R07-056
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RESOLUTION R07- oSlo
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A RIGHT-OF-
WAY WARRANTY DEED CONVEYING PROPERTY
TO PALM BEACH COUNTY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the parcel of land, consisting of approximately 920 square feet,
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previously contained a n active sewage lift station which was owned and operated by the
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City of Boynton Beach; and
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WHEREAS, That lift station has now been replaced with a new lift station
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constructed and the subject site in no longer required fro utilities purposes and should be
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relinquished to the County; and
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WHEREAS, upon the recommendation of staff, the City Commission deems it to
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be in the best interests, safety and welfare of the citizens and residents of the City of
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Boynton Beach to authorize the Mayor and City Clerk to execute the Right-of-Way
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Warranty Deed conveying a former lift station parcel which is adjacent to Old Boynton
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Road.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
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OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "Whereas" clauses are true and correct and are
25 hereby ratified and confirmed by the City Commission.
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Section 2.
The City Commission of the City of Boynton Beach, Florida,
27 hereby authorizes the Mayor and the City Clerk to execute the Right-of-Way Warranty
28 Deed conveying to Palm Beach County a former lift station parcel adjacent to Old
S:\CA\RESO\ROW Warranty Deed.doc
Prepared by:
Michael A. Schroeder, Esq.
SCHROEDER AND LARCHE, P.A.
120 East Palmetto Park Road, Suite 150
Boca Raton, Florida 33432
(561) 241-0300
Property Control No. 08-43-45-20-00-000-0091
K07-DS"b
RIGHT-OF-WAY WARRANTY DEED
THIS RIGHT-OF-WAY WARRANTY DEED made this J2- day of 1'1 AV ,2007,
between CITY OF BOYNTON BEACH, a Florida Municipal corporation, having its principal
place of business at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435,
hereinafter called the Grantor, and PALM BEACH COUNTY, a political subdivision oftbe State
of Florida, whosemailingaddressis301N.OliveAvenue.Suite 601, West Palm Beach, Florida
33401, hereinafter called the Grantee.
WITNESSETH: That Grantor, for and in consideration ofthe sum ofTen ($10.00) Dollars
and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains,
sells and conveys unto Grantee and Grantee's successors and assigns forever, all that certain land
situate in Palm Beach County, Florida, to-wit:
See Exhibit "A" attached hereto and made a part hereof.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging
or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
THIS CONVEYANCE IS MADE SUBJECT TO ad valorem real property taxes and
assessments for the year 2007, and applicable zoning and other land use laws, ordinances, regulations
and restrictions and the matters described on Exhibit liB" attached hereto and made a part hereof.
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AND Grantor does hereby fully warrant the title to said land and will defend the same against
the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day
and year first above written.
Signed, sealed and delivered
~~^~. dJ
~~~d(
Print Name
CITY OF BOYNTON BEACH
a Florida municipal corporation
APPRO'"...:' T) f'"'O:::'1'
''''~'~GRANT~~:U ~ M:n
~y P'-!0P~IEY
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~ err -.
Print Name
STATE OF FLORIDA
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) 55:
COUNTY OF PALM BEACH
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The foregoing ins~nt was acknowledge~ befoJ~ me ~ j ~* day of 1Jt::Jc '
2007 by::::TC/ZJ:Lf IIJ:!/ /-O/!. and JII;t'f 7 . '/l'/JJ VI 70 Mayor City
Clerk respectively oftl1e C~ofBOynton Beach, a Florida municipal corporation, on behalf of the
City. They are ~ personally known to me or have provided
as identi fication.
L~'
Public, State of Florida
My Commission Expires:
My Commission Number:
My Notary Seal:
NOTARY PUBUC-STATE OF FLORIDA
~ Judith A. Pyle
COI1J1I1ission # D0421 091
Expires: APR. 21 2009
Bonded Thru Atlantic Bonding Co., Inc.
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EXHIBIT "A"
LEGAL DESCRIPTION FOR LIFT STATION PARCEL OB-04A
A parcel of land being a portion of the Unnumbered Lot adjacent to Lake Bessie as
shown on the plat of PALM BEACH-MIAMI LAND AND DEVELOPMENT
COMP ANY SUBDIVISION OF SECTION 29 AND 20, TOWNSHIP 45 SOUTH,
RANGE 43 EAST as recorded in Plat Book 7, Page 20 of the public Records of Palm
Beach County, Florida, said parcel being more particularly described as follow:
COMMENCE at the Southwest corner of the Southwest One-Quarter (114) of said
Section 20, Township 45 South, Range 43 East;
THENCE on a grid bearing of NO 1022' 46"W along the West line of said Southwest One-
Quarter (1/4) of said Section 20 a distance of 1222.48 feet to he centerline of Old
Boynton Road;
THENCE N89048'57"E along said centerline of Old Boynton Road a distance of 1192.54
feet;
THENCE NOooll '03"W a distance of20.00 feet to a point on the North right-of-way line
of said Old Boynton Road, said point also being the POINT OF BEGINNING;
THENCE NOo040'57"E a distance of20.00 feet to a point on a line 20.00 feet North of
and parallel with the North right-of-way line of said Old Boynton Road;
THENCE N89048'57"E along said parallel line a distance of 46.01 feet;
THENCE SOo040'57"W a distance of20.00 feet to a point on the North right-of-way line
of said Old Boynton Road;
THENCE S89048'57"W along said North right-of-way line a distance of 46.01 feet to the
POINT OF BEGINNING;
Said parcel situate with the City of Boynton Beach, Palm Beach, County, Florida
containing 920.11 Square Feet:l:.
EXHffiIT B
PERMITTED EXCEPTIONS
1. Restrictions, covenants, conditions, dedications, easements and other matters as contained on the Plat of
Sections 29 and 20, Township 45 South, Range 43 East, according to the Plat thereof, as recorded in Plat Book
7, Page 20
2. Aerial Easement in favor of Florida Power & Light Company recorded in Official Records Book 3231, Page
644.
3. Rights of Reverter as contained in Quit Claim Deed recorded in Official Records Book 2223 Page 752, of the
Public Records of Palm Beach County, Florida
All of the foregoing recorded in the Public Records of Palm Beach County, Florida, the
recital hereof shall not serve to reimpose same.
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SECTION 20 - TOM&P ~ 8OU1H - RANGe 43 eAST
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S:\4\COMMONWEALTH\HARTMAN\CITY OF BOYNTON LIFT STATION\O&E Lift Station. doc
Schroeder & Larche, P.A.
120 East Palmetto Park Road, Suite 150
Boca Ratou FL 33432
(561) 241-0300
FAX: (561) 241-0798
Commonwealth Land Title Insurance Company
OWNERSHIP AND ENCUMBRANCE REPORT
Order No: 51317163CA
Customer Reference No: 1891-00 I SISemblerlBoynton Lift Station
This will serve to certify that Conunonwealth Land Title Insurance Company has caused to be made a search of the Public Records of
Palm Beach County, Florida, ("Public Records") as contained in the office of the Clerk of the Circuit Court of said County, from
August 10, 1973 through April 2, 2007, at 8:00 a.m., as to the following described real property lying and being in the aforesaid
County, to-wit:
See attached Scanned Exhibit "A"
As of the effective date of this Report the apparent record fee simple title owner(s) to the above described real property is/are:
City of Boynton Beach, as evidenced by that certain Quit Claim Deed recorded in Official Records Book 2223, Page 752, of the
Public Records of Palm Beach County, Florida, for the City of Boynton BeachILift Station Parcel.
The following liens against the said real property recorded in the aforesaid Public Records have been found:
1. NONE
NOTE: THE FOLLOWING ITEMS ARE EXCEPTIONS THAT WOUW OTHERWISE BE SHOWN ON A POLICY IF
ISSUED, THIS IS FOR INFORMATIONAL PURPOSES ONLY:
a) Restrictions, covenants, conditions, dedications, easements and other matters as shown on the Plat of SECTIONS 29 AND
20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, according to the Plat thereof, recorded in Plat Book 7, page 20, oftbe
Public Records of Palm Beach County, Florida.
b) Easement as set out and reserved in Official Records Book 3231, Page 644, of the Public Records of Palm Beach County,
Florida.
Public Records shall be defmed herein as those records currently established under the Florida Statutes for the purpose of imparting
constructive notice of matters relating to real property to purchasers for value and without knowledge.
This Report shows only matters disclosed in the aforesaid Public Records, and it does not purport to insure or guarantee the validity or
sufficiency of any documents noted herein; nor have the contents of any such documents been examined for references to other liens
or encumbrances. This Report is not to be construed as an opinion. warranty, or guarantee oftitIe, or as a title insurance policy; and its
effective date shall be the date above specified through which the Public Records were searched. This Report is being provided for the
use and benefit of the Certified Party only, and it may not be used or relied upon by any other party. This Report may not be used by a
Conunonwealth Land Title Insurance Company agent for the purpose of issuing a Conunonwealth Land Title Insurance Company title
insurance commitment or policy.
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In accordance with Florida Statutes Section 627.7843 the liability Commonwealth Land Title Insurance Company may sustain for
providing incorrect information in this Report shall be the actual loss or damage of the Certified Party named above up to a maximum
amount of$I,OOO.OO.
IN WITNESS WHEREOF, Commonwealth Land Title Insurance Company has caused this Report to be issued in accordance with its
By-Laws.
Commonwealth Land Title Insurance Company
BY: SCHROEDER AND LARCHE, P.A.
Authorized Agent
CITY CLERK'S OFFICE
MEMORANDUM
TO:
Lynn Swanson
Paralegal
FROM:
Janet Prainito
City Clerk
DATE:
May 18, 2007
RE:
Right-ot-Way Warranty Deed
Attached for your handling is the original Right-Of-Way Warranty Deed that was
approved by Resolution R07-0S6 on May 15, 2007. I have retained a photocopy in
Central File.
t!l::: 'tn. ~
chment
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