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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