Res 79-97 RESOLUTION NO. 79-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
EXCHANGE CERTAIN REAL PROPERTY IN PALM BEACH
COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED TO
RAIN-BERRY LAKES HOMEOWNER'S ASSOCIATION IN
EXCHANGE FOR UTILITY EASEMENTS TO PROVIDE WATER
AND SEWER TO THE ALZHEIMER'S CARING CENTER.
WHEREAS, the City of Delray Beach, Florida, previously
accepted and recorded the utility easement attached hereto as
Exhibit "A"; and
WHEREAS, since the date of recording the easement, the
construction of the Alzheimer's Caring Center and associated
utilities was completed; and
WHEREAS, during the construction, the water and sewer
lines were placed outside of the easement described in Exhibit "A";
and
WHEREAS, in order to correct the error, the Rainberry
Lakes Homeowner's Association and the Alzheimer's Community Care
Association of Palm Beach and Martin Counties, Inc. have provided
the City with replacement easements attached hereto as Exhibit "B";
and
WHEREAS, in exchange for the easements described in
Exhibit "B", the City will return the property interest described in
Exhibit "A" by executing a quit claim deed, attached hereto as
Exhibit "C"; and
WHEREAS, it is in the best interest of the City of Delray
Beach, Florida, to exchange said property for the purpose described
above.
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 in conjunction with the Rainberry Lakes Homeowner's
Association and the Alzheimer's Community Care Association of Palm
Beach and Martin Counties, Inc., hereby agree to exchange interests
in property; said parcels being more particularly described in
Exhibits "B" and "C" attached hereto.
Section 2. That the costs of advertising shall be borne
by the Rai~erry Lakes Homeo~er's Association.
PASSED ~ ~OPTED in regular session on this the 21st day
of October, 1997.
ATTEST:
City- COrk
- 2 - Res. No. 79-97
Davi~
Tolees, 1:~. /
lq.
C:~ff Attorney's Offie~
200 N.W. 1st Avenue
Delray Beach, Florida 33444
II·lIlllII·lIIllIIlIlI
State of Florida, party of thc ~cond part: ' '
V~qTNESSETH: ~at ~c p~y of ~e ~t ~ for ~d in consid~on of ~e s~ of
Ten ($I0.00) Dol~ ~d o~er go~ ~d viable comider~o~ W it hs ~d ~d by ~ ~id
p~y of ~e ~nd p~ ~e ~ip$ of w~ ~ h~by a~owl~gcd, does ~by
~gai~ sell ~d rel~ ~to ~e p~ of ~e ~ond pm, i~ ~cce~o~ ~ ~si~, a fi~ht of
way ~d p~cm~ ~ent for ~e p~ose off ~la~on ~d m~m~mce of pubic
~ f~l ~d fl~ figh~ li~, ~d authod~ ~ ent~ u~n ~d to ~1. o~mte, ~d ma~in
~h ut~ges well un.r, ~wss. ~ugh ~d ~ over, ~der or ~ Ihe follow~g dcs~bed
pro~y located ~ P~m Be~ Co--W. Flod~
See E~bk "A" ~hed hereto
Concomi~t ~d coexte~ive wi~ dfis ~ght is ~ ~er right in the p~y of ~c second
p~, i~ successors ~d ~sig~, of ~ss ~d e~ess over ~ on that ~aion of l~d descend
above, w effect ~e p~ses of ~e e~r, ~ ~p~d herei~er.
~t ~s c~m~l s~l ~ subject o~y ~ ~o~ c~mcn~, resection, ~d
of ~co~. T~t ~e p~ of ~c ~t ~ ~s ~o pro.de for ~ rele~ of ~y
mo~g~es or lic~ enc~g ~s ~em~t ~e p~ of ~e f~st ~ ~ ~es w erect no
build~ or eff~t ~y o~cr ~d of colorlon or ~provemen~ u~m ~e above~fi~d
pwpcny.
I~ is ~d~tood ~ ~n comple~on of ~h ~mHafio~ ~1 l~s ~ ~e~by ~ a
~t of s~h ~latiou or spoil~e dc~i~d &~eo~ ~l ~ re~ored to i~ ofi~ con. don
P~ of ~e f~t p~ does hereby ~y ~t ~e gfle W ~d ~nd ~d will defe~
~c ag~t ~e la~ cl~ ofall ~r~ whomever d~ by, ~,~ or ~der
~ good gght ~ la~ au~ofity ~o ~t ~e a~v~bed ~ement ~d ~t
~nc~ed. ~ere ~e con~ of tiffs ~1 D~ ~o~ or pc~i~, ~e ~e .hsll
~clMe ~e succes~rs or ~signs of ~e p~i~.
EXHIBIT
(
· . I~ WI~S WH~I~OF. thc parties to ~ Ea~cmcnt Deed set ~i~ir hands amd sea~s the
day ~d year first ~x~ve written. ·
ORB c~5~3~ P~ 1 ~2~
~qTNBSS
#1:
PARTY OF THE FI~S'I' PART:
(na,-nc printed or ~yped) (name p~med or typed)
/
.. ~.. ,.. ,~.~" ~.
'
. ~...~, ...~ ~
~SS ~: - ' ~ '" ~ .... ,"-'
?,.,' . ~ ~o~ ..-s
(name prh~tcd or typed) (n~e primed or t~ped)
WITNESS #2:
(address)
(name printed or Wped)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing insm,tment was aclmowledged before m~g. Ihia_,Y~y of ~.O.,., ,
199/-, by ~a,?~,,. "b. ~,~/,/.o~ , who is ~onally kno~j)o mc/or has p~oduced
, (type of identification) m identification.
STATE OF FLORIDA
COUNI¥ OF PAI~ BEAC.~-I
Th, for¢8oi~ immamcnt w~ ~dmowl~l~l befor~ mc thi~ d~qt of ,
1~9~, by' , who i~ l~r~omll¥ known Io re,flor 1~ produced
(Brl~ of id~ntifie~ion) ~ identification.
Signature of Nom'y Public-State of Florida
"~ . ORB
DOROTHY H, WILKEN, CLERK PB COUNTY, Fl
,# T~S IS NOT A SURVEY
~ - THE EAST L~E OF ~ERRY LAKE PHASE 2
~ PL~ T BOOK 37, PA~ES ~ ANO ~5 IS 4SSU~D
~ TO BEAR S. 18'39'42'~.
EXHIBIT A .~,
SttEET I OF 1
x ~ ~/ OF RAINBERRY LAKE
JL PAGES 94 A~ 95
.
SEC~ 7. TOWNS~ 46 SOU~ RANGE 4JEASL
PALM BEACH CO~TY, ~ORDA, DESCRIBED AS .:."L.
F~LOW&
C~ AT T~ NOR~EAST CO~ER ~ ;., ....... '..~.':
RA~RRY LAKE PHASE Z AS RECORD~ ~ ~AT
B~ 3~ PAGES 94 A~ 95 ~ T~ P~UC ~CO~S ~ -' -..,'....=~ ',
~ PALM ~ACH CO~TY, ~O~A; T~NCE S. 18'39'42'W. '..
A[~ ~ EAST L~ OF S~ ~AT ~ RA~ERRY
~ ~A~ 2, 324.~4 FEET TO r~ P~NT OF ~=~. ,,: <,~
8E~; T~NCE N.38'OS'50'W., ~8.40 FEET TO A
PON~ ON a L~ 6 FEET N~ a~ I0 FEET WEST
~ T~ ~SECTION ~ T~ C~TERL~S OF
~rH Sr~r Am ~E~R~ LAKE DRIP, AS SHOWN '. ' .
ON ~ ~AT OF RAI~ERRY LAKE PHASE 2; T~NCE
S.51~54'~'W. 24.00 FEET; T~NCE S38'05'50'E., 124.1~
FEET ~0 A PO~T ON T~ EAST L~ ~, SA~ ~a T OF
RA~NRY LAKE PHASE 2; r~NCE N.m ~9'42"E. ~u~ ~ ' ' /:'
AL~ SA~ EAST L~, 28.70 FEET TO T~ PO~n,~ m. SUITER o~rz: u~c, ==..~
.............. ' · ..... 2~oI ~RTH ~[~AL I~HWAY
(~07) 27~-450~ (~OZ) 732 .J279
96--
Prepared by: RETURN:
David N. Tolees, Esq.
City Attorney's Office
200 N.W. I st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this 15~ day of ..3't~{~ , 1997, by and between
RAINBERRY LAKES HOMEOWNER'S ASSOCIATION, INC., with a mailing address of
1240 S. Federal Highway, Boynton Beach, FL 33435, Attn. Florida Professional Business
Systems, 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 sum of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the receipt of which is hereby acknowledged, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of: installation and maintenance of public utilities
with full and bee right, liberty, and authority to enter upon and to install, operate, and maintain
such utilities well under, across, through and upon, over, under or within the following described
property located in Palm Beach County, Florida, to-wit:
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 improvements upon the above-described
property.
It is understood that upon completion of such installation, all lands disturbed thereby as a
result of such installation or spoilage deposited thereon, will be restored to its original condition
or better without expense to the property owner.
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.
EXHIBIT "B"
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals
the day and year first above written.
WI~: /~ ~.V'~'~/(~ PARTY OF THE FIRST PART
[~S"~,~/~d~"/,c~r~ By.~g~ ~7~. ~' /
(name printed or typed) ~/~ ) ' ' ~'
Print~/~: /(-~/~',~'~AJ /~.
WITNESS #2:
(name l~rinted or type/d)
STATE OF FLORIDA
cO ,NT¥ OF e0_9
The foregoing instrument was acknowledged before me this ~(~ day of
~ ~ 1997 by /~~ ~ (name of officer or agent, title of
officer or agent) of t~ ~. P~O/~' (name of corporation acknowledging), a
(state or place of 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) lake an oath.
Signature of Notary Public - State
of Florida
A parcel of land Dying in Tract "A" of Rainberry Lake Phase 2, according to the plat thereof a,
recorded in Plat Book 37 at Pages 94-95 of the public records of Palm Beach Cou.ty, Florida, said
parcel being more fully described as follmvs:
Comntt'ttce at die NorLheast cortier of seClion 7, Tmvtlshil~ 46 South, l~.ge 43 East; thee,ce ru.
89 54'30" W, mt assumed bearing, along the Northerly boundary of said Set'tim, 7, 60.00 feet to a
poi,at of imer~ection with the westerly rigl,t-of-way [i.e of Congress Ave. ue; Ih.nc. rust S 00
23'20" E, 1,222.27 feet along said Westerly line to n polut of ~:rve said c. rve being concave to time
West a.d havi.g a radins of 3759.80. feet; theuce run Southwesterly alo. g said c~,rve, dtru as, a.gle
of 19 0Y45", an arc distance of 1,25~.~0 feet to the end of said c~,rve; thence continue alo.g the
aforesaid Westerly right-of-way line $18 40'25' %V, 720.39 feet to a poi.t; them,ce leaving said
West li.e runN 90 00'00" W, 373.61 feet to the Northeast cartier of the afar.re.taloned Tract
thee,ce ru. S 18 40' 25" W, alm,$ the Easterly bommdary of Tra~t "A", 305.01 feet to a Poi.t of
Beg, truing of the herei,m described parcel; th,ucc continue alo.g the previous course, 28.08 feet to a
pohu; thence I~ving said East line rust N 51 38'35" W, 72.60 feet to a point in the Southeasterly
right-of-way line o1' Rainherry Lake Drive said point lying it, a curve concave to the.Nofthwt~t and
hay,ns a radius of 630 feet; theqce from a tans.hr bearing N 45 41'31" E, n,n Northerly alo. g said
curve tlaru an a,q~le o{ 02 41'05; an arc-distance o! 29.52 [~et to;a pohtt dtence run across Tract
'A", $ 48 $1'27" E, 60.13 feet to a point in d,e Easterly boundary 9[ Tract *A' and the Poiut of
~- 3759. Bo'
~ / ~ 40 ~. ~ {<xz
Eh§incurs a~xd Lcmd Su~voyurs .
'° ~ 22 S[ 4[h Street. Uoco Rotan. FL '.35452. Pho~e (407)
AiaZHEiMER CA
· PREPARED BY: RING
Lands shown hereon were not at'st,,: ted for title. .,/GG,'~;
Prepared by: RETURN:
David N. Tolces, Esq.
City Attorney's Office
200 N.W. Ist Avenue
Defray Beach, Florida 33444
EASEMENT DEED
A' . . TI,lIS _INDENT.URE.~ made. this ..~O ~.day of f_~_~'[_ , 1997. bv and between
xznexmer s communxty ,c~ffa~a~ff~d}~s~o~f~T~1-]~h an/] ~artin
C~,,~4~=: Tn~. , ~uut R~O ~_ ~.~r~ee ~_~9~:n~ray Beach
pa~y of ~e first p~, ~d thc CITY OF DEL~Y BEACH, wi~ a mailin8 ad.ess of 100FL 33445
N.W. 1st Avenue, Defray Beach, Florida 33444, a m~cipal.co~ration in P~m Beach Cowry,
State of Florida, p~y of ~e second pa~:
WITNESSETH: That the p~y of the first p~, for ~d in consideration of the s~ of
Ten ($10.00) Doll.s ~d other good ~d v~uable ~nsideratio~ to it in h~d p~d by ~e said
p~y of the second p~, ~e receipt of which is be~by ac~owledged, does he.by gr~t.
b~gain, sell ~d rele~e unto the p~y of the second p~, its succes~rs ~d .signs, a right of
way ~d ~ct~l easement for ~e pu~ose of: ins~llation ~d mainten~ce of public utilities
with full ~d free right, libe~y, ~d authority to enter upon ~d to install, o~rate, ~d maintain
such utilities well ~dcr, across, ~ough ~d u~n, over, ~der or wi~in ~e following described
prope~y located in P~m Beach County, Florid~ to-wit:
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 eft~ct any other kind of construction or improvements upon the above-described
property.
It is understood that upon completion of such installation, all lands disturbed thereby as a
result of such installation or spoilage deposited thereon, will be restored to its original condition
or better without expense to the property owner.
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 gl: PARTY OF THE FIRST PART
(name printed or typed) ~lam~:-~ .. Lv M.
WITNESS #2:
(name printed or typed)
STATE OF FLORIDA
COUNTY OF Palra Beach
The foregoing instrument was acknowledged before me this3Ot:h day of
Dr.H
June 1997 by_ Mary M. Barnes, Exec. ~am¢ Of officer or agent, title of
' Alzhelmer's community care Association of Palm Beach and
officer or agent) of Martin Counties, Inc. (name of corporation acknowledging), a
Florida (state O/x~%~Rx~x~k~~ corporation, o11 behalf of thc
corporation, au~/She is personally known to me~k~:~xxxxxxxxxxxxxxxxxxxx
(type of identification) as identification and did:/N~xq~2 take/sin oath. ~
./~n~ture of J~tary_ Public - Stat~ of Florida
~'~ OFFIC2AL NOTARY SEAL
EASM~T. DED J I~LANCA C DOMINcgEz
/NOTARY PUBLIC brA'rE 0}: FLORIDA
A::~: ~7~'~. OD'
/
~90 ~00'00'' ~
,
Po, o/of ,'
~9'~'~xl~ /
PREI)ARED BY: ~ AI,ZHEiM ER CA RING
~ ~~ ~, -_~ C~.R '
'""" ~- St:Al I::
Wahcr A. Com.dl, P~ 1757
Ionds shown hereon were nn~ ob~lto,:t,,,l for tltlo .13~ t,r: ..
Prepared by: RETURN:
David N. Tolces, Esq.
City Attorney's Office
200 N.W. ist Avenue
Delray Beach, Florida 33444
EASEMENT DEED
TH,IS INDENTURE, made this ..~r-P/nday of ,.7;./,vff' , 1997, by and between
Alzheimer s Community ~,~K~a~---t---~l~t~.r~of Palm Beach and Martin
................. ~ ,,~,.,=,.,~ ,,-,- · ~ ~, ~elray
party of the first part, and the CITY OF DELRAY BEAC~I, wl~ a mailing ac~dress ~ I00 Beach, FL
N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, 33445
State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the sum of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the receipt of which is hereby acknowledged, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of: installation and maintenance of public utilities
with full and free right, liberty, and authority to enter upon and to install, operate, and maintain
such utilities well under, across, through and upon, over, under or within the following described
property located in Palm Beach County, Florida, to-wit:
See Exhibit
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 thc first part also agrees to erect no
building or effect any other kind of construction or improvements upon the above-described
property.
It is understood that upon completion of such installation, all lands disturbed thereby as a
result of such installation or spoilage deposited thereon, will be restored to its original condition
or better without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of ail 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
WI~ESS ~2:
(n~e printed or typed)
STATE OF FLO~DA
COUNTY OF
The foregoing imtmment was acknowledged ~fore me ~is 30eh day of
dune .1997 by ~ary ~. Barn~, Exec. ~ame of officer or agent, title of
~lzheimer'~ Co~munity Care ~ssociaelon of Palm B~ac~
officer or agent) of and ~arein Couneies~ I~ame of co.ration ac~owledging), a
Florida (sla~e ~x~x~~) co~oration, on ~half of ~e
co~orafion. ~She is personally known to me~~xxxxxxxxxxxxxxxxxxxxx
~ of Florida
~ARY PUBI.IC bTATE OF H.O~IDA[
EASMEN'r. DED
· A slrip of la,id beilIB 12 loot i. width lyi.8 il, Iht $otllJlrasl L),lr~Qllarler o1' Sc~'lJOl! 7, Tuw,ldiip
46 Somii, R'-,,IB¢ 43 l".asl, bt'inl4 ill Iht City of l)clray Be.ich, Pahil Beach County, Florida die
('emrrli.e of said ~trit) bei,lg ,,lore fidly described :l~ follows:
Co,.mence '..! lite NUrlhrasl corner of said Secliull .'7;. Ihrllc¢ rml N 89 54'30" git, mi -ssumed
i)r.srhl$, alu, lB thr Nordlrrly bui,ml.lry uf said Secliull 7, 60.00 I'rrL ~o a poinl ill die We~,terly
riRht-of-way line u[ CunBrrss Avrmlr (Slatr Road 807); dlellcc r.tl S O0 23'20" E, alu.R said
Wrslerly Ii.e, 1,227.27 I'rr~ lua i)oitll of curve h) ~1~ ligl,I, ~ahl curve havin# a radi.s of 3759.80
fret; thiner ru. alu.g said c. rve, titru an a.gle of 19 0¥4~", an arc distance of i,250.~ feel to the
~'J,d uf salid cufv~; IIIcllce run S 18 40'25" W, 720. S') itel to a i~oinl; Ihrnce leaving the
Westrrly li,r ton N 90 O()'O0" W, ]7].61 feel Ii) a poi.t; Ihrnce rim S 18 40'2S"
I I.~7 lerl lo a I)Uinl hrreiml[IrC call~(I I)uinl "A"; Ih(-ucr rml N 19 I r4s" E, 58.38 leel lo a point;
Also [iOlli die aforesaid I)oitll "R" rim S 19 I 1'4~" ~%/, along Ihe ccnterline of a~12 ~ool wide
Iht rml ol Iht drwliL)rd cr,lerliflr
~ i'.gifmoru ur.I lurid
O/~o :*:' :,t 4th Slreol. Uuco I(ot¢, II .134.52, I'h~,o (4OI)
I)ltEI)ARI.:D BY: -~ This is'not a Survcy
kLZHEIMER CARING
CEdi'ER
Prepared by: RETURN:
David N. Tolces, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
OUIT-CLAIM DEED
THIS QUIT-CLAIM DEED, executed this __ day of July, 1997 by CITY OF DELRAY BEACH, and
having its principal place of business at 100 N.W. 1st Avenue, Delray Beach, Florida 33444, First Party, to:
RAINBERRY LAKES HOMEOWNERS ASSOCIATION, INC., whose mailing address is 2100 Rainberry Lake
Drive, Delray Beach, Florida 33445, Second Party:
(Whenever used herein ~,e term 'First Party' and "Second Party' inelnde singn~lar and plural, heirs, legal teprnsentatives, and assigns of individuals, and the
~ccessors and assig~ of corporation, whenever the context so admits ot requires.)
WITNESSETH, That the said First Party, for and in consideration of the sum of Ten ($10.00) Dollars in hand
paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-
claim unto the said Second Party forever, all the right, title, interest, claim and demand which the said First Party has
in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Palm Beach,
State of Florida, to-wit:
See Exhibit WA" attached hereto.
TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto belonging or
anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said First party,
either in law or equity, to the only proper use, benefit and behoof of the said Second Party forever.
IN WITNESS WItEREOF the said First Party has caused these presents to be executed in its name, and its
corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the day and year first above
written.
WITNESS #1: PARTY OF THE FIRST PART
CITY OF DELRAY BEACH, FLORIDA
By:.
(name printed or typed) Jay Alperin, D.D.S., Mayor
WITNESS #2: ATTEST:
By:.
(name printed or typed) Alison MacGregor Harty, City Clerk
Approved as to Form:
STATE OF FLORIDA David N. Tolces, Assistant City Attorney
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of July, 1997, by
who is personally known to me/or has produced (type of
identification) as identification and who did (did not) take an oath.
Signature of Notary Public-State of Florida
quitdeed.agt
EXHIB:I:T "C"
NO TE S:
TF#S IS NO TA SURVEY /
T~H~E~ ga_ST LINE OF RAINBERRY LAKE PHASE 2
~&AT BOOK ~Z. PAe~S
~0 BEAR S.~'3~'~2"W.
EXHIBIT A
SttEET I OF 1
'% ·
OF RAI~ERRY LAKE
THAT PART OF ~ EAST O~ HA~
SECrI~ 7, TOWNS~ 46 SOU~, RANGE 4JEAST,
PALM 8EACH COUNTY, ~OR~A, ~SCR~ED AS
FOLLOWS: ~ OF
COMMENCE AT T~ NORT~AST CORER
RA~ERRY LAKE PHASE Z AS ~C~O~
BOOK 37, PAGES ~4 A~ 95 OF ~ P~LIC RECORDS
OF PALM BEACH CO~TY, FLOR~A: ~NCE S. I8'39'42'W.
ALONG T~ EAST L~ OF SA~ ~AT OF RA~ERRY
LAKE PHASE 2, 324.44 FEET TO ~ P~T OF
BERG; T~NCE N.38*OS'50'W., ~8.40 FEET TO A
PO~T ON A L~E 6 FEET NOR~ A~ ~ FEET WES~
OF r~ IN~RSECTION OF ~ C~TERL~S OF N.W.
9~H STREET A~ RA~BERRY LAKE D~VE, AS SHOWN
ON SA~ PLA T OF RAI~ERRY LAKE P~SE 2; T~NCE
S.51'54'10"W. 24.00 FEET; T~CE S38'05'50'E., 124. I3
FEET TO A P~T ON THE ~AST L~ OF
RA~ERRY LAKE PHASE 2; T~NCE N.~'39'42~. ~HN
ALONG SA~ EAST L~. 28.70 FEET TO T~ PO~ N. SUITER
OK 8EG~MNG. P~FES~ ,SURVEYOR AND MAP [ O'8R~N. S~I*[R e O'8R~N. ~C
2601 NORTH FE~RAL I#GHWA Y
CONTA~NG Z7gO SQUARE ~ET (0.064I ACRE,). FLOra CERTIF~ATE ~. 1314 OELRAY 8EACIf FLOE~A 33483
(407) 27~-450l (407) 732-.J27g
96- 63
[IT¥ JIF I]ELRI:I¥ BEIICH
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ali.America City MEMORANDUM
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Alzheimer's Caring Center - Utility Easemellts
In October, 1996, the City Commission accepted an easement from the Rainberry Lakes
Homeowner's Association for utilities associated with the Alzheimer's Caring Center.
Since the date of acceptance, the utilities were installed; however, the water and sewer
lines were not installed completely within the previously granted easement. Therefore,
the homeowner's association and the Alzheimer's Caring Center granted the City the
attached replacement easements.
In exchange for these three easements, the City should quit-claim the original easement
back to the Rainberry Lakes Homeowner's Association. The Commission should
approve the resolution which authorizes the exchange of the Quit Claim Deed for the
three utility easements, one easement from the Rainberry Lakes Homeowner's
Association and two easements from the Alzheimer's Community Care Association of
Palm Beach and Martin Counties. Please call if you have any questions.
DNT:smk
cc: David T. Harden, City Manager
Sharon Morgan, City Clerk's Office
rainber.dnt
Pr/nt*.~d o,'~ Recycled Paper
' ~,~B Boca Raton News. Monday October 20, 1997
NOTICE tS HEREBY GWEN that the
, City of Delray Beach, Florida,
Boca Ratofl News, Wednesclay October 15, 1997 ~11'~
MOTICE l$ HERESY GIVEN ~ ~
Palm ~h ~, F~, ~
~ ~ ~ 37, P~ 94 a~ ~ ~ t~
F~, ~ S 1~ ~ ~ W, ~
~ ~ )o~t~-
~ Mid ~M ~ Roi~ ~ke
Mi~ ~ ~ ~ li~ ff ~ plot
~ ~ ~ ~ Mid ~ li~, ~.~
~ll ~ O ~ i~iz-
~mi~ ~i~ ~ ~ 21,
~m~, C~ Haft.
NOTICE OF INTENT TO EXCHANGE REAL PROPERTY
NOTICE IS HEREBY GIVEN that the City of Delray Beach, Florida, announces its
intention to transfer the following real property:
That part of the East one half (E 1/2) of Section 7, Township 46
South, Range 43 East, Palm Beach County, Florida, described as
follows:
Commence at the northeast comer of Rainberry Lake Phase 2, as
recorded in Plat Book 37, Pages 94 and 95 of the Public Records of
Palm Beach County, Florida; thence S. 18°39'42"W. along the east
line of said plat of Rainberry Lake Phase 2, 324.44 feet to the point
of beginning; thence N.38°05'50"W., 108.40 feet to a point on a
line 6 feet north and 10 feet west of the intersection of the
centerlines of N.W. 9th Street and Rainberry Lake Drive, as shown
on said plat of Rainberry Lake Phase 2; thence S.51°54'10"W.
24.00 feet; thence S38°05'50"E., 124.13 feet to a point on the east
line of said plat of Rainberry Lake Phase 2; thence N. 18°39'42"E.
along said east line, 28.70 feet to the point of beginning.
The transfer of the property is to be accomplished through the execution of a Quit Claim Deed
in favor of the Rainberry Lakes Homeowner's Association.. Further information, as available,
may be obtained from the City Manager's Office. The City Commission of the City of Delray
Beach, Florida, shall consider a resolution authorizing the exchange at their regular City
Commission meeting of October 21, 1997 at 6:00 p.m. in the City Commission Chambers, City
Hall.
Publish: The News
October 15, 1997
October 20, 1997
I oJ t3l
0CT-13-1997 16:O0
P.O1
possible aha ask for i~ivldual (sen~e:) note~ above.
....................................................- - ---- ---"-
~le~a~ ;e:uTn ~ & co~y O~ thi~ cover sheet with the above
a-r.--.+~.- C~%ed t~ Fax ~0. 243-377~ Thank ~ou ~Or your
TOTRL F'. O1
10/13/97 MON 16:01 FA/ 561 243 3774 CITY CLERK ~001
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tl)0 N.W. l~t AVENUE DELRAY BEACH. FLOR'DA 334,a4 aO~ '2a3.?0OD
CZTY ,CLEP~K ' S OFF/CE
TO: NAMe: NANCY SMITR/LEGAL CLASSIFIED SECTION 338-4849
COMPANY: THE BOCA RATON NEWS SPEED DIAL:
CITY: BOCA RATON, FL
FROM: CITY OF DELRAY B]~ACHICITY CLERK'S OFFICE
NAM~ OF SENDER: SUSAN L. ~O~Y
TOT~ N~ZR OF ~AGZ$: ~' (lncludin~ cover sheet)
P~ONE N~BER: 561-243-7052
If you do not receive ell the pages, please call as soon as
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