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R18-0501 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION R18-050 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN TWO EASEMENT AGREEMENTS THAT PROVIDE A 10 FOOT UTILITY EASEMENT ALONG THE FRONTAGE OF 116 AND 124 NW 11TH AVENUE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the addition of a 10 foot wide Utility Easement to the lots located at 116 NW 11th Avenue and 124 NW 11th Avenue will provide for a continuous utility easement along the south side of NW 11th Avenue; and WHEREAS, FPL requires these easements to be in place prior to its installation of underground electrical power to each of the 11 properties fronting NW 11th Avenue; and WHEREAS, by accepting these two easements, the City Commission would be furthering the strategic plan item "Model Block" which ultimately provides for 17 lots to build for -sale homes in the Heart of Boynton. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Mayor to sign two Easement Agreements that provide a 10 foot Utility Easement along the frontage of 116 NW 11th Avenue and 124 NW 11th Avenue, copies of which are attached hereto as Exhibit "A" and Exhibit `B" respectively. Section 3. This Resolution will become effective immediately upon passage. C:\Users\Stanzionet\Appdata\Local\Nlicrosoft\Windows\Temporary Intemet Files\Content.IE5\TQFSZ5NC\Utility_Easement_(116—And-124—NW-1 I th_Avenue)_-_Reso. Doc ►O1 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 PASSED AND ADOPTED this 201h day of March, 2018. ATTEST: L� '� A� Judith A. Pyle, CMC City � erk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Christina L. Romelus ✓ Commissioner — Justin Katz Commissioner — Mack McCray Commissioner — Joe Casello / VOTE 6 C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\VAGZE6P0\Utility_Easement_(116_And_124_NW_1 Ith_Avenue)_ _Reso.Doc Return to:(enclose self-addressed stamped envelope) Name: 1111111111111111111111 dill 1111111111 Ill till Address: p BE C. .__I pH.k 1 . $ d = — e _ , Sv CO Aj .Ads r Ire 2 9 7 6s E'G 0y [� 91 141 2.: 'n RECORDED 04/06 2f)18 15,1:46 1S ••• i Palm Beach Countidy Florida Sharon R. BocF::rCLERK & COMPTROLLER P_q. 0192 - 195; (4rss) EASEMENT THIS INDENTURE made this 3 day of a? - k,A.D.,2018, By the City of Boynton Beach, a political subdivision of the State of Florida, a corporation existing under the laws of Florida, and having its principal place of business at 100 East Boynton Beach Blvd., Boynton Beach, Florida, first part,to the City of Boynton Beach,a political subdivision of the State of Florida,second party: (Wherever used herein,the terms, "first party"and"second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires) WITNESSETH Whereas,the first party is the owner of property situate in Palm Beach County, Florida, and described as follows: PCN #08-43-45-21-19-000-0150 116 NW 11th Avenue, Boynton Beach, FL Legal Description: The East 50 feet of the West 556.03 feet of Lot 7, WM. M. Laneharts Subdivision, according to the map or plat thereof as recorded in Plat Book 1, Page 35, Public Records of Palm Beach County;Florida. Utility Easement Legal Description: The South 10 feet of the North 40 feet of the above described property, containing 500 square feet, more or less. and, 1 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 easement, 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 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 In the presence of: CITY OF BOYNTON BEACH, FLORIDA AO.OlF"tirl Witness Signature SHAYLA ELLIS BY Print Name Steven B. Grant, Mayor Witness Signature APPROVED AS / F•-r fitherine Chet4ma/ CITY ATTORNEY Print Name (CORPORATE SEAL) 2 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments,personally appeared Steven B. Grant well known to me to be the Mayor of the City of Boynton Beach,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. WITNESS my hand and official seal in the Country and State last aforesaid this 3 day of v`\ A.D., 2018. dif 4.r 410 .dr-atitikek Notary Public i► and for the State and County aforesaid. 1: TAMMY L STANZIONE '�• • _ MY COMMISSION t4 FF213683 My commission expires: j/d •,t. EXPIRES March 25.2019 i4G7............... 398-0'53 nandamowy$eN ce.co.. 3 �uOU!v,yNv ' (P,8 1C35,PB.CR) 1 NOT INCLUDED C.R.B.2840/T670 P.BCR.\ ' NOR1N LINE LOT Y l R7CNT Of'-WRY (Pa 1/33,P.5C.R.) 20RKWT-OF-WRY PB 5/84,PB CR,) ____(PB 5/84,PB.0 R,)-1 /: ___-_- 555.97 N96V33.9if __ -___- N.W.11TH AVENUE NO119.39 6092 20.1 PARCEL'A• 10.00' -V L-30.1 18,317 SQUARE FEET. L=4.71' 6.66'1 _ W 1 �"58'39'E 1 249.•7 _ 4•,0"4703" 24.86' . 6"J.03' 60.03" 1 1 55.36, _i I _._......_.�_.J L , IJ06.01' ,SY .__7507'---r __7507' _'r I o'UPLIFT- oc ti u ? R=25.00' z n m a z L= �' YG EASEMENT R I g o a " -Rw o-8879 00" n i ^ 571ZS u cs n'C4 (Toni.) ,! 9rr ,_ ;,.off 1-5,5, *2,7, L=15.35'.X ,, _ ¢, - 4.357Y12' W LOT 4 LOT 5 ti • N ., c ,F . a''1T.' LOT 6 9096 SQUARE FEET 8,098 SCUARE FEET h . m 7,795 SQUARE FEET ie 4,b c,m ^s A PORTION OF LOT 7 d t e a c..?, (P,B !/35,P.B.C.R.) i v 8 d Nor INCLUDED w 5 y 3wW 0' a a N n '., I �'i c§ ti n i 6 ° x i 10 ft wide Utility n x 'A st Easements X01'7959:\ 6002' s�' , 961''1,6003' 6003' .- 58955'57E 24999' - , 306.01' _ .,., -S89'58 1 m 179.64' is iI >3 LOT 22 LOT 21 LUT 20 LOT 19 LCI 18 LOT 17 LOT 16 LOT 15 $:1;" LOT 141`p-'- ' i nq Return to:(enclose self-addressed stamped envelope) 111111 1111111111 11111 1E31t1111111111111it1 Name: :A N 201801_.0930 Address: CITY OF BOYjt i�D BEACH OR Bk 29745 PG 0357 Gill r� EE��ti S OFFICE RECORDED 04!06/20118 15:40:14 Palm Beach Count__, Florida Sharon R. Bock,C:LERK h COMP-MLL ER 13 APR 21 Fri 2: 10 P95 01357 - 36111 (4P9s) EASEMENT THIS INDENTURE made this 3 day of Aiabitt, A.D., 2018, By the City of Boynton Beach, a political subdivision of the State of Florida, a corporation existing under the laws of Florida, and having its principal place of business at 100 East Boynton Beach Blvd., Boynton Beach, Florida, first part, to the City of Boynton Beach, a political subdivision of the State of Florida, second party: (Wherever used herein,the terms, "first party"and"second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations,wherever the context so admits or requires) WITNESSETH Whereas, the first party is the owner of property situate in Palm Beach County, Florida, and described as follows: PCN #08-43-45-21-19-000-0130 124 NW 11th Avenue, Boynton Beach, FL Legal Description: The East 50 feet of the West 456.03 feet of Lot 7, WM. M. Laneharts Subdivision, according to the plat thereof as recorded in Plat Book 1, Page 35, Public Records of Palm Beach County, Florida. Utility Easement Legal Description: The South 10 feet of the North 40 feet of the above described property, containing 500 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 easement, 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 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 In the presence of: CITY OF BOYNTON BEACH, FLORIDA Witness Signature SHAYLA ELLIS BY Print Name Steven B. Grant, Mayor • a.d_SAA YWL Witness Signature •rherine Cher APPROVED . %)•, Print Name pr CITY ATTORNEY (CORPORATE SEAL) 2 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Steven B. Grant well known to me to be the Mayor of the City of Boynton Beach, 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. WITNESS my hand and official seal in the Country and State last aforesaid this 3 day of CLQ \ A.D., 2018. TAMMY L$TANZIONE / �'.01t[ +'. COMMISSION qN#F.2 19 Notary Public ' and for the �"_, h25.2019 ,� . EXPIRES Marc State and County aforesaid. 16C7i398-0'53 floOdallotwySegvice coo- My commission expires:J' ;45—/, 3 (P.8 1/J5;PBCR) 1 NO1 WCLUOEO C.R.B.2840/8.'0.P.BCR:- NOR1H LIRE LOT 7 -(pa 5/84,88 CR) \ + RIGHT-OP-WAY (Pa 1/35,PBCR.) 20'RIGHT-OF-WAY (PR 5/54.PROP) ._..._\'/ 555.91 + N.W.11TN AVENUEN0119'39 60?2 /R�20.t ®—��ARCR'A' 10.00' �' 1�30.t 18,317 SQUARE FEET, - - — - L-4.71' I X887 S89'S8'39'E 249.97 M/L=4,3' 2486' t_..4 6'0.03' 6001" r ±)116111101111161illiM111 Si 1 55.36' 306.01 - _, - 7SQT Lc 10'UTILITY- m ice L1=J& ' n EASE6IER7 d u' .4 , 6.8819.00' // ~ ,22 I - o aft (10rk) ./ R Z- d•357/'11' LOT 4 LOT 5 R, *,-1!..-1',14,, 46 LOT 6 8096 SCCiARt rTET 8.098 SCJARE FEST ''' o`o`," m 7,79$SQUAW FEET il o m A PORTION OF LOT 7 rc ' SI ^� a (8,8 7/35,PO.C.R.,1 L U NOT,NCl.UOED 61 tc 'g' `§?_ 0 ' p, .o zii S 'o% n N n n i 2I Z 10 ft wide Utility ; Easements R0139.19'W-� 6003 R 961'- 60.03' 60 OJ' e- 5895857't 24999' 500 .1.1 _-____ -_' _\__` 306.01' ` t I` a� I '56 i 179.64' j ' ?3 LOT 22 LOT 21 LOT 20 LOT 19 LOT 18 LOT 17 LOT 16 LOT 15 °i LOT 141•- v, 4 I