R98-106RESOLUTION NO. R98-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN AMENDMENT TO DRAINAGE
EASEMENT GRANTED TO THE CITY BY HOME
DEPOT U.S.A., INC. TO REDUCE THE AREA DEFINED
BY THE ORIGINAL EASEMENT; DIRECTING THE CITY
CLERK TO RECORD THE AMENDMENT TO
EASEMENT IN THE PUBLIC RECORDS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Home Depot., U.S.A., Inc. previously granted the City of
Boynton Beach a drainage easement over its property, and recorded said
easement on April 3, 1998 in the public records of Palm Beach County, Florida;
and
WHEREAS, the property described in the original easement has been
found to be excessive by the grantee, City and the grantor, Home Depot,. U.S.A.,
Inc.; and
WHEREAS, based upon the
Commission of the City of Boynton
recommendation of city staff, the City
Beach, Florida finds that it is in the best
interests of the public to revise this easement by consenting to and executing the
Amendment to Drainage Easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Flbrida
hereby authorizes and directs the Mayor and City Clerk to execute an
Amendment to Drainage Easement granted by Home Depot U.S.A., Inc., thereby
consenting to the amendment of the area defined by the
Agreement being attached hereto as Exhibit "A".
easement, said'.;-.:?.
Section 2. Upon execution, the City Clerk shall record the Amendment
to Easement in the public records of Palm Beach County, Florida.
Section 3. This Resolution shall become effective immediately upon
passage by this Commission.
PASSED AND ADOPTED this ,/~ day of June, 1998.
CITY OF BOYNTON BEA( FLORIDA
Mayor
Vice
ATTEST:
~yor Pro Tem
Co~m~is~ion~r
Commissioner
Af~ r~ording r~tum to:
James B. Jordan
Suth~rland, A~bill & Brennan, L.L.P.
999 Peachtr~ Street, N~E.
Atlanta, C_~orgia 30309
AMENDMENT TO DRAINAGE EASEMENT
THIS AMENDMENT TO DRAINAGE EASEMENT made this day of
1998, by HOME DEPOT U.S.A., INC., a Delaware corporation ("Grantor") to and for the
benefit of the CITY OF BOYNTON BEACH, FLORIDA ("Grantee").
Background Statement
V~-IEREAS, Grantor and Grantee emered into that certain Drainage Easement
(the "Easement"), which Easement was filed for record on April 3, 1998 and is recorded in
Official Record Book' 10320, page 1642, Palm Beach County Records, Florida; and
WHEREAS, the parties wish to amend the Easement in order to limit the
Easement to the areas of Grantor's. property described in Exhl~oit A attached hereto and made a
part hereof.
NOW, THEREFORE, for and in consideration ofTEN DOLLARS ($10.00), and
certain other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Grantor and Grantee agree'as follows:
Statement of Agreement
1. Grantor and Grantee hereby amend the Easement so as to limit the
easement granted thereby to the real property described on Exhibit A attached hereto and made a
part hereof.
2. Except as amended by this Amendment, Grantor and' Grantee agree that
the Easement shall otherwise rem~n unchanged and in full force and effect. Any capitali~ed terms
not defined herein shall have the same meaning ascribed thereto in the Easement.
IN WITNESS WHEREOF, Grantor and Grantee have caused this instrument to be duly
executed, sealed and delivered on the day and year first above written.
GRANTOR:
Witness ~.1
Print Name:
VCitfieis
HOME DEPOT U.S.A., ,~NC.
B :N e: " ~B~
Title: 1~-~_:_ .- --- --t]i~IqlB
STATE OF GEORGIA
COUNTY OF CO~
The foregoing instrument was acknowledged
before me this {b14~ day of ..q"oi¥ , 1998, by L.A..~-n,~, 2. ~tie.~ l:~;de~-f-
of HOME DEPOTt U.S.A., INC., a Delaw~e 7o~n~ on behalf of the
corporation.
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Dr~ Detention Area #2
A portion ofTra_ct ;'-_~', SHOPPES OF WOOLBRIGHT P.C.D., Part of WOOLBRIGHT
PLACE, P.U.D., being a replat of a portion of LAKE BOYNTON ESTATES PLAT 3, situate in
SeCtion 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County,
Florida, according to the Plat thereof recorded in Plat Book 65, Pages 137 and 138, Public
Records of Palm Beach County, Florida, TOGETHER WITH a portion of Tract "A" (also known
as: Morton's Way)~ WOOLBRIGHT PLACE PLAT 1, according to the Plat thereof as recorded
in Plat Book 67, Pages 47 through 49, of the Public Records of Palm Beach County, Florida,
more particularly described as follows:
COlX~IENCING at the northeaSt comer of said Tract "E", said point also being the southeaSt
comer of said Tract "A"; thence N01 °34'16"W, along the eaSt line of said Tract "A", 300.00 feet
to an intersection with the south right-of-way line of Morton's Way (AKA: Purple Heart Way)
per Resolution No. R96-11, dated 8/6/96, recorded in Official Records Book 9397, Page 1199 of
the Public Records of Palm Beach County, Florida; thence S88°26'13"W, along said south right-
of way line, 172.00 feet to the POINT OF BEGINNING; thence S03 ° I0'57"E, 39.71 feet; thence
S89°51'03"W, 257.56 feet; thence N02°39'55"W, 33.34 feet to a point on the aforesaid south
right-of-way;line of Morton's Way (AKA: Purple Heart Way); thence N88°26'13"E, along said
south right-of-way line 257.00 feet to the POINT OF BEGINNING.
Said land comaining 0.22 acres (9,390 square feet) lying in the City of Boynton Beach, Palm
Beach County, Florida and is shown on that certain sketch entitled "Sketch & Description - Dry
Detention Area #2" prepared by Avirom &' Associates, Inc. bearing the seal of Michael D.
Avirom, P.L.S., Florida Registration No. 3268, dated March 31, 1998 (Job No. 5364-5), which
sketch is incorporated by this reference and made a part hereof.
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GRANTEE:
CITY OF BOYNTON BEACH, FLOPdDA
Title:
APPROYED ~
CITY ATTORNEY
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this ,~'.,.,.,., .,~_:day of~ ,
1998, by ~-,o~,.~ '~'z~,~ °fthe City of Boynt~'n Beach, Florida,
which individual is personally known to me or has produced a driver's license as identification and
who did not take an oath.
[NOTARIAL SEAL]
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EXHIBIT A
Legal Description
Dr~ Detention Area #1
A portion of Tract "E", SHOPPES OF WOOLBRIGHT P.C.D., Part of WOOLBRIGHT
PLACE, P.U.D., being a replat ora portion of LAKE BOYNTON ESTATES PLAT 3, situate in
Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County,
Florida, according to the Plat thereof recorded in Plat Book 65, Pages 137 and 138, Public
Records of Palm Beach County, Florida, TOGETHER WITH a portion of Tract "A" (also known
as: Morton's Way), WOOLBKIGHT PLACE PLAT 1, according to the Plat thereof as recorded
in Plat Book 67, Pages 47 through 49, of the Public Records of Palm Beach County, Florida,
more particularly described as follows:
COMMENCING at the northeast comer of said Tract "E", said point also being the southeast
comer of said Tract "A"; thence N01 °34'16"W, along the east line of said Tract "A", 30.00 feet
to an 'intersection with the south right-of-way line of Morton's Way (AKA: Purple Heart Way)
per Resolution No. R96-11, dated 8/6/96, recorded in Official Records Book 9397, Page 1!99 of
the Public Records of Palm Beach County, Florida; thence S88°26'13"W, along said south right-
of-way line, 505.45 feet to the POINT OF BEG]31NING; thence S00°35'28"E, 53.53 feet; thence
S89~48'28"W, 262.59 feet; thence North, thence N00°00'00"W, 47.26 feet to a point on the
aforesaid south right-of-way line of Morton's Way (AKA: Purple Heart Way); thence
N88°26'13"E, along said south right-of-way line, 262.14 feet to the POINT OF BEGINNING.
Said land comaining 0.30 acres (13,220 square feet) lying in the City of Boynton Beach, Palm
Beach County, Florida and is shown on that certain sketch entitled ,Sketch & Description- Dry
Detention Area #1" prepared by Avirom & Associates, Inc. bearing the seal of Michael D.
Avirom, P.L.S., Florida Registration No. 3268, dated March 31, 1998 (~/ob No. 5364-5), which
sketcl', is incorporated by this reference and made a part hereof.
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