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Home My WebLink AboutRes 1968-336 Rescinding Reolution No. 280-66 which Accepted Plat of Village East and Vacating Plat of Palm Beach - Lake Worth Estates• • • • RESOLUTION NO. 336-68 A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, RESCINDING RESOLUTION NO. 280-66 WHICH ACCEPTED THE PLAT OF VILLAGE EAST; AND VACATING AND ABANDONING THE PLAT OF PALM 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 OF 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 plat has not been improved with plat improvements required under the platting ordinances of the Village of North Palm Beach, and WHEREAS, the Villge 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 reglatted 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 areaas 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 House by its proponents, and WHEREAS, the owners of the property described on the Plat of VILLAGE EAST and on the original P1a,t 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 acreage, and • 1 1 • • • 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 as 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 and 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 RESOLVED 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, as 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 are set forth in Exhibit A attached to this Resolution and by reference made a part of this Resolution. Section 3. The Village Attorney is hereby authorized and directed to sign 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 attached hereto and by reference made a part hereof. Section 4. 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. 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, including portions shown on said Plat as "Not included" to acreage (except as 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. ATTEST: /s/ Dolores R. Walker Village Clerk • • /s/ Thomas F. Lewis MAYOR EXHIBIT 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. IN THE CIRCUIT COURT OF THE FIFTEENTH .TUDICIAIJ CIRCUIT OF FLORIDA IN AND =- FOR"PALM BEACH COUNTY, CIVIL ACTION CASE NO. 67 C 4126 - Hewitt THE VILLAGE OF NORTH PALM BEACH, ) FLORIDA, a municipal corporation ) organized and existing under the - ) 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 IS HEREBY STIPULATED by and between counsel for the Plaintiff, THE VILLAGE OF NORTH PALM BEACH, FLORIDA, and counsel far 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 its Resolution No. 280-66, titled Replat of Village East, rendering the Plat of 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 - Worth Estates, recorded in Plat Book 25, page 169, Public Records of - Palm Beach County, Florida, save and except those public utility ease- ments 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. - - `a •21`46YeE.VrYbbiNVEVg tid1145'sLLdf4g A4 Lk.. UROL# 4Jti$406:•Wff'i An'M.,, .'Y i"aMrstA'wup'1M•eM'YN1te.,'eMtGmreMt+"FrMwuwvGaxiw-nsroon-Mt d' I 'YIP IT IS FURTHER STIPULATED AND AGREED that the Defendant, 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 in 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 __ Worth 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 - - to the Defendant, BANKERS MULTIPLE LINE INSURANCE COMPANY. IT IS FURTHER STIPULATED AND AGREED that this 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- tion. NASON & GILDAN - 1015 Harvey Building West Palm Beach," Florida Attorneys for Plaintiff By FISHER, PRIOR, PRUITT & SCHULLE 1100 Harvey Building - West Palm Beach, Florida Attorneys for Defendants Page Two rfrlOsritY'dh.'}situ1si*`b`+e'iWmt'E.QhYCit';', b14 EB11113EEt8tI kiLAW: PAhVEY dWikdlMaK't•/Estdil4A^Lien241.'{16r8bA".____