R09-144
II
I RESOLUTION NO. R09- I L./ y
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, ACCEPTING AND APPROVING THE BILL
5 OF SALE AND UTILITY EASEMENT FOR THE
6 FORMER ECKERDS PHARMACY; APPROVING THE
7 RELEASE OF ALL SURETY FOR THE WATER AND
8 SEWER SYSTEMS; AND PROVIDING FOR AN
9 EFFECTIVE DATE.
10
II
12 WHEREAS, upon completion of the former Eckerds Phannacy (now CVS) located at
13 the northwest comer of Boynton Beach Boulevard and US I, a Bill of Sale and Utility
14 Easement were never provided to the City of Boynton Beach; and
15 WHEREAS, since completion in 200 I, the property has changed ownership several
16 times and is now owned by the Bermuda Company; and
17 WHEREAS, the City Commission upon recommendation of staff, deems it
18 appropriate to accept and approve the Bill of Sale and Utility Easement and to release all
19 surety for the water and sewer systems for the former Eckerds Phannacy located at the
20 northwest comer of Boynton Beach Boulevard and US 1.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26
Section 2.
The City Commission of the City of Boynton Beach, Florida does
27 hereby accept, approve and authorizes the Mayor and City Clerk to sign the Bill of Sale and
28 Utility Easement for the former Eckerd Phannacy property located at the northwest comer of
S:\CA\RESO\AgreementMccept Utility Easement & Bill of Sale (Eckerds}.doc
II
Boynton beach Boulevard and US I and approves release of all surety for the water and sewer
2 systems. A copy of the Bill of Sale and Utility Easement are attached hereto and incorporated
3 herein as Exhibit "A."
4
Section 3.
That this Utility Easement will be recorded in the Public Records of
5 Palm Beach County, Florida
6
Section 4.
This Resolution shall become effective immediately upon passage.
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27 ATTEST:
28
29
30
31
32
33
34
35 (
-rtI
PASSED AND ADOPTED this ~ day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
J.?-rt
1'lIyor J Je Tay,
id~_J~
~,- .
Commissioner - Ronald Weiland
./
,
/_--
r--'
S:\CA\RESO\AgreementS\Accept Utility Easement & Bill ofSaJe (Eckerds).doc
R 0 '1 - {41/
This Document Prepared By:
Robert A. White, Esq.
Law Office of Robert A. White, P.A.
1401 University Drive, Suite 600
Cora' Springs, FL 33071
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS:
That BERMUDA COMPANY, a Nevada corporation, having its principal place of business
in the County of Washoe and State of Nevada (successor by merger to Townhouse Apartments, Ltd.,
LLLP, a Florida Limited Liability Limited Partnership, pursuant to Articles and Plan of Merger
recorded in Palm Beach County, Florida Official Records Book 19953, at Pages 1530 through 1540)
hereinafter referred to as "SELLER", for and in consideration of the sum of One Dollar in lawful
money and other good and valuable consideration to it paid by the CITY OF BOYNTON BEACH,
County of Palm Beach and State of Florida, hereinafter referred to as the "BUYER", receipt of
which is hereby acknowledged by it, has granted, bargained, sold, transferred, set over and delivered
unto the BUYER, its successors and assigns, all those certain goods and chattels, described as
follows:
All right, title and interest of SELLER in and to the water and sewer systems
described on sheets 5-8 of the plans by CARNAHAN PROCTOR CROSS, INC.,
project number 990504, being the right, title and interest conveyed by Bill of Sale
of December 17, 2001 from Boynton/Federal Development, Inc. to Townhouse
Apartments, Ltd., LLLP, a copy of which is attached hereto and incorporated herein
by reference.
TO HA VE AND TO HOLD the same unto the BUYER, its successors and assigns forever.
IN WITNESS WHEREOF, the SELLER has caused its corporate name to be here}!.nto
subscribed and its corporate seal to be affixed by its officers hereunto duly authorized, this.ll day
of July, 2009.
Signed, sealed and delivered in
omQ:"~ D ~.
-1u.~ S-(L~-
Print Name: El!.vcE s: ~~
BERMUDA COMPANY, a
Nevada corporation
Page I of 2
State of Florida
County of Miami-Dade ~
The foregoing instrument was acknowledged before me this.)CJ'day of ) vI- 'i ,2009
by DAVID M. LLEWELLYN, as President of BERMUDA COMPANY, a Nevada corporation, who
is personally known to me or who has produced as identification.
o~
/ ~ .
i' I
" -,-,
. ~
Not~ Pu lic .
My Commission Expires:
ACCEPTANCE BY BUYER
The foregoing is hereby agreed to and accepted by as
of the City of Boynton Beach, a political subdivision of the
State of Florida.
CITY OF BOYNTON BEACH, a political
subdivision of the State of Florida
- ~
\f.lfY\1 ~ By:
Pnnt Name:~j . ~"".2..\D",e
COT/JA1I=' _~L0/l
Print Name: (I (-( lberm1/1
State of Florida
County of Palm Beach
The ~ m"",,,,,,,1 w"' ,,'o,wl",e ofm, me tlri, :Ju d" of ~ . 2009
by 7~ , as of the CITY OF
BOYNTON EAC ,a ~Ubdlvlslon of the State 0 lorida, who is personally known to me
or who has produced as identification.
NOTARY PlJBUC-STATE OF FLORIDA 9------
..""..... Steohanie D. Kahn
{W\Commission #DD873790 Notary Publi :kI
\~/Expires: MAY22,201J M C -. '. '] '). 13
'.""", '~Cl'l'NPt<GCO L'C Y ommlSSlOn ExpIres. I
'BONDKDTHRU^~I."" .,
Page 2 of 2
This Document Prepared By:
Robert A. White, Esq.
Law Office of Robert A. White, P.A.
140 I University Drive, Suite 600
Cora' Springs, FL 33071
EASEMENT
THIS INDENTURE made this/~ay of August, 2009, by BERMUDA COMPANY, a
Nevada corporation, having its principal place of business in the County of Washoe and State of
Nevada (successor by merger to Townhouse Apartments, Ltd., LLLP, a Florida Limited Liability
Limited Partnership, pursuant to Articles and Plan of Merger recorded in Palm Beach County,
Florida Official Records Book 19953, at Pages 1530 through 1540), whose post office address is
P.O. Box 750, Reno, Nevada 89504, hereinafter referred to as First Party, to the CITY OF
BOYNTON BEACH, a political subdivision of the State of Florida, hereinafter referred to as Second
Party;
(Whenever used herein, the terms "First Party" and "Second Party"
shall include singular and plural, heirs, legal representatives and
assigns of corporations, wherever the context so admits or requires)
WITNESSETH
WHEREAS, First Party is the owner of property situate in Palm Beach County, Florida and
described on Exhibit "A" attached hereto and incorporated herein by reference, the "store property",
and,
WHEREAS, Second Party desires an easement for water and sewer utilities and/or other appropriate
purposes incidental thereto, on, over and across the property described on collective Exhibit "B"
attached hereto and incorporated herein by reference, the "easement property", and
WHEREAS, the first party is willing to grant such an easement,
NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running
and One Dollar and other good and valuable considerations, First Party does hereby grant unto
Second Party, its successors and assigns, full and free right and authority to construct, maintain,
repair, install and rebuild facilities for above stated purposes and does hereby grant a perpetual
easement on, over and across all of the easement property lying within the store property for said
purposes, subject, however, to the following terms which Second Party agrees to by acceptance of
this Easement:
Page I of 3
I. The rights and obligations of the parties (and their successors and assigns) under that
certain Easement Agreement dated August 14, 2000 for reciprocal easements,
between Boynton/Federal Development, Inc. And B-4 recorded in Palm Beach
County, Florida Official Records Book 11984 at Pages 651 through 662.
2. The following conditions precedent in favor of CVS EGL Federal Boynton FL,
L.L.C., its successors and/or assigns, as the Tenant under that certain lease
agreement of May 31, 2000 referred to in the Short Form Lease recorded in Palm
Beach County, Florida Official Records Book 11860 at Pages 1378 through 1381:
A. Second party shall give said Tenant at least five (5) days prior written notice
of any construction or maintenance on the easement by second party, unless
there is an emergency.
B. All of the water and sewer utility lines and other materials will be
underground, save and except fire hydrants connected to underground utility
lines.
C. During the construction or maintenance work, all efforts will be made to
insure that there is minimal interference with Tenant's business operations.
D. Second party shall at its expense, promptly and in a workmanlike manner
restore the portion of the property to the condition that existed prior to the
construction or maintenance performed by the Second Party.
N WITNESS WHEREOF, the First Party has caused these presents to be duly executed in its name
and its corporate seal to be hereto affixed the day and year first above written.
Signed, sealed and delivered in
our presence:
BERMUDA COMPANY, a
Nevada corporation
By:
<: L.,.
Print Name:
(~)~t..
Print Name: 'E~"'.E 5". ~S7F5
avid . Llewellyn, President
Page 2 of 3
State of Florida
County of Miami-Dade
IV
The foregoing instrument was acknowledged before me this li day of August, 2009 by
DA VID M. LLEWELLYN, as President of BERMUDA COMPANY, a Nevada corporation, who
i~rsonally known to ~r who has produced as identification.
i>" '"""
~~;
""o,,..r.f"
~~~
Notary PublIC Slale of Flonda
Michelle S Garcia-Rivera
My CommISSion 00690521
Expires 06/2812011 (
yy y
\ ~#--
Nobry1>ublic
My Commission Expires:
ACCEPTANCE BY SECOND PARTY
The foregoing is hereby agreed to and accepted. by as
of the City of Boynton Beach, a political subdivision of the
State of Florida.
Print Name:
Print Name:
State of Florida
County of Palm Beach
CITY OF BOYNTON BEACH, a political
subdivision of the State of Florida
By:
The foregoing instrument was acknowledged before me this _ day of , 2009
by , as of the CITY OF
BOYNTON BEACH, a political subdivision of the State of Florida, who is personally known to me
or who has produced as identification.
Notary Public
My Commission Expires:
Page 3 of 3
SKETCH AND LEGAL DESCAIPTlON
8Y
PULICE LAND SURVEYORS, INC.
5381 NOS HLL ROAD
SUNRISE, A...OAIDA 33351
TELEPHONE: (954) 572-1777 . FAX: (954) 572-1778
[-MAIL: surveysCpulicelondsur\l'e)'Of'"s.com CERTIFICATE OF AUTHORIZATION LBI3870
J S88"55'15"E I cL.
...J....~~~:"'-- 1~:~3~__~ II
~ ~ - 'THRiCHT-a-:;;:r-UNE- - ~
!;>I I' Ir"NORTH UNEVACATED/R1GHT OF WAY N02"20'3 "W 12.61'1 I
o 02"20'34 E 25.93'
II~ 2 1~;r:
I I z I N84"35'50" 59.22' 50.00' 10
f! I 584"35'50' 60.14'
I 15 I I"' u.j
I I"~ I I Ig ~:z .~
I I a!J ~'z won ill ;~ 3 4 I ~
l:"'o 0 I-~. I I... .,.... :;; 0
I I O~5 at-~ ..~ ~ ~~ o..w g..u ~ ':J 2:
I l:g~~ ....!::S'=o.. 0 N ....1 0-," ZI-,,::J.,
>-3~ ",gg~ I: N ~\ ~l';":~i1 en OJ~?:Q\ I~ 1j ~
/ /iii ~~~~ I :~"~ ~ ~I I ~ii~6!e g~~~ ~ ;. ~
I I~~<ri m~1- .. io ~I;"~ ...J 0 G ~I~
I I~eo' 00_ !" '"rrn. 0- m"'Wzm ~
<ZQ (}:I-:J a 0"':: ~~ ~ ~ cQ
I I >-~ . 0.. Z '" ,,\1 o~ 7 001- 8 ::J. ~
~~ 1 d::J 0::1- <( l- '-'
II II.a,' .. ';[ ~!II ~I
_ SB8'55'15"E 12.00' ,
65.35'
I I g N01'07'17"E 86.00' 65.74'
IL-!.l SOl'07'17"W 76.00' SOO'O~~ W 37.06,9
V 00'02'36 E 11.70' I
---_L_L-__ 11 12 I
NORTH RlGHr-OF-WAY UNE~ - - N88~5'15"W 1H
8. POINT Of" EE<>>H<<i I oJ, l.H: VACAlED
S ~ 98.84 R1~![5~~'(.E 71.65' .
~ . _ . _ . ~'l!7'17"E 40.ooVL
~;;~~~~~ (STA~ ~~'~~ ~j9ck ~.A~ ft-
PONr OF (X)t&OI:aed/
5.E. CORNER SECTION 21-45-43
NOTES:
1) BEARINGS ARE BASED ON THE WEST LINE OF SECllON 3 BEING N01"12'16"W.
2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY.
3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
4) O.R.B. DENOTES: OFFICIAL RECORDS BOOK.
5) ~ DENOTES: CENTERLINE.
FILE: UNIVERSAL LAND DEVELOPMENT
SCALE: 1"-80'
ORDER NO.: 51447
DAlE: 07/23/07; REV. 11/27/07; 12/04/07
UT1UTY EASBAENT
BOYNTON 1EA0i, PAlM lEAa-I COlIfTY, R.a:vA
FOR: ECKERD SITE
THIS OOCUMENT IS NEITHER FULL NOR
COlAPLETE WITHOUT SHEETS 1 ANO 2f
F. UCE, PROfESSIONAL SURVEYOR ANO MAPPER LS2691
o BETH RNS, PROFESSIONAL SURVEYOR ANO MAPPER LS6136
o CHARLES E. O-ARK, PROFESSIONAL SURVEYOR ANO MAPPER LS6434
ST ATE OF FLORIOA
SKETCH AND LEGAL DESCRIPl10N
BY
PULICE LAND SURVEYORS, INC.
5381 NOB HILL ROAD
SUNRISE, FLORIDA 33351
TELEPHONE: (954) 572-1777 . FAX: (954) 572-1778
E-MAil: surveys@pulicelondsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870
LEGAL DESCRIPTION: UTILITY EASEMENT
A PORTION OF BLOCK 7, "ROBERT ADDITION TO TOWN OF BOYNTON", RECORDED IN PLAT BOOK
1, PAGE 51 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH A
PORTION OF THE 20 FOOT RIGHT-OF-WAY DEPICTED ON SAID PLAT, VACATED IN OFFICIAL
RECORDS BOOK 11424, PAGE 825 OF SAID PUBLIC RECORDS BUT RETAINED AS A UTILITY
EASEMENT, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST
AS DEPICTED ON SAID PLAT; THENCE NORTH 88'55'15" WEST ON THE SOUTH LINE OF SAID
SECTION 21 FOR 279.93 FEET; THENCE NORTH 01'07'17" EAST 40.00 FEET TO INTERSECTION
WITH THE NORTH RIGHT-OF-WAY LINE OF BOYNTON BEACH BOULEVARD (STATE ROAD NO. 804)
(NORTHEAST 2ND AVENUE) AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 01'07'17"
EAST 86.00 FEET; THENCE SOUTH 88'55'15" EAST 12.00 FEET; THENCE SOUTH 01'07'17" WEST
76.00 FEET; THENCE SOUTH 88'55'15" EAST 71.65 FEET; THENCE NORTH 00'02'36" EAST 11.70
FEET; THENCE SOUTH 89'42'24" WEST 65.74 FEET; THENCE NORTH 01'28'27" EAST 250.56
FEET; THENCE NORTH 84'35'50" EAST 59.22 FEET; THENCE NORTH 02'20'34" WEST 12.61 FEET
TO THE INTERSECTION WITH THE NORTH LINE OF SAID VACATED RIGHT-OF-WAY, ALSO BEING
THE SOUTH RIGHT -OF-WA Y LINE OF NORTHEAST 3RD AVENUE; THENCE SOUTH 88'55'15" EAST
ON SAID NORTH LINE AND ON SAID SOUTH RIGHT-OF-WAY LINE 15.03 FEET; THENCE SOUTH
02'20'34" EAST 25.93 FEET; THENCE SOUTH 84'35'50" WEST 60.14 FEET; THENCE SOUTH
01'28'27" WEST 221.79 FEET; THENCE NORTH 89'42'24" EAST 65.35 FEET; THENCE SOUTH
00'02'36" WEST 37.06 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF THE
AFOREMENTIONED VACATED 20 FOOT RIGHT-OF-WAY AND NORTH RIGHT-OF-WAY LINE; THENCE
NORTH 88'55'15" WEST ON SAID SOUTH LINE AND ON SAID NORTH RIGHT-OF-WAY LINE 98.84
FEET TO THE POINT OF BEGINNING.
CONTAINING 7,900 SQUARE FEET, 0.1814 ACRES.
FILE: UNIVERSAL LAND DEVELOPMENT
SCALE: NI A
ORDER NO.: 51447
DATE: 07/23/07; REV. 11/27/07; 12/04/07
UllLITY EASEMENT
BOYNTON BEACH, PALM BEACH COUtiTY, R.ORlOA
FOR: ECKERD SITE
SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR
COMPLETE II1THOUT SHEETS 1 AND 2