Res 08-15RESOLUTION NO. 08 -15
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, CORRECTING A
SCRIVENERS SURVEYING ERROR CONTAINED IN THE
LEGAL DESCRIPTION ATTACHED TO RESOLUTION NO.
30 -11 ADOPTED BY THE CITY ON AUGUST 2, 2011
RELATING TO AN AGREEMENT FOR THE EXCHANGE OF
REAL PROPERTY AND ABANDONMENT OF RIGHT -OF-
WAY IN CONNECTION WITH THE PLAT OF HISTORIC
DEPOT SQUARE; AUTHORIZING A CONVEYANCE, BY
CORRECTIVE QUIT CLAIM DEED, TO DEPOT
INDUSTRIAL. CENTER, LLC. WITH THE CORRECTED
LEGAL DESCRIPTION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on August 2, 2011 the City Commission of Delray Beach, Florida (" Commission")
adopted Resolution 30 -11 vacating certain City tight- of-way in connection with the Historic Depot Plat
and pursuant to the terms and conditions of that certain Exchange Agreement entered into between the
City and Depot Industrial Center LLC dated August 19, 2011 ("Exchange Agreement "); and
WHEREAS, upon subsequent review, the parties have determined that the legal descriptions
describing the right -of -way vacated by the Resolution 30--11 contain scrivener errors as more
particularly described in the Surveyors affidavits of Ernest Duncan and Michael Avitom attached
hereto as composite Exhibit "A" and made a part hereof; and
WHEREAS, City _and Depot Industrial Center LLC have agreed to correct the surveying errors
contained in Resolution 30 -11 by simultaneously conveying to each by the appropriate corrective
instruments of conveyance the corrected legal descriptions of the property as intended by the Exchange
Agreement and the City has further agreed, subject to the recordation of the deeds refereziced.above,. to
the abandonment of the corrected tight -of -way which is also necessary to correct the scriveners errors;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitals above are true and correct and incorporated into the findings
of this Resolution as if set forth in full herein.
Section 2. That the City authorizes the execution and delivery of the Corrective Quit Claim
Deed attached hereto as Exhibit "B" and made a part hereof subject to receiving a Special Warranty
Deed from Depot Industrial Center LLC for the property required to correct. the scrivener's error in a
form acceptable to the City Attorney and staff.
Section 3. That the conditions and findings made by this Resolution shall prevail and
.supersede City Resolution 30 -11. In the event of any conflict between the terms of Resolution 30 -11
and this Resolution, this Resolution shall prevail.
Section 4. That this Resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED by the. City Commission of th ty D ay Beach this 3 rd
day of t4 w-C.h , 2015.
MAYOR
ATTEST:
City Clerk
;.: M i� 1��� �:1�!��i�Cr_ �� i�t� TO PLOAZ JAY s� � PRO L11,11Bl :' T
( "Addendum"} rnLde as of w -?fr[ 2 , 2015 (the "Effective Mae"), by and between the
CT-17 OF D-M,tA r�Y BEACF -1, a For :da Municipal Corporation (the "City "} and 1.:EPPOT
11'SIDUS`ZIRIAL CENTER, .� ILC, a Florida limited liability company (the "Developer").
a EC-1 YALS
A. City and Developer entered into that certain Agreement to Exchange Real Property in
which the City has abandoned TDzpot Road ("Abandoned Depot Road ") and the
Developer has granted to the City a temporary easement over, upon, rcross and under
Abandoned Depo-L' Road until Developer has completed the construction of the new
roadway ( "Relocated Depot FZoad "); and
B_ In connec tor: with the Agreement to Exchange Rea; ;property, City and Developer
entered imo .hat certaia Roadway Improvement Agreement dated as of Decetnbzr 22,
20i I (the "Agreement-'), which Agreerr,eA :s incorporated by rei`erence into the
Agreement to Exchange Real Property,
C. Developer had agreed to construct Relocated Depot Road, Together with required
subsurface :mprovemenrs within forty -eight (48) months after the closing of the
Agreement to Exchange Real 'roperty which closed on August 15, 2011 (the
"Completion Pate "),
D. City and Developer desire to extend the Completion Date to August 15, 2017 (the
"Eater ed C'omple'ion Date ").
NOW, T'TREFORE, in consideration of Ten Dollars (,$10.00) and o.her good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, ':he parties
intending to be legally bound, agree as ioilows:
1. Re c il aIs. The above Recitals are Vue and correct and rre incorporated herein by this
reference. Unless the context otherwse requires, ail initial capitalized terms used but not cefned
in this Addendum, shall have thV mcr ani:lg or M"nings given to such 'erns in the Agreement,
This Addendum shall be deemed a part of, but shall take precedence over and supersede any
provisions to the contrary contained in, the Agreement. All references in th.° Agreement o this
Addendum to thL " Agreement." shall be deemed o refer to the Agreement as modified by this
Addendum, unless the context otherwise requires.
2. Miscellaneous. The Agreement, as modified by this Amendment-, remains it fLll
force and effect. To the extent of any inconsistency between the terms of this Amendment and
the teams of the Agreement, the terms of this Amendment shall supersede and contra: to the
extent of the inconsistency. Tenns not otherwise defined herein shall have the meaning set forth
in the Agreement.
3 of 2
ja,r �
1 Construction of Relocated repot Kcad. The "first sentence of section 2(d) of the
Agreement is amended to rent as follows:
The Developer shall complete construction of Relocated Depot Road in accordance with
the terms and condh ions of this Agreement within seventy -two (72) months offer the closing elate
of the Agreement for Exchange of Real Property.
-1. Counteraarts. This Amendment may 1�e executed in counterparts, and whet copies
hereof a e executed by Buyer ar,d Seller, this Amendmert shall be deemed effective. Facsimile
or "pd'f." signatures will be accepted.
5. Ratification_ The terms, conditio7as and provisions of the Agreement are, except as
modified herein:, ratified and confirmed, and this Agreement supersedes all prix; agreements and
understandings, both written and oral with respect to the rra',ters set fiord: hereir.
IN WI" -NESS WHERZOF, the City and the Developer have caused this Amendment to
Roadway Improvement Agreement to be executed anc to be effective as of -JWhMr �
2015. /W r, f
AT ES` :
City Clerk
Approved as to Farm:
-City Alto:rteyl
Witnesses.
°•.s' c4
By: _
r.._ ...... w 6........_C.1.i..c k s.te.j,,P -aY<Y
cpci :)Ad"Ui)fW e a:a rge lori da limited liabi com any
By. omas A. Head, Manar
Page 2 of 2
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Noel Pfeffer, City Attorney
DATE: January 28, 2015
SUBJECT: AGENDA ITEM 9.K. — REGULAR COMMISSION MEETING OF MARCH 3.2015
RESOLUTION NO, 08-15/ AUTHORIZING CORRECTIVE QUIT CLAIM DEED /HISTORIC
DEPOT SQUARE PLAT c
BACKGROUND
On August 2, 2011 the City Commission adopted Resolution 30 -11 vacating certain right -of -way in
connection with the Historic Depot Plat pursuant to an Exchange Agreement entered into between the
City and the Developer, Depot Industrial Center, LLC. The Developer recently discovered that the
legal description for the vacated right -of -way contained certain scriveners' errors. More specifically,
the legal description in the prior City Resolution inadvertently made inaccurate references to certain
monuments and dimensions, and as a result did not fully and accurately describe the property to be
vacated. In order to correct the scriveners' error, the City has prepared a corrective resolution based, in
part, on affidavits of the surveyor who prepared the original legal descriptions with the inadvertent
errors and the surveyor who discovered the scriveners' errors. The corrective resolution also authorizes
a Quit Claim deed from the City to the Developer with the correct legal description for the abandoned
property. In order to fully correct the scriveners' errors, the Developer shall also simultaneously
convey to the City, by Special Warranty Deed, additional dedicated road right -of -way as referenced on
the plat as Northwest Second Street. Finally, the Planning Department will present a companion item
to this agenda item vacating a small area of right -of -way which is necessary to fully correct the prior
exchange agreement resulting from the scriveners' errors in the legal descriptions and with respect to
the vacation of this specific property. In connection with this vacation, the Developer has also
provided the City with an indemnification letter in the event of any claims by any adjacent property
owners.
On a related matter, the Developer is also requesting an Amendment to the Roadway Improvement
Agreement for the plat. The current agreement requires the Developer to complete the subsurface
improvements within 48 months of the exchange Agreement (August 15, 2011), the Developer is now
asking to extend the completion date to August 15, 2017.
LEGAL DEPARTMENT REVIEW
City Attorney, with review by the City's special real estate counsel, has prepared and reviewed the
attached documents.
FINANCIAL DEPARTMENT REVIEW
N/A
http:// itwebapp lAgendalntranetBluesheet .aspx ?ItemID = 8806 &MeetingID = 547[4/7/2015 10:54:31 AM]
Coversheet
RECOMMENDATION
The City Attorney recommends approval.
http:// itwebapp lAgendalntranetBluesheet .aspx ?ItemID = 8806 &MeetingID = 547[4/7/2015 10:54:31 AM]
"A"
SURVEYOR AFFIDAVIT
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority, personally appeared MICHAEL D. AVIROM
(the "Affanf ), who, after being duly sworn, deposes and states:
1. The Affiant is a duly licensed land surveyor in the State of Florida and the holder of
Professional Surveyor and Mapper License No. 3268.
2. The AfFiant is familiar with the Plat of Historic Depot Square, recorded January 12, 2012
in Plat Book 114, Pages 197, 198 and 199, of the Public Records of Palm Beach County,
Florida (the "Plat ").
3. Affiant did not prepare the Plat but was engaged by Depot Industrial Center, LLC, (the
"Owner ") to review the Plat and to prepare additional supplementary surveys with respect
to the Plat and the properties adjacent to the Plat. Subsequent to the completion and
recordation of the Plat, the Affiant has discovered several technical errors in the Plat with
respect to the legal descriptions in certain deeds for the underlying real property
described in the Plat.
4. The Roadway Transfer Agreement made by and between the Florida Department of
Transportation ( "FDOT ") and the City of Delray Beach, Florida ( "City ") dated February
22, 2008 and recorded April 28, 2011 in Official Record Book 24494, Page 1815 of the
Public Records of Palm Beach County, Florida (the "FDOT Deed'), FDOT transferred
and conveyed to the City a portion of Depot Road to the City, and the City accepted the
portion of Depot Road and agreed to operate and maintain said Depot Road.
5. In connection with the platting process and as part of the Agreement to Exchange Real
Property made by and between the City and Depot Industrial Center, LLC ("Depot"),
referenced in the City of Delray Beach Resolution No. 30 -11, a certified copy of which is
recorded in Official Record Book 24968, Page 463 of the Public Records of Palm Beach
County, Florida (the "City Deed "), the City conveyed certain real property to Depot.
However, the legal description attached as Exhibit "A" to the City Deed inaccurately
referenced certain courses and distances. Attached hereto as Exhibit "A" is the corrected
legal description which properly describes the lands being transferred by the City to
Depot pursuant to the City Deed, and should be attached to the revised City of Delray
Beach Resolution.
E,,A81 } " /Vk .-2 k �'
FURTHER AFFIANT SAYETH NAUGHT
I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
Michael D. Avirom4P.L.
Florida Registration No. 3268
Avirom & Associates, Inc.
50 S W 2nd Avenue, Suite 102
Boca Raton, Florida 33432
LB #3300
STATE OF FLORIDA
COUNTY OF PALM BEACH )
Sworn to, affirmed, and subscribed before me this -! day of September, 2014 by
MICHAEL D. AVIROM, who 04 is personally known or [ ] produced
, as identification.
'-� OMECHINA c
gr w MYC�AMSSENJEE0i7870
EXPIRES November 7, 2014
�9P T Thu Wa{a�y PI�Rc Undara
[Seal]
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NO ARY PUBLIC, STATE OF FLORIDA
Print Name: 'Aanr -e, "0-
My commission expires: it /7//"
A PARCEL OF LAND LYING n,.4 SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NE CORNER OF SAID SECTION 18, THENCE N 89 °09'53" W,
ALONG THE NORTH LINE OF SAID SECTION 18, A DISTANCE OF 251.14 FEET; THENCE
S 14 028'43" W, ALONG THE EAST RIGHT OF WAY LINE OF THE CSX RAILROAD, A
DISTANCE OF 143.83 FEET TO A POINT ON A CURVE CONCAVE NORTHERLY HAVING
A RADIUS OF 600.00 FEET AND A DELTA ANGLE OF 11 015'49 "; RADIAL BEARING
THROUGH SAID POINT BEARS N 00 °33'26" W; THENCE EASTERLY, AN ARC
DISTANCE OF 117.95 FEET TO A POINT ON A CURVE CONCAVE EASTERLY HAVING
A RADIUS OF 215.00 FEET AND A DELTA ANGLE OF 25 033'27 ", RADIAL BEARING
THROUGH SAID POINT BEARS S 68 °56'45" E; THENCE SOUTHERLY ALONG SAID
CURVE AN ARC LENGTH OF 95.90; THENCE S 04'30'11" E 5.48 FEET; THENCE
CONTINUE S 04030'11" E, A DISTANCE OF 977.03 FEET, THENCE S 31-04'57" W A
DISTANCE OF 161.19 FEET; THENCE SOUTH 00 °39'48" E, 9.87 FEET TO A POINT ON
THE NORTH RIGHT OF WAY LINE OF NW 2ND STREET; THENCE S 89 056'26" E A
DISTANCE OF 204.93 FEET TO A POINT* ON THE WEST RIGHT OF WAY LINE OF
INTERSTATE I -95 AS RECORDED IN OFFICIAL RECORDS 2187, PAGE 1256; SAID
POINT BEING ON A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 1063.92
FEET, WHOSE RADIUS BEARS N 85 °23'36" W; THENCE NORTHERLY ALONG SAID
CURVE HAVING A DELTA ANGLE OF 8 039'43" AN ARC LENGTH OF 160.85 FEET; TO
A POINT OF TANGENCY; THENCE N 04 °03'20" W ALONG SAID WEST RIGHT OF WAY
LINE OF I -95, A DISTANCE OF 506.19 FEET; THENCE N 08 °04'42" W ALONG SAID WEST
RIGHT OF WAY LINE OF I -95 DISTANCE OF 94.11 FEET TO A POINT ON A CURVE;
SAID CURVE CONCAVE EASTERLY HAVING A RADIUS OF 3969.72 FEET; THENCE
NORTHERLY ALONG SAID CURVE (BEING ON THE WEST RIGHT OF WAY LINE OF I-
95) HAVING DELTA ANGLE OF 5 °31'47" AN ARC DISTANCE OF 383.13 FEET TO A
POINT ON A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 73.00 FEET
WHOSE RADIUS BEARS N 61 039'17" W, THENCE WESTERLY ALONG SAID CURVE
HAVING A DELTA ANGLE OF 105 °30'31 ", AN ARC DISTANCE OF 134.43 FEET TO THE
POINT OF BEGINNING.
SURVEYOR AFFIDAVIT
[ERNEST W. DUNCAN]
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority, personally appeared ERNEST W. DUNCAN
(the "Affiiant" ), who, after being duly sworn, deposes and states:
I. The Affiant is a duly licensed land surveyor in the State of Florida and the- holder of
Professional Surveyor and Mapper License No, LS5182.
2. The Affiant prepard the Plat of Historic Depot Square, recorded January 12, 2012 in Plat
Book 114, Pages 197, 198 and 199, of the Public Records of Palm Beach County, Florida
(the "Plat ").
3. Subsequent to the completion and recordation of the Plat, the Affiant has discovered
several technical inadvertent errors in the Plat with respect to the legal descriptions in
certain deeds for the underlying real property described in the Plat.
4. The Roadway Transfer Agreement made by and between the Florida Department of
Transportation ( "FDOT") and the City of Delray Beach, Florida ( "City ") dated February
22, 2008 and recorded April 28, 2011 in Official Record Book 24494, Page 1815 of the
Public Records of Palm Beach County, Florida (the "FDOT Deed'), FDOT transferred and
conveyed to the City a portion of Depot Road to the City, and the City accepted the portion
of Depot Road and agreed 'to operate and maintain said Depot Road.
5. In connection with the platting process and as part of the Agreement to Exchange Real
Property made by and between the City and Depot Industrial Center, LLC ("Depot'),
referenced in the City of Delray Beach Resolution No. 30 -11, a certified copy of which is
recorded in Official Record Book 24968, Page 463 of the Public-Records of Palm Beach
County, Florida (the "City Deed "), the City conveyed certain real property to Depot.
However, the legal description attached as Exhibit "A' to the City Deed inaccurately
referenced certain monuments and dimensions. Attached hereto as Exhibit "A" is the
corrected legal description which properly describes the lands being transferred by the City
to Depot pursuant to the City Deed, and should be attached to the revised City of Delray
Beach Resolution.
FURTHER AFFIANT SAYETH NAUGHT
I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
g I rE4ENEST W. DUNCAN
` ST i� OF � ••
STATE OF FLORIDA tA
Ifrtp11%� °`�
COUNTY OF PALM BEACH j
Sworn to, affirmed, and subsc ' ed before me this �
�_ day of November, 2014 by
ERNEST W. DUNCAN, who j is personally known or j ] produced , as
identification.
NOTARY PUBLIC, STATE OF FLORIDA
4WIWT Print Name: L u i 5 A C R, 05 i4 6ZA
STATE �'� My commission expires:425 �� 1
FF030M
[Seal] EVkW aar"7
� ,�,Jl-�,* "A r) o ,� r
A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NE CORNER OF SAID SECTION 18, THENCE N 89 °09'53" W,
ALONG THE NORTH LINE OF SAID SECTION 18, A DISTANCE OF 251.14 FEET; THENCE
S 14 028'43" W, ALONG THE EAST RIGHT OF WAY LINE OF THE CSX RAILROAD, A
DISTANCE OF 143.83 FEET TO A POINT ON A CURVE CONCAVE NORTHERLY HAVING
A RADIUS OF 600.00 FEET AND A DELTA ANGLE OF 11 015'49 "; RADIAL BEARING
THROUGH SAID POINT BEARS N 00 °3326" W; THENCE EASTERLY, AN ARC
DISTANCE OF 117.95 FEET TO A POINT ON A CURVE CONCAVE EASTERLY HAVING
A RADIUS OF 215.00 FEET AND A DELTA ANGLE OF 25 °3327 ", RADIAL BEARING
THROUGH SAID POINT BEARS S 68 °56'45" E; THENCE SOUTHERLY ALONG SAID
CURVE AN ARC LENGTH OF 95.90; THENCE S 04'30'11" E 5.48 FEET; THENCE
CONTINUE S 04 °30'11" E, A DISTANCE OF 977.03 FEET, THENCE S 31 °04'57" W A
DISTANCE OF 161.19 FEET; THENCE SOUTH 00 °39'48" E, 9.87 FEET TO A POINT ON
THE NORTH RIGHT OF WAY LINE OF NW 2ND STREET; THENCE S 89 056'26" E A
DISTANCE OF 204.93 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF
INTERSTATE 1 -95 AS RECORDED IN OFFICIAL RECORDS 2187, PAGE 1256; SAID
POINT BEING ON A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 1063.92
FEET, WHOSE RADIUS BEARS N 85 °23'36" W; THENCE NORTHERLY ALONG SAID
CURVE HAVING A DELTA ANGLE OF 8 °39'43" AN ARC LENGTH OF 160.85 FEET; TO
A POINT OF TANGENCY; THENCE N 04 103'20" W ALONG SAID WEST RIGHT OF WAY
LINE OF I -95, A DISTANCE OF 506.19 FEET; THENCE N 08 004'42" W ALONG SAID WEST
RIGHT OF WAY LINE OF I -95 DISTANCE OF 94.11 FEET TO A POINT ON A CURVE;
SAID CURVE CONCAVE EASTERLY HAVING A RADIUS OF 3969.72 FEET; THENCE
NORTHERLY ALONG SAID CURVE (BEING ON THE WEST RIGHT OF WAY LINE OF I-
95) HAVING DELTA ANGLE OF 5 031'47" AN ARC DISTANCE OF 383.13 FEET TO A
POINT ON A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 73.00 FEET
WHOSE RADIUS BEARS N 61039'17" W, THENCE WESTERLY ALONG SAID CURVE
HAVING A DELTA ANGLE OF 105 °30'31'% AN ARC DISTANCE OF 134.43 FEET TO THE
POINT OF BEGINNING.
Prepared by: RETURN
Noel Pfeffer
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, FL 33444
QUIT -CLAIM DEED
This Quit -Claim Deed, made this day of , 2015 between City Of
Delray Beach, a Florida municipal corporation, whose post office address is 100 N.W. First
Avenue, Delray Beach, Florida, 33444, grantor, and Depot Industrial Center, LLC, a Florida
limited liability company, whose post office address is 722 Peachtree Lane, Boca Raton, Florida
33486.
(Whenever used herein the terms "grantor" and "grantee " include all the parties to this
instrument and the heirs, legal representatives, and assigns of individuals, and the successors and
assigns of corporations, trusts and trustees)
WITNESSETH, that said grantor, for and in consideration of the sum of TEN AND
NO /100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand
paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release,
and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title,
interest, claim and demand which grantor has in and to the following described land situate,
lying and being in Palm Beach County, Florida, to -wit:
See Exhibit "A" attached hereto
To Have And To Hold, the same together with all and singular the appurtenances thereto
belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and
claim whatsoever of grantor, either in law or equity, for the use, benefit and profit of the said
grantee forever.
In Witness Whereof grantor has hereunto set grantor's hand and seal the day and year
first above written.
Signed, sealed and delivered in our presence:
WITNESS:
(Please Print or Type Name)
WITNESS:
(Please Print or Type Name)
CITY OF DELRAY BEACH, FLORIDA
Cary D. Glickstein, Mayor
CXv \1J6� ►e i� �' 2 k-3
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of ,
2015, by
who is personally known to me or who has produced
identification.
PA
(name of person acknowledging),
as
Signature of Notary Public - State of Florida
EXHIBIT "A"
LEGAL DESCRIPTION OF RIGHT OF WAY THAT CITY IS CONVEYING TO DEVELOPER
DEPOT ROAD RIGHT OF WAY
A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach
County, Florida, said parcel being more particularly described as follows:
Commence at the Northeast corner of said Section 18, thence N 89° 09' 53" W, along the North line of said
Section 18, a distance of 251.14 Feet; thence S 14° 28'43" W, along the East Right of Way line of CXS
Railroad, a distance of 143.83 Feet to a point on a curve concave Northerly having a radius of 600.00 Feet
and a Delta angle of 11 ° 15' 49 "; radial bearing through said point bears N 00° 33' 26" W; thence Easterly
having an arc distance of 117.95 Feet to a point on a curve concave Easterly having a radius of 215.00 Feet
and a Delta angle of 25° 33'27", radial bearing through said point bears S 68° 56'45" E; thence Southerly
along said curve an arc length of 95.90; thence S 04° 30' 11" E 5.48 Feet; thence continue S 04° 30' 11" E,
a distance of 977.03 Feet, thence S 31° 04' 57" W a distance of 161.19 Feet; thence South 00° 39' 48" E,
9.87 Feet to a point on the North Right of Way line of NW 2nd Street; thence S 89° 5626" E a distance of
204.93 Feet to a point on the West Right of Way line of Interstate I -95 as recorded in Official Records
2187, Page 1256; said point being on a curve concave Westerly, having a radius of 1063.92 Feet, whose
radius bears N 85° 23' 36" W; thence Northerly along said curve having a Delta angle of 8° 39'43 " an arc
length of 160.85 Feet; to a point of tangency; thence N 041 03'20" W along said West Right of Way line
of 1 -95, a distance of 506.19 Feet; thence N 08° 04'42" W along said West Right of Way of I -95 distance
of 94.11 Feet to a point on a curve; said curve concave Easterly having a radius of 3969.72 Feet; thence
Northerly along said curve (Being on the West Right of Way line of 1 -95) having Delta angle of 5° 31' 47"
an arc distance of 383.13 Feet to a point on a curve concave Northerly having a radius of 73.00 Feet whose
radius bears N 61° 39' 17" W, thence Westerly along said curve having a Delta angle of 105° 30' 31 ", an
arc distance of 134.43 Feet to the point of beginning.
Together With:
NW 2nd STREET RIGHT OF WAY
A portion of Mack Industries- Delray, as recorded in Plat Book 43, Page 138 of the Public Records of Palm
Beach County, Florida, being more particularly described as follows:
Beginning at the Northeast corner of said Mack Industries - Delray Plat (P.O.B), thence North 89° 56'26"
West a distance of 149.78 feet to a point of curvature; said curve concave Southeasterly, having a radius of
25.00 feet and a Delta angle of 90° 52' 11 "; thence Southwesterly along said curve, an arc distance of 39.65
feet; thence North 00° 48'37" West, a distance of 10.00 feet, to a point of curvature concave Southeasterly,
having a radius of 25 feet and a Delta angle of 90° 52' 11 "; thence Northeasterly along said curve for an arc
distance of 39.65 feet to a point of tangency; thence South 89° 56'26" East, a distance of 149.78 feet; thence
South 00° 48' 37" East, a distance of 10.00 feet to the Point of Beginning. Containing 1,752 Square Feet,
more.
Page 1 of 1
P:.izred by and satarn :,r
RICHAID A MURDOCH
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MURZ)OC'H, NYENRE5Se USU+ ,:H, PLLC
IA so;,, KFA Sr 47H SMEE W, SUITE :iG
Hasa r "1c u, F—, 33432
531 -XiMM
FU Sumtxs;
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[Sp•:ce above ihis linc for recording dntal _
Special Warranty Deed
This Sl.'iecial Warranty .1)"d m :dc; tl.is _ jay of _ , 2015, b-.1I:ver,-,e, Industrial
Center, LLIC, n Fl-aj ida) liuriit'ed llab.lk its' '►'.;;_iYilE'�'fiy, 'Milose vo-A ofl ce address is 72 Peachirce Lane,
Roca RLLrn.., 111 33456, &un *or, and City of Deb -ray Beach, a Florida mar- 11;ipal corporation, w "hose
post office address is 100 NAV. lat Avenue, Delray Beach, :Acrid:, grantee:
( "Mienevi used herein the i�erms "granter" and "grantee"
include all the parties 'o flits ins�mer:.' and the
haiis, legal TrpresentuiNeS, and -assigns of indli`.✓]duais, and the si'ccessors and assigns ofcorpowtions, ti -asts
and trustce8)
VIlf ue ssyrh, =Onai said grantor, for and in co- iside.~ation of -the sum TEN Ai,,ID N0 1100 DOLLARS (V0. 0)
and other gocd and valuable consideration to sr:id grantor is :hzfnd paid by sa cs- grantee, the receipt whereof
is hereby ac nov-4edged, does hereby remise, release, and quitclaim to the said g:arte , and gram -.Cs htirs
and assigns foreveyr• aiN the right, title, inteiesi:, claim and demand which gr awor has in and to tha foilowing
described land, situate, lying and being in -P fl: Beach County, Fki gill !I()- V!it:
See Exhibit "A" attached hereto.
Subject to all inauers of record, zonning, res ric.ians, prohibitions and: other requir wmePis imi;^sed! by
governniontal --uthority; restrictions and rizatrs appearing on the pla or oti ailVise comn:cn to the
subdivision; public utility cas ;.vents of accord; assessments and tuxes for the year 2015 and suLseoue :t
yza°s, without reeklng to reinxpose any of sane;
Together .v :ih all tenemerrs, heredita:rents and: appurtz:nancas thereto belonging or in anywise
apt:, art in ing.
The Prop-.rty Ii-min conveyed is res!ric tod4 fbi'the Use and }`ui'11OS Ora &dicmed public robs right of way
fair No: hwesr 2 "d Street as s'siown en the Plat of Historic Dapot Square recorded in Plat Lcok 114.: zge
197 -199 of thc, Public Records of13a'm Sel ch County, Florije.
TO :119" a r: tU flolj' the same togellver vvitil all and•, singular the appurtenances the:eio belonging or in
anywise aor:rtaining and all the es€ew, rialit, title, inte:•est, Ilea, equity and claim vAatsoaver o.°g-ant�ls,
either ir. !aw or equity, for the use, tenefit, and profit of the said grantee forever.
�� Z L
In Witness Whereof, &ianto has ht;rt'urto .s,.°.i �,rano'�s At.'.iLk alnd seA, Ci- iay and fc.—nr `�Y'S' abov.�.
virritten-
Signs!, scaled and deli wve and in our pr:;sence:
,�ltness Name: - -
Depot :industrial Center, LLC, a Florida
limited liability company
V eNA/
!.!
Nave: Thomas A. bead
Tts: i ✓lanK�;er
w Bless "'TcL'ie:
STATE O
C :.JNT,Y' OF
The foregoing instnx ent :r «s acimo%viedged be ore n,c ihis day: _ 2M
b;•'t'ERnnt � 1�...! {earl, i �a a ;er nt' Depot l.ndus trial [enter, 'L:LC. a Florida limited liability
comparay, vino is persoually -known to me or has produ,,=- a as
identification.
F otay Seam
Notary Pnbiic
_Prarlted Name:
11Ay ZAI:Inlssioil
W?I-OZZCS MLL03S dVN A/S
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AiN'I:.E__''xtMENU TO ROADWAY IMPROVEMENT AI :RE:EINTI';i =T
'I'1.1IS AImENIwEi�i T TO IZ.CADNYAY IMPROVEMENT AGREEMENT
("Addendum") Trade ?s or aanuary , 2015 ('tile "Effective Date "), by -and belween ti£
C''M OF DELRAY BEACH, a Florida Muricipal Coipo:mtion (the "City ") and :DEPOT
1NI)USI'R:L%L C ,iwT'I'ER,.I�LC, G Fior:sla iir�i'- :iaiiil?'y compAr►y (th^ "Developer ";
1_R>ECITALS
A C'ty r_nd Developer enter r6 into %mitt certain Agree:ncrt to Exchr:lge Real F—Irperty in
which thy ^:,ty has abLndoncd 1lvpot Road ( "Ak- ridoned Dopot Roed'I ant! iiie
Developer has g!'ai!t-,d to he City a tt'mporary casemiarit ovcr, iipoll, across ard' un(ler
Abandoaed ;~repot Road unu; EevAope has complete cd the a;;nstucdon of ithe item'
roved "1vay ( "RelocMed ! -_)e lot- Road"); and
B. In connociion with the Agreenent to Rxchan3e Re i Pror;:rty, City end D_- Vtloper
z:iitcrad hao that ce:'tain: Roadwav !in orovenic -al Agrc�crnent dated as of DeCernber ?2,
201 i (``e "Agreern- :ns";, which Afyreemeva is mcoiporaled by rof'er°nce iaw the
Aoreenincid to Exclmnbc Real Properly.
C. E %weIor, -r had agreud to construcl Relocated Depot {toad, togethcr with requi ed
subsurface irnprovernents within forty - eight (48) irciltys alter the closing of the
A&rr ,rn nt W Excliange :newt Prope:aj which closed ca r?ugust 15, 2M (the
"Comp!et:on D_He ").
D. Cl' ,y and Developer desire to extelid tnx: Comp?P; ion Crate o Augus i 5, 2017 (du
"Extended Completion Crate").
14O§"V, 1'.}03PLE -F ORE, in consid„ra lon of Ten Poilais ($10.00) and other go3O and
v .luab :' cor!sit eration, use iec::ipt end suff-IIciericy of which is heraby act? no'vi;i dlged, the parties
mending iob,me legally bound, agree as follows:
1. Recitals. The above R-I. chats are true and correct and , ry incorporeed :lerviti by tl'}is
reference. Unless the ccale ;ct olhervrise mquires, all initiai ctnitalized terns used but not defined
in this Addendum, snail have the meaning or -nearmigis given to such terns in idle Agm(-,m nt.
f�� bu
This �':ddPlltlrlrrt shall b deemed a fair ::f, but shall take precedt.,mm aver and sup-M. any
7rovisio:is to lile convaiy coiltai -ad in, Flo Ak,o',L invent. All relfer.ences ir. lh,° Agreemerit o: this
Addeadun. *o :lie "Agreement" shall ba dce:red to re:er tc the A.grraemznnt its modixied by this
Adde. -Aurl, unless the coirWid othwDiwise reciui.-es.
2. Miscellaneous. The Agreement, as -nodified by taxis Amendment, remahns in fluii
fora: ar±d elect. To the ;;ctrn'_ of any inconsistency between the te:c.rs o: this .cnndrilcni and
the is .ms of the Agreement, one terns of This Aiine:cd neat shall supe scde znd control_ to the
extent of tit;, ;r.coasistency. Terms aot otherwise def ed herein shat. have the .Weaning s .i fo.th
:n 'he Ag dement.
1 0; 2
3. Construction of e'c mled 1De col Road. P;e :rl.st s„ ntsrce of section Z(d) cf the
Agreement is ameadeu to read as tolicay.s:
nc D.-VaroPer shall cor ;il ac cnvtmctia, -� of Ralocatccl..ie wt pwa it; ciccvr�ia ce vitlt
1P:G t2 s'ms ane, coJ" ih i `ns of ,lh s /-o 'eenve' 't vviat r. sevcnty-t;,s,o (72) miont s ?cr the closi ?.g c %ate
of thug •eement, cr.rxchwigs of.Real Prove y.
4. CounterrLarts. This A.- nerdr;':e nt may i.L executed in mun erputs, and vihen copies
h ;reo are executed by Boyer and Seller; c h s Amendment sluali be clee.r -d effcc:iae. Faesh -nih-
or ""Miff s:ginat". ms ^.Al be ?.cc ?pt'cd.
5. Rad,flcatio-n. The terns, cond= io!:s and p 'ovisio: s of the Agr ee.-nen'I v'F, t,YCLpt es
Trod ?>'leu Therein, ratified undl. l. conf'1. hed, and this t - cerllem su i:'Scrdes ?Ay 9g- werhenis and
'Jill•!' +.anc.ings, iiv t 'bZJ'ltt,:ih and oral V' ✓lth .' S> ti C5 CO Imi1.:£L1 , at iCTiu iG`':'?':1.
1711 rlI NESS Wili;Y; s05, the -' ty and ale Da v8 cper have .a.usiud ?:mis !'-�?h" eti dnhem, is
Roadway Improvement i'lgxcnncnt to be :,xecuird ant' io be cMective as o Jana. y -_ -
2Oi5.
A7, 113S ±':
Ci!y of Aelvay Beach, w Florida rnunicilml
comorar :on
BY:. BY:
Mayor
. ,pihroved as to Farm:
City A iorney:
Wimesses:
Depot .lud"strial Center, ITC, a _Riorida
limited Faoili , company
?age 2 of 2
Thomas A. Head, Manager
DEPOT INDUSTRIAL CENTER, LLC
c/o Scott T. Rhine, C.P.A.
777 East Atlantic Avenue
Suite 226
Delray Beach, Florida 33483
January 19, 2015
Noel M. Pfeffer, Esq.
City Attorney
200 N.W. I" Avenue
Delray Beach, Florida 33444 -2768
RE: Historic Depot Square /Abandonment of Easement on Model Land Company Plat
Dear Mr. Pfeffer:
In consideration of the City of Delray Beach, Florida (the "City ") abandoning that portion of that certain
easement on the Model Land Company Plat, as more particularly described on Exhibit "A" attached hereto
(the "Easement ") pursuant to City of Delray Beach Resolution dated , 2015 (the
"Easement Abandonment "), Depot Industrial Center, LLC, a Florida limited liability company, ( "Depot ")
agrees as follows:
For a period of seven (7) years from the date of Easement Abandonment by the City, Depot
shall indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney
selected by the City Attorney, and reasonably approved by Depot, to defend City, its officers,
agents, servants, and employees from and against any and all causes of action, demands, claims,
losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses
actually incurred by the owner of any real property encumbered by the Easement being abandoned,
which are caused or alleged to be caused by the City's Easement Abandonment. In the event any
lawsuit or other proceeding is brought against City by reason of any such claim, cause of action, or
demand directly relating to the Easement Abandonment, Depot shall, upon written notice from
City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's
option, pay for an attorney selected by City Attorney to defend City. The obligations of Depot
hereunder expire on the seventh (71) anniversary of the City's Easement Abandonment. To the
extent considered necessary by the Contract Administrator and the City Attorney, any sums due
Depot under this Agreement may be retained by City until all of City's claims for indemnification
pursuant to this Agreement have been settled or otherwise resolved. Any amount withheld shall not
be subject to payment of interest by City.
Very truly yours,
DEPOT INDUSTRIAL CENTER, LLC
0
Thomas A. Head, Manager