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R12-0231 2 3 4 5 6 7 101 11 12' 13', 14' 15 16, 17, 18 19' 20' 21 221 23� 24j 25j 261 27, 28 29'' RESOLUTION R12 -023 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY FOR THE CONVEYANCE OF THE PRESERVATION PROPERTY LOCATED ADJACENT TO THE RELOCATED CITY PARK AT THE NEW GALAXY ELEMENTARY SCHOOL SITE; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE INTERLOCAL AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the School Board is willing to convey the Preservation Property to the City subject to certain use restrictions and with a reversionary right on the Preservation Property; and WHEREAS, the City is willing to construct improvements on the Preservation Property and be responsible for any fees, permits, use and maintenance costs, and adequate security of the Preservation property; and WHEREAS, the parties mission is to utilize the Preservation Property and i improvements to further environmental education, environmental stewardship, environmental research and environmental curricula serving all ages and education levels; and WHEREAS, it is the desire of the City and the School Board of Palm Beach I County to enter into an Interlocal Agreement outlining the cooperation in the development of the Preservation Property by providing to each other certain rights and benefits in accordance with the terms and conditions contained in the Interlocal Agreement. Document in Windows Internet Explorer 1 1 2 3 4 5, 7, 8' 9� 10 ' 11� 12 i ' 14 16 �i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the Interlocal Agreement between the City of Boynton Beach and School Board of Palm Beach County for the conveyance of the Preservation Property. Section 3. The Mayor and City Clerk are authorized to execute the Interlocal Agreement on behalf of the City of Boynton Beach, a copy of which is attached hereto as Exhibit "A ". Section 4. That this Resolution shall become effective immediately upon passage. [Remainder of page intentionally left blank] Document in Windows Internet Explorer I i K 1 2 3 4 5 6 7' 9 if 12 14! 15 18i 191 20i 21' 221 1 23! 241 2511 2 27 28 i s PASSED AND ADOPTED this 201h day of March, 2012. CITY F BOYNTON BEA H, FLORIDA May VV o ay ViceM*r -- - �illiarn Orlove --Cvffj;i< - Mack Mc C mmiss1we(- SZen Zl Commissioner - Marlene Ross ATTEST: k m .LPL JJ it et "nito, MMC MPrai tM-P i v ty Clerk (Corpd Document in Windows Internet Explorer 3 j R l -Ca3 THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA THE CITY OF BOYNTON BEACH FOR THE CONVEYANCE, DEVELOPMENT AND MUTUAL USE OF THE PRESERVATION PROPERTY This Interlocal Agreement ( "Agreement ") entered into this a0 of 1'iahz4 , 2012, by and between the School Board of Palm Beach County, Florida, (the "School Board"), a corporate body politic existing under the laws of the State of Florida and the City of Boynton Beach, Florida, ( "City ") a Florida municipal corporation. The School Board and City are hereinafter individually referred to as the "Party" or collectively as the "Parties ". WITNESSETH: WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as defined therein, to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the School Board owns certain real property described on Exhibit "A" attached hereto and incorporated herein by reference adjacent to the future City Replacement Park ( "Preservation Property"): and WHEREAS, the School Board is willing to convey the Preservation Property to the City subject to certain use restrictions and with a reversionary right on the Preservation Property; and WHEREAS, the City is willing to accept title subject to certain use restrictions and a reversionary right on the Preservation Property; and WHEREAS, the City is willing to construct improvements on the Preservation Property and be responsible for any fees, permits, use and maintenance costs, and adequate security of the Preservation Property. The City shall communicate any plans with the Fish and Wildlife Conservation Commission; and WHEREAS, the parties' mission is to utilize the Preservation Property and improvements to further environmental education, environmental stewardship, environmental research and environmental curricula serving all ages and educational levels; and 1 WHEREAS, the School Board and the City desire to cooperate in the development of the Preservation Property by providing to each other certain rights and benefits in accordance with the terms and conditions contained herein; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS CONTAIIVED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS: SECTION 1: INCORPORATION OF RECITALS. The above recitals are true and incorporated as though fully set forth herein. SECTION 2: DEFINITIONS. The following terms when used in this Interlocal Agreement shall have the following meanings: (a) Closing. The delivery of a Deed by the School Board to the City. (b) Closina Date. The Closing for the conveyance of the Preservation Property to the City shall occur not later than thirty (30) days following School Board's approval of this Interlocal Agreement. It is currently anticipated that the Closing under this subparagraph will be held no later them May 1, 2012. (c) Deed A Special Warranty Deed, which shall convey the Preservation Property from School Board to City, substantially in the form attached as Exhibit "B ". (d) Effective Date. The Effective Date of this Agreement shall be the date upon which this Agreement is executed by both parties. (e) School Board's Address. School Board's mailing address is Director, Planning and Real Estate Services, 3300 Forest Hill Blvd., Suite C -110, West Palm Beach, FL, 33406 with a copy to Chief Counsel, P.O. Box 19239, West Palm Beach, FL 33416. (f) Citv's Address. City's mailing address is P.O. Box 310, Boynton Beach, FL, 33425 -0310, with copy to Donald J. Doody, Esquire, 3099 E. Commercial Boulevard, Fort Lauderdale, Florida 33308. (g) Title Inspection Period. Shall mean fifteen (15) days after receipt of a title commitment for the Preservation Property. (h) Other Definitions. The terms defined in any part of this Agreement shall have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of each gender shall be deemed to comprehend either or both of the other genders. As used in this Agreement, the terms "herein ", "hereof' and the like refer to this Agreement in its entirety and not to any specific section or subsection. SECTION 3: DEVELOPMENT OF PRESERVATION PROPERTY. The City shall, at its expense, construct a Greenway, nature trail, sidewalk and pathway markers, maintain the Preservation Property, be responsible for the cost, care and maintenance of the K Preservation Property, and the cost of all fees and permits. The City acknowledges that The Education Foundation of Palm Beach County ( "EFPBC "), on behalf of the School Board, has received a $20,000 grant from The Batchelor Foundation, Inc. ( "Batchelor ") to fund the purchase of trees and improvements to benefit gopher tortoises on the Preservation Property, as set forth in the EFPBC's proposal letter dated November 2, 2011 to Batchelor. The City agrees to cooperate with the EFPBC regarding the expenditure of the grant funds. SECTION 4: CONVEYANCE OF PRESERVATION PROPERTY. (a) Within fifteen (15) days after the Effective Date: (i) the City may, at its option and expense, obtain a title commitment (a "Commitment ") from an authorized title agent (the "Title Agent ") for the issuance of an ALTA Form "B" Marketability Owner's Title Insurance Policy (the "Title Policy ") covering the Preservation Property (the "Title Company "); (ii) the City may, at its option and expense, obtain a survey of the Preservation Property (a "Survey ") which shall be prepared by a registered land surveyor, certify the acreage of the parcel to 1 /100 of an acre and be certified to the Parties, the Title Agent and counsel for the City. (b) Within fifteen (15) days after receipt of the Commitment covering the Preservation Property, respectively, and the Survey (the "Title Review Period "), the City shall deliver to the School Board written notice (the "Title Objection Letter ") of any matters set forth in the Commitment or on the Survey to which it objects (the "Title Defects "). Within ten (10) days after the Title Review Period (the "Title Response Period "), the School Board shall advise the City in writing (the "Title Response Letter ") which Title Defects it will satisfy and /or correct by Closing, and the School Board shall be obligated to satisfy and /or correct all Title Defects that it agrees to satisfy and /or correct in its Title Response Letter. If the School Board refuses to satisfy and /or correct by Closing all of the Title Defects set forth in the Title Objection Letter it received, then the City shall have the right, but not the obligation, to terminate this Agreement by giving written notice of such termination to the School Board within five (5) days after the Title Response Period (the "Title Termination Period "), whereupon, this Agreement shall terminate and the Parties shall be released from any and all obligations, each to the other, under this Agreement. (c) If the City fails to deliver a Title Objection Letter to the School Board prior to the expiration of the Title Review Period, then (except as otherwise expressly set forth in subparagraph (d) below) all matters shown in the Commitment and on the Survey shall be "Permitted Exceptions" (as hereinafter defined). If the School Board fails to deliver a Title Response Letter to the City prior to the expiration of the Title Response Period, then none of the Title Defects set forth in the Title Objection Letter received by the School Board shall be Permitted Exceptions. If a Party fails to terminate this Agreement prior to the expiration of the Title Termination Period, then such Party shall have waived its right to terminate this Agreement under this subparagraph (c). Except as otherwise provided in subparagraph (d) below, the term "Permitted Exceptions" shall mean: (i) real property taxes for the year of Closing and subsequent years not yet due and payable; and (ii) those Schedule B -ll Exceptions of a Commitment and those matters shown on a Survey: (1) that the City does not object to 3 in its Title Objection Letter; (2) that are objected to in its Title Objection Letter but which the School Board refuses to satisfy and /or correct as set forth in its timely given Title Response Letter; (3) apply only to the City (e.g., certificates of good standing, resolutions, etc.). (d) Notwithstanding anything to the contrary contained in this Agreement (including, without limitation, subparagraphs (b) and (c) above), none of the following shall be Permitted Exceptions: (i) the Schedule B -1 Requirements of a Commitment (other than those that specifically apply only to the City); (ii) the Schedule B -II Standard Exceptions of a Commitment (other than the standard survey exception); (iii) any claim, lien, charge or liability affecting the Preservation Property covered by a Commitment that can be satisfied and discharged at Closing by payment of a liquidated amount (including, without limitation, mortgages and related loan documents); and (iv) any matter of record whether or not created (or permitted to be created) by, through or under the School Board first appearing in the public record or first known to the City after the original effective date of such Commitment. On or before Closing, the School Board shall be obligated to have satisfied, deleted and /or discharged from the Commitment and /or public record, as applicable, all matters set forth in (i) through (iv) above. (e) The City shall pay: (i) the cost of the Commitment; (ii) the cost of the premium for the "Title Policy" (as hereinafter defined) for the Preservation Property; (iii) the cost of the Survey; (iv) the cost of recording the "Deed" (as hereinafter defined); and (v) the cost of satisfying and correcting title and survey matters in accordance with subparagraph (d). (f) At Closing, the School Board shall deliver the Deed, in recordable form, conveying to the City good, marketable and insurable fee simple title to the Preservation Property, subject only to the use restrictions and reversionary rights set forth in the Deed and the Permitted Exceptions. The Deed from the School Board to the City shall contain the use restrictions and reversionary rights substantially in the following form: As a material inducement to Grantor to convey the Property to Grantee and as part of the consideration for this conveyance, Grantor hereby imposes a restrictive covenant on the Property that it be used only for public park purposes and Grantee, for itself and its successors and assigns, covenants and agrees to abide by such restrictive covenant and not to permit such land to be used for any purpose contrary to or inconsistent with the permitted use. Grantee accepts this conveyance subject to such restrictive covenant and acknowledges that it runs with the title to the Property. It is the intent of the parties that the restrictive covenant and reversionary rights set forth herein shall not be subject to the limitations set forth in §689.18(4), F.S. as this deed constitutes a conveyance to a governmental entity under the provisions of §689.18(5), F.S. The foregoing restrictive covenant and reversionary rights may only be amended, released or terminated by recording an appropriate document amending, waiving or terminating such restrictive n covenant and reversionary rights, executed by the Grantor or its successors in interest. TO HAVE AND TO HOLD unto the City and the City's successors and assigns in fee simple forever, PROVIDED, however, that should the Property not be used for a public park purpose for a period of twelve (12) consecutive months, then in addition to all other rights and remedies available to Grantor at law and /or in equity, the Grantor has the right, but not the obligation, to require Grantee, upon delivery of written notice to Grantee, to, within thirty (30) days, convey back the Property to Grantor free and clear of all liens, encumbrances and other matters of title, other than those matters already encumbering the Property on the date this deed is recorded and free and clear of all environmental conditions in violation of any applicable environmental laws. This reverter right is created pursuant to that certain Interlocal Agreement between The School Board of Palm Beach County, Florida and The City of Boynton Beach For The Development and Mutual Use of The Preservation Property dated (g) A "Title Affidavit" in usual and customary form, together with any other affidavits, documents or other information necessary to satisfy and /or delete: (i) the Schedule B -1 Requirements of the Commitment covering the Property then being conveyed; (ii) the Schedule B -11 Standard Exceptions of the Commitment covering the Property then being conveyed (including, without limitation, the "gap exception ", the "mechanic's lien exception ", and the "parties -in- possession exception "); and (iii) all other matters that are not Permitted Exceptions. (h) An affidavit confirming that the School Board is not a "foreign person" within the meaning of the U.S. tax laws and to which reference is made in the Internal Revenue Code, Section 1445, as amended. (i) Closing, unless otherwise extended pursuant to the terms of this Agreement, shall take place at the law offices of the counsel for the City. Closing may be extended by mutual agreement of the Parties and evidenced by an amendment to this Agreement. For purposes of this subparagraph, the School Board's Superintendent, or his designee, shall be authorized to approve any extension of Closing and is authorized to execute an amendment to this Agreement extending the Closing on behalf of the School Board without the need for any further action or approval of the School Board. For purposes of this subparagraph, the City's City Manager shall be authorized to approve any extension of Closing and is authorized to execute an amendment to this Agreement extending the Closing on behalf of the City without the need for any further action or approval of the City Commission. SECTION 5: PERMITS FOR CONSTRUCTION OF IMPROVEMENTS. The City shall be responsible for all fees and shall be responsible for obtaining the necessary building permits required for the construction of the improvements described in this Agreement. The City shall have primary responsibility and the School Board shall cooperate and assist the City in obtaining all necessary permits from third -party 5 regulatory agencies, including but not limited to the South Florida Water Management District. SECTION 6: MUTUAL USE OFPRESERVATION PROPERTY The School Board shall have the exclusive right to use the Preservation Property during normal school hours, inclusive of normal after - school operational hours ( "School Hours "). The City shall have use of the Preservation Property during weekdays after School Hours, student school holidays, weekends and all other times that the School is closed. The City shall be responsible for the perpetual maintenance of the Preservation Property at its sole cost and expense. All regular maintenance of the Preservation Property by the City shall be conducted after School Hours, on student school holidays or weekends, holidays or summer break. In the event that the City determines that maintenance of the Preservation Property must be done during School Hours as a result of exigent circumstances, the City shall notify the Galaxy Elementary School Principal in advance of the nature and duration of the work and shall take reasonable precautions to protect the safety of students, faculty and staff while the work is being performed. SECTION 7: DEFAULT. The parties agree that, in the event any party is in default of its obligations under this Agreement, the non - defaulting party shall provide to the defaulting party thirty (30) days written notice to cure the default. In the event the defaulting party fails to cure the default within the thirty (30) day cure period, the non - defaulting party shall be entitled to seek any remedy available to it at law or equity, including, but not limited to, the right to terminate this Agreement and seek damages, if any or specific performance. SECTION 8: DISPUTE RESOLUTION. In the event an issue arises which cannot be resolved between the Galaxy Elementary School Principal and the City's Director of Recreation Services regarding the interpretation or application of any provision of this Agreement, the dispute shall be referred to the Board's Chief of Support Operations (or the individual in the equivalent position in the event that the Chief of Support Operation position no longer exists) and the City Manager who shall both make a good faith effort to resolve the dispute. SECTION 9: NOTICE. Unless otherwise specifically provided herein, all notices to be given hereunder shall be in writing and sent to the School Board Address or City Address, by hand delivery; certified mail, return receipt requested, postage prepaid; by a nationally recognized overnight courier service; or by facsimile transmission. Any such notice shall be deemed given upon the earlier of receipt by the addressees if hand delivered (or attempted delivery if refused by the intended recipient thereof), on the next business day after deposit with a recognized overnight courier service, on the day given if sent by facsimile transmission provided that the party making such delivery receives an electronic confirmation setting forth the proper phone number receiving such facsimile transmission and that the entire transmission has been properly received by the to addressee without communication error, or on the third (3` day following deposit thereof in the United States mail. SECTION 10: GOVERNING LAW AND VENUE. This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. SECTION 11: EQUAL OPPORTUNITY PROVISION. The parties agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, sexual orientation or gender identity or expression be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. SECTION 12: CAPTIONS. The captions and section designations set forth herein are for convenience only and shall have no substantive meaning. SECTION 13: SEVERABILITY. In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. SECTION 14: ENTIRETY OF AGREEMENT. This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. SECTION 15: INCORPORATION BY REFERENCE. Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. SECTION 16: AMENDMENT. Except as otherwise provided for in this Agreement, this Agreement may be modified and amended only by written instrument executed by the parties hereto. SECTION 17: WAIVER. No waiver of any provision of this Agreement shall be effective against any party hereto unless it is in writing and signed by the party waiving such provision. A written waiver shall only be effective as to the specific instance for which it is obtained and shall not be deemed a continuing or future waiver. 7 SECTION 18: CONSTRUCTION. Neither party shall be considered the author of this Agreement since the parties have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. SECTION 19: FILING. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County pursuant to Section 163.01 (11), Florida Statutes. SECTION 20: EFFECTIVE DATE. This Agreement shall become effective when approved and executed on behalf of both of the Parties and filed with the Clerk of the Circuit Court in and for Palm Beach County. SECTION 21: NO THIRD PARTY BENEFICIARIES. This Agreement is made solely and specifically among and for the benefit of the Parties hereto, and their respective successors and assigns subject to the express provisions hereof relating to successors and assigns, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third -party beneficiary or otherwise. SECTION 22: ASSIGNMENT. Neither this Agreement nor any interest herein may be assigned, transferred or encumbered by either party without the prior written consent of the other party. There shall be no partial assignments of this Agreement including, without limitation, the partial assignment of any right to receive payments. SECTION 23• ATTORNEY'S FEES. Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to the Agreement. SECTION 24: AUTHORITY. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. SECTION 25: BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. FQ SECTION 26: COMPLIANCE WITH LAWS Each party shall comply with all applicable federal and state laws, codes, rules and regulations in performing its duties, responsibilities and obligations pursuant to this Agreement. SECTION 27: CONSTRUCTION. The parties acknowledge that they have sought and obtained whatever competent advice and counsel 'as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to herein expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. SECTION 28: COUNTERPARTS. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. SECTION 29: TERM OF AGREEMENT. This Agreement shall run in perpetuity unless terminated by mutual agreement of the parties. SECTION 30: FORCE MAJEURE. No party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of any party, and which cannot be overcome by reasonable diligence and without unusual expense ( "Force Majeure"). In no event shall a lack of funds on the part of any party be deemed Force Majeure. SECTION 31: NO AGENCY RELATIONSHIP. Neither party is an agent or servant of the other. No person employed by either party to this Agreement, shall in connection with the performance of this Agreement or any services or functions contemplated hereunder, at any time, be considered the employee of the other party, nor shall an employee claim any right in or entitlement to any pension, worker's compensation benefit, unemployment compensation, civil service, or other employee rights or privileges granted by operation of law or otherwise, except through and against the party by whom they are employed. SECTION 32. RECORDS. E Each party shall maintain its own respective records and documents associated with this Agreement in accordance with the records retention requirements applicable to public records. Each party shall be responsible for compliance with any public documents request served upon it pursuant to Section 119.07, Florida Statutes, and any resultant award of attorney's fees for non - compliance with that law. SECTION 33: SURVIVAL. Provisions contained in this Agreement that, by their sense and context, are intended to survive the suspension or termination of this Agreement, shall so survive. SECTION 34: WAIVER OF JURY TRIAL. EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. r �� �L CITY OF BOYNTON BEACH, FLORIDA, ' k ,, a Florida munici al corporation V''''' BY: Z?4/z* � °' ,4,‘„,,!:'„',114::7 � "' ITS: , Mayor Attest: REVIEWED AND APPROVED AS TO BY: LEG ORM 0....D._ 1 r IT . City Clerk City ttorney's O . City Commission Approval Date: - .at - l � Date: 3 - 2_ / - ii-- THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA REVIEWED D APPROVED AS TO • L FO "p BY' School Board Attomey Frank A A v , Jr. Esq. ' " an x . 3. 11 " Date: 3 e. 2 1 ii Z BY a E Wayne Gen - u•erinte de Board Approv; r ate: 3" 10 111111111111111111111111131 CFN 20120159997 OR BK 25156 PG 0549 RECORDED 04/23/2012 17:49:34 Pais Beach County, Florida This instrument prepared by: AMT 10.00 Blair LittleJohn, Esq Doc St 0.70 School Board of Palm Beach County, Florida Sharon R. Bock, CLERK & COMPTROLLER 3318 Forest Hill Blvd. C -302 Pgs 0549 - 552; t 4pgs West Palm Beach, FL 33406 RETURN TO. Office of the City Clerk City of Boynton Beach P. 0. Box 310 PCNs Boynton Beach, Florida 3342` ( S p ace Reserved for Clerk of Court) This SPECIAL WARRANTY DEED, is made and given this a Fi of ! , 20 /a , by the School Board of Palm Beach County, Florida, a corporate body politic pursuant to the constitution of the State of Florida (the "Grantor"), to and in favor of the City of Boynton Beach, Florida, a Florida municipal corporation, whose address is P.O. Box 310, Boynton Beach, FL, 33425 -0310 (the "City "). GRANTOR, for and in consideration of Ten and No /100 ($10.00) Dollars and other good and valuable consideration paid by City, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained and sold, and by these presents does hereby grant, bargain and sell, to City, and City's heirs, successors and assigns forever, the following property situate, lying and being in Palm Beach County, Florida (the "Property "), to -wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF THIS CONVEYANCE is subject to: (a) taxes and assessments for the year 20 and subsequent years not yet due or payable; (b) all laws, ordinances, regulations, restrictions, prohibitions and other requirements imposed by governmental authority, including, but not limited to, all applicable building, zoning, land use and environmental ordinances and regulations; (c) easements, conditions, restrictions, matters, limitations and reservations of record, if any, but this reference shall not operate to reimpose any of the same; and (d) matters which would be disclosed by an accurate survey of the Property. Pursuant to Section 270.11, Florida Statutes, the Grantor has elected not to reserve any phosphate, minerals, metals or petroleum interests in the subject property. As a material inducement to Grantor to convey the Property to Grantee and as part of the consideration for this conveyance, Grantor hereby imposes a restrictive covenant on the Property that it be used only for public park purposes and Grantee, for itself and its successors and assigns, covenants and agrees to abide by such restrictive covenant and not to permit the Property to be used for any purpose contrary to or inconsistent with the permitted use. Grantee accepts this conveyance subject to such restrictive covenant and acknowledges that it runs with the title to the Property. It is the intent of the parties that the restrictive covenant and reversionary rights set forth herein shall not be subject to the limitations set forth in §689.18(4), F.S. as this deed constitutes a conveya c oyern I entity under the provisions of §689.18(5), F.S. The foregoing restrictive cove fif anti r6 cOnary rights may only be amended,Crileibed or tieiinir aced by ..i r, .) • ii3t.� It., 4{ �� �) G 4 i J „,,t. � U !\ recording an appropriate document amending, waiving or terminating such restrictive covenant and reversionary rights, executed by the Grantor or its successors in interest. TO HAVE AND TO HOLD unto the City and the City's successors and assigns in fee simple forever, PROVIDED, however, that should the Property not be used for a public park purpose for a period of twelve (12) consecutive months, then in addition to all other rights and remedies available to Grantor at law and /or in equity, the Grantor has the right, but not the obligation, to require Grantee, upon delivery of written notice to Grantee, to, within thirty (30) days, convey back the Property to Grantor free and clear of all liens, encumbrances and other matters of title, other than those matters already encumbering the Property on the date this deed is recorded and free and clear of all environmental conditions in violation of any applicable environmental laws. This reverter right is created pursuant to that certain Interlocal Agreement between The School Board of Palm Beach County, Florida and The City of Boynton Beach For The Development and Mutual Use of The Preservation Property dated . GRANTOR hereby warrants the title to the Property, subject to the foregoing matters, and will defend the same against the lawful claims of all persons claiming by, through or under Grantor and no others. IN WITNESS WHEREOF, Grantor has signed these presents the day and year first above written. GRANTOR: ATTEST. SCHOOL BOARD OF PALM BEACH / COUNTY, FLORIDA, a corporate body politic i � B J �� { �a .y c k _C' ' &� By: / E. Wayn: a ent, Sup rintendent Frank A Barbieri, Jr , Esq , Chairm APPROV . A AS Ti FORM AND LEGAL SUF I I IENCY By ' —' 4.4/410" _3 1 11- Schoo Board Attorney STATE OF FLORIDA ) ) SS• COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by Frank A Barbieri, Jr., Esq., and E Wayne Gent, as the Chairman and Superintendent, respectively, of The School Board of Palm Beach County, Florida, a corporate body politic, freely and voluntarily on behalf of said corporate body politic. They are personally known to me WITNESS my hand and official seal in the County and State last aforesaid this 4 7day O0,11C,:t Tat ti* of /? pr; 1 , 20 /02 • �t11 wiiiiii „,, way i ; 'kt ti .z • �GO aussiey •..efy N Notary Public My Commission Expires: * ; •* "�`�'g . e cc_.td Teriteri 2Y) • = w �; _ Print Name 1.-:/•••* ADD 8 38508 0- • thN •' O�-' "e IS tindettee‘O cxnIDIT LEGAL DESCRIPTION: THIS DESCRIPTION A PORTION OF THE OF THE SOUTHWEST ONE- QUARTER (S.W. 1/4) OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LYING EAST OF THE EAST RIGHT -OF -WAY UNE OF INTERSTATE 95, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ,„ A '< COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 21; THENCE ON AN ASSUMED BEARING OF NORTH 89'46'29" EAST ALONG THE SOUTH UNE OF SAID SECTION 21 A DISTANCE OF 992.72 FEET TO AN INTERSECTION WITH THE SOUTHERLY EXTENSION 4111 A OF THE WEST UNE OF RIDGEWOOD MANOR, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 24, ON PAGE 175, OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID WEST UNE ALSO BEING THE EAST UNE OF THE WEST THREE- QUARTERS (W. 3/4) OF THE SOUTHWEST ONE- QUARTER (S.W. 1/4) OF THE SOUTHWEST ONE- QUARTER (S.W. 1/4) OF SAID SECTION 21; THENCE, DEPARTING SAID SOUTH UNE, NORTH 01'57'31 " WEST AND ALONG SAID EAST AND WEST UNE A DISTANCE OF 1209.55 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST AND WEST UNE SOUTH 88'02'40" WEST, A DISTANCE OF 362.43 FEET TO A POINT ON THE EASTerly UMITED ACCESS RIGHT -OF -WAY UNE OF STATE ROAD 9 (INTERSTATE LOCATION MAP 95) AS SHOWN ON THE RIGHT -OF -WAY MAP 3 -A, SECTION 93220 -2412, DATED MAY 5TH, 1970; THENCE NORTH 01'57'31" WEST ALONG SAID RIGHT -OF -WAY UNE, A NOT TO SCALE DISTANCE OF 718.74 FEET TO AN INTERSECTION WITH THE WESTERLY EXTENSION OF THE NORTH UNE OF SAID RIDGEWOOD MANOR, SAID NORTH UNE ALSO BEING THE NORTH LINE OF THE SOUTH THREE- QUARTER (3/4) OF THE WEST ONE -HALF (1/2) OF THE SOUTHWEST ONE - QUARTER (1/4) OF SAID SECTION 21; THENCE NORTH 89'53'59" EAST ALONG SAID NORTH UNE, 362.63 FEET TO TI- E NORTHWEST CORNER OF SAID RIDGEWOOD MANOR PLAT; THENCE SOUTH 01'57'31" EAST ALONG THE WEST UNE OF SAID PLAT ALSO BEING THE EAST UNE OF THE WEST THREE- QUARTER (3/4) OF THE SOUTHWEST ONE- QUARTER (S.W. 1/4) OF THE SOUTHWEST ONE- QUARTER (S.W. 1/4) OF SAID SECTION 21, A DISTANCE OF 707.00 FEET TO THE POINT OF BEGINNING. CONTAINING 258,366 SQUARE FEET (5.93) ACRES MORE OR LESS, SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA. SURVEY NOTES: 1. THE LEGAL DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR. 2. KEITH AND ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION NUMBER IS L.B. #6860. 3. THIS SKETCH IS NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER. 4. IT IS A VIOLATION OF RULE 5J -17 OF THE FLORIDA ADMINISTRATIVE CODE TO ALTER THIS SKETCH AND DESCRIPTION WITHOUT THE EXPRESSED PRIOR WRITTEN CONSENT OF THE SURVEYOR. ADDITIONS AND DELETIONS MADE TO THE FACE OF THIS SKETCH AND DESCRIPTION WILL MAKE THIS DOCUMENT INVALID. 5. THIS SKETCH IS NOT A BOUNDARY SURVEY. 6. BEARINGS SHOWN HEREON ARE AN ASSUMED BEARING OF NORTH 89'46'29" EAST ALONG THE SOUTH UNE OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST. 7. LANDS SHOWN HEREON WERE ABSTRACTED FOR RIGHTS OF WAY, EASEMENTS, OWNERSHIP, AND OTHER INSTRUMENTS OF RECORD PER SOUTHEAST GUARANTY & TITLE, INC. SEARCH NO. 2904012 CERTIFIED THROUGH APRIL 5TH, 2009 0 8:00 A.M. CERTIFICATION: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE AND BEUEF AND THE INFORMATION AS WRITTEN UNDER MY DIRECTION ON JANUARY 13, 2010 MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J -17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. KEITH & ASSOCIATES, INC. CONSULTING EN EERS M HA L . MOBBED' PROFESSIONAL SURVEYOR AND ' PER REGISTRATION No. 5660 STATE OF FLORIDA SKETCH & DESCRIPTION - � IT migi DAB 1/13/10 �5�1 UPDATED SYONS CONSERVATION LAND consulting engineers SCALE N/A 30! EAST A 71ANIIC SWLEVARD A PORTION OF THE SOUTHWEST 1/4 OM O FLORIDA 4 0_8 Rap FAX OF SECTION 21, TOWNSHIP 45 SOUTH. mol kWui- os�cbtaacam LB Nit 6860 DIWG BY S.M RANGE 43 EAST �y�- 1 Qr 2 CRY OF BOYNTON BEACH, PALM BEACH COUNTY, FLoRIQA DRANfNG N0. 07554.01 CHK. BY M.M.M. h NORTHWEST CORNER OF RIDGEWOOD MANORS P.B. 24, PG. 175, P.B.C.R. WESTERLY EXTENTION OF THE NORTH M .B. 4, i „, ,,. -7 i UNE OF RIDGEWOOD MANORS AND NI PG. 58, P. SEC 21 -45 -43 N.W. l B.C.R. ■ Ili NORTH UNE W 3'4, S 3'4, W 72, S.W. Y4, N.A. 8TH AVE. �� W N89'53'59 "E / 4 ' 362.63" 3 v I s p1 ' o m --. A. z /v I :� o / m It r�* Io , ,;..1 / /-% m °v 1 I D <o i ...41 o min /o w a� I a e. v' / 15' � ` Z ° L / n% � W S88 02'40 "W , A m ^ I - - SCALE: 1"=300' o 362.43' � — N P.O.B. I �j v g3 I I N 7 il V 1 '1 W P Z tq 1n 'v pgoc 0 — m o A g I ° rn rn • -1 a J 1 - y - - y + In O go - 0 I? 4 LEGEND: `�' Z a r:- a 1 " ACREAGE m BLVD. BOULEVARD co l Y F.D.O.T. FLORIDA DEPARTMENT �Zw OF TRANSPORTATION w m N.W. 4TH AVE LB LICENSED BUSINESS ° 3 5' R PER O.R.B. OFFICIAL RECORDS BOOK - O.R.B .2226, P.B. PLAT BOOK P ° m x 0 PG. 1037, P.B.C.R. PALM BEACH COUNTY RECORDS v PG. PAGE P.O.B. POINT OF BEGINNING vi,s° l ACREAGE P.O.C. POINT OF COMMENCEMENT PI% s i R/W RIGHT -OF -WAY ” 2 .-e M , SEC. SECTION P .O.C. I ? z S.R. STATE ROAD S.W. CORNER i in r^ U.E. UTILITY EASEMENT SEC 21- 45-43 - CENTERLINE w a + SECTION CORNER 20 Ir 21 1 - -- ► - - 29 28 N89'46 " E 992.72' — (BEARING BASIS) �- SOUTH LINE SEC 21 -45 -43 ORIGINAL CENTERLINE S.R. 804 BOYNTON BEACH BLVD. (R/W PER F.D.O. T. SECTION 93220 -2412 SHEET 3A OF 17) SKETCH & DESCRIPTION � DATE 1/13/10 DA 7E UPDATED REWSIONS CONSERVATION LAND consul tin g engineers SCALE AS SHOWN 301 EAST ATAN7IC BOULEVARD A PORTION OF THE SOUTHWEST 1 /4, POMPANO BEACH, FLORIDA 33060 -6643 F/ELO Bk:� (954) 788 -3400 FAX (954) 788 -3500 OF SECTION 21, TOWNSHIP 45 SOUTH, EItaL moa�Areth- ossxhtescam LB NO 6860 DWG: BY S.M. RANGE 43 EAST SHEET 2 OF 2 CITY OF BOYNTON BEACH. PAIN BEACH COUNTY, FLORIDA DRA»fNG NO. 07554.01 CHK. BY M.M.M. The City of Boynton Beach City Clerk's Office S,,, 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 5 (561) 742 -6060 FAX: (561) 742-6090 e -mail: prainitoj @bbfl.us www.boynton-beach.org May 9, 2012 Palm Beach County School Board Attention: Phyllis Gilbert Planning & Real Estate Service Department 3300 Forest Hill Blvd West Palm Beach, FL 33406 Re: Special Warranty Deed Dear Ms. Gilbert: Attached for your information is copy of the Special Warranty Deed that was recorded with the County on April 23, 2012. I have retained the original for our Central File. Please contact me if there are any questions. Thank you. Very truly yours, CITY OF BOYNTON BEACH �. m.. Pk0Lt, Jar et M. Prainito, MMC ity Clerk Attachment tls S. \CC \ WP \AFTER COMMISSION \Other Transmittal Letters After Commission \ 2012 \ Galaxy Speical Warranty Deed doc America's Gateway to the Gulfstream INDEX OF EXHIBITS EXHIBIT "A" LEGAL DESCRIPTION OF SCHOOL BOARD PROPERTY EXHIBIT "B" SPECIAL WARRANTY DEED FORM FROM SCHOOL BOARD 11 Exhibit " A " LEGAL DESCRIPTION: A PORTION OF THE OF THE SOUTHWEST ONE- QUARTER (S.W. 1/4) OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LYING FAST OF THE EAST RIGHT -OF -WAY LINE OF INTERSTATE 95, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 21; THENCE ON AN ASSUMED BEARING OF NORTH 89'46'29" EAST ALONG THE SOUTH LINE OF SAID SECTION 21 A DISTANCE OF 992.72 FEET TO AN INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE WEST LINE OF RIDGEWOOD MANOR, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 24, ON PAGE 175, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID WEST LINE ALSO BEING THE EAST LINE OF THE WEST THREE- QUARTERS (W. 3/4) OF THE SOUTHWEST ONE- QUARTER (S.W. 1/4) OF THE SOUTHWEST ONE- QUARTER (S.W. 1/4) OF SAID SECTION 21; THENCE, DEPARTING SAID SOUTH LINE, NORTH 01'57'31' WEST AND ALONG SAID EAST AND WEST LINE A DISTANCE OF 1209.55 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST AND WEST LINE SOUTH 88'02'40' WEST, A DISTANCE OF 362.43 FEET TO A POINT ON THE EASTerly LIMITED ACCESS RIGHT -OF -WAY LINE OF STATE ROAD 9 (INTERSTATE 95) AS SHOWN ON THE RIGHT -OF -WAY MAP 3 -A, SECTION 93220 -2412, DATED MAY 5TH, 1970; THENCE NORTH 01'57'31" WEST ALONG SAID RIGHT -OF -WAY LINE, A DISTANCE OF 718.74 FEET TO AN INTERSECTION WITH THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID RIDGEWOOD MANOR, SAID NORTH LINE ALSO BEING THE NORTH LINE OF THE SOUTH THREE- QUARTER (3/4) OF THE WEST ONE -HALF (1/2) OF THE SOUTHWEST ONE- QUARTER (1/4) OF SAID SECTION 21; THENCE NORTH 89'53'59" EAST ALONG SAID NORTH LINE, 362.63 FEET TO THE NORTHWEST CORNER OF SAID RIDGEWOOD MANOR PLAT, THENCE SOUTH 01'57'31' EAST ALONG THE WEST LINE OF SAID PLAT ALSO BEING THE EAST LINE OF THE WEST THREE - QUARTER (3/4) OF THE SOUTHWEST ONE- QUARTER (S.W. 1/4) OF THE SOUTHWEST ONE- QUARTER (S.W. 1/4) OF SAID SECTION 21, A DISTANCE OF 707.00 FEET TO THE POINT OF BEGINNING. CONTAINING 258,366 SQUARE FEET (5.93) ACRES MORE OR LESS, SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA. SURVEY NOTES: THIS DESCRIPTION 8 �+ Ali i, Ji.i i.J l LOCATION MAP NOT TO SCALE 1. THE LEGAL DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR. 2. KEITH AND ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION NUMBER IS L.B. #6860. 3. THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. IT IS A VIOLATION OF RULE 5J -17 OF THE FLORIDA ADMINISTRATIVE CODE TO ALTER THIS SKETCH AND DESCRIPTION WITHOUT THE EXPRESSED PRIOR WRITTEN CONSENT OF THE SURVEYOR. ADDITIONS AND DELETIONS MADE TO THE FACE OF THIS SKETCH AND DESCRIPTION WILL MAKE THIS DOCUMENT INVALID. 5. THIS SKETCH IS NOT A BOUNDARY SURVEY. 6. BEARINGS SHOWN HEREON ARE AN ASSUMED BEARING OF NORTH 89'46'29' EAST ALONG THE SOUTH LINE OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST. 7. LANDS SHOWN HEREON WERE ABSTRACTED FOR RIGHTS OF WAY, EASEMENTS, OWNERSHIP, AND OTHER INSTRUMENTS OF RECORD PER SOUTHEAST GUARANTY & TITLE, INC. SEARCH NO. 2904012 CERTIFIED THROUGH APRIL 5TH, 2009 O 8:00 A.M. CERTIFICATION: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THE INFORMATION AS WRITTEN UNDER MY DIRECTION ON JANUARY 13, 2010 MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J -17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. KEITH do ASSOCIATES, INC. CONSULTING ENg4NEERS M 4 L PROFESSIONAL SURVEYOR AND ' PER REGISTRATION No. 5660 STATE OF FLORIDA SKETCH & DESCRIPTION CONSERVATION LAND A PORTION OF THE SOUTHWEST 1/4, OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST CRY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA tl `1 t3 consulting engineers .TOT EAST A 11ANAC BOULEVARD PWPANO B£ACY,, FZOWA JJW0 -6W (954) 788-NW FAX (054) 788- -.3500 jVA& mqMw*-vswaW*&com LS #a MW SHEET 1 t2F 2 DRAWNG N0. 07554.01 DATE 1/13/10 SCALE N/A RED BK. N/A DiNVG. BY S.M• QYA' BY M.M.M. DATE RE14-MN5 3/5/12 UPDATED CERT. WESTERLY EXTENTION OF THE NORTH -\ LINE OF RIDGEWOOD MANORS AND NORTH LINE WX S34. W SEC 21 -45 -43 NORTHWEST CORNER OF - RIDGEWOOD MANORS P.B. 24, PG. 175, P.B.C.R. I lu M, 58. P.B.C.R. j f N89'53'59 "E / 382.83' y q�M o J �- -41 " J Q tp � � `-' � m {Fy cl p 1 5 — x s / _ - / n tO.. searo2'4 l 'w LJ ;d SCALE: 1"=300' N 362.43 ' — A — � P.O.B. N � V c o w PpDr- o — — r�i 0 y O rn (A z! W I n � i u LEGEND: " N C ACREAGE BLVD. BOULEVARD x F.D.O.T. FLORIDA DEPARTMENT pZ OF TRANSPORTATION mr, N.11. 4.H AVE LB LICENSED BUSINESS A" 35' R PER O.R.B. OFFICIAL RECORDS BOOK T-La O.R.B. 22-26. P.B. PLAT BOOK " Q PG. 1037, P.B.C.R. PALM BEACH COUNTY RECORDS P.B.C.R. PG. PAGE P.O.B. POINT OF BEGINNING ; ACWAGE P.O.C. POINT OF COMMENCEMENT �' s f > R/W RIGHT —OF —WAY A " !I SEC. SECTION P.O.C. N A m S.R. STATE ROAD S.W. CORNER � U.E. UTILITY EASEMENT SEC 21 -45 -43 � CENTERLINE � w� + SECTION CORNER 20 21 _ — 29 28 N89'46'29 "E 992.72' (BEARING BASIS) �— SOUTH LINE SEC 21 -45 -43 ORIGINAL CENTERLINE S.R. 804 BOYNTON BEACH BLVD. (R /W PER F.D.O.T. SECTION 93220 -2412 SHEET 3A OF 17) SKETCH & DESCRIPTION CONSERVATION LAND A PORTION OF THE SOUTHWEST 1/4, OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST CITY OF BOYNTON BEACH, PALM BEACH COUNTY. FLORIDA consulting engineers j07 EAST A7LANAC BOULEVARD POMPANO BEALJ°1, FLORA9A XWO -664,7 (954) 788-NM FAX (954) 788 -.7500 EVAIL mol/W&M- amoclolescom LB NO 6860 MEET 2 OF 2 DRAWING NO. 07554.01 DA 7E 1/1.3/10 DA7E REVISIONS 3/5/12 UPDATED CERT. SCALE AS SHOWN FIELD BK. N/A DWNG. BY S.M. CHK BY M.M.M. EXHIBIT "B" This instrument prepared by: Blair LittleJohn, Esq. School Board of Palm Beach County, Florida 3318 Forest Hill Blvd. C -302 West Palm Beach, FL 33406 RETURN TO. PCNs: (Space Reserved for Clerk of Court) This SPECIAL WARRANTY DEED, is made and given this day of , 20_, by the School Board of Palm Beach County, Florida, a corporate body politic pursuant to the constitution of the State of Florida (the "Grantor"), to and in favor of the City of Boynton Beach, Florida, a Florida municipal corporation, whose address is P.O. Box 310, Boynton Beach, FL, 33425 -0310 (the "City "). GRANTOR, for and in consideration of Ten and No /100 ($10.00) Dollars and other good and valuable consideration paid by City, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained and sold, and by these presents does hereby grant, bargain and sell, to City, and City's heirs, successors and assigns forever, the following property situate, lying and being in Palm Beach County, Florida (the "Property "), to -wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF THIS CONVEYANCE is subject to: (a) taxes and assessments for the year 20_ and subsequent years not yet due or payable; (b) all laws, ordinances, regulations, restrictions, prohibitions and other requirements imposed by governmental authority, including, but not limited to, all applicable building, zoning, land use and environmental ordinances and regulations; (c) easements, conditions, restrictions, matters, limitations and reservations of record, if any, but this reference shall not operate to reimpose any of the same; and (d) matters which would be disclosed by an accurate survey of the Property. Pursuant to Section 270.11, Florida Statutes, the Grantor has elected not to reserve any phosphate, minerals, metals or petroleum interests in the subject property. As a material inducement to Grantor to convey the Property to Grantee and as part of the consideration for this conveyance, Grantor hereby imposes a restrictive covenant on the Property that it be used only for public park purposes and Grantee, for itself and its successors and assigns, covenants and agrees to abide by such restrictive covenant and not to permit the Property to be used for any purpose contrary to or inconsistent with the permitted use. Grantee accepts this conveyance subject to such restrictive covenant and acknowledges that it runs with the title to the Property. It is the intent of the parties that the restrictive covenant and reversionary rights set forth herein shall not be subject to the limitations set forth in §689.18(4), F.S. as this deed constitutes a conveyance to a governmental entity under the provisions of §689.18(5), F.S. The foregoing restrictive covenant and reversionary rights may only be amended, released or terminated by recording an appropriate document amending, waiving or terminating such restrictive covenant and reversionary rights, executed by the Grantor or its successors in interest. TO HAVE AND TO HOLD unto the City and the City's successors and assigns in fee simple forever, PROVIDED, however, that should the Property not be used for a public park purpose for a period of twelve (12) consecutive months, then in addition to all other rights and remedies available to Grantor at law and /or in equity, the Grantor has the right, but not the obligation, to require Grantee, upon delivery of written notice to Grantee, to, within thirty (30) days, convey back the Property to Grantor free and clear of all liens, encumbrances and other matters of title, other than those matters already encumbering the Property on the date this deed is recorded and free and clear of all environmental conditions in violation of any applicable environmental laws. This reverter right is created pursuant to that certain Interlocal Agreement between The School Board of Palm Beach County, Florida and The City of Boynton Beach For The Development and Mutual Use of The Preservation Property dated GRANTOR hereby warrants the title to the Property, subject to the foregoing matters, and will defend the same against the lawful claims of all persons claiming by, through or under Grantor and no others. IN WITNESS WHEREOF, Grantor has signed these presents the day and year first above written. GRANTOR: ATTEST. THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic By: By E Wayne Gent, Superintendent Frank A. Barbieri, Jr., Esq., Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: School Board Attorney STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by Frank A. Barbieri, Jr., Esq,, and E. Wayne Gent, as the Chairman and Superintendent, respectively, of The School Board of Palm Beach County, Florida, a corporate body politic, freely and voluntarily on behalf of said corporate body politic. They are personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this day of 20 Notary Public My Commission Expires: Print Name Exhibit "A" LEGAL DESCRIPTION: A PORTION OF THE OF THE SOUTHWEST ONE- QUARTER (S.W. 1/4) OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LYING EAST OF THE EAST RIGHT -OF -WAY UNE OF INTERSTATE 95, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 21; THENCE ON AN ASSUMED BEARING OF NORTH 89'46'29" EAST ALONG THE SOUTH UNE OF SAID SECTION 21 A DISTANCE OF 992.72 FEET TO AN INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE WEST UNE OF RIDGEWOOD MANOR. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 24, ON PAGE 175, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID WEST UNE ALSO BEING THE EAST LINE OF THE WEST THREE - QUARTERS (W. 3/4) OF THE SOUTHWEST ONE - QUARTER (S.W. 1/4) OF THE SOUTHWEST ONE- QUARTER (S.W. 1/4) OF SAID SECTION 21; THENCE, DEPARTING SAID SOUTH LINE, NORTH 01'57'31" WEST AND ALONG SAID EAST AND WEST UNE A DISTANCE OF 1209.55 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST AND WEST UNE SOUTH 88'02'40" WEST, A DISTANCE OF 362.43 FEET TO A POINT ON THE EASTerly LIMITED ACCESS RIGHT -OF -WAY UNE OF STATE ROAD 9 (INTERSTATE 95) AS SHOWN ON THE RIGHT -OF -WAY MAP 3 -A, SECTION 93220 -2412, DATED MAY 5TH, 1970; THENCE NORTH 01'57'31" WEST ALONG SAID RIGHT -OF -WAY UNE, A DISTANCE OF 718.74 FEET TO AN INTERSECTION WITH THE WESTERLY EXTENSION OF THE NORTH UNE OF SAID RIDGEWOOD MANOR, SAID NORTH UNE ALSO BEING THE NORTH UNE OF THE SOUTH THREE- QUARTER (3/4) OF THE WEST ONE -HALF (1/2) OF THE SOUTHWEST ONE- QUARTER (1/4) OF SAID SECTION 21; THENCE NORTH 89'53'59" EAST ALONG SAID NORTH UNE, 362.63 FEET TO TFIE NORTHWEST CORNER OF SAID RIDGEWOOD MANOR PLAT; THENCE SOUTH 01'57'31* EAST ALONG THE WEST LINE OF SAID PLAT ALSO BEING THE EAST LINE OF THE WEST THREE- QUARTER (3/4) OF THE SOUTHWEST ONE- QUARTER (S.W. 1/4) OF THE SOUTHWEST ONE- QUARTER (S.W. 1/4) OF SAID SECTION 21, A DISTANCE OF 707.00 FEET TO THE POINT OF BEGINNING. CONTAINING 258,366 SQUARE FEET (5.93) ACRES MORE OR LESS, SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA. SURVEY NOTES: THIS DESCRIPTION � Ii JII L� LOCATION MAP NOT TO SCALE 1. THE LEGAL DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR. 2. KEITH AND ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION NUMBER IS L.B. #6860. 3. THIS SKETCH IS NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER. 4. IT IS A VIOLATION OF RULE 5J -17 OF THE FLORIDA ADMINISTRATIVE CODE TO ALTER THIS SKETCH AND DESCRIPTION WITHOUT THE EXPRESSED PRIOR WRITTEN CONSENT OF THE SURVEYOR. ADDITIONS AND DELETIONS MADE TO THE FACE OF THIS SKETCH AND DESCRIPTION WILL MAKE THIS DOCUMENT INVALID. 5. THIS SKETCH IS NOT A BOUNDARY SURVEY. 6. BEARINGS SHOWN HEREON ARE AN ASSUMED BEARING OF NORTH 89'46'29" EAST ALONG THE SOUTH UNE OF SEC11ON 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST. 7. LANDS SHOWN HEREON WERE ABSTRACTED FOR RIGHTS OF WAY, EASEMENTS, OWNERSHIP, AND OTHER INSTRUMENTS OF RECORD PER SOUTHEAST GUARANTY do TITLE, INC. SEARCH NO. 2904012 CERTIFIED THROUGH APRIL 5TH, 2009 O 8:00 A.M. CERTIFICATION: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE AND BEUEF AND THE INFORMATION AS WRITTEN UNDER MY DIRECTION ON JANUARY 13, 2010 MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J -17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. KEITH do ASSOCIATES, INC. CONSULTING ENPNEERS M MOCw PROFESSIONAL. SURVEYOR AND ' PER REGISTRATION No. 5660 STATE OF FLORIDA SKETCH & DESCRIPTION CONSERVATION LAND A PORTION OF THE SOUTHWEST 1/4, OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST CITY OF BOYWON BEACH. PALM BEACH COUNTY. FLORIDA _L consu /tTng eng/nsers 301 FIST A7LAN7TC B0W"ARD POMPANO BEADY, RLIWA J"0­680 (950) 788 -3W FAX (954) 788-MW ETA L nw0ANeVINI- aoeoab/eecm LB NQ s6K0 _wEET 1 6F 2 DRAINNG Na 07554.01 ,OA 7,E 1/13/10 DAME REW -VONS 3/5/12 UPDATED CERT. SCALE NIL► RED BK. N/A DINV12 BY S.M. CHK. BY M.M.M. WESTERLY EXTENTION OF THE NORTH -\ LINE OF RIDGEWOOD MANORS AND NORTH LINE W 3'4. S %, W % S.W. 4. SEC 21 -45 -43 NORTHWEST CORNER OF - RIDGEWOOD MANORS P.B. 24, PG. 175, P.B.C.R. CliO4Y HILLS P.B. 4, �,' P1G. SB, P.B.C.R. ILIA N.V. 8TH AVE.— VE- Z N8 362.6 ' 362.63' . M / �� �� z � /� v f r-i+ 1 1 _� � I I �� / c > c! Zms a C / p A a / p � N Sh s m / 15 — � — a / —N / r ob w-. S88'02'40'W -. SCALE: 1" =300 N 362'43' – �— Q y P.O.B. N VpN r 1 2 H O in to y WWW A j I 00 0 M LEGEND: ACWA6E BLVD. BOULEVARD N Y F.D.O.T. FLORIDA DEPARTMENT ° �m� N.R. 4 AV>� OF TRANSPORTATION LB LICENSED BUSINESS N� O J�35' R/W .R.B. OFFICIAL RECORDS BOOK tom O.R 82268 P PLAT BOOK P.B.C.R. PALM BEACH COUNTY RECORDS A PG. P.B .C.R. � PG. PAGE 1 " io P.O.B. POINT OF BEGINNING - 2 ACREAG iD P.O.C. POINT OF COMMENCEMENT nz' R/W RIGHT -OF -WAY p a SEC. SECTION P.O.C. r S.R. STATE ROAD S.W. CORNER J w rn U.E. UTILITY EASEMENT SEC 21 - 45 - 43 it #� CENTERLINE u� SECTION CORNER 20 21 29 28 N89'46'29'E 992.72' (BEARING BASIS) �- - SOUTH LINE SEC 21 -45 -43 ORIGINAL CENTERLINE S.R. 804 BOYNTON BEACH BLVD. (R /W PER F.D.O.T. SECTION 93220 -2412 SHEET 3A OF 17) SKETCH & DESCRIPTION �E- `1 -t-MT 19Ar£ 1/1-3110 DA 7F R£NSYONS 3/5/12 UPDATED CERT. CONSERVATION LAND cornsLj/t/ng engJneers SCAL£ AS SHOWN 301 FAST A7ZANAC BOULEVARD POMPANO BEACH, FL ORDA .3-3060 -6643 F/E 9K. N/A (954) 7ZV 3400 FAX (954) 788 -J500 OF SECTION 21, TOWNSHIP 45 SOUTH FMA/L• 1pvff0k 0- o=vdat* com LB NO. 6850 DWNC BY S.M. RANGE 43 EAST SHE £T 2 OF 2 CRY OF WiNTON BEACH. PALM BEACH COUMY, FLORIDA DRAWING NO. 07554.01 CHK. 8 Y M.M.M.