City Commission Agenda Cover Memorandum

Transcription

1 City Commission Agenda Cover Memorandum Originating Department: Planning & Zoning (PZ) Meeting Type: Regular Agenda Date: 03/14/2016 Advertised: Required?: Yes No ACM#: Subject: Resolution No amending Resolution No regarding the abandonment of an alley right-of-way located between Dixie Highway and Quadrille Boulevard, between Evernia Street and Datura Street, providing for the execution and escrow of the Disclaimer. Ordinance/Resolution: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING RESOLUTION NO VACATING AND ABANDONING AN ALLEY RIGHT-OF-WAY LOCATED BETWEEN DIXIE HIGHWAY AND QUADRILLE BOULEVARD NORTH OF EVERNIA STREET AND SOUTH OF DATURA STREET TO ALLOW THE EXECUTION AND ESCROW OF THE DISCLAIMER; AUTHORIZING AN ESCROW INSTRUCTION LETTER TO THE TITLE COMPANY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Staff Recommended Motion: Approve Resolution No Background: Chuck Millar and Harvey Oyer on behalf of 207 Dixie LLC, 424 Datura LLC, and 427 Evernia, has submitted a petition for the abandonment of the platted 14-foot alley, consisting of approximately 5,460 square feet, and located between Quadrille Boulevard and Dixie highway, north of Evernia Street and south of Datura Street, pursuant to Chapter 78, Article VII, of the Code of Ordinance of the City of West Palm Beach, Florida. The applicants are the owners of the property north and south of the subject right-of-way and are proposing the construction of a new 8-story 316 residential unit building. The applicants agreed to compensate the City in the amount of $490,000 as the value for the alley to be abandoned, as estimated by an appraisal conducted by Anderson & Carr, Inc., dated June 24, By Resolution No , on October 13, 2015, the City Commission made findings and approved the abandonment of the alley and authorized the Mayor to execute the Disclaimer of interest in the alley upon receipt of the agreed compensation.

2 AGENDA COVER MEMORANDUM Page 2 C.M. # Date: The applicants now request, in order to simplify their loan closing and the issuance of title insurance, that the Mayor be authorized to execute the Disclaimer in advance and deposit it into escrow with a provision that it cannot be recorded until the City receives the agreed compensation, which compensation will come from the loan closing; Resolution No amends Resolution No and authorizes the Mayor to sign the Disclaimer, along with an escrow instruction letter to the title company, and allows the Disclamer to be delivered to the title company with instructions that the Disclaimer cannot be recorded until the compensation is paid to the City. COMMISSION DISTRICT: The alley to be abandoned is in Commission District No. 3 -Commissioner Paula Ryan. Fiscal Note Current Year: Annualized: Budgeted: Unbudgeted: Funding Source: Comment: Electronic Attachments: Click here for assistance with naming convention. Is this ACM related to a Grant? Yes No Is this ACM related to Housing? Yes No Originating Department - Approved by: Richard Greene on 03/09/ /09/2016 City Attorney's Department 03/10/2016 Asst. City Administrator Return to Agenda

3 RESOLUTION NO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING RESOLUTION NO VACATING AND ABANDONING AN ALLEY RIGHT-OF-WAY LOCATED BETWEEN DIXIE HIGHWAY AND QUADRILLE BOULEVARD NORTH OF EVERNIA STREET AND SOUTH OF DATURA STREET TO ALLOW THE EXECUTION AND ESCROW OF THE DISCLAIMER; AUTHORIZING AN ESCROW INSTRUCTION LETTER TO THE TITLE COMPANY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. * * * * * * * * * WHEREAS, Chuck Millar and Harvey Oyer on behalf of 207 Dixie LLC, 424 Datura LLC, and 427 Evernia, has submitted a petition for the abandonment of the platted 14-foot alley, consisting of approximately 5,460 square feet, and located between Quadrille Boulevard and Dixie highway, north of Evernia Street and south of Datura Street, pursuant to Chapter 78, Article VII, of the Code of Ordinance of the City of West Palm Beach, Florida; and WHEREAS, the applicants are the owners of the property north and south of the subject right-of-way and are proposing the construction of a new 8-story 316 residential units building; and WHEREAS, the applicants agreed to compensate the City in the amount of $490,000 as the value for the alley to be abandoned, as estimated by an appraisal conducted by Anderson & Carr, Inc., dated June 24, 2015; and WHEREAS, by Resolution No , on October 13, 2015, the City Commission made findings and approved the abandonment of the alley and authorized the Mayor to execute the Disclaimer of interest in the alley upon receipt of the agreed compensation; and WHEREAS, the applicants now request, in order to simplify their loan closing and the issuance of title insurance, that the Mayor be authorized to execute the Disclaimer in advance and deposit it into escrow with a provision that it cannot be recorded until the City receives the agreed compensation, which compensation will come from the loan closing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, that: SECTION 1: The City Commission hereby amends Sections 3 and 4 of Resolution No to provide as follows: A. Upon adoption of this Resolution, the Mayor is hereby authorized to execute a Disclaimer, in form and substance similar to that attached as Exhibit C to Resolution No , to disclaim the City s interest in said right-of-way.

4 SECTION 2: SECTION 3: SECTION 5: RESOLUTION NO B. All other provisions of Resolution No shall remain unchanged and in effect. The Mayor is further authorized to execute an escrow instruction letter to First American Title Insurance Company, the title agency handling the applicants closing, directing that the Disclaimer is to be held in escrow and cannot be recorded until the City receives the agreed compensation of $490,000. Such letter shall be in a form approved by the Office of the City Attorney. After execution of the Disclaimer and the escrow instruction letter by the Mayor, the City Clerk shall provide the original Disclaimer, original letter, and a certified copy of this Resolution, to the Deputy City Attorney for forwarding to First American Title Insurance Company. This Resolution shall take effect immediately. The Disclaimer approved by Resolution No shall not take effect or be recorded in the Public Records until the City has received the agreed compensation. The alley abandonment shall not take effect until the Disclaimer has been recorded in the Public Records of Palm Beach County,

5 RESOLUTION NO RECORD & RETURN TO: CITY OF WEST PALM BEACH Engineering Services V.Noel PO Box 3366 West Palm Beach, FL Will Call Box 186 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS: That the CITY OF WEST PALM BEACH, FLORIDA, a municipal corporation of the State of Florida, whose address is 401 Clematis Street, West Palm Beach, Florida 33401, does hereby abandon and disclaim any interest in and to the publicly dedicated 14-foot wide alley generally located between Dixie Highway and Quadrille Boulevard, north of Evernia Street and south of Datura Street, situated and being in the City of West Palm Beach, Palm Beach County, Florida, shown on the sketch and legal description attached as Exhibit A, and described as follows: A PORTION OF THE 14 ALLEY, LOCATED IN BLOCK 18, MAP OF THE TOWN OF WEST PALM BEACH, ACCORDING TO THE PLAT THREOF, AS RECORDED IN PLAT BOOK 2, PAGE 1 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF THE 14 ALLEY, LOCATED BLOCK 18, LYING SOUTHERLY AND CONTIGUOUS TO THE SOUTH LINE OF LOTS 1,2,3 AND 4, BLOCK 18; AND LYING NORTHERLY AND CONIGUOUS TO THE NORTH LINE OF LOTS 7,8,9 AND 10, BLOCK 18; BOUNDED ON THE WEST BY THE SOUTHERLY EXTENSION OF THE WEST LINE OF LOT 4, BLOCK 18; AND COUNDED ON THE EAST BY THE A LINE FEET WEST OF THE EAST LINE OF SAID BLOCK 18. SAID LANDS SITUATE IN THE CITY OF WEST PALM BEACH, PALM BEACH COUNTY, FLORIDA. CONTAINING 5,460 SQUARE FEET / ACRES MORE OR LESS.

6 RESOLUTION NO IN WITNESS WHEREOF, the execution of this Disclaimer by the City has been duly authorized by Resolution No of the City Commission. (Corporate Seal) CITY OF WEST PALM BEACH ATTEST: City Clerk By: Geraldine Muoio, Mayor Dated: CITY ATTORNEY S OFFICE Approved as to form and legality By:

7 RESOLUTION NO STATE OF FLORIDA } COUNTY OF PALM BEACH } SS: The foregoing Disclaimer was acknowledged before me this day of, 2015, by Geraldine Muoio, as Mayor, as an act of the City of West Palm Beach, Florida. The Mayor is personally known to me and did not take an oath. [Notary Seal] Notary Public, State of Florida Print Notary Name: Commission No.

8 EXHIBIT A Sketch of Right-of-Way abandonment (page 1/3) RESOLUTION NO

9 EXHIBIT A Sketch of Right-of-Way abandonment (page 2/3) RESOLUTION NO

10 EXHIBIT A Sketch of Right-of-Way abandonment (page 3/3) RESOLUTION NO

11 Jeri Muoio, Ph.D. Mayor March 15, 2016 Via & U.S. Mail Ms. Sheila Hunter, Sr. Commercial Escrow Officer First American Title Insurance Company 2425 E. Camelback Road, S-300 Phoenix, AZ Re: Escrow Number (Broadstone Center City) WPB File Dear Ms. Hunter: In anticipation of closing of the above described transaction, the City of West Palm Beach encloses the following original documents: 1. Certified Copy of Resolution of the City Commission of the City of West Palm Beach, Florida, vacating and abandoning an alley right-of- way. 2. Disclaimer from City of West Palm Beach, Florida, abandoning and disclaiming interest in an alley, executed by the Mayor (and notarized) with attestation by the City Clerk. These documents are delivered to First American Title Insurance Company in escrow on the condition that they be held by you and not released or recorded except at the direction of the undersigned; however, notwithstanding the foregoing, you are instructed that the documents may, without further authorization of the undersigned, be recorded in the Public Records of Palm Beach County, Florida, concurrently with your forwarding a trust account check in the amount of Four Hundred Ninety Thousand Dollars ($490,000), payable to the City of West Palm Beach, via overnight courier, to the attention of: Nancy Urcheck, Deputy City Attorney, City of West Palm Beach, 401 Clematis Street, West Palm Beach, FL If the payment is not forwarded by your office on or before the date which is 90 days after the date of this letter, you are instructed to return the original documents to the City, to the attention of the Deputy City Attorney named above. Your receipt of the enclosed documents constitutes your acceptance of the terms of this 401 CLEMATIS STREET P.O. BOX 3366 WEST PALM BEACH, FL

12 WEST PALM BEACH First American Title Company March 15, 2016 Page 2 escrow letter. If you should have any questions, please call me. Very truly yours, Enclosures Jeri Muoio