TO: Mayor and Commissioners
FROM: R. Max Lohman, City Attorney
DATE: June 6, 2017
Title
ADOPTION OF RESOLUTION NO. 44-17 SALE OF 15’ RIGHT OF WAY (602 ALLEN AVENUE) THROUGH QUIT CLAIM DEED
Body
Recommended Action:
Recommendation
Motion to Approve Resolution No. 44-17.
Body
Background:
According to the Property Appraiser, the City of Delray Beach owns a land-locked parcel that lies adjacent to and south of lots 7, 8 and 9 of the Snow Hill Plat. As early as 1982, the subject parcel was abandoned by the City as evidenced by various warranty deeds of neighboring properties. Through a Tax Deed signed in 1997, the parcel was deeded back to the City of Delray Beach from Palm Beach County.
The land-locked parcel is of no use to the City. In fact, the parcel was recently advertised as a “surplus property” for sale. ESD has confirmed that no easement is necessary. City staff believes it is in the City’s best interest to quit-claim deed the parcel to the property owner, pursuant to their request. However, the property owner, in exchange for the Quit-Claim Deed, will be required to complete and record a Unity of Title in order to finalize the transaction.
City Attorney Review:
Approved as to form and legal sufficiency.
Finance Department Review:
Finance recommends approval.
Funding Source:
N/A
Timing of Request:
N/A