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
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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.