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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 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 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 `J 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. r~ u :~ n u 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 .- 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..,.., ~: !. !w a t=. . YFk ~ [' F . ~' ~ ~_; . t A ,~~ ._ ~,~ 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 --- '" its Resolution No. 280-66, titled Replat of Village East, rendering the- .'.;;: _: ,, ,:_,~ _ ~,. 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 . __ _,- -_. - .___ _ _-! _, ,.. easement running to Florida Power & Light Company and storm sewer- t '..~~• easement, and those easements wherein North Palm. Beach Utilities Company - •,. as present acilities installed. - _ ,_, , ~, ~ .. i.. , 'its'A2a,"c`n1'o'A!'diiU7~r'a's'c':fU~2c.'A4Yd'd'H~G's a45fi E'oISFS'sELldf!`5 Af L£t4} IJR~'J~J &r'J~'id'U'1t:~idff:' d;C2M' ~L~n't,7!'d~oi7lHA^ .._ . . ~. - i ~- ` "~. •ra~..v, .e+-- ~.;.wr,.m~.~--.e«-«n^.nor+,~^.~, ;~'iw,;yw-„w~.~w^m M--cw~A+;-rya-.a.~; ;~..,.....,.. ~,.. ,~:,,-w. - - _°"" _ __ - - i~ .fix:, .. %.6~~Y -.~ ~ e ,~ ~ , ~:a.m,F'i+ q,'••_.•-:zW r3~IFM~`~~.."Y"A",NaVF'^MwAMew,O+!Yt,f+'R..GINYHx~F;Hw~ msgMawMt - x~~n,*m.ain<~a~wMn~av' en . rarrmm+.wagn 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 ~, , +~r to the Defendant, BANKERS MULTIPLE LINE INSURANCE COMPAhTY. _ ~;,. 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. '_ „-,..,..,~,. m, .. ~ _. ~.,,.:~-.:... ..~,..m