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R25-294 RESOLUTION NO. R25-294 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING THE UTILITY EASEMENT BETWEEN 3 RIDGEPOINT WOODS ASSOCIATION INC., AND THE CITY OF 4 BOYNTON BEACH, AND THE CONSENT TO EASEMENT BETWEEN HIGH 5 POINT BOULEVARD ASSOCIATION INC., AND THE CITY OF BOYNTON 6 BEACH FOR A FORCE MAIN EXTENSION PROJECT; AND FOR ALL 7 OTHER PURPOSES. 8 9 10 WHEREAS, the City of Boynton Beach (the "City") proposes to install, operate, and l 1 maintain a 10-inch and 12-inch sanitary sewer force main extension serving Lift Station Nos. 410 12 and 414 (the "Force Main Facilities"). The project requires a utility easement from RidgePointe 13 Woods Association Inc., and a consent to easement from High Point Boulevard Association Inc., 14 for a portion of the proposed force main located within existing ingress/egress rights (the 15 Highpoint Easement) for access to and from the High Point Property and High Point's community 16 entrance; and 17 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the is best interests of the City's citizens and residents to approve the Utility Easement between 19 Ridgepoint Woods Association Inc., and the City of Boynton Beach, and the Consent to Easement 20 between High Point Boulevard Association Inc., and the City of Boynton Beach for a force main 21 extension project. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 24 BEACH, FLORIDA, THAT: 25 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption. 27 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 28 approve a Utility Easement between Ridgepoint Woods Association Inc., and the City (the 29 "Easement"), in form and substance similar to that attached as Exhibit A. 30 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 31 approve a Consent to Easement between High Point Boulevard Association Inc., and the City (the 32 "Consent"), in form and substance similar to that attached as Exhibit B. RESOLUTION NO. R25-294 33 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 34 authorizes the Mayor to execute the Easement and the Consent. The Mayor is further authorized 35 to execute any ancillary documents as may be necessary to accomplish the purpose of this 36 Resolution. 37 SECTION 5. Upon execution of the Easement and the Consent by the City, the City Clerk 38 shall record the Easement and the Consent in the Public Records of Palm Beach County. The City 39 Clerk shall provide a copy of the recorded Easement and the recorded Consent to Milot Emile. 4() SECTION 6. This Resolution shall take effect in accordance with the law. 41 SIGNATURES ON THE FOLLOWING PAGE] 42 RESOLUTION NO. R25-294\ 43 PASSED AND ADOPTED this 11441 day of 1�vD4 ' C 2025. 44 CITY OF BOYNTON BEACH, FLORIDA 45 YES NO 46 Mayor- Rebecca Shelton `pnA- 47 48 Vice Mayor-Woodrow L. Hay 49 50 Commissioner-Angela Cruz -81-2,1 --- �- I 51 52 Commissioner-Thomas Turkin 53 54 Commissioner-Aimee Kelley 55 _ 56 VOTE 3 57 AT EST 5: I / I 59 , . II , i,'. 60 Mayle= D -sus, MPA, MC Rebecca Shelton 61 City CI-r 93O0NTON e‘�%� Mayor 62 % k .-c;:oRarF••.F9c,iI, 63 ( ! S r p,L • iy l'i APPROVED AS TO FORM: �," li 64 (Corporate Seal) �I°'. y�COR?ORP�EO: 65 ,i• 920•' % ihaiii/4 lei Cllii6 1 66 - '••.....•• P ``‘, FLO9 67 Shawna G. Lamb 68 City Attorney RESOLUTION NO. 25-294 Exhibit A Utility Easement between Ridgepoint Woods Association Inc., and the City CFN 20250425482 OR BK 36167 PG 676 RECORDED 12/3/2025 10.26 AM AMT:$10.00 DEED D(X`S0.70 Palm Beach County,Florida Michael A.Caruso.Clerk P?.EPARED BY AND RECORD&RETURN TO: Pgs:676-696:(21 Pss) City of Boynton Beach Attention: City Attorney 100 E. Ocean Avenue Boynton Beach,Florida 33435 UTILITY EASEMENT THIS UTILITY EASEMENT is made and entered into between: RIDGEPOINTE WOODS ASSOCIATION, INC., a Florida not-for-profit corporation, whose address is 23 Ridgepointe Drive, Boynton Beach, Florida 33435 ("Grantor"), and the CITY OF BOYNTON BEACH,a municipal corporation organized and existing under the laws of the State of Florida, whose address is 100 E. Ocean Avenue, Boynton Beach, Florida 33435 ("Grantee"). WITNESSETH: • The Grantor, for and in consideration of the sum of Ten Dollars ($10.00)and other good and valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby grant to the Grantee, its agents, successors and assigns, subject to the terms and conditions hereinafter provided,a perpetual easement for utility purposes in, on, over, under and across a portion of that certain parcel of real property owned by the Grantor,described as follows: Property: RidgePointe Woods Villas, according to the plat thereof, as recorded in Plat Book 44, Pages 92 and 93,of the Public Records of Palm Beach County,Florida The Easement area is shown and described in Exhibit A attached hereto ("Easement Property")and incorporated herein. This Easement grants to the Grantee the exclusive right to use the Easement Property below its surface. This Easement shall permit the Grantee, its employees, agents, contractors,subcontractors,consultants and licensees,to enter upon and use the Easement Property at any time and from time to time to install, construct, reconstruct, lay, install, operate, inspect, maintain, service, tie-in, remove, relocate, repair, replace and improve underground wastewater facilities, including a 10-inch and 12-inch sanitary sewer force main and all utility appurtenances (the "Force Main Facilities"). Grantee shall not use or 1 PREPARED BY AND RECORD& RETURN TO: RECORDED City of Boynton Beach DEC 0 3 2025 Attention: City Attorney 100 E. Ocean Avenue PALM BEACH COUNTY,FL.Boynton Beach, Florida 33435 UTILITY EASEMENT THIS UTILITY EASEMENT is made and entered into between: RIDGEPOINTE WOODS ASSOCIATION, INC., a Florida not-for-profit corporation, whose address is 23 Ridgepointe Drive, Boynton Beach, Florida 33435 ("Grantor"), and the CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of the State of Florida, whose address is 100 E. Ocean Avenue, Boynton Beach, Florida 33435 ("Grantee"). WITNESSETH: The Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby grant to the Grantee, its agents, successors and assigns, subject to the terms and conditions hereinafter provided, a perpetual easement for utility purposes in, on, over, under and across a portion of that certain parcel of real property owned by the Grantor,described as follows: Property: RidgePointe Woods Villas, according to the plat thereof, as recorded in Plat Book 44, Pages 92 and 93,of the Public Records of Palm Beach County, Florida The Easement area is shown and described in Exhibit A attached hereto ("Easement Property")and incorporated herein. This Easement grants to the Grantee the exclusive right to use the Easement Property below its surface. This Easement shall permit the Grantee, its employees, agents, contractors, subcontractors, consultants and licensees, to enter upon and use the Easement Property at any time and from time to time to install, construct, reconstruct, lay, install, operate, inspect, maintain, service, tie-in, remove, relocate, repair, replace and improve underground wastewater facilities, including a 10-inch and 12-inch sanitary sewer force main and all utility appurtenances (the "Force Main Facilities"). Grantee shall not use or 1 permit the use of the Easement Property for any other purpose. Grantee shall perform all work in a good and workmanlike manner. The Grantee shall restore the surface of the Easement Property after any excavation of the Easement Property and shall remove from the Easement Property all trash, debris, and safety hazards following any repair or maintenance of the utilities. In addition to surface restoration, Grantee shall perform the hedge replacement work described below; provided, however, that the foregoing shall not impose any obligation on the Grantee to maintain the Easement Property following completion of construction and hedge replacement. The Grantee shall have the right, but not the obligation, to clear the Easement Property and keep it cleared of all trees, undergrowth, or other obstructions, and the right to trim, cut, or remove all trees located within or outside the Easement Property which might interfere with the Grantee's use of the Easement Property as permitted hereby. Grantee shall not cause any lien, mortgage, or other encumbrance to be filed or recorded against the Easement Property as a result of, or in connection with, Grantee's use of the Easement Property. HEDGE REMOVAL AND REPLACEMENT: The parties acknowledge that existing landscaping, including hedges located along the northern boundary of the Easement Property on the shared property line between Grantor and High Point Boulevard Association, Inc. ("Boundary Hedges"), must be removed to facilitate construction of the Force Main Facilities. The existing Boundary Hedges have invasive root systems that pose a risk of damage to the Force Main Facilities and existing utilities, and therefore cannot be replaced in kind. As part of restoring the Easement Property following construction, Grantee shall remove the existing Boundary Hedges and install replacement Clusia Rosea hedges ("Replacement Hedges") in substantially the same location, spaced approximately four (4) feet apart, in accordance with the specifications set forth in the Grantee's project construction documents as Bid Item No. 38. The Replacement Hedges shall be installed in a good and workmanlike manner consistent with industry standards. Upon completion of installation and acceptance by Grantor, all ownership, maintenance, care, and replacement responsibility for the Replacement Hedges shall immediately transfer to and vest in Grantor. Grantor expressly acknowledges and agrees that: • Grantee provides no warranty, express or implied, as to the Replacement Hedges, including without limitation any warranty of merchantability, fitness for purpose, survival, or successful establishment; • Grantor assumes all risk of loss, damage, disease, or failure of the Replacement 2 Hedges from and after installation; • Grantee shall have no obligation to maintain, water, fertilize, treat, monitor, replace, or provide any care whatsoever for the Replacement Hedges following installation and acceptance; • Grantor waives any and all claims against Grantee related to the condition, performance, survival,or failure of the Replacement Hedges; and • The hedge replacement work constitutes restoration of property disturbed during construction and does not constitute additional consideration for this Easement beyond the Ten Dollars ($10.00) recited above. High Point Boulevard Association, Inc. has consented to the replacement of the Boundary Hedges with Clusia Rosea pursuant to a separate Consent to Easement of even date herewith. The Grantor shall not construct any structure or other improvement upon the Easement Property or engage in any use of the surface of the Easement Property which is inconsistent with or interferes with the operation or maintenance of the underground utilities or of the rights of the Grantee under this Easement. The Grantor represents and warrants to the Grantee that Grantor is in exclusive possession of the Easement Property and owns the Easement Property free and clear of all mortgages, liens, judgments and other encumbrances, except this Easement and the ingress/egress easement benefiting High Point Boulevard Association, Inc. shown on the plat of RidgePointe Woods Villas, and that it has good and lawful right to grant this Easement. The Grantor hereby grants this Easement subject only to comprehensive land use plans, zoning, restrictions, prohibitions, and other requirements imposed by governmental authority. COORDINATION WITH HIGH POINT EASEMENT: The parties acknowledge that a portion of the Easement Property is subject to an ingress/egress easement benefiting High Point Boulevard Association, Inc. ("High Point") as shown on the plat of RidgePointe Woods Villas (the "High Point Easement"). High Point has executed a Consent to Easement of even date herewith, consenting to this Easement. The Force Main Facilities shall be installed at sufficient depth below the surface to allow full use of the High Point Easement for ingress and egress purposes. During any excavation, construction, maintenance,or repair work affecting the High Point Easement area, Grantee shall: • Provide High Point with at least seventy-two (72) hours' advance written notice 3 for non-emergency work; • Maintain ingress and egress access through the High Point Easement to the maximum extent practicable; • For emergency repairs, provide notice to High Point as soon as reasonably practicable; and • Restore the High Point Easement area to its pre-existing condition following any work. Grantor acknowledges that Grantee is a municipal corporation with sovereign immunity to the limits and protections set forth in Sec. 768.28,Florida Statutes. This Easement shall run with the land and shall be binding upon the Grantor, all parties entitled to use or possession of the Easement Property by or through the Grantor, including lessees, and the successors and assigns of the Grantor and Grantee until this Easement is terminated by the Grantee. Neither the failure to use the Easement Property nor the abandonment of the Easement Property shall constitute or be construed as a termination of this Easement. This Easement shall be construed and interpreted, and the rights of the parties hereto determined, in accordance with Florida law without regard to conflicts of law provisions. The parties submit to the jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue for any suit concerning this Agreement shall be exclusively in Palm Beach County, Florida. To encourage prompt and equitable resolution of any litigation, each party hereby waives its rights to a trial by jury in any litigation related to this Agreement. No person or entity not a party hereto shall be deemed a third party beneficiary of the terms of this Easement, except that High Point Boulevard Association, Inc. is expressly recognized as a third party beneficiary with respect to the provisions concerning the High Point Easement set forth above. No other member of the public shall have any rights under this Easement. This Easement shall be recorded in the Public Records of Palm Beach County, Florida. 4 RIDGEPOINTE UTILITY EASEMENT SIGNATURE PAGE IN WITNESS WHEREOF,the parties have executed this Utility Easement on the day and year indicated below. GRANTOR: RIDGEPOINTE WOODS ASSOCIATION,INC., a Florida ot-for-profit corporation By: Ltie-e. Print Name: n • Title: ! (" C‘ Cl ti t1 r STATE OF FLORIDA } SS: COUNTY OF PALM BEACH } On this w of , 20 , 241-Whe P of RIDGEPOINTE WOODS ASSOCIATION, INC. appeared before me, by [ physical presence or 0 on-line notarization, and who is personally known to me or who has produced - Z. - FL- as identification. He/She acknowledged to me that he/she is authorized to execute the foregoing instrument on behalf of the company and that he/she executed the foregoing instrument on behalf of said company as his/her free act and deed and as the free act and deed of said company. .,� PATRICIA a KELI.Nlf� Notary Public Signature l \�� �'coMMISSION#HH5811+1 EXPIRES SEP 15,2028 "PBonded through 1st State Insurance Printed or Stamped Name of Notary Commission Number: 7k “ 5?3 i(-0 5 RIDGEPOINTE UTILITY EASEMENT SIGNATURE PAGE GRANTEE: CITY OF 70YNTON BEACH � � �� NTO/�e � By: o�c,O�P,, •. Y,,�1 Name/Title: Wocorvw � ViLei of : SEAL •••• J � UL i ��INCORPORATED: A ` '� 192 • • City Cl:rkA 1��•� FLOR��P= CITY A T RNEY'S OFFICE Approved as form and I gali By: aec/a AVP 4%6 City Attorney STATE OF FLORIDA } SS: COUNTY OF PALM BEACH } On this \', day of '(\(rp mw'Y , 20 , the foregoing Utility Easement was acknowledged before me, by personal presence, by Lultc6re,n kkaky Ahc.Q,c+layezr of the City of Boynton Beach, who is personally known to me. /!.L' `/it/ otary Public :ignature Tammy L. Stanzione Printed or Stamped Name of No �ri .4;Z7*,,,,,, Commission Number: %'••. MY COMMISSION EXPIRES 3.25-2027 OF FLCR9 ....41 6 EXHIBIT"A" SKETCH AND LEGAL DESCRIPTION OF EASEMENT AREA 7 I SKETCH & DESCRIPTION FOR: 12' UTILITY EASEMENT A PORTION OF RIDGEPOINTE WOODS VILLAS (PLAT BOOK 44, PAGES 92 &93, P.B.C.R.) CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA LAND DESCRIPTION: A portion of RIDGEPOINTE WOODS VILLAS, according to the plat thereof, as recorded in Plat Book 44, Pages 92 and 93, of the Public Records of Palm Beach County, Florida, described as follows: A 12 foot strip of land for a Utility Easement being 6 feet on each side of the following described centerline: COMMENCE at the Northwest corner of said plat, RIDGEPOINTE WOODS VILLAS; thence S00°57'51"W, along the west line of said plat and the east right-of-way of S.W. 3rd Street, 11.00 feet to the POINT OF BEGINNING of said centerline; thence S88°01'49"E, 1203.98 feet; thence S39°11'11"E, 5.65 feet; thence S88°01'49"E, 75.95 feet; thence S43°02'11"E, 29.06 feet; thence S88°01'49"E, 115.97 feet to the east line of said plat, RIDGEPOINTE WOODS VILLAS, the west right-of-way of Seacrest Boulevard and the POINT OF TERMINATION of said centerline. Side lines of said 12 foot Utility Easement are to be prolonged or shortened to coincide with said east and west plat lines of RIDGEPOINTE WOODS VILLAS to form a continuous strip of land. Said lands situate and being in the City of Boynton Beach, Palm Beach County, Florida. SURVEYOR'S NOTES: 1. Reproductions of this Sketch are not valid without the signature and the original seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to this sketch by other than the signing party is prohibited without written consent of the signing party. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Bearings shown hereon are relative to the plat, RIDGEPOINTE WOODS VILLAS, based on the west line of plat having a bearing of S00°57'51"W. 5. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 6. Abbreviation Legend: = Centerline; F.B. = Field Book; FPL = Florida Power & Light Company; L.B. = Licensed Business; N/A = Not Applicable; O.R.B. = Official Records Book; P.B. = Plat Book; P.B.C.R. = Palm Beach County Records; PG. = Page; P.O.B. = Point of Beginning; P.O.C. = Point of Commencement; P.O.T. = Point of Termination; P.S.M. = Professional Surveyor& Mapper; R/W= Right-of-Way; U.E. = Utility Easement. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Standards of Practice set forth in Chapter 5J-17, Florida Administrative Code, pursuant to Chapter 472, Florida Statutes. Digitally signedOikkiso.,...o6k t�� Date: 09/29/2025 by Marisha M. MARISHA M. KREITMAN, P.S.M. Kreitman, P.S.M. Florida Registration No. 6555 Date: 2025.09.29 AVIROM &ASSOCIATES, INC. L.B. No. 3300 15:27:33 -04'00' EMAIL: marisha@aviromsurvey.com REVISIONS AVIROM&ASSOCIATES, INC. JOB#: 13513 oN,&Assoo� SURVEYING & MAPPING SCALE: N/A _ Q ?I 50 S.W. 2nd AVENUE, SUITE 102 DATE: 09/29/2025 a 1 too BOCA RATON, FLORIDA 33432 BY: M.M.K. (561)392-2594 / www.AVIROMSURVEY.com CHECKED: Fy.Tg8L/SHED 19e` ©2025 AVIROM&ASSOCIATES,INC.all rights reserved. F.B. N/A PG. N/A This sketch is the proper) of AVIROM Q ASSOCIATES,INC. and should not be reproduced or copied without written permission. SHEET: 1 OF 3 SKETCH & DESCRIPTION FOR: 12' UTILITY EASEMENT A PORTION OF RIDGEPOINTE WOODS VILLAS (PLAT BOOK 44, PAGES 92 &93, P.B.C.R.) CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA I HIGH POINT CONDOMINIUM SECTION FOUR I P.O.C. - � N.W. CORNER (0.R.B. 1797/1645, P.B.C.R.) b I RIDGEPOINTE WOODS VILLAS S88°01'49"E lin00 • (P.B. 44/92-93, P.B.C.R.) 1203.98' 412' U.E. ulli--;,---. — —7:::::..::•:'...•':.::7.i.::,...;:,,.7...'..1.::;; ....7.:•..1.::':;:•::.:.:.\.*:i...:':::\Vg.q....4'...:. ... --\-----.':'''''''..''''''.''','''.'.:':::i: :.::....... ..,.......':: ::' - -77 m PLAT LINE OF 12' U.E. i i Li o . I 41 CI: I Li. v) ---w -- -- -- m 0 < 0 J z W J W � z5m � W I w I J w o BLOCK 4 BLOCK 5 C41- 1- oz U • U j300JN -a °° 3mw ci a / ck3 o 2 _5' FPL & SOUTHERN BELL i vj RIDGEPOINTE WOODS VILLAS EASEMENT (P.B. 44/92-93, P.B.C.R.) • c) (P.B. 44/92-93, P.B.C.R.) 0 50 100 • • limadimmlimmr. I GRAPHIC SCALE IN FEET HIGH POINT CONDOMINIUM SECTION FOUR 1"= 50' (O.R.B. 1797/1645, P.B.C.R.) 1S88°01'49"E 12' U.E. _. —. _ _1203.98'_ QPLAT LINE } \_, OF 12' U.E. 1 I 14 ,n I M F• F � BLOCK 6 ; BLOCK 7 , W m U) LI WI 141 -5' FPL & SOUTHERN BELL EASEMENT (P.B. 44/92-93, P.B.C.R.) RIDGEPOINTE WOODS VILLAS (P.B. 44/92-93, P.B.C.R.) f REVISIONS AVIROM& ASSOCIATES, INC. JOB# 13513 off,&Assoc, SURVEYING & MAPPING SCALE: 1"=50' Q' 9.t 50 S.W. 2nd AVENUE, SUITE 102 DATE: 09!29/2025 d Goo BOCA RATON,FLORIDA 33432 BY: M.M.K. (561)392-2594 / www.AVIROMSURVEY.com CHECKED: �r'�C/SHED 19e, ©2025 AVIROM&ASSOCIATES,INC.all nghts reserved. F.B. N/A PG. N/A This sketch is the propetlyof AVIROM 8 ASSOCIATES,!NC end should not be reproduced or copied without written permiss iOn SHEET: 2 OF 3 SKETCH & DESCRIPTION FOR: 12' UTILITY EASEMENT A PORTION OF RIDGEPOINTE WOODS VILLAS (PLAT BOOK 44, PAGES 92 &93, P.B.C.R.) CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA HIGH POINT CONDOMINIUM SECTION FOUR (O.R.B. 1797/1645, P.B.C.R.) �f S88°01'49"E 12' U.E. J __.j._._ . ._._._._._. sly_. [1203.98' _ W PAT INE:•:... ..:- . ... OF 12' U.E. N L L in 1Ili BLOCK 8 BLOCK 9 W y -- -- I; -5' FPL & SOUTHERN BELL EASEMENT (P.B. 44/92-93, P.B.0 R ) 0 50 100 RIDGEPOINTE WOODS VILLAS �- (P.B. 44/92-93, P.B.C.R.) GRAPHIC SCALE IN FEET 1" =50' IHIGH POINT CONDOMINIUM SECTION FOUR /6' S88°01'49"E (O.R.B. 1797/1645, P.B.C.R.) .,• 1203.98' S39°11'11"E 75.95' '49"E 4,3 ,, -588°01'49"E / / jp 5 �. 115.97' _ - - - - - - 5-65 ._i. .75.95 - - . _`1' - . - - . -12' U.E. / o. SLI 5' FPL & SOUTHERN BELL EASEMENT Q' I (P.B. 44/92-93, P.B.0 R ) I PLAT LINE _ O Q I . OF 12' U.E. -o / 'O W I / ,Q In ; BLOCK 10 � •L _/ Jv EAST LINE OF / c ' RIDGEPOINTE WOODS VILLAS �� Jcv INGRESS EGRESS EASEMENT & WEST R/W LINE /' V� o� TO HIGH POINT (P.B 44/92-93, P.B.C.R.) / Q, co RIDGEPOINTE WOODS VILLAS (P.B. 44/92-93, P.B.C.R.) / G I / REVISIONS AVIROM& ASSOCIATES, INC. JOB#: 13513 ot,&ASs0C� SURVEYING & MAPPING SCALE: 1"=50' A 50 S.W. 2nd AVENUE, SUITE 102 DATE: 09/29/2025 g a an BOCA RATON,FLORIDA 33432 BY: M.M.K. (561)392-2594 / www.AVIROMSURVEY.com CHECKED: 3T4./iusHED ie9s ©2025 AVIROM 8 ASSOCIATES,INC.all rights reserved. F.B. N/A PG. N/A 'ss is the props�y of AVIROM&ASSOCIATES.INC. - - -- -- and should not be reproduced or copied without written permission. SHEET: 3 OF 3 RESOLUTION NO. 25-294 Exhibit B Consent to Easement between High Point Boulevard Association Inc., and the City PREPARED BY,RECORD, &RETURN TO: City of Boynton Beach Attention: City Attorney 100 E. Ocean Avenue Boynton Beach,Florida 33435 CONSENT TO EASEMENT �y ,,, THIS CONSENT TO EASEMENT is made and entered into this p� 8 day of 4e,toe ( 3 2025, by HIGH POINT BOULEVARD ASSOCIATION, INC., a Florida not-for-profit corporation, whose address is 215 High Point Boulevard, Boynton Beach, Florida 33435 ("High Point"). RECITALS A. High Point is the owner of certain real property consisting of Lots 7 and 11, Section 33, Township 45 South, Range 43 East, Boynton Beach, Palm Beach County, Florida, as more particularly described in that certain Warranty Deed recorded in Official Records Book 23293, Page 1557,of the Public Records of Palm Beach County,Florida(the"High Point Property"). B. High Point holds ingress and egress rights (the "High Point Easement") over a portion of the property owned by RidgePointe Woods Association, Inc. ("RidgePointe") for access to and from the High Point Property and High Point's community entrance, as shown on the plat of RidgePointe Woods Villas recorded in Plat Book 44, Pages 92 and 93, of the Public Records of Palm Beach County,Florida. C. The City of Boynton Beach (the "City") proposes to install, operate, and maintain a 10- inch and 12-inch sanitary sewer force main extension serving Lift Station Nos. 410 and 414 (the "Force Main Facilities"). D. A portion of the Force Main Facilities will cross through the High Point Easement area. E. Concurrently with the execution of this Consent, RidgePointe, as fee owner, is granting to the City a perpetual,non-exclusive utility easement for the Force Main Facilities pursuant to that certain Utility Easement of even date herewith (the"City Easement"), a portion of which crosses through the High Point Easement area. The sketch and legal description of the City Easement are attached hereto as Exhibit A. F. The City requires High Point's consent to the installation and operation of the Force Main Facilities within the High Point Easement area. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein,High Point hereby consents as follows: 1. CONSENT. High Point hereby consents to: a) The granting by RidgePointe to the City of the City Easement; b) The installation by the City of the Force Main Facilities within the City Easement, including the portions thereof that cross through the High Point Easement area; and c) The City's exercise of all rights granted under the City Easement, including the right to access,maintain,repair,replace, and operate the Force Main Facilities. 2. ACKNOWLEDGMENTS. High Point acknowledges and agrees that: a) The Force Main Facilities will be buried underground at sufficient depth to allow full use of the High Point Easement for ingress and egress purposes; b) The City may need to access the City Easement from time to time for maintenance, repair,and replacement of the Force Main Facilities; and c) The granting of the City Easement serves the public health, safety, and welfare. 3. CITY'S OBLIGATIONS. The City shall: a) Install the Force Main Facilities at sufficient depth below the surface to allow full use of the High Point Easement for ingress and egress purposes; b) For non-emergency maintenance or repair work affecting the High Point Easement area, provide High Point with at least seventy-two (72)hours' advance written notice; c) Maintain ingress and egress access through the High Point Easement area to the maximum extent practicable during any work; d) For emergency repairs, provide notice to High Point as soon as reasonably practicable; and e) Restore the High Point Easement area to its pre-existing condition following any construction,maintenance,or repair work. 4. CONSENT TO BOUNDARY HEDGE REPLACEMENT. In connection with the City's installation of the Force Main Facilities, High Point acknowledges and consents to the removal and replacement of existing landscaping,including hedges, located along the shared property line between RidgePointe Woods Association, Inc. and High Point("Boundary Hedges")as follows: a) The existing Boundary Hedges must be removed to facilitate construction of the Force Main Facilities and have invasive root systems that pose a risk to utilities; b) The City will install replacement Clusia Rosea hedges in substantially the same location following construction, spaced approximately four (4) feet apart, in accordance with project construction specifications; c) All ownership and maintenance responsibility for the replacement hedges shall vest in RidgePointe Woods Association,Inc. immediately upon installation; d) High Point consents to the species change from the existing hedge species to Clusia Rosea and waives any objection to such change; e) High Point acknowledges that any future disputes regarding the replacement hedges, including but not limited to maintenance, encroachment, growth characteristics, or species selection, shall be between High Point and RidgePointe Woods Association, Inc., and High Point agrees that the City shall have no involvement in or liability for any such disputes;and f) High Point waives any and all claims against the City related to the removal of existing Boundary Hedges or the installation, condition, performance, survival, or failure of replacement hedges. 5. RELATIONSHIP OF EASEMENTS. The City Easement and the High Point Easement shall coexist. Under normal operating conditions, the underground Force Main Facilities shall not interfere with High Point's use of the High Point Easement for ingress and egress purposes. During emergency repairs that may temporarily affect access, the City shall use reasonable efforts to maintain or provide alternative access. 6. NOTICES. All notices required under this Consent shall be in writing and delivered to: If to City: City of Boynton Beach Attention: City Manager 100 E. Ocean Avenue Boynton Beach, Florida 33435 With copy to: City of Boynton Beach Attention: City Attorney 100 E. Ocean Avenue Boynton Beach, Florida 33435 If to High Point: High Point Boulevard Association, Inc. Attention: President,Board of Directors 215 High Point Boulevard Boynton Beach, Florida 33435 7. BINDING EFFECT. This Consent shall be binding upon and inure to the benefit of High Point and the City and their respective successors and assigns, and shall run with the land. 8. RECORDING. This Consent shall be recorded in the Public Records of Palm Beach County, Florida. 9. GOVERNING LAW. This Consent shall be governed by Florida law. Venue for any dispute shall be exclusively in Palm Beach County, Florida. 10.THIRD PARTY BENEFICIARY. RidgePointe Woods Association, Inc. is expressly recognized as a third-party beneficiary of this Consent with the right to enforce the City's obligations set forth in Section 3 above. 11. SOVEREIGN IMMUNITY. Nothing contained herein shall constitute a waiver of the City's sovereign immunity limits and protections set forth in Sec. 768.28,Florida Statutes. IN WITNESS WHEREOF, High Point has executed this Consent to Easement on the day and year indicated above. HIGH POINT BOULEVARD ASSOCIATION, INC., a Florida not-for- it cow. . 'on By: Print Name: '(/C- /42f2JF/ELO Title: pp E s/0E12J' Date: OC 7O.GE 2.9 c9 0c3 STATE OF FLORIDA } SS: COUNTY OF PALM BEACHPI } this 25 day of d�T0 — 20 -5 c tt_ 6IA fel t=1I the of _ of HIGH POINT BOULEVARD ASSOCIATION, INC. appeared before me, by a physical presence or 0 on-line notarization, and who is personally known to me or who has *roduced t a. .4 E. as identification. He/She acknowledged to me that he/she is authorized to execute the foregoing instrument on behalf of the company and that he/she executed the foregoing instrument on behalf of said company as his/her free act and deed and as the free act and deed of said company. • 4 I - .I11 / , Notary Public State of Florida Notary Public Signature m My Ctipi i 67 on Ter Printed or Stamped Name of Notary Exp.3/17/2026 Commission Number: tt} 2'+ I s J ACCEPTANCE BY CITY OF BOYNTON BEACH: The City of Boynton Beach hereby accepts the foregoing Consent to Easement and agrees to perform the obligations set forth in Section 3 above. CITY OF BOYNTON BEACH By: id . , • AZ,zzi Name/Title: U)i eg,dal. Ad =----"`Toil/`‘‘‘ 1 Q �•6RPOR,l7 11 EN! €lec ' i • It ;•INCORPORATED; CITY ATTORNEY'S OFFICE �. '•.• 1920..•• Approved to form and leg • y `�,� FLOROOP By: eze.w City Attorney STATE OF FLORIDA } SS: COUNTY OF PALM BEACH } On this \% day of ` Y(Da-N b e,,r , 20 a 15 , the foregoing Utility Easement was acknowledged before me, by personal presence, by y .ZOO boy V,e e'Matorof the City of Boynton Beach, who is personally known to me. -.Ai... ,.. !aid.. Notary Publi' ignature Tammy L. Stanzione Printed or Stamped Name of Notary �P ,I L STgN2j Commission Number: jam` !.•. 0N PUB/c;c. lis, MY COMMISSION EXPIRES 3-25-2027 ;,/ OF FL- 1 ''OAllI . EXHIBIT"A" SKETCH AND LEGAL DESCRIPTION OF CITY EASEMENT SKETCH & DESCRIPTION FOR: 12' UTILITY EASEMENT A PORTION OF RIDGEPOINTE WOODS VILLAS (PLAT BOOK 44, PAGES 92&93, P.B.C.R.) CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA LAND DESCRIPTION: A portion of RIDGEPOINTE WOODS VILLAS, according to the plat thereof, as recorded in Plat Book 44, Pages 92 and 93, of the Public Records of Palm Beach County, Florida, described as follows: A 12 foot strip of land for a Utility Easement being 6 feet on each side of the following described centerline: COMMENCE at the Northwest corner of said plat, RIDGEPOINTE WOODS VILLAS; thence S00°57'51"W, along the west line of said plat and the east right-of-way of S.W. 3rd Street, 11.00 feet to the POINT OF BEGINNING of said centerline; thence S88°01'49"E, 1203.98 feet; thence S39°11'11"E, 5.65 feet; thence S88°01'49"E, 75.95 feet; thence S43°02'11"E, 29.06 feet; thence S88°01'49"E, 115.97 feet to the east line of said plat, RIDGEPOINTE WOODS VILLAS, the west right-of-way of Seacrest Boulevard and the POINT OF TERMINATION of said centerline. Side lines of said 12 foot Utility Easement are to be prolonged or shortened to coincide with said east and west plat lines of RIDGEPOINTE WOODS VILLAS to form a continuous strip of land. Said lands situate and being in the City of Boynton Beach, Palm Beach County, Florida. SURVEYOR'S NOTES: 1. Reproductions of this Sketch are not valid without the signature and the original seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to this sketch by other than the signing party is prohibited without written consent of the signing party. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Bearings shown hereon are relative to the plat, RIDGEPOINTE WOODS VILLAS, based on the west line of plat having a bearing of S00°57'51"W. 5. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 6. Abbreviation Legend: q = Centerline; F.B. = Field Book; FPL = Florida Power & Light Company; L.B. = Licensed Business; N/A = Not Applicable; O.R.B. = Official Records Book; P.B. = Plat Book; P.B.C.R. = Palm Beach County Records; PG. = Page; P.O.B. = Point of Beginning; P.O.C. = Point of Commencement; P.O.T. = Point of Termination; P.S.M. = Professional Surveyor& Mapper; R/W= Right-of-Way; U.E. = Utility Easement. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Standards of Practice set forth in Chapter 5J-17, Florida Administrative Code, pursua t to Chapter 472, Florida Statutes. Digitally signed Q,�(( 1 /� P......-----..Date: 09/29/2025 by Marisha M. ` - ` ` `�' MARISHA M. KREITMAN, P.S.M. Kreitman, P.S.M. Florida Registration No. 6555 Date: 2025.09.29 AVIROM &ASSOCIATES, INC. L.B. No. 3300 15:27:33 04'00' EMAIL: marisha@aviromsurvey.com REVISIONS AVIROM&ASSOCIATES, INC. JOB#: 13513 oM b Associ SURVEYING & MAPPING SCALE: N/A 9t 50 S.W. 2nd AVENUE, SUITE 102 DATE: 09/29/2025 iT\ a ea BOCA RATON, FLORIDA 33432 BY: M.M.K. -- (561)392-2594 / www.AVIROMSURVEY.corn CHECKED: ES748USHED'4e, ©2025 AVIROM 6 ASSOCIATES,INC ell rghts reserved. F.B. N/A PG. N/A This sketch is the property of AVIROM 6 ASSOCIA TES.INC. end should not be reproduced or copied w shout written permission. SHEET: 1 OF 3 SKETCH & DESCRIPTION FOR: 12' UTILITY EASEMENT A PORTION OF RIDGEPOINTE WOODS VILLAS (PLAT BOOK 44, PAGES 92 &93, P.B.C.R.) CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA I HIGH POINT CONDOMINIUM SECTION FOUR I I P.O.C. (0.R B. 1797/1645, P.B.C.R.) �, I N.W. CORNER �? o I RIDGEPOINTE WOODS VILLAS S88°O1'49"E 00 0 (P.B. 44/92-93, P.B.C.R.) 412' U.E. 1231_.98 m PLAT LINE } `L E. - OF 12' U. 1 O t o W d �. cn ^w -- --- m � _1 J W Li.] Q W W � z > m � y W 0 BLOCK 4 BLOCK 5 Et CC 1— C Z I I 2 �- U W 0 Q N L- I � � co w c`h e I 1w-- �� -Po o 5' FPL & SOUTHERN BELL (6 cp RIDGEPOINTE WOODS VILLAS EASEMENT (P B 44/92-93, P.B.C.R.) I (P.B. 44/92-93, P.B.C.R.) FL 0 50 100 HIGH POINT CONDOMINIUM SECTION FOUR GRAPHIC SCALE IN FEET 1"=50' (0 R.B. 1797/1645, P.B C.R.) S88°01'49"E 12' U.E. 1203.98' W .— � — .—.—.4 - - - - — - - - - — 1 Q PLAT LINE } OF 12' U.E. t M W I --- C o ; BLOCK 6 BLOCK 7 ; luu W CO y -- -- -- W -5' FPL & SOUTHERN BELL EASEMENT (P.B. 44/92-93, P.B.C.R.) RIDGEPOINTE WOODS VILLAS 1(4 Z (P.B. 44/92-93, P B.0 R.) ' I REVISIONS AVIROM&ASSOCIATES, INC. JOB#: 13513 oi,a Assoc. SURVEYING & MAPPING SCALE: 1"=50' - � 9A 50 S.W. 2nd AVENUE, SUITE 102 DATE: 09/29/2025 > r^ a rn BOCA RATON, FLORIDA 33432 BY: M.M.K. — (561)392-2594 / www.AVIROMSURVEY.com CHECKED: --- F,rr4.9L/SHED'ge+ ©2025 AVIROM&ASSOCIATES,INC all nghts reserved F.B. N/A PG. N/A This sketch is the property of AVIROM&ASSOCIA TES.INC and should not be reproduced or copied without written permission. SHEET: 2 OF 3 SKETCH & DESCRIPTION FOR: 12' UTILITY EASEMENT A PORTION OF RIDGEPOINTE WOODS VILLAS (PLAT BOOK 44, PAGES 92 &93, P.B.C.R.) CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA HIGH POINT CONDOMINIUM SECTION FOUR I (O.R.B. 1797/1645, P.B.C.R.) 30 S88°01'49"E 12' U.E. W 1203.98' m .1.— . — — — - - — —� — — - - - - - - - - - - - - - W W *PLATUNE \_, ca y N liftW I y BLOCK 8I BLOCK 9 W y -5' FPL & SOUTHERN BELL EASEMENT (P.B. 44/92-93, P.B.C.R.) 0 50 100 r_tttttttttttttttttta RIDGEPOINTE WOODS VILLAS (P.B. 44/92-93, P.B.C.R.) 1 GRAPHIC ISCAL0' IN FEET HIGH POINT CONDOMINIUM SECTION FOUR (O.R.B. 1797/1645, P.B.C.R.) IN S88°01'49"E °p -S88°01'49"E / 3.98S39°11'11"E S88°01'49"E 413 p� 115.97' / Ji2o1 — — — — — — — 5.65' � . 75.95' — — . .—tip. — . — — ` p12' U.E. / o. W 5' FPL & SOUTHERN BELL EASEMENT_ i Q' (P.B. 44/92-93, P.B.C.R.) I PLAT LINE _ _ 1�___ O -- m I � OF12' U.E.� / �O Q Nr W ; BLOCK 10 �IQ I / v�� caL -/ EAST LINE OF / co �v _ RIDGEPOINTE WOODS VILLAS— --// i Jou INGRESS EGRESS EASEMENT & WEST R/W LINE / �<CIOQ TO HIGH POINT (P.B. 44/92-93, P.B C R ) / RIDGEPOINTE WOODS VILLAS (P.B. 44/92-93, P.B.C.R.) / CO ii / REVISIONS AVIROM&ASSOCIATES, INC. JOB#: 13513 CSSURVEYING & MAPPING SCALE: 1"=50DATE: 09/29/2025 50 S W. 2nd AVENUE. SUITE 102 co BOCA RATON, FLORIDA 33432 BY: M.M.K. (561)392-2594 / www.AVIROMSURVEYcom CHECKED: HED'''' ©2025 AVIROM 8 ASSOCIA TES,INC.all rights reserved. F B. N/A PG. N/A aTnhd sketch nsohho prerproertcodAoVRpOiM8 wAtSOCwIAttTeEnSp,eINsionSHEET: 3 OF 3