FIRST AMENDMENT TO ENCROACHMENT LICENSE AGREEMENT LWDD EQUALIZER CANAL NO. 3~112 ~2 LWDD PROJECT NO. 03~6932D.04
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5 EXHIBIT "1", Page 1 of 9 WILL CALL #166 RETURN TO: LAKE WORTH DRAINAGE DISTRICT S. MILITARY TRAIL DELRAY BEACH, FL PREPARED BY: MARK A. PERRY, P.A. 50 SE FOURTH A VENUE DELRAY BEACH, FL 3483 FIRST AMENDMENT TO ENCROACHMENT LICENSE AGREEMENT LWDD EQUALIZER CANAL NO. 3~112 ~2 LWDD PROJECT NO. 03~6932D.04 THIS FIRST AMENDMENT TO ENCROACHMENT LICENSE AGREEMENT is entered into this day of, 2014 ("FIRST AMENDMENT"), by and between LAKE WORTH DRAINAGE DISTRICT, a special taxing distdct of the State of Florida, whose mailing address is S. Military Trail, Delray Beach, Florida , hereinafter referred to as "LWDD", and CITY OF BOCA RATON, a Florida municipal corporation, whose mailing address is 201 West Palmetto Park Road, Boca Raton, Florida 33432, hereinafter referred to as "BOCA RATON". WHEREAS, LWDD and BOCA RATON entered into that ENCROACHMENT LICENSE AGREEMENT dated December 22, 2004, and recorded on December 28, 2004 in Official Record Book 17938, Page 652, of the Public Records of Palm Beach County, Florida, hereinafter referred to as "ORIGINAL AGREEMENT," which allowed BOCA RATON to locate a bike path under the Spanish River Boulevard bridge within LWDD's E-3 Y:!-2 Canal right-of-way for a distance of approximately ft., hereinafter referred to as "LICENSE AREA"; and WHEREAS, BOCA RATON has requested to relocate the bike path within the LICENSE AREA for a distance of 414 ft., hereinafter referred to as "REVISED LICENSE AREA", as described on Exhibit "A" attached hereto and made a part hereof; and E.08 Page 1 of5
6 EXHIBIT "1", Page 2 of 9 WILL CALL #166 WHEREAS, Florida Statute, Section allows governmental units to make the most efficient use of their powers by enabling them to cooperate with other governmental entities on a basis of mutual advantage; and WHEREAS, LWDD does not object to the relocation of the bike path within the REVISED LICENSE AREA, subject to the terms and conditions of the ORIGINAL AGREEMENT. NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable considerations, received by each party from the other, it is hereby agreed as follows: 1. That the above recitals are true and correct and incorporated herein by reference.. 2. LWDD AND BOCA RATON agree to the relocation of the bike path within the REVISED LICENSE AREA, as described on Exhibit «A" attached hereto and made a part hereof, subject to the terms and conditions of the ORIGINAL AGREEMENT. 3. All notices required or allowed by this agreement shall be delivered in person or mailed by Priority Mail- Flat Rate, postage prepaid, to the party upon whom such notice is to be given at the following addresses: LWDD: Copy to: CITY: Copy to: Lake Worth Drainage District S. Military Trail Delray Beach, FL Attn: Robert M. Brown, Executive Director Lake Worth Drainage District S. Military Trail Delray Beach, FL Attn: Mark A. Perry, General Counsel Daniel W. Grippo, P.E. Municipal Services Department City of Boca Raton 201 W. Palmetto Park Road Boca Raton, FL City Attorney's Office 201 W. Palmetto Park Road Boca Raton, FL Page 2 of E.08
7 EXHIBIT "1", Page 3 of 9 WILL CALL # BOCA RATON has previously paid the fee in accordance with paragraph #3 of the ORIGINAL AGREEMENT, and no further fee is required for the REVISED LICENSE AREA. 5. Except to the extent not modified or amended herein, all terms and conditions of the ORIGINAL AGREEMENT shall remain in full force and effect. 6. This Amendment to Encroachment License Agreement shall become effective upon adoption by the respective governing bodies oflwdd and BOCA RATON and recordation in Palm Beach County. IN WITNESS WHEREOF, the parties have hereunto executed this Amendment to Encroachment License Agreement the day and year first above written. WITNESSES: LAKE WORTH DRAINAGE DISTRICT, a special taxing district Approved as to Form and Legal Sufficiency By: Harry Raucher, President Mark A. Perry General Counsel [Corporate Seal] Attest: Robert M. Brown, Secretary S. Military Trail Delray Beach, FL Page 3 o E.08
8 EXHIBIT "1", Page 4 of 9 WILL CALL #166 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared HARRY MUCHER and ROBERT M. BROWN, the President and Secretary respectively, of the LAKE WORTH DRAINAGE DISTRICT, known to me, and who did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this the day of, Notary Public Notary Stamp or Seal Page 4 of E.08
9 EXHIBIT "1", Page 5 of 9 WILL CALL #166 WITNESSES: CITY OF BOCA RATON, a Florida Municipal Corporation Approved as to Form and Legal Sufficiency By: , Mayor Diana Grub Frieser City Attorney Attest: City Clerk Printed Name 201 W. Palmetto Park Road Boca Raton, FL 3432 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared and, the Mayor and City Clerk, l'espectively, of the CITY OF BOCA RATON, known to me, and who did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this the _ day of, Notary Public Notary Stamp or Seal Page 5 of E.08
10 EXHIBIT "1", Page 6 of 9 LEGAL DESCRIPTION: SKETCH AND DESCHIPTION EXHIBIT II A II AN EIGHT (8} FOOT WIDE STRIP OF LAND, l VING IN A PORTION OF THE LAl<E WORTH DRAINAGE DISTRICT E-3 i -2 CANAL RIGHT or. WAY, AS PER OFFICIAL RECORD BOOK 1053, PAGE 285 OF THE PUBI.IC RECORDS OF PALI\Ili3EACH COUNTY, FlORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:. COMMENCE AT'i'liE INTERSECTION OF THE NORTH HIGHT OF WAY LINE OF NW l!oth STREET, ALSO KNOWN AS SPANISH RIVER BOULEVARD AND THE NORTHWESTERLY RIGHT OF WAY LINE OFTHE 70 FOOT lwdd E3 11 CANAL AS PER O.R.B.1053, PG. 285 AND AS SHOWN IN "BOCA TECHNOLOGY CENTER PLAT 1 ACCORDING TO THE PLAT THEREOF AS RECOHDED IN PLAT BOOK 96 PAGE 173 OF THE PUBLIC RECORDS 01: PALM BEACH COUNTY FLORIDA, THENCE FROM THE AFOREMENTIONED POINT, RlJN N44.17'56"E ALONG THE AFOREMENTIONED NORTHWESTERLY RIGHT OF WAY LINE OF THE 70 FOOT LWDD E-3 }f- 2 CANAL FOR A DISTANCE OF FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL OF LAND; THENCE S '14"E FOR A DISTANCE OF 0.90 FEET TO POINT; TI-IENCI: RUN S43.48'49"W FOR A DISTANCE Or FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHEASTERLY ;THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF FEET SUBTENDED BY A CHORD DISTANCE 01:71.12 FEET AT A BEARING S35 34'10"W AND A CENTRAL Of-16.29'35" FOR AAN ARC DISTANCE OF71.97 FEET TO THE END OF SAID CURVE AND A POINT OF REVERSE CURVATURE CONCAVE NORniWESTERLY; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO RIG!-11' HAVING A RADIUS OF FEET SUBTENDED BY A CHORD DlSTAr\!CE OF FEET AT A BEARJNG OF S35"48'35"W AND A CENTRAL ANGLE OF 16 58'43" f-or AN ARC DISTANCE Of 91.8() TO THE END OF SAID CURVE; THENCE RUN S44.17'56"W FOR A DISTANCE 01: FEET AND TO A POINT ON A CIRCULAR CURVE CONCAVE NORTHWESTERLY THENCE RUN SOUTHWESTERLY AlONG THE AnC OF SAID CURVE TO TI-lE LEFT HAVING A ltadjus OF : FEET SUBTENDW BY A CI-IORD DISTANCE OF AT A BEARING OF S58.24"04"W AND A CENTRAL ANGLE OF '16", FOR AN ARC DISTANCE 01: FEET TO THE END OF SAID CURVEj THENCE RUN S72.30'12"W FOR A DISTANCE OF FEET TOA POINT OF INTERSECTION OF THE NORTI-IWESTERLY RIGHT OF WAY LINE OFTNE 70 FOOT LWDD E-3 :Yz- 2 CANAL; THENCE RUN N44.17'56"E ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE OFTI IE 70 FOOT LWDD E?.1/2 CANAL FOR A DISTANCE 01: FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHWESTERLY; THENCE NORTI IEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS DISTANCE OF , SUBTF.NTED BY A CHORD DISTANCf: OF AT A BEAHING OF 1\158.10'25"1: TliROUGl-1 A CENTRAL ANGLE OF 27"45'02" f-or AN ARC DISTANCE OF 'EETTO THE END OF SAID CURVE; THENCE RUN N44"17'56"E FOR A DISTANCE OF FEET TO A POINT ON A CIRCULAR. CURVE CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY AlONG Tt-H! ARC OF SAID CURVE TO THE left HAVING A RADIUS OF 302JJO FEET SUBTENDED BY A CHORD DISTANCE OF FEET AT A BEARING OF N35"48'36"E AND A CENTRAL ANGLE OF 16"58'43", f-or AN ARC DISTANCE OF f-eet TO END OF SAID CURVE AND A POINT OF REVERSE CURVATURE CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERL V ALONG nil! ARC OF SAID CURVE TO THE RIGiiT HAVING A RADIUS OF FEET SUBTENDED BY A CHORD DISTANCE OF FEET AT A BEARING N29"09'26"E AND A CENTRAL ANGLE OF 3"40'23"FOR AN ARC DISTANCE OF FEET TO THE END OF SAID CURVE, SAID POINT BEING ON THE NORTHWESTERLY RIGHT OF WAY OF SAIIJ 70' lwdd E 3 Y. 2 CANAL; TI-IENCE RUN N44 17'56"E ALONG SAID NOR1!1WESTERLY RIGHT OF WAY line FOI1 A DISTANCE Qi!! :EET TO THE POINT OF BEGINNING: CONTAINING 2,890 SQUARE t:eet OR 0.07 ACRES. GENEft<\l NOTES: - TI-IIS IS NOT A BOUNDARY SURVEY - Repmductions of this map are not valid without the signature and original raised se&l of the Florida Licensed Surveyor and Mapper in responsible charge. - Bearings refer to tne Northwesterly Right-of-Way line of 70' l.w.d.d. E-3 1/2 Canal, Witt1 a assumed bearing of f\.144" 11'56"E - Additions and/or deletions to survey maps, skr:'!tches or n~ports by any party other than the signing party are pwhibited without the written consei1t?f j:he.?igning party. \ _,,~: ( ' i \ i This document consists of four (4) sheets and shetl not be considered full, valid, and compleb~ unloss Gach shbet is attached to the othhr. W30:> N.W. 41St. Miami, Fl : SKETCH TO ACCOf<lPANY U~G/U. DESCFtiPTlON flauv1 BEACH COUHTY m: 1\LEMJ\N itnd A550CI/fi'ES, Inc. LC.r/5785 SHEET 1 Ol' 4
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