R99-153 RESOLUTION R 99 -/,.~,..¢
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A SUBORDINATION OF
ENCUMBRANCE TO PROPERTY RIGHTS
AGREEMENT TO PALM BEACH COUNTY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Palm Beach County is in the process of acquiring
right-of-way for the construction of a project known as Lawrence Road,
Project No. 95511; and
WHEREAS, public records reflect that there is an encumbrance
against the property in favor of the City of Boynton Beach; and
WHEREAS, the City Commission of the City of Boynton Beach,
upon recommendation of staff, deems it to be in the best interest of the
citizens and residents of the City of Boynton Beach to enter into an
Agreement with Palm Beach County for subordination of utility
interests for the project known as Lawrence Road, Project No. 95511.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
THAT:
Section 1. This Commission does hereby authorize and
direct the Mayor and City Clerk to execute a Subordination of Utility
Interests to the County of Palm Beach, Florida, for the project known
as Lawrence Road, Project No. 95511.
Section 2. That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this /~, day of November, 1999.
/Vice Mayor
Mayor Pro Te~ ~
C.~;'nmissioner ~ /
Commissioner ~'~
ATTEST:
ACCEPTED ~y
rOject Name: Lawrence Road R 2 0 0 0 0 ~ 0 4 BOARD OF COUNTI
~rcel ;o.: 27
SUBORDINATION OF .UTILITy ~ ~ ' ' .,-~,fT~
~ TO CO~Ty OF PA~ B~CH, FLORIDA
TH .S AGREEMENT, entered into this day of ~A~
by and )etween PALM BEACH CO~Ty, ~ , 19~,
~~-B~CH (hereinafter the "Cowry,,) , an~
_ Bo~on Beach, FL 33425 whose mailing address is_P. 0. Box 310
-, (hereinafter the "Utility,,)
~E~ WITNESSETH: ·
~S, the Utility presently has an easement
has been~determined necessa~ for p~lic pu~oses; in certain property that
and,
'~ ~' WHEREAS, the proposed use of this property will re~ire S~ordination 'to the
unty o~ the interest claimed in said propert b th
the C0~ty' the Utility ha =or~ -, ~ Y e Utlllty and at th
~ s ~_ -, sun]ec~ to the followin- _.e -= ....
relocate %ts facilities from the Utititv,s ea ·
--- ~ conGltions,
~ ~n ~=lO~t "A" attached hereto a~d~f~'~ffe~afyf
~, the Cowry is willim9 :o
if necesm~to preven: conflie~ pay to have ~he U:ility,s faciti~iem relocated
~v be retained;. between the facilities so tha~ the benefits of each
NOW THEREFORE, in consideration of the mutual COvenants and promises of the
P=~ties h*~reto, the Utility and the County a~ree as follows:
1. TAe Utility hereby S~ordinates any ~d all of its interests in t~t portion
of the fcllowing easement(s) lying within the Property, to the interest of the
County, its successors or assigns, through, ~der, upon, or across, the Property:
08-15-85 GOLDEN ~GLE CORPO~TION CITY OF BOSTON. 4625 - 0096
B~CH
~ to, up
accord~
--.a date
within th
County fa:
Utility or
from wlthi:
cos~ of an]
actions, i]
3. T~
th, )urpose
bu~es and
that such
facilities.
he Utility shall have the right to construct', operate, maintain, improve,
~ade, remove and relocate facilities on, within, and upon all the Property
~ce with the County,s current minimum standards for such facilities as of
f such cgnstruction. Any ~ew construction or relocation of "facilities
Property will be subject to prior approval by ~he County. Should
1 to approve any new construction or re~ ..... ~ the
hereafter require . . . ~=clon O~ facilities by the
the Utility to alter, adjust or relocate its facilities
the ProDerty' the County hereby, a~rees to pay the Utility,s reasonable
required alteration, adjustment, or relocation, caused by ~he Coun~y,s
cludin~ the cost of acquiring necessary easements.
e Utility shall have the reasonable right to enter upon the property for
outlined in paragraph 2 above, inclUding the right to trim such trees,
rowth which might endanger or interfere with such facilities, provided
ights do not interfere with the operation and safety of the County,s
4. The Utility agrees to repair any damage to the County,s facilities and to
indemnify and hold harmless the County a~ainst any loss or damage resultin~ from the
Utility exercising its rights outlined in paragraphs 2 and 3 above.
if any,
Th~se terms and conditions shall be attached as an addendum to the permit,
required by the County for location of facilities on the Property.
$
This agreement is not assignable except to The County,s successors and assigns
c to the State of Florida for the purposes described herein.
IN NITNESS WHEREOF, the parties hereto have executed this agreement on the day
and year first above written.
.... Co,,
ATTEST:
RO __~ .~..j.' ~.. P~M B~CH CO~, FLORIDA , BY
~ rk (~.~e~91~ Its Chairman (or Vice-Chair)
Cowry Attorney
STATE OF FLORIDA
CO~ OF P~M B~CH
The foregoing instrument was acknowledged before me this 7~h day of
March 2QQ0 , ~ by Maude Ford Lee
.Commissioners, Chair, Board of County
who--/s~Dmrmmnally known to m~ or who has produced as
entification and who did not take~
;e~pp;tdvn;~;r {~A~} Exp~ Oct 19,2003
Signed, sealed and delivered in th~ ~= ..... (~'~.¢~ ~n4~ Thru
(2 witnesses required by Florida Law)
-'-~-z_wed dr prin~d name of witness
Typed or print~ name of witness
Typed or printed name of Utility
/ Its G~~~,or ~
Typed or printed name of_
Gerald Broening, Mayor
P. O. Box 310
__ Boyn~on Beach, FL 33425 ,\\\\\?~l~lll. lll///z
Mailing address ~,~.-'%OR~".. O ~
STATE OF ~LORIDA
CO~y OF. P~ BEACH T~ed or printed name of,
Suzanna M. K~se
~ Befgre ~e, the ~dersi~ned authority, 'this day personally
w~o have executed t~is document ~d ~;,,~, ~ ~ ~. ~..~ 'f appeared
of the above named Utiii~y, and
~ ~~ t~,or who have produced
!~tifica~~ take an oath. as
~ WI~ES~O~ I have here~to set
_ aay om . ~/~, A.D., 197~. ~ h~d and affixed ~ official seal this
Notary P~lic in and for the Co~ty ~d State aforesaid.
~' ~ %Commissbn ~ ~ ~7
RECOROER'SMEM0:Legibility0fdocument ~¢ ~pires Julylg,~
unsatisfacto~ when received. ~¢ BONOEDTMRU
BOOK
qOINT OF COMMENCF'MENT
,mOINT OF BEGINNING
LAKE WORTH DRAINAGE
DISTRICT
LIMITS OF
CONSTRUCTION
'/(190' RIGHT-OF-WAY) .
/ .F-----TRACT O-I:L_..J 7
T t LD?-D-D. CANAL L-20 b
(O.R.B. 1732, .PG. 612)
15' PLATTED ROAD: (P.B. 9, PG,
S89',3,5'51 7:01'
P.O.B.
STATION 163+97.4-1
LEFT .33.0'
(SEE SHEET 2 OF 3)
MATCH LINE
100 0 5O 100
GRAPHIC SCALE ( IN FEET )
,33.03'
L.5~'.D.D. CANAL L-20 _ __
(90' RIGHT-OF-WAY)
'-, P.O.C. · r~;- :,:,L
SOUTHEAST CORNER SECTION 12, "'
TOWNSHIP 45 SOUTH. RANGE 42 EAST
-SET PK NAIL AND TIN TAB
STATION 155+8..3.85
THIS IS NOT A SURVEY
LINDgI-tL, I~INCo l-m,t&a. Rl & HFII.RTROM, INC.
'-NATURE ' -
P,A~SED $.EAL OF A FLORIDA
S FOR INFORMATIONAL
HAS S~EN MAD~ BY THIS OFF/CF.
BEARING BASE:THE EAST LINE OF THE.
SOUTHEAST QUARTER OF. SECTION 12,
TOWNSHIP 4-5 SOUTH, RANGE'42 EAST,
IS TAKEN 'TO BEAR NORTF 02'02'59"
EAST, AND ALL OTHE& BEARINOS
SHOWN ARE RELATIVE THERETO.
REVISIONS: CNTY CMNTS P.V. 2SEP98
RE'VISIONS: REV, C.H.K. 04./.30/98
PROJECT NAIF_4
'LAWRENCE ROAD RIGHT-OF-WAY
rE ~ ~'~'~*'~ PROJECT NO. 95511
:ERrIFICATE NO. LB 9~9 (PARCEL NC. 27)
~ ~NGINEERING AND PUBLIC ~0RK8 I 1 "= 100' ~ C~puted CHK ~ ~"~'/ ~ ~ ,['/ ' ~ ~
R ~AY PRODUC~0N oo~e~z o
~/lu/=o vR~cKed ~v ~q. 27 NO. 96--0165 ~ ~
STEVEN
STATION 170+51.04
LEFT ,3,3.0' --
CRAIG CROMART[E
(0 R.Bi. 7796, PAGE 756)
ORB I 1 6~4E$ pg ~¢=,6
EXHIBIT "A" PAGE 2 OF 3
./.
-~0
7.00' - -
LIMIT OF
CONSTRUCTi(
--i
BOARD OF COUNTY COMMISSIONERS
68' POSTED & VIEWED
O
PROPOSED '
BEARING BASE)
MATCH LINE
(SEE SHEET 1 OF 3)
LIN[:NA:-tL, BRO?~INg, FERRARI & HNI~TROM, INC.
CONSULTING ENGINEERS, SURVEYORS ~NO ~PERS
100 0 - 50 t00
GRAPHIC S. CALE ('IN FEET )
THIS IS NOT A' SURVE~
REVISIONS:
PRO~ EOT NAME:
LAWRENCE ROAD RiGHT-OF-WAY
PROJECT NO. 95511.
(PARCEL NO. 27)
O~A~ O~C~0~ PARCEL Work Order
Checked PV NO. 27 No. 96--0165
Ol~ I 1 ~,~E~,,I~, PB
DOROTHy H. NIL~EN~ CLER~ p~ COUNTY~ FL
EXI-IIBIT "A" PAGE 3 OF'3
DESCRIPTION: PARCEL 27
A. ,mARCEL OF LAND FOR ROAD RIGHT-OF-WAY PURPOSES, LYING IN SECTION 12,
TOWNSHIP 4.5 SOUTH, RANGE 4.2 EAST, PALM BEACH COUNTY, FLORIDA: BEING'
MORE PARTICULARLY'DESCRiBED AS FOLLOWS: '
COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 12; THENCE NORTH
02'02'59'.' EAST, ALONG THE EAST LINE OF SAID' SECTION t2, A DISTANCE OF
15.31 FEET; THENCE SOUTH 89'33'31" WEST, ' DEPARTING SAID EAST LINE OF
SEOTION 12, A DISTANCE OF 33.0.3 FEET TO A POINT ON THE WEST RIGHT-OF--WAY
LINE OF LAWRENCE' ROAD, BEING THE POINT OF BEGINNING.
THENCE SOUTH 89'53'51" WEST, A DISTANCE OF 7.01 FEET; THENCE NORTF
02'02'59' EAST, ALONG A LINE PARALLEL WITH AND 7.00 WEST OF SAID WEST
RIGHT-OF-WAY LINE OF LAWRENCE ROAD, A D!STANCE OF 655.71 FEET; THENCE
SOUTH 89"59'04." WEST, A' DISTANCE OF 7.00 FEET TO A POINT ON THE SAID
WEST RIGHT-OF-WAY LINE OF LAWRENCE ROAD; THENCE SOUTH 02'02'59"
WEST ALONG SAID WEST RIGHT-OF-:WAY LINE, A DISTANCE OF 65.3.66 FEET TO
THE! POINT OF BEGINNING.
CONTAINING 0.11 ACIRES'OR 4.,576 SQUARE FEET,. ;CORE OR LESS.
CONSULTING ENGINE[RS, SURVEYORS AND MAPP~'R~
2400 $.E. MONTE.REA' ROA~. SUITE 300
PALq ~EACH COUNTY I Scole
ENGINEERINGAND PUBLIC WORKS NA
ROADVA¥ pRODUCTION
= ,=,,,. ° t2/lO/98
THIS IS NOT A SURVEY
REVISION'"~-_: _ - --
PROJECT NAME:- ~
LAWRENCE ROAD RIGHT-OF-WAY
PROJECT NO. 95511
(PARCEL NO.' ;$7)
Computed .CHK '3 Of 3 · 1°7
/ PARCEL Work Order ~' ~
tOheckod PV INO- 27 NO. 96:-0165 ~ ~