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LEGAL APPROVAL S'J'7>.TE OF FLORIDA DEPARTMENT OF TRANSPORTATION R.ECEn'En SEP .23 198~ C/lYAlI ' ORIIt',;;,( ---------:.... DR. AND MRS. AUGUSTO LOPEZ-TORRES, Petitioners, and TOWN OF OCEAN RIDGE and AUDUBON SOCIETY OF THE EVERGLADES, Intervenors, vs. CASE NO. 88-4564 (formerly 84-1234) DEPARTMENT OF TRANSPORTATION, Respondent, and ~ITY OF BOYNTON BEACH, Intervenor. / FINAL ORDER The Florida Department of Transportation, Respondent, proposed to relocate a bridge which spans the Intracoastal Waterway between the City of Boynton Beach and the Town of Ocean Ridge by constructing a new four-lane, twenty-five foot clearance bascule bridge, 700 feet north of the existing two-lane, ten foot clearance bascule bridge. Petitioners, Dr. and Mrs. Augusto Lopez-Torres, challenged Respondent's decision, contending that the decision constitutes an abuse of discretion. A formal hearing in this cause was held February 21-23, 1989, in Palm Beach Gardens, Florida, before Hearing Officer William J. Kendrick of the Division of Administrative Hearings. A Recommended Order was issued June 2, 1989. Subsequent to the issuance of the Recommended Order, the parties have reached a settlement in this cause, which is attached hereto as Exhibit A. Pursuant to the settlement reached by the parties, Respondent, Florida Department of Transportation, agrees that it may at its own discretion undertake a new study of the location and design of the State Road 804 Boynton Beach Bridge over the -' REC'EIVl?J) r '. i\D\j .-" 1 ::.. y' , .,~ ,....I'..,~' \ , t'.1~,I'i"'. 1..1., PLAI"'!" '" " ,_::"~.~-:,~t _~~_o#" ., Intracoastal Waterway in Palm Beach County, Florida, State Project No. 93200-1504, currently assigned WPI No. 4118055. Petitioners, Dr. and Mrs. Augusto Lopez-Torres have withdrawn their request for hearing concerning the Respondent's previous bridge location and design. Said withdrawal is without prejudice in that petitioners may initiate an appropriat,e administrative proceeding or legal action should the Respondent subsequently decide to proceed with the project. The issues in this cause having been rendered moot by the settlement reached by the parties, it is ordered that this cause is DISMISSED. Sf'" DONE AND ORDERED this;?/~day of September, 1989. ~\CE\) SE\1 21 1989 O.oJ. 'ClER'" ~- BEN G. WATTS, P.E. Interim Secretary Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399 2 The following information is required by law to be included in all Final Orders: Judicial review of agency final orders may be pursued in accordance with Section 120.68, Florida Statutes, and Florida Rules of Appellate Procedure 9.030(b)(1)(c) and 9.110. To initiate an appeal, a Notice of Appeal must be filed with the Department's Clerk of Agency Proceedings, Haydon Burns Building, MS 58, 605 Suwannee street, Tallahassee, Florida 32399-0458, and with the appropriate District Court of Appeal within thirty (30) days of the filing of this Final Order with the Department's Clerk of Agency Proceedings. The Notice of Appeal filed with the District Court of Appeal should be accompanied by the filing fee specified in Section 35.22(3), Florida Statutes. Copies furnished: William J. Kendrick Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apa1achee Parkway Tallahassee, Florida 32399-1550 Hugh MacMillan, Jr., Esquire Sullivan & Nicoletti, P.A. 317 Tenth Street West Palm Beach, Florida 33401 G. Steven Pfeiffer, Esquire Post Office Box 5948 Tallahassee, Florida 32311 Paul J. Nicoletti, Esquire Sullivan & Nicoletti, P.A. 317 Tenth Street West Palm Beach, Florida 33401 Raymond A. Rea, Esquire City Attorney City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425-0310 Maxine F. Ferguson, Esquire Paul Martin, Esquire Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399 Rick Chesser, District Secretary Department of Transportation 780 S.W. 24th Street Ft. Lauderdale, Florida 33315-2696 3 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DR. AND MRS. AUGUSTO LOPEZ-TORRES, Petitioners, and TOWN OF OCEAN RIDGE and AUDUBON SOCIETY OF THE EVERGLADES, Intervenors. vs. CASE NO. 88-4564 (formerly 84-1234) DEPARTMENT OF TRANSPORTATION. Respondent, and CITY OF BOYNTON BEACH. Intervenor. I STIPULATION The parties to this action, Dr. and Mrs. Augusto Lopez-Torres, Petitioners, and the Department of Transportation, Respondent. hereby stipulate and agree as follows: 1. The Florida Department of Transportation has determined that a new study for the location and design of the bridge contained in Project Number 93200-1504 shall be ordered to begin at the discretion of the Department. 2. Because of the Department's decision to have a new study performed, the reason for Peti tioner' schall enge to the Department's 1984 decision has been eliminated. Petitioners hereby withdraw their request for an administrative hearing made on March 26, 1984. 3. Upon execution of this stipulation. there then being no pending request for a formal hearing. the Department shall enter a Final Order dismissing this action and closing the file. EXHIBIT A 4. The Department agrees that this new study of the location and design of the project shall be based upon new and updated data whenever such data can be practicabl y obtained. Further, the new study will conform to all applicable, current statutes and procedures. The new study will be supervised by a District Project Manager who was not involved in the Department's 1984 study. The Department agrees that it will take no action to continue with Project Number 93200-1504 based upon studies that were conducted prior to the date of this stipulation. 5. Each party will bear his or its own attorney's fees and costs. '1 it Signed this ~ day of September, 1989. HUGH SuI an & Nicoletti, P.A. 317 Tenth Street West Palm Beach, FL 33401 IN, ESQUIRE Florida De artment of Transportation 605 Suwannee Street, MS 58 Tallahassee, FL 32399-0458 Attorney for Petitioners Attorney for Respondent .' '~/"" . c'-=; ~~ G.. STEVE Fr~E::' 1000 Friends of Florida P.o. Box 5948 Tallahassee, Florida 32311 Co-Counsel for Petitioners ,'" - 0529B/l 101386 TRI-PARTY AGREEMENT This entered into this agreement day of October" 1986, by and among the Florida Department of Transportation (DOT), City of Boynton Beach, a Municipal corporation located in palm Beach County, Florida (BOYNTON), and J&J Ventures of Florida, a Florida General partnership ( J& J ) . WHEREAS, DOT intends to construct a four lane bridge over the Intracoastal Waterway connecting BOYNTON with the Town of Ocean Ridge. The new bridge would replace the existing bridge between BOYNTON and Ocean Ridge and would be located approximately 700 feet north of the existing bridge and the proposed si te of the br idge in BOYNTON would be the extension of Boynton Beach Boulevard to the Intracoastal Waterway; and WHEREAS, DOT prepared and recorded in the Official Records of Palm Beach County, Florida, the right-of-way map extending State Road 804 to Highway AlA and including the right-of-way for the construction of the four lane bridge over the Intracoastal Waterway; and WHEREAS, included map right-of-way the BOYNTON prepared by DOT and recorded in the Official Records of Palm Beach County, Florida, in its comprehensive plan; and WHEREAS, palm Beach County included the right-of-way map prepared by DOT and recorded in the Official Records of Palm Beach County, Florida, in its comprehensive plan; and WHEREAS, In accordance with the procedures of DOT, the location of the bridge was referred to a hearing officer for his determination. The hearing officer determined that the bridge could not be located .at the si te proposed by DOT and that the br idge should be located at the existing si te of the present bridge. The recommendation or ruling of the hearing officer was appealed to DOT and DOT rejected his recommendation. The action of DOT was appealed to the Fourth District Court of Appeal and the Appellate Court held that the action of DOT was erroneous and constituted an abuse of discretion and reversed and remanded the question for a full hearing. In rendering its decision, the Fourth District Court of Appeal recognized the great public importance of the decision and certified several issues raised in its decision to the Supreme Court. The Supreme Court has not rendered a decision on the certified questions; and WHEREAS, J&J purchased a tract of real property located in BOYNTON, and more particularly described on Exhibit wAw. The northern part of the real property of J&J falls within the area DOT intends to acquire in order to construct the four lane bridge. J&J is in the process of prepar ing and SUbmitting to BOYNTON a site plan wherein J&J intends to develop the real property as a hotel/motel marina complex with commercial buildings, boat docks, and other ancillary uses; and -2- WHEREAS, the real property described in Exhibit WAW is within the Municipal limits of BOYNTON and BOYNTON must approve the site plan before the property may be developed by J&J. NOW, therefore, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which each party acknowledges receiving, the parties agree as follows: ~ 1. J&J agrees to perform the following obligations: a) J&J, at its expense, will cause to be prepared engineering plans which will provide for the o~ reduction of the right-of-way on the south side of the bridge and the construction of a retaining wall on the !v 0:/; )? I south side of the br idge. Attached hereto as Exhibi t WB. is a copy of said plans. b) In ~he event the bridge over the Intracoastal \ Waterway is ~inally located at the extension of State " Road 804/Boyrilton Beach Boulevard, J&J agrees to \ \ transfer tE. DO]:'\ that portion of the real property of \ J&J which is d~scribed on Exhibit .C.. The real , property described on Exhibit .C. includes the fee title to a portion of the real estate and the fee title to a portion of the air rights but not the underlying ground which J&J will retain for its use. The parties to this agreement recognize that J&J is obligated to transfer the real property described in Exhibi t .C. to DOT and that the consideration which J&J shall receive for the transfer of the real property will be determined at a later date. -3- /? ~ / c) J&J agrees to conupy to DOT construction and maintenance which will enable DOT to easements construct the bridge in accordance with its plans and specifications and to maintain the bridge after it is constructed. A description of the easements is attached hereto as Exhibit wDw. d) In the briage over the Intracoastal Waterway is enable BOYNTON to located at the extension of state Road Boulevard, J&J shall dona t e to BOYNTON tha t of the real property described on Exhibit wAw complete an 80 foot to the Intracoatal Waterway. 2. DOT agrees to complete the following obligations: a) DOT shall bulkhead that portion of its property which is ad jacent to the Intracoastal Waterway. b) DOT shall construct a retaining wall on the south side of the bridge in accordance with the plans and specifications set forth on Exhibi t wBw and DOT shall maintain the retaining wall. c) DOT shall ente into a lease agreement wi th wi th the terms set right-of-way and J&J wherein DOT will agr lease to J&J the real property described on W EW and in accordance Exhibit wEw. Said real property is located within under the bridge. -4- 3. BOYNTON agrees to enact a resolution or resolutions obligating BOYNTON to undertake the following obligations: a) At tached hereto as Exhibi t W P- is a copy of the plans and specifications of DOT to construct the bridge as modified by the engineering plans prepared ~-, o by J&J, and attached.' hereto as Exhibit wB-. BOYNTON has reviewed said plans, as modified, and approves them. .J./ b) ?v~~ will be submitted by J&J to BOYNTON for approval does (~0~' nBoOytNTPOrNovsihdaell for access to Boynton Beach Boulevard. ~ ~ authorize J&J to use that portion of its I'}b .1 real property as depicted on Exhibi t -G - as an access ~~" /~ ,IIJ' route for emergency vehicles through the development /.~ pending final resolution of issues relating to the DOT ,) ~ ~~rI BOYNTON recognizes that the si te plan which of State Road 804. c) 1. In the event not authorized to \ construct the bridge I ~~.; shall extend Boynton ~A J I' r Intracoastal waterway ~~ of the real propert Qr' j .~ (,~ ~~ at proposed site, BOYNTON Boulevard/804 east to the northern boundary on ibit -A-. 2. In the event is authorized to construct the bridge on site, BOYNTON shall authorized J&J to that track of ground located at the east end 0 casa~ Boulevard, -5- Dated this Signed, sealed and delivered in the presence of: Attest: Attest: City Clerk day of -6- , 198 J&J VENTURES OF FLORIDA A Florida General Partnership under the laws of the state of Florida ;. By: James W. Hall, General Partner FLORIDA DEPARTMENT OF TRANSPORTATION By: CI TY OF BOYNTON BEACH, A MUNICIPAL CORPORATION By: Mayor .' LEGAL DESCRIPTION REAL PROPERTY OF J&J LOCATED IN BOYNTON MUNICIPAL LIMITS EXHIBIT -A- ENGINEERING PLANS PREPARED BY J&J REDUCING RIGHT-OF-WAY AND CONSTRUCTING A RETAINING WALL EXHIBIT -B- LEGAL DESCRIPTION J&J TRANSFER TO DOT EXHIBIT .C. CONSTRUCTION AND MAINTENANCE EASEMENTS CONVEYED BY J&J TO DOT EXHIBIT wDw LEASE AGREEMENT WHEREIN DOT LEASES REAL PROPERTY TO J&J LOCATED WITHIN RIGHT-OF-WAY EXHIBIT wEw DOT PLANS AND SPECIFICATIONS FOR BRIDGE CONSTRUCTION EXHIBIT wFw '\. . . f' PARTIAL SITE PLAN & LEGAL DESCRIPTION OF PROPERTY USED BY J&J FOR EMERGENCY VEHICLES EXHIBIT wGw Ii' '7'C: / /'~ \ ( OCC-11-199tJ 09:22all 90-352209 1,1/05/90 ORB 6667 P9 9S GRANT OF LICENSE BY CITY OF BOYNTON BEACH TO J & J VENTURES OF FLORIDA TH ~ S GRANT of a 1 icense execut ed and del i ve red th i s Ii) ,'// day of .s~p't~~~ti~;':' 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 Dolla r s (.$l 0 . 00) and ot he r good and val uable conside ra t ion, 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 to use the real property described on Exhibit F for the following ~ses: Parking the vehicles and boats of JJ and the vehicles and boats of the guests, licensees and invitees of JJ. property repair. JJ at its own expense shall maintain the license and the upon which the license is located in a good state of 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, se'rvants 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 to any other person or to its or their property, irrespective of the cause of such injury, damage or loss. JJ shall 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 ---tIi--e 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- ", .~:,"It :' ~..... :. " :::J', ." . ',~ ' ( ORB 6667 P'3 96 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 modif ied, amended or terminated without the prior 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 WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written ab~e. Signed, sealed and delivered CITY OF BOYN~ BEACH, ". .... ,. ~ I in the presence of: a Florida .,Mtinic-ip:aY'~or~t.ion /' ~$'/>;// .;./,// '/'71(( U/ ;;'~ 1;-1(> (..;(/ h,- ' By/: / / /' Jts i/ MAYOR. GENE MOORE """.'; ~ L ~t:t ;, / l Lr' , ..111 J & J VENTURES OF FLORIDA, a Florida General partnership <Bb~ct ) );kAcLv ~: Its: O~ ~ ) ,......"'t , I , '/ ~, /""" <') ". .~ ',J' '.'] fLk~/;/ - , ~~ STATE OF ~~/:LV9 COUNTY OF &Ld.? dEAc:Vr The foregoing instrument was acknowledged before me 1990" by t&eve $c::;:IOA!c "\>\1,11111:,,, of t he CI ty of~;\";JH)yiitp.r:t, corporation, on behal~/ \'9f.....sa~fr,;"., ,~? '/ 0 \ 1 1] f' .... :;. ~ .--... / LI_-rl f . './ ~ ~ /JA(/y/~~~~ ~ ;;: No ry Public ';-u)'..:Jlj'11f)~ ...~')~ .. .. ) /II '\' ~ My commISSIon expIres:'., "..,"... "'\' .~::- . \ 0, / ., ......... \' . f' - ' " - J'J .,. .., , '. ":,...J ~l ~'. '.,...."1'. n_.._~ ,I.~ ",. ..'..' '....' U.H'I-.....lnfLH!'1. .I',:~:~~~,~\..... this /9 day of 1tt/~,c.? , e ///;1'I/CJ~ Beach, a Florida Municipal corporation. STATE OF COUNTY OF t=- \ c < ~.\ 1:-- Pl"~ h\/', ~17c-....t \I, this aC~~Wledged be~prellme ~ by ~u.J;~ td ~ ~ of J & J Ventures, a sa~tnership. C~t~" Notary Public/ ~ My commission expires: The foregoing instrument was 41" day of D(lc,Q",,\'.,q'f , 1990, , the <OW;U /;.'/.. Florida general partnership, on behalf of 5647P NO I/\i\Y Pl1JI.IC. S 1,\ I C. Ur ,. ;.OI~ilJA. MY COMMISSION EXPIRES: JULY 24. 1993. 80NDED 'tHRU N01"AA'" PUBLIC UNDERWRITERS. -2- I I. II' \, 'III 1\ l : I 1..1 I V C l'.1'l.:J r-u l:. vl...>:;:}..J 0 ~ .L V " ( ( i. ORB 6667 P9 97 ... '333 N. PEO(IV.l HWY. JOHN A. GRANT, JR.; INC. COHSUlTl,,",O fH01NtERS & 'UlltVfYO~~ 1I0CA RATON, flOltlDA ti~:,SP'b~WS~ g~ ORANGE GROVE AVENUE RIGHT-OF-WAY SECTION 2~ TOWNSHIP, 45 SOUTH, RANGE', 43 EAST BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA , SK€1'(,~' F02' . LIG~1'tJQJ~E SQUA~E MARltJA EXHIBIT F 1- "" .:5 Lof ~q \ l'O ~ LOl 31b i . .& '~~~ i tl" ! " . .q ~ CASA L011\A 80~I.tVA120 5.m1J5b 1Jw. %.50' D&eI~'!. ~8Q\~IS1ON" ---l r 'JUf &c,j( 1. ~,n I I' " I I t loT 12 UI1 II ~I I I . ' 0 ,0 ""'\[1 '0 'i~ I " ~ u.i . C:C Lor 41, . w ,4-' ,~~~ j~ CASA loMA ~ 15$ I'uIr Boo< I~ PM~ 3 ' ~~ to ~~ '" ,[ , L ~ . I ':L, ~ I .-/ ' Lot I; , I !.Dr 14 : 2Z' ..e- 'l -- T~'~- __L 'J I l \ 5~rJ~'J/~~'f aOR~I€R OF ~ ,,~o' J J ',""- L01" I~ OF CASf1 lOn1A, ~ N e~' &3'50"1: tt 51' ~o,c., _ JOB. _ oS t'.>' '~3' 50" w ()c.fA~' A\I~~)I/~ t SKtfC.U . ll>lAfIO") Lo(A'1'lOrJ "'"p tH. $. """ 1=10"1 'I r:J TO f.~ I II."~ ., 0 ~,1'"\.t Ole". 'o-t~-~o (..Ill. Drown lyJrt Do'. 9,14*QO ch.~lr.~ &y ar. n. JI,8. -==- 'O~ -===- Seelt --1'~JSO' Job No.J6'JQO.4t.114.~)( Sheet I of 2 ". I I. I I t \ \I I I I . I 1'1 , V L. f'\ 1'4 .:> c. 1J I:. I.~ I 0 0 ~ d U .I. oJ ( ( ORB 6667 pg 98 JOHN ^. GRANT, JR., INC. conRulting Englneera 3333 North Federal Highway Boca R4ton, Florida 33431 JG lOO-4914-WX september 18, 1990 Shoot 2 of 2 LEGAL DESCRIPTION A PORTION OF ORANGE GROVE AVENUE RIGHT-OF-WAY A parcel of land lying in Section 27, Townohip 45 south, Range 43 East, City of Boynton Beach, P~lm B~ach County, Florida, said land being a portion of orange Grove Avenue ao shown on the plnt of CASA LOHA, as recorded in Plat nook 11 pnge 3 of the PUblic Records of Palm Bc~ch county, FlorJda and said land being more particularly described aa followsl COM~IENCING at the southwest oornar of Lot 13 of aforeaaid plat of CASA LOMA, altid point 1y1ng at the intersection of the North right-of-way 11no of. Ocean Avenue and the East right-of-way line of Orange Grove AvenUQ1' , THENCE with a bearing of S. B90 53' SO" W., along the North ri9ht-of-way line of ooean Avenue Q distanoe of 22.51 feet to the Point of'Beginning. THENCE with n be~rin9 of N. 020 01' 43" w., along a line lying 2 2 . r; 0 fee t \-7 est 0 ran u p l\ r a 11 e 1 tot h (! 1^! est 1 i n e 0 f Lot s 1 2 a n (1 13 of said plat of CASA LOMA and the East right-of-w~y line of Orange Grove Avenue, a distance of 250.01 feat to n point lying on the Westerly ext~nsion of the South right-Of-way line of caa~ Loma Boulevard, THENCE with a bearing of S. 8g0 56' 20" W., along said Western extension of the south right-of-way line of Cnsa Lorna Doulov~rd, u dist~nce of. 2.~0 f~~t to a point, on the west right-Of-way 1ino of Orang~ Grove ^v~nu~ and the East line of Lot 42 of DEWEY'S SUBDIVISION, as recorded in plat Book 1, page 37 of the public ~ecords of Palm Beach county, Florid~. THENCE with a bearing of S. 020 01' 43' E., along the Nest right- of-way line of Orange Grovo Avenue and the East line of ~aid Lot 42, a distance of 250.01 feet to the South~ast corner of oaid Lot 42 and the North right-Of-way linG of ocean Avenue1 THENCE with a bearing of N. 890 53' 50" E., along the NOJ:th right-of-way line of Ocean Avenue, a distance of 2.50 feet, more or less, to the Point of Be9inning. Containing 625 equare feet (0.014 Ac.), more or less, and subject.. to easements and rights-of-way of record. ~eBrlnga based on ~n aSAumod bearing of due Nest along the North line of section 27. . . " , -.,1.:' II. t." ;~.J 10.25.90 1 U : 44r.-\M * V ERN S E OJ E C T ( 95_- 3 3 1 5 P 0 2 ORB 6667 pg 99 ,. 3333 N. FEDERAL HWY. , JOHN A. GRANT, JR., INC. CON~UlT'NO I!NO'N!~"! & sUllvnou 1I0CA UTON, nORIDA JIll"'" SKETCH' SECTION 2~ BOYNTON OF ORANGE GROVE AVENUE'. RIGHT-OF-WAY TOWNSHIP 45 SOUTH, RANGE 43 EASr BEACH, PALM BEACH COUNTY, . FLORIDA EXHIBIT F S)(eJc.M ~Oll L16"f~se SQUA~E mA~INA ~ LOT 3'b ..,., ~ \.of I~ I I lnl II I I CAsA I LoIVlA I. furr B(XI( ntPMe 3--f- r . -~I I I I I ~ & ~~i t ~' ~. ~ ~ LOt ~q .~ ~ CASA LomA BOVlJVAItO s.~.~ 'lJ!w. Z5.0\' DeNef'~ ~8QWISIOtJ , .'A.M &oK 'I fA6& '51 l(}f I' Lof 14, I I I __L 5K€'f(,IA V><,A no.) Lor 4t i ui ~ ~~- ~'g .<::) -<:;i $'\Sl ~~ '" :s: . '"" g:~ ~<S ~~ ~~ '2. u) ..!) ';;! ~ o II I .~ ~ ~5,Ol M.aQ"S;''50''6. 5tJ!1~'J16~1' COPu€~ OF L01 15 O~ CASA lOMA P.D.I3. LoCA1' IO~ t't1A P fJ.l.~. OcEA; A1Jt~,}f, t R&J. 1'"1.,( p(~" 'O-'L~-qo LJv. Drew" 'lIy lM1.. Checked By or. j" ~ ' Scal_ . ~ :10 Sheet I of 2 Do'. a~I4--~o F.B. -=-- '0. -=- Job No. J6'IOO.44J4.~X , " r 10:44 AM ( *VERNS ELECT 395-331,5 P03 1,0. ?~. 90 . , ORB 6667 P'3 100 EXHIBIT F ..A. JOHN A. GRANT, JR., INC. consulting Engineers 3333 North Federal Highway Boca Raton, 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, Florida, said land being a portion of Orange Grove Avenue as shown on the plat of CASA LOMA, al5 recorded in Plat 800k 11, page 3 of the public Records of palm Beach 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 lying at the intersection of the North right-of-way line ot Ocean Avenue and the East right-ot-way line of Orange Grove Avenue, THENCE with A bear1n9 of N, 020 01143" w., along the west line of Lot.e 12 and 13 ot .aid plat: of CASA LOMA and the tast r1ght- ot-way line of orange Grove Avenue, a distance of 24g.99 l~et to the Northwest cotner of said Lot 12 and also at the intersection of the south right-of-way line of casa Lorna Boulevard with the East right-ot-way line of Orange Grove Avenue, THENCE with a bearing of S. 890 56' 20" W., along the western extension or the North line of said Lot 12 and the south right- of-way line of Casa Lorna Boulevard, a distance of 25,01 feet to a point, on th~ 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, page 37 of the Public Records of palm Beach county, Florida, THENCE with a bearing of S. 020 01' 43' E., along the west right- of-way line of orange Grove Avenue and the East line of said Lot 42, a distance of 250.01 feet to the southeast corner or said Lot 42 and the North right-of-way line of Ocean Avenue, THENCE with a bearing of N. 890 53' 50" E., along the North right-of-way line of ocean Avenue, a distance of 25.01 feet, more or less, to the point of aeginning. 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. , .' ' ( ( ORB 6667 P9 101 .:' ,"" . 1 3333 N. FEDERAL HWY. JOHN A. GRANT, JR., INC. CONSULTING ENGINEERS & SURVEYORS 80CA RATON, flORIDA SKETCH OF PARCEL A PORTION OF INTRACOASTAL WATERWAY. AND A PORTION OF LOTS 37: 38, 39 AND 42 OF DEWEY'S SUBD I V.I S ION SECTION 2~ TOWNSHIP 45 SOUTH, RANGE 43 EAST BOYNTON BEACH. PALM BEACH COUNTY: FLORIDA NW1H $ (C.flor. I L1/JE Dr Sfc.Tlon 7,7. T()wM~~lIP 4~ ~vrn. r<"'\(JE 43 &':1" .2 .... l'" \- V"l oq;- 'U.> ('n ~ ':.:~ ::t C;:i :x '8 3~.~ v', ._ '-f' .. "'-'T' ~ "- q;. ::;. '-J <, V1 ::t ~ ~. "'-\ SKE1c... FoR I lIWf~OVSE $QUARE fl111r21UA EXHIBIT B - ..:; I' ~, '" '" Duf, - EW,f 5,01"11' 19" v/. 1~5,13' ~.gt4~41'W, 30.00' P/1Pc.€l '3 L.4\ '\ T I . P1H~(.a I I \ .~ L. 3~. , \ L.31?>. I L. )7 I \.Ii [)[V/~"~ SU~Ol\jI~I'111 14/,,24', ---J S'~ ~ ~ ::b PLI\f BOOK I PA6G ?,1 '33 ~ ' "l- .,;~- ,. q I I S-----. - ~l ~ ~ , ~ ~ ~ s: PAP.(;~ . =a ~ ~ - -- - :- - - --- -'~ S.\3q~5b'20"W. bqq,IS - - - ~<"-- ~ it. \ :y, 1. r%T T 1 r-~TII - \'" ,P.O~~ ~ ~ L 4Z ~'<f: {\ 1~1 iL~ ("I L' 11& IL11L ~ liS 114 n l'I" \t~~~II'lq"( !S.W' \ ~g -f TI TII~I '-I I LSOVfllt~~f COR~E.P. Of I v' L.IJ Il.I4 IllS ,l.I~ 11.111l.L& 1.I11l: Ul l.tl Ln Wi L.14: WI .~ 1 - ~-- L - - - CflSA LDIl1P 1lt,4J' 80 IJLE.VI'1r. 0 S.'?Jl"53'61)"~'J, OCErl I A.J~III)€ L. 40 OP.I\"I{'~ GROIG AVHlV€ CA~f'. LomA Pun ~OOK II. PJ16E '3 Drown By UP. Checked By Scole I": ~OO' Sheet I of 2 Dole q-ZB-qo ~ F.B. -==-- Pg, -==- Job No. J&-loo.4914 -W'!. , . (" ( . , ORB 6667 pg 102 EXHIBIT B JOHN A. GRANT, JR., INC. Consulting Engineers 3333 North Federal Highway Boca Raton, FL 33431 JG lOO-4914-w)( 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 Lorna Boulevard and LESS the right-of-way of Qrange Grove Avenue as shown on the plat of CASA LaMA, as recorded in Plat Book 11, page 3 of the public ~ecord& of palm neach county, Florida. TOGETHER WITH: PARCEL 2: The East Half of Lot 39 und the East Half of Lot 42 in DEWEY'S SUBDIVISION, as recorded in plat Dook 1, l?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, TO\'1nship 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; T II EN C E wit h a be a r in 9 0 f ~! 0 r thO 7 0 II' 19" E a s t, a 1 on g the E a s t line of said Lot 37 and along the \'lest right-Of-way line of the Intracoastal Naterway, 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 890 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 050 44' 40" East, D distance of 142.01 feet to a point: THENCE with a bearing of North 820 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 070 II' 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 abut t Ing and lying immed ia tely No rth of said Lots 37, 39 and the East half of rJot 39 in DEWF.:Y'S SUBDIVISION. Bearings based on an assumed bearing of due ~est along the North line of section 27. RECORD VERIFIED PALM BEACH COUNTY, FLA JOHN B. DUNKLE CLERK CIRCUIT COURT ,- - ;.., ll/OS/')O T h i :3 l n s t r 1I men t "hU~ i H t' I':H I ~ d h Y dl1d ~,~11l1ul(i be returlH:~d '-(): E u 9 en e W. i1 u r ph y, ,J r ., F: s qui r c j'\UHPIIY, HElD, PILOT'l'E 0. ROSS, P.I\. 340 ROial Palm Way Palm ne~ch, Florida 3J4Un OEC-1 t-1990 09:22am 90-352212 0F$ 6667 h 11.;' COil JOHN 10.00 Doc .~~ 8 OUNI<LE l CLERK - PE I: CUN TY , r"L ,;,;HANT OF EASEf'1ENT L\Y J & J VENTUH ES OF FLORIDA TC r=ITY OF BOYNTON CEACIl T HIS G RAN T 0 F E AS E 1-1 E NT ex e cut e can d d ~ li ve red t his .. '/ day of NoVember, 1990 by J & J VENTURES, a Florida qen~rdl partnership (JJ), to the CITY OF BOYNTON I3EACH, a FlorirJF.l municipal corporation located in Palm Beach County, Florida (BOYNTON) . \'if-IEREAS, JJ O\olnS a parcel of real prop.:;rty described on Exhibit E. t.JOvl, THEREFORE, in consideration of Ten Dollars ($10.00) o E the goo c) and val u a b 1 e, con sid ern t ion, the r e c e i p tan d sufficiency of which each party acknowledges receiving, the 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 t he non-ex cl u s i ve easement by JJ to BOYNTON is [0 r vehicle and pedestrian ingress 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, heirsr successors, assignees and nominees. ..\ 4. This document cannot be modified, amended or terminated \oJithout 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. ,. 1 .I//Y . ,I.,' I, . 1/ ,',. 1/ CITY OF BOYNTON" BEACH, a Florida Municipa~~Corporation " - ' ..,,// ,,~.//,..,.: ,'C.' .,.... ~ l" <--- ,: .. By: Its: MAYOR, GENE MOORE . I If "''/ I rC""f ,-- t. .'....' ;,' '",Ct't, /' ,-'''': /' / J'~~~::-,'~.,~~~.~., ~ Signed, sealed and delivered in the presence of: r ,.", / : " , ,//:', 1~' ... ~ #I'~ f '.. I '\./ t(..........- J & J VENTURES OF FLORIDA, a Florid~_General partnership ___-- # ' , 'J ., \.. r.:.-".--- - ., ( c - "'-, '7 / ~ 1/ '-J ,~ By: C'.,/, C(,[/ a-' L,.' t, "'---~' /-t, C r..: i...,,:" . .~ ( " ( \ . ,,1, . ') . .~-:) i ' ILL" , ' \.... V / 1 ,"\,I)., -~ " . / 6275P/nb -1- ~ ""/'I vhc L.6'- '-J al f'~ ., .-1 ~ l l~' il/OS/lJO STATE OF COUNTY OF /-Wr?/~ ~~/// ~<:?# The foregoing in;;Lrurnent was ackf1owlr~dged before /'7" day 0 f /V<::'t/E/-'?/3e;.r< , 1990, by <G!C:/l./6 ///ao/'f!c the ////Yf/c/"r' of the City ot Iwyntun I\e.~ch, ,0 rlorida '''1unicipal corporntion, un bp.ha1f o[ ;;"irJ ,corporal ion. , " ' 'l ' , rn''? this t~ . J ': ':. \ ~ \ '- ;i~~x~ Y1 ~ ~/ ~J , Not ry PUblIC - My commission expires: . ~ ,'" "" " : STATE OF COUNTY OF " \ \ , \ \ . ' ~ I , \. \ \' ~ \'. " ( , l, this q ackQowledged before me b ;'".' .,. / .. I '.J._' ~ y o', ~.:,c., 1- <"..< 4::'", ,,-.t- ;:'c...., :............-: "--" oE J & J Ventures, a said partnership. '-"'j : c..- " . J" ._~~>. ~.... Notary Publ;~' . ,My commission expires: ",' 1i1,;Y r'U::JLIC. STATE OF FI.ORroA. MY (;UMMISSrON EX"RISJJULY :t4, 19ld. 1,)14010 THIO,U HOTAII., "UlILlC UNOlrIOW"'TIr"ti, The foregoing instrument was day of \ ';(.,\...;:1 ,1990, , the rr.'!.l. t-- c. < Florida general partnership, 6n behalf of 6275P/nb -2- JJJ:J N. FEDERAL HWY. JOHN A. GRANT, JR., INC. CONSULTING ENGINHR~ A. SURVEYORS SKETCH FOR SECTION 2~ BOYNTON ,~Ft: 666 -,- i~ ~ 1 ..S eQCA RATON. nORIDA OF EASEMENT INGRESS AND EGRESS TOWNSHIP 45 SOUTH, RANGE 43 EAST BEACH, PALM BEACH COUNT'(, FLORIDA SI<E1C.H FOR. L161-t1 HOV':>E. SQUI\IZf, MI'RHlA EXHIBIT E I _ ~=1____ -1 I U~fl.1H ~(O\OP), Llllf, OF SECi'lOf-1 n f n>.,.mSIIIP 45' )OlJrn I RA,I()€' 4~ E/\'>! Due We;;;f 34,O~' ,~ - -, .. -:--- l01 4{) -..; =0- \1'\'_ ~-- \r) C:> ttl~ vl ~ C:;' \." -...;. W -oc;. c-.; -.:) I..\J lo: 33 LClf 31 ~ ...,. " ' ,... "" s ~ '" o.:r: o vl ~ .. .J .V'\ ~ ~ ...' ~ 't..) _ ,I. _DEWei '~ 5V8(i1 ,/1~1()1 ~ * ~ - -r IlAT &))1( /, P/lf)~ 37 ~~ IX I 'g:ui ~ -. ::= \-~ \- \, '.) " I u. - \\) 3, ~ ~ Ul . .-. ~ UJ s. eq"5b'?Ji'~1 131. ?'''\' ::::t,-__ ~ (,,~~ LOll! A -E .'~ ~f)l}\'EV1h'O t C uTI --- """ ~~' 137.41' ~1. \Y1"Sb''Zo''e. -> ,- 'I) .... L.12 I., II I C"Sf>, ~ _ Pr..111 Bm/. II, PI\6f~ 3 1.13 I. [.14 I J ", .... 'c'l '.= , '0 2~" ~'S:? -- LOI 41 LD~ 4~ ~ I I 'lJ 1 I;;; ~ ~ f , ~ ~ ~ o \n "t- s, e'l~S~' sO ~, 13 S4o' , }4.p1.'.. p.o. 8. pO.C.- ~H31 53 50 E. = Oce:nr,) !\VE.\J u ~ \- .r> ~-.:- \.u H'l ." "U ~') -:2 <:;,' ~ 3 ~ -~ ,,, "l- \1) -' "- ::t: .., ~ ~ "'- '-' "'-' 1'" <:-.a :2 '0 6 w \,[> S 1((1(1-1 LOf.(\ilOIJ LOU"1"IO'J Ml\p /-.J.f,S, SOU'f}lfA~ i COF.'~f:P O~ ~01 41. i- Rl\Il~[ lt~lt 0 F BOt~IOAn'{ OF (r'I~fYtN'1' WZ ~ '7..7-1" - _ .J-J' Drown By lMt Checked By -::or Scole 1'\ 100' Sheet I of 2' G-I~.qo Oalll F.B. -==- Pg. -==- Job No. J(IIOO.1111,V);( --., '~-,a c.. --; ~;.. '_ -L , EXHIBIT E JOliN A. GRM'IT, JR" INC. cnnsulting engineers 3333 north Federal Highwl1Y Doca Raton, Florida 33431 R~V. september 27, 1~90 ,H~ 1 0 0 - ,1 9 1,\ - WX s~pt~mher ln, 1990 ~heet 2 of 2 ~r.GAL DF.0CRIPTION INGr-r.;;;; AND EGRr.SS CASEMF.t1'T' ^ 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 noynt.on neach, palm neach Co u n t y , F 1 0 r- i d a, sa ide a s e men t be in 9 il po r t ion 0 f Lot [l 3 9 and 4 2 of DEWEY'S GUnDIVISION, as recorded in P1ilt Dook 1, page 37 of the public Records of Palm neach County, Florida, suid easement b~ing more particularly described as follows~ COMMENCING at the southeast corner of the aforesaid Lot 42, said point lying at the intersection of the North right-of-way line of ocean Avenue and the West right-of-way line of orange Grove I\venue~ THENCE with a bearing of S. '890 53' 50" H., along the North right-of-way line of Ocean Avenue and the south line of said Lot 42, a distance of 130.40 feet to the point of neginning of said easement; - THe N C E wit h a b ear i n 9 0 f t I. 0 1 0 5 0' 11" t'l., a 1 on gal i n e 1 y i n g 34.00 feet East of and parallel to the west line of the East half of Lot 4 2 0 f DE \'1 EY 's sun D I V I S ION, a d is tan ceo f 2 80 .12 fee t to a point lying on the common line between Lots 39 and 42; . THENCE with a bearing of N. 890,56' 20" E., along said common line between Lots :9 and 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-P1a~ Eook 11, page 3 of the public Records of Palm neach County, Florida: THENCE with a bearing of N. 020 01' 43" w., along the t'lest right- of-way line of Orange Grove Avenue, a distance of 25.01 feet to the i n t e r see t ion 0 f sa i d ~'l est rig h t - 0 f - way 1 i new i t h the Nor t h right-of-way line of Cana Lorna Boulevard: THENCE with a bearing of S. 890 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 ...lith a bearing of N. 010 501 11" ti., -along a line lying 34.00 feet East of and parallel to the west line of the East half of Lot 39, " distance of 285.35 feet to a point 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 parall@l to the North Section line of Section 27, a distance of 34.02 feet to a p~int : TIJENCE with a bearing of S. 010 50' 11" E., along the tvest line of the ~ast half of Lots J!? and 42, a c1istanc~ of 590.55 feet to <1 poi nt, in the r~ 0 r t h r i ~I h t - 0 f - '.,' tI j' 1 i n ~ 0 fOe r:? i'1 n !\ '/ e n u e rl n d t h ~ south line of said Lot 42; THENCE with a bearing of N. 890 53' 50" E., right-of-way line of Ocean Avenue and the south 42, a distance of 34.02 feet, more or less, Beginning. along the North line of said Lot to the point of 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 VEnFnED PP.L',,; 13rACH CourJTY. FLA ./GHt" :-:, rL:~);<L;: CLEFIK Clncur;- CounT ., . ~... I "'-..--- _~-t l-{c;'C\~ C9:22dm 90-352211 iI/US/"I!) 0f'g 6667 ;'3 107 GHANT OF LICENSE I\Y r:I'l'Y OF lJOYNTON BEM:I! 'fO J b ,] VENTUHES OF FLOlnDA , '~.J. 1Jio-\Jj. s~r;~T o[ Lic:t~n"c "~ccutY_ti dnLl (ll:>li,vl;?[(:~d tl,i~:) ~ day ot septeJ;Ger, - 1C)90, by the City o[ noynton Reach, u !. lor Lrla Jnuniciral corporut ion, located in Poll,,, fleach county, Flot irJa [DOYNTON or GRANTOH) to J Eo ,J Ventu(f.~::; of rlorida, a Fl()ri,r~il general partnership [JJ or GRANTEE). HII EF{EAS, simple and more he r e to; and BOYNTON owns particularly ;. par C t! 1 ch.!scr i bed <Jt n:ill I!roperty in I ':f! on Exhibit r: <:tttaclll"] HIIEREAS, ,JJ owns il rarct~l or reed rroperty in fee sirnpl(~ and more particularly described on Exhibit n attached hereto; NOW, THEHEFORE, in consideratio.n of the sum of T(~n Dollars ($10.00) and other good and valuab-Ie considerntion, the receipt and sufficiency of which is hereby acknowledged by BOYNTON, BOYNTON hos granted, bargcdned, conveyed and sold to JIl, 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-ex'clusive license to use the property described on Exhibit C for the following uses: real 1. Ingress and egress pedestrian traffic to all of of JJ which is adjacent to BOYNTON described on Exhibit C. for vehicular and the real property the property of 2. Install such utilities either above or below the ground which JJ in its sole discretion shall deem appropriate provided, however, the installation o.t 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 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. (, 4. Make such other improvements to the repl 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. J ,J property automobile property; property. at its expense shall pave described on Exhibit parking stripes on install wheel stops on the C; the the real paint real real J,J license, at its own expense the improvements, shall and maintain the the property 5644p -1- Jh8 6667;.;,l ~ "8 l.U 11/u5/:JlJ II[JOll \'Jhich L he ] i c"n;,(~ i:, s Ll t e 0 f r (' p II i r : ; II lJ j f} r: t , 1 i 10 i t uti 0 n" con t ,-J t rH? r! i nth i ;-; 1 () C ,I L f ~ r 1 ] r I howpv,' r , ,I cJ t · ~ (~Tn (! n t . ,1 IJ Of) rj t h,: Lo ,JJ shall indemnify ilnd ~,ilVe harmless dnd dc'h~nd BOYNTON, its "gents, serViJnts and em p 1 0 ye e s E rom ':1 n cJ C1 9 a ins tan y c 1 aim, de man d 0 r call s e 0 f act i () n 0 ( ioJ h d t so eve r kin rI 0 r n d t u r t.:! ,1rUiing out o[ ':rrrJr, OmmiS[3ion or negliqent a c l 0 [ J J, i t~) a 'J e n t s, s e r van t S 0 r !.! m p 1 0 ye e sin connection with or rplated to its use und~r t his a 9 r e erne n t () 1: the rea 1 pro per t y des c rib e rj on Exhibit c. ,J J fur the r <:t 'j r e est 0 i n ci I::! m n i f Y , s a v ~ harmless and defend BOYNTON, its agents, servants and employees from and against any cIa i m , de man d 0 r c a use 0 f act ion 0 r '~J hat so eve ( I<i110 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 li"-lble. Neither BOYNTON nor any employee of BOYNTON sha 11 be any loss, injury or- carnage other person or to its or irrespective of the cause damage or loss. agent, servant or liable to JJ for to JJ or to any their property, of such injury, JJ shall maintain adequate insurance on its property against property damage and public liability and shall provide proof of such insurance to BOYlJTON 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 removes material and improvements located above the pipes, JJ will replace the base soil and repave the surface area. 5. Th i s document cannot or terminated without approval of the parties to the prior written approval with the same formalities dignity with this Agreement. f be mod i f i ed, amended the prior written this Agreement and shall be executed and be' of equal IN. WITNESS WHEREOF, the parties hereto have set their hands and seals tqe day and year first written above. Signed, sealed and delivered CITY OF BOYNTq~BEACH, in~the presence of: a Florida ~nlcipa~/corporation I , " // / ' /" -" 'V'/V"~ ...;.--, " ' // h/ .' /. - / j",-j ./,1 I ,:, 'II' .',' /, By:," /, ,j",p' ,,~---' I ~s : MAYOU:?GEt-iE MOORE / Jivt n/n~~ J &vJuit (, r " J , -r-"I'I-~ ---"'-~'r, .\,' .-:" ,...l. ,.";,, 1/'1 ',"I..~: / , . JiCl~f.l // -::-r---'..~' 1.- :-+-- -- ,,,', ' , ,\..;../ '. ,. " . -... ,I""t,..: ._ , ' ;, ,'.;J' ,- . /. , -:" . . " ..:, " '.. ,-;-,;- l//,",I..,'f"~.:'",j. ~./ r:: ,I f' 'I' , ..' rrI .. ,.J 5644P '., r' :'~ r // , '. ~ ... ~' , , ..J " ',' (',. I' . ~ ,,,... -; " ,. 7 .., .'.. ~, " " 1"." c: ._/ . .. ~J -, .,,('~~' C'J ,> , .J / I.' , {~C., ct,(.. ,. C-k- c:! '~ ". (" '- '/' (-' " , -2- ;: ~ t, \" ',:.~, I' . \ '. I)' " { "'J."'1" \., '-L" ..... - wi'" . .,C' vh.. ; ~ ,'-- tca I :-:i 1.-. r-, W -, ,,-, 11/05/<)0 STATE OF /Z'~,e,/zv,I COUNTY OF ..L:4v-?/ ~&-9,A# Tht:~ foregoinq instrument \"a~; dc:knowll~drJed !JI;![O(i.! (r.'~ this /9 \Jay o[ A/Ct/c-:.fi/.dC.~ 1l)90, by 2~e dk~e the ,/ ~?" c:JK 0 [ the C i t Y f) t IJ {) y n L [) n Beach, a Florida f1Ulllcipal corporation, on behalf of ~3di(J corporation. \~ fr~'JL'K'r.,~ ~J." ~ 1'10 try P l)l) 11 C My commiG~ion expires: STATE OF ~ \ COUNTY OF -- \ . \ ' .'. \, \, , 1/ Ii, The foregoing instrument \II'<lS (]cknow4:.e~ed hefore mf)! dny of II,: '. , ','J,J.. \ " . 19QO. by '.,1" .<-' '.' . / I.....- of J J ventures' as a Floridageneral partnership, on behalf of said , , .-.... this partnership ,.-~.:-'). . ., '-#'- ~-......;.."" Notnry Public My Commission Expires: "" 'f1 .. J 'I' 0': FI l:" .l. t.I '( cur,1 :" I'!;::;':'o;i EXP'R~[S: JUl. Y '2'4, i 993. llaNO,." THRU NorAH,. -UBue UNOtAW""T~f1f.1 5644P -3- JJJJ N, FEDERAl HWY, JOHN A. GRANT, JR., INC. CONSUl lING ENGIt'IUIlS .... SUIlVHORS 'J r ~, ~:..,j c..'~' . ~ l. 1. I~ flOCA U. TON, Fl ORIDA SKETCH 0 F CASA LOMA SECTION 27, TOWNSHIP 45 BOYNTON BEACH, PALM 5\((101 FoR: 1I6fnHO,)',l SQunrZ( mMIIIp. S((,110~1 t1. 10w~I~IIIP 4S SoI1fl.1, P-J\tlr,f. 43 E,,~, / :ZZ--I " ' $el'lL(: \ ,,100 / SI(HOI \J)(AfIOI,\ LOCA110t\1 rYlJ1P ~I.i. S. Drown By' Wft Checked By 7lL Scole I"~ 100' Sheet I of 2 ' Dole ----- c.;. \.'" ~ ;:t .,Se\: - ~-:-::: "" ~ 6~ Cj.lt2rf7o PARCEL BOULEVARD SOUTH, RANGE 43 EAST BEACH COUNT'(, FLORIDA EXHIBIT l.41,. () P,M J',( -~ I {~I ~ :-1- ~ ~ --~ tJDRruE~f C()pf.'F:P. OF ~ 10I I OF CA~" LOMA ..' / yO. B. -- ./.' ." 55:2(3' ---- S.OC.~A14' ~"W S.?/l"Sb1D",,1. '5J.'7,c,' --.... J.,' '" ~ ~ :-+ :-+ ~: ~:~-~--: ~ 1-: ~ f ~ ~ ~ c &: ~,\ c;;:: ~ --' --> o -J "'" \J'l .....) ~-.\ ~ --' ~A .-' ~ --> F B - Pg. - J~~ No, ~{,'IOO.4q14.W}( c I tJ 01,"01' 4"-"". 50.03' - - - 'J C ~'. . , .~ ~ " \\1 -' ~ t'< _) , J ~ , (;) -:::- .. C) --_\ .... V"' ~- '-.J 55.00' ---.--- .;'9'b ~ -::' "T c<'\ .~ +-l , -~ --301~':: n~Q-r.J :E(Tll)f) LI'I~ OF S~('TWI '1.7, TCloJlJ)II!O 45 ~,~~. QMl6E 4 3 f"~JT \- ~ Jl '-4> ~ '3 -J ...... => \.0 ~ $ -~ :::,'\<'\ ~ - \\.! ?~ D~ t-'"' "::) - \ ~- \.:1..\ ~ ~ \..I'l .. ~ ~ .." ? .-... c,~ (.' ~~ D.~ .c.. ~ ~ - -- I !1fFVI (011: rill V/. A f'f,P. W n 'f \)F.8 666 7 ~ Cl 1. t 1 "'-, EXHIBIT c JOHN A. GRANT, JR., INC. Consulting 8ngineers 3333 North Federal nighw<lY Boca Raton, FL 33431 ,J G 1 0 0 - 4 9 1 4 - WX s~ptember 28, 1990 shcet 2 of 2 LEGAL DESCRIPTION CASA LaMA ROULEVARD A p<lrcel of l<lnd lying in section 27, Township 45 south, Rangc 43 East, City of 'Boynton BC<lch, p<llm Beach County, Florida, said land being a part of Cusa Lorna Boulevurd und Cunal Drive uS shown on the plat of CASA LaMA 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 LO~1A, said point lying on the intersection of the- south right-of-wuy line of Casa Lorna. Boulevard and the west right-of-way line of Canal Drive~ THE N C E wit h a be a ring 0 f S. 8 9 0 5 6' 2 0" W., a Ion g the Nor t h 1 i n e of Lots 1-12 of said CASA LaMA and also the south right-of-way line of Casa Lorna Boulevurd, a distance of 656.41 feet to a point lying on the west right-of-way line of orange Grove Avenue~ THENCE with a bearing of N. 0_20 01' 43" W., along the west right- of-way line of orange Grove Avenue, a distance of 55.03 feet to a point~ THENCE with a bearing of lJ. 890 56' 20" E., along the North right-of-way line of Casa Lorna Boulevard, a distance of 699.15 feet to a point~ THENCE with a bearing of S. 050 44' 45" W., a distance of 55.28 feet to a point~ THE N C E wit h a b ear i n g 0 f S. 8 9 0 5 6' 2 0" toT., a d i s tan ceo f 3 5 . 2 6 feet, more or less, to the point of Beginning. containing 38,248 square feet (0.878 Ac.), more or less, and subject to easements und rights-of-way of record. Bearings based on an assumed bearing of due west along the North line of section 27. () t. 1-71 .'" .~RE. ":"66" r 3 I , ' l l.-'- 33J3 N. FEDERAl HWY. JOHN A. GRANT, JR., INC. CONSUlllNG t:NGINHRS & SURVl:YORS 80CA RATON, n01710A SKETCH OF A PORT ION OF WATERWAY AND LOTS 3"7, 38, 39 AND - 42 OF DEWEY'S SUBD I V I S ION SECTION 2~ TOWNSHIP 45 SOUTH, RANGE 43 EAST BOYNTON' BEACH, PALM BEACH COUNTY, FLORIDA PARCEL \NTRACOAST AL A PORT\ON OF ~)Orm W.f1011 Wlr, or SW10P 7..7. TO\'lW,IlIP 4t;; ~u1)\. F!',\(,f, 43 F/:"" ~- ~, ...,- UJ \'"<""\ o:'r- 'y :" ..... cy_ '0 :t: C) '- '0.) 6 ~".. VJ .- V' .. ~.,. \J) -..J <:>::. v <-...) ..... :; ~E1(.~ fo~' L\6HHIOIJ"e ~~V/l~( rflflR"1A EXHIBIT B .~ .... ,.. ~ 1""-" ""',\ - ..... , , . '" . . L. 4\ locr r I~I\I DIlf, E(I/,~ 12~~Ob' J 01(!11'11"v' - -- -- \ - ----T ~~ ---- - - ~.3~::~:~W \ \ PPP~fL \ \ ;-- JOW I '7f'l 1 -;1.1"1. . l 'l.1 .r--.- p/lfJca '3 \ .~ 1......1 \ . J~.) \ . .) I ~'-\ '-" DrtJCr") JU80'\J1~F)I\ \~U4' __-J I '(3 ~ J _ ~ Ptf\f BOOK I, rf\(,~ :,1 'no % ---. ~ f;' :.:: ~ \ <: PAP.t.~ . ~". ~ ~ ~ t; _ __ .:- _ _ ____ -'~ S.6q~5b'M'W, b~l\ IS - - - ~<" ~ :?2 \ -:7. ~ r%TT 1 r-TT:T- . \--- -~ ~ ~ l. 4t ~ -;r: /1: ~;l i LI'1'''( 1 L ~ \1' t I'~ It ~ 11+ t \" \(~~~1I11't 15:0 \ ~~ I-I I TII~\ -\ I LSOtifilU'SI WR,jSQ \ ' v; [_IJ ,1I4jllS Il1b IlIlIU~f~ fw'bJ '" 111\'_:4; 101 -~1 j ~_ LLL.L _ _ L .1_ --- CAS~ LClYi(J ilt4" "0 O','^ll t\.J:rll)l~, " ()OiJlf,WWG S.'?f1"'J3'~I)":,/. lot-I n "'- _ "'--" U()I' LOm~ OPfirY.,f. (,RDrG f\I/Hl\lE Ptfl1 F'OJ.< II. rlV,E '3 l.40 ~ Drown By ~i{l. Dole Q.l6.f(1) ~ F.B. -==- Pg. .=::- Job No. J(,-lno.A1J~ -1,11, Ct-.eclced By Scale I.: ~OO'. Sheet 1 of 2 r;k. ~~ RESOLUTION NO.R90-17~- 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 COMPOSITE EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. ~\rf C( ~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The Mayor and City Clerk art:: uc......._.z directed to execute certain License and Easement Agreements between the City of Boynton Beach, Florida and Lighthouse Square Marina, said Agreements being attached hereto as composite Exhibit "A". Section 2. This Resolution immediately upon passage. shall take effect "'./ PASSED AND ADOPTED this 7 oaf"-of November, 1990. ,.0--- ..>:7 c;ITY,Oe,'BOYNTON BEACH, FLORIDA //// ~.~ I Mayor ~ fL.! ~/ i~ /' ice Mayor (7 ~ ] 1:, . - I ,/ J '-'.h.A..-......J \ ~ Co issioner Iur~ tv;t(A~ Commissioner ~ C'o;;;'i ;;;;;nf. L LL -/ '" '-7 ATTEST: ~~~~Q7( ~~-"L- Clt. Clerk (Corporate Seal)