90-XXXXXRESOLUTION NO. 90-~)< ~<~
A~RESOLNTION,.~OF THE CITY COMMISSION~OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE A
SANITARY SEWER EASEMENT AGREEMENT
BETWEEN MARRIOTT CORPORATION, AND THE
CITY OF BOYNTON BEACH, FLORIDA, A COPY
OF SAID AGREEMENT BEING ATTACHED
HERETO AS EXHIBIT "A"; AND PROVIDING
FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED by the City Commission
of the City of Boynton Beach, Florida, that:
Section 1. The Mayor and City Clerk are hereby
authorized and directed to execute a certain Sanitary Sewer
Easement Agreement between the City of Boynton Beach and
Marriott Corporation, a copy of which Agreement is attached
hereto as Exhibit "A".
Section 2. This
Resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED this
day of September, 1990.
FLORIDA
ATTEST:
Cit~ Clerk
(Corporate seal)
i Mayor ~
Commissioner
C/co~missioner
SANITARY SEWER EASEMENT AGREEMENT
THIS SANITARY SEWER EASEMENT AGREEMENT, is made as of the ~6-
day of ~-~~ , 1990, by MARRIOTT CORPORATION, a Delaware
corporation ("Marriott") and THE CITY OF BOYNTON BEACH, FLORIDA,
(the "city").
WI TNES SETH
WHEREAS, Marriott is the owner of an easement (the "Easement")
through a portion of a tract of land (the "Congress Center
Property") located in Palm Beach, Florida, as more particularly
described on the Exhibit "A" attached hereto and incorporated by
this reference herein;
waEREAS, Marriott is the owner of
a tract of land (the
"Marriott Property") located in Palm Beach County, Florida,
adjacent to the Congress Center Property as more particularly
described on the Exhibit "B" attached hereto and incorporated by
this reference herein;
WHEREAS, the City
perpetual, non-exclusive
desires that it be provided with a
easement to install, maintain, repair,
alter and inspect a sanitary sewer servicing the Marriott Property
and installed on a portion of the Congress Center Property (the
"Sanitary Sewer Easement Area"), as more particularly described on
the Exhibit "C" attached hereto and incorporated by this reference
herein;
WHEREAS, the Easement entitles Marriott to install, maintain,
repair, alter and inspect the sanitary sewer in the Sanitary Sewer
Easement Area; and
WHEREAS, Marriott is willing to grant to the City a perpetual,
non-exclusive easement through the Sanitary Sewer Easement Area;
NOW, THEREFORE, for and in consideration of the mutual
promises and covenants contained herein and for other valuable and
good consideration, the sufficiency and receipt of which are hereby
expressly~ acknowledged and confirmed, Marriott and the City
covenant and agree for themselves, their successors, and their
assigns as follows:
1.
Marriott hereby grants, conveys, and confirms to the City
and to the successors in
and enjoyment of the
perpetual, non-exclusive
interest of the City for the use, benefit,
City and its successors in interest,
rights, privileges, and easements to go
in, to, over, across, and through the Sanitary Sewer Easement Area
for the purpose of installing, maintaining, repairing, altering,
and inspecting the sanitary sewer on the Sanitary Sewer Easement
Area. The grant of said easement also includes the right and
privilege to use, temporarily from time to time, additional space
adjacent to the Sanitary Sewer Easement Area, where available, for
equipment and materials necessary for repairs and maintenance of
the sanitary sewer contained in the Sanitary Sewer Easement Area,
and to do all acts and things requisite and necessary for the full
enjoyment of the easement hereby granted. In exercising its rights
and privileges hereunder, the City shall coordinate its activities
in the Sewer Easement Area with those of the owner of the Congress
Center Property, shall not unreasonably interfere with the owner of
JJK\ SANSEWER. AGR\ 08 \ 22 \90
the Congress Center Property in the operation of its business and
after any repair or maintenance restore the Sanitary Sewer Easement
Area to reasonably the same condition as existed prior to the
City,s entry thereon.
3. Marriott covenants that each person who is executing this
Sanitary Sewer Easement Agreement on behalf of Marriott is a duly
elected and serving officer and has been fully empowered to execute
and deliver this Sanitary Sewer Easement Agreement; that Marriott
has full corporate capacity to convey the rights and privileges
granted herein; that all necessary corporate action for the making
of this conveyance and the execution of this Sanitary Sewer
Easement Agreement has been taken; that the Easement is free from
any and all liens or encumbrances except current taxes and those
appearing of public record; and that, subject to the foregoing,
Marriott guarantees to the City the quiet possession of the
Sanitary Sewer Easement Area and will warrant, indemnify and defend
the City's title to the easement granted herein against all lawful
claims.
4. This Sanitary Sewer Easement Agreement and all of the
covenants, agreements, rights, and obligations created herein shall
run with the land and shall be binding upon and inure to the
benefit of Marriott and the City and their respective assigns and
successors in interest.
5. This document contains the entire agreement of the
parties hereto with respect to the subject matter hereof. Any
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JJK\SANSEWER. AGR\08 \ 22 \90
modification of the terms of this Sanitary Sewer Easement Agreement
must be in a writing signed by the party against whom enforcement
of the modification is sought.
IN WITNESS WHEREOF, Marriott
Sanitary Sewer Easement Agreement
first above written.
and the City have caused this
to be executed as of the date
IN THE PRESENCE OF:
Signed, acknowledged, and
delivered in the presence
of the following two
witnesses:
Name:
Signed, acknowledged, and
delivered in the presence
of the following two
wit~ses a~ to e~h
s~ure:
/
/
THE CITY
FLORIDA
GENE MOORE, MAYOR
MARRIOT~ CORPORATXON
Vice P~sident
Attest:~-~. ~~~/
[SEAL] Assistant Sec,~e~t. a~
JJK\SANSEWER. AGR\ 08 \22 \90
STATE OF FLORIDA )
) ss
COUNTY OF PALM BEACH )
On this the 17~h day of SEPTEMBER , 1990, before me, the
undersigned officer, personally appeared GENE MOORE.
· who acknowledged himself/herself to be the
MAYOR of the City of Boynton Beach, Florida, and as
such being authorized so to do, executed the foregoing instrument
for the purposes therein contained.
In wi_t~es.s whereof
J~ -'~'~-:L :[ Seal ]
I hereunto set )~y hand and official seal.
Not~ ~Public
My ' ''
Commmsslon Expires:
PEGGY W~ITE BOULLE
STATE OF MARYLkND )
) ss
COUNTY OF MONTGOMERY)
On this the ~
~ day of August, 1990, before me, the
undersigned officer, personally appeared
and ~ L- ~0~-~ , who acknowledged
themselves to be the Vice President and the Assistant Secretary of
Marriott Corporation, a Delaware corporation· and that as such Vice
President and Assistant Secretary, being authorized so to do,
executed the foregoing instrument for the purposes therein
contained, by signing the name of the corporation.
My 'Cs~miS-Sion Expires:
In witness Whereof I hereunto set my hand and orificial seal.
· -[Seal] , _
No~y Public / ~
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JJK\SANSEWER. AGR\ 08 \22 \ 90
~EGAL DESCRIPTION
OF CONGRESS CENTER PROPERT~
A portion of land
Palm Seach County,
follows=
in Section 30, Township 45 South, Range 43 East,
Florida, being more pa=ticuiarIy described as
Commencing at the Southeast corner of said Section 30; thence
North 00~ 51'37' West, a distance of 40.00 feet~ thence South
22'15' West, a distance of ~0.0O feet= thence North 00
West, a distance of ~S0.00 feet to the Point of Be~inning~ thence
South 85° 22'29# West, a distance of 4~8.2~ feet tO a ~Ot~t Of
intersection with the East line of the Plat of 'Lakes of Tara,
P.U.D. Unit 1", as reoor~e0 in Plat ~ook 46, Pages 102 eno 103 of
th~ PubI£e Records o£ Palm Beach County, Flori~a~ thence North 01
20'08" West 'along said East line a ~istance of ~94.00 feet to a
pomnt of lntersectmon wmth the ~outh Rmght-of-Way lmne of S.W.
COngress lva.', as.shown 09 said. Plat; thence Easterly along a
cur%e to the. left ~hose radius p0~nt bears North 01° 3%'4a' West,
having a radius of 1,949.86 feet, a central angle of 0~° 43'41'
(~lat = 06~ 4~'40")~ an arc ~istance of 228.96 feet to a poLnt of
.reverse ~ contlnuln~ Easterly along the arc o~ a
radius O£ 1,869.8~ £eet, a cents1
an arc distance of 158~82 fee~ ~o a point;
O~~ 29'29" East (Plat = South 03~ 3~'36' Ess=), a
.00 feet to a point on curve, thence E~ste~l~ ~long
the a right whose radius point ~ars Sou~h 0~~
~ ! a radius o£ 1,864.86 feet, a c~ntral a~n~le of
)0° 45'05"), an acc ~is~anoe of ~4.98
tO a point~ thence'South 46.° 48'21" a
~et~ thence South 00~ 51'37#
of South 88~ 12'132# Easts a of ~..73
seven courses a~d distances
of
situate in Palm Beach County, Florida.
178,177~? Square feet / 4.0904 Ac~e$, more or les~.
Easements~ Restrictions, Reservations, Covenants and
LEC4~L DESCRI PT~ON
OF
~P~ IOTT PROPE~T~
A Darcel of land in Section 30, Tow~shiD 45 SOuth, Range 43
East, Palm Beach County, Florida, more 9artt¢~larly described
as follows=
Commenolng at the Southeast corner of said Section
thence North 0~ 51 minutes 37 seconds West, a ~stance
40.00 £eet~ thence South 88~ 22 minutes 1~ seconds West, a
~i~tance of 60.00 feet to the Point of Be~nin~ thence
COntinue South 88~ 22..minutes 15 seconds W~st, a
of ~35.08~e~ thence NOrth 1~ .. ,
a distance.Df ~0.00 feet~ thence 29
~e¢on0s ~ast, a ~istan=e of 4~8.2~ ~eet thence Sout~ 0° 15
minut~ 37 seconds East, a d~s~ano~ of 380.00 feet to the
Point ~f ~e~inning.
SAHTTA~Y SE"~
descrlbed proper~.
A po~tton of l~d ~ Se~to~ ~, T~h~p ~ ~h, Range 43 ~&;t, P~lm
of
F
llne
of Re~ord.
property;~henee South I degree 20 ~flutes 08 seconds East,
bear~ng.~ for 3~4,00 feet the southwes~ corner o~ s~d property, thence
~orth ~ ~egr~es 22 ~nUte~ 29 se~n~ East for 30.00 ~eet to the point
TOTAL P. 05