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R16-022 1 RESOLUTION R16 -022 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING THE MAYOR 5 TO SIGN A SUBORDINATION OF EASEMENT 6 INTEREST FOR A NEW FLORIDA DEPARTMENT 7 OF TRANSPORTATION (FDOT) DRAINAGE 8 EASEMENT THAT FOR THE CASA DEL MAR 9 PROJECT; AND PROVIDING AN EFFECTIVE 10 ' DATE. 11 12 ; WHEREAS, FDOT is processing a new drainage easement to replace an existing 13 drainage easement on the Casa Del Mar property; and 14 ' WHEREAS, the new drainage easement, consistent with the existing drainage 15 easement, will cross an existing sanitary sewer easement dedicated to the City of Boynton 16 Beach; and 17 WHEREAS, subordination of the easement interest will ensure that FDOT has 18 access to their facilities within the drainage easement, including across the sanitary sewer 19 easement. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 21' OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 23 as being true and correct and are hereby made a specific part of this Resolution upon 24 adoption hereof. 25 Section 2. The City Commission of the City of Boynton Beach, Florida does 26 . hereby approve and authorize the Mayor to sign a Subordination of Easement Interest for a 27 new Florida Department of Transportation (FDOT) drainage easement that will replace an 28 existing easement for the Casa Del Mar project, a copy of which Subordination is attached C:\ Users \pylej\AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content. IE5\ KIJE4X7E \Subordination_of_Easement_ FDOT Drainage _Easement_- _Reso.doc 29 hereto as Exhibit "A ". 30 9 Section 3. This Resolution will become effective immediately upon passage. 31 PASSED AND ADOPTED this 2nd day of February, 2016. 32 33 34 CITY OF BOYNTON BEACH, FLORIDA 35 36 ! YES NO 37 38 Mayor — Jerry Taylor 39 40 Vice Mayor — Joe Casello 41 42 Commissioner — David T. Merker r/ 43 44 ! Commissioner — Mack McCray 45 46 Commissioner — Michael M. Fitzpatrick 47 48! 49 VOTE 5 0 50 51 ATTEST: 52 53 �� Y 54' 111 � � 55 1 J • th A. Pyle, CMC y 56 Interim City Clerk ,r4 ‘ a 57 58 59 (Corporate Seal) 61 62 C: \Users \pylej\AppData \Local \Microsoft\Windows \Temporary Internet Files\ Content .IE5 \KIJE4X7E \Subordination_of Easement_ = FDOT_Drainage_Easement_ _Reso.doc This instrument prepared Parcel No. N/A under the direction of; Item /Segment No. N/A Laurice C. Mayes, Esq. _ ' Section: 93010 -2501 Legal Description prepared by: Managing District: 04 Caulfield & Wheeler, Inc. (11- 19 -15) S.R. No. 5 (U.S. 1) Document prepared by: County: Palm Beach Susanna Rowland (12- 14 -15) Department of Transportation (.3) Right of Way Production Services 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 SUBORDINATION OF EASEMENT INTEREST THIS AGREEMENT, entered into this day of 2015, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and the CITY OF BOYNTON BEACH, FLORIDA, hereinafter called Easement Holder. W I T N E S S E T H: WHEREAS, the Easement Holder presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the Easement Holder has this interest pursuant to that certain Easement Grant, dated 12/14/62, and recorded in Official Records Book 854, Page 647, in the Public Records of Palm Beach, County, Florida; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Easement Holder to the FDOT; and WHEREAS, if these lands are not used for highway purposes, FDOT will release easement holder from this subordination. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Easement Holder and FDOT agree as follows: Easement Holder hereby subordinates to the interest of FDOT, its successors, or assigns, any and all of its interest in the lands as follows, viz: See attached sketch and legal description prepared by Caulfield & Wheeler, Inc. It is understood that if these lands are not used for highway purposes, FDOT will release easement holder from this subordination. Page 1 of 3 IN WITNESS WHEREOF, the Easement Holder has caused these presents to be executed the day and year first above written. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Print Name: Its Print Name: Its Signed, sealed and delivered in the presence of: (Two witnesses or corporate seal required by Florida Law) (Corporate Seal) Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 201 , by of the CITY OF BOYNTON BEACH, FLORIDA, who is personally known to me or who has produced as identification. Print Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: Page 2 of 3 IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT in the presence of witnesses: OF TRANSPORTATION By: Name: GERRY O'REILLY Print Name: Title: District Secretary for District IV Print Name: Attorney approved as to form: Name: STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this day of , 201 , by GERRY O'REILLY, District Secretary for District IV, who is personally known to me or who has produced as identification. Print Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: Page 3 of 3 EXHIBIT A DESCRIPTION: A PORTION OF LOT 1, HULLS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, PLAT BOOK 2, PAGE 17, ALSO BEING A PORTION OF LAKE DRIVE AND LOT 25 OF LAKESIDE GARDENS, PLAT BOOK 8, PAGE 57, ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1, HULLS SUBDIVISION, SAID POINT ALSO BEING THE NORTH WEST CORNER OF SAID LAKESIDE GARDENS; THENCE, ALONG THE WEST LINE OF SAID LOT 1, SAID LINE ALSO BEING THE EAST RIGHT -OF -WAY LINE OF U.S. HIGHWAY NO. 1 (STATE ROAD 5), NORTH 07'49'35" EAST, A DISTANCE OF 20.16 FEET; THENCE, DEPARTING SAID WEST LOT LINE AND EAST RIGHT -OF -WAY LINE, SOUTH 89'18'39" EAST, A DISTANCE OF 13.53 FEET; THENCE NORTH 60'20'06" EAST, A DISTANCE OF 35.24 FEET; THENCE SOUTH 8318'50" EAST, A DISTANCE OF 131.82 FEET; THENCE SOUTH 8916'57" EAST, A DISTANCE OF 350.16 FEET; THENCE SOUTH 79'27'50" EAST, A DISTANCE OF 41.06 FEET; THENCE SOUTH 88'54'49" EAST, A DISTANCE OF 4.74 FEET; THENCE NORTH 80'09'18" EAST, A DISTANCE OF 30.25 FEET; THENCE SOUTH 8917'30" EAST, A DISTANCE OF 140.17 FEET TO A POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF LAKE WORTH AS LOCATED BY "GCY INCORPORATED" ON 06 -05 -2011; THENCE, SAID MEAN HIGH WATER LINE THE FOLLOWING TWO (2) COURSES, SOUTH 27'43'05" WEST, A DISTANCE OF 8.90 FEET; THENCE SOUTH 0010'20" WEST, A DISTANCE OF 12.07 FEET; THENCE, DEPARTING SAID MEAN HIGH WATER LINE, NORTH 8917'30" WEST, A DISTANCE OF 134.39 FEET; THENCE SOUTH 80'09'18" WEST, A DISTANCE OF 30.32 FEET; THENCE NORTH 88'54'49" WEST, A DISTANCE OF 8.31 FEET; THENCE NORTH 79'27'50" WEST, A DISTANCE OF 41.00 FEET; THENCE NORTH 8916'57" WEST, A DISTANCE OF 349.49 FEET; THENCE NORTH 83'18'50" WEST, A DISTANCE OF 126.29 FEET; THENCE SOUTH 60'20'06" WEST, A DISTANCE OF 34.10 FEET; THENCE NORTH 89'18'39" WEST, A DISTANCE OF 21.46 FEET TO THE POINT OF BEGINNING. CONTAINING 0.3427 ACRES OR 14,929 SQUARE FEET, MORE OR LESS. NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS SHOWN HEREON ARE ASSUMED TO BEAR NORTH 89'17'29" WEST ALONG THE SOUTH LINE OF LOT 1, HULL'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 17, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 4. THE "LAND DESCRIPTION" WAS PREPARED BY THE SURVEYOR 5. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON AUGUST 11, 2015. 1 FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 5J -17 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027. SHEET 1 OF 5 CAULFIELD & WHEELER, INC. �- DATE 08/11/15 CIVIL ENGINEERING - LAND SURVEYING 7900 GLADES ROAD - SUITE 100 - r • DRAWN BY DLS BOCA RATON, FLORIDA 33434 PHONE (561)- 392 -1991 / FAX (561) -750 -1452 DAVID P. LINDLEY F.B./ PG. N/A , REGISTERED LAND CASA DEL MAR SURVEYOR N0. 5005 SCALE AS SHOWN DRAINAGE EASEMENT STATE OF FLORIDA SKETCH OF DESCRIPTION L.B. 3591 JOB NO.6725 -NWDE EXHIBIT A i 1 LOT 1 Z HULLS SUBDIVISION >- 0 PLAT BOOK 2, PAGE 17 2' 0 .- - 58 » E .16 � ti 6 ` / - 131.82 1 . 589'18'39 "E j / � w 13.53] 20' DE ,n w 3 » n � N8 co - /_ '1$ 50 W v) o / 0 6 , 15 DE — 'T2629 P . 7417700N^ CV S - ,s14. 0 (ORB 650, PG 691)-\ z 0 / 6 _ S.WNE LOT 1Z 89'1 8'39 „W NUL' Q a�,00� S LINE LOT 1 4�.00� P B 21.4 0 0 0 CD ° � (BEARING BASE) O2 LA (PB 1 8E PG D 7) ENS 1 1 1 l 0 1 I , 1 / n 1 LEGEND: DE - DRAINAGE EASEMENT ORB - OFFICIAL RECORD BOOK PBCUE - PALM BEACH COUNTY UTILITY EASEMENT 30 15 0 15 30 PB - PLAT BOOK 1 PGS - PAGE(S) 1 FOB - POINT OF BEGINNING \ O RTH POC - POINT OF COMMENCEMENT G RAPHIC SCALE UE - UTILITY EASEMENT (IN FEET) SHEET 2 OF 5 CAULFIELD & WHEELER, INC. DATE 08/11/15 i CIVI L GINEE LAND SUR VEYING 7900 EN GLADES RING ROAD - -SUITE 100 DRAWN BY DLS BOCA RATON, FLORIDA 33434 PHONE (561)- 392 -1991 / FAX (561) -750 -1452 F.B./ PG. N/A CASA DEL MAR SCALE AS SHOWN DRAINAGE EASEMENT JOB NO.6725 - NWDE SKETCH OF DESCRIPTION EXHIBIT A LOT 1 HULLS SUBDIVISION PLAT BOOK 2, PAGE 17 SLINELOT1 (BEARING BASE) 1 in 0 Cs4 I S8378'50 "E I o w I'' `3 $2, S8916'57"E 350.16' N W ` 20 DE W N8378' S0"iy 15' DE n 126 2 N LORE 650, PG 691) 1 z 1 89'16`57 "W 349.49' 1 N L �I ® 1D 11 12 © 14 15 CD' 17 I L o os 2 0 LAKESIDE GARDENS 2 (PB 8, PG 57) I I I I 1 1 LEGEND: DE - DRAINAGE EASEMENT ORB - OFFICIAL RECORD BOOK PBCUE - PALM BEACH COUNTY UTILITY EASEMENT 30 15 0 15 30 PB PLAT BOOK PGS - PAGE(S) POB POINT OF BEGINNING FORTH POC - POINT OF COMMENCEMENT GRAPHIC SCALE UE - UTILITY EASEMENT (IN FEET) SHEET 3 OF 5, CAULFIELD & WHEELER, INC. DATE 08/11/15 CVIL ENGINEERING - LAND SURVEYNG /1 11 7900 GLADES ROAD - SUITE 100 DRAWN BY DLS BOCA RATON, FLORIDA 33434 PHONE (561)- 392 -1991 / FAX (561)- 750 -1452 F.B./ PG. N/A CASA DEL MAR SCALE AS SHOWN DRAINAGE EASEMENT SKETCH OF DESCRIP110N JOB N0.6725 - NWDE EXHIBIT A 1 I LOT 1 HULLS SUBDIVISION , I I PLAT BOOK 2, PAGE 17 f (0I ca I a' o 1 c' lt. w S89'16'57 "E 350.16 S7 9 2 S I o 2 0 D E— I L' (1 \-- W S LINE LOT I� W N (BEARING BASE) 15' DE W � � " ORB 650, ____ 1 7'I � N89'1 6 1 57 1. 57 W 3 .691) 49' I i ni LAKESIDE GARDENS - 1 N U 1 18 1 g (PB 8, PG 57) Z < 24 J Li 3 I 23 Y 1 I •( J p 22 LEGEND: DE - DRAINAGE EASEMENT ORB - OFFICIAL RECORD BOOK PBCUE - PALM BEACH COUNTY UTILITY EASEMENT 30 15 0 15 30 PB PLAT BOOK PGS - PAGE(S) POB POINT OF BEGINNING N 0 RT - POC - POINT OF COMMENCEMENT GRAPHIC SCALE UE - UTILITY EASEMENT (IN FEET) SHEET 4 OF 5 CAULFIELD & WHEELER, INC. DATE 08/11/15 CIVIL ENGINEERING -LAND SURVEYING 1 1/ 7900 GLADES ROAD - SUITE 100 DRAWN BY DLS BOCA RATON, FLORIDA 33434 PHONE (561)- 392 -1991 / FAX (561) -750 -1452 F.B./ PG. N/A CASA DEL MAR SCALE AS SHOWN SKETCH DESCRIPTION JOB N0.6725 - NWDE EXHIBIT A LOT 1 MEAN HIGH WATER LINE HULLS SUBDIVISION ELEV= 1.88 NGVD 1929 PLAT BOOK 2, PAGE 17 LOCATED BY "GCY INCORPORATED." PLA B — DATED: 6 05 -11 JOB NUMBER: 11- 1030 -01 -01 4 - 1 588'54'49 "E 5' DE 0' 4,74' (ORB 234, PG 4551 W ATER BODY KNOWN nt- ?gswoCiErE (ORB 618, PAGE 6 AS LAKE WORTH 38917'30"E 140.17' w 30 r ....,__327'43 v 10' DE 20 DE 8.90 w �RB 650, PG 691} —` 15° 0010'20"W V E T 12.07' w l'' N89 "W 134.39 L 1 580.0$'18 "W ° Lei = 30 5 DE 4 PG 456 a N88'�54'49 "W 25 (ORB 234, 456) m LI 8.31 LAKESIDE GARDENS i Q (PB 8, PG 57) 1 26 Y WATER BODY KNOWN I Q AS LAKE WORTH 0 LEGEND: DE — DRAINAGE EASEMENT ORB — OFFICIAL RECORD BOOK 30 15 0 15 30 PBCUE — PALM BEACH COUNTY UTILITY EASEMENT PB — PLAT BOOK PGS — PAGE(S) \, O RTH GRAPHIC SCALE POB -- POO INT NT OF BEGINNING POC — POINT OF COMMENCEMENT (IN FEET) UE — UTILITY EASEMENT SHEET 5 OF 5 I . CAULFIELD & WHEEL INC. DATE 08/11/15 CIVIL ENGINEERING — LAND SURVEYING 1 1/ 7900 GLADES ROAD —SUITE 100 DRAWN BY DLS BOCA RATON, FLORIDA 33434 PHONE (561) 392 -1991 / FAX (561)- 750 -1452 F.B./ PG. N/A CASA DEL MAR SCALE AS SHOWN DRAINAGE EASEMENT JOB N0.6725 - NWDE SKETCH OF DESCRIPTION •