R23-122 1 RESOLUTION NO. R23-122
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
3 APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN AMENDED
4 DEED OF CONSERVATION EASEMENT WITH SOUTH FLORIDA WATER
5 MANAGEMENT DISTRICT (SFWMD) AND AMENDED EASEMENT
6 AGREEMENT WITH BOYNTON WILDLIFE, LLC. TO ALLOW ACCESS,
7 EVALUATION, RESTORATION AND MAINTENANCE OF THE MANGROVE
8 WETLAND AREA LOCATED AT INTRACOASTAL PARK;AND PROVIDING
9 AN EFFECTIVE DATE.
10
11 WHEREAS, on November 1, 2022, the City Commission approved a request from
12 Boynton Wildlife, LLC for an Easement Agreement to evaluate and restore the mangrove
13 wetland conservation area in Intracoastal Park; and
14 WHEREAS,approvals of amended Easement Agreement with Boynton Wildlife LLC.and
15 the amended Deed of Conservation with SFWMD,which will allow for restoration of additional
16 areas, are required to move forward with the project; and
17 WHEREAS, this Restoration project by Boynton Wildlife, LLC will improve the
18 environmental sustainability of the conservation area in Intracoastal Park which will remain
19 open to the public for the duration of this project; and
20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
21 recommendation of staff, deems it to be in the best interests of the City residents to approve
22 and authorize the Mayor to sign an amended Deed of Conservation Easement with South
23 Florida Water Management District (SFWMD) and amended Easement Agreement with
24 Boynton Wildlife, LLC. to allow access, evaluation, restoration and maintenance of the
25 mangrove wetland area located at Intracoastal Park.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
27 BOYNTON BEACH, FLORIDA, THAT:
28 Section 1. Each Whereas clause set forth above is true and correct and
29 incorporated herein by this reference.
S:\CA\RESO\Agreements\Amended Easement Agreement With Boynton Wildlife(Mangrove Wetland)-Reso.Docx
30 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
31 approve and authorize the Mayor to sign an amended deed of conservation easement with
32 South Florida Water Management District (SFWMD) and Easement Agreement with Boynton
33 Wildlife, LLC.to allow access,evaluation, restoration and maintenance of the mangrove wetland
34 area located at Intracoastal Park. A copy of the Amended Conservation Easement and
35 Amended Easement Agreement are attached hereto and incorporated herein as Exhibits "A"
36 and "B" respectively.
37 Section 3. That this Resolution shall become effective immediately upon passage.
38 PASSED AND ADOPTED this 14th day of September, 2023.
39 CITY OF BOYNTON BEACH, FLORIDA
40
41 YES NO
42
43 Mayor-Ty Penserga
44
45 Vice Mayor-Thomas Turkin
46 /
47 Commissioner-Angela Cruz ✓
481. /
49 Commissioner-Woodrow L. Hay
50
51 Commissioner-Aimee Kelley
52
53 VOTE S
54 A" .ST:
55
J
/
56
57 Mayl:e '`Jesus, •A, MMC .vaar-�a
58 City Cler May,.
59 NT ON ``‘
j Q .•QORATf'•.q� �1
60id) A- .y � APPROV IP AS To FORM:
61 (Corporate Seal) t 5��' �c % ', ;4
0
62
63 I ;. ; David N. Tolces
64 ......•••nP
,,- Interim City Attorney
65
66
S:\CA\RESO\Agreements\Amended Easement Agreement With Boynton Wildlife(Mangrove Wetland)-Reso.Docx
Prepared by and Return To:
David N. Tolces,Esquire
City Attorney's Office
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425
AMENDED AND RESTATED
EASEMENT AGREEMENT
FOR
INTRACOASTAL PARK RESTORATION
******
(This Amended and Restated Easement is amending the Easement Agreement for
Intracoastal Park Restoration Recorded at Official Record Book 34018, Pages 88-93 of the
Public Records of Palm Beach County solely to amend the legal description contained in
Exhibit"A")
******
THIS AMENDED AND RESTATED EASEMENT AGREEMENT is made this day of
, 2023 between the City of Boynton Beach, whose mailing address is 100 East
Ocean Avenue, Boynton Beach, FL 33435 ("Grantor"), and Boynton Wildlife, LLC, a Florida
limited liability company, whose mailing address is 2805 E Oakland Park Blvd Suite 437 Fort
Lauderdale, FL 33306 (collectively referred to as "Grantee"), both being herein referred to
collectively as the"parties,"for the sole purpose of providing access,maintenance, and restoration
for the BOYNTON SUPPORTS WILDLIFE I Environmental Improvement Project ("Project").
1. Grant of Easement. In consideration of the mutual benefits to be derived from the Project,the
sufficiency of which is hereby acknowledged by the parties, the Grantor hereby grants, bargains,
and conveys to the Grantee, its subcontractors, agents and employees, a non-exclusive access,
maintenance, and restoration easement on, over, under, through and across the parcels described
in Exhibit"A,"attached hereto and incorporated herein for the purpose of designing, constructing,
and maintaining wildlife and environmental improvements to existing mangrove wetlands ("the
Easement Premises") and a non-exclusive access easement on,over, under,through and across the
parcels described in Exhibit "B," attached hereto and incorporated herein for the purpose of
accessing the lands contained in Exhibit "A." This instrument is further subject to all easements,
restrictions, covenants, conditions, limitations, and reservations of record, if any.
2. Grantee's Use. The Easement Premises may be used by Grantee, its subcontractors, agents, or
employees solely for the purpose of designing, constructing, and maintaining wildlife and
environmental improvements to existing mangrove wetlands and related neighboring existing
conservated lands associated with the Project. In the event the Grantee's use of the Easement
Premises, as defined herein, frustrates or interferes with the Grantor's conducting its business or
the public's activities, the parties will work cooperatively to identify a solution or remedy for the
Grantee's continued use in accordance with this Easement. . Any amendment to the Easement
Premises pursuant to this paragraph shall be signed by both parties, and recorded in the Official
Public Records of Palm Beach County.
3. Grantee's Obligations. Grantee shall obtain all permits and approvals required by all applicable
governmental entities. Grantee shall maintain to its existing condition or planned conditions
contemplated as part of the Project the Easement Premises and its immediate environs throughout
the term of the Project. Any damage caused by Grantee or its agents or employees to the surface
or sub-surface portion of the Easement Premises or any property of the Grantor or others located
therein shall be repaired by the Grantee in a manner satisfactory to the Grantor. Grantee shall
provide Grantor with ten(10) days prior written notification of Grantee's desire to enter onto the
Easement Premises with machinery or for the purposes of commencing construction of the Project.
In addition, the Grantee shall be obligated to pay 100% of the financial costs required for C&N
Environmental,Inc.as well as other environmental consultants and engineers necessary to evaluate
the sites and prepare plans for any required environmental improvement permits with the Army
Corps of Engineers and Florida DEP. The Grantee shall also bear 100% of the financial costs of
constructing the Project and 100%of the costs of the maintenance and monitoring requirements as
imposed by the Army Corps of Engineers and Florida DEP for a period of at least five(5)years.
4. Grantor's Obligations. Grantor shall not commit any act that would interfere with or impede
the rights granted to Grantee, its subcontractors, agents or employees under this Agreement.
5. Term. This Agreement shall be effective upon execution by both parties and shall continue
until all requirements imposed by the Army Corps of Engineers and Florida DEP have been met
and completed by the Grantee. The rights and Easement granted herein shall automatically
terminate once the requirements imposed by the Army Corps of Engineers and Florida DEP have
been met and completed by the Grantee. Either party may thereafter record a memorandum or
notice of termination.
6. Subordination of Rights. The Easement hereby granted is subject and subordinate to Grantor's
right to enter,work, and use the Easement Premises in addition to the rights of use by the public.
7. Insurance. Prior to the utilization of this Easement by the Grantee, Grantee shall maintain, at
its sole cost and expense,all necessary insurance in such form and amount as required by Grantor's
Risk Management Department which may include, but is not limited to, General Liability
Insurance, in the amount of one million dollars ($1,000,000) per occurrence, general aggregate
combined single limit for automobile liability, including premises and operation, as well as
Products Completed/Operations Aggregate, and Personal Advertising Injury; and, all other
insurance coverage reasonably required by the Grantor, including Workers' Compensation and
Employers' Liability Insurance, Umbrella/Excess Liability Insurance, and Professional Liability
when appropriate. Coverage shall not contain any endorsement(s)excluding Contractual Liability
or Cross Liability. The Grantor shall be named as an additional insured on all insurance policies.
The coverage shall contain no limitations on the scope of protection afforded the Grantor, its
officers, officials, employees or volunteers. A current valid insurance policy meeting the
requirements herein must be maintained in order for Grantee to remain in compliance, and shall
Page 2 of 8
be endorsed to state that coverage shall not be suspended, voided or canceled by either party,
reduced in coverage in limits except after thirty (30) days prior written notice by either certified
mail, return receipt requested, has been given to the Grantor.
8. Indemnification. Grantee agrees to defend, indemnify, and hold the Grantor and its officers,
employees, and agents harmless from and against any and all damages, liabilities, claims, actions,
penalties, damages, settlements,judgments, costs and expenses, including court costs, reasonable
attorney's fees, and paralegal expenses, at both the trial and appellate levels arising directly out of
Grantee's work on the Project including, without limitation, losses arising directly out of or
resulting from personal injury, death, damage to property, defects in materials or workmanship, or
a claim that the Project violates any applicable statute, ordinance, administrative order, rule or
regulation or decree of any court. The provisions of this section shall survive the completion or
termination of this Easement.
10. Authority to Execute This Agreement. Any person executing this Agreement and representing
Grantor hereby warrants and represents that he or she has received all governmental authorization
necessary to bind Grantor to the terms of this Agreement. Any person executing this Agreement
and representing Grantee hereby warrants and represents that he or she has received all
authorization necessary to bind Grantee to the terms of this Agreement.
11. Prohibited Acts by Grantee. With the sole exception of the Easement Premises, Grantee, its
agents and employees shall not enter on, over, under, through, or across any other portion of
Grantor's property. Grantee shall promptly and at Grantee's expense repair or replace any
unauthorized portion of Grantor's property damaged or destroyed and/or impairment thereto
caused by Grantee during the course of Grantee's work. Grantee shall not plant or erect anything
which shall unreasonably interfere with Grantor's use of any portion of Grantor's property unless
permission is granted by Grantor in writing. Grantee shall promptly remove, any unauthorized
materials resulting from Grantee's work on the Easement Premises for the Project.
12. Impending Damage. Nothing herein shall prevent Grantor from reasonably protecting its
property and Easement Premises from impending damage or loss due to wind, seas, storms, or
other forces of nature in the event that Grantee is unwilling or unable to undertake such actions for
any reason including lack of funding. In the event, the National Hurricane Center issues a tropical
storm warning or watch, or a hurricane warning or watch affecting the Easement Premises, the
Grantee shall secure or remove all its property located in or on the Easement Premises.
13. Governing Law and Venue. Any action to enforce this Agreement shall be brought in Palm
Beach County, Florida. This Agreement shall be governed by the laws of the State of Florida.
14. Modification. This instrument shall not be modified or terminated except by written
agreement signed by Grantor and Grantee.
15. Binding Effect. The covenants contained in this instrument, including all benefits and
burdens, are not personal, but shall run with the land and shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, personal
representatives, transferees, successors and assigns.
Page 3 of 8
16. No Joint Venture. Nothing in this instrument shall be construed to make the parties hereto
partners or joint venturers or render them liable for the debts or obligations of the other.
17. Recordation. This instrument shall be recorded in the Public Records of Palm Beach County,
Florida. All fees associated with recording this instrument shall be borne by the Grantee.
18. Default. The terms of this Easement may be enforced by Grantor by injunctive relief and
any other available remedies. By way of example, and not limitation, Grantor shall be entitled to
enjoin any activity or use of the Easement Premises that is inconsistent with the rights granted to
the Grantee pursuant hereto. If for any reason whatsoever Grantee shall default in the performance
of any of the obligations to be performed by Grantee pursuant to this Agreement, Grantor shall
give Grantee written notice of such default. The written notice shall specify the alleged default in
reasonable detail necessary for Grantee to cure said default. Grantee shall then within fourteen
(14) days from receipt of such written notice, shall respond to Grantor with a plan to take action
to cure said default and shall subsequently cure said default within a reasonable period of time(not
less than thirty(15)days and no more than sixty(60) days) from the date Grantee receives written
notice. If Grantee shall fail to cure said default in accordance with the above, Grantor shall have
the option to either(A) enforce this agreement by injunctive relief and other available remedies or
(B)terminate this Easement upon(30) days' notice to the Grantee.
Page 4 of 8
IN WITNESS WHEREOF, Grantor and Grantee have set hereto their hand and seals on
the day and year first above set forth.
Signed, Sealed, and Delivered GRANTOR:
in the presence of: CITY OF BOYNTON BEACH,A
FLORIDA MUNICIPAL CORPORATION
•
Witness TyP,
Tammy L. Stanzione
me—Typed or Printed
1 \ ♦ .
Witn,s.
JENNIFER HANKINS
Name—Typed or Printed
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
Office of the City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me by means of r4iysical presence or o
online notarization, this Jt day of,RrbGr2023 by Ty Penserga, as Mayor on behalf of the
City of Boynton Beach, a Florida municipal corporation, and who is personally known to me
or who produced as identification.
Witness my hand and official seal this !Lel day • ' ��9• • 21
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My Commission Expires:
Notary Commission Number
Page 5 of 8
GRANTEE:
Boynton Wildlife, LLC
By:
Tricia Russel
Authorized Representative
By:
Austen Bernstein
Authorized Representative
Page 6 of 8
EXHIBIT"A"
LEGAL DESRIPTION OF EASEMENT PREMISES
The lands described within the conservation easement recorded in both PBC Book 14396 Page
1695 and as per the original unamended Intracoastal Park Restoration Easement Agreement
recorded in PBC Book 34018 Page 00085, along with an additional 0.13 acres to be added to the
previously conservation easement whose new bounds are described by the legal description as
follows:
A PORTION OF LOTS 8 AND 9, SAM BROWN JR'S HYPOLUXO SUBDIVISION IN
SECTION 15, TOWNSHIP 45 SOUTH RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1,
PAGE 81, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE QUARTER
(SW' ) OF SAID SECTION 15; THENCE PROCEED S89°39'01"E ALONG THE NORTH
LINE OF THE SOUTHWEST ONE QUARTER('/a) OF SAID SECTION 15,A DISTANCE OF
930.15 FEET TO THE EAST RIGHT OF WAY LINE OF STATE ROAD 5 (FEDERAL
HIGHWAY)AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF
WAY MAP, SECTION 93010-2501,SHEET 3 OF 7,LAST DATED JANUARY 1956;THENCE
S07°46'43"W ALONG SAID EAST RIGHT OF WAY LINE, 1109.82 FEET TO THE SOUTH
LINE OF SAID LOT 9;THENCE S89°50'05"E ALONG SAID SOUTH LINE OF SAID LOT 9,
A DISTANCE OF 917.61 FEET TO A POINT; THENCE N00°09'55"E A DISTANCE OF 9.30
FEET TO THE POINT OF BEGINNING;
THENCE PROCEED S85°56'24"W A DISTANCE OF 56.94 FEET; THENCE S89°57'10"W A
DISTANCE OF 50.35 FEET; THENCE 86°58'20"W A DISTANCE OF 51.90 FEET; THENCE
N05°14'00"W A DISTANCE OF 60.92 FEET; THENCE N19°23'05"E A DISTANCE OF 53.89
FEET; THENCE N45°00'00"E A DISTANCE OF 32.94 FEET; THENCE N59°03'52"E A
DISTANCE OF 82.76 FEET;THENCE N74°41'39"E A DISTANCE OF 53.02 FEET;THENCE
SO4°57'58"W A DISTANCE OF 39.02 FEET; THENCE S12°17'36"E A DISTANCE OF 48.38
FEET; THENCE S05°26'40"W A DISTANCE OF 5.99 FEET; THENCE S70°36'55"E A
DISTANCE OF 19.96 FEET;THENCE S12°00'00"E A DISTANCE OF 33.93 FEET; THENCE
S50°00'00"W A DISTANCE OF 12.97 FEET;THENCE S05°26'40"W A DISTANCE OF 30.94
FEET; THENCE S17°17'51"W A DISTANCE OF 18.92 FEET; THENCE S86°00'00"W A
DISTANCE OF 12.54 FEET TO THE POINT OF BEGINNING.
CONTAINING 27283.15 SQUARE FEET(0.626 ACRES)
Page 7 of 8
EXHIBIT B
EASEMENT PREMISES
Lands located in Palm Beach County as identified by Parcel No. 08434515030000070 and
described as:
BROWN SAM JR SUB LTS 7 THRU 9 & TR OF SUBMRG LAND E OF LT 9 LYG BET
HIGHWATER LI & CITY OF BOYNTON BEACH BULKHEAD LI IN TRS DEEDS 22410 &
22411 (LESS SR 5 R/W)
EXCLUDING:
The lands contained within the conservation easement recorded in PBC Book 14396 Page 1695
AND
Any rights-of-way adjacent to lands described in EXHIBIT A within Boynton Beach, FL.
Page 8 of 8
Prepared by, record and return recorded document to:
South Florida Water Management District
Regulation Division - MSC 9210
3301 Gun Club Road
West Palm Beach, FL 33406
Permit: Application:
Tract:
AMENDMENT OF CONSERVATION EASEMENT
This Amendment of Deed of Conservation Easement ("Amendment of Conservation Easement")
is made this day of ,2023 by the SOUTH FLORIDA WATER MANAGEMENT
DISTRICT ("District") with its principal address being 3301 Gun Club Road, West Palm Beach,
Florida 33406, and THE CITY OF BOYNTON BEACH, ("Grantor"),with its principal address
being 100 E Ocean Ave., Boynton Beach, Florida 33435.
WITNESSETH:
WHEREAS, Grantor granted the District that certain Deed of Conservation Easement dated
January 15, 2002,and recorded in Official Record Book 14396 at Page 1690 of the Public Records
of Palm Beach County, Florida (the "Original Conservation Easement") encumbering the real
property described on Exhibit"A" (the"Original Premises");
WHEREAS, Grantor is the fee simple owner of the lands described in Exhibit "B" (Additional
Premises"). Grantor hereby grants to the District a perpetual conservation easement, as defined in
Section 704.06, Florida Statutes, over the Additional Premises;
WHEREAS, the Conservation Easement over the Additional Premises shall be subject to all the
provisions and restrictions of the Conservation Easement encumbering the Original Premises;
WHEREAS, Grantor requests that the District amend the Original Conservation Easement to
allow Department of Environmental Protection ("DEP") approved site-specific revised mangrove
planting and living shoreline creation in accordance with DEP Permit Number 50-0414705-003-
SFI; and
WHEREAS,the District agrees to the above request and the District agrees to amend the Original
Conservation Easement to include the Additional Premises.
NOW,THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged by the parties hereto,the Grantor and the District hereby agree as follows:
1. RECITALS. The above recitals are true and correct and are hereby restated in their
entirety.
2. ADDITIONAL PREMISES. The Additional Premises are hereby made a part of the
Conservation Easement as if it were encumbered when the Conservation Easement was originally
recorded in the public records, and the District agrees to accept the Additional Premises as part of
the Original Premises encumbered by the Conservation Easement.
3. Paragraph 2.c. of the Conservation Easement,regarding prohibited activities,which states
"Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or
nuisance vegetation in accordance with a District approved maintenance plan"is hereby amended
to read "Removal or destruction of trees, shrubs, or other vegetation, except for the removal of
exotic or nuisance vegetation in accordance with a District approved maintenance plan and the
approved site-specific mangrove planting and mitigation plan in accordance with Department of
Environmental Protection's Permit Number 50-0414705-003-SFI"
4. COVENANT RUNNING WITH THE LAND. Except as expressly modified herein,the
Conservation Easement shall remain in full force and effect as a covenant running with the land
with respect to the Original Premises and Additional Premises. All references in the Conservation
Easement to"Property" shall hereinafter mean and refer to the Original Premises and Additional
Premises.All other terms and conditions of the Conservation Easement, as amended, shall remain
unchanged.
[EXECUTIONS BEGIN ON FOLLOWING PAGE]
2
IN WITNESS WHEREOF, Grantor has caused this Amendment of Conservation Easement to
be executed effective as of the date and year first written above.
SIGNED, SEALED AND DELIVERED IN GRANTOR:
T PRES F:
Name411111111111".'
Name:
By: i- . Ac`
Av
ii.�iL_: . AWilT-4 fa a— OP Name:
Name: 1, - .rizinAe Title:
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me by means of[4hysical presence or [ ]
online notarization this 11-1441 day of �ce,�nc�lyp(, 2023, b J3e/She is person
known to rrie or produced as identification.
GI I "-
Print 1 a,' •• i
Notary Public, State of Florida
My Commission Expires: [NOTARIAL SEAL]
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3
IN WITNESS WHEREOF,District has caused this Amendment of Conservation Easement to be
executed effective as of the date and year first written above.
SIGNED, SEALED AND DELIVERED IN DISTRICT:
THE PRESENCE OF:
SOUTH FLORIDA WATER
MANAGEMENT DISTRICT
Name:
By:
Jesse Markle, P.E., South Florida Water
Name: Management District Bureau Chief
STATE OF FLORIDA )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me by means of[ ] physical presence or [ ]
online notarization this day of , 202_, by Jesse Markle, P.E., Bureau Chief,
Environmental Resource Bureau of the South Florida Water Management District, a government
entity created by Chapter 373, Florida Statutes, who is personally known to me.
Print Name:
Notary Public, State of Florida
My Commission Expires: [NOTARIAL SEAL]
4
JOINDER, CONSENT AND SUBORDINATION BY MORTGAGEE
The undersigned, (the"Lender"or"Mortgagee"),the holder of a mortgage
(the"Mortgage") encumbering the Additional Premises(the"Mortgaged Property") subject to the
Amendment of Conservation Easement to which this joinder is attached (the "Amendment of
Conservation Easement"), does hereby execute this joinder for the sole purpose of consenting to
the recording of the Amendment of Conservation Easement, and hereby subordinates the lien of
its Mortgage to the above Amendment of Conservation Easement and further consents to,joins in
and agrees that the undersigned and its successors and assigns shall be bound by the above
Amendment of Conservation Easement. By its execution hereof, Mortgagee does not make any
representations or warranties with respect to any matters set forth in or pertaining to the
Amendment of Conservation Easement, undertake any of the obligations or liabilities contained
therein or agree that any of the terms of the Amendment of Conservation Easement amend or
modify the loan documents secured by the Mortgaged Property.
IN WITNESS OF THE FOREGOING,the Lender has set Lender's hand and seal the day of
, 202_.
WITNESSES: [ ]
By:
Print Name: Name:
Title:
Print Name:
STATE OF )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me by means of[ ] physical presence or [ ]
online notarization this day of , 202_, by , as of
, a , on behalf of said entity. He is personally
known to me or produced as identification.
Print Name:
Notary Public, State of
My Commission Expires: [NOTARIAL SEAL]
5
EXHIBIT A
Original Conservation Easement Premises
Legal Description
LAND DESCRIPTION: CONSERVATION EASEMENT
A PORTION OF LOTS 8 AND 9, SAM BROWN JR'S HYPOLUXO SUBDIVISION IN
SECTION 15, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK I,
PAGE 81 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE QUARTER
(SW'/+)OF SAID SECTION 15; THENCE SOUTH S89°39'01"E ALONG THE NORTH LINE
OF THE SOUTHWEST ONE QUARTER(' ) OF SAID SECTION 15,A DISTANCE OF
930.15 FEET TO THE EAST RIGHT OF WAY LINE OF STATE ROAD 5 (FEDERAL
HIGHWAY)AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT
OF WAY MAP, SECTION 93010-2501, SHEET 3 OF 7, LAST DATED JANUARY 1956;
THENCE SOUTH 07°46'43"W ALONG SAID EAST RIGHT OF WAY LINE, 1109.82 FEET
TO THE SOUTH LINE OF SAID LOT 9; THENCE S89°50'05"E ALONG SAID SOUTH
LINE OF SAID LOT 9, A DISTANCE OF 917.61 FEET TO THE WESTERLY MEAN HIGH
WATER LINE OF LAKE WORTH;THENCE NORTH 00°06'15"EAST,ALONG SAID
WESTERLY MEAN HIGH WATER LINE OF LAKE WORTH, 12.12 FEET TO THE POINT
OF BEGINNING;
THENCE SOUTH 88°21'39"WEST, 67.82 FEET; THENCE NORTH 86°58'20"WEST,43.79
FEET;THENCE NORTH 74°32'53"WEST,35.45 FEET; THENCE NORTH 19°21'48"
WEST,45.53 FEET; THENCE NORTH 19°23'05"EAST, 53.77 FEET; THENCE NORTH
44°52'21"EAST, 29.36 FEET; THENCE NORTH 82°27'41"EAST, 59.75 FEET; THENCE
NORTH 00°27'07"WEST, 9.89 FEET; THENCE NORTH 18°21'04"EAST, 32.39 FEET;
THENCE NORTH 74°41'39"EAST, 53.12 FEET TO THE WESTERLY MEAN HIGH
WATER LINE OF LAKE WORTH;THENCE FOLLOWING FIVE(5)COURSES ALONG
SAID WESTERLY MEAN HIGH WATER LINE OF LAKE WORTH;
1. SOUTH 04°56'07"WEST,42.47 FEET;
2. SOUTH 02°02'04"WEST,29.10 FEET;
3. SOUTH 08°33'39"EAST, 33.95 FEET;
4. SOUTH 01°08'30"EAST,42.26 FEET;
5. SOUTH 00°05'57"EAST, 39.92 FEET TO THE POINT OF BEGINNING.
SAID LANDS LYING IN THE CITY OF BOYNTON BEACH,PALM BEACH COUNTY,
FLORIDA, CONTAINING 21,505 SQUARE FEET, 0.4937 ACRE,MORE OR LESS.
6
Exhibit B
Amended Conservation Easement
Legal Description
The lands described within the conservation easement recorded in both PBC Book 14396 Page
1695 and as per the original unamended Intracoastal Park Restoration Easement Agreement
recorded in PBC Book 34018 Page 00085, along with an additional 0.13 acres to be added to the
previously conservation easement whose new bounds are described by the legal description as
follows:
A PORTION OF LOTS 8 AND 9, SAM BROWN JR'S HYPOLUXO SUBDIVISION IN
SECTION 15, TOWNSHIP 45 SOUTH RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1,
PAGE 81, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE QUARTER
(SW'/4) OF SAID SECTION 15; THENCE PROCEED S89°39'01"E ALONG THE NORTH
LINE OF THE SOUTHWEST ONE QUARTER(I/4) OF SAID SECTION 15, A DISTANCE
OF 930.15 FEET TO THE EAST RIGHT OF WAY LINE OF STATE ROAD 5 (FEDERAL
HIGHWAY)AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT
OF WAY MAP, SECTION 93010-2501, SHEET 3 OF 7, LAST DATED JANUARY 1956;
THENCE S07°46'43"W ALONG SAID EAST RIGHT OF WAY LINE, 1109.82 FEET TO
THE SOUTH LINE OF SAID LOT 9; THENCE S89°50'05"E ALONG SAID SOUTH LINE
OF SAID LOT 9, A DISTANCE OF 917.61 FEET TO A POINT; THENCE N00°09'55"E A
DISTANCE OF 9.30 FEET TO THE POINT OF BEGINNING;
THENCE PROCEED S85°56'24"W A DISTANCE OF 56.94 FEET; THENCE S89°57'10"W A
DISTANCE OF 50.35 FEET; THENCE 86°58'20"W A DISTANCE OF 51.90 FEET; THENCE
N05°14'00"W A DISTANCE OF 60.92 FEET; THENCE N19°23'05"E A DISTANCE OF
53.89 FEET; THENCE N45°00'00"E A DISTANCE OF 32.94 FEET; THENCE N59°03'52"E
A DISTANCE OF 82.76 FEET; THENCE N74°41'39"E A DISTANCE OF 53.02 FEET;
THENCE SO4°57'58"W A DISTANCE OF 39.02 FEET; THENCE S12°17'36"E A DISTANCE
OF 48.38 FEET; THENCE S05°26'40"W A DISTANCE OF 5.99 FEET; THENCE
S70°36'55"E A DISTANCE OF 19.96 FEET; THENCE S12°00'00"E A DISTANCE OF 33.93
FEET; THENCE S50°00'00"W A DISTANCE OF 12.97 FEET; THENCE S05°26'40"W A
DISTANCE OF 30.94 FEET; THENCE S 17°17'51"W A DISTANCE OF 18.92 FEET;
THENCE S86°00'00"W A DISTANCE OF 12.54 FEET TO THE POINT OF BEGINNING.
CONTAINING 27283.15 SQUARE FEET(0.626 ACRES)
7