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R97-204RESOLUTION NO. R97-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING AS A CITY STREET THE PROPOSED ACCESS ROAD FROM NE 6TM STREET INTO PROPERTY OWNED BY THE BANANA BOAT RESTAURANT UPON COMPLETION OF CONSTRUCTION OF THE ROAD BY THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH STATE PROJECT NO. 93200- 3505; ACCEPTING A QUITCLAIM DEED FROM THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UPON COMPLETION OF THE ACCESS ROAD; NAMING SAID ROADWAY ~ BANANA BOAT WAY" ; AND PROVIDING AN EFFECTIVE DATE. W~EREAS, the Florida Department of ~ransportation (FDOT) has undertaken State Project No. 93200-3505 to construct or improve State Road 804, a/k/a Ocean Avenue, in Boynton Beach, Florida; and WHEREAS, FDOT has requested that the City of Boynton Beach accept as a city street the proposed access road to the Banana Boat Restaurant Property; and WHEREAS, City staff and representatives have met on a number of occasions to address the concerns that the Technical Review Committee and City staff have with the FDOT plans; and WHEREAS, the City of Boynton Beach has preciously accepted the plans for State Project No. 93200-3505, signifying its acceptance of the plans to construct the access road; and 11/19/97 WHEREAS, upon completion of the road, the State of Florida Department of Transportation will execute and deliver to the City of Boynton Beach a deed, or deeds, in favor of the City of Boynton Beach conveying all rights, title and interest that the FDOT has in and to said lands; and WHEREAS, the City Commission of the. City 'of Boynton Beach does hereby accept the proposed access road to the Banana Boat Restaurant property upon its completion by FDOT. 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 hereby accepts the proposed access road from N.E. 6tn Street to the Banana Boat Restaurant property, as shown on FDOT plans for State Project No. 93200-3505, for improvements to State Road 804 (Ocean Avenue) in the City of Boynton, and naming said roadway "Banana Boat Way" The legal description for the access road is attached hereto and incorporated herein as Exhibit "A." Section 2. That upon completion of the access road, the City of Boynton Beach will accept the deed of the land or lands described in Exhibit "A," said deed in a legal form approved by the City Attorney. Section 3. That this Resolution shall become 11/19/97 effective immediately upon passage. PASSED AND ADOPTED this /~ day of December, 1997. ATTEST: Cit~ Clerk CITY OF BOYNTON BEACH, FLORIDA Vice Mayor Commissioner Commissioner 11/19/97 ACKNOWLEDGMENT THIS ACKNOWLEDGMENT, made this '~2 ~']~ day of November, 1997, by the FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter "FDOT"), an agency of the State of Florida, whose District IV address is 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309-3421. WHEREAS, FDOT is the State Agency in charge of overseeing the improvements made on State Road 804 (East Ocean Avenue) in Boynton Beach, Florida, State Project No. 93200-3505 (hereinafter "Project"); and WHEREAS, in connection with the Project, FDOT retained Crossroads Engineering and Surveying Inc. to assist with expert civil engineering services; and WHEREAS, the City of Boynton Beach has been asked by the FDOT to accept an access road from Northeast 6th Street to the property owned by ALENE MOLLE and VINCENT MOLLE, on which the BANANA BOAT RESTAURANT presently operates; and WHEREAS, City of Boynton Beach staff members are reviewing the plans for the access road, and, before accepting the access road the City requires confirmation from FDOT that FDOT is the sole condemning authority for property acquired by FDOT for the completion of the Project; and that the City of Boynton Beach shall not be responsible in any manner as the condemning authority of property acquired by the FDOT for the completion of the Project; and WHEREAS, upon execution of this acknowledgment and the approval of the Project plans for the access road by City Engineers and/or the Development Department, the City Commission will consider whether to accept the access road described herein. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations paid the City of Boynton Beach to FDOT, receipt of which is hereby acknowledged by both parties, FDOT hereby acknowledges and agrees as follows: 1. The above "whereas" clauses are tree and correct. The FDOT is the sole condemning authority of the real property described in Paragraph 3, herein; Under no circumstances whatsoever shall the City of Boynton Beach be considered the condemning authority and-the Department will not look to the City for the assessment of any damages therefor, for activities pursuant to State Project No. 93200-3505; the affected area for the access road being the following described lot, piece or parcel of land, situate, lying and being in the County of Palm Beach, State of Florida, to wit: SEE ATTACHED EXHIBIT "A" As the sole condemning authority, FDOT is solely responsible for those damages compensable by law, which stem directly from said condemnation. 5. This document may be recorded in the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, an authorized signatory for the FLORIDA DEPARTMENT OF TRANSPORTATION hereunto sets his/her hand and seal this day and year first above written. Signed, sealed and delivered in the presence of: Print Name FLORIDA DEPARTMENT OF TRANSPORTATION 1 Print Name / Title Witness Print Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this 1997, by ~ l C.¢X C-~c'xe_ .% ~ q_ C personally known to me or have produced identification. day of/5/0 t/em ge,", , who are as My Commission Expires: NOTARY PUBLIC Print or Type Name oO ACCESS ROAD LEGAL DESCRIPTION: A PORTION OF LOTS 13, 14, 15, AND 16, PLAT OF "CASA LOMA", AS RECORDED IN PLAT BOOK 11, PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 30.00 FEET WIDE LYING 15.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCE AT THE NORTHEAST CORNER OF LOT 16, PLAT OF "CASA LOMA" RECORDED IN PLAT BOOK 11, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 00° 09' 06" WEST, ALONG THE EAST LINE OF SAID LOT 16, A DISTANCE OF 31.16 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89° 49' 45" WEST, PARALLEL TO AND 31.16 FEET SOUTH OF THE NORTH LINE OF SAID LOT 16, A DISTANCE OF 209.98 FEET TO THE EXISTING EAST RIGHT OF WAY LINE OF N.E. 6TH STREET. SEPTEMBER 5, 1997 EXHIBIT "A" ( EASEMENT THIS INDENTURE made this 26 day of SeptembE; A.D., 2( + B FIRST FINANCIAL PLAZA Q'NIDQVIINILM ASSOCIATION. I `K a corporation existing under the laws of HDRIDA .. 3�r'n B V and having its principal place of business at 6 39 East Oc�:an A vE cn acli � Florida, 33435 first part, to the City of Boynton Beach, a political subdivisic i 1 c . ' 1 he Stu; e of Florida, second party: (Wherever used herein, the terms, "first party" an 1 "s c c )n i party" shall include singular and plural, heirs, le al representatives and assigns of individuals and th : su c c and assigns of corporations, wherever the context so is lm its )1 requires) WITNESSETH Whereas, the first party is the owner of property situate in Palm Boac:h County, Florida, and described as follows: PCN 08" 13- S -27 -S -U(k - (/01c - yoto - - - - - - - Legal Description: See attached and, WHEREAS, the second party desires an easement for storm+ atc ; • rti l it i and/or other appropriate purposes incidental thereto, on, over an: I ccr o1: ; :;a i c Property, and, WHEREAS, the first party is willing to grant such an easemt»t, NOW, THEREFORE, for and in consideration of the mutual (:ov e; t( h to the other running and one dollar and other good and valual)le considerations, the first party does hereby grant unto the part ) o; tl ie sec o n :1 part, its successors and assigns, full and free right and author y I) cons t n is 1., maintain, repair, install and rebuild facilities for above stated ) r)osc:s n 3 does hereby grant a perpetual easement, on over and across tl i e a hove Sve described property for said purposes. In the event subjcrei, l i 3 abandoned by Grantee, title thereto shall revert '.o °altui, t successors or assigns. 0101 Ft karat.) _.:(.1? = ACE 1 785 IN WITNESS WHEREOF, the first party has caused these presents to be duly executed in its name and its corporate seal to be hereto affixed, attested by its proper officers thereunto duly authorized, the day and year first above written. Signed, sealed and delivered In the presence of: Signature FIRST FINANCIAL PLAZA •e; IDS IUVI ASSOCIATION INC. a Florida •_ :. Barbara A. Ranta Print Name Rfe en yl ley, Jr. • 0 ,N&X.Ox—ATi'UST: � Signature Secreta Gene Moore Andrea Hathcock Print Name (CORPORATE SEAL) ji r2 STATE OF FLORIDA -1 COUNTY OF PALM BEACH • I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, Personally appeared l' S J. vtOOLLEY, JR. , and GENE NDORE well known to me to be the President and Secret respectively, of the Corporation named as first party in the foregoing Easement and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily, under authority duly vested in them by said Corporation, and that the seal affixed thereto is the true Corporate seal of said Corporation. WITNESS my hand and official seal in the Country and State last aforesaid this 26 day of September A.D., 200 1 . s Notary Public in and for the State and County aforesaid. My commission expires: Barbara A. • OFFICIAL NOTARY ''L d BARBARA A RA.\ NOTARY PUBLIC STATE OF Fi3O COMMISSION N.(' t'Co;.4 MY COMME SI0ti BOOK 13109 PAGE 1786 Dorothy H. Wiiken, Clerk EAST BOYNTON BEACH BOULEVARD (BASIS OF BEARINGS) NORTH LINE OF SECTION 27, TOWNSHIP 45 S., RANGE 43 E. N 89'55'38" E 366.27' 1 1 - POINT OF COMMENCEMENT I a NORTHWEST CORNER OF SECTION 27 13 N TOWNSHIP 45 SOUTH, RANGE 43 EAST I LL 1 1w _ O n o Q 0 1 ~v I w� w SOUTH RIGHT-OF-WAY — 1 /, LINE OF EAST BOYNTON U of p W BEACH BOULEVARD t of z z ( ll I .6 4 N o wU.1 S 89'55'38" W 11.33' _ W c'31 w f � 6 J NI r t Q I Z I= . W h 4 W I �°' a No LL, POINT OF BEGINNING � p� S 01'44'00" E 1 10.99' I LEGAL DESCRIPTION FOR 8' WIDE DRAINAGE EASEMENT BEING A 8 FOOT WIDE STRIP OF LAND LYING IN SECTION 27, TOWNSHIP 45 SOUTH, RANGE 43 EAST OF PALM BEACH COUNTY, FLORIDA; ALSO BEING IN A PORTION OF TRACT 39, DEWEY'S SUBDIVISION, AS RECORDED IN PLAT BOOK 1 PAGE 37 IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27; THENCE NORTH 89'55'38" EAST ALONG THE NORTH LINE OF SAID SECTION 27, A DISTANCE OF 366.27 FEET TO THE NORTHERLY EXTENSION OF THE EAST RIGHT -OF -WAY LINE OF NORTHEAST 6TH COURT; THENCE SOUTH 01'44'00" EAST ALONG SAID NORTHERLY EXTENSION OF EAST RIGHT -OF -WAY, A DISTANCE OF 70.01' TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 01'44'00" EAST ALONG SAID EAST RIGHT -OF -WAY LINE, A DISTANCE OF 10.99 FEET; THENCE NORTH 44'59'16" EAST, A DISTANCE OF 50.91 FEET TO THE SOUTH RIGHT -OF -WAY LINE OF EAST BOYNTON BEACH BOULEVARD; THENCE SOUTH 89'55'38" WEST ALONG SAID SOUTH RIGHT -OF -WAY LINE, A DISTANCE OF 11.33'; THENCE SOUTH 44'59'16" WEST ALONG SAID SOUTH RIGHT -OF -WAY, A DISTANCE OF 36.35 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.008 ACRES± MORE OR LESS. LAND SURVEYOR'S STATEMENT I HEREBY CERTIFY THAT THE SKETCH SHOWN HEREON IS A TRUE AND CORRECT REPRESENTATION OF THE ACCOMPANYING DESCRIPTION AND COMPLIES WITH THE TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17 -6, F.A.C., BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. NOT VALID UNLESS SEALED WITH SURVEYOR'S EMBOSSED SEAL AND SIGNATURE. F.R.S., AND ASSOCIATES, C. BY:__ - � "_,' G S, R.L.S. FLORIDA C , ' CATION NO. 4817 THE FIRM THIS IS NOT A BOUNDARY SURVEY THIS IS NOT A BOUNDARY SURVEY F.R.S. i ASSOCIATES, INC. SCALE: 1' • 20' DRAWN BY: T.C F.B. N/A FR GAOL) REF. A LAND SURVEYORS AND LAND PLANNERS DATE: 07 -30-01 APPR. BY: G.P.W. PG. N/A DESCRIPTIONVNIAINAGE EASEMENT CERTIFICATE OF AUTHORIZATION NO. LB 4241 SKETCH 8c LEGAL DESCRIPTION JOB NUMBER: 901 NORTHPOINT PARKWAY, SUITE 301 AS WEST PALM BEACH, FLORIDA 33407 -1953 OF 8 FOOT DRAINAGE EASEMENT A2K -01 0 PHONE (561)478 -7178 FAX (561)478 -7922 FOR CITY OF BOYNTON BEACH SHEET 1 OF 1