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R93-51RESOLUTION NO. R93-~/ A RESOLUTION OF THE CITY C0~94ISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A TEMPORARY EASEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND WALBOYN DEVELOPMENT CORP., AND CARRIAGE HOMES DEVELOPMENT, INC.~ A COPY OF SAID EASEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission, upon recommendation of staff, hereby authorizes and directs the Mayor and City Clerk to execute a Temporary Easement Agreement between the City of Boynton Beach and Walboyn DeveloPmen~ Co~p., and Carriage ~omes Development, Inc., which provides the non-exclusive easement of passage and use, both pedestrian and vehicular, on, over and across the offs ~rea f~or private road purposes~ as well as the sement fQr maintenance and construction ~f public utilities ~nd cable television facilities. NOW~ THEREFORE~ BE IT RESOLVED ~Y THE CITY COMMISSION OF THE CITY OF ~OYNToN 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 Agreement between the City of Boynton Beach and Walboyn Development Corp., and Carriage Homes Development, Inc., which provides the non-exclusive easement of passage an~ use, both pedestrian and vehicular, on, over and across the offsite easement area for private road purposes, as well as ~he non,exclusive easement for maintenance and construotio~ of public utilities and cable television facilities, which Easement is attached hereto as Exhibit "A". Section 2. This Resolution shall take effect im=mediately upon passage~ PASSED AND ADOPTED this /~ day of March, 1993. CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: 'Ci~ Clerk Vice Com~i~er Comanis sion~ (Corporane Seaii Authsig. WP5 W=lbo~n/Ca~.Homes TEMPORARY EASEMENT AGREEMENT THIS TEMPORARY EASEMENT AGREEMENT, made and entered into this ~Z~ day of February, 1993, by and between WALBOYN DEVELO~ CORP., a ~ Maine corpora~tion ("Walbeyn"), CARRIAGE HOMES DEVELOPMENT, INC.~ a Florida~orpora~ion ~"Carriage Homes and the CITY OF BOYNTON BEACH, FLORIDA, a munici:pa~, corporation, ("City"). RECITALS WHEREAS, Walboyn is the fee simple owner of that certain parcel of real property (th~ "Walboyn Real Property") situate, lying and being in Palm BeaCh County, Florida more particularly described in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, Carriage Homes~ is the fee simple owner of that certain parcel of real prloperty (the "Carriage Homes Real Property") situate, lying and being in Palm Beach County, Florida more particularly described in Exhibit "B" attached hereto and made a part hereof; and WHEREAS, Walboyn desires to grant to Carriage Homes and to the City and Carriage Homes and the City desire to receive from Walboyn a temporary, non-exclusive easement of passage and use, both pedestrian and vehicular, on, over and across that portion of the Walboyn Real Property more particularly described in Exhibit "C" attached hereto and made a part hereof (the "Offsite Easement Area"); and WHEREAS, Walboyn desires to grant to Carriage Homes and to the City and Carriage Homes and the City desire to receive from Walboyn a temporary, non-exclusive easement for the maintenance and construction~ of public utilities and cable television facilities on, over and across the Offsite Easement Area. NOW, THEREFORE, in consideration of the premises and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements and cove- nants are made: 1. GRANT OF EASEMENT FROM WALBOYN TO CARRIAGE HOMES AND THE CITY. Walboyn hereby grants to Carriage Homes--and its successors and assigns and to the City as an easement appurtenant to the Carriage Homes Real Property, a temporary, non-exclusive easement of passage and use, both pedestrian and vehicular, on, over and across the Offsite Easement Area for private road purposes. Walboyn hereby fur~er grants to Carriage Homes and its successors and assigns and to the City as an easement appurtenant to the Carriage Homes ~eal Property, a temporary, non-exclusive easement for the maintenance and construction of public utilities and cable television facilities on, over and across the Offsite Easement Area. The easements established, created and granted hereby shall be for the benefit of, and restricted solely to the City and to the owners from time to time of the Carriage Homes Real Property, but any such owner may grant the benefit of such easement, license, right and privilege to the tenants of such owner(s) now or hereafter occupying any improvement(s) located FEB :,9 upon the Carriage Homes Real Property for the duration of such tenancy. Other than the limited easement rights granted herein, any and all rights in and to the Walboyn Real Property are expressly reserved to Walboyn. 2. DIVISION OF CARRIAGE HOMES REAL PROPERTY. If the Carriage H~-~-~-~T--~-~-~-~-~-'-~-~ed into two or more parts or parcels by se@arat~ion of ownership, the owner s) of each "~"'~ ~ '~ ' ~ · such sepa:rate part o~.pa, rcel~ shal.1 be sub3ect to the ease- ment hereby created in.favOr o~ t~e City and the Carriage Homes Real P:~Qpert~ ~,d: n~ ;s,~h'~:~d.i~]i~6.h167 ~he'~C~friage Homes Real Property, rega~dles~ 0¢~;~5e num~-.?~ separa~ pa~t~ or parcels, ~hal 1,,ih:~ ijd~e~' ~9, 'u:~:l~q:~i.~)~'~:e ~h~ b,~ent~n~a~ use ~ the easem~n~ ~,~,~eb~?,~e~t~ ~n~ ~a.~Qr ~e~ ~ {~e, ,C,¥~", ~a~m~, ~he~ ~r'r 3 aqe WARRANTY OF TITLE. a. Walboyn warrants that it is the owner of the fee simple title to the Wat:b~yn Rea) Property. b. Carriage Homes ,warrants that it is the owner of the fee simple title, to l~he CaP~-i~age'~Homes Real Property. 4. ATTORNEYS FEES. In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs at all trial and appellate levels. 5. ENFORCEMENT. The easements, restrictions, benefits and obligations hereunder shall create servitudes upon the Walboyn Real Property, running with the land. This Agreement shall create privity of contract and/or estate with and among all grantees of the fee simple title in and to all or any portion of the Walboyn Real Property, their heir~, personal representatives, administrators, successors or assigns. In:the event of a breach, or attempted or threatened breach, by any owner hereafter of'any portion of the Walboyn Real Property in any of the terms, covenants and con- ditions hereof, the owner(s) of the Carriage Homes Real Property and/or the City shall be entitled forthwith to full and adequate relief by injunction and/or al,1 such other available legal and equitable remedies from the consequences of such breach. 6. GOVERNING LAW. This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of Florida. 7. MAINTENANCE OF OFFSITE EASEMENT ARE~. The owner of' the Walboyn '~[~'operty ~-n-'d--~ owner -~--the Carriage Homes Real Property shall be jointly responsible, and shall share costs on a 50/50 basis, for construction, maintenance or repair on or to the Offsite Easement Area. Either owner may initiate and perform constructiom, maintenance or repair on or to the Offsite Easement Area and shall be entitled to contribution from the other owner for 50% of the costs therefor. 8. DURATION. This Agreement shall terminate upon the recordation amongst the public records of Palm Beach County, Florida of a plat o¢ the Walboyn Real Property, approved by the City. 2 IN WITNESS WHEREOF, the Temporary Easement Agreemens written. pa~ties hereto have executed this the day and year first above WALBOYN DEVELOPMENT CORP., a ~ai~oration Its Vice President CARR:A~'//JMES DEVEL~/~ENT, INC., a F 1 o mild ~/c~o r~ o r a t i ~,~- By: CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation By: STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY acknowledged before I993, by Thomas T. Development Corp., a and who is personally My Commission Expires: STATE OF FLORIDA COUNTY OF PALM BEACH CERTIFY that the foregoing instrument was me this 4th day of February McMurrain, the Vice President of Wa]boyn Maine corporation, wh~Q did not take an oath known to me./~ /, // / N a m e: ca~in~ CAROL KING C o m m i s ~T~ ~-~5~--~-...-~o_~.~'_ t~u,~, $~, ~ o~ CC 093838 I HEREBY CERTIFY that the foregoing instrument was acknowledged before me thi S4th day of February , 1993, by Andrew Berger, a~--~ident of --~-~-~-~-{age '~s Development, Inc., a Florida corporatio~n, who did not take an oath and who is personally known/~o me./, My Commission Expires: STATE OF FLORIDA COUNTY OF PALM BEACR I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this day of , 1993, by , as of the City of Boynton ~q~--~%~q-(f~, a municipal corporat{on, who did not take an oath and who is personally known to me. My Commission Expires: Notary Public Name: Commission No.: 3 Exhibit "A" Walboyn Real Property A portion of CONGRESS LAKES - PLAT, NO. i ~P.U..D.) as recorded in Plat Book 46, Page 124 of the Public ~Rec,o~ds o~ Palm Beach County, being.more part'icularl¥ described ~ foll6ws: BEGINNING at the Southwest corner of said Plat :of CONGRESS LAKES, thence North 01°4~'21' East a distance of~ 161'5J47 feet;. thence North 44747'08" i.East a distance of ,45.0p: fee,t; ~thQ~e North 61°18'35'~EaS~ a~d~istance of 92.01 fe6t; {h~nde North '0~°44'21" East ~ 292.00 thence 88 East a dista then( a thence Sour) L-16 (Boy ING. Su~ and rich,s-of )rd. ~d being in Boynton Bea Im~ Beach Count 3.17 acres mDne' or less. Exhibit "B" Carriage Homes Real Property A parcel of land, being part of the Southeast quarter of Section 18, Township 45 South, Range 43 East, and being part of the North half of the N~theast 1/4 Section 19, Township 45 South, Range 43 East, in Palm Beach County, Florida and being more particularly described as follows: Commencing at the East 1/4 corner of Section 18, thence S 89o05'09'' W, a distance of 50.05 feet, along part of the North line of the Southeast 1/4 of Sect~en 18, to a poiQt on the West R~gh~-of-WAy,line of Congress A~enue as described in O.R.B. 1290, Page"~519~ 't'~en~e s ~9~0'5'09'' w, a distance ~f:I30'1.4~eet, along part of the North line of the §ou~heas~ 1~4~ o.f S~ction 18; tQ the East line of a tract as described in a deed from N.R. Field to B~3206 sa~d Eas~ ~$bed e N of ~f~he ~d ~ a a Exhibit "C" Offsite Easement Area N.E CORNER OF 9. 60.07'~,~ P.O. C l _BRASS DISC. SO0~ E 1242.86' LINE OF CONGRESS AVENUE. LAKES PLAT NO.I (,P.)J.D ) RI). 4,6, PGS . 128- 1~9 ' S01'22'28"E ', , - -52 69' ~ 56,'16 48" ' ~ 11~.0.0,' NO1'22'28"W 114.93 'R~'I~IAL 83'11 '15 = 60.00' L = 87.11' NOl'4.4'21"E 64.83' 37:74' AREA=36,505 SQ.FT. 16; S88'15'39" 52.88' /" = 85'1,3'4.2" R = 73.00' L = 108.59' ~z~ 2.64: o.o, NO1',~-'21"E ..r-~ ~ SEE CARRIAGE HOMES ~I,A~PLA i i ED) ---' GRAPHIC SCAT,R OFFSITE ACCESS EASEMENT. S,~__KETCH OF DESCRIPTION CARRIAGE HOMES. 1 /neh = 80 i% NOTE: THIS IS NOT A SURVEY. Shalloway, Foy, Rayman & Newell, Inc. PLANNERS SURVEYORS PARCEL OF LAND LYING IN SECTION 19, ~k~TiCULARLY DESCRIBED AS THE TOWNSHIP 45 SOUTH, AND BEING MORE FEET TO A POINT OF AND THE NORTH RIGHT 165.47 THENCE N 61'18'35" E, A POINT OF BEQINNINQ; THENCE DISTANCE OF 2.64 FEET; THENCE N 32.66 FEET; THENCE S 88°15'39" E, N 01'44'21" E, A THENCE pOINT OF CURVATURE OF A HAviNG A RADIUS OF 60.0~ SAID CURVE, THROUGH A LENGTH OF 87.11 FEET; THENCE N 37.74 FEET; THENCE S 88~15'39" E,~ ON A CURVE, CONCAVE TO OF 117.00 FEET, S 35°27s33'' W; THENCE A CENTRAL ANGLE OF 56'16'48", TO A POINT OF TANGENCY; THENCE S 285~11 FEET TO A POINT OP THENORTHEAST, AND HAVING A sO, EASTERLY ALONG SAID CURVE 85~113,42,,, AN ARC LENGTH S '22'28" E, A DISTANCE OF CONCAVE TO THE NORTHEAST FEET, WHOSE CENTER BEARS.N 01'22~ ALONG SAID CURVE THROUGH A AR~ LENGTH OF 203.14 FEET TO N 01°44'21" E, A DISTANCE OF N $8~15'39" W, A DISTANCE OF 57.16 BEQINNXN~. CONTAINING 36505 sQUARE FEET. OF SAID TO THE A OF OF SURVEYOR'S cERTIFICATE I HEREBY CERTIFY THAT TO THE BEST' OF MY KNOWLEDGE AND BELIEF THAT THE SKETCH REPRESENTED HEREON COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS, AS SET FORTH BY THE F~ORIDA 8OARD OF LAND SURVEYORS, PURSUANT TO SECTI~ 472.027 FLORIDA- STATUTES. NOTE: 1. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 2. THE SKETCH IS BASED ON INFORMATION FURNISHED BY CLIENT OR cLIENT'S REPRESENTATIVE. 3. T~f~ SKETCH IS NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. JUL 1 8 ..~,~ ~~I~XD, R.L.S. t 2633 89108.