R91-90RESOLUTION NO. R91-~
A RESOLUTION OF THE CITY COM}4ISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A REVISED SEWAGE FORCEMAIN
EASEMENT BETWEEN THE CITY OF BOYNTON
BEACH, FLORIDA, JAMAICA BAY, INC. AND
FLORIDA POWER & LIGHT COMPANY; A COPY OF
SAID REVISED EASEMENT AGREEMENT IS
ATTACHED HERETO AS EXHIBIT "A"; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach~ Florida, had previously entered in an easement
~greement between the above parties; and
WHEREAS, the subject forcemain has been in service for
~pproximately one year, due to in-field changes during
:onstruction it has become necessary to revise the
lescription and sketch; and
WHEREAS, the City Commission of the City of Boynton
½each, Florida, upon the recommendation of staff, has
letermined it is in the best interests of the residents of
:he City of Boynton Beach to execute the revised agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
F THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City of Boynton Beach, Florida
~ereby authorizes and directs the Mayor and City Clerk to
~xecute the revised sewage forcemain Easement Agreement, as
~ttached hereto as Exhibit "A".
ssction 2. This Resolution shall take
~mmed~u~n passage.
PASSED AND ADOPTED this ~ day of June, 1991.
effect
~TTEST:
: COTpo _r.a~ e ~S earl')
EASEMENTiA~R
5/30/91
CITY OF BOYNTON BEACH, FLORIDA
Mayor
EASEMENT AGREEMENT
THIS GRANT OF EASEMENT made this ~ day of ~-~/~ ,
1991 between JAMAICA BAY, INC. (hereinafter referred_ to as
"Grantor") and CITY OF BOYNTON BEACH and FLORIDA POWER & LIGHT
COMPANY (hereinafter referred to as "Grantees").
RECITALS:
WHEREAS, Grantor is the owner of the real property described
on the attached Exhibit "A" (hereinafter referred to as the
"Property"); and
~HEREAS, Grantees are the governing management associations
for the mobile home community known as "JAMAICA BAY"; and
WHEREAS, Grantees desire a grant of an easement, and Grantor
desires to grant an easement to Grantees, upon a certain portion
of the Property to be utilized by Grantees for the purpose of
installation, maintenance and repair of a sewag~ forcemain and
supporting 'eiectrical equipment.
NOW, THEREFORE, for good and valuable consideration in the
form of the mutual covenants contained herein, the sufficiency of
which'is hereby acknowledged, the parties agree as follows:
Section 1. Re_~entations: The foregoing representations
are true and correCt and are incorporated hereby by reference.
Section 2. Grant of Easement. Grantor hereby grants unto
the Grantees an easement (the "Easement") upon that certain portion
of the property described on the attached Exhibit "B" for the
purposes described herein, including the reasonable right of
ingress and egress upon said easement for personnel and equipment
of Grantees, Grantees contractors, agents, successors or assigns,
for the purpose of exercising and enjoying the rights granted to
Grantee herein.
Section 3. Term of Easement. This =asement shall be in
perpetuity unless terminated by,the recorded mutual consent of the
parties, or their successors or assigns.
Section 4. Limitations on Easement Us~. Grantees shall
conform its use of the easement to all applicable laws, codes,
ordinances and statut%s. Use of the easemen= shall in no way be
disruptive of fixed structural improvements on the property nor
shall it encumber or impair the ingress or egress to or from the
property by any party. Use of the easement shall be limited to the
express purposes set forth herein.
Section 5. Repair and Restoration. Grantees shall repair and
restore to the original condition any alteration to Grantor's
property directly or indirectly caused by Grantee through the
exercise of its easement rights and obligations under this
Agreement and shall bear all expense related to same.
Section 6. Maintenance. Grantee shall bear responsibility
for all maintenance or repair of the sewage forcemain and support-
ing electrical equipment and related equipment and facilities on
the Property.
Section 7. Bindinq Effect. This Agreement shall be binding
upon and shall inure to the benefit of the parties hereto and their
respective successors and assigns.
Section 8. Indemnification. Grantee shall
harmless Grantor from any liability created by
use of the easement area by Grantae.
indemnify and hold
or related to the
EASEMENT AGREEMENT
THIS GRANT OF EASEMENT made this ~ day of ~-~/~ ,
1991 between JAMAICA BAY, INC. (hereinafter referred_ to as
"Grantor") and CITY OF BOYNTON BEACH and FLORIDA POWER & LIGHT
COMPANY (hereinafter referred to as "Grantees").
RECITALS:_
WHEREAS, Grantor is the owner of the real property described
on the attached Exhibit "A" (hereinafter referred to as the
"Property"); and
WHEREAS, Grantees are the governing management associations
for the mobile home community known as "JAMAICA BAY"; and
WHEREAS, Grantees desire a grant of an easement, and Grantor
desires to grant an easement to Grantees, upon a certain portion
of the Property to be utilized by Grantees for the purpose of
installation, maintenance and repair of a sewage forcemain and
supporting electrical equipment.
NOW, THEREFORE, fgr good and valuable, consideration in the
form of the mutual covenants contained herein, the sufficiency of
which is hereby acknowledged, the parties agree aS. follows:
Section 1. Representations: The foregoing representations
are true and correct and are incorporated hereby by reference.
Section 2. Grant of Easement. Grantor hereby grants unto
the Grantees an easement (the "Easement,,) upon that certain portion
of the property described on the attached Exhibit "B" for the
purposes described herein, including the reasonable right of
ingress and egress upon said easement for personnel and equipment
of Grantees, Grantees contractors, agents, successors or assigns,
for the purpose of exercising and enjoying the rights granted to
Grantee herein.
Section 3. Term of Easement. This easement shall be in
perpetuity unless terminated by.the recorded mutual consent of the
parties,, or their successors or assigns.
Section 4. Limitations on Easement Usm. Grantees shall
conform its use of the easement to all applicable laws, codes,
ordinances and statut%s. Use of the easement shall in no way be
disruptive of fixed structural improvements on the property nor
shall it encumber or impair the ingress or egress to or from the
property by any party. Use of the easement shall be limited to the
express purposes s~t forth herein.
Section 5. Repair and Restoration. Grantees shall repair and
restore to the origihal condition any alteration to Grantor's
property directly or indirectly caused by Grantee through the
exercise of its easement rights and obligations under this
Agreement and shall bear all expense related to same.
Section 6. Maintenance. Grantee shall bear responsibility
for all maintenance or repair of the sewage forcemain and support-
ing electrical equipment and related equipment and facilities on
the Property.
Section 7. Bindinq Effect. This Agreement shall be binding
upon and shall inure to the benefit of the parties hereto and their
respective successors and assigns.
Section 8.Indemnification.' ' ' Grantee shall indemnify and hold
harmless Grantor from any liability created by or related to the
use of the easement area by Grantee.
party in such litigation shall be entitled to
fees and costs.
any litigation
the prevailing
recover attorneys
IN WITNESS WHEREOF, the~pa~ies ha~e
hands ~nd seals this t~th d~y~
their
WITNESSES:
STATE OF FLORIDA
COUNTYOF~PALM BEACH
GRANTOR:
JAMAICA BAY,
By:
INC.
on this day, before me, an officer duly
a~thoriz th~ State aforesaid and in the'county ~foresaid to
t~ke ~ /
j~dA~ge~s, personally ~ppeared ~__~i~k~__~ as
President of ~A±CA BAY, INC., a Florzda corpor~,G~meknown
to in and who executed the foregoing
instI me that he executed the same
on behalf ~ JAD~AICA BAY, INC.
hand and official seal in the COunty and State last
March , 1991.
WITNESSES;
STATE OF FLORIDA )
COUNTYOF PALM BEACH )
NOTARY PUBLIC, State of ~lorida .. ~' ~-~
My Commission expires: ·
G~EE:
CITY ~ BOYNTON BEA~.H
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the county aforesaid to
~ke ,~k~o~%men~, ~P~a~.~_p~eared ~
- - .- ~x u~ mU~NTON BEACH, to me known to be the
person described in and who executed the foregoing instrument and
he acknowledged before me that he executed the same on behalf of
CITY OF BOYNTON BEACH.
WITNESS. .mY hand and officia~seal in the County and State last
aforesaid this _~_ day of ~/~_~ , 1991.
NOT~Y PUBLIC, St~e~yf Florida
My Commission expires:
WITNESSES:
GRANTEE:
FLORIDA POWER & LIGHT
- :, _ By:
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgements, personally appeared
as of FLORIDA POWER & LIGHT, to me known to be the
person described in and who executed the foregoing instrument and
he acknowledged before me that he executed the same on behalf of
FLORIDA POWER & LIGHT.
WITNESS my hand and official seal in the County and State last
aforesaid this day of , 1991.
NOTAi~Y PUBLIC, State of Florida
My Commission expires:
JAMA40
I
SKET~ AND DESCRIPTION
SANITARY FOR*LE MAIN EASEMENT
FOR JAMAICA BAY
SANITARY SEWER FORCEMAIN EASEMENT
That portion of Section 13~ Township 45 South, Range 42 East in Pahn Beach County,
Florida, described as follows:
Commencing at tile Southwest corner of said Scction 13; thcncc North 89056'37'' East
along thc South line of said Section 13 a distance of 1459.57 feet; thence North 0°03'23" West
a distance of 15.00 feet to tile North right of way line of Lake Worth Drainage District Canal
L-22; thence North 45°14'14" West a distance of 18.2I feet; thence North 0°14'14" West a
distance of 5,L2[ feet; thence North 44°45'46'' East a distance of 36.17 feet; thence North
0°14'14" West a distance of 159.06 feet; thence South 89°,H'13" West a distance of 190.66 feet;
thence North 0°00'42" West a distance of g43.39 feet; thence North 29'~5 ['27" West a distance
of 75.79 feet; thence Noi'th 0°03'23" West a distance of 11.58 feet; thence North 24°07'41'' West
a distane~ of, 2,9,,.12 feet to tlie Sou~th right of way line of N.W. 22nd Avenue Extension; thence
North 89 !5507 East along Said S0ut~h right of way line a distance of 21 88 £eet; thence South
0°03~23" East a distance of 35 77 feet- thence So~th 29051'27" E-~ ~ ,4;o~ ..... r ~ ,la root
the POINT OF B~GlNNING;'thence'continue SOuth 29°51'27'' ~s~
thence North 0°00~'~2 West a distahee bf 1.6 70 feet; thence North 41021)10" West a distance of
41270 feet to tire POINT O_F BEGINNING; containing 230 square feet, more or less.
CERTIFICATION
(NOT VALID UNLESS SEALED WITH EMBOSSED SURVEYOR'S SEAL)
I HEREBY CERTIFY that the Description and Sketch of the property shown
hereon was completed under my direction on ,//~- ~, /~! ,
and that said description is true and correct to the best of my knowledge
and belief.
I FURTHER CERTIFY that this Description and Sketch meets the MINIMUM'
TECHNICAL STANDARDS FOR ,SURVEYS set forth by the FLORIDA BOARD OF LAND
SURVEYORS pursuant to Section 472.027 Florida State Statutes and as defined
in Florida Administration Code 21-HH-06.006. NO SEARCH OF THE PUBLIC
RECORDS has' been made by this office. The description is based on
information furnished by client or client's represehtative.
Date of Signature ~A/zy/9/~'~/ ~ /~/
.. ~C
Registered [and Surveyor
Florida Certificate No. 4516
~m ~[~ Hutcheon Engineers JANUARY, 1991
) ORW, B NOTEBOOK CIVIL ENGINEERS & SURVEYORS ~'~lt & E~W. No.
NO. I~G. 4431 EEMSARCAD~ERO DRIVE. WEST PALM B~ACH,
91- 1-5124.15
SHEET
I 2
NOTE: THIS DRAWING DOES NOT REPRESENT A FIELD
SURVEY AND IS BASED ON OFFICE INFORMATION ONLY,
O?"E NW 22ND AVE,
~2,~o7,~'' ' -~UT, ~
' W o ' ,, /W LINE
e9.,2' v---~ g'-'s~o.9~.~? E N.W. ee~ ~v~
NO°O323'W ~ ~S29°51 27~E 20 44'
11.58' ~x. ~ ~POINTOF BEGINNING
~ ~'~ ~NOO~'4~"W
,. ~ ~-~ ~ :
SKETCH AND DESCRIPTION
SANITARY FORCE MAIN EASEMENT
FOr JAMAICA BAY
S. 890.4t' I 3" W 190.68'
- --3
TOWNSHIP 45 SOUTH,RANGE 42 EAST
BEARS NOR'"r'~ 99o56'37"EAST. =~t
NORTH R/w LINE
LAKE WORTH DRAINAGE
BEC. I 5,"E 45 S., R. 42E.
f CANAL L- 22
/
/
NOTEBOOI(
NO.
Hutcheon Engineers
EAST OSCEOLA, STUART, FL S4~1~4 '