02-11-49SpMtg4'8
FEBRUARY llTH, 19~9.
A Special Meeting of the City Council of the City of Delray Beach was
held in the City ~anager's Office at /~ ?. M. with ~(ayor J. L. Sa,mders in the
Chair, and City Manager Charles E. Black, City Attorney John Moore, and the
following Councilmen present: John N. Kabler and Walter A. Roth, a quorum
being present.
The following Resolution was presented by the City Attorney, which was
read Ln full:
RESOLUTION NO. 723
A RESOLUTION OF THE CITY CORNISSION OF THE CITY OF DELRAY BEACH, FLORIDA,
RELATING TO THE PENDING O0NTROVERSY BETWEEN ARTHUR R. THONPSON AND LOIS M.
THONPSON, HIS WIFE, AND CITY OF OEIRAY BEACH, INVOLVING LOTS II~E~tTY-SEVEN (27)
A~D TWENTY-EIGHT (28) (LESS THE SOUTH FIVE FEET (5') OF LOT ~ENTY-SE~q~N (27),
OF VISTA DEL .¥AR, AN ADDITION TO THF CITY OF ~ELWAY BEACH, FLORIDA, INVOLVED IN
THAT CERTAIN GAUSE NOW PENDING I~! ~HE CIRCUIT COURT OF PALE~ BEACH COUNTY, FLORIDA
ENTITLED ARTHUR R. ~HOKPSON AND LOI$ M. THOMPSON, HIS WIFE, PLA%NTIFFS, v. CITY
OF DELR~Y BEACH, A L~JNICIPAL CORPORATION OF FLORIDA, DEFENDANT, BEING CHaNCeRY
CASE NUMBER 25,373; ACCEPTING A DEED FRC~ THE PLAINTIFFS IN .~AHE FOREGOING SUET
AND AUTHORIZING THE MAYOR ~ND CITY CLERK TO EXECUTE A DEED ON BEHALF OF THE CITY
TO THE FOREGOING PLAINTIFFS,. AND SETTING FORTH THE DETAILS OF THE CONPROI~ISE AND
SETTLEI~T OF SAID CONTROVERSY.
F~EREAS, Arthur R. Thompson and his wife, Lois ~. Thompson, filed their
bill of complaint in the Circuit Court of Palm Beach Count.v, Florida, on the l&th
day of December, 19/,8, against the City of Delray Beach, to foreclose a vendor's
lien on a portion of Lots Twenty-seven (27) and Twenty-eight (28), of Vista Del
Nar, an addition to the. City of Delray Beach, Florida; and,
~VHEWEAS, said suit is now pending and undetermined; and,
~.!HEREAS, 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;
NOV~', THEREFORE, BE IT ORDAINED BY ~ CITY COMMISSION OF ~E CITY OF DELRAY
BEACH, FLORIDA, as follows:
SECTION I.
The City of Delray Beach agrees that in consideration of the execution
and delivery by Arthur R. Thompson and Lois ~, Thompson, his w~_fe, of a quitclaim
deed to the City of Delray Beach, to the property ~hich is the subject matter of
the litigation referred to in the preamble hereof, and hereinafter more partic-
ularly described, without cost to the City of De]ray Beach, Florida, the City
of De,ray 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 T~enty-seven (27), of Vista del ~ar, an addition to the City
FEBRUARY 11~, 19;~9
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-wit:
A part of Lots Twenty-seven (27) and Twenty-eight
(28) (less the South five feet (S5') of Lot T~enty-
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 Palm 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 southerly along the west edge of
the pavL~g of the Ocean Boulevard a distance of 96.10
feet to a point in a 1Lee 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) aforessid,
to a point in the original east line of Lots Twe.~ty-
seven (27) and Twenty-eight (28) of Vista del ~ar
aforesaid; thence northerly along the original east
line of Lots Twenty-seven (27) and Twenty-eight (28),
Vista del Mar aforesaid, to the point of begir~ing.
SEC ~?ON II
The Mayor and C~ ty Clerk are hereby authorized to accept said deed for t~
City of D~.~.ay Beach and to record the same.
SECTION III
The l~ayor and City Clerk are h~reby authorized, for ~ad on behalf of the
City of Delray B~-~ach, 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
Nar aforesaid, lying between the west boundary of +lee land described in Section
I hereof, ~ad the substitute line of Ocean Boulevard opposite the foregoing
lands, as set forth in Plat Book 20, page i, 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 tk~
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
5O
FEBRUARY llTH, 19h9.
line of said Lot ~enty-eight (2~) a distance of
12.~ feet to the point of beginning of the tract of
land herein referred to; thence continue westerly
along the north line of said Lot Twenty~ight (28)
a distance of 17.h9 feet; thence southerly a distance
of 96.10 feet to a point in a line oarallel to and
five feet (5") north of the south line of Lot Tw~nty-
seven (27) of Vista del ~ar aforesaid; thence easterly
alor~ the line parallellto and five feet (5') north
of the south line of Lot Twenty-seven (27) aforesaid
a distance of 18.61.~feet to a ~oint in the west edge
of the paven~.nt of the Ocean Boulevard; thence northerly
along the line parallel to and 12.8 feet westerly of t.he
original east line of Lots T~eaty-seven (27) and Twenty-
eight (28) of Vista del Mar aforesaid (said line being
the west edge of the paven~nt of Ocean Boulevard) to
the point of begimning.
SECTION IV
The City of Delray Beach agrees for the considerations~herein set forth
that if in the future it should prove necessary to acquire the lands described
in Section III hereof by said City, for street, highway or other public purposes
or such lands and any further portion of said lands of Arthur R. Thompson and
Lois N. Thompson, his wife, or their successors in title, aforesaid, and said
lands are so accuired by eminent domain proceedings or otherw~ise, the said
Arthur R. Thompson and Lois N. Thompson, his wife, or their successors in title,
shall be entitled to recover and be paid not only the fair value of such add-
itional lands so taken as provided by law, but shall also be entitled to re-
cover and h~ve p~id to ~hem, or their successors in tit]_e, the fair value of
the land~s described in Section I hereof as of the month of December, 19h7.
SECTION V
The words' "fair value" as used herein shall mean the measu~ 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 VI
This resolution of evidences all of the agree~nts between the parties
hereto, and shall become effective upon its passage and promulgation in
accordance with law, and upon the execution and delivery of the deeds herein
referred t o. The delivery of the. deed from Arthur R. Thompson and Lois ~{.
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 ~. Thompson,
his wife, shall be deemed an acceptance of the terms, conditions and provisions
of th~_s resolution by the~..
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 ~ith the attorneys for Arthur R.
WEBRU~RY I!TH, 1949
Thompson and LOis M. Thompson, his wife, dismissing the suit described in the
preamble hereto.
PASSED AND ADOPTED this ].lth day of February, A.. D. 1949.
(Signed) J. L. SAUk~ERS
~;~ ~. YOR
AT~EST.~
(Signe~d) RUTH R. SMITH
CITY CLERK
SEAL'*
Upon motion of Councilman Kabler, seconded by Councilman Roth, maanimously
carried, the foregoing Resolution Mo. 723 was passed and adopted as rea~
The };~ayor and the City Clerk ~ere authorized to execute a nuit-claim deed
on behalf of the City of Delray Beach in accordance with this Resolution.
No action was taken on the suggestion of City Attorney l{oore that the fine
imposed unon Willie Frank Wright of ~ 200.00 o'~' 120 days in jail, ~eich he
believed excessive under our charte~, be reduced to ~ 150.00, which amount he
would Day.
The Council then adjourned.
ATTEST:
· City Clerk