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Ordinance No. 95-87-32 v ORDINANCE NO. 95-87-32 AN ORDINANCE AUTHORIZING THE TRANSFER OF CERTAIN REAL ESTATE OF THE CITY OF ATLANTIC BEACH TO SELVA LINKSIDE PARTNERSHIP IN EXCHANGE FOR OTHER PROP- ERTIES, MONIES, AND OTHER CONSIDERATIONS AS SET FORTH HEREIN; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. The Mayor-Commissioner and City Clerk are hereby authorized to execute a deed conveying the following described property to Selva Linkside Partnership, a Florida General Partnership, consisting of Louis B.MacDonell, Billy M. Arzie, John A. Merritt III, and J. Thomas Gay, upon their compliance with the provisions and considerations set forth in Section 2 herein. LEGAL DESCRIPTION OF CITY PROPERTY BEING CONVEYED That certain tract or parcel of land being a part of Govern- ment Lot 1, Section 17, Township 2 south, Range 29 East, Duval County, Florida, being more particularly described as commencing at the northeast corner of the Castro Y Ferrer Grant, Section 38, Township 2 south, Range 29 east; thence north 6° 45' west along a northerly prolongation of the easterly line of said grant, 1 ,597.02 feet to a point for the point of beginning; thence continue north 6° 45' west, 475.75 feet to a point in the north line of said Government Lot 1, thence south 89° 26' west, along said north line, 106.95 feet to the northwest corner of said Government Lot 1; thence south 0° 01' east along the west line of said Government Lot 1, a distance of 473 feet; thence north 89° 26' east, 162.73 feet to the point of beginning. Containing 1.464 acres more or less; provided, however, the City reserves an unobstructed perpetual easement for water and sewer lines and drainage over, under and across the westerly 25 feet of said property. Said parcel containing 1.192 acres more or less exclusive of said reserved easement. In consideration of including in the above description the twenty-five (25) foot easement, the sellers and their successors and assigns agree that they will maintain said westerly twenty-five (25) foot easement in an acceptable and workmanlike manner. Section 2. Selva Linkside Partnership, a Florida General Partnership consisting of Louis B. MacDonell, Billy M. Arzie, John A. Merritt III, and J. Thomas Gay, in consideration of the provisions contained in Section 1 herein, agrees to convey by warranty deed to the City of Atlantic Beach the following described property, and in addition thereto, $9,056.00 in cash: LEGAL DESCRIPTION OF SELVA LINKSIDE PROPERTY A part of Sections 16 and 17, Township 2 south, Range 29 east, Duval County, Florida, more particularly described as follows: Commence at the southeast corner of Lot 1, Block 6, Royal Palms Unit No. 1, Plat Book 30, Page 60 and 60A of the current public records of said county; thence north 06° 45'00" west, along the easterly line of said Royal Palms Unit No. 1 and its northerly prolongation thereof, 919.63 feet; thence north 83°42'00" east, 944.66 feet; thence north 06° 18'00" west, 30.0 feet to the point of beginning, said point being in the northerly right of way line of 11th Street ( a 60 foot right of way) , said point of beginning being the southeast corner of the lands described in Deed Book 1761, Page 104 of said public records; thence north 6° 18' west, along the east line of said Deed Book 1761, Page 104, 290 feet to the northeast corner of said Deed Book 1761, Page 104; thence south 83° 42' west, along the north line of said Deed Book 1761, Page 104, 200 feet; thence north 6° 18' west, 50.0 feet; thence north 83° 42' east, 150 feet; thence south 51°18' east, 70.71 feet to the northeast corner of said Deed Book 1761, page 104; thence south 28°06' east wes-t, 134.63 feet, thence south 6° 18' east, 165 feet to a (Scriverers point in said northerly right of way line of 11th Street, error) thence south 83°42' west, along said northerly right of way line, 50 feet to the point of beginning. Containing 0.462 acres more or less. Selva Linkside Partners shall furnish to the City of Atlantic Beach title policy insuring the above described property as being free and clear of all encumbrances and providing for the proration of 1987 ad valorem taxes as of the date of closing. Section 3. The intent of this Ordinance is to carry out the conditions contained in the official minutes of the discussions between the City of Atlantic Beach and Selva Linkside Partnership held at the official City Commission meeting on Monday, July 13, 1987, with all values based upon appraisals contained in an appraisal made by Broom, Moody and Johnson of Jacksonville. Section 4. This Ordinance shall take effect upon its adoption. * * * * * * * * * * * * * Passed by the City Commission on first reading July 27, 1987 Passed by the City Commission on second & final reading August 10, 1987 William S. Howell, Mayor, Presiding Officer Approved as to form and correctness: i Laude L. Mullis, City attorney ATTEST: Adelaide R. Tucker, City Clerk