R04-115
II I
1 RESOLIJTION NO. R04- uS-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, CONVEYING A DEED OF CONSERVATION
5 EASEMENT FROM THE CITY OF BOYNTON BEACH TO
6 THE SOUTH FLORIDA WATER MANAGEMENT
7 DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE.
8
9 WHEREAS, the City of Boynton Beach is the owner of certain lands situated in Palm
10 Beach County, Florida and desires to construct NE 7tli Street Stormwater Improvements at a
11 site in Palm Beach County, which is subject to the regulatory authority of the City; and
12 WHEREAS, the purpose of this Easement is to retain land or water areas in their
13 natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain
14 such areas as suitable habitat for fish, plants or wildlife; and
15 WHEREAS, the City Commission upon recommendation of staff, deems it
16 appropriate to convey a Deed of Conservation Easement to the South Florida Water
17 Management District.
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
20 Section 1. That each Whereas clause is true and correct.
21 Section 2. The City Commission of the City of Boynton Beach, Florida does
22 hereby convey a Deed of Conservation Easement to the South Florida Water Management
23 District.
24 Section 2. That this Deed of Conservation Easement will be recorded in the
25 Public Records of Palm Beach County, Florida.
26 Section 3. This Resolution shall become effective immediately upon passage.
27
28
S:\CA \RESO\Agreements\Utilities\Deed of Conservation Easement -BB to SFWMD.doc
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1 PASSED AND ADOPTED this ~ day of July, 2004.
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3 CITY OF BOYNTON BEACH, FLORIDA
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20 ATTEST: ß
21 '11J -1... - ~ .L
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23 Cit Clerk
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25 (Corporate Seal)
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:\CA \RESO\Agreements\Utilities\Deed of Conservation Easement -BB to SFWMD.doc
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:c!+ t'I CFN 2004Ø44E.Ø~.7
OR 81< 17::33'9 PG 1800 KO at -llS"
\IIDIII¡IIIIIIIIIIII\I RECORDED 08/03/2~ 08:19:21
Palm Ðe-ac}1 County, Flcœìda
Dorothy H Vilke-n. CJLe-r'k of Court
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT is given this 29th day of October,
2003, by City of Boynton Beach, Florida, 100 E. Boynton Beach Blvd., Boynton Beach,
Florida 33425 ("Grantor") to the South Florida Water Management District ("Grantee").
As used herein, the term Grantor shall include any and all heirs, successors or assigns of
the Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the
term Grantee shall include any successor or assignee of Grantee.
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated in Palm Beach
County, Florida, and more specifically described in Exhibit A attached hereto and
incorporated herein ("Property"); and
WHEREAS, the Grantor desires to construct (name of project) NE ih Street
Stormwater Improvements ("Project") at a site in Palm Beach County, which is subject to
the regulatory jurisdiction of South Florida Water Management District ("District"); and
WHEREAS, District Permit No. ("Permit") authorizes certain
activities which affect waters in or of the State of Florida; and
WHEREAS, this Permit requires that the Grantor preserve, enhance, restore
and/or mitigate wetlands and/or uplands under the District's jurisdiction; and
WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is
agreeable to granting and securing to the Grantee a perpetual conservation easement as
defined in Section 704.06, Florida Statutes (2000), over the Property.
NOW, THEREFORE, in consideration of the issuance of the Permit to construct
and operate the permitted activity, and as an inducement to Grantee in issuing the
Permit, together with other good and valuable consideration, the adequacy and receipt of
which is hereby acknowledged, Grantor hereby grants, creates, and establishes a
perpetual conservation easement for and in favor of the Grantee upon the Property which
shall run with the land and be binding upon the Grantor, and shall remain in full force and
effect forever.
Standard form - July, 2001 1 of 5 N:\6276\bs?784 Deed.doc
The scope, nature, and character of this conservation easement shall be as follows:
1. It is the purpose of this conservation easement to retain land or water areas
in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and
to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or
upland areas included in the conservation easement which are to be enhanced or created
pursuant to the Permit shall be retained and maintained in the enhanced or created
conditions required by the Permit.
To carry out this purpose, the following rights are conveyed to Grantee by this
easement:
a. To enter upon the Property at reasonable times with any necessary
equipment or vehicles to enforce the rights herein granted in a manner that will not
unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the
time of such entry; and
b. To enjoin any activity on or use of the Property that is inconsistent
with this conservation easement and to enforce the restoration of such areas or features
of the Property that may be damaged by any inconsistent activity or use.
2. Except for restoration, creation, enhancement, maintenance and monitoring
activities, or surface water management improvements, which are permitted or required
by the Permit, the following activities are prohibited in or on the Property:
a. Construction or placing of buildings, roads, signs, billboards or other
advertising, utilities, or other structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill,
or dumping or placing of trash, waste, or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetation, except
for the removal of exotic or nuisance vegetation in accordance with. a District approved
maintenance plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or
other material substance in such manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to
remain in its natural condition;
f. Activities detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or fish and wildlife habitat preservation including, but
not limited to, ditching, diking and fencing;
Standard form - July. 2001 2of5 N:\6276\bs7784 Deed.doc
g. Acts or uses detrimental to such aforementioned retention of land or
water areas;
h. Acts or uses which are detrimental to the preservation of any
features or aspects of the Property having historical or archaeological significance.
3. Grantor reserves all rights as owner of the Property, including the right to
engage in uses of the Property that are not prohibited herein and which are not
inconsistent with any District rule, criteria, permit and the intent and purposes of this
Conservation Easement.
4. No right of access by the general public to any portion of the Property is
conveyed by this conservation easement.
5. Grantee shall not be responsible for any costs or liabilities related to the
operation, upkeep or maintenance of the Property.
6. Grantor shall pay any and all real property taxes and assessments levied by
competent. authority on the Property.
7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions
and restrictions of this conservation easement shall be borne by and recoverable against
the non prevailing party in such proceedings.
8. Enforcement of the terms, provisions and restrictions of this conservation
easement shall be at the reasonable discretion of Grantee, and any forbearance' on
behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by
Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder.
9. Grantee will hold this conservation easement exclusively for conservation
purposes. Grantee will not assign its rights and obligations under this conservation
easement except to another organization qualified to hold such interests under the
applicable state laws.
10. If any provision of this conservation easement or the application thereof to
any person or circumstances is found to be invalid, the remainder of the provisions of this
conservation easement shall not be affected thereby, as long as the purpose of the
conservation easement is preserved.
11. Grantor shall insert the terms and restrictions of this conservation easement
in any subsequent deed or other legal instrument by which Grantor divests itself of any
interest in the Property.
Standard form - July, 2001 3 of 5 N:\6276\bs77S4 Deed.doc
12. All notices, consents, approvals or other communications hereunder shall
be in writing and shall be deemed properly given if sent by United States certified mail,
return receipt requested, addressed to the appropriate party or successor-in-interest.
13. This conservation easement may be amended, altered, released or revoked
only by written agreement between the parties hereto or their heirs, assigns or
successors-in-interest, which shall be filed in the public records in PALI-\ ~'" County.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms,
conditions, restrictions and purpose imposed with this conservation easement shall be
binding upon Grantor, and shall continue as a servitude running in perpetuity with the
Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said
Property in fee simple; that the Property is free and clear of all encumbrances that are
inconsistent with the terms of this conservation easement and all mortgages have been
joined or subordinated; that Grantor has good right and lawful authority to convey this
conservation easement; and that it hereby fully warrants and defends the title to the
conservation easement hereby conveyed against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, ~ TAi lor has hereunto set
its authorize? hand this:2.2 day of ,200_.
Signed, sealed and delivered ~f'\TO(\ ~ ,
in our presence as witnesses: A Flo ida corporation
v-mtlMf~~ ~~~t~æ.z~
~IJAI~ S""~ff-
Print. ame: ~
~'~~ V· Title: M A'{ 0,...
. 1"\C\ V (Y\ ì I e r'
Print Name:
~tOV,~~ AS .~~
,I Jlk (UL,J
Standard form - July, 2001 4of5 N:\6276\bs7784 Deed,doc
STATE OF FLORIDA
) ss:
COUNTY OF I k ~
On this ~ ;;2'~~ day of
the undersigned notary public, personally appeared
known to me to be the person who subscribed to the foreg
take an oath~ý the '~ition) ti
(corporation £ I tJ fÞ t'Plf:¡ lorida corporation, and acknowledged that.he
executed the sa e on be alf of said corporation and that he was duly authorized to do
so.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC, STATE OF FLORIDA
--P~Þt.~ This document will be
Print Name: . executed by the City
.:-,-;.~V~í1'",~ Barb~a M. Madden upon the acquisition of all
My Commission EXPireœj~on # DD125274 parcels identified for
.... ~:: 1!%pires July 19, 2006
-:':'~~Of:f\~$ Jand.fd 1bru conservation areas.
I",,,,,,, Atlantic Bon4ingCo., Inc.
South Florida Water Management District
Legal Form Approved
Date: July, 2001
Standard form - July, 2001 50f5 N:\6276\bs7784 Deed.doc
CONSERVATION EASEMENT
CITY OF BOYNTON BEACH,
PALM BEACH COUNTY, FLORIDA
L_.JAL DESCRIPTION:
ONSERVATION AREA 1
HAT PORTION OF THE 66.00 FOOT RIGHT OF WAY FOR NORTHEAST 10TH AVENUE FORMERLY KNOWN AS
MICHIGAN AVENUE AS SHOWN ON THE PLAT OF LAKE ADDITION TO BOYNTON FLORIDA, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 11 PAGE 71 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, BOUNDED AS FOLLOWS;
N THE NORTH BY THE SOUTH LINE OF LOT 2, BLOCK 6; ON THE EAST BY THE WEST LINE OF THE
INTRACOASTAL WATERWAY (FORMERLY FLORIDA COAST LINE WATERWAY AS SHOWN ON SAID PLAT LAK
DDITION TO BOYNTON, FLORIDA); ON THE SOUTH BY THE NORTH LINE OF LOT 1, BLOCK 7; ON THE WEST B
HE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 1, BLOCK 7. -
ND
ONSERVATION AREA 2
OT 2, BLOCK 5, LAKE ADDITION TO BOYNTON FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 11 AT PAGE 71 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
ND
ONSERVATION AREA 3
'S 1,2,3,4,5,6, AND 7, BLOCK 1, BOYNTON PLACE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
.T BOOK 11 AT PAGE 40 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
uGETHER WITH A STRIP OF LAND 7.5 FEET IN WIDTH ADJACENT THERETO, BOUNDED AS FOLLOWS; ON THE
OUTH BY THE NORTH LINE OF SAID LOTS 1, 3, 4, 5, 6, AND 7, BLOCK 1; ON THE EAST BY THE NORTHERL
EXTENSION OF THE EAST LINE OF SAID LOT 1, BLOCK 1; ON THE WEST BY THE NORTHERLY EXTENSION OF
HE WEST LINE OF SAID LOT 7, BLOCK 1; AND ON THE NORTH BY THE SOUTH LINE OF LOT 2, AND THE
ESTERLY EXTENSION THEREOF, BLOCK 5 LAKE ADDITION TO BOYNTON FLORIDA, ACCORDING TO THE PLA
HEREOF AS RECORDED IN PLAT BOOK 11 AT PAGE 71 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
ONSERVAT/ON AREA 4
LOT 3, BLOCK 5, LAKE ADDITION TO BOYNTON FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
LAT BOOK 11, AT PAGE 71 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
OGETHER WITH A STRIP OF LAND 6.3 FEET IN WIDTH ADJACENT THERETO, BOUNDED AS FOLLOWS; ON THE
ORTH BY THE SOUTH LINE OF SAID LOT 3, BLOCK 5; ON THE EAST BY THE WEST LINE OF LOT 2, BLOCK 5; ON
HE WEST BY THE SOUTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 3, BLOCK 5; AND ON THE SOUTH
BY THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 2, BLOCK 5.
AID LANDS SITUATE WITHIN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA.
SHEET 1 OF 5 SHEETS FILE NO. 03-15308.001-SS1
1 eller- Weaver and Sheremeta, Inc. 310 Southeast First Street. Suite Four
Engineers ... Surveyors ... Planners Delray Beach, Florida 33483
(561) 243-8700
(561) 243-8777 Fax
CONSERVATION EASEMENT
CITY OF BOYNTON BEACH,
PALM BEACH COUNTY, FLORIDA
HELLER-WEAVER AND SHEREMET A, INC.
FLORIDA STATE LB. NO. 3449
ANIEL C. LAAK
ROFESSIO~ URVEYOR AND MAPPER DATED: NOVEMBER 4, 2003
FLORIDA T T REG. NO. 5118
-
NOT :
1) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY ("THIS IS NO
SURVEY").
) NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL OF A FLORIDA LICENSED
URVEYOR AND MAPPER.
) NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THE SIGNING SURVEYOR.
HEET 2 OF 5 SHEETS FILE NO. 03-15308.001-S2
] ~ller- Weaver and Sheremeta, Inc. 310 Southeast First Street:. Suite Four
Engineers ... Surveyors ... Planners Delray Beach. Florida 33483
(561) 243-8700
(561)243-8777 Fax
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
(NJ
A PORTION OF LAKE ADDITION
TO BOYNTON FLORIDA
(PLAT BOOK 11, PAGE 71) 2
BOYNTON BEACH al
PALM BEACH COUNTY, FLORIDA ~
w
~
-----,----ï r--------t"--------------------------I
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: LOT': I I: _ I?d:
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i!5 6 I I I . u;..
~S! ~S!¡ ,_-;_, -' : SO' BUILDING LINE I ~
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:L.. ;::!..JI ,-, - --' ~ Ll , \ =
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-- e] - e)' . = \ t;; \5 I , 0
To... b '- ~ I ~ ~ , : ~ B~[~~I~~N~, PAGE 71 \ ~
------- I ~. \ .... ..J , L____[________________________________________________----;æ
· ~ I ~ E I SOUTH LINE IJf LOT 2 228±' I ---]
- l------J t; Ii>
I = ~~
t::: I Z ~ _ VEST lINE
u.i I AREA -15300 THE INTRACOASTAL VATERVAY
_ :z:: r." SQUARE FEET (fDMRL Y FLORIDA
co I:ö:t- Cð ClJAST LIt£ VATERVAY>
. -J - NË~10l1iÃ;- - - - ,Cl- ~ - - - - - - - - - - - - - - - -- - -- --
IMICHIGANAVE.) I
..1_ ______:¡ &
BLO:::K (1)! ! I 240± NORTH Uti: LOT 1
--f -; LOT' - , I I I <--, ~-----[------------------------------------------------------- '-
¡::: r: . r.- 66' ~ BLOCK, ¡ } ¡ 15' BUILDING I.II£
~ ......... I I I l PER PlAT BOOK 11, PAGE 71
..J.... z....; I 'L()T~ I
~ ~ :;.... ' I I -I v, . : . 50' BUILDlt«j LINE
a c: ¡ ~ i I I : PER PLAT BOOK 11, PAGE 71
-'= S ' I 1---..-..-..-.--.'--'-"-"-"-"-"-"-'--"- .-..--.-..-..-..-..-..-.,-..-
~~ d=: I I I
-~S!-~š""'-"---~ I , LAKE ADDITION
~ ~:: : I : TO BOYNTON F~ORIDA
~ ~ I I I PLAT BOOK 11, PAGE ì1
\oJ
Q,.
t'LEET 3 OF 5 StEETS HWS ALE NO. . 03-15308.001-SS3
-Nt 310 sr. 1st Street, S~te 4
Delrny Bench, Florldn 33483
Heller - Weaver and Sheremeta inc. (561) 243-8700 - Phone
, (561) 243-8m - Fnx
Engineers ... Surveyors .., Planners
SKETCH TO ACCOMPANY LEGAL DESCRIPTION ~
A PORTION OF LAKE ADDITION
TO BOYNTON FLORIDA
(PLAT BOOK 11, PAGE 71) .
& BOYNTON PLACE :ð
(PLAT BOOK 11, PAGE 40) .-
BOYNTON BEACH -
PALM BEACH COUNTY, FLORIDA ~
----------------------------------T---· ; L. ~
~ I I
______,_____ . 5(Y NE. ~~VE [~S^S_A~~___J_____, \ ¡
I / í bJ I
\. LOT 4 ¡ IAAEA4 I ¡ T;;:;.;;:;;·~~mnnmnl ¡ !. ~..
BLOCK( 5 ) ----r---------- _ PER PLAT BDDK 11, PAGE 71; :.-J ,
. / ~ c:> ... -'Jf 33',
w:=;:::..... c-- , t \ I
LAKE ADDITION ~~w ~ ~:e. ,
I i..::J <I: ' ,
iO BOYNTON FLORIDA "-: ~..... ~ LOT 1 I w~: I ~ .1
:z PLAT BOOK 1 ~ P· GE 7' ë:> a d5 ë:> 125 ¡æ- ~ t- 66' I
o 'I, ""' I c:i ji4- c:i ....J~ I I -..
_ I "'=t".1X "'=t" ~ ~iI, \ I
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..ct::: vn- 'I- ..J C , ,.-. I
:=::J : %:9 9 - = iI~ ¡ ël5 I I
:z: 'E~ ~ LOT 3:e SOUAREFEET ~e¡: ë:> ë;?....J
- .- _ MQ.. I r--- ze I ,
~ I~;:: ~ AREA = 7fØ) VEST Llt£ LDT 2 LOT 2 1--: ~ \ "
o I' ~~ a SQUARE FEET [5' EASEMENT PER PB. 11 PG. 71:,¡. ~~ I
Ü ã~ on ! stlJTH LINE LDT 2 BLOCK 5: ð- -<' 1 i5!..... I r-
I <"'1:::1 ~.3· \ 1251 I.~ t ~~ ,
a::: _____...!...-__ ..L.. \ ~ ~ ,/.....w I _
o ----- ~ g I
u.... -3751 I ---, I
~ ·T-5u---:---¡r¡;~· 5ü-~NV)r -[--- ---~--~;.- \ ¡ ~ \
u.J II") , ~ I M v>l:igl ~~~ ,!Z,
L.U 15 15 I 1:i~....J iiI' tGTH LIt£ LOT 1 BLOCK 1 ~ \ ð ....
::I:....J : ....J I ....J!;<~ I a:I I
U) ~ I ~ I ~ ~~ 1 rg' ~. :
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~ ~ BLOCK(1) ~ I ~ Eï:' LOT 1 ~ Ñ I ~ I
~ B"'YNTOtl DLA"= ~ I F- ~ >§ I CC! \ ~ I
U ~,\i... '-: !f!!! I i AREA3 t- ..... ,
PLAT BOOK 11, PAGE 40 ,~ .....: r----- ------- ~ II r-
I CI I I
! i i AREA = 51600 SQUARE FEET ~ ¡ !
I I I us f!R ..,
, I I LOT 2 - I I
LOT 5 , LOT 4 , LOT 3 \ . \ I
I I I . I
fJ! fIJ I I 125' ) \ f
, I
315' ..~ \ I
~ NE. 7TH AVE. íFLORIDA AVE.) I'
\. \
---------------------~---------------------------------,
iEET 4 OF 5 SHEETS HWS ALE NO.· 03-153œ.001.ss4
-M 3108£ I~SI1oI,&jø~
DI*ay Beach, fbia 33483
Heller - Weaver and Sheremeta ine (561)2ß8700-Phooe
,. (561) 243m7 - Fax
Engineers ... Surveyors .., Planners
-------
· SKETCH TO ACCOMPANY LEGAL DESCRIPTION [N]
A PORTION OF LAKE ADDITION
TO BOYNTON FLORIDA
(PLAT BOOK 11, PAGE 71) ò
& BOYNTON PLACE ~
(PLAT BOOK 11, PAGE 40) ~
BOYNTON BEACH ..
PALM BEACH COUNTY, FLORIDA ~
VI
i i J i
I 1 B' OCK'5 ' 1
1 ,L . ,(. ; I
, , I}J(E ADDITIQtr I
: : TO BOYNTON FLORIDA: -
I PLAT BOOK 11, PAGE ì1 ,
1 , , '
1 1 I
_L______L______L____~~I L_ :z:
-------. 0
r------ / -~: f§ri5(\J~-r37s.5i ]11--- ~
I ffi 9 I'- t:; 15:": I 7.5'~::z:
1 I-w I- i5-'~ I 1-\-
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, Wj -' ><g , -':z:
1 ~t; ~ ;~ , ~ C>
I ~~...J eí-' I i O·
I- :J: ... ::J: ...-. :J:
I ~\5 i ~ª , BLOCK( 1 )1-: ê5
, ~ ~~ BOYNTON PLACE , W-
I ~ ...; PLAT BOOK 1'1, PAGE 411 ;:::
i LOT 8 -- i I AREA 3 I i ttJ
: ~= 51lmSQUARE FEE'. ~
, ~ LOT 7' LOT 6 , ttI
I \ 1 , en
I , 50' I 50' I
~------ .~---- 3751
;1 HE. 7TH AVE. (FLORIDA AVE.)
"---------j-------------
'EET 5 OF 5 SHær8 " HWS AlE NO.· 03-15308.001-SS5
310 S.E. 1st S1reet, Suite 4
DEny Beach, FbiIa 33483
Heller - Weaver and Sheremeta ine (561) 243-8700-Phooe
,. (561) 243-8777 - Fax
Engineers '" Surveyors ... Planners
-- --------