R96-025RESOLUTION NO. R96-~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
RATIFYING THE GRANT OF SANITARY SEWER
AND WATER EASEMENT BETWEEN THE CITY OF
BOYNTON BEACHAND S AND S INVESTMENTS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, S and S Investments {Grantor) owns a parcel of
land in a portion of the Southwest one-quarter of Section 5,
Township 46 south, range 43 east, Palm Beach County, Florida;
and
WHEREAS, the City of Boynton Beach (Grantee) is desirous of
obtaining a sanitary sewer and water line easement in, upon,
over, across, under and through a portion of the property for
the purpose of the sanitary sewer and water utilities; and
WHEREAS, Grantor and Grantee desire to confirm and ratify
the dedication to and acceptance by the City of Boynton Beach of
a sanitary sewer lift station located within the Easement Area.
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, Florida, does hereby ratify the Grant of Sanitary Sewer
and Water Easement between the City of Boynton Beach and S and
S Investments, a copy of which is annexed hereto as Exhibit "A".
Section 2. This
immediately upon passage.
Resolution shali take effect
PASSED AND ADOPTED this ~6~O day of February, 1996.
CITY OF BOYNTON BEACH, FLORIDA
Vicg Ma~or
ATTEST:
City Clerk
(Corporate Seal)
Commissioner
Utilities. Emse~ent
ErE/City, 2/15/96
GRANT OF SANITARY SEWER AND WATER EASEMENT
THIS EASEMENT dated this day of January, 1996
between S and S Investments, a New Jersey general
partnership, having its principal place of business at 194
Nassau Street, Princeton, New Jersey 08542, successor-in-
interest to G.R. Palm Associates (hereinafter called
"Grantor"), and the City of Boynton Beach, a political
subdivision of the State of Florida (hereinafter called
"Grantee").
(Wherever used herein, the terms "Grantor" and
"Grantee" shall include singular and plural, heirs,
legal representatives and assigns of individuals and
the successors and assigns of corporations, wherever
the context so admits or requires.)
W EsSE :
WHEREAS, Grantor owns 'a'parcel of land in a portion of
the Southwest one-quarter (SW 1/4) of Section 5, Township 46
South, Range 43 East, Palm Beach County, Florida, being more
particularly described on Exhibit "A" attached hereto and
made a part hereof (the "Property"); and
WHEREAS, Grantee is desirous of obtaining a sanitary
sewer and water line easement in, upon, over, across, under
and through a portion of the Property for the purpose of the
sanitary sewer and water utilities, the metes and bounds
being described on Exhibit "B" and shown on the plan
prepared by Shalloway, Foy, Rayman & Newell, Inc., 1201
Belvedere Road, West Palm Beach, Florida 33405 dated
November 2, 1995 (Job No. 95052.04) annexed hereto as
Exhibit "C", which Exhibits are attached hereto and
incorporated herein;
WHEREAS, Grantor and Grantee desire
ratify the dedication to and acceptance
Boynton Beach of a sanitary sewer lift
within the Easement Area referenced below;
to confirm and
by the City of
station located
NOW, THEREFORE, in consideration of the sum of Ten
($10.00) Dollars and other good and valuable consideration,
the receipt and sufficiency of which are hereby
acknowledged, subject to the covenants, promises and
agreements contained herein, Grantor and Grantee do mutually
covenant, promise and agree as follows:
ARTICLE I
GRANT OF ~ASEMENTS
1.1 Grantor hereby grants, bargains, sells, and
conveys to Grantee, absolutely and forever, a perpetual
non-exclusive easement and right-of-way, which shall run
with the land, in, upon, on, over, under and through a
certain portion of the Property owned by Grantor, for the
purpose of access to, constructing, operating, inspecting,
installing, reconstructing, repairing, maintaining, altering
and replacing an existing sanitary sewer lift station (the
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Henry N. Portner, Esquire
194 Nassau Street
Princeton, New Jersey 08542
"Lift~ Station") and sanitary sewer and water lines inclusive
of said lines, mains and appurtenant facilities which had
been or are hereby dedicated to the Grantee (the
"Easement"). Grantee if it has not heretofore accepted said
dedication hereby accepts said dedication of the Lift
Station and sanitary sewer and water lines and shall adopt
an appropriate resolution to authorize same if it has not
heretofore done so. Grantee retains sole title to the Lift
Station and sanitary sewer and water lines. The location
and dimensions of the Easement shall be as shown on Exhibit
"B" (herein called "Easement Area") and Exhibit "C" annexed
hereto and made a part hereof.
1.2 Grantor reserves the right to use said lands for
any purposes not inconsistent with the use of the Easement
Agreement prow[ded same do not materially interfere with or
prevent the use of the Easement Area for the purposes
intended herein and provided further that nothing contained
herein, nor the exercise of any rights granted to Grantee
hereunder, shall unreasonably interfere with Grantor's
reasonable use of the Property inclusive of the Easement
Area.
1.3 Grantor shall have the right to connect to the
sanitary sewer lines and water lines at any point along the
sanitary sewer and water lines and Lift Station within the
Easement Area in order to service future development on both
the Property and the adjacent property described on Exhibit
"D" attached hereto and made a part hereof ("Adjacent
~roperty"). Grantor shall be responsible to obtain the
requisite government approvals for such a connection and
Grantees agree to cooperate, as necessary, with Grantor to
obtain same.
ARTICLE II
NON-OBSTRUCTION AND NON-DISTURBANCE OF EASEMENT AREAS;
PERFORMANCE OF WORK
2.1 The parties hereto agree that none of them will
cause, suffer or permit any obstruction of the Easement Area
herein created; provided, however, nothing herein contained
shall preclude either party from erecting such temporary
barriers as are necessary for the performance of maintenance
or repair work, however, at no time shall Grantee interfere
with ingress or egress to the Property.
2.2 In the event that the exercise of the rights
granted herein by any party results in the disturbance of
the surface of any lands, and/or any improvements thereon,
of any other party except as contemplated herein, said
disturbance shall be repaired, and the surface of such
property and any improvements thereon shall be restored to
the extent reasonably practical to their condition existing
prior to the exercise of such rights to the reasonable
satisfaction of the other party, by the party exercising
such rights, at such exercising party's sole cost and
expense.
2.3 Ail work performed by any party hereunder, its
employees, agents or contractors hereunder shall be done in
a workmanlike and diligent manner.
ARTICLE III
MAINTENANCE AND REPAIRS; CONTRIBUTIONS; INSURANCE
3.1 Grantee shall undertake and be responsible at its
sole cost for the operation, maintenance, repair and
replacement of the sanitary sewer and water lines within the
- 2 -
described Easement Area and the Lift Station and its piping
and appurtenant facilities.
ARTICLE IV
MISCELLANEOUS
4.1 NO WAIVER. The failure by either party to insist
upon strict performance of any of the covenants of this
Agreement or to exercise any remedies available to it shall
not be construed as a waiver or relinquishment of any such
covenants or remedies, all of which shall remain in full
force and effect.
4.2 MODIFICATIONS. The parties may agree, in writing,
from time to time to modify, extend, curtail, enlarge,
revise or restrict the easements granted herein, and any
such' change shall be effective upon the execution and
delivery of such document by and to both parties.
4.3 INDEMNIFICATION. Grantee hereby indemnifies,
defends and saves Grantor harmless from any and all claims,
causes of action, fees, costs, liabilities, damages and
demands, including reasonable attorney fees and court costs,
whether for injuries to persons or loss of lives or damage
to property occuring in, on or about the Easement Area which
arises directly or indirectly from the acts or omissions of
the Grantee, its agents, servants, employees or invitees or
in the exercise of its rights hereunder.
4.4 ENTIRE AGREEMENT. This Agreement constitutes the
entire understanding between the parties concerning the
subject matter herein contained. This Agreement may not be
amended, modified, altered or waived, in whole or part,
except by a subsequent writing signed by the parties sought
to be bound.
4.5 GOVERNING LAW. This Agreement shall be construed
in accordance within the laws of the State of Florida.
4.6 RECORDING. The parties
Easement Agreement may be recorded in
Clerk of Palm Beach County, Florida.
acknowledge that this
the Office of the
4.7 SEVERABILITY. If any of the provisions of this
Agreement shall be held invalid by a court of competent
jurisdiction, such adjudication shall not effect the
validity or enforceability of the remaining portions of this
Agreement.
4.8 COMPLIANCE. Grantee shall, at its own cost and
expense, comply with all laws, requirements and regulations
of every public or governmental body exercising jurisdiction
over the Easement Area or over the operations of Grantee
with respect to the Lift Station and the water and sanitary
sewer lines dedicated herein, and shall procure and pay for
any and all necessary licenses, permits, consents and shall
pay any and all fees, taxes and assessments required to be
paid for the use of the Easement Area. Grantor makes no
representation concerning and assumes no responsibility or
liability in connection with any law, ordinance, rule or
regulation of any public or governmental body which may
limit, affect, regulate or prohibit the use of the Easement
Area for the purposes permitted by this Easement Agreement.
- 3 -
IN WITNESS WHEREOF, the undersigned have caused these
presents to be signed and sealed on the day and year first
written above.
WITNESS:
S AND S INVESTMENTS (Grantor)
Carolyn ~ilman, , Jeff
~~~_/~/M~l~a Gene~l Partner
ATT~STi ' ' -
cITY OF BOYNTO~ BEACH
Acknowledgment Page ~~
State of New Jersey ~!T¥
County of Mercer
TO FORM:
I HEREBY CERTIFY that the foregoing instrument was on
this day acknowledged before me, an officer duly authorized
in the State and County aforesaid to take acknowledgments,
by Jeffrey H. Sands, who is personally known to me, as a
general partner of S and S Investments, a New Jersey general
partnership, on behalf of the partnership as Grantor who
acknowledged executing same in the presence of two
subscribing witnesses freely and voluntarily.
WITNESS my hand and official seal in the County and
State last aforesaid this P6~ day of January, 1996.
My Commission Expires:
OF NEW JlSISEy
Oct. 17. 1090
~OTARY PUBLIC
(SEAL)
State of Florida
County of PALM BEACH
The foregoing instrument was acknowledged before me, an
officer duly authorized in the State and County aforesaid to
take acknowledgments, by Suzanne M. Krn~ , the Clerk of
the City of Boynton Beach, the municipal corporation named
above who acknowledged that said instrument was signed by
~era~ T~v]~r , the Mayor of the City of Boynton Beach who
was dul~ authorized by a proper resolution of the City
1996.
Council on this 31Stday of January
My Commission Expires:
~NOTAR~ PUbLiC '
"~.~ ~:', EVE EUBANKS
~-:~..- ,~ ~
(-SEAL ~_,,: ~ ..,= MY COMMISSION # CC276705 EXPIRES
:- :~=
- 4 -
EXHIBIT "A"
A parcel of land in a portion of~the Southwest One-Quarter (SW 1/4)
of Section 5, Township 46 South, Range 43 East, Palm Beach County,
Florida, being more particularly described as follows: Commencing
at the Southwest corner of said Section 5; Thence run North (the
West line of Section 5 is assumed to bear North-South and all other
bearings are relative thereto) along the West line of said Section
5, a distance of 110.00 feet to a point; Thence run S-89 degrees-48
minutes-45 seconds-E, a distance of 53.00 feet to a point in the
East right of way line of Congress Avenue; Thence continue on the
preceding described course, a distance of 1460.21 feet to a point
in the Westerly right of way line of the Seaboard Coast Line
Railroad; Thence run N-18 degrees-21 minutes-59 seconds-E, along
said Westerly right of way line, a distance of 607.01 feet to the
point of beginning of the herein described parcel; Thence N-89
degrees-58 minutes-02 seconds-W, a distance of 891.35 feet; Thence
N-0 degrees-01 minutes-58 seconds-E, a distance of 390.75 feet;
Thence N-48 degrees-35 minutes-55 seconds-W, a distance of 407.05
feet; Thence North, a distance of 232.00 feet; Thence West a
distance of 455.00 feet, more or less, to a point in the said
Easterly right of way line of Congress Avenue; Thence North along
said right Of way line, a distance of 178.66 feet; Thence N-88
degrees-51 minutes-44 seconds-E, a distance of 2020.80 feet, more
or less to the said Westerly right of way line of the Seaboard
Coast Line Railroad; Thence S-18 degrees-21 minutes-59 seconds-W,
along said Westerly right of way line, a distance of 1170.88 feet
to the Point of Beginning. Said parcel subjeot to the following:
An Easement over the Easterly 110 feet (as measured at right angles
to) thereof for Florida Power and Light Company, as recorded in
Official Records Book 602, Page 623, dated February 24, 1961.
A right of way over the Westerly 80 feet of the Easterly 190 feet
(as measured at right angles to) thereof for the Lake Worth
Drainage District Canal No. E-3 1/2, as recorded in Official
Records Book 1803, Page 254.
LESS
A portion of the Southwest One-Quarter (S.W. 1/4) of Section 5,
Township 46 South, Range 43 East, Palm Beach County, Florida, and
being more particularly described as follows:
Commencing at the West One-Quarter (W. 1/4) corner of said Section
5; Thence South 00 degrees, 42 minutes, 07 seconds East, along the
West line of the Southwest One-Quarter (S.W. 1/4) of said Section
5, a distance of 871.89 feet; Thence North 89 degrees, 17 minutes,
53 seconds East, at right angles to the last described course, a
distance of 53.00 feet to the Point of Beginning; Thence North 88
degrees, 10 minutes, 02 seconds East, a distance of 7.00 feet;
Thence South 00 degrees, 42 minutes, 07 seconds East, along a line
parallel with and 60.00 feet East of as measured at right angles to
the West line of the Southwest One-Quarter (S.W. 1/4) of said
Section 5, a distance of 756.11 feet; Thence South 89 degrees, 17
minutes, 53 seconds West, a distance of 7.00 feet; Thence North 00
degrees, 42 minutes, 07 seconds West, alOng a line parallel with
and 53.00 feet East of as measured at right angles to the West line
of the Southwest One-Quarter (S.W. 1/4) ~of said Section 5, a
distance of 755.97 feet to the Point of Beginning.
LEGAL DESCRIPTION
UTILITY EASEMENT
A PARCEL OF LAND IN A PORTION OF THE SOUTHWEST ONE-QUARTER (SW 1/4)
OF SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORID~ BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5; THENCE RUN
NORTH (THE WEST LINE OF SECTION 5 IS ASSUMED TO BEAR NORTH-SOUTH AND
ALL OTHER BEARINGS ARE RELATIVE THERETO) ALONG THE WEST LINE OF SAID
SECTION 5. A DISTANCE OF 1573.59 FEET TO A POINT; THENCE S 90°00'00'E, A
DISTANCE OF 60.00 FEET TO THE EASTERLY RIGHT,DF-WAY LINE OF CONGRESS
AVENUE (120' WIDE RIGHT-OF-WAY] THENCE ALONG SAID EASTERLY RIGHT-OF-
WAY LINE, N00° 00'00'W A DISTANCE OF 82.26 FEET TO THE POINT OF BEGINNING;
THENCE S86°31'52'E A DISTANCE OF 75.12 FEET; THENCE N89°17'04'E A
DISTANCE OF 157.45 FEET; THENCE S89°56'00'E A DISTANCE OF 225.09 FEET;
THENCE SOO° 38'42'WA DISTAJNCE OF 7.35 FEET; THENCE S89° 21 '18'E A DISTANCE
OF 80.39 FEET; THENCE N00°38'42'E A DISTANCE OF 15.00 FEET; THENCE
N89°21'18'W A DISTANCE OF 43.86 FEET; THENCE N00°38'42'E A DISTANCE OF
101.88 FEET; THENCE S88°51'4~t'W A DISTANCE OF 29-73 .FEET;"THENCE
SOO° 38'42'W A DISTANCE OF 85.96 FEET; TH ENCE S89°21'18'E A DISTANCE OF 6.83
FEET; THENCE S00°38'42"W A DISTANCE OF 7.65 FEET; THENCE N89°56'.00~V A
DISTANCE OF 2,2,5.34 FEET; THENCE S89°17'04"W A DISTANCE OF 157.01 FEET;
THENCE N86°31 52"W A DISTANCE OF 75.48 FEET TO SAID EASTERLY RIGHT-OF-
WAY LINE OF CONGRESS AVENUE; THENCE ALONG SAID EASTERLY RIGHT-OF-
WAY LINE, SOO° 00'00'E A DISTANCE OF 15.03 FEET TO THE POINT OF BEGINNING.
CONTAINING 11,,188 SQUARE.FEET.
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON COMPLIES WITH
THE MINIMUM TECHNICAL STANDARDS, AS SET FORTH BY THE FLORIDA BOARD
OF LAND SURVEYOR'S, PURSUANT TO SECTION 472.027 FLORIDA STATUTES.
NOTE:
1. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE
BY THIS OFFICE.
2. THE SURVEY IS BASED ON INFORMATION FURNISHED
BY CLIENT OR CLIENT'S REPRESENTATIVE.
3. THIS SURVEY IS NOT VALID UNLESS SEALED WITH
AN EMBOSSED SURVEYOR'S SEAL.
-"12AR Y ~?MAN, R.L.S.
STATE OF FLORIDA
#2633
FOR,
SCALE,
N/A
DI~A~/N ]~Y~ C.A.R.
CHECKED BY,
G. RAYMAN
DATE, 11/02/1995
II
UNITED PARCEL SERVICE
1 ' ~1 11 ~ ~FFIELD BnlF1K 19'
mna.o ay, roy, //
Rayman & Newell, Inc.l!
IIENGINEERS - PLANNERS - SUR~_EYORSIIFLDR~D^ aLS
) k~' B-..~.~ ~o~. ,~ ~m~ m~. ,~m~ ~. ('~-'~9k" ' ' '
EXHIBIT B
SHEET,
JOD I~
95052.04
SECTION §
TO. SHIP 46 SOUTH
RANGE 43 EAST
BEARING BASE:
THE CENTERLINE OF CONGRESS AVENUE IS
TAKEN AS BEING NOO'00'OO'E AND ALL
OTHER BEARINGS ARE RELATIVE THERETO.
FO o
· ~k ~ 75 98'
~'u~86'3~1 52'W ~;~9'17'Q~."W 157.0t'
L
~ ~86'31'52"E 157.45'
/ ~11. 75. t2t N89~7'O4"E
~oo'oo'0o"w
82.26
NDO'00'O0"W
(PALM BEACH COUNTY BRASS DISC)
POINT OF COMMENCEMENT
SOU~ST CORNER OF SEC~ON
5/46S/43E
CALOO~a
Z
~l SCALE: 1'=100' . LOCATION MAP
..~.J EASTERLY RIGHT-bF WAY
~' ~LINE OF CONGRESS AVENUE ~ S88'51'44"W
o. ~ ,, ~ N88'51'44"E 2013.81' ~ 29.7,3'
· O O CO
~ . o S892118 E --,
"ri rn o/ " S00'38 ~2"W ~ ~ I.-2 '
~ , o. 75 98' 765 .
71 ~L "' ' AREA=Il,188 SO. FT. ~ z
21 / "[FI,S86'51'52"E- I 15745 S1~9'56'00"E 22509· ~-- I'~o
~1 /' .~lI' 75 t2: ' ' oo~ S89'.21..'1_{~"E
'->/ CO1 ' ~ 80.39
/ ¼1 ~ NO0'O CO
~ ,~"~ W 448.01' [~
9.19 tl 8o. oo' gl
oo ~ LEGEND OF ABBREVIATIONS °~
'J ------~ ,
(J~rr~
UNITED PARCEL SERVICE
EXHIBIT C
Shalloway, Foy, If
1"--100' FIELD BOOK N~ SHEET,/
DESCRIPTION
A PARCEL O[" LAND IN A P')RTION DF TH~O~
TOWNSHIP 46 SOUTH ~H.WEST',~'~E-QU~RTER' (SN%') OF SECTION 5,
, ~NGE 43 EAST',-pAL~3]'~kACH C~'~NTY~ .FLORIDA, BEING MORE PAR-
TICULARLY DESCRIBED AS FOLLOWS: COMMENC'~N~ A~.:]~iiE SOUTHWEST CORNER OF SAID.
SECTION 5; THENCE RUN NORTH (THE WEST .'LiD~ OFj~C~I~N 5 IS ASSUMED TO BEAR
NORTH-SOUTH ~ND ALL ~THER BEARINGS ARE'RE~ATIVf' THERETO) ALONG THE WEST LINE
OF SAID SECTfON:5, A. DISTANCE OF l10.06:.~EET O. A"POIN' ..'. ......
ut- CONGRESS AVENUE AND THE POINT ~= .... d.,~2_ _= - 7..~--. ,,~ul~T Up' WAY LINE
THENCE CONTINUE:~ON THE PRECEDING D~Km~rm~ ...... -, R ~-N. DESCRIBED PARCEL;
~-- -~o-..x~u ~UURSE; A DISTANCE OF 1460.21 FEET
TO A POINT IN TEE WESTERLY'.RIGHT OF WAY LI~- OF TR~ 'SEABOARD COAST LINE RAIL-
lANCE OF 390 ~5~- ' ' ' ' '
WEST, A D~STANC~ '~ ' ............... ~'~T~NC~$pF ;23~.00 FEE~'- TH'
WAY LINE OF ~ T, MORE O~},.%~,: TO]LTHE~-SAID EASTE '
_ . CON~RESS AVENUE; THE ':~;: ..... :'~'~J.-a-m' · . ~LY RIGHT OF
DISTANCE OF ~% 7~ m~ ..... NCE..SOUT~-~LONG.~'AIu.~tGHT OF ~AY '
THE FOLLOWING: .:~p~NNING, '" 'SAID PARCEL SUBJECT TO
OF FOR FLORIDA ~'OWER' AND'LiGItT COMPANY AS/.RECORDE~ iN OFF~!AL ~RECORD BOO/<
602, PAGE 623, 0ATED FEBRq~Ry 24,.:'1961
A RIGHT OF WAY 6VER THE ~S~ERLY 80 FEET:'~F?T~{m E~J'rmRLY-t90 FEET('AS MEASURED
AT RIGHT ANGLES~%O) ~HEREOF%. FOR TIiE. LAt(E-~6RTH D~INAGE DISTRICT CANAL NO
AS ~CORDED IN 6FFICYAL RE~6RD BOOK lSD j, '~aSE 25~.
SAID PARCEL CON?LINING: ''-
33.508 GRO~S ACRES
i. 532 ACREJ IN FLORIDA POWER AND 5IGN~- COMPANY EASEMENT
1'. 114 ACRE~ IN -LAKE WORTH D~INAGE DISTRICT RIGHT OF WAY
30. 862 NET~ACRES .-
EXHIBIT D