TO: Mayor and Commissioners
FROM: Lynn Gelin, City Attorney
DATE: September 22, 2026
Title
APPROVAL OF RESOLUTION NO. 151-26 AUTHORIZING THE TRANSFER OF PROPERTY VIA QUITCLAIM DEED IN FAVOR OF PALM TRAIL PLAZA, INC.
Body
Recommended Action:
Recommendation
Motion to approve Resolution No. 151-26 authorizing the transfer of property to Palm Trail Plaza, Inc.
Body
Background:
On March 2, 1926, an alleyway located between NE 9th Avenue and Palm Trail, connecting George Bush Boulevard and McKee Lane, was dedicated to the public pursuant to the Sophia Frey Subdivision Plat, recorded in Plat Book 4, Page 37, of the Public Records of Palm Beach County, Florida. The City subsequently abandoned the alleyway by resolution recorded in Official Records Book 530, Page 419, of the Public Records of Palm Beach County, Florida, as reflected by a notation subsequently added to the plat.
By way of background, in September 1987, Carolyn B. Cousins executed two separate Warranty Deeds conveying portions of Block 5 of the Sophia Frey Subdivision to Palm Trail Plaza, Inc. The first deed conveyed Lots 10, 11, and 12, together with the eastern half of the adjoining abandoned alleyway. The second deed conveyed Lot 3 but inadvertently omitted the western half of the adjoining abandoned alleyway (the “Alleyway”). The omitted portion of the Alleyway bisects the property currently known as 800 Palm Trail, Delray Beach, Florida (the “Property”). The Alleyway is inaccessible without crossing the Property.
The Alleyway subsequently became subject to a tax sale proceeding as a result of the failure to pay property taxes. On June 1, 1985, Palm Beach County issued a Tax Certificate with respect to the Alleyway. On August 15, 1990, the Tax Certificate was offered for sale to the highest bidder. No bid was received, and the Tax Certificate thereafter remained available for purchase for the statutory seven-year period. Having remained unclaimed, the Tax Certificate ultimately resulted in the Clerk of the Circuit Court for Palm Beach County issuing a Tax Deed conveying title to the Alleyway to Palm Beach County. The Tax Deed was recorded in Official Records Book 9940, Page 1329, of the Public Records of Palm Beach County, Florida. On September 16, 1997, Palm Beach County subsequently conveyed the Alleyway to the City by County Deed, which was recorded in Official Records Book 10005, Page 341, of the Public Records of Palm Beach County, Florida.
The current owners of the Property are in the process of selling the Property and, during that process, discovered that the western half of the abandoned Alleyway had been inadvertently omitted from the 1987 deeds. The Alleyway is presently improved and used to provide pedestrian access between a parking lot and the adjoining business.
In an effort to resolve the title issue and effectuate the apparent intent of the 1987 conveyances, the Property owners requested that the City execute a quitclaim deed conveying its interest in the Alleyway.