The URL can be used to link to this page

R10-013 I 1 i RESOLUTION RIO- 013 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, .4 FLORIDA, APPROVING AND AUTHORIZING EXECUTION BY 5 THE MAYOR OF A TRI-P ARTY INTERLOCAL AGREEMENT 6 BETWEEN THE CITY OF BOYNTON BEACH, THE SCHOOL 7 BOARD OF PALM BEACH COUNTY AND PALM BEACH 8 COUNTY FOR THE MODERNIZATION OF GALAXY 9 ELEMENTARY SCHOOL; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 WHEREAS, the School Board voted in 2007 to close Galaxy Elementary School and 13 re-distribute the students to other schools; and 14 WHEREAS, the City Commission requested that School Board consider other 15 alternatives rather than demolish Galaxy Elementary School; and 16 WHEREAS, after considerable City and community input, the School Board 17 approved the reconstruction of Galaxy Elementary which includes a land swap with the City 18 of Boynton Beach in order for the School District to construct a more rectangular footprint 19 (district standard) and in return the School District would construct a replacement park for 20 Galaxy Park on the northern portion of their property; and 21 WHEREAS, the City Commission of the City of Boynton Beach upon 22 recommendation of staff, deems it to be in the best interest of the citizens of the City of 23 Boynton Beach to approve and authorize execution by the Mayor and City Clerk of a Tri- 24 Party Interlocal Agreement between the City of Boynton Beach, the School Board of Palm 25 Beach County and Palm Beach County for the land swap and reconstruction/modernization of 26 Galaxy Elementary School. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\Reso - ILA Tri party with PSC & School Srd for Galaxy Elementary.doc '".1 II , 1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 3 hereof. 4 Section 2. The City Commission of the City of Boynton Beach does hereby 5 approve and authorize the Mayor and City Clerk of a Tri-Party Interlocal Agreement between 6 the City of Boynton Beach, the School Board of Palm Beach County and Palm Beach County 7 for the land swap and reconstruction/modernization of Galaxy Elementary School, a copy of 8 which Agreement is attached hereto and made a part here. 9 Section 3. That this Resolution shall become effective immediately upon passage. i:h. 10 PASSED AND ADOPTED this ~ day of January, 2010. 11 12 CITY OF BOYNTON BEACH, FLORIDA ~~ ~~ -"';-;1'/;)/ l ( 15 MBYor - Je Taylor . 16 i/:/ 17 18 19 20 21 22 - 23 24 25 26 · 27 28 ATTEST: 29 30 31 32 33 34 35 eso - ILA Tri party with PSG & School Srd for Galaxy Elementary.doc AGREEMENT WAS REVISED AND APPROVED UNDER RESOLUTION 10-029 ~\()-O\~ INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY FOR THE DEVELOPMENT AND USE OF THE GALAXY ELEMENTARY REPLACEMENT SCHOOL This Interlocal Agreement ("Agreement") entered into this _ day of ,2010, by and between the School Board of Palm Beach County, Florida, (the "School Board"), a corporate body politic existing under the laws of the State of Florida, the City of Boynton Beach, Florida, ("City") a Florida municipal corporation and Palm Beach County ("County") a political subdivision of the State of Florida. The School Board, City and County are hereinafter individually referred to as the "Party" or collectively as the "Parties". WITNESSETH: WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as defined therein, to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the City owns certain real property described on Exhibit "A" attached hereto and incorporated herein by reference adjacent to the existing Galaxy Elementary School ("City Property"); and WHEREAS, the City Property is subject to a reverter right in favor of the County as set forth in the County Deed recorded in Official Records Book 2706 at Page 999 of the Public Records of Palm Beach County, Florida ("Reversionary Right"); and WHEREAS, the School Board owns certain real property described on Exhibit "B" attached hereto and incorporated herein by reference on which the existing Galaxy Elementary School is located ("School Board Property"); and WHEREAS, the Parties are desirous of the School Board constructing the Galaxy Elementary Replacement School ("Replacement School"), and related auxiliary and ancillary facilities on the City Property and a portion the School Board Property; and WHEREAS, the School Board is willing to construct replacement recreational facilities on a portion of the School Board Property not required for the ReplacementSehool and to convey the property and improvements to the City upon the completion of con'struction ("Replacement Park"); and WHEREAS, the County is willing to release the Reversionary Right on the City Property and accept in substitution thereof the creation of a new reversionary right on the Replacement Park Property (as hereinafter defined); and 1 I' WHEREAS, the School Board and the City desire to cooperate in the development of the Replacement School by providing to each other certain rights and benefits in accordance with the terms and conditions contained herein; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS: SECTION 1: INCORPORATION OF RECITALS, The above recitals are true and incorporated as though fully set forth herein, SECTION 2: DEFINITIONS, The following terms when used in this Interlocal Agreement shall have the following meanings: 1,1 a) City Property, That certain parcel of land located at 441 West Boynton Beach Blvd, Boynton Beach, Florida, together and attached personal property is more particularly described with the legal description in Exhibit "A," attached hereto and made a part hereof. b) School Board Property, That certain parcel of land located at 461 West Boynton Beach Blvd, Boynton Beach, Florida, together with a building thereon and attached personal property is more particularly described with the legal description in Exhibit "B," attached hereto and made a part hereof, 1.2 Closino. The delivery of a Deed by the City or School Board to the other. 1,3 Closinq Date. a) The Closing for the conveyance of the City Property to the School Board shall occur not later than fifteen (15) days following City's receipt of notice from School Board that School Board is prepared to commence construction on the Replacement School. It is currently anticipated that the Closing under this subparagraph will be held in January, 2011, b) The Closing for the conveyance of the School Board Property to the City shall occur not later than fifteen (15) days following City's receipt of notice from School Board that the Replacement Park construction has been completed and the Replacement Park Property is ready for public use, Notwithstanding the forgoing, the Closing under this subparagraph shall take place not later than two (2) years after the Closing under subparagraph 1,3,a, above, unless extended by mutual agreement of the parties, 2 1.4 Deed. A Special Warranty Deed, which shall convey the Property from School Board to City and from City to School Board, substantially in the forms attached as Exhibit "G1" and "G2". 1.5 Effective Date. The Effective Date of this Agreement shall be the date upon which this Agreement is executed by all of the parties and the Escrow Agent 1,6 Escrow AQent Shall mean the law firm of Goren, Cherof, Doody, Ezrol, PA 1,7 Escrow Aqreement. Shall mean that Agreement entered between the City of Boynton Beach and the School Board of Palm Beach County, Florida setting forth the terms and provisions governing the exchange, 1,8 School Board's Address. School Board's mailing address is Director, Real Estate Services, 3661 Interstate Park Road North, Suite 200, Riviera Beach, FL, 33404 with a copy to Chief Counsel, P,O, Box 19239, West Palm Beach, FL 33416, 1,9 City's Address, City's mailing address is P,O, Box 310, Boynton Beach, FL, 33425-0310, with copy to Donald J, Doody, Esquire, 3099 E. Commercial Boulevard, Florida 33308, 1,10 County's Address. County's mailing address is Director, PREM, 3323 Belvedere Road - Building 503, West Palm Beach, FL 33406, with a copy to Howard Falcon, Esquire, 301 N, Olive Ave" Suite 601, West Palm Beach, FL 33401. 1,11 Title Inspection Period. Shall mean fifteen (15) days after receipt of a title commitment for the respective parcel. 1,12 Other Definitions. The terms defined in any part of this Agreement shall have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of each gender shall be deemed to comprehend either or both of the other genders, As used in this Agreement, the terms "herein", "hereof' and the like refer to this Agreement in its entirety and not to any specific section or subsection. SECTION 2: DEVELOPMENT OF REPLACEMENT SCHOOL AND REPLACEMENT PARK, 3 The School Board shall, at its expense, develop the Replacement School on the City Property and a portion of the School Board Property described on Exhibit "C" attached hereto, Such site plan shall be reviewed by the City. The School Board shall, at its expense, develop the recreational facilities set forth on Exhibit "D" on the portion of the School Board Property described on Exhibit "E" ("Replacement Park Property"). The School Board shall complete the construction of the recreational facilities prior to the conveyance of the School Board Property and the Closing shall occur as set forth in subparagraph 1.3,b, The site plan for the Replacement Park shall be developed in cooperation with and with input from the City, The Replacement Park shall be constructed using like-kind materials. The School Board shall provide materials using the same specifications as that used in construction of the Replacement School and the City shall be given the opportunity to review and approve the product submittals proposed by the contractor. The School Board shall use the City's specifications for specialty items such as the park benches, picnic tables and playground equipment that are not part of the typical school specifications, The School Board shall establish a budget of $813,000,00 for construction of the Replacement Park, which excludes any contingency, A contingency fund that includes contingency for the Replacement Park shall be established separately in the overall project budget. The playground equipment at the Replacement Park shall have IPEMA certification of conformance to ASTM F1487, Standard consumer Safety Performance Specification for Playground Equipment for Public Use and ASTM ST and Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipment. SECTION 3: EXCHANGE OF PROPERTIES, (a) Within thirty (30) days after the Effective Date: (i) the School Board shall obtain a title commitment (a "Commitment") from SouthEast Guaranty & Title, Inc. (a "Title Agent") for the issuance of an AL T A Form "B" Marketability Owner's Title Insurance Policy (the "Title Policy") covering the Replacement Park Property from Chicago Title Insurance Corporation (the "Title Company"); and (ii) the City shall obtain a Title Commitment for the issuance of a Title Policy covering the City Property. Upon receipt, the Parties shall exchange Commitments, The School Board shall obtain a survey of the City Property and the Replacement Park Property (a "Survey") which shall be prepared by a registered land surveyor, certify the acreage of each parcel to 1/1 ooth of an acre and be certified to the Parties, the Title Agent and counsel for the City, Within thirty (30) days after receipt of the City's Title Commitment, the School Board shall deliver a copy of the Survey to the City, (b) Within fifteen (15) days after receipt of the Commitment covering the City Property and Replacement Park Property, respectively, and the Survey (the "Title Review Period"), each Party shall deliver to the other Party written notice (the "Title Objection Letter") of any matters set forth in the Commitment or on the Survey to which it objects (the 'Title Defects"), Within ten (10) days after the Title Review Period (the "Title Response Period"), the Party receiving the Title Objection Letter shall advise the other Party in writing (the "Title Response Letter") which Title Defects it will satisfy and/or correct by Closing, and such Party shall be obligated to satisfy and/or correct all Title Defects that it agrees to satisfy and/or correct in its Title Response Letter. If a Party refuses to satisfy and/or correct by Closing all of the Title Defects set forth in the Title Objection Letter it received, then the Party sending the Title Objection Letter shall have the right, but not the obligation, to terminate this Agreement by giving written notice of such termination to the other Party within five (5) days after the Title Response Period (the "Title Termination Period"), whereupon, this Agreement shall terminate and the Parties shall be released from any and all obligations, each to the other, under this Agreement. 4 (c) If a Party fails to deliver a Title Objection Letter to the other Party prior to the expiration of the Title Review Period, then (except as otherwise expressly set forth in subparagraph (d) below) all matters shown in the Commitment and on the Survey shall be "Permitted Exceptions" (as hereinafter defined). If a Party fails to deliver a Title Response Letter to the other Party prior to the expiration of the Title Response Period, then none of the Title Defects set forth in the Title Objection Letter received by such Party shall be Permitted Exceptions, If a Party fails to terminate this Agreement prior to the expiration of the Title Termination Period, then such Party shall have waived its right to terminate this Agreement under this subparagraph (c), Except as otherwise provided in subparagraph (d) below, the term "Permitted Exceptions" shall mean: (i) real property taxes for the year of Closing and subsequent years not yet due and payable; and (ii) those Schedule B-II Exceptions of a Commitment and those matters shown on a Survey: (1) that a Party does not object to in its Title Objection Letter; (2) that are objected to in its Title Objection Letter but which the other Party refuses to satisfy and/or correct as set forth in its timely given Title Response Letter; (3) apply only to the Party who received such Commitment (e,g" certificates of good standing, resolutions, etc,); (d) Notwithstanding anything to the contrary contained in this Agreement (including, without limitation, subparagraphs (b) and (c) above), none of the following shall be Permitted Exceptions: (i) the Schedule B-1 Requirements of a Commitment (other than those that specifically apply only to the Party who received such Commitment); (ii) the Schedule B-II Standard Exceptions of a Commitment (other than the standard survey exception); (iii) any claim, lien, charge or liability affecting the Property covered by a Commitment that can be satisfied and discharged at Closing by payment of a liquidated amount (including, without limitation, mortgages and related loan documents); and (iv) any matter of record whether or not created (or permitted to be created) by, through or under the Party owning the Property covered by a Commitment first appearing in the public record or first known to the Party who obtained the Commitment after the original effective date of such Commitment. On or before Closing, the Party owning the Property covered by a Commitment shall be obligated to have satisfied, deleted and/or discharged from the Commitment and/or public record, as applicable, all matters set forth in (i) through (iv) above, (e) City shall pay: (i) the cost of the Commitment for the City Property; (ii) the cost of the premium for the ''Title Policy" (as hereinafter defined) for the City Property; (iii) one-half (1/2) the cost of the Survey; (iv) the cost of recording the "Deed" (as hereinafter defined) for the City Property and the quitclaim deed from the County; and (v) the cost of satisfying and correcting title and survey matters in accordance with subparagraph (d). (f) School Board shall pay: (i) the cost of the Commitment for the Replacement Park Property; (ii) the cost of the premium for the Title Policy for the Replacement Park Property; (iii) one-half (1/2) the cost of the Survey; (iv) the cost of recording the Deed for the Replacement Park Property; and (v) the cost of satisfying and correcting title and survey matters in accordance with subparagraph (d). (g) Within ten (10) days following the Effective Date, each Party shall deliver to the Escrow Agent to be held in escrow pursuant to the terms, conditions and provisions of the Escrow Agreement attached hereto as Exhibit "F" and made a part hereof ("Escrow Agreement"), in addition to all other documents referred to elsewhere in this Agreement, the following: (i) A special warranty deed (a "Deed"), in recordable form, conveying to the other Party good, marketable and insurable fee simple title to the Property then being conveyed, 5 subject only to the Permitted Exceptions, The Deed from each Party shall waive the reservations under Florida Statues Section 270.11. The Deed from the School Board to the City shall create a new reverter right in favor of the County in the following form: PROVIDED, however, that should the Property not be used for a public purpose for a period of sixty consecutive months, the same shall automatically revert to the County, This reverter right is created pursuant to that certain Interlocal Agreement between The School Board of Palm Beach County, Florida, The City of Boynton Beach and Palm Beach County For The Development and Use of The Galaxy Elementary Replacement School dated In addition, the Deed shall contain the grant of an access easement sufficient to provide vehicular and pedestrian access to the Replacement Park Property, The Deeds shall be substantially in the form attached hereto as Exhibit "G1" and "G2". (ii) A "Title Affidavit" in usual and customary form, together with any other affidavits, documents or other information necessary to satisfy and/or delete: (i) the Schedule B- I Requirements of the Commitment covering the Property then being conveyed; (ii) the Schedule B-1! Standard Exceptions of the Commitment covering the Property then being conveyed (including, without limitation, the "gap exception", the "mechanic's lien exception", and the "parties-in-possession exception"); and (iii) all other matters that are not Permitted Exceptions. (iii) An affidavit confirming that the Party conveying the Property is not a "foreign person" within the meaning of the U,S, tax laws and to which reference is made in the Internal Revenue Code, Section 1445, as amended, (h) Closing, unless otherwise extended pursuant to the terms of this Agreement, shall take place at the law offices of the counsel for the City, Closing may be extended by mutual agreement of the Parties and evidenced by an amendment to this Agreement. For purposes of this subparagraph, the School Board's Superintendent, or his designee, shall be authorized to approve any extension of Closing and is authorized to execute an amendment to this Agreement extending the Closing on behalf of the School Board without the need for any further action or approval of the School Board, For purposes of this subparagraph, the City's City Manager shall be authorized to approve any extension of Closing and is authorized to execute an amendment to this Agreement extending the Closing on behalf of the City without the need for any further action or approval of the City Commission, (i) Within ten (10) days following the Effective Date, the School Board shall place the Deed to the Replacement Park Property, substantially in the form attached hereto as Exhibit G2 and the recording costs, in escrow pursuant to the Escrow Agreement. Within ten (10) days following the Effective Date, the City shall place the Deed to the City Property, substantially in the form attached hereto as Exhibit G 1 and the recording costs, in escrow pursuant to the Escrow Agreement. Failure to deliver the required Deed and recording costs by either party shall constitute a default under the terms of this Agreement and allow the non-defaulting party the option of either terminating the Agreement or seeking equitable relief in the form of specific performance against the defaulting party, The Deeds and recording costs shall be held in escrow and released in accordance with the terms of the Escrow Agreement. U) Within ten (10) days following the Effective Date, the County shall place a County deed releasing the Reversionary Right in the City Property in escrow pursuant to the Escrow 6 Agreement. The County shall not be required to deliver any other documents such as a Title Affidavit or non-foreign affidavit. Other than the acceptance by recording of the reversionary right in the Replacement Park Property set forth in Paragraph 3,g,(i) above, delivery of the County deed set forth herein shall be the County's only obligation under this Agreement. SECTION 4: RIGHT-OF-WAY ABANDONMENT. As shown on the site plan submitted by the School Board to the City for the Replacement School, the City right-of-way for Galaxy Way lying south of NW 4th Avenue as more particularly described in Exhibit "H" attached hereto will be utilized for the construction and development of the Replacement School. Within thirty (30) days of the Effective Date, the School Board shall submit to the City any and all necessary applications for the abandonment of the Galaxy Way right-of-way in accordance with City codes and procedures, The City shall waive all costs and fees associated with the submittal and processing of such application, The City agrees to utilize its best efforts and expeditiously process the application and conduct a public hearing relating to the application, The School Board recognizes that any request for abandonment of public right- of-way requires review of the criteria set forth in City codes on a case-by-case basis, The results of such review cannot be determined until an application has been submitted and it has been reviewed by City staff and the public has been given an opportunity to be heard regarding it. The City thus cannot provide any assurance to the School Board, nor does it guarantee that said abandonment request will be approved. However, the City will utilize its best efforts to expeditiously process the approval of such request. In the event that the City does not approve the application for abandonment of the right-of-way within ninety (90) days of the Effective Date, the School Board shall have the right, but not the obligation, to terminate this Agreement within thirty (30) days of the City's action on the application, SECTION 5: PERMITS FOR CONSTRUCTION OF FACILITIES, The School Board, through its Building Department, shall be responsible for obtaining the necessary building permits required for the construction of the Replacement School and Replacement Park facilities described in this Agreement. The School Board shall have primary responsibility and the City shall cooperate and assist the School Board in obtaining all necessary permits from third-party regulatory agencies, including but not limited to the South Florida Water Management District. The Parties agree that the Replacement School and the Replacement Park may be considered a single project for the purposes of obtaining any permits from third-party regulatory agencies, SECTION 6: MUTUAL USE OF PARKING Following the completion of construction and conveyance of the Replacement Park Property to the City, the City and School Board, and their employees, agents and invitees, shall each have the non-exclusive right, in common with the other, to the reasonable use of the other's parking facilities within the Shared Parking Area ("Shared Parking Area"). It is acknowledged by the Parties that the Replacement School and the Replacement Park generate traffic during alternating time periods, such that shared parking for the two facilities has the potential to reduce the overall number of parking spaces required on each site, and the parties agree to cooperate in scheduling activities on their respective sites toward said goal. Notwithstanding the foregoing, the parties agree that the City may utilize the Shared Parking Area, located within the Replacement School Property, together and in conjunction with the School Board, from the end of the regular school day, but no later than 5PM, until 11 PM on 7 weekdays when school is in session, and from 7 AM until 11 PM on weekends and other days when school is not in session, on a first come, first served basis. The City acknowledges that School Board will maintain exclusive use of the Shared Parking Area located within the Replacement School Property for school activities during the school day as set forth above, The City acknowledges that School Board reserves the right to exclude the City's use of the Shared Parking Area located within the Replacement School Property for special events sponsored at, or by, the School Board, including but not limited to open house(s), performances, fairs, etc, School Board shall provide the City with a minimum of fourteen (14) days advance notice of such need. The parties agree that the School Board may utilize the Shared Parking Area, located within the Replacement Park Property, together and in conjunction with the City at all times, provided, however, School Board acknowledges that the City reserves the right to exclude School Board's use of the Shared Parking Area located within the Replacement Park Property at times during the day that the City has scheduled activities or all available parking spaces are required for the public use of the park. The City shall provide School Board with a minimum of fourteen (14) days advance notice of such need, Each party shall provide the other with access through any gates to roadways accessing parking areas located within the Shared Parking Area during the hours stipulated above, The gate to be located between the Replacement School Property and the Replacement Park Property shall be controlled and maintained by the City. The City and School Board shall each pave, and keep, maintain and repair their respective portion of the Shared Parking Area in good and sightly order, condition and repair, and each party shall assure that their respective portion of the Shared Parking Area is properly lighted and drained and is painted with stripes to designate parking spaces. No portion of the Shared Parking Area shall be permitted to fall into disrepair. The Shared Parking Area may be closed off only as reasonably necessary while repairs are being performed thereto. This provision shall survive both closings, SECTION 7: DEFAULT, The parties agree that, in the event any party is in default of its obligations under this Agreement, the non-defaulting party shall provide to the defaulting party thirty (30) days written notice to cure the default In the event the defaulting party fails to cure the default within the thirty (30) day cure period, the non-defaulting party shall be entitled to seek any remedy available to it at law or equity, including, but not limited to, the right to terminate this Agreement and seek damages, if any or specific performance, The School Board does acknowledge that in the event it fails for any reason to develop and construct the recreational facilities on the Replacement Park Property that the City will suffer damages to the extent the City has lost a valuable component of its park system, Consequently, the School Board shall be liable to the City to the extent of the replacement cost expended by the City to replace the park site and recreational facilities, Notwithstanding the forgoing, the City and School Board's sole remedy in the event of a County default shall be limited to specific performance, SECTION 8: DISPUTE RESOLUTION, In the event an issue arises which cannot be resolved between the School Board's Chief of Facilities Management and the City's Director of Recreation Services regarding the interpretation or application of any provision of this Agreement, the dispute shall be referred to the Board's Chief Operating Officer and the City Manager who shall both make a good faith effort to resolve the dispute. SECTION 9: NOTICE. 8 Unless otherwise specifically provided herein, all notices to be given hereunder shall be in writing and sent to the County Address, School Board Address or City Address, by hand delivery; certified mail, return receipt requested, postage prepaid; by a nationally recognized overnight courier service; or by facsimile transmission, Any such notice shall be deemed given upon the earlier of receipt by the addressees if hand delivered (or attempted delivery if refused by the intended recipient thereof), on the next business day after deposit with a recognized overnight courier service, on the day given if sent by facsimile transmission provided that the party making such delivery receives an electronic confirmation setting forth the proper phone number receiving such facsimile transmission and that the entire transmission has been properly received by the addressee without communication error, or on the third (3rd) day following deposit thereof in the United States mail. SECTION 10: GOVERNING LAW AND VENUE. This Agreement shall be construed by and governed by the laws of the State of Florida, Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County, SECTION 11: EQUAL OPPORTUNITY PROVISION. The parties agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, sexual orientation or gender identity or expression be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. SECTION 12: CAPTIONS, The captions and section designations set forth herein are for convenience only and shall have no substantive meaning. SECTION 13: SEVERABILITY, In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. SECTION 14: ENTIRETY OF AGREEMENT. This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. SECTION 15: INCORPORATION BY REFERENCE, Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference, SECTION 16: AMENDMENT. Except as otherwise provided for in this Agreement, this Agreement may be modified and amended only by written instrument executed by the parties hereto, SECTION 17: WAIVER. 9 No waiver of any provision of this Agreement shall be effective against any party hereto unless it is in writing and signed by the party waiving such provision. A written waiver shall only be effective as to the specific instance for which it is obtained and shall not be deemed a continuing or future waiver. SECTION 18: CONSTRUCTION, Neither party shall be considered the author of this Agreement since the parties have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. SECTION 19: FILING, A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County pursuant to Section 163,01(11), Florida Statutes, SECTION 20: EFFECTIVE DATE, This Agreement shall become effective when approved and executed on behalf of both of the Parties and filed with the Clerk of the Circuit Court in and for Palm Beach County, SECTION 21: NO THIRD PARTY BENEFICIARIES, This Agreement is made solely and specifically among and for the benefit of the Parties hereto, and their respective successors and assigns subject to the express provisions hereof relating to successors and assigns, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. 10 CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation BY ~~~ ITS: / / , Mayor t ~~e~ m. ~ , City Clerk ITS: City City Commission Approval Date: /-/q - 10 I-c;ro - JD Date: 11 THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA REVIEWED AND APPROVED AS TO LEGAL FORM BY School Board Attorney Monroe Benaim, M,D" Chairman Date: BY Arthur C, Johnson, Ph,D" Superintendent Board Approval Date: 12 ATTEST: COUNTY: SHARON R. BOCK PALM BEACH COUNTY, a CLERK & COMPTROLLER political subdivision of the State of Florida By: By: Deputy Clerk Burt Aaronson, Chair APPROVED AS TO FORM APPROVED AS TO TERMS AND LEGAL SUFFICIENCY AND CONDITIONS By: By: Assistant County Attorney Audrey Wolf, Director Facilities Development & Operations 13 INDEX OF EXHIBITS EXHIBIT "A" LEGAL DESCRIPTION OF CITY PROPERTY EXHIBIT liB" LEGAL DESCRIPTION OF SCHOOL BOARD PROPERTY EXHIBIT "C" LEGAL DESCRIPTION OF REPLACEMENT SCHOOL PROPERTY EXHIBIT "D" REPLACEMENT PARK ELEMENTS EXHIBIT liE" LEGAL DESCRIPTION OF REPLACEMENT PARK PROPERTY EXHIBIT "F" ESCROW AGREEMENT EXHIBIT "G1" SPECIAL WARRANTY DEED FORM FROM CITY EXHIBIT "G2" SPECIAL WARRANTY DEED FORM FROM SCHOOL BOARD EXHIBIT "H" LEGAL DESCRIPTION OF GALAXY WAY RIGHT-OF-WAY 14 EXHIBIT "AM LEGAL DESCRIPTION OF CITY PROPERTY 15 fK~'8rr .. A .. 11> ~LA .. .... ......M___.....,_............ . .............. , ......- .--.. ,.,-- LEGAl.. DESCRIPTION: " PORTION O~ THE SOUnlwi:ST ONE-Ot.lAR'TER (S,W. 1/4) or Sl!CTION :>1, - TOWNSHIP 4$ SOUTJol. f(ANOl: 4..1 E^!:T. LVING EAST or THE: EAST RIGHT-Or-WAY ., LINE or 1NTEHS1"tE 9:;. $.\lC PORTlON BEINC lolORE PNn,CUlAAI.V D~CR1B~D " AS FOLLOWS. . . COlAlolENC1NG /l,T THE SOUTHWE:ST COflN[R OF' SAlD SECTION 21; THENCE ON AN ~I.!ED ~ SWINe or NO~TH eg'4tl'2'9" !:AS"!' At.OHO THE' SOUTIoi ~INr: OF SAlO SE:CTION 21 " ~ . DISTANce or 992.72 F(ET TO AN INTERSECTION WITH THE SOUTHERlY E)(TENSION OF THE wEST l,JNE OF' RIOCEWOOO MANOR, ACCORDING TO THE PlAT THEREOF AS RECORDED IN P\.IIT BOOI< H. ON PACE 175. OF THE PU9UC RECORDS Of' PAllA StACH COUNTY, FlORIDA; I SAlO WEST ~INE ALSO SEING nn; t.AST LINE or THE wES'I' THREE-CuAATERS (w, ~/4) or , THE SOUTHWEST ONE-OUAPTER (S,W, 1/') or THE SOUTHWeST ONf;-OlJARrtR (S.W. 1/4) of" $AID SECTION 21: THENCE DEPARTING s.o.lO SOUTH ~INE mD ALONC SAID EAST AND l wEST ulllE. IIIORTI1 01'57':\1" WEST, A DIST"NCE Of' 53.04 rEET TO " POINT ON TH~ NO~~ICRL'r RIl;;:~ff-OF-W"Y liNt: OF SAID STATF; RCMO /1004 {BOYtffON BEACH BOUlEVARD) ~ SHOWN 0111 THE FLORIDA DEP.A.Rn.tENT or TAANSPORT4T10N ~ICHT-OF-WAY I,IA~. SHEET :i-A, 'SECTION 9~220-2412, OATED WOV 5n;, \970 AND POINT or BECINNING; THENCE COlllnNUINC NORTH or57'::W \'fEST AlOIIIC SAID EAST AND WEST UN~. A DISTNiCE or 139,29 FEET TO " POINT ON THE SOUTH R'IGHT-OF'-WAV liNE Of" SAID CAWY W4V AS LOCA TION MAP DESCRIBED IN OmClAL RECORDS 8001( 2226, ON PACE IOJ7 or THE PUBLIC IlrCOIl'D$ or PALM BEACH COUNlY. f'LORIOA; THENCI; DEPARTING SAID EAST 4ND WEST UNE !lORn; Nor TO SCALf e8'02'29" EAST AND ALONG SAID SOUTH RIGHT-Of-WAY LINE, " Dl$1'o\NCE Of" J:i,DO F'EET TO A POINT ON T~I[ EASTERLY ~ICHT-Qf'-W^Y OF SAID GAl.4)(Y WAY; THENCE OEF'AR'l'ING SAID SOUTH RIGHT-Dr-WAY AND Al.ONC s.\IO EASTERLY RIGHT-Of'-WAY THE F'OI.LOWING TWO DESCRIBED COURSES; (1) NORTH 01'57'31" WEST, A OIST-'/IICE or 377,34 F'EE:T TO A POIN1 or CI.IRVATURE OF' II. CURVE CONCAvE TO THE SOUTHEAST: (2) IIIORTHWESTERLY. NORTHERLY #,NO NORTHEASTERLy ALONG THE: ARC OF SAID CURVE HA\IlNC A RADIUS or 50.00 tEn "NO A CENTRAl. ANGLE 0'" 9"4$'4$', AN AltC OlSTANC( OF 80.06 f:'~E'I' 'TO A POINT OF TANCENCV ON THC $OU~ ~GliT-or-w"Y OF' N,W, 4TH AVENUE AS ou;C~I6tD IN orFlC""L RQ:ORDS BOOK 2226. ON PAGE 10;)7 0.- YME: PUBUC RECORDS or PAl~ BrACH COUNTY, Fl.ORIOA; THENCE DEPARTlNC SAID EASTER~V RICHT-OF'-WAY, AND ALONC SAID SOvTIi RIGHT-Cf'-Ylt.,y, NORTH 69"48'14" EAST, A OISTANCE OF 244.~6 F'ELl' '1'0 A POtNl ON THE wts'r l.IN( or nt6.T CCR'rAlN 20.00 FOOT ALLEY AS SHOWN ON RIDGiOWOOO HILLS, ACCOROI~C TO THe: P~T THEl<<:or AS RECOROeO tN PLAT BOOt< 23. Ofof PAGE :Z~, or TH( PUBLIC RECORDS or PALM aEACH COUNTl", F'LORlDA; THENCE OEP,IoRTINC SAID SOUT~ RIGHT-or-WAY t.,NO t..LONC SAID All!Y LINE "LSO BEING THE EAST LINE or niE EAS'l' ONE-~l.F' (t. 1/2) OF' THE: SOVTHWT ONE-QUARTER (S,~ 1/4) or THE SOUTHWt:sT ONE-Q~Tf:R (S.W. 1/4) or THE SOUTHWEST ONE-QUWER (S,W. 1/4) oF S4JD SECTION 21, SOUTH 01'51'44" EAST A DISTANCE OF :;/421 ftt:'\ to ^ PQINl ON THE NORTH RIGHT-OF-WA'l lINE Of' !wo STATE ROAO 6()04 (OOYNTON BEACH BOULEVARD). THENCE DEPARTlNC SAID Al.l.EY LINE AND <.ASl UNE AND ALONO SAID NORTH RIGHT-OF-WAY LINE, NOR'TM 89"20'08" WEST A OISTIINCE or 330,)8 FE:ET TO THL POINT OF' BECINHING. SUl'IJf:ct 10 ANY AD(lITIONA~ RICHI-Of-WAY, CONTAINING 1 i.:s"H2 SQUARE FEET (3.96) ACRES "'ORE OR lE$S, SAlD ~NO:; srflJ"T~, ~YING IINO BEING IN rHt; ell'!' or BOYNtON BEACH, PAlM BEACH COUNlY, FLOHIQ.t>.. SURVEY NOTES. ,. THE LCCAl. pr:~RIPnON SHOWN HERrON WI>5 PRE:PARrO 6Y hiE WRY('YOR. 2. KEm'1 IINO #'ssOCIllTtS, INC. CEflilflCATt or MlTH<>RC!AnOH NUMBER 15 l,B.fl>660, : J. THIS SKETC~ IS NOT VAliD Wll"HOlJT THE SIGNIIoTlJRE: AND ORlCINAL PAlSED SEAL or " ftORIOA LICENSED SllRVEYOR AND IAAPPEfl I 4. IT IS A VIQV.Tl0N Of' f<YLE 9n:;t7~(l OF THE FLORIOA ADI,4INISTAATIIIE CODE TO AlTER THIS SKDCH ANO DESCRIPTION "'ITHOUT THE I EXPRf:SSEO PRIOR WRITTCN CONSENT Of THE SURVEYOR, AODITIONS ~D DELETIONS IAAOE TO THE ~ACE OF THIS SKETCH MlO DESCRIPTION i\'ll.l w.1CE TMIS DOCUloA [I'll IN\lAllD, i :i, THIS SKtTCH IS NOT A eOUNO.o.Rl SUR\ItY o. BC,l.RINCS SHOWN HEREON ARE' AN ASSUIolE:D BE;ARING Of NORTH 69'.0'29" EAST AtONG THE SOIJTH UN!: or SECTION 21, TOWNSHIP 45 SOUTH, RANCE 43 EAST 7. LANDS 51101'1'1'1 HEREON WeRE. NO't "8STliVoCTED fOR RICHT!: or 'NAY, EASEMEl>lTS, OWNERSHIP. ANO OTHER IN'3TRUhlENTS OF RECORD CERTIFICA TlON: I HrR~BY CEP.TIN THAT THE AT1ACHW SKETCH oF' O(SCRIPl'ION or f.I!: HE:REON OCSCRJ6CO PRQPERl"r IS OEPleTEO TO THE BCST Of" MY KNOWLEOCE AND BEuEF .o.lolD THE 'NrORWoIIOU AS SURVtYtD UNOCF1 MY DIRECTION ON JMlUARY ,:!. 2010 lo(Ern THE MINIt.!UloA TtCHNICAL ST"N{)APO~ ~CT rORTH \lY '1~lt fLOKIOA aOARD or PRorESSION.oll 5UflVEYOPS AND IoIAPPE~ IN CHAPTl:R 51G17-6. F'l-ORIOA AOl.I1NlSTRAllVE CODE. PVRSUANT TO Sl;CTION 472027, rLORtDII srATum. SLt9JE:CT 'TO THE OUAt.IF'lCAnO~ NOTtD HE'P.I:ON, li:Effl1 ... A,<;SOC~'l:5, IN:;, CONSlJL TING ~N;:;IN~~~ i , "'ICH.o\EL 10( lolOSS[Y PROFESSIONAL SUR\I[VOIl "'ND IAAPPE:R RECISTRATlON Ng, !I560 STArt Of rLORlD" I ..~_..............__.. -~"'---'"-'"'" ,.. ..,_......~--... - ~~~'T"".E-::E [JA ;r 01j1{/10 OATF RCt4$rONS SKETCH & DESCRIPTION GALAXY PARK ~Qn!$vlting Sr19i,..,."."r"$ SCAL!' '"=100' .Jl)1 EAsr AfI..A/VTlC Q(XIUVA!/f) P04IPA/VO NACH, FlCWfDA JJ06t)-66<1J FlEU) BK~ A PORTION OF THE: SOUTHWI;;ST I/~, (~5J.) ?88-J4tx) FAX (g5-l) 7tJ8-J5()() OF SECTION 21. tOWNSHIP 45 SOUTH. ~"',.4.'L; mqilll1t~I.~-_PCio;",'t>t'l LD NO 66(i() OWNG ar~ RANGE 4.3 EAST SHE'E r ~ 01' ...2.- CHK 9t'~ OIIT 0" (JOT'N1'QoI 6tOO<, PAl." we" CQlJI<TY, rl,<>illo4 D)t'A WINe NO. 07:;:;...,01-$1<0 Pcr1<,dllWQ ,~,,-w'-t~-,. ~.'- i ...".. .. ._. ._..._.____...............M........ "_H'__ _ __. _ .....-.... ..------------ ...---............. ... .... ..-...----___.._.....__..,.., ..... ...._,.u_.....M..._ LEGEND: I I I .~::tl : BLVO aOUI.EVARD \:: R/OOE'WOOO tfANOR .. , i5 ... F,O.O.T flORIDA DEPARTMENT p/i 24. PG /75. P B.C,R ~t;) OF TRANSPORTATION cn~ 'fl~~ lB LICENSED eUSINESS ~, ~ o R.B, OmCIAI. RECOROS BOOK 'NESl lJH( "'"J~ ~~g: R1DllEli'OOO .....NOR P B. PLAT BOOK 1',9. 24. PC. 17~ ~. - ~ ':to ~ P,B,C.11 PALM BEACH COllNlY p,B,C,R. ""01 r JlI' 11m p~ '\)~ RECORDS ~ ~~ D 1I!l. 228. I>G. <J\l' PC. PAGE ~t:r: IOJ7, p,e.eR. $:>l.t) p.O.B, POINT OF BECINNING P.O,C. POINT OF COMl.1ENCEMENT N:W. 4TH AVENUE N.W, 4TH R!W RIGHT-or-WAY AVENUE- SEC. SECTION N89f48 14'!J 244.58 S.R. STATE ROAD R RAOIUS Sl)JTI'l R/W Ulolt w,w 4T1'l A'WtNVC & t:. CENTRAL ANGlE O..R,8. 2228, I'G 1037, L ARC LENGTH P.8 c,1t It Ce:NTERUNE ~ + z ~ SECTION CORNER 0 ~ d1 ~ ~ ~ VI tA$T UH~ << E .Ii. ~ ~. 5t~S'Il'Jl.SW"" SEe 21-4~-4J ~ fJt )J .)~. fl!W pt~ ~ \:l:) Q.~~ (.,J a.M. 222$. /'C. 10:17, ~G " ~~ ....) P.e.C,fl. t- .t>- O' }>c; :--J ~ (, ~ ,.....~ tH rr1 '))f'1)~ c:;) - .p... - '~ li ~~ E...S'TtRL y R/W UNE CALI.XV WAr >:>;1:- O,R,II, 22~8. NO, 10,)7, (Jl ~ '\I~ PB.C.Il. t!;," ~ IjY'l ~ sov n1 R,fW l,JNt lW.AlCY '/iA '"( N -~- o !i,Il. 2226. PC. , O~7. P,!j,C,R, -- a . NS8'02'29"E 35,00' E N01'S7'31"W 139.29' POS9Ll\.t R/W _ SCALE; ,. "" 1 00" "'~. - \ ,I,IlE,I, (NO llT1.( CQloIIolI'NtH! AVAIl'-8lt) ~ ~ NO"57"~1"W N89'20'OS"W 53.04' P.O.C. 330.38' ) :'~vt'~ COR I P,O.8. &C ZI-4l)-4,) (BEARING BASIS) NORTl4 R/W UN(-----~ - 20 21 N89'/IS'Z9"( ~soum LIN( or - 992,72' --1J SEe ~I-4~-o\J i V-- ~ -- - -, -- --'-'- - ~ - - - 29 j 28 S.R. 604 (N.W. 2ND AVENUE) BOYNTON BEACH BLVD. , (R/W F'tll f 0.0,'1, 5tC1JQH 93220-2412 'S"ttT ;),1, or 1'1) - ~ ..".....n. ------.-.............- ; - SKETCH & DESCRIPTION ~~~~E.~ ()A" 01/12/10 [JA IE REI4S101VS GAU\XY PARK cons~/t""19 ffiln!;l in eo "'-$ SCALE ".100' JOf c,.sr ATUfNnc 9()t.1lLV,4Hb A PORTION OF THE SOUTHWEST 1/4. POA/PANO BEACH. Fl. (JRttJA J.J()i()-65-1J .rtao BK.~ (95") 788-J400 FAX (954) 188-J5l)O OF SECTION 2 I, TOWNSHIP 45 SOUTH, ElIM..: mailtl/f.;ltt-_iI>/uc_ (B N() 68fj() O/fNG. Sf ~ RANGE 43 EAST SHtCT -'- 01" ...L.- C1TY or OO'I'WlON tltAoO<. P...... IlI:ACH c:o<.Dm', fl.OIllll.t\ O~A tHNC NQ Q7554,01-SKD Pork,dwq Ch'K 8 y "'u'" ~........"",.,- ........ : ......M.. ,_. ."....H. .... ....M._.... EXHIBIT "S" LEGAL DESCRIPTION OF SCHOOL BOARD PROPERTY 16 C_X ff -'-~..!.:r ..~ . T& ~L.~ ......... ...., .. ............,...........-. .......-...----.....-.----....-.----...-..,------.----.-- --. LEGAL OESCRfPTION: L:'''' I A PORTION OF .HE: SOUTHW~ST ONE-OU.t.RTER (S,w. If") Of SEC'TlON 21, TOWNSHIP 4~ ~~ i SOUW. P,ANCE 4.' EAST, LYlNC EAS. OF THE E:AS1 RICHT-oF'-w'&'y LINE OF' INW~S'1'Ajt 95. 'SAID PORTION BEINe MORE PARTICUI..ARlY DESC~leEO .&oS F'OLlOWS: COIo4MEI~CINC AT THE SOUTHWEST CORNER or SAID SECTION 21; THENCE ON .r..N ASSIJMEO BEARINC OF' NORTH 89'413'29" EAST Al.ONC THE SOUTH UNt Or SAID SECTION 21 A = - l I , DISTANCE OF 992.72 FEEl 10 AN IN1"ffiSECTION WITH THE: SOU1HERL Y EXTENSiON 01" THE Wf:ST UNE OF RfOcE'WOOO w.NOR, ACCORDING TO 1'lolE PlAT THEREOF AS RECORDE:O IN PLAT l'hnrt i BOOK 24, ON PACE 175, or THE PUBLIC RE'CORDS OF PALIol BEACH COUNl'l'. r"LORIDA; SAID wEST LINE ALSO BEINe; THE EAST LINt OF' THE WEST l'HREE-OUARTERS (W, 3/4) 0' THE SOUTI-tWEST ONE-QUARTER (S.W. 1/4) OF THE SOU'rHwrsT ONE-OU"~TER (S.W, 1/4) OF SAlD SECTION 21. THENCE OEPAR11NG SAID SOUTrI LINE AND ALONG SAID EAST AND WEST LINE NORTH 01'57'~1" WEST, 5~.04 FEET 'r0 A POINT ON 'rHE NORTHERLY RIGI-tT-OF-W....Y LINE OF SAID STATE ROAD 804 (BOYNTON BEACH BOULEVARD) AND POINT Or BECII'lNING; '('HENCE, AtONe SAID NORTHERLY RIGHt-or-WAY THE FOLLOWINC TWO DESCRISED COURSES: (1) NORTH 66"4:5'56" WEST, 2136,92 FEET; (2) NORTH JT26'2S" WEST, 86,49 tEEl TO A , POINT ON THE WTERLl" L1MITEO ACCESS RIGHT-Of-WAY UNE OF' INTERSTATE 95 AS LOCA TION MAP SHOWN ON THE RIGHT-QF-W""( IMP 3-A, SECTION 93220-2.'2, DATED MAY 5TH, 1970; NOT TO SCALf I TI-tENCC ALONG SAID EASTERLY LIMITED ACCESS ~'OTH-OF"-WA,( THE FOLLO\4rlNC THREE: i DESCRIBEO COURSES; (1) NORTr4 02"1'00' WEST, 4jB,57 n:rr; (2) NORTH 09'51'41" i WES., 160,.}0 FErri (3) NORTH OI'S7'Jl' WEST. 1244,27 F'EEl' TO AN INTERSECTION WITH THE WESTERLY EXTENSION OF lHE: NORT,. UNE OF' RIDGEWOOD MANOR, ACCORDINe 10 THE : Pl.A. THEREOF AS RECORDED IN PLAT BOOK 24, ON PAGE: 175. or lH[ PUBLIC RECORDS OF PAl'" BEACI-l COUNTY, fl'LORIDA SAiD NORTH LINE ALSO BEINe THE: NORTH L.INE: or THE SOuTI~ THREE-QU^RTER (J/4) or THE WEST ONE-H"lf (1/2) OF lHE SOUTHwtST DNE-QUARTEI? (1/4) or SAID SEcnON 21: THENCE NORTH 89"5S'S9" EAST ALONG SAlD NORTH LINE. 36V}J non to Ttit:: NORTHWEST CORNER OF SA.lD RloC(WOOD MANOR PLAT; THENCE SOUTH 0I'57'JI" E:/.ST ALONG THE w~ liNe: OF SAIO PLAT AND THE SOUTHERLY EXTENSION r~IE.REor: ALSO BEING THE EAS. L1~IE ot THE wEST THREE-OVARTtR (J/4) OF THE SOUTHWEST ONE-QUARTER (s.W. 1/4) OF THE SOU'1'HW(sr ONE-QUARTER (S.W. 1/4) OF SAID SECTION 21. A OIS'TANCE: 01" 1916,54 F'l:':ET TO THE POINT OF BECINNINC, CONlAlNIN!; 677.966 SQUARE FEET (1~.564) ACRES MORE OR LESS. S.AIO LANDS SITUATE. l YINe AND BEING IN THE em' Of' BO'l'NTON BEACH, P.&.UA BEACH COUNTY. FLORIDA, SURVEY NOTES: ; 1. THE LECAL DESCRIPTION SHOWN HEREON W"-S PREPARED BY THE SURVEYOR. 2, KEITH AND ASSOCIATES. INC. CERTIf'ICATE OF AUTHORIZATION NUt.4BER IS L,B,*e860, :} THIS SKETCH 1$ NOT VAUO WITHOUT THE SIGN41U~E AND ORICINAL RAISED SEAL Of' A FLORIOA LJCENSEO SURVEYOR ANO IoIAPP!::I'l, ~, IT IS A VIOLATION or RULE 61017-6 OF' THE f'Lcn:tIDA AOMINISTRA'TJVE CODE TO AlTtR THtS SKETCH ANO DESCRIPTlOrj WlTHOUT THE EXPRESSED PR10R YfflmEN CON&:NT or THE: 5uP.\'t:YOR ADDITIONS AND DELETIONS MADE TO T'~E FACE OF THIS SKE1'CH AND orSCRIPT10N WILL "'ME THIS OOCUlAe:NT INVALID. ~, ') HIS SKnCH IS NOT A BOUNDARY SultVLY, 6, BEARINCS 'SIiOWN HEREON ARE AN ASSUldE:O BEARING Of NORTH 89"46'29" ~l ALONG iHE SOUTH LINE Of' SECTION 11, TOWNSHIP 45 SOUTH, RANGE 4-' WT, CER T1FICA '1'101'1' I HEREBY CERTIN .HAT Tl-IE ATTACHeD SKETCH OF DESCRIPTION OF lHE HEREON DESCRIBED PROPERTY IS OEP1CTtO TO lHI:'; BEST OF IolY KNOWLEDGE AND BELIEF AND TIiE IN.ORMATION AS w~ITTEN UNDER lAY OIRe:C1ION ON JANIJ,I,RY 12, :Z010 M(('IS THE: ~INI"'U'" TECHNICAL. STANPAROS SET FORTH BY '!'HI: f:'l..ORIOA BOAAD 0, PROI'ESSIONAl. SUn\'tYORS AND lAAPPERS IN CH,\PTER 61 C 11-6. FLORIOA AOMINISTRA TIVE CODE, PU~SUAN1 TO SECTION 4720:27. J='LORIOA STATUTES. SUaJECT TO THE OUALIFICATIONS NO.ED HEREON, KElTN '" ASSOCIATES. INC. CONSULTINC ENCINEERS MICHAEL M, MOSSEY PROFESSiONAL SURVf.YOR AND W,PI'ER RfGI"TRATION No ~6SO STI'n: or FLORIOA . ~...~.._._."".'--' SKETCH & DESCRIPTION 1=<~~~~ ~-[ OA TE' 1/12/10 f)A rr REVfSlONS GAlAXY ELEMENTARY <:: Qf"' $W f t;,., g g"'gl"""<"I"'!!J SCALE N/A SCHOOL J()1 tASr A 7lANl1C BOI.IleY,4Nt) FlEW 8K.~ PO/tIPANO BeACH. fLOIWA ~J()60-o601.J A PORTION OF THE SOUTHWEST 1/4. (95-1) 7lJ1J-J4QO FAX (954) 186-,J500 OF sEe'nON 21, TOWNSHIP 45 SOUTH, trJAlL: ma#lIhi,/l-QUOCiq/rlLCOM L8 ~ ~.o OMlC, By_a RANGE 4.3 EAST SHffT ~ OF -L CITY or OOfllfOo< ~>l, p_ l/tACH Cov./IY. Fl~ ORA /tiNe NO 07554,01 CHK. flY ~ . .-.. . .......,.. .._.....,----..._-~--------_..__.._' .-... ~ . ..._"......,--_.................... ... .M...., .____......___.._..____._.. ... ,- NORlHWf;ST CORNER OF RIOGE:WOOO IAA/oIORS f>.B. 24, PC. 175, P,fl.C,R, VjESTERLY D<'IEN'lION OF THE NORlH LINE Of' RIDGE:WOOO "'''NORS ANI) NORTH LINE W ~ S ~ w )\, S.W. X. SEe Z1-4:)-4J ... ~ ~~~ ; Jl!i'-< ~~! c ;:~B e \ ;;1-< . i'- ~1 ~...a "'.-~ . 1:; % .. z .... "~-~L-.: :> .., ~~:ii- ~ 4 10 "'~. SCALE: 1" M:300" ~$I <d .It.~ " . ?~ . .~~ .q,.. ,to _ :IE ~J I . N;S: ,. ..,~9- ~:l1 ",' ~ 10,).., .-r.;.~ ~ ~ ~~~ .. ~, -+- t v"t .>L ~~;a ;." ~. I I--=- -1<\ ""! ~~8 r-:- .3~ LEGEND: ~ ~ z Bl YD, BOULEVARD ..~. FO.OT F'LORIDA DEI='ART~e:NT lJl~ <:> . . .... OF' TRANSPORTA'nON ~.~ L6 I.ICe:NStO 6US1Ne:SS O,R.e, OF~C~L RECORDS BOOK :t: PB. PLAT BOOK 0 N PB C R. PALM BEACH COUNTY RECORDS ..J PC PAGE 8 .. ., POB, POINT OF' BECINN1NC i " PO C, POINT OF' COMMENCEMENT f~ .... <, Rjw RICt-lT-OF'-WAY ~ '" POC SEC. SECTION s W cOlt ~ S.R, STATE ROAD SEe :Z1-"'~-4~ ~ It ctr>lrtRUNE V',> + ~~, POB see nON CDRNr.~ 21 ~. . ot: --N011l~'31'W - 211~ 992.72' - ~.o...- 29 (aEARINC BASIS) \"'NORlHERlY R/W- SOOTH ~INl: see Z' -45- 4~ flO'fNTON flEACH ORIGINAl. CENTERUNE S.R, 804 BOULEVARD ' BOYNTON 8E....CH DLVO, i (R/W ~F.;R r.O.O. T SECTION ' 9J220~2412 SHEET JA OF 17) : _.~_. _ ~ ......... ........ ~.._....."'....M__.._._,_._....__ SKETCH & DESCRIPTION I ~~.;!~:F~ OATr 1/12/10 OATF RrVlSlONS I GA~ ELEMENTARY C' on Su' r;n <;; f!1'" <;; i,.., cl!!n"S' SCAle AS SHOWN SCHOOL 301 ~~sr A Tl.A,,'nc BOt/lEl'ARD POUPANO 8~"'CH. n()llf{)A J.}06{}-664,] FJrl,I) 8K.~ A PORTION OF THE SOUTHWEST 1/4. (95") 7l18-.J4()O rAX (954) 788-.JS()() OF' SECTION 21. TOWNSHIP 45 SOUTH. E.IIAJl: mpiD..."'-_iI1tn.~_ 1.8 It'). IMf) /JItlVC 8'1'~!l!: RANCE 4J EAST SHEE:r ~ OF ..2..- (;I"" llt lIO'mlll'C llt.AO<. "..... oc;.cl1 Cou.tlY. ftOOtIClO MA IffNC NO. 07554,01 CHI( BY ~ .. ,.. ..-....,' EXHIBIT "e" LEGAL DESCRIPTION OF REPLACEMENT SCHOOL PROPERTY 17 Exu 1tj IT 'IC " Tf) Tt..A ..... n LEGAL DESCRIPTION: THISll ~ , . DESCRIPTION II! A PARCEL OF LAND BEING A PORTION OF' THE: SOUTHW!ST ONE-QUAATER (4) OF I SECTION 21, TOWNSHIP 45 SOUTH. RANCE 43 EAST SAlO P.IJ'lCEL BEING MORE !lr I PARTICULARLY DESCRIBED AS FOlLOWS: COMMeNCING AT THE SOuTHwEST CORNER OF SAID SECTION 21: THENCE ON AN ASSUMED BEARING .. OF NORTH 89'46'29" EAST ALONG THE SOUTH UNE OF SAID SECnoN 21 A DISTANCE OF 702.21i1 .. ~ -':"....,.,~ FEET: THENCE OCPARTING S,t,/O SOuTH L.INE NORTH 00'13'31" WEST, A DISTANCE Of 60,M FEET ~ // ;; TO Tl1E POINT OF' BEGINNING BEING A POINT OF INTERSECTION OF THE NORTH RIGHT-OF-WAY ~ rinr! LINE OF STATE ROAD 804 (BOYNTON BEACH BOULEVARD) AND THE US1'EI'fLY LIMrrEO ACCesS RIGHT -OF-WAY LINE OF INTERSTATE 95 f'S SHOWN ON "!HE fl.OR10A OEP.IJ'lTMENT OF' TRANSPORTATION RIGHT-OF-WAY MAP. SHEET '. SECTION 93220-2412, DATED MAY :STl-l, 1970; THENCE ALONO $AlD -' EASTERLY L1I.lITED ACCESS RIGHT -Of -WAY LINE TI-lE rOLLOWING FOUR DESCRIBED COURSES: (1) l NORTH ,3'1'26'.36" WEST, A DISTANCE OF 88."9 FEET: (2) NORTH 02'11'00' WEST, A DISTANCE OF 438.:57 FEEl'; (3) NORTH 09'51'.1' WEST, A DISTANCE OF 160,30 FEET: (4) NORTH 01'57',31" WEST, A DISTANCE Of' "03,76 FEET: THENCE OEPAAilNa SAID tASTERLY UNE NORTH 8lfl 1 '43" EAST. A DISTANCE Or 362.4,3 Ft~ TO A POINT ON THE WEST LINE Of RIOCEWOOO MANOR, ACCORDING TO THE Pl.AT THEREOf' AS RECOROEO IN PLAT BOOI< 24, ON PAGE 17:S, OF' THE PUBUC RECORDS or PALM !'StACH COUNTY, FL.ORlo,., AND THE WEST LINE Of THE EAST LOCA TION MAP ONE-HALf (E, ~) OF THE SOUTHEAST ONE-QUARTER (S.E. Y.) or THr SOuTHWEST ONE-QIJARTER (S,W. Y.) OF'THE SOUTHWEST ONE-QuAATER (S.w, K) OF SAID SECTION 21: THENCE SOUTH 01"57'31. NOT TO SCNoE EAST. ALONG SAID WEST LINE AND THE SOUTHe:~L'l' ExTENSION TI'lEREOF', A DISTANCE OF 157,5" FEET TO A POINT OF INTERSECTION WllH THE WESTERLY EXTENSION OF' THE SOUTH RIGHT-OF-WAY UNE OF' N.W, 4TH AvENUE, AS DESCRIBED IN omClA1. RECORDS BOOK 2226. PACE 1037 or 'THE Pu8uC RECORDS OF PALM BEACH COUNTY, FLORIDA: THENCE DEPARTING SAID WEST UNE NOR'fH 89'4&'\4" EAST, AND ALONe SAID WESTERLY EXTENSION ANO SOUTH UNE, A DISTANCE OF' 331.16 FEET TO A POINT ON THE WEST LINE Of' THAT CERTAIN 20.00 FOOT Al.I.EY AS SHOWN ON RIDGEWOOO HILLS, ACCORDING TO THE PLAT THEREOF I'S RECORDED IN PLAT BOOK 23. ON P"GE 250. OF THE PUBLIC RECORDS OF PIIl.M BEACH COUNTY. FLORIDA; SAID AlL€:'!' LINE ALSO 8EING THE WT UNE Of' THE EAST ONE-HALF (E, ~) OF '!HE SOllrHEAST ONE-QUARTER (s.t:. r.) or TMr SOUTHWEST ONE-QUARTER (S,W, Y.) Of' THE SOVTlfNEST ONE-QUARTER (S.W, r.) Of' SAID SECTION 21, THENCE DEPARTING SAID SOUni RIGHT-Of-WAY UNE. SOUTH 01.51...... WEST ALONG SAID EAST AND WEST UNE, A DtSTANCE OF 57.,21 FEET TO A POINT ON NORTH RIGHT-Of-WAY UNE OF STATE ROAO 804 (BOYNTON BEACH BOULEVARD): niENCE OEPARTINC SAID EASt LINE AND AlONG SAID NORTl1 RIGHT-Of-WAY UNE THE FOLLOWING TWO OESCRIBeo COURSes; (1) NORTH 69'20'06" WEST, A DISTANCE OF 330.38 FEET: (2) NORTH 85"..J'58. WEST, A DISTANCE OF 2BB.92 F'E!T 10 THE: POINT OF BEGINNING, SUBJECT TO ANY AODmONAl RIGHT-OF'-WAY, CONT.t.ININC 433,795 SOUARE FEET (9.96) ACRES MORE OR LESS, SAID LANDS SITUATE, lYING ANO BEING IN THE CflY OF BOYNTON BEACH. PALM B~H COUNTY, F'LORlOA, SURVEY NOTES: 1. THE LEGAL DESCRIPTION SHOWN HEREON WAS PRrPAAED 81 THE: SURVEYOR. 2. KE1TH ANO ASSOCIATES. INC. CERTlFlCATE Or "VTHORIZATION NVt.tElER IS LB,'6860, 3, THIS SKfTCH IS NOT VALID WITHOUT THE SIGNAT1JRE AND ORIGiNAl RAISED S~ or A FLORID" LICENSED SURVEYOR AND MAPPER. 4, IT IS A VIOLATION or RULE 61G17-6 OF' THE F'LORIOI>. ADMINISTRATIVE COo( TO ALTER THIS SKETCH AND OESCRlPrlON wITHOUT THE EXPRESSED PRIOR WRITTEN CONSENT OF THE SURVEYOR, AOomoNS AND DELETIONS WIDE 10 TI-lE FACE OF THIS SKf:TCH AND DESCRIPTION WILL MAKE THIS OOCUWF;NT INVAUO, 5, THIS SKETCH IS NOT " BOUNDARY SURVEY. 5, BEARINGS SHOWN HEREON ARE AN ASSUMED BEARINC or NORTH 89'46'29' EAST ALONG THE SOUTH UNE Of SECTION 21, TOWNSHIP "5 SOUTH. RANGE 4.1 EAST. 7, TI-lE PORTION OF THe DESCRIPTION HEREON LYING WEST OF THE WEST I"INE AND THE SOUTHERLY EmNSION OF THE WEST UNE Of' RIOGEWOOD MANORS WAS ABSTRACT EO FOR RIGHTS OF WAY. EASEMENTS, OWNERSHIP. ANO OTHER INSTRUMENTS or RECORD PER SOUTHEAST GUARANlY &: 11TLE, INC. SEARCH NO. 2904012 CERTIFIED "!HROUGH APRIL 5TH. 2009 0 8;00 A,M. THAT PORTION LYING EAST OF THE ABOve: DESCRIBED WESi LINE WAS NOT AElSTRACTED F'OR RIGHTS OF' WAY, E:o\SEMENTS, OWNERSHIP. AND OTHER INSTRUI.lENTS OF RECOOD. CERTIFICATION: 1 HEREBY CERTIfY THAT THE ATTACHED SKf:TCH 01' DESCRIPTION Of THE HEREON DESCRIBED PROPERlY IS DEPICTED TO niE BEST OF' MY' KNOWLEDCE AND BELIEf' AND THE INFORMATION f'S DESCRIBED UNOER lAY OtRECTlON ON JANUARY 1:<t, 2010 MEt::'1'S THE: MINIMUM TE:CHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFtSSIONAl. SURVEYORS ANO WPPERs IN CHAPTER e1C17~6, FtORIOA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027. FLORIDA STATUTES. SUBJEC'T 10 THE QUAlIFICATIONS NOTED HEREON, KEITH 6: ASSOCIATES, INC, CONSULTING ENCINEERS lAlCHAEL t.l, ~OSSEY PROFESSIONAL SURVEYOR AND IolAPPER flECISTRATION No, 5660 STATE OF Fl.ORlDA SKETCH & DESCRIPTION ~~3-.r-.r.F:r OATr 01/12/10 OATE RE~SIONS GAlAXY REPu\CEMENT 1/14/10 IlOUHDAAY ImIlSUl co,., suIt;,., s;' en9"n~e'-s SCALE 1"-200' SCHOOL .}Q! EAST A 7l.ANTlC BOtIlEVARO FIELD BK.~ PCHIf'ANO BEACH. fLORIOA J.J060-664J A PORTION OF THE SOUTHWEST 1/4, (951) 788-,HOO FAX (95f) 788-J5OO OF SECTION 21. TOWNSHIP 45 SOUTH, EMAIl,' molOt-'tlr-~ff$,~ LB Na 6860 OM/Co BY~ RANGE 43 EAST SH<<'T......J- OF ..1.- CHK. ey ~ CITY OF lIoYNTON BEACH. PAUl 9rACt1 COVIflY, 1't000OA ORA H/NC NO. 07554,Ol-Sl([) ROIllot_ kMoI.ft1I ~i5!(j'llII"""'" .::--..... .........- ---. - ..-. .... .-..... .-.. - " I \ Ii I;L II ~ I ,Y. II A I;>'\> It ~~(i ~\'\> ~r..~ <,~./' \ . is \110 1:1 I SCALE: 1 "_200" ~. ? \ i i- i I \ ... L\ ",illc: \ ~."l'> ; ~~ 'ii '" IS .. i 11 \ ~ ~~ la ~ . i (),. .. !< :'I rjl<V1~ ~ i li'.... P::?; ~ l"~ 11:'" :-'~ .. ~~ t ~; 5q, II ~~ N86,,'43"E 362.43' H ~~ __NOI'57'.3I"W ~ 43.76' ;~ ~.. SOl'57'31"!:: ... ,(11 ~ UlO 157.54' .. . .VI .. ~ O. 'SOU1HEItLy I:X'ItHSlON . . 'tI(ST UH( or ~ ~ IIIO<<WOOO 1MN0Il i SQJlII R,IW lJH[ ~ ~y _$ION N.W. -4lH AIOUt .... So RIW I'6l 0.11.8. QAS, ~. PC. 10~~. ij 722t, f'(;, IOJ7, I'.II.C.R. 1',!J,C,fl, :>3' ~ p(Il waT ,-,"t 20' :;r: OJU, 22ft. PO. ~E'f ~ 1'./1. 2). i: 1037, P.8.C.R. PC. 2~. P.8,C,R. ;.. LEGEND: 1111'3 AAfA 10 Ilt ~ .......c..n;n ':)J. I BLVD. BOULEVARD 10' F"Pk tASEllOIT f/I,,,,. ~,i'~fc, ~\,I> CUlM 8'1' ~ r.D.a.T. FLORIDA DEPARTMENT 1,) ~,.l.' ~~ ~c.' ~ s; OF' TRANSPORTATION ':l,1> \Iv FF'&:L FLORIDA POWER '" LIGHT ~~rfy'(,\.1> r;,~~m UNt: Of t t ~ LB LICENSED BUSINESS t>-c.'r:'.J~~' SI:~SWlI.sw O.R.B. OFFICIAL RECORDS BOOK c 21-4~-43 ./l>" \\10 ~ p.e, PLAT BOOK 'll' P.B.C.R. PALM BEACH COUNTY ? I RECORDS N3T26'36"W ... PG. PACE 86.... ~ P.O.B. POINT OF BEGINNING j7I P.O.C. POINT OF COMMENCEMENT NOO'J'JI'W~ 286.92' ;; ij R/W RICHT ~OF -WAY 60,~' N8B'4J'SS"W SEC, SECTION (BWING e~SlS) S.R. STATE ROAD 10 "N89'46'2~.E ~ .o.e. ~ - - U,E, unuTY EASEMENT - It .. - . -5 R IMM ~N W 2ND AVINUB) BOYNTON BBACB BLVD. R RADIUS S.W?'~OR (R/W ptR .O:O.T, SEcnOH 93220-2.612 SHE~T ~A or '7) - t:. CE:NTRAL ANCLE Sl:C 21-45-43 _______ L ARC LENGTH ~ CENTERUNE + SECTION CORNER SKETCH & DESCRIPTION ~~~~Z~ DATE 01/12/10 DATE ReVISIONS GAlAXY REPLACEMENT 1/14/10 BOUNIIi\RY REVISED oOr'lsu/ting en -gin ."."r$ SCALE 1 "-:l.o.o' SCHOOL .101 EASr ATLANnC DOUl.tVARf) flEW 8K.~ f>OAIPANO lJE:ACH. FlORIDA JJ06o-66-1J i A PORTION OF THE SOUTHWEST 1/4-. (95<1) 788-JWO FAX (95-1) 788-.]500 I or SEemN 21, TOWNSHIP 45 SOUTH, 9IAK.: mo/ltllt.,;fh-<ln.,dof~. com to M? 6860 OWNG. BY ~ RANG~ 43 EAST SHEET ---1- OF ..:L- CfTY or fIOYKI'ON GEAeH. PA\,LI BEACH COONlY. nOlllll.'. DRAIHNC NO. 07iM,OI-SlIO R s"llool.4wq CHK. BY ~ ~_h" ... --. -._.. EXHIBIT "D" REPLACEMENT PARK' SITE PLAN .... GALAXY PARK ---~. List of Park Elements Irrigation - Field and Park Soil Sod - Field and Park Fencing - Field and Park Back Stop Dugouts Benches for Field Clay Bases and Plates Lighting - Musco Bleachers Park Furniture Playground Landscaping Mulch - Playground Water Fountain Bike Rack Tennis Courts Restroom/Shelter Parking EXHIBIT .E~ LEGAL DESCRIPTION OF REPLACEMENT PARK PROPERTY 19 .-... .M..... LEGAL DESCRIPTION: A PORTION OF THE Of~ 1H~ SO\J'l'HWE:ST ONE-QUARTER (S.W. 1/4) OF' SECTION 21. TOWNSHIP 45 SOUTH. RANGE 43 EAST, LYING EAST OF THE EAST RIGHT-OF'-WAY UNE OF INTERSTATE 95. SAID PORTION ... BEING MORE PARTlCUl..A.RlY DESCRIBED AS FOLLOWS: '" ~ COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 21: ... THENCE ON AN ASSUMED BEARING OF NORTH 69"46'29" EAST N.ONG lQ m 1HE SOUTH l.IN~ OF' SAID S~CTlON 21 A DISTANCE OF' 992.72 F'EEl TO ~ N " ... AN INTERSECTION WItH 1HE SOUTHERl.Y rXTENSIOH OF' THE WEST UHE !i OF RIDGEWOOD hAANOR, ACCOROING TO 1HE FllAT THEREOF' I>S RrCOROED ..: IN PlAT BOOK 24, ON PAGE 175. OF' l'Hr ~U8UC RrCOROS or PALM BEACH COUNTY, F1.0RIDA; SAlD W~Sl UNE ALSO BEING THE EAST UNE OF' THE WEST THREE-QUARTERS (W. 3/4) OF THE SOUTHWEST ONE-QUARTER (S.W. f/4) OF THE: SOUTHWEST ONE-QUAAT~R (S,W, '/4) OF' SAID SECTION YN A r 21; THENCE. DEPARTING SAlD SOUTH UNE, NORTH or~7'J'. WEST AND l ALONG SAID EAST AND wtS1 UNf; A DIS1ANCE OF' 779,86 F'EE'!' TO THE POINT Of BEGINNING: THENCE DEPARTINC $AlD ~ AND WEST LINE SOUTH 88"1'43" WEST. A DiSTANCE Of 362.43 FEET TO A POINT ON THE EAST LIMITED ACCESS RIGHT -OF -WAY LINE OF STATE ROAO 9 (INTERSTATE 95) /oS SHOWN ON l'H!:: RIGHT-OF'-WAY WP J-A, SECTION 93220-2412. DATED MAY 5TH. 1970; THENCE NOR1H 01"57'.)," weST ALONG SAID ~IGHT-Of'-WAY LINE. A DISTANCE Of' 481.78 FEET: THENCE LOCA TION MAP OEPARTlNG SAID RIGHT-OF-WAY LINE NORTH 613"02'+0" EAST, A DISTANCE: OF 362,43 F'EEl 10 A POINT ON THE $AID EAST AND WEST UNE: THENCE NOT TO SCAlE SOUTH 0"57'31. EAST AlONG SAID EAST AND WEST UNE, A DISl'ANCE OF 482.73 FEET TO THE POINT OF BEGINNINC, CONTAININC 174,784 SQUARE F'EET (4,01) ACRES MORE OR LESS, SAID lANDS SITUATE. LYING AND BEING IN THE ellY OF BOYNTON BEACH. PALM BEACH COUN1Y. FLORiDA. SURVEY NOTES: I. THE LEGAl DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SV~OR. 2. KEITH AND ASSOCIATES, INC, CERTIFICATE OF' AUTHORIZATION NUMBER IS L.B.I6/360. 3. THIS SKETCH IS NOT VALID WITHOUT THE SIGNAllJRE AND ORIGINAl.. RAISED SEAL Of' A F'LORIOA UCENsm SuR'VEl'OR AND WPPE:R. 4. iT is A V10LATlON OF RULE 61G17-6 OF THE FLORIDA ADMINISTRATIVE CODE 10 ALTER THIS SKETCH AND DESCRIPTION WITHOUT THE EXPRE:SSED PRIOR WRITTEN CONSENT OF THE SURVEYOR. AOomONS AND DELEl'IONS MAO!:: TO THE fACE OF' THIS SKETCH AND DESCRIPTION WILL M.A.KE THIS OOCUMEfff INVALID. 5. THIS SKETCH is NOT A BOUNOARY SURVEY. 6. BEARINGS SHOWN HEREON AR( AN ASSUMED 8~ING OF NORTH 89'46'29" EAST ALONG iHE SOUTH LINE OF' SECTION 21. TOWNSHIP 45 SQUTH, RANCE +3 EAST. CERTIF'fCA TION: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF T1-IE HEREON DESCRIBED PROPER1Y IS DEPICTED TO THE BEST OF MY KNOWLEDGE AND BELIEf AND THE INfORMATION foS SURVEYED UNDER MY DIRECTION ON NOvEMBER 30. 2009 MEETS THE MINIMUM TECHNICAL STANDARDS SET F'ORTH BY THE FLORIOA SOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61017-6, F'LORIDA ADMiNISTRATIVE CODE:. PU~SUANi 10 SECTION 472,027. FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. K~ & ASSOCIATES. INC. CONSUL TlNG ~NG'NEe:RS MICHAEL M, MOSSEY PROF'ESSIONAL SURVEYOR AND MAPPER RrOISTRATION No. 5660 STATE: OF F'LORIDA SKETCH & DESCRIPTION -E<.-:EE~7:"".r-.r OAT( 1 1 /30/09 OAT[ REI,1S1ONS REPLACEMENT PARK co,-,su/t/l"7g engine~!!!".s SCAlI 1".160' JOI EAST A lUNnc 8()(JL~VARO A PORnON OF THE SOUTHWEST 1/4, OF PC/NPA/VO SEACH. FlONIDA .JJ06o-66<fJ FlEW 8K~ (951) 78B-J./OO FAX (~./) 7lJ8-.J$OO SECTION 21, TOWNSHIP 45 SOUTH, OIAIL: mo#.ilifh--'of..,.oom LO NG 6860 OWNG. 8'1' ~ RANGE +3 EAST SHEET ~ OF -L CITY OF OOYNTON BtACH. PAu.l 0CIlC1I COVN1Y. FLORIO'" ORA HfN(; NO, 07554.01-SKO-Q1.dwg CHK. ey ~ 01551.__... -........""" n. .. .. -,- ' -- -. -~... ACReAGE I N...,,6TH' AVE N68"02' 40HE 362.4:3' III ,;I~ ' :z: co '" ~ ~ ~~~ !! i'~ % VI !". i co ;lil~ 0 g ~;XI::f'1 ,61 .... II:: - . :..~~ It !::OI!~ d1 ~ ;:t I ?i~o ~ ~~~ ~.. ~ ... . .... IT! '" . .' o~ ~ !$ ~~~\~~;)' ... ~ oo~ ~"'<t-. - ~ -- ~ ~ l.; ~ rr.,f. t\;' (" .. S ell. v<. ~\(j ~. ~~. } .' \ " "ll iil ..., \:J 0 \-l~ l:J ~ .... ~!ll saalf4:3.W ~~ P.O.B. ~i;! ~ - ~r).\ I '" ~~ ~ 8 - ~ 2 rl" ~ ~~~ SCALE: 1.= 1 60" ~\J = III ;z: j.( ~~c,t 8 :'>:;;! ...J g LEGEND: !"$ ....J cfi II' cf. "'-< ~....s i'il: ~ BLVD. !' OJvJ ~~ BOULEVARD 'U ';t <1'. -- ~~~ F.D.O.T. FLORIDA DEPARTMENT fl~ · - ~ ~~ OF' TRANSPORTATION "'Ill 'fill! LB LICENSED BUSINESS Y'~ ~1i~ O.R.S. OffiCIAL RECORDS BOOK ~~ t-'" f)Ul ...... P,B. PLAT BOOK 1"" "1;\ P.B.C.R. PALM BEACH COUN1Y Rf:CORDS i !i\ PC. PAGE '" P,O.B, POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT R!W RIGHT -OF-WAY SEC. SECTION S.R. STATE ROAD ~- ~~- ~ CENTERLINE 20 21 N89'46'29"E 992.72' SEe 21-4-5-4J + SECTION CORNER ?:"O,C. '2t 24 '4:- ~.~. 80. (N.W. ;00) AVINUB) BOYNToN BUCH BLVD: S,W, cORNER or (ftfW P!;R F.D.O,T, stCllON 93220-2412 SHEET JA OF 17) SEC. 21~4S-.3 ~ SKETCH & DESCRIPTION ~~~-!- :r -!: OAlF 11130/09 OAff RD1SIONS REPLACEMENT PARK eCI"> Bult/no en gIn eers SCALE' 1"=0160' .JOt EAST A ll.ANllC 8()(./1.~VARf) A PORTION OF THE SOUTHWEST 1/4, POMPANO BEACH. fLOHIOA .].](61)-660 FIHO 8K.~ (951) 788-,J4(}() FAX (9$4) 788-J500 OF SECTION 21. TOWNSHIP 45 SOUTH. atAl/.: ",g_IIIUI-~/~t:tJtrI t.8 NO. 6860 OHNC BY ~ RANGE 43 EAST SH~a -1.... OF -L- I CITY O~ 9O'l'NTON~, PI'UA 8EACH COVNTY, fl.OflO' OHAiffNG NO. 07554.01-SKO-Ol.dw CHK. BY~ ....... EXHIBIT "F" ESCROW AGREEMENT 20 ESCROW AGREEMENT THIS ESCROW AGREEMENT is made on this _ day of January, 20 I 0 by and between the City of Boynton Beach, Florida, a Florida municipal corporation (hereinafter the "City"), and the School Board of Palm Beach County, Florida, a corporate body politic existing under the laws of the State of Florida (hereinafter the "School Board") . WITNESSETH WHEREAS, on , 2010, the City and the School Board entered into an Interlocal Agreement for the Development and Use of The Galaxy Elementary Replacement School; (hereinafter the "ILA") for the exchange of certain Park property owned by the City as described on Exhibit "A" attached hereto and incorporated herein (hereinafter the "City Property") and for certain Replacement Park property owned by the School Board as described on Exhibit "B" attached hereto and incorporated herein (hereinafter the "Replacement Park Property") as more particularly described in the ILA; WHEREAS, the City Property is adjacent to certain real property owned by the School Board on which the existing Galaxy Elementary School is located (hereinafter the "School Board Property"); WHEREAS, the School Board is desirous of constructing the Galaxy Elementary Replacement School on the City Property and a portion of the School Board Property. WHEREAS, the School Board is willing to construct, at its expense, replacement recreational facilities on the Replacement Park Property and to convey the property and improvements to the City upon completion of the Galaxy Elementary Replacement SchooL WHEREAS, the City and the School Board have agreed to close the transaction and exchange the properties in accordance with the terms and provision of the ILA, provided that the Deed from the School Board to the City for the Replacement Park Property (hereinafter the "Replacement Park Deed"), the Deed from the County releasing the reverter right in City Property in favor ofthe School Board ("County Deed") and the Deed from the City to the School Board for the City Property (hereinafter the "City Property Deed") shall be held in escrow along with monies in the appropriate amount to cover recording fees for each of the Deeds to secure the School Board's conveyance of the Replacement Park Property to the City upon the completion of the Galaxy Elementary Replacement School, but in any event, no later than March l, 20 1 3, WHEREAS, the City and the School Board further agree to name the law firm of Goren, Cherof, Doody & Ezrol, P,A. to act as escrow agent and hold the Replacement Park Deed and the City Property Deed in escrow in accordance with the terms and conditions set forth below; NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Appointments - GOREN, CHEROF, DOODY & EZROL, P.A. (the "Escrow Agent") is hereby appointed escrow agent with respect to the subject matter of this Agreement, upon the terms and conditions hereinafter set forth. 2. Escrow Deed~ Duties of Escrow Ae:ent - Escrow Agent hereby agrees to hold in escrow three Deeds: 1) The City Property Deed conveying to the School Board the City Property; 2) the County Deed releasing the reverter right in City Property in favor ofthe School Board; and 3) The Replacement Park Deed conveying to the City the Replacement Park Property. In performance of duties hereunder, Escrow Agent shall give consideration only to the provisions of this Agreement and the provisions of the ILA in pari materia. The Escrow Agent is not a party to, nor is it bound by, nor need it give consideration to, the terms and provisions of any other agreements or undertakings between the City and the School Board or either of them and third parties, and Escrow Agent has no duty to determine or inquire into the happening or occurrence of any event or contingency or the performance or failure of performance with respect to other provisions of this Agreement or with respect to arrangements, agreements or contracts with each other or others. Escrow Agent's sole duty hereunder shall be to comply with the terms and provisions ofthis Agreement. 3. Recordine: - Once the School Board has, at its expense, completed the construction ofthe recreational facilities on the Replacement Park Property, the School Board shall provide written notice to the City and the Escrow Agent. Not later than fifteen (15) days following City's and Escrow Agent's receipt of notice from School Board that the Replacement Park construction has been completed and the Replacement Park Property is ready for public use and accepted by the City, the Escrow Agent shall record the Replacement Park Deed in the Public Records of Palm Beach County, Florida, The Replacement Park Property shall be deemed completed when the Park facilities as set forth in the ILA as Exhibit D are fully operational and the Replacement Park Property has received all required governmental approvals, However, in the event the School Board fails to complete construction of the recreational facilities on the Replacement Park Property or provide the written notice of completion to the City and Escrow Agent on or before March 1, 2013, the Escrow Agent shall proceed to record the Replacement Park Deed in the Public Records of Palm Beach County, Florida. Escrow Agent's responsibility to proceed is conditioned upon the ILA is not terminated by either party. The Escrow Agent shall provide copies of correspondence and the recording of the Replacement Park Deed to the City and the School Board. Upon recording of the Replacement Park Deed by the Escrow Agent, Escrow Agent shall thereby be discharged and released from any liability under this Agreement. The City Property Deed which conveys the City Property to the School Board and the County Deed will be recorded in the public records of Palm Beach County by the Escrow Agent not later than fifteen (15) days following City's and Escrow Agent's receipt of notice from School Board that School Board is prepared to commence construction on the Replacement School. 2 4. Notices - Any notice or demand given or required by any party hereunder shall be in writing and shall be sufficiently given or served by being deposited, postage prepaid, in a United States Post Office depository, sent by registered mail or certified mail, return receipt requested as follows: If to City: City of Boynton Beach, Florida 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Attention: Kurt Bressner, City Manager With a Copy to: James A. Cherof, Esq. GOREN, CHEROF, DOODY & EZROL, P.A, 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tel: (954) 771-4500 Fax: (954) 771-4923 If to School Board: The School Board of Palm Beach County 3661 Interstate Park Road N. Suite 200 Riviera Beach, FL 33404 Attn: Barry L Present, Director With a Copy to: Blair R. Littlejohn, III 3318 Forest Hill Blvd., Suite C-302 West Palm Beach, FL 33406 Telephone: 561-434-7471 Fax: 561-357-7647 If to Escrow Agent: James A. Cherof, Esq, GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tel: (954) 771-4500 Fax: (954) 771-4923 Escrow Agent may act upon any written notice, request waiver, certificate, receipt, authorization, power of attorney or other instrument or document which complies with the terms hereof and which Escrow Agent in good faith believes to be genuine and to be what it purports to be, 5. Disputes; Exculpation (1) In the event that a dispute shall arise as to the disposition of any contents of the 3 Escrow, Escrow Agent shall either hold the same or at Escrow Agent's election, deposit the same with a court of competent jurisdiction pending the decision of such court, and Escrow Agent shall be entitled to rely upon the decision of such court with respect to the disposition of such Deeds, after the expiration of any appeal period, (2) In the event of any dispute, Escrow Agent shall be entitled to consult with its counsel and be reimbursed for all expenses of such consultation with respect to its duties as Escrow Agent and shall be further entitled to all reasonable expenses incurred in connection with such consultation, All such expenses shall be paid from funds deposited herein to the extent such deeds are sufficient. (3) Escrow Agent is hereby released and exculpated of all liability whatsoever arising out of or in connection with its activities as Escrow Agent hereunder, except to the extent of loss or damage caused by its willful misconduct or gross negligence. (4) Escrow Agent may act or refrain from acting in respect to any matter referred to herein in full compliance upon and by and with the advice of counsel which may be selected by Escrow Agent and shall be fully protected in so acting or in refraining from acting upon the advice of such counsel. (5) The City and the School Board hereby agree to indemnify and hold Escrow Agent harmless from and against any and all claims, liabilities, judgments, attomey(s) fees and other expenses of every kind or nature arising out ofthis Agreement, other than such claims resulting from the willful misconduct, or gross negligence of Escrow Agent. (6) Escrow Agent shall not be required to institute or defend any action or legal process involving any matter referred to herein which in any manner affects its duties or liabilities hereunder, unless or only as requested to do so by the City and the School Board and then only upon receiving full indemnity in an amount, and of such character, as Escrow Agent shall reasonably require, against any and all claims, liabilities, judgments, attomey(s) fees and other expenses of every kind in relation thereto. Any such sums are to be paid by the party whose position is not sustained. 6. Counterparts - This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute and be one and the same instrument. 7. Captions - The paragraph headings of this Agreement are for convenience or reference only and shall not be construed as defining or limiting the scope of any provisions hereof. 8. ControlIine: Law - This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. 4 IN WITNESS WHEREOF, the parties have hereunder set their hands as of this day and year first above written. CITY OF BOYNTON BEACH, FLORIDA, THE SCHOOL BOARD OF PALM a Florida municipal corporation BEACH COUNTY, FLORIDA T _ ,'. "'''' ----- - B);. By: Monroe Benaim, M.D. T': May~ Title: Chairman Signed on: By: Arthur C. Johnson, Ph.D Title: Superintendent Board Approval Date: ESCROW AGENT: GOREN, CHEROF, DOODY & EZROL, P.A. By: James A. Cherof, Esq, Title: Signed on 5 EKtf'S'~ "A n ~ ESeAou A6',"f .. ..0 ... ........--.".-.--..---.---- ... " ,.....-....."...........,., '.. .- , I LEGAL OESCRIPTION: THISII II ". PORTION OF THE SOUTHWESl' ONE-oUARTER (SW, l/~) OF SECTION 21, 1= f TOWNSHIP 4:i SOUlH, l'lA.NOl'. 4:.) CAST. 1.'fltolC EAST OF THE WT RIGHT-OF-W.~Y DESCRIPTION .. UNf: OF" IN1ERSTATC 9:1, SAIO PORTION l:lelNG MORE I"ARTICUl.,ARLY' OCSCRIOCO ., I AS FOLLOWS: ~.~ .. I ~ .. \"1 r CO"'MENCING A'I HIE SOUTHWEST CORNeR OF SAID stCiION 21; THENCE ON AN IISSV"'E:D \ I~ I O~RINO OF" NORTH 69'46'29. EAST Al..ONG THE: SOVTH I,.INE or SAID SECTION 21 " ~ .....;; ~ ;c... 'll DISTANCE Of 992.12 FEET TO ,AN INTERSEcnou WITH THE SOUTHERLY OOENSION OF THE /! i , WEST utolr; OF R1DCt'NOOO MANOR, ACCORDING TO THE PLAT THEREOF AS RECORDED III m J ". ; I Pv.T 9001< 24, ON PAGE 175, OF' THt PUBUC RECOROS or PAl,,1oI eWH COlJNT'(, nOR/eM; &IIID WEST LINE AlSO BONG THE EAST LINE OF THE WEST 11ofREe:-QUARTERS (W, 3/4) OF l'llnrf THE SOllTllWEST Ot~[-oUo'RTER (S,W. 1/4) OF' 110fE S0\11HWEST ONE-QUARTER (S,W, 1/4) or SAID SeCTION 21; lH~NCE DEPIIRTlNG SlJO SOVTH UNE AND A.l.ONG SAlD fAST I\ND WEST LINt:;, NORTH 01'$7'J'" WEST, A DIST"NCE or :'J,04 f'W TO A POINT ON THE NOP.1HE:/,(~Y RIOHT-Qf"-W"Y ~INt: OF' SAIl> STATE: RON) 80-4 (9OTNTON StACH 8OlJU:VARD) ...s SHOWN ON THE nORlo;.. DEPARTIolENT OF TRANSPORTAT1Ol-I RIGHT-OF-WAY w.? SHEET o3-A, SECTiON 9.3220-2412, OATEO loIAY 5TH, 1970 AND P01NT OF aECINNINC: THENCE CONTINUINC NORTH 01'!j7'J,'" WEST ALONe SAlD F;AST AND WEST UNE, " DISTANCe: OF I 1JQ,211 fHT TO A POINT ON THE SOlfTH RIGHT-OF-WAY UN!:: OF' 5.4.10 Co\U.XY W"Y AS lO..QA TION MAP i DESCRIBED IN OFFICIAl. RfCORDS OOOK 222lJ. ON PAGE 10.37 OF THE' PUBLIC RECORDS i I or !),fU4 m:/lCH COUNTY, rLOfflO"; THENCE DEPARTING SAID F;AST AND WEST UNF; NORTH NO'r TO Sc,4U: I 8lr02'29. ooT AND ALONG SAID SOUl'" RIGHT-Ol'-WAY L1N!:, A "'S'l'ANCf. or .):;,OQ FEEl TO A rOlliT ON THE EASTERLY RIGI'IT-Ol'-WAY or SAlD ClAI.AXY WA'(; THENCE DEPARTlNC SAl0 SOUTH RIGHT-Ol'-WA.Y AND Al.ONC SAID tASTtf!LY RIGHI-or-w...Y THE FOLl,OWINC TWO DESCRIBED COURSES; (1) NOR~ 01'57'JI' WEST. A DISTIoNCE OF J77.34 FEET TO A POINT or CURV.f.TURE or A ClJkVt: cONCAvE TO THE SOUTHrAST; m NORTHWESTERlY, NORTHERLY AND NORTHEASTtRLY ALONe TH~ .ARC OF SAID C:U"'-'E HAVING It RADIUS OF ~,OO f:'EET A./IIO A CENTRAl. .f.NGU: or 91'4!1'4tl", AN AAC OISTANCE OF' 1l0,Ol;l n:cr TO A POINT or ! rANGf::NCY ON THE SOUTH RIGHT-Of-WAY Of N,W, 4TH AVENUE AS OtsCR/8EO IN OfFIcIAL RECORDS 900K 2:;:26, ON PAGE 1037 or THE PVOLIC RCCOfll'J$ OF P"L.M [lCAC~1 COUNtY. FlORIDA; THENCE DEPARTING SAlO EASTERLY RIGHT-Of-WAY, AHO ALONG SAID SOUTH RleHT -OF -WAY. NORTH 89'48'H" EAST. A OIS1'ANC( or 244.:18 rEO' TO I>, POINT ON THE W~T ~1"'E or T~T CERT,lJN 20.00 rOOT .I,U..EY AS SHOWN ON RtOOEWOOO HIL.LS, ACCORDING TO THE PLAT THEREOF AS RECOROEO IN PLAT BOOK 23, ON PAGE 250. OF' THE PUBUC RECORDS or PALM BEACH COU~l1Y, nOPIOl>,; THENCE O!.PAR'(lNG SAID SOVTti RIOHT-or-WAY AND Al.ONO $1>,10 ,lJJ.ty UNE A.l..SO BElNC TI'IE EAST UHF:' OF Tl'tf: CAST OI'ft:-HALf (E- 1/2) or THE SOUTHEAST OHE-OUIIRTER (':;.E, 1/4) Of THE SOUTHWEST ONE-OUARTER (s_w 1/4) OF THE SOuTl1WEST ONE-QUARTER (S,W. '/4) OF SAID SECTION 21, SOUTH 01'51""" EAST A DISTANCE or I 674,21 FEcr TO A POINT ON Tlit NORTH RIGHt-Of-wp,'( Wit: or SAID STP,Tt Ro.o.o 604 (BOYNTON ElEACH BOfJl.tvARD). THENCe DEPARTlNC SAID ALLEY UNf: 1\1010 EAST UNE AND ALONG SAID NORTH RIOHT-OF'-WAY I.INE. NORTH 89',0'06" wtST ,. Ol$YANCE OF' 3~:5a ! FEET TO THE' POINT OF BEGINNING S\JBJECT TO ANY AODlTION.A.~ FUOHT-ott-WAY, I CONTAlNINC 173,372 SOUARf: I'1XT (J,Q6) ACRES 1.40RE OR LESS. Sl\ID LANQS $lT\J.f.TE, L 'fINe; .f.ND BEINe IN THE CITY OF BO'fNTON I BElICH. PALM BtACH COUNTY, flORIDA. SURVEY NOTES: I. 'rHE LEG,t,L DESCRlPnOH StiO't'lN l'4~toN '11M. PREPAREO ll'Y THE SVR\fEYOR. ! .2. I<!:ITI-I A.Ntl ASSOC""TCS, INC. Cli:RnnCATt or AlJ1'HORIZATION NIJ~R IS LB,'Ila~, J. TI-lIS SII:!:'t'CH 1$ NOT VAUD WITHOUT THE SIGNATURE NjO ORICINAl. AAISI:O SEAl. OF ... F~ORI()A LlCf)lSro SURVEYOR NIP UAPPER. I 'I. IT IS ". VIOLATION Of RUl.f 61C17-S OF THE FLORIDA ADt.llNtS1AA'tJVE: Coot iO ALTER 'Jl.f1S $J<f:!'CH AND DESCRIPTION WITHOUT THt , EX~ESSED PRIOR: WRIT1't'N CONStNT or THe SURVEY~, AODrTlONS AND O(I.r1'1ONS IMOE: to '!lIt rACe or THI$ SI<C'TCH ...NO OLS~IPT10N . WlL~ IM/<( )'HIS DOC!)",!:NT INVAL/ti. . ~ THIS SKETCH IS NOT ... DOUNDAA'I' ~. ~. OD\RINOS OS"IOWN He;REOl" ARE A,N ASSUUED SEAAIHO OF NORTH "51'45'29- CAST IIlQNG TliE SOUTH UNE Of" SECTION 21. TOWNSHiP 4~ , sounl. IlANO( 4~ E)$T, I 7. l"ANDS SHOWN HEREON weRE NOT A6'$TRACTEP FOR RIGHTS OF WAY. tASElolENTS, OWNERSHIP, AND OTtfEI'I INSTRUI.IENTS or RrCORD. I cEfrnFICA TIOH; I I HERrnV C(flnFY ooT THE ATTACHE:O SJ<ETCH Of DESCRIPTION or TWt HeRCON OesCRIBE;D PROPERlY IS DE:I>ICTED TO THE 8!:ST or /.In' I P<NOWlEtlCE AND BruEF A.ND THe INfORMATION /is SUfM:VE0 UNDER MY OIRt'CTlON ON ,lANUJ.RY \2., 2010 wetTS THe "INIIAUII TtCHHICAl. STA.NDAROS S<:T FORfI~ ay THe rLO~lo,.. BOARO or PROF'ESSIONAl. SVR\IP'OIlS ANO wPPf:RS IN CtWl'lER 6ICI7-6, f'LMIDA /llIl.lINISTRATN'E CODe, PvRSuANT TO SECTION 472,027, fLOf'!IDA STI\TVTES. SU!lJECT TO TI'4E OUJ\lJfIC.'.nON3 NOTtO H~I!~ON. I Kelt'" ~ Al>"SOCIATt"S, INC. t CONSULTING E/'IClNEEI'lS ! M~IACl lA, uOS$E;Y I PROFESSIONAl. SUJ<:vt'YOR ~"'D ..w>PER R~CI~H.o.f10N No. 5660 i ST'" T!: 01' I'LORlDA i r .. .-".-,'..---..--'---..,..--......,.......-. ....- .,-.-- - -FC~~~~.~ I j SKETCH O,AlE 01/12}10 OAff 1?~'r1S1ONS I & DESCRIPTION GALAXY PARK e C)I'1 51 tJ / t /1'1 r;;J <'!1n 9"'-' O~'-$ SCAli' 1".100' J(l! CAsr A1l.ANTlC I101HVARO I PGlIIPANO Bl'A()i-{, Fl.()I(f(),f .JJl)6(l-6HJ f7~LC 8K.~ A PORTION OF THE SOUl1iWE.ST '/4. (9'4) 7lJl1-'#OO FAX (9/U) 188-J500 i OF SECTION 21, TOWNSHIP 45 SOuTH, .--ft:~ dttJlt/lltl!r/ll~/n""" ilIliO. ~ o HIVe. S Y --!!Q!l RANGE: 43 CAST SHEEl'-L OF ...2...- I I CfT" Of' IlQ\'NT(lII eI"CH. PAUl 9Eol.Ctl COV/llY. flORIDA DlfAHfNC NO 07554.01 -SKD Porl<,d.g CHK. BY~ L':.~~;'::..~1'_"_ , \._~..~-_._., --. ._- -.. ... .-....--.. ..-.. ..............'" .... .....---.-.-.. .-,. -" ....__...._.....u_ ._..~. ....! ..---------- ___..._...._..... ... ""<l....... ... ~..__.___.___ ..---..... I ..-- , I..EGEND: I I I ;l;J - BLVD. BOULE;VARD t: RtOGEWOOO HANOR '" ."1J ~ ~ F'.O,O.T, FlORtDA DEPARTI.lENT pO /4 PG. 115.1'8 C R ~l;) OF' TRANSPORiAilON t'I.l:Z ~ 1\l1~ La LICENSED BUSINESS r1ll'EST IJtl[ 0)..... ti O,R.8, OFnC~L RECORDS BOOK AIOClEWOOO "-.NOM ;j~ <") '\1 ~ ~ p,e. PLAT BOOK p.lJ. 2.. 1'(;. 17S. ~ ~!=)t5 ~ a01 , P.B,C,R. PALM B~CH COl.lNT'Y' P,9,c.R. ". "'/"It ",,, "'~ I RI;:CORDS ~ ~ O.R.p, ~2:!6. pc, <;nl" <::>'" PC, PAGE 1037. P.B,C,.R. . l,/') PO,(3, POINT Of BECINNING N.W. 4TH ! PO.C. POINT OF COMMENCEMENT N.W, 4- TH AVENUE R!W RIGHT -OF' - WAY A VENUE~ SEC. SI;:CTlON N89'48'14"!J 244.58' I S,R, STATE ROAD ~~.~~' R RADIUS H.W. 4'11i "''l'CNVC ~ !l CENTRAL ANGLE O.R.B. 2226, Pc. 10J? L ARC LENGTH p.ll.eft. I It CENTERLINE ~ R~50.00' . , I + SECTION CORNER 5 6=91'45'45" w i -- Il€'ST UHt OF vi L=80.0S' RIOGEWOOD HlUS '-.J P,!J, ,~. pc, ~. P,B,C.R :: =- VJ ~ ...... EA,Sr ~[ or E ){. ~ SE ~ Sw X. $" rOo s e ;!l-4~"J ~ i c,~ ."1:1 J!;' R/W PDl. ~ \J:l 1-~~ C,N O.lUl, :mo. PC, 1 OJ7. \>0 (j - ii ~:!? -..J P.[l,C.R, Co ~ (..i~ t>(, ~'f" :--.J I' .j::o. . 0;., . '"I:ltfl~ 0< J'Tl (;\- ~ t: . ~ i - ~f5 t:",STEflLY p./W \JNE' GAl..AllY YllV ~;t- OM. 22%8, PC. IOJ7. (Jl ~ ~~ P.lI.c.ll. -..J t!:Jl" .\n f" f'l SOVl\ol Il/W UNt Gll.AXV WlY N ~- ! O.R.e. n2'. PC. 1037, ....... P,1I.C,R, . E , N88'02'29"E I r 35.00' ~ , N01'57'.31"W I 1.39.29' POSSlIll.E R/W I ! '-"'.,~ I SCALE: 1"" 100" lREA (lIO 111U; i COIAI.lI1\40H l V lILABLJ;) I ',; ~ N01'S7'Jl'W N89'20'08"W . I 53.04' I P.O,C, 330.38' ) S.'/>I. c~ (SEARINC BA$IS) I .0.13, '-- SEe 21-4~-4.) NOR'l\oI Il/'lr LINt: ~ , 20 21 1'189'46'29"E ~SOUn1 UNt of I I 992.72' .-11 SEe 21-4!\-43 I - , {-- - - - - - - - - I I I 29 21.l S.R. 804 (N,W. 2ND AVENUE) BOYNTON BEACH BLVD. ; (R/W P(R I'.D.O, 1. :;(CllON '3210-2412 SHo:'t 3A OF 1'1) i ~ - Ij - : : ---..............~... SKETCH ~!::..-!~~~ II OAT, 01/12L10 I CA re f R€WSlONS I & DESCRIPTION GALAXY PARK t::on suI tin '>7 ..,,.., 9tl"'t "'~'-$ SCALC 1-"'00' Jl)1 fAsr A TUlm<: BOi/LLVARb A PORTION OF THE souTKwrST 1/4. POMPANO BEACH. f1.0tWA JJ060-W4J fleW 8K.~ (gj4) 788-J400 FAX (9S4J ?tJ8-JS()O OF SECTION 2'. TOWNSHIP 45 SOUTH. DIM,: ",11HIIt.!U,-UUCCII1/tJ$.C(JIff LB NO. 646tJ OWNC, BY ~ I RANGE 43 EAST SHEer -...:L or -L- l' .....1"'.1 crrr or tJ<:l'lll'ON ~IXH. PAl.'< 1!lCAC~ CotJ>lTr, f1.0lIt0A lJI?AHfNC NQ 07554.01-5/(D Po,k<lWQ CHK 8r~ '."'''-'''''"' . -.. .._~.._- -.--........, ,.'."- , . . u_o.. ".____ _ - --'.'.--'.-...." EX",S'T "9" ", E SGRotJ A~"T . ..., ~ .-.... ,------_..~._.-.... ........ . ,-. .'-'.'--'"'''.''''' "'- .........,..-------... -......--,.-....... .- '-,--_.,,--,- '- I ~ LEGAL DESCRIPTION: 1 A PORlION O~' T1<1e: OF THE SOUTHW(ST ONE-QUARTER (S.W. 1/4) Of" SECTION 21, TOWNSl1IP 45 SOllTH, RANCE 4J OOT, LYING [AST Of' . THE ~ RIGHT-OF-W.W UN!: or INTERSTATE 9:), SAID PORTION on BEING IAORt F'J\/l nCULARL Y DESCRIBED />S FOLLOWS: '" l::! ! I COl,4Y~C1NC AT THG. SOIJT1-twEST CORNER OF SAID SECTION 21: .c , THENCt: ON AN ASSUI,IW BEAf?lNC OF NQlITH 89'46'29" CAST AlONG ~ THE SOUIH L1Nf: Of s.a.lD SE:CTlON 21 A OISTMlCE Of' 992.72 f:'EET TO W z i AN INTERSECTION WITlo\ TJotE SOUT1;ERLY exTENSION or THE WEST UNE - or RIDCEWOOD IMNOR, "C:CORDlNC TO THE PLAT THEREOf ..s RECO~C>E:D i( IN PLAT OOOK 2.4, ON PACE 175, or THE pu9uc IlECORDS or PAUl " DEACH COUNTY, fLO/?ll)A; St<lD WEST LINE AlSO ElEIN(: THe EAST UNE i or THE WEST THREE-QUAP.TI::RS (W. J/4) Of:' THe: SOVTHWE'ST ONE-OUARTE!? (S.W, 1/<1) or n-4E SOUTHWEST ON(-Ql)ARTER (S,W, 1/4) or SAlO SECTION 2'; THENCE, DEPART1NG !\AIO SOUTH L1~E. NORTH 01'57'31" WEST AND l r ALONe SAID WT AND wEST liNt A DISTANCE 01' 779.86 FUT TO THE POINT or f3CCINNING; THENCE otpARTlNC ~o EAST J\NC WEST I LINE SOUTH 88' II '4,3" WEST, A DISTANCf; or J6~AJ FEET TO A POINT ON THE CAST lIMr'rEO ACCESS RIGHT-Or-WAY LINE: Of STATE ROAD 9 J (INTEFlSTATt 9:!>) AS S~IOWN ON THE RIGHT-OF-WAY l.4AP J-.... seCTiON 9J220-2~12, OATED MAY :;'T1~, 1970; THENCE N()4:(1'\ot 01':;7'3,' WEST ALONe; SAID RIGHT-CF-wAY UNt, A OISTANCf; OF' "81.76 rEE1; noft':NC( , DEPAFlTINC s.&JD RICHT -OF-WAY LINE NORTH 88'02'''0" EAST. A DISTANCE LOCA T10N MAP I I Of" J62.4J F'EE:T TO A POINT ON THE SAID WT AND WEST liNE: T"'ENCt: NOT TO SCALE I SOUTH 0\'57'Jl" EAST ALONG SAlO EAST AND WEST UNE, A DISTANCE or 482, n FEtT TO mE POINT OF 6ECINNING. CONT.a.lHINC 174,764 SOUARE Fro (4.01) "CR~ MORE OR LESS, SAID lANDS SITlJATr:. l'rING AND BEINI; IN THE CITY or SOYNiON 8EACH. PALM aE:AcH COUNTY. FlORIDA. SURIIEY NOTES, I , 1. THE LEGAL DESCRIPTION SHOWN HERtON WAS PRtPAACD PY THE SUR\l1:YOI't ! 1. KEITH AND ASSOCIATES, INC. CER'11nCATE OF' AlJ'Tl100IZATlON NUloAatR IS l.B.ICI860, , J. THIS SK(TCH IS Nor VAllO WrrtiOUT THE SICt-fATUflE ,<.NO ORiCtl-lilL IWSEO SEAL OF' " FLORIDA OCENSE:O S\JRV!YO~ mD WAPPER. <I IT IS /I, V10L;\TlON OF RULE 61G17-G Of' THE FLORIDA Al)1A1NISTRATlIIE CODE TO ALTER THIS SKETCH ANO Dl;SCFlIPTlON WITHOUT THI: EXPRESSED PRIOR WRITTEN CONSENT Of' THE SUfl:\IE'YOR, AOPfTIOP4S ANO OELETIONS 1AAOf: TO THE rAe! OF TI'lIS SKE'TCH AND OESCRIPTlON WILL w.KE THI$ OOCUMf:N'T IPfVAllO, 5, THIS 3Ke;TCH IS NOT A aOUNOARY SURVEY, (> aWIINC5 $.IOWN HERtON ARC AN ASSl,JMED 9E>>RINC OF IiDIlT.' 89'4()'29" DoST AlONe THE SOIJTH LINE 0.' :ilt:1I0N 2 '. I rOWNS/ofl? <15 SOlJTH. RANGE ~J EAST. ! , I I : I CERTIFICATION: I HEREijY cpmFY THAT THE "'TTACHEO SKETCH Of DESCRIPTION OF THE HERtON PESGRISEO PROPERTY IS DEPICTED TO THi: 8E5T OF i MY KNOWl.EOGE' ANO aEllEF ANO THE INFORMATION AS SIJRVtYEO VNOER /.A'I' OIRECTION ON NOVEM8ER 30, 2009 "n:rrs l'HE "'INIMUIA , , i n:CHNICAl SlANO-'ROS sn FORTH BY THE FLORIDA BOARD or PROF'ESStO~L SURvEYORS AND WJ>f>ERS IN CHAPTER 61(; 17-$. FLOKIOA , ...ol.iINISIRATM: CODE, PURSUANT TO SECTIOr./ 472,027. FLORIDA STATUTES, SUgJECT TO THE OUAl.If'Il:^TlONS NOTED HEREON. , I KEITH &. ASSOCIATES. INC i CONSULTINC ENCINEERS i ! MICHAC:L M. MOSSEY PROFESSIONAL $UI'Nl'YOR AN!) Io4I\PPf.R i RECISTRATlON t<Jg, 5ii50 STATE OF FLORIO" i - ~t:~!~ ~-L [)A If' RCVfS/ONS I : SKETCH & DESCRIPTION OATr l1/JO/0'l ! I REPLACEMENT PARK eO/'"l$L.lltlnr;; on9rn<!n!t".~ SCAle '.""60' JOt o.sr A Tl.ANn<; 8Ot/Lt:vAlff) ,. PORTION OF' THE: SOUTHWEST '/4, OF pav."M'() lJf:ACi" 11 &W1t'A .1.JOfJo-66~.) FIll/) IJK.~ I (950') lB8-.JfOO rq (g5/) ?88-J500 SECTiON 2 I, TOWNSHIP 45 SDUTH. EaIM.: mg;....,,'IIt_ItNn."'" 1.4 NO. W() [)/HoIC. BY ~ RANGE 43 EAST SNEer --L OF .....L- i em Of' I>O""ITON ~l, P'-Ul Bf,:,>,CH eouloltl'. FlDIlltIII OhA H1NC NO. 0"1'554,01 -SKO -0' ,d"q CI1K. er ~ ..",,,--...... . """'.....j -" .,._~ .. . .- ..". .. .. ......-.--..... ..._-,-~ ....'. .-_." _ " ,. .,.' .__ n'_ _'~' ,_. ._____...~,_.__,_. ._. .~ H '" .. . . . . ",.,... " .. ,. ._. ..~--- . ._, . .-.--... . -- '" .._-- - ACREAGE I 'H.1r'tml AVE Nes'ot 4-Q"E. 362.4.3' ::: M ~I~ ~ :z: .. ,. ",oJ> ~ ~i~ ""r r" Z ~~ i- QO ; !;Ii 0 ~Pll: I~ ~ I . ... ~ :;: ~ta vi N I ~ I ;;l 0< -..I. "i~ ~ "",!:\ . ~ ~ .. ~~-I l.-. ~o l5' ....~\ ~~." : ~ ~ /:)' ,I , ~ 00 ?f)' -, . ~' " ;;: ~ rJ-f. ~~. (" . ~ 00. ;0 . - ~\~ ~ ?j ~ ~. j ... ~ '(J ,.. " l · I :z1 ... i:J 9 ;-" ~ ... H ~~ S66'1"~SW 362.4J' ... ,oj, I i31 I P.O.S. i r.:~ ~ - ! ~ttl I I ... a(t. , ~ , ... i - , ~ ~ - ~~ l;) ~ ~ I Q.t'i- I SCALE: 1-'" 160" ~.J :! I (,~ i ~ %1'( I , ....lZ (,~~~ LEGEND: lD~ ;EtJo I" i I ~,., ~ ~-< ~j :...1:; I i SLVD, BOULEVARD ~r; "',-, 1':.... .. I ('>." ~ r.O.D.T. FLORIDA DEPAATMENi ~2 ;E !:!~ 0;:' TRANSPORTATION ~~ ~Y'''' I L6 LICENSED BUSINeSS ... '{'~~ I O,R.8. Ot'FICIAL RECOROS BOOK .jl ...- .. (>'" ...."'-' i P.B PLAT BOOK ",'" "q I P.8,C.R. PALM BEACH COUNTY RECORDS 'i ~ I PG. PACf. l.........,,- / p,o,e POINT OF 6E:CINNING P.O.C POINT or COM~ENCEMENl I R!W RleHT -Of -WAY 1 ~ I . SE:C. SECTION <__ e~) sOl.m. UNC; I S,P STATE ROAD ~ CENTERI.INE 20 21 N89'46'29"E 992.72' see 2'-4~4;) t I + SECTION CORNER P':O.C.2t aa S.lt. 804 ('N.lf. 2ND A~) BOY'N'fO'N B!ACU BLVD: ! s.w, COIlHtK ~ (R/w F'tR f,D.O.l SCC1ION ~J%2o-2~12 :!HerT J.O, ct' 17) i I Sl:C, 11-4')-4 ____ I '. i , 7 i SKETCH & DESCRIPTION ~!S!.: ~3. DA iF --1J.LMl.L22... OArt RtI1S1ONS ! REPLACEMENT PARK c::ansv1t:/ng e>nt;/n t$3Sf"S SCAlE ,".160' j JQf CAST If n.ANnc IJ(J(.IUVA/{() Po PORTION OF THE SOUTHWEST 1/4, POlIPA.YO 8!"ACH. R. atHbA J.J060-66-1,! F1tllJ 8ir.~ (95~) iI'(J8-J-I(JI) FAX (9~) 188->>0(} : OF' SECTION 21, TOWNSHIP 45 SOUTH, "'AI/,.: mt/Hlli.t".-",,~/ntJOfrl l.IJ N(l WO [)HNC. 8Y~ RANGt 1\3 EAST SHfIT -1.... ~ ...2- j , CIlY Of' B<lml0" ....ACt<. PI\LM O(.At.. COUoITY, f\.OIlIOA [)RAMNC NO. 0755<101-$KO-Ol,dwQ CHK. BY ~ .~"'~ '-'",..... 4 . ~_. .. .__,_ H_ ~....._ ," ~.... . ,'.. ,. ,..~.__. _..._..- ,"w". I EXHIBIT "G1" This instrument prepared by: Blair Littlejohn, Esq. School Board of Palm Beach County. Florida 3318 Forest Hill Blvd. C-302 West Palm Beach. FL 33406 RETURN TO: peNs: (8 ce Reserved for Clerk of Court This SPECIAL WARRANTY DEED, is made and given this _ day of , 20_, by the City of Boynton Beach, Florida, a Florida municipal corporation (the "Grantor"), to and in favor of the School Board of Palm Beach County, Florida, a corporate body politic pursuant to the constitution of the State of Florida, whose address is 3661 Interstate Park Road North, Suite 200, Riviera Beach, Florida 33404 (the "Grantee"). GRANTOR, for and in consideration of Ten and No/100 ($10.00) Dollars and other good and valuable consideration paid by Grantee, the receipt and sufficiency of which are hereby acKnowledged, has granted, bargained and sold, and by these presents does hereby grant, bargain and sell, to Grantee, and Grantee's heirs. successors and assigns forever, the following property situate, lying and being in Palm Beach County, Florida (the "Property"), to-wit: SEE EXHIBIT "AK ATIACHED HERETO AND MADE A PART HEREOF THIS CONVEYANCE is subject to: (a) taxes and assessments for the year 20_ and subsequent years not yet due or payable: (b) all laws, ordinances, regulations, restrictions, prohibitions and other requirements imposed by governmental authority, including, but not limited to, all applicable building, zoning, land use and environmental ordinances and regulations; and (c) easements, conditions, restrictions, matters, limitations and reservations of record, if any, but this reference shall not operate to reimpose any of the same; and (d) matters which would be disclosed by an accurate survey of the Property. Pursuant to Section 270.11, Florida Statutes, the Grantor has elected not to reserve any phosphate, minerals, metals or petroleum interests in the subject property. TO HAVE AND TO HOLD unto Grantee and Grantee's heirs, successors and assigns in fee simple forever. GRANTOR hereby warrants the title to the Property, subject to the foregoing matters, and will defend the same against the lawful claims of all persons claiming by, through or under Grantor and no others. AND Grantor hereby represents and warrants to Grantee that the Property is not now, nor has it ever been, the homestead of Grantor, and that the Property is not now, nor has it ever been, contiguous to the homestead of Grantor, [signature follows on next page] 21 IN WITNESS WHEREOF, Grantor has signed these presents the day and year first above written, Signed and delivered in the presence of: GRANTOR: , ~ ATfEST: . BY~J-. Yf). ~ Bt7:J~ . APPROVED AS 0 FORM AND LE AL S n ICIENCY By: ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County af2[esaid to ta acknowledgments, the f~~Oing in{trument was acknowledQed before me by (, and ::1l1r\e: ro H"I1 0 J as the - r r nd 11 ,respectively. of , freely and voluntarily on behalf of said hey are personally known to me, WITNESS my hand and official seal in the County and State last aforesaid this d1!.~ay oi~nW0i 20.1lL I) .~ CO:dtM/VJ( ~) Ql~ld - . If( Notary PUblic My Commission Expires: ~athenn-e (I,h€((I...J - ~11 bf(VYO~ , NOTARY PUBUC-STATE OF FLORIDA Print Name __ij" Catherine Cherry-Guberman f kommission #DD792144 22 ':0"" .l Expires: MAY 27, 2012 BONDED THRU ATLANTIC BON'DING CO" INc, EXHIBIT "G2" This instrument prepared by: Blair littleJohn, Esq. School Board of Palm Beach County, Florida 3318 Forest Hill Blvd. C-302 West Palm Beach, FL 33406 RETURN TO: PCNs: 5 ace Reserved for Clerk of Court This SPECIAL WARRANTY DEED, is made and given this _ day of , 20_, by the School Board of Palm Beach County, Florida, a corporate body politic pursuant to the constitution of the State of Florida (the "Grantor"), to and in favor of the City of Boynton Beach, Florida, a Florida municipal corporation, whose address is (the "City") in fee and subject to a reverter right in favor of Palm Beach County, a political subdivision of the State of Florida, whose address is (the "County") as more fully set forth herein, GRANTOR, for and in consideration of Ten and No/100 ($10,00) Dollars and other good and valuable consideration paid by City and County, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained and sold, and by these presents does hereby grant, bargain and sell, to City, and City's heirs, successors and assigns forever, the following property situate, lying and being in Palm Beach County, Florida (the "Property"), to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF THIS CONVEYANCE is subject to: (a) taxes and assessments for the year 20_ and subsequent years not yet due or payable; (b) all laws, ordinances, regulations, restrictions, prohibitions and other requirements imposed by governmental authority, including, but not limited to, all applicable building, zoning, land use and environmental ordinances and regulations; (c) easements, conditions, restrictions, matters, limitations and reservations of record, if any, but this reference shall not operate to reimpose any of the same; and (d) matters which would be disclosed by an accurate survey of the Property, Pursuant to Section 270,11, Florida Statutes, the Grantor has elected not to reserve any phosphate, minerals, metals or petroleum interests in the subject property, TO HAVE AND TO HOLD unto the City and the City's successors and assigns in fee simple forever, PROVIDED, however, that should the Property not be used for a public purpose for a period of sixty consecutive months, the same shall automatically revert to the County. This reverter right is created pursuant to that certain Interlocal Agreement between The School Board of Palm Beach County, Florida, The City of Boynton Beach and Palm Beach County For The Development and Use of The Galaxy Elementary Replacement School dated 15 TOGETHER with a perpetual non-exclusive easement ("Easement") for purposes of access, ingress and egress, including but not limited to vehicular and pedestrian traffic, over and upon the real property located in Palm Beach County, Florida, described as: See Exhibit "B" attached hereto and made a part hereof (hereinafter referred to as the "Easement Premises"), THE CONDITIONS OF THIS EASEMENT ARE SUCH THAT: 1, This Easement shall be an easement appurtenant to the Property and shall imire to the benefit of City and shall burden Grantor, and their successors and assigns, and shall run with title to the Property; this Easement may not be transferred or assigned separately or apart from the Property, 2, The grant of this Easement shall in no way restrict the right and interest of the Grantor in the use, maintenance and quiet enjoyment of the Easement Premises to the extent that such does not interfere with the rights granted herein, 3, City shall neither construct any improvements on nor make any alterations to the Easement Premises without the prior written consent of the Grantor, which consent shall not be unreasonably withheld, 4, City shall promptly repair at its sole cost and expense any and all damage to the Easement Premises caused by City's use thereof, using materials of like kind and quality, 5, Grantor and City each acknowledge the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledge that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or property caused by the negligent or wrongful acts or omissions of an employee acting within the scope of the employee's office or employment Grantor and City agree to be responsible for all such claims and damages, to the extent and limits provided in Florida Statutes Section 768.28, arising from the actions of their respective employees, The parties acknowledge that the foregoing shall not constitute an agreement by either party to indemnify the other, nor a waiver of sovereign immunity, nor a waiver of any defense that the parties may have under such statute, nor as consent to be sued by third parties, The parties agree to maintain insurance coverage or be self-insured for general liability, worker's compensation and employer's liability insurance in accordance with Chapter 440, Florida Statutes, as may be amended from time to time, 6, The grant of Easement contained herein is for the use and benefit of City, its successor, and assigns and is not intended and shall not be construed as a dedication to the public of any portion of the Easement Premises for public use, 7. Grantor hereby retains all rights relating to the Easement Premises not specifically conveyed by this Easement including the right to use the Easement Premises and any improvements now existing or constructed hereinafter therein, and the right to grant to third parties 16 additional easements in the Easement Premises or the right to use the improvements therein provided any such use by Grantor or third parties does not interfere with the rights granted herein, 8, In the event that a party fails or refuses to perform any term, covenant, or condition of this Easement for which a specific remedy is not set forth in this Easement, the other party shall, in addition to any other remedies provided at law or in equity, have the right of specific performance and injunctive relief. 9. This Easement shall be governed by, construed and enforced in accordance with, the laws of the State of Florida, Venue in any action, suit or proceeding in connection with this Easement shall be in a state court of competent jurisdiction in Palm Beach County, Florida, 10, Neither party shall be considered the author of the terms of this Easement and the terms of this Easement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not effect the remaining portions of this Easement and the same shall remain in full force and effect. 11, By recording this instrument in the Public Records of Palm Beach County, Florida, City accepts and agrees to be bound by the terms of this Easement. GRANTOR hereby warrants the title to the Property, subject to the foregoing matters, and will defend the same against the lawful claims of all persons claiming by, through or under Grantor and no others. AND Grantor hereby represents and warrants to Grantee that the Property is not now, nor has it ever been, the homestead of Grantor, and that the Property is not now, nor has it ever been, contiguous to the homestead of Grantor. 17 IN WITNESS WHEREOF, Grantor has signed these presents the day and year first above written, GRANTOR: ATTEST: By: By:__ , APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by , and , as the and , respectively, of , freely and voluntarily on behalf of said , They are personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this _ day of ,20_. Notary Public My Commission Expires: Print Name 18 EXIf...r "~11 ~,~_~ loA"/) DUD ~.".'_,."...~.',..w,_ __.._, I LEGAL DESCRIPTION: I ~ I A PORTION or THE OF THE SOUTHWEST ONE-QUARTER (S,W, 1/4) or ! SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LYING EAST OF THE EAST RIGHT -or -WAY LINE or INTERSTATE 95, SAlD PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: on THIS (II COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 21. ~ DESCRIPTION ..: THENCE ON AN ASSUMED BEARING or NORTH 69'46'29" EAST ALONG >- \. ) '-- V> THE SOUTH LINE OF SAID SECTION 21 A DISTANCE OF 992,72 f'EET TO cr AN INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE WEST LINE I!:! NW 4 TH A ~ OF RIDGEWOOD MANOR, ACCORDING TO THE PLAT THEREOf AS RECORDED ~ IN PLAT BOOK 24, ON PAGE 175, OF THE PUBLIC RECORDS Of PAlM BEACH COUNTY, fLORIDA; SAID WEST LINE ALSO BEING THE EAST LINE OF THE WEST THREE-QUARTERS (w. 3/4) OF' THE SOUTHWEST ONE-QUARTER (S,W, 1/4) OF THE SOUTHWEST ONE-QUARTER (S,W. 1/4) OF SAID SECTION 21; THENCE, DEPARTING SAID SOUTH LINE. NORTH 01'57'31" WEST AND BO'tN 0 OCACH 8l I/O ALONG SAID EAST AND WEST LINE A DISTANCE OF 609,95 FEET TO l r 1 I THE POINT OF BEGINNING: THENCE DEPARTING SAID EAST AND WEST LINE NORTH 45'38'09" WEST, A DISTANCE Of 35,31 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 60,00 FEET, A CENTRAL ANGLE OF 4S40'38., AN ARC DISTANCE or 45.74 rEET TO A POINT OF TANGENCY; THENCE NORTH 01'57'31. WEST, A DISTANCE Of 103.42 FEET; THENCE NORTH 8B' II' 43" EAST, A DISTANCE or 26,00 FEET TO AN LOCATION MAP INTERSECTION WITH THE WEST UNE OF THAT CERTAIN IS-FOOT UTIUlY EASEMENT, AS DESCRIBED IN omclAL RECORDS BOOK 897, PACE 118, OF THE PUBUC RECORDS NOT TO SCALE I OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 01'57'31- EAST ALONG SAID WEST UNE, A DISTANCE Of 103.35 FEET TO A POINT or CURVATURE or A CURVE CONCAVE TO THE NORTHEAST; THENCE DEPARTING SAID WEST LINE SOUTHEASTERLY ALONG THE ARC or SAID CURVE, HAVING A RADIUS OF' 34.00 FEET, A CENTRAl ANGLE OF 56'00'34-, AN ARC DISTANCE Of 33,24 FEET TO AN INTERSECTION WITH SAID EAST AND WEST LINE: THENCE ALONG SAID EAST AND WEST LINE SOUTH 01'57'31. EAST, A DISTANCE or 38,78 FEET TO THE POINT or BEGINNING, SAID LANDS SITUATE, LYING AND BEING IN THE CITY or BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 4,186 SQUARE FEET MORE OR LESS, SURVEY NOTES: 1, THE LEGAl DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR, 2. KEITH AND ASSOCIATES, INC, CERTIF'ICATE OF AUTHORIZATION NUMBER IS L.B,'6860. 3. THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL Of A FLORIDA UCENSED SURVEYOR AND MAPPER. 4, IT IS A VIOLATION OF RULE 61G17-6 or THE FLORIDA ADMINISTRATIVE CODE TO ALTER THIS SKETCH AND DESCRIPTION WITHOUT THE EXPRESSED PRIOR WRITTEN CONSENT or THE SURVEYOR. ADDITIONS AND DELETIONS MADE TO THE FACe: or THIS SKETCH AND DESCRlPTION WILL M-'KE THIS DOCUMENT INVALID, 5. THIS SKETCH IS NOT A BOUNDARY SURVEY, 6. BEARINGS SHOWN HEREON ARE AN ASSUMED BEARING OF NORTH 89'46'29. EAST ALONG THE SOUTH LINE or SECTION 21. TOWNSHIP 45 SOUTH, RANGE 43 EAST, 7 LANDS SHOWN HEREON WERE ABSTRACTED tOR RIGHTS OF WAY, EASEIoAENTS, OWNERSHIP, AND OTHER INSTRUMENTS OF RECORD PER SOUTHEAST GUARANTY &: TITLE, INC, SEARCH NO, 2904012 CERTlnED THROUGH APRIL 5TH, 2009 0 6:00 A,M, CERTlFICA TION: I HEREBY CERnFY THAT THE ATTACHED SKETCH OF DESCRIPTION or THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THE INFORMATION AS SURVEYED UNDER MY DIRECTION ON JANUARY 15. 2010 MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE fLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61 G 17 - 6. fLORIDA ADMINISTRATlVE CODE, PURSUANT TO SECTION 472,027. FLORIDA STATUTES. SUBJECT TO THE QUALlrlCATIONS NOTED HEREON, KEITH &: ASSOCIATES, INC CONSULTING ENGINEERS MICHAEL !II, MOSSEY PROfESSIONAL SURVEYOR AND MAPPER REGISTRATION No, 5660 STATE OF FLORIDA .....-.. SKETCH & DESCRIPTION ~ -!E-L:-L ~~ DATE 01/t5/10 DATE REVISIONS ACCESS EASEMENT consulting engIneers SCALE 1.=160' JOT EAST A lUNllC 8()(JlEVARO A PORTION OF THE SOUTHWEST 1/4, OF POMPANO BEACH. FZOI?/OA .J.J06o-66<f.J FIELD BK.~ (9S4) 788-J400 FAX (954) 788-3500 SECTION 21, TOWNSHIP 45 SOUTH, DIM.: maIIt/lktJit/l-anockttes. com t.B NO 6860 OWNG. BY ~ , RANGE 43 EAST SHEET -L OF --2-- CITY or BOYNTON BEACH. PAUl 9EACH COUN1Y. FLORIDA ORA mNC NO. 01:\!)4,OI-SKO-kcess Easemenl,dwQ CHK. BY ~ l'5SI'IlI-SilhIawt i_II.; >JXIfL\.... G, I G~ --I .-15' U.E. PER LEGEND; , V?-~~ \ \ \, '~:/'vc "J O.R.8, 897, PC. 118. p.8,e,R, BOULEVARD ~ Sf. \/~ I .... BLVD, IV F,D,Q,T, FLORIDA DEPARTMENT (, t OF TRANSPORTATION ~V; ~ ~ LB LICENSED BUSINESS :-tlt::3 :aa O,R.B, OFFICIAL RECORDS BOOJN88'11' 43"E WEST LINE OF ~~ P,B, PLAT BOOK , I 15' UTILITY EASEMENT P,B,C.R PALM BEACH COUNTi 26,00 O.R,S, 897, PG, 118, :-tlt:\)~ 01 RECORDS P,8,C,R, tl:J!'t::::i ~ PG, PAGE '" ~o~ ::r: (j) '" P.O,B POINT OF BEGINNING 0 ~~~ [Jj p.o,e. POINT OF COMMENCEMENT ~ R/W RIGHT -OF -WAY vi .......:t:i: ;d Z ~< SEC. SECTION 0 --..J . <::) t:I:.l $,R. STATE ROAD ~ -" lrJ ~ t:rj U,E, UT1L1Ti EASEMENT o . --lo ~ lrJlT1 r1 --- WEST LINE OF R RADIUS . --..J ~ CENTRAL ANGLE ..p. . RIDGEWODD MANOR L LENGTH N~ ..... P.B, 24. PC, 175. P,B,C.R, ~ CENTERLINE 0 ~ (...J + SECTION CORNER lrJ R=34.00' '(. lT1 R=60,OO' 6=56'00'34" L=33.24' /),=43'40'38" L=45.74' S01'S7'3,"E N.W. 4TH 38.78' Lo P'1 AVENUE N4S'38'09"W 35.31' ~ t>(, .1- I (,~~ \\ v '~:('vcJ SCALE; lff=50' ~ Sf. 'l>/~ ~ S~(, R/W PER t>-c, 'l;) D.R.B. 2226, (,~t \\ \> '(:/ PG, 1037. ~ Sf.1y'vc SOUTHERL Y EXTENSIOl'J - ~ P.B C.R WEST LINE ~ cJ"'C P.B. 24. PC. 175. P,B,C,R I EAST liNE W, 3/4. OF I i S,W, 1/4, OF S,W, , /4 OF 1 I SEe 21-45-43 H" I rP,Q,C. \. NORTHR/WLiNE J, s.w. CORNER OF I SEe, 21-45-43 (BEARING BASIS) 20 21 NS9'46'29"E 992,72' :. 29 ~,- 804--(N.W,- 2ND -AVENUE)r[IiOYNTON- BEACH BLVD, (R/W PER f.D,O,T, SECTION 93220-2412 SHEET 3A OF 17) _....- ,---,., SKETCH & DESCRIPTION ~!:~::!- ~~ DA TE' 01{15/10 DATE: REV1S1ONS ACCESS EASEMENT con sui tin 9 engineers SCALE 1"=50' JOl EAsr A lLANllC BOtJLE1IARO A PORTION OF THE SOUTHWEST 1/4. POUPANO BEACH. FlomtJA ,],]060-6(;.1.] fiElD BK.~ (9501) 788-,]-100 FAX (951) 788-.J5()O OF SECTION 21. TOWNSHIP 45 SOUTH, EJJAI1.: mallt/llrI!litJ>-OSMJCiotu. com 18 NO. 6860 OWNG. BY ~ RANGE 43 EAST SHEET -..:L OF -Z- CITY or BOYNTON BEACH. PAUl BEACH COtMlY. f'LORlOA ORA MNG NO, 07!;54.o1-SI(D-Ac:~ Ea..........t..dwg CHK. BY MMM w.,l-l,,-__.. -......., EXHIBIT "H" LEGAL DESCRIPrlON OF GALAXY WAY RIGHT-OF.WAY 2S .~ -. .-. -~. . - LEGAL DESCRIPTION: A PORllON OF TI'1E: PREVIOUSLY DEDICATED RIGHT-OF'-WAY PER OFFICiAl RECORDS BOOK 2226. PAGE 1037 Of THE: PUSI.IC RECOROS OF PALM III BEACH COUNTY FI.ORIDA SAIO PORTION LYING IN THE SOUTHWEST ONE- I,: QUARTER (S.W. 1/4) OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE ~3 ~ EAST IN PALM BEACH COUNTY', FlORIDA. AND BEING ~ORE P.A.RTICU!.AALY t;1 ~ III DESCRlaEO AS FOLLOWS: ~ F ~ . COMMENCING AT THE SOUTHWEST CORNER OF RIOCEWOOD t.lANOR, ~ ~ III ACCORDING TO THe: PLAT THEREOF AS RECORDED IN Pl.AT BOOK 2~, ~ ---/ '---" NW-.n.I A.'oK ~ '-- PAGE 17S, OF THE: PUBUC RECORDS OF PALM BEACH COUNTY. FLORIDA: ~ ~ THENCe: SOUTH 01'57'31" EAST. ALONG THE SOUTHERLY EXTENSION OF' _ THIS THE WEST UNE OF SAID RIOCEWOOD MANOR, 35.02 FEET TO A POINT OF ."".,. . ., INTERSECTION WITH THE WESTERLY EXTENSION OF THE SOUTH LINE Of' SAID ~~' .jlti1~ SITE ~ RleHT-OF-WAY AND THE POINT OF' BEGINNING; THENCE. ALONG SAID WESTERLY EXTENSION, NORTH 89'48'14. EAST, 86.58 F'Eef TO A POINT OF CUSP OF' CUlM: CONCAVE TO THE SOUTHEAST; ~ENCE, ALONG A...-/ i ~ PORTION OF' SAID PREVIOUSLY DE.DICATED RIGHT-OF'-WA.Y THE FOLLOWING l r ~ fOUR OESCRIBED COURSES: (1) SOUTHWESTERLY, SOUTHERLY, AND ~ SOUTHEASTERLY ALONG THE ARC OF SAID CURve:. HAVING A RADIUS OF 50.00 fEET, A CENTRAL ANGLE OF 91.45.....5". AND AN ARC DISTANCE OF eo,oa FEET TO A POINT OF TANGENCY: (2) SOUTH 01"57'31. EAST, ~ :377.3i ~EET; (3) SOVTH 88"02'29" WEST. 35.00 FEET TO A POINT ON THE EA.ST LINE OF' TH~ WEST THREE-QUARTERS (w, 3/4) OF THE SOUTHWEST ONE-QUARTE.R (S.w. 1/4) OF THE SOUTHWEST ONE-QUARTER LOCA TION MAP (S,w. 1/4) OF' SAID SECTION 21SAIO UNE ALSO BEING SAID SOUTHERLY EXTENSION; THENCE NORTH 01'57'3'" WEST, ALONG SAID eAST UNE AND NOT TO scALf SOUTHERLY txn:NSION. 429.98 FEET, TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY' OF BOYNTON 8E:ACH, PAlM 8~CH COUNTY FLORIDA, CONTAINING '5,601 SQUARE fEET (0.358 ACRES) MORE OR LESS. SURVEY NOTES: 1. THE LEGAL DESCRIPTION SHOWN HEREON W/4S PREPARW BY THE SURVEYOR. 2, KEITH AND /4SS0CIATES, INC. CERTIFICATE OF AUTHORIZATION NUMBER IS L.B.16860, :3. THIS SKDCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. IT IS A VIOLATION OF RULE 6'G17-6 OF THE: FLORIQA ADMINISTRATIVE CODE TO ALTER THIS SKETCH AND DESCRIPTION WITHOUT THE EXPRESSED PRIOR WRITTEN CONSENT OF THE SURVEYOR. ADDITIONS AND DELETIONS MADE: TO THE F'ACE OF THIS SKETCH AND OESCRIPTION WILL MAKE THIS OOCUMENT INVALID. 5, THtS SK0CH IS NOT A BOUNDARY SURVEY, 6. BEARINGS SHOWN HEREON ARE AN ASSUMED BEARING OF NORTH 69....6'29. EAST ALONG THE SOUTH LINE OF SECTION 21. TOWNSHIP 45 SOUTH, RANCE 4.3 EAST. CERTIFICATION: I HEREBY CERTIFY THAT THE ATl'ACHED SKETCH OF' DESCRIPTION OF THE HEREON OESCRIBED PROPER1Y IS DEPICTED TO THE 8EST or MY KNOWLEDGE AND BELIEF' AND THE INFORMATION AS SURVEYED UNDER MY DIRECTION ON NOVEMBER .30. 2009 MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA SOARD OF' PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61G17-6. FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION i72.027. FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. KEITH & ASSOCIATES, INC. CONSULTING ENGINEERS MICHAEl.. M, MOSSEY PROFESSIONAL SURVEYOR AND MAPPER RECISTRATION No. 5660 STATE or FLORIDA SKETCH & DESCRIPTION ~F4~-!,~.E-:r OATE' 11(30/09 DATE RCYfSlONS RIGHT-Of-WAY VACATION consl-Ilting engineer:; SCALE 1...100' A PORTION OF THE SOUTHWEST 1/4. J01 CA$T A TlANflC 8()(J(CVAHf) OF SECTION 21 TOWNSHIP 45 SOUTH POAIPANO 8CACH. FloJ?/{)A .JJ060-66-#.J FlEW 8K.~ . , (95.,) 188-JoIOO ,.AX (954) 7Q1l-J500 RANGE 43 EAST DIAL' mai1#,,",illl-09aociotn.~ U1 NO. 6Q80 DWNG. BY ~ SH~~T 1 OF 2 CITY 0> IIOYHTON BEACH, ",out IlfIoCH COVNTY. l'\.OR1ll1\ ORA I+fNG NO. 075S+.01-SKQ:'02.dw9 CHK. BY MIoIIoI .' - -... . ~.. - .~ --, ... "~- ... -"-. \ I I ;: WEST UNE ~ RIOO€WOOO t1ANOR .. ;0 .. Rl0CEWOOD MANOR 1'.8,1'4.I'C, 175. P.D.C.R :ll;S P.B. 24, PG. 175. !lJc-, oo:Z :'lJ~1'JJ P.8.C,R. ~~~ P.O.C. ~:::at f)~~ _ ~. ~. ;!: S. W. CORNER OF ~ !;2j01 - ' ~~ <..1\1"- RIDGEWOOD MANOR ~~ ~~ P.B. 24, PO. 175. "';::d p.e.C.R. .35' R/W PER N.W. 4TH S01'57' 31 "E---- O.R.B. 2226, PC. 1037. p.e,C.R. -~ AVENUE 35.02' WESTERLY EXTENSION SCALE: 1".100" P.O.B. PREVlOUSL Y DEDICATED & RIG'1'-OF'-WAY PER O.R.B. 2226, PC. 1037 SOUTHERL Y EXTENSION P.B.C.R. WEST LINE RIDGEWOOD N89"4S'14"E III MANOR P,B. 24, PC. 175, P.8.C.R. 86.58' EAST LINE W 3/4. ; sw 1/4, SW 1/4, R=50.00' SEC 21-45-43 Ll=91'45' 45" L=80.08' ~(,~ \\~~ s z: )) a fT1 G~~ r:,.:f. ~,\.l ~ ../:>--" ~ \\~. \'~ ~ ~ ~ 1'0 . ~\~G'j; ~~ (J)t..n 0.l . -....J "\)I'll~ (J) . -..J - ~ ~ (J co~ ;-..J ~~~ ~ 0J ~ ~ Cl ~ c.ii\'::J ~<; ~ s=:>~_ _ :'tJ ~ LEGEND: It ~ ~ 35' RjW PER !'"l BLVD. BOULEVARD ~ t.D.O.T. FLORIDA DEPARTMENT a.R.B. 2226, PO, e OF TRANSPORTATION 1037, P.B.C.R. LS LICENSED BUSINESS Q.R.B. OFFICIAL RECOROS BOOK 1".8. PLAT BOOK 1:1 P.B.C.R. PALM BEACH COUNTY' S8S'02'29"W RECORDS PG, PAGE 35.00' P.O.8. POINT OF BEGINNING P.O.C. POINT OF' COMMENCEMENT R/W RIGHT-OF-WAY 9 ; SEC. SECTION S.R. STATE ROAD R RADIUS S88"43'46"E r:, CENTRAL ANGLE L ARC LENGTH - ct CENTERLINE (BEARING 6ASIS) ~S~T'r1 I.IHE OF' N89'46'29"E sEe 21-4::;-43 - -- . -t ' -;;::;:- . . . . --' . - ...."",. . , S.R. 804 (N.W. 2ND AVENUE) BOYNTON BEACH BLVD. (R/W PER F.D.O,T, SEcnON 93220-2412 SHEET J" or 17) - SKETCH Be DESCRIPTION ~Fii.-l~ ~~ OA1F 11/30/09 OATE REVISIONS cOr7s(.,Jl1;i"g eng/neelrs SCALE 1-.100' A PORTION OF THE SOUTHWEST 1/4, JOf EASr A 7UNnC BOVL!VARf) OF SECTION 21, TOWNSHIP 45 SOUTH, POA/PANO BEACH, FlORlOA JJ(I6()-(j(j./J flEt..O BK.--1:lJ..b. RANGE 43 EAST (9~) 788-J-I(J() FAX (95-1) 188-J6tJO DIM: mtJItl1tllith-"~/oi_com t8 No. 686() OIffVG. 8'r' ~ SHea...:L OF -L CIlY C1r EIOYNTON B!:IICH. PoIUol &;,ell COVN1'r, Fl.0Rt00< ()RAWfNG NO. Q7554,Ql-SKD-02.dw CHK. 8Y 1.1,,'" -,. PREPARED 1/21/10, 11:27:52 CHARGE UPDATE REPORT PAGE 1 PROGRAM MR400U-C CITY OF BOYNTON BEACH ------------------------------------------------------------------------------------------------------------------------------------ CHARGE NAME TRANSACTION INVC CODE CUSTOMER TYPE QTY AMOUNT REF NO DATE DESCRIPTION CHRG ------------------------------------------------------------------------------------------------------------------------------------ CM001 5609 BROWN FUNERAL HOME 1. 00 525,00 1/21/10 SALE OF LOTS Y CEMETERY CUSTOMER CM002 5609 BROWN FUNERAL HOME 1. 00 100,00 1/21/10 USE OF EQUIPMENT Y CEMETERY CUSTOMER CM003 5609 BROWN FUNERAL HOME 1. 00 500,00 1/21/10 CEM INTERMNTS/DISINTERMTS Y CEMETERY CUSTOMER * TOTAL 3,00 1,125,00 *** REPORT TOTAL *** 3,00 1,125,00