Loading...
64-BB RESOLUTION NO. 64-BB WHEREAS, the Central and Southern Florida Flood Control District is presently in the process of conducting a certain dredging project in the Boynton Canal, located within the municipal limits of the City of Boynton Beach, Florida; and WHEREAS, said Flood Control District has requested City Council of the City of Boynton Beach, to grant to said body a spoil easement on property owned by the City; and WHEREAS, the City is desirous of granting said request; now therefor, Be it resolved by the City Council of the City of Boynton Beach, Florida, that the City hereby grants to the Central and Southern Florida Flood Control District a spoil easement on the property described in the instrument attached hereto and hereby made a part hereof for the period and in accordance with the lerrns set forth in said document, and the Mayor or Vice-Mayor and City Clerk of the City are hereby authorized to execute said document on behalf of the City. Passed and adopted this ~--~ day of July, A. D., 1964.. ATTEST: City Clerk CITY OF BOYNTON BEACH, FLORIDA ~I~I~ORAR¥ F, AS~ C-16 ~P-22 P-28 (Place). (Date). CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT P. O. BOX 1671 WEST PALM BEACH, FLORIDA In consideration of the general and special benefits as a result of the dredging or excavating in Canal C-16 (Boynton Canal) and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable considerations in hand paid by the Grantee to the Grantor herein~ the receipt whereof is hereby acknowledged, permission is hereby granted to the Central and Southern Florida Flood Control District, its successors or assigns, or to contractors working for the Central and Southern Florida Flood Control District, its successors and assigns~ to use the lands owned by the undersigned and hereinafter described for the deposit~ storage and removal of dredged or excavated material and the operation of all necessary equ%pment and vehicles incident thereto, the laying and operation of dredge pipe lines, and the storage of equipment, materials, vehicles and supplies, said lands being situated in the State of Florida, County of Palm Beach, and described as follows: A parcel of land lying in Tract "A" according to the plat of Rolling Green Ridge Second Addition, as recorded in Plat Book 26 on Page 214, public records of Palm Beach County, Florida, said parcel being more particularly described as follows: Commencing at the Northwest (NW) corner of Section 21~ Township 45 South~ Range 43 East~ Palm Beach County, Florida~ bear South 1° 57' 07" East~ along the West line of said Section 21~ a distance of 1312.51 feet; thence, North 89° 52' 43" East~ a distance of 769.74 feet to the Southwest (SW) corner of said Tract "A" and the point of beginning; Thence~ continue North 89° 52' 43" East, along the South line of said Tract "A"~ a distance of 230.73 feet; Thence~ due North~ a dis- tance of 156.92 feet; Thence~ due West~ a distance of 100.00 feet; Thence~ due North~ a distance of 14.45 feet; Thence~ due West, a distance of 95.47 feet to an intersection with the West line of said Tract "A", also being the East right of way line of State Road 9; Thence~ South 12° 02' 00" West, along the said West line of Tract "A", and said East right of way line~ a distance of 52.53 feet to the point of curvature of a curve to the left~ having a radius of 5529.65 feet and a central angle of 1° 16' 10"; Thence~ Southwesterly along the arc of said curve~ a distance of 122.51 feet to the point of beginning. A part of a certain unnamed road~ 25 feet in width~ lying in the Plat of Subdivision of Lot 3 of Lanehart's Subdivision~ as record- ed in Plat Book 10~ on Page 39~ public records of Palm Beach County~ Florida~ said part being more particularly described as follows: ~ Com~en¢ing at the Northeast (NE) corner of Section 21~ Township 45 South, Range 43 East~ Palm Beach County~ Florida~ bear South 1° 21' 16" East~ along the East line of said Section 21~ a distance of 1612.23 feet to the Northeast (NE) corner of said Subdivision of Lot 3 of Lanehart's Subdivision~ said Northeast (NE) corner being the point of begin- ning; Thence~ continue South 1° 21' 16" East, along the said East line of Section 21~ being also the East line of said Subdivision of Lot 3 of Lanehart's Subdivision~ a distance of 140.00 feet; Thence, North 89° 59' 27" West~ a distance of 25.00 feet to the Southeast (SE) corner of Lot 1 of said Subdivision of Lot 3; Thence~ North 1° 21' 16" West~ along the East line of said Lot 1~ a distance of 140.00 feet to the Northeast (NE) corner of said Lot 1; Thence~ South 89° 59' 27" East~ a distance of 25.00 feet to the point of beginning. The bearings in the above descriptions refer to the standard plane rectangular coordinate system for the East Zone of Florida. It is understood and agreed that acceptance of this instrument by the Grantee does not guarantee that any dredged or excavated materials will be placed on the above described lands. It is further understood and agreed that should the grantee use the entire above described area or any part of said area~ for the deposit of dredged or excavated material~ no commitment~ agreement or limitation is placed upon the use of the area with regard to the height to which said area may be filled. It is further understood and agreed that no commitment~ agreement or guarantee has been made by the grantee to the grantor with regard to the type or composition of the dredged or excavated material which may be placed upon the above described area. Title to all dredged or excavated materials placed upon the above described lands and not removed by the grantee herein its agents or assigns~ during the term of this easement shall vest in the grantor herein. In consideration of the premises the undersigned waives all claims against the Central and Southern Florida Flood Control District~ its successors or assigns~ including their employees~ agents and contractors on account of the exercise of the right herein granted~ except as hereinbelow noted. In the exercise of the rights hereby granted, the Grantee agrees: (a) That it will not unnecessarily impede the normal flow of traffic upon any right of way or thoroughfare of the City now in use and covered by this agreement. (b) That any damage occasioned to any City property or public right of way or thoroughfare by operations under this agreement, shall be repaired at the expense of the District. (c) That any dredge pipelines crossing any public thoroughfare shall be placed at a level even with the roadway in order to avoid a traffic obstruction~ and that any necessary repairs to any road, as a result of laying said dredge pipelines shall be made at the expense of the District. (d) That the District shall hold the City harmless from any and all claims for property damage or personal injury, including death, occasioned or arising from the operations hereby covered. The permission herein granted shall become null and void after the 31st day of December A. D., 1964. ATTEST: BY: City Clerk CITY OF BOYNTON BEACH By T~C~uncil Mayor (Corporate Seal)