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R01-274 RESOLUTION RO1- o~'-/q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, GRANTING A UTILITY EASEMENT TO BELLSOUTH TELECOMMUNICATIONS, INC., FOR THE RELOCATION OF A TELECOMMUNICTIONS JUNCTION BOX; AND PROVIDING AN EFFECTIVE DATE. WI-IEREAS, during the widening of Seacrest Boulevard south of Woolbright Road to allow for the double left turn lane movement fast January, 2001, the eas~ right-of-way sidewalk was installed on the City Utility Department property v~a a new sidewalk easement that was granted to Palm Beach County to accomplish this task; and WttEREAS, as a result, an existing BellSouth telephone junction box was found te be in conflict with the relocated sidewalk path; WHEREAS, it is the purpose of this requested easement to proceed with the relocation of the existing telecommunications junction box within Seaerest Boulevard to a satisfactory location off the right-of-way and into a controlled easement. 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 Boymon Beach, Florida does hereby approve the conveyance of an Easement from the City of Boymon Beach to the BellSouth Telecommunications, [nc., for the relocation of a telecommunications junction box, and authorizes the Mayor and City Clerk to execute said Easement, a copy of which is attached hereto as Exhibit "A",. Section2. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this l{~ day of October, 2001. ATTEST: ST~.TE OF FLOP,~DA ~COUNTY OF PALM BEACH EASEMENT For and in consideration of TEN dollars ($ 10.00 ~ and other good and valuable consideration, the adequacy and recmpt of which is hereby acknowledged, the undersigned owner(s/of the premises described below, hereinafter referred m as Grantor, do(es) hereby grant m BELLSOUTH TELECOMMUNICA- TIONS, INC., a Georgia corporation, its licensees, agents, successors, asstgns, and allied and associated compames, hereinafter referred to a~ Grantee. an easement to construct, operate, maintain, add. and/or remove such systems of communications, facilities, or related services as the Grantee may from Ume to ume require upon, over, and under a portion of the lands described in PLAT BOOK 1 page 4 Pail Beach County.. Florida. Records. and. m the fullest extent the grantor has the power m grant, upon. over. along, and under the roads, streets, or- highways adjoining or through said property. The Said easement is more particularly described as follows: All that tract or parcel of land lying in Section Meridian, (strip) [parceB of land SEE EXHIBIT "A" 33 , Township PALM BEACH 45S . Range 43E County, State of Florida. consisting of a The following rights are also grunted.' the exclusive right to allow any other person, firm, or corporation to attach wires or lay cable or conduit or other appurtenances upon, over. and under said easement for communications or electric power transmission or distribution; ingress to and egress from said easement at all times; the right, but not the obligation, to clear the easement and keep it cleared of all trees, undergrowth, or other obstructions: the right, but not the obligation~ to uSm and cut and keep rammed and cut all dead, weak, leaning, or dangerous trees or limbs outside the easement which might interfere with or fall upon the lines or systems of communication or power transnnssion or distribution; and the right to relocate said facilities, sysrema of communications, or related services on said lands to conform to any future highway relocation, wideding, or improvements. To have and to hold the above granted easement unto BellSouth Telecommunications, Inc., its licensees, agents, successors, assigns, and allied and associated compaines forever and in perpetuity. Grantor warrants that grantor is the tree owner of record of the above described land on which the aforesaid easement is granted. SPECIAL STIPULATIONS OR COMMENTS: The following special stipulations shall control th the event of conflict with any of~ae foregoing easement: Preparer's name and address: (Return document to the BellSouth address on back) 2021 SOUTH MILITARY TRAIL WEST PALM BEACH FL.33415 BELL SOUTH EXCLUSIVE EASEMENT A PARCEL OF LAND BEING A PORTION OF TRACTS 1 AND 2 OF THE PLAT OF THE "SUBDIVISION OF SECTION 33, TOWNSHIP 4S SOUTH, RANGE 43 EAST". AS RECORDED IN PLAT BOOK 1, AT PAGE 4. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAiD SECTION 33, ALSO BEING THE CENTERLINE OF WOOLBR1GHT ROAD (A RIGHT-OF-WAY 80.00 FEET WIDE), WiTH THE CENTERLINE OF SEACREST BOULEVARD (A RIGHT-OF-WAY 80.00 FEET WIDE); THENCE SOUTH 01°31'01' EAST, ALONG SAiD CENTERLINE OF SEACREST BOULEVARD. A DISTANCE OF 65.97 FEET: THENCE NORTH 88°28'59" EAST, A DISTANCE OF 40.00 FEET TO AN INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID SEACREST BOULEVARD; THENCE SOUTH 01°31'01 ~ EAST ALONG SAID RiGHT-OF-WAY LINE, A DISTANCE OF 91.92 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 3859.83 FEET'. THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE. ' THROUGH A CENTRAL ANGLE OF 05°16'23" A DISTANCE OF 422.59 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 86°58'20" EAST, A DISTANCE OF 32.41 FEET; THENCE NORTH 03'01'40" EAST. A DISTANCE OF 9.61 FEET: THENCE NORTH 86°55'20, WEST, A DISTANCE OF 2.50'; THENCE NORTH 03001'40" EAST, A DISTANCE OF 10.00 FEET: THENCE SOUTH ~6°58'20' EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTF 3 01 40 WEST. A DISTANCE OF 10.00 FEET: THENCE NORTH 86°58~0'' WEST, A DISTANCE OF 2.50 FEET; THENCE SOUTH 03°01'40~ WEST. A DISTANCE OF 14.61 FEET; THENCE NORTH 86°58'20'' WEST ~ DISTANCE OF 37.56 FEET TO AN INTERSECTION WITH THE EAST RIGHT- OF-WAY LINE OF SEACREST BOULEVARD: BEING A POINT ON A CURVE CONCAVE TO THE WEST, HAVING A RADIUS DF 3859.83 FEET: THENCE NORTHWESTERLY ALONG THE ARC OF SAiD CURVE AND EAST RIGHT-OF WAY LINE, THROUGH A CENTRAL ANGLE OF 00°04'27` A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. CONTAINING: 335 SQUARE FEET OR 0.0077 ACRES MORE OR LESS. SURVEYORS NOTES: 1) 2) THIS DESCRIPTION AND SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEA[~ OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THiS IS NOT A SURVEY. 3) 4} 5) SEE SHEETS 2 & 3 FOR SKETCH TO ACCOMPANY THIS DESCRIPTION BEARINGS SHOWN HEREON ARE BASED UPON AN ASSUMED BEARING OF NORTH 89°19'59'. EAST ALONG THE NORTH LINE OF SECTION 33, TOWNSHIP 45 SOUTH. RANGE 43 EAST. THE PARENT TRACT INFORMATION FOR THIS DESCRIPTION AND SKETCH IS BASED UPON A BOUNDARY SURVEY PROVIDED TO OUR OFICE BY THE CITY OF BOYNTON BEACH. CERTIFICATION: 1 HEREBY CERTIFY THAT THE DESCRIPTION AND SKETCH ATTACHED HERETO MEETS THE iNTENT OF THE MINIMUM TECHNICAL STANDARDS FOR DESCRIPTIONS AND SKETCHES AS SET FORTH N CHAPTER 61G17-6.006 (1) OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. W.L. FISH & COMPANY, INC. PATRICK B. MEEDS PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRANT NO. 4728 W.L.FISH & COMPANY J~PP.0YESSIONAL SURV~YORS ~ ~APPERS 105 S. NARCISSUS A~. SUI~ 712 ~ST PA~ 8EACH, ~ORIDA 33401 (561)853-5001 FAX: (561)659--6745 JANUARY 9, 2001 BELL SOUTH EXCLUSIVE EASEMENT1 O EAST WATER TREATMENT PLANT CITY OF BOYNTON BEACH, FLORIDA )RAIN: E. BARRON~DATE: 01/0g/2001 SHEET CHECKED: P.B.M. ~JOB~ 2000-393LEGAL NO. ' OF 3 POINT OF COMMENCEMENT_ N'88°28'59" E'4'0.00' ~.._°~°a5~.~_ ~ W00I~BRIGHT ROAD (80' __L(-?E. ? ~. i /-.- N89°19'59" E 522.48' "~-S'01°31 '01" E' gl .92' 40.00' R = 3859.83' '--D = 6°16'2,,3" A ' 422.59 .,.-SEE SHEET ~o~ ~ETm EE~ SOUTH EXCLUSIVE EASEMENT POINT OF BEGINNING OF TRACTS 1 & 2 0~ SUBDIVISION OF ~ SECTION 33, T~P. 45 S., RGE. 43 E. P.B. 1, PAGE 4 LINE OF TRACT 2 S.89°1 3'07"W. 526.44' THIS IS NOT A SURVEY [~PROFE$$IONAL SURVEYORS & [ ~ [ST PA~ aEACH, FLORIDA ( )833-5001 FAX: (561)659-67~5 E-mail: mep~ers~ifish.com GRAPHIC SCALE BELL SOUTH EXCLUSIVE EASEMENT O EAST WATER TREATMENT PLANT CITY OF BOYNTON BEACH, FLORIDA DRAWN: E. BARRON DATE: 01/09/2001 SHEET 2HECKED: P.B.M. JOB# 2000-393LEGAL NO, 2 OF 3 PARTS OF TRACTS 1 &: 2 SUBDiViSiON OF SECTION 53, TWP. 45 S., RGE. 45 E. P.B. 1, PAGE 4 o cO N.03°01 '40"E. L lo.oo, N'86°58'20"W.-_ I ~ 2.50' /l_n ~ N.03°O 1 '40" E ~ r-. 9.61' .-- I BELL SOUTH EXCLUSIVE EASEMENT 0 2 5 10 GRAPHIC SCALE 2O OF BEGINNING I S.03°01 '40,,W.' 10.00' I FO--.__ N.86o58,20. W. I 2.50' S'86°58'20" E. 32.41'1 .............. .., . ~"---.~ s.o3ool~4o.w. '--R = 5859.83' D = 00o04,27, A = 5.00' THIS IS NOT A SURVEY W.L.FISH & COMPANYI 105 S. NARCISSUS AVE., SUl~ 712 ~ST PALM BEACH, FLORIDA 33~1 BELL SOUTH EXCLUSIVE EASEMENT-~ ~ EAST WATER TREATMENT PL&NT CITY OF BOYNTON BEACH, FLORIDA DRAWN: E. BARRON~DATE: 01/09/2001 SHEET CHECKED: P.B.M.~JOB~ 2006--393LEGAL NO. 3 OF