Res 52-72 RESOLUTION NO. 52-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, PERTAINING TO AN
AGREEMENT FOR A TEMPORARY USE PERMIT FOR A
ROAD OVER CERTAIN LANDS FOR ACCESS TO THE
TRANSFER PLANT.
WHEREAS, the City, as a result of the Florida East
Coast Railway closing the road to the Transfer Plant, needs a
temporary road to the Transfer Plant until a permanent road
can be installed, and
WHEREAS, Robert M. Kinkead, as Trustee for Richard
G. Manthey, Robert M. Kinkead and Mary G. Manthey, has con-
sented to the use of his land by the City for a temporary
road at no cost to the City.
NOW, THEREFORE, be it resolved by the City Council
of the City of Delray Beach, as follows:
That the City Manager and the City Clerk are auth-
orized to enter into an agreement with with Robert M. Kinkead,
as Trustee, for the use of his land as set forth in the attached
agreement and be it further resolved that there be expressed to
Mr. Robert M. Kinkead, as Trustee, the appreciation of the City
Council for his cooperation in this matter.
PASSED AND ADOPTED this 13th day of November, 1972.
ATTEST:
City Clerk
M'ani.~ey, ~[tober~: M. Kinkead and Mary O. Ma::t~ey, is the owner' of la~d
iu Palru t~each Count'y, Florida, more particuJ.ar']y described be].ov..', and
CFFY ()~' t)]~;LRAY B]~]ACH, a municipal corporation of the slate of
r~c. eds: a temporar~ roac! acro~s snid
WHERt~AS, ROBi'~RT M. KINKEAD, Trustee, and said city have
a~r'eed upon a temporary use permit for a road across said land of t~OBk~RT
M. KINKEAD, Trustee, in favor of said city;
NOW, TH~R.~FO~E, be it ~greed between ROB~hT M.
Trustee, and said city this ]~ day of November, 1972:
1. ~OBE~T M. KINKEAD, Trustee, in consideration of the
agreement hereinafter made by said city, gives to said city a temporary
use permit for a road over the land of ~OBE~T M. KINKEAD, Trustee in
Palm Beach County, Florida, more particularly described as follows:
The South 287 feet of the North 340 fee~ of Northeast Quarter,
of Northeast Quarter, ¥-ing !Vest of F. E. C. h.R R/W. I, ESS
the West 475 feet, Section 29, Township 46 South, ~ange 43
East.
2. The temporary use permit for a road over said land of ROBERT M,
KINKEAD, Trustee, is for the use and benefit of said city.
3. ROBERT M. KINKEAD, Trustee, can terminate this Agreement by
giving the city 30 days' notice. Such notice shallbe inwriting directed to tt~e
City Mar, ager of the city. The 30 days shall commence upon receipt of said
notice by the City Manager.
4. City agrees to indemnify, save and keep harmless ROBY]t~T M.
KINK][]~D, Trustee, his a~'e~ts, employees, suceessor's and assJgr~s t'rom all
liability, lien, judgment, cost, damage and expense of whatsoever kind and
n~ure which may in any way be suf'fer'ed by tlO!~Y]~T M. KINKEAD, Trustee,
or his a~enis, employees, e~uccessors or assi.gns by reason o[, or in
co~sequenc~~ o~ the opera[io~ of ~:aJcI temporary t~se per'mi[ i'or ~:~ road by
,'~-<',, · of the parties.
the parties set their bands and se~].
C~Y OF D E~.RAY BEACH
-' :' Robert M. Kinkead and Mary G. Manthey
STATE OF FLORIDA
COUNTY OF PALM B ]:.AC H ')
Before me personally appeared J. ELDON MARIOTT and HALLIE
YAT]:]S, to me known, and known to me to be the individuals described in and
who executed the foregoing instrument as City Manager and City Clerk of the
above named CITY OF DF~J_,HAY BEACH, a municipality, and severally
acknowledged to and before me that they executed such instrument as such
City Manager and City Clerk, respectively, of said municipality, and that
~he seal affixed to the foregoing instrument is the municipal seal of said
municipality and [hat it was aff~ed to said instrument by due and regular
mu~cipal authority, and that said instrument is the free act and deed of
said municipality.
WITNESS my hand and official seal, this /~ day of November',
1972.
, , . ~ 7~._
N~'y P~blic, State of Flo¥ida
/ ,/ ~ ~, ~,, ,, II
My commission expires: ~0,,, .....
STAT ~ O~ P LORIDA )
COUNTY OP PALM B~ACH )
Before me personally appeared ROBERT M. KINK]:AD, as Trustee for
I~ichard G. Manthey, Robert M. Kinkead and Mary G. Manthey, to me well
known and known to me to be the person described in and who executed the
foregoing instrument for the purposes therein expressed.
WITNESS my hand and official seal, this ~~ day of November,
1972.
Notary Public, ScaLe of ~rida
My eom mis sion expires: NOTARY PUBL!~. eraTF of FI O~IBA at LARGE
~;~ A;PT_ 12. 197,
BONDED THRU FRE5 W.
-2-