R02-180
, I
RESOLUTION NO. R02- I eo
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
REVISED GRANT OF EASEMENT BETWEEN THE CITY
OF BOYNTON BEACH AND PROPERTY RESERVE, INC,
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on June 4, 2002, the City Commission approved a Grant of Easement
between the City and Property Reserve, Inc.; and
WHEREAS, Property Reserve, Inc., the Grantor has requested a revision to the
Easement Agreement to satisfy their concerns regarding restoration of the site in the event the
City must make a repair, which language is acceptable to staff; and
WHEREAS, the City Commission upon recommendation of staff, deems it
appropriate to execute this Revised Grant of Easement between the City of Boynton Beach
and Property Reserve, Inc. Easement is attached hereto and made a part hereof,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof,
Section 2,
The City Commission of the City of Boynton Beach, Florida does
hereby authorize and direct the Mayor and City Clerk to execute a Revised Grant of
Easement between the City of Boynton Beach and Property Reserve, Inc" said Agreement
being attached hereto.
Section 2.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\Utilities\Revised Grant of Easement -Property Reserve.doc
, I
PASSED AND ADOPTED this ~ day of November, 2002,
J::oner
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Commissioner
ATTEST:
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S:\CA\RESO\Agreements\Utilities\Revised Grant of Easement -Property Reserve.doc
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(/
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'. . \ ./ Prepared by ~.d R_._. Iii ~
~/ Barbieri & Screnci, P.A.
Roa.- J80
Ellen B. Migdal
Attorney at Law
3200 North Military Trail
Suite II 200
Boca Raton, FL 33431
(561) 997-5700
File # 0109797H
f{.ET L.{ Jt( AJ c::: t?J .. ' ·
.Jftlce of the City Clerk
City of 3cynton Beach
P. O. :" ~:o
80Yili':Jfl ~. Florida 33421
KNOW ALL MEN BY THESE PRESENTS THAT:
1111111111111111111111
12/17/2002 12116157 20020669928
OR BK 1 it548 QG 11)%
~~lm B~~ch County, Florid~
GRANT OF EASEMENT
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Property Reserve. Inc., a Uwh not-for-profit corporation (the "Grantor"), whOse ~ '.::-:-;J
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mailing address is 100 Meadow Circle, Boynton Beach, FL 33436 fee simple owner of certain.!Sal ~,~
property (the "Servient Estate") situated in Palm Beach County, Florida, described as: =:
"SERVIENT EST A TEn
A portion of Tract H, Meadows 300-Plat No.2, according to the Plat thereof, as
recorded in Plat Book 48, Pages 194 and 195, of the Public Records of Palm Beach
County, Florida,
IN CONSIDERATION of the sum ofTen and No/1oo Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, paid to
Grantor by the CITY OF BOYNTON BEACH, FLORIDA (the "Grantee"), whose mailing
address is 100 E, Boynton Beach Blvd., Boynton Beach, Florida 33425, hereby grants to Grantee,
its heirs, personal representatives, successors and assigns, licensees and agents, for the benefit of
CALVARY CHAPEL OF BOYNTON BEACH, INC., a Florida not-for-profit corporation,
fee simple owner of certain real property (the "Dominant Estate ") situated in Palm Beach County,
Florida, described as:
"DOMINANT ESTATE"
The East one-half of the East one-half of the Northwest one-quarter of the Northeast
one-quarter of Section 7, Township 45 South, Range 43 East; said lands situate, lying
and being in Palm Beach County, Florida, (Street Address: 2901 Commerce Park
Drive, Boynton Beach, Florida 33426)
a perpetual nonexclusive twelve foot wide utility easement and right-of-way over, upon, under,
through and across the land described in Exhibit "A" attached hereto and made a part hereof, for
the purpose of connecting a new church building, owned by CALVARY CHAPEL OF
BOYNTON BEACH, INC., a Florida not-for-profit corporation, and located on the Dominant
Estate, into the existing sewer main located on the Servient Estate and for access to maintain the
sewer connections. Said Easement is for the construction, operation and maintenance of the sewer
tie-in, with the right to reconstruct such sewer connection, as may be deemed necessary. The
sewer tie-in or connection, and all related improvements, shall be underground. Grantee agrees
to restore the surface, including landscaping, curb, and pavement, after any construction,
reconstruction or maintenance of the sewer tie-in or connection, Any entry onto the land subject
to the Easement shall be reasonably designed to minimize any disruption to the occupants of the
Ser'vicnt Estat~.
This Easement Grant is further subject to the following terms and conditions:
Grantor, its successors and assigns, does not assume hereunder any obligation to improve,
maintain or construct sewer service upon the Servient Estate, or to maintain the Servient Estate
in repair, nor does Grantor, its successors or assigns, assume any liability or responsibility for
injury to persons, property or both, to Grantee, its heirs, personal representatives, successors,
assigns, agents, employees, invitees or licensees, or to others similarly situated, its heirs,
successors or assigns, or to any person using the Servient Estate by invitation, express or implied,
or by reason of any business conducted with Grantee, its successors or assigns, or to others likely
situated,
IN WITNESS WHEREOF, Grantor has caused this Grant of Easement to be executed in
its name by its undersigned, duly authorized officer(s) and its corporate seal to be hereunto
affixed, on this day of September, 2002. The undersigned officer hereby warrants and
represents that he has been duly authorized by the Board of Directors of the corporate Grantor to
execute and deliver this Easement to the Grantee on behalf of the Grantor.
In the presence of:
PROPERTY RESERVE, INC., a Utah not-for-
profit corporation
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By: fi{ I (// ' 7/. :/-;1
Mark B: Gibbons, President
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Witness
R \ (. k All.-t..( J 'If r~'~
pttt:me~
Witness
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Print Name
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Attest: ~ - ~--/_(7~V1~~d'"
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Pnnt Name and Title' .. ,,/" -:-' I,
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(Corporate Seal)
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STATEOF l~~
COUNTY OF
.
The foregoing instrument was acknowledged before me this jot:/UJay of September, 2002, by
Mark B. Gibbons, President of Property Reserve, Inc.,a Utah not-for-profit corporation, on
behalf of the Corporation, He is personally known to me or has produced
as identification.
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Notary Public
C()5t,ite ~tl d r r
Print Name:
My Commission Expires: j I. 2q - ZOO'f
Acceptance by the Grantee:
In the presence of:
CITY OF BOYNTON BEACH, FLORIDA
BY~
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~itness 6 (' It
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Print Name
( Seal)
Page 2
J
CITY ATTORNEY
............. . ........0 "'~c. J U:ttl
STATE OF FLORIDA
COUNTY OF PALM BEACH
The forego in instrument was acknowledged before me this Ii M. day of'1J~, 2002,
by G . . /l7a and on behalf of the City of Boynton
r has produced
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Notary Public
"'~~~tJ,,, Barbara M. Madden
f~~':.COmmiss1on II DD12S274
~0.\ .~~ Expires lU1rr~t~e:
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""'11'\\' Atlannc Bonding Co,.1nc.
My Commission Expires:
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Page 3
BOOK 14548
PQGE 1099
f<:XI-IIBIT "A"
EASEMENT
,,'
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SKETCH AND DESCRIPTION
For: Calvary Chapel
LEGAL DESCRIPTION:
A STRIP OF LAND LYING WITHIN A PORTION OF TRACT H. MEADews .300nPL.A T NO.2, ACCORDING TO THE PLA ~
THEREOF, AS RECORDED IN PLAT BOOK 48, PAGES 194 AND 195, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT H; THENCE SOUTH 02'42'08- WEST ALONG THE WEST
LINE OF SAID TRACT H, A DISTANCE OF 786.40 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 8717'52"
EAST, A DISTANCE OF 38.50 FEET; THENCE SOUTH 02'42'08" WEST, A DISTANCE OF 12.00 FEET; THENCE NORTH
87'17'52" WEST, A DISTANCE OF 38.50 FEET TO A POINT ON THE WEST LINE OF SAID TRACT H; THENCE NORTH
02'42'08" EAST ALONG THE WEST LINE OF SAID TRACT H, A DISTANCE OF 12.00 FEET TO THE POINT OF
BEGINNING.
SAID LANDS SITUA TE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. CONTAINING 462.00 SQUARE FEET MORE
OR LESS.
li.CT!S;
U. E.
D. B.
O. R. B.
P. B.
RIll
PG.
P. B. C. R.
L. A. E.
L. II. D, D.
~
UTILITY EASEMENT
DEED BOOI(
O..ICIAL RECORD BOOI(
PLA T BOOl<
RIGHT-O.-WAY
PAGE
PALM BEACH COUNTY RECORDS
LIMITED ACCESS EASEMENT
LAI(E WORTH DRAINAGE DISTRICT
DENOTES CENTERLINE
. ll-iIS IS NOT A SKETCH OF SURVEY
. This Sketch and Description consists of two sheetJ and Is not complete without all sheets.
. This Skelch and Description Is not valid wllhaul the sitjlnalure and orltjllnal raised seal 01 0
FlO/'ida Licensed Surveyor and t.tapper.
. Bearlntjle shown hereon are based an lhe Weet Une af Tract H, Iooteadowe JOO-Plot No.2 (P.8. 48
. PG5. 194 '" 195, P.B.C.R.) South 02'42'08. Weet.
The undersltjlned and Oavtd II Cerchar. Inc., make na representatlone Of' guarantees os ta the
Information renected hereon pertalnlnll to eoeementa, rlllhle-af-way. setback linea. agreements
and other matters, and further, this Instrument Is not Intended to renect or let forth 011 such
matte,.. such Information should be obtained and conformed by ath... throutjlh appropriate tille
verfficotlon, lands shawn hereon were not abstracted fO/' rltjlhtJ-of-woy and/or easements 01 record.
. No learch of the public records wal performed by thil firm,
All Recordintjl Dolo for eOlementl. ritjlhb of wa)' and other encumbrance. ahown hereon
. ore per the plot of lAeodowl JOO-Plat No. 2. (P.B. 48. PGS. 194 & 195. P.B.C.R.) unless olherw;se
noted.
LEGEND:
THIS IS NOT A SKETCH OF SURVEY
SHEET 1 OF 2
REVISIONS
DATE
BY
CKD
FB/PG
A SXRlP OF LAND LYING
W111lIN A PORTION OF
1RACT ~ MEADOWS
JOO-PLAT NV. 2
(P.D. ~ POS. 1M d' 195, P.E. C.R.)
~~-
THEODOfotE JAY O".VlO FOR THE FIR.,.
PROFESSIONAL.. SlJR'JE.YOR AND t.tAPPER
F1..ORIOA RECISTlMnON NO, 5821
DAVID &c GENCHAR, (\lie. LB'e9J~
N/A
JOB NO:
0o-78UE
CAD, FILE:
c: \OWOS\OO-71S
DATE:
QAVID &
--'l1 ERCHAR, INC.
SURVEYORS AND MAPPERS
10750 W'w. BDI4
~Fbida33076
(9S4) · Pa: (9504) 155-0735
SCALE:
FB/PG:
--:
DRAWN BY:
N/"
CKD. BY:
RRIoot 9/20/01
'TT\ 1-..1 PROJ, FILE:
'o./Jjr0J 00-78
a..rn
Page 4
l:l~ l4ao.lH ~ 11 (j()
Doro\hy H. Wl)wen, Clerw
EXHIBIT ":\"
EASEME~T
SKETCH AND DESCRIPTION
For: Calvary Chapel
HYPLOLUXO ROAD
l1-1E NORl1-1 UNE ~ TRACT H.
J.lEADOWS JOD-PLAT NO.2
(P.S. 48, PCS. 194 &< 195, P.B.C.R.
~
1cl
~
POIN r a:' COIJIrIENCEJIO/,
l1-1E NORTHWEST CORNER ~
TRACT H. t.I~DWS JOG-PLA T NO. 2
(P.S. 48. pcs. 194 ... 195. P.B.C.R.)
~
TRACT H ~
MEADOWS 300-PLA T NO.2 0
z
(P.B. 48. PGS. 194 & 195. P.B.C.R.) <~
CIlw_
CIl~CIl
"'IX'"
~<i2
"''''~
::it~
"'::Jo
~1=11
~::J,"",
.
~
~
~
II)
UNPLA TTED
~
N 8771"52- W
THE WEST UNE OF TRACT H,
tolEAOOWS JOO-PLA T NO. 2
(P.S. 48. PGS. 194 '" '9~. P.B.C.R.)
THIS IS NOT A SKETCH OF SURVEY
SHEET 2 OF 2
REVISIONS
DATE
BY CKD
FB/PC
A S'lRD' OF LAND LYING
Wl11flN A POR170NOF
1RACT ~ MEADOWS
J()()'PLAT Na 2
(}J.B. 48, pos. 194 Jt 1.95, P.B.c.R.)
SCALE:
JOB NO:
QAVID &
--Ii ERCHAR, INC.
SURVEYORS AND MAPPERS
10750 Wibhld
Ccal Spdap. PIadda 33076
(9S4) 34O-4O'Z.! · Fa: (954) 255-0735
,. - 40'
FB/PG:
N/A
CAD, FI LE:
C: OWGS 00-78
DATE:
DRAWN BY:
CKO. BY:
Page 5