R19-0602
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RESOLUTION R19- U 6 C.-)
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO
SIGN THREE (3) GENERAL UTILITY EASEMENTS FOR THE
TOWN SQUARE PROJECT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, as part of the construction process for the Town Square project, it is
necessary to execute and record three (3) general utility easements to provide permanent
utilities to the buildings.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission does hereby approve and authorize the Mayor
to sign three (3) general utility Easements to provide permanent utilities to the buildings in the
Town Square project, copies of which are attached hereto as Composite Exhibit "A".
Section 3. This Resolution will become effective immediately upon passage.
C:\Users\Stanzionet\Wppdata\Local\Microsoft\Windows\Inetcache\IE\94XIWK7N\General_Utility_Easement (Town_Square)_-_Reso.Docx
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PASSED AND ADOPTED this � day of 3LL-n e , 2019.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant
Vice Mayor — Justin Katz
Commissioner — Mack McCray ✓
Commissioner — Christina L. Romelus
Commissioner — Ty Penserga
VOTE S7-0
ATTEST:
Judith A. Pyle, CMC
City Clerk
(Corporate Seal)
h
N it: `
• ha ;
o OXY.; a
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C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\lnetcache\IE\94XI W K7N\General_Utility_Easement_(Town_Square)_-_Reso.Docx
This instrument prepared by:
Sean M. Swartz, Esq.
Goren, Cherof, Doody & Ezrol, P.A.
3099 E. Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
CITY OF BOYNTON BEACH
UTILITY EASEMENT DEDICATION
On this day of2019, the City of Boynton Beach, a
municipal corporation of the Ste of Florida, having an address of P.O. Box 310,
Boynton Beach, Florida 33425 (hereinafter "GRANTOR"), expressly grants an easement
to franchised utilities (as defined as those companies having a contract with the
GRANTOR to use the GRANTOR'S public rights of way) and governmental entities
(hereinafter "GRANTEE") subject to the following provisions.
GRANTOR is the fee simple owner of that parcel of real property, a legal description of
which is attached hereto as Exhibit "A", and incorporated by reference herein,
(hereinafter the "Property").
GRANTOR hereby dedicates to GRANTEE, its successors and assigns, a perpetual, non-
exclusive easement under, over and upon a portion of the Property, a legal description of
which is attached hereto as Exhibit `B" and incorporated by reference herein, (hereinafter
"the Easement Area").
GRANTEE may use the Easement Area to construct, maintain, repair, install, operate and
rebuild all public and/or franchised utilities in, over, under, through, upon and/or across
the Easement Area for said purposes.
{00308043.1306-9905263}
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 thereunder.
The provision of the 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 GRANTOR as evidenced by a document signed with the same formalities as this
document.
GRANTOR shall record this document in the Public Records of Palm Beach County,
Florida.
(The remainder of this page is intentionally left blank)
(00308043.1306-9905263)
IN WITNESS WHEREOF, GRANTOR has hereunto set this hand and seal on the day
and year first above written.
City Clerk
as
City"Attorley: • : G
Signed, sea; 6aYr
E
Ir:
ieiivered in presence of
(Signature of first witness)
SHAYLA ELLIS
7(Pri=nnameoffirst itness)
"lure of second witness)
/1Z1
VmU , �gljkSOA)
(Printg(l name of second witness)
(00308043.1306-9905263)
GRANTOR:
CITY OF BOYNTON BEACH, FLORIDA
X— /S " , 45��L—
Steven B. Grant, Mayor
NCH
(SEAL) �O{ ��
��
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�..............
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared Steven B.
Grant, Mayor of the City named in the foregoing agreement 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 City and that the City seal affixed thereto is the true
corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this day
of 12019.
NOTARY PUBLIC
My Commission Expires: > -�-
(00308043.1 306-9905263)
Print or Type N Ta L. Sta ftW
(Notary Seal)
+P".+�► TAWYL8iANZiONE
# *
C0006"86005158
s EdnaIrhmh25,2023
PARCEL 6, BOYNTON BEACH TOWN SQUARE, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 127, PAGES 1 THROUGH 5 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
(00308043.1 306-9905263)
EXHIBIT `B"
A VARIABLE WIDTH STRIP OF LAND LYING WITHIN A PORTION
OF PARCEL 6, BOYNTON BEACH TOWN SQUARE, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 127, PAGES 1
THOUGH 5 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 6;
THENCE NORTH 01003'51" WEST (AS A BASIS OF BEARINGS)
ALONG THE WEST LINE OF SAID PARCEL 6, A DISTANCE OF 3.00
FEET TO A POINT BEING ON A LINE LYING 3.00 FEET NORTH OF
AND PARALLEL WITH (AS MEASURED AT RIGHT ANGLES) THE
SOUTH LINE OF SAID PARCEL 6; THENCE NORTH 89°42'10" EAST
ALONG SAID PARALLEL LINE, A DISTANCE OF 431.67 FEET;
THENCE NORTH 00017'50" WEST, A DISTANCE OF 34.83 FEET TO
A POINT HEREINAFTER REFERRED TO AS REFERENCE POINT
"A"; THENCE NORTH 89042'10" EAST, A DISTANCE OF 78.10 FEET
TO A POINT BEING ON THE EAST LINE OF SAID PARCEL 6;
THENCE SOUTH 01022'44" EAST ALONG THE EAST LINE OF SAID
PARCEL 6, A DISTANCE OF 37.84 FEET TO THE SOUTH LINE OF
SAID PARCEL 6; THENCE SOUTH 89042'10" WEST ALONG THE
SOUTH LINE OF SAID PARCEL 6, A DISTANCE OF 510.45 FEET TO
THE POINT OF BEGINNING.
LESS AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED
PARCEL OF LAND:
COMMENCING AT THE AFORESAID REFERENCE POINT "A";
THENCE SOUTH 52'59'26" EAST, A DISTANCE OF 16.50 FEET TO
THE POINT OF BEGINNING; THENCE SOUTH 00°17'50" EAST A
DISTANCE OF 24.83 FEET TO A POINT BEING ON A LINE LYING
3.00 FEET NORTH OF AND PARALLEL WITH (AS MEASURED AT
RIGHT ANGLES) THE SOUTH LINE OF SAID PARCEL 6; THENCE
NORTH 89042'10" EAST ALONG SAID PARALLEL LINE, A
DISTANCE OF 53.63 FEET TO A POINT BEING ON A LINE LYING
12.00 FEET WEST OF AND PARALLEL WITH (AS MEASURED AT
RIGHT ANGLES) THE EAST LINE OF SAID PARCEL 6; THENCE
NORTH 01022'44" WEST ALONG SAID PARALLEL LINE, A
DISTANCE OF 24.83 FEET; THENCE SOUTH 89°42'10" WEST, A
DISTANCE OF 53.16 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN SECTION 28,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON
BEACH, PALM BEACH COUNTY, FLORIDA.
CONTAINING 2,937 SQUARE FEET MORE OR LESS.
{00308043.1 306-9905263}
,�IC�-(,-6c,--
This instrument prepared by:
Sean M. Swartz, Esq.
Goren, Cherof, Doody & Ezrol, P.A.
3099 E. Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
CITY OF BOYNTON BEACH
UTILITY EASEMENT DEDICATION
On this \_ day of , 2019, the City of Boynton Beach, a
municipal corporation of the St e of Florida, having an address of P.O. Box 310,
Boynton Beach, Florida 33425 (hereinafter "GRANTOR"), expressly grants an easement
to franchised utilities (as defined as those companies having a contract with the
GRANTOR to use the GRANTOR'S public rights of way) and governmental entities
(hereinafter "GRANTEE") subject to the following provisions.
GRANTOR is the fee simple owner of that parcel of real property, a legal description of
which is attached hereto as Exhibit "A", and incorporated by reference herein,
(hereinafter the "Property").
GRANTOR hereby dedicates to GRANTEE, its successors and assigns, a perpetual, non-
exclusive easement under, over and upon a portion of the Property, a legal description of
which is attached hereto as Exhibit `B" and incorporated by reference herein, (hereinafter
"the Easement Area").
GRANTEE may use the Easement Area to construct, maintain, repair, install, operate and
rebuild all public and/or franchised utilities in, over, under, through, upon and/or across
the Easement Area for said purposes.
(00308042.1306-9905263)
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 thereunder.
The provision of the 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 GRANTOR as evidenced by a document signed with the same formalities as this
document.
GRANTOR shall record this document in the Public Records of Palm Beach County,
Florida.
(The remainder of this page is intentionally left blank)
(00308042.1306-99052631
IN WITNESS WHEREOF, GRANTOR has hereunto set this hand and seal on the day
and year first above written.
GRANTOR:
CITY OF BOYNTON BEACH, FLORIDA
r" IV
'Steven B. Grant, Mayor
.�= CH
(SEAL) �•• •• '�
r �---� SAO .��. P,i�i
ity Clerk iZt_�/�c�fi- ' •• �'•' O : g O ...r
(4 '
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Cit Atto$�• : '{ I
Signed, sdaldd a •delidered in presence of:
of first witness)
SHAYLA ELLIS
of second witness)
of second witness)
{00308042.1 306-9905263)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared Steven B.
Grant, Mayor of the City named in the foregoing agreement 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 City and that the City seal affixed thereto is the true
corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this N day
of , 2019.
9 NOTARY PUBLIC
My Commission Expires:.
(00308042.1306-9905263)
Print or Type Nam 7df1'1111 ftnS v
(Notary Seal)
TAMMYLSiI1NMK
C4=jWw#GG30615S
��os
EVk14M &25,20Q3
ppq��p�NNodrylM�
EXHIBIT "A"
PARCEL 6, BOYNTON BEACH TOWN SQUARE, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 127, PAGES 1 THROUGH 5 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
{00308042.1306-9905263}
EXHIBIT `B"
A 10.00 FOOT WIDTH STRIP OF LAND LYING WITHIN A PORTION
OF PARCEL 6, BOYNTON BEACH TOWN SQUARE, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 127, PAGES 1
THOUGH 5 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST WESTERLY NORTHWEST CORNER OF
SAID PARCEL 6; THENCE SOUTH 01°33'51" EAST (AS A BASIS OF
BEARINGS) ALONG THE WEST LINE OF SAID PARCEL 6, A
DISTANCE OF 149.66 FEET; THENCE NORTH 90°00'00" EAST, A
DISTANCE OF 13.22 FEET; THENCE SOUTH 00°41'27" EAST, A
DISTANCE OF 53.19 FEET; THENCE SOUTH 82°19'41" WEST, A
DISTANCE OF 12.48 FEET TO A POINT BEING ON THE WEST LINE
OF SAID PARCEL 6; THENCE SOUTH 01°33'51" EAST ALONG THE
WEST LINE OF SAID PARCEL 6, A DISTANCE OF 10.06 FEET;
THENCE NORTH 82019'41" EAST, A DISTANCE OF 22.40 FEET;
THENCE NORTH 00041'27" WEST, A DISTANCE OF 61.92 FEET;
THENCE NORTH 90000'00" EAST, A DISTANCE OF 8.47 FEET;
THENCE NORTH 00000'00" WEST, A DISTANCE OF 10.00 FEET;
THENCE SOUTH 90000'00" WEST, A DISTANCE OF 21.97 FEET TO
A POINT BEING ON A LINE LYING 10.00 FEET EAST OF AND
PARALLEL WITH (AS MEASURED AT RIGHT ANGLES) THE WEST
LINE OF SAID PARCEL 6; THENCE NORTH 01033'51" WEST ALONG
SAID PARALLEL LINE, A DISTANCE OF 149.71 FEET TO A POINT
BEING ON THE NORTH WESTERLY LINE OF SAID PARCEL 6;
THENCE SOUTH 44004'15" WEST ALONG THE NORTHWESTERLY
LINE OF SAID PARCEL 6, A DISTANCE OF 13.99 FEET TO THE
POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN SECTION 28,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON
BEACH, PALM BEACH COUNTY, FLORIDA.
CONTAINING 2,515 SQUARE FEET MORE OR LESS.
{00308042.1 306-99052631
,-� n - C)Gn
This instrument prepared by:
Sean M. Swartz, Esq.
Goren, Cherof, Doody & Ezrol, P.A.
3099 E. Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
CITY OF BOYNTON BEACH
UTILITY EASEMENT DEDICATION
On this day of2019, the City of Boynton Beach, a
municipal corporation of the Siof Florida, having an address of P.O. Box 310,
Boynton Beach, Florida 33425 (hereinafter "GRANTOR"), expressly grants an easement
to franchised utilities (as defined as those companies having a contract with the
GRANTOR to use the GRANTOR'S public rights of way) and governmental entities
(hereinafter "GRANTEE") subject to the following provisions.
GRANTOR is the fee simple owner of that parcel of real property, a legal description of
which is attached hereto as Exhibit "A", and incorporated by reference herein,
(hereinafter the "Property").
GRANTOR hereby dedicates to GRANTEE, its successors and assigns, a perpetual, non-
exclusive easement under, over and upon a portion of the Property, a legal description of
which is attached hereto as Exhibit `B" and incorporated by reference herein, (hereinafter
"the Easement Area").
GRANTEE may use the Easement Area to construct, maintain, repair, install, operate and
rebuild all public and/or franchised utilities in, over, under, through, upon and/or across
the Easement Area for said purposes.
100308040.1306-9905263)
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 thereunder.
The provision of the 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 GRANTOR as evidenced by a document signed with the same formalities as this
document.
GRANTOR shall record this document in the Public Records of Palm Beach County,
Florida.
(The remainder of this page is intentionally left blank)
(00308040.1306-9905263)
IN WITNESS WHEREOF, GRANTOR has hereunto set this hand and seal on the day
and year first above written.
City Clerk
Annrovod as to o
Attorney
Signed, sealed and del 4i esence of -
(Signature of first witness)
SHAYLA ELLIS
(Printed namegf first
(Sigrratu#of second witness)
U J "") 0#/Zjs
(Printed n e of second witness)
{00308040.1306-9905263}
GRANTOR:
CITY OF BOYNTON BEACH, FLORIDA
ven B. Grant, Mayor
0N.........�,��
X111'
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(SEAL) ie :'"
•' p
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�'�, gyp''• ..... •
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared Steven B.
Grant, Mayor of the City named in the foregoing agreement 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 City and that the City seal affixed thereto is the true
corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this D) day
of , 2019.
NOTARY PUBLIC
'Print or Type Na
My Commission Expires: ?j o�.� �� TaR1KY L. Sta
(Notary Seal)
yt►r rc
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TAl1YlY L STAOONE
Op�OnS(sd305156
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't�pd�
E�sM"25,2023
oadaVANCp�tMa"s 4'e1
(00308040.1306-99052631
0:i:11.131
PARCELS 4 & 5, BOYNTON BEACH TOWN SQUARE, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 127, PAGES 1 THROUGH 5 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
{00308040.1 306-9905263}
EXHIBIT "B"
A VARIABLE WIDTH STRIP OF LAND LYING WITHIN A
PORTION OF PARCELS 4 & 5, BOYNTON BEACH TOWN
SQUARE, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 127, PAGES I THOUGH 5 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL
5; THENCE SOUTH 89°44'11" WEST (AS A BASIS OF BEARINGS)
ALONG THE NORTH LINE OF SAID PARCEL 5, A DISTANCE OF
58.35 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
SOUTH 89044'11" WEST ALONG THE NORTH LINE OF SAID
PARCEL 5, A DISTANCE OF 10.00 FEET; THENCE SOUTH
00°15'49" EAST, A DISTANCE OF 132.65 FEET; THENCE SOUTH
89044'41" WEST, A DISTANCE OF 69.02 FEET TO A POINT
BEING ON THE WEST LINE OF SAID PARCEL 5; THENCE
SOUTH 01033'51" EAST ALONG THE WEST LINE OF SAID
PARCEL 5, A DISTANCE OF 10.00 FEET; THENCE NORTH
89°44'41" EAST, A DISTANCE OF 68.79 FEET; THENCE SOUTH
00-15'49" EAST, A DISTANCE OF 18.10 FEET; THENCE NORTH
89°46'58" EAST, A DISTANCE OF 55.55 FEET; THENCE SOUTH
00003'53" EAST, A DISTANCE OF 92.79 FEET; THENCE SOUTH
89°42'13" WEST, A DISTANCE OF 116.94 FEET TO A POINT
BEING ON THE SOUTHWESTERLY LINE OF SAID PARCEL 5;
THENCE SOUTH 45055'45" EAST ALONG THE SOUTHWESTERLY
LINE OF SAID PARCEL 5, A DISTANCE OF 14.30 FEET; THENCE
NORTH 89042'13" EAST, A DISTANCE OF 118.68 FEET; THENCE
NORTH 00003'53" WEST, A DISTANCE OF 74.34; THENCE
NORTH 89056'07" EAST, A DISTANCE OF 16.16 FEET; THENCE
NORTH 00003'53" WEST, A DISTANCE OF 12.00 FEET; THENCE
SOUTH 89056'07" WEST, A DISTANCE OF 16.16 FEET; THENCE
NORTH 00003'53" WEST, A DISTANCE OF 16.43 FEET; THENCE
NORTH 00000'00" WEST, A DISTANCE OF 10.00 FEET; THENCE
SOUTH 89046'58" WEST, A DISTANCE OF 76.71 FEET; THENCE
NORTH 000 15'49" WEST, A DISTANCE OF 150.76 FEET TO THE
POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN SECTION 28,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON
BEACH, PALM BEACH COUNTY, FLORIDA.
CONTAINING 5,609 SQUARE FEET MORE OR LESS.
(00308040.1306-9905263)