90-RRRRRRESOLUTION NO. 90-~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK TO EXECUTE A CERTAIN CITY DEED AND RESTORATION
AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION AND THE CITY OF BOYNTON BEACH FOR PROPERTY
LOCATED ON S.R. 804, A COPY OF SAID DEED AND AGREEMENT
BEING ATTACHED HEF~ETO AS EXHIBIT "A" CITY DEED AND EXHIBIT
"B" RESTORATION AGREEM/ENT; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES
WHEREAS, it is proposed by the state of Florida through the
Department of Transportation, to locate, construct and maintain or improve a
portion of S.R. 804, in Palm Beach County, Florida, and,
WHEREAS, a portion of the lands involved and necessary to said
pro~ect are owned by the City of Boynton Beach, and,
WHEREAS, on behalf of the State of Florida, a request has been made
for a conveyance of a portion of said lands of this City, and,
WHEREAS, the State of Florida has offered $13,000.00 for the land
and $4,000,00 for reimbursement for appraisal expenses incurred by the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, THAT:
Section 1: The Mayor and City Clerk are hereby authorized and
directed to execute the City Deed attached as Exhibit "A", a copy of which is
attached hereto.
Section 2: The Mayor and City Clerk are hereby authorized and
directed to execute the Restoration Agreement attached as Exhibit "B", a copy
of which is attached hereto.
Section 3: This resolution shall take effect immediately upon
passage.
PASSED AND ADOPTED THIS ~ day
CITY
, 1990.
EXHIBIT
This instrument prepared and
legal description approved
Date: 6-8-90 By: S. Rowland
City: Fort Lauderdale. Flerida
State of Florida
Departmenz of Transportation
PARCEL NO. 106.t
SECTION 97931-2347
STATE RD. 804
COUNTY PALM BEACH
CiTY DEED
THiS iNDENTURE ,lade this __~_ day of /z/~/~/~7- , A.D. 19 ~,
between the City of BOYNTON BEACH, Florida. a municipal corporation
organized and existing under the laws of the State of Florida. as party of
the first parz. and the STATE OF FLORIDA DEPARTMENT OF TktNSPORTATION. as
parzy of the second part.
WiTXESSETH. that the party of the first part for and in consideration
of the sum of ONE DOLLAR and other valuable considerations paid. ~eceipt of
which is hereby acknowledged, does hereby remise release, quit claim and
convey unno the parry of the second par~. its successors and assigns forever
the following described !and. situate, lying and being in the County of
PALM BEACH State of Florida. to-wit:
PARCEL NO. 106
SECTION 97931-2347
That certain parcel of land lying in the Southwest !/4 of the Southwesn I/4
of the Southeast t/4 of Section 28. Township 45 South. Range 42 Easn In
Palm Beach County, Florida. being more particularly described as follows:
Commence az the found Palm Beach County Brass disk in concrete at the
Southwest corner of said Section 23: then£e run N 00°09'23' E along the
West line of said Section 23 a distance of 14.3! feet ~o a poinz on the
Baseline of Survey for State Road 804 (Boynnon Beach Blvd. and said point
on a curve concave Northerly, having a radius of 11.459.20 feet and a chord
bearing of S 89°52'27'' E: thence Easterly along said curve, aa arc distance
of 173.05 feet through a central angle of 00°51'55": thence N 89°41'36" E
continuing along said Baseline of Survey a distance of 3136.74 feet: thence
N 00°18'24" W a distance of 47.6] feet to a point on the East line of the
East 1/2 of 2he Southwest 1/4 of the Southwest 1/4. of the Southeas~ 1/4 of
said Section 23 and said point on the North Existing Right of Way line for
said State Road 804 ana the POINT OF BEGINNING: thence N 00°24'31" E along
the East line of said East 1/2 a distance of 12.56 feet to a point on a
curve concave Northeasterly, having a radius of 13.204.56 feet and a chord
bearing of N 89~05'0i" W; thence Westerly along said curve an arc distance
of 431.60 feet through a central angle of 01°52'22": thence N 88°08'50" W a
distance of 193.t3 feet to a point on the East line of an 80 foot wide
Right of Way for Lake Worth Drainage District Equalizing Canal No.
thence S 00~26'54' w along said East line a distance of 27.28 feet to a
point on said North Existing Right of Way line: thence N 89°51'20" E along
said North Existing Right of Way line a distance of 624.68 feet no the
POINT OF BEGINNING.
Containing 11.253 square feet. more or less.
TO HAVE AND TO HOLD THE SAME together with all and singular the
appur%enances thereto belonging, or in anywise incident or appertaining, and
all the esnate, right, title, interest and claim whatsoever of the parry of
the first parz in law or in equity, to the only proper use. benefit and
behalf of the said party of the second parz. its successors and assigns
forever.
iN WITNESS WHEREOF. the parny of the first part has caused these
presents no be duly executed in its name by its Mayo~ and its seal lc be
hereto affixed attested by its City Clerk, the da~rst above written.
Signed. sealed and delivered
~ffiRthe pres_anc~ of:
× Its ~ayor ·
~s City Clerk
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before me personally appeared GENE MOORE
and SUZAi~NE M. KRUSE co me well known, and known no me to oe
the Mayor and City Clerk respectively of the City of BOYNTON BEACH
the municipal corporation named in the foregoing instrument, and known to be
the persons WhO as such City Officials executed the same: and then a_nd there
the said MAYOR and nhe said CITY CLERK did acknowledge
before me that said instrumen~ is the free act and deed of said City by them
respectively execuned as such officers for the purpose therein expressed:
tha~ the Seal thereunto attached is one City Seal by them in like capacity
~ffixea: all under authority in them duly vested.
Witness my hand and official Sea] this
31st day
of AUGUST A~D. !9 90
NotaF43 ~u~blic in and for the Countv
and State aforesaid.
[NOTARIAL 5~AL]
My commission expires:
EXHIBIT "B"
This ins~rumen~ prepared and
legal description approved
Date: 8-29--90 By: S. Rowland
City: Fort 6auderdale. Florida
PARCEL NO. RA-6R
SECTION 97931-2347
STATE RD~ 804
COUNTY PALM BEACH
Form (44)
CITY RESTORATION AGREEMENT
THIS INDENTURE made this __~_ day of
A.D. 19_~ between CITY OF BOYNTON BEACH. a corporation organized and
existing under the laws of the State of
having its principal place of business in the City of ~~/
County of /6~z~,~4~,- State of Florida, as parties of the first
part. and the STATE OF FLORIDA. Department of Transportation, as party of
the second part.
WITNESSETH. That the said parties of the first part. for and in
consideration of the sum of One Dollar and other valuable considerations.
paid receipt of which is hereby acknowledged, do hereby grant unto the
party of the second part, permission, to be exercised during the period of
construction. To enter upon the following described lands:
PARCEL NO. RA-6
SECTION 97931-2347
That portion of land lying in the Southwest 1/4 of the Southwest 1/4 of the
Southeast 1/4 of Section 23. Township 45 South. Range 42 East of Palm Beach
County, Florida; said portion extending no more th~n 70 feet Northerly of
and parallel to the North Right of Way line of State Road 804 (Boynton
Beach Blvd.) lying between Baseline Stations 253719.81 and 255+50.00 and
extending no more than 15 feet Northerly of and parallel to said Right of
Way line between Baseline Stations 255+50.00 and 256+71.03 and extending no
more than 45 feet Northerly of and parallel to said Right of Way line
between Baseline Stations 256+71.0S and 257+41.03 and extending no more
than 10 feet Northerly of and parallel to said Right of Way line between
Baseline Stations 257+41.03 and 259+34.75 as located in Parcel 106.
according to that Florida Department of Transportation Right of Way map
numbered 97931-2347.
FOR THE PURPOSE OF RESTORATION by connecting the new construction with
the conditions existing at the time of construction. The restoration
shall be done in such a manner that existing structural improvements will
not be damaged.
IN WITNESS WHEREOF. the party of the first part has caused these
presents to be duly executed in its name by its Mayor, ~dd its seal to be
hereto affixed, attested by its City Clerk, the date fj/fst above written.
Signed sealed and delivered
~i~th_~e p, re~ of:
STATE OF FLORIDA
COUNTY OF BROWARD
Before me personally appeared GENE MOORE
and SUZANNE M. KRUSE to me well known, and known to be
the Mayor and City Clerk respectively of the City of BOYNTON BEACH
the municipal corporation named in the foregoing instrument and known to be
the persons who as such City Officials executed the same: and then and
there the said MAYOR and the said CITY CLERK
did acknowledge before me that said instrument is the free act and deed of
said City by them respectively executed as such officers for the purpose
therein expressed that the Seat thereunto attached is the City Seal by them
in like capacity affixed: all under authority in them dilly vested.
WITNESS my hand and official
AUGUST A.D.. 19 90
Seal this 31st _day of
and Sta~e aforesaid.
{,NOTARIAL SEAL)
My commission expires: