R08-049
II
1 RESOLUTION NO. R08- ot.l9
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 ST. ANDREWS
8 CLUB, INC., FOR THE PURPOSE OF INSTALLATION
9 OF A SANITARY LIFT STATION NO. 101 AND
1 0 ASSOCIATED IMPROVEMENTS WITHIN THE
11 PROPERTY, AND PROVIDING FOR AN EFFECTIVE
12 DATE.
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15 WHEREAS, Lift Station 101 was constructed many years ago on the grounds of the
16 St. Andrews Club Golf Course but has been on by-pass pumping for the past 1 and Yz years
17 due to electrical and mechanical systems failing; and
18 WHEREAS, in order to maintain the City's level of service, a new lift station must be
19 built; and
20 WHEREAS, the City Commission upon recommendation of staff, deems it
21 appropriate to accept the Perpetual Access Easement, Maintenance Agreement and
22 Declaration of Restrictions between the City of Boynton Beach and St. Andrews Club, Inc.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 eing true and correct and are hereby made a specific part of this Resolution upon adoption
27
28
Section 2.
The City Commission of the City of Boynton Beach, Florida does
29
ereby accept and authorizes the Mayor and City Clerk to sign the Perpetual Access
30
asement, Maintenance Agreement and Declaration of Restrictions from St. Andrews Club,
:\CA\RESOlAgreementMccess Easement-St Andrews -LS I 0 I.doc
II
Inc., for the installation of sanitary sewer lift station No. 101 and associated improvements
2 within the property.
3
Section 3.
That this Perpetual Access Easement, Maintenance Agreement and
4 Declaration of Restrictions will be recorded in the Public Records of Palm Beach County,
5 Florida.
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Section 4.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of April, 2008.
CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
(Corporate Seal)
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CFN 20080185416
OR BK 22641 PG 0470
RECORDED 05/15/2008 89:47:59
Pal. Beach County, Florida
AKT 10.00
Doc Sta.p 0.70
Sharon R. Bock,CLERK & COftPTROLLER
Pgs 0470 - 475t (6pgs)
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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
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PERPETUAL ACCESS EASEMENT. MAINTENANCE AGREEMENT. AND
DECLARATION OF RESTRICTIONS
THIS ACCESS EASEMENT, MAINTENANCE AGREEMENT, AND
DECLARATION OF RESTRICTIONS made this.2Y~ day of Ap~IL ,2008, by and
between St. Andrews Club, Inc. ("GRANTOR") whose address is 4475 N. Ocean Boulevard,
Delray Beach, Palm Beach County, Florida, 33483-7517, 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 property
(hereinafter referred to as the "Property"), more particularly described as follows:
See Legal Description Attached Hereto
WHEREAS, the GRANTOR will grant an Easement to the CITY in order to permit
CITY to install sanitary sewer lift station No. 101 and associated improvements within the
Property in order to improve sanitary sewer utility services within the CITY; and
WHEREAS, the GRANTOR will grant an Easement to the CITY in order to permit
CITY to install sanitary sewer lift station No. 101 and associated improvements within the
Property, pursuant to the Erdman / Anthony drawing No. 60018.02 Boynton Beach Lift Station
101 Site Plan, in order to improve sanitary sewer utility services within the CITY; and
WHEREAS, the City Commission has authorized the expenditure of funds for the CITY
to install a sanitary sewer lift station upon grantor's property and associated improvements; and,
WHEREAS, once installed, the sanitary sewer lift station and associated improvements
will be maintained by CITY, and, if necessary, further replaced by 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
Page 1 of4
Easement to the CITY, together with the right of entry into the Property for the construction and
maintenance of the sanitary sewer lift station 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 nolI 00 ($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:
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 sanitary sewer lift station 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.
GRANTORS agree 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 sanitary sewer lift station 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 sanitary sewer lift station 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 sanitary sewer lift station 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 sanitary sewer
lift station and associated improvements by CITY. The CITY, in cooperation with the
GRANTOR, shall specifically identify the portion of GRANTOR's property that the CITY may
use for access during the construction period. Only one truck at a time will be permitted on the
temporary access road during the construction period. Construction will take place no earlier
than May 15, 2008, and shall be complete no later than July 18, 2008, unless agreed to in writing
by the parties.
Page 2 of 4
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 sanitary sewer lift station 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 the golf course,
the removal of the access road, repair and replacement of any irrigation damaged during the
construction, and the replacement of any landscaping damaged or removed as part of the CITY's
installation of the sanitary sewer lift station and associated improvements. The CITY shall also
install a green PVC coated galvanized chain-link fence around the 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
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.
WITNESSES:
M'AL 21~
P f.1 RC> R c R U ff=} r.J 0
Print or Type Name
GRANTOR
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St. Andrews Club, Inc. U--
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Print or Type Name
(Corporate Seal)
Page 3 of4
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 100(1../ f. Co~ o.l-\~ Lo l(, Pv;ytce..., as
Pr.u.;!u\i 6-",J $u.,.~i6-Yd- of St. Andrews Club, Inc., ~~ersonally known to fue or has produced
as identification, and acknowledged execution of the
foregoing Agreement as the proper official of St. Andrews Club, Inc., 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 FOEEGOING, I have. set my hand and official seal at in the State
and Count aforesaid on this 23M day of Afrt ( ,2008.
i""a\. No~ry Public State of Florida () . ~ 4. ~
. . Delrtlre T Ruffino U A .
":tJ.~ Z My~ommiss1onDD712455 NOTARY PUBLIC
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COUNTY OF BROW ARD )
BEFORE ME, the undersigned, this 0ay of
appeared Jerry Taylor, Mayor and Janet Prainito, City Clerk of the Ci
(~~rsonallY known
SEAL:
My Commission Expires:
ATTEST:
STATE OF FLORIDA
, 2008, personally
of Boynton Beach.
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Notary Public, State of Florida
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THE SOUTHWEST ONE-QUARTER SECTWN 34 TWP 45 S RGE 43 EAST
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NORTH LINE OF
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LEGEND
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NOTES
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2.
THIS IS NOT A SURVEY.
3.
UNLESS I T BEARS THE SIGNA TURE AND ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER,
THIS SKETCH IS FOR INFORMATIONAL PURPOSES ONL Y.
4.
NOT VAL ID UNLESS ACCOMPANIED BY SHEET 2 OF 2.
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UTILITY EASEMENT
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f2 = BASE LINE
D = DELTA
EX. = EXISTING
L = LENGTH
ORB = OFFICIAL RECORD BOOK
PB = PLAT BOOK
PBC = PALM BEACH COUNTY
PC = POINT OF CURVATURE
PG = PAGE
P/L = PROPERTY LINE
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
R = RADIUS
RGE = RANGE
R/W = RIGHT OF WAY
SR = STATE ROAD
TWP = TONNSHIP
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BEARINGS BASED ON THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER / a ~ '- 1;:
(1/4) OF SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST AS _ ~L 29':..!2:..Y( _ _ C\J lJJ. c..~
ESTABL ISHED BY THE PALM BEACH COUNTY, FLORIDA ENGINEERING ~ ~ 200.21' ,- r ,,; ", i.!s Q
DEPARTMENT. . P/L I I ltJ a '- cS
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LEGAL DESCRIPTION
(LIFT STAT/ON # /OJ)
A UTn I TY EASEMENT IN THE SOUTHWEST ONE-OUARTER (/ /4) OF SECTION 34, TOWNSHIP 45
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; SAID UTILI TY EASEMENT LYING IN LOT /4 OF
BENSON BROTHERS SUBDI VISION, AS RECORDED IN PLA T BOOK 5. PAGES 27 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS:
COMMENCING A T THE NORTHWEST CORNER OF THE SOUTHWEST ONE-OUARTER (/ /4) OF SAID SECTION 34;
THENCE NORTH 8900/ '45 # EAST, ALONG THE NORTH LINE OF SAID SOUTHWEST ONE-OUARTER (/ /4)
OF SAID SECTION 34. /3/9.// FEET TO THE WEST LINE OF STATE ROAD A/A AS SHOWN ON FLORIDA
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION 93060-25/0; THENCE SOUTH 0/037'/7# WEST,
ALONG SAID WEST RIGHT OF WAY LINE, 368.67 FEET TO THE NORTHEAST CORNER OF ST. ANDREWS FAIRWAYS
CONDOMINIUM III AS RECORDED IN THE PUBL IC RECORDS OF PALM BEACH COUNTY, FLORIDA IN OFFICIAL
RECORD BOOK 3048 AT PAGE 730; THENCE SOUTH 88059'/5# WEST, ALONG SAID ST. ANDREWS FAIRWAYS
CONDOMINIUM Ill. 200.2/ FEET; THENCE SOUTH 0/037'17# WEST, ALONG SAID ST. ANDREWS FAIRWAYS
CONDOMINIUM III AND ALONG ST. ANDREWS FAIRWA YS CONDOMINIUM AS RECORDED IN AFORESAID
PUBL IC RECORDS IN OFFICIAL RECORD BOOK 2373 A T PAGE /8/7, A TOTAL DISTANCE OF //8.96 FEET TO
THE POINT OF CUR VA TURE OF A CURVE CONCA VE TO THE EAST HA VING A DEL TA ANGLE OF 03043' /8 # AND A
RADIUS OF 3448.98 FEET; THENCE SOUTHERL Y CONTINUING ALONG SAID ST. ANDREWS FAIRWA YS
CONDOMINUM III ALONG THE ARC OF SAID CURVE, 224.03 FEET; THENCE SOUTH 87053 '58 N WEST, ALONG
A RADIAL LINE TO SAID CURVE, /06.24 FEET TO THE POINT OF BEGINNING; THENCE DUE SOUTH. 30.00 FEET;
THENCE DUE WEST, 30.00 FEET; THENCE DUE NORTH, 30.00 FEET; THENCE DUE EAST. 30.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 900.0 SQUARE FEET, MORE OR LESS.
NOTE
THIS IS NOT A SURVEY.
NOT VAL ID UNLESS ACCOMPANIED BY SHEET / OF 2.
I HEREBY CERTIFY THA T THE A TTACHED SKETCH AND THE ABOVE LEGAL DESCRIPTION
ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEL IEF. I FURTHER CERTIFY
THA T THE A TTACHED SKETCH AND ABOVE LEGAL DESCRIPTION MEET THE INTENT OF THE MINIMUM
TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA AS SET FORTH BY THE
FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027,
FLORIDA sTArurEs AND ADOPTED IN CHAPTER 6/G/7-6. FLORIDA ADMINISTRATIVE CODE.
NOT VA( ID UNLESS EMBOSSED I'll TH SURVEYORS
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BR AN ME 'RI TT
PROFESS ONAL SURVEYOR AND MAPPER
NO. LS6558, STATE OF FLORIDA
LB NO. 7334
SEAL.
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DATE
BOYNTON BEACH
LIFT STA TION
#101
ERDMAN ~
ANTHONY ~..~
UTILITY EASEMENT
DESCRIPTION
1482 RO'fIll. NlLM IlEACH Il.Vll..1l.1lG 511
RO'fIll. PIIl.M IIEACH, FLlJlIIIA 33411
PH !i6H5J-qnJ FAX 561-7!jJ.Qn4 EB'25'l12 LB'7334
60018.02
20F2
CITY CLERK'S OFFICE
MEMORANDUM
TO:
James Cherof
City Attorney
FROM:
Janet Prainito
City Clerk
DATE:
April 23, 2008
RE:
Agreement Approved by City Commission on 4-15-08
Attached is an agreement that was approved by the City Commission at their regular meeting
held on April 15, 2008. Please review, sign and return to me for further processing. Thank
you.
NO. OF
RESOLUTION # DOCUMENTS DESCRIPTION
R08-049 1 Approving and authorizing execution of a
Perpetual Access Easement, Maintenance
agreement and Declaration of Restrictions
between the St. Andrews Club and the City of
Boynton Beach for Lift Station 101
8::: trn. p~
chment
S:\CC\WP\AFTER COMMISSION\City Attorney TransmittalsWear 2008\04-15-08B.doc