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R95-187RESOLUTION NO. R95-/,~'~' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A TEMPORARY EASEMENT AND AGREEMENT RESTORATION FOR THE OCEAN PROTECTION PROJECT; AND EFFECTIVE DATE. FOR BEACH RIDGE SHORE PROVIDING AN WHEREAS, Ocean Ridge Shore Protection Program will renourish beaches from the Boynton Inlet southward to the point past our public beach, with initial construction to commence the summer of 1996; and WHEREAS, this project will add 75 to 100 feet of frontage to our public beach; and WHEREAS, easements are required to accommodate the necessary pipelines and other equipment to transmit the sand to the beaches; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby authorizes and directs the Mayor and City Clerk to execute a Temporary Easement and Agreement for Beach Restoration for the Ocean Ridge Shore Protection Project, a copy of said Easement and Agreement being attached hereto as Exhibit "A". Section 2. passage. PASSED AND ADOPTED this This Resolution shall become effective immediately upon CITY OF day of November, 1995. ;H, FLORIDA 1/16/95 ATTEST: Clerk Return To: Elaine Fitzgerald, Palm Beach County Environmental Resources Management 3323 Belvedere Road, Building 502 West Palm Beach, Florida 33406 Temporary Easement and Aqreement For Beach Restoratio- THIS TEMPORARY EASEMENT AND AGREEMENT, made this day of , 1995 between The City of Boynton Beach, whose mailing address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425-0318, hereinafter referred to as "Grantor" and the County of Palm Beach (County), a political subdivision of the State of Florida, whose mailing address is 301 North Olive Avenue, West Palm Beach, Florida 33401, hereinafter "Grantee,,. In consideration of the mutual benefits to be derived from the beach restoration and other good and valuable consideration, the Grantor hereby grants, bargains and conveys to the Grantee a temporary non-exclusive easement on, over, upon, under, through and across the. property as follows: See Legal Description Marked Exhibit "A" Attached Hereto and Made part Hereof (hereinafter referred to as the "Easement Premises") Grantor hereby reserves the right to the continued free-use of the property in a manner not inconsistent with the rights granted herein to Grantee and subject to the following terms and conditions: 1. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication to or for the general public and this Easement shall be strictly limited to and for the purposes expressed herein. 2. Use. 'The Easement Premises may be used by Grantee, its subcontractors, agents and assigns for the purpose of beach restoration which shall allow ~Grantee to construct, operate, maintain, repair, replace and remove pipelines and other necessary equipment utilized in connection with the transmission of materials for beach restoration; to alter, grade, till, and deposit compatible sand upon the Easement Premises for the purpose of beach restoration; and to perform such other tasks to the Easement Premises as determined by the Grantee to accomplish the beach restoration; and for public access for the benefit of the citizens and visitors of the Grantee, for the purpose of accessing and using the recreational beach area in a manner consistent with Section 9.1 (Coastal Protection, N, Enforcement, Paragraph 3a) of the Unified Land Development Code of Palm Beach County, as determined by the Grantee, on, over, through and across the Easement Premises. 3. Access. Grantee shall have the right of ingress and egress over and across the Easement Premises as is necessary or desirable for the use of any right granted herein. 4. Reasonable Use. The rights and interest conveyed hereunder are conditioned upon the reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with Grantor's use of the Easement Premises. Page i of 3 5. Grantor,s Obligation. Grantor agrees not to do or commit any acts which would interfere with the rights granted to Grantee herein. Grantor expressly agrees not to move or remove any material placed upon said Easement Premises by Grantee without the prior written consent of the Grantee and the United States Army Corps of Engineers. Grantor hereby ag]~ees not to modify or revoke any. of the aforesaid rights for the full term of this Easement Agreement without prior written appro';al of the Grantee and the United States Army Corps of Engineers. Grantor specifically understands and agrees that large sums ~f money will be expended by the County, the State of Florida, the ~nited States and others and heavy obligations incurred by th~ County, the State of Florida, the United .States and others for the purpose of beach restorationl all in r~liance upon the rights granted by this Easement Agreemegt remaining Unmodified an~ unreVoked f~r the full term 0f this agreement. 6. Grantor's Representations. Grantor represents that Grantor is the lawful owner of. and ha~ good and marketable legal title to the Easement Premises, ~hat Grantor has the full r%ght, power and authority to grant this Easement and all other rights ~ranted hereunder to Grantee; that Gran~:or agrees ~hat in the event that another party attempts to and/or does set aside this Easement based on a superior right in the Easem~ act which would in any way nullify or granted hereunder, that Grantor will ta shall be necessary and appropriate to rights and interest granted hereunder. 7. Attorney's Fees. In the ev action, including but not limited to see. of its rights to enforce this Easement liable to Grantee for all costs incurr~ including, but-not limited to reasona] costs at all appellate levels. 8. Termination. It is understoo~ hereto that the rights granted herein 31, 2045. IN WITNESS WHEREOF, the Grantor a] their hands and seals on the day and ye Signed, Sealed and Delivered in the presence of: Gran (Sea Witness ~ame - Typed or Printed Name ~nt Premises or commits any interfere with the rights ke any and all action which secure in the Grantee the ent Grantee must take any ~ing judicial determination ~greement, Grantor shall be in connection therewith, attorney fees and court and agreed by the parties ~hall terminate on October ~d Grantee have set hereto ar above written. led) - Typed or Printed Witness Name - Typed or Printed Page 2 of 3 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 199 by ' who is personally known to me or who has produced as identification and who did not take an oath. Signature Name - Typed or Printed Notary Public ATTEST: DOROTHY H. WILKEN, CLERK GRANTEE: (Sealed) PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMI S S I ONERS KEN L. FOSTER By: Clerk By: Chair APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attorney Page 3 of 3 274'4- 400':1: 6450 N. OCEAN ~OIJLEVARO OF' OCEAN F~IDCE 1 STRATHROY, ONi~RIO, CANADA ALBER?A, LTDCIO CUDDY FARMS LID, TtIREE FtIRE[' SIX N/IIE llffO ZERO EROSION CONTROL LINE c~ = CENTERLINE OF ROAD E o.p. = EDGE OF PAVEMENT 12' CONTOUR LiNE AS SHOWN IS BASED ON FL. DEPARTMENT OF NATURAL RESOURCES AERIAL PHOTOS DATED OCT. 5. 1989 INFORMAllONAL DEPICTION ONLY DISTANCES ARE APPROXIMAIE THIS IS NOT A SURVEY PARCEL 15 DESCRIPTION OF EASEMENT: THAT PORTION OF THE FOLLOWING DESCRIBED PARCEL LYING EAST~ERLY OF THE APPARENT EXISTING (MAY 1995) REVETMENT CREST OR SEAWALL CAP: THE NORTH 150 FEET OF THE SOUTH 986.93 'FEET OF GOVERNMENT LOTS 1 AND 5 LYING EAST OF THE CENTERLINE OF STATE ROAD A-l-A; TOGETHER WITH: THE NORTH 450 FEET OF THE SOUTH 836.93 FEET OF GOVERNMENT LOTS I AND 5 LYING EAST OF THE CENTERLINE OF STATE ROADA-I-A; TOGETHER WITH: THE NORTH 219.41 FEET OF THE SOUTH 386.93 FEET OF GOVERNMENT LOT 5 LYING EAST OF OCEAN BOULEVARD; TOGETHER WITH: THE SOUTH 166.98 FEET OF GOVERNMENT LOT 5 LYING EAST OF SPANISH CREEK; ALL PARCELS BEING IN SECTION 22, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. [NOTE: LEGAL DESCRIPTION PROVIDED BY PALM BEACH COUNTY TAX ASSESSORS OFFICE.]