R02-022RESOLUTION NO. R02- ~::2~2,,
A RESOLUTION OF THE CITY COMMISSION- OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
SIDEWALK CONSTRUCTION EASEMENT AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND
FOSTER OIL CORPORATION, AND PROVIDING FOR AN
EFFECTIVE DATE,
WHEREAS, it is the purpose of the City to obtain a Sidewalk Construction Easement
Foster Oil Corporation in order to complete drainage ~mprovements in Industrial
Park corridor; and
WHEREAS, the City Commission upon recommendation of staff, deems it
appropriate to execute this Sidewalk Construction Easement Agreement between the City of
Boynton Beach and Foster Oil Corporation, attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLOR/DA, THAT:
Section 1._ The City Commission of the City of Boynton Beach, Florida does
l~ereby authorize and direct the Mayor and City Clerk to execute a Sidewalk Construction
Easement Agreement between the City of Boynton Beach and Foster Oil Corporation, said
Agreement being attached hereto as Exhibit "A".
Section 2_. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~' _ day of February, 2002..
5TTEST:
Vice Mayor
Commissioner
Co ' o
~onstmction Easement Agreement- Fost~ Oil
· SIDEWALK CONSTRUCTION AGREEMENT
THIS AGREEMENT entered into this day of}~y~. ~ ~,~ , 200~,'~, by and
between the CITY OF BOY'NTON BEACH, a FlOrida mur~ipal corporation,
(hereinafter referred to as "CITY"), and F.H. Foster Oil Corporation, Inc., a Florida
Corporation, (hereinafter referred to a "OWNER"), provides as follows:
WItEREAS, the City desires to complete sidewalk construction and/or
modifications at the property described below; and,
WHEREAS, the City has determined that the improvements are necessary to in
the interest of the public's safety; and,
WHEREAS, in order to complete said sidewalk construction, it is necessary for
the City to enter upon and perform various construction tasks on the following described
property:
SEE EXHIBIT "A" ATTACHED HERETO
WHEREAS, as part of this project, the City will return the disturbed area to like
or better condition than prior to construction.
NOW, THEREFORE, in witness of the above and in consideration of the City
agreeing to conduct the aforesaid restoration, Owner hereby grants unto the City, their
employees, agents, contractors, sub-contractors, and/or assigns, the license and the right
to enter upon said land of Owner for the purpose of constructing the sidewalk
improvements.
1. Owner agrees to allow City and their representatives and assigns to
construct a sidewalk on the following described property:
SEE EXItIBIT "A" ATTACHED HERETO
The construction of the sidewalk shall be in accordance with the construction plans and
on file with the City Engineer
2. The details and methods of construction, including, but not limited to
surface treatment and grade of the subject sidewalk shall be at the discretion of the City.
3. Owner agrees to grant a permanent non-exclusive easement to the City for
the installation, construction, and maintenance of the sidewalk, a copy of which is
attached hereto as Exhibit "B"
4. ::_Ci~'s Obligations: The City agrees to do the following in consideration
for the grant of the easement:
(a)
(b)
(c)
(d)
Replace a portion of the existing fence and gate located on the
property with the same type of fence and gate that currently exist
on the property. The new fence shall be installed from the existing
gate at the south enlzance/exit to the exist'mg gate on the north end
of Owner% property.
Restore the property disturbed by the construction of the sidewalk
to a like or better condition than whm existed prior to
construction. The restoration shall include the installation of sod
and shrubbery within the disturbed portion of the easement.
Install irrigation within the easement to connect to Owner's
existing inSgation system, or "stub-up" the irrigation system m
order to permit Owner to tie-in to the Owner's future irrigation
system once it is installed.
Relocate the backflow preventer to behind the fence installed by
the City.
5. The Owner certifies that the person(s) executing this Agreement are the
fee simple title holders to the above described property or are officers with sufficient
authority to execute such agreements on behalf of their corporation or partnerships
pursuant to the document attached hereto. (Please attach power of attorney or corporate
resolution).
IN WITNE~d~ ~WH.E,1L~, OF, the parties to this Agreement set their hands and seals
this ,¢-;~ day of~,~/.~, ,-,-~/,~d' ,200,-~_
WITNESSES: F.H. FOSTER OIL CORPORATION, INC.,
a Florida Corporation
STATE OF FLORIDA
COUNTY OF ?~. £ Jr,
I HEREBY CERTIFY that on this day, before me, the foregoing instrttment was
acknowledged by ~/c~.,~,~ /~. ~5/c~. who is known t~o me or who has
produced ~ as identification and who did not take an oath.
My Commission Expires:
CITY OF BOYNTON BEACH, FLORIDA
..
STATE OF FLORIDA
COUNTY OF PALM BEACH
(Corp. Seal)
I HEREBY CERTIFY that on this day, before me an officer duty authorized in
the State aforesaid and in the County aforesaid to take acknowledgments, personally
appeared ~q~er~tld. ~r~er,;~!q 5'_~tneU_ ?c~ini+o_ ~ the Mayor and City
Clerk respectively of the City°named in the foregoing agreement and that they severally
acknowledged executing the same in the prescmce of two subscribing witnesses f~eely and
voluntarily under authority duly vested in them by said City and that the City seal affixed
thereto is the tree corporate seal of said City.
~ WlTNES~S my hand and official seal in the County and State last aforesaid this
dayof r-~br~cc\/ ,200_2,
My Commission Expires:
A~d a~t~ lorm:
H:\1990~900182.B BkAGMT~Foster Oil Easement Agreement.doc
NOTARY PUBLIC
Print or Type Name
(Notary Seal)
MY COMMI~ION # CC 913630
EXPIRES;, February 24. 2004
LEGAL DESCRIPTION:
ROAD EASEMENT
A PORTION OF LOT 5
BOYNTON INDUSTRIAL PARK
PLAT BOOK 25 PAGE 232
CITY OF BOYNTON BEACH BEACH,
PALM BEACH COUNTY, FLORIDA
Sidewalk Construction
Agreement - Exhibit "A"
Page 1 of 2
A PORTION OF LOT 5 BOYNTON INDUSTRIAL PARK AS RECORDED IN PLAT BOOK 25 AT PAGE 232 OF THE PUBLIC
RECORDS OF PALM BEACH COUNT~. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 5, BOYNTON INDUSTRIAL PARK AS RECORDED 1N PLAT BOOK
~25 AT PAGE 232 OF THE PUBLIC RECORDS OF PALM BEACH COUNI~, FLORIDA ~,~T~,, NCE S 89°41'10" W ALONG
l TIlE SOUTH LINE OF SAID LOT 5 FOR A DIST~ANCE OF 32.77 FEET; THENCE N 43°23'10' E FOR 47 70 FEET: THENCE
S 00000'00" W FOR A DISTANCE OF 34.49 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY. FLORIDA
CONTAINING 565 SQUARE FEET, MORE OR LESS.
CERTI~'ICATE:
Y~IELLER-WEAVER AND SHEREMETA, INC.
T,ORIDA STATE LB.'NO. 3449
oANIEI, C. LAAK
PROFESSIONAL SURVEYOR AND MAPPER
NOTES:
DATED: AUGUST 21,2001
FILE:JS\15056LGL.PUB
1.) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY
('THIS IS NOT A SURVEY").
2.) BEARINGS SHOWN HEREON REFER TO THE WEST RIGHT-OF-WAY LINE OF INDUSTRIAL AVENUE HAVING AN
ASSUMED BEARING OF NORTH 00°00'00'' EAST, PER BOYNTON INDUSTRIAL PARK AS RECORDED IN PLAT
BOOK 25 AT PAGE 232 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLQRIDA.
SHEET 1 OF 2 SHEETS
FILE NO. 01-15056:003-SS1
:ffier-Weaver and Sheremeta, Inc.
Engineers... sUrVeYors... Planners
Palm Beach County
310 Southeast First Street, Suite Four
Delray Beach, Florida 33483
(561) 2434700
(561) 243-8777 Fax
Sidewalk Construction
Agreement - Exhibit "A"
- Page 2 of 2
114.58'
Oa- ¢3- ~-5-20-02-000-
UTILITY EASMENT
SOUTH LINE LOT 5
-" ~OYNTON !NDUSTR:!AL PARK
CONTAINING
±565 SQ. rt.\
8' UTILIiTY EASMENT /"
LOT
S.E. CORNER
OF LOT 5
80YNTON INDUSTRIALi
PARK
PB. 25 PG. 232
j = 50'1,
ROAD E~SEMENT
J SKETCH TO ACCOMPANY LEOAL DESCRIPTIONI
A PORTION OF' LOT 5
BOYNTON INDUSTRIAL PARK
PLAT BOOK 25, PAGE 232
CITY OF 80YNTON BF_.4¢H
PALM BEACH COUNT~; FLORIDA
P.B. BLAT BOOK
Po.
R/W RIGHT--OF--FIIAY
P,O.B POINT OF BEGINNING
J LOCATION MAP J
Prepared by and Remm to
James A. Ch~rof, Esq.
Josms. Goren. Cherof, D~.o~ y_~
3099 E. Corraner¢ial Bird #200
Ft. Lauderdale. FL 33308
(~.R ANT OF F~ A,qF~MF, NT
THIS INDENTURE made this ? ~-: day of J~ ~.~ ~, ~., 200~_', between F.H. FOSTER OIL
CORPORATION, INC.. a Florida Corporation (hereinafter collectively referred to-as "Grantor"),
whose address is 319 Industrial Avenue, Boynton Beach, Florida 33426, and THE CITY OF
BOYNTON BEACH, FLORIDA. a Florida municipal corporation, (hereinafter referred to as
"Grantee"), with its address at 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach. FL
33425.
WITNF, ggETH:
WHEREAS, the Grantor is the owner of real property situated in Palm Beach County,
Florida, and more particularly described as fellows:
and,
SEE ATTACHED EXHIBIT "A"
WHEREAS. the Grantee seeks to obtain a non-exclusive perpetual easen~ent for the
purpose of construction, installation, and maintenance of municipal facilities, including but not
limited to a sidewalk; and
WHEREAS, the Grantor is willing ro grant such an easement to the Grantee to facilitate a
installation of a sidewalk.
NOW, THEREFORE, and tn consideration of the mutual covenants each to the other
nmning and one dollar the receipt of which is acknowledged by the Grantor and other good and
valuable considerations, the Grantor does hereby grant unto the Grantee, i~s successors and assigns,
through its employees, agents, contractors, or other designated persons a non-exclusive, perpetual
easement ~n, over, under, through, upon and/or across the above described lands for the purpose of
construction, insmllati6n;-and maimenance of municipal utilities, including, but not iimited to a
sidewalk.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on this '=5/'/'
day of ,i~,,z, ~c1 ,200_~
Signed, Sealed and delivered
in the presence of:
WITNESSES:
Signature
Print Name
Signature ~"
Print Name
GRANTOR:
F.H. FOSTER OIL CORPORATION, INC.,
a Florida Corporation
Prinf'/N~me:
Title:/,,
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF ~D,,~c,,, ~2~'/S/d'/'-r`
I HEREBY C~RTIFY that on tiffs day, before me, the fpregoing instrument was
acknowledged by d.q~)~ //}. ~rz~,.S?/~/~x as '.~,c/~,.-..~.,z of
~/'/ P-~S/e,'/~ ,O/~f/ ~,~r)o,g,w//e,, 2=, who is known to me or who has produced
' , as identification and who did not take ~an oath.
My Commission Expires:
S:\CAkDa'AdlWoster Oil Side~valk Easement,doc
/
Notary Public
/~7~1
Print Name
ROAD EASEMENT
A PORTION OF LOT $
BOYNTON INDUSTRIAL PARK
PLAT BOOK 25 PAGE 232
CITY OF BOYNTON BEACH REACH,
PALM BEACH COUNTY, FLORIDA
Grant of Easement -
Exhibit "A"
Page 1 of 2
LEGAL DESCRIPTION:
A PORTION OF LOT 5 BOYNTON INDUSTRIAL PARK AS RECORDED IN PLAT BOOK 25 AT PAGE 232 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY. FLORIDA. BE1NG MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 5, BOYNTON INDUSTRIAL PARK AS RECORDED IN PLAT BOOK
25 AT PAGE 232 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA: THENCE S 89°41'10'' W ALONG
THE SOUTH LINE OF SAID LOT 5 FOR A DISTANCE OF 32.77 FEET; THENCE N 43°23'10'' E FOR 47.70 FE~T: THENCE
,00°00'00" W FOIl: A DISTANCE OF 34.49 FEET TO THE POINT OF BEGINNING.
,AID LANDS SITUATE WITHIN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY. FLORIDA
~'ONTAINING 565 SQUARE FEET, MORE OR LESS.
ERTI~ICATE:
HELLER-WEAVER AND SHEREMETA, INC.
FLORIDA STATE LB. NO. 3449
· DANllEI, C. LAAK
~ PROFESSIONAL SLrRVEYOR AND MAPPER
I FLO mI ?TAI
I N(~rEs:
DATED: AUGUST 21.200 l
FILE:J'S\15056LGL.PUB
1.) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY
("THIS IS NOT A SURVEY").
2.) BEARINGS SHOVFN HEREON REFER TO THE WEST RIGHT-OF-WAY LINE OF INDUSTRIAL AVENUE HAVING AN
ASSUMED BEARING OF NORTH 00°00'00~ EAST, PER BOYNTON INDUSTRIAL PARK AS RECORDED IN PLAT
BOOK 25 AT PAGE 232 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
SHEET 1 OF 2 SHEETS
FILE NO. 01-15056.003-SSl
-[eller-Weaver and Sheremeta, Inc.
Engineers ... Surveyors ... Planners
Palm Beach County
310 Southeast First Street. Suite Fot~r
De, Lray Beacl~ Florida 33483
(561] 243-870O
(561)243-8777 Fax
Gran~ of Easement -
Exhibit "A"
Page 2 of 2
,89:41'10" W
114.58'
~Ci~ER?f D. NO,
CONTAINING
~565 SQ. FT.
__ F1 2' UTILITY EASMENT
---:.-4
SOUTH LINE LOT 5 09 E~';
S 89'41'i 0"
80YNTON [NDUSTR!AL PARK
TILl, EASMENT .."
~c:CF%:S ROAD RiGHT+OF-WAY : .,r, hNTE,~S, TATF ~.:, ....
L",.) I /-'~
S.E. CORNER
OF LOT 5
BOYNTON INDUSTRIAL
PARK
PS. 25 PG, 232
ROAD EASEMENT
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
A PORTION OF LOT 5
80YNTON 'INDUSTR~ PARK
PLAT BOOK 25, PAGE 2J2
CITY OF BOYNTON BEACH
PALM BEACH COUNTY, FLORIDA
ILEGEND: I
R/W RIGI..,'T-OF--WA¥
P.O.a POINT OF BEGINNING
j ~
I LOCATION MAP I