City Commission Agenda Cover Memorandum

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "City Commission Agenda Cover Memorandum"

Transcription

1 City Commission Agenda Cover Memorandum Originating Department: Mayor/Admin (MA) Meeting Type: Regular Agenda Date: 12/05/2016 Advertised: Required?: Yes No ACM#: Subject: Resolution No declaring a five (5) foot strip of land adjacent to 225 Alpine Road to be surplus and authorizing disposition; and First Reading of Ordinance No approving the conveyance of the property. Ordinance/Resolution: RESOLUTION NO : A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, FINDING THAT A FIVE FOOT STRIP OF LAND ADJACENT TO 225 ALPINE ROAD IS NOT NEEDED FOR CITY PURPOSES AND IS DECLARED TO BE SURPLUS; SELECTING THE METHOD OF DISPOSITION TO BE CONVEYANCE TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ORDINANCE NO : AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AUTHORIZING CONVEYANCE OF A FIVE FOOT STRIP OF LAND ADJACENT TO 225 ALPINE ROAD TO THE OWNERS OF THE ABUTTING PROPERTY, CHRISTIAN AND SAMANTHA DAVES BY QUIT CLAIM DEED; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Staff Recommended Motion: Approve Resolution No and Ordinance No on First Reading and schedule a Public Hearing and Second Reading for December 19, Background: In March of 2002, Palm Beach County granted to the City a five (5) foot strip of land in the rear of 225 Alpine Road as part of their surplus tax deed property disposition. The property consists of 425 square feet and is encumbered by a utility easement. The Palm Beach County Property Appraiser's Office has assessed the property at $ so no appraisal is required by City Code. Christian and Samantha Daves, the owners of 225 Alpine Road, recently approached the City for a Unity of Title with their property. After review by the Land Management Committee and City Administration, it was determined that the property is not needed for City purposes and the recommendation was made to surplus the property and convey it to the Daves as the abutting property owners at no charge. The strip will then be unified with the Daves' existing property and added to their property taxes.

2 AGENDA COVER MEMORANDUM Page 2 C.M. # Date: This property is located in Commission District 5 - Commissioner Materio. 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: Jeffrey Green on 11/18/ /18/2016 Finance Department 11/18/2016 City Attorney's Department 11/22/2016 City Administrator Return to Agenda

3 RESOLUTION NO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, FINDING THAT A FIVE FOOT STRIP OF LAND ADJACENT TO 225 ALPINE ROAD IS NOT NEEDED FOR CITY PURPOSES AND IS DECLARED TO BE SURPLUS; SELECTING THE METHOD OF DISPOSITION TO BE CONVEYANCE TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Section 2-18(27)(b) of the Code of the City of West Palm Beach, Florida, requires that prior to the disposition of City property, the City Commission shall (i) make a legislative finding that the City property is not needed for City purposes and declaring the property surplus; and (ii) select the method of disposition; and WHEREAS, the City Commission hereby desires to make such determination of surplus as to the five foot strip of property located adjacent to 225 Alpine Road, as more particularly identified in Exhibit A attached hereto (the Property ) and to select the method of disposition to be conveyance of the Property to the abutting property owners; and WHEREAS, it is in the best interest of the City to dispose of this property so that it can be combined with the property located at 225 Alpine Road and added to the property tax rolls. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, that: SECTION 1: The City Commission of the City of West Palm Beach hereby finds and determines that the Property is not needed for other City purposes and hereby declares such Property to be surplus. SECTION 2: The City Commission hereby selects the method of disposition of the Property to be conveyance of the Property to the owners of the abutting property located at 225 Alpine Road. SECTION 3: This resolution shall take effect in accordance with law. PASSED AND ADOPTED THIS DAY OF, 2016

4 Exhibit A to Resolution South 5 Feet of West 48 Feet of Lot 14 and South 5 Feet of East 37 Feet of Lot 15, Plat of Lake Forest Park, according to the Plat recorded in Plat Book 24, Page 76, public records of Palm Beach County, Florida. The above being the real property described under tax certificate in the tax deed recorded in official record book 11737, page 1539, public records of Palm Beach County, Florida.

5 ORDINANCE NO AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AUTHORIZING CONVEYANCE OF A FIVE FOOT STRIP OF LAND ADJACENT TO 225 ALPINE ROAD TO THE OWNERS OF THE ABUTTING PROEPRTY, CHRISTIAN AND SAMANTHA DAVES BY QUIT CLAIM DEED; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. * * * * * * * * * WHEREAS, by Resolution No , the City determined that the property, as more particularly described in Exhibit A attached hereto (the Property ), is not needed for other City purposes, declared the Property surplus, and authorized conveyance of the Properties to the owners of the owners of the abutting property 225 Alpine Road, Christian and Samantha Daves; and WHEREAS, the City Commission of the City of West Palm Beach, Florida, desires to authorize and approve the conveyance of the Property to Christian and Samantha Daves. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA THAT: SECTION 1: The City Commission hereby approves and authorizes the issuance of a Quit Claim Deed conveying the Property to Christian and Samantha Daves in substantially the form attached as Exhibit B and any other documents necessary to effectuate the transaction contemplated by this Ordinance, subject to approval by the City Attorney s Office. SECTION 2: Upon execution of the Quit Claim Deed by the Mayor, the original shall be forwarded to Suzanne Payson, Assistant City Attorney, for further handling. The Daves shall be responsible for the payment of any costs associated with the transfer of the Property including but not limited to recording fees and documentary transfer taxes.

6 SECTION 3: This ordinance shall take effect 31 days after Second Reading and shall be subject to the initiative process set forth in the City Charter. FIRST READING THIS DAY OF SECOND READING AND FINAL PASSAGE THIS DAY OF, City Attorney s Office Approved as to form and legality By: Date:

7 Exhibit A to Ordinance South 5 Feet of West 48 Feet of Lot 14 and South 5 Feet of East 37 Feet of Lot 15, Plat of Lake Forest Park, according to the Plat recorded in Plat Book 24, Page 76, public records of Palm Beach County, Florida. The above being the real property described under tax certificate in the tax deed recorded in official record book 11737, page 1539, public records of Palm Beach County, Florida.

8 Prepared by, record and return to: Suzanne Payson, Esquire City of West Palm Beach 401 Clematis Street, 5 th Floor West Palm Beach, Florida QUIT-CLAIM DEED THIS QUIT-CLAIM DEED, executed this day of, 20, by the CITY OF WEST PALM BEACH, FLORIDA, a municipal corporation of the State of Florida, having an address at 401 Clematis Street, West Palm Beach, FL ( Grantor ), to CHRISTIAN AND SAMANTHA DAVES, husband and wife, having an address of 225 Alpine Road, West Palm Beach, FL ( Grantee ). WITNESSETH, That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00), in hand paid by Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the Grantee forever, all the right, title, interest, claim and demand, if any, which the Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Palm Beach, State of Florida, and more particularly described as follows: See Exhibit A attached hereto and by this reference made a part hereof for the description of the land conveyed hereby ( Property ). In accordance with Section , Florida Statutes, Grantor hereby reserves an undivided threefourths interest in, and title in and to an undivided three-fourths interest in, all of the phosphate, minerals and metals that are or may be in, on, or under the Property and an undivided one-half interest in all the petroleum that is or may be in, on, or under the Property. SUBJECT, HOWEVER, TO: restrictions, reservations, limitations and easements of record (it not being the intent hereof to re-impose same); to property taxes for the year 2016 and subsequent years, and to all applicable governmental regulations.

9 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name by its Mayor, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. Witness: Print: CITY OF WEST PALM BEACH, FLORIDA a Florida municipal corporation Print: By: Mayor (Corporate Seal) ATTEST: By: City Clerk City Attorney s Office Approved as to form and legal sufficiency By: Date: STATE OF FLORIDA } COUNTY OF PALM BEACH } SS: The foregoing instrument was acknowledged before me this day of, 20, by Geraldine Muoio, Mayor of the City of West Palm Beach, as an act of the City. The Mayor is personally known to me and did not take an oath. Signature of Notary Public [seal] (Print, type or stamp name) Commission No:

10

11