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R24-141 1 RESOLUTION NO. R24-141 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING A TEMPORARY CONSTRUCTION EASEMENT 5 WITH PALM 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-9S 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. 308, for a temporary construction 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 recommendation of staff, has deemed it to be in 20 the best interests of the citizens and residents of the City to approve a Temporary Construction 21 Easement with Palm Beach County for the Woolbright Road and Seacrest Boulevard Project. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 24 BEACH, FLORIDA, THAT: 25 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption. 27 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 28 approve a Temporary Construction Easement between Palm Beach County and the City for the 29 Woolbright Road and Seacrest Boulevard Project (the "Easement"), in form and substance similar 30 to that attached as "Exhibit A." 31 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 32 authorizes the Mayor to execute the Easement and such other related documents as may be 33 necessary to accomplish the purpose of this Resolution. 34 SECTION 4. The Mayor executed original Easement shall be provided to Keith Webber 35 to forward to Palm Beach County for approval and recording. 36 SECTION 5. This Resolution shall take effect in accordance with law. 37 38 PASSED AND ADOPTED this 8th day of July 2024. 39 CITY OF BOYNTON BEACH, FLORIDA 40 YE, NO 41 Mayor—Ty Penserga �/ 42 43 Vice Mayor—Aimee Kelley 44 45 Commissioner—Angela Cruz Y/ 46 47 Commissioner—Woodrow L. Hay 48 49 Commissioner—Thomas Turkin 50 51 VOTE 52 ATT : 53 54 55 Mayle: De -sus, MPA, M 56 City Cl• rk Mayo 57 58 APPROVED AS TO FORM: 59 (Corporate Seal) �O�NTON \N% Aee/44 49Cdn‘ 61 62 V SEAL ? ;Shawna G. Lamb 63 S INCORPORATED: ; City Attorney 1920• I, ••.....•s P ' `% FLOR�� 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,3rd 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'' z 7 PARCEL Na: 308 TEMPORARY CONSTRUCTION EASEMENT THIS TEMPORARY CONSTRUCTION EASEMENT("Easement")is made this r day of ju..1q , 20at\ , 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 temporary construction easement,over,upon, under, through and across the following described property, situate in Palm Beach County, Florida: Property more particularly described in Exhibit"A"attached hereto and made a part hereof("Easement Premises"). This Easement,as described herein,expiring no later than 3 years from the date of recording in the public records, is to be used for the purpose of access, all related construction activities reasonably required for driveway construction,sloping,grading,and harmonizing the road construction with the adjacent property. Page 1 of 3 Grantee, its agents, successors and assigns, shall have the right,but not the obligation to perform any maintenance activities, 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. 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, Aa Florida municipal corporation j C�cQ Witness Si ature (Req ) By: z�, __ Tammy L. Stanzione 'ens :a I ayor Witness Name Printed or Typed Address: ,W rX_ear t-cca-,' mack,33,3435 : o, NToN•‘‘� C_CN\,-k, -C),_) Os, UV( ‘)\-C- �'O��O�tQORATF•�F,9%�11 Witne s Signature (Required) (CORPORATE SEAL) S SEIQ AL . : n4cORPOR°.51 h.0 S-efn I loc rn-e 1920. Witnes Name Printed or Typed �,<< ��......•••'p, ddress: IOC)E c .-rci n i PLO aeh, P- 1334 STATE OF CITY ATTORNEY'S OFFICE ���`,��'� Approve as to form Kigali COUNTY OF A\rte ,_,_,�C.� By: y &(/rX . a.11 7 Before me personally appeared Ty Penserga,who is(choose one)L personally known to me, or❑ has produced as identification, and who executed the foregoing instrument as Mayor of the City of Boynton Beach, a Florida municipal corporation, and severally acknowledged to and before me by means of(choose one)Erphysical 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 g day of tki , 20y-1 . ............... `....11111mu.,,,111//1// //'' 1 ', I 1 t --- 4,.,..,-,, ,,,,,.„..... Nota �, ature ,` �° Nota f'ub c, State ‘f }Ip r t t{.ct_ (Stamp/Seal) = sf COMMISSION EXPIRES,--2 2025 _ I . ,{ ` VC o)`o,� Print Not:ry Nam ',24;••S,TgTE OF F��.�•a�, i4L : S IS SSON NIU00, Commission Number '''///////,1„11111111111111111' My Commission Expires: a la-iaoag F:\R_O_W\Wildad\2018106 WOOLBRIGHT RD&S.SEACREST BLVD\Parcel 208 308 City of Boynton Beach\Recording Instruments\TCE 4-Corp 308.docx Page 3 of 3 EXHIBIT A PBC PROJECT NO.2018106 A PARCEL OF LAND FOR TEMPORARY CONSTRUCTION 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, SO1'31'05"E FOR 25.40 FEET; THENCE N45'40'05"W FOR 35.91 FEET TO THE SAID SOUTH RIGHT—OF—WAY; THENCE ALONG SAID SOUTH RIGHT—OF—WAY, N8919'55"E FOR 25.02 FEET TO THE POINT OF BEGINNING. CONTAINING 318 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 John E Digitally signed by - EACH OTHER. REPRODUCTIONS OF THIS DOCUMENT ARE NOT VALID John E Phillips WITHOUT THE 1.07.22 I VERIFIED ELECTTRON CAL SIGNATUREE AND AND OR OF STAMP, OARFLORIDAAT LICENSED P h i I I i p s 14:53:1201 Date: -04 00 SURVEYOR AND MAPPER EMPLOYED BY BROWN & PHILLIPS, INC. JOHN E. PHILLIPS, III REVISIONS: f PROFESSIONAL LAND SURVEYOR STATE OF FLORIDA No. 4826 e ' DATE: E—Mail: infoObrown—phillips.com TCE 308 WOOLBRIGHT ROAD OWN & PHILLIPS, INC. (THIS IS NOT A SURVEY) PROFESSIONAL SURVEYING SERVICES DRAWN: FADE 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: 6/1/21 TELEPHONE (561)-615-3988, 615-3991 FAX SHEET 1 OF 3 40' 40' 7EXHIBIT A 7' RPB 5 PG.179 I RPB 5 PG.179 7' PBC PROJECT NO.2018106 ORB 2257 PG.990 I� 1 — CENTRAL PARK ANNEX LOTS1-24 �, � 33' 33 d8-43-45-28-13-012--0210 °4- P.B.12 PG.51 P.B.12 PG.51 P.B.12 PG.51 w a BLOCK 11, LOT 12 a I ? = I r-- : /W PER CD,TRAL PARK ANNEX N , 171 I 0 I N (ORB 29484 PG.1109) P.B.12 PG.51 CO z g CC\CO (NO R/W DEED) BLOCK 12 01 e. \ N. R/#1 23 LOT 24 N. R/W 'N''''' ____.- I N8919'5511 ' N ', o I 6 No o 6a • a c.) � + 03 CO m c�7- N Q. OF CONSTRUCTION S88'40'05`E a s N89'19'S5"E am. a o -- -- — — r N891955°E ' 7-o^ N. LINE OF NE N.E.1/4 OF SEC.33/45/43 N8919'55`E -.o 0 V N793785.591 (BEARING BASIS) E oo a s E962238.234 N793785.882 I a ad.. a o a - o E962263.251 W. WOOLBRIGHT RD. 40 a ,n u, 124+00.46 I v.) �, , m m Q' 52.5'R 124+27.30 m m a' ce 0= N89'19'S5"E 51.75'R o P.O.B. , 25.02' w LiS. R/W S. R/W N8919'55"E 3TCE 08 0 F5 , �'� N89'19'S5"E 4/ u• g, I � / (c)-- ��� 0 cn 40' 40' 4 4\'�,e.>o CITY OF BOYNTON BEACH RPB 4 P0.84) (RPB 5 PG.121) �t�0N w € 08-43-45-33-14-000-0012 o N I a g "' ', _ g R x CEMETERY PROPERTY N+, . o m `�I w N TRACT 1 SECTION 33 (P.8.1 PG.4) ar m I F N*- .I m m o cn Q 4+00 i6Fe n I M o� - m W "'� t.LL';', z� ' 0 m M I tis W ° 10 3 0 15 30 N Ui I z®� I I m ti 0 Z 1 U SCALE: 1" 30' Z l g t. E-Mail: info@brown-phillips.com TCE 308 BROWN & PHILLIPS, INC. WOOLBRIGHT ROAD PROFESSIONAL SURVEYING SERVICES (THIS SKETCH IS NOT A SURVEY) CERTIFICATE OF AUTHORIZATION # LB 6473 DRAWN: MDB PROD. No. 19-111 1860 OLD OKEECHOBEE ROAD., SUITE 509, CHECKED: JEP SCALE: 1" = 30' WEST PALM BEACH, FLORIDA 33409 SKETCH TO ACCOMPANY DATE: 611/21 15 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 Sc 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: k — BASELINE RPB - ROAD PLAT BOOK P.B. - PLAT BOOK c_ - CENTERLINE DB - DEED BOOK ORB - OFFICIAL RECORD BOOK 'L - LEFT OF CENTERLINE OF CONSTRUCTION (P) - PLAT DIMENSION PG. - PG. 'R - RIGHT OF CENTERLINE OF CONSTRUCTION (G) - GRID DIMENSION DWG. - DRAWING P.O.B. - POINT OF BEGINNING CONST. - CONSTRUCTION PBC - PALM BEACH COUNTY R/W - RIGHT-OF-WAY HAD - NORTH AMERICAN DATUM SEC. - SECTION TCE - TEMPORARY CONSTRUCTION EASEMENT 6) BEARINGS ARE BASED ON N8919'55"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.E. CORNER N.1/4 CORNER OF SEC.33/45/43 SEC.33/45/43CORNER 12 FOUND PBC BRASS DISK FOUND PBC PBC POSITION: W. WOOLBRIGHT RD. BRASS DISK 28N793818.590, E961637.528 _ -- - — PBC POSITION: i3l - ` N89'19'S5"E 2620.10' 4 2620.23'(G) N793849.144 N% . LINE OF THE N.E.1/4 OF SEC.33/45/43 �5 26 E964257.578 ! 186;512-67"(1-6011.58-3- ' - Ng81100 1g o 1 N793785.591 TCE N793785.882 E962238.234 308 E962263.251 q p 124+00.46 124+27.30, 51.75'R o t' 52.5'R 0 x SECTION CORNER TIES 124+28.56, 77.12'R 'a ill g I E-Mail: info®brown-phillips.com TCE 308 3 WOOLBRIGHT ROAD d MOWN & 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, 1 WEST PALM BEACH, FLORIDA 33409DESCRIPTION NOTES DATE: 6/1/21 TELEPHONE (561)-615-3988, 615-3991 FAX SHEET 3 OF 3