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Res 1486-64
RESOLUTION NO. 1486 A RESOLL~fIC'N OF THIS CITY COUT~CIL OF T~fE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR EXCI~NGE OF CiTY OWNED LAND FOR OTHER LANDS MORE SUITED P0R MUNICIPAL USE. %[HEREAS, the City of Delray Beach, a municipal corpora- tion of the State of Florida, is the owner of the following described land, to wit: Lot 22, Block 4©, DELRAY BEACH, formerly Town of Linton, Florida, as per Plat recorded in Plat Book 12, page 71, of the Public Records of Palm Beach County, Florida which land, in the opinion of the City Council, is not needed for municipal purposes; and WHEREAS, HASTEN J. JOHNSON and WILLA V. JOHNS0_~, his wife, are the owners of the following described lands, to wit: Lots 5~ and 56 SUNDY A~,[D TENBR00N ADDITION as per Plat recorded in Plat Book 12, page 32, of the Public Records of Palm Beach County, Florida. TOGETHER WITH a dwelling now located on Lot 49, SUN]DY AND TENBROOK ADDITION, as per Plat recorded in Plat Book 12, page 32 of the Public Records of Palm Beach County, Florida. which lands the City desires to acquire for municipal purposes; 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 ttASTEN J. JOHNSON and WILLA V. JOHNS0}[, ~is 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; NOW, TidERE~'0RE, BE IT RESOLVA~I BY THE CITY COUNCIL OF THE CITY OF DELPKY BEA~, FLORIDA, AS FOLLOWS: 1. That the aforesaid parcel of land owned by the City -1- of Delray Beach be exchanged for the property above described owned by H~STEN J. JOHNSON and WILLA V. JOHNS01~.~, 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 resolved that the appropriate rrJunicipal officials are hereby authorized and directed to enter into appropriate contracts and execute deeds of conveyance in compliance with th~_s Resolution. PASSED and ADOPTE~ by the City Council of the City of Delray Beach, Florida, this the ~.$th day of $?ptember , 1964. Attest: City Clerk.../ EXCHANGE AGREEMENT WITNESS that HASTEN J. JOHNSON and WILLA V. JOHNSON, 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 ~ and 56 SUNDY AND TENBR00K ADDITION as per Plat recorded in Plat Book 12, page 32, of the Public Records of Palm Beach County, Florida. TOGETHER WITH a dwelling now located on Lot 49, SUNDY AND TENBR00K ADDITION, as per Plat recorded in Plat Book 12, page 32 of the Public Records of Palm Beach County, Florida. for the property of the CITY 0F DELRA¥ BEACH, a Florida muni- cipal corporation, hereinafter called the "City", said property situated in the County of Palm Beach, State of Florida, to wit: Lot 22, Block 40, DELR~Y BEACH, formerly Town of Linton, Florida, as per Plat recorded in Plat Book 12, page 71, of the Public Records of Palm Beach County, Florida. 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 Five Thousand Three ~undred and Fifty (~,3~0.00) 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 anm this transaction shall be concluded on or before October 15, 1964. 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 -1- 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) 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. (6) The City will assume and pay all normal closing costs including State and Federal Documentary Stamps on both deeds, recording costs for both deeds, title insurance and the attorney fees for drafting all instruments. (7) Ail 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 422 Southwest Third Avenue, Delray Beach, Florida. (8) This instrument shall become effective as a con- tract when signed by the City and the parties?of the first part. / WITNESS our hands and seals this day of ." ... 1964. Witnesses as to first parties: Parties of the first part: -2- ACCEPTANCE The City hereby accepts the foregoing offer upon the terms and conditions stated, this 28th day of September , 1964. CITY OF DELRAY BEACH '-' -- Mayor Attest: City Clerk// Approved as to form: City Attorney 'DELRAY BEACH NEWS JOURNAL Published Semi. Weekly Delray Beach, Palm Beach County, Florida PROOF OF PUBLICATION ffI'ATE OF FLORIDA · COUNTY OF PALM BEACH ) who on oath says .that he/she is ......~/..~...~~~ ...... of The Delray Beach News~Journal, a semi-weekly newspaper published at .~eqr~¢ B~tck il! P~I~_ Beach Coun~3r, Florida; that the attached CglaF of adverti$gment,q..~/-~/ /.~ being ~/~~~2-..~~~ ........... in the .............. p ................... .; ........................................ ~Court~ was lgublishe~l iff/said newspaper in the ...... ........ .................................................... Affiant furthe said Delray Beach News-Journal is a news~ver~°~ publio,,ed~ at Delmy Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, each week and has been entered as second elam 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 affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the~l~se of securing this adver- MY COMMISSIO# EXPIRES OCT. 25, PUBLIC NOTICE NOTICE is hereby given that the City of Delray Beach, Florida, is of the opinion that the City holds and possesses certain real property, not needed for municipal purposes which may be exchanged for other real proDerty to be used as a nursery site. The City intends to exchange the following described property situated in the County of Palm Beach and State of Florida, to wit: Lot 22, Block 40, DELRAY BEACH, formerly Town of Linton, Florida, as per Plat recorded in Plat Book 12, page 71, of the Public Records of Palm Beach County, Florida. for the property of HASTEN J. JOHNSON and WILLA V. JOHNSON, his wife, hereinafter called the party of the second part, whose address is P. O. Box 939, Delray Beach, Florida, said property situated in the County of Palm Beach, State of Florida, to wit: Lots 55 and 56 SUNDY AND TENBROOK ADDITION as per Plat recorded in Plat Book 12, page 32, of the Public Records of Palm Beach County, Florida. TOGETHER WITH a dwelling now located on Lot 49, SUND¥ AND TENBROOK ADDITION, as per Plat recorded in Plat Book 12, page 32 of the Public Records of Palm Beach County, Florida. The terms of the proposed exchange of real property are as follows: (1) Neither property will be subject to encumbrances of record and the City will pay HASTEN J. JOHNSON and WILLA V. JOHNSON, his wife, an additional con- sideration in the amount of Five Thousand Three Hundred Fifty ($5,350.00) Dollars and will pay all normal closing costs incurred by both parties. (2) No real estate commissions are involved in this transaction. (3) Each party shall furnish title insurance policies to the other on the lands conveyed. (4) All contracts, deeds and other legal documents shall be prepared and handled by the City Attorney at the City's expense. DATED this f~/~day/J- of September, 1964. Publish: Delray Beach News-Journal (~_.._. 1964, by and betw~.en the Cifk potation lu Palm Beach County, Plorida, hereinafter called the City, ~nd MILTO~ J. ~007~, ~e~ ~Ina~ter called the Les~ee~ ~~o,,~_~>, t~ie p~rties ~ereto entered into ~ lease on the ~-~ da~ of April, 19~5, coverln~~ tile follow!hr described pro- party: Lots 29, 30, ]8, ?, ~0, 4i, 48 au~ 49 of SUNDY-TEMBR00K TiON, City of ?elra~ Beach, Florida, accor~In~j to the plat thereof on file io t~ie C?Yice of the ~..~l.~ult Court in and For Pal~:0 Beaeh'Co~ty, Florida, as recorded in Plat Book 12, pag~ )2. and ~a~.~,,~o, s~lO lease agreement was modified on 't~e l~th day of Sept~ber, 1981, csncellln~ the o~lgtnal lease as to the aforede~cribed property, but allowin~ the Lessee to dwelli~, house to be located on Lot 29 of the above described property; eno W~P[~S, the City has subsequently acquired title to said dwelling house, NOW, ~{EDh~Oh~, in consideration of the covenants pro- vided ~erein, the p~rti~s hereto agr~e as follows: 1. ~Iaai certai~ lease dated April 12, 19L~, by and betwoon the City of Delray Beach as Lessor and Milton J. Boons, as Lessee, and =odified by that certain Lease .~greement dated Seotember 15, 1961, is hereby cancelled. IN WITNESS W.H~EOF, the Lessor has caused this Cancella- tion of Lease to be executed by its Mayor and attested by the City Clerk and the City Seal to b= affixed thereto on the day and ~ear first above writteD, end the Lessee has executed this Can- e~,lla,,~.~, on the d~v,~ s~d y,a.. ~ ~ above ~Itteu. Stgnec~, sealed sn~'~d~ivered .. :~_~ M!i%o~ J. BoOne Approved as~o Form:'~ J ~7 ~o~no~ ......