o~pbcgov.com/pubinf/agenda/20120417/3c8.pdf · 2012. 4. 17. · 114 through 120 of the palm beach...

Agenda Item#: 3-C-8 PALM BEACH COUNTY

BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY

Meeting Date: April 17, 2012 [X] Consent [ ) Workshop

Department: Submitted By: Engineering and Public Works Submitted For: Right-of-Way Acquisition Section

I. EXECUTIVE BRIEF

[ ) Regular [ ) Public Hearing

Motion and Title: Staff recommends motion to approve: Three Subordination Agreements for Atlantic Avenue (SR 806) with the Florida Department of Transportation (FDOT).

SUMMARY: Approval of this item will allow three Subordination Agreements in favor of FDOT, which will subordinate Palm Beach County's (County's) interest in (I) a Standard Potable Water & Wastewater Development Agreement, (2) Drainage Easement, and (3) a Reclaimed Water Development Agreement. FDOT requires these Subordination Agreements to provide clear title for a future road embankment easement for Atlantic Avenue, located between Lyons Road and Starkey Road.

District 5 (MRE)

Background and Justification: In order to facilitate construction of Atlantic Avenue from west of Lyons Road to Starkey Road, an embankment easement (Parcel 803) is being dedicated by Delray Beach Associates I, LLC to the FDOT. Parcel 803 is currently encumbered by certain property interests held by the County, and the Subordination Agreements are therefore necessary to provide clear title to FDOT. The first Subordination Agreement will subordinate the County's interest in a Standard Potable Water and Wastewater Development Agreement dated July 18, 2005, recorded in Official Records Book 18924, Page 381. The second Subordination Agreement will subordinate the County's interest in a Drainage Easement dated July 21, 2006, recorded in Official Records Book 20667, Page 730. The third Subordination Agreement will subordinate the County's interest in a Reclaimed Water Development Agreement, dated August 15, 2006, recorded in Official Records Book 20775, 449. FDOT has agreed that only the portions that affect Parcel 803 will be subordinated. The Engineering and Water Utilities Departments have both reviewed the Subordination Agreements, and have no objections.

Attachments: I. Location Map 2. Three Subordination Agreements with Exhibit "A"

~ Recommended by: o~

Division Director

Approved by: Courity Engineer

N:\R_O _ W\TRIPP\Atlantic Avenue - 2004602\Subordination Board Item Parcel 803 040212.docx

II. FISCAL IMPACT ANALYSIS

A. Five Year Summary of Fiscal Impact:

Fiscal Years Capital Expenditures Operating Costs External Revenues Program Income (County) In-Kind Match (County) NET FISCAL IMPACT # ADDITIONAL FTE POSITIONS (Cumulative)

2012 $ -0-

-0--0--0--0-

$ -0-

2013 -0--0--0--0--0--0-

Is Item Included in Current Budget?

2014 -0--0--0--0--0--0-

Yes

2015 -0--0--0--0--0--0-

No

Budget Acct No. : Fund __ Dept. __ Unit __ Object Program

Recommended Sources of Funds/Summary of Fiscal Impact:

This item has no fiscal impact.

Ill. REVIEW COMME

and/or Contract Dev. and Control Comments:

B. Approved as to Form and Legal Sufficiency:

C. Other Department Review:

Department Director

This summary is not to be used as a basis for payment. 2

F:\COMMON\WP\AGENDAPAGE2\AGNPGTW02012\00.NO FISCAL IMPACT.DOC

2016 -0--0--0--0--0--0-

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36-SUB.03-06/93

This instrµm~~t prepared under the direction of:~,;) Laurice C~ Mayes, Esq. ,_ ,- · . ~ Sketch ~ Leg-al description _- · Prepared by, wantn,an :Gr.cup., Inc. Do~ument prepared by: Diana !,elmer (02/21/12) Department Qf-Transportation 340.o· w_. c.omtnercial BQulevard Ft. Lauderda.le, Florida 333()'.9

Parcel No. It;em/Se_gment No .. section Managing Di-strict: s.R. No-. c;ount:y,

SUBORDINATION AGREEMENT

803.5 2296583 93030-2502 04 ao6 Paslm Beach

THIS AGREEMENT Made this =~~-~~ day of ~~~--~~, 20l by and between P.ruiM BEACH COUNTY, a political subdivision of th~ State o-f Floridi;t., here·inafter .called the i•party of the first part 11·, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the 11 Departm~nt ,,_.

WITNESSETIJ;,

WHEREAS-, the party of the first part is the hold$:t:: of a certain Standard Potable- Water and Wastew:at.er Development Agreement (SDA)-., dated 07/18/05, :t'ecorded i-n Official. Records Book 18924·, P'age 3.'81 ahd as affected by First Amendment, re,corded in Official Rec.ords· :Book 20775, Pa9'e 1·44 7 ,. b¢th of the Pllblic Records of Palm Beach County;- Florida and;-WHEREAS., a porti.on of the land. encum,bered by said Standa:td Potable Water and Wastewater Devel.opment ¾\,greement (SDA) aiS ~ffect·ect by said First Amentjment;._ is required. PY the .Oepartment for pUb:lic tra,usportation; NOW THEREFORE, for and in, c.onsi,deration o·f the premi,se.s and the sum of One Dollar ($1.00) and other good and valuable cons.ideratio.ps, paid, the receipt and suff"iciency .Of which is hereby acknowleP,ged_, the party of the first paJ;t hereby a.Sfrees, covenants, and consent·s With ·the Department that the at.oresaid Standa:;r-d Pqtable Water and wastewat~r Development .Agreement (SDA) ?:t.S · af.-f.ected by said First: Amendmen't · is and shal-1 ¢.Otitinue to :Pe sUbjeC:t and sub.ordinate to the_ prop.E:rty- rights of _the Depa:i:-t.men;_t insofar aS said Stanct.ard Potal;Jle Water and Wa~rt:ewater Development Agre·ement (SDAJ as a.ff~cted by said First A.I:new.dment af.fects the foll6wing· des.c:r;i;be¢1 prope.rty r. Viz:

See Exhibit ·''A-" Description & -Sketch

This subordi~ation agreement shall be binding upon and inure to the benefit of the respective heirs, legal repres·entatives, succe.ssors and assigns of tlie p,;i+ties heretO".

IN WITNE$S WHEREOF., the said grant or has caused these presents to be executed in its name by its board of County Commissioners acting by the Chairperson or Vice-Chairperson of said board, the day and year aforesaid.

ATTEST, ---------------Print Name: _____ ~-------Clerk ( or Deputy Clerk)

STATE OF FLORIDA

COUNTY OF PALM BEACH

PALM BEACH COUNTY, FLORIDA By Its Board of County Co:rqmissioners

BY, ____________ _

Pr.int Name: Its Chairpe_r_s_o_n ________ _ (or Vice-Chairperson}

The fore.going instrument was acknowle4ged before me this ____ _ day of ________ , 201 __ , by Chairperson or Vice-Chairperson, who is personally known to me or who has produced ~~--~---------------- as identification., anc;i who did (did not} ta;ke a.ti oath.

P+int Name:~---~~------Notary Pub.lie in and for the county and State last aforesaid. My Commis-sion Expires: Serial No. , if any: -------

LEGAL DESCRIPTION

DESCRIPTION & SKETCH "EXHIBIT A"

PALM BEACH COUNTY, FLORIDA

PARCEL 803 EMBANKMENT EASEMENT

ATLANTIC AVENUE (SR 806) PALM BEACH COUNTY, FLORIDA

A PARCa OF LAND LYING IN SECTION 17, TOWNSHIP 46 SOUTH, RANGE 42 EAST, BEING A PORTION OF TRACTS 114 THROUGH 120 OF THE PALM BEACH FARMS COMPANY PLAT NO. 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGES 26 THROUGH 28, OF THE PUBLIC RECORDS OF PALM BEACH COUNlY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 17; THENCE SOUTH 89'58'57" EAST, ALONG THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 17, A DISTANCE OF 583.00 FEET TO A POINT ON THE EXTENSION OF THE EAST LINE OF TRACT 113; THENCE NORTH 01"01'03" WEST, ALONG SAID EAST EXTENSION OF TRACT 113, A DISTANCE OF 114.02 FEET TO THE POINT OF BEGINNING;

THENCE CONTINUE NORTH 01°01'03" WEST ALONG SAID EAST LINE, A DISTANCE OF 29.00 FEET; THENCE SOUTH 89'58'57" EAST, A DISTANCE OF 425.17 FEET; THENCE SOUTH 00-01'03 WEST, A DISTANCE OF 8.00 FEET; THENCE SOUTH 89'58'57" EAST, A DISTANCE OF 200.00 FEET; THENCE NORTH 00-01'03" EAST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 89"58'57" EAST, A DISTANCE OF 200.00 FEET; THENCE SOUTH 00-01'03 WEST, A DISTANCE OF 7.00 FEET; THENCE SOUTH 89"58'57" EAST, A DISTANCE OF 200.00 FEET; THENCE NORTH 00-01'03" EAST. A DISTANCE OF 10.00 FEET; THENCE SOUTH 89'58'57" EAST. A DISTANCE OF 200.00 FEET; THENCE SOUTH 00-01'03" WEST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 89'58'57" EAST, A DISTANCE OF 819.75 FEET; THENCE NORTH 8917'59" EAST, A DISTANCE OF 215.47 FEET; THENCE SOUTH 44°05'25" WEST, A DISTANCE OF 46.50 FEET; THENCE SOUTH 8917'59" WEST, ALONG A LINE PARALLEL TO AND 110.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 17, A DISTANCE OF 182.92 FEET; THENCE NORTH 89'58'57" WEST, ALONG A LINE PARALLEL TO AND 110.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 17, A DISTANCE OF 1990.75; THENCE NORTH 00-01'03" EAST, A DISTANCE OF 4.00 FEET; THENCE NORTH 89'58'57" WEST, ALONG A LINE PARALLEL TO AND 114.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 17, A DISTANCE OF 53.86 FEET TO THE POINT OF BEGINNING.

CONTAINING 1.736 ACRES. MORE OR LESS.

SURVEYOR'S NOTES 1. THIS DRA'MNG IS NOT A SURVEY.

2. PREPARED 'MTH THE BENEFIT OF AN OWNERSHIP AND ENCUMBRANCE REPORT BY CHICAGO TITLE INSURANCE COMPANY, CASE NO. 37 43668.

3. THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER.

4. THIS LEGAL DESCRIPTION IS NOT VALID 'MTHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY WANTMAN GROUP, INC.

5. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 17, TOWNSHIP 46 SOUTH, RANGE 42 EAST, WHICH BEARS SOUTH 89"58'57" EAST;\.. '.c ,/ 1:;•,,,

NOTES CONTINUE ON SHEET 2 ->~----·"'·'"•·. , _,, c '-:. \.!.:.

WANTMAN GROUP, INC. Q ~:A-~

THMASR.DITMAN PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NUMBER 5763

', -"

,.._,_

'-""-'r:\+78 Atlantic Ave 'oesi11n\~Surv~y\dwo\TParce/803., •g llTJ Wantman Group, Inc. Ill.JI Engineering ❖ Surveying ❖ Mapping 1----------,,----------1

2035 \IISTA PARKWAY. SUl'iE 100 FIELD JOB 204478 .00

REFERENCE

WEST PALM BEACH, FL 33411 (561) 687-2220 phone DRAWN 8Y PST DATE 02 '01/12

(561) 687-1110 fox /' CERTIFICATION NUMBER 6091 CH'~CKED 8Y

LICENSED BUSINESS NUMBER 7055 "' TRO SHEET 1 OF J


PALM BEACH COUNlY, FLORIDA


ATLANTIC AVENUE (SR 806) PALM BEACH COUNlY, FLORIDA

SURVEYOR'S NOTES (CONTINUE FROM SHEET 1) 6. SUBJECT TO lERMS AND CONDITIONS SET FORTH IN ASSIGNMENT OF TRANSFERABLE DEVELOPMENT RIGHTS

RECORDED IN OFFICIAL RECORDS BOOK 18365, PAGE 1057, OFFICIAL RECORDS BOOK 18714 PAGE 236, OFFICIAL RECORDS BOOK 18714, PAGE 281, OFFICIAL RECORDS BOOK 18930 PAGE 1196, OFFICIAL RECORDS BOOK 20165, PAGE 1406 AND OFFICIAL RECORDS BOOK 21386, PAGE 760.

7. SUBJECT TO A DRAINAGE EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 19495, PAGE 558 AND AS AMENDED IN OFFICIAL RECORDS BOOK 21386, PAGE 740

8. SUBJECT TO A STANDARD POTABLE WATER AND WASTEWATER DEVELOPMENT AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 18924, PAGE 381, AMENDED BY THE FIRST AMENDMENT RECORDED IN OFFICIAL RECORDS BOOK 20775, PAGE 1447

9. SUBJECT TO A RECLAIMED WATER DEVELOPMENT AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 20775, PAGE 1449, ALL AS PARTIALLY RELEASED IN OFFICIAL RECORDS BOOK 24327, PAGE 1177.

10. SUBJECT TO A DRAINAGE EASEMENT IN FAVOR OF PALM BEACH COUNTY RECORDED IN OFFICIAL RECORDS BOOK 20667, PAGE 730 AND SHOWN HEREIN.

11. SUBJECT TO A DRAINAGE EASEMENT IN FAVOR OF THE FLORIDA DEPARTMENT OF TRANSPORTATION RECORDED IN OFFICIAL RECORDS BOOK 21978, PAGE 1965.

12. SUBJECT TO A RESOLUTION FIXING SElBACK REQUIREMENTS ON STA TE ROAD 806 RECORDED IN DEED BOOK 1104, PAGE 158.

I I I

I DETAIL I I

I I S89"58'57"E 425.17' (TOTAL) I I

31:: , __

133.19' -,7'- 31.56' -p·- 260.42' • .., -oO • EXISTING I - 0 "I DRAINAGE l'k I J --· PARCEL 803 e~ ..,: EASEMENT • 0 "> / ORB 20687 / ;:f z PG 730

"-- N89"58'57"W /.l -·- 68.03' __ !J_ 31.56' __ ,,,__ 1891.16' --POB·j 53.86 N89'58'57"W 1990.75' (TOTAL)

N00'01 '03"E 4.00' JO 15 0 JO

,_

I I ' I r GRAPHIC SCALE IN FEIT

SCALE: t• = JO'

m Wantman Group, Inc. """"'r:\47B Atlantic Ave Desianlnr.Nlsurveuldwa\TParcelBOJ. •· REFERENCE

Engineering ❖ Surve{l_ng ❖ Mapping 2035 IIISTA PARKWAY, SUI 100 FIELD JOB 204478.00 WEST PALM BEACH, FL 33411

g

(561) 687-2220 phone (561) 687-1110 fax

DRAWN BY PBT DATE 02/01/12 CER11F1CA 110N NUMBER 6091 CHECKED BY LICENSED BUSINESS NUMBER 7055 TRD SHEIT 2 OF J

~

I





TRACT 120

j. ~ "' c..JI

i-'21 I I

ch

t ~ I ti>

544·os·~s·w 46.po• I

S8917'59•~ 182.92' ..--+-,1----r--

,?"\ 8 -8\8 ..;: EXISTING R/W LINE

--ial~;: ___ C::RB 19969, PG 876

t:1:::8--t--:c17:;i/~----;S,-;,8;;;9-;;;'5"8"'5-=,7"'E~~I o - - -- -- 17

... -r._l'----r.~583.00' ::::::5J st

__ • • _ ·•t'!iW---'-N89'17'5~ 60 PLATTED ROAD EASEMENT --r-- O

PLAT BooK 2. PAGEs 26-28) A TLANnc A VE:NU£ (SR 806,,1--_ __,.__ ___ _ SOUTH LINE OF THE SW(1/4) (FDOT R/W MAP 93030-1502) SEC. 17-46-42 S89"58'57"E THE SOUTH (1/4) CORNER (BASIS OF BEARING) SECTION 17-46-42

N= 771416.337 (M) POC SOUTHWEST CORNER SEC. 17-46-42 N= 771417.145 (M)

E= 924430.988 (M)

E= 921804. 752 (M) PALM BEACH COUNTY BRASS DISK FDOT R/W MAP SECTION NO. 93030-1502

PK NAIL IN BOX CUT FDOT R/W MAP SECTION NO. 93030-1502

LEGEND: FDOT = FLORIDA DEPARTMENT OF TRANSPORTATION (P) = PLAT M PB = PLAT BOOK POC ~- =M~ ~ POB = POINT OF BEGINNING SEC. ORB = OFFICIAL RECORDS BOOK SR

SOUTH LINE OF THE SE(1/4) SEC. 17-46-42

= FDOT R/W MAP = POINT OF COMMENCEMENT = RIGHT-OF-YIAY = SECTION = STATE ROAD

RE:FE:RE:NCE:

C C -

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"'· C ~-<IIQ o...,

C -~ IO a:<11

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m Wantman Group, In.c. T: 478 Atlantic Ave Desi n

Engineerino ❖ Surveyinq ❖ Mapping 1---------~---------1 2035 VISTA l>ARKWAY, SUl'tf: 100 FIE1.1) JOB 204478.00

\\£ST PALM BEACH, FL 33411 (561) 687-2220 phone DRAWN BY PBT DATE: 02 '01/12

(561) 687-1110 fax /' CERTIACA 110N NUMBER 6091 CHE:CKE:D BY TRD

LICENSED BUSINESS NUMBER 7055 SHE:IT 3 OF 3

3.li.-SUB. 03-06/93

. This instrument prepared uni;ler the dire=ction of~Laurice· C. Mayes, Bsq·. __ ·:. _. · · .% Sketch & Legal tj.escrip.tioll ... ~ P;repa:;t;'ed by': Waritman GrOup, Inc. DQ_curne_nt prepared. by-: Diana Helmer (02/21/12) Department of ·Transportation 34-0s0: .W. commercial Boul·e:v~:t;d E'·t. Lauderdale, Florida 33309-

Parcel No . Item/Segment No. Section Managing Distriqt.: S.R. No. county:

SUBORDINA'l'ION AGREEMl!N'l'

803,3 2296583 93030-2502 04 806 Palm Beach

THIS AGREEMENT Made this =~--~~ day of ·~~~--~~• 201 by and betw~en PALM aEACH COUNTY, a political subdivision o.f the State o;e' :Florida-;. hereinafter called the t1pa:tty i:5:f the first_ part 11 , and the STATE OF FLORIDA DEPJ\RnIBNT OF TRANSPORTATION' ile.reinaft<er called the ''Department" .

WITN)l:SSE'l'H,

WHEREAS, the _party o~ the first part is the holder of a certain, Drainage Easement,. da,ted 07 /21/0b, and record_ed in Official ;Records J:3.bok 20667, Page :zi2., of· the Public Records of Palm Be.ach County, :Florida and,

WHEREAS, a port-ion of the land encumbe-red by $aid Drainage Ea.$-E?.ment is required by the Department for publ_ic; ·transportation;

NOW THEREFORE, for and in conside.ration of t_he_ premises and the sum of one Dollar ($l~OOJ -and other good and· valuable con.siderations, paid, the receipt and sufficiency of which iS: he·reby acknowledged, the party -of the first part;. hereby agree-s, /::ov:enants, and con.sents with t,he Department .that the afores·aid. Draini;i.ge Easement is and shall continue _to be subject and subordina_te. to tl:le prop.e-rt;y r:ights of the Depart::rnen.t insofar ap said Drainage Easement_ affects the f'ollow.ing described property, viz:

See Exhibit ''A'' Description & Ske1;::ch

This subordination agreement shail b~ binding ·upon and inure to the benefit of the respective heirs, le_gal representatives, s.ucce·ssors an4 assigns of the parties hereto.

IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its board of County Commissioners acting by th~ Chairperson or Vic_e-Chairperson of said board, the day and year afores·aid.

ATTEST, ____________ _ Print Name: ____________ _ Clerk (or Deputy Clerk)

'ST.ATE OF FLORIDA

COONTY OF PALM BEACH

PALM BEACH COUNTY, FLORIDA By It_s Board of County Commissioner-~

BY, _____________ _

Print Name: ___________ _ Its Chairperson (or Vice-Chairperson)

The foregoing instrument was acknowledged before me this day of-----=~-~-' 201 , by ------=.,,--~----c-----~ Chairp~-i-son or Vice-Chairperson, who is personally known to me or who has produ·ced 7;~-~~----------------- as identification, and w;h6 di4 (-did not). take an oath.

Print Name: Notary Puhl"i_c_i~n--a-n~d-f~o-.r--t-h_e ___ _ County and State last aforesaid. My Commission Expires: _______ _ Serial No·., if any: ________ _

LEGAL DESCRIPTION

DESCRIPTION & SKETCH "EXHIBIT A•




A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 46 SOUTH, RANGE 42 EAST, BEING A PORTION OF lRACTS 114 THROUGH 120 OF THE PALM BEACH FARMS COMP ANY PLAT NO. 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGES 26 THROUGH 28, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 17; THENCE SOUTH 89"58'57" EAST, ALONG THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 17, A DISTANCE OF 583.00 FEET TO A POINT ON THE EXTENSION OF THE EAST LINE OF lRACT 113; THENCE NORTH 01'01'03" WEST, ALONG SAID EAST EXTENSION OF lRACT 113, A DISTANCE OF 114.02 FEET TO THE POINT OF BEGINNING;

THENCE CONTINUE NORTH 01'01'03" WEST ALONG SAID EAST LINE, A DISTANCE OF 29.00 FEET; THENCE SOUTH 89"58'57" EAST, A DISTANCE OF 425.17 FEET; THENCE SOUTH 00'01'03 WEST, A DISTANCE OF 8.00 FEET; THENCE SOUTH 89"58'57" EAST, A DISTANCE OF 200.00 FEET; THENCE NORTH 00'01'03" EAST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 89'58'57" EAST, A DISTANCE OF 200.00 FEET; THENCE SOUTH 00'01'03 WEST, A DISTANCE OF 7.00 FEET; THENCE SOUTH 89'58'57" EAST, A DISTANCE OF 200.00 FEET; THENCE NORTH 00'01'03" EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 89"58'57" EAST, A DISTANCE OF 200.00 FEET; THENCE SOUTH 00'01'03" WEST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 89"58'57" EAST, A DISTANCE OF 819.75 FEET; THENCE NORTH 89'17'59" EAST, A DISTANCE OF 215.47 FEET; THENCE SOUTH 44'05'25" WEST, A DISTANCE OF 46.50 FEET; THENCE SOUTH 89'17'59" WEST, ALONG A LINE PARAl.l.a TO AND 110.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 17, A DISTANCE OF 182.92 FEET; THENCE NORTH 89'58'57" WEST, ALONG A LINE PARALLEL TO AND 110.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 17, A DISTANCE OF 1990.75; THENCE NORTH 00'01'03" EAST, A DISTANCE OF 4.00 FEET; THENCE NORTH 89'58'57" WEST, ALONG A LINE PARAl.l.a TO AND 114.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 17, A DISTANCE OF 53.86 FEET TO THE POINT OF BEGINNING.

CONTAINING 1.736 ACRES, MORE OR LESS.

SURVEYOR'S NOTES 1. THIS DRAl'l1NG IS NOT A SURVEY.

2. PREPARED 1'11TH THE BENEFIT OF AN OWNERSHIP AND ENCUMBRANCE REPORT BY CHICAGO TITLE INSURANCE COMPANY, CASE NO. 37 43668.


4. THIS LEGAL DESCRIPTION IS NOT VALID 1'11THOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY WANlMAN GROUP, INC.

5. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF THE SOUTHWEST ONE"-'Qi:J'AR:JER OF SECTION 17, TOWNSHIP 46 SOUTH, RANGE 42 EAST, WHICH BEARS SOUTH 89'58'57" EAST'. >;> ,_.:~~ ~ ::;;,."·,, NOTES CONTINUE ON SHEET 2 , <>> .. ,•·. ••·• .. h~. •

L;i~/ THOMAS R. DllMAN PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NUMBER 5763

:;:/ ,::_~--~-'~·:.-:~'.;~• (. '~ r,.{i -=:

\:~1}! ~f ,i~ lN w antman Group, Inc. L.AUT:\478 Atlantic Ave ·;;.~h1n,\9GH\Sui-~~~\d=ITParcel80J. g

REFERENCE EngineerinQ ❖ Surveving ❖ Mapping 1----------~---------

2035 VISTA 1'ARKWAY, SUl'!E 100 FIELD JOB 204478. DD WEST PALM BEACH, FL 33411

(561) 687-2220 phone DRAWN BY PBT DATE D2 'D1/12 (561) 687-1110 fox /'

CERTIFICA 110N NUMBER 6091 CH'~CKED BY TRD LICENSED BUSINESS NUMBER 7055 "' SHEET 1 OF J





SURVEYOR'S NOTES (CONTINUE FROM SHEET 1) 6. SUBJECT TO TERMS ANO CONOlllONS SET FORTH IN ASSIGNMENT OF TRANSFERABLE DEVELOPMENT RIGHTS

RECORDED IN OFFICIAL RECORDS BOOK 18365, PAGE 1057, OFFICIAL RECORDS BOOK 18714 PAGE 236, OFFICIAL RECORDS BOOK 18714, PAGE 281, OFFICIAL RECORDS BOOK 18930 PAGE 1196, OFFICIAL RECORDS BOOK 20165, PAGE 1406 ANO OFFICIAL RECORDS BOOK 21386, PAGE 760.

7. SUBJECT TO A DRAINAGE EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 19495, PAGE 558 ANO AS AMENDED IN OFFICIAL RECORDS BOOK 21386, PAGE 740

8. SUBJECT TO A STANDARD POTABLE WATER ANO WASTEWATER DEVELOPMENT AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 18924, PAGE 381, AMENDED BY THE FIRST AMENDMENT RECORDED IN OFFICIAL RECORDS BOOK 20775, PAGE 1447


10. SUBJECT TO A DRAINAGE EASEMENT IN FAVOR OF PALM BEACH COUNTY RECORDED IN OFFICIAL RECORDS BOOK 20667, PAGE 730 ANO SHOWN HEREIN.


12. SUBJECT TO A RESOLUTION FIXING SETBACK REQUIREMENTS ON STATE ROAD 806 RECORDED IN DEED BOOK 1104, PAGE 158.

., I') -oO . 0 egj 0 z

·-

DETAIL

S89"58'57•E 425.17' (TOTAL)

133.19'

PARCEL 803

I

I I

I I

I I

I

--r7'- 31.56' -r - 260.42• • EXISllNG / ~ I DRAINAGE / k

..,: EASEMENT • '? j ORB 20667 / ~

PG 730

I J

-· 68.03' __ 'J_ 31.56' -. [.,;. 1891.16'

POB·j 53.86 N89'58'57•w 1990.75' (TOTAL)

Noo·o1 •03•E 4.00' 30 15 0 30

1,---.-,--.... ,---1a11111 GRAPHIC SCALE IN FEfl

SCALE: 1 • = 30

1,-

r w antman Group, In.c. <..'WT:\478 At/antic Ave Desian\nr.N\su,vev\dwa\TParce/803. g

REFERENCE Engineering ❖ Surveying ❖ Mapping 1----------~---------1

2035 IIISTA PARKWAY, SUi'iE 100 FIELD JOB 204478. 00 M:ST PALM BEACH, Fl 33411

(561) 687-2220 phone DRAWN BY PBT DATE 02 '01/12 (561) 687-1110 fax /'

CERTIFICA 110N NUMBER 6091 CHECKED BY UCENSED BUSINESS NUMBER 7055 TRO SHEET 2 OF 3





= FOOT R/N W.P = POINT OF Cc».t.ENCEMENT = RIGHT-OF-wAY = SECTION = STATE ROAD

N89"17'5~

g -i2 -« -11

c:, ~-"-&l,;; ..J

c:, S:?~ "' iE"'

~ c:, c:, -

1\\1 Wantman Group, Inc. T: 478 Atlantic Ave Desi n REFERENCE

Enoineering ❖ Surveying ❖ Mapping 1----------.------------1 2ll35 VISTA PARKWAY, SUITT: 100 FIELD JOB 204478. 00

\\EST PALM BEACH, Fl 33411 (561) 687-2220 phone DRAWN BY PBT DATE: 02/01/12

(561) 687-1110 fax CERTIFICATION NUMBER 6091

LICENSED BUSINESS NUMBER 7055 CHECKED BY TRD SHEET J OF J

36-SUB.03-06/93

This instrument prepared under the direction of~,. ~ Laurice C. Ma. yes, ·Es~.- :_.: ; -· 'ffi Sketch & LegaJ. descr1ptioii Prepared by: Wantman Group, Inc .. Doci.+ment prepared by:: Diana Helmer ( 0;;;/2:!./12) Department of T:Pi:UlSportation 3400 w. commercial- Boul~vard Ft. Lau,d_erd$.le, "Fl.Qi:"i.da 3'3-3-0'9

Parcel. No. -Item/se;gment No. Se-ction Ma,~ging District: s .• R. No. County:

SUBORDINATION AGREEMENT

803.4 2296583 93030-2502 04 806 Paltn B:each

THIS AG;REEMENT N~de this =c-----,-..,- day of _______ , 201 __ , by and be.tween PALM BJ~~A.CH .-COUNTY, a politic'.3-l subdivision of the Stat:;e of Florida, her:~·inaft!=;r .ca.11e:d the 11party of the first part-", and the STATE OF FLORIDA DEPARTMENT OF Tl\,ANSPORTATION, hereinafter called the 11·Department" .

WJ:TNESSETl!,

WHER;RAS, the party of the firs:t part is the holder of a certain Reclaimed water_ Dev-el9pm.ent ,A~ee:ment.(DA) r dated 08/15/06r and r.eCar.ded in Official Records Book 2-077'5, P~ge 144'9, as affected by t~e Parti9,l Release, reoo-rded in O;ffidi_al Reco:r:ds Efook "24327, PagE;! 1177, b.6th .of the Public Record$. of Palm Beach ·county, Flq+ida- and, · --

WHEREAS, a ;portion of t-he land· encurnb.e:r:ed by said Reclaimed W.ater Development Agreement(DA) as affected by said PartiaJ,. R~lease. is -required Py 't1l$ ·pe;partment f.or publ:i.c t.ransportation;

NOW THEREFO~ . ., for arid in col'ls·ider~tion o.f the premises and the sum of one Do,llar- (.$·1. 00,) and other good .and valuable conside~at,ions, paid, the rece:ipt and suff'i.qiency of which is hereby acknowledged, the party of the. first part ·hereby agrees, :Cove'nants, and consents ·witl;l. the Department that th1=; aforesaiQ. R$claimed, Water Developrn.~nt Agreement(DA} as affected by said Parti~l_ Release i's ?-?+9 Shall continue to l.;>e s.upje·¢t and subordinate to the p]::operty· •rights of the Dep~rtment insofar as said Reclaimed water oeve.lopment .Agreeni€!:o.t {DA} .i?,s· affected by said Partial Re.lease aff.ects the f·olTow.ing des·c;z:-ibB.d property, viz:

See .Exhibit "An De-scriptiOri .& ·_SketQh

This subordination agreement shall be .binding upon and inure to the benefit of the ·resf!e.ctive heirs, legal representatives, succe·ssors ~d assigns of the parties hereto-.

IN WITNESS WHEREOF, _t;he. said granter has caused these presents to be executed in its name by its board of County Commissioners acting by the Cbairperson .or Vice-Chairp~rson o.f said board, the day and year aforesaid.

ATTEST, _____________ _

Print Name: ____________ _ Cl.erk (or Deputy Clerk)

STATE OF FLORIDA

COUNTY OF PALM BEACH

FALM BEACH COUNTY, FLORIDA By Its Board of County Cornm:i..s-s ioners

BY, _____________ _

Print Name: __________ _ Its Chairpeison {or Vi.ce-Chairperson)

The foregotng instrument was acknowle.dged before me this day of----=--~' 201 ,. by-----=----------Chairperson or Vice-Chairperson, who is person"Gl-lly known to me or who has produced-,.,..,,----,--,---,-,--------------- as identification, and who did {did not) take an oath.

Print Name=----~~--~---NOtary Public in a~d for the County and State last aforesaid. My Comrnis,sion Expires: ______ _ serial No., if any: ________ _

LEGAL DESCRIPTION





A PARca OF LAND L'rlNG IN SECTION 17, TOWNSHIP 46 SOUTH, RANGE 42 EAST, BEING A PORTION OF TRACTS 114 THROUGH 120 OF THE PALM BEACH FARMS COMPANY PLAT NO. 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGES 26 THROUGH 28, OF THE PUBLIC RECORDS OF PALM BEACH COUNlY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 17; THENCE SOUTH 89"58'57" EAST, ALONG THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 17, A DISTANCE OF 583.00 FEET TO A POINT ON THE EXTENSION OF THE EAST LINE OF TRACT 113; THENCE NORTH 01·01•03• WEST, ALONG SAID EAST EXTENSION OF TRACT 113, A DISTANCE OF 114.02 FEET TO THE POINT OF BEGINNING;

THENCE CONTINUE NORTH 01-01'03" WEST ALONG SAID EAST LINE, A DISTANCE OF 29.00 FEET; THENCE SOUTH 89"58'57" EAST, A DISTANCE OF 425.17 FEET; THENCE SOUTH 00-01'03 WEST, A DISTANCE OF 8.00 FEET; THENCE SOUTH 89°58'57" EAST, A DISTANCE OF 200.00 FEET; THENCE NORTH 00-01'03" EAST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 89"58'57" EAST, A DISTANCE OF 200.00 FEET; THENCE SOUTH 00"01'03 WEST, A DISTANCE OF 7.00 FEET; THENCE SOUTH 89"58'57" EAST, A DISTANCE OF 200.00 FEET; THENCE NORTH 00"01'03" EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 89°58'57" EAST, A DISTANCE OF 200.00 FEET; THENCE SOUTH 00"01'03" WEST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 89°58'57" EAST, A DISTANCE OF 819.75 FEET; THENCE NORTH 8917'59" EAST, A DISTANCE OF 215.47 FEET; THENCE SOUTH 44"05'25" WEST, A DISTANCE OF 46.50 FEET; THENCE SOUTH 8917'59" WEST, ALONG A LINE PARALLEL TO AND 110.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 17, A DISTANCE OF 182.92 FEET; THENCE NORTH 89°58'57" WEST, ALONG A LINE PARALLEL TO AND 110.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 17, A DISTANCE OF 1990.75; THENCE NORTH 00-01'03" EAST, A DISTANCE OF 4.00 FEET; THENCE NORTH 89"58'57" WEST, ALONG A LINE PARALLEL TO AND 114.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 17, A DISTANCE OF 53.86 FEET TO THE POINT OF BEGINNING.

CONTAINING 1.736 ACRES. MORE OR LESS.

SURVEYOR'S NOTES 1. THIS DRAMNG IS NOT A SURVEY.

2. PREPARED MTH THE BENEFIT OF AN OWNERSHIP AND ENCUMBRANCE REPORT BY CHICAGO TITLE INSURANCE COMPANY, CASE NO. 3743668.


4. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY WANTMAN GROUP, INC.

L~~ THOMAS R. DITMAN PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFlCA TE NUMBER 5763

w antman Group, Inc . ......,T:\<178 Atlantic Ave 'o~;iorilnt'.N\5~~-~ev\d=ITParce/803. g REFERENCE

Engineering ❖ Surveying ❖ Mapping 1---------------------1 2035 \1STA PARKWAY, SUl'IE 100 FIELD JOB 20-1478.00

WEST PALM BEACH, Fl 33411 (561) 687-2220 phone DRAWN BY

(561) 687-1110 fax PBT DAT£ 02/01/12

CERTIFICATION NUMBER 6091 CH'~CK= BY LICENSED BUSINESS NUMBER 7055 "' "" TRD SHEU 1 OF 3





SURVEYOR'S NOTES (CONTINUE FROM SHEET 1) 6. SUBJECT TO TERMS AND CONDlllONS SET FORTH IN ASSIGNMENT OF TRANSFERABLE DEVELOPMENT RIGHTS

RECORDED IN OFFICIAL RECORDS BOOK 18365, PAGE 1057, OFFlCIAL RECORDS BOOK 18714 PAGE 236, OFFICIAL RECORDS BOOK 18714, PAGE 281, OFFICIAL RECORDS BOOK 18930 PAGE 1196, OFFICIAL RECORDS BOOK 20165, PAGE 1406 AND OFFICIAL RECORDS BOOK 21386, PAGE 760.

7. SUBJECT TO A DRAINAGE EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 19495, PAGE 558 AND AS AMENDED IN OFFlCIAL RECORDS BOOK 21386, PAGE 740

8. SUBJECT TO A STANDARD POTABLE WATER AND WASTEWATER DEVELOPMENT AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 18924, PAGE 381, AMENDED BY THE FIRST AMENDMENT RECORDED IN OFFICIAL RECORDS BOOK 20775, PAGE 1447


10. SUBJECT TO A DRAINAGE EASEMENT IN FAVOR OF PALM BEACH COUNTY RECORDED IN OFFICIAL RECORDS BOOK 20667, PAGE 730 AND SHOWN HEREIN.


12. SUBJECT TO A RESOLUTION AXING SETBACK REQUIREMENTS ON STATE ROAD 806 RECORDED IN DEED BOOK 1104, PAGE 158.

31': • I'). oO • 0

eFJ 0 z

DETAIL

S89"58'57"E 425.17' (TOTAL) '·- 133.19'

PARCEL 803

'·- N89'58'57"W

I

I I

I I

I I

I

-r7 ·- 31.56' -7y- 260.42' • EXISTING 1

"I DRAINAGE /,....;._ .,_. EASEMENT •

"? / ORB 20687 / ~ PG 730

I J

POB-~ 53.86

--;,./'1::·_-__ .....,:6:::8::.::.0:::3~• -----.:.A,! f.:..--...:::3~1-:::;56:::..'_-.;;:···:.1o/;;;..,.1-.....:.:18::::9:..:.1:.:..1:::..6' N89'58'57"W 1990. 75' (TOTAL)

Noo·o1 •03"E 4.00' 30

I

15 0

' GRAPHIC SCALE IN FEET

SCALE: 1• = 30'

30 "" I f

Wantman Group, In.c. CADT:\.78 Atlantic Ave 0esign\DGN\Survey\dwo\TPorce/803. •g REFERENCE

Engineering ❖ Surveving ❖ Mapping t-:::::--:c--------r----------1 2035 VISTA PARKWAY, SUITE 100 FIELD JOB 204478.00

WEST PALM BEACH, FL 33411 (561) 687-2220 phone ORAWN BY PBT DATE 02 '01/12

(561) 687-1110 fax /' CERTIACA TION NUMBER 6091 CHECKED BY

LICENSED BUSINESS NUMBER 7055 TRD SHEET 2 OF 3

DESCRIPTION & SKETCH "EXHIBIT A•




TRACT 120

J~ N c-il !?21

I I

di ~

i ~

s441Js',2s·w 46.fO' I

58917'59•~ 182.92' ··hll---,---

.?"1 0 -½R O I E ol N .,.: EXISTING R W LIN

--i3\~;::: ___ <?_RB 19969, PG 876

•,-s-t--,,,7=:il'--as"'8""9·""58"""'57"""'E-~I ~ - - -- -- 17

l-l~iill-,h~583.oo' :::::5J .,,...;!=-,-,,!: __ __ _ _ _ -~r:'!!lliP---''--N89'17'5~ 60 PLATTED ROAD EASEMENT ~ O

PLAT BOOK 2, PAGES 26-28) ATLANTIC A VE:NUE (SR 806,,1-__ I-----SOUTH LINE OF THE SW(1/4) (FDOT R/W MAP 93030-1502) SEC. 17-46-42 S89"58'57"E THE SOUTH (1/4) CORNER

POC (BASIS OF BEARING) SECTION 17-46-42 N= 771416.337 (M)

SOUTHWEST CORNER SEC. 17-46-42 N= 771417.145 (M)

E= 924430.988 (M)

E= 921804. 752 (M) PALM BEACH COUNTY BRASS DISK FDOT R/W MAP SECTION NO. 93030-1502

PK NAIL IN BOX CUT FDOT R/W MAP SECTION NO. 93030-1502

LEGEND: FOOT = FLORIDA DEPARTMENT OF TRANSPORTATION (P) = PLAT M PB = PLAT BOOK POC PG. = PAGE R/W POB = POINT OF BEGINNING SEC. ORB = OFFICIAL RECORDS BOOK SR

SOUTH LINE OF THE SE(1/4) SEC. 17-46-42

= FOOT R/W MAP = POINT OF COMMENCEMENT = RIGHT-DF-IYAY = SECTION = STATE ROAD

g -~g -a,; II

0 ~. ~-(/J .;_;

0 S,2~ IC) it (/J

~ 0 0 -

lm Wantman Group, In.c. T: 478 Atlantic Ave Desi n REFERENCE

Enqineerinq ❖ Surveyinq ❖ Mapping 1-----------,----------1 2035 'IISTA 'l>ARKWAY, SUITT: 100 FIELD JOB 204478.00

WEST PALM BEACH, FL 33411 (561) 687-2220 phone DRAWN BY PBT DATE 02/01/12

(561) 687-1110 fax CERTIFlCATION NUMBER 6091 CH"'"vc-r. BY TRD

LICENSED BUSINESS NUMBER 7055 """"-" SHEET J OF J

o~pbcgov.com/pubinf/agenda/20120417/3c8.pdf · 2012. 4. 17. · 114 through 120 of the palm beach...

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