LEGAL APPROVAL
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i1AR-3f-f993 9:51am 93-094076
ORB 7643 ;"3 993
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,,~~ TEMPORARY E~~.EM'2~T AGREEMENT
.. ' .
Ttll S TEMPORARY EA,SEM'ENT AGREE'MENT, made and enteredi nto
th;s.;y~ day of February'. 199-3, by a,nd' petween' WA1BOYN I,
DEVEL015l'fE1fT- CORP., a Maine corporatfon(IWalboyn"), CARRIAGE
HOMES DEVEL,OPMENT, INC., a Florida corp'or'ai;i-oh ("Carriag'e H-omes.!')
./ / 'a n d the C I T Y 0 F BOY NT 0 N B E A C'H, F LOR I D A, a m tJ n i c'i pal cor p 0 rat i Q n ,
't.:::; ("City").
R Eel TAL S
WHEREAS, Walboyn is the fe~ simple owner of that certain
parcel of real property (the "Walboyn Real Property"), situate,
lying and being in Palm Beach County, Florida 'more particularly
des c rib e din Ex h i bit II A II at ta c h e d 11 ere to and mad e a' par the reo f;
and '
WHERtAS, Carriage Homes is the fee simple owner of that
certain parcel of real property (the uCarriage Homes Real
Property") situate, lying and being in, Palm Beach County,
Florida 'more particularly described in -Exhibit "B" atta-ched
hereto ..~:Ad ma'de 9, part 'hereof; and "
WHEREAS,Wa1buyn de'sires :to grant to Carriage Homes an'd to
the City andCar~iage ,.Homes and the City desire to receive from
Walboyn a tem,orary, hon-exclusive easement of pass~geand use,
bot h pedes t ria n and ve h i c u 1 a r , on, 0 v era n d ~ c r 0 s s t hat po r t ion
of the W~lboyn Real Property more particularly described in
Ex h i bit ", C" 'a t t a c h e d her e t 0 a nd mad e a par the reo f ( the II 0 f f s f t e
Ea~ement A~ea"); and
-
WHERE,AS, Wa"'b'oyn desires to grant to Carriage Homes and to
the City and ,Carriage Homes and the City desire to receive from
Walboyn a temporary, non-exclusive easement for the maintenance
and const~uction of public utilities and' cable television
facilit,ies' on, over and across the Offsite Easement Area.
"NOW, rHEREFORE, in consideration of the premises and other
valuable consideration, the receipt and sufficiency of which are
hereby acknowl edged, the, foll owi rig grants" agreements and cove-
n a n't s a r ,eo mad e :
'1. GRANT OF EASEMENT FROM WALBOYN TO CARRIAG-E HOMES AND'
f~i:fIrr:.-------------~--------~-----';-c------:------- '
W"a,lbqyn hereby grants to Carriage Homes "and its successors'
and assi9.11'~ ai'l~ to the City as an easement-- appurtenantlo the
Carrfa~~~Homes 'Real Property, a temporary, non-exclusive easement
of pa~sage' and use, both ,pedestrian and venicular, o'n, 'over and
acrosst,he' Offsite Ease'11erit Area fcrr priva.te road purposes. ,
WalDoY1i ne'y.-eby further grants to Carriage Homes and ,its
successors and assigns and to the City as an eas~ment ap~urtenant
tot he. Car t fag e H 0 m e s 'If e alP r 0 per t y, ate m p 0 r" a.r y, no. n - e x c 1 u s i ve" .-
e a s e m'e n ffo-t the m ain't e'n a n c e and construction of public utilities
and cable te'levis'ion facilities o'n, over and a'cross the Of {site
E a s em en tAr ea. T h ~ e a S e men t s est a b 1 ish ed, c rea t e d and, gr ant e d
hereby shall, be TOr' the' benefit of, and re'stricted so'lely tiS the
City an'd to the owners from ti'1rte to time of 'the Carriage Homes
Rea 1 Pro per t y, b u. tan y s u c how n' e r may 9 ran t the b e n e fit 0 f s u c h
easeme'nt, license, right and privilege to the tenants of such
owne.r(s) now or' hereafter occ,upying any imp.rovement(s) located
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ORB 7643 P'3 994
upon the Carriage Homes Real Property for the duration of such
tenancy. Other than the 1 imited easement rights granted herein,
any and all rights in and to the Walboyn Real Property are
expressly reserved to Walboyn.
2. DIVISION OF CARRIAGE HOMES REAL PROPERTY. If the
Car ria g e H-omes--Real-P-Y:operty--,s-liereafTer--dlvlde din tot woo r
more parts or parcels by separation of ownership, the owner(s) of
each such separate part or parcel shall be subject to the ease-
ment hereby created in favor of the City and the Carriage Homes
Real Property and no such subdivision of the Carriage Homes Real
Property, regardless of the number of separate parts or parcels,
shall be deemed to unlawfully increase the burden and use of the
easement hereby created in favor of the City and the Carriage
Homes Real Property.
3. WARRANTY OF TITLE.
a. Walboyn warrants that it is the owner of the fee simple
title to the Walboyn Real Property.
b. Carriage Homes warrants that it is the owner of the fee
simple title to the Carriage Homes Real Property.
4. ATTORNEYS FEES.
In connection with any litigation arlslng out of this
Agreement, the prevailing party shall be entitled to recover
reasonable attorney's fees and costs at all trial and appellate
levels.
5. ENFORCEMENT.
The easements, restrictions, benefits and obl igations
hereunder shall create servitudes upon the Walboyn Real Property,
running with the land. This Agreement shall create privity of
contract and/or estate with and among all grantees of the fee
simple title in and to all or any portion of the Walboyn Real
Property, their heirs, personal representatives, administrators,
successors or assigns. In the event of a breach, or attempted or
threatened breach, by any owner hereafter of any portion of the
Wa 1 boyn Rea 1 Property in any of the terms, covenants and con-
ditions hereof, the owner(s) of the Carriage Homes Real Property
and/or the City shall be entitled forthwith to full and adequate
relief by injunction and/or all such other available legal and
equitable remedies from the consequences of such breach.
6. GOVERNING LAW.
This Agreement shall be construed, interpreted and enforced
in accordance with the laws of the State of Florida.
7. MAINTENANCE OF OFFSITE EASEMENT AREA. The owner of
the Wa 1 b 0 yn--Rear-Property--and-'t"he--o-W-n-e-r--or- the Car ria g e H 0 m e s
Real Property shall be jointly responsible, and shall share costs
on a 50/50 basis, for construction, maintenance or repair on or
to the Offsite Easement Area. Either owner may initiate and
perform construction, maintenance or repair on or to the Offsite
Easement Area and shall be entitled to contribution from the
other owner for 50% of the costs therefor.
8. DURATION.
This Agreement shall terminate upon the recordation amongst
the public records of Palm Beach County, Florida of a plat of the
Walboyn Real Property, approved by the City.
2
ORe. 7643 Ps 995
IN WITNESS WHEREOF, the parties hereto have executed this
Temporary Easement Agreement the day and year first above
written.
d, sealed and delivered
e presence f:
c?
~-~---
fi--~-~--
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.7tLflJ,T(k~#-/if&----
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WALBOYN D VELOPMENT CORP.,
a Maine c rporation
By: ( -rt\i'tVL:- cJ .?
Tt5-VTce-Pre5Tdent------
By:
CITY OF BOYNTON BEACH, FLORIDA,
a mu~~cor!/rati~n
By: W,I) -' - ....-
-------~~~-----
Xrline Weiner, Mayor AP
STATE OF RIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that the foregoing instrument was
acknowledged before me this __~!~__ day of February ,
1993, by Thomas T. McMurrain, the Vice Presldenf-of--WaTboyn
Development Corp., a Maine corporation, did not take an oath
and who is personally known to me.
No r
Name:
Commis51on No.:
ing CAROL KING
NOTNtT t'oarn;-mlE OF RoORlDA
. & March 17, H
BONDED THRU NOTARY PIJSUC uNiJERVt'RfTl
00I&t1SSlON NO.
ce 09~38
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that the foregoing instrument was
acknowledged before me this4th day of February ,
1 993 , by And r e w Be r 9 e r , a s--"Pres ide n t 0 f --c-arrlage--Home s
Development, Inc., a Florida corporation, who did not take an
oath and who is personally know~~, _ . ______________~~ .
~ry Publ, c CAROLl\iN{'1
N am e : Carol K' NOTA.qX ~W3j':C: ~JfoT;;SF R.CSiD.:
C omm i s 510 n No.: _ _~_itI1'y_;l.g:3;;'~~m\
!lOi'JNO.
ce 09S838
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTI FY that the foregoi ng instrument was
acknowledged before me this _~__ day of _~~~~~_____-_,
1993, by /9A'L/A/E $-=//\/~~ , as /l?/9YeJ~ of the
C i t Y 0 f B 0 yn1on--Seacli-:-T1orl-cra~--a-muni c i pal -corporatTon:- who did
not take an oath and who is personally known to me.
N~~T~-~~~~--------
Name: -~~~~~-,~-~~~~-n.......,.,.."..-
Co mm, s s , 0 n No: ",:f.<,'!'i.r.",:~:", , ~~n... n. 1\~U"'"
. ~-:';~4lr.f~!'j!~o\f'tRES
~:;~:(&~.~1 J~i1IJ~.:Y 2, 1397
"'/ o;,,.~~., BONDED Tf;~tI T?(JY FA1N iNSURAN::E, Ille,
"I,i"I\'
My Commission Expires:
3
ORB 7643 Ps 996
Exhibit IIAII
Walboyn Real Property
A portion of CONGRESS LAKES - PLAT NO.1 (P.U.D.) as recorded in
Plat Book 46, Page 124 of the Public Records of Palm Beach
County, being more particularly described as follows:
BEGINNING at the Southwest corner of said Plat of CONGRESS LAKES,
thence North 0104412111 East a distance of 165.47 feet; thence
North 4404710811 East a distance of 45.00 feet; thence North
6101813511 East a distance of 92.01 feet; thence North 0104412111
East a distance of 292.00 feet; thence South 8801513911 East a
distance of 128.16 feet; thence North 6700010011 East a distance
of 124.69 feet; thence South 0104412111 West a distance of 298.32
feet; thence South 4604412111 West a distance of 83.78 feet;
thence South 01044'2111 West a distance of 217.37 feet; thence
South 8805711711 West along the Northerly Right-of-Way of the L-16
(Boynton Canal) a distance of 292.56 to the POINT OF BEGINNING.
Subject to easements, reservations and rights-of-way of record.
Said land situate, lying and being in Boynton Beach, Palm Beach
County, Florida, and contains 3.17 acres more or less.
ORB 7643 pg 997
Exhibit IIBII
Carriage Homes Real Property
A parcel of landt being part of the Southeast quarter of Section
18t Township 45 Southt Range 43 Eastt and being part of the North
half of the Northeast 1/4 Section 19t Township 45 Southt Range 43
Eastt in Palm Beach CountYt Florida and being more particularly
described as follows:
Commencing at the East 1/4 corner of Section 18t thence S
89005'0911 Wt a distance of 50.05 feett along part of the North
line of the Southeast 1/4 of Section 18t to a point on the West
Right-of-Way line of Congress Avenue as described in O.R.B. 1290t
Page 519t thence S 89005'0911 Wt a distance of 1301.41 feett along
part of the North line of the Southeast 1/4 of Section 18t to the
East line of a tract as described in a deed from N.R. Field to
Sunny South Estatest Inc.t recorded in O.R.B. 3206t Page 1070;
thence S 0104412111 Wt a distance of 1370.28 feett along part of
said East linet to the Point of Beginning of the parcel described
her e i n t S aid poi n t b e i n g 0 nth e Sou t h Rig h t - 0 f - Way 1 i n e '0 f N. W
22nd Avenue as described in O.R.B. 1785t Page 1569t thence N
88059'5611 Et a distance of 300.43 feett along the said South
Right-of-Way linet thence S 01044'2111 Wt a distance of 210.00
feett leaving NW 22nd Avenue; thence S 58012'4411 Et a distance of
216.05 feet; thence S 31047'1611 Wt a distance of 140.00 feet;
thence S 5801214411 Et a distance of 360.00 feet; thence S
01044'2111 Wt a distance of 1014.23 feet; thence S 53030'0011 Et a
distance of 49.16 feet; thence S 01044'2111 Wt a distance of
130.00 feet; thence S 8801513911 Et a distance of 70.00 feet;
thence S 03044'5711 Et a distance of 119.99 feet; thence S
67000'0011 Wt a distance of 134.18 feet; thence N 88015'3911 Wt a
distance of 128.16 feet; thence S 01044'2111 Wt a distance of
292.00 feet; thence S 6101813511 W, a distance of 92.01 feet;
thence S 44047'0811 Wt a distance of 45.00 feet; thence S
0104412111 Wt a distance of 165.47 feett to a point on the North
Rjght-of-Way line of the Boynton Canalt as shown in Plat Book 7t
Page 19; thence S 8805315711 W, a distance of 382.60 feett along
part of said North Right-of-Way linet to a point on the West Line
of Lot 14t a Subdivision of Section 19 as recorded in Plat Book
7t Page 19; thence S 00009'0411 Wt a distance of 9.19 feett along
part of said West linet to a point on the North Right-of-Way line
of the Boynton Canal t said point being 70.00 feet North of the
South line of the North 1/2 of the Northeast 1/4 of Section 19;
thence S 8805114011 Wt a distance of 108.66 feett along the said
North Right-of-Way linet to a point on the East line of the land
described in O.R.B. 3206t Page 1070; thence N 01044'2111 Et a
distance of 1253.52 feett along part of said East linet to a
point on the common 1 ine between Sections 18 and 19; thence N
01044'2111 Et a distance of 1270.16 feett along part of the
aforesaid East linet to the Point of Beginning.
ORB 7643 !,,'3 99P.
Exhibit lie II
Offsite Easement Area
A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19, RUN
S 88' 56' 2911 W, ALONG THE NORTH LINE OF SAID SECTION, A
DISTANCE OF 60.07 FEET TO A POINT ON THE WEST RIGHT-OF-WAY
LINE OF CONGRESS AVENUE (120' R.O.W.); THENCE S 00'12'5511 E,
ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1242.86
FEET TO A . POINT OF INTERSECTION OF SAID RIGHT-OF-WAY LINE
AND THE NORTH RIGHT-OF-WAY LINE OF THE BOYNTON CANAL
(L.W.D.D. C-16) (P.B. 7 PG. 19); THENCE S 88'55'08" W, ALONG
SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 843.04 FEET;
THENCE LEAVING SAID NORTH LINE, N 01'44'2111 E, A DISTANCE OF
165.47 FEET; THENCE N 44'47'0811 E, A DISTANCE OF 45.00 FEET;
THENCE N 61'18' 35" E, A DISTANCE OF 89.37 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE N 61'18'35" E, A
DISTANCE OF 2.64 FEET; THENCE N 01'44'21" E, A DISTANCE OF
,32.66 FEET; THENCE S 88'15'39" E, A DISTANCE OF 52.88 FEET;
THENCE N 01'44'2111 E, A DISTANCE OF 162.02 FEET TO A
POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, AND
HAVING A RADIUS OF 60.00 FEET; THENCE, NORTHWESTERLY ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF 83'11'15" AN ARC
LENGTH OF 87.11 FEET; THENCE N 01'44'21" E, A DISTANCE OF
37.74 FEET; THENCE S 88'15'39" E, A DISTANCE OF 64.83 FEET
TO A POINT ON A CURVE, CONCAVE TO THE SOUTHWEST, AND HAVING
A RADIUS OF 117,00 FEET, AND WHOSE CENTER BEAR
S 35'27'33" W; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 56 '16' 48", AN ARC LENGTH OF 114.93 FEET
TO A POINT OF TANGENCY; THENCE S 01'44'21" W, A DISTANCE OF
285.11 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO
THE NORTHEAST, AND HAVING A RADIUS OF 73.00 FEET; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
85'13'42", AN ARC LENGTH OF 108.59 FEET; THENCE
S 01'22'28" E, A DISTANCE OF 52~69 FEET TO A POINT OF A
CURVE CONCAVE TO THE NORTHEAST, AND HAVING A RADIUS 125.00
FEET, WHOSE CENTER BEARS ,N 01'22'28" W; THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 93' 06' 49", AN
AR~ LENGTH OF 203.14 FEET TO A POINT OF TANGENCY; ,THENCE
N 01' 44' 21" E, A DISTANCE, OF 89.63 FEET; THENCE
N 88 '15'39" W, A DISTANCE OF 57.16 FEET TO THE POINT OF
BEGINNING,
,CONTAINING 36505 SQUARE FEET,
Iri CORPORATE
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CON~E~S AVENUE -~ ORB 7643 Ps 99<:;
poc (120 R.O.W.) - --....... ~
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, jt 5000 12' 55u E 1242.86'
WEST R/W. LINE OF CONGRESS AVENUE.
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CONG RESS LAKES PLAT N O. I ( P.u. 0, )
P. 8. 46 , PGS, I 28 - 129
~ = 56.16'48"
R = 117.00'
L = 114.93'
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N01.22'28"W
-RADIAL
2S/2()o'
N01.44'21 "E
32.66'
SEE DETAIL
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GRAPHIC scA.l.iE:: ,,> " '.
40 10 ,-~ ~~~~:~,.,~~~ 320
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(INFEET) ,/'/
1 inch = 80 It.
NOTE: THIS IS NOT A SURVEY.
10 0
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OFFSITE ACCESS EASEMENT.
SKETCH OF DESCRIPTION
CARRIAGE HOMES.
.
Shalloway, Foy,
Rayman & Newell, Inc.
ENGINEERS - PLANNERS - SURVEYORS
1201 Ba.VlDlllIOAD. nsr PWi JU:II. JLllIIDl 3lM06. (f0'7)ell6-1151
BY
Date ~ -1'-'10 . I
Drawn A, ~ . : ~
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Designed T
JOB NO,
89108.
RII.'.IABL.IO REPROGRAPHICS 308665
UTILITY BASEKENT liRE. 7643 P9 1000
RECORD VERIFIED DOROTHY H WIL~
CLERK OF THE COURT - PH COUNTY, FL
A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMHENCING AT THE NORTHEAST CORNER OF SAID SECTION 19, RUN
S 88056'29" W, ALONG THE NORTH LINE OF SAID SECTION, A
DISTANCE OF 60.07 FEET TO A POINT ON THE WEST RIGHT-OF-WAY
LINE OF CONGRESS AVENUE (120' R.O.W.); THENCE S 00012'55" E,
ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1242.86
FEET TO A POINT OF INTERSECTION OF SAID RIGHT-OF-WAY LINE
AND THE NORTH RIGHT-OF-WAY LINE OF THE BOYNTON CANAL
(L.W.D.D. C-16) (P.B. 7 PG. 19); THENCE S 88055'08" W, ALONG
SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 843.04 FEET;
THENCE LEAVING SAID NORTH LINE, N 01044'21" E, A DISTANCE OF
165.47 FEET; THENCE N 44047'08" E, A DISTANCE OF 45.00 FEET;
THENCE N 61018'35" E, A DISTANCE OF 89.37 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE N 61018'35" E, A
DISTANCE OF 2.64 FEET; THENCE N 01044'21" E, A DISTANCE OF
.32.66 FEET; THENCE S 88015'39" E, A DISTANCE OF 52.88 FEET;
THENCE N 01044'21" E, A DISTANCE OF 162.02 FEET TO A
POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, AND
HAVING A RADIUS OF 60.00 FEET; THENCE, NORTHWESTERLY ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF 83011'15" AN ARC
LENGTH OF 87.11 FEET; THENCE N 01044'21" E, A DISTANCE OF
37.74 FEET; THENCE S 88015'39" E, A DISTANCE OF 64.83 FEET
TO A POINT ON A CURVE, CONCAVE TO THE SOUTHWEST, AND HAVING
A RADIUS OF 117.00 FEET, AND WHOSE CENTER BEAR
S 35027'33" W; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 56016'48", AN ARC LENGTH OF 114.93 FEET
TO A POINT OF TANGENCY; THENCE S 01044'21" W, A DISTANCE OF
285.11 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO
THE NORTHEAST, AND HAVING A RADIUS OF 73.00 FEET; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
85013'42", AN ARC LENGTH OF 108.59 FEET; THENCE
S' 01022'28" E, A DISTANCE OF 52~69 FEET TO A POINT OF A
CURVE CONCAVE TO THE NORTHEAST, AND HAVING A RADIUS 125. 00
FEET, WHOSE CENTER BEARS .N 01022'28" W; THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 93006'49", AN
ARr LENGTH OF 203.14 FEET TO A POINT OF TANGENCY; THENCE
N 01044'21" E, A DISTANCE OF 89.63 FEET; THENCE
N 88015'39" W, A DISTANCE OF 57.16 FEET TO THE 101ft OF
BBGIIDIIHG.
CONTAINING 36505 SQUARE FEET.
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF
THAT THE SKETCH REPRESENTED HEREON COMPLIES WITH THE MINIMUM
TECHNICAL STANDARDS, 1\S SET FORTH BY THE FLORIDA BOARD OF
LAND SURVEYORS, PURSUANT TO SECTION 472.027 FLORIDA
STATUTES. r
NOTE: 1. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE
BY THIS OFFICE.
2. THE SKETCH IS BASED ON INFORMATION FURNISHED BY
CLIENT OR CLIENT'S REPRESENTATIVE.
3. THIS SKETCH IS NOT VALID UNLESS SEALED.WITH AN
EMBOSSED SURVEYOR'S SEAL. -'.'".~.-:.".,
... .liO -,
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__ ..:_~ JUL 1 8 1990
,-
R. L. So: .. 2633
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. Shalloway, Foy,
_ Rayman & Newell, Inc.
Enslneen - Planner. - Surveyorll
relephone:(407) 655-1151.
1~1 Belvedere Rood, West Palm Deach. F10rida 3J.iOO
FIELD BOOK ~:
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CARRIAGE HOMES.
DRAWN, BY:
. eA'fMA"1
6 (II /t::fO
JOB N :
FlORIDA R ,L ,5,
# 2633
89108.
CON~E~S AVENUE -~
poc (120 R.O.W.) - ~ ",I
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, ;t- 500012' 55u E 1242,86'
WEST R/W, LINE OF CONGRESS AVENUE,
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CONGRESS LAKES PLAT NO. I (P.U.D.)
P.B, 46 , PGS, 128-129
~ = 56"16'48"
R = 117.00'
L = 114.93'
:i:
~
N
N01"22'28"W
-RADIAL
2Sl21KJ'
N01"44'21 liE
32,66'
SEE DETAIL
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GRAPHIC SCALE
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40
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III
I
110
I
320
I
OFFSITE ACCESS EASEMENT.
SKETCH OF DESCRIPllON
CARRIAGE HOMES.
.
Shalloway, Foy,
Rayman & Newell, Inc.
ENGINEERS - PLANNERS - SURVEYORS
1201 IIILlIDIII 1CWl. nsr PALK aw:a rLOIIIlA 3Sa. (407"'1151
BY
( IN FEET )
1 inch "" 80 ft.
NOTE: THIS IS NOT A SURVEY,
Date (;-I,-QO I I
A r:. H N
Drawn . ~ . I Q.
I
Designed T
JOB NO,
89108.
R"'.IA.~~ REPROGRAPHICS 308665
UTILITY BASBMENT
A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19, RUN
S 88056'29" W, ALONG THE NORTH LINE OF SAID SECTION, A
DISTANCE OF 60.07 FEET TO A POINT ON THE WEST RIGHT-OF-WAY
LINE OF CONGRESS AVENUE (120' R.O.W.); THENCE S 00012'55" E,
ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1242.86
FEET TO A POINT OF INTERSECTION OF SAID RIGHT-OF-WAY LINE
AND THE NORTH RIGHT-OF-WAY LINE OF THE BOYNTON CANAL
(L.W.D.D. C-16) (P.B. 7 PG. 19); THENCE S 88055'08" W, ALONG
SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 843.04 FEET;
THENCE LEAVING SAID NORTH LINE, N 01044'21" E, A DISTANCE OF
165.47 FEET; THENCE N 44047'08" E, A DISTANCE OF 45.00 FEET;
THENCE N 61018'35" E, A DISTANCE OF 89.37 FEET TO THE
POINT 01" BEGINNING; THENCE CONTINUE N 61018'35" E, A
DISTANCE OF 2. 64 FEET; THENCE N 01044' 21" E, A DISTANCE OF
,32.66 FEET; THENCE S 88015'39" E, A DISTANCE OF 52.88 FEET;
THENCE N 01044'21" E, A DISTANCE OF 162.02 FEET TO A
POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, AND
HAVING A RADIUS OF 60.00 FEET; THENCE, NORTHWESTERLY ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF 83011' 15" AN ARC
LENGTH OF 87.11 FEET; THENCE N 01044'21" E, A DISTANCE OF
37.74 FEET; THENCE S 88015'39" E, A DISTANCE OF 64.83 FEET
TO A POINT ON A CURVE, CONCAVE TO THE SOUTHWEST, AND HAVING
A RADIUS OF 117.00 FEET, AND WHOSE CENTER BEAR
S 35027'33" W; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 56016'48" I AN ARC LENGTH OF 114.93 FEET
TO A POINT OF TANGENCY; THENCE S 01044'21" W, A DISTANCE OF
285.11 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO
THE NORTHEAST I AND HAVING A RADIUS OF 73.00 FEET; THENCE
SOUT.HEASTERLY ALONG SAID crJRVE THROUGH A CENTRAL ANGLE OF
85013 '42", AN ARC LENGTH OF 108.59 FEET; THENCE
S 01022'28" E, A DISTANCE OF 52~69 FEET TO A POINT OF A
CURVE CONCAVE TO THE NORTHEAST, AND HAVING A RADIUS 125. 00
FEET, WHOSE CENTER BEARS .N 01022'28" W; THENCE NORTHWESTERLY
"ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 93006' 49", AN
AR~ LENGTH OF 203.14 FEET TO A POINT OF TANGENCY; THENCE
N 01044' 21" E, A DISTANCE OF 89.63 FEET; , THENCE
N 88015' 39" W, A DISTANCE OF 57.16 FEET TO THE POIII'! 01"
BBGIDING.
CONTAINING 36505 SQUARE FEET.
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF
THAT THE SKETCH REPRESENTED HEREON COMPLIES WITH THE MINIMUM
TECHNICAL STANDARDS, AS SET FORTH BY THE FLORIDA BOARD OF
LAND SURVEYORS, PURSUANT TO SECTION 472.027 FLORIDA
STA.TUTES.
NOTE: 1. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE
BY THIS OFFICE.
2. THE SKETCH IS BASED ON INFORMATION FURNISHED BY
CLIENT OR CLIENT'S REPRESENTATIVE.
3. THIS SKETCH IS NOT VALID UNLESS SEALED WITH AN
EMBOSSED SURVEYOR'S SEAL.
r
.4 199:
JUL .l 8
. 2633
D~
'&',\Z '
. Shalloway, Foy,
_ Rayman & Newell, Inc.
En,lneen . Planner. . Surveyon
relephone:(407) 655-1151.
1:1)1 Belvedere Rood. Wetlt Palm Deach, floridaJ3.lOO
FIELD BOOI< NC):
)
"2/2
CARRIAGE HOMES.
DRAWN, BY:
, e.A'(MA"1
6 I" /'40
JOB N :
FLORIDA R LS
;It 2633
89108.
ACCESS EASEMENT AGREEMENT
THIS ACCESS EASEMENT AGREEMENT, made and entered into this
3rd day of January, 1994, by and between CARRIAGE HOMES
DEVELOPMENT, INC., a Florida corporation (IICarriagell) and the
CATALINA CLUB SOUTH PROPERTY OWNERS' MASTER ASSOCIATION, INC.
(the IIAssociationll).
R E C I TAL S
WHEREAS, Carriage is the fee simple owner of that certain
parcel of real property (the IICarriage Homes Real Propertyll)
situate, lying and being in Palm Beach County, Florida, more
par tic u 1 a r 1 y des c rib e din f!!:!I!!II_~ a t t a c h e d her e to and mad e a
part hereof; and
WHEREAS, Carriage desires to grant to the Association and
the Association desires to receive from Carriage a non-exclusive
access easement (the IIEasementll) for private road purposes
including common access, ingress and egress on, over and across
that portion of the Carriage Homes Real Property more
particularly described in EXHIBIT B attached hereto and made a
part hereof (the IIEasement Area"T-:---
NOW, THEREFORE, in consideration of the premises and other
valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the following grants, agreements and cove-
nants are made:
1. GRANT OF EASEMENT FROM CARRIAGE TO THE ASSOCIATION.
Carriage hereby grants the Easement to the Association and
its successors and assigns as an easement appurtenant to the
Carriage Homes Real Property. Other than the limited easement
rights granted herein, any and all rights in and to the Carriage
Homes Real Property are expressly reserved to Carriage.
2. DIVISION OF CARRIAGE HOMES REAL PROPERTY. If the
Car ria g e H-omes--ReaT-Property--,s-tiereaf:ter--crrV-fd e din tot woo r
more parts or parcels by separation of ownership, the owner(s) of
This instrument was prepared
by and is to be returned to:
Richard H. Critchfield
Richard H. Critchfield, P.A.
1745 North Congress Avenue
Boynton Beach, Florida 33426
each such separate part or parcel shall be subject to the Ease-
ment and no such subdivision of the Carriage Homes Real
Property, regardless of the number of separate parts or parcels,
shall be deemed to unlawfully increase the burden and use of the
Easement.
3. WARRANTY OF TITLE.
Carriage warrants that it is the owner of the fee simple
title to the Carriage Homes Real Property.
4. ATTORNEYS FEES.
In connection with any litigation arlslng out of this
Access Easement Agreement, the prevailing party shall be entitled
to recover reasonable attorney's fees and costs at all trial and
appellate levels.
5. ENFORCEMENT.
The easements, restrictions, benefits and obligations
hereunder shall create servitudes upon the Carriage Homes Real
Property, running with the land. In the event of a breach, or
attempted or threatened breach, by any owner hereafter of any
portion of the Carriage Homes Real Property in any of the terms,
covenants and conditions hereof, the Association shall be
entitled forthwith to full and adequate relief by injunction
and/or all such other available legal and equitable remedies from
the consequences of such breach.
6. GOVERNING LAW.
This Access Easement Agreement shall be construed,
interpreted and enforced in accordance with the laws of the State
of Florida.
7. MAINTENANCE OF EASEMENT AREA. The Association and the
owner of -the-Carrlage--Homes--Real--Property shall be jointly
responsible, and shall share costs on a 50/50 basis, for
construction, maintenance or repair on or to the Easement Area.
Either may initiate and perform construction, maintenance or
repair on or to the Easement Area and shall be entitled to
contribution from the other owner for 50% of the costs therefor.
IN WITNESS WHEREOF, the parties hereto have executed thi s
Access Easement Agreement the day and year first above written.
Signed, sealed and delivered
in the presence of:
.. .\----c.-~~
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STATE OF FLORIDA
COUNTY OF PALM BEACH
CARRIAG H MES DEVE PMENT INC.,
· F10rod, :jipor,.t 0 J
By: _.Lt1t__~~ ____:~~__
s Pre sid e n tJ-.
CATALINA
OWNERS'
By:
CLUB SOUTH PROPERTY
TER ~CI,AIIDJ ~I NC.
,(~~
resident -----
foregoing instrument was
day of January, 1994, by
--rage Homes Development Inc., a
ake an oath and who is
\~""-~
N -a - p-b1\c------------~---------
N am e : U-...4-L(J) ~ + < C iP-l ~Ll-\Flt:J.\O
Commission-No~:-~~=~1~ir2=~]2=====
I HEREBY CERTIFY that th~
acknowledged before me this 3-J-'U
Andrew Berger, as President 0 -
Florida corporation, who d d
personally known to me.
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
-a:FICIAL NOTARY SUL"
RJCttMD H. CRI1QfIll.D
NOTARY NllIe STA1t <F PlCIIIDA
I1y CemmI.... r.,. ""y t. fIlM
I HEREBY CERTIFY that the foregoing instrument was
acknowledged before me this .~ v..-C> day of January, 1994, by
Thomas T" Walsh, as President o------Catalina Club South Property
Owners' Master Association, I c, ho did not take an oath and
who is personally known to me.
My Commission Expires:
c-__ 3
( ----
No try 1 i
Name: ~ C-t,f .4-H-iJ /1. e ~l 'e.lft:::..{Ei....O
CommissTon-No~:-~~=~~~~~=112=====
"aFICIAL IIOTAIW SIAL" 010394 BOY N 2
RIQWI) H. CRlTCWILD
NOTARY PUlLIC ITATI CF "'CIlIA
I1y ComlIIlIIiIn bit, ""y I.IIM
EAST UNE OF A TRACT DESCRIBED
IN A DEED FROM No R. FIELD TO SUNNY
SOUTH ESTATES INC.
O.R.8, 3206. PG. 1070
~~
...
-
1..100'
EXHIBIT B
AUXILIARY POINT "A"
I
CA1JAGE HOMES F
C NGRESS LAKE
P.B. 6. PG. 133 - 13
CARRIAGE HOMES OF CONGRESS LAKES
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ENGINEERS - PLANNERS - SURVEYO
1101 ~ JlW), ... .WI JU:B. ~ ... '.....111
Shallolfay, Foy,
Rayman & Newell, 'Inc.
rlELD BOOK It SHEETVs
JOB N>
fLDRIDA R.L.S. 891 08
.
1" =100
DRAWN BY.
C,A.R.
CHECKED BY'
DATE'
10/21/1993
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R - 1!5.00'
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EXISTING LAKE
t 20' ACCESS
EASEMENT
JOI.r
t 20' ACCESS
EASEMENT
CARRIAGE HOMES OF
CONGRESS LAKES
P .B. 66, PG. 133 - 135
CARRIAGE HOMES OF CONGRESS LAKES
1"=100
DRA\JN BY. '
C.A,R.
CHECKE BY.
DATE.
10/21/1993
~ Shalloway, Foy,
~ Rayman & Newell, Inc.
ENGINEERS - PLANNERS - SURVEYORS
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L - 2e.lla'
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~LDRIDA R.L.S. 891 08
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-
1..100' ~ ~ ,
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EXISTING LAKE <Jcr:..J
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R - 15.00' S12"00'5rE
L - 22.80'
T1
F ~ - 13.45'13.
I ~ - 11~'31. R - 15.00'
R - 15.00' L - 22.80'
L - 28.18'
CARRIAGE HOMES OF
IN CONGRESS LAKES
t P.B.66, PG. 133 - 135
~
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CARRIAGE HOMES OF CONGRESS LAKES
C'r '2 C) 1()Qi
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DA .
10/21/1993
~ Shalloway, Foy,
__ Rayman & Newell, Inc.
ENGINEERS - PLANNERS - SURVEYO
1111 ~ DD. IIIr PAUl"" n.- &MOl, (to'r)B-lll
FIELD BOOK ~ SHEET~I
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FLDRIDA R.L.S. 891 08
.
.1" = 100
, DRA'w'N BY.
C.A.R.
CHE KED BY.
aLUEPIWlIT EXPRESS 322487
,
LEGAL DESCRIPTION
A PARCEL OF LAND LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING
ALlGNMENT,AND LYING WITHIN SECTIONS 18 AND 19, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, P~LM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOlLOWS:
COMMENCE AT THE EAST QUARTER CORNER OF SAID SECTION 18, THENCE
S89005'09wW: A DISTANCE OF 50.05 FEET ALONG THE NORTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 18 TO A POINT ON THE WEST
RIGHT-OF-WAY LINE OF CONGRESS AVENUE; THENCE CONTINUE S89005'09wW. A
DISTANCE OF 1301.41 FEET TO THE EAST LINE OF A TRACT AS DESCRIBED IN A
DEED FROM N,R. FIELD TO SUNNY SOUTH ESTATES, INC., AS RECORDED IN O.R.B.
3206 PAGE 1070 PUBLIC RECORDS OF PALM BEACH COUNTY; THENCE
S01044'21wW, ALONG SAID EAST LINE A DISTANCE OF 1370.28 FEET; THENCE
N88059'59wE, A DISTANCE OF 42.19 FEET, TO THE POINT OF BEGINNING: THENCE
S08015'39wE, A DISTANCE OF 97,08 FEET; TO THE POINT OF CURVA1URE OF A
CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 100.00 FEET, THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
60000'OOw, A DISTANCE OF 104,72 FEET, TO THE POINT OF TANGENCY; THENCE,
S680 15'39wE, A DISTANCE OF 202.80 FEET; TO THE POINT OF CURVATURE Of A
CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 95,00 FEET, THENCE
EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
65002'55", A DISTANCE OF 107.85 FEET, TO THE POINT OF TANGENCY; THENCE
S030 12'44wE, A DISTANCE OF 149,18 FEET; TO AUXILIARY POtNT "A" AND THE POIN]"
OF CURVATURE OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
95.00 FEET; THENGE SOUTHERLY ALONG, THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 450 24'53w, A DISTANCE OF 75,30 FEET TO A POINT OF
REVERSE CURVATURE WITH A CURVE, CONCAVI; SOUTHWESTERLY, HAVING-A
RADIUS OF 95.00 ,FEET, THENCE SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 50021'58", A DISTANCE OF 83,51 FEET,
TO THE POINTOFTANGENCY;THENCE S01044'21"W,ADISIANCE OF 309.31 FEET, .
TO THE POINT OF CURVATURE OF A CURVE! CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 95.00 FEET, THENCE SOUTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 73048'09w, A DISTANC~OF 122.37 FEET,
TO THE POINT OF ijEVERSE CURVATURE OF, A CURVE, CONCAVE -
SOUTHEASTERLY, HAVING A RADIUS OF 95.00 FEET; THENCE WESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 73048'09", A DISTANCE
OF 122.37 FEET TO A POINT OF TANGENCY; THENCE S01044'21wW, A DISTANCE OF _
123.02 FEETj- TO THE POINT OF CURVATURE OF A CURVE, CONCAVE EASTERLY,
HAVING A RADIUS OF 95,00 FEET, THENCE SOUTHERLY ALONG THE ARC OF SAID
CURVE THRpUGH A CENTRAL ANGLE OF 16005'31w, A DISTANCE OF 26,68 FEET,
TO THE Pon"T OF TANGENCY; THENCE S14.021'10"E, A DISTANCE OF 78,96 FEET;
TO THE POINT OF CURVATURE OF A CURVE, CONCAVE WESTERLY, HAVING A
RADIUS OF 95,00 FEET, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE
THROUGH.A CENTRAL ANGLE OF 16005'3111, A DISTANCE OF 26,68 FEET, TO THE
POINT OF TANGENCY; THENCE S01 0 44'21"W, A DISTANCE OF 149.58 FEET; TO THE
POINT OF CURVATURE OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF
SKETCH OF DESCRIPTION
FOR:
CARRIAGE HOMES OF CONGRESS LAKES
1('( l)q:(~9'~
\ J '..J I ::"1 '_ : .,1\ "
G RAYMAN
_ Shallaway, Fay,
___ Rayman & Newell, rIle._
Engineers. Planners · Surveyora
Telephone: (407) 655-1151 Fax: (407) 832-9390
la>l Delvedere Rood. WeAl Palm Beach. Florida 3J4OO
FIELD BOOK NO: SHEET~
JOB N :
89108
10/21/93
FLORIDA R L ,5,
# 2633
BLUEPRIIIIT EXPRESS 322487
. 95.00 FEET, THENCe SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGl~ OF 130~5'13-, A. DISTANCE OF 22.80 FEET, TO THE POINT OF .
TANGENCY; THENCE S12000'52-E, A DISTANCE OF 24.78 FEET; TO THE POINT OF
CURVATURE OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 95.00
FEET, THENCE SOUTHERLY ALONG'THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 13045'13-, A DISTANCE OF 22.80 FEET, TO THE POINT OF
TANGENCY; THENCE S01044'21~W, A DISTANCE OF 95,54 FEET; TO THE POINT OF
CURVATURE OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 95.00
FEET, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A.
CENTRAL ANGLE OF 38059'56-, A DISTANCE OF 64.66 FEET, TO THE POINT OF
REVERSE CURVATURE OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF
95,00 FEE~, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 38059'56-, A DISTANCE OF 64.66 FEET TO A
POINT OF TANGENCY; THENCE S01044'21-W, A DISTANCE OF 75.81 FEET; TO THE.
POINT OF CURVATURE OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A
RADIUS OF 95.00 FEET, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 90000'008, A DISTANCE OF 149.23 FEET, TO THE
POINT OF TANGENCY; THENCE 5880 15'398E, A DISTANCE OF 176.67 FEEl; TO THE
POINT OF CURVATURE OF A CURVE CONCA\{E SOUTHERLY, HAVING A RADIUS OF
95,00 FEET, THENCE EASTERLY ALONG THE ARC OF sAID CURVE THROUGH A'
CENTRAL ANGLE OF 06006'488, A DISTANCE OF 10.14 FEET, TO THE POINT OF
TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. TOGETHER WITH A
PARCEL OF LAND LYING 10.00 FEET ON EACH SIDE OF THE FOllOWING
ALIGNMENT.
..
FROM THE ,ABOVE DESCRIBED AUXILIARY POINT -A8 RUN THENCE
SOUTHEASTERLY ,ALONG THE ARC OF A CURVE CONQAVE THE NORTHEAST
HAVING A RADIUS OF 95.00 FEET A DISTANCE OF 0,92 FEET TO THE POINT OF
BEGINNING OF THE HEREIN DESCRiBED CENTERLINE.
RUN THENC~ N88015'398W A DISTANCE OF 45.81 FEET; THENCE S01044'218W A
DISTANCE OF 195.83 FEET; THENCE S88015'398E A DISTANCE OF 3.51 FEET;
THENCE S01044'21"W A DISTANCE OF 90,17 FEET; THENCE S88015'39"E A
DISTANCE OF 4,33 FEET; THENCE S01044'21wW A DISTANCE OF 255.63 FEET;
THENCE S290.11'398E A DI~TANCE OF 30.15 FEET TO THE TERMINUS OF THE
HEREIN DESC~IBED CENTERLINE, -
SURVEYOR'S CERTIFICATE
KETCH OF DESCRtPTION
CARRIAGE HOMES OF CONGRESS LAKES
I HEREBY CERT:tFY THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF
THAT THE SKETCH REPRESENTED HBREON COMPLIES WITH THE }1INlMUM
TECHNICAL STANDARDS, AS SET FORTH BY THE FLORIDA BOARD OF
LAND SURVEYORS, PURSUANT TO SECTION 472.027 FLORIDA
'STATUTES .- ""
NOTE: 1. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE
, BY THIS ""OFFICE.
2. THE SKETCH IS BASED ON INFORMATION PURNI,SHED BY
CLIENT OR CLIENT'S REPRESENTATIVE.
3. THIS SKETCH IS NOT VALID UNLESS SEALED WITH AN
EMBOSSED SURVEYOR'S SEAL.
/GAR~L.S. t 2633
~
HW
. Shalloway, Foy,
Rayman & Newell, Inc.
Engineers. Pln-nners · Surveyor"
Telephone: (407) 655-1151 Fax: (407) 832-9390
laJl Belvedere Road, Wesl Palm Beach, Florida 33405
FIELD BOOK NO:
SHEsA
JOB N ,
. (\, t, ~~ : q q.~"
NT5
I() / 21 /93
FLORIDA R ,L ,5,
# 2633
89108
. -
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P_1i!lI1
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NOV 8 1990
PLANNING DEPT.
-......I
. ,""-t
PRJi:PMEQ BY Ii RE'1'URN TQ
Alan J. ci~11n, Esquire
BOOSE CASEY CIKLIH LUBITZ
MARTENS MCBANE , O'CONNELL
19th Floor - Northbrldge Centl
515 North Flagler Drive
West Palm ~eaCh, Florida 3340]
i
I
SHAREO RECREATIONAL FACILITIES AGREEMENT
THIS AGREEMENT ~ade this (I~i day of ~t. , 1990 by and
between WALBOYN DEVELOPMENT CORPORATION, a Florida corporation,
owner of property described in Exhibit "A", hereinafter referred
I .
to as the "Tenn1s Resort"; and CARRIAGE HOMES DEVELOPMENT, INC.,
a Florida corporation, the owner of property described in Exhibit
liB", hQrl!inafter referred to as "carriage Homes".
WITHRSSRTR
WHEREAS, tho Tonnis; R9S0rt. will have a number of tennis
oour~. available, and has agreed to set aaide and rQserve Courts
i .
for the ex~lus1ve use of carriage Homesl and,
WH~RE~S, Carriage Homes ~il1 use the tennis courts r&sorved
for it to satisfy its recreational requirements in the city of
Boynton Beach, without cost to its residents.
NOW THEREFORE, for good and v8.1uable ccmdder-e.tiQn, the
partlp.s agree as tollows:
I. The Tennis F!esort agrees to reserve two (2) tennjs
courts for the exclusive use of the residents or carriage Homes.
The parties agree to designate the tennis courts reserved for
Carriage Homes with the appropriate signage.
II. Any tennis courts either used exclusively by Carriage
Homes as set forth herein, or located within the carriage Homos
property, sha 11 be without charge to the res ident.s of Carr iaqe
Homes.
Furthermore, there shall be no charge for use of any
courts within the Carriago Homes property.
III. This Agreement shall be recorded in the Public Rocords
of Palm Beach County, and shall be bindinq on tho parties, their
heirs and assigns.
, I
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61-9121 FR,J:
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WALBOYN DEVELOPMEN'l' CORPORATION, ,
~~:l1tldk~f~
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CARRIAGE HOMES [)EVELOPMENT, I
INC., a Florida corporation~
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By: ~~. &.
STATE OF "LORIDA
'I
COUNTY OF: PALM BEACH
I HEREBY CERTIFY that on this day, before me, on officer
duly authorized in ~h~ stat. aforecaid and tbe Cou~ty p~oresaid,
to take aoknowledgmQnts., porsonally appeared ~,"",I<. l-VP I:' .') ,
the Vdf fill ~ ~ oflv(,Ik,,,~ 'WVf.!, [o'f...:... to me k~n to be the person
described in and who executed the foregoing instrument and who
acknowledged beforQ me that ___ they e~ecuted same.
WITNESS my hand and eeal in the County ana state aforesaid
this J I ~: L day of .;j=~J'l 'l ..., 1990.
; '- ,", . i../>.I / :.1/
' I/J~). (-;{t~:>.( c;/-Itifl'7.l b!.-~
Notary PUblic
My com~l~~ Expires:
If''l:''~''~'\ ~1COLf LEE HAfllLlNt:
\.~ "J N~ Comm, tl\Piret Ckt, 27, 1982
STATE OF FLORIDA \~jj;" :., .iII..lIWNIllIryFloC/ltU.'.,....
t.......
COUNTY OF PALM 8EACH
"
( ,
II HEREBY CERTIFY that on this day, before mel an officer
duly autho~ized in the state aforesaid and the Il.U8t~ aforesaid,
to take acknowledgments, ersonal1 appeared.l11:1 ey ~ 1:: . _ r
the pNr ' ot(evo'j' ~'lllt'" DfW/.llL, to me known to b th.e person
described. ,in and Who executed the foreqoing instrument and who
acknowle<3qed before me that _._ thay executed same.
WITNESS my Band and
t h 1 S _,J.L!..i...._ day 0 t '~{'1"1i J.> ,/" .. t.
seal in the County and Stat. aforesaid
_, 1990.
72f) (,;.fi> (;jtJi71/,.~ --
Notary Pub ie
My commission Expires=
,=0..:"'1
f.fr,&'...~\ HICOU ~u """tUNE
~.. ~i., Ib Comm. 8lq.llru 01:1. fl. ,.,
....-:t ., ".,.'1 _~ilIliivWOlJl) Mllr. pldtrirrlllr1
... If.._
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02-04-93 05:00 PM FROM OCEAN PROPERTIES LTD
POZ/Or
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TEMPORARY EASEMENT AGREEMENT
THIS TEMPORARY EASEMENT AGREEMENT t made and entered into
this day of February, 1993, by and between WALBOYN
DEVELO'MtNi- CORP. J a Maine corporation ("Walboyn"). CARRIAGE
HOMES DEVELOPMENT. INC., a Florida corporation (IICarriage Homesll)
and the CITY OF BOYNTON BEACH. FLORIDA, a municipal corporation,
("City").
R Eel TAL S
WHEREAS, Walboyn is the fee simple owner of that certain
parcel of real property (the "Walboyn Real Property") situate,
lyin!, and being in Palm Beach County, Florida more particularly
described in Exhibit "A" attached hereto and made a part hereof;
and
WHEREAS, Carriage Homes is the fee simple owner of that
certain parcel of real property (the "Carriage Homes Real
Property") situate, lying and being in Palm Beach County,
Florida more particularly described in Exhibit "811 attached
hereto and made a part hereof; and
WHEREAS, Wa 1 boyn des i res to gra nt to Ca rri age Homes and to
the City and Carriage Homes and the City desire to receive from
Walboyn a temporary, non~exclusive easement of passage and use,
both pedestrian and vehicular, on, over and across that portion
of the Walboyn Real Property more particularly described in
Exhibit "C" attached hereto and made a part hereof (the "Offs1te
Easement Area"); and
WHEREAS, Walboyn desires to grant to Carri~ge Homes and to
the City and Carriage Homes and the City desire to receive from
Walboyn a temporary, non...exclusive easement for the maintenance
and construction of public utilities and cable television
facilities on, over and across the Offsite Easement Area.
NlJW, THEREFORE, in consideration of the premises and other
valuable conSideration, the receipt and sufficiency of which are
hereby acknowl edged, the fall owi ng grants, agreements and cove-
nants are made:
1.
GRANT OF EASEMENT FROM WALBOYN TO CARRIAGE HOMES AND
IHg=~I!Y:----------------------------------------------
Walboyn hereby grants to Carriage Homes and its successors
and assigns and to the City as an easement appurtenant to the
Carriage Homes Real Property, a temporary, non-e~.<:.J.y~jv.e..e..a,s,.,e,man~,
of passage and use, both pedestr.t-anm-a:n-d'.''\I(:!hrtular. on, over and
a c r os ~d__t.h..e.-Jlf.f 51 te E as e m!U1 t, Ar e5L,i.o. r P r i ..\La.tJL.r,Qad_.p J.tr.p~>-~@_s .
lfiTbo'yn hereby fur~her gr"ants to Carriage Homes and its
successors and assigns and to the City asan,e.,ement appurtenant
to the Car r 1 age Home s Rea 1 Pro per t y , ate m par ar'Y; . h 0 n . ex c 1 u s i v e
easement for the maintenance an.d c,on.struct1on ofppublic utilitipF3~
and cable television facilities on, over and acro~s the Offsite
EaSement Area. The easements established, created and granted
'nereby shall be for the benefit of, and restricted solely to the
City and to the owners from time to time of the Carriage Homes
Real Property, but any such owner may grant the benefit of such
easement, license, right and privilege to the tenants of such
owner(s) now or hereafter occupying any improvement(s) located
PQ3!OI
02-04-93 OS:OO PM
FROM OCEAN PROPERTIES LTD
upon the Carriage Homes Real Property for the duration of such
tenancy. Other than the 1 imited easement rights granted herein)
any and all rights in and to the Walboyn Real Property are
expressly reserved to Walboyn.
2. DIVISION OF CARRIAGE HOMES REAL PROPERTY. If the
Car ria g e HciiieT-ifear-l'roperty--rs-liereilter-rfrvrcfe din to tw 0 0 r
more parts or parcels by separation of ownership, the owner(s) of
each such separate part or parcel shall be subject to the ease..
ment hereby created in favor of the City and the Carriage Homes
Real Property and no such subdivision of the Carriage Homes Real
Property, regardless of the number of separate parts or parcels,
shall be deemed to unlawfully increase the burden and USe of the
easemt:t hereby created in favor of the City and the Carriage
Homes Real Property.
3. WARRANTY OF TITLE.
~~---~-----------
8. Walboyn warrants that it is the owner of the fee simple
title to the Wa1boyn Real Property.
b. Carriage Homes warrants that it is the owner of the fee
simple title to the Carriage Homes Real Property.
4 . ~I!QB~!.g,r~_.EE. E S .
In connection with any litigation arising out of this
Agreement, the prevailing party shall be entitled to recover
reasonable attorney's fees and costs at all trial and appellate
levels.
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5. f~!QBfg~~!!.
The easements, restrictions, benefits and obligations
hereunder shall create servitudes upon the Walboyn Real Property,
running with the land. This Agreement shall create privity of
contract >4nd/or estate wi th and among all grantees of the fee
simple title in and to all or any portion of the Walboyn Real
Property, their heirs, personal representatives, administrators,
successors or assigns. In the event of a breach, or attempted or
threatened breach, by any owner hereafter of any portion of the
Walboyn Real Property 1n any of the terms, covenants and con..
ditions hereof, the owner(s} of the Carriage Homes Real Property
and/or the City shall be entitled forthwith to full and adequate
relief by injunction and/or all such other available legal and
equitable remedies from the consequences of such breach.
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6. &QYE~l~~_h~.
This Agreement shall be construed, interpreted and enforced
in accordance with the laws of the State of Florida.
7. MAINTENANCE OF OFFSITE EASEMENT AREA. The owner of
the Wa 1 boyn-Frear-"Propertj--;riQ-tni--owner-of- the Ca rr'l age Homes
Real Property shall be jointly responSible, and shall share costs
on a 50/50 basis, for construction, maintenance or repair on or
to the Offsite Easement Area. Either owner may initiate and
perform construction, maintenance or repair on or to the Offsite
Easement Area and shall be entitled to contribution from the
)ther owner f~r 50% of the costs therefor.
8. DURATION.
--------
This Agreement shall terminate upon the recordation amongst
he public records of Palm Beach County, Florida of a plat of the
alboyn Real Property, approved by the City.
,4
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02-04-93 05:00 PM
FROM OCEAN PROPERTIES LTD
PQ~/Ql
IN WITNESS WHEREOF, the partit's her~to have executed this
Temporary Easement Agreement tha day and year first dbove
written.
2iqn d., sealed and de11verp.d
in e pr~senf;r I.-
~ ~~--
~l!1ttL__
A1~
- ~-~---
STATE OF FLORIDA
COUNTY OF PALM BEACH
WALBOYN 0 VElOPMENT CORP..
a Ma1ne c rporation
o : ( :1"'M'i~ tJ .?
Y fti-Vicp. -PreiTain'i--'---
CITY OF BOYNTON BEACH. FLORIDA,
e municipal corporation
By: ______-,.._--.__ _____..._.._......-........
I HEREBY CERTIFY that the foregoing instrument was
acknowl !'.dged bl!!f'ore IRQ thi $ 4th day of 1l"~rus.ry ,
1993. by Thomas T. McMurra in ;-tlle--Vi ell Pres mnt.--1ir-wir'6'oyn
D9velopment Corp., d Maine corporati,on, ~h, did n~t take an oath
and who is personally "nown to \ll~' "'\ ,.
) J,'
, NO' _or c ----,--------
Nama: c
Com !II 1 s S'io ri-;rcr:-:-
My Commission Expir~s:
STArt. Or FLORIOA
COUNTY OF PALM BEACH
I HEREBV CERTHV thllt th~ foregoing instrument wa5
ackoowledg@d before me thi$4t.h day of February .
1993. by Andrew Berger. ar-,-rii1 dent of 'C'"i'rr,a-g-,r-'11omas
Oevelopment. Inc.. a F'lor1d\l corporation, who did not take an
oath and who is personally know~~? ___""'"
~6 y 0 C t...~ CAROI.I\ING
N dm~ : t":arol K~ NO'!: PUlL: :AT&.:m~IDA
CommissTOfi-Ro77-_ ~~
CO ..;
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
HEREBY CERTIFY that the foregoing instrument wu
acknowled<;1ed before me thiS day of t
] 993. t", - ---'---. a s ~- .----- ---oT-tn e
C it,)' of 'BoynTOn--e~iicn-;-'1l-or1-dit~"-a-muni c i pa 1 corpora tfnn;" who d1 d
not taka an oath and who 15 personally known to me.
My Co~"'ssion Expires:
Notrry-p-uliTrc--'-----'------~----
Name:
C omm ; $ i''Ori-lifO'";'".;''------'-------'-----
--.------.-----.....-----
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82-04-9) QS:QQ PM
1:S UD
FROM OCEAN PR0PERll~
Exhibit "AlI
Walbvyn Rp.al Property
A port1on of CONGRESS LAKES - PLAT NO, 1 (P.U.O.) as recorded to
?l at Book 46, Page 124 of the PUh 1; c Records of FIe. 1 m hach
County, being mor@ particularly descrtbQd as follows:
ereTNNING at the Southwest corner of said Plat of CONGRESS LAKrS,
the n c ~ Nor t n 0 1 " 44 I 21" East a d is ta n c P. of 16 5 . 4 7 f e cat l thence
North 44047'08" East it clish.nc:e of 45.00 feet; thencQ North
6101S'35~ Eest a distance of 9Z.01 feet; thence North 01044'21"
Cast a distance of 292.00 feat; thence South 88016'39" East a
distance of 128.15 f~et. thence North 67000'OOh E~st a distance
of 124.69 foet~ thence South Olo44'21~ West a distance of 298.32
feet~ thenc~ South 16044'21n West ft distftnce 0' 83.79 feeti
thence South 01"4412111 West a distance 0" 217.3; rut; thence
South 88Q57'11" West along the North~rly Right-of-Way of the L-16
(Boynton Canal) a distance of 292.56 to the POINT OF BEGINNING.
Subject to easements! reservations and rights-of-way of record.
Said land situate, 1y1ng and being in 80ynton Beach, Palm Buach
County, F1orida, and contains 3.17 seres more or less.
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-04-93 Q~:QQ PM
FROM OCEAN PROPERllES LiD
Exhibit "B"
ca~riage Homes Real Property
A parcel of land. being part of the Southeast quarter of Section
18, Township 45 South, Rang~ 43 East, and being par~ of the Nurth
half of the Northeast 1/4 Section 19, Township 45 South. Range 43
East~ in Pa1111 Beach County, Florida Qnn being more particularly
d~scr1bed as follows:
Commencing at the Edst 1/4 corner of Section 18. thence S
89005'09" W. a distance of 50.05 feet, along part of the North
line of the Southeast 1/4 of Section IS. to a point on the West
RJ)ht-of-Way line of Congress Avenue ~s dQscribed in O.R.B, 1290,
Page 519, thence S 89005'09" W, a distance Of 1301.41 fset, a10ng
part Of the Morth line of the Southeast 1/4 of Section 18, to th@
East line of a tract as described in a deed from N.R. Field to
StHlny South Estates. Inc., r~corded in O.R.B. 3206, Page 1070;
thence S Ol~44'21" W, a d1st~nc~ of 1370.28 f~et, along part of
said Ea~t line. to the Point of 8eginn1ng of the parcel described
h 0 rei n, so. i d poi n t b e 1 n g 0 nth E! Sou t h R 1 9 h t - t.I f .. Way 1 i no ....0' N. W
22nd Avenue as dQscribed in a.R.B. 1705, Page 1569, thence N
88059'5611 E. a distan<:9 of 300.43 hit, along th~ snid South
Right..of-Way line, thence S 0104412l" W. a distance of 210.00
feet, leaving NW 2Znd Avenue; thence S 58~12144" E. a distance Qr
216.0fi feet. thencf! S 3P47'16" W. a distll.nCH of 140.00 fF.'et;
th~nce S 58~12144" E, a distance of 360.00 feet; thence S
01044'21" W, a distance of 1014.23 feet; thence S 53030'OOu E, a
dhtance of 49.16 feet; thence S 01"44121" W, a distance of
130.00 feet; thence S 88015'39/1 E. Il distancQ of 70.00 het;
thence S 03044157" E. Q distance of 119.99 feet; thence S
67000100" W, a distance ot 134.18 feet; thenc; N A861S139" W. a
d1stanc~ of 128.16 teet; t.hQnce S 01944'21" W, a distance of
292.00 feat; thence S 61.18'3511 W, c:l distdnce of 9201 feet.
thence S 44~47j08" W, a distance of 45.00 faet~ thencp S
01n44121/1 W, a distance of 165.47 fe~t, to a point on thE North
R19ht~of-Way line of the Buynton Canal. dS shown 1n Plat Book 7,
P~9Q 19; thence S 86953'57" W, a distance of 382.50 feet. along
part of said North R1ght-of~Way line, to a point on the West line
of Lot 14, a SubdiVision of S~ct1on 19 as recorded in Plat Book
7, Page 19; thence S 00009104/1 W. a distance of g.19 feet, along
part 0' sa1d West 11ne. to a puint on the North Right-of-Way lin~
of the Boynton Cana.l, sa i d PQi nt be i ng 70.00 feat North of the
South linG of the North 1/2 of the Northedst 1/4 of Section 19;
thence S 8Aft51'40" W, a distance of 108.66 feet, alung the said
North Right-of~Way line. to d pOint on th~ East lino of the land
described in O.R.B. 3206, Pag\:! l070i thence N 01044'21" E, a
dhtance of 1253.52 feet. along part of said East 11ne. t.o a
point on the common line between Sections 18 ilnd 19; thence N
01C>44'?1" E. a distance of 1270.16 faet, along part of the
aforasaid East line, to the Point of Beginning.
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P_Ili3I:2
LAW OF'F'ICES
800SE CASIEY CIKLIN LUIIITZ M"''''TCNS McBANE 81 O'CONNI:LL.
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i .RU~( 0 "U!lCANDEIlt
: rLtT~H&;" N, .ALOWI"!,,IIl:
! .JI!,;RA~O S, .cr.",
: W'LL~M 1'1, .OOll~, at ....,
. .JOH 0, 150"'1\1"1
I I"U".i:II..J e;Allt;v, '",A,
~ &L.N,J. (:UlI.l..llW. a.....
~ COAl' ,J, C;IKLI"l
i Mle~.E~ w, CONNO~S
! "'O.~IO>~ '- ~,...."'s;, 1'\ /lo.
1 ~Ri~~~E i~~:;r.N
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~ MICl-ltE'- 0, GOROO"l, ""....,
: MIKI:~ 0, GREENE:
, "'O'U'LO .., OI"l$"1"A.-:tO.., .JR.
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,29 ,August 1990
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IJam~S Cherof, City Attorney
;City of Boynton Beach
,P. O. :Box 310
:Boynton Beach, Florida 33435-0310
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tJames ~. Golden, Interim Planning Director
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,City of Boynton Beach
:120 E. Boynton Beach Boulevard
'Soyhton Beach, Florida ~3435
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'Re: Shared Recreat:.ional Facilities Agreement Between Walboyn Developme'ni:
Corporation and Carriage Homes DQvaloproent, Ino.
'" .......T...E~eHI'" INC:I..I"l""NO ,."o~ ~!>:!II<;>NAI. A\5SOCI...TIONS
I..V"",... oJ, ....."'..,~, "'A, ~HII.I.I" 1;1, O'CONNf;LI.. s~, N~07'lgJ71
OANltL ,"" HERSHMAN
Delll"'''' A. ....[N~S
..:IIAN .' J08L"''''
aI'lPA'" 1, KING
C~AALt$ ..., Lvalll. P.A,
""c:H.....1;> I., M"'RTI!cN:!I, ..,..,
\.OiJIl!l A', ""~e"'NIL '",...,
CL...\)OI" M. M~Ki:IotNjl.
..0""";& Qo, (...."..) ""'1.1..51'1
SRI"c,N "" O'CONNHL. ",A,
PHIL I) o'eONNi;..I., ,.I~,. "".II.,
"AR' A. POPE!;T'"
$T&;~HEN L, SHOCHET
$\,151'."1 INILL'AM$
~QN~il( a ZANGFlILLO
OF COIJNSI!:I.
..JOHN L. I'lEM$EN
LEWI$ ~. SANG
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NOFlTHeAIDGE: TOWE:~ I . ,,,," I"Lool.
'1' "'CRT" I"L"GLI::A' DRIVE:
'"'0, O..Awr:;.. OC'lO:SC:O
WE:57 P"L~ !tEACH, F'LO!'lIDA S:"40a-t.a.
'tELEPHONE: (407) 832, !!;~OO
TE:~ItCOp,U 1_07) El3,3'4Z0la
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.Dear Jim and Jim.
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;1 rfceiv.a Jim Coldan's memorandum of August 28, 1'90. I bave
:the Ag~.emant .8 ho has requeeted.
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;Th&IAgr.~ment now etates:
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~ 1. That there ere two (2) tennis ~OUI"t5 eet aside for the exClusive
use of the residents of Carriage Homes. :
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2. Thai: any tennis COUtts 60 set asl~e for the exclusive use bf
Corrlage Homes, or otherwise existing on the Carriage Homes
property, 5hall be wIthout Charge to tbe residents. :
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3. That the Agreement shall be recorded in the Public Record8.~
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~I bflieve this satisties the requIrements set forth in Jim Golden ~ s
memQtandum. Please review the Agreement attache~ and let me know tf
you have any further comments. If not, I will make sure it ge s
~xecute~ an~ recOt~ed in the Public Records at your direction.
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RECEIVED
AUG 29 1990
PLAN NH-JG DEPT.
_~9_9" Ws;:.-:P
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~roea\ ~be~~fl~ert\G1\~t~~\~t~~tnn1nq o1tecto<
~t\\el' ..... ~ ""' ,
ty 'of ~ynton ~ac~
, ~JqU6t 1990
?....,e~'flQ
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~~an~~ fot your coopetation.
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\' uctlntta1n ../attacllment
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~Uf-~9-90 WED 15~X2
P_04
~RI!:PARED BY &: JlETURH '1'Q
:Alan J. ciklin, Esquire
I
j6OO88 CASEY CI~N LUBITZ
KART1::NS MCBANB &: O' CONNELL
i19th 'loo~ ~ Northbridge Centre
i,15 North F~a91er Orive
iWe~t Palm Beach, Florida 33401
['~~l
f\P -\' 1~f~
SHARED RECREhTIONAL FACILITIES AGREEMENT
THIS AGREEMENT made ~hls
d~y of
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, 1990 by t\nd
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a Florida oorporatiJn,
between WALBO'YN DEVELOFMIWT CORFORATION,
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: owner of property described in EXhibit itA", hereinafter
. to as the "Tennis Resort If; and CARRIAGE HOMES DEVELOPMENT,
Florida corporation, the owner of property described in
ItBIf, hereinafter referred to as "Carriage Homes".
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refer*ed
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INC. ~ a
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Exhi~it
WITNESSETH
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ten~1S
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WHEREAS, the Tennis Resort will have a number ot
i courts available, and has agreed to set aside and reserve
for the exclusive use of carriage Homes; and,
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WHEREAS, Carriage Homes will use the tennis courts reseryed
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, for it to satisfy its recreational requirements in the City ~ of
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Boynton Boach, withou~ cost to its residents.
~he
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NOW THEREFORE, for goed and valuable consideration,
parties a9~GG aa follows:
I.
'1'he 'l'ennis Resort
agrees.
to
r@serve two
(2)
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tenpis
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Homes.
court. for the exclusive use of thQ residents of Carriaoe
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The part-lee agree to designate thca tennis courts reserved for
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Car~iage Homes with the appropriate signage.
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II. Any tennis court:;! either u~ed exclusivoly by Carrirge
.
Homes as set forth herein, or located within the CarriaqQ lto!nQS
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property, shall be without chelrge to t.he residents of carria.ge Ho~e....
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Publi.Q Reoords
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of Palm Beach county, and Shall be bindin9 on the parties, their
III.
This Agreement shall be recorded in the
heirs and assigns.
IN WITNESS WHEREOF the parties have executed this Agree~ent
the day and year first written above.
AU~-~9-9~ WED 1S~AA
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WALBOYN DEVELOPMENT CORPORA'tIOI N,
a Florida corporation,
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CARR!AGE HOMES DEVELOPME~'
INC., a Florida corporation:
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By:
i STA'l'E OF FLORIDA
! COUNTY OF PALM BEACH
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I HEREBY CERTIFY that on this day, before me,
duly authorized in the State aforesaid and the County
to take acknowledgments, personally appeared ___
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WI1NESS my hand and seal in the County and State aforas~id
day of . 1990. !
Notary Publio
My Commission Expires:
j S'rATE OF FLORIDA
ICOUN~Y O~ PALM BEACH
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I HEREBV CERTIFY that on this day, before me, an officer
:duly authorizod in the State aforesaid and the County afore5a~d,
:to take acknO~led9ment3, person~lly appeared ~ i '
the of , to me known to be the person
dGsor ibed in and who executed the foregoing inst~ument and wpo
acknowledged before me that ___ they executed same.
this ,
WITNESS my hand and
day of
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seal in the county and state aforesa.1d
r 1990. !
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Notary PUDlic'
My Commission Expires:
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AU~~2Q-g~ W.D 1S:Z4
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T~ECOPIER TRANSMISSION
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0' CONNELL i
1.'0:
JAMES CHEROF, CITY ATTORNEV
CITY OF 50YNTON BEACH
c/o:
i FROM:
ALAN J. CIKLIN, ESQUIRE
c/o:
BOOSE CASEY CI~LIN LUBITZ MARTENS MCBANE &
19th Floor - Northbridge Centre
515 North Flagler Drive
West Palm Beach, Florida 33401
I
!
i
i
AGR~EMENT/WALBO~N
PAT!:
RE:
August 29, 1990
SHARED RECREATIONAL FACILITIES
DEVELOPMENT AND CARRIAGE HOMES
sent from Fax #:
No. Pages:
TIME SENT:
401/833-4209
(Not Including cover shee~)
J
J Fax No:
: Client No:
738-7459
026-3341
'90 08--01 10152
lit 407 832 9390
SHALLOI"JAV
134
072790~OYN
TEMPORARY EASEMENT AGREEMENT
THIS TEMPORARY EASEMENT AGREEMENT t made and entered into
this day of , 1990, by and betwlan WALBOYN DEVELOP.
M ~NT c~rff:", a Ma fni-co-rpo ra t 1 on ( IlW 81 boyn II) I CARR I AG E MOM E S
DEVELOPMENT INC.. a Florida corporation (IICarriage Homes") and
the City of Boynton Beach, F10ridc. a munie1plll corporation,
("City").
R Eel TAL S
WHEREAS. Walboyn is the fee simple owner of that certain
poree1 of real property (the "Walboyn Real Property") 5itu8te,
lying and being in Palm Beach County, Florida more particularly
described in Exhibft "AU attached hereto and made a part hereof;
and
WHEREAS. Carriage Homes is the fee simple owner of that
certain parcel of real property (the "Carriage Homes Real
Property"} situate, lying and being in Palm Belch County,
Florida more particularly described in Exhfbit "8" attached
hereto and made 0 pert hereof, and
WHEREAS. WBlboyn d~51res to grant to Carriage Homes and to
the City and Carriage Homes and the City desire to receive from
Walboyn a temporary, non-exclusive easement of passage and use,
both pedestrian and vehicu'ar. on, oy@r and across that portion
of the Wa1boyn Real property more particularly described in
Exhibit "CV attached hereto and made a part hereof (the "Offsfte
Access Easement").
HOW. THEREFORE, in consideration of the premises and other
valuable consideration. the receipt and sufficiency of wh1~~ are
hereby ecknowledged, the following grants. agreement5 and cove-
nants are made:
1. GRANT OF EASnlENT FROM WALBOYN TO CARRIAGE HOMES AND
'T'R!---eTfr:"--.------.---------------------
-------
Walboyn hereby grants to Carriage Homes and its successors
and assigns and to the City as a 1'\ easel'lent appurtenant to the
Carriage Homes Real Property. a temporary, non.exclu$ive easement
of passage and use, both pedestrian Dnd vehicular, on~ oyer and
across the Offsite "tcess EAsement. The easement established,
created and granted hereby she 11 be for the benefit of. end
restricted solely to the City and to the owners from time to time
of the Carriage Homes Real Property, but any such owner may grftnt
the benefit of such easement, license. right and privilege to the
tenants of such owner(s) now or hereafter occupying any fmprov@-
ment(s) located upon the Carriage Home$ Real Property for the
duration of such tenency. Other than the limited easement rights
granted herein, any and all rights in and to the Walboyn Real
Property are expressly reserved to Walboyn.
2. DIVISION OF CARRIAGE HOMES REAL PROPERTY. If the
Carriage Homes--Re-aT-Property---;S-hem1ter-d'"1ifoed 1nto two or
more parts or parcels by separation of ownership. the owner(s) of
each such separate Ptlrt Qr parte' stall be 5ub~e(;t. to the ease-
ment hereby created in favor of the City and the Carriage Homes
Rea1 Property and no such subdivision of the Carriage Homes Real
'90 09/01 1015~
It 40i' 932 9390
SHALLOIJAY
05
Property, regard1ess of the number of separate parts or parc@ls,
shall be deemed to unlawfully 1ncr@8se the burden and U~e of the
easement hereby creatc!d in favor of the City and the Carrhae
Homes Rial Property. .
3. WARRANT~ OF TITLE.
_~_____u________
B. Walboyn warrants that it is the owner of the fee simple
tItle to the Walboyn Real Property.
b. Carr18g~ Homes warrants that it is the owner of the fOR
simple title to the Carriage Homes Real Property.
4. ATTORNEYS FEES.
.......------...---.--
In connection with 8ny litigltion arfsing out of this
Agreement, the prevailing party shall be entitled to recover
reasonable attorney's fees and costs at all trial end appellate
levels.
5. ~HFQB~~~;~l.
The eosements. restrictions, ben41f1t! a.nd obligations
hereund@r she" create serv1tudes upon the Walboyn Real Property,
running with the land. This Agreement shall create pr1v1ty of
contract and/or estate with and among all grontees of the fee
simple title 1n and to all or any portion of the Walboyn P.eal
Property, their heirs. personal representot1ves, administrators,
successors or assigns. In the event of a breach. or attempted or
threatened breach, by any owner hereafter of any portion of the
Walboyn Real Property in any of the t@rMS. covlnants and con-
ditions hereof, the owner(s) of the Carriage Homes Real Property
and/or the City shall be entitled forthwith to full and adequate
relief by injunction and/or all such other available 1eglll and
equ1tab1e remedies From the consequences of such breach.
6. GOVERNING LAW.
----.---..----
This Agreem@nt shall be construed, interpreted and enforced
in accordance wtth the laws of the State of Floride.
7. MAINTENANCE OF OHSITE ACCESS EASEMENT. rf1. owner of
the Walboyn-tteiT-l'roper1y anatlie-o-wn-e-ror-tJj@ Carriage Homes
Real Property shall be jointly responSib1e. and shall share costs
on a 50/50 basis, for construction. maintenance or repair on or
to the Offsfte Access Easement. Either owner mlY 11\ithte and
perform construction, maintenance or repair on or to the Offsite
Access Easement and shall be entitled to contrfbution from the
other owner for 50% of the costs therefor.
8. QYB.ATION.
This Agreement shall t@rm1nate upon the recordatio~ amongst
the public records of Palm Beach County. Florida of a plat of the
Walboyn Real Property, approved by the City.
IN WITNESS WHEREOF I tht parties hereto have exeeuted this
Temporary Easement Agreement this ____~ day of ________, 1990.
Signed, sealed and delivered
in the presence of~
-------------------------
WALBOYN DEVrLOPMENT CORP.,
a Maine corporation
By'
. Tii-,reslaint-----------
--------------------..-------
2
'90 09'01 10155
a 407 932 9390
5HALLO\JAY
06
CARRIAG~ ~OMES DEVELOPMENT INC..
a Florida corporation
----------------..- -. .--., -.....---
8y: Tii-'reiTdent------------
STATE Of FLORIDA
COUNTY Of PALM BEACH
1 HER E 8 Y C ~ R T rr Y t hat 0 nth 15 day, be for e me. Il n 0 f f 1 c e r
duly llutnorited 1n the Stat@ and County aforesaid to take ae-
knowledgments. personally appeared Michael P. Walsh, as President
of Walboyn .Development Cor-p., a Maine corpot'~t1on, to me well
known to b@ the person deSCl'ibtd in end who ex!cuted the fore-
going AgY'eement and he ^cknowledged before me that he executed
the same for the purpos@s therefn expressed.
WITNESS my hand and official seal in th8 county and state
a for e s e f d t h 1 5 _.~_ day 0 f _________, 1 990 .
RotarYl'U6ile----------
My Commission E~pires:
STATE OF FlORIOA
COUNTY OF PALM BEACH
I HEREBY CERTIFV that on this day. before me. an officer
duly authorized in the State and County aforesaid to take 6C-
k now' e d gnl en t s. per son 1I 1 1 Y il P pea r ~ d And y B erg e r t asP res ide n t 0 f
Csrr1age Homes Oevelopment Inc., a Florida corporation. to me
well known to be the person desc.ribed in al'ld who executed the
foregofng Agreement and he acknowledged before me thet he ex@cut-
ed the same for the purposes therein expressed.
WiTNESS my hand and off1ch1 seal in the county and state
aforesaid this _____ day of __________- 1990.'
R01ary-'jj6T1C
My Comm'~s1on E~pires:
iQ.lt!!!~B
Mid1antic National BanI:. ("M1dlantic"). the owner and holder of
that certain Mortgage recorded June 29, 1990 in Official Records
Book 6504 at Page 748. of the Pub' it Records of P"lm aeach
County, Florida (the "l~ortgege") joins in the eu~cution of the
forego109 Temporary Easem@nt Agreemen t for the purposes of: (a)
Bcknowledging the foregoing Temporary Easement Agreemlnt, and (b)
evidenc1ng the agreement of M1dlentic to the terms of the forew
going Temporary Easement Agreement, and (c) further acknowledging
that in the event that M1dlant1e becomes the owner of all or any
portion of the Carriage Homes Real Property by foreclosure of the
Nortgage or by accepting a deed in lieu of foreclosure of th@
Mortgage, the foregoillg Temporary Easement Agreement shall remain
in full force and effect, notwithstanding the foreclosure of the
3
J . ',',
::, .
_.......~.....,~. .
'. ..-....-.------..,.-- .,... ..--.'-'
..- . ...._~ --....-.-. ..... ... ----.. .. .,--,.. ... ..-.....--- ._....~ -... -
.ge ee,e1 1~1I56
a 4e7 e32 93ge
SHALLOI.JAY
e7
Mortgage or the acceptance by Midhot'ic of 8 deed in lieu of
foreclosure of the Mortgage.
Signed, sealed and de11ver!d
in the presenca of::
Midlantic National Bank
By!__________________________
STATE OF
COUNTY OF
1 HEREBY CERTIFY that on this day, before me. an officer
duly authorhed in the State a.nd County aforesaid to take ac-
knowledgments, personally apP@llred , as
of Midlant1c Nat1onar-Ja~~~me-wel,-known to
De-tne-j)ers~)jr-aescr1bed in and who executed the foregoing Joinder
and acknowledged before me that said p!rson executed the seme for
the purposes therein expressed. ,
WITNESS my hand and official s@a.l in the county and state
aforesaid thfs _____ day of _________~I 1990.
NotarypubTTc
My Commission Expires:
4
'90 091'0t l0157
Z 01\07 932 9390
SHALLOI.JFIY
09
Exhibit nAil
Walboyn Real Property
A portion of CONGRESS LAKES - PLAT NO.1 (P.U.O.) as record@d \"
Plat Book 46, Page 124 of th@ Public Records of Pelm Beach
County, being more particularly described 8S follows:
BEGINNING at the Southwest corner of said Plat of CONGRESS lAKES,
thence North 01044'21H East e distance of 165.47 f8et~ thence
North 44047'08\1 East a distance of 4!i.OO feet, thence North
6P18'351l tast e distance of 92.01 feet, thence North 01Cl44'21"
East iJ distance of 292.00 feet; thence South 88115'39" East a
di$tance of 126,16 feet; thence North 67000'00" East 8 distance
of 12.4.69 feet; thenc(! South 011144'21" West a dhtence of 298.32
fe@t; thence South 461144'21" West a d~stance of 83.18 feet~
thence South 0104412111 We't II distance of Z17.37 feet; thence
South 8805711711 west ~long the Northerly Right-of-Way of the L-16
(Boynton Canal) a distance of 292.56 to th! POINT OF BEGINNING.
Subject to ea$ementst reservations and rightshof-way of record.
Said land situatE:. lying end being in Boynton Beach. Palm Beach
~ountYt Florida, end contains 3.17 acres more or less.
'90 08/01 L0158
Z 407 832 93S0
SH~LLOI"JA~;
89
Exhibit "8"
Carriage Homes Real Property
A parcel of land, bp.lng part 01 the Southeast quarter of Section
18. Townshfp 45 South, Range 43 East, and being part of the North
half of the Northe4$t 1/4 Section 19, Town$hip 45 South, Range 43
tut, 1n Palm Reach County, Florida and being more particularly
described as follows:
Commencing at the East 1/4 corner of Section 18, thence S
89005'0911 W. ft distance of 50.05 feet, along part of the North
line of the Southe~st 1/4 of Section 18, to a point on the West
Right-of-Way line of Congress Avenue as described in O.R,B. 1290.
Page 519, thence S egoOS'09" W, a distance of 1301.41 feet. along
part of the North lfne of the Southeast 1{4 Of Section 18, to the
East line of a tr'act as described in a deed from N.R. Field to
Sunny South Estates. lnc., recorded in O.R,B. 3206, Page 1070;
thence S 01"'44'21" W. a distance of 1370.28 feet, along part of
said East line, to the Point of Beginning of the parcel described
herein, said pOint being on the South Rfght-of-Way l1n8 of N.W
22nd Avenue as described in G.R.B. 1785, Page 1569, thence N
88('59156" E, a distance of 300.43 feet, along the $aid South
Right-of-Way line, tnel'ltl! S Clt:"44'21tl W, a distance of 210.00
feet. leev1ng NW ~2nd Avenue; thence S 58012'44" E, I distance of
216,05 feet; thencE! S 31'-"47116t1 W, a distance of 140.00 feet;
thence S 58&12'44" E. a distance of 360.00 feet; thence S
01044/21<< W, a distance of 1014.23 feet; thence S 53030'OOn E, a
distance of' 49.16 feet; thence S 0104412111 W. II distance of
130.00 feet; thence S 88(115'39" E, a distance of 70.00 feet;
thence S 03044'57" E, a distance of 119.99 fe@t; thence S
67<>00100" W, a distance of 134.18 fe@ti thence N 88015'39" W, a
distance of 12S.16 feet; thence 5 01~44121" W, a d1stance of
292.00 feet. thence S 61C>lBI35" W" a distance of 92.01 feet;
thence S 44(147108" W, a distance of 45.00 feet; thenCA S
01044'21" W. a distance 0' 165.47 feet, to a point on the North
Right-of-Way line of the Boynton Canal, as shown in Plat Book 7,
rage 19; thence S 88653'57" W. a distance of 382.60 feet, along
part of said North Right-of-Way line, to a point on the West line
of Lot 14, a Subdivision of Section 19 as recorded in Plat Book
7. Page 19; thence S OO~09'04tr "I, a distance of 9.19 feet, along
part of said West line, to a point on the North Right-of-Way line
of the Boynton Cana1, seid point being 70.00 feet North of the
South line of the North 1/2 of the Northe~st 1/4 of Section 19;
thence S 88c51'40" W, a distance of 108.66 f!et, along the said
North Right-of-Way line, to a point on the East line of the land
described in O,R.B. 3206, Page 1070~ thence" 01044'21" E, a
distance of 1253.52 feet, along part of said East line, to a
point on the COlllnlon l1ne betweon Sections 18 and 19; thence N
Olo44'Zl" ,E, II distance of 1270.16 feet. along part of the
aforesaid East line, to the Point of Beginning.
~* TOTRL PAGE.coe ~~
'\
nR0792ROYN2
r: /'H7, '<1 1':1......., f<~'P
) 5 ~ f':'r<.-'''' f'l1'"
,~~EASEMENT AGREEMENT
r THIS EASEMENT AGREEMENT, made and entered into this 7th day
of~ugust, 1992, by and between CARRIAGE HOMES DEVELOPMENT, INC.,
a Florida corporation ("Carriage") and the CATALINA CLUB SOUTH
PROPERTY OWNERS' MASTER ASSOCIATION, INC. (the IIAssociatio~~~;t:k-
RECITALS MI~~1
WHEREAS, Carriage is the fee simple owner of that certain
parcel of real property (the "Carriage Homes Real Property")
situate, lying and being in Palm Beach County, Florida more
particularly described in Exhibit "A"; and
WHEREAS, Carriage desires to grant to the Association and
the Association desires to receive from Carriage a non-exclusive
easement (the "Easement") for private road purposes including
common access, ingress and egress on, over and across that
po r t ion 0 f t h.,e _Ca,~~, Horn e s Rea 1 Pro per t y m 0 r e par tic u 1 a r 1 y
. " des c rib e d ~=~~~i,_~_,~'~ attached hereto and made a part hereof.
yJ;56f l'1-fj-- NOW, THE REF 0 R E, i n con sid era t ion 0 f the pre m i s e san dot her
valuable consideration, the receipt and sufficiency of which are
hereby acknowl edged, the foll owi ng grants, agreements and cove-.,
n ant s are mad e : tV.Jl.k'11~-i
J~,
1. GRANT OF EASEMENT FROM CARRIAGE TO THE ASSOCIATION.
,
---------------------------------------------------
Carriage hereby grants the Easement to the Association and
its successors and assigns as an easement appurtenant to the
Carriage Homes Real Property. Other than the 1 imited easement
rights granted herein, any and all rights in and to the Carriage
Homes Real Property are expressly reserved to Carriage.
2. DIVISION OF CARRIAGE HOMES REAL PROPERTY. If the
Car ria g e ~mes--R'eaT-lJroperl:y-rs-nereaner--afvfa e din tot woo r
more parts or parcels by separation of ownership, the owner(s) of
each such separate part or parcel shall be subject to the Ease-
ment and no such subdivision of the Carriage Homes Real
Property, regardless of the number of separate parts or parcels,
shall be deemed to unlawfully increase the burden and use of the
Easement.
3. WARRANTY OF TITLE.
-----------------
Carriage warrants that it is the owner of the fee simple
title to the Carriage Homes Real Property.
4. ATTORNEYS FEES.
In connection with any litigation arlslng out of this
Easement Agreement, the prevail ing party shall be entitled to
recover reasonable attorney's fees and costs at all trial and
appellate levels.
5. ENFORCEMENT.
The easements, restrictions, benefits and obligations
hereunder shall create servitudes upon the Carriage Homes Real
Property, running with the land. In the event of a breach, or
attempted or threatened breach, by any owner hereafter of any
portion of the Carriage Homes Real Property in any of the terms,
c 0 v e n ant san d con d i t ion she reo f., the Ass 0 cia t ion s h all b e
entitled forthwith to full and adequate relief by injunction
and/or all such other available legal and equitable remedies from
the consequences of such breach.
6. GOVERNING LAW.
-------------
This Easement Agreement shall be construed, interpreted and
enforced in accordance with the laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this
Easement Agreement the day and year first above written.
Signed, sealed and delivered
in the presence of:
CARRIAGE HOMES DEVELOPMENT INC.,
a Florida corporation
By:
Tts-PresTdent------------
-------------------------
-------------------------
CATALINA CLUB SOUTH PROPERTY
OWNERS' MASTER ASSOCIATION, INC.
By: _________________________
-------------------------
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that the foregoing instrument was
acknowledged before me this _______ day of ______~---------,
1992, by Andrew Berger, as President of Carrlage Homes
Development Inc., a Florida corporation, who did not take an oath
and who is personally known to me.
Notary-PubTTc----------------------
Name:
Commisslon-No::--------------------
My Commission Expires:
STATE OF FLORIDA
.COUNTY OF PALM BEACH
I HEREBY CERTIFY that the foregoing instrument was
acknowledged before me this _______ day of ___~____________,
1992, by Thomas T. Walsh, as President of the Catalina Club South
Property Owners' Master Association, Inc., who did not take an
oath and who is personally known to me.
My Commission Expires:
Notary-PubTTc------7---------------
Name:
-.---------------------------
Commisslon No.: ___________________
2
Exhibit "A"
Carriage Homes Real Property
A parcel of land, being part of the Southeast quarter of Section
18, Township 45 South, Range 43 East, and being part of the ~orth
half of the Northeast 1/4 Section 19, Township 45 South, Range 43
East, in Palm Beach County, Florida and being more particularly
described as follows:
Commencing at the East 1/4 corner of Section 18, thence S
89005'09" W, a distance of 50.05 feet, along part of the North
line of the Southeast 1/4 of Section 18, to a point on the West
Right-of-Way line of Congress Avenue as described in O.R.B. 1290,
Page 519, thence S 89005109" W, a distance of 1301.41 feet, along
part of the North line of the Southeast 1/4 of Section 18, to the
East line of a tract as described in a deed from N.R. Field to
Sunny South Estates, Inc., recorded in O.R.B. 3206, Page 1070;
thence S 01044'21" W, a distance of 1370.28 feet, along part of
said East line, to the Point of Beginning of the parcel described
herein, said point being on the South Right-of-Way line of N.W
22nd Avenue as described in O.R.B. 1785, Page 1569, thence N
88059'56" E, a distance of 300.43 feet, along the said South
Right-of-Way line, thence S 01044'2111 W, a distance of 210.00
feet, leaving NW 22nd Avenue; thence S 5801214411 E, a distance of
216.05 feet; thence S 31047'1611 W, a distance of 140.00 feet;
thence S 58012'4411 E, a distance of 360.00 feet; thence S
0104412111 W, a distance of 1014.23 feet; thence S 5303010011 E, a
distance of 49.16 feet; thence S 01044121" W, a distance of
130.00 feet; thence S 88015'39" E, a distance of 70.00 feet;
thence S 03044'57" E, a distance of 119.99 feet; thence S
67000100" W, a distance of 134.18 feet; thence N 8801513911 W, a
distance of 128.16 feet; thence S 01044'2111 W, a distance of
292.00 feet; thence S 61018'35" W, a distance of 92.01 feet;
thence S 44047108" W, a distance of 45.00 feet; thence S
01044'21" W, a distance of 165.47 feet, to a point on the North
Right-of-Way line of the Boynton Canal, as shown in Plat Book 7,
Page 19; thence S 88053'5711 W, a distance of 382.60 feet, along
part of said North Right-of-Way line, to a point on the West Line
of Lot 14, a Subdivision of Section 19 as recorded in Plat Book
7, Page 19; thence S 00009104" W, a distance of 9.19 feet, along
part of said West line, to a point on the North Right-of-Way line
of the Boynton Canal, said point being 70.00 feet North of the
South line of the North 1/2 of the Northeast 1/4 of Section 19;
thence S 8805114011 W, a distance of 108.66 feet, along the said
North Right-of-Way line, to a point on the East line of the land
described in O.R.B. 3206, Page 1070; thence N 0104412111 E, a
distance of 1253.52 feet, along part of said East line, to a
point on the common 1 ine between Sections 18 and 19; thence N
01044'2111 E, a distance of 1270.16 feet, along part of the
aforesaid East line, to the Point of Beginning.
tlr~J} ,/ TERMINATION AGREEMENT
(THIS AGREEMENT made and entered into this day of
-A u g u s t , 1 9 9 2 by and bet wee n W A LBO Y N D EVE LOP MEN T C(j"ffp:~- a M a i n e
corporation ("Walboyn") and CARRIAGE HOMES DEVELOPMENT, INC., a
Fl0,rida corporation ("Carriage Homes"). ,. ',,' ,=;4",""-
~J {,'I. . WI T N E SSE T H ,fejPr Ci/g- G1f&[?n-t.L
" . ~ WHEREAS, Wa 1 boyn and Ca rri age Homes~ntered into thar
y~ .1 tain Shared Recreational Facilities Agre,ement dated September
. ~ ~ 111, 1990 (the "Facilities Agreement"); an,d..
J WHEREAS,' WalboY,na,nd!;~:~rriage, Homest~!:(re to terminate the
r 0 Fa c i 1 i tie sAg r e em e n tj <:.. "',' ~ -l ; I ! tL..-' ". ,,' f { (,
I ,., \ r,' i-i;)
NOW, /'THEREFORE, in consid~tationt 'o'f
other good and valuable considerations,
Homes hereby agree as follows:
" - c > . - ~) efi,1 f .J.... / i. ~;~ __:: ,i'
the pre m i s e s a n'a' f 6 r A./
Wa 1 boy n and Car ri age, -::' " '
1. The Facilities Agreement is hereby terminated from and
after the date of this Agreement.
2. This Agreement shall be binding upon the parties and
their successors and assigns.
f,,-'
,t ,~ .
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
Signed, sealed and delivered
in the presence of:
WALBOYN DEVELOPMENT CORP.,
a Maine corporation
By:
Tts-VTce-PresTdent------
CARRIAGE HOMES DEVELOPMENT, INC.,
a Florida corporation
By:
Tts-PresTdent------------
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that the foregoing instrument was
acknowledged before me this day of ,
1 992 , by Tho mas T. M c M u r r a i n ;---t-he-- V ice Pre s idenf-of--WaTboy n
Development Corp., a Maine corporation, who did not take an oath
and who is personally known to me.
Notary-~ubTlc----------------------
Name:
Commisslon-No:T-===================
My Commission Expires:
'r ~~"'
J>>'tA ~.f ~~'J
'~#' VJ ::p. ·
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that the foregoing instrument was
acknowledged before me this day of ,
1 992 , by And r e w Be r g e r , a s--Pres ide n t 0 f --Carrlage--Home s
Development, Inc., a Florida corporation, who did not take an
oath and who is personally known to me.
Notary-PubTTc----------------------
Name:
-T---------------------------
Commisslon No.:
-------------------
My Commission Expires:
N 0 y -; s - 9 la F R J:
9:1:il:
RECEIVED
P_ la1
i
f "
~ ;--!
v
NOV 8 1990 '-'
PLANNING DEPT.
,. l
ERf:PJ\KED BY I: RK'l'URN TQ
Alan J. cik11n, Esquire
BOOSE CASEY CIKLIH LUBITZ
MARTENS MCBANE , O'CONNELL
19th Floor - Northbr1dge Cent]
515 North Flaqler Drive
West Palm ~each, Florida 3340J
j
!
DeDi.
1I'#13~7?51
SHAREO RECREATIONAL FACILITIES AGREEMENT
oj' .
THIS AGREEMENT made this fI .' day of ~t~f 1990 by and
between WALBOYN DEVELOPMENT CORPORATION, a Florida corporation,
owner of property described in Exhibit "A", hereinafter referred
to as the 'IITennis Resortll; and CARRIAGE HOMES DEVELOPMENT I INC.,
a Florida corporation, the owner of property described in Exhibit
liB", hQreinafter rQferred to as "carriage Homes".
WlTNRSSRTH
WHEREAS, tho Tonnis R9sort will have a number of tennis
oourts availabl., and ha~ agreed to set aaide and rQserv. courts
for the eXQlusive use of Carriage HomeS1 and,
WH~RE~S, Carriage Homes ~ill use the tennis courts reserved
for it to satisfy its recreotionlll requirements in the city of
Boynton Beach, without cost to its residents.
NOW THEREFORE, for good and valuable con5ider~tion, the
parties agree as follows:
I. The Tennis Resort i1grees to reserve two (2) tennis
courts for the exclusive use of the residents or carriage Homes.
The parties agree to designate the tennis courts reserved for
Carriage Homes with the appropriate signage.
II. Any tennis courts either used exclusively by Carriage
Homes as set forth herein, or located within the Carriage Homes
property, shall be without charge to the residents of Carriage
Homes.
Furthermore, there shall be no charge for use of any
courts within the Carriaqe Homes property.
Xrl. This Agreement shall be recorded in the Public Records
of Palm Beach County, and shall be bindin9 on the parties6 their
heirs and assigns.
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CARRIAGE HOMES OEVELOPMENT,
INC., a Florida corporation:
BY: (/7:Ap- ~
STATE OF 'FLORIDA
I
COUNTY OF'PALM BEACH
I HEREBY CERTIFY that on this day, before me, Gn officer
dUly authorized in tha State aforesaid and tbe Cou~ty ?~oresaid,
to take ackno\tlled9nu:;~nts, por,sonally appeared 1'\...1,.,,/<:. W~IS ,') ,
the V I ({ {It:!. ~ of w~",~vevtl. (0 'f' to me k~wn to be- the person
described in and who executed t.h foregoin9 in:strument anl.1 Who
acknowledqed befora me that ___ they e~ecuted same.
this
WITNESS my hand and ~eal in the County and state aforesaid
~-r day of .;j~t--T; //;..t-{ 'j _..., 1990. ,
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Notary PUblio
MY coxnm~~
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STATE OF FLORIDA
Expires:
NICOlI LEE HARTlINf
M1 COmm, txpitet (kt, 11, _
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COUNT1 Of' PALM BEACH
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II HERE5~ CERTIFY that on this day, before mel an officer
duly authori~ed 1n the State aforesaid and the County aforesaid,
to take acknowledgments, personallY appeared ..&.I..X Bev.; llr . _,
the fNf. ofC"... ('Il.jt Hn,,(\ DI''I(/. r",., to me known to b th,e person
descr i bed in and Who executed the foregoing instrument and ~ho
acknowledged before me that __.._ they executed same.
WITNESS my p,and and
this ~.~,_ day of 'df1J/1),.it,
seal in the County and stat. aforesaid
__, 1990.
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My Commission Expires:
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T E M P 0 R A RYE A S E r.1 E N TAG R E EM E N T \.....'~)' \ 0 \J\,
THIS TEMPORARY EASEMENT AGREEMENT, made and entered into
this 5th day of August, 1991, by and between WALBOYN DEVELOPMENT
CORP., a Maine corporation ("Wa1boyn"), CARRIAGE HOMES
DEVELOPMENT, INC., a Florida corporation ("Carriage Homesll) and
the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation,
,("City").
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R E C I TAL S
WHEREAS, Wa1boyn is the fee simple owner of that certain
parcel of real property (the IIWa1boyn Real Propertyll) situate,
lying and being in Palm Beach County, Florida more particularly
described in Exhibit IIA" attached hereto and made a part hereof;
and
WHEREAS, Carriage Homes is the fee simple owner of that
certain parcel of real property (the "Carriage Homes Real
Property") situate, lying and being in Palm Beach County,
Florida more particularly described in Exhibit "B" attached
hereto and made a part hereof; and
WHEREAS, Wa1boyn desires to grant to Carriage Homes and to
the City and Carriage Homes and the City desire to receive from
Wa1boyn a temporary, non-exclusive easement of passage and use,
both pedestrian and vehicular, on, over and across that portion
of the Wa1boyn Real Property more particularly described in
Exhibit IIC" attached hereto and made a part hereof (the "Offsite
Access Easementll).
NOW, THEREFORE, in consideration of the premises and other
valuable consideration, the receipt and sufficiency of which are
hereby acknow1 edged, the fo11 owi ng grants, agreements and cove-
nants are made:
1. GRANT OF EASEMENT FROM WALBOYN TO CARRIAGE HOMES AND
fHE-cTfV~----------------------------------------------
Wa1boyn hereby grants to Carriage Homes and its successors
and assigns and to the City as an easement appurtenant to the
Carriage Homes Real Property, a temporary, non-exclusive easement
of passage and use, both pedestrian and vehicular, on, over and
across the Offsite Access Easement for private road purposes. The
easement established, created and granted hereby shall be for the
benefit of, and restricted solely to the City and to the owners
from time to time of the Carriage Homes Real Property, but any
such owner may grant the benefit of such easement, license, right
and privilege to the tenants of such owner(s) now or hereafter
occupying any improvement(s) located upon the Carriage Homes Real
Property for the duration of such tenancy. Other than the limited
easement rights granted herein, any and all rights in and to the
Walboyn Real Property are expressly reserved to Wa1boyn.
2. DIVISION OF CARRIAGE HOMES REAL PROPERTY. If the
Car ria g e l1omes--lrear-Py'-operty--'-s-lierearter--crrvlae din tot woo r
more parts or parcels by separation of ownership, the owner(s) of
each such separate part or parcel shall be subject to the ease-
ment hereby created in favor of the City and the Carriage Homes
Real Property and no such subdivision of the Carriage Homes Real
Property, regardless of the number of separate parts or parcels,
shall be deemed to unlawfully increase the burden and use of the
easement hereby created in favor of the City and the Carriage
Homes Real Property.
3. WARRANTY OF TITLE.
a. Walboyn warrants that it is the owner of the fee simple
title to the Walboyn Real Property.
b. Carriage Homes warrants that it is the owner of the fee
simple title to the Carriage Homes Real Property.
4. ATTORNEYS FEES.
In connection with any litigation arlslng out of this
Agreement, the prevail ing party shall be entitled to recover
reasonable attorney's fees and costs at all trial and appellate
levels.
5. ENFORCEMENT.
The easements, restrictions, benefits and obligations
hereunder shall create servitudes upon the Walboyn Real Property,
running with the land. This Agreement shall create privity of
contract and/or estate with and among all grantees of the fee
simple title in and to all or any portion of the Walboyn Real
Property, their heirs, personal representatives, administrators,
successors or assigns. In the event of a breach, or attempted or
threatened breach, by any owner hereafter of any portion of the
Walboyn Real Property in any of the terms, covenants and con-
ditions hereof, the owner(s) of the Carriage Homes Real Property
and/or the City shall be entitled forthwith to full and adequate
relief by injunction and/or all such other available legal and
equitable remedies from the consequences of such breach.
6. GOVERNING LAW.
This Agreement shall be construed, interpreted and enforced
in accordance with the laws of the State of Florida.
7. MAINTENANCE OF OFFSITE ACCESS EASEMENT. The owner of
the Walboyn--Rear-Proper1y--and-the-owne~-of-1he Carriage Homes
Real Property shall be jointly responsible, and shall share costs
on a 50/50 basis, for construction, maintenance or repair on or
to the Offsite Access Easement. Either owner may initiate and
perform construction, maintenance or repair on or to the Offsite
Access Easement and shall be entitled to contribution from the
other owner for 50% of the costs therefor.
8. DURATION.
This Agreement shall terminate upon the recordation amongst
the public records of Palm Beach County, Florida of a plat of the
Walboyn Real Property, approved by the City.
IN WITNESS WHEREOF, the parties hereto have executed this
Temporary Easement Agreement the day and year first above
written.
Signed, sealed and delivered
in the presence of:
WALBOYN DEVELOPMENT CORP.,
a Maine corporation
By: Tts-VTce-PresTdent------
2
CARRIAGE HOMES DEVELOPMENT, INC.,
a Florida corporation
By: ~________________________
Its President
CITY OF BOYNTON BEACH, FLORIDA,
a municipal corporation
By:' _________________________
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that the foregoing instrument was
acknowledged before me this day of
1992, by Thomas T. McMurrain_:_--t-h-e--Vice Presldenf-of--WaTboy~
Development Corp., a Maine corporation, who did not take an oath
and who is personally known to me.
Notary-PubTTc----------------------
Name:
CommissTon-No~:--------------------
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that the foregoing instrument was
acknowledged before me this day of ,
1992, by Andrew Berger, as--T5resi dent of --Carrfage--Homes
Development, Inc., a Florida corporation, who did not take an
oath and who is personally known to me.
Notary-PubTTc----------------------
Name:
CommissTon-No~:--------------------
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that the foregoing instrument was
acknowledged before me this day of ,
------- ----------o-r-tne
~~i~' O:yBOyn10n-BeaCh~-Florl-da;-a-mUn{Ci~~1-COrporafron-:- who did
not take an oath and who is personally known to me.
Notary-PubTTc----------------------
Name: '
CommissTon-No~:--------------------
My Commission Expires:
3
Exhibit II All
Walboyn Real Property
.
A portion of CONGRESS LAKES - PLAT NO.1 (P.U.D.) as recorded in
Plat Book 46, Page 124 of the Public Records of Palm Beach
County, being more particularly described as follows:
BEGINNING at the Southwest corner of said Plat of CONGRESS LAKES,
thence North 01044'2111 East a distance of 165.47 feet; thence
North 44047'0811 East a distance of 45.00 feet; thence North
61018'3511 East a distance of 92.01 feet; thence North 01044'2111
East a distance of 292.00 feet; thence South 88015139" East a
distance of 128.16 feet; thence North 67000'0011 East a distance
of 124.69 feet; thence South 0104412111 West a distance of 298.32
feet; thence South 4604412111 West a distance of 83.78 feet;
thence South 0104412111 West a di stance of 217.37 feet; thence
South 88057117" West along the Northerly Right-of-Way of the L-16
(Boynton Canal) a distance of 292.56 to the POINT OF BEGINNING.
Subject to easements, reservations and rights-of-way of record.
Said land situate, lying and being in Boynton Beach, Palm Beach
County, Florida, and contains 3.17 acres more or less.
Exhibit "B"
Carriage Homes Real Property
.
A parcel of land, being part of the Southeast quarter of Section
18) Township 45 South, Range 43 East, and being part of the North
half of the Northeast 1/4 Section 19, Township 45 South, Range 43
East, in Palm Beach County, Florida and being more particularly
described as follows:
Commencing at the East 1/4 corner of Section 18, thence S
89005'09" W, a distance of 50.05 feet, along part of the North
line of the Southeast 1/4 of Section 18, to a point on the West
Right-of-Way line of Congress Avenue as described in O.R.B. 1290,
Page 519, thence S 89005'09" W, a distance of 1301.41 feet, along
part of the North line of the Southeast 1/4 of Section 18, to the
East line of a tract as described in a deed from N.R. Field to
Sunny South Estates, Inc., recorded in O.R.B. 3206, Page 1070;
thence S 01044121" W, a distance of 1370.28 feet, along part of
said East line, to the Point of Beginning of the parcel described
herein, said point being on the South Right-of-Way line of N.W
22nd Avenue as described in O.R.B. 1785, Page 1569, thence N
88059'56" E, a distance of 300.43 feet, along the said South
Right-of-Way line, thence S 01044121" W, a distance of 210.00
feet, leaving NW 22nd Avenue; thence S 58012'44" E, a distance of
216.05 feet; thence S 31047116" W, a distance of 140.00 feet;
thence S 58012144" E, a distance of 360.00 feet; thence S
01044121" W, a distance of 1014.23 feet; thence S 53030'00" E, a
distance of 49.16 feet; thence S 01044'21" W, a distance of
130.00 feet; thence S 88015'39" E, a distance of 70.00 feet;
thence S 03044157" E, a distance of 119.99 feet; thence S
67000100" W, a distance of 134.18 feet; thence N 88015139" W, a
distance of 128.16 feet; thence S 01044121" W, a distance of
292.00 feet; thence S 61018135" W, a distance of 92.01 feet;
thence S 44047108" W, a distance of 45.00 feet; thence S
01044'21" W, a distance of 165.47 feet, to a point on the North
Right-of-Way line of the Boynton Canal, as shown in Plat Book 7,
Page 19; thence S 88053'57" W, a distance of 382.60 feet, along
part of said North Right-of-Way line, to a point on the West Line
of Lot 14, a Subdivision of Section 19 as recorded in Plat Book
7, Page 19; thence S 00009'04" W, a distance of 9.19 feet, along
part of said West line, to a point on the North Right-of-Way line
of the Boynton Canal, said point being 70.00 feet North of the
South line of the North 1/2 of the Northeast 1/4 of Section 19;
thence S 88051140" W, a distance of 108.66 feet, along the said
North Right-of-Way line, to a point on the East line of the land
described in O.R.B. 3206, Page 1070; thence N 01044121" E, a
distance of 1253.52 feet, along part of said East line, to a
point on the common 1 ine between Sections 18 and 19; thence N
01044'21" E, a distance of 1270.16 feet, along part of the
aforesaid East line, to the Point of Beginning.
EXHIBIT lie"
A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19, RUN
S 88-56'29" W, ALONG THE NORTH LINE OF SAID SECTION, A
DISTANCE OF 60.07 FEET TO A POINT ON THE WEST RIGHT-OF-WAY
LINE OF CONGRESS AVENUE (120' R.O.W.); THENCE S 00.12'55" E,
ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1242.86
FEET TO A' POINT OF INTERSECTION OF SAID RIGHT-OF-WAY LINE
AND THE NORTH RIGHT-OF-WAY LINE OF THE BOYNTON CANAL
(L.W.D.D. C-16) (P.B. 7 PG. 19); THENCE S 88055'08" W, ALONG
SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 843.04 FEET;
THENCE LEAVING SAID NORTH LINE, N 01044'21" E, A DISTANCE OF
165.47 FEET; THENCE N 44047'08" E, A DISTANCE OF 45.00 FEET;
THENCE N 61018'35" E, A DISTANCE OF 89.37 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE N 61018'35" E, A
DISTANCE OF 2064 FEET; THENCE N 01044'21" E, A DISTANCE OF
,32.66 FEET; THENCE S 88015'39" E, A DISTANCE OF 52.88 FEET;
THENCE N 01.44' 21" E, A DISTANCE OF 162.02 FEET TO A
POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, AND
HAVING A RADIUS OF 60.00 FEET; THENCE, NORTHWESTERLY ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF 83011' 15" AN ARC
LENGTH OF 87011 FEET; THENCE N 01044'21" E, A DISTANCE OF
37.74 FEET; THENCE S 88015'3911 E, A DISTANCE OF 64.83 FEET
TO A POINT ON A CURVE, CONCAVE TO THE SOUTHWEST, AND HAVING
A RADIUS OF 117.00 FEET, AND WHOSE CENTER BEAR
S 35027'33" W; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 56016'48", AN ARC LENGTH OF 114.93 FEET
TO A POINT OF TANGENCY; THENCE S 01-44'21" W, A DISTANCE OF
285.11 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO
THE NORTHEAST, AND HAVING A RADIUS OF 73.00 FEET; THENCE
SOUT.HEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
85013'42", AN ARC LENGTH OF 108.59 FEET; THENCE
S 01 ~ 22' 2811 E, A DISTANCE OF 52: 69 FEET TO A POINT OF A
CURVE CONCAVE TO THE NORTHEAST, AND HAVING A RADIUS 125.00
FEET, WHOSE CENTER BEARS ~ 01022'28" W; THENCE NORTHWESTERLY
ALONG SAI D CURVE THROUGH A CENTRAL ANGLE OF 93 0 06' 49", AN
ARt": LENGTH OF 2 03.14 FEET TO A POINT OF TANGENCY; ,THENCE
N 01-44'21" E, A DISTANCE, OF 89.63 FEET; THENCE
N 88-15'39" W, A DISTANCE OF 57016 FEET TO THE POINT OF
BEGINNING.
CONTAINING 36505 SQUARE FEET 0
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EASEMENT AGREEMENT
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THIS EASEMENT AGREEMENT, made and entered into this 5th day
of August, 1992, by and between WALBOYN DEVELOPMENT CORP., a >,,1
Maine corporation (IIWalboynll) and the CITY OF BOYNTON BEACH,
FLORIDA, a municipal corporation (the IICityll).
:'
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R E C I TAL S
WHEREAS, Walboyn is the fee simple owner of that certain
parcel of real property (the IIWalboyn Real Propertyll) situate,
lying and being in Palm Beach County, Florida more particularly
described in Exhibit II All attached hereto and made a part hereof;
and
WHEREAS, Carriage Homes Development, Inc is the fee simple
owner of that certain parcel of real property (the "Carriage
Homes Real Propertyll) situate, lying and being in Palm Beach
County, Florida more particularly described in Exhibit "B"
attached hereto and made a part hereof, upon which Carriage Homes
Real Property is constructed certain water lines, sewer lines and
related facilities and equipment (the IICarriage Homes Water and
Sewer System"), which Carriage Homes Water and Sewer System is
served by certain water lines, sewer lines and related facilities
and equipment which are constructed over, across and under the
Walboyn Real Property (the IIWalboyn Water and Sewer System"); and
WHEREAS, Walboyn desires to grant to Carriage Homes and to
the City and Carriage Homes and the City desire to receive from
Walboyn a non-exclusive utility easement on, over and across that
portion of the Walboyn Real Property more particularly described
in Exhibit IICII attached hereto and made a part hereof within
which the Walboyn Water and Sewer System ;s constructed in order
to provide certain water lines, sewer lines and related facili-
ties and equipment to serve the Carriage Homes Water and Sewer
System (the IIEasementll).
NOW, THEREFORE, in consideration of the premises and other
valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the following grants, agreements and cove-
nants are made:
1. GRANT OF EASEMENT FROM WALBOYN TO CARRIAGE HOMES AND
THt-CTTV~----------------------------------------------
Walboyn hereby grants the Easement to Carriage Homes and its
successors and assigns and to the City as an easement appurtenant
to the Carriage Homes Real Property. The Easement shall be for
the benefit of, and restricted solely to the City and to the
owners from time to time of the Carriage Homes Real Property, but
any such owner may grant the benefit of the Easement to the
tenants of such owner(s) now or hereafter occupying any improve-
ment( s) located upon the Carri age Homes Rea 1 Property for the
duration of such tenancy. Other than the limited easement rights
granted herein, any and all rights in and to the Walboyn Real
Property are expressly reserved to Walboyn.
2. DIVISION OF CARRIAGE HOMES REAL PROPERTY. If the
Car ria g e Heime-s--Real-Proper-fy--is-1ierea-rter--a-lvla- e din tot woo r
more parts or parcels by separation of ownership, the owner(s) of
each such separate part or parcel. shall be subject to the Ease-
ment and no such subdivision of the Carriage Homes Real
Property, regardless of the number of separate parts or parcels,
shall be deemed to unlawfully increase the burden and use of the
Easement.
3. WARRANTY OF TITLE.
a. Walboyn warrants that it is the owner of the fee simple
title to the Walboyn Real Property.
b. Carriage Homes warrants that it is the owner of the fee
simple title to the Carriage Homes Real Property.
4. ATTORNEYS FEES.
In connection with any litigation arlslng out of this
Easement Agreement, the prevailing party shall be entitled to
recover reasonable attorney's fees and costs at all trial and
appellate levels.
5. ENFORCEMENT.
The easements, restrictions, benefits and obligations
hereunder shall create servitudes upon the Walboyn Real Property,
running with the land. This Easement Agreement shall create
privity of contract and/or estate with and among all grantees of
the fee simple title in and to all or any portion of the Walboyn
Real Property, their heirs, personal representatives,
administrators, successors or assigns. In the event of a breach,
or attempted or threatened breach, by any owner hereafter of any
portion of the Walboyn Real Property in any of the terms,
covenants and conditions hereof, the owner(s) of the Carriage
Homes Real Property and/or the City shall be entitled forthwith
to full and adequate relief by injunction and/or all such other
available legal and equitable remedies from the consequences of
such breach.
6. GOVERNING LAW.
This Easement Agreement shall be construed, interpreted and
enforced in accordance with the laws of the State of Florida.
7. MAINTENANCE OF THE EASEMENT. The owner(s) of the
Walboyn ReaT-Property-and-the-owner\s) of the Carriage Home: Real
Property shall be jointly responsible, and shall share costs on a
50/50 basis, for construction, maintenance or repair on or to the
Easement. Either owner may initiate and perform construction,
maintenance or repair on or to the Easement and shall be entitled
to contribution from the other owner for 50% of the costs
therefor.
IN WITNESS WHEREOF, the parties hereto have executed thi s
Easement Agreement the day and year first above written.
Signed, sealed and delivered
in the presence of:
WALBOYN DEVELOPMENT CORP.,
a Maine corporation
By:
Tts-VTce-PresTdent------
2
CARRIAGE HOMES DEVELOPMENT INC.,
a Florida corporation
By: ~________________________
Its President
CITY OF BOYNTON 8EACH, FLORIDA,
a municipal corporation
By:' _________________________
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that the foregoing instrument was
acknowledged before me this _______ day of ________________,
1992, by Thomas T. McMurra in, the Vi ce Pres i dent of Wa 1 boyn
Development Corp., a Maine corporation, who did not take an oath
and who is personally known to me.
Notary-PubTTc----------------------
Name:
CommissTon-No~:--------------------
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that the foregoing instrument was
acknowledged before me this day of ,
1 992 , by And r e w Be r g e r , a s--Pres ide n t 0 f --Ca-r-r-fage--Home s
Development Inc., a Florida corporation, who did not take an oath
and who is personally known to me.
Notary-~uDTTc----------------------
Name:
CommissTon-No~:--------------------
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that the foregoing instrument was
acknowledged before me this day of ,
1992, by -------, as ----------o-r-the
City of Boynton-Beacn~--rrorlda;-a-municipal-corporafron~ who did
not take an oath and who is personally known to me.
Notary-~uDTTc----------------------
Name:
-T---------------------------
Commisslon No.:
My Commission Expires:
3
Exhibit IIAII
Walboyn Real Property
.
A portion of CONGRESS LAKES - PLAT NO.1 (P.U.D.) as recorded in
Plat Book 46, Page 124 of the Public Records of Palm Beach
County, being more particularly described as follows:
BEGINNING at the Southwest corner of said Plat of CONGRESS LAKES,
thence North 01044'2111 East a distance of 165.47 feet; thence
North 4404710811 East a distance of 45.00 feet; thence North
61018'3511 East a distance of 92.01 feet; thence North 01044'2111
East a distance of 292.00 feet. thence South 8801513911 East a
distance of 128.16 feet; thence North 67000'0011 East a distance
of 124.69 feet; thence South 01044'2111 West a distance of 298.32
feet; thence South 46044'2111 West a distance of 83.78 feet;
thence South 01044'2111 West a distance of 217.37 feet; thence
South 88057'1711 West along the Northerly Right-of-Way of the L-16
(Boynton Canal) a distance of 292.56 to the POINT OF BEGINNING.
Subject to easements, reservations and rights-of-way of record.
Said land situate, lying and being in Boynton Beach, Palm Beach
County, Florida, and contains 3.17 acres more or less.
Exhibit "B"
Carriage Homes Real Property
A parcel of land, being part of the Southeast quarter of Section
18, Township 45 South, Range 43 East, and being part of the North
half of the Northeast 1/4 Section 19, Township 45 South, Range 43
East, in Palm Beach County, Florida and being more particularly
described as follows:
Commencing at the East 1/4 corner of Section 18, thence S
89005'09" W, a distance of 50.05 feet, along part of the North
line of the Southeast 1/4 of Section 18, to a point on the West
Right-of-Way line of Congress Avenue as described in O.R.B. 1290,
Page 519, thence S 89005'0911 W, a distance of 1301.41 feet, along
part of the North line of the Southeast 1/4 of Section 18, to the
East line of a tract as described in a deed from N.R. Field to
Sunny South Estates, Inc., recorded in O.R.B. 3206, Page 1070;
thence S 01044'2111 W, a distance of 1370.28 feet, along part of
said East line, to the Point of Beginning of the parcel described
herein, said point being on the South Right-of-Way line of N.W
22nd Avenue as described in O.R.B. 1785, Page 1569, thence N
88059'56" E, a distance of 300.43 feet, along the said South
Right-of-Way line, thence S 01044121" W, a distance of 210.00
feet, leaving NW 22nd Avenue; thence S 58012144" E, a distance of
216.05 feet; thence S 31047'1611 W, a distance of 140.00 feet;
thence S 58012'44" E, a distance of 360.00 feet; thence S
01044121" W, a distance of 1014.23 feet; thence S 53030'00" E, a
distance of 49.16 feet; thence S 01044'2111 W, a distance of
130.00 feet; thence S 88015'39" E, a distance of 70.00 feet;
thence S 03044'57" E, a distance of 119.99 feet; thence S
67000'00" W, a distance of 134.18 feet; thence N 88015139" W, a
distance of 128.16 feet; thence S 0104412111 W, a distance of
292.00 feet; thence S 6101813511 W, a distance of 92.01 feet;
thence S 44047'08" W, a distance of 45.00 feet; thence S
01044'21" W, a distance of 165.47 feet, to a point on the North
Right-of-Way line of the Boynton Canal, as shown in Plat Book 7,
Page 19; thence S 88053'57" W, a distance of 382.60 feet, along
part of said North Right-of-Way line, to a point on the West Line
of Lot 14, a Subdivision of Section 19 as recorded in Plat Book
7, Page 19; thence S 00009'04" W, a distance of 9.19 feet, along
part of said West line, to a point on the North Right-of-Way line
of the Boynton Canal, said point being 70.00 feet North of the
South line of the North 1/2 of the Northeast 1/4 of Section 19;
thence S 88051'40" W, a distance of 108.66 feet, along the said
North Right-of-Way line, to a point on the East line of the land
described in O.R.B. 3206, Page 1070; thence N 0104412111 E, a
distance of 1253.52 feet, along part of said East line, to a
point on the common line between Sections 18 and 19; thence N
01044'21" E, a distance of 1270.16 feet, along part aT the
aforesaid East line, to the Point of Beginning.
EXHIBIT "e"
A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19, RUN
S 88-56'29" W, ALONG THE NORTH LINE OF SAID SECTION, A
DISTANCE OF 60.07 FEET TO A POINT ON THE WEST RIGHT~OF-WAY
LINE OF CONGRESS AVENUE (120' R.0.W.)1 THENCE S 00.12'55" E,
ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1242.86
FEET TO A' POINT OF INTERSECTION OF SAID RIGHT-OF-WAY LINE
AND THE NORTH RIGHT-OF-WAY LINE OF THE BOYNTON CANAL
(L.W.D.D. C-16) (P.B. 7 PG. 19); THENCE S 88055'08" W, ALONG
SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 843.04 FEET;
THENCE LEAVING SAID NORTH LINE, N 01044'21" E, A DISTANCE OF
165.47 FEET; THENCE N 44047'08" E, A DISTANCE OF 45.00 FEET;
THENCE N 61018'35" E, A DISTANCE OF 89.37 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE N' 61018'35" E, A
DISTANCE OF 2064 FEET; THENCE N 01044'21" E, A DISTANCE OF
,32.66 FEET1 THENCE S 88015'39" E, A DISTANCE OF 52.88 FEET1
THENCE N 01044'21" E, A DISTANCE OF 162.02 FEET TO A
POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, AND
HAVING A RADIUS OF 60.00 FEET; THENCE, NORTHWESTERLY ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF 83011'15" AN ARC
LENGTH OF 87011 FEET; THENCE N 01044'21" E, A DISTANCE OF
37.74 FEET; THENCE S 88015'39" E, A DISTANCE OF 64.83 FEET
TO A POINT ON A CURVE, CONCAVE TO THE SOUTHWEST, AND HAVING
A RADIUS OF 117.00 FEET, AND WHOSE CENTER BEAR
S 35027'33" W1 THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 56-16'48", AN ARC LENGTH OF 114.93 FEET
TO A POINT OF TANGENCY1 THENCE S 01044'21" W, A DISTANCE OF
285.11 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO
THE NORTHEAST, AND HAVING A RADIUS OF 73.00 FEET1 THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
85013'42", AN ARC LENGTH OF 108.59 FEET; THENCE
SOl" 22' 28" E, A DISTANCE OF 52 ~ 69 FEET TO A POINT OF A
CURVE CONCAVE TO THE NORTHEAST, AND HAVING A RADIUS 125.00
FEET, WHOSE CENTER BEARS ,N 01022'28" W1 THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 93006' 49", AN
AR~ LENGTH OF 203014 FEET TO A POINT OF TANGENCY 1 ,THENCE
N 01044'21" E, A DISTANCE, OF 89.63 FEET1 THENCE
N 88015'39" W, A DISTANCE OF 57.16 FEET TO THE POINT OF
BEGINNING 0
CONTAINING 36505 SQUARE FEET.