R95-197RESOLUTION NO. R95 -/~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE THE GRANT AWARD
AGREEMENT AND GRANT AWARD CALCULATION,
FOR THE ROSEMARY SCRUB ACQUISITION
PROJECT, BETWEEN THE CITY OF BOYNTON
BEACH, PALM BEACH COUNTY AND THE FLORIDA
COMI~JNITIES TRUST ("FCT"); A COPY OF
SAID GRANT AWARD AND GRANT AWARD
CALCULATION IS ATTACHED HERETO AS EXHIBIT
"A"; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the parties hereto have entered into a
Conceptual Approval Agreement between Florida Communities
Trust, the City of Boynton Beach and Palm Beach County; and
WHEREAS, the Rosemary Scrub (Ecosite 36) is one of the
sites given high priority for acquisition with funds from the
March 12, 1991 Environmentally Sensitive Lands Bond Issue
Referendum and did receive conceptual approval for masching
state funds in 1994; and
WHEREAS, the Grant Award Agreement states the
restrictions that are imposed on the Project Site subsequent
to its acquisition with the FCT Preservation 2000 bond
proceeds; and
WHEREAS, the City Commission, upon recommendation of
staff, deems it to be in the best interests of the residents
and citizens to execune the Grant Award and Grant Award
Calculation attached hereto as composite Exhibit "A"
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
~ The City Commission of the City of Boynton
Beach, Florida hereby does authorize and direct the Mayor and
City Clerk to execute the Grant Award and Grant Award
Calculation, attached hereto as composite Exhibit "A".
f~ That this Resolution
effective immediately upon passage.
shall become
PASSED AND ADOPTED this , /~ day of December, 1995.
ATTEST:
Cit~ Clerk
C~~~~-/~BEACH' FLORIDA
Mayor
~a,~Vi c e Mayor
~,M.~o_r P~ T~
f ~ Commi~si/ner
(-Corporate Seal )
Au~sig. doc
RQsemary Scrub. Grant Award- 12/14/95
FCT Recipient: City of Boynton Beach
Palm Beach County
Rosemary Scrub
FCT Project #93-008-P3A
FCT Contract #
Date:
GRANT A~D CALCULATION
TOTAL PROJECT COSTS
Purchase Price
Janmar Properties, Ltd.
RTC
Total Purchase Price
Acc/uisition~nses
Appraisals
Appraisal Review
Title Search
Survey
Negotiating fee'
Total Acquisition Expenses
Total Project Cos~
$ 200,000.00 (1)
243. 000.00 (2)
$ 13,050.00(3)
968.49(4)
625.00 (5)
8,866.50 (6)
· 4.430.00(7)
$ 443,000.00
$ 27,939.~9 (8)
S 470.939.99
CC~UTATION OF GR~NTAWARDAND LOCAL M~TC~A~OUNT
FCT Award Computation
Share of Total Purchase Price
Share of Acquisition Expenses
Total Share of Project Costs
$ 177,200.00
11.175.99
Share of Total Purchase Price
Share of Acquisition Expenses
Total Share of Project Costs
265,800.00
16.764.00
Total Pro~ect Costs
188,375.99(9)
~ ~82.564.00
$ 470.939.99
CCI4~]TATIONOF PREPAiDS, REIM~URSEMENTSANDADDITIONAL COSTS
FLORIDA CC~0NITIES T~UST
FCT
Prepaid P~e=t Costs
Appraisal Review
Total Prepaid Costs
$ 968.49
$ 968.49
FCT
Amount Due
Share of Total Purchase Price
Share of Total Project Costs
Less Total Prepaid Costs
Total Amount Due from FCT
$ 177,200.00
11,175.99
..... ~Z6S
FCT Recipient: City of Boynton Beach
Palm Beach County
Rosemary Scrub
FCT Project #93-008-P3A
FCT Contract #
Date:
Page 2
FCT RECIPIENT
Prepaid Pro~ect Costs
Purchase Price:
Janmar Properties, Ltd.
RTC
Appraisals
Title Search
Survey
Negotiating fee
Total Prepaid Costs
$ 200,000.00
243,000.00
13,050.00(3)
625.00 (5)
8,866.50(6)
4. 430.00 (7)
$ 469,971.50
'Share of Total Purchase Price
Plus Share of Acquisition Expenses
Less Prepaids
Total AmountDue To Recipient
$ 265,800.00
16,764.00
469. 971.50
$ 187.407.50
FCT Recip£entA~ttonal Costs
Record Grant Award Agreement $
Total Additional Costs $
64.50(10)
64.50
Notes:
(1) Maximum approved purchase price ~s $435,000 pursuant to memorandum dated
November 1, 1995, from Stephen Boyle to Howard Douglas.
(2) Maximumapproved'purchase price is $280,000 pursuant to memorandum dated
November 1, 1995,. from Stephen Boyle to Howard Douglas.
(3) Cost of two appraisals of $8,600 and $4,500 for both parcels.
(4) Cost of review of appraisals for both parcels.
(5) RCT parcel only.
(6) Cost of appraisal boundary survey of $5,146 and final boundary survey of $3,720
for both Parcels.
(7) Fee paid to The Nature Conservancy calculated at 1% of total land purchase price.
(8) Pursuant to the terms of the option agreements, the sellers paid the costs of
title insurance. Cost of environmental audit absorbed by County.
(9) Pursuant to the terms of the Conceptual Approval Agreement,. the amount of the
grant shall be the lesser of $264,377.00. or 40% of the~6~a-l~project costs.
City of Boynton Beach
Palm Beach County
Rosemary Scrub
FCT Project #93-008-PSA
FCT Contract ~
Date:
Page 3
(10) Disbursed to Clerk of the Court, Palm Beach County, at time of reimbursement
from FCT.
The foregoing calculation of grant award and total project costs is hereby approved
by the undersigned.
CITY OF BOYNTON BEACH
FLORIDA COMMUNITIES TRUST
By:
Its:
Date:
Approved as to form and legality
Date:
James F. Murley, Chair
Date:
Approved as to form and legality
Date:
PALM BEACH COUNTY
By:
Its:
Date:
Approved as to form and legality
Date:
This instrument prepared by:
Ann J. Wild
Florida Communities Trust
Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399-2100
CONTRACT #
FLORIDA COMMUNITIES TRUST
P3A AWARDS 93-008-P3A
GR~ AWARD
THIS AGREEMENT is entered into this day of ,
199_, by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a
nonregulatory agency within the State of Florida Department of
Community Affairs; and the CITY OF BOYNTON BEACH, a municipality
within the State of Florida and PALM BEACH COUNTY, a political
subdivisions of the State of Florida ("FCT Recipient"), in order
to impose terms, conditions, and restrictions on the use of the
proceeds of certain bonds, hereinafter described, and the lands
acquired with such proceeds and as described in Exhibit "A"
attached hereto and made a part hereof ("Project site"), as shall
be necessary to ensure compliance with applicable Florida Law and
federal income tax law and to otherwise implement provisions of
Chapters 253, 259, and 380, Florida Statutes.
WHEREAS, Part III Chapter 380, Florida Statutes, the Florida
Communities Trust Act, creates a nonregulatory agency within the
Department of COmmunity Affairs, which will assist local
governments in bringing into compliance and implementing the
conservation, recreation and open space, and coastal elements of
their comprehensive plans and in otherwise conserving natural
resources and resolving land use conflicts by providing financial
assistance to local governments to carry out projects and
activities authorized by the Florida Communities Trust Act;
WHEREAS, Section 259.101(3)(c), Florida Statutes, provides
for the distribution of ten percent (10%) of the net Preservation
2000 Revenue Bond proceeds to the Department of Community Affairs
to provide land acquisition grants and loans to local-governments
throughthe FCT;
WHEREAS, the Governor and Cabinet authorized the sale and
issuance of State of Florida Department of Natural Resources
Preservation 2000 Revenue Bonds ("Bonds");
GAA\93-008-P3A
11-9-95 i
WHEREAS, the Bonds were issued as tax-exempt bonds, meaning
that the interest on the Bonds is excluded from the gross income
of Bondholders for federal income tax purposes~
WHEREAS, Rule 9K-4.010(2)(e), F.A.C., authorizes FCT to
impose conditions for funding on those FCT applicants whose
projects have been selected for funding in accordance'with Rule
Chapter 9K-4, F.A.C.~
WHEREAS, theFCT has approved the terms under which the
Project Site was acquired and the FCT Recipient has acquired
title to the Project Site and the Project Site shall be subject
to such covenants and restrictions as are sufficient to ensure
that the use of the. Project Site at all times complies with
Section 375.051, Florida Statutes and Section 9, Article XII of
the State Constitution and such covenants and restrictions shall
contain clauses providing:for the conveyance of title'to the
Project Site to the Board~of Trustees of the Internal Improvement
Trust Fund upon the failure of the FCT Recipient to use the
Project Site acquired thereby for such purposes~ and
WHEREAS, such covenants and restrictions.shall be imposed by
an agreement which s~allldescribe with.particularity the real
property Which is sub]ect~to the agreement and shall be recorded
in the county in which the real property is located~ and
WHEREAS, the purpose of this Agreement is to set forth the
covenants and restrictions that are imposed on the Project Site
subsequent to its acquisition with FCT Preservation 2000 Bond
Proceeds.
NOW THEREFORE, in consideration of the mutual covenants and
undertakings.Set forth herein, and other good.'and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, FCT and FCT Recipient do hereby contract and agree
as follows=
I. gENERAL CONDITIONS.
1. Upon execution and delivery by the parties hereto, the
FCT Recipient shall cause this Agreement to be recorded and filed
in the official public records of Palm Beach County, Florida,
and in such manner and in such other places as FCTmay reasonably
request, and shall pay all fees and charges incurred in
connection therewith.
2. The FCT Recipient and FCT agree that the State of
Florida Department of Environmental Protection will forward this
Agreement to Department of Environmental P~e~ection Bond Counsel
for review. In the event Bond Counsel opines that an amendment
is required to this Agreement so that the tax exempt status of
GAA\93-008-P3A
11-9-95 2
the Preservation 2000 Revenue Bonds is not jeopardized, FCT and
FCT Recipient shall amend the Agreement accordingly.
3. This Agreement may be amended at any time. Any
amendment must be set forth in a written instrument and agreed to
by both the FCT Recipient and FCT.
4. This Agreement and the covenants and restrictions
containedherein shall run with the Property herein described and
shall bind, and the benefits Shall inure to, respectively, the
FCT and the FCT Recipient and their respective successors and
assigns.
5. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida, with respect to
both substantive rights and with respect to procedures and
remedies.
6. Any notice required to be given hereunder shall be given
by personal delivery, by registered mail or by registered
expedited service at the addresses specified below or at such
other addresses as may be specified in writing by the parties
here=o, and any such notice shall be deemed received on the date
of delivery if by personal delivery'or expedited delivery
service, or upon actual receipt if sent by registered mail.
FCT:
Florida Communities Trust
Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399-2100
ATTN: Executive Director
FCT Recipient:
City of Boynton Beach
ATTN:
FCT Recipient:
Palm Beach County.
ATTN:
7. If any provision of the Agreement shall be invalid,
illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not in any way
be affected or impaired.
GAA\93-008-P3A
11-9-95 3
II. PROJECT BITE REQUI_~-w~-~TB IMPOSED BY CHAPTER 259, CHAPTER
375', AND CHAPTER 380, PART III, FLORIDA STATUTES.
1. If any essential term or condition of this grant
agreement is violated by the FCT Recipient or by some third party
with the knowledge of the FCT Recipient and the FCT Recipient
does not correct the violation within 30 days of notice of the
violation,'fee simple title to all interest in the Project Site
shall~be conveyed to the Board of Trustees of the Internal
Improvement Trust Fund. The FCT shall treat such property in
accordance with Section 308.508(4)(e), Florida Statutes.
2. Any transfer of the Project Site shall be subject to the
approval of FCT and FCT shall enter into a new agreement with the
transferee, containing such covenants, clauses, or other
restrictions as are sufficient to protect the interest of the
people of Florida.
3. The interest, if any, acquired by the FCT Recipient in
the Project Site will not serve as security for any debt of the
FCT Recipient unless FCTapproves the transaction.
4. ~f the existence of the FCT Reci~ie-~
· . - .~ ~.~ u~&mA~=~ =or.any
r~ason, tatle to all interest an the Project Site it has acquired
with the FCTaward shall be conveyed to the Board of Trustees of
at~_~te~rna%_~mpro~.emen~ T..r~st Fund, unless FCT negotiates an
~e~men= war~. anonner l~ca~ government or nopprofit organization
wn~n agrees =o accept tatle to all anterest an and to manage the
Project Sate.
5. In the event thatthe ProPect S~- ~ ~-=~ --
destroyed or title to the Pro~ect Site .
.~_.. =___t~= _ .~? .r~.e ~er o£.emanent domaan, the FCT Recipient
~,,=~ u=~o~= warm =ne FCT any ansurance proceeds or any .
conuemnation award, and shall promptly comme~ce to rebuild, .
replace, repair orrestorethe Project Site in such manner as is
~~tent with .the Agree~_ent..The FCT shall make any such
xnsu~nce proceeds or condemnation award mon,v~ ~,~~ ..
provide funds for such restoration ~ -;i-~J--iXiii~tY Y~--
FCT Reci-ie-~ ~-=- ~ -- .... ~ ~e even= =na= ~e
re--=- ~_ ~= =aaa? =o comm. ence.or to complete the rebuilding,
7?~=,_rep~acemen= or restorataon of the Project Site after
nonace from the. FCT, the FCT shall have the ri-hr in ~4-~- ~-
reDual~ or replace the Project Site s;'as to-~r~;;n~'~'''
occurrence of a default hereunder.
Notwithstanding any of the foregoing, FCT__will have the right
to seek specific performance of any of the~o~V~nants and
restrictions of this Agreement concerning the construction and
operation of the Project Site.
GAA\93-008-P3A
11-9-95 4
??'to PROJECT S?TE OBL~ATTONS. ?HPOSED BY FCT ON THE FCT
RECIPIENT.
1. The Project Site shall be managed only for the
conservation, protection and enhancement of natural and
historical resources and for resource-based public outdoor
recreation which is compatible with the conservation, protection
and enhancement of the Project Site, along with other related
uses necessary for the accomplishment of th%s.purpose. The
proposed uses for the Project Site are specifically designated in
~he Project Plan as appro%ed by FCT.
2. The FCT Recipient shall prepare and submit to FCT an
annual report as required by Rule 9K-4.013, F.A.C.
3. The FCT Recipient shall ensure that the future land use
designation assigned to the Project Site is for a category
dedicated to open space, conservation, or outdoor recreation uses
as appropriate. If an amendment to the FCT Recipient.s
comprehensive plan is required to comply with this paragraph, the
amendment shall be proposed at the next comprehensive plan
amendment cycle available to the FCT Recipient.
4. FCT Recipient shall ensure, and provide evidence
thereof to FCT, that all activities under this Agreement comply
with all applicable local,
· . state,.regional and federal laws and
regulations, includ%ng zoning ordinance? a~d the adopted.and
approved comprehensive.plan for the jurisdIctio~ as appliCable.
Evidence shall be provided to FCT that all reqUired licenses and
permits have been obtained pr'lor to the commencement of any
construction.
5. The FCT Recipient shall, through its agents and
employees, prevent the unauthorized use of the Project Site or
any use thereof not in conformity with the FCT approved project
plan. ·
6. FCT staff or its duly authorized representatives shall
have the right at any time ~o inspect the Pro]ec~ Site and the
operations of the FCT Recipient at the Project Site.
7. All buildings, structures, improvements, and signs
shall require the prior written approval of FCT as to purpose.
Further, tree removal., other than non-native species, and/or
major land alterations shall require the written approval of FCT.
The approvals required from FCT shall not be unreasonably with-
held by FCT upon sufficient demonstration that the proposed
structures, buildings, improvements, signs,-V-ege--ta~ion removal or
land alterations will not adversely impact the natural resources
of the Project Site. The approval by FCT of the FCTRecipient's
GAA\93-008-P3A
11-9-95 5
management plan addressing the items mentioned herein shall be
considered written approval from FCT.
S. _.~f archaeological and historic sit .....
project . . ~o Q~= ~oca~e~ on =ne
~l=e, the FCTReclpien~ shall co~ly with ChaPter 267,
Florida
Statutes. The collection of artifacts from the Project
Sits or the disturbance of archaeological and historic sites on
the Project Site will be prohibited unless prior written
authorization has been obtained from the Department of State,
Divisionof Historical Resources.
9, The FCTRecipient shall ensure that the Project Site is
identified as being publicly owned and
operated as a passive,
n~tural ~esource-based publi? ~utdoor recreational site in
signs, literature and advertise- ...... ~= ....... '. all
· . ~.~ ~w=~=~n~ ~ne Pro ec= Sit
The FCT Recipient shall erect a sign(s) identifyin ]the Pro~
g ] ct
Site as being open to the public and as having been purchased
with funds from FCT and FCTRecipient.
IV. OBLIGATIONS INCURRED B~ FCT RECIPIENT AS A RESULT OF BOND
PROCEEDS BE1N~ UTILIZED TO PURCHASE THE PROJECT SITE.
1.. If the Pro~ect Site is to reread- -..~---
acquisition by ~e S~ate an~ the FCT-Recipient, to an o
belo~ listed activities or intere-~- ~_ ~.- a . . Y. ~ the
~rovade at least 67 days written.notice of any such activ
interest to FCT ~r~o- ~- -= ...... , ..... ' ~ty or
· =' ~ ~ ~=.==~¥~=Y =a~lng place, and shai
provide to FCT suchinformat~on W~th - ..... - .....
=ea~onamay requests 1~ ~rder to evaluate the le al and ta '-
sequences of such activity or interest: g x con
a. any lease of any interest in the Project Site to a
non-governmental person or organization;
b. the operation of any concession on the Project
Site to a non-gOvernmental person or organlzat'ion;
.... c. any ~ales ~ontract or option to buy things
a~=acned =0 the Pro]ect Site to be severed from the Pro'ec Site,
w~th a non-governmental person or organization; ] t
d. any ~se of the Project Site by non-governmental
persons other than ~n such person's capacity as a member of the
general public;
e. a management contract of the Project Site with a
non-governmental person or organization; and
f. s~ch othe~ activity or interes%~as maybe
specified from time to time in writing by FCT to the FCT
Recipient.
GAA\93-008-P3A
11-9-95
6
2. FCT Recipient agrees and acknowledges that the
following transaction, events, and circumstances may not be
permitted on the Project Site as they may have negative legal and
tax consequences under Florida law and federal income tax law:
a. a sale of the Project Site or a lease of the
Project Site to a non-governmental person or organization;
b. the operation of a concession on the Project Site
by a non-governmental person or organization;
c. a sale of things attached to the Project Site to
be severed from the Project Site to a non-governmental person or
organization;
d. any change in the character or use of the Project
site from that use expected at the date of the issuance of any
series of bonds from which the disbursement is to be made;
e. any use of the Project Site by non-governmental
persons other than in such person's capacity as a member of the
general public;
f. a management contract.of the Project Site with a
non-governmental person or organization; and
g. such other activity or interest as may be
specified from time to time in writing by FCT to the FCT
Recipient.
DELEGATIONS AND CONTRACTUALARRANGEMENTS 'BETWEEN TH~ FCT
RECIPIENT AND OTHER GOVE~N]4~NTAL BODIES, NOT FOR PROFIT ENTITIES,
OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT
SITE WILL IN NO WAY RELIEVE THE FCT RECIPIENT OF THE
RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON
THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO
ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE
CONTRACTING PARTY.
Vm
ONDZTIONS PARTICULAR TO THE PROJECT SITE TH~TMUST BE
DRESSED IN THE MANAGEMENT PLAN
. ..%?. T~e FCTRecipient shall provide ouean-~ ~...~4~..~
parking area on the Project Site. The facilities shall be
~:~p~e~__in_a man~.~r tha~ allows.the general public reasonable
~ ~or observation an~ appreciation of the significant
GAA\93-008-P3A
11-9-95
7
2. The timing and extent of a vegetative survey of
vegetative communities and plant species on the Project Site
shall be specified in the management plan. The FCT Recipient
shall detail how the survey shall be used during development of
the site to insure the protection, restoration, and preservation
of the natural resources on the Project Site.
3. The sand pine scrub, pine flatwoods and mesic hammock
plant communities that exist on the Project Site shall be
preserved and appropriately managed to ensurethe long-term
viability of th~se ~ommunities.
· ~. The Project ~ite shall b? managed in a manner that
op=imizes habitat conditions for listed wildlife species that
~ilize. or ?oUld.potentially utilize the. Project Site, includinq
= ~ n~z~a~n~ ~na~ coorulna=e with the Game and Fresh
Water Fish Commission and the Nature Conservancy on the
management of.the Project Site for the protection of listed
species and Iisted 'sP~C~ habitat. The FCT Recipient shall also
conduct periodic
a ......... listed species using the Project Site
au ~eve~op inzorm~tional slg~.s relating to the protection of
listed animal species and their habitat.
..5. The ~CT Recipient sh~ll remove approximately 4 acres of
ex0tlc vegetation from the Pro-ect Site --~ .......... ·
.... ~ ~ . ~ =~ m~nu~ unls area =o
aa~ow rot natural succession by native vegetative species.
.. ~. Prior to the.commencement of any proposed development
a~h~~o~Ic~ sl=es. All planned activities involving known
or potential site areas shall be closely
coordinated with the Department of State, Division of Historic
Resources, in order to prevent the disturbance of significant
sites.
~. The FCTRecipient shall ensure that the Project Site
and listed animal species ~nd their habitat are sufficiently
buffered from the adverse impacts of adjacent land uses.
8. A vegetative analysis of the Pr-~--~ -~ ......
E~r~_.~d.~o de~erm~ne.whl.ch 9reas of the P~oject Site require a
~=~sc~lme~ murnln~ regime l~%emented to maintain natural fire-.
uepen~ent vegetatave co.mm.unities. The FCT Recipient shall
~=r_=is~ commission on the develo ment ·
plan rot the Project Site. p of a prescribed burn
9. Environmental education and scientifi~ research
programs related to the natural' resources on 'the Project Site
shall be developed and implemented.
GAA\93-008-P3A
11-9-95
8
10. Access to the Project Site by pedestrians and
bicyclists shall be promoted as an alternative to automobile
access.'
11. The requirements imposed by other grant program funds
that may be sought by the FCTRecipie~t for activities associated
with the Project Site shall not conflict with the terms and
conditions of the FCT award.
THIS GRANT AWARD AGREEMENT embodies the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement.
AGREED AND ACCEPTED, this
day of , 199
ATTEST:
Dorothy H. Wilken, Clerk
BY:
Deputy Clerk
Date:
(SEAL)
Accepted as to Form and Legal
Sufficiency:
BY:
County Attorney
Date:
PALM BEACH COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
BY:
Chair
Date:
GAA\93-008-P3A
11-9-95
9
CITY OF BOYNTON BEACH
ATTEST:
By:
As to the City
By:
Title:
Date:
Title:
Date:
Accepted to Legal Form and
City Attorney
Date:
Sufficiency:
FLORIDA COMMUNITIES TRUST
Witness Name:
Witness Name:
James F. Murley, Chair
Date:
Accepted as
Sufficiency:
to Legal Form and
Ann J. Wild, Trust Counsel
Date:
GAA\93-008-P3A
11-9-95
10
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
day of 19'9 , by
as v _ v
· He is personally
known to me, or has produced as identification.
Notary Public
Print Name:
Commissi0~ No.
My Commission Expires:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
day of
as , 199_, by .-
~ He is personally
known to me, or has produced 'as identification.
Notary Public
Print Name:
Co~ission No.
My Commission Expires:
STATE OF FLORIDA
COUNTY OF LEON
~he f~regoing instrument was acknowledged before me this
~f aay or , 199 by JAMES F. MU~?.~Y, as Chair
the Florida Communities Trust. He is personally known to me.
GAA\93-008-P3A
11-9-95
11
Notary Public
Print NameL__
Commission No.
My Commission Expires:
ExhiBIT
A parceI of land lying in-Sections 9 and 16, Township 45-South,
Range 43 East, Palm Beach County, Florida, being more particularly
described as follows:
From the SDutheast corner of the Southwest Quarter (SW 1/4) of Jaid
Section 9 run North 90 degrees 00 minutes 00 seconds West along the
South line of said Section-9 a distance of 40.00 feet to the Point
of Beginning of the herein described parcel of land; continue
thence North 90 degrees 00 minutes O0 seconds West a distance, of
68.5~ feet; thence due South a distance of 40.00 feet; thence due
East a distance of 45.88 feet to the point of curvature of a curve
concave to the Southwest having a radius of 25.00 '.f.eet, thence
Southeasterly along the arc of said curve through a central angle
of 87 degrees 57 minutes 15 seconds a distance bf 38.38 feet to a
point on the Westerly Right-of-Way line of Seacrest Boulevard, an~
point of tangency of said curve; thence South 02 degrees 02 minutes
45 seconds East along said Westerly Right-of-Way line a 'distance of
75.88 feet; thence South 87 degrees 57 minutes 15 seconds West
along'the South line of Lot.10, Block 20, of Rolling Green Ridge,
1st Addition, as recorded i~ ~lat Book 24, at Page 223-, of the
Public Records-of ~Palm Beach County, tFlorida, a distance of 73.62
feet; thence along the North line of said Plat of Rolling Green
Ridge, South 52'degrees 20 minutes 15 seconds West a distance of
75.79 feet; thence North 50 degrees 50 minutes 05 seconds West a
distance of 77.39 feet; thence North 90 degrees'00 minutes 00
seconds West a distance of 130,42 feet; thence leaving said North
line North 02 degrees 02 minutes 45 seconds West along a
parallel to Seacrest Boulevard a distance of 140.08 feet to a poznt
on the South line of said% Section 9; thence North 01 degrees 32
minutes 45 seconds East along a line parallel to Seacrest Boulevard
-a distance of 658.72 fee~ to a point ~n the North line of the South
half (S 1/2) of t~e Southeast Quarter (SE I/4).of ~he Southwest
Quarter (SW 1/~) of said Section. 9;. thence ~long said North line
South 89 degrees 58 minutes 45 seconds East a distance of 324.05
-feet =o a-point on the Westerly Right-of-Way line of Seacrest
Boulevard, an 80.00 foot wide road Right'of-Way; thence South 01
degrees 32 minutes 45.seconds West along said Westerly Right-of-Way
!ine'a distance-of 658.62 feet to the Point of Beginning.
LESS-AND EXCEPT THEREF~OMTHE FOLLOWING DESCRIBED PROPERTY:
A parcel of land lying in Section 9, ToWn~hip 45 South, Range 43
East, Palm Beach County, Florida, being more particularlydescribed
as follows:
From the Southeast corner of the Southwest Quarter (SW. 1/4) of said
Section 9; thence due West along the South line of sazd Sec~ion 9,
a distance of 40.01 feet to a point of intersection with a line
parallel with and 40.00 feet at right angles to the East line of
· the Southwest Quarter (SW 1/4) of said Section 9; thence North 0I
degrees 32 minutes 45 seconds East-a~_~ said parallel line a
distance of 4D.01 feet to a point of intersection with a line
parallel with and 40.00 feet at right angles to the South line of
the Southwest Quarter (SW.1/4) of said Section 9 and the Point of
Beginning of the herein described parcel; thence continue North 0!
degrees 32 minutes 45 seconds East along the West Right-of-Way line
of Seacrest Boulevard, as' now laid-out and in use, a distance of
250.00 feet; thence due West a distance of 175.00 feet; thence
South 01 degrees 32'minutes 45 seconds West a distance of 250.0~
feet; thence due East a distance of 175.00 feet to the Point of
Beginning.
· Janmar Parcel
EXHIBIT "A" (continued)
AND ALSO:
A parcel of land lying in Section. 9, Township 45 South, Range 43
East, Palm Beach County, Florida. Said Parcel being more
particularly described as follows:
Commencing at the .southeast corner of the Southwest 1/4 of Section
'9 Township East .-?ale Be. ach County, Florida:
;=o. a point on the West right'
point also
or-.way, line
beginning; thence
point on
North O0OOS.O0. East along
NO. 9, a
southwest
25, page 144 of
thence with
being the poin~ of
· a distance of 793.14 feet to a
line of State Road No. 9; thence run
EaSt rightlof_Way line of State Road
to a point; said point being the
Estates, as recorded in Plat Book
also
.distance of
of of 809.90 feet to 9oint; :said
corner of North.] Estates, as
B, of the
Wes' a South' OlO32~45,,
right
(!said-
Blvd.), a
A parcel of land lying in Section 16, .Township 4~. South, Range 43
East, Palm Beach County, Florida.- Sa'id parcel being more
particularly described as follows:
Commencing at'the Southeast corner of the Southwest 1/4 of Section
9, Township 45 South, Range 43 East,. Palm Beach County, Florida;
thence West, a distance of i08.60 feet to the point of beginning;
thence South a distance of !40.00
d~ ............. feet to ~ point; thence East., a
Askance oz ~5.s8 fee= =o a point; thence wxtha curve to the right
having.a, radius of 25.00 feet, a central anqle of 87w57,15,,, and an
}~c_length_oi_3~.3S feet, t° a point on the west ~ich~-of
an~l~,, ~r~a~i'~ '' ,u.uu zee= West of, ,, measured at righ~
line of the Northwest 1/4 (NWl/4) of Section 16
(said line'also being the West right-of-way line of Seacrest
Blvd.), a distance of.75.88 thence South ~7o57,15,,
West _ ~_= ..... feet to a P~int;
· , = =%~=ance oz 73.62 feet to a point; thence South"52"20,15,,
West, a distance of 75.79:'fee~ to a poSnt; thence North S0~50'05,,
West, a distance of 77;39 feet t~ a point} thence West a dasta
of 253.02 feet to a POint: the~-~ ~-J~ ..,..,._L .... !nce
· . i- - =rT"-, ~-~,,W= mor~n a ~lstance of 70.00
polar then=e o , ~,, . _ feet to a
point the ~ 4 71 feet to a
, ~ ncc wes=, a distance of S0.00 ifeet to a point- the
EXHIBIT "A" (continued)
Janmar Farce~
East right-of-way line of State Road No. 9; thence North 00°05'00''
East, along the East right-of-way line of State Road No. 9, a
distance of 109.85 feet to a point; thence East, a distance of
.- 724.55 feet more or lesS'to the point of beginning.
LESS AND EXCEPT the following described parcel of land:
A parcel of land lying in Section 9, and 16, Township 45 South,
Range 43 East, Palm Beach county, Florida, being more particularly
described as follows:
From the Southeast corner oft he Southwest quarter ($W.1/4) of said
Section 9, run North 90°00'00:'' West, along the South line of said
Section 9, a distance of 40.00 feet to the point, of beginning of
the herein described parcel 'of land; continue thence. North
97°00'00" West, a distance of 68.59 fee~; thence due South a
distance of 40.00 feet; thence due East a distance of 45.88 feet to
the point of curvature, of a curve concave to the Southwest having
a radius of 25.D0 feet, thence Southeasterly along thearc of said
feet,
Blvd.,
East,
feet;
Block
Plat
through ~ central angle of 87057'15'',
· a distance, of 38.38
toe 'point on th~ Westerly r~ght~of-way line.of Seacrest
and point of tangency of said curve; thence South02o02~45"
a16n~-said Weste~l~ ~ight-of~way line, a distance of 75.88
thence South 87"57'i5'' West, along the south line of Lot 10,
Green Ridge, 1st.' Addition, as re~orded in
223 of the Public Records Palm Beach'County,
Florida, a distance, of 73.62'feet; thence along the Nort/3 line of
South 52"20'15'' West, a distance
said Plat of
of 75:.79 feet; thence
feet; thence North
thenc~
petal
the S
line
point on the
quarter (S
9;
324.0~.
West
of 658.62 f the
i50"50'05" West, a distance of 77.39
West, a distance of 130.42 feet;
North 02°02~45~ West, along a line-
, ~ distance of 140.0~ "%et to'a'point.on
9;'thence North 01~3~ .~" East, along a
B~d., a distance of 658.72 feet; to a
the South half (S 1/2) of the Southeast
quarter (SW 1/4) df said Section
~outh 89"58'45'' East, a distance of
the Westerly-right-of-way line of
wide road right-of-way; thence South
right-of-way line, a distance-
beginning.