tion and delivery by Arthur R. Thompson and Lois H. Thompson, his wife, of a
quitclaim deed to the City of Delray Beach, to the property which is the sub-
ject matter of the litigation referred to in the preamble hereof, and herein-
after more particularly described, without cost to the City of Delray Beach,
Florida, the City of Delray Beach, Florida, agrees that the permanent west
boundary of the Ocean Boulevard in front of Lots Twenty-seven (27) and Twenty-
eight (28)(less the South five feet (S5') of Lot Twenty-seven (27)), of Vista
del Mar, an addition to the City of Delray Beach, Florida, shall be and is
hereby determined to be the westerly edge of the lands involved in the bill
of complaint described in the preamble hereto, said line being the west line
of the following described tract of land, to-~[t:
A part of Lots Twenty-seven (27) and Twenty-eight (28)
(less the South five feet (S5') of Lot Twenty-seven
(27)), of Vista del Nar, an addition to the City of
Delray Beach, Florida, according to plat thereof on
file in the office of the Clerk of the Circuit Court
of P~lm Beach County, Florida, and recorded in Plat
Book 13, page 21, more particularly described as follows,
to-wit:
Begin at the northeast corner of Lot Twenty-eight (28)
of Vista del Mar aforesaid; thence west along the north
line of said lot a distance of 12.8 feet to the present
west edge of the paving of Ocean Boulevard; thence south-
erly along the west edge of the paving of the Ocean Boule-
vard a distance of 96.10 feet to a point in a line parallel
to and five feet (5') northerly of the south line of Lot
Twenty-seven (27) aforesaid; thence westerly 12.8 feet on
a line parallel to and five feet (5') northerly of the
south line of Lot Twenty-seven (27) aforesaid, to a point
in the original east line of Lots Twenty-seven (27) and
Twenty-eight (28) of Vista del Mar aforesaid; thence north-
erly along the original east line of Lots Twenty-seven (27)
and Twenty-eight (28), Vista del Mar aforesaid, to the
point of beginning.
SECTION II.
The Mayor and City Clerk are hereby authorized to accept said deed
for the City of Delray Beach and to record the same.
SECTION III.
The Mayor and City Clerk are hereby authorized, for and on behalf of
the City of Delray Beach, to execute and deliver to Arthur R. Thompson and
Lois M. Thompson, his wife, a quitclaim deed to all of that portion of Lots
Twenty-seven (27) and Twenty-eight (28)(less the South five feet (S5')), of
Vista del Mar aforesaid, lying between +~be west boundary of the land described
in Section I hereof, and the substitute line of Ocean Boulevard opposite the
foregoing lands, as set forth in Plat Book 20, page 4, of the public records
of Palm Beach County, Florida, said land being more particularly described as
follows, to-wit:
Starting at the northeast corner of Lot Twenty-eight (28)
of Vista del Mar, an addition to the City of Delray Beach,
Florida, according to plat thereof on file in the office
of the Clerk of the Circuit Court in and for Palm Beach
County, Florida, and recorded in Plat Book 13, page 21;
thence westerly along the north line of said Lot Twenty-
eight (28) a distance of 12.8 feet to the point of be-
ginning of the tract of land herein referred to; thence
continue westerly along the north line of said Lot Twenty-
eight (28) a distance of 17.49 feet; thence southerly a
distance of 96.10 feet to a point in a line parallel to
and five feet (5') north of the south line of Lot Twenty-
seven (27) of Vista del Mar aforesaid; thence easterly
along the line parallel to and five feet (5') north of the
Isouth line of Lot Twenty-seven (27) aforesaid a distance
of 18.61 feet to a point in the west edge of the pavement
of the Ocean Boulevard; thence northerly along the line
parallel to and 12.8 feet westerly of the original east
line of Lots Twenty-seven (27) and Twenty-eight (28) of
Vista del Mar aforesaid (said line being the west edge of
the pavement of Ocean Boulevard) to the point of beginning.
SECTION IV.
The City of Delray Beach agrees for the considerations herein set
forth that if in the Future itl~ ~g~~sh°uld .pro~ve~ ne~c~es, sary to acquire the lands
described in Section III hereo~o~r-st~eet,~ highway or other public purposes,
or such lands and any ~arther portion of said lands of Arthur R. Thompson and
Lois M. Thompson, his wife, or their successors in title, aforesaid, and said
lands are so acquired by emi~ent domain proceedings or otherwise, the said
Arthur R. Thompson and Lois M. Thompson, his wife, or their successors in
title, shall be entitled to recover and be paid not only the fair value of
such additional lands so taken as provided by law, but shall also be entitled
to recover and have paid to them, or their successors in title, the fair value
of the lands described in Section I hereof as of the month of D~ecember, 1947.
SECTION V.
The words "fair value" as used herein shall mean the measure of dam-
ages which a landowner is entitled to receive in condemnation proceedings
under the Constitution and Statutes of the State of Florida and the decisions
of the Supreme Court of Florida construing the same, including attorneys' fees.
SECTION VI.
This resolution .evidences all of the agreements between the parties
hereto, and shall become effective upon its Passage and promulgation in accord~
ance with law, and upon the execution and delivery of the deeds herein re-
ferred to. The delivery of the deed from Arthur R. Thompson and Lois M.
Thompson, his wife, to the City of Delray Beach, and the acceptance of the
deed from the City of Delray Beach by Arthur R. Thompson and Lois M. Thompson,
his wife, shall be deemed an acceptance of the terms, conditions and pro-
visions of this resolution by them.
SECTION VII.
Upon the consummation of the matters and things herein contained,
and upon this resolution becoming effective as herein provided, the City
Attorney is authorized to enter into a stipulation with the attorneys for
Arthur R. Thompson and Lois M. Thompson, his wife, dismissing the suit des-
cribed in the preamble hereto.
PASSED AND ADOPTED this !lth day of Februa~y , A. D. 194 9 -