R94-45RESOLUTION NO. R94-~
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING ACCEPTANCE OF A
TEMPORARY CONSTRUCTION EASEMENT AND
DP~INAGE EASEMENT FROM RICHARD
WILHELM III AND JEAN M. WILHELM, FOR
THE COSTA BELLA DRAINAGE PROJECT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it has become necessary to provide a revised pipeline
alignment through the Sky Lake SubdiVision via N.W. 10th Court and
N.W. 6th Way; and
WHEREAS, staff has obtained a Temporary Construction Easement
and Drainage Easement for construction of a drainage pipeline from
the owner of Lot #8 of Plat I of Sky Lake Subdivision;
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 does hereby authorize acceptance of a Temporary
Construction Easement and Drainage Easement from Richard Wilhelm
III and Jean M. Wilhelm for the Costa Bella Drainage Project.
Section 2.
upon passage.
This Resolution shall take effect immediately
PASSED AND ADOPTED this //~5~ day of March, 1994.
Mayor Pr~ ~
Commissioner ~ ~
ATTEST:
Ci~ Clerk
(Corporate Seal)
Const/Drainage. Easement
CostaBella.3/15/94
Commissioner
TEMPORARY CONSTRUCTION E~$EMENT
THIS INDENTURE made this //~ day of ~a£J~. , 1994,
between Richard Wilhelm III and Jean M. Wilhelm, having an address
at 620 N.W. 10th Court , Boynton Beach, Florida ("Grantor")
expressly grants a Temporary Construction easement for the purposes
described herein to THE CITY OF BOYNTON BEACH, FLORIDA, having an
address at 100 East Boynton Beach Boulevard, Boynton Beach,
Florida, ("Grantee"), subject to the following provisions and in
consideration of the sum of Ten Dollars (S10.00) and other good and
valuable considerations paid by GRANTEE to GRANTOR, receipt of
which is hereby acknowledged by both parties.
GRANTOR is the fee simple owner of that parcel of real
property, the legal description is included herein and referred to
herein as (the "Property").
GRANTOR hereby grants, bargains and sells to GRANTEE, its
successors and assigns a Temporary easement under, over, through,
across, in and upon a portion of the Property, a legal description
described below and incorporated by reference herein (the "Easement
Area").
Being an easement of Section 20, Township 45 South, Range
43 East, Palm Beach County, Florida being more
particularly described as follows:
The Property:
Being Lot #8 of Plat I of Sky Lake Subdivision as
recorded in Plat Book 39, Page 133 of the Public Records
of Palm Beach County, Florida.
The Easement Area:
A Temporary Construction easement being the south 10 feet
of said Lot #8 of Plat I of said Sky Lake Subdivision.
GRANTEE may use the Easement Area for construction of a
drainage pipeline.
GRANTEE shall regrade the easement, replace sod and restore
any damaged features to a condition equal or better than prior to
the work being done.
GRANTEE shall warranty it's materials and workmanship of the
restored features for a period of one year after completion.
GRANTEE'S right to utilize the Easement Area shall be limited
to constructing the pipeline, restoration of GRANTOR'S property and
to make required repairs to those features of the property restored
during the one year warranty period.
GRANTEE shall take such precautions as may be necessary to
protect GRANTOR'S property outside the easement from damage.
GRANTOR may for its own purposes utilize the Easement Area and
shall retain a right of free ingress and egress under, over, and
upon the Easement Area, provided that, in no event, shall any of
the rights herein reserved to GRANTOR impede the easement herein
granted or the exercise of the rights of use there under.
The provisions of this easement shall be binding on the
GRANTOR its successors and assigns as a covenant running with and
binding upon the Easement Area.
This easement shall not be released or amended without the
express written consent of the GRANTEE as evidences by a document
signed with the same formalities as this document.
This easement shall expire one year after completion of the
work and restoration of the easement by the GRANTEE at the same
time that the "Warranty Period" ends.
GRANTEE shall record this document in the Public Records of
Palm Beach County, Florida.
IN WITNESS WHEREOF, GRANTOR has hereunto set his hand and seal
on the day and year first above written.
, sealed and delivered
Priht Name
Richard Wilhelm III
Print Name
GRANTOR
J~ea~n M. Wilhelm
Print Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, the foregoing
instrument as acknowledged by Richard Wilhelm II~, and Jean M.
Wilhelm who are known to me or who have produced ~%~~j
as identification and who di~take an oath.
My Commission Expires: ~~~
Property Appraisers
Identification No:
DBAINAGE EASEMENT
THIS INDENTURE made this Il'L~ day of~rfT~A~_ , 1994,
between Richard Wilhelm III and Jean M. Wilhelm, having an address
at 620 N.W. 10th Court , Boynton Beach, Florida ("GRANTOR")
expressly grants a perpetual easement for the purposes described
herein to THE CITY OF BOYNTON BEACH, FLORIDA, having an address at
100 East Boynton Beach Boulevard, Boynton Beach, Florida,
("GRANTEE"), subject to the following provisions and in
consideration of the sum of Seven Thousand Three Hundred Ninety
Dollars ($7,390.00) and other good and valuable considerations paid
by GRANTEE to GRANTOR, receipt of which is hereby acknowledged by
both parties.
GRANTOR is the fee simple owner of that parcel of real
property, the legal description of which is included below and
referred to herein as (the "Property").
GRANTOR hereby grants, bargains and sells to GRANTEE, its
successors and assigns a perpetual easement under, over, through,
across, in and upon a portion of the property, a legal description
described below and incorporated by reference herein (the "Easement
Area").
Being an easement of Section 20, Township 45 South, Range
43 East, Palm Beach County, Florida being more
particularly described as follow:
The Property:
Being Lot #8 of Plat I of Sky Lake Subdivision as
recorded in Plat Book 39, Page 133 of the Public Records
of Palm Beach County, Florida.
The Easement Area:
A drainage easement being the South 7.00 feet of Lot #8
of Plat I of Sky Lake Subdivision as recorded in Plat
Book 39, Page 133 of the Public Records of Palm Beach
County, Florida.
to
GRANTEE may use the Easement Area for drainage improvements.
GRANTEE'S right to utilize the Easement Area shll be limited
the extent that GRANTEE may install and maintain a storm
drainage pipeline and may use the easement for no other purpose.
GRANTOR may furnish an easement to other utilities that cross
this easement provided, further, that any such easements do not
interfere with the easement granted herein.
GRANTOR may for its own purposes utilize the Easement Area and
shall retain a right of free ingress and egress under, over, and
upon the Easement Area, provided that, in no event, shall any of
the rights herein reserved to GRANTOR impede the easement herein
granted or the exercise of the rights of use there under.
The provisions of this easement shall be binding on the
GRANTOR its successors and assigns as a covenant running with and
binding upon the Easement Area.
This easement shall not be released or amended without the
express written consent of the GRANTEE as evidences by a document
signed with the same formalities as this document.
GRANTEE shall record this document in the Public Records of
Palm Beach County, Florida.
IN WITNESS WHEREOF, GRANTOR has hereunto set his hand and seal
on the day and year first above written.
.Si~_~ed, sealed and delivered
Print Name v ~ ~ ~,--.
Print Name
Richard Wilhelm III
Print Name
GRANTOR
Jean M. Wilhelm
Print Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, the foregoing
instrument as acknowledged by Richard Wilhelm III, and Jean M.
Wilhelm who are known to me o~ have produced ~, e ~z~
as identification and who di~not~ _~ ~
My Commission Expires:
~NOTARy FUBDC S~ATE OF FLOReAl Print or Type
] COMMISSION NO. CC294176 [
[ MY COMMISSION EXP./UNE 13,1997 ~