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R02-077 RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DRAINAGE EASEMENT BETWEEN THE CITY OF BOYNTON BEACH AND STOR-ALL LTD., CORPORATION, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is the desire of the City to obtain from Stor-All Ltd., a perpetual, nonexclusive easement for the construction, installation, maintenance and operation of a retention area upon the property more specifically described in Exhibit "A" attached to the Drainage Easement; and WHEREAS, that part of the consideration of this Easement is an assurance by the City that the Easement will not impair development on the property currently owned by Stor- All, Ltd., and more particularly described on Schedule 1, attached hereto; and WHEREAS, the City Commission upon recommendation of staff, deems it appropriate to execute this Easement Agreement between the City of Boynton Beach and Stor-All, Ltd., which Easement is attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That each Whereas clause is true and correct. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute a Drainage Easement between the City of Boynton Beach and Stor-All, Ltd., said Agreement being attached hereto. Section 2. This Resolution shall become effective immediately upon passage. $:\CA\RESO~Agreements\Utilities\Stcr-All Drainage Easement.doc PASSED AND ADOPTED this '7 day of May, 2002. CITY BO ~TO B CH, F~LORIDA M~yor_.~__~ _ V'ce Mayo ~er(~'~ Commip~n~//~ ~ ATTEST: 'Clerk S:\CA\RESOLAgreements\Utilities\Stcr-All Drainage Easement.doc LEGAL DE$'CRIP'!'iON THK. £,AST OtIARTF. R Cdr~LOT 8. SF. CTION ZQ. TO~ 4S SCX, JTH. ~ 43 EAST. ACCORDinG TO TT'E SlAP OF' TUw#s)it' 48 SOUIH. ~ '/OWNS,tiP 46 SC~TH. RJ~ 4~ EAST. U iI~CMIO~ Id P~AT BQ(X Z, PAGE 4. PALM COUNTY PUBLIC RECORDS. ~ ?~ r.~ST QUMTIER;C~ LOT 8. Km~G IdO~ P'ART'IC~a~..T OE$C3eSCO r OLL OWS: ~R~ ~34'~ WEST. AL~ T~ EAST L~ ~ SA~ ~CT~ ZO. A KS~ME~ ~C~T~ S~TH ~~'Z~' WEST. A ~:TA~ ZO~ F~T TO ~ P~T ~ ~VA~ ~ A ~ C~A~ TO ~T~ J~ AS ~ ~ 60~ ~~L P~ aS ~ P~T B~ ~. P~ 2~ ~C flECkS ~ P~ B~ FL~ ~ ~R~ ~34'4~ ~ST AL~ S~ EAST ~T~-WAY ~ ~ ~$~ A~ A ~T:~ ~ 45.~ ~T; T~[ NORTH 8~52~2' [~T, J ~TAN~' ~ I~ ~: ~ S~TH 33'25'50' lAST, A ~T~ ~ 78J ~T TO T~ P~T ~ BErG AFOR[ DESCRIgED. CONTA~G 4~5~ ~ES ~89.~6.7 S~ARE F~ M~ ~ LESS. April 30, 2002 FTL:859562:3 -o'I'1 DRAINAGE EASEMENT THIS DRAINAGE UTILITY EASEMENT ("Easement") is granted and entered into this '/ day of ~ q ,2002, by and between STOR-ALL, LTD., a Florida limited parmership, hav'-'-ing an ad'ess ~t 1375 West Hillsboro Boulevard, Deerfield Beach, Florida 33442 ("Grantor") and The City of Boynton Beach, Florida ("Grantee"). (WHEREVER USED HEREIN, THE TERMS "GRANTOW' AND "GRANTEE" INCLUDE ALL THE PARTIES TO THIS INSTRUMENT AND THE HE]RS, LEGAL tLEPRESENTATIVES AND ASSIGNS OF INDIVIDUALS AND THE SUCCESSORS AND ASSIGNS OF LEGAL ENIiIIISS, WHEREVER THE CONTEXT SO ADMITS OR REQUIRES.) RECITALS: A. Grantor is the owner of a certain parcel of real property more particularly described on Exhibit "A" attached hereto and incorporated herein ("Grantor Property'), which Grantor Property includes the property described on Exhibit "B" attached hereto and made a part hereof forms a part (the "Easement Area"). B. Grantee desires to obtain from Grantor and Grantor des/res to grant to Grantee a perpetual, nonexclusive easement for the construction, installation, maintenance and operation of a retention area upon the Easemem Area. NOW, TI-IEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby declare and agree 'as follows: 1. Recitations. The recitations set forth above are tree and correct and are incorporated herein by this reference. 2. Grant of Easement. Grantor hereby grants and conveys to Grantee, a perpetual non- exclusive easement ("Easement") over, across, under and upon for the Easement Area for the construction, installation, maintenance and operation of a retention area. 3. Reservation of Rights. Grantor hereby reserves all rights not herein grantedpursuant to this Easement, including but not limited to, the right of free ingress and egress over and upon the Easement Area and to grant further easements under, over and on the Easement Area. 4. Indemnification. The Grantee agrees to indemnify and hold the Grantor harmless from all lost, cost, damage and/or claim incurred in conjunction with use of the Easement Area by the Grantee, its employees, agents and/or contractors. Without limiting the generality ofthe foregoing, the Grantee agrees to indemnify and hold the Grantor harmless with respect to any hazardous substance(s) which may be placed upon and/or migrate and/or flow upon the Easement Area and April29. 2002 FTL:859562:3 BOOR 13766 PP~BE 016~ the Grantee shall be responsible for all costs associated iherewith including, without limitation, any cleanup costs. The indemnit5 set forth herein shall include, without limitation, reasonable attorneys fees and costs through all trial and appellate levels and post judgment proceeding and survive the transfer of the Grantor Property by the Grantor. 5. Notices, Ifaparty desires to give notice to the other, such notice shall be in writing and addressed to the party for whom it is intended at the address shown above. The notice may be deposited in the United States mail, certified or registered mail, return receipt requested with postage prepaid or sent by Federal Express or comparable ovemighHmail service. Notice shall be deemed to have been given upon receipt or refusal of delivery of said notice. 6. Approval. The Grantee acknowledges that any improvements placed upon the Easement Area may obstruct the visibility of the Grantor's Property from BoMaton Beach Boulevm-d and, thus, any improvements placed upon the Easement Area by the Grantee shall be limited to aluminum fencing substantially similar in quality and appearance as that utilized by the Grantor on the Grantor Property. Therefore,'prior to placing any improvements upon the Easement Area (which shall be limited to fencing), the Grantee shall submit the proposed plans for such improvements to the Grantor for the Grantor's approval, which approval shall not be unreasonably withheldprovided such do not obstruct the visibility of the Grantor's Property and provided the fencing is aluminum and substantially similar in quality and appearance as that existing on the Orantor's Property. Without limiting the generality of the foregoing, the only improvements which the Grantee shall make upon the Easement Area shall be in accordance with the Drainage Plan prepared by Kimley- Horn and Associates dated June, 2001 under Drawing No. 044349000. 7. Governing Law and Selection of Forum. This agreement shall be governed by and construed in accordance with the laws of the State of Florida. 8. Maintenance. The Grantee shall be responsible to maintain and replace all improvements and landscaping on the Easement Area. In conjunction with the foregoing, the Grantee must maintain the Easement Area including all sod and landscaping m good condition and repam 9. Duration. Except as set forth in paragraph 10 below, this Easement shall be perpetualin duration and may only be altered or canceled by written instrument executed by Grantor and Grantee. 10. Resolution. The resolution adopted.by the Grantee attached hereto and made a pan hereof as Exhibit "C" is a material inducement for the Grantor to grant this Easement to the Grantee. 11. Bindin~ Effect. The provisions of_thiS Easement shall be binding on the parties hereto and their respective successors. The Grantee-shall not have the right to assign this Easement without the prior written consent of the Grantorl April 29, 2002 FTL:859562:3 BOOK 13766 PAGE 01~5 12. Captions. The captions and paragraph headings contained in this Easement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent ofthis Easement, nor the intent of anyprovision hereof. This Easement shall not be construed more strictly against either party by virtue of the preparation of this Easement. 13. Counterparts. This Easement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same Easement. IN WITNESS WHEREOF, Grantor has executed these presents the day and year first above written. Signed, sealed and delivered in the presence of: GRANTEE: THE CITY OF BOYNTON BEACH, FLORIDA ~f~n~ted Name Si att~ , Printed Name APPROV'~D ~ 'J'O FOR~.~:~ G~OR: k~ STOR-~L, LTD. By: ~nd~n Stor-All, hc., Gener~ P~er Its: qee~l ~ of ~ ~' May 6. 2002 FrL:859562:3 )SS: COUNTY OF PAGE 0166 I HEREBY CERTllrY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take~acknowled_gmegts, the foregoing instrument was acknowledged before me by f'f~ Z~r~) //~4/'gF~/,L.o~~ ,_____ltw.~ ~f-'/2 . of THE CITY OF ~OYNTON BEACH, ~I~6RID~,, wl~_]2ersonally k~own to/me dr who has produced as idemification. - W1TNESS my hand and official seal in the County and State last aforesaid this ~of ,,.--""~A.~ ,2002. Typed, printed or stamped name of Notary Public My Commission Expires: STATE Or cou c oF SS: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aa~nresaid and in the County aforesaid to take_.gac~kr~owledg~nen~ts, thee ~regomg instrument was owledged before me by (~e-~¢ /~/]- ~/(~/f-4~-c~/k~ , the ~_~ ?/'~ [d;'~ of Anderson Stor-All, Ih&, tlte ~eneml partner of S(or-All, Ltd., who is personally known to me or ~rt~i~duo~ as identification. ~/~ ~TNESS my hand and official seal in the County and State last aforesaid this ff day of ,2002. Typed, printed or stamPed name of Notary Public My Commission Expires: 4 April29.2002 FrL:859562:3 BOOK 13766 P~BE 0167 LEGAL DESCRIPTION THE EAST QUARTER OF LOT 8. sECTION 20, TOWNSHIP 45 sOUTH. RANGE 43 EAST. ACCORDING TO THE MAP OF TOWNSHIP 45 soUTH. AND TOWNSHIP 46 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK I, PAGE 4. PALM BEACH COUNTY PUBLIC RECORDS. 804, SECTION 93640-2601 AND THAT PART LESS RIGHT-OF-WAY OF ST_A~E_.RO~AD~,c ~ORE PARTICULARLY DESCRIBED AS OF THE EAST OuARTER OF LUi l~. FOLLOWS: ~ ~n :~CTION 20; THENCE ONG/M~ .~o- . OF NORTH 0P34 OF ~EST,-AL -~ :n~'[TH 88"06 29 ~EST. A DIST~C[:',: DISTANCE OF 40.00 FEET; ~t~GF THE PARCEL TO BE DESCRIBED; THENCE cONT NUL cURVATURE OF A CURVE CONCAVE TO THE ~Og.19 FEET TO TH~ ~I~T O~ ': , ALONG THE ARC OF SAID_CURVE NORTHEAST; THENCE--, NoRT~8~. AND A RAD US OF 20.00 ~EET, A HAVING A C~NT~6L 6~E O~ ~iN~':~G'~HE EAST RIGHT-OF-WAY LINE OF D STANCE OF ~S3 FEET TO A '-- ~g.,~R~ INDuSTR AL PARK AS RECORDED ~DUSTRIAL AVENUE AS ~o~N ', 0RDS OF PALN BEA?. ~T~, ~N mAT BoOK g5. PAGE ~Z, ~U~L ~?, .~. ~A1D EAST RIGH~-ur-~AY ~'L~A~ IHENcENORTH OC~4~,~C~I FEET: THENCE LINE O[ ~OUSTRIAL A~ENU~. ~:~'~ ~E~; T~NCE sOUTH 33~g~ 87~5~ 1~ EASI. A DI~TANCE O~ ~u uo EAST. A DISTANCE OF 78 II FEET ~0 ~HE PO NT OF BEGINNING AFORE DESCRIBED. LEGAL DESCRIPTION BOOK 13766 PRBE 0168, A PARCEL OF LAND LYING tN THE EAST ONE QUARTER OF LOT S, SECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE MAP OF TOWNSHIP z~5 SOUTH AND TOWNSHIP z)6 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK I, PAGE 4, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 20; THENCE NORTH 0 54 OI WEST ALONG THE WEST RIGHT-OF-WAY LINE OF S.A.L. RAILROAD , A DISTANCE OF 69.~3 FEET; THENCE SOUTH ~B°25'5~" WEST, A DISTANCE OF 29.91 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE SOUTH ~°06'2~" WEST, A DISTANCE OF 51.55 FE~T TO A POINT ON A CURVE CONCAVE TO THE NORTHEAST, HAVING A CENTRAL ANGLE OF 57°35'02'' AND A RADIUS OF 14.50 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 14.57 FEET TO A POINT OF TANGENCY; THENCE NORTH 54°18'5l'' WEST, A DISTANCE OF 57.82 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A CENTRAL ANGLE OF 6~°30'01'' AND A RADIUS OF 24.94 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 27.20 FEET TO A POINT OF TANGENCY; THENCE SOUTH 87°55'11'' WEST, A DISTANCE OF 155.98 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A CENTRAL ANGLE OF 90035'07'' AND A RADIUS OF 7.75 FEET; THENCE NORTHWESTERL.Y ALONG THE ARC OF SAID CURVE, A DISTANCE OF 12.~5 FEET TO A POINT OF TANGENCY; THENCE NORTH 0l°54'4~'' WEST, A DISTANCE OF 112,30 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A CENTRAL ANGLE OF 90000'00'` AND A RADIUS OF 15.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF ~5.56 FEET TO A POINT OF TANGENCY: THENCE NORTH 88°25'18'' EAST, A DISTANCE OF 59.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A CENTRAL ANGLE OF 90000'00" AND A RADIUS OF 5.00 FEET: THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 7.85 FEET TO A POINT OF TANGENCY; THENCE SOUTH 01°34'42'' EAST, A DISTANCE OF 15,00 FEET; THENCE NORTH 88°25'18" EAST, A DISTANCE OF 46.00 FEET; THENCE NORTH 01°34'42'' WEST, A DISTANCE OF ;5.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A CENTRAL ANGLE OF 90000'00'' AND A RADIUS OF 5.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 7.85 FEET TO A POINT OF TANGENCY; THENCE NORTH 88°~5'18'' EAST, A DISTANCE OF 17~.09 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A CENTRAL ANGLE OF 90000'00" AND A RADIUS OF 15.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF ~5.56 FEET TO A POINT OF TANGENCY; THENCE SOUTH 01°~4'02'' EAST, A DISTANCE OF 169.47 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A CENTRAL ANGLE OF 89040'30'' AND A RADIUS OF 15.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF ~AID CURVE, A DISTANCE OF ~5.48 FEET TO THE AFOREMENT ONED POINT OF BEG,NNING. ~ r'~ 2', SS HIS DOOUME~;~RE ¢ I. NO SEARCH OF THE PUBLIC RECORDS AND THE ORIGINAL~.~'~F'O~f~;~b~6~ED:~<i;~,:<~ WAS PERFORMED BY TH S OFF CE SU~OR AND ~[~:~%~;~ 2. BEARINGS AS SHOWN HEREON ARE BASED UPON ONLY AND fS ~bl~: ¢~ ~ THE SOUTH LINE OF SECTION 20 ....... ~' ~"~ ~'(¢*~,~ TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH DATE. ~//~' COUNTY FL. HAVING AN ASSUMED '~,~ %" BEARING OF S 88006'29'' W AND ALL OTHER BEAR NGS ~ ,~ ARE RELAT VE THERETO ~ .... ~mo~ ~eying ~ M~pping Inc. ~G~; OF, ~ ~ ,HO.~: (s~l) ~J~-S~OS RETENTION AREA AT ! .~m: N/A ~: ~. ~: 1.=~, STOP-ALL INDUSTRIAL AVE. ~ N/A BOYNTON BEACH FLORIDA SKETCH ONLY NOT A BOUNDARY SURVEY 13766 PAGE 8169 Do~oth¥ H. Witke~ Cle~'k ~.~INDUSTRIAL AVE (-~.B.- ~T PG. N OI $4 42, W ~ L=12.2.5, I L=25.56, R=7.75 i R=IS.00 ~,=90'0.07100 L= .B5 R=5.00 L=27.20' R=24.94' IO1~ AREA 57'35'02" L--14 57' R=14,50 B. R=IS.00' ~N 0P54'01" W 69.85' ~._S 0P54'42" E ioo' LEGEND P.0.¢. = POINT DF COMMENCEMENT P.0.B.= POINT OF BEGINNINI R/W = RIGHT OF V/AY P.B, = PLAT BOOK PG. = PAGE O.R.B.= OFFICIAL RECORD BOOK 1=90'00'4Q'~ L:25.56,~ R=IS.00 ~ S.A.L. RAILROAD R/W S S 8802558" W 29.91' FIELD: Landmark Surveying &: Mapping Inc. 1850 FOREST HILL BOULEVARD, SUITE 100 WEST PALM BEACH. FL 35,¢05 PHONE : (561) 455-5405 LB j~4396 N/A DATE: MAY 2002 PR(DJ, F~LE 2420 N/A SKETCH OF RETENTION AREA AT STOR-ALL INDUSTRIAL AVE. BOYNTON BEACH FLORIDA CHECKED: p~ CADDFILE 242OPONO SHEET NO. 2 OF 2 NO.