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R16-047 1 RESOLUTION NO. R16 -047 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE ACCEPTANCE OF A 5 10' UTILITY EASEMENT FROM WHITE ROSE HOMES 6 LLC., FOR THE PROPERTY LOCATED AT 133 W. 7 MARTIN LUTHER KING JR., BLVD; AND PROVIDING 8 FOR AN EFFECTIVE DATE. 9 10 11 WHEREAS, the City previously acquired the southerly ten feet (10') of property from 12 White Rose Homes, LLC., at the same address for purposes of installing improvements 13 associated with the Model Block Program; and 14 WHEREAS, this additional 10' easement will provide the City with the ability to 15 install and improve utilities within the easement granted by White Rose Homes, LLC.,; and 16 WHEREAS, the City Commission upon recommendation of staff, deems it 17 appropriate to authorize the acceptance of a 10' Utility Easement from White Rose Homes 18 LLC., for the property located at 133 W. Martin Luther King Jr., Blvd. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission of the City of Boynton Beach, Florida does 25 hereby authorize the acceptance of a 10' Utility Easement from White Rose Homes LLC., to 26 the City for the property located at 133 W. Martin Luther King Jr., Blvd., a copy of the 27 Utility Easement is attached hereto and incorporated herein as Exhibit "A." 28 Section 3. That this Utility Easement will be recorded in the Public Records of 29 Palm Beach County, Florida. S : \CC \WP \Resolutions\2016 \R16 -047 Accept_ Utility_ Easement _(White_Rose)_- _Reso.docx 30 Section 4. This Resolution shall become effective immediately upon passage. 31 PASSED AND ADOPTED this 0`day of ‘ 124,4,-(---4— -; 2016. 32 CITY OF BOYNTON BEACH, FLORIDA 33 34 YES NO 35 36 Mayor — Jerry Taylor 37 38 Vice Mayor — Joe Casello 39 40 Commissioner — Justin Katz 41 42 Commissioner — Mack McCray 43 44 Commissioner — Michael M. Fitzpatrick 45 46 CVO 47 VOTE 48 49 ATTEST: 50 51 , 53 Judi' A. Pyle, CMC / f 54 Ijterim City Clerk 55 56 57 °-�k &E.°p; 58 (Corporate Seal) hfy , .''' 59 4 174 S: \CC \WP \Resolutions\2016\R16 -047 Accept_ Utility_ Easement _(White_Rose)_- _Reso.docx Prepared by and Return to: Kenneth W. Dodge, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, FL 33401 EASEMENT THIS INDENTURE made this a-j day of cru(, A.D., 2016, By White Rose Homes, LLC, a limited liability company existing under the laws of the State of Florida, and having its principal place of business at 22 Country Lake Circle, Boynton Beach, Florida 33436, first party, to the City of Boynton Beach, a political subdivision of the State of Florida, second party: WITNESSETH Whereas, the first party is the owner of property situate in Palm Beach County, Florida, and described as follows: Legal Description THE NORTH 10 FEET OF THE SOUTH 20 FEET OF LOTS 20 AND 21, BLOCK 1, THE FRANK WEBBER ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 1000 SQUARE FEET, MORE OR LESS. and, WHEREAS, the second party desires a utility easement for construction and maintenance of utility facilities; including cable systems and /or other appropriate purposes incidental thereto, on, over and across said Property, and, WHEREAS, the first party is willing to grant such an casement, NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running and one dollar and other good and valuable considerations, the first party does hereby grant unto the party of the second part, its successors and assigns, full and free right and authority to construct, maintain, repair, install and rebuild facilities for above stated purposes and does OO6IO309.2 1 hereby grant a perpetual easement, on over and across the above described property for said purposes. IN WITNESS WHEREOF, the first party has caused these presents to be duly executed in its name and its corporate seal to be hereto affixed, attested by its proper officers thereunto duly authorized, the day and year first above written. Signed, sealed and delivered WHITE ROSE HOMES, LLC In the presence of: By: Signature, les White, Managing Member /)/' /tit Print Name y A /(•, // / > C ATTEST: Signature Secretary 1/1/ Print Name (CORPORATE SEAL) STATE OF `t) _ t COUNTY OF % �f 0 4. (J� I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State C9unty , 1 oar aid to take acknowledgments, personally appeared LJJA[ , well known to me to be the Managing Member of the Corporation named as first party in the foregoing Easement and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily, under authority duly vested in them by said Corporation, and that the seal affixed thereto is the true Corporate seal of said Corporation. ITNESS hand and officials� in the ountry and . tate last aforesaid this day of A.D., 20 ) i(1 Q X1/Aliel /1 f otary Public in an • for the State and County aforesaid. My commission expires: !"' s, 17�IESAt1T1EPwcK R MY COMMISSION OM SS1CN I FF 078493 .. , • EXPIRES: January 11, 21118 Bonded Th attar/ Pubic 00610309.2 — -` f