R24-065 1 RESOLUTION NO. R24-065
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA
4 AFFIRMING THE PRIOR DECLARATION OF SURPLUS OF THE
5 CITY OWNED PROPERTY LOCATED AT 2191 N. SEACREST
6 BOULEVARD AND DECLARING THE PROPERTY LOCATED AT
7 NW 22ND AVE. AS SURPLUS; AUTHORIZING THE MAYOR TO
8 SIGN A REVISED PURCHASE AGREEMENT BETWEEN THE
9 CITY AND FLORIDA DEPARTMENT OF TRANSPORTATION AS
10 SALE IN LIEU OF CONDEMNATION FOR THE PROPERTIES;
11 PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER
12 PURPOSES.
13
14
15 WHEREAS, on December 21, 2022 the City received notice from Florida Department of
16 Transportation ("FDOT") initiating the acquisition (Eminent Domain) process for 2191 North
17 Seacrest Boulevard and NW 22nd Ave. (Parcel 117)for interchange improvements on State Road
18 9 (I-95) at Gateway Boulevard; and
19
20 WHEREAS, on June 6, 2023, the City Commission approved Resolution R23-078 and
21 authorized the Mayor to sign a Purchase Agreement and Donation Letter with FDOT for the
22 sale of real property located at 2191 North Seacrest Boulevard; however, the property located
23 at NW 22nd Ave. was erroneously omitted from the surplus declaration; and
24
25 WHEREAS, on January 25, 2024, City staff was notified by FDOT's acquisition
26 representative that FDOT attached an incorrect legal description and incorrect PCN to the
27 approved and executed Purchase Agreement; and
28
29 WHEREAS, according to Chapter 2, Article IV, Section 2-56 (c) of the City of Boynton
30 Beach Code of Ordinances, the City Commission can sell property, which is determined to be
31 in the best interest of the City; and
32
33 WHEREAS, before any improved or unimproved property owned by the City can be
34 sold, the City Commission must first declare the property to be surplus; and
35
36 WHEREAS, the City Commission, upon recommendation of staff, affirms the prior
37 declaration of surplus of the City owned property located at 2191 N. Seacrest Boulevard, PCN
38 08 43 45 16 01 027-0010, as surplus, and declares the City owned property located at NW
39 22nd Ave., PCN 08-43-45-16-01-027-0020 as surplus; and
40
41 WHEREAS, the City Commission determines that it is in the best interest of the citizens
42 and residents of the City to affirm the prior declaration of surplus of the City owned property
43 located at 2191 N. Seacrest Boulevard, declare the City owned property located at NW 22nd
44 Ave. as surplus, and authorize the Mayor to sign a revised Purchase Agreement between the
45 City and FDOT, as sale in lieu of condemnation for the property.
46
47 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
48 BOYNTON BEACH, FLORIDA AS FOLLOWS:
49
50 SECTION 1: Each Whereas clause set forth above is true and correct and
51 incorporated herein by this reference.
52
53 SECTION 2: The City Commission of the City of Boynton Beach affirms the prior
54 declaration of surplus of the City owned property located at 2191 N. Seacrest Boulevard, PCN
55 08 43 45 16 01 027-0010.
56
57 SECTION 3: The City Commission of the City of Boynton Beach hereby declares the
58 City owned property located at NW 22nd Ave., PCN 08-43-45-16-01-027-0020, as surplus.
59
60 SECTION 4: The City Commission hereby approves the revised Purchase Agreement
61 between Florida Department of Transportation and the City for the sale of City owned property
62 located at 2191 N. Seacrest Boulevard and NW 22nd Ave. (the "Agreement"), in form and
63 substance similar to that attached as "Exhibit A".
64
65 SECTION 4. The City Commission hereby authorizes the Mayor to execute the
66 Agreement,the Deed, a temporary construction easement, and any other documents necessary
67 to effectuate the transaction contemplated by this Agreement, subject to approval by the City
68 Attorney's Office.
69
70 SECTION 5. The Agreement shall be forwarded to Gail Mootz to obtain execution of
71 the Agreement by FDOT. Gail Mootz shall be responsible to ensure that fully-executed
72 Agreement and closing documents are returned to the City Clerk's office for retention as a
73 public record.
74
75 SECTION 6. This Resolution shall take effect as provided by law.
76
77
78
79
80
81 [signatures on following page]
82
83
84
85 PASSED AND ADOPTED this 2nd day of April 2024.
86 CITY OF BOYNTON BEACH, FLORIDA
87
88 YES NO
89 /
90 Mayor—Ty Penserga ✓
91
92 Vice Mayor-Aimee Kelley J
93
94 Commissioner-Angela Cruz ✓
95
96 Commissioner—Woodrow L. Hay ✓
97
98 Commissioner—Thomas Turkin ✓
99
100 VOTE 'Q
101
102
103 AT S :
104 ,
105 0 I" , . AV
106 Maylee 'esus, MPA, M► C Ty ' a
107 City Clerk Mayo,
108
109 ""`�.‘ APPROVED AS TO FORM:
110 (Corporate Seal) 2F g N ...
111 i 0:GORPORq TF..<\7
112 : �: SEA Ax44
•
113 i .INCORPORATED Shawna G. Lamb
114 �'y 1920 City Attorney
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575-030-07e
PURCHASE AGREEMENT RIGHT OF WAY
OGc-10116
Page 1 of 4
ITEM SEGMENT NO.: 231932-1
DISTRICT: 4
FEDERAL PROJECT NO.: D420 038 B
STATE ROAD NO.: 9(1-95)(a7 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:
I. 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 ere
1. $ 36-7-4-60.e8
Improvements 2. $ 22'4:896.99 tre-
Real Estate Damages 3. $ 0.00
(Severance/Cost-to-Cure)
Total Real Property *Inclusive of Land 4. $ 591,-200.08 625,000.00 °
(b) Total Personal Property 8 Improvements 5. $ e.Ao
(c) Fees and Costs
Attorney Fees 6. $ 0.00
Appraiser Fees 7. $ 94)0 4,995.00
Fee(s) 8. $ 0.00
Total Fees and Costs 9. $ 9:0G 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) $ 592,298.80 629995.00 4)1
Total Global Settlement Amount
(f) Portion of Total Purchase Price or Global Settlement $ 59, 80 629,995.00 _
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
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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
L i / 2vZ 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
ri�oVNTON���
f Dec53 PORgTF• ��9►�
CITY A itNt'V•c OFF! S
Approv tor, .. 110 ity v••
By: t.INCORPORATED.: 5
Shawna ,,
1 , i • 1920
• •
City a '� •••....•••''• 4.9'
575-030-07
RIGHT OF WAY
ADDITIONAL SIGNATURES OGC-"i09
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"
Item/Segment No. 2319321 Fee Simple Right of Way
Section 93220-2562
5-18-2023
Parcel No. 117 State Road 9 (I-95) Palm Beach County Description
A portion of Lots 1, 2, and 3, Block 27, 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 7 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 Southeasterly Corner of said Lot 3, also being a point on the Westerly Existing
Right of Way line of North Seacrest Boulevard; thence North 01°31'25" West along said
Westerly Existing Right of Way line of North Seacrest Boulevard and the Easterly line of said
Lot 3, a distance of 75.98 feet to a point on the Southerly Existing Right of Way line of Gateway
Boulevard; thence continue along said Southerly Existing Right of Way line of Gateway
Boulevard for the next two (2) courses: (1)North 89°50'28" West, a distance of 116.29 feet;
thence (2) South 72°44'45"West, a distance of 87.02 feet to a point on the Westerly line of said
Lot 1, also being a point on the Easterly Existing Right of Way line of N.W. 1st Street; thence
South 01°31'25" East along said Westerly line of Lot 1 and the Easterly Existing Right of Way
line of N.W. 1st Street, a distance of 55.84 feet to the Southwesterly corner of said Lot 1; thence
North 88°27'55" East along the Southerly line of said Lots 1, 2, and 3, a distance of 200.00 feet
to the POINT OF BEGINNING.
Containing 14,696 square feet more or less.
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:
I. Description of Property:
(a) Estate Being Purchased: ® Fee Simple El 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
Land 1. $ 36-T4-0006 etre
Improvements 2. $ 224;898.96 e7
Real Estate Damages 3. $ 0.00
(Severance/Cost-to-Cure)
Total Real Property *Inclusive of Land 4. $ 591,200.00 625,000.00
(b) Total Personal Property & Improvements 5. $ 8.90
(c) Fees and Costs
Attorney Fees 6. $ 0.00
Appraiser Fees 7. $ 0:80 4,995.00
Fee(s) 8. $ 0.00
Total Fees and Costs g. $ g;O 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) $ 592,208.00 629,995.00
Total Global Settlement Amount
(f) Portion of Total Purchase Price or Global Settlement $ 59,,209..O0 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:
(j) 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
110w'
5` lZ 7dl-f State of Florida Department of Transportation
Signature D to
T Puna. 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
BOYNT‘
`
V'• Sk qTF� �t'n #
I /� T • /�
1920•
iNCORPoR 'ED: s
•
•
••.......
%"1 UA • % CITY ATTORNEY'S OFFIC
NA". — Approve to form an lega
By:
Shawna G.Lamb,
City Attorney
J
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
Exhibit "A"
Item/Segment No. 2319321 Fee Simple Right of Way
Section 93220-2562
5-18-2023
Parcel No. 117 State Road 9 (I-95) Palm Beach County Description
A portion of Lots 1, 2, and 3, Block 27, 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 7 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 Southeasterly Corner of said Lot 3, also being a point on the Westerly Existing
Right of Way line of North Seacrest Boulevard; thence North 01°31'25" West along said
Westerly Existing Right of Way line of North Seacrest Boulevard and the Easterly line of said
Lot 3, a distance of 75.98 feet to a point on the Southerly Existing Right of Way line of Gateway
Boulevard; thence continue along said Southerly Existing Right of Way line of Gateway
Boulevard for the next two (2) courses: (1)North 89°50'28" West, a distance of 116.29 feet;
thence (2) South 72°44'45" West, a distance of 87.02 feet to a point on the Westerly line of said
Lot 1, also being a point on the Easterly Existing Right of Way line of N.W. 1st Street; thence
South 01°31'25" East along said Westerly line of Lot 1 and the Easterly Existing Right of Way
line of N.W. 1st Street, a distance of 55.84 feet to the Southwesterly corner of said Lot 1; thence
North 88°27'55" East along the Southerly line of said Lots 1, 2, and 3, a distance of 200.00 feet
to the POINT OF BEGINNING.
Containing 14,696 square feet more or less.
CLOSING AGENDA
Item/Segment No.: 2319321 State Road No.: 9/1-95 Location of Closing:
County: Palm Beach City of Boynton Beach
Parcel No.: 117 100E Ocean Avenue
Boynton Beach, FL 33435
Buyer: State of Florida, Department of Transportation Seller: City of Boynton Beach,a Florida municipal
corporation
Closing Date: TBD Time: TBD Agent for Buyer: Christopher J. Poisson
Transaction Description: Purchase and Sale of Parcel 117 Closing Agent for Buyer: Nancy Nomikos
I. Documents to be provided by Buyer to Seller at closing: EXECUTED DELIVERED
A. Approved Purchase Agreement/Final Agency Acceptance
B. Closing Statement
X
C. Warrant dated in the amount of$629,995.00
Payable to: City of Boynton Beach
II. Documents to be provided by Seller to Buyer at closing:
A. City Deed—117.1 X
B. Resolution— 117.2
X
C. Quitclaim Deed— 117.3 X
D. Notice to Vacate
E. Hold Harmless Agreement X
F. Warrant Acknowledgement
G. Customer Survey
Acquistion-https://www.fdot.gov/rightofway/comments/acquisition.html
Relocation-https://www.fdot.gov/rightofway/comments
SELLER:
City of Boynton Beach
sin name/e' - - Date' `r'
BY:
(sign
' ' tr 5er 4 / 3:10r = BpOyl1/ IN
(print name/title ) % O TO
i� •.•GRPp%�9.;L 1�1
CITY A I RNEY'S OFFICE ^
o .
AP, �i f £ A_A I ]"� 1
cey R. ,ger. i •• NCpRPORATTE =
BUYER: Deputy City Attorney �j • 19 ED.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION �t 2p • �/
iL
1,.c�OFrA••
BY: Nancy Nomikos Date
TITLE: AECOM - Right of Way Agent
5-0
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 57 OF 1
RIGHT OF Y
WAY
CLOSING STATEMENT oGc-o3/2o
ITEM/SEGMENT NO.: 2319321
MANAGING DISTRICT: Four
F.A.P. NO.: D420 038 B
STATE ROAD NO.: 9 (1-95)
COUNTY: Palm Beach
PARCEL NO.: 117
BUYER: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
SELLER(S): City of Boynton Beach, a Florida municipal corporation
REAL PROPERTY DESCRIBED AS:
refer to Exhibit"A"
Summary of Seller's Transaction
Credits
Land $ 0.00 '
Improvements $ 0.00 '
Real Estate Damages/Cost-to-Cure $ 0.00
Personal Property $ 0.00
Business Damage $ 0.00
Attorney Fees $ 0.00
Appraiser Fees $ 4,995.00
Other: land and improvements' $ 625,000.00
Total Credits $ 629,995.00
Debits
First Mortgage Payoff $ 0.00
First Mortgage Pre-Payment Penalty $ 0.00
Second Mortgage Payoff $ 0.00
Second Mortgage Pre-Payment Penalty $ 0.00
Attorney Fees $ 0.00
Appraiser Fees $ 0.00
Ad Valorem Taxes: N/A $ 0.00
Other: N/A $ 0.00
Total Debits $ 0.00
Credits Less Debits $ 629,995.00
Amount Withheld $ 0.00
Amount Due to Seller at Closing $ 629,995.00
Warrant No.: Received By: 7'-�- ,
='��
Type or Print Na •-• A ti°11or
I of Boynton Beach
Date of Final Agency Acceptance:
Date of Closing.: Closing Agent:
Type or Print Name: Nancy Nomikos,AECOM
CITY A ORNEY'S OFFICE /
B PPrA 0 1 ,•- e't
Stacey R. •einger,
Deputy City Attorney
Exhibit "A"
Item/Segment No. 2319321 Fee Simple Right of Way
Section 93220-2562
5-18-2023
Parcel No. 117 State Road 9 (1-95) Palm Beach County Description
A portion of Lots 1, 2, and 3, Block 27, 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 7 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 Southeasterly Corner of said Lot 3, also being a point on the Westerly Existing
Right of Way line of North Seacrest Boulevard; thence North 01°31'25" West along said
Westerly Existing Right of Way line of North Seacrest Boulevard and the Easterly line of said
Lot 3, a distance of 75.98 feet to a point on the Southerly Existing Right of Way line of Gateway
Boulevard; thence continue along said Southerly Existing Right of Way line of Gateway
Boulevard for the next two (2) courses: (1)North 89°50'28"West, a distance of 116.29 feet;
thence (2) South 72°44'45"West, a distance of 87.02 feet to a point on the Westerly line of said
Lot 1, also being a point on the Easterly Existing Right of Way line of N.W. 1st Street; thence
South 01°31'25" East along said Westerly line of Lot 1 and the Easterly Existing Right of Way
line of N.W. 1st Street, a distance of 55.84 feet to the Southwesterly corner of said Lot 1; thence
North 88°27'55" East along the Southerly line of said Lots 1, 2, and 3, a distance of 200.00 feet
to the POINT OF BEGINNING.
Containing 14,696 square feet more or less.
03-BSD.05-07/18
This instrument prepared under the direction of:
Elizabeth S. Quintana, Esq. ('Q
District Four Assistant General Counsel
Legal Description prepared by:
Jeffrey D. Smith, P.S.M. (05-18-2023) Parcel No. 117.1
Document prepared by: Item/Segment No. 2319321
Alverene Arjun (06-13-2023) Section: 93220-2562
Florida Department of Transportation Managing District: 04
Right of Way Production Services S.R.No. 9//I-95@ Gateway
3400 W. Commercial Boulevard Blvd Interchange
Fort Lauderdale, Florida 33309 County: Palm Beach
CITY DEED
THIS DEED, Made this day of r% \ , 204 , by the
CITY OF BOYNTON BEACH, a Florida municP corporation, whose address is:
cor
P.O. Box 310, Boynton Beach, FL 33425, Grantor, to the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION,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 organizations).
WITNESSETH: That the Grantor, for and in consideration of the sum of$1.00 and other valuable
considerations, receipt and sufficiency being hereby acknowledged, hereby grants, bargains, sells, aliens,
remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Palm Beach
County, Florida,viz:
Parcel No. 117 Item/Segment No. 2319321
A portion of Lots 1, 2, and 3, Block 27, 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 7 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 Southeasterly Corner of said Lot 3,also being a point on the Westerly Existing Right of Way
line of North Seacrest Boulevard;thence North 01°31'25"West along said Westerly Existing Right of Way
line of North Seacrest Boulevard and the Easterly line of said Lot 3, a distance of 75.98 feet to a point on
the Southerly Existing Right of Way line of Gateway Boulevard; thence continue along said Southerly
Existing Right of Way line of Gateway Boulevard for the next two(2) courses: (1)North 89°50'28"West,
a distance of 116.29 feet; thence (2) South 72°44'45" West, a distance of 87.02 feet to a point on the
Westerly line of said Lot 1,also being a point on the Easterly Existing Right of Way line of N.W. 1st Street;
thence South 01°31'25"East along said Westerly line of Lot 1 and the Easterly Existing Right of Way line
of N.W. 1st Street, a distance of 55.84 feet to the Southwesterly corner of said Lot 1; thence
North 88°27'55" East along the Southerly line of said Lots 1, 2, and 3, a distance of 200.00 feet to the
POINT OF BEGINNING.
Containing 14,696 square feet more or less.
Page 1 of 2
TOGETHER with all tenements,hereditaments and appurtenances thereto belonging or in anywise
appertaining.
TO HAVE AND TO HOLD,the same in fee simple forever.
IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name
by its Mayor, and its seal to be hereto affixed, attested by its City Clerk,the date first above written.
ATTEST : II l CITY OF BOYNTON BEACH,
� a Florida municipal corporation
Print Name: ifl s :-e- ► , By Its Board of City Commissioners
Clerk(or Deputy C' '
�pYNTpN>%`
.G�RPOf?gT�..<•� By: •'
, a ( SEAL ,
; _"i Print Na •w
INCORPORATED i Its Mayo
APPROVED AS TO FO' ' •Ib.l 9?_0 t�
(or Vice-Mayor)
LEGAL SUFFICIENCY . 9r,,��,�,�''
(Official Seal)
By: 441)/X
City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization, this day of , 20
by , Mayor (or Vice-Mayor) on behalf of the
CITY OF BOYNTON BEACH, a Florida municipal corporation, who is personally known to me or
who has produced as identification.
(SEAL) Notary Public
Printed or stamped name of Notary Public
My Commission Expires:
Page 2 of 2
03-BSD.06-07/18
This instrument prepared under the direction of:
Elizabeth S. Quintana, Esq.
District Four Assistant General Counsel
Legal Description prepared by:
Jeffrey D. Smith, P.S.M. (05-18-2023) Parcel No. 117.2
Document prepared by: Item/Segment No. 2319321
Alverene Arjun (06-13-2023) Section: 93220-2562
Florida Department of Transportation Managing District: 04
Right of Way Production Services S.R. No. 9//I-95@ Gateway
3400 W. Commercial Boulevard Blvd Interchange
Fort Lauderdale, Florida 33309 County: Palm Beach
RESOLUTION
ON MOTION of City CommissionersAe.\0.. Cxuv , seconded by City
Commissioner £rYut, , the following Resolution was adopted:
WHEREAS, the State of Florida Department of Transportation proposes to construct or improve
State Road No. 9(I-95)@ Gateway Blvd Interchange, Item/Segment No. 2319321, Section 93220-2562,
in Palm Beach County, Florida: and
WHEREAS, it is necessary that certain lands now owned by the CITY OF BOYNTON BEACH,
a Florida municipal corporation,be acquired by the State of Florida Department of Transportation:
Parcel No. 117 Item/Segment No. 2319321
A portion of Lots 1, 2, and 3, Block 27, 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 7 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 Southeasterly Corner of said Lot 3,also being a point on the Westerly Existing Right of Way
line of North Seacrest Boulevard;thence North 01°31'25"West along said Westerly Existing Right of Way
line of North Seacrest Boulevard and the Easterly line of said Lot 3, a distance of 75.98 feet to a point on
the Southerly Existing Right of Way line of Gateway Boulevard; thence continue along said Southerly
Existing Right of Way line of Gateway Boulevard for the next two(2) courses: (1)North 89°50'28"West,
a distance of 116.29 feet; thence (2) South 72°44'45" West, a distance of 87.02 feet to a point on the
Westerly line of said Lot 1,also being a point on the Easterly Existing Right of Way line of N.W. 1st Street;
thence South 01°31'25"East along said Westerly line of Lot 1 and the Easterly Existing Right of Way line
of N.W. 1st Street, a distance of 55.84 feet to the Southwesterly corner of said Lot 1; thence
North 88°27'55" East along the Southerly line of said Lots 1, 2, and 3, a distance of 200.00 feet to the
POINT OF BEGINNING.
Containing 14,696 square feet more or less.
Page 1 of 2
WHEREAS, said property is not needed for City purposes: and
WHEREAS, the State of Florida Department of Transportation has made application to said City
to execute and deliver to the State of Florida Department of Transportation a deed,or deeds, in favor of the
State of Florida Department of Transportation, conveying all rights, title and interest that said City has in
and to said lands required for transportation purposes and said request having been duly considered.
NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of the City of
Boynton Beach, Florida, that the application of the State of Florida Department of Transportation for a
deed, or deeds, is for transportation purposes which are in the public or community interest and for public
welfare and the land needed for transportation purposes is not needed for City purposes; that a deed, or
deeds, in favor of the State of Florida Department of Transportation conveying all right, title and interest
of the City of Boynton Beach, Florida, in and to said lands should be drawn and executed by this Board of
City Commissioners. Consideration shall be$ .
BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to
the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale,
Florida 33309.
STATE OF FLORIDA
CITY OF BOYNTON BEACH
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of
City Commissioners of the City of Boynton Beach, Florida, at a meeting held on the day of
, 20 .
CITY OF BOYNTON BEACH,
a Florida municipal corporation
Print Name:
Clerk, Board of City Commissioners
City of Boynton Beach, Florida
Page 2 of 2
04-QCD.02-07/l 8
This instrument prepared under the direction of:
Elizabeth S. Quintana, Esq.
District Four Assistant General Counsel
Legal Description prepared by:
Jeffrey D. Smith, P.S.M. (05-18-2023) Parcel No. 117.3
Document prepared by: Item/Segment No. 2319321
Alverene Arjun (06-13-2023) Section: 93220-2562
Florida Department of Transportation Managing District: 04
Right of Way Production Services S.R. No. 9//I-95@ Gateway
3400 W. Commercial Boulevard Blvd Interchange
Fort Lauderdale, Florida 33309 County: Palm Beach
QUITCLAIM DEED
THIS QUITCLAIM DEED, Made this day of , 20 , by
BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION,
a Florida Non-Profit corporation,whose address is: P.O. Box 337, Boynton Beach, FL 33435, Grantor,
to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, 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 organizations.)
WITNESSETH: That the said Grantor, for and in consideration of the sum of$1.00 and other
valuable considerations, receipt and sufficiency being hereby acknowledged, does hereby remise, release
and quitclaim unto the said Grantee forever, all right,title, interest, claim and demand,which said Grantor
has in and to the hereinafter described parcel of land arising out of that certain Unrecorded Lease
Agreement, between City of Boynton Beach, Florida and approved in Resolution No. R23-026 and
Boynton Beach Faith Based Community Development Corporation, together with all other right, title,
interest, claim and demand, if any, which the said Grantor has in and to said parcel situate in the County
of Palm Beach, Florida, viz:
Parcel No. 117 Item/Segment No. 2319321
A portion of Lots 1, 2, and 3, Block 27, 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 7 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 Southeasterly Corner of said Lot 3,also being a point on the Westerly Existing Right of Way
line of North Seacrest Boulevard;thence North 01°31'25"West along said Westerly Existing Right of Way
line of North Seacrest Boulevard and the Easterly line of said Lot 3, a distance of 75.98 feet to a point on
the Southerly Existing Right of Way line of Gateway Boulevard; thence continue along said Southerly
Existing Right of Way line of Gateway Boulevard for the next two(2)courses: (1)North 89°50'28"West,
(Continue on the next page)
Page 1 of 3
a distance of 116.29 feet; thence (2) South 72°44'45" West, a distance of 87.02 feet to a point on the
Westerly line of said Lot 1,also being a point on the Easterly Existing Right of Way line of N.W. 1st Street;
thence South 01°31'25"East along said Westerly line of Lot 1 and the Easterly Existing Right of Way line
of N.W. 1st Street, a distance of 55.84 feet to the Southwesterly corner of said Lot 1; thence
North 88°27'55" East along the Southerly line of said Lots 1, 2, and 3, a distance of 200.00 feet to the
POINT OF BEGINNING.
Containing 14,696 square feet more or less.
TO HAVE AND TO HOLD the same together with the appurtenances thereunto belonging or in
anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said
Grantor, either in law or equity,to the said Grantee forever.
IN WITNESS WHEREOF, The said Grantor has caused these presents to be executed in its name,
and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and
year first above written.
BOYNTON BEACH FAITH BASED
COMMUNITY DEVELOPMENT
CORPORATION, a Florida Non-Profit
corporation
Signed,sealed and delivered in the presence
of: (Two witnesses required by Florida Law)
By:
Witness Signature: Print Name:
Title:
Print Witness Name:
(Corporate Seal)
Witness Signature:
Print Witness Name:
Page 2 of 3
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization, this day of , 20 , by
,as of BOYNTON BEACH FAITH BASED
COMMUNITY DEVELOPMENT CORPORATION, a Florida Non-Profit corporation, on behalf of
the corporation, who is personally known to me or who has produced
as identification.
(SEAL) Notary Public
Printed or stamped name of Notary Public
My Commission Expires:
Page 3 of 3
FORM 575-040-11
RIGHT OF WAY
04/03
FDDT
Florida Department of Transportation
RON DESANTIS 3400 West Commercial Boulevard JARED W.PERDUE,P.E.
GOVERNOR Fort Lauderdale,FL 33309 SECRETARY
, 2024
ITEM/SEGMENT#: 2319321
MANAGING DISTRICT: 4
City of Boynton Beach, F.A.P.#: D420 038 B
a municiipal corporation STATE ROAD#: 9/1-95
100 E. Ocean Avenue COUNTY: Palm Beach
Boynton Beach, FL 33435 PARCEL#: 117.0010
30-DAY NOTICE TO VACATE
Dear Property Owner(s):
By previous notice you have been advised that the Department would provide you with a written thirty (30)day
notice of the specific date by which you must vacate and surrender possession of the subject property.
This is to advise that you will be required to vacate and surrender possession of the above referenced property
on , 2024 or 30 days from receipt of this notice,whichever is later.
Thank you for your continued cooperation.
Yours very truly,
£' i ✓. per
Carlos Martinez
District Right of Way Manager
By: Christopher J. Poisson,
AECOM Acquisition Agent
Via FEDEX #
To:Receipt Acknowledged:
Addressee Date
(1)Original to Property Owner/Tenant
(2) Copy to District Office Official Record File
www.fdot.gov
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
HOLD HARMLESS
Item/Segment No: 2319321
State Road No.: 9/(1-95)
County: Palm Beach
Parcel No.: 117
Property owner(s) warrant(s) and agree(s) that the sum stated in the State of Florida Warrant No.
constitutes full and complete payment of all sums due for the purchase of Parcel 117,
Item/Segment No. 2319321, including all attorney fees and costs and other expert costs of any nature,
if any, exclusive of relocation benefits. Property owner(s) further agree(s) to indemnify and hold the
Florida Department of Transportation harmless for any additional costs and attorney fees.
WITNESSES: SELLER(S):
,11 — - LI" �
1-11na
Sign.tur- Date Si �, .....— ate
g
OF Bo ylU �
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1VA- '9><<%
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• • •
1"1 PtnStc 5 N4yr; �Print na�
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Print name
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—/a-'99272) 411P1 ��e � Q
Signature Dat Signature Date
Tammy L. Stanzione
Print name Print name
CITY A 11.j N Y'S OFFICE
ey R.We' •er,
Deputy City A orney
WARRANT ACKNOWLEDGMENT
DATE: , 2024
RE: FM # : 2319321
FAP : D420 038 B
COUNTY : Palm Beach
County Road : 9 (I-95 @ Gateway Blvd.)
PARCEL : 117
PAYEE: City of Boynton Beach, a Florida municipal corporation
I hereby acknowledge receipt of State Warrant Number in the amount of
$629,995.00 representing payment in connection with the sale of Parcel 117 to the State of Florida
Department of Transportation.
SIGNED:
ADDRESS:
DATE:
Delivered by:
Nancy Nomikos, AECOM closing agent Date
civ o .
MEMO
,
O4,
ON e�
Office of the City Clerk
To: Gail Mootz, Manager, Real Estate and Special Projects
From: Tammy Stanzione, CMC, Deputy City Clerk k
Date: April 17, 2024
RE: City Commission Documents
Attached please find a copy of Resolution No. R24-065 that was approved at
the City Commission Meeting of April 2, 2024, along with the original
Agreements between the City of Boynton Beach and the State of Florida
Department of Transportation.
Please refer to Section 5 of the Resolution for direction regarding the handling
of this document.
If you have any questions or concerns, please do not hesitate to contact me at
6062.
Thank you for your assistance.