R25-138 1 RESOLUTION NO. R25-138
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO
5 SIGN THE AMENDED AND RESTATED EASEMENT AGREEMENT
6 BETWEEN 51 HYPOLUXO, LLC ("GRANTOR") AND THE CITY OF
7 BOYNTON BEACH ("GRANTEE") FOR THE CONSTRUCTION,
8 OPERATIONAL REPAIR, MAINTENANCE, AND FUTURE REPLACEMENT
9 OF A SANITARY AND UNDERGROUND WASTERWATER
10 INFRASTRUCTURE; PROVIDING AN EFFECTIVE DATE; AND FOR ALL
11 OTHER PURPOSES.
12
13 WHEREAS, the Town of Hypoluxo had secured grant funding to eliminate septic tanks in
14 two commercial areas: Hypoluxo Mall and Miner Road Business Park. The Town of Hypoluxo
15 signed an interlocal Agreement with the City of Boynton Beach for the implementation of the
16 program; and
17 WHEREAS, on or about April 16, 2024, the City and Grantor entered into an Easement
18 Agreement, required for the installation of underground wastewater infrastructure and a lift
19 station to serve the Hypoluxo Mall; and
20 WHEREAS, the original Easement Agreement needs to be revised due to minor field
21 changes to the layout and final construction installation of the project; and
22 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
23 recommendation of staff, deems it to be in the best interests of the City residents to approve and
24 authorize the Mayor to sign the Amended and Restated Easement Agreement between 51
25 Hypoluxo, LLC ("Grantor") and the City of Boynton Beach ("Grantee") for the construction,
26 operational repair, maintenance, and future replacement of a sanitary sewer lift station and
27 underground wastewater infrastructure.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
29 BEACH, FLORIDA, THAT:
30 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
31 being true and correct and are hereby made a specific part of this Resolution upon adoption.
32 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
33 approve and authorize the Mayor to sign the Amended and Restated Easement Agreement
34 between 51 Hypoluxo, LLC ("Grantor") and the City of Boynton Beach ("Grantee") for construction,
35 operational repair, maintenance, and future replacement of a sanitary sewer lift station and
36 underground wastewater infrastructure, in form and substance similar to that attached as Exhibit
37 A.
38 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
39 authorizes the Mayor to execute the Amended and Restated Easement Agreement. The Mayor is
40 further authorized to execute any ancillary documents necessary to accomplish the purposes of
41 this Resolution.
42 SECTION 4. Upon full execution of the Amendment, the Amended and Restated
43 Easement Agreement shall record it in the Public Records of Palm Beach County and provide a
44 copy to Keith Webber, Engineering Assistant Director.
45 SECTION 5. This Resolution shall take effect in accordance with law.
46
47
48
49 [SIGNATURES ON THE FOLLOWING PAGE]
50
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60
61 PASSED AND ADOPTED this 3 day of JtAKC 2025.
62 CITY OF BOYNTON BEACH, FLORIDA
63 YENO
ts
64 Mayor— Rebecca Shelton
65 .
66 Vice Mayor—Woodrow L. Hay ✓
67
tZ
68 Commissioner—Angela Cruz
69 /
70 Commissioner—Thomas Turkin ✓
71
72 Commissioner—Aimee Kelley .-f'JOe+'Y
73
74 VOTE f—i
75 ATT ST
76
77 L 1.l 11/
78 Maylee D" esus, MPA, MC Rebecca Shelton
79 City Cl- 0,OY N TON`‘‘\ Mayor
80 % O�4iitPORAt o... ��11
81 ;' SEAL 1=1; APPROVED AS TO FORM:
82 - °.
(Corporate Seal) INCORPORATED;
83 i •
••• 1920 • )42u/i
aW-ris
85 �'\.``FLORVOP= Shawna G. Lamb
86 City Attorney
RETURN to:
Michael Weiner,Esq.
Sachs Sax Caplan,P.L.
6111 Broken Sound Parkway NW
Suite 200
Boca Raton,Florida 33487
PCN: 26-43-45-10-00-000-3040
Address: 51 Hypoluxo Road,Hypoluxo,FL33462
AMENDED AND RESTATED EASEMENT AGREEMENT
This Amended and Restated Easement Agreement("Agreement")is entered into this day of 5
44. 2025, by and between 51 HYPOLUXO LLC, a Florida limited liability company, ("51
HYPOLUXO") and the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation
("CITY"). 51 HYPOLUXO and the CITY are hereinafter also referred to individually and collectively as a
"Party"or"Parties",respectively.
WHEREAS, 51 HYPOLUXO is the owner of that real property located at 51 Hypoluxo Road,
Hypoluxo,FL 33462("Property"),as more particularly described in Exhibit"A";
WHEREAS,the CITY intends to construct and install a new wastewater lift station on the north-
east corner of the Property adjacent to the Hypoluxo Road, as well as wastewater lines and laterals along
the western portion of the Property("Project");and
WHEREAS, in order to complete construction of the Project, the CITY requires a 20 ft. x 40 ft
Easement for the wastewater lift station, as more particularly described in Exhibit "B", a nonexclusive
Ingress-Easement Easement to access to lift station, as more particularly described in Exhibit"C", and a
nonexclusive Easement for the construction of the underground wastewater infrastructure, as more
particularly described in Exhibit"D" ("Easement Areas");and
WHEREAS,on or about April 16,2024,the Parties entered into an Easement Agreement recorded
in Official Records Book 35137,Page 1699,of the public records of Palm Beach County,Florida,whereby
51 HYPOLUXO agreed to provide the CITY with an Easement over the Easement Areas subject to certain
conditions as detailed therein("Original Easement Agreement");and
WHEREAS, the Parties desire to amend and clarify the sketch and legal descriptions attached to
the Original Easement Agreement as more particularly set forth herein.
NOW THEREFORE, in consideration of the above-referenced Recitals and the promises and
covenants set forth herein,along with other good and valuable consideration,the receipt and sufficiency of
which is hereby acknowledged, 51 HYPOLUXO and CITY agree as follows:
1. Recitations: The above Recitals are true and correct and are incorporated by reference
herein.
2. Easement.51 HYPOLUXO,being the owner of the Property,laying situate in Palm Beach
County,Flonda,shall execute the Easement attached hereto as Exhibit"E",and incorporated herein.
1
CFN 20250214855
OR BK 35812 PG 519
RETURN to: RECORDED 6/17/2025 9:25 AM
Palm Beach County,Florida
Michael Weiner,Esq. Joseph Abn,ao,Clerk
Sachs Sax Caplan,P.L. Pgs:519-540;(22pgs)
6111 Broken Sound Parkway NW
Suite 200
Boca Raton,Florida 33487
PCN: 26-43-45-10-00-000-3040
Address: 51 Hypoluxo Road,Hypoluxo,FL33462
AMENDED AND RESTATED EASEMENT AGREEMENT
This Amended and Restated Easement Agreement("Agreement")is entered into this day of 3�
c 2025, by and between 51 HYPOLUXO LLC, a Florida limited liability company, ("51
HYPOLUXO") and the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation
("CITY"). 51 HYPOLUXO and the CITY are hereinafter also referred to individually and collectively as a
"Party"or"Parties",respectively.
WHEREAS, 51 HYPOLUXO is the owner of that real property located at 51 Hypoluxo Road,
Hypoluxo,FL 33462("Property"),as more particularly described in Exhibit"A";
WHEREAS, the CITY intends to construct and install a new wastewater lift station on the north-
east corner of the Property adjacent to the Hypoluxo Road,as well as wastewater lines and laterals along
the western portion of the Property("Project");and
WHEREAS, in order to complete construction of the Project, the CITY requires a 20 ft. x 40 ft
Easement for the wastewater lift station, as more particularly described in Exhibit "B", a nonexclusive
Ingress-Easement Easement to access to lift station,as more particularly described in Exhibit"C",and a
nonexclusive Easement for the construction of the underground wastewater infrastructure, as more
particularly described in Exhibit"D" ("Easement Arcas");and
WHEREAS,on or about April 16,2024,the Parties entered into an Easement Agreement recorded
in Official Records Book 35137,Page 1699,of the public records of Palm Beach County,Florida,whereby
51 HYPOLUXO agreed to provide the CITY with an Easement over the Easement Areas subject to certain
conditions as detailed therein("Original Easement Agreement");and
WHEREAS, the Parties desire to amend and clarify the sketch and legal descriptions attached to
the Original Easement Agreement as more particularly set forth herein.
NOW THEREFORE, in consideration of the above-referenced Recitals and the promises and
covenants set forth herein,along with other good and valuable consideration,the receipt and sufficiency of
which is hereby acknowledged,51 HYPOLUXO and CITY agree as follows:
1. Recitations: The above Recitals are true and correct and are incorporated by reference
herein.
2. Easement.51 HYPOLUXO,being the owner of the Property,laying situate in Palm Beach
County,Florida,shall execute the Easement attached hereto as Exhibit"E",and incorporated herein.
3. Construction Schedule. CITY shall use commercially reasonable and good faith efforts
to complete construction activities related to the Project in the Easement Area by September 30,2024.The
Parties acknowledge unforeseen events may occur that may delay or extend the Project.Nothing contained
herein shall prohibit the City from completmg the Project after September 30,2024.
4. Work Hours. CITY shall limit hours of construction between the hours of 7:00 a.m. and
6:00 p.m. on weekdays and between 8:00 a.m. and 4:00 p.m. on Saturdays. The CITY further agrees that
no work shall be conducted in the Easement Area on the eleven calendar dates that are designated by the
U.S.government as holidays.
5. Maintenance.At all times,the CITY shall maintain and use the Easement Areas in such a
way that the same shall not unreasonably interfere with the normal and customary use of the Property by
51 HYPOLUXO. In that regard,the CITY,at the CITY's expense,shall maintain the Easement Areas in a
clean,orderly and reasonably attractive manner.The CITY acknowledges and agrees that 51 HYPOLUXO
shall not be responsible for any costs or liabilities related to the operation,upkeep, or maintenance of the
Easement Area.
6. Remedies and Enforcement.
(a)In the event of a breach or threatened breach by the CITY or its successors or assigns of any of
the terms, covenants,restrictions or conditions hereof, 51 HYPOLUXO shall be entitled forthwith to full
and adequate relief by injunction and/or all such other available legal and equitable remedies from the
consequences of such breach,including payment of any amounts due and/or specific performance.
(b) Each right and remedy of 51 HYPOLUXO herein shall be cumulative and shall be in
addition to every other right or remedy provided for in this Easement Agreement, or now or hereafter
existing at law or in equity or by statute or otherwise,and the exercise or beginning of the exercise by the
CITY of any one or more of the rights or remedies provided for in this Agreement, or now or hereafter
existing at law or in equity or by statute of otherwise, shall not preclude the simultaneous or later exercise
by51 HYPOLUXO of any or all other rights or remedies provided for in this Agreement or now or hereafter
existing at law or in equity or by statute or otherwise
(c) In the event that the CITY fails to perform and satisfy its maintenance obligations
(including restoration work)pursuant to this Agreement,51 HYPOLUXO shall give CITY prompt written
notice setting forth such failure in reasonable detail ("Default Notice"), and CITY must, within three(3)
business days after receiving such notice respond to 51 HYPOLUXO,conduct an on-site assessment, and
within fifteen (15) days after the assessment, provide a preliminary analysis from the CITY Engineer or
CITY's Utility Director identifying the work required to remedy the maintenance failure.Within thirty(30)
days after the CITY's receipt of the Default Notice ("Cure Period"), CITY shall comply with this
Agreement, and perform any obligation or duty CITY determines is necessary to satisfy its maintenance
obligations. Failure to comply with this Agreement or fulfill its obligation or duty within such thirty(30)
business day period shall constitute a default by CITY under this Agreement; provided, however, if the
failure is of a nature that it cannot reasonably be cured within such thirty (30) day penod and CITY
commences to cure within such period and diligently prosecutes such cure to completion in good faith,then
the Cure Period shall be extended for such reasonable time as may be required by the CITY in order for the
CITY to be compliant with this Agreement. If such failure shall continue for a period of thirty(30)days
(excluding Emergencies, in which case 51 HYPOLUXO may, but shall not be obligated to,upon no less
than ten (10) days' prior written notice to the CITY (but without advance notice in the event of an
Emergency)and without waiving or releasing the CITY from any obligation of the CITY in this Agreement,
cause the performance of such maintenance and pay any expense associated therewith;provided,however,
2
that 51 HYPOLUXO shall have no right to repair the CITY Project's infrastructure, including, but not
limited to,the wastewater lift station's pumps,piping,motors,or other above ground or underground Utility
systems.An"Emergency"shall be any circumstance or event that(i)results in imminent danger to life or
property;and/or(ii)materially interferes with,prevents,or obstructs 51 HYPOLUXO's use and enjoyment
of the Property.All sums so paid by 51 HYPOLUXO and all reasonable,necessary and incidental costs and
expenses in connection with the performance of any such act reasonably incurred by 51 HYPOLUXO,
together with interest in accordance with Florida's Local Government Prompt Payment Act,Section 218.70,
et seq., Florida Statutes, shall be payable by the CITY, as the case may be, following written demand
therefor (which demand shall be accompanied by reasonably detailed substantiation of such costs and
expenses). In the event the Parties do not agree on the work necessary to satisfy the CITY's maintenance
obligations,the Parties shall,without prejudice to any other rights or entitlements they may have, attempt
to resolve the dispute by agreement using informal dispute resolution techniques, such as negotiation,
mediation, independent expert opinion, or any other alternative dispute resolution technique. The rules
governing any such technique adopted are to be agreed between the Parties.
7. Compliance with Laws. The CITY shall at all times observe all applicable municipal,
county,state,and federal laws,ordinances,codes,statutes,rules and regulations in their use of the Easement
Areas.
8. Attorneys' Fees. Should any Party employ an attorney or attorneys to enforce any of the
provisions hereof,or to protect its interest in any matter arising under this Agreement, the non-prevailing
party in any final judgment agrees to pay the prevailing party all reasonable costs, charges and expenses,
including reasonable attorneys'fees through any appellate proceedings,expended or incurred in connection
therewith.
9. Time is of the Essence. Time is of the essence under this Agreement and applicable to
each and all of its provisions.
10. Further Assurances. Each Party agrees to execute, acknowledge and delver all such
further documents and perform such acts as shall reasonably be requested in order to carry out this
Agreement and give effect thereto.
11. No Third Party Beneficiaries. Nothing in this Agreement shall confer upon the public
generally or upon any entity, other than the parties hereto and their respective successors and permitted
assigns,any rights or remedies under or by reason of this Agreement.
12. No Dedication. Nothing contained in this Agreement shall create or shall be deemed to
create any easements or use rights in the general public or constitute a public dedication.
13. Security of Construction Site. CITY shall utilize industry standards to secure the
construction site for the Project and will do so in a manner to prohibit members of the general public from
accessing the Easement Area.
14. Point of Contact. Upon commencement of the Project, CITY shall provide 51
HYPOLUXO a dedicated point of contact to address any issues related to the subject of this Agreement.
15. Future Development of the Property. Nothing contained herein or due to the
configuration of the Project shall limit or impact the application of the Land Development Regulations of
the Code of Ordinances for the City of Boynton Beach as it relates to the Property.
3
16. Assignment. This Agreement shall be binding on the Parties, their respective heirs,
successors,legal representatives,and permitted assigns and shall be recorded in the Public Records of Palm
Beach County and shall run with the land. Upon conveyance of the Property to any future owner, this
Agreement shall be deemed automatically assigned by 51 HYPOLUXO to any such future owner of the
Property,and such future owner shall be deemed to have assumed all the obligations of 51 HYPOLUXO
hereunder. This Agreement may not otherwise be assigned or transferred by 51 HYPOLUXO, in whole or
part,without the written consent of CITY.This Agreement may not be assigned or transferred by CITY,in
whole or part,without the written consent of 51 HYPOLUXO.
17. Approval or Nullification.The Parties agree that this Agreement will not be complete and
operative unless and until it has been approved and adopted by the City Commission.
18. Independent Counsel: The Parties represent that they have thoroughly read and
understand this Agreement, and all attachments hereto, and have consulted with counsel or had the
opportunity to consult with counsel,and being fully advised of the terms hereof,agree to comply with and
be bound by the terms herein.
19. Each Side to Bear Fees and Costs. The Parties agree that each side shall bear their own
fees and costs (excluding attorney's fees as set forth in Paragraph 8 above) for any and all issues and
disputes identified herein.
20. Entire Agreement: This Agreement contains the entire agreement and understanding of
the Parties and replaces all prior negotiations,proposed agreements and understandings,whether written or
oral,relating to or arising out of this Agreement.This Agreement may not be altered,amended or modified
except upon the written consent of all Parties.
21. Execution in Counterparts. This Agreement may be executed in counterparts, all of
which taken together shall be deemed an original,with a facsimile and/or an e-mail signature serving as an
original thereof.
22. Drafting of Agreement:This Agreement has been circulated for editing to all Parties,and
therefore,shall be deemed to have been drafted jointly by all Parties. Accordingly,any rules pertaining to
the construction of contracts to the effect that ambiguities are to be resolved against the drafting party shall
not apply to the interpretation of this Agreement.
23. Severability. If any one or more of the provisions of this Agreement is determined to be
invalid, illegal, or unenforceable in any respect as to one or both of the Parties, all remaining provisions
nevertheless shall remain effective and binding on the Parties,and the validity, legality and enforceability
thereof shall not be affected or impaired thereby.
24. Choice of Law, Venue and Enforcement. This Agreement shall be governed and
construed according to the laws of the State of Florida with venue exclusively in Palm Beach County, in
the Circuit Court of the 15th Judicial Circuit.The language of all parts hereof shall in all cases be construed
as a whole, according to their meaning, and not strictly for or against any of the Parties. If it becomes
necessary for the Parties to seek judicial interpretation or enforcement with respect to this Agreement,the
Agreement shall be submitted to the Court, and the Parties agree that the Court has and shall have
jurisdiction to enforce its terms.
25. Waiver. NO WAIVER OF A BREACH OF ANY OF THESE COVENANTS AND NO
DELAY OR FAILURE TO ENFORCE ANY OF THESE COVENANTS SHALL BE CONSTRUED OR
4
HELD TO BE A WAIVER OF ANY SUCCEEDING OR PRECEDING BREACH OF THE SAME OR
ANY OTHER OF THESE COVENANTS.NO WAIVER OF ANY BREACH HEREUNDER SHALL BE
IMPLIED FROM ANY OMISSION BY 51 HYPOLUXO TO TAKE ANY ACTION ON ACCOUNT OF
SUCH BREACH IF SUCH BREACH PERSISTS OR IS REPEATED, AND NO EXPRESS WAIVER
SHALL AFFECT A BREACH OTHER THAN AS SPECIFIED IN SAID WAIVER.
26. Waiver of Jury Trial. 51 HYPOLUXO AND CITY HEREBY KNOWINGLY,
VOLUNTARILY,AND INTENTIONALLY WANE THE RIGHT ANY MAY HAVE TO A TRIAL
BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF,
UNDER, OR IN CONJUNCTION WITH THIS AGREEMENT AND ANY AGREEMENTS
EXECUTED IN CONJUNCTION HEREWITH OR THEREWITH, OR ANY COURSE OF
CONDUCT, COURSE OF DEALINGS, STATEMENTS (WHETHER VERBAL OR WRITTEN)
OR ACTIONS OF ANY PARTY.
27. Sovereign Immunity.Except to the extent sovereign immunity may be deemed waived by
entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by
CITY nor shall anything included herein be construed as consent by CITY to be sued by third parties in any
matter arising out of this Agreement.
28. This Amended and Restated Easement Agreement shall completely amend, restate, and
supersede that certain Easement granted by 51 HYPOLUXO to CITY dated April 16,2024,and recorded
in Official Records Book 35137,Page 1699 of the public records of Palm Beach County,Florida.
[Remainder of Page Intentionally Left Blank]
5
WITNESSES: G'ANTOR 1
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fitness ignature
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Witness Printed Name Date: 6 I(.0( 2 5-
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Witlness Address i
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Witness Printed Name
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Witness Address , a._
7
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before me,a Notary Public,by means of o physical presence or o online notarization,the f�or� ,ping
instrument was acknowledged this (D day of May, 2025, by .j pr"cht 11 i W ei v a wno o is
personally known to me, or o has produced as
identification.
I ' ,
J of 0,
NOTARY PU: ' I
My Commission Expires:c9p , (j� s.)
:,: '"'i TRACY L.RITAYIK
i,:` �¢f Notary Public•State of;lorica
Commission#HH 488315
' My Comm.Expires Feb 2,2028
8orceC through National Notary Assr,
6
ATT."' : CITY OF BOYNTON BEACH, FLORIDA
I 1I' .1 ✓ By;
0114 ,k� Clerk items c g S +cto.� Mayor
Approved as to Form:
> Z4#?4 %4/77!6 --_.BOYNT�
_F ,. XN%
44 6006,City Attorney ;i .•. 511POR %
SEAL .
, lNcop ,A :i 1i
i� • °RATED:
..� : 1920 .: s
• ,
tt% F•......••'• 1
`\\.ZORIDA _ "
..
7
Exhibit"A"
A parcel of land lying and being in Section 10, Township 45 South,Range 43 East, Palm Beach County,
Florida,more particularly described as follows,to wit:
Beginning at a point in the North line of Section 10,50.06 feet West of the centerline of Florida East Coast
Railroad;thence Southerly along the West right-of-way line of said Florida East Coast Railroad for 64.94
feet to a concrete monument and the Point of Beginning of this tract; thence continue Southerly along the
said West right-of-way line of the F.E.C.Railroad for 742.16 feet to a concrete monument;thence Westerly
on a line making an angle of 89°31'20" measured from the North to West, for 209.48 feet to a concrete
monument;thence Northerly on a line making an angle of 90°39'35"measured from East to North 734.24
feet to a concrete monument in the South right-of-way line of Hypoluxo Road; thence Easterly along said
South right-of-way line of Hypoluxo Road for 212.21 feet to the Point of Beginning of this tract;said lands
situate,lying and being in Palm Beach County,Florida;and
8
Exhibit"B"
EASEMENT AREA LIFT STATION
9
SKETCH OF DESCRIPTION I
THIS IS NOT A SURVEY
NOT VALID WITHOUT ACCOMPANYING SHEET 2 HYPOLUXO RD
NOTES: 1 SITE
1. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY Er
o
i
ENGENUITY GROUP, INC. = o Q
U O O
2. THIS SKETCH IS BASED ON INFORMATION FURNISHED BY CLIENT OR 'cc,'
CLIENT'S REPRESENTATIVE. W O W
3. THIS SKETCH IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND
RAISED SEAL, OR DIGITAL SIGNATURE, OF A FLORIDA LICENSED
SURVEYOR AND MAPPER. MINER RD
4. BEARINGS SHOWN HEREON ARE BASED ON A GRID BEARING OF
SO1'34'16"W, ALONG THE WESTERLY LINE OF THE TRACT OF LAND AS
DESCRIBED IN THE OFFICIAL RECORD BOOK 32062, PAGE 1928 ' TOWN OF HYPOLUXO, FLORIDA
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND ALL LOCATION MAP
OTHER BEARINGS ARE RELATIVE THERETO. N.T.S.
5. DISTANCES SHOWN HEREON ARE GROUND DISTANCES EXPRESSED IN
U.S. FEET AND DECIMAL PARTS THEREOF.
LEGAL DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF THE TRACT OF LAND AS DESCRIBED IN THE OFFICIAL RECORD BOOK
32062, PAGE 1928 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT; THENCE ALONG THE SOUTHERLY RIGHT—OF—WAY LINE
OF HYPOLUXO ROAD AS RECORDED IN THE PALM BEACH COUNTY ENGINEERING DEPARTMENT DRAWING NUMBER
3-76-348 SHEETS 6 AND 7; S89'41'53"E A DISTANCE OF 37.42 FEET; THENCE LEAVING SAID SOUTHERLY
RIGHT—OF—WAY LINE S02'22'12"W A DISTANCE OF 19.13 FEET TO THE POINT OF BEGINNING.
THENCE CONTINUE SO2'22'12"W A DISTANCE OF 30.00 FEET; THENCE S87'37'48"E A DISTANCE OF 30.00 FEET;
THENCE NO2'22'12"E A DISTANCE OF 30.00 FEET; THENCE N87'37'48"W A DISTANCE OF 30.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 900 SQUARE FEET MORE OR LESS.
LEGEND
CL CENTERLINE Digitally signed by Jennifer
POB POINT OF BEGINNING Jennifer Malin DateMalin:2024.09.0512:18:59
PG PAGE 04'0O'
JENNIFER C. MALIN, P.S.M.
ORB OFFICIAL RECORD BOOK PROFESSIONAL SURVEYOR AND MAPPER
PCN PARCEL CONTROL NUMBER STATE OF FLORIDA LICENSE NO.6667
PBC PALM BEACH COUNTY STATE OF FLORIDA LB#6603
/FOR' LIFT STATION SITE - ALONG EAST COAST AVE
TOWN OF HYPOLUXO, FLORIDA
SCALE' • /FIELD BOOK fm SHEET!
N/A •engenuity A Higher Standard of Excellence ■DRAWN BY' MWCHECKED BYI group ENGINEERS•SURVEYORS•GIS MAPPERS g oup Inc. JOB N)
DATE! 8-22-2024 1280 CONGRESS AVENUE,SUITE 101,NEST PALM BEACH,FLORIDA 33409 FLORIDA R.L.S. 23051.01
• PH(561)655-1151•FAX(561)832-9390•Nriw.ENGENUITYGROUP.COM �#
Y:\Land Projects R2\23051.01 Town of Hypoluxo Septic to Sewer\dwg\23051_01 lift station north.dwg 1/26/2024 8:27:33 AM EST
SKETCH OF DESCRIPTION __
THIS IS NOT A SURVEY —_
NOT VALID WITHOUT ACCOMPANYING SHEET 1 -
GRAPHIC SCALE
0 20' 30' 40'
SCALE: 1"=20'
HYPOLUXO ROAD
— - - - - - - VARYING WID IH RIGHT-Or TRAY– - - -
PBC ENGINEERING DEPT DRANANG NO.
3-76-348 SHEETS 6 do 7
POINT OF COMMENCEMENT
NORTHWEST CORNER OF
ISUBJECT PROPERTY
RECORDED IN ORB 32062, PAGE 1928
S89'41'53"E 37.42'
3 SOUTHERLY RIGHT-OF-WAY UNE
Z.3. cel _
z ^ PO
CC (N '—
FN ai
W
N
POINT OF BEGINNING "' N87.37'48`W 30.00'
Ut
m EAST COAST AVE $ S
7.5' LESSED OUT OF o 0
DESCRIPTION IN r7 re)
3 ORB 32439 PG 336
JV INVESTMENTS FL LLC low FOR ROAD I EASEMENT AN SQUARE FEET '1,,12525 HYPOLUXO ROAD a
O.R.B. 32439, PAGE 336 !'l 0
PCN: 26-43-45-10-00-000-3020 To 0- NI
U
'
N S87'37'48NE 30.00'
1
0
PROPOSED INGRESS
r EGRESS EASEMENT 51 HYPOLUXO LLC
-j 51 HYPOLUXO ROAD
PCN:026-43-45-10-00-000-3040B32062,
2E
I
'FOR' LIFT STATION SITE - ALONG EAST COAST AVE
TOWN OF HYPOLUXO, FLORIDA ,
SCALE' 1"=20' \ J L A Higher Standard of Excellence ■ AFIELD BOOK Im SHEET!
DRAWN BY! MW �oJ -en enui 2/2
CHECKED BYI �I� �y��
JCM ENGINEERS•SURVEYORS•GIS MAPPERS group Inc. JOB 10
DATE' 8-22_2024 1280 CONGRESS AVENUE,SUITE 101,NEST PAIN BEACH.FLORIDA 33409 FLORIDA R.L.S. 23051.01
PH(561)655-1151•FAx(561)832-9390•WAR ENGENLITYG90UP.CON J`# i
Y:\Land Projects R2\23051.01 Town of Hypoluxo Septic to Sewer\dwg\23051_01 Ilft station north.dwg 1/26/2024 8:27:33 AM EST
Exhibit"C"
INGRESS-EGRESS EASEMENT AREA
10
SKETCH OF DESCRIPTION
THIS IS NOT A SURVEY
NOT VALID WITHOUT ACCOMPANYING SHEET 2 HYPOLUXO RD
NOTES: cy, ITE
1. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY
1 ; 13 ENGENUITY GROUP, INC. Er U U2. THIS SKETCH IS BASED ON INFORMATION FURNISHED BY CLIENT OR
CLIENT'S REPRESENTATIVE. w W
3. THIS SKETCH IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND
RAISED SEAL, OR DIGITAL SIGNATURE, OF A FLORIDA LICENSED
SURVEYOR AND MAPPER. MINER RD
4. BEARINGS SHOWN HEREON ARE BASED ON A GRID BEARING OF
SO1'34'16"W, ALONG THE WESTERLY LINE OF THE TRACT OF LAND AS
DESCRIBED IN THE OFFICIAL RECORD BOOK 32062, PAGE 1928 ` TOWN OF HYPOLUXO, FLORIDA
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND ALL LOCATION MAP
OTHER BEARINGS ARE RELATIVE THERETO. N.T.S.
5. DISTANCES SHOWN HEREON ARE GROUND DISTANCES EXPRESSED IN
U.S. FEET AND DECIMAL PARTS THEREOF.
LEGAL DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF THE TRACT OF LAND AS DESCRIBED IN THE OFFICIAL RECORD BOOK
32062, PAGE 1928 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT; THENCE ALONG THE WESTERLY PROPERTY LINE OF SAID
TRACT; SO1'34'16"W A DISTANCE OF 42.25 FEET; THENCE LEAVING SAID WESTERLY PROPERTY LINE; S8810'10"E A
DISTANCE OF 36.75 FEET; THENCE NO1'49'50"E A DISTANCE OF 25.00 FEET; THENCE N8810'10"W A DISTANCE OF
11.86 FEET; THENCE NO1'34'16"E A DISTANCE OF 17.92 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
LINE OF HYPOLUXO ROAD AS RECORDED IN THE PALM BEACH COUNTY ENGINEERING DEPARTMENT DRAWING
NUMBER 3-76-348 SHEETS 6 AND 7; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE; N89'41'53"W A
DISTANCE OF 25.01 FEET; TO THE POINT OF BEGINNING.
CONTAINING 1359 SQUARE FEET MORE OR LESS.
Digitally signed by Jennifer
Jennifer Malin "'a
Da t e:2024.09.05 12:18:43
-04'00'
JENNIFER C. MALIN, P.S.M.
PROFESSIONAL SURVEYOR AND MAPPER
STATE OF FLORIDA LICENSE NO.6667
STATE OF FLORIDA LB#6603
"FOR, INGRESS EGRESS EASEMENT - ALONG EAST COAST AVE
TOWN OF HYPOLUXO, FLORIDA
"SCALE, /FIELDN/A A Higher Standardg of Excellence ■ BOOK SHEET,
DRAWN BY, MW \O� �� enui
CHECKED BY
2
JCM ENGINEERS•SURVEYORS•GIS MAPPERS group Inc. JOB ra
DATE, 1-26-2024 '280 CONGRESS AVENUE,SUITE 101,'REST PAIN BEACH,FLORIDA 33409 FLORIDA R.L.S. 23051.01
• J PH(561)653-1151•FAX(561)832-9390•WWA.ENGENUITYGROUP CON �#
Y:\Land Projects R2\23051.01 Town of Hypoluxo Septic to Sewer\dwg\23051_01 lift station north ingress egress.dwg 1/26/2024 8:29:14 AM EST
SKETCH OF DESCRIPTION
(IN)
THIS IS NOT A SURVEY
NOT VALID WITHOUT ACCOMPANYING SHEET 1
GRAPHIC SCALE
0 20' 30' 40'
SCALE: 1"=20'
_ _ _ _ _ - HYPOLUXO ROAD� -
VARYIFTG-WIDTH RIGHT-Or-WAY - - - - - —
PBC ENGINEERING DEPT DRAWING NO.
3-76-348 SHEETS 6 do 7
POINT OF BEGINNING
NORTHWEST CORNER OF
SUBJECT PROPERTY
RECORDED IN OFFICIAL RECORD BOOK 32062, PAGE 1928
N89.41'53*W 25.01' SOUTHERLY RIGHT-OF-WAY UNE
w
a Co .
N a A ^ PROPOSED UFT STATION
EASEMENT 7
cV L,
O
m Z N8810) eW
N 11.86
JV INVESTMENTS FL LLC co g
125 HYPOLUXO ROAD
NOPNRECORD
CDBOK , 036 AREA=1359
CL ORO003O30o L.
SQUARE FEET �
D-
ch
E 2
W S88'1010 E 36.75 _ _ J
EAST COAST AVE 651 HYPOLUXO LLC
7.5' LESSED OUT OF N 51 HYPOLUXO ROAD
DESCRIPTION IN
ORB 32439 PG 336 an BOOK 32062,RECORDGE 1928
FOR ROAD CASEMENT PCN: 26-43-45-10-00-000-3040
1
CFDR, INGRESS EGRESS EASEMENT - ALONG EAST COAST AVE 1
TOWN OF HYPOLUXO, FLORIDA ,
SCALE, "=20' 1 �• engenuity
A Higher Standard of Excellence ■ AFIELD BOOK hi. SHEET,
1
DRAWN BY, MW CHECKEDBY, JCM ENGINEERS•SURVEYORS•GS MAPPERSinc. JOB
DATE, 1-26-2024 1280 CONGRESS AWRRJE,SUITE 101,%EST PALM BEACH,FLORIDA 33409 FLORIDA R.L.S. 23051.01
J PH(561)655-1151•FAX(561)832-9390•WWW.ENGENUITYGROUP COV ‘# '
Y:\Land ProJecte R2\23051.01 Town of Hypoluxo Septic to Sewer\dwg\23051_01 lift station north Ingress egress.dwg 1/26/2024 8:29:14 AM EST
Exhibit"D"
EASEMENT AREA FOR UNDERGROUND INFRASTRUCTURE
11
SKETCH OF DESCRIPTION
THIS IS NOT A SURVEY
NOT VALID WITHOUT ACCOMPANYING SHEETS 2-5 HYPOLUXO RD
NOTES:
1. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY
ENGENUITY GROUP, INC. o
U Y U
2. THIS SKETCH IS BASED ON INFORMATION FURNISHED BY CLIENT OR Lt 0 E
CLIENT'S REPRESENTATIVE. W W
cD
3. THIS SKETCH IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND
RAISED SEAL, OR DIGITAL SIGNATURE, OF A FLORIDA LICENSED
SURVEYOR AND MAPPER. MINE' RD
4. BEARINGS SHOWN HEREON ARE BASED ON A GRID BEARING OF
S01'34'16°W, ALONG THE WESTERLY LINE OF THE TRACT OF LAND AS TOWN OF HYPOLUXO, FLORIDA
DESCRIBED IN THE OFFICIAL RECORDS BOOK 32062, PAGE 1928
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND ALL LOCATION MAP
OTHER BEARINGS ARE RELATIVE THERETO. N.T.S.
5. DISTANCES SHOWN HEREON ARE GROUND DISTANCES EXPRESSED IN
U.S. FEET AND DECIMAL PARTS THEREOF.
LEGEND
CL CENTERLINE
POB POINT OF BEGINNING
POT POINT OF TERMINUS
PG PAGE
ORB OFFICIAL RECORDS BOOK
PCN PARCEL CONTROL NUMBER
PBC PALM BEACH COUNTY
JENNIFER C. MALIN, P.S.M.
PROFESSIONAL SURVEYOR AND MAPPER
STATE OF FLORIDA LICENSE NO.6667
STATE OF FLORIDA LB#6603
FOR UTILITY EASEMENT - ALONG EAST COAST AVE
TOWN OF HYPOLUXO, FLORIDA
t SCALE: /N/A �� A Higher Standard of Excellenceo FIELD BOOK Im SHEETDRAWN BYI MW 4yengenuity CHECKED BYI /� 5JCM ENGINEERS•SURVEYORS•GISMAPPERS groupInc. JOB ra
DATE' 8-22-2024 1280 CONGRESS AVENUE,SUITE 101,NEST PALM BEACH,FLORIDA 33409 FLORIDA R.L.S. 23051.01
• PH(561)655-1151•FAX(561)832-9390•MAY ENGENUITYGRWP.COM `4t
Y:\Land Projects R2\23051.01 Town of Hypoluxo Septic to Sewer\dwg\23051_01 lift station north utllty.dwg 1/26/2024 5:21:29 AM EST
SKETCH OF DESCRIPTION
THIS IS NOT A SURVEY
NOT VALID WITHOUT ACCOMPANYING SHEETS 1 & 3-5
LEGAL DESCRIPTION
A STRIP OF LAND BEING 10.00 FEET WIDE AND BEING A PORTION OF THE TRACT OF LAND AS DESCRIBED IN THE
ORB 32062, PAGE 1928 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING 5.00 FEET ON
BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINES:
COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT; THENCE SOUTHERLY ALONG THE WESTERLY PROPERTY
LINE OF SAID TRACT; S01'34'16"W A DISTANCE OF 49.79 FEET; THENCE LEAVING SAID WESTERLY PROPERTY LINE;
S88'20'28"E A DISTANCE OF 13.96 FEET TO THE POINT OF BEGINNING OF CENTERLINE 1.
THENCE SO1'34'16"W A DISTANCE OF 203.88 FEET TO AUXILIARY POINT "A"; THENCE CONTINUE SO1'34'16"W
A DISTANCE OF 5.66 FEET TO AUXILIARY POINT "B"; THENCE CONTINUE SO1'34'16"W A DISTANCE OF 159.27 FEET
TO AUXILIARY POINT "C"; THENCE CONTINUE SO1'34'16"W A DISTANCE OF 2.78 FEET TO AUXILIARY POINT "D";
THENCE CONTINUE SO1'34'16"W A DISTANCE OF 224.59 FEET; THENCE N87'51'11"W A DISTANCE OF 20.14 FEET TO
THE POINT OF TERMINUS OF CENTERLINE 1.
CENTERUNE 2:
BEGINNING AT AUXILIARY POINT "A"; THENCE N87'51'11"W A DISTANCE OF 19.56 FEET TO THE POINT OF TERMINUS
OF CENTERLINE 2.
CENTERLINE 3:
BEGINNING AT AUXILIARY POINT "B"; THENCE S88'23'12"E A DISTANCE OF 14.66 FEET TO THE POINT OF TERMINUS
OF CENTERLINE 3.
CENTERLINE 4:
BEGINNING AT AUXILIARY POINT "C"; THENCE S88'23'12"E A DISTANCE OF 14.66 FEET TO THE POINT OF TERMINUS
OF CENTERLINE 4.
CENTERLINE 5:
BEGINNING AT AUXILIARY POINT "D"; THENCE N87'51'11"W A DISTANCE OF 21.46 FEET TO THE POINT OF TERMINUS
OF CENTERLINE 5.
CONTAINING 6,732 SQUARE FEET (0.155 ACRES) MORE OR LESS.
Digitally signed by Jennifer
Jennifer Malin Date:
Date:2024.09.05 12:18:19
-04'00'
JENNIFER C. MALIN, P.S.M.
PROFESSIONAL SURVEYOR AND MAPPER
STATE OF FLORIDA LICENSE NO.6667
STATE OF FLORIDA LB/16603
'FOR' UTILITY EASEMENT - ALONG EAST COAST AVE 1
\ TOWN OF HYPOLUXO, FLORIDA
SCALE N/A 1 .J A Higher Standard of Excellence it
AFIELD BOOK Im SHEETI —�DRAWN BYI MW �O/ enu /�� g5
CHECKED BY �y inc.'
JCM ENGINEERS•SURVEYORS•GIS MAPPERS group II c. JOB Pp
DATE' 8-22-2024 1280 CONGRESS AVENUE,SUITE 101,NEST PALM BEACH,FLORIDA 33409 FLORIDA R.L.S. 23051.01
l PH(561)655-1151•FAX(561)832-9390•WNW.ENGENUITYCROUP.COM 0 /
Y:\Land Projects R2\23051,01 Town of Hypoluxo Septic to Sewer\dwg\23051_01 lift station north utllty.dwg 1/26/2024 6:21:29 AM EST
SKETCH OF DESCRIPTION _ =_
THIS IS NOT A SURVEY —=
NOT VALID WITHOUT ACCOMPANYING SHEETS 1, 2, 4, 5
GRAPHIC SCALE
0 40' 60' 80'
VARYING 'MOTH RIGHT-OF-WAY —
PBC ENGINEERING DEPT
POINT SFS I ENC�p E I(��FI DRAWSHEETSNG 6 3-76-348 SCALE:1"=40'
RECORDED IN ORB S32062TPA`GE 1928
SOUTHERLY RIGHT-OF-WAY UNE
��(BASIS OF BEARING)
3
r7rn
N S88'20'28'E PROPOSED UFT
96' STATION EASEMENT
EAST COAST AVE7.5' LESSED OUT OF r-‘13.
DESCRIPTION IN PROPOSED INGRESS
FOR
ORB
CASEMENT 3439 PG 3EGRESS EASEMENT
POB CL1
ce 51 HYPOLUXO LLC
JV INVESTMENTS FL LLC w 51 HYPOLUXO ROAD
125 HYPOLUXO ROAD o ORB
ORB 32439, PAGE 336 a 32062 PAGE 1928
PCN: 26-43-45-10-00-000-3020 PCN: 26-43-46-10-00-000-3040
U
m
LD
N
0
O
J
>-
J
--..AREA=6,732QUARE FEET
(0.155 ACRES)
r----110'
1~5
-, 1-5'
j�50134'16-W
1 203.88
- -1- --�--`-
MATCHLINE TO SHEET 4
'FOR' UTILITY EASEMENT - ALONG EAST COAST AVE
TOWN OF HYPOLUXO, FLORIDA
CSCALEI
1"=40' Jp>engenuity
A Higher Standard of Excellence ■ AFIELD BOOK Im SHEETIDRAWN BY' MW /
CHECKED BY' Inc.CM ENGINEERS•SURVEYORS•GIS MAPPERS group
�l Vro Up (�lJJOB 1*
DATE' 8-22-2024 1280 CONGRESS AVENUE,SUITE 101,NEST PALM BEACH,FLORIDA 33409 FLORIDA R.L.S. 23051.01
PH(561)605-1151•FAX(361)832-9390•WAY ENGENUITYGROUP C04 `#
Y:\Land Projects R2\23051.01 Town of Hypoluxo Septic to Sewer\dwg\23051_01 lift station north utillty.dwg 1/26/2024 8:21:29 AM EST
SKETCH OF' DESCRIPTION —_
THIS IS NOT A SURVEY
NOT VALID WITHOUT ACCOMPANYING SHEETS 1-3, & 5 =�—
MATCHLINE TO SHEET 3 -
S0114'16"W I GRAPHIC SCALE
203.88' I POB CL2 0 40' 60' 80'
JV INVESTMENTS FL LLC N87'51'11"WI I I POINT:Ay
125 HYPOLUXO ROAD 19.56 I I
ORB 32439, PAGE 336 I SQ1' '16"W
PCN: 26-43-45-10-00-000-3020 POT CL2- i ' 5.66 SCALE: 1"=40'
1 1 h-\___I
LS88'23'12"E 14.66'
1306 CL3
AuxluigRX
POIN B 51 HYPOLUXO LLC
51 HYPOLUXO ROAD
ORB 32062, PAGE 1928
a PCN: 26-43-45-10-00-000-3040
0
I AREA=6,732 SQUARE FEET
w (0.155 ACRES)
cn
CON
JEFF INDUSTRIES o
111 EAST COAST AVENUE
ORB 12076, PAGE 444 z
PCN: 26-43-45-10-00-000-3031 -' —159.27'
Ho'
W J-
EI`5
H �5'
EAST COAST AVE I POB CL4
7.5' LESSED OUT OF I AUXILIAJ
ORB D2SC6IPTI 44N— -1 I POINT cst
PFOR ROAD CASEMENT I " ,
S88'2312 E 14.66
POT CL5 _i LA
--POT CL4
L- S01' 4'16-W
2.78
N87'51'11"W I \LPOB CL5
21.46' AUXIU I POINT�D�
I
SO1'3 16 'W
I--- ----1- ---
MATCHLINE TO SHEET 5
cFOR' UTILITY EASEMENT - ALONG EAST COAST AVE
TOWN OF HYPOLUXO, FLORIDA
CSCALEI 1"=40' J` I/ A Higher Standard of Excellence ix
AFIELD BOOK l' SHEET! 1
DRAWN BYI MW \O/ en enui
�\/� g5
CHECKED BY: group inc•
JCM ENGINEERS•SURVEYORS•GIS MAPPERS JOB
DATE! 8-22-2024 .780 CONGRESS AVENUE,SUITE 101,NEST PALM BEACH,FLORIDA 35409 FLORIDA R.L.S. 23051.01
l PH(561)655-1151•FAX(561)&32-9390•NNW.ENGENUITYGROUP.COM ‘# /
Y:\Land Projects R2\23051.01 Town of Hypoluxo Septic to Sewer\dwg\23051_01 Ilft station north utfllty.dwg 1/26/2024 8:21:29 AM EST
SKETCH OF DESCRIPTION _ =_
THIS IS NOT A SURVEY —=
NOT VALID WITHOUT ACCOMPANYING SHEETS 1-4
MATCHLINE TO SHEET 4 GRAPHIC SCALE
0 40' 60' 80'
''' S0r34'16"W
224.59'
SCALE:1"=40'
JEFF INDUSTRIES
111 EAST COAST AVENUE w
ORB 12076, PAGE 444
PCN: 26-43-45-10-00-000-3031
— AREA=6,732 SQUARE FEET
(0.155 ACRES)
N
C
L
O
51 HYPOLUXO LLC
51 N ORB 320602,UPAGE 1928
PCN: 26-43-45-10-00-000-3040
I~5
H
POT CL1 I
L —
EC WAREHOUSE LLC _N87'51'11"W
123 EAST COAST AVENUE 20.14'
ORB 23296, PAGE 1674
PCN: 26-43-45-10-00-000-3030 EAST COAST AVE
7.5' LESSED OUT OF
DESCRIPTION IN
ORB 23296 PG 1674
FOR ROAD CASEMENT
EAST COAST AVE
7.5' WIDE ROAD EASEMENT
ORB 530, PG 555
SOUTHERLY LINE OF SUBJECT PROPERTY
PALM BEACH COUNTY
ORB 11533, PAGE 571
PCN: 26-43-45-10-00-000-3011
FOR, UTILITY EASEMENT - ALONG EAST COAST AVE
TOWN OF HYPOLUXO, FLORIDA
'SCALE, 1 � FIELD BOOK PO SHEET'
1"=40' J/` 1` A Higher Standardof Excellence ■ 5
DRAWN BY, MW JJJJ` yenen u i
CHECKED BY, \�r
JCM ENGINEERS•SURVEYORS•GIS MAPPERS group oup inc. JOB Pp
DATE, 8-22-2024 1260 CONGRESS AVENUE,SUITE 101,NEST PALM BEACH,FLORIDA 33409 FLORIDA R.L.S. 23051.01
PH(561)655-1151•FAX(561)832-9390•WNW.ENGENUITYGROUP.COM �#
Y:\Land Projects R2\23051.01 Town of Hypoluxo Septic to Sewer\dwg\23051_01 lift station north utlllty.dwg 1/26/2024 8:21:29 AM EST
Exhibit"E"
AMENDED AND RESTATED EASEMENT
THIS INDENTURE made this day of ,A.D., ,by 51 HYPOLUXO
LLC,a Florida limited liability company and having its principal place of business at 51 HYPOLUXO RD
HYPOLUXO, FL 33462, "first party", to the CITY OF BOYNTON BEACH, a Florida municipal
corporation,"second party":
(Wherever used herein,the terms,"first party"and"second party"shall include singular and plural,heirs,
legal representatives and assigns of individuals and the successors and assigns of corporations,wherever
the context so admits or requires)
WITNESSETH
WHEREAS,the first party is the owner of property situate in Palm Beach County,Florida,and
described as follows:
See Exhibit"A"attached hereto and incorporated herein
and,
WHEREAS, the second party desires an easement for water and sewer utilities and/or other
appropriate purposes incidental thereto,on,over and across said Property as described in as follows:
See Exhibits"B,""C,"and"D"attached hereto and incorporated herein
and,
WHEREAS, the first party is willing to grant such an easement, and
WHEREAS,this Amended and Restated Easement shall completely amend,restate,and supersede
that certain Easement granted by 51 HYPOLUXO to CITY dated April 16,2024,and recorded in Official
Records Book 35137, Page 1699 of the public records of Palm Beach County,Florida.
NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running
and one dollar and other good and valuable considerations,the first party does hereby grant unto the party
of the second part,its successors and assigns,full and free right and authority to construct,maintain,repair,
install and rebuild facilities for above stated purposes and does hereby grant a perpetual easement,on over
and across the above described property for said purposes.
(Signatures on following page)
12
IN WITNESS WHEREOF,the first party has caused these presents to be duly executed in its name and its
corporate seal to be hereto affixed, attested by its proper officers thereunto duly authorized, the day and
year first above written.
Signed, sealed and delivered
In the presence of:
,304 Si natu
JáJ /L .
E . ,�S� � B r . Lia
.
P� rint N�me President
A ' ST:
Signature6./(A. (04°1-
Secretary
ty.br 6ua
Print Name
(CORPORATE SEAL)
STATE OF r I O VA c^.
COUNTY OF Pa l Zvi 19x0-01
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County
aforesaid to take acknowledgments, by means of Zphysical presence or 0 online notarization
Personally appeared aOret et✓l✓1 UJ el✓19C '�'
x r112-✓
vv well known to me to be
President and , respectively, of the Corporation named as first party in
the foregoing Easement and that they severally acknowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily,under authority duly vested in them by said Corporation, and
that the seal affixed thereto is the true Corporate seal of said Corporation.
WITNESS my hand and official seal in the Country and State last aforesaid this CO day
of A.D., 2036-.
/
Notary Public in and for
State and County aforesaid.
My commission expires: a�la ,D_Ua`yg
TRL.No vu
,•'. g_ tery bHcACY•StateRITAYH(of FlorfGa
13
CtsN5
a o. . My Comm.Expires Feb 2,a883t 2028
bonded throughommNatiosionnalN Notary Assr. ;