Res. No. 182-24RESOLUTION NO.182-24
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH,FLORIDA,APPROVING A SIGNAL EASEMENT IN FAVOR OF
PALM BEACH COUNTY,AS MORE PARTICULARLY DESCRIBED HEREIN;
AUTHORIZING THE MAYOR TO EXECUTE THE SIGNAL EASEMENT AND
ANY OTHER DOCUMENTS REQUIRED TO EFFECTUATE THE
CONVEY ANCE;PROVIDING AN EFFECTIVE DA TE AND FOR OTHER
PURPOSES.
WHEREAS,the City of Delray Beach.Florida "City")owns the parcel of land located at 651 W.
Linton Boulevard,Delray Beach,Florida ("Property");and
WHEREAS.Palm Beach County ("County ")owns the right-of-way abutting the Property;and
WHEREAS,the City is currently constructing a new fire station ("Project")at the Property;and
WHEREAS,the Project includes the construction of a new mast arm and signalization for Linton
Boulevard that will be maintained by the County;and
WHEREAS,the County requires the City to convey a 20-foot by 7.98-foot easement for the
signalization equipment to be placed on the Property (Easement),as more particularly described in Exhibit
"A";and
WHEREAS,pursuant to Chapter 36 of the City of Delray Beach Code of Ordinances,the City
Commission may convey any property that the City owns and possess that is not needed for municipal
purposes,after a public hearing is held;and
WHEREAS,the requested conveyance of the Easement was presented to the City Commission at a
public hearing on September I 6,2026;and
WHEREAS,it is in the best interest of the City of Delray Beach,Florida,to convey the Easement to
the County.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section I.The foregoing recitals are hereby affirmed and ratified.
Section 2.The City Commission finds the Easement described in Exhibit "A",attached hereto
and incorporated herein,is not needed for municipal purposes.
Section 3.The City Commission of the City of Delray Beach,Florida,as Grantor,hereby
approves the conveyance of the Easement,as described in Exhibit "A"to Palm Beach County,as Grantee,
for other good and valuable consideration,the sufficiency of which is hereby acknowledged by the parties.
Section 4.The City Commission approves the Signal Easement between the City of Delray
Beach.Florida and Palm Beach County.attached hereto and incorporated herein as Exhibit "B".
Section 5.The Mayor is authorized to execute the Signal Easement,and any other documents
required to effectuate the conveyance.
Section 6.This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED in regular session on the /f day or /ob4__.2024.
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RES.NO.182-24
CITY OF DEL RA Y BEACH
OFFICE OF THE CITY CLERK
100 N.W.1 AVENUE •DELRAY BEACH •FLORIDA 33444 •(561)243-7050
CERTIFICATION
Delray Beach
Floridabr1AIEAmericaCity
1993-2001·2017
I,Alexis Givings,Deputy City Clerk of the City of Delray Beach,do hereby certify
that the attached document is a true and correct copy of Resolution No.182-24,as the
same was passed and adopted by the Delray Beach City Commission in regular session
on the 16h day of September 2024.
IN WITNESS WHEREOF,I have hereunto set my hand and the official seal of
the City of Delray Beach,Florida,on this the 18h day of September 2024.
Alexis Gi vings
Deputy City Clerk
City of Delray Beach,Florida
SKETCH & DESCRIPTION TRAFFIC CONTROL EASEMENT
SECTION 20. TOWNSHIP 46 SOUTH, RANGE 43 EAST
LAND DESCRIPTION:
A portion of Lot 8, SUBDIVISION OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, according to the
Plat thereof, as recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida;
being described as follows:
Commence at the Southeast corner of said Lot 8; thence S89"38'18"W, along the South line of said Lot
8, a distance of 827.68 feet to the East line of the East 150 feet of the West 499 feet of said Lot 8;
thence N00"00'31 "W, 53.00 feet to the North right-of-way line of Linton Boulevard; thence S89"38'17"W,
along said right-of-way line, 61.00 feet; thence Noo·oo'oo"E, 7.00 feet to the Point of Beginning; thence
·continue NOO"OO'OO"E, 7.48 feet; thence S89"38'17"W, 20.00 feet; thence soo·oo'oo"W, 7.48 feet; thence
N89"38'17"E, 20.00 feet to the Point of Beginning.
Said lands lying in the City of Delray Beach, Palm Beach County, Florida and containing 150 square feet
(0.0034 acres), more or less.
CERTIFICATION:
I HEREBY CERTIFY that the attached Boundary Survey of the hereon described property is true and correct
to the best of my knowledge and belief as surveyed in the field under my direction. I FURTHER CERTIFY
that this Boundary Survey meets the Standards of Practice set forth in Chapter 5J-17, Florida
Administrative Code, pursuant to Chapter 472, Florida Statutes.
Date:
NOT VALID WITHOUT
SHEETS 1 THRU 3
REVISIONS
REVISE 04/10/2024
REVISED PER COMMENTS W.R.E. 05/10/2024
REVISED PER COMMENTS W.R.E. 08/13/2024
JOHN T. DOOGAN, P.L.S.
Florida Registration No. 4409
AVIROM & ASSOCIATES, INC.
L.B. No. 3300
A VIROM & ASSOC/A TES, INC.
SURVEYING & MAPPING
50 S. W 2nd AVENUE, SUITE 102
BOCA RA TON, FLORIDA 33432
(561) 392-2594 I www.AVIROMSURVEY.com
JOB#:
SCALE:
DATE:
BY:
CHECKED:
8593-7_TE
02/02/2024
W.R.E.
J.T.D.
@2024 AV/ROM & ASSOCIATES, INC. all rights reserved. F.B. -PG. This sketch is the property of AV/ROM & ASSOCIATES, INC. and should not be reproduced or copied without written permission. SHEET: 1 OF 3
EXHIBIT "A" - RES. NO. 182-24
Page 1 of 3
Return via Palm Beach County interoffice mail to:
Mark Hagen, Right-of-Way Specialist
Palm Beach County, Engineering & Public Works Department
Roadway Production Division
2300 North Jog Road, 3rd Floor West
West Palm Beach, Florida 33411-2750
This Instrument Prepared by:
Yelizaveta B. Herman, Assistant County Attorney
Palm Beach County Attorney’s Office
Post Office Box 21229
West Palm Beach, Florida 33416-1229
Property Control Number: Portion of 12-43-46-20-01-008-0030
NOT TO BE RECORDED WITHOUT BOARD OF COUNTY COMMISSIONERS ACCEPTANCE DATE
SPACE ABOVE THIS LINE FOR PROCESSING DATA
PROJECT NO.: 1003074
ROAD NAME: Linton Boulevard
PARCEL NO.: 7.48’x20’ Traffic Control Easement
SIGNAL EASEMENT
THIS SIGNAL EASEMENT (“Easement”) is made this _____ day of , 20____, by
the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation, whose post office address is
100 N.W. 1st Avenue, Delray Beach, Florida 33444-2612, (“Grantor”), to PALM BEACH COUNTY, a political
subdivision of the State of Florida, by and through its Board of County Commissioners, whose post office address
is Post Office Box 21229, West Palm Beach, Florida 33416-1229, (“Grantee”).
WITNESSETH: That Grantor, for and in consideration of the sum of ONE ($1.00) dollar and other valuable
consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, and conveys unto Grantee,
its successors and assigns, upon the conditions set forth herein, for the purpose of a perpetual signal easement
over, upon, under, through and across the following described property located in Palm Beach County, Florida:
Property more particularly described in Exhibit "A" attached hereto and made a part hereof (“Easement
Premises”).
This Easement shall be used to permanently construct, install, operate, and maintain (collectively “Perform
Work”) with regard to roadway facilities and related facilities in the Easement Premises (collectively “Facilities”).
Facilities shall include traffic control devices and foundations. The Easement includes the right at any time to
install, bore, alter, improve, enlarge, add to, change the nature or physical characteristics of, replace, remove, or
relocate the Facilities or perform any other activities related to the Facilities.
EXHIBIT "B" - RES. NO. 182-24
Page 2 of 3
This Easement shall be non-exclusive, provided, however, that Grantor, its successors and assigns, shall be
permanently prohibited from hindering, obstructing, removing or interfering with the operation, functioning,
maintenance, or repair of any of the Facilities.
To the extent that Grantor, its successors and assigns, hinder, obstruct, remove or interfere with the operation,
functioning, maintenance, or repair of any of the Facilities, (collectively “Interference”), Grantor, its successors
and assigns shall be liable for any and all expenses and damages related to the Interference.
Grantee, its agents, successors and assigns, shall have the right, but not the obligation, to Perform Work on the
Facilities and/or to remove and use any or all of the soil and/or subsoil within the Easement Premises.
Any amendment or modification to this Easement shall be effective if the same is in writing, signed, and recorded
in the public records of Palm Beach County.
TO HAVE AND TO HOLD THE SAME unto Grantee, its successors and assigns forever.
Remainder of page intentionally left blank.
Page 3 of 3
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the date first above written.
Signed, sealed and delivered in the presence of:
Grantor:
(Signature of two witnesses
required by Florida law) CITY OF DELRAY BEACH, FLORIDA,
a Florida municipal corporation
Witness Signature (Required) By:
Thomas F. Carney, Jr., Mayor
Witness Name Printed or Typed
Address: ATTEST:
Katerri Johnson, City Clerk
Witness Signature (Required)
Approved as to form:
Witness Name Printed or Typed
Address:
Lynn Gelin, City Attorney
STATE OF_________________________________
COUNTY OF_______________________________
Before me personally appeared Thomas F. Carney, Jr., who is (choose one) □ personally known to me, or □ has
produced as identification, and who executed the foregoing instrument
as Mayor of the City of Delray Beach, a Florida municipal corporation, and severally acknowledged to and before
me by means of (choose one) □ physical presence or □ online notarization, that they executed such instrument
as such officer of said corporation, and that said instrument is the free act and deed of said corporation.
Witness my hand and official seal this day of , 20____.
________________________________
Notary Signature
Notary Public, State of ______________
(Stamp/Seal)
________________________________
Print Notary Name
Commission Number
My Commission Expires: ____________
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