R24-142 1 RESOLUTION NO. R24-142
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A PERMANENT EASEMENT WITH PALM
5 BEACH COUNTY FOR THE WOOLBRIGHT ROAD AND SEACREST
6 BOULEVARD PROJECT; PROVIDING AN EFFECTIVE DATE; AND FOR ALL
7 OTHER PURPOSES.
8
9 WHEREAS, Palm Beach County is doing an improvement project on Woolbright Road,
10 which extends from approximately 1600 feet east of I-95 to 300 feet west of FEC RR/SE 1st Street.
11 This project will improve the intersection of Woolbright Road and Seacrest Boulevard by adding
12 an eastbound to southbound right turn lane, curb and gutter, sidewalks, additional drainage, and
13 traffic signal improvements; and
14 WHEREAS, as part of improvements, Palm Beach County asks the City to grant a parcel of
15 land, Parcel No. 208, for a permanent easement; and
16 WHEREAS, the parcel is needed for access and all related activities reasonably required to
17 remove the existing concrete signal pole and to slope, grade, and harmonize the project
18 construction with the adjacent property; and
19 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it to be
20 in the best interests of the citizens and residents of the City to approve a Permanent Easement
21 with Palm Beach County for the Woolbright Road and Seacrest Boulevard Project.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
23 BEACH, FLORIDA, THAT:
24 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption.
26 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
27 approve a Permanent Easement, between Palm Beach County and the City for the Woolbright
28 Road and Seacrest Boulevard Project (the "Easement"), in form and substance similar to that
29 attached as "Exhibit A."
30 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
31 authorizes the Mayor to execute the Easement and such other related documents as may be
32 necessary to accomplish the purpose of this Resolution.
33 SECTION 4. The Mayor executed original Easement shall be provided to Keith Webber
34 to forward to Palm Beach County for approval and recording.
35 SECTION 5. This Resolution shall take effect in accordance with law.
36
37 PASSED AND ADOPTED this 8th day of July 2024.
38 CITY OF BOYNTON BEACH, FLORIDA
39 YES NO
40 Mayor—Ty Penserga Y‘
41
42 Vice Mayor—Aimee Kelley V
43
44 Commissioner—Angela Cruz
45
46 Commissioner—Woodrow L. Hay
47
48 Commissioner—Thomas Turkin
49
50 VOTE 5,0
51A ES' :
5.
1, . Adie
53 0_�
54 Maylee De :sus, MPA, MC •• -ense
55 City Cle k Mayor
56
57 APPROVED AS TO FORM:
N58 (Corporate Seal) /1.F��O Po gON6F
60 SEAL 1, ( 1/!a ad
61 i INCORPORATEn Shawna G. Lamb
62 City Attorney
Return via Palm Beach County interoffice mail to:
Toni Sharp,Right-of-Way Specialist
Palm Beach County,Engineering&Public Works Department
Roadway Production Division
2300 North Jog Road,3,d Floor West
West Palm Beach,Florida 33411-2750
This Instrument Prepared by:
Yelizaveta B.Herman,Assistant County Attorney
Palm Beach County Attorney's Office
Post Office Box 21229
West Palm Beach,Florida 33416-1229
Property Control Number: Portion of 08-43-45-33-14-000-0012
NOT TO BE RECORDED WITHOUT BOARD OF COUNTY COMMISSIONERS ACCEPTANCE DATE
SPACE ABOVE THIS LINE FOR PROCESSING DATA
ACCEPTED BY PROJECT NO.:2018106
BOARD OF COUNTY COMMISSIONERS ROAD NAME: Woolbright Rd&Seacrest Blvd
DATE: 7` Z 3 y PARCEL NO.: 208
-2-
PERMANENT EASEMENT
r A
THIS PERMANENT EASEMENT("Easement")is made this ZS day of JL_&_\y , 20a 1 , by
CITY OF BOYNTON BEACH FLORIDA,a Florida municipal corporation,whose post office address is PO
Box 310, Boynton Beach, Florida 33425-0310, ("Grantor"), to PALM BEACH COUNTY, a political
subdivision of the State of Florida,by and through its Board of County Commissioners,whose post office address
is Post Office Box 21229,West Palm Beach,Florida 33416-1229,("Grantee").
WITNESSETH: That Grantor, for and in consideration of the sum of ONE ($1.00) dollar and other valuable
considerations,receipt whereof is hereby acknowledged,hereby grants,bargains,sells,and conveys unto Grantee,
its successors and assigns, upon the conditions set forth herein, for a permanent easement over, upon, under,
through and across the following described land, situate in Palm Beach County, Florida: Property more
particularly described in Exhibit"A" attached hereto and made a part hereof("Easement Premises").
This Easement shall be used to permanently construct, install, operate, and maintain, (collectively "Perform
Work")with regard to roadway facilities and related facilities in the Easement Premises(collectively"Facilities").
Facilities shall include earth embankment fill, drainage facilities for transporting water, both above ground
(swales)and buried(pipes and structures)to or from water retention areas,sidewalks,and traffic control devices
and foundations. The Easement includes the right at any time to install, bore, alter, improve, enlarge, add to,
change the nature or physical characteristics of,replace,remove,or relocate the Facilities or perform any other
activities related to the Facilities.
Page 1 of 3
This Easement shall be non-exclusive, provided, however, that Grantor, its successors and assigns, shall be
permanently prohibited from hindering, obstructing, removing or interfering with the operation, functioning,
maintenance, or repair of any of the Facilities.
To the extent that Grantor, its successors and assigns, hinder, obstruct, remove or interfere with the operation,
functioning, maintenance, or repair of any of the Facilities, (collectively "Interference"), Grantor, its successors
and assigns shall be liable for any and all expenses and damages related to the Interference.
The installation of Facilities shall not extend beyond the limits of the Easement Premises.
Grantee, its agents, successors and assigns, shall have the right, but not the obligation, to Perform Work on the
Facilities and/or to remove and use any or all of the soil and/or subsoil within the Easement Premises.
Any amendment or modification to this Easement shall be effective if the same is in writing, signed, and recorded
in the public records of Palm Beach County.
TO HAVE AND TO HOLD THE SAME unto Grantee, its successors and assigns forever.
Remainder of page intentionally left blank.
Page 2 of 3
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the date first above written.
Signed, sealed and delivered in the presence of:
Grantor:
(Signature of two witnesses
required by Florida law) CITY OF BOYNTON BEACH,
a Florida municipal corporal'
' � CehQ
Witness
Sign. re (Required) By:
Tammy L. Stanzione T ' -ns- •1. ayor
Witness Name Printed or Typed
Address: •1 OQCI)c ec -
r 35
,,a6k),\.foi\i-
Witnels Signature (Required) (CORPORATE SEAL)
6Asmo 066(
Witness Name Printed or Typed
ddress: 100 E 0 CrQQr f -
Agfig e a
CITY ATTORNEY'S OFFICE
STATE OF ���p` Approv s to form ka ity
COUNTY OF \--)0,_\\--)0,_\.c.--No,_\• -� 3 e cLc,\ By: 1
Before me personally appeared Ty Penserga,who is(choose one)12t personally known to me, or❑ has produced
as identification, and who executed the foregoing instrument as
Mayor of the City of Boynton Bea h, a Florida municipal corporation, and severally acknowledged to and before
me by means of(choose one)BEphysical presence or❑ online notarization, that they executed such instrument
as such officer of said corporation, and that said instrument is the free act and deed of said corporation.
Witness my hand and official seal this e day of _ , 20 a'4 .
" EDE JESVS'�%,
,yam 1�. '
,�•Po�P�yy PUB�� . Nota _� ature
`= N Nota ic, Stat of cIor‘- -
(Stamp/Seal) ss EXP RES 2 2 025 , �-�
Print No M`^_e��S(.�S
,, SSS/ON NUMg�
Commission Number h�
My Commission Expires: c )2--)
FAR_O_W\Wildad\2018106 WOOLBRIGHT RD&S.SEACREST BLVD\Parcel 208 308 City of Boynton Beach\Recording Instruments\PE 4-Corp 208.docx
Page 3 of 3
EXHIBIT A
PBC PROJECT NO.2018106
A PARCEL OF LAND FOR PERMANENT EASEMENT PURPOSES IN TRACT 1 SECTION 33,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, OF A "MAP SHOWING SUBDIVISIONS OF PORTIONS
OF TOWNSHIPS 45 AND 46 S. RANGE 43E, DADE COUNTY, FLORIDA", RECORDED IN
PLAT BOOK 1 PAGE 4, OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA,
AND LYING IN CITY OF BOYNTON BEACH CEMETERY PROPERTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE SOUTH RIGHT—OF—WAY OF WEST WOOLBRIGHT ROAD,
RECORDED IN DEED BOOK 950, PAGE 480, OF SAID PUBUC RECORDS, WITH THE WEST
RIGHT—OF—WAY OF SOUTH SEACREST BOULEVARD, RECORDED IN ROAD PLAT BOOK 4,
PAGE 84, OF SAID PUBUC RECORDS;
THENCE ALONG SAID WEST RIGHT—OF—WAY, S0111'05"E FOR 27.64 FEET;
THENCE N24'49'48"W FOR 23.98 FEET;
THENCE N69'59'56"W FOR 16.32 FEET TO THE SAID SOUTH RIGHT—OF—WAY;
THENCE ALONG SAID SOUTH RIGHT—OF—WAY, N8919'55"E FOR 24.68 FEET TO THE
POINT OF BEGINNING.
CONTAINING 202 SQUARE FEET, MORE OR LESS.
THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE
COMPLETE LEGAL DESCRIPTION.
THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY
EACH OTHER. REPRODUCTIONS OF THIS DOCUMENT ARE NOT VALID
Digitally signed by John E Phillips
WITHOUT THE ORIGINAL SIGNATURE AND STAMP, OR A DIGITALLY John E Phillips Date2024A4A317:002200'
VERIFIED ELECTRONIC SIGNATURE AND SEAL, OF A FLORIDA LICENSED
SURVEYOR AND MAPPER EMPLOYED BY BROWN & PHILLIPS, INC. JOHN E. PHILLIPS, III
REVISIONS: I PROFESSIONAL LAND SURVEYOR
3/7/23: PBC 3/2/23 COMMENTS STATE OF FLORIDA No. 4826
DATE:
E—Mail: info@brown—phillips.com PE 208
WOOLBRIGHT ROAD
BROWN & PHILLIPS, INC. (THIS IS NOT A SURVEY)
PROFESSIONAL SURVEYING SERVICES DRAWN: MDB PROJ. No. 19-111
CERTIFICATE OF AUTHORIZATION # LB 6473 CHECKED: JEP SCALE: NONE
1860 OLD OKEECHOBEE ROAD., SUITE 509,
WEST PALM BEACH, FLORIDA 33409 LEGAL DESCRIPTION DATE: 2/1/23
TELEPHONE (561)-615-3988, 615-3991 FAX SHEET 1 OF 3
40' 40' EXHIBIT A
7' RPB 5 PG.179 I RPB 5 PG.179 7 PBC PROJECT NO.2018106
ORB 2257 PG.990 I 1 33' 33' CENTRAL PARK ANNEX
LOTS 21-24 ° P.B.12 PG.51 P.B.12 PG.51 P.B.12 PG.51
08-43-45-28-13-012-0210c. 1 BLOCK 11, LOT 12
`30 R/W PER
a) -ate, ix N (ORB 29484 PG.1109)
CENTRAL PARK ANNEX N
P.B.12 P0.51 m Z I Uj
m (NO R/W DEED)
BLOCK 12 0 \ N. R/W
LOT 23 LOT 24 I
\N.
N. R/W - _ I \ -
N8919'55"E
�i, ,---: O o I c..6 0
b C' O ± 2 CD in
"� m m c�N I N OF CONSTRUCTION S88_40'05"E a
N89'19 55 E 0_ cL ' t - -
-
- , � . . 5+00 (P.I.) — — . . — — . . —
N89'19'55"E o N. LINE OF THE N.E.1/4 OF SEC.33/45/43 N8919'55"E
N793785.595 (BEARING BASIS)
c�a co CL E962238.574 N793785.882 W. WOOLBRIGHT RD. o a
o O 124+00.80 E962263.251 I
"' 0124+27.30 m a'
mm 52.5'R c)_ m
a tx m N89'19'S5"E 51.75'R o
cx O o
.� P.O.B. o S. R/W
� � 24.68 w
S. R/W. N89'19'S5"E co o o ��aN89'19'55"E
N695956 W 16.32' to W r•,4.2 / � �'>`O�
124+18.10, 57.84'R • N I N
N24.49'48"W 23.98' N 40' / �� o`'
40' �y,P�rL>
4 PG.84 (RPB 5 P0.121) c,AL, M in
CITY OF BOYNTON BEACH (RPB ) o
08-43-45-33-14-000-0012 1 . (-20 I"' a = o =
Da CEMETERY PROPERTY �" M 3 > z m 10 w o =
TRACT 1 SECTION 33 (P.B.1 PG.4) N CO I P N= P I •cd Z
v~i m r — I o� w
w W 4+00 6c-V6 N r z
I" f Z N O Z O r7 O
o Q c 3 0 m tr.)
1--
I .? U ceno
0 15 30 N Cl) 1 o=ff I c`n Ulm
zN= 1 co
o 0
�u 1 Q
SCALE: 1" = 30' z i .g
E-Mail: infoftrown-phillips.com PE 208
MOWN Se PHILLIPS, INC. WOOLBRIGHT ROAD
(THIS SKETCH IS NOT A SURVEY)
PROFESSIONAL SURVEYING SERVICES DRAWN: MDB PROJ. No. 19-111
CERTIFICATE OF AUTHORIZATION # LB 6473 CHECKED: JEP SCALE: 1" = 30'
1860 OLD OKEECHOBEE ROAD., SUITE 509,
WEST PALM BEACH, FLORIDA 33409 SKETCH TO ACCOMPANY DATE: 2/1/23
TELEPHONE (561)-615-3988, 615-3991 FAX LEGAL DESCRIPTION SHEET 2 OF 3
EXHIBIT A
PBC PROJECT NO.2018106
NOTES:
1) BASELINE STATIONING IS BASED ON A ROADWAY PLAN FOR WOOLBRIGHT ROAD & SEACREST BOULEVARD,
PORTION, PREPARED BY BOLTON PEREZ & ASSOCIATES, PALM BEACH COUNTY PROJECT No.2018106.
2) STATE PLANE COORDINATES:
A. COORDINATES SHOWN ARE GRID F. TRANSVERSE MERCATOR PROJECTION
B. DATUM — NAD '83, 1990 ADJUSTMENT G. ALL DISTANCES ARE GROUND, UNLESS NOTED OTHERWISE
C. ZONE — FLORIDA EAST H. SCALE FACTOR — 1.000048167
D. LINEAR UNIT — US SURVEY FOOT I. GROUND DISTANCE X SCALE FACTOR =GRID DISTANCE
E. COORDINATE SYSTEM 1983 STATE PLANE J. ROTATION EQUATION: NONE
3) THIS DESCRIPTION IS BASED ON THE PLAT OF CENTRAL PARK ANNEX, PLAT BOOK 12, PAGE 51.
4) THE RIGHT—OF—WAY INFORMATION PROVIDED BY PALM BEACH COUNTY ON APRIL 13, 2018,
PALM BEACH COUNTY PROJECT NO.2018106, WOOLBRIGHT RD & SEACREST BLVD,
HAS BEEN REVIEWED BY THIS OFFICE. THIS OFFICE HAS FOUND NO GAPS, GORES, OVERLAPS, OR
MISSING SEGMENTS IN THE RIGHT—OF—WAY CORRIDOR PROVIDED, AND THAT ALL ENCUMBRANCES THAT
AFFECT THE PROPERTY ARE SHOWN OR NOTED HEREON.
NO SEARCH OF THE PUBLIC RECORDS HAS BEEN PERFORMED BY THIS OFFICE.
IT IS POSSIBLE THAT THERE ARE DEEDS OF RECORD, UNRECORDED DEEDS, EASEMENTS, RESTRICTIONS OR
OTHER INSTRUMENTS WHICH COULD AFFECT THE SUBJECT PROPERTY WHICH ARE UNKNOWN TO THE SIGNING
SURVEYOR AND ARE NOT SHOWN ON THIS LEGAL DESCRIPTION AND SKETCH.
5) ABBREVIATIONS:
— BASELINE RPB — ROAD PLAT BOOK
P.B. — PLAT BOOK
ORB — OFFICIAL RECORD BOOK — CENTERLINE DB — DEED BOOK
PG. — PG. L — LEFT OF CENTERLINE OF CONSTRUCTION (P) — PLAT DIMENSION
DWG. — DRAWING 'R — RIGHT OF CENTERLINE OF CONSTRUCTION (G) — GRID DIMENSION
PBC — PALM BEACH COUNTY P.O.B. — POINT OF BEGINNING CONST. — CONSTRUCTION
R/W — RIGHT—OF—WAY NAD — NORTH AMERICAN DATUM
SEC. — SECTION PE — PERMANENT EASEMENT
6) BEARINGS ARE BASED ON N89'19'55"E (GRID, NAD '83, 1990 ADJUSTMENT) ALONG THE NORTH LINE OF THE
N.E.1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST.
N.1/4 CORNER OF SEC.33/45/43 N.E. CORNER
FOUND PBC BRASS DISK SEC.33/45/43
PBC POSITION: W. WOOLBRIGHT RD. FOUND PBC
N793818.590, E961637.528 N89'19'55"E 2620.10' 2620.23'(G) BRASS DISK
— PBC POSITION:
N. LINE OF THE N.E.1/4 OF SEC.33/45/43 N793849.144
S86 51'28'E
60/79.2-7-- _ N89'19'55"E 199`'.2 E964257.578
N793785.595 — — 24.68' --
0
E962238.574 00 uj N793785.882
124+00.80 N69'59'56"1"116.32' N to E962263.251 0
52.5'R 0 124+27.30, 51.75'R
124+18.10, 57.84'R •
n
N24.49'48"W 23.98' N N
124+28.67, 79.36'R SECTION CORNER TIES m
E—Mail: info@brown—phillips.com PE 208
BROWN & PHILLIPS, INC. WOOLBRIGHT ROAD
(THIS IS NOT A SURVEY)
PROFESSIONAL SURVEYING SERVICES DRAWN: MDB PROJ. No. 19-111
CERTIFICATE OF AUTHORIZATION # LB 6473 CHECKED: JEP SCALE: NONE
1860 OLD OKEECHOBEE ROAD., SUITE 509,
WEST PALM BEACH, FLORIDA 33409 DESCRIPTION NOTES DATE: 2/1/23
TELEPHONE (561)-615-3988, 615-3991 FAX SHEET 3 OF 3