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CORRESPONDENCE J~. ~ ,::j .', ~ r MEMORANDUM 21 September 1989 TO: Raymond Rea, city Attorney THROUGH: George Hunt, Interim City Manager FROM: Carmen S. Annunziato, Planning Director RE: City of Boynton Beach - Conveyances from Boynton Nurseries and The School Board of Palm Beach County re: Ingress to Citrus Park and School Site ~" i ',- ' I have had the legal descriptions which accompanied the right-of-way deeds reviewed, and have found the descriptions to be correct. Dedication of this right-of-way is consistent with the approved master plan for Citrus Park. ... ~~- ~=<- CARMEN S. ANNU .IATO /bks :-i ;~ .;: . 1. . . '';; -~-:-~~._--_.::::::-~-==.::".:''::::'::::::::::__-:. - - -----=-------.:~--===:::::=..:.~:....~.:~ - "_.. ....-_.. -~. -"'.."'" .,......~ ...----- ~. ~ ME!1Qg~~:Q!:!M September 14, 1989 TO: Carmen Annunziato, City Planner THRU: George Hunt, Interim City Manager FROM: Raymond Rea, City Attorney City of Boynton Beach - Conveyances from Boynton Nurseries and The School Board of Palm Beach County re: ingress to Citrus Park and school site RE: Herewith I enclose a copy of a letter, with enclosures, which I received from Drennen L. Whitmire, Jr., which is self-explanatory. Would you please have the appropriate person on your staff examine the legal descriptions for their accuracy and advise me of your findings at your earliest opportunity. If you have any questions regarding the above, please do not hesitate to contact me. ~N. · Raymo d Rea, City Attorney RR/r Enc. as stated , , RECEIVEO SEP 16 1989 PLANNiNG DEPT. ~ B.BCEIVED Sip 14: lB89 ~iwa .QfPt. ~ . \ ~ 1Jl'.,~f..'."~", .. ,,'-. .>:",~...",\.~,' "'-~' . ~"i.l: -i-"II.: , - "~}'~',i~~;i~.~ :::~:w&;~~.;:~~~,]K1t~!;{o;;'j';;G., , .. '~._. ....1..0::;.:., . .... ,.,~ ~~ ' ~- 0A.V10 P. H:ICI:_ oMCK J. AlEU.O JEll"'" E. "IIlOH 0A.V10 II. ATKI~ BER_ II. IaAl<EIl. III ICEN"'ETH .. BEALL J'" OOCTTE MAIllE BEIOOEClC DONALD J. BE\InCIOMUI.LER. "". W. _IN _ ~ M. B_OENBUIlG .JNoIU II. BIlINOEU. OC~ E. BUATTI GLEN"''' ~E_ .-oN T. ClUllMOOY. JIl. BnTE ICUTCIl CONIlAP .JOHN CORBETT PAUL W. A. ClOUIlTNEU.. JIl. I.EW" 11'. CIIII_N 0. ,JOeE1"H CUIll.EY I.EE .. 0A.V10 EDWAIlO DOWNEY I.EIGM E. au_TON c. _ E1.I.EIl I.AU..... BIlEWEIl ""EEMAH IlOBEIlT M. __ DANIEL A. MANLEY KENNETH M. tv.ln STEI"HEN ... HAYI'ORO PAUL K. HINES IlICHAllO o. 1<01. T THO...... P HUNT ..IOlJCI"H IANNo. JR. KEITH J. KANOUSE MAREN O. lIAPU\N BRAD"ORO O. KAU"MAN TRENT. KlZIAH _CIlT" _Ell CIIIAlO So LEHMAN \ _~ 4 GUNSTER. YOA 'R'~.EY, CRISER & STEWART, P. A. ATTORNEYS AT LAW PHILLIPS POINT. SUITE !lOO EAST rn SOUTH Fl..AGLER ORIVE P.O. BOX 4587 WzST PALX BJIl.\.OK. FLOlU1U. SM01-4587 TELEPHONE 14071 81515-1880 oJ. K. WILLIAMSON Haa2-lae.... JOlIEPH,.. GUNSTER UBM-le7tJ1 ~ M. CIlI.CIl 'RCTIRCD/ A. OBIE STEW""" 101" COUNSCI.I "AX NU....BER "'07/ 81515-15877 AI. TON ... UOHTSEY SCOTT ... LINK MAlIK T. I.UTTICIl .lAMES A. MINIX MICHAEL V. MITIlIONE ... L.OUIS MIlN:HEK STEPHEN C. PN:)E ALAN PCU.INORA HUGH W. PCIl"'" MICHAEL 0. P\,ATNEIl ..JAMES 0. PIlEllllI.V. "R. .TEPHEN .. IlITCHEV ANOIlEW .. IlOBI"'S TRAeI H. ROI.l.INS _D N. AOSENWASSER ROBCRT T. SCOTT MICHAEL D. SIMON MICHCU.E .T....K "CII',IlEY A. STOOPS SEYMOUIl S. .USSMAN MICWAEI. So T_~ DONAL.D C. THOMPSON. II PCTER VAN ANDEL STEPHEN 0. VOGEI.SANG THOMAS O. WCI.L." CHRI&TQPHER C. WHEEUR DRCNNCN L WHITMIRE. JR. DAVID .. YOAKI.EY 0I'II'1C:ES IN' WEST PAU4 BIACM, II'I.CRIDI> IIOCA IlATON. II'LORIDo\ aTI.lAAT. II'LOR1Do\ PORT ST. LUCIE. n.oRlOA OUR "11.1: NUMBCRo 08698.1 ~ DIRECT DIAL NUMBeR, ( 407) 650- 0583 September 11, 1989 VIA FEDERAL EXPRESS ]~..r :C~. ~. -. .,. .' -. :;) Raymond Rea, Esq. City Attorney City of Boynton Beach, Florida 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 SEP ! 2 198~ (' I ...... , . ..._.... ,....' . \... ~ J f .. \, : I ". ... ;j>. ./ .. .'~.... ;.. ~ - - Re: City of Boynton Beach - Conveyances from Boynton Nurseries and The School Board of Palm Beach County regarding ingress to Citrus Park and School site Dear Mr. Rea: Please find enclosed forms of deeds from Boynton Nurseries and from The School Board of palm Beach County'both in favor of the City of Boynton Beach, Florida conveying to the City land necessary to accomplish a common ingress to Citrus Park and the new school site on Lawrence Road. These forms are submitted to you for your review as to their legal sufficiency. please give me a call with regard to any questions that you have concerning them. Upon your approval, same will be executed and delivered to the City. Thank you for your assistance in this regard. Sincerely, J\ 4"')/~ y.... \ ~~ /---, /~ ~ '-'--'_J_.~ ,/'17;r<:----f: ......A..,......... Dre nnen L~~ Whi tmi re, Jr. . DLW/lmk 0060/lmk Enclosures as stated CC: Mr. James D. sturrock, Jr. Robert A. Rosillo, Esq. lOC' )C<. ",", 6,48,1107 r 083089 Ingress Parcel WARRANTY DEED THIS WA~~TY DEED made and executed the ____ day of , 1989, by THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA hereinafter called the Grantor, to: CITY OF BOYNTON BEACH, FLORIDA, whose post office address is Boynton Beach, Florida 33435 hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) i , WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations, receipt and sufficiency whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land situate in Palm Beach County, Florida, to wit: SEE EXH I BIT "A II ATTACHED HERETO .~m BY TH I S REFERENCE INCORPORATED HEREIN. Subject to taxes for the year 1989 and subsequent years; all easements, restrictions, reservations, dedications, limitations and rights-of-way of record; restrictions, limitations and conditions imposed by governmental authority, all applicable environmental and land-use regulations; and all matters which would be disclosed by an accurate survey of the land. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF the Grantor has executed these presents on the day and year first above written. Signed, Sealed and Delivered: in the Presence of: THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA By: Attest: I -i,,_..... .:..,~~..Z,...),~-",.,::..~!;:'~~[,.;::;r-~' 'J!~'"'' .'-- ~-_.~ STATE OF FLORIDA ) )ss. COUNTY OF PALM BEACH ) I hereby certify on that on this day, before me, an of:icer duly authorized in the State and in the County aforesaid to take acknowledgements, personally appeared and . , as and , respectively, of THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, to me known to be the persons described in and who executed the foregoing instrument, and they acknowledged before me that they executed the same on behalf of THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA. My commission Expires: NOTARY PUBLIC (NOTARIAL SEAL) .~",~. ~.. <........,"'..;~. - ~ ',. ..: ':.-:--~~- ~~.'~~.~..:7"A,'.I....".I'JXCI;~.1.i.~. _.~ - _..~-._.~.,......._. ----., ,- -...w-....._.~~~-- '.. ~,; l:::' ,.:;" .::~, t ~ " 687/107 EXHIBIT "A" A parcel of land for right-of-way purposes, lying in Section 18, Township 45 South, Range 43 East, County of Palm Beach, State of Florida, and more particularly described as follows: The North 20.00 feet of the East 310.00 feet of the West 350,00 feet of the South one-half (S 1/2) of the Southwest one-quarter (SW 1/4) of the Northwest one-quarter (NW 1/4) of Section 18, Township 45 South, Range 43 East, County of Palm Beach, Florida. TOGETHER WITH a parcel of land for road right-of way purposes lying in the Northwest one-quarter (NW 1/4) of Section 18, Township 45 South, Range 43 East, County of Palm Beach, State of Florida, and being more particularly described as follows: Commencing at the West one-quarter (W 1/4) corner of said Section 18; Thence North 020 03' 27" East along the West line of the Northwest one-quarter (NW 1/4) of said Section 18 a distance of 663.95 feet to the South line of the North one-half (N 1/2) of the South one-half (S 1/2) of the Northwest one-quarter (NW 1/4) of said Section 18; thence North 870 57' 47" East along said South line a distance of 350.90 feet to the Point of Beginning; thence continuing along said South line on a bearing of North 870 57' 47" East a distance of 254.04 feet to a point on an arc of a curve concave to the Southeast (A radial line passing through said point bears North 100 59' 32" West); thence Westerly along the arc of said curve having a radius of 820.02 feet and through a central angle of 10 31' 12" a distance of 21.75 feet to a point of reverse curve, which is a curve concave to the South having a radius of 980.02 feet and central angle of 100 28' 31"; thence West along the arc of said curve a distance of 179.17 feet to a tangent line; thence South 870 57 47" West a distance of 55.85 feet to a line 350.00 feet East of (as measured at right angles) and parallel with the West line of the northwest one-quarter (NW 1/4) of said Section 18; thence North 020 03' 27" East a distance of 20.06 feet to the Point of Beginning. ,(- ,....' "'.~~1~' )\ ,.. ..~d;...h...lr-:.y_.-=~:~~~Hl;:?~.,~~;.:":~:_~~;,...~.:,~~'~,,:;~::_~,:---. -~_.~~~'~.__.__ . _.,_~~~~ 548/107 083089 Ingress Parcel Prepared by and Returned to: Drennen L. WhitmireJ Jr., Esq. Gunster, Yoakley, Criser & Stewart, P,A. Phillips Point, Suite 500 777 South Flagler Drive West Palm Beach, Florida 33402-4587 WARRPu\1TY DEED THIS WARRANTY DEED made and executed the ____ day of , 1989, by BOYNTON NURSERIES, a Florida general partnership, hereinafter called the Grantor, to: CITY OF BOi~TON BEACH, FLORIDA, whose post office address is Boynton Beach, Florida 33435 hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations, receipt and sufficiency whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land situate in Palm Beach County, Florida, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. " :: Subject to taxes for the year 1989 and subsequent years; all easements, restrictions, reservations, dedications, limitations and rights-of-way of record; restrictions, limitations and conditions imposed by governmental authority, all applicable environmental and land-use regulations; and all matters which would be disclosed by an accurate survey of the land. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. :. \ IN WITNESS WHEREOF the Grantor has executed these presents on the day and year first above written. Signed, Sealed and Delivered: in the Presence of: BOYNTON NURSERIES, a Florida general partnership By: James D, Sturrock, Jr. Managing Partner ".... . " .' I .. ~ ~ .~ .,W-J _;~~..'9n.U - 11 -~~A~''';;;:;;:::::::T~:1..:''::';-:~..'~'''''''. -'~".r.:;.:::-:_:r~!"'21'>.Y:1I:~'-'-='1''t1~~:.'to!''","_. ..~.,"'c_J'" ,,l, r'~ ii, Ii STATE OF FLORIDA ) )ss. COUNTY OF PALM BEACH ) . . The foregoing instrument was acknowledged before me : this day of , 1989, by James D. Sturrock, . Jr. ,as Managing Partner of BOYNTON NURSERIES, a Florida general partnership on behalf of the partnership. 'My Commission Expires: NOTARY PUBLIC (NOTARI.AL SEAL) , , ! '. . u;: ,,~;"~~;,,:~.;~:{~~ EXHIBIT "A" .. .f. !p.:I~ijJ.tl~ ..... - ..- . . , I I: ~ . . . ---~-- 13(j 15 HOf(Tl-l l,..IN ~ of "tie ~ YJ,. OF' iSy./Y.. or NWY", OF ~e,:no~ 19~ -jb7;~7'41'W --..... \ , I j I Co < 3 \U U "Z \l.) hi I~ I j 310.7""f' . I ~ I 'V-- 5C,HOOL 5l'Te "p II ~ - I..\..,I....~ ~ !~ l,.AW~~rc,e n. I I ,.Ul'!~eN(.e rtoAD 6 THe' w,s-r ~INe OF' IJW ~ OF. sac:not.1 ,& J IWf .0\5 S J lZ.c,e ~~~ N ~/\d w c:::::::::. ~ E PV~ s E. XHIBIT \\ L ,. DESCRIPTIONI ^ PARC~L OF LAND FOR RIGHT-OF-WAY PURPOSES, LYING IN SECTION 18, TOWNSIJIP 45 SOUTH, RANGE 43 EAST, COUNTY OF PALM B&ACU, STATE or FLORIDA, AND MORE PARTICUURLY DESCRIBED AS FOLLC\iS THE SOUTH 60.00 FEET OF THE WEST 350.00 FEET OF THE NORTH ONE-HALF CNi J O~ THE SOt:TII O!\E- HALF (sl) OF THE HORTH\iEST ONE-QUARTER (NWU OF SECTION-.1S, TOWNSHIP 4S SOUTH, RAl-:GE ':3 &AST, COUNTY OF PALM BEACH, FLORIDA. . SUBJECT TO A PUBLIC RIGHT-OF-WAY FOR LA\oIRENCE ROAD. CONTAINING 0.4S34 ACRE, MORE OR LESS. r.! , . .ft:L:t7i~;;r;t~~~,.~ :t~i~~~~f~~ ~.~.. ; h4,. ,..; ~~ -......., . ......... OJ" ~""'...D).~ - 7~- ~.o-tJ fr~_tba./VlH ~ . ~_ . .-L._ ~ - ~ ~ Jur{ t ------ .~. d~ ~ Q