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R07-056 II 1 2 3 4 5 6 7 8 9 10 11 RESOLUTION R07- oSlo A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A RIGHT-OF- WAY WARRANTY DEED CONVEYING PROPERTY TO PALM BEACH COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the parcel of land, consisting of approximately 920 square feet, 12 previously contained a n active sewage lift station which was owned and operated by the 13 City of Boynton Beach; and 14 WHEREAS, That lift station has now been replaced with a new lift station 15 constructed and the subject site in no longer required fro utilities purposes and should be 16 relinquished to the County; and 17 WHEREAS, upon the recommendation of staff, the City Commission deems it to 18 be in the best interests, safety and welfare of the citizens and residents of the City of 19 Boynton Beach to authorize the Mayor and City Clerk to execute the Right-of-Way 20 Warranty Deed conveying a former lift station parcel which is adjacent to Old Boynton 21 Road. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 23 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are true and correct and are 25 hereby ratified and confirmed by the City Commission. 26 Section 2. The City Commission of the City of Boynton Beach, Florida, 27 hereby authorizes the Mayor and the City Clerk to execute the Right-of-Way Warranty 28 Deed conveying to Palm Beach County a former lift station parcel adjacent to Old S:\CA\RESO\ROW Warranty Deed.doc Prepared by: Michael A. Schroeder, Esq. SCHROEDER AND LARCHE, P.A. 120 East Palmetto Park Road, Suite 150 Boca Raton, Florida 33432 (561) 241-0300 Property Control No. 08-43-45-20-00-000-0091 K07-DS"b RIGHT-OF-WAY WARRANTY DEED THIS RIGHT-OF-WAY WARRANTY DEED made this J2- day of 1'1 AV ,2007, between CITY OF BOYNTON BEACH, a Florida Municipal corporation, having its principal place of business at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435, hereinafter called the Grantor, and PALM BEACH COUNTY, a political subdivision oftbe State of Florida, whosemailingaddressis301N.OliveAvenue.Suite 601, West Palm Beach, Florida 33401, hereinafter called the Grantee. WITNESSETH: That Grantor, for and in consideration ofthe sum ofTen ($10.00) Dollars and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells and conveys unto Grantee and Grantee's successors and assigns forever, all that certain land situate in Palm Beach County, Florida, to-wit: See Exhibit "A" attached hereto and made a part hereof. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. THIS CONVEYANCE IS MADE SUBJECT TO ad valorem real property taxes and assessments for the year 2007, and applicable zoning and other land use laws, ordinances, regulations and restrictions and the matters described on Exhibit liB" attached hereto and made a part hereof. S:\7\CLlENTS\SEMBLER\CITY LIFT srA TION CONVEY ANCE\DEED CITY COUNTY LFT STA OLD BOYN.wpd AND Grantor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered ~~^~. dJ ~~~d( Print Name CITY OF BOYNTON BEACH a Florida municipal corporation APPRO'"...:' T) f'"'O:::'1' ''''~'~GRANT~~:U ~ M:n ~y P'-!0P~IEY c~ ~ err -. Print Name STATE OF FLORIDA ) ) 55: COUNTY OF PALM BEACH ) The foregoing ins~nt was acknowledge~ befoJ~ me ~ j ~* day of 1Jt::Jc ' 2007 by::::TC/ZJ:Lf IIJ:!/ /-O/!. and JII;t'f 7 . '/l'/JJ VI 70 Mayor City Clerk respectively oftl1e C~ofBOynton Beach, a Florida municipal corporation, on behalf of the City. They are ~ personally known to me or have provided as identi fication. L~' Public, State of Florida My Commission Expires: My Commission Number: My Notary Seal: NOTARY PUBUC-STATE OF FLORIDA ~ Judith A. Pyle COI1J1I1ission # D0421 091 Expires: APR. 21 2009 Bonded Thru Atlantic Bonding Co., Inc. S:\7\CLIENTS\SEMBLER\ClTY LIFT STATION CONVEY ANCE\DEW CITY COUNlY LFT STA Ow BOYN.wpd EXHIBIT "A" LEGAL DESCRIPTION FOR LIFT STATION PARCEL OB-04A A parcel of land being a portion of the Unnumbered Lot adjacent to Lake Bessie as shown on the plat of PALM BEACH-MIAMI LAND AND DEVELOPMENT COMP ANY SUBDIVISION OF SECTION 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST as recorded in Plat Book 7, Page 20 of the public Records of Palm Beach County, Florida, said parcel being more particularly described as follow: COMMENCE at the Southwest corner of the Southwest One-Quarter (114) of said Section 20, Township 45 South, Range 43 East; THENCE on a grid bearing of NO 1022' 46"W along the West line of said Southwest One- Quarter (1/4) of said Section 20 a distance of 1222.48 feet to he centerline of Old Boynton Road; THENCE N89048'57"E along said centerline of Old Boynton Road a distance of 1192.54 feet; THENCE NOooll '03"W a distance of20.00 feet to a point on the North right-of-way line of said Old Boynton Road, said point also being the POINT OF BEGINNING; THENCE NOo040'57"E a distance of20.00 feet to a point on a line 20.00 feet North of and parallel with the North right-of-way line of said Old Boynton Road; THENCE N89048'57"E along said parallel line a distance of 46.01 feet; THENCE SOo040'57"W a distance of20.00 feet to a point on the North right-of-way line of said Old Boynton Road; THENCE S89048'57"W along said North right-of-way line a distance of 46.01 feet to the POINT OF BEGINNING; Said parcel situate with the City of Boynton Beach, Palm Beach, County, Florida containing 920.11 Square Feet:l:. EXHffiIT B PERMITTED EXCEPTIONS 1. Restrictions, covenants, conditions, dedications, easements and other matters as contained on the Plat of Sections 29 and 20, Township 45 South, Range 43 East, according to the Plat thereof, as recorded in Plat Book 7, Page 20 2. Aerial Easement in favor of Florida Power & Light Company recorded in Official Records Book 3231, Page 644. 3. Rights of Reverter as contained in Quit Claim Deed recorded in Official Records Book 2223 Page 752, of the Public Records of Palm Beach County, Florida All of the foregoing recorded in the Public Records of Palm Beach County, Florida, the recital hereof shall not serve to reimpose same. S:\7\Cl.lENTS\SEMBLBR\C1TY LIFT STA nON CONVEY ANCEI.DB!d CITY COUNTY LFT STA OLD BOYN.wpd ! ,I ( ," II (1aa::r- .. JIlt .ft.atJ0mt7R8. MUI'JfM .....ANNmI maw. LUll, JL.... I'HOIQ(I$"""'" rAX(Iq) ~ ~ IUM'IltlO .. IMPPlNI _ lIP' AI/1MOIIIfA'IlONl LI "... .. or P\AlIIIM SKETCH AND DE8CRPTION RlGHT-oF- 1\Y ACOUSmON - PARe 0B-04A SECTION 20 - TOM&P ~ 8OU1H - RANGe 43 eAST -.- =.e:. ..IOe..... A ptNOfII oIlt1nd WMr II MIrlIM oflhe IInntImIMnItI LG, fJII./OOMt to ,..... ___ ,. .,., an 1M """ .r PMJI1lEAI::II-IINII IAN(J AND OE'IELfJIW6NT ~ S(IIItlMSI()N ~ Rr:11fJN . NrID 14 TrJWN$H/P ~ SfJ(J1H, It4NfN 4S I'A6T' ". ~ III I'Irlt .. To flop MJ 01 ",. fI'uMifI ~ 01 him lIHt:h COUllCK FToridtI. .-M ptIfWI bII/IIfI trllW ~ tJucrtNd in ~ ~ ., 1M $~ t:WMf' 91 1M ~ OM-Qtcrrlw (1,/4) 91 .old SM:tIon ~ T~ 46 $ovth, Ifr1np -IJ E." 1IfEN<< on II Ff!I '-riI, of NtJI'II'H" """" tire IMNt 11M 91 HId ~ OM-QutImr (I/~) of "'" $~ ZO tI *'- of IRa.'" fH, t(1 U" ftnWfi1HI of Old ~ RtI4d.. 7HDICE NIIr"''67T .,.., IIfIItI ~ 91 DttI ,."." RotIfI II tIIdmiHI 01 "g2./H "'1: ~ . - 7HDK% NtXJ't 1 W'W {I tbtiIttH ., MA,(J() IWt tfI II po/ttt Oft 1M MIrlII =.t-ot-WV Ah. "..,d fJIr/ .....".... NId ptIInt t1Iao """ tM .~ tv .. ~ 1'HeNCC NOtT4D'!JrE (I dIItf1fffJII 01 2tJ.fXJ ,..., to II po/IIt till tI 11M 6f).(J(J fHt M1rlIf of f1MI fH1"III<< lrJfh ",. North dg/I""-fIIIfI)' 11M ., HIlI Old ..... RotHI; THEN<< I/M."''$TT tIItNt, Hid (NIffIIJM 11M tI ~ of "01 fHt: 1HENCE S<<1'<<J'6rw II .......,. of JNJ.(J() '"' 10 II poInI on II>> Norlh "rht-of-wy 1In. ., Wf/ tJItI .,.",. IINrI; TNtJICE S61''''~ ~... NfNIIt ~wtV IIH II *ttIItH of 46.(11,..' to ".. POINT 01" IN!rJ/NIIIINfJ; StIId """' ~ .w. tM CItY of ~ "..", PtlIm IJ<<N:h ~~ f1odrIfI, <<HI"""" .." ~ I'NI ~. IfaaIUrG Oo\tI: f!N SHaT 2 0'" 2 S:\4\COMMONWEALTH\HARTMAN\CITY OF BOYNTON LIFT STATION\O&E Lift Station. doc Schroeder & Larche, P.A. 120 East Palmetto Park Road, Suite 150 Boca Ratou FL 33432 (561) 241-0300 FAX: (561) 241-0798 Commonwealth Land Title Insurance Company OWNERSHIP AND ENCUMBRANCE REPORT Order No: 51317163CA Customer Reference No: 1891-00 I SISemblerlBoynton Lift Station This will serve to certify that Conunonwealth Land Title Insurance Company has caused to be made a search of the Public Records of Palm Beach County, Florida, ("Public Records") as contained in the office of the Clerk of the Circuit Court of said County, from August 10, 1973 through April 2, 2007, at 8:00 a.m., as to the following described real property lying and being in the aforesaid County, to-wit: See attached Scanned Exhibit "A" As of the effective date of this Report the apparent record fee simple title owner(s) to the above described real property is/are: City of Boynton Beach, as evidenced by that certain Quit Claim Deed recorded in Official Records Book 2223, Page 752, of the Public Records of Palm Beach County, Florida, for the City of Boynton BeachILift Station Parcel. The following liens against the said real property recorded in the aforesaid Public Records have been found: 1. NONE NOTE: THE FOLLOWING ITEMS ARE EXCEPTIONS THAT WOUW OTHERWISE BE SHOWN ON A POLICY IF ISSUED, THIS IS FOR INFORMATIONAL PURPOSES ONLY: a) Restrictions, covenants, conditions, dedications, easements and other matters as shown on the Plat of SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, according to the Plat thereof, recorded in Plat Book 7, page 20, oftbe Public Records of Palm Beach County, Florida. b) Easement as set out and reserved in Official Records Book 3231, Page 644, of the Public Records of Palm Beach County, Florida. Public Records shall be defmed herein as those records currently established under the Florida Statutes for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. This Report shows only matters disclosed in the aforesaid Public Records, and it does not purport to insure or guarantee the validity or sufficiency of any documents noted herein; nor have the contents of any such documents been examined for references to other liens or encumbrances. This Report is not to be construed as an opinion. warranty, or guarantee oftitIe, or as a title insurance policy; and its effective date shall be the date above specified through which the Public Records were searched. This Report is being provided for the use and benefit of the Certified Party only, and it may not be used or relied upon by any other party. This Report may not be used by a Conunonwealth Land Title Insurance Company agent for the purpose of issuing a Conunonwealth Land Title Insurance Company title insurance commitment or policy. S:\4\COMMONWEALTH\HARTMAN\CITY OF BOYNTON LIFT STATION\O&E Lift Station. doc In accordance with Florida Statutes Section 627.7843 the liability Commonwealth Land Title Insurance Company may sustain for providing incorrect information in this Report shall be the actual loss or damage of the Certified Party named above up to a maximum amount of$I,OOO.OO. IN WITNESS WHEREOF, Commonwealth Land Title Insurance Company has caused this Report to be issued in accordance with its By-Laws. Commonwealth Land Title Insurance Company BY: SCHROEDER AND LARCHE, P.A. Authorized Agent CITY CLERK'S OFFICE MEMORANDUM TO: Lynn Swanson Paralegal FROM: Janet Prainito City Clerk DATE: May 18, 2007 RE: Right-ot-Way Warranty Deed Attached for your handling is the original Right-Of-Way Warranty Deed that was approved by Resolution R07-0S6 on May 15, 2007. I have retained a photocopy in Central File. t!l::: 'tn. ~ chment S:\CC\WP\AFTER COMMISSION\City Attorney TransmittalsWear 2007\Transmittal of R-O-W WARRANTY DEED.doc