Res 1479-64 RESOLUTION NO. 1479.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OP DELRAY BEACH, FLORIDA, PROVIDING
FOR EXCHANGE OF CITY OWNED lAND FOR OTHER
LANDS MORE SUITED FOR MUNICIPAL USE.
WHEREAS, the City of Delray Beach, a municipal corpo-
ration, is the owner of the following described land, to wit:
The South sixty (60) feet of Lot 17, Block 92,
Delray Beach (formerly Town of Linton) Flori~a
according to the plat of the re-subdivision of
Blocks 91 and 92 and the West Half of Block 99
recorded in the office of the Clerk of the Cir-
cuit Court in and for ~alm Beach County, Florida,
in Plat Book 2 at page 21.
which land, in the opinion of the City Council, is not needed
for municipal purposes~ and
W~EREAS, walter W. Cook and Zula S. Cook, his wife, are
the owners of the following described lands, to wit:
Lots 24 and 25, Block 92, Delray Beach (formerly
Town of Linton} Florida, according to the plat
of the re-subdivision of Blocks 91 and 92 and the
West Half of Block 99, recorded in the office of
the Clerk of the Circuit Court in and for Palm
Beach County, Florida, in Plat Book 2 at page 21.
which lands the City desires to acquire for municipal purposes~
and
WHEREAS, the City of Delray Beach, Florida, has deter-
mined by competent real estate appraisers, the respective pro-
perty values~ and
WHEREAS, in the opinion of the City Council, it is for
the best interests of the City that the land above described
owned by it be exchanged for the lands above described owned by
Walter W. Cook and Zula S. Cook, his wife~ and
WHEREAS, a notice setting forth the terms and conditions
of the above described exchange of real property was published
once a week for two weeks in the Delray Beach News Journal as
required by Section 7 (2) (b) (1) of the Charter of the City of
Delray Beach, Florida~
Page 2. Resolution No. 1479.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That the aforesaid parcel of land owned by the City
of Delray Beach be exchanged for ~he property above described
owned by Walter W. Cook and Zula S. Cook, his wife. That the
terms of said exchange shall be as set forth in that proposed
exchange agreement which is attached hereto.
2. That it is further resolve~ that the appropriate
municipal officials are hereby authorized and directe~ to enter
into appropriate contracts and execute deeds of conveyances in
compliance with this Resolution.
PASSED and ADOPTED by the City Council of the City of
Delray Beach this the 13th day of April , 1964.
MAYOR
ATTEST:
DELRAY BEACH NEWS-JOURNAL
Published Semi. Weekly
Delray Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
~rATE OF FLORIDA
News-Journal, a semi-weekly newspaper published at~ ~fl~'~Bea ~e~h in Palr~ Beach County, Florida;
7tth?m~af hoed~/~Y.~..~e~~ ..............
...... ............... ':..:: ....... ::::::::::::::::::::: .................... ....;;':;:
Beach, in said Palm Beach County, Florida, and that the said newspaper has heretolore beem
continuously published in said Palm Beach County, Florida, each week and has been entered
as second class mail matter at the post office in Delray Beach, in said Palm Beach County,
Florida, for a period of one year next preceding the first publication of the attached copy of ad-
vertisement; and afliant further says that he has neither paid nor promised any person, firm or
corporation an.v diseomat, rebate, commission or refund for the purpose of securing this adver-
tisement for pablieation in the said newspaper.
XOlJl~'~ PU~L~/, SlAIE 01: tLO~DA 11' LA~6£
EXCHANGE AGRE~I~NT
WITNESS that WALTER W. COOK and ZULA S. COOK, his
wife, hereinafter called the parties of the first part, hereby
offer to exchange the following described property situated in
the County of Palm Beach and State of Florida, to wit:
Lots 24 and 25, Block 92, Delray Beach (formerly
Town of Linton) Florida, according to the plat
of the re-subdivision of Blocks 91 and 92 and the
West Half of Block 99, recorded in the office of
the Clerk of the Circuit Court in and for Palm
Beach County, Florida, in Plat Book 2 at page 21.
for the property of the CITY OF DELRAY BEACH, a Florida muni-
cipal corporation, hereinafter called the "City", said property
situated in the County of Palm Beach, State of Florida, to wit:
The South sixty (60) feet of Lot 17, Block 92,
Delray Beach (formerly Town of Linton) Florida
according to the plat of the re-subdivision of
Blocks 91 and 92 and the West Half of Block 99
recorded in the office of the Clerk of the Cir-
cuit Court in and for Palm Beach County, Florida,
in Plat Book 2 at page 21.
The terms of the proposed exchange of real property
are as follows:
(1) The City will pay the parties of the first part
the additional consideration of Twenty-eight
Thousand ($28,000.00) Dollars.
(2) Each party shall furnish the other party with
title insurance for the property to be con-
veyed. The preliminary commitment for the title
insurance shall be delivered to the other party
or their agent within ten days from the full exe-
cution of this contract and shall be certified
to a date subsequent thereto and shall show a
good, marketable and insurable title of record
in the respective parties, subject only to
governmental zoning restrictions and the usual
utility easements and the usual building and
land-use restrictions or reservations not ac-
companied by a right or possibility of reverter.
(3) Each party shall have ten days after receipt of the
preliminary commitment for title insurance for
examination of title and the making of objections
in writing, Failing such objection within such
period, each party shall be deemed to accept the
title as meeting the requirements hereof and this
transaction shall be concluded on or before
May l, 196~. If objections to title are so made
the party with the clouded title shall have sixty
days from the making of same to remove them, and
he hereby agrees to use reasonable diligence in
curing said defects, and upon the defects being
cured and notice of that fact being given to the
objecting party or his said agent, this transac-
tion shall be closed within fifteen days of
delivery of said notice unless otherwise herein
provided. Upon failure or inability to correct
the unmerchantability of the title within the
time limit or a reasonable time, each party shall
have the option to accept the title in its exist-
ing condition or may terminate this agreement.
(4) Conveyance of title by the parties of the first
part shall be by general warranty deed, free and
clear of all encumbrances and liens of whatsoever
nature. Conveyance of title by the City shall be
by the usual City of Delray Beach deed and both
deeds shall be prepared at the expense of the
City.
(5) Although this transaction will be closed on or be-
fore May 1, 1964, the parties of the first part
shall have the right to occupy the building
located on the premises they are conveying until
September l, 196#, unless sooner abandoned.
(6) The parties of the first part shall have no sal-
vage rights to the building located on the pre-
mises which they are conveying, and in considera-
tion thereof, the City will agree to assume any
closing costs which they would be obligated to pay
in excess of $200.00.
(7) The existing insurance on the property to be con-
veyed by the parties of the first part shall be
carried by the owners until the date the premises
are abandoned. Taxes shall be prorated as of the
date of closing, based on the year 1963.
(8) All notices and tenders herein mentioned shall be
served, made and received as to the City at the
office of John Ross Adams, City Attorney, 29 N. E.
Fourth Avenue, Delray Beach, Florida, and as to
the parties of the first part at the office of
C. C. Cook & Co., 30 N. E. Fourth Ave., Delray
Beach, Florida.
(9) This instrument shall become effective as a con-
tract when signed by the City and the parties of
the first part. If not executed by all parties on
or before April 15, 1964, this agreement shall be-
come null and void unless said date be extended in
writing by both parties.
~'ITNESS our hands and seals this 2~ day of April,
19e .
Witnesses as to first parties: Parties of the first part:
Walter W. Cook
-2-
ACCEPTANCE
The City hereby accepts the~going offer upon the
terms and conditions stated, this /~ day of April, 1964.
CITY OF DELRAY BEACH
Mayor
Attest:
City ~~--~'
Approved as to form:
City Attorney
-3-
HELR!
D ELRAY E H, FLORIDA
May 18, 1964
Mr. Robert D. Worthing
City Clerk
City Hall
Delray Beach, Florida
Re: Purchase of Lots 24 and 25,
Block 92, Delray Beach, Florida
Dear Mr. Worthing:
In connection with the above property which the City acquired
by virtue of an exchange with Mr. and Mrs. Walter W. Cook,
I enclose herewith the following:
1. Warranty deed dated April 21, 1964, recorded April 22,
1964, in Official Record Book lO15, page 62, Palm
Beach County public records.
2. Title Policy No. 1593-0G 207477 from Lawyers' Title
Guaranty Fund in the amount of $35,500.00.
Closing statement.
4. Original exchange agreement.
5. Resolution No. 1479 authorizing the exchange.
6. Abstract of title covering the above property through
April l, 1940.
Kindly acknowledge receipt of the foregoingenclosures by sign-
ing the enclosed copy of this letter and returning it to me.
Yours very truly,
ty Attorney
JRA:mk
Enc: