Loading...
R98-051RESOLUTION R98-,5'/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A SUBORDINATION OF ENCUMBRANCE TO PROPERTY RIGHTS AGREEMENT SUBORDINATING THE CITY'S EASEMENT TO PALM BEACH COUNTY, FLORIDA'S INTEREST IN THE RIGHT-OF-WAY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has had a utilities easement adjacent to Congress Avenue between Old Boynton Road and Boynton Beach Boulevard since 1981; and WHEREAS, the construction of the Boynton Commons shopping center required the addition of a turning lane, and the subsequent dedication of affected property to Palm Beach County, Florida for right-of-way purposes; and WHEREAS, the City Commission of the City of Boynton Beach, based upon staff recommendation, finds it necessary and in the City's best interests to execute a document subordinating the City's easement to the County's right-of-way. 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, Florida does hereby authorize and direct the Mayor and City Clerk to execute a Subordination of Encumbrance to Property Rights subordinating the City's easement to the Palm Beach Subordination of Encumbrance to hereto as Exhibit "A". Section 2. County right-of-way. A copy of the Property Rights Agreement is attached This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this/Z' day of /'//,¢,e~/ .1998. CITY OF BOYNTON BEACH, FLORIDA Mayor ,/ ~Tic~e Mayor Commissioner ' Cpm/mi~ioner /// ~ommi~sioner ATTEST: Cit~ Clerk ,. :': '"'"?-~ GULFSTRF2~H BANK EASEMENT ~.~.:',.': ?.?,..;,,:? · SCIIEDULE ~At PROPERTY DESCRIPTION A parcel of lan~ lying in Section 19 and 30, Township 45 South, Range 43 East, Palm Beach County. Florida, said parcel being a portion of Tract~ 44, 40 and 39 of the Plat of Subdivision of Section 19. Township 45 South, Range 43 East as recorded in Plat Book ?, Page 19 and a portion of Lots A and B, Block 4 of the Palm Beach Connty Farms Co. Plat No. 8 as recorded in Plat Book 5, Page 73 of tile Pubtic Records of Palm Beach County, Florlda, sai,1 lnnd being more part icul~rly described as follows: Co~encin~ at the Nc~=~lua=t corner of Suction 30, Town~hip 45 Range 43 East, thence with a bearintj r~[ S. 87° 57' 53" W. alo~-j the North line of Section 30, a dlstnnco of 50.00 feet ~o a point on West right-of-way line of Congress ~venue, s~id poin~ bt~in(] the of Beginning; thence continue along the aforumention{:d cour~;~' (.xtu~dud a distance of 937.65 feet to a point~ thence with a bearing of S.0°53'37" E. a distance of 256~03 feet to a point; on the North right-of-way line of New West Boynton Road; thence with a bearing of S. 87° 57' 53" W. along'the aforementlon~d right-of-way of Boynton Road a distance 80.00 feet to a ~int; thence with a bearing of N. 0° 53' 37~ W. a distan6e o~ 296.03 feet to a ~in~; thence with a bearing of N.68°28'54'' E. a distance of 659.48 feet ~o a point; thence with a bearing of 87° 57' 53" E. a distance of 400.00 feet to a point on the west right- of-way of Congress Avenue~ thence with a bearing of S. 0° 57' 37" along the West r~ght-of-wa~ line of Congress Avenue a distance of 300.~0 feet ~re or less to the point 0f Beginning. EASEMENT DESCRIPTION The West ten (l~i':.feet of the East twenty (20) feet of the above described property as measure~ parallel and perpendicular to the East proper ty .~ l~ne'. use of the surface b~ parties Of the first par~ reasonably practicaL. Should party o~ the second pert perform any excava- tion or other work in the easement area, it shell, at ~te ~n expense, restore the easement area to l~ con~t [o~ ~mnod~u~y ~rior ~o Buch' ~xcavation or work an~ agreen that ~t sha~ a~ays conduct that woTk ' ~n ~uch a way Be no~ bo ~ruc~u~e, even ~em- porar~y~ co~e=c~a~y reasonable access to the pro[~er~y of the parties of. the:-. ~lret part from rung=ese Avenue and It L~ under- st~ that .. th~'~co~itmente and agreements of the ~arty o~ tho secon~ part~. ~6~eUn~er ehalZ Lnu=e to the bene~ of the ha~rs, successors and~'~'BS~gns .of, the parties o~ the first part. TQ HAVE ..AND'TO HO~D THE SAME u~to tho second par=y, L~s suc- cessors and ass~'gns ~orever. IN WITN~S ~EREOF, 'para,es o~ the ~rst part have heret' ~to se~ thei= han~s' an~ seals the date ~rs~ a~ve written. S£gned0 sealed & delivered in the presence 'My Commission Expires: STATE OF FLORIDA ) ) COUNTY OF PALM [~EACll ) BEFORE ME, the undersi~ned authority, per.~onall¥ appeared ~IL~- ~Y WINCIIESTER and ELSIE A. WI~CIIESTER~ to me well ka~n a~d kn~n to m~ tO be the individuals described In and who execute~] executed ~he same for the purposes therein e~pressed. WITNESS ~ hand and o~f~cLa~ seal thLe /~ ci~y of. tary Public, Stat~-o[ Fior~ a-~ -2- r, al.M II~ACI'i cOuNTY. I:tJ. o ,,,, t/1 Z .cu 1, I,~1 ~,~ I ~~ ~ ~, E~ ~ ~/ ~ - . m I ~ ~ ~' ~rr~ r I m I I ~ffi~ I ~ ~ ~--~ I ' * . z- z ~ SOUTHEAST COgNER ~ ~I ~SEC tg - TNP 4SS - ~GE 42E =~ o I 1 sa~'37' ~'~ / =' S88'37' 7' ~ ~ Bgs. 66' SKETCH OF DESCR I PT I 0N THIS IS NOT A SURVEY TRACT 'D', REPLAT OF BOYNTON CONMONS .  PROFESS i ONAL REV I S IONS:I CAD F I LE: 03a-SO2 ' SURVEYORS & ~APPERS SCALE: ATLANT lC - CAR I BBEAN NAPPI N6, INC. P.OUECT95_038 3062 ~06 ROAD - 6REENACRES, FLOR I DA 33467 [56~] 964-7884 - FAX [~6t] g64-t969 ~ ~ t2-~ SHEET affixed 5o said instrumen5 is the corporase seal of said corporauion and that it was affixed thereto by due and regular corporase authorisy; they are duly authorized by said corporation to execute said instrument and that said instrument is the free act and deed of said corporation. IN WITNESS WHEREOF I have hereun5o seu my hand and affixed my official seal this~ day of January, 1998. My Commission Expires: My Commission No.: My Notary Seal: Print Name of Notary Notary Public State of Florida j: \7 \CLIENTS\STILLER\TITLE\CITYCNTY. SUB/1025-005/1/16/98/j j SUBORDINATION OF ENCUMBRANCE PAGE TWO (2) (CORPORATION) Project No. Parcel No. the County of Palm Beach, Florida, to locate, construct, maintain and/or improve said project over, through, under and/or across the following described lands, being a portion of the encumbered premises in Palm Beach County, Florida, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE FOR LEGAL DESCRIPTION AND SKETCH OF PROPERTY insofar as said premises are affected by the following described encumbrances now held by the undersigned: NATURE OF ENCUMBRANCE DATE OF INSTRUMENT/DATE OF RECORDING FROM IN FAVOR OF (1) lO' utility Easement 07/31/81 12/29/81 Gulfstream Bank City of Boynton Beach (recorded in O.R. Book 3649/Page 1132 Public Records Palm Beach County, FL) (2) 10' Utility Easement 11/16/81 12/29/81 Bill Ray & Elsie A. Winchester to City of Boynton Beach (recorded in O.R. Book 3649/Page 1134 Public Records Palm Beach County, FL) Provided that the costs of relocation or removal of any facilities owned by the easement holder within the easement area shall be borne by the Palm Beach County.