R08-096
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RESOLUTION R08-0Q"
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING EXECUTION OF A
SUBORDINATION OF ENCUMBRANCE TO
PROPERTY RIGHTS OF COUNTY OF PALM
BEACH, FLORIDA; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach was granted a 20-foot by 20-foot
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easement over an existing City storm water pipe that connects to the County's drainage
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system; and
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WHEREAS, the County has requested subordination of this easement so as to
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avoid future liability for relocation costs, and eliminate the need for tracking this minimal
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easement.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
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IOF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
I Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
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as being true and correct and are hereby made a specific part of this Resolution upon
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adoption hereof.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does
23 ereby authorize and approve execution of a Subordination of Encumbrance to Property
24 Rights of County of Palm Beach, Florida, a copy of which Subordination is attached
25 ereto as Exhibit "A".
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Section 3.
This Resolution will become effective immediately upon passage.
:\CA\RESO\Agreements\Subordination of Easement - Old Boynton Road.doc
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PASSED AND ADOPTED this a. day of September, 2008.
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20 ATTEST:
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CITY OF BOYNTON BEACH, FLORIDA
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ommissioner - Marlene Ross
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.\CA\RESO\Agreements\Subordination of Easement - Old Boynton Road.doc
ReTUAN +0: Office of the City ~er'4 1IIIIIIIImllllllllllll
City of Boynton Be~ch
P. O. Box 310
Boynton B~ach. Florid8 3342t CFN 2008038:3564
OR BK 2291.4 PG 1.8:3'3
Return: RECORDED 10/21/2008 09:59:10
Right-ot-Way Acquisition Section
Name: Palm Beach County Engineering Palm Beach County, Florida
Post Office Box 21229 Sharon R. Bock, CLERK & COftPTROLLER
Address: West Palm Beach, Florida 33416
Attn: Pgs 1839 - 1843; (5pgs)
Accl. No: 1010 W/C BOX 1066
This Instrument Prepared by:
Name: Paul F. King, Assistant County Attorney
Palm Beach County
Address: Post Office Box 21229
West Palm Beach, Florida 33416
A>tCEPTED S"t NOT TO BE RECORDED
BOARD OE COVNr! COMMIS6JON(RI WITHOUT BOARD OF COUNTY
DATE I()/Idj,r COMMISSIONERS ACCEPTANCE DATE
PCN NO. Yl.o ~ - 0., "
SPACE ABOVE THIS LINE FOR PROCESSING DATA
Project No.: ,Q4:l,o/
Project Name: Old Boynton Road
Parcel No.: CJJ!, - a ..,..
SUBORDINATION OF ENCUMBRANCE TO PROPERTY
RIGHTS OF COUNTY OF PALM BEACH, FLORIDA
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Said premises are affected by the following described encumbrance now held by the undersigned: 0 \-~~~
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NATURE OF ENCUMBRANCE: l.."u$~I?\....J- 0 -< C"J
('"') ,) -T'I
DATED: --t
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RECORDED (BOOK/PAGE): 10
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FROM (liigRR9WE~: -0 "_Z
IN FAVOR OF (MORT<iI^Qi WOlBER): C.'ry tJ f &111I.-4..... B Q...J. \,/)-1
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Whereas, it is proposed by the County of Palm Beach (County) to improve a portion of a Old Boynto'i::)
Road in the County, in accordance with survey and construction plans on file in the Office of the Courrt1 ~
Engineer; and, :::c
Whereas, a portion of the lands involved and necessary to said project is subject to an encumbrance held
by the undersigned; and,
Whereas, on behalf of the County, a request has been made for the undersigned to subordinate said
encumbrance to the property rights of the County to locate, construct, maintain and/or improve said
project over, through, under and/or across the following described strip of land, identified in attached
Exhibit "A", being a portion of the encumbered premises in the County; and,
PROVIDED, ALWAYS, NEVERTHELESS, and it is expressly understood and agreed that this instrument
subordinates said encumbrance insofar as same affects the rights and privileges of the County in its use
of the land specifically above described for highway purposes only, and that nothing herein contained
shall in any way alter, affect, impair, minimize or diminish the effect of said encumbrance or the remedies
at law or in equity for recovering thereunder, or against the parties charged thereby, the full amount of all
sums secured by and/or under the same. It is further understood and agreed that in the event said above
described premises are abandoned by the County and cease to be used for highway and maintenance
purposes that in such event the subordination of said encumbrance shall terminate in and to such portion
abandoned and no longer used as aforesaid, and the encumbrance shall become of the same status with
reference to such abandoned portion as if the subordination has never been made.
This subordination agreement shall take effect upon the County's completion of the roadway
improvements scheduled for Old Boynton Road during 2008-09. The County agrees to be responsible for
the repair and replacement of any of the undersigned's utilities which are located within the land
described in Exhibit "A" which are damaged as a result of the County's construction of these roadway
improvements.
Project No.
Project Name: Old Boynton Road
Parcel:
SUBORDINATION OF ENCUMBRANCE
Page 2
(Municipal)
IN WITNESS WHEREOF, THE SAID HOLD~ OF SAID bNCUMBRANCE HAS DULY EXECUTED
THIS INSTRUMENT THIS S DAY OF e-fTe..M er ,200..8-.
Signed, sealed and delivered in the presence of:
(Signature of "two" witnesses required by Florida law)
(...
CITY OF BOYNTON BEACH
'~'N"'\.-~ ~V'\'L.\~~e-
TYPED OR PI\INTE NAME OF
WITNESS
Ic4 ~ (1MJ{i'/-'fl'o
TYPED OR PRINTED NAME OF
WITNESS
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SIGNATURE OF CITY CLERK
JANET PRAINITO, CITY CLERK
100 E. BOYNTON BEACH BLVD.
P.O. BOX 310
BOYNTON BEACH, FL 33425
STATE OF r-/ond ~
COUNTY of..Ihlm &UCtfl
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" CITY ATTORNEY
BEFORE ME, the undersigned authority, personally appeared l2sTeraid TO. '-j/u(
who
.is / are personally known to me ( ) or who has/have produced t..J/ A as
identification and who did/did not take an oath, executed the foregoing instrument as such Officer(s) on
behalf of the said Company for the uses and purposes therein expressed.
WITNESS my hand and official seal thiSq.th day of )pptfmm2oo-K.
NOTARIAL STAMP OR SEAL
Signed: ~! r J I A A, I
Notary Public in p:nd for the <:aoun' and :i)flte aforementjpne,d
~ (H+l e (I n -e l!.-lle ~ 'I. 'l~ lll;)"eJ1lYl (J{ IJ
NOTARY PUBllC.STATE OF FLORIDA
...". Catherine Cherry-Guberman
~ ~Commission #DD792144
.."".......... Expires: MAY 27, 2012
BONDED THRU ATLANTIC BONDING CO.,INe.
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WSP CllnBIIlttln. In&.
SURVEYORS & MAPPERS
19006 1ST STREET S.W., LUTZ, FL 33548
PHONE (813) 909-2420
PROFESSIONAL SURVEYING & MAPPING CERTIFICATE OF AUTHORIZATION:
L.B 7188. STATE OF flORIDA
SKETCH AND DESCRIPTION - CITY OF BOYNTON BEACH
UTILITY EASEMENT TERMINATION - PARCEL 08-07
SECllON 20 TOWNSHIP 45 SOUTH RANGE 43 EAST
LEGEND
P.O.B. = Point of Beginning
P.B.C R. = Palm Beach County Records
P.B. = Plat Book
<t = Centerline
R/W = Right-of-Way
O.R. = Official Record
D = Central Angle
R = Radius
L = Arc Length
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PALM BEACH-MIAMI LAND
AND DEVELOPMENT COMPANY
SUBDIVISION OF SEC710N 29 AND 20
TOWNSHIP 45 SOUTH, RANGE 43 EAST
PLA T BOOK 7, PAGE 20, P.SC.R
LOT 28
OWNER: CHOSEN PEOPLE MINISTRIES, INe.
PARCEL # 08-43-45-20-01-000-0281
O.R. BOOK 21630, PAGE 1432, P.B.C.R.
SCALE: r = 40'
BEARINGS ARE ASSUMED
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215.0'
20' unLITY EASEMENT (WA TER + SEWER)
CITY OF BOYNTON BEACH
(PER O.R. BOOK 12656, PAGE 1809, P.8.C.R.)
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N89.48'57"E
20.01'
SO '.59 '52-E
20,01'
EASEMENT
TERMINA nON AREA
PARCEL 'OB-07'
(400.20 Square Feet :r)
BEARING NOTE
THE BEARINGS SHOWN HEREON ARE ASSUMED AND
ARE REFERENCED TO THE SOUTH LINE OF LOT 28
30' F.P.L. EASEMENT
(PER OR. BOOK 3127, PAGE 114, P.B.CR.)
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SOUTH LINE
LOT 28
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OWNER: 1950 CONGRESS AVENUE, LLC
PARCEL I 08-43-45-20-01-000-0282
OR. BOOK 21596, PAGE 159, P.B.CR.
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NORTH R/W LINE
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OLD BOYNTON ROAD
(PUBLIC R/W - WIDTH VARIES)
(PER P.B. 7, PAGE 20, P.B.CR.)
(PER P.B. 25, PAGE 90, P.B.C.R.)
SHEET 1 OF 2
____ SOUTH R/W LINE
SEAL
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NOT VALID WITHOUT THE
SIGNATURE: "'ND THE
ORIG!NAL RAISE:D SEAL
OF A FLORIDA liCENSED
SURVEYOR AND MAPPER
THIS SKETCH IS NOT A SURVEY
CEAllFICA TE
THIS IS TO CERTIFY THAT THE SKETCH SHOWN HEREON AND THE ATTACHED DESCRIPTION IS ACCURATE AND CORRECT TO THE
BEST OF MY KNOWLEDGE AND BELIEF AND DOES NOT REPRESENT A FIELD SURVEY. I FURTHER CERTIFY THAT THIS SKETCH AND
DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH UNDER RULE 61 G 17-6 OF THE FLORIDA ADMINISTRATIVE CODE
PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. / /<' ./? C'._'- ..
REVISIONS DATE BY /V....)/i(;,~ t..' J - ,,1 f;
PROFESSIONAL SURVEYOR AND
WilLIAM S. PAYNE
DATE OF SKETCH DRAWN BY
02/20/08 WSP
MAPPER #LS 5685, STATE OF FLORIDA
WSP CONSULTANTS, INC., #LB7188
CHECKED BY FILE NAME
WSP PBC-OB7-BB-EASE
"'I CII.611111118, III&.
SURVEYORS & MAPPERS
19006 1ST STREET S.W" LUTZ, FL 33548
PHONE (813) 909-2420
PROFESSIONAL SURVEYING & ~PING CERTIFICATE OF" AUTHORIZATION:
LB 7188. STATE OF" flORIDA
SKETCH AND DESCRIPTION - CITY OF BOYNTON BEACH
UTILITY EASEMENT TERMINATION - PARCEL OB-07
SECTION 20 - TOWNSHIP 45 SOUTH - RANGE 43 EAST
DESCRIPTION
A parcel of land being a portion of Lot 28, PALM BEACH-MIAMI LAND AND DEVELOPMENT
COMPANY SUBDIVISION OF SECT/ON 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST as
recorded in Plat Book 7, Page 20 of the Public Records of Palm Beach County, Florida,
(said parcel also lying within an existing City of Boynton Beach Utility Easement for
Water and Sewer recored in Official Record Book 12656, Page 1809 of the Public
Records of Palm Beach County, Florida) said parcel being more particularly described as
follows:
BEGIN at the Southwest corner of said Lot 28;
THENCE on an assumed bearing of NO 1.59 '52 ''W along the West line of said Lot 28 a
distance of 20.01 feet to a point on a line 20.00 feet North of and parallel with the
South line of said Lot 28;
THENCE NB9.48'57"E along said parallel line a distance of 20.01 feet to a point on a
line 20.00 feet East of and parallel with the West line of said Lot 28;
THENCE S01'59'52"E along said parallel line a distance of 20.01 feet to a point on the
South line of said Lot 2B;
THENCE SBg.48'57''W along said South line a distance of 20.01 feet to the POINT OF
BEGINNING;
Said parcel situate within the City of Boynton Beach, Palm Beach County, Florida,
containing 400.20 square feet, more or less.
REVISIONS
DATE
BY
SHEET 2 OF 2
DATE OF SKETCH I
02/20/08
DRAWN BY
WSP
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CHECKED BY I FILE NAME
WSP PBC-OB7-88-EASE
The City of
Boynton Beach
City Clerk's Office
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
(561) 742-6060
FAX: (561) 742-6090
October 16, 2008
MS. SHARON BOCK
Clerk & Comptroller
Palm Beach County
Recording/ Abstract
P. O. BOX 4177
WEST PALM BEACH, FL 33402
ATTN: MILLIE
RE: ACCOUNT #1031- FIVE (5) PAGES = $44.60
Dear Ms, Bock:
Please record the following five (5) pages as one document.
Easement
Old Boynton Road
If you have any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
c: Pete Mazzella
Central File
PBC Recording File
S:\CC\WP\PBC recording\EASEMENTS\2008\EASEMENT - Old Boynton Road.doc
"An Equal Opportunity/Affirmative ActiOlvADA Employer"
The City of Boynton Beach
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City Clerk's Office
100 E BOYNTON BEACH BL VO
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www,boynton-beach,org
MEMORANDUM
TO: Pete Mazzella
Deputy Director of Utilities
FROM: Janet M. Prainito
City Clerk
DATE: April!?,2008
SUBJECT: R08-096 - Subordination of Encumbrance to property rights of
PBC of an existing easement in conjunction with the widening of
Old Boynton Road
Attached for your information and files is a copy of the Resolution and a copy of the
fully executed agreement mentioned above, I have retained the original for Central File.
Thank you.
&~'m.P~
Attachments (2)
C: Central File
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2008\Pete Mezzella R08-096.doc
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