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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. 15 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: 29 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 II "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 I! 3 lito execute the Easement dedication to Florida Power & Light attached hereto as Exhibit "C", [ , 4 II i i I ! Section 3. That this Resolution will become effective immediately upon passage. 5 6 7 8 9 10 11 12 PASSED AND ADOPTED this ~ day of Oc,robe( , 2005. CITY OF BOYNTON BEACH, FLORIDA 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S:\CA\RESOiReal EstateiPromenade Land Exchange.doc Return to: (enclose self-addressed stamped envelope) Name Address: \1\l111~11111111111~1\11 ,'.! f.l..CH . ' '-';- ~ ~: F l C ~ CFN ~0050669B60 - ciR B~ 19456 PG ~5~~ RECORDED 10/31/2005 10~~0.49 C ty Flor1da Palm Beach o~nCLERK & COMPTROLLER C;ha1'Clfl R. Boc . . - ~c4~ - c:.J~~' (10pgs) Pgs ",-''':' . .~... ~ - ,,\ r.l; ro' ~." ~ ~ \G: 5;J ., Office of the City Clerk City of Boynton Beach P. O. Box 310 Boynton Beflch, Florirlil 33425 Ro6"-lbb 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: 2 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 3 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 4 ~g-lbb 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: 2 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 3 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 4 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. 5 (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.~ ~;,~~ Date executed: /0 .- '/ - t:? .~ AFF:'\C\'E:' ,~S' 1'0 fC'!t~ ' ~~ . -. ~-_.;.----'~:...;~.....~.'"'l .._-~-~------,.....-! h:\2004\040353\05-04-22 revised exchange of real property.doc 6 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