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89-ZZRESOLUTION NO. 89-~7_~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN EASEMENT CONVEYING EASEMENT RIGHTS TO SOUTHERN BELL, A COPY OF SAID EASEMENT BEING ATTACHED HERETO AS EXHIBIT "1"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW, T~IEREFORE, 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 that certain Easement conveying easement rights to Southern Bell, a copy of which Easement is attached hereto as Exhibit "1". Section 2. This Resolution shall take effect immediately upon passage. Vice Mayor ATTEST: (Corporate Seal) Southern l]ell Form 8416 (12-84) A BELLSOUTH Company Iss. C, Section 939-347-901SB Right Of Way Easement In consideration of the sum of money hereinafter set out and other good and va uable consideration, the adequacy and receipt of which is hereby acknowledged from the Southern Bell Telephone and Telegraph Company, the undersigned, owner(s) of the premises described below, do hereby grant to the Southern Bell Telephone and Telegraph Company, its licensees, agents, successors, assigns, and allied and relatedaSS°ciatedservicesC°mpanieS'as the granteea right OfmayWaYrequire,easementconsistingtO construCt,of: operate, maintain, add or remove such lines or systems of communications or (2) Buried cables and wires, cable terminals, markers, splicing boxes and pedestals; (3) Conduits, manholes, markers, underground cables and wires; (4) And other amplifiers, boxes, appurtenances or devices upon over and under a strip of land Ten (10) feetwideacmssthefollowinglandsinpalm Florida generallydescribedasfollows: The South ten (10) feet more particularly described as follows: (See copy of legal description attached) Beach County, State of of a parcel of land throughand, to the said fullest property, extent the undersigned has the power to grant if at all, over, along and under the roads, streets or highways adjoining or The following rights are also granted: to allow any other person or company to attach wires or lay cable or conduit within the right of way for communications or electric power transmission or distribution; ingress and egress to said premises at all times; to clear the land and keep it cleared of all trees, undergrowth or other obstructions within the easement area; to trim and cut and keep trimmed and cut ail dead, weak, leaning or dangerous trees or lira bs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution. The receipt of.. One and No undersigned. / 100 Dollars ( $1.0 0 ) is hereby acknowledged by the Signed, sealed and d_.e, liY. e~ed ~--ia-t~e presence otc ~'~ W}tness // To have and to hold the above granted easement unto Southern Bell Telephone and Telegraph Co~p~a~ ,y;Tt~s~Jccessors and assigns forever. ~ WHEREOF, the undersigned have signed on September .. ~.,.-~"~ ~* ~ IN WITNESS Witness Attest: Betty'S. Bodoni, City Clerk Name~ene Moo~e,~Mayor C~tv of Bovnton Beach Name of Corporation By: __ Title: Southern Bell Representative Southern Bell Authority Number EXHIBIT "1" t crx 0 I~. '0 0 0 MEMORANDUM September 15, 1989 TO: FROM: SUBJECT: Raymond Rea, City Attorney , Ann Toney Acting Assistant City Manager/ ~_~ Acting Engineering Administrator 15 Station #3 / Southern Bell Easement RequestSEP Fire ~.~1 ~V Attached please find the documents that have been approved by Ken Hall of the Engineering Department and Facilities Project Manager, Bill DeBeck. Should the attached satisfy the City's legal requirements, please prepare the appropriate documents in order that this may be placed on the City Commission agenda of October 3, 1989. Should you require additional information, please do not hesitate to con- tact Ken Hall or Bill DeBeck directly. Thank you for your assistance in this matter. AT/cd Attachment cc: Ken Hall, Engineering Dept. Bill DeBeck, Project Manager Ann Toney Acting Assistant City Manager/~ Acting Engineering Adm. MEMORANDUM September 5, 1989 TO: Ann Toney Acting Engineering Administrator FROM: Ken Hall Engineering Department RE: Fire Station #3 - Southern Bell Easement Request Attached is the modified draft for Southern Bell's request. We recommend approval by the City Commission at the next scheduled ~ommission meeting. Please note that no easement was granted along the east property line due to an existing 20 foot utility easement confirmed by the Utility Dept. Also, per phone call to Ms. Gregory on 8/31/89, it was agreed to provide the east to west easement along the south 10 feet of the parcel due to landscaping and driveways along the north side with the understanding that the electrical contractor be instructed to run Southern Bell's duct bank to the south property line. We recommend that Attorney Rea review and approve the document prior to the Commission meeting and return the executed document for distribution. ~en Hall KRH/ck attachments cc: George Hunt, Interim City Manager Bill DeBeck, Project Manager Mary Gregory, Southern Bell Telephone Co.