R24-026 1 RESOLUTION NO. R24-026
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
3 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN
4 EASEMENT DOCUMENT BETWEEN THE BOARD OF TRUSTEES OF THE
5 INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA
6 (THE "GRANTOR") AND THE CITY OF BOYNTON BEACH (THE
7 "GRANTEE") FOR EXISTING ON-SITE UTILITIES AT WXEL, LOCATED AT
8 3401 SOUTH CONGRESS AVENUE; AND PROVIDING AN EFFECTIVE
9 DATE.
10 WHEREAS, WXEL, located at 3401 South Congress Avenue, proposed the addition of
11 a Cultural Arts Center to their existing two-story building; and
12 WHEREAS, as part of the site plan approval, WXEL was required to provide a
13 dedicated easement to the City of Boynton Beach (the" Grantee") for the existing on-site 8-
14 inch water main, 30-inch reclaimed water main, and 36-inch force main along South Congress
15 Avenue; and
16 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
17 recommendation of staff, deems it to be in the best interests of the City residents to approve
18 and authorize the City Manager to sign an easement document between the Board of
19 Trustees of the Internal Improvement Trust Fund of the State of Florida (the "Grantor") and
20 the City of Boynton Beach (the "Grantee") for existing on-site utilities at WXEL, located at
21 3401 South Congress Avenue.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
23 BOYNTON BEACH, FLORIDA, THAT:
24 Section 1. Each Whereas clause set forth above is true and correct and
25 incorporated herein by this reference.
26 Section 2. The City Commission of the City of Boynton Beach, Florida, does
27 hereby approve and authorize the City Manager to sign an easement document between the
28 Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (the
29 "Grantor") and the City of Boynton Beach (the "Grantee")for existing on-site utilities at WXEL,
S:\CC\WP\CCAGENDA\2024\02-06-2024 CC\R24-026 WXEL Easement For On-Site Utilities.Docx
30 located at 3401 South Congress Avenue. A copy of the Easement is attached hereto and
31 incorporated herein by reference as Exhibit "A."
32 Section 3. That this Resolution shall become effective immediately upon passage.
33 PASSED AND ADOPTED this 6th day of February 2024.
34 CITY OF BOYNTON BEACH, FLORIDA
35
36 YES NO
37
38 Mayor—Ty Penserga
39
40 Vice Mayor—Thomas Turkin
41
42 Commissioner—Angela Cruz
43
44 Commissioner-Woodrow L. Hay
45
46 Commissioner-Aimee Kelley
47
48 VOTE S��
49
50 A -•T:
51 -741rageillW
53 Mayle De -sus, MP• MMC Ty P--
54 City Cl-rk Mayor
55
56 _—o NTO '‘‘‘ AP' 'OVED AS TO FORM:
57 (Corporate Seal) i
osier
..yORAr4...'
58 s- NL 1�1��///U
59 # Am,
I U.
6
60 I ••iN�1g2.O : Shawna G. Lamb
61 \ .. •'� City Attorney
S:\CC\WP\CCAGENDA\2024\02-06-2024 CC\R24-026 WXEL Easement For On-Site Utilities.Docx
This Easement was prepared by:
Jay Sircy,
Bureau of Public Land Administration
Division of State Lands
Department of Environmental Protection,MS 130
3900 Commonwealth Boulevard,
Tallahassee,Florida 32399-3000
Action No.45915
OAE 1
[0.25 acres+1-]
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
EASEMENT
Easement Number 33495
THIS EASEMENT, made and entered into this i\...c) day of YUCI, , 20?-‘, between the BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA,acting pursuant to
its authority set forth in Section 253.03, Florida Statutes,hereinafter referred to as "GRANTOR",and CITY OF BOYNTON
BEACH,FLORIDA,a Florida municipal corporation,hereinafter referred to as"GRANTEE".
WHEREAS, GRANTOR is the owner of the hereinafter described real property, which is managed by South
Florida PBS, Inc., a Florida not for profit corporation, under Sublease Number 4835-001 ("managing agency");and
WHEREAS,GRANTEE desires an easement across the hereinafter described real property for installation,operation
and maintenance of underground water and sewer utility lines;and
WHEREAS,the managing agency has agreed to the proposed use of the land subject to this easement.
NOW THEREFORE, GRANTOR, for and in consideration of mutual covenants and agreements hereinafter
contained, has granted, and by these presents does grant unto GRANTEE, a non-exclusive easement across the
following described real property in Palm Beach County,Florida,to-wit:
(See Exhibit"A"Attached)(the"Easement Area")
subject to the following terms and conditions:
1. DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities and obligations herein shall be exercised by the
Division of State Lands,State of Florida Department of Environmental Protection.
2. TERM: The term of this easement shall be for a period of 50 years commencing on
and ending on ,unless sooner terminated pursuant to the provisions of this easement.
3. USE OF PROPERTY AND UNDUE WASTE: This easement shall be limited to installation, operation and
maintenance of underground water and sewer utility lines,upon and across the Easement Area during the term of this easement.
This easement shall be non-exclusive. GRANTOR retains the right to engage in any activities on, over, below or across the
Easement Area which do not unreasonably interfere with GRANTEE'S exercise of this easement and further retains the right to
grant compatible uses to third parties during the term of this easement.
GRANTEE shall dispose of,to the satisfaction of GRANTOR, all brush and refuse resulting from the clearing of the
Easement Area for the uses authorized hereunder. If timber is removed in connection with clearing this easement, the net
proceeds derived from the sale of such timber shall accrue to GRANTOR. GRANTEE shall take all reasonable precautions to
control soil erosion and to prevent any other degradation of the Easement Area and adjacent land during the term of this easement.
GRANTEE shall not remove water from any source on this easement including,but not limited to, a water course, reservoir,
spring, or well, without the prior written approval of GRANTOR. GRANTEE shall clear, remove and pick up all debris
including,but not limited to,containers,papers,discarded tools and trash foreign to the work locations and dispose of the same
in a satisfactory manner as to leave the work locations clean and free of any such debris. GRANTEE,its agents, successors,or
assigns, shall not dispose of any contaminants including,but not limited to,hazardous or toxic substances, chemicals or other
agents produced or used in GRANTEE'S operations on this easement or on any adjacent state land or in any manner not permitted
by law. GRANTEE shall be liable for all costs associated with any cleanup of the Easement Area and adjacent land which is a
result of GRANTEE'S operations and use of the Easement Area.
Upon termination or expiration of this easement GRANTEE shall restore the Easement Area to substantially the same
condition it was upon the Effective Date. GRANTEE agrees that upon termination or expiration of this easement all authorization
granted hereunder shall cease and terminate.If the Easement Area is under lease to another agency,GRANTEE shall obtain the
consent of such agency prior to engaging in any use of the Easement Area.
4. ASSIGNMENT: This easement shall not be assigned in whole or in part without the prior written consent of
GRANTOR. Any assignment made either in whole or in part without the prior written consent of GRANTOR shall be void and
without legal effect.
5. RIGHT OF INSPECTION: GRANTOR or its duly authorized agents, representatives or employees shall have the
right at any and all times to inspect this easement and the works of GRANTEE in any matter pertaining to this easement.
Action 45915 Easement 33495 Page 2 of 9
6. NON-DISCRIMINATION: GRANTEE shall not discriminate against any individual because of that individual's race,
color,religion,sex,national origin,age,handicaps,or marital status with respect to any activity occurring within this easement
or upon lands adjacent to and used as an adjunct of this easement.
7. LIABILITY: GRANTOR does not warrant or represent that Easement Area is safe or suitable for the purpose for
which GRANTEE is permitted to use it,and GRANTEE and its agents,representatives,employees,and independent contractors
assume all risks in its use. GRANTEE hereby covenants and agrees to investigate all claims of every nature at its own expense
and to indemnify,protect,defend,save and hold harmless GRANTOR and the State of Florida,its officers,agents and employees
from any and all damages,claims, costs, expense,including attorney's fees,demands,lawsuits,causes of action or liability of
any kind or nature arising out of all personal injury or damages attributable to the negligent acts or omissions of GRANTEE and
its agents, officers, and employees. GRANTEE shall contact GRANTOR regarding the legal action deemed appropriate to
remedy such damage or claims. The GRANTEE shall maintain a program of insurance covering its liabilities as prescribed by
Section 768.28, F.S. Nothing herein shall be construed as a waiver of sovereign immunity enjoyed by any party hereto, as
provided in Section 768.28,Florida Statutes,as amended from time to time,or any other law providing limitations on claims.In
the event GRANTEE subcontracts any part or all of the work performed in the Easement Area,the GRANTEE shall require each
and every subcontractor to identify the GRANTOR as an additional insured on all insurance policies required by the GRANTEE.
Any contract awarded by GRANTEE for work in the Easement Area shall include a provision whereby the GRANTEE's
subcontractor agrees to indemnify, pay on behalf, and hold the GRANTOR harmless for all injuries and damages arising in
connection with the GRANTEE's subcontract.
8. COMPLIANCE WITH LAWS: GRANTEE agrees that this easement is contingent upon and subject to GRANTEE
obtaining all applicable permits and complying with all applicable permits,regulations,ordinances,rules,and laws of the State
of Florida or the United States or of any political subdivision or agency of either.
9. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this easement in no way affects any of the parties'
obligations pursuant to Chapter 267,Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic
sites on state-owned lands is prohibited unless prior authorization has been obtained from the State of Florida Department of
State,Division of Historical Resources.
10. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the lands underlying this
easement is held by GRANTOR. GRANTEE shall not do or permit anything to be done which purports to create a lien or
Action 45915 Easement 33495 Page 3 of 9
encumbrance of any nature against the real property of GRANTOR including,but not limited to,mortgages or construction liens
against the real property described in Exhibit"A"or against any interest of GRANTOR therein.
11. PARTIAL INVALIDITY: If any term,covenant,condition or provision of this easement shall be ruled by a court of
competent jurisdiction to be invalid,void, or unenforceable,the remainder shall remain in full force and effect and shall in no
way be affected,impaired or invalidated.
12. SOVEREIGNTY SUBMERGED LANDS: This easement does not authorize the use of any lands located waterward
of the mean or ordinary high water line of any lake, river,stream,creek,bay,estuary,or other water body or the waters or the
air space there above.
13. ENTIRE UNDERSTANDING: This easement sets forth the entire understanding between the parties and shall only
be amended with the prior written approval of GRANTOR.
14. TIME: Time is expressly declared to be of the essence of this easement.
15. RIGHT OF AUDIT: GRANTEE shall make available to GRANTOR all financial and other records relating to this
easement and GRANTOR shall have the right to audit such records at any reasonable time during the term of this easement.
This right shall be continuous until this easement expires or is terminated. This easement may be terminated by GRANTOR
should GRANTEE fail to allow public access to all documents,papers,letters or other materials made or received in conjunction
with this easement,pursuant to Chapter 119,Florida Statutes.
16. PAYMENT OF TAXES AND ASSESSMENTS: GRANTEE shall assume full responsibility for and shall pay all
liabilities that accrue to the Easement Area or to the improvements thereon including any and all drainage and special assessments
or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully assessed and levied against this
easement.
17. AUTOMATIC REVERSION: This easement is subject to an automatic termination and reversion to GRANTOR
when,in the opinion of GRANTOR,this easement is not used for the purposes outlined herein,and any costs or expenses arising
out of the implementation of this clause shall be borne completely,wholly and entirely by GRANTEE,including attorneys'fees.
18. RECORDING OF EASEMENT: GRANTEE, at its own expense, shall record this fully executed easement in its
entirety in the public records of the county within which the easement site is located within fourteen days after receipt,and shall
provide to the GRANTOR within ten days following the recordation a copy of the recorded easement in its entirety which
contains the O.R. Book and Pages at which the easement is recorded. Failure to comply with this paragraph shall constitute
grounds for immediate termination of this easement agreement at the option of the GRANTOR.
Action 45915 Easement 33495 Page 4 of 9
19. GOVERNING LAW: This easement shall be governed by and interpreted according to the laws of the State of Florida.
20. SECTION CAPTIONS: Articles,subsections and other captions contained in this easement are for reference purposes
only and are in no way intended to describe,interpret,define or limit the scope,extent or intent of this easement or any provisions
thereof.
[Remainder of page intentionally left blank;Signature page follows]
Action 45915 Easement 33495 Page 5 of 9
IN WITNESS WHEREOF,the parties have caused this Easement to be executed on the day and year first above
written.
WITNESSES:
BOARD OF TRUSTEES OF THE INTERNAL
Original Signature IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
Print/Type Name of Witness (SEAL)
Address:3800 Commonwealth Blvd
Tallahassee,FL 32399 BY:
Brad Richardson,Chief,Bureau of Public Land Administration,
Division of State Lands,State of Florida Department of
Original Signature Environmental Protection,as agent for and on behalf of the
Board of Trustees of the Internal Improvement Trust Fund
of the State of Florida
Print/Type Name of Witness
Address:3800 Commonwealth Blvd
Tallahassee,FL 32399
"GRANTOR"
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me,by physical presence or online notarization this day
of ,20 ,by Brad Richardson,Chief,Bureau of Public Land Administration,Division of State Lands,
State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida. He is personally known to me.
Approved to per E on:
Notary Public,State of Florida
BY: / 01-05-2024
DEP • T ey Date
Printed,Typed or Stamped Name
My Commission Expires:
Commission/Serial No.
Action 45915 Easement 33495 Page 6 of 9
WITNESSES: CITY OF BOYNTON BEACH,FLORIDA,
a Florida municipal corporation
4ri,/ /a.: l��V' J.4' AA _ (SEAL)
Original$}gm 1
y L. Stanzio
Print/Type Name of Witness BY:
Address:/4-if F tea..' a_JQ Original it, . i ,f Executing ••.,•s ori A.
h \ .4. c_L, FL. 33 5/35 Daniel Dugger,City Manager /`
��Q a
Print/Type Name of Executing Autho and Title
at)ti
Original Signature Q = oY N r `I•
1P_l'l n e Nle(IV "GRANTEE" ;�.•GORPOR,1).��%
Print/Type Name of Witness /. SEA ..7• It',
Address: )(O E. (`)1 n A� L • ,
Q ,,,_jbr jQ° fi' FL (1 :.INCORPORATED: o
IJI�III �� �J" E,, •% 1920..: s
STATE OF 7- 611114 'It • •..•.....
COUNTY OF , -//r7 , CZ.CY) '`.‘FLORIDP
The foregoing instrument was aclmowled ed before me by means of physical presence or online notarization
this (, * day of Y ,20�9 ,by Daniel Dugger ity Manager,for and on behalf of the City of
Boynton Beach,Florida,a Floridudiunicipal corporation. He is perso ally Al. ..1 , me or . .. as produced
,a&id f►cation.
CPA I !' ' tik
>F••\,,,,�I PUB(�C' Notary Pu l tate of Flori. /
Mk-0-, _
0 GOM 2,2.2025 a ail 1�1, ,c0 r
EXp1RES Q,h Printed,T,led or Stamped ame
s off:a �z a POK-
C'0• TgTE OF F\. .��, My Commission Expires: l l
../''/SS..oN.M0`` �` Commission/Serial No. -ft-1i q g 9 c I
APP',SVED AS TO •R
it /i 4. '
City Attorney
Action 45915 Easement 33495 Page 7 of 9
SKETCH OF DESCRIPTION
EXHIBIT "A"
SHEET 1 OF 2
DESCRIPTION:
THE EAST 22.0 FEET; AND THE WEST 15.0 FEET OF THE EAST 370 FEET OF
THE NORTH 10.0 FEET OF THE SOUTH 62.0 FEET OF THE FOLLOWING
DESCRIBED PARCEL:
A PARCEL OF LAND IN SECTION 6, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6; THENCE WITH A
BEARING OF SOUTH, ALONG THE EAST LINE OF SAID SECTION 6, A DISTANCE
OF 1783.92 FEET TO A POINT; THENCE WITH A BEARING OF WEST, A
DISTANCE OF 53.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF
CONGRESS AVENUE, SAID POINT BEGINNING THE POINT OF BEGINNING;
THENCE CONTINUE WITH A BEARING OF SOUTH ALONG THE WEST RIGHT OF WAY
LINE OF CONGRESS AVENUE; SAID POINT L YING 53.00 FEET WEST OF AND
PARALLEL WITH THE EAST LINE OF SECTION 6, A DISTANCE OF 480.00 FEET
TO A POINT; THENCE WITH A BEARING OF WEST, A DISTANCE OF 370.00
FEET; THENCE WITH A BEARING OF SOUTH, A DISTANCE OF 111.28 FEET;
THENCE WITH A BEARING OF WEST, A DISTANCE OF 380.00 FEET TO A POINT
ON THE EAST LINE OF THE SUBDIVISION SUMMIT PLAT NO. 1, AS RECORDED
IN PLAT BOOK 36, PAGES 48 THROUGH 51 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE WITH A BEARING OF NORTH ALONG THE
EAST LINE OF SUMMIT PLAT NO. 1, A DISTANCE OF 229.26 FEET; THENCE
WITH A BEARING OF EAST, A DISTANCE OF 380.00 FEET; THENCE WITH A
BEARING OF NORTH, A DISTANCE OF 391.09 FEET; THENCE WITH A BEARING
OF SOUTH 85°30'30" EAST, A DISTANCE OF 371.14 FEET, MORE OR LESS TO
THE POINT OF BEGINNING, LESS THE EAST 70 FEET THEREOF.
Digitally signed by
Paul D.
Paul D.Engle
Engle Date:2022.06.01
15:04:52-04'00'
PAUL D. ENGLE
SURVEYOR & MAPPER NO. 5708
BSM Digitally signed by DATE.: JUNE 1, 2022
BSM APPROVED ENGLE LAND SURVEYING LLC
APPROVED BY GARY TEW CERTIFICATE OF AUTHORIZATION #LB844 7
BY GARY TEW Date:2023.02.09 SURVEYOR AND MAPPER IN RESPONSIBLE
11:00:51 -05'00' CHARGE: PAUL D. ENGLE
955 N.W. 17TH AVENUE, SUITE K-1
ORDER NO. 21-10"WATER EASEMENT" DELRA Y BEACH FLORIDA 33445
(561) 276-4501 (561) 732-3279
Action 45915 Easement 33495 Page 8 of 9
X:IDrawingslGENERAL CADDIGxd\WXEL EASEMENT SHEET 1--06101/2022--03.03 PM-- Scale 1:480.0000
SKETCH OF DESCRIPTION
EXHIBIT ''A"
SHEET 2 OF 2
N.E. CORNER SECTION 16,
TOWNSHIP 46 SOUTH, i
RANGE 43 EAST AND N=
POINT OF COMMENCEMENT Q?ti W
�'� v
37129' SURVEY POINT OF �
371.14'DEED BEGINNING 4 O
364.26' 53 00 Z
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\-7.03' I
22.0'
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15.00'
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380.00' co
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= 220' 7.00'
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Digitally signed by ,BSMAPPROVED ENGLE LAND SURVEYING LLC
APPROVED CERTIFICATE OF AUTHORIZATION #LB8447
BY GARY TEW SURVEYOR AND MAPPER IN RESPONSIBLE
380.00BY GARY Date:2023.02.09 CHARGE: PAUL D. ENGLE
WEST TEW 11:01:56-05'00' 955 N.W. 17TH AVENUE, SUITE K-1
ORDER NO. 21-10"WATER EASEMENT" DELRA Y BEACH FLORIDA 33445
(561) 276-4501 (561) 732-3279
Action 45915 Easement 33495 Page 9 of 9
X:I DrawingslGENERAL CADIDIaallWXEL EASEMENT SHEET 2--06/01/2022-03:04 PM- Scale 1:480.0000
THIS PAGE AND ANY FOLLOWING PAGES ARE ATTACHED ONLY FOR STATE OF FLORIDA TRACKING PURPOSES
AND FORM NO PART OF THE INSTRUMENT AND ARE NOT TO f.
RELIED ON BY ANY PARTY.
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Easement No. 33495
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