Res 73-05
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RESOLUTION NO. 73-05
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, REPEALING
RESOLUTION NO. 86-04, WHICH AUTHORIZED THE
ACQUISITION OF THE PROPERTY OWNED BY :MR. AND
MRS. MALKEMES, AS LEGALLY DESCRIBED HEREIN,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission authorized, pursuant to Resolution 86-04, the acquisition
of land legally described as the West 211.06 feet of the East 432.65 feet of the Southwest Quarter
(SW 1/4) of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW V4) of Section 12,
Township 46 South, Range 42 East, Palm Beach County, Florida; LESS the South 40.00 feet thereof
(see Exhibit "A"), for park purposes; and,
WHEREAS, the parties were unable to come to terms on the acquisition; and
WHEREAS, the City desires to repeal Resolution 86-04 nullifying the acquisition of land
therein provided.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA THAT:
Section 1. That the recitals set forth above are hereby incorporated as if fully set forth
herein.
Section 2. That Resolution 86-04 is hereby repealed it its entirety.
Section 3. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED thi~~y of ~ ,2005.
CITY OF DELRA Y BEACH, FLORIDA
ATTEST: t9~!- t4..
I ~\). ~~
City Clerk
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Parcel 2 - Malkemes Property
The West 211.06 Feet of the East 432.65 Feet of the Southwest
Quarter (SW V4) of the Southeast Quarter (SE V4) of the Northwest
Quarter (NW V4) of Section 12, Township 46 South, Range 42 East,
Palm Beach County, Florida; LESS the South 40.00 Feet thereof.
EXHIBIT "A"
2 RES. NO. 73-05
[ITY DF DELIAY BEA[H ~
CITY ATTORNEY'S OFFICE :'(1(; "\\\ ",\\T'\ ( L· DELR -\Y SF -\C!I FLORIDA <3444
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DELRAY BEACH Writer's Direct Line: 561/243-7091
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All-America City MEMORANDUM
, III I! DATE: September 13, 2005
City Commission
1993 TO:
2001 David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Resolution 73-05 Repealing Resolution 86-04 which Authorized
the Acquisition of the Malkemes Property
John Little, lawyer for the Malkemes has requested that the City Commission
repeal Resolution 86-04 regarding the acquisition of the Malkemes property in
order to remove any inference of a cloud on the title.
I have prepared this Resolution 73-05 to repeal the previous resolution as
requested.
Please place Resolution 73-05 on the September 20, 2005 consent agenda for
approval. Thanks.
cc: Chevelle Nubin, City Clerk
Carolanne Kucmerowski, Agenda Coordinator
John Little, Esq.
8c-
·
RESOLUTION NO. 73-05
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REPEALING
RESOLUTION NO. 86-04, WHICH AUTHORIZED THE
ACQUISITION OF THE PROPERTY OWNED BY MR. AND
MRS. MALKEMES, AS LEGALLY DESCRIBED HEREIN,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission authorized, pursuant to Resolution 86-04, the
acquisition of land legally described as the West 211.06 feet of the East 432.65 feet of
the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of the Northwest
Quarter (NW ~) of Section 12, Township 46 South, Range 42 East, Palm Beach
County, Florida; LESS the South 40.00 feet thereof (see Exhibit "A"), for park purposes;
and,
WHEREAS, the parties were unable to come to terms on the acquisition; and
WHEREAS, the City desires to repeal Resolution 86-04 nullifying the acquisition
of land therein provided.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA THAT:
Section 1. That the recitals set forth above are hereby incorporated as if fully
set forth herein.
Section 2. That Resolution 86-04 is hereby repealed it its entirety.
Section 3. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this day of ,2005.
CITY OF DELRAY BEACH, FLORIDA
MAYOR
Attest:
City Clerk
·
Parcel 2 - Malkemes Property
The West 211.06 Feet of the East 432.65 Feet of the
Southwest Quarter (SW 'i4) of the Southeast Quarter (SE
'i4) of the Northwest Quarter (NW 'i4) of Section 12,
Township 46 South, Range 42 East, Palm Beach County,
Florida; LESS the South 40.00 Feet thereof.
EXHIBIT" A"
2 RES. NO. 73-05
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