Res 72-95 RESOLUTION NO. 72-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING PURSUANT TO
SECTION 36.35(B) OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, THE EXCHANGE OF
CERTAIN REAL PROPERTY OWNED BY THE CITY OF DELRAY
BEACH AND EBENEZER WESLEYAN METHODIST CHURCH,
GENERALLY LOCATED AT THE INTERSECTION OF S.W. 6TH
AVENUE AND S.W. 2ND STREET; PROVIDING FOR THE TERMS
AND CONDITIONS OF SUCH EXCHANGE.
WHEREAS, the City of Delray Beach is the owner of property more particularly
described as follows:
The South 135.00 feet of Block 14, less the East 145.60 feet thereof and
less the West 135.0 feet thereof, according to the plat of the Map of
Linton (now Delray Beach), as recorded in Plat Book 1, Page 3 of the
Public Records of Palm Beach County, Florida.
WHEREAS, Ebenezer Wesleyan Methodist Church is the owner of certain real property
more particularly described as follows:
The North 50 feet of the East 50 feet oft the West 135 feet of the South
135 feet of Block 14, Town of Delray, according to the plat thereof
recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach
County, Florida.
WHEREAS, the City Commission of the City of Delray Beach has determined that it
would be in the best interest of the City to exchange the above-referenced real property owned by the
City with the above-referenced real property owned by Ebenezer Wesleyan Methodist Church pursuant
to the terms and conditions contained in the contract attached hereto as Exhibit "A" and incorporated
herein by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~. That the City Commission of the City of Delray Beach, Florida, does hereby
authorize the Mayor to execute a standard form general warranty deed of the above-described real
property located in the City of Delray Beach conveying same to Ebenezer Wesleyan Methodist Church in
accordance with the terms and conditions of the exchange as set forth in this Resolution.
PASSED AND ADOPTED in regular session on this the /t~/~ day of
Oe-[~b,9_~c ,1995.
ATTEST:
City Clerk ~ ~
eben.orfl
2 ORD NO. 72-95
[lTV DF DELRIW BERCH
CITY ATTORNEY'S OFFICE *°TM
FACSIMILE 407/278-4755 Writer's DirectLine: (~ ~3-7~
DELRAY BEACH
AIl. Amedca City ~MO~~
~ 993 TO: CiW Co~ission
FROM: David N. Tolces, Assistant CiW A~ome~
SUBJECT: Land Exch~ge Agreement wi~ Ebenezer Wesley~ Me~odist Church
After meaningful negotiations, the City Attorney's Office was able to come to an agreement
with Ebenezer Wesleyan Methodist Church regarding the land matters at S.W. 2nd Street
and S.W. 7th Avenue. As you recall, the City owns a rectangular parcel which is located
between two Church owned parcels. The Church originally asked the City to donate the 23'
x 135' lot to the Church. The City Commission did not want to donate the land to the
Church and directed the City Attorney's Office to work out a different solution.
The attached agreement will provide the mechanism for the City and the Church to swap two
parcels of land. The Church will convey to the City a 50 foot by 50 foot portion of
property. This property is adjacent to the City's lift station parcel and will allow the City to
donate a lot for the creation of affordable housing. The lot will front onto S.W. 7th Avenue.
In return, the City is providing the church with a parcel of land which is approximately 135
feet by 23 feet. This parcel is located between two parcels which the Church currently
owns. Acquisition of this parcel will require the Church to file a unity of title in order to
combine all of their parcels into one.
If you have any questions, please call.
Attachments la/la/~,~
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Lula Butler, Director of Community Improvement
Diane Dominguez, Director of Planning and Zoning
eben.dnt
Printed on Recycled Paper
LAND EXCHANGE AGREEMENT
THIS AGREEMENT, made this __ day of , 1995, by and
between EBENEZER WESLEYAN METHODIST CHURCH, a Florida corporation, with
its principal place of business at 201 S.W. 6th Avenue, Delray Beach, Florida 33444
(hereinafter referred to as "CHURCH") and the CITY OF DELRAY BEACH, FLORIDA,
having its principal place of business at 100 N.W. 1st Avenue, Defray Beach, Florida 33n. n/.
(hereinafter referred to as "DELRAY" or the "CITY").
WITNESSETH:
WHEREAS, CHURCH is the owner of certain real property located in Palm Beach
County, Florida, as more particularly described on Exhibit "A" attached hereto (hereinaftei:
referred to as the "Church Parcel"), which DELRAY wishes to acquire for municipal
purposes; and
WHEREAS, DELRAY is the owner of certain real property located in Palm Beach
County, Florida, as more particularly described on Exhibit "B" attached hereto (hereinafter
referred to as the "Defray Parcel"), which CHURCH wishes to acquire for use in the
expansion of its property; and
NOW, TI-IEREFORE, for and in consideration of One Dollar ($1.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and
in further consideration of the covenants and agreements contained herein, the parties do
hereby agree as follows:
1. Conveyance of Church Parcel. CHURCH hereby agrees to convey to
DELRAY the Church Parcel.
2. (~onveyance of Delray Parcel. DELRAY hereby agrees to convey to
CHURCH the Delray Parcel.
3. Resulting Properties. As a result of the conveyances of the properties between
the parties described in Paragraphs 1 and 2 and the combination with existing holdings,
CHURCH total property is described on Exhibit "C". These properties are referred to herein
as "Church Holdings".
4. Property Value. For purposes of this Agreement, the value of the Church
Parcel shall be deemed to equal the value of the Delray Parcel, which shall be the most recent
assessed value, as determined by the Pall Beach County Property Appraiser.
5. ~. This transaction shall be closed within forty-five (45) days
following the effective date of this Agreement. The closing shall take place at the offices of
Delray's attorney or at such other place in Palm Beach County as DELRAY may specify.
At the time of closing, the deed and possession of the Church Parcel shall be delivered
to DELRAY. The deed and possession of the Delray Parcel shall be delivered to CHURCH
at time of closing.
6. Evidence of Title. On or before thirty (30) days following the effective date of
this Agreement, DELRAY shall obtain, at DELRAY'S expense, a title guaranty commitment
(together with copies of all exceptions listed therein) in the amount of the property value
established in Paragraph 4, issued by a title insurance company acceptable to DELRAY,
agreeing to issue to DELRAY upon the recording of the deed heretofore mentioned, a title
insurance policy in the amount set forth above and insuring DELRAY'S title to the Church
Parcel. The title commitment shall make no exceptions except those agreed to by DELRAY.
In addition, on or before thirty (30) days following the effective date of this Agreement,
CHURCH shall provide at its own expense, a title guaranty commitment (together with copies
of all exceptions listed therein) in the amount of the property value established in Paragraph 4,
agreeing to issue to CHURCH upon the recording of the deed heretofore mentioned, a title
insurance policy in the amount set forth above and insuring CHURCH'S title to the Delray
Parcel. The title commitment shall make no exceptions except those agreed to by CHURCH.
If the title commitment for either the Church Parcel or the Delray Parcel contains
encumbrances or title defects subject to which the parcels will be conveyed, (except that the
parties hereto agree that any matter which shall be discharged at closing shall not be
considered an encumbrance or title defect for the purpose of this Paragraph), the party insured
by such commitment shall have fifteen (15) days from receipt of the commitment to notify the
issuing party of its objections to such additional encumbrances or title defects. If such notice
is not given within such fifteen (15) day period, the insured party shall be conclusively deemed
to have waived all defects in, or encumbrances on the title to the premises insured expect such
as may occur subsequent to the effective date of the commitment. If the insured party shall
give valid notice of defects or encumbrances, and if said defects render title unmarketable or
otherwise not agreed to hereunder, the issuing party shall have ninety (90) days from receipt
of the notice to cure such defects. If after said period the defects shall not have been cured,
the insured party shall have the option of: (1) accepting title as it then is; or (2) terminating
this Agreement whereupon each party shall be released from all further obligations under this
Agreement.
7. ~3r.e,S. Either party hereto, at such party's expense, within the time allowed
to deliver the evidence of title and to examine same as set forth in Paragraph 6 above, may
have the parcel which such party is to receive surveyed and certified by a registered Florida
surveyor. If the survey shows any encroachment on the parcel, the same shall be treated as a
title defect.
8. Stamps and Recording. CHURCH shall pay for the state documentary stamps
to be affixed to the deed required herein and the cost of drafting and recording any corrective
instruments required herein. The cost of recording the deeds shall also be paid by CHURCH.
9. Documents for Closing. The attorney or other agent for DELRAY shall
prepare the deeds, closing statements and affidavits of liehs and parties in possession for both
parties. Copies of the closing documents shall be provided to DELRAY and CHURCH'S
representatives for review and approval at least ten (10) days prior to the scheduled closing
date.
10. Condition Precedent to Closing. This Agreement is subject to and conditioned
upon the execution of a unity of title by CHURCH prior to the closing of this transaction, in a
form acceptable to DELRAY encompassing all of the CHURCH'S property as described in
Exhibit "C". The unity of title shall be recorded in the public records by CHURCH, and
shall be a covenant running with the land and such land use restriction shall not be considered
a title defect or encumbrance. The unity of title may be released by a vote of the City
Commission.
11. Post Closing Requirements. By execution hereof, CHURCH acknowledges
that certain approvals, variances, and/or waivers from the CITY'S ordinances may be required
in order to permit the CHURCH'S contemplated use of the property described in Exhibit "C'.
The provisions of this paragraph shall survive closing.
12. Soil Tests and Other Inspections. Each party hereby grants to the other, its
agents and representatives a license to enter on its respective parcel for the purposes of
conducting any surveys, soil tests, engineering reports, or other inspections or tests on such
parcel. If within thirty (30) days of the effective date of this Agreement, such tests indicate
the presence of unusual soil conditions on either parcel which would prevent the immediate
development of such parcel as contemplated herein, then the party to receive title to such
parcel in accordance with the terms hereof shall have the right to cancel this Agreement. To
the extent permitted by law, and as to DELRAY to the limits set forth in Florida Statute
§768.28, each party agrees to hold the other harmless from any damage arising from tests
conducted or requested by such party and further, agrees to pay all the contractors and
workmen performing the tests and to permit no liens or encumbrances to be created on the
parcel as a result thereof.
13. Right to Occupy. The parties shall the right to occupy the properties described
herein in order to satisfy the terms of this Agreement.
14. Prorations. Taxes, assessments, and all other expenses of the parcels, shall be
prorated as of the date of closing. Taxes shall be prorated based upon the current year's tax
with due allowance made for maximum allowable discount. If the closing occurs on a date
when the current year's taxes are not fixed, and the current year's assessment is available,
taxes will be prorated based upon such assessment and prior year's millage. If the current
year's assessment is not available, then taxes will be prorated on the prior year's tax.
However, any tax proration based on an estimate may, at the request of either party to the
transaction, be subsequently readjusted upon the receipt of the tax bill.
15. Special Assessment Liens. Certified, confirmed and ratified special assessment
liens as of the date of closing (and not as of the effective date hereof) are to be paid by the
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party conveying the parcel against which such special assessment lien has been filed. Pending
liens as of the date of closing shall be borne by the party conveying such parcel.
16. Brokers. Each party hereto represents to the other that there are not real estate
brokers involved in this transaction.
17. Notice. Any notice, request, instruction or demand to be give hereunder shall
be hand delivered to the other party hereto or mailed by certified mail, remm receipt
requested, with postage prepaid at the address set forth below or at such addresses as the
parties may hereafter specify in writing to-wit:
As to CHURCH: Ebenezer Wesleyan Methodist Church
201 S.W. 6th Avenue
Delray Beach, Florida 33~44
Attention: Rev. R. L. Howard
As to DELRAY: City of Delray Beach, Florida
100 Northwest First Avenue
Delray Beach, Florida 33444
Attention: City Manager
Copy to: Susan A. Ruby, Esquire
City Attorney
100 N.W. 1st Avenue
Delray Beach, Florida 334~.~.
18. Attorney's Fees and Costs. In connection with any litigation arising out of this
Agreement, the prevailing party Shall be entitled to recover all costs incurred, including
reasonable attorney's fees, at trial and all appellate levels.
19. Entire A~eement. This Agreement sets forth all the promises, covenants,
agreements, conditions and understandings between the parties hereto and supersedes all prior
and contemporaneous agreements and understandings, inducements or conditions and shall be
binding on all successors in interest to this Agreement.
20. F_fffe, l:liEe, J)Al~. The effective date of this Agreement shall be the date when the
last one of the CHURCH and DELRAY has signed this Agreement.
5
21. Governing Law. This Agreement shall be 'governed by the laws of the State of
Florida as now and hereafter are in force. The venue of any litigation arising out of this
Agreement shall be Palm Beach County, Florida.
22. Land Exchange Resolution. This Agreement may be made, at DELRAY'S
sole discretion, an attachment to any resolution adopted by DELRAY which authorizes the
land exchange described herein.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year 'fh'st above written.
Signed, sealed and delivered EBENEZER WESLEYAN METHODIST
'~ CHURCH
Print Name: !/.v~ ~ ~3~Z/x'''v~7/L.-~' Prat N'ame:V~Vc,?c;.~l V?. l.(/C~ ~'
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Thomas Lynch, Mayor
Approved as to Form:
City Attorney
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this /'~ day of
q,~.e/O~ ~ ~ , 1995 by'~o. ~ Z_- -'/-/-e ,-~ ~ ,~ ~/ (name of officer or agent, title
of 6fficer or agent) of ~/o e ~ ex e q OJ ~ r I e ~[ n- ~ 7{- (name of corporation acknowledging), a
/~"/o ~ ,'~/4 (state or place of incorporation) corporation, on behalf of the
co.rporation. He/She is personally known to me or has produced
~ r~ze .~ ~//~, <E'.~<:., ~ ~-~ (type of identification) as identification and did (did' not) take
an oath. ~
Signature of Not,fry Public - State
I ~ ~'oo o~c~^L .oT^R~ s~^'~ of Florida
& :~. ooao'm'~ A BAKER I
.~. ni'[)-.~('? O COMM $$1ON NUMBER I
! 7.m'~a~;?~ ~ MY COI~iSS~ON EX~. I 6
<'O1~ ~:,,.O NOV 14~1gl}7
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this day of
, 1995 by (name of officer or agent, title
of officer or agent) of (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) take
an oath.
Signature of Notary Public - State
of Florida
eben.agt
7
EXHIBIT "A"
The North 50 feet of the East 50 feet of the West 135 feet of the South 135 feet of Block 14,
Town of Delray, according to the plat thereof recorded in Plat Book 1, Page 3 of the Public
Records of Palm Beach County, Florida.
EXHIBIT "B"
The South 135.0 feet of Block 14, less the East 145.60 feet thereof and less the West 135.0
feet thereof, according to the plat of the Map of Linton (now Delray Beach) as recorded in Plat
Book 1 at Page 3 of the Public Records of Palm Beach County, Florida.
EXHIBIT "C"
The East 145.6 feet of the South 135 feet of Block 14, Map of Linton (now Delray Beach),
according to the plat thereof recorded in Plat Book 1, Page 3 of the Public Records of Palm
Beach County, Florida
and
The North 50 feet of the South 185 feet of the East 135. feet of Block 14, Town of Delray,
according to the plat thereof on file in the Office of the Clerk of the Circuit Court, Palm Beach
County, Florida, in Plat Book 1, Page 3.
and
Plat of Delray Beach, the northerly 50 feet of the South 235 feet of the easterly 135 feet of
Block 14, according to the plat recorded in Plat Book 1, Page 3, of the Public Records of
Palm Beach County, Florida.
and
The East 50 feet of the West 135 feet of the South 85 feet of Block 14, Town of Delray,
according to the plat there recorded in Plat Book l, Page 3 of the Public Records of Palm
Beach County, Florida.
and
The South 135.0 feet of Block 14, less the East 145.60 feet thereof and less the West 135.0
feet thereof, according to the plat of the Map of Linton (now Defray Beach) as recorded in Plat
Book 1 at Page 3 of the Public Records of Palm Beach County, Florida.
CITY OF OELAAY BEACH
CITY ATTORNEY'S OFFICE ~°° ~TM'"'~'~' ~']~^" "~^~"' ~]'°"~^ ~"~
FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090
DELRAY BEACH
Ali.America City MEMORANDUM
]~lll~llll' DATE: September22, 1995
1993
TO: City Clerk's Office
FROM: David N. Tolces, Assistam City Attorney,S'
SUBJECT: Resolution and Notice of Iment to Exchange Real Property
Please place this matter on the October 10, 1995 public hearing agenda. Also, please
publish the Notice on the dates specified. Should you have any questions, please call.
DNT:smk
Attachment
Printed on Recycled Paper
NOTICE OF INTENT TO EXCHANGE REAL PROPERTy
NOTICE IS HEREBY GIVEN that the City of Delray Beach, Florida, announces its
intention to exchange the following real property:
The East 26.6 feet of the West 161.6 feet of the South 135 feet of
Block 14, Town of Delray, as recorded in Plat Book 1, Page 3 of
the Public Records of Palm Beach County, Florida.
with the following real property
The North 50 feet of the East 50 feet of the West 135 feet of the
South 135 feet of Block 14, Town of Delray., according to the plat
thereof recorded in Plat Book 1, Page 3 of the Public Records of
Palm Beach County, Florida.
The exchange of the property is for public purposes pursuant to a contract entered into
between the City and Ebenezer Wesleyan Methodist Church. Further information, as
available, may be obtained from the City Manager's Office. The City Commission of the
City of Delray Beach, Florida, shall hold a public hearing on the proposed exchange at their
regular City Commission meeting of October 10, 1995 at 7:00 p.m. in the City Commission
Chambers, City Hall.
CITY OF DELRAY BEACH, FLORIDA
By:
Alison MacGregor Harty
City Clerk
Publish: The News
September 26, 1995
October 5, 1995