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HomeMy WebLinkAbout1999-049 Drainage Easement Granted to NPB by WCI• FLORIDA: SOLUTION NO. 49-99 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AND ACCEPTING THE GRANT FROM WCI COMMUNITIES, INC., OF A PERPETUAL NON-EXCLUSIVE DRAINAGE, INGRESS AND EGRESS EASEMENT FOR THE PURPOSE OF DRAINING AND DISCHARGING SURFACE WATERS AND INGRESS AND EGRESS OVER, ACROSS AND UPON THE LANDS DESCRIBED IN THE GRANT OF EASEMENT ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, Section 1 The Village Council of the Village of North Palm Beach, Florida, does hereby approve and accept the grant from WCI Communities of a perpetual non-exclusive drainage, ingress and egress easement for the purpose of draining and discharging surface waters and ingress and egress over, across and upon the lands described in the Grant of Easement attached as Exhibit Section 2 This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 26th DAY OF AI in' (Village Seal) ATTE • , 1999. TIIIS INSTRUMENT PREPARED BY' ELEANOR W. TAFT. ESQUIRE RECORD AND RETURN TO ROBERTN DEFORD WCI COMMUNITIES, INC 3300 UNIVERSITY DRIVE CORAL SPRINGS. FLORIDA 33065 PROPERTY CON /ROL NO. 68 43 42 08 00 000 1020 GRANT OF EASEMENT THIS GRANT OF EASEMENT, made this 1'44 day of A UGUST , 1999, by WCI COMMUNITIES, INC., a Delaware corporation, successor by merger of WCI Communities Limited Partnership into Florida Design Communities, Inc., a Delaware corporation, having a place of business at 3300 University Drive, Coral Springs, Florida 33065 (hereinafter called "GRANTOR") to VILLAGE OF NORTH PALM BEACH, a local unit of special government and public corporation of the State of Florida whose post office address is 501 U. S. Highway One, North Palm Beach, Florida 33408 (hereinafter called "GRANTEE"). WITNESSETH: WHEREAS, GRANTOR is the owner of the land described on Exhibit "A" (the "GRANTOR LAND") affixed hereto and made a part hereof by reference as if fully set forth hereat; and WHEREAS, GRANTEE is the owner of the land described on Exhibit "B" (the "GRANTEE LAND") affixed hereto and made a part hereof by reference as if fully set forth hereat, and WHEREAS, GRANTEE, its successors and assigns, have need for a drainage easement over, under, across and through the GRANTOR LAND; and WHEREAS, GRANTOR is willing to grant a non-exclusive drainage easement to GRANTEE. NOW, THEREFORE, in consideration of the sum of TEN DOLLARS (S10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by GRANTOR, the undersigned, GRANTOR does hereby grant unto GRANTEE, its successors and assigns, and all subsequent owners of the GRANTEE LAND and any portion thereof, a perpetual non-exclusive drainage, ingress and egress easement (the "EASEMENT") for the purpose of draining and discharging surface waters and ingress and egress over, under, across and upon the land described on Exhibit "A". GRANTEE by acceptance of this EASEMENT agrees for itself, its successors and assigns, to comply with applicable local, state and federal water quality standards for stormwater drainage discharge over, upon, under or through GRANTOR LAND and agrees to remedy any violations thereof. GRANTEE by acceptance of this EASEMENT, agrees for itself, its successors and assigns, to repair and/or replace any roadway, sidewalks, landscaping or other areas which it may disturb, damage or destroy by exercising its rights herein on, upon, or under the GRANTOR LAND. GRANTEE further agrees not to interfere, at any time, with the right of ingress or egress of GRANTOR, its successors or assigns, or any other party requiring access to any of the GRANTOR LAND. SUBJECT TO easements, restrictions, covenants, conditions, limitations and reservations of record, if any. THIS EASEMENT and Covenants contained herein, including all benefits and burdens, are not personal, but shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and their transferees, successors and assigns. 1 of 2 TO HAVE AND TO HOLD the EASEMENT hereby granted unto said GRANTEE, its successors and assigns, so long as this easement is used for the purposes stated herein (and for no other purpose). IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed in its name, by its undersigned duly authorized officers and corporate seal duly affixed hereto, the day and year first above written. Print Name: RoPERT N. e�oryD STATE OF FLORIDA ) ) ss: COUNTY OF BROWARD ) GRANTOR: WC1 COMMUNITIES, INC., a Delaware corporation By: Armand. 1. G nags Senior Vice resident Address: 3300 University Drive Coral Springs, FL 33065 The foregoing instrument was acknowledged before me this 17th day of August , 1999 by ARMANDO J. OOENAOA, Senior Vice President of WCI COMMUNITIES INC., a Delaware corporation, on behalf of the corporation. He is personally known to me. My Commission Expires: 7/12/2001 1IIIPATRIC A M CRAIG L NOTARY FLORIDA COAIMSS ON NO CC657075 MY COMMISSION EXP.1ULY 122001 2of2 �'ttitN m• ritn,,y Notary Public Patricia M. Craig Commission No. CC657975 [Notary Seal] LEGAL DESCRIPTION: A parcel of land situate in Section 8, Township 42 South Range 43 Eost, Palm Beach County, Florida, being more particularly described os follows: Commencing of the southeast corner of the Plot of SANCTUARY COVE os recorded in Plot Book 75, pages 550 and 151, Public Records of Polm Beach County Florido: thence olong the easterly prolongation of the South line of said Plot S88 25'28"E for 21.59 feet to the northwest corner of that droinoge easement described In OfficialRecord Book 9697, poge 1546, Public Records of Palm Beoch County, Florida and the POINT OF BEGINNING; thence N01. 34'32"E for 40.00 feet to o point 40.00 feet North of, os measured at right angles to. the South line of said Plot of SANCTUARY COVE; thence along a line porollel to said South line S88' 25'28"E for 21.07 feet to a point on o curve concave to the Eost, hoving o radius of 505.00 feet and from which a rodiailine bears N87. 00'40"E; thence northerly along the ore of sold curve, through a central angle of 05. 17'16", for 46.61 feet to a point on line 40.00 feet East of, os measured of right angles to, the East line of the said Plot of SANCTUARY COVE: thence parallel to said East line NO2' 17'56"E for 468.39 feet to o point of curvature of o curve concave to the southeast, having a radius of 95.00 feet: thence northeasterly olong the arc of said curve, through a central angle of 89' 12'04", for 147.90 feet to o point on o line 40,00 feet South of the North line of the South half of the North half of the north- east quorter of said Section 8: thence porallel to soid North line S88. 30'00"E for 1003.95 feet to o point on the westerly right-of-way line of the INTRACOASTAL WATERWAY os recorded in Plot Book 17, page 10, Public Records of Palm Beach County, Florida; thence olong said westerly right-of-way line S23'01'01"E for 87.93 feel to a point on a line 120.00 feet South of, as measured of right ongles to, the sold North line of the South half of the North half of the northeast quarter of Section 8; thence deporting said westerly right-of-way line and porollel with said North line N88' 30'00"W for 1038.37 feet; thence 546.53'58"W for 24.00 feet to a point on o line 120.00 feet Eost of, os measured of right angles to, the Eost line of said Plat of SANCTUARY COVE; thence parallel to sold East line 502' 17'56"W for 466.33 feet to o point of curvature of o curve concave to the East having o radius of 425.00 feet; thence southerly along the arc of soid curve, through o central angle of 10•13'06", for 75.80 feet; thence 507'55'10"E for 65.57 feet to a point of curvoture of o curve concave to the West having o radius of 230.00 feet; thence southerly along the arc of said curve, through a centralongle of 34.47'49",for 139.68 feet; thence S26' 52'39"W for 514.25 feet: thence N63' 07 21"W for 44.76 feet to 0 point of curvature of o curve concave to the southwest hoving o radius of 337.00 feet; thence northwesterly along the orc of said curve. through a central angle of 06.00'09", for 35.30 feet to o non - tangent line; thence N26 52'39"E for 516.10 feet to o point of curvature of a curve concave to the West hoving o radius of 150.00 feet: thence northerly along the arc of said curve, through a central angle of 34' 47'49", for 91.10 feet; thence N07.55'10"W for 65.57 feel to a point of curvoture of o curve concave to the Eost having o rodius of 505.00 feet: thence northerly along the arc of sold curve, through o centrof ongle of 02.39'00", for 23.36 feet to o point on the North line of the South half of the northeast quorter of said Section 8: thence along said North line N88. 25'28"W for 3.07 feet: thence 501. 34'32"W for 20.00 feet to the northeast corner of the aforesoid drainage easement and o point on the soid easterly prolongation of the south line of the Plot of SANCTUARY COVE; thence along said easterly prolongation N88' 25'28"W for 20.00 feet to the POINT OF BEGINNING. Containing in o11189,305 square feet or 4.346 acres, more or less. SURVEYOR'S NOTE'S: 1. THIS DRAWING IS NOT A SURVEY. 2. N0 SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 3 THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID -UNLESS BOTH ACCOMPANY EACH OTHER. 4. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY LIDBERG LAND SURVEYING, INC. 5. DATE OF LECAI. DESCRIPTION: JUNE 15, 1998 LID13ER6 LAND SURVEYING, INC. RICHARD J. WILKIE PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE N0. 5327 LIDBERG LAND IFLO. SURVEYING INC. TOFF. LB4431 R.W. 675 West Indiontown Rood. SUITE 200. Jupiter. Florida 33458 IOW. TEL. 561-746-8454 VC1- DESCRIPTION & SKETCH FOR: WCI COMMUNITIES. INC. (DRAINAGE EASEMENT FROM) (THE COMMUNITY CENTER TO) (TRACT "0", HARBOUR ISLES) JOB FB. PG. 96-594003G1 - - DATE DWG. 06/l5/96 A%-594P REF. SHEET OF 96594303Nms/ / 2 Exhibit "A" CNORTHEAST CORNER OF SANCTUARY COVE NORTH LINE - SOUTH HALF - NORTH HALF - NORTHEAST -1 QUARTER - SECTION 6 - TOWNSHIP 42 SOUTH - RANGE 43 EAST S23. 0101"E IS 90p0a•' S88.30100"E 1003.95' 1 aJgl S23' 01'01"E .ro 88 120' NYS Mto co fD m CO r a 10to ST V. im 6 W m 130 N ID 1i- 80' -(`.. N o ai L •48 81' x 43.96' N88.30100"W 1038.37' it `S46.53'58"W 24.00' A 005.17'18" • R • 505.00' fF rgN/DETAIL "Al wl ,� H87•00'450"E (R.B.) - L 75.B0' too 50 0 WESTERLY RIGHT-OF-WAY — LINE OF THE INTRACOASTAL. WATERWAY PER (P.O. 17, PAGE 10) S8L •23.38' S88. 25'28"E _� _A • 02.39'00" 21.59' \ R • 505.00' P.O.B. `-S07. 55'10"E N07. 55'10"W m• - 65.57' 65.57' tom 0 L-°� :ftNq A •34344747'49" q• ; R 150.00' VV y N63. 07'21"N 44.76' L-35.30' A •08.00'09" R • 337.00' LIDBERG LAND SURVEYING INC. LB4431 675 West Indiontown Rood. SUITE 200. Jupiter. Flor ido 33458 TEL. 561-746-8454 100 GRAPHIC SCALE IN FEET NORTH LINE - SOUTH HALF - NORTHEAST QUARTER SECTION 8 - TOWNSHIP 42 RANCE 43 EAST NO1. 3 41 00 —...' 20' DRNNAGE EASEMENT (0.R.B. 9697, PAGE 1546) P.O.B. IDETAIL "A"J S68.25'26"E 21.07' N 8''25.28"W to SOP 34'32"W 20.00' N88.25'28"W 20.00' ABBREVIATIONS% O.R.B. • OFFICIAL RECORD BOOK P.O.B. • POINT OF BEGINNING P.O.C. • POINT OF COMMENCEMENT R.B. - RADIAL BEARING FLO. JOB FB. PC• _ %-59-W XJG) — — OFF. OATS DWG. AW. 06/15/98 A%-594P CKO. REF. SHEET OF O.CL 96594JO541ms) 2 2 • • LANDS OF THE VILLAGE OF NORTH PALM BEACH A parcel of land situate in Section 8, Township 42 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Commencing at the southeast corner of the Plat Of SANCTUARY COVE, as recorded in Plat Book 75, pages 150 and 151, public records of Palm Beach , Florida; thence along the easterly prolongation of the South line of said Plat, South 88°25'28" East for 47.46 feet to a point on a curve concave to the East, having a radius of 505.00 feet and from which a radial line bears North 82°26'20" East; thence southerly along the arc of said curve, through a central angle of 00°21'30", for 3.16 feet; thence South 07°55'10" East for 65.57 feet to a point of curvature of a curve concave to the West, having a radius of 150.00 feet; thence southerly along the arc of said curve. through a central angle of 34°47'49", for 91.10 feet; thence South 26°52'39" West for 456.64 feet; thence North 88°10'34" West for 209.15 feet to a point on the East line of a parcel of land described in Official Records Book 3442, Page 1431, public records of Palm Beach County, Florida; thence along said East line North 26°42'48" East for 628.05 feet to a point on the aforesaid South line of the Plat of SANCTUARY COVE; thence along said South line, South 88°25'28" East for 91.06 feet to the POINT OF BEGINNING. TOGETHER WITH: A parcel of land in the Northeast Quarter of Section 8, Township 42 South, Range 43 East , Palm Beach County, Florida, being more particularly described as follows: Commencing at the Southwest corner of said Northeast Quarter; thence South 89°46'53" East, along the South line of said Northeast Quarter, (the South line of said Northeast Quarter is assumed to bear South 89°46'53" East and all other bearings are relative thereto) a distance of 105.0 feet to a point on the East Right -of -Way line of Prosperity Farms Road; thence North 00°35'37" East along said East Right -of-Way line, a distance of 729.74 feet to the POINT OF BEGINNING of the hereinafter described parcel; thence continue North 00°35'37" East along said East Right -of -Way line a distance of 584.55 feet to a point on a line 20.0 feet South of, when measured at right angles to, and parallel with the North line of the Southwest Quarter of the Northeast Quarter of said Section 8; thence South 89°58'27" East, along said parallel line, a distance of 876.61 feet to a point; thence South 25°12'I5" West parallel to the West Right -of - Way line of the North Palm Beach Waterway as shown on the Plat of GOLF COURSE ADDITION NO. 2, VILLAGE OF NORTH PALM BEACH, as recorded in Plat Book 28, Page 67, Public Records of Palm Beach County, Florida, a distance of 652.51 feet to a point on the Easterly prolongation of the North Right -of -Way line of Burns Road, as described in Official Record Book 1241, Pages 259 and 260, Public Records of Palm Beach County, Florida; thence North 89°24'23" West, along said prolongation a distance of 604.83 feet to a point on said East Right -of Way line of Prosperity Farms Road and the POINT OF BEGINNING. Exhibit'B" • CONSENT OF MORTGAGEE Regarding Grant of Easement Village of North Palm Beach — Harbour Isles Project KNOWN ALL MEN BY THESE PRESENTS: BANKBOSTON, N.A., as agent for the Banks, Mortgagee in that certain Consolidated, Amended and Restated Mortgage and Security Agreement and Notice of Future Advance dated as of June 29, 1999 and recorded in Official Records Book 29652, Page 0027, of the Public Records of Broward County, Florida (the "Mortgage"), which Mortgage constitutes a lien upon the real property described in the foregoing Easement (the "Easement'), hereby consents to WCI Communities, Inc., a Delaware corporation, granting the foregoing Grant of Easement to the Village of North Palm Beach and agrees that the lien and encumbrance of the Mortgage shall be subordinate to the Easement. The subordination set forth herein is limited strictly to the rights created by the easement in favor of the Village of North Palm Beach, its successors and assigns and this subordination shall not constitute a subordination to the rights of any other person or entity that holds any interest in the Easement property. Dated this /1' day of �oIwrw1 . 1999. 0 Witnesses: BANKBOSTON, N.A., a national banking association, as Agent Printed Name: /_t�l.2e Printed Name:pttac ,U. ('9/((145 STATE OF GEORGIA COUNTY OF Th l W I? By: /J ��;;iE'�Gv7� Printed Name: >*tutN // £4 Its: r7 irtc.Jor The foregoing instrument was acknowledged before me this // day of is u q t t 5 T , 1999 by S?i) VEA) ✓! r} 6� ►re 0 as Ai 2 et ("Mt of BankBostori N.A., who is personally known to me or who produced as identification. lOPPTOIAtiNOTAMEA. Cheryl Geoffrion Notary Public State of Georgia My Commission Exp. April 30, 2000 • 1.egalkwt\harboucislcs\ConsntMtg-BB Notary Publi Printed Name of Notary Public Page l of 1 V THIS INSTRUMENT PREPARED BY: ELEANOR W. TAFT, ESQUIREi�A //vol 1 . / roU�:,,:\xr9Ira'.E• Village Clerk V WZ.41 c✓ Z:T[11Wnra Village of NPB 3300 UNIVERSITY DRIVE 501 U.S. 1 -C jA a 4111117i/YFIV''r 611-44c NPB FL 33408 3300 University Drive, Coral Springs, FL 33065 PROPERTY CONTROL NO. 8 43 42 08 00 000 1020 GRANT OF EASEMENT THIS GRANT OF EASEMENT, made this 1141 day of A u&UST , 1999, by WCI COMMUNITIES, INC., a Delaware corporation, successor by merger of WCI Communities Limited Partnership into Florida Design Communities, Inc., a Delaware corporation, having a place of business at 3300 University Drive, Coral Springs, Florida 33065 (hereinafter called "GRANTOR") to VILLAGE OF NORTH PALM BEACH, a local unit of special government and public corporation of the State of Florida whose post office address is 501 U. S. Highway One, North Palm Beach, Florida 33408 (hereinafter called "GRANTEE"). WITNESSETH: WHEREAS, GRANTOR is the owner of the land described on Exhibit "A" (the "GRANTOR LAND") affixed hereto and made a part hereof by reference as if fully set forth hereat; and WHEREAS, GRANTEE is the owner of the land described on Exhibit "B" (the "GRANTEE LAND") affixed hereto and made a part hereof by reference as if fully set forth hereat, and WHEREAS, GRANTEE, its successors and assigns, have need for a drainage easement over, under, across and through the GRANTOR LAND; and WHEREAS, GRANTOR is willing to grant a non-exclusive drainage easement to GRANTEE. NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by GRANTOR, the undersigned, GRANTOR does hereby grant unto GRANTEE, its successors and assigns, and all subsequent owners of the GRANTEE LAND and any portion thereof, a perpetual non-exclusive drainage, ingress and egress easement (the "EASEMENT") for the purpose of draining and discharging surface waters and ingress and egress over, under, across and upon the land described on Exhibit "A". GRANTEE by acceptance of this EASEMENT agrees for itself, its successors and assigns, to comply with applicable local, state and federal water quality standards for stormwater drainage discharge over, upon, under or through GRANTOR LAND and agrees to remedy any violations thereof. GRANTEE by acceptance of this EASEMENT, agrees for itself, its successors and assigns, to repair and/or replace any roadway, sidewalks, landscaping or other areas which it may disturb, damage or destroy by exercising its rights herein on, upon, or under the GRANTOR LAND. GRANTEE further agrees not to interfere, at any time, with the right of ingress or egress of GRANTOR, its successors or assigns, or any other party requiring access to any of the GRANTOR LAND. SUBJECT TO easements, restrictions, covenants, conditions, limitations and reservations of record, if any. THIS EASEMENT and Covenants contained herein, including all benefits and burdens, are not personal, but shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and their transferees, successors and assigns. 1 of 2 Sep-10-1999 02:30ps 99-369564 1111111 li 111111 MI 1111 li 11 i1111111 N iu Iai Nov-30-1999 10:57as 99-471 122 (1): ORB 1 14-77 Pg 771 19 1111111111111110III 111111111111111111II III II III I iII1 O5 " D 7 o c o VPS �0 ORB 1 1342 Pg 1 513 ORB 11477 Pg 772 TO HAVE AND TO HOLD the EASEMENT hereby granted unto said GRANTEE, its successors and assigns, so long as this easement is used for the purposes stated herein (and for no other purpose). IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed in its name, by its undersigned duly authorized officers and corporate seal duly affixed hereto, the day and year first above written. lair _ Print Name: EL2l E M C-C Print RoBERi N. Po Print Name: RoBERT N. 6 Port STATE OF FLORIDA ) ) ss: COUNTY OF BROWARD ) GRANTOR: WCI COMMUNITIES, INC., a Delaware corporation Bv: Address: 271 ArmanJ. G naga Senior Vice resident 3300 University Drive Coral Springs, FL 33065 The foregoing instrument was acknowledged before me this 17th day of August , 1999 by ARMANDO J. GOENAGA, Senior Vice President of WCI COMMUNITIES INC., a Delaware corporation, on behalf of the corporation. He is personally known to me. My Commission Expires: 7/12/2001 OFFICIAL NOTARY SEAL PATRICIA M CRMG NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC657975 MY COMMISSION EXP. LY 12,2001 2 of 2 6Q MU OJ m ' CA.ak� Notary Public Patricia M. Craig Commission No. CC657975 [Notary Seal] ORB 1 1 342 Pg 1 S59 ORB 11477 Pq_ 773 LEGAL DESCRIPTION: A parcel of land situate in Section 8, Township 42 South Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Commencing of the southeast corner of the Plat of SANCTUARY COVE as recorded in Plat Book 75, pages 150 and 151, Public Records of Palm Beach County, Florida; thence along the easterly prolongation of the South line of said Plat S88° 25'28"E for 21.59 feet to the northwest corner of that drainage easement described in Official Record Book 9697, page 1546, Public Records of Palm Beach County, Florida and the POINT OF BEGINNING; thence N01° 34'32"E for 40.00 feet to a point 40.00 feet North of, as measured at right angles to, the South line of said Plat of SANCTUARY COVE; thence along a line parallel to said South line S88° 25'28"E for 21.07 feet to a point on a curve concave to the East, having a radius of 505.00 feet and from which a radial line bears N87° 00'40"E; thence northerly along the arc of said curve, through a central angle of 05° 17'16", for 46.61 feet to a point on a line 40.00 feet East of, as measured at right angles to, the East line of the said Plat of SANCTUARY COVE; thence parallel to said East line NO2° 17'56"E for 468.39 feet to a point of curvature of a curve concave to the southeast, having a radius of 95.00 feet; thence northeasterly along the arc of said curve, through a central angle of 89° 12'04", for 147.90 feet to a point on a line 40.00 feet South of the North line of the South half of the North half of the north- east quarter of said Section 8; thence parallel to said North line S88° 30'00"E for 1003.95 feet to a point on the westerly right-of-way line of the INTRACOASTAL WATERWAY as recorded in Plat Book 17, page 10, Public Records of Palm Beach County, Florida; thence along said westerly right-of-way line S23° 01'01"E for 87.93 feet to a point on a line 120.00 feet South of, as measured at right angles to, the said North lineof the South half of the North half of the northeast quarter of Section 8; thence departing said westerly right-of-way line and parallel with said North line N88° 30'00"W for 1038.37 feet; thence S46° 53'58"W for 24.00 feet to a point on a line 120.00 feet East of, as measured at right angles to, the East line of said Plat of SANCTUARY COVE; thence parallel to said East line S02° 17'56"W for 466.33 feet to a point of curvature of a curve concave to the East having a radius of 425.00 feet; thence southerly along the arc of said curve, through a central angle of 10° 13'06", for 75.80 feet; thence S07° 55'10"E for 65.57 feet to a point of curvature of a curve concave to the West having a radius of 230.00 feet; thence southerly along the arc of said curve, through a central angle of 34° 47'49", for 139.68 feet; thence S26° 52'39"W for 514.25 feet; thence N63° 07 21"W for 44.76 feet to a point of curvature of a curve concave to the southwest having a radius of 337.00 feet; thence northwesterly along the arc of said curve, through a central angle of 06° 00'09", for 35.30 feet to a non - tangent line; thence N26° 52'39"E for 516.10 feet to a point of curvature of a curve concave to the West having a radius of 150.00 feet; thence northerly along the arc of said curve, through a central angle of 34° 47'49", for 91.10 feet; thence N07° 5510"W for 65.57 feet to a point of curvature of a curve concave to the East having a radius of 505.00 feet; thence northerly along the arc of said curve, through a central angle of 02° 39'00", for 23.36 feet to a point on the North line of the South half of the northeast quarter of said Section 8; thence along said North line N88° 25'28"W for 3.07 feet; thence S01° 34'32"W for 20.00 feet to the northeast corner of the aforesaid drainage easement and a point on the said easterly prolongation of the south line of the Plat of SANCTUARY COVE; thence along said easterly prolongation N88° 25'28"W for 20.00 feet to the POINT OF BEGINNING. Containing in all 189,305 square feet or 4.346 acres, more or less. SURVEYOR'S NOTE'S: 1. THIS DRAWING IS NOT A SURVEY. 2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 3 THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER. 4. THIS LEGAL DESCRIPTION IS. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY LIDBERG LAND SURVEYING, INC. 5. DATE OF LEGAL DESCRIPTION: JUNE 15, 1998 LIDBERG LAND SURVEYING, INC. RICHARD J. WILKIE PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5327 LIDBERG LAND SURVEYING INC. LB4431 675 West Indiantown Rood. SUITE 200. Jupiter. Florida 33458 TEL. 561-746-8454 DESCRIPTION & SKETCH FOR: WCI COMMUNITIES, INC. (DRAINAGE EASEMENT FROM) (THE COMMUNITY CENTER TO) (TRACT "0", HARBOUR ISLES) FLD. JOB FB. PG. 96-594(303G) OFF. DATE DWG. R.W. 06/(5/98 496-594P CKD. REF. SHEET OF D.CL 96594303A(ms) / 2 Exhibit "A" ORB 11342 Pg 1560 ORB 11477 Pg 774 NORTHEAST CORNER OF SANCTUARY COVE 90p' el • O cbe 1k • • 00 0 uO 120' Q 40' zd,n cn m El?co r a z w W Zw0 Z0 i- _ • 80' nor o0pd ° oar w Z "' atw0 ! o! `t S88° 25'28"E 21.59' P.O.B. N07° 55'10"W 65.57' L-91.10'� A-34°47'49" R - 150.00' S02° 17'56"W NORTH LINE - SOUTH HALF NORTH HALF - NORTHEAST QUARTER - SECTION 8 - TOWNSHIP 42 SOUTH - RANGE 43 EAST 0 N 523° 01'01"E-- 43.96' S88° 30'00"E 1003.95' A _1 o co �tI S23° 01'01"E 87.93' N8Ei° 30'00"W 1038.37' S46° 53'58"W 24.00' L-46.61' A -05°17'16" R - 505.00' SEE DETAIL "A N67° 00'40"E (R.B.) WESTERLY RIGHT-OF-WAY - LINE OF THE INTRACOASTAL WATERWAY PER (P.B. 17, PAGE 10) L-75.80' 100 50 0 100 - -10 ° 13 ' 06" R - 425.00' GRAPHIC SCALE 1N FEET L-23.36' A-02°39'00" R - 505.00' S07° 55'10"E NORTH LINE - SOUTH HALF 65.57' - NORTHEAST ER SECTION 8 - TOWNSHIP 42 RANGE 43 EAST N01° 34'32"E 40.00' 20'DRAINAGE EASEMENT (0.R.B. 9697, PAGE 1546) c/ N63° 07'21"W 44.76' L-35.30' A-06°00'09" R - 337.00' LIDBERG LAND SURVEYING INC. LB4431 675 West Indiantown Road. SUITE 200. Jupiter. Florida 33458 TEL. 561-746-8454 P.0.8. S88° 25'28"E 21.07' N88° 25'28"W 3.07' S01° 34'32"W 20.00' -N88° 25'28"W 20.00' I DETAIL "A" I ABBREVIATIONS, O.R.B. - OFFICIAL RECORD BOOK P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT R.B. - RADIAL BEARING FLO. JOB FB. PG. 96-594(303G) — ___ OFF. DATE DWG. R.W. 06/15/98 A96-594P CK0. REF. SHEET OF D.GL 96594303A(ms) 2 2 ORB 1 1342 Pg 15& 1 ORB 1 1477 Pg 775 LANDS OF THE VILLAGE OF NORTH PALM BEACH A parcel of land situate in Section 8, Township 42 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Commencing at the southeast corner of the Plat Of SANCTUARY COVE, as recorded in Plat Book 75, pages 150 and 151, public records of Palm Beach , Florida; thence along the easterly prolongation of the South line of said Plat, South 88°25'28" East for 47.46 feet to a point on a curve concave to the East, having a radius of 505.00 feet and from which a radial line bears North 82°26'20" East; thence southerly along the arc of said curve, through a central angle of 00°21'30", for 3.16 feet; thence South 07°55'10" East for 65.57 feet to a point of curvature of a curve concave to the West, having a radius of 150.00 feet; thence southerly along the arc of said curve, through a central angle of 34°47'49", for 91.10 feet; thence South 26°52'39" West for 456.64 feet; thence North 88°10'34" West for 209.15 feet to a point on the East line of a parcel of land described in Official Records Book 3442, Page 1431, public records of Palm Beach County, Florida; thence along said East line North 26°42'48" East for 628.05 feet to a point on the aforesaid South line of the Plat of SANCTUARY COVE; thence along said South line, South 88°25'28" East for 91.06 feet to the POINT OF BEGINNING. TOGETHER WITH: A parcel of land in the Northeast Quarter of Section 8, Township 42 South, Range 43 East , Palm Beach County, Florida, being more particularly described as follows: Commencing at the Southwest corner of said Northeast Quarter; thence South 89°46'53" East, along the South line of said Northeast Quarter, (the South line of said Northeast Quarter is assumed to bear South 89°46'53" East and all other bearings are relative thereto) a distance of 105.0 feet to a point on the East Right -of -Way line of Prosperity Farms Road; thence North 00°35'37" East along said East Right -of-Way line, a distance of 729.74 feet to the POINT OF BEGINNING of the hereinafter described parcel; thence continue North 00°35'37" East along said East Right -of -Way line a distance of 584.55 feet to a point on a line 20.0 feet South of, when measured at right angles to, and parallel with the North line of the Southwest Quarter of the Northeast Quarter of said Section 8; thence South 89°58'27" East, along said parallel line, a distance of 876.61 feet to a point; thence South 25°12'15" West parallel to the West Right -of - Way line of the North Palm Beach Waterway as shown on the Plat of GOLF COURSE ADDITION NO. 2, VILLAGE OF NORTH PALM BEACH, as recorded in Plat Book 28, Page 67, Public Records of Palm Beach County, Florida, a distance of 652.51 feet to a point on the Easterly prolongation of the North Right -of -Way line of Burns Road, as described in Official Record Book 1241, Pages 259 and 260, Public Records of Palm Beach County, Florida; thence North 89°24'23" West, along said prolongation a distance of 604.83 feet to a point on said East Right -of Way line of Prosperity Farms Road and the POINT OF BEGINNING. Exhibit "B" ORB 1134$ Pg 15r62 DOROTHY H. WILKEN, CLERK PB COUNTY, FL ORB 1 1477 Pg 776 CONSENT OF MORTGAGEE Regarding Grant of Easement Village of North Palm Beach - Harbour Isles Project KNOWN ALL MEN BY THESE PRESENTS: BANKBOSTON, N.A., as agent for the Banks, Mortgagee in that certain Consolidated, Amended and Restated Mortgage and Security Agreement and Notice of Future Advance dated as of June 29, 1999 and recorded in Official Records Book 29652, Page 0027, of the Public Records of Broward County, Florida (the "Mortgage"), which Mortgage constitutes a lien upon the real property described in the foregoing Easement (the "Easement"), hereby consents to WCI Communities, Inc., a Delaware corporation, granting the foregoing Grant of Easement to the Village of North Palm Beach and agrees that the lien and encumbrance of the Mortgage shall be subordinate to the Easement. The subordination set forth herein is limited strictly to the rights created by the easement in favor of the Village of North Palm Beach, its successors and assigns and this subordination shall not constitute a subordination to the rights of any other person or entity that holds any interest in the Easement property. Dated this / 1 day of /`liCquJ' , 1999. U Witnesses: Printed Name: /.2'.4z-z-^..e-r/� / Pik /% _(aA,ce Printed Name: A- ye& /it PA/ '43 STATE OF GEORGIA COUNTY OF a eh/a k/65 By: BANKBOSTON, N.A., a national banking association, as Agent /f41111— Printed Name: t-) t{. ,e,ti n JE�40 Its: r0 i rec'fo►r The foregoing instrument was acknowledged before me this // - day of Yj it 5 T , 1999 by &t A) t2 ,EEL 13 5 as 7:./ l2 EC (1v12 of BankBoston, N.A., who is personally known to me or who produced as identification. Cheryl Geoffrion Notary Public State of Georgia My Commission Exp. April 30, 2000 Legal \ewt\harbouri sles\ConsntMtg-BB Notary Pu s li Printed Name of Notary Public Page 1 of 1 ORB 1 1477 Pg 777 DOROTHY H. WILKEN, CLERK PB COUNTY, FL CONSENT OF MORTGAGEE Regarding Grant of Easement Village of North Palm Beach — Harbour Isles Project KNOWN ALL MEN BY THESE PRESENTS: BANKBOSTON, N.A., as agent for the Banks, Mortgagee in that certain Consolidated, Amended and Restated Mortgage and Security Agreement and Notice of Future Advance dated as of June 29, 1999 and recorded in Official Records Book 11217, at Page 119, of the Public Records of Palm Beach County, Florida (the "Mortgage"), which Mortgage constitutes a lien upon the real property described in the foregoing Easement (the "Easement"), hereby consents to WCI Communities, Inc., a Delaware corporation, granting the foregoing Grant of Easement to the Village of North Palm Beach and agrees that the lien and encumbrance of the Mortgage shall be subordinate to the Easement. The subordination set forth herein is limited strictly to the rights created by the easement in favor of the Village of North Palm Beach, its successors and assigns and this subordination shall not constitute a subordination to the rights of any other person or entity that holds any interest in the Easement property. Dated this /9 day of ach 6W , 1999. Witnesses: BANKBOSTON, N.A., a national banking association, as Agent /L1d i Printed Name: A(// /V Ce i ._ S�IHS a Printed Name: /a , ; ! 1, I S By: Printed Name: Its: D STATE OF GEORGIA COUNTY OF b-ia'I. 6 I / he foregoing instrument was acknowledged before me this day of ��1 U(C� ei- , 1999 by o5i p ,,...„.,--1_ /2) as 0/ /er✓C TM_ of BankBoston, N.A., who is personally known to me or who produced Cheryl Geoffrion Notary Public State of Georgia My Commission Exp. April 30, 2C00 Legal\ewtlharbourisles\ConsntMtg-BB as identification. Printed Name of Notary Public Page 1 of 1