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RESOLUTION R12 -023
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND THE SCHOOL BOARD OF PALM BEACH
COUNTY FOR THE CONVEYANCE OF THE
PRESERVATION PROPERTY LOCATED ADJACENT TO
THE RELOCATED CITY PARK AT THE NEW GALAXY
ELEMENTARY SCHOOL SITE; AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE
INTERLOCAL AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the School Board is willing to convey the Preservation Property to
the City subject to certain use restrictions and with a reversionary right on the
Preservation Property; and
WHEREAS, the City is willing to construct improvements on the Preservation
Property and be responsible for any fees, permits, use and maintenance costs, and
adequate security of the Preservation property; and
WHEREAS, the parties mission is to utilize the Preservation Property and i
improvements to further environmental education, environmental stewardship,
environmental research and environmental curricula serving all ages and education
levels; and
WHEREAS, it is the desire of the City and the School Board of Palm Beach
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County to enter into an Interlocal Agreement outlining the cooperation in the
development of the Preservation Property by providing to each other certain rights and
benefits in accordance with the terms and conditions contained in the Interlocal
Agreement.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby approve the Interlocal Agreement between the City of Boynton Beach and
School Board of Palm Beach County for the conveyance of the Preservation Property.
Section 3. The Mayor and City Clerk are authorized to execute the Interlocal
Agreement on behalf of the City of Boynton Beach, a copy of which is attached hereto
as Exhibit "A ".
Section 4. That this Resolution shall become effective immediately upon
passage.
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PASSED AND ADOPTED this 201h day of March, 2012.
CITY F BOYNTON BEA H, FLORIDA
May VV o ay
ViceM*r -- - �illiarn Orlove
--Cvffj;i< - Mack Mc
C mmiss1we(- SZen Zl
Commissioner - Marlene Ross
ATTEST:
k m .LPL
JJ it et "nito, MMC
MPrai
tM-P
i v
ty Clerk
(Corpd
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R l -Ca3
THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA
THE CITY OF BOYNTON BEACH
FOR THE CONVEYANCE, DEVELOPMENT AND MUTUAL USE OF
THE PRESERVATION PROPERTY
This Interlocal Agreement ( "Agreement ") entered into this a0 of 1'iahz4 ,
2012, 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 and the
City of Boynton Beach, Florida, ( "City ") a Florida municipal corporation. The School
Board and City 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 School Board owns certain real property described on Exhibit "A"
attached hereto and incorporated herein by reference adjacent to the future City
Replacement Park ( "Preservation Property"): and
WHEREAS, the School Board is willing to convey the Preservation Property to the City
subject to certain use restrictions and with a reversionary right on the Preservation
Property; and
WHEREAS, the City is willing to accept title subject to certain use restrictions and a
reversionary right on the Preservation Property; and
WHEREAS, the City is willing to construct improvements on the Preservation Property
and be responsible for any fees, permits, use and maintenance costs, and adequate
security of the Preservation Property. The City shall communicate any plans with the
Fish and Wildlife Conservation Commission; and
WHEREAS, the parties' mission is to utilize the Preservation Property and
improvements to further environmental education, environmental stewardship,
environmental research and environmental curricula serving all ages and educational
levels; and
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WHEREAS, the School Board and the City desire to cooperate in the development of
the Preservation Property 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 CONTAIIVED 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:
(a) Closing. The delivery of a Deed by the School Board to the City.
(b) Closina Date. The Closing for the conveyance of the Preservation Property
to the City shall occur not later than thirty (30) days following School Board's approval of
this Interlocal Agreement. It is currently anticipated that the Closing under this
subparagraph will be held no later them May 1, 2012.
(c) Deed A Special Warranty Deed, which shall convey the Preservation
Property from School Board to City, substantially in the form attached as Exhibit "B ".
(d) Effective Date. The Effective Date of this Agreement shall be the date upon
which this Agreement is executed by both parties.
(e) School Board's Address. School Board's mailing address is Director,
Planning and Real Estate Services, 3300 Forest Hill Blvd., Suite C -110, West Palm Beach,
FL, 33406 with a copy to Chief Counsel, P.O. Box 19239, West Palm Beach, FL 33416.
(f) Citv'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, Fort
Lauderdale, Florida 33308.
(g) Title Inspection Period. Shall mean fifteen (15) days after receipt of a title
commitment for the Preservation Property.
(h) 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 3: DEVELOPMENT OF PRESERVATION PROPERTY. The City shall, at its
expense, construct a Greenway, nature trail, sidewalk and pathway markers, maintain
the Preservation Property, be responsible for the cost, care and maintenance of the
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Preservation Property, and the cost of all fees and permits. The City acknowledges that
The Education Foundation of Palm Beach County ( "EFPBC "), on behalf of the School
Board, has received a $20,000 grant from The Batchelor Foundation, Inc. ( "Batchelor ")
to fund the purchase of trees and improvements to benefit gopher tortoises on the
Preservation Property, as set forth in the EFPBC's proposal letter dated November 2,
2011 to Batchelor. The City agrees to cooperate with the EFPBC regarding the
expenditure of the grant funds.
SECTION 4: CONVEYANCE OF PRESERVATION PROPERTY.
(a) Within fifteen (15) days after the Effective Date: (i) the City may, at its
option and expense, obtain a title commitment (a "Commitment ") from an authorized title
agent (the "Title Agent ") for the issuance of an ALTA Form "B" Marketability Owner's
Title Insurance Policy (the "Title Policy ") covering the Preservation Property (the "Title
Company "); (ii) the City may, at its option and expense, obtain a survey of the
Preservation Property (a "Survey ") which shall be prepared by a registered land
surveyor, certify the acreage of the parcel to 1 /100 of an acre and be certified to the
Parties, the Title Agent and counsel for the City.
(b) Within fifteen (15) days after receipt of the Commitment covering the
Preservation Property, respectively, and the Survey (the "Title Review Period "), the City
shall deliver to the School Board 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 School Board shall advise the City in writing (the "Title Response Letter ")
which Title Defects it will satisfy and /or correct by Closing, and the School Board 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 the School Board refuses to satisfy and /or correct
by Closing all of the Title Defects set forth in the Title Objection Letter it received, then
the City shall have the right, but not the obligation, to terminate this Agreement by giving
written notice of such termination to the School Board 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.
(c) If the City fails to deliver a Title Objection Letter to the School Board 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 the School Board
fails to deliver a Title Response Letter to the City prior to the expiration of the Title
Response Period, then none of the Title Defects set forth in the Title Objection Letter
received by the School Board 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 -ll Exceptions of a
Commitment and those matters shown on a Survey: (1) that the City does not object to
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in its Title Objection Letter; (2) that are objected to in its Title Objection Letter but which
the School Board refuses to satisfy and /or correct as set forth in its timely given Title
Response Letter; (3) apply only to the City (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 City); (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 Preservation 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 School Board first appearing in the public record or first known to the City
after the original effective date of such Commitment. On or before Closing, the School
Board 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) The City shall pay: (i) the cost of the Commitment; (ii) the cost of the
premium for the "Title Policy" (as hereinafter defined) for the Preservation Property; (iii)
the cost of the Survey; (iv) the cost of recording the "Deed" (as hereinafter defined); and
(v) the cost of satisfying and correcting title and survey matters in accordance with
subparagraph (d).
(f) At Closing, the School Board shall deliver the Deed, in recordable form,
conveying to the City good, marketable and insurable fee simple title to the Preservation
Property, subject only to the use restrictions and reversionary rights set forth in the
Deed and the Permitted Exceptions. The Deed from the School Board to the City shall
contain the use restrictions and reversionary rights substantially in the following form:
As a material inducement to Grantor to convey the Property to Grantee
and as part of the consideration for this conveyance, Grantor hereby imposes a
restrictive covenant on the Property that it be used only for public park purposes
and Grantee, for itself and its successors and assigns, covenants and agrees to
abide by such restrictive covenant and not to permit such land to be used for any
purpose contrary to or inconsistent with the permitted use. Grantee accepts this
conveyance subject to such restrictive covenant and acknowledges that it runs
with the title to the Property.
It is the intent of the parties that the restrictive covenant and reversionary
rights set forth herein shall not be subject to the limitations set forth in
§689.18(4), F.S. as this deed constitutes a conveyance to a governmental entity
under the provisions of §689.18(5), F.S. The foregoing restrictive covenant and
reversionary rights may only be amended, released or terminated by recording
an appropriate document amending, waiving or terminating such restrictive
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covenant and reversionary rights, executed by the Grantor or its successors in
interest.
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 park purpose for a period of twelve (12) consecutive months,
then in addition to all other rights and remedies available to Grantor at law and /or
in equity, the Grantor has the right, but not the obligation, to require Grantee,
upon delivery of written notice to Grantee, to, within thirty (30) days, convey back
the Property to Grantor free and clear of all liens, encumbrances and other
matters of title, other than those matters already encumbering the Property on
the date this deed is recorded and free and clear of all environmental conditions
in violation of any applicable environmental laws. This reverter right is created
pursuant to that certain Interlocal Agreement between The School Board of Palm
Beach County, Florida and The City of Boynton Beach For The Development and
Mutual Use of The Preservation Property dated
(g) 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 -1 Requirements of the Commitment covering the Property then being
conveyed; (ii) the Schedule B -11 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.
(h) An affidavit confirming that the School Board 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.
(i) 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.
SECTION 5: PERMITS FOR CONSTRUCTION OF IMPROVEMENTS.
The City shall be responsible for all fees and shall be responsible for obtaining the
necessary building permits required for the construction of the improvements described
in this Agreement. The City shall have primary responsibility and the School Board
shall cooperate and assist the City in obtaining all necessary permits from third -party
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regulatory agencies, including but not limited to the South Florida Water Management
District.
SECTION 6: MUTUAL USE OFPRESERVATION PROPERTY
The School Board shall have the exclusive right to use the Preservation Property during
normal school hours, inclusive of normal after - school operational hours ( "School
Hours "). The City shall have use of the Preservation Property during weekdays after
School Hours, student school holidays, weekends and all other times that the School is
closed. The City shall be responsible for the perpetual maintenance of the Preservation
Property at its sole cost and expense. All regular maintenance of the Preservation
Property by the City shall be conducted after School Hours, on student school holidays
or weekends, holidays or summer break. In the event that the City determines that
maintenance of the Preservation Property must be done during School Hours as a
result of exigent circumstances, the City shall notify the Galaxy Elementary School
Principal in advance of the nature and duration of the work and shall take reasonable
precautions to protect the safety of students, faculty and staff while the work is being
performed.
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.
SECTION 8: DISPUTE RESOLUTION.
In the event an issue arises which cannot be resolved between the Galaxy Elementary
School Principal 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 of Support Operations (or the individual in the equivalent
position in the event that the Chief of Support Operation position no longer exists) and
the City Manager who shall both make a good faith effort to resolve the dispute.
SECTION 9: NOTICE.
Unless otherwise specifically provided herein, all notices to be given hereunder shall be
in writing and sent to the 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
to
addressee without communication error, or on the third (3` 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.
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.
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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.
SECTION 22: ASSIGNMENT.
Neither this Agreement nor any interest herein may be assigned, transferred or
encumbered by either party without the prior written consent of the other party. There
shall be no partial assignments of this Agreement including, without limitation, the partial
assignment of any right to receive payments.
SECTION 23• ATTORNEY'S FEES.
Any costs or expenses (including reasonable attorney's fees) associated with the
enforcement of the terms and conditions of this Agreement shall be borne by the
respective parties; provided, however, that this clause pertains only to the parties to the
Agreement.
SECTION 24: AUTHORITY.
Each person signing this Agreement on behalf of either party individually warrants that
he or she has full legal power to execute this Agreement on behalf of the party for whom
he or she is signing, and to bind and obligate such party with respect to all provisions
contained in this Agreement.
SECTION 25: BINDING EFFECT.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective successors and assigns.
FQ
SECTION 26: COMPLIANCE WITH LAWS
Each party shall comply with all applicable federal and state laws, codes, rules and
regulations in performing its duties, responsibilities and obligations pursuant to this
Agreement.
SECTION 27: CONSTRUCTION.
The parties acknowledge that they have sought and obtained whatever competent
advice and counsel 'as was necessary for them to form a full and complete
understanding of all rights and obligations herein and that the preparation of this
Agreement has been their joint effort. The language agreed to herein expresses their
mutual intent and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than the other.
SECTION 28: COUNTERPARTS.
This Agreement may be executed in any number of counterpart copies, each of which
shall be deemed an original, but all of which together shall constitute a single
instrument.
SECTION 29: TERM OF AGREEMENT.
This Agreement shall run in perpetuity unless terminated by mutual agreement of the
parties.
SECTION 30: FORCE MAJEURE.
No party shall be obligated to perform any duty, requirement or obligation under this
Agreement if such performance is prevented by fire, hurricane, earthquake, explosion,
wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil
commotions, or by reason of any other matter or condition beyond the control of any
party, and which cannot be overcome by reasonable diligence and without unusual
expense ( "Force Majeure"). In no event shall a lack of funds on the part of any party be
deemed Force Majeure.
SECTION 31: NO AGENCY RELATIONSHIP.
Neither party is an agent or servant of the other. No person employed by either party to
this Agreement, shall in connection with the performance of this Agreement or any
services or functions contemplated hereunder, at any time, be considered the
employee of the other party, nor shall an employee claim any right in or entitlement to
any pension, worker's compensation benefit, unemployment compensation, civil
service, or other employee rights or privileges granted by operation of law or otherwise,
except through and against the party by whom they are employed.
SECTION 32. RECORDS.
E
Each party shall maintain its own respective records and documents associated with
this Agreement in accordance with the records retention requirements applicable to
public records. Each party shall be responsible for compliance with any public
documents request served upon it pursuant to Section 119.07, Florida Statutes, and any
resultant award of attorney's fees for non - compliance with that law.
SECTION 33: SURVIVAL.
Provisions contained in this Agreement that, by their sense and context, are intended to
survive the suspension or termination of this Agreement, shall so survive.
SECTION 34: WAIVER OF JURY TRIAL.
EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY, AND
INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL
BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT
OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
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�L CITY OF BOYNTON BEACH, FLORIDA,
' k ,, a Florida munici al corporation
V''''' BY: Z?4/z*
� °' ,4,‘„,,!:'„',114::7 � "' ITS: , Mayor
Attest:
REVIEWED AND APPROVED AS TO BY:
LEG ORM
0....D._ 1 r IT . City Clerk
City ttorney's O .
City Commission Approval Date: - .at - l �
Date: 3 - 2_ / - ii--
THE SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA
REVIEWED D APPROVED AS TO
•
L FO
"p
BY'
School Board Attomey Frank A A v , Jr. Esq. ' " an x . 3. 11 "
Date: 3 e. 2 1 ii Z BY a
E Wayne Gen - u•erinte de
Board Approv; r ate: 3"
10
111111111111111111111111131
CFN 20120159997
OR BK 25156 PG 0549
RECORDED 04/23/2012 17:49:34
Pais Beach County, Florida
This instrument prepared by: AMT 10.00
Blair LittleJohn, Esq Doc St 0.70
School Board of Palm Beach County, Florida Sharon R. Bock, CLERK & COMPTROLLER
3318 Forest Hill Blvd. C -302 Pgs 0549 - 552; t 4pgs
West Palm Beach, FL 33406
RETURN TO. Office of the City Clerk
City of Boynton Beach
P. 0. Box 310
PCNs Boynton Beach, Florida 3342`
( S p ace Reserved for Clerk of Court)
This SPECIAL WARRANTY DEED, is made and given this a Fi of ! ,
20 /a , 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 P.O. Box 310, Boynton
Beach, FL, 33425 -0310 (the "City ").
GRANTOR, for and in consideration of Ten and No /100 ($10.00) Dollars and other good
and valuable consideration paid by City, 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.
As a material inducement to Grantor to convey the Property to Grantee and as part of
the consideration for this conveyance, Grantor hereby imposes a restrictive covenant on the
Property that it be used only for public park purposes and Grantee, for itself and its successors
and assigns, covenants and agrees to abide by such restrictive covenant and not to permit the
Property to be used for any purpose contrary to or inconsistent with the permitted use. Grantee
accepts this conveyance subject to such restrictive covenant and acknowledges that it runs with
the title to the Property.
It is the intent of the parties that the restrictive covenant and reversionary rights set forth
herein shall not be subject to the limitations set forth in §689.18(4), F.S. as this deed constitutes
a conveya c oyern I entity under the provisions of §689.18(5), F.S. The foregoing
restrictive cove fif anti r6 cOnary rights may only be amended,Crileibed or tieiinir aced by
..i r, .) •
ii3t.� It., 4{ �� �)
G 4 i J „,,t. � U !\
recording an appropriate document amending, waiving or terminating such restrictive covenant
and reversionary rights, executed by the Grantor or its successors in interest.
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 park
purpose for a period of twelve (12) consecutive months, then in addition to all other rights and
remedies available to Grantor at law and /or in equity, the Grantor has the right, but not the
obligation, to require Grantee, upon delivery of written notice to Grantee, to, within thirty (30)
days, convey back the Property to Grantor free and clear of all liens, encumbrances and other
matters of title, other than those matters already encumbering the Property on the date this
deed is recorded and free and clear of all environmental conditions in violation of any applicable
environmental laws. This reverter right is created pursuant to that certain Interlocal Agreement
between The School Board of Palm Beach County, Florida and The City of Boynton Beach For
The Development and Mutual Use of The Preservation Property dated .
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.
IN WITNESS WHEREOF, Grantor has signed these presents the day and year first
above written.
GRANTOR:
ATTEST. SCHOOL BOARD OF PALM BEACH
/ COUNTY, FLORIDA, a corporate body politic
i � B J �� { �a .y c k _C' ' &�
By: /
E. Wayn: a ent, Sup rintendent Frank A Barbieri, Jr , Esq , Chairm
APPROV . A AS Ti FORM
AND LEGAL SUF I I IENCY
By ' —' 4.4/410" _3 1 11-
Schoo Board Attorney
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 Frank A Barbieri, Jr., Esq., and E Wayne Gent, as the Chairman and Superintendent, respectively,
of The School Board of Palm Beach County, Florida, a corporate body politic, freely and voluntarily on
behalf of said corporate body politic. They are personally known to me
WITNESS my hand and official seal in the County and State last aforesaid this 4 7day
O0,11C,:t Tat ti* of /? pr; 1 , 20 /02 •
�t11 wiiiiii „,, way i ; 'kt ti
.z • �GO aussiey •..efy N Notary Public
My Commission Expires: * ; •* "�`�'g . e cc_.td Teriteri 2Y) • = w �; _ Print Name
1.-:/•••* ADD 8 38508
0-
• thN •' O�-'
"e IS tindettee‘O
cxnIDIT
LEGAL DESCRIPTION: THIS
DESCRIPTION
A PORTION OF THE OF THE SOUTHWEST 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 PARTICULARLY DESCRIBED AS FOLLOWS: ,„ A '<
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 SECTION
21 A DISTANCE OF 992.72 FEET TO AN INTERSECTION WITH THE SOUTHERLY EXTENSION 4111 A
OF THE WEST UNE OF RIDGEWOOD MANOR, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 24, ON PAGE 175, OF THE PUBUC RECORDS OF PALM
BEACH COUNTY, FLORIDA; SAID WEST UNE ALSO BEING THE EAST UNE 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 UNE, NORTH 01'57'31 " WEST AND ALONG SAID EAST AND WEST UNE A
DISTANCE OF 1209.55 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID
EAST AND WEST UNE SOUTH 88'02'40" WEST, A DISTANCE OF 362.43 FEET TO A POINT
ON THE EASTerly UMITED ACCESS RIGHT -OF -WAY UNE OF STATE ROAD 9 (INTERSTATE LOCATION MAP
95) AS SHOWN ON THE RIGHT -OF -WAY MAP 3 -A, SECTION 93220 -2412, DATED MAY
5TH, 1970; THENCE NORTH 01'57'31" WEST ALONG SAID RIGHT -OF -WAY UNE, A NOT TO SCALE
DISTANCE OF 718.74 FEET TO AN INTERSECTION WITH THE WESTERLY EXTENSION OF
THE NORTH UNE OF SAID RIDGEWOOD MANOR, SAID NORTH UNE ALSO BEING THE
NORTH LINE OF THE SOUTH THREE- QUARTER (3/4) OF THE WEST ONE -HALF (1/2)
OF THE SOUTHWEST ONE - QUARTER (1/4) OF SAID SECTION 21; THENCE NORTH
89'53'59" EAST ALONG SAID NORTH UNE, 362.63 FEET TO TI- E NORTHWEST CORNER
OF SAID RIDGEWOOD MANOR PLAT; THENCE SOUTH 01'57'31" EAST ALONG THE WEST
UNE OF SAID PLAT ALSO BEING THE EAST UNE OF THE WEST THREE- QUARTER (3/4)
OF THE SOUTHWEST ONE- QUARTER (S.W. 1/4) OF THE SOUTHWEST ONE- QUARTER
(S.W. 1/4) OF SAID SECTION 21, A DISTANCE OF 707.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 258,366 SQUARE FEET (5.93) ACRES MORE OR LESS, SAID LANDS
SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, PALM BEACH
COUNTY, FLORIDA.
SURVEY NOTES:
1. THE LEGAL DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
2. KEITH AND ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION NUMBER IS L.B. #6860.
3. THIS SKETCH IS NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA UCENSED
SURVEYOR AND MAPPER.
4. IT IS A VIOLATION OF RULE 5J -17 OF THE FLORIDA ADMINISTRATIVE CODE TO ALTER THIS SKETCH AND
DESCRIPTION WITHOUT THE EXPRESSED PRIOR WRITTEN CONSENT OF THE SURVEYOR. ADDITIONS AND
DELETIONS MADE TO THE FACE OF THIS SKETCH AND DESCRIPTION WILL MAKE 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 UNE
OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST.
7. LANDS SHOWN HEREON WERE ABSTRACTED FOR RIGHTS OF WAY, EASEMENTS, OWNERSHIP, AND OTHER
INSTRUMENTS OF RECORD PER SOUTHEAST GUARANTY & TITLE, INC. SEARCH NO. 2904012 CERTIFIED
THROUGH APRIL 5TH, 2009 0 8:00 A.M.
CERTIFICATION:
I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS
DEPICTED TO THE BEST OF MY KNOWLEDGE AND BEUEF AND THE INFORMATION AS WRITTEN UNDER MY
DIRECTION ON JANUARY 13, 2010 MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA
BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J -17, FLORIDA ADMINISTRATIVE CODE,
PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED HEREON.
KEITH & ASSOCIATES, INC.
CONSULTING EN EERS
M HA L . MOBBED'
PROFESSIONAL SURVEYOR AND ' PER
REGISTRATION No. 5660
STATE OF FLORIDA
SKETCH & DESCRIPTION - � IT migi DAB 1/13/10 �5�1 UPDATED SYONS
CONSERVATION LAND consulting engineers SCALE N/A
30! EAST A 71ANIIC SWLEVARD
A PORTION OF THE SOUTHWEST 1/4 OM O FLORIDA 4 0_8 Rap FAX OF SECTION 21, TOWNSHIP 45 SOUTH. mol kWui- os�cbtaacam LB Nit 6860 DIWG BY S.M
RANGE 43 EAST �y�- 1 Qr 2
CRY OF BOYNTON BEACH, PALM BEACH COUNTY, FLoRIQA DRANfNG N0. 07554.01 CHK. BY M.M.M.
h
NORTHWEST CORNER OF
RIDGEWOOD MANORS
P.B. 24, PG. 175,
P.B.C.R.
WESTERLY EXTENTION OF THE NORTH M .B. 4, i „,
,,. -7 i
UNE OF RIDGEWOOD MANORS AND NI PG. 58, P.
SEC 21 -45 -43 N.W. l B.C.R. ■ Ili
NORTH UNE W 3'4, S 3'4, W 72, S.W. Y4, N.A. 8TH AVE. ��
W N89'53'59 "E / 4 '
362.63" 3 v I
s
p1 ' o
m --.
A. z /v I
:� o / m It
r�* Io , ,;..1 / /-% m °v 1
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min /o w a� I
a e.
v' / 15' � ` Z °
L
/
n% �
W S88 02'40 "W , A m ^ I - -
SCALE: 1"=300' o 362.43' � —
N P.O.B. I �j v
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N 7 il V 1 '1 W P Z tq
1n 'v pgoc 0 —
m o A g I °
rn
rn • -1 a J 1
- y - - y +
In O go
- 0 I? 4
LEGEND: `�' Z a r:- a 1 "
ACREAGE m
BLVD. BOULEVARD co l Y
F.D.O.T. FLORIDA DEPARTMENT �Zw
OF TRANSPORTATION w m N.W. 4TH AVE
LB LICENSED BUSINESS ° 3 5' R PER
O.R.B. OFFICIAL RECORDS BOOK - O.R.B .2226,
P.B. PLAT BOOK P ° m x 0 PG. 1037,
P.B.C.R. PALM BEACH COUNTY RECORDS v
PG. PAGE P.O.B. POINT OF BEGINNING vi,s° l ACREAGE
P.O.C. POINT OF COMMENCEMENT PI% s i
R/W RIGHT -OF -WAY ” 2 .-e M ,
SEC. SECTION
P .O.C. I ? z
S.R. STATE ROAD S.W. CORNER i in r^
U.E. UTILITY EASEMENT SEC 21- 45-43 -
CENTERLINE w a
+ SECTION CORNER 20 Ir 21 1
-
-- ► - -
29 28 N89'46 " E 992.72' —
(BEARING BASIS) �-
SOUTH LINE SEC 21 -45 -43
ORIGINAL CENTERLINE S.R. 804
BOYNTON BEACH BLVD.
(R/W PER F.D.O. T. SECTION
93220 -2412 SHEET 3A OF 17)
SKETCH & DESCRIPTION � DATE 1/13/10 DA 7E
UPDATED REWSIONS
CONSERVATION LAND consul tin g engineers SCALE AS SHOWN
301 EAST ATAN7IC BOULEVARD
A PORTION OF THE SOUTHWEST 1 /4, POMPANO BEACH, FLORIDA 33060 -6643 F/ELO Bk:�
(954) 788 -3400 FAX (954) 788 -3500
OF SECTION 21, TOWNSHIP 45 SOUTH, EItaL moa�Areth- ossxhtescam LB NO 6860 DWG: BY S.M.
RANGE 43 EAST SHEET 2 OF 2
CITY OF BOYNTON BEACH. PAIN BEACH COUNTY, FLORIDA DRA»fNG NO. 07554.01 CHK. BY M.M.M.
The City of Boynton Beach
City Clerk's Office
S,,, 100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
5 (561) 742 -6060
FAX: (561) 742-6090
e -mail: prainitoj @bbfl.us
www.boynton-beach.org
May 9, 2012
Palm Beach County School Board
Attention: Phyllis Gilbert
Planning & Real Estate Service Department
3300 Forest Hill Blvd
West Palm Beach, FL 33406
Re: Special Warranty Deed
Dear Ms. Gilbert:
Attached for your information is copy of the Special Warranty Deed that was recorded
with the County on April 23, 2012. I have retained the original for our Central File.
Please contact me if there are any questions. Thank you.
Very truly yours,
CITY OF BOYNTON BEACH
�. m.. Pk0Lt,
Jar et M. Prainito, MMC
ity Clerk
Attachment
tls
S. \CC \ WP \AFTER COMMISSION \Other Transmittal Letters After Commission \ 2012 \ Galaxy Speical Warranty
Deed doc
America's Gateway to the Gulfstream
INDEX OF EXHIBITS
EXHIBIT "A" LEGAL DESCRIPTION OF SCHOOL BOARD PROPERTY
EXHIBIT "B" SPECIAL WARRANTY DEED FORM FROM SCHOOL BOARD
11
Exhibit " A "
LEGAL DESCRIPTION:
A PORTION OF THE OF THE SOUTHWEST ONE- QUARTER (S.W. 1/4) OF SECTION 21,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, LYING FAST OF THE EAST RIGHT -OF -WAY LINE
OF INTERSTATE 95, SAID PORTION BEING MORE 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 LINE OF SAID SECTION
21 A DISTANCE OF 992.72 FEET TO AN INTERSECTION WITH THE SOUTHERLY EXTENSION
OF THE WEST LINE 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 ALONG SAID EAST AND WEST LINE A
DISTANCE OF 1209.55 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID
EAST AND WEST LINE SOUTH 88'02'40' WEST, A DISTANCE OF 362.43 FEET TO A POINT
ON THE EASTerly LIMITED ACCESS RIGHT -OF -WAY LINE OF STATE ROAD 9 (INTERSTATE
95) AS SHOWN ON THE RIGHT -OF -WAY MAP 3 -A, SECTION 93220 -2412, DATED MAY
5TH, 1970; THENCE NORTH 01'57'31" WEST ALONG SAID RIGHT -OF -WAY LINE, A
DISTANCE OF 718.74 FEET TO AN INTERSECTION WITH THE WESTERLY EXTENSION OF
THE NORTH LINE OF SAID RIDGEWOOD MANOR, SAID NORTH LINE ALSO BEING THE
NORTH LINE OF THE SOUTH THREE- QUARTER (3/4) OF THE WEST ONE -HALF (1/2)
OF THE SOUTHWEST ONE- QUARTER (1/4) OF SAID SECTION 21; THENCE NORTH
89'53'59" EAST ALONG SAID NORTH LINE, 362.63 FEET TO THE NORTHWEST CORNER
OF SAID RIDGEWOOD MANOR PLAT, THENCE SOUTH 01'57'31' EAST ALONG THE WEST
LINE OF SAID PLAT ALSO BEING THE EAST LINE OF THE WEST THREE - QUARTER (3/4)
OF THE SOUTHWEST ONE- QUARTER (S.W. 1/4) OF THE SOUTHWEST ONE- QUARTER
(S.W. 1/4) OF SAID SECTION 21, A DISTANCE OF 707.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 258,366 SQUARE FEET (5.93) ACRES MORE OR LESS, SAID LANDS
SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, PALM BEACH
COUNTY, FLORIDA.
SURVEY NOTES:
THIS
DESCRIPTION
8 �+
Ali i, Ji.i i.J l
LOCATION MAP
NOT TO SCALE
1. THE LEGAL DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
2. KEITH AND ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION NUMBER IS L.B. #6860.
3. THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
4. IT IS A VIOLATION OF RULE 5J -17 OF THE FLORIDA ADMINISTRATIVE CODE TO ALTER THIS SKETCH AND
DESCRIPTION WITHOUT THE EXPRESSED PRIOR WRITTEN CONSENT OF THE SURVEYOR. ADDITIONS AND
DELETIONS MADE TO THE FACE OF THIS SKETCH AND DESCRIPTION WILL MAKE 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
OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST.
7. LANDS SHOWN HEREON WERE ABSTRACTED FOR RIGHTS OF WAY, EASEMENTS, OWNERSHIP, AND OTHER
INSTRUMENTS OF RECORD PER SOUTHEAST GUARANTY & TITLE, INC. SEARCH NO. 2904012 CERTIFIED
THROUGH APRIL 5TH, 2009 O 8:00 A.M.
CERTIFICATION:
I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS
DEPICTED TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THE INFORMATION AS WRITTEN UNDER MY
DIRECTION ON JANUARY 13, 2010 MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA
BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J -17, FLORIDA ADMINISTRATIVE CODE,
PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED HEREON.
KEITH do ASSOCIATES, INC.
CONSULTING ENg4NEERS
M
4
L
PROFESSIONAL SURVEYOR AND ' PER
REGISTRATION No. 5660
STATE OF FLORIDA
SKETCH & DESCRIPTION
CONSERVATION LAND
A PORTION OF THE SOUTHWEST 1/4,
OF SECTION 21, TOWNSHIP 45 SOUTH,
RANGE 43 EAST
CRY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA
tl `1 t3
consulting engineers
.TOT EAST A 11ANAC BOULEVARD
PWPANO B£ACY,, FZOWA JJW0 -6W
(954) 788-NW FAX (054) 788- -.3500
jVA& mqMw*-vswaW*&com LS #a MW
SHEET 1 t2F 2
DRAWNG N0. 07554.01
DATE 1/13/10
SCALE N/A
RED BK. N/A
DiNVG. BY S.M•
QYA' BY M.M.M.
DATE RE14-MN5
3/5/12 UPDATED CERT.
WESTERLY EXTENTION OF THE NORTH -\
LINE OF RIDGEWOOD MANORS AND
NORTH LINE WX S34. W
SEC 21 -45 -43
NORTHWEST CORNER OF
- RIDGEWOOD MANORS
P.B. 24, PG. 175,
P.B.C.R.
I lu M, 58. P.B.C.R.
j f N89'53'59 "E /
382.83' y
q�M o J
�-
-41
"
J Q
tp � � `-'
� m {Fy cl
p 1 5 — x s
/ _ -
/ n
tO.. searo2'4 l 'w
LJ ;d SCALE: 1"=300' N 362.43 ' — A —
� P.O.B.
N � V
c o w PpDr- o — —
r�i 0 y O rn (A z!
W I
n � i
u
LEGEND: "
N C
ACREAGE
BLVD. BOULEVARD x
F.D.O.T. FLORIDA DEPARTMENT pZ
OF TRANSPORTATION mr, N.11. 4.H AVE
LB LICENSED BUSINESS A" 35' R PER
O.R.B. OFFICIAL RECORDS BOOK T-La O.R.B. 22-26.
P.B. PLAT BOOK " Q PG. 1037,
P.B.C.R. PALM BEACH COUNTY RECORDS P.B.C.R.
PG. PAGE
P.O.B. POINT OF BEGINNING ; ACWAGE
P.O.C. POINT OF COMMENCEMENT �' s f >
R/W RIGHT —OF —WAY A " !I
SEC. SECTION P.O.C. N A m
S.R. STATE ROAD S.W. CORNER �
U.E. UTILITY EASEMENT SEC 21 -45 -43
� CENTERLINE � w�
+ SECTION CORNER 20 21
_ —
29 28 N89'46'29 "E 992.72'
(BEARING BASIS) �—
SOUTH LINE SEC 21 -45 -43
ORIGINAL CENTERLINE S.R. 804
BOYNTON BEACH BLVD.
(R /W PER F.D.O.T. SECTION
93220 -2412 SHEET 3A OF 17)
SKETCH & DESCRIPTION
CONSERVATION LAND
A PORTION OF THE SOUTHWEST 1/4,
OF SECTION 21, TOWNSHIP 45 SOUTH,
RANGE 43 EAST
CITY OF BOYNTON BEACH, PALM BEACH COUNTY. FLORIDA
consulting engineers
j07 EAST A7LANAC BOULEVARD
POMPANO BEALJ°1, FLORA9A XWO -664,7
(954) 788-NM FAX (954) 788 -.7500
EVAIL mol/W&M- amoclolescom LB NO 6860
MEET 2 OF 2
DRAWING NO. 07554.01
DA 7E 1/1.3/10 DA7E REVISIONS
3/5/12 UPDATED CERT.
SCALE AS SHOWN
FIELD BK. N/A
DWNG. BY S.M.
CHK BY M.M.M.
EXHIBIT "B"
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:
(Space 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 P.O. Box 310, Boynton
Beach, FL, 33425 -0310 (the "City ").
GRANTOR, for and in consideration of Ten and No /100 ($10.00) Dollars and other good
and valuable consideration paid by City, 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.
As a material inducement to Grantor to convey the Property to Grantee and as part of
the consideration for this conveyance, Grantor hereby imposes a restrictive covenant on the
Property that it be used only for public park purposes and Grantee, for itself and its successors
and assigns, covenants and agrees to abide by such restrictive covenant and not to permit the
Property to be used for any purpose contrary to or inconsistent with the permitted use. Grantee
accepts this conveyance subject to such restrictive covenant and acknowledges that it runs with
the title to the Property.
It is the intent of the parties that the restrictive covenant and reversionary rights set forth
herein shall not be subject to the limitations set forth in §689.18(4), F.S. as this deed constitutes
a conveyance to a governmental entity under the provisions of §689.18(5), F.S. The foregoing
restrictive covenant and reversionary rights may only be amended, released or terminated by
recording an appropriate document amending, waiving or terminating such restrictive covenant
and reversionary rights, executed by the Grantor or its successors in interest.
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 park
purpose for a period of twelve (12) consecutive months, then in addition to all other rights and
remedies available to Grantor at law and /or in equity, the Grantor has the right, but not the
obligation, to require Grantee, upon delivery of written notice to Grantee, to, within thirty (30)
days, convey back the Property to Grantor free and clear of all liens, encumbrances and other
matters of title, other than those matters already encumbering the Property on the date this
deed is recorded and free and clear of all environmental conditions in violation of any applicable
environmental laws. This reverter right is created pursuant to that certain Interlocal Agreement
between The School Board of Palm Beach County, Florida and The City of Boynton Beach For
The Development and Mutual Use of The Preservation Property dated
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.
IN WITNESS WHEREOF, Grantor has signed these presents the day and year first
above written.
GRANTOR:
ATTEST. THE SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA, a corporate body politic
By: By
E Wayne Gent, Superintendent Frank A. Barbieri, Jr., Esq., Chairman
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
School Board Attorney
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 Frank A. Barbieri, Jr., Esq,, and E. Wayne Gent, as the Chairman and Superintendent, respectively,
of The School Board of Palm Beach County, Florida, a corporate body politic, freely and voluntarily on
behalf of said corporate body politic. 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
Exhibit "A"
LEGAL DESCRIPTION:
A PORTION OF THE OF THE SOUTHWEST 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 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 SECTION
21 A DISTANCE OF 992.72 FEET TO AN INTERSECTION WITH THE SOUTHERLY EXTENSION
OF THE WEST UNE 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 UNE 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 ALONG SAID EAST AND WEST UNE A
DISTANCE OF 1209.55 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID
EAST AND WEST UNE SOUTH 88'02'40" WEST, A DISTANCE OF 362.43 FEET TO A POINT
ON THE EASTerly LIMITED ACCESS RIGHT -OF -WAY UNE OF STATE ROAD 9 (INTERSTATE
95) AS SHOWN ON THE RIGHT -OF -WAY MAP 3 -A, SECTION 93220 -2412, DATED MAY
5TH, 1970; THENCE NORTH 01'57'31" WEST ALONG SAID RIGHT -OF -WAY UNE, A
DISTANCE OF 718.74 FEET TO AN INTERSECTION WITH THE WESTERLY EXTENSION OF
THE NORTH UNE OF SAID RIDGEWOOD MANOR, SAID NORTH UNE ALSO BEING THE
NORTH UNE OF THE SOUTH THREE- QUARTER (3/4) OF THE WEST ONE -HALF (1/2)
OF THE SOUTHWEST ONE- QUARTER (1/4) OF SAID SECTION 21; THENCE NORTH
89'53'59" EAST ALONG SAID NORTH UNE, 362.63 FEET TO TFIE NORTHWEST CORNER
OF SAID RIDGEWOOD MANOR PLAT; THENCE SOUTH 01'57'31* EAST ALONG THE WEST
LINE OF SAID PLAT ALSO BEING THE EAST LINE OF THE WEST THREE- QUARTER (3/4)
OF THE SOUTHWEST ONE- QUARTER (S.W. 1/4) OF THE SOUTHWEST ONE- QUARTER
(S.W. 1/4) OF SAID SECTION 21, A DISTANCE OF 707.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 258,366 SQUARE FEET (5.93) ACRES MORE OR LESS, SAID LANDS
SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, PALM BEACH
COUNTY, FLORIDA.
SURVEY NOTES:
THIS
DESCRIPTION
� Ii JII L�
LOCATION MAP
NOT TO SCALE
1. THE LEGAL DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
2. KEITH AND ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION NUMBER IS L.B. #6860.
3. THIS SKETCH IS NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA UCENSED
SURVEYOR AND MAPPER.
4. IT IS A VIOLATION OF RULE 5J -17 OF THE FLORIDA ADMINISTRATIVE CODE TO ALTER THIS SKETCH AND
DESCRIPTION WITHOUT THE EXPRESSED PRIOR WRITTEN CONSENT OF THE SURVEYOR. ADDITIONS AND
DELETIONS MADE TO THE FACE OF THIS SKETCH AND DESCRIPTION WILL MAKE 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 UNE
OF SEC11ON 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST.
7. LANDS SHOWN HEREON WERE ABSTRACTED FOR RIGHTS OF WAY, EASEMENTS, OWNERSHIP, AND OTHER
INSTRUMENTS OF RECORD PER SOUTHEAST GUARANTY do TITLE, INC. SEARCH NO. 2904012 CERTIFIED
THROUGH APRIL 5TH, 2009 O 8:00 A.M.
CERTIFICATION:
I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS
DEPICTED TO THE BEST OF MY KNOWLEDGE AND BEUEF AND THE INFORMATION AS WRITTEN UNDER MY
DIRECTION ON JANUARY 13, 2010 MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA
BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J -17, FLORIDA ADMINISTRATIVE CODE,
PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED HEREON.
KEITH do ASSOCIATES, INC.
CONSULTING ENPNEERS
M MOCw
PROFESSIONAL. SURVEYOR AND ' PER
REGISTRATION No. 5660
STATE OF FLORIDA
SKETCH & DESCRIPTION
CONSERVATION LAND
A PORTION OF THE SOUTHWEST 1/4,
OF SECTION 21, TOWNSHIP 45 SOUTH,
RANGE 43 EAST
CITY OF BOYWON BEACH. PALM BEACH COUNTY. FLORIDA
_L
consu /tTng eng/nsers
301 FIST A7LAN7TC B0W"ARD
POMPANO BEADY, RLIWA J"0680
(950) 788 -3W FAX (954) 788-MW
ETA L nw0ANeVINI- aoeoab/eecm LB NQ s6K0
_wEET 1 6F 2
DRAINNG Na 07554.01
,OA 7,E 1/13/10 DAME REW -VONS
3/5/12 UPDATED CERT.
SCALE NIL►
RED BK. N/A
DINV12 BY S.M.
CHK. BY M.M.M.
WESTERLY EXTENTION OF THE NORTH -\
LINE OF RIDGEWOOD MANORS AND
NORTH LINE W 3'4. S %, W % S.W. 4.
SEC 21 -45 -43
NORTHWEST CORNER OF
- RIDGEWOOD MANORS
P.B. 24, PG. 175,
P.B.C.R.
CliO4Y HILLS P.B. 4,
�,' P1G. SB, P.B.C.R.
ILIA N.V. 8TH AVE.— VE- Z
N8 362.6 '
362.63' .
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SCALE: 1" =300 N 362'43' – �—
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LEGEND:
ACWA6E
BLVD. BOULEVARD N Y
F.D.O.T. FLORIDA DEPARTMENT ° �m� N.R. 4 AV>�
OF TRANSPORTATION
LB LICENSED BUSINESS N�
O
J�35' R/W .R.B. OFFICIAL RECORDS BOOK tom O.R 82268
P PLAT BOOK
P.B.C.R. PALM BEACH COUNTY RECORDS A PG. P.B .C.R.
�
PG. PAGE 1 " io
P.O.B. POINT OF BEGINNING - 2 ACREAG
iD
P.O.C. POINT OF COMMENCEMENT nz'
R/W RIGHT -OF -WAY p a
SEC. SECTION P.O.C. r
S.R. STATE ROAD S.W. CORNER J w rn
U.E. UTILITY EASEMENT SEC 21 - 45 - 43 it #�
CENTERLINE u�
SECTION CORNER 20 21
29 28 N89'46'29'E 992.72'
(BEARING BASIS) �-
- SOUTH LINE SEC 21 -45 -43
ORIGINAL CENTERLINE S.R. 804
BOYNTON BEACH BLVD.
(R /W PER F.D.O.T. SECTION
93220 -2412 SHEET 3A OF 17)
SKETCH & DESCRIPTION �E- `1 -t-MT 19Ar£ 1/1-3110 DA 7F R£NSYONS
3/5/12 UPDATED CERT.
CONSERVATION LAND cornsLj/t/ng engJneers SCAL£ AS SHOWN
301 FAST A7ZANAC BOULEVARD
POMPANO BEACH, FL ORDA .3-3060 -6643 F/E 9K. N/A
(954) 7ZV 3400 FAX (954) 788 -J500
OF SECTION 21, TOWNSHIP 45 SOUTH FMA/L• 1pvff0k 0- o=vdat* com LB NO. 6850 DWNC BY S.M.
RANGE 43 EAST SHE £T 2 OF 2
CRY OF WiNTON BEACH. PALM BEACH COUMY, FLORIDA DRAWING NO. 07554.01 CHK. 8 Y M.M.M.