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HomeMy WebLinkAbout1996-065 Easement Deed with Seacoast Utilities• • RESOLUTION NO. 65-96 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO EXECUTE AND DELIVER AN EASEMENT DEED TO SEACOAST UTILITY AUTHORITY ATTACHED AS EXHIBIT "A" FOR THE PURPOSE OF THE AUTHORITY INSTALLING A SEWER MAIN TO BE SHARED BY THE VILLAGE'S OSBORNE PARK FACILITIES AND FIRST PRESBYTERIAN CHURCH OF NORTH PALM BEACH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the Easement Deed to Seacoast Utility Authority attached as Exhibit "A", which Easement Deed is for the purpose of the Authority installing a sewer main to be shared by the Village's Osborne Park facilities and First Presbyterian Church of North Palm Beach. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute and deliver the Basement Deed attached as Exhibit "A" to Seacoast Utility Authority for and on behalf of the Village of North Palm Beach. Section 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 24th DAY OF OCTOBER , 1996. (Village Seal) //—, ATTEST: MAYOR Village Clerk LARPT S. ALEXANDER CARL ANGELOFF M. TRADEY BIAGIOTTI CLAY O. BROOKER JOYCE A CONWAY MARGARET L. COOPER EDWARD DIAZ REBECCAO DOANE CHRISTOPHER 5. DUKE H. MICHAEL EASLEY SCOTT 0. HAW%INS THORNTON M HENRY PETER S. HOLTON MARK KLEINFELO 3ONES, FOSTER, JOHNSTON & STUBBS, P. ATTORNEYS AND COUNSELORS FLAGLER CENTER TOWER 505 SOUTH FLAGLER DRIVE ELEVENTH FLOOR WEST PALM BEACH, FLORIDA 33401 MICHAEL T. KRANZ JOHN BLAIR MCCRACKEN SCOT' L. MOMULLEN DAVIO PRATT JOHN O RANDOLPH STEVEN J. ROTHMAN PETER A. SACHS D. CULVER SMITH M SIDNEY A. STUBBS ALLEN T TOMLINSON JOHN S. TRIMPER BRIAN K. WAXMAN H. ADAMS WEAVER October 9, 1996 P. O. BOX 3475 WEST PALM BEACH. FLORIDA 33402-3475 (561) 659-3000 FAX: (561) 632-1454 WRITERS DIRECT LINE: VIA: FACSIMILE AND REGULAR U.S. MAIL HENRY F. LILIENTHAL 1902.1982 HARRY ALLISON JOHNSTON 15,5-1993 R. BRUCE JONES 1904.1988 PAUL O- WOLFE 1933 ,991 RETIRED WILLIAM A. FOSTER OF COUNSEL L. MARTIN FLANAGAN JACK A PUSCO Thomas Hogarth, P.E., Director of Public Services VILLAGE OF NORTH PALM BEACH 645 Prosperity Farms Road North Palm Beach, Florida 33408 RE: Easement/Seacoast Utility/Village of North Pahn Beach/First Presbyterian Church of North Palm Beach Dear Mr. Hogarth: As you are aware, there have been discussions concerning the prospect of the Village of North Palm Beach granting to Seacoast Utility Authority, an easement for purposes of locating a gravity sewer main. The gravity sewer main is necessitated by virtue of the construction which is presently ongoing at the First Presbyterian Church. It is my understanding that there have been ongoing discussions between representatives from. the Village and from the Church concerning the necessity of this easement. In order to expedite a consideration and resolution of this matter, I am herein enclosing a proposed easement to be executed by the Village of North Palm Beach. The easement sets forth the legal description and sketch describing that property which would be subject to the easement. The easement has been prepared in a form acceptable to Seacoast Utility Authority. It is my understanding that the Village 'of North Palm Beach shall present this to its Governing Board for purposes of obtaining authorization to grant the request for the easement. In order` to expedite the construction, I would request that you please give consideration to issuing a letter to Seacoast Utility Authority, indicating staffs recommendation to its Board that the requested easement be granted. Such a letter would D Thomas Hogarth, P.E., Director of Public Services VILLAGE OF NORTH PALM BEACH October 9, 1996 Page 2 facilitate the release by Seacoast of cun-ent plan approvals necessary to keep the construction ongoing. I will follow-up this letter with a telephone call and would ask that in the interim, if you have any questions, please contact me directly. By copy of this letter to Scott Serra, of Seacoast Utility Authority, I am advising him of this transmittal. Very truly yours, JONES, FOSTER, JOHNSTON & STUBBS, P.A. By: yi /4..rLa,,C Scott G. Haw Enclosure cc: Mr. Scott Serra Mr. Shannon Ginn GAUSERSIATIYISGH CHURCEHOGARTH.LEI\dac JONES. FOSTER, JOHNSTON & S T U B B S, P.A. RETURN 'PO: ueacw"t Verney Authoriey 4200 Rood Rood Palm 8aaela Cardona, Pt 33410 EASEMENT DEED THIS EASEMENT DEED made and entered info this day of 19 , between (hereinafter referred to as "Grantor") whose address is —iiefSPr6s'�nsicy rart�tcI;and Seacoast Utility Authority (hereinafter referred to as "Gib$lij tt`d`s li2bibtsis"42ob' H ood Road, I'alnt Beach Gardens, Florida, 33410. a" d W 1TN13SSETii: That Grantor, for and hi consideration of the suns of Ten Dollars ($10.00) in hand paid by the Grantee, the receipt of which is hereby acknowledged, does hereby grant to the Grantee, its successors and assigns, a perpetual utility easement which shall permit the Grantee to enter upon the property herein described at any time to install, operate. maintain and service water and sewer lines and appurtenant facilities in, on, over, under and across the easement premises. The easement hereby granted covers a parcel of land lying, situate and being in Palm Beach County, Florida, and being more particularly described as follows: SEE EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF Grantor hereby covenants with Grantee that it is lawfully seized and in possession of the real property herein described and that it has good and lawful right to grant the aforesaid easement free and clear of mortgages and other encumbrances. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal as of the date first above written. W IWESS: Signed, sealed and delivered in the pre$ence of: // .4ejm Witness Signatui #44 -i- Print me Al, lPL W' ass Sig ture A I hr—a+ R N Print Name GRANTOR: VILLAGE OF NORTti PALM BEACH 13v: Title 1? a r U4 Al45a. ,v Print Name /7.0- �jr� .i .i, . , ht1`//T.c/Aay� Title / O fgA73/L .t/ F,t&y Print Name •J Page I of 3 executed in its name this day of WITNESSES: Signed sealed and delivered in the presence of: Witness Signature Print Name Witness Signature Print Name STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this UA• /#4tt5 . _/A s CR and a s/e /O»7, who are personally known to me who did take an oath. OFFICIAL NOTARY SEAL 1 MELISSA A TEAL NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CCi01429 -, MY COMMISSION FIG'. JULY 13,1997 0240clay of ©(+.70JfK , 192.6 by , both * .J Notary Signature Print Name Notary Public - State of Florida Commission No: ed 5O/ya9 997 My Commission Expires: t' e7 /j MORTGAGEE JOINDER AND CONSENT: The undersigned Mortgagee does hereby join in and consent to the granting of this Utility Easement across the lands herein described, and agrees that its mortgage, which is recorded in Official Record Book , Page , of the Public Records of Palm Reach County, shall be subordinated to this Utility Easement. IN WITNESS WHEREOF, has caused these presents to be , 19_ By: Print Name Title: Page 2 of 3 ■III YEll STATE OF COUNTY OF by The foregoing instrument was acknowledged before me this day of who is personally known to me or who has produced as identification and who did — take an oath. ,19 WITNESS my hand and official seal in the County and State last aforesaid this day of , 19. Notary Signature Print Name Notary Public- State of Florida Commission No: My Commission Expires: Page 3 of 3 J & J REPROGRAPHICS 662670 EASEMENT DESCRIPTION: A STRIP OF LAND LYING IN SECTION 17, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1, BLOCK D, VILLAGE OF NORTH PALM BEACH PLAT NO. 4, AS RECORDED IN PLAT BOOK 25, PAGES 229 AND 230 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE RUN S01°57'23" W, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF PROSPERITY FARMS ROAD AS DESCRIBED IN OFFICIAL RECORD BOOK 6410, PAGE 1898, AS RECORDED IN SAID PUBLIC RECORDS, A DISTANCE OF 472 07 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED CENTERLINE OF A TWELVE (12) FOOT UTILITY EASEMENT (SIX (61 FEET ON EACH SIDE); THENCE N82°41'20" W, ALONG SAID CENTERLINE, A DISTANCE OF 137.38 FEET TO REFERENCE POINT "A"; THENCE CONTINUE N82°41'20"W, ALONG SAID CENTERLINE, A DISTANCE OF 135.21 FEET TO REFERENCE POINT "B"; THENCE CONTINUE N82°41'20" W, ALONG SAID CENTERLINE, A DISTANCE OF 69.54 FEET TO THE WESTERLY TERMINUS OF SAID EASEMENT; THENCE RETURNING TO REFERENCE POINT "A", RUN N04°53'59" E, A DISTANCE OF 23.81 FEET MORE OR LESS TO THE SOUTH LINE OF THE PARCEL OF LAND OWNED BY FIRST PRESBYTERIAN CHURCH OF NORTH PALM BEACH AND THE NORTHERLY TERMINUS POINT OF SAID EASEMENT; THENCE RETURNING TO REFERNCE POINT "B", RUN N01°57'23" E, A DISTANCE OF 12.00 FEET MORE OR LESS TO THE SOUTH LINE OF THE PARCEL OF LAND OWNED BY THE FIRST PRESBYTERIAN CHURCH OF NORTH PALM BEACH AND THE NORTHERLY TERMINUS POINT OF SAID EASEMENT. EASEMENT DESCRIPTION PREPARED FOR: FIRST PRESBYTERIAN NOTE: SEE SHEET 2 FOR SKETCH OF EASEMENT I HEREBY CERTIFY THAT THE DESCRIPTION & SKETCH HEREI N WAS PERFORMED UNDER MY SUPERVISION AND IT COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS, AS SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 61G17-6 OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, NOTE: This drawing is not valid without embossed seal of Surveyor. WeCHARD N. DEAN gisfered Surveyor & Mapper Florida Certificate No. 4406 EXHIBIT CHURCH OF NORTH PALM BEACH & VILLAGE OF NORTH PALM BEACH & SEACOAST UTIITIES ADDRESS' DEAN SURVEYINQ,.,,_. o< a DRAFTING THE MEASURING LINE SHALL GO FORTH - JER. 31:39 PO. BOX 10642 RIVIERA BEACH,FL. 33419 3970 R.0 A. BLVD. SUITE 7004, PALM BEACH GARDENS, FL . (407) 625-8748 Field Drawn Sheet 1 "An RND RND Date: 8/31/96 Scale,AS NOTED of 2 Job No 95-403 J i J REPROGRAPHICS 663610 P.easpER/ry rAteA19 APDAD Sa/1",5720"u/ ✓-172a7' aerd A SSLLyE27 reSal lemas f 9:36.39' .PEFfpP.4014` ego,Nr 11.4 - /./0/457'73 r S/8E' NOTE: SEE SHEET 1 FOR DESCRIPTION OF EASEMENT. SKETCH OF EASEMENT FOR: FIRST PRESBYTERIAN CHURCH No/-57 23'� I 1�QEF6;e.4wcf Poivr -a• 77 I3'I , tl DEAN,._ SURVEYING cz & DRAFTING THE MEASURING LINE SHALL GO FORTH - JER. 31,39 P.O. BOX 10642 RIVIERA BEACH, FL. 33419 3970 R.0 A. BLVD. SUITE 7004, PALM BEACH GARDENS , FL. (407) 625-8748 Field RND Drawn: RND Sheet 2 of 2 Date' 8/31/96 Scale: 1 "=40' Job No: 95-403 i