R22-181 1 RESOLUTION NO. R22-181
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE
5 SUBORDINATION OF UTILITY EASEMENT INTERESTS FOR
6 PARCEL 117.3, FOR THE FLORIDA DEPARTMENT OF
7 TRANSPORTATION (FDOT) I-95 AND BOYNTON BEACH
8 BOULEVARD INTERCHANGE IMPROVEMENTS PROJECT; AND
9 PROVIDING AN EFFECTIVE DATE.
10
11 WHEREAS, the State of Florida Department of Transportation proposes to construct
12 or improve State Road No. 804 (Boynton Beach Blvd.), Item/Segment No. 4358041, Section
13 93200-2550, in Palm Beach County, Florida; and
14 WHEREAS, it is necessary that certain easement rights now owned by the City of
15 Boynton Beach, Florida, be subordinated to the rights of the State of Florida Department of
16 Transportation; and
17 WHEREAS, said subordination is in the best interest of the City; and
18 WHEREAS, the State of Florida Department of Transportation has made application
19 to said City to execute and deliver to the State of Florida Department of Transportation a
20 subordination of utility interest, or interests, in favor of the State of Florida Department of
21 Transportation and said request having been duly considered.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
23 BOYNTON BEACH, FLORIDA, THAT:
24 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
25 ratified and confirmed by the City Commission
26 Section 2,. That the City Commission of the City of Boynton Beach does hereby
27 determines that the application of the State of Florida Department of Transportation for a
28 subordination of utility interest, or interests, is for transportation purposes which are in the
29 public or community interest and for public welfare; that a subordination of utility interest, or
1
S:\CA\RESO\FDOT Utility Easement Subordination Parcel 117.3-Reso.Docx
30 interests, in favor of the State of Florida Department of Transportation, in the City of Boynton
31 Beach, Florida, Florida, should be drawn and executed by this Board of City Commissioners.
32 Section 3. A certified copy of this Resolution be forwarded forthwith to the State
33 of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale,
34 Florida 3300
35 Section 4. That this Resolution will become effective immediately upon passage.
36 PASSED AND ADOPTED this 6th day of December, 2022.
37
38 CITY OF BOYNTON BEACH, FLORIDA
39
40 YES NO
41 /
42 Mayor—Ty Penserga ✓
43
44 Vice Mayor—Angela Cruz
45 /
46 Commissioner—Woodrow L. Hay
47
48 Commissioner—Thomas Turkin
49
50 Commissioner—Aimee Kelley
51
52 VOTE 4:31
53
-4 A ES' : /
56 JO' /
57 Mayle: DA esus, MPA, MC Ty '- sereir
58 City CI r Mayor
59
60 APP ED AS 'O F• ' :
61 (Corporate Seal)
62
63 Michael D. Cirullo, Jr.
64 City Attorney
2
S:\CA\RESO\FDOT Utility Easement Subordination Parcel 117.3-Reso.Docx
23-UTL.04-07/18
This instrument prepared under the direction of:
Elizabeth S.Quintana.Esq.
District Four Assistant General Counsel
Legal Description prepared by:
Luis A.Gaztambide.P.S.M.(01-08-2021) Parcel No. 117.3R
Document prepared by: Item/Segment No. 4358041
Diana Helmer(08-31-2022) Section: 93200-2550
Florida Department of Transportation Managing District: 04
Right of Way Production Services S.R.No. 804(Boynton Beach Blvd.)
3400 W.Commercial Boulevard County: Palm Beach
Fort Lauderdale,Florida 33309
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT entered into this day of ,20 ,by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,hereinafter called the
FDOT,and the CITY OF BOYNTON BEACH,a Florida municipal corporation,hereinafter called the
CITY.
WITNESSETH:
WHEREAS, the CITY presently has an interest in certain lands that have been determined
necessary for highway purposes;and
WHEREAS,the proposed use of these lands for highway purposes will require subordination of
the interest claimed in such lands by the CITY to the FDOT;and
WHEREAS, the FDOT is willing to pay to have the CITY'S facilities relocated if necessary,to
prevent conflict between the facilities so that the benefits of each may be retained.
NOW,THEREFORE,in consideration of the mutual covenants and promises of the parties hereto,
CITY and FDOT agree as follows:
CITY subordinates to the interest of FDOT its successors and assigns,any and all of its interest in
the lands as follows,viz:
Parcel No. 117 Item/Segment No.4358041
A portion of Lot 8,MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46 S,
RANGE 43 E.,according to the plat thereof, as recorded in Plat Book 1, Page 4,of the Public Records of
Palm Beach County, Florida,lying in Section 20,Township 45 South,Range 43 East,as shown on Sheet 4
of the Florida Department of Transportation Right of Way Map for Item/Segment No.435804-1, Section
93200-2550,being more particularly described as follows:
Page I of 7
Commence at the Southeast Corner of said Section 20;thence North 02°01'34" West along the East line of
said Section 20,a distance of 40.00 feet to the intersection of the Westerly Existing Limited Access Right
of Way line of State Road 9(1-95)and the Westerly Existing Railroad Right of Way line ofC.S.X.Railroad,
being the PONT OF BEGINNING; thence South 87°41'52" West along said Westerly Existing Limited
Access Right of Way line of State Road 9 (I-95),a distance of 106.75 feet;thence North 33°50'54" West
continuing along said Westerly Existing Limited Access Right of Way line of State Road 9(1-95),a distance
of 3.29 feet to the Beginning of the New Westerly Limited Access Right of Way line of State Road 9
(1-95);thence North 86°46'02" East along said New Westerly Limited Access Right of Way line of State
Road 9(I-95),a distance of 108.51 feet to the End of said New Westerly Limited Access Right of Way line
of State Road 9(1-95),being on point of said East line of Section 20 and said Westerly Existing Railroad
Right of Way line of C.S.X. Railroad;thence South 02°01'34" East along said East line of Section 20 and
said Westerly Existing Railroad Right of Way line of C.S.X.Railroad,a distance of4.57 feet to the POINT
OF BEGINNING.
Containing 398 square feet,more or less.
Together with all rights of access, ingress, egress, light, air and view between the grantor's remaining
property and any facility constructed on the above described property.
RECORDED
INSTRUMENT DATE FROM TO O.R.B. & PG.
Easement 4/18/2000 Anderson Stor-All, City of Boynton 11785 / 1865
Inc.on behalf of Beach,a political
Stor-All,Ltd.,a subdivision of the
Florida State of Florida
corporation
Drainage 5/7/2002 Stor-All,Ltd.,a City of Boynton 13766 /0163
Easement Florida limited Beach,Florida
partnership
Page 2 of 7
PROVIDED that the CITY has the following rights:
1. The CITY shall have the right to construct,operate, maintain, improve, add to, upgrade, remove,
and relocate facilities on, within, and upon the lands described herein in accordance with the
FDOT'S current minimum standards for such facilities as required by the FDOT, Utility
Accommodation Manual in the effect at the time the agreement is executed. Any new construction
or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should
the FDOT fail to approve any new construction or relocation of facilities by the CITY or require
the CITY to alter,adjust,or relocate its facilities located within said lands,the FDOT hereby agrees
to pay the cost of such alteration,adjustment,or relocation,including,but not limited to the cost of
acquiring appropriate easements.
withstanding set forth herein, the terms of the utilitypermits shall supersede
2. Not any provisions Pe
anycontraprovisions,with the exception of theprovision herein with reimbursement rights.
rY P
3. The CITY shall have a reasonable right to enter upon the lands described herein for the purposes
outlined in Paragraph 1 above,including the right to trim such trees,brush,and growth which might
endanger or interfere with such facilities, provided that such rights do not interfere with the
operation and safety of the FDOT's facilities.
4. The CITY agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any
loss or damage resulting from the CITY exercising its rights outlined in Paragraphs 1 and 3 above.
The provision shall not act to waive the City's sovereign immunity under Florida law.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Page 3 of 7
IN WITNESS WHEREOF,the FDOT hereto has executed this agreement on the day and year first
above written.
Signed,sealed and delivered in the presence STATE OF FLORIDA DEPARTMENT
of: (Two witnesses required by Florida Law) OF TRANSPORTATION
Witness Signature: BY:
Name: GERRY O'REILLY,P.E.
District Four Secretary
Print Witness Name:
Attorney approved as to form:
Witness Signature:
Name: ELIZABETH S. QUINTANA
Print Witness Name:
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization,this day of ,20 ,by GERRY O'REILLY,
P.E., District Four Secretary,who is personally known by me or who has produced as
identification.
(SEAL)
Notary Public
Printed or stamped name of Notary Public
My Commission Expires:
Page 4 of 7
IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its
Board of City Commissioners acting by the Mayor or Vice-Mayor of said Board,the day and year aforesaid.
ATTES • I .$ , CITY OF BOYNTON BEACH,a Florida
municipal corporation
Print Name: �'� omr, By Its Boand of City Commissioners
Clerk(or Deputy 1;rk)
p�INTON ���,
e L
;rkQ;•�QORATIc'••� 1�
� � •s�4 By: — ../aria.
v: �R.rocEO S Print Name:
,f,N A.
•, Its Mayor
, ••.�� •.•' 1 (or Vice-Mayor)
APPROVED AS TO FORM A'k! FLOR��P"
LEGAL SUFFICIENCY: ,`,,,-
a/f (Official Seal)
By:
City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me by means of s/ physical presence or
online notarization, this IN day of Cem'oE , , by
� P�c € -_ , ,jvlayor (or Vice-Mayor) on behalf of the CITY OF
BOYNTON BEACH, a Florida municipal corporation, who is personally known to me or who has
produced as identification.
(SEAL)
I4//L! �. �� � ._ •
Notary Public
r PUBTAMMY L STANZIONE Ta y L. Stanzione
Oommisslon#GG 306158
Expires March 25,2023 Printed or stamped name of Notary Public
s«,ae°mve�►+omn Sla a 3
My Commission Expires:
Page 5 of 7
23-UTL.05-07/18
This instrument prepared under the direction of:
Elizabeth S.Quintana,Esq.
District Four Assistant General Counsel
Legal Description prepared by:
Luis A.Gaztambide,P.S.M. (01-08-2021) Parcel No. 117.3R
Document prepared by: Item/Segment No. 4358041
Diana Helmer(08-31-2022) Section: 93200-2550
Florida Department of Transportation Managing District: 04
Right of WayProduction Services S.R.No. 804(Boynton Beach Blvd.)
�
3400 W.Commercial Boulevard County: Palm Beach
Fort Lauderdale,Florida 33309
RESOLUTION
ON M TON of Eommissiener\tick_ b( u WlZ , seconded by City
Commissioner ,the following solution was adopted:
WHEREAS, State of Florida Department of Transportation proposes to construct or improve
State Road No. 804 (Boynton Beach Blvd.), Item/Segment No. 4358041, Section 93200-2550, in Palm
Beach County,Florida:and
WHEREAS,it is necessary that certain easement rights now owned by the City of Boynton Beach,
Florida,be subordinated to the rights of the State of Florida Department of Transportation;and
WHEREAS,said subordination is in the best interest of the City;and
WHEREAS, the State of Florida Department of Transportation has made application to said City
to execute and deliver to the State of Florida Department of Transportation a subordination of utility
interest,or interests, in favor of the State of Florida Department of Transportation and said request having
been duly considered.
NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of the City of
Boynton Beach, Florida, that the application of the State of Florida Department of Transportation for a
subordination of utility interest, or interests, is for transportation purposes which are in the public or
community interest and for public welfare;that a subordination of utility interest, or interests, in favor of
the State of Florida Department of Transportation,in the City of Boynton Beach,Florida,Florida,should
be drawn and executed by this Board of City Commissioners.
BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to
the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale,
Florida 33009.
Page 6 of 7
STATE OF FLORIDA
CITY OF BOYNTON BEACH
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of
City Commissioners of the City of Boynton Beach,Florida, at a meeting held on the (0+41 day of
—1 r ,20 aa,.
I,I le
_-- �.......N��' %, KFC
S�0�.• �p�� ..., iPrint N. :4 • 0 ,( SEAL\ \ Clerk, Boar• of City C• , missioners City of Boynton Beach,Florida
�* 1NCORPORATEO i
4 1920 .. s
FLOR\Or-
Page 7 of 7
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EASEMENT
THIS INDENTURE made this 18th day of April, A.D., 2000. by Anderson Stor=All, Inc. on
behalf of Stor-AIL. Ltd. a corporation existing under the laws of Florida and having its principle
place of business at 1375 West Hillsboro Boulevard.Deerfield Beach,FL 33442, first part,tot he
City of Boynton Beach.a political subdivision of the State of Florida,a second party:
(Wherever used herein, the terms, "first party" shall
include singular and plural, heirs, legal
representatives and assigns of individuals and the
successors and assigns of corporations, wherever
the context so admits or requires.)
WITIVESSETH
Whereas, the first party is the owner of property situate in Palm Beach County. Florida. and
described as follows:
PCN 08 43 45 20 00 000 0082
Legal Description:
Sec attached Exhibits"A"and"B" •
and.
WIUErRIAS, the second party desires an easement for water utilities and/or other appropriate
purposes incidental thereto.on,over and across said property,
and,
WI IERLiAS,the first party is willing tog rant such an easement,
NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running
and one dollar and other good and valuable considerations,t c first party does: hereby grant unto
the party of the second part, its successors and assigns, full and free right and authority to
construct, maintain, repair, install and rebuild facilities for above stated purposes and does
hereby grant a perpetual easement on, over and across the above described property for said
purposes.
• F ORB 1 1 T8'S Pg 18EsE,'
IN WITNESS WHEREOF,the first party has caused these presents to be duly executed
in its name and Its corporate seal to be hereto affixed, attested by its proper officers
thereinto duly authorized,the day and year first above written. ••
•.
Signed, sealed end delivered
In the presence at
r /
ea
Ali A
z.. • .-4-0.: 4
u4wcd .v .71.-- .L, r ' • .er'son. President
it iN�'unr,l
.,,`a, P� ••.,• .• •sATTEST:
•
E �F'* 9p t�z Larry W.Anderson,Vice President
0 t
1• •• •• ' .; ,t:
•
fl'�i -r:. 4.
• STATE OF FLORIDA
COUNTY OF ,6fV41)
I t iERE8Y CER11FY that on this day,before me,an officer
duly authorized ki the
State and County aforesaid to tkce adanowledaments, personally appeared Jeffrey M.
Anderson&Larry W.Anderson, well known to me to be the President and Vice Pint,
respectively,of the Corporation named as first party In the foregoing Easement and that
they severally admow€edged executing the same in the same in the presence of two
gybing witnesses freely an voluntarily, under author<ty duly vested In them by said
Corporation, and that the seal affixed thereto is the true Corporate seal of said
Corporation.
[tiij SS my hand and . .I seal in the County and State last aforesaid this
7 ''Yr day ' t'i • D 2021_,
,41 '/ , 442-Wir'
Notary Public in and for the
•
. State and County aforesaid. .
My commission ernes:
Loorica
- .3
DESCRIPTION ORB 11785 Pg 1867
A PARCEL OF LAND BEING A PORTION OF THE EAST ONE QUARTER OF LOT
8. SECTION 20. TOWNSHIP 45 SOUTH, RANGE 43 EAST. ACCORDING TO THE MAP
OF TOWNSHIP 45 SOUTH AND TOWNSHIP 46 SOUTH. RANGE 43 EAST. AS
j RECORDED IN PLAT BOOK 1, PAGE 4. PUBLIC RECORDS OF PALM BEACH COUNTY.
FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
I
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 20: THENCE
NORTH 0134'01" WEST. ALONG THE EAST LINE OF SAID SECTION 20. A
DISTANCE OF 656.64 FEET TO THE NORTHEAST CORNER OF SAID LOT 8: THENCE
SOUTH 88°08'08" WEST. ALONG THE NORTH LINE OF SAID LOT 8. A DISTANCE
OF 329.17 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF INDUSTRIAL
AVENUE. A5 SHOWN ON THE PLAT OF BOYNTON INDUSTRIAL PARK, AS
RECORDED IN PLAT BOOK 25, PAGE 232, PUBLIC RECORDS OF PALM BEACH
COUNTY. FLORIDA: THENCE SOUTH O1°34'41" EAST. ALONG SAID WEST RIGHT-
! OF-WAY LINE. A DISTANCE OF 1.00 FEET TO THE POINT OF BEGINNING OF THE
PARCEL TO BE HEREIN DESCRIBED; THENCE NORTH 88°08'08" EAST. A
DISTANCE OF 56.17 FEET; THENCE SOUTH 01°34'42" EAST. A DISTANCE OF
. 48.78 FEET: THENCE NORTH 88°26'11" EAST. A DISTANCE OF 232.08 FEET:
THENCE SOUTH 01°33'49" EAST. A DISTANCE OF 317.48 FEET; THENCE SOUTH
8802518" WEST. A DISTANCE OF 288.t7 FEET TO A POINT ON THE EAST RIGHT-
OF-WAY LINE OF SAID INDUSTRIAL AVENUE; THENCE NORTH OI°34'41" WEST
ALONG SAID EAST RIGHT-OF-WAY LINE. A DISTANCE OF 12.00 FEET; THENCE
NORTH 8S°25'18" EAST. A DISTANCE OF 56.17 FEET; THENCE NORTH
01034'42" WEST. A DISTANCE OF 19.99 FEET; THENCE NORTH 881125'18"
EAST. A DISTANCE OF 11.00 FEET: THENCE SOUTH 01°34'42" EAST. A
DISTANCE OF 19.99 FEET; THENCE NORTH 88025'16" EAST. A DISTANCE OF •
57.81 FEET; THENCE NORTH 01°34442" WEST. A DISTANCE OF 14.99 FEET:
THENCE NORTH 88°25'18" EAST, A DISTANCE OF 12.00 FEET; THENCE SOUTH
01434'42" EASY. A DISTANCE OF 14.99 FEET; THENCE NORTH 88°25'18"
EAST. A DISTANCE OF 127.19 FEET; THENCE NORTH 01034'42" WEST. A
DISTANCE OF 19.99 FEET: THENCE NORTH B8°25'18" EAST. A DISTANCE OF
12.01 FEET: THENCE NORTH 01°33'49" WEST. A DISTANCE OF 273.50 FEET;
THENCE SOUTH 88°26111" WEST. A DISTANCE OF 232.08 FEET; THENCE NORTH •�
0134'42" WEST. A DISTANCE OF 48.71 FEET; THENCE SOUTH 88°08'013"
WEST. A DISTANCE OF 44.17 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE
OF SAID INDUSTRIAL AVENUE: THENCE NORTH O1°34'41" WEST. ALONG SAID
WEST RIGHT-OF-WAY LINE, A DISTANCE OF 12.00 FEET TO THE POINT OF
BEGINNING AFORE DESCRIBED.
•
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•
SURVEYORS NOTES: ORB S i 785 Pg 1868
t, NO SEARCH OF THE PUBLIC RECORDS WAS PERFORMED BY THIS OFFICE
2. BEARINGS AS SHOWN ARE BASED UPON THE EAST LINE OF SECTION 20. TOWNSHIP 45 SOUTH.
RANGE 43 EAST. PALM BEACH COUNTY. FLORIDA HAVING A PLATTED BEARING OF NORTH •
O1°34'01" WEST AND ALL OTHER BEARINGS ARE RELATIVE THERETO.
LEGEND
FNO DENOTES FOUND •
IIRBC DENOTES IRON ROD AND CAP
U.E. DENOTES UTILITY EASEMENT
DENOTES CENTERLINE
P.I. DENOTES POINT OF INTERSECTION
D DENOTES DESCRIBED •
M. DENOTES MEASURED
P.T. DENOTES POINT OF TANGENCY
D.E. DENOTES DRAINAGE EASEMENT
P.B. DENOTES PLAT BOOK
P.O.C. DENOTES POINT OF COMMENCEMENT
P.O.B. DENOTES POINT OF BEGINNING
O.R.R. DENOTES OFFICIAL RECORD BOOK
•
UNLESS THIS DOCUMENT BEARS THE SIGNATURE
AND THE ORIGINAL- RAISED SEAL OF A LICENCED
SURVEYOR AND MAPPER;THIS.DRAWING, SKETCH
PLAT OR MAP IS FOR;INFORMATlON*.L PURPOSES
ONLY AND IS NOT V44.6.,.•.
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20/45/43
SUBDIVISION OF E.1/4 OF (PLAT BOOK 1. PAGE 4�
SECTION 20/45/43
(PLAT BOOK I, PAGE 4)
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ORB 1 178M Pg 1870
N
2
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20/45/43
(PB. S. PG, 4)
•
•
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S 01°34'42" E 14.99 (D)
19.99' (0)
N 86�25't E N 88°25'16" E
0 11.00(0) +z.00' (0)
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(PB. 1. PG. 4)
I
E. R/W LINE
INDUSTRIAL AVE.
(PLAT 800K 25.PAGE 232)
NOTE:
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433-8405 UTtUTY EASEMENT
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i DESCRIPTION ORB 1 178JI Pg 1871
. A PARCEL OF LAND BEING A PORTION OF THE EAST ONE QUARTER OF LOT
8. SECTION 20. TOWNSHIP 45 SOUTH. RANGE 43 EAST. ACCORDING TO THE MAP
OF TOWNSHIP 45 SOUTH A.ND TOWNSHIP 46 SOUTH. RANGE 43 EAST. AS
RECORDED IN PLAT BOOK I. PAGE 4. PUBLIC RECORDS OF PALM BEACH COUNTY.
FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 20: THENCE
NORTH 01°34'01" WEST. ALONG THE EAST LINE OF SAID SECTION 20. A
DISTANCE OF 40.00 FEET TO A POINT ON THE NORTH RIGHT -OF-WAY LINE OF
STATE ROAD 804 (BOYNTON BEACH BOULEVARD); THENCE SOUTH 88°06'29"
WEST. ALONG SAID NORTH RIGHT-OF-WAY LINE. A DISTANCE OF 50.21 FEET TO '�
THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE
CONTINUE SOUTH 88°06'29" WEST. ALONG SAID NORTH RIGHT-OF-WAY LINE.
DISTANCE OF 12.00 FEET; THENCE NORTH 01°53'32" WEST. A DISTANCE OF
158.54 FEET: THENCE SOUTH 68°25'18" WEST. A DISTANCE OF 265.97 FEET TO
A POINT ON THE EAST RIGHT-OF-WAY LINE OF INDUSTRIAL AVENUE. AS SHOWN
ON THE PLAT OF BOYNTON INDUSTRIAL PARK. AS RECORDED IN PLAT BOOK 25.
PAGE 232. PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA; THENCE NORTH
01°34'41" WEST. ALONG SAID EAST RIGHT-OF-WAY LINE. A DISTANCE OF 12.00
FEET: THENCE NORTH 88°25'18" EAST, A DISTANCE OF 277.90 FEET: THENCE
SOUTH 01053'32" EAST. A DISTANCE OF 170.47 FEET TO THE POINT OF
BEGINNING AFORE DESCRIBED.
o DENOTES DESCRIBED
P.B. DENOTES PLAT BOOK
P.O.C. DENOTES POINT OF COMMENCEMENT .�
P.O.B. DENOTES POINT OF BEGINNING
PG. DENOTES PAGE
SURVEYORS NOTES:
I. NO SEARCH OF THE PUBLIC RECORDS WAS PERFORMED BY THIS OFFICE
! 2. BEARINGS AS SHOWN ARE BASED UPON THE EAST LINE OF SECTION 20. TOWNSHIP 45 SOUTH.
RANGE 43 EAST. PALM BEACH COUNTY. FLORIDA HAVING A PLATTED BEARING OF NORTH
01°34'01" WEST AND ALL OTHER BEARINGS ARE RELATIVE THERETO.
UNLESS THIS DOCUMENT BEARS THE SIGNATURE
AND THE ORIGINAL RAISED SEAL OF A LICENCED
SURVEYOR AND MAPPER. TI4 DRAWING. SKETCH
PLAT OR MAP IS FOR ItItQRMr T11'��14A.L' PURPOSES
•
ONLY AND IS NOT VALl e, :�
/ 1 + �l
DATE: 4`/9f '0 : . -1-111k.
' CRQt6Ta,SID' �YS 1= Age
PROFESSIONAL B'URVEYO• D MAPPER
FLORA A,t+ ST4FI.CATE'1YO. 5019
. =RGI`-• .
Landmark Surveying OIST 1111. $0tAVAINO. SUITE ting �. SKETCH OF
IIHEST PAW iOi10K.R 3340E
p„ >s4 DRAINr4GE EASEMENT
Mai N/A causoft MUSK -tura: N.T.S. ' BOYNTON BEACH STOR—ALL
ipqt N/A oafs N*&1000 Iwoa.Fat 24ZO
mai N/A 010:401 FURY DIME 2420DE SWEET MO. I OF 2 .Foe Foo. $6 •I.-MO
E: _
•
1 .16k qH ONLY NOT A BOUNDARY SURVEY ORB 1 178n
Pg 1872
I
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I
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20/45/43
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( s 88606'29" w
S 88°06'28" w J 50.21' (CO
12.00' (D) ir____}
SOUTH LINE
SECTION 20/45/43--„,„ ,1
SR. 804 ,_ . , --- — -- — t•
(80_TNTON BEACH BLVD.) A ----P.O.1:. 1
SOUTHEAST CORNER OF-
SECTION 20/45/43
NOTE: •
DRAWING NOT TO SCALE
Lit survieybi & Mapping Inc. SKETCH OF •
$050 FOR SILL .SUM w0
PHONE : )�.;s DRAINAGE EASEMENT ':.
CAM N/A 01/22TRASK suet: N.TS. SOYNTON BEACH STOR-ALL
woo Iva eau WA.2000 Pm0s.nit 2420
kiA _ OOP= PM =I U 24200E SKEET Na. 2 of 2 I.+oe No se-1. - t4t0
. .
i
-
ORB 11785 Pa 1873
DOWRY H. MBA 'KW PB OaIBY, FL i.
CONSENT AND JOINDER OF MORTGAGEE FOR UTILITY EASEMENT
The undersigned mortgagee does hereby join in and consent to the granting of the
Utility Easement to which this Consent and Joinder is attached, across the lands therein
described, and agrees that its mortgage. which is recorded in Official Records Book
11629, Page 1994 of the Public Records of Palm Beach County, Florida, shall be
subordinated to this Utility Easement.
IN WITNESS WHEREOF, the Grantor/Mortgagee has hereunto set its hand and
affixed its seal as of the date first above written.
WITNESSES: GRANTOR/MORTGAGEE:
Signed,sealed and delivered BANK OF AMERICA,N.A.
In the presence of:
BY: _Zr_-. .. . ,A.
Wi Signature Carol C. Bergen,AV'
PPo ckv l,
Print 1
i filL. i
W tness • azure
riot Name
NOTARY CERTIFICATE
STATE OF FLORIDA
COUNTY OF BROWARD
L
The foregoing instrument was hereby acknowledged before me this2tt qday of
April.2000.by Carol C. Horgen,as Assistant Vice President of Bank of America, !"LA.,
who is personally known to me or who has produced as
1en C&Ion.
NOTARY PU13LT
Typed, Printed or Stamped Name of Notary
My Commission Expires: *- -.. ...: ---iii:.
_ ., ----:.----7-7.
L-:;:-..:,.,',. `XIVIESS OC 0,11003
FT/V:74221:1
f '' :a
y35SOH1 P. '19. 3
Roa-o7-1
1111111111111111111111111
DRAINAGE EASEMENT
THIS DRAINAGE UTILITY EASEMENT("Easement") is granted and entered into this
day of /-4 ,2002,by and between STOR-ALL, LTD.,a Florida limited partnership,
having an address at 1375 West Hillsboro Boulevard..Deerfield Beach, Florida 33442("Grantor")
and The City of Boynton Beach, Florida("Grantee").
(WHEREVER USED HEREIN. THE TERMS "GRANTOR" ANT) "GRANTEE"
INCLUDE ALL THE PARTIES TO THIS INSTRUMENT AND THE HEIRS, LEGAL
REPRESENTATIVES AND ASSIGNS OF INDIVIDUALS AM)THE SUCCESSORS
AND ASSIGNS OF LEGAL ENTITIES,WHEREVER THE CON TEXT SO ADMITS OR
REQUIRES.) Zs
o
RECITALS : ci
rn
A. Grantor is the owner of a certain parcel of real property more particularly described
on Exhibit "A" attached hereto and incorporated herein ("Grantor Property"), which Grantor
Property includes the property described on Exhibit"B" attached hereto and made a part hereof
forms a part(the"Easement Arca").
B. Grantee desires to obtain from Grantor and Grantor desires to grant to Grantee a
perpetual.nonexclusive easement for the construction,installation,maintenance and operation of a
retention area upon the Easement Area. I'
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby
declare and agree as follows:
I. Recitations, The recitations set forth above are true and correct and are incorporated
herein by this reference.
2. Grant of Easement, Grantor hereby grants and conveys to Grantee, a perpetual non-
exclusive casement ("Easement') over, across. under and upon for the Easement Area for the
construction, installation,maintenance and operation of a retention area.
3. Reservation of Rights. Grantor hereby reserves all rights not herein granted pursuant to
this Easement, including but not limited to,the right of free ingress and egress over and upon the
Easement Area and to grant further casements under,over and on the Easement Area,
4. Indemnification. The Grantee agrees to indemnity and hold the Grantor harmless from
all lost,cost,damage and/or claim incurred in conjunction with use of the Easement Arca by the
Grantee,its employees,agents and/or contractors. Without limiting the generality of the foregoing,
the Grantee agrees to indemnify and hold the Grantor harmless with respect to any hazardous
substance(s)which may be placed upon and/or migrate and/or flow upon the Easement Arca and
April 24).2002
FTL•RS9562 3
BOOK 13766 PAGE 0164
the Grantee shall be responsible for all costs associated therewith including,without limitation,any
cleanupcosts. The indemnity set forth herein shall include,without limitation,reasonable attorneys
fees and costs through all trial and appellate levels and post judgment proceeding and survive the
transfer of the Grantor Property by the Grantor.
5. Notices. If a party desires to give notice to the other,such notice shall be in writing and
addressed to the party for whom it is intended at the address shown above. The notice may be
deposited in the United States mail, certified or registered mail, return receipt requested with
postage prepaid or scnt by Federal Express or comparable overnighurrail service. Notice shall be
deemed to have been given upon receipt or refusal of delivery of said notice.
6. Approval. The Grantee acknowledges that any improvements placed upon the Easement
Area may obstruct the visibility of the Grantor's Property from Boynton Beach Boulevard and,thus,
any improvements placed upon the Easement Arca by the Grantee shall be limited to aluminum
fencing substantially similar in quality and appearance as that utilized by the Grantor on the Grantor
Property. Therefore,prior to placing any improvements upon the Easement Area(which shall be
limited to fencing), the Grantee shall submit the proposed plans for such improvements to the
Grantor for the Grantor's approval,which approval shall not be unreasonably withheld provided
such do not obstruct the visibility of the Grantor's Property and provided the fencing is aluminum
and substantially similar in quality and appearance as that existing on the Grantor's Property.
Without limiting the generality of the foregoing,the only improvements which the Grantee shall
make upon the Easement Area shall be in accordance with the Drainage Plan prepared by Kim ley-
Horn and Associates dated June, 2001 under Drawing No. 044349000.
7. Governing Law and Selection of Forum. This agreement shall be governed by and
construed in accordance with the laws of the State of Florida.
8. Maintenance. The Grantee shall be responsible to maintain and replace all
improvements and landscaping on the Easement Area. In conjunction with the foregoing, the
Grantee must maintain the Easement Area including all sod and landscaping in good condition and
repair.
9. Duration. Except as set firth in paragraph 10 below,this Easement shall be perpetual in
duration and may only be altered or canceled by written instrument executed by Grantor and
Grantee.
10. Resolution. The resolution adopted by the Grantee attached hereto and made a part
hereof as Exhibit "C" is a material inducement for the Grantor to grant this Easement to the
Grantee.
1 1. Binding Effect. The provisions of this Easement shall be binding on the parties hereto
and their respective successors. The Grantee shall not have the right to assign this Easement
without the prior written consent of the Grantor.
2
April 29.2002
FIE.559562.3
BOOK 13766 PAGE 0165
12. Captions. The captions and paragraph headings contained in this Easement arc for
convenience and reference only and in no way define,describe,extend or limit the scope or intent
of this Easement,nor the intent of any provision hereof. This Easement shall not be construed more
strictly against either party by virtue of the preparation of this Easement.
13.Counterparts. This Easement may he executed in one or more counterparts, each of
which shall be deemed to be an original, but all of which shall constitute one and the same
Easement.
IN WITNESS WHEREOF,Grantor has executed these presents the day and year first above
written.
Signed, seated and delivered GRANTEE:
in the presence of: THE CITY OF BOYNTON BEACH,FLORIDA
4042444_ Nt. tit By: Araraki
S' ature Printed Name: SALIN P- rerrunq
dilLektaa. in . "914 Its:Its: MAyor ,J
Printed N e yG;�
Sign ArruOVED A$TO F01
Priv Name M. _
/{.cam ui, ArIORNEY
GRANTOR: I
STOR-ALL.LTD.
) By: • nd n Stor-All. Inc., General Partner
/ .)
Tf• 1
afore —�' Printed Name:_ x,si,r.st__
(, .L _ , 1,1/,'N Its: cur.vnt Penne Sto4na,U .
/..1,:ipted Name
Si�
�te yv 4.c'
Printed Name
3
May 6.:OW
FT1.. 59562:3
fl;-i (d
Q. BOOK 13766 PAGE 0166
STATE OF (1N1 i3. CC r X1-1
)SS:
COUNTY OF )
I HEREBY CERTIFY that on this day.before me.an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowled c s, the foregoing instrument was
acknowledged before me by C9C-i 1 GY ... -. the
l7 _of THE CITY OF BOYNTON BEACH, FLORIDpC, wh rsonal ..
known t me or who has produced _ as identification.
r-
. Kms.
WITNESS my hand and official seal in the County and State last aforesaid this. __day of
a _,2002.
.0...\ kAlry Lynne lit.e+w
*0.wan
c ,r,k..►e,ec: il•---"-'777
ary Public
\../Eipins Aril 20.20
Typed.printed or stamped name of Notary Public
My Commission Expires:
STATE OF Phi OA )
) SS:
COUNTY OF .41'4‘.1.74::;) )
I HEREBY CERTIFY that on this day,before me,an officer duly authorized in the State
aforesaid and in the County aforesaid to take acic.nowled en{s, df foregoing instrument was
apknowlc ged before me by Hscre#,SL'!)( , the
I e
�(('SM\ / of Anderson Stor-All, Inc.,t c general partner of Stor•All. Ltd.,who is
personally known to me or who-has-produced. __ as identification.
pW TNESS my hand and official seal in the County and State last atbresaid this ii47'l day of
I11/-} ,2002.
;VJ�a ;rx tt k__________
Not` Public
71
6(t.t x 7-__Y lie
Typed,printed or stampedflne of Notary Public
My Commission Expires:
c it
Ca9C 9364'
ExPt s oec 2?,2418 -
r,w_,,„.'f wNoeo,MK AKIN
Ao1ANTA6(PitrArr •
4
April 29,2002
rTL.71s95621
BOOK 13766 PAGE 0167
rr// r
A' 17/J1/ It
LEGAL DESCRIPTION
THE EAST QUARTER OF LOT 8. SECTION 20, TOWNSHIP 45 SOUTH, RANGE 43
EAST, ACCORDING TO THE MAP OF TOWNSHIP 45 SOUTH. AND TOWNSHIP 46
SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK I, PAGE 4, PALM BEACH
COUNTY PUBLIC RECORDS.
LESS RIGHT-OF-WAY OF STATE ROAD 804. SECTION 93640-2601 AND THAT PART
OF THE EAST OUARTER OF LOT 8. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 20: THENCE
NORTH 01.34'01' WEST. ALONG THE EAST LINE OF SAID SECTION 20, A
DISTANCE OF 40.00 FEET: THENCE SOUTH 88°06'29" WEST. A DISTANCE OF
106.75 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN
DESCRIBED; THENCE CONTINUE SOUTH 88'06'29" WEST, A DISTANCE OF
202.19 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE
NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
HAVING A CENTRAL ANGLE OF 90'18'50' AND A RADIUS OF 20.00 FEET. A
DISTANCE OF 3153 FEET TO A POINT ON'THE EAST RIGHT-OF-WAY LINE OF
INDUSTRIAL AVENUE AS SHOWN ON BOYNTON INDUSTRIAL PARK AS RECORDED
IN PLAT BOOK 25. PAGE 232, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE NORTH 01.34'41" WEST ALONG SAID EAST RIGHT-OF-WAY
LINE OF INDUSTRIAL AVENUE. A DISTANCE OF 45.71 FEET: THENCE NORTH
87°52'12' EAST, A DISTANCE OF 181.08 FEET: THENCE SOUTH 33°25'50'
EAST. A DISTANCE OF 78.11 FEET TO THE POINT OF BEGINNING AFORE
DESCRIBED.
I
,
LEGAL DESCRIPTION BOOK 13766 PAGE 0168
A PARCEL OF' LAND LYING IN THE EAST ONE QUARTER OF LOT B, SECTION 20.
TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE MAP OF TOWNSHIP
45 SOUTH AND TOWNSHIP 46 SOUTH. RANGE 43 EAST. AS RECORDED IN PLAT
BOOK I. PAGE 4. PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. SAID
PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 20; THENCE
NORTH 0I°34'OI" WEST ALONG THE WEST RIGHT-OF-WAY LINE OF S.A.L. RAILROAD . A
DISTANCE OF 69.83 FEET; THENCE SOUTH 88°25'58" WEST. A DISTANCE OF
29.91 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN
DESCRIBED; THENCE SOUTH 88°06'28" WEST. A DISTANCE OF 51.35 FEET TO
A POINT ON A CURVE CONCAVE TO THE NORTHEAST. HAVING A CENTRAL ANGLE
OF 57°35'02" AND A RADIUS OF 14.50 FEET; THENCE WESTERLY ALONG THE
ARC OF SAID CURVE, A DISTANCE OF 14.57 FEET TO A POINT OF TANGENCY:
THENCE NORTH 34°18'31" WEST. A DISTANCE OF 57.82 FEET TO A POINT OF
CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST. HAVING A CENTRAL
ANGLE OF 62°30'01" AND A RADIUS OF 24.94 FEET: THENCE NORTHWESTERLY
ALONG THE ARC OF SAID CURVE, A DISTANCE OF 27.20 FEET. TO A POINT OF
TANGENCY; THENCE SOUTH 87°55'11" WEST, A DISTANCE OF 155.98 FEET TO
A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST . HAVING A ,
CENTRAL ANGLE OF 90°33'07" AND A RADIUS OF 7.75 FEET; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE. A DISTANCE OF 12.25 FEET
TO A POINT OF TANGENCY: THENCE NORTH OI°34'42" WEST. A DISTANCE OF
112,30 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE
SOUTHEAST, HAVING A CENTRAL ANGLE OF 90°00'00' AND A RADIUS OF 15.00
FEET: THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE
OF 23.56 FEET TO A POINT OF TANGENCY: THENCE NORTH 88°25'18" EAST. A
DISTANCE OF 39.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO
THE SOUTHWEST, HAVING A CENTRAL ANGLE OF 90°00'00" AND A RADIUS OF
5.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 7.85 FEET TO A POINT OF TANGENCY; THENCE SOUTH
01°34'42" EAST. A DISTANCE OF 13.00 FEET; THENCE NORTH 88°25'18"
EAST. A DISTANCE OF 46.00 FEET; THENCE NORTH OI°34'42" WEST, A
DISTANCE OF 13.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO
. THE SOUTHEAST. HAVING A CENTRAL ANGLE OF 90°00'00" AND A RADIUS OF
5.00 FEET: THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE. A
DISTANCE OF 7.85 FEET TO A POINT OF TANGENCY; THENCE NORTH 88°25'18"
EAST, A DISTANCE OF 172.09 FEET TO A POINT OF CURVATURE OF A CURVE
CONCAVE TO THE SOUTHWEST. HAVING A CENTRAL. ANGLE OF' 90°00'00" AND
A RADIUS OF 15.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE. A DISTANCE OF 23.56 FEET TO A POINT OF TANGENCY: THENCE SOUTH
01°34'02" EAST. A DISTANCE OF 169.47 FEET TO A POINT OF CURVATURE OF
A CURVE CONCAVE TO THE NORTHWEST. HAVING A CENTRAL ANGLE OF
89°40'30" AND A RADIUS OF 15.00 FEET; THENCE SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE, A DISTANCE OF 23.48 FEET TO THE AFOREMENTIONED
POINT OF BEGINNING.
• CONTAINING 1.04 ACRES MORE OR LESS. '
NOTES: UNLESS THIS DOCUMENT BEARS THE SIGNATURE
I. NO SEARCH OF THE PUBLIC RECORDS AND THE ORIGINAL RAISED SEAL OF A LICENSED
WAS PERFORMED BY THIS OFFICE. SURVEYOR AND MAPPEk,,THIS CRANING, SKETCH ,
PLAT ORMAP IS 1MFQRMAtIDNAL_ES
2. BEARINGS AS SHOWN HEREON ARE BASED UPON ONLY AND IS NOT VALID
THE SOUTH LINE OF SECTION 20
TOWNSHIP 45 SOUTH, RANGE 43 EAST. PALM BEACH DATE:.57
COUNTY FL. HAVING AN ASSUMED CM, PCIS. EY
BEARING OF S 88906'29" W AND ALL OTHER BEARINGS FRP IONAL WAY401" MAPPER
ARE RELATIVE THERETO. rLoRroa CERTIFIc 0. 5019
Landmark Surveying It Mopping Inc. SKETCH OF
1150 FOREST HILL eouLtvmo, sun100
Mew.PAMew. FL .3406 RETENTION AREA AT
PHONE : 361) 433-5405
IX 14398 STOR-ALL INDUSTRIAL AVE.
r+na N/A DUNK TRASKt 1'-S0' BOYNTON BEACH FLORIDA
soot: N/A WT. MAY 2002 1 mi. nu 2420
►pct: N/A accito: PUSSY c.00nLt 2420P0N0 SHEET NO I OF 2 J00 NO
rm,
BOOK 13766 PAGE 0169
Dorothy '1i. Wilken, Clerk —
SKETCH ONLY NOT A BOUNDARY SURVEY
Y
L� om_
INDU TRIAL AV _
L
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u„a I A=5735'02" 1 LEGEND
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r H R•14.50
''r++ � a, I COMMENCEMENT
z cn 1 __�,4L 40.0.8. z' POINT OF BEGINNING
IV w ____ R/W 6 RIGHT OF WAY
�o . „��' P.B. • PLAT BOOK
Cr zA P.$$O.B. pp 4 PG. • PAGE
"'o I 11 L 23. 0'30" A 9D 23•S6 .t. O.R.B. ' BOOK IAL RECORD
" 1 R•15.00� R1'15.00'
�/
S 01°34'O " E }
169.47
l
N 01°34'01" W S 88'25'58" w S.A.L. RAILROAD R/W
69.83' 29.91'
Landmark Surveying & Mapping Inc. SKETCH OF
1850 FOREST MAIL BOULEVARD, SUITE 100
WEST
BEACH.PALM N• A. s3406 RETENTION AREA AT
psoNE 561) 433-5405
L j4396 STOR-ALL INDUSTRIAL AVE.
N/A * ''-�' BOYNTON BEACH FLORIDA
won; WA OATS: MAY 2002 P•oj. RE 2420
PAGE: N/A NECKED: PUSSY C10Dcat 2420P0N0 S"EEr NO. 2 Or 2 JOB NO
J