R24-256 RESOLUTION NO. R24-256
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A SUBORDINATION OF CITY UTILITY
5 INTERESTS FOR PARCEL 800.7 FOR THE FLORIDA DEPARTMENT OF
6 TRANSPORTATION WOOLBRIGHT ROAD AND I-95 INTERCHANGE
7 IMPROVEMENTS PROJECT; AND FOR ALL OTHER PURPOSES.
8
9 WHEREAS, the scope of this project consists of milling, resurfacing, and widening along
10 Woolbright Road to expand the typical section through the I-95 interchange to three through
l 1 lanes in each direction, expand the interchange off-ramp terminals to include triple left-turn lanes,
12 provide dual left-turn lanes and a fourth westbound through lane at the SW 8th Street
13 intersection. Shared use paths, sidewalks, and designated bike lanes will be provided. The I-95
14 mainline will be resurfaced, and the median barrier wall will be reconstructed for maintenance of
15 traffic purposes. The scope also includes signing and pavement marking, lighting, and
16 signalization upgrades; and
17 WHEREAS, as part of the improvements, the City needs to subordinate utility easements
18 at the intersection of Woolbright Road and Corporate Drive, as shown in exhibit "A" of the
19 attached subordination documents; and
20 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
21 best interests of the city's citizens and residents to approve a Subordination of City Utility Interests
22 for parcel 800.7 for the Florida Department of Transportation Woolbright Road and I-95
23 Interchange improvements project.
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
26 BEACH, FLORIDA, THAT:
27 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a specific part of this Resolution upon adoption.
29 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
30 approve a Subordination of City Utility Interests between the State of Florida Department of
31 Transportation (FDOT)and the City for parcel 800.7 for the Woolbright Road and I-95 Interchange
32 improvements project ("the Agreement") in the form and substance similar to that attached as
33 "Exhibit A."
34 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
35 authorizes the Mayor to execute the Agreement and such other related documents as may be
36 necessary to accomplish the purpose of this Resolution.
37 SECTION 4. The Mayor-executed Agreement shall be forwarded to Milot Emile to
38 obtain execution and recording of the Agreement by FDOT. Milot Emile shall ensure that a copy
39 of the recorded Agreement is returned to the City to be provided to the Office of the City Attorney
40 for forwarding to the City Clerk for retention as a public record.
41 SECTION 5. This Resolution shall take effect in accordance with law.
42
43 PASSED AND ADOPTED this 1c41 day of 00-1,1>e1( 2024.
44 CITY OF BOYNTON BEACH, FLORIDA
45 YES. NO
46 Mayor-Ty Penserga 17
47
48 Vice Mayor-Aimee Kelley
49
50 Commissioner-Angela Cruz
51
52 Commissioner-Woodrow L. Hay
53
54 Commissioner-Thomas Turkin fru scuds
55
56 VOTE -D
57 ATTES '
58
59 ,1.... L '• Lla' /6 vie./
60 Maylee D: Je: , MPA, M T - erga
61 City Clerk pYNTO ;`‘‘ or
62 if d(�•A OR47.6F,1,
63 ° '9n APPROVED AS TO FORM:
64 (Corporate Seal) v; SEAL
65 : INCORPORATED;
66 1920 , J��'�/ �! • oCan b
67 '"��.FLOR1O .' .e Shawna G. Lamb
68
...........
City Attorney
23-UTL.04-07/18
This instrument prepared under the direction of:
Elizabeth S. Quintana, Esq.
District Four Assistant General Counsel
Legal Description prepared by:
DRMP INC.
Blake A. Bussard, P.S.M. (12/14/2023) Parcel No. 800.7
Document prepared by: Item/Segment No. 4372791
Alverene Arjun(06/03/2024) Section: 93220-2560
Florida Department of Transportation Managing District: 04
Right of Way Production Services S.R. No. 9/1-95 @ West Woolbright Rd.
3400 W. Commercial Boulevard County: Palm Beach
Fort Lauderdale, Florida 33309
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT entered into this I Ste"day oft�'I17be r , 20 4 , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,hereinafter called the
FDOT,and the CITY OF BOYNTON BEACH,a municipality of the State of Florida,hereinafter called
the CITY.
WITNESSETH:
WHEREAS, the CITY presently has an interest in certain lands that have been determined
necessary for highway purposes; and
WHEREAS, the proposed use of these lands for highway purposes will require subordination of
the interest claimed in such lands by the CITY to the FDOT; and
WHEREAS, the FDOT is willing to pay to have the CITY'S facilities relocated if necessary, to
prevent conflict between the facilities so that the benefits of each may be retained.
NOW,THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,
CITY and FDOT agree as follows:
CITY subordinates to the interest of FDOT its successors and assigns, any and all of its interest in
the lands as follows,viz:
(See Sketch and Legal Description attached hereto as Exhibit "A")
Page 1 of 8
RECORDED
INSTRUMENT DATE FROM TO O.R.B. & PG.
Easement 04/17/1979 S.J. Jarvis, as Trustee City of Boynton Beach 3042/ 1765
Easement 10/14/1979 S.J. Jarvis, as Trustee City of Boynton Beach 03383 /0199
PROVIDED that the CITY has the following rights:
1. The CITY shall have the right to construct, operate, maintain, improve, add to, upgrade, remove,
and relocate facilities on, within, and upon the lands described herein in accordance with the
FDOT'S current minimum standards for such facilities as required by the FDOT, Utility
Accommodation Manual in the effect at the time the agreement is executed. Any new construction
or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should
the FDOT fail to approve any new construction or relocation of facilities by the CITY or require
the CITY to alter,adjust,or relocate its facilities located within said lands,the FDOT hereby agrees
to pay the cost of such alteration,adjustment, or relocation, including,but not limited to the cost of
acquiring appropriate easements.
2. Not withstanding any provisions set forth herein, the terms of the utility permits shall supersede
any contrary provisions, with the exception of the provision herein with reimbursement rights.
3. The CITY shall have a reasonable right to enter upon the lands described herein for the purposes
outlined in Paragraph 1 above,including the right to trim such trees,brush,and growth which might
endanger or interfere with such facilities, provided that such rights do not interfere with the
operation and safety of the FDOT's facilities.
4. The CITY agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any
loss or damage resulting from the CITY exercising its rights outlined in Paragraphs 1 and 3 above.
[SPACE INTENTIONALLY LEFT BLANK]
Page 2 of 8
IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first
above written.
Attorney approved as to form: STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
BY:
Name: ELIZABETH S. QUINTANA Name: STEVEN C. BRAUN, P.E.
District 4 Assistant General Counsel District 4 Secretary
Signed,sealed and delivered in the presence of: (Two witnesses required by Florida Law)
Witness(1) Information: Witness (2) Information:
Witness(1) Signature: Witness(2) Signature:
Witness(1) Print Name: Witness(2) Print Name:
Address: 3400 West Commercial Blvd.,Suite 300 Address: 3400 West Commercial Blvd.,Suite 300
Fort Lauderdale,FL 33309 Fort Lauderdale,FL 33309
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization, this day of , 20 , by
STEVEN C. BRAUN, P.E., District 4 Secretary, who is personally known by me or who has produced
as identification.
(SEAL) Notary Public
Printed or stamped name of Notary Public
My Commission Expires:
Page 3 of 8
IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its
Board of City Commissioners acting by the Mayor or Vice-Mayor of said Board,the day and year aforesaid.
ATTES . 1 % ' ♦ ✓ CITY OF BOYNTON BEACH,a municipality
of the State of Florida
Print Name: � S By Its Board of City Commissioners
Clerk(or Deputy
pBOYNT �‘I
i ..060RP407 •:ie
INCORpCR47. t= :rint N. • e: /J /GrNSEX A
+i 192n �'' ;is Ma or
++�� ,;..�„ • •(or Vice-Mayor)
APPROVED AS TO FORM AND �`\``G;,
LEGAL SUFFICIENCY:
(Official Seal)
By: J/Lt/'jd6
City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me by means of "I physical presence or
online notarization, this Vi day of OCL\O 00e , 20. 4 , by
, Mayor (or Vice-Mayor) on behalf of the CITY OF
BOYNTON BEACH, a municipality of the State of Florida,yvho is personally known tomne or who has
produced as identification.
EINIC12
(SEAL) Notary Publi•
Tammy L. Stanzione
Printed or stamped name of Nota,
My Commission Expires: t .....4NARYPG Oy
FXp,� I�o
V.`5.
�fBERH�� '"
Page 4 of 8 """"' "
RGE 43 E EXHIBIT "At1 LEGEND
a_ IOWist Nor A = CURVE DELTA ANGLE
I �., I = BASELINE
.' BOYNTON
EACH e, C.B. CHORD BEARING
% PB 69 3.• 2 EXIST. EXISTING
Alt.1 � F.D.O.T. = FLORIDA DEPARTMENT
N el *Il�p Ali j OF TRANSPORTATION
,,WAN 1 F.P. = FINANCIAL PROJECT
`r F.P.&L = FLORIDA POWER
'' �/ �) AND LIGHT
%: ,� L s LENGTH OF CURVE
4 LB = LICENSED BUSINESS
�' N.T.S. r, NOT TO SCALE
iiiiO.R.B. = OFFICIAL RECORDS BOOK
/ Ito MIN, = PROPERTY LINE
(P) = PLAT
LOCATION MAP BOOK
PARCEL VICINITY PG. = PAGE
NOT TO SCALE P.O.B. = POINT OF BEGINNING
PSM = PROFESSIONAL SURVEYOR
AND
PARCEL 800 R = RADIUSAPPER
OWNER = BOYNTON COMMERCE CENTER INC., RGE. = RANGE
AN INACTIVE FLORIDA CORPORATION RT. = RIGHT
R/W = RIGHT OF WAY
S.R. = STATE ROAD
PARENT TRACT AREA = 1.5329 Acres STA. = STATION
PARCEL 800 EASEMENT AREA = 2,559 SQUARE FEET TWP. = TOWNSHIP
U.E. = UTILITY EASEMENT
GENERAL NOTES:
1. BEARINGS AND COORDINATES SHOWN HEREON ARE RELATIVE TO THE FLORIDA STATE PLANE
COORDINATE SYSTEM. FLORIDA EAST ZONE• NORTH AMERICAN DATUM (NAD) OF 1983/1990
ADJUSTMENT. THE GRID BEARING OF N 84°47'44" E HAS BEEN ESTABLISHED BETWEEN MONUMENTS
Cl AND C2 AS SHOWN ON THE PROJECT NETWORK CONTROL (PNC) SHEETS FPID 231932-2-52-01
ON FILE WITH THE DISTRICT FOUR SURVEYING AND MAPPING DEPARTMENT IN
FORT LAUDERDALE, FLORIDA. THE FOLLOWING ARE THE COORDINATES FOR SAID MONUMENTS:
POINT NORTHING FASTING DESCRIPTION
C1 793.760.955 960,861.072 FDOT BRASS DISC IN CONCRETE
C2 793,873.406 962,095.648 FDOT BRASS DISC IN CONCRETE
2. THIS SKETCH EXISTS SOLEY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION TO
WHICH IT IS ATTACHED.
3. ALL BEARINGS AND DISTANCES HAVE BEEN CALCULATED UNLESS OTHERWISE NOTED.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
SURVEYING AND MAPPING
3400 WEST COMMERCIAL BOULEVARD
FT. LAUDERDALE, FLORIDA 33309
VAULT:/RWMAPPING/r4372791 u9/Parcel Sketches/RWPS800.Ogn 954-777-4560
. FLORIDA DEPARTMENT OF TRANSPORTATION
' • PARCEL SKETCH - NOT A SURVEY
• • STATE ROAD NO. 9 (1-95) AT WEST WOOLBRIGHT RD PALM BEACH COUNTY
• - - Sr ,A., rnenuro n u
ticr FED.PRO). D421-0538
D MP INC.L6°2648 N T S
DRAWN BAR 08/29/23
":vs1wn BY DAYS CHECKED 16.i 00/30/73 F.P. NO.437279-1 SECTION 93220-2560 SHEET 1 OF 4
Page 5 of 8
EXHIBIT "A"
CITY OF BOYNTON BEACH
PARENT TRACT DETAIL
S 04°38'35' E
NOT TO SCALE 16.87', 16.42' (P)
w
N 87°39'39" E- v
49.51' (P) 1' N 85°21'25" E
29.26', 29.32' (P) ui
L7
EL" a V1
. > rn
a
W
W 3 N
O M
o d
0 o W
o U c V)
Z O
BLANKET U.E.
O.R.B. 4373, PG. 718
oa..
A = 35°26'53" 'cacti
L = 287.07' h ~
R = 464.00'
C.B. = N 17°44'37" E
A = 16°40'29"
L = 149.59' (P)
R = 514.00' (P)
C.B. = S 27°07'49" W
A = 35°26'53"
L = 355.74' ��
R = 575.00'
C.B. = N 17°44'37" E A = 35°26'53" A = 21°41'42" (P)
L = 324.81' L = 198.79' (P)
R = 525.00'
C.B. = S 17°44'37" W
N 89°58'49" W
50.00'
VAULT;/RWMAPPINWr437279/ sr9/Parcel Sketches/RWPS800.d9n
FLORIDA DEPARTMENT OF TRANSPORTATION
PARCEL SKETCH - NOT A SURVEY
•
STATE ROAD NO. 9 (1-95) AT WEST WOOLBRIGHT RD PALM BEACH COUNTY
• wwnmD°.. crA:r
B' °''nFED. PRO/. D427-OS3•8
• � •DAMP INC tsai44e r:T s
ADO 4371171$ Y° I 12/1 4/21 DRAWN CAB 0$R4/1) •
44414=41 a DM4 cHEc.,D /r4r umn, F.P. NO. 437279-1 SECTION 93220-2560 SHEET 2 OF 4
Page 6 of 8
ww
MM
Q Q
EXHIBIT "A" 0 0
a ac
CITY OF BOYNTON BEACH vlln
0 11
QQ
0:a
01 N
NM 345
66
342 I—
N 87°39
j SEC 29-45-43
'39" E _
SEC 32-45-43 ft SURVEY WEST WOOLBRIGHT ROAD AND SECTION LINE
343+07.00
60.95' RT
S 04°38'35" E
P. 16.87', 16.42' (P)
'01 NE CORNER 343+07.68
da OF PARCEL 2 77.80' RT
fD EXIST. RMI LINE N 87°39'39'_E N 85°21'25" E
--.1 '49.51'(P�
21.43' EXIST. RMl UNE ____
c 29.13' C1 _
00 PARCEL 2 N 00°00'11• E ® • J Curve Ci
11 • 0 = 178°22'34"
LINE DATA N'01°36'15" W-� L = 23.63'
29,04' m c R = 7.59'
C.B. = S 89°12'28" W
I LINE BEARING j DISTANCE 2 o
11 N 00°01'11" E- Jo PARCEL 1
LI S 00°01'11• W 8.47' 17.91( 24.20'
L2 N 89°58'49" W� 32.00' N 89°56'49' W BLANKET U.E.
10' U.E.(P) TO CITY OF BOYNTON BEACH • x•—• — a j' O.R.B. 4373, PG. 718
O.R.B. 3042, PG. 1765 z
10' U.E.(P) TO CITY OF BOYNTON BEACH —' -�-+ U
O.R.B. 3383, PG. 199 . : !80' IEE. & U.E. (P)�
BOYNTON COMMERCE CENTER
___
VAUISYRWMAPPMGlr4372791,,sr9/Parcel Sketches/RWPS800.dgn P.B. 46, PG. 126 _ —
FLORIDA DEPARTMENT OF STATE ROAD NO. 9 (1-95) AT WEST WOOLBRIGHT RD. PALM BEACH COUNTY
TRANSPORTATION . inDMnEMu°rr.
• ---• •DANA INC.1862648 I 1•.<0' FED. PROJ. D421-053-13ADD 4373/718 m.° Dila]) OMWN BAB 06/39/23 _. _._....
PARCEL SKETCH I 11.165,011 °. WE CHecKED 114E 08/30/23 F.P.NO.437279-1 SECTION 93220.2560 SHEET 3 OF 4
EXHIBIT "A "
Porcel 800
A portion of BOYNTON COMMERCE CENTER, according to the plot thereof, as
recorded in Plot Book 46, Poge 126 of the Public Records of Palm Beach
County. Florida, lying in Section 32, Township 45 South, Range 43 East,
more particularly described os follows:
Begin at the Northeasterly corner of Parcel 2 of '80YNTON COMMERCE CENTER,
o point on the Southerly Existing Right of Way Line°of West Woolbright Road.
+he POiNT OF BEGINNING:thence along sold West Woolbright Road.
North 87°39'39" East. o distance of 49.51feet:thence South 04°38'35" East,
o distonce of 16.87 feet: thence North 85°21 '25" East,a distance of 21 .43
feet: thence South 00°0l ' II " West, o distance of 54.36 feet;
thence North 89°58'49" West,a distance of 24.20 feet;
thence North 00°01 ' 11 " East, a distance of 17.91feet:
thence North 0I °36' 15" West, o distance of 29.04 feet to the beginning of
o curve concave Southerly, having a chord bearing of South 89°12'28" West:
thence along sold curve, having a radius of 7.59 feet, through a central
angle of 178°22'34", on arc distance of 23.63 feet to the end of said
curve;thence South 00°01 ' II " West, a distance of 8.47 feet; +hence
North 89°58'49" West, a distance of 32.00 feet to, a point on the Easterly
line of said Parcel 2: thence North 00°00' 11 " East. o distance of 29. 13 feet
to a point on the Southerly Existing Right of Woy line of sold West Woolbright
Rood. olso being the POINT OF BEGINNING.
Containing 2,559 square feet more or less.
A perpetual easement for the purpose of constructing and maintaining roadway
signolfzotion equipment, tying in, and harmonizing sidewalk, curb, and
pavement markings, etc. , including the right to access, ingress and egress,
and such other rights that ore necessary and incidental to sold construction
and maintenance to be undertaken by the deportment.
I hereby certify that the sketch and legal description was prepared under my
direction and that said sketch and legal description is in compliance with
the standards of practice set forth by the Florida Board of Professional
Surveyors and Mappers, in Chapter 5J- 17 Florida Administrative Code pursuant
to section 472-027, Florida Statutes.
�l ,1 ' • 2i/r
BLAKE A. BUSSARD! Dote:
Professional Surveyor and Mapper
Registration No.. 7435
State of Florida
NOT VALID UNLESS SiGNED AND SEALED
VAULT:IRWMAPPING/r4372791_sr9/Parcel Sketches/RWPS800dgr •
FLORIDA DEPARTMENT OF TRANSPORTATION
PARCEL SKETCH - NOT A SURVEY
STATE ROAD NO. 9 (1-95) AT WEST WOOLBRIGHT RD PALM BEACH COUNTY
nu,.H,D scut:
kr
ass INC.
Le*
oMwN s I FED_PROI. 04e;-053.6
amide n--_"- rNn—'CHKKED sor 0w30n3 F.P. NO. 437279-1 SECTION 93220-2560 SHEET 4 OF 4
Page 8 of 8