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110422co M b co w s SPECIAL SESSION OF CITY'COMMISSION, NOVEMBER 4,1922 Meeting called to order at 2:30 P. M. Present Commissioners C, E, Henry (Mayor ) Forrest Lake and S 0 Chase. Meeting called for the purpose of considering a certain oontradt, or agreement Entered into by and between the Lake Front Improvement Co. and the City of Sanford to -wit: THIS AGREEMEBT made and entered into on this the 30th dray of October 1922, by and between Lake Front Improvement Company, a corporation organized and existing MMUZ Us Laws of the State of Florida with its principal place of business in the City of Sanford, Seminole Coutty, Florida, as party of the first part, and City of Sanford, a Municipal Corporation, as party of the Second part, witnesseth; that: WHEREAS, said Lake Front Improvement Company is the owner of that certain tract of land situate in the City of Sanford, Florida, and described as follows: Beginning at the intersection of the North line of rulton Street with the west line of Park Avenue, thenoe West line of Park Avenue, thence west 117 feet, thence north 445.2 ft to a point 50 ft. southwesterly, (measured at right angles) from the northerly line of a concrete retaining wall, thence south 69 degrees 17 minutes east parallel with said retaining wall 125.1 feet, thence south 400.51 feet to beginning; and said City of Sanford desires to acquire said tract of land and a strip of land along lake Monroe two feet wide and now oom risi p ng a concrete retaining wall and all riparian rights of said Lake Front Improvement Company in said Lake Front Improvement Company in said Lake Monroe opposite to the above described tract of land also the two foot strip of land now comprised of a concrete retaining wall along said Lake Monroe lying between the East line of ,ark Avenue and the west line of Palmetto Avenue, which said strip of Land is owned by said Lake Front Improvement Company and all riparian rights of said Lake Monroe of said Lake Front Improvement Company opposited said strip, and WHEREAS, said City of Sanford, Florida, has and holds at this time mortgage liens upon the traot'of land first hereinabove' described and these certain other tracts of land described as follows: Beginning at the intersection of the West line of Sanford Avenue with the North line Of Commercial Street, thence West 117 feet, thence North 356.06 feet to a point 5-0 feet southwesterly (measured at right angles) from northerly line of concrete retaining wall thence south 69 degrees 17 minutes east parallel with said retaining wall 125.1 feet to west line of Sanford Avenue extended; thence south 341.74 feet to beginning, in the sum o Of $3,779-27. Beginning '206 feet north of the intersection of the north line of Commercial Street with the East line of Park Avenue, thence North 479.74 feet to a point 50 feet. south - westerly (measured at right angles) from the northerly 1 ine of a concrete retaining wall thence south 69 degrees 17 minutes east parallel with said retaining wall 159.1 feet, thence south 423.36 feet, thence west 145.5 feet to beginning,', in the sum of $4,801.81 Beginning at a point where the north line of Commercial Street extended east inter- sects the east line of Sanford Ave. thence north 318.55 feet to a point 80 feet south- westerly (measured at right anglesf from the northerly line of a concrete retaining wall, thence south 69 degrees 17 minutes east parallel with said retaining wall 121.25 feet more or less to the west line extended of an alley between Sanford Avenue and Cypress Avenue, thence south 215-6 feet to a point East of the point of beginning, thenoe west 113.4 feet more or less to "the point of beginning; in the sum of $3,663-92 , and WHEREAS, there in at this time pending in the Circuit Court of Seminole. County, a certain suit between Lake Front Improvement Company and said City of Sanford, relating to the validity of the assessment of taxes against certain property in what is known. as the bulk head improvement of said City of Sanford including the tract of land first herinabove described: NOW THEREFORE, in consideration of the premises the parties hereto have agreed and do hereby agree to and with each other as follows The party of the first part in consideration of the relaase and discharge of all the mortgage liens hereinabove referred to and the release and discharge of said party from all liability for City Taxes assessed upon the tract of land first hereinabove described by Said City of Sanford, does hereby agree and bind itself to convey unto said City of Sanford, Florida, by good and sufficient deed that certain tract of land described as follows: Beginning at the intersection of the North line of rulton Street with the West line of „ark Avenue and running thence west 117 feet, thence north 525.2 feet to and in- cluding the .00norete retaining wall along lake Monroe, thence southeasterly along said to concrete retaining wall /the west line of Park Avenue, thence south 480.91 feet to the point of beginning, the above description including the proposed boulevard 79 feet wide and lying north of and contiguous to the tract of land hereinabove described, together with all-riparian rights of the party of the First part in Lake Monroe oppa- site thereto and will also release and quit -olaim unto said City of Sanford, Florida, certain two foot strip of land lying on Lake Monroe and embracing the concrete retaining wall thereof between the east line of Park Avenue and the west line of Palmetto Avenue in said City. Together with all riparian rights of said Lake Front Improvement Company in Lake Monroe, opposite said two foot strip last described. And the City of Sanford, Florida, in consideration of the conveyance by said Lake Front Improvement Company of the property above described, will release and discharge that certain mortgage from said Lake Front Improvement Company to said City dated February 12,1921, and of record in the Public Records of Seminole County, Florid in Mortgage Book Book 9, Page 124, and that certain mortgage-from said Lake Front Imprgltement Company by Said City dated February 12th. 1921, and of record, in the Public Records of said Seminole County, Florida, in Mortgage Book g, page 127; and that oertai Indenture of Mortgage from J D Hood and wife dated February 12th. 1921, and of record in the public Records of mole County, Florida, in Mortgage Book 9, Page 129; and that certain Mortgage dated April let, 1921, from said Lake Front Improvement Company to said City and of record in the Public Records of Seminole County, Florida, in Mort - gage book 10, Page 489, and will pay to said Lake Front -- Improvement Company the sum of °t.$5,000.00,together with interest on the sum of $3,100.00 from the day of 19 to the let day of November 1922, N* mounting to $100.00, and will also release and t .. I0 .. a 459 d discharge the said Lake Front Improvement Company from any and all liability for any taxes due Said City of Sanford, upon the property above described to t be conveyed to said City of Sanford, by said Company. And as a futther consideration for the covenants on the part of the said City of Sanford Said Lake Front Improvemetn Company hereby agrees and binds itself to pay the taxes assess ad by the City of Sanford upon all of the other property involved in the aforesaid suit against said City of Sanford, that the tract of land to be conveyed to said City as here - inbefore stated and will dismiss said suit at its own cost. IN WITNESS WHEREOF, the said party of the first part has caused these presents to be executed by its President and attested by its Secretary and its corporate seal to be hereunto affixed and the party of the second past has caused these presents to be exe- cuted in its name by its Mayor and City Commissioners and attested by its Clerk and Auditc and its corporate seal to be hereunto affixed on this the 30th day of October,1922, this agreement being executed in duplicate. Signed, sealed and delivered in presence of Lake Front Improvement Co.(Seal _ H C DuBose Fred R Wilson intesses as to Lake Front Improvement Company's Execution Fred A Wilson Wi #ness as to execution b- y City of Sanford. STATE OF FLORIDA COUNTY OF SEMINOLE fly J D Hood (Sear President Attest: M E Ken (Seal) Secretary. CITY OF SANFORD By_ Chas. E Henry (Seal ) Mayor, _ S 0 Chase (seal) Commissioner Forrest Lake. (Seal) Uommissioner Attest: L R Philina (seal) City Auditor -& Clerk. Before me, the undersigned authority, this day personally appeared J D Hood and M E Kent, to me well known and known to me to be :, pantie s who executed the fore- going agreement as President and Secretary respeotivel of Lake Front Improvement Company a corporation, and acknowledged to me that they executed the same in their resepctive capacities for and on behalf and as the free act and deed of said corporiation for the uses,purposes and consideration therein expoessed and that they were thereunto duly authi i ze d. i'l K IN WITNESS WHEREOF, I have hereunto set my nand and official seal on this the 30th of October 1922. STATE OF FLORIDA COUNTY OF SEMINOLE C DuBo as Notary Public My commission expires Feby.11,1923 (seal) Before me, the undersigned authority, this day personally appeared C E Henry, S 0 Chase, Forrest Lake, and L R Philips, to me well known and known to me to be the parties who executed the foregoing agreement as Mayor and City Commissioners of the City of Sanford, and as Clerk and Auditor of said City and they acknowledged to me that they executed said agreement for and on behalf and as the free act and deed of said City of Sanford, for the uses, purposes and considerations therein expressed and that they were thereunto duly authorized. IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this the 30th day of October 1922 Notary Public. my Commission expires Feby. 11,1923. (Seal) Commissioner Forrest Lake offered the following Resolution: RESOLUTION.�� Resolution confirming, ratifying and approy6tg .khat certain contract entered into on the 30th day of October A. D.1922, by and between Lake Front Improvement Company, a Florida Corporation, and the City of Sanford, Florida,; Declaring this resolution to be an emergenoy measure necessary fev the immediate preservation of the public proper to become effective immediately upon its final passage and adoption, WHEREAS, the City Commission of the City of Sanford, Florida, heretofore author- ized and empowered Commissioner S 0 Chase to enter into a contract with Lake Front Improvement Company, for the purpose of acquiring riparian rights on Lake Monroe betwe Park Avenue and palmetto Avenue in the City of Sanford, Florida, and for the purpose o fully and completely terminating all litigation between the City of Sanford and the said Lake Front Improvement Company, and of settling all matters between the City of Sanford, Florida, and the Lake Front Improvement Company, and, WHEREAS, a contract was duly entered into on the 30th day of October A.D.1922 by, and between, Lake Front Improvement Company, a Florida Corporation, and the City of Sanford, Florida, in duplicate, which contract provided for the settlemgat of all litigation, the acquiring Hof- 'riparian rights along the Lake front between Park Ave. and palmetto Ave, in the City of Sanford, Florida, and the acquiring of certain real eastate by the City, fully described and set forti}iin said contract; and, 11 ■ 9* cm a goo WHEREAS, the City Commissioners have very fully and carefully considered the rights of the City, and are assured that the contract aforesaid is an advantageous contract for the City of Sanford, Florida, and have examined the same and wish to ratify, approve, and confirm the same by proper resolution, NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA: That, that certain contract entered into on the 30th day of October A. D.1022, by, and be tween Lake Front Improvement Company, a Florida corporation, and the City of Sanford, Florida, whim is on file in the office of the City Manager of the City of Sanford, Florida, be and the same is hereby, in all respects, ratified, approved and confirmed. BE IT FURTHER RESOLVED: That this resolution be, and the same is hereby, declared an emergency measure, necessary for the immediate preservation of Lhe public property, and that it shall become effective immediately upon its final passage and adoption, and that within ten days from the final passage and adoption thereof the City Auditor and Clerk shall publish a notice of the passage and adoption of this resolution, as provided and required by sections 25 and 26, of Chapter 5361, Laws of Florida, Aots of 19190 the same being the Charter of the City of Sanford, Florida. The foregoing resolution was offered by Commissioner Forrest Lake, who moved its adoption, and seconded by Commissioner S 0 Chase, this 4th day of govember A.D.1922, and upon vote the same was passed as follows: 0 Attest: (Seal) _ L R Philips City Auditor & Clerk. Chas. E. Henn Yea Commissioner,. Forrest Lake Yea Commissioner S 0 Chase Yea Commissioner Thereupon it was moved by Commissioner Lake and seconded by Commissioner Chase ' that the above and foregoing resolution be placed upon its second reading and read, which motion duly carried, whereupon , the same having been read, it is moved by Commissioner Lake and seconded by Commissioner Chase that the same be adopted, and upon vote the said motion was unanimously carried as follows: Attest: ,% s City Auditor & Clerk (Seal) Attest: There being no further business the meeting adiburned. Chan. r Henry Yea Commissioner Forre at Lake —Yea Commissioner S 0 Chase Yea Commissioner