R14-044 .. F
1 RESOLUTION NO. R14 -044
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING A CONTRACT FOR SALE AND
6 PURCHASE FOR LAND SWAP WITH DEL LAGO VENTURES,
7 INC., OF ATLANTA, GEORGIA FOR THE RELOCATION OF
8 THE CITY'S LIFT STATION NO. 303; AND PROVIDING AN
9 EFFECTIVE DATE.
10
11 WHEREAS, Del Lago Ventures has assembled and purchased two parcels at the
12 southeast corner of Hypoluxo Road and Seacrest Boulevard in order to construct a new gas
13 station; and
14 WHEREAS, one parcel, owned by Palm Beach County, contained a landlocked City -
15 owned parcel where Lift Station No. 303 is located; and
16 WHEREAS, in order to facilitate the construction of the gas station, Del Lago
17 Ventures is proposing a land swap to relocate the existing Lift Station No. 303; and
18 WHEREAS, staff has made a recommendation that the parties exchange parcels of
19 land, the particulars of which are set out in the Contract for Sale and Purchase.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. The foregoing "WHEREAS" clauses are true and correct and
23 hereby ratified and confirmed by the City Commission.
24 Section 2. The City Commission of the City of Boynton Beach hereby approves
25 and authorizes the Mayor and City Clerk to sign the Contract for Sale and Purchase with Del
26 Lago Ventures, Inc., of Atlanta, GA for the relocation of the City's Lift Station No. 303 and
27 construction of a new lift station in coordination with the construction of a RaceTrac gas
28 station at the Southeast corner of Hypoluxo Road and Seacrest Boulevard, a copy of which is
29 attached hereto as Exhibit "A"'.
apps3 cit cbb \auto \Data \2 l2 \Items \203 \3008 \3846 \Retie_ -_ Race l rat, _Land_S‘roap_ (Lift Station) doL
I t
1 Section 3. That this Resolution will become effective immediately upon passage.
2 PASSED AND ADOPTED this 20 day of May, 2014.
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
8 ) Ayor — .I+ Ta or
9 1 1 1
10
11 j • /
12 Mayor — Joe Casello
15 ) C . 1 .\\ c\i
16 Commissioner — David T. Merker
17
19'
20 ommissioner — Mack Mc' ay
21
23 tr/rg/
24 ' Commissioner — Michael M. zp: trick
25 i
26 ATTEST:
27
78
79 dam' - ti • _
30 Ja et M Prainito, MMC
31 ty Clerk
32 G AS Y tJ 4t
33 - k
34
35 ( •o 1 Seal) _ €
J V
`,\apps3 Lit} gbh', auto' Data \212Utrms \203 \300R 38d6 \Rcso - Race iac 1 and Sap ( Litt _Station ) doe
CONTRACT FOR SALE AND PURCHASE
THIS AGREEMENT is made 4/ , by and between the Seller and
the Buyer as follows:
SELLER: The City of Boynton Beach, a political subdivision of the State of Florida.
ADDRESS: 100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
BUYER: Del Lago Ventures, Inc., a Georgia corporation
NAME (as you want it to appear on deed)
ADDRESS: 3225 Cumberland Blvd., Suite 100
Atlanta, Georgia 30339
1. AGREEMENT TO SELL: Seller hereby agrees to sell and Buyer agrees to
purchase in accordance with this Agreement all that certain real property, together with
all improvements, easements and appurtenances, hereinafter referred to as the "Property",
which is more particularly described as follows:
SEE ATTACHED EXHIBIT "A"
2. PURCHASE PRICE: The purchase price of the Property shall be Eight
Thousand and No /100ths Dollars ($8,000.00) and shall be paid in the form of a cashier's
check payable to Seller at closing or by wire, subject to proration as provided herein plus
closing costs and other associated costs.
Within ten (10) business days after the Effective Date, Buyer shall deliver a
deposit to the title company in the amount of $500.00.
Notwithstanding the foregoing, Buyer shall satisfy its obligation to pay the
purchase price by conveying the "Swap Property" (as hereinafter defined) to Seller at
Closing, in which event the title company shall return the deposit to Buyer. As used
herein, "Swap Property" means that certain real property depicted on Exhibit "B"
attached hereto that is a portion of the property that Buyer recently acquired from Palm
Beach County.
The Buyer is responsible for arranging any necessary financing. The Buyer
acknowledges that this Agreement is not contingent on financing.
3. CLOSING: This Agreement shall be closed and the deed delivered within
thirty (30) days from the Effective Date of this Agreement. The following are additional
details of closing:
Page 1 of 5
A: Time and Place: The closing will be held at the office of a local title
company selected by Buyer, at a time to be mutually agreed upon by the Seller and the
Bu er, although the parties need not be present at Closing.
B. Conveyance: At closing, the Seller will deliver to the Buyer a fully
executed Limited Warranty Deed conveying the Property and any improvements in its
"AS IS CONDITION ", without warranties or representations of any kind whatsoever.
C: Expenses: The Buyer shall pay all costs of closing, and any other
costs associated with this sale other than the costs of Seller's attorneys.
4. REAL ESTATE TAXES, EASEMENTS, RESTRICTIONS AND
ENCUMBRANCES: The Seller agrees to pay all outstanding real estate taxes if any,
prorated up to the day of closing. The Buyer agrees to take title to the Property subject to
zoning and other governmental restrictions, plat restrictions and qualifications, public
utility easements, restrictive covenants and all other easements, restrictions, conditions,
limitations and other matters of record.
5. A: CONDITION OF THE PROPERTY: The Buyer acknowledges that
it has inspected the Property, and agrees to accept the Property in its AS IS
CONDITION" and that the Seller has not made and is not making any warranties or
representations whatsoever relating to the Property, including, but not limited to those
relating to its value, Seller's title to the property, the environmental condition of the
property, the physical condition of the Property, any improvements located thereon, or
the suitability of the Property for any intended use or the legal ability of Buyer to use the
Property for its intended use.
B: Radon Gas: Radon is a naturally occurring radioactive gas that,
when it has accumulated in a building in sufficient quantities, may present health risks to
persons who are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your county public health unit.
6. RISK OF LOSS: Buyer assumes all risk of loss with respect to the
Property from and after the date of execution of this Agreement by the Buyer.
7. DEFAULT: If the Buyer fails to perform any covenants or obligation of
this Agreement, the earnest money deposit paid (the "Liquidated Sum "), or agreed to be
paid, shall be retained by the Seller as agreed upon liquidated damages as consideration
for the execution of this Agreement and full settlement of any claims arising from or
related to this Agreement. Buyer and Seller specifically understand and agree that: i) the
foregoing remedy is intended to operate as a liquidated damages clause and not as a
penalty or forfeiture provision; ii) the actual damages that the Seller may suffer if Buyer
defaults are impossible to ascertain precisely and, therefore, the Liquidated Sum
represents the parties' reasonable estimate of such damages considering all of the
Page 2 of 5
circumstances existing on the date of this Agreement. If Seller fails to perform any
covenants or obligation of this Agreement, the deposit, together with interest thereon at
the rate of 12% per annum, shall be returned to Buyer. In either of the foregoing events,
all parties shall be released from their rights and obligations under this Agreement. The
foregoing shall constitute the sole and exclusive remedies of the parties hereto.
8. SUCCESSORS: This Agreement shall be binding upon and inure to the
benefit of Buyer, Seller, and their respective successors and assigns. All pronouns and
variations thereof shall be construed so as to refer to the masculine, feminine, neuter,
singular or plural thereof, as the identity of the person or persons or as the situation may
require.
9. RECORDING: In no event shall this Agreement or any Memorandum
hereof be recorded in the official or public records where the Property is located, and any
such recordation or attempted recordation shall constitute a default under this Agreement
by the party responsible for such recordation or attempted recordation.
10. ASSIGNMENT: This Agreement may not be assigned by the Buyer,
without Seller's written consent, which may be granted or withheld by Seller in its sole
and absolute discretion; provided, however, Buyer may assign this Agreement without
Seller's consent to an entity controlling, controlled by, or under common control with
Buyer.
11. TIME OF THE ESSENCE: Time is of the essence in the performance of
this Agreement.
12. AMENDMENTS: This Agreement contains the entire understanding and
Agreement of the parties with respect to the subject matter hereof. No amendment will
be effective except in writing signed by all parties.
13. SURVIVAL: The covenants of this Agreement will survive delivery and
recording of the deed and possession of the property.
14. BROKERS & COMMISSIONS: Buyer shall be solely responsible to pay
any real estate commissions or finder's fees contracted for by Buyer. Buyer shall
indemnify and hold the Seller harmless from any and all such claims, whether disclosed
or undisclosed. Seller represents and warrants that no broker has represented Seller in
connection herewith.
15. NOTICES: All notices, requests, demands and other communication
hereunder shall be in writing, sent by U.S. certified mail, return receipt requested, postage
prepaid to the addresses indicated on the first page of this Agreement or to such other
addresses as shall be furnished in writing by either party to the other. All such notices
shall he effective upon receipt, or the date which the postal authorities designate the
notice as undeliverable as evidenced by the return receipt.
Page 3 of 5
16. CHOICE OF LAW AND CONSTRUCTION: This Agreement shall be
governed by, construed and enforced in accordance with the laws of the State of Florida.
Venue in any action, suit or proceeding in connection with this Agreement shall be in a
state court of competent jurisdiction in Palm Beach County, Florida. This Agreement
shall not be construed more strongly against any party regardless of who was responsible
for its preparation or drafting.
If any provision of this Agreement as applied to either party or to any
circumstance shall be adjudged by a court of competent jurisdiction to be void or
unenforceable for any reason, the same shall in no way affect, to the maximum extent
permissible by law, any other provision of this Agreement, the application of any such
provision under circumstances different from those adjudicated by the court, or the
validity or enforceability of this Agreement as a whole.
17. FURTHER ASSURANCES: Buyer agrees to execute and deliver to the
Seller such further documents or instruments as may be reasonable and necessary to
permit, performance in accordance with the terms, conditions and covenants hereof.
18. NON - DISCRIMINATION: The parties agree that no person shall, on the
grounds of race, color, sex, age, national origin, disability, religion, ancestry, marital
status. familial status, sexual orientation, or gender identity or expression, be excluded
from the benefits of, or be subjected to any form of discrimination under any activity
conducted pursuant to this Agreement.
19. NO THIRD PARTY BENEFICIARY: No provision of this Agreement is
intended to, or shall be construed to, create any third party beneficiary or to provide any
rights to any person or entity not a party to this Agreement, including but not limited to
any citizens of Seller or employees of Seller or Buyer.
20. HEADINGS: The paragraph headings or captions appearing in this
Agreement are for convenience only and are not to be considered in interpreting this
Agreement.
21. EFFECTIVE DATE OF AGREEMENT: The Effective Date of this
Agreement shall be the date of Buyer's receipt of a fully executed copy of this
Agreement.
22. EASEMENT;CONVEYANCE OF SWAP PROPERTY: The Buyer
acknowledges that the City currently maintains a sanitary sewer lift station on the
Property ( "Existing Lift Station "). Buyer will construct a new lift station, to replace the
Lift Station, on the Swap Property after Closing (the "Replacement Lift Station "). There
currently exists an easement attached as Exhibit "C ". The easement shall be
released upon the completion of the replacement lift station, and the recording of a
replacement easement to permit the City to operate, maintain and access the
Page 4 of 5
replacement lift station, in a form substantially similar to the easement attached as
Exhibit "C ".
At closing, Buyer shall deliver to Seller a fully executed Limited Warranty Deed
conveying the Swap Property and any improvements in its "AS IS CONDITION ",
without warranties or representations of any kind whatsoever.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
in their respective names on the dates set forth below.
Signed, sealed and delivered Date of Execution by Buyer:
in the presence of: h,c Z? {� , 20 tM
DEL L GO VENTURES, INC., a
Georgi corporation
Ade By:
(Witness)
14;C.1 6r:44 in NAME: ,N1 i l�t•-�
( name) (Print name)
TITLE: Cm
(Witness)
tt ll Maw),
( "Buyer")
Kvr-l- aw),
(Print name) (SEAL)
ATTEST: Date of Execution by Seller:
8 k- 4 /KA/ 3 , 20 4
THE CITY OF BOYNTON BEACH, a
political
subdivision of the State of Florida
B :-? By: r��/i `2.
, Mayor
• }.� _��,
U Y o m
cro ( "Seller ")
tiTp 6 ��� ( p a
CITY ATTORNEY
Page 5 of 5
EXHIBIT "A"
LEGAL DESCRIPTION
LEGAL DESCRIPTION
FOR THE
PROPERTY
QR WALLY RECCWOEV IN D R & 9930, PC. 1J60
EXHIBIT 'A'
[EG4L DESCRIPTION,'
A PORTION OF TRACT 'K; SAN CASTLE FOURTH ADDITION, ACCORDING TO THE PUT THEREOF
AS RECORDED IN PLAT BOOK 26 PAGE 34 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA BEING MORE PARTICULARLY DESCRIDE0 AS FOLLOWS
BEGIN AT THE SOUTHWEST CORNER OF SAID TRACT 'IC; THENCE NORTH 88'3735" EAST ALONG
THE 500TH LINE OF SAID TRRACT K A DISTANCE OF 179 45 FEEL' THENCE NORTH 00'00 00 t
A DISTANCE OF 188.68 FEET TO THE POINT OF BEGINNING, THENCE CONT7NUE NORTH
00'00'00* EAST, A DISTANCE OF 60.32 FEET` THENCE NORTH 8837'35" EAST, A DISTANCE OF
25.00 FEET THENCE SOUTH 00'00'00" WEST, A DISTANCE OF 20.00 FEET; THENCE NORTH
88'37:35" EAST, A DISTANCE OF 2500 FEET; THENCE SOUTH 00'00'00' WEST, A DISTANCE OF
4000 FEET, THENCE NORTH 88'3735" EAST A DISTANCE OF 20 00 FEET: THENCE SOUTH
00'00'00* WEST, A DISTANCE OF 20,00 FEET` THENCE SOUTH 883735" WEST, A DISTANCE OF
14.00 FEET; THENCE NORTH 50•143.3" WEST, A DISTANCE OF 29.91 FEET; THENCE SOUTH
88'3735 WEST, A DISTANCE OF 33.00 FEET TO THE POINT OF BEGINNNNG.
CONTAINING. 3023.38 S0L44RE FEET
' THE INTENT OF THIS SKETCH AND LEGAL DESCRIPTION 15 TO ABANDON A PORTION OF 711E
PREVIOUSLY RECORDED UTILITY EASEMENT AS RECORDED IN OfT /C 4L RECORDS BOOK 9930, '
PAGE 1360, PUBLIC RECORDS OF PALM BEACH COUNTY. FLOR IDA.
VIES.`
1 THIS SKETCH OF LEGAL DESCRIPTION 0013' NOT REPRESENT A BOUNDARY SURVEY
2 THE BEARING BASE OF THIS SKETCH OF LEGAL DESCRIPTION IS N 00 E'
THE MST RIGHT OF WAY LINE OF SEACREST BOULEVARD (PER PLAT),
3. THE INFORMATION WAS PROVIDED BY CREECH ENGINEERS, INC., A BOWMAN CONSULTING CO.
4. ADD /PIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE
SIGN /NC PARTY OR PARTIES 1S PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING
PARTY OR PAR77E5
SURVEYORS CER7FICr4770N:
I HEREBY CERTIFY THAT THE 'S'KETC'H TO ACCOMPANY LEGAL DESCRIPTION" ,
WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND MEETS me MINIMUM
TECHNICAL STANDARDS AS SET FORTH 8Y THE fZOR /Lb4 BOARD OF PROFESSIONAL
LAND SURVEYORS AND MAPPERS IN CHAPTER .15 -17, FLORIDA STATUTES
AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
BELIEF. SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VALID
47INOUT T7IE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A IZORIDA LICENSED
SURVEYOR AND MAPPER
BLOOMS7'L'R 1 ammurair
PROFESSIONAL LAND i ____
SURVEYORS. INC. r1 -s -- Rr��
Pit NORTHEAST PERM STREET
ROBERT 81.00M ✓le ,� p�,
ST�R H BEA FLORIDA 340.57
PROFESSIONAL LAND SURVEYOR NOME 771- 334-0Ms my,
NQ 4134 STATE OF FLOR /LTA
sum 7n ACCOMPANT LI 4L DESCR1P77019' '
AiEPARED flit. y� RM277RACP � f/7ROLC � E pp U4( AC
ERTAX P gp 61EAC71 L1pLym TWO ROAD ,
4 NOT VALID MI7HOVT SHEr 2 0e 2
AV
SKETCH OF DESCRIPTION
FOR THE
PROPERTY
LINdNALL Y RCX,ROEO IN ORB 99X PC 1,760
EXHIBIT 'A'
II
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EXHIBIT "B"
Swap Property
I lk
LEGAL DESCRIPTION
FOR
SWAP PROPERTY
EXHIBIT ' B'
LEGAL DESCR1P17ON,'
A PORTION OF TRACT K; SAN CASTLE FOURTH ADDl170N, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 26, PAGE J4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA. BE7NG MORE PARTICULARLY DESCRIBED AS FOLLOWS'
BEGIN AT THE SOUTHWEST CORNER OF SAID TRACT K; THENCE NORTH BB'3735" EAST ALONG
THE SOUTH LINE OF SAID TRACT "Al A DISTANCE OF 205.00,' THENCE NORTH 46'42'22" EAST,
A DISTANCE OF 90.00 FEET 7t) THE POINT OF BEGINNING,. THENCE CONTINUE NORTH 46'42'22"
EAST, A DISTANCE OF 30,00 FEET; THENCE NORTH 43'1738" WEST, A DISTANCE OF 40.00
FEET THENCE SOUTH 46'42'22" WEST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 43'1738'
EAST, A DISTANCE OF 40.00 FEET 70 THE POINT OF BEGINNING,
CONTAINING. 1200 SOUARE It t l
NOItS:
1, THIS SKETCH OF LEGAL DESCRIPTION DOES NOT REPRESENT A BOUNDARY SURVEY,
2 THE BEARING 84SE OF THIS SKETCH OF L£CAL DESCRIPTION /S N00'00'002
THE EAST RIGHT OF WAY LINE OF SEACREST BOULEVARD (PER PLAT).
3 THE INFORMATION WAS /WOODED BY CR£ECH ENGINEERS, /NC., A BOWMAN CONSULTING CO.
4 A00 /77ONS 0R OELE77ONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE
SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING
PARTY OR PART /£S
SURVEYORS CER1717C47717N..
I HEREBY CE74TTFY THAT THE 'SKETCH TO ACCOMPANY LEGAL DESCR /P770/V"
HAS PREPARED UNDER MY RESPONSIBLE CHARGE AND MEETS THE MINIMUM
TECHNICAL STANDARDS AS SET FORT?/ BY THE FLORIDA 5OARD OF PROFESSIONAL
LAND SURVEYYJRS AND MAPPERS IN CHAPTER J5 -17, FLORIDA STATUTES,
AND 1744T IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
BELIEF SURVEY MAP AND REPORT OR THE COPIES THEREOF ARC NOT VALID
W /THOUT T?/E SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPOP
.LOOMSTER L r
B
PROFESSIONAL LAND r-5 .TT.M1111111111111111
SURV us r - I - V - 1111111••1111111
ROBERT BLOOMSTER JR.
041 AIOItT} fl.1 SPENCER MEET 7 ,�E7t9EN itdRIDA J4067
PROFESSbNAL LAND SURVEYOR � 4
NO. 4134 STATE OF FLORIDA —"
SNITCH TO ACCOMPANY LCOAL Dz3CRIPTION
PREPARED Mt RACE7RAC PIEMOLO.4I4 AYC.
m
SIX L i t PAW A�A�TY, ROAD
NOT VALID AIIHCVT STIEE T 2 Cr 2
SKETCH OF DESCRIPTION
FOR
SWAP PROPERTY
EXHIBIT ' 1'
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or SrcnoN 8-45-43
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/ -- 0,207.34y 0,207.34y S88 J774' -r w aa
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PALM BC'ALf/ LBVTY RECORDS BLOOM S l ER . crnLYAL RECOR05 Boar PROFESSIONAL LAND
Po PAGE' SURYORSLINC.
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0 - OEL rA 641 NORTHEAST FENCER STREET
S ..PLAT M P 401E 7n-334-0S611 FL DA 87
S T 2 Of s 7"..409 /
NOT YALA7 NITNOUT SHIFT j OF Z
EXHIBIT "C"
Form of Easement
PREPARED BY AND RETURN TO:
PgTERaANnNO 1;U i?� -'t99T 3:1 m '4?- -25Z 37'�
PBG PROPS * v ESTATE MANAGEMENT MISSION
OREI qg31:1 p9 1 358
WEST P i6VED - ' • BUILDING
M OB WO f AV IASI inlet 1111
WE - - , • ORID MOO
PCN: 00.4 .` , 1 1-017 -0010
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R97 . 86 4 0
1(jl
L, r UTILITY EASEMENT
y r . l7
THIS INDE made this day of 1997 between PALM BEACH
COUNTY whose maili ,_ •ress is 301 North Olive Avenue, West Palm Beach, Florida
33401 -4705, (herel = 40,.1 red to as "Grantor'), and the CITY OF BOYNTON BEACH,
whose mailing addres -`(- 18bt E. Boynton Beach Blvd, Boynton Beach, Florida 33435
(hereinafter referred to a= r,, te ").
( WITNESSETH:
That Grantor, for and in .Q deration of the sum of Ten Dollars ($10.00) in hand
paid by the Grantee and other goored valuable consideration, the receipt of which is
hereby acknowledged, does hereb)t to the Grantee, its successors and assigns, a
perpetual utility easement upon the r • ; 1•erty legally described in Exhibit "A" attached
hereto (the "Easement Premises "). ' - - -ement shall include the right at any time to
install, operate, maintain, service, cons r remove, relocate, repair, replace,
improve, expand, tie into, and inspect a8d wastewater lines and appurtenant
facilities and equipment in, on, over, und 1• =cross the Easement Premises.
V .. -.1* .:
IN WITNESS WHEREOF the Grantor aused this Utility Easement to be
executed as of the day and year first above wnttbi. )� �,
ATTEST: is
DOROTHY H. WILKEN, CLERK PALM BEAC ' OONTY, FLORIDA BY ITS
BOARD 6 F C� j;3, ■MMISSIONERS
v 00 40 1 7 0 ?" ,
By. 1/
-Ole Deputy Clerk Chalrma • .'hair)
_
NI jr'sen 4. P'�ttire Date: JUL 1 -,4
Print Name
(OFFICIAL SEAL)
_--01.9.9R11;!,,, ,
APPROVED AS TO FORM AND 1 V;
LEGAL SUFFICIENCY 5 COUNTY, m� ,ei
ii '`; OH1� ` SOS
, ,, D ,,, ,,,
A latent unty Attorney
Howard J. Falcon, 111
mmlipbGeynton.w•
OS29/07
- „�. =.,.., — ■
j Exhibit "A" - page 1 ■
CITY OF BOYNTON BEACH UTILITY EASEMENT
OM 9930 Ils 1359
A TWENTY -FOOT STRIP OF LAND FOR UTILITY EASEMENT PURPOSES IN FAVOR OF THE CITY OF
BOYNTON BEACH IN SECTION 9. TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND TWENTY (20.0) FEET IN WIDTH LYING TEN (10) FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTERLINE. COMMENCE AT THE SOUTHWEST CORNER OF A PARCEL
DESCRIBED I COUNTY DEED AS RECORD IN O.R.8. 4769. PAGE 1559, OF THE PUBLIC
RECORDS OF D PALM BEACH COUNTY; THENCE SOUTH 89•18'09" EAST ALONG THE SOUTH
LINE OF , ' 'S RCEL A DISTANCE OF 33.00 FEET: THENCE SOUTH 48.10'17" EAST ALONG
THE SOU ' IN + A REVISED PARCEL . (SEE PALM BEACH COUNTY DRAWING # S -1-97 -1134 ON
FILE IN THE -' ICE OF THE COUNTY ENGINEER) A DISTANCE OF 29.91 FEET; THENCE SOUTH
89 kSI L�VG SAID SOUTH LINE OF THE REVISED PARCEL A DISTANCE OF 2.56
FEET TO THE \O I' OF BEGINNIK; THENCE SOUTH 2 WEST A DISTANCE OF 71.77
FEET TO A POIaQ3 BE HEREINAFTER REFERRED TO AS REFERENCE POINT "A" ; THENCE
NORTH 89 )EKST TO THE SOUTHEAST LINE OF TRACT "K ". SAN CASTLE FOURTH ADDITION
AS RECORDED IN LAT- OOK 26. PAGE 34, OF THE PUBLIC RECORDS OF SAID PALM BEACH
COUNTY A DISTANC P' 3.22 FEET TO THE POINT OF TERMINATION 1. THE SAID POINT OF
TERMINATION BEARS'�,� 48 EAST. A DISTANCE OF 145.2T FEET ALONG THE
SOUTHEAST LINE OF I TRACT "K" FROM THE SOUTHEASTERLY CORNER OF SAID TRACT "K ".
TOGETHER WITH: �`",,J
A STRIP OF LAND TWENTY , b FEET IN WIDTH LYING TEN (10.0) FEET ON EACH SIDE
OF THE FOLLOWING DESCRIBED., ERLINE. BEGINNING AT THE AFOREMENTIONED REFERENCE
POINT "A "1 THENCE SOUTH 2 8" WEST. A DISTANCE OF 11.18 FEET; THENCE SOUTH
27 WEST TO THE SOU LI OF TRACT "K ". SAN CASTLE FOURTH ADDITION AS
RECORDED IN PLAT BOOK 26. P,g4:1* OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY
A DISTANCE OF 94.39 FEET TO je'POINT_9F TERMINATION 2. THE SAID POINT OF
TERMINATION BEARS NORTH 89 !-WEST, A DISTANCE OF 8.41 FEET ALONG THE SOUTH
LINE OF SAID TRACT "K" FROM TH SOIHEASTERLY CORNER OF SAID TRACT "K ".
r
THE SIDELINES ARE TO BE SHORTENED..( Q ENGTHENED TO TERMINATE AT THE TRACT
BOUNDARIES. "--°'
BEARING BASE: ( .. — '
ALL BEARINGS SHOWN HEREON ARE GRID NOR ; (1990 ADJUSTMENT) FLORIDA
EAST ZONE; THE SOUTH LINE OF SAID TRACT "�8ARS N 89 W. AND ALL OTHER
BEARINGS SHOWN HEREON ARE RELATIVE THERE ¢1
THIS INSTRUMENT PREPARED BY NORMAN J. HOWARt 'S .. FLORIDA CERTIFICATE
#0492. ST 03, UNDER THE DIRECTION OF JOHN A 440AN. P.L.S.. FLORIDA CERTIFICATE
#4733 IN THE OFFICE OF THE COUNTY ENGINEER. PALM CH COUNTY ENGINEERING.
I B
SURVEY SECTION. 160 AUSTRALIAN AVENUE, WEST PALH. FLORIDA. 33406
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL �A2bF A FLORIDA LICENSED
SURVEYOR AND MAPPER. ` =' -%
' i ! I s ,,,smoy, .... . - A
0 CITY OF BOYNTON BEACH i l ' '�'3l j ^ . AND wwc Tom
N' �' UTILITY LA9EYBNT IF 2. . ,_: `- " ENGINEERING SERVICES
n • r g ? i u.
eo. «.w r e.... »» <'_ auu� ANIMUS
P \E0 \97 009001. 967 8 ' P*LM swam
s, - .. � - . A J - ' J
t Exhibit "A "- -
' UM 99i 3O ?9 36Z ' ;
1301WITIT ff. fiff. n+ CLERK 1 MUM Ifl'4 ft
LEGEND
THIS IS NOT A SURVEY P.B. = PLAT BOOK
P. = PAGE
POC = POINT OF COMMENCEMENT
POB = POINT OF BEGINNING
POT = POINT OF TERMINATION
w VACANT
is , N89 09 "W LOT
4r-. 25.00 25.00' TRACT K
L ET � 0 N N2 16 " 3 E SAN CASTLE LOT 32
BLOC � z ° 20.00' FOURTH ADDITION 40 BLOCK
8
P • % � 1 N89'18' 09 "W o P.B. 1
\ C 1 A, • • 25.00 N P.34
- N2.04' 1641 in
4 %45' . • • 40.00'
N
��^'� ": N89 'W o
179.45'_ _ c 2 0.00' °
• N2 16 "E '
- ! • • • • • 20.00'
SOUTH .. P0B -- S89 'E
CORNER e , • , 14.00' • • PARCEL / )r 2.56' 11.44' •
DESCRIBED 1 / " 71.77'
ORB 4769. - S48.10'17 "E S2
TRACT PAGE 1559 ;,_ 29.91' . Na
ORB 8540. Co
PAGE 1853 C"8109°E 0` MANHOLE 42; A 11. ` "` N89 35 "E G, �
NOTE -1 �3 '� POT 1
�
THIS LINE WAS REVISED S w MAN • : PO NT NCE CENTERLINE OF 20'
I N CORRECT I YE DEED. X1,5? , ; NA "' e 0 :\ UTILITY EASEMENT
PALM BEACH COUNTY
DRAWING # S -1-97 -1134 i 3/4. � ph*
p el ON FILE I N THE OFFICE o 4 � , . , " 1 v
OF THE COUNTY ENGINEER. z •y ` t'' ;�
a-cP co E l � o. r, ) � TRACT J N
- _� f ( ice, / SAN CASTLE
- • w <(. FOURTH ADDITION
o � 25.56
N N 89• 18'09 'W 8.41'
• a POT 2 (a
MANHOLES AS SHOWN ON t� 4 1 • y �, '' , `r tiJ •
PALM BEACH COUNTY
t _ . -
DRAWING # 5 -1 -9T -1130 I 4? `. -. -F
A S
��..°"" 009- 001r -1-97- -1135' CITY OF BOYNTON BEACH UTILITY EASEMENT f' 2 a' 2