R10-108
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1 RESOLUTION NO. RIO-IO~
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3 I A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 I FLORIDA, AUTHORIZE THE ACQUISITION AND
5 ACCEPT ANCE OF A UTILITY EASEMENT FROM THE
6 BANYAN SPRINGS PROPERTY OWNERS
7 ASSOCIATION IN CONSIDERA TION OF THE
8 PAYMENT OF $20,000.00; AND PROVIDING FOR AN
9 EFFECTIVE DATE.
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12 WHEREAS, the existing utilities, traffic control devices and traffic pattern in the
13 intersection of Boynton Beach Boulevard and Military Trail make it very difficult and
14 expensive for the installation of Section A Well field Interconnection Raw Water Main to
15 traverse the intersection; and
16 WHEREAS, as a cost saving measure the City approached the Banyan Springs
17 Homeowners Association which owns a parcel of land at the southeast comer of the
18 intersection and requested an easement from the Association; and
19 WHEREAS, originally, the Homeowners Association asked for a 10% roll back of the
20 water rates for the Cedar Point Communities as consideration, however a counteroffer of
21 $20,000 was accepted by the Homeowners Association.
22 WHEREAS, the City Commission upon recommendation of staff, deems it
23 appropriate to authorize the acquisition and accept the Utility Easement from the Banyan
24 Springs Property Owners Association in consideration of the payment of $20,000.00.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a specific part of this Resolution upon adoption
29 hereof.
S.ICAIRESOIReso - Authorize purchase of Utility Easement (Banyan).doc
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1 Section 2. The City Commission of the City of Boynton Beach, Florida does
2 hereby authorize the acquisition and accept the Utility Easement from the Banyan Springs
3 Property Owners Association in consideration of the payment of $20,000.00, a copy of the
4 Utility Easement is attached hereto and incorporated herein as Exhibit "A."
5 Section 3. That this Utility Easement will be recorded in the Public Records of
6 Palm Beach County, Florida.
7 Section 4. This Resolution shall become effective immediately upon passage.
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9 PASSED AND ADOPTED this ~ day of August, 2010.
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11 CITY 5*' BOYNTON BEACH, FLORIDA
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26 ommlSSlOner ~
27 ATTEST:
28 Yn. p~
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30 Ja et M. Prainito, MMC
31 Ity Clerk
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S.\CAIRESO\Reso - Authorize purchase uflltility Easement (Banyan).doc
This Instrument was Prepared By:
James A. Cherof, City Attorney
City of Boynton Beach
100 East Boynton:Beach Boulevard
Boynton Beach, F~orida 33435
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Folio No. 494227580010
UTILITY EASEMENT
This Utility Easement is made on this ~ day of~, 2010 by Banyan Springs
Property Owners Association, Inc., a Florida non profit corporation (hereinafter the
"Grantor"), whose address is 10780 Cedar Point Boulevard, Boynton Beach, Florida 33437, to
and in favor of the City of Boynton Beach, a Florida municipal corporation existing under
the laws of the State of Florida (hereinafter the "Grantee or CITY"), whose address is 100 East
Boynton Beach, Florida 33435.
WITNESSEm:
WHEREAS, GRANTOR is the fee simple owner of that certain strip of land within a
portion of Plat No.6, Cedar Point, more particularly described in Exhibit "A" (the "Property")
attached hereto.
WHEREAS, the CITY desires an easement for water and sewer utilities andlor other
appropriate purposes incidental thereto, on, over and across the Property.
WHEREAS, GRANTOR is willing to grant such an easement provided that CITY will
restore landscaping and inigation on the Property to a condition comparable to the condition which
exists prior to the execution of this easement.
NOW, THEREFORE, for and in consideration of the sum of TEN AND 001100 Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which
GRANTOR hereby aclmowledged, the parties agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein by
reference as if repeated at length.
2. Grant of Easement. GRANTOR hereby grants to the CITY, a perpetual; non-
exclusive 15 feet utility easement in, on and under the Property, including constructing, installing,
operating, maintaining, repairing and replacing utility improvements.
3. Perpetual Duration. This Easement shall be perpetual in duration and shall not be
changed, altered or amended except by a written instrument executed by GRANTOR and CITY or
their respective successors and/or assigns.
4. Covenants of Grantor. GRANTOR hereby warrants and covenants the following:
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I a. GRAN:rOR is the owner offee simple title to the Property.
I b. The Property is free and clear of all encumbrances that are inconsistent
with the terms of this easement; that GRANTOR has good right and lawful
authority to grant this easement to CITY, and that GRANTOR hereby fully
warrants and defends the title to the Property against the claims of all
persons whomsoever.
c. GRANTOR warrants that CITY shall have quiet and peaceful possession,
use and enjoyment of the easement.
5. Remedies for Breach. GRANTOR and/or CITY shall each have the right to
enforce the terms of this easement and the rights and obligations created herein by aU remedies
provided under the laws of the State of Florida, .including without limitation, the right to sue for
damages for breach or for injunction or specific performance. In the event that it is necessary for
either GRANTOR and/or CITY to file suit in order to enforce the te:(1Ils hereof, then the prevailing
party in such suit shall be entitled to be paid reasonable attorney's fees and. court costs in addition
to any other award that the Court might make fbrm the non prevailing party.
6. Covenant Running with the Land. This easement and all conditions and covenants
set forth herein are intended and shall be construed as covenants nmning with the land, binding
upon and insuring to the benefit of GRANTOR or CITY, as the case may be, and their respective
successors and/or assigns, including without limitation, all subsequent owners of the Property and
all persons claiming by, through and under them.
7. Entire Agreement. This easement constitutes the entire agreement between the
parties and supersedes all prior agreements, understandings and arrangements, both oral and
written, between the parties with respect thereto.
8. . Recordation. This Agreement shall be recorded in the Public Records of Palm
Beach County, Florida.
9. Severability. In the event any provision or portion of this agreement is held by any
court of competent jurisdiction to be invalid or unenforceable, such holding will not affect the
remainder hereof, and the remaining provisions shall continue in full force and effect to the same
extent as would. have been the case had such invalid or unenforceable provision or portion never
been a part hereof.
IN WITNESS HEREOF, the parties have set their hands and seals the day and year first
written above.
GRANTOR
BANYAN SPRIN"GS PROPERTY
OWNERS ASSOCIATION, :WC.
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, By: Barry,~..: e~-P.resident
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STATE OF FLORIDA !
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COUNTY OF PALM BEACH i
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The foregoing instrument was aclmowledged before me this I sJ day of ~ 2010 by Barry I
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Prince, President of Banyan Springs Property Owners Association, In ., a Frida non- profit
corporation, on behalf of the Association, who is ~sonallv ImoWl]. to me or who has produced a
Driver's License, as identification.
L ,t~
. i~.,'<t. Notary Public SIale of Florida
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" EXHIBIT "A"
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Il. DESCRIPTION
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I A STRIP OF LAND FOR EASEMENT PURPOSES, BEING 15.00 FEET IN WIDTH, LYING
0 OVER AND ACROSS A PORTION OF PLAT NO.6, CEDAR POINT, ACCORDING TO THE
a PLAT THEREOF, AS RECORDED IN PLAT BOOK 43, PAGE 148, PUBLIC RECORDS OF
I PALM BEACH COLJNTY, FLORIDA; THE CENTERLINE OF SAID STRIP OF LAND BEING MORE
PARTICULARl., Y DESCRIBED AS FOLLOWS:
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~ COMMENCE AT THE SOUTHEAST CORNER OF SAID PLAT NO.6, CEDAR POINT; THENCE
NORTH 01'39'57" EAST, ALONG THE EAST LINE OF SAID PLAT AND THE WEST RIGHT
i OF WAY LINE OF SOUTH MILITARY TRAIL, A ,:,~ISTANCE OF 613.56 FEET TO THE POINT
k OF BEGINNING: .,
i THENCE NORTH 45'50'29" WEST, DEPARTING SAID EAST AND WEST LINE, A DISTANCE
~ OF 186.16 FEET TO THE POINT OF TERMINUS.
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IS! BEING BOUNDED ON THE NORTH BY THE SOUTH RIGHT OF WAY LINE OF BOYNTON
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I BEACH BOULEVARD (STATE ROAD NO. 804) AND BEING BOUNDED ON THE SOUTH BY
~ SAID EAST LINE OF PLAT NO.6, CEDAR POINT AND SAID WEST RIGHT OF WAY LINE
OF SOUTH MILITARY TRAIL.
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I CONTAINING 2,792 SQUARE FEET, MORE OR LESS.
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I THE EAST LINE OF PLAT NO.6, CEDAR POINT IS TAKEN TO BEAR NORTH 01'39'57"
II EAST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO.
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I i LEGEND
I <t - CENTERLINE
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! I ~ 2.010 Boyle engineering THIS IS NOT A SURVEY
~ SURVEYOR AND MAPPER'S SIGNATURE PROJECT NAME:
~ 15 1. UNlESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF
it A flORIDA lICENSED SURVEYOR AND MAPPER. THIS MAP/REPORT IS SKETCH AND DESCRIPTION
" FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VAUD. CITY OF BOYNTON BEACH
~ 2. NO SEARCH OF THE PUBUC RECORDS HAS BEEN MADE BY THIS
~ OFFICE. 15 FOOT UTILITY EASEMENT
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I BRIAN C. KIERNAN, PROFESSIONAl. SURVEYOR & MAPPER
STATE OF FLORIDA NO. 6101
BQYLE I AECOM Scale: NA REVISIONS:
BOYLE ENGINEERING
3550 S.W. Corporate Parkway Sheet 10F2 Field Book: NA Page: ' NA Field: NA
Palm City, FlorIda 34990 Computed: 81\' Dote
T 772.286.3863 F 772.286.3925 FILE NO. Project No.
BPR c!c FBPE License No's: 2005 Be La 7622 'IV 1/6/2010 60103549lGll 6010~9
www,boyle.aec:om.com Checked:
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Scale: 1" = 60'
BOYNTON BEACH BOULEVARD -1---
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if SECTION NUMBER 97931-2347, DATED 05/15/2000
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j THIS IS NOT A SURVEY @ 2010 Boyle Englneedng
BOYLE I AECOM Scale: 1 "=60' PROJECT NAME:
BOYLE ENGINEERING Sheet 20 2' :1, , erN OF BOYNTON BEACH
3550 S.W. Corporate Parkway
, Palm City, Florldo 34990 ,.
T 772.286.3883 F 772.286.3925 Computed: B~ Date FILE NO. Project No.
BPR Ik FBPE Ucense No's: 2005 Be La 7622 1/6/2010 601 03549LGL 1 60103549
www.boylll.allCom.com Checked: TV