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R23-078 1 RESOLUTION NO. R23-078 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA 4 DECLARING THE CITY OWNED PROPERTY LOCATED AT 2191 N. 5 SEACREST BLVD, PCN #08-43-45-16-01-027-0010, AS SURPLUS; 6 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A PURCHASE 7 AGREEMENT AND DONATION LETTER BETWEEN THE CITY OF 8 BOYNTON BEACH AND FLORIDA DEPARTMENT OF TRANSPORTATION 9 AS SALE IN LIEU OF CONDEMNATION FOR THE PROPERTY LOCATED AT 10 2191 NORTH SEACREST BOULEVARD AND TEMPORARY 11 CONSTRUCTION EASEMENT;AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, on December 21, 2022 the City received notice from Florida Department of 14 Transportation (FDOT) initiating the acquisition (Eminent Domain) process for 2191 North 15 Seacrest Boulevard (Parcel 117/704) for interchange improvements on State Road 9 (I-95) at 16 Gateway Boulevard; and 17 18 WHEREAS, according to Chapter 2, Article IV, Section 2-56 (c) of the City of Boynton 19 Beach Code of Ordinances, the City Commission can sell property, which is determined to be 20 in the best interest of the City; and 21 22 WHEREAS, before any improved or unimproved property owned by the City can be 23 sold, the City Commission must first declare the property to be surplus; and 24 25 WHEREAS, the City Commission, upon recommendation of staff, declares the City 26 owned property located at 2191 N. Seacrest Blvd, PCN #08-43-45-16-01-027-0010, as surplus; 27 and 28 WHEREAS,after an appraisal was performed and some negotiations, staff recommends 29 accepting FDOT's counter offer and donation request as sale in lieu of condemnation thereby 30 avoiding the formal eminent domain litigation, which would have ultimately allowed FDOT to 31 acquire the property by court order; and 32 33 WHEREAS,the City Commission determines that it is in the best interest of the citizens 34 and residents of the City to declare the property located at 2191 N. Seacrest Boulevard as 35 surplus and to approve and authorize the Mayor to sign a Purchase Agreement and Donation 36 Letter between the City of Boynton Beach and Florida Department of Transportation as sale in 37 lieu of condemnation for the property located at 2191 North Seacrest Boulevard and 38 Temporary Construction Easement. 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 41 BOYNTON BEACH, FLORIDA AS FOLLOWS: 42 43 Section 1. Each Whereas clause set forth above is true and correct and 44 S:\CA\RESO\Declaring 2191 N Seacrest Blvd Surplus property and Approve FDOT Agreement-Reso.docx 45 incorporated herein by this reference. 46 Section 2. The City Commission of the City of Boynton Beach declares the City 47 owned property located at 2191 N. Seacrest Blvd, PCN #08-43-45-16-01-027-0010, as surplus. 48 49 Section 3. The City Commission approves and authorizes the Mayor to sign a 50 Purchase Agreement and Donation Letter between the City of Boynton Beach and Florida 51 Department of Transportation as sale in lieu of condemnation for the property located at 2191 52 North Seacrest Boulevard and Temporary Construction Easement, copies of which are attached 53 hereto and incorporated herein by reference as Composite Exhibit "A". 54 55 Section 4. This Resolution shall become effective immediately upon passage. 56 57 PASSED AND ADOPTED this 6th day of June, 2023. 58 59 CITY OF BOYNTON BEACH, FLORIDA 60 61 YES NO 62 / 63 Mayor-Ty Penserga ✓ 64 65 Vice Mayor-Thomas Turkin l/ 66 67 Commissioner-Angela Cruz 68 69 Commissioner-Woodrow L. Hay 70 71 Commissioner-Aimee Kelley 72 73 VOTE rj-O 74 75 A ES : 76 77 11 I.► I ! /� 78 Mayle: - esus, MPA, MC Ty Pe , 79 City CI-rMayor 80 -=okNTON 81 ;�Q? QoRAF:9 � Te•• 0 APPROVED AS T9 FO' 82 (Corporate Seal) i�:`'� A •y ��� •• I . /;7 83 U: ORP • / 84 �'� �N��RP 9 2 . , 86 ����, •••' ....... FLOR\= City Attorney S:\CA\RESO\Declaring 2191 N Seacrest Blvd Surplus property and Approve FDOT Agreement-Reso.docx STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575-030-07a PURCHASE AGREEMENT RIGHT OF WAY OGC—10/16 Page 1 of 4 ITEM SEGMENT NO.: 231932-1 DISTRICT: 4 FEDERAL PROJECT NO.: D420 038 B STATE ROAD NO.: 9 (1-95) Gateway Blvd. COUNTY: Palm Beach PARCEL NO.: 117 w/remnant (whole property) Seller: City of Boynton Beach, a Florida municipal corporation Buyer: State of Florida, Department of Transportation Buyer and Seller hereby agree that Seller shall sell and Buyer shall buy the following described property pursuant to the following terms and conditions: Description of Property: (a) Estate Being Purchased: ® Fee Simple ❑ Permanent Easement ❑ Temporary Easement ❑ Leasehold (b) Real Property Described As: Refer to attached Exhibit"A" (c) Personal Property: N/A (d) Outdoor Advertising Structure(s) Permit Number(s): N/A Buildings, Structures, Fixtures and Other Improvements Owned By Others: N/A These items are NOT included in this agreement. A separate offer is being, or has been, made for these items. INITIALS II. PURCHASE PRICE SELLER BUYER (a) Real Property C1� Land 1. $ 367,400.00 Improvements 2. $ 224,800.00 Real Estate Damages 3. $ 0.00 (Severance/Cost-to-Cure) Total Real Property *Inclusive of Land 4. $ w 592 20^ 00 £ice �r,-zw: 625,000.00 (b) Total Personal Property & Improvements 5. $ 04/0 (c) Fees and Costs Attorney Fees 6. $ 0.00 Appraiser Fees 7. $ 0:80 4,995.00 r J Fee(s) 8. $ 0.00 Total Fees and Costs 9. $ 9;49. 4,995.00 (d) Total Business Damages 10. $ 0.00 (e) Total of Other Costs 11. $ 0.00 List: Total Purchase Price (Add Lines 4, 5, 9, 10 and 11) $ 592��00 629,995.00 4-17 Total Global Settlement Amount (f) Portion of Total Purchase Price or Global Settlement $ 592,200.00 629,995.00 Amount to be paid to Seller by Buyer at Closing (g) Portion of Total Purchase Price or Global Settlement $ 0.00 Amount to be paid to Seller by Buyer upon surrender of possession or 575-030-07a RIGHT OF WAY OGC—10/16 Page 2 of 4 III. Conditions and Limitations (a) Seller is responsible for all taxes due on the property up to, but not including, the day of closing. (b) Seller is responsible for delivering marketable title to Buyer. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar in accordance with Florida Law subject only to those exceptions that are acceptable to Buyer. Seller shall be liable for any encumbrances not disclosed in the public records or arising after closing as a result of actions of the Seller. (c) Seller shall maintain the property described in Section I of this agreement until the day of closing. The property shall be maintained in the same condition existing on the date of this agreement, except for reasonable wear and tear. (d) Any occupancy of the property described in Section I of this agreement by Seller extending beyond the day of closing must be pursuant to a lease from Buyer to Seller. (e) The property described in Section I of this agreement is being acquired by Buyer for transportation purposes under threat of condemnation pursuant to Section 337.25 Florida Statutes. (f) Pursuant to Rule 14-10.004, Florida Administrative Code, Seller shall deliver completed Outdoor Advertising Permit Cancellation Form(s), Form Number 575-070-12, executed by the outdoor advertising permit holder(s) for any outdoor advertising structure(s)described in Section I of this agreement and shall surrender, or account for,the outdoor advertising permit tag(s)at closing. (g) Seller agrees that the real property described in Section I of this agreement shall be conveyed to Buyer by conveyance instrument(s)acceptable to Buyer. (h) Seller and buyer agree that this agreement represents the full and final agreement for the herein described sale and purchase and no other agreements or representations, unless incorporated into this agreement, shall be binding on the parties. (i) Other: Q) Seller and Buyer agree that a real estate closing pursuant to the terms of this agreement shall be contingent on delivery by Seller of an executed Public Disclosure Affidavit in accordance with Section 286.23, Florida Statutes. IV. Closing Date The closing will occur no later than 60 days after Final Agency Acceptance. V. Typewritten or Handwritten Provisions Any typewritten or handwritten provisions inserted into or attached to this agreement as addenda must be initialed by both Seller and Buyer. ❑ There is an addendum to this agreement. Page is made a part of this agreement. ❑ There is not an addendum to this agreement. 575-030-07a RIGHT OF WAY OGC—10/16 Page 3 of 4 VI. Seller and Buyer hereby acknowledge and agree that their signatures as Seller and Buyer below constitute their acceptance of this agreement as a binding real estate contract. It is mutually acknowledged that this Purchase Agreement is subject to Final Agency Acceptance by Buyer pursuant to Section 119.0711, Florida Statutes.A closing shall not be conducted prior to 30 days from the date this agreement is signed by Seller and Buyer to allow public review of the transaction. Final Agency Acceptance shall not be withheld by Buyer absent evidence of fraud, coercion, or undue influence involving this agreement. Final Agency Acceptance shall be evidenced by the signature of Buyer in Section VII of this agreement. Seller(s) Buyer State of Florida Department of Transportation Signat •.-" ate .' • I • 'p! BY: Type or Print Nam: Signature Date Signature Date Type or Print Name and Title Type or Print Name VII. FINAL AGENCY ACCEPTANCE The Buyer has granted Final Agency Acceptance this day of , BY: Signature Type or Print Name and Title Legal Review: Date Type or Print Name and Title 575-030-07 RIGHT OF WAY ADDITIONAL SIGNATURES OGC-12109 SELLER(S): Signature Date Signature Date Type or Print Name Type or Print Name Signature Date Signature Date Type or Print Name Type or Print Name Signature Date Signature Date Type or Print Name Type or Print Name Signature Date Signature Date Type or Print Name Type or Print Name Signature Date Signature Date Type or Print Name Type or Print Name Exhibit"A" Legal Description Real property in the City of Boynton Beach, County of Palm Beach, State of Florida, described as follows: THE EAST QUARTER OF LOT 8, SECTION 20,TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE MAP OF TOWNSHIP 45 SOUTH, AND TOWNSHIP 46 SOUTH, RANGE 43 EAST,AS RECORDED IN PLAT BOOK 1, PAGE 4, PALM BEACH COUNTY PUBLIC RECORDS. LESS RIGHT OF WAY OF STATE ROAD 804, SECTION 93640-2601 AND THAT PART OF THE EAST QUARTER OF LOT 8, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 20;THENCE NORTH 01 DEGREES 34 MINUTES 01 SECOND WEST ALONG THE EAST LINE OF SAID SECTION 20, A DISTANCE OF 40.00 FEET; THENCE SOUTH 88 DEGREES 06 MINUTES 29 SECONDS WEST, A DISTANCE OF 106.75 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED;THENCE CONTINUE SOUTH 88 DEGREES 06 MINUTES 29 SECONDS WEST, A DISTANCE OF 202.19 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST;THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF 90 DEGREES 18 MINUTES 50 SECONDS AND A RADIUS OF 20.00 FEET, A DISTANCE OF 31.53 FEET TO A POINT ON THE EAST RIGHT OF WAY UNE OF INDUSTRIAL AVENUE AS SHOWN ON BOYNTON INDUSTRIAL PARK AS RECORDED IN PLAT BOOK 25, PAGE 232, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;THENCE NORTH 01 DEGREE 34 MINUTES 41 SECONDS WEST ALONG SAID EAST RIGHT OF WAY LINE OF INDUSTRIAL AVENUE,A DISTANCE OF 45.71 FEET;THENCE NORTH 87 DEGREES 52 MINUTES 12 SECONDS EAST,A DISTANCE OF 181.08 FEET;THENCE SOUTH 33 DEGREES 25 MINUTES 50 SECONDS EAST, A DISTANCE OF 78.11 FEET TO THE POINT OF BEGINNING AFORE DESCRIBED. Book26514/Page864 Page 5 of 6 575-030-12 FD0-14'1RIGHT OF WAY . --_-_- - -- OGC-04/22 Florida Department of Transportation RON DESANTIS Office of Right of Way JARED W.PERDUE,P.E. GOVERNOR 3400 West Commercial Boulevard SECRETARY Fort Lauderdale,FL 33309-3421 Donation of Property to the Florida Department of Transportation April 10, 2023 ITEM/SEGMENT NO.: 231932-1 City of Boynton Beach, a Florida municipal MANAGING DISTRICT: 4 corporation P.O. Box 310 F.A.P. NO.: D420 038 B Boynton Beach, FL 33425 STATE ROAD NO.: 9 (1-95) @ Gateway Blvd. COUNTY: Palm Beach PARCEL NO.: 701 INTEREST CONVEYED: Temporary Easement This is to advise that the undersigned, as owner of the property or property interest referenced above and as shown on Right of Way maps for referenced project, desires to make a voluntary donation of said property or property interest to the State of Florida for the use and benefit of the Florida Department of Transportation. The undersigned hereby acknowledges that he/she has been fully advised by a Department representative of his/her right to have the referenced property or property interest appraised, to accompany the appraiser during the appraisal inspection of the property, to receive full compensation for the above referenced property, and to receive reimbursement for reasonable fees and costs incurred, if any. Having been fully informed of the above rights, I hereby waive those rights unless otherwise noted below. 77:41111111. Owner' e -eXle-of Type or Print Prope Owner's Name IDD f.• Q(' Zan -PWV-111,(1), Street Address PL- 3 1 c kaate, Zip Code \UAQ__ tDo'a3 Date ' ACOM AECOM 110 East Broward Blvd. Suite 700 Fort Lauderdale,FL 33301 www.aecom.corn April 10, 2023 City of Boynton Beach, a Florida municipal corporation P.O. Box 310 Boynton Beach, FL 33425 SUBJECT:Acquisition Purchase Offer Package Item/Segment No: 231932-1 Section: 93220-2562 Managing District: 4 F.A.P.#: D420 038 B State Road No.: 9 (1-95) @ Gateway Boulevard County: Palm Beach Parcel No: 701 Dear Property Owner, As you may be aware, the Florida Department of Transportation (Department) requires property owned by you for the necessary road improvements planned for the above-referenced project. The Department has hired a private real estate appraiser who has completed extensive market research and appraised this property to determine its market value. After a thorough review by the Department's review appraiser, I am authorized to offer you on behalf of the Department the amount listed below for Temporary Easement Parcel 701 as described herein on the documents enclosed. Parcel 701: $200 Enclosed and listed below are a pamphlet and several documents summarized as follows: 1. The Real Estate Acquisition Process Pamphlet: Explains the rights and benefits to which you are entitled under the Department's acquisition process. 2. Notice to Owner: Explains your rights and options and the process we must follow by law in acquiring property rights from you. 3. Questionnaire: Please complete this form and return it to my attention in the enclosed postage- paid envelope. 4. Right of Way Map: Graphic depiction of the referenced parcels. 5. Legal Description: Describes and delineates the area of your property being acquired by the Department. 6. Statement of Offer Letter: Summarizes the Department's offer for the referenced parcel. 7. Right of Way Purchase Agreement: After your review of the enclosed information, if you decide to accept the Department's offer, please sign, date and return the appropriate form to us. Your ,A=COM signature on the Purchase Agreement will allow us to begin the processing of check ordering, scheduling of real estate closing, etc. 8. Donation Letter: The State of Florida Department of Transportation requests that consideration be given to donating Parcels 701. 9. Request for Tax Number Identification: A form that the Internal Revenue Service and the State Comptroller require either the property owners Federal Tax Identification or Social Security number for reporting purposes. 10. Request for Appraisal: Please complete the enclosed request for appraisal form and we will present you with a copy of the Department's appraisal. 11. Representative Authorization: If you have an attorney representing you in this matter, please complete this form with your attorney and return it to us so that we can communicate directly with your attorney regarding this matter. 12. LINK TO THE CUSTOMER SURVEY: Attached is a link to our customer surveys. At the conclusion of your experience with FDOT as a result of the acquisition of your property, we would appreciate your input. ;Ittps://www.fdot.qov/rightc, ,,,dy/comments/relocation.htri nyLcomments/acquisition.html After reviewing this package, if you agree with the offer tendered herein, please execute the Purchase Agreement and request for Taxpayer Identification Number and return the documents to our office. We will make every effort to reach an amicable and mutually satisfactory agreement and look forward to working with you and your attorney in this regard. You may contact me at (954) 812-5093 to discuss any questions or concerns you may have. Respectfully, ? ,4 . J. Pa4.,m.. Christopher J. Poisson, Right of Way Agent AECOM Technical Services, Inc. Licensed Real Estate Broker Delivered by: e.,A.z.iot41.4 J. Pa: Date: 4/10/2023 Acknowledgment of Receipt by: Date: Item/Segment No:231932-1 Section:93220-2562 —RECEIPT FOR:--- Managing District:4 F.A.P.#:D420 038 B State Road No.:9 (I-95) @ Gateway Blvd — County:Palm Beach Parcel No:701 F D 617' :) _...„,,,,„,„._ .--__ . .. ACS- ll2._ .1111D_!N 1 (fl RIGHT OF WAY 41iii'''iz'-diji ' The rights explained in this pamphlet are derived from Chapter 73. Florida Statutes. The relevant portions of Chapter 73 concerning the real estate acquisition process of real property are provided for your information at . Effective: October 13,2017 The Florida Department of Transportation's (FDOT) mission is to provide a safe transportation system that ensures the mobility of people and goods, enhances economic prosperity and preserves the quality of our environment and communities. To accomplish our mission, sometimes it is necessary for us to acquire private property. Because you are the owner of property that will be needed for a transportation facility, we have prepared this pamphlet to briefly explain our acquisition process as well as your rights and options. Receipt Acknowledged: Date: Delivered by: C',8, 4ea J. Pa:.xsot. Date: 4/10/23 FORM 575-030-310 RIGHT OF WAY-10/17 Page 1 of 2 FD151 Florida Department of Transportation RON DESANTIS 3400 West Commercial Boulevard JARED W.PERDUE,P.E. GOVERNOR Fort Lauderdale,FL 33309 SECRETARY NOTICE TO OWNER April 10, 2023 ITEM/SEGMENT#: 231932-1 MANAGING DISTRICT: 4 City of Boynton Beach, a Florida municipal corporation F.A.P.#: D420 038B P.O. Box 310 STATE ROAD#: 9 (1-95) @ Gateway Blvd. Boynton Beach, FL 33425 COUNTY: Palm Beach PARCEL#: 701 Dear Property Owner(s): The Florida Department of Transportation is planning the following improvement of the above referenced transportation facility: Intersection Improvement - State Road 9/(1-95) at Gateway Blvd., Boynton Beach, Florida Our research shows you own property needed for this project. This letter, along with the enclosed pamphlet entitled Acquisition Process, explains your rights and options and the process we must follow by law in acquiring your property. The following enclosed documents identify the property that is needed: Right of Way Map and Legal Description We recognize that a proposed transportation project, particularly one which requires the acquisition of private property, will usually result in many questions and concerns. Please be assured you will have sufficient time to have your questions answered, to consider and understand your rights, options and responsibilities, and make all necessary arrangements. Throughout this process we will do our best to ensure your questions are answered, that you are treated fairly and receive all of the rights you are guaranteed by law, and that you receive a fair price for your property. Under Federal and State law, you are entitled to certain rights and protections when the State must acquire real estate from you. The following is a summary of your rights: • You may obtain copies of the Department's appraisal, right of way maps and construction plans within 15 business days upon request. • We will make a written offer to you to purchase your property and will negotiate with you, in good faith, to reach a mutually acceptable purchase price. • If we cannot agree on a purchase price, we will not file a condemnation lawsuit until at least 30 days after you receive our initial written offer. • You will receive no less than full compensation for the property acquired. Full compensation includes,the value of the real estate acquired together with damages, if any, to your remaining property. • You may be eligible for relocation assistance benefits if you are required to move or move personal possessions from the property we acquire. FORM 575-030-3L— --_ RIGHT OF WAY-10/17 Page 2 of 2 • You may receive reimbursement for reasonable attorney fees and other reasonable costs you incur for appraisal and other services associated with the Department's acquisition. Your rights and options are more fully explained in the enclosed pamphlet entitled Acquisition Process. We encourage you to read this pamphlet carefully and contact us if you have any questions. We want to negotiate with you for the purchase of your property. If you have questions about any aspect of our acquisition process or if you have information that would help us to determine a fair value for your property or help us provide service to you, please let us know. Regardless of whether we can reach agreement on the purchase of your property, we will do our best to be sensitive and responsive to your needs. If you experience any problems, please do not hesitate to contact AECOM Technical Services, Inc. Hugo Solano, AECOM Project Manager 110 East Broward Blvd., Suite 700 Fort Lauderdale, Florida 33301 (908)656-0551 Sincerely,�� f Cg"��`""''` ,��o J. Ii1 . Carlos Martinez District Right of Way Manager By: Christopher J. Poisson AECOM R/W Agent Enclosures: Sketch and Legal Description(and/or right of way map) Acquisition Process Pamphlet CC: Records Management Received by: Certified Mail Number: Date: QUESTIONNAIRE ITEM/SEGMENT NO: 231932-1 MANAGING DIST: 4 F.A.P. NO: D420 038 B STATE ROAD NO: SR 9/1-95 @ Gateway Blvd. COUNTY: Palm Beach PARCEL NO: 701 ATTENTION: Christopher Poisson Dear Property Owner: Please provide the following information and mail to this office. 1. Are you the owner of the property identified above? 2. I have sold all or part of the property to: Name: Address: Approximate Date Sold: 3. Other than my spouse, I share ownership of this property with: Name: Address: Telephone No.: 4. Please list the appropriate contact person for this property: Name and Title: Address: Telephone No.: 5. Is there an ongoing business on this site? 6. If yes, who owns the business? Name: Address: Telephone No.: 7. Additional Comments: Property Owner's Signature Printed Name and Title Date CITY OF BOYNTON BEACH ta, � SEC 16.TWA 45 . RGE.43 E S.w:t-. y af•lsat Na�•1EI•L / ....7.7<'1 CH U E SEE SHEET B sA 1 , MAT - :s <-^� bd•Y HIGH RIDGE ROAD , , __WV' : - !f wiri.p! - Am'P!E o.As 1591E - 337 °I •. •Ex'14.11 _rt ]veal .. �j' p ANTVM FARk •04•f4..1•!n •1 1 sgirll' '-•Nl. In P AT IOTNrOX BEACH, L.]l frin ISSN I(` .t ODAN)NM PARK T BOr e"BEACH,mila 4..1.0.PUT NO.I PUT Of P.C.O.CENTER ], PP.P.I. s'Uw N 9.8 11 ��EE.T P.B.60,P0.1» fl N 79 Ir CURVE DATA W814 - N 8 ft It E ,.N 0 � A+11'26'0E'(LT m a1 D.01'00'00' I! ) \1,, .V). 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Mu Ww11r: RIGHT OF WAY MAP .aotax MAYO• �• Y „w. a. SURVEYING AND MAPPING f '1C'! ems• STAT!ROAD NO.r(INTERSTATE IS) PAY1 00*04 COMFY w •p •waw• w WI. uJ.A eNwN P.P.NO.231932-1 eFnu I sow)1 of 10 VYILTWWMMIN0vos IWARHoFT«A1n NOM w nn alrm Legal Description Item/Segment No.2319321 Temporary Easement Section 93220-2562 08-17-22 Parcel No. 701 State Road 9(I-95) Palm Beach County Description A portion of Lot 40, Block 22, ROLLING GREEN RIDGE FIRST ADDITION,according to the plat thereof,as recorded in Plat Book 24,Page 223,of the Public Records of Palm Beach County, Florida, lying in Section 16, Township 45 South, Range 43 East, as shown on Sheets 4 and 8 of the Florida Department of Transportation Right of Way Map for State Road 9 (Interstate 95), Item/Segment No.2319321, Section 93220-2562, being more particularly described as follows: BEGIN at the Northeast Corner of said Lot 40,also being a point on the Westerly Existing Right of Way line of Northwest 151 Street; thence South 01°31'25"East along said Westerly Existing Right of Way line, a distance of 21.79 feet to a point on the Northerly Existing Limited Access Right of Way line of Gateway Boulevard; thence North 74°00'15" West along said Northerly Existing Limited Access Right of Way line,a distance of 5.24 feet;thence North 01°31'25"West, a distance of 20.21 feet to a point on the North line of said Lot 40; thence North 88°28'35" East along said North line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 105 square feet,more or less. A temporary easement for the purpose of tying in and harmonizing said property and the walkways,etc.to the roadway improvements,together with the right of access, ingress and egress, and along with any other incidences necessary or convenient in connection with the construction to be undertaken by the Department. This temporary easement includes any excavation on the subject property required for the purposes stated herein. This Easement is granted upon the condition thatthe slopingand/or grading upon the above land shall not extend beyond the limits outlined above, including the right to ingress and egress, occupy,possess, and control the property for the stated purposes,to stage equipment for the stated purposes,and to act as the agent for the owner for purposes of applying for any necessary permits and/or approvals to accomplish the stated purposes. This Easement shall expire upon the completion of this transportation project but not later than the last day of July 2031. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575-030-08 STATEMENT OF OFFER RIGHT OF WAY 03/17 April 10, 2023 ITEM/SEGMENT NO.: 231932-1 DISTRICT: 4 City of Boynton Beach, a Florida municipal corporation FEDERAL PROJECT NO.: D420 038 B P.O. Box 310 Boynton Beach, FL 33425 STATE ROAD NO.: 9 (I-95)(a� Gateway Blvd. COUNTY: Palm Beach PARCEL NO.: 701 Dear Property Owner, As you are probably aware, the State of Florida Department of Transportation is in the process of acquiring the needed right of way for the above referenced facility. A determination has been made that either a part or all of your property will be needed. A search of the Public Records of the County in which this property is situated has been made and it was determined that property is owned by you. The interest being acquired in your property is: Temporary Easement In addition, the following list will identify the buildings, structures, fixtures, and other improvements which are considered to be a part of the real property acquired, or personal property being acquired, if any: N/A. The following items were excluded: None You are further advised that the Department's offer of just compensation for the property required for the construction of this facility is based on the Fair Market Value of the property and that the Department's offer to you is not less than the approved appraised value of the property. The following represents a summary of the Department's offer to you and the basis therefore: Land $200.00 Improvements $ 0.00 Real Estate Damages $0.00 Total $200.00 This Statement of Offer is not a contract; if you agree to accept this offer, you will be required to sign a purchase agreement. Any additional information you may require can be obtained through the Department's Representative that contacted you. If that representative is not readily available, please contact: Hugo Solano. AECOM Project Manager at AECOM Technical Services. Inc., 110 East Broward Blvd.. Suite 700, Ft. Lauderdale. FL 33301 Sincerely, C,o: . J. P0:44,04, Carlos Martinez District Right of Way Manager By: Christopher J. Poisson AECOM Right of Way Agent 010.47,044 J. Pt.44,04.. Christopher J. Poisson 4/10/23 Delivered By Type or Print Name Date Receipt Acknowledged By Type or Print Name Date • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575-030-07a PURCHASE AGREEMENT RIGHT OF WAY OGC—10/16 Page 1 of 4 ITEM SEGMENT NO.: 231932-1 DISTRICT: 4 FEDERAL PROJECT NO.: D420 038 B STATE ROAD NO.: 9(1-95) Gateway Blvd. COUNTY: Palm Beach PARCEL NO.: 701 Seller: City of Boynton Beach, a Florida municipal corporation Buyer: State of Florida, Department of Transportation Buyer and Seller hereby agree that Seller shall sell and Buyer shall buy the following described property pursuant to the following terms and conditions: I. Description of Property: (a) Estate Being Purchased: El Fee Simple ❑ Permanent Easement ®Temporary Easement ❑ Leasehold (b) Real Property Described As: Refer to attached Exhibit"A" (c) Personal Property: N/A (d) Outdoor Advertising Structure(s) Permit Number(s): N/A Buildings, Structures, Fixtures and Other Improvements Owned By Others: N/A These items are NOT included in this agreement. A separate offer is being, or has been, made for these items. II. PURCHASE PRICE (a) Real Property Land 1. $ 200.00 Improvements 2. $ 0.00 Real Estate Damages 3. $ 0.00 (Severance/Cost-to-Cure) Total Real Property 4. $ 200.00 (b) Total Personal Property 5. $ 0.00 (c) Fees and Costs Attorney Fees 6. $ 0.00 Appraiser Fees 7. $ 0.00 Fee(s) 8. $ 0.00 Total Fees and Costs 9. $ 0.00 (d) Total Business Damages 10. $ 0.00 (e) Total of Other Costs 11. $ 0.00 List: Total Purchase Price (Add Lines 4, 5, 9, 10 and 11) $ 200.00 Total Global Settlement Amount (f) Portion of Total Purchase Price or Global Settlement $ 200.00 Amount to be paid to Seller by Buyer at Closing (g) Portion of Total Purchase Price or Global Settlement $ 0.00 Amount to be paid to Seller by Buyer upon surrender of possession or 575-030-07a RIGHT OF WAY OGC—10/16 Page 2 of 4 III. Conditions and Limitations (a) Seller is responsible for all taxes due on the property up to, but not including, the day of closing. (b) Seller is responsible for delivering marketable title to Buyer. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar in accordance with Florida Law subject only to those exceptions that are acceptable to Buyer. Seller shall be liable for any encumbrances not disclosed in the public records or arising after closing as a result of actions of the Seller. (c) Seller shall maintain the property described in Section I of this agreement until the day of closing. The property shall be maintained in the same condition existing on the date of this agreement, except for reasonable wear and tear. (d) Any occupancy of the property described in Section I of this agreement by Seller extending beyond the day of closing must be pursuant to a lease from Buyer to Seller. (e) The property described in Section I of this agreement is being acquired by Buyer for transportation purposes under threat of condemnation pursuant to Section 337.25 Florida Statutes. (f) Pursuant to Rule 14-10.004, Florida Administrative Code, Seller shall deliver completed Outdoor Advertising Permit Cancellation Form(s), Form Number 575-070-12, executed by the outdoor advertising permit holder(s) for any outdoor advertising structure(s) described in Section I of this agreement and shall surrender, or account for,the outdoor advertising permit tag(s) at closing. (g) Seller agrees that the real property described in Section I of this agreement shall be conveyed to Buyer by conveyance instrument(s)acceptable to Buyer. (h) Seller and buyer agree that this agreement represents the full and final agreement for the herein described sale and purchase and no other agreements or representations, unless incorporated into this agreement, shall be binding on the parties. (i) Other: ()) Seller and Buyer agree that a real estate closing pursuant to the terms of this agreement shall be contingent on delivery by Seller of an executed Public Disclosure Affidavit in accordance with Section 286.23, Florida Statutes. IV. Closing Date The closing will occur no later than 60 days after Final Agency Acceptance. V. Typewritten or Handwritten Provisions Any typewritten or handwritten provisions inserted into or attached to this agreement as addenda must be initialed by both Seller and Buyer. ❑ There is an addendum to this agreement. Page is made a part of this agreement. D There is not an addendum to this agreement. 575-030-07a RIGHT OF WAY OGC—10/16 Page 3 of 4 VI. Seller and Buyer hereby acknowledge and agree that their signatures as Seller and Buyer below constitute their acceptance of this agreement as a binding real estate contract. It is mutually acknowledged that this Purchase Agreement is subject to Final Agency Acceptance by Buyer pursuant to Section 119.0711, Florida Statutes.A closing shall not be conducted prior to 30 days from the date this agreement is signed by Seller and Buyer to allow public review of the transaction. Final Agency Acceptance shall not be withheld by Buyer absent evidence of fraud, coercion, or undue influence involving this agreement. Final Agency Acceptance shall be evidenced by the signature of Buyer in Section VII of this agreement. Seller(s) Buyer State of Florida Department of Transportation Signature Date BY: Type or Print Name Signature Date Signature Date Type or Print Name and Title Type or Print Name VII. FINAL AGENCY ACCEPTANCE The Buyer has granted Final Agency Acceptance this day of BY: Signature Type or Print Name and Title Legal Review: Date Type or Print Name and Title • 575-030-07 RIGHT OF WAY ADDITIONAL SIGNATURES OGC-12/09 SELLER(S): Signature Date Signature Date Type or Print Name Type or Print Name Signature Date Signature Date Type or Print Name Type or Print Name Signature Date Signature Date Type or Print Name Type or Print Name Signature Date Signature Date Type or Print Name Type or Print Name Signature Date Signature Date Type or Print Name Type or Print Name Attachment "A" Item/Segment No.2319321 Temporary Easement Section 93220-2562 08-17-22 Parcel No. 701 State Road 9(1-95) Palm Beach County Description A portion of Lot 40,Block 22, ROLLING GREEN RIDGE FIRST ADDITION,according to the plat thereof, as recorded in Plat Book 24,Page 223,of the Public Records of Palm Beach County, Florida, lying in Section 16, Township 45 South,Range 43 East, as shown on Sheets 4 and 8 of the Florida Department of Transportation Right of Way Map for State Road 9 (Interstate 95), Item/Segment No.2319321, Section 93220-2562, being more particularly described as follows: BEGIN at the Northeast Corner of said Lot 40,also being a point on the Westerly Existing Right of Way line of Northwest 1st Street; thence South 01°31'25"East along said Westerly Existing Right of Way line, a distance of 21.79 feet to a point on the Northerly Existing Limited Access Right of Way line of Gateway Boulevard; thence North 74°00'15" West along said Northerly Existing Limited Access Right of Way line,a distance of 5.24 feet;thence North 01°31'25" West, a distance of 20.21 feet to a point on the North line of said Lot 40; thence North 88°28'35"East along said North line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 105 square feet, more or less. A temporary easement for the purpose of tying in and harmonizing said property and the walkways,etc.to the roadway improvements,together with the right of access, ingress and egress, and along with any other incidences necessary or convenient in connection with the construction to be undertaken by the Department. This temporary easement includes any excavation on the subject property required for the purposes stated herein. This Easement is granted upon the condition thatthe slopingand/orgradingupon the above land shall not extend beyond the limits outlined above, including the right to ingress and egress, occupy, possess, and control the property for the stated purposes,to stage equipment for the stated purposes,and to act as the agent for the owner for purposes of applying for any necessary permits and/or approvals to accomplish the stated purposes. This Easement shall expire upon the completion of this transportation project but not later than the last day of July 2031. 5z5-nan.i9 F D OT RIGHT OF WAY OGC-04/22 Florida Department of Transportation RON DESANTIS Office of Right of Way JARED W.PERDUE,P.E. GOVERNOR 3400 West Commercial Boulevard SECRETARY Fort Lauderdale.FL 33309-3421 Donation of Property to the Florida Department of Transportation April 10, 2023 ITEM/SEGMENT NO.: 231932-1 City of Boynton Beach, a Florida municipal MANAGING DISTRICT: 4 corporation P.O. Box 310 F.A.P. NO.: D420 038 B Boynton Beach, FL 33425 STATE ROAD NO.: 9 (1-95) @ Gateway Blvd. COUNTY: Palm Beach PARCEL NO.: 701 INTEREST CONVEYED: Temporary Easement This is to advise that the undersigned, as owner of the property or property interest referenced above and as shown on Right of Way maps for referenced project, desires to make a voluntary donation of said property or property interest to the State of Florida for the use and benefit of the Florida Department of Transportation. The undersigned hereby acknowledges that he/she has been fully advised by a Department representative of his/her right to have the referenced property or property interest appraised, to accompany the appraiser during the appraisal inspection of the property, to receive full compensation for the above referenced property, and to receive reimbursement for reasonable fees and costs incurred, if any. Having been fully informed of the above rights, I hereby waive those rights unless otherwise noted below. Owner's Signature Type or Print Property Owner's Name Street Address City, State, Zip Code Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575-030-27 REQUEST FOR TAXPAYER IDENTIFICATION NUMBER RIGHT OF WAY ions City of Boynton Beach,a Florida municipal ITEM/SEGMENT NO.: 231932-1 corporation MANAGING DISTRICT: 4 P.O. Box 310 F.A.P. NO.: D420 038B Boynton Beach, FL 33425 STATE ROAD NO.: 9(1-95)@ Gateway Blvd. COUNTY: Palm Beach PARCEL NO.: 701 The Florida Department of Transportation will be acquiring, or has acquired property owned by you for a transportation project or will be processing a payment to you related to the above referenced parcel. Federal regulations require that we report this transaction to the Internal Revenue Service(IRS),therefore we must obtain your correct Taxpayer Identification Number(TIN). If you fail to furnish your correct TIN you may be subject to an IRS penalty.Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. See the attached instruction for how to enter names and TINs. If you have any questions please let us know. Name Phone Number Business Name, if different from above Phone Number Address(number,street,and apt. or suite no.) OWNERSHIP INTEREST ❑ Sole Owner City,State,and ZIP Code ❑ Part Owner with % interest ❑ Not Applicable(Vendor Only) TAXPAYER IDENTIFICATION NUMBER(TIN) For individuals, this is your social security number(SSN): -For other entities, it is your employer identification number(EIN) If you do not have a TIN, see attached instructions for How to get a TIN. Below,choose one number that accurately describes the business or the individual. El 1 -CORPORATION,PROFESSIONAL ASSOCIATION OR PROFESSIONALCORPORATION (A corporation formed under the laws of any state within the United states.) ❑2-NOT FOR PROFIT CORPORATION (Section 501(c)(3)Internal Revenue Code) ❑3-PARTNERSHIP,JOINT VENTURE,ESTATE,TRUST OR MULTIPLE MEMBER LLC El 4-INDIVIDUAL,SOLE PROPRIETOR,SELF EMPLOYED OR SINGLE MEMBER LLC ❑5-NONCORPORATE RENTAL AGENT ❑6-GOVERNMENTAL ENTITY (City,County, State or U.S.Government) ❑ 7-FOREIGN CORPORATION OR ENTITY (A foreign entity formed under the laws of a country other than the United States.) If YES is marked below,complete and attach Form W-8ECI. Is income effectively connected with business in the United States? ❑YES ❑ NO ❑8-NONRESIDENT ALIEN (An individual temporarily in the U.S.who is not a U.S.citizen or resident.) CERTIFICATION Under penalties of perjury, I certify that the number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me). Sign Here Date Title Email (optional) REQUEST FOR APPRAISAL - FEE OWNER The Florida Department of Transportation Office of Right of Way 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 SUBJECT: Request for Appraisal — Fee Owner Item/Segment#: 231932-1 State Road No.: 9/1-95 @ Gateway Blvd. County: Palm Beach Parcel No(s).: 701 Dear Mr. Poisson, I have requested and received a copy of the appraisal report upon which the offer to purchase my property is based. Name (Print) Signature Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575-030-02 REPRESENTATIVE AUTHORIZATION RIGHT OF WAY 2no State of Florida Department of Transportation ITEM/SEGMENT NO.: 231932-1 3400 W.Commercial Boulevard MANAGING DISTRICT: 4 Fort Lauderdale, FL 33309 F.A.P. NO.: D420 038 B STATE ROAD NO.: 9(1-95) A Gateway Blvd. COUNTY: Palm Beach PARCEL NO.: 701 Attention: Carlos Martinez, District Right of Way Manager Dear FDOT Right of Way Manager: This is to advise you that I hereby authorize of who was hired by me as of to(indicate extent of authorization by marking one or both boxes as applicable): (date) 0 Represent me in all future dealings in the above referenced project and parcel(s). El Accept service of process in my behalf concerning any legal proceedings in eminent domain which may ensue. OWNER(S)/TENANT(S): Signature Date Signature Date Printed Name Printed Name This is to advise you that I am authorized to represent City of Boynton Beach,a Florida municipal corporation of in the capacity(ies)set forth above. ICD am al am not a member of the Florida Bar. 0 I will accept service of process. NOTE:This document must be notarized if the agent is not a member of the Florida Bar but is authorized to accept service of process. STATE OF FLORIDA Representative Signature Date COUTY OF Representative Printed Name The foregoing instrument was acknowledged before me by means of ❑physical presence or O online notarization,this day of by as for (Name of person) (Type of authority) Representative Address (Name of party on behalf of whom instrument was executed) Phone: Signature of Notary Public—State of Florida Email: Print,Type,or Stamp Commissioned Name of Notary Public Personally Known OR Produced Identification Type of Identification Produced