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R95-103RESOLUTION 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 A SUBORDINATION OF ENCUMBRANCE TO PROPERTY RIGHTS BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY; PROVIDING THAT THE COST OF RELOCATION OR REMOVAL OF ANY FACILITIES OWNED BY THE CITY UNDER EASEMENT RECORDED IN ORB 6099, AT PAGE 1506 (LAWRENCE ROAD - NAUTICA P.U.D.} SHALL BE BORNE BY THE COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach currently owns and maintains a large diameter gravity sewer located in an easement along the west side of Lawrence Road between Miner Road and the L-21 canal; and WHEREAS, Palm Beach County is requiring the developer of Nautica P.U.D. to construct roadway improvements over the existing easement, necessitating a subordination of the City's easement; and WHEREAS, the subordination agreement will not impede the City from maintaining the existing gravity sewer and provides for all costs for relocation or removal to be borne by Palm Beach County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby authorizes the Mayor and City Clerk to execute a Subordination of Encumbrance to Property between the City of Boynton Beach, Florida and Palm Beach County providing for the cost of relocation or removal of any facilities owned by the City under Easement recorded in ORB 6009, at page 1506 (Lawrence Road - Nautica P.U.D.) shall be borne by the County, a copy of said Agreement being attached hereto as Exhibit "A". _$_e_c_tJ_o._0_~. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this ~ day of July, 1995. ATTEST: Cit,~ Clerk Mayor j Vice yayor ,~'"'~.~ May~(:~r:0 'i'em ~miss~nef' Return to: Right-of-Uay Acquisition Section Name: Palm Beach County Engineering Post Office Box 21229 Address: ~/est Palm Beach, FLorida 33416 At tn: ICAT ZIMHERMA# Acct, No.: 001'~d3-4240-4921 This Instrta~ent Prepared by: Name: Paul F. King, Assistant County Attorney Palm Beach County Address: Post Office Box 21229 I~est Palm 8each:, FLorida 33416 P.C. Ho.: 08-42-~5-13-00-000-102.0 . SPACE ABOVE THIS LINE FOR PROCESSlHG OATA Project No.: Project Name: LAWRENCE ROAD Parcel No.: 94-235 SPACE ABOVE THIS LIHE FOR PROCESSING DATA SUBORDINATION OF ENCUMBRANCE TO PROPERTY RIGHTS TO COUNTY OF PALM BEACH, FLORIDA KNOll ALL MEH BY THESE PRESENTS: That ~hereas it is proposed by the COUNTY OF PALM BEACH to Locate, construct, maintain, and/or improve a portion of LA~/RENCE ROAD in Palm Beach County, FLorida, in accordance uith survey and plans on file in the Office of the County Engineer; and, and, ~ItEREAS, a portion of the Lands involved and necessary to said projects is subject to an easement held by the undersigned; ~HEREAS, on behalf of the County of Palm Beach, a request has been made for the undersigned to subordinate said encurbrance to the property rights of the County of Palm Beach in and to the portion of the premises hereinafter described; NOg THEREFORE, UITHESSETH: That for and in consideration of the premises and One($1.00)Oo[Lar and other good and valuable considerations, paid, receipt of ~hich is hereby acknowledged, the undersigned subordinates said enct~brance to the property rights of the County of Palm Beach, F[oride, to Locate, construct, maintain and/or improve said project over, through, under and/or across the following described [ands, being a portion of the encumbered premises in Palm Beach County, FLorida, to-uit: See Exhibit ..A# Attached Hereto and Made A Part Hereof insofar as said premises are affected by the foLLouing described enctmbrsnce nc~ held by the undersigned: NATURE OF ENCUMBRANCE DATE Easement 06-01-89 FROM OR AGAINST Boynton Nurseries, a Florida General Partnership IN FAVOR OF City of Boynton Beach RECORDED BOOK - PAGE OR6099 - 1506 Provided that the costs of relocation or removal of any facilities owned by the easement holder within the easement area shall be borne by the County. PROVIDED, AL~IAYB, NEVERTHELESS, and it ts expressly understood and agreed that this instrument subordinates said encumbrance insofar as same affects the rights and privileges of the County of Palm Beach in its use of the Land specifically above described for high,ay purposes only, and that nothing herein contained shall in any way attar, affect, impair, minimize or climfnish the effect of said encumbrance or the remedies at tau or in equity for recovering thereunder, or against the parties charged thereby, the full amount of alt sums secured by and/or under the same. It is further understood and agreed that in the event said above described premises are abandoned by the County and cease to be used for high,ay and maintenance purposes that in such event the subordination of said encumbrance shall terminate in and to such portion abandoned and no longer used as aforesaid, and the encurbrance shall become of the same status ~ith reference to such abandoned portion as if the subordination has never been made. LAWSON, NOBI, E'~&- A-~!i-~iiOCIAi-E$, INC. CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS 420 COLUMBIA DRIVE, WEST PALM BEACH, FLORIDA PHONE (407) 684-6686 EXHIBIT "A" LEGAL DESCRIPTION: ADDITIONAL ROAD RIGHT-OF-WAY FOR LAWRENCE ROAD BEING ALL OF TRACTS C AND F, NAUTICA PLAT ONE, IN THE CiTY OF BOYNTON BEACH AS RECORDED IN PLAT BOOK '~-. PAGES ~'70 THROUGH [-/~OF THE PUBLIC RECORDS OF PALM BEACH cOUNTY, FLORIDA. CONTAINING 0.151 ACRES MORE OR LESS. CERTIFICATION: I HEREBY/CERTIFY THAT THE DESCRIPTION AND ATrACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCOR~A~ICE WITH THE SURVEYING STANDARDS, CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, SET FORTH ~THE FLORIDA,,BOARD OF LAND SURVEYORS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, /~ND IS/TJ~LIE _A,I~I~ CO~JE(~T..~O THE BEST OF MY KNOWLEDGE AND BELIEF. / /"/,I ,-.-' -:--:%,.'- - WlLB-----~R F. DIVINE',; ./.... NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT REG. LAND SURVE;YOR N{~, ~t.190 - - STATE OF FLORIDA'~ ';~ ~ .;'~.~ ~ DATE' ,../ .... ~- -: ;:;;r- .., :.,~-~ REVISIONS-UPDATES.,, JOB NO.: 94-235 ZRP\SRVY~SK ETCH~94- 235 i ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. ~.THERE HAS BEEN NO FIELD WORK, VIEWING OF THE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THIS INFORMATION SHOWN DATE I , HEREON BY CK D · ' I ~"NOTE: LANDS SHOWN HEREON WERE NOT -]-' · ABSTRACTED FOR RIGHT-OF-WAY AND/OR I ~ I EASEMENTS OF RECORD.. iBY: · m WFD LAWSON, NOBLE & ASSOcIATEs,' INc. CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS 420 COLUMBIA DRIVE. WEST PALM BEACH. FLORIDA PHONE (407)684-6686 EXHIBIT "A' THIS IS NOT A SuRvEY! FOR DESCRIPTION '/J A U T/CA SEE SHEET J OF ~ SUBORDINATION OF ENCUMBRANCE PAGE TWO (2) (CORPORATION) Project No.: 94-235 Parcel No.: IN WITNESS WHEREOF the said holder of said encumbrance has duly executed this instrument this ~ day of ~ A.D., 19~ Signed, sealed and delivered in the presence of: (2 witnesses required by Florida Law) Typed or printed name of witness APPROVED AS TO FORM: - ,~Q- CITY Ai'TORNEy Cit¥Of Boynton Beach Typed or printed name of Corporation Typed /or printed name of witness BY: Its MAYOR GERALD TAYLOR Typed or printed name of /~/~ (CORPORATE SEAL) STATE OF COUNTY OF City of Boynton Beach P. O. Box 310, Boynton Beach, FL 33425 Mailing address ATTEST: Its~ ~/;-~ Typed or printed name of..~ ~ Before me, the undersigned authority, this day personally appeared e~z4~b'[-A~l°~ and Suz~N,~ ~. ~U~ ~ who are pers6nally known to me or who have produced as identification and who did/did not take an oath and who executed the foregoing instrument as and respectively, of the Corporation named in the foregoing instrument, and they severally acknowledged to and before me that they executed said instrument on behalf of and in the name of said corporation as such officers; that the seal affixed to said instrument-is the corporate seal of said corporation and that~ it was affixed thereto by due and regular corporate authority; they are duly authorized by said corporation to execute said instrument and that said instrument is the free act and deed of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal this 7 day of /~_ , A.D., 19~--. (NOTARIAL SEAL) ~o~ary ! ' in and for. the ~untv and St~t~ Typed or printed name of Notary Public 265-LGL Rev. 11/94 My Commission expires: .... . ....... . ...,.. :. 4..~. ~