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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 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 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 � T 1VA- '9><<% >< ;'6,, • • • 1"1 PtnStc 5 N4yr; �Print na� L • Print name I /A/Cob ;2 192o 4-0.: y *• i —/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.