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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 1 201 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. 1 TT 1 PASSED AND ADOPTED this 17 day of February, 2015. 2 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 ! YES NO 7 8 Mayor — Jerry Taylor • 9 10 Vice Mayor — Joe Casello 11 12 Commissioner — David T. Merker (/ 13 14 Commissioner — Mack McCray t / 15 16 i Commissioner — Michael M. Fitzpatrick 17 18 19 VOTE f -- 1 4 20 ATTEST: 21 22 , 23 .L __. 24 M. Prainito, MMC 25 Clerk 26 27 28 0 -A,Y 1) 29 (C a :- % V V ro N . i 1 F i 2 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