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R20-068 1 RESOLUTION R20-068 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND ACCEPTING A CONSTRUCTION 5 AND PERMANENT DRAINAGE EASEMENTS FOR THE 6 INSTALLATION OF NEW DRAINAGE PIPE SYSTEM AT 2601 N. 7 LAKE DRIVE IN THE LAKESIDE GARDENS NEIGHBORHOOD AND 8 AUTHORIZE THE RECORDING OF THE EASEMENTS WITH A 9 LUMP SUM COST PAYMENT OF$12,500.00 FOR THE PERMANENT 10 EASEMENT AND $10.00 FOR THE TEMPORARY CONSTRUCTION 11 EASEMENT; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, Boynton Beach Utilities is implementing a drainage improvements 14 project(Potter and Demick) in the Lakeside Gardens Neighborhood that requires an additional 15 36 inches stormwater outfall system along the south property line at 2601 N. Lake Drive ; 16 and 17 WHEREAS, the completion of the project will enable the City to provide an 18 improved stormwater management level of service to the residents of the Lakeside Gardens 19 neighborhood; and 20 WHEREAS,Staff is requesting the City Commission to approve,have recorded in 21 the public records and authorize funds to obtain the construction and permanent drainage 22 easement needed for the construction new pipe; and 23 WHEREAS, the permanent easement will be 10 feet wide and the adjacent 24 construction easement will be 8 feet wide,both of which are 163 feet long extending along 25 the south property line from the Lake drive east right of way to the high water line of the 26 Lake Worth Lagoon. 27 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE 28 CITY OF BOYNTON BEACH,FLORIDA,THAT: 29 Section 1. The foregoing"Whereas"clauses are hereby ratified and confirmed as S:\CA\RESO\2601 N Lakeside Drive Easements-Reso.Docx 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. The City Commission of the City of Boynton Beach, Florida does 33 hereby approve and accepting a construction and permanent drainage easements for the installation of 34 new drainage pipe system at 2601 N.Lake Drive in the Lakeside Gardens Neighborhood and authorize 35 the recording of the easements with a lump sum cost payment of$12,500.00 for the permanent easement 36 and$10.00 for the temporary construction easement, a copy of which is attached hereto as Exhibit 37 "A". 38 Section 3. This Resolution will become effective immediately upon passage. 39 PASSED AND ADOPTED this di day of July, 2020 40 CITY OF BOYNTON BEACH, FLORIDA 41 YES NO 42 43 Mayor—Steven B. Grant 44 45 Vice-Mayor—Ty Penserga 46 47 Commissioner—Justin Katz 48 49 Commissioner—Woodrow L. Hay c/ 50 51 Commissioner—Christina L.Romelus 52 53 VOTE S'10 54 ATTEST: 55 56 " ✓. rt 57 C .tal Gibson, MM 58 City Clerk 59 60 lit t)t 61 (Corporate Seal)` .� lc ?+D yip 62 C-' 63 "� 132 L.) two ,, S:\CA\RESO\2601 N Lakestat ,Driye kNewefl's-Reso.Docx AGREEMENT THIS Agreement ("Agreement") is made and entered into on this �_ day of;�c,,`W, 2020, by and between Robert Michael and Denise A. Messingschlager,las Trustees of the ROBERT MICHAEL MESSINGSCHLAGER AND DENISE A. MESSINGSCHLAGER REVOCABLE TRUST AGREEMENT DATED MARCH 8, 2018, , hereinafter collectively referred to as "MESSINGSCHLAGER", and CITY OF BOYNTON BEACH, FLORIDA, hereinafter referred to as "CITY"; WHEREAS, MESSINGSCHLAGER is the owner of certain real property located in the City of Boynton Beach, Palm Beach County, Florida, commonly known as 2601 N. Lake Drive, Boynton Beach, Florida, with Parcel Control Number (PCN) 08-43-45-15-02-000-0950, of which CITY is obtaining two easements, to wit: a Temporary Construction Easement and Outfall Easement (the "Outfall") over, under, and across portions thereof, more specifically described in both Exhibit "A" of the Temporary Construction Easement and the Outfall Easement attached hereto and incorporated herein ("PROPERTY") ; and WHEREAS, CITY is a municipality organized and existing in accordance with the provisions of Florida Statutes Chapter 165 et al and located in Palm Beach County, Florida; and WHEREAS, MESSINGSCHLAGER and CITY desire to enter into this agreement pursuant to which MESSINGSCHLAGER shall grant to City the aforementioned Temporary Construction Easement and Outfall Easement over, under, and across the PROPERTY; and WHEREAS, CITY agrees to pay all costs in connection with the granting of said easements affecting the PROPERTY in a one time lump sum payment of Twelve Thousand Five Hundred and 00/100 Dollars ($12, 500 . 00) payable to MESSINGSCHLAGER at execution of the Temporary Construction Easement and Outfall Easement ("Cost Payment") ; and WHEREAS, MESSINGSCHLAGER shall execute certain instruments in favor of the CITY conveying the Easements . NOW THEREFORE, in consideration of the sum of Ten Dollars ($10 . 00) , and other good and valuable consideration, receipt of which is hereby acknowledged, it is agreed as follows : 1 . The above-stated recitals are true and correct. 2 . Within five business days after the effective date hereof, MESSINGSCHLAGER shall execute and deliver to CITY the Temporary {00376239.2 306-9001821) Construction Easement and Outfall Easement together with their respective sketch and legal description attached thereto. CITY will record and provide MESSINGSCHLAGER a certified copy of same. 3 . Prior to commencing construction, CITY will provide MESSINGSCHLAGER a digital set of construction plans and drawings together with copies of all permits necessary for same. Upon completion of construction which it shall occur no later than 24 months after commencement of construction, CITY will provide MESSINGSCHLAGER a copy of the certificate of completion of same together with copies of final lien waivers from each contractors, subcontractor and material provider furnishing labor and materials or services for construction activity within the Easements. 4 . CITY shall promptly repair any and all damage done to MESSINGSCHLAGER' s residence, landscaping, seawall and driveway occurring during construction or thereafter as a result of construction or ongoing operation of the Outfall. Specifically, CITY acknowledges that construction of the Outfall shall necessitate disturbance of the driveway and the seawall and same shall be repaired, replaced, or reinforced to its existing condition prior to construction including any disturbed seawall tie-ins . 5 . CITY agrees that should any work be required in the future for purposes of maintenance, repair or replacement of the Outfall, CITY shall promptly restore the area located within the Easement and any other areas owned by MESSINGSCHLAGER as may be disturbed by work performed for such purpose. 6. CITY agrees to coordinate with AT&T and cause relocation of the cable TV utility pole from the southwest corner of MESSINGSCHLAGER' S property and replace the fence currently located within the Temporary Construction Easement and Outfall Easement with a like kind fence, if replacement with the current fence is not possible. 7 . MESSINGSCHLAGER shall cause to be removed or disposed, the mature palm trees located within the Temporary Construction Easement and Outfall Easement prior to commencement of construction on the Property. The City shall notify MESSINGSCHLAGER at least thirty (30) days prior to commencement of construction. 8 . CITY acknowledges and agrees that the Outfall shall be of {00376239.2 306-9001821} precast concrete construction and should drainage of MESSINGSCHLAGER' S property be negatively impacted CITY shall take prompt action to correct same. 9. To the extent permitted by law and subject to the limitations of Section 768 . 28 F. S. , CITY agrees to indemnify, defend and hold MESSINGSCHLAGER harmless from any liability or damages including all actual costs and attorneys' fees associated therewith arising from city' s construction and ongoing maintenance of the Outfall. 10. This agreement may be canceled, changed, modified or amended in whole or in part only by a written instrument executed by MESSINGSCHLAGER and CITY. 11 . In the event of any litigation arising out of or with respect to this agreement, the prevailing party shall recover all costs and expenses, including, but not limited to, reasonable attorney' s fees, expert witness fees and all other costs, including all such costs with respect to any appellate proceedings or any proceedings in bankruptcy. 12 . This agreement shall be governed by the laws of the State of Florida. Any controversy or proceeding arising from this agreement shall be in the circuit court and for the county in which the easements are located. MESipi GS :OPP ARobert Michael Messingschlager, as Trustee w . .1 lb - Denise A. Messingschl- .r, as Trustee [00376239.2 306-90018211 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing was executed and acknowledged before me on this 30 4-1 day of 3✓v , 2020, by Robert Michael Messingschlager and Denise A. Messingschlager, as Trustees, by means ofphysical presence or ❑ online notarization. They are pe sonall no _• me or have produced as identifica .n. O;c;.VP('•. STEPHEN S.MATHISON �• = MY COMMISSION#GG 341875 Notary Publ EXPIRES:September 22,2023;��� P Commis on : res : "-FOF Ft° Bonded Thru Notary Public Underwriters •. �Tr [Seal] CITY: THE CITY OF BOYNTON BEACH, FLORIDA By: Name: T,nri T.aVPrri PrP Title:Ci anager APPROV`J AS 0 F:•M: ifff /STATE OF FLORIDA COUNTY OF PALM BEACH CITY ATTORNEYThe foregoing was acknowledged1before me on this cl day of Jt�\y , by Lc RVk L2 \'�- as CAA M.c:�v-NQ .2.'- on behalf of the City of Boynton Beach, Florida, by means of Qr.-physical presence or ❑ online notarization. He/She is personally known to me or has produced as identification. ir OP Notary Publ c _ My Commission Expires : 3-a5-a� [Seal] ;r TAMMY L STANZIONE 4 ®e Fr * Commission#GG 306158 Expires March 25,2023 eonaeaTbreeedaetwomrySent e$ (00376239.2 306-90018211 Exhibit "A" - TEMPORARY CONSTRUCTION EASEMENT AND OUTFALL EASEMENT (00376239.2 306-9001821) 111111111111111111111111111111111111111111111 CFN -2'0'700280 14-4 OR Bk 31628 PG 1569 RECORDED 08/06/2020 U8:18:02 This Instrument Prepared By: AMT 10.00 i Sean M.Swartz,Esquire Doc Stamp 0.70 GOREN,CHEROF,DOODY&EZROL,P.A. Palm Beach Count , K Florida 3099 E.Commercial Blvd., Suite 200 Ps sr 1`69 -81574;L E6pss)C:OMF'TROLLER Fort Lauderdale,Florida 33308 OUTFALL EASEMENT This Easement is made on this ac-A day of cA.\ , 2020 by Robert Michael and Denise A. Messingschlager, as Trustees of th ROBERT MICHAEL MESSINGSCHLAGER AND DENISE A. MESSINGSCHLAGER REVOCABLE TRUST AGREEMENT DATED MARCH 8, 2018 (hereinafter collectively the "Grantors")whose address is 2601 N. Lake Drive, Boynton Beach, FL 33435-2414 to and in favor of CITY OF BOYNTON BEACH, a political subdivision of the State of Florida, and its agents, contractors, subcontractors, and employees(collectively the"Grantee"). WITNESSETH WHEREAS Grantors are the owners of that certain real property located in Palm Beach County, Florida, more particularly described as: Lots 95 through 98, Lakeside Gardens, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida and recorded in Plat Book 8, Page 57. With Parcel Control Number: PCN: 08-43-45-15-02-000-0950 WHEREAS, Grantee has requested that a new 36-inch reinforced concrete pipe ("RCP") drainage outfall system be located on the south side of the above-described property owned by Grantors. A description and depiction of the easement property is attached hereto and incorporated herein as Exhibit"A"("Easement Property") WHEREAS Grantors wish to grant a Ten (10) foot drainage easement over, under, across, and upon that portion of Grantors' above-described Easement Property in connection with the installation and maintenance of the RCP drainage outfall system. NOW, THEREFORE, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00) in hand paid by Grantee to Grantors and other good and valuable consideration, the receipt and sufficiency of which Grantors hereby acknowledge, Grantors agree as follows: {00375345.2 306-9001821) 1. Grant of Easement. Grantors do hereby grant and convey to Grantee and Grantee's successors and/or assigns a permanent Easement over, under, across and upon the Easement Property for the following purposes: a) Constructing, reconstructing, laying, installing, operating, maintaining, repairing, replacing, improving, removing and inspecting the RCP drainage outfall system. b) Reasonable and necessary ingress and egress to the Easement Property for the purposes of maintenance. 2. Use of Easement. Grantee shall have the right to do all things necessary, useful or convenient for the purposes outlined in Section 1. 3. Perpetual Duration. This Easement shall be perpetual in duration and shall not be changed, altered or amended except by a written instrument executed by Grantors and Grantee or their respective heirs,successors or assigns. However, this Easement is subject to a right of reverter in favor of Grantors in the event the easement is abandoned or not used for its intended purpose. 4. Repair. Grantee shall promptly restore and repair any and all damage done to Grantors' property occurring during construction or thereafter as a result of the construction or ongoing operation of the RCP drainage outfall system. 5. Covenants of Grantors. Grantors hereby warrant and covenant the following: a) Grantors are the owners of fee simple title to Easement Property. b) The Easement Property is free and clear of all encumbrances that are inconsistent with the terms of this Easement and all mortgages have been joined or subordinated; that Grantors have good right and lawful authority to grant and convey this Easement Property to Grantee, and that Grantors hereby fully warrant and defend the title to this Easement Property against the claims by and through the Grantors. c) Grantee shall have quiet and peaceful possession, use and enjoyment of this Easement. d) In the event Grantors perform or allow construction work to be performed in the Easement which results in damage or alteration to the Easement Property, the Grantors agree to pay for the repair work. 6. Remedies for Breach. Grantors and/or Grantee shall each have the right to enforce the terms of this Easement and the rights and obligations created herein by all remedies provided under the laws of the State of Florida, including without limitation, the right to sue for damages for breach or for injunction or specific performance. In the event that it is (00375345.2 306-9001821) necessary for either Grantors and/or Grantee to file suit in order to enforce the terms hereof, then the prevailing party in such suit shall be entitled to be paid reasonable attorney's fees and court costs in addition to any other award that the Court might make from the non prevailing party. 7. Covenant Running with the Land. This Easement and all conditions and covenants set forth herein are intended and shall be construed as covenants running with the land, binding upon and insuring to the benefit or Grantors or Grantee, as the case may be, and their respective heirs, successors and/or assigns, including without limitation, all subsequent owners of the Easement Property and all persons claiming by, through and under them. IN WITNESS WHEREOF, Grantors have executed and delivered this Grant of Easement on the day and year written in the first paragraph. Signed, sealed and delivered in the presence of: GRANTORS: Witness ,tee tfV4 Denise A. Messings ager, as T• stee CoL- 3 ---- Robert ichae Messingschlager, as Trustee Witness A d,t411,r ��scL STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of online notarization or K physical presnce this?�1`kr` day ofl_ 'e (2-* , 2020 by Denise A. Messingschlager, as Trustee and Robert Michael Messingschlager, as Trust-- . •• are personally known to me or who have produced Florida Driver's Licenses •• . *o . 1101111. 11V; • STEPHEN S.MATHISON : • MY COMMISSION#GG 341875 NOTAR PUBL EXPIRES:September 22,2023 °�;f 5;°p• Bonded Thru Notary Public Underwriters (00375345.2 306-9001821} Signed, Sealed, and D e • • - ed GRANTEE: in the erese, ggf City of Boynton Beach By: , 404,1+41e Wi ness SHAYLA ELLIS LORI LAVERRIERE Name—Typed or Printed Name—Typed or Printed NWLYCITY MANAGER Witness Title (i_.0 -i `p Vier( Name—Typed—or Printed APPROVED T• F• lirr CITY ATTORNEY STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of online notarization or ✓ physical presence on this \ day of , 2020 by ion Laierrr , as 6 of the City of Boynton Beach and wh is personally known to me or who prolduced as identification. NOTAR L 4,4.1.1.7.% TAMMYLSTANZIONE Commission It GG 306158 � EX NN Mitch 25'2023 40,0.0 email, oee (00375345.2 306-9001821) EXHIBIT A LEGAL DESCRIPTION AND SKETCH {00375345.2 306-9001821) SKETCH & DESCRIPTION FOR: 10' DRAINAGE EASEMENT SOUTH 10'OF LOT 98, LAKESIDE GARDENS(P.B.8/57, P.B.C.R.) CITY OF BOYNTON BEACH,PALM BEACH COUNTY, FLORIDA LAND DESCRIPTION: The south 10 feet of Lot 98, LAKESIDE GARDENS, according to the plat thereof, as recorded in Plat Book 8, Page 57, of the Public Records of Palm Beach County, Florida Said lands situate and being in the City of Boynton Beach, Palm Beach County, Florida. LAKESIDE GARDENS ----1 (P.B. 8/57, P.B.C.R.) 40' LOT 97 2601 N. LAKE DRIVE .c = W - P.C.N.- 08-43-45-15-02-000-0950 o w = �, ._,JLOT 98� SOUTH 10' OF LOT 98 Q Y � �Q Y 10' EASEMENT lisi o POTTER Q ROAD -' -- 1 1- -- -- -- -- Z I LOT 99 L4.2' WALK (P.B. 8/57, P.B.C.R.) I 0 40 80 II__—__ -_ --------- __—__H GRAPHIC SCALE IN FEET 1"=40' SURVEYOR'S NOTES: 1. Reproductions of this Sketch are not valid without the signature and the original seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to this sketch by other than the signing party is prohibited without written consent of the signing party. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 5. Abbreviation Legend: F.B. = Field Book; L.B. = Licensed Business; P.B. = Plat Book; P.B.C.R. = Palm Beach County Records; P.C.N. = Property Control Number; PG. = Page; P.L.S. = Professional Land Surveyor. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Standards of Practice set forth in Chapter 5J-17, Florida Administrative Code, pursuant to Chapter 472, Florida Statutes. Digitally signed 01. b0 Michael:21 0 '00irom,P.L.S. /tn, •A,...c...„ ---Y-- Date:2020.01.3015:37:21-05'00' {' •MIC HAEL D. AVIROM, P.L.S. Florida Registration No. 3268 AVIROM & ASSOCIATES, INC. L.B. No. 3300 REVISIONS AVIROM&ASSOCIATES, INC. JOB#: 11184-1A C:) SURVEYING&MAPPING SCALE: 1'=40' 50 S.W.2nd AVENUE,SUITE 102 DATE: 01/28/2020 BOCA RATON,FLORIDA 33432 BY: M.M.K. (561)392-2594 / www.AVIROMSURVEY.com CHECKED: M.D.A. 02020 AVIROM&ASSOCIATES,INC.all rights reserved. F.B. 1985 PG. 31-39 This sketch is the property of AVIROM&ASSOCIATES,INC. and should not be reproduced or copied without written permission. SHEET: 1 OF 1 This Instrument Prepared By: Sean M.Swartz,Esquire GOREN,CHEROF,DOODY&EZROL,P.A. 3099 E Commercial Boulevard,Suite 200 Ft.Lauderdale,Florida 33308 TEMPORARY CONSTRUCTION EASEMENT This Easement is made on this a° day of Jc.A.N , 2020 by and between Robert Michael and Denise A. Messingschlager, as Trustees/of the ROBERT MICHAEL MESSINGSCHLAGER AND DENISE A. MESSINGSCHLAGER REVOCABLE TRUST AGREEMENT DATED MARCH 8, 2018, whose address is 2601 N. Lake Drive, Boynton Beach, FL 33435-2414 (hereinafter collectively referred to as "Grantors") and the CITY OF BOYNTON BEACH, a political subdivision of the State of Florida, whose address is 100 E Ocean Ave., Boynton Beach, Florida 33435, and its agents, contractors, subcontractors, and employees(collectively referred to as "Grantee"). WITNESSETH WHEREAS, Grantors are the owners of the property situate in Palm Beach County, Florida and legally described as: Lots 95 through 98, Lakeside Gardens, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, as recorded in Plat Book 8,Page 57.With Parcel Control Number: PCN: 08-43-45-15-02-000-0950 And WHEREAS,the Grantee desires a temporary eight(8) foot construction easement for underground stormwater piping for the reinforced concrete pipe ("RCP") drainage outfall system on, over, under and across the property as described on Exhibit "A" attached hereto and made a part hereof(hereinafter referred to as the"Easement Property"); and WHEREAS, this Temporary Construction Easement shall coincide with the construction of the RCP drainage outfall system and shall automatically terminate no later than twenty four(24)months from the date of the commencement of the construction; and WHEREAS, Grantors, do hereby agree to grant and convey a temporary eight (8) foot construction easement to the Grantee for a period of twenty four (24) months, unless sooner terminated, from the date of the commencement of construction, for construction purposes over,under,and across,and located in the Easement Property; and {00375331.2 306-9001821) NOW, THEREFORE, for and in consideration of the sum of TEN ($10.00) DOLLARS, and other good and valuable considerations to Grantors in hand paid by Grantee, the receipt whereof is hereby acknowledged, this grant of easement shall be deemed a sufficient conveyance to vest in Grantee a temporary easement in the lands described on Exhibit "A" for the uses and purposes of construction, maintenance, repair, and installation for the above stated purposes, together with such rights of entry upon, passage over, deposit of excavated earth, and the storage of material and equipment on such area as may be necessary or used for the construction by the Grantee. Following the completion of the construction, the Grantee will cause the prompt restoration to a smooth surface, contours and neat condition, any portion of the area of the Easement granted herein that is disturbed. This Easement shall automatically terminate twenty four(24)months after commencement of construction, as evidenced by a certificate of completion. The Grantors do grant unto the Grantee, provided all necessary permits have been obtained, the right during the term of this Easement to trim and cut down and clear away any and all trees and brush now or hereafter located on the Easement Property which in the opinion of the City, may be a hazard and an impediment to the construction of the RCP drainage outfall system. This temporary easement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this easement shall not be binding upon either party except to the extent incorporated in this easement. Any modification of this grant of temporary easement or additional obligation assumed by either party in connection with this easement shall be binding only if evidenced in writing,signed by each party or an authorized representative of each party. {00375331.2 306-9001821} IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. Signed, Sealed and delivered in the presence of: GRANTORS: .P6‘.�`V Denise A. Messingschlager, as Truste Print NniiSPJCANZ3 Ro ert Mich Messingschlager, as 4TL, Trustee Print Name f 30 12020 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of online notarization or X physical presence on this 3cYk' day of 3—kJ r. , 2020 by Denise A. Messingschlager, as Trustee and Robert Michael Messingsc ._- , stee who are personally known to me or who have produ -. Florid. ! ' - 's Licenses as 1 enh ca STEPHEN S.MATHISON ?` • 1; MY COMMISSION#GG 341875 •���as EXPIRES:September 22,2023 'FOF F°Q Bonded Thru Notary Public Underwriters s I NOT• ° ' �: (003753312 306-9001821) Signed, Sealed, and Delivered GRANTEE: in the prese�f: City of Boynton Beach .04111—gr. By: _ Witness SHAYLA ELLIS LORI LAVERRIERE Name -Typed or Printed Name—Typed or Printed ILL L CITY MANAGER Witness 4 Title � -_f heir'../ Name Typed or Printed APPROVED A • I Jr CITY ATTORNEY STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing inst ent was acknowledged before me by means of online notarization or physical presence on this a \day of w\ , 2020 by jtki Li/P,rr,ir.ce , as C PA-of the City of Boynton Beach and who is pe ovally known to me or who produced I as identification. Witness my hand and official seal this o`°I day of 2020. Notary Public, State of Florida � • `� / ammy L : •nzione Printed Name: p� My Commission Expires:3�5-�3 C'1(O(\S Notary Commission Number r TAMMYLSTANZIONE comagssion#GG 306158 * * ins March 25.2023 r -rikor 6ad•d11w31W9et ySintes {00375331.2 306-9001821) EXHIBIT A LEGAL DESCRIPTION AND SKETCH {00375331.2 306-9001821) I SKETCH & DESCRIPTION FOR: 8' TEMPORARY CONSTRUCTION EASEMENT A PORTION OF LOT 98, LAKESIDE GARDENS(P.B.8/57, P.B.C.R.) CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA LAND DESCRIPTION: The north 8 feet of the south 18 feet of Lot 98, LAKESIDE GARDENS, according to the plat thereof, as recorded in Plat Book 8, Page 57, of the Public Records of Palm Beach County, Florida Said lands situate and being in the City of Boynton Beach, Palm Beach County, Florida. LAKESIDE GARDENS (P.B. 8/57, P.B.C.R.) 4J --— H2601 N. LAKE DRIVE Q z 40' I OIJ P.C.N. 08-43-45-15-02-000-0950 = LOT 97 —NORTH 8' I QEE, Iri —LOT 9�---r--- -- -- -- 0 �8'TEMPORARY CONSTRUCTION EASEMENT } Y Y ---�--f -- �+ z ID POTTER g -- - L -- -- -- -- ROAD Z LOT 99 SOUTH 18' OF LOT 98 � 0 40 80 4.2' WALK (P.B. 8/57, P.B.C.R.) I I--- -- _- -_ -- _-___1 GRAPHIC SCALE IN FEET 1"=40' SURVEYOR'S NOTES: 1. Reproductions of this Sketch are not valid without the signature and the original seal of a Florida i Licensed Surveyor and Mapper. Additions or deletions to this sketch by other than the signing party is prohibited without written consent of the signing party. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 5. Abbreviation Legend: F.B. = Field Book; L.B. = Licensed Business; P.B. = Plat Book; P.B.C.R. = Palm Beach County Records; P.C.N. = Property Control Number; PG. = Page; P.L.S. = Professional Land Surveyor. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Standards of Practice set forth in Chapter 5J-17, Florida Administrative Code, pursuant to Chapter 472, Florida Statutes. Digitally signed by Michael D.Avirom,P.L.S. if\A, � . Date:2020.01.3015:39:01-05'00' t_ - MICHAEL D. AVIROM, P.L.S. Florida Registration No. 3268 AVIROM & ASSOCIATES, INC. L.B. No. 3300 REVISIONS AVIROM&ASSOCIATES, INC. JOB#: 11184-18 a Asso SURVEYING&MAPPING SCALE: 1"=40' O� O, DATE: 01/28/2020 9a 50 S.W.2nd AVENUE,SUITE 102 4 A T , DBY: M.M.K. (561BOC)392RA2594ONFLORI/ www.AVAIR33432OMSURVEY.com CHECKED: M.D.A. `4:5')-48[/SHED 1921 ©2020 AVIROM 8 ASSOCIATES,INC.ell rights reserved. F.B. 1985 PG. 31-39 This sketch is the property d AVIROM B ASSOCIATES,INC. SHEET: 1 OF 1 and should not be reproduced or copied without written permission. I111111 11111 1111111111 11111 11111 11111 11111111 CFN 20200-"?-Q-01 4i , BK 31628 pG RECORDED 08/06/2020 08:18:0 AMT 10.00 This Instrument Prepared By: Doc Stamp O.70 Sean M.Swartz,Esquire Palm Beach Counts, Florida GOREN,CHEROF,DOODY&EZROL,P.A. Sharon R. Bock,CLERK COMPTROLLER 3099E Commercial Boulevard,Suite 200 P95 1575 - 1580; (6139s) Ft.Lauderdale,Florida 33308 TEMPORARY CONSTRUCTION EASEMENT This Easement is made on this a 0‘ day of J(..,..\ , 2020 by and between Robert Michael and Denise A. Messingschlager, as Trustees/of the ROBERT MICHAEL MESSINGSCHLAGER AND DENISE A. MESSINGSCHLAGER REVOCABLE TRUST AGREEMENT DATED MARCH 8, 2018, whose address is 2601 N. Lake Drive, Boynton Beach, FL 33435-2414 (hereinafter collectively referred to as "Grantors") and the CITY OF BOYNTON BEACH, a political subdivision of the State of Florida, whose address is 100 E Ocean Ave., Boynton Beach, Florida 33435, and its agents, contractors, subcontractors, and employees(collectively referred to as "Grantee"). WITNESSETH WHEREAS, Grantors are the owners of the property situate in Palm Beach County, Florida and legally described as: Lots 95 through 98, Lakeside Gardens, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, as recorded in Plat Book 8,Page 57.With Parcel Control Number: PCN: 08-43-45-15-02-000-0950 And WHEREAS,the Grantee desires a temporary eight(8)foot construction easement for underground stormwater piping for the reinforced concrete pipe ("RCP") drainage outfall system on, over, under and across the property as described on Exhibit "A" attached hereto and made a part hereof(hereinafter referred to as the"Easement Property"); and WHEREAS, this Temporary Construction Easement shall coincide with the construction of the RCP drainage outfall system and shall automatically terminate no later than twenty four(24)months from the date of the commencement of the construction; and WHEREAS, Grantors, do hereby agree to grant and convey a temporary eight (8) foot construction easement to the Grantee for a period of twenty four (24) months, unless sooner terminated, from the date of the commencement of construction, for construction purposes over,under, and across,and located in the Easement Property; and {00375331.2306-9001821} NOW, THEREFORE, for and in consideration of the sum of TEN ($10.00) DOLLARS, and other good and valuable considerations to Grantors in hand paid by Grantee, the receipt whereof is hereby acknowledged, this grant of easement shall be deemed a sufficient conveyance to vest in Grantee a temporary easement in the lands described on Exhibit "A" for the uses and purposes of construction, maintenance, repair, and installation for the above stated purposes, together with such rights of entry upon, passage over, deposit of excavated earth, and the storage of material and equipment on such area as may be necessary or used for the construction by the Grantee. Following the completion of the construction, the Grantee will cause the prompt restoration to a smooth surface, contours and neat condition, any portion of the area of the Easement granted herein that is disturbed. This Easement shall automatically terminate twenty four(24)months after commencement of construction,as evidenced by a certificate of completion. The Grantors do grant unto the Grantee, provided all necessary permits have been obtained,the right during the term of this Easement to trim and cut down and clear away any and all trees and brush now or hereafter located on the Easement Property which in the opinion of the City, may be a hazard and an impediment to the construction of the RCP drainage outfall system. This temporary easement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this easement shall not be binding upon either party except to the extent incorporated in this easement. Any modification of this grant of temporary easement or additional obligation assumed by either party in connection with this easement shall be binding only if evidenced in writing, signed by each party or an authorized representative of each party. {00375331.2 306-9001821) r IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. Signed, Sealed and delivered in the presence of: GRANTORS: E).9--- elk , • i\� � ��`V M�•S Denise A. Messingschlager, as Truste • Print Na co, 7Jt'2440 ---- a L f.._, v- - Ro ert Michae Messingschlager, as /1 4, L g.3 Sci_Q*--- Trustee Print Name (4301,2.02-0 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of online notarization or X physical presence on this 3c51`" day of Si(“2- , 2020 by Denise A. Messingschlager, as Trustee and Robert Michael Messingsc •:- , . stee who are personally known to me or who have produ -• Florid. e ',- 's Licenses as i enhc ' „,,,...-.7m,„ STEPHEN STEPHEN S.MATHISON ,*h_ : MY COMMISSION#GG 341875 .r-�Qa EXPIRES:September 22,2023 ''F9,f Bonded Thru Notary Public Underwriters ‘ Allialb NOT• ' ' _�: C {00375331 2 306-9001821} I Signed, Sealed,and Delivered GRANTEE: in the prese�f - City of Boynton Beach Il�•! By:dit04._,..- AeL0.---- Witness SHAYLA ELLIS LORI LAVERRIERE Name -Typed or Printed Name-Typed or Printed Oat-A/AMU-0 CITY MANAGER Witness Title ((-herint Oherr/ Name-Typed or Printed APPROVED A*. • •RM; Ai Li I CITY ATTORNEY STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing inst5unent was acknowledged before me by means of online notarization or physical presence on this at:' \day of (,�.\ , 2020 by /.,,,,;/.auP.rT .r-P , as C ,rof the City of Boynton Beach and who is per known to me or who produced I as identification. Witness my hand and official seal this aday of_ ` S,k 2020. Notary Public, State of Florida IP •mmy L = -nzione Printed Name: My Commission Expires:3�j-�.3 C-, 0.(o\5 g Notary Commission Number r TAMMY LSTANZIONE O� '• Gornni�ion#GG 306158 V' " Expires Match 26.2023 �* rN.„, P. BondpT1 v BudgetNotaY$e*o* {00375331.2 306-9001821) EXHIBIT A LEGAL DESCRIPTION AND SKETCH {00375331.2 306-9001821} . SKETCH & DESCRIPTION FOR: 8' TEMPORARY CONSTRUCTION EASEMENT A PORTION OF LOT 98, LAKESIDE GARDENS(P.B.8/57, P.B.C.R.) CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA LAND DESCRIPTION: The north 8 feet of the south 18 feet of Lot 98, LAKESIDE GARDENS, according to the plat thereof, as recorded in Plat Book 8, Page 57, of the Public Records of Palm Beach County, Florida Said lands situate and being in the City of Boynton Beach, Palm Beach County, Florida. LAKESIDE GARDENS (P.B. 8/57, P.B.C.R.) 4.1 -- 2601 N. LAKE DRIVE Q z z 40' i P.C.N. 08-43-45-15-02-000-0950 -- J 1 Lis LOT 97 -NORTH 8' --� Q LOT-9-8--- - -�-- I 0 18'TEMPORARY CONSTRUCTION EASEMENT j Y w ' o o POTTER -- i-- -- 2t -- -- -- iii ROAD z `SOUTH 18' OF LOT 98 j 0 40 80 LOT 99 I . -4.2' WALK (P.B. 8/57, P.B.C.R.) I GRAPHIC SCALE IN FEET 1"=40' SURVEYOR'S NOTES: 1. Reproductions of this Sketch are not valid without the signature and the original seal of a Florida ' Licensed Surveyor and Mapper. Additions or deletions to this sketch by other than the signing party is prohibited without written consent of the signing party. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 5. Abbreviation Legend: F.B. = Field Book; L.B. = Licensed Business; P.B. = Plat Book; P.B.C.R. = Palm Beach County Records; P.C.N. = Property Control Number; PG. = Page; P.L.S. = Professional Land Surveyor. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Standards of Practice set forth in Chapter 5J-17, Florida Administrative Code, pursuant to Chapter 472, Florida Statutes. 4....0.....,_Digitally signed by Michael D.Avirom,P.L.S. /fin, �, ^ - . Date:2020.01.30 15:39:01-05'00' (, 1<<Jl�....►�( MICHAEL D. AVIROM, P.L.S. Florida Registration No. 3268 AVIROM & ASSOCIATES, INC. L.B. No. 3300 REVISIONS AVIROM&ASSOCIATES, INC. JOB#: 11184-1B o•a AS8T0Ci SURVEYING &MAPPING SCALE: 1"=40' 9� 50 S.W.2nd AVENUE,SUITE 102 DATE: 01/28/2020 dt co 8OCA RATON,FLORIDA 33432 BY: M.M.K. (561)392-2594 / www.AVIROMSURVEY.com CHECKED: M.D.A. F6148USHED 1° 02020 AVIROM&ASSOCIATES,INC.all lights reserved. F.B. 1985 PG. 31-39 This sketch is the property d AVIROM&ASSOCIATES,INC. and should not be rep uced or copied without waitten permission. SHEET: 1 OF 1