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R99-073RESOLUTION NO. R99- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE TRANSFERRING OF FDOT'S EXISTING INTERESTS IN BOYNTON BEACH BLVD. FROM US #1 TO THE INTRACOASTAL WATERWAY; ASSURING FDOT THAT THE CITY WILL BE RESPONSIBLE FOR REPAIR AND MAINTENANCE OF THEIR EASEMENT, SHOULD REPAIRS BECOME NECSSARY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, to build the proposed Promenade north of the Marina Project, the City has requested FDOT to transfer their existing right-of-way interests in Boynton Beach Boulevard (from US #1 to the Intracoastal Waterway) to the City; and WHEREAS, underneath their 30' right-of-way is a large stormwater pipe which outfalls into the waterway, and FDOT has requested assurance from the City of Boynton Beach that the City will be responsible to repair and maintain their easement if and when DOT has to make repairs to their pipe; and WHEREAS, passage of this Resolution will enable the City to proceed with the Promenade Project without the necessity of obtaining DOT permit review and approval of the Promenade improvements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach does hereby accept the transferring of FDOT's existing interests in Boynton Beach Blvd. From US #1 to the Intracoastal Waterway, assuring FDOT that the City will be responsible for repair and maintenance of their easement, should repairs become necessary. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this /cC day of June, 1999. ATTEST: Cite'Clerk CITY QE BOYN;I-ON BEACH, FLORIDA Vi'ce Mayor Commissioner Commissioner 1' FINANCIAL PLAZA "~