R24-252 1 RESOLUTION NO. R24-252
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A DRAINAGE EASEMENT AGREEMENT
5 FOR 735 SHORE DRIVE, BOYNTON BEACH, FLORIDA, WITH RICK A.
6 SHEFFIELD, FOR THE CONSTRUCTION OF A 10-FEET UTILITY
7 EASEMENT FOR A NEW 24-INCH OUTFALL AS PART OF THE COQUINA
8 COVE NEIGHBORHOOD IMPROVEMENT PROJECT; AND FOR ALL
9 OTHER PURPOSES.
10
11 WHEREAS, Boynton Beach Utilities is utilizing the General Consulting Services Contract
12 (RFQ No. 046-2821-17/TP) to support implementing the Utilities Capital Improvement Projects.
13 AECOM will provide data collection, stormwater modeling, water main and sanitary sewer
14 upgrades, construction plans and specifications, permitting assistance, bid phase services, public
15 engagement, and limited support services during construction for the Coquina Cove Stormwater,
16 Water Main, and Sanitary Sewer improvements; and
17 WHEREAS, the Coquina Cove project design requires an additional stormwater outfall on
18 Shore Drive in an effort to mitigate flooding. On September 24, 2024, the Utilities Department
19 received both 735 Shore Drive and 801 Shore Drive easement agreements signed by each owner.
20 Utilities negotiated 5 feet from each property, for a total of 10 feet U.E between 735-801 Shore
21 Drive for the installation of a new 24-inch drainage pipe and outfall; and
22 WHEREAS, now that the City has the signed easement agreement by each owner, AECOM
23 can move forward with the final design, incorporating the new outfall into the project plans and
24 model for a full project implementation at once; and
25 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
26 best interests of the city's citizens and residents to approve a drainage Easement Agreement for
27 735 Shore Drive, Boynton Beach, Florida, with Rick A. Sheffield, for the construction of a 10-foot
28 Utility Easement for a new 24-inch outfall as part of the Coquina Cove neighborhood
29 improvement project.
30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
31 BEACH, FLORIDA, THAT:
32 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
33 being true and correct and are hereby made a specific part of this Resolution upon adoption.
34 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
35 approve a drainage Easement Agreement for 735 Shore Drive, Boynton Beach, Florida, with Rick
36 A. Sheffield, for the construction of a 10-foot Utility Easement for a new 24-inch outfall as part of
37 the Coquina Cove neighborhood improvement project (the "Easement Agreement"), in form and
38 substance similar to that attached as "Exhibit A."
39 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
40 authorizes the Mayor to execute the Easement Agreement and any ancillary documents required
41 under the Easement Agreement or necessary to accomplish the purposes of the Easement
42 Agreement and this Resolution.
43 SECTION 4. Upon execution of the Easement Agreement by the City, the City Clerk shall
44 record the Easement Agreement in the Public Records of Palm Beach County. The City Clerk shall
45 provide a copy of the recorded Easement Agreement to Eduardo Garcia.
46 SECTION 5. This Resolution shall take effect in accordance with law.
47 [signatures on the following page]
48
49 PASSED AND ADOPTED this /541 day of 9&-Dbe1 2024.
50 CITY OF BOYNTON BEACH, FLORIDA
51 YES NO
52 Mayor-Ty Penserga
53 1.-----
54
./54 Vice Mayor-Aimee Kelley
55
c -
56 Commissioner-Angela Cruz
57
58 Commissioner-Woodrow L. Hay c./
59
60 Commissioner-Thomas Turkin - }- O
LIOLLS
61 (4-(D
62 VOTE
63 ATTEST:
64 ' ;.'I t 2
65 1.��� i _ , _ l ?.o Y
66 Maylee De J=sus 4 'A, MMC serga
67 City Clerk .yor
68
69 <z)--0NTON 6 V\ APPROVED AS TO FORM:
770 (Corporate Seal) %;ol�o�e0RA g, •. -.7 ►�
AL Sim, j j '7
72 % ~' ,,,_11
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73 ,. 1Nc1920 . I Shawna G. Lamb
74 ttk •...... . P City Attorney
%`\, FLOW
THIS INSTRUMENT PREPARED BY:
Stacey R.Weinger,Esq. ::{
City of Boynton Beach
100 E.Ocean Ave.
Boynton Beach,FL 33435
DRAINAGE EASEMENT AGREEMENT
(735 Shore Drive)
TIMS DRAINAGE EASEMENT AGREEMENT (the "Agreement") is made this day of
30142 r 2 2024,by and between Rick A. Sheffield, having an address at 735 Shore Drive,
Boynton Beach,FL 33435 (hereinafter referred to as the"GRANTOR"),and CITY OF BOYNTON
BEACH, a Florida municipal corporation, having an address at 100 E. Ocean Avenue, Boynton
Beach,FL 33435(hereinafter referred to as the"GRANTEE").
RECITALS: .
1. GRANTOR owns fee simple title to certain real property located in Palm Beach
County,Florida, as more particularly described in Exhibit"A"attached hereto and by this reference
made a part hereof(the"Sheffield Property").
2. GRANTEE operates stormwater drainage facilities throughout the City of Boynton
Beach and desires to utilize a portion of GRANTOR's property for the purpose of installing a drainage
pipe and appurtenant drainage facilities within the easement granted by GRANTOR.
3. GRANTOR desires to grant certain easement rights in the Property to GRANTEE in
conjunction therewith for drainage purposes as well as ingress and egress in, over, under,upon, and
through the Property for the purpose of maintaining,repairing,and replacing the drainage, subject to
the terms and conditions hereinafter set forth.
NOW,THEREFORE, for and in consideration of the premises and the sum of TEN AND
NO/100 DOLLARS ($10.00)and other good and valuable consideration,the receipt and sufficiency
of which is hereby acknowledged,the parties hereto do hereby agree as follows:
1. Recitals.The parties acknowledge that the foregoing recitals are true and correct and
hereby incorporated into this Agreement as if fully set forth herein.
2. Grant of Drainage Easement. GRANTOR does hereby grant and convey to the
GRANTEE,a perpetual drainage easement(the"Drainage Easement") for the purpose of installing,
operating,and maintaining a drainage pipe and appurtenant drainage facilities over,under,and across
such areas of the Sheffield Property as more particularly described in Exhibit"B"attached hereto and
by this reference made a part hereof.
3. Construction and Ingress and Egress Easement. GRANTOR does hereby grant
and convey to the GRANTEE a perpetual easement for ingress, egress, regress, construction, repair,
and maintenance of the drainage pipe and appurtenant drainage facilities contained within the
Drainage Easement. All actions taken by GRANTEE shall be coordinated with GRANTOR so as to
minimize any disruption to the Sheffield Property.
4. Installation and Maintenance of Facilities.All pipes,drains,and other facilities for
which the Drainage Easement have been created shall be initially constructed and thereafter
maintained by GRANTEE. GRANTEE agrees, at its sole cost and expense,to maintain, repair, and
replace all drainage equipment and facilities located within the Drainage Easement.
a) Upon completion of the construction of the drainage pipe and appurtenances,
GRANTEE shall provide GRANTOR an as-built drawing certified by the
Registered Land Surveyor or Engineer of Record of all improvements within
the Drainage Easement and adjacent areas disturbed and restored due to the
construction activities. GRANTEE shall also provide to GRANTOR the
Engineer of Record's Certification of Completion.
b) GRANTEE agrees,at its sole expense,to repair and/or replace all portions of
the primary structure, any sanitary sewer lines,water lines, landscaping, sod
removed or damaged during the construction, reconstruction, operation, and
maintenance of the drainage pipe and the appurtenant drainage facilities
installed within the Drainage Easement.
c) The GRANTEE shall perform routine quarterly inspections of the
improvements installed within the Drainage Easement and shall clean the
catch basin on a regular basis.
d) GRANTEE is responsible for the removal of any sand and/or silt and any
dredging that may be required due to the addition of sand and/or silt to the
canal from the drainage pipe.GRANTOR is not responsible for any silt and/or
sand that is deposited into the canal from the GRANTEE'S drainage pipe.
In the event of damage or destruction of the Sheffield Property, including the Drainage Easement
area,GRANTEE,wherein such damage or destruction lies,shall promptly repair and restore the area
to a condition substantially similar to that immediately prior to such damage or destruction.Said repair
and restoration shall be at the sole expense of GRANTEE obligated hereunder to perform the same.
In the event that Grantee fails or refuses to so repair or restore the said damage or destruction,within
a reasonable period of time under the circumstances, the Grantor may perform said repair or
restoration at the expense of Grantee.
5. Improvements and Restoration. Except as provided herein, GRANTOR and its
successors and assigns agree not to build,construct,or create,or permit others to build,construct,or
2
create any buildings on the Sheffield Property that may interfere with the maintenance,repair,and/or
replacement of the Drainage Easement, and/or any rights of excavation and ingress and egress set
forth herein.
a) Following the installation of the drainage facilities by the GRANTEE, the
GRANTOR shall be permitted to construct, maintain, repair, install, and
rebuild air conditioner units, aboveground pool equipment, and other
appurtenances on the Sheffield Property in accordance with Article V,Section
3,of the City's Code of Ordinances, as amended;provided that,the drainage
pipe and appurtenant drainage facilities are not disrupted or diminished at any
time.
b) GRANTOR shall be permitted to install a fence or retaining wall,within the
Sheffield Property's side yard lot line located within the Drainage Easement.
The fence shall be'constructed in a manner that does not interfere with the
drainage pipe and appurtenant drainage facilities, in accordance with Part III,
Chapter 3, Article V, "Supplemental Regulations," of the City of Boynton
Beach Code of Ordinances,as may be amended from time to time, subject to
the approval of the City's Planning and Zoning Department and Building
Department.
c) In the event the fence or retaining wall must be temporarily removed due to
the repair, reconstruction, or maintenance of the drainage pipe and
appurtenances,the GRANTEE shall,at its sole cost and expense,re-install the
fence or retaining wall using identical materials available,or replace in-kind,
in accordance with the City's Code of Ordinances, and the Florida Building
Code.
d) GRANTOR shall be permitted work in the Drainage Easement at a depth up
to 36"from existing grade.
6. Indemnification. To the extent permitted by law, and subject to the provisions of
Section 768.28,Fla. Stat.,as may be amended from time to time,the GRANTEE agrees to indemnify
and hold the GRANTOR harmless from any damage, claim, or injury caused by the actions of the
GRANTOR, its officials,representatives,and contractors,to the primary structure or the property as
a result of the construction, installation, maintenance, and repair of the drainage pipe and
appurtenances located within the Drainage Easement. If GRANTEE is required to indemnify
GRANTOR under this Agreement, the limitations on tort liability under Section 768.28, Florida
Statutes, shall be the applicable limitations for GRANTEE's indemnification obligations under this
Agreement, regardless of the nature or basis of the claim asserted. Except to the extent sovereign
immunity may be deemed waived by entering into this Agreement,nothing herein is intended to serve
as a waiver of sovereign immunity by GRANTEE, nor shall anything included herein be construed
3
as consent by GRANTEE to be sued by third parties in any matter arising out of this Agreement.
7. Covenants Running with the Land.All of the covenants and easements herein will
be perpetual and will constitute covenants running with the title to the Sheffield Property, will be
binding upon any and all persons and entities,their respective successor in or interesting,and to all or
a portion of the Sheffield Property. Benefits deriving there from will inure to all persons and entities,
their respective successor in interest, tenants, licensees, assigns, heirs, and personal representatives
having or hereafter acquiring any right,title,or interest in all or any portion of the Sheffield Property.
8 Miscellaneous. This Easement shall be construed under the laws of the State of
Florida. Grantor may, at Grantor's cost and expense, record this Easement and any amendments
hereto in the Public Records of Palm Beach County, Florida. This Easement may only be modified,
supplemented, or revised in writing signed by the parties, or their successors or assigns, and any
modification shall be effective only upon recordation in the Public Records of Palm Beach County,
Florida.
(Signatures on following page)
4
IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed by
its duly authorized officer or representative as of the day and year first above written.
WITNESSES: GRANTOR:
B
• 32t,:s0
NMI
Print Name.'WL ,, k A. Sheffield
Address: 271-k o -took
Ufa, ,, d4 33 $3-
STATE OF FLORIDA )
)SS
COUNTY OF PALM BEACH )
The foregoing instrument was ackno led ed before me by means of❑ physical presence or
❑ online notarization, this 1 . day of , 2024 by RICK A. SHEFFIELD who
is personally known to me or w o has produced (type of identification)
as identification.
IAi.-
"Pc Notary Public State of Florida 4106111111&
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Vivian ib
arra
My Commission HH 072838 NO1_i 7"
74-an Expires 120612024
Print ame: A
My Commission Expires: (9116q
5
ATTEST: GRANTEE
CITY OF BOYNTON BEACH, FLORIDA, a
Florida municipal corporation
B • ALA, /_o SI I By: ,OPP
Maylee D: e �,. MMC, Ci lerk - ' erga, Mayor
Approved as to form and legal sufficiency: .....-„O" NTOA/��
I�. S ,
By: &11)4 /4091.6 .6 INCORPORATED) $
Shawna G. Lamb, City Attorney '�'4
1920 .:
1%% FLORVC)
STATE OF FLORIDA )
)SS
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me by means of physical presence or
o online notarization,this i 10 day of Qc.&O 2t- , 2024 by TY PENSERGA as Mayor
of the City of Boynton Beach, who is personally known to me he piudu.,cd (type of
identification) iac_`:f_ati__
GLS/. i'.. AlP IY`Q
NOTARY P ':LIC TammyStanzione
Print Name:
My Commission Expires: .a""►"H11�y�""'�.,,
NOTa4rpG�NLo�
MYC c$.
Ai
6
EXHIBIT "A"
RICK A. SHEFFIELD PROPERTY
Certain real property located in Palm Beach County, Florida more particularly described as
follows:
Property Address: 735 Shore Drive, Boynton Beach, Florida
Property Control Number: 08-43-45-22-06-000-0400
LOT 40,COQUINA COVE ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 24,
PAGE 14, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; SAID LAND SITUATE, LYING AND BEING IN PALM BEACH COUNTY,
FLORIDA.
7
EXHIBIT A
DESCRIPTION OF 5' DRAINAGE EASEMENT
The East 5 feet of lot 40,Plat of Coquina Cove,according to the Plat thereof,as recorded in Plat Book 24,Page 14,
of the Public Records of Palm Beach County,Florida.
Containing 562 square feet,more or less.
SURVEYOR'S NOTES:
1.THE BEARINGS AND COORDINATES SHOWN HEREON ARE RELATIVE TO FLORIDA STATE PLANE COORDINATE SYSTEM,NORTH AMERICAN
DATUM OF 1983,ADJUSTMENT OF 2011 (NAD8312011).
THE BASIS OF BEARINGS IS SOUTH 89°55'53"EAST RELATIVE TO THE CENTERLINE OF SHORE DRIVE.
2.THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1"=20'OR SMALLER.
3.ADDITIONS OR DELETIONS TO THIS SKETCH BY ANYONE OTHER THAN THE SIGNING PARTY ARE PROHIBITED WITHOUT THE WRITTEN CONSENT
OF THE THE SIGNING PARTY.
4.UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER,THIS DRAWING,SKETCH,
MAP OR PLAT IS NOT VALID AND FOR INFORMATIONAL PURPOSES ONLY.
5.THERE MAY BE ADDITIONAL EASEMENTS AND/OR RESTRICTIONS NOT SHOWN HEREON THAT BENIFIT OR ENCUMBER THE LAND SHOWN
HEREON.
6.NEITHER THE SKETCH NOR THE DESCRIPTION ARE COMPLETE WITHOUT THE OTHER.
7.THIS IS NOT A SURVEY.
CERTIFICATE OF SURVEYOR:
I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION WERE MADE UNDER MY RESPONSIBLE CHARGE AND MEETS THE APPLICABLE
MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS IN CHAPTER 5J-17,FLORIDA
ADMINISTRATIVE CODE,PURSUANT TO SECTION 472.027,FLORIDA STATE STATUTES.
Whidden Surveying & Mapping, Inc.
'S`°""R°w 9200 Belvedere Road, Ste 114
THOMAS E.WHIDDEN =•� 5` "gym:.�=
PROFESSIONAL SURVEYOR AND MAPPER �' P;�' Royal Palm Beach, FL 33411
STATE OF ; Phone: 561.790.5515
FLORIDA CERTIFICATION NUMBER 6225
• Fax: 561.790.6557:;,, P
www.whiddensurveying.corn
4t,- Licensed Buisness No. 7232
5' DRAINAGE EASEMENT
735 Shore Drive DRAWN CHECKED DATE SCALE DRAWING NUMBER SHEET
Boynton Beach, FL 33435-2849 TMW CJL 30JUL24 1"=20' 24-0439 1 OF 2
I 1 1 1
90'R/W
N:803126.67
E:965435.61 CANAL
— 75.00' — P.B. 24, PAGE 14)
I` N89°55'53"W 1
S89'55'53'E -, 15' BUILDING LINE
500' I (P.B. 24, PAGE 14)
-I !--
LOT 40
COQUINA COVE 5.011 F LOT 41
(PLAT BOOK 24, PAGE 14) COQUINA COVE
(PLAT BOOK 24,
PAGE 14)
EAST UNE OF LOT 40 WEST LINE OF LOT 41
A
ao
N
G LS00*04'07'W
H 5' DRAINAGE EASEMENT 11240'
562 SO. FT. 110
EAST 5'OF LOT 40
N00'04'07'E
11240'
25' BUILDING LINE
, ,53'W N (P.B. 24, PAGE 14)
500'
J — _ N89°55'53"W 1 — — —
`_ T 75.00' —
N:803014.27
E:965435.48
N N
(BEARING BASIS)
I S89°55'53"E v € SHORE DRIVE
612.60' (50'R/W) -
TO POINT OF CURVE
20 40
LEGEND
=CENTERLINE SCALE IN FEET
RIW =RIGHT OF WAY
P.B. =PLAT BOOK Whidden Surveying & Mapping, Inc.
PG =PAGE 9200 Belvedere Road, Ste 114
O.R.B. =OFFICIAL RECORD BOOK OF PALM Royal Palm Beach, FL 33411
BEACH COUNTY Phone: 561.790.5515
Fax: 561.790.6557
E 5000 °STATE PLANE COORDINATES _./
www.whiddensurveying.com
74111.
Licensed Buisness No. 7232
5' DRAINAGE EASEMENT
735 Shore Drive DRAWN CHECKED DATE SCALE DRAWING NUMBER SHEET
Boynton Beach, FL 33435-2849 TMW CJL 30Ju124 1"=20' 24-0439 2 OF 2
EXHIBIT "B"
LEGAL DESCRIPTION OF DRAINAGE EASEMENT
Certain real property located in Palm Beach County, Florida more particularly described as
follows:
THE EAST 5 FEET OF LOT 40,PLAT OF COQUINA COVE,ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 24, PAGE 14, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY,FLORIDA. CONTAINING 562 SQUARE FEET,MORE OR
LESS.
8