R16-152 1 RESOLUTION R16-152
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, GRANTING A UTILITY EASEMENT TO FLORIDA
5 POWER & LIGHT FOR A PERPETUAL AND TEMPORARY
6 CONSTRUCTION EASEMENT TO FACILITATE THE
7 UNDERGROUNDING OF ELECTRIGAL UTILITY FACILITIES
8 ALONG DIMICK ROAD AS PART OF THE CASA DEL MAR
9 PROJECT; AUTHORIZING THE MAYOR TO SIGN THE
10 UTILITY EASEMENT; AND PROVIDING AN EFFECTIVE
11 DATE.
12
13 WHEREAS, on March 2, 2015, the City Commission approved site plan (NWSP
14 14-004) for the Casa del Mar project; and
15 WHEREAS, the developer, as a condition of the approval, has agreed to
16 underground the existing electrical utility facilities along Dimick Road from Federal
17 Highway to Lake Drive; and
18 WHEREAS, the easement will allow FPL to install, construct, operate and
19 maintain overhead and underground electric utility facilities upon, on, over, across and
20 under the portion of the Dimick Road right of way as depicted in Exhibit "A" of the
21 ' easement agreement; and
22 WHEREAS, FPL has required a temporary construction easement for the
23 construction of the Facilities upon, on, over, across and under the portion of the Dimick
24 Road right of way as depicted in Exhibit"A" of the easement agreement.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
26 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
28 as being true and correct and are hereby made a specific part of this Resolution upon adoption
29 hereof.
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30 Section 2. The City Commission of the City of Boynton Beach, Florida does
31 hereby approve the granting of a Utility Easement from the City of Boynton Beach to the
32 Florida Power & Light for the installation, construction, operation and maintenance of
33 underground electric utility facilities along Dimick Road from Federal Highway to Lake
34 Drive; and authorizes the Mayor to sign the Utility Easement Agreement, a copy of which is
35 attached hereto as Exhibit"A".
36 Section 3. This Resolution will become effective immediately upon passage.
37 PASSED AND ADOPTED this /-5—'4'day of /6/4; i u12/7- , 2016.
38
39 CITY OF BOYNTON BEACH, FLORIDA
40
41 YES NO
42
43 Mayor— Steven B. Grant
44
45 Vice Mayor—Mack McCray
46
47 Commissioner—Justin Katz
48
49 Commissioner—Christina L. Romelus
50
51 Commissioner—Joe Casello /
52
53
54 VOTE G�
55
56 ATTEST:
57
58
59 �
60 JudiYh A. Pyle, CMC
61 Cif‘Clerk •
62 .
63
64 :` x.
65 (Corporate Seal)
gam
1 41S
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I L - ) SCA
CH `t° OF B ok l 1 TUD' i BEACH
CITY CL.ERK'S OFFICE
(SEC 2 2 1
This instrument prepared by:
David N. Tolces, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 E. Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
EASEMENT AGREEMENT
C-F111 2C,1604-26699
x.4,.26
THIS EASEMENT AGREEMENT ( "Agreement ") made this day of
, 2016, by and between Florida Power & Light Company, a Florida corporation,
its affiliates, licensees, agents, successors, and assigns ( "FPL ") whose address is P.O. Box
14000 Attn: CRE /JB, Juno Beach, Florida 33408 -0420, and the City of Boynton Beach, a Florida
municipal corporation, ( "CITY ") whose address is 100 East Boynton Beach Boulevard,
Boynton Beach, Florida 33435 -7934;
RECITALS:
WHEREAS, the CITY is the owner of that certain real property located in Boynton
Beach, Florida, more particularly described on attached Exhibit A ( "Property ");
WHEREAS, the CITY desires to grant a perpetual easement to FPL for the installation,
construction, operation, and maintenance of overhead and underground electrical utility
facilities, including wires, poles, guys, cables, conduits, and appurtenant equipment (collectively
"Facilities ") upon, on, over, across, and under the portion of the Property depicted on attached
Exhibit "A" ( "Easement Area ") to provide electricity to properties located within the CITY;
WHEREAS, in addition to the perpetual easement, the CITY also desires to grant FPL a
temporary construction easement for the construction of the Facilities upon, on, over, across, and
under the portion of the Property depicted on attached Exhibit A ( "Temporary Easement
Area "); and
WHEREAS, once installed, the Facilities will be maintained by FPL, and, if necessary,
further replaced by FPL; and
WHEREAS, the parties hereto have concluded that the most efficient manner in which to
achieve the purposes and goals set forth above would be through the entering into this
Agreement, together with granting FPL a right of entry on to the Property for the installation,
construction, operation, and maintenance of the Facilities, in accordance with the terms of this
Agreement;
NOW, THEREFORE, in consideration of the mutual promises contained herein and
Ten and No /100 ($10.00) Dollars and other good and valuable consideration, the receipt,
sufficiency, and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
{00123021.2 306 - 900182-1 }
I. The aforesaid recitals are true and correct and are incorporated herein by this
reference.
2. The CITY hereby grants and conveys to FPL a permanent perpetual easement for
the installation, construction, operation, and maintenance of the Facilities to be installed from
time to time, with the right to reconstruct, improve, add to, enlarge, change the voltage as well as
the size of and remove such Facilities or any of them within the Easement Area, together with
the right to permit FPL to attach or place wires to or within any facilities hereunder and lay cable
and conduit within the Easement Area, and to operate the same for FPL's communications
purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the
land and keep it cleared of all trees, undergrowth and other obstructions within the Easement
Area, which might interfere with or fall upon the lines or systems of communications or power
transmission or distribution; the right to trim and cut and keep trimmed and cut all dead, weak,
leaning, or dangerous trees or limbs outside of the Easement Area, which might interfere with or
fall upon the lines or systems of communications or power transmission or distribution.
3. This Agreement is a permanent perpetual easement and shall not be changed,
altered or amended except by an instrument in writing executed by FPL and the CITY or their
respective successors and assigns.
4. The CITY further agrees to sign any applications and documents for any permits
which FPL may be required to submit to any local, state, or federal agency in association with
the installation and maintenance of the Facilities. FPL, agrees to pay any and all fees associated
with obtaining any permits from any local, state, or federal agency for the installation of the
Facilities.
5. In association with the CITY's grant and conveyance of this Agreement, the CITY
shall use its best good faith efforts to obtain a consent and subordination agreement from any
person or corporation that holds a mortgage or other property interest in the Property.
6. The CITY also hereby grants and conveys to FPL a temporary construction
easement upon, on, over, across, and under the Temporary Easement Area for the purpose of
constructing the Facilities.
7. FPL shall ensure that any portion of the Property damaged by FPL pursuant to
this Agreement is returned to as near as its original condition as practical by FPL as of the date
FPL commenced such use, at the FPL's own cost, provided such damage is not caused by the
City's negligence. This includes any pavement improvements and related roadway
improvements removed as part of FPL's installation of the Facilities.
8. Both the perpetual and temporary easements and all conditions and covenants set
forth herein are intended to be and shall be construed as covenants running with the land, binding
upon and inuring to the benefit of FPL and the CITY, as the case may be, and their respective
heirs, successors and assigns, including, without limitation, all subsequent owners and /or tenants
of the Easement Area, the Property, and all persons claiming by, through and under them.
100:23021.2 306 - 9001821}
9. In the event of any litigation in connection with this Agreement, the prevailing
party shall be entitled to recover court costs and reasonable attorney's fees.
10. If any provision in this Agreement shall be determined to be invalid by a court of
competent jurisdiction, then such provision or determination shall not affect any other provisions
of this Agreement, all of which other provisions shall remain in full force and effect.
11. The CITY represents and warrants that it is lawfully seized and possessed of the
Easement Area and Property, that it has a good and lawful right to convey the easements set forth
in this Agreement, and that the Property and Easement Area is free from all encumbrances.
Signed and Sealed the day and year first above written.
ATTEST:
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida
By:
Steven B. Grant, Mayor
(SEAL)
My Commission expires: ) i w.. _
Notary Public, State of Florida
Tammy L. Stanzione
TANZIONE
'z MY COMMISSION # FF213683
''�,« EXPIRES March 25, 2019
K
00 7r 338 -0'53 nv ySe
Printed Name of Notary Public
{00123021.2 306- 9001821}
Ottice of the City Attorney
Signed, sealed and delivered in
the presence of:
FLORIDA POWER & LIGHT COMPANY,
a Florida Corporation
M .
Sign All tj
Print Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
Signature
The foregoing instrument was acknowledged before me this day of ' , 2016 by
Samantha J gauc193r , as Arm Rea! Estate b%t Cda Power & Light Co pan ;, a Florida
corporation who is personally known to me or has produced a Florida Driver's License as identification.
NOTARY PUBLIC
L mlas
,. t
{001 23021 2 306 - 9001821}
Exhibit A
Property, Easement Area and Temporary Easement Area
{001230212 306 - 9001921}
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CAULFIELD & WHEELER, INC.
CIVIL ENGINEERING
LANDSCAPE ARCHITECTURE - SURVEYING
D 7900 GLADES ROAD - SUITE 100
BOCA RATON, FLORIDA 33434
PHONE (561)- 392 -1991 / FAX (561)- 750 -1452
DIMICK ROAD
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PHONE (561)- 392 -1991 / FAX (561)- 750 -1452
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