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02-25-58SpMtg FEBRUARY 25TH, 1958. A Special Meeting of the City Council was held in the City Hall at A:O0 P.M., with Mayor J. LeRoy Croft in the Chair, City Manager V~T. E. Lawson Jr., City Attorney Harry T. Newett and Councilmen - Col. Dugal G. Campbell, Fred B. McNeese, George V~. Talbot Jr., and George V. ~arren, City Manager Lawson then proceeded to read Resolution No. 1092: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING A PUBLIC HEARING OF THE CONFIRMITION OF THE SALE OF THE CITY GOLF COURSE AND CERTAIN OTHER PROPERTY TO THE GRI~.~ES FOUNDATION. (here appears copy_) Photo Copy of Res. 1092, see ~!J;-A th~u 44-D. Commissioner Campbell requested explanation of Par (f), Sec. III, Page $, and was advised by the City Attorney that, in case of litiga- tion, the Courts would immediately assume jurisdiction, otherwise there appears sufficient time between the Public Hearing date of March lath and proposed Council meeting of March $1st for proper study and - consideration of all pertinent data resulting from said Public Hearing. Commissioner Campbell then moved for adoption of Resolution No. 1092 as amended and requested official signing of same by all inter- ested parties to evidence complete understanding thereof. Motion was seconded by Commissioner McNeese and unanimously passed. MEETING ADJOURNED R. D. WORTHING APPROVED: - City Clerk RESOLUTION NO. 1090. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUIRING PLANS, SPECIFI- CATIONS AND ESTI-~ATE OF COST FOR CONSTRUCTION OF STOR~ DRAINS ON CASUAl{INA ROAD, TOGETHER ~ITH THE INSTALLATION OF CATCH BASINS, MAN-HOLES AND APPURTENANCES IN CONJUNCTION WITH SUCH STOP~ DRAINS. BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, as follows: 1. That the City Manager shall secure plans, specifications and estimate of cost for the construction of Storm Drains and appurtenances on Casuarina Road, together with the installation of necessary Catch Ba- sins and Man-Holes in conjunction with such Storm Drains to drain an a- rea to be determined as the Drain Field Area and lying within that sec- tion of land bounded by; Beginning at the intersection of the center line of the right- of-way of State Road No. A1A (formerly State Road No. 140) with the north line of Section 21, Township 46 South, Range 43 East; thence south- westerly to the northwesterly corner of Lot 2, Block 2, Seagate Section 'A'; thence southerly along the westerly line of Lots 2 and $, Block 2, to the northeasterly corner of Lot 6, Block 2; thence westerly along the northerly line of Lot 6, Block 2, to the northwesterly corner there- of; thence westerly across Seagate Drive to the southeasterly corner of Lot l, Block 12; thence westerly along the southerly line of Lot 1, Blk. 12 to the southwest corner thereof; thence northwesterly to an intersec- tion of the north line of Section 21, Township 46 South, Range 43 East with the northerly extension of the center line of the right-of-way of Coralita Lane; thence southwesterly to the Southeast corner of Lot 6 in Block 13; thence westerly along the south line of Lot 6, Block 13 across Sea Sage Drive and along the South line of Lot 1, Block 14, to a point 50 feet east of the southwest corner of Lot 1, Block 14; thence northerly parallel to the west line of Lot 1, Block 14 to a point 50 feet north of the south line of Lot 1, Block 14; thence westerly parallel to the north line of Section 21, Township 46 South, Range 45 East to a point in a curve concentric with the curve forming the westerly boundary of Lot X, Seagate Section "A" and having a radius of 25 feet; thence westerly along the arc of said curve to the northerly end thereof; thence northerly along the tangent to said curve to the north line of Section 21, Township 46 South, Range 43 East; thence easterly along the north line of Section 21, Township 46 South, Range 48 East to a point in the southerly extension of the west line of Lot 8, Block K, John B. Reid's Village; thence nor- line to the northwest corner of Lot 8, Block K; therly along said west thence southeasterly to the intersection of the center line of the right- of-way of Venetian Drive with the north line of Section 21, Township 46 South, Range 43 East, being also the south line of Section 16, Township 46 South, Range 43 East; thence northeasterly to the northwest corner of Lot ?, Block H; thence easterly along the north line of Lots ? and 6, Block ~ to the northeast corner of Lot 6, Block H; thence northeasterly to the intersection of the center line of the right-of-way of Gleason Street with the westerly extension of the north line of Beach Lot $1; of the plat of Fractional East Half of Section 16, Township 46 South, Range 48 East; thence easterly along the westerly extenaion of and along the north line of Beach Lot $1, a distance of 240 feet; thence northerly at right an~les to the preceding course, to the north line of Beach Lot 30; thence northeasterly to the intersection of the east line of Beach Lot 29 with the center line of the right-of-way of Shulson Street; thence easterly along the easterly extension of the center line of Shulson Street to the center line of State Road No. A1A; thence southerly along the center line of State Road No. Ai~ to the point of beginning. 2. That such plans, specifications and estimate of cost shall be placed on file in the office of the City' ~anager, in the City Hall. PASSED AND ADOPTED ~his tmenty-fourth (24th) day of February, A. D. 1958. RES0LUTIO~ N0. 1091 ~S, t~e City C~uncil of the Cit7 of Delray Beach, Florida, did, on the ~th day of Pebrual-y, A. De 19.~8, adopt a Resolution Nco 1090 o~- derin~ the City Na~ager to prepare plans and speolficatl~n~ for certain stor~ drains, ~ ~ est~ate of t~ cost of ~eh ~v~ent to be placed on file in the office of the Cit~ · ~, ~0~, BE IT ~SOL~ b2 ~e Cit2 Co--il of ~e Clt2 of ~ay ~ach, ~o~ida, t~t it la detemined to ~e ~e follo~ dee- o~lb~ ~ov~t, to-wit: CO~S~UCT~ON OF ~ ~e~r ~aina on Casuari~ Road in ~ction ~-1~, aa ~o~ on Sto~ Drain.s S2at~ S~ey File T. F. l~, ~ t~ ina~la- tics of ~eeaa~ catch ~a~a, a~holea aM p~te~ee ia conJ~tion ~th ~ sto~ ~a~, ~e ~t~ ear.ted ~oat off ~h ~provement $11.1~.~ BE ~T ~~ R~OL~ ~at ~ ~ti~e coat of ~oh a~l be a~red by the City of ~1~2 Beae~ ~orida, md ~e fo~o~ deao~ibed p~ertiea ~ ~l~ay ~, ~ ~aoh Cowry, ~o~ida, ena basle off Delsey Beach payi~ t~n~2 ~ oent of the coat of said ~ov~ ment ~d t~ property o~e~e of ~ld p~e~tiee, ei~t2 pe~ cent of ~ total eoe~J ~ Se~ate 'A~ P~t ct ~t 1 1~,1~ 12 ' ~ P~t of ~ot 6 7,167 13 " " ' " " 1 7,167 13 ' " ~ ~ ~, 335 1~ " " " 1 12, 500 lk " " P~ of ~ X 27,100 Jo~ B. ~ei4'a ~ " ~t of ~t 8 7,983 Part of the N 88.~~ of 0ce~ Bea~ ~t ~9 less W 150' 5,310 " ~ ' S ~.~, " " ' " ~ " W 150' 7,282 Oce~ Beach ~t 30 ~ss the W ~' ~d t~ ~ 1~ thereof ~ of 0ee~ Beach ~t 31 and the S 1~ of ~ean Beaoh ~t 30 35,3~8 The S 79.~ of 0ce~ Beach Lot 31 le~s the W 1~%~ 23,~00 W 12%' of S.79.2, of Ocean Beach ~t 31 9, The N 100, of Oce~ Beach ~t 32 ~1,700 The S 59.~' of 0ce~ Beach Lot 32 leas the W ~70~ of 8,100 E 100' of W 270' of S 59.2' of Ocean Beach Lot 32 5,9~0 W 170' of S 59.2' of Ocean Beach Lot 32 10,098 said benefits to be determined within the Drain Field area in propor- tion to the benefits which will accrue to said lands. AND BE IT FURTHER RESOLVED that said special assesgments against ail of the lots and lands as set forth herein, which are specially ben- efitted, shall be and remain liens superior in dignity to all other liens, except liens for taxes, until paid, from the date of the asses- merit upon the respective lots and parcels.o~ land assessed, and which shall bear interest at the ~a~e of eight (8) per cent per annum, and which may be pai~ in tkeee (3) equa£ yearly installments with accrued imterest on all deferred payments. Payments shall be made at the same place that taxes payable to the City of Delray Beach are paid, namely, at the office of the City Tax Collector, and upon failure of any proper- ty owner to pay any annual installment due, or any part thereof, or any annual interest upon deferred payments, the City of Delray Beach may bring necessary legal proceedings by a Bill in C~ancery to enforce pay- ment thereof with all accrue~ interest, together with all legal costs incurred, including a reasonable attorney's fee. The total amount of any lien may be paid in full at any time, with interest from the date of assessment. IT IS ORDERED that the City Council shall sit at the City Hall, in the City of Delray Beach, Florida, at 7:30 P.M., ohM arch lOth, 1958, for the pm-pose of hearing objections, if any, on said proposed improve- ment, as set forth herein. ADOPTED by the City Council of the City of Delray Beach, Florida, on this the 24th day of February, A. D. 1958. RESOLUTION OF ~E CITY COUNCIL CF T~ OlTY OF D~Y b~OH~ FLORI~, CALLING A PUBLI~ HEARING OF THE CO'f~TiON O~~ THE SALE 0F THE CITY ~Li-' COURSE AND CERTkI~ OT}~R PROPER~ ~1~. 'PH~ 'JRI~ PO~I~IO~. ~~S, the City Co~cll by lt~ Re~olutton No. 1065 adopted A~st 12, 195T, ~ended by Re~olutlon No. 1069 adop~e8 September 9, 195Y, provided fo~ ~he sale of the m~ieip~tl golf course ~ othe~ city o~ed real estate, subject to celt,.In restrictions, reservations ~d conditions; ~d ~R~S, ~e Grimes Fo~dmtion, a charitable co~poration, made the ouly bid on the property ~d paid to the City the ~o~t of its bid~ the s~ o~ Three H~u~ed Fifty Thoum~d ~llarm ($350,000.00); ~d W~S, at the ~e of closing the purc~ase irreg~a~ities in the advertising were fo~d to exist ~d t~e City ~d th~ p~chaser were ~able to agree on some of ~he detailed provisions of ~e; ~d Wi~S, the p~ties ~ave now come to ~ agreement on bhe matters in dispute ~d the members of ~he City Co~ctl wish ~ve a puOlic hea~ing on the fin~ te~s of the s~e; NOW, T~0~, ~E IT RESOL'TED, BY Tt~ CITY CO~CIL OF T~ CITY OF D~Y B~CH, F~RIDA, in speci~ se~ion assembled the 2~th day of Feb~ua~, 19~8, as follows: 1. A public he~ing is c~led to be held in the City H~.l of ~lray Beach at 4:00 o'clock P. M. on March 14, 19~8, on th~ question of the confirmation of the s~e of the m~icipal golf cou~e ~d certain othe~ clt~ property to The Grimes Fo~datton on the te~s hereinafter set forth. II. The te~ ~d conditions of the s~e a~e as follows: (1) ~e Cit~ sells ~o The Grimes ~dation, a corporation the following described City o~ed re~ estate mltuated P~ Beac~ Co~ty, ~orida, to-wit: T~CT ONE: ~at part of ~he Northeast Quoter of the Southwest Qu~te~ lying South of State Road No. 806, less the West 230 feet; Shat pa~ of the West H~f of t~e Southwest Qu~te~ of the No~th- wes~ Quoter of t~e Southeast Quoter lying South of Stat~ Road No. 806, ~d west of the Dr~nage C~ E-4, ~d the Southeast Quoter of Southwest Quarter, less ~he West 2~0 feet; ~d that part of the ~est Quarte~ of ~ne Southwest Quarter of the Seuthea~$ Qu~er lying West of the Dr~nage C~ E-4; ~l lying in 18, To~p 46 South, R~ge ~ East. ~d the North H~f of the Northeast Quoter of Northwest Qu~ ter less the West 2~0 feet, the South ~0 feet, ~d East 200 feet of W~et 4~0 feet of No~th 1~0 feet of South 200 feet, ~d South h~f of Northeast Quarter of Northwest Quarter le~ t~ We~t 6~6 feet; ~d the Southeast Quarter of Northwest Qu~te~, less the West 80 feet; ~d that p~t of the No~th h~f of Qu~te~ of Northwest Quarte~ of No~theas~ Qua~te~, lying West of D~ainag~ C~ E-4; ~d Southwest ~ua~ter of Northeast Quarte~, le~ Drainage C~al E-4; all In Section 19, To~shtp ~6 South, R~ge 43 East. ~SS PARCELS of l~d described in Tract ~o (which ~e also conveyed, but excepted from description of Panel One). as s?~ow:'~ ~;~.~ PJ~at ?). 1 of ~L.'.:u~.~.~od Subd~vJ.s:~ovl, recorded in Fla~ East, ~fe~:.t can~a~-!in~ cf saJ:'i '?.ect;'~oz: 19, fop 1:.he Point of way l~.ne of Homewood :3o~evaz. O., as 3ho~ on said ?let ~;o. 1 of domewocd Sabdlvision, a dis~a:7:~:e of ;.~0.00 feet; thence ~orth- e~st~rJL~- a~.. ~ angle a.f i?qc ;i. ~' measured from a...~uth to east a dl..' ~,,a:':ce cf 2~i.]50. fee~," thence ..~';orther~ ~ · and para!io~_ to said East right-of-way line of tiomewood 3o~evard a distance of J~GO.OO feet; tr~enc~ ~asterJ.~y at an ~ngle of ;-~7o O0~ 00", measured from South to West a distance aY 300.00 feetj taence Northerly a d.i.~tance o! 2~0.00 feet mope cr less, to the i'oint of intersect!on of the So~.~th right-of-way Line of ~.;o[fview Drive as abcom on said Plat Uo~ I of z. omewood Subd~vzsion; the::ce Westerly along smd South right-of-way l~.ne a ~stm]ce of 596.40 feet, more or !ess to tee East right-of-way line of said homewood Bo~.evard, thence Southerly ~ong s~d East right-of-way line a distance of f~et mo~e or less, to the Point of ~eginnlng. Said tract containing 21.90 acres more or less. aND teat p~t of the South ~ of the Northwest Quoter of the ~$ort?~ea~t Quoter of Section ].9, :Fo~s~p ~$6 Sout~, R~ge 43 ~:ast, described as follows: Co~uence at the Northeast corner of the South h~f of the North-- west Quarter of the Northeast Quarter of Section !9, To~.ship 46 South, Range 43 East, for tee Point of Beginning; thence So,~therly ~ong the East line of said South ~alf of ]~orthwest Quarter of t'ne Northeast Quarter of S~ctton '[9, a distance of 400.0 feet, thenc~ Westerly and p~alie! to the U, orta line cf said South [~.f of Northwest Quarter of ?~ortheast ~uarter, Section 19, a distal, ce of 200 feet, thence Northerly ~.d parallel to said East line of South h~f of Northwest Quarter of Northeast Quarter of Section 19, a di~tmce of 200.0 feet, thence Southwesterly a% ~ angle of 62° 40' 01" measured f~m South to Southwest a dist~ce of 776.93 fe,~t, more or less, to a point in the East right-of-way line of L~e Worth Drainage District C~ No. E-4; thence Nortmerly ~ong s~d East ~ight-of-way line a dist,.ce of 550 feet mo~e or less, to a point In the North line of said South h~f of North- west Quarter of the Northeast Quarter of Section 19, thence E~te~ly ~ong said No~t~ line of said South h~f of the No,th- west Ru~ter of the Nortaeast 2u~ter a dlst~ce of 890.98 feet, l~ore or less, to the Point of Be~nning. Said tract containing 7.79 acres more or less. ~ that p~t of the Southwest Qua, tar of the Northeast Quarter oi' Section 19, Township 46 So,~th, R~ge 43 East, described ~ follows: Comuence at the Southeast corner of the Southwest Quarter of the Northeast Quoter of Section 19, To,ship 46 South, R~ge 43 Es. st, for the Point of Begi~ing; t~ence Westerly ~ong the South lin~ of s~d Southwest Quoter of the Northeast Quarter of Section 19, a distance of 125.0 feet; thence Northerly at ~ ~le of 80° 21' 20", measured from East to North a ~st~ce of 1~2.1~ fe~t~ thence Easterly ~d parallel to said South llne of the South west Quarter of the Northeast Quarter a ~stance of 100.0 feet more or less to a point in the East line of said Southwest Quarte~ of the Nort[~east Quarter; thence Southerly ~ong said East line of sai~ [:outhwest Quarter of the Nortaeast Qua~'te~ a dist~ce of 1~.0.0 i~et more or less to the Point oi' Beginning. Saic~. tract containi~g 0.39 acres more or ].ess. AaD Lots 1 t~pough 2~3 inclusive, ~LFIE~ ~TAT~, ~lray 5each, ac~:.z.~ia~%~ ~o t~e plat: t~:~m'~I~ on file in the office of the Clerk ~; C~:,.e C~.~c~it ?o~z't: '.u ~; fc;r ~m Beach Co~ty, ~orida. recorde.~ in Plat Book 24, page 50,, ~i~3GETHER with all improvements located thereon, and the equip- ment, f~rniture and fixtures now used in the operation and main- tenance of the Golf Course, Club ~iouse and other buildings as shown on the ir~ventory on file ~.n 't?~e off]~ce of the City Clerk of DeLr~y Beach; ~'o? t'~e sum of Three ihundred ?ifty T~ousand Dollars ($3~0,000.00). {2) The deed of conveya~uce to ~e Grimes Foundation s~all be a fee simp].e deed and shall contai~ substantially the following covenants, restrictions and conditions which are accepted by said Foundation and which s~all be construed as covenants running with the land and s~all bind the said Founda~ion, it successors and assigns: (a) Tract One is restricted to be 'used solely for a private golf course and private recreation area for a period of h~'lfty (50) years from the date of the deed of conveyance. Accordingly, during the period of tis ownership, but ~ot exceeding Fifty (50) years, The Grimes Foundation is to operate and maintain the pr~mises described as Tract No. 1 for the purpose of operation of a private golf course. In the event of transfer of Tract No. 1 by The Grimes Fotnudation before the expiration of said Fifty (50) years period then t~e successors and assigns of The Grimes Foundation shall be bound by this provision in the same manne~? and to the same extent. (b) At any time during the 21st year from the date of said deed, the City of Delray Beach, Florida, is given the option and privilege to re-purchase Tract ~,~o. 1 at the fair market value thereof. The City shall give notice in writing of the exercise of said privilege, and shall have one year from the date of said notice to consummate closing of t~e re-purchase. If the interested parties cannot agree on the fair value of the property to be purchased, then the fa~ market value shall be determined by a board' of three appraisers, one to be selected by the owner, one by the City, and the other by the two so selected, and the de- cizion of said three appraisers as to the fair market value of said property saall be final. (c) In the event The Grimes Foundation decides to sell T~act Ro. 1 at any time prior to the expiration of Fifty (50) yea~s from the date of said deed, t~e City of Del~,ay Beach, Florida shall have tne right of the first refusal to repurchase Tract One on terms the same as those of any bona fide acceptable offer to pu~- chase said Tract One from The Grimes Foundation,its successors and assigns. (d) In the event that The Grimes Foundation decides to sell T~a:~t No. l, it shall give the City of Delray 8each notice in writing of t~e intended sale, and te~ms thereof, and the City shall ~ave Thirty (30) days from receipt of such written notice ' to decide ,,~hether it desires to exercise its right of first ~e- fusal to purchase, and the City shall have a period of One (1) yea~ thereafter to conduct necessary procedure for the operation, financing of the purchase, and closing. In the event that The Grimes Foundation decides to sell TI-act No. i and it has been notified by the City of Delray Beach of its decision not to repurchase; or after the Thirty (30) day notice given to make a decision upon the right of first refusal has ex- ! pired, nothing contained in the foregoing provision shall p~event 'The Grimes Foundation from selling Tract No. i subject to the re- strictions contained In paragraphs (a), (b) and (c) score. (e) If, prior to tae expiration of Fifty (~0) yea~s from the date of said deed, a sale is made of Tract No. 1 by The Grimes Foundation to a third party, other than the City of Delray Beach Florida, the restrictions conta£r~ed in paragraphs (a), (b), (c) and (d) ahoy® shall be binding upon its successors and assigns. ~III. General conditions not to be inserted in the Deed of con- i veyance, but applicable to the sale are as follows: (f) City Council shall meet one week after the public hearirg called pursuant to theprowisior:~s of Paragraph (1) hereof, and upor, consideration of any objections filed at the public hearing either' confirm the sale or finally reject the bid of The Grimes Foundation and return the full consideration of Three Hundred Fifty _~ousand Dollars ($J50,000.O0) to The Grimes Fo,andation forthwith. Upon confi~mation The Grimes Foundation shall have reasonable time but not longer than Ten (10) days to receive final word f~om the Palm Beach Abstract & Title Company that its application for title insurance has been accepted and that title is insurable without exception, except those herein provided for. In the event said title company reports that the title is not so insurable the City shall refund the consideration price to The Grimes Foundation forthwith. Otherwise, u?on the receipt of notice that t~e title is so insurable, the Deed, Bill of Sale and full possession of the.. premises s~all be delivered immediately to The Griu~es Foundation. (g) The pPoperty will be offered free and clear of liens, claims and encumbrances, subjec~, however, to rights-'l-wa~, re- strictions arid easezner~ts of reco~d a~d such otker matters as a visual in~pectio~, of the prolcert~- would d.isclcse. (a) }~elther abstract nor title i~:su~'a~ce will be provided by the City. (i) The City of Delray oeach Js responsible f¢.r paid-up, '~n- expired memberships for use of" privileges relatir~g to Tract No. l and, provided The Grimes Foundation honors such ~:emberships in accordance with the terms and conditions thereQ~f', theClty will pay The Grimes Foundation t~.~e pro rs. ta portion of such membershipS. The sale will be subject to all "Life Memberships" which The Grimes Po~ndation will honor. Upon assumption of honor of such memberships and the payment by the City of the amounts provided for herein, The Grimes Foundation agrees to indemnify and hold the City of Delray Beach hal~nless against all claims which might be brought against the City for refund thereof. (J) Closing costs, such as recording and documentary stamps shall be paid by the purchaser. IV. The City Manager shall cause this resolution to be pub- llshed in full in ~he Delray Beach News ~d the Delray Beach Journal once a week for two consecutt~ve weeks prior to t~e date of said public ~earing. ADOPTED the 25th day of February, 1958.