HomeMy WebLinkAboutMinutes Council 020562 SpecialCITY OF PALM BEACH GARDENS
SPECIAL MEETING OF THE CITY COUNCIL, FEBRUARY 5, 1962
SPECIAL Upon call of the Vice Mayor, acting as Mayor, a special meeting of the
MEETING
City Council of Palm Beach Gardens was held at 12:00 o'clock Noon, on
Monday, February 5, 1962, at the municipal office of said City, 1001 Park Avenue,
Lake Park, Florida.
PURPOSE The purpose of the meeting was to take action on certain easements and
OF
MEETING rights -of -way in the City and also to consider the acceptance of a gift
of land by American Airmotive Corporation.
WAIVER OF Waiver of Notice and Ratification is attached to these minutes.
NOTICE:
ABANDONMENT The Vice Mayor advised the Council that it was desirable to abandon that
OF PART OF
HOLLY DRIVE part of Holly Drive in Plat No. 1, Palm Beach Garden Estates, City of
Palm Beach Gardens, lying East of the Northerly extension of the West line of Lot 1,
Block 1, inasmuch as that portion of the street did not fit into the present needs
or future plans of the City.
WHEREUPON, UPON RESOLUTION duly made, seconded and unanimously adopted,
the following action was taken:
BE IT RESOLVED that all of that portion of 7th Street and 1st Street
(both now Holly Drive) lying East of the Northerly extension of
the West line of Lot 1, Block 1, Plat No. 1, PALM BEACH GARDEN ESTATES,
CITY OF PALM BEACH GARDENS, according to the plat thereof on file in
the office of the Clerk of the Circuit Court in and for Palm Beach
County, Florida, as recorded in Plat Book 27, Pages 23 and 24, be, and
the same is hereby abandoned and returned unto BANKERS LIFE AND CASUALTY
COMPANY.
UTILITY AND The Vice Mayor advised the Council that it was desirable for the City
DRAINAGE EASE-
MENTS IN PLAT to abandon and rededicate that certain fifteen (15) foot drainage
NO. 3:
easement in Plat No. 3, CITY OF PALM BEACH GARDENS and that Bankers Life
and Casualty Company had granted to the City such an easement-upon another parcel of
land.
WHEREUPON, UPON RESULUTION duly made, seconded, and unanimously adopted,
the following action was taken:
BE IT RESOLVED AS FOLLOWS:
1. That the CITY OF PALM BEACH GARDENS does hereby accept from BANKERS
LIFE AND CASUALTY COMPANY perpetual easements and rights -of -way upon and through
the following described parcels of realty located in Palm Beach County, Florida;
(1) For drainage maintenance purposes: A parcel of land in
Section 18, Township 42 South, Range 43 East, City of Palm Beach
Gardens, Palm Beach County, Florida, being more particularly
described as follows: That portion of the easterly 15 feet of
the westerly 100 feet (both distances measured at right angles)
of said Section 18, bounded on the north by the south line of
the northerly 40 feet (measured at right angles) of said Section
18 and bounded on the south by the westerly extension of the
south line of Plat'N6. 3, City of Palm Beach Gardens, Palm Beach
County, Florida, according to the plat thereof recorded in Plat
Book 27, Pages 23 and 24, Public Records of Palm Beach County,
Florida; and
(2) For public utility purposes: The east six feet of Lot 6
and the west si x feet of Lot 7, Block 25, PLAT NO. 3, CITY OF
4 PALM BEACH GARDENS, Palm Beach County, Florida, according to the
plat thereof recorded in Plat Book 27, Pages 23 and 24, Public Records
of Palm Beach County, Florida.
2. That the CITY OF PALM BEACH GARDENS does hereby redesignate and re-
dedicate those certain easements and rights -of -way lying upon and through the
West 27 feet, measured at right angles, of Blocks 17, 25, 27, and 29, PLAT No. 3,
CITY OF PALM BEACH GARDENS, Palm Beach County, Florida, according to the plat thereof
recorded in Plat Book 27, Pages 23 and 24, Public Records of Palm Beach County,
Florida, in the following manner:
(1) PARCEL ONE - 12' UTILITY EASEMENT: Those portions of said West
27 feet being more particularly described as follows (all distances
measured at right angles):
(a) The West 12 feet of said Blocks 17, 25, 27 and 29 LESS that
portion of the following described lands lying within said west 12
feet: the south 6 feet of Lot 2 of said Block 25; the north 6 feet
of Lot 1 of said Block 25; the south 6 feet of Lot 3 of said Block
27; the north 6 feet of Lot 2 of said Blotk 27; the south 6 feet of
Lot 5 of said Block 29; the north 6 feet of Lot 4 of said
Block 29.
(b) The north 6 feet of the east 15 feet of the west 27
feet of the following described lands: Lot 3 of said
Block 25; Lots 3 and 23 of said Block 27; Lots 1, 2, 6,
9, and 44 of said Block 29.
(c) The south 6 feet of the east 15 feet of the west 27
feet of the following described lands: Lots 1 and 18 of
said Block 25; Lots I and 21 of said Block 27; Lots 1, 2,
31 7 and 42 of said Block 29; Lot 37 of said Block 17.
(2) PARCEL TWO - 12` DRAINAGE MAINTENANCE EASEMENT: Those portions of
said west 27 feet being more particularly described as follows (all dis-
tances measured at right angles):
(a) The north 6 feet of said west 27 feet of the following
described lands: Lot I of said Block 25; Lot 2 of said
Block 27; Lot 4 of said Block 29.
(b) The south 6 feet of said west 27 feet of the following
described lands: Lot 2 of said Block 25; Lot 3 of said Block
27; Lot 5 of said Block 29.
(3) PARCEL THREE - TO BE ABANDONED UNTO BANKERS LIFE AND CASUALTY COMPANY:
All of that certain portion of land lying in the east 15 feet of said west
27 feet of said Blocks 17, 25, 27 and 29 not included in the above -
described property noted as Parcel One and Parcel Two.
ACCEPTANCE OF
GIFT OF LAND The Vice Mayor advised the Council that on January 1, 1962,American Air -
motive Corporation had conveyed to the City of Palm Beach Gardens the East one-
half (EZ) of the Northeast Quarter (NE'k) of Section 11, Township 42 South, Range 42
East, Palm Beach County, Florida, less the north five hundred feet thereof and that
this Company had made the conveyance as a gift to the City with the exception of
three (3) acres. The three (3) acres were conveyed to the City at the same time,
but in consideration of the City conveying to American Airmotive Corporation a par-
cel of realty located in the Southwest Quarter (SW'k) of Section 12, Township 42
South, Range 42 East, Palm Beach County, Florida,and containing 0.34 acres (which
parcel the City had acquired from Bankers Life and Casualty Company on January 1,
1961). All of the land that American Airmotive Corporation had conveyed to the
City had previously been incorporated within the territorial limits of the City.
r--
However, the Council was informed that it had not as yet formally accepted the
gift; nor had it ratified the proposed exchange of parcels of land and empowered
the Acting Mayor and City Clerk to execute a conveyance to American Airmotive
Corporation in conformity with this exchange arrangement. The Vice Mayor advised
the Council that, inasmuch as the land conveyed to the City would be most beneficial
to it, the gift, as well as the exchange of the aforementioned parcels, should be
ratified and affirmed, and that further he and the City Clerk should be empowered
to convey the 0.34 parcel in Section 12 to American Airmotive Corporation.
The Vice Mayor pointed out that American Airmotive Corporation understood
that the gift (and exchange) of these lands would be accepted by the City for
purposes of the transaction with P. G. A. all as discussed and set forth in the
meeting of the Council on December 5, 1961, with respect to the gift of lands to
the City by Bankers Life and Casualty Company for the same purposes. The Vice
Mayor stated that American Airmotive Corporation also understood that, in the event
the transaction with P. G. A. could not be completed or the City found it undesirable
to do so, the City would have the right to convey all of the lands given to it (or
exchanged) for purposes of the transaction (including those given by American
Airmotive Corporation) to Bankers Life and Casualty Company so that the transaction
could be completed by Bankers Life and Casualty Company and the benefits of the
transaction to the City be preserved, and so that, in any event, the City would be
relieved of its responsibility for the transaction and the lands. The Vice Mayor
also stated that American Airmotive Corporation had indicated that it would enter
into an agreement with the City reflecting its understanding of the foregoing.
adopted:
WHEREUPON the following RESOLUTION was duly made, seconded and unanimously
I-
WHEREAS AMERICAN AIRMOTIVE CORPORATION has offered as a gift, and the
CITY OF PALM BEACH GARDENS is desirous of accepting, certain land located within
the said CITY OF PALM BEACH GARDENS, and more particularly described as follows:
All of that portion of the East half of the Northeast Quarter
of Section 11, Township 42 South, Range 42 East, Palm Beach
County, Florida, lying south of a line which is parallel to
and 500 feet southerly from (measured at right angles to)
the southerly right -of -way line of Monet Road as now laid out
and in use.
LESS a parcel of land in the northeast quarter of Section 11,
Township 42 South, Range 42 East, Palm Beach County, Florida,
being bounded as follows:
On the north by a line parallel to and 500 feet southerly
from, measured at right angles to, the north line of said
Section 11; on the south by a line parallel to and 861.50
feet southerly from, measured at right angles to, said
north line of said Section 11; on the east by the east line
of said Section 11; on the west by a line parallel to and
361.50 feet westerly from, measured at right angles to,
said east line of said Section 11.
SAID parcel of land contains 3.00 acres, more or less; and
WHEREAS AMERICAN AIRMOTIVE CORPORATION has also conveyed the above
described three -acre parcel to the CITY OF PALM BEACH GARDENS in exchange for
the following described land also located within the CITY, to wit;
"BEGINNING at a point in a line parallel to and 53 feet
westerly from (measured at right angles to) the East
line of said Southwest Quarter (SWk) of said Section 12,
at a distance of 165 feet northerly from (measured at
right angles to) the South line of said Southwest Quarter
(SWk) of said Section 12; thence southerly along said
parallel line, a distance of 89.96 feet to the beginning
of a curve concave to the northwest, having a central
angle of 900- 05' -10" and a radius of 25 feet; thence
southwesterly, along the arc of said curve, a distance
of 39.31 feet to a point of compound curvature; thence
westerly, along the arc of a curve concave to the north,
having a radius of 880 feet, and through an angle of
70- 29' -15 ", a distance of 115.00 feet; thence north-
easterly, along a line radial to said curve, a distance
of 108.42 feet, more or less, to a point in a line
parallel to and 165 feet northerly from (measured at
right angles to) the South line of said Southwest Quarter
(SWk) of said Section 12; thence easterly along said
parallel line, a distance of 125.41 feet, more or less,
to the POINT OF BEGINNING, containing 0.34 acres, more
or less,
and the CITY is willing, and does hereby desire, to complete said exchange,
NOW THEREFORE BE IT RESOLVED THAT the CITY OF PALM. BEACH GARDENS, in
common council convened, does hereby
1. Accept the gift of the above - described land from AMERICAN AIRMOTIVE
CORPORATION, in fee simple forever for the lawful public purposes of the said
CITY, it being understood that such purposes are the completion of the trans-
action with P. G. A. as above referred to.
2. Accept the conveyance of the above - described three -acre parcel from
AMERICAN AIRMOTIVE CORPORATION, in fee simple forever for the lawful public
purposes of the said CITY (being the same purposes referred to in paragraph i
above), and
3. Convey all its right, title, and interest in and to the above - described
0.34 acre parcel to AMERICAN AIRMOTIVE CORPORATION in fee simple forever, and
does further designate and empower the Acting Mayor and City Clerk, and the same
are hereby designated and empowered, to execute a deed of conveyance to said
land and to deliver same to said AMERICAN AIRMOTIVE CORPORATION, and
4. Assume and agree to pay all of the existing mortgage indebtedness on
all of the above described land being conveyed by AMERICAN AIRMOTIVE CORPORATION
to the CITY OF PALM BEACH GARDENS.
ADJOURNMENT.
adjourned.
ATTEST:
There being no further business before the Council, the meeting was
4/ =�
WILLIAM L. CARGI , CT
APPROVED
�'CVICE NORMAN D. ROWLAND MAYOR,
ACTING AS MAYOR
1 / lei 1A 160 -�'tx
( NORMAN D. ItOWYAND
WILL L. ,sCARGI L- -�-
LLEO. Q. LEHANE
PAUL D. DOOLEN
HORACE S. MILLER
10�
AGREEMENT,
THIS AGREEMENT, made on this loth day of February. 1961,. by and
between the CITY OF PALM BEACH GARDENS, a municipal corporation duly
authorized and existing under the laws of the State of Florida. hereafter referred
to as "CITY". BANKERS LIFE AND CASUALTY COMPANY. an Illinois corpora-
tion duly authorised to transact business in the State of Florida, hereafter re-
ferred to as "BANKERS" and AMERICAN AIRMOTIYE CORPORATION. a
Florida corporation, hereafter referred to as "AIRMOTIVE ". WITNESSETH:
WHEREAS. BANKERS and AIR.MOTIVE, as the case may be, heretofore
conveyed to CITY certain lands in Sections II and IZ. Township 4Z South. Range
4Z East, Palen Beach County. Florida, consisting of (a) approximately 1 -1 /Z
Sections. less a strip 500 foot in width, extending along the northerly edge thereof,
subject to an outstanding mortgage in the amount of $173,586.57 as of January 1,
1961. said conveyance having been made by three deeds dated January 1. 1961
and recorded respectively in the public records of Palm Beach County in Official
Record Book 716, page 136, Official Record Book 716. gage 137 and Official
Record Boob 716. page 138. and (b) additional lands in said Section l i by a deed
dated January 1, 1962 and recorded in the public records of Palm Beach County
in Official Record Book 740, page 811 and
WHEREAS, it was the purpose and intent of BANKERS and CITY, as evidenced
by the minutes of the meeting of the City Council held on December 12. 1'961.
that although such conveyances included approximately I.1 /Z Sections of 14rO, as
described in said deeds above- referred to, the act-1 amount of land to be retained
by CITY was to be governed solely by the mount of land required to fulfill CITY'S
arrangement with P.C. A. hereinafter described; and
WHX;REAS. CITY has, pursuant to action taken at said meeting of
December 12, 1961. entered into a transaction with THE PROFESSIONAL
OOLrVRS' ASSOCIATION OF AMERICA, a Florida not -for- profit corporation
(herein referred to as "P. G.A."). by virtue of which the CITY was to construct
two golf courses and other facilities on a portion of said lands above referred to.
and to convey the same to P.O. A. free and clear of all liens and encumbrances,
and, in the course of such construction, improvements will be made to portions
- 1 -
of the property which will be contiguous and adjacent to that required for said
gott courses and anther facilities above referred to; and
WHEREAS, the map of the gaff course property as prepared by Brockway,
Wearer and Brockway, .'engineers. dated February 8. 196Z. a copy of which is
attached hereto and made a part hereof as Schedule "A ", discloses that part of
said golf course extends over and into a portion of Section 14, Township Q. South,
Range 42 East. which said Section 14 is presently awned by BANKERS. and CITY
has requested BANKERS to convey said additional land In Section 14 to CITY, or
to P. G. A. for Self clues purposes. pursuant to CITY'S agreement with P. G. A. ; and
WHEREAS, CITY, at the time it entered into said agreerneat with P.G.A..
was relying on the promise and agreement of BANKERS to advance all funds
necessary to finance the construction of said golf courses and other facilities for
P.G.A. and the improvement of the property contiguous and adjacent thereto,
including the funds to pay off and discharge the outstanding mortgages against said
lands, alt of which will be of material benefit to the growth and development of
CITY; and
WHEREAS. BANKERS has agreed with CITY that it would. in fact, advance
or cause to be advanced, the funds to finance such construction and improvements
and to pay off said mortgages above referred to, and CITY has agreed to reconvey
to BANKERS such portions of the lands alcove referred to as are not required for
or intended to be included within said Solt courses and other facilities to be con-
veyed by CITY to P. G.A.. a more particular statement and description of the
properties to be conveyed to P.G. A. and of the properties to be reconveyesd to
BANKERS being had by reference to Schodulo "B" attached hereto. subject to a
revised legal description and asap to be made as soon as a final determination
has boon made as to the area comprising the golf courses and other facilities to
be conveyed to P.O. A. as aforesaid; gad
WHEREAS.staamoeting of the City Coririril hold on December 5, 1461 certain
members of the City Council raised questions as to Hke position the CITY would
use in in the event. for any reason, the transaction between the P.G.A. and the
CITY could not be complatod or the CITY found it undesirable to do so, and
.. Z
WHEREAS, it was the intent of the CITY and BANKERS* as evidenced by
the minutes of such meeting, (and the intent of the CITY and AIRMOTNE as
evidenced by the minutes of a molting of the City Council held on February S,
1962) that the City was accepting such lands upon a proviso, namely that, in
the eventuality referred to in the preceding recital, the CITY should have the
option to convey all of such lands and its rights respecting the transaction to
BANKERS so that the transaction could be completed by BANKERS and the CITY
would not lose the benefits thereof and so that. in any case. the CITY should be
relieved of its responsibilities respecting such lands and transaction.
NOW. THEREffCRE« in consideration of the premises, and of the suns of
Ten Dollars ($10.00) and other good and valuable considerations, the receipt of
which is hereby acknowledged, the parties hereto have agreed and do hereby agree
as follows:
1. SANKERS agrees to and will furnish. or cause to be furnished. all funds
necessary for CITY to finance and complete the construction of the golf courses
and other facilities for P.G.A. and for the improvement of the property of the
CITY contiguous and adjacent thereto* including the payment of the outstanding
mortgages which are presently liens on a portion of said property.
2. BANKERS agrees to convoy, as a gift to the CI'T'Y. (for purposes of the
transaction with P. G. A.) said later in Section 19, as above referred to, such
conveyance to be made by warranty deed, free and clear of all liens and encusn-
branees. except tba usual easements and zoning regulations and restrictions of
public record.
3. CITY agrees to reconvey to BANKERS the lands above referred to and
more particularly described in Schedule "A ". being such portion of the lands
which were previously conveyed. or caused to be conveyed, by BANKERS to CITY.
as is finally determined as not being rmp►ired for said golf courses and other
facilities to be conveyed to P, G.A. by CITY in accordance with said agreement
of December Yd, 1961. Such conveyance by CITY to BANKERS shall be by warranty
deed in the usual statutory four;, free and clear of all liens or encumbrancess except
the usual easements end zoning regulations and restrictions of public record.
4. BANKERS agrees to reimburse CITY fear expenditures, if any. made
for Improvements to said 1*ntls to be reconveyed to BANKERS.
5. It is understood by BANKERS and AIRM®TIYE that the CITY is
accepting the lands hereinabove described upon a proviso respecting the comple-
tion of the transaction between the CITY and P. +G. A. Accordingly. BANKERS
and AIRMOTWE agree that, in the event that at any time prior to the completion
of the transaction between the CITY and P. G.A. for any reason it appears that
the transaction cannot be completed or the CITY deems it undesirable to do so.
the CITY shall have the absolute right and option, upon written notice to
BANKERS. to convey to BANKERS all of the lauds conveyed to the CITY for
purposes of the transactions (together with all improvements thereto), and assign
to BANKERS all of the CITY'S rights respecting such transaction, whereupon
BANKERS agrees that it will (a) accept such conveyance and assignment to it,
(b) complete such transaction so that the CITY will not lose the benefits thereof,
(c) assume and perforxra all of the CITY'S liabilities and Obligations whatsoever
to P.G. A. or otherwise as respects such transaction sea that the CITY will be
relieved of all such liabilities and obligations. (4) assume and perform all of the
CITY'S liabilities and obligations respecting ouch lands (and improverr,ents) so that
the CITY will be relieved of all such liabilities and obligations. (e) give the CITY
all suaas expended by it or which it is obligated to pay on account of such lands
(and improvements) and transaction. provided that BANKERS shall have the right.
with a view to its own financial requirements, to so give such sums to the CI'T'Y
at any time within 180 days after such reconvoyaaco, and (f) indemnify and hold
harmless the CITY from and against all liabilities or obligations whatsoever which
the CITY may have incurred because of such lands (and improvements) and such
transaction.
IN WITNEW WHERE03r, the parties hereto have caused these lreatmts to
be executed by their respective officers thereunto duly authortsned and their res-
pective corporates seals to be affixed. all as of the day and year first above
.4-
Wifitten:
Signed, Sealed and Delivered
in the presence of:
as to BANKERS
BANKERS AND CASUALTY CO24PANY'
AND CASUALTY"
vice President'
Attest:
Secretary
AMERICAN AIRMOTIVEJORPORATION
11LA
By
ace to AIRMOTIVE F-
Vi4e ros out
Attest:
Assistant Secretary
CITY OF PALM BEACH GA DENS
as to CITY y7ZL Vice M ayor
Aftemit:
STATE OF FLORIDA
COUNTY OT PALM BEACH
I HEREBY CERTIFY that an this day, before me. an officer duly authorized
in the State and Co—ty aforesaid to take acknowledgments, personally appeared
L. J. LEHANE and C. T. HYL2ND well known to me to be the Vice President
and secretary respectively of BANKERS LIFE AND CASUALTY COMPANY and
that they severally acknowledged executing the same in the presence of two sub.
scribing witnesses freely and voluntarily under authority duly vested in them by
said corporation and that the seal affixed thereto is the true corporate seal of said
corporation.
WITNESS my hwnd and official seal In the County and State last aior"aid this
10th day of February, 1962.
Notary Putlic�/"
jar, 4, 196f2-
STATE OF FLORIDA Ronc�,)d bg 59W%11�0�4 :Pa 4--'
COUNTY OF PALM BEACH
- 5-
I HEREBY CERTIFY Omt on this day, before me, an officer duly authorized
in the Slate And County aforesaid to take acknowledgments, personally appeared
NORMAN ROWLAND and C. T. HYLAND# well known to me to be the Vice
President and Assistant Secretary of AMERICAN AIRMOTIVE CORPORATION
*�-O they severally acknowledged executing the seats in the presence of two
I y
subscribing witnesses freely and voluntarily wander authority drily vested in them
by said corporation and that the seal affixed thereto is the true corporate seal of
said corporation.
WITPaESS nay hard wtd official seal in the County and State last aforesaid
this loth clay of Fe u%ary. 1962.
Notary ]PublIk
STATE OF FLORMA
COUNTY OF 'PALM BEACH I
I HFRE137C CERTI3rY that on this day, before me. an officer duly Y
asuthorixod in the State and County aforesaid to take acknowledgments. personally
appeared NORMAN D. ROWL.AND &atad WILLIAM L. CARGILL. well known to me
to be the Vice, Mayor and City Clerk of CITY OF PALM BEACH GARDENS and
they severally acknowledged executing the same in the presence of two subscriVing
witnesses freely and voluntarily under authority duly vested in there by said
municipal corporation and that the seal affixed th"ato is the true corporate seal
of said muaicipaality.
WITNESS xasy hand and official seal in the County and State last aforesaid
this loth day of February. 1962.
,
loot$ c
FJojida afi arge
jar. •j, 1566