R08-132
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1 RESOLUTION NO. R08-L:?,,:L ::::r-
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3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, co =i -(U -:;:.w
4 FLORIDA, APPROVING AND AUTHORIZING 0 -<;' -=>0.
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5 EXECUTION OF A PERPETUAL ACCESS EASEMENT - ,-utJ 0
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6 AND MAINTENANCE AGREEMENT BETWEEN THE N ~. 1", 0
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7 CITY OF BOYNTON BEACH AND SANT A LUCIA :a::- t)) I~)
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8 HOLDINGS, LLC., IN SUPPORT OF THE CITY'S 9 ~~. en
9 CONSTRUCTION OF THE NEW REGIONAL FORCE N -~o
10 MAIN, AND PROVIDING FOR AN EFFECTIVE DATE. -oJ ~~~
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13 WHEREAS, in 2007, the City issued a task order to the Wantman Group for the ne~ ~
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14 regional force main route selection, detail design, permitting and bidding phases of th~ ~~~
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16 WHEREAS, the attached agreement with Santa Lucia Holdings, LLC., allows the en
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17 City to access the pipeline corridor for the construction of the force main and it's components -I
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18 and commits the City to restore the property of Santa Lucia Holdings, LLC., to it's pre- k)
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19 existing conditions and to maintain the force main and it's components; and (J
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20 WHEREAS, the City Commission upon recommendation of staff, deems it ~:.;.)
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21 appropriate to approve and authorize execution by the Mayor and City Clerk of the Perpetual ~~~
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22 Access Easement and Maintenance Agreement between the City of Boynton Beach and Santa -..\.
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23 Lucia Holdings, LLC. I
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24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF .~~
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25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: '7,J.
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26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 ereof.
29 Section 2. The City Commission of the City of Boynton Beach, Florida does
:ICAIRESOlAgreementAAccess Easement-Santa Lucia-RFM.doc
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1 hereby approves and authorizes the Mayor and City Clerk to execute the Perpetual Access
2 Easement and Maintenance Agreement Between the City of Boynton Beach and Santa Lucia
3 Holdings, LLC., in support of the City's construction of the new regional force main, a copy
4 of which is attached hereto as Exhibit "A".
5 Section 3. That this Perpetual Access Easement and Maintenance Agreement will
6 be recorded in the Public Records of Palm Beach County, Florida.
7 Section 4. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this L~day of November, 2008.
CITY OF BOYNTQ~ BEACH, FLORIDA
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Commissioper- WOOdr2' H
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Commissioner - Marlene Ross
ATTEST:
(Corporate Seal)
:ICAIRESOlAgreementAAccess Easement-Santa Lucia-RFMdoc
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This instrument prepared by:
David N. Tokes, Esquire
Goren, Cherof, Doody & Ezrol, P,A.
3099 E. Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
PERPETUAL ACCESS EASEMENT AND MAINTENANCE AGREEMENT
THIS ACCESS EASEMENT AND MAINTENANCE AGREEMENT made this~~~
day of '(\("YvE' ~be~, 2008, by and between Santa Lucia Holdings, LLC., a Florida limited
liability company ("GRANTOR") whose address is 427 S. Market Avenue, Fort Pierce, Florida,
Florida, 34982, and the City of Boynton Beach ("CITY"), a Florida municipal corporation, its
agents, servants, employees, or contractors, whose address is lOO East Boynton Beach
Boulevard, Boynton Beach, Florida 33435-7934;
WIT N E SSE T H:
WHEREAS, the GRANTOR is the owner of certain parcels of real property located
within the City of Boynton Beach, (hereinafter referred to as the "Property"), more particularly
described as follows:
See Legal Descriptions Attached Hereto as Exhibit "A" and Exhibit "B"
WHEREAS, the GRANTOR will grant a Perpetual Access Easement to the CITY in
order to permit CITY to install and maintain improvements associated with the City's Regional
Force Main within the parcel described in Exhibit "A", in order to improve sanitary sewer utility
services within the CITY; and
WHEREAS, in addition to the Perpetual Access Easement, the GRANTOR does grant a
Temporary construction easement to the CITY in order to permit the CITY to construct the
improvements associated with the City's Regional Force Main within the parcel described in
Exhibit "B"; and
WHEREAS, the City Commission has authorized the expenditure of funds for the CITY
to install the improvements upon grantor's property; and,
WHEREAS, once installed, the improvements will be maintained by CITY, and, if
necessary, further replaced by the CITY; and,
WHEREAS, the GRANTOR will agree not to construct anything of a permanent nature
over, under and within the Easement; and,
Page 1 of 4
WHEREAS, the parties hereto have concluded that the most efficient manner in which to
achieve the purposes and goals set forth above would be through the granting of this Access
Easement to the CITY, together with the right of entry into the Property for the construction and
maintenance of the improvements, and execution of this Perpetual Access Easement and
Maintenance Agreement;
NOW, THEREFORE, in consideration of the mutual promises contained herein and
Ten and no/l 00 ($10.00) Dollars and other good and valuable considerations, the receipt,
sufficiency, and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
1. The aforesaid recitals are true and correct and are incorporated herein.
2. The GRANTOR hereby grants and conveys to the CITY a permanent, perpetual
Easement for the installation and maintenance of improvements associated with the City's
Regional Force Main within the portion of the Property legally described and as depicted on
Exhibit "A" which is attached hereto and incorporated herein by reference. For purposes of this
Agreement, the term maintain may include, at the option of the CITY, the actual installation,
maintenance, repair, replacement, and/or removal, of such parts and/or portions of said
improvements as are deemed to be necessary by the CITY, and in order to serve and promote the
general safety, health and welfare of the citizenry of the CITY.
3. This Easement is a permanent perpetual easement and shall not be changed,
altered or amended except by an instrument in writing executed by GRANTORS and CITY or
their respective successors and assigns.
4. GRANTOR further agrees to sign any applications and documents for any permits
which the CITY may be required to submit to any local, state, or federal agency in association
with the installation and maintenance of the sanitary sewer lift station and associated
improvements. CITY agrees to pay any and all fees associated with obtaining any permits from
any local, state, or federal agency for the installation of the improvements.
5. In association with the GRANTOR's grant and conveyance of the Easement,
GRANTOR agrees to cooperate with CITY in order to obtain any consents and/or agreements
from any person or corporation which holds a mortgage or other property interest in the Property.
GRANTORS agree to sign any applications, documents, and/or amendments to this Agreement
which are required for the mortgage holder to consent to the GRANTOR's conveyance of this
easement to the CITY. CITY agrees to pay any and all fees associated with obtaining any
consents from any mortgage holders, or other entity with a property interest in the Property.
6. GRANTOR also hereby grants and conveys to the CITY a temporary construction
Easement for ingress and egress over that portion of the Property described in Exhibit "B" for
the purpose or purposes constructing the improvements on the Property. GRANTOR
acknowledges that this right of ingress and egress includes any and all temporary access to the
property as depicted in the construction easement which is attached hereto as Exhibit "B" and
incorporated herein by reference, during actual construction and installation of the improvements
by CITY.
Page 2 of 4
7. CITY shall ensure that all of the GRANTOR's property disturbed and used by
CITY pursuant to this Easement is returned to its original condition by CITY as of the date CITY
commenced such use, at the CITY's own cost. This includes any landscaping and fencing
removed as part of the CITY's installation of the improvements. In addition, the CITY agrees to
clear the "scrub brush" located between the Lake Worth Drainage District and CSX Rights-of-
Way.
8. Both the Perpetual and Temporary Easements and all conditions and covenants
set forth herein are intended to be and shall be construed as covenants running with the land,
binding upon and inuring to the benefit of the GRANTOR or CITY, as the case may be, and their
respective heirs, successors and assigns, including, without limitation, all subsequent owners
and/or tenants of the Easement, the Property, and all persons claiming by, through and under
them.
9. In the event of any litigation in connection with this Agreement, the prevailing
party shall be entitled to recover court costs and reasonable attorney's fees.
10. If any provision in this Agreement shall be determined to be invalid by a court of
competent jurisdiction, then such provision or determination shall not affect any other provisions
of this Agreement, all of which other provisions shall remain in full force and effect.
Signed and Sealed the day and year first above written.
GRANTOR
Signed, sealed and delivered in SANTA LUCIA HOLDINGS, LLC
the presence of: a Florida limited liability company
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() M. FLEMl t.Jf::,
Print Name
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Print Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
~Oregoil1 ~&en~ ~ acknowledged before me this ~ day of October, 2008 by
~ 13.._ V LL, _, as IJ'/MA.~E Y a member of the Santa Lucia Holdings, LLC a
Fl ida limited liability compani, who is personally known to me or has produced a Florida Driver's License
as identification.
~ a\. Notary Pubiic State of Flonda
. ~ . Karen T Riseley
~ ;I MyCommlsslonDD554113
Page 3 of 4 Off\: Expires 051181201U
GRANTEE
CITY OF BOYNTON BEACH
ATTEST: a Florida municipal corporation
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STATE OF FLORIDA / APP~(}JL,-
COUNTY OF PALM BEACH CITY ATTORNEY
acknowledged before me this Q '-I day Ai 0 tI ""beA-
of .oGteber, 2008 by
, as Mayor of City of Boynton Beach, on behalf of the City, who is
to me or has produced a Florida Driver's License as identification.
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2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, FL 33411
(866) 909-2220 phone (561) 687-1110 fox
CERT No. 6091 - LB No. 7055
JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA
www.wontmongroup.com
DESCRIPTION .. SKETCH
PREPARED FOR:
THe CITY OF BOYNTON BEACH, FLORIDA
LEGAL DESCRIPTION: Utility Easement
A 12.00 foot wide strip of land lying in a porilon of Section 5, TownshIp 46 South, Range 43
East, Palm Beach County, FlorIda and being a porilon of the lands descrIbed In OfficIal Records
Book 18304, at Page 133 through 135 InclusIve, of the Public Records of Palm Beach County,
FlorIda, and beIng more parilcularly descrIbed as follows:
COMMENCE at the Southeast corner of saId descrIbed lands, the followIng two (2) courses beIng
along the South line of said lands; Thence South 88.09'37" West, for 18.05 feet to the POINT OF
BEGINNING; Thence continue South 88-09'37" West, for 12.68 feet; Thence deparllng said South
line Norih 1 r03'02" East, for 15.41 feet; Thence Norih 62-38'24" East, for 24.24 feet, said point
beIng on a line 12.00 feet West of and parallel wIth the Easterly line of said descrIbed lands
and the Westerly line of the Seaboard Coast LIne Railroad; Thence Norih Ir39'52" East along
saId parallel line, for 803.57 feet, saId poInt being on the Norlh line of saId described lands;
Thence Norih 88-09'25" East along said Norlh line, for 12.73 feet, saId poInt beIng on aforesaId
Easterly line of saId described lands and Westerly line of saId Seaboard Coast LIne Railroad;
Thence deparilng aforesaId Norih line South Ir39'52" West along saId Easterly and Westerly line,
for 812.78 feet; Thence deparilng said Easterly and Westerly line South 62-38'24" West, for 24.17
feet; Thence South 1 r03'02" West, for 6.26 feet to the POINT OF BEGINNING.
Subject to existing easements, rights-of-way, covenants, reservations and restrIctions of record, if
any. ci:l'
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Said lands lying and situate In Palm Beach County, FlorIda. C>
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,. UNLCSS rr BEARS THE SIGNATURE AND THE ORIGINAL RAISED S. WANTMAN GROUP, INC., CeRTIFICATE OF AUTHORIZAnON Na. ::>
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SCAL OF A FLORIDA LICD/SED SU~R AND MAPPER EMPLOYED BY 7OSS, IS ISSUED BY THE FLORIDA DEPARTMENT OF BUSINCSS ~
WANn/AN GROUP. INC.. THIS DRAWING. SKETCH. PlAT OR MAP IS FOR AND PROFESSIONAL REGULATION. <0
INFORMAnONAL PURPOSES ONLY AND IS NOT VALID. AOOIT1ONS OR <0
OELETTONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE --
CERTIFICATION: ""
SIGNING PARTY OR PARnES IS PROHIBITED WITHOUT WRITTEN ~
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CONSENT OF THE SIGNING PARTY OR PARnES. --
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2. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY WANn/AN I HEREBY CERnFY thot the aHached Descriptian and Sketch is true ~
GROUP, INC. FOR EASEMENTS AND RIGHTS-OF-WAY OF RECORD. and correct te> :he best af my knawledge and belief and that it meets l,j
the Minimum TtlChnical Star.dards s.t farth by the Florida Board af <...l
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3. DATA SHOWN HEREON WAS COMPILED FROM OTHER Professional SUlWy0r5 Anc1 Mappers in Chapter 61GI7-6. Florida (2
INSTRUMENTS AND DOES NOT CONSTfTUTE A FIELD SURVEY AS SUCH. Administrative Carle. pl!muutlt ta Chapter 472.027 Flarida Statutes. 18
4. BEARINGS BASED ON AN ASSUMED BEARING ALONG THE WESTERLY Far The Firm: ~
RJGHT-OF-WAY UNE OF THE SEABOARD COAST UNE RAILROAD.. SAID Wantman Group. Inc. <...l
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UNE BEARS SOUTH 1739'S2- WEST AND ALL OTHER BEARINGS WA /-/J~~1r--- co
SHOWN HEREON ARE RELATIVE: THERETO. <:
DATE: 3/3/ [ 0 8 2
DATE: REVISION: BY: BY: ~
DER(I( G. ZEMAN. v~ a
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PROFESSIONAL SURV. R AND MAPPER FLORIDA LICENSE NO. 5655 ~
OffiCE MRG DATE 03/29/0B JOB 407667.01 C
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(866) 909-2220 phone (561) 687-1110 fall
CERT No. 6091 - LB No. 7055
JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA
www.wontmongroup.com
DESCRIPTION ~ SKETCH
PREPARED FOR:
THe CfTY OF BOYNTON BEACH, FLORIDA
LAKE WORTH DRAINAGE DISTRICT NORTH LINE: -.........
LATERAL CANAL L-29 __~--
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---------- LANDS PER / Sss-09'37"IN ) S88"09'37'"W 18.05' ~
(O.R.B. 13997, PG. 1151-1153" P.B.C.R.) I 12.68' r / POINT OF BEGINNING ~
DA TE: REVISION: / I BY:' / ~
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OFFICE MRG DATE 03/29/08 JOB 407667.01 E:
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CHECKED DGZ SHEET 2 OF 2 DWG 6670CUE 4 ;;
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2035 VISTA PARKWAY. SUITE 100 WEST PALM BEACH. FL 33411
(866) 909-2220 phone (561) 687-1110 fax
CERT No. 6091 - LB No. 7055
JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA
www.wantmangroup.com
DESCRIPTION .t SKETCH
PREPARED FOR:
THE CITY OF' BOYNTON BCACH, FLORIDA
LEGAL DESCRIPTION: Temporary Construction Easement
A 40.00 foot wide strip of land lying in a porlion of Secflon 5, Township 46 South, Range 43
East, Palm Beach County, Florida and being a porlion of the lands described in Official Records
Book 18304, at Page 133 through 135 inclusive, of the Public Records of Palm Beach County,
Florida, and being more parlicularly described as follows:
BEGINNING at the Southeast corner of said described lands, said point being the POINT OF
BEGINNING; Thence South 88.09'37u West along the South line of said lands, for 42.44 feet, said
point being on a line 40.00 feet West of and parallel with the Easterly line of said described
lands and the Westerly line of the Seaboard Coast Line Railroad; Thence Norlh 17"39'52u East
along said parallel line, for 830. 11 feet, said point being on the Norlh line of said described
lands; Thence deparllng said parallel line Norlh 88.09'25u East along sold Norlh line, for 42.44
feet, said point being on aforesaid Easterly line of said described lands and Westerly line of said
Seaboard Coast Line Railroad; Thence deparling aforesaid Norlh line South 17"39'52u West along
said Easterly and Westerly line, for 830. 11 feet to the POINT OF BEGINNING.
Subject to existing easements, rights-of-way, covenants, reservations and restrictions of record, if
any.
Said lands lying and situate in Palm Beach County, Florida. ~
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1. UNLESS iT BCARS THE SIGNATURE AND THE ORIGINAL RAISED 5. WANTMAN GROUP. INC.. CER17RCATE OF AUTHORIZATION No. =::>
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SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER EMPLOYED BY 7055. IS ISSUED BY THE FLORIDA DEPARTMENT OF BUSINESS ~
WANTMAN GROUP. INC.. THIS DRAWING. SKETCH. PLAT OR MAP IS FOR AND PROFESSIONAL REGULATION. <0
INFORMATIONAL PURPOSES ONLY AND IS NOT VALlO. ADDITIONS OR <0
DELETIONS TO SU1NEY MAPS OR REPORTS BY OTHER THAN THE ---
CERTIFICATION: '"
SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRiTTEN ~
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CONSENT OF THE SIGNING PARTY OR PARTIES. ---
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2. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY WANTMAN I HEREBY CERTIFY thot the atta.:hed Description and Sketch is true ~
GROUP. INC. FOR E"ASEMENTS AND RIGHTS-OF-WAY OF RECORD. and correct to the ~st ~f my knowledge and belief and that it mHts L.J
the Mi,iimum T ech"io;.;Jl Sf,,,,dards se t forth by the Rorida Bcx1rd of (J
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.3. DATA SHOWN HEREON WAS COUPILED FROA/ OTHER Professional Svrwyors And '-Jop~ff! in Chapter 61GI7-6. Rarida &:
INSTRUMENTS AND DOES NOT CONSTTTlfTE A RELD SU1NEY AS SUCH. Ad".,inisr.-vt/I/q Cede. pursuant f(l Chapt.r 472.027 Rorida Statutes. ~
4. BEARINGS BASED ON AN ASSUMED BCARING ALONG THE WESTERLY F",. The Am;: ~
RIGHT-OF-WAY UNE OF THE SEABOARD COAST UNE RAILROAD. SAID Wl1ntman GrQ:Jp. Int:. (J
UNE BCARS SOUTH 17'.39'52- WEST AND ALL OTHER BEARINGS ~
SHOWN HEREON ARE RELATIVE THERUO. BY: JJ~ @u-- DATE: 3/ ~J/ 08 ~
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DA TE: REVISION: BY: s:
I DEREK G. &EMAN. a
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PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. 5655 L...
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OFFICE MRG DATE 03/29/08 JOB 407667.01 ~
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CHECKED SHEET 1 OF 2 ---
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2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, F'L 33411
(866) 909-2220 phone (561) 687-1110 fox
CERT No. 6091 - LB No. 7055
JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMP A
www.wontmongroup.com
DESCRIPTION ~ SKETCH
PREPARED FOR:
THE CITY OF BOYNTON BEACH. FLORIDA
lAKE WORTH DRAINAGE DISTRICT NORTH LINE --.........
lATERAL CANAL L-29 __~
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LEGEND. I I ~ ~ (j ~ :
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a.R.B. = OfficIal Records Book '/ d' ~
P.B.C.R. = Palm Beach County Records I / ~ ~
P.B. = Plat Book I' I Vj ,\.
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_________-1_____ ----- (O.R.B. 18.:J04, PG. 133-135, P.B.C.R.) is
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lANDS PER I lsstrog'J7'W co
(O.R.B. 13997, PC. 1151-1153/" P.B.C.R.) I 42.44' ~
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DATE: REVISION: BY: ~
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