R08-133
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II11I II 11I1I11I " II " III I '" I III 1111111 IIIIII111111
qlTYOF BOYNTON BEACH RESOLUTION NO. R08- /33 OJ ,",
i CfTY CI C!:'l."S OFF'C'" ::r r-
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2 I $8 DEe f 2 AM !Q:~OLUTION OF THE CITY OF BOYNTON BEACH, o 2
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4 FLORIDA, APPROVING AND AUTHORIZING [n t....;. :
EXECUTION OF A PERPETUAL ACCESS EASEMENT o (::l
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6 AND MAINTENANCE AGREEMENT BETWEEN THE " 0
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7 CITY OF BOYNTON BEACH AND BETHESDA r.... (,j
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8 HEAL THCARE SYSTEM, INC., IN SUPPORT OF THE ::u ii
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9 CITY'S CONSTRUCTION OF THE NEW REGIONAL ~o
10 FORCE MAIN, AND PROVIDING FOR AN EFFECTIVE 07.0
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11 DATE. -:;:-0
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14 WHEREAS, in 2007, the City issued a task order to the Wantman Group for the nef t)
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15 regional force main route selection, detail design, permitting and bidding phases of th~ t~
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16 project; and ~.J:
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17 WHEREAS, the attached agreement with Bethesda Healthcare System, Inc., allows i-~
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18 the City to access the pipeline corridor for the construction of the force main and it's :.~,
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19 components and commits the City to restore the property of Bethesda Healthcare System, Inc., :t::
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20 to it's pre-existing conditions and to maintain the force main and it's components; and o:J
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21 WHEREAS, the City Commission upon recommendation of staff, deems it 0;:1
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22 appropriate to approve and authorize execution by the Mayor and City Clerk of the Perpetual I;;)
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23 Access Easement and Maintenance Agreement between the City of Boynton Beach and ffi
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24 Bethesda Healthcare System, Inc. o:J
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25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 'j:::
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26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: IJ)
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27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 eing true and correct and are hereby made a specific part of this Resolution upon adoption
29 ere of.
:\C A \RESOlAgreementMccess Easement .Bethesda -RFM.doc
II I
1 Section 2. The City Commission of the City of Boynton Beach, Florida does
2 hereby approves and authorizes the Mayor and City Clerk to execute the Perpetual Access
3 Easement and Maintenance Agreement Between the City of Boynton Beach and Bethesda
4 Healthcare System, Inc., in support of the City's construction of the new regional force main,
5 a copy of which is attached hereto as Exhibit "A".
6 Section 3. That this Perpetual Access Easement and Maintenance Agreement will
7 be recorded in the Public Records of Palm Beach County, Florida.
8 Section 4. This Resolution shall become effective immediately upon passage.
9
10 PASSED AND ADOPTED this /f.ti:tiay of November, 2008.
11
12 CITY OF BOYNTON BEACH, FLORIDA
13 -----
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37 Corporate Seal)
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This instrument prepared by:
David N. Tokes, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 E. Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
PERPETUAL ACCESS EASEMENT AND MAINTENANCE AGREEMENT
THIS ACCESS EASEMENT AND MAINTENANCE AGREEMENT made this Uf:J.,
day of nC'AA::~..:(-,yY:.>~, 2008, by and between Bethesda Healthcare System, Inc., a Florida non-
profit corporation ("GRANTOR") whose address is 2815 South Seacrest Boulevard, Boynton
Beach, Palm Beach County, Florida, 33435, and the City of Boynton Beach ("CITY"), a Florida
municipal corporation, its agents, servants, employees, or contractors, whose address is 100 East
Boynton Beach Boulevard, Boynton Beach, Florida 33435-7934;
WIT N E SSE T H:
WHEREAS, the GRANTOR is the owner of certain parcels of real property located
within the City of Boynton Beach, (hereinafter referred to as the "Property"), more particularly
described as follows:
See Legal Descriptions Attached Hereto as Exhibit "A" and Exhibit "B"
WHEREAS, the GRANTOR will grant an Easement to the CITY in order to permit
CITY to install and maintain improvements associated with the City's Regional Force Main
within the parcel described in Exhibit "A", in order to improve sanitary sewer utility services
within the CITY; and
WHEREAS, the GRANTOR will grant a temporary construction easement to the CITY
in order to permit the CITY to construct the improvements associated with the City's Regional
Force Main within the parcel described in Exhibit "8"; and
WHEREAS, the City Commission has authorized the expenditure of funds for the CITY
to install the improvements upon grantor's property; and,
WHEREAS, once installed, the improvements will be maintained by CITY. and, if
necessary, further replaced by the CITY; and,
WHEREAS, the GRANTOR will agree not to construct anything of a permanent nature
within the Easement; and,
WHEREAS, the parties hereto have concluded that the most efficient manner in which to
achieve the purposes and goals set forth above would be through the granting of this Access
Page 1 of 4
Easement to the CITY, together with the right of entry into the Property for the construction and
maintenance of the improvements, and execution of this Perpetual Access Easement and
Maintenance Agreement;
NOW, THEREFORE, in consideration of the mutual promises contained herein and
Ten and no/l 00 ($10.00) Dollars and other good and valuable considerations, the receipt,
sufficiency, and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
1. The aforesaid recitals are true and correct and are incorporated herein.
2. The GRANTOR hereby grants and conveys to the CITY a permanent, perpetual
Easement for the installation and maintenance of improvements associated with the City's
Regional Force Main within the portion of the Property legally described and as depicted on
Exhibit" A" which is attached hereto and incorporated herein by reference. For purposes of this
Agreement, the term maintain may include, at the option of the CITY, the actual installation,
maintenance, repair, replacement, and/or removal, of such parts and/or portions of said
improvements as are deemed to be necessary by the CITY, and in order to serve and promote the
general safety, health and welfare of the citizenry of the CITY.
3. This Easement is a permanent perpetual easement and shall not be changed,
altered or amended except by an instrument in writing executed by GRANTORS and CITY or
their respective successors and assigns.
4. CITY agrees to pay GRANTOR the sum of $2,000.00 in consideration of granting
the easements. Payment shall be made to GRANTOR at the time the executed is provided to
CITY receipt of the executed easements.
5. GRANTOR further agrees to sign any applications and documents for any permits
which the CITY may be required to submit to any local, state, or federal agency in association
with the installation and maintenance of the sanitary sewer lift station and associated
improvements. CITY agrees to pay any and all fees associated with obtaining any permits from
any local, state, or federal agency for the installation of the improvements.
6. In association with the GRANTOR's grant and conveyance of the Easement,
GRANTOR agrees to cooperate with CITY in order to obtain any consents and/or agreements
from any person or corporation which holds a mortgage or other property interest in the Property.
GRANTORS agree to sign any applications, documents, and/or amendments to this Agreement
which are required for the mortgage holder to consent to the GRANTOR's conveyance of this
easement to the CITY. CITY agrees to pay any and all fees associated with obtaining any
consents from any mortgage holders, or other entity with a property interest in the Property.
7. GRANTOR also hereby grants and conveys to the CITY a temporary Easement
for ingress and egress over that portion of the Property described in Exhibit "8" for the purpose
or purposes constructing the improvements on the Property. GRANTOR acknowledges that this
right of ingress and egress includes any and all temporary access to the property as depicted in
the construction easement which is attached hereto as Exhibit "8" and incorporated herein by
reference, during actual construction and installation of the improvements by CITY. The
Page 2 of 4
temporary easement shall be released no later than June 30, 2010, unless extended by mutual
agreement.
8. CITY shall ensure that all of the GRANTOR's property disturbed and used by
CITY pursuant to this Easement is returned to its original condition by CITY as of the date CITY
commenced such use, at the CITY's own cost. This includes any landscaping and fencing
removed as part of the CITY's installation of the improvements.
9. Grantor agrees that should the Grantor construct any structures within the
Easement, that the Grantor shall bear the cost and expense of removal of such structures in the
event they must be removed due to the City's maintenance or construction activities within the
Easement.
10. This Easement and all conditions and covenants set forth herein are intended to be
and shall be construed as covenants running with the land, binding upon and inuring to the
benefit of the GRANTOR or CITY, as the case may be, and their respective heirs, successors and
assigns, including, without limitation, all subsequent owners and/or tenants of the Easement, the
Property, and all persons claiming by, through and under them.
11. In the event of any litigation in connection with this Agreement, the prevailing
party shall be entitled to recover court costs and reasonable attorney's fees.
12. If any provision in this Agreement shall be determined to be invalid by a court of
competent jurisdiction, then such provision or determination shall not affect any other provisions
of this Agreement, all of which other provisions shall remain in full force and effect.
Signed and Sealed the day and year first above written.
GRANTOR
BETHESDA HEALTHCARE SYSTEM,
ATTEST: INC., a Florida non-profit corporation
BY: xI~l7~ BY: RCDtJtf B. /hI,(. I P~f!f'//JffV/
r . ~ Print Name .!IitI
~
N<OTary pu.hue.
Title i ~8.A
Signature
Q) wv':"'W:::""" (SEAL)
. : i EXPIRES: February 3, 2012
. Ilondecl Thru NGIIuy PublIc IbIorwrIIIn
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Page 3 of4
j
STATE OF FLORIDA )
) ss
COUNTY OF PALM BEACH )
BEFORE ME, an officer duly authorized by law to administrr oaths and take
acknowledgments, personally appeared 'Robo--T e. Hi I as
14-t51'd~V\+- of BETHESDA HEALTHCARE SYSTEM, INC., who is personally
known to me or who has produced - as identification, and
acknowledged executing the foregoing Agreement as the proper official of BETHESDA
HEAL THCARE SYSTEM, INC. for the use and purposes mentioned therein and that the
instrument is the act and deed of fJCOHJ>A /IE/t.J/I~ je,J,'l7t'./V\.
,
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the
State and .. t-..tL- day of SCf'-tf"JV1her- , 2008.
MV~~54491 /~f}~
EXPIRES: Ftbn8y 3, 2012 -'
~1lIuNallryPllblcUndlnlllln Notary Public, State of Florida
ATTEST: CITY OF BOYNTON BEACH
a Florida municip oration
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Office of the City Attorney
STATE OF FLORIDA )
) ss
COUNTY OF PALM BEACH ) ~, 2008, personally
BEFORE ME, the undersigned, this~Y day of
appeared Jerry Taylor, Mayor and Janet Prainito, City Clerk of the City of Boynton Beach.
(~OnallY known ~~Orida
DNT:lfm Vi~J'AF'iIO NNOWY'\\M.\\ ,\\,II1t""
H:\1990\900182.BB\Agreements 2008\Easement Agreement (Bethesda),doc 6'10'? ''''Z 'A . !Y'l .:-...."'~~"-.j.~f.1 ~-'...~
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2035 VISTA PARKWAY. SUITE 100 WEST PALM BEACH, FL 33411
(866) 909-2220 phone (561) 687-1110 fox
CERT No. 6091 - LB No. 7055
JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA
www.wontmongroup.com
DESCRIPTION .. SKETCH
PREPARED FOR:
THE CITY OF BOYNTON BEACH, FLORIDA
LEGAL DESCRIPTION: Utility Easement
A 12.00 foot wide strip of land lying In a porllon of Section 5, Township 46 South, Range 43
East, Palm Beach County, Florida and being a poriion of the lands described in Official Records
Book 13997, at Page 1151 through 1153 inclusive, of the Public Records of Palm Beach County,
Florida, and being more parlicularly described as follows:
BEGINNING at the Southeast corner of said described lands, said point being the POINT OF
BEGINNING: Thence South 89'19'51" West along the South line of said lands, for 12.64 feet, said
point being 12.00 feet West of and parallel with the Easterly line of said described lands and the
Westerly right-of-way line of the Seaboard Coast Line Railroad: Thence depariing aforesaid South
line Norih 17'39'52" East along said parallel line, for 1,138.10 feet; Thence deparling said
parallel line Norih 27'16'38" West, for 23.88 feet; Thence Norlh 11'03'02" East, for 9.59 feet,
said point being on the Norlh line of aforesaid described lands; Thence Norlh 88'09'37" East
along said Norlh line, for 12.68 feel; Thence deparling said Norih line South 17'03'02" West, for
8.81 feel; Thence Soulh 27'16'38" East, for 23.96 feet, said poinl being on aforesaid Easterly
line of said described lands and Westerly righl-of-way line of the Seaboard Coast Line Railroad;
Thence Soulh 17'39'52" West along said Easterly and Westerly line, for 1,139.09 feel to the
POINT OF BEGINNING.
SubJecl 10 exisllng easements, rights-of-way, covenants, reservations and restrictions of record, if
any.
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Said lands lying and sifuale in Palm Beach Counly, Florida. C>
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SURVEYOR'S NOTES l:l
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1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED 5. WANTMAN GROUP, INC.. CERTIFICATE OF AUTHORIZAnON No. t
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY 7055, IS ISSUED BY THE FLORIDA DEPARTMENT' OF BUSINESS ~
WANTMAN GROUP, INC.. THIS DRAWING, SKETCH, PLAT OR MAP IS FOR AND PROFESSIONAL REGULA nON. '0
INFORMAnONAL PURPOSES ONLY AND IS NOT VAUD. ADDITIONS OR <0
DELET10NS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE --
CERTIFICATION: '"
SIGNING PARTY OR PARnES IS PROHIBITED WITHOUT WRITTEN l:
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CONSENT OF THE SIGNING PARTY OR PARTIES. --
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2. lANDS SHOWN HEREON WERE NOT ABSTRACTED BY WANTMAN I HEREBY CERTIFY that t.'Ie attached Description and Sketch is true ~
GROUP, INC. FOR EASEMENTS AND RIGHTS-OF-WAY OF RECORD, and ccrrect to t:", br.$t ~f my kn<>",,/edge ond I>>lief and that it meets l,J
the MlnimlJm )'ec,/lnicol StandtNds set forth by the Flon'da Board of ~
J. DATA SHOWN HEREON WAS COMPILED FROM OTHER ProftlSsional 5urwyors And Ma~ in Chopter 61GI7-6. Florido ~
INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. Admlnistrat/1Ie -Code, pursuant to Chapter 472.027 Florida Statutes. &l
4. BEARINGS BASED ON AN ASSUMED BEARING ALONG THE WESTERLY For The Firm: f"
Wan!man Croup, Inc. 0
RIGHT-OF-WAY LINE OF THE SEABOARD COAST UNE RAILROAD, SAID ~
LINE BEARS SOUTH ,.,.39'52. WEST AND ALL OTHER BEARINGS
SHOWN HEREON ARE RELATIVE: THERETO. BY.' JJ~--~ ?:. / 3d ()8 <:
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DATE: REVISION: BY: DA TE: ~
DEREK G. ZEMAN, 2
PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. 5655 "-
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(866) 909-2220 phone (561) 687-1110 fox
CERT No. 6091 - LB No. 7055
JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA
www.wontmongroup.com
DESCRlP710N .. SKETCH
PREPARED FOR:
THE CITY OF BOYNTON BEACH. FLORIDA
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OFFICE MRG DATE 03/29/08 JOB 407667.01 ~
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CHECKED DGZ SHEET 2 OF 3 DWG 6670LUE J -;
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2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, FL 33411
(866) 909-2220 phone (561) 687-1110 fOll
CERT No. 6091 - LB No. 7055
JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA
www.wantmangroup.com
DESCRIPTION ct SKCTCH
PREPARED FOR:
THE CITY OF' BOYNTON BEACH, FLORIDA
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(ORB. 18304, PG, 133-135/P.B.G.R.) / 12.68'
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CHECKED SHEET .J OF .J --
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2035 VISTA PARKWAY, sum: 100 WEST PALM BEACH. FL 33411
(866) 909-2220 phone (561) 687-1110 fox
CERT No. 6091 - LB No. 7055
JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA
www.wontmongroup.com
DESCRIPTION ~ SKETCH
PREPARED FOR:
THE CITY OF' BOYNTON BEACH, FLORIDA
LEGAL DESCRIPTION: Temporary Construction Easement
A 40.00 foot wide strip of land lying in a portion of Section 5, Township 46 South, Range 43
East, Palm Beach County, Florida and being a portion of the lands described in Official Records
Book 13997, at Page 1151 through 1153 inclusive, of the Public Records of Palm Beach County,
Florida, and being more particularly described as follows:
BEGINNING at the Southeast corner of said described lands, said point being the POINT OF
BEGINNING; Thence South 89-19 '51" West along the South line of said lands, for 42. 14 feet, said
point being 40.00 feet West of and parallel with the Easterly line of said described lands and the
Westerly right-of-way line of the Seaboard Coast Line Railroad; Thence departIng aforesaid South
line North 17"39'52" East along said parallel line, for 1,169.97 feet, said point being on the
North line of said described lands; Thence departing said parallel line North 88-09'37" East along
said North line, for 42.44 feet, said point being on aforesaid Easterly line of said described
lands and Westerly right-of-way line of the Seaboard Coast Line Railroad; Thence departIng
aforesaid North line South 17"39'52" West along said Easterly and Westerly line, for 1, 170.88 feet
to the POINT OF BEGINNING.
Subject to existing easements, rights-of-way, covenants, reservations and restrictions of record, if
any.
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Said lands lying and situate in Palm Beach County, Florida. a
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SURVEYOR'S NOTES I
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1. UNLess ff BEARS THE SIGNATURE AND THE ORIGINAL RAISED 5. WANTMAN GROUP. INC.. CERTIFICATE OF AUTHORIZAnON No. ~
_I
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY 7055, IS ISSUED BY THE FLORIDA DEPARTMENT OF BUSINess a
WANTIotAN GROUP. INC., THIS DRAWING. SKETCH, PLAT OR MAP IS FOR AND PROFESSIONAL REGUlAOON. "-
<0
INFORMAOONAL PURPOSES ONLY AND IS NOT VALID. AODmONS OR <0
DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE ---
CERTIFICATION: '"
SIGNING PARTY OR PARnES IS PROHIBITED WfTHOUT WRITTEN ~
'"
CONSENT OF THE SIGNING PARTY OR PARTIES. f
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY WANTMAN I HEREBY CERTIfY that the attached Description and Sketch is true ~
and correct ~o th.. b"!t Gof my knowledge and belief and that it meets
GROUP, INC. FOR EASEMENTS AND RIGHTS-OF-WAY OF RECORD, the Minimum Techfl'ical Stcrndards set forth by the Florida Board of ~
3. DATA SHOWN HEREON WAS COMPILED FROM OTHER Professional Surveyors And Mappers in Chapter 61GI7-6. Florida f2
INSTRUMENTS AND DOES NOT CONSTITlfTE: A FIELD SURVeY AS SUCH. AdminJs~rotiVtl Code, put':$uont to Chapter 472.027 Florida Statutes. ~
For (he Firm. ---
4. BEARINGS BASED ON AN ASSUMED BEARING ALONG THE WESTERL Y Want"7lan Group, Inc. 15
RIGHT-OF-WAY LINE OF THE SEABOARD COAST LINE RAILROAD, SAID ~
LINE BEARS SOUTH 1,39'52- WEST AND ALL OTHER BEARINGS Em Kf.t<<<.1 ~ DATE' 3/3110(3
SHOWN HEREON ARE RElATIVE: THERETO. <:
2
DATE: REVISION: BY: ~
DEREK G. ZEMAN, @
PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. 5655 .....
a
OFFICE MRG DATE 03/29/08 JOB 407667.01 ~
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CHECKED DGZ SHEET 1 OF 3 ---
DWG 6670'-UE J-TEMP ~
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lm En~:~;~~n~.~~~~f:wr~~~;OI
2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, FL 33411
(866) 909-2220 phone (561) 687-1110 fax
CERT No. 6091 - LB No. 7055
JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA
www.wantmangroup.com
DESCRIPTION .t SKETCH
PREPARED FOR:
THE CITY OF BOYNTON BEACH. FLORIDA
MATCH SEE SHEET:]
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P.B.C.R. = Palm Beach County Records / It) l::!
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PG. = Page ~~ L.J
R/W = Rlght-of- Way / / ~ ~ ~ ~I
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MONTEREY BAY, A /P.U.D. / ~
(P.B. 104, PC, 82-881 P.B.C.R.) / :
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DATE: REVISION: BY: ~
(NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) ~
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OFFICE MRG DATE 03/29/08 JOB 407667.01 ~
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CHECKED DGZ SHEET 2 OF 3 DWG 66701_UE 3-TEAlP -;;
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2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, FL 33411
(866) 909-2220 phone (561) 687-1110 fox
CERT No. 6091 - LB No. 7055
JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA
www.wontmongroup.com
DESCRIPTION .. SKDCH
PREPARED FOR:
THE CITY OF BOYNTON BEACH, FLORIDA
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LANDS PER / IN88.09'J7"c /
(ORB. 18304. PC. 133-135; P.8.C.R.) I ' /
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LEGEND: /,~ ~ ;;1
O.R.B. = Official Records Book / ~ J ~
P.B.C.R.= Palm Beach County Records I.,.,~ 0;
P.B. = Plat Book / ~ (;j -6
PG. = Page ;;
R/W = Right-of-Way / 40.00'-- ~
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MATCH SEE SHEET 2 85
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DA TE: REVISION: BY: ~
(NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) 2
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OFFICE MRG DATE 03/29/08 JOB 407667.01 ~
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CHECKED DGZ SHEET 3 OF 3 DWG 6670CUE J-TE:MP ;;