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Home My WebLink About1984-37 Authorizing the Mayor & Village Clerk to Sign Certain Public Drainage & Utility EasementsRESOLUTION NO. 37-84 A Resolution of the Village Council of North Palm Beach, Florida, authorizing the Mayor and the Village Clerk to sign a disclaimer to a certain public drainage and utility easement lying between Lots 12 and 13, Block 38, Plat No. 3, of The Village of North Palm Beach. Be it Resolved by The Village Council of North Palm Beach, Florida: Section 1. The Mayor and the Village Clerk be, and they are hereby, authorized and directed to sign a disclaimer to a certain public drainage and utility easement granted to The Village of North Palm Beach as per copy of the disclaimer attached hereto, marked Exhibit 1, and by reference made a part hereof. Section 2. That the signing of this Disclaimer set forth in Section 1 above, be conditioned upon the grant of a utility easement by the property owner, Cape Ann Development Corporation, to the following described property: A strip of land for drainage and utility purposes being the North 10 feet of Lot 13, Block 38, VILLAGE OF NORTH PALM BEACH, PLAT NO. 3, according to the plat thereof, as recorded in Plat Book 25, pages 175 and 176, public records of Palm Beach Couty, Florida. The form of the easement shall be as directed by Village council. Passed and Adopted this 13th day of September , 1984. '�F rr�� '.(Village Seal) OkD,q?'_ry� 34 ATTEST-:'. VILLAGE CLERK VICE MAYOR STATE OF FLORIDA. ) COUNTY OF PALM BEACH I HEREBY CERTIFY, that on this day personally appeared before me, an officer duly authorized in the'County and State aforesaid to take acknowledgments, Al Moore, Vice Mayor, and Dolores Walker , Village Clerk, of THE VILLAGE OF NORTH PALM BEACH, a municipal corporation existing under the laws of the State of Florida, to me known to be the individuals and officers of said corporation described in and who executed the foregoing instrument and they acknowledged the execution thereof to be their free act and deed as such officers thereunto duly authorized, that the official seal of said corporation is duly affixed thereto, and that the said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this 14th day of September , 1984. �.0 g Notar/ PublYc My commission expires: MARV sT'AW !#F FLORIDA AT LARD! LW COMMISSION EXPtfsz3 FEBRUARY 15,11/37 (seal) EONDED THRU CHAS. R. DORSEY. it► Prepared by and return to: Gary J. Nagle, Esquire Nagle &Miller 450 Australian Avenue, Suite 600 West Palm Beach, FL 33401 EXHIBIT 1 D I S C L A I M E R KNOW ALL MEN BY THESE PRESENTS,: That The Village of North Palm Beach, Florida, a municipal corporation under the laws of the State of Florida, does by these presents disclaim any interest in and to the following described property owned by CAPE ANN DEVELOPMENT CORPORATION, a Florida Corporation, situate, lying and being in the Village of North Palm Beach, Palm Beach County, Florida, to wit: That certain public drainage and utility easement along the South 6 feet of Lot 13, Block 38, and the North 6 feet of Lot 12, Block 38, VILLAGE OF NORTH PALM BEACH, PLAT NO. 3, according to the Plat thereof, as recorded in Plat Book 25, pages 175 and 176, public records of Palm Beach County, Florida. in that the same is no longer needed for public utility and anchor easement purposes. IN WITNESS WHEREOF, the duly authorized officers of said Village have hereunto set their hands and affixed the Seal of said Village this 13th day of September (Village Seal) ATTEST , 1984. THE VILLAGE OF NORTH PALM BEACH BY: C � Q� C9,� Village Clerk VICE Mayor DRAINAGE EASEMENT THIS EASEMENT ;k ,.made. this �3 day of SEPTEMBER, 1984, between CAPE ANN DEVELOPMENT CORPORATION, a Florida Corporation, as party of the first part, and THE VILLAGE OF NORTH PALM BEACH, a Municipal Corporation under the laws of State of Florida, as party of the second part. WITNESSETH: That the said party of the first part, in consideration of the sum of One ($1.00) DOLLAR and other valuable considerations paid, the receipt of which is hereby acknowledged,hereby grants unto the second party, its st£kessors and assigns, a perpetual easement and right of way for the purpose of a drainage easement, over, upon, under, through and across the following described land, situate, lying and being in the County of Palm Beach, State of Florida, to -wit: The North ten (10) feet of Lot 13, Block 38, VILLAGE OF NORTH PALM BEACH, PLAT NO. 3, according to the plat thereof, as recorded in Plat Book 25, pages 175 and 176, public records, Palm Beach County, Florida. TO HAVE AND TO HOLD THE SAME unto the second party, its successors and assigns forever. IN WITNESS WHEREOF, said party of the first part has hereunto set its hand and affixed its seal the date first above written. Signed, sealed, and delivered CAPE ANN DEVELOPMENT CORPORATION in the presence of: 4tfq4 441)LnU') I Witns� BY: JO ATTEST: ALICE E. SANTOS, Secretary STATE OF FLORIDA COUNTY OF PALM BEACH ANTOe, JR., President I HEREBY CERTIFY, that on this day personally appeared before me, an officer duly authorized in the County and State aforesaid to take acknowledgments, JOSEPH P. SANTOS, JR., President and ALICE E. SANTOS, Secretary of CAPE ANN DEVELOPMENT CORPORATON, a corporation existing under the laws of the State of Florida, to me known to be the individuals and officers of said corporation described in and who executed the foregoing instrument and they acknowledged the execution thereof to be their free act and deed as such officers thereunto duly authorized, that the official seal of said corporation is duly affixed thereto, and that the said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this �.5 day of SEPTEMBER, 1984. Prepared by and return to: Gary J. Nagle, Esquire Nagle & Miller 450 Australian Avenue, Suite 600 West Palm Beach, FL 33401 is eY'v My commission expires: (seal) No' STATE MY CO;,1M SSION EF:PUES ,'.UG 13 1936 6ONP_EP JHIW GENERAL INS_ UNDERWRITERS Policy No.: MP-592221 FUND MORTGAGEE FORM SCHEDULE A SF1i1 13, Effective Date:r 1984 at 7:00 P.M. Amount of Insurance:' S 120, 000.00 ember's File Reference: 1. Name of Insured: SUBURBAN BANK, and/or its successors and assigns R 937 2, The estate or interest in the land described in this Schedule and which is encumbered by the insured mortgage is a fee simple (if other, specify same) and is at the effective date hereof vested in: CAPE ANN DEVELOPMENT CORPORATION, a Florida Corporation 3. The land referred to in this policy is described as follows: Lot 13,.Block 38, VILLAGE OF NORTH PALM BEACH, PLAT NO. 3, -a subdivision of Palm Beach County, Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 25, page 175 and 176. 1 The mortgage, herein referred to as the insured mortgage, and the assignments thereof, if any, are described as follows:. Mortgage from Cape Ann Development Corporation dated July 2, 1984 and recorded July 6, 1984 in Official Record Book 4289, page 988, of the public records of Palm Beach County, Florida, said mortgage in favor of Suburban Bank and in the original sum of $110,000.00. ISSUED BY NAGLE & MILLER (Attorney or Firm of Attorneys) 7472 MEMBER NO. ATTORtJtf— ' MBER'S SI ATURE 450 Australian Avenue, Ste. 600 West Palm Beach (Mailing Address) (City) FUND Form rvi: —SCH. A (Rev. 1/77) (11/82 OSI 15M) Florida, 33401 (Zip) JOINDER BY MORTGAGEE COMES NOW the Mortgagee and sets forth that it hereby joins in and consents to the granting of the easement shown on Exhibit "A" attached hereto. SUBURBAN BANK By: d.1 WILLIAM SHORT, Vice President Subscribed before me this // d ay of 1984. a NOTA Y PUBLIC MY C MMISSION EXPIRES: (SEAL) NOTARY PUPLIC STATE OF FLORISA MT COMMISSION MIRES JUNE 27,1988