Res 724-49 RESOLUTION NO .-'~ ·
A RESOLUTION OF THE CITY ~^'~""~ CI~v
~u,.~ CF THE, __ OF DI-LRAY BEACH,
FLORIDA, ACCEPTING A DEED F}~OM GEORGE ~. CID~MINGS AND HEL~E S.
CU}~.~iNGS, HIS t~IFE, AND AUTHORIZIY~ THE MAYOR AND THE CITY
CLERK TO EXECUTE A DEED ON BEHALF OF THE CITY TO ~EORGE R.
~I~nINGS A~D HEL~E 8. CI~'~fI~,~GS, HIS ~IFE, TO AND CONCERNING
LOT ~6 AND THE SOUTH FIVE (~ FEET OF LOT 2~ AND THE SOUTH
FORTY-FO~5{ AND FORTY-FIVE H~fNDREDTHS (44.4~) FEET OF THE EAST
ONE-HALF (E~) OF LOT S~ OF VISTA DEL MAR.
WMEiqEAS, George ~. Cummings, and Helene S. Cummings,
his wife, are the owners of the following described property
located in Palm Beach County, Florida:
Lot twenty-six (28) and the south five
feet (5-~') of Lot twenty-seven (~?)
and the south forty-four and forty-five
hundredths feet (44.45') of the east
m-~) of Lot ~wenty-five (~5)
one-half (~'~
of Vista Del Mar, an additlon to the
City of Delray Beech, Florida, accor-
ding to plat ~hereof on file in the
office of the Cler~ of the Circuit
Court of Palm Beach County, Florida, and
recorded in Plat Book 13, page 21.
WHEREAS, the City of Delray Beach, Florida, and George
R. Cummings, and Helcne S. Cummings his wife, deslrc to settle
any and all controversies and/or future disputes concerning the
aforesaid l.a'oper ty;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Delray Beach,Florida, as follows;
SECTION l: The City of Delr~y Beach, Florida, agrees
that, in consideration of the execution and delivery by George
R. Cummings, and Helene S. Cu~r~lngs, his wife, of a Quit-claim
deed to the City of Delray Beach, Florida, to that l'art or por-
tion of the above described property lying East (E) of the West
(W) paving line of Ocean Boulevard without cost to the City of
Delrsy Beach, Florida, said City of Delray Beach, Florida, egrees
that the ~Jermanent West (W) boundary of the Ocean Boulevard in
front of the above described property shall be and is hereby
determined to be the East twelve and eight tenths feet (E-lg.8')
of the above described property.
SECTION ~: The Mayor and City Cler~ are hereby- auth-
orized %o accept said deed for the City of Delray Beach and to
record the same.
SECTION ~: The Mayor and City Clerk are hereby auth-
orized, for and on behalf of the City of Delray Beach, Florida,
to execute end deliver to said George R. Cummings, and Helene S.
Cummings, his wife a Quit-Claim deed to all
that part of the above described property lying West (W) of the
East twelve and eight tenths feet (E-12.8') thereof.
SECTION 4: The City of Delray Beach, Florida, agrees
for the considerations herein stated forthwith, that, if in the
future, it should prove necessary for the said City to acquire
any part of the above described property lying West (W) of the
East twelve and eight tenths feet ( E-12.8~) thereof for street,
highway, or other public purposes, and said part is so acquired
by eminent domain proceedings, or otherwise, the said George R.
Cummings and Helene S. Cum~ings, his wife, or their success-
ors in title, shall be entitled to recover or be paid not only
the fair value of such part so taken, but shall al~o be entitled
to recover or have paid to them, or their successors in title,
the fair value of the lands being described as the East twelve
and eight tenths .feet (E-12.8') of the above described property.
SECTION 5: The words "fair value" as used herein
shall mean the measure of damages 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 6: This resolution evidences all of the
agreements between the parties hereto, and shell become effective
upon its passage and promulgation in accordance with law, and
upon the execution and delivery of the deeds herein referred to.
The delivery of the deed from George R. Cummings, and Helene $.
Cummings, his wife, to the Cit~ of Delray Beech, Florida, and the
acceptance of the deed from the City of Delrsy Beach, Florida, by
George R. Cummings and Helene S. Cummings, his wife, shall be
deemed an acceptance of the terms, conditions and provisions of
this resolution by them.
PASSED AMD ADOPTED this llth day of February, A.D. 1949