Res 53-72 RESOLUTION NO. 53-72
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, Charles E. Schmidt has consented 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 Charles E. Schmidt for
the use of his land as set forth in the attached agreement and
be it further resolved that there be expressed to Mr. Charles
E. Schmidt, the appreciation of the City Council for his co-
operation in this matter.
PASSED AND ADOPTED this 13th day of.November, 1972.
ATTE ST. -
City Clerk
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AGREEMENT
WHEREAS, CHARLES E. SCHMIDT is the owner of land in Palm
Beach County, Florida, more particularly described below, and the CITY OF
DELRAY BEACH, a municipal corporation of the state of Florida, needs a
temporary road across said land;
WHEREAS, CHARLES E. SCHMIDT and said city have agreed upon a
temporary use permit for a road across said land of CHARLES E. SCHMIDT
in favor of said city;
NOW, THEREFORE, be it agreed between CHARLES E. SCHMIDT
and said city this ~ '~ day of November, 1972:
1. CHARLES E. SCHMIDT, 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 CHARLES E. SCHMIDT in Palm Beach County,
Florida, more particularly described as follows:
The South 355 feet of the North 695 feet, and the South 62 feet
of the North 340 feet of the East 450 feet of the West 475 feet,
of Northeast Quarter of the Northeasl Quarter of Section 29,
Township 46 South, Range 43 East; lying West of the Florida
East-Coast R. R/R. W.
2. The temporary use permit for a road over said land of CHARLES
E. SCHMIDT is for the use and benefit of said city.
3. CHARLES E. SCHMIDT can terminate this Agreement by giving
the city 30 days' notice. Such notice shall be in writing directed to the City
Manager 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 CHARLES E.
SCHMIDT, his agents, employees, successors and assigns from all liability,
lien, judgment, cost, damage and expense of whatsoever kind and nature
which may in any way be suffered by CHARLES E. SCHMIDT, or his agents,
employees, successors or assigns by reason of, or in consequence of the
operation of said temporary use permit for a road by City or for, or on
account of any act or thing done or suffered, or omitted to be done, under
the granl of this temporary use permit for a road by City.
5. This agreement shall inure to and bind the heirs, executors,
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administrators, successors and assigns of the parties.
IN WITNESS WHEREOF, the parties set their hands and seal.
CITY OF DELRAY BEACH
Att est:
' ~C"i~y Clepk
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
Before me personally appeared J. ELDON IVIARIOTT and HALLIE E.
YATES, 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 DELRAY 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
the seal affixed to the foregoing instrument is the municipal seal of said
municipality and that it was affixed to said instrument by due and regular
municipal authority, and that said instrument is the free act and deed of
s aid municipality.
WITNESS my hand and official seal, this ~ ~ Z],, day of November,
1972.
NOJ;(~rY Public, state of Florida/
My commission expires:
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
Before me personally appeared CHARLES E. SCHMIDT, 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, State of Floridg
My commission expires:
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