R22-178 RESOLUTION NO. R22-178
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 102.3, 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
S:\CA\RESO\FDOT Utility Easement Subordination Parcel 102.3-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 Q
53
54 AT •
5 I Ike
57 Maylee 0'Ai-sus, MPA, C Ty P,•*''�F�
58 City Cl: Mayor
59
60 o�(NjON 8' �I�, APP D AS a FO;
r k RATF •. It
61 (Corporate Seal) 16%.,,•0-- T ��y ►;
62
63 1vt 003voik , i Michael D. Cirullo,Jr.
64 �t 192 • City Attorney
4 •1 '••....••
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2
S:\CA\RESO\FDOT Utility Easement Subordination Parcel 102.3-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. 102.3R
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 Ze xO Y- ,20 ata.,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. 102 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 Sheets
3 and 7 of the Florida Department of Transportation Right of Way Map of Item/Segment No. 435804-1,
Section 93200-2550,being more particularly described as follows:
Page 1 of 7
Commence at the Southeast Corner of said Section 20, being a point on the Baseline of Survey of State
Road 804(Boynton Beach Boulevard);thence South 87°41'52" West along the South line of said Section
20 and said Baseline of Survey of State Road 804(Boynton Beach Boulevard),a distance of 1,025.21 feet;
thence South 89°39'40" West continuing along said Baseline of Survey of State Road 804(Boynton Beach
Boulevard), a distance of 281.86 feet; thence North 00°20'20" West along a line at a right angle to the
previously described course,a distance of 53.00 feet to a point on the Northerly Existing Right of Way line
of said State Road 804 (Boynton Beach Boulevard) and the POINT OF BEGINNING; thence North
75°46'32" West along said Northerly Existing Right of Way line of State Road 804 (Boynton
Beach Boulevard), a distance of 11.39 feet to a point on the Westerly line of said Lot 8; thence
North 02°00'56" West along said Westerly line of Lot 8, a distance of 5.17 feet; thence
South 77°28'17" East,a distance of 22.75 feet;thence South 89°52'44" East, a distance of 108.33 feet to a
point on the Westerly line of Lot 12, DEIERL PARK, according to the plat thereof, as recorded in Plat
Book 23, Page 236, of the Public Records of Palm Beach County, Florida; thence South 01°58'53" East
along said Westerly line of Lot 12, a distance of 2.10 feet to a point on said Northerly Existing Right of
Way line of State Road 804(Boynton Beach Boulevard);thence South 89°39'40"West along said Northerly
Existing Right of Way line of State Road 804(Boynton Beach Boulevard),a distance of 119.39 feet to the
POINT OF BEGINNING.
Containing 380 square feet,more or less.
RECORDED
INSTRUMENT DATE FROM TO O.R.B. & PG.
Easement Deed 2/15/1990 Dr. and Mrs. City of Boynton 6445/939
M.N. Jacobs Beach,Florida
Utility Easement 4/9/1991 -- City of Boynton 6787/ 1601
(Per Resolution No. Beach,a political
R91-62) subdivision of the
State of Florida
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
Page 2 of 7
to pay the cost of such alteration,adjustment,or relocation,including,but not limited to the cost of
acquiring appropriate easements.
2. Not withstanding any provisions set forth herein,the terms of the utility permits shall supersede
any contrary provisions,with the exception of the provision herein with reimbursement rights.
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.
ATTE sT: 411.- CITY OF BOYNTON BEACH,a Florida
municipal corporation
Print Name: 0 I 1 By Its Board of City Commissioners
Clerk (or Deputy Cl• )
• `cc .
i 0:dile F •.•��I�
�: AL •:_.� Print Name:
to 0• SE i Its Mayor
NC
19�TEp:20 ,•• (or Vice-Mayor)
APPROVED AS TO FOR ', A1Qe •••
LEGAL SUFFICIENCY: `� . pP_
(Official Seal)
By:
City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me by means of 'I physical presence or
online notarization, this day of-O2.Ce` y-\\-N 2c , 20, a , by
P e�h�2 � , _Mayor (or Vice-Mayor) on behalf of the CITY OF
Bg4'NTON BEACH, a Florida municipal corporation, who is personally known to me or who has
produced as identification.
(SEAL) /_/�/�' i. I i
Notary Public
lel rtevo TAMMY STANZIONE Tam y L. Stanzione
Commission
n#GG 306158
* °=`cfol'° Expires March 25,2023
04,: Bo O4 hs 8440tN�ry,
Printed or stamped name of Notary Public
My Commission Expires: 3/01 5/A3
Page 5 of 7
23-UTL.05-07/18
This instrument prepared under the direction of:
Elizabeth S.Ouintana,Esq.
District Four Assistant General Counsel
Legal Description prepared by:
Luis A.Gaztambide,P.S.M. (01-08-2021) Parcel No. 102.3R
Document prepared by: Item/Segment No. 4358041
Diana Helmer(04-08-2022) 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
RESOLUTION
ON M ION of Gem issiener \i‘ Or C1rt&Z., , seconded by City
Commissioner ,the following R lution was adopted:
WHEREAS, e 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/b,�y the Board of
t Commissioners of the City of Boynton Beach,Florida, at a meeting held on the day of
L� OS"rAke� ,20 0�— .
IA" (
Print N. atFr' !'
Clerk, Boar. of City C.mmissioners
.�NTON `%1 City of Boynton Bea ,Florida
Co�VOieORATEN..90 1�1
; : SVA
op-
�N 192
••......
F!S R\�P
Page 7 of 7
435804 ► - P Lo2.3
K1y-08-1440 10:28a 90-132599 m m
. I r)R2 6445 Py 939 ... City o1 t
v9 j ' f! Boynton Lt a. I `‘
EASEMENT UEEU = d(!!R:' (i li•0 .
C, Utilities ' 1p
arc THIS EASEMENT mode this ./...'5— tiny of / c.�r , 19 1 wedWaT:cr
1 \�
f
41 �l`.t/t,C M•P.J_ LR
; �s?r �, !L� N L6'>.. nn par�(�e:iirii.�eltd•
tient pnrir end the CITY OF nutrition REACH, to tie State of Finridn, nu party
{ of the ae.eolldpert.
ajil f
WLTNE8SECh: that the paid pnrty(In..) of the Ilrut pert, In conoidotn-
.oarlaFrt�
PJM
tine or the num at Doc Hellsr 141.011) mrd other valuable tuu0Ideratlonn F
O
,�, pnid, the receipt of uhl••h In hereby nckanuledged, hnrehy grunt unto the ,
1 uecnnd party. Ito auccenaorn nod uaaigne, n perpetual easement nod tight-
s of-way fur the purl ne of a U�141_rY____ ennemoat, over, upas, under,
through nod netann the fel lowing dencrthou lmul, nitwit u, lytoo nod being In
1 the City of Royutnu Bench. Stntc of Mullin, to-wit:
a
1
o THE WEST 10 PEET OF THE EAST 25 FEST OF THE SOUTH 100 FEET
,. OF THE FOLLOWING DESCRIBED FARCE .:
,
THE WEST QUARTER (W.1/41 OF LOT 8 OF THE SUBDIVISION OF
SECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO ,
✓ PLAT BOOK 1, PAGE 4, LESS THE EAST 3 ACRES AS DESCRIBED IN
t DEED BOOK 975, PAGE 125, PUBLIC RECORDS OF PALM BRACH E
COUNTY, FLORIDA, LESS THAT PART LYING SOUTH OP THE NORTH
RIGHT OF WAY LINE OP Bi.YNTON ROAD (STATE nOAD NO. 804) AND .
'.,ESS THE NORTH 2'4 FEET THRRF.CF, SITUATE IN BOyNTou BEACH. r.
i PALM BEACH COMITY, FLORIDA. (-!-.1::f;.-; 1
3 r
$ ,.H': . ,..1: v.`,cL:ci,''r 3C !�4•1 .—I .Sz
TO HAVE ARID 10 HOLD the gems unto thin aecoud party. I to nucceeaorn and
annlann forever.
IN WITNESS WHEREOF, Rnld party(lea) of the firnt pert have/hag
,
hereunto not tXp or hnnd(a) and senile) the date first above written.
•
Signed, peeled and delivered in
the presence . ,
44 1 . ` . C" ' .,Cr-�.,.' ( _,(((�,((f«rr�z-.{i1LI._P ( I)
j. �r&<s'..,� (Seal)
r�fr /1' �..� Li A1tUu U `1
O
SVATr OF MAULS
COUNTY OF PALM BEACII
Before tar peraotlul1y appen red /h".1. 9110c;bS `r-
I to me wel known and
knGwn to me to be the indivldunl(s) doscri)+ed in onduho executed the fore-
ugoing iisetrument and acknowledged before me that they executed the name for the •
purposes therein capreos d.
1. `� WITNESS my timid and official aeal hula �, day of //=C4J-tcci-( , 1988. i.,
--I.0 ELIZABETH I RIQIAA g. 7/r�1� /1). A.Ie.�a t
`� A • 161aro of FI Ufa NOTARY P LIC tote of Florida at Large
° 'c t���y¢rnyrr��F-+4z 1fylQ/in g
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q, -,„ 13 a Hy cummioeion expires: iC,/tG/93
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t. e g m Min instrument prepnrad by:
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PALM �
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S ¢ JOHNS.CAME
4 i Gi to µ �
N...O,6.Seerch Page r o1/ Redrafted By Deer,, Prete]5/20/2019809 AY
Doc FIPALM 8445-00918
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•
• City op,. APR-15-199f 01:2690 91-101071
Boynton rBea0 ORB 6787 Pg 1601
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•
CE Rt1F I CAT I O N
I. SUZANNE M. KRUSE, CITY Cl"�r5.;. the City of Boynton Beach,
Florida, do hereby certify th eP attached two pages plus
Exhibit "A is a true and cor Resolution *R91-62
as it appears in the records of ,mac ity of Boynton Beach.
Florida. �0
NE M. KRUSE -
O•
t
SU Y• CLERK
,,• ;:�•+ •: �t il 9, 1.991
. t'>' 'tsF.Ae74;
America's gateway tee efie Gulfaream
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•
ORB 6787 Pe 1602
• ' RESOLUTION NO. R9l-6,./
A RESOLUTION OF THE. CITY COMMISSION OF • •
THE .CITY OP BOYNTON BEACH, FLORIDA, •
ABANDONING A PORTION OF THE OLD BOYNTON
ROAD RIGHT-OF-WAY, RESERVING UNTO THE •
CITY A UTILITY EASEMENT; THE • •
RIGHT-OF-WAY BEING LOCATED ON BOYNTON •
BEACH BOULEVARD AT OLD BOYNTON ROAD,
Q NORTHEAST CORNER AND BEING MORE
PARTICULARLY ' DESCRIBED HEREIN;
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A DISCLAIMER FOR SAID ROAD
AT-OF-MAY: PROVIDING THAT THE
CHED DISCLAIMER BE RECORDED IN THE •
IC RECORDS OF PALM BEACH COUNTY,
LORIDA; AND PROVIDING AN EFFECTIVE
• D
• HHEREj•ymond J. Posgay, Eaq., as.„agent for the
owners of .1� I, Florida Power & 'Light Company has
requested the • .an onment of the hereinafter described road
right-of-way; an
WHEREAS, cony have been solicited free the
appropriate City Depp.. vv ts; and
WHEREAS, public ••,ey n•s have been held before the
City's Planning and Zon 4,•Qrd and the City Commission on
the proposed abandonment; .
WHEREAS, based on the �,oing information, the said
right-of-way no longer servesiiii.loijul purpose.
NOW, THEREFORE, BE IT R ••ES : BY THE CITY COMMISSION
OF THE CITY OP BOYNTON BEACH, FLO D1 THAT:
Section 1: The City of Bo4;;h Beach, Florida, by
and through its City Commission,I hereby abandon a
certain right-of-way subject to the rion of a 10 foot.
a
utility easement along the southernmost 10' of the proposed
parcel in favor of this City, located in the City of Boynton
Beach, Florida, attached hereto as Exhibit "A".
Section 21 The Mayor and City Clerk are hereby.
authorized and directed to execute and deliver, the attached
Disclaimer and cause the same to be filed in the Public
Records of Palm Beach County, Florida.
xTVOVSh MNIt•
' ORB 678? Ps 1603
$eciion 3, . This Resolution shall .become effective
when a 10 foot utility easement• has bean grafted to. .the',• .
• City.
Section 4. The owners'of Parcel 1, Florida Power &
L t Company are responsible for all costs associated With
.ova • any. existing utility facilities located is the above
-r i9d right of way.
`-14S Y.lit,AND ADOPTED THIS a • day of XIAR/G
1991
, CITY OF BOYNTON BEACH, FLORIDA
Mayor •
"—
ice Mayr •
Comwlssioner
0
•
sioner
•
ATTEST:
(ghCi; Clerk
(Corporate. Seal) O
Abandow.doc Q
3/27/91
•
•
•
• O . 6787 PSI 1604 y
.EXHIBIT "A" •
That part of Section 20, Township 45
South, Range- 43 E¢at, Pala Beach County,
. Florida, described as• follows:
Commence at the Southeast Corner of said
Section 20; thence S. 88°02'21"W.,• along •
the South. Line of said .Section 20,
1631.39 feet to the easterly right of
way line of a fortyfoot road as shown
on plat of Subdivision of said Section
20, as recorded in Plat Book 7, page 20 •
O of the Public Records of Palm Beach
County, Florida; thence N. 0°49'09"E., .
along said easterly right of way line,
312.74 feet to line 50 feet
2)0southwesterly of. and parallel with the
onterline of Old Boynton Road and the
• int of Beginning; thence S.
41°47'42"R., along said parallel line,
_4:... .0I feet to a point of curvature of a
f�3?
. ` � e concave northeasterly with a
s of ' 527.47 feet and a central
•( � of 3°13144", thence southeasterly,
!
a,•1 - e arc of said curve, 29.73 feet; •
th (7e- S. 0°00'07W., 37.43 feet; thence
S. a °' 'S1"E., 140.34 feet to a line of
53.0,4��yrr±±�� t north of and parallel with
the •i erline of .State Road 804 as
shown on ,e right of ,way map recorded
in RoaN7/4_,:s
t Book 2, page 220 of the
Public s of Palm -Beach County,
Florida; j i ce 8. 89°59'53"E., along
said para -., line, 45.67 feet to a
, point on • rve concave to the
northeast w .0 f+¢dius-of 368.97 feet,
a central an• 23°41'37" and a chord
bearing N. }r' B'30"W,; thence
northwesterly, 1••�° the arc of said
curve, 152.58 y to a point of
tangency; thence �.t 1°47'42 'W., 110.00
feet; thence S. ° '18"W., •10.00 feet
to a line 15.00 f.t3Z.,r theasterly of
and parallel with enterline of Old
Boynton Road; then - ,. 41°47'42"W.,
along said parallel 11 27.66 feet to '
the intersection o• �a,e northerly
prolongation of the sai' terly right
of way line of the f•7 foot road;
thence S. 0°49'09"Wang said
Point prolongation, 96.00 fe the said
Point of Beginning.
Containing 28,537 square feet or 0.655 •
acre, more or less.
•
•
RECORo VERIFIED
PALM BEACH COUNTY.FLA
• , JOHN B.OUNKLE •
CLERK CIRCUIT COURT
I