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R22-177 1 RESOLUTION NO. R22-177 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 100.4, FOR THE FLORIDA DEPARTMENT OF 7 TRANSPORTATION (FDOT) I-95 AND BOYNTON BEACH 8 BOULEVARD INTERCHANGE IMPROVEMENTS PROJECT; AND 9 PROVIDING AN EFFECTIVE DATE. 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 1 S:\CA\RESO\FDOT Utility Easement Subordination Parcel 100.4-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 VVV 43 ,✓ 44 Vice Mayor-Angela Cruz 45 46 Commissioner-Woodrow L. Hay t/ 47 48 Commissioner-Thomas Turkin 49 50 Commissioner-Aimee Kelley V 51 52 VOTE -0 53 5' A • 5' Sa a_ 90 41.----- ___.. ._ 57 Maylee De4 us, MPA, i C""` Ty Pe 58 City Cle k ,,` Mayor 59 o�NTON 8�9\�, 60 ftcr.�o�•e°�'rF• '•.O , APPROVED AS TI'O• ). 61 (Corporate Seal) +o::(�+�A� t', 62 �_: �7 Rp�EO: i W 63 �� \N \920 Michael D. Cirullo,Jr. 64 • it •••......••• Pte' City Attorney 2 S:\CA\RESO\FDOT Utility Easement Subordination Parcel 100.4-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. (01-20-2021) 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 SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT entered into this ( day of .)p(►e,t,n\N p,, 20 , 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. 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 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 Page 2 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 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. ATTES • ,lii t„ 01)1111----- CITY OF BOYNTON BEACH,a Florida A municipal corporation Print Name: Id% i s ,• By Its Board of City Commissioners Clerk(or Deputy Cl-• ) ��NTO/ye.‘1 ((�ovoRAT£.•.� �1 By: / i....00-- i 01.1. ...00000,00,-=-- if-: �` L S Print Name: v: `NCD0,001ED $ Its Mayor II : 192o .• ; (or Vice-Mayor) APPROVED AS TO FORM 4.1 D.'•••.....••'' iLEGAL SUFFICIENCY: `t., FLOR\v!-' /j (Official Seal) By: Vim/ City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was cknowledged before me by means of physical presence or online notarization, this day of V e . 1n Q.�' , 20 as , by "V ` V .0 Cm .¢rrs2 G� , Maya. (or Vice-Mayor) on behalf of the CITY OF BO'7NTON BEACH, a Florida municipal corporation, who is personally known to me or who has produced as identification. • (SEAL) ,!ii moi, i i W40 0 1^4(2 Notary Public Ta my L. Stanzione ��.Puec� TAMMY L STANz10NE :° • ° Commission#GG 306156 : °o` te„MSN 5 O Printed or stamped name of Notary Public f OF My Commission Expires: 3/45702 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. (01-20-2021) 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 MOT ON of bier 1012. fsnatAp4" CYLIZ , seconded by City Commissioner ,the following Resotui)on 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 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 ,20 �. -----�.�� Print am ollMran, l.a ..... Clerk, Boa d of City o missioners T � �ocowi F••� �t� City of Boynton Beach,Florida '..114C° ; , Lg2�It : i •• y . 1�` FLOO)_' Page 7 of 7 y358ot-0 - P. too.14 .The City of APR-15-199i O1:26Ps 91-101071 Boynton Beach. ORB 6787 Ps 1601 100 E.Boynton'Beach Boulevard T.O.BoK310 p ftp Boynton Beach,f(orida 33425.0310 Om r,. . Coy l(all.'(407)7344111 �•> • j.RX:(40i)738.7459 CERTIFICATION I, SUZANNE M. KRUSE, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached two pages plus Exhibit "A", is a true and correct copy of Resolution '•R91-62 as it appears in the records of the City of Boynton Beach, Florida. 8 n NE M. KRUSE C TY CLERK .• ' ., r. April 9, 1991 Americas Gateway to the gu(fstream • a RESOLUTION NO. R91-6,, ORB 6787 P9 1602 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 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, NORTHEAST CORNER AND BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ROAD RIGHT-OF-WAY; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Raymond J. Posgay, Esq. , as agent for the owners of Parcel I, Florida Power s Light Company has requested the abandonment of the hereinafter described road right-of-way; and WHEREAS, comments have been solicited from the appropriate City Departments; and WHEREAS, public .hearings have been held before the City's Planning and Zoning Board and the City Commission on the proposed abandonment; and WHEREAS, based on the foregoing information, the said right-of-way no longer serves any useful purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OP BOYNTON BEACH, FLORIDA THAT: Section 1: The City of Boynton Beach, Florida, by and through its City Commission, does hereby abandon a certain right-of-way subject to the reservation of_ a 10 foot. 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 2: 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. ORB 67$7 Ps 1603 Section 3: This Resolution shall become effective when a 10 foot utility easement has been granted to the City. Section 4. The owners of Parcel 1, Florida Power & Light Company are responsible for all costa associated with moving any existing utility facilities located in the above described right of way. ' PASSED AND ADOPTED THIS ' day of �j�R/G , 1991. CITY OF BOYNTON BEACH, FLORIDA 14,...z.,....,....:e.. 2e — Mayor ice May.r / _ 7 � i .L* 'Commissioner Co i 40rr- Commissioner AT1TEST: Ci • Clerk (Corporate Seal) Abandon.doc 3/27/91 1 a ORB 6767 P9 1604 -11 EXHIBIT "A" That part of Section 20, Township 45 South, Range 43 East, Palm Beach County, Florida, described as follows: Commence at the Southeast Corner of said Section 20; thence S. 88°02'21"N., along the South Line of said Section 20, 1631.39 feet to the easterly right of way line of a forty foot road as shown on plat of Subdivision of said Section 20, as recorded in Plat Book 7, page 20 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 southwesterly of and parallel with the centerline of Old Boynton Road and the Point of Beginning; thence S. 41°47'42"E. , along said parallel line, 225.01 feet to a point of curvature of a curve concave northeasterly with a radius of 527.47 feet and a central angle of 3°13' 44"; thence southeasterly, along the arc of said curve, 29.73 feet; thence S. 0°00'07N., 37.43 feet; thence S. 85°02'51"E. , 140.34 feet to a line of 53.00 feet north of and parallel with the centerline of State Road 804 as shown on the right of way map recorded in Road Plat Book 2, page 220 of the Public Records of Palm Beach County, Florida; thence S. 89°59'53"E., along said parallel line, 45.67 feet to a point on a curve concave to the northeast with a radius- of 368.9 7 feet, a central angle of 23°41'37" and a chord bearing N. 53°38'30"W,; thence northwesterly, along the arc of said curve, 152 .58 feet to c point of tangency; thence N. 41°47'42"W., 110.00 feet; thence S. 48°12'18"W., 10. 00 feet to a line 15.00 feet northeasterly of and parallel with the centerline of Old Boynton Road; thence N. 41°47 '42"W., along said parallel line, 227.66 feet to the intersection of the northerly prolongation of the said easterly right of way line of the forty foot road; thence S. 0°49'09"W., along said prolongation, 96.00 feet to the said Point of Beginning. Containing 28,537 square feet or 0.655 acre, more or less. RECORD VERIFIED PALM BEACH COUNTY,FLA JOHN B.DUNKLE CLERK CIRCUIT COURT vrt- u3 s�3�L� - P. too.4 1 . JUN-29-1994 2:03rs 94-225687 - / ORB 8325 Ps 1986 V 1 Ii.i.1/I111111011/I11 .1170 Con 10.00 Doc EASEMENT 19 94 THIS INDENTURE made this 9th day of May ,A.D. , A. 0, by Checkers Drive-In Restaurants, Inc. a corporation existing under the laws of Delaware and having its principal place of business at Clearwater, FL , first party, to the City of Boynton Beach, a political subdivision of the State of Florida, second party: (Wherever used herein, the terms, "first party" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires. ) WITNESSETH WHEREAS, the first party is the owner of property situate in Palm Beach County, Florida, and described as follows: Legal Attached - see Exhibits A, B, & C and, WHEREAS, the second party desires an easement for water and sewer utilities and/or other appropriate purposes incidental thereto, on, over and across said property, and, WHEREAS, the first party is willing to grant such an easement, NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running and one dollar and other good and valuable considerations, the first party does hereby grant unto the party of the second part, its successors and assigns, full and free right and authority to construct, maintain, repair, install and rebuild facilities for above stated purposes and does hereby grant a perpetual easement on, over and across the above described property for said purposes. , I - • ORB 8325 Ps 1987 IN WITNESS WHEREOF, the first party has caused these presents to be duly executed in its name and its corporate seal to be hereto affixed, attested by its proper officers thereunto duly authorized, the day and year first above written. Signed, sealed and delivered in the prese - - of: / f/ .../ Ai eckers Dri -In •e t. • arkts, Inc. A/� v � % • . , If BY, UNNr Jam-;0"-- .,JrPRESIDD > ,.. " Brow& . .T I.Y r it"(CORP4Rf1TE SEAL) Gun of %.9.424.-41,4--, • COUNTY OF 60GeJt4-a-1 • I HEREBY CERTIFY th_nt on this day, before me, an officer duly authorized in the State and County aforesaid t take acknowledgements personally appeared .Tioow Fs F 4 O . .u a •Q i , we own to me to •- t - •res •ent an. n7W..177: , respectively, of the Corporation corporiinE7Ramed as first party n t e foregoing Easement and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily, under authorfty duly vested in them by said Corporation, and that the seal affixed thereto is the true Corporate seal of said Corporation. WITNESS my hand and oft4cial seal n the County and Ste last aforesaid thisq_ day of , A.D„ !moi. . 4! .— A - ary •u• e n an. or t e tate and County aforesaid. My commission expiresi 110% OFFICIAL S_Jl DIANNE M.AUSTIN My Commission[spiv's il 2t Sd N..4)Comm.AprNu OC19197144 • . . . 4 I • Rotten to:(afloat wll.eddreswd stamped enwMopa) Name After ORB 8325 Ps 1988 Propey Apflurs Pawl Nanette n Tabu)Numbs$ EXHIBIT A '• ••••••• SKETCH MO L■ SOM T* 4 PULICE LAND SEYURVEYORS, INC. nm Nos P&L MAO UMW FL/MON 50001 (US) 572-1777 • FAX (305) 572-1775 _ LEGAL DESCRIPTION: A portion of Section 20. Township 45 South, Range 43 East, Palm Beach County. Florida, being more particularly described as follows: C0)S!NCE at the Southeast corner of said Section 20; thence run South 88°02'21" Vast along the South line of said Section 20 for a distance of 1631.39' feet to the Easterly right-of-way line of a forty foot road as shown on the plat of subdivision of said Section 20, as recorded in Plat Book 7 at Page 20 of the public records of Palm Beach County. Florida; thence run North 00'49'09" East along said East right-of-way line for a distance of 106.84 feat to a point; thence run South 44'10'51" East for a distance of 27.89 feet to a point; thence run South 89' 59'53" East for a distance of 60.00 feat to the POINT OF BEGINNING; thence run North 00'00'07" East for a distance of 32.00 feet to a point; thence run South 89'59'53" East for a distance of 12.00 feet to a point; thence run South 00'00'07" West for a distance of 32.00 feet to a point; thence run North 89.59'33" Neat for a distance of 12.00 feet to the POINT OF BEGINNING. (containing: 384 square feet) • NOTES: Tr-This sketch does not represent a Field Survey. 2) Bearings are based on the South line of Section 20 being South 88'02'21" West. Q I \ CHECKERS 1 e. 8171E .oats OF =; !; § I ecarw:wo BOYNTON BEACH BOULEVARD — -- — morn use aocnat:a-+a-a A — seetrstti:ta.1.14 • Lc Cana=OM 10-411-43 Itr CHECKERS DRIVE-IN RESTAURANTS *CALM' OME9 NO, 28512C Lorcaz DATE 5-3-94 2 • or(� Boynton Beach Blvd/New Old Boynton Road CHECKERS DRIVE-IN RESTAURANTS John F. rums. Reg.Lane Sunosr peel PON Michael Charles NEss u RR Mafia v fwyer of Li) Return la(wine Weddresie0 stamped. RECORDER'S WINO:LdbWt1 _ of Vidtbss.'rifts re Printing unsatisfactory in this tiocussant whorl rse ivsd. ORB 8325 Pi 1989 Prow,wpnewrI Parcel Identification(Form}Ibmbeipo: IBIT B 6KEn l ma,LiWL DSBSOttif'nON 8Y PULICE LAND SURVEYORS, INC. OM NOS PSL 11OAD 010011111.FLORIDA swot 30 67 -1777 • F_._ 87 —177 LEGAL•DESCRIPTION: A portion of Section 20. Township 45 South. Rang. 43 East, Palm Beach County, Florida, being more particularly described as follows: COMMENCE at the Southeast corner of said Section 20; thence run South 88402'21" West along the South line of said Section 20 for a distance of 1631.39 feet to the Easterly right-of-way line of a forty foot road as shown on the plat of subdivision of said Section 20, as recorded in Plat Book 7 at Page 20 of the public records of Palm Beach County, Florida; thence run North 00'49'09" East along said East right-of-way line for a distance of 106.64 feet to a point; thence run South 44'10'51" East for a distance of 27.89 feet to a point; thence run South 89' ' 59'53" East for a distance of 118.95 feet to the POINT OF BEGINNING; thence run North 00'00'07" East for a distance of 25.00 feet to a point; thence run South 89'59'53" East for a distance of 12.00 feet to a point; thence run South 00'00'07" West for a distance of 25.00 feet to a poiflt; thence run North 89'59'53" West for a distance of 12.00 feet to the POINT OF BEGINNING. (Containing 300 square feet) NOTES: 1 Th s sketch does not represent a Field Survey. 2) Bearings are based on the South line of Section 20 being South 88°02'21" West. II* CFRBerrs \ \ 2 I - - - - - PONT CI •• •-. Q MINNOW BOYNTON BEACH BOULEVARD ' VI SOUTH moa=TM 10-46-43 • •••—•714 • ---•••• • -- • - . - ' '--. ' as oaY,'+s iaa,.rr • rosy cc coir LC COMO*COON 46-e6-43 /Llr CHECKERS DRIVE-IN RESTAURANTS SCALE 1" - 50' ORDER NOt 285125 OATS 5-3-94 Y4111.7 Boynton Beach Blvd/New Old Boynton Road Boynton Beach, Florida John Ir • Michael Awake Rea. �d lawyer��.31111t PORI CHECKERS DRIVE-IN RESTAURANTS State of Plerhie 02) 1 Retvm to(endow adtadd?SUW stamped NOW Mint ORB 8325 Fe 1.990 DOROTHY H RUCH CLERK OF THE COURT - PB COUNTY, FL Newly Appnwera Pool ldentieeatwn(Few)K bej*Y EXHIBIT C acempt Ito utowt.DesewnoI BY gill PULICE LAND SURVEYORS INC. tom Not PILL ROAD Mill woes,R ONDA SWIM (3Ci5 572-1777 •• FAX (305) 572-1778 _ LEGAL DESCRIPTION: A portion of Section 20, Township 45 South. Range 43 East, Palo Beach County, Florida, being more particularly described as follows: COMMENCE at the Southeast corner of said Section 20; thence run South 88'02'21" West along the South line of said Section 20 for a distance of 1631.39 feet to the Easterly right-of-way line of a forty foot road as shown on the plat of subdivision•of said Section 20, as recorded in Plat Book 7 at Page 20 of the public records of Pala Beach County, Florida; thence run North 00'49'09" East along said East right-of-way line for a distance of 106.84 test to a point; thence run South 44°10'51" East for a distance of 27.89 feet to a point; thence run South 89° 59'53" East for a distance of 254.64 feet to the POINT OF BEGINNING: thence continue South 89° 59'53" East for a distance of 26.85 feet to a point on a curve, concave to the Northeast. the canter of which bears North 30'54'18" East from said point; thence run Southeasterly along the arc of said curve, having a radius of 477.47 feet thru a central angle of 03'1l'10" for an arc distance of 26.55 feat to a Point of Cusp; thence run North 75'25'41" West for a distance of 51.66 fast to the POINT OP BEGINNING. (containing: 171 square feet) NOTES: 1) This sketch does not represent a Field Survey. 2) Bearings are based on the South line of Section 70 being South 88°02'21" West. oiI \ C I CHECKERS N SITE N N.• lig N se.ara„ PONT a► I WMitiNew stet 1 BOYNTON BEACH BOULEVARD I — soun+�team+to-46-4: • S,t12Yt'w test.»' nets r ceeloac ort �• &L Mimi MOM 10-45-41 PLO CHECKERS DRIVE-IN RESTAURANTS SCALD OMNI NO.s 28512A Matermai n inrrnarhmnnr �� ONTO 5-3-94a........ 5'� Boynton Beach Blvd/Naw Old Boynton Road Boynton Beach, Florida Mlahad Jel1n F. Pailleetites.WM lamed.2811 Males Iles.Lead laeneast.2111 I°1OPO CHECKERS DRIVES-IN RESTAURANTS M awl* C 3)