R97-042RESOLUTION NO. R97-~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, ACCEPTING THE DEED FROM
FLORIDA EAST COAST RAILROAD, FOR THE PURCHASE OF
PROPERTY FOR THE PALMETTO GREENS PARK PROJECT;
AUTHORIZING RECORDING OF THE SAME IN THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; AUTHORIZING
AND DIRECTING THE MAYOR TO EXECUTE ALL OTHER
NECESSARY CLOSING DOCUMENTS; AND PROVIDING AN
EFFECTIVE DATE.
W~EREAS, the City of Boynton Beach, upon recommendation of
staff, has deemed it to be in the best interests of the citizens and
residents of the City to purchase certain property from Florida East
Coast Railroad (FEC) to be utilized for the Palmetto Greens Park
Project; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BO~-NTON BEACH, FLORIDA T~AT:
Section 1. The City Commission of the City of Boynton Beach,
Florida, hereby accepts the Deed from Florida East Coast Railroad
(FEC), authorizes the Mayor to execute all necessary closing
documents, and authorizes the City Clerk to record the same in the
Public Records of Palm Beach County.
Section 2. This Resolution shall take effect immediately upon
passage.
PASSED AND ADOPTED this /~ day of March, 1997.
ATTEST:
Ci~ Clerk
CITY OF BOYNTO~ BE_A_CH, FLORIDA
Mayo~r ~~~//~--'~'
Commissioner
Instrument Prepared as to form only by:
larry Pa[no, Esq.
One Malaga Street
St. Augustine, FL 32084
(904) 396-6600
(Legal Description prepared by Granto¢)
SPECIAL WARRANTY DEED
THIs INDENTU~, made this Q~t-B dayof tSe~br',.~ar',] ,A.D. 19q-/ ,
by FLORIDA EAST COAST RAILWAY COMPANY, a Florida corporation and having its
principal office and place of business in St. Augustine, St. Johns County, Florida, and its post
office address being P.O. Drawer 1048, St. Augustine, Florida 32085-1048, hereinafter called
"Grantor", to CITY OF BOYNTON BEACH, a Municipal corporation, with post office address
being P.O. Box 310, Boynton Beach, Florida 33425-0310, hereinafter called "Grantee",
WITNESSETH
That Grantor, for and inconsideration of the sum of $10.00 and other good and valuable
considerations, to it in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has
granted, bargained and sold to Grantee, its successors and assigns forever, the following described
land in Palm Beach Coumy, Florida, to-wit:
See Attached Exhibit "A"
Subject to all dedicationS, easements, or restrictions of reCord.
AND Grantor does hereby warrant the title to said land and will defend same against the
lawful claims of all persons ....
clmm~ng by, through or under smd Grantor, ~ts successors and assigns,
and not otherwise.
Page 1 SWD File No. 311-1
EXHIBIT "A"
PARCEL 1:
Lots 1 and 2, Subdivision of Lot 3. Lanehart Subdivision of Lot 3.
According to the plat recorded in Plat Book 10, Page 39, recorded in
the public records of Palm Beach County, Florida; said land situate,
lying, and being in Palm Beach County, Florida.
PARCEL 2:
Ali of that, land conveyed by Farmers Bank Trust Company to
Frederick A. Glidden, by Quit Claim Deed bearing date March 23,
1926, and more particularly described as follows:
So much of the follo,Mng described lands as form a triangular piece of
land lying and being immediately west of and adjacent to the right of
way of the Florida East Coast Railway Company, to wit:
Beginning at a point on the section line between Section 21 and 22,
700 feet north of the southwest comer of Lot 3, Section 22, Township
45 south of Range 43 East (according to the field notes of the United
States Survey at the northwest comer of the land deeded by Cecil
Upton to Peter W. King); thence east along the north boundary line
of said land 1402.5 feet to the shore of Lake Worth; thence north in
a straight line 330 feet to a point near the shore of said lake; thence
1349.7 feet to the section line between Sections 21 and 22; thence
south along said Section line to the Point of Beginning, containing 10
acres and 8 perches, more or less, according to the United States
Survey, together with all riparian right acquired either in equity or at
law and exclusive of the right of way of the Florida East Coast
Railway Company 50 feet in width; excepting therefi'om that part
thereof heretofore deeded by A.W.R. Major and N.H. Major, her
husband, to the Lake Worth Drainage District, a Florida corporation,
by Quit Claim Deed, dated September 3, 1919, recorded in Deed
Book 113, Page 226, of the Palm Beach County, Florida records.
EXA
File: 311-1
IN WITNESS WHEREOF, said Grantor has caused these presents to be duly executed in
its corporate name and its corporate seal to be hereto affixed by its undersigned officer thereunto
lawfully authorized the day and year hereinabove written.
Signed, sealed and delivered
in th~-presence of:
FLORIDA EAST COAST RAILWAY
COMPANY, a Florida corporation
By: (Seal)
C. V. Zellers, Jr., P~e~t~
P.O. Drawer 104~
St. Augustine, FL32~8
Attest:
M. C~. Muel~ary
STATE OF FLORIDA ]
COUNTY OF ST. JOHNS]
The foregoing Special Warranty Deed to CITY OF BOYNTON BEACH was
acknowledged before methis ~<~ ~ dayof ~e bc~et,"v ,19 q'~, byC. F. Zellers,
Jr. and M. C. Mueller, personally known to me as President and Assistant Secretary, respectively, of
FLORIDA EAST COAST RAILWAY COMPANY, a Florida corporation, on behalf of the
corporation, and who did not take an oath.
Page 2 SWD
Notary Seal:
THERESA W. RAYNO
Notary Public
STATE OF FLORIDA
My Commission Expires
12t26199
Comm. ~ CC 508620
File: 311-1
APPROVED
" ccupac I 6/.u [ .x cuT o
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
RECREATION AND PARK MEMORANDUM #97-004
Dale Sugerman, City Manager
John Wildner, Parks Superintendent
Charles C. Frederick, Director, Recreation & Park Department
January 6, 1997
Acceptance of Deed - FEC Railroad
Histo~:
As you are aware, the City of Boynton Beach is working with the Palm Beach County
Housing and Community Development Department to acquire additional property for the
expansion of Palmetto Greens Park.
Analysis:
The property in :question is three lots presently owned by the FEC railroad. Attached is a
Resolution, accepting said Deed and authorizing recording of the same in the Public Records of
Palm Beach County. Preliminary approval for the acquisition of this property was granted by the
City Commission on June 4, 1996.
Recommendation:
It is recommended that this item be placed on the City Commission Agenda for approval.
cc: James A. Cherof, City Attorney