R96-019RESOLUTION 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 SUBORDINATION OF ENCUMBRANCE TO
PROPERTY RIGHTS BETWEEN THE CITY OF
BOYNTON BEACH AND PALM BEACH COUNTY;
PROVIDING THAT THE COST OF RELOCATION OR
REMOVAL OF ANY FACILITIES OWNED BY THE CITY
UNDER EASEMENT RECORDED IN ORB 3659, AT PAGE
936 (LAWRENCE ROAD- NAUTICA SOUND P.U.D.)
SHALL BE BORNE BY THE COUNTY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach currently has easement rights adjacent
to the Lawrence Road right of way bordering the proposed Nautica Sound property;
and
WHEREAS, the City currently has a sewage force main and/or a potable Water
main within the easement; and
WHEREAS, Palm Beach County is requiring the developer of Nautica Sound
P.U.D. to construct roadway improvements over the existing easement, necessitating
a subordination of the City's easement; and
WHEREAS, the subordination agreement will not impede the City from
maintaining the existing gravity sewer and provides for all costs for relocation or
removal to be borne by Palm Beach County.
NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida, hereby
authorizes the Mayor and City Clerk to execute a Subordination of Encumbrance to
Property between the City of Boynton Beach, Florida and Palm Beach County
providing for the cost of relocation or removal of any facilities owned by the City under
Easement recorded in ORB 3659, at page 936 (Lawrence Road - Nautica Sound
P.U.D.) shall be borne by the County, a copy of said Agreement being attached hereto
as Exhibit "A".
Section 2. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this ..~',~ day of February, 1996.
ATTEST:
Cif~ Clerk
CITY OF BOYNTON BEACH, FLORIDA
I~ay(~r ~' ~
Vice Mayor
'~ommission~r / ~
Commissioner
Return to:
Right-of-Way Acquisition Section
Name: Palm Beach County Engineering Post Office Box 21229
Address: West Palm Beach, Florida 33416
Attn: KAT ZIMMERMAN
Acct. No.:
This Instrument Prepared by:
Name: Paul F. King, Assistant County Attorney
Palm Beach County
~d~ress: Post Office Box 21229
West Palm Beach, Florida 33416
· No.: 08-43-45-07-00-000-301.0
_.. SPACE ABOVE THIS LINE FOR PROCESSING DATA
Project No.:
Project Name:
Parcel NO.:
95-181
LAWRENCE ROAD
SPACE ABOVE THIS LINE FOR PROCESSING DATA
SUBORDINATION OF ENCUMBRANCE TO PROPERTY
RIGHTS TO COUNTY OF PALM BEACH, FLORIDA
KNOW ALL MEN BY THESE PRESENTS: That whereas it is proposed by the COUNTY of PALM BEACH to
locate, construct maintain and/or improve a portion of LAWRENCE ROAR in Palm Beach County,
in accordance with survey and plans on file in the Office of the County Engineer; and, Florida,
9asementWHEREAS'held bye theP°rti°nundersigned;°f the landSand, involved and necessary to said projects is subject to a__qn
WHEREAS, on behalf of the County of Palm Beach, a request has been made for the undersigned
to subordinate said encubrance to the property rights of the County of Palm Beach in and to the
portion of the premises hereinafter described;
NOW THEREFORE, WITNESSETH: That for and in consideration of the premises and One ($1.00)
Dollar and other good and valuable considerations, paid, receipt of which is hereby acknowledoed,
the undersigned subordinates said encubrance to ~he property rights of the County of Palm BeEch,
Florida, to lcoate, construct, maintain and/or improve said project over, through, under and/or
a~ss the following described lands, being a portion of the encumbered premises in Palm Beach
C~ .ty, Florida, to-wit:
See Exhibit "A" Attached Hereto and Made A Part Hereof
insofar as said premises are affected by the following described encumbrance now held by the
undersigned:
NATURE OF
ENCUMBRANCE DATE
FROM OR AGAINST
IN FAVOR OF
RECORDED
BOOK - PAGE
Easement
01/08/82
Knollwood
Groves, Inc.
City of Boynton
Beach
OR3659 - 936
Provided that the costs of relocation or removal of any facilities owned by the
easement holder within the easement area shall be borne by the County.
PROVIDED, ALWAYS, NEVERTHELESS, and it is expressly understood and agreed that this instrument
subordinate~ said encubrance insofar as same affects the rights and riv'
Palm_~each in its use of the land specifically or diminish the e .... ? _ ~l~es of ~he County of
remea~es at law or in eM,it,- for ....... ~ ...... . ~ oi sa~a encumbrance or the
~ ~ z ~v~r~n~ ~nereun~er, or a a~nst, the a
the ~u_l amount of all sums secured b .... ~' .......... g-~- _ p rties charged thereby,
.~--~. . ~ ~,~/~ u~u~r ~e same. ~t is
th~ an the event sa~d above desc~ ~,~ ......... further understood and agreed
fo, ighway and maintenance -ur- jjSl tr'"
~e aDa~o~ed D~ =ne County and cease to be used
m m ==~ unuu ~n SUCh even= =ne suDorddinat'
enc~aDranceSh=" . terminate' shallinbecomeand tOtheSUChsamePOrtiOnstatus abandoned and ~u .... longer useo ~Onas O~a~oresaid,Sa~d encumbranCeand the
. . w~th reference to such a · .
subordination has never been made bandoned port~on as ~f the
SUBORDINATION OF ENCUMBRANCE
PAGE TWO (2)
(CORPO~{ATION)
Project No. 95-181
Parcel No.
IN WITNESS WHEREOF the said holder of said encumbrance has duly executed this
instrument this ~ day of ~-~~~ A.D., 19 ~
(2 witnesses required by Florida Law)
Signed, sealed and delivered in the presence of:
City of Boynton Beach
Typed or printed name of Corporation
Typed or printed name of witness
Typed ,%~ll~ted ~am~'of witness Typed or printed name---~-~--MAYOR
_---- ~ ~ORPO~E ~AL) , ,
COUNTY OF P~M B~CH
Before me, the undersigned authority, this day.personally appeared
~_~grald Taylor and Suzanne M. Kruse who are
~rsonally known to me e~-~n~-h~ce-~~ ..... ~
~n~-i-~~n and whoring/did not take'an oath and who executed the foregoing
~nstrument as Mayor and City Cler~
respectively, or the Corporation named in the foregoing instrument, and they
severally acknowledged to and before me that they executed said instrument on
behalf of and in the name of said corporation as such officers; that the seal
affixed to said instrument is the corporate seal of said corporation and that it
was affixed thereto by due and regular corporate authority; they are duly
authorized by said corporation to execute said instrument and that said instrument
is the free act and deed of said corporation.
this
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal
29th day of February
, A.D., 1996.
~.~ ~ '~',, EVE EUBANK$
~?"?, ~ ~y COMMISSION # 00276705 EX?~RF.S
.;;~ Apni 5. t997
'&~ ~' ~,' BONDED TH~ T~Y FAiN tNSU~NCE,
(NOTARIAL SEAL)
Notary Public in and for the
County and State aforesaid.
Typed or printed name of Notary Public
My Commission expires:
LAWSON, NOBLE & WEBB, INC.
CONSULTING~ENGINEERS, LAND PLANNERS, SURVEYORS
420 COLUMBIA DRIVE, WEST PALM BEACH, FLORIDA
PHONE (407) 684-6686
EXHIBIT "A"
LEGAL DESCRIPTION: ADDITIONAL RIGHT-OF-WAY FOR LAWRENCE ROAD
~ · A PARCEL OF LAND LYING IN THE NORTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION
7 ; THENCE NORTH 88015'50'' EAST, ALONG THE SOUTHERLY LINE OF THE NORTHWEST
ONE-QUARTER OF SAID SECTION 7, A DISTANCE OF 33.07 FEET; THENCE NORTH 02002'58" EAST
· ALONG A LINE PARALLEL WITH AND 33.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES TO)~
~ THE WESTERLY LINE OFTHE NORTHWEST ONE-QUARTER OF SAID SECTION 7, A DISTANCE OF 34.46
FEET TO THE POINT OF BEGINNING ; THENCE, CONTINUE ALONG SAID PARALLEL LINE, NORTH
02002'58'' EAST, A DISTANCE OF 1,303.01 FEET TO THE NORTHERLY LINE. OF THE SOUTHWEST ONE-
QUARTER OF SAID NORTHWEST ONE-QUARTER; THENCE NORTH 88°20'31" EAST, ALONG THE
NORTHERLY LINE OF THE SOUTHWEST ONE-QUARTER OF SAID NORTHWEST ONE-QUARTER, A
DISTANCE OF 19.04 FEET; THENCE SOUTH 02 02'58" WEST, ALONG A LINE-PARALLEL WITH AND
52.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES TO)THE WESTERLY LINE OF THE
NORTHWEST ONE-QUARTER OF SAID SECTION 7, A DISTANCE OF 435.34 FEET; THENCE SOUTH
15°32'42" WEST, A DISTANCE OF 51.42 FEET; THENCE SOUTH 02002'58" WEST, ALONG A LINE
PARALLEL WITH AND 40.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES TO) THE WESTERLY
LINE OFTHE NORTHWEST ONE-QUARTER OF SAID SECTION 7, A DISTANCE OF 818.60 FEET; THENCE
SOUTH 89036'38" WEST, A DISTANCE OF 7.01 FEET TO THE POINT OF BEGINNING.
CONTAINING 14,641 SQUARE FEET, MORE OR LESS.
....... ERTIFICATION:
HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN
.~.~.CCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, SET
FORTH BYJTHE FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES·
AND IS TI~UE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE
ANI~,THE/~RIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH,
NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT
WILBUR~.~ DIVINE ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION
REG, LAND SURVEYOR NO. 4190 SHOWN HEREON, THERE HAS BEEN NO FIELD
STATE OF FLORIDA WORK, WEW NG OF THE SUBJECT PROPERTY, OR
DATE: MONUMENTS SET CONNECTION W TH THE
PREPARATION OF TH S ,NFORMAT ON SHOWN
HEREON.
REVISIONS-UPDATES DATE BY CK'D
~-.~,-~_.~ ~ - ~-ct(~ ~JF'=> wF-~ NOTE: LANDS SHOWN HEREON WERE NOT
ABSTRACTED FOR RIGHT-OF-WAY AND/OR
EASEMENTS OF RECORD.
JOB NO.: 95-181 BY: WFD CHECKED: WFD F.B. --- PG. --- SHEET 1 OF 2
JHJ\SRVY\95-181\DESCRIP.9 21
LAWSON,. NOBLE & WEBB, INC.
CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS
420 COLUMBIA DRIVE.~WEST PALM BEACH. FLORIDA
PHONE (407)684-6686
EXHIBIT "A"
/C,4
SEE SHEET I OF e FOR DESCRIPTION ~:::~___,,,/, THIS IS NOT A SURVEy!
ET~' OF~
T~: ~on, NebL= & ~=ciatms, Inc
From: landt~eh Image SVstems
· .. P.
· ' · · · ...
~, ~'Z" ' " ~o
' ~D ~OV~5, !N~." -- ...... -' ""'~
' ~ u~ O= the ~cond Dart. ,
WITN~SET~: That th ' '
etlon of th~ -.- _'a aal~ par~y of ~, ~; .....
derations.paid ~- ~{0.00~llars and Other v
' ~"= reoe&~t of which is ~--~-- -'-=~u~&e
hereb~ grant ~co.the sc=on · ., ·
~erpetual ~emen~ .... d ~=~, ~s s~c~es~r
utmlitv~,,~nt, ........ cve' ..... rzght-o~-w=..~ ~ ..... ~ne uts sand assigns,
r, u o . P ~e of a
~ng described lan~ P-~ unde., throuqh amd across
Bo%n:on Beach and Stare of F~orida, to wit:
_ -, u~=uate, lying and being in ~e'~ity
EAM~[{T D~SCRiPTiON
The East sev~ (7) fee~ of bhe West 40 fe~¢ of bhe North
Range West one43 Eas:.qUarter t~%) of S~atlon 7, To. ship 45 South,
Sai~ easement being along the west side of a parcel of
lard aesCribed as follows:
· 'h~ East one-half of the N'W% ~d ST~% of the ~% of said
Seetio~ 7~ ~wnship 45 South, Range 43 East, City o~ 8cynton
Seach, Palm Bmaoh County, Florida cOnta~uLng 115 6363 acres
L~Ss the East 424. 33 fe~t of the 5%1% of Said Seotion 7, Town-
ship 45 Sou%h, ~nge 43 E containing 26.000 acres more or !ess.
Signed· sealed and delivered ~ the date first ~v~itccn'
In the Presence cf:
· u~zore mm ~hat they ex .... ~-~?~ng znstru~nt ~
(NOTARIAL SEAL)
- *LNW
· · · · · · · · · 00·00
Lawson, Noble & Webb, Inc.
ENGINEERS · PLANNERS · SURVEYORS
January 29, 1996
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Attn: Mr. Pete Mazzella
Re:
NAUTICA SOUND, P.U.D.
Dedication of Right-of-Way for Lawrence Road
L.N. & W. Project No. 95-181
Dear Mr. Mazzella:
G.L. Homes is proposing to dedicate additional right-of-way to Palm Beach County for
Lawrence Road. This dedication is required for the construction of the right turn lane
shown on the Paving & Drainage Plans for the above referenced project currently
under review by the City of Boynton Beach.
The additional right-of-way is encumbered by an easement in favor of the City of
Boynton Beach.
Palm Beach County has requested that the City execute a subordination agreement
for that portion of the easement lying within the proposed right-of-way dedication.
This is a similar situation to the previous right-of-way dedication that was made in
July of last year on the Nautica project. Enclosed is the original subordination
agreement with the attached legal and sketch. Aisc enclosed is a copy of the City's
utility easement and a copy of the previously recorded right-of-way and subordination
agreement.
Please review the agreement and if acceptable to the City, have it executed in the
same manner as the previous instrument.
JHJ\SRVY\95-181 \MAZZELLA. 129
LAWSON, NOBLE 8[ WEBB, INC. 420 Columbia Drive · West Palm Beach, FL 33409 · (407) 684-6686 · Fax (407) 684-1812
LAWSON, NOBLE & ASSOCIATES 590 NW Peacock Boulevard, Suite 9 · Port St. Lucie, FL 34986 · (407) 878-1700 · Fax (407) 878-1802
Mr. Pete Mazzella
January 29, 1996
Page 2
Please call me wl~en ready and we will pick up the original and deliver it to PalmV'-/
Beach County forrecording.
Thank you for your assistance. Please call me should you have any questions.
Wilb'~r F Divine, P.L.S.
Project Surveyor
WFD:jhj
cc: Rick Eisner, G.L. Homes
Ron Last, Lawson, Noble & Webb, Inc.
JH J\SRVY\95-181 \MAZZELLA. 129