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R09-071 II I 1 RESOLUTION NO. R09-u 7/ 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ACCEPTING A REVISED PERPETUAL 5 ACCESS EASEMENT, MAINTENANCE AGREEMENT 6 AND DECLARATION OF RESTRICTIONS BETWEEN 7 THE CITY OF BOYNTON BEACH AND ST. ANDREWS 8 CLUB, INC., FOR THE PURPOSE OF INST ALLA TION 9 OF A SANITARY LIFT STATION NO. 101 AND 10 ASSOCIATED IMPROVEMENTS WITHIN THE 11 PROPERTY, AND PROVIDING FOR AN EFFECTIVE 12 DATE. 13 14 15 WHEREAS, on April 15, 2008, the City Commission approved and authorized 16 acceptance of a Perpetual Access Easement, Maintenance Agreement and Declaration of 17 Restrictions between the City of Boynton beach and the St. Andrews Club for Lift Station 18 101 ; and 19 WHEREAS, during construction of the lift station numerous uncharted underground 20 utilities which conflicted with the initial location and layout of the lift station were 21 discovered; and 22 WHEREAS, the City Commission upon recommendation of staff, deems it 23 appropriate to accept the Revised Perpetual Access Easement, Maintenance Agreement and 24 Declaration of Restrictions between the City of Boynton Beach and St. Andrews Club, Inc. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission of the City of Boynton Beach, Florida does S:\CA\RESO\AgreementMccess Easement(Amended)-St Andrews -LS I Ol.doc II I 1 hereby accept and authorizes the Mayor and City Clerk to sign the revised Perpetual Access 2 Easement, Maintenance Agreement and Declaration of Restrictions from St. Andrews Club, 3 Inc., for the installation of sanitary sewer lift station No. 101 and associated improvements 4 within the property. 5 Section 3. That this revised Perpetual Access Easement, Maintenance Agreement 6 and Declaration of Restrictions will be recorded in the Public Records of Palm Beach County, 7 Florida. 8 Section 4. This Resolution shall become effective immediately upon passage. 9 PASSED AND ADOPTED this ~day of May, 2009. 10 11 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 16 17 18 19 20 21 22 23 24 25 ./ 26 - 27 Commissioner - Marlene Ross 28 29 ATTEST: 30 m. ~ 31 32 33 34 35 36 37 Easement(Amended)-St Andrews -LS I 0 I.doc , 'II' !'1I1 'I 'I' " II' r "1 I' '1111'" r :~. ., r :: ;'. . .~. /~t/:li'.. I' .i, , .' j , "', , Office (If ;'11< (It" . "/' (~: . \. , , ,/ I.. r\ ':::-r . . City of BD~ n "fif fIB> :i: ':~'I ThIs Instrument prepared by: p () 1))X ':"1'" .::::, . . .'1 .' J ""C David N. To1ces, Esquire 80 " t I' " ,. ~l~ Goren, Cherof, Doody & Ezrol, P.A. Y,1on )each, /. 0: j" 3.kZ~ '::ii 3099 E. Commercial Boulevard, Suite 200 : i ~:; Fort Lauderdale, FL 33308 ~' 'i~: '.' +"" PERPETUAL ACCESS EASEMENT. MAINTENANCE AGREE~IE~~iI:L..ANI~ "i' i~ DECLARATION OF RESTRICTIONS (;_ :II .:L. ;) 0::1 ~) THIS ACCESS EASEMENT, M~NTENANCE, AGREEMENT, ':r JlNIJ .:, ~~j DECLARATION OF RESTRICTIONS made thIS itf'day of ~ttit:-l.tf___,____" 20gi/hy am " 1"' between S1. Andrews Club, Inc., whose address is 4475 N. Ocean Bouh~vard, Delray Beach ::;; :.~;:; Palm Beach County, Florida, 33483-7517, S1. Andrews Fairways, Inc.. whose address is 447 S N '::.~ Ocean Boulevard, Delray Beach, Palm Beach County, Florida, 33483, (collectively referred 10 a~ ;S "GRANTOR"), and the City of Boynton Beach ("CITY"), a Florida municipal c:orporatiDf" it~ ':;;:: agents, servants, employees, or contractors, whose address is 100 East Boynton Bi :ad 'Y1 Boulevard, Boynton Beach, Florida 33435-7934; ':: ..) ,(.... WITNESSETH::' ;._.h WHEREAS, the GRANTOR is the owner of that certain parcel of re:al proJ"ert:j :::; (hereinafter referred to as the "Property"), more particularly described as follows: ~;; ::::~ ,:~~ See Legal Description Attached Hereto'" 51 WHEREAS, the GRANTOR will grant an Easement to the CITY in order to pc; rrni : i, CITY to install sanitary sewer lift station No. 101 and associated improvements witbir th,:'::1 Property in order to improve sanitary sewer utility services within the CITY; and ,.'; ..:) . ..~ WHEREAS, the GRANTOR will grant an Easement to the CITY in ordc~r to pc; mli t : !:i CITY to install sanitary sewer lift station No. 101 and associated improvements withil1 the: 1..0' Property, as depicted on the sketch and legal description for the lift station eas,ement, whkh L :)~ attached hereto as Exhibit "A", and is incorporated herein by reference, in order to iimprove: .." sanitary sewer utility services within the CITY; and :'; J. .. :i WHEREAS, the GRANTOR will also grant the CITY an Easement in order to p{ mli t . the CITY to provide electricity to the lift station, as depicted on the sketch and legall desc:riJ ItiOl I for the utility easement, which is attached hereto as Exhibit "8", and incorporated herei 1 b~' reference; and WHEREAS, the City Commission has authorized the expenditure of funds ~Dr the C Irl' to install a sanitary sewer lift station upon grantor's property and associated improvements:, and" WHEREAS, once installed, the sanitary sewer lift station and associated improvc;:rr en'! ; will be maintained by CITY, and, if necessary, further replaced by th'OI:t'YUlflI96 Z ,~VW 60 3JI..i..:lOS,"",iJTl \1/' HDV3a NOl U) I~a" / .,..J It ,..... .:10 1i"J~'~1 WHEREAS, the GRANTOR will agree not to construct anything of a permanent nature within either Easement; and, WHEREAS, the parties hereto have concluded that the most efficient manner in which to achieve the purposes and goals set forth above would be through the granting of this Access Easement to the CITY, together with the right of entry into the Property for the construction and maintenance of the sanitary sewer lift station and associated improvements, and execution of this Maintenance Agreement and Declaration of Restrictions; NOW, THEREFORE, in consideration of the mutual promises contained herein and Ten and no/l00 ($10.00) Dollars and other good and valuable considerations, the receipt, sufficiency, and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1. The aforesaid recitals are true and correct and are incorporated herein. 2. The GRANTOR hereby grants and conveys to the CITY a permanent, perpetual Easement for the installation and maintenance of sanitary sewer lift station and associated improvements on the Property legally described and as depicted on Exhibit "A" which is attached hereto and incorporated herein by reference the ("Lift Station Easement"). 3. The GRANTOR further grants and conveys to the CITY a permanent, perpetual Easement for the installation and maintenance in order to provide for electricity service for the lift station. The twelve foot (12') wide utility easement that will be used to provide electric power to the lift station is attached hereto as Exhibit "B" and incorporated herein by reference (the "Utility Easement"). 4. The Lift Station Easement and the Utility Easement are permanent perpetual easements and they shall not be changed, altered or amended except by an instrument in writing executed by GRANTORS and CITY or their respective successors and assigns. 5. In association with the GRANTOR's grant and conveyance of the Easements, GRANTOR agrees to cooperate with CITY in order to obtain any consents and/or agreements from any person or corporation which holds a mortgage or other property interest in the Property. GRANTORS agree to sign any applications, documents, and/or amendments to this Agreement which are required for the mortgage holder to consent to the GRANTOR's conveyance of these easements to the CITY. CITY agrees to pay any and all fees associated with obtaining any consents from any mortgage holders, or other entity with a property interest in the Property. 6. The GRANTOR further agrees to sign any applications and documents for any permits which the CITY may be required to submit to any local, state, or federal agency in association with the installation and maintenance of the sanitary sewer lift station and associated improvements. CITY agrees to pay any and all fees associated with obtaining any permits from any local, state, or federal agency for the installation of the sanitary sewer lift station and associated improvements. Page 2 of 6 7. GRANTOR also hereby grants and conveys to the CITY a non-exclusive perpetual Easement for ingress and egress over the Property for the purpose or purposes of installing the sanitary sewer lift station and associated improvements on the Property. The GRANTOR acknowledges that this right of ingress and egress includes any and all temporary access of adjoining portions of the Property not included within the Easements described in Paragraphs 2 and 3 above during actual construction, installation and maintenance of the sanitary sewer lift station and associated improvements by CITY. The CITY, in cooperation with the GRANTOR, shall specifically identify the portion of GRANTOR's property that the CITY may use for access during the construction period. Only one truck at a time will be permitted on the temporary access road during the construction period. Construction will take place no earlier than May 15, 2008, and shall be complete no later than July 18, 2008, unless agreed to in writing by the parties. 8. For purposes of this Agreement, the term maintain may include, at the option of the CITY, the actual installation, maintenance, repair, replacement, and/or removal, of such parts and/or portions of said sanitary sewer lift station and associated improvements as are deemed to be necessary by the CITY, and in order to serve and promote the general safety, health and welfare of the citizenry ofthe CITY. 9. CITY shall ensure that all of the GRANTOR's property disturbed and used by CITY pursuant to this Easement is returned to its original condition by CITY as of the date CITY commenced such use, at the CITY's own cost. This includes repair of damage to the golf course, the removal of the access road, repair and replacement of any irrigation damaged during the construction, and the replacement of any landscaping damaged or removed as part of the CITY's installation of the sanitary sewer lift station and associated improvements. The CITY shall also install a green PVC coated galvanized chain-link fence around the Improvements. 10. This Easement and all conditions and covenants set forth herein are intended to be and shall be construed as covenants running with the land, binding upon and inuring to the benefit of GRANTOR or CITY, as the case may be, and their respective heirs, successors and assigns, including, without limitation, all subsequent owners and/or tenants of the Easement. The Property, and all persons claiming by, through and under *em. 11. In the event of any litigation in connection with this Agreement, the prevailing party shall be entitled to recover court costs and reasonable attorney's fees. 12. If any provision in this Agreement shall be determined to be invalid by a court of competent jurisdiction, then such provision or determination shall not affect any other provisions of this Agreement, all of which other provisions shall remain in full force and effect. Page 3 of6 Signed and Sealed the day and year first above written. WITNESSES: GRANTOR ~ fJ u)RA~~ ST. ANDREWS CLUB, INC. Sifature ~~ ~~~~~ UJp!\J N. hi G ISGAJ FLuH Print or Type Name P~int Name: ~Q.,( F.t- C ~t'2.~ ~tJ.P---_ Title: Jr cle. ~ 6€ ort<~..'J, 1A1.;-:h ME C~ Print or Type ame (Corporate Seal) STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ~L. P. CD PE /oJ ,as PR.f:S(fJ~NT of St. Andrews Club, Inc., who is personally known to me or has produced as identification, and acknowledged execution of the foregoing Agreement as the proper official of St. Andrews Club, Inc., for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this I~-f h. day of h1oJ'G h. ,2009. ~~' Notary Public State of Florida ik.k4 ~ . . Deirdre T Ruffino NOTARY PUBLIC SEAL: \. c.: _; My Commission 00712455 OH'-O Expires 10/0212011 My Commission Expires: tD I ~;;...o /I Page 4 of6 WITNESSES: GRANTOR 5J~Jr..u 2L~1l ST. ANDREWS FAIRWAYS, INC. :n:~Ab~tJl Shook U0lV2~ ~el? Print or Type Na Print Name: Eu~ LU~ ""...-Tf'1 Title: ~O~,~~ ATTEST: P~int Name: ~ B"T't7 - ~A-1~J"'OJ\f TItle: ----ALl. to. p. ~ 2:ztr-'Y) (Corporate Seal) ST ATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized by law to a<;lrninister oaths an. d take acknowledgments, personally appeared l\oe..-l p. Lofe.-Yl ' as ?-re 5-.. ~ d e.-~ +- of St. Andrews Fairways, Inc., ~ho is personally known to me or has produced as identification, and acknowledged execution of the foregoing Agreement as the proper official of St. Andrews Fairways, Inc., for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this :JD~ day of ~ LA II' ~ , 2009. ~~... N_P,,,,Staloof "orid, ~ .~ !....~ Bethany l Auchter NOT Y PUBLI ,,~ '" My Commission 00837868 SEAL: Y1to;,.~ Expires 11/12/2012 My Commission Expires: \\ l I \ 1- 2D\ L Page 5 of 6 CITY OF BOYNTON BEACH ~. ~ I /' /" BY: .. . .. c. ~ ;/rry Tay or, or t STATE OF FLORIDA ) ) ss COUNTYOFBROWARD ) \~ BEFORE ME, the undersigned, this K day of r k~ ' 2009, personally appeared Jerry Taylor, Mayor and Janet Prainito, City Clerk of the ity of Boynton Beach. r-fpersonally known ~ g, Notary Pu IC, State of Florida DNT:js H:\ 1990\900 I 82.BB\Agreements 2008\Easement Agreement (5t Andrews Club Ine )(3-13-09).doe NOTARY PUBUC-STATE OF FI.ORIDA ............, Stephanie D. Kahn f W\eommission # DD873790 ~~i ExpireS: MAY 22, 2013 ;,;;.;;r,;;, THRll ,\TLANT1C BONDING CO"INC. Page 6 of6 PROPOSED LIFT STATION EASEMENT ~~;~~:t=5~_. ! ~~:__:-I/:: ~;, ~-=-,r=i-T'- H 11.. ~-I- fill ..;:::",::-=;.;, J .....:i!.. Q1l' ...... '.' -1 1 f ,.' , _... . '1 I. H_' ~. . :'C' _. ; - ; ,,- - - If ~[-... -I ' il'-".- J PARCEL DATA: :-_,lG.Np.....~,i-..,,:~_l1~Q. '- _ . ~Jl~=-..~. ---, ' .(.._o'w, i . I \J ,.......... ...- - ,--- 0' r, . '''''''''': I 1-. ,\ ' .......lll '.1 r-, .. t I "i"'~ . ::::i.;;.::..... , . BOYNTON BEACH LIFT STA1l0N 101 ".,. , i ~. . I . ,._~.I .m.. ..li.' , LOCATED ON THE GROUNDS OF SAINT < Ie !I- =" . II ,:....... c...Or -, oJ ...... $titJftl_~ .~ I .1 ANDREWS GOLF CULB. PAL~ BEACH - . ..~.,.;6-- .~.. U ~ , .: l COUNTY. FLORIDA. .:.= .t._ .,. -. -. r" if . s.__; ...,... ,j- J -=- . -:; ~ '''--I.''... It: Slft~ 1.-' It SEC 34- T45S-R43E '.----' '~. ] "'-,...'. Il f" ',~-'=,;:, ..'.,::-- f :'.:. . \' f";.",' PROPOSED 28.5'X24.5' LIFT STA TION EASEMENT A LIFT STATION EASEMENT IN TIlE SOU1HWEST ONE-QUARTER (1/4) OF SECTION 34, TOWNSHIP 4S SOUlll, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; SAID EASEMENT LYING IN LOT 14 OF BENSON BROTHERS SUBDMSION, AS RECORDED IN PLAT BOOK. S, PAGES 27 OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA; BEING MORE PAR'I1aJLARLY DESCRIBED AS FOILOWS: COMMENCING AT TIlE NORTHWEST CORNER OF ST. ANDREWS FAIRWAYS CONDOMINIUM mAS RECORDED IN TIlE PUBUC RECORDS OF PALM BEACH COUNrY, FLORIDA IN omCIAL RECORD BOOK. 3048 AT PAGE 730; nlENCE soum 02002'40" BAST, ALONG WEST LINES OF SAID ST. ANDREWS FAIRWAYS CONDOMINIUM m AND ALONG ST. ANDREWS FAIRWAYS CONDOMINRJM AS RECORDED IN AFORESAID PUBLIC RECORDS IN omCIAL RECORD BOOK 2373 AT PAGE 1817, A TOTAL DISTANCE OF I) 8.96 FEET 10 THE POINT OF CURV ATIJRE OF A CURVE CONCAVE TO TIlE EAST HAVING A DELTA ANGLE OF 03"39'59" AND A RADIUS OF 3448.98 FEET; llIENCE CON11NUING SOUTHERLY ALONG SAID WEST LINE OF ST. ANDREWS FAIRWAYS CONDOMINUM ALONG nIB ARC OF SAID CURVE, 220.56 FEET; TIlENCE NORTII 87"4S'22" WEST, FOR A DISTANCE OF 108.79 FEET TO TIlE POINT OF BEGINNING; lHENCE RUN SOU1H 01014'38- WEST, FOR A DISTANCE OF 28.S0 FEET, THBNCE RUN NORTH 87045'22- WEST, FOR A DISTANCE OF 24.S0FEET, THENCE RUN NORTH 01014'38- EAST,FORA DISTANCEOF 28.50 FEET, nlENCE RUN SOU1H 87""5'22- EAST, FOR A DISTANCE OF 24.50 FEET TO mE POINT OF BEGINNING. CONTAINlNG 698 SQUARE FEET, MORE OR LESS. S~VEYOR'S NOTES I). THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREIN. THERE HAS BEEN NO MONl.t1ENTS SET IN CONNECTION WITH THE PREPARATION ON THE INFORMATION SHOWN HEREON. 2). THIS SKETCH OF LEGAl DESCRIPTION CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF ITS CREATION. FIELD AS-BUlLTS PROVIDED BY CONTRACTORS' ~VEYOR WERE UTILlTIZED IN THE PREPARATION OF THIS EASEMENT WHEN UTILITIES WERE 8~IED ANDIOR NON-VISI8LE. 3). THIS SKETCH DOES NOT PURPORT TO IDENTIFY ENCROACHMENTS. FOlN)ATIONS, UTILITIES. STRUCTlR:S OR OTHER IMPROVEMENTS BELOW GRADE. IF ANY. EXCEPT WHERE SPECIFICALLY NOTED HEREON. 4). ALL BEARINGS. ANGLES. AND AZIMUTHS SHOWN HEREON ARE BASED ON RECORD PLAT OR DEED CAlLS lH..ESS OTHERWISE NOTED. 5). THIS SKETCH IS NOT VAliD lIlLESS SIGNED ANO SEAlED WITH THE EMBOSSED SEAl OF THE CERTIFYING SLRVEYOR. SURVEYORS' CERTIFICATION: I HEREBY CERTIFY THAT THIS SPECIFIC I'IA'OSE Sl.R'IEY WAS I'R:PAIlED lHl6l11Y RESPONSIBLE CHARGE IH) t1EETS THE I'1INfU'1 TECHNICAl BATTAGLIA LAND SURVEYOR'S. INC. ('oj S1 IH)ARDS AS SET FORTH IIY Tl1E FLORIDA IlOARD OF I'lO'ESSICIHAL 610 S.E. 2 NO AVENUE, L-9 U- LAND SURYEYORS IH) I1AI'I'ERS IN CH~ 61617-6. F\.DAlDA IH) THAT IT IS T1lUE /IHJ ~ OF MY K DEERFlELD BEACH. FL. 33441 0 lIELIEF. Phone (561)860-7939.Fax (561)852-3898 _ t- SUIi'\.f" LAST FIELD DATE: IH)4-2008 ~ St-'l[OIi'S ROBERT G. BATTAGLIA. P.L.S. ISSUE DATE: 9-22-2008 Vi REG. LAND ~YOR LB filbl PROJECT NUIolBER: 108-003 SKETCH OF LEGAL DESCRIPTION 0 2G 40 THIS IS NOT A SKETCH OF SURVEY. BUT ONLY A ~ GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREIN. THERE HAS BEEN NO MONUMENTS SET IN CONNECTION WITH THE PREPARATION ON THE Scale: 1 w - 40' INFORMATION SHOWN HEREON. ST._r_'/S~. P.O.c. . . W. CORNER ~ ~ I 'ST. ANDREWS FAIRWAYS ~ = OFFICIAL REComS BOOt<. acl CONDOMINIUM III' PS = PlAT BOOK .... PG = PAGE .... ~ - POB = POINT OF BEGIr.NING . J!8 POC = POINT OF COMMENCEMENT ~ I ~ ST. ANDREWS FAIRWAYS PeeR = PALM BEACH COl.tITY RECORDS R = RADIUS ~ i CONDOMINIUM III L = ARC LENGTH f:l ORB 3048. PC 730 Ll = DELTA ~ ti ~ S IOU1H lIll ST. F N rz4"W''' 200.11' S6~ .AADULB.Ul1NG - I J! I i ti ~ ~ R-3448.98' a ~ =3039'59" L=220.56' ST. ANDREWS FAIRWAYS LOT 14 CONDOMINIUM BENSON BROTHERS PLAT ORB 2373, PC 1817 PB 5, PC 27 GOLF COURSE PROl'OSED ZI.II'llZ4.lI' LIFT STATION EASEMENT R=3448.98' ~ =6044'36" BOYNTON BEACH L=405.92' LIFT STATION #101 N 87"45'22" JIlT. 108.79' 28.50' N 02014'38" E 28.50' S02014'38"W SIIfl!l UIlt IT. F_'/S~ 24.50' S 85018'04" 'IV N 87045'22" W NO. DATE DESCRIPTION BATTACUA LAND SURVEYOR'S, INC. N 610 S.E. 2 III AVENUE, L-9 lL. DEERFlELD BEACH. FL 33441 0 Phone (561 )860- 7939.Fa~ (561)852-3898 N t- LAST FIELD DATE: 9-04-2008 ~ REVISION HISTORY ISSUE DATE: 9-22-2008 m PRO..ECT NUMBER: 1OB-003 PROPOSED UTILITLY EASEMENT ..;~;,.;.- -..:::' I'''''!'o.'' ~-, i ----w T' -,' l. I' It!.. ____..~IiIIl_J_,__I!....I'Il. _, .._' "( .....-.-,-.--"''' ---II - -I.' J . , ..... . "J..:J" Ij:' , ,,..;, 11.; ':; ....=. 'j'-~=,i' I' ~II. IJ' :'f":;:-o,;~ II; . J . :-;~-= 11'1 . _0 - ~,. I -.. -_I PARCEL DATA: . ............._i f:..~" ,_ .. :;;:;.' i~,-o. ..' f. . ......._ i i. . !.....a..... ... ~ =--,. ~ .. . " . .. Iii _. ,._J;"~ ,];J ii\ ..\ . . BOYNTON BEACH UFT STATION 101 ,'-"'9'- 'r' ~- ~ :.-' - "--/1, ,;Ii=' ;:'~~ ..' . .' -' ,Ill' ,II' ,'..11 ColIIIror :- ...... LOCA lED ON THE GROUNDS OF SAINT "'''''''-. ,. ~.:' I. II' ,---...-..; _" . I, SolUIIII ' .----.- ANDREWS GOLF CULB, PALM BEACH , -. ~_"'''''''' ==- - ~] -- i,'.; t ' COUNTY, FLORIDA. - . Ie;:: ~=- .~.. ~. '- l '. ;. - --.: '. < Jt: sm:-=::. 1- It SEC 34-T45S-R43E " It. ,~___' - - -'-, :~ J; ....J---j . ' .... I ....\ I ..../ I -=-= . --. <l, .. ..I. i. - ,.- PROPOSED 12' WIDE UTILITY EASEMENT A STRIP OF LAND 12 FEET IN WIDTH LYING WITHIN LOT 14 OF BENSON BROTIIHRS SUBDIVISION, AS RECORDED IN PLAT BOOK. 5, PAGES 27, AND ST. ANDREWS FAIRWAYS CONDOMINIUM AS RECORDED IN IN omClALRECORD BOOK. 2373 AT PAGE 1817, OF THEPUBUC RECORDS OF PALM BEACH COUN1Y. FLORIDA; WHOSE CENTERLINE IS MORE PARl1CULARL Y DESCRIBED AS FOlLOWS: COMMENCING AT TIm NORlHWEST CORNER OF ST. ANDREWS FAIRWAYS CONDOMINIUM III AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUN1Y, FLORIDA IN omCIAL RECORD BOOK. 3048 AT PAGE 730; THENCE RUN SOUI"H 02"02'40" WEST, ALONG TIm WEST LINE OF SAID ST. ANDREWS FAIRWAYS CONDOMINIUM ill AND AFOREMENTIONED ST. ANDREWS FAIRWAYS CONDOMINIUM AS RECORDED IN AFORESAID PUBUC RECORDS IN omCIAL RECORD BOOK. 2373 AT PAGE 1817, FORA TOTAL DISTANCE OF 118.96 FEET TOllIE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST HAVING A DELTA ANGLE OF 03042'24- AND A RADIUS OF 3448.98 FEET; THENCE CONTINUING SOUTHERLY ALONG SAID WEST LINE OF ST. ANDREWS FAIRWAYS CONDOMINIUM ALONG THE ARC OF SAID CURVE. 223.12 FEET; THENCE SOUTH 88"20'16- WEST, FOR A DISTANCE OF 109.22 FEET TO THE POINT OF BEGINNING; lHENCE BEGINNING SAID 12 FOOT WIDE UTILITY F.ASBMENT RUN NORm 82"13'36" EAST, FOR A DISTANCE OF 103.00 FEETj nlENCE RUN NORm 76"25'48" EAST, FOR A DISTANCE OF 34.50 FEET; THENCE RUN NORTH 87046']4" EAST, FOR A DISTANCE OF 43.50 FEET; nmNCE RUN NORm 71"2S"57" EAST, FOR A DISTANCE OF 27.00 FEET; 1lIENCE RUN NORm 89"14'42" EAST, FOR A DISTANCE OF 35.50 FEET; lHENCE RUN SOUTH 00"45'18- EAST, FOR A DISTANCE OF 10.00 FEET TO 1HE END OF SAID CENTERLINE. SUBJECT TO RESTRICl10NS. RESERVATIONS, EASEMENTS, AND/OR RIGlITS-OF-WA Y OF RECORD. SAID LANDS SITUATED IN PALM BEACH COUNlY, FLORIDA. SURVEYOR'S NOTES I). THIS IS NOT A SKETCH Of SURVEY. BUT ONLY A GRAPHIC DEPICTION ~ THE DESCRIPTION SHOWN HEREIN. THERE HAS BEEN NO MONl.t1ENTS SET IN CONNECTION WITH THE PREPARATION ON THE INFORMATION SHOWN HEREON. Z}. THIS SKETCH OF LEGAL DESCRIPTION CORRECTLY REPRESENTS Tlf: FACTS FOUND AT THE TIME Of ITS CREATION. FIELD AS-BUILTS PROVIDED BY CONTRACTORS' ~YOR WERE UTILlTIZED IN THE PREPARATION OF THIS EASEMENT WHEN UTILITIES WERE BlRIED AND/OR NON-VISIBLE. 3). THIS SKETCH DOES NOT PlR'ORT TO IDENTIFY ENCROACHMENTS, FOlHlATIONS, UTILITIES, STRUCTmES OR OTHER IMPROVEMENTS BELOW GRADE, IF ~y. EXCEPT WHERE SPECIFICALLY NOTED HEREON. 4). ALL BEARINGS. ANGLES, AND AZIMUTHS SHOWN If:REON ARE BASED ON RECORD PLAT OR DEED CALLS l..tlLESS OTHERWISE NOTED. 5}. THIS SKETCH IS NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL Of THE CERTIFYING S~VEYOR. SURVEYORS' CERTIFICATION: I HEAEIIY CERTIFY THAT THIS SPECIFIC PIJlI'OSE SlJlVEY WAS PIlEPAREIl lHlER PlY RESPONSIBLE CHARGE NC) IeETlIllE I'INI'1l.f1 TECHNICAL BArrACLIA LAND SURVEYOR'S, INC. ('oj STANDAR>l\ AS SET FORTH BY THE FLORIDA BONIl aF I'ROFESSlClNAL 610 S.E. 2 ND AVENUE, L-9 l.L. LAND SLRVeYORS NC) HAPPeRS IN CHAPTER 6lGI7-6. FLORIDA STAnm:S. _ "",,,..... _ ~ '" rn..... ~ DEERFlELD BEACH, FL J3441 0 BB..IEF. SUIi'~l'i ~ Phone (561)86o-71l39,FQX (561)852-3898 ~ I- LAST FIELD DATE: lHl+-2008 ~ SE'..qL ORS ROBERT G. BATTAGLIA, PoL. ISSUE DATE: 9-22-2008 Ui REG. LAND ~VEYOR LB ttSI61 PROJECT NUMBER: 108-003 SKETCH OF LEGAL DESCRIPTION THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREIN. THERE HAS BEEN NO MONUMENTS SET IN CONNECTION WITH THE PREPARATION ON THE ~-.v. INFORMATION SHOWN HEREON. P.D.C. . . W. CORNER ~ I "ST. ANOREWS fAIRWAYS oC CONOOMINIUM III" .... .... ~. . l.I"IlIlm . t! a ORB : OFFICiAl RECORDS BOOK ~ l:s ST. ANDREWS f' AIRWA YS PB : PLAT BOOK P i CONDOMINIUM III PG : PAGE POB ; POINT OF BEGINNING ~ ORB J048. PG 7JO poc ; POINT OF COMMENCEMENT ~ PBeR ; PAlM BEACH COUNTY RECORDS Ii R ; RADIUS ! l ; ARC lENGTH I .6 = DELTA IllU1M N Br24'J1. Eo 100.1 I' S8TOSno'B JUDfAL'&CR/NG - - 0 10 40 I ~ Scale: I" = 40' i .. I ST. ANDREWS f' AIRWA YS Iii CONDOMINIUM ~ ORB 2J73, PC 1817 R=3448.98' & LI =03042'24" L=223./2' R=3448.98' LOT 14 Ll =6044'36" BENSON BROTHERS PLAT L=405.92' PB 5, PG 27 GOLF COURSE 34.50' N 76025'48" E, )OJ.OO' N 8]0)3'36" E, ~ _ - - - ~ 88010'/6';" /09.11' CENTERLINE OF PROPOSED 12' UTlUTY EASEMENT BOYNTON BEACH , 1FT STATION "'01 GOLF S 85018'04" W EASEMENT COURSE NO. 010 Tr DESCR'PTI BA1'TACUA LAND SURVEYOR'S, iNC. N 810 S.E. 2 NO AVENUE, L-9 ~ OEERrtELD BEACH, FL. 33441 Phon. (581)8eO-7939,Fa~ (581)852-3898 N f- LAST FJELD DATE: 9-04-2008 t::J REVISION HISTORY ISSUE OA TE: 9-22-2008 ~ PROJECT NUMBER: 108-003