Res 44-05
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RESOLUTION NO. 44-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, TERMINATING THE AGREEMENT DATED JUNE 12,
1961, RECORDED IN OFFICIAL RECORDS BOOK 643, PAGE 609, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE
P ARTICULARL Y DESCRIBED HEREIN
WHEREAS, on June 12, 1961, an Agreement was executed between WILLIAM R.
HAGGART and THE CITY OF DELRA Y BEACH (hereinafter, the "Agreement"), and was
recorded in the Public Records of Palm Beach County on June 14, 1961, in Official Records Book
643, Page 609; and
WHEREAS, Agreement contained certain zoning and development requirements for the
property described as Lots 1,2,3,32,23 and 24, Block 73, Delray Beach, Florida, according to Plat
Book 12, Page 62, Public Records of Palm Beach County, Florida (the "Property"); and
I WHEREAS, the use of the Property and the needs of the City of Delray Beach have
changed since the date of the Agreement; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that it is in the
best interest of the City of Delray Beach to terminate the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Agreement is hereby terminated, and the restrictions contained therein
are hereby released, upon the following condition.
Section 2. That the current owner shall execute a Right of Way Deed in favor of the City
of Delray Beach, granting to the City of Delray Beach, its successors and assigns, a right-of-way and
easement in and to the following property for public highway, street, sidewalk and public utility
purposes, with the express understanding and condition that should the same ever be discontinued
or abandoned as a public highway or street, the tide to same shall thereupon revert to and revest in
the current owner or its assigns:
The North 15.0 feet of Lots 1 and 24 and the North 15.0 feet of the 16.0 foot alley right of
way vacated by City of Delray Beach Resolution No. 20-65 (recorded in Official Records Book
1227, Page 484), all lying in Block 73, Subdivision of Block 73, according to the Plat thereof as
recorded in Plat Book 12, Page 62, Public Records of Palm Beach County, Florida.
I
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PASSED AND ADOPTED ill regular session on the ~ day of
~d ' 2005. ~¿I!z
MAYOR
ATTEST:
I 'n~l¡J"'~~ ~
Acting City Clerk
!
I
2 Res. No. 44-05
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[IT' DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE ~()O ~w ht AVE'\TF . DELRA.Y BEACH. FLORIDA 33444
TLLEPHO\.;[ 561 /~4-,- 7000' FACSI\IILE :,61/2ï8-47:,5
DELRAY BEACH Wnter's Direct Line: 561/243-7091
F l 0 JI. I D ...
D.e.d
All-America City
, III I! DATE: MEMORANDUM
June 27, 2005
1993 TO: City Commission
2001
David Harden, City Manager
h~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Pineapple Grove Plaza (Old Publix Site on NE 2nd Ave)
In 1961 the City entered into an agreement with William R. Haggart restricting the
use of the old Publix site on NE 2nd Avenue. The restrictions concerned the
development and use of the parcel (Le. number of parking spaces, parking lots,
wall height and location, building location, dedication of property to the City, uses
allowed on the property). These restrictions are no longer required or requested
by the City as they would restrict the re-development of this property. The
Planning and Zoning Department as well as the City Engineer do not have an
objection to the release of this agreement.
The agreement provided for the dedication of a portion of right-of-way to the City.
The attached right-of-way deed dedicates the same property to the City as in the
agreement.
Our office requests that the termination of the agreement and the acceptance of
the right-of-way deed be placed on the July 5, 2005 City Commission agenda.
Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Paul Dorling, P&Z Director
Randal Krejcarek, City Engineer
'6e..
WEINER & ARONSON, P .A.
ATTORNEYS AT LAW
The Clark House ....209 N. Seacrest BMI., Suite 2
102 North Swinton Avenue Boynton Beach, FL 33435
Delray Beach, Aonda 33444 Telephone: (561) 732-6667
Telephone: (561) 265-2666 Telecopier: (561) 733-9261
Telecopier: (561) 272-6831
E-mail: caronson@zonelaw.com E·mail: caronson@zonelaw.com
MICHAEL S. WEINER OF COUNSEL:
CAROlE J. ARONSON ROBERT MARC SCHWARTZ, P.A.
F10ñda Bar Board Certified
JASON S. MANKOFF Real Estate Lawyer
KERRY D. SAFlER MICHAEL R. HARRIS
LLM. (In Taxation)
May 2, 2005
Mr. Paul Dorling RECEIVED
City of Delray Beach
Department of Planning and Zoning
100 WtI1st Ave. MAY 0 5 Di
Delray Beach, FL 33444
Re: Pineapple Grove Plaza PLANNING & ZONING
Our File No.: BEYDOO3
Dear Paul:
You may recall a meeting on April 18, 2005, attended by you, Susan Ruby, Cary
Glickstein and me. Pursuant to our discussions that day, I am enclosing a draft of a
Resolution releasing the Restrictive Covenant contained in the 1961 Agreement
between William R. Haggart and the City of Delray Beach, along with a copy of a Right
-of-Way Deed from AM. Davis Mercantile Co. to the City of Delray Beach conveying
the right of way reserved in the Agreement, and a copy of the sketch of survey for the
right-of-way property.
As we discussed in our meeting, this draft and the copy of the Right-of-Way Deed are
being submitted together with AM. Davis Mercantile Co. 's application for abandonment
of the remaining sixteen-foot alley right-of way at the west of the property. If there is
a y further documentation you need to process these two requests, please feel free to
tact me.
role Ar nson
CA:mmi
Enclosures
cc: Cary Glickstein (w/enclosures)
Michael S. Weiner, Esq. (w/enclosures)
Theo Wright, Esq. (w/enclosures)
RESOLUTION NO. 44-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, TERMINATING THE AGREEMENT DATED
JUNE 12, 1961, RECORDED IN OFFICIAL RECORDS BOOK 643, PAGE
609, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS
MORE PARTICULARL Y DESCRIBED HEREIN
WHEREAS, on June 12, 1961, an Agreement was executed between WILLIAM
R. HAGGART and THE CITY OF DELRA Y BEACH (hereinafter, the "Agreement"), and
was recorded in the Public Records of Palm Beach County on June 14, 1961, in Official
Records Book 643, Page 609; and
WHEREAS, Agreement contained certain zoning and development requirements
for the property described as Lots 1, 2, 3, 32, 23 and 24, Block 73, Delray Beach,
Florida, according to Plat Book 12, Page 62, Public Records of Palm Beach County,
Florida (the "Property"); and
WHEREAS, the use of the Property and the needs of the City of Delray Beach
have changed since the date of the Agreement; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that it
is in the best interest of the City of Delray Beach to terminate the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Agreement is hereby terminated, and the restrictions
contained therein are hereby released, upon the following condition.
Section 2. That the current owner shall execute a Right of Way Deed in favor of
the City of Delray Beach, granting to the City of Delray Beach, its successors and
assigns, a right-of-way and easement in and to the following property for public
highway, street, sidewalk and public utility purposes, with the express understanding
and condition that should the same ever be discontinued or abandoned as a public
highway or street, the title to same shall thereupon revert to and revest in the current
owner or its assigns:
The North 15.0 feet of Lots 1 and 24 and the North 15.0 feet of the 16.0 foot alley
right of way vacated by City of Delray Beach Resolution No. 20-65 (recorded in
Official Records Book 1227, Page 484), all lying in Block 73, Subdivision of
Block 73, according to the Plat thereof as recorded in Plat Book 12, Page 62,
Public Records of Palm Beach County, Florida.
PASSED AND ADOPTED in regular session on the day of
,2005.
MAYOR
ATTEST:
City Clerk
2 Res. No.
,
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
~
RlGHT_OF_WAYDEE~k
THIS INDENTURE made this day of , 2005, between
A.M. DAVIS MERCANTILE CO., a Nebraska corporation qualified to do business in Florida,
whose address is 640 S. 10th Street, P.O. Box 82226, Lincoln, Nebraska 68501-2226, as party of
the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation
with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the
second part.
WITNESSETH:
That said party of the first part, for and in consideration of the mutual promises herein
contained and other good and valuable consideration, does hereby grant, remise, release, quit
claim and convey unto the party of the second part, its successors and assigns, all right, title,
interest, claim and demand which the party of the first part has in and to the following-described
land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit:
The North 15.0 feet of Lots 1 and 24 and the North 15.0 feet of the 16.0 foot alley right
of way vacated by City of Delray Beach Resolution No. 20-65 (recorded in Official
Records Book 1227, Page 484), all lying in Block 73, Subdivision of Block 73, according
to the Plat thereof as recorded in Plat Book 12, Page 62, Public Records of Palm Beach
County, Florida.
This Deed is made for the purpose of giving and granting to the party of the second part,
its successors and assigns, a right-of-way and easement in and to said lands for public highway,
street, sidewalk and public utility purposes; and is made, executed and delivered with the express
understanding and condition that should the same ever be discontinued or abandoned as a public
highway or street, the title to same shall thereupon revert to and revest in the party of the first
- part or assigns.
That this right-of-way shall be subject only to those easements, restrictions, and
reservation of record. The party of the first part agrees to provide for the release of any and all
mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect
no building or effect any other kind of construction or improvements upon the above-described
property.
1
,
party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described right-of-way and that the same
is unencumbered. Where the context of this Right-of-Way Deed allows or pennits, the same
shall include the successors or assigns of the parties.
TO HA VB AND TO HOLD THE SAME, together with all and singular the
appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right,
title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the
only proper use, benefit, and behalf of the said party of the second part, its successors and
asSIgns.
IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal
the date first above written.
By'
Its: President
640 S. 10th Street
P.O. Box 82226
Lincoln, Nebraska 68501-2226
STATE OF NEBRASKA
COUNTY OF J fU"ro~~('"
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TAMARA o.lIIRD nrmro. ~t\. ~ J ni
..,ca..~ &O-lb~
Name Typed, Printed or Stamped
Y:\BBYDOO3\Righ1-of-Way Deed.doc
2
SKETCH OF DESCRIPTION
- -
N.£ 2ND A VENUE
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C\j
I S.89°21'26"£ JEAST LI£ NOTES:
15.00' BLOCK 73
25.0' THIS IS NO T A SlRVEY
LZ <:11 c:::::1 ï = CENTERLNE
~
g NO SCALE ORB. = OFFClAL RECORD BOOK
THE WEST LNE OF BLOCK 73 IS
I ~ ASSUMED TO BEAR N.OoOO'OO"£
~ LOT 24 CALC. = CALClLA TED BASED ON
-.I
~ BLOCK 73 PREVIOUS FELD YEASUREMENTS
§
f-
bJl (j DESCRPTION:
~~
g: ~.. a:: - THE NORTH 15.0 FEET OF LOTS 1
16' ALLEY V ACA TED AND 24 A/'Ð Tf£ NORTH 15.0 FEET
V) 8 ~(:) BY aTY OF DELRA Y OF THE 16.0 FOOT ALLEY RIGHT OF
~ ' ~ C'\¡ BEACH RESOLUTION WA Y VACA TED BY aTY OF DELRA Y
C) ~ "'"
~ CX)~ NO. 20-65 (ORB. BEACH RESOLUTION NO. 20-65
~ ~ C'\¡ C\j 1227, PAGE 484) (RECORDED N OFFICIAL RECORD BOOK
. 1227, PAGE 4WM ALL L YNG '"
LJI BLOCK 7¡ 'IS/ON OF BLOCK 73,
<: ACCORDNG TO Tf£ PLA T TfCREOF AS
t RECORDED N PLA T BOOK 12, PAGE
62, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORDA
LOT 1
El.OCK 73
I
J WEST LI£ EXHIBIT ':4"
SHEET 1 OF 1
25.0' BLOCK 73
15.00'
5.89°2r26"£ PAll.. D. ENGLE
à
'Ô SlRVEYOR AM) MAPPER /5708
C'I,
N.£ 1ST A VENUE DA TE: APRIL 27, 2005
- - O'BRIEN, SUITER de O'BRI£N. INC
CERTIFICA TE OF AUTHORfZA nON tLB353
SURVEYOR AND MAPPER IN RESP NSIBLE
CHARGE: PAUL D. ENGLE
2601 NORTH FEDERAL HIGHWA Y
DELRA Y BEACH FLORIDA 33483
ORDER NO. 04-Bf?W (561) 276-4501 (561) 732-3279