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R96-087RESOLUTION NO. R96-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A WATER SERVICE AGREEMENT AND ANNEXATION AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND DDK INVESTMENTS, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is approximately a 40 acre tract at the northeast corner of the intersection of Gateway Boulevard and Lawrence Road, outside the jurisdictional limits of the City of Boynton Beach; and WHEREAS, DDK has requested that the City provide water and sewer service to the property and the City has the ability to provide said services to the property; and WHEREAS, City policy requires annexation of the property to be serviced at the earliest practicable time, as a condition of the granting of water services outside its jurisdictional limits; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a Water Service Agreement and Annexation Agreement between the City of Boynton Beach, Florida and DDK Investments, Inc., said Agreements being attached hereto as composite Exhibit "A". Section_ 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this /~ day of June, 1996. CITY QF BOYNTON BEACH, FLORIDA ~ice Mayo3~ / ~ ATTE S T: City Clerk / Commi s s/~oner ssioner • 053096 -1 / 'f 4212B 1371ahL c� L NY M-16-1996 12:53pm 96-- 245996 ORB 9:354 P9 '1 97 11111 ■uii111111111$ll111 ANNEXATION AGREEMENT THIS AGREEMENT is made on this lam/ day of /49V , 1996, by and between DDK INVESTMENTS, INC., a Florida corporation ( "DDK ") and the CITY OF BOYNTON BEACH, a Florida municipal corporation ( "City "). WITNESSETH WHEREAS, DDK owns real property adjacent to, but outside of the municipal boundaries of the City, which property is legally described on Exhibit "A" attached hereto ( "Property "); and WHEREAS, DDK is requesting an Agreement for Water and Sewer Service Outside the City Limits ( "Service Agreement "); and WHEREAS, DDK is also seeking development approvals from Palm Beach County for a planned unit development for the property in order to construct 322 multiple family residential units on the Property ( "Project "); and WHEREAS, City is requiring DDK to annex the Property into the City as a condition of City entering into the Service Agreement and DDK is willing to annex the Property into the city upon completion of construction of the Project. NOW, THEREFORE, in consideration of the premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the . parties agree as follows: 1. DDK agrees to file a petition for voluntary annexation to annex the Property into the City thirty (30) days prior to the issuance of the first certificate of occupancy by Palm Beach County for the first building or dwelling unit in the Project. In the event that Palm Beach County shall not approve the Project (or another development that is accepted by DDK) or if after approval, the Project is abandoned and not commenced, or in the event that construction of the Project is commenced but shall be discontinued for a period of 24 consecutive months, then, at City's option, DDK shall file a petition for annexation within 30 days of receipt of City's written request. 2. City, simultaneously with the execution of this Annexation Agreement, shall enter into the Service Agreement. ORB ?354 Ps 198 3. This Annexation Agreement shall run with the land and inure to the benefit of and be binding upon the parties and their respective successors and assigns. A copy of this Annexation Agreement shall be recorded in the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and year first above written. DDK INVESTMENTS, INC., a Florida corporation By. � � Ron Bedard, President (CORPORATE SEAL) CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation By Y , Mayor ATTEST: !� ' At Ci /y Clerk Appr 'ed a to form and fi enc Ja es Cherof, City Attorney -2- 4212B I CIO .sdr / 4-Ji EMHTBZT "A" LEGAL OESCRZPTZON OF THE PROPERTY A parcel of land lying in the South one -half (S 1/2) of Section 18, Township 45 South, Range 43 East, Palm Beach County, Florida; being more particularly described as follows: Commencing at the Northwest corner of the Southwest one - quarter (SW 1/4) of said Section 18; thence North 89 degrees 05 minutes 09 seconds East along the North line of the Southwest one - quarter of said Section 18, a distance of 1267.61 feet to an intersection with the West line of the West one - quarter (W 1/4) of Northeast one- quarter (NE 1/4) of the Southwest one - quarter (SW 1/4) of said iection 18; thence continue North 89 degrees 05 minutes 09 seconds 'sast along said North line, a distance of 132.30 feet to the Point of Beainnina; thence continue North 89 degrees 05 minutes 09 seconds East along said North line, a distance of 501.96 feet; thence South 00 degrees 54 minutes 51 seconds East, a distance of 631.28 feet to the Point of Curvature of a curve concave Westerly, having a radius of 432.30 feet; thence Southerly along the arc of said curve, through a central angle of 25 degrees 28 minutes 48 seconds, a distance of 192.25 feet to the Point of Tangency; thence South 24 degrees 33 minutes 57 seconds West, a distance of 72.71 feet to a point on a curve concave Easterly, having a radius of 1061.79 feet and whose radius paint bears South 65 degrees 14 minutes 54 seconds East; thence Southerly along the arc of said curve, through a central angle of 11 degrees 13 minutes 34 seconds, a distance of 208.04 feet to the point of compound curvature of a curve concave Easterly, having a radius of 605.12 feet: thence Southerly along the arc of said curve, through a central angle of 12 degrees 15 minutes 56 seconds, a distance of 129.54 feet to the Point of Tangency; thence South 01 degrees 15 minutes 37 seconds West, a distance of 61.87 feet to an intersection with the North right -of -way line of N.W. 22nd Avenue as recorded in Road Plat Book 4, pages 249 and 250 and as recorded in Official Record Book 3283, pages 1107 and 1108 of the Public Records of Palm Beach County, Florida; thence South 88 degrees 59 minutes 56 seconds West along said North right -of -way line, a distance of 1788.10 feet to an intersection with a line 40.00 feet East of and parallel with as measured at right angles to the West line of the Southwest one - quarter (SW 1/4) of said Section 18 and the East right -of -way line (as laid out and now in use) of Lawrence Road; thence North 03 degrees 13 minutes 23 seconds East along said East right -of -way line, a distance of 775.82 feet to an intersection with the North line of the South one - quarter (S 1/4) of the Northwest one - quarter (NW 1/4) of the Northwest one - quarter (NW 1/4) of the Southwest one - quarter (SW 1/4) of said Section 18; thence North 89 degrees 03 minutes 12 seconds East along said North line, a distance of 594.87 feet to an intersection with the West line of the East one -half (E 1/2) of the Northwest • 6638F/26 EXHIBIT "A" Continued (Page 2) one - quarter (NW 1/4) of the Southwest one - quarter (SW 1/4) of said Section 18; thence North 03 degrees 05 minutes 28 seconds East along said West line, a distance of 1.35 feet to an intersection with the North line of said East one -half (E 1/2) of the Northwest - one- quarter (NW 1/4) of the Southwest one - quarter (SW 1/4) of Section 18, LESS the North 495.00 feet thereof; thence North 89 degrees 05 minutes 09 seconds East along said North line, a distance of 767.26 feet to an intersection with the West line of :he West one - quarter (W 1/4) of the Northeast one - quarter (NE 1/4) )f the Southwest one - quarter (SW 1/4) of said Section 18, LESS the Lest 132.00 feet thereof; thence North 02 degrees 57 minutes 32 seconds East along said West line, a distance of 496.11 feet to the Po} nt of Becinninq.. LESS AND EXCEPT the following parcel: A parcel of land situate in the Southwest One- Quarter (SW 1/4) of Section 18; Township 45 South; Range 43 East, Palm Beach County, Florida and being more particularly described as follows: COMMENCING at the Southwest corner of the North One -Half (N 1/2) of the Southwest One- Quarter (SW 1/4) of said Section 18; thence along the South line of said North One -Half (N 1/2) of the Southwest One - Quarter (SW 1/4), NORTH 87 -50 -03 EAST, a distance of 44.10 feet; thence departing from said South line, NORTH 02 -09 -57 WEST, a distance of 54.00 feet to the corner formed by the intersection of the North right -of -way line of Gateway Boulevard (108 feet in width and formerly known as N.W. 22nd Avenue) and the East right -of -way line of Lawrence Road (80 feet in width) and the POINT OF BEGINNING. From the POINT OF BEGINNING; thence departing from said North right -of -way line and along said East right -of -way line of Lawrence Road, NORTH 02 -03 -35 EAST, a distance of 26.64 feet; thence departing said East right -of -way, SOUTH 44 -41 -30 EAST, a distance of 36.04 feet to intersect the aforementioned North right-of-way line of Gateway Boulevard; thence along said north right -of -way line, SOUTH 87 -50 -03 WEST, a distance of 26.33 feet to the POINT OF BEGINNING. ORB 9354 Ps 199 STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of May, 1996, by RON BEDARD, as President of DDK INVESTMENTS, INC., a Florida corporation, on behalf of the corporation, who is ✓ personally known to me, OR has produced as identificati . TERRYJ.PASSON Notary Na ����� "'"S�k(/ ' Notary Public :.: ,•, :.= My ammo x cc � Y (NOTARY STAN. EXPIRES: March 2 Serial (Commission) Number f; ; Sordid Thru Notary Pubic ur,dNWItors (i f any) STATE OF FLORIDA COUNTY OF PALM BEACH ) The oregoing instrument was acknowledged before me this 48 day of AAP, 1996, by QaRALD YAHOO- and 5 u7-,4nne. KRuse- , as Mayor and City Clerk, respectively, of the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, on behalf of the City, who are personally known to me, OR have produced as identification. 4 NOry Name: ../Aner M. f %Nr'ro N. ary Public (NOTARY STAMP) Serial (Commission) Number JANET M. PUN1T° (i f any) : • k '; MY COMMISSION k CC 386147 1 EXPIRES August 27, 1998 6i Borrier Nom PubNC Underwnb:rs -3- 4212B 6 c3 . EXHIBIT -A" ORB '354 Ps 200 LEGAL DESCRIPTION OF THE PROPER X A parcel of land _lying in the South one -half (S 1/2) of Section 18, Township 45 South, Range 43 East, Palm Beach County, Florida; being more particularly described as follows: Commencing at the Northwest corner of the Southwest one - quarter (SW 1/4) of said Section 18; thence North 89 degrees 05 minutes 09 seconds East along the North line of the Southwest one - quarter of said Section 18, a distance of 1267.61 feet to an intersection with the West line of the West one - quarter (W 1/4) of Northeast one- quarter (NE 1/4) of the Southwest one - quarter (SW 1/4) of said Section 18; thence continue North 89 degrees 05 minutes 09 seconds :ast along said North line, a distance of 132.30 feet to the paint of Becinnina; thence continue North 89 degrees 05 minutes 09 seconds East along said North line, a distance of 501.96 feet; thence South 00 degrees 54 minutes 51 seconds East, a distance of 631.28 feet to the Point of Curvature of a curve concave Westerly, having a radius of 432.30 feet; thence Southerly along the arc of said curve, through a central angle of 25 degrees 28 minutes 48 seconds, a distance of 192.25 feet to the Point of Tangency; thence South 24 degrees 33 minutes 57 seconds West, a distance of 72.71 feet to a point on a curve concave Easterly, having a radius of 1061.79 feet and whose radius point bears South 65 degrees 14 minutes 54 seconds East; thence Southerly along the arc of said curve, through a central angle of 11 degrees 13 minutes 34 seconds, a distance of 208.04 feet to the point of compound curvature of a curve concave Easterly, having a radius of 605.12 feet: thence Southerly along the arc of said curve, through a central angle of 12 degrees 15 minutes 56 seconds, a distance of 129.54 feet to the Point of Tangency; thence South 01 degrees 15 minutes 37 seconds West, a distance of 61.87 feet to an intersection with the North right -of -way line of N.W. 22nd Avenue as recorded in Road Plat Book 4, pages 249 and 250 and as recorded in Official Record Book 3283, pages 1107 and 1108 of the Public Records of Palm Beach County, Florida; thence South 88 degrees 59 minutes 56 seconds West along said North right -of -way line, a distance of 1788.10 feet to an intersection with a line 40.00 feet East of and parallel with as measured at right angles to the West line of the Southwest one- quarter (SW 1/4) of said Section 18 and the East right -of -way line (as laid out and now in use) of Lawrence Road; thence North 03 degrees 13 minutes 23 seconds East along said East right -of -way line, a distance of 775.82 feet to an intersection with the North line of the South one - quarter (S 1/4) of the Northwest one - quarter (NW 1/4) of the Northwest one - quarter (NW 1/4) of the Southwest one - quarter (SW 1/4) of said Section 18; thence North 89 degrees 03 minutes 12 seconds East along said North line, a distance of 594.87 feet to an intersection with the west line of the East one -half (E 1/2) of the Northwest • 66a8F/26 ORB 9354 Ps �c ' i DOROTHY JILKEN, CLERK PB COUNTY, FL EXHIBIT "A" Continued (Page 2) one - quarter (NW 1/4) of the Southwest one - quarter (SW 1/4) of said Section 18; thence North 03 degrees 05 minutes 28 seconds East along said West line, a distance of 1.35 feet to an intersection with the North line of said East one -half (E 1/2) of the Northwest - one- quarter (NW 1/4) of the Southwest one - quarter (SW 1/4) of Section 18, LESS the North 495.00 feet thereof; thence North 89 degrees 05 minutes 09 seconds East along said North line, a distance of 767.26 feet to an intersection with the West line of :he West one - quarter (W 1/4) of the Northeast one - quarter (NE 1/4) )f the Southwest one - quarter (SW 1/4) of said Section 18, LESS the Lest 132.00 feet thereof; thence North 02 degrees 57 minutes 32 seconds East along said West line, a distance of 496.13 feet to the Point of _Beginning. LESS AND EXCEPT the following parcel: A parcel of land situate in the Southwest One- Quarter (SW 1/4) of Section 18; Township 45 South; Range 43 East, Palm Beach County, Florida and being more particularly described as follows: , COMMENCING at the Southwest corner of the North One -Half (N 1/2) of the Southwest One - Quarter (SW 1/4) of said Section 38; thence along the South line of said North One -Half (N 1/2) of the Southwest One- Quarter (SW 1/4), NORTH 87 -50 -03 EAST, a distance of 44.10 feet; thence departing from said South line, NORTH 02 -09 -57 WEST, a distance of 54.00 feet to the corner formed by the intersection of the North right -of -way line of Gateway Boulevard (108 feet in width and formerly known as N.W. 22nd Avenue) and the East right -of -way line of Lawrence Road (80 feet in width) and the POINT OF BEGINNING. From the POINT OF BEGINNING; thence departing from said North right -of -way line and along said East right -of -way line of Lawrence Road, NORTH 02 -03 -35 EAST, a distance of 26.64 feet; thence departing said East right -of -way, SOUTH 44 -41 -30 EAST, a distance of 36.04 feet to intersect the aforementioned North right -of -way line of Gateway Boulevard; thence along said north right -of -way line, SOUTH 87 -50 -03 WEST, a distance of 26.33 feet to the POINT OF BEGINNING. 032796 -1 0855U AGREEMENT FOR WATER AND SEWER SERVICE OUTSIDE THE CITY LIMITS THIS AGREEMENT made on this v 2/ day of G �x� , 1996, by and between DDK Investments, Inc., hereinafter called the "Customer ", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City ". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer haS requested that the City of Boynton Beach, Florida provide water and sewer service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water and sewer service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water and sewer service from its Municipal Water and Wastewater System to service the real property described as follows and which Customer represents is owned by Customer. 2. The Customer and the City hereby agree that there are 322 equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water and sewer service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the liens or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water or sewer main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and Regulations of Boynton Beach. 5. Title to all mains, extension and other facilities extended from the City Water Distribution system to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. -2- 0855U 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water and sewer service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights -of -way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water or sewer service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 9. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement. t 10. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. -3- 0855U 11. The City hereby agrees to reimburse the Customer the full amount of any and all fees, costs, charges and deposits paid to the City to reserve capacity in the City's water and sewer system should the development order be denied for any reason by Palm Beach County or the City of Boynton Beach. 12. In the event that Palm Beach County shall not approve the Project (or another Project that is accepted by DDK) this Agreement shall become null and void and all fees, costs, charges and deposits shall be reimbursed to the Customer pursuant to paragraph 11. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this Jtday of , 1996. WITNESS: INDIVIDUAL(S) AS OWNER(S): r ' 440- L.0 e tc DDK INVESTMENTS, INC., Debra L. Pierucki a Florida corporation ■= q, B Paula M. Feeney RON BEDARD, President FOR INDIVIDUAL(S) NOTARIZATION: STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared RON BEDARD to me known to be the person(s) described in and who executed the forgoing instrument that /she acknowledged before me that 6 /she executed the same; that the individual was personally known to—me. or provided the following proof of identification: -4- 0855U WITNESS my hand and official seal in the County and State last aforesaid this Ada of , 1996. 41:04.„ PASSON _' R�'; MY COMMISSION M CC 359809 M. t ;', (Notary Seal) = 1998 EXPIRES: March 28 , �'�� E,o'; ` '' under fire Notary pubic 'underwrites _ „„...„ ,, .., _., .....,_ — -- • .e , (-1 WITNESS: CITY F BO ON , FLORIDA - p i f j.:(--- 1 Mayor ATTEST; I- . , Cit. Clerk wH Vs:U A S ;to Fu;iij: ' /7 "'Cl(-4 CITY �C � c -5- 0855U 5;38'/25 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY A parcel of land lying in the South one -half (S 1/2) of Section 18, Township 45 South, Range 43 East, Palm Beach County, Florida; being more particularly described as follows: Commencing at the Northwest corner of the Southwest one - quarter (SW 1/4) of said Section 18; thence North 89 degrees 05 minutes 09 seconds East along the North line of the Southwest one - quarter of said Section 18, a distance of 1267.61 feet to an intersection with the West line of the West one - quarter (W 1/4) of Northeast one - quarter (NE 1/4) of the Southwest one - quarter (SW 1/4) of said Section 18; thence continue North 89 degrees 05 minutes 09 seconds East along said North line, a distance of 132.30 feet to the Point of Beainnina; thence continue North 89 degrees 05 minutes 09 seconds East along said North line, a distance of 501.96 feet; thence South 00 degrees 54 minutes 51 seconds East, a distance of 631.28 feet to the Point of Curvature of a curve concave Westerly, having a radius of 432.30 feet; thence Southerly along the arc of said curve, through a central angle of 25 degrees 28 minutes 48 seconds, a distance of 192.25 feet to the Point of Tangency; thence South 24 degrees 33 minutes 57 seconds West, a distance of 72.71 feet to a point on a curve concave Easterly, having a radius of 1061.79 feet and whose radius point bears South 65 degrees 14 minutes 54 seconds East; thence Southerly along the arc of said curve, through a central angle of 11 degrees 13 minutes 34 seconds, a distance of 208.04 feet to the point of compound curvature of a curve concave Easterly, having a radius of 605.12 feet: thence Southerly along the arc of said curve, through a central angle of 12 degrees 15 minutes 56 seconds, a distance of 129.54 feet to the Point of Tangency; thence South 01 degrees 15 minutes 37 seconds West, a distance of 61.87 feet to an intersection with the North right -of -way line of N.W. 22nd Avenue as recorded in Road Plat Book 4, pages 249 and 250 and as recorded in Official Record Book 3283, pages 1107 and 1108 of the Public Records of Palm Beach County, Florida; thence South 88 degrees 59 minutes 56 seconds West along said North right -of -way line, a distance of 1788.10 feet to an intersection with a line 40.00 feet East of and parallel with as measured at right angles to the West line of the Southwest one - quarter (SW 1/4) of said Section 18 and the East right -of -way line (as laid out and now in use) of Lawrence Road; thence North 03 degrees 13 minutes 23 seconds East along said East right -of -way line, a distance of 775.82 feet to an intersection with the North line of the South one - quarter (S 1/4) of the Northwest one - quarter (NW 1/4) of the Northwest one - quarter (NW 1/4) of the Southwest one - quarter (SW 1/4) of said Section 18; thence North 89 degrees 03 minutes 12 seconds East along said North line, a distance of 594.87 feet to an intersection with the West line of the East one -half (E 1/2) of the Northwest - 6E8F/26 EXHIBIT "A" Continued (Page 2) one - quarter (NW 1/4) of the Southwest one - quarter (SW 1/4) of said Section 18; thence North 03 degrees 05 minutes 28 seconds East along said West line, a distance of 1.35 feet to an intersection with the North line of said East one -half (E 1/2) of the Northwest - one- quarter (NW 1/4) of the Southwest one - quarter (SW 1/4) of Section 18, LESS the North 495.00 feet thereof; thence North 89 degrees 05 minutes 09 seconds East along said North line, a distance of 767.26 feet to an intersection with the West line of the West one - quarter (W 1/4) of the Northeast one - quarter (NE 1/4) of the Southwest one - quarter (SW 1/4) of said Section 18, LESS the West 132.00 feet thereof; thence North 02 degrees 57 minutes 32 seconds East along said West line, a distance of 496.11 feet to the poi nt of Beginning. LESS AND EXCEPT the following parcel: A parcel of land situate in the Southwest One - Quarter (SW 1/4) of Section 18; Township 45 South; Range 43 East, Palm Beach County, Florida and being more particularly described as follows: , COMMENCING at the Southwest corner of the North One -HalE (N 1/2) of the Southwest One - Quarter (SW 1/4) of said Section ]8; thence along the South line of said North One -Half (N 1/2) of the Southwest One - Quarter (SW 1/4), NORTH 87 -50 -03 EAST, a distance of 44.10 feet; thence departing from said South line, NORTH 02 -09 -57 WEST, a distance of 54.00 feet to the corner formed by the intersection of the North right -of -way line of Gateway Boulevard (108 feet in width and formerly known as N.W. 22nd Avenue) and the East right -of -way line of Lawrence Road (80 feet in width) and the POINT OF BEGINNING. From the POINT OF BEGINNING; thence departing from said North right -of -way line and along said East right -of -way line of Lawrence Road, NORTH 02 -03 -35 EAST, a distance of 26.64 feet; thence departing said East right -of -way, SOUTH 44 -41 -30 EAST, a distance of 36.04 feet to intersect the aforementioned North right -of -way line of Gateway Boulevard; thence along said north right -of -way line, SOUTH 87 -50 -03 WEST, a distance of 26.33 feet to the POINT OF BEGINNING.