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R22-179 RESOLUTION NO. R22-179 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE 5 SUBORDINATION OF UTILITY EASEMENT INTERESTS FOR 6 PARCEL 107.4, FOR THE FLORIDA DEPARTMENT OF 7 TRANSPORTATION (FDOT) I-95 AND BOYNTON BEACH 8 BOULEVARD INTERCHANGE IMPROVEMENTS PROJECT; AND 9 PROVIDING AN EFFECTIVE DATE. I0 11 WHEREAS, the State of Florida Department of Transportation proposes to construct 12 or improve State Road No. 804 (Boynton Beach Blvd.), Item/Segment No. 4358041, Section 13 93200-2550, in Palm Beach County, Florida; and 14 WHEREAS, it is necessary that certain easement rights now owned by the City of 15 Boynton Beach, Florida, be subordinated to the rights of the State of Florida Department of 16 Transportation; and 17 WHEREAS, said subordination is in the best interest of the City; and 18 WHEREAS, the State of Florida Department of Transportation has made application 19 to said City to execute and deliver to the State of Florida Department of Transportation a 20 subordination of utility interest, or interests, in favor of the State of Florida Department of 21 Transportation and said request having been duly considered. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 23 BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 25 ratified and confirmed by the City Commission 26 Section 2. That the City Commission of the City of Boynton Beach does hereby 27 determines that the application of the State of Florida Department of Transportation for a 28 subordination of utility interest, or interests, is for transportation purposes which are in the 29 public or community interest and for public welfare; that a subordination of utility interest, or S:\CA\RESO\FDOT Utility Easement Subordination Parcel 107.4-Reso.Docx 30 interests, in favor of the State of Florida Department of Transportation, in the City of Boynton 31 Beach, Florida, Florida, should be drawn and executed by this Board of City Commissioners. 32 Section 3. A certified copy of this Resolution be forwarded forthwith to the State 33 of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, 34 Florida 3300 35 Section 4. That this Resolution will become effective immediately upon passage. 36 PASSED AND ADOPTED this 6th day of December, 2022. 37 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO 41 42 Mayor—Ty Penserga 43 44 Vice Mayor—Angela Cruz 45 46 Commissioner—Woodrow L. Hay 47 48 Commissioner—Thomas Turkin 49 50 Commissioner—Aimee Kelley 51 52 VOTE 53 54 AT 55 56 MI • 57 Maylee De -.us, MPA, M C Ty P- Berg, 58 City Clerk Mayor 59 N TOrye 60 llt APP:� AS FO • � � ORgF . 61 (Corporate Seal) 0 •o° 7 •.�' � 62 ; ~: SV 63 ,� v: 1NCORPORA� EO; S Michael D. Cirullo, Jr. 64 141 ••.0192 :• S City Attorney FLOO) 2 S:\CA\RESO\FDOT Utility Easement Subordination Parcel 107.4-Reso.Docx CFN 20230026132 OR BK 34087 PG 319 RECORDED 1/25/2023 8:00 AM Palm Beach County,Florida Joseph Abruzzo,Clerk Pgs:319-325;(7pgs) 23-UTL.04-07/18 This instrument prepared under the direction of: Elizabeth S. Quintana. Esq. District Four Assistant General Counsel Legal Description prepared by: Luis A. Gaztambide, P.S.M. (1-20-21) Parcel No. 100.4 Document prepared by: Item/Segment No. 4358041 Grace K.Abel(4-8_21) Section: 93200-2550 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.K.No. 804(Boynton Beach Blvd.) 3400 W.Commercial Boulevard County: Palm Beach Fort Lauderdale,Florida 33309 SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT entered into this 23") day of Q�k ,�. , 20 2.3,by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,hereinafter called the FDOT,and the CITY OF BOYNTON BEACII,a Florida municipal corporation,hereinafter called the CITY. WITNESSETH: WHEREAS, the CITY presently has an interest in certain lands that have been determined necessary for highway purposes;and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the CITY to the FDOT; and WHEREAS, the FDOT is willing to pay to have the CITY'S facilities relocated if necessary, to prevent conflict between the facilities so that the benefits of each may be retained. NOW,THEREFORE,in consideration of the mutual covenants and promises of the parties hereto, CITY and FDOT agree as follows: CITY subordinates to the interest of FDOT its successors and assigns, any and all of its interest in the lands as follows,viz: Parcel No. 100 Item/Segment No.4358041 A portion of land lying in the Southeast One-Quarter(SE 1/4) of Section 20, Township 45 South,Range 43 East, Palm Beach County, Florida, as shown on Sheets 3 and 7 of the Florida Department of Transportation Right of Way Map of Item/Segment No. 4358041, Section 93200-2550, being more particularly described as follows: Page 1 of 7 CFN 20230026132 OR BK 34087 PG 320 Pg:2 of 7 Commence at the Southeast Corner of said Section 20, being a point on the Baseline of Survey of State Road 804(Boynton Beach Boulevard): thence South 87°41'52" West along the South line of said Section 20 and said Baseline of Survey of State Road 804(Boynton Beach Boulevard),a distance of 1,025 21 feet; thence South 89°39'40" West continuing along said Baseline of Survey of State Road 804(Boynton Beach Boulevard), a distance of 586.46 feet: thence North 00°20'20" West along a line at a right angle to the previously described course.a distance of 66.00 feet to a point on the Northerly Existing Right of Way line of said State Road 804 (Boynton Beach Boulevard) and the POINT OF BEGINNING; thence North 44°32'00" West along said Northerly Existing Right of Way line of State Road 804(Boynton Beach Boulevard). a distance of 2.42 feet; thence North 89°07'16" East, a distance of 101.84 feet; thence South 89°52'44" East,a distance of 165.54 feet; thence South 77°28'17" East. a distance of 28.44 feet to a point on the Westerly line of Lot 8,MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46 S.RANGE 43 E..according to the plat thereof.as recorded in Plat Book 1,Page 4,of the Public Records of Palm Beach County,Florida;thence South 02°00'56"East along said Westerly line of Lot 8.a distance of 5.17 feet to a point on said Northerly Existing Right of Way line of State Road 804 (Boynton Beach Boulevard); thence North 75°46'32" West along said Northerly Existing Right of Way line of State Road 804(Boynton Beach Boulevard).a distance of 40.31 feet;thence South 89°39'40" West continuing along said Northerly Existing Right of Way line of State Road 804(Boynton Beach Boulevard).a distance of 254.55 feet to the POINT OF BEGINNING. Containing 707 square feet,more or less. RECORDED INSTRUMENT DATE FROM TO O.R.B.& PG. Utility 4/9/1991 --- City of Boynton 6787/ 1601 Easement Beach, Florida (Per Resolution No.R91-62) Easement 5/9/1994 Checkers Drive- City of Boynton 8325/ 1986 In Restaurants. Beach,a political Inc.,a Delaware subdivision of the • corporation State of Florida L Page 2 of 7 CFN 20230026132 OR BK 34087 PG 321 Pg:3 of 7 PROVIDED that the CITY has the following rights: 1. The CITY shall have the right to construct.operate. maintain, improve, add to. upgrade, remove, and relocate facilities on. within, and upon the lands described herein in accordance with the FDOT'S current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in the effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the CITY or require the CITY to alter.adjust.or relocate its facilities located within said lands,the FDOT hereby agrees to pay the cost of such alteration.adjustment,or relocation,including,but not limited to the cost of acquiring appropriate easements. 2. Not withstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions,with the exception of the provision herein with reimbursement rights. 3. The CITY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph I above,including the right to trim such trees,brush,and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. 4. The CITY agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the CITY exercising its rights outlined in Paragraphs I and 3 above. The provision shall not act to 1%aive the City's sovereign immunity under Florida law. [REMAINDI-.R OF PAGE INTENTIONALLY LEFT BLANK] Page 3 of 7 CFV 20230026132 —,- OR BK 34087 PG 322 Pg:4 of 7 IN WITNESS WHEREOF,the 1•DOT hereto has executed this agreement on the day and year first above written. Signed,sealed and delivered in the presence STATE OF FLORIDA DEPARTMENT of: (Two witnesses required by Florida Law) OF TRANSPORTATION Witness Signature: – ' Name: (:E iY O' tELLLY,P.E./ District Four Secretary Alla E. C.hai Printi Name: ,� Attorney approved as to form: Witness- ignature: 1'.�. tj(• — Name: ELJZAI3:TH S. QUINTANA c- dingy Print Witness Name: STATE OF FLORIDA COUNTY OF BROWARD ✓ The foregoing instrument was acknowledged before me by means of physical presence or online notarization,this ' day of: 1e.,��.,� - 20 1;.<'. ,by GERRY O'REILLY, P.E.,District Four Secretary,who is personally known b' me or Mto has produced _ as identification. f\, -, (SEAL) —.� Notary Public sc 10( IC% S ' SHALONDA SUTTON• Printed or stamped name of Notary Public 1N -MY COMMISSION#GG976728 EXPIRES:JUL 17,2024 • 8rndet through 1st State InsSrance (? My Commission Expires.._ 1 1.,,_, Page 4 of 7 CFN 20230026132 OR BK 34087 PG 323 Pg:5 of 7 IN WITNESS WHEREOF,the City has caused these presents to be executed in its name by its Board ofCity Commissioners acting by the Mayor or Vice-Mayor ofsaid Board,the day and year aforesaid. , ) /71 KITES I( A i , ,,• _ .... - l CITY OF BOYNTON BEACH,a Florida municipal corporation Print Name: afro _ L( By Its Board of City Commissioners Clerk(or Deputy Cl•••) -0414TON e ,, O4(•VOttArE'•.;'1, + By: / _ _ s r%. + � i Print Name:• v• tNr Rrs,�l�, Its Mayor r+ % ' 92' (or Vice-Mayor) APPROVED AS TO FORM �'+,D••'....... • LEGAL SUFFICIENCY: ,`°. �-OFt\�P `.. .0� /jii tl. 4//./1, (Official Seal) By: _...-. City Attorney STATE OF FLORIDA COUNTY OF PALM BEACI-I The foregoing instrument was•cknowledged before me by means of '7 physical presence or online notarization, this __._ day of eCerr.hQ' , 20 as , by "T- Q-e-VNsQ � _ _ ^, aux_ (or Vice-Mayor) on behalf of the CITY OF BOLTON BEACH, a Florida municipal corporation, who is personally known tome or who has produced .__, as identification. (SEAL) ----_ 1 �G1 Q Notary Public lb my L. Stanzione-' ,._ , TAMMY l 51073014E 4`':•• •.` c0"'mission *GG306158 • DpiteSMard1YS,2023 Printed or stamped name of Notary Public 7crs�°P` My Commission Expires: 3/15/13 i13 ScadatilliN WO*Amy Salvias Page 5of7 CFN 20230026132 OR BK 34087 PG 324 Pg:6 of 7 1 23-UTL.05-07/18 This instrument prepared under the direction of: Elizabeth S.Ouintana, Esc. District Four Assistant General Counsel Legal Description prepared by: Luis A.Gaztambide,P.S.M. (01-20-2021) Parcel No. 100.4R Document prepared by: Item/Segment No. 4358041 Diana Helmer(08-31-2022) Section: 93200-2550 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R.No. 804(Boynton Beach Blvd.) 3400 W.Commercial Boulevard County: Palm Beach Fort Lauderdale,Florida 33309 RESOLUTION ON MOWN of--eumftitsstalter . seconded by City Commissioner t ,the following ResotutIon was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 804 (Boynton Beach Blvd.), Item/Segment No. 4358041, Section 93200-2550, in Palm Beach County,Florida:and WHEREAS,it is necessary that certain easement rights now owned by the City of Boynton Beach, Florida,be subordinated to the rights of the State of Florida Department of Transportation;and WHEREAS,said subordination is in the best interest of the City;and WHEREAS,the State of Florida Department of Transportation has made application to said City to execute and deliver to the State of Florida Department of Transportation a subordination of utility interest,or interests, in favor of the State of Florida Department of Transportation and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of the City of Boynton Beach, Florida,that the application of the State of Florida Department of Transportation for a subordination of utility interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare;that a subordination of utility interest,or interests, in favor of the State of Florida Department of Transportation, in the City of Boynton Beach,Florida,Florida,should be drawn and executed by this Board of City Commissioners. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, Florida 33009. Page 6 of 7 CFN 20230026132 OR BK 34087 PG 325 Pg:7 of 7 STATE OF FLORIDA CITY OF BOYNTON BEACH I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City Commissioners of the City of Boynton Beach,Florida,at a meeting held on the ( day of eArruNDor. ,20 PC3t. . C I _ _��NtO/y Print .in • L� e ++ Clerk,Boa ofCity Co �missioners ;'Q�.•�pORArf•.�Fy '+ City of Boynton Beach,Florida ; • YY 1: SE 10, U: RPpRA ; �• ;1N 1920:: ; t�ztF'LO0u.:r Page 7 of 7 CFN 20230026155 OR BK 34087 PG 407 RECORDED 1/25/2023 8:11 AM Palm Beach County,Florida Joseph Abruzzo,Clerk Pgs:407-412;(6pgs) 23-UTL.04-07/18 This instrument prepared under the direction of: Elizabeth S. Quintana. Esu. _ District Four Assistant General Counsel Legal Description prepared by: Luis A. Gaztambide.P.S.M. (1-8-21) Parcel No. 107.4 Document prepared by: Item/Segment No. 4358041 Grace K.Abel (4-8-21) Section: 93200-2550 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R.No. 804(Boynton Beach Blvd.) 3400 W.Commercial Boulevard County: Palm Beach Fort Lauderdale, Florida 33309 SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT entered into this Q _ day of , 202"3 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIONUereinafter called the FDOT,and the CITY OF BOYNTON BEACH,a Florida municipal corporation,hereinafter called the CITY. WITNESSETH: WHEREAS, the CITY presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the CITY to the FDOT;and WHEREAS, the FDOT is willing to pay to have the CITY'S facilities relocated if necessary, to prevent conflict between the facilities so that the benefits of each may he retained. NOW,'THEREFORE,in consideration of the mutual covenants and promises of the parties hereto, CITY and FDOT agree as follows: CITY subordinates to the interest of FDOT its successors and assigns, any and all of its interest in the lands as follows,viz: Parcel No. 107 Item/Segment No.4358041 A portion of Lots 22 and 23,Block 2,LAKE BOYNTON ESTATES PLAT 1,according to the plat thereof, as recorded in Plat Book 13,Page 32,of the Public Records of Palm Beach County,Florida,lying in Section 29, Township 45 South, Range 43 East, as shown on Sheets 4 and 7 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 435804-1, Section 93200-2550, being more particularly described as follows: Page 1 of 6 CFN 20230026155 OR BK 34087 PG 408 Pg:2 of 6 Commence at the Northeast Corner of said Section 29, being a point on the Baseline of Survey of State Road 804(Boynton Beach Boulevard);thence South 87°41'52" West along the North line of said Section 29 and said Baseline of Survey of State Road 804(Boynton Beach Boulevard), a distance of 807.93 feet; thence South 02°18'08" East along a line at a right angle to the previously described course,a distance of 61.92 feet to a point on the Southerly Existing Right of Way line of said State Road 804(Boynton Beach Boulevard)and the POINT OF BEGINNING;thence South 82°14'14" East along said Southerly Existing Right of Way line of State Road 804(Boynton Beach Boulevard),a distance of 7.48 feet to a point on the Easterly line of said Lot 22;thence South 01°56'12" East along said Easterly line of Lot 22, a distance of 9.11 feet to the beginning of a non-tangent curve concave Northerly, having a chord bearing of South 89°12'19" West; thence Westerly along the arc of said curve, having a radius of 20,069.50 feet, through a central angle of 00°07'43", an arc distance of 45.04 feet to the end of said curve; thence South 00°43'09"East,a distance of 4.00 feet;thence South 89°16'41"West,a distance of 6.00 feet;thence North 00°43'09" West,a distance of 3.00 feet to the beginning of a non-tangent curve concave Northerly, having a chord bearing of South 89°21'24" West; thence Westerly along the arc of said curve, having a radius of 20,070.50 feet, through a central angle of 00°08'23", an arc distance of 48.98 feet to the end of said curve, being a point on the Westerly line of said Lot 23; thence North 01°56'10" West along said Westerly line of Lot 23, a distance of 9.67 feet to a point on said Southerly Existing Right of Way line of State Road 804 (Boynton Beach Boulevard); thence North 88°19'37" East along said Southerly Existing Right of Way line of State Road 804 (Boynton Beach Boulevard), a distance of 92.65 feet to the POINT OF BEGINNING. Containing 1,023 square feet,more or less. RECORDED INSTRUMENT DATE FROM TO O.R.B. &PG. Easement Deed 2/18/1986 Humdeco,Inc City of Boynton 4820/ 1662 Beach,Florida PROVIDED that the CITY has the following rights: 1. The CITY shall have the right to construct,operate, maintain, improve,add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOTS current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in the effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the CITY or require the CITY to alter,adjust,or relocate its facilities located within said lands,the FDOT hereby agrees to pay the cost of such alteration,adjustment,or relocation, including,but not limited to the cost of acquiring appropriate easements. Page 2 of 6 CFN 20230026155 OR BK 34087 PG 408 Pg:2 of 6 Commence at the Northeast Corner of said Section 29, being a point on the Baseline of Survey of State Road 804 (Boynton Beach Boulevard); thence South 87°41'52" West along the North line of said Section 29 and said Baseline of Survey of State Road 804 (Boynton Beach Boulevard), a distance of 807.93 feet; thence South 02°18'08" East along a line at a right angle to the previously described course, a distance of 61.92 feet to a point on the Southerly Existing Right of Way line of said State Road 804(Boynton Beach Boulevard)and the POINT OF BEGINNING; thence South 82°14'14" East along said Southerly Existing Right of Way line of State Road 804(Boynton Beach Boulevard),a distance of 7.48 feet to a point on the Easterly line of said Lot 22; thence South 01°56'12" East along said Easterly line of Lot 22, a distance of 9.11 feet to the beginning of a non-tangent curve concave Northerly, having a chord bearing of South 89°12'19" West; thence Westerly along the arc of said curve, having a radius of 20,069.50 feet, through a central angle of 00°07'43", an arc distance of 45.04 feet to the end of said curve; thence South 00°43'09" East,a distance of 4.00 feet;thence South 89°16'41"West,a distance of 6.00 feet; thence North 00°43'09" West, a distance of 3.00 feet to the beginning of a non-tangent curve concave Northerly, having a chord bearing of South 89°21'24" West; thence Westerly along the arc of said curve, having a radius of 20,070.50 feet, through a central angle of 00°08'23", an arc distance of 48.98 feet to the end of said curve, being a point on the Westerly line of said Lot 23; thence North 01°56'10" West along said Westerly line of Lot 23, a distance of 9.67 feet to a point on said Southerly Existing Right of Way line of State Road 804 (Boynton Beach Boulevard); thence North 88°19'37" East along said Southerly Existing Right of Way line of State Road 804 (Boynton Beach Boulevard), a distance of 92.65 feet to the POINT OF BEGINNING. Containing 1,023 square feet,more or less. RECORDED r , INSTRUMENT DATE FROM TO O.R.B. &PG. Easement Deed 2/18/1986 Humdeco, Inc City of Boynton 4820/ 1662 Beach,Florida PROVIDED that the CITY has the following rights: 1. The CITY shall have the right to construct, operate, maintain, improve,add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOTS current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in the effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the CITY or require the CTTY to alter,adjust,or relocate its facilities located within said lands,the FDOT hereby agrees to pay the cost of such alteration,adjustment,or relocation, including,but not limited to the cost of acquiring appropriate easements. Page 2 of 6 CFN 20230026155 OR BK 34087 PG 409 Pg:3 of 6 2. Not withstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions,with the exception of the provision herein with reimbursement rights. 3. The CITY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above,including the right to trim such trees,brush,and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOTs facilities. 4. The CITY agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the CITY exercising its rights outlined in Paragraphs 1 and 3 above. IN WITNESS WHEREOF,the FDOT hereto has executed this agreement on the day and year first above written. Signed,sealed and delivered in the presence STATE OF FLORIDA DEPARTMENT of:(Two witnesses required by Florida Law) OF TRANSPORTATION (14-&-i C2. OhAA-•-e- ) Witness Signature: BY: - b r ..k. •• Ar Name: 'ERR O'REILLY P.E. f I (l a 'E . CA1av -ef Distri‘t Four Secretary Print n -s Name: Attorney approved as to form: Witnes. . ignature: i Q72:14.A. Ltm._ .VCQ>i1L V( tt OA)k N-`' Name: ELIZABETH S.QUINTANA Print Witness Name: STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was Acknowledged before me by means ofphysical presence or online notarization,this ?3 r day of_j4—',.",_,,c...•1/4..,.(_,20 �e_.2 ,by GERRY O'REILLY, P.E., District Four Secretary,who 1s ersonally known by me or wo has produced as identification. i ----)\ i7 SHALONDASUTTON .EAL) . A. ___-,t.4t-- $ to MY GOMMISS1ON#GG976728 i ,o� IBES:JUL 17,2024 Notary Public ' , �' Bode 1st State Insetancs ......- My Commission Expires: �J�� SZ.c -q S -,�E.��Le 5.3+-+0,/, Printed or stamped name of Notary Public Page 3 of 6 CFN 20230026155 OR BK 34087 PG 410 Pg:4 of 6 IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its Board of City Commissioners acting by the Mayor or Vice-Mayor of said Board,the day and year aforesaid. ATTE. 'T• /.+._ . CITY OF BOYNTON BEACH,a Florida municipal corporation Print Name: mow_ S By Its Board of City Commissioners Clerk(or Deputy Cl- •) o APisoowirE ny, By:_ 001Ep Print Name: 1 4,0 0 , Its Mayor 1.`/4" ,. ; (or Vice-Mayor) ......• APPROVED AS TO FORM AN �Oa�pPY, LEGAL SUFFICIENCYe<_Z/(7 // (Official Seal) By: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of physical presence or �---� online notarization, this day of�. .CLrr 't r , 20 .aa , by r2,c1 , Max. (or Vice-Mayor) on behalf of the CITY OF BOYNTON BEACH,ta Florida municipal corporation, who is personally known tome or who has produced _. as identification. (SEAL) !ii fit% 41'4 AA. Notary Public ,a•4°fq, TAMMY LSTANZIONE Commission#GG 308158 Tammy L. Stanzlone �I „ f° Expires March 25,2023 --- — ea,030 eanaoalbw&dpdMuySwim Printed or stamped name of Notary Public My Commission Expires: 3/%1-5/2—.3 Page 5 of 7 CFN 20230026155 OR BK 34087 PG 411 Pg:5 of 6 23-UI'L.05-07/18 This instrument prepared tinder the direction of: Elizabeth S.Quintana Esq. District Four Assistant General Counsel Legal Description prepared by: Luis A.Gaztambide,P.S.M. 101-08-2021) Parcel No. I07.4R Document prepared by: Item/Segment No. 4358041 Diana Helmer-AN-30-2022) Section: 93200-2550 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R. No. 804(Boynton Beach Blvd.) 3400 W.Commercial Boulevard County: Palm Beach Fort Lauderdale,Florida 33309 RESOLUTION ON MOVON of -C-o4nrnissiontr V t� (' r Z , seconded by City Commissioner 1 _ ,the ollowing R Iution was adopted: WHEREAState of Florida Department of Transportation proposes to constnrct or improve State Road No. 804 (Boynton Beach Blvd.), ItemiSegment No. 4358041, Section 93200-2550, in Palm IBeach County, Florida:and WHEREAS,it is necessary that certain easement rights now owned by the City of Boynton Beach, Florida,be subordinated to the rights of the State of Florida Department of Transportation;and WHEREAS,said subordination is in the best interest of the City; and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State of Florida Department of Transportation a subordination of utility interest,or interests, in favor of the State of Florida Department of Transportation and said request having been duly considered. NOW THEREFORE, HE IT RESOLVED by the Board of City Commissioners of the City of Boynton Beach, Florida, that the application of the State of Florida Department of Transportation for a subordination of utility interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare; that a subordination of utility interest,or interests, in favor of the State of Florida Department of Transportation, in the City of Boynton Beach,Florida, Florida,should be drawn and executed by this Board of City Commissioners. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, Florida 33009. Page 6 of 7 CFN 20230026155 OR BK 34087 PG 412 Pg:6 of 6 STATE OF FLORIDA CITY OF BOYNTON BEACH I HEREBY CERTIFY that the foregoing is a tnie copy of a Resolution adopted b the Boani of City Commissioners of the City of Boynton Beach,Florida,at a meeting held on the day of CQA e ,20 Pd— \‘_ 4r( . �. • , C . -. Q�N?0>Y Print N i•: • _ �� _: t.g0RATE.••..'9c'��� Clerk, Boa - f City '.mmissioners O fcP A( 'y � City of Boynton Beach,Florida X92 ................. FLOW Page 7 of 7 CFN 20230026160 OR BK 34087 PG 431 RECORDED 1/25/2023 8:15 AM Palm Beach County,Florida Joseph Abruzzo,Clerk Pgs:431-437;(7pgs) 23-UTL.04-07/18 This instrument prepared under the direction of: Elizabeth S. Quintana,Esq. _ District Four Assistant General Counsel Legal Description prepared by: Luis A.Gaztambide,P.S.M. (1-8-21) Parcel No. 117.3 Document prepared by: Item/Segment No. 4358041 Grace K. Abel(4-8-21) Section: 93200-2550 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R.No. 804(Boynton Beach Blvd.) 3400 W. Commercial Boulevard County: Palm Beach Fort Lauderdale,Florida 33309 SUBORDINATION OF CITY UTILITY INTERESTS TILTS AGREEMEN'1'entered into this "Z3QD day of. ,k,‘V owt, 20'L3 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION)hereinafter called the FDOT,and the CITY OF BOYNTON BEACH,a Florida municipal corporation,hereinafter called the CITY. WITNESSETH: WHEREAS, the CITY presently has an interest in certain lands that have been determined necessary for highway purposes;and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the CITY to the FDOT;and WHEREAS, the FDOT is willing to pay to have the CITY'S facilities relocated if necessary, to prevent conflict between the facilities so that the benefits of each may be retained. NOW,THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, CITY and FDOT agree as follows: CITY subordinates to the interest of FDOT its successors and assigns,any and all of its interest in the lands as follows,viz: Parcel No. 117 Item/Segment No.4358041 A portion of Lot 8,MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46 S, RANGE 43 E.,according to the plat thereof, as recorded in Plat Book 1, Page 4,of the Public Records of Palm Beach County,Florida, lying in Section 20,Township 45 South, Range 43 East,as shown on Sheet 4 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 435804-1, Section 93200-2550,being more particularly described as follows: Page 1 of 7 CFN 20230026160 OR BK 34087 PG 432 Pg:2 of 7 Commence at the Southeast Corner of said Section 20;thence North 02°01'34" West along the East line of said Section 20, a distance of 40.00 feet to the intersection of the Westerly Existing Limited Access Right of Way line of State Road 9(I-95)and the Westerly Existing Railroad Right of Way line of C.S.X.Railroad, being the PONT OF BEGINNING; thence South 87°41'52" West along said Westerly Existing Limited Access Right of Way line of State Road 9 (1-95), a distance of 106.75 feet; thence North 33°50'54" West continuing along said Westerly Existing Limited Access Right of Way line of State Road 9(I-95),a distance of 3.29 feet to the Beginning of the New Westerly Limited Access Right of Way line of State Road 9 (I-95); thence North 86°46'02" East along said New Westerly Limited Access Right of Way line of State Road 9(I-95),a distance of 108.51 feet to the End of said New Westerly Limited Access Right of Way line of State Road 9 (I-95), being on point of said East line of Section 20 and said Westerly Existing Railroad Right of Way line of C.S.X. Railroad; thence South 02°01'34" East along said East line of Section 20 and said Westerly Existing Railroad Right of Way line of C.S.X. Railroad,a distance of 4.57 feet to the POINT OF BEGINNING. Containing 398 square feet,more or less. Together with all rights of access, ingress, egress, light, air and view between the grantor's remaining property and any facility constructed on the above described property. RECORDED INSTRUMENT DATE FROM TO O.R.B. &PG. Easement 4/18/2000 Anderson Stor-All, City of Boynton 11785/ 1865 Inc. on behalf of Beach, a political Stor-All, Ltd.,a subdivision of the Florida State of Florida corporation Drainage 5/7/2002 Stor-All, Ltd.,a City of Boynton 13766/0 163 Easement Florida limited Beach, Florida partnership Page 2 of 7 CFN 20230026160 OR BK 34087 PG 433 Pg:3 of 7 PROVIDED that the CITY has the following rights: 1. The CITY shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOTS current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in the effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the CITY or require the CITY to alter,adjust,or relocate its facilities located within said lands,the FDOT hereby agrees to pay the cost of such alteration,adjustment,or relocation, including,but not limited to the cost of acquiring appropriate easements. 2. Not withstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions,with the exception of the provision herein with reimbursement rights. 3. The CITY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above,including the right to trim such trees,brush,and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. 4. The CITY agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the CITY exercising its rights outlined in Paragraphs 1 and 3 above. IN WITNESS WHEREOF,the FDOT hereto has executed this agreement on the day and year first above written. Signed,sealed and delivered in the presence STATE OF FLORIDA DEPARTMENT of: (Two witnesses required by Florida Law) OF TRANSPORTATION Witness Signature: BY: Name: qr.RRy O'REILLY,P.E/ Acta fI n n-�1 District Secretary 1 h Print Witness Name: f' Attorney approved as to form: • ne;'•:ignature: Name: • IZABETH S.QUINTANA Print Wit ess Name: Page 3 of 7 CFN 20230026160 OR BK 34087 PG 434 Pg:4 of 7 STATE OF FLORIDA COUNTY OF BROWARD Vphysical The foregoing instrument was ac`JcnowledgeL.before me by means of presence or online notarization,this )3 day of ,, c v� c. .-y ,20 7,3 ,by GERRY O'REILLY, P.E.,District Four Secretary,who is personally known by me or wlio has produced as identification. I (SEAL) ,c�,/ ' N6tary Public 5) 4 e\Gk, \CchAn Iwa STiA1.o5UASU71g7 Printed or stamped name of Notary Public 3i i.•ar M`=f$�jNMISSIOM�#GG976728 �� EXPIRES:JUL 17,2024 ` , -~� °`" `&OilIhioygh 1st State Inserance My Commission Expires: M%-I t /,t 6 q Page 4 of 7 CFN 20230026160 OR BK 34087 PG 435 Pg:S of 7 IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its Board of City Commissioners acting by the Mayor or Vice-Mayor of said Board,the day and year aforesaid. c ATTES . 1 1 0 Jr. / CITY OF BOYNTON BEACH,a Florida municipal corporation Print Name: �'�tintir __ By Its Board of City Commissioners Clerk (or Deputy C •rk) -p�(NTO/ye ' F•.• S� % ri % U= 11 RAI S Print Name: 7 S4. 19iO Its Mayor .•'�• (or Vice-Mayor) APPROVED AS TO FORM A',,� ~�Fis; �.- LEGAL SUFFICIENCY: --,`` -7(/' (Official Seal) By:- l.._. City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of 1 physical presence or online notarization, this ¶ day of i)2Ce rm\neir , 20,a . by 17 9e �e_ �N O` , ayor (or Vice-Mayor) on behalf of the CITY OF BOYNTON ITON BEACH, a Florida municipal corporation, wo isrsonally known to a or who has produced _ as identification. (SEAL) Notary Public --C*3-622--- . rPv., U,IMNiSTANZIONtc 7 y L. Stant @ ,. ..• '' Comnission#GG306158 �j• Expires March25,2023 Printed or stamped name of Notary Public My Commission Expires:.S15 ,o7 3 I Page 5 of 7 CFN 20230026160 OR BK 34087 PG 436 Pg:6 of 7 23-UTL.05-07/18 This instrument prepared under the direction of: Elizabeth S.Quintana.Esq. District Four Assistant General Counsel Legal Description prepared by: Luis A.Gaztambide,P.S.M.(01-08-2021) Parcel No. 117.3R Document prepared by: Item/Segment No. 4358041 Diana Helmer(08-31-2022) Section: 93200-2550 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R.No. 804(Boynton Beach Blvd.) 3400 W.Commercial Boulevard County: Palm Beach Fort Lauderdale,Florida 33309 RESOLUTION ON M( T ON o f £ornmtssiener U t e f. r( tb! �u.2. . seconded by City Commissioner ,the following R solution was adopted: WHEREAS, t State of Florida Department of Transportation proposes to construct or improve State Road No. 804 (Boynton Beach Blvd.), Item/Segment No. 4358041, Section 93200-2550, in Palm Beach County.Florida:and WHEREAS,it is necessary that certain easement rights now owned by the City of Boynton Beach, Florida,be subordinated to the rights of the State of Florida Department of Transportation;and WHEREAS,said subordination is in the best interest of the City;and WHEREAS,the State of Florida Department of Transportation has made application to said City to execute and deliver to the State of Florida Department of Transportation a subordination of utility interest,or interests,in favor of the State of Florida Department of Transportation and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of the City of Boynton Beach, Florida,that the application of the State of Florida Department of Transportation for a subordination of utility interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare;that a subordination of utility interest,or interests, in favor of the State of Florida Department of Transportation,in the City of Boynton Beach,Florida,Florida,should be drawn and executed by this Board of City Commissioners. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale. Florida 33009. Page 6 of 7 CFN 20230026160 OR BK 34087 PG 437 Pg:7 of 7 STATE OF FLORIDA CITY OF BOYNTON BEACH I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City Commissioners of the City of Boynton Beach,Florida,at a meeting held on the (C1 1 day of Thrs_r bee- ,20 D401-.. - /I _ o•1NTOA, • ,� .. __ _ 0.4)) It•••„,Nr Print N• . rn• %Z; Clerk,Boa • of City Cmissioners 0; RAT� ” ` ) % City of Boynton Beach,Florida 1KCORPO ; S 1920 : ••••.....••• • FLOROP7.- • Page 7 of 7 CFN 20230026154 OR BK 34087 PG 400 RECORDED 1/25/2023 8:11 AM Palm Beach County,Florida Joseph Abruzzo,Clerk Pgs:400-406;(7pgs) 23-UTL.04-07/18 This instrument prepared under-the direction of: Elizabeth S. Quintana. Esq. dee District Four Assistant General Counsel Legal Description prepared by: Luis A.Gaztambide. P.S.M. (1-8-21) Parcel No. 102.3 Document prepared by: Item/Segment No. 4358041 Grace K.Abel (4-8-21) Section: 93200-2550 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R.No. 804(Boynton Beach Blvd.) 3400 W. Commercial Boulevard County: Palm Beach Fort Lauderdale,Florida 33309 SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT entered into this 2.3e-° day of viv,a.Y , 20 2:5, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,hereinafter called the FDOT,and the CITY OF BOYNTON BEACH,a Florida municipal corporation,hereinafter called the CITY. WITNESSETH: WHEREAS, the CITY presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the CITY to the FDOT; and WHEREAS, the FDOT is willing to pay to have the CITY'S facilities relocated if necessary, to prevent conflict between the facilities so that the benefits of each may be retained. NOW,THEREFORE,in consideration of the mutual covenants and promises of the parties hereto, CITY and FDOT agree as follows: CITY subordinates to the interest of FDOT its successors and assigns,any and all of its interest in the lands as follows,viz: Parcel No. 102 Item/Segment No.4358041 A portion of Lot 8,MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46 S, RANGE 43 E.,according to the plat thereof,as recorded in Plat Book 1, Page 4,of the Public Records of Palm Beach County, Florida, lying in Section 20,Township 45 South,Range 43 East,as shown on Sheets 3 and 7 of the Florida Department of Transportation Right of Way Map of Item/Segment No. 435804-1, Section 93200-2550,being more particularly described as follows: Page 1 of 7 CFN 20230026154 OR BK 34087 PG 401 Pg: 2 of 7 Commence at the Southeast Corner of said Section 20, being a point on the Baseline of Survey of State Road 804 (Boynton Beach Boulevard); thence South 87°41'52" West along the South line of said Section 20 and said Baseline of Survey of State Road 804(Boynton Beach Boulevard),a distance of 1,025.21 feet; thence South 89°39'40" West continuing along said Baseline of Survey of State Road 804(Boynton Beach Boulevard), a distance of 281.86 feet; thence North 00°20'20" West along a line at a right angle to the previously described course,a distance of 53.00 feet to a point on the Northerly Existing Right of Way line of said State Road 804 (Boynton Beach Boulevard) and the POINT OF BEGINNING; thence North 75°46'32" West along said Northerly Existing Right of Way line of State Road 804 (Boynton Beach Boulevard), a distance of 11.39 feet to a point on the Westerly line of said Lot 8; thence North 02°00'56" West along said Westerly line of Lot 8, a distance of 5.17 feet; thence South 77°28'17" East, a distance of 22.75 feet; thence South 89°52'44" East, a distance of 108.33 feet to a point on the Westerly line of Lot 12, DEIERL PARK, according to the plat thereof, as recorded in Plat Book 23, Page 236, of the Public Records of Palm Beach County, Florida; thence South 01°58'53" East along said Westerly line of Lot 12, a distance of 2.10 feet to a point on said Northerly Existing Right of Way line of State Road 804(Boynton Beach Boulevard);thence South 89°39'40"West along said Northerly Existing Right of Way line of State Road 804(Boynton Beach Boulevard),a distance of 119.39 feet to the POINT OF BEGINNING. Containing 380 square feet,more or less. RECORDED INSTRUMENT DATE FROM TO O.K.B. &PG. Easement Deed 2/15/1990 Dr.and Mrs. City of Boynton 6445/939 M.N. Jacobs Beach, Florida Utility Easement 4/9/1991 -- City of Boynton 6787/ 1601 (Per Resolution No. Beach,a political R91-62) subdivision of the State of Florida PROVIDED that the CITY has the following rights: 1. The CITY shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT'S current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in the effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the CITY or require the CITY to alter,adjust,or relocate its facilities located within said lands,the FDOT hereby agrees Page 2 of 7 CFN 20230026154 OR BK 34087 PG 402 Pg:3 of 7 to pay the cost of such alteration,adjustment,or relocation,including,but not limited to the cost of acquiring appropriate easements. 2. Not withstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions,with the exception of the provision herein with reimbursement rights. 3. The CITY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above,including the right to trim such trees,brush,and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. 4. The CITY agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the CITY exercising its rights outlined in Paragraphs 1 and 3 above. IN WITNESS WHEREOF,the FDOT hereto has executed this agreement on the day and year first above written. Signed,sealed and delivered in the presence STATE OF FLORIDA DEPARTMENT of: (Two witnesses required by Florida Law) OF TRANSPORTATION Witness Signature: BY: A Name: G RY REILLY,P.E. District our Secretary Print Witness Name: Attorney approved as to form: i ness Signature: Name: ELIZABETH S.QUINTANA 9\*.k.010t1t-t, GUV\V-.0c. Print Witness Name: Page 3 of 7 CFN 20230026154 OR BK 34087 PG 403 Pg:4 of 7 STATE OF FLORIDA COUNTY OF BROWARD / The foregoing instrument was acknowledged before me by means of t.�' physical presence or online notarization,this cci day of ,20 7,3 ,by GERRY O'REILLY, P.E.,District Four Secretary,who is personally known by me or who has produced as SHALONOA$u17ord MywilAISSION#GQ976728• -' , t7tPifIEFAD1,2024 _ C Bended hough let State insurance N ary Public SO4-40 My Commission Expires: v i.—‘ 1 1 r J to rick! Printed or stamped name of Notary Public Page 4 of 7 CFN 20230026154 OR BK 34087 PG 404 Pg: 5 of 7 IN WITNESS WHEREOF,the City has caused these presents to be executed in its name by its Board of City Commissioners acting by the Mayor or Vice-Mayor of said Board,the day and year aforesaid. ATTE(T: $,..S.? _ CITY OF BOYNTON BEACH,a Florida municipal corporation Print Name: ! �1_'— By Its Board of City Commissioners Clerk(or Deputy Cie ) "pV tt� A. SBS :s Print Name: S v' ► po�� Its Mayor 7 S %%113R20 (or Vice-Mayor) APPROVED AS TO FOR%', ANN.19 •P. • LEGAL SUFFICIENCY: '%, � �RpP� (Official Seal) By: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of ✓ physical presence or T' V)nline notarization, this 9' day of €.C..€ v-1�c , 20 a, , by , Mayor (or Vice-Mayor) on behalf of the CITY OF B(> 'NTON BEACH, a Florida municipal corporation, who is person1jy known to me or who has produced as identification. (SEAL) i/'a t .• . i - C ci- s. Notary Public 2o101 vvsroo TAMMY LS#G6 3061 y L. Staff Co mmission k GG 308158 <- Woes Mard%25,2023 swam "4,O'op*A Printed or stamped name of Notaty Public My Commission Expires: 3/01 5/A3 Page 5 of 7 CFN 20230026154 OR BK 34087 PG 405 Pg:6of7 23-UTL.05-07/18 This instrument prepared under the direction of: Elizabeth S.Quintana,Esq. District Four Assistant General Counsel Legal Description prepared by: Luis A.Gaztambide,P.S.M.(01-08-2021) Parcel No. 102.3R Document prepared by: Item/Segment No. 4358041 Diana Helmer(04-08-20221 Section: 93200-2550 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R.No. 804(Boynton Beach Blvd.) 3400 W.Commercial Boulevard County: Palm Beach Fort Lauderdale,Florida 33309 RESOLUTION ON ON M1.2�ION of C-eexnissioner \,1162_, 't 1 'L1u AID( 2-- seconded by City Commissioner }�(�, ,the following R� +lution was adopted: WHEREAS,the State of Florida Department of Transportation proposes to construct or improve State Road No. 804 (Boynton Beach Blvd.), Item/Segment No. 4358041, Section 93200-2550, in Palm Beach County,Florida:and WHEREAS,it is necessary that certain easement rights now owned by the City of Boynton Beach, Florida,be subordinated to the rights of the State of Florida Department of Transportation;and WHEREAS,said subordination is in the best interest of the City;and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State of Florida Department of Transportation a subordination of utility interest,or interests, in favor of the State of Florida Department of Transportation and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of the City of Boynton Beach, Florida,that the application of the State of Florida Department of Transportation for a subordination of utility interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare;that a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation,in the City of Boynton Beach,Florida, Florida,should be drawn and executed by this Board of City Commissioners. BE ff FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, Florida 33009. Page 6 of 7 a CFN 20230026154 OR BK 34087 PG 406 Pg:7of7 STATE OF FLORIDA CITY OF BOYNTON BEACH I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by he Board of 't Commissioners of the City of Boynton Beach,Florida,at a meeting held on the day of rie' ,20 I. �1 \ Print Na •4ime s' - r — Clerk,Boar ofCity Ci mmissioners -d.��TONCity of Boynton Bea ,Florida B�`� (4.•vOFWf•• 1� •. C rI I'�Ott R 0 •pOillatt• f 92 4" .... Page 7 of 7 CFN 20230026150 OR BK 34087 PG 388 RECORDED 1/25/2023 8:10 AM Palm Beach County,Florida Joseph Abruzzo,Clerk Pgs:388-394;(7pgs) 23-UTL.04-07/18 This instrument prepared under the direction of: Elizabeth S.Quintana. Esq. District Four Assistant General Counsel Legal Description prepared by: Luis A.Gaztambide. P.S.M. (3-3-21) Parcel No. 109.4 Document prepared by: Item/Segment No. 4358041 Grace K.Abel(4-8-21) Section: 93200-2550 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R.No. 804 (Boynton Beach Blvd.) 3400 W. Commercial Boulevard County: Palm Beach Fort Lauderdale,Florida 33309 SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT entered into this 23911 day ofat"''a�n. . 20 2'3, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION', hereinafter called the FDOT,and the CITY OF BOYNTON BEACH,a Florida municipal corporation,hereinafter called the CITY. WITNESSETH: WHEREAS, the CITY presently has an interest in certain lands that have been determined necessary for highway purposes;and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the CITY to the FDOT; and WHEREAS, the FDOT is willing to pay to have the CITY'S facilities relocated if necessary, to prevent conflict between the facilities so that the benefits of each may be retained. NOW,TI IEREFORE, in consideration of the mutual covenants and promises of the parties hereto, CITY and FDOT agree as follows: CITY subordinates to the interest of FDOT its successors and assigns, any and all of its interest in the lands as follows,viz: Parcel No. 109 Item/Segment No.4358041 A portion of Lot 5, MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSI IIPS 45 AND 46 S, RANGE 43 E., according to the plat thereof,as recorded in Plat Book 1, Page 4,a portion of Lots 1, 2, 3, 4, and 5, Block 71, and a portion of vacated Right of Way of N.W. 4th Street, as recorded in Official Records Book 2937, Page 1247, (formerly Teneyck Avenue), BEVERLY HILLS ADDITION NO. 3, according to the plat thereof,as recorded in Plat Book 13,Page 64,all in the Public Records of Palm Beach County, Florida, lying in Section 28, Township 45 South, Range 43 East, as shown on Sheets 5 and 7 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 435804-1, Section 93200-2550,being more particularly described as follows: Page 1 of 7 4 CFN 20230026150 OR BK 34087 PG 389 Pg:2 of 7 Commence at the Northwest Corner of said Section 28, being a point on the Baseline of Survey of State Road 804 (Boynton Beach Boulevard); thence North 89°46'40" East along the North line of said Section 28 and said Baseline of Survey of State Road 804 (Boynton Beach Boulevard), a distance of 849.78 feet; thence South 00°13'20" East along a line at a right angle to the previously described course,a distance of 90.68 feet to a point on the Southerly Existing Right of Way line of said State Road 804(Boynton Beach Boulevard)and the POINT OF BEGINNING; thence North 78°08'10" East along said Southerly Existing Right of Way line of State Road 804 (Boynton Beach Boulevard), a distance of 180.57 feet; thence North 89°04'35" East continuing along said Southerly Existing Right of Way line of State Road 804 (Boynton Beach Boulevard), a distance of 164.35 feet; thence South 01°47'45" East, a distance of 10.62 feet to the beginning of a non-tangent curve concave Southeasterly, having a chord bearing of South 85°18'17" West;thence Southwesterly along the arc of said curve, having a radius of 7,961.00 feet, through a central angle of 00°27'20",an arc distance of 63.32 feet to the End of the New Easterly Limited Access Right of Way line of State Road 9 (I-95) and the beginning of a non-tangent curve concave Southeasterly,having a chord bearing of South 84°47'44"West;thence continuing along said New Easterly Limited Access Right of Way line of State Road 9(1-95) for the next four(4)courses: (1) Southwesterly along the arc of said curve, having a radius of 7,961.00 feet, through a central angle of 00°33'45", an arc distance of 78.17 feet to a point of reverse curvature of a curve concave Northerly,having a chord bearing of South 84°55'47"West;thence(2)Southwesterly along the arc of said curve,having a radius of 6,039.00 feet,through a central angle of 00°49'52",an arc distance of 87.60 feet to the end of said curve;thence(3) South 04°39'17" East, a distance of 1.00 foot to the beginning of a non-tangent curve concave Northerly, having a chord bearing of South 85°53'02" West; thence(4)Westerly along the arc of said curve,having a radius of 6,040.00 feet,through a central angle of 01°04'38", an arc distance of 113.55 feet to the end of said curve and to the POINT OF BEGINNING. Containing 4,767 square feet,more or less. Together with all rights of access, ingress, egress, light, air, and view between the grantor's remaining property and any facility constructed along the following described line: Commence at the Northwest Corner of said Section 28, being a point on the Baseline of Survey of State Road 804 (Boynton Beach Boulevard); thence North 89°46'40" East along the North line of said Section 28 and said Baseline of Survey of State Road 804 (Boynton Beach Boulevard),a distance of 849.78 feet; thence South 00°13'20" East along a line at a right angle to the previously described course, a distance of 90.68 feet to a point on the Southerly Existing Right of Way line of said State Road 804(Boynton Beach Boulevard) and the BEGINNING of the New Easterly Limited Access Right of Way line of State Road 9 (I-95), being the beginning of a non-tangent curve concave Northerly, having a chord bearing of North 85°53'02"East;thence Easterly along the arc of said curve,having a radius of 6,040.00 feet,through a central angle of 01°04'38", an arc distance of 113.55 feet to the end of said curve;thence continue along said New Easterly Limited Access Right of Way line of State Road 9(1-95)for the next three(3)courses: (1) North 04°39'17" West, a distance of 1.00 foot to the beginning of a non-tangent curve concave Northerly, having a chord bearing of North 84°55'47" East;thence (2)Northeasterly along the arc of said curve, having a radius of 6,039.00 feet, through a central angle of 00°49'52", an arc distance of 87.60 feet to a point of reverse curvature of a curve concave Southeasterly, having a chord bearing of North 84°47'44"East;thence(3)Northeasterly along the arc of said curve,having a radius of 7,961.00 feet, through a central angle of 00°33'45",an arc distance of 78.17 feet to the end of said curve, being the END of said New Easterly Limited Access Right of Way line of State Road 9(I-95). Page 2of7 CFN 20230026150 OR BK 34087 PG 390 Pg:3 of 7 RECORDED INSTRUMENT DATE FROM TO O.R.B.&PG. I _ Corrective Grant of 5/4/1981 Charles L. Leemon City of Boynton 3536/ 1491 Easement Beach,Florida PROVIDED that the CITY has the following rights: 1. The CITY shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT'S current minimum standards for such facilities as required by the FDOT, Utility 111 Accommodation Manual in the effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the CITY or require the CITY to alter,adjust,or relocate its facilities located within said lands,the FDOT hereby agrees to pay the cost of such alteration,adjustment,or relocation,including,but not limited to the cost of acquiring appropriate easements. 2. Not withstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions,with the exception of the provision herein with reimbursement rights. 3. The CITY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above,including the right to trim such trees,brush,and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. 4. The CITY agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the CITY exercising its rights outlined in Paragraphs I and 3 above. IN WITNESS WHEREOF,the FDOT hereto has executed this agreement on the day and year first above written. 111 Page 3 of 7 CFN 20230026150 OR BK 34087 PG 391 Pg:4 of 7 Signed,sealed and delivered in the presence STATE OF FLORIDA DEPARTMENT of:(Two witnesses required by Florida Law) OF TRANSPORTATION Witness Signature:• BY: J'� O -�.WJ Name: C RRY2f'REILLY,fr.E. A l ICI E. CAI etn_ ems-{ District Four Secretary Print Witness Name: Attorney approved as to form: Wi ness Signature: 111.+11 j` - Il i'Y-^�' Name: ELIZABETH S. QUINTANA Print Witness Name: STATE OF FLORIDA COUNTY OF BROWARD S The foregoing instrument was a knowledged fore me by means ofd physical presence or online notarization,this ,)3' day of iG,nJC-' - ,20 23 ,by GERRY O'REILLY, P.E.,District Four Secretary,who is personally known by me or who has produced as identification. cl ,� i '7 (SEAL) , : 't. (- Notaf, tib 1c SHALONDA , i,„:,,,,p,._,„ s,fil-4-0, SUTTON Printed or stamped name of Notary Public MY G©MM.SSION#1G0976728 A EXPIRE§;JUL 17,2024 ..'.i BondeQ throUflh lst Slate lnserance My Commission Expires: 1 u I 2-02L4 Page 4 of 7 CFN 20230026150 OR BK 34087 PG 392 Pg:5 of 7 IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its Board of City Commissioners acting by the Mayor or Vice-Mayor of said Board,the day and year aforesaid. ATTES`F:)A •_ l:.w / CITY OF BOYNTON BEACH,a Florida municipal corporation Print Name: • :�►c Its Board of City Commissioners �--�:. ._ B Y Clerk(or Deputy 'I -) ro .tt' By: - SEAL.419Z1'1, INOORPoRATEO ;Print Name: 1920 Its Mayor (or Vice-Mayor) APPROVED AS TO FORM AN i',�`` 5p :' LEGAL SUFFICIENCY: w//(/rf'J� >1" z7,/ (Official Seal) By: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH / The foregoing instrument was acknowledged before,t�e by means of \ physical presence or mine notarization, this 9 day of ueC.0 b 2.1f; . 20 IA , by 'e-�s� , Mayor (or Vice-Mayor) on behalf of the CITY OF BOITNTON BEACH, a Florida municipal corporation, w_ho is personally known to Amor who has produced as identification. (SEAL) ii//// ' . _ .II 4 ycaAg"ceo ` � iT TAMMY L STAND:DIE otary Public (,... Commission x GG 306158 Tammy L. Stanzione Expires March 25,2023 orn.�P &WadThu Budget Notary Santee Printed or stamped name of Notary Public My Commission Expires: 3/4 c5/a7 II Page 5 of 7 CFN 20230026150 OR BK 34087 PG 393 Pg: 6 of 7 23-UTL.05-07/18 This instrument prepared under the direction of: Elizabeth S.Quintana.Esq. District Four Assistant General Counsel Legal Description prepared by: Luis A.Gaztambide.P.S.M. (03-03-2021) Parcel No. 109.4R Document prepared by: Item/Segment No. 4358041 Diana Helmer(08-31-20221 Section: 93200-2550 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R.No. 804(Boynton Beach Blvd.) 3400 W.Commercial Boulevard County: Palm Reach Fort Lauderdale,Florida 33309 RESOLUTION ON MOI )N of E� V 1{�__��1 9f Z . seconded by City Commissioner .the following solution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 804 (Boynton Beach Blvd.), Item/Segment No. 4358041, Section 93200-2550, in Palm Beach County, Florida:and WI IEREAS,it is necessary that certain easement rights now owned by the City of Boynton Beach, Florida,be subordinated to the rights of the State of Florida Department of Transportation;and WHEREAS, said subordination is in the best interest of the City;and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State of Florida Department of Transportation a subordination of utility interest,or interests, in favor of the State of Florida Department of Transportation and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of the City of Boynton Beach, Florida,that the application of the State of Florida Department of Transportation for a subordination of utility interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare; that a subordination of utility interest,or interests, in favor of the State of Florida Department of Transportation,in the City of Boynton Beach,Florida,Florida.should be drawn and executed by this Board of City Commissioners. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard. Fort Lauderdale, Florida 33009. • Page 6 of 7 CFN 20230026150 OR BK 34087 PG 394 Pg: 7of7 STATE OF FLORIDA CITY OF BOYNTON BEACH I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of � City Commissioners of the City of Boynton Beach,Florida,at a meeting held on the day of -Deurn&e.X ,20 01.E ( , .11 Print Nz m : jit, • ' , s� TO % Clerk,Boa of City missioners 'o�N Ne` , 'o �QaRArf•;.9�,y City of Boynton Beach,Florida .—. S` r ' ~% T%ppKPt�i •i v•lottvR • i ~••....... �`k, FLOR�� Page 7 of 7 23-UTL.04-07/18 This instrument prepared under the direction of: Elizabeth S.Quintana, Esq. District Four Assistant General Counsel Legal Description prepared by: Luis A.Gaztambide, P.S.M. (01-08-2021) Parcel No. 107.4R Document prepared by: Item/Segment No. 4358041 Diana Helmer(08-31-2022) Section: 93200-2550 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R.No. 804(Boynton Beach Blvd.) 3400 W.Commercial Boulevard County: Palm Beach Fort Lauderdale,Florida 33309 SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT entered into this (0 day of'beC_err bQ\ , 20<a c).‘, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT,and the CITY OF BOYNTON BEACH,a Florida municipal corporation,hereinafter called the CITY. WITNESSETH: WHEREAS, the CITY presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the CITY to the FDOT;and WHEREAS, the FDOT is willing to pay to have the CITY'S facilities relocated if necessary, to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, CITY and FDOT agree as follows: CITY subordinates to the interest of FDOT its successors and assigns, any and all of its interest in the lands as follows,viz: Parcel No. 107 Item/Segment No.4358041 A portion of Lots 22 and 23,Block 2,LAKE BOYNTON ESTATES PLAT 1,according to the plat thereof, as recorded in Plat Book 13,Page 32,of the Public Records of Palm Beach County,Florida,lying in Section 29, Township 45 South, Range 43 East, as shown on Sheets 4 and 7 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 435804-1, Section 93200-2550, being more particularly described as follows: Page 1 of 7 Commence at the Northeast Corner of said Section 29, being a point on the Baseline of Survey of State Road 804(Boynton Beach Boulevard);thence South 87°41'52" West along the North line of said Section 29 and said Baseline of Survey of State Road 804 (Boynton Beach Boulevard),a distance of 807.93 feet; thence South 02°18'08" East along a line at a right angle to the previously described course,a distance of 61.92 feet to a point on the Southerly Existing Right of Way line of said State Road 804(Boynton Beach Boulevard)and the POINT OF BEGINNING; thence South 82°14'14" East along said Southerly Existing Right of Way line of State Road 804(Boynton Beach Boulevard),a distance of 7.48 feet to a point on the Easterly line of said Lot 22;thence South 01°56'12" East along said Easterly line of Lot 22, a distance of 9.11 feet to the beginning of a non-tangent curve concave Northerly, having a chord bearing of South 89°12'19" West; thence Westerly along the arc of said curve, having a radius of 20,069.50 feet, through a central angle of 00°07'43", an arc distance of 45.04 feet to the end of said curve; thence South 00°43'09" East,a distance of 4.00 feet;thence South 89°16'41" West,a distance of 6.00 feet;thence North 00°43'09" West,a distance of 3.00 feet to the beginning of a non-tangent curve concave Northerly, having a chord bearing of South 89°21'24" West; thence Westerly along the arc of said curve, having a radius of 20,070.50 feet, through a central angle of 00°08'23", an arc distance of 48.98 feet to the end of said curve, being a point on the Westerly line of said Lot 23; thence North 01°56'10" West along said Westerly line of Lot 23,a distance of 9.67 feet to a point on said Southerly Existing Right of Way line of State Road 804 (Boynton Beach Boulevard); thence North 88°19'37" East along said Southerly Existing Right of Way line of State Road 804 (Boynton Beach Boulevard), a distance of 92.65 feet to the POINT OF BEGINNING. Containing 1,023 square feet,more or less. RECORDED INSTRUMENT DATE FROM TO O.R.B.&PG. Easement Deed 2/18/1986 Humdeco,Inc City of Boynton 4820/ 1662 Beach,Florida PROVIDED that the CITY has the following rights: 1. The CITY shall have the right to construct,operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT'S current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in the effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the CITY or require the CITY to alter,adjust,or relocate its facilities located within said lands,the FDOT hereby agrees to pay the cost of such alteration,adjustment,or relocation,including,but not limited to the cost of acquiring appropriate easements. Page 2 of 7 f 2. Not withstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The CITY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above,including the right to trim such trees,brush,and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. 4. The CITY agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the CITY exercising its rights outlined in Paragraphs 1 and 3 above. The provision shall not act to waive the City's sovereign immunity under Florida law. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 3 of 7 IN WITNESS WHEREOF,the FDOT hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the presence STATE OF FLORIDA DEPARTMENT of: (Two witnesses required by Florida Law) OF TRANSPORTATION Witness Signature: BY: Name: GERRY O'REILLY,P.E. District Four Secretary Print Witness Name: Attorney approved as to form: Witness Signature: Name: ELIZABETH S. QUINTANA Print Witness Name: STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me by means of physical presence or online notarization,this day of ,20 ,by GERRY O'REILLY, P.E., District Four Secretary,who is personally known by me or who has produced as identification. (SEAL) Notary Public Printed or stamped name of Notary Public My Commission Expires: Page 4 of 7 IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its Board of City Commissioners acting by the Mayor or Vice-Mayor of said Board,the day and year aforesaid. ATT T. jib .IGSe. CITY OF BOYNTON BEACH,a Florida municipal corporation Print Name: aliSigWoS By Its Board of City Commissioners Clerk(or Deputy Cl= ) .i 4TON •owi'r rk e • S�� Ep; i Print Name:,/ v'; `NCOR�R : j• Its Mayor 19 ;. ; (or Vice-Mayor) APPROVED AS TO FORM A '� • ••••••• *� LEGAL SUFFICIENCY- `� FLOR / (Official Seal) By: lJ/�J City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of ✓ physical presence or online notarization, this [ day of . Ccr�bek-- , 20 �� , by 1 1„ er,Se �. , Mayor, (or Vice-Mayor) on behalf of the CITY OF BOYNTON BEACH a Florida municipal corporation, who is personally known io me or who has produced as identification. (SEAL) i iildIZL, /FA e11 Notary Public e:fP4B<, TAMMY L STANZ ION E Commission#GG 306158 Tammy L. Stanzione m I 7 Expires March 25,2023 ''FOFEve Beaded TTMu Budget t4otary Services Printed or stamped name of Notary Public My Commission Expires: 3/d5/2...3 Page 5 of 7 23-UTL.05-07/18 This instrument prepared under the direction of: Elizabeth S. Quintana, Esq. District Four Assistant General Counsel Legal Description prepared by: Luis A.Gaztambide, P.S.M. (01-08-2021) Parcel No. 107.4R Document prepared by: Item/Segment No. 4358041 Diana Helmer(08-30-2022) Section: 93200-2550 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R.No. 804(Boynton Beach Blvd.) 3400 W.Commercial Boulevard County: Palm Beach Fort Lauderdale, Florida 33309 RESOLUTION ��++ �� ON MO ION of �r V"!� r CAUL , seconded by City Commissioner ,the following R s lution was adopted: WHEREAS, a State of Florida Department of Transportation proposes to construct or improve State Road No. 804 (Boynton Beach Blvd.), Item/Segment No. 4358041, Section 93200-2550, in Palm Beach County, Florida:and WHEREAS,it is necessary that certain easement rights now owned by the City of Boynton Beach, Florida, be subordinated to the rights of the State of Florida Department of Transportation;and WHEREAS, said subordination is in the best interest of the City; and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State of Florida Department of Transportation a subordination of utility interest,or interests, in favor of the State of Florida Department of Transportation and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of the City of Boynton Beach, Florida, that the application of the State of Florida Department of Transportation for a subordination of utility interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare; that a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation,in the City of Boynton Beach, Florida, Florida,should be drawn and executed by this Board of City Commissioners. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, Florida 33009. Page 6 of 7 STATE OF FLORIDA CITY OF BOYNTON BEACH I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City Commissioners of the City of Boynton Beach,Florida, at a meeting held on the L041 day of CQW��G' ,20 ._ . 0. 410- ',��.�t`1TON B`� t Print N. r . . 130RATF 0 �• Clerk, Boa . •f City mmissioners ).t 5V AL :y City of Boynton Beach,Florida • "'.\NCO 9 0 192 ` •••••.....••\OQ.� Page 7 of 7 • t r EASEMENT DEED THIS EASEMENT, made this _ /e5241._. day of E_-L u. , 19 S6 , between HIIMuCO. INC. as party of the first part, and the CITY OF BOYNTON BEACH. In the State of Florida, as party of the second part. •WITNESSETH: That the said part_ of the first part, in consideration of the *sum of One ($1 .00) Dol lar and •other valuable considerations paid, the receipt of which is hereby acknowledged, co hereby grant unto the second party, its successors and assigns, a -perpetual easement and right-of-way for the purpose of a rit- 1 easement, over, upon, udder, through and across a the following described land, situate, lying and being in the City Cio of Boynton Beach and State of Florida, to wit: "PROPERTY MORE PARTICULARLY DESCRIBED 00 IN SCHEDULE 'A' ATTACHED HERETO AND MADE A PART HEREOF." TO HAVE AND TO HOLD THE SAME unto the second part, its successors and assigns forever. IN WITNU S WHEREOF. said part of the first part ha S hereunto set 17 . hand(s) and seal (s) the date first (yf) above written. Ci 1,0 3 Signed, sealed and delivered in the presences of:, / p 4, n • , EkL) t` ickePredent nc. • % !/i• li'r[CY'( • :(SEAL) wc.etstirr Tn N 1 �- State of Kentucky a tsi„Mr11.Ta M. ck.rk FA. ••k cr. , mum Count of Jefferson Before me personally appeared Michael A. Hendricks N to me well known and known to me to be the individuals) described -a in and who executed the foregoing instrument and acknowledged before —y Q., me that he executed the same for the purposes therein expressed. D , fU WI'NESS my nevi and official seal this 28th_ day of Go January _ 19 86 le-Gt M,rJ,j (NOTARIAL SEAL) J Office of the City Ckrk NJtary �ubl is ih en • 157—We City of Boynton Fetch , County and State ofrfe•said•. P.O. Box 310 My Commission Expires: Boynton Beach, Florida 3J44a This Instrument pzev ared by: Rotary Public,State at Gatgc,KT 3c /1 ..4. .bis .may My ommis.ion expires Sept.27.19x9 !!11) L �./nr cz it .�a'�'S 3'✓J 7542Os-- 40e Stdle Pa/.n 3ectat, /-7/ .33 yv/ .., I p EXHIBIT "A" LEGAL DESCRIPTION. OF _ A PROPOSED SIX FOOT (6') UTILITY EASEMENT The East six feet (6') of Lots 22 and 29, Block 2, LAKE BOYNTON ESTATES PLAT 1 , as recorded in Plat Book 13, Page 32, Public Records of Palm Beach County. Florida. LESS AND EXCEPT right-of-way dedicated in Official Record Book 2163, Page 1967, and Official Record Book 2194, Page 107, Public Records of Palm Beach County, Florida. Boynton Beach, Florida • • I PN • ti. .JD JD H 'ECORG VERIFIED p PAT BEACH COUNTY.FLA. ty JOHN B.DJNKLE ap CLERK CIRCUIT COURT