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90-VVVVRESOLUTION NO. 90-~g~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF B©YNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN RESTORATION AGREEMENT AND RIGHT OF WAY PURCHASE AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, AND THE CITY OF BOYNTON BEACH, FOR PROPERTY LOCATED ON S.R. 804, A COPY OF SAID AGREEMENTS BEING ATTACHED HERETO AS EXHIBIT "B" AND EXHIBIT "C"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. W/~EREAS, it is proposed by the State of Florida, through the Department of Transportation of Florida, to locate, construct and maintain or improve a portion of State Road No. 804, in Palm Beach County, Florida; and W~EREAS, a portion of the lands involved and necessary to said project are owned by the City of Boynton Beach; and W~IERES, on behalf of the State of Florida, a request has been made for a conveyance of a portion of said lands of this City; W~EREA~, the State of Florida has offered $13,000.00 for the land and $4,000.00 for reimbursement for appraisal expenses incurred by the City; NOW, T~tEREFORE, BE IT RESOLVED by the City Commission of the City of Boynton Beach, Florida, that: Section 1. The City Manager is directed to take all action necessary to accept the offer of the State of Florida to acquire the property designated Parcel 106 on the right-of-way maps for Section 97931-2347 and more particularly described on Exhibit "A". Section 2. The Mayor and City Clerk are hereby authorized and directed to execute the Restoration Agreement attached as Exhibit "B" and the Right of Way Agreement attached as "C", copies of which are attached hereto. Section 3. This Resolution shall take effect immediately uponl~passag~, PASSED AND ADOPTED this /~/ day of July, 1990. CI5 , FLORIDA Mayor Co~issioner Commissioner ATTEST: Cit~ Clerk (Corporate Seal) PARCEL NO. 106 SECTION 97931-2S47 That certain parcel of land lying in the Southwest 1/4 of the Southwest ~/4 of the Southeast 1/4 of Section 23, Township 45 South, Range 42 East in Palm Beach County, Florida, being more partlcuia~ly described as foi]ows: Commence at the Southeast corner of said Section 23: thence run S 89°51'20" ~ along the South line of said Section 23 a distance of 2314.29 feet to the Southwest corner of the East 1/2 of the Southwest 1/4 of the Southwest 1/4 of the Southeast 1/4 of said Section 23 (hereinafter reffered to as the "East 1/2"); thence N 00'25'37" E alon~ the West line of said East 1/2 a distance of 70.93 feet to a point on the North Existing Right of Way line for State Road 804 (Boynton Beach Blvd.): thence N 89'51'20" E along said North Existing Right of Way line a distance of 332.34 feet to the POINT OF BEGINNING; thence N 00'24'31" E along the East line of the East 1/2 of the Southwest 1/4 of the Southwest 1/4 of the Southeast I/4 of said Section 23 a distance of 12.56 feet to a point on a curve concave Northeasterly, having a radius of 13,204.56 feet and a chord bearing of S 89'05'01" E; thence Westerly along said curve an arc distance of 431.60 feet through a central angle of 01'52'22"; thence N'88°08'50'' W a distance of !93.13 feet to a point on the East line of the East 40 feet of an 80 foot wide Right of Way for Lake Worth Drainage District Equalizing Canal No. 3; thence S 00'26'54" W along said East line for E-3 canal a distance of 27.28 feet to a point on said North Existing right of Way line; thence N 89°51'20" E along said North Existing Right of Way line a distance of 624.68 feet to the POINT OF BEGINNING. Containing 11,253 square feet, more or less. \.L;-!..I- ; / x~" c,~. '/~ , ~. ~1), · /~., .' '~v~ O ~ ~ ' ' ,/,:.../ ..,~-~ :_- &, .-~.\ ,,<-4 :'"" o / : ' ~-j ~ : I"~J .0 -I ,: ' ~ ~-' \' \.'"\ 'x, 7. co ~ '-.'...~1 \ '""~ <'o <:~ .~ ,' .')t kv k ..::.'-/ N, /.')-.,.. '" " "/ "EXHIBIT "A" Date: 5-6-90 City: Fort Lauderdale. - '.R¢'F.L ':cl. · 'T [ (}X -;TA i'F SD. 'OI'NTY Form 7421-!2.2 7.~ ..\ - ,; :7031 Z ~- :'A [,?,I 3EAt:ii THiS INDENTURE .,m.,e ::lis i7th cay ot- JULY .\.P_ iD 90 between CITY OF BOYNTON BEACH. existing ua~er the laws of [lie State o~__ FLORIDA havluz its principal place of bus.iness [n the City of BOYNTON BEACH County of P~bl BEACH State of Florida, as t~arties of the first oapt. and the STATE OF FLORIDA, Department of Transportation :is party of the second parc. WITNESSETH. That 'the said parries of the first part, for anu in consideration of the sum of One Dollar' and other vaiuabie consideuations. paid receipt of which is hereby acknowledged, do hereby grant unto ~he party of the second Dart. permission, to be exercised during the period of construction, to enter upon the following described lands: PARCEL NO. RA-6 SECTION 97931-2o47 That portion of land lying in the Southwest 1.:4 of the Southwest 1/4 of the Southeast i/4 of Section 23, Township 45 South. Range 42 East of Palm Beach County, Florida; said portion extending no more than 10 feet Northerly of and parallel to the North Right of Way line of State Road 804 IBoynton Beach Blvd.) as located in Parcel !06. according to ~hat Florida Department of Transportation Right of Way map numbered 97931-2347. Containing 6246 square feet. more or less. FOR THE PURPOSE OF RESTORATION by connecting the new construction ~ith the conditions existing at the time of construction. The restoration shall be done in such a manner that existing structural improvements will not be damaged. iN IflTNESS WHEREOF. the parry of the first part has caused these presents to be duly executed in its name by its ~4ayor, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. Signed sealed and delivered CITY OF BOYNTON BEACH in the presence of: ../ ~ rt~ity Clerk // Before me personally appeared GENE NOORE and SUZ~NE M. KRUSE zo me well Known. and known to be the >Iayor and City Clerk respectively of the City of BOYNTON BEACH the municipal eorpopatxon named in the foregoing instrument and known to be the persons ~ho as such City Officials executed the same: and then and there the said ~YOR and the said CITY CLERK did acknm~ied~e before me that said instmm~ent ~s the free act and deed of said City by them respectively executed as such officers fop the purpose therein expressed than the Seal thereunto attached is the City Seal by them ~n like capacity affixed: all under authority in them d~ly vested. ;fITNESS my hand and official Seal this JULY A. $.. (NOTARIAL SEAL) 17th day of Notary Public in and for the County and State aforesaid. My commiss ion expires: DI (c:iimi:~ics.;:5:fas ~-',-~ 23, ~9~4 This instrument prepared and legal description approved Oa~e: 6-6~90 By: S. Rowland City: Fort Lauderdale. Florida State of Florida Department of Transportation ,, ARCHI, ?,:0. RA-6 SECTION 97931-2347 STATE RD. .'0,04 COUNTY o:\LH BEACiI RESOLUTION WHEREAS it is proposed by the State of Florida throuyh ~ e Depar~:n:en~ of Transportation of Florida. to locate, constrnct and maintatn or ~mprove a portion of State Road No. 80~,, in P.aLM BEACH County. Florida; and WHEREAS, a portion of the lands involved and necessary :o said project are owned by the City of BOYNTON BEACH; and WHEREAS. on behalf of the State of Florida, a request has been made for a conveyance of a portion of said lands of this City; and UPON MOTION OF COMMISSIONER ROBERT 0LENIK, JR. and seconded by VICE MAYOR LEE WISCHE 'the City Commission does agree to authorized and direct its Mayor Commissioner and City Clerk to execute the necessary instruments to effect such conveyance. STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that the foregoing is a ~rue and correct copy of a Resolution adopted by the City Commission of the City of BOYNTON BEACH, 17th day of JULY , A.D.. Florida, at a meeting held on the 19 90 Cityj/Clerk City of BOYNTON BEACH Florida (CITY SEAL) EXHBIIT "B" STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PURCHASE AGREEMENT FORM 575-030-07-a REPLACES 173-505 R/W 11/88 Page I of 2 UN TY: Palm Beach ~,TE ROAD NO.: 804 ~TE OF FLORIDA UNTY OF Palm Beach W.P.I. NO.: 4157611 FAP NO.: N/A IS AGREEMENT made and entered into on this day of and between City of Bovnton Beach A.D. 19__ einafter referred to as SELLER and the STATE OF FLORIDA for the' use and benefit of the State of Florida ~artment of Transportation, hereinafter referred to as PURCHASER. WITNESSETH, and in consideration of the mutual covenants and conclitions herein contained, SELLER hereby agrees to and PURCHASER hereby agrees, to buy the following property upon the following terms and conditions. DESCRIPTION (a) Real estate identified as parcel 106 incorporated herein by reference. _ and shown on Right of Way Maps for section 97931-2347 PURCHASE PRICE (a) Amount to be paid by PURCHASER to SELLER at closing .................... $. (b) Amount to be paid by PURCHASER to SELLER upon surrender of possession .... $ TOTAL PURCHASE PRICE $ ~ ~' CONDITIONS AND LIMITATIONS (a) It is mutually understood that this Right of Way Purchase Agreement ~s executed by PURCHASER subject to final agency acceptance as required by Section 119.07, Florida Statutes. Notice of final agency acceptance shall be evidenced by the signature of PURCHASER in Section VI herein and delivery to SELLER not sooner than 30 days from the date first written above. (b) SELLER is responsible for all taxes due and owing on the property as of the date of closing. [ ] SELLER agrees that all current taxes for the year in which this agreement is made on the property acquired shall be prorated and SELLER agrees to pay his and/or her share of said prorated taxes as of the date of closing. [ ] SELLER agrees to pay all taxes for the current year. (c) Any extension of occupancy beyond the date of closing must be authorized by the PURCHASER in writing. During the period from the date of closing until the SELLER surrenders possession to the PURCHASER, the SELLER shall exercise diligent care in protecting the property from theft and vandalism. All personal property included in the purchase price shall be delivered to PURCHASER in the same condition existing as of the date of this agreement. EXHIBIT "C" ~ 575o030-07-a REPLACE. E '-73-505 11/q8 Page2of 2 d) SELLER is responsible for delivering unencumbered title to PURCHASER at closing. Any sums which PURCHASER must expend to clear encumbrances shall be deducted at closing from the purchase price shown in Section II. ' CLOSING DATE: This transaction shall be closed and the instrument of conveyance delivereci within 60 days of the date ~)f final agency acceptance. - TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions inserted herein or attached hereto as Addenda, and initialed by all parties, shall control all printed provisions in Conflict therewith. 'ITNESS WHEREOF, the parties hereto have caused these presents to be executed in their respective name ~e date first above written. ,(SEAL) (SEAL) BUYER: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: Its Agent FINAL AGENCY ACCEPTANCE DATE: