R16-047 1 RESOLUTION NO. R16 -047
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING THE ACCEPTANCE OF A
5 10' UTILITY EASEMENT FROM WHITE ROSE HOMES
6 LLC., FOR THE PROPERTY LOCATED AT 133 W.
7 MARTIN LUTHER KING JR., BLVD; AND PROVIDING
8 FOR AN EFFECTIVE DATE.
9
10
11 WHEREAS, the City previously acquired the southerly ten feet (10') of property from
12 White Rose Homes, LLC., at the same address for purposes of installing improvements
13 associated with the Model Block Program; and
14 WHEREAS, this additional 10' easement will provide the City with the ability to
15 install and improve utilities within the easement granted by White Rose Homes, LLC.,; and
16 WHEREAS, the City Commission upon recommendation of staff, deems it
17 appropriate to authorize the acceptance of a 10' Utility Easement from White Rose Homes
18 LLC., for the property located at 133 W. Martin Luther King Jr., Blvd.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
22 being true and correct and are hereby made a specific part of this Resolution upon adoption
23 hereof.
24 Section 2. The City Commission of the City of Boynton Beach, Florida does
25 hereby authorize the acceptance of a 10' Utility Easement from White Rose Homes LLC., to
26 the City for the property located at 133 W. Martin Luther King Jr., Blvd., a copy of the
27 Utility Easement is attached hereto and incorporated herein as Exhibit "A."
28 Section 3. That this Utility Easement will be recorded in the Public Records of
29 Palm Beach County, Florida.
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30 Section 4. This Resolution shall become effective immediately upon passage.
31 PASSED AND ADOPTED this 0`day of ‘ 124,4,-(---4— -; 2016.
32 CITY OF BOYNTON BEACH, FLORIDA
33
34 YES NO
35
36 Mayor — Jerry Taylor
37
38 Vice Mayor — Joe Casello
39
40 Commissioner — Justin Katz
41
42 Commissioner — Mack McCray
43
44 Commissioner — Michael M. Fitzpatrick
45
46 CVO
47 VOTE
48
49 ATTEST:
50
51 ,
53 Judi' A. Pyle, CMC / f
54 Ijterim City Clerk
55
56 57 °-�k &E.°p;
58 (Corporate Seal) hfy , .'''
59 4
174
S: \CC \WP \Resolutions\2016\R16 -047 Accept_ Utility_ Easement _(White_Rose)_- _Reso.docx
Prepared by and Return to:
Kenneth W. Dodge, Esquire
Lewis, Longman & Walker, P.A.
515 North Flagler Drive, Suite 1500
West Palm Beach, FL 33401
EASEMENT
THIS INDENTURE made this a-j day of cru(, A.D., 2016, By White Rose Homes, LLC,
a limited liability company existing under the laws of the State of Florida, and having its
principal place of business at 22 Country Lake Circle, Boynton Beach, Florida 33436, first party,
to the City of Boynton Beach, a political subdivision of the State of Florida, second party:
WITNESSETH
Whereas, the first party is the owner of property situate in Palm Beach County, Florida, and
described as follows:
Legal Description
THE NORTH 10 FEET OF THE SOUTH 20 FEET OF LOTS 20 AND 21,
BLOCK 1, THE FRANK WEBBER ADDITION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 3, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
CONTAINING 1000 SQUARE FEET, MORE OR LESS.
and,
WHEREAS, the second party desires a utility easement for construction and maintenance of
utility facilities; including cable systems and /or other appropriate purposes incidental thereto, on,
over and across said Property,
and,
WHEREAS, the first party is willing to grant such an casement,
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
OO6IO309.2 1
hereby grant a perpetual easement, on over and across the above described property for said
purposes.
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 WHITE ROSE HOMES, LLC
In the presence of:
By:
Signature, les White, Managing Member
/)/' /tit
Print Name y
A /(•, // / > C ATTEST:
Signature Secretary
1/1/
Print Name
(CORPORATE SEAL)
STATE OF `t) _ t
COUNTY OF % �f
0 4. (J�
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
C9unty , 1 oar aid to take acknowledgments, personally appeared
LJJA[ , well known to me to be the Managing Member of
the Corporation named as first party in the foregoing Easement and that they severally
acknowledged executing the same in the presence of two subscribing witnesses freely and
voluntarily, under authority duly vested in them by said Corporation, and that the seal affixed
thereto is the true Corporate seal of said Corporation.
ITNESS hand and officials� in the ountry and . tate last aforesaid this
day of A.D., 20 ) i(1
Q X1/Aliel /1 f
otary Public in an • for the
State and County aforesaid.
My commission expires:
!"' s, 17�IESAt1T1EPwcK
R MY COMMISSION
OM SS1CN I FF 078493
.. , • EXPIRES: January 11, 21118
Bonded Th attar/ Pubic
00610309.2 — -` f