R15-019 n
1 RESOLUTION NO. R15 -019
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH
4 APPROVING ACCEPTANCE OF THE LAKE IDA DEED
5' FROM PALM BEACH COUNTY; AND PROVIDING FOR
6 { AN EFFECTIVE DATE.
71,
8 WHEREAS, Palm Beach County approved transfer of a parcel of land on Lake Ida to
9 the City of Boynton Beach; and
10 WHEREAS, the City will pay to the County of sum of $100,000.00; and
11 WHEREAS, the City's revisions to the Deed will more accurately describe future use
12 of the parcel as a Greenway /Bikeway nature area rather than a neighborhood park; allow 10
13 years to complete ingress and egress to the property and to fully develop the
14 Greenway /Bikeway nature area: and Grant the County right of first refusal of the City intends
15 ' to convey the property in the future; and
16 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to
17 I be in the best interests of the citizens and residents of the City of Boynton Beach to approve
18 ' acceptance of the Lake Ida Deed from Palm Beach County as revised by City staff.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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201 THE CITY OF BOYNTON BEACH, FLORIDA:
211 Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed
22 as being true and correct, and are incorporated herein by this reference.
23 Section 2: That the City Commission hereby approves and accepts the Lake Ida
24 Deed from Palm Beach County as revised by City staff, a copy of which is attached hereto as
25 Exhibit "A"'.
26 Section 3: This resolution shall become effective upon its passage and adoption by the
27 City Commission.
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1 PASSED AND ADOPTED this 17 day of February, 2015.
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3
4 CITY OF BOYNTON BEACH, FLORIDA
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6 ! YES NO
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8 Mayor — Jerry Taylor •
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10 Vice Mayor — Joe Casello
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12 Commissioner — David T. Merker (/
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14 Commissioner — Mack McCray t /
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16 i Commissioner — Michael M. Fitzpatrick
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19 VOTE f -- 1 4
20 ATTEST:
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22 ,
23 .L __.
24 M. Prainito, MMC
25 Clerk
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28 0 -A,Y 1)
29 (C a :-
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PREPARED BY AND RETURN TO
Peter Banting. Real Estate Specialist
PALM BEACH COUNTY
PROPERTY & REAL ESTATE MANAGEMENT DIVISION
2633 Vista Park\Nay
West Palm Beach. FL 33411 -5605
PCN• 00- 43- 46- 05 -00- 000 -5080 (a portion ot),
12- 43- 46 -08 -00 -000 -7070 (a portion of)
COUNTY DEED
This COUNTY DEED, made , by PALM BEACH
COUNTY, a political subdivision of the State of Florida, whose legal mailing address is
301 North Olive Avenue, West Palm Beach, Florida, 33401 -4791, "County ", and The
City of Boynton Beach, a political subdivision of the State of Florida, whose legal
mailing address is 100 E. Boynton Beach Blvd., Boynton Beach, FL 33425 -0310, "City ".
WITNESSETH:
That County, for and in consideration of the sum of one hundred thousand and
00 /100 Dollars ($100,000) to it in hand paid by City, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to City, the following described land
lying and being in Palm Beach County, Florida:
See F ltibit "A -1" attached hereto and made a part hereof (the "Property ").
Rc c' in, however, unto County, its successors and assigns, an undivided three-
fourths s (3':) • I ; tcrest in, and title in and to an undivided three - fourths ( interest in, all the
phosphate, minerals, and metals that are or may be in, on, or under the said land and an
undivided one -half ('/z) interest in all petroleum that is or may be in, on, or under said
land. The aforementioned reservation of phosphate, mineral, metals and petroleum rights
shall not include and County hereby expressly releases any and all rights of entry and
rights of exploration relating to such phosphate, mineral, metals and petroleum rights.
This County Dccd is being granted upon the express condition that the Property be
developed and used exclusively as a neighborhood park open to the public without charge
as part of ; `rc, nwav /pally\\ ay system. City shall exercise best efforts to obtain
unrestricted ccess to the Property by public road or private easement providing a
minimum (5(`) foot wide right of legal access, ingress and egress to the Property
(Ace: s ") lac C\ cnt that tlic City fails to obtain Access to the Property and to develop
a nei(: :j park on the Property within five (5) years of the date hereof, then upon
demand by County, the Property shall revert to the County. After the time of such
reversion, C , nnty shall refund to the City the $100,000 purchase price paid to County by
City for the''• perty when, 111d only if, County is successfully able to sell the Property to
another parr 'gi Inorc than said amount.
IN WITNESS W H E R EOF, County has caused these presents to be executed in
its name by Board of County Commissioners acting by the Mayor or Vice Mayor of
said Board. t>> day and year aforesaid.
ATTEST:
SHARON P. BOCK PALM BEACH COUNTY, a political
CLERK & COMPTROLLER subdivision of the State of Florida
By: By:
llchuty Clerk Shelley Vana, Mayor
APPR')V ' ■ ' TO FOR' T
AND LE(.,' ' ` l'FFICTE`; ( "'
(OFFICIAL SEAL)
By:
ist : '`( n'v Attorney
Exhibit "A"
1 00054797 1 11 9001821 ; 3
PREPARED BY AND RETURN TO.
Peter Banting. Real Estate Specialist
PALM BEACH COUNTY
PROPERTY & REAL ESTATE MANAGEMEN1 DIVISION
2633 Vista Parkway
West Palm Beach. FL 33411 -5605
PCN 00- 43- 46- 05 -00- 000 -5080 (a portion of).
12- 43- 46 -08 -00 -000 -7070 (a portion of)
COUNTY DEED
This COUNTY DEED, made by PALM BEACH
COUNTY, a political subdivision of the State of Florida, whose legal mailing address is
301 North Olive Avenue, West Palm Beach, Florida, 33401 -4791, "County ", and The
City of Boynton Beach, a political subdivision of the State of Florida, whose legal
mailing address is 100 E. Boynton Beach Blvd., Boynton Beach, FL 33425 -0310, "City ".
WITNESSETH:
That County, for and in consideration of the sum of one hundred thousand and
00 /100 Dollars ($100,000) to it in hand paid by City, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to City, the following described land
lying and being in Palm Beach County, Florida:
See Exhibit "A -1" attached hereto and made a part hereof (the "Property ").
Reserving, however, unto County, its successors and assigns, an undivided three -
fourths ( interest in, and title in and to an undivided three - fourths ( interest in, all the
phosphate, minerals, and metals that are or may be in, on, or under the said land and an
undivided one -half ( /2) interest in all petroleum that is or may be in, on, or under said
land. The aforementioned reservation of phosphate, mineral, metals and petroleum rights
shall not include and County hereby expressly releases any and all rights of entry and
rights of exploration relating to such phosphate, mineral, metals and petroleum rights.
This County Deed is being granted upon the express condition that the Property be
developed and used exclusively as a neighborheed-pafk Greenway - Bikeway Natural Area 1
open to the public without charge as part of a greenway /pathway system. City shall
exercise best efforts to obtain unrestricted access to the Property by public road or private
easement providing a minimum fifty (50) foot wide right of legal access, ingress and
egress to the Property (Access "). In the event that the City fails to obtain any Access to
the Property and to develop a neighborhood pa Greenway- Bikeway Natural Area on the
Property within five (5) ten (10) years of the date hereof, then upon demand by the
County, the Property shall revert to the County. If the City subsequently sells the
property the County will have a right of first refusal and if the right is not exercised, the
County will be paid any funds in excess of the $100.000.00 paid by the City to acquire
;00054797 4 306 - 9001821 1
the property. After the time of such reversion, County shall refund to the City the
$100,000 purchase price paid to County by City for the Property, when. and only if,
County is successfully able to- sell the P :: - • - : - : • = - •
amount.
IN WITNESS WHEREOF, County has caused these presents to be executed in
its name by its Board of County Commissioners acting by the Mayor or Vice Mayor of
said Board, the day and year aforesaid.
ATTEST:
SHARON R. BOCK PALM BEACH COUNTY, a political
CLERK & COMPTROLLER subdivision of the State of Florida
By: _ _ By:
Deputy Clerk Shelley Vana, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
(OFFICIAL SEAL)
By:
Assistant County Attorney
/00064797 4 306- 9001821 7
Exhibit "A"
3
1000c4 4 3O6- 9001821