Res 03-90 RESOLUTION NO. 3-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND ABANDON-
ING A 12 FOOT UTILITY EASEMENT AS RECORDED IN
OFFICIAL RECORD BOOK 4866, PAGES 596 AND 597, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORI-
DA, LYING IN THE LANDINGS SUBDIVISION, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 42,
PAGE 21, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
WHEREAS, Ronald A. Gargano, President of R.V. Landings,
Inc. and the managing general partner of the Virginias at Delray,
Ltd fee-simple owners of a portion of The Landings Subdivision ',
as further described in Exhibit "B" attached hereto and made a
part hereof, a subdivision of the City of Delray Beach, Florida,
according to the Plat thereof on file in the office of the Clerk
of the Circuit Court in and for Palm Beach County, Florida,
recorded in Plat Book 42 at Page 21; and,
WHEREAS, Ronald A. Gargano has made application for
abandonment of a 12 foot utility easement as recorded in Official
Record Book 4866, Pages 596 and 597, of the Public Records of
Palm Beach within of The Land-
County,
Florida,
lying
a
portion
ings Subdivision; and,
WHEREAS, the City Commission of the City of Delray
Beach, Florida, finds that its interest in the described property
is no longer needed for the public good and deems it to be in the
best interest of the City of Delray Beach to vacate and abandon
said 12 foot utility easement located within The Landings Subdi-
vision,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177, Section
177.101(5) and Chapter 166 of the Florida Statutes, it is hereby
determined to vacate and abandon all rights and interest it holds
to the following described real property:
That part of the 12 foot utility easement
dedicated to the City of Delray Beach by Offi-
cial Record Book 4866, Pages 596 and 597, of the
Public Records of Palm Beach County, Florida,
lying within a portion of The Landings Subdivi-
sion, according to the Plat thereof recorded in
Plat Book 42, Page 21, of the Public Records of
Palm Beach County, Florida, described as fol-
lows:
SEE EXHIBIT "A" ATTACHED HERETO
AND MADE A pART HEREOF
PASSED AND ADOPTED in regular session on this the 16th
day of January, 1990. ~M A O
ATTEST:
This instrument prepared by:
~~. ~,~,,/~~ Herbert W.A. Thiele, ESq.city Attorney
C~y Clerk ~
100 N.W. 1st Avenue
Delray Beach, FL 33444
1HIS INIDENTURE, made this ls; day o~ ~, 1~ by ~ ~tw~n
:lray Beac:~ .::'i. Ltd, ParL:uz~hln ~ Nrties Of t~ first ~rt, ~d ~ CITY OF
D~LRAY ~!t~ACH, a Florida municip~ cor~rati~ ~ P~m ~a~ C~ S~te
Florida, party of ~e ~c~d par~:
CX.~fl.r. ATTACHED
. , (12' UTILITY ~S~ENT)
,. t~h or ~ it~ ~t it has &~ r~ht ~d iaw~ ~ity to 8r~t
~i~ e~m~t ~ ~at the ~e ~ ~nc~. ~e the c~te~ of t~s
~N~S?~: PAR~ OF ~E ~ST PART
' STATE ~ FLORIDA
COUNTY ~F PALM B~CH
~he ~tate and County a~ores~d to ~ake ac~o~l~ts, ~r~y ~ared
~ ~ WITN~5 my hand ~d o{{i~ se~ in the C~ and ~tate ~t ~esaid
~ My Comm~s~ ~pir~:
~h~ ~ns:rumen~ Frepa~ed
'~'City Attorney's Office ~s,,. ~,
~100 N.W. [st Ave.
Derlay Beach, FL 33444'
CERTIFICATION
I, ALISON J. MacGREGOR, City Clerk of the City of Delray. Beach, Florida, do
hereby certify that the above and foregoing is a true and correct copy of Resolution
No. 3-90 which was passed by the City Commission on the 16th day of January, 1990.
~,IN ~.IT~SS WHEREOF, I have hereunto set my hand and the official seal of the
Ci.~y~of~DeIt~y'B~ch, Florida, on this the 3rd day of April, 1990.
~- -~ <~ .; Alison J. f~cGr~gor
-~ City Clerk
~o~ ', -~ .... f City of Delray Beach
DESCRIPTION
(12' UTILITY ~AS~M~NT)
An Easement 12 feet in width over and &croae
THE LARDINGS, according to ~he plaC thereof
Book 42 at page 21 of the Public Records of Palm Beach Co~ty,
Florida, the centerline of said Ealm~t being delcri~
follows=
C~¢e et the Southe4e~ corner of e&14
to a point of cu£v&ture of m ~urve co~vt
of 541.19 felt end a c~ll ~le of 1S~S~43-;
along the Irc of sa~d ~l, 144.16 f~j
· aa=, ~ce N.ZZ O1 20 W., 37.~9 ~e~; ~hence S.48o23,04-W.,
50.03 fee= to ~e ~oint of ~inn~ng of ~he cent&flirt& of
men~ ~o ~ herein descri~; thence S.52o01,03-W., 61.76
~hence S.24o14,16-w., 113.61 fee= ~o ~he Poln~
cen~erline of said Eas~en=.
r-
~ ORB 6z+~8 Pi ~[20
This Instrument Was Prepared
By And Should Be Returned To~
Arthur J. Manor, Esquire y
WIEN, MALKZN & HE.EX
Palm Beach, Florida 33480-4020 ~ ~Off F~ l~ffl
" ,,
SPECIAL WARRANTY,DEED
THIS SPECIAL WARRANTY DEED, executed as of the ~
day of June, 1989, by STATE OF MARYLAND DEPOSIT INSURANCE FUND
CORPORATION, AS RECEIVER FOR OLD COURT SAVINGS & LOAN, INC., a
Maryland corporation (the "Grantor"), to THE LANDINGS JOINT
VENTURE, a Florida general partnership, consisting of RV LANDINGS,
INC., a 'Florida corporation, and VIRGINIAS AT DELRAY, LTD., a
Florida limited partnership, whose mailing address is c/o Ragland
G Associates, Inc., 902 Clint Moore Road, Suite 104, Boca Raton,
Florida 33487 (the "Grantee"),
W I T N E S S E T }{:
That Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration to
Grantor in hand paid by Grantee. the receipt and sufficiency of
which lm hereby acknowledged, ham grant.da.berg&in.d, and mold to
Grantee and Grantee's heirm and assigns forever, the real property
situate, lying, sad being in Palm Beach County, Florida, described
in Exhibit A attached hereto and made a part hereof.
TO HAVE AND TO llOLD the same in fee simple forever.
This conveyance is made SUBJECT TO the
1. Ad valorem real property taxes for the year 1989
and subsequent years.
2. All of the termmt covenants, conditions, pro-
visions, agreements, rights, privileges, restrictions, obli-
gations, easements, and liens mat forth and contained in the
Declaration of Condominium of The Landings of Dalray Beach, a
Condominium, recorded in Official Record, Book 3673, Page 1866, of
the Public Records of Palm Beach County, Florida.
3. All :acts which would be shown by an accurate,
current survey.
4. Applicable zoning and other land use laws, ordi-
nances, regulations, and restrLctions.
And Grantor covenant, with Grantee that, except aa above
noted, at the time o~ the delivery o~ this deed said property was
free from all encumbrances made by Grantor, and that Grantor
hereby specially warrantm th.: ~l~le to said property and will
defend it against the lawful ~,aim~ ef a)l oer~ona claiming by,
through, or under Grantor, but not ~herwisd.
IN WITNESS W~EREOF, Grantor has executed this deed aa
the day and year first above written.
66700 -1-
6/19/89
GT&T~ OF MARYLAHO DEPOSIT
I#$~RAIIC~ FUHD CORPORATION, AS
P. ECRZV~FOR OLO COURT SAVINGS
' ,_ ~L The £oregolng lnst=umoj~t v~ Ickno¥1e4~ed be£oro me this
l.%~ d~y.~ ~une, 1989, by
Co~:l~io~ '~l Receiver ~or Old ~urt 8avi~ & ~a4,. :Xac., a
Maryland cor~rlt~on, on bohal~
/
~4~? ~ub~C ~ :' ~ ~ .'.' ~ ,.....'
" 66700 2
6112189. ," ' :
EXHIBIT #A'
in Plat Book 8, Page 40, of the Public RecordI of PalI Beach
County, Florida, lyinq South of NortheaIt Eighth Street,
weir of AndrewI . Avenue and Eait of the IntracoaItal
Waterway.
Less and except Units A-101, A-102, A-103, A-104, A-10S,
A-201, A-202, A-203, A-204, A-205~ A-301, A-302, A-303,
A-304, A-305, G-101, G-102, G-201& G-202, G-301, G-302,
H-101, H-102,. H-201, H-202. H-301. and H-302. of The
LandingI of Oelray Beach, according to the Declaration of
Condominium thereof, recorded in Of£iolal RecordI Book
3673, Page 1866, of the Public RecordI of Palm Beach County,
Florida~ together with thi undividid Iharei in the common
elementI which are appurtenant to IUCh unl~I.
33403
RECORD VERIFIF--D
PALM BEACH COUNTY FLA.
JOHN B. DUNKLE
CLERK cIRCUIT CouRT
RECOAO VERIFIEO
PALM BEACH COUNTY FL ~,
JOHN B. OUNKLE
CLI~K Ct~CUrf Cou~T
THE RAGLAND COMPANIES
902 Clint Moore Road, Suite 104 Boca Raton, FL 33487 Phone (407) 997-1644 Fax (407) 241-9151
December 7, 1989
0L 14
Ms. Kathleen Dearden ~
Land Development Technician
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
Re: The Landings Utility Easement Abandonment
Dear Ms. Dearden:
I have reviewed your letter of December 5, 1989. The Landings
Joint Venture is comprised of RV Landings, Inc. and the Virginias
at Delray, Ltd. RV Landings, Inc. is the Managing General Partner
and is authorized to conduct all of the business of this Joint
Venture.
For your records, I have attached the appropriate pages of the
Joint Venture Agreement granting Ronald A. Gargano, as President
of RV Landings, Inc., the Managing Venturer, the express authority
required regarding the abandonment of the utility easement at The
Landings.
If you require further supporting information, please contact me
or the counsel for The Landings Joint Venture, Arthur J. Menor, at
407-833-3700.
Sincerely,
R~~~NGS, INC.
Pres£dent
/lmc
A:CDLD1207.LRG
Attachment
of the Venturers in the Joint Venture shall be personal property
for all purposes.
IV. MANAGEMENT
4.0 Generality. Tile overall management and control
of tile business and affairs of the Joint Venture shall be vested
in RV who is hereby designated by the Venturers as the "Managing
Venturer" of the Joint Venture. Without ]imiting the generality
of tile foregoing, the Managing Venturer shall |lave the authority
to expend sums on behalf of the Joint Venture generally in accor-
dance with the Initial Budget, a copy of which is attached hereto
as EXHIBIT "C" and made a part hereof, but expenditures with
respect to any category set forth in tile ]initial Budget shall
not exceed one hundred and ten (] ]0%) percent of the budgeted
amount for such category wit}lout the consent of Virginias.
Subsequent budgets may be adopted by the Venturers jointly and, if
so, the Managing Venturer shall have the same authority to expend
sums in furtherance thereof, but expenditures with respect to any
category set forth in such budget shall not exceed one hundred and
ten (110%) percent of the budgeted amount for such category
without the consent of Virginias.
4.1 Limitations on Venturers. Notwithstanding the
provisions of Section 4.0 above, no act shall be taken, sum
expended, decision made, or obi igation incurred by the Joint
Venture, Managing Venturer, or any Venturer with respect to a
matter within the scope of any of the major decisions (hereinafter
called "Major Decisions") as enumerated below unless such Major
Decisions have been approved and consented to by the Venturers.
The Major Decisions ~nclude the acts of and power to:
(a) execute and/or de]~iver: any promissory
notes, loan agreements, and other instruments of indebtedness;
mortgages, pledges, assignments, and other instruments of hypothe-
cation; indemnity or guaranty agreements, completion guaranties,
or bonds of any kind; contracts for the sale or use of the Land,
deeds of conveyance, ]eases, contracts, and options to sell or
lease the Land; except that, w~th respect to contracts in tile
ordinary course of business of the Joint Venture and the Project,
the Managing Venturer sha]! have the power to execute and deliver
such contracts without said consent so long as each such contract
has a term not exceeding one (1) year and under which the Joint
Venture is not obliqated for more than $25,000.00 for each
contract, and such cot,tracts are referable to an item in a budget
previously approved by the Venturers; and further except that with
respect to the sale of Units in the ordinary course of business of
the Joint Venture, the [.~anagi~]g Venturer shall have the power
execute and deliver contracts of sale.
(~) change or reorganize the Joint Venture
into any other legal form.
4.2 Compensation. Except as otherwise set forth
herein, no fee shall be due any Venturer in connection with his
services to tile Joint Venture, except as approved by the Venturers
jointly. No part of the office overhead or general or administra-
tive expense of any Venturer or any entity owned or controlled by
him shall be deemed to be an expense of the Joint Venture, except
as otherwise set forth herein or as approved by the Venturers
joi. ntly. Attached hereto as EXIIIBIT "E" and made a part hereof is
a schedule of services to be provided by affiliates of RV to the
Joint Venture and tile compensation to be paid by the Joint Venture
for such services.
V. DECISION MAKING
Except as to Major Decisions, as defined in Section
4.3 hereof, ali decisions of the Joint Venture shall be made by
tile Managing Venturer. Major Decisions, as defined in Sec~.io~
4.3, shall be made by both Venturers unanimously.
VI . ACCOUNTING
6.0 Books and Accounts. Accurate books and
accounts relating to expenditures in connection with tile business
of the Joint Venture s}la]l be maintained by the Joint Venture in
accordance with Generally Accepted Accounting Principles. Such
books and accounts shall be kept on a cash basis for job costing
and on ali accrual basis for tax purposes and shall include a
separate account for each Venturer. Each Venturer or his duly
authorized representative, at his own expense, shall at all
reasonable times, on reasonable notice, have access to, and may
inspect and copy, such books and accounts and any other records of
the Joint Venture. All funds received by the Joint Venture shall
be deposited in the name of the ~loint Venture in such bank account
or accounts as the Managing Venture shall designate from time to
time and withdrawals therefrom shall be made upon such signature
or si. gnatures on behalf of tile Joint Venture as tile Venturers may
designate from time to time. No funds of tile Jo.l. nt Venture shall
be deposited in any other account nor shall funds of any other
person or entity be deposited in any Joint Venture account.
6.1 Fina]~cial Reports. On or prior to March 1 of
each year, each Venturer shall be provided with financial state-
ments of the Joint Venture for the prior fiscal year, including a
balance sheet and re].ated statements of income and Venturer's
equity, changes in financial positi, on and cash flow, each of which
shall be reviewed or compiled, or both, by the Joint Venture's
accountant and prepared in accordance with Generally Accepted
]'N WITr]ESS WIIEREOF, the V~nturers have executed this
Agreement as of the date first above written.
Signed, Sealed, and
Del ivered in
Presence of: RV ~,AND]NGS, INC., a Florida
U~) /.
Date Executed:
RV
/
VIRGINIAS AT DELRAY, LTD., a
Florida limited partnership
By: IIILTON I1EAD EQUITY
MANAGEMENT CO., INC., a
South Carolina corporation
authorized %o %ransack
business in Florida,
sole general partner
Edw,rd ~. Payn~Ii,
VIRGINIAS