Loading...
11-15-65SpMtg 8O? NOVEMBER 15, 1965. A special meeting of the City Council of the City of Delray Beach was held in the Council Chambers at 4:00 P.M., Monday, November 15, 1965, with Mayor Al. C. Avery in the Chair, City Manager David M. Satchel, City Attorney John Ross 'Adams, and Counci'lmen J. LeRoy Croft, James H. Jurney, Jack L. Saunders and George Talbot, Jr.. being present. Mayor Avery called the meeting to order and announced that same had been called for the purpose of final ~etermination with Glace F31gineer- ing Company concerning the Beach ~osion Program Improvement, and for any other business that may come before the meeting. An opening prayer was delSwered by City Clerk R. D. Worthing, and the Pledge of Allegiance to the Flag of the U~lted States of America was giV%n. Mayor ~very recogni=ed and introduced Mr. Walter Dietz, former Mayor of Delray Beach a~d a candidate for Mayor in the coming November' 23rd Election. Mayor Avery also introduced Councilman James H. Jurney, a candidate for Mayor along with himself and Mr. Dietz in the coming November 23rd Election. Mayor Avery said this meeting had been called as November 15th is the dead line for any action the Council may take concerning Section II of the Beach Erosion Program, and since the Beach Erosion Committ~e~ and Mr. Talbot, Chairman of said Committee have func£tioned so well i~ this endeavor, he would like for Mr. Talbot to conduct this portion of the meeting. Mr. Talbot asked that the City Manager read his letter to the Council, dated November 15th, 1965, which is as follows= "Since yom special meeting held November 4, 1965, at which you discue~ed the beach'~roe~on'program and the'~ove~ber 15th dead- line attached thereto, much work has been accomplished by Council- men George Talbot, Chairman of the Beach Erosion Committee, Mr. R. D~ Worthing, City Clerk, Mr. John Ross Adams, City Attorney, Mr. Robert Gracey, Realtor, an~ this office in an effort to se- cure deedsfrom the various property owners in Section I~ of the Slate Engineering Beach Erosion Report. As a result of this effort, I feel optimism can be expressed at this time as to the possibility of securing deeds to all of the beachfront property in the Section' II .area. A report to this effect will be avail- able for the Council at today's meeting. .Mr. E. S~ ~elley of ~e Engineering Corporation will be present at today's meeting, a~d as the result of conferences this date with ~r. ~11ey, Councilman George Talbot and myself, I wish to respe0tfully recommend the following steps be considered by the ~i~y,COu~cil in proc~eding with the beach erosion control program: 1. The ~i~y Council authorize Glace Engineering Corporation to proceed wi~h field work, to include surveys, ~lignme~ts and teat borings, fOr approximately 4000 feet of beachfront from the south- e~ly terminus of the'sea wall surroundingthe-Walter Wecker prO- perty to Atlanti~ Avenue. This 4000 feet would i~clude 1200 plus ~t of Section II and 2?00 plus feet'~ Section I~I. Such field w~k would be the basis upon which 6es~gn Plans' and speCifications would be prepared on all of section ~.&~d',as much of Section III as available ~unde could provide£~re~nbtruction. Such field work woul8 not be an expensi~e ite~ in: the overa!l coat of the pro, eot an~ would be useable in am~ ~dture extension of beach "erosion control Construction.subsequent to this. initial pro- ject. _ 2. The City Council authorize. Olace Engineering Corporation to proceed with design .plans and .specifications of a complete and continuous concrete block revetment for all of Section II and the northerly 1500. feet of Section III. 3. The City Council authorize G%ace Engineering CorPOration to proceed With the design plans and specifications for a pre- sently undetermined length or portion of Section III for the purpose of requesting alternate or open-end bids to extend the structure as far to the south of the 1500 feet mentioned in .. paragraph two above as allotted, funds w~11 permit. I am s~lre I need not emphasize the' importance of this project to the me~bers of the City Council, but since, time is of the. essence, I believe the above recommendations for consideration to be in order. All parties involved in the obtaining of deeds from the private property owners, and Mr. Kelley of Glace Engineering Corporation are present and available for further discussion and consideration of the future of this project." City Manager Gatchel said he felt it would be in order for the Attorneys or Other parties involved, to make reports as to the status of their negotiations with the property owners involved in Section II of the Beach Erosion Program. Attorney Rhea Whit!ey, representing Mr. Forrest Lattner owner of the southern parcel of property in said Section Ix, Informed the Council that Mr. Lattner has been very active in talking to and dis- cussing the possibilities with other properties An Section II, his idea being that there should be some uniformity in action, and if all could agree on some course of action, it would be to their benefit and also the benefit of the City. Attorney Whitley said that Mr. Lattner raised two questions con- cerning the proposed deed tO the City, one of them being the use of the expression in covenant (2) "and no Commercial use shall ever be permitted on the .premises herein conveyed" and'if that contemplated the concessions on the beach for caban&s, windbreaks, etc. Attorney Whitley said he would like a confirmation that "no commercial use" did prohibit that use in Section II. Mayor AVery asked the City Attorney if this covenant could be changed to include cabanas, and the City AttOrney suggested that all the restrictions be read' to the Council before they-are approved. Attorney Whitley said that since several deeds have been prepared, some of them having been executed, it may entail considerable work to re .wTite them, but as long as the ~ecords show that the statement "no commercial use"-'includes conceSsions.lfor cabanas., windbreaks, etc.,. such as has been granted .eh the present public beach, believes that will be sufficient. Mayor Avery calls~ for a vote to sh~w the intent 'of the Council that the statement in question in covenant (2) "no commercial use" included concessions for cabanas, windbreakS, etc., and all voted yes . Attorney Wtt[ti~y informed the Council that the other question asked by Mr. Lattner is whether the 'City contemplates eXten~'ing the present sidewalk on up to the North end of Section II, and that it is his understanding that same is not' contemplated~ but there will be a flat a~a Or walkway ~long the top 6f the revetment~ Talbot said that Attorney Whitley lis correct in his understand- ~', and some Of the ~ketChes in the Proposal show said walkway. Further, that the promenade will be on ~he east side of the wave screen and not between the wave screen and the east side of AIA. -2- 11-15-65 .309 It was pointed out that if the State Road Department determined at some time to provide parking or sidewalks within the State Road righ~ of-way, the City would have no Jurisdiction over same. AttorneY'Whitleyinformed the Council~'that With those two questions answered aS they have been, M~. Lattner had 'authorized him~ on his. be- half, to inform the Council that he w~uld execute said ~eed; hoover, he desired that the deed be dated January first, 1966. That the deed would be executed as of January let or 2nd, 1966, and delivered to the City of Delray Beach to be held in escrow and recorded after January 1st, 1966. Attorney Wh!tley said that.the secondprope~tyin Section II be- longs to Mrs. Rae W. Fabens, and that she has executed a ~eed dated January 1, 1966, and that she has ~nformed M~ Lattner that whatever action he takes, she will follow, Concerning the third pa=ce! of proPert~ in Sectio~ II,. cycled by Major ComptOn, Attorney Whitney informed the Council .that Mr. Compton would.~ot be do~n for a few'days but had authorized Mr. Lattner, by telephone today, to commit him as he would take ~he same action that Mr.'Latt~er does~ therefore, a deed will be executed on the basis of his conversatio~ to Mr~ Lattner. Concerni~ the 4th parcel of property in Section It, owned by Mr. RobeTt W. Tyson, Attorney Whitley reported to Council that'Mr. Tyson has st~ed he will go along on the same basis with the others and will deliver a deed. Attorney Whitley said that he didn't know about the Stone property, but Mr. Robert Graceywould make a report on that. Further, that Mr. Lattner had talked, by telephone today, to M~. Edwin Price of Nashville, Tenn, the Executor of the Estate of Margaret Price, that he will Delray Beach later this week, and has agreed to go along on the same basis as Mr. Lattner. Mayor Avery thanked ~ttorney Whi~%y. for his report, and then asked that the City Manager prepare a letter, over the signature of the .Mayor, expressing the City Cotmcil~s appreciation for his unselfish efforts on this project. The Counc£1men agreed to said letter being written. City Attorney Adams read the covenants that accompanied the as followst "(1) That no buildings, cabanas, shelters~ picnic tabl'es, grills, or' like .structures or equipment, shall be erected, placed o£ pe~mitted on the real estate herein conveyed, it ~eing ~nderetoo~ 'that the use is restricted to public beach purposes aa further limited herein. (2) That no parking shal! be allowed on either side of Highway A-1-A adjacent to the property herein conveye~, and no co~ercial use shall ever be permitted'on the premises herein conveyed.  ) That th~ Grantee will within one (1) year from the date of is deed cause to be constructed on the premises a protective _~ve $cr.~ said wave screen ~o also include steps to the beach ~hin'l~"~et of the premises herein conveyed. Said Improve- .an~'%~u~e maintenance thereof to be accomplished without s~ial-'"~aS'4e~emen~s against the upland property of the Grantor. UpO~'~' the failure of the .City to taus, the construction of the improvements wi%bin said period, the Grantee will reconvey the property described in this Deed to the Grantor, her heirs or assigns. "(4) ?hat the Grantee will grade and maintain the area be- tween thew ave screen and~the East right-of-way line of High- way A-1-A commensurate with the lands~aping andmatntenance of the present public beach area so long as said grading and maintenance is.consistent with good engineer~ng practice. The above and foregoing covenants and restrictions shall be construed as covenants running with the land." City Attorney Adams continued= 't~n addition to that, mainly at the request of Byrd &Whitley's office that see~ to represent a number of Property owners, we have put in a ~right of re-entry' in the event these covenants would be broken by the CitY. It reads as follows: 'But if the said party of the second part (that's the City) fails to comply with the conditions and covenants set out below, said party of the first part may re-enter and possess the estate .as formerly, pro- vided that the party of the first part, her heirs or assigns, must give written notice to both the City Manager of the City of Delray Beach, Florida, and the City Clerk of the City of Delray Beach, Florida, of the particular condition or covenant that has been broken~ and further provided, that the said party of the second part, or its successors or assigns, shall have ninety (90} days from the date that said notice is received in which to comply with said condition or covenant~ and further provided, thatsaid compliance must be within the physical and legal capabilities of said party of the second part, in order for this right of re-entry to become effective.' In other words, in the first instance~ we had it as a covenant or restriction running with the land which they could go into the court and enforce an2way, but they feel that having a right of re-entry that they would have more control over some future Council that would fail t° comply with these. As long as it is legally possible, the City would have to comply with these restrictions within the period indi- cated." Mr. Saunders asked who would decide when a covenant had been broken, and the City Attorney said that in most cases it would be rather ob- vious, but there is always the possibility that the court would have to decide. Mr. Saunders questioned as follows: "You say we have a year to get this thing in. Suppose, because of the acts of God or something like that, we just can't get this'revetment in, in the year, what happens?" During discussion, Mr. Talbot commented as follows: "Pot the re- cord, I would like to clarify what I think, and what the City Admini- stration thinks, in so far as the time element. Mr. Saunders raised the question that there is no hurry because you have from now until January first, but that'is not correct, we expect those that have been working on this to get these deeds executed and signed, and those that are pre-dated signed within the next two weeks and in escrow." Mayor Avery explained that the reason for this November 15th dead. line is that the intent of this Council is to get the plans drawn and put out to bids and work started after this coming season and complet- ed before the start of the next season. Mr. Talbot explained that in the conference today with Mr. Kelley of Glace Engineering Corporation and City Manager Gatchel, the time schedule h~'been gone over and this is the last date this can be de- c~ded and ~Xpect completion during the year of 1966. With this start- ing da~e, it is expected the .project can be put out for bids on March 15th, 1966, giving 30 days for the contractors to work up the bids, and same be let by April 15th, with work completed before the start of the next winter season. Attorney Yancey Byrd, representing Mrs. Anne Hart, owner of proper- ty in Section II, informed the Council that he had contacted her by -4- 11-15-65 311 phone in Connecticut today and that she is very reluctant to give any- thing to the City, especially her cherished beach~ further, that Mrs. Hart has a friend' in Gulf Stream who has her confidence and she would like his approval before she takes any action. Attorney Byrd said it is felt that ~en th~s. frien~ of ~s. ~rt has had a ~mplete expla- nation of the ~ssibilities and probabilit~es involved, ~at he w~11 cooperate, ~ich could result in her signing a deed to the City for her property involved. ~. Robert Oracey, a local Realtor, info.ed ~e Council that ~elen Stone ~uld s~gn a deed to ~e City for her property ~at is involved. Fur~er, that he had talked with ~. John ~ey ~o is represented locally by Attorney Carl ~zelschap, and ~at Mr. ~ey had indicated if ever~ne else cooperates, that he ~uld not hold out. ~. Gracey said he understands ~a~ Dr. Frank Strickler has Con- re=ted ~e C~ty ~nager concerning his property, and that he does not kn~ if an~ne has been in ~ntact wi~ ~. Edward P. BaYard. AttOrney ~itley infor~d the Council ~t ~. ~rnard had Called last week and i~ired as ~o what the other pro~rty o~ers plan to ~o. Attorney ~itley suggested that ~. Barnard be contacted. ~. Talbot sa~ that Realtor For~ ~rter had informed him of being contacted.by D=. Str~ckler, a~d afar ~e situation had been e~lained ~e ~C~n~ ~a'r~, its Successors and assigns" ~n that ~e property being deeded~ ~vld not be assi~ne~, and. to ~ake a clarification, .that ~ Cor~rate successors". covenant'-(3) and ~e ~rs~'g suggested b~ ~ttor~ey ~1~ley, to which he %s in agreement, iS a~ igc!lows: "pr0y!~ed the above ~ime limitation O~. other Aa'tUfa1 ~ty Attorney A~ame informed ~e Covncil that the Fontaine Fox p;~y, accoraing to ~ttorney.' ~ames ~w~n,, ~!a $.~A~t to ~S.~ate, also is involve~ f~'a trus't~ an~ .t~ ]res~ua~'.grantees, s~ably a~ter the ~eath 'of ~rs. Pox~ luther, that aais Property now being appraised .an~ when that i~ complete~ the trust com~an~ ' It ~S P0X~ed Out ~at .~he'Fox proPerlY-tS .the'North 1'9~ '~. TalbOt eugg~ed ~h~'~: ~e reco~e~da~0~a ~e to the council in the Nove~er 15t~ letter ~=0m-city ~nager Gatchel be. apgroved by the' Council.. . . ~ ~o~18 ~ike. ~o' 80~-~:and ':X' ';h~'~' ~lked ~t'~ ;~'. K411eYbrt~flY) ~i,," Z ~have ~fScussed the ~act ~at' Oil ~aS.f'C: c°n~a'c~ :~'~oWS"U 'disC~fin~' ,%hfs'"~r~ at-any time that we ~ecide ~ can,'t go.through wi~ it. If something ~uld-ar~se that we cou~ntt go through, wi,th 'we'~uld pa~ ~im fo~ ~e'~cen~e of ~=k,. u~:&r'.stage.'''~ ~.' "I would Just like for Mt.Kelley to state, for the record, that that is his un~rstanding of it." It was point~ out .that this is already in-the Contrac~c, but Attor- ney Adams said he wanted to be sure that was Mr. Kelley's understand- ing. Mr. E. S. Kelley, of Glace Engineering Corporation, informed the City Attorney and Council that he d0esun6erstand what had been point- ed out by the City Attorney, and that all of their contracts are writ- ten that way. City Manager Gatchel ~ommented as follows: "Z would like to point out the fact that all diligence is still needed to pursue the matter of receiving these completeddeeds, and I.want to pledge the efforts of the entire Adminiet~ative staff of the City in proceeding with this posthaste. There are some additions and :changes necessary in the deeds, but all efforts to get these deeds prepared end in the hands of the Attorneys and tO the in~ividual property owners 'Will proceed just as rapidly aa possible. We want~to havethese within the next week to two weeks at the maximum, because there is a great deal' of faith to be expressed by Council if we do proceed with these recommendations. This would be faith in the property o~ers, as expressed by the various re- presentatives, and word that has been given you here today." City Attorney Adams was caked to phrase a proper motion for the sired action, and he commented as follows:. "You-move that the Glace Engineering Corporation be authorized to proceed in accordance with paragraphs numbered 1, 2 and 3, in a letter from David M. GatChel, to the Honorable Mayor and City Council, dated November 15, 1965." It was So movedby Mr. Talboto The motion was seconded by Mr. Croft and carried unanimously. (COpy of the revised deed form and covenants is attached to the official copy of these minutes.)($ee.paEss 313-A,313-~,313-C) Mr. Saunders said that he would like to determine.if he has the right understanding of what has just been done, and continue~= "By obtaining these deeds to all of this property, the City of Delray Beach will acquire approximately 1300 feet more of public beach, and they in turn will construct a ~evetment in front of this property and maintain it. In essence', isn't that just~what we have done?" Mr. Talbot-said. that:was correct, anti tBat he feels sure that the owners are in good faith, an6 the City is in good faith .in'the manner that this has been handled, but.if'the deeds are not concluded within a period of two weeks, suggested that there be.'a special Council meet- ing to try an~ determine what is wrong. Mayor Avery said that severalpeople have given of their time in tr~ing to get this item conclude~, and suggested that letters of ap- preciation from this Council and the Citizens of Delray Beach be writ~ ten by the City Manager, over the signature ofthe Mayor, to Attorneys, Realtors, and anyone else the City Man~ger feels deserve same. It was so move~ by Mr. Saunders, seconded by Mr. Jurney and.~unanimously car- · tied.' Attorney Rhea Whitley suggeste~ that the property owners involved in this Section II also be include~ in the'people being sent letters of appreciation, which suggestion was agreeable to the Councilmen. Mai{or Avery asked that in said letter of apPreCiation, each'of the Councilmen be mentioned by name~ further, that 'the fine Beach Erosion Committee members also be sent letters of appreciation. Mr. Kelley of Glace Engineering Corporation informed the Council that they are ready to go to work and have a crew standing by that should be here tomorrow. There .was discussion concerning a special meeting to be held in approximately two weeks, and Since there is a special meeting planned for 2~00 P.M., on Tuesday, November 30th, 1965, for Ge purpose of the sale of Cigarette Tax Bonds and water and Sewer Revenue Bonds, it was decided that said meeting would also be for the purpose-of discussion of the Beach Erosion ~ogram Improvement, and for any other business that may come before the Council. Mr. Jurney said that i~asmuch as the Council is contemplating at this time spending some $400,000.00 for a beach at the South end of town that isnot adjacent to City property, feels this is a great deal of money for the Council to make a decision on, and moved that the item of the purchase of said beach property be included on Ge Novem- ber 23rd election ballot for a straw vote to obtain the p~blic opinion on same, The.motion died for the lack of a second. City Clerk.Worthing~ommented as follows~ "For Se benefit ofany individuals present, or those people who know Gat I have a: deed or two from people in Section II, I want to assure them that obviously when these proposed changes of today are made, these ~eople will be contacted and the deeds which I do have will be revised with their understanding." City Clerk Worthing reported to Council as follows: "Price & Lee representatives are in Delray Beach to solicit data for compiling the 1965 City Directory. Chapter 18 of the City's Code of Ordinances re- quires certain application procedure, all of which, except the check- ing'of the references shown on these applications, have been met. Necessary finger-printingand issuance of I.D. Cards will be provided today, or in the morning, and in as much as the individual represent- atives are Boca Raton residents, and have been recommended as reliable citizens by Boca~s Chief of Police Hugh Brown, it is recommended that Council approve the applications of Mr. John P. Cunningham and ~r. Nathan B. Fitch for solicitation of City Directory in~rmation in Delray Beach." It was so moved by Mr. Talbot who stated that he be- lieved the City to be in need of a new directory. The motion was seconded byMr. Saunders and unanimously carried. City Clerk Worthing presented ORDINANCE NO. 41-65. . AN .ORDINANCE OF THE C~Y COUNCIL OF THE CITY OF DELRAY BEACH~ F~ORiDA, ANNEXING TO THE C~Y CERTAIN LANDS LOCATED IN SECTIONS 28 and 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ AND REDEFINING THE BOUND- ARIES OF SA~ CITY TO INCLUDE SAID LANDS. Ordinance No. 41-65 was unanimously placed on first reading, on motion by Mr. Jurneyand seconded by Mr. Saunders. The meeting adjourned at 5~16 P.M. R. D. WORTHING City Clerk APPROVED= MAYOR -7- 11-i5-65 314 313-A D E E D THIS INDENTURE, Made this Z~day of December , 1965, between JOHN H. KREY, joined by his wife LILLI~W K. KREY, of the County of Henrico , State of Virginia, parties of the first part, and the CITY OF DELRAY BEACH, a m~icipal corporation, of the County of Palm Beach, State of Florida, party of the second part, WITNESSETH, that the said parties of the first part, for and in consideration of the sum of One Dollar ($1.00) and other valuable considerations to them in hand paid, the receipt whereof is hereby acknowledged, have. granted, bargained, sold and transferred unto the said party of the second part, or its corporate successors, all of that certain parcel of land lying and being in the County of Palm Beach and State of Florida, more particularly described be- iow; but if the said party of the second part fails to comply with the conditions and covenants set out below, and numbered one (I) through four (4), said parties of the first part, their heirs or assigns, may re-enter and possess the estate as formerly, provided that the said parties of the first part, their heirs or assigns, must give written notice to both the City Manager of the City of Delray Beach, Delray Beach, Florida, and the City Clerk of the City of Delray Beach, Delray Beach, Florida, of the particular condition or covenant that has been broken; and further provided, that the said party of the second part, or its corporate succes- omrs, shall have ninety (90) days from the date that said notice is received in which to comply with said condition or covenant; and further provided, that said right of re-entry shall not become effective without the express written con- sent of the said parties of the first part. Said property is more particularly described as: That portion of Lot 9 & NIO~ of Lot 10, SEGER~S ADDITION to Delray Beach, lying and being East of the right-of-way of State Road 140(A1A High- way) as now laid out, formerly part of Block E of P~lm Beach Shore Acres, according to Re-Plat of the N~00~ of the S516.3 feet thereof, as in Plat Book 16, page 89, Palm Beach County Records. This deed is made for the purpose of granting to the party of the second part, or its corporate successors, a right-of-way for public municipal beach purposes; subject to the covenants and restrictions one (1) to four (4) below, and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public municipal beach the title to the same shall thereupon revert to and revest in the parties of the first part, their heirs, administrators or assigns. AND, by the acceptance of this deed the said party of the second part, for itself, or its corporate successors, covenants and agrees with the said parties of the first part, their heirs or assigns, as follows: (1) That no buildings, cabanas, shelters, picnic tables, grills, or like structures or equipment, shall be erected, placed or permitted on the real estate herein conveyed, it being understood that the use is restricted to public beach purposes as further limited herein. (2) That no parking shall be allowed on either side of Highway A-1-A adjacent to the property herein conveyed, and no commercial use shall ever be permitted on the premises herein conveyed. (3) That the Grantee will within one (1) year from the date of this deed cause to be constructed on the conveyed premises a protec- tive wave screen in accordance with the engi- neering design and specifications dated April 1, 1965, prepared by Glace Engineering Corporation, as particularly shown on pages 35 and 36 of said report, designated Project No. 64047, said wave -2- 313-~ screen to also include steps to the beach within 100 feet of the premises herein conveyed. Said wave screen and the future maintenance thereof to be made and completed without special assess- ments or other charges against the upland prop- erty of the Grantors. Upon failure of the Grantee to cause the construction of the afore- said wave screen within said period and there- after to maintain the same, the Grantee will reconvey the property described in this deed to the Grantors, their heirs or assigns; provided, however, the above time limitation shall not apply in the event construction is delayed due to hurricanes or other natural disasters. (4) That the Grantee will grade and main- tain the area between the wave screen and the East right-of-way line of Highway A-1-A commen- surate with the landscaping and maintenance of the present public beach area so long as said grading and maintenance is consistent with good engineering practice. The above and foregoing covenants and restric- tions shall be construed as covenants running with the land. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, in- terest and claim whatsoever of the said parties of the first part, either in law or equity, to the only proper use, bene- fit and behoof of the said party of the second part, or its corporate successors forever. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in presence of: (StoL)