Res 52-01RESOI
A RESOLUTION OF TI-It
DELRAY BEACH, FLO
SELL TO BUYER CE2
BEACH COUNTY, FI
HEREBY INCORPOR
CONTRACT STATING'
THE SALE AND PURCH
CITY OF DELRAY BEA£
WHEREAS, the City of
located on Lakeview Golf Course; and
WHEREAS, the Buyer h
described from the City of Delray Beach
WHEREAS, it is in the b~
property.
NOW, THEREFORE, BE
CITY OF DELRAY BEACH, FLORIDA.
Section 1. That the City
hereby agrees to sell to Mr. & Mrs. Walk
00/100 Dollars ($800.00), said property b
Section 2. That the cost
preparation and attomey's fees shall be bo
Section 3. That the terrr
purchase and addenda thereto between
hereinabove named are incorporated her~
PASSED AND ADOPTE
ATTEST:
City Clerk
UTION NO. 52-01
; CITY COMMISSION OF THE CITY OF
RID& AUTHORIZING THE CITY TO
~TAIN REAL PROPERTY IN PALM
,ORIDA, AS DESCRIBED HEREIN,
~TING AND ACCEPTING THE
I'HE TERMS AND CONDITIONS FOR
a, SE BETWEEN THE BUYER AND THE
',H, FLORIDA.
Delray Beach, Florida, wishes to sell certain property
;reinafier named desires to buy the property hereinafter
;lorida; and
~t interest of the City of Delray Beach, Florida, to sell said
IT ORDAINED BY THE CITY COMMISSION OF THE
AS FOLLOWS:
ommission of the City of Delray Beach, Florida, as Seller,
er, as Buyers, for the purchase price of Eight Hundred and
ting more particularly described as follows:
See Exhibit "A"
s of closing and transactions, title insurance, document
me by the Walkers.
s and conditions contained in the contract for sale and
the City of Delray Beach, Florida, and the Buyer as
n as Exhibit "B".
) in regulor[Xx~o~~ session on the Z, ~t ~day ~f~ 2001.
MAYOR
EXHIBIT "A"
A PORTION OF TRACT "A",
LAKEVIEW, PLAT BOOK 30, PAGES 10 AND 11,
CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA
DESCRIPTION:
A PORTION OF TRACT "A", LAKEVIEW, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 30 AT
PAGES 10 AND 11 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF LOT 21, BLOCK 4, LAKEVIEW, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 30 AT PAGES 10 AND 11 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA
THENCE S00°00'00"W ALONG THE EAST LINE OF TRACT "A" OF SAID PLAT OF LAKE'VIEW FOR A DISTANCE OF 13.55
FEET; THENCE N85°08'34"W FOR 90.40 FEET; THENCE N00°07'34"W FOR 6.75 FEET TO A POINT ON THE NORTH LINE OF
SAID TRACT 'A", SAID POINT ALSO BEING ON THE SOUTH LINE OF SAID LOT 21, BLOCK 4; THENCE S89°27'28'~E
ALONG THE NORTH LINE OF SAID TRACT "A" AND THE SOUTH LINE OF SAID LOT 21, BLOCK 4 FOR 90.09 FEET TO
THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
CONTAINING 914 SQUARE FEET, MORE OR LESS.
NOTES:
I) TI-tiS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY ("TI-IIS IS NOT A SURVEY".)
2) BEARINGS SHOWN HEREON ARE ASSUMED AND WERE OBTAINED FROM THE RECORD PLAT OF LAKEVIEW, AS
RECORDED IN PLAT BOOK 30 AT PAGES 10 AND 11 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, AND ARE BASED ON THE EAST LINE OF TRACT "A" HAVING A BEARING OF S00°00'00"W.
3) REFERENCE DOCUMENTS USED:
* LAKEVIEW, PLAT BOOK 30, PAGES 10 AND 11, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
* SKETCH OF SURVEY PREPARED BY GEE AND JENSON ENGINEERS-ARCHTI~CTS-PLANNERS, INC. LrNDER
JOB NO. 88-546, HAVING A LATEST DATE OF 2/3/89.
L.B. NO. 3449
BY:tJOHI~. WEAVER ~
PR01iESS~0~AL S~.mVEYOR AND MAPPER
FLO~TATE REG. NO. 3550
DATED: JULY 17, 2001
WORK ORDER NO. 15133.001
SHEET 1 OF 2 SI-w.F. TS
FILE NO. 01-15133.001-SS I
Heller-Weaver and Sheremeta, Inc.
Engineers ... Surveyors ... Planners
310 Southeast First Street, Suite Four, Delray Beach, Florida 33483
Phone (561) 243-8700 · Fax (561) 243-8777
FAST UN£ OF
LOT21, BLOCK 4 ~
LOT 21, BLOCK 4 .. /J OF LOT 21o BROCK 4,
~c:,.4.~ ~ ~ // ~ (P.U ~o,
~0.~' ~ ..... ~ x ~ 13.55'
or I ~'~ - ~ ~r UN~ or ·
SOUSE
M
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
A PORTION OF TRACT "A",
LAKE'VIEW (PLAT BOOK 50, PAGES 10 AND 11)
CITY OF DELI?AY BEACH, PALM BEACH COUNTY, FLORIDA
PREPARED BY:
HELLER-WEAVER AND SHEREMETA, INC.
ENGINEERS ... SURVEYORS
SOUTHEAST FIRST STREET, SUITE 4
DELRAY BEACH, FLORIDA 473483
(561) 243--8700
SHEET 2 OF 2 SHEETS FILE NO. 01-1513J, 001-SS 2
[ITY OF I]ELAI:IY BER[H
CiTY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line 561/243-7091
1993 DATE: August 29, 2001
TO:
FROM:
City Commission
David Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Sale of Vacant Land to Mr. & Mrs. Walker
Approval of this contract will authorize the sale of an approximately a 10' x 90' vacant
strip of property to the Walkers. The Walkers property abuts Lakeview Golf Course.
The Walkers represent that approximately 20 years when they moved into their current
residence a fence was located in the rear of the property. Recently, the Walkers replaced
the fence with a new one in the exact same location. When they applied for a permit
they were told that the property that the fence was located on was part of Lakeview Golf
Course. The Walkers have requested that the City quit claim the property shown on
Exhibit "A" to the Agreement to them so that the fence may remain in its current
location.
Our office requests that this item be placed on the September 4, 2001 City Commission
agenda. Please call if you have any questions.
Attachment
CC:
Barbara Garito, City Clerk
Robert Barcinski, Asst. City Manager
/o-D.
RESOLUTION NO. 52-01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL
TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY,
FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE
BUYER AND THE CITY OF DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located on
Lakeview Golf Course; and
WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described
from the City of Delray Beach Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said
property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller,
hereby agrees to sell to Mr. & Mrs. Walker, as Buyers, for the purchase price of Eight Hundred and
00/100 Dollars ($800.00), said property being more particularly described as follows:
See Exhibit "A"
Section 2. That the costs of closing and transactions, title insurance, document
preparation and attorney's fees shall be borne by the Walkers.
Section 3. That the terms and conditions contained in the contract for sale and purchase
and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are
incorporated herein as Exhibit "B".
PASSED AND ADOPTED in regular session on the __
day of ,2001.
ATTEST: M A Y O R
City Clerk
CONTRACT FOR SALE AND PURCHASE
CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"), and,
HELEN P. WALKER and JOHN J. WALKER, 3581 Lakeview Drive, Delray Beach, Florida
33445 ("Buyer"), hereby agree that the Buyer shall purchase the following real property
("Real Property") upon the following terms and conditions:
I. DESCRIPTION: See Exhibit "A"
II. PURCHASE PRICE ................................ US$800.00.
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties OR FACT OF EXECUTION communicated in writing between the
parties on or before October 1, 2001 any deposit(s) will, at Buyer's option, be returned to
Buyer and the offer withdrawn. The date of this Contract ("Effective Date") will be the date
when the last one of the Buyer and the Seller has signed this offer.
IV. TITLE EVIDENCE: At least 1 day before closing date, Buyer may obtain a title
insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the deed and other closing
papers delivered on or before October 15, 2001, unless extended by other provisions of this
Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
zoning, restrictions, prohibitions and other requirements imposed by governmental authority;
restrictions and matters appearing on the plat or otherwise common to the subdivision; public
utility easements of record (easements are to be located contiguous to Real Property lines and
not more than 10 feet in width as to the rear or front lines and 7 lA feet in width as to the side
lines, unless otherwise specified herein); taxes for year of closing and subsequent years;
assumed mortgages and purchase money mortgages, if any; provided, that there exists at
closing no violation of the foregoing and none of them prevents the use of Real Property for
residential purpose.
VII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
VIII. ASSIGNABILITY: Buyer may not assign Contract.
STANDARDS FOR REAL ESTATE TRANSACTIONS
-~; r ~e~er ......... . If the def~ct(~)
with ~z':.'. ~f tide is
B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title
and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey
shows encroachment on real property or that m:provements located on real property encroach on setback lines,
easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental
regulation, the same shall constitute a title defect.
F. Place of Closing: Closing shall be held in the county where real property is located, at
the office of the attorney or other closing agent designated by Buyer.
G. Time: Time is of the essence of this agreement. Time periods herein of less than six
(6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time
period provxded for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the
next business day.
-2-
I. Expenses: Documentary stamps on the warranty deed and recording corrective
instruments shall be paid by Buyer. Recording warranty deed shall be prod by Buyer.
the partiez, fa!hag ........... = ............................. , Proper% raiser for ar. inSrmz!
-3-
..... r ......... ~ ---~ -.. ~3~:~
Agent "';" com~!), ':.'~th
.............................................................................
P. Ag.r. eement Not Recordable; Persons Bound; Notice: Neither this agreement nor any
notice of it shall be recorded in any public records. This agreement shall bind and inure to the benefit of the
parties and their successors in interest. Whenever the context permits, singular shall include plural and one
gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to
that party.
Q. Conveyance: Seller shall convey the property by way of Quit Claim Deed.
R. Other Agreements: No prior or present agreements or representations shall be binding
upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or
binding upon the parties unless in writing and executed by the party or parties intended to be bound by it.
BUYERS: JOHN & HELEN WALKER
SELLER: CITY OF DELRAY BEACH
By:
By:
John J. Walker
Helen P. Walker
By:
David Schmidt, Mayor
WITNESSES:
(print or type name)
ATTEST:
By:
City Clerk
-4-
(print or type name)
Approved as to form:
By:
City Attorney
-5-
EXI4IRIT "A"
A PORTION OF TRACT "A",
LAKEVIEW, PLAT BOOK 30, PAGES 10 AND 11,
CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA
DESCRIFIION:
A PORTION OF TRACT "A", LAKEVIEW, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 30 AT
PAGES 10 AND II OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF LOT 21, BLOCK 4, LAKEVIEW, ACCORDING TO THE PLAT 2lqEREOF AS
[RECORDED IN PLAT BOOK 30 AT PAGES 10 AND 11 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
~ THENCE S00°00'00"W ALONG THE EAST LINE OF TRACT "A" OF SAID PLAT OF LAKEVIEW FOR A DISTANCE OF 13.55
FEET; THENCE N85°08'34"W FOR 90.40 FEET; THENCE N00°07'34"W FOR 6.75 FEET TO A POINT ON THE NORTH LINE OF i
~SAID TRACT 'A", SAID POINT ALSO BEING ON THE SOUTH LINE OF SAID LOT 21, BLOCK 4; THENCE S89°27'28~E~
ALONG TI-[E NORTH LINE OF SAID TRACT "A" AND THE SOUTH LINE OF SAID LOT 21, BLOCK 4 FOR 90.09 FEET TO,
THE POINT OF BEGINNING.
SAID LANDS SITUATE wrrHIN THE crrY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
CONTAINING 914 SQUARE FEET, MORE OR LESS.
NOTES:
1) THiS SKETCH AND LEGAL DESCRIIrrlON DOES NOT REPRESENT AFIgI.I)SURVEY ("THIS ISNOT ASURVEY~.)
2) BEARINGS SHOWN HEREON ARE ASSUMED AND WERE OBTAINED FROM THE RECORD PLAT OF LAKEVIEW, AS
RECORDED IN PLAT BOOK 30 AT PAGES I0 AND 11 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, AND ARE BASED ON THE EAST LINE OF TRACT "A" HAVING A BEARING OF S00°00'00"W.
3) REFERENCE DOCUMENTS USED:
* LAKEVIEW, PLAT BOOK 30, PAGES I0 AND i1, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
* SKETCH OF SURVEY PREPAREJ) BY GEE AND JENSON ENGINEEILS-ARCHITECTS-PL~RS, INC. UNDER
JOB NO. 88-546, HAVnqG A LATEST DATE OF 2/3/89.
B[E~_-WEAVER AND SHEREMETA, l~C.
FLoP. m .)C_ ST'ATE L.B. NO.
/ i\ .
BY:,.,5OI-B'~. WEAVE~
PROI~SSi(DNAL SURVEYOR AND M. APPER
FLOI~,'~TATE REG. NO. 3550
DATED: JULY 17, 2001
WORK ORDERNO. 15133.001
SHEET I OF 2 SHEETS
FILE NO. 01-15133.001-SS I
Heller-Weaver and Sheremeta, Inc.
Engineers ... Surveyors... Planners
310 Southeast First Street, Suite Four, Delray Beach. Honda 33483
Phone (561) 243-8700 · Fax (561) 243-87T7
i
't
i
,,-'; : ,'; ,) ;,,-'
.: f';,
i
i
I
~,?, FAST UNE OF'
: ~tf~,,~ LOT 21, BLOCK 4. ~i
c ~:: / UN~ ' ~ ................
.~ ~/~t~ ,
//
~ ~/ SO~ LIN~ OF , // SO~T CORN~
~: ~1 LOT 21, BL~K 4 ~ // OF LOT 21, BL~K 4,
0.25' x 1&55'
~.25' ~ [ o~X ~ c~N UNK ~NC~
SOUARE
FEET
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
A PORTION OF TRACT "A':
LAKEVlEW (PLAT BOOK ,30, PAGES 10 AND
CITY OF DELRAY BEACH, PALM BEACH COUNTY,
FLORIDA
PREPARED BY:
HELI.£R-WEAVER AND SH~EMETA. INC.
ENGINEERS ... SURVEYORS
3~o SOUTH~'T nRs'r STREET, surr~
DEI. RAY 8~ACH, FLORIOA
(56~) 2~$-a700
SHEET 2 OF 2 SHEE'/'S FILE NO. 01-1513.7.001-$S 2