Res 1420-62 RESOLUTION NO. 142o
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH,
FLORIDA, DISCONTINUING AN EASE-
MEI~T OVER T~E WEST l0 FEET OF
LOTS l, 2 AND 3, BLOCK A, PINE-
RIDGE HEIGHTS, A SUBDIVISION
IN THE CITY OF DELRAY BEACH.
WHEREAS, SA~EL J. SCOBEE and NADINE M. SCOBEE,
his wife, have made application to the City Council of the
City of Delray Beach, Florida, to vacate an easement over
the following described property, to wit:
The West l0 feet of Lots l, 2 and 3 in Block "A",
PINERIDGE HEIGHTS, a subdivision in the City of
Delray .Beach, Florida, according to the plat of
said subdivision on file in the office of the
Clerk of the Circuit Court in and for Palm Beach
County, Florida, recorded in Plat Book 13 at
page 80, and
WHEREAS, SA~EL J. SCOBEE and NADINE ~. SCOBEE,
his wife, have heretofore granted the City of Delray Beach
a utility easement over the West l0 feet of the East 1/2
of Lot 5, Block A, Pineridge Heights, a subdivision 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:
~That pursuant to paragraph three of Section seven
of the CitY Charter of the City of Delray Beach, Florida, we
hereby declare the following easement to be discontinued and
vacated:
The West l0 feet of Lots l, 2 and 3 in Block "A",
PINERIDGE HEIGHTS, a subdivision in the City of
Delray Beach, Florida, according to the plat of
said subdivision on file in the office of the
Clerk of the Circuit Court in and for Palm Beach
County, Florida, recorded in Plat Book 13 at
page 80.
PASSED AND ADOP~.,~his 22nd day of October 1962.
· 'noTsses ~In~ea ~T
eITq~ ~96I ~pn~ ~eqo~oo no ~p!aoI~ ~qo~eR ~aIeC SP ~!D eq~ ~o$
~IS INDEN~E, Made t~a theory of Octo~r, 1962
between S~L 3. ~OBEE am ~DIME M. ~B~, his ~ife, of the
County of Palm ~ach and StoatS.of ~ori~, ~rtiea of the first
~rt, e~ the CITY OF D~Y B~, a munici~l corporation in
Palm Beach County, Florida, ~rty of the seco~ part, WITNE~E~,
that the said ~rties ~ t~e first ~rt for and in consideration
of the sum of One .~lla~ an~ ~her valu~le considerations to them
in hand ~id, the receipt of which is hereby acknowledqed, have
qranted, barqained, sold and ~nveyed a~ by these presents do
qrant, barqain, sell convey a~d confim unto ~e said ~rty of the
second ~rt a~ its assiqns f~rever, an easement in, over and
under the foll~ing describ~ pro~rty, to-wit:
The West 10 feet of tke East Half of Lot 5 in
Bl~k "A", Pineridqe Heights, a su~ivision in
the City of Delray Bea~, ~orida, accordi~ to the
plat of said a~diviai~ on file in the office of
the Clerk of the CirCuit Court in and for Palm ~ach
County, Florida, recorded ~ Plat ~ok 13 at p~e 80.
for the puT.se of installing and ~intaini~ thereon any a~ all
~blic utilities as may ~ ~esired by the ~rty of t~ me.nd ~rt.
IN ~T~ ~E~OF, t~ ~rtiea of the first ~rt have
hereunto set their hands a~ seals t~ day ~d year a~ve written.
Signed, sealed and delivered j
in our presence: i !ilii . /"
_ EAL)
STATE OF FLORIDA )
COUNTY OF PALM BEAC~ )
I HEt~EBY CERTIFY. T~at on this day. before me, an officer
duly authorized in the Statm ~&foresaid and in the County aforesaid
to take acknowledgments, PerSOlaally appeared SAMUEL J. SCOBEE
NADINE M. SCOBEE, his wife, to me known to be the persons described
in and who executed the for~i~ instrument and they ackno~~
before me that they exe~t~ ithe same.
aforesaid this_~~y of October, A. D. lg6~.. '
,,.~-.,~I- ~'- , ~ ,~' ,
~lotary PubliC ~tete ol
~ r~e.
t
Page 2-
SUBORDINA~,ION BY ~O.RTGAGEE
The First Federal S~vlngs and Loan Association of Delray
Beach, Delray Beach, Florida, the holder of a mortgage from
Samuel 3. $cobee and Nadine M. Scobee, his wife, dated oeptember
7, 1962 and recorded the same day under Clerk'~s File No. 757 in
the Public Records of Palm Beach County, Florida, for and in con-
sideration of the sum of One Dollar and other valuable considerat-
ions to them in hand paid, the receipt of which is hereby acknow-
ledged, do hereby subordinate the lien of the '~above described
mortgaqe to the above and ~oregoinc.; conveyance of easement from
Samuel 3. Scobee and Nadine M. $cobee, his wife, to the City of
Delray Beach, Florida.
IN WITNESS 'WHEREOF, the First Federal Savings and Loan
Association of Delray Beach, Delray Beach, Florida has caused
this instrument to be executed and its corporate seal to be affix-
ed hereto by its duly authorized officials on this the~ay of
October, 1967.
ASSOC ATIONOFiIRSTI FEDERALFSAV1 DELRAyING$ BEAcHAND LOAN
( COPPORATE SEAL )By
'Wi/~n_esses: /,) ! ATTEST: /
STA~ OF FLORIDA )
COUNTY OF PAL~ BEACH )
I HEREBY CERTIFY, Thet on this day, before me, an officer
duly authorized in the Sta~E~ and Cot~nty aforesaid to take acknowledg-
ments, personally appeared :john ]/. ~abler and Corinne B!rooks, well
known to me to be the Presicent aIld:~ecretary r.~spectively of the
corporation named in the folegoing $~bordinatio ~ By ]/or~gagee, and
that they severally acknowledged executing the ,ame, in the presg, ace
of two subscribing witnesse.,, freely~and voluntarily under a. ut'~'~fF
duly vested in them by said corporat:~on and tha~ the seal aff~2:..-/%
thereto is the true corporate seal Of said corporation. '"??~.
. . , : , :~ . .. ,,...~%,:.,~.,~ '. :: :.'.
WITNESS my hand a~d official seal ~n the I County a,.~'.~-~.~"~...
last aforesaid this~day ' '"'* ........
of October A. D. 1§62. ,~.[=/~'.,'
~Im B~cn ~ur:ty, ~i~ ~ ~otary ~lic, Stat,, of ~orida
C~[RK OF CI~UiT 6OU~ t~ co~i~s ioR expir~ s: my Commission [xD, res Aulust
ATTORNEYS AND COUNSELORS AT LAW
H UNTEIR BUILDING
20 S. E. FIFTH AVENUE
DELRAY BEACH, FLORIDA
J W. NOWIIN
JOHN H. ADAMS MAILING ADDI~ESS
JAM~Sw.~owL,..j~ October 9, 196P P.o. Bo×,s,o
l¥I[r. 3ohn Ross Adams
City Attorney
Detray Beach, Florida
IN 9E: S3~%iUEL 3. SCOBEE AND NADINE i~[. SCOBEE, HIS WIFE
Dear ~.ir. Adams:
On September 17, 196~ I wrote to [~r. Robert D. Worthing, City
Clerk, concerning the possibility of the City abandoning an ease-
ment over certain property owned by Samuel 2. Scobee and Nadine
M. Scobee, his wife. The present easement covers the following
described property, to-wit:
The West 10 feet of Lots 1, ~ and 3 in Block "A",
PINERIDGE HEIGHTS, a subdivision in the City of
Delray Beach, Florida, according to the plat
of said subdivision on file in the office of the
Clerk of the Circuit Court in and for Palm Beach
County, Florida, recorded in Plat Book 13 at page 80.
I understand that the City Council is in favor of vacating and
abandoning this easement if Mr. and Mrs. Scobee will grant them
a similar easement on the West end of their property. The des-
cri~tion of the proposed new easement would be:
The West 10 feet of the East Half of Lot 5 in
Block "A", PIN~ERIDGE HEIGHTS, a subdivision in
the City of Delray Beach, Florida, according to the
plat of said subdivision on file in the office of
the Clerk of the Circuit Court in and for Palm Beach
County, Florida, recorded, in Plat Book 13 at page 80.
There now is a mortgage over th~s property to the First Federal
Savings and Loan Association of De!ray Beach, dated September 7,
1967 and recorded the same day under Clerk's File No. 757, Public
Records of Palm Beach County, Florida. You will probably want
some form of consent or subordination in regard to this mortgage
and I am, therefore, sending a cody of this letter to I~lr. William
C. Mizelle at the First Federal for his inform%tion.
3WN /ad
CC: Mr. Samuel 3. Scobee
CC: Mr. William C. Mizelle