Res 02-79 RESOLUTION NO. 2-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH,- FLORIDA, CONSENTING TO THE VACATION AND ABANDON-
MENT OF THE JEFFERSON MANOR DRAINAGE EASEMENT, BY PALM
BEACH COUNTY, FLORIDA.
WHEREAS, Southern Leaseholds, Inc. is in the process of purchasing
from the ~ity of Delray Beach, the South 1/2 of the NE 1/4 of SW 1/4 of
SW 1/4 of Section 8, Twp. 46 S., Rge. 43 E., less right-of-way of Lake Worth
Drainage District E-4 Canal, and subject to a drainage easement covering the
North 50 feet and the East 50 feet of said South 1/2 of NE 1/4 of SW 1/4,
and That part of the NW 1/4 of the SW 1/4 of the SW 1/4 of Section 8, Twp.
46 S., Rge. 43 E., lying East of the right-of-way of Lake Worth Drainage
District E-4 Canal and North of the right-of-way of Lake Ida Road, and That
part of the SE 1/4 cf the SW 1/4 of the SW 1/4 of Section 8, Twp. 46 S.,
Rge 43 E., lying North of the right-of-way of Lake Ida Road, subject to a
drainage easement covering the East 50 feet thereof; and,
WHEREAS, James W. Geiger, agent for Southern Leaseholds, Inc., is in
the process of petitioning the County of Palm Beach, Florida, for vacation
and abandonment of a 50 foot easement known as the Jefferson Manor Drainage
Easement; and,
WHEREAs, said agent has petitioned the City of Delray Beach for con-
sent to that vacation and abandonment; and,
WHEREAS, Southern Leaseholds, Inc. has agreed to provide for alternate
means of drainage for the property served by ~e existing easement; and,
WHEREAS, the Engineering Department and the Planning and Zoning Board
of the City of Delray Beach recommends consent to the vacation and abandon-
ment of the Jefferson Manor Drainage Easement,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Ordinance No. 71-3 of Palm Beach County,
and Chapter 166 of the Florida Statutes, it is hereby determined to consent
to the vacation and abandonment of the following described drainage easement
The North fifty feet and the East fifty feet of the
South half of the Northeast Quarter of the Southwest
Quarter of the Southwest Quarter of Section 8, Town-
ship 46 South, Range 43 East and;
The East fifty feet of that part of the Southeast
Quarter of the Southwest Quarter of the Southwest
Quarter of Section 8, Township 46 South, Range 43
East, lying North of Lake Ida Road and;
The East fifty feet, and the South fifty feet of the
East one hundred and sixty feet, of that part of the
East one hundred and eighty-seven feet of the South-
east Quarter of the Southwest Quarter of the South-
west Quarter of Section 8, Township 46 South, Range
43 East, lying South of Lake Ida Road.
Section 2. That the consent herein is subject to and conditioned upon
the agreement b~tween Southern Leaseholds, Inc. and the City of Delray Beach
dated January 8, 1979 , which is attached hereto and made a part
hereof as Exhibit "A".
1979. PASSED AND ADOPTED in regular sessio~Vth day of January,
ATTEST:
Clerk
AGREEb~NT
~IIS AGREEMENT made this 8thday of January , 197 9 ,
between SOUTHERN LEASEHOLDS, INC. and TIlE CITY OF DELRAY BEACII, FLORIDA;
WHEREAS, THE CITY OF DELRAY BEACH has contracted to sell certain
real property to SOUTHERN LEASLq{OLDS, INC., which property is subject to
the Jefferson Manor Drainage Easement, as shown on Exhibit 1 attached
hereto and incorporated by reference, and which property is described as
follows:
South 1/2 of NE 1/4 of SW 1/4 of SW 1/4 of Section 8,
Twp. 46 S., Rge. 43 E., less right-of-way of Lake Worth
Drainage District E-4 Canal, and subject to a drainage
easement covering the North 50 feet and the East 50
feet of said South 1/2 of NE 1/4 of SW 1/4 of SW 1/4,
and
That part of the NW 1/4 of the SW 1/4 of the SW 1/4 of
Section 8, Twp. 46 S., Rge.. 43 E., lying East of the
right-of-way of Lake Worth Drainage District E-~ Canal
and North of the right-of-way of Lnke Ida Road
and
That part of the SE 1/4 of the SW 1/.4 of the SW 1/4
of Section 8, Twp. 46 S., Rge. 43 E., lylng North of
the right-of-way of Lake Ida Road, subject to a
drainage easement covering the East 50 feet thereof,
and
WHEREAS, SOUTHERN LEASEHOLDS is in the process of submitting a
proposed plat of certain real property to the CITY OF DELRAY BEACH, which
plat includes the property being purchased from the City as aforesaid,
and whereas SOUTHERN LEASEHOLDS has petitioned the City for a resolution
consenting to Palm Beach County's abandonment of the Jefferson Manor
Drainage Easement,
NOW THEREFORE, in consideration of mutual promises, it is
understood and agreed as follows:
1~' SO~lqlERN LEASEHOLDS acknowledges that the purpose of or
function of the Jefferson Manor Drainage Easement is to provide a drainage
serving as an outfall of the area South of Lake Ida Road as shown on
Exhibit 1, and as set forth in the November 13, 1978 Memorandum from
Gerald B. G~urch, Delray Beach City Engineer, to J. Eldon Marriott,
:Delray Beach City Manager.
EXHIBIT "A"
' 2~ SOUTHERN LEASEHOLDS agrees that the development plan to
be submitted to the CITY OF DELRAY BEACH shall provide for an alternate
route to accomodate the aforementioned outfall needed in lieu of t'he
existing storm drainage ditch of Jefferson Manor Drainage Easement, said
alternative to be in a manner acceptable to the Delray Beach City
Engineer, and to John Grant Associates, the engineering firm for the
developer ~
3. It is understood that until the alternative route has
been e~fected by the developer, the City shall retain the continued
right to utilize the present storm drainage ditch as an outfall for the
area South of Lake Ida Road.
4.' The parties intend that this agreement shall run with the
land, and is binding upon and inure to the benefit of the heirs, personal
representatives, successors and assigns of the parties.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on
the day and year first above written.
Witnesses:
/7/-----~x z-r'-.J~/-~.-~---. SOUTH?RN'.LEASEHOLDS, [[NC., a Florida
cITY OF DELRAY BEACH
BY (S~AL)
STATE OF FLORIDA
I HEREBY ACKNOWLEDGE that on this day .before me, an officer duly
qualified to take acknowledgments, personally appeared JAMES W. GEIGER, SECRETARY OF
SOUTHERN
LEASEHOLDS~ INC. , to me known to be the person described in and who
executed the foregoing instrument and acknowledged before me that he executed
the same.
WITNESS my hand and official seal in the County and State laSt ~ ·
aforesaid this day of
,~O[A;Y ~U~LIC SIAl[ OF FLORIDA AT LARG:'
lay COA~ISSION EXPI~S APRIL 22 1080
STATE OF FLORIDA
COUNTY OF
I HEREBY ACKNOWLEDGE that on this day before me, an officer duly
qualified to take acknowledgements, personally appeared J. ELDON MARRIOTT,
CITY OF DELRAY BEACH CITY MANAGER, to me known to be the person described
in and who executed the foregoing instrument and acknowledged before me
that he executed the same.
· WITNESS my hand and official seal in the. County and State last
aforesaid this __ day of , 197 .
My commission expires:
Notary I~blic
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