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R01-302RESOLUTION NO. R01-..~¢~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN SANITARY SEWER EASEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BEL- EQR I LIMITED PARTNERSHIP, PROVIDING FOR AN EASEMENT OVER A SANITARY SEWER LINE CONNECTING THE BELMONT AT BOYNTON BEACH TO THE CITY'S SANITARY SEWER SYSTEM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Belmont at Boynton Beach, an apartment project located on Knuth Road between Boynton Beach Blvd., and Woolbright Road, required a sanitary sewer easement across the adjacent parcel owned by BEL-EQR I Limited Parmership in order to ~cilitate connection to the City's sewer systcun; and WHEREAS, the City Commission upon recommendation of staff, deems it ppropriate to execute this Sanitary Sewer Easement Agreement between the City of Boynton Beach and BEL-EQR I Limited Partnership, attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE ',ITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does ereby authorize and direct the Mayor and City Clerk to execute a Sanitary Sewer Easement Agreement between the City of Boynton Beach and BEL-EQR I Limited Partnership, said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall become effective inanediately upon passage. PASSED AND ADOPTED this MO day of November, 2001. ,Vice Mayor Commissioner ATTEST: ~Clerk '~' (Corporate Seal) S:ResoXAgrkBEDEQR Sanitary Sewer Easement Agreement FOR OFFICIAL USE ONLY llli lEilgillllillllEilillllillli lflflJlllil] 12/13/2001 08:25:25 200[0553677 OR BK 13186 PG 0433 Paim Beach Count¥, Flo'cida SANITARY SEWER EASEMENT AGREEMENt' This Sanitary Sewer Easement Agreement (this "Agreement") is entered into this/_ ~ day of ?J~~, 2001 between BEL-EQR I LIMITED PARTNERSHIP, an Illinois limited partnership [("Grantor"), with offices at c/o Eouity Residential Properties Trust. Two North Riverside Plaza Suite 400, Chicago, Illinois 60606, and CITY OF BOYNTON BEACH, a municipal corporation ("Grantee") with principal offices at 124 East Woolbright Road. Boynton Beach, Florida 33435. KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants and conveys t~) Grantee, ts successors and ass gns upon and subject to the terms and conditions of this Agreement, a {2 wide non-exclusive permanent sanita~' sewer easement (the "Sanitary Sewer Easement") over Grantor's properly egally described on Exhibit A attached hereto (Grantor's Property") for the construction installation, operation, maintenance. reolacement, inspection and removal of a sanitary sewer line Ithe "Sewer Line") which easement area is legally described on Exhibit B attached hereto and physically identified on a survey attached hereto as Exhibit B-l, prepared by Shah Drotos & Associates anc dated March 31. 2000. The Sanitary Sewer Easement area shall be limited solely to those portions of Grantor's Property as specifically marked on Exhibit B-1. The construction installation, maintenance, replacement, inspection, imorovement and removal of the Sanitary Sewer Easement pursuant to the terms of this Agreement shall be referred [o herein as the "Work". Subject [o the terms and conditions below, the Sanitary Sewer Easement shall include [ne reasonable right of ingress and egress over, across and upon Grantor's Property for the purpose of performing the WorK. The Sanitary Sewer Easement is granted ana accepted upon the following terms and conditions: I The Sanitary Sewer Easement is granted solely in the area described ano outlined n Exhibit BT attached hereto and Grantor, without limitation, explicitly reserves the right to approve any and all future exoansion for connection to the Sanitary Sewer Easement area installed pursuant to this Agreement. 2. To the extent permitted by law, both parties hereby express y agree to protect, defend, hold harmless and indemnify each other, their respective ~mployees, agents and invitees, from and ~against any and all expenses, losses, cia[ms for death of or injury to p~rson or persons or damage to, property, or any other action of any kind or nature (including, without limitation thereto, reasonable attorneys fe~s and court costs) which may arise out of. in connection with, by reason of, or in enforcement of, the rights under this Agreement. 1 G:\LEGAL~ART~BANYAN EASEMENT,DOC BOOK 13~B& PA~E 0434 3. Grantor reserves to itself, its successors and assigns, the further right, without limitation, [o use the Sanitary Sewer Easement area or grant rights to others for such purposes as Grantor may eeem necessary, convemen[ or desirable; provided, however, that such use or rights will be consistent with the purposes of this grant of easement and provided further that Grantee's faciii~ies ins~ailed )ursuant to this Agreement shall not be unreasonao~y interfered with by such uses or rign[s. 4. Grantee hereby expressly agrees to exercise the hignes~ degree of care ~n order to avoid any damage to or interference with Grantor's Property and expressly agrees that immediately upon completion of any WOrK by Grantee in the Sanitary Sewer Easement area and n the event of any such aamage or interference, Grantee at Grantee's sole cost and expense shall promptly (:a) repair or restore or cause to have repaired or restored Grantor's Property to the grade and condition (including, without limitation, any landscaping, walkways, parking .and paving displaced by any construction installation or maintenance performed by Grantee Or daY,aged in any other manner), existing immediately prior to such damage or (b) rectify any such interferenbe, as the case may be. 5. The rights herein Sewer Line) for the of th~ qowever, that Grantee shall equi Gt'~ntee paying such costs are granted on the condition that in the event Grantee (including but not limited to the rights heran granted Grantee w~h respect to such portion within thirty (30) days any or all of its perform the Required Restoration. luired, either [a) chose to retain ownership of the which shall become t, he property of Grantor, or (b) its property all at the expense of Grantee, with 6. The easement herein granted ~s specifically conditioned upon the representation by Grantee that, as a municipal corporation created pursuant to the laws of the State of Florida. Grantee is a self-insurer. 7. Under no circumstances will Grantor be reouired or be causec to pay any fees, costs or exeensas in any way related te the Work or in any way related to the on-going maintenance or repair of the improvements within the Sanitaw Sewer Easement area (including the Sewer Line). 2 G:\LEGAL~ART~BANYAN EASEMENT.DOC BOOK 1318~ PAGE 0435 IN WITNESS WHEREOF Grantor has nereunto affixed its hand and seal on the day and year first above written. GRANTOR: BEL-EQR I LlbllTED PARTNERSHIP, an Illinois limited partnership By: Equity Residential Properties Trust, a Mary[and reat estate investment trust. its general Dar[net B Name: ~'~ .~,~,. Title: Vi(;E PRESIDENT GRANTEE: CITY OF BOYNTON BEACH, a municipal corporation Name: ~C~=ra~/~ Title: /'~I.F~,~.. 3 G:~L EGALb~,RT~BANYAN EAS EM EN T.D OC BOOK 13186 PAGE 0436 STATE OF ILLINOIS COUNTY OF COOK ) ) SS I, ~"~'~P-.J~d'~.~ .~,u ~.-Lka N~3ta. D/Public in and for the County and State aforesaid, do hereby certify th.at ~J~.q,'~:'/'~l<3.ck_J'~peared bef~e me this day and did sa2/that she is Ihe ,,J~£~"-{~.~,~'~A~- of,'~',~,~.u, ..J~de.A~oJ~,--~r'~r~sa .~ ~ ~l~ ~;p3~. who is per~onaJl~ known to m~to be the ~ame pe~o~ who~e Js subscribed to the [oregoing instrument as such o~cer and acknowledged that she signed and delive~d the said instrument as [he free and volunt8~ aot of said ~rporaJion for ~e uses and purposes therein set fo~h, Given my hand and notarial seal this ~day of ~::~C_, 2001. (SEAL) My Commission Expires: Notary Public STATE OF FLORIDA ) ) SS COUNTY OF ) hereby certify that , a Notary Public in and for the County and State aforesaid, ac , appeared before me this day and did say that he is the of a corporation, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument as such officer and acknowledged that he signed and delivered the said instrument as the free and voluntary act of said corooration for the uses and purposes therein set forth. Given my hand and notarial seal this day of ,2001. (SEAL) My Commission Expires: Notary Public BOOK 1318& PA6E 0437 EXEIIBIT A LEGAL DESCRIPTION Real Estate being in Section 30, Township 45 South, Range 43 East, Palm Beach County, Florida~ and known as STONEHAVEN FLAT NO. 2, (P.U.D.), and being more particularly described as follows: Commencing az the Southeast comer of said Section 30; thence North 08'46'08" East, along the East line of said Section 30, a distance of 1,965.40 feet to a. point; thence with a bearing of South 81 ' 13'52" West a distance of 60.00 feet to a point on the existing Westerly fight-of-way .line of Congress Avenue, and the Point of Beginning of the herein d,e. scribed parcel of land; thence departing from the Westerly right-of-way line of Congress Avenue with a beazing.of South 89 51'35" West, a dLstanee af 2205.28 feet to a point; thence with a bearing of North 01 '04'28" East a distance of 593.51 fe~t to a point on the existing Sbu~erly ~gkt-of~way line of L.W.D.D. C~n~! Lateral No. 25, as recorded in Official Records Book 2063, page 1416, Public Records of Palm Beack Ceuuty, Florida; thence with a beasing of North 89'49'00~ E~st, along said Southerly right-of-way line of:L.W.D .DJ C~ Lateral No. 25, a disian~i of 2202.14 feet to a point on the said Wester!.y right-of-way line ,ofC~ngtess A~enue; thence w~ith a bearing of South 00 ~46'08" West, along said Westerly right-of-way line~ a dista~uce of 595.1i f~et, m°~e or less. to the P°int of Beg/nulng. ALSO KNOWN AS~al~tke-~ands lyingi~- STONEH~AVEN FLAT NO. 2 (P.U.D.), according to the plat thereof, as recorded n Plat B~oK48 ~p~ge 69 Public ReCOrds of Palm Beach County Florida. BOO[( 1318E, PP. GE 0438 LAND DESCRIPTION THE BELMONT 12' SANITARY EASEMENT (OFFSITE) A portion of STONEHAVEN-PLAT NO. 2. according to the plat thereof, as recorded in Plat Book 48 Pages 69 through 71 of the Public Records of Palm Beach County, Florida and being a 12.00 foot wide stdp of land ly ng 6.00 feet on each s db of the following described centerline: COMMENCING at the southwest comer of the Southeast one-quarter (SE1/4) of Section 30, Township 45 South, Range 42 East, Palm Beach County, Florida; THENCE North 01 °10'26" East, along the North-South quarter section line. 40.00 feet; THENCE North 90°00'00'' East, 65.00 feet to the east fight-of-way line of Knuth Road, as described in Official Records Book 7324. Page 1159 of said Public Records: THENCE North 01 °10'26" East, along said east right-of-way line, 2403.32 feat[;, THENCE North 88°49'34' East, 322.40 feet to the west boundary line of said STONEHAVEN-PLAT NO. 2 and the POINT OF BEGINNING of said centerline; THENCE North 51°09'28" East, 99.42 feet to the POINT OF TERMINATION of said centerline. Said lands lying in the City of Boynton Beach, Palm Beach County, Florida. Land Description Prepared By: SHAH, DROTOS & ASSOCIATES 1885 W. Commercial Blvd., Suite 190 Fort Lauderdale, Florida 33309 Prepared by: MDR Checked by: MDR Project No.: 98-0399 March 31, 2000 Sheet 1 of 2 Sheets EXISTING SAVEMENT - 2 SAN TA~v EASEMENT PORTION }F STONENA BN-PLAT NO. 2 PLAT BO0~ 4a sAOBS 69 70 AND 71 PBCR Dorothy H. Wilhen, Clerk OF 3OYNTON BEACH PALM BEACH 30UNTY FLORIDA THE BELMONT POINT OF ~.TERMINAT 3N EXIST. M.H. SCALE: "-50' RIMEL. 16.45 NV.(S)S.50 ¢' (E)5.2~ ~ ~- POINT 3t //BEGINh -WEST 30UNDARY LINE ' SNTo0. N2EHAVEN - PLAT NOTES: THiS S NOT ~ BOUNDABI SURVEY 2. LANOS SHOWN HEREON WERE NOT ABSTRACTED FO~ RiGHTS-OF-WAY EASEMENTS OWNERSHIF OR )THER iNSTRUMENTS OF RECORD. B. BEARINGS SHOWN HEREON ARE RELATIVE TO THE DESCRIPTION PER WARRANTY DEED RECORDED ~ ORB 7484. PG 990, PALM BEACH COUNT~ RECORDS AND ARE BASED ON THE NORTH-SOUTH OUARTER SECTION LINE OF SEC 50-T45S-R45E. SAID LINE BEARS NORTH 01'04'28" EAST. UNLESS T BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL 3F A FLORIDA LICENSED SURVEYOR AND MAPPER THIS MAP S FOR NFORMATtONAL PURPOSES ONLY AND IS NOT VAUD, PROJECT NO 98 0599 EAST RIGHT-OF-WA1 LINE KNUTH ROAD /(ORB 7524. PG 1159, ~BCF NO0'O FOR THE FIRM BY: PROFESSF~(~B~:~O¢ ~ND ~APPER FLOR IDA.::~GISTRAT[O N NO., 3~98 65.00' PO NT 30MMENCEMENT S ~/a CORNER SEC 30 45-43 FILE NAME:X 3ADXSURVEY\O399A.OO\SKETCHES~O599W'S.D~ SHEET 2 )F 2 SHEETS "" ~SHAH SKEq'CH OF DESCRIPTION MDR o5/51/oo 'MD~.. RB/IS[ONS DWN DATE FB/PG' ~H~;