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Res 1467-63 RESOLUTION NO. 1467. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 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 corporation, is the owner of the following described land, to wit: The East 150 feet of the following described property: That part of the South half of Lot 10, Block 1, of Model Land Company's Subdivision of West % of Section 21, Twp. 46 S., Range 43 East, as recorded in Plat Book 1, Page 128, lying West of Westerly R/W line of S. E. 5th Avenue (U.S. Hwy. No. 1, South) as shown on State of Florida, State Road Department Right-of-Way Map of Section No. 93010-3206, Sheet 108 and North of the Westerly extension of the South line of Lot 25, Block 2, of said Model Land Company's Subdivision, less ~%e North 25 feet thereof. which land, in the opinion of the City Council, is not needed for municipal purposes; and WHEREAS, Earl G. Brown and Mary D. Brown, his wife and Curtis H. Dodson and Louise D. Dodson, his wife are the owners of the follow- ing described lands, to wit: The South 24 feet of Lot 8 and all of Lot 9, Block 109, less the South 42.5 feet and the West 10 feet thereof; subject to an easement for ingress and egress over the North 11 feet of the South 53.5 feet of said Lot 9; also Lot 16, Block 109; also the North 26.33 feet of Lot 17, Block 109; subject to an easement for ingress and egress over the South 11 feet thereof. 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 land above described owned by it be exchanged for the lands above described owned by Earl G. Brown and Mary D. Brown, his wife and Curtis H. Dodson and Louise D. Dodson, 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; 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 D~tray Beach be exchanged for the property above described owned by RESOLUTION NO. 1467 - Page Earl G. Brown and Mary D. Brown, his wife, and Curtis H. Dodson and Louise D. Dodson, 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 municipal 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 ]2th day of December, 1963. ATTEST: EXCHANGE AGREEMENT WITNESS that EARL G. BROWN and MARY D. BROWN, his wife, and CURTIS H. DODSON and LOUISE D. DODSON, 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: 1. 45.53' of frontage on the east side of S. E. 5th Avenue immediately south of the City 40' parking lot; described as, the S. 24' of Lot 8 and all of Lot 9, B~ock 109, less the south 42.5' and the West 10 feet thereof; subject to an easement for ingress and egress over the north 11 feet of the south 53.5 feet of said Lot 9. This easement is for the bene- fit of the land to the south now leased to County Title & Abstract Co. 2. The Marino property having 43.2' of frontage on S. E. 6th Avenue, described as all of Lot 16, Block 109. 3. The Croft property having 26.33' of frontage on S. E. 6th Avenue, described as the N. 26.33' of Lot 17, Block 109; subject to an easement for in- gress and egress over the south 11' thereof. This easement shall be for the benefit of the adjoining land to the south. for the property of the CITY OF DELRAY BEACH, a Florida munici- pal corporation, hereinafter called the "City", said property situated in the County of Palm Beach, State of Florida, to wit: A tract of real property belonging to and located in the City of Delray Beach, Florida, lying to the South of S. E. 10th Street and to the West of S. E. Fifth Avenue, with a North-South dimension of ap- proximately 306 feet and a depth of 150 feet from S. E. Fifth Avenue to the West. THE TERMS AND CONDITIONS OF THIS EXCHANGE SHALL BE AS FOLLOWS: (1) The properties have been determined to be of equal value ($45,000.00) 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) The parties agree that Gracey Brothers realtors are to receive a real estate commission of $1,380.00 for bringing about this exchange and said obligation is to be borne equally between the City of Delray Beach and the parties of the first part. (4) It is agreed that this exchange is contingent on the ability of the parties of the first part to convey the Marino and Croft properties free and clear of all encumbrances on or before the 15th day of December, 1963. (5) 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 con- tract 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 accompanied by a right or possibility of reverter. (6) Each party shall have ten days after receipt of the preliminary commitment for title insurance for examina- tion 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 con- cluded on or before December 15, 1963. 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 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. (7) Conveyance of title by the parties of the first part shall be by special warranty deed, free and clear of all encumbrances and liens of whatsoever nature. Con- veyance 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. (8) Each party shall pay for the documentary stamps of the deed for the property he is conveying and shall pay for the cost of recording the deed to the property con- veyed to him. (9) 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 existing 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. (10) The parties of the first part represent that there is a dwelling house on the premises which they are con- veying, subject to an oral lease terminable at the will of the parties. The parties of the first part agree that upon the full execution of this agreement that they will give notice of eviction to the tenants of said dwelling house and will do everything legally possible to deliver the premises vacant. In any event, the parties of the first part will assure the City that the premises will be vacant no later than fifteen days from the date of closing. -2- (11) As the property to be conveyed by the City is unplatted, the City shall furnish a certified survey of the land. This transaction shall be subject to the survey showing a north-south dimension of not less than 305 feet. The tract owned by the City is approximately 331 feet and it is understood that the north 25' thereof is to be dedicated by the City for additional road right-of- way for S. E. 10th Street. (12) It is understood that the parties of the first part have entered into this agreement with the understanding that the property which they are receiving in this exchange can be used for gasoline service station pur- poses, and such use shall not be denied by the City of Delray Beach for at least ten years from the date hereof. (13) 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 Gracey Bros., 505 East Atlantic Avenue, Delray Beach, Florida. (14) This instrument shall become effective as a contract when signed by the City and the parties 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 ~j~L day of November, 1963. Witnesses as to f~ parties: Parties of the first part:  ~' / Earl ~. Brown Curtis H. Dodson .... ~ Louise D. Dodson ACCEPTANCE The City hereby accepts the~regoin~offer upon the terms and conditions stated, this /F~day of~~ 1963. CITY OF DELRAY BEACH Attest: ~ City ~ City Attorney --3-- Delray Beach, Florida December 12, , 1963 The City Council of the City of Delray Beach, Palm Beach County, Florida, met in regular public session at the regular meeting place of the City Council in the City Hall in the City of Delray Beach at 9:30 o'clock A.M on December 12 , 1963, with Mayor Walter Dietz and the following members present: Al. C. Avery Emory J. Barrow George Talbot, Jr. Oliver W. Woodard, Jr. Absent: none ·here were also present R.D. Worthing . , City Clerk, , City Manager, and John Ross Adams , City Attorney. After the meeting had been duly called to order by the Mayor and the minutes of the preceding meeting had been read and approved the following resolution was introduced in written form by R.D. Worthing , was read in full and discussed. Pursuant to motion made by O.W. Woodard, Jr. and seconded by Emory J Barrow · , the resolution was adopted by the following vote: AYE: Al. C. Avery Emory J. Barrow George Talbot, Jr. Oliver W. Woodard, Jr. Walter Dietz NAY: none The Resolution is as follows: