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R94-140RESOLUTION R94-/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A TEMPORARY EASEMENT FROM THE CITY OF BOYNTON BEACH TO THE FLORIDA INLAND NAVIGATION DISTRICT, A COPY OF SAID TEMPORARY EASEMENT ATTACHED HERETO AS EXHIBIT "A";AND PROVIDING AN EFFECTIVE DATE. W~EREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, has determined that the renourishment of our beach is needed due to erosion over the past several years; and WHEREAS, the Florida Inland Navigation District has requested easement rights at our public beach to deposit dredge material from the Boynton Inlet; 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 and direct the Mayor and City Clerk to execute a Temporary Easement from the City of Boynton Beach to the Florida Inland Navigation District, said Easement being attached hereto as Exhibit "A" ~ This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this /~ day of August, 1994. ATTEST: Ci~ Clerk CITy OF BOt~NTON BEACH, FLORIDA MayOr Pro Te~' Comm~. Co~ib~n~V ' ~ (Corporate Seal) Be~ch Nourishment P~lm Be~a County, Florida TEMPORARY EASEMENT THIS INDENTURE, made this day of. 19 Boynton Beach, Party of the First Part as Grantor and the .... between the City of FLORIDA INLAND NAVIGATION DISTRICT, 1314 Marcinski Road, Jupiter, Florida 33477, Party of the Second Part as Grantee. WITNF_~SETH, that said Party of the First Part, for and in consideration of the sum of ONE DOLLAR ($1:00), and other valuable consideration the receipt of which is hereby acknowledged, has, granted, bargained and sold,' and by these presents does hereby grant, bargain t of the Second Part, its successors and assigns a temporary and ass~ right-of-way, in, on, over and across the lands herein described, for a period not to extend beyond ten (10) years, beginning with date possession of the land is granted Navigation District for use by the District, its representatives, agents and'¢ prepare, plan, construct, operate, maintain, repair, replace and remove pipel equipment used in connection with the pumping, transmission and t lying and being within Palm Beach County, , described as follows: (See Attachment A) And for the further purposes of depositing dredged material, or other excavated materials as well as equipment on said land, requiting for the construction and maintenance of the dredging and beach nourishment project reserving, however, to the landowners and their assigns, all such rights and privileges as may be used without interfering with or abridging the rights and :easement hereby acquired; subject, however, to existing easements and public roads and highways, public utilities, railroads and pipelines. The said Party of the First Part does hereby fully warrant the title to said land, and will defend the same against lawful claim.~ of all persons whomsoever. This temporary easement may be terminated at any time by either party upon written delivered notice. IN WITNESS WHEREOF, the Party of the First Part has/have hereunto set his/her/their hand and seal on the day and year first above written. SIGNED, SEALED AND DELIVERED .TWO WITNESSES PER GRANTOR Ist Witness 2nd Witness Grantor STATE OF COUNTY OF PERSONALLY appeared before me, the undersigned authority in and for the State and County aforesaid, the within named , a single/married person, wh~ ~ckvowledged that he/she/they signed, sealed and delivered the above and .... ~'~,.,s .ou ~,.,,~,,~ as the day and year mentioned as his/her/their voluntary act and deed, WITNESS MY HAND AND OFFICIAL SEAL, and this day of 1994. My Commission Expires: NOTARY PUBLIC ATTACHMENT A City of Boynton Beach Property Record No. 46-43-45-22~00-005-0130 The sandy beach of the Atlantic Ocean located below the+10 foot contour of Section 22, Township 45, range 43, North 219.41 feet of south 386.93 feet of Government Lots 1 & 5 lying east of Ocean Blvd. :~ 80002'30" ~:::::::~ ::::::::::: :]: ~::~ =:=i , , i ',-'""'"'"",=, *~*'**';';"1 I J'" : 11 ? ~ ' ,,....... ~..,:<...-.: ..,.,. ~ ,, ,. ~: ,, ~ ~. :::~ ~ ~,~:::::¢~ :~:~::~1~ ~:~:~: ~ ~: 4" '-%' '.-~ ~ ,:.:C.:.:. ~ .24 ',:. ~,' .:, :4-:4 i~ .. C ~ ~ ,..,-... .~ %, ... ,.~.. -- ~.~,. · ...~...:.:;, · ~ ~':'t:.: .:+ ,:, ,:; ~;:;:. ~:;~:::::: I' ~ ~:~:~ ~ ~ ',4 ~ ,, :~:::~: ffi 2::: :::::::> ~:::~ ~ ~ ~ ~:: :-: :~ ~ 4-;+:4 :.:.: x :,,::::: :.:. -'~, ~ ~ ~-~:-: ~ ..... ~ ~'~ , ¢<.:. ,~,;.~ ~;. .'~" ~ :¢¢':-:.: 4~, '~.l,: ~:.:~ ~:.:-:~ ~:¢~ ~ ~', ~,~:.: ~ :~ ;:~;:;: ::~:~ ::::~ ~;f:~-If: ::: :: r ~ &~::~ x / :.~:~::: ~ :~, :::::1 :~:~l;~:~:.:~ , f;-~ .~. u~s ~ ~, ~ 0 I , C-~5 , ,~~ TAYLOR ENGINEERING INC Location of FIND B~nton Inlet ~ ~~O~ DR~ Beech Disposal Si~ PB-BB ~ I of 6 ~~ ~ FL~3~ ~lm Beeoh County'~ Florida