R17-083 . 1 RESOLUTION R17-083
2
• 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING AN EASEMENT
5 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
6 AND FLORIDA POWER & LIGHT FOR A PERPETUAL
7 EASEMENT TO FACILITATE THE UNDERGROUNDING OF
8 ELECTRICAL UTILITY FACILITIES ALONG NORTHEAST 6TH
9 COURT AND BOYNTON BEACH BOULEVARD AS A PART OF
10 THE OCEAN ONE PROJECT; AUTHORIZING THE MAYOR TO
11 SIGN THE EASEMENT AGREEMENT; AND PROVIDING AN
12 EFFECTIVE DATE.
13
14 WHEREAS, on April 4, 2017, the City Commission approved site plan (NWSP
15 16-002) for the Ocean One project; and
16 WHEREAS, the developer, as a condition of the approval, has agreed to replace
17 existing street lighting adjacent to site's frontage with underground decorative street
18 lighting along NE 6th Court and Boynton Beach Boulevard; and
19 WHEREAS, FPL has required a perpetual easement for the installation,
20 construction, operation and maintenance of underground electrical utility facilities as
21 depicted in Exhibit "A" of the easement agreement; and
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
23 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
25 as 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 approve the granting of a Utility Easement from the City of Boynton Beach to the
29 Florida Power & Light to facilitate the undergrounding of electrical utility facilities along NE •
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30 6th Court and Boynton Beach Boulevard as part of the Ocean One project; and authorizes the
31 Mayor to sign the Utility Easement Agreement, a copy of which is attached hereto as Exhibit
32 "A".
33 Section 3. This Resolution will become effective immediately upon passage.
34 PASSED AND ADOPTED this 7th day of September, 2017.
35
36 CITY OF BOYNTON BEACH, FLORIDA
37
38 YES NO
39
40 Mayor— Steven B. Grant
41
42 Vice Mayor—Justin Katz
43
44. Commissioner—Mack McCray =5e2,/
45
46 Commissioner—Christina L. Romelus
47
48 Commissioner—Joe Casello
49
50
51 VOTE `�
52
53 ATTEST:
54 —'411,1404:W1.•
55
56 i� xa� 4" •
57 Jua h A. Pyle, CM. 411 a' U
58 Clerk
59 °. 4rf
61
62 (Corporate Seal)
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Files\Content.IE5\SATNOEVN\Utility_Easement_(FPL_NE_6th_Court)__Reso.Doc
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
THIS EASEMENT AGREEMENT ("Agreement") made this day of
, 2017, 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, 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:
1. 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
{00123021.2 306-9001821)
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. 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.
7. The perpetual 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.
8. 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.
9. 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.
10. 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.
{00123021.2 306-9001821}
Signed and Sealed the day and year first above written.
ATTEST: CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida
By:
Judith A. Pyle, City Clerk Steven B. Grant, Mayor
Approved as to Form:
(SEAL)
Office of the City Attorney
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this day of
20 , by Steven B. Grant, as Mayor of the City of Boynton Beach who is personally known to
me or has produced as identification.
My Commission expires:
Notary Public, State of Florida
Printed Name of Notary Public
(00123021.2 306-9001821)
Signed,sealed and delivered in FLORIDA POWER&LIGHT COMPANY,
the presence of: a Florida Corporation
Area Real Estate Manager
BY:
�� Samantha J. Saucier
Sign Name Member
Michelle M.Kahn= , <
Print Name r./ /.4h' it_ C.-L/-7
Signature
11'1 Q. A.
Sign Name
Marta Hull
Print Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this VS( day of I f' , 2017 by
Samantha J. Saucier , asestategoing & Light Comn. y, a Florida
corporation who is personally known to me or has produced a orida Driver's License as identification.
`e t - . .„MtALOW
L
NOTARY PUBLIC
=oa r"s Notary Public State of Florida
Michelle M Kahmann
h -., oQ My Commission FF 901483
'7'.o'Al, Expires 09/18/2019
{00123021.2 306-9001821}
Exhibit A
Property,Easement Area
{00123021.2 306-9001821}
I.*r 1.i�'t
947 Clint Moore RoadTel:(561)241-9988
Boca Raton,Florida 33487 S U R V E Y I N GMAPPING Fax:
Certificate of Authorization No,LB7264 (561)241-5182
SKETCH AND LEGAL DESCRIPTION
(NOTA SURVEY)
OCEAN ONE - TEN FOOT WIDE F.P.L. EASEMENT
LEGAL DESCRIPTION
A 10.00 FOOT WIDE STRIP OF LAND BEING A PORTION OF BOYNTON BEACH 1
BOULEVARD AND N.E. 6TH COURT IN THE NORTHWEST ONE-QUARTER OF
SECTION 27, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, INCLUDING PORTIONS OF LOTS 1 THROUGH 6, "FUNK BROS.
ADDITION TO THE TOWN OF BOYNTON", AS RECORDED IN PLAT BOOK 2 AT
PAGE 13 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, •
AND A PORTION OF LOTS 39, 41 AND 42 "DEWEY'S SUBDIVISION", AS
RECORDED IN PLAT BOOK 1 AT PAGE 37 OF SAID PUBLIC RECORDS, ALL IN
ACCORDANCE WITH THE "AGREEMENT PLAT" AS RECORDED IN PLAT
BOOK 10 AT PAGE 2 OF SAID PUBLIC RECORDS, THE CENTERLINE OF SAID
STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: I
I
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27; THENCE
NORTH 89° 55'38" EAST, ALONG THE NORTH LINE OF SAID SECTION 27, A
DISTANCE OF 60.70 FEET; THENCE SOUTH 00° 04'22" EAST, A DISTANCE OF
30.02 FEET TO THE POINT OF BEGINNING 1 OF SAID STRIP OF LAND (SAID ,
POINT LYING ON A LINE 60.00 FEET EAST OF AND PARALLEL WITH THE
WEST LINE OF SAID SECTION 27; THENCE NORTH 88° 37'00" EAST, A
DISTANCE OF 0.68 FEET TO A POINT LYING ON THE ARC OF A CIRCULAR
•CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS SOUTH
55° 32'51" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE,
HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 55° 28'29", A
DISTANCE OF 29.05 FEET TO THE POINT OF TANGENCY; THENCE NORTH
89° 55'38" EAST, ALONG A LINE 17.00 FEET SOUTH OF AND PARALLEL WITH
THE NORTH LINE OF SAID SECTION 27, A DISTANCE OF 221.56 FEET;
THENCE SOUTH 80° 36'22" EAST, A DISTANCE OF 30.40 FEET; THENCE SOUTH
12° 29'07" EAST, A DISTANCE OF 33.79 FEET; THENCE SOUTH 01° 43'30" EAST,
ALONG A LINE 2.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF
SAID LOTS 39 AND 42, A DISTANCE OF 170.76 FEET; THENCE SOUTH i
00° 05'18" EAST, A DISTANCE OF 70.03 FEET TO A POINT TO BE KNOWN AS
REFERENCE POINT A; THENCE SOUTH 01° 43'30" EAST, ALONG SAID WEST
LINE OF LOTS 39 AND 42, A DISTANCE OF 95.00 FEET TO THE POINT OF
TERMINATION.
TOGETHER WITH:
CERTIFICATION
!HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON
COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN
CHAPTER 5J-17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND
DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE
AND BELIEF PREP D UNDER MY DIRECTION.
f/
SU1 OR ANDAPP MAPPER
4
FLORIDA LICENSE NO. LS5111
iI
i
Project Nome. OCEAN ONE OATS. 05/17/2017
JOB NO. 04175 owc BY. JSH
CK'O By. JEK SHEET 1OF 3 'i
ii
it
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
BEGINNING (2) AT THE AFOREMENTIONED REFERENCE POINT A; THENCE
SOUTH 88° 16'30" WEST, A DISTANCE OF 15.00 FEET TO THE POINT OF
TERMINATION.
SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH
COUNTY, FLORIDA.
NOTES
1. • REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. F
2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH
AND DESCRIPTION.
3. BEARINGS SHOWN HEREON ARE BASED ON THE WEST LINE OF THE NORTHWEST ONE-
QUARTER OF SECTION 27, HAVING A BEARING OF NORTH 01°23'00" WEST, ACCORDING TO
THE STATE PLANE COORDINATE SYSTEM, STATE OF FLORIDA, EAST ZONE, NORTH AMERICAN
DATUM OF 1983, 1990 ADJUSTMENT.
ABBREVIATIONS
L • ARCLENGTH
CONC. • CONCRETE
COR. CORNER M
D • DELTA (CENTRAL ANGLE)
L.B. • LICENSED BUSINESS •
L.S. • LICENSED SURVEYOR
O.R.B. • OFFICIAL RECORDS BOOK
P.O.B. • POINT OF BEGINNING
P.O.C. • POINT OF COMMENCEMENT
P.B. •
• PLAT BOOK
P.B.C.R. • PALM BEACH COUNTY RECORDS
PG. • PAGE
P.S.M. • PROFESSIONAL SURVEYOR
8 MAPPER
R/W • RIGHT-OF-WAY
f4
PS
•
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JOB NO. 04175 Protect Nom, OCEAN ONE DWG 8Y. JSH SCALE( N/A
co Byi JEK DATE: 05/19/2017 SHEET 2 OF 3
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til - - - 1P N89° 551 ';EL22i.56' - N - — - -r - — - — - — - — - — - - -
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IOCEAN AVENUE (SR 804)
JOB NO. 04175 Project Name. OCEAN ONE DWG BY. JSH SCALE. 1"•80'
CK'D By, JEK DATE. 05/19/2017 SHEET 3 OF 3 r
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