R93-94RESOLUTION NO. R93-~
A RESOLUTION OF THE CiTY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A SWALE F~INTENANCE
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND NEWPORT PLACE ASSOCIATES LTD.,
AND AUTHORIZING ACCEPTanCE OF A ROADWAY
RIGHT-OF-WAY DEED FROM NEWPORT PLACE
ASSOCIATES LTD.; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida, upon recommendation of staff, has deemed it to
be in the best interests of the citizens and residents of the
City of Boynton Beach, Florida to execute a Swale Maintenance
Agreement between the City ~f Boynton Beach and Newport Place
Associates Ltd., and to a6cept a roadway right-of-way deed for
the proposed 60' wide publi~ right-of-way, situat~ within Lots
#7 and #8 of High Ridge Subdivision, adjacent to the Stanford
Park Project (commonly known as Newport Place) and N.W. 7th
Court, a public r~ght-of~way w~th~n and adjacent to the
Stanford Park P.U.D.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section I. The M~yor and City Clerk are hereby
autho~o-~xecute a Swale Maintenance Agreement between
the Clty of Boynton Beach and Newport Place Associates Ltd.,
and authorizes acceptance 6f a roadway right-of-Way deed for
the proposed 60~ wide publi~ right-of-way, situate within Lots
#7 and ~8 of High Ridge Subdivision, adjacent to ~he Stanford
Park Project (commonly knoUn as Newport Place) and N.W. 7th
Court, a public right-of-way within and adjacent to the
Stanford Park P.U.D.
S~ction 2. That this Resolution s~all
effective immediately upon passage.
PASSED AND ADOPTED this ~ day of July, 1993.
become
CITY OF BEACH, FLORIDA
ATTEST~
Citt~ Clerk
(Corporate Seal)
Authsig.doc
Eng. Agr (Newport Place)
k93 9iz
i_.
SWALE MAINTENANCE
- AGREEMENT
THIS Agreement, made this �sl day of ) , 1993 by
and between NEWPORT PLACE ASSOCIATES LTD., a Florida limited
partnership, hereinafter called Newport, whose post office address
is Pinecrest Place, 1150 8th Avenue S.W., Largo, Florida 34640, and
CITY OF BOYNTON BEACH, a municipal corporation, of the State of
Florida, whose post office address is 100 E. Boynton Beach
Boulevard, P.O. Box 310, Boyton Beach, Florida 33425 -0310,
hereinafter called the City:
For and in consideration of the sum of ONE ($1.00) DOLLAR and
other good and valuable considerations paid by the City to Newport,
the receipt of which is hereby acknowledged, the parties hereto
agree as follows:
1. Newport at its expense hereby agrees, to maintain the
landscaping, including the irrigation thereof, lying within the
swale area contiguous to the paved portion of the roadway, in
accordance with the provisions of the City of Boynton Beach
Ordinance Chapter 7.5 -35 Subpart (a) installation and (b)
maintenance, which roadway lies within the following described
property in Palm Beach County, Florida:
Parcel 1
A portion of Lots 7 and 8, as shown on the Plat of High c -.
Ridge subdivision, as recorded in Plat Book 22, Page 6,
Public Records of Palm Beach County, Florida and a G
portion of Tract 5 as shown on the Plat of Stanford Park w N u
a P.U.D., as recorded in Plat Book 46, Pages 67 and 68, z c
CQ
Public Records of Palm Beach County, Florida, said
portion being more particularly described as follows:
ca
Commencing at Southwest corner of said Lot 8; Thence Clr, °
North 06 °26'00" East along the West line of said Lot 8,
a distance of 71.63 feet to the point of beginning of the
parcel to be herein described; Thence North 90 °00'00"
West, a distance of 7.85 feet; Thence South 48 °13'00"
West, a distance of 33.32 feet; Thence North 06 °26'00"
East, a distance of 110.70 feet; Thence South 41 °47'00"
East, a distance of 37.28 feet; Thence South 90 °00'00"
East, a distance of 323.23 feet; Thence North 46 °37'15"
East, a distance of 34.34 feet; Thence South 03 °14'30"
West, a distance of 110.18 feet; Thence North 43 °22'45"
West, a distance of 36.34 feet; Thence North 90 °00'00"
West, a distance of 321.56 feet to the point of beginning
afore described.
Parcel 2
That part of Northwest 7th Court which is contiguous to the
lands included within the Plat of Stanford Park P.U.D. as
recorded in Plat Book 46, Pages 67 and 68, Public Records of
Palm Beach County, Florida
2. The City hereby grants to Newport a license and permission
to have its employees or agents enter upon the above described
property to perform the services described herein.
3. This agreement shall be binding upon the successors in
title and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto hereby execute this
document the day and year first above written.
Signed, sealed and delivered
in our presence:
NEWPORT PLACE ASSOCIATES, LTD.
a Florida Limited Partnership,
J
J/z , A / /' : By NEWPORT PLACE, INC., a
r Mle! Florida Corporation, its
(pri t name) General Partner
By: , l
RONALD L. AYLOR, Pre dent
(print name)
(Corporate Seal)
-2-
CITY OF BOYNTON BEACH, FLORIDA
` : � ' s
(pri t name) / r
By: a•P
--� Edward F 'ening, Mayor
2' , �'e
T�NSdc ZF
(print name)
qpl •VED AS «4 FO' :
CITY ATTO' Y
STATE OF FLORIDA.
COUNTY OF PALM BEACH.
The fo ego'ng instrument was acknowledged before me this
day of / , 1993, by RONALD L. AYLOR, as President of
Newport P1 4e, c., a Florida corporation, the general partner of
Newport Place Associates, Ltd. on behalf of said corporation and
partnership, who is personally known to me (or who has produced a
driver's license issued by the Florida Department of Motor Vehicles
as identification) and who did not take an oath.
-c:e7r1A✓ 7hal&✓
Not. Public (print name)
My omsion ,_' -
': WILMA MILLER
4 ;NOTARY PUBLIC - FLORIDA
MY COMMISSION ESP:
c .: FEBRUARY 21,1995
BAN ^FD rHRU GEN. I NS. O�NO.
„:„:°.;::„,
STATE OF FLORIDA.
COUNTY OF PALM BEACH.
The fog ing instrument was acknowledged before me this
day of , 1993 by 249N4/4
who is personally known to me (or who has produced a driver's
license issued by the Florida Department of Motor Vehicles as
identification) and who did not take an oath.
/24,44
?nom
Notary Public (print name)
My Commission expires:
°-. O. ICIAL SEAL
>r„ " ': WILMA MILLER
:NOTARY PUBLIC - FLORIDA
+ :
MY COMMISSION EYP:
�A FEBRUARY 21,1995
Prepared by and return to:
LEO L. BENTZ, Esq. Suite 400
RUTHERFORD, MINERLEY & MULHALL,
2101 Corporate Boulevard, N.W.,
Boca Raton, Florida 33431
Poao
RIGHT OF WAY DEED
THIS Indenture, made
and between NEWPORT
partnership,
address is Pinecrest
34640, and CITY OF BOYNTON
State of Florida,
P.O. Box 310, Boynton Beach,
called the grantee:
of June , 1993 by
· a Florida limited
, whose post office
Avenue S.W., Largo, Florida
of the
address is
WITNESSETH: That said
the sum of ONE DOLLAR, and
to said
is hereby
roadway purposes .y,
indirectly associated therewith,
described property, situate
Florida:
EXHIBIT
portion of Tract 5 as shown on
a P.U.D., as recorded in Plat
Public Records of Pal~
! Park
Pages 67 and 68,
~i~r saia
of
which
for
or
West, a ~
East,
West, a c
West, a ( of
West, a of 321.5~
afore descr
Thence
8,
the
OO00,00,,
.3'00"
!6'00"
· 15"
14'30"
STATE OF FLORIDA.
COUNTY OF PALM BEACH.
The foregoing instrument was acknowledged before me this
day o
as identification) and who did not take an
~f
and
a
Vehicles
-3-
~',4~. ~- '~'ERO'TE~ ~'INT ,~ ~,o~MEi'qC~M~.~9T
Z
CERTIFY THAT THE SKETCH SHONN HEREON IS A TRUE AND
- ACCURATE REPRESENTATION OF THE ACCONPAHYING DESCRIPTIOR ARD
CONPLIES WITH THE MININUN TECHNICAL STANDARDS AS SET FO~TH BY THE
~LORIDA BOARD OF LAND SURVEYORS,,,~URSUANT TO SEC,PrO-teC72.027
PROFES~'ONAL LARD SURVEYOI~
FLORI~ CERTIFICATE ~0, ~9
NOTE: TH~S INSTRUNEHT IS NOT VA~ID UNLESS SEALED HITH AN EHBOSSED
SURVEYOR S SEAL,
Newport Place Associates,
Pinecrest Rlace
1150 8th Avenue S.W.
Largo, Florida 34640
Ltd.
City of Boynton Beach, Florida
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Attn: lncen~ A. Fln~zko
Re: ~S~anfo~d Park P.U.DJ, Access to Highridge Road
Dear Mr. Finizio:
Pursuant to your request I wish to advise you that Newport
Place Ass( will remove by hand the exotic vegetation
lyi as shown on the Plat of Highridge
in'Plat Book 22, Page 6, Public Records of
Palm Bea
NEWPORT PLACE ASSOCIATES, LTD.
a Florida Limited Partnership,
By NEWPORT PLACEi INC~, a
Florida Corporation, lts
General Partner
RONALD L. AYLOR, ~resident