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R17-083 . 1 RESOLUTION R17-083 2 • 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING AN EASEMENT 5 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH 6 AND FLORIDA POWER & LIGHT FOR A PERPETUAL 7 EASEMENT TO FACILITATE THE UNDERGROUNDING OF 8 ELECTRICAL UTILITY FACILITIES ALONG NORTHEAST 6TH 9 COURT AND BOYNTON BEACH BOULEVARD AS A PART OF 10 THE OCEAN ONE PROJECT; AUTHORIZING THE MAYOR TO 11 SIGN THE EASEMENT AGREEMENT; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, on April 4, 2017, the City Commission approved site plan (NWSP 15 16-002) for the Ocean One project; and 16 WHEREAS, the developer, as a condition of the approval, has agreed to replace 17 existing street lighting adjacent to site's frontage with underground decorative street 18 lighting along NE 6th Court and Boynton Beach Boulevard; and 19 WHEREAS, FPL has required a perpetual easement for the installation, 20 construction, operation and maintenance of underground electrical utility facilities as 21 depicted in Exhibit "A" of the easement agreement; and 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 23 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 25 as being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 hereby approve the granting of a Utility Easement from the City of Boynton Beach to the 29 Florida Power & Light to facilitate the undergrounding of electrical utility facilities along NE • C:\Users\S tanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOEVN\Utility_Easement_(FPL_NE_6th_Court)_-_Reso.DOe 30 6th Court and Boynton Beach Boulevard as part of the Ocean One project; and authorizes the 31 Mayor to sign the Utility Easement Agreement, a copy of which is attached hereto as Exhibit 32 "A". 33 Section 3. This Resolution will become effective immediately upon passage. 34 PASSED AND ADOPTED this 7th day of September, 2017. 35 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 40 Mayor— Steven B. Grant 41 42 Vice Mayor—Justin Katz 43 44. Commissioner—Mack McCray =5e2,/ 45 46 Commissioner—Christina L. Romelus 47 48 Commissioner—Joe Casello 49 50 51 VOTE `� 52 53 ATTEST: 54 —'411,1404:W1.• 55 56 i� xa� 4" • 57 Jua h A. Pyle, CM. 411 a' U 58 Clerk 59 °. 4rf 61 62 (Corporate Seal) C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOEVN\Utility_Easement_(FPL_NE_6th_Court)__Reso.Doc This instrument prepared by: David N.Tolces,Esquire Goren, Cherof,Doody&Ezrol,P.A. 3099 E. Commercial Boulevard, Suite 200 Fort Lauderdale,FL 33308 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("Agreement") made this day of , 2017, by and between Florida Power&Light Company, a Florida corporation, its affiliates, licensees, agents, successors, and assigns ("FPL") whose address is P.O. Box 14000 Attn: CRE/JB, Juno Beach, Florida 33408-0420, and the City of Boynton Beach, a Florida municipal corporation, ("CITY") whose address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435-7934; RECITALS: WHEREAS, the CITY is the owner of that certain real property located in Boynton Beach, Florida,more particularly described on attached Exhibit A ("Property"); WHEREAS, the CITY desires to grant a perpetual easement to FPL for the installation, construction, operation, and maintenance of overhead and underground electrical utility facilities, including wires, poles, guys, cables, conduits, and appurtenant equipment (collectively "Facilities") upon, on, over, across, and under the portion of the Property depicted on attached Exhibit"A" ("Easement Area")to provide electricity to properties located within the CITY; WHEREAS, once installed, the Facilities will be maintained by FPL, and, if necessary, further replaced by FPL; and WHEREAS,the parties hereto have concluded that the most efficient manner in which to achieve the purposes and goals set forth above would be through the entering into this Agreement, together with granting FPL a right of entry on to the Property for the installation, construction, operation, and maintenance of the Facilities, in accordance with the terms of this Agreement; NOW, THEREFORE, in consideration of the mutual promises contained herein and Ten and No/100 ($10.00) Dollars and other good and valuable consideration, the receipt, sufficiency, and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1. The aforesaid recitals are true and correct and are incorporated herein by this reference. 2. The CITY hereby grants and conveys to FPL a permanent perpetual easement for the installation, construction, operation, and maintenance of the Facilities to be installed from {00123021.2 306-9001821) time to time, with the right to reconstruct, improve, add to, enlarge, change the voltage as well as the size of and remove such Facilities or any of them within the Easement Area, together with the right to permit FPL to attach or place wires to or within any facilities hereunder and lay cable and conduit within the Easement Area, and to operate the same for FPL's communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area, which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; the right to trim and cut and keep trimmed and cut all dead, weak, leaning, or dangerous trees or limbs outside of the Easement Area, which might interfere with or fall upon the lines or systems of communications or power transmission or distribution. 3. This Agreement is a permanent perpetual easement and shall not be changed, altered or amended except by an instrument in writing executed by FPL and the CITY or their respective successors and assigns. 4. The CITY further agrees to sign any applications and documents for any permits which FPL may be required to submit to any local, state, or federal agency in association with the installation and maintenance of the Facilities. FPL agrees to pay any and all fees associated with obtaining any permits from any local, state, or federal agency for the installation of the Facilities. 5. In association with the CITY's grant and conveyance of this Agreement, the CITY shall use its best good faith efforts to obtain a consent and subordination agreement from any person or corporation that holds a mortgage or other property interest in the Property. 6. FPL shall ensure that any portion of the Property damaged by FPL pursuant to this Agreement is returned to as near as its original condition as practical by FPL as of the date FPL commenced such use, at the FPL's own cost, provided such damage is not caused by the City's negligence. This includes any pavement improvements and related roadway improvements removed as part of FPL's installation of the Facilities. 7. The perpetual easements and all conditions and covenants set forth herein are intended to be and shall be construed as covenants running with the land, binding upon and inuring to the benefit of FPL and the CITY, as the case may be, and their respective heirs, successors and assigns, including, without limitation, all subsequent owners and/or tenants of the Easement Area,the Property, and all persons claiming by, through and under them. 8. In the event of any litigation in connection with this Agreement, the prevailing party shall be entitled to recover court costs and reasonable attorney's fees. 9. If any provision in this Agreement shall be determined to be invalid by a court of competent jurisdiction, then such provision or determination shall not affect any other provisions of this Agreement, all of which other provisions shall remain in full force and effect. 10. The CITY represents and warrants that it is lawfully seized and possessed of the Easement Area and Property, that it has a good and lawful right to convey the easements set forth in this Agreement, and that the Property and Easement Area is free from all encumbrances. {00123021.2 306-9001821} Signed and Sealed the day and year first above written. ATTEST: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida By: Judith A. Pyle, City Clerk Steven B. Grant, Mayor Approved as to Form: (SEAL) Office of the City Attorney STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of 20 , by Steven B. Grant, as Mayor of the City of Boynton Beach who is personally known to me or has produced as identification. My Commission expires: Notary Public, State of Florida Printed Name of Notary Public (00123021.2 306-9001821) Signed,sealed and delivered in FLORIDA POWER&LIGHT COMPANY, the presence of: a Florida Corporation Area Real Estate Manager BY: �� Samantha J. Saucier Sign Name Member Michelle M.Kahn= , < Print Name r./ /.4h' it_ C.-L/-7 Signature 11'1 Q. A. Sign Name Marta Hull Print Name STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this VS( day of I f' , 2017 by Samantha J. Saucier , asestategoing & Light Comn. y, a Florida corporation who is personally known to me or has produced a orida Driver's License as identification. `e t - . .„MtALOW L NOTARY PUBLIC =oa r"s Notary Public State of Florida Michelle M Kahmann h -., oQ My Commission FF 901483 '7'.o'Al, Expires 09/18/2019 {00123021.2 306-9001821} Exhibit A Property,Easement Area {00123021.2 306-9001821} I.*r 1.i�'t 947 Clint Moore RoadTel:(561)241-9988 Boca Raton,Florida 33487 S U R V E Y I N GMAPPING Fax: Certificate of Authorization No,LB7264 (561)241-5182 SKETCH AND LEGAL DESCRIPTION (NOTA SURVEY) OCEAN ONE - TEN FOOT WIDE F.P.L. EASEMENT LEGAL DESCRIPTION A 10.00 FOOT WIDE STRIP OF LAND BEING A PORTION OF BOYNTON BEACH 1 BOULEVARD AND N.E. 6TH COURT IN THE NORTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, INCLUDING PORTIONS OF LOTS 1 THROUGH 6, "FUNK BROS. ADDITION TO THE TOWN OF BOYNTON", AS RECORDED IN PLAT BOOK 2 AT PAGE 13 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, • AND A PORTION OF LOTS 39, 41 AND 42 "DEWEY'S SUBDIVISION", AS RECORDED IN PLAT BOOK 1 AT PAGE 37 OF SAID PUBLIC RECORDS, ALL IN ACCORDANCE WITH THE "AGREEMENT PLAT" AS RECORDED IN PLAT BOOK 10 AT PAGE 2 OF SAID PUBLIC RECORDS, THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: I I COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27; THENCE NORTH 89° 55'38" EAST, ALONG THE NORTH LINE OF SAID SECTION 27, A DISTANCE OF 60.70 FEET; THENCE SOUTH 00° 04'22" EAST, A DISTANCE OF 30.02 FEET TO THE POINT OF BEGINNING 1 OF SAID STRIP OF LAND (SAID , POINT LYING ON A LINE 60.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SECTION 27; THENCE NORTH 88° 37'00" EAST, A DISTANCE OF 0.68 FEET TO A POINT LYING ON THE ARC OF A CIRCULAR •CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS SOUTH 55° 32'51" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 55° 28'29", A DISTANCE OF 29.05 FEET TO THE POINT OF TANGENCY; THENCE NORTH 89° 55'38" EAST, ALONG A LINE 17.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 27, A DISTANCE OF 221.56 FEET; THENCE SOUTH 80° 36'22" EAST, A DISTANCE OF 30.40 FEET; THENCE SOUTH 12° 29'07" EAST, A DISTANCE OF 33.79 FEET; THENCE SOUTH 01° 43'30" EAST, ALONG A LINE 2.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID LOTS 39 AND 42, A DISTANCE OF 170.76 FEET; THENCE SOUTH i 00° 05'18" EAST, A DISTANCE OF 70.03 FEET TO A POINT TO BE KNOWN AS REFERENCE POINT A; THENCE SOUTH 01° 43'30" EAST, ALONG SAID WEST LINE OF LOTS 39 AND 42, A DISTANCE OF 95.00 FEET TO THE POINT OF TERMINATION. TOGETHER WITH: CERTIFICATION !HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 5J-17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF PREP D UNDER MY DIRECTION. f/ SU1 OR ANDAPP MAPPER 4 FLORIDA LICENSE NO. LS5111 iI i Project Nome. OCEAN ONE OATS. 05/17/2017 JOB NO. 04175 owc BY. JSH CK'O By. JEK SHEET 1OF 3 'i ii it SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) BEGINNING (2) AT THE AFOREMENTIONED REFERENCE POINT A; THENCE SOUTH 88° 16'30" WEST, A DISTANCE OF 15.00 FEET TO THE POINT OF TERMINATION. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA. NOTES 1. • REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. F 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION. 3. BEARINGS SHOWN HEREON ARE BASED ON THE WEST LINE OF THE NORTHWEST ONE- QUARTER OF SECTION 27, HAVING A BEARING OF NORTH 01°23'00" WEST, ACCORDING TO THE STATE PLANE COORDINATE SYSTEM, STATE OF FLORIDA, EAST ZONE, NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT. ABBREVIATIONS L • ARCLENGTH CONC. • CONCRETE COR. CORNER M D • DELTA (CENTRAL ANGLE) L.B. • LICENSED BUSINESS • L.S. • LICENSED SURVEYOR O.R.B. • OFFICIAL RECORDS BOOK P.O.B. • POINT OF BEGINNING P.O.C. • POINT OF COMMENCEMENT P.B. • • PLAT BOOK P.B.C.R. • PALM BEACH COUNTY RECORDS PG. • PAGE P.S.M. • PROFESSIONAL SURVEYOR 8 MAPPER R/W • RIGHT-OF-WAY f4 PS • I JOB NO. 04175 Protect Nom, OCEAN ONE DWG 8Y. JSH SCALE( N/A co Byi JEK DATE: 05/19/2017 SHEET 2 OF 3 3 • . .. r1 B P.O.C. SKETCH AND LEGAL DESCRIPTIONO�JIII,IinhItHuIi� NW CORNER (NOT A SURVEY) III bII i SECTION 27-45-43 ill) (NOT FOUND) N89° 55'38"E 60.70' 41illl� ; 71N88° 37'00"E BOYNTON BEACH BOULEVARD x - u"0.68' _ _ (" N LINE SECTION 27-45-43 t, til - - - 1P N89° 551 ';EL22i.56' - N - — - -r - — - — - — - — - — - - - P.O.B.1 , . — . — . — . ---- . _ ` _N- -�- S80° 36`22"E 30.40' _ 60 j ��1 S12° 29'07"E 33.79' SOO°04'22"E . L R=30.00' ) _ 30.02' L 2�u5' LOT 1 `-� --2 ' - D=55° 28'29" Ti-l0 3 S55° 32'51"E I• I o RADIAL _ LOT 2 y f 50' III I`,, 1 IIrz 4 ` c FPL EASEMENT LOT 3 r { (ORB 19094,PG. 1699) _ 4 "AGREEMENT PLAT" III1 P ii (P.B. 10, PG. 2) LOT 4 I�' _ "FUNK BROS. ADDITION" I' I - I- --(P-.B:-2,-P ft 13-)- - ---11'11 D S00° 070103Ez. I oI -< LOT 5 S88° 16'30"W I'I N. z _ _15_00' --t 1 REF.PT.A a of-- o -- - - - P.O.TN .� P.O.B.2 mor O, _ F LOT 6 -1 rn •o K 55 z L �j lco a��-i o s I 1u, • 3 (AOMZ a I.low Ny- I* Ilj �n � x ITT, a !I!I I� "AGREEMENT PLAT" P.O.T/?Zm. �mm n: 1 -1 (P.B. 10, PG. 2) m-<,- cNz . Ia LOT 41 I KDc ,z "DEWEY'S SUBDIVISION" -- cn uZ I I1)j (P.B. 1, PG. 37) _ .-oc• Cit( 81 j ' 50' wo 1 v�D IW� I � m IJ 15` y 25'/ I iI! II I L I I Ij 11 s S. LINE LOT 41 - 4" I 4 — — IOCEAN AVENUE (SR 804) JOB NO. 04175 Project Name. OCEAN ONE DWG BY. JSH SCALE. 1"•80' CK'D By, JEK DATE. 05/19/2017 SHEET 3 OF 3 r 1 1