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Res 55-00RESOLUTION NO. 55-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SEIJ. 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 DF, I,RAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located at 2350 Jaeger Drive; 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 RESOLVED 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 the Delray Racquet Club Association, Inc., as Buyer, land used as tennis courts and parking, for the purchase price of Two Hundred Twenty-Five Thousand and 00/100 Dollars ($225,000.00), and other good and valuable consideration; said property being more particularly described as follows: See Exhibit "A" Section 2. That the costs of dosing and transactions, tire insurance, document preparation and attorney's fees shall be borne by the City of Delray Beach, Florida. 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 regn!ar~ ~'sessi°n on this the 25m~ MAYOR - ' Cit~ Cle~l~' -- I CONTRACT FOR SALE AND PURCHASE CITY OF DELRAY BEACH, a Florida municipal corporation ("Seller"), and DELRAY RACQUET CLUB ASSOCIATION, INC., ("Buyer"), hereby agree that the Buyer shall buy and Seller shall sell the following real property ("Property") upon the following terms and conditions: I. DESCRIPTION: As described in Exhibits 1, 2 and 3. II. PURCHASE PRICE: $225,000.00 for the property described in Exhibits "1", "2" and "3"; and $150,000.00 for the upkeep and maintenance of the tennis courts and parking lot as set forth in the Special Warranty Deed attached hereto in the form shown in Exhibit 5 for the time period of the Seller's reservation of easements. 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 August 4, 2000, the offer will, at Seller's option, be 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: Seller shall obtain, at its expense, a title insurance commitment in the amount of $225,000.00 to be issued by Attorneys' Title Insurance Fund and delivered by ten days prior to closing to Buyer's counsel with legible photocopies of all items proposed to be excepted from coverage. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before September 5, 2000, unless extended by other provisions of Contract. This closing shall coincide simultaneously with the closing of the contract for sale and purchase of the property described in Exhibit "A" between the City of l)elray Beach and Delray Beach International Tennis Resort, Ltd. and is contingent upon the City obtaining fee simple title to the property from the Delray Beach International Tennis Resort, Ltd. 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 easemems of record; taxes for year of closing and subsequent years; provided that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for community facility or condominium association recreation use. VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. X. RIGHT OF FIRST REFUSAL: Any future conveyance of the Property, described in Exhibit 1 or 2, shall be subject to a right of first refusal by the Seller governed by the following terms and conditions: (The terms Buyer and Seller refer to the terms as defined in this agreement.) In the event Buyer receives a bona-fide offer to purchase the Real Property, or any part thereof, in an arms-length transaction ("Offer") which Buyer wishes to accept, the Seller shall have a first right of refusal to purchase such Real Property upon the same terms and conditions contained in the Offer. In the event of the receipt of an Offer Buyer shall present to the Seller_a true copy of the Offer which Buyer intends to accept. Upon Buyer's delivery of the Offer to Seller, Seller shall have thirty (30) days thereafter within which to elect to exercise its right of first refusal by the delivery of written notice to Buyer of its exercise of its right of fu'st refusal to the Property in accordance with the terms and conditions contained in the Offer and this Section. The closing between Buyer and Seller under the first refusal shah occur within thirty (30) days following the Seller's timely exercise of its right of first refusal. In the event the Seller fails to timely exercise its first right of refusal, the right of refusal shall terminate and Buyer shall be free to close under the Offer pursuant to the terms of the Offer. In the event the offer is for less than all of the Real Property, this right of fn'st refusal shall continue as to the remainder of the Real Property. The Seller is hereby expressly authorized to record a memorandum evidencing the subject right of first refusal in the Public Records of Palm Beach County, Florida. XI. RESERVATION OF EASEMENTS: Seller shall, in the conveyance of the property, reserve and retain a non-exclusive easement for ingress, egress and use of the parking spaces by the public and Seller described in Exhibit "4," for a period of 99 years from the date of this conveyance, over the parking area described and shown in Exhibit "1" and the terms and conditions of which are more particularly set forth in the Deed attached hereto as Exhibit "5". Seller shall maintain the parking area described in Exhibit "1" in a reasonable manner and consistent with the same manner that it maintains public parking lots throughout the City of Delray Beach. Seller shaH, in the conveyance of the property, reserve and retain a non-exclusive easement, for a period of 35 years, for the use, operation, and maintenance of the tennis courts described in Exhibit "2", the terms and conditions of which are more particularly described in the Deed attached in Exhibit "5". Seller shall, in the conveyance of the property, reserve and retain a non-exclusive easement for ingress, egress by Seller, as long as Seller owns the property described in Exhibit "4," over the area described and shown in Exhibit "3" and the terms and conditions of which are more particularly set forth in the Deed attached hereto as Exhibit "5" XII. SPECIAL CONDITIONS: A. This Contract is subject to Buyer at closing granting to Seller, its successors and assigns an easement for ingress and egress over that certain walkway depicted in Exhibit "6" for a period of ninety nine (99) years from the date of this conveyance in the form attached as Exhibit 8. B. This Contract is subject to Buyer at closing granting to Seller its successors and assigns an easement for that certain encroachment as described in Exhibit "7" for a period of ninety nine (99) years from the date of this conveyance in the form attached as Exhibit 9. STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A tide insurance commitment issued by a Florida licensed tide insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of tide insurance in the mount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable tide shall be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If tide is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey: Seller, at Seller's expense, within time allowed to deliver evidence of tide and to examine same, shall have the real property surveyed and certified by a registered Florida surveyor to Buyer and Buyer's counsel. If survey shows encroachment on real property or that improvements 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 tide defect. C. Ingress and Egress: Seller warrants and represents that there is ingress and egress to the real property sufficient for the current existing and intended use as described herein, title to which is in accordance with Standard A. D. Liens: Seller shall furnish to Buyer at time of closing an affidavit from Seller and from Delray Beach International Tenrfis Resort, Ltd. attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. E. 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 Seller. F. 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 provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. G. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, closing statement, and corrective instruments. Buyer shall furnish mortgage, mortgage note, security agreement, and financial statements. H. Expenses: Documentary stamps on the deed shall be paid by Buyer. I. Prorations; credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill. I. Special Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confmned or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. City has no knowledge of any such liens. K. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3 %) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3 %) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s). L. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1997), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. M. Failure of Performance: If Buyer fails to perform this Contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; wheretrpon, Buyer aad Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. N. Agreement 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 enure 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. O. Conveyance: Seller shall convey the properly by way of Special Warranty Deed in form attached hereto as Exhibit "5.' P.- 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. R. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. SELLER: City of Delray Beach Mayor ATTEST: City Cl~rl~ Approved as to Form: By: ~'~'~ ~ ~..CityAttorney BUYER: Delray Racquet Club Association, Inc. Printed Name: ,~ V~ ~) Title: ,~$50 · I~R~. . '(Pr'p~l~ m/~~~./t~'///~} e name) (print or type name) EXHIBIT "1" TO TI-IF. CONTRACT FOR SALE AND PURCHASE LAVER'S RECREATIONAL PROPERTY LEGAL DESCRIPTION: PARKING AREA A PORTION OF PARCEL "A", LAVER'S DELRAY RACQUET CLUB ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, AT PAGES 112 AND 113, OF THE PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMNIENCE AT SOUTHEAST CORIqER OF TRACT I, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29 AT PAGE 6 l, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON THE' EAST LINE OF SAID TRACT I AND BEING THE POINT OF TANGENCY OF A CURVE IN THE SOUTHEAST CORNER OF SAID TRACT 1; THENCE N02°49'35"W TANGENT TO SAID CURVE ALONG THE EAST BOUNDARY OF SAID TRACT I, FOR A DISTANCE OF 488.69 FEET TO A PO['NT ON THE SOUTH LINE OF PARCEL "A", LAVER'S DELRAY RACQUET CLUB ADDITION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, AT PAGES I12 AND i13 OF THE PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA; THENCE S 90000'00" E ALONG SAID SOUTH LINE OF PARCEL "A" FOR A DISTANCE OF 60.07 FEET; THENCE N02°49'35"W ALONG A LINE PARALLEL WITH AND 60.00 FEET EAST OF AS .MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID PARCEL "A" SAID LINE ALSO BEING THE EAST RIGHT OF WAY LINE OF THE ABANDONED AND/OR VACATED 60.00 ROAD RIGHT OF WAY OF JAEGER DRIVE ACCORDING TO OFFICIAL RECORDS BOOK 3077 AT PAGE 1597 OF THE PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA FOR A DISTANCE OF 20.02 FEET TO THE POITqT OF BEGII~NING; THENCE CONTINUE NO2°49'35"W ALONG THE AFORESAID DESCR/BED LINE FOR A DISTANCE OF 84.51 FEET; TI-[ENCE S87° 10'25'W FOR 18.00 FEET; THENCE N02°49'35"W FOR 32.00 FEET; THENCE N87°I0'25"E FOR 20.00 FEET; THENCE S90°00'00'E FOR 27.05 FEET; THENCE N00°00'00"E FOR 13.57 FEET; tHENCE S90°00'00'E FOR 104.10 FEET; THENCE N00°00'00'E FOR 54.80 FEET; THENCE S90°00'00'E-FOR 85.94 FEET; ['HENCE N00°00'00"E FOR 53.59 FEET; THENCE N00°14'49"E FOR 30.57 FEET; THENCE S90°00'00'E FOR 16.35 FEET; [`HENCE SO0°00'00"W FOR 268.99 FEET; THENCE N90°00'00"W ALONG A LINE PARALLEL WITH AN 20.00 FEET NORTH AS vIEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID PARCEL "A" FOR A DISTANCE OF 229.83 FEET TO THE ~O[NT OF BEGINNING. 2ONTA/NI'NG 0.860 ACRE MORE OR LESS. ;AID LANDS SITUATE WITHIN TIlE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLOR/DA. 2KRTIFICATE: [-I~R~BY CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, AND Iv~ETS 'H~ MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYTNG IN THE STATE OF FLORIDA, AS SET FORTH BY THE FLORIDA BOARD OF SURVEYORS d~rD MAPPERS IN CI'LM~T~ 61G17-6, OF THE FLORIDA ADME'qISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES, A.S APPLICABLE OR LEGAL DESCRIPTIONS. /7 LORIDA 2~AT£ LB. NO.~9 / R. OFF~SSI~~E¥~'R & MAPPER DATED FEBRUARY 17, 2000 FILE: C:\CA.ICL~14984~ARK/NG.PUB OTE& THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY ("THIS IS NOT A SURVEY"). BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF TIlE PLAT OF LAVER'S DELRAY RACQUET CLUB ADDITION, PB ~t2, PG 112 & 113, HAVING A2q A.SSUMED BEARING OF S02~49'35"E. HEET I OF 2 SHEETS FILE NO. 00-14984oSS4 Heller-Weaver and Cato, Inc. Engineers ... Surveyors Palm Beach County 3 I0 Southeast First Street, Suite Four DeL-ay Beach, Florida 33483 (56 l) 243-8700 Loca{ (561) 243-8777 Fax (561) 732-2588 Palm Beach SHEET 2 OF 2 SNEF..'T$ / ~,O~NT OF COMMENCEMENT; SOUTHEAST CQRNI~ TRACT 1, LAKE RAY (P.B. 29, PG. 61) ~,: .'-". C E L "A" LAVER' ~. DELPA',' P ?, ('.' ,:.} ~. J E-T ADDITION ,,,~.B. '42. PG, 1 ;2-1:5) N,.-'T I H '2 LU D E D 12' UTIL,n'Y EASEMENT (P.a. 42. PG."112-113) $90'00'00"E 104.10 sgo'00'OO'E 85..94 PARKING AREA (CONTAINING 0.E~ ACRES MORE OR LESS) $90'00'oo"E 16 35 z ~ N02',I.g'35"W 14' UTILITY E.a~EMENT (P.B.4.2, PG.112-113) 15' UTILJ'TY EASEMENT (P.a.30, PG.33) 229 83 NgO'OO'OO"W SOUTH UNE PARCEL 'A'. LAVER'S DELRAY RACQUET ADDITION (P.B. 4.2. PG. 112--11.3) LOT "D" W£NTON Vi !LLA".;E ('P.B 30, PC..,. 33" r LEGEND: ] O.R.B. PG. P.B.C. R A PbAT BOOK OFFICIAL RECORDS BOOK PALM BE. ACH COUNTY RADIUS DELTA ARC OISTANCE RIGHT-OF-WAY SKETCH TO ACCOMPANY LEGAL DESCRIPTION A PORTION OF PARCEL "A", LAVER'S DELRAY RACQUET ADDITION (PLAT BOOK 4-2, PAGES 112 AND 11,:3) CITY OF' DELRAY BEACH PALM BEACH COUNTY, FLORIDA FILE NO. 00--14.984.-SS 5 EXHIBIT "2" TO THE CONTRACT FOR SALE AND PURCHASE LAVER'S RECREATIONAL PROPERTY TENNIS COURT AREA LEGAL DESCRiPTION: A PORTION OF PARCEL "A", LAVER'S DELRAY RACQUET CLUB ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN' PLAT BOOK 42, AT PAGES 112 AND 113, OF THE PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRiBED AS FOLLOWS: COMMENCE AT SOUTHEAST CORaNER OF TRACT !, LAKE RAY, ACCORDI'NG TO THE PLAT THEREOF, AS RECORDED FN PLAT BOOK 29 AT PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORiDA, SAID POrNT BEING ON THE EAST LINE OF SAiD TRACT ! AND BEING THE POINT OF TAaNGENCY OF A CURVE IN THE SOUTHEAST CORNER OF SA.ID TRACT I; THENCE N02°49'35"W TANGENT TO SAID CURVE ALONG THE EAST BOUNDARY' OF SAID TRACT I, FOR A DISTANCE OF 488.69 FEET TO A POINT ON THE SOUTH LINE OF PARCEL "A", LAVER'S DELRAY ,RACQUET CLUB ADDITION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, AT PAGES 112 AND 113 OF THE PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA; THENCE S 90000'00'' E ALONG SAID SOUTH LINE OF PARCEL "A" FOR A DISTANCE OF 288.91 FEET; THENCE N00°00'00'E"' FOR 29.00 FEET TO THE POINT OF BEGrNNTNG; THENCE CONTINUE N00°00'00"E FOR 259.99 FEET; THENCE sg0°00'00"E FOR 301.00 FEET; TI-[ENCE SO0° O0'00"W FOR 259.99 FEET; THENCE Ng0°00'00"W ALONG A LINE PARALLEL WITH Aa'ND 29.00 FEET NORTH AS VlEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID PARCEL "A" FOR A DISTANCE OF 301.00 FEET TO THE >OI'NT OF BEGrNNTNG. '.ONTAINING 1.800 ACRES MORE OR LESS - ;AID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. 3ERTIFICATE; HEREBY CERT1TY THAT THIS SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY :aqOWLEDGE AND BELIEF, AND MEETS TI-{E MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE ;TATE OF FLORIDA, AS SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS IN CH.4d:rI'ER 61017-6 )F TI'IE FLORIDA ADMTNISTRATIWE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES, AS APPLICABLE OR LEGAL DESCRIPTIONS. DATED FEBRUARY 17, 2000 FILE: C :\CAICE\ 14984\TENNIS.PUB THIS SKETCH AND LEGAL DESCRiPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY ("THIS IS NOT A SURVEY"). BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF ~ PLAT OF LAVER'S DELRAY RACQUET CLUB ADDITION, PB 42, PG 112 & 113, HAVING AaH' ASSUMED BEARING OF S02°49'35'E. {EET I OF 2 SHEETS FILE NO. 00-14984-SS6 [eller-Weaver and Cato, Inc. Er gineers ... Surveyors Palm Beach County 310 Southeast First Street, Suite Four De[ray Beach, Florida 33483 (561) 243-8700 Local (561) 243-8777 Fax (56l) 7.32-2588 Palm Beach POINT OF' B~GINNINO ~ NO0'O0'O0'~' 29.00' N": ' ' ~ " ' , $ 90'00'00' E 301.00' TENNIS COURT AREA (CONTAINING1.800 ACRES MORE OR LESS) 288.91 · $9~00°00'E (P.g.~.2, PG. 112--113) 301.00' 15' UTILITY EASEMENT (P.e.30. P~.33) WENTON VILLAGE (P.B. 30, PC,. 33" I ,LEGEND: ] O.R.8. PG. P.B.C. R A - I Ngo'QQ'OO"W PARCEL "A", LAVF_R'$ OE'LRAY RACQUET ADDITION (P.B. ~2. PG. 112-113) PLAT BOOK OfF,CUd. R£CO~OS BOOK .~£(s) PALM BF. ACH COUNTY RADIUS ARC DISTANCE RIGHT-OF--WAY ! %'"'~"'"'*" POI NT OF COMMENCEMENT; $OUTH~T CORNER T1RACT 1, LAKE RAY (P.B. 2s. Po. el) SKETCH TO ACCOMPANY LEGAL DESCRIPTION A PORTION OF PARCEL 'A", LAVER'S DE1.RAY RACQUET AD01TION (PLAT BOOK 42, PAGES 112 AND CITY OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA -IEET 2 OF 2 SH£['T~ FII.~ NO. O0--14984--S~ 7 EXtHBIT "3" TO THE CONTRACT FOR SALE AND PURCHASE LAVER'S RECREATIONAL PROPERTY PROPERTY TRANSFER LEGAL DESCRII'TION: A PORTION OF TRACT 1, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29, PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF LAVER'S DELRAY RACQUET CLUB ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42 AT PAGES 112 AND 113, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT SOUTHEAST CORNER OF TRAGT 1, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29 AT PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON THE EAST LINE OF SAID TRACT 1 AND BEING THE POINT OF TANGENCY OF A CURVE IN THE SO~AST CORNER OF SAID TRACT 1; THENCE N02°49'35"W TANGENT TO SAID CURVE ALONG THE EAST LINE OF SAID TRACT I, FOR A DISTANCE OF 265.05 FEET; THENCE S87° 10'25"W FOR 104.48 FEET; THENCE N19°59'24"W FOR 22.30 FEET; THENCE S70° 00'36"W FOR 153.50 FEET; THENCE N19°59'24"W FOR 5.00 FEET; THENCE S70°00'36'W FOR 166.20 FEET; THENCE N19° 59'24"W FOR 13.79 FEET; THENCE S80°28'00"W FOR 21.16 FEET; THENCE N19°59'24"W FOR 102.87 FEET; THENCE S70° 00'36"W FOR 15.22 FEET; THENCE N 14°49'09'W FOR 139.54 FEET; THENCE N34° 16' 18"E FOR 106.18 FEET; THENCE N74° 25'51"E'FOR 182.00 FEET; THENCE Nlg°42'36"E FOR 87.78 FEET; THENCE N82°31'lg"E FOR 34.49 FEET; THENCE N02° 49'35"W FOR 200.03 FEET; THENCE S90°00'00"E FOR 13.83 FEET; THENCE N02°49'35"W FOR 102.35 FEET; THENCE N87° 10'25"E FOR 143.54 FEET; THENCE N02049'35"W FOR 12.06 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N02°49'35"W FOR 75.71 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF EGRET CIRCLE AS SHOWN ON THE PLAT OF LAVER'S NORTH ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 43 PAGES 92 THROUGH 94 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAR) POINT BEING ON A NON- TANGENT CURVE; SAID POINT BEARING N04°50'02"E FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE; THENCE EASTERLY ALONG A CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO THE SOUTH, HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 17°59'55" FOR AN ARC DISTANCE OF 62.83 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY ALONG A CIRCULAR CURVE TO THE LEFT AND CONCAVE TO THE NORTH, HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 04°43'53,, FOR AN ARC DISTANCE OF 16.52 FEET TO A POINT OF NON TANGENCY; THENCE DEPARTING FROM SAID SOU2~ RIGHT OF WAY LINE OF EGRET CIRCLE AND RUN S08°30'00'~V FOR 35.30 FEET; THENCE SS0°00'00"W FOR 23.37 FEET; THENCE S09°59'50"E FOR 13.82 FEET; THENCE S$7° I0'25"W FOK 46.71 FEET TO THE POI2NT OF BEGINNING. SAID LANDS SITUATE W{THIN THE CITY OF DELRAY BEACH~ PALM BEACH COUNTY, FLORIDA~ CONTAINING 0.100 ACRE MORE OR LESS .I!~R-WEAVER AND S~IEREMETA, INC. PRO~SSIO~/AL SURVEYOR AND MAPPER FLO~ATE REG. NO. 3550 NOTES: DATED: JULY 17, 2000 FILE: MYDOCS/PUBFILES/DELRAY/LAVERS/DEEDXFE1LPUB 1.) THIS SKETCH AND LEGAL DESCPdPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY ("THIS IS NOT A SURVEY"). 2.) BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE PLAT OF LAVER'S DELRAY RACQUET CLUB ADDITION, PB 42, PG 112 & 113, HAVING AN ASSUMED BEARING OF S02°49'35"E. SHEET 1 OF 2 SHEETS FILE NO. 00-14984.001-SSl 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 P.B. PLAT BOOK o.R.a o~'mc~v. RECOROS BOOK ,~.B.C. PALM BEACH COUNTY R RADIUS A DELTa A ARC DISTANCE R/W RIGHT--OF'- WAY P.O.C. POINT OF' COMMENCEMENT PoO. B POINT OF' BEGINNING TP~ACT !, LAK£ ~'B ,/..-, F'G,  N82 'Jf'fB~ ! (~'.£' 12. P'.';*, I ~£-- I ;j) , i WENTON V:L L/iGE ('P.B. .%i F','_' :, J5" SHEET 2 OF' 2 SHEET~ EAST UNE OF TRACT 1, LAKE (P.a. ~9, P~. 60 SOUTI4 BOUNDARY OF' TRACT I, LAKE RAY (P.e. 29, PG. 61) sOUTHEAST CORNER TRACT I, LAKE g4Y (P.e. 29, PG. 61,) F-ICE NO. 00-149~4.001-SS EX]-rlBIT "4' TO TI-IF. CONTRACT FOR SALE AND PURCHASE LAVER'S RECREATIONAL PROPERTY CLUB AREA LEGAL DESCRIPTION: A PORTION OF TRACT I, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED Hq PLAT BOOK 29, PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF LAVER'S DELRAY RACQUET CLUB ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORDED Hq PLAT BOOK 42 AT PAGES 112 AND 113, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COM3dENCE AT SOUTHEAST CORNER OF TRACT I, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED Hq PLAT BOOK 29 AT PAGE 6 l, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON THE EAST LINE OF SAID TRACT I AND BEING THE POI-NT OF TANGENCY OF A CURVE IN THE SOUTHEAST CORNER OF SAID TRACT 1; THENCE N02°49'35"W TANGENT TO SAID CURVE ALONG THE EAST LINE OF SAID TRACT I, FOR A DISTANCE OF 265.05 FEET TO THE POINT OF BEGINNING; THENCE S87°10'25"W FOR I04.48 FEET; THENCE Nl9o !59'24"W FOR 22.30 FEET; THENCE S70°00'36"W FOR 153.50 FEET; THENCE N19°59'24"W FOR 5.00 FEET; THENCE S70o 00'36"W FOR 166.20 FEET, THENCE NI9°59'24"W FOR 13.79 FEET; THENCE S80°28'00"W FOR 21.16 FEET; THENCE Nl9° 59'24"W FOR 102.87 FEET; THENCE S70°00'36'W FO?, 15.22 FEET; THENCE N14°49'09"W FOR 139.54 FEET; THENCE N34° 16' 18"E FOR 106.18 FEET; THENCE N74°25'5 I"E FOR ~:~2.00 FEET; THENCE N i 8°42'36"E FOR 87.78 FEET; THENCE N82° 31'18"E FOR 34.49 FEET; THENCE N02°49'35"W FOR 200.03 FEET; THENCE S90°00'00"E FOR 13.83 FEET; THENCE N02° ¢9'35"W FOR 102.35 FEET; THENCE N87°10'25"E FOR 143.54 FEET; THENCE N02°49'35"W FOR 87.77 FEET TO A POHq'r ON THE SOUTH RIGHT OF WAY LINE OF EGRET CIRCLE AS SHOWN ON THE PLAT OF LAVER'S NORTH ACCORDHqG TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 43 PAGES 92 THROUGH 94 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID POINT BEING ON A NON-TANGENT CURVE; SAID POINT BEARING N04°50'02"E FROM THE RADIUS POi'NT OF THE NEXT DESCRIBED CURVE; THENCE EASTERLY ALONG A CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO THE SOUTH, HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 17°59'55'' FOR AN ARC DISTANCE OF 62.83 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY ALONG A CIRCULAR CURVE TO THE LEFT AND CONCAVE TO THE NORTH, HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 04°43'53" FOR AN ARC DISTANCE OF 16.52 FEET TO A POINT OF NON TANGENCY; THENCE DEPARTING FROM SAID SOUTH RIGHT OF WAY LINE OF EGRET CIRCLE AND RUN S08°30'00"W FOR 35.30 FEET; THENCE S80° 00'00"W FOR 23.37 FEET; THENCE S09°59'50"E FOR 35.80 FEET; THENCE S02°49'35"E ALONG A L/NE PARALLEL WITH AND 2.00 FEET WEST OF AS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF SAID TRACT 1 FOR A DISTANCE OF 348.76 FEET; THENCE N87°10'25"E 62.00 FEET; THENCE S02°49'35"E ALONG THE EAST RiGHT OF WAY LINE OF THE ABANDONED AND/OR VACATED 60.00 FOOT ROAD RiGHT OF WAY OF IAEGER DRIVE ACCORDING TO OFFICIAL RECORDS BOOK 3077 AT PAGE 1597 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FOR A DISTANCE OF I04.53 FEET TO A POINT ON THE SOUTH LINE OF PARCEL "A", LAVER'S DELRAY RACQUET CLUB ADDITION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 42 AT PAGES 112 AND 113 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N90°00'00"W ALONG THE SOUTH LINE OF SAID PARCEL "A" FOR 60.07 FEET TO A POINT ON THE EAST LINE OF SAID TRACT l; THENCE S02°49'35"E ALONG THE EAST LINE OF SAID TRACT I FOR A DISTANCE OF 223.64 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLOR/DA. CONTAINING 5.601 ACRES MORE OR LESS SHEET I OF 3 SHEETS FILE NO. 00-14984-SSI Heller-Weaver and Cato, Inc. Engineers ... Surveyors Palm Beach County 3 t0 Southeast First Street, Suite Four Delray Beach, Florida 33483 (561) 243-8700 Local (561) 243-8777 Fax (561) 732-2588 Palm Beach CERTIFICATE; [ HE,R, EBY C.ERTIFY THAT TI-tiS SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, AND MEETS THE MINIMUM TECH~CAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLOR/DA, AS SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 61G17-6, OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472,027 FLORIDA STATUTES, AS APPLICABLE FOR LEGAL DESCRIPTIONS, HELLER-WEAVER AND CATO, INC. FLORIDA 5/T-~TE LE PROFESSIONAL FLOR/DA STATE OR & MAPPER G. NO. 5118 DATED FEBRUARY 17, 2000 FILE: C:\CAICE\ 14984%AKERAY.PUB NOTES: THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVE~ ('~fHIS IS NOT A SURVEY"). 2.) BEARINGS SHOV~N HEREON REFER TO THE EAST LrNE OF THE PLAT OF LAVER'S DELRA¥ RACQUET CLUB ADDITION, PB 42, PG 112 & ! 13, HAVING AN ASSUMED BEARING OF S02°49'35"E. SHEET 2 OF 3 SHEETS FILE NO. 00-14984-SS2 Heller-Weaver and Cato, Inc. Engineers ... Surveyors Palm Beach County 310 Southeast First Street, Suite Four Dekay Beach, Florida 33483 (560 243.-8700 Local (561) 243-8777 Fax (561) 732-2588 Palm Beach SKETCH TO ACCOMPANY LEGAL DESCRIPTION A PORTION OF TRACT 1, LAKE RAY PLAT BOOK 29, PAGE 61 CITY OF DEI.RAY BEACH PALM BEACH COUNTY, FLORIDA LEG'END: I P.B. PLAT BOOK O.R.B. ornc~. ~ECORDS BOOK F~. PAGe(S) P.B.c. PAU~ B~,CH COUN~ ~ DELTA A ~C DIe. CE R/W RIG~--OF-WAY Ti~ACT 1, LZ~Y,_ (P.E. 29, NOT IIqCLUOF. O ENCROACHMENT j TENNIS Cl3URT_, F'ENC]NG) R. & 32'53, P,~:;E$ 384-390 CLUB AREA (CONTAINING 5.601 NBZ'31 - L N8'7'10'2.5"[ 12' ENCROACHMENT EASEMEI, rr (TENNIS PAGES 172.5--1758) (LAKE RAY PORTION) ACRES MORE OR LESS) ~P.E.. --,'~c' PC,. 61j N,:T INC LUC, FD I UN : or JAEGER DRIVE ~ - 12.7 UTILITY F..~,.SEMENT (P.B. 4.2. P0. I12-113) '11 (P.B. 4.2. PO. 1 12-113) I I WENT,?N ~ ' I Vi L." .~C- E , ,-,, ~, . ' I SHEET 3 OF' 3 SHEE'T$ I 0.~.4.8 EAST UNE OF TRACT 1, LAKE RAY (P.B. 2;. PG. e~) % ,~3UTH BOUNDARY OF TRACT 1. LA~E RAY (P.B. 29. ;~. BEGINNING POINT OF' COMMENCD4ENT; ~O UTHE. A.~'T CORNER TRACT I. LAKE RAY (P.B. 29. PO. 6'1) FILE NO. 00-14.g84-$$ 3 EXHIBIT "5" TO THE CONTRACT FOR SALE AND PURCHASE This instrument was prepared by and return to: R. Brian Shutt, Esq. 200 N.W. lst Avenue Delray Beach, Florida 33444 SPECIAL WARRANTY DEED THIS INDENTURE, made this ~ day of ,2000, between CITY OF DELRAY BEACH, a Florida municipal corporation of the County of Palm Beach, State of Florida, whose mailing address is 100 N.W. 1st Avenue, Delray Beach, Florida, 37.~.~., grantor*, and THE DELRAY RACQUET CLUB ASSOCIATION, INC, whose mailing address is 610 Egret Circle, Conference Center, Delray Beach, Florida 33444, grantee*. WITNESSETH that said grantor, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, subject to the reservations herein contained, have granted, bargained and sold to the said grantee, and grantee's successor and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida, to-wit: DESCRIPTION Attached hereto as Exhibits "1", "2" and "3" SUBJECT TO Grantor retaining and reserving the following rights and easements: 1. Parking Area Easement Grantor retains and reserves unto the public, itself, and its successors and assigns, a non-exclusive easement for ingress, egress and parking, over the property as shown on Exhibit "1" (the "Parking Area") for a period ending on 99 years from the date of this conveyance. Grantor shall maintain, at its expense, the Parking Area in the same manner and to the same extent that it maintains other public parking lots in the City of Delray Beach. Grantor shall not be allowed to construct any building or similar structure on the property shown on Exhibit "1 ". Grantee shall maintain such insurance coverage for the parking area property as Grantee in its sole discretion deems appropriate. 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 easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1: PARTY OF THE FIRST PART (name printed or typed) WITNESS #2: By: Print Name: (name printed or typed) STATE OF COUNTY OF The foregoing instrument · 2000 by officer or agent) of (state was or place of acknowledged before me this day of (name of officer or agent, title of (name of corporation acknowledging), a incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public - State of Florida 2 LAVER'S RECREATIONAL PROPERTY ACCESS EASEMENT LEGAL DESCRIIrFION: A PORTION OF TRACT I, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29, PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ' COMMENCE AT SOUTHEAST CORNER OF TRACT 1, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29 AT PAGE 6 I, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON THE EAST LINE OF SAID TRACT I AND BEING THE POINT OF TANGENCY OF A CURVE IN THE SOUTHEAST CORNER OF SAID TRACT 1; THENCE N02°49'35"W TANGENT TO SAID CURVE ALONG THE EAST LINE OF SAID TRACT 1, FOR A DISTANCE OF 265.05 FEET; THENCE S87°10'25'W FOR 104.48 FEET; THENCE i~I19°59'24'W FOR 22.30 FEET; THENCE S70° 00'36"W FOR 153.50 FEET; THENCE N19°59'24"W FOR 5.00 FEET; THENCE S70° 00'36'W FOR 166.20 FEET; T~NCE N19°59'24"W FOR 13.79 FEET; THENCE S80°28'00'W FOR 21.16 FEET; THENCE NI9° 59'24'W FOR 102.87 FEET; THENCE S70°00'36"W FOR 15.22 FEET; THENCE NI4°49'09"W FOR 139.54 FEET; THENCE N34° 16' 18"E FOK 106.18 FEET; THENCE N74°25'5 I'E FOR 182.00 FEET; THENCE NI 8°42'36'E FOR 87.78 FEET; THENCE N82° 31'18'E FOR 34.49 FEET; THENCE N02°49'35"W FOR 200.03 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N02°49'35"W FOR 61.84 FEET; THENCE N90°00'00'E FOR 13.83 FEET; THENCE S02°49'35'E FOR 61.84 FEET; THENCE S90° 00'00"W FOR 13.83 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE- WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. ~ER-WEAVER ANDt6HEREMETA, INC. e oFEss p q sURvEYOr, U,PE . · DATED: JULY 11, 2000 FILE: MYDOCS/PUBFILES/DELRAY/LAVERS/ACCESS.PUB NOTES: l.) THIS SKETCH AND LEGAL DESCRI~ION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY ("THIS IS NOT A SURVEY"). 2.) BEARINGS SHOWN HEREON REFEK TO THE EAST LINE OF THE PLAT OF LAVER'S DELRAY RACQUET CLUB ADDITION, PB 42, PG 1 I2 & 113, HAVING AN ASSUMED BEARING OF S02°49'35"E. SHEET 1 OF 2 SHEETS FILE NO. 00-14984.001-SS3 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 N82'31'IS"'E J CLUB (D~;/,'E FAr' FORT,'C;,~) r;(.)i '$ ~ "~ ~ ' dAE,:,E,,~ DRIVE I .t t,-~ , '~ il ! ~ ~ fi' U~d/T, F4=F~IFq? - .~., ~ - - ~_~__~ ~b~:,~ , ~ ~ - 5CUt', UN~ ~ i'~': '-,~ LOTw~Nroh'~' ~ ' (P.B. 'j u,,~ j ,~c; 35" ~CT h ~ ~Y ~0~ CORN~ ~ SO~ ~UN~Y oF ~CT X. ~E ~Y ~CT h ~E ~Y /AS. 29, Pe. SO [P.B. 29, ~. ~1) ~ NO. ~-149~.001-~ 4 SHEET 2 OF* 2 SHEETS EXHIB/T "6" TO ~ CONTRACT FOR SAI,E AND PURCHASE LAVER'S RECREATIONAL PROPERTY ACCESS EASEMENT LEGAL DESCRIPTION: A PORTION OF TRACT 1, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29, PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT SOUTHEAST CORNER OF TRACT 1; LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29 AT PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON THE EAST LINE OF SAID TRACT 1 AND BEING THE POINT OF TANGENCY OF A CURVE IN THE SOLrrHEAST COKNER OF SAID TRACT I; THENCE N02°49'35"W TANGENT TO SAID CURVE ALONG THE EAST LINE OF SAID TRACT 1, FOR A DISTANCE OF 265.05 FEET; THENCE S87° 10'25"W FOR 104.48 FEET; THENCE NI9°59'24"W FOR 22.30 FEET; THENCE S70° 00'36"W FOR 153.50 FEET; THENCE NI9°59'24"W FOR 5.00 FEET; THENCE S70° 00'36'W FOR 166.20 FEET; THENCE N19°59'24"W FOR 13.79 FEET; THENCE S80°28'00"W FOR 2 I. 16 FEET; THENCE NI9° 59'24"W FOR 102.87 FEET; THENCE S70°00'36'W FOR 15.22 FEET; THENCE N14°49'09"W FOR 139.54 FEET; TI-IENCE N34° 16'18"E FOR 106.18 FEET; THENCE N74°25'51"E FOR 182.00 FEET; THENCE N18°42'36"E FOK 87.78 FEET; THENCE N82° 31'18"E FOR 34.49 FEET; THENCE N02°49'35"W FOR 200.03 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N02°49'35"W FOR 61.84 FEET; THENCE Ng0°00'00"E FOR 13.83 FEET; THENCE S02°49'35"E FOR 61.84 FEET; THENCE S90° 00'00"W FOR 13.83 FEET TO THE POINT OF BEGINNING. SAID LANDS srruA~ WrrHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. ~LER-WF, A~ .4~D~REM]~T~ INC. PI~OFESSlpNAL SURVEYOR AND MAPPER . DATED: JULY 11, 2000 FL~G. NO. 3550 ' FILE: MYDOCS/PUBFILES/DELRAY/LAVERS/ACCESS.PUB NOTES: THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY ("THIS IS NOT A SURVEY"). 2.) BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE PLAT OF LAVER'S DELRAY RACQUET CLUB ADDITION, PB 42, PO 112 & 113, HAVING AN ASSUMED BEARING OF S02°49'35'E. SHEET 1 OF 2 SHEETS FILE NO. 00-14984.001-SS3 HeHer-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 P.B. PL4T BOOK O.R.B. OI~FICL41. RECORDS BOOK ~. P~.~(S) P.B.¢. PALM e~CH ~OU~ A D~TA P.O.O ~ OF BEGINNING NOI fN(:LUL.'LD (LAKE FYiK PORT/ON) NO; ,N,;'LUL,',TD SHEET 2 OF' 2 SHEE'T~ SOUI'HEA5~ CORNER TR4CT l, LAKE RAY (p.a. 2a, pa. sO EXHIBIT "7" TO THE CONTRACT FOR SALE AND PURCHASE LAVER'S RECREATIONAL PROPERTY ENCROACHMENT EASEMENT LEGAL DESCRIPTION: A PORTION OF TRACT 1, LAKE RAY, ACCORDING TO TH~ PLAT THEREOF, AS RECORDED IN PLAT BOOK 29, PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBi~.D AS FOLLOWS: COMMENCE AT SOUTHEAST CORNER OF TRACT 1, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29 AT PAGE 6 I, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEINO ON THE EAST LINE OF SAID TRACT 1 AND BEING THE POINT OF TANGENCY OF A CURVE IN THE SOUTHEAST CORNER OF SAID TRACT 1; THENCE N02°49'35"W TANGENT TO SAID CURVE ALONG THE EAST LINE OF SAID TRACT 1, FOR A DISTANCE OF 265.05 FEET; THENCE S87° I0'25"W FOR 104.48 FEET; THENCE N19°59'24"W FOR 22.30 FEET; THENCE S70° 00'36"W FOR 153.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S70°00'36"W FOR 6.97 FEET; THENCE N19°59~24"W FOR 5.00 FEET; THENCE N70°00'36"E FOR 6.97 FEET; THENCE S19°5~24'~ FOR 5.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE wrrHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. HF~R-WEAVER ANI) SHERElbEETA~ ENC. ~~~ S~~R ~ ~PER ~O~A~ ~ N~ 3550 DATED: JULY I 1, 2000 FILE: MYDOC S/PUBFILE S/DELRAY/LAVERSfENCROACHMENT.PUB NOTES: 1.) THIS SKETCH AND LEGAL DESCRIFrION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY ("THIS IS NOT A SURVEY"). 2.) BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE PLAT OF LAVER'S DELRAY RACQUET CLUB ADDITION, PB 42, PG 112 & 113, HAVING AN ASSUMED BEARING OF S02°49'35"E. SHEET 1 OF 2 SHEETS FILE NO. 00-14984.001-SS5 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 SHEZT 2 OF 2 SHE-PTS E,~ UNE OF' TRACT 1, L4KE RAY T,w;4CT I, LAKE RAY t,P".~, 29, Fc'L 61.) ,V,J, !/~I(,'LLI[(?LY: P~/NT OF ~ COWMENCE~EN'r; TRACT I. I.,4K£ R4Y (.o.~. 29, laG. ~I) (P.~. 29, laG. ~I) FILE NO. 00-14§84.00f--,~.~ 6 EXHIBIT "8" TO THE CONTRACT FOR SALE AND PURCHASE Prepared by: RETURN: Susan A. Ruby, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this ~ day of ,2000, by and between DELRAY RACQUET CLUB ASSOCIATION, INC., with a mailing address of 610 Egret Circle, Delray Beach, FL 33~.~.~., party of the f'u'st part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 334~., a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the fa:st part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and easement for a 99 year period from the date of this easement deed for the purpose of: ingress/egress under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCR/FrlON See Exhibit "A' Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or above ground improvements upon the above-described property. o Tennis Court Easement Grantor retains and reserves unto the public, itself, its successors and assigns, a non-exclusive easement for the use of the tennis courts as shown on Exhibit "2", (the "Tennis Court Property"), for a period of 35 years from the date of this conveyance, subject to the following terms and conditions: Grantee shall: (A) Have its members, who desire to use the tennis facilities, pay membership fees to the Grantor for the use of the tennis courts located on the Tennis Court Property and at the Delray Beach Tennis Center, and the 14 tennis courts located on the property described in Exhibit "4" to this conveyance. The fees for such use shall be set by the Grantor in its sole discretion and shall not exceed the fees charged to the general public or other Grantor's residents. Grantee is not responsible for payment of said fees. Not rent, lease or any way charge or collect fees for the use of the Tennis Court Property. (c) Allow the Grantor to use and license the use of the Tennis Court Property upon terms and conditions that are mutually agreeable to both parties. The Grantee and the Grantor shall have the right, in either Party's sole discretion, to prevent the other Party from licensing the use of the Tennis Court Property to another person or entity for unrelated non-public events. rD) Allow the Grantor to control the use, maintenance, administration and reservation of the Tennis Court Property in the same manner and to the same extent as provided for the other tennis facilities owned by the Grantor. (E) Allow the Grantor to use or book the tennis courts located on the Tennis Court Property that have been previously booked by Grantee's members, but, when the Grantee's member has failed to show at the appropriate time and use the court. (F) Maintain such insurance coverage for the tennis court property as it deems appropriate in its sole discretion. 2 Grantor shall: (A) Maintain, operate, administer, equip and refurbish the Tennis Court Property in the same manner as it maintains and administers the Club Property and the Delray Beach Tennis Center. Maintenance shall include the Grantor providing water for the upkeep of the tennis courts on the Tennis Court Property. Maintenance excludes the (i)installation or maintenance of any lighting on the Tennis Court Property, and (ii)landscaping within and around the Tennis Court Property. (B) Not install any lighting on the Tennis Court Property and only allow use of the tennis courts located thereon during daylight hours and not after dusk. (c) Split the tennis membership fees received by the Grantor from the members of the Grantee on a per annum basis, 50/50 with the Grantee when the fees received are $20,000.00 (per annum) or less, above $20,000.00 (per annum) the fees will be split such that the Grantor receives 65 % of the fees and the Grantee shall receive the remaining 35 %. The membership fee split set forth in this subparagraph applies to either tenants or owners, but not both. (D) Allow individual Grantee members to book the tennis courts, located on the Tennis Court Property, up to 6 months in advance of the scheduled date through the Grantor; provided, however, if the booked courts are unused, the Grantor may allow non- members of Grantee, other Grantee members or the public, to use the courts for the unused time period. Ingress/Egress Easement Grantor retains and reserves unto the public, itself, and its successors and assigns, a non-exclusive easement for ingress and egress over the entire property as shown on Exhibit "3" (the "Ingress/Egress Property"), for a period of 99 years from the date of this conveyance. Grantor shall not maintain this property. Grantee shall maintain such insurance coverage for the property described in Exhibit "3" as it deems appropriate in its sole discretion. 4. Right of First Refusal Any future conveyance by Grantee of the property described in Exhibits "1" and "2" shall be subject to a right of fa'st refusal in favor of the Grantor governed by the following terms and conditions: In the event Grantee receives a bona-fide offer to purchase the property described on Exhibits' "1' and "2", or any part thereof, in an arms-length transaction ("Offer") which Grantee wishes to accept, the Grantor shall have a first right of refusal to purchase such property upon the same terms and conditions contained in the Offer. In the event of the receipt of an Offer, Grantee shall present to the Grantor a true copy of the Offer which Grantee intends to accept. Upon Grantee's delivery of the Offer to Grantor, Grantor shall have thirty (30) days thereafter within which to elect to exercise its right of first refusal by the delivery of written notice to Grantee of its exercise of or its intent not to exercise its right of first refusal to the property in accordance with the terms and conditions contained in the Offer and this Section. The closing between Grantee and Grantor under the fa'st refusal shall occur within thirty (30) days following the Grantor's timely exercise of its right of first refusal. In the event the Grantor fails to timely exercise its first right of refusal, the right of refusal shall terminate and Grantee shall be free to close under the Offer pursuant to the terms of the Offer. In the event the offer is for less than all of the property, this right of fa'st refusal shall continue as to the remainder of the property. 5. Taxes or Assessments Grantee, or its successors, shall at all times be responsible for the payment of any and all taxes or assessments that may be assessed against the property by any governmental agency from the date that this instrument is recorded and thereafter. This includes any taxes or assessments that may result from the Grantor's use of the property. Grantor covenants that the premises are free from all encumbrances made by grantor, and grantor does bind grantor, and grantor's heirs, successors, and assigns to warrant and forever defend the title to the property to the grantee above named and grantee's heirs, successors and assigns, against every person lawfully claiming the property, or any part thereof, by, or under the grantor, but not otherwise. *'Grantor and 'grantee' are used for singular or plural, as context r~quir~s. 4 IN WITNESS WHEREOF, grantor has hereunto set gramor's hand and seal the day and year furst above written. Signed, sealed and delivered in our presence: Print Name: Print Name: CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor ATTEST: By: City Clerk Approved as to Form: By: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2000, by David Schmidt, Mayor for the City of Delray Beach, a Florida corporation, on behalf of the corporation. He is personally known to me or has produced as idemification. Signature of Notary Public EXI-IIRIT "9~' TO THE CONTRACT FOR SALE AND PURCHASE Prepared by: RETURN: Susan A. Ruby, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33~.~.~. EASEMENT DEED THIS INDENTURE, made this ~ day of ,2000, by and between DELRAY RACQUET CLUB ASSOCIATION, INC., with a mailing address of 610 Egret Circle, Delray Beach, FL 33~.~?., party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and easement for a 99 year period from the date of this easement deed for the purpose of: providing easement rights to a certain encroachment and with full right and liberty to maintain, repair and modify any improvements existing thereon, transverse under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Exhibit "A' Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the fa'st part agrees to provide for the release of any and all mortgages or liens encumbering this easement. The party to the fu'st part also agrees to erect no building or effect any other kind of construction or above ground improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawrcul claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1: PARTY OF THE FIRST PART (name printed or typed) WITNESS #2: By: Print Name: (name printed or typed) STATE OF COUNTY OF The foregoing instrument ,2000 by officer or agent) of (state or was place of acknowledged before me this day of (name of officer or agent, title of (name of corporation acknowledging), a incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public - State of Florida 2 LAVER'S RECREATIONAL PROPERTY ENCROACHMENT EASEMENT LEGAL DESCRIFrION: A PORTION OF TRACT 1, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29, PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PAKTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT SOUTHEAST CORNER OF TRACT I, LAKE RAY, ACCORDING TO THE PLAT TI-iEREOF, AS RECORDED IN PLAT BOOK 29 AT PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON THE EAST LINE OF SAID TRACT 1 AND BEING THE POINT OF TANGENCY OF A CURVE IN THE SOUTHEAST CORNER OF SAID TRACT 1; THENCE N02°49'35"W TANGENT TO SAID CURVE ALONO THE EAST LINE OF SAID TRACT 1, FOR A DISTANCE OF 265.05 FEET; THENCE S87° I0'25"W FOP, 104.48 FEET; THENCE NIg°59'24"W FOR 22.30 FEET; THENCE S70° 00'36"W FOR 153.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S70°00'36"W FOP, 6.97 FEET; THENCE NIg°59'24"W FOR 5.00 FEET; THENCE N70°00'36"E FOR 6.97 FEET; THENCE S19°59'24"E FOR 5.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. ~R-WEAVER AND SHEREMETA, INC. DATED: JULY 11, 2000 FILE: MYDOCS/PUBFILE SfDELKAY/I.,AVERSfENCP,.OACHMENT.PUB NOTES: l.) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY ("THIS IS NOT A SURVEY"). 2.) BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE PLAT OF LAVER'S DELRAY RACQUET CLUB ADDITION, PB 42, PG 112 & 113, HAVING AN ASSU1VfED BEARING OF S02°49'35"E. SHEET 1 OF 2 SHEETS FILE NO. 00-14984.001-SS5 Heller-Weaver and Sheremeta, Inc. Engineers ... Surveyors ... Planners 310 Southeast First Su, eet, Suite Four, Delray Beach, Florida 33483 Phone (561) 243-8700 · Fax (561) 243-8777 $1(ETCH TO ACCOMPANY LEG4L D~$CRIPITON ENCROACHMENT AREA APORTIONOFTRACTI, i. AKEt~Y PL4T ~ 2~, PACE ~I ClTY OF DELRAY BEACH ]I.~GEND: ] F'.B. PL.4T BOOK O.R.B. OFFICIAL RECORDS BOOK P. 8. C. PALM BE4CH COUNTK R RADIUS A DI~ITA A A~ DISTANCE R/W RIGHT-OF-WAY P.O.C. POINT OF ¢OMblENC~MENT P.O.B POINT OF BEGINNING (P.F. ,?..~, F(..-' 61) ~,s'r u~z ~ I '~ ~ TRACT 1, LAKE RAY _~,'L ' ~..o..,,,.,'~' ,,~ ~ < ~ [ L~aCT~ I, ~KS ,~ Y '. 20. "' ' ' ., t'O ~. 1 / ^,r,~ !?,v:L,.;r)LL TRACT 1. LAKE RAY (P.B. 29. PG. Sou'rHE45T CORNER TRACT 1, LAKE R4Y (e.a. 2~, m. aU mL£ NO. oo-~4~e4.oo~-ss P.B.C. PALM BEACH COUNTY A DELTA A ARC DIS'rANCE R/W RIGHT-OF'-WA Y P.O.C. POINT OF' COMMENCEMENT N82°5 ! P.O.B POINT OF' BEGINNING ~'RACT !, ',.AKE RA~,' ?. ,',"E',v~v:$ COURT SHEET NC); :6~ULL/L;CO SOUTH ~OUNDARY OF' TRACT I, LAKE RAY (P.a. 29, PG. ~1) · ~ CO~ZMENCEMENI:' SOUTHEAST CORNER TRACT 1, LAKE RAY (P.B. 2~, PG. 61) EXHIBIT "1" TO THE SPECIAL WARRANTY DEED RECREATIONAL PROPERTY 's4 .EGAU, DESCRIPTION: PARKING AREA k PORTION OF PARCEL "A", LAVER'S DELRAY RACQUET CLUB ADDITION, ACCORDING TO THE PLAT THEREOF, AS '..ECORDED rN PLAT BOOK 42, AT PAGES 112 AND 113, OF THE PUBLIC RECORD OF PALM BEACH COUNTY, FLOR[DA, ,lORE PARTICULARLY DESCRIBED AS FOLLOWS: ;OMM'ENCE AT SOUTHEAST CORNER OF TRACT I, LAKE KAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN 'LAT BOOK 29 AT PAGE 6 I, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLOR[.DA, SAID POINT BEING ON TIlE iAST LINE OF SAID TRACT I AND BEING THE POINT OF TANGENCY OF A CURVE IN THE SOUTHEAST CORNER OF SAID 'RACT l; THENCE N02°49'35"W TANGENT TO SAID CURVE ALONG THE EAST BOUNDARY OF SAID TRACT I, FOR A )[STANCE OF 488.69 FEET TO A POINT ON THE SOUTH LINE OF PARCEL "A", LAVER'S DELRAY RACQUET CLUB ~DD[TION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, AT PAGES 112 AND 113 OF TI-IE 'UBLIC RECORD OF PALM BEACH COUNTY, FLORIDA; THENCE S 90000'00'' E ALONG SAID SOUTH LINE OF PARCEL "A" OR A DISTANCE OF 60.07 FEET; THENCE N02°49'35"W ALONG A LI'N'E PARALLEL WITH A_ND 60.00 FEET EAST OF AS rFASU'RED AT RIGHT ANGLES TO THE WEST LINE OF SAID PARCEL "A" SAID LINE ALSO BEING THE EAST RIGHT OF gAY LiNE OF THE ABANDONED A.ND/OR VACATED 60.00 ROAD RIGHT OF WAY' OF JAEGER DRIVE ACCORDING TO ~FFICIAL RECORDS BOOK 3077 AT PAGE 1597 OF T'tE PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA FOR A ,[STANCE OF 20.02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N02°49'35"W ALONG THE AFORESA.[D ESCRIBED LINE FOR A DISTANCE OF 84.51 FEET; THENCE S87° 10'25"W FOR 18.00 FEET; THENCE N02°49'35"W FOR 32.00 EET; THENCE N87°I0'25"E FOR 20.00 FEET; THENCE S90°00'00'E FOR 27.05 FEET; THENCE N00°00'00"E FOR 13.57 FEET; HENCE sg0°00'00"E FOR 104.10 FEET; THENCE N00°00'00"E FOR 54.80 FEET; THENCE sg0°00'00"E~OR 85.94 FEET; HENCE N00°00'00"E FOR 53.59 FEET; THENCE N00°I4'49"E FOR 30.57 FEET; THENCE sg0°00'00"E FOR 16.35 FEET; .HENCE S00°00'00"W FOR 268.99 FEET; THENCE Ng0°00'00"W ALONG A LINE PARALLEL WITH AN 20.00 FEET NORTH AS ~EASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID PARCEL "A" FOR A DISTANCE OF 229.g3 FEET TO THE )['NT OF BEGINNING. 3NTAINFNG 0.860 ACRE MORE OR LESS. kiD LANDS SITUATE WITFEN THE CITY OF DELRAY BEACFL PALM BEACH COUNTY, FLOR/DA. '.RTIFICATK: EKEBY CERTIFY TI-IAT Th'IS SKETCH AND LEG.aL DESCRIPTION IS TRUE ,AND CORRECT TO TI'{E BEST OF M'Y g3NOWLEDGE AND BELIEF, AND MEETS :E Iv~MUM TECI=[NICAL STANDAR.DS FOR L3uN'D SURVEYI'NG IN THE STATE OF FLORIDA., AS SET FORTH BY TI-.[E FLOR/DA BOARD OF SURVEY'ORS ,3D bI~d:~PERS IN CI.La, PTER 6{O17-6, OF T/-[E FLOR/DA ADNffN'ISTKATWE CODE, PURSUtkNT TO SECTION 472.027 FLORIDA STATUTES, AS APPLICAJ~LE R LEG.AL DESCRIPTIONS. )R/DA .%,TATE LB NO )449 /' NIEI~. L 3FF~ PEK DATED FEBRUARY 17, 2000 FILE: C:\CAICE~14984',PARK.rNG PUB TKS: Th'IS SKETCH AND LEGAL DESCR/PTION DOES NOT REPRESENT A FIELD BOUN'D,.%RY SURVEY ("TI-lIS IS NOT A SURVEY"'). BEA/~GS SHOWN HER. EON REFER TO ~ EAST LINE OF THE PLAT OF LAYER'S DELRA¥ RACQUET CLUB ADDITION, PB 42, PG 112 & 113, HAVING AN ASSUNff~D BEARING OF S02°¢9'35"E. EET 1 OF 2 SHEETS FILE NO. 00-14984-SS4 Heller-Weaver and Cato, Inc. Engineers ... Surveyors PaLm Beach County 3 I0 Southeast First Street, Suite Four Delray Beach, Florida 33483 (561) 243-8700 Local (56 l) 243-8777 Fax (561) 732-2588 Palm Beach I 12' UTIUTY EASEMENT (P.B. 42. PG.112-113) \! sgo*o0'o0"E 104.10 I F. AET BOUNOARY 1.1..I OF TRACT I. 0 ~ (P.e. 2s. 81) m .~' I ~,'*.~ c.'. E L ";\" L*-?;E F,' :~ 0 ELF'A',' P~,C.:}~ JFT ,~..;~ -,-~ iNCLUDE=:,, HEET 2 OF 2 SHEETS ~'~~ POINT OF' COMMENCEMENT; SO UTHF.~ CORNI~ TRACT I. LAKE RAY (P.a. 29. PG. sgo'oo'oo"E 85.94 PARKING AREA (CONTAINING O.E~O ,ACRES MORE OR LESS) 14.' UTILITY (P.a.42, PO.112-113) 15' U~LFrY EASEMENT __ 229.85 -- Ngo'oo'oo'~F SOUTH UNE PARCEL 'A', LAYER'S DELRAY RACQUET ADOITiON (P.B. a,2, PG. 112-115) LOT "D" WENTON Vi LLA-G F. ('i::'.B 30,PC;, 33" O.R.B. PG. P.B.C. R A A PLAT BOOK OFFICIAl. RECORDS BOOK PAlM BEACH COUNTY RADIUS DELTA ARC OISTANCE RIGHT--OF--WAY SKETCH TO ACCOMPANY LEGAL DESCRIPTION A PORTION OF PARCEL "A", LAVER'S DELRAY RACQUET ADDITION (PLAT BOOK '~2. PAGES 1 12 AND 1 1 CITY OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA RI.E NO. 00-14,g84.-SS 5 EXHIBIT "2" TO ~ SPECIAL WARRANTY DEED LEGAL DESCRIPTION: LAVER'S RECREATIONAL PROPERTY TENNIS COURT AREA A PORTION OF PARCEL "A", LAVER'S DELRAY RACQUET CLUB ADDITION, ACCORDING TO tI-~ PLAT THEREOF, AS KECORDED IN PLAT BOOK 42, AT PAGES I t2 AND 113, OF THE PUBLIC RECORD OF PALM BEACH COUNTY, FLOKIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT SOLrTHEAST CORNER OF TRACT !, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29 AT PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POfNT BEING ON THE EAST LIN~ OF SAID TRACT I AND BEING THE POINT OF TANGENCY OF A CURVE IN THE SOUTHEAST CORNER OF SAID TRACT I; THENCE N02°49'35"W TANGENT TO SAID CURVE ALONG THE EAST BOUNDARY OF SAID I'RACT 1, FOR A DISTANCE OF 488.69 FEET TO A POINT ON THE SOUTH LINE OF PARCEL "A", LAVER'S DELRAY ~CQUET CLUB ADDITION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, AT PAGES 112 {ND 113 OF THE PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA; THENCE S 90°00'00" E ALONG SAID SOUTH ~INE OF PARCEL "A" FOR A D{STANCE OF 288.91 FEET; THENCE N00°00'00"E FOR 29.00 FEET TO THE POINT OF BEGINNING; THENCE CONTrNUE N00°00'00"E FOR. 259.99 FEET; TI-{ENCE S90°00'00"E FOR 301.00 FEET; THENCE SOO° }0'00"W FOR 259.99 FEET; THENCE N90°00'00"W ALONG A LfN'E PARALLEL WITH AND 29.00 FEET NORTH AS ffEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID PARCEL "A" FOR A DISTANCE OF 301.00 FEET TO THE 'OHqT OF BEGINNING. ?ONTAINING 1.800 ACRES MORE OR LESS - ;AID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. ;ERTIFICATE; HE~¥ CE~,'r~ 'r~T ~S S~TC~ ~ LEGAL DESC~,_~',O~ ,S ~ ~ CO~C~ ~0 ~ ~S~ O~ ~ ~ OF ~0~ ~S S~: ~O~TH ~ ~ ~0~ ~0~ O~ S~O~ ~ ~~ ~ C~ ~,o,~-~ ,~ ~ ~o~ ~s~~ COD~, ~~ ro s~c~o~ ~:.0:~ ~o~ sr~s, ~ ~c~ o~ ~ ~sc~o~s. LO.DA S~E L~O. 3~9 / OTES: THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY ("THIS IS NOT A SURVEY"). BEARINGS SHOWN HEREON REFER TO THE EAST LiNE OF THE PLAT OF LAVER'S DELRAY RACQUET CLUB ADDITION, PB 42, PG 112 & 113, HAVING AN ASSUMED BEARING OF S02°49'35"E. {EET I OF 2 SI-IEETS FILE NO. 00-14984-SS6 teller-Weaver and Cato, Inc. Engineers ... Surveyors PaLm B~ch County 310 Southeast F~st Street, Suite Four De[ray Beach, Florida 33483 (56t) 243-8700 Local (561) 243-8777 Fax (56l) 732-2588 Palm Beach P?~NT OF" BEGINNING · "*"-- NOO'OO'OO'W 29 I! 288.91' $90'00'00'E: ,,~.,; ;IH,'_' L:.' :,~'I:.:L:, S 90'00'00" E 301 00' TENNIS COURT AREA (CONTAINING1.800 ACRES MORE OR LESS) POINT OF' COMMENCEMENT; $O UTHF.,A.ST CORNI;~ TRACT 1. LAKE RAY (P.B. 29. PG. 61) 14' UllUTY EASEMENT (P.B.4,2, PG. 1 12--1 1.3) 15' UTILITY EASEMENT '--I (P.8.3o. PG.33) 501.00' LO'T -nu,, WENTON VILLAGE (P.B. 50, PC-. 3,3" - I Ng0'00'00"W SOUTH UN£ PARCEL 'A". LAVER'S OE3.RAY RACQUET AoomoN (P.B. 4.2. PG. 112-113) JLEGEND: J P.B. PLAT BOOK O.R.e. omctAL RECORO$ BOOK P.e.C. PALJ~ ar:,Ac~ COUNTY R RADIUS A D~LTA A ARC DISTANCE R/'W RIGHT--OF--WAY SKETCH TO ACCOMPANY LEGAL DESCRIPTION A PORTION OF PARCEL "A', LAVER'S OD_RAY RACQUET ADDITION (PLAT BOOK 4.2, PAGES 112 AND 113) CITY OF' DELEAY BE. ACH PALM BEACH COUNTY', FLORIDA ,HE:ET 2 OF' 2 SHEET'S FILE NO. 00-14.g84.-SS 7 EXHIBIT "3" TO THE SPECIAL WARRANTY DEED LAVER'S RECREATIONAL PROPERTY PROPERTY TRANSFER LEGAL DESCRH'TION: A PORTION OF TRACT 1, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29, PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF LAVER'S DELRAY RACQUET CLUB ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORDED 1N PLAT BOOK 42 AT PAGES 112 AND 113, OF TIlE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT SOUTHEAST CORNER OF TRACT I, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29 AT PAGE 6 I, OF TI-IE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON THE EAST LINE OF SAID TRACT I AND BEING THE POINT OF TANGENCY OF A CURVE IN THE SOUTHEAST CORNER OF SAID TRACT 1; THENCE N02°49'35"W TANGENT TO SAID CURVE ALONG THE EAST LINE OF SAID TRACT 1, FOR A DISTANCE OF 265.05 FEET; THENCE S87°10'25"W FOR 104.48 FEET; THENCE NI9°59'24"W FOR 22.30 FEET; THENCE S70~ 00'36"W FOR 153.50 FEET; THENCE N19059'24"W FOR 5.00 FEET; THENCE S70°00'36"W FOR 166.20 FEET; TI-~NCE N19~ 59'24'W FOR 13.79 FEET; THENCE S80°28'00"W FOR 21.16 FEET; THENCE NI9059'24"W FOR 102.87 FEET; THENCE S70~ 00'36"W FOR 152.2 FEET; THENCE NI4°49'09"W FOR 139.54 FEET; THENCE N34°16' 18"E FOR 106.18 FEET; THENCE N74° 25'51"E'FOR 182.00 FEET; THENCE N18°42'36"E FOR 87.;/8 FEET; THENCE N82°31'IS"E FOR 34.49 FEET; THENCE N02° 49'35"W FOR 200.03 FEET; THENCE S90°00'00"E FOR 13.83 FEET; THENCE N02°49'35"W FOR 102.35 FEET; THENCE N87~; 10'25"E FOR I43.54 FEET; THENCE N02°49'35"W FOR 12.06 FEET TO THE POINT OF BEGINNING; THENCE CO~ N02°49'35"W FOR 75.71 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF EGRET CIRCLE AS SHOWN ON THE PLAT OF LAVER'S NORTH ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 43 PAGES 92 THROUGH 94 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID POINT BEING ON A NON- TANGENT CURVE; SAID POINT BEARING N04°50'02"E FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE; THENCE EASTERLY ALONG A CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO THE SOUTH, HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 17059'55" FOR AN ARC DISTANCE OF 62.83 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY ALONG A CIRCULAR CURVE TO TIlE LEFT AND CONCAVE TO THE NORTH, HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 04°43~'"53"' ~'"'FOR AN ARC DISTANCE OF 16.52 FEET TO A POINT OF NON TANGENCY; THENCE DEPARTING FROM SAID SOUTH RIGHT OF WAY LINE OF EGRET CIRCLE AND RUN S08°30'00"W FOR 35.30 FEET; THENCE SS0°00'00"W FOR 23.37 FEET; THENCE S09°59'50"E FOR 13.82 FEET; THENCE S87° 10'25"W FOR 46.71 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE W~HIN THE CITY OF DELRAY BEACI~ PALM BEACH COUNTY, FLORIDA. CONTAINING 0.100 ACRE MORE OR LESS ~ ~3J~EREMETA, INC, MAPPER NOTES: DATED: JULY 17, 2000 FILE: MYDOCS/PUBFILE S/DELRAY/LAVERS/DEEDXFEI~ PUB 2.) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY ("THIS IS NOT A SURVEY"). BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE PLAT OF LAVER'S DELRAY RACQUET CLUB ADDITION, PB 42, PG 112 & 113, HAVING AN ASSUMED BEARING OF S02°49'35"E. SHEET 1 OF 2 SHEETS FILE NO. 00-14984.001-SS1 Heller-Weaver and Sheremeta, Inc. Engineers ... Surveyors ... Planners 310 Southeast First Slxeet, Suite Four, Dekay Beach, Florida 33483 Phone (561) 243-8700 · Fax (561) 243-8777 EXHIBIT "4" TO THE SPECIAL WARRANTY DEED LAVER'S RECREATIONAL PROPERTY CLUB AREA LEGAL DESCRIPTION: A PORTION OF TRACT I, LAKE RAY, ACCORDING TO TIlE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29, PAGE 61. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLOR/DA, ,auND A PORTION OF LAVER'S DELRAY RACQUET CLUB ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42 AT PAGES 112 AND 113, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT SOUTHEAST CORNER OF TRACT 1, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29 AT PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAiD POINT BEING ON TIlE EAST LINE OF SAID TRACT 1 AND BEING THE POINT OF TANGENCY OF A CURVE IN THE SOUTHEAST CORNER OF SAID TRACT 1; THENCE N02°49'35"W TANGENT TO SAID CURVE ALONG TIlE EAST LINE OF SAID TRACT 1, FOR A DISTANCE OF 265.05 FEET TO THE POINT OF BEGINNING; THENCE S87°10'25"W FOR 104.48 FEET; THENCE N19° 59'24"W FOR 22.30 FEET; THENCE S70°00'36"W FOR 153.50 FEET; THENCE NI9°59'24"W FOR 5.00 FEET; THENCE S70° 00'36"W FOR 166.20 FEET; THENCE NI9°59'24"W FOR 13.79 FEET; THENCE S80°28'00"W FOR 21.16 FEET; THENCE NI9° 59'24'W FOR 102.87 FEET; THENCE S70°00'36"W FO,.2 15.22 FEET; THENCE N I4°49'09"W FOR 139.54 FEET; THENCE N34° 16'i8"E FOR 106.18 FEET; THENCE N74°25'51"E FOR 1~2.00 FEET; THENCE N18°42'36"E FOR 87.78 FEET; THENCE N82° 31'18"E FOR 34.49 FEET; THENCE N02°49'35"W FOR 200.03 FEET; THENCE S90°00'00"E FOR 13.83 FEET; THENCE N02° 49'35"W FOR 102.35 FEET; THENCE N87°10'25"E FOR 143.54 FEET; THENCE N02°49'35"W FOR 87.77 FEET TO A POrNT ON THE SOUTH RIGHT OF WAY LINE OF EGRET CIRCLE AS SHOWN ON THE PLAT OF LAVER'S NORTH ACCORDING TO THE PLAT THEREOF, AS RECORDED IN' PLAT BOOK 43 PAGES 92 THROUGH 94 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID POINT BEING ON A NON-TANGENT CURVE; SAID POINT BEARING N04°50'02"E FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE; THENCE EASTERLY ALONG A CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO TIlE SOUTH, HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 17°59'55" FOR AN' ARC DISTANCE OF 62.83 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY ALONG A CIRCULAR CURVE TO THE LEFT AND CONCAVE TO THE NORTH, HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 04°43'5Y' FOR AN ARC DISTANCE OF 16.52 FEET TO A POINT OF NON TANGENCY; THENCE DEPARTING FROM SAID SOUTH RIGHT OF WAY LINE OF EGRET CIRCLE AND RUN S08°30'00"W FOR 35.30 FEET; THENCE S80° 00'00"W FOR 23.37 FEET; THENCE S09°59'50"E FOR 35.80 FEET; THENCE S02°49'35'E ALONG A LINE PARALLEL WITH' AaND 2.00 FEET WEST OF AS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF SAID TRACT I FOR A DISTANCE OF 348.76 FEET; THENCE N87°I0'25"E 62.00 FEET; THENCE S02°49'35'E ALONG THE EAST RIGHT OF WAY LINE OF i THE ABANDONED AND/OR VACATED 60.00 FOOT ROAD RIGHT OF WAY OF JAEGER DRIVE ACCORDING TO OFFICIAL RECORDS BOOK 3077 AT PAGE 1597 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FOR A DISTANCE OF 104.53 FEET TO A POINT ON THE SOUTH LINE OF PARCEL "A", LAVER'S DELRAY RACQUET CLUB ADDITION ACCORDING TO TIlE PLAT THEREOF AS RECORDED IN PLAT BOOK 42 AT PAGES 112 AND 113 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N90°00'00"W ALONG THE SOUTH LINE OF SAID PARCEL "A" FOR 60.07 FEET TO A POINT ON THE EAST LINE OF SAID TRACT 1; THENCE S02°49'35"E ALONG THE EAST LINE OF SAID TRACT I FOR A DISTANCE OF 223.64 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. CONTAINING 5.601 ACRES MORE OR LESS SHEET I OF 3 SHEETS FILE NO. 00-14984-SS ! Heller-Weaver and Cato, Inc. Engineers ... Surveyors Palm Beach County 310 Southeast First Street, Suite Four Delray Beach, Florida 33483 (561) 243-8700 Local (561) 243-8777 Fax (561) 732-2588 Palm Beach CERTIFICATE; I HEREBY CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF M~ KNO'WLED~E AND BELIEF, AND MEETS THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA, AS SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 61G17-6, OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES, AS APPLICABLE FOR LEGAL DESCRIPTIONS. HELLER-WEAVER AND CATO, INC. DATED FEBRUARY 17, 2000 FILE: C :\CAICE\ 14984~LAKERAY. PUB NOTES: 1.) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVE~ ("THIS IS NOT A sURvsY-'). 2.) BEARINGS SHOWN HEREON REFER TO THE EAST LFN~ OF THE PLAT OF LAVER'S DELRAY RACQUET CLUB ADDITION, PB 42, PO I12 & 113, HAVING AN ASSLrMED BEARING OF S02°49'35"E. SHEET 2 OF 3 SHEETS FILE NO. 00-14984-SS2 Heller-Weaver and Cato, Inc. Engineers ... Surveyors Palm Beach County 310 Southeast First Street, Suite Four DeL'ay Beach, Florida 33483 (561) 243.-8700 Local (561) 243-8777 Fax (561) 732-2588 Palm Beach SOUTH R= -~ - ' ~.R LAYER'S NORI~ p~T BoOK ~' r~ 15' ~NNIS ~URT ACC~S -- _ ~M~T(OR8 3503. .- ~ ~ PAG~ 1725--1758) ~ L .... , . T, SKETCH TO ACCOMPANY LECAL DESCRIPTION A PORTION OF' TRACT 1. LAKE RAY PLAT BOOK 29. PAGE 61 CiTY OF DEW=lAY BEACH PALM BEACH COUNTY. FLORIDA P.B. PI.AT BOOK O.R.B. OFFICIAL RECORDS BOOK P.8.C. P~ B~H COUN~ A DELTA ~ RIG~--OF-WAY tN ...... t'), u, CLUB AREA (CONTAINING 5.601 ENCROACHMENT -~' TENNIS Cl3URT, FENCING) 3a$3, PAGES 384-390 SHEET' 3 OF 3 SHEETS $9(700'00'E 13.83 12' ENCROACHMENT EASEMENT (TENNIS PAG~ 1725--1738) 6' UT1UTY EASEMENT (P.B. 29. PAGE 61) (LAKE RAY PORTION) ACRES MORE OR LESS) TF/,':;T ~, L^I<E ~,\Y · ~P.E. '~':' FG. N,::T R-200.O0' A. 17'59'55' A--62.85' R-ZOO.O(}' A-04'43'53' A-- 16.52' S08'30'00'W 35.30' SBO'O0'O0'W 23.37' sog'sg'30'E P~RCEI. i_~v CF:' 5 DCL!7~~ ~C~L:ET ADDISON 42, PG. 112-113) u< or J~R (P.B, 42, PG,112--113) I I I 104.48 S8710'25'~ i POINT OF BEGINNING : COSMiCal; ~~ ~RN~ % ~OUTH BOUNDARY OF T/~CT 1. LAKE RAY (P.B. ?.9, PG. 61) ~ LINE OF TRACT 1, LAKE RAY (P,B. 29. PG. e~) MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~'~ITY MANAGER SUBJECT: AGENDA ITEM /~. ~ - REGULAR MEETING OF JULY 25, 2000 RESOLUTION NO. 55-00 (SALE OF PROPERTY TO DELRAY RACQUET CLUB ASSOCIATION) DATE: JULY 21, 2000 Resolution No. 55-00 authorizes the City to sell certain property to the De[ray Racquet Club Association. The sale price is $225,000.00. The contract stating the terms and condittons for the sale and purchase is attached to and is a part of the resolution. The essential terms of the sale are outlined in the attached memorandum from the City Attorney. Recommend approval of Resolution No. 55-00. Ref:Agmemo14 Res.55-00.Sale of Property to Delray Racquet Club Assn. £1T¥ OF OELRFI¥ BEri[H CiTY ATTORNEY'S OFFICE DELRAY BEACH 1993 DATE: TO: FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM July 18, 2000 David Harden, City Ma~ Brian Shutt, Assistant City Attorney SUBJECT: Essential Terms of the Contract for Sale and Purchase of Tennis Courts, Clubhouse and Parking Area Located at 2350 Jaeger Drive Contract for Sale and Purchase between the City and Delray Beach International Tennis Resort, Ltd. The essential terms of the purchase are as follows: The City shall purchase the 24 tennis court property and associated parking for $575,000.00. The City shall also give the Seller a number of free golf passes, and grant to the St. Tropez development free tennis memberships for a period of 7 years. 2. The City is to pay for the title insurance and survey of the property. 3. The Seller shall pay all documentary stamps, and cost to cure any title defect. The closing for this property shall be simultaneous and contingem upon the closing of the Contract for sale and purchase between the City and the Delray Racquet Club Association. Contract for Sale and Purchase between the City and the Delray Racquet Club Association We have also attached a proposed contract between the City and the Delray Racquet Club Association for the sale of the ten tennis court property with associated parking and the small parcel located at the north end of the Club Property to the Racquet Club. The essemial terms of the contract for sale and purchase are as follows: The City will receive $225,000.00 plus $150,000.00 for maintenance from the Racquet Club. The Closing for the sale of the property must be simultaneous with the Closing of the purchase of the property by the City. The City will retain a 99 year non-exclusive easement for ingress, egress and parking over the parking area property. The City shall be responsible for maintaining the parking area. The City will retain a 35 year non-exclusive easement for the use of the 10 tennis courts. The City will be responsible for the maintenance and upkeep of the tennis courts for this period of time as well as regulate and administer the usage of the tennis courts. Racquet Club agrees to have its members pay membership fees for the right to play tennis on the tennis courts and the fees will be split by percentage with the City. Racquet Club shall grant to the City an Encroachment Easement to the City regarding the grandstand court as well as granting an access easement to the City over a certain concrete pathway. The City shall retain an ingress/egress easement over the small parcel at the north end of the tennis courts to provide access for maintenance for a period of 99 years. Please call if you have any questions regarding the Contracts for Sale and Purchase. I have also attached the resolutions for the purchase and sale of this property. Attachments cc: Alison MacGregor Harty, City Clerk : CLASSIFIED July ! !._/2000 pill Book 2~. Page $1, ef me Pul~c ~ O00k 42, al Pages 112 and 113, d the CLASSIFIED