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Res. No. 181-24RESOLUTION NO.181-24 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA,APPROVING A WARRANTY DEED FOR RIGHT-OF- WA Y PURPOSES TO PALM BEACH COUNTY,AS MORE PARTICULARLY DESCRIBED HEREIN:;AUTHORIZING THE MAYOR TO EXECUTE THE WARRANTY DEED AND ANY OTHER DOCUMENTS REQUIRED TO EFFECTUATE THE CONVEY ANCE;PROVIDING AN EFFECTIVE DA TE AND FOR OTHER PURPOSES. WHEREAS,the City of Delray Beach,Florida ("City")owns the parcel of land located at 651 W. Linton Boulevard,Delray Beach,Florida ("Property");and WHEREAS.Palm Beach County ("County")owns the right-of-way abutting the Property;and WHEREAS.the City is currently constructing a new fire station ("Project")at the Property;and WHEREAS,as part of the Project,the City is required to convey to the County a seven-foot strip of land along Linton Boulevard for right-of-way purposes ("Right-of-Way").as more particularly described in Exhibit "A";and WHEREAS,pursuant to Chapter 36 of the City of Delray Beach Code of Ordinances,the City Commission may convey any property that the City owns and possess that is not needed for municipal purposes,after a public hearing is held;and WHEREAS,the requested conveyance of the Right-of-Way was presented to the City Commission at a public hearing on September 16,2026;and WHEREAS,it is in the best interest of the City of Delray Beach,Florida,to convey the Right-of-Way to Palm Beach County. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA,AS FOLLOWS: Section I.The foregoing recitals are hereby affirmed and ratified. Section2.The City Commission finds the Right-of-Way described in Exhibit "A",attached hereto and incorporated herein,is not needed for municipal purposes. Section 3.The City Commission of the City of Delray Beach,Florida,as Grantor,hereby approves the conveyance of the Right-of-Way.as described in Exhibit "A".to Palm Beach County,as Grantee,for other good and valuable consideration,the sufficiency of which is hereby acknowledged by the parties. Section 4.The City Commission approves the Warranty Deed between the City of Delray Beach, Florida and Palm Beach County,attached hereto and incorporated herein as Exhibit B". Section5.The Mayor is authorized to execute the Warranty Deed,and any other documents required to effectuate the conveyance. Section 6.This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED in regular session on the/day ore_ob I ,2024. ATTEST:hg«re4lo°arisca.eea 2 RES.NO.181-24 CITY OF DEL RA Y BEACH OFFICE OF THE CITY CLERK 100 N.W.1 AVENUE •DELRAY BEACH •FLORIDA 33444 •(561)243-7050 CERTIFICATION Delray Beach FloridahrnríIEAmericaCity 1993-2001·2017 I,Alexis Givings,Deputy City Clerk of the City of Delray Beach,do hereby certify that the attached document is a true and correct copy of Resolution No.181-24,as the same was passed and adopted by the Delray Beach City Commission in regular session on the 16h day of September 2024. IN WITNESS WHEREOF,I have hereunto set my hand and the official seal of the City of Delray Beach,Florida,on this the 18h day of September 2024. l,SÉ.u.,s Alexis Gi vings Deputy City Clerk City of Delray Beach,Florida EXHIBIT "A" - RES. NO. 181-24 Page 1 of 3 Return via Palm Beach County interoffice mail to: Mark Hagen, Right-of-Way Specialist Palm Beach County, Engineering & Public Works Department Roadway Production Division 2300 North Jog Road, 3rd Floor West West Palm Beach, Florida 33411-2750 This Instrument Prepared by: Yelizaveta B. Herman, Assistant County Attorney Palm Beach County Attorney’s Office Post Office Box 21229 West Palm Beach, Florida 33416-1229 Property Control Number: Portion of 12-43-46-20-01-008-0030 Purchase Price:$0 Closing Date: _____________________ NOT TO BE RECORDED WITHOUT BOARD OF COUNTY COMMISSIONERS ACCEPTANCE DATE SPACE ABOVE THIS LINE FOR PROCESSING DATA PROJECT NO.: 1003074 ROAD NAME: Linton Boulevard PARCEL NO.: 7’x150’ Parcel Dedication WARRANTY DEED THIS DEED is made this _____ day of , 20____, by the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation, whose post office address is 100 N.W. 1st Avenue, Delray Beach, Florida 33444-2612, (“Grantor”), to PALM BEACH COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, whose post office address is Post Office Box 21229, West Palm Beach, Florida 33416-1229, (“Grantee”). WITNESSETH: That Grantor, for and in consideration of the sum of TEN ($10.00) dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto Grantee, all that certain land situate in Palm Beach County, Florida: Property more particularly described in Exhibit "A" attached hereto and made a part hereof. TOGETHER with all the tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. This Deed is made for the purpose of giving and granting to Grantee, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility, including drainage, purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway, public street, or public utility, including public drainage, then the title to same shall thereupon revert to and revest in Grantor or assigns. AND Grantor hereby covenants with said Grantee that said Grantor is lawfully seized of said land in fee simple; EXHIBIT "B" - RES. NO. 181-24 Page 2 of 3 that Grantor has good right and lawful authority to sell and convey said land; that Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, including but not limited to mortgages, all liens, and special assessments, except taxes subsequent to the closing date. Page 3 of 3 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the date first above written. Signed, sealed and delivered in the presence of: Grantor: (Signature of two witnesses required by Florida law) CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation Witness Signature (Required) By: Thomas F. Carney, Jr., Mayor Witness Name Printed or Typed Address: ATTEST: Katerri Johnson, City Clerk Witness Signature (Required) Approved as to form: Witness Name Printed or Typed Address: Lynn Gelin, City Attorney STATE OF_________________________________ COUNTY OF_______________________________ Before me personally appeared Thomas F. Carney, Jr., who is (choose one) □ personally known to me, or □ has produced as identification, and who executed the foregoing instrument as Mayor of the City of Delray Beach, a Florida municipal corporation, and severally acknowledged to and before me by means of (choose one) □ physical presence or □ online notarization, that they executed such instrument as such officer of said corporation, and that said instrument is the free act and deed of said corporation. Witness my hand and official seal this day of , 20____. ________________________________ Notary Signature Notary Public, State of ______________ (Stamp/Seal) ________________________________ Print Notary Name Commission Number My Commission Expires: ____________ N:\R_O_W\FORMS\244-LGL WARRANTY DEED\WD 4-Corp.docx