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