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R22-178 RESOLUTION NO. R22-178 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 102.3, FOR THE FLORIDA DEPARTMENT OF 7 TRANSPORTATION (FDOT) I-95 AND BOYNTON BEACH 8 BOULEVARD INTERCHANGE IMPROVEMENTS PROJECT; AND 9 PROVIDING AN EFFECTIVE DATE. 10 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 102.3-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 Q 53 54 AT • 5 I Ike 57 Maylee 0'Ai-sus, MPA, C Ty P,•*''�F� 58 City Cl: Mayor 59 60 o�(NjON 8' �I�, APP D AS a FO; r k RATF •. It 61 (Corporate Seal) 16%.,,•0-- T ��y ►; 62 63 1vt 003voik , i Michael D. Cirullo,Jr. 64 �t 192 • City Attorney 4 •1 '••....•• �` •��P� `s, FLO'' 2 S:\CA\RESO\FDOT Utility Easement Subordination Parcel 102.3-Reso.Docx 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. 102.3R 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 SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT entered into this day of Ze xO Y- ,20 ata.,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 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.R.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 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. 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. ATTE sT: 411.- CITY OF BOYNTON BEACH,a Florida municipal corporation Print Name: 0 I 1 By Its Board of City Commissioners Clerk (or Deputy Cl• ) • `cc . i 0:dile F •.•��I� �: AL •:_.� Print Name: to 0• SE i Its Mayor NC 19�TEp:20 ,•• (or Vice-Mayor) APPROVED AS TO FOR ', A1Qe ••• LEGAL SUFFICIENCY: `� . pP_ (Official Seal) By: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of 'I physical presence or online notarization, this day of-O2.Ce` y-\\-N 2c , 20, a , by P e�h�2 � , _Mayor (or Vice-Mayor) on behalf of the CITY OF Bg4'NTON BEACH, a Florida municipal corporation, who is personally known to me or who has produced as identification. (SEAL) /_/�/�' i. I i Notary Public lel rtevo TAMMY STANZIONE Tam y L. Stanzione Commission n#GG 306158 * °=`cfol'° Expires March 25,2023 04,: Bo O4 hs 8440tN�ry, Printed or stamped name of Notary Public My Commission Expires: 3/01 5/A3 Page 5 of 7 23-UTL.05-07/18 This instrument prepared under the direction of: Elizabeth S.Ouintana,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(04-08-2022) 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 ION of Gem issiener \i‘ Or C1rt&Z., , seconded by City Commissioner ,the following R lution was adopted: WHEREAS, e 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/b,�y the Board of t Commissioners of the City of Boynton Beach,Florida, at a meeting held on the day of L� OS"rAke� ,20 0�— . IA" ( Print N. atFr' !' Clerk, Boar. of City C.mmissioners .�NTON `%1 City of Boynton Bea ,Florida Co�VOieORATEN..90 1�1 ; : SVA op- �N 192 ••...... F!S R\�P Page 7 of 7 435804 ► - P Lo2.3 K1y-08-1440 10:28a 90-132599 m m . I r)R2 6445 Py 939 ... City o1 t v9 j ' f! Boynton Lt a. I `‘ EASEMENT UEEU = d(!!R:' (i li•0 . C, Utilities ' 1p arc THIS EASEMENT mode this ./...'5— tiny of / c.�r , 19 1 wedWaT:cr 1 \� f 41 �l`.t/t,C M•P.J_ LR ; �s?r �, !L� N L6'>.. nn par�(�e:iirii.�eltd• tient pnrir end the CITY OF nutrition REACH, to tie State of Finridn, nu party { of the ae.eolldpert. ajil f WLTNE8SECh: that the paid pnrty(In..) of the Ilrut pert, In conoidotn- .oarlaFrt� PJM tine or the num at Doc Hellsr 141.011) mrd other valuable tuu0Ideratlonn F O ,�, pnid, the receipt of uhl••h In hereby nckanuledged, hnrehy grunt unto the , 1 uecnnd party. Ito auccenaorn nod uaaigne, n perpetual easement nod tight- s of-way fur the purl ne of a U�141_rY____ ennemoat, over, upas, under, through nod netann the fel lowing dencrthou lmul, nitwit u, lytoo nod being In 1 the City of Royutnu Bench. Stntc of Mullin, to-wit: a 1 o THE WEST 10 PEET OF THE EAST 25 FEST OF THE SOUTH 100 FEET ,. OF THE FOLLOWING DESCRIBED FARCE .: , THE WEST QUARTER (W.1/41 OF LOT 8 OF THE SUBDIVISION OF SECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO , ✓ PLAT BOOK 1, PAGE 4, LESS THE EAST 3 ACRES AS DESCRIBED IN t DEED BOOK 975, PAGE 125, PUBLIC RECORDS OF PALM BRACH E COUNTY, FLORIDA, LESS THAT PART LYING SOUTH OP THE NORTH RIGHT OF WAY LINE OP Bi.YNTON ROAD (STATE nOAD NO. 804) AND . '.,ESS THE NORTH 2'4 FEET THRRF.CF, SITUATE IN BOyNTou BEACH. r. i PALM BEACH COMITY, FLORIDA. (-!-.1::f;.-; 1 3 r $ ,.H': . ,..1: v.`,cL:ci,''r 3C !�4•1 .—I .Sz TO HAVE ARID 10 HOLD the gems unto thin aecoud party. I to nucceeaorn and annlann forever. IN WITNESS WHEREOF, Rnld party(lea) of the firnt pert have/hag , hereunto not tXp or hnnd(a) and senile) the date first above written. • Signed, peeled and delivered in the presence . , 44 1 . ` . C" ' .,Cr-�.,.' ( _,(((�,((f«rr�z-.{i1LI._P ( I) j. �r&<s'..,� (Seal) r�fr /1' �..� Li A1tUu U `1 O SVATr OF MAULS COUNTY OF PALM BEACII Before tar peraotlul1y appen red /h".1. 9110c;bS `r- I to me wel known and knGwn to me to be the indivldunl(s) doscri)+ed in onduho executed the fore- ugoing iisetrument and acknowledged before me that they executed the name for the • purposes therein capreos d. 1. `� WITNESS my timid and official aeal hula �, day of //=C4J-tcci-( , 1988. i., --I.0 ELIZABETH I RIQIAA g. 7/r�1� /1). A.Ie.�a t `� A • 161aro of FI Ufa NOTARY P LIC tote of Florida at Large ° 'c t���y¢rnyrr��F-+4z 1fylQ/in g 1 ' ts�NDEp q, -,„ 13 a Hy cummioeion expires: iC,/tG/93 1 N t. e g m Min instrument prepnrad by: ' O t2. MW M OG�DVEy�D PALM � R` , S ¢ JOHNS.CAME 4 i Gi to µ � N...O,6.Seerch Page r o1/ Redrafted By Deer,, Prete]5/20/2019809 AY Doc FIPALM 8445-00918 y.3 5 Sod t -1-1. 10D__. ? • • City op,. APR-15-199f 01:2690 91-101071 Boynton rBea0 ORB 6787 Pg 1601 Ito. t''i WO'C.''5' . cacb'Bo va f 0 1,. o.•1jQ p o', Boynton'flax"fl• 33425.0310 m • rye' 1iii • ' City* `.8111 . • /�``ft" 7.•1:610 X11.7'45.9 . (? • CE Rt1F I CAT I O N I. SUZANNE M. KRUSE, CITY Cl"�r5.;. the City of Boynton Beach, Florida, do hereby certify th eP attached two pages plus Exhibit "A is a true and cor Resolution *R91-62 as it appears in the records of ,mac ity of Boynton Beach. Florida. �0 NE M. KRUSE - O• t SU Y• CLERK ,,• ;:�•+ •: �t il 9, 1.991 . t'>' 'tsF.Ae74; America's gateway tee efie Gulfaream :7c• ..i�INNPr°� ¶r!.,mrWl'Cv..n y.wlwr}.�.�r.•.�„ . rr n_..... .. • ORB 6787 Pe 1602 • ' RESOLUTION NO. R9l-6,./ A RESOLUTION OF THE. CITY COMMISSION OF • • THE .CITY OP BOYNTON BEACH, FLORIDA, • ABANDONING A PORTION OF THE OLD BOYNTON ROAD RIGHT-OF-WAY, RESERVING UNTO THE • CITY A UTILITY EASEMENT; THE • • RIGHT-OF-WAY BEING LOCATED ON BOYNTON • BEACH BOULEVARD AT OLD BOYNTON ROAD, Q NORTHEAST CORNER AND BEING MORE PARTICULARLY ' DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ROAD AT-OF-MAY: PROVIDING THAT THE CHED DISCLAIMER BE RECORDED IN THE • IC RECORDS OF PALM BEACH COUNTY, LORIDA; AND PROVIDING AN EFFECTIVE • D • HHEREj•ymond J. Posgay, Eaq., as.„agent for the owners of .1� I, Florida Power & 'Light Company has requested the • .an onment of the hereinafter described road right-of-way; an WHEREAS, cony have been solicited free the appropriate City Depp.. vv ts; and WHEREAS, public ••,ey n•s have been held before the City's Planning and Zon 4,•Qrd and the City Commission on the proposed abandonment; . WHEREAS, based on the �,oing information, the said right-of-way no longer servesiiii.loijul purpose. NOW, THEREFORE, BE IT R ••ES : BY THE CITY COMMISSION OF THE CITY OP BOYNTON BEACH, FLO D1 THAT: Section 1: The City of Bo4;;h Beach, Florida, by and through its City Commission,I hereby abandon a certain right-of-way subject to the rion of a 10 foot. a utility easement along the southernmost 10' of the proposed parcel in favor of this City, located in the City of Boynton Beach, Florida, attached hereto as Exhibit "A". Section 21 The Mayor and City Clerk are hereby. authorized and directed to execute and deliver, the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. xTVOVSh MNIt• ' ORB 678? Ps 1603 $eciion 3, . This Resolution shall .become effective when a 10 foot utility easement• has bean grafted to. .the',• . • City. Section 4. The owners'of Parcel 1, Florida Power & L t Company are responsible for all costs associated With .ova • any. existing utility facilities located is the above -r i9d right of way. `-14S Y.lit,AND ADOPTED THIS a • day of XIAR/G 1991 , CITY OF BOYNTON BEACH, FLORIDA Mayor • "— ice Mayr • Comwlssioner 0 • sioner • ATTEST: (ghCi; Clerk (Corporate. Seal) O Abandow.doc Q 3/27/91 • • • • O . 6787 PSI 1604 y .EXHIBIT "A" • That part of Section 20, Township 45 South, Range- 43 E¢at, Pala Beach County, . Florida, described as• follows: Commence at the Southeast Corner of said Section 20; thence S. 88°02'21"W.,• along • the South. Line of said .Section 20, 1631.39 feet to the easterly right of way line of a fortyfoot road as shown on plat of Subdivision of said Section 20, as recorded in Plat Book 7, page 20 • O of the Public Records of Palm Beach County, Florida; thence N. 0°49'09"E., . along said easterly right of way line, 312.74 feet to line 50 feet 2)0southwesterly of. and parallel with the onterline of Old Boynton Road and the • int of Beginning; thence S. 41°47'42"R., along said parallel line, _4:... .0I feet to a point of curvature of a f�3? . ` � e concave northeasterly with a s of ' 527.47 feet and a central •( � of 3°13144", thence southeasterly, ! a,•1 - e arc of said curve, 29.73 feet; • th (7e- S. 0°00'07W., 37.43 feet; thence S. a °' 'S1"E., 140.34 feet to a line of 53.0,4��yrr±±�� t north of and parallel with the •i erline of .State Road 804 as shown on ,e right of ,way map recorded in RoaN7/4_,:s t Book 2, page 220 of the Public s of Palm -Beach County, Florida; j i ce 8. 89°59'53"E., along said para -., line, 45.67 feet to a , point on • rve concave to the northeast w .0 f+¢dius-of 368.97 feet, a central an• 23°41'37" and a chord bearing N. }r' B'30"W,; thence northwesterly, 1••�° the arc of said curve, 152.58 y to a point of tangency; thence �.t 1°47'42 'W., 110.00 feet; thence S. ° '18"W., •10.00 feet to a line 15.00 f.t3Z.,r theasterly of and parallel with enterline of Old Boynton Road; then - ,. 41°47'42"W., along said parallel 11 27.66 feet to ' the intersection o• �a,e northerly prolongation of the sai' terly right of way line of the f•7 foot road; thence S. 0°49'09"Wang said Point prolongation, 96.00 fe the said Point of Beginning. Containing 28,537 square feet or 0.655 • acre, more or less. • • RECORo VERIFIED PALM BEACH COUNTY.FLA • , JOHN B.OUNKLE • CLERK CIRCUIT COURT I