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)