12-17-48SpMtg DECEMBER 17, 1948
A Special A~Aeeting of the City Council was held in the Council
Chambers at 8 PM with Mayor L. H. Brannon in the Chair, City Manager
Chas. E. Black, City Attorney John Moore, and Councilmen M. M. DeWitt,
and John N Kabler, a quorum being present.
Attorney Chas. B. Fulton, representing~A. R. Thompson, owner
of the N 45' of Lot 27, all Lot 28 and the ~ 95' of the E 25' of Lot
25, Vista Del Mar subdivision, addressed the Council. Mr. Fulton
explained that the city had taken scme of the land owned by Mr. Thompson
for repairi.~g and resurfacing 0cea~ Blvd. and that Mr. Thompson was
willing to give the city title to that particular land without com-
pensation, providing it ~ould establish the west boundary of the Ocean
Blvd. as it is now, and without any fUrther encroachment on his property.
If, in the future the city should take additional land for road pur-
poses, he would then expect to be paid for all of his land taken by
the city for a road. He asked that such an agreement be signed on
behalf of the city an~ a quiZ-claim deed be given Mr. Thompson covering
all of his land west of the west line of the present roadway~ in exchange
for a quit-claim deed frcm Mr. Thompson to.the city covering all of htos
land, east of this west line of the existing roadway.
City Attorney Moore explained that the new Brockwa~ line is about
15~ west of the westpavement line of the present Ocean Boulevard.
Mr. Fulton then stated that Mr. Brockway had established the pre:~ent
Brockway line on the basis of historical data, but he cou~ not certify
that it was accurate. No one could possibly know where tha~original
line actually was, and the newly established line seemed to serve the
City's purpose.
Mr. Black then stated that the city had received deeds to consid,~r-
~ble property up and down:the boulevard back to the Brockway line,
and he felt that if the property owners in Vista Del Mar were given
the consideration of remaining out 15' these other property owners
might complain.
Councilman Kabler felt that if the Council consented to such a
compromise it would be Jogging the entire mile of ocean front, regard-
less of the fact that attorneys had rendered a legal opinion that thi~
subdivision extended out to the c enter of the road.
City ~ttorney Moore again~tated that where a plat has been
accept$~ by the city ~nd city taxes had been paid for years on the
land, the boundaries had been accepted. In such cases the land taken
should be paid for by the city.
Councilman Kabler stated that in view of the fact that if the
roadway was extended to within 20' of Mr. Thompson's house, he would
undoubtedly CCh tinue his law suit and the city would not only be sub-
Ject to payment for the land t hey had taken but also to damage tc his
home, and in this case he would recommend a compromise until such date
as the extra land is needed, and avoid a law suit at this time.
The consensus of opinion of the council was that it would be
best to compromise with Mr. Thompson for the time being, by signing
an agreement as requested, and by exchanging deeds.
A~ter further consideration it was agreed that Mr. Thompson's
attorney would prepare an agreement to be signed by the Mayor ~n
behalf of the City of Delray Beach, in which Mr. Thompson would agree
to make no charge to the city for land already taken for road purposes,
and that he ~ould dismiss his law suit, in conSideration of the establish-
ment of the ucean Blvd. line in its present location. This agreement
DECEMBER 17, 19~8 .......
would be subject to the approval of our city att?~rney. Exchange
deeds would then be prepared as outlined by Mr. ~ulton between
Mr. Thompson and the city.
Upon motion of Councilman DeWitt, seconded by Councilman
Kabler and upon call of roll ~nanimously carried, the City Clerk
was authorized to write a letter to Mr. Thompson thanking him on
behalf of the City of Delray ~each for his cooperation.
Mr. Black then presented construction Agreemeuts which he had
prepared, covering construction of a ne~ roof on the swimming poo~
building, and the installation of a solar heating system and tank,
stating that adjustments had been made in the proposals, as suggested
by the council, and that a clause had been inserted in the agree-
ments whereby work would be coordinated by both contractors.
A motion was made by Councll~an DeWitt, seconded by Councilman
Kabler, unanimously carried, that construction agreements be
approved as follows:
Trop~ al Roofin~ Co.- Reroofing Swimming Pool Bldg - ~1,075.00
C.A. Whitman &Son- Installing solar heating system
and tank 480.00
Mr. Black then advised the council that the budgeted item
for repairing and reconditioning the swimming poo& would be exceeded
by the contracts already awarded, and certain small items for
additional work had already been authorized, such as rebuilding
the wall on the north side of thepool and pouring of footing for
the new wall, besides the painting which he believed could be done
by city painters.
This was agreeable to the council which felt that savings could
be made from other places, and these improvements would bring the
pool up to State Board of Health requirements, and allow it to
operate during the coming season.
Dr. ~'. C. ~illiams had called Mr. Black in regard to a right-
of-way through certain land which he owns in Sec. 17 and 20, close
to the Seaboard Railway and close to the city dump. He would, like
to dedicate a 50' right of way through his property, a distance of
about 1354' in return for an ag~reement that he would not be assessed
for building a road ~ street through his property at a futu~e date.
Upon advise from the city attorney that such an agreement could
not be entered into by the city, the offer was not accepted.
The council then adjourned.
APP R0 VED '~ .~ ~
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