G-473(48-62) A parcel of land 20 feet in ~rid'~k, Iv~n:~ bet~.~een
~ne v?est ri~i~ht-of-v~ay line o:i~ lfortheast ~econ5
A~enue aa~] the easterly line of' the hot,h-south
alley in [~lock 78, adjacen~ to an,~ i~e~iatel~.._.. _
south of tke $-.f'oo2 r~idth si~-le~/alk %o be cons-
~ructed on ~he sco.~.h side o~ ~-~e pro[~osed ou~l.d-
,~ ',~o be located on f~he uo~~ l~o~r~ion o% Lots
22, 23 sn~ 24 o~f o,.~i~ ~tock 73.
Section q The },,[avor an5 ~he City Clerk are .aere~y '~
and empov.,ere~ to enter into anoth~r ru:i~ten a~reement~. ~ ~ith ~','~LLI~,.~
a de~e?m~mao].e ease~ent :[or rif'fh'b-of-v~ay-?.~r?oses o~er and upon
the fol]ov~ing described real property:
The South sO feet of the ~,~ortl-~ 16,S
_. ~ . .o~ feet of the
Eas~ One-half of Block 78, and inclu~ing all that
part of the 16 foot wide alley (aban<]one~] by City
of Delray ~$each) lying adjacent2 to the above des-
cfi]ed portion of Block 78, Tm~m of Linton (Delray
Beach] ~
,, as recorSed in Plat Book 1~., ~:a'e a~
the ruclzc i~ecor~s of Palm Beach Cmm~y, ~-lorida,
and
~z,~o f'eet of ~he
~'(~est One-.aal_ of Block 72, ]ess the ~?ast l.~ feet
thereof, as recorded in Plat Book 12, f>s:?e 62, of
the ?ublic Reco?s of ?a~ Beach County, ~'lorida.
Section 4..T.he following described l:roper~y in ~he City of
Delray .~eacn~ Flori~a, is aez~,~., zoned so as to permit tem:'~orary
parking (and not permanent stora[~e) of' motor vehicles %hereon
only and so as to prohibi~ any o'l:her use, to ~vi~:
~he ~ast one-half of [~].ock 7?, as recor..fe~ in
?latBook 12, Page 62, of the F~blic i{ecor~_~s of
oeam_~ Cmmty, ~lor~da.
That sa. id~.~rope~ty s~.all be ma~n~a..ned as a parking~ lo~ for patrons
of the Post O:~):['ice .,.or the p~rio~, o:[' ~?ost O~!'fice tena~cy-~i ~'
confines of Block 73; provided, hm~ever that the m~mers of such
. ~ ~ ~he ri?bt t.o make ~se
proper~y anal persons ~n~]er him s._.al! .~ave ~ ~..
such property, for temi>orary ~'°arkin~- - -o in common ~ith pattens of such
Post Office. In the event buildin./:]s o2her than the Post Office
erected on said Block, each shall then be require5 ~o conform to tbs
usual off street pa.r~n~ requirements of this Cit~, an8 the space
now proviJe8 shall no~ be consi~ere~_ in meeting this requirement.
Section 5. In the future development of any portion
of said Block 73, the following uses, normally permitted in a
C-2 district, shall be prohibited:
(a) Automobile sales rooms, with customary
service department
(b) Automobile repair and servicing garage
(c) Wholesale bakery ~'
(d) Boarding or rooming houses
(e) Bowling alleys, pool and billiard halls,
skating rinks, and similar establish-
ments
(f) Bus terminals
(g) Commercial greenhouses and similar estab-
lishments
(h) Morticians' establishments or funeral
chapels
(i) Public garages
~ Retailsecondhandfarmcarimplementlots and tool stores
(1) Warehouses
(m) Walled storage
SectiOn 6. That the concrete louver fence as now
erected within the confines of Block 73 shall be maintained
by the property owners, and shall not be removed, varied or
altered without the written consent of the City.
Section 7. The building inspector of said City
shall upon the effective date of this ordinance change the
"zoning map of Delray Beach, Florida, 1960" to conform to
the provisions of this ordinance.
Section 8. Resolution No. 1332, passed and adopted
by the City Council of the City of Delray Beach, Florida, on
the 12th day of June, 1961, shall remain in full force and
effect.
Section 9. Violations of this ordinance shall be
punishable in the same manner as provided for in the Code of
Ordinances and each day any violation shall persist shall be
a separate offense.
Section 10. Should any section, clause or provision
of this ordinance be declared by the court to be invalid, the
same shall not affect the validity of the ordinance as a whole
or any part thereof, other than the part so declared to be
invalid.
PASSED AND ADOPTED this the i?th , day of
De'embet , 1962.
Mayor
ATTEST:
City ~
First Reading Decermber 7, 1962
Second Reading, Dece,n~,er 17, 1962
-5-
/.GREE~,.~,~T ~EST2!CTING ~?HE USE OF CENT}~N
~,A~DS LY=NG IN PLOCK 23, DELRAY BEACH,
~'i,Oi~VD. ,A ACCORDING TO PLAT BOCK ]P, ~A,GE
~ FILE !N TH~ OFF!CE OP '~T~E ¢},~'.wK
't'his .¢.',R..r~L~;. made +h¢ /~day of June, ~961, by ¢n4
tw~en the CITY OF DELR~Y PEACH, FLORIDA, hereinafter called
"C' " hereinafter cai]ed tee "Owne~"
P~ ~nd 2~, Block 7~, De'ray B~ach, Florida,
accordin~ to P~,~t Book 12, PaCe 62 on file in the O¢fice of the
Circ~it Court ~n and ¢or Palm Beach County~ Florida, and
WNE~2~R, the aforesaid oroperty is presently zoned R-P (two
family dwellin~ ~istrict), and said ~illiam R. He~8rt h~s re-
auested that the zoning of said lots be chan~ed to C-2 (general
commercial 4ist~iab~, snbjec2 to certain conditions a~d restric-
flops, hereinafter specifically Pet forth, and
~ ~m. tb~ "C~ ,~ de~m~ it for the be~t interests of the
citizens oF De]ray Be~ch~ Florida, to rezone the afores~i~ pro-
perty, s~bjeat to the hereinafter mentioned oonditions ~nd res-
triction~ ~n ~r~er to insure the publio ~afety of said citizens
by providi~ a more suitable ~ite for the looation of the Poe~
Office to be ~omstructed by sald "0whet",
NO~', TWEREFORE, IN CONSID~TION OF T~ MUTUAL COVerTS
HE~IN CONTAINED, IT ]S HEREBY AGREED AS
1. The "C:~v'' a~r*~ ao ah~n~e th~ ~on~n~ classification of the
ever, to tn~ eove~nts, conditions and restrictions herein con-
tained to be oerformed by and to apply to ~he ~O~er".
2. The "O~er" covenants and agrees, for hime~lf, hi~ heir~,
personal repreeentat~ve~ or assigns, ~e follows:
(a) That ~he "O~er" ~111 permanently dedicate the North
Fifteen (15) feet of Lots One (1) ~nd Twenty-four (2~) of th~
aforedescribed real ~roperty to the "City" for ri~ht-of-way
purooses.
lb) That ~he oropose~ Post Of floe Building shall be oon-
s~ructe~ o~ a portion of the afore~esorib~d Lo~s 22 2~ and
and shall be located not les~ tha~ ~e~enty-fi~e (75~ feet south
of the c~nter-]ine of Northeast ~our~h (~th) Street, ~d that
there sh~]] be a ~r~veway on the North side of said proposed
BuildinF.
(~) That Lots 1, 2 and ~ of said real prop~r~y shall be
used as a parkin~ area for proposed Post Office ~o~o~i~
quipment, and ~aid area shall be walled In wl~h a ~a]l no~ less
thaP Si~ (6) feet in heigh~h of a t~e of oon~truot~om a~reeable
to the oresent C~tV
~raoh 2(c) above shall be considered ~o ~ ~o e~tend Southerly
from the ~outh wall enclosin~ Lots 1, 2 and ~ of said oroperty
to Southeast Third S~reet; said w~ll to be oon~truoted on the
we~ side oF a North-South ~lley~to ~e pro~de~ o~er the East
sixteen (]6) feet of ~ Omc (1~ ~hrom~h ~el~e (12) inclusive
of B~ock 7~ being dedioate~ for ~uoh pu~o~ by the "O~r"
thereof .
.",.- T~.,.,,~. a ~] ir parking- area to accomodate
'Thir:~,-~<~,~ (A~i~ car~ with proper in~ress a~d
vl~d ~d ~ .... ,nt to ~n~ [%outh of the proposed building; and ta~t
sa~ ~r.kir~ 'or ~na] ] be maintained ss such, for the
[~o~t ~f~'~e t~nan~v w~thin the confines
above -~,~,-r~bed.
~ r) Theft thc orooosed buil~in~ to be constm~cr~'l
south: ,?d tn, ~ th~ enti~ ar~a occupied by th~
cl~.~din~ t-'h~:~ r-~:~.ii~ r,~rk~ ares, shall b~ ~rope~]v lands.'aoed.
('~) That ~ wn~! shall ~e ~nnst~ucted alon~ th~ No~tb ~ine
of th~ oroperty a~fl not l~sa than Forty (nO)feet' from ~e ~ertter-
line or ~o~'t.~,~as~ Y~.~'t,~, Ltseet. which wall sh~ll ,~xtend
e,~st~r]y ~o a point not in conflict w~th provisJono
No. 9-lqO, sai~ wn]] to be constructed of sufficient strength
s'~ t'~b~ e ~si~~ ~ ~4greeab] ~= t;o tb~ present City Co~,~o~ ~ .
r%] mb~t ro ~,~te~a~ or 4chris shall be placed on *be Nortb-
~n~a F~rst Avenue sid~ of Block 73 during the ~eriod of construc-
tion here~n r~erred to~ ewceDt in that walled-in p~rk~ lot area
described ~r na'pa~r~ph P (c) hereir.
(~) That in the future development of any portion of said
Block 9% which now or hereafter ~s zoned C-2, the followin~ use,=,
normally ~erm~tted in a C-P District, will be prohibited:
(1) Automobile Sales rooms with customa~ service department.
(2) Automobile repair and servicing ~ara~e.
(5) ~olesale Bakeries.
(~) No residential development, boarding or rooming houses.
(p) Bowling alleys, pool and billiard halls, skating rinks
and similar establis~ents.
(6)Bus terminals.
(g)Commercial green houses.
(]0) ketaii farm implement and tool store.
(]~) Second hand car lo~.
(]3) Ws;'ahouses.
(15) Walled storage.
(la) Yo business that will be objectionable because of odors,
~oises, f~es, smoke, ~ases or vib~at4ons.
(j) That the "Owner" fumther a~ees that this 'Agreement' may
be recorded with the Clerk of the Oi~euit Oourt in and for Palm
Beach CountX, Florid8~ and that the covenants, conflltions and res-
frictions ~on*a~ned herein may be enforced by the "C~ty" in the lol-
l owin~ manne~:
(si That the "City" may Peruse to grant a buildin~ pePmit
until such time as all of the conditions and covenants here~n con-
, t~ined to be ~erformed by the "O~er" ~rior to the commencement of
cormtructiom are performed.
(b) That the "City" may refuse to ~rant a certificate
occupancy until such time as all of ~he conditions amd covenants
herein contained to be performed by the "O~er" at the time of com-
'o]etion of said Post Office Building are 9erformed.
(c) That any violation by the "~er" of the restrictions
contained herein subseqt:~n~ to the com[~letior of the constructioD
of said Pos[ Oft ~.ce ann'~ be treated as a violation of the Code of
Ordinances of the City of Delray Beach, Florida, and punishable in
the same manner as provided for in said Code of Ordinances, and that
each day any violation shall persist shall be a separaLe offense.
IN WITNES[q ~REO~", the "City" has caused this 'A~reement' to
be executed by its Mayor and attested by ~he Ol~y Olerk and Uhe City
seal ~o be affixed thereto, and the "O~er" has also executed this
A~reement on ~he da~e first above written.
STATE OF FLORIDA )
COLFNTY O? PALN BEACH )
This is to certify, that on bhe /~/day of June, 1961,
personally appeared before me the undersigned authority,
GEORGE V. WARREN, Mayor of Delray Beach, Florida, and WILLI~
R. HAGGART, kno~ to me to be the individuals who ewecuted the
fore~o~n~,,' a~r-ement and they acknowledged before me that they
~xe~fl the ~m~ freely ~nd vo]untar~l~ for the purposes tb~re-
in
N~a~ Pubfic~$~f F~rida at
My Commission Expires Sept. 23, 19~
~ by A~ican Surety Co. of N. Y.
~ in Official Record Book
Palm Beach Count, Florida
J. ALEX ARN£TTE
CLEI~ OF CIRCUIT COURIi
ME~iORANDU~ OF CONVERSATION WITH ~%R. WILLIAM R.
HAGGART, BY PHONE, AUGUST i0, 1961, IN THE
PRESENCE OF MR. W. A. KNOX, GENERAL CONTRACTOR,
AND COL. DUCAL O. C~akPBELL, REPRESENTING THE
CITY, TO DISCUSS THE RESPONSIBILITY OF BUILDING
THE WALL RUNNING FROM THE SOUTHWEST CORNER OF
THE PROPOSED POST OFFICE BUILDING WESTWARD ON A
STRAIGHT LINE TO N. E. FIRST AVENUE NORTH ALONG
THE WEST PROPERTY LINE OF LOTS I AND 2 TO A POINT
40 FEET SOUTH OF THE CENTER LINE OF N. E. 4TH
STREET, HENCE EASTWARD ON A LINE PARALLEL TO AND
40 FEET SOUTH OF THE CENTER LINE OF N. E. 4TH
STREET TO A POINT OF INTERSECTION WiTH A NORTHERLY
EXTENSION OF THE EAST LINE OF PROPOSED BUILDING.
It is agreed by the undersigned, Mr. Willism~ R.
Haggart, that the wall referred to hereinabove will be
built as per agreement with the .City of Delray Beach, at
his expense and in keepin~ with the agreement previously
entered into between him and the City of Delray Beach, and
further that this will be built in accordance with agree-
ment entered into today during our telephone conversaticn
and in the presence of Mr. Knox, without delaying the
construction of the post office building in any manner and
without cost to Mr. Knox and his associates.
Witne~
' o~ . Haggart
Delray Beach, Florida
December 7, 1962
City Council
City of Delray Beach
Delray Beach, Florida
Re: Block 73, Delray Beach, Florida
Gentlemen:
It is my understanding that you intend to pass an ordinance
rescinding certain agreements concerning Block 73, Delray
Beach, Florida and placing certain restrictions on said
block.
Although most of the following are expressly covered in the
proposed ordinance, I also wish to go on record as the owner
of the property, in giving you my assurance that I will agree
to be bound as follows:
1. That the South 81 feet of the North~.~ feet
of the East half of Block 73 shall be maintained as a parking
lot for patrons of the Post Office for the period of Post
Office tenancy within the confines of Block 73; provided, how-
ever that the owners of such property and persons under him
shall have the right to make use of such property for tem-
porary parking in common with patrons of such Post Office.
In the event buildings other than the Post Office are erected
on said Block, each shall then be required to comform to the
usual off street parking requirements of this City, and the
space now provided shall not be considered in meeting this
requirement.
2. That the concrete louver fence as now erected
within the confines of Block 73 shall be maintained by the
property owners and shall not be removed, varied, or altered
without the written consent of the City.
City Council December 7, 1962
Page 2
3. That the South 128.50 feet of the North 143.50
feet of Block 73 shall be maintained as presently laid out and
in use for Post Office usage for the period of Post Office
tenancy within the confines of Block 73.
4. That the area occupied by the Post Office, in-
cluding the public parking area, shall be properly landscaped
by the owner.
Assuming that the proposed ordinance is passed on first read-
ing tonight, I will also, hereby authorize you to immediately
use the South #0.7 feet of the North 184.20 feet of the West
half of Block 73 for parking and egress to Northeast First
Avenue and will permit you to remove a portion of the concrete
louver fence to accomplish this purpose. This latter consent
is given for a period of six weeks in order to enable you to
use this portion of the property during that period prior to when
the agreement can be finally executed. If for some reason the
ordinance is not passed on second reading, I will, naturally,
withdraw this consent at the termination of said six weeks.
I trust this arrangement will meet with your satisfaction.
Yours very truly,
William R. Haggart
~ach, ~i~., ~ ~icilal corl,:cr~iom o~a~zed a~ existing
the (;~mer:
Cf :Jlock Cit~' cf :)elra~' f~ach, a~ordi~ to the
plat thereof o~ file in ~he tiff ice of the ,Jlerk of the bircuit
~:~ ;~:~,.~, the ~ity wishes to o~tain ~ ri~t~f-~ay
naz~c by t~ (;tt$' to the ,..~ner~ ant
i~ h~reby ~'~'~l~d
~ ~ .~ ~ by the '(~ners, ~d in consideration of the
by the parties:, it irs hereby mutually ~e~ a~ follows:
i. ~Jhe ~'~n, er~ ~ereb~' .~,:rant unto the Jity a ri~r'~t~l-
~ay eazement over a ?o~ion of i~lock 75, ~it~, of :,~Iray i~ach,
~ne plat t~r~f ~co~ in the fiice
of the ('.terk off t'~:~ ~.i~uit ~ourt in a~d for ~.alm J3each Joun~y,
i:lorida, in ~ lot ~f~ok 1~, at i age 62, which eazeme~t is mow
oe~cx'~ a~. follows:
t:,ar'~icuiarty" '
i'~el 1: 'fhe ~th 20 feet of the J~o~ i6~.~ feet of
the ::last ~.,~-~ of 31~ 7~, ~d incla~ng ali
t~t i:art of the 16 f~t ~tde alley (ab~do~ed
i.i~ten (~mlray ~ach), as re~crded' in flat
,~ook 12, [age ~2, of th~ iublic :{scolds of i ~
~ach O~t~, .florida, ~d
The ::outh ~0.7 feet ef th~ ~orth 1~.20 feet
the ~e~t Cne-h~f of Bl.~k 7~, le~ the 6asr
~ ~ez~ ~g~ee that ~he ~i~y ~a~ remove
tion of t~e concurs louver fe~ ~ ~ e~ct~ on the ~est
men~ he~b~ c~ed in the Cit~~ is a dete~nable ea:se~nt.
The po~ic~ cf s~ easement ~escri~ as ~.~el 1. 'shall
~lock ~; hoover, the (.;w~rs sh~l ~e the .ri~t to
t~t portion descried as ia~el 2. at ~y ti~, after first
me~t to be executed ~ itz ~Aaycr ~d atteste~ by it~ City
Clerk, ~d the City seal tc ~ ~fixed he, to, ~ t~
~s also execut~ ~is ~,~eaent ~ the d~ ~nd year f~rst
a~ve
e~sting ~der the ia~$ o~ the
ARR~ aa te
141 Ve:',.~t~an ~)rive
D~lray 2~.~:r~,, Florida
M~i?c'r A1 c. ;.~ery June , 1965.
City [~all
Cit~; of Deltas- Detach, Florida
Dear Mayor Awery:
On ~ber 7, 1962, Mx~. ~gmr~ mhd I, c~s gzsntozs, ant(~re:~
into a dete~nabl~ ~s~t mgz~en~ with t~e City si ~lray Beach,
te~inaZ~ by us upon ninety (90) do~ ~ltt~ noti~ to the City.
Please ~n~ider thi~ letter as such nexis.
~x reason fez te~lnltin9 the ~l~t il that ~ are in
centez, and as a c~le~en~ i~ ~es ~lary for ua to
PI~se ~ assured that ~ will ~rate ~lly with ~e Ciuy .tn
~ov~d~g o~ez, ~pll ~gzel8 to and e~ess fr~ tho bXock.
~. J. Lezoy
~. George Tal~t, Jz.
whe ~ing each first duly swo~, ~po~ ~d say that ~2
~ ~s~ctively ~,or ~d City Olerk ol~ the City of ~elray
f~g~i~ ~~t ~d ~fixed ~e ;:eal of ~e ~;it2
,,sitar"':. .5~ch, ?loriaa, ~d ~he~ ~.c~o~ledged ~fore m~ ~hat
MY COMMISSION £XP~R[$ SEPT. 12, 1966
~n this
w~ si~ed the forego~ ~:~eaent, a~ the2 ~o~l~ged ~fore
.... ,,
Affidavit of Publication
THE DAILY NEWS-JOURNAL
Published Daily
Delray Beach, Palm Beach County, Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before _th~"n'n~rsigned authority perso.~
appeared
who~ th,~, saysx that .~:... i~....~...~..~.~..~
· ........ of~/~.~ Dail7
News-Journal, a daily newspaper published at
Delray Beach in Palm Beach CouvAy, Florida;
that/~t, tache.d ?opy of advertisement, being ag
m the ........................................................................ Court,
was pl~blished in ~aid newspacer in the issue (s)
Affiant fu~her says ~at the said Daily
News4ournal is a newspaper published at Delray
Beach, in said Palm Beach County, Florida, and
that the said newspaper has heretofore been eon-
t~uously published ~ s~d Palm Beach County,
Florida, daily and ha~ been entered as second
class mail ~tter at the post office ~ Delray
Beach, ~ said Pa~ Beach County, Florida, for
a period of one year ne~ preceding the ~t
publication ~ the attached copy o~~e-
merit; and Mfiant turner says that .......... ~...~
has neither paid nor pro. ed any person,
or eo~ation ~y discount, rebate, commissio~n
or refu~ for She purpose of securing ~his adver-
~seme~t for pu~i~ ~ said ~ws~aper.
(S~) ~ ~ C ~ot;ry 3u~ie
NOiARY ~, STATE OF FLORIDA AT LAR6E
M.Y GOMMISSJON EXPIRES OGT. 25, 1966
ORDINANCE NO ,~-~, 75
AN ORDINANCE OF THE CITY OF DELRAY BEACH,
FLORIDA, CONCERNING BLOCK 73, IN SAID CITY;
AUTHORIZING THE MAYOR AND THE CITY CLERK,
ON. BEHALF OF SAID CITY, TO ENTER INTO A
~ITTEN. AGREEMENT WITH WILLIAM R. HAGGART
AND VIRGINIA L. HAGGART,. HIS. WIFE, RESCIN-
DING THE WRITTEN AGREEMENT BET~ WII_,!~,IAM R.
HAGGART AND SAID CITY STYLED, "AGR~.~T
RESTRICTING USE OF CERTAIN LANDS, ETC. ,"
(WHICH AGREEMENT IS DATED JUNE 12, 1961,
AND. HAS BEEN RECORDED IN OFFICIAL RECORD
BOOK 643, AT PAGE 609,. PALM BEACH COUNTY,
FLORIDA, PUBLIC RECORDS), RESCINDING THE
WRITTEN AGREEMENT BETWEEN WILT,IAM R. HAGGART
AND VIRGINIA L. HAGGART, HIS WIFE, AND SAID
CITY STYLED, "MEMORANDUM OF CONVERSATION
YfITH MR. WILLIAM R. HAGGART, BY PHONE, ET
CETERA," (WHICH AGREE~ENT WAS EXECUTED BY
WILLIAM. R. HAGGART AND VIRGINIA L. HAGGART,
HIS WIFE, AND IS DATED AUGUST 10, 1961) AND
RESCINDING THE WRITTEN AGR~.E~T BETWEEN
WILLIAM R. HAGGART AND VIRGINIA L. HAGGART,
HIS WIFE, STYLED, "AGREEMENT," (WHICH AGREE-
MENT WAS EXECUTED BY WILLIAM R. HAGGART AND
VIRGINIA L. HAGGART, HIS WIFE, AND IS DATED
AUGUST 19, 1961) ALL OF WHICH AGREEMENTS ARE
ATTACHED TO THIS ORDINANCE AND MADE A PART
HEREOF BY, REFERENCE: VACATING AND ABANDONING
AN EASE~T OVER A PORTION OF SUCH BLOCK 73;
AUTHORIZING THE MAYOR AND CITY CLERK, ON BE-
HALF OF SAID CITY, TO ACCEPT AN EASE~NT FOR
INGRESS AND EGRESS OVER A PORTION OF SUCH
BLOCK 73; ZONING A PORTION OF SUCH BLOCK 73
FOR PARKI~'G USES ONLY; IMPOSING CERTAIN
USE LIMITATIONS UPON ALL OF SUCH BLOCK 73;
AND PROVIDING A PENALTY FOR VIOLATION OF THIS
ORDINANCE.
WHEREAS, WILLIAM R. HAGGART is the owner of all of
Block 73, in the City of Delray Beach, Florida, and
WN~EAS, such Block 73 is presently zoned in Classi-
fication C-2, ~_~d
WHEREAS, on the 12th day of June, 1961, the City of
Delray Beach, Florida, and WILLIAM R. HAGGART, entered into a
written agreement, recorded in Official Record Book 6~3, at
Page 609, Palm Beach County, Florida, Public Records (a copy
of which agreement is attached hereto and made a part hereof
by reference as Exhibit A), and
WHEREAS, on the 10th day of August, 1961, the City
of Delray Beach, Florida, and WILLIAM R. HAGGART and VIRGINIA
L. HAGGART, his wife, entered into a written agreement styled,
-1-
"lemorandum of Conversation with Rt. William R. Haggart, by
phone, et cetera," a copy of which is attached hereto and made
a part hereof by reference as Exhibit B, and
WNEREAS, on the 19th day of August, 1961, the City of
Delray Beach, Florida, and WILLIA~ R. HAGGART and VIRGINIA L.
HAGGART, his wife, entered into a written agreement styled,
"Agreement", a copy of which is attached hereto and made a part
hereof by reference as Exhibit C, and
WHEREAS, it is the purpose of the City of Delray Beach,
Florida, and WI~,T~IAN R. HAGGART and VIRGINIA L. HAGGART, his
wife, to mutually rescind all of such agreements and to incorpo-
rate the subject matter of all of the same which is still execu-
tory into this ordinance, and
WN~EAS, it is the purpose of the City of Delray Beach,
Florida, to impose certain use restrictions and limitations upon
Said Block 73, in addition to those already imposed by its zoning
Classification C-2, and
W~..~EAS, it is the purpose of the City of Delray Beach,
Florida, to zone a portion of such Block 73 for parking of motor
ve~icles only, and
~EAS, it is the purpose of the City of Delray Beach,
Florida, to accept from WILLIA~ R. HAGGART a determinable ease-
ment grant over a portion of such Block 73.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS
Section 1. The Mayor and the City Clerk are hereby
authorized and empowered to enter into an agreement in writing
on behalf of the City of Delray Beach, Florida, with WILLIA~ R.
HAGGART and VIRGINIA L. HAGGART, his wife, whereby the afore-
mentioned written agreements (copies of which are attached
hereto and made a part hereof by reference, respectively, as
Exhibits A, B _~_nd C) between the City of Delray Beach, Florida,
and the said WILLIA~ R. HAGGART and VIRGINIA L. HAGGART, his
wife, shall be rescinded, effeCtive immediately.
Section 2. ~rsuant to Paragraph 3 of Section 7 of
the Charter of the City of Delray Beach, Florida, the following
described easement is hereby vacated and abandoned, effective
immediately, to wit:
-2-