R95-103RESOLUTION NO. R95-/,~.~
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 6099, AT PAGE
1506 (LAWRENCE ROAD - NAUTICA P.U.D.} SHALL BE
BORNE BY THE COUNTY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach currently owns and maintains a large
diameter gravity sewer located in an easement along the west side of Lawrence Road
between Miner Road and the L-21 canal; and
WHEREAS, Palm Beach County is requiring the developer of Nautica 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 6009, at page 1506 (Lawrence Road - Nautica P.U.D.)
shall be borne by the County, a copy of said Agreement being attached hereto as
Exhibit "A".
_$_e_c_tJ_o._0_~. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this ~ day of July, 1995.
ATTEST:
Cit,~ Clerk
Mayor j
Vice yayor ,~'"'~.~
May~(:~r:0 'i'em
~miss~nef'
Return to:
Right-of-Uay Acquisition Section
Name: Palm Beach County Engineering
Post Office Box 21229
Address: ~/est Palm Beach, FLorida 33416
At tn: ICAT ZIMHERMA#
Acct, No.: 001'~d3-4240-4921
This Instrta~ent Prepared by:
Name: Paul F. King, Assistant County Attorney
Palm Beach County
Address: Post Office Box 21229
I~est Palm 8each:, FLorida 33416
P.C. Ho.: 08-42-~5-13-00-000-102.0
. SPACE ABOVE THIS LINE FOR PROCESSlHG OATA
Project No.:
Project Name: LAWRENCE ROAD
Parcel No.: 94-235
SPACE ABOVE THIS LIHE FOR PROCESSING DATA
SUBORDINATION OF ENCUMBRANCE TO PROPERTY
RIGHTS TO COUNTY OF PALM BEACH, FLORIDA
KNOll ALL MEH BY THESE PRESENTS: That ~hereas it is proposed by the COUNTY OF PALM BEACH to Locate, construct, maintain,
and/or improve a portion of LA~/RENCE ROAD in Palm Beach County, FLorida, in accordance uith survey and plans on file in
the Office of the County Engineer; and,
and, ~ItEREAS, a portion of the Lands involved and necessary to said projects is subject to an easement held by the undersigned;
~HEREAS, on behalf of the County of Palm Beach, a request has been made for the undersigned to subordinate said encurbrance
to the property rights of the County of Palm Beach in and to the portion of the premises hereinafter described;
NOg THEREFORE, UITHESSETH: That for and in consideration of the premises and One($1.00)Oo[Lar and other good and valuable
considerations, paid, receipt of ~hich is hereby acknowledged, the undersigned subordinates said enct~brance to the property
rights of the County of Palm Beach, F[oride, to Locate, construct, maintain and/or improve said project over, through, under
and/or across the following described [ands, being a portion of the encumbered premises in Palm Beach County, FLorida, to-uit:
See Exhibit ..A# Attached Hereto and Made A Part Hereof
insofar as said premises are affected by the foLLouing described enctmbrsnce nc~ held by the undersigned:
NATURE OF
ENCUMBRANCE DATE
Easement 06-01-89
FROM OR AGAINST
Boynton Nurseries,
a Florida General
Partnership
IN FAVOR OF
City of Boynton
Beach
RECORDED
BOOK - PAGE
OR6099 - 1506
Provided that the costs of relocation or removal of any facilities owned by
the easement holder within the easement area shall be borne by the County.
PROVIDED, AL~IAYB, NEVERTHELESS, and it ts expressly understood and agreed that this instrument subordinates said
encumbrance insofar as same affects the rights and privileges of the County of Palm Beach in its use of the Land specifically
above described for high,ay purposes only, and that nothing herein contained shall in any way attar, affect, impair, minimize
or climfnish the effect of said encumbrance or the remedies at tau or in equity for recovering thereunder, or against the parties
charged thereby, the full amount of alt sums secured by and/or under the same. It is further understood and agreed that in the
event said above described premises are abandoned by the County and cease to be used for high,ay and maintenance purposes that
in such event the subordination of said encumbrance shall terminate in and to such portion abandoned and no longer used as
aforesaid, and the encurbrance shall become of the same status ~ith reference to such abandoned portion as if the subordination
has never been made.
LAWSON, NOBI, E'~&- A-~!i-~iiOCIAi-E$, INC.
CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS
420 COLUMBIA DRIVE, WEST PALM BEACH, FLORIDA
PHONE (407) 684-6686
EXHIBIT "A"
LEGAL DESCRIPTION: ADDITIONAL ROAD RIGHT-OF-WAY FOR
LAWRENCE ROAD
BEING ALL OF TRACTS C AND F, NAUTICA PLAT ONE, IN THE CiTY OF BOYNTON
BEACH AS RECORDED IN PLAT BOOK '~-. PAGES ~'70 THROUGH [-/~OF THE PUBLIC
RECORDS OF PALM BEACH cOUNTY, FLORIDA.
CONTAINING 0.151 ACRES MORE OR LESS.
CERTIFICATION:
I HEREBY/CERTIFY THAT THE DESCRIPTION AND ATrACHED SKETCH OF DESCRIPTION WERE PREPARED IN
ACCOR~A~ICE WITH THE SURVEYING STANDARDS, CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE,
SET
FORTH ~THE FLORIDA,,BOARD OF LAND SURVEYORS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES,
/~ND IS/TJ~LIE _A,I~I~ CO~JE(~T..~O THE BEST OF MY KNOWLEDGE AND BELIEF.
/ /"/,I ,-.-' -:--:%,.'- -
WlLB-----~R F. DIVINE',; ./.... NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT
REG. LAND SURVE;YOR N{~, ~t.190 - -
STATE OF FLORIDA'~ ';~ ~ .;'~.~ ~
DATE' ,../ .... ~- -: ;:;;r- .., :.,~-~
REVISIONS-UPDATES.,,
JOB NO.: 94-235
ZRP\SRVY~SK ETCH~94- 235
i ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION
SHOWN HEREON. ~.THERE HAS BEEN NO FIELD
WORK, VIEWING OF THE SUBJECT PROPERTY, OR
MONUMENTS SET IN CONNECTION WITH THE
PREPARATION OF THIS INFORMATION SHOWN
DATE I , HEREON
BY CK D · '
I ~"NOTE: LANDS SHOWN HEREON WERE NOT
-]-' · ABSTRACTED FOR RIGHT-OF-WAY AND/OR
I ~ I EASEMENTS OF RECORD..
iBY: · m
WFD
LAWSON, NOBLE & ASSOcIATEs,' INc.
CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS
420 COLUMBIA DRIVE. WEST PALM BEACH. FLORIDA
PHONE (407)684-6686
EXHIBIT "A' THIS IS NOT A SuRvEY!
FOR DESCRIPTION
'/J A U T/CA
SEE SHEET J OF ~
SUBORDINATION OF ENCUMBRANCE
PAGE TWO (2)
(CORPORATION)
Project No.: 94-235
Parcel No.:
IN WITNESS WHEREOF the said holder of said encumbrance has duly
executed this instrument this ~ day of ~ A.D., 19~
Signed, sealed and delivered in the presence of:
(2 witnesses required by Florida Law)
Typed or printed name of witness
APPROVED AS TO FORM:
- ,~Q- CITY Ai'TORNEy
Cit¥Of Boynton Beach
Typed or printed name of Corporation
Typed /or printed name of witness
BY:
Its MAYOR
GERALD TAYLOR
Typed or printed name of /~/~
(CORPORATE SEAL)
STATE OF
COUNTY OF
City of Boynton Beach
P. O. Box 310, Boynton Beach, FL 33425
Mailing address
ATTEST:
Its~ ~/;-~
Typed or printed name of..~
~ Before me, the undersigned authority, this day personally appeared
e~z4~b'[-A~l°~ and Suz~N,~ ~. ~U~ ~
who are pers6nally known to me or who have produced
as identification and who did/did not take an oath and who executed the
foregoing instrument as and
respectively, of 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.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official
seal this 7 day of /~_ , A.D., 19~--.
(NOTARIAL SEAL)
~o~ary ! ' in and for. the
~untv and St~t~
Typed or printed name of Notary Public
265-LGL
Rev. 11/94
My Commission expires:
.... . ....... . ...,.. :. 4..~. ~