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R90-175RESOLUTION NO.R90-/75- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE CERTAIN LICENSE AND EASEMENT AGREEMENTS BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND LIGHTHOUSE SQUARE MARINA; A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS COMPOSIT~E EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO~4IS$ION )F THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The Mayor and City Clerk are hereby [irected to execute certain License and Easement Agreements ~etween the City of Boynton Beach, Florida and Lighthouse Square Marina, said Agreements being attached hereto as ~omposite Exhibit "A". Section 2. This Resolution Lmmediately upon passage. shall take effect PASSED AND ADOPTED this November, 1990. BEACH, FLORIDA ~TTEST: Mayor Commissione~ I(Corporate Seal ) 11/05/90 9:22 9(]--352209 GRANT OF LICENSE BY CITY OF BOYNTON BEACH TO J & J VENTURES OF FLORIDA TH~£G~NT of a license executed and delivered this day of ~ 1990 by the City of Boynton Beach, a Florida municipal corporation, located in Palm Beach County, Florida [BOYNTON or GRANTOR] to J & j Ventures of Florida, a Florida general partnership [Jj or GRANTEE]. WHEREAS, BOYNTON either owns a parcel of real property in fee simple or has an interest in a parcel of real property which is described on Exhibit F attached hereto; and WHEREAS, JJ owns a parcel of real-property in fee simple and more particularly described on Exhibit B attached hereto. NOW, THEREFORE, in consideration of the sum of Ten Dollars (410.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by BOYNTON, BOYNTON has granted, bargained, conveyed and sold to JJ, its grantees, heirs, successors, assignees and nominees forever, a perpetual non-exclusive license ~o use the real property described on Exhibit F for the following uses: Parking the vehicles and boats of JJ and the vehicles and boats of the guests, licensees and invitees of JJ. JJ a5 its own expense shall maintain the license and the property upon which the license is located in a good state of repair. JJ shall indemnify and save harmless and defend BOYNTON, its agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, ommission or negligent act of JJ, its agents, servants or employees in connection with or related to its use under this agreement of the real property described on Exhibit F. JJ further agrees to indemnify, save harmless and defend BOYNTON, its agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of any conduct or misconduct of JJ not included in the above paragraph and for which BOYNTON, its agents, servants or employees are or are alleged to be liable. Neither BOYNTON nor any agent, servant or employee of BOYNTON shall be liable to JJ for any loss, injury or damage to JJ or co any other person or co its or their property, irrespective of the cause of such injury, damage or loss. JJ shaI1 maintain adequate insurance on against property damage and public liability and proof of such insurance to BOYNTON upon its request. its property shall provide BOYNTON presently has various utility pipes buried in the property described on Exhibit F. In the event BOYNTON is required to repair or maintain the utility pipes and as a result of the repair or maintenance, BOYNTON removes material and improvements located above the pipes, JJ will replace the base soil and repave the surface area. JJ at its expense may construct and maintain a parking lot on a portion of the real property described on Exhibit F. The parking lot will be constructed in accordance with the site plan of the real property approved by the City Commission of the City of Boynton Beach and as modified by the staff of the City of Boynton Beach. 5647P -1- 11/05/90 The grant of the license shall be binding on and inure to the benefit of the parties hereto, their grantees, heirs, successors, assignees and nominees. This document cannot be modified, amended or terminated without the prio~ written approval of the parties to this Agreement and the prior approval shall be executed with the same formalities and be of equal dignity with this Agreement. IN hands and seals the day and year Signed, sealed and delivered in the presence of: WITNESS WHEREOF, the parties hereno have see their first written~Je. CITY OF ~ N~//N' BEACH. a Fl~ ~T~a~ n~~~o r~- ~s~/ ~YOR, GENE MOORE J & J VENTURES OF FLORIDA, a Florida General Partnership Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this /~ day of /~/~z/~/~__~ , 1990, by , the ~C/, ~-~ of the City corporation.Beach' a Florida Municipal corporation,on behal~:~. '~''~', .i.~ff.~ , ..... -~ sa.x.~'~ .: STATE OF The foregoing instrument was ac~wledged bef~ore me - this ~ day of ~c_~[ , 1990, by ~z.~ ~- ~-YL ~ , the (O~L//[/~ of J & J Ventures, a Florida general partnership, on behalf of sai~tnership. Public/- ~ 5647P Notary My commission expires: -2- 666?~ 97 JOHN A. GRANT, JR.; INC ~ ~- ~1~333 H. FEDERAL HWY, CONSULTING ENGINEERS & SURVEYORS IDeA RATON, FLORIDA _C; SKETCH." OF I" A,;'PORTION OF ORANGE GROVE AVENUE SECTION 27, RI GHT. OF-- WAY / TOWNSHIP 45 SOUTH, RANGE 4;3 EAST BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA L~r p'~ ~ 14- ~n~ ~..~o.~o w~ ....... Checked ~y ~ F,B, ~ ~.~, J",50' Job No. Sheet I ~ 2 ~.T.~. 6667 JOHN A. GRANT, JR., INC. COnsulting Engineers 3333 North Federal Blghway Boca Raton,~Florida 33431 JG 100-4914-WX september 18, 1990 Sheet 2 of 2 LEGAL DESCRIPTXON A PORTION O~ OPJ~NGB GROVE AVENUE RIGHT-UP-WAY A parcel cf land lying in Section 27, Township 45 South an East, City of Boynton Beach "a'- -'1-~ - - _ ~ ~ ge 43 · ,, = ~-~ ~u~ufl uOUn:y Florida sa' land bezng a portion of OranGe Grove ~ ......... ~-- _~ .1~ of CASA LUNA, as recorded in Plat Book ~ Records of Palm Beach County, Florida~ said Pageland3 of being the PubliC, ore particularly described as followm~ COMMENCING et the Southwest corner of ~Ot 13 Of aforesaid of CASA LO~IA, ~a!d ~oint l"in- -~ 2~_ ._~ . ~lat ....... ~ ~ ~ ~ ~a. ~n:ereectlo~ of the North ofrzgn:'°z-WaYorange Grove line Avenue; of Ocean Avenue an8 the Bast right-of-way line TBBNCE with a bearing of S. 890 53' 50" W,, along the North right-of-~ay line of ocean Avenue a distance of 22.51 feet tO the Point of'Beglnn~ng. T~BNCS with a bearing of N. 020 01' 43" W., alon~ a line lying 2~.$0: feet WesE of and parallel to the west line of Lots 12 and 13 of said plat of CASA LUNA and the East rlph~-of-way line of Orange Grove Avenue, a distance of 250.01 fcet to a point lying on the Westprly extension of the South right-of-way line of Casa Loma Boulevard; T~ENCE with a bearing of S. 89° 56' 20" W., along said'Western extension of the SOuth right-of-way line of Casa-Loma Boulevard, a dis;enos of 2.50 feet to a point, on the West right-of-way line of Orange Grove Avenue and'the EaSt line of Lot 42 of DEWEY'S SUBDIVISION, as recorded in Plat Book 1, Records of Palm Beach County, Florida. Page 37 of the Public T~NCE with a bearing of ~. 02° 01' 43' E., along the West right- of-way line of Orange Qrove Avenue and the Eas~ line of said Lot 42, a distance of 250.01 feet to the Southeas~ corner of said Lot 42 and the North right-of-way line of ocean Avenue; THENCE with a bearing of N. 89° 53' 50" E., along the North right-of-way line of Ocean Avenue, a distance of 2.50 feet, more or less, to the ~oint of Beginning, Containing 625 Square feet (0.014 AG.), more or less, and subject. to easements and rights-of-way of record. Bearings based on an assumed bearing of due ~{est along the North line of SeCtion 27. t0:44 _~M ,VERNS ELECT 95-3315 PO2 O~ 6~7P~ ~ ~.'~3 N. FEDERAL HWY. SKETCH' jOHN A. GRANT, JR., /NC. CONSULTING ENGINEEI~$ & SURVEYORS BOCA t&fON, FI. OltlDA OF ORANGE GROVE RIGHT -- OF -- WAY SECTION 2~ TOWNSHIP 45 SOUTH; RANGE 45 ~T. BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA EXHIBIT f Lo~ ~ AVENUE LoUITIOt) ,, Lo?f~o~ ~ t~.T,~. 25. 9O AM *VSRNS SLECT 395- 315 IQ0 EXHIBIT f JOHN A. GRANT, JR., INC. consulting Engineers 3333 North Federal Highway Boca RetCh, Florida 33431 JG 100-4914-WX September 18, 1990 sheet 2 of 2 LEGAL DESCRIPTION ORANGE GROVE AVENUE RIGHT-Of-WAY A parcel of land lying in Section 27, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach county~ plorida, said land being a portion of orange ~rove Avenue as shown on the plat of CASA LOMA, as recorded in Plat Book ll~ page 3 of the Public ~eccrds of palm ~each County, Florida and said land being more particularly described as follows~ BEGINNING at the Southwest corner of Lot 13 of aforesaid plat of CASA LOMA, said point lylng at the inte:section of the North right-of-way line cf ocean Avenue and the ~ast zight-of-way line of Orange GrOVe Avenue; THENCE with a bearing of N. 0~° 01~ 43" W., along the west line of Lots 12 and 13 o~ said plat of CASA LOMA and the Bast right- of-way line of orange ~rove Avenue, a distance of ~49.99 feet to the Northwest oorne£ of said Lot 12 and also at the intersect~on of the South right-of-way line of CaSa Loma Boulevard with the East r~ght-of-way line of Orange Grove Avenue~ THENCE with a bearing of S. 89° 56' 20" W., along the western extension of the North line of said Lot 12 and the SOUth right- of-way line of Casa Loma Boulevard, a distance of 25.01 feet to a point, on the WeSt right-of-way line of Orange ~rove Avenue and the East line Of Lot 42 of DEWEY'S SUBDIVISION, as recorded in Plat Book ~ page 37 of the Public Records of Palm Beach county, FlOrida. THENCE with a bearing of S. 02° 01' 43' E., along the west right- of-way line of orange GrOVe Avenue and the East line of said Lo: 42~ a distance of 250.01 feet to the Southeast corner of said Lot 42 and the North right-of-way line of Ocean Avenue; T~ENCE with a bearing of N. 89° 53' ]0" E., along the Nozth right-of-way llne of ocean Avenue, a distance of 25.01 feet, more or lessr to ~he Point of Beginning. Containing 6,249 square feet (0.143 Ac.), more or less, and subject to easements and rights-of-way of record. Bearings based on an assumed bearing of due west along the NOrth line of Section 27. ~-~333 N. FEDERAL HWY. JOHN A. GRANT, JR., INC. CONSULTINGENGINEERS & SURVEYORS SKETCH OF' BOCA RATON, FLORIDA PARCEL A PORTION OF INTRAOOASTAL WATERWAY, AND A PORTION OF LOTS 37, ,38, 39 AND 42 OF DEWEY S SUBDIV I S ION SECTION 27, TOWNSHIP 45 SOUTH, RANGE 43 EAST BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA L. 40 L. 41 EXHIBIT B Checked By. F.B. ,~ Pg. S¢ole. F:?,oo Job No. ~&100'4~14-~I, Sheet I of 2 EXHIBIT B JOHN A. GRANT, JR., INC. Consulting Engineers 3333 North Federal Highway Boca Raton, FL 33431 JG 100-4914-WX September 28, 1990 Sheet 2 of 2 LEGAL DESCRIPTION PARCEL 1: Lots 37 and 38 in DEWEY'S SUBDIVISION, as recorded in Plat Book 1, page 37, Public Records of Palm Beach County, Florida~ LESS the right-of-way of Casa Loma Boulevard and LESS the right-of-way of Qrange Grove Avenue as shown on the plat of .CASA LOMA, as recorded in Plat Book tl, Page 3 of the Public Records cf Palm Beach County, Florida. T6G~T~ER WITH: PARCEL 2: The East Half of Lot 39 and the East Half of Lot 42 in DEWEY'S SUBDIVISION, as recorded in Plat Book 1, ~age 37, of the Public Records of Palm Beach County, Florida, LESS the South 30 feet of said Lot 42 as shown in Deed Book 341, Page 188. ALSO TOGETHER WITH: PARCEL 3: That part of Section 27, Township 45 South, Range 43 East, Palm Beach County, Florida, described as follows: COMMENCE at the Southeast corner of Lot 37, DEWEY'S SUBDIVISION, according to ~he Plat thereof recorded in Plat Book 1, Page 37 of the Public Records of Palm Beach County, Florida; THENCE with a hearing of North 07° 11' 19~ East, along the East line of said Lot 37 and along the West right-of-way line of the Intracoastal waterway, a distance of 25.20 feet to the Point of Beginning, said Point lying on a line 25.00 feet North of and parallel with the South line of said Lot 37; THENCE with a bearing of North 89© 56' 20" East, along a line lying 25.00 feet North of and parallel with the South line of said Lot 37, a distance of 33.85 feet to a point; THENCE with a bearing of North 05© 44' 40" East, a distance of 142.01 feet to a point; THENCE with a bearing of North 82o'48' 41" West, a distance of 30.00 feet to a point, said point lying on the East line of said Lot 37; THENCE with a bearing of South 07© 11' 19" West, along the East line of said Lot 37 and also the West right-of-way line of Intracoastal Waterway, a distance of 146.24 feet, more or less, to the Point of Beginning. ALSO TOGETHER WITH: That 15.00 foot wide tract abutting and lying immediately North .of said Lots 37, 38 and the East half of Lot 39 in DEWEY'S SUBDIVISION. Bearings based on an assumed bearing of due West along the North line of Section 27. RECORD VERIFIED PALM BEACH COUNTY, FLA JOHN B. DUN~LE CLERK CIR(GMIT COURT 11/05/90 6667 1(]7 GRANT OF LICENSE BY CITY OF BOYNTON BEACH TO J & J VENTURES OF FLORIDA THI~ GRANT of License executed and delivered this /~ day of ~~ 1990, by the City of Boynton Beach, a Florida municipal corporation, located in Palm Beach County, Florida [BOYNTON or GRANTOR] no J & J Vennures of Florida, a Florida general partnership [jJ or GRANTEE]. WHEREAS, BOYNTON owns a parcel of real property in fee simple and more particularly described on Exhibit C attached hereto; and WHEREAS, JJ owns a parcel of real property in fee simple and more particularly described on Exhibit B attached hereto; NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the ~eceipt and sufficiency of which is hereby acknowledged by BOYNTON, BOYNTON has granted, bargained, conveyed and sold to JJ, its grantees, heirs, successors, assignees and nominees forever, a license to use the following described real property located in Palm Beach County, Florida and for the following described uses: A perpetual non-exclusive license to use property described on Exhibit C for the following uses: the real 1. Ingress and egress for vehicular and pedestrian traffic to all of the real property of J~ which is adjacent to the property of BOYNTON described on Exhibit C. 2. Install such utilities either above or below the ground which JJ in its sole discretion shall deem appropriate provided, however, the installation of the utilities is in compliance with the site plan of the real property as approved by the City Commission of the City of Boynton Beach and as modified by the staff of the City of Boynton Beach. 3. Install such street lighting as JJ in its sole discretion shall deem appropriate provided, however, the installation of ~he utilities ls in compliance with the site plan of the real property as approved by the City Commission of the City of Boynton Beach and as modified by the staff of the City of Boynton Beach. 4. Make such other improvements to the real property described on Exhibit C as JJ in its sole discretion shall deem appropriate provided, however, the installation of the utilities is in compliance with the site plan of the real property as approved by the City Commission of the City of Boynton Beach and as modified by the staff of the City of Boynton Beach. JJ at its expense shall pave the ~eal property described on Exhibit C; paint automobile parking stripes on the ~eal property; install wheel stops on the leal property. JJ at its own expense shall maintain the license, the ~mprovemenss, and the property 5644P 11/05/90 upon which the license is located in a good state of repair subject, however, to the limitations contained in this a~reement. JJ shall indemnify and save harmless and defend BOYNTON, its agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, ommission or negligent act of JJ, its agents, servants or employees in connection with or related to its use under this agreement of the real property described on Exhibit C. JJ further agrees to indemnify, save harmless and defend BOYNTON, its agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of any conduct or misconduct of JJ noc included in the above paragraph and for which BOYNTON, its agents, servants or employees are or are alleged to be liable. Neither BOYNTON nor any agent, servant or employee of BOYNTON shall be liable co JJ for any loss, injury or damage to JJ or to any other person or to its or their property, irrespective of the cause of such in3ury, damag~ or loss. JJ shall maintain adequate insurance on its property against property damage and public liability and shall provide proof of such insurance to BOYNTON upon its request. BOYNTON presently has various . utility pipes buried in the property described on Exhibit F. In the event BOYNTON is required to repair or maintain the utility pipes and as a result of the repair or maintenance, BOYNTON ~emoves material and improvements located above the pipes, JJ will replace the base soil and repave the surface area. 5. This document cannot be modified, amended or terminated without the prior written approval of the parties to this Agreement and the prior written approval shall be executed witk the same formalities and be of equal dignity with this Agreement. I~ WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. Signed, sealed and delivered CITY OF BOY/3~ BEACH, in the presence of: a Florid~l'cipal~rporation MOORE D AS T ORM: ./ 11/05/90 STATE OF /~.~,.~,~ COUNTY OF ~~,~ this Beach· a Florida .corporation. The foregoing instrument was acknowledged before me /~ day of ~, 1990· by ~_.,/~////~ · the /~//.~.~ of the City of Boynton Municipal corporation, on behalf of said No t~Fr y Publi~ -- My commission expires: STATE OF ~ie~/~'~t__ COUNTY OF ~.~ ~ this partnership The foregoing ir{strument was acknowledged befor~?m~ ~c_ ~ day of b¢~e~q~ , 1990,by ~Y-c~ ~~, C_~_~ of J cT ventures' as a Floridageneral partnership, on behalf of said Notary Pu~bli~' My Commission Expires: 5644P --3-- 3333 N. FEDERAL HWY. ' JOHN A. GRANT, JR., INC. CONSULTING ENGINEERS & SURVEYORS BOCA RATON, FLORIDA SKETCH OF PARCEL CASA LOMA BOULEVARD SECTION 27, TOWNSHIP 45 SOUTH, RANGE 43 EAST BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA EXHIBIT C SE(,1'1o¢ 'Z1 T/~JSHIP 45 Checked By ~ F.B. Pg. S¢o,e. I"=10o ~o~ No. 4f~'100'~l Sheet I of ~. EXHIBIT C JOHN A. GRANT, JR., INC. Consulting Engineers 3333 North Federal Highway Boca Raton, FL 33431 JG 100-4914-WX September 28, 1990 Sheet 2 of 2 LEGAL DESCRIPTION CASA LOMA BOULEVARD A parcel of land lying in Section 27, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, said land being a part of Casa Loma Boulevard and Canal Drive as shown on the plat of CASA LOMA as recorded in Plat Book 11, Page 3 of the Public Records of Palm Beach County, Florida, said land being more particularly described as follows: BEGINNING at the Northeast corner of Lot 1 of said CASA LOMA, said point lying on the intersection of the South riqht-of-way line of Casa Lo~a Boulevard and the west right-of-way line of Canal Drive; THENCE with a bearing of S. 89© 56' 20" W., along the North line of LOtS 1-12 of said CASA LOMA and also the South right-of-way line of Casa Loma Boulevard, a distance of 656.41 feet to a point lying on the west right-of-way line of Orange Grove Avenue; THENCE with a be'aring of-way line of Orange point; of N. 02© 01' 43" W., along the west right- Grove Avenue, a distance of 55.03 feet to a THENCE with a-bearing of N. 89° 56' 20" E., along the North right-of-way line of Casa Loma Boulevard, a distance of 699.15 feet to a point; THENCE with a bearing of S. 05° 44' 45" w., a distance of 55.28 feet to a point; THENCE with a bearing of S. 89° 56' 20" W., a distance of 35.26 feet, more or less, to the Point of Beginning. Containing 38,248 square feet (0.878 Ac.), more or less, and subject to easements and rights-of-way of record. Bearings based on an assumed bearing of due West along the North line of Section 27. 3333 N. FEDERAL HWY. JOHN A. GRANT, JR., INC. CONSULTING ENOJNEERS & SURVEYORS 8DCA RATONo FLORIDA SKETCH OF PARCEl- A PORTION OF INTRACOASTAL WATERWAY AND A PORTION OF LOTS 37, ,38, 39 AND 42 OF DEWEY S SUBDIV I S I ON SECTION 2~TOWNSHIP 45 SOUTH, RANGE 4:3 EAST BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA FoR: L. 40 L.41 EXHIBIT B ~OC~ r Iot~] 11~.,4~' ~ 6q~.!$' Drawn By J/~g D~.te ~-~'~0 Checked B,'y F.B. ~ Pg. S~o~e '":gOO' .~ob No. J6-100-J~I4-HY, Sheet I of 2 EXHIBIT B JOHN A. GRANT, JR., INC. Consulting Engineers 3333 North Federal Highway 8oca Raton, FL 33431 JG 100-4914-WX September 28, 1990 Sheet 2 of 2 LEGAL DESCRIPTION PARCEL 1: Lots 37 and 38 in DEWEY'S SUBDIVISION, as recorded in Plat Book 1, Page 37, Public Records of Palm Beach County, Florida, LESS the right-of-way of Casa Loma Boulevard and LESS the right-of-way of Qrange Grove Avenue as shown on the plat of CASA LOMA, as recorded in Plat Book 11, Page 3 of the Public Records cf palm Beach County, Florida. TOGE~ER WITH: PARCEL 2: The East Half of Lot 39 and the East Half of Lot 42 in DEWEY'S SUBDIVISION, as recorded in Plat Book 1, ~age 37, of the Public Records of Palm Beach County, Florida, LESS the South 30 feet of said Lot 42 as shown in Deed Book 341, Page 188. ALSO TOGETHER WITH: PARCEL 3: That part of Section 27, Township 45 South, Range 43 East, Palm Beach County, Florida, described as follows: COMMENCE at the Southeast corner of Lot 37, DEWEY'S SUBDIVISION, according to the Plat thereof recorded in Plat Book 1, Page 37 of the Public Records of Palm Beach County, Florida; THENCE with a bearing of North 07© 11' 19" East, along the East line of said Lot 37 and along the West right-of-way line of the Intracoastal waterway, a distance of 25.20 feet to the Point of Beginning, said Point lying on a line 25.00 feet North of and parallel with the South line of said Lot 37; THENCE with a bearing of North 89° 56' 20" East, along a line lying 25.00 feet North of and parallel with the'south line of said Lot 37, a distance of 33.85 feet to a point; THENCE with a bearing of North 05© 44' 40" East, a distance of 142.01 feet to a point; THENCE with a bearing of North 82° 48' 41" West, a distance of 30.00 feet to a point, said point lying on the East line of said Lot 37; THENCE with a bearing of South 07© 11' 19" West, along the East line of said Lot 37 and also the West right-of-way line of Intracoastsl Waterway, a distance of 146.24 feet, more or less, to the Point of Beginning. ALSO TOGETHER WITH: That 15.00 foot wide tract abutting and lying immediately North of said Lots 37, 38 and the East half of Lot 39 in DEWEY'S SUBDIVISION. Bearings based on an assumed bearing of due West along the North line of Section 27. RECORD V~J~Ij~IED PALM BEACH COUNTY, FLA JOHN B. D~JNKLE CN~Ri~ ,2, IRCUIT G~,URT 11/05/90 This instrument was prepared by and should be returned to: Eugene W. Murphy, Jr., Esquire MURPHY, REID, PILOTTE & ROSS, P.A. 340 Royal Palm Way Palm Beach, Florida 33480 GRANT OF EASEMENT BY J & J VENTURES OF FLORIDA TO CITY OF BOYNTON BEACH THIS GRANT OF EASEMENT executed and delivered this day of November, 1990 by J & J VENTU'RES, a Florida gene--~ partnership (JJ), to the CITY OF BOYNTON BEACH, a Florida municipal corporation located in Palm Beach County, Florida (BOYNTON)~ WHEREAS, JJ owns a parcel of real property described on Exhibit E. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) of the good and valuable consideration, the receipt and sufficiency of which each party acknowledges receiving, t, he parties agree as follows: 1. JJ grants to BOYNTON a perpetual non-exclusive easement to use the real property of JJ described on Exhibit E. The grant of the non-exclusive easement by JJ to BOYNTON is for vehicle and pedestrian inqress and egress. 2. JJ at its own expense shall maintain the easement in a good state of repair. 3. The various grants of easement contained in this grant shall run with the land and shall be binding on and inure to the benefit of the parties hereto, their .grantees, heirs, successors, assignees and nominees. 4. This document cannot be modified, amended or terminated ~ithout the prior written approval of the parties to this Agreement and the prior written approval shall be executed with the same formalities and be of equal dignity with this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. Signed, sealed and delivered in the presence of: CITY OF BOY~.~ BEACH, a Ftorida ~,'~ipal' ,~' :~C°rp°rati°n !ts: MAYOR, GENE MOORE J & J VENTURES OF FLORIDA, a Florida Gmneral Partnership 6275P/nb -1- 11/05/90 STATE OF COUNTY OF this The foregoing instrument was acknowledged before me day of /A~z/~-/~ , 1990, by ~,~ ~ , the ~//,~r/~.~ of the City of Boynton ~_..~';'~//'~a Florida Municipal corporation, on behalf of said '.~'9 r p o ~'~.~. ~.o n. COUNTY OF I>c~%~ ~¢*~_k Not~ Public My commission expires: this q Florida general The foregoing instrument __ day of ~c-~A~r , , the ~z~/~'~ ~ Of J & J Ventures, a partnership, on behalf of said partnership. Notary Pub~ ~--~~ ~y commission expires: ~, ~ ~RY Pusuc, STAT~ O~ ~k~ was ack,%gw~ledged~?~ef~9~ . me ' 6275P/nb -2- JOHN A. GRANT, JR., INC. 3333 N.FEDERAL HWY. CONSULTING ENGINEERS & SURVEYORS BOCARATON.FLORIDA SKETCH OF EASEMENT FOR INGRESS AND EGRESS SECTION 27, TOWNSHIP 45 SOUTH, RANGE 43 EAST BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA EXHIBIT E LO'r ~ Lot 4t 1394d "- '~l 34.o'/; Ro,8. I~o.¢. -~-t /J.~5~'5o"~. 0~ biz L,II L~OH Loc~nou 14.T. $. Checked By ~ F.B. ' Pg. Scale % JO0' Job No. JG- 0~-~ql4-WX Sheet I of Z EXHIBIT E JOHN A. GRANT, JR., INC. Consulting Engineers 3333 North Federal Highway Boca Raton, Florida 33431 Rev. September 27, JG 100-4914-WX September 18, 1990 Sheet 2 of 2 1990 LEGAL DESCRIPTION INGRESS AND EGRESS EASEMENT A PORTION OF LOTS 39 AND 42 DEWEY'S SUBDIVISION An easement for ingress and egress lying in Section 27, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, said easement being a portion of Lots 39 and 42 of DEWEY'S SUBDIVISION, as recorded in Plat Book 1, Page 37 of the Public Records of Palm Beach County, Florida, said easement being more particularly described as follows: COMMENCING at poin% 1 the Southeast and the west corner of the aforesaid Lot 42, said ion of the North right-of-way line of right-of-way line of Orange Grove THENCE with a bearing of S. 89© 53' 50" w., along the North right~0f-way line of Ocean Avenue and the South line of said Lot 42, a distance of 138.40 feet to the Point of Beginning of said easement; THENCE with a bearing of ~. 01° 50' 11" W., along a line lying 34~00 feet East of and parallel to the West line of the East half o~iLo't 42 of DL~WEY'S SUBDIVISION, a distance of 280.12 feet to a point lying on the common line between Lots 39 and 42; T~ENCE with a bearinq of N. 89© 56' 20" E., along said common l~ne between Lots 39 ~nd 42, a distance of 137.47 feet to a point in the West right-of-way line of Orange Grove Avenue as shown on the Plat of CASA LOMA, as recorded in Plat Book 11, Page 3 of the public Records of Palm Beach County, Florida; THENCE with a bearing of N. 02© 01' 43" W., along the West right- Of-way line of Orange G~ove Avenue, a distance of 25.01 feet to the intersection of said West right-of-way line with the North right-of-way line of Casa Loma Boulevard; THENCE with a bearing of S. 89° 56' 20" W., along a line lying 25.00 feet North of and parallel to the common line between Lots 39 and 42, a distance of 137.39 feet to a point; THENCE with a bearing of N, 01© 50' 11" W., along a line lying 34.00 feet East of and parallel to the West line of the East half of Lot 39, a distance of 285.35 feet to a p~int in the North line of said Lot 39; THENCE with a bearing of due West along the North line of said Lot 39, said line lying 15.00 feet South of and parallel to the North Section line of Section 27, a distance of 34.02 feet to a point; THENCE with a bearing of S. 01° 50' 11" E., along the West line of the East half of Lots 39 and 42, a distance of 590.55 feet to a point, in the North right-of-way line of Ocean Avenue and the South line of said Lot 42; THENCE with a bearing of N. 89© 53' 50" E., .along the North right-of-way line of Ocean Avenue and the South line of said Lot 42, a distance of 34.02 feet, more or less, to the Point of Beginning. Containing 23,511 square feet (0.540 Ac), more or less, and subject to easements and rights-of-way of record. Bearings based on an assumed bearing of due West line of Section 27. along the North RECORD VERIFIED PALN.'~ BEACH COUNTY. FLA, JOHN 8. DUNKLE CLERK CIRCUIT COURT