Res 12-95 Rejected REJECTED - 3/14/95
RESOLUTION NO. 12- 9 5
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA,, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY,. FLORIDA, AS DESCRIBED HEREIN;
AUTHORIZING THE CITY TO TRANSFER TO A DESIGNEE THE
SAME REAL PROPERTY, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACTS AND AGREEMENTS STATING THE
TERMS AND CONDITIONS FOR THE ACQUISITION AND
TRANSFER BETWEEN THE SELLER, THE DESIGNEE, AND THE
CITY OF DELRAY BEACH, FLORIDA, AND ADOPTING THE
SETTLEMENT AS CONTAINED IN THE AGREEMENTS ATTACHED
HERETO.
WHEREAS, the City of Delray Beach, Florida, is presently involved in an inverse
condemnation lawsuit brought by Stanley Tate, as Trustee, ("TATE") concerning property north of
Atlantic Avenue and west of the Lake Worth Drainage District's E-4 canal; and
WHEREAS, in an effort to settle the lawsuit, the City of Delray Beach desires to enter
into purchase contracts with Temple Sinai and Tate for the acquisition of property hereinafter described
and immediately a designate, Financial Florida Developers, Inc. as the buyer; and
WHEREAS, the City of Delray Beach, Florida has previously entered into a reservation
agreement with Temple Sinai, Inc. for the acquisition of property for road right-of-way purposes, and at
this time the City of Delray Beach desires to exercise its option to purchase the road right-of-way and
immediately transfer to its designee; .and
WHEREAS, further the City desires to release and/or quitclaim any interest it may have
in the Davis Road right-of-way south of Owens Baker Road, north of the L-33 Canal and west of the E4
Canal, as well as any interest the City may have in the Lake Worth Drainage District's E4 Canal
easement south of the L-33 Canal, north of Atlantic Avenue, and east of the fifteen foot alley as
indicated on the plat of replat of part, Breezy Ridge Estates, as recorded in Plat Book 24, Page 116 of
the Public Records of Palm Beach County, Florida; and
WHEREAS, Financial Florida Developers, Inc. desires to accept the release or quitclaim
of the City's interest in Davis Road south of Owens Baker Road, north of the L-33 Canal and west of the
E-4 Canal to accept designation as outlined in the agreements; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
REJECTED - 3/14/95
REJECTED - 3/14/95
~. That the City Commission of the City of Delray Beach, Florida, as Buyer,
hereby agrees to purchase from Temple Sinai, Inc. and Stanley Tare, as Trustee, as Sellers, land, for
right-of-way purposes, and for the settlement of a lawsuit, and for good and valuable consideration, as
more clearly set forth in the documents attached hereto as composite Exhibit "B"; said parcel being more
particularly described as follows:
See Exhibit "A' attached hereto
~. That the City Commission of the City of Delray Beach, Florida, as assignor,
hereby agrees to designate to Financial Florida Developers, Inc., the purchase and sale contracts with
Temple Sinai, Inc. and Stanley Tate, as Trustee, for the above described property pursuant to the
assignment agreement attached hereto for other good and valuable consideration as set forth in composite
Exhibit "B' hereto.
~. That the City Commission of the City of Delray Beach, Florida, hereby agrees
to release and/or quitclaim any interest it may have acquired in the Davis Road right-of-way south of
Owens Baker Road, north of the L-33 Canal, and west of the E4 Canal, as well as any interest the City
may have in the Lake Worth Drainage District's E4 Canal easement south of the L-33 Canal, north of
Atlantic AVenue, and east of the fifteen foot alley as indicated on the' plat of replat of part, Breezy Ridge
EStates as recorded in Plat Book 24, Page 116 of the Public ReCords of Palm Beach County, Florida, to
Financial Florida Developers, Inc.
~. That the costs of closing and transactions, title insurance, document
preparation and attorney's fees shall be as set forth in the Contracts and agreements for sale and purchase
attached as composite Exhibit "B" hereto.
Section ~. 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 Sellers and all other
designations, agreements, stipulations and other documents attached hereto as composite Exhibit "B' are
incorporated herein.
PASSED AND ADOPTED in regular session on the __ day of ,
1995.
ATTEST: M A Y O R
City Clerk
tats.oral
REJECTED - 3/14/95 RES. NO. 12-95
REJECTED - 3/14/95
EXHIBIT "A'
A PORTION OF PLAT OF TEMPLE SINAI of Pall Beach County as recorded in Plat Book 46, Page
53, being more particularly described as follows:
BEGINNING at the SW comer of said plat thence N.83°59'0"E. a distance of 30 feet, then
N.6°01'00'W. a distance of 163.37 feet, thence N.0°12'30"E. a distance of 187.2 feet, thence W a
distance of .96 feet, thence N a distance of 690.93 feet, thence N.89°12'30"W., a distance of 72.01
feet, thence S a distance of 691.92 feet, thence E a distance of 42.96 feet, thence S.0°12'30'W. a
distance of 188.72 feet, thence S.6°01'00'E. a distance of 165.00 feet to the point of beginning.
and
All of that portion of the following three (3) tracts being in Section 18, Township 46 South, Range 43
East, and lying west of E4 Canal, Pall Beach County, Florida.
1. The S. 1/2 of the N.W. 1/4 of the S.W. 1/4 of the N.E. 1/4.
2. The N. 1/2 of the S.W. 1/4 of the S.W. 1/4 of the N.E. 1/4.
3. The S. 1/2 of the S.W. 1/4 of the S.W. 1/4 of the N.E. 1/4.
ALso the S. 3/4 of the E. 1/2 of the S.E. 1/4 of the N.W. 1/4 of said Section 18.
Sometimes referred to as Tracts 24, 25 & 26, MODEL LAND COMPANY SUBDMSION Section
18/46/43 (Plat Book 6, Page 51).
LESS THE FOLLOWING:
The North 100.00 feet of that part of the South half (S 1/2) of the Northwest quarter (NW 1/4) of the
Southwest quarter (Sw 1/4) of the Northeast quarter (NE 1/4) of Section 18, Township 46 South, Range
43 East, lying west of the westerly right of way line of Davis Road, together with the North 100.00 feet
of the South three quarters (S 3/4) of the East half (E I/2) of the Southeast quarter (SE 1/4) of the
Northwest quarter (NW 1/4) of said Section 18, less the West 30.0 feet thereof, all lying in Delray
Beach, Pall Beach County, Florida.
ALSO LESS:
The West 30.0 feet of the South three-quarters (S 3/4) of the East half (E 1/2) of the Southeast quarter
(SE 1/4) of the Northwest quarter (NW 1/4) of Section 18, Township 46 South, Range 43 East, Delray
Beach, Palm Beach County, Florida, less the South 70.0 feet thereof.
REJECTED 3/14/95 RES. NO. 12-95
REJECTED - 3/14/95
ALSO LESS:
The South 100 feet of the North 200 feet of the South three quarters (S 3/4) of the East half (E 1/2) of
the Southeast quarter (SE 1/4) of the Northwest quarter (NW 1/4) of said Section 18, less the West 30
feet thereof; together with the South 100 feet of the North 200 feet of that part of the South three-
quarters (S 3/4) of the West half (W 1/2) of the SOuthwest quarter (SW 1/4) of the Northeast quarter
(NE 1/4) of said Section 18, lying west of Lake Worth Drainage District's Canal E-4.
and
Any road fight-of-way that the City of Delray Beach may have title to or some ownership interest in
along Davis Road south of Owens Baker Road west of or within the Lake Worth Drainage District
easement for the E-4 Canal, and north of the L-33 Canal.
and
That part of Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida, described as
follows:
Commence at the Southeast comer of Lot 1, Block 1, Sudan Unit A, as recorded in Plat Book 28, Page
144 of the Public Records of Palm Beach County, Florida; thence S.89°44'58'E., along the easterly
extension of the south line of said Lot 1, 47.52 feet to the point of beginning; thence S. 11 °58'04'W.,
1400.06 feet to the Northeast comer of the plat of replat of part, BREEZY RIDGE ESTATES, as
recorded in Plat Book 24, Page 116 of the Public Records of Palm Beach County, Florida (said
Northeast comer being 20.00 feet north of the north line of Lot 10, replat of part Breezy Ridge Estates
and 15.00 feet east of the east line of Lot 11, rePlat of part, Breezy Ridge Estates); thence
S.8°28'41"W., along the east line of said plat and along the east line of the 15 foot alley as shown on
said plat of replat of part, Breezy Ridge Estates, 688.40 feet, thence S.0°59'19'E, along the east line of
said plat and along the east line of said alleL 199.58 feet to the north fight of way line of State Road
806 as shown in Road Plat Book 3, Page 28 of the Public Records of Palm Beach County, Florida,
thence N.71°37'41"E., along said north fight of way line, 25.15 feet to a line 24.00 feet east of and
parallel with the said east line of the plat replat of part, Breezy Ridge Estates; thence N.0°59'19"W,
along said parallel line, 190.08 feet; thence N.8°28'41"E., along a line 24.00 feet east of and parallel
with the said east line of the plat of replat of part, Breezy Ridge Estates, 685.68 feet; thence
N. 11 °58'04'E., 1404.31 feet to the intersection with the easterly extension of the south line of said Lot
1, Block 1, Sudan Unit A; thence N.89°44'58"W., along said extension, 24.51 feet to the said point of
beginning.
REJECTED - 3/14/95 RES. NO. 12-95
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM ~ ~-~ - SPECIAL MEETING OF MARCH 14. 1995
RESOLUTION NO. 12-95
DATE: MARCH 10, 1995
Resolution No. 12-95 authorizes the City to purchase certain
property from Temple Sinai and Stanley Tate, with further
authorization to immediately transfer the property to a specified
designee. The resolution also accepts the contracts and agreements
stating the terms and conditions for the acquisition and transfer,
and adopts a settlement agreement.
The required advertising for these property transactions has been
done. On February 28, 1995, the Commission continued this item to
a special meeting on March 14, 1995, in anticipation of the matter
being finalized. However, it is expected that the City Attorney
will request an additional continuance to a future date certain.
ref:agmemo4
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: A~NDA ITEM ~ ~ ~ - MEETING OF FEBRUARY 2~. 1995
RESOLUTION NO, 12-95
DATE: FEBRUARY 24, 1995
Resolution No. 12-95 authorizes the City to purchase certain
property from Temple Sinai and Stanley Tate, with further
authorization to immediately transfer the property to a designee.
The resolution also accepts the contracts and agreements stating
the terms and conditions for the acquisition and transfer, and
adopts a settlement agreement.
The required advertising for these property transactions has been
done. However, it is anticipated the City Attorney will request at
the special meeting that this item be continued to a date certain.
ref:agmemo4