R08-023
II
1 RESOLUTION NO. R08- Oa3
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, ACCEPTING A PERPETUAL ACCESS
5 EASEMENT, MAINTENANCE AGREEMENT AND
6 DECLARATION OF RESTRICTIONS BETWEEN THE
7 CITY OF BOYNTON BEACH AND DEBORAH CORVEY
8 FOR THE PURPOSE OF INSTALLATION OF A
9 TRAFFIC SIGNAL POLE FOR FIRE STATION #4, AND
10 PROVIDING FOR AN EFFECTIVE DATE.
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13 WHEREAS, the City's Public Works Department has been working with Palm Bech
14 County's Traffic Engineering Division to initialize the design and installation of the fire
15 traffic signal at the Fire Station #4 location; and
16 WHEREAS, due to the requirements of FDOT it was necessary to obtain a location
17 adjacent to the right-of-way on private property; and
18 WHEREAS, the City Commission upon recommendation of staff, deems it
1 9 appropriate to accept the Perpetual Access Easement, Maintenance Agreement and
20 Declaration of Restrictions between the City of Boynton Beach and Deborah Corvey.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 eing true and correct and are hereby made a specific part of this Resolution upon adoption
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Section 2.
The City Commission of the City of Boynton Beach, Florida does
27 ereby accept and authorizes the Mayor and City Clerk to sign the Perpetual Access
28 asement, Maintenance Agreement and Declaration of Restrictions from Deborah Corvey for
29 he installation of a traffic signal pole for Fire Station #4.
:\CA\RESO\AgreementMccess Easement-Corvey- Fire Station 4.doc
II
Section 3.
That this Perpetual Access Esaement, Maintenance Agreement and
2 Declaration of Restrictions will be recorded in the Public Records of Palm Beach County,
3 Florida.
4
Section 4.
This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this ~ day of February, 2008.
CITY OF BOYNTON BEACH, FLORIDA
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Commissioner - Ronald Weiland
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Commissioner - W oodro .
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Commissioner - Marlene Ross
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This instrument prepared by:
David N. Tokes, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 E. Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
CFN 2I.o081,?l123'315
OR BK 22547 PG 0440
RECORDED 04/02/2008 15:46:59
Palm Beach County, Florida
AIH 10.00
Doc Stamp 0. hiJ
Sharon R. Bock,CLERK & COftPTROLLER
Pgs 0440 - 445. (6pgs)
RoS-O~3
PERPETUAL ACCESS EASEMENT. MAINTENANCE AGREEMENT. AND
DECLARATION OF RESTRICTIONS
THIS ACCESS EASEMENT, MAINTENANCE AGREEMENT, AND
DECLARATION OF RESTRICTIONS made this AA day of Februa.r-"" , 2008, by and
between Deborah Corvey ("GRANTOR") whose address is 916 ~ De1ray Beach,
Florida, 33483, and the City of Boynton Beach ("CITY"), a Florida municipal corporation, its
agents, servants, employees, or contractors, whose address is 100 East Boynton Beach
Boulevard, Boynton Beach, Florida 33435-7934;
WIT N E SSE T H:
WHEREAS, the GRANTOR is the owner of that certain parcel of real
(hereinafter referred to as the "Property"), more particularly described as follows:
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WHEREAS, the GRANTOR will grant an Easement to the CITY in order tOft>e~
CITY to install a traffic signal that will serve the exit to the City's Fire Station~, ant:
associated improvements within the Property; and rrJ~
See Legal Description Attached Hereto
WHEREAS, once installed, the traffic signal and associated improvements will be
maintained by Palm Beach County and the CITY; and,
WHEREAS, the GRANTOR will agree not to construct anything of a permanent nature
within the Easement; and,
WHEREAS, the parties hereto have concluded that the most efficient manner in which to
achieve the purposes and goals set forth above would be through the granting of this Access
Easement to the CITY, together with the right of entry into the Property for the construction and
maintenance of the traffic signal and associated improvements, and execution of this
Maintenance Agreement and Declaration of Restrictions;
NOW, THEREFORE, in consideration of the mutual promises contained herein and
Ten and nol100 ($10.00) Dollars and other good and valuable considerations, the receipt,
sufficiency, and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
Page 1 of 4
1. The aforesaid recitals are true and correct and are incorporated herein.
2. The GRANTOR hereby grants and conveys to the CITY a permanent, perpetual
Easement for the installation and maintenance of a traffic signal and associated improvements on
the Property legally described and as depicted on Exhibit "A" which is attached hereto and
incorporated herein by reference.
3. This Easement is a permanent perpetual easement and shall not be changed,
altered or amended except by an instrument in writing executed by GRANTORS and CITY or
their respective successors and assigns.
4. In association with the GRANTOR's grant and conveyance of the Easement,
GRANTOR agrees to cooperate with CITY in order to obtain any consents and/or agreements
from any person or corporation which holds a mortgage or other property interest in the Property.
GRANTOR agrees to sign any applications, documents, and/or amendments to this Agreement
which are required for the mortgage holder to consent to the GRANTOR's conveyance of this
easement to the CITY. CITY agrees to pay any and all fees associated with obtaining any
consents from any mortgage holders, or other entity with a property interest in the Property.
5. The GRANTOR further agrees to sign any applications and documents for any
permits which the CITY may be required to submit to any local, state, or federal agency in
association with the installation and maintenance of the traffic signal and associated
improvements. CITY agrees to pay any and all fees associated with obtaining any permits from
any local, state, or federal agency for the installation of the traffic signal and associated
improvements.
6. GRANTOR also hereby grants and conveys to the CITY a non-exclusive
perpetual Easement for ingress and egress over the Property for the purpose or purposes of
installing the traffic signal and associated improvements on the Property. The GRANTOR
acknowledges that this right of ingress and egress includes any and all temporary access of
adjoining portions of the Property not included within the Easement described in Paragraph 2
above during actual construction, installation and maintenance of the traffic signal and associated
improvements by CITY.
7. For purposes of this Agreement, the term maintain may include, at the option of
the CITY, the actual installation, maintenance, repair, replacement, and/or removal, of such parts
and/or portions of said traffic signal and associated improvements as are deemed to be necessary
by the CITY, and in order to serve and promote the general safety, health and welfare of the
citizenry of the CITY.
8. CITY shall ensure that all of the GRANTOR's property disturbed and used by
CITY pursuant to this Easement is returned to its original condition by CITY as of the date CITY
commenced such use, at the CITY's own cost. This includes repair of damage to any irrigation
damaged during the construction, and the replacement of any landscaping damaged or removed
as part of the CITY's installation ofthe traffic signal and associated improvements.
9. This Easement and all conditions and covenants set forth herein are intended to be
and shall be construed as covenants running with the land, binding upon and inuring to the
Page 2 of 4
benefit of GRANTOR or CITY, as the case may be, and their respective heirs, successors and
assigns, including, without limitation, all subsequent owners and/or tenants of the Easement, the
Property, and all persons claiming by, through and under them.
10. In the event of any litigation in connection with this Agreement, the prevailing
party shall be entitled to recover court costs and reasonable attorney's fees.
11. If any provision in this Agreement shall be determined to be invalid by a court of
competent jurisdiction, then such provision or determination shall not affect any other provisions
of this Agreement, all of which other provisions shall remain in full force and effect.
Signed and Sealed the day and year first above written.
GRANTOR
rint or Type Name
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STATE OF FLORIDA )
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COUNTY OF PALM BEACH )
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared p'fz3()~.f 6m.vr:~ ' as
of Deborah Corvey, who is personally known to me or has produced
as identification, and ackiiow1edged execution of the
foregoing Agreement for the use and purposes mentioned in it and affixed the official seal of the
corporation, and that the instrument is the act and deed of that corporation.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State
and County aforesaid on this~ ( day of , 2008.
JO~~~PhubliC Sl.lIihil 0 Florida ... .
10 ael Sayna
My ~ommiss;on 00626188
EXPfras 02/03/2011
SEAL:
My Commission Expires: J.-{ 3/;0 I(
Page 3 of4
ATTEST:
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e of the City Attorney
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CITY OF BOYNTON BEACH
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BY:' A ~-/
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STATE OF FLORIDA )
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COUNTY OF BROW ARD )
BEFORE ME, the undersigned, this.:2d:... day of .1 ~ ' 2008, personally
appeared Jerry Taylor, Mayor and Janet Prainito, City Clerk ofthe City of' oynton Beach.
~~rsonal1y knownNOTARY PUBlJC.STATE OF FLORIDA
oYt' l' ~ Judith A. Pyle I
Commission # D0421091
Expires: APR. 21, 2009
Bonded Thru Atlantic Bondina Co., Ine.
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H:\1990\900182.BB\AGREEMENTS 2007\Easement Agreement (Deborah Corvey).doc
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Page 4 of 4
UTILITY EASEMENT
A 8' X 12' PARCEL OF LAND
LYING WITHIN THE NORTHEAST ONE-QUARTER (NE %)
OF THE NORTHEAST ONE-QUARTER (NE %) OF
SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
CITY OF BOYNTON BEACH,
PALM BEACH COUNTY, FLORIDA
I P.C.N. # 08-43-45-33-00-000-1020 I
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING WITHIN THE NORTHEAST ONE-QUARTER (NE X) OF THE NORTHEAST ONE-QUARTER
(NE X) OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE WEST 12.00 FEET OF THE NORTH 8.00 FEET OF THE SOUTH 189.99 FEET OF THE NORTHEAST ONE-QUARTER
(NE X) OF THE NORTHEAST ONE-QUARTER (NE X) OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST LYING
EAST OF U.S. HIGHWAY NO.1, AS NOW LAID OUT AND IN USE.
SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, FLORIDA.
NOTES:
1) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY ("THIS IS NOT A SURVEY").
2) THIS SKETCH AND LEGAL DESCRIPTION IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED
EMBOSSED SEAL OF A FLORIDA REGISTERED LAND SURVEYOR
3) BEARINGS SHOWN HEREON ARE REFERENCED TO THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER (NE X)
OF THE NORTHEAST ONE-QUARTER (NE~) HAVING AN ASSUMED BEARING OF N 89013'42" E.
4) WATER LINES, GAS LINES AND BURIED TELEPHONE LINES DEPICTED HEREON ARE BASED ON PAINT MARKINGS
IN THE FEILD BY OTHERS AND NOT BY ACTUAL OBSERVATION OF THE UTILITY OR AS-BUILT RECORDS.
5) SYMBOLS SHOWN HEREON ARE NOT TO SCALE.
LEGEND:
HELLER-WEAVER AN lREM ,INC.
FLORIDA STATE L.B! O. 449
BY: DANIEL C. LAAK \ 7 /
PROFESSIONAL SU V VAND MAPPER
FLORIDA REG. NO..... 18
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DATED: 9-24-07
WORK ORDER NO. 15524
BFP
- GAS-
WATER!
REVISIONS
Heller. Weaver and Sheremeta, inc,
- Engineers... Surveyors and Mappers
310 S.E. 1st Street, Suite 4 Delray Beach, Florida 33483
(561) 243-8700 - Phone (561) 243-8777 - Fax
.
E.B. NO. 0003449
SHRUB
PALM TREE
WATERVALVE
BLACK OLIVE TREE
WATER LINE
BURIED TELEPHONE
OVER HEAD LINE
PROPERTY CONTROL
NUMBER
BACK FLOW PREVENTER
GAS LINE
WATER METER
DATE:
SCALE:
DRAWN BY:
CHECKED BY:
SHEET:
FILE NO.
9/24/07
N1A
W. ROLLE
D.C.lAAK
1 OF 2
07-15524-5S1
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UTILITY EASEMENT
A 8" X 12' PARCEL OF LAND
LYING WITHIN THE NORTHEAST ONE-QUARTER (NE y..)
OF THE NORTHEAST ONE-QUARTER (NE %) OF
SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
CITY OF BOYNTON BEACH,
PALM BEACH COUNTY, FLORIDA
I P.C.N. # 08-43-45-33-00-000-1020 I
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THE NORTH 8.00 FEET OF THE SOUTH 189.99 FEET
OF THE NORTHEAST ONE-QUARTER (NE~) OF THE
NORTHEAST ONE-QUARTER (NE~) OF SECTION 33,
TOWNSHIP 45 SOUTH, RANGE 43 EAST
NORTH LINE OF THE SOUTH 189.99 FEET
OF THE NORTHEAST ONE-QUARTER (NE ~)
OF THE NORTHEAST ONE-QUARTER (NE ~)
OF SECTION 33, TOWNSHIP 45 SOUTH,
RANGE 43 EAST.
,\CATCH BASIN
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P.C.N. # 08-43-45-33-00-000-1020
CONCRETE
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THE WEST 12.00 FEET OF THE SOUTH
189.99 FEET OF THE NORTHEAST
ONE-QUARTER (NE ~) OF THE NORTHEAST
ONE-QUARTER (NE ~) OF SECTION 33,
TOWNSHIP 45 SOUTH, RANGE 43 EAST
LYING EAST OF U.S. HIGHWAY NO.1
SOUTH LINE OF THE NORTHEAST ONE-QUARTER (NE~) OF THE
NORTHEAST ONE-QUARTER (NE~) OF SECTION 33, TOWNSHIP
, ~-=- ~~U~~~~NG~. 43 ~S~. _ ~. 890.1,3'4~", ~ , , _ . . _ . . _ . , _
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
REVISIONS
.
E. B. NO. 0003449
Heller. Weaver and Sheremeta, inc.
- Engineers... Surveyors and Mappers
310 S,E. 1st Street, Suite 4 Delray Beach, Florida 33483
(561) 243-8700 - Phone (561) 243-8777 - Fax
DATE:
SCALE:
DRAWN BY:
CHECKED BY:
SHEET:
FILE NO.
9/24/07
l' = 20'
W. ROLLE
D.C. LAAK
2 OF 2
07-15524-882