1968-336 Rescinding Reolution No. 280-66 which Accepted Plat of Village East and Vacating Plat of Palm Beach - Lake Worth Estates
RESOLUTION N0, 336-68
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA,
RESCINDING RESOLUTION N0. 280-66 WHICH ACCEPTED THE PLAT OF VILLAGE EAST; AND
VACATING AND ABANDONING THE PLAT OF PALD4-BEACH-LAKE WORTH ESTATES, AS RECORDED IN
PLAT BOOK 25, PAGE 169, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, EXCEPTING
FROM SAID VACATION, ABANDONMENT AND RECISION PUBLIC UTILITY EASEMENTS LOCATED
' ON PROPERTIES COVERED BY SAID PLATS WHICH ARE IN PRESENT USE; AND AUTHORIZING
THE VILLAGE ATTORNEY TO STIPULATE FOR THE DISMISSAL OF THE LAW SUIT INVOLVING THE
VILLAGE OP NORTH PALM BEACH, BANKERS MULTIPLE LINE INSURANCE COMPANY, ROYAL AMERICAN
REALTY, INC. AND WALTER ARMSTRONG CONSTRUCTION COMPANY CONCERNING THE PLATS
MENTIONED ABOVE UPON AGREEMENT BY ROYAL AMERICAN REALTY, INC. TO BE RESPONSIBLE
FOR THE INSTALLATION OF ALL PUBLIC IMPROVEMENTS IN THE PROPERTIES DESCRIBED ABOVE;
AND DIRECTING THE VILLAGE MANAGER TO RETURN THE CERTAIN PERFORMANCE AND PAYMENT BOND
DATED AUGUST 9, 1966 CONCERNING THE ABOVE PLATS ISSUED BY BANKERS MULTIPLE-:-LINE, .
INSURANCE COMPANY.
WHEREAS, the Plat of PALM BEACH-LAKE WORTH ESTATES recorded in Plat Book
25, Page 169, public records of Palm Beach County, Florida lies within the boundaries
of the Village of North Palm Beach, which said p1a.t has not been improved with plat
improvements required under the platting ordinances of the Village of North Palm
Beach, and
WHEREAS, the Vill~;e of North Palm Beach has not accepted for maintenance
or other purposes the plat improvements required for the Plat of PALM BEACH-LAKE
WORTH ESTATES referred to above, and
WHEREAS, By Resolution No. 280-66 the Village of North Palm Beach replatted
the Plat of PALM BEACH-LAKE WORTH ESTATES, recorded in Plat Book 25, Page 169,
public records of Palm Beach County, Florida., by replatting said area. a.s the
• Plat of VILLAGE EAST and accepted a bond of Bankers Multiple Line Insurance Company
guaranteeing the Village of North Palm Beach that said Plat would be improved
according to the existing platting ordinances of said Village; and
WHEREAS, the Plat of VILLAGE EAST was never recorded in the Palm Beach
County Court I{ouse by its proponents, and
WHEREAS, the owners of the property described on the Plat of VILLAGE EAST
and on the original Plat of PALM BEACH-LAKE WORTH ESTATES, as recorded in Plat
Book 25, Page 169, public records of Palm Beach County, Florida„ desire to have the
land encompassed by said plats returned to a.crea.ge, and
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Resolution No. 336-68
Page two
WHEREAS, the Village of.' North Palm Beach will be reimbursed for its
costs and expenses incurred in platting the land a.s VILLAGE EAST and in filing a
law suit to enforce the bond on said plat, and
WHEREAS, it is to the best interests of the owners of the property
a.nd to the best interests of the taxpayers and citizens of the Village of North
Palm Beach that said land be returned to acreage and that any obligations of the
Village of North Palm Beach to improve said land as required for plats of the
Village of North Palm Beach be eliminated,
NOW, THEREFORE, BE IT F~ESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA:
Section 1. Resolution No. 280-66 of the Village of North Palm Beach,
being a, resolution accepting the Plat of VILLAGE EAST, which replatted the Plat of
PALM BEACH-LAKE WORTH ESTATES, as recorded in Plat Book 25, Page 169, public records
of Palm Beach County, Florida., be and the same is hereby rescinded and the Plat of
VILLAGE EAST be, and the same is hereby, vacated and abandoned and rendered null
and void on the records of the Village of North Palm Beach.
Section 2. The Plat of PALM BEACH-LAKE WORTH ESTATES, a.s recorded in
Plat Book 25, Page 169, public records of Palm Beach County, Florida., be and the
same is hereby vacated and abandoned, save and except public utility easements
presently in use as same a.re set forth in Exhibit A attached to this Resolution
and by reference made a part of this Resolution.
Section 3. The Villages Attorney is hereby authorized and directed to sign
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that certain Stipulation between the Village of North Palm Beach, Florida., Royal
American Realty, Inc. and Bankers Multiple Line Insurance Company dismissing
Case No. 67 C 4126-Hewitt with prejudice as set forth on Exhibit B a,tta.ched
hereto and by reference made a part hereof.
Section ~F. The Village Manager is hereby directed to return the original
bond issued by Bankers Multiple Line Insurance Company dated August 9, 1966 alluding
to PALM BEACH-LAKE WORTH ESTATES, and more particularly to VILLAGE EAST of the
Village of North Palm Beach, Florida.
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Resolution No, 336-68
Page three
' Section 5. It is the purpose of this Resolution to return the property
described in the plats referred to in this Resolution, in d.uding portions shown
on said Plat as "Not included" to acreage (except a.s set forth on Exhibit A attached
to this Resolution), thereby assuring the Village of North Palm Beach that it is
under no obligation to furnish any plat improvements to property owners in said
area..
PASSED AND ADOPTED THIS 27 DAY OF FEBRUARY, 1968.
/s/ Thomas F. Lewis
MAYOR
ATTEST:
/s/ Dolores R. Walker
Village Clerk
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BXl(IBIT A
Public utility easements which-are. in present use, including
but not limited to, the anchor easement running to Florida __.
Power & Light Company and storm sewer easement, and those ___
easements wherein North Palm Beach Utilities Company has
present facilities installed..,..,
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IN THE CIRCUIT COURT OF THE FIFTEENTH
SUDICIAL; CIRCUIT OF FLORIDA IId AND = -
FOR"PALM BEACH COUNTY, CIVIL ACTION" -
CA5E NO, 67 C 4126 -Hewitt '
THE VILLAGE OF NORTH PALM BEACH, - )
FLORIDA, a municipal corporation )
organized and existing under the _ , j
laws of the State of Florida, )
Plaintiff, )
vs. }
BANKERS MULTIPLE LINE INSURANCE-- )
COMPANY, an Iowa corporation duly )
licensed to do business in Florida; ROYAL--)
AMERICAN REALTY, INC. , a Florida )
corporation, and WALTER ARMSTRONG ;)
CONSTRUCTION COMPANY, a Florida '_ )
corporation# )
Defendants. )
STIPULATION
IT 7S HEREBY STIPULATED by and between counsel for the
Plaintiff, THE VILLAGE OF NORTH PALM BEACH, FLORIDA, and
counsel for the Defendant, ROYAL AMERICAN REALTY, INC., and
BANKERS MULTIPLE LINE INSURANCE COMPANY, that the VILLAGE -.- _ '
OF NORTH PALM BEACH will take all necessary action to rescind
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its Resolution No. 280-66, titled Replat of Village East, rendering the- .'.;;: _: ,, ,:_,~
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at o Village East null and void: -"- _ --- --
IT IS FURTHER STIPULATED AND AGREED that the VILLAGE --
shall by Resolution vacate and abandon the Plat of palm Beach Lake
ZPorth Estates, recorded in Plat Book 25, page 169, Public Records of -. _ _ _ .
Palm Beach County, Florida, save and except those public utility ease-
- meats which are in present use, including but not limited to the anchor . __ _,- -_. - .___ _ _-!
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easement running to Florida Power & Light Company and storm sewer-
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easement, and those easements wherein North Palm. Beach Utilities Company -
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as present acilities installed. - _ ,_,
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ROYAL AMERICAN REALTY, INC. , and/or its successors in title, '
shall hold the VILLAGE OF NORTH PALM BEACH, FLORIDA, harmless ~"
for the installation of the public improvements reflected is either of --
the Plats heretofore described and all such improvements, if any, ~ __
shall, be completed by ROYAL AMERICAN REALTY, INC. , and/or its
successors in title.
IT IS FURTHER STIPULATED AND AGREED that the performance =_ .. .
and payment bond dated August 9, 1966, alluding to Palm Beach Lake __ -__ __
North Estates in the Village of North Palm Beach, and more particularly _
to Village East, be canceled and set aside and the principals and sureties
thereunder be relieved of all obligations and that the bond be returned
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+~r to the Defendant, BANKERS MULTIPLE LINE INSURANCE COMPAhTY. _
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IT IS FURTHER STIPULATED AND AGREED that phis suit be
' dismissed with prejudice.
~~ The purpose of the foregoing Stipulation is to put at rest all
issues that have been raised or could be raised in the above styled litiga- "
Lion. '_
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