R05-166
II
1 RESOLUTION NO. R 05 - tco~
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING THE MAYOR TO
5 EXECUTE AN AGREEMENT TO EXCHANGE REAL
6 PROPERTY, A QUIT CLAIM DEED IN FAVOR OF
7 BOYNTON \VATERWAYS INVESTMENT
8 ASSOCIA TES, LLC. AND AN EASEMENT
9 DEDICATION TO EFFECT THE TRANSFER OF
10 PROPERTY AND OBTAINING OF EASEl\-IENT WITH
11 BOYNTON \VATER\VAYS INVESTMENT
12 ASSOCIATES, LLC., IN CONJUNCTION WITH THE
13 PROJECT KNOWN AS THE PROMENADE; AND
14 PROVIDING AN EFFECTIVE DATE.
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16 \VHEREAS, as part of this exchange, the City of Boynton Beach will transfer
17 approximately 784 square feet of property to Boynton Waterways and also dedicate a formal
18 ten-foot wide utility easement to Florida Power and Light along the west side of the
19 Downtown Stormwater Pond property; and
20 WHEREAS, In exchange for the transfer, the City will obtain approximately 22,210
21 square feet of utility easement and \vill also gain approximately 4,224 square feet of
22 additional roadway and utility easement along the north side of the Promenade parcel
23 adjacent to Northeast 4th Avenue; and
24 \VHEREAS, staff has made a recommendation that the parties exchange parcels of
25 land, the particulars of which are set out in the Agreement to Exchange Real Property, a copy
26 of which is attached hereto as Exhibit "A".
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "WHEREAS" clauses are true and correct and
30 hereby ratified and confirmed by the City Commission.
31
Section 2,
The City Commission of the City of Boynton Beach hereby authorizes
32 the Mayor to execute an Agreement to Exchange Real Property, attached hereto as Exhibit
S:\CA\RESO\Real Estate\Promenade Land Exchange.doc
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"A", a Quit Claim Deed transferring ownership to the property described in the Quit Claim
2 ,; Deed attached hereto as Exhibit "B" to Boynton waterways Investment Associates, LLC., and
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3 lito execute the Easement dedication to Florida Power & Light attached hereto as Exhibit "C",
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Section 3.
That this Resolution will become effective immediately upon passage.
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PASSED AND ADOPTED this ~ day of
Oc,robe(
, 2005.
CITY OF BOYNTON BEACH, FLORIDA
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S:\CA\RESOiReal EstateiPromenade Land Exchange.doc
Return to: (enclose self-addressed stamped envelope)
Name
Address:
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RECORDED 10/31/2005 10~~0.49
C ty Flor1da
Palm Beach o~nCLERK & COMPTROLLER
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Office of the City Clerk
City of Boynton Beach
P. O. Box 310
Boynton Beflch, Florirlil 33425
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E x:h,b iT A-
AGREEMENT TO EXCHANGE REAL PROPERTY
THIS AGREEMENT to Exchange ~ Pro~rty (hereinafter referred to as the
"Agreement") is made on this ~ day of ff~, 2005 by and between the City of
Boynton Beach, a Florida municipal corporation (hereinafter referred to as the "City"),
and Boynton Waterways Investment Associates, LLC, a Florida limited liability
company (hereinafter referred to as the "Developer") for the purpose of exchanging real
property and easements.
WHEREAS, the City has title to a parcel of real property which consists of
approximately 784 square feet (hereinafter referred to as "Parcel A") and it is more
particularly described as follows:
PARCEL A
(Property of the City)
A parcel of land being a portion of Lot 24 of DEWEY'S SUBDIVISION, CITY OF
BOYNTON BEACH, according to the plat thereof, as recorded in Plat Book 1,
Page 37 of the Public Records of Palm Beach County, Florida, said parcel being
described as follows:
Begin at the Northeast corner of Lot 24; thence on an assumed bearing of South
OJD08'50" East along the East line of said Lot 24 a distance of 98. 03 feet; thence
North 89046 '04" West a distance of 8. 00 feet to a point on a line being 8.00 feet
West of and parallel with said East line of Lot 24; thence North OJD08'50"West
along said parallel line a distance of 98.03 feet to a point on the North line of said
Lot 24; thence South 89046'04" East along North line a distance of8.00feet to the
Point of Beginning.
Said land being in the City of Boynton Beach, Palm Beach County, Florida,
containing 784 square feet, more or less.
WHEREAS, in addition to Parcel A, the City has title to a parcel of real property
which is adjacent to Parcel A and consists of approximately 5,967 square feet (hereinafter
referred to as "Parcel B") and it is more particularly described as follows:
PARCELB
(Property of the City)
Said land being in the City of Boynton Beach, Palm Beach County, Florida
containing 5,967 square feet, more or less.
WHEREAS, the Developer has title to a parcel of real property which consists of
approximately 22,210 square feet (hereinafter referred to as "Parcel C") and it is more
particularly described as follows:
PARCEL C
(Property of the Developer)
[SEE ATTACHED LEGAL DESCRIPTION]
WHEREAS, in addition to Parcel C, the Developer has title to a parcel of real
property which consists of approximately 4,224 square feet (hereinafter referred to as
"Parcel D") and it is more particularly described as follows:
PARCEL D
(Property of the Developer)
A parcel of land being a portion of Lot 24 and 25 of DEWEY'S SUBDIVISION,
CITY OF BOYNTON BEACH, according to the plat thereof, as recorded in Plat
Book 1, Page 37 of the Public Records of Palm Beach County, Florida, said parcel
being described as follows:
Commence at Northeast corner of Lot 24; thence on an assumed bearing of
89046 '04" West along the North line of said Lot 24, a distance of 8.00 feet to the
Point of Beginning, said point being on a line 8.00 feet West of and parallel with
the East line of said Lot 24; thence South 01008 '50" East along said parallel line, a
distance of 15. 00 feet to a point on a line being 15.00 feet South of and parallel to
the said North line of Lot 24; thence North 89046'04" West along said parallel
line, a distance of 281.62 feet to a point of the East right-of-way of Federal
Highway; thence North 00059 '45" West along said right-of-way line, a distance of
15.00 feet to a point on the said North line of Lot 24; thence South 89046 '04" East
along said North line, a distance of281.58feet to the Point of Beginning.
Said land being in the City of Boynton Beach, Palm Beach County, Florida,
containing 4,224 square feet (0.097 acres), more or less.
WHEREAS, in the collective interest of the City and the Developer, each has
agreed to exchange the above mentioned real property as follows:
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a) City shall quit claim title of a small strip of land shown III Parcel A to
Developer, retaining easement rights on such parcel;
b) City shall grant a franchise utility easement to FPL on Parcel B for the benefit
of Developer;
c) Developer shall grant a utility and franchise utility easement to the City on
Parcel C.
d) Developer shall grant a roadway, utility and franchise utility easement to the
City on Parcel D.
THEREFORE, in consideration of the premises, the mutual covenants and
agreements herein contained, the City and the Developer do hereby covenant and agree as
follows:
1. CONVEYANCE AND CONSIDERATION:
For the consideration and on the subject to the terms, provisions, and conditions hereinafter
set forth, the City agrees to convey via Quit Claim Deed to the Developer the real property
described above as Parcel A, retaining easement rights on Parcel A, and City agrees to
facilitate a utility easement to FPL on Parcel B for the benefit of Developer, in
consideration for the grant of utility and franchise utility easement by the Developer to the
City on the real property described above as Parcel C, and a roadway, utility and franchise
utility easement to the City on the real property described above as Parcel D, together with
all and singular the rights and appurtenances pertaining to the real property, including any
right, title, and interest of the Developer in and to adjacent streets, alleys, or rights-of-way.
2. CONDITIONS TO OBLIGATIONS OF THE CITY
The obligations of the City to consummate the exchange as contemplated by the terms and
provisions of this Agreement are subject to the satisfaction of each of the following
conditions:
a) Requirement of Survey.
The Developer shall furnish to the City a current plat of survey of Parcel C and Parcel D
prepared by a licensed and registered surveyor or engineer.
The City will have ten (10) days after receipt of such survey to review and approve same.
In the event any portion of such survey is unacceptable to the City, then the City shall
notifY Developer of such fact. If Developer chooses not to take actions to correct
unacceptable portions of the surveyor is unable to do so, the City may terminate this
Agreement.
b) Acceptability of Title. The Developer shall provide to City an opinion of title prepared
by Developer relative to Parcel C. The City shall give the Developer written notice on or
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before the expiration of ten (10) days after receiving the opinion of title that the opinion of
title as set forth therein is or is not satisfactory. In the event the opinion is reported as not
satisfactory, it will be documented by title examination, provided at the expense of the
Developer. On receipt thereof the Developer shall promptly undertake to eliminate or
modify all objections to the reasonable satisfaction of the City. In the event the Developer
is unable to respond to objections within ten (10) days after receipt of written notice, this
Agreement shall thereupon be null and void for all purposes; otherwise, said condition
shall be deemed to be acceptable and any objection thereto shall be deemed to have been
waived for all purposes.
c) Estoppel Letter. The Developer shall deliver to the City an "estoppel letter" signed by
the holders of any existing indebtedness secured by Parcel C and Parcel D, stating: (1) that
as of the closing date no default exists under either the deed of trust or mortgage or notes
or any instruments securing the payment of same; (2) that all installments of principal and
interest payable to the date of closing have been paid; (3) the amount of the unpaid balance
of the notes; and (4) that there have been no modifications or amendments to such note or
deed of trust or mortgage instruments, and (5) that as mortgagee it consents and approves
the granting of easements to the City of Boynton Beach.
3. REPRESENTATIONS AND WARRANTIES OF DEVELOPER
Developer hereby represents and warrants to the City as follows:
(1) There are no parties in possession on any portion of Parcel C or Parcel D as lessees,
tenants at sufferance, or trespassers;
(2) There is no pending or threatened condemnation or similar proceeding or assessment
affecting Parcel C and Parcel D, or any part thereof, nor to the best knowledge and belief
of Developer is any such proceeding or assessment contemplated by any governmental
authority;
(3) Developer has complied with all applicable laws, ordinances, regulations, statutes,
rules, and restrictions relating to Parcel C and Parcel D described herein, or any part
thereof;
(4) Parcel C and Parcel D have full and free access to and from public highways, streets, or
roads and, to the best knowledge and belief of Developer, there is no pending or threatened
governmental proceeding which would impair or result in the termination of such access.
4. REPRESENTATIONS AND WARRANTIES OF THE CITY
The City hereby represents and warrants to Developer as follows:
(1) There is no pending or threatened condemnation or similar proceeding or assessment
affecting Parcel A and Parcel B, or any part thereof, nor to the best knowledge and belief
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E~h~b'T A
AGREEMENT TO EXCHANGE REAL PROPERTY
THIS AGREEMENT to Exchange Real Property (hereinafter referred to as the
"Agreement") is made on this ~ day of ~~, 2005 by and between the City of
Boynton Beach, a Florida municipal corporation (hereinafter referred to as the "City"),
and Boynton Waterways Investment Associates, LLC, a Florida limited liability
company (hereinafter referred to as the "Developer") for the purpose of exchanging real
property and easements.
WHEREAS, the City has title to a parcel of real property which consists of
approximately 784 square feet (hereinafter referred to as "Parcel A") and it is more
particularly described as follows:
PARCEL A
(Property of the City)
A parcel of land being a portion of Lot 24 of DEWEY'S SUBDIVISION, CITY OF
BOYNTON BEACH, according to the plat thereof as recorded in Plat Book 1,
Page 37 of the Public Records of Palm Beach County, Florida, said parcel being
described as follows:
Begin at the Northeast corner of Lot 24; thence on an assumed bearing of South
Or08'50" East along the East line of said Lot 24 a distance of 98. 03 fiet; thence
North 89046 '04" West a distance of 8. 00 feet to a point on a line being 8.00 feet
West of and parallel with said East line of Lot 24; thence North OJD08'50"West
along said parallel line a distance of 98.03 feet to a point on the North line of said
Lot 24; thence South 89046 '04" East along North line a distance of 8. 00 feet to the
Point of Beginning.
Said land being in the City of Boynton Beach, Palm Beach County, Florida,
,.' J1'I:azf.zng 784 1 ;.tare ."'~t:;;, frlOrp. or ieo;s.
WHEREAS, in addition to Parcel A, the City has title to a parcel of real property
which is adjacent to Parcel A and consists of approximately 5,967 square feet (hereinafter
referred to as "Parcel B") and it is more particularly described as follows:
PARCEL B
(Property of the City)
The West 10 feet of Lots 23 and 26 of DEWEY'S SUBDIVISION, CITY OF
BOYNTON BEACH, according to the plat thereof as recorded in Plat Book 1,
Page 37 of the Public Records of Palm Beach County, Florida, less any portion of
said Lot 23 lying South of the North Right-of- Way of Boynton Beach Boulevard.
r= )(J4/~i T \'A JI
Said land being in the City of Boynton Beach, Palm Beach County, Florida
containing 5,967 square feet, more or less.
WHEREAS, the Developer has title to a parcel of real property which consists of
approximately 22,210 square feet (hereinafter referred to as "Parcel C") and it is more
particularly described as follows:
PARCEL C
(Property of the Developer)
[SEE ATTACHED LEGAL DESCRIPTION]
WHEREAS, in addition to Parcel C, the Developer has title to a parcel of real
property which consists of approximately 4,224 square feet (hereinafter referred to as
"Parcel D") and it is more particularly described as follows:
PARCEL D
(Property of the Developer)
A parcel of land being a portion of Lot 24 and 25 of DEWEY'S SUBDIVISION,
CITY OF BOYNTON BEACH, according to the plat thereof, as recorded in Plat
Book 1, Page 37 of the Public Records of Palm Beach County, Florida, said parcel
being described asfollows:
Commence at Northeast corner of Lot 24; thence on an assumed bearing of
89046 '04" West along the North line of said Lot 24, a distance of 8.00 feet to the
Point of Beginning, said point being on a line 8.00 feet West of and parallel with
the East line of said Lot 24; thence South Or08 '50" East along said parallel line, a
distance of 15. 00 feet to a point on a line being 15.00 feet South of and parallel to
the said North line of Lot 24; thence North 89046'04" West along said parallel
line, a distance of 281.62 feet to a point of the East right-of-way of Federal
Highway; thence North 00059 '45" West along said right-of-way line, a distance of
15.00 feet to a point on the said North line of Lot 24; thence South 89046 '04" East
along said North line, a distance of 281.58 feet to the Point of Beginning.
Said land being in the City of Boynton Beach, Palm Beach County, Florida,
containing 4,224 square feet (0.097 acres), more or less.
WHEREAS, in the collective interest of the City and the Developer, each has
agreed to exchange the above mentioned real property as follows:
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a) City shall quit claim title of a small strip of land shown III Parcel A to
Developer, retaining easement rights on such parcel;
b) City shall grant a franchise utility easement to FPL on Parcel B for the benefit
of Developer;
c) Developer shall grant a utility and franchise utility easement to the City on
Parcel C.
d) Developer shall grant a roadway, utility and franchise utility easement to the
City on Parcel D.
THEREFORE, in consideration of the premises, the mutual covenants and
agreements herein contained, the City and the Developer do hereby covenant and agree as
follows:
1. CONVEYANCE AND CONSIDERATION:
For the consideration and on the subject to the terms, provisions, and conditions hereinafter
set forth, the City agrees to convey via Quit Claim Deed to the Developer the real property
described above as Parcel A, retaining easement rights on Parcel A, and City agrees to
facilitate a utility easement to FPL on Parcel B for the benefit of Developer, in
consideration for the grant of utility and franchise utility easement by the Developer to the
City on the real property described above as Parcel C, and a roadway, utility and franchise
utility easement to the City on the real property described above as Parcel D, together with
all and singular the rights and appurtenances pertaining to the real property, including any
right, title, and interest of the Developer in and to adjacent streets, alleys, or rights-of-way.
2. CONDITIONS TO OBLIGATIONS OF THE CITY
The obligations of the City to consummate the exchange as contemplated by the terms and
provisions of this Agreement are subject to the satisfaction of each of the following
conditions:
a) Requirement of Survey.
The Developer shall furnish to the City a current plat of survey of Parcel C and Parcel D
prepared by a licensed and registered surveyor or engineer.
The City will have ten (10) days after receipt of such survey to review and approve same.
In the event any portion of such survey is unacceptable to the City, then the City shall
notify Developer of such fact. If Developer chooses not to take actions to correct
unacceptable portions of the surveyor is unable to do so, the City may terminate this
Agreement.
b) Acceptability of Title. The Developer shall provide to City an opinion of title prepared
by Developer relative to Parcel C. The City shall give the Developer written notice on or
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before the expiration of ten (10) days after receiving the opinion of title that the opinion of
title as set forth therein is or is not satisfactory. In the event the opinion is reported as not
satisfactory, it will be documented by title examination, provided at the expense of the
Developer. On receipt thereof the Developer shall promptly undertake to eliminate or
modify all objections to the reasonable satisfaction of the City. In the event the Developer
is unable to respond to objections within ten (10) days after receipt of written notice, this
Agreement shall thereupon be null and void for all purposes; otherwise, said condition
shall be deemed to be acceptable and any objection thereto shall be deemed to have been
waived for all purposes.
c) Estoppel Letter. The Developer shall deliver to the City an "estoppel letter" signed by
the holders of any existing indebtedness secured by Parcel C and Parcel D, stating: (1) that
as of the closing date no default exists under either the deed of trust or mortgage or notes
or any instruments securing the payment of same; (2) that all installments of principal and
interest payable to the date of closing have been paid; (3) the amount ofthe unpaid balance
of the notes; and (4) that there have been no modifications or amendments to such note or
deed of trust or mortgage instruments, and (5) that as mortgagee it consents and approves
the granting of easements to the City of Boynton Beach.
3. REPRESENTATIONS AND WARRANTIES OF DEVELOPER
Developer hereby represents and warrants to the City as follows:
(1) There are no parties in possession on any portion of Parcel C or Parcel D as lessees,
tenants at sufferance, or trespassers;
(2) There is no pending or threatened condemnation or similar proceeding or assessment
affecting Parcel C and Parcel D, or any part thereof, nor to the best knowledge and belief
of Developer is any such proceeding or assessment contemplated by any governmental
authority;
(3) Developer has complied with all applicable laws, ordinances, regulations, statutes,
rules, and restrictions relating to Parcel C and Parcel D described herein, or any part
thereof;
(4) Parcel C and Parcel D have full and free access to and from public highways, streets, or
roads and, to the best knowledge and belief of Developer, there is no pending or threatened
governmental proceeding which would impair or result in the termination of such access.
4. REPRESENT A TIONS AND WARRANTIES OF THE CITY
The City hereby represents and warrants to Developer as follows:
(1) There is no pending or threatened condemnation or similar proceeding or assessment
affecting Parcel A and Parcel B, or any part thereof, nor to the best knowledge and belief
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of the City, is any such proceeding or assessment contemplated by any governmental
authority;
(3) The City has complied with all applicable laws, ordinances, regulations, statutes, rules,
and restrictions relating to Parcel A and Parcel B described herein, or any part thereof;
(4) Parcel A and Parcel B have full and free access to and from public highways, streets, or
roads and, to the best knowledge and belief of the City, there is no pending or threatened
governmental proceeding which would impair or result in the termination of such access.
5. CLOSING
The closing shall be via courier, overnight delivery or held at the office of GOREN,
CHEROF, DOODY & EZROL, P.A. located at 3099 East Commercial Boulevard, Suite
200, Fort Lauderdale, Florida 33308 on or before , 2005 (herein
referred to as the "closing date"). At the closing:
(a) The City shall:
(i) Deliver to Developer a fully executed Quit Claim Deed conveying title to
Parcel A.
(ii) Deliver to Developer a fully executed franchise utility easement to FPL on
Parcel B.
(b) The Developer shall:
(i) Deliver to the City a fully executed Easement, creating a perpetual utility
and franchise utility easement on Parcel C in favor of the City of Boynton
Beach.
(ii) Deliver to the City a fully executed Easement, creating a perpetual roadway,
utility and franchise utility easement on Parcel D in favor of the City of
Boynton Beach.
6. MISCELLANEOUS PROVISIONS:
(a) Nominal documentary stamps on the transfer of Parcel A shall be paid by the City.
(b) Recording fees shall be paid by Developer.
(c) This Agreement shall be construed under and in accordance with the laws of the State
of Florida and all obligations of the parties created hereunder are performable in Palm
Beach County, Florida.
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(d) In the event that any or more of the provisions contained in this Agreement shall, for
any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision thereof and this
Agreement shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first mentioned above.
Witness:
DEVELOPER
BOYNTON W A TERW A YS INVESTMENT
ASSOCIATES, LLC, a Florida limited liability co
By: P er Boynton, LLC, a Florida limited
Ii ity c pany, as its managing member
~~
~~
Date executed:
7J:lI/(}~
f f
CITY OF BOYNTON BEACH, a Florida
municipal corporation
ATTEST: ~ _ I
Yh.~
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Date executed: /0 .- '/ - t:? .~
AFF:'\C\'E:' ,~S' 1'0 fC'!t~ '
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h:\2004\040353\05-04-22 revised exchange of real property.doc
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LEGAL DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF LOT 24 AND 25 OF "DEWEY'S SUBDIVISION, CITY
OF BOYNTON BEACH" ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
1 PAGE 37 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID PARCEL
BEING DESCRIBED AS FOLLOWS: .
COMMENCE AT THE NORTHEAST CORNER OF LOT 24; THENCE ON AN ASSUMED
BEARING OF NORTH 89046'04" WEST ALONG THE NORTH LINE OF SAID LOT 24, A
DISTANCE OF 8.00 FEET TO A POINT ON A LINE 8,00 FEET WEST OF AND PARALLEL WITH
THE EAST LINE OF SAID LOT 24; THENCE SOUTH 01008'50" EAST ALONG SAID PARALLEL
LINE, A DISTANCE OF 15,00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
SOUTH 01008'50" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 83.03 FEET; THENCE
SOUTH 89046'04" EAST, A DISTANCE OF 8.00 FEET TO A POINT ON THE SAID EAST LINE OF
LOT 24; THENCE SOUTH 01008'50" EAST ALONG SAID EAST LINE AND THEN CONTINUING
ALONG THE EAST LINE OF SAID LOT 25, A DISTANCE OF 498.62 FEET TO A POINT ON THE
NORTH RIGHT OF WAY LINE OF BOYNTON BEACH BOULEVARD; THENCE NORTH 89050'16"
WEST ALONG SAID NORTH LINE, A DISTANCE OF 252.14 FEET TO A POINT ON A LINE
BEING 39.00 FEET EAST OF AND PARALLEL TO THE EAST RIGHT-OF-WAY OF FEDERAL
HIGHWAY; THENCE NORTH 00059'45" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF
267.53 FEET; THENCE NORTH 89055'00" WEST, A DISTANCE OF 25.24 FEET; THENCE
NORTH 45000'00" WEST, A DISTANCE OF 19.81 FEET TO A POINT ON THE SAID EAST RIGHT-
OF-WAY OF FEDERAL HIGHWAY; THENCE NORTH 00059'45" WEST ALONG SAID EAST LINE,
A DISTANCE OF 28.79 FEET; THENCE SOUTH 45000'00" EAST, A DISTANCE OF 32,25 FEET;
THENCE SOUTH 89055'00" EAST, A DISTANCE OF 16.60 FEET TO A POINT ON A LINE BEING
39.00 FEET EAST OF AND PARALLEL TO THE SAID EAST RIGHT-OF-WAY OF FEDERAL
HIGHWAY; THENCE NORTH 00059'45" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF
294.38 FEET TO A POINT ON A LINE BEING 15.00 FEET SOUTH OF AND PARALLEL TO THE
SAID NORTH LINE OF LOT 24; THENCE SOUTH 89046'04" EAST ALONG SAID PARALLEL
LINE, A DISTANCE OF 12.00 FEET TO A POINT ON A LINE BEING 51.00 FEET EAST OF AND
PARALLEL TO THE SAID EAST RIGHT-OF-WAY OF FEDERAL HIGHWAY; THENCE SOUTH
00059'45" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 237.55 FEET; THENCE
SOUTH 89046'04" EAST, A DISTANCE OF 10.00 FEET TO A POINT ON A LINE BEING 61,00
FEET EAST OF AND PARALLEL TO THE SAID EAST RIGHT-OF-WAY OF FEDERAL HIGHWAY;
THENCE SOUTH 00059'45" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 332.33 FEET
TO A POINT ON A LINE BEING 12.00 FEET NORTH OF AND PARALLEL TO THE SAID NORTH
RIGHT-OF-WAY OF BOYNTON BEACH BOULEVARD; THENCE SOUTH 89050'16" EAST
ALONG SAID PARALLEL LINE, A DISTANCE OF 214.85 FEET TO A POINT ON A LINE BEING
15.25 FEET WEST OF AND PARALLEL TO THE SAID EAST LINE OF LOTS 25 AND 24;
THENCE NORTH 01008'50" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 569.66 FEET
TO A POINT ON A LINE BEING 15.00 FEET SOUTH OF AND PARALLEL TO THE SAID NORTH
LINE OF LOT 24; THENCE SOUTH 89046'04" EAST ALONG SAID PARALLEL LINE, A DISTANCE
OF 7.25 FEET TO THE POINT OF BEGINNING,
AND TOGETHER WITH:
A PARCEL OF LAND BEING A PORTION OF LOT 25 OF "DEWEY'S SUBDIVISION, CITY OF
BOYNTON BEACH" ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1
PAGE 37 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID PARCEL
BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF BOYNTON
BEACH BOULEVARD AND THE EAST RIGHT-OF-WAY LINE OF FEDERAL HIGHWAY;
THENCE NORTH 00009'45" WEST ALONG THE SAID EAST RIGHT-OF-WAY LINE, A DISTANCE
OF 18.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00009'45" WEST
ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 12.00 FEET; THENCE NORTH
89050'15" EAST A DISTANCE OF 5.00 FEET; THENCE SOUTH 00009'45" EAST A DISTANCE OF
12.00 FEET; THENCE SOUTH 89050'15" WEST A DISTANCE OF 5.00 FEET TO THE POINT OF
BEGINNING;
SAID LAND BEING IN THE CITY OF BOYNTON BEACH, PALM PEACH COUNTY, FLORIDA
CONTAINING 22,210 SQUARE FEET (0.510 ACRES), MORE OR LESS.
/l,{ct I C
This Instrument Prepared by and Return to:
Donald J. Doody, Esquire
GOREN, CHEROF, DOODY & EZROL, P.A.
3099 E. Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Ros -lCo6
Ex:h~b'T 12>
QUIT CLAIM DEED
THIS QUIT CLAIM DEED made this _ day of August, 2005 by and between
City of Boynton Beach, a Florida municipal corporation, whose post office address is 100
East Boynton Beach Blvd., Boynton Beach, Florida 33425 (hereinafter referred to as
"Grantor") and Boynton Waterways Investment Associates, LLC, a Florida limited
liability company whose post office address 155 South Miami Avenue, Penthouse 2-A,
Miami, Florida 33130 (hereinafter referred to as "Grantee"). "Grantor" and "Grantee" are used for
singular or plural, as context requires.
WITNESSETH:
That said Grantor, for and in consideration of the sum ofTEN ($10.00) DOLLARS in
hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby
remise, release, and quit-claim unto the said Grantee forever, all the right, title, interest, claim
and demand which the said Grantor has in and to a small strip of land of approximately 784
square feet situate, lying and being in the County of PALM BEACH, State of Florida, and
more particularly described as follows:
A parcel of land being a portion of Lot 24 of DEWEY'S SUBDIVISION, CITY OF
BOYNTON BEACH, according to the plat thereof, as recorded in Plat Book 1, Page 37 of
the Public Records of Palm Beach County, Florida, said parcel being described as
follows:
Begin at the Northeast corner of Lot 24; thence on an assumed bearing of South
01008 '50" East along the East line of said Lot 24 a distance of 98.03 feet; thence North
89046 '04" West a distance of 8.00 feet to a point on a line being 8,00 feet West of and
parallel with said East line of Lot 24; thence North 0l"08'50"West along said parallel
line a distance of 98,03 feet to a point on the North line of said Lot 24; thence South
89046'04" East along North line a distance of 8.00 feet to the Point of Beginning.
Said land being in the City of Boynton Beach, Palm Beach County, Florida, containing
784 square feet, more or less.
SUBJECT TO Grantor's perpetual right to retain a utility easement over, under,
across and upon the property.
TO HAVE AND TO HOLD the same together with all and singular the
appurtenances thereunto belonging or in anyway appertaining, and all the estate, right, title,
interest, lien, equity, and claim whatsoever of the said Grantor, either in law or equity, to the
only proper use, benefit, and behalf of the said Grantee forever.
IN WITNESS WHEREOF, Grantor hereunto sets Grantor's hand and seal the day and
year first above written.
Signed, sealed, and delivered
in thie:en.ce of;
&r a~~~' Yl7 oat;
~ss
. {1J n' ~ /vi (Ja -fs
(Print Name)
C(J,vt ruJ~
Wt:tSS
D. (0 I V)1Cl k.Uk ~
(Print Name)
CITY OF BOYNTON BEACH, a Florida
municipal corporation
<:s:
'''''\
~~
ST A TE OF FLORIDA
COUNTY OF PALM BEACH
--If.. 0 d'l> be r'
The foregoing instrument was acknowledged before me this I () day of Atl~tlM, 2005 by
0err~ TIA.YLoR.,as M&lYor of the City of Boynton Beach,
Florida, on ehalf of the City, who is 6ersonally known to me or has produced a Florida
Driver's License as identification.
~~~'r
NOTARY PUBLIC
H:\2004'040353'05-08-15 Revised Quit-Claim Deed BB-784.doc
2
Work Request No.1
Sec.OO , Twp 00 S, Rge 00 E
Parcell.D.
(Maintained by County Appraiser)
Form 3722-A (Stocked) Rev. 7/94
EASEMENT
This Instrument Prepared By
Name: Dan R. AQustin
Co. Name: Florida Power & Liqht Comoany
Address: P.O. Box 025576
Miami. Florida 33102
pg 1 of 1.
The undersigned, in consideration of the payment of $1.00 and other good
and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, grant and give to Florida Power & Light Company, its
licensees, agents, successors, and assigns, an easement forever for the
construction, operation and maintenance of overhead and underground
electric utility facilities (including wires, poles, guys, cables, conduits and
appurtenant equipment) to be installed from time to time; with the right to
reconstruct, improve, add to, enlarge, change the voltage, as well as, the size
of and remove such facilities or any of them within an easement 1Q feet in
width described as follows:
Reserved for Circuit Court
The West 10 feet of Lots 23 and 26 of DEWEY'S SUBDIVISION, CITY OF BOYNTON BEACH, according to the plat thereof,
as recorded in Plat Book 1, Page 37 of the Public Records of Palm Beach County, Florida, less any portion of said Lot 23 lying
South of the North Right-of-Way of Boynton Beach Boulevard,
Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable
and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said
premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the
easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the
easement area which might interfere with or fall upon the lines or systems of communications or power transmission or
distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove
granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through
said property.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on 0 C 1 () h r L IU ,20 O~-
~'.'.:'.
'- .J.u jI
\:I2--7f.vV. . V ~ ----
: (Gra r's signature)
Print N~me: li: . , v ,L
Print Addn",,, 100 E ~~~H "Blvd.
~(\r~FL ~t./3S-
Signed, sealed and delivered
in th~pr.esence of:
r " J:;
U~/vn~,
/' (Witness'Signature)
Print Name: ~ OLOr-l e...- Iv\. oCtf~
(Witness)
By:
~[!'-lU-t r~t(Jcv~
f'.. .,. (Witness' Si.gna..tu.re)( J
Print Name: \!O. i C I tV\((. U-U\. ..e-L.,
(Witness) cr-
By:
(Grantor's signature)
Print Name:
Print Address:
STATE OF /::::k~,J~_ AND COUNTY OF fJu//7J Pt.7.<h.h ' The foregoing instrument was acknowledged before me this
I o~day _Qf_L:;('f~_~~~~ ~ by ') < (< 1< 1 T'c~ J 10 Ii.. , and
~perSOnallY known to ~ or has(have) produced as identification, and who
did (did not) take an oath, (Type of Identification)
My Commission Expires:
.--f{~< .~. /~ I'*---u-d-e........ ~~~~~''P:;", Barbara M M dd
N ta P bl' S' t . ,.~,6',,~ C . a en
o ry u IC, Igna ure gt(Jt\c;~ o~Dn#DDI252
- _. .",,_ ~-''''''']u1y 74
-;. ~"-..; ....~.: -1'''~ 19, 2006
Print Name ",f.,,<'r-\)~,," Bonded ThrU
""',, At:la.ntic Bondin C
g D., Inc.
~TOFORM:
: G:
CITY ATTCRNEY