R03-026 RESOLUTION NO. R03- Oi~t~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING A
NON-EXCLUSIVE PERPETUAL GRANT OF EASEMENT
FROM G.A. HOMES, INC., TO THE CITY OF BOYNTON
BEACH, FOR "BAMBOO LANE"; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, it is the desire of the City to obtain from G.A. Homes, Inc., a non-
exclusive perpetual Grant of Easement for a "street" known as Bamboo Lane, more
specifically described in Exhibit "A" attached to the Grant of Easement; and
WHEREAS, this Easement will allow ingress and egress and constructing, installing,
[operating, maintaining, repairing, altering and replacing potable water and sanitary sewer
I improvements by the city of Boynton Beach on "Bamboo Lane"; and
WHEREAS, the City Commission upon recommendation of staff, deems it
appropriate to accept a non-exclusive perpetual Grant of Easement from G.A. Homes, Inc., to
the City of Boynton Beach, Florida, a copy of which is attached hereto and made a part
hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That each Whereas clause is true and correct.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby accept a non-exclusive perpetual Grant of Easement from G.A. Homes, Inc., to the
City of Boynton Beach, Florida, for property known as "Bamboo Lane".
Section 2. That the City Clerk will record this Grant of Easement in the Public
Records of Palm Beach County, Florida.
Section 3. This Resolution shall become effective immediately upon passage.
S:\CA~RESOkAgreements\Utilities\Grant of Easement -Bamboo Lane.doc
PASSED AND ADOPTED this /-/ day of February, 2003.
CITY O OYN BE H, FLORIDA
Vice-t-Y!~Y°~'~
~o o~
'Commissioner -
'~ATTEST:
S :\CA~RESO~greements\Utilities\Grant of Easement -Bamboo Lane.doc
Illllilllll i llllllll llllilllllllllllllll
Pr&ed By ~ ~:
Gerald.. Knighh ~sq.
Holland ,~Cmig'ht LLP
Ope. ~East,Br,~x., ~d Boulevard, Suite 1300
Fort Lauderdale, Florida 33301
02/24/2003 14:4£:55 20030103250
OR BK 14834 PG 0921
Pa:Lm Beach County, Florida
.:~ of i3o.vrJ!on Beach
?. O. Box 3i0
i~oynton Beach, Florida,
GRANT OF EASEMENT
Th~s .(Bant of Easement (hereinafter referred to as the "Easement") is made and entered
into this ]..."]~--~ay of January, 2003, by and between G. A. HOMES INC., a Florida corporation
("Grantor"), and the CITY OF BOYNTON BEACH, a municipal corporation of the State of
Florida ("Grantee"), its successors and assigns
WITNESSETH:
WHEREAS, Grantor is the owner of certain property situated in Palm Beach County,
Florida, being more particularly described on Exhibit "A", attached hereto (the "Easement
Property");
WHEREAS, Grantor is desirous of granting and conveying and Grantee is desirous of
accepting a non-exclusive perpetual easement over, across, under, upon and through the
Easement Property for the purposes of ingress and egress and constructing, installing, operating,
maintaining, repairing, altering and replacing potable water and sanitary sewer improvements,
pursuant to the terms and conditions more particularly set forth hereinbelow;
NOW THEREFORE, for and in consideration of the sum of TEN AND NO/100
DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Grantor and Grantee do hereby covenant, stipulate and agree as
follows:
1. Recitals. The above recitals are true and correct and form a material part of this
Easement upon which the parties have relied.
2. Easement.
(a) Grant of Easement. Grantor does hereby create, grant, declare and
convey to Grantee and its successors, assigns, tenants, licensees, invitees, agents, employees,
designees and constituents a non-exclusive perpetual easement over, across, under, upon and
through the Easement Property for the purposes of ingress and egress and constructing,
installing, operating, maintaining, repairing, altering and replacing potable water and sanitary
sewer, including, but not limited to pipes, force mains, lift stations and manholes
("Improvements").
(b) Construction and Maintenance of Improvements Prior to
commencing construction of the Improvements, Grantee shall obtain all necessary permits from
BOC l\REALEST~102432 3
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BOOK 14834 PAGE 0922
all applicable governmental bodies. Any construction, installation, operation, maintenance,
repair, rebuilding or replacement of the Improvements shall comply with the requirements of all
applicable laws, codes and regulations of the City of Boynton Beach, Palm Beach County and
any other controlling governmental or quasi-governmental agency or entity.
3. Right to Cure Obligations. Should any party fail to timely perform any of its
obligations hereunder and thereafter fail to perform such obligation within fifteen (15) days after
receipt of any other party's written demand therefor, then the party giving such notice shall, in
addition to any other remedy provided at law or in this Easement, have the right (but not the
obligation) to perform such obligation on behalf of the defaulting party, and the defaulting party
shall reimburse the curing party for the cost of performing such work within ten (10) days after
receipt of billing thereof and proof of payment thereof. In the event the defaulting party does not
reimburse the curing party within such ten (10) days, the curing party shall have the right to
exercise any and all rights which such curing party shall have at law to collect the same.
4. Indemnification. To the extent permitted by law, Grantee does hereby indemnify,
save and hold Grantor harmless from and against any and all claims, demands, causes of actions,
losses, damages, liabilities, costs and expenses (including, without limitation, attorneys' fees and
disbursements) suffered or incurred by Grantor arising out of or in connection with (i) Grantee's
and/or its agents' entry upon the Easement Property, (ii) any liens or encumbrances filed or
recorded against the Easement Property as a consequence of any and all other activities
undertaken by Grantee or its agents, and/or (iii) any and all other activities undertaken by
Grantee and/or its agents with respect to the Easement Property. To the extent required by law,
if specific consideration for the indemnification provided herein is required to be given by the
Grantee to the Grantor then ONE AND NO/100 DOLLAR ($1.00) of the value of the
consideration set forth in this Easement shall be deemed to be such specific consideration.
Grantor acknowledges the adequacy and sufficiency of said specific consideration.
5. Covenant Running With The Land, This Easement and all conditions,
obligations and covenants set forth herein are intended to be and shall be construed as covenants
running with the land, binding the lands described in Exhibits "A" and binding upon and inuring
to the benefit of Grantor or Grantee, as the case may be, and their respective successors and
assigns.
6. Attorneys' Fees, Costs and Expenses. In the event it shall be necessary for any
party to this Easement to bring suit or commence arbitration to enforce any provisions hereof or
for damages on account of any breach of this Easement, the prevailing party in any such suit or
arbitration and any appeals therefrom, shall be entitled to recover from any other party, in
addition to any damages or other relief granted as the result of such suit or arbitration, all costs
and expenses of such suit or arbitration and a reasonable attorneys' fee as set by the court or
arbitrator.
7. Authority. Grantor and Grantee each hereby represent that they have the legal
authority to enter into and execute this Easement and to perform all of the obligations and duties
herein.
8. Governin~ Law. This Easement shall be governed by and construed in
accordance with the Laws of the State of Florida.
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BOOK 14834 PAGE 0923
9. Headings. All sections and descriptive headings in this Easement are inserted for
convenience only, and shall not affect the construction or interpretation hereof.
10. Entire A~reement. This Easement constitutes the entire agreement of the parties
with respect to the subject matter hereof, and may not be modified or amended except by a
written instrument equal in dignity herewith and executed by the parties to be bound thereby.
11. Notices. All notices to be given pursuant to this Easement shall be deemed given
upon receipt if sent by hand delivery, one (1) business day after deposit during normal business
hours in the facilities of an express overnight courier, or three (3) business days after depositing
same with the U.S. Postal Service, certified mail, return receipt requested to the following
addresses:
As to Grantor:
G. A. Homes, Inc.
3010 S. Federal Highway
Boynton Beach, Florida 33425
As to Grantee:
City of Boynton Beach
City Manager
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
The foregoing addresses may be changed from time to time by either party, by
delivering written notice of such change to the other party in accordance with the provisions
hereof.
12. Effective Date. This Easement shall take effect on the date that this Easement is
fully executed by the parties.
13. Invalid Provision. If any provision of this Easement is held to be illegal, invalid
or unenforceable under present or future laws, such provision shall be fully severable; this
Easement shall be construed and enforced as if such illegal, invalid or unenforceable provision
had never comprised a part of this Easement, and the remaining provisions of this Easement shall
remain in full force and effect and shall not be affected by such illegal, valid or unenforceable
provision or by its severance from this Easement. This Easement shall not be construed more
strongly against either party as the parties have negotiated the terms of this Easement.
14. Amendment. The terms and conditions of this Easement may be amended,
modified, revised or terminated at any time by an instrument in writing, executed and
acknowledged by all of the parties hereto or their successors or assigns, and recorded in the
Public Records of Palm Beach County, Florida.
[SIGNATURES AND NOTARIZATIONS ON FOLLOWING PAGES]
BOC I\REALEST~102432 3
29935/0001
BCOK 14834 PAGE 0924
IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement as of the
date set forth above.
Signed, sealed and delivered in the
presence off
Name: /.Z/_~/WZz- (.Lff L~-
GRANTOR:
G.A. HOMES, INC., a Florida corporation
By: ~--___7_~
Name: ~) 6',2 r
Title: [_~ /0~ I'~"--~~ ~'~
-/
STATE OF FLORIDA )
COUNTY OF~v,-\ ~ ~ ec~¢l~,- )
The foregoing instrument wa~ acknow~dged before me this ~"l day of'~o,v, oaeff ,
2003by ~2'~vo~-'--U'~-x~.e¢ as ~], . of G.A. Homes, Inc., a Florida
corporation. .~-~She [.__~"is personally known to me or ( ) has produced
as identification.
Not~ublic ....
Name:-~"~. C. ~<-r~e~
My Commission Expires:
JAN C. DERONER
MY COMMISSION # DO 157765
EXPIRES: November 23, 2006
Bonded Thru Budget Netary Services
BOC1~REALEST~102432.3
29935/0001
BOOK 14834 PAGE 0925
GRANTEE:
Signed, sealed and delivered in the
presence of:
Name: Xj~_. I rr)Ot V. le V
CITY OF BOYNTON BEACH, a
corporation oft~e State of Florida
Name:
Title:
municipal
STATE OF FLORIDA )
APPROVED A~.TO FORM:
CITY ATTORN~
COUNTY OF )
The foregoin, g instrument was ackng~vledged befOre me this ?/ _~_ day of F~.r..,' ~,:,,
2003by ~u,e-J-[~t~FS~,oFrt ,as (._,"/.~? /-w~,,~,h(~f City of-Boynton Beach,
municipal corporation of the State of Florida. vl-Ie?~h:e. ~ersonally known to me or (
has produced as identification.
Notary Public
Name:
My Commission Expires:
tt~[~'o~ Atlantic Bolldtng
BOC 1~REALES'I~102432 3
29935/0001
BOOK 1483~ P~GE 0926
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INTRAOOASTAL WATERWAy
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BOOK 14834 PAGE 0927
Dorothy H. Wilken Clerk
PLATTING - CONDOMINIUMS - LAND DEVELOPMENT - CONSTRUCTION LAYOUT - BOUNDARY - TOPOGRAPHIC
3850 N.W. Boca Raton Blvd. Suite 3, Boca Raton, Florida 33431 Phone: (561) 395-3600 Fax: (561) 395-2237
SKETCH AND LEGAL DESCRIPTION
Ingress, Egress and Utility Easement- Bamboo Lane
Legal Description:
A portion of the Northeast 1/4 of Section 4, Township 46 South, Range 43 East, Palm
Beach County, Florida, being more particularly described as follows:
BEGINNING at a point 285.54 feet South of (as measured at right angles to) the North
Line of said Section 4; thence S.76°27'18"E., a distance of 150.00 feet; thence
N.11°16'09"E., a distance of 13.95 feet; thence N.89°18'46"E., along a line parallel to the
North Line of said Section 4, a distance of 399.78 feet; thence S.05o26'06"W., along a line
parallel to the West Right-of-Way Line of the INTRACOASTAL WATERWAY (recorded in
Plat Book 17, Page 14A, Palm Beach County Records), a distance of 20.11 feet; thence
S.89°18'46"W., a distance of 360.23 feet to a point of curvature of a circular curve to the
left, concave Southeasterly; thence Westerly and Southerly along the arc of said curve
having a radius of 30.00 feet and a central angle of 75058'00'', for an arc distance of
39.78 feet to a point of reverse curvature; thence Southerly along the arc of said curve
having a radius of 6044.32 feet and a central angle of 0°11'04", for an arc distance of
19.46 feet; thence N.83°08'11"W., a distance of 169.15 feet to a point on the East Right-
of-Way Line of U.S. HIGHWAY. No. 1 State Rd. No. 5 (recorded in Plat Book 2, Page
158, Palm Beach County Records), said point being on the arc of a circular curve to the
Left, concave Westerly, at which the radius point bears N.76°09'51"W.; thence Northerly
along the arc of said curve, having a radius of 5762.65 feet and a central angle of
0°38'31", for an arc distance of 64.57 feet to the POINT of BEGINNING.
NOTE: Bearings are based upon an assumed meridian.
Notes:
1 .) Elevations when shown refer to the National Geodetic Vertical Datum (N.G.V.D.). of 1929. Legend:
2.) The lands shown hereon have not been abstracted by this firm regarding matters of interest by other parties, such as easements, BIL or ~ - Base Line
rights-of-ways, reservations, etc., such information should be obtained and verified by others through appropriate title verification. C/L or (~ - Centedine
3.) This drawing is the property of tteger, _Pall)Jck¢ & ~ls$oci,,t¢$, zrnc and was prepared for and certified to the party and/or parties
indicated hereon and is not transferable or assignable, it shall not be used or reproduced whole or in part without wdtten authorization.
4.) All easements shown on the attached drawing are per the record plat (unless otherwise noted).
5.) This Sketch and Legal Description does not constitute a Survey.
Abbreviations: D~N. = DRAINAGE (U) = MEASURED P.O.B = POINT OF BEGINNING
A= = ARC LENGTH EASE. = EASEMENT NT.S. = NOT TO SCALE P.O.C. = POINT OF COMMENCEMENT
B.C.R. = BROWARD COUNTY RECORDS ELEC. = ELECTRIC O.R.B. = OFFICIAL RECORDS BOOK P.O.T. = POINT OF TERMINATION
(C) = CALCULATED FPL = FLORIDA POWER & LIGHT P.B. = PLAT BOOK R= = RAD(US
C.A.T.V. = CABLE T.V. IP. = IRON PIPE P.B.C.R. = PALM BEACH COUNTY RECORDS (R) = RECO~D ' ' '
CH = CHORD LP.C. = IRON PIPE & CAP PG. = PAGE
D= = DELTA (CENTRAL) ANGLE RJVV
I.R. = IRON ROD PROP. = PROPOSED SEC = RIGHT~OF W~AY a ·
~'~. : ~,?,AGE EASEMENT ,'.~C. =!R.O.~,~O.~*.~ ...... P.C.P. ~ PE,~,ENTCONTROLPO,NT Typ. ' S~"
D,A -D,~ETER L'~E '~,.".~_~.~.?_~"' P.R.M. -PE,~ENTREFERE,CEMO,UMENT ~.E.' ~U~SEMENT. . ..
" · . · = r,= M~/=~NL;i: EASEMENT Ip~ = PLAT UTIL F U~7[LITY ' :
Surveyor's Certification: I hereby certify that the attached "Sketch and Legal Description' complies with the "Minimum Techr~ic~:.: ; N~3t Va~d~ Unless'
Standards" for surveys as contained in Chapter 61G17-6, Florida Administrative Code pursuant to Section 472.027 Florida Statutes , ~' ;; . Sig~. e~'~.and~-Emb~s,~.d
.~-~--.~---~~~ ~.. ~ ' . ,: '- w,th the i~ai,d seal- ~;;;.
! '~'~fth~Attes~ng -:,-
~-. ---.--'~ ~ F~OrJda Registered. -
Thomas R. Palbicke, Professional Land Surveyor No. 5061, State of Florida I~rofessional~Lahd Su .ryeY0r'
II
Dakota Lofts Sec. ~ ~S-43, Bamboo Lane Date: 10/17/2002 She~ltt 1 .(~f 2 Sheets
.egal_BambooLane_Overall.doc