Res 16-04RESOLUTION NO. 16-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE CITY TO EXCHANGE REAL PROPERTY OWNED
BY THE CITY OF DELRAY BEACH, WHICH PROPERTY IS
LOCATED ON THE EAST SIDE OF SOUTH FEDERAL
HIGHWAY SOUTH OF l0TM AVENUE AS MORE
PARTICULARLY DESCRIBED HEREIN AND IN
ACCORDANCE WITH THAT REAL PROPERTY
EXCHANGE AGREEMENT BETWEEN THE PARTIES TO
BE UTILIZED FOR PARK PURPOSES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Florida, is the owner of Tract 1, a portion of Lot 10,
Block 1, Model Land Company's Map of Section 21, Township 46 South, Range 43 East, Delray
Beach, Palm Beach County, Florida, being more particularly described as follows:
DESCRIPTION TRACT 1:
A PORTION OF LOT 10, BLOCK 1, MODEL LAND COMPANY'S MAP
OF SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 1, PAGE 128, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 26, BLOCK 2 OF
SAID PLAT OF "MODEL LAND COMPANY'S MAP OF SECTION 21,
TOWNSHIP 46 SOUTH, RANGE 43 EAST"; THENCE N.0°23'14"E.,
ALONG THE WEST LINE OF SAID LOT 26, A DISTANCE OF 29.10
FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE
NORTHWEST HAVING A CENTRAL ANGLE OF 1°24'11'' AND A
RADIUS OF 1350.19 FEET AND A POINT ON THE EAST RIGHT OF
WAY LINE OF U.S. HIGHWAY NO. 1 AS NOW LAID OUT AND IN USE;
THENCE SOUTHWEST, ALONG THE ARC OF SAID CURVE WHOSE
CHORD BEARS S28°20'41 "W. AND ALONG THE SAID EAST RIGHT OF
WAY LINE, A DISTANCE OF 33.06 FEET TO A POINT ON THE
WESTERLY PROJECTION OF THE SOUTH LINE OF SAID LOT 26;
THENCE N.89°59'58"E., ALONG SAID WESTERLY PROJECTION, A
DISTANCE OF 15.50 FEET TO THE POINT OF BEGINNING.
CONTAINING 223 SQUARE FEET MORE OR LESS; and,
I RES. NO. 16-04
WHEREAS, the City of Dekay Beach, Florida, is the owner of Tract 5, a portion of Lot 11,
Block 1, Model Land Company's Map of Section 21, Township 46 South, Range 43 East, Delray
Beach, Palm Beach County, Florida, being more particularly described as follows:
DESCRIPTION TRACT 5:
A PORTION OF LOT 11, BLOCK 1, MODEL LAND COMPANY'S MAP
OF SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
ACCORDING TO THE PEAT THEREOF AS RECORDED IN PLAT
BOOK 1, PAGE 128, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF TRACT A" THE
CORNICHE REPEAT 1, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PEAT BOOK 97, PAGE 50, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE S.89°58'31"E., ALONG THE
SOUTH LINE OF SAID TRACT "A", A DISTANCE OF 4.09 FEET TO THE
POINT OF BEGINNING, THENCE CONTINUE S.89°58'31"E., ALONG
THE SOUTH LINE OF SAID TRACT "A", A DISTANCE OF 85.34 FEET;
THENCE S.32°02'19"W., A DISTANCE OF 48.19 FEET; THENCE
N89°58'31"W., A DISTANCE OF 29.71 FEET TO A POINT ON A CURVE
CONCAVE TO THE NORTHEAST HAVING A CENTRAL ANGLE OF
107016'55'' AND A RADIUS OF 31.50 FEET; THENCE NORTHWEST,
ALONG THE ARC OF SAID CURVE, A DISTANCE OF 58.98 FEET TO
THE POINT OF BEGINNING.
CONTAINING 2,806 SQUARE FEET MORE OR LESS.
WHEREAS, the City of Delray Beach, Florida, is the owner of Tract 7, a portion of Lot 11,
Block 1, Model Land Company's Map of Section 21, Township 46 South, Range 43 East, Delray
Beach, Palm Beach County, Florida, being more particularly described as follows:
DESCRIPTION OF TRACT 7:
A PORTION OF LOT 11, BLOCK 1, MODEL LAND COMPANY'S MAP
OF SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 1, PAGE 128, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 27, BLOCK 2
OF SAID PLAT OF "MODEL LAND COMPANY'S MAP OF SECTION 21,
2 RES. NO. 16-04
TOWNSHIP 46 SOUTH, RANGE 43 EAST"; THENCE N.0°23'14"E.,
ALONG THE WEST LINE OF SAID LOT 27 (SAID LINE ALSO BEING
THE EAST LINE OF SAID LOT 11), A DISTANCE OF 24.00 FEET TO A
POINT ON A LINE 24.0 FEET NORTH OF AND PARALLEL TO THE
WESTERLY PROJECTION OF THE SOUTH LINE OF SAID LOT 27;
THENCE N.89°58'31"W., ALONG SAID PARAI.I.EL LINE, A DISTANCE
OF 203.74 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF
U.S. HIGHWAY NO. 1; THENCE S.32°03'14"W., ALONG SAID RIGHT OF
WAY LINE, A DISTANCE OF 28.31 FEET TO A POINT ON THE
WESTERLY PROJECTION OF THE SOUTH LINE OF SAID LOT 27;
THENCE S.89°58'31"E., ALONG SAID WESTERLY PROJECTION, A
DISTANCE OF 218.60 FEET TO THE POINT OF BEGINNING.
CONTAINING 5,068 SQUARE FEET MORE OR LESS.
WHEREAS, the Delray Harbor Club Association, Inc. is the owner of Tract 2, a portion of
the Corniche Replat 1, according to the Plat thereof as recorded in Plat Book 97, Page 50, Public
Records of Palm Beach County, Florida, being more particularly described as follows:
DESCRIPTION OF TRACT 2:
A PORTION OF THE CORNICHE REPLAT 1, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 97, PAGE 50, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF TRACT "A" OF SAID
PLAT OF "THE CORNICHE REPLAT 1"; THENCE N.0°23'14"E., ALONG
THE EAST LINE OF SAID PLAT, A DISTANCE OF 99.90 FEET; THENCE
S.32°02'19"W., A DISTANCE OF 117.82 FEET TO A POINT ON THE
NORTH LINE OF SAID TRACT "A"; THENCE S.89°58'31"E., ALONG
THE NORTH LINE OF SAID TRACT "A" , A DISTANCE OF 61.82 FEET
TO THE POINT OF BEGINNING.
CONTAINING 3,088 SQUARE FEET MORE OR LESS.
WHEREAS, Florida Inland Navigation District is the owner of Tract 4, a portion of Tract
"A", the Comiche Replat 1, according to the Plat thereof as recorded in Plat Book 97, Page 50,
Public Records of Palm Beach County, Florida, being more particularly described as follows:
DESCRIPTION OF TRACT 4:
3 RES. NO. 16-04
A PORTION OF TRACT "A"; THE CORNICHE REPLAT 1, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 97, PAGE 50,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT "A";
THENCE N.89°58'31"W., ALONG THE NORTH LINE OF SAID TRACT
"A", A DISTANCE OF 61.82 FEET; THENCE S32°02'19"W., A DISTANCE
OF 28.29 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT
"A"; THENCE S89°58'31"E., ALONG THE SOUTH LINE OF SAID TRACT
"A", A DISTANCE OF 76.67 FEET TO A POINT ON THE EAST LINE OF
SAID TRACT "A"; THENCE N.0°23'14"E., ALONG THE EAST LINE OF
SAID TRACT "A", A DISTANCE OF 24.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 1,661 SQUARE FEET MORE OR LESS.
WHEREAS, the City Commission is of the opinion that it would be in the best interest of
the City to transfer Tracts 1 and 5 to the De[ray Harbor Club Association, Inc. in exchange for the
Delray Harbor Club Association, Inc. transferring Tract 2 to the City; the City shall transfer Tract 7
to the Florida Inland Navigational District in exchange for the Florida Inland Navigation District
transferring Tract 4 to the City, based upon the terms and conditions set forth in that Real Property
Exchange Agreement between De[ray Harbor Club Association, Inc., Florida Inland Navigation
District and the City of Delray Beach.
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 does
hereby authorize the exchange by Special Warranty Deed of the above-described real property
located within the City of De[ray Beach as set forth by the terms and conditions of the Real Property
Exchange Agreement between the parties, attached hereto as Exhibit "A" and incorporated as if
fully set forth herein.
Section 2. This Resolution shall be effective immediately upon its passage.
PASSED AND ADOPTED in regular session on this the _~ay of March, 2004.
4 RES. NO. 16-04
City Clerk
5 RES. NO. 16-04
REAL PROPERTY EXCHANGE AGREEMENT
THIS REAL PROPER. TY EXC~E AGREEMENT ("Exchange Agreement") is
made and entered into this /(~ day o~ ,2004, by and between
DELRAY HARBOR CLUB ASSOCIATION, INC. ("ASSOCIATION"), FLORIDA
INLAND NAVIGATION DISTRICT, an independent special taxing district authorized
under Florida law, whose mailing address is 1314 Marcinski Road, Jupiter, FL 33477
("FIND"), and the CITY OF DELRAY BEACIt, a Florida municipal corporation (the
"CITY").
WlTNESSETH:
WHEREAS, the ASSOCIATION is the owner of certain real properties graphically
depicted and legally described as "Tract 2" in Exhibit A attached hereto and made a part
hereof; and
WHEREAS, the CITY possesses rights in and to the above-described Tracts 3 and 4 for
public street purposes, pursuant to the dedications set forth in The Comiche Replat 1, as
recorded in Plat Book 97, Page 50 of the Public Records of Palm Beach County, Florida, and
FIND is the fee simple owner thereof; and
WHEREAS, the City is the fee simple owner of Tracts 1, 5 and 6, as graphically
depicted and legally described in Exhibit A attached hereto; and
WHEREAS, Tracts 5 and 6 are encumbered by a Declaration of Restrictions as
recorded in Official Record Book 12381, Page 682, of the Public Records of Palm Beach
County, Florida (the "Declaration of Restrictions'') resulting fi.om FIND's funding of the
CITY's acquisition of such property; and
WHEREAS, as a result of the exchanges contemplated to take place within this
Agreement, the parties are desirous of amending said Declaration of Restrictions to substitute
as the deed restricted property Parcels 2 and 4 in lieu of Parcel 5 therein effectively releasing
Parcel 5 fi'om such Deed Restrictions; and
WHEREAS, the ASSOCIATION has requested the conveyance of Tracts 3 and 5, flee
of the mineral rights reservations as provided for under Florida Statutes Section 270.11; and
WHEREAS, in order to facilitate the ASSOCIATION's development plans with respect
to a new entryway into their adjoining condominium and in order to facilitate the CITY's
development of a public boat ramp project on property the CITY leases fi.om FIND lying to the
East of the above-described tracts, the parties are desirous of entering into this Real Property
Exchange Agreement to exchange title to the properties in the manner set forth in this
Agreement among and between the parties in the manner hereinafter described.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration fi.om one party to the other, the receipt
and adequacy of which is hereby acknowledged, the parties hereby agree as follows.
1. All of the above recitals are true and correct and are hereby incorporated into this
Real Property Exchange Agreement.
2. The CITY agrees to abandon and vacate the public right-of-way it possesses within
Tract 3 and Tract 4, either by an abandonment proceeding or the replatting process.
3. FIND agrees to convey: (i)to the ASSOCIATION all right, title, and interest it has
in and to Tract 3, free of the mineral rights reservations provided for in Florida Statutes Section
270.11 by Special Warranty Deed, and (ii) to the CITY all fight, title, and interest it has in and
to Tract 4 by Special Warranty Deed. The CITY agrees to convey to the ASSOCIATION all
right, title, and interest the CITY has in and to Tracts 1 and 5, free of the mineral rights
reservations provided for in Florida Statutes Section 270.11, by Special Warranty Deed. The
CITY agrees to convey by Special Warranty Deed fee simple title to Tract 7 to FIND. FIND
agrees to add Tract 7 to that certain Lease Agreement between FIND and the CITY dated
March 8, 2000. The CITY will deliver a Phase I Environmental Assessment with respect to
Tract 7, in substance reasonably acceptable to FIND. Pursuant to Florida Statutes Section
270.11, the parties hereby acknowledge the ASSOCIATION's petition requesting the
conveyance free of mineral rights and reservations on the grounds that there are no known
minerals existing within such Tract and given the size of the Tracts which are being conveyed,
the mining and/or excavation of the same, in light of the development of the surrounding
properties, would not reasonably be expected to occur.
4. The ASSOCIATION agrees to convey to the CITY, by Special Warranty Deed, all
right, rifle and interest the ASSOCIATION has in Tract 2. The CITY agrees to convey fee
simple title to the ASSOCIATION in and to Tracts 1 and 5 by Special Warranty Deed.
5. FIND and the CITY hereby agree to execute and record in the Public Records an
Amendment to the Declaration of Restrictions to substitute Tracts 2 and 4 in lieu of Tract 5
under said Declaration of Restrictions.
6. Nothing in this Agreement shall waive the requirement for the ASSOCIATION to
obtain all permits, fees, plans, and/or inspections from the CITY or any other applicable
governmental agency prior to commencing construction on the property received by it as a
result of this Real Property Exchange Agreement, and no assurances are being provided to the
ASSOCIATION that such approval shall be forthcoming.
7. The parties agree to join into and execute such replatting applications and/or
documentation as shall be required to effect the replat of the subject properties in a manner
consistent with the development of the site plan attached hereto as Exhibit B, provided
however, that any activities or documentation involved in the replatting will not impact or
impair the property rights that FIND is receiving with respect to its ownership of Tract 7
8. The parties agree to share equally in all recording costs relative to such exchange of
real property, except that the ASSOCIATION agrees to pay all documentary stamp tax due on
such transaction.
9. The CITY agrees to obtain for the benefit of each of the parties to this Agreement a
Title Insurance Commitment and Policy insuring marketable title subject only to those
2
exceptions to title which shall not unreasonably affect marketability in favor of each party to
the extent of the respective Parcel which they are receiving as a result of the subject exchanges.
The schedule of valuation for such Title Insurance Policy shall be as follows:
A. The City of Delray Beach as insured as to Tracts 2 and 4 - $25,000.00.
B. FIND as insured as to Tract 7 - $10,000.00.
C. Delray Harbour Club as insured as to Tracts 1, 3, and 5 - $25,000.00.
10. The CITY agrees to bear all expenses relative to this transaction other than
attorneys' fees incurred by the respective parties. These expenses will include but not be
limited to survey expense, recording expense, replatting to the extent required and title
insurance pursuant to the provisions in the section above.
11. The closing of this transaction shall occur within sixty (60) days from the date of the
execution hereof, subject to the following conditions precedent having been met:
It is further a condition precedent that the ASSOCIATION shall have
obtained the required requisite unit owner approval to authorize the
exchanges of the real property Contemplated by this Agreement. The
ASSOCIATION having obtained a release of Tract 2 from the terms of
that certain Agreement Not to Encumber or Transfer Property by and
between Delray Harbor Club Association and SunTrust Bank recorded
February 7, 2003, in Official Record Book 14774, Page 591 of the Public
Records of Palm Beach County, Florida, and from the encumbrances of
that certain Covenants and Right of First Re-Purchase recorded in
Official Record Book 14698, Page 1186 of the Public Records of Palm
Beach County, Florida.
The CITY having obtained the release of Tract 5 from the terms of that
certain Declaration of Restrictions recorded in Official Record Book
12381, Page 682 of the Public Records of Palm Beach County, Flor/da,
and further obtaining consent for the release of said Tract 5 from Palm
Beach County from the terms of that certain Palm Beach County Florida
Boating Improvement Program Project Agreement recorded in Official
Record Book 12381, Page 688 of the Public Records of Palm Beach
County, Florida.
The CITY having abandoned the public street right-of-way with respect
to Tracts 3 and 4, as set forth in the Plat of The Comiche Replat 1, as
recorded in Plat Book 79, Page 50 of the Public Records of Palm Beach
County, Florida.
In the event any of the above conditions precedent shall not be accomplished within the
time frame set forth above, unless such time frame shall have been extended by the parties in
writing, this Agreement shall become null and void.
3
12. AUTHORITY. Each party represents that this Agreement has been duly authorized
in accordance with all requirements of law and governing authority and that the individuals
executing this Agreement have legal authority to do so and to bind the entities to the terms of
this Agreement.
13. COUNTERPART/FACSIMILE. This Agreement may be executed in counterpart.
A facsimile copy of this Agreement and any signatures hereon shall be considered for ail
purposes as originais.
14. MODIFICATION. No change, amendment, modification or alteration of this
Agreement shail be binding upon either party unless it is in writing and signed by both.
15. WAIVER OF BREACH. The waiver by either party of a breach of any portion of
this Agreement by the other shall not operate or be construed as a waiver of any subsequent
breach.
16. NOTICES. Any notices to be given hereunder by either party to the other shail be
effected either by personal delivery in writing or by mail, registered or certified, postage
prepaid, with return receipt requested. Notices delivered personaily shall be deemed
communicated as of actual receipt; mailed notices shail be deemed communicated as of four (4)
days after mailing.
17. INCLUSION OF ENTIRE AGREEMENT HEREIN. This Agreement supersedes
any and all other agreements, either oral or in writing, between the parties hereto with respect
to the subject matter hereof and contains ail of the covenants and agreements between the
parties with respect to such relation in any manner whatsoever.
18. LAW GOVERNING AGREEMENT. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida.
19. ATTORNEYS' FEES AND COSTS. If any action at law or in equity is necessary to
enforce or interpret the terms of this Agreement, the prevailing party shail be entitled to
reasonable attorneys' fees, expenses, costs of appeal and necessary disbursements in addition to
any other relief to which it may be entitled.
20. ASSIGNMENT. The rights and benefits of this Agreement shall not be assignable
by any party without the written consent of the other.
IN WITNESS WI~REOF, the parties hereto have executed this Reai Property
Exchange Agreement the day and year first above written.
Attest:
DELRAY HARBOR CLUB ASSOCIATION,
INC.
By: By:
4
Attest:
Attest:
CITY OF DELKAY BE'ACH
By:
FLO NAVIGATION DISTRICT
By:
By:
Approved as to form and
legal sufficiency:
t~N. City Attorney
~ iii'
i
I':.X H T ]~ZT "Il"
[ITY OF I]ELllI Y BEI3[H
CITY ATTORNEY'S OFFICE 2°° .w ,s, AVE.UE...L.^Y.E^CH, FLO.,.A 334,,
TELEPHONE 561/243-7090 . FACSIMILE 561/278-4755
]993 DATE: March 2, 2004
Wdter's Direct Line: 561/243-7091
MEMORANDUM
TO:
FROM:
City Commission
David T. Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Exchange of Property between the City, FIND and Delra¥ Harbor
Club
The Delray Harbor Club Association owns property adjacent to Federal Highway
and just south of their complex. The City owns property adjacent to Federal
Highway and just south of the Association property. Florida Inland Navigational
District (FIND) owns the property to the east of the Association and City property
but has leased it to the City for park purposes. The Association wishes to
construct an entry feature and to provide for more guest parking on its property.
The City wishes to construct park facilities with a boat ramp going into the
intracoastal. The exchange would allow both parties to utilize the property in a
more efficient manner. FIND also benefits from this transfer in that it
accomplishes its goal of providing access to the intracoastal waterway.
The attached resolution and agreement, if approved, would allow the transfer of
Tract 4 from FIND to the City; transfer of Tracts 1 and 5 from the City to the Delray
Harbor Club Association; transfer of Tract 7 from the City to FIND; transfer of Tract
2 from the Association to the City. The agreement also provides for the transfer of
Tract 3 from FIND to the Association.
Please place this item on the March 11, 2004 City Commission agenda. If you
should have any questions, please do not hesitate to contact me.
Attachments
CC:
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
Joe Weldon, Director of Parks and Recreation
RESOLUTION NO. 16-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
EXCHANGE REAL PROPERTY OWNED BY THE CITY OF
DELRAY BEACH, WHICH PROPERTY IS LOCATED ON THE
EAST SIDE OF SOUTH FEDERAL HIGHWAY SOUTH OF 10TM
AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN AND
IN ACCORDANCE WITH THAT REAL PROPERTY EXCHANGE
AGREEMENT BETWEEN THE PARTIES TO BE UTILIZED FOR
PARK PURPOSES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Flodda, is the owner of Tract 1, a portion of Lot 10,
Block 1, Model Land Company's Map of Section 21, Township 46 South, Range 43 East, Delray
Beach, Palm Beach County, Florida, being more particularly described as follows:
DESCRIPTION TRACT 1:
A PORTION OF LOT 10, BLOCK 1, MODEL LAND COMPANY'S MAP OF
SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 128, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 26, BLOCK 2 OF SAID
PLAT OF "MODEL LAND COMPANY'S MAP OF SECTION 21, TOWNSHIP 46
SOUTH, RANGE 43 EAST"; THENCE N.0°23'14"E., ALONG THE WEST LINE
OF SAID LOT 26, A DISTANCE OF 29.10 FEET TO A POINT ON A NON-
TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A CENTRAL
ANGLE OF 1°24'11.. AND A RADIUS OF 1350.19 FEET AND A POINT ON THE
EAST RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1 AS NOW LAID OUT
AND IN USE; THENCE SOUTHWEST, ALONG THE ARC OF SAID CURVE
WHOSE CHORD BEARS S28°20'41"W. AND ALONG THE SAID EAST RIGHT
OF WAY LINE, A DISTANCE OF 33.06 FEET TO A POINT ON THE
WESTERLY PROJECTION OF THE SOUTH LINE OF SAID LOT 26; THENCE
N.89°59'58"E., ALONG SAID WESTERLY PROJECTION, A DISTANCE OF
15.50 FEET TO THE POINT OF BEGINNING.
CONTAINING 223 SQUARE FEET MORE OR LESS; and,
WHEREAS, the City of Delray Beach, Florida, is the owner of Tract 5, a portion of Lot 11,
Block 1, Model Land Company's Map of Section 21, Township 46 South, Range 43 East, Delray
Beach, Palm Beach County, Florida, being more particularly described as follows:
1 RES. NO. 16-04
DESCRIPTION TRACT 5:
A PORTION OF LOT 11, BLOCK 1, MODEL LAND COMPANY'S MAP OF
SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 128, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF TRACT A" THE
CORNICHE REPLAT 1, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 97, PAGE 50, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE S.89°58'31"E., ALONG THE SOUTH
LINE OF SAID TRACT "A", A DISTANCE OF 4.09 FEET TO THE POINT OF
BEGINNING, THENCE CONTINUE S.89°58'31"E., ALONG THE SOUTH LINE
OF SAID TRACT "A", A DISTANCE OF 85.34 FEET; THENCE S.32°02'19"W., A
DISTANCE OF 48.19 FEET; THENCE N89058'31"W., A DISTANCE OF 29.71
FEET TO A POINT ON A CURVE CONCAVE TO THE NORTHEAST HAVING A
CENTRAL ANGLE OF 107016'55'' AND A RADIUS OF 31.50 FEET; THENCE
NORTHWEST, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 58.98
FEET TO THE POINT OF BEGINNING.
CONTAINING 2,806 SQUARE FEET MORE OR LESS.
WHEREAS, the City of Delray Beach, Florida, is the owner of Tract 7, a portion of Lot 11,
Block 1, Model Land Company's Map of Section 21, Township 46 South, Range 43 East, Delray
Beach, Palm Beach County, Florida, being more particularly described as follows:
DESCRIPTION OF TRACT 7:
A PORTION OF LOT 11, BLOCK 1, MODEL LAND COMPANY'S MAP OF
SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 128, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 27, BLOCK 2 OF
SAID PLAT OF "MODEL LAND COMPANY'S MAP OF SECTION 21,
TOWNSHIP 46 SOUTH, RANGE 43 EAST"; THENCE N.0°23'14"E., ALONG
THE WEST LINE OF SAID LOT 27 (SAID LINE ALSO BEING THE EAST LINE
OF SAID LOT 11), A DISTANCE OF 24.00 FEET TO A POINT ON A LINE 24.0
FEET NORTH OF AND PARALLEL TO THE WESTERLY PROJECTION OF
THE SOUTH LINE OF SAID LOT 27; THENCE N.89°58'31"W., ALONG SAID
PARALLEL LINE, A DISTANCE OF 203.74 FEET TO A POINT ON THE EAST
2 RES. NO. 16-04
RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1; THENCE S.32°03'14"W.,
ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 28.31 FEET TO A
POINT ON THE WESTERLY PROJECTION OF THE SOUTH LINE OF SAID
LOT 27; THENCE S.89°58'31"E., ALONG SAID WESTERLY PROJECTION, A
DISTANCE OF 218.60 FEET TO THE POINT OF BEGINNING.
CONTAINING 5,068 SQUARE FEET MORE OR LESS.
WHEREAS, the Delray Harbor Club Association, Inc. is the owner of Tract 2, a portion of
the Comiche Replat 1, according to the Plat thereof as recorded in Plat Book 97, Page 50, Public
Records of Palm Beach County, Florida, being more particularly described as follows:
DESCRIPTION OF TRACT 2:
A PORTION OF THE CORNICHE REPLAT 1, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 97, PAGE 50, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF TRACT "A" OF SAID PLAT
OF "THE CORNICHE REPLAT 1"; THENCE N.0°23'14"E., ALONG THE EAST
LINE OF SAID PLAT, A DISTANCE OF 99.90 FEET; THENCE S.32°02'19"W., A
DISTANCE OF 117.82 FEET TO A POINT ON THE NORTH LINE OF SAID
TRACT "A"; THENCE S.89°58'31"E., ALONG THE NORTH LINE OF SAID
TRACT "A" , A DISTANCE OF 61.82 FEET TO THE POINT OF BEGINNING.
CONTAINING 3,088 SQUARE FEET MORE OR LESS.
WHEREAS, Florida Inland Navigation District is the owner of Tract 4, a portion of Tract
"A", the Corniche Replat 1, according to the Plat thereof as recorded in Plat Book 97, Page 50,
Public Records of Palm Beach County, Florida, being more particularly described as follows:
DESCRIPTION OF TRACT 4:
A PORTION OF TRACT "A"; THE CORNICHE REPLAT 1, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 97, PAGE 50, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT "A"; THENCE
N.89°58'31"W., ALONG THE NORTH LINE OF SAID TRACT "A", A DISTANCE
OF 61.82 FEET; THENCE S32°02'19"W., A DISTANCE OF 28.29 FEET TO A
POINT ON THE SOUTH LINE OF SAID TRACT "A"; THENCE S89°58'31"E.,
ALONG THE SOUTH LINE OF SAID TRACT "A", A DISTANCE OF 76.67 FEET
3 RES. NO. 16-04
TO A POINT ON THE FAST LINE OF SAID TRACT "A"; THENCE N.0°23'14"E.,
ALONG THE EAST LINE OF SAID TRACT "A", A DISTANCE OF 24.00 FEET
TO THE POINT OF BEGINNING.
CONTAINING 1,661 SQUARE FEET MORE OR LESS.
WHEREAS, the City Commission is of the opinion that it would be in the best interest of
the City to transfer Tracts 1 and 5 to the Delray Harbor Club Association, Inc. in exchange for the
Delray Harbor Club Association, Inc. transferring Tract 2 to the City; the City shall transfer Tract 7
to the Florida Inland Navigational District in exchange for the Florida Inland Navigation District
transferring Tract 4 to the City, based upon the terms and conditions set forth in that Real
Property Exchange Agreement between Delray Harbor Club Association, Inc., Florida Inland
Navigation District and the City of Delray Beach.
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 does
hereby authorize the exchange by Special Warranty Deed of the above-described real property
located within the City of Delray Beach as set forth by the terms and conditions of the Real
Property Exchange Agreement between the parties, attached hereto as Exhibit "A" and
incorporated as if fully set forth herein.
Section 2. This Resolution shall be effective immediately upon its passage.
PASSED AND ADOPTED in regular session on this the __ day of March, 2004.
ATTEST:
MAYOR
City Clerk
4 RES. NO. 16-04
EXHIRIT "A"
REAL PROPERTY EXCHANGE AGREEMENT
THIS REAL PROPERTY EXCHANGE AGREEMENT ("Exchange Agreement") is
made and entered into this day of ,2004, by and between
DELRAY HARBOR CLUB ASSOCIATION, INC. ("ASSOCIATION"), FLORIDA
INLAND NAVIGATION DISTRICT, an independent special taxing district authorized
under Florida law, whose mailing address is 1314 Marcinski Road, Jupiter, FL 33477
("FIND"), and the CITY OF DELRAY BEACH, a Florida municipal corporation (the
"CITY").
WITNESSETH:
WHEREAS, the ASSOCIATION is the owner of certain real properties graphically
depicted and legally described as "Tract 2" in Exhibit A attached hereto and made a part
hereof; and
WHEREAS, the CITY possesses rights in end to the above-described Tracts 3 and 4 for
public street purposes, pursuant to the dedications set forth in The Comiche Replat 1, as
recorded in Plat Book 97, Page 50 of the Public Records of Palm Beach County, Florida, and
FIND is the fee simple owner thereof; and
WHEREAS, the City is the fee simple owner of Tracts 1, 5 and 6, as graphically
depicted and legally described in Exhibit A attached hereto; and
WHEREAS, Tracts 5 and 6 are encumbered by a Declaration of Restrictions as
recorded in Official Record Book 12381, Page 682, of the Public Records of Palm Beach
County, Florida (the "Declaration of Restrictions") resulting from FIND's funding of the
CITY's acquisition of such property; and
WHEREAS, as a result of the exchanges contemplated to take place within this
Agreement, the part/es are des/rom of amending said Declaration of Restrictions to substitute
as the deed restricted pmpen'y Parcels 2 and 4 in lieu of Parcel 5 therein effectively releasing
Parcel 5 from such Deed Restrictions; and
WHEREAS, the ASSOCIATION has requested the conveyance of Tracts 3 and 5, free
of the mineral fights reservations as provided for under Florida Statutes Section 270.11; and
WHEREAS, in order to facilitate the ASSOCIATION's development plans with respect
to a new entryway into their adjoining condominium and in order to facilitate the CITY's
development of a public boat ramp project on property the CITY leases from FIND lying to the
East of the above-described tracts, the parties are desirous of entering into this Real Property
Exchange Agreement to exchange rifle to the properties in the manner set forth in this
Agreement among and between the parties in the manner hereina~er described.
NOW, THEREFORE, in eonsideration of the mutual eovenants and promises herein
contained and other good and valuable consideration from one party to the other, the receipt
and adequacy of which is hereby acknowledged, the parties hereby agree as follows.
1. All of the above recitals are mae and correct and are hereby incorporated into this
Real Property Exchange Agreement.
2. The CITY agrees to abandon and vacate the public right-of-way it possesses within
Tract 3 and Tract 4, either by an abandonment proceeding or the replatting process.
3. FIND agrees to convey: (0to the ASSOCIATION all right, rifle, and interest it has
in and to Tract 3, free of the mineral rights reservations provided for in Florida Statutes Section
270.11 by Special Warranty Deed, and (ii) to the CITY all right, title, and interest it has in and
to Tract 4 by Special Warranty Deed. The CITY agrees to convey to the ASSOCIATION all
right, title, end interest the CITY has in and to Tracts 1 and 5, free of the mineral rights
reservations provided for in Florida Statutes Section 270.11, by Special Warranty Deed. The
CITY agrees to convey by Special Warranty Deed fee simple title to Tract 7 to FIND. FIND
agrees to add Tract 7 to that certain Lease Agreement between FIND and the CITY dated
March 8, 2000. The CITY will deliver a Phase I Environmental Assessment with respect to
Tract 7, in substance reasonably acceptable to FIND. Pursuant to Florida Statutes Section
270.11, the parties hereby acknowledge the ASSOCIATION's petition requesting the
conveyance free of mineral rights and reservations on the grounds that there are no known
minerals existing within such Tract and given the size of the Tracts which are being conveyed,
the mining and/or excavation of the same, in light of the development of the surrounding
properties, would not reasonably be expected to occur.
4. The ASSOCIATION agrees to convey to the CITY, by Special Warranty Deed, all
fight, fire and interest the ASSOCIATION has in Tract 2. The CITY agrees to convey fee
simple rifle to the ASSOCIATION in and to Tracts 1 and 5 by Special Warranty Deed.
5. FIND and the CITY hereby agree to execute and record in the Public Records an
Amendment to the Declaradon of Restrictions to subsrimte Tracts 2 and 4 in lieu of Tract 5
under said Declaration of Restrictions.
6. Nothing in this Agreement shall waive the requirement for the ASSOCIATION to
obtain all permits, fees, plans, and/or inspections from the CITY or any other applicable
governmental agency prior to commencing construction on the property received by it as a
result of this Real Property Exchange Agreement, and no assurances are being provided to the
ASSOCIATION that such approval shall be forthcoming.
7. The parties agree to join into and execute such replatring applications and/or
documentation as shall be required to effect the replat of the subject properties in a manner
consistent with the development of the site plan attached hereto as Exhibit B, provided
however, that any acriviries or documentation involved in the replatring will not impact or
impair the property rights that FIND is receiving with respect to its ownership of Tract 7
8. The parties agree to share equally in all recording costs relative to such exchange of
real property, except that the ASSOCIATION agrees to pay all documentary stamp tax due on
such U'ansacrion.
9. The CITY agrees to obtain for the benefit of each of the parties to this Agreement a
Title Insurance Commitment and Policy insuring marketable rifle subject only to those
2
exceptions to title which shall not unreasonably affect marketability in favor of each party to
the extent of the respective Parcel which they are receiving as a result of the subject exchanges.
The schedule of valuation for such Title Insurance Policy shall be as follows:
The City of Delray Beach as insured as to Tracts 2 and 4 - $25,000.00.
FIND as insured as to Tract 7 - $10,000.00.
C. Delray Harbour Club as insured as to Tracts 1, 3, and 5 - $25,000.00.
10. The CITY agrees to bear all expenses relative to this transaction other than
attorneys' fees incurred by the respective parties. These expenses will include but not be
.limited to survey expense, recording expense, replatting to the extent required and title
insurance pursuant to the provisions in the section above.
11. The closing of this transaction shall occur withln sixty (60) days from the date of the
execution hereof, subject to the following conditions precedent having been met:
It is further a condition precedent that the ASSOCIATION shall have
obtained the required requisite unit owner approval to authorize the
exchanges of the real property Contemplated by this Agreement. The
ASSOCIATION having obtained a release of Tract 2 from the terms of
that certain Agreement Not to Encumber or Transfer Property by and
between Delray Harbor Club Association and SunTrust Bank recorded
February 7, 2003, in Official Record Book 14774, Page 591 of the Public
Records of Palm Beach County, Florida, and from the encumbrances of
that certain Covenants and Right of First Re-Purchase recorded in
Official Record Book 14698, Page 1186 of the Public Records of Palm
Beach County, Florida.
The CITY having obtained the release of Tract 5 from the terms of that
certain Declaration of Restrictions recorded in Official Record Book
12381, Page 682 of the Public Records of Palm Beach County, Florida,
and further obtaining consent for the release of said Tract 5 from Palm
Beach County from the t~xms of that certain Palm Beach County Florida
Boating Improvement Program Project Agreement recorded in Official
Record Book 12381, Page 688 of the Public Records of Palm Beach
County, Florida.
The CITY having abandoned the public street right-of-way with respect
to Tracts 3 and 4, as set forth in the Plat of The Corniche Replat 1, as
recorded in Plat Book 79, Page 50 of the Public Records of Palm Beach
County, Florids.
In the event any of the above conditions precedent shall not be accomplished within the
time flame set forth above, unless such time flame shall have been extended by the parties in
writing, this Agreement shall become null and void.
3
12. AUTHORITY. Each party represents that this Agreement has been duly authorized
in accordance with ail requirements of law and governing authority and that the individuals
executing this Agreement have legai authority to do so and to bind the entities to the t~ms of
this Agreement.
13. COUNTERPART/FACSIMILE. This Agreement may be executed in counterpart.
A facsimile copy of this Agreement and any si~atures hereon shall be considered for all
purposes as originals.
14. MODIFICATION. No change, amendment, modification or aiteration of this
Agreement shait be binding upon either party unless it is in writing and signed by both.
15. WAIVER OF BREACH. The waiver by either party of a breach of any portion of
this Agreement by the other shall not operate or be construed as a waiver of any subsequent
breach.
16. NOTICES. Any notices to be given hereunder by either party to the other shall be
effected either by personal delivery in writing or by mail, registered or certified, postage
prepaid, with return receipt requested. Notices delivered personally shall be deemed
commurficated as of actuai receipt; mailed notices shall be deemed communicated as of four (4)
days after mailing.
17. INCLUSION OF ENTIRE AGREEMENT HEREIN. This Agreement supersedes
any and ail other agreements, either oral or in writing, between the parties hereto with respect
to the subject matter hereof and contains ail of the covenants and agreements between the
parties with respect to such relation in any manner whatsoever.
18. LAW GOVERNING AGREEMENT. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida.
19. ATTORNEYS' FEES AND COSTS. If any action at law or in equity is necessary to
enfome or interpret the te~ms of this Agreement, the prevailing party shail be entitled to
reasonable attorneys' fees, expenses, costs of appeal and necessary disbursements in addition to
any other relief to -which it may be entitled.
20. ASSIGNMENT. The rights and benefits of this Agreement shall not be assignable
by any party withom the written consent of the other.
IN WITNESS WHEREOF, the parties hereto have executed this Reai Property
Exchange Agreement the day and year first above written.
Attest:
DELRAY HARBOR CLUB ASSOCIATION,
INC.
By: By:
4
Attest: CITY OF DELRAY BEACH
By:
Attest:
By:
FLORIDA INLAND NAVIGATION DISTRICT
By:
By:
5
LEGAL NOTICES
LEGAL NOTICES
Chy to ex~ real properb, f~r Ibe
LEOAt NOTICES