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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 ~ ~