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HomeMy WebLinkAboutRes 1966-286 Authorizing the Settlement of that Certain Lawsuit involving the Village vs Herbert A Ross et al setting forth conditions and terms thereof• • • • RESOLUTION N0. 286-66 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE SETTLEMENT OF THAT CERTAIN LAWSUIT INVOLVING THE VILLAGE OF NORTH PALM BEACH VS. HERBERT A. ROSS, ET AL SETTING FORTH CONDITIONS AND TERMS THEREOF. WHEREAS, the Village of North Palm Beach has been engaged in extensive litigation with Herbert A. Ross, individually and as Trustee, and with Edith Ross, his wife, in the Circuit Court of Palm Beach County, Florida, in that certain case in Chancery No. 64 C 3069-F, and WHEREAS, the Village Attorney has received a letter dated December 23, 1966 from the attorneys for the defendants setting forth the terms of a proposed settlement, and WHEREAS, the Village Council are fully familiar with the lawsuit and with the terms of the settlement and believe it to be for the best interest of the Village of North Palm Beach that such settlement be made, NOW THEREFORE, be it resolved by the Village Council of North Palm Beach, Florida: Section 1 Village attorney be and he is hereby authorized to enter into a stipu- lation with the attorneys for Herbert A. Ross, et al in that certain Chancery Case in Palm Beach County, Florida, No. 64 C 3069-F, to the effect that said lawsuit be settled as follows: A. That the Circuit Court of Palm Beach County enter a final decree granting the specific performance sought by the Village as of the date tender of the purchase price of the property involved was made by the Village to the defendant Ross and directing said Herbert A. Ross, a/k/a H. A. Ross, individually and as successive trustee and Edith L. Ross, his wife, to convey to the Village of North Palm Beach, Florida, a municipal corporation, the parcel of land described in Exhibit C attached to this resolution, less and except a certain 1.08 acres previously conveyed to the Village of North Palm Beach. Further stipulation that the final decree also contain the provision that title to and ownership of said property was in truth and fact and law vested in the Village of North Palm Beach as of the date of tender being during the month of December 1964. B. Further stipulation and agreement that said Order be entered nunc pro tunc, it being the agreement of the parties that the ownership of said land belong to the Village of North Palm Beach by January 1, 1965 and was owned by the Village of North Palm Beach from that time forward as part of its Country Club facilities being used for municipal purposes. • • • • RESOLUTION NO. 286-66 Page -2- C. In payment of the aforesaid land, the Village Treasurer being directed to pay to H. A. Ross individually and as successive trustee, and Edith L. Ross, his wife, the sum of $24,900.00 being the option price on said parcel of land, at the rate bf $6,000.00 per acre of 4.15 acres. D. A final stipulation that the parties to the lawsuit bear their own costs expended in and about the prosecution and defense of said lawsuit. Section 2. In the event that the Circuit Court of Palm Beach County refuses to enter an order based upon the stipulations referred to above, then the Village Attorney and Village Manager are directed and authorized to complete negotiations with the defendants to accomplish the stipulated ends referred to above those being the transfer of the 4.15 acres from the defendants to the Village of North Palm Beach for the sum of $24,900.00 and proper steps bing taken with regard to taxes of the Village of North Palm Beach and of Palm Beach County as would have been accomplished if the above referred to stipulations had been incorporated in an Order by the Circuit Court of Palm Beach County. PASSED AND ADOPTED THIS 27TH DAY OF DECEMBER, 1966 (SEAL) ATTEST: Village Clerk VICE -MAYOR 4.T -..f- -7-_S .07--,-1 itzr raid :.,moo_ ol of lanf.: f.n Scct'cr-9, cc. ✓.. Co z :w„ 7 _orwc", ::anti- u.. —u. ..... 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