R95-189RESOLUTION NO. R95-/~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A DRAINAGE
EASEMENT DEED AND FIRST ADDENDUM TO DRAINAGE
EASEMENT DEED (POINCIANA ELEMENTARY SCHOOL)
BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND
THE SCHOOL DISTRICT OF PALM BEACH COUNTY,
FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the CiSy of Boynton Beach,
Florida, upon recommendation of staff, has deemed it to be in
the best interests of the citizens and residents of this City to
execute a Drainage Easement Deed and a First Addendum to said
Drainage Easement Deed with the School District of Palm Beach
County regarding land near Poinciana Elementary School;
NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
~ The City Commission of the City of Boynton
Beach, Florida does hereby authorize the Mayor and City Clerk to
execute a Drainage Easement Deed and First Addendum to said
Drainage Easement Deed between the City of Boynton Beach,
Florida and The School District of Palm Beach County, a copy of
said Deed and Addendum being attached hereto as Exhibit "A"
~ That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this ~ day of December, 1995.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
/~-~ Commis s~ner
'~Cit~ Clerk
(Corporate Seal)
Authsig.doc
12/14/95
THIS INSTRUMENTPREPARED BY MICHAEL L. KIRK
REVIEWED BY ROBERTA. ROSILLO, F. SQ.
AND SHOULD BE RETURNEDTO:
ROBERTA. ROSILLO, ESQ.
SCHOOL DISTRICT OF PALM BEACH COUNTY
3318 FOREST HILL BOULEVARD, C302
WEST PALM BEACH~FLORIDA 33406-5813
DRAINAGE EASEMENT DEED
POINCIANA ELEMENTARY SCHOOL
THIS INDENTURE, made this day of , 1995, by and
between THE CITY OF BOYNTON BEACH, (hereinafter referred to as the "Grantor"), and THE
SCHOOL DISTRICT OF PALM BEACH COUNTY, FLORIDA, a corporate body politic existing
under the laws of the State of Florida (hereinafter referred to as the "Grantee").
WITNESSETH
That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration to it in hand paid by said Grantee, the receipt whereof is
hereby acknowlectged, has granted, bargained, and sold unto Grantee, its successors and/or
assigns, an exclusive .drainage easement for the construction and continued operation,
maintenance, repair, 'alteration, and inspection of a surface water management drainage area
which shall include pipes, .lines, conduits, and together with all incidental equipment~
attachments, and appurtenances pertaining thereto, over, on, upon, across, under and through
the premises belonging to the Grantor located on the property more particularly described as
follows:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN
TOGETHER WITH all rights of ingress and egress necessary for the full and complete use,
occupation and enjoyment of the surface water management drainage area and the drainage
easement hereby granted and all rights, privileges and appurtenances incident thereto.
IT IS UNDERSTOOD that should the Grantee abandon its plan to use the drainage
easement area for surface water management drainage the premises shall revert back to the
Grantor and Grantee shall return the Easement area to its original condition and remove all of
its ~mprovements thereto. The Grantee also agrees to indemnify and hold Grantor harmless from
any and all matters, claims, causes or causes, arid actions whatsoever either in law or in equity,
arising from its use-of the easement granted herein subject to 768.28 Florida Statute.
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THE GRANTEE covenants that it shall comply with all laws, ordinances, rules and
regulations arising out of operation of said surface water management drainage easement area.
THE GRANTEE covenants that it shall be solely responsible for the maintenance of said
surface water management drainage easement area.
GRANTOR shall have the right to landscape and/or sod as necessary the perimeter of
easement so as to maintain the aesthetics of the Grantor property.
THE GRANTOR hereby covenants with Grantee that it is lawfully seized and in
possession of the real property herein described and that it has good and lawful right to grant
· the aforesaid drainage easement free and clear of mortgages and other encumbrances.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal as of
the date first above written.
Signed, sealed and delivered in the. GRANTOR: THE CITY OF BOYNTON
presence of.' BEACH
Witness
Witness
By:
Attest:
STATE OF FLORIDA
COUNTY OF PALM BEACH
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE THIS
, 1995, by and
respectively the and
day of
of THE CITY OF BOYNTON
BEACH, who are personally known to me and who did not take an oath.
NOTARY PUBLIC - STATE OF FLORIDA
MY COMMISSION EXPIRES:
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EXHIBIT "A"
Legal Description
Drainage Easement for Poinciana Elementary School
A PARCEL OF LAND IN THAT PART OF THE NORTHWEST ONE-QUARTER
(NW ~) OF SAID SECTION 21, LYING WITHIN THE RIGHT-OF-WAY FOR SAID
CANAL 16: SAID STRIP OF LAND BEING MORE SPECIFICALLY DESCRIBED AS
FOLLOWS:
FROM AN IRON SPIKE MARKING THE CENTER OF SAID SECTION 21, BEAR
NORTH 1 DEGREE, 39' 19" WEST, ALONG THE EAST LINE OF THE
NORTHWEST ONE-QUARTER (NW~) OF SAID SECTION 21, A DISTANCE OF
937.28 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUE NORTH
1 DEGREE 39' 19" WEST, ALONG SAID EAST LINE, ALSO BEING THE
EASTERLY RIGHT-OF-WAY LINE OF SAID CANAL 16, A DISTANCE OF 53.91
FEET; THENCE, SOUTH B9 DEGREES, 46' 40" WEST, A DISTANCE OF 1335.32
FEET TO A 4" X 4" CONCRETE MONUMENT MARKING THE NORTHEAST (NE)
CORNER OF "KNOLLWOOD SUBDIVISION" ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 27, PAGE 54, PALM BEACH
COUNTY PUBLIC RECORDS; THENCE, SOUTH 1 DEGREE, 49' 14" EAST,
ALONG THE EASTERLY LINE OF SAID KNOLLWOOD SUBDIVISION, ALSO
BEING THE WESTERLY RIGHT-OF-WAY LINE OF SAID CANAL 16, A DISTANCE
OF 51.16 FEET; THENCE NORTH 89 DEGREES, 53' 46" EAST, ALONG THE
NORTHERLY LINE OF CHERRY HILLS SUBDIVISION, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 58, PALM BEACH
COUNTY, FLORIDA, PUBLIC RECORDS, ALSO BEING THE SOUTHERLY
RIGHT-OF-WAY LINE OF SAIrD CANAL 16, A DISTANCE OF 1335.24 FEET TO
THE POINT OF BEGINNING;
CONTAINING 1.61 ACRES, MORE OR LESS.
AND,
A PARCEL OF LAND IN THAT PART OF THE NORTHWEST ONE-QUARTER
(NW~) OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LYING
SOUTH OF THE RIGHT-OF-WAY OF THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT CANAL C-16. SAID PARCEL OF LAND BEING MORE
SPECIFICALLY DESCRIBED AS FOLLOWS:
FROM AN IRON SPIKE MARKING THE CENTER OF SAID SECTION 21, BEAR
NORTH 1 DEGREE, 39' 19" WEST, ALONG THE EAST LINE OF THE
NORTHWEST ONE-QUARTER (NW¼) OF SAID SECTION 21, A DISTANCE OF
937.28 FEET; THENCE SOUTH 89 DEGREES, 53' 46" WEST, A DISTANCE OF
343.67 FEET, ALONG THE NORTHERLY LINE OF CHERRY HILLS SUBDIVISION,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE
58, PALM BEACH COUNTY, FLORIDA, PUBLIC, RECORDS, TO THE
NORTHEAST CORNER OF BENSON STREET RIGHT-OF-WAY; BEING THE
POINT OF BEGINNING; THENCE SOUTH 0 DEGREES, 14' 26" WEST, A
DISTANCE OF 135.71 FEET, THENCE ALONG THE ARC OFA CURVE TO THE
LEFT, HAVING A RADIUS OF 300.00', AND AN INCLUDED ANGLE OF 37
DEGREES, 33' 57", SAID ARC HAVING A CHORD BEARING NORTH 45
DEGREES. 28' 46" WEST, A DISTANCE OF 193.19 FEET, THENCE NORTH 89
DEGREES, 53' 46" EAST, ALONG THE NORTHERLY LINE OF CHERRY HILLS
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 4, PAGE 58, PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS, A
DISTANCE OF 138.31 FEET TO THE POINT OF BEGINNING:
CONTAINING 0.17 ACRES, MORE OR LESS
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MK:bf 11\15\95
NICK MILLER, INC.
Surveying
Planning & Development Consultants
DESCRIPTION (PARCEL A)
A STRIP OF LAND IN THE NORTHWEST ONE-QUARTER (NW 1/4) OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE
43 EAST, DESCRIBED AS FOLLOWS:
FROM THE CENTER OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEAR NORTH I DEGREE, 39' 19"
WEST, ALONG THE EAST LINE OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF SAID SECTION 21, A DISTANCE
OF 937.28 FEET TO THE POINTOF BEGINNING; THENCE, CONTINUE NORTH 1 DEGREE 39' 19" WEST, ALONG SAID
EAST LINE, A DISTANCE OF 53.91 FEET; THENCE, SOUTH 89 DEGREES, 46' 40" WEST, A DISTANCE OF 1335.32 FEET
TO A 4" X 4" CONCRETE MONUMENT MARKING THE NORTHEAST (NE) CORNER OF "KNOLLWOOD SUBDMSION"
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 27, PAGE 54, PALM BEACH COUNTY PUBLIC
RECORDS; THENCE SOUTH I DEGREE, 49' 14" EAST, ALONG THE EASTERLY LINE OF SAID KNOLLWOOD
SUBDIVISION, A DISTANCE OF 51.16 FEET; THENCE NORTH 89 DEGREES, 53' 46" EAST, ALONG THE NORTHERLY
LINE OF CHERRY HILLS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4,
PAGE 58, PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS, A DISTANCE OF 1335~24 FEET TO THE POINT OF
BEGINNING.
TOGETHER WITH (PARCEL B)
A PARCEL OF LAND LYING WITHIN THE PLAT OF CHERRY HILLS AS RECORDED IN PLAT BOOK 4, PAGE 58 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID PARCEL' BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA; THENCE NORTH 01°39'19'' WEST ALONG THE EAST LINg c~: ~aTr~-er:~nn~x,
F~.._ .vA .,~,~, --.-~ ............... 21, A DISTANCE OF 93 7.28
trtrt 1'O 'IHE NORTHWEST CORNER OF THE PLAT OF CHERRY HILLS AS RECORDED IN PLAT BOOK 4, PAGE 58
EA~ RI ...... ~: 7 .... CHERRY HILLS, A DISTANCE OF 343.67 FEET TO THE INTER_SECTION WITH THE
~Hl oi- wAY LINE OF BENSON STREET AS SHOWN ON SAID PLAT OF CHERRY HILLS AND THE POINT
OF BEGINNING; THENCE SOUTH 01049'00'' EAST ALONG SAID EAST RIGHT OF WAY OF BENSON STREET, A
A
lr~L~ A RADIUS OF 300.00 FEET AND A RADIAL BEARING OF NORTH 56°11'55" EAST; THENCE NORTHERLY
i~iNs~.N,~R~THWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°16'29", A
89~51~,~1~,,C~ ,O~F~I 4.2..~1. _F_EI? _TO_ A_ ~POINT ON THE NORTH LINE OF SAID PLAT OF CHERRY HILLS; THENCE NORTH
~ 4o /~A~'i' ALONG THE NORTH LINE OF SAID CHERRY HILLS, A DISTANCE OF 101.16 FEET TO THE POINT
OF BEGINNINO. 7
CONTAINING: 1.70 ACRES MORE OR LESS.
THE DESCRIPTION AND SKETCH SHOWN HEREON MEETS APPLICABLE PORTIONS OF THE MINIMUM TECHNICAL
STANDARDs SET FORTH OmA BOARD OF PROFESSIONAL SURV ','O 'mD M PE S IN C 'TER
61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES.
DATE: 1,- 9-95 GARY RAGER
Certificate Ng(. 4,~5,"
State of Flori{;la
95032C
November 2 I, 1995
SHEET 1 OF 2
2560 RCA Boulevard. Suite 105 · Palm Beach Gardens. Florida 33410 · 1407) 627-5200
Fax (407) 627-0983
01' 49' 14" E
51. 16
LOT
KNOLl. WOOD SUBDIVISION
PER PLAT BOON 27. Pl~,~ 54
Mi!let Street
( Un i mproved)
Frederick Street
(Unimproved)
o
Benson Street~
( Uni mpr oved)
N. 1' 39' 19' w. 937.28
EAST LINE OF NI 1/4 OF
SECT[ON 21, T0tI~ISHIP 45 SOUTH, 53. 91
RANGE 43 EAST
N 01' 3g' lg' W