R17-122 RESOLUTION R17- 122
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND ACCEPTING AN EASEMENT
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND FLORIDA POWER & LIGHT TO GRANT AN EASEMENT
FOR WATER AND SEWER UTILITIES AT FPL'S BOYNTON
BEACH SERVICE CENTER LOCATED AT 9293 SOUTH
MILITARY TRAIL; AUTHORIZING THE MAYOR TO SIGN
11 THE EASEMENT AGREEMENT; AND PROVIDING AN
1 EFFECTIVE DATE.
1 .
1 WHEREAS, as part of improvements at the Florida Power & Light Company
1• (FPL) Boynton Beach Service Center located at 9293 South Military Trail, FPL will grant
1 ' a 12 foot easement for water and sewer utilities to the City of Boynton Beach; and
1: WHEREAS, a non-exclusive, perpetual easement will be granted to the City for
1 the sole purpose of constructing, reconstructing, laying, installing, operating, maintaining,
18 repairing, replacing, improving, removing and inspecting water and sewer utilities.
1• NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
2i OF THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
2 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
2 as being true and correct and are hereby made a specific part of this Resolution upon adoption
2 hereof.
2, Section 2. The City Commission of the City of Boynton Beach, Florida does
2' hereby approve and accept an Easement Agreement from Florida Power& Light to the City
2: of Boynton Beach for water and sewer utilities at FPL's Boynton Beach Service Center
2 located at 9293 South Military Trail; and authorizes the Mayor to sign the Utility Easement
2; Agreement, a copy of which is attached hereto as Exhibit"A".
2• Section 3. This Resolution will become effective immediately upon passage.
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Beach.8006.1.Utility_Easement_(FPL_9293_S_Mi litary_Trail)_-_Reso.Doc
PASSED AND ADOPTED this day of , 2017.
7C10I
381
391
41
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CITY OF BOYNTON BEACH, FLORIDA
Mayor — Steven B. Grant
Vice Mayor — Justin Katz
Commissioner — Mack McCray
Commissioner — Christina L. Romelus
Commissioner — Joe Casello
VOTE
ATTEST:
Judith /A. Pyle, CMC
City;`Clerk
5 (Corporate Seal)
YES NO
Y
C
C:\Program Files ( X86)\ Neevia. Com\ Docconverterpro \Temp\NVDC\BB767828 -8F99- 4521- 87AC- F8E40D4E31F7 \Boynton
Beach. 8006.1.Utility_Easement_(FPL 9293_S_Militery_Trail)_ _Reso.Doc
31 PASSED AND ADOPTED this day of , 2017.
31
3 CITY OF BOYNTON BEACH,FLORIDA
3
3, YES NO
3
3. Mayor—Steven B. Grant
3
38 Vice Mayor—Justin Katz
39
40 Commissioner—Mack McCray
41
4 Commissioner—Christina L. Romelus e/ -
4
4, Commissioner—Joe Casello !G
4
4.
4 VOTE 511.)
4:
4• ATTEST:
5
511
5 Judit JA. Pyle, CMC /
5, City ' Jerk
5
5:
5
5: (Corporate Seal)
1)
SON'S
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Beach.8006.1.Utility_Easement_(FPL_9293_S_Military_Trail)_-_Resp.Doc
Prepared by and
after recording return to:
Florida Power&Light Company
Corporate Real Estate Dept.
Attn: John Olinger
700 Universe Boulevard
Juno Beach, Florida 33408
Parcel I.D. No.: 00-42-45-23-00-000-1050
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Easement") is made and entered into this _ day of
, 2017 ("Effective Date") by and between Florida Power & Light Company, a Florida
corporation ("Grantor") and the City of Boynton Beach, a political subdivision of the State of Florida,
("Grantee").
WITNESSETH:
WHEREAS, Grantor is the fee simple owner of certain real property located in Palm Beach County,
Florida, being more particularly described and depicted on Exhibit A ("Easement Premises") attached
hereto and incorporated herein by this reference; and
WHEREAS, Grantee desires to obtain, and Grantor desires to grant, a non-exclusive easement
over, upon, across,through,within and under the surface of the Easement Premises according to the terms
conditions, provisions, covenants, promises, requirements, obligations and duties hereinafter set forth.
NOW,THEREFORE, in consideration of the sum of Ten and No/100 Dollars($10.00), and for other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor
and Grantee, intending to be legally bound, hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this
reference.
2. Grant of Easement. Grantor does hereby sell, convey, bargain and grant unto Grantee,
its successors and assigns a non-exclusive and perpetual easement over, upon, across, through, within
and under the surface of the Easement Premises for the sole purpose to construct, reconstruct, lay, install,
operate, maintain, repair, replace, improve, remove and inspect water and sewer utilities but not for any
other purpose.
3. Reservation of Grantor Rights. Grantor hereby reserves all rights of ownership in and to
the Easement Premises and keeps, saves, preserves, maintains, and reserves unto itself and to each and
all of its successors and assigns, all of Grantor's rights and interests in and to the Easement Premises.
Grantee shall not interfere with Grantor's use of the Easement Premises, or with the facilities of or use of
the Easement Premises by any person or entity which has a right to use the Easement Premises; provided,
however, Grantor shall not unreasonably interfere with or prevent Grantee's use of the Easement Premises
for the purpose described and authorized herein.
100201925.1 306-9001821: Page 1 of 7
4. Grantee Encumbrances. Grantee shall not, without express prior written agreement with
and prior approval from Grantor, directly or indirectly create or cause any lien, mortgage, security pledge,
or any form of encumbrance(s)to be applied to or affect the Easement Premises. Grantee shall permit no
liens or claims of lien to be filed against the Easement Premises and shall promptly discharge or transfer
to bond any lien that may be filed against the Easement Premises by reason of Grantee's activities thereon.
It is understood and agreed by Grantee that it is not given any lien rights against the Easement Premises,
and any such rights are hereby waived and released.
5. Design, Construction and Maintenance. At all times during the Term of this Easement, in
order to protect persons and property, Grantee, at its sole expense, shall maintain the entire Easement
Premises, Maintenance shall include all types of repair and maintenance which are typical and customary
according to the purpose for which this Easement is granted.Grantor shall have the right, but not obligation,
to direct Grantee to perform maintenance as deemed necessary in the sole opinion of the Grantor. Before
commencing any type of digging,drilling,excavation or other work below the ground surface, Grantee shall,
as required by law, determine if any underground utility infrastructure exists within the location where such
below-ground activity is expected to occur.All design, construction, repair and maintenance of facilities and
improvements within the Easement Premises shall comply with Grantor's instructions and specifications
along with all applicable laws.
To avoid interference with Grantor's use of the Easement Premises and/or by any other person or
entity authorized to use the Easement Premises, and to ensure each proposed construction and
maintenance activity is acceptable to Grantor,Grantee shall not perform construction or maintenance within
the Easement Premises until approved in writing by Grantor. For all construction and maintenance within
or directly affecting the Easement Premises, Grantee must notify and obtain approval from Grantor prior to
performing any design, construction or maintenance work within or directly affecting the Easement
Premises and facilities therein. Such approval shall not be unreasonably withheld.
If an emergency situation occurs which requires immediate repair of any facility within the
Easement Premises to prevent injury to persons or property, then Grantee may at its discretion handle the
repair itself and/or hire a Contractor and direct that Contractor to commence repair of the facility(ies)within
the Easement Premises. In the case of an emergency situation, Grantee shall notify and consult with
Grantor by telephone and/or electronic mail as soon as possible.
6. Indemnity. Grantee understands and agrees that the Easement Premises and facilities
therein, along with Grantor's adjoining real property is and will continue to be utilized and operated by
Grantor and by other entities and there exists risk of injury to persons and damage to property associated
with use and maintenance of the Easement Premises by Grantee and other entities
Grantee understands and agrees that Grantee's use of the Easement Premises and facilities
therein is and always shall be on an "as is" basis and that Grantor, along with its parent, subsidiaries,
affiliates and each of their respective officers, directors, employees, and agents (individually and
collectively, "Grantor Entities") does not in any way make, offer, extend, deliver, give or provide unto
Grantee or any other person or entity, any form of explicit or implied warranty, guarantee, promise,
commitment,or representation concerning the safety,condition,quality or fitness of the Easement Premises
or any facility located therein for any use or purpose.
Grantee agrees to use and maintain the Easement Premises and facilities therein and to accept
and exercise all of its rights, privileges, covenants, promises, requirements, obligations and duties granted
herein at Grantee's sole risk and expense and with no liability or expense to Grantor Entities.
Subject to the limitations contained in Section 768.28, Florida Statutes, and at Grantee's sole cost
and expense, but at no cost or expense to Grantor Entities, Grantee shall indemnify, defend, and hold
harmless Grantor Entities from all litigation, legal actions, legal proceedings, claims, demands, arbitrations,
liabilities, costs, expenses, losses,fines, penalties, damages, awards, settlements, and fees (including, but
not limited to, attorneys'fees, paralegal's fees, litigation costs through all trial and appellate levels and any
costs and disbursements related thereto) which arise or result from, and/or are in any way caused by,
{00201925.1 306-9001821) Page 2 of 7
associated with, related to, or connected with this Easement and/or by use and/or maintenance of the
Easement Premises and/or facilities therein by Grantee and/or by Grantee's officers, directors, employees,
agents, contractors, subcontractors, vendors, tenants, licensees, grantees, members, invitees, visitors, or
other persons or entities, unless directly caused by gross negligence of Grantor Entities. If other entities are
given rights to utilize the Easement, Grantee shall not be liable for any damages,including costs and expenses,
caused by their actions. This section shall survive expiration or termination of this Easement coextensively
with other surviving provisions of this Easement. Nothing herein shall constitute a waiver of Grantee's
entitlement to sovereign immunity.
7. Insurance. Grantee acknowledges, without waiving the right to sovereign immunity as
provided by Section 768.28, Florida Statutes, that Grantee is self-insured for general liability under Florida
sovereign immunity statutes with coverage limits of$200,000 per person and $300,000 per occurrence, or
such monetary waiver limits that may change and be set forth by the legislature.
8. Default and Waiver. If Grantor believes that Grantee has failed and/or is failing to
adequately perform, or comply with, any term, condition, provision, covenant, promise, requirement,
obligation or duty contained in this License, then Grantor shall send a written notice of default to Grantee
describing the default. In which case, Grantee shall immediately commence all necessary action(s)to cure
the default(s). A notice of default may also describe specific action(s) which Grantee must undertake to
correct the default(s). All defaults must be cured by Grantee no later than forty five (45) days immediately
following Grantor's notice of default, and if any such default is not cured within the above prescribed forty
five (45) day time period, then Grantor may pursue any remedy available at law or in equity, or available
pursuant to the terms hereof, or otherwise available. Grantor may, but is not required to, also commence
any other action to cure any default(s) if Grantor believes in its sole discretion that such action is necessary
and prudent. Upon Grantor's demand, Grantee shall reimburse Grantor for all costs paid by Grantor to cure
Grantee's default(s). Grantor may notify Grantee of a default at any time regardless of the period of time
which may have elapsed since the default first occurred or became known to Grantor, and the passage of
time shall not constitute a waiver of such default nor a waiver of any term, condition, provision, covenant,
promise, requirement, obligation or duty to which Grantee is bound or obligated to abide by, nor shall the
waiver of any right occasioned by a default in any one or more instances constitute a waiver of any right
occasioned by either a subsequent default of the same obligation or by any other default. This paragraph
shall survive expiration or termination of this Easement coextensively with other surviving provisions of this
Easement.
9. Governing Law and Venue. All litigation, legal actions, and legal proceedings which arise
or result from, and/or are in any way caused by, associated with, related to, or connected with this Easement
are and shall be governed and interpreted according to the laws of the State of Florida (excluding its
conflicts of laws provisions) and the federal laws of the United States of America and in the event of any
litigation arising hereunder, the venue for any such litigation, shall be in any federal or state court having
jurisdiction in Palm Beach County, Florida.
10. Jury Trial Waiver. GRANTOR AND GRANTEE KNOWINGLY, VOLUNTARILY AND
INTENTIONALLY WAIVE NOW AND FOREVERMORE, EACH AND ALL OF THEIR RIGHT(S) THAT
EITHER PARTY HAS NOW OR MAY HAVE AT A FUTURE TIME TO A TRIAL BY JURY WITH RESPECT
TO ANY LITIGATION UNDER, BASED UPON,ARISING FROM,ASSOCIATED OR CONNECTED WITH,
OR RELATED TO THIS EASEMENT AND/OR GRANTEE'S RIGHT OF EASEMENT CREATED AND
GRANTED HEREIN, OR ANY DOCUMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION
HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENT (WHETHER
ORAL OR WRITTEN) OR ACTION OF OR BY GRANTOR AND/OR GRANTEE. ANY PARTY HERETO
MAY FILE A COPY OF THIS EASEMENT WITH ANY COURT AS CONCLUSIVE EVIDENCE OF THE
CONSENT OF THE PARTIES HERETO TO THE WAIVER OF ANY RIGHT THEY MAY HAVE TO TRIAL
BY JURY.
{00201925.1 306-9001821{ Page 3 of 7
11. Amendments. This Easement may not be changed, modified, altered or amended, except
by a subsequent written agreement mutually executed by and between Grantor and Grantee, or their
respective successors or assigns.
[SIGNATURES AND ACKNOWLEDGEMENTS APPEAR ON FOLLOWING PAGES]
IN WITNESS WHEREOF, Grantor has caused this Easement to be executed, acknowledged and
delivered, all as of the Effective Date.
Witnesses for Grantor: Grantor:
Florida Power&Light Company,
a Florida corporation
Signature: By:
Print Name: Print Name:
It's:
Signature:
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2017,
by , as of
Florida Power&Light Company, a Florida corporation, and who is duly authorized to execute this document
and is personally known to me or has produced as identification.
[NOTARIAL SEAL] Notary:
Print Name:
Notary Public, State of Florida
My commission expires:
)00201925.1 306-0001821) Page 4 of 7
The foregoing was accepted and approved on the /,2'
2017, by Resolution No. R17-_LZ_L of the City Commission
located in Palm Beach County Florida
')'e"
day of Z � e A "
of the City of Boynton Beach
By:
JOth Pyle, CMC, C4 Clerk
Approved as-401 Form 4nd"
Legal Suffic' cy:
.�'� .... .ten
James A. Cherof C R-A*Mey
Steven B. Grant, Mayor
J00201925 1 306.9001821) Page 5 of 7
Exhibit A:
Page 1 of 2
A portion of Parcel ID# 00-42-45-23-00-000-1050
DESCRIPTION
A. 12 FOOT WATERLINE EASEMENT BEING A PORTION OF THE NORTH 660 FEET OF THE EAST 1320 FEET :-F
THE SOUTHEAST ONE QUARTER (SE 1/4) OF THE NORTHEAST (NE 1/4) OF SECTION 23, TOWNSHIP 45
0U111, RANGE 42 EAST, PALM BEACH COUNTY, LESS THE NORTH 70 FEET, AND LESS THE EAST 60 FEET
THEREOF. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
.OMMENCING AT THE NORTHEAST CORNER OF THE NORTH 660 FEET OF THE EAST 1320 FEET OF THE
_OUTHEAST ONE QUARTER (SE 1/4) OF THE NORTHEAST (NE 1/4) OF SECTION 23, TOWNSHIP 45 SOUTH,
MANGE 42 EAST, PALM BEACH COUNTY. LESS THE NORTH 70 FEET, AND LESS THE EAST 6D FEET
THEREOF, AND THE WEST RIGHT-OF-WAY LINE OF SOUTH MILITARY TRAIL THENCE ALONG SAID WEST
RIGHT-OF-WAY UNE SOO'OO'DO`W, A DISTANCE OF 56.61 FEET TO THE POINT OF BEGINNING;THENCE
CONTINUING SOUTH OD'O0'D0" WEST ALONG SAID WEST RIGHT-OF-WAY UNE, A DISTANCE OF 12.00 FEET;
THENCE SOUTH 90'00'00" WEST. A DISTANCE OF 30,00 FEET; THENCE SOUTH 03'50'47" EAST, A DISTANCE
OF 14.79 FEET; THENCE SOUTH 00'06'03" EAST, A DISTANCE OF 14.00 FEET; THENCE SOUTH 89'53'57"
WEST, A DISTANCE OF 12.00 FEET; THENCE NORTH 00106'03' WEST, A DISTANCE OF 13.61 FEET; THENCE
NORTH 03'50'47' WEST, A DISTANCE OF 15.21 FEET; THENCE SOUTH 90'00'00" WEST, A DISTANCE OF
68.06 FEET; THENCE SOUTH 4740'04" WEST, A DISTANCE OF 77.24 FEET; THENCE SOUTH 89'30'03" WEST,
A DISTANCE OF 94.55 FEET; THENCE SOUTH 44'54'27" WEST, A DISTANCE OF 31.12 FEET; THENCE SOUTH
00'05'33" EAST, A DISTANCE OF 23.27 FEET; THENCE N90'00'00"E, A DISTANCE OF 8.83 FEET; THENCE
DUE SOUTH, A DISTANCE OF 12.00 FEET; THENCE SOUTH 90'00'OO" WEST, A DISTANCE OF 7.04 FEET;
THENCE SOUTH 00'05'33" EAST. A DISTANCE OF 37.94 FEET; THENCE NORTH 89'49'47` EAST, A DISTANCE
OF 6.51 FEET; THENCE SOUTH 00100'00" WEST, A DISTANCE OF 12,00 FEET; THENCE SOUTH 89'49'47"
WEST, A DISTANCE OF 5.26 FEET; THENCE SOUTH 00'05'33" EAST, A DISTANCE OF 2,54 FEET: THENCE
SOUTH 45'05'33" EAST, A DISTANCE OF 12.42 FEET; THENCE NORTH 89'54'27" EAST, A DISTANCE OF
247.82 FEET; THENCE NORTH 00'73`58" WEST, A DISTANCE OF 13.54 FEET; THENCE NORTH 89'56'02`
EAST, A DISTANCE OF 12,00 FEET; THENCE SOUTH 00'73'58" EAST, A DISTANCE OF 13.53 FEET; THENCE
NORTH 89'54'14" EAST, A DISTANCE OF 10.19 FEET TO A POINT ON THE WEST RIGHT-OF-WAY UNE OF
SOUTH MIUTARY TRAIL; THENCE ALONG SAID WEST RIGHT-OF-WAY UNE SOUTH 00'35'33` EAST, A
DISTANCE OF 12.00 FEET; THENCE SOUTH 89'54'27" WEST, A DISTANCE OF 274.98 FEET; THENCE NORTH
45'15'33' WEST, A DISTANCE OF 19.85 FEET; THENCE NORTH 00'05'33" WEST, A DISTANCE OF 59,25 FEET;
THENCE SOUTH 89'57'05" WEST, A DISTANCE OF 1.77 FEET: THENCE NORTH 00'05'33" WEST, A DISTANCE
OF 40.23 FEET; THENCE NORTH 44'54'27" EAST. A DISTANCE OF 41.01 FEET; THENCE NORTH 89'30'03"
EAST, A DISTANCE OF 94.28 FEET; THENCE NORTH 42'40'04" EAST, A DISTANCE OF 77.31 FEET; THENCE
590'00'00"E, A DISTANCE OF 16.77 FEET: THENCE NORTH 00'00'09" WEST. A DISTANCE OF 23.16 FEET:
THENCE NORTH 89'59'51" EAST, A DISTANCE OF 1200 FEET; THENCE SOUTH 00'00'09" EAST. A DISTANCE
OF 23.16 FEET; THENCE NORTH 90'00'00" WEST, A DISTANCE OF 86.56 FEET TO A POINT ON SAID WEST
RIGHT-OF WAY UNE AND THE POINT OF BEGINNING.
CONTAINING 9,392 SOUARE FEET OR 0.2156 ACRES, MORE OR LESS.
SHEET 2 OF 3
CALI FIELD $ WHEELER, INC- A.TE 9/1,':
CIVIL ENGINEERING
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LANDS7900CAPEGLADEpRCH1TECTUR[S -
SUITE 1- SURVEY0fl
ING -'7 �, T
EROAD
BOCA RATfN 'LCR1DA 33434
PHONE (561)-3c =A)((56I)-750-1452 F / PG. ELE
!2' WATERLINE EASE ILNT ';C,ALE =
H PDRT1O4 OF (SE 1/4) CF 11-IC NORTHEAST(NE 1/4) OF SEC1104 22, TOWNSHIP
45 SCI:TH, RANGE 42 EAST, PALO BEACH CC4:VTY
SKETCH AND DESCRIPTION
{00201925.1 306-9001821} Page 6 01 7
Exhibit A:
Page 2 of 2
NJxTH UNE OF X1/4 OF NE 1/4
- - - - - -7 SEG110N 23� - --
POINT OF COUMEnC'EVENT
N,E COMA¢WE hY1K711 Min FEET p(
THE EAST 1320 FT3T CF THE v1.ITlEA0T
ONE WARIER(g 1/4)Of THE N09HE4ET
1/E 1/43 Cf SECHd+22.TCMMSHP 40 J
SGtTM PAN'.£42 EAST,PAW EEP44 (+
00u7TT.LEGS THE NORTH 70 MET.ANC
4B9'44'1YE 136a00' LESS TN[EAST tvJ F T THERM'
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*�, � 19.71' � 14_]9'
, N89'30'03"F 94,28' �o
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0.
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37.94' P i" 1✓5I
Pini N88'49'4YE .a 148956'02"E
6.51'
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12.00' p�
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S0005'331
2.54' S00T1V00'E
S45'O '33"E 81.13.97.14.7 t'W . ,36' 12.09'
12.42' N89'S4'27"E'J
N45T35'33- 10.19'
19.85' l'
589'49.47'W.
6.26'
GRAPHIC SCALE
f IN FEET
SHEET 3 OF 3 1 IrdrH = , FT
,
;'.1.. I TLD 8 WHE-E._E-k:, IN(.. -TE _liliI
CIVIL ENGINEERING
iv
t LANDSCAPE ARCHITECTUR[ SURVEYING �.Y T
7900 GLADES RO 4) -SUITE 100
BQCA P�.TON rL 1DA 33L3
PHONE It F ; FG. ELE
12'1INTERUNE EASEUENT ALE f =
A PORTION OF(SE 1/4) CF THE NORTHEAST (NE 1/4) OF SECTION 23, TOWNSHIP
45 SCLTN. RANGE 42 EAST, PAL BEACH CC&.NTY
SKETCH AND DESCRIPTION
00201925.1 306-9001821) Page 7 of 7