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Agenda Item #: PALM BEACH COUNTY
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY
Meeting Date: September 9, 2014 [X] Consent [ ] Regular
3H-7
[ ] Ordinance Department: Facilities Development & Operations
[ ] Public Hearing
I
I. EXECUTIVE BRIEF
Motion and Title: Staff recommends motion to: A) accept a Quit Claim Deed from the City of Delray Beach for approximately .05 acres adjacent
to the South County Courthouse Parking Garage in Delray Beach; and
B) adopt a Resolution authorizing the conveyance of the County's interest in .10 acres to the City of Delray Beach without charge and with reservation of mineral and petroleum rights, but without the right of entry pursuant to Florida Statutes Section 270.11; and
C) approve a County Deed in favor of the City of Delray Beach.
Summary: In November 2002, the County, the City of Delray Beach (City), the Delray Beach Library (Library) and the Delray Beach Community Redevelopment Agency (CRA) entered into an Agreement (R2002-1980) for the construction and operation of a parking garage for use by employees and visitors to the South County Courthouse, a new City library, and future redevelopment along West Atlantic Avenue. The parking garage and the library were completed in 2004 and 2005 respectively. On May 7, 2013, the City approved the South County Courthouse Complex Expansion re-plat which included both the County's parking garage and the City's library. This re-plat also accomplished the abandonment of two existing alleys. The Agreement requires the parties to convey to each other portions of the abandoned alleys to round out their respective properties, which will be accomplished by exchange of the deeds included in this item. The County Deed is subject to a reverter clause in the event the property is not used for a library or City use. (PREM) District 7 (HJF)
Background and Justification: The South County Courthouse Complex Expansion re-plat was recorded on June 29, 2013, in Official Records Plat Book 117, Page 11 in the public records of Palm Beach County. The re-plat abandoned a 16' east-west alley and a 16' north-south alley originally established in the Map of the Town of Linton plat as recorded in Plat Book 1, Page 3 of the said public records. The County, as one of the two property owners within the overall re-plat property, approved the re-plat on April 2, 2013.
Attachments: 1. Location Map 2. Quit Claim Deed 3. Resolution 4. County Deed
Recommended By:~·,,__~ ·-·¾.,..__. __ (\_...,,_~-~-' :v\ __ vJ_, _w-+-f-· _____ i_l_1 ____ l_, ----~-----Department Director Date
Approved By: County Administrator Date
,f~\
II. FISCAL IMP ACT ANALYSIS
A. Five Year Summary of Fiscal Impact:
Fiscal Years 2014 2015 2016 2017 2018
Capital Expenditures $56 Operating Costs External Revenues Program Income (County) In-Kind Match (County
NET FISCAL IMP ACT "$56
# ADDITIONAL FTE 0 POSITIONS (Cumulative)
Is Item Included in Current Budget: Yes 'I... No
Budget Account No: Fund 0001 Dept 410 Unit 4240 Object 3401 Program
B. Recommended Sources of Funds/Summary of Fiscal Impact:
~ The City will pay $1,236 in title policy expenses and the County will pay approximately $56 in recording cost.
C.
i vf,/Lf Departmental Fiscal Review: _____ /.....,l _/_l_ejl---' ______ _
V
III. REVIEW COMMENTS
A. nd/or Contract Development Comments:
B. Leg~S~c~ *~ r!pi'/,q Assi~ ~nty Attorney '
C. Other Department Review:
Department Director
This summary is not to be used as a basis for payment.
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Page 111
TWP 4o
TWP 46
TWP 46
D See pg 105
RNG43 See pg 118
C
34
35
36
RNG43 Page 111
Prepared by and Return to: Christine Steiner, Real Estate Specialist Palm Beach County Property & Real Estate Management Division 2633 Vista Parkway West Palm Beach.FL 33411
Property Control Number: Not assigned# - Aqjacent to and south of 12-43-46-16-01-053-0010
QUIT-CLAIM DEED
~ QUIT-CLAIM DEED made and executed this ;), ~ ~~ 2014, by the CITY OF DELRAY BEACH, FLORIDA,
day of
a Florida Municipal Corporation, whose legal mailing address is 100 NW 1st A venue, Delray Beach, Florida 33444-2698, hereinafter called the "Grantor", in favor of PALM BEACH COUNTY, a political subdivision of the State of Florida whose address is 301 North Olive Avenue, West Palm Beach, Florida 33401-4791, hereinafter called the "Grantee".
WITNESSETH
That the said Grantor, for and in consideration of the sum of $1.00, in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the Grantee forever, all the right, title, interest, claim and demand which the said Gran.tor has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit:
See Exhibit "A" attached hereto and made a part hereof (the "Property")
TO HA VE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee forever.
THE REMAINDER OF TIDS PAGE INTENTIONALLY LEFI' BLANK
Pagel of2
IN WITNESS WHEREOF the Orantor has caused these presents to be executed in its name, and j_ts .. ocJttli:,fa1e,i~~~ to be hereunto affixed, by its proper officers thereto duly authorized, this ~).' .~cJ.. ye~ ~fltsf~bofe:.yvritten.
•. \..~f :c:;~Cfl~' -~·. -<::~:-f}f1}. ATTEST; ~. '.•:{ ·\\ 'f:;,. GRANTOR:
By-~ ·''.~L THE. CITY OF DELRAY BEACH, a Florida Ch~~~lle ~~- Nubin~ .. Cfty.CJ'.~rk 1 ·
. ; .. ··•: •. ,- ,.i"J;.tll, . ' .. .,:,Orf~. ·. .,ft:'. Signed, ·~t~al~~1lud~4e~~redt~· By: --"'-~..,.c:;;;_ _______ _
in the presehoe .. qf·-'· ~t :·· .. :7 .- .
(OFFICIAL SEAL)
itness Signature
Jbta,~o ;(u; 2 Print Witness Name
Print Witness
STATE OF FLORIDA COUNTY OF PALM BEACH +h
The foregoing instrument was acknowledged before me this 3' day of A pvj \ , 2014, as being executed by Cary Glickstein, as Mayor, who is
, personally known,to me or have produced ____ identification and who did ( did not) take an oath.
VALERIE A. BLAKE · MY COMMISSION #EE144047
EXPIRES: NOV 06, 2015 80nd1d through 1st state lnsunmns
Date: (j_pi4 CJfl1
..20/4
Nptary Signature Va \ev\e. A:,
Name 'Bl aKe
Commission No. EE l-4404:\-
Mycommissionexpires: ~- C<ot .:)()1.5
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Page2of2
Exhibit "A"
North 8 feet of south 16 feet of Tract "A," South County Courthouse Complex Expansion Plat, as recorded in the Plat Book 117, Page 11, Public Records of Palm Beach County, Florida.
RESOLUTION NO. 2014-
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY· TO THE CITY OF DELRAY BEACH, PURSUANT TO FLORIDA STATUTES, SECTION 125.38, WITHOUT CHARGE AND WITH MINERAL AND PETROLEUM RIGHTS RESERVATION WITHOUT RIGHTS OF ENTRY AND EXPLORATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, a Florida municipal corporation
("City"), has made application to the Board of County Commissioners of Palm Beach
County requesting that Palm Beach County convey .105 5 acres of surplus real property to
the City for use as a part of the City's adjacent library property; and
WHEREAS, the Board of County Commissioners of Palm Beach County
hereby finds that the aforementioned use constitutes a use for the community interest and
welfare, such real property is required for such use and such real property is not needed
for County purposes; and
WHEREAS, pursuant to Florida Statutes, Section 270.11, the City has
requested that such property be conveyed without reservation of and to release the rights
of entry and exploration relating to mineral and petroleum rights; and
WHEREAS, the Board of County Commissioners of Palm Beach County
hereby agrees to convey such property reserving phosphate, mineral, metals and
petroleum rights but releasing any and all rights of entry and exploration relating to such
rights.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that:
Section 1. Recitals
The foregoing recitals are true and correct and incorporated herein by reference.
Section 2. Authorization to Convey Real Property
The Board of County Commissioners of Palm Beach County shall convey to the
City, without charge and by County Deed attached hereto and incorporated herein by
Page 1 of2
reference, the real property legally described in such Deed, subject to a reverter clause in
the event the property is not used for a library or City uses.
Section 3. Conflict with Federal or State Law or County Charter
Any statutory or Charter provisions in conflict with this Resolution shall prevail.
Section 4. Effective Date
The provisions of this Resolution shall be effective immediately upon adoption
hereof.
The foregoing Resolution was offered by Commissioner _______ who
moved its adoption. The Motion was seconded by Commissioner _____ __,
upon being put to a vote, the vote was as follows:
Commissioner Priscilla A. Taylor, Mayor Commissioner Paulette Burdick, Vice Mayor Commissioner Hal R. Valeche Commissioner Shelley Vana Commissioner Steven L. Abrams Commissioner Mary Lou Berger Commissioner Jess R. Santamaria
and
The Mayor thereupon declared the resolution duly passed and adopted this __ _
day of ________ _;, 2014.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
//:)_£___;::/~ ) ,--By: _/L;--'--__ ✓....._· .? __ ./f _ ??£_,,,,.,,..-__
hr" ,, AssistantC.dunty Attorney
PALM BEACH COUNTY, a political subdivision of the State of Florida BOARD OF COUNTY COMMISSIONERS
SHARON R. BOCK CLERK & COMPTROLLER
By: Deputy Clerk
APPROVED AS TO TERMS AND CONDITIONS .,.,-·····'""'''7
(" "/' '~ · v/. l,._,-,· (-r-.. · · ·0· By. ,., :Oe.PUrtment Dir~ct6r
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PREPARED BY AND RETURN TO: Ben Williamson Exhibit "A" PALM BEACH COUNTY PROPERTY & REAL EST A TE MANAGEMENT DNISION 2633 Vista Parkway West Palm Beach, FL 33411-5605
PCN: 12-43-46-17-67-00J-0000 (a portion of)
COUNTY DEED
(to Resolution)
This COUNTY DEED, made _____ ~ by PALM BEACH COUNTY, a political subdivision of the State of Florida, whose legal mailing <!l,ddress is 301 North Olive Avenue, West Palm Beach, Florida, 33401-4791, party of the first part ("County"), and CITY OF DELRAY BEACH, FLORIDA, a Florida Municipal Corporation, whose legal mailing address is 100 NW 1st Avenue, Delray Beach, Florida 33444-2698, party of the second part ("City").
W I T N E S S E T H:
That the said party of the first part, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00) to it in hand paid by the party of the second part, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained and sold to the party of the second part, its successors and assigns forever, the following described land lying and being in Palm Beach County, Florida:
See Exhibit "A" (the "Property") attached hereto and made a part hereof.
Reserving, however, unto party of the first part, its successors and assigns an undivided three-fourths (3/4) interest in, and title in and to an undivided three-fourths (3/4) 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 (1/2) 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 party of the first part hereby expressly releases, any and all rights of entry and rights of exploration relating to such phosphate, mineral, metals and petroleum rights.
This conveyance is made by County on the expressed conditions that the use of the Property shall be restricted to library and customary ancillary uses. In addition, provided the Property is being utilized for library purposes, the City may use the Property for other municipal purposes which: 1) do not increase or modify the traffic and internal circulation patterns within the adjacent County parking garage or on rights-of-way adjacent to the South County Courthouse; and 2) do not violate the County's tax-exempt bond restrictions. Additionally, in the event that the lease between the City and Delray Beach Public Library, a Not for Profit Florida Corporation ("Library") is terminated (except for termination of the ~ease in the event that the Library purchases the Property from the City), the City may reque~t
Page 1 of2
to use the Property for City operations or to lease the Property to a non-City entity, provided that the proposed use does not have additional impacts on the parking and internal circulation beyond that which results from use by the Library, and such proposed use does not violate the County's tax-exempt bond restrictions; and, if any of the above use restrictions or conditions are violated as to all or any part of the Property, then at County's option, exercisable by written notice to City at any time following such yiolation, which notice sets forth the nature of the violation, and further provided that if the violation is not corrected to County's reasonable satisfaction within thirty (30) days of the date of receipt of the notice, then all right, title and interest in and to the Property and to any improvements thereon, will revert to and rev est in County, as fully and completely as if this instrument had not been executed, and County shall be entitled to immediate possession thereof.
IN WITNESS WHEREOF, the said party of the first part 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 CLERK & COMPTROLLER
By: _________ _ Deputy Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
By: ________ _ Assistant County Attorney
PALM BEACH COUNTY, a political subdivision of the State of Florida
By: ________ _ Prisdlla A. Taylor, Mayor
(OFFICIAL SEAL)
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Exhibit "A"
South 16 feet of Tract "A," South County Courthouse Complex Expansion Plat, as recorded in the Plat Book 117, Page 11, Public Recor~s of Palm Beach County, Florida.
PREPARED BY AND RETURN TO: Ben Williamson PALM BEACH COUNTY PROPERTY & REAL ESTATE MANAGEMENT DIVISION 2633 Vista Parkway West Palm Beach, FL 33411-5605
PCN: 12-43-46-17-67-00I-0000 (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 30 I North Olive A venue, West Palm Beach, Florida, 33401-4 791, party of the first part ("County"), and CITY OF DELRAY BEACH, FLORIDA, a Florida Municipal Corporation, whos-e legal mailing address is 100 NW 1st Avenue, Delray Beach, Florida 33444-2698, party of the second part.("City").
W I T N E S S E T H:
That the said party of the first part, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00) to it in hand paid by the party of the second part, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained and sold to the party of the second part, its successors and assigns forever, the following described land lying and being in Palm Beach County, Florida:
See Exhibit "A" (the "Property") attached hereto and made a part hereof.
Reserving, however, unto party of the first part, its successors and assigns an undivided three-fourths (3/4) interest in, and title in and to an undivided three-fourths (3/4) 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 (1/2) 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 party of the first part hereby expressly releases, any and all rights of entry and rights of exploration relating to such phosphate, mineral, metals and petroleum rights.
This conveyance is made by County on the expressed conditions that the use of the Property shall be restricted to library and customary ancillary uses. In addition, provided the Property is being utilized for library purposes, the City may use the Property for other municipal purposes which: 1) do not increase or modify the traffic and internal circulation patterns within the adjacent County parking garage or on rights-of-way adjacent to the South County Courthouse; and 2) do not violate the County's tax-exempt bond restrictions. Additionally, in the event that the lease between the City and Delray Beach Public Library, a Not for Profit Florida Corporation ("Library") is terminated ( except for termination of the lease in the event that the Library purchases the Property from the City), the City may request
Page 1 of2
to use the Property for City operations or to lease the Property to a non-City entity, provided that the proposed use does not have additional impacts on the parking and internal circulation beyond that which results from use by the Library, and such proposed use does not violate the County's tax-exempt bond restrictions; and, if any of the above use restrictions or conditions are violated as to all or any part of the Property, then at County's option, exercisable by written notice to City at any time following such violation, which notice sets forth the nature of the violation, and further provided that if the violation is not corrected to County's reasonable satisfaction within thirty (30) days of the date of receipt of the notice, then all right, title and interest in and to the Property and to any improvements thereon, will revert to and rev est in County, as fully and completely as if this instrument had not been executed, and County shall be entitled to immediate possession thereof.
IN WITNESS WHEREOF, the said party of the first part 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 CLERK & COMPTROLLER
By: ________ _ Deputy Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
nty Attorney
PALM BEACH COUNTY, a political subdivision of the State of Florida
By: ________ _ Priscilla A. Taylor, Mayor
(OFFICIAL SEAL)
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Exhibit "A"
South 16 feet of Tract "A," South County Courthouse Complex Expansion Plat, as recorded in the Plat Book 117, Page 11, Public Records of Palm Beach County, Florida.
