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Res 1466-63 RESOLUTION NO. 1466. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR EXCHANGE OF CITY OWNED LANDS FOR O~'HER LANDS MORE SUITED FOR MUNICIPAL USE. WHEREAS, the City of Delray Beach, a municipal corporation, is the owner of the following described lands, to wit: That part of Lot 10, Block 1 of Model Land Company's Subdivision of W½ of Sec. 21-46-43 per Plat Book 1, page 128 bounded as follows: On the North by the South right-of-way line of S. E. 10th Street~ on the West by the Easterly right-of-way line of State Road No. 5 (South- bou.~d); on the South by th~ Westerly extension of the South line of Lot 25, Block 2 of said Subdivision; and on the East by the East line of said Lot 10, Block 1; AND That part of Lot 25, Block 2 of Model Land Company's Subdivision of W½ of Sec. 21-46-43 which lies West of the Westerly right-of-way line of State Road No. 5 (Northbound) and South of the South right-of-way line of S, E. 10th Street. (Above right-of-ways as shown on State of Florida, State Road Department, Right-of-Way Map, Section No. 9301-206, Road No. 5, Palm Beach County) which lands, in the opinion of the City Council, are not needed for municipal purposes; and WHEREAS, Pauline M. King is the owner of the following described lands, to wit: Lots 10 and 11, Block 117, Delray Beach, Florida and all improvements thereon, less the W 5 feet thereof Lots 8 and 9, Block 117, Delray Beach, Florida, (vacant), less the West 5 feet thereof South 7 feet of Lot 6, and all of Lot 7, less the West 5 feet thereof, Delray Beach, Florida, Block 117, and all improvements thereon. which lands the City desires to acquire for municipal purposes; and WHEREAS, the City of Delray Beach, Florida, has determined by competent real estate appraisers, the respective property values; and WHEREAS, in the opinion of the City Council, it is for the best interests of the City that the lands above described owned by it be exchanged for the lands above described owned by Pauline M. King; and W~EREAS, a notice setting forth the terms and cond~.tions of the above described exchange of real property was published once a week RESOLUTION NO. 1466 - Page 2 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, 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 the property above described o%~ed by Pauline M. King. 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 munici- pal officials are hereby authorized and directed 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 12th day of December, 1963. MAYOR ATTEST: EXCHANGE AGREEMENT WITNESS that PAULINE KING, a widow, 3400 Inverness Drive, Chevy Chase 15, Maryland, hereinafter called the paz'ty of the first part, hereby offers to exchange the following des- cribed property situated in the 'County of Palm Beach and State of Florida, to wit: Lots l0 and ll, Block ll7, Delray Beach, Florida and all improvements thereon, less the W 5 feet thereof Lots 8 and 9, Block ll7, Delray Beach, Florida, (vacant), less the West 5 feet thereof South 7 feet of Lot 6, and all of Lot 7, less the West 5 feet thereof, Delray Beach, Florida, Block ll7, and all improvements thereon. 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: That part of Lot 10, Block I of Model Land Company's Subdivision of W~ of Sec. 21-46-43 per Plat Book l, page 128 bounded as follows: On the North by the South right of way line of S.E. 10th Street; on the West by the Easterly right of way line of State Road E'o. 5 (Southbound); on the South by the 'Westerly extension of the South line of Lot 25, Block 2 of said subdivision; and on the East by the East line of said Lot 10, Block l; AND That part of Lot 25, Block 2 of Model Land Company's Subdivision of V~ of Sec. 21-46-43 which lies West of the Westerly right of way line of State Road No. 5 (Northbound) and South of the South right of way line of S. E. 10th Street. (Above right of ways as shown on State of Florida, State Road Department, Right of Way Map, Section No. 9301-206, Road No. 5, Palm Beach County) THE TERMS AND CONDITIONS OF THIS EXCHANGE SHALL BE AS FOLLOWS: (1) The properties have been determined to be of equal value ($62,500.00) and therefore it will be an even exchange. (2) Neither property is subject to encumbrances of record and therefore there is no difference in the respective equities. (3) Each party at its expense shall furnish the other party with title insurance for the property to be conveyed. The preliminary commitment for the title insurance shall be delivered to the other party or their agent within ten days from the full execution of this contract and shall be certi£ied to a date subsequent thereto and shall show a good~ marketable, and insurable title o£ record in the respective parties, subject only to governmental zoning restric- tions and the usual utility easements and the usual building and land-use restrictions or reservations not accompanied by a right or possibility o£ reverter. Each party shall have ten days after receipt o£ the preliminary commitment £or title insurance £or examina- tion o£ title and the making o£ objections in writing, Failing such objection within such period, each party shall be deemed to accept the title as meeting the requirements hereo£ and this transaction shall be concluded on or be£ore December 15, 1963. If objec- tions 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 a~rees to use reasonable diligence in curing said defects, and upon the defects being cured and notice of that being given to the objecting party or his said agent, this transaction 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 existing condition or may terminate this agreement. (5) Conveyance o£ 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. Con- veyance o£ title by the City shall be by the usual City of Delray Beach deed and both deeds shall be pre- pared at the expense of the City. (6) Each party shall pay for the documentary stamps of the deed for the property he is conveying and shall pay for the cost o£ recording the deed to the property conveyed to him. (7) The existing insurance on the properties to be conveyed by the parties of the first part shall be carried by the owners until the date of closing, at which time at the option of the City, the exist- ing policies of insurance may be purchased on a pro rata basis. Taxes shall be prorated as of the date of closing, based on the year 1963. (8) The party of the first part represents that there are three dwelling houses on the premises which she is conveying, subject to leases terminable at the will of the parties. The party of the first part agrees that upon the full execution of this agreement that she will give notice of eviction to the tenants of said dwelling houses and will do everything legally possible to deliver the premises vacant. In any event, the party of the first part will assure the City that the premises will be vacant no later than fifteen days from the date of closing. (9) 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 party of the first part at the office of R. R. Bonnell, Bonnell Realty, Inc., 630 E. Atlantic Avenue, Delray Beach, Florida. (10) It is understood and agreed that H. V. Dally, Inm, Realtors and Bonnell Realty, Inc. are acting as co- brokers in this transaction; however, they have waived commissions so far as said obligation pertains to the City. Any commission owed by the party o£ the first part shall be acknowledged by separate instru- ment. (11) This instrument shall become effective as a contract when signed by the City and the party of the first part. If not executed by all parties on or before November 30, 1963, this agreement shall become null and void unless said date be extended in writing by both parties. WITNESS our hands and seals this ,'~!~ day of November, 1963. Witnesses as to first party: Party of the first part: Y/ Pauline,~lKing ~, ACCEPTANCE The City hereby accepts the foregoing offer upon the terms and conditions stated, this 12th day of 'Decamb~, 1963. CITY OF DELRAY BEACH Mayor Attest: A~roved as to form: City Attorney -3- H.V. Dally, inc. REALTORS 1209 EAST ATLANTIC AVE. DELRAY BEACH. FLORIDA NATIONAL. AS$'~4 OF REAL [STATE[ BOARDS TRADER,'~ December 10, 1963 Iv[r. Robert Worthing City Clerk of Delray ~each Delray ~each, ~'lorida Dear i~ir. ?forthing: I have received permission from >.irs, Pauline ~ing to extend the termination date of th~ trade agreement to 3anuary 1, 1964. Due to the late date, Ife ~1 that special consideration should be given the tenants in the buildings involved in the trade if this ~rade agreement is consumated. '~hanking you ~or your cooperation in this matter I am, Very truly yours, Robert i~. Kinkead cc R. R. ~onnell Realty Pauline ['~[. King, File HOMES- ACREAGE APARTMENTS---HOTELS-, OCEAN AND WATERFRONT PROPERTIES --. RENTAL, This is a copy of the first publication of your legal adver- tisement which ran in the News-Journal on 196 .-~ . If there are any corrections please indicate on the margin and4Le~turn to us at once in time for the next publica- This publication is scheduled to run . times the total cost of which will be Affidavit will be mailed to you immediately following the last publication. THE DEI. RAY BEACH NEWS-JOURNAl- P. O. Box 757 DELRAY BEACH, FLA. NO. 3~02¢ NOTION i:; ~.reb.y ,; ': :: that the City of Delray L~.ach i !. ri~, is of the opinion that tlc Ciq. holds 'and possesses certain real property, not needed for municipal purposes which ri;a} he exchan4ed for other real property to be u:;ed as a site for purk ng The City intends to exchange the fo!lowin~ described property sit,]- ated in the Co',lnts' of PMm Beach and State of Florida. to wit: [['hat part of Lot I0. Block 1 of ,Model Land Company's Sub- division of wb~ of Sec.' 2146-43 per Plat Book 1-128 bounded as follows: On the N(~rth by the S R-W li of SE 10th Str~ct: on the West by th? Fly R-W Ii of S.tL No. 5 (Southbound): on thc South by W'ly ext of S Ii of Lot 25. Block. 2 of said S-D: and on the East by the East line c? sa:,fl Lot 10, B!.ock 1 AND That part of Lot 25. Block 2 of M.L.C. S-D of Wk. of Sec. , 21-4643 which lies West of W'lv R-V¢ ii of S.R. No. 5 (Northl bound) and South of S R-W li of St*: 10th Street. (Above R-W's shown on State of Florida, State Road Depart- ment. P~i~ht of Way _Map. Sec- tion No. 9~01-206. Road No. 5. Palm Beach County~ for the property of PAULINE KING. 'a widow, hereinafter called the 'party of the second [;;irt. whose ad- dress is 3400 Inverness Drive. Chevy Chase 15. Md. said property isituated in the County of Palm Beach, State of Plorida. to wit: Lots 10 and 11. Block 117, Del- ray Beach, F!o?~da and all lm- Lots 8 and 9. Block ![7. Del- South 7 fi)ct or Lot 6. and all of Lot 7. less the West 5 feet thereof. Ddray Beach. Florida. Block 1t7, and all ~mprovemcnts Thc terms of the Broposcd ex- .. change of real property are as fei (1) Neither properly will be sub- oral and there is no difh~rerlce }n the respectixe equities, The ml~ed to be of equal value and therefore it will be an (2) There will be no real estate ~ nf the City of Delray Beach. (3) Each party shall furnish title insurance ~c,licies to the (4)All contr;mls, deeds and ()thor pared and handl(~d by the City DATHD this 5th day of Nuvo,tuber. 1963. R D W~RTHING. ~itv Pub.: Delray I~(,acl' Nc,,,~s-JcmrnaL November 7, 14. 1963. The East 150 feet ef that part of the South Half of L~t 10, Block 1, of Model Land Company's Subdivision of West Half of Sectian 21, Township 26 South, Range 43 East, as recorded in Plat Beck 1, Page 128, lying West of the Westerly Right of Way line ed SB. 5th Avenue (U.S. Highway No.l,Seuth) as shown on State of Florida,State Road Department Hight of Way Map of Section Mo.93010-3206, Sheet 108 and North ef the Westerly extension ef the South line of Let 25, Block 2, of said Model Land Company, s Subdivision, less the North 25 feet thereof, and more particularly described as follows: Commence at the intersection of the ~,est line of Let 10, Block 1, Model Land Company's Sub&ivisien of the :.¥est Half ef Section 21, Township 46 South, Range 43 East, as recorded in Plat Book 1, Page 128, and the South Hight mf ,'day line ef SE. 10th Street; thence in an Easterly direction along said South Right of Way line a distance ef 152.89 feet te the POINT OF P~.GINNING: thence in a Southerly direction at an angle of 89 degrees, 29 minutes,27 seconds free the preceding course measured fr~m West to South a distance of ~6.25 feet te the Point ef Curve; thence in a Southerly direction along the arc efa curve concave te the West and having a radius ef 2686.93 feet and a central angle of ~ degrees, 33 m~nutes, 08 seconds, a distance ef 260.45 feet mere or less tea point in a line, said line being the Westerly extension ef the South line of L~t 25, Block 2, of said Model Land C~mpany's Subdivision; thence in an Easterly direction along said Westerly extension of the South line of Let 25 of Model Land Company's Subdivision a distance of 150.95 feet mere er less ts a point in. the West Right ef ~ay line ef SE, 5th Avenue (U.S.Highway Ne.l,South) as shown en State of Florida Read Department Right ef Way Map of Station Ne. 93010-3206 ,Sheet 108; thence in a Northerly direction along said Right ef Way line, said line being an arc of a curve concaved to the West and having a radius of 2836.93 feet and a central angle ef 5 degrees, 13 minutes, 58 seconds, a distance of 2~9.O9 feet to a point of tangency thence continue in a Northerly direction along said tangency (West R/W line SE. 5th Avenue) a distance ef 32.45 feet te the point of curve; thence in a Northerlywesterly direction along the arc of a curve, concaved te the Southwest, and having a radius ef 15 feet and a central angle ef 90 degrees, 30 minutes, 33 seconds, a distance of 23.70 feet to a point of tangency, said pointer tangency being in the said South Right ef Way line e£ SE. lOth S~reet; thence in a Westerly direction along said South Bight ef Way line a distance of 134.87 feet to the POIMT OF HEGIMMI~G. E. ELLIO~ GROSS & ASSOCIATES, INC. : ENGINEERS & SURV~ORS ' I HEREBY C[~l~ that the plat ehown hereon la I true and ~r~ct repre~ntatlon of a ' ~*-,,:~ ~ ,,r , , au~ey made under my direction, and that ~ld lu~ey I~ accurate to the beet of my knowl~le ~e~b~ ~nd and belief. ,and there ~ no enoroaohmentl. Florida C~, ~flMte No.