R08-095
n I
1 RESOLUTION NO. R08-ofs'
21
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING
5 AN EASEMENT FROM INTERNATIONAL CHURCH
6 TRUST #1 TO THE CITY OF BOYNTON BEACH, FOR
7 WATER AND SEWER UTILITIES AND/OR OTHER
8 APPROPRIA TE PURPOSES INCIDENTAL THERETO,
9 ON, OVER AND ACROSS SAID PROPERTY; AND
10 PROVIDING FOR AN EFFECTIVE DATE.
11
12 WHEREAS, it is the desire of the City to accept from International Church Trust #1
13 an Easement for water and sewer utilities, more specifically described in Exhibit "A" attached
14 hereto; and
15 WHEREAS, this Easement will allow ingress and egress and constructing, installing,
16 operating, maintaining, repairing, altering and replacing potable water and sanitary sewer
17 improvements by the City of Boynton Beach; and
18 WHEREAS, the City Commission upon recommendation of staff, deems it in the best
19 interest of the health, safety, and welfare of the citizens and residents of the City and
20 appropriate to accept the Easement from International Church Trust #1 to the City of Boynton
21 Beach, Florida, a copy of which is attached hereto and made a part hereof.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27 Section 2. The City Commission of the City of Boynton Beach, Florida does
28 hereby accept the Easements from International Church Trust #1 to the City of Boynton
s \CA\RESO\AgreementSlUtiljtje~nrinity Church Easementdoc
II I
1 Beach, Florida, for water and sewer utilities and/or other appropriate purposes incidental
2 thereto, on, over and across said property, a copy of said Easement is attached hereto as
3 Exhibit "A",
4 Section3. This Resolution shall become effective immediately upon passage.
5 PASSED AND ADOPTED this ~ day of August, 2008.
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
10
11
12 --- ..---
13 Vice Mayor - Jose Rodri
14
15
16 Commis ioner - Ronald Weiland
17 A ~~~
18
19 com~one7 WOOdrzay
20
21 - -'--'7;;;~ A
'---- J ~-?-L-' ~'
22 Commissioner - Marlene Ross
23
24
25
26 (l
27
28',
29
30
31 (Corporate Seal)
32
S \CA\RESO\Agreements-Utilities-Trjnity Church Easementdoc
EASEMENT
THIS INDENTURE made this sP day of August, 2008, by International Church Trust #1, a
trust existing under the laws of Florida and having its principal place of business at 7255 South
Military Trail, Lake Worth, Florida 33436, first part, to the City of Boynton Beach, a political
subdivision of the State of Florida, second party:
(Wherever used herein, the terms, "first party" and "second party" shall
include singular and plural, heirs, legal representatives and assigns of
individuals and the successors and assigns of corporations, wherever the
context so admits or requires)
WITNESSETH
Whereas, the first party is the owner of property situate in Palm Beach County, Florida, and
described as follows:
Legal Description:
See Legal Descriptions attached hereto as Exhibit "A" and Exhibit "B"
and,
WHEREAS, the second party desires an easement for water and sewer utilities and/or other
appropriate purposes incidental thereto, on, over and across said Property,
and,
WHEREAS, the first party is willing to grant such an easement,
NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running
and one dollar and other good and valuable considerations, the first party does hereby grant unto
the party of the second part, its successors and assigns, full and free right and authority to
construct, maintain, repair, install and rebuild facilities for above stated purposes and does
hereby grant a perpetual easement, on over and across the above-described property for said
purposes,
CITY shall ensure that all of the first party's property disturbed and used by CITY pursuant to
this Easement is returned to its original condition by CITY as of the date CITY commenced such
I
use, at the CITY'S own cost. This includes repair of damage to any irrigation damaged during
the construction, and the replacement of any landscaping damaged or removed as part of the
CITY'S installation of the improvements.
IN WITNESS WHEREOF, the first party has caused these presents to be duly executed in its
name and its corporate seal to be hereto affixed, attested by its proper officers thereunto duly
authorized, the day and year first above written.
Signed, sealed and delivered
In the presence of:
BY
ST A TE 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 DANA BEYER, well
known to me to be the trustee of the Trust named as first party in the foregoing Easement and
that they acknowledged executing the same in the presence of a subscribing witnesses freely and
voluntarily, under authority duly vested in them by said Trust.
....-WITNESS JY hand and official seal in the and State last
pfo/ day of. t{ 1ft! 5 T A.D., 2008.
1---.......
My commission expires:
NOTARY PUBUC-SIA}'E OF EOPJDA
~ Lynn M. Swanson
Commission # DD478174
Expires: NOY. 17, 2009
lip">!,,..! Tl}ru Atlantic BGndir,'" Co" Inc.
2
O'BRIEN, SUITER & O'BRIEN, INC.
LAND SURVEYORS
955 NoW. 17TH AVENUE, SUITE K-l PHONE (561) 276-4501
DELRA Y BEACH, FLORIDA 33445 FAX (561) 276-2390
JUNE 25, 2008
DESCRIPTION OF NEW 12 FOOT WATER MAIN EASEMENT, CENTERLINE OF WHICH
BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE PLAT OF MILITARY 10,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 83, PAGES 191
AND 192, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE
S.3d28'49"W., ALONG THE WEST LINE OF SAID PLAT OF MILITARY 10, A DISTANCE
OF 241.22 FEET; THENCE S.88d32'54"W., A DISTANCE OF 55.99 FEET; THENCE
N.Od41 '47"E., A DISTANCE OF 55.29 FEET; THENCE N.Od03'55"W., A DISTANCE OF
263.81 FEET; THENCE S.89dOl '49"W., A DISTANCE OF 116.28 FEET; THENCE
N.Od49'14"W., A DISTANCE OF 259.04 FEET TO A POINT DESCRIBED AS POINT "E"
OF THE 12 FOOT WATER MAIN EASEMENT AS DESCRIBED IN OFFICIAL RECORDS
BOOK 14592, PAGE 1018; THENCE S.87dI5'50"W., A DISTANCE OF 33.00 FEET TO THE
TERMINUS POINT OF SAID EASEMENT AND THE POINT OF BEGINNING FOR THIS
EASEMENT; THENCE N89d45'06"W., A DISTANCE OF 138.52 FEET; THENCE
S.Od20'41"E., A DISTANCE OF 262.35 FEET TO THE TERMINUS POINT OF THIS
EASEMENT.
THE SIDELINES OF SAID EASEMENT TO BE EXTENDED OR SHORTENED TO MEET
AT ALL ANGLE POINTS AND TO TERMINATE AT THE WEST END OF THAT
CERTAIN EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 14592, PAGE
1 0 18 AS PREVIOUSL Y DESCRIBED ABOVE.
~A Ob~
PAUL D. ENG
SURVEYOR & MAPPER #5708
~ XH 1.(5""- It It IJ
O'BRIEN, SUITER & O'BRIEN, INC.
LAND SURVEYORS
955 N.W. 17TH A VENUE, SUITE K-l PHONE (561) 276-4501
DELRA Y BEACH, FLORIDA 33445 FAX (561) 276-2390
JUNE 25,2008
DESCRIPTION OF NEW 12 FOOT SEWER EASEMENT:
COMMENCING AT THE NORTHEAST CORNER OF THE PLAT OF MILITARY 10,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 83, PAGES 191
AND 192, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE
N.4d39'08"E., ALONG THE WEST RIGHT OF WAY LINE OF MILITARY TRAIL (STATE
ROAD 809), A DISTANCE OF 264.90 FEET; THENCE S.67d30'55"W., A DISTANCE OF
274.79 FEET; THENCE S.89d22'52"W., A DISTANCE OF 297.29 FEET; THENCE
S.59dI2'16"W., A DISTANCE OF 278.44 FEET TO THE POINT SHOWN AS POINT "A"
OF SAID EASEMENT DESCRIBED IN OFFICIAL RECORDS BOOK 14592, PAGE 1017;
THENCE N.49d06'53"W., A DISTANCE OF 110.62 FEET TO THE POINT OF BEGINNING;
THENCE N.24d52'35"E., A DISTANCE OF 6.24 FEET; THENCE N.81d07'57"W., A
DISTANCE OF 206.97 FEET; THENCE S.8d52'03"W., A DISTANCE OF 12.00 FEET;
THENCE S.81d07'57"E., A DISTANCE OF 203.53 FEET; THENCE N.24d52'35"E., A
DISTANCE OF 6.24 FEET TO THE POINT OF BEGINNING.
~Q~D~
PAUL D. ENGLE
SURVEYOR & MAPPER #5708
"6//
E- )(#1131 r