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Res 14-11I IIII II III it III ii III II lil II 111 II Ili II III If III Il lif 11111 GFN '011rct209653 Ok L~K 2566 PG 1Ci69 RECCIRDED 06/08/2011 13:33:12 Palm Beach County, Florida Sharon R. Bock. CLERK & COMPTROLLER Pgs 1869 - 1880; (12pgs) K~SULU'I'IUN NU. 14-11 :1 Kt?SOI.l''1•ION OI' ~flll•: (:1'I~' CO~1it11SSION O1~ TIII': CITY O1: U1•:1.Ka1' t31•;A(;11, f~l.OKtl):\, ~'A(::\7'WG :\Nl) \13:ANI)ONIN(~ ;A l'OK7~lUN C)t' Sh: 12cn KOAI) r1Nl) :1NU1'lll•:K l'NN:\~it•;l> KO:\1), :\ti ~1OKl•. P:1K'I1Cl'1.,11t1.~' 1)L-a(;1t1131~:1) f ll?KI•:IN, lil''I• KhSI•at\'lNG .\NI) K1:"1•~\INING 'fO 'I'lll~: CI'['1' .\N 1?:\SL:(`ri•:N'1' O\'1:K :1 I)OK"I'1ON O1~ 'flll~. .\KI•::\ 1•l il•:KI•:(>I~, :\S i`1ORl: P:\K17C1!1.:\K1.Y' Ul•:SCK113h:U III~:KI•:I\~ W'FIh:RI•;AS, thc• (;ity has rrcei~~rd an al,plicatum rclatin~ to thc• }~ranklin at Uclray lie•ach prulcc•t to abandon a portwn ut the rt};ht-of-wa~• for SI: 12''' Kuad and the right-uf-way ti)r another unnamed road, as set forth un the Flat of thc• Lambert 'frailer (:curt, 1'13 22, 1'G 41, with the (.u~ rc•tainins; rcrtain cascnx•nts ucc•r thc• area; :Ind VG~H!~:RLAS, sa,d apphcauun for abandonnu•nt of a general publtc right-of-way was I,r„cc~sc•d pur~u:utt t, ~ ~ccuun 2.•3.G(;~1), ":\bandonntent of Kights-Llf-\Vay", of the land 1)e•~ c•lupmrnt Krgulauvm of the (:it)' etf l)elra~ Brach; and Vt;'HERLAS, pursuant w I.llK Sectwn 2.4.G(:til)(3)(e), the I)lanning and "toning Huard, ati Local 1'lanninl; :lgenc~~, formally reviewed the Ittatter at a public hearing on January 24, ?(111, and voted 5 to U to recommend approval of the abandonment, based upon positive findings wtth respect to Lf)K Secti(xt ~.4.G(tii)(~), and sublret to the condition that an easement be provided to the (:itg until such tintr as re•placetnenr right of wad Is dedicated, constructed, and approved b}' nc~ (:its I•:nl;utccr; :end WHI:RI:AS, thc• [.rte (:umnu~sunl tit the Ctt~~ ul l)clra~~ 13cach, I~londa, finds that it: in[erest in the• de•scrthed prupc•rty is nu lunKer ne•ed(•d ti,r the• public l;uod and deems it to be in [hc best interest of the (ah of Ih•Ira~ tlctch to vacate xnd abandon said ri};ht tit-way, based upon pusiuve• tindin~s pursuant to I.1)It SeeUun ?.-1.6(\1)f~}, sublcct ie, the icrrns act forth herein. NOVG', "I'HLKI:I~()I2Is, I3 E? I'I• KESULVI:ll BY •rI-I~ CITY COMMISSION OF'TIll; CITY OI~ ll1iLRA1' 13l;ACH, I~LOKIllA, A5 FOLLOWS: Section 1. That pursuant ic, Chapter I,?.itll(~) and (;hapter IGG of the l~lorida ~tauites, t[ is hereby detcrnuned I)~ the I)elr,[y lie•aclt (;uy Comnussiun to vacate and ab:lndUn all n~ht and intrn•st it holds to du• real proprrt~ as described as follows: Sl•:1•::\ 1'l :1(;111:1) I•:\111131 f "•1" but retains and resc•rves unto uselC an easrntent over the area as dc•scr(bed tit L?xlttbrt "13" attached he•re•to ("Access L:asrmc•nt"), tilt the purposes of public rt~ht-of wad, anti! such time as the• future roadway more tirll~ descnbrd ui I-:xhtbu "C'~, attached hereto, is dedicated to the public, has been consn•uctrd, and the Cite l~:n~tncer has executed and recorded the Ceruftcate of Substantial (_:ompletion in the feann attached hereto as l:~:xhtbit "ll", at which tune• .aid \ccess Fsasetnent as srt ti~rth to lxhibtt "ti" shall autonrrticall\ terminate. Shuuld the future roadwa\~ set forth in ~ xhi t "~ not br substantially completed, as dctertn-ncd (» the (:u}' E_;nguiecr, within two (2) years of the adoption of this Krsolutiun, the Cite shall resen•c the right to have the abandonment as more fully described on the attached L:xhibit ":1" revert back to public right.. of-way and this Resoluti<m be deemed null and void. _~ PASSEll ANll AllOP"I'Ell in regular session on this ~` a\• of _~\~~1 , 2111 I . `~ -- \1 :1 1 :\'I"Ch:ti'i~ (;uv (:Irrk EXHIBIT "A" ~CR~-M E~TF -- _ \\ \~ Tel: (561) 241-9988 949A Clint Moore Road SURVEYING & M A P P I N G Boca Raton, Florida 33487 Certificate of Authorization No. LB7264 Fax: (561) 241-5182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) FRANKLIN AT DELRAY BEACH-RIGHT OF WAY ABANDONMENT LEGAL DESCRIPTION ALL OF THE SOUTH 18.00 FEET OF TRACT 5, "LAMBERT TRAILER COURT", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH THAT PORTION OF THE SOUTH 18.00 FEET OF TRACTS 1 AND 2, "LAMBERT TRAILER COURT", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FALLING WEST OF THE WEST RIGHT-OF-WAY LINE OF US HIGHWAY ~1, AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 9301-206. TOGETHER WITH THE SOUTH 18.00 FEET OF TRACT 6, "LAMBERT TRAILER COURT", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT THE SOUTH 18.00 FEET OF THE WEST 220.00 FEET OF THE EAST 320.00 OF SAID TRACT 6. SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAIN 0.620 ACRES, MORE OR LESS. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION 3. BEARINGS SHOWN HEREON ARE BASED ON A GRID BEARING OF NORTH 00° 01'52" WEST, ALONG THE WEST LINE OF THE NORTH EAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 21-46-43, ACCORDING TO PALM BEACH COUNTY CONTROL MONUMENTS, "DIXIE LAMATRA" AND "McCARTHY". ABBREVIATIONS L ARCLENGTH CONC. CONCRETE COR. CORNER D = DELTA (CENTRAL ANGLEI D. E. = DRAINAGE EASEMENT ].R. IRON ROD I.R.C. IRON ROD AND CAP L.B. = LICENSED BUSINESS L.S. = LICENSED SURVEYOR MON. = MONUMENT O.R.B. = OFFICIAL RECORDS BOOK P. 0. 8. - POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT P.B. = PLAT BOOK P. B. C. R. = PALM BEACH COUNTY RECORDS PG. PAGE P.S.M. PROFESSIONAL SURVEYOR 6 MAPPER R/W RIGHT-OF-WAY U.E. = UTILITY EASEMENT CERTIFICATION I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION. -- -------------- J ODAPP RVEYOR AND MAPPER LORIDA LICENSE N0. LS5111 a~ Protect Name: FRANKLIN AT DELRAY BEACH R/W ABANDONMENT DATE: 11/O2/ZOIO roe No. 08130 DWG Bv: JLH CK'D av= JSH SHEET 10F 2 EXHIBIT "B" 949A Clint Moore Road SURVEYING & M A P P I N G Tel: (561) 241-9988 Boca Raton, Florida 33487 Certificate of Authorization No. LB7264 Fax: (561) 241-5182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) FRANKLIN AT DELRAY BEACH-TEMPORARY ACCESS EASEMENT LEGAL DESCRIPTION THAT PORTION OF THE SOUTH 18.00 FEET OF TRACT 1, "LAMBERT TRAILER COURT", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FALLING WEST OF THE WEST RIGHT-OF-WAY LINE OF US HIGHWAY ~1, AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 9301-206. TOGETHER WITH THE EAST 100.00 FEET OF THE SOUTH 18.00 FEET OF TRACT 6, "LAMBERT TRAILER COURT", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAIN 0.166 ACRES, MORE OR LESS. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITf-TOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION 3. BEARINGS SHOWN HEREON ARE BASED ON A GRID BEARING OF NORTH 00° 01'52" WEST, ALONG THE WEST LINE OF THE NORTH EAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 21-46-43, ACCORDING TO PALM BEACH COUNTY CONTROL MONUMENTS, "DIXIE LAMATRA" AND "McCARTHY". ABBREVIATIONS L = ARCLENGTH CONC. = CONCRETE COR. CORNER D - DELTA (CENTRAL ANGLE) D. E. = DRAINAGE EASEMENT ].R. = IRON ROD ].R.C. IRON ROD AND CAP L.B. LICENSED BUSINESS L.S. ~ LICENSED SURVEYOR MON. ~ MONUMENT O.R.B. - OFFICIAL RECORDS BOOK P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT P.B. PL A7 BOOK P. B. C. R. ~ PALM BEACH COUNTY RECORDS PG. PAGE P.S.M. = PROFESSIONAL SURVEYOR & MAPPER R/W = RIGHT-OF-WAY U.E. ~ UTILITY EASEMENT CERTIFICATION I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIE AS PREPARED UNDER MY DIRECTION. J . HODAPP URVEYOR AND MAPPER FLORIDA LICENSE N0. LS5111 "°°+CK .3', ~~ ~,~ ~ r. . ~x,oa 0 ~ ~~ . ~. Fro~ect Name: FRANKLIN AT DELRAY BEACH TEMPORARY ACCESS EASEMENT oaTE: 11/02/2010 roe No. 08130 DwG ev: JLH CK'D aY: JSH SHEET 1 OF 2 r ~ .~ m ~ ~ N 0 00° 00'49"W 34 6.94 ' ^1 ~-' a ~" _ I / ~ "SILVER TERRACE" (P.B. 11, PG, 61) -=-'- ~ ~_ ' ~ I ~ I~ N00° 00'49"W f`-~ , I ~ 9"W _~ ~ N00 ~ 18.00' -~ ~ N ~ ~ 18 00 ~ _ ~_ _ - - - ~ "~) D B ( _- I ~(,) a, PG (D.B 98 I ___._. ~- I 18 R/W RESEF':~L i f 1 1 - -~" ~ - - - - USE OF ADJ~)l ~ i,:c I ~ I I 04VNERS (P.B.?_2_, PG. I I I OA n2 I N ~ I A W I g I N~ c„ IN~ ~ ~ ~pN I OW W '--~ON ~ tD y ~ I I NZ~ z I ~p ~O I -~ N ~ z ~ THIS ~ ( goo I ~ I ~ a o _ SfCETCH I I ~z0 / I ~-- 18' EASEMENT m / r*~ z I ~ I I (D.B. 871, PG. 184> c ~ I Ul C ~ (n I ~ a , i I I m ~ I~ -- j 18' EASEMENT o o j I N ° _-- I N - (D.B. 877, I PG. 486) ~ ~ I o l o t / ~ ~ i, ~s I I ~ ~~ I~ ~ `I ~ S00°01'16"E ono ~ ~ I ~ -~ ~ . ~~ ~ ~ 133.50' - LOCATION MAP ~ im ~ ~ r rn D I ~r rn n o ~ I,OO z w° l ~ ,. D ~-a Iw O rn rn -i ~ o~ 0 O ~ I ~ 1 0 ~~ 0~ ^ w W Im _p •A o m ~ oo-D ~~ I I_ = J ~ O ~ I D .~ D -~ I~ I ~~ I o ~ I I / I N O o f Oo o rn ~~ ~ r I I I -.~ I ~ o W o0 o p0 0o O_ _; ~ I I A-- I ~ my / ~ ~ I m I ~~ I mm ~m f*I / N00°01'16"W I I omD I z cam ~~ /133.50' I Om O~ ~ D o O cn I / 00' 20 ~ I o-Z c ~o~ ~ ~ I R "~ .. ~ ,~ . _ ~ r -0 I ~ ~O~ io __ I „O t A __ 1 1 CO ~ I Om w ~ rnm I cv 1 O ~ cn0 ~~ I I ~o z I m ~ 1 O O m ~ -oo I a I ~"-- ! w C7 ~ i \"I i ~ I W D I N r+i W I ~ , 1 ~ -. __ N ~ i ~ ^ D I ~ I NN INw moo `~ I ~ ~ I o o I N~ ~ ~' I , ~r I I J I - J n ~ ~ "% I I -~ I ~~ (,, t'' __ -~~__ __ __ 18' R/W RESERVED FOR c71o i ~,I, ___ 1.. - - USE OF ADJOINING ~ . I OWNERS (P.B.22, PG. 41) °-o i~ I ~~ 1 0 I N 1 ~ I -I~ 1 ~ - ~~ 01 I r.i I~ ,0 I D O z ~ ~ C 1 z cn m m .U N O I " I~ `.., n~ N( O I ~N O ~ O ~ I~`° WOm ~D~ CO m IJ \ I I N W(''I IN CN OgZ L In1 NU1 I(P~ .p P O Z 10 o nD U I I I m ~ m z 1 - ~ ~ TJ F S T ~SR SF p~ I ~~ aC~m 1 v~o J o SJ A ON ~ I 1 D v oAp 9`30 -- m T7 ~ 1 Q fTl - _ 8 D°00° 22'46".j ` ~ , R=2836.93' ~ L-18.79' D-00° 22'35"i ~- 0 R-2836.93' , R•?83355" _ - L-18.63' ~-67 9~3' ~ - g ,toe r1o. 08130 Prolect Name:FRANKLIN AT DELRAY BEAC owc ev: JLH scA~E: 1"=100' TEMPORARY ACCESS EASEMENT cK•D ev: JSH DATE: 11/O2/2OlO SHEET 2 OF 2 EXHIBIT "C" ~R~ tv_r F rF 949A Clint Moore Road Tel: (561) 241-9988 Boca Raton, Florida 33487 SURVEYING & M A P P I N G Fax: (561) 241-5182 Certificate of Authorization No. LB7264 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) FRANKLIN AT DELRAY BEACH -TURN LANE RIGHT OF WAY LEGAL DESCRIPTION A PORTION OF LOT 1, "LAMBERT TRAILER COURT", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, PAGE 41, AND A PORTION OF "PROFESSIONAL OFFICE PLAZA FOR ACOUILANO", AS RECORDED IN PLAT BOOK 44, PAGE 147, BOTH OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF SAID "PROFESSIONAL OFFICE PLAZA FOR ACOUILANO", SAID POINT LYING ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS NORTH 78° 01'08" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, ALSO BEING THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NUMBER 1, ACCORDING TO THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 9301-206, HAVING A RADIUS OF 2836.93 FEET AND A CENTRAL ANGLE OF 02° 03'43", A DISTANCE OF 102.09 FEET; THENCE NORTH 26° 00'49" WEST, A DISTANCE OF 20.27 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, AT WHICH THE RADIUS POINT BEARS NORTH 76° 16'18" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2823.93 FEET AND A CENTRAL ANGLE OF 04° 08'13", A DISTANCE OF 203.89 FEET; THENCE NORTH 22° 29'39" EAST, ALONG ANON-TANGENT LINE, A DISTANCE OF 55.88 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT AT WHICH THE RADIUS POINT BEARS NORTH 81° 30'31" WEST; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, ALSO BEING SAID WEST RIGHT-OF-WAY LINE, HAVING A RADIUS OF 2836.93 FEET AND A CENTRAL ANGLE OF 03° 29'23", A DISTANCE OF 172.79 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAIN 0.071 ACRES, MORE OR LESS. ABBREVIATIONS H NOTES CONC. = CONCRETE 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID COR. = D CORNER DELTA (CENTRAL ANGLE) WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED c D. E. DRAINAGE EASEMENT SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. - L.B. LICENSED BUSINESS NO SEARCH OF THE PUBLIC RECORDS WAS MADE 2 L.S. = LICENSED SURVEYOR . IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION. MON. = R B. O MONUMENT OFFICIAL RECORDS BOOK 3. BEARINGS SHOWN HEREON ARE BASED ON A GRID . . P. 0. 8. - POINT OF BEGINNING BEARING OF NORTH 00° 01'52" WEST, ALONG THE WEST P.O.C. = POINT of COMMENCEMENT LINE OF THE NORTH EAST ONE-QUARTER OF THE P.B. PLAT BooK SOUTHWEST ONE-QUARTER OF SECTION 21-46-43, P. B. C. R. PALM BEACH COUNTY RECORDS ACCORDING TO PALM BEACH COUNTY CONTROL PG• P.S.M. PAGE PROFESSIONAL SURVEYOR "DIXIE LAMATRA" AND "McCARTHY". MONUMENTS 8 MAPPER , R/W RIGHT-OF-WAY U.E. ~ UTILITY EASEMENT CERTIFICATION I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE - ~ E` ~'~ AND BE REP UNDER MY DIRECTION. '°°°`°p - -- - ----------- ~Y69~ JE PP SU EYO AND MAPPER F RIDA LICENSE N0. LS5111 Prol ect Nome=FRANKLIN AT DELRAY BEACH TURN LANE R/W DnrE: 11/02/2010 roe No. 08130 DwG ev= JLH REV. 3/37/2011 CK'D ev= JSH SHEET 1 OF 2 g1 E T~ M ~ - - Q 949A Clint Moore Road SURVEYING & M A P P I N G Tel: (561) 241-9988 Fax: (561) 241-5182 Boca Raton, Florida 33487 Certificate of Authorization No. LB7264 SKETCH AND LEGAL DESCRIPTION I'll .~[~ ~ ~~~ ~'~~~"i' 1~I1~' '~tf R NOT A SURVEY ~ , ~~~ ~~ ~ , L~ ~~~~~,~ 11 ~ ~~o_ ~~'~ ~_ -RADIO N81°3pBjAWS_.. 1 ci - SW 10TH STREET THIS ~ ~\ SKETCH ,°~ _ ~. ~ ;~ N n ~ ~ MN° „~ 1 ~ "PROFESSIONAL OFFICE ~~- PLAZA FOR ACOUILANO" ~' tN~ ~ N~ O --~_") LINTON BOULUARD ,..~~'~ (P.B. 44, PG. 147) Z ~ I ~JO I LOCATION MAP ~ ~ ~ ~ - _ rn~ ~ / ~~ 0 l / ` ~o 1 ;VNp ~ ~ -'o I r RADIUS N78aOi'OgAW~ /I o w c~ -- --- - \ -- _ _ -------- - z w~Q~ w °o~~ o ~ ~a~~ ~ `n z z ~o~~ 0 cl~Od. . v -- - „„ - L.L.. . N m - ---- ___ - - m ~ -- -- u Qa -. RADIOS - UJON.~ ~ a E f LOT 1 Naga X6;18 ~S\ = a (TRACT 1) N26° X0'49"W ----- 1 20.27 --------------------- ~~M 18' R/W RESERVED FOR USE OF ADJOINING OWNERS (P.B.22, PG. 4ll MO a' r7 ca op ~ O ,~.~N "PLAT OF LAMBERT TRAILER COURT' ~; JN \ (P.B. 22, PG. 41) ~3 o ~ O \, ~~ ~ D LOT 2 (TRACT 2) ~`~_ J•OO OV 1 ~~ - - - - - ' goo No. 08130 Proiect No~:FRANKLIN AT DELRAY BEAC Dwc er: JLH sca~E: 1"=60' TURN LANE R/W CK'D By: JSH DATE: 11/OZ/ZOIO SHEET 2 OF 2 ~g~ ME rF Q ~ 949A Clint Moore Road SURVEYING & M A P P I N G Tel: (561) 241-9988 Boca Raton, Florida 33487 Certificate of Authorization No. LB7264 Fax: (561) 241-5182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) FRANKLIN AT DELRAY BEACH -PUBLIC RIGHT OF WAY LEGAL DESCRIPTION A PORTION OF LOl ~ 1 AND 6, "LAMBERT TRAILER COURT", ACCORDING TO THE PLAT THEREOF, AS RECORDED IfJ PLAT E~OOK 22, PAGE 41, AND A PORTION OF "PROFESSIONAL OFFICE PLAZA FOR ACOUILANO", AS RECORDED IN PLAT BOOK 44, PAGE 147, BOTH OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF "PROFESSIONAL OFFICE PLAZA FOR ACOUILANO", SAID POINT LYING ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, AT WHICH THE RADIUS POINT BEARS NORTH 78° 01'08" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE ALSO BEING THE EAST LINE OF SAID "PROFESSIONAL OFFICE PLAZA FOR ACOUILANO", HAVING A RADIUS OF 2836.93 FEET AND A CENTRAL ANGLE OF 00° 20'42", A DISTANCE OF 17.09 FEET; THENCE NORTH 78° 21'50" WEST ALONG ALINE, RADIAL TO THE LAST AND NEXT DESCRIBED CURVES, A DISTANCE OF 13.00 FEET TO THE POINT OF BEGINNING, ALSO LYING ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2823.93 AND A CENTRAL ANGLE OF 02° 05'32", A DISTANCE OF 103.12 FEET; THENCE NORTH 26° 00'49" WEST, ALONG ANON-RADIAL LINE A DISTANCE OF 33.94 FEET; THENCE SOUTH 89° 23'07" WEST, A DISTANCE OF 301.31 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY AND SOUTHERLY, ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90° 0734", A DISTANCE OF 39.32 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 00° 44'27" EAST, A DISTANCE OF 57.44 FEET; THENCE SOUTH 89° 23'07" WEST, ALONG THE SOUTH LINE OF SAID LOT 6, A DISTANCE OF 59.46 FEET; THENCE NORTH 00° 01'19" EAST, A DISTANCE OF 18.00 FEET; THENCE NORTH 89° 23'07" WEST, A DISTANCE OF 15.77 FEET; THENCE NORTH 44° 15'33" EAST, A DISTANCE OF 35.36 FEET; THENCE NORTH 00° 44'27" WEST, A DISTANCE OF 14.28 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 75.00 FEET AND A CENTRAL ANGLE OF 90° 07'34", A DISTANCE OF 117.97 FEET; THENCE NORTH 89° 23'07" EAST, A DISTANCE OF 315.15 FEET; THENCE NORTH 50° 30'38" EAST, A DISTANCE OF 31.38 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAIN 0.558 ACRES, MORE OR LESS. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION. 3. BEARINGS SHOWN HEREON ARE BASED ON A GRID BEARING OF NORTH 00° 01'52" WEST, ALONG THE WEST LINE OF THE NORTH EAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 21-46-43, ACCORDING TO PALM BEACH COUNTY CONTROL MONUMENTS, "DIXIE LAMATRA" AND "McCARTHY" CERTIFICATION ABBREVIATIONS L ARCLENGTH CONC. CONCRETE COR. CORNER D = DELTA (CENTRAL ANGLE) D.E. DRAINAGE EASEMENT L.B. = LICENSED BUSINESS L.S. LICENSED SURVEYOR MON. = MONUMENT O.R.B. OFFICIAL RECORDS BOOK P.0.8. POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT P.B. = PLAT BOOK P. B. C. R. = PALM BEACH COUNTY RECORDS PG. = PAGE P.S.M. PROFESSIONAL SURVEYOR 8 MAPPER R/W = RIGHT-OF-WAY U.E. - UTILITY EASEMENT I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON .~ COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN ~ CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO ,, SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND _ ;i- i DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE ','~,yti~ ,; A PR,bidc ..D UNDER MY DIRECTION. ~;~,j,., #;; '""""~- ,5"~ .~-, ,.- --- - ---------- ~ Rr JEF DAPP ~'; S VEYOR AND MAPPER FLORIDA LICENSE N0. LS5111 Protect Name: FRANKLIN Al DELRAY BEACH PUBLIC R/W onrE: 11/02/2010 Boa No. 08130 owc ev: JLH REV. 3/31/2011 CK'D eY: JSH ~ SHEET 1 OF 2 Tel: (561) 241-9988 Fax: (561) 241-5182 THIS SKETCH I co m I - ~.~~ I ~°~ _ ~ I I ~~~ ~ C~ z r~ U,~m ~ < W LINE NEB/aSW~/aSECTION 21 46 43 , o _ ~o i z C0 I m ~ ~I I ~ D ~ ~I I I N _ I ~ ~ D - ~ ~' I ~ _ ~ ~ ~o ° Z o ~, ~ ~~ A ~ I ~_, N Oo I ~ ~~ I o ~ W ~ ~~ N Nm N N~ ~~ I ~ ~ W ADO ~ o~ m0 rv~ - WN ~ O ~ m ~,~n I ~v N~ I W ~ v - ~o~n ~z~o ~ f r -~ m I ca ° w r*~ <- -' ~ o o ~ Z~ (''~ W NCO ~ o ~tfl u' ~zn o .. ~ (J+ o r~, ~ ~I ~ I o I z~ ~ ~ ~ ~ ° ~ I z ~~ c o~ -_ `~ I ~ ~ 31 38' U ~-- 20.2, . ~ 8 P sf ~ r RS-R.51 o ~~02° 05'32" ~'' . . - __ _ _ N 930 R 3 ` . ~g L~03 12 P.Q.C. ----- S.E. CORNER OF "PROFESSIONAL OFFIC E " R=2836.93' 09' N78°21'50"W L=17 _ 15' U.E (F. B. 44 FG ~- PLAZA FOR ACOUILAN (P.B. 44, PG. 147) O . 13.00' D=00° 20'42" RADIAL , . 747 -- _ Boa No. 08130 Protect Name:FRANKLIN AT DELRAY BE AC owc 6v: JLH scacE: 1"=60' PUBLIC R/W cK•o ey: JSH oaTE: 11/02/2010 SHEET 2 OF 2 EXHIBIT "D" Prepared by and return to: R. Brian Shutt, Esq. City Attorney's Office City of Delray Beach, Florida 200 N.W. 1st Avenue Delray Beach, Florida 33444 CERTIFICATE OF SUBSTANTIAL COMPLETION and TERMINATION OF ACCESS EASEMENT AGRF.EMEN'T WHEREAS, FLORANDA MAP, LLC, a Florida Limited Liability Company, NEW CENTURY EXECUTIVE QUARTERS, LLC, a Florida Limited Liability Company, each with a mailing address of 1030 S. Federal Highway, Suite 100, llelray Beach, Florida 33444, ("OWNER"), and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, ("CITY") properly entered into that Access Easement Agreement ("Easement Agreement") recorded at ORB , PG ,Public Records of Palm Beach County, Florida, on ;and WHEREAS, Section 3 of the Easement Agreement provides that the rights granted thereunder shall terminate at such time as such other substitute right-of--way is dedicated to the public and has been substantially completed as set forth therein. NOW, TIIEREFORE, in accordance with the Easement Agreement, the City Engineer of the Delray Beach, after having caused the review and inspection of the Futwe Roadway (as that road is further identified in the Easement Agreement) hereby certifies and confirms that the construction thereof has been substantially completed as of this day of , 20 The recordation of this insttwnent in the Public Records of Palm Beach County, Florida, shall also serve to automatically terminate that Easement Agreement recorded at ORB , PU ,Public Records of Palen Beach County, Florida, without further delay. IN WITNESS WHEREOF, an authorized agent of CITY has executed this instrtunent as of the day and year above written. Attest: CITY CLERK Approved as to form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: CITY ENGINEER CITE OF DELRA~ 8EA[H DELRAYBEACH AI~~ ~~~~~ All-AmericaCity 1 1 ~`'`' CERTIFICATION z ~~ ~„ I, CHEVELLE D. NUBIN, CMC, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 14-11, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 21st day of April 2011. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 26th day of April 2011. C,~ N,~:~ Chevelle D. Nubin, CMC City Clerk City of Delray Beach, Florida }~ w 4 p r k'~ s .p, i A• P;..7 i. ~;" ~7:k ~~~F' `-` (SEAL,) pppi ~ ~ ' ~'. r .f '~r~l,! 'V y r'~,~'S .`FOB Yf 91 4¢ ~, .u. RESOLUTION NO. 14-11 A KESOLUTION OI-' THE CITY COMMISSION OF THE CITY OF llELKAY BEACH, FLOKIllA, VACATING ANll ABANllON1NG A POKTION OF SE 12''' KOAll ANll ANOTHEK UNNAMEll KOAll, AS MOKE PAKTICULAKLY llESCKIBEll HEKEIN, BUT RESEKVING ANll KETAINING TO THE CITY AN EASEMENT OVEK A POKTION Ol'' THE AKEA THEKEOI~', AS MOKE PAKTICULAKLY llESCKIBEll HEKEIN. WHEREAS, the City has received an application relating to the Franklin at llelray Beach project to abandon a portion of the right-of-way for SE 12`x' Koad and the right-of-way for another unnamed road, as set forth on the Plat of the Lambert Trailer Court, PB 22, PG 41, with the City retaining certain easements over the area; and WHEREAS, said application for abandonment of a general public right-of--way was processed pursuant to Section 2.4.6(M), "Abandonment of Kights-Of-Way", of the Land llevelopment Kegulations of the City of llelray Beach; and WHEREAS, pursuant to LDK Section 2.4.6(M)(3)(e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on January 24, 2011, and voted 5 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LllK Section 2.4.6(M)(5), and subject to the condition that an easement be provided to the City until such time as replacement right-of--way is dedicated, constructed, and approved by the City Engineer; and WHEREAS, the City Commission of the City of llelray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of llelray Beach to vacate and abandon said rights-of-way, based upon positive findings pursuant to LllK Section 2.4.6(M)(5), subject to the terms set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the llelray Beach City Commission to vacate and abandon all right and interest it holds to the real property as described as follows: SEE ATTACHEll E~iHIB1"1' "A" but retains and reserves unto itself an easement over the area as described in Exhibit "B" attached hereto ("Access 1~:asement"), for the purposes of public right-of--way, until such time as the future roadway more fully described in 1~:xhibit "C", attached hereto, is dedicated to the public, has been constructed, and the City 1/ngineer has executed and recorded the Certificate of Substantial Completion in the form attached hereto as 1~;xhibit "ll", at which time said Access 1/asement as set forth in )Jxhibit "B" shall automatically terminate. Should the future roadway set forth in 1~:xhibit "L" not be substantially completed, as determined by the City 1~:ngineer, within two (2) years of the adoption of this Resolution, the City shall reserve the right to have the abandonment as more fully described on the attached 1~;xhibit "A" revert back to public rights-of--way and this Resolution be deemed null and void. PASSED AND ADOPTED in regular session on this ~\ ay 2011. MAY ATTEST: `J• \.~V\~~~L City Clerk of , RI~;S NU. 14-11 EXHIBIT "A" ~~ SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) FRANKLIN AT DELRAY BEACH-RIGHT OF WAY ABANDONMENT LEGAL DESCRIPTION ALL OF THE ; OUTH 18.00 FEET OF TRACT 5, "LAMBERT TRAILER COURT", ACCCRDING TO THE PLAT THEREOF, AS RECORDED 'N PLAT BOOK 22, PFGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH THAT PGRTION OF THE SOUTH 18.00 FEET OF TRACTS 1 AND 2 "L/~MBERT TRAILER COURT", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FALLING WEST OF THE WE5T RIGHT-OF-WAY LINE OF US HIGHWAY •1, AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 9301-206, TOGETHER WITH THE SOUTH 18.00 FEET OF TRACT 6, "LAMBERT TRAILER COURT", ACCORDING 70 THE PLAT IHEREOF,AS RECORDED IN PLAT BOUK 22, PAGE 41, PUBLIC RECURDS OF PALM BEACH COUNTY, FLORIDA, LE55 ANU EXCEPT THE SOUTH 18.00 FEET OF THC WEST 2?_0.00 FEET OF THE EAST 320.00 OF SAID TRACT 6. SAID LANDS SITUATE IN THE CITY CF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAIN 0.620 ACRES, MORE OR LESS. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE N01 VALID WI'I HOU i THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED ~URVEYQR AND MAPPER 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF f HIS 5f<E I CH AND DESCRIPTION. 3. BEARINGS SHOWN HEREON ARE BASED ON A GRID BEARING OF NORTH OO° 01'52" WEST, ,ALONG THE WE5T LINE OF THE NORTH EAST ONE-QUARTER 0~ THE SOUTHWEST ONE-QUARTER OF SECTION 21-46-43, ACCORDING TO PALM BEACH COUNTY CONTROL MONUMENTS, "Di~(IE LAMATRA" AND "McC;ARTHY" CERTIFICATION ABBREVIATIONS L ARCLENGTH CUNC. ['Ot'CRETE COR. CORNER D DELTA (CENTRAL ANGIEI D. E. DRAINAGE EASEMENT I.R. IRON ROD I.R.C.. IRON ROD AND CAP L.B. LICENSED BUSINESS L.S. LICENSED SURVEYOR MON. MONUMENT O.R.B. OFFICIAL RECORDS BODK P.O.B. POINT OF BEGINNING P, O. G. POINT OF COMMENCEMENT P.B. PLAT BOOK P. B. C. R. PALM BEACH COUNTY RECORDS PC. PAGE P.S.M. PROFESSIONAL SURVEYOR 8 MAPPER R/W RIGH7-OF-WAY U.E. UTILITY EASEMENT I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CI iAPTER 61G17-6, FLORIDA ADMINISTRATIVE CUDE, PURSUANT 70 SECTION 47227, FLURI[~A STATUTES, AND THHi SAID SKETCH AND DESCRIPTION 15 TRUE ANU CUI2RCCT TO TIIE BEST OF MY KNOWLEDGE AND t3CLlEF AS PREPARED UNDER MY DIRECTION. JEFF S.HODAPP SURVEYOR AND MAPPER FLORIDA LICENSE N0. LS5111 aroJscf r+oms.FRht~Q(LiN AT OELRAY BEACH R/W ABANDONMENT DATE. It/02/2UlU roe Ko. 08130 orac gr, JLH cc •o ey, JSN SHEET 10F 2 I ., m ,c N ° 00. 00'49 W 54 6.94 ~i ' C, r u i "SILVER TERRACE" (P. B. 11, PG. 61) ~. ~_) ' I ~ ' 1 ~ '1\I N00°00'49"W ' ~ •-~~ ~ _ N00.00'49 ~-~- - 1-1-_ ~ -- 18.00 = se c~z o _ _ I - 18.00' _ _ f _ ~- -s 6n 'ti (D.B. 984, PG. 446) ~ ---- 1.- 1 18' R/W RESERVED FOR CO I _ USE OF ADJOINING • I OWNERS (P.6.22, PG. 41) O~ ( ro 1 ~ ~ I N~ ~ 0 INS ~ a i LA Wzm 1 W I ~ pN T ~~ ~+ ~ I V THIS vc m ~ 1 ~ 1 ~ 'SKETCH i I ~pp / 1 - - }., 18'EAStMENt I .."'-'-*-'+ l Ago / jl ~~~ 1 I ~ (D.E. 871, PG. 184) ' ~ t -~~ ~ I ~ V1C J s -- - --1 18 EASEMEN f (D.8.877, d I b I y i N ~ m W 1 N : p \ I PG. 466) /~ n + l / ... I I I ~ I V g g / 500.01'16"E .. ' ~ LOCATION MAP i~ ~ I ~r ~ ~ ~ i 1 rn n° , ~ No m ~.°DO i i 13].50 -p .D~ j~ n~ N I N ~~ '~ IO,: QJ~ Iq IW 4' v f *i Np ~ I ~ ~ r nO 00 D-D roA to ~ ~ ~ /, ~ O 00 ~ l O) N ' ~ ro ~ ~ I m ~! m W oo O t_~ S / p 111 p / D m I I I ~ w 1 ~ tom o~ _ ' 01 ( n _ .O . I c I I ~ m m gm I ~ m ~; I f ~ ~ i ` ~, NOO' 01' 16"W I I i ~ ~ I ~~ ~`" _ - i - t ,~ 133.50' In '^ 1 - o v, ~ 00'. 20 I ~ I o`OO~z I nm v l . I' r ` I rn I ro ror ~ o ~-A ~ ) "gums ~ +o ( ~ ~ l 1 I W-1 I I ~'~A ~ l ~ ~ ~` I G~ V Q I CDO I ~ ! Vm0 I V O 1 0 I i ~ roo ; f ~ ~ ~ ~ W m I ~ - I WD I m I ~ j ~ ~ I ~ ~ ~ I N 1 ~ --_ IN r N V t- ~ I ... I N I O O N D O I N O n --r I ~ ~ t "V 1 ~ ~ J I / I • n ~ ~ ~ W • _ J' ~I 11'0 ' I / "/1 Z ~ ---- ~ - '~ - I-- 18' R/W RESERVED FOR US£ OF ADJOINING ~ ~ ° ` ~ z ~ Z OWNERS (P,6.2?_, PG. 41) o 44,J, I ~ w pp p~ ~ ~ 1 ~ Oo 1 'D ~ N i~ ri IV _ ~ (r r p~ 1: - n ~ pZp yr r., I Z bmD ~ D NO N 1 N` W W I~ W f"'OZ ~ A 0~ IN ~ y 100 ll NW ~~ 1 - W U- m Dp J z ro '- S£ O,0 T 1 ASR T R S 1~ 1 JET v~o ~pN AW 1 i ~ I 1 o 930)- MAA - _ ~ 2 ~ ~ ~ 1 _ m 06 R 36 ' ~ % 28 93 L•18 79' D-00° 22'35" R-2836.93' R,2843•gs.. --. L -18.63' L.67g 13. 9 Boa uo. 08130 Proiecr No~e.FRANKI-N AT DELRAY BEAT. 0116 erl JLH seuc~ 1"•100' RIW ABANWNM~N f c.. o ;Y. i;;); oaten 11/02/2010 H T F EXHIBIT "B" ~~~ 949A Cfirtt Moore Road S U R V E Y I N G& M A P P I N G Tel: (581 241-988 Boca Raton, Fbrida 33487 Certl4cate olAulhorkatlon No. LB72B4 Fax: (561) 241182 SE~CETCH AItiD LEGAL DESCRIPTION (NOT A SURVEY) FRANKLIN AT DELRAY BEACH-TEMPORARY ACCESS EASEMENT LEGAL DESCRIPTION THAT PORiIUN OF THE SOUTH 1G.00 FcET OF TFCACT 1, "LAMBERT TRAILER COURT", ACCORDING TO THE PLAT THEPEOF, AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUN1 Y, FLORIDA, FALLING WEST OF THE WEST RIGHT-OF-WAY LINE OF US HIGHWAY ~ I, AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SCCTION 9301-206. TOGETHER WITH THE EAST 100.00 FEET OF THE SOUTH 18.00 FEET OF TRACT 6,"LAMBERT TRAILER COURT", ACCORDING TO THE PLAT THEREOF, AS RECOFDED IN PLAT BOOIc ?_2, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE iN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY FLORIDA AND CONTAIN 0.166 ACRES, MORE OR LESS. NOTES 1, REPRODUCTIONS OF THIS SKETCH ARE PIOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF TH15 SKETCH AND DESCRIPTION. 3. BEARINGS SHOWN HEREON ARE BASED ON A GRID BEARING OF NORTH 00° 01'52" WEST, ALONG THE WEST LINE OF THE NORTH EAST ONE-r.~UAP.TER OF THE SOUTHWEST ONE-OUAR~fER OF SECTION 21-4fi-43, ACCORDING TO PALM BEACH COUNTY CONTROL MONUMENTS, "DIXIE LAMATRA" AND "McC4RTHY" ABBREVIATIONS L ARCLENG'FH CONC. CONCRETE COR. CORNER C - DELTA I(;ENTRAL ANGLEI D. E. DRAINAGE EASEMENT I.R. IRON ROD I.R.C. IRON RDD AND CAP L.B. LICENSED BUS1N£SS L.S. ~ LICENSED SURVEYOR MON. MONUMENT O.H.B. OFFICIAL RECORDS BOOK P.O.B. ~ POINT Of BEGINNING P.O.C. POINT Of COMMENCEMENT P, B. - PLAT 800K P. B. C. R. PALM BEACH COUNTY REt;ORDS PG. ~ PAGE P.S.M. PROFESSIDNAL SURVEYOR 8 MAPPER p/W RIGHT-OF YIAY U•E. UTILITY EASEMENT CERTIFICATION I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAP fER 61G17-6, FLORIDA ADMINISTRr;TIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND ~I HAT SAID SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER M'. DIRECTION. JEFF 5. FiODAPP SURVEYOR AND MAPPER FLORIDA LICENSE N0. LS5111 Pro)eci Naro~tKANKLW AI UtLKA7 tltAl:N ItMYVItAhiT AI:Gt» tA~t MLNI U~it~ wUU [UIU aoe No. 06130 uwc ur~ JLH cK~o eye JSH SHCET 10F 2 ' ~ W .o ~00'00'49'1W 306.9 ' N ~ I I ~' "51LVER TERRACE" (P,E3. ii, PG. 613 __~ y ~ ~ Iii N00°00 49"W - - - - 18 00 f ~~~ ~ I N00°00'4~W'W~ ~- f-- 18'_EASEMENi - - - ~ _ ~ 18.00' _ _ _ - - ----- - ~D.e. soi, aG. zs~) 7 i I r iD.B. 984, PG. 44b) -~ •~ ~ -__ ~. - I 18' R/W RESERVED FOR _. ~ I USE OF ADJOINING ~ w I I OWNERS (P.Ei.22, PG. 41) D rTt ~r mn-i ~O ~~ r ~~ w w~ O~ A £ I ~ I ~ ~~~ I N~ NN , N~ u ' W m p I o W p r.~ _.~ IN z N m !~yA N I Olp (J~ I p~0 W G I z ~ ~ ~ ~ ~... )8' EASEMENT n~ ~ I (D. B. 871, PG. 164) ~V7 ri ~ ~ (n I ~ I _. { 1B( NT N ~ - I _ D 8. 877 ~ N I PG. LB6) _ i j p ~ O ' I V / ` ~ 133.50' o °'~° l o I ~ ~ ~ n p I IoP'• ~,~ ~ J oI m =a1 I 1 'i rn I V1 n O ~- i~ ~ I I ° ~ rn s Igo ~, 0 ~ I w m 0° o p 1 p O J / - ,~ AJ I ~ Wy m - I' ~ ~ N~o I mm vm I - N00' 01'16"W ' p ~^D N I z ~m ID ~ A \ i ,133.50 ~~~ z m~~ W^ i v~ ~I ~m y ~ X20.00' ~. I ~z~ I ~° I I1 ~ ` Z Z o I m I o ~ a ° ~ I m ~ ~ I L- ~ w I -{ i d ' t/1 oc i _. r ~ I I ~ ( I NN INw :X)O N D v r I ' 1 -a I ~W 4 O Ind (~-{ V ~ ' I Do I '~' I £ ~. I ~~ I ~ I. . / I (gyp ~ ~ ~ ~ ~ _~ N r v~ D7 ~ A~ OD -p ~~ o~ycr C7 m ~._i I ~,,~'' _ -~~__ 1 - 8' R/W RESERVED FOR ~,~ i f ~~ V ,I ~- - -. ~-- O I USE OF ADJOINING 41) PG Et NERS (P 22 0 0 ~ I ` I ~ i I . . . , o i I N ~OWi .~~ \ , I ~~.. o I ~~ ~ ~~ r1 Iv I ' ~ I yo ~ (~ Z ~ ~ iim I Z c rn ~ D I y ~vO ~ ~l I ~ I ~N d IN ~ ~~>: ~~N N ~ ww I:.w ~~? .a.~o '~ , N N ~ D --F U,5 /---- i j ~ r*, I m f~ a c. c'o o ~ s ~ SFC i i V o J~ , N W g ~ z ~ pm 3Q ~ ~~ - ~-~ ` _ D•00° 22'46" ~ ' I `^ Os R-2836.93' ` _ L•18.79' 0-00. 22'35":' R-2836.93' q:28*3'sg+ '' - L-t8.63' l.g7g DZJ dos r+o. OBt Pro)°ar uo°n~FRANKLIN AT DELRAY BE oxc ev. JLH SCALE+ 1"-100' Tf'LdP~RARY ACCESS FASF MFN7 CK'c eve JSH DnTE~ 11/02/2010 SHEET 2 OF 2 LOCATION MAP EXHIBIT "C" ---, ~~ ~ ~~ - - - -- - - - - 949A Clint MooJe Road S U R V E Y E N G& Tdl A P P 1 N G - -- - Tl~it (5tif) Z47-~QBB Boca Raton, Florida 33487 CerGl~ate of Auttronzatlon No. U37264 Fex: (561) 24t-51132 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) FRANKLIN AT DELRAY BEACH ~ TURN LANE RIGHT OF WAY LEGAL DESCRIPTION A PORTION OF LOT 1, "LAMBERT TRAILER COURT", FCCORDING TO 1HL PLAT THEREOF, A5 RECORDED IN PLAT BOOK 2L, PAGE 41, ANU A PORTION OF "PkOFESSIONAL OFFICE PLAZA FOR ACOUILANO", AS RECORDED IN PLAT BOOK ~4, PAGE 147, FiOTH OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEIIJG MORE PARf1CULARLY DESCRIBED AS FOLLOWS BEGINNING Al 1HE SOUTHWASI COPNER OF SAID "PROFESSIONAL OFFICE PLAZA FOR ACOUILANO", SAID POINT LYING ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS NORTH 78° 01'08" WEST: THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, ALSO BEING THE WEST RIGHT-OF-WAY LINE OF U S. HIGHWAY NUMBER 1, ACCORDING TO THE FLORIDA DEPARTMENT ~F 7RANSPORTAlION RIGHT-OF-WAY MAP SECTION 9301-206, HAVIt`~G A f;ADIUS OF 2836.93 FEET AND A CENTRAL ANGLE OF 02° 03'43", A DISTANCE OF 102.09 FEtT: THENCE NORTH 26° 00'49" WEST, A DISTANCE OF 20.27 FEET 70 A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, AT WHICH THE RADIUS POINT BEARS NORTfI 76°16'13" WEST: THENCE NOF:THERLY ALONG THE ARC OF SAID CURVE, IIAVWG A RADIUS OF 2p~3.93 FEET ACID A CENTRAL ANGLE OF 04°OD'13", A DISTANCE OF 203.89 FEET. THENCE NORTH 22° 29'.:9" EAST, ALONG A NON-TANGENT LINE, A DISTANCE OF 55.88 FEET TO A POINT ON THE P,RC OF A CIRCULAR CURVE TO THE RIGHT AT WHICH THE RADIUS POINT BEARS NORTFI 81° 30'31" WEST: THENCE SOUTHERLY, ALONG THE ARC OF SAIb CIIRVF, ALSO BEING :,AID WEST RIGHT-OF-WAY LINE, RAVINE, A RADIUS OF 2836.93 FEET AND A CENTRAL ANGLE OF 03° [9'23", A DISTANL'E OF 172.79 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAIN Q071 ACRES, MORE OR LESS. NOTES t. REPRODUCTIONS OF THIS SKETCH ARL NOT VALID WITHOUT THE ;IGNATURF AND THE ORIGINAL RAISED SERI. OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2, NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH ANG GESCRIPTION 3. BEARINGS SHOWN HEREON PF?E BASED UN A GRID BEARING OF NORTH 00° uf'S3" WEST, ALONE THE WEST LINE OF THE FIORTH EAST ONE-QUAR iER GF THE SOUTHWEST ONE-C?UARTER OF SECTION 21-46-43 ACCORDING TO FALM BEACH COUNTY COIJTROL MONUMENTS, "DIXIE LAMATRA" AND "McCARTHY". ABBREVIATIONS L ARCLENGTR CONC. CONCRETE COR. CORNER D DELTA (CENTRAL ANULEJ G.E. ~ DRAINAGE EASEMENT L.B. LICENSED BUSINESS L.S. L3CENSEO SURVEYOR MON. MONUA~NT O.R.B. OFFICIAL RECORDS BOOK P. 0.8. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT P.B. ~ PLAT BGOK P. B. C. R. PALM BEACH COUNTY RECORDS PG. PAGE P.S.M. PROFESSIONAL SURVEYOR 8 MAPPER R/W RIGHT-OF-WAY U.E. UTILITY EASEMENT CERTIFICATION IHERERY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CON1 AWED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, P! IRSUANT TO SECTION 472.027, FLORIGA °TATUTES, AND THPT SAIL SKETCH AND UESCRIPTIUN IS TRUE ANO CORRECT TO THE BEST OF MY KNOWLEDGE ANU BELIEF AS PREPARED UNDER MY DIRECTION. JEFF 5. HODAPP SURVEYOR AND MAPPER FLORIDA LICENSE N0. LS5111 Prof aci Nam°.FRANKLM AT OFLRAY 9EACH TURN LANE R/W DATE. 11/02/2010 aoa No. 08130 ouc er, .1LH REV. 3131; 2D11 CK'b BY. JSiI SREET i OF 2 $i ~~ ~~ - ~~ - -- - -- - - -del: (5B1} 241=~e onda 33487 -- - S U R V B Y 1 N O& M A P P 1 N G Fex: (581) 241182 Certliicate of Aulhor¢atia~ No. LB7264 ~.~~I.~.a.a~.4~.~-, ~~~Y~.w~K.~~~:."~..wT~i. 1w11.~a~ SKETCH AND LEGAL DESCRIPTION ,, ~~ ?''~ .. '' ' ;, {NAT A SURVEY) ~ 1 ~* ~~~ ~]0_ ~'~a ~~ • RADIU W--~~ ~ ~~ ~ ~ M ~~ M N / o~~ 1 Mn N N 0 u7 M ~~~ I N O ~ 'ENO ~-JO 1 "ESSIUNAL i1FFICE ~~ N>rj ~ 00^ M A FOR ACQUILANO" (4 N.- O '.R. 44, PG. 147) Z ( ^ ' O.' J D ~., '~ LOT 1 N76° 16 y8~,)R5`y ~ (TRACT 1) N2B° 00'49"W-- W 20.2 7' '~ `~ 18' R/W RESERVED FOR USE OF ADJOINING OWNERS ` "- "PLAT OF LAMBERT TRAILER CUURT'\ (P.B. 22, PG. 41) LOT 2 ~• (TRP.CT ?) -• wo .,.~ oo=~ w~~~ ~ CJ z~Qa O pO~at C)~O~ ~1 • ~~ NO+~-- ~J a0. \. '~ rno"'~ IG N ~ M O ~ ~ r h ~ N-~N y~3 ^ ~ ~ ~ ~x~ ~ y ~O J4 4~ J0~ ~~ ~: r~sn 241~1B? SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) FRANKLIN AT DELRAY BEACH -PUBLIC RIGHT OF WAY LEGAL DESCRIPTION A PORTION OF L.QTS 1 AND 6, "LAMBERT TRAILER COURT", ACCORDING TU THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, FAGE 41, AND A PORTION OF "PROFESSIONAL. OFFICE PLAZA FOR ACOUILANO", AS RECORDED IN PLAT BOOK 44, PAGE 147, BOTH OF' THE PUBLIC RECORDS OF PALM BEACH COUNTY, FL~7F'.IDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF "PROFESSIONAL OFFICE PLAZA FOR ACOUILANO", SAID POINT LYING ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, AT WHICH 1 HE RADIUS POINT BOARS NORTH 7fi° 01'08" WES~i :THENCE NORTHERLY ALONG THE ARC OF SAID CURVE ALSO BEING THE EAST LINE OF SAID "PROFESSIONAL OFFICE PLAZA FOR ACQUILANO", HAVING A RADIUS OF 2836.93 FEET AND A CENTRAL ANGLE OF 00° 20'4?", A DISTANCE OF 17.09 FCETI TI-IENCE NORTH 78° 21'50" WEST ALONG ALINE, RADIAL TO THE LAST AND NEXT DESCRIBED CURVES, A DISTANCE OF 13.00 FEET TO THE POINT OF BEGINNING, ALSO LYIN~~ ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2823.93 AND A CEN1 RAL ANGLE OF 0?° 05':,2", A DISTANCE OF TU3.12 FEET. THENCE NORTH 26° 00'49" WEST, ALONG ANON-RADIAL LINE A DISTANCE OF 33.94 FEET; THENCE SOUTH 89° 23'G7" WEST, A DISTANCE OF 301.31 FEET TO THE POIPiT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT. THENCE WESTERLY AND SOUTHERLY, ALONG THE ARC OF SAID CURVE, HA`/ING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90°0734",A DISTANCE OF 39 32 FEET TO THE POINT OF TANGENCY. TIiENCE SOUTH 00° 44'27" EAST, A DISTANCE OF 57.44 FEET: THENCE SOUTH 89° 23'07" WEST, ALONG THE SOIJTH LINE (1F SAID LOT 6, A DISTANCE OF 59.46 FEET: THENCE NORTH 00°01'19" EAST, A DISTANCE OF 18 00 FEET: 1 HENCE NORTH 89° 23'07" WEST, A DISTANCE OF 15.77 FEETI THENCE NORTH 44° 15'33" EAST, A DISTANCE OF 35 36 FEE i ~ I HENCE NORTH DO° 44'?7" WEST, A DISTANNCE OF 14.28 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RICHT; THENCE NORTIICRLY ANG EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 75.00 FEET AND A CENTRAL ANGLE OF 90° 07'34", A OISTANCC OF 117.97 FEET: THENCE NORTH 89° 7.3'07" EAST, A DISTANCE OF 315.15 FEET: THENCE NOF<TH 50° 30'38" EAST, A DISTANCE OF 31.38 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IIJ IHL CITY OF UELRAY 8EACH, PALM BEACH COUNTY, FLORDA AND CONTAIN 0.558 ACRES, MORE OR LESS. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAfSED SEAL OE A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPAkATION OF THIS SKETCH AND DESCRIPTION 3 BEARINGS SHOWN HEREOf`I ARE BPiED ON A GRID BEARING OF NORTH 00° 01'5?" WEST, ALONG THE WEST LINE 7F THE NORTIi EAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 21-46-43, ACCORDING TO PALM BEACH C')UNJY CONTROL MONUMENTS, "DIXIE LAMATRA" AND "McCARTHY" CERTIFICATION ABBREVIATIONS L ARCLENGTH CONC.. CDNCRETE CDR. CORNER D DELTA (CENTRAL ANGLE( D.E. DRAINAGE EASEMENT L.B. LI~ENSED BUSINESS L.S. LIi.ENSED SURVEYOR NUN. MONUMENT O. R, B. DFFICIAL RECORDS BOOK P.O.B. POINT OF BEGINNING P.O.C. PDNT OF COMMENCEMENT P.B. PLAT BOOK P. B. C. R. PALM BEACH COUNTY RECORDS PG. PAGE P.S.M. PROFESSIONAL SURVEYOR 8 bAAPPER R/W ~ RIGHT-OF-WAY U.E. UTILITY EASEMENT (HEREBY CERTIFY THAT THE SKCTCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY F\NOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION- ------------------------ JEFF S.HODAPP SURVEYOR AND MAPPER FLORIDA LICENSE N0. LS5111 rr°leot N°me,FRANKLNJ AT DELRAY BEACH PUBLIG R/W DATE. li/02/20L0 Boa No. 08130 Dwc ar. JLH REV, 3/31/2011 LK'D ate, JSH SHEET tOF 2 - ~ ~- --- -~ Tei; {581 F41-&888 } 846A Clint Moen Road 5 U R V 8 Y1 Ai G ~ AFAP P 1 Na _ - - _ Boca Raton, Florida 93487 Certificate of Authorhatioa No. LB~264 Fax: (561) 241182 ~~ 4i~11. ~' .lw I N89.23'D7"w L.~.~i~:i:1.t.~. Gfi3. I SKE'i CH AND LE GAL DESCRIPTION 15.77' I NDO° DPt9"E ~ ~ N44.15'33"E (NOT A ~ ~ ~. SURVEIL ~ ~_ 18AD'--.. i 35.36' NDO 44`27"W ~ I 14.28' I D•90.07'34" -- S89° 23'07"W R• 75.00' 59.46'- ---- i ~, ! L • ti7.97' I 44' ---- I 57 "~ -----~--\ v . I ~ o"' ~' ~ THIS °~ ~ ~~~ 'SKETCH I RF25.00' ~m LOTS (TRACT 5> I °90'D7'34" LOT 6 5U' ~ i" (TRACT 6) im = .,~ ~n ~ I , w i~~, ~~ I I mD o ~ ~ LOCATION MAP I mom I . ~ I ~ m ~o$z I 1.00' I ~~~ I c~zN i •~ I ~ c-> W ~ ~_ -""~ W LINE NEB/~SW~/,SECTION 21-46-43 ~~o ^ I m ~ I cn ~ ~ I ~ I -----~'-_ ~~ ~ ~ ~ D p ,D~ ~ I ~ ~ m r, G ° Z n~ ~ ~ I C) -a N ~ 1 `~ N ^' W m ~~Zl a l ~ W ~~ I .-. ~ y~~ ~ ~h.f0 ~o ~ ,~ ~' m ~,~ ... I ~ I ~''~, ~rN*t I ~ ° W ~ ?.Zlo i'~i - ZZ ~ ~p I '~O Q ~A -r1 n 50' b ~nr c I Z~ W ~'~ ~co I ~ ~ 2 I ...~ to Gm I ~ ~ I ~ ~ ~~ I ~~ GI \ ~g I ~ I ~ °~`~ I ~ ~~ ! ~~ N50° 30'38"E ~ -..1p 2~, -31.38' ~. ` F ~S , $fCT~N R W S~ D-02° 05`32';~.~ ~ ~ P.0 B. ~-.. 9301 ~ R°2823 93'. - ~ - L '• 103.12' ,~ P.O.C `~ --~-' S.E. COPNCR OF PLAZAEFOIR ACQULAN R•28.~6.93' •'~ ~ 75'~ ` - 1' 50"W (F•Q. 44, p~' 1 O" C-11.09' N7832 (P 8. 44, PG. 147> 0 0 471 D-00° 20'42" RADIAL ~aa uo. 08130 proJ°o* Hoer AN IN A l AY o°c Br. JLH su~E~ 1"•60' ___ PUBLIC R/W eK•u uy~ JSH o~re~ 11/02/20?p ;t+C` ? ? Ca EXHIBIT "D" Prepared by and return to: R. Brian Shutt, Esq. - _ - - -- City Attorney's OlTice City of Delray Beach, Florida 200 N.W. 1 st Avenue Delray Beach, Florida 33444 CERTIFICATE OF SUBSTANTIAL COMPLETION and TERMINATION OF ACCESS EASEMENT AGRF,EMENT WHEREAS, FLORANDA MHP, LLC, a Florida Limited Liability Company, NEW CENTURY EXECUTIVE QUARTERS, LLC, a Florida Limited Liability Company, each with a mailing address of 1030 S. Federal Highway, Suite 100, Delray Beach, Florida 33444, ("OWNER"), and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, ("CITY") properly entered into that Access Easement Agreement ("Easement Agreement") recorded at OKB , PG ,Public Records of Palm Beach County, Florida, on ;and WHEREAS, Section 3 of the Easement Agreement provides that the rights granted thereunder shall terminate at such time as such other substitute right-of--way is dedicated to the public and has been substantially completed as set forth therein. NOW, THEREFORE, in accordance with the Easement Agreement, the City Engineer of the Delray Beach, after having caused the review and inspection of the Future Roadway (as that road is further identified in the Easement Agreement) hereby certifies and confirms that the construction thereof has been substantially completed as of this day of , 20 The recordation of this instrument in the Public Records of Palm Beach County, Florida, shall also serve to automatically terminate that Easement Agreement recorded at ORB , PG ,Public Records of Palm Beach County, Florida, without further delay. IN WITNESS WHEREOF, an authorized agent of CITY has executed this instrument as of the day and year above written. Attest: CITY OF DELRAY BEACH, FLORIDA CITY CLERK Approved as to form: By: CITY ENGINEER City Attorney Coversheet • MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Mark McDonnell, AICP, Acting Director Planning and Zoning THROUGH: City Manager DATE: April 13, 2011 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF APRIL 21, 2011 RESOLUTION NO. 14-11 ITEM BEFORE COMMISSION Page 1 of 2 The request involves the abandonment of rights-of--way within the Lambert Trailer Court Subdivision, located on the west side of Federal Highway (U.S. 1) approximately 320 feet south of SE 10th Street and north of the Plaza at Delray. The existing development on the property is known as the Floranda Mobile Home Park. The abandonment is associated with redevelopment of the property fora multi- family residential project, known as Franklin at Delray Beach. BACKGROUND At its meeting of January 4, 2011, the City Commission approved a conditional use application to allow a residential density of up to 22 dwelling units per acre for the subject property known as Franklin at Delray Beach. The project consists of 180 multi-family dwelling units on the site of the Floranda Mobile Home Park and Executive Quarters office building. A Site Plan Review application has been submitted for this project and the review is currently underway. Action by the Site Plan Review and Appearance Board was scheduled for April 13, 2011. With the exception of four single family homes, located within the original Lambert Trailer Court Plat on the north side of the subdivision, the development proposal includes complete redevelopment of the existing mobile home park and office plaza. Abandonment of the two road rights-of--way within the mobile home park is necessary to redevelop the property. The rights-of--way consist of two parallel roadways which are both 18' wide. A portion of one of the roadways, SE 12th Road, immediately adjacent to the remaining four single family homes, together with an additiona120' section immediately to the east, will not be abandoned. This portion of the original roadway will be connected to a new public road right-of--way for the proposed development and will continue to provide access to the existing homes. It is noted that there are also a number of access easements that coincide with the road rights-of way to be abandoned. These easements will be abandoned through separate action by the City Commission concurrently with the road rights-of--way abandonment. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4409&MeetingID=315 4/25/2011 Coversheet Page 2 of 2 REVIEW BY OTHERS At its meeting of January 24, 2011, the Planning and Zoning reviewed the proposal and recommended approval of the abandonment by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations, subject to the following conditions: 1. Dedication of the new public road right-of--way must be accepted by the City Commission prior to approval of the abandonment Resolution for the existing rights-of--way; 2. A bond must be provided to the City for construction of the new roadway. This bond shall be provided prior to any building permits for the project; 3. A temporary access easement must be provided over the existing SE 12th Road, to maintain access between the existing single family homes and South Federal Highway prior to approval of the abandonment Resolution for the existing rights-of--way; and 4. An indemnification agreement with the City must be executed in case any litigation results from the abandonment of the rights-of--way. A full analysis of the proposed abandonment is provided in the attached Planning and Zoning Board staff report. There are no utilities within the easement area. The City's Environmental Services Department has reviewed the request and has no objection to the abandonment. Florida Power & Light (FPL), Comcast Cable, Florida Public Utilities Company, and AT&T have reviewed the request, and have no objection to the abandonment. RECOMMENDATION By motion, approve Resolution No. 14-11 to abandon rights-of--way located within the Lambert Trailer Court Subdivision and dedicated by the Plat thereof, as recorded in Plat Book 22, Page 41, of the Public Records of Palm Beach County, Florida, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5), of the Land Development Regulations, subject to the following conditions: 1. Approval of the Right-Of--Way Deed Agreement by separation action at this meeting; 2. Approval of the Indemnification Agreement by separate action at this meeting; 3. Approval of the Access Easement Agreement by separate action at this meeting; and 4. A bond must be provided to the City for construction of the new roadway. This bond shall be provided prior to issuing any building permits for the project. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4409&MeetingID=315 4/25/2011 RESOLUTION NO. 14-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF SE 12`'' ROAD AND ANOTHER UNNAMED ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY AN EASEMENT OVER A PORTION OF THE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City has received an application relating to the Franklin at Delray Beach project to abandon a portion of the right-of--way for SE 12`h Road and the right-of--way for another unnamed road, as set forth on the Plat of the Lambert Trailer Court, PB 22, PG 41, with the City retaining certain easements over the area; and WHEREAS, said application for abandonment of a general public right-of--way was processed pursuant to Section 2.4.6(N1), "Abandonment of Rights-Of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(N1)(3)(e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on January 24, 2011, and voted 5 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(N>)(5), and subject to the condition that an easement be provided to the City until such time as replacement right-of--way is dedicated, constructed, and approved by the City Engineer; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said rights-of--way, based upon positive findings pursuant to LDR Section 2.4.6(M)(5), subject to the terms set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ection 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all right and interest it holds to the real property as described as follows: SEE ATTACHED EXHIBIT "A" but retains and reserves unto itself an easement over the area as described in Exhibit "B" attached hereto ("Access Easement', for the purposes of public right-of--way, until such time as the future roadway more fully described in Exhibit "C", attached hereto, is dedicated to the public, has been constructed, and the City Engineer has executed and recorded the Certificate of Substantial Completion in the form attached hereto as Exhibit "D", at which time said Access Easement as set forth in Exhibit "B" shall automatically terminate. Should the future roadway set forth in Exhibit "C" not be substantially completed, as determined by the City Engineer, within two (2) years of the adoption of this Resolution, the City shall reserve the right to have the abandonment as more fully described on the attached Exhibit "A" revert back to public rights-of--way and this Resolution be deemed null and void. PASSED AND ADOPTED in regular session on this _ day of , 2011. MAYOR AT'T'EST: City Clerk RES NO. 14-11 EXHIBIT "A" ~~~~~~ ~~/~~~ 949A Clint Moore Road Tel: (581) 241-9988 Boca Raton, Fbrida 33487 SURVEYING & PA A P P I N G Fax: (561) 241-5182 Certificate of A~Ahortzetion No. LB7264 S~CETCH AND LEGAL DESCRIPTION (NOT A SURVEY) FRANKLIN AT DELRAY BEACH-RIGHT OF WAY ABANDONMENT LEGAL DESCRIPTION ALL OF 7HE SOUTH 18.00 FEET OF TRACT 5, "LAMBERT TRAILER COURT", ACCCRDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, PF.GE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER W17F1~ THAT PGRTION OF THE SOUTH 18.00 FEET OF TRACTS 1 AND 2 "LfJ•ABERT TRAILER COURT", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2.2, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FALLING WEST OF THE WEST RIGHT-OF-WAY LINE OF U5 HIGHWAY •1, A5 SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 9301-206• TOGETHER WITH THE SOUTH 18.00 FEET OF TRACT 6, "LAMBERT TRAILER COURT", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT HUUK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH CNJfJTY, FLORIDA, LE55 AND EXCEPT THE SOUTH 18.00 FEET OF THE WEST 220.00 FEET OF TFIE EAST 320.00 OF SAID TRACT 6. SAID LANO~ SITt1ATE IN THE CITY OF pELRAY BEACH, PALM BEACH COUPITY, FLORIDA AND CONTAIN 0.620 ACRES, MORE OR LESS. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED ~URVEYQR AND MAPPER 2. NO SEARCH OF THE PUBLIC REGGRDS WAS MADE IN THE PREPARATION ~F THIS SKEICH AND DESCRIPTION. 3. BEARINGS SHOWN HEREON ARE BASED ON A GRID BEARING OF NORTH 00° 01'52" WEST, ALONG 7HE WEST LINE OF THE NORTH EAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 21-46-43, ACCORDING TO PALM BEACH COUNTS CONTROL MONUMENTS,"DIXIE LAMATRA" AND "McCARTHY" ABBREVIATIONS L ARCLENGTH CONC. t'Ot'CRETE CDR. COANER 0 DELTA (CENTRAL ANGIFI D.E. DRAINAGE EASEMENT I.R. IRON RDD I.R.C. IRON RDD AND CAP L.B. LICENSED BUSINESS L.S. LICENSED SURVEYOR MON. MONUMENT O.R.B. ~ OFFICIAL RECORDS 800K P. 0.8. POINT OF BEGINNING P.O.G. POINT OF COMMENCEMENT P.B. PLAT 800K P, B. C. R. PALM BEACH COUNTY RECORDS PG. PAGE P.S.M. PROFESSIONAL SUAVEYOR B MAPPER R/W RIGN7-OF-WAY U.E. ~ UTILITY EASEMENT CERTIFICATION (HEREBY CERTIFY THAT THE SKETCH ANU DESCRIPTION SHOWN HEREON COMPI_IE5 WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CI iAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THnT SAID SKETCH AND DESCRIPTION IS TRUE ANU CORRECT TO THE BEST OF MY KNOWLEDGE AND BCLIEF AS PREPARED UNDER MY DIRECTION. -------- JEFF S.HODAPP SURVEYOR AND MAPPER FLORIDA LICENSE N0. LS5111 Raw god No.. pg13{} owc er, JLH cx•o ay. JSFi SHEET 10F 2 I ~ m ° .o /N00.00'44 W 346 .9 G ' ~ i G i "SILVER TERRACE" (P.B. 11, PG. 61) , . / ~_1 I ~ " ~ ~ ~ "Il N00°00'49"W -- 18.00' r --'~ i I N00° 00'49"W - ' . E t8' EASEMENT 901 PC 267) (D B ~;q i - 18.00 I - ~- , . . . (D.B. 984, PG, 4481 - ~ I I i.- I t8' R/W RESERVED FOR w ' 1 - ~ I - USE OF ADJOINING { I OWNERS (P,6.22, PG. 41) ~~ + m 1 0 1 Na I ~ I~lp I ~ I w Wg~ ~ - I ~~ I~w O . ~ ~ THIS ~ N fTl ~A z I ~ v Ip~ V I f N o •SKETCH ; c ir -, i ~ oo ~ I - - ~. ,a' EASEMENT ~ I v~O 1 J ° (D.6. 871, PG. 184) i w'`~"'-'~-'-~+.-.. i N ~ ~ ~ I ~ • • I 18' F.ASEMEN'f ~' ~ I -. ~ ~~ N I N ~ m I (PG.486)~ i I I p ~ O ~ ~ I ~ I g ~ ` N .. 733.50' LOCATION MAP a / ~ ter- ~ 1 °f n° ~ I ~ o ~ ~0°o i v~ j0~0 rn I n O N I N -I ~ ~ i0 ~O f I ~ ~ ~ ~• a 1 0 ~ I I ~ _ ~ w °-' ~ m S ~ -- I ~r O ~ ~ ~ • is I // ~ I ONO D ~~ ~ O~ I / ~ ! ! O ISO 0 rn N .~ ~ ~~ I I ~ I W m~ ~ m o I O ,,,, S 1 0 ` y h I I ~ ern p, m p m o ~jj ~ ~ ~' IT1 p 1 I - i m I Ijm I m~ ~m ~ vm~ I ,oZ ~m ( _1!,. ~ ~ N00.Ot'Ib"W ~i 133.50' D ' I ~ ~ ~ ; m ~' 20.00' ~ A l ~ I m -~ n I ~ ~ I b i n?~ I #o '1 I ~ CO Df I I V'OA a~ ~ f O o° ~ Z° ~ I I g ~ ~ ] N • L- ~ ~ V ~ r , ~ ~-] 1 ~ I - w `-' D ~ I I ~ ~ 1 ~ ^~~_.- __ ^_ r+~ N N y F- ~ r I I NN I I 00 INN Dr0 INO n { ~ ~ i ~r n? 1 I1 $ J -V I ~ `~ I ~ I Wt'' ~ ---- -~-- R R F ' ~, aQ ~ ~ ~ ~ ~-~ y 1~ ~ VED OR 18 R/W ESE USE OF ADJOINING ~o ~ I ` po z~ ~ OWNERS (P,B.22, PG. 41) N ~ \ w ~, -'' w ~r 1 A~ c ~ v ~ m I~ ~ ~ tr D O z w I Z m`~ ~ y~ NO ~ 'v ~ I"'N~ 'cV,,W m I~w 4g~ .A~p N ~ IU Z ~ V I -- ~ . F s W \ A w ~° ~, ,,, \ w ~zm I ~, ~zm J~~ AD c~c~~ O o / 3F ~~T R5RS / r 1 'ZO J~ 1 ON I vo 93~ 2 ,~,_ --~ 0 _ f D•00° 22'46" . 1 I ~ ~' m 6 R•2836 93' . L•18 79' D•00° 22'35" R-2836.93' ' 0.13• R, 43~gg" _ L -18.63' ~ gj 9z3. _ dos uo. 061 0 Protect I+orre~FRANKI. AT DEL RAY BEAC ~riC are JLH scni~~ ^•1 0' R/W ABANf~N~dtNl [.:•u [sy• JSH DaTEr 11/02/2010 SH T F EXHIBIT "B" ~~r~~! 949A Clin! M°°re R°ad S U R V E Y I N 0& NI A P P I N 0 Tel: (561) 241-0988 Boca Raton, Fbrida 33487 CeNttcate ofAult~rkatlon No. L87264 Fax: {561) 241182 SE~CETCH AND LEGAL DESCRIPTION (NOT A SURVEY) FRANKLIN AT DELRAY BEACH-TEMPORARY ACCE83 EASEMENT LEGAL DESCRIPTION THAT PORTION OF THE SOUTH 1G.00 FcET OF~ TFcACT 1, "LAMBERT TRAILER COURT", ACCORDING TO THE PLAT THEREOF, A5 RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALi~ BEACH COUN1 Y, FLORIDA, FALLING WEST OF THE WEST RIGHT-OF-WAY LINE OF l15 HIGHWAY "i, A.S SHOWN ON FLORIDA DEPARTMENT OF TRAN:,PORTATION RIGHT-OF-WAY MAP SECTION 9301-206. TOGETHER WITH: THE EAST 100.00 FEET OF THE SOUTH 18.00 FEET OF TRACT 6,"LAMBERT TRAILER COURT", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOR 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY FLORIDA AND CONTAIN 0.166 ACRES, MORE OR LESS. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WA5 MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION, 3. BEARINGS SHOWN HEREON ARE BASED ON A GRID BEARING OF NORTH 00° 01'52" WEST, ALONG THE WEST LINE OF THE NORTH EAST ONE-(~UAP.TER OF THE SOUTHWEST ONE-QUARTER OF SECTION 21-4fi-43, ACCORDING TO PALM BEACH COUNTY CONTROL MONUMENTS, "DIXIE I_AMATRA" AND "McCARTHY" ABBREVIATIONS L ARCLENCTH CONC. CONCRETE COR. CORNER D DELTA f(:ENTRAL ANGLE) D. E. DRAINAGE EASEMENT 1.A. IRON RDO I.R.C. IRON RDD AND CAP L.B. LICENSED BUSINESS L.S. LICENSED SURVEYOR MON. MONUMENT U.H.B. OFFICIAL RECORDS BOOK P. 0. 8. POINT OF BE(,INNING P.O.C. POINT Of COMMENCEMENT P.H. PLAT 800K P. B. C. R. PALM BEACH COUNTY REi:OR05 PG. PAGE P.S.M. PROFESSIONAL SURVEYOR 8 MAPPER R/W RIGHT-OF-WAY U.E. UTILITY EASEMENT CERTIFICATION IHER_BY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON CUMPUE5 WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRhTIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION 15 TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER M'. DIRECTION. JEFF 5. HODAPP SURVEYOR AND MAPPER FLORIDA LICENSE N0. LS5111 uo. 08150 uwc a~ CK'D Dyi i L_1 ~~~'. ~ i i i _~ ~ i I I I i rn -o r m~ ~O 70 ~~ W~ W~ y~ r ~ m ,~ i 1 I I I I ) t i i w ~^ °og •o N v. ' ~ J- ` S£CT ~ 9 W S~ ~ 3p~-2o6 -~ __~ t 346.94 N u "SILVER TERRAC (, Iii N00° 00'49"W I Noo• ao'as"w ~ I --i8.oo~ 1 ~~ / I is.oo' I - ~- I ~ I { ~ w I °A I A { I ~ N~ 1 m I ~lp ~ I m~~ { ON ON "'~ NSA < wp 1 o p -~ ~o I -~ I m °~° I .-mpA I I ~ I ~ ~., 18' EASEMENT A ~ I (D. B. 871, PG. 184) I '^ { 1B 7 ~ N I N __ - ~ (D 8 877, Pc. yes) W ~ a to ~ 1 ' ~ ~ i~ ,, ..I i _ I~ ° 1 I (7 ~ ~ n ( ~ 0 ~ 100 I "' N ~ I O ~.' N i° u ~ I v A I 1 t0 I~ m l fn Dp ~, ~ ~ N n~ I i I m 1 pp O '~p0 ~O~ -, n A m 1 ma m,., p ~ °q Ip~ rn ~ _ p pm> 1 2 nm ~ i 1 ~ ~ m~~ I • o ~W ~ ~I ~I . ' 12D.DO' 1 1~ ups { ~~ I ~ ~~`v' 1 a I IO I m ~ I v < ~ ~ I ~ -I r -~-- r- _ + - r~ 18' EASEMENT (D.B. 901, PG. 267) (D.B. 984, PG. 446> i8'R/W RESERVED FOR USE OF ADJOINING OWNERS (P.B.22, PG. 41) m b 0 r'~ N NO 500.Or16"E ~ 133.50' b r D ~~ Q7 p ~~ W'p 'D G77C ~~ n m r+oo• or16^w ~-133.50' m w 0 m I ~ I NN INW ~r ' V I ~ I oo INg ~~ I ~' o I - W ; -~.__ i8' R/W RESERVED FOR I „J I h - , '-- I USE OF ADJOINING I I ~ 1 „ O NERS (P.6.22, PG. 41) I D° ~ 1 oZO Om"' ~rvo i I ~N oN`O 1 J`° mp~ mam i I N WL'' I,W ~~i tip I I ~ "'W INw ~~~ ~ z i ( ~ '~ I m ~~~ ~Qg I Ivp< A~o ' I 1 Z° ~~~ °m R-2836.93' ` 1 L • 18.79' 0.00° 22'35".' R-2836.93' q:13°+3•gg, L•18.63' ~.a8J6.93~ - LOCATION MAP EXHIBIT "C" - - `~,~~ ~- ~~ ~ Irk Q, ~ .~ 949A Clirrt Moore Road S U R V E Y I N 0 6 M1A A P P I N O Tel: (581) 241-9988 Boca Re1on, Florida 33487 Cerytlcate of Al~itaQaUon No. 037284 Fex: (581) 241182 ,rwca,.~..~ss.sr.: SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) FRANKLIN AT DELRAY BEACH -TURN LANE RIGHT OF WAY LEGAL DESCRIPTION A PORTION OF LOT 1, "LAMBERT TRAILER COURT", PCCORDING TO 1HE PLAT THEREOF, A5 RECORDED IN PLAT BOOK 22, PAGE 41, AND A PORTION OF "PROFESSIONAL OF FiCE PLAZA FOR ACOUlLANO", AS RECORDED IN PLAT BOOK i4, PAGE i47, 80TH OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEIIJG MORE PARflCULARLY DESCRIBED AS FOLLOWS BEGINNING AT 1HE SOUTHWASI COFNER OF SAID "PROFE5510NAL OFFICE PLAZA FOR ACOUILANO", SAID POINT LYING ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POIN7 BEARS NORTH 78° 01'08" WEST: THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, ALSO REIN ~ THE WEST RIGHT-OF-WA`r LINE OF U S. HIGHWAY NUMBER 1, ACCORDING TO THE FLORIDA DEPARTMENT OF TRANSFORTAlION RIGHT-OF-WAY MAP SECTION 9301-206, HAVING A F;ADIUS OF 2836.93 FEET ,'UJD A CENTRAL ANGLE OF 02° 03'43", A DISTANCE OF 102,09 FEtT; THENCE NORTH 26° 00'49" WEST, A DISTANCE OF 20.2'I FEET 70 A POINT ON TFIE ARC OF A CIRCULAR CURVE TO THE LEFT, AT WFiICIi THE RADIUS POINT BEARS NORTH 76° 16'13" WEST; THENCE NOF;THERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2323.93 FEET APID A CENTRAL ANGLE OF 04° OC'13", A DISTANCE OF 203.89 FEET. THENCE NORTH 22° 29'.:9" EAST, ALONG ANON-TANGENT LINE, A DISTANCE OF 55.88 FEET TO A PINT ON THE P,RC OF A CIRCULAR CURVE TO THE RIGHT AT WHICH THE RADIUS POINT BEARS NORTH 81° 3031" WEST; THENCE SOUTHERLY, ALONG THE ARC OF SAID CARVE, ALSO BEING SAID WEST RIGHT-OF-WAY LINE, HAVING A RADIUS OF 2836.93 FEET AND A CENTRAL At'iGLE OF 0~° [9'23", A DISTANL'E OF 172.79 FEET TO THE POINT OF BEGINNBJG. SAID LANDS 51TUATE IN THE CIT'f OF DELR.AY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAIN 0.071 ACRES, MORE OR LESS. ABBREVIATIONS NOTES coNC. 1. REPRODUCTIONS OF THIS SKETCH ARL NOT VALID coR. WITHOUT THE ~IGNATURF AND THE ORIGINAL RAISED ~ E SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. L. a. 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE L.S. IN THE PREPARATION OF THIS SKETCH ANG GESGRIPTION. ~N• 3. BEARINGS SHOWN HEREON PRE BASED UN A GRID O.R.B. P.rl.e. BEARING OF NORTH 00°u1'53" WEST, ALONE; THE WEST P.O.C. LINE OF THE FIORTH EAST ONE-QUARTER OF THE P.B. SOUTHWEST ONE-C`UARTER OF SECTION 21-46-43 P. B. C. R. ACCORDING TO FALM BEACH COUNTY COiJTROL PG. P''~M' MONUMENTS, "DIXIE LAMATRA" AND "McCARTHY". R /W U.E. CERTIFICATION IHERERY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS A5 CONI AWED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, P~_IRSUANT TO SECTION 472.027, FLORIDA °TATUTES, AND THP.T SAIL SKETCH AND UESCRIPTIUN I5 ~ERUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION. JEFF S. HODAPP SURVEYOR AND MAPPER FLORIDA LICENSE N0. LS5111 ARCLENGTH CONCRETE CORNER DELTA (CENTRAL ANI;LEI DRAINAGE EASEMENT LICENSED BUSINESS LICENSED SURVEYOR MONUI.~N7 OFFICIAL AECORDS BOOK POINT OF BEGINNING POINT OF COMMENCEMENT PLAT BGOK PALM BEACH COUNTY RECORDS PAGE PROFESSIONAL SURVEYOA $ MAPPER R1GHT-OF-WAY UTILITY EASEMENT ProJaot r+ome,iRAN!(LAd AT DELRAY BEACH TURN LANE R/W DATE, 11/02/2010 doa wo. Og13 ouc eY~ .1LH REV. x/31; 2011 cK~uey~ JSII SKEET tOF 2 `~ `' ~ ~ 848,A Clint Moore Road SURVEY 1 N 0& M A P P I N G Boca Raton, Plaids 33487 Certlilcate of Author®tian No. LB7264 H.~f~~~~l's.s-~alef l.'~'~~l~~K.~~~r ~. .f. 1~ Tel: (581) 244-9988 Fex' (581) 241~J182 ~~ SKETCH AND LEGAL DESCRIPTION ~~ ~~ ~~ "il ~ , ;,~ ?~ '~! I (NOT A SURVEY) , I , i ly l '~' ~'ll~ I I~, l I J~~ l~ ~ ill,.i 1'~ . ) ~ 1'~a NB~US ~~pRS _ .. 3U 31 f m W ~ a turn SrR~ THlS /' ~ ~! ~ - _ - ~ SKETCH b, J , 1 `'~ M N `~ ~. ~ o~' ~ "PRUFESSIUNAL i1FFICE '~ Nta7 ' 1~ PLAZA FOR ACUUILANO" N ~ J ~ M^N OQ^ M N.- O cy„~ ~ . fP.R. 44, PG. 147) 2' f ~ JQ / ~ LOCATfON MAP rM i~+~ ~----~ / ~~~ ~ l NNO f a t ~ Jq i ! } .. !?ADIU ~ S gE N7~~ •~;~.ARS ' O1 U8 ,w .. o ~ - - ~ ~ w UZ ~~QI~ LL .~ oo~~ //~~// W ~~ U LL7 Z~ Q2 ~Otrd ~ ^ ~INOd' / _- L.L N~ -. RADIUS \ N~6° ~g SJ N~~a a0. 1fi' l_OT 1 ;W ~ (TRACT ~) N26° 00'49"W-- 2~.27' ~~ ------------------------ 18' R/W RESERVED FOR USE OF ADJOINING OWNERS MOfr,,~ 01 ~ - O ~- "PLAT OF LAMBERT 7PAILER COURT" ^~~ r N " ° -F N LOT 2 ~ ° ~O~ O o~ 4Qru - - J00 NO• 1 PrpJ for Nomo~ I ELRAY B ow6 are ~ SCALEI TURN LANE R/W cc•a e ~ JSH DATES 11/ 2/ 1 T 2 ~j" - 949A Clint Moore Road SURVEYING & M A P P I N O Tel: (561) 241-9988 Boca Raton, Florida 33487 redif}cate of Authorizalicxi No L87264 Fex: {581) 241~5i82 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) FRANKLIN AT DELRAY BEACH -PUBLIC RIGHT OF WAY LEGAL DESCRIPTION A PORTION OF L07S 1 AND 6, "LAMBERT TRAILER COURT", ACCORDING TU THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, FAGE 41, AND A PORTION OF "PROFESSIONAL_ OFFICE PLAZA FOR AC4UILANO", AS RECORDED IN PLAT BOOK 44, PAGE 147, BOTH OF" THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLOP.IDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF "PROFESSIONAL OFFICE PLAZA FOR ACOUILANO", SAID POINT LYING ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, AT WHICH 1 HE RADIUS POINT BEARS NORTH 75'01'08" WES'i:THENCE NORTHERLY ALONG THE ARC OF SAID CURVE ALSO BEING THE EAST LINE OF 5AID "PROFESSIONAL OFFICE PLAZA FOR ACQUILANO", HAVING A RADIUS OF 2836.93 FEET AND A CENTRAL ANGLE OF 00° 20'4?", A DISTANCE OF 17.09 FCET; THENCE NORTH 78° 21'50" WEST ALONG ALINE, RADIAL TO THE LAST AND NEXT DESCRIBED CURVES, A DISTANCE OF 13.00 FEET TO THE POINT OF BEGINNING, ALSO LYIN~~ ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2$23.93 AND A CEN1 RAL ANGLE OF 02° 05':,2", A DISTANCE OF 103.12 FEET; THENCE NORTH 26° 00'49" WEST, ALONG ANON-RADIAL LINE A DISTANCE OF 33.94 FEET; THENCE SOUTH 89° 23'G7" WEST, A DISTANCE OF 301.31 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY AND SOUTHERLY, Ai_ONG THE ARC OF SAID CURVE, HA`/ING A RADIUS DF 25.OD FEET AND A CENTRAL ANGLE OF 90°0734",A DISTANCE OF 39 32 FEET TO THE POINT OF TANGENCY; TI IENCE SOUTH 00° 44'27" EAST, A DISTANCE OF 57.44 FEET; THENCE SOUTH 89° 23'07" WEST, ALONG THE SOUTH LINE OF SAID LOT 6, A DISTANCE OF 59.46 FEET; THENCE NORTH 00° 01'19" EAST, A DISI"ANCE OF 18 00 FEET; THENCE NORTH 89° 23'07" WEST, A DISTANCE OF 15.77 FEET; THENCE NORTH 44° 15'33" EAST, A DISTANCE OF 35 36 FEE I; (HENCE NORTH DD° 44'?7" WEST, A DISTANCE OF 14.28 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY ANG EASTERLY ALONG THE ARC OF S?JD CURVE, HAVING A RADIUS OF 75.00 FEET AND A CENTRAL ANGLE OF 90° 07'34", A DISTANCE OF 117.97 FEET: THENCE NORTH 89° 7.3'07" EAST, A f11STANCE OF 315.15 FEET; THENCE NORTH 50° 30'38" EAST, A DISTANCE OF 31.38 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IIJ IHE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAIN 0.558 ACRES, MORE OR LESS. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE iN THE PREPAkATiON OF THIS Sk.ETCH AND DESCRIPTION. 3 BEARINGS SHOWN HEREO~i ARE BASED ON A GRID SEARING OF NORTH OO° 01`5?" WEST, ALONG THE WEST LINE 7F THE NORTIi EAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 21-46-43, ACCORDING TO PALM BEACH C')UN I Y CONTROL MONUMENTS, "DIXIE LAMATRA" AND "McCARTHY" CERTIFICATION ABBREVIATIONS L ARCLENGTH CONC. CONCRETE CDR. CORNER 0 DELTA (CENTRAL ANGLE( O.E. DRAINAGE EASEMENT L.B. L1~ENSED BUSINESS L.S. LICENSED SURVEYOR tdUN. MONUMENT O. R, B. OFF1CfAL RECORDS BOOK P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT P.B. PLAT BOOK P. B. C. R. PALM BEACH COUNTY RECORDS PG. PAGE P.S•M. - PROFESSIONAL SURVEYOR 8 MAPPER R/W RIGHT-OF-WAY U.E. UTILITY EASEMENT (HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION. JEFF S. HODAPP SURVEYOR AND MAPPER FLORIDA LICENSE N0. L55111 IPr°Jeaf N°m°~FRANKLIN AT DEU2AY BFACHI PUBLIC R/W iDATE~ 1l/02/2010 I J00 N0. 1 DF 2 Tef: (661) 241-9968 Fex: (561} 241162 TNlS •SKETCH -43 '~-.. PLAZA FOR ACQUILAN l5' U.E _' O" ~ ~°'~•~y ••• 13.00' ~• --j• 44, PG• 147) D°00° 20'42" (P 8. 44, PG. 147> RADIAL .IOB uo. 1 P~o/act nome~'RIiN KIJN AT pEIRAY REAC ~~+~% nr. JLH SULE~ 1"•b0 _ PllBUC R/W cK•o ~av~ J;N oAre~ t1/D2/2010 SHEET 2 4F 2 EXHIBIT "D" Prepared by and return to: R. Brian Shutt, Esq. City Attorney's Otiice City of Delray Beach, Florida 200 N.W. 1st Avenue Delray Beach, Florida 33444 CERTIFICATE OF SUBSTANTIAL COMPLETION and TERMINATION OF ACCESS EASEMENT AGRF,EMENT WHEREAS, FLORANDA MHP, LLC, a Florida Limited Liability Company, NEW CENTURY EXECUTIVE QUARTERS, LLC, a Florida Limited Liability Company, each with a mailing address of 1030 S. Federal Highway, Suite 100, Delray Beach, Florida 33444, ("OWNER"), and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, ("CITY") properly entered into that Access Easement Agreement ("Easement Agreement") recorded at ORB , PG ,Public Records of Palm Beach County, Florida, on ;and WHEREAS, Section 3 of the Easement Agreement provides that the rights granted thereunder shall terminate at such time as such other substitute right-of--way is dedicated to the public and has been substantially completed as set forth therein. NOW, THEREFORE, in accordance with the Easement Agreement, the City Engineer of the Delray Beach, after having caused the review and inspection of the Future Roadway (as that road is further identified in the Easement Agreement) hereby certifies and confirms that the construction thereof has been substantially completed as of this day of , 20 The recordation of this instrument in the Public Records of Palm Beach County, Florida, shall also serve to automatically terminate that Easement Agreement recorded at ORB , PG ,Public Records of Palm Beach County, Florida, without further delay. IN WITNESS WI~REOF, an authorized agent of CTI Y has executed this instrument as of the day and year above written. Attest: CITY OF DELRAY BEACH, FLORIDA By: CITY CLEKK CI'T'Y ENGINEER Approved as to form: City Attorney J Q (Y W D S.E. w 0 _~ Q~ = a m WILSON AVE. a CENTRAL AVE. COLLINS AVENUE ~O. ~~ . ~~ J' ~P ~~ - / P~ ~~ ~O BANYAN TREE LANE N ABANDONMENT AREA FRANKLIN AT DELRAY BEACH ,- P~ANNwc AND zoNiNC DEPARTMENT D RIGHT OF WAY ABANDONMENT MAP -- D/C/TAL 845E AfAP SYSTEM -- MAP REF: 5:\Plonning k Zoning\DBMS\File-Cob\Z-LM 1001-1500\LM1224~Franklin at Delray Baoch PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT-- MEETING DATE: January 24, 2011 AGENDA ITEM: Iv.A• ITEM' Abandonment of rights-of-way within the Lambert Trailer Court Subdivision in conjunction with the proposed Franklin at Delray Beach development, located on the west side of South Federal Highway, approximately 320 feet south of SE 10th Street and north of the Plaza at Delray. GENERAL DATA: Applicant ..................... New Century Companies, LLC Owners ..................... Floranda MHP, LLC and New Century Executive Quarters, LLC Agent ......................... Weiner & Lynne, P.A. Location .......................... West Side Of South Federal Highway, Approximately 320 Feet South Of SE 10th Street And North Of The Plaza At Delray Property Size .................. 8.19 acres Future Land Use Map.... General Commercial Current Zoning ............... PC (Planned Commercial) Adjacent Zoning....North: RM (Multiple Family Residential -Medium Density), R-1-A (Single Family Residential) and PC East: OS (Open Space) and PC South: PC West: SAD {Special Activities District) and RM Existing Land Use.......... Floranda Mobile Home Park and Professional Office Plaza for Acquilano Proposed Land Use........ Multi-Family Residential. with Conditional Use To Allow A Residential Density Of Up To 22 Dwelling Units Per Acre. Water Service ................. Extension from an 8 inch main along Federal Highway. Sewer Service ................ Extension from an 10 inch gravity main along Federal Highway. IV.A. ITEM BEFORE THE;$OARD ' „~~iy`,`=~,~;`~~, ~, Y: .+f,'. The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of rights-of-way within the Lambert Trailer Court Subdivision, located on the west side of Federal Highway (U.S. 1) approximately 320 feet south of SE 10th Street and north of the Plaza at Delray. The existing development on the property is known as the Floranda Mobile Home Park. The abandonment is associated with redevelopment of the property for amulti-family residential project, known as Franklin at Delray Beach. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(M), Abandonment of Rights-of-Way. - --- BACt~GROUf~D ~~ ~t~<<~, On September 1, 1948, the plat of Lambert Trailer Court was recorded in Plat Book 22, Page 41, which dedicated the road rights-of-way for the use of the adjoining property owners. At its meeting of December 20, 2010, the Planning and Zoning Board considered a conditional use application to allow a residential density of up to 22 dwelling units per acre for the subject property known as Franklin at Delray Beach. The project consists of 180 multi-family dwelling units on the site of the Floranda Mobile Home Park and Executive Quarters office building. The City Commission approved the conditional use at its meeting of January 4, 2011. A Site Plan Review application has been submitted for this project and the review is currently underway. Action by the Site Plan Review and Appearance Board is expected in March, 2011. With the exception of four single family homes, located within the original Lambert Trailer Court Plat on the north side of the subdivision, the development proposal includes the complete redevelopment of the existing mobile home park and office plaza. Abandonment of the two road rights-of--way within the mobile home park is necessary to redevelop the property. A portion of one of the roadways, SE 12~' Road, immediately adjacent to the remaining four single family homes, together with an additional 20' section immediately to the east, will not be abandoned. This portion of the original roadway, which will be connected to a new public road right-of--way for the proposed development, will continue to provide access to the existing homes. It is noted that there are also a number of access easements that coincide with the road rights-of way to be abandoned. These easements will be abandoned through separate action by the City Commission concurrently with the road rights-of--way abandonment. The item before the Board for action is the request to abandon the road rights-of--way, as described above, within the Lambert Trailer Court Subdivision. ._. ....__,_ _ _._ __-. ~ ABANDONMENT. DESCRIPTION ''~ , ~ 'f ",`' ~ ~~~?,, c~ ~ air, ;;;h+~~ i~~',x~ ~; ~..:'~~, 1. ,~~. 7 ~ The subject road rights-of--way consist of two parallel roadways which are both 18' wide. The south roadway, which is approximately 852 feet long, is being abandoned in its entirety. As noted above, since the north roadway, SE 12~' Road, provides access to the remaining four single family homes, a 220 foot portion of the right-of--way in front of the homes will not Planning and Zoning Board Meeting of January 24, 2011 Abandonment of Rights-of-Way for Franklin at Delray Beach Page 2 be abandoned. The abandonment area for this roadway is approximately 250 long on the west side of the property and 404 feet on the east side. tj Iy 'l;i., t~v„4 h~•(~ J ~, ; , it - 4~,SY~Z "J F1 1f P - ~R2,~5 7~ j; 2H~ tr ~ h 4 b~rL rk'k'.J'im~ • "^9':!: ?~,t'3 ~`~. 5 .'SAS'S' r~^~ ,,3'' ~~~ ~~~ r ~~.. ~~~~: ^'~!+:i~~ir`~I?~~k'",~r+.i~4'}x~~~L ~ci`'vaC x°..~~. `{t. c~ oC ~ L~Yi.v1; ~:. . f, r ~,;, u,: Pursuant to LDR Section 2.4.6(M)(1), public right-of--way may be abandoned (returned) to the adjacent property to the same degree in which it was originally obtained, i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels. As previously stated, the subject road rights-of way were dedicated by the plat of Lambert Trailer Court and the owner of the adjacent properties (the Applicant) is entitled to the entire abandonment area. The City's Environmental Services Department (ESD) has reviewed the request and has no issues with the abandonment. Florida Public Utilities, AT&T, Comcast and FPB~L all stated that they do not object to the abandonment. ~ .. ... . -; ~'Z ~!"i ,q '~ n' ti:;4~~ ~ ~ Y` r°~} ~ REC3U~~E~.. ~I ~~~_ ~fl'i ~'%J ;' S- r ~fj. ~k h Pursuant to LDR Section 2.4.6(M)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of--way for any public purpose. The existing rights-of-way are currently being utilized for vehicular access to the existing mobile home park and four single family homes to the north. With redevelopment of the property, these rights-of way will no longer be needed in their current location. A new public road right-of-way must be dedicated by special instrument prior to the abandonment. This has been added as a condition of approval. The new roadway will provided access to the new development as well as to the existing single family homes. A temporary access easement must also be provided in the same location as the existing SE 12~' Road between the four single family homes and South Federal Highway. This has also been added as a condition of approval. This easement will maintain access to the four existing homes until the new public roadway is constructed. Since access will be provided by a new public roadway upon demolition of the existing mobile home park and redevelopment of the property, there will be no further public purpose for the existing rights-of-way. Therefore, a positive finding can be made. B) That the abandonment does not, nor will not, prevent access to a lot of record. As stated above, the subject road rights-of-way currently provide access to the Floranda Mobile Home Park and four existing single family homes on the north side of the subdivision. With the exception of the single family homes, the property is being entirely redeveloped. Except for the area immediately in front of the four single family homes, the existing road rights-of--way will not be needed for access when the property is redeveloped. The right-of-way in front of these homes will not be abandoned and a temporary access easement will be provided in the same location as the portion of the right-of-way which is being abandoned between the homes and South Federal Highway. Planning and Zoning Board Meeting of January 24, 2011 Abandonment of Rights-of-Way for Franklin at Delray Beach Page 3 Ultimately a new public roadway will provide access to both the existing single family homes and the new development. Since access will not be prevented, a positive finding can be made. C) That the abandonment will not result in detriment to the provision of access ancUor utility services to adjacent properties or the general area. The existing roadways only provide access to the property within the Lambert Trailer Court Subdivision. After redevelopment of the property, access will be provided by a new public right-of-way connected to South Federal Highway. A temporary access easement will be provided to maintain access to the four single family homes until this roadway is constructed. No utilities have been located within the abandonment area by Florida Public Utilities Company (Gas), Florida Power 8 Light, AT &T, Comcast or the City of Delray Beach. Therefore, the abandonment will not result in detriment to the provision of access or utility services, and a positive finding can be made. ' A. ,' ~; ~'~ .~ ~ ~~, ~,~sr ~~k~i?,`= ~~V~EW B.Y OTHERS ~:y The subject property is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Courtesv Notices: Courtesy notices have been provided to the following groups and neighborhood associations: . Neighborhood Advisory Council Delray Citizen's Coalition Floranda Banyan Tree Village • Heritage Club Harbourside Delray Beach Harbor Club E View • Domain Delray Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. The Planning Department has not received any letters of opposition to the abandonment. Additional letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. :. ..~: ... -~! i...,~ii4:,:i :.. .,.:'•. ~]sjilrq;~s~h.T~q~tyT:r-:~~I'Y.. S~~ 1 ~tt~i9~ixs~U.a~~~"~~ ",fi{N~bJt~ ~ f,:~,~.t,'~~A~Far ~ r Z~.c'~,`~.. ~~..__ .~ ,M: The rights-of-way within the Lambert Trailer Court Subdivision are currently being used to provide access to the mobile home park and four single family homes. Upon redevelopment of the property, a new public road right-of-way will be provided and the existing rights-of- way will no longer be needed. In the interim, access will be maintained via a temporary access easement which will be dedicated prior to abandonment. There are no utilities located with the rights-of-way and the utility providers have no objection to the Planning and Zoning Board Meeting of January 24, 2011 Abandonment of Rlghts-of--Way for Franklin at Delray Beach Page 4 abandonment. Positive findings can be made with respect to LDR Section 2.4.6(M)(5) and the request can be supported. (f ,' ~ Y~ n;~..q~'~~:~"~ ~ w• ~'~S4j~+y~» ~f°-Xa 4 f ~i~`7`~-~'f~RN~T~~~~,'j~ ~~~~I~~v 4 i ~~ v~ ~~~~t ., ti `~ t ~t .,i 1. Continue with direction. 2. Move a recommendation of approval of the request for the abandonment of rights-of- way located within the Lambert Trailer Court Subdivision, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations. 3. Move a recommendation of denial of the request for abandonment of rights-of--way located within the Lambert Trailer Court Subdivision by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is not consistent with the Comprehensive Plan and that the required findings of LDR Section 2.4.6(M)(5) cannot be made. 3~' ~~;,~,, ~ -; ~ ~ -~ ~ ~ .~ • ~C'1 MEN ED ACTION ~ V r~~ yF~~ =N y & i1 i i 4 s 1~-. ~5 ,,s,a~ -~~4 ',~ ~~.h,~t"ii ~ ~ ~'i~~'~1~~.~'£J~.r ~ Move a recommendation of approval of the request for the abandonment of rights-of--way located within the Lambert Trailer Court Subdivision, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations, subject to the following conditions: 1. Dedication of the new public road right-of-way must be accepted by the City Commission prior to approval of the abandonment Resolution for the existing rights-of- way; 2. A bond must be provided to the City for construction of the new roadway. This bond shall be provided prior to any building permits for the project; 3. A temporary access easement must be provided over the existing SE 12~' Road, to maintain access between the existing single family homes and South Federal Highway prior to approval of the abandonment Resolution for the existing rights-of--way; and 4. An indemnification agreement with the City must be executed in case any litigation results from the abandonment of the rights-of-way. Attachments: Location Map Reduced Plat for Lambert Trailer Court • Sketch and Legal of Abandonment Area S:1Planning 8~ ZoninglBOARDSIP&Z BOARD1Abandonment of rights of way at Franklin.doc J J Q Q ~ ~ W W ~ ~ L.t_ Lr_ S.E. 10TH ST. __ A ~ 1 D Q ~ ~~ ~ - _ ~ m WILSON AVE. o _ o ~ ~ a ~ ~ ~ -1 ~ CENTRAL AVE. '~ t.i t~ ~O \~. COLLINS AVENUE ~~ J' w x ~ o ~P ~~ ~~ ~~ ~~O BANYAN TREE LANE __ OK.YTAC $ISE 4WP SYSZ£M -- MAP REF: 5:\F'bnnfnq k Zonhq\D8M5\FlI~-Cob\2-W tODI-1500\UA1224/~Fronklin of Ddroy Bwch _. _ 0 N ^~ ABANDONMENT AREA FRANKLIN AT DELRAY BEACH ~',F~,,, f . ~~ PLANNING AND ZONING ABANDONMENT MAP t DEPARTMENT ~~~~~~~ 949A Clinl Moore Road S U R V E Y I N G~ M A P P 1 N G Tel: (561) 241-9988 Boca Raton, Florida 33487 Certificate of Autlar¢ation No. L87264 Fax: (561) 241-6182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) FRANKLIN AT DELRAY BEACH-RIGHT OF WAY ABANDONMENT LEGAL DESCRIPTION ~1~~_~~~~U1~s;t-, ALL OF THE SOUTH 18.00 FEET OF TRACT 5, "LAMBERT TRAILER COURT", , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, ~-' ~ ~~~ PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. NOV 0 5 2010 TOGETHER WITH _-~ ~_ __ ~F ~ i THAT PORTION OF THE SOUTH 18.00 FEET OF TRACTS 1 AND 2, "LAMBERT Pt..nRlNING s; zoi~~r~IC~ TRAILER COURT", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FALLING WEST OF THE WEST RIGHT-OF-WAY LINE OF US HIGHWAY •1, AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 9301-206. TOGETHER WITH THE SOUTH 18.00 FEET OF TRACT 6, "LAMBERT TRAILER COURT", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT THE SOUTH 1$.00 FEET OF THE WEST 220.00 FEET OF THE EAST 320.00 OF SAID TRACT 6. SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAIN 0.620 ACRES, MORE OR LESS. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION. 3. BEARINGS SHOWN HEREON ARE BASED ON A GRID BEARING OF NORTH 00° 01'52" WEST, ALONG THE WEST LINE OF THE NORTH EAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 21-46-43, ACCORDING TO PALM BEACH GOUNTY CONTROL MONUMENTS, "DIXIE LAMATRA" AND "McCARTHY". ABBREVIATIONS L - ARCLENGTH CONC. CONCRETE CDR. CORNER D DELTA (CENTRAL ANGLE) D. E. DRAINAGE EASEMENT 1.R. IRON ROD- I.R.C. IRON ROD AND CAP L.B. LfCEN5E0 BUSINESS L'. S. LICENSED SURVEYOR MON. MONUMENT O.R.B. - OFFICIAL RECORDS BOOK P.0.8. - POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT P.B. PLAT BOOK P. B. C. R. - PALM BEACH COUNTY RECORDS PG. PACE P.S.M. PROFESSIONAL SURVEYOR 8 MAPPER R/W - RIGHT-OF-WAY U.E. UTILITY EASEMENT CERTIFICATION THEREBY CERTIFY THAT THE SKETCH ANO DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION 15 TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREP 8•- NDER MY DIRECTION. S E AND MAPPER ORIDA LICENSE N0. LS5111 Prol •cf Naro.FRANKLIN AT DELRAY BEACH R/W AOANDONMENT DATES 11/02/2010 ra. CK t OF 2 I w0 ~~~ o~~ ~~a Oft In () ~ ~Wm ~~a O ~J as '8'd) Sa3NM0 01/ ~0 3Sf) 3S3a M/a .8L As'ccl AA~9f..t0.00N ~,. aw a d~ a~ ~~ om a Jv a ~~'Q -~~ z~~$oo-o 6L'8t-~ £6'9£82.21 ~ 1 ..9ti:bZ.00.0 db'W ~~Of`6 ti ' wza N' I ~~ ~`~ 10 I CI ~~,* ~fl NN rs^ ~^I ~ I I M 1y, -r I WOQI'O1NI gNNF-~ ~ I ~"'° Z I z o a rill ~ I w J ~ M I ~~ 1 ~ M ~ 0 t-r{ Z I ~ 5tr$i n 1 MN i 1 „ ~ 3 --`~ _ o~ ( I n ~ tom. I J~ I 1 ~~ ~~I ~° 1 I ~ ~ ~, I N 1 I I aM 1 ~~ I ~ 1. W I ~ oa 1 ~ I I I I a..1 W ~ I ~ rai a~ 1 ~aa I I W .... ma 1 ism I ~ ~ I Q )'OZ n °o l ~ °~ I sa ~o i y~YSo ( ~ - ;;~~ ~ ~ V ^_ I W$~ ~° i mo ` 0018 ~m ~ I I so .~18 ° ~ ~~ a g l 1 I a ~ o J~ ~. I N ~ ~ 1 ~ ~ ~ ;1 °I ~ F~ ~ 1 ~ ~~ I 8~1 0~ 1 ~ I ~~ ~ ~~i ~ I ~' ~1 o I °n 1 M I I ~ .«8~'a a~ ~ 1N3W3S1l3.81 1•- :' i ~ ~1~ 1 W 1 1 ~ 1 Vl ~ a I ~ p ~ (> iN3Vd~C95V3.81 ~ i ~"1.. I 1 o~ I ~ I ° 1 ~ ~_ 1 ;. 1 w ~?N I NOI NI C N~ I ~4a. I 1 E pIN 1 3~ I I (t4 'Od 'ZZ'8'd) 5a3NMO ~ 1 ~ o3na3s~ nsa ° 1 j j n ao a .s~ --- ~s>.r •~'aes •e•a~ (L9L '~d 'l06 '9'~ 1 I I 1N3Y35tl3.81 00.8L I M..6ti OO.OON I 1 M..64.OO.OON I 1_1 1 (l9 '9d 'll '8'd) ,.3 0Vaa31 a3AlIS.. I n v n ~y ' 9ff .Bt.oo.oo N °' o ^ j d11W N011d~O1 I ~ •1 I'. I I ' ~. I; 1 .. 1 F" ~, J. '°~""'~ , ~ 1~' j 1 J• L `~~"~ ~ . ~ ~~ti ~ti~t~.. C~~i,M wj F... W ~ W ~a V ~ aan7 ~#9e~ ~ N g '~'~~ W ~~ `if~~ d -- 5,~v= o J F o ,~a~gg F-a .V ~a3«~. Q ~ N ~ ~~~~a5 JLL V Q ~ dr W >~~~-azkk~ N m gs~~t ~ ~ °5°{0~ ~ ~ Q a~~~ee ~'Q 3 i ~ 3 ~ ,~'~ vj iil-i Z Q J 3 *~----"-~-- ~r ~ ~6 ~I s~ _.~1~. _ a a 1 '~ f Z ~ t r~gw~it i f f A~ t.~ ~~ ~~ i ~ 1 i 1 ~3 :~ jt ,S~'~~ .:~:: '< E W O u Z jjjj (((( !• ~ g i W J p i. ~ 3 N ! ~u r W m q ~ ~ i ~g~ p W ~ ! . f ~ ii ~ o iii t J ~~s~ a ~~~~ ~L ~6 s ~ y~ i ~~~~~~ ~ ~ i ~ f Cotiersheet MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Mark McDonnell, AICP, Acting Director Planning and Zoning THROUGH: City Manager DATE: April 13, 2011 SUBIECT: AGENDA ITEM 8 A.1 -REGULAR COMMISSION MEETING OF APRIL 21, 2011 RIGHT-OF-WAY DEED AGREEMENT/FRANKLIN AT DELRAY BEACH ITEM BEFORE COMMISSION Approval of the Right-of--Way Deed Agreement for Franklin at Delray Beach. BACKGROUND Page 1 of 1 Action on this item is in concert with Resolution No. 14-11, which abandons road rights-of--way within the Lambert Trailer Court Subdivision, located on the west side of Federal Highway (U.S. 1) approximately 320 feet south of SE 10th Street and north of the Plaza at Delray. The existing development on the property is known as the Floranda Mobile Home Park. The abandonment is associated with redevelopment of the property for amulti-family residential project, known as Franklin at Delray Beach. The Agreement includes terms and conditions related to the dedication of a new public road right-of- way for the proposed development, which will also provide access to four existing single family homes located on the north side of the Lambert Trailer Court Subdivision. Approval of the Agreement will also constitute acceptance of the Right-of--Way Deed, which is attached to the Agreement. RECOMMENDATION By motion, approve the Right-of--Way Deed Agreement. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4414&MeetingID=315 4/25/2011 Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N. W . 1st Avenue Delray Beach, Florida 33444 RIGHT-OF-WAY DEED AGREEMENT THIS RIGHT-OF-WAY DEED AGREEMENT, made this day of , 2011, by and between FLORANDA MHP, LLC, a Florida Limited Liability Company, and NEW CENTURY EXECUTIVE QUARTERS, LLC, a Florida Limited Liability Company, each with a mailing address of 1030 S. Federal Highway, Suite 100, Delray Beach, Florida 33444, ("OWNER"), and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, ("CITY"): WHEREAS, OWNER seeks to develop the project known as "Franklin at Delray Beach" (the "Project") within the CITY, upon the lands more specifically set forth in the legal description attached hereto as Exhibit "A" (the "Property") and WHEREAS, the lands upon which the Project is to be developed are partially contained within that Plat of Lambert Trailer Court, recorded in the Public Records of Palm Beach County at Plat Book 22, Page 41 (the "Plat"), a true and correct copy of which is attached hereto as Exhibit "B"; and WHEREAS, the Plat presently contains existing rights-of--way dedicated to the public as shown thereon; and WHEREAS, OWNER has obtained approval from CITY to abandon a portion of the existing right-of--way of SE 12th Road and the right-of--way for another unnamed road as set forth on the Plat in order to develop the Project (the "Abandonment"); and WHEREAS, OWNER intends to publicly dedicate via plat new right-of--way in the same or substantially the same configuration as more fully described and illustrated within Exhibit "C" attached hereto (the "Future Roadway"); and WHEREAS, as a condition of CITY's approval of the Abandonment, CITY has required OWNER to enter into this Right-of--Way Deed Agreement; and WHEREAS, CITY agrees this Right-of--Way Deed Agreement and the Right-of--Way Deed attached hereto as Exhibit "D" shall automatically terminate and become null and void upon the recordation of a plat in the Public Records of Palm Beach County, Florida, publicly dedicating the Future Roadway as set forth in the same or substantially the same configuration as set forth within Exhibit "C" attached hereto. NOW THEREFORE, in consideration of $10.00 and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Right-of--Way Deed Agreement Page 2 of 3 1. OWNER hereby grants to CITY a public Right-of--Way Deed for the Future Roadway as attached hereto as Exhibit "D", which deed shall be executed by OWNER concurrent with the execution of this Agreement and provided to the City Attorney to be held in escrow. 2. The parties agree that neither this Agreement nor the Right-of--Way Deed itself shall be recorded in the Public Records of Palm Beach County, Florida, unless OWNER fails to record a plat in the Public Records dedicating the Future Roadway as set forth herein within twenty-four (24) months after execution of this agreement. Upon such failure, CITY shall maintain the right, at its election, to either record the Right-of--Way Deed or cause the Abandonment approval to revert as set forth and under the terms set forth in the Resolution approving the Abandonment. 3. The parties further agree the rights and obligations granted herein shall not be transferred, assigned, sold or otherwise conveyed except in conjunction with the transfer or sale of the Property described in Exhibit "A". At such time as the Future Roadway is dedicated to the public via plat, the rights and obligations provided for in this Agreement shall automatically terminate and CITY shall, without unreasonable delay, return the original executed Right-of--Way Deed to OWNER. 4. For the payment of additional consideration of Ten Dollars ($10.00), receipt of which is hereby acknowledged, OWNER shall and hereby agrees to indemnify, defend, and hold the CITY harmless from and against any and all judgments, damages, claims, demands, losses, liabilities and other costs and expenses, including reasonable attorneys' fees and costs, incurred as a result of any action brought by a third-party seeking to void the approval of the Abandonment. CITY agrees OWNER shall have the right to separately intervene on its own behalf in any such action at its own cost and expense. OWNER further consents to any action taken by CITY in strict compliance of any order issued by any court of law relating to the Abandonment. IN WITNESS WHEREOF, the parties hereto have executed this Right-of--Way Easement Agreement as of the day and year first above written. OWNER: FLORANDA MHP, LLC By: STATE OF FLORIDA COUNTY OF PALM BEACH DAVID BIGGS, MANAGING MEMBER The foregoing instrument was acknowledged before me this day of , 2011 by David Biggs as Managing Member of FLORANDA MHP, LLC, who is personally known to me or who has produced as identification. Signature of Notary Public -State of Florida OWNER: NEW CENTURY EXECUTIVE QUARTERS, LLC By: DAVID BIGGS, MANAGING MEMBER Right-of--Way Deed Agreement Page 3 of 3 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2011 by David Biggs as Managing Member of NEW CENTURY EXECUTNE QUARTERS, LLC, who is personally known to me or who has produced as identification. ATTEST: City Clerk Approved as to Form: Signature of Notary Public -State of Florida CITY OF DELRAY BEACH, FLORIDA By: NELSON MCDUFFIE, MAYOR City Attorney EXHIBIT "A" PARCEL ONE PARCEL I: THAT PART OF THE NORTH 15 FEET OF THE SOUTH ONE-HALF (S-1/2) OF TIIE SOUTHEAST li4 OF THE NORTHWEST ]/4 OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 46 SOUTH ,RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WEST OF STATE ROAD NO.S (U.S. HIGHWAY#1) AS NOW LAID OUT AND IN USE, AND PARCEL II THE EAST 80 FEET OF TRACT 6, LAMBERT "TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY ,FLORIDA: TOGETHER WITH THAT PORTION OF TRACT 1 OF SAID LAMBER'T'I'RAILER COURT DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 1; THENCE EASTERLY ALONG THE SOUTH LINE OF TRACT 1 AT A DISTANCE OF 92.39 FEET TO AN ANGLE POINT; THENCE CONTINUING ALONG SAID SOUTH LINE, MAKING AN INCLUDED ANGLE OF 180°09'45" A DISTANCE OF 206.40 FEET TO A POINT' IN THE PROPOSED WEST RIGHT-OF- WAY LINE OF THE SOUTH BOUND LANE OF STATE ROAD NO.S, U.S. NO.1, ACCORDING TO THE STATE ROAD DEPARTMENT RIGHT-0F-WAY MAP, SECTION 9301-206 DATED JUNE 1958; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE ON A CURVE TO THE LEFT' WHOSE RADIUS IS 2836.93 FEET, CENTRAI. ANGLE OF 2°46'36", AN ARC DISTANCE OF 137.48 FEET TO THE NORTH LINE OF SAID TRACT 1; THENCE WESTERLY ALONG THE NORTH LINE OF TRACT 1, A DISTANCE OF 238.26 FEET 1'O AN ANGLE POINT; THENCE CONTINUING WESTERLY ALONG SAID NORTH LINE, MAKING AN INCLUUEll, MAKING AN INCLUDED ANGLE OF 179°50'1", A DISTANCE OF 92.37 FEET TO THE NORTHWESTERLY CORNER OF SAID TRACT 1: THENCE SOUTHERLY ALONG THE WESTERLY LINE OF TRACT 1, MAKING AN INCLUDEll ANGLE OF 90°34'30", A DISTANCE OF 133.50 FEET TO THE POINT OF BEGINNING. RESERVING THE SOUTHERLY 18 FEET THEREOF FOR USE OF ADJOIIVING PROPERTY OWNERS. AND A PARCEL OF LAND IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING A PART OF LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: BEGINNING AT A POINT IN THE NORTH LINE OF LOT 2 OF SAID LAMBERT TRAILER COURT, AT A DISTANCE OF 1387.27 FEET WEST OF THE NORTHEAST CORNER OF SAID LOT 2; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 172.35 FEET TO A POINT 126.77 FEET EAST OF THF, NORTHWEST CORNER OF SAID LOT 2; THENCE SOUTHERLY PARALLEL TO THE WEST LINE OF LOTS 2 AND 3 OF SAID PLAT, A DISTANCE OF 197.63 FEET' 1'O A POINT IN THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 126.77 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT 3; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 113.06 FEET TO A POINT 75.09 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 3; THENCE NORTHERLY ALONG THE ARC OF A CURVE CONCAVE TO THE WEST AND HAVING A RADNS OF 2836.93 FEET, A DISTANCE OF 20b.85 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS. PARCEL 2: ALL OF LOTS 4 AND 5 AND THE WEST 126.77 FEET OF LOTS 2 AND 3, OF SAID LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL TWO: THE WEST 130.47 FEET OF TRACT 6, LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE EAST 40 FEET OF THE WEST 170.47 FEET OF TRACT 6, LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND ALSO: THE WEST 40 FEEL' OF THE EAST 400 FEET OF TRACT 6, LAMBERT TRAII.ER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL THREE: THE WEST 40 FEET' OF THE EAST 120 FEET OF TRACT 6, LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL FOUR: THE WEST 40 FEET OF THE EAST 360 FEET OF "fKACT 6, LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL FIVE: ALL OF "PROFESSIONAL OFFICE PLAZA FOR ACQUILANO", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 44 AT PAGE 147 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS ALL LYING IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAIN 8.191 ACRES, MORE OR LESS. T EXHIBIT "B" ~y~ ~ i p CI.+~ Jd ~ ~~~~ .~~n ,j " ~} ~~~~f ~ t,.t., t~tle~ +t I~-y LL yj M O ~ aQa~ U ~ ~,9:a g '"~~ ~' ojz ~.J 3z 5dr~9. O F O Nd ~44 Ns af" wm ~.~Ja=~ /nm ,no_cc~~d O J d°~~3^o ~a ~~uJ~S W a x-€$;~ 3 m '~~"I~ vi ~xr3~ ~z Q- J 1~ ~ ~~ ~ ~~ ~g i ~I .~ z..,~....'_ z ~ r i ~( ~~ c ~~ ~C Z ~ _~a~ t F Y ~~ 3.i 4. ~F _ .:~ ~~ ;~8 ~. K ~~ o~ ~~ ~ z 0 u ~''~ $ ~ ;~d ~1 ~ i ~` W fY m r d ` ~~ [('~ i ~ ~ ~ m ~ ~ 0 J ' a i3i 1' ~ ~~ ~ {{ ~~~~ j ~ f~ I =~ dap ~~~ 12~~~ ~ `~ ~ ~ f ~~ EXHIBIT "C" ~'`~- ~'~ Tel: (561) 241-9868 949A Clint Moore Road S U R V E Y I N O& 6A A P P 1 N 0 Fax: (561) 241-5182 Roca Ratan, Ronda 33487 C;ertlflcate of Authorhatbn No. L67264 SKETCH AND LEGAL DESCRIPTION FRANKLIN AT DELRAY BcACH -TURN LANE RIGHT OF WAY LEGAL DESCRIPTION A PORTION OF LOT i, "LAMUEkT TRAILER COURT", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, PAGE 41, AND A PORTION OF "PROFESSIONAL OFFICE PLAZA FOP, AC~)UILANO", AS RECORDED IN PLAT BOOK 44, PPGE 147, BOTH OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS F OLLOWS~ BEGINNING AT THE SOUTHEAST CORNER OF SAID "PROFESSIONAL OFFICE PLAZA FOR ACOUILANO", SAID POINT LYING ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS NORTH 78' 01'08" WEST: THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, ALSO BEING THE WEST RIGHT-OF-WAY LINT OF U. S. HIGHWAY NUMBER 1, ACCORDING TO THE FLORIDA DEPARTMENT nF TRANSPORTATION RIGHT-Or -WAY MAP SECTION 930'+-206, HA'JING A RADIUS OF 836.93 FEET ANll A CENTRAL ANGLE OF 02° 03'43", A DISTANCE OF 102.09 FLET: THENCE NORTH 26° 00'49" WEST, A DISTANCE OF 20.27 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, AT WHICH THE RADIUS POINT BEARS NOR fH 76° 1fi'18" WEST: THENCE NORTHEPLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS Of- 2823 93 FEET AND A CENTRAL ANGLE OF 04° 08'13", A DISTANCE OF 203.89 FEET, THENCE NORTH 22° 29'S9" EAST, ALONG ANON-TANGENT LINE, A DISTANCE OF 55.88 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT AT WHICH THE RADIUS POINT BEARS NORTH 81° 30'31" WEST: THENCE SOUTHERLY, ALONG THE ARC. OF SAID CURVE, ALSO BEING SAID WEST RIGHT-OF-WAY LINE, HAVING A RADIUS OF 2836.93 FEET AND A CENTRAL ANGLE OF 03° 19'23", A DISTANCE OF 17.79 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY GF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAIN 0.071 ACRES, MORE OR LESS. ABBREVIATIONS H NOTES CONC. CONCREfE 1. REPRODUCTIONS OF THIS SKETCH ARE NUT VALID CDOR• DELTAR(CENTRAL ANGLEI WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED O. E, DRAINAGE EASEMENT SEAL Of- A FLORIDA LICENSED SURVEI'UR AND MAPPER. L, g, LICENSED BUSINESS NO SEARCH OF THE PUBLIC RECORDS WAS MADE 2 L.S. - LICENSED SUAVEYOR . IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION. uoN. R B. O µONUMENT OFFICIAL RECORDS BOOK 3. BEARIN~~S SHOWN HEREON ARE BASED ON F. GRID . . P'O'B' POINT OF BEGINNING BEARING OF NORTH 00°01'52" WCST, ALONG THE WEST P.D.C. POINT OF COAAiENCEMENT PLAT SOUK LINE OF THE NORTH EAST ONE-QUARTER OF THE P.B. SOUTHWEST ONE-OUARTER OF SECTION 21-46-43, P~B•C.R• PAGE BEACH COUNTY RECORDS ACCORDING TO PALM BEACH rOtINTY CONTROL p, S, M, PROFESSIONAL SURVEYOR MONUMENTS, "DIXIE LAMATRA" Ar1D "McCARTHY". s MAPPER A~W RIGHT-OF-WAY U.E. UTILITY EASEMENT CERTIFICATION I HEREB ~ CERTIFY THAT THE SKETCH AND L1E~CP.IPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, ANU THAT SAID SKETCH AND DESCRIPTION IS TP.UE AND CORRECT TO THE BEST OF MY KNOWLEDGE ANf1 8ELIEF AS FREPARED UNDER MY DIRECTION. JEFF S. HOU4PP SURVEYOR AND MAPPER FLORIDA LICENSE N0. LS5111 ?ro)scf Nnm°,FRANI(LN AT DELRAY REACH JOB N0. 08130 DrG aY, L1t'D Bye ~- ~ 849A Clint Moore Road SURVEYING & M A P P I N G Tel. (591) 241-8986 Baca Raton, Aorida 33487 CeriKicate of Aulhortradon No. LB7264 Fex. (581) 24i~i62 SKETCH SAND LEGAL DESCRIPTION ° (I~OT A SURVEY) 1 I ~ " ,ii ~ ~~~ ~ I ~,i~ ~: ~~a ~~ .~,~ i ~.~~~' 1+n ~ ~.. RADIUg 8EA I rO ~~ ~ _; .\ J.. . i ~, ~~ ll q~ 1 "PROFESSIONFL OFFICE ~~' , / N~ jr PLAZA FOR ACQUlLANO" N~ i (P.B. l4, PG. 1471 2 ~ 1 y. ~ _~ 1 ~~~ NNO ,1 f ~~Q ih M N tD n N N N ~ O . ^ ~ d' ...1 O __ N78:~ • 8f4RS 1 _ O1 pg•;W -•! - wo O~' ova u m w~Qa u~ za Q oo~a U~o~r __ ~ Nam - - ~\ ~~a~ LOT 1 N, g° 16~g ~S~ '•~ °-a CTRACT ~f N26° 00'49"W - 20.2 7' ~ 18' R/W RESEP.VED FOR USE OF ADJOINING OWNERS ~~:t (P.8.22, PG. 417 M ~ MO N ~ \ "PLAT OF LAl~f6ERT TRAILER COURT" ^ ~ ~ (P.B. 22, PG. 41) ~ H~ ~ a', JO LOT 2 " ~~' ~ (TRACT 2) ~'~z ,,o 0 0 0Y~ •D 8Y, LOCATION MAP `~ ' " _ 949A Curl Moore Road SURVEYING & M A P P I N G Tel: {661) 241.9988 Boca Raton, Fbrida 33487 CerMlcele of Autharizalbn No L672B4 Fax: (581) 24i~182 ~ r~.aw~~ n SKETCH A7VD LEGAL DESCRIPTION (NOT A SURVEY) FRANKLIN AT DELRAY BEACH -PUBLIC RIGHT OP WAY LEGAL DESCRIPTION A PORTION OF LOTS 1 ANU 6, "LAMBERT TRAILER COURT", ACCORDING TO THE PLAT THEREOF, A5 RECORDED 1N PLAT BOOK 22, PAGE 41, AND A PORTIUN OF "PROFESSIONAL. OFFICE PLAZA FOR ACQUILANO", AS RECORDED IN PLAT BOOK 44, PAGE 147, 80TH OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRI8ED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF "PROFESSIONAL OFFICE PLAZA FOR ACOUILANO", SAID POINT LYING ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, AT WHICH THE RADIUS POINT BEARS NORTH 78° 01'(18" WEST; THENCE NORTHERLY ALON ~ THE ARC OF SAID CURVE ALSO BEING 7HE EAST LINE OF SAID "PROFESSIONAL OFFICE PLAZ4 FOR ACQUILANO", HAVING A RADIUS OF 2836.9:5 FEET AND A CENTRAL ANGLE OF QO" 20'42", A DISTANCE OF 17 09 FEET: THENCE NORTH 78° 21'50" WEST ALONI; ALINE, RADI4L T•~ THE LAST AND NEXT GESCf:IBED CURVES, A DISTANCE OF 13.00 FEET TO THE POINT OF BEGINNING, ALSO LYING ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT. THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2823.93 AND A CENTRAL ANGLE GF OZ° 05'32.", A DISTANCE OF 103.12 FEET: THENCE NORTH 26° 00'49" WEST, ALONG ANON-RADIAL LINE A DISTANCE OF 33.94 FEE1 ; THENCE SOUTH 89° 23'07" WEST, A DISTANCE OF 301.31 FEET TO THE POIIJT OF CURVATURE OF A %IRCULAR CURVE TO THE LEFT: THENCE WESTERLY ANU SOUTHERLY, ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90° 0734", A DISTANCE OF 39.32 FEET TO 7HE POINT OF TANGENCY; THENCE SOUTH 00° 44'27" EAST, A DISTANCE OF 57 44 FEET; THENCE SOUTH E9° 23'07" wesr, ALONG THE SOUTH LINE OF SAID LOT 6, A DISTANCE OF 59.46 FEET: THENCE NORTH 00°01'19" EAST, A DISTANCE OF 18.00 FEET: THENCE IJORTFI 89° 2.3'07" WEST, A DISTANCE OF 15.77 FEET; THENCE NORTH 44° 15'33" EAST, A DISTANCE OF ;55.36 FEET; THENCE NORTH 00° 44'27" WEST, A DISTANCE OF 14.?ri FFFT TO 1HE POINT OF CURVATURE OF A CIRCULAR CURVE TU IHE RIGHT. THENCE NORTHERLY ANCJ EASTERLY ,4LONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 75.00 FEET AND A CENT(;AL ANGLE OF 90° 0'1'34", A DISTANCE OF 117.97 FEET: THENCE NORTH 89° 23'07" EAST, A DISTANCE OF 315.15 FEET; THENCE NORTH 50° 30'38" EAST, A DISTANCE OF 31.38 FEET 70 THE POINT OF BEGINNING. SAID LAND`; SITUATE iN THE CITY OF DELRAI BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAIN 0.558 ACRES, MORE OR LESS. NOTES 1. REPRO~UCTIUNS GF THIS SKETCH ARE N01 VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION 3. BEARINGS SHOWN HEREON ARE BASED GN A GRID BEARING OF NORTH Ct0° 01'52" WEST, ALONG THE WEST LINE OF THE NORTH EAST ONE-nUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 21-4E-43, ACCORDING TO PALM BEACH COUNTY CONTROL MONUMENTS, "DIXIE LAMATRA" AND "McCARTHY" CERTIFICATION ABBREVIATIONS L ARIa_FNC,TH CONC. CONCRETE CDR. CORNER D DEL 7A (CENTRAL ANGLE( O E. DRAINAGE EASEMENT l_. B. LICENSED BUSINESS 1.5. LICENSED SURVEYOR MON. MONUMENT O.R.B. OFFICIAL RECORDS BOOK P.O.B. POINT OF BEGINNING P. 0. (.. POINT OF COMMENCEI+ENT P.B. PLAT BOOK P. B. C. R. PALM BEACH t.OUNTY RECORDS PG. PAGE P.S.M. PROFESSIONAL SURVEYOR 8 MAPPER R/W RIGHT-OF-WAY U E. UTILITY EASEMENT I HEREBY CERTIFY THAT THE SKETCH AND DE°,CRIf'TION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA AG611NISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, ANO THAT SAlD SKETCH AND DESCRIPTION I5 TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION. JEFF S.HODAPP SURVEYOR AND MAPPER FLORIDA LICENSE N0. LS5111 wolsaf Nmie~FRANKIIN AT DELRAY BEACH PUBLIC R/W DAiE~ 11/02/2010 doe No. 08130 orc eT, JLH REV.3/31/2011 I- cK•o sy~ JSH SHEET l OF 2 841dA glnt Moore Road Boca flaton, Florida 93487 ..~.rs I a89° 23'07••w 15.77' Noo° or19"E S89° S00° aa'27"E 57.44' -- ~~f ~ ~~ SURVEYING & MAPPING CertBfcate of AtAhorkatlon No L87264 I SKETCH AND LEG~-L DESCRIPTION ~ Naa° 15'33"E (NOT A SURVEIL 35.36' ° - ---r~oo 44.27"w ~ t4.28' D•90.07.34•' ~ R• 75.00' I ~ = ~ L•117.9T I m- _, _ r om ~~ I I RI.25.00' ~~ I LOT 5 L•39.32' - ~' (TRACT 5) •90~ 07" ~n Q ~7.\ ~~ I I ~rnrn o I mOm I I I ~ornm I ~gZ I ~~~ I I ~zm ~ l , i- I Z cn ~m f 1O~rn I ~o / I ~ I n n ~I I I I ~ ~ a o '' ~~ ~ N I ~I I ~ I -+ m~ m I N N I Nrn N~ O ~-~ I ~ ~~ WTI I ~ ~~ :m N~ I 'Dm I ~ ~ to C 'moo I ~g I / I °I z / z I of I ~I ~I I LOT 6 SO' n~c 2ACT 6> ' m it - W 1.00' ~~ ~r ~ O N W V wN ~ rn ~ ° W ~O Z~ W V 5O' \. ~ N ~'o ~ ENO ~ O D ID-ntrn/i V ~ ~,ovr ?Ao g~ N ~ .p ~~~ vo , V• f*i z. m~ ~ o. rn ~ N50° 30'38"E ..'31.38' v -~u~z'~ P.~.B, $Ec°r, r R w.s, D°02° 05'32" - .:.~ ~ 8'01' os ~.° 103.31231 P.~.C,,' - S.E. CORNER OF \' R.2836.93' ~ "PROFESSIONAL OFFICE ~ L-17.09' ~ N78.2 PLAZA FOR ACQUILANO" D-00.20'42" 13'1 /'_ fP.f3. 44, PG. 147) RAL Tet: (5s1) zai ~ssa Faec: (561) 241-6182 ~- 21-46-43 .~ \ 15' U.E. LOCATION MAP EXHIBIT "D" Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1 st Avenue Delray Beach, Florida 33444 PIN # RIGHT-OF-WAY DEED THIS INDENTURE is made this day of 2011, between FLORANDA MHP, LLC, a Florida Limited Liability Company, NEW CENTURY EXECUTIVE QUARTERS, I.LC, a Florida Limited Liability Company, each with a mailing address of 1030 S. Federal Highway, Suite 100, Delray Beach, Florida 33444, ("OWNER"), and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, ("CITY"):. WITNESSETH: OWNER, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto CITY, its successors and assigns, all right, title, interest, claim and demand which the party of the first part bas in and to the following-described land, situate, lying and being in the County of Palm Beach, State of l;lorida, to-wit: See Exhibit "1"attached hereto. This Deed is made for the purpose of giving and granting to CITY, its successors and assigns, aright-of--way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revert in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right-of--way shall be subject only to those easements, restrictions, and reservation of record. OWNER agrees to provide for the release of any and all mortgages or liens encumbering this right-of--way. OWNER also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property except as otherwise authorized CITY. OWNER does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-of--Way Deed allows or pernuts, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of OWNER, in law or in equity to the only proper use, benefit, and behalf of CITY, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and deli~•ered FLORANDA MHP, LLC in the presence of: - -- -- By: (Name printed or typed) {Name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH DAVID BIGGS, MANAGING MEMBEK The foregoing instrument was aelmowledged before me this day of , 2011 by David Biggs as Managing Member of FLORANDA MHP, LLC, who is personally known to me or who has produced as identification. Signed, sealed and delivered in the presence of: (Name printed or typed) (Name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH Signature of Notary Public - State of Florida By: NEW CENTURY EXECTTVE QUARTERS, LLC DAVID BIGGS, MANAGING MEMBER The foregoing instrument was acknowledged before me this day of , 2011 by David Biggs as Managing Member of NEW CENTURY EXECUTIVE, QUARTERS, LLC, who is personally known to me or who has produced as identification. Signature of Notary Public -State of Florida 2 EXHIBIT "1" ~' ~ ~ ~~ ~~ 848A Cent Moore Road S U R V E Y I N 4& IA A P P I N O TeJ. (561) 241J9988 Boca Raton, Florida 33487 CerUfloate of AW)oroetbn No. L87284 Fax: (561) 241182 SKETCH AND LEGAL DESCRIPTION (~lOT A SURVEY} FRANKLIN AT DELRAY BEACH -TURN LANE RIGHT OF WAY LEGAL DESCRIPTION A PORTION OF LOT 1, "LAMBERT TRAILER COURT", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT 8001: 22, FACE 41, AND A PORTEON OF "PROFESSIONAL OFFICE PLAZA FOR ACOUILANO", AS RECORDED !N PLAT BOOK 44, PAGE 147, BOTH OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, L3EING MORE PAP. fICUI ARLY DESCRIBED AS FOLLOWS BEGINNING P,T THE SOUTHEAST CORNER OF SAID "PROFESSIONAL OFFICE PLAZA FOR ACQUILANO", SAID POINT LYING ON THt ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS NORTH 78° O1'D8" WEST: THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, AL50 BEING THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NUMBER 1, ACCORDING TO THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 9301-206, HALING A RADIUS OF ?836 93 FEET AIJD A CENTF'AL ANGLE OF 02° 03'43", A DISTANCE Of 102.09 FEET; THENCE NORTH 26° 00'49" WEST, A DISTANCE OF 20.27 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO TTiE LEFT, AT WHIl;H THE RADIUS POINT BEARS NORTH 76° 16'18" WEST; Tl-IENCF NORTHERLY ALONG THE .4RC OF SAID CURVE, HAVING A RADIUS OF 28?3 93 FEET AND A CENTRAL ANGLE OF 04° D8'13", A DISTANCE OF ?03.89 FEET; THENCE NORTH 22° 29'39" EAST, ALONG ANON-TANGENT LINE, A DISTANCE OF 55.88 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT AT WHICH THE RADIUS POINT BEARS NORTH 81° 30'31" WEST; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, ALSO BEING SAID WEST RIGHT-OF-WA'>' LINE, HAVING A RADIUS OF 2836.9.1 FEET AND A CENTRAL ANGLE OF 03° 29'3", A DISTANCE OF 172.79 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF DELR4Y BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAIN 0.071 ACRES, MORE OR LESS ABBREVIATIONS NOTES L CONC. 1. REPRODUCTIONS OF I HIS SKETCH ARE NOT VALip ~OR• WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED D. E. SEAL OF A FLORIDA LICEN;;ED SURVEIOR AND MAPPER. L, B, 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE L,s. IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION. MDN. 3. BEAP,IN/~S SHOWN HEREON ARE BASED ON P, GRID O.R.B. BEARING OF NORTH 00°01'52" WEST, ALONE THE WEST P;~;g; LINE OF 7HE NORTH EAST ONE-QUARTER OF THE P.B. SOUTHWEST ONE-QtJART~R OF SECTION 21-46-43, P B.C.R. ACCORDING TO PALM BEACH COUNTY CONTROL G MONUMENTS, "DIXIE LAMATRA" AND "McCARTHY". P 5 M R1W U.E. CERTIFICATION (HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STAAlDARDS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION d72.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO THE BEST DF MY KNOWLEDGE AND 8ELIEF AS PREPARED UNDER MY DIRECTION. JEFF 5. HODAPP SURVCYOR AND MAPPER FLORIDA LICENSE NO. LS5111 DA7E~ ARCLENGTH CONCRETE CORNER DELTA (CENTRAL ANGLE) DRAINAGE EASEMENT LICENSED BUSINESS LICENSED SURVEYOR MONUMENT OFFICIAL RECORDS BOOK POINT OF BEGINNING POINT DF COMMENCEMENT PLAT 600K PALM BEACH COUNTY RECORDS PACE PROFESSIONAL SURVEYOR B MAPPER RIGHT-OF-WAY UTELITY EASEMENT eoe No. 08130 pwc erg JLH IitV.3/31/Z011 cro en JSH SHEET 10F 2 Y ftllc~ f~ 949A Clint Moore Road Boca Raton, Fbrida 33487 S l! R V E Y I N O 8 M A P P I N 0 Certtticate of Aulhorimtion No. L67284 Tel: (561) 241-9988 Fax (561} 241-5182 SKETCH AND LEGAL DESCRIPTION '''~~~ ; ~ {I~iOT A SURVEY) ;,, ~ ..;, ,, ~~; ~ i ~ ~~I; : ~~ i~~ , .~~ , ~~4 ~.. ~lu3o$i w$. 1 a s ' ° m THIS ..-. . ~_.~ f -,. \ mF . E r ` ~ - SKETCH ` ~ ~ ''~ ~•,, ~ ~ ~ ~~ ~ oho, o~ t yj "PROFESSION;',L OFFICE , PLAZA FOR ACQUILANO" ~~ ~) (V ~ 00^ M N._O t°Ri7NfBOU! RDA ~ • (P.B. 44, PG. 147) Z ~ ' ~ r JO Q LOCATION MAP ,;,~ ` _~ ~ +----~ ~~~ ~ Noel 1 n'° 1 ~, o~ 1 -~ADIUg I Nag<- ~ ~~gA s t7l ,, - ~ wo _ \ ~~~n ~0~~ ~ la ~ Z~aa o°~~ __ - -~ UNpv n ~ ~n~m ~.L.. 3 ~ Q R~4DIL, \ a o'~~v LOT 1 X76° 18' $ ~ . ~ ~ as (Tr~ACT 1) N2$° 00'49"W - ~ 20.27' ~~ M ir;,~ 18'R/W RCSERVED FOR USE OF ADJOINING OWNERS ~~sf •` "PLAT OF LAMBERT TRAILER COURT" h~~~ ~~O N...tN fP.B. 21, PG. 41) ~ o;3.L ~ O LOT 2 ~~ 40~ ~ (TRACT 2) ti''~ ~o ~ ` ----,,~_ -_ _-- - `t k r JOB N0. Q813O P~oJsof Nom's RANKUN AT LAY 8 s~ sr, ,ILt{ sca~e~ 1"•EO' • ~TUf2N LANE R/W cK•s a ~ JSH uArE~ 11/02; 20'~i1 :;~ E:_T i ~; > • B49A Cbnl Moora Road SURVEYING Ji MAPPING Td: {561) 241-9988 Boca Raven, Fbrida 33461 CeRl~cele oJAuthodzalbn No. L87264 Fax: (561) 241-b182 r~1r.s~i~w(~T J..l~.~iw~f~~L~='n~i"•IT.t~ SKETCH AND LtGAL DESCRIPTION (i!!OT A SURVEY) FRANKLIN AT DELRAY BEACH -PUBLIC RIGHT OF WAY LEGAL DESCRIPTION A PORTION OF LOTS 1 AND 6, "LAMBERT TRAILER (;OUR I ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, PAGE 41, AND A PORTION OF "PROFES5IUNAL OFFICE PLAZA FOR ACOUILANO", AS RECORDED IN PLAT BOOK 44, PAGE 147, BOTH OF THE PUBLIC RECORDS OF PALM BEACI-I COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF "PROFESSIONAL OFFICE PLAZA FUR ACOUILANO", SAID POINT LYING ON THE APC OF A CIRCULAF: CURVE TO THE LEFT, AT WHICH THE RADIUS POINT BEARS NORTH 78° 01'08" WEST: THENCE NORTHERLY ALONG THE ARC ~F SAIO CURVE ALSO BEING THE EAST LINE OF SAID "PROFESSIONAL OFFICE PLti.A FOR ACQUILANO", HAVING A RADIUS OF 2836.93 FEET AND A CENTRAL ANGLE OF 00° 30'42", A DISTANCE OF 17.09 FEET; THENCE NORTH 78° 21'50" WEST ALONG ALINE, RADIAI. TO THE LAST AND NEXT DESCRIBED CURVES, A DISTANCE OF 13.00 FEET TO THE POINT OF BEGINNING, ALSO LYINr, ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2823.93 AND A CENTRAL ANGLE QF 02° U5'32", A DISTANCE OF 103.1'1 FEET; THENCE NORTH 26° 00'4y" WEST, ALONG ANON-RADIAL LINE A DISTANCE OF 33.94 FEET; THENCE SOUTH 89° 23'07" WEST, A DISTANCE OF 301.31 FEET TO THE POIt~~T OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT: THENCE WESTERLY AND SOUTHERLY, ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25 00 FEET AND A CENTRAL A<`1GLE OF 90° 0734", A DISTANCE OF 39.32 FEET TO THE POINT OF TANGENCY; TI IENCE SOUTH 00° 44'27" EAST, A DISTANCE OF 57.44 FEET; THENCE SOUTH 89° 23'07" WEST, ALONG THE SOUTH LINE OF SAID LOT 6 A DISTANCE OF 59.46 FEET: THENCE NORTH 00° 01'19" EAST, A DISTANCE OF 18.00 FEET; THENCE NORTH 89° 23'07" WEST, A DISTANCE OF 15.77 FEET; THENCE NORTH 44° 15'33" EAST, A DISTANCE OF 35.36 FFFT; THENCE NORTH 00° 44'27" WEST, A DISTANCE OF 14.28 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHER(.(' AND EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 75.00 FEET AND A CENTRAL ANGLE OF 90°07'34", A DISTANCE OF 117.97 FEEL; 1HENCE NORTH 89° 23'07" EAST, A DISTANCE OF 315.15 F-EET; THENCE NORl H 50° 30'38" EAST, A DISTANCE OF 31.38 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CIT f OF DELRA'r BEACH, PALM QEACH COUNTY, FLORIDA AND CONTAIN 0.558 ACRES, MORE OR LESS. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. Z. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION. 3. BEARINGS SHOWN HEREON ARE BASED ON A GPID BEARING OF NORTH 00° 01'52" WEST, ALONG THE WEST LINE OF THE NORTH EAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 21-46-43, ACCORDING TO PALM BEACH COUNTY CONTROL MONUMENTS, "DIXIE LAMATRA" AND "McCARTHY" CERTIFICATION ABBREVIATIONS L ARCLENGTH CONC. CONCRETE OR R D fCENTRAI ANGLE) DELTA O.E. DRAINAGE EASEMENT L.B. ~ LICENSED BUSINESS L.S. LICENSED SURVEYOR IAON. ~ /~NUMENT O. R, 6. OFFICIAL RECORDS BOOK P.O.B. ~ POINT OF BEGINNING F O.C. PGINT OF COMA~NCEMENT P.B. PLAT BiIOK P. B. C. R. PALM BEACH COUNTY RECORDS PG. PAGE P.S.M. PROFESSIONAL SURVEYOR R MAPPER R/W R1GH7-OF-WAY U.E. UTILITY EASEMENT (HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027. FLORIDA STATUTES, ANO THAT SAID SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE ANU BELIEF AS PREPARED UNDER MY DIRECTIOIJ. JEFF S.HODAPP SURVEYOR AND MAPPER FLORIDA LICENSE N0. L55111 Proleo+ Noni°~FRANKLPI AT [kLRAY BEACH PUBLK; R/W oATE~ 11/D2/ZO10 doe wo. 08130 Dxr, ar. JLH REV. 3/31.'2011 I a•o eye JSH SHEET 10F 2 ~ ---~ 849A CNnt Moore Road Boce Raton, Florida 33487 SURVEYING & M A P P I N G Cerlilicata of Aulhortration No. L67~4 ~ i..z. s c ~ s: :r ~ w Tel: (561} 241-8888 Fax: (661) 241 X182 ~,,..~. I N89.23'07"w .t. I . ~, . ,. . SKETCH AND LE . . ..~. GAL DESCRIPTION 15.77' , ~ N00° OP19"E~ N44• i5'33"E (NOT A Slil2Vtlf7 18.00'--.. ~ 35.36' . rN00 44'27"w I I u.28' 0.90.OT3a° S89.23'07••w R• 75.00' 59.46'------ i L•it7,9T I S00• a4.27"E I 57.44' - I -----r-- -~ m = m `" ~ ~~ ~~ TH/S I °~ ~ ~~ 'SKETCH I I LOT 5 R~ 25.00' L•39,32' °~ m !~ / {i" ' (TRACT 5) •90.07'34" - 50~ I O ~ N ~ ~ "-"`"' CT fi) (TRA - _--- ~ = - w ~ ` ~ ~ I , I`.~m I I --mm ° I LOCATION MAP I mom ( ioTm I I 1.00' I ~~? O I ~ m I ~- - , z I ~,~m i' ~ < I . \ ~ _ ~ - ~ W LINE NEI/gSWI/gSECTION 21-46-43 o o f I I m ~ I ~ n ~ I ~I _ ~"--~ I ~ I N --I ~ I ~r O m ~ I ~I 00 ~ ~~ tp ~ \ I ~ m~ I o f ~~ N ~+'~ ~ ~ ~ '0 N m I N N~ .per I ~ .... ~ ° ~ DD ~N~ m~ ~ ~ D m m ~~ I ~g I lA~ ao ~ I ~ of is O ~~~ I o ~~ 1 ~~ 2A w ~ t'' N ~~° gi „ I I ~ g / ~ z I "~ Ur om I ~ / ~I o I / ~~a ~' `\ ~{.-_- z I rn:o ~ I ~~' I o. rn ~\ ~I ~ ~~ g'~ W50° 30'38"E \ ?027' ~~' /3t.38' ~ ° R ~ ~ P.0.6. w s, SFC r~ 9 D•0 2° 05'32" '' - ~-... 30, o~ R•2823 93 s L • P°~°C t03°12' ,~ ~ S.E. CnRNFR OF "PROFESSIONAL OFFIC PLAZA FOR ACOUILAN _ R-2836.93' ~ ~ 15''U.f. -- E L-17 09' - N78° 21'50" (A•8. 44, PG i47 O" ' ~-~ _ (P.B. 44, PG. 147) - ) D•00° 20'42" 13.00 RAUTAL doo Ho. 130 aro)eo* Nom•~FRANKLIN AT DEL RAY AC owe nr~ JLH sca~E~ 1"~60' PUBLIC R/W cz•o ny~ JSN DATF.~ 11/02/201 5H ET OF 2 ~Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Mark McDonnell, AICP, Acting Director Planning and Zoning THROUGH: City Manager DATE: April 13, 2011 Page 1 of 1 SUBJECT: AGENDA ITEM 8 A 2 -REGULAR COMMISSION MEETING OF APRIL 21.2011 ACCESS EASEMENT AGREEMENT/FLORANDA MHP, LLC/NEW CENTURY EXECUTIVE QUARTERS LLC/ FRANKLIN AT DELRAY BEACH ITEM BEFORE COMMISSION Approval of the Access Easement Agreement for Franklin at Delray Beach. BACKGROUND Action on this item is in concert with Resolution No. 14-11, which abandons road rights-of--way within the Lambert Trailer Court Subdivision, located on the west side of Federal Highway (U.S. 1) approximately 320 feet south of SE 10th Street and north of the Plaza at Delray. The existing development on the property is known as the Floranda Mobile Home Park. The abandonment is associated with redevelopment of the property for amulti-family residential project, known as Franklin at Delray Beach. The Agreement includes terms and conditions related to the dedication of a temporary access easement which will provide access to four existing single family homes located on the north side of the Lambert Trailer Court Subdivision, until a new public roadway is constructed. RECOMMENDATION By motion, approve the Access Easement Agreement. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4415&MeetingID=315 4/25/2011 Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 ACCESS EASEMENT AGREEMENT THIS ACCESS EASEMENT AGREEMENT, made this day of , 2011, by and between FLORANDA MHP, LLC, a Florida Limited Liability Company, NEW CENTURY EXECUTIVE QUARTERS, LLC, a Florida Limited Liability Company, each with a mailing address of 1030 S. Federal Highway, Suite 100, Delray Beach, Florida 33444, ("OWNER"), and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, ("CITY"): WHEREAS, OWNER seeks to develop the project known as "Franklin at Delray Beach" (the "Project") within the CITY, upon the lands more specifically set forth in the legal description attached hereto as Exhibit "A" (the "Property") and WHEREAS, the lands upon which the Project is to be developed are partially contained within that Plat of Lambert Trailer Court, recorded in the Public Records of Palm Beach County at Plat Book 22, Page 41 (the "Plat"), a true and correct copy of which is attached hereto as Exhibit "B"; and WHEREAS, the Plat presently contains existing rights-of--way dedicated to the public as shown thereon; and WHEREAS, OWNER has obtained approval from CITY to abandon a portion of the existing right-of--way of SE 12th Road and the right-of--way for another unnamed road as set forth on the Plat in order to develop the Project (the "Abandonment"); and WHEREAS, OWNER intends to publicly dedicate via plat new right-of--way in the same or substantially the same configuration as more fully described and illustrated within Exhibit "C" attached hereto (the "Future Roadway"); and WHEREAS, as a condition of CITY's approval of the Abandonment, CITY has required OWNER to enter into this Access Easement Agreement; and WHEREAS, CITY agrees this Access Easement Agreement shall automatically terminate at such time as the Future Roadway is dedicated to the public, has been constructed, and the City Engineer has executed and recorded the Certificate of Substantial Completion in the form attached hereto as Exhibit "D". NOW THEREFORE, in consideration of $10.00 and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. OWNER hereby grants to CITY anon-exclusive easement for ingress and egress to enter upon, across, over and under the property described in Exhibit "E", attached hereto, ("the Easement Property") for the purpose of public pedestrian and vehicular access. The parties hereby agree Access Easement Agreement Page 2 of 3 that the OWNER shall be responsible for the maintenance, replacement and repair of the Easement Property herein until termination occurs as set forth in Paragraph 3. 2. The parties agree that this Access Easement Agreement shall be recorded in the Public Records of Palm Beach County, Florida. The rights and obligations granted herein shall not be transferred, assigned, sold or otherwise conveyed except in conjunction with the transfer or sale of the Property described in Exhibit "A". 3. This Access Easement Agreement shall terminate upon the occurrence of the following: (i) the Future Roadway has been dedicated to the public via recordation by plat, has been Substantially Completed, and the "Certificate of Substantial Completion and Termination of Access Easement Agreement" in the form attached hereto as Exhibit "D" has been recorded in the Public Records of Palm Beach County, Florida; or (ii) upon failure of OWNER to dedicate and achieve substantial completion of the Future Roadway, CITY elects to exercise its right to cause the Abandonment to revert as set forth within the Resolution approving the Abandonment. For purposes of this Agreement, "Substantial Completion" or "Substantially Completed" shall mean installation of all minimum roadway pavement and appurtenances deemed necessary by the City Engineer to open the road for its intended purposes but in no event shall include the final lift of pavement, sidewalks, punch list items and other non-essential incidentals which are not required to meet codified life-safety issues. 4. For the payment of additional consideration of Ten Dollars ($10.00), receipt of which is hereby acknowledged, OWNER shall and hereby agrees to indemnify, defend and hold the CITY harmless from and against any and all judgments, damages, claims, demands, losses, liabilities and other costs and expenses, including reasonable attorneys' fees and costs, incurred as a result of: (i) any loss, damage or injury to any person or property resulting directly or indirectly by reason of the use of the Easement Property; and/or (ii) any action brought by a third-party seeking to void the approval of the Abandonment. CITY agrees OWNER shall have the right to separately intervene on its own behalf in any such action at its own cost and expense. OWNER further consents to any action taken by CITY in strict compliance of any order issued by any court of law relating to the Abandonment. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered FLORANDA MHP, LLC in the presence of: (Name printed or typed) (Name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH By: DAVID BIGGS, MANAGING MEMBER The foregoing instrument was acknowledged before me this day of , 2011 by David Biggs as Managing Member of FLORANDA MHP, LLC, who is personally known to me or who has produced as identification. Access Easement Agreement Page 3 of 3 Signed, sealed and delivered in the presence of: (Name printed or typed) (Name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH Signature of Notary Public -State of Florida By: NEW CENTURY EXECTIVE QUARTERS,LLC DAVID BIGGS, MANAGING MEMBER The foregoing instrument was acknowledged before me this day of , 2011 by David Biggs as Managing Member of NEW CENTURY EXECUTIVE QUARTERS, LLC, who is personally known to me or who has produced as identification. Signature of Notary Public -State of Florida ATTEST: City Clerk Approved as to Form: CITY OF DELRAY BEACH, FLORIDA By: NELSON MCDUFFIE, MAYOR City Attorney EXHIBIT "A" PARCEL ONE PARCEL I: THAT PART OF THE NORTH 15 FEET OF THE SOUTH ONE-HALF (S-1/2) OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST li4 OF SECTION 2l, TOWNSHIP 46 SOUTH ,RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WEST OF STATE ROAD NO.S (U.S. HIGHWAY#1) AS NOW LAID OUT AND W USE, AND PARCEL II THE EAST 80 FEET OF TRACT 6, LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY ,FLORIDA: TOGETHER WITH THAT PORTION OF TRACT 1 OF SAID LAMBERT TRAILER COURT DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 1; THENCE EASTERLY ALONG THE SOUTIi LINE OF TRACT 1 AT A DISTANCE OF 92.39 FEET TO AN ANGLE POINT; THENCE CONTINUING ALONG SAID SOUTH LINE, MAKING AN INCLUDED ANGLE OF 180°09'45" A DISTANCE OF 206.40 FEET TO A POINT IN THE PROPOSED WEST RIGHT-OF- WAY LINE OF THE SOUTH BOUND LANE OF STATE ROAD NO.S, U.S. NO.1, ACCORDING TO THE STATE, ROAD DEPART1vIENT RIGHT-OF-WAY MAP, SF,CTION 9301-206 DATED JUNE 1958; THENCE NORTHERLY ALONG SAID WESTRIGHT-OF-WAY LINE ON A CURVE'I'O THE LEFT WHOSE RADIUS IS 2836.93 FEET, CENIRAI, ANGLE OF 2°46'36", AN ARC DISTANCE OF 137.48 FEET TO THE NORTH LINE OF SAID TRACT 1; THENCE WESTERLY ALONG THE NORTH LINE OF TRACT 1, A DISTANCE OF 238.26 FEET TO AN ANGLE POINT; THENCE CONTINUING WESTERLY ALONG SAID NORTH LINE, MAKING AN INCLUDED, MAKING AN INCLUDED ANGLE OF 179°50'15", A DISTANCE OF 92.37 FEET TO THE NORTHWESTF,RLY CORNER OF SAID TRACT 1: THENCE SOUTHERLY ALONG THE WESTERLY LINE OF TRACT i, MAKING AN INCLUDED ANGLE OF 90°34'30", A DISTANCE OF 133.50 FEET TO THE POINT OF BEGINNING. RESERVING THE SOUTHERLY 18 FEET THEREOF FOR USE OF ADJOINING PROPERTY OWNERS. AND A PARCEL OF LAND IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING A PART OF LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: BEGINNING AT A POINT IN THE NORTH LINE OF LOT 2 OF SAID LAMBERT TRAILER COURT, AT A DISTANCE OF 1387.27 FEET WEST OF THE NORTHEAST CORNF,R OF SAID LOT 2; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 172.35 FEET TO A POINT 126.77 FEET EAST OF THE NORTHWES"T CORNER OF SAID LOT 2; THENCE SOUTHERLY PARALLEL TO THE WEST LINE OF LOTS 2 AND 3 OF SAID PLAT, A DISTANCE OF 197.63 FEET TO A POINT IN THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 126.77 FEET EAST OF THE SOITTHWF,ST CORNER OF SAID LOT 3; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 113.06 FEET TO A POINT 75.09 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 3; THENCE NORTHERLY ALONG THE ARC OF A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 2836.93 FEET, A DISTANCE OF 206.85 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS. P.~RCEL 2: ALL OF LOTS 4 AND 5 AND THE WEST 126.77 FEET OF LOTS 2 AND 3, OF SAID LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDID IN PLAT BOOK 22, PAGE 4l ,PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL TWO: THE WEST 130.47 FEET OF TRACT 6, LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND THE EAST 40 FEET OF THE WEST 170.47 FEET OF TRACT 6, LAMBERT "1'1tAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND ALSO: THE WEST 40 FEET OF THE EAST 400 FEET OF TRACT 6, LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL THREE: THE WEST 40 FEET OF THE EAST 120 FEET OF TRACT 6,1•.AMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL FOUR: THE WEST 40 FEET OF THE EAST 360 FEET OF TRACT 6, LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL FIVE: ALL OF "PROFESSIONAL OFFICE PLAZA FOR ACQUII,ANO", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 44 AT PAGE 147 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS ALL LYING IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAIN 8.191 ACRES, MORE OR LESS. EXHIBIT "B" t ~".I.IF , A 4 . ~~ ,~ li F" a e.r,,,.j4,,; < d U ~ 'Q`7``$(Y~S~j~ 7 ~~Itii o~ p ;~~ ~i `~~t~;~,r 1 ~~ 3 f ~Bs a8 ,; a ~,~ ~ _ ~ a~ W { ~ ttl .~ ~ ~ a~ a a :,. 'y 1 J ~e.~(. ~ { ii a ~it7 ~'I~ ~ E~E ~~ j[F 2U R 8 a i! I ~ I I .,~ ¢ ~~ n I ~E i f F" y I' I~ I ~ W j ` I . ,,a,»~~ ~ .my - I y 1 v I N I Y~ ~ j{`~4 ~~i ~ ~~a•6t V ~ aQa,~~ I I m sa~• ~~~ ~ ~ ~ ~ ~ ~ ~ I ~ f, £ ~ ~$~~ a ,} N N J ~' 9•"• I I ;~ ~~ ~ ~1 3 ---,.~ t Q _ ~ I @s 4 ~~ ~p ~ 8 aF' w w ~.$=a~~ I~ I~ a Q~~ 2= f g ~ rnm noc~~~ I i ~y ~ ~~~tt.~~ c Uj ,iil.iw~ I I Z I~ I~ Q - I I J + + ~ u+ I a i I I I I I ~ I I I I I I I I I I I I i. i* ~ I l~ I ~ 4 i ~ p I ~ 3 qti rw ~' `e E,9 z d~I al ZN1~._ ExHIBIT ~,c" ~~~-1~~ ~ ~-~, 949A Clint Moore Road SURVEYING & M A P P I N t3 Tel: (6611241-9988 Boca Raton, Ronda 33487 1;,er811Cafe of Authorization No. LB7~4 Fax: (561) 241-5182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) FRANKLIN AT DELRAY BEACH -TURN LANE RIGHT OF WAY LEGAL DESCRIPTION A PORTION OF LOT 1, "LAMBERT TRAILER COURT", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, PAGE a1, .4ND A PORTION OF "PROFESSIONAL OFFIr,E PLAZA FOR ACOUILANO", AS RECORDED IN PLAT BOOK 44, PAGE 147, BOTH OF THE PUBLIC RECORDS OF PALM BEA:,H COUNTY, FLORIDA, BEING MORE PAR"(ICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST COP.NER OF SAID "PROFESSIONAL OFFICE PLAZA FOR ACOUILANO", SAID POINT LYING ON THE P.RC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS NOR rH 78° 01'08" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, ALSO BEING THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAi NUMBER 1, ACCORDING TO THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY hdAP SECTION 9301-206, HAVING A P,ADIUS OF 2836.93 FEET ANO A CENTRAL ANGLE OF 02° 03'43", A DISTANCE OF 102.09 FCET; THENCE NORTH 26° 00'49" WEST, A DISTANCE OF 20.27 FEET TO A POINT ON "IHF ARC OF A CIRCULAR CURVE TO THE LEFT, AT WHICH THE RADIUS POINT BEARS NORTH 76° 16'tC" WE,T; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF ?823.93 FEET AND A CENTRAL ANGLE OF 04° OS' i3", A DISTANCE OF 203.89 FEET; THENCE NORTH 22° 29';9" EAST, ALONG ANON-TANGENT LINE, A DISTANCE OF 55.88 FEET TD A POINT GN THE ARC OF A CIRCULAR CURVE TO THE RIGHT AT WHICH THE RADIUS POINT BEARS NORTH 81°30'31" WEST; THENCE SOUTHERLY, ALONG THE ARC OF SAID ('URVE, ALSO BEING SAID WEST RIGHT-OF-WAY LINE, HAVING A RADIUS OF 2836.93 FEET AND A CENTRAL ,4P1GLE OF 03° 29'23", A DIS iANCE OF 172.79 FEET 70 THE POINT OF BEGINNING. SAID LANDS SI'fUATF. IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAIN 0.071 ACRES, MORE OR LESS. ABBREVIATIONS NOTES CONC. ~ CONCRE7EH i. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID eoR. !~ coHNER DELTA (CENTRAL ANGLE 1 WITHOU I THE SIGNATURE AND THE ORIGINAL RAISED SS D SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ~:g; ICENSED BUSINE L 2. NO SEAPCH OF 1HE PUBLIC RECORDS WAS MADE t 5. ~ LICENSED SURVEYOR IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION. wON R B. MONUMENT OFFICIAL RECORDS BOOK 3. BEARINGS SHOWN HEREON .ARE BASED ON A GRID , _ a• '~'B' POINT OF $EGINNINC BEARWG OF NOP,TH QO°01'52" WCST, ALONG THE WEST o .O.G POINT OF COMMENCEMENT LINE OF THE NORTH EAST ONE-QUARTER OF THE P.B. - PLAT BOOK SOUTHWEST ONE-QUARTER OF SECTION 21-46-43, p. e. c. R. PALM BEACH COUNTY RECORDS ACCORDING TO PALM BEACH COUNTY CONTROL ' PGS.M. PR~ESSIONAL SURVEYOR ". MONUMENTS, "DIXIE LAMATRA" ANU "McCARTHI a MAPPER R/W RIGHT-OF-WAY U.E. UTILITY EASEMENT CERTIFICATION THEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS A5 CONTAINED IN CHAPTER 61G17-6, FLGRIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 47?.027, FLORIDA S7 ~TUTES, AND THAT SAID SI:ET CH AND DkSCRIPTION IS TRUE AND CORRECT TO THE [TEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION. JEFF S. HODAF'P SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS5111 Prof °ct Num°,FRANKLM AT DELRAY BEACH TURN LANE R/W DATE. 11/02/2010 cos No. OR1:S0 owo are JLH REV. 3/31/2011 ~_- ~~~ B48A Clini Moore Road S U R V E Y t N t3 & M A P P I N O Tel: (561124i-3988 Boca Raton, Florida 33487 Certificate of Authorhadon No. LB726d Fax: {581} 241-5182 ,,,, ,,., SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) + -~ ~I li.. (,,;~ !'I~, i III! '~a i ~ ,fir: I~,a r, 't LOCA710N MAP a u7 ~~Q NNO + ~ 1 -i4 l~ 1 _.- --, ~ P 4DIUg LOT i Njga ]6- BAR"' (TRACT 1) , W , N26 00 49 W - --• 20.27• \ i8' R/W RESERVED FOR USE OF ADJOINING OWNERS J "PLAT OF LAMBERT TRAILER COURT" (P.R. 22, PG. 41) LOT 2 (TRACT 2) ^-----------------~ I Nf N 1p~ N N N ~ O . . ~ ~ O ---~ ~.~o -~ ~vz~n ooa~ ~~ w U 1~ ~ Z~a~ ~ O~~ O U0~0~1 +y~Qa vi~o'd-- a-~ .a ~.- RADIUS g m _~-.~ -~. ' iu SKETCH f ~' ,~, r !j \ / ~~~ N~ j "PROFESSIONAL OFFICE PLAZA FOR ACQUlLANO" "'~ i lP.B. 44, PG. 147) r ~` ~. ~~;~ 949A CIiM Moore Road S U R V E Y I N d 8 M A P P I N r_ Tel: (681) 241J9988 Boca Relon, Florida 33487 CeAiflcate olAulhorizetbn No LB726~: Fax: (5811241-3182 s~..~ ias.~.r~~ssa~.r.~ra~+7~ SKETCH AND LEGAL DESCRIPTION (NO'S' A SURVEY) FRANKLIN AT DELRAY BEACH -PUBLIC RIGHT OF WAY LEGAL DESCRIPTION A PORTION OF LOTS 1 AND 6, "LAMBERT TRAILER COURT", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, PAGE 41, AND A PORTION OF "PROFESSIONAL OFFICE PLAZA FOR ACOUILANO", AS RECORDED IN PLAT BOOK 44, PAGE 147, BOTH OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICIR.ARLY DESCRIBED AS FOLLOWS' COMMENCING AT THE SOUTHEAST CORNER OF "PROFESSIONAL OFFICE PLAZA FOR ACOUILANO", SAID POINT LYING ON THE ARC OF A CIRCIJI.AR CURVE TO TIME LEFT, AT WHICH THE RADIUS POINT BEARS NORTH 78° 01'08" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE ALSO BEING THE EAST LINE OF SAID "PROFESSIONAL OFFICE PLAZA FOR ACOUILANO", HAVING A RADIUS OF 2836.'33 FEET AND A CENTRAL ANGLE OF 00° 20'4?", A DISTANCE nF 17.09 FEET; THENCE NORTH 78° 21'50" WEST ALONG ALINE, RADIAL TO THE LAST .4ND NEXT UES~~RIBEG CURVES, A DISTANCE OF 13.00 FEET TO THE POINT OF BEGINNING, ALSO LYING ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT: THENCE SOUTHERLY ALONE 1HE ARC OF SAID CURVE, HAVING A RADIUS OF 2823.93 AND A CENTRAL ANGLE OF 0^_° 05'32", A DISTANCE OF 103.12 FEET; 7HEIJCE NORTH 26° 00'49" WEST, ALONG A NON-RADIAL LINE A DISTANCE OF 33.94 FEE1; THENCE SOUTH 89° 23'07" WEST, A DISTANCE OF 301.31 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY AND SOUTHERLY, ALONG THE ARC OF SAID CUPVE, HA'/ING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90" 0734", A DISTANCE OF 39 32 FEET TO THE POINT OF TANGENCY: TI IENCE SOUTH 00° 44'27" EAST, A DISTANCE OF 57.44 FEET; THENCE SOU fH 8S° 23'07" WEST, ALONG THE SOUTH LINE OF SAID LOT 6, A DISTANCE OF 59 46 FEET: THENCE NORTH 00° 01'19" EAST, A DISTANCE t1F 18.00 FEET; THENCE NORTH 89° 2.3'07" WEST, A DISTANCE OF 15.77 FEET; THENCE NORTH 44° 15'33" EAST, A DISTANCE OF 35.36 FEET; THENCE NORTH 00° 44'27" WEST, A DISTANCE OF 14 ?8 FEET TO THE POIIJT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY AND EASTERLY ALONG THE AP.C OF SAID CURVE, HA`/ING A RADIUS OF 75.00 FEET AND 4 CENTRAL ANGLE OF 9G° 07'34", A DISTANCE OF 117.97 FEET; THENCE NORTH 89° 23'07" EAST, A DISTANCE OF 315.15 FEET; THENCE NORTH 50° 30'38" EAST, A DISTANCE OF 31.38 FEET TO THE POINT OF BEGINNING. SAID I. ANDS SITUATE IN THE CHY OF DELRA'f BEACI-I, PALM [3EACH COUNTY, FLORIDA AND CONTAIN 0.558 ACRES, MORE OR LE:iS. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARl= NOT VALID WITHOUT THE ~1GNATURF AND THE ORIGINAL f?AISEG SEAL OF A FLORIDA LICENSED 511RVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPAKATION ~F THIS SKETCH AND DESCRIPTION. 3. BEARINGS SHOWN HEREON ARE BASED ON A GP.ID BEARING OF NOF;TH 00° 01'52" WEST, ALONG THE WEST LINE OF THE NORTH EAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 21-46-43, ACCORDING -10 PALM BEACH COUNTY CONTROL MONUMENTS, "DIXIE LAMATRA" AND "Mci..aFTHY" CERTIFICATION ABBREVIATIONS L ARCLENGTH CONC. CONCRETE COF.. CORNER D DELTA (CENTRAL ANGLE) D.E. - DRAINAGE EASEMENT L.B. LICENSED BUSINESS L.S. LICENSED SURVEYOR 0.1DN. ~ MONUMENT O.R.B. OFFICIAL RECORDS BOOK p.n.8. POI N7 OF BEGINNING P.O.C. PGINT OF CDMMENCEMENT P.B. PLAT BOOK P. B. C. R. PALM BEACH COUNTY RECORDS PG. PAGE P.S.M. PROFESSIONAL SURVEYOR 8 MAPPER R/W RIGR7.OF-WAY U.E. UTILITY EASEMENT THEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON CJMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SF%TION 472.027. FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY pIRCC f ION. ---------------------- JEFF S.HODAPP SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS5111 nr.,i,."~ u~,fRANxi IN AT OFI RAY REACH PUBLK: k/W lat.TE. )1/02/2010 I JOa N0. 08130 t1NG 8Y, aM rtw. ~i ~ v cv n c~c•o sy, JSH SHEET 1 OF 2 ~.~ ~ _~ ~~ ' \ ~ Tel: (561J 241-9988 948A Clint Move Road S U R V E Y I N Ci & fYt A P P I N O Fax; (561) 245182 Roca Ratan, Florida 33487 Certificate of Authalzalion No. LB72&1 N$9° 23'07"w I SKETCH AND LEGAL DESCRIPTION 15.77• ~ _. '" I No0.Ort9"E ~. Naa°15'33"E (NOT A SURVEIO ~~ I 18.00'-~-.. . -~ 35.36:N~.44'27"W _. I 14.28' I n•9o° 07.3a•• I S89.23'07°w / R•75.D0' ~,,. 59.46'--~--- i ~, L•tt7.9T I 500.44'27"E I mz I 57.44' - -- -- _-r--, o''' I oA ( LOT 5 L•39.32' • ~ ~ - ~~R' (TRACT 5) •90' 07'34" ~ I LOT 6 50' N~ _I _ (TRACT _6) _ cn ~n A I W I `, oo~ I I mr" I LOCATION MAP I ~o~'rn' I I ~ m _ - 1.00' ~' co~2 I ~`~ I I • Zvi I '~ wow // --~" ~ W LINE NE(/~S`N~/~SEC710N 21-46-43 _ ~~o~ 7' f o o, _ I m v A I _.~~~ -. I o ~I ~ ~ =~ ~ ~ I ~ ZZ I gj o -io ~ A I ~° N Oo \ ~ ~ oo ~ < I ~ tp -n - r*t ~+; ° m ~'D I v' N ~~ -p~ I OV ~ ~~i0 D I c~i-~ m°~ I WZ O morn I ~ N~ ~ WN ~ V {,ov_r ~~ ~m I ~~ w ~ ~~i ~~ o O O ~~~ I o Ag I z~ ~ 5U N Jco ~ z I "~ tr orn % ~I \ ~ ~, `' ~ -I-- .. Z I W.~ I ~I ` ~~ ~I ~~ I ~~~' N50° 30'38"E '" ' 31.38' ~ U ~ - zo,Z~, _ P.O.B. .. Fa s. ~r SfcT1pN 30 2~ R•2823 93 „ ~ - _ ~ °s L ° 103.12' P. D, C_,~' ., _ -~ S.E. CO£2NER OF R-2836.93' ~ ~ 75' U.E -` "PROFESSIONAL OFFICE L-17 09' ~ N78° 21'5D"W (p•8. 44, PG; 147) PI.ALA FOR ACQUIL.ANO" D-00° JO'42'• 13.00' /~_ (P.B. 44, PG. 147) RADIAL EXHIB{T "D" Prepared by and return to: R Brian Shutt, Esq. City Attorney's Office City of Delray Beach, Florida 200 N.W. 1st Avenue Delray Beach, Florida 33444 CERTIFICATE OF SUBSTANTIAL COMPLETION and TERMINATION OF ACCESS EASEMENT AGREEMENT WHEREAS, FLORANDA MHP, LLC, a Florida Limited Liability Company, NEW CENTURY EXECUTIVE QUARTERS, LLC, a Florida Limited Liability Company, each with a mailing address of 1030 S. Federal Highway, Suite 100, Delray Beach, Florida 33444, ("OWNER"), and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, ("CITY") properly entered into that Access Easement Agreement ("Easement Agreement") recorded at ORB , PG ,Public Records of Palm Beach County, Florida, on ;and WHEREAS, Section 3 of the Easement Agreement provides that the rights granted thereunder shall terminate at such time as such other substitute right-of--way is dedicated to the public and has been substantially completed as set forth therein. NOW, THEREFORE, in accordance with the Easement Agreement, the City Engineer of the Delray Beach, after having caused the review and inspection of the Future Roadway (as that road is further identified in the Easement Agreement) hereby certifies and confirms that the construction thereof has been substantially completed as of this day of , 20 The recordation of this instrument in the .Public Records of Palm Beach County, Florida, shall also serve to automatically terminate that Easement Agreement recorded at ORB , PG ,Public Records of Palm Beach County, Florida, without further delay. IN WITNESS WF~REOF, an authorized agent of C1TY has executed this instrument as of the day and year above written. Attest: CITY OF DELRAY BEACH, FLORIDA By: CITY ENGINEER CITY CLERK Approved as to form: City Attorney EXHIBIT "E" ~' . ~, ~ -.fie 949A CHn! Moae Road SURVEYING & M A P P I N G T~: (561) 24'i-8888 Boca Raton, Florida 33487 CeNOcele of AuUbrizaiion No. LE17264 Fax: (561) 241162 C <~.~a~T..=NNwt~+f~~~i~.li'td .7,t. ~ 7~/~~ SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) FRANKLIN AT DELRAY BEACH-TEMPORARY ACCESS EASEMENT LEGAL DESCRIPTION THAT PORTION OF TIIE SOUTH 18.00 FEET OF TRACT 1, "LAMBERT TRAILER COURT", ACCORDING T~ THE PLAT THEP.EOF, AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FALLING WEST OF THE WEST RIGHT-OF-WAY LINE OF US HIGHWAY •1, AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 9301-206. TOGETHER WITH THE EAST iD0.00 FEET OF THE SOUTH 18.00 FEET OF TRACT 6,"LAMBERT TRAILER COURT", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT B001< 22, PAGE 41, Pi1BLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAIN 0.1G6 ACRES, MORE OR LE55. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AP1D THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORUS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION. 3. BEARINGS SHOWN HEREON ARE BASED ON A GRID BEARING OF NORTH 00° 01'52" WEST, ALONG THE WEST LINE OF THE NORTH EAS1' ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 21-46-43, ACCORDING TO PALM BEACH COUNTY CONTROL MONUMENTS, "DIXIE LAMATRA" ANA "McCARTHY" ABBREVIATIONS L ARCLENGTH CONC. CONCRETE OR. R ~ B iCENTRAL ANGLE) DE LTA O.E. DRAINAGE EASEMENT I.R. IRON ROD I.R.C. IRON F00 AND CAP L, O. LICENSED BUSINESS L.S. LICENSED SURVEYOR MON. !MONUMENT O.R.B. OFFICIAL RECORDS BOOK P.O.R. PRINT OF BEGINNING P.O.C. POINT OF COMMENCE-iENT P, B. PLAT BOOK P. B. C. R. PALM BEACH COUNTY RECORDS PC. PACE P.S.M. PROFCS510NAL SURVEYOR 8 MAPPER R/W RIGHT-OF-WAY U.E. UTILITY EASEMENT CERTIFICATION I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEF;EON COMPLIES WITH MINIMUM TECHNICAL STANDARDS PS GGNTAINED IN CHAPTER S1G17-6, F'LURIDA AGMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION IS TRUE HND CORRECT TO THE BEST OF MY KNOWLEDGE A,ND BELIEF AS PREPARED UNUEK MY DIREGTION. JEFF S. HODAPP SURVEYOR AND MAPPER FLORIDA LICENSE N0. LS5111 Pr°Isai Nnna~fRAN(LN AI UtLKAY tlt ACN ItMPUHARY A(;(;t}} to}tMtNl Dale. iUVL~LVIU JOB tw- 08130 Dxc ev, JLH fK'D ay. JSH SHEET 1 OF 2 /' ~-• ~': ~' ~" m .~ ~r 00 ~ Ui O ~~ -~o pm w~ ~~ y~ r I I L_~ i I I I i 1 I I I D $o N v ro ~ ~ ~~ _ _ ----Fogs ~ ' sF~r~o r R S R s~ N 930 2MOa' -- 6 Noo• oo'as°W ~ I 18.DO~ I - f ~ IW - I ~A +' ~ I V O 'D ~m S I N ( N n I O i N.~s ~ I OfC ~or ., •"o" ~ I ~ az~ m % I ~ ~ / ~ f I IN ' ~ i ~ _ ~ N W o I N IW 0 I ~ I ~ ~ I ~ ~ ~ , ~ 1 -r. O D r.. O I I (7~ N ~n INS I ~~ ~ IoN`~ _li, // ~ j I 1 ~ ~nf o I ~ fAO? I i ~ ~ N rnm I ~ ~ m I mm v~ r I p "' I m~ ~Z g %r u ~ G "SILVER TERRACE" (P.B. 11, PG, 61) n NOD• Do'a9"W ~~-18.D0' 18'EASEMENT Ir` ' _ _ _ 1D.8. 801, PG. 2671 I (D.B. 984, PG. 446> I 18'8/W RESERVED FOR U5E Of ADJOINING I+ -- - OWNERS (P.B.22, PG. 41) I ~ I ~ lA -IOW Z Of I °'O N I ~ . I.., 1 6' EASEMENT 4 r{ I 1D. 8. 971. Pc, iea> • I 16' EASEMENT c i - I fD.8.877, - PG. 4861 ~" ~ -~ ~00.Ot'~"E ' to I? p i tJJ.50 I~ ° ~ I ~, ~ I m *i I _ -+ r D p N n ~ „ I g S I oo ° p ~ a, l O a I°~ ~ I ~ \ N00' 01'16"W ~ i 133.50' ~ I ~Oy I ~O ~ C m ~ 2D.DD' , ... f~ 1 I ` ( ~ 1 nzm I O I ,0 1 D ' ~ Z'n w~ ~ ~ ~ I ~£o ~ a I rn ~ ~o ~ I ~ I ~ L w I --~ ~ ~ g i N ~ ~ m N I N N ~IJN A~ V (++ O I ao I ~ ~ f ~• .9 r 'O ~o A~ OO ~p 'D px ~~ 0o r n m I ~~ -a ~ I ww ` ~ ~..-_.J_'.________ 1 8'R/W RESERVED FOR i ~ ~ i ', i ~ O USE OF ADJOINING WNERS (P.6.22, PG. 41) ~l ` \ I Ar o ~' ~ ~~ ~ I p Z n'i Nt~O I ~N O ° c _ ' ~ °m~n '~ ° m~ _ Dp ~D'*1 W stn I ~ ~ Ww ~~w wg~ ~~o ` I ^'-W ~Uw ~~ O ,~ A l~ O ~ I I ' vom ~ m0 A~p ~O ~' D•00. 22'46" .-' - ~ ~^ f 1 ' R • 2836,93" 1 L•18,79' , D•00°22'35", 8.2636.93' L-18.63' D•2843' 8.6736_ 3~„ , LOCATION MAP ' Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Mark McDonnell, AICP, Acting Director Planning and Zoning THROUGH: City Manager DATE: April 13, 2011 Page 1 of 1 SUBJECT: AGENDA ITEM 8 A 3 -REGULAR COMMISSION MEETING OF APRIL 21, 2011 INDEMNIFICATION AGREEMENT/ FLORANDA MHP. LLC/NEW CENTURY EXECUTIVE 4UARTERS,LLC ITEM BEFORE COMMISSION Approval of the Indemnification Agreement for Franklin at Delray Beach. BACKGROUND Action on this item is in concert with Resolution No. 14-11, which abandons road rights-of--way within the Lambert Trailer Court Subdivision, located on the west side of Federal Highway (U.S. 1) approximately 320 feet south of SE 10th Street and north of the Plaza at Delray. The existing development on the property is known as the Floranda Mobile Home Park. The abandonment is associated with redevelopment of the property for amulti-family residential project, known as Franklin at Delray Beach. The Agreement requires the Owner of the Franklin at Delray Beach property to indemnify, defend and hold the CITY harmless from and against any and all judgments, damages, claims, demands, losses, liabilities and other costs and expenses, including reasonable attorneys' fees and costs, incurred as a result of any action brought by a third-party seeking to void the approval of the abandonment of the road rights-of--way. RECOMMENDATION By motion, approve the Indemnification Agreement. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4417&MeetingID=315 4/25/2011 INDEMNIFICATION AGREEMENT THIS IDEMNIFICATION AGREEMENT, made this day of , 2011, by and between FLORANDA MHP, LLC, a Florida Limited Liability Company, NEW CENTURY EXECUTIVE QUARTERS, LLC, a Florida Limited Liability Company, each with a mailing address of 1030 S. Federal Highway, Suite 100, Delray Beach, Florida 33444, ("OWNER"), and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, ("CITY"): WHEREAS, OWNER seeks to develop the project known as "Franklin at Delray Beach" (the "Project") within the CITY, upon the lands more specifically set forth in the legal description attached hereto as Exhibit "A" (the "Property") and WHEREAS, the lands upon which the Project is to be developed are partially contained within that Plat of Lambert Trailer Court, recorded in the Public Records of Palm Beach County at Plat Book 22, Page 41 (the "Plat"), a true and correct copy of which is attached hereto as Exhibit "B"; and WHEREAS, the Plat presently contains existing rights-of--way dedicated to the public as shown thereon; and WHEREAS, OWNER has requested CITY to abandon a portion of the existing right-of- way of SE 12th Road and the right-of--way for another unnamed road as set forth on the Plat in order to develop the Project (the "Abandonment"), as more fully described in Exhibit "C", attached hereto; and WHEREAS, as a condition of CITY's approval of the Abandonment, CITY has required OWNER to enter into this Indemnification Agreement. NOW THEREFORE, in consideration of $10.00 and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: OWNER shall and hereby agrees to indemnify, defend and hold the CITY harmless from and against any and all judgments, damages, claims, demands, losses, liabilities and other costs and expenses, including reasonable attorneys' fees and costs, incurred as a result of any action brought by a third-party seeking to void the approval of the Abandonment. CITY agrees OWNER shall have the right to separately intervene on its own behalf in any such action at its own cost and expense. OWNER further consents to any action taken by CITY in strict compliance of any order issued by any court of law relating to the Abandonment. [remainder of page intentionally left blank] [signatures on following pages] Indemnification Agreement Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Indemnification Agreement as of the day and year first above written. OWNER: FLORANDA MHP, LLC By: DAVID BIGGS, MANAGING MEMBER STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2011 by David Biggs as Managing Member of FLORANDA MHP, LLC, who is personally known to me or who has produced as identification. Signature of Notary Public -State of Florida OWNER: NEW CENTURY EXECUTIVE QUARTERS, LLC By: DAVID BIGGS, MANAGING MEMBER STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2011 by David Biggs as Managing Member of NEW CENTURY EXECUTIVE QUARTERS, LLC, who is personally known to me or who has produced as identification. Signature of Notary Public -State of Florida Indemnification Agreement Page 3 of 3 ATTEST: City Clerk Approved as to Form: CITY OF DELRAY BEACH, FLORIDA By: NELSON MCDUFFIE, MAYOR City Attorney EXHIBIT "A" PARCEL ONE PARCEL I: THAT PART OF THE NORTH IS FEET OF THE SOUTH ONE-HALF (S-1/2) OF THE SOUTHEAST li4 OF THE NORTHWEST 1,'4 OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 46 SOUTH ,RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WEST OF STATE ROAD NO.S (U.S. HIGHWAY#1) AS NOW LAID OU'1~ AIVD IN USE, AND PARCEL II THE EAST 80 FEET OF TRACT 6, LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY ,FLORIDA: TOGETHER WITH THAT PORTION OF TRACT 1 OF SAID LAMBERT TRAILER COURT DESCRBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 1; THENCE EASTERLY ALONG THE SOUTH LINE OF TRACT 1 AT A DISTANCE OF 92,39 FEET TO AN ANGLE POINT; THENCE CONTINUING ALONG SAID SOUTH LINE, MAKING AN INCLUDED ANGLE OF 180°09'45" A DISTANCE OF 206.40 FEET TO A POINT IN THE PROPOSID WEST RIGHT-OF- WAY LINE OF THE SOUTH BOUND LANE OF STATE ROAD NO.S, U.S. NO.1, ACCORDING TO THE STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP, SECTION 9301-206 DATED JUNE 1958; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE ON A CURVE TO THE LEFT WHOSE RADIUS IS 2836.93 FEET, CENTRAL ANGLE OF 2°46'36", AN ARC DISTANCE OF 137.48 FEET TO THE NORTH LINE OF SAID TRACT 1; THENCE WESTERLY ALONG THE NORTH LINE OF TRACT 1, A DISTANCE OF 238.26 FEET TO AN ANGLE POINT; THENCE CONTINUING WESTERLY ALONG SAID NOR'T'H LINE, MAKING AN INCLUDED, MAKING AN INCLUDED ANGLE OF 179°50'15", A DISTANCE OF 92.37 FEET TO THE NORTHWESTERLY CORNER OF SAID TRACT 1: THENCE SOUTHERLY ALONG THE WESTERLY LINE OF TRACT 1, MAKING AN INCLUDED ANGLE OF 90°34'30", A DISTANCE OF 133.50 FEET TO THE POINT OF BEGINNING. RESERVING THE SOUTHERLY 18 FEb'T THEREOF FOR USE OF ADJOINING PROPERTY OWNERS. AND A PARCEL OF LAND IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING A PART OF LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY llESCRIBED AS FOLLOWS: PARCEL 1: BEGINNING AT A POINT IN THE NORTH LINE OF LOT 2 OF SAID LAMBERT TRAILER COURT, AT A DISTANCE OF 1387.27 FEET WEST OF THE NORTHEAST' CORNER OF SAID LO"T 2; THENCE WES"1'ERLY ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 172.35 FEET TO A POINT 126.77 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 2; THENCE SOUTHERLY PARALLEL TO THE WEST LINE OF LOTS 2 AND 3 OF SAID PLAT, A DISTANCE OF 147.63 FEET TO A POINT IN THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 126.77 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT 3; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 113.06 FEET TO A POINT 75.09 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 3; THENCE NORTHERLY ALONG TIIE ARC OF A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 2836.93 FEET, A DISTANCE OF 206.85 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS. PARCEL 2: ALL OF LOTS 4 AND 5 AND THE WEST 126.77 FEb'T OF LOTS 2 AND 3, OF SAID LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL TWO: THE WEST 130.47 FEET OF TRACT 6, LAMBERT TRAII.ER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND THE EAST 40 FEET OF THE WEST 170.47 FEET OF TRACT 6, LAMBERT 1RAII.,ER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND ALSO: 'THE WEST 40 FEET OF THE EAST 400 FEET OF TRACT 6, LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL THREE: THE WEST 40 FEET OF THE EAST 120 FEET OF TRACT 6, LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THIIZEOF AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL FOUR: THE WEST 40 FEET OF THE EAST 360 FEET OF TRACT 6, LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL FIVE: ALL OF "PROFESSIONAL OFFICE PLAZA FOR ACQUILANO", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 44 AT PAGE 147 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS ALL LYING TN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAIN 8.191 ACRES, MORE OR LESS. EXHIBIT "B" EXHIBIT "C" _ _ -'~ 949A Glnt Moore Road S U R V E Y I N G& M A P P I N O Tel: (681) 241-.9888 Boce Raton, Florida 33487 CerNflmfe of Authorfzalion No. LB7284 _ Fex: (561) 241-5182 SKETCH AND LEGAL DESCRIPTION {N07 A SURVIEY) FRANKLIN AT DELRAY BEACH-RIGHT OF WAY ABANDONMENT LEGAL DESCRIPTION ALL OF THE SOUTH 18.00 FEET OF TRACT 5, "LAMBCRT TRAILER COUFcT", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH C0IJNTY, FLORIDA. TOGETHER WITH: THAT PORTION OF THE SOl1TH 18.00 FEET OF TRACTS 1 ANU 'L, "LAMBERT TRAILER COURT", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2~, PAGE 41, PUBLIC RECORDS nF PALM BEACH COUNTY, FLORIDA, FALLING WEST OF THE WEST RIGHT-OF-WAY LIfJE OF US HIGHWAY •1, AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 9301-20Ei, TOGETHER WITH THE SOUTFI 18.00 FCET OF TRACT 6, "LAMBERT TRAILER CvUR'f", ACCORDING TO 1 HE PLAT THEREOF, AS RFCC~RDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT THE SOUTH 18.00 FEET OF THE WEST 220.00 FEET OF THE EAST 320.00 OF SAID TRACT 6. SAID LANDS SITUATE IN THE CITY OF pELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAIN 0.620 ACRES, MORE OR LESS. NOTES 1. REPRODIJCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE 1N THE PREPARATION OF THIS SKETCH AND DESCRIPTION 3. BEARINGS SHOWN HEREON ",RRE BASED ON A GRID BEARING OF NOR7 H 00° O I'52" WEST, ALONG THE WEST LINE OF THE NORTH EAST ONE-QUARTER OF THE SOUTHWEST ONE-I~UARTER OF SECTION 21-46-43, ACCORDING TG PALM BEACH COUNTY t;ONTROL MONUMENTS, "DIXIE LAMATRA" AND "McCARTH'~" CERTIFICATION ABBREVIATIONS L - ARCLENGTH CONC. ~ CONCRETE COR, ~ CORNER U DELTA (CENTRAL ANGLEI D. E. DRAINAGE EASEMENT I.R. IRDN ROD I.R.C. - IRDN ROp AND CAP L.B. ~ LICENSED BUSINESS L.S. LICENSED SURV[YOR MON. MONUI+ENT O. R. B, OFFICIAL RECORDS BOOK P.O.B. POINT OF BEGINNING P.O.C. POINT OF C01.iMENCEMENT P. D. PLAT BOOK P. B. C. R. ~ PALM BEACH COUNTY RECORDS PG. PAGE P.S.M. PROFESS101~AL SURVEYOk B MAPPER R/W RIGHT-OF-WAv U.E. ~ UTILITY EASEMENT I HEREBY CERTIFY THAT THE SKETCH AND DESCRIP-PION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAI SAID SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO iIJE BE5T OF MY I:NOWLEDGE AND BEf_IEF AS PREPARED UNDER MY DIRECTION. JEFF S. HOUAPP SURVEYOR AND MAPPER FLORIDA LICENSE N0. LS5111 vroJeat r~ame~iRANKLIN AT BFI RAY BEACH R/W ABANDONMENT onTE~ 11/02/2010 roe uo. 08130 owc ay, JLH cK•o ny~ JSH )R L1) )R L1) ~ S£ ~ ~ 3 ~ ~ 6 / / ~ Ij ~ R•2836,93" L • 18.79' D•00' 22'35", R•2836.93' L•18.&3' ; v~o ~ o,~y~, R•2gf3'85'~ L•8)y923' vom ' -- JOB NO• 0913 Pro; act Norte A R f ptoG BY. JLH SCALES ~"=1 Q' R/W ABANDONMENT cr p Bv~ JSH DATES '1/02/2010 SHEET 2 OF 2