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HomeMy WebLinkAbout1999-062 Seacoast Property at Anchorage Park• • RESOLUTION NO. 62-99 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT WITH SEACOAST UTILITY AUTHORITY AND EXHIBITS ATTACHED THERETO, WHICH AGREEMENT WITH EXHIBITS IS ATTACHED TO THIS RESOLUTION AS COMPOSITE EXHIBIT "A", AND PROVIDES FOR THE QUIT -CLAIM AND CONVEYANCE FROM SEACOAST UTILITY AUTHORITY TO THE VILLAGE OF NORTH PALM BEACH OF CERTAIN REAL PROPERTY KNOWN AS ANCHORAGE PARK AND MORE PARTICULARLY DESCRIBED IN THE EXHIBITS TO THE AGREEMENT; PROVIDING FOR THE GRANT BY THE VILLAGE OF NORTH PALM BEACH OF PERPETUAL UTILITY EASEMENTS TO SEACOAST UTILITY AUTHORITY; GRANTING A LICENSE AGREEMENT FROM THE VILLAGE OF NORTH PALM BEACH TO SEACOAST UTILITY AUTHORITY FOR INSTALLATION, OPERATION AND MAINTENANCE OF SEWAGE PUMPING STATIONS IN, UNDER AND ACROSS LANDS OWNED BY THE VILLAGE OF NORTH PALM BEACH; PROVIDING FOR A LEASE BACK FROM THE VILLAGE OF NORTH PALM BEACH, AS LESSOR, AND SEACOAST UTILITY AUTHORITY, AS LESSEE, TO A PORTION OF THE LANDS COMPRISING ANCHORAGE PARK; 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 agreement with Seacoast Utility Authority and attached exhibits, which agreement is attached to this Resolution as composite exhibit "A" and provides for the quit -claim and conveyance to the Village of North Palm Beach from Seacoast Utility Authority of certain real property known as Anchorage Park and more particularly • • described in the exhibits to the agreement; providing for the grant by the Village of North Palm Beath of perpetual utility easements to Seacoast Utility Authority; granting a license agreement from the Village of North Palm Beach to Seacoast Utility Authority for installation, operation and maintenance of sewage pumping stations in, under and across lands owned by the Village of North Palm Beach; providing for a lease back from the Village of North Palm Beach, as Lessor, to Seacoast Utility Authority as Lessee, of a portion of lands comprising Anchorage Park. Section 2 The Mayor and Village Clerk are hereby authorized and directed to execute the agreement with Seacoast Utility Authority and exhibits attached thereto. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 14th DAY OF OCTOBER , 1999. (Village Seal) VILLAGE CLERK Pnie resolut\seacoast.sew • • AGREEMENT THIS AGREEMENT is made and entered into this a day of 0aib _, 1999, by and between the VILLAGE OF NORTH PALM BEACH ("Village') and the SEACOAST UTILITY AUTHORITY ("Authority"). WITNESSETH: WHEREAS, Authority holds fee simple title interest in the Anchorage Drive Wastewater Plant property more particularly described on Exhibit "1" ("Property"); and WHEREAS, Authority ceased wastewater treatment operations on the Property in 1994; and WIIEREAS, despite ceasing treatment operations on the Property, the Authority requires continuing use of and access to certain improvements located on the Property; and WIIEREAS, pursuant to Chapter 125, Florida Statutes, the Authority has determined the Property to be surplus, subject to continuing access and use considerations; and WHEREAS, the Village wishes to acquire fee simple title to the Property; and WHEREAS, the Authority has determined that subject to continuing Authority access and use considerations, conveyance of the Property to the Village is a compelling public interest in accordance with the provisions of Chapter 125.38, Florida Statutes; and WHEREAS, the Authority wishes to acquire certain easements and licenses from the Village; NOW THEREFORE, in consideration of the mutual covenants and promises as herein set forth, Village and Authority agree as follows: 1. The foregoing statements are true and correct. 2. Authority and Village agree that Property is to be conveyed "as is" to Village in accordance with the quit claim deed attached hereto as Exhibit "2." Any preacquisition and post acquisition costs, including such feasibility reports, appraisals, contamination assessments or 1 • • other evaluations, studies, or investigations that the Village may require, shall be the financial obligation of the Village. 3. As material consideration for conveyance of Property as set forth herein, Village agrees to grant the utility easements, and licenses attached hereto as Exhibits "3" and "4" respectively. 4. Authority and Village agree that Authority shall be authorized to use the Property and facilities thereon in accordance with lease agreement attached hereto as Exhibit "5". IN WITNESS WHEREOF, Village and Authority have executed or have caused this Agreement to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Agreement. ATTEST: thleen F. Kelly, Village C ATTEST: By VILLAGE OF NORTH PALM BEACII, FLORIDA BY ITS LAGE COUN By Etward M. Eissey, Ma 61, SEACOAST UTILITY AUTHORITY By VE/2 . P Mary RYiles, Authority Clerk Bebbie-FL.L.,..:2:, Glair G�•L E." >J�ls�� Vitt t'k- r U:\USERS\RIM\SUA\DOCUM ENl\NPIIANCI 15.DOC 2 EXHIBIT "1" Anchorage Drive Wastewater Plant Property A parcel of land situate in Section 17, Township 42 South, Range 43 East, Palm Beach County, Florida lying within Tract "A" of the Village of North Palm Beach Plat No. 1, as recorded in Plat Book 24, Pages 202 through 206, Public Records of Palm Beach County, Florida, and being more particularly described as follows: Commence at the East quarter corner of Section 17, as shown on said plat; thence South 00°00'00" East, along the centerline of Anchorage Drive, a distance of 620.92 feet; thence North 90°00'00" West a distance of 40.00 feet to a point on the Westerly right-of-way line of said Anchorage Drive, said point being 23.00 feet North of the beginning of the curve on the Easterly perimeter of aforesaid Tract "A"; thence continue North 90°00'00" West a distance of 160.44 feet to the Point of Beginning of the herein described parcel; Thence South 00°32'00" West a distance of 263.79 feet; thence South 59°15'44" East a distance of 62.64 feet; thence South 21°16'37" West a distance of 220.57 feet to the Southerly line of said Tract "A"; thence North 68°55'30" West along the Southerly line of Tract "A" a distance of 646.87 feet; thence North 21°20'46" East along the East line of the parcel of land described in Official Record Book 3602, at Page 1698, Public Records of Pahn Beach County, Florida, a distance of 380.73 feet; thence South 68°55'30" East a distance of 238.86 feet; thence North 90°00'00" East a distance of 270.78 feet to the Point of Beginning. Together with a non-exclusive easement for ingress and egress over the following parcel: A parcel of land in a portion of Tract "A" as shown on the Plat of the Village of North Palm Beach Plat No. 1, as recorded in Plat Book 24, Pages 202 through 206, Public Records of Palm Beach County, Florida, being more particularly described as follows: Page 1 of 2 Commence at the East quarter corner of Section 17, Township 42 South, Range 43 East, Palm Beach County, Florida said quarter corner being in the centerline of the right-of-way of Anchorage Drive, as now laid out and in use; thence run South along said centerline of Anchorage Drive and said East line of Section 17 a distance of 596.92 feet to a point; thence run West a distance of 40.00 feet to a point in the Westerly right-of-way line of said Anchorage Drive and the Point of Beginning of the herein described parcel; thence continue West a distance of 426.76 feet to a point; thence North 68°56'30" West a distance of 234.40 feet to a point; thence South 21°03'30" West a distance of 24.00 feet to a point; thence South 68°56'30" East a distance of 238.86 feet to a point; thence East a distance of 431.22 feet to a point; thence North a distance of 24.00 feet to the Point of Beginning of the herein described parcel. DOCUMENITNPALMBCMAGREE-I.wp:990104 Page 2 of 2 • • EXHIBIT "2" QUIT CLAIM DEED THIS QUIT CLAIM DEED, executed this 27 day of DA° 1999, by SEACOAST UTILITY AUTHORITY (hereinafter referred to as Grantor), whose address is 4200 hood Road, Palm I3each Gardens, Florida, 33410, to the VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation (hereinafter referred to as Grantee), whose address is 501 U. S. Highway One, North Palm Beach, Florida, 33408: WITNESSETH, that the said Grantor, for and in consideration of the sum of $10.00, in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit claim unto the said Grantee forever, all the right, title, interest, claim and demand which Grantor has in and to the following described property, situate, lying and being in the County of Palm Beach, State of Florida, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF TO HAVE AND TO HOLD the same, together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behoove of the said Grantee forever. BUT RETAINING AND RESERVING unto Grantor, its successors and assigns, fee simple title and property ownership rights in the parcel of land described on Exhibit'B" attached hereto and made a part hereof (Retained Property) AND ALSO RETAINING AND RESERVING unto Grantor, its successors and assigns, the access easements described on Exhibit "C" attached hereto and made a part hereof (Retained Access Easements). The Retained Access Easements shall be relocatable at Grantee's sole cost and expense, subject to Grantee providing alternate legal access at a location designated by Grantee and constructing a paved road. If such legal access is designated solely for Grantor's use, Grantor, at its cost, shall maintain the access road. 1 • • AND ALSO RETAINING AND RESERVING unto Grantor, its successors and assigns, the exclusive utility easements described on Exhibit "D" attached hereto and made a part hereof (Retained Utility Easements) IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: Signed, sealed and delivered in the Presence pf.: Witness Signature Kin AV/A Print Name Witness Signature • V de/ :—& /are Print ame L!J %/ilie9 it / GRANTOR: SEACOAST UTILITY AUTHORITY By: /jGT-- 6a,L FT Vick_ 651kc\r Attes Mary n Stiles, Authority Clerk t STATE OF FLORIDA COUNTY OF PALM BEACH / / The foregoing instrument was acknowledged before me this.2-q/y day ofOCIJbet- , 1999 by Bobbie Herakovich and Mary Ann Stiles, Chair and Authority Clerk respectively of SEACOAST UTILITY AUTHORITY, who are both personall known to me and who did not take an oath. OFFICIAL NUTARY513AL ADELE DINGEE NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC822497 MY COMMISSION EXP. APR. 262003 II5IiaS\MAItYANN\n0CUMnN'Mtilutu MN'I\iXIIIBITII Notary Signature Print Name Notary Public — State of Florida Commission No. My Commission Expires: 2 ORB 1 14-24 Pg 1684 QUIT CLAIM DEED EXHIBIT A A parcel of land situate in Section 17, Township 42 South, Range 43 East, Palm Beach County, Florida, lying with Tract "A" of the Village of North Palm Beach Plat No. 1, as recorded in Fiat Book 24, Pages 202 through 206, Public Records of Palm Beach County, Florida, and being more particularly described as follows: Commence at the East quarter corner of Section 17, as shown on said plat; thence South 00°00'00" East, along the centerline of Anchorage Drive, a distance of 620.92 feet; thence North 90°00'00" West a distance of 40.00 feet to a point on the Westerly right-of-way line of said Anchorage Drive, said point being 23.00 feet North of the beginning of the curve on the Easterly perimeter of aforesaid Tract "A"; thence continue North 90°00'00" West a distance of 160.44 feet to the Point of Beginning of the herein described parcel; Thence South 00'32'00" West a distance of 263.79 feet; thence South 59°14'44" East a distance of 62.64 feet; thence South 21°16'37" West a distance of 220.57 feet to the Southerly line of said Tract "A'; thence North 68°55'30" West along the Southerly Iine of Tract "A" a distance of 646.87 feet; thence North 21°20'46" East along the East line of the parcel of land described in Official Record Book 3602, at Page 1698, Public Records of Palm Beach County, Florida, a distance of 380.73 feet; thence South 68°55'30" East a distance of 238.86 feet; thence North 90°00'00" East a distance of 270.78 feet to the Point of Beginning. Together with a non-exclusive easement for ingress and egress over the following parcel: A parcel of land in a portion of Tract "A" as shown on the Plat of the Village of North Palm Beach PIat No. 1, as recorded in Plat Book 24, Pages 202 through 206, Public Records of Palm Beach County, Florida and being more particularly described as follows: Page 1 of 2 ORB 11424 Pg 1685 Commence at the East quarter corner of Section 17, Township 42 South, Range 43 East, Palm Beach County, Florida, said quarter corner being in the centerline of the right-of-way of Anchorage Drive, as now laid out and in use; thence run South along said centerline of Anchorage drive and said East line of Section 17 a distance of 596.92 feet to a point; thence run West a distance of 40.00 feet to a point in the Westerly right-of-way line of said Anchorage Drive and the Point of Beginning of the herein described parcel; thence continue West a distance of 426.76 feet to a point; thence North 68°56'30" West a distance of 234.40 feet to a point; then South 21°03'30" West a distance of 24.00 feet to a point; thence South 68°56'30"_East a distance of 238.86 feet to a point; thence East a distance of 431.22 feet to a point; thence North a distance of 24.00 feet to the Point of Beginning of the herein described parcel. DOCUMGN71NPALMOCI hQTCLM-A.wp:980402 Page 2 of 2 POINT OF COMMENCEMENT EAST 1/4 CORNER SECTION 17 - TOWNSHIP 42S. --RANGE 43E. N90'00100"W - 160.44' PORTION OF TRACT "A" PLAT OF THE VILLAGE OF NORTH PALM BEACH PLAT NUMBER ONE - PLAT BOOK 24 - PAGES 202-206 I FOND: (R) - RADIAL (P) - PLATTED ESMT - EASEMENT C/L - CENTERLINE ROW - RIGHT-OF-WAY S68'55'30"E 155.00' N21'16'37"E 220.57' SOUTH LINE OF TRACT "A"-1/ BEARING BASE THE NORTH LINE OF TRACT "A" OF THE PLAT OF THE VILLAGE OF NORTH PALM BEACH, PLAT NUMBER ONE IS TAKEN TO BEAR N90'00'00"W AND ALL OTHER BEARINGS ARE RELATIVE THERETO. PLAT rtn WESTERLY R.O.W. LINE ' CA SOUTHWIND DRIVE (80' RIGHT-OF-WAY) TRACT "B" / QUIT CLAIM DEED OF THE VILLAGE OF NORTH PALM BEACH -� 1 EXHIBIT ••B PLAT NUMBER ONE Page 1 of 2 N68'55'30"W PLAT BOOK 24 - PAGES 202-206 SURVEYOR AND MAPPER'S SIGNATURE 1, UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP/REPORT 15 FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 2. NO SEARCH JF THE PUB C�`2[; HAS BEEN MADE BY THIS OFFICE. O. HOWARD DUKES, PROFESSIONAL SURVEYOR & MAPPER STATE OF FLORIDA NO. 4533 L 8 F.H CERTIFICATE NO. LB 959 LINDAHL, BROWNING. FERRARI & HELLSIROM, INC. Scale CONSULTING ENGINEERS, SURVEYORS & MAPPERS ••1 _� DD+ Field 2400 S.E. MONTEREY ROAD, SUITE 300 STUART, FLORIDA 34996 (561) 286-3883 FAX: (561) 286-3925 S59'15'44"E 500'00'00"W 620.92'(P) N90'00'00"W 40.00' WESTERLY RIGHT-OF-WAY LINE EXISTING 10' UTILITY ESMT. 11 SCALE: 1" = 100' POINT OF BEGINNING 52116'37"W 220.57' EXISTING U.E. O_R_B_ 5880, PAGE_ 1770/ 155.00'_ �\ Dote WEST PALM BEACH JUPITER STUART FORT PIERCE OKEECHOBEE 01 — 15-98 Computed I Checked DESCRIPTION SKETCH THIS IS NOT A SURVEY 4-3-98, OHD, ADD TRACT "A" LABELS 4-2-98, BK, DELETE TRACT "A" LABELS REVISIONS: PROJECT NAME: - SEACOAST UTIUTY AUTHORITY RETAINED OUT PARCEL WITHIN TRACT "A" VNPB PLAT 1 Sheet N/A 1 0f 2 ZZ HD Drawing No. Field Book N/A Pg. N/A Work Order No. 88-280 0 z IJ 880280S7.DWG LEGAL DESCRIPTION OF THE RETAINED OUT PARCEL WITHIN TRACT "A", VILLAGE OF NORTH PALM BEACH, PLAT NUMBER ONE A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. SAID PARCEL LIES WITHIN A PORTION OF TRACT "A" OF "THE VILLAGE OF NORTH PALM BEACH, PLAT NUMBER ONE", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGES 202 THROUGH 206, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE EAST ONE —QUARTER CORNER OF SAID SECTION 17, SAID CORNER BEING A POINT IN THE CENTERLINE OF ANCHORAGE DRIVE (AN 80 FOOT WIDE RIGHT—OF— WAY), ACCORDING TO THE AFORESAID PLAT OF "THE VILLAGE OF NORTH PALM BEACH PLAT NUMBER ONE", THENCE S 00'00'00" W ALONG SAID CENTERLINE, A DISTANCE OF 620,92 FEET; THENCE N 90'00'00" W, PERPENDICULAR -TO THE PRECEDING COURSE, A DISTANCE OF 40.00 FEET TO A POINT ON THE WEST RIGHT—OF—WAY LINE OF AFORESAID ANCHORAGE DRIVE, SAID POINT BEING 23.00 FEET NORTH OF THE BEGINNING OF THE CURVE ON THE EASTERLY PERIMETER OF AFORESAID TRACT "A". THENCE CONTINUE N 90'00'00" W, A DISTANCE OF 160.44 FEET; - THENCE, S 00'32'00" W, A DISTANCE_ OF 263.79 FEET; THENCE S 59'15'44" E, A DISTANCE OF 62.64 FEET TO THE POINT OF BEGINNING; THENCE S 2116'37" W, A DISTANCE OF 220.57 FEET TO A POINT ON THE SOUTH LINE OF TRACT "A", ACCORDING TO THE AFORESAID PLAT OF "THE VILLAGE OF NORTH PALM BEACH PLAT NUMBER ONE"; - THENCE N 68'55'30" W ALONG THE SOUTH LINE OF SAID TRACT "A", A DISTANCE OF 155.00 FEET; THENCE N 21'16'37" E, DEPARTING SAID SOUTH LINE, A DISTANCE OF 220_57 FEET; THENCE S 68'55'30" E, A DISTANCE OF 155.00 FEET TO THE POINT OF BEGINNING; SAID OUT PARCEL CONTAINING 34,188 SQUARE FEET MORE OR LESS. UNOAHL, BROWNING, FERRN2I & HELLSTROM, INC. Scole CONSULTING ENGINEERS. SURVEYORS & MAPPERS N/A 2400 S.E. MONTEREY ROAD. SUITE 300 STUART, FLORIDA 34996 (561) 286-3883 FAX: (561) 286-3925 Date WEST PALM BEACH JUPITER STUART FORT PIERCE OKEECHOBEE 01 — 1 5-98 EXHIBIT "B" Page 2 of 2 4-2-98, BK, REV'D TITLE & LEGAL 2-11-98, BK, REV'D TITLE & LEGAL REVISIONS: PROJECT NAME SEACOAST U11UTY AUTHORITY RETAINED OUT PARCEL WITHIN TRACT "A" VNPB PLAT 1 Field N/A Computed ZZ Checked HD Sheet 2 Of 2 Drawing No. 20,D Field Book N/A Pg. N/A Work Order No. 88-280 O z J 0- 88028077,DW0 o� FT*ND: • C/L - CL`NTERLINE O.R. - OFFICIAL RECORD EXISTING 24' WIDE ACCESS EASMENT PER O.R. BOOK 5909 PG 1664 /3i..E 24.00' A----_ SCALE: 1" = 50' In 4 v \ OUT PARCEL N21'16'37"E 220.57' POINT OF COMMENCEMENT EAST1/4 CORNER SECTION 17 - TOWNSHIP 42S. - RANGE 43E. "No giq POINT OF BEGINNING .. - S90'00'00"E 246.96' 24' WIDE ACCESS EASEMENT SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. THIS MAP/REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND 15 NOT VALID. 2. ORES HAS BEEN MADE BY THIS OFFICE. O. HOWARD DUKES. PROFESSIONAL JUNvtYOR & MAPPER STATE OF FLORIDA NO. 4533, L.B.F.H. CERTIFICATE NO. LB 959 UNDAHL, BROWNING, FERRARI & HELLSTROM, INC. Scale CONSULTING ENGINEERS. SURVEYORS & MAPPERS 1 "=50' 2400 S.E. MONTEREY ROAD. SUITE 300 STUART. FLORIDA 34996 (561) 286-3883 FAX: (561) 286-3925 WEST PALM BEACH JUPRER STUART FORT PIERCE OKEECHOBEE 0 1 — 27 —98 Dote Field N/A 1 Of 2 ZZ Checked HD Computed Drawing No. 24'A N90'00'00"W 246.99' WESTERLY RIGHT-OF-WAY PORTION OF TRACT "A" PLAT OF THE VILLAGE OF NORTH PALM BEACH PLAT NUMBER ONE PLAT BOOK 24 - PAGES 202-206 EXISTING 10' UTILITY EASEMENT r BEARING BASE THE NORTH LINE OF TRACT "A" OF THE PLAT OF THE VILLAGE OF NORTH PALM BEACH, PLAT NUMBER ONE IS TAKEN TO BEAR N 90'00'00" W AND ALL OTHER BEARINGS ARE RELATIVE THERETO. N68'55'30"W 155.00' N � -� ISN90'00'00"W vO. - 40.00' s00.00.00"w 23.00'— 24.00' - I I QUIT CLAIM DEED\ EXHIBIT 'IC" Page l of 4 DESCRIPTION SKETCH TT THIS IS NOT A SURVEY 4-2-98, BK, DELETE TRACT "A" LABELS 12-11-98, BK, REVD TITLE REVISIONS: -- ---- PROJECT NAME: SEACOAST UTILITY AUTHORITY RETAINED 24. WIDE ACCESS EASEMENT Sheet Field Book N/A Pg. N/A Work Order No. 88-280 3 0 N w m —J N LT_ CI cO W O z 24' WIDE ACCESS EASEMENT VILLAGE OF NORTH PALM BEACH, PLAT NUMBER ONE DESCRIPTION AN EASEMENT 24.00 FEET IN WIDTH FOR INGRESS/EGRESS AND ACCESS PURPOSES LYING IN SECTION 17, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE EAST ONE -QUARTER CORNER OF SAID SECTION 17, SAID CORNER BEING A POINT IN THE CENTERLINE OF. ANCHORAGE DRIVE (AN 80 FOOT WIDE RIGHT—OF—WAY), PER THE PLAT OF "THE VILLAGE OF NORTH PALM BEACH, PLAT NUMBER ONE", PLAT BOOK 24, PAGES 202 THROUGH 206 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE S 00'00'00" W, ALONG SAID CENTERLINE, A DISTANCE OF 596.92 FEET; THENCE N 90'00'00" W, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 40.00 FEET TO A POINT ON THE WEST RIGHT—OF—WAY LINE OF THE AFORESAID ANCHORAGE DRIVE AND THE POINT OF BEGINNING,ALSO - BEING A POINT ON THE EAST LINE OF TRACT "A" AS SHOWN ON SAID PLAT OF "THE VILLAGE OE NORTH' PALM BEACH, PLAT NUMBER ONE"; THENCE S 00'00'00" W, ALONG THE WEST RIGHT—OF—WAY LINE OF THE AFORESAID ANCHORAGE DRIVE AND ALONG SAID EAST LINE, A DISTANCE OF 24.00 FEET; SAID POINT BEING 23.00 FEET NORTH OF THE BEGINNING OF THE CURVE ON THE EASTERLY PERIMETER OF AFORESAID TRACT "A"; THENCE N 90'00'00" W, DEPARTING SAID WEST RIGHT-OF—WAY LINE AND SAID EAST LINE, A DISTANCE OF 246.99 FEET; THENCE N 00-04'31" E, A DISTANCE OF 24.00 FEET; - THENCE S 90'00'00" E, A DISTANCE OF 246.96 FEET TO THE POINT OF BEGINNING; SAID EASEMENT CONTAINING 5,927 SQUARE FEET MORE OR LESS. UNDAHL. BROWNING, FERRARI & HELLSTROM, INC. Scale CONSULTING ENGINEERS. SURVEYORS & MAPPERS 2400 S.E. MONTEREY ROAD, SUITE 300 STUART, FLORIDA 34996 (561) 286-3883 FAX: (567) 286-3925 N/A Field Date Computed WEST PALM BEACH JUPITER STUART FORT PIERCE OKEECHOBEE O 1 -27-98 Checked N/A 2 Of 2 ZZ HD Drawing No. 24'A EXHIBIT "C" Page 2 of 4 4-2-98, BK, REV'D LEGAL 2-11-98, BK, REV'D TITLE & LEGAL REVISIONS: PROJECT NAME: SEACOAST UTILITY AUTHORITY RETAINED 24' WIDE ACCESS EASEMENT Sheet Field Book N/A Pg. N/A Work Order No. 88-280 0 z LJ J li 880280T8.DWG C/L - CENTERLINE S90'00'00"E 25.00' SCALE: 1" = 50' POINT POINT OF COMMENCEMENT OF BEGINNING EAST 1/4 CORNER SECTION 17 — TOWNSHIP 42S. — RANGE 43E. I O1p NJ 4PO N90'00'00"W 221.99' . N90'00'00"WI ° f 40.00' j 23.00' 25.0' WESTERLY RIGHT-OF-WAY LINE 25' WIDE ACCESS EASEMENT PORTION OF / TRACT "A" PLAT OF THE VILLAGE OF NORTH PALM BEACH PLAT NUMBER ONE N68'55'30"W 26.78' N2116'37"E 220.57' PLAT BOOK 24 - PAGES 202-206 EXISTING 10' UTILITY EASEMENT A BEARING BASE: THE NORTH LINE OF TRACT "A" OF THE PLAT OF THE VILLAGE OF _ NORTH PALM BEACH, PLAT NUMBER ONE IS TAKEN TO BEAR N 90'00'00" W AND ALL OTHER BEARINGS ARE RELATIVE THERETO. N68'55'30"W 155.00' SURVEYOR AND MAPPER'S SIGNATURE 1 UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP/REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 2. NO SEARCH AF THE PU81,1C/; CO-D,/HAS BEEN MADE BY THIS OFFICE. 0.-10WARD DUKES, PROFESSIONAL Sl1kVEYOR & MAPPER STATE OF FLORIDA N0. 4533, L.B.F.H. CERTIFICATE NO. LB 959 UNDAHL, BROWNING, FERRARI & HEUSTROM, INC.I Scole CONSULTING ENGINEERS. SURVEYORS & MAPPERS 2400 S.E. MONTEREY ROAD, SUITE 300 STUART, FLORIDA 34996 (561) 286-3883 FAX: (561) 286-3925 1 "=50' Field EXHIBIT "C" Page 3 of 4 DESCRIPTION SKETCH \ THIS IS NOT A SURVEY 14-2-98, BK, DELETE TRACT "A" LABELS REVISIONS: PROJECT NAME: SEACOAST UTILITY AUTHORITY 25' WIDE ACCESS EASEMENT WITHIN TRACT `A" VNPB PLAT 1 Date Computed WEST PALM BEACH JUPITER STUART FORT PIERCE OKEECHOBEEI 01 - 15-98 Checked N/A Sheet Field Book N/A Pg. N/A Work Order No. 88-280 1 Of 2 ZZ Drawing HD No. 25.A O z W 880280S3.DWG 25' WIDE ACCESS EASEMENT . WITHIN TRACT "A",VILLAGE OF NORTH PALM BEACH, PLAT NUMBER ONE DESCRIPTION AN EASEMENT 25.00 FEET IN WIDTH FOR INGRESS/EGRESS AND ACCESS PURPOSES LYING IN SECTION 17, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. SAID EASEMENT_LIES WITHIN A PORTION OF TRACT "A", ACCORDING TO THE PLAT OF "THE VILLAGE OF NORTH PALM - BEACH, PLAT NUMBER ONE", PLAT BOOK 24, PAGES 202 THROUGH 206 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING MORE _ PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE _AT THE EAST ONE -QUARTER CQRNER OF SAID SECTION 17, SAID CORNER BEING A POINT IN THE CENTERLINE OF ANCHORAGE DRIVE (AN 80_FOOT WIDE RIGHT-OF-WAY), ACCORDING TO THE AFORESAID PLAT OF "THE VILLAGE OF NORTH PALM BEACH, PLAT NUMBER ONE", THENCE S 00 00'00" W ALONG SAID CENTERLINE, A DISTANCE OF 620.92 FEET; THENCE N 90'00'00" W, PERPENDICULAR TO THE PRECEDING COURSE, _A _ DISTANCE OF 40.00, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF THE AFORESAID ANCHORAGE DRIVE, SAID POINT BEING 23.00 FEET NORTH OF THE BEGINNING OF THE CURVE ON THE EASTERLY PERIMETER OF AFORESAID_ TRACT "A"; THENCE CONTINUE N 90'00'00"W, A DISTANCE OF 221.99 FEET TO .THE POINT OF BEGINNING; THENCE S 00'04'31" W, A DISTANCE- OF 252.15 FEET; THENCE N 68'55'30" W, A DISTANCE OF 26.78 FEET; THENCE N 00'04'31" E, A DISTANCE OF 242.52 FEET; THENCE S 90'00'00" E, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINING 6,183 SQUARE FEET MORE OR LESS. LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. Scale CONSULTING ENGINEERS, SURVEYORS & MAPPERS 2900 S.E. MONTEREY ROAD. SUITE 300 STUART. FLORIDA 34996 (561) 286-3883 FAX: (561) 286-3925 WEST PALM BEACH JUPITER STUART FORT PIERCE OKEECHO6E£ N/A Field Dote 01-15-98 N/A 2 Of 2 Computed ,IAA/ Checked HD EXHIBIT "C" Page 4 of 4 4-12-99-, BK, REV'D LEGAL 4-2-98, BK,. REV'D LEGAL 2-11-98, BK, REV'D LEGAL REVISIONS: FROJECT NAME: _ SEACOAST UTILITY AUTHORITY 25' WIDE ACCESS EASEMENT WITHIN TRACT "A" VNPB PLAT 1 Sheet Field Book N/A Pg. N/A Drawing Work Order No. 25'A No. 88-280 . 3 O Q z 0 W 0 J N I'- m c0 I!ENVOI C/L - CENTERLINE POINT OF BEGINNING N21-20'46"E 30.00' 97 BEARING BASE: THE NORTH LINE OF TRACT "A" OF THE. PLAT OF THE VILLAGE OF NORTH PALM BEACH, PLAT NUMBER ONE 15 TAKEN TO BEAR N90'00'00"W AND ALL OTHER BEARINGS ARE RELATIVE THERETO. -..- TRACT "6" PLAT OF THE VILLAGE OF NORT PLAT NUMBER ON PLAT BOOK 24 - PAGES POINT OF COMMENCEMENT EAST 1/4 CORNER SECTION 17 - TOWNSHIP 42S, - RANGE 43E: S00'00'00"W 620.92'(P) N90-00'00"W 437.22' 270.78' PORTION OF TRACT "A" -- PLAT OF THE VILLAGE OF NORTH PALM BEACH PLAT NUMBER ONE PLAT BOOK 24 - PAGES 202-206 521'16'37"W 30.00' H PALM BEACH E 202-206 r / � • NORTH LINE OF TRACT "B" SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP/REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT�VALID. - - 2. NO SEARCH Qf THE PUBL}c OR yS /AS BEEN MADE BY THIS OFFICE. O. HOWARD DUKES, PROFESSIbNAL SUWVEY0R & MAPPER STATE OF FLORIDA NO. 4533, L.B.F.H. CERTIFICATE NO. LB 959 _ LIND HL, BROWNING, FERRARI & NELLSTROM, INC. Scale CONSULTING ENGINEERS, SURVEYORS & MAPPERS 1 "=100' Field 2400 S.E. MONTEREY ROAD, SURE 300 STUART, FLORIDA 34996 (561) 286-3883 FAX: (561) 286-3925 L 166.44' 23,00� Nsoroo'oo"w 40.00' SCALE: 1" = 100' QUIT CLAIM DEED XHIBIT "D" Pa• = 1 of 4 DESCRIPTION SKETCH THIS IS NOT A SURVEY Dote Computed WEST PALM BEACH JUPITER STUART FORT PIERCE OKEECHOBEE 01-15-98- I Checked 4-2-98, BK, DELETE TRACT "A" LABELS REVISIONS: PROJECT NAME: SEACOAST UTILITY AUTHORITY 30' WIDE UTILITY EASEMENT WITHIN TRACT "A" VNPB PLAT 1 N/A Sheet 1 Of 2 Zz - brewing HD No 30'A Field Book N/A Pg. N/A Work Order 0 • cop z LJ o _1 co No. 88-280 m It J 30' WIDE UTILITY EASEMENT WITHIN TRACT "A", VILLAGE OF NORTH PALM BEACH, PLAT NUMBER ONE DESCRIPTION AN EASEMENT 30.00 FEET IN WIDTH FOR UTILITY PURPOSES LYING IN SECTION 17, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. SAID EASEMENT LIES WITHIN A PORTION OF TRACT "A", ACCORDING TO THE PLAT OF "THE VILLAGE OF NORTH PALM BEACH, PLAT NUMBER ONE", PLAT BOOK 24, PAGES 202 THROUGH 206 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: - - COMMENCE AT THE EAST ONE —QUARTER CORNER OF SAID SECTION_ 17, SAID CORNER BEING A POINT IN THE CENTERLINE OF ANCHORAGE DRIVE (AN 80 FOOT WIDE RIGHT—OF—WAY), ACCORDING TO THE AFORESAID PLAT OF "THE VILLAGE OF NORTH PALM BEACH, PLAT NUMBER -ONE", THENCE S 00'00'00" W ALONG SAID CENTERLINE, A DISTANCE OF 620.92 FEET; THENCE N 90'00'00" W, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 40.00 FEET, TO A POINT ON THE WEST RIGHT—OF—WAY LINE OF THE AFORESAID ANCHORAGE DRIVE, SAID POINT BEING 23.00 FEET NORTH OF THE BEGINNING OF THE CURVE ON THE EASTERLY PERIMETER OF AFORESAID TRACT "A"; - - THENCE CONTINUE N 90'00'00" W", A DISTANCE OF 437.22 FEET; THENCE N 68'55'30" W", A DISTANCE OR 238.86 FEET THENCE S 21'20'46" W, A DISTANCE OF 350.73 FEET TO THE POINT OF BEGINNING; THENCE S 68'55'30" E, A DISTANCE OF 491.83 FEET; THENCE S 21'16'37" W, A DISTANCE OF 30.00 FEET TO THE NORTH LINE OF TRACT "B", ACCORDING TO THE AFORESAID PLAT OF "THE VILLAGE OF NORTH PALM BEACH, PLAT NUMBER ONE"; THENCE N 68'55'30" W ALONG SAID NORTH LINE OF TRACT "B", A DISTANCE OF 491.87 FEET; THENCE N 21'20'46"_E, A DISTANCE -OF 30.00 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINING 14,756 SQUARE FEET MORE OR LESS. EXHIBIT "D" Page 2 of 4 14-2-98, BK, REV'D LEGAL 12-11-98, BK, REV'D LEGAL REVISIONS: PROJECT NAME: SEACOAST UTIUTY AUTHORITY 30' WIDE UTIUTY EASEMENT WITHIN TRACT "A" VNPB PLAT 1 UNDAH4 BROWNING. FERRARI & HELLSTROM• INC. Scole CONSULTING ENGINEERS. SURVEYORS & MAPPERS N/A Field N/A 2400 S.E. MONTEREY ROAD. SUITE 300 STUART, FLORIDA 34996 Dote (561) 286-3883 FAX: (561) 286-3925 WEST PALM BEACH JUPITER STUART FORT PIERCE OKEECHOBEE 01 — 1 5-98 Computed JW Checked HD Sheet Field Book 2Of 2 N/A Pg. N/A Drowing Work Order No. No. 88-280 30'A ■ FrPNO- C/L - CENTERLINE PORTION OF TRACT "A" PLAT OF THE VILLAGE OF_NORTH PALM BEACH PLAT NUMBER ONE PLAT BOOK 24 - PAGES 202-206 N90'00'00"W 10.00' POINT OF BEGINNING S02'06'44"W 83.37' BEARING BASE: THE NORTH LINE OF TRACT "A" OF THE PLAT OF THE VILLAGE OF NORTH PALM BEACH, PLAT NUMBER ONE IS TAKEN TO BEAR N90'00'00"W AND ALL OTHER BEARINGS ARE 10.0'-- -1 RELATIVE THERETO. 525'08'55"W 71.75' POINT OF COMMENCEMENT / Ic.o EAST 1/4 CORNER SECTION 17 — TOWNSHIP 425. — RANGE 43E. Now d_d io O -�N90'00'00"Wr‘ Nld 40.00' -10.0' POINT OF TERMINUS N21'16'37"E 220.57' N90'00'00"W 160.44' WESTERLY RIGHT-OF-WAY LINE EXISTING 10' UTILITY EASEMENT -1 - J 0 r C/L OF 20' UTILITY EASEMENT N68'55'30"W 155.00' _ SURVEYOR ANO MAPPER'S SIGNATURE SCALE: 1" DESCRIPTION THIS 1S NOT A 1. UNLESS IT SEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP/REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. • 2. NO SEARCFj OF THE P S HAS BEEN MADE BY THIS OFFICE. 712 0. HOWARD DUKES, PROFESSIONAL SURVEYOR & MAPPER STATE OF FLORIDA NO. 4533, L.B.F.H._ CERTIFICATE NO. LB 959 LINOAHL, BROWNING. FERRARI & HELLSTROM, INC Scale CONSULTING ENGINEERS, SURVEYORS & MAPPERS 2400 S.E. MONTEREY ROAD, SUITE 300 STUART, FLORIDA 34996 - (561) 286-3883 FAX: (561) 286-3925 WEST PALM BEACH JUPITER STUART FORT PIERCE OKEECHDOEE 1 "=50' Date 01-15-98 Field Computed Checked EXHIBIT Page 3 of 44\ .50' SKETCH\ SURVEY 4-14-99,BK, REVISED CENTERLINE DIMENSION 4-2-98, BK, DELETE TRACT "A" LABELS REVISIONS: PROJECT NAME: SEACOAST UTILITY AUTHORITY 20' WIDE UTILITY EASEMENT WITHIN TRACT "A" VNPB PLAT 1 Sheet Field Book N/A Pg. N/A Work Order No. N/A 1 Of 2 ZZ HD Drawing No. 20'A 88-280 O Z LJ J 880208S4.DwG IM61111W 20' WIDE UTILITY EASEMENT WITHIN TRACT "A", VILLAGE OF NORTH PALM BEACH, PLAT NUMBER ONE DESCRIPTION AN EASEMENT 20.00 FEET IN WIDTH FOR UTILITY PURPOSES LYING_ IN SECTION 17, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, - FLORIDA. SAID EASEMENT LIES WITHIN A PORTION OF TRACT "A"- OF THE VILLAGE OF NORTH PALM BEACH, PLAT NUMBER ONE", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGES 202 THROUGH 206, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND LIES 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, WITH THE - SIDELINES EXTENDING OR CONTRACTING AS NECESSARY TO FORM A CONTINUOUS LINE: - - COMMENCE AT THE EAST ONE —QUARTER CORNER OF SAID SECTION 17, SAID CORNER BEING A POINT IN THE CENTERLINE OF ANCHORAGE DRIVE (AN 80 FOOT WIDE RIGHT—OF—WAY), PER THE AFORESAID PLAT OF "THE VILLAGE OF NORTH PALM BEACH, PLAT NUMBER ONE", THENCE S 00'00'00" W ALONG SAID CENTERLINE, A DISTANCE OF 620.92 FEET; - THENCE N 90'00'00" W, PERPENDICULAR- TO THE PRECEDING COURSE, A DISTANCE OF- 40.00 FEET TO A POINT ON THE WEST RIGH7-0E—WAY LINE OF_` - AFORESAID ANCHORAGE DRIVE, SAID POINT BEING '23.00 FEET NORTH OF THE BEGINNNING OF THE CURVE -ON THE EASTERLY PERIMETER OF AFORESAID_ TRACT "A"; -- THENCE CONTINUE N 90'00'00" W, A DISTANCE OF 160.44 FEET; THENCE S 00'32'00" W, A DISTANCE OF 110.56 FEET; THENCE N 90'00'00" W, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF THE AFORESAID EASEMENT CENTERLINE; THENCE S 02'06'44" W ALONG SAID EASEMENT CENTERLINE, A DISTANCE OF 83.37 FEET; - THENCE S 25'08'5.5" W, ALONG SAID EASEMENT CENTERLINE, A _ DISTANCE OF 71.75 FEET TO THE- POINT OF TERMINUS. SAID EASEMENT BEING BOUNDED _ON _ THE NORTH BY A LINE BEARING NORTH 90'00'00" WEST, AND PASSING- THROUGH THE POINT OF BEGINNING, AND BEING BOUNDED QN THE SOUTH BY A LINE BEARING N 68'55'30" W AND PASSING THROUGH THE POINT OF TERMINUS. SAID EASEMENT CONTAINING 3,102.27 SQUARE FEET MORE OR LESS.- - LINOAHL, BROWNING, FERRARI & HELLSTROM, INC. Scale CONSULTING ENGINEERS. SURVEYORS & MAPPERS 2400 S,E. MONTEREY ROAD, SUITE 300 STUART. FLORIDA 34996 (567) 286-3883 FAX: (567) 286-3925 WEST PALM BEACH 4uPI1ER STUART FORT DICRCC OKEECH06EE N/A Date 01-15-98 Field EXHIBIT "D" Page 4 of 4 4-14-99, BK, REV'D LEGAL & ACREAGE 4-2-98, BK, -REV'D LEGAL 2-11-98, BK, REV'D LEGAL REVISIONS: PROJECT NAME: SEACOAST UTILITY AUTHORITY 20' WIDE UTILITY EASEMENT WITHIN TRACT "A" VNPB PLAT 1 N/A Computed JW Checked HD Sheet Field Book N/A Pg. N/A Drawing Work Order - _ No. No. 20'A No. 2 Of 2 88-280 • • RE1 URN TO. Bruce Gregg Seacoast Utility Authority 4200 'food Road Palm Beach Gardens. P133410 EXHIBIT "3" EASEMENT DEED THIS EASEMENT DEED made and entered into this Z7 day ofOi&v6Q.C, 1999, between the Village of North Palm Beach, a Florida Municipal Corporation, (hereinafter referred to as "Grantor") whose address is 501 U.S. Highway One, North Palm Beach, Florida, 33408 and Seacoast Utility Authority (hereinafter referred to as "Grantee") whose address is 4200 Hood Road, Palm Beach Gardens, Florida, 33410. WITNESSETH: That Grantor, for and in consideration of the sum 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 cover parcels 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. 1 ORB 114Z4 Pg 1697 IN WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal as of the date first above written. WITNESS: GRANTOR: Signed, sealed and delivered in the presence of: 7 7,- c t_ Witness Signature /)r/ss /-6-A Print Name - Witness Signature ---acarlent ',Cetera It Print Name By: 'VIL AGE OF NORTH PALM BEACH E ward M. E sey, May Kathleen F. Kelly, Vflage Clerk STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instnument was acknowledged before me this /, /4( day of /Ji',,'i9,6 , 1999, by Edward M. Eissey and Kathleen F. Kelly, Mayor and Village Clerk respectively, both who are personally known to me or who have produced /✓/i9- as identification and who did not take an oath. U:\USERS\MARYANNDOCUMENI AGREE[v1NfSEXHII3ITC Notary Signature /74E1ssi A. /•E47 Print Name Notary Public - State of Florida Commission No: ee an39 My Commission Expires: (/y /3 ZOD / 2 MELISSA A. TEAL MY COMMISSION Y CC 654939 EXPIRES: Juy 13, 2001 Bonded,Thru NUWy Public Ons..w,item POINT OF COMMENCEMENT EAST 1/4 CORNER SECTION 17 - TOWNSHIP 42S. - RANGE 43E. N90'00.00"W 160.44' r- PORTION OF TRACT "A" PLAT OF THE VILLAGE OF NORTH PALM BEAC PLAT NUMBER ONE PLAT BOOK 24 - PAGES 202-206 1 FG.FND: (R) - RADIAL (P) - PLATTED ESMT - EASEMENT C/L - CENTERLINE ROW - RIGHT-OF-WAY 521'16'37"W 220.57' POINT OF BEGINNING NORTH LINE OF TRACT "B" S68'55'30"E 26.56' 521'21'00"W 103.21' POINT OF TERMINUS PLAT OF pi \i- N68155'30"W 155.00' y 20' WIDE OUTFALL EASEMENT 0 1 0 M 0 0 /BEARING BASE / THE NORTH LINE OF TRACT "A" / OF THE PLAT OF THE VILLAGE OF / NORTH PALM BEACH, PLAT NUMBER / ONE IS TAKEN TO BEAR N90'00'00"W AND ALL OTHER BEARINGS ARE - / RELATIVE THERETO -, •- / WESTERLY R.O.W. LINER •' 568155'30"E TRACT "8" THE VILLAGE -OF NORTH PALM BEACH PLAT NUMBER ONE PLAT BOOK 24 - PAGES 202-206 SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP/REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND 15 NOT V, 2. NO SEARCQIj! OF THE PUP HAS HAS BEEN MADE BY THIS OFFICE. O. HOWARD DUKES, PROFESSIONAL SURVEYOR & MAPPER STATE OF FLORIDA NO, 4533, L.B.F.H. CERTIFICATE NO. LB 959 UNDAHL, BROWNING, FERRARI & HELLSTROM, INC. Scale CONSULTING ENGINEERS, SURVEYORS & MAPPERS 2400 5.£, MONTEREY ROAD, SUITE 300 STUART. FLORIDA 34998 (561) 286-3883 FAX: (561) 286-3925 _- WEST PALM BEACH JUPITER STUART FORT PIERCE OKEECHOBEE 1". 10 Date 01-15-98 Field / 23.00' 500'00'00"W 620.92'(P) N90'00'00"W 40.00' WESTERLY RIGHT-OF-WAY LINE EXISTING 10' UTILITY ESM T. S59'15'44"E 62.64', 0t \ Q o N21'16'37"E 220.57' \ _\_ \ SCALE: 7" = 100' EASEMENT DEED EXHIBIT "A" Page 1 of 6 /C/L SOUTHWIND DRIVE (80' RIGHT-OF-WAY) DESCRIPTION SKETCH THIS IS NOT A SURVEY 4/3/98.OHD. DELETE TRACT 'A' LABELS REVISIONS: PROJECT NAME: SEACOAST UTILITY AUTHORITY 20' WIDE OUTFALL EASEMENT WITHIN TRACT "B" VNPB PLAT 1 N/A Computed zZ Checked HD Sheet Field Book N/A Pg. N/A Work Order No. 1 Of 2 Drawing No. 25"B 88-280 20' WIDE OUTFALL EASEMENT WITHIN TRACT 'B', VILLAGE OF' NORTH PALM BEACH, PLAT NUMBER ONE DESCRIPTION An easement 20.00 feet in width for outfoll purposes lying in Section 17, Township 42 South, Range 43 East, Palm Beach County, Florida. Said easement lies within a portion of Tract "B" of "The Village of North Palm Beach, Plot Number One', according to the plat thereof recorded in Plot Book 24, pages 202 through 206, of the public records of Polm Beach County, Florida and lies 10.00 feet on each side of the following described centerline, with the sidelines extending or contracting as necessary to form o continuous line: Commence of the East A corner of said Section 17, said corner being a point in the centerline of Anchoroge Drive (an 80 foot wide Right -of -Warr), per the aforesaid plot of "The Village of North Palm Beach, Plot Number One , thence S 00'00'00" W along said centerline, a distance of 620.92 feet; Thence N 90'00'00" W, perpendicular to the preceding course, a distance of 40.00 feet to a point on the West right-of-woy line of aforesaid Anchoroge Drive, - said point being 23.00 feet north of the beginning of the curve on the easterly perimeter of aforesaid troct 'A'; Thence continue N 90'00'00" W, a distance of 160.44 feet; Thence S 00'32'00" W, a distance of 263.79 feet; Thence S 59'15'44" E, a distance of 62.64 feet; Thence N 68'55'30" W, a distance of 155.00 feet; Thence S 21'16'37" W, a distance of 220.57 feet to o point on the North line of the aforesaid Tract "6", according to the aforesaid plat of "The Village of North Palm Beach, Plat Number One"; Thence S 68'55'30" E along the North line of said Tract "8", a distance of 26.56' feet to the POINT OF BEGINNING of the aforesaid easement centerline; Thence S 21'21'00" W, along said easement centerline, a distance of 103.21' to the POINT OF TERMINUS; Said easement being bounded on the north by said north line of Tract "6" and being bounded on the south by a line bearing S 68'55'30" E and passing through the POINT OF TERMINUS. Said easement containing 2,064 square feet more or less. EXHIBIT "A" Page 2 of 6 4/3/98, OHD, DELETE TRACT "A" REVISIONS: PROJECT NAME: SEACOAST UTILITY AUTHORITY 20' WIDE OUTFALL EASEMENT WITHIN TRACT "B" VNPB PLAT 1 UNOAHL, BROWNING, FERRARI & HELLSIROM, INC. Scale Sheet Field Book CONSULTING ENGINEERS. SURVEYORS & MAPPERS N/A 2400 S.E. MONTEREY ROAD, SUITE 300 N/A Field N/A 2 Of 2 Pg. N/A sTUART, FLORIOA 3499E (581) 286-3883 FAX: (561) 285-3925 Date Computed ZZ Drawing Work Order WEST PALM BEACH JUPITER STUART FORT PIERCE OKEECHOBEE 01— 1 5-98 Checked HD No 20'D No' a 88_280 TRACT "A" VILLAGE OF NORTH PALM BEACH PLAT NO. 1 (PLAT BOOK 24, PAGES 202-206) POINT OF COMMENCEMENT SOUTHWEST CORNER OF TRACT "A" VILLAGE OF NORTH PALM BEACH, PLAT NO. 1, (PLAT BOOK 24, PAGE 202-206) PALM BEACH COUNTY, FLORIDA SOUTH LINE TRACT "A" N 18'58.27" E s s 18.93' 9 76' POINT OF BEGINNING !y 3 9 s 0 \ \ 8s, p.a ;Ns\ O O TRACT "B" - VILLAGE OF NORTH PALM BEACH 4' �S PLAT NO. 1 - 6�2 7?., (PLAT BOOK 24, PAGES 202-206) 6Y IW co °4NRiv 4-6)cr>> BEARING BASE: THE SOUTH LINE OF TRACT "A", VILLAGE OF NORTH PALM BEACH PLAT N0. 1, AS RECORDED IN PLAT BOOK 24, PAGES 202-206, PALM BEACH COUNTY PUBLIC RECORDS, IS TAKEN TO BEAR S 68'55'30"E AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. CERTIFICATE' I hereby certlFy that.,the sketch of description 0' represented hereon, dated this G!' day of sketch to 19 Is true and correct to the best of my knowledge and belief, and meets the Minimum Technical andards set Forth by -the Florida Board rsuant to Section 472,027, Florida Statutes. NOTE' NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. THIS SKETCH IS BASED ON INFORMATION FURNISHED BY CLIENT OR CLIENT'S 0. HOWARD DUKES � REPRESENTATIVE. NO SEARCH OF THE PROFESSIONAL SURVEYOR AND MAPPER PUBLIC RECORDS HAS BEEN MADE BY STATE OF FLORIDA NO. 4533 THIS OFFICE. LINDAH4 BROWNING, FERRARI & HELLSTROM INC. CONSULTING ENoNEE1S,LANNERS & SURVEYORS 210 JUPITER LAKES BLVD. 2222 COLONIAL ROAD P.O. BOX 727 SUITE 201 JUPITER. FLORIDA 33468 FORT PIERCE.FLORIOA 34950 2400 S.E. MONTEREY ROAD 2000 PALM BEACH LAKES BLVD. SUITE 300 SUITE 701 STUART,FLORIDA 34996 WEST PALM BEACH. FLORIDA '14n9 Scale 1" =30' Date 6-20-95 Field Computed Checked rbe- Ok7j6 p61s \ gC4' s� EXHIBIT "A" Page 3--of 6 THIS IS NOT A SURVEY REVISIONS: PROJECT NAME: EASEMENT DESCRIPTION ANCHORAGE DRIVE 16" WATER MAIN WEST NA BK HD Sheet 1 Of 2 Drawing No. Field Book NA Pg. NA Work Order No. 88-280 0 wz 88280D1C.DWG LEGAL DESCRIP110N: AN EASEMENT FOR UTILITY PURPOSES, LYING OVER, UNDER, AND ACROSS A PORTION OF TRACT "A" AND TRACT "B", AS SHOWN ON THE VILLAGE OF NORTH PALM BEACH , PLAT NO. 1, AS RECORDED IN PLAT BOOK 24, PAGES 202-206, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LYING IN SECTION 17, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT "A"; THENCE SOUTH 68'55'30" EAST, ALONG THE SOUTH LINE OF SAID TRACT "A", A DISTANCE OF 95.16 FEET TO THE POINT OF BEGINNING. THENCE NORTH 18'58'27" EAST, DEPARTING SAID SOUTH LINE, A DISTANCE OF 18.93 FEET; THENCE SOUTH 67'21'58" EAST, A DISTANCE OF 111.50 FEET; THENCE SOUTH 2120'46" WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 67'21'58" WEST, A DISTANCE OF 95.85 FEET; THENCE SOUTH 18'58'27" WEST, A DISTANCE OF 64.44 FEET TO THE NORTHERLY LINE OF EASEMENT OF EARMAN RIVER AS DESCRIBED IN DEED BOOK 1156, PAGE 186; THENCE NORTH 67'25'17" WEST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 15.03 FEET; THENCE NORTH 18'58'27" EAST, DEPARTING SAID NORTHERLY LINE, A DISTANCE OF 60.56 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED EASEMENT CONTAINS AN AREA OF 2635 SQUARE FEET, MORE OR LESS. LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS,PIANNERS R SURVEYORS 210 JUPITER LAKES BLVD. P.O. BOX 727 JUPITER, FLORIDA 33468 2400 S.E. MONTEREY ROAD SUITE 300 STUART,FLORIDA 34996 2222 COLONIAL ROAD SUITE 201 FORT PIERCE,FLORICA 34950 2000 PALM BEACH LAKES BLVD. SUITE 701 WEST PALM BEACH, FLORIDA 33409 Scale NA Date Field NA Computed -BK 6-20-95 Checked HD EXHIBIT "A" Page 4 of 6 THIS IS NOT A SURVEY REVISIONS: PROJECT NAME EASEMENT DESCRIPTION ANCHORAGE DRIVE 16" WATER MAIN WEST Sheet Field Book NA 2 Of 2 Drawing No. Pg. NA Work Order No. 88-280 J 210 JUPITER LAKES BLVD. P.O. BOX 727 JUPITER. FLORIDA 33468 2400 S.E. MONTEREY ROAD SUITE 300 STUART,FLORIDA 34996 20' EASEMENT (OFFICIAL RECORD BOOK 6300, PAGE 1256) L S 03'30'00" W. 10.00' POINT OF BEGINNING / rN IIri I'g O M O WEST LINE TRACT "A", POINT OF COMMENCEMENT SOUTHWEST CORNER OF TRACT "A" VILLAGE OF NORTH PALM BEACH, PLAT NO. 1, (PLAT BOOK 24, PAGE 202-206) PALM BEACH COUNTY, FLORIDA TRACT "A" \ VILLAGE OF NORTHPALM BEACH PLAT NO. 1 \(PLAT BOOK 24, PAGES 202-206) OUTH LINE TRACT "A" TRACT "B" VILLAGEOFNORTH PALM BEACH PLAT NO. 1 (PLAT BOOK 24, PAGES 202-206) CI pis C O D1RFa r Cq4:/E6pOA- CIA/E. pFACAFstN BEARING BASE: THE SOUTH LINE OF TRACT "A", VILLAGE OF NORTH PALM BEACH PLAT NO. 1, AS RECORDED IN PLAT BOOK 24, PAGES 202-206, PALM BEACH COUNTY PUBLIC RECORDS, IS TAKEN TO BEAR S 68'55'30"E AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. CERTIFICATE' I hereby certify that the sketch of' description represented hereon, dated this 21st clay of JULY , 19 95., Is true and correct to the best of my knowledge and belief, and nets the Minimum Technical Standards set forth by the Florida Board of Surveyors and M.ptspler�s, pursuant to Section 472.027, Florida Statutes.) REVISIONS: ADD EXIST EASEMENT JS 9/21/95 NOTE' NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. THIS SKETCH IS BASED ON INFORMATION FURNISHED BY CLIENT OR CLIENT'S REPRESENTATIVE. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. EXHIBIT "A" Page 5 of 6 THIS IS NOT A SURVEY 0.'HOWARD -JUKES STATE OF FLORIDAVNO.OR A 4533 PER LINDAHL, BROWNING, FERRARI de HELLSTROM, INC. CONSULTNO ENGINEERS.PL NNERS 4 SURVEYORS 2222 COLONIAL ROAD SUITE 201 FORT PIERCE.FLORIDA 34950 2000 PfALRME BEOACH LAKES BLVD. Date 71 WEST PALM BEACH. FLORIDA 7-20-95 33409 Scale 1" =30' PROJECT NAME: EASEMENT DESCRIPTION ANCHORAGE DRIVE 18" FORCE MAIN WEST Sheet Field NA 1 Of 2 Drawing No. Computed BK Checked - HD Field Book NA Pg. NA Work Order No. 88-280 0 z G_ LEGAL DESCRIPTION: AN EASEMENT FOR UTILITY PURPOSES, LYING OVER, UNDER, AND ACROSS A PORTION OF TRACT "A", AS SHOWN ON THE VILLAGE OF NORTH PALM BEACH, PLAT NO. 1, AS RECORDED IN PLAT BOOK 24, PAGES 202-206, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 17, TOWNSHIP 42SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT "A"; THENCE NORTH 03'30'00" EAST, ALONG THE WEST UNE OF SAID TRACT "A", A DISTANCE OF 65.24 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE NORTH 03'30'00" EAST, ALONG SAID WEST LINE, A DISTANCE OF 10.00 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF A 20.00 FOOT WIDE EASEMENT, AS RECORDED IN OFFICIAL RECORD BOOK 6300, PAGE 1256, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, PROCEED ALONG SAID SOUTHWESTERLY LINE THROUGH THE FOLLOWING TWO COURSES: THENCE SOUTH 64'53'31" EAST, A DISTANCE OF 56.03 FEET; THENCE SOUTH 21'54'30" EAST, A DISTANCE OF 56.15 FEET; THENCE NORTH 47'39'17" WEST, DEPARTING SAID SOUTHWESTERLY LINE, A DISTANCE OF 97.82 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED EASEMENT CONTAINS AN AREA OF 1453 SQUARE FEET, MORE OR LESS. LINDAHL, BROWNING, FEERRARI & HEUSTROM INC. Scale CONSULTING ENGINFERS,PIANNERS & SUINETORS 210 JUPITER LAKES BLVD. 2222 COLONIAL ROAD NA P.O. 80X 727 SUITE 207 JUPITER, FLORIDA 33468 FORT PIERCEILORIDA 34950 2400 S.E. MONTEREY ROAD 2000 PALM BEACH LAKES BLVD. SUITE 300 SUITE 701 SRIART,FLORIDA 34996 WEST PALM BEACH, FLORIDA 33409 Date 7-20-95 EXHIBIT "A" Page 6 of 6 THIS IS NOT A SURVEY REVISIONS: PROJECT NAME: EASEMENT DESCRIPTION ANCHORAGE DRIVE 18" FORCE MAIN WEST Field NA Computed BK Checked HD Sheet 2 Of 2 Drawing No. Field Book NA Pg. NA Work Order No. 88-280 • P Return To: Bruce Gregg 420011ood Road almm Beach Gardens, FL 33410 EXHIBIT "4" LICENSE AGREEMENT Oct-28-1999 10:33as 99-43 1 452 ORB 11424 Pg 1704 111111111111111111111111 1111111 III 111111111l 111111 1111 THIS AGREEMENT entered into this,21- day of 004d(b-en; 1999, by and between the Village of North Palm Beach, a Florida municipal corporation whose address is 501 U.S Highway One, North Palm Beach, Florida 33408, hereinafter referred to as "Grantor") and Seacoast Utility Authority, (hereinafter referred to as "Grantee") 4200 Hood Road, Palm Beach Gardens, Florida 33410. WITNESS£TII: For Value Received, Grantor hereby grants to Grantee a license to install, operate and maintain sewage pumping stations in, on, under and across lands owned by Grantor, said lands being more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF The license herein granted shall be in perpetuity, provided however, in the event that Grantee ceases to use the license area for sewage pumping station purposes, then the license herein granted shall automatically terminate and all rights and privileges granted hereunder shall revert to the Grantor. Grantor hereby reserves the right to require the Grantee to relocate its facilities located in the license area herein granted to another area within the Village. In this event, Grantor shall grant to the Grantee another license agreement suitable for the purposes as stated herein and Grantor shall reimburse the Grantee for reasonable and necessary relocation expenses. Grantor hereby reserves the right to assign or transfer its interest in this license with the provision that assignee assumes all responsibility of Grantor as it relates to this agreement. ORB 1 1424 Pg 1705 IN WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal as of the date first above written. WITNESSES: Signed, sealed and delivered in the presence of: • Witness Signature GRANTOR: VILLAGE • F NORTH PALM BEACH By ward M. issey, Ma iss _ 16019-- ,_ _a/ Witness Signature Kathleen F. Kte Th arlene- tioateriaki Print Name /SI/ Print Name STATE OF FLORIDA ) COUNTY OF PALM BEACH ) 61, Village CI „in); U OV• L`' The foregoing instrument was acknowledged before me this day of ,l)/!j`fJC/,E/Z , 1999 by Edward M. Eissey and Kathleen F. Kelly, both of whom are personally known to me and who did not take an oath. DEED \LICSLIELL.wp Notary Signature /7/2//. 5r,¢ ` /,E.t Print Name Notary Public - State of Florida Commission No. re 6.5,937 My Commission Expires: Jit 7f/ /.",7 a?S/ (SEAL) .;;;. ••.,• MELISSA A. TEAL RJt MY COMMISSION Y CC 654939 $ uW - EXPIRES: JUly 13. 2001 sr ros `%TpJ4,°•• Bonds: Th:u Nubby Public UnMnvAten VILLAGE OF NORTH PALM BEACH PLAT NO.3, SECTION .2f 11 TOWNSHIP 42 SOUTH,RANGE 43 EAST, PLAT BOOK 25, PAGES 175-176, PALM BEACH COUNTY, FLORIDA M „05,1s',10 S 30.' POINT OF BEGINNING S 88'28'10" E 12.01' BEARING BASE: THE CENTERLINE OF NORTHLAKE DRIVE IS TAKEN TO BEAR _ SOUTH 01'31'50" WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO POINT OF COMMENCEMENT C EAGLE WAY WFST (60' RIGHT—OF—WAY) 30.' S 86'36'58" E 18.00' w N O Z 18.00' N 86'36'58" W 0 o n oci N • O In E.4 0 EAST RIGHT—OF—WAY NORTHLAKE DRIVE LICENSE AGREEMENT EXHIBIT "A" Page 1 of 12 THIS IS NOT A SURVEY CERTIFICATE: I hereby certify that the sketch of description represented hereon, dated this17TH day of- , 1995 Is true and correct to the best of ny knowtedge and belief, and 2-10-98, BK, REVD meets the Minimum Technic Standards set forth by the Florida Board of Surveyprs and M p rs, Aursuant to Section 472.027, Fiorlda Statutes REVISIONS' NOTEt NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. THIS SKETCH IS BASED ON INFORMATION FURNISHED BY CLIENT OR CLIENT'S 0. HOWAR➢ DUKES— REPRESENTATIVE. NO SEARCH OF THE PROFESSIONAL SURVEYOR AND MAPPER PUBLIC RECORDS HAS BEEN MADE BY STATE OF FLORIDA NO. 453 THIS OFFICE. IJNDAHL, BROWNING, FERRARI & HELLSTROM, INC. Scale CONSULTING ENCINEERS.PIANNERS & SURVEYORS 210 JUPITER LAKES BLVD. P.O. BOX 727 JUPITER, FLORIDA 33468 2400 S.E. MONTEREY ROAD SUITE 300 STUART,FLORIOA 34996 2222 COLONIAL ROAD SUITE 201 FORT PIERCE,FLORIOA 34950 2000 PALM BEACH LAKES BLVO. SUITE 701 WEST PALM BEACH, FLORIDA. Dote 5-24-95 Field PROJ. NAME & LEGAL PROJECT NAME: SEACOAST U11UTY AUTHORITY SKETCH AND LEGAL DESCRIPTION LS. 22 JS Computed MS Checked HIl Sheet Field Book SEACOAST95 0 Pg. 34 z o W p J 0 c. 2 1 O( 2 Drawing No. Work Order No. 88-280 LEGAL DESCRIPTION: ltt A PARCEL OF LAND LYING IN SECTION p! TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF NORTHLAKE DRIVE (A 60 FOOT RIGHT-OF-WAY) AND EAGLE WAY WEST (A 60 FOOT RIGHT-OF-WAY) AS SHOWN ON THE PLAT OF VILLAGE OF NORTH PALM BEACH, PLAT NO. 3, AS RECORDED IN PLAT BOOK 25, PAGES 175 AND 176, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROCEED SOUTH 01'31'50" WEST ALONG SAID CENTERLINE OF NORTHLAKE DRIVE, A DISTANCE OF 135.84 FEET; THENCE SOUTH 8828'10" EAST DEPARTING SAID CENTERLINE, A DISTANCE OF 12.01 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 86'36'58" EAST, A DISTANCE OF 18.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SAID NORTHLAKE DRIVE; THENCE SOUTH 01'31'S0" WEST ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 28.00 FEET; THENCE NORTH 86'36'58" WEST DEPARTING SAID RIGHT-OF-WAY LINE, A DISTANCE OF 18.00 FEET; THENCE NORTH 01'31'50" EAST, A DISTANCE OF 28.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 504 SQUARE FEET, MORE OR LESS. UNGAFN.. BROWNING, FERRARI & HEIJ.STROU, INC. CONSULTING ENGINEERS,PIANNERS t SURKYORS 210 JUPITER LAKES BLVO. P.O. BOX 727 JUPITER, FLORIDA 33468 2400 S.E. MONTEREY ROAD SUITE 300 STUART,FLORIOA 34996 Scale 2222 COLONIAL ROAD SUITE 201 FORT PIERCE,FLORIDA 34950 2000 PALM BEACH LAKES BLVD. Dote SUITE 701 WEST PALM BEACH, FLORIDA 5-24-95 33409 Field Computed Checked EXHIBIT "A" Page 2 Of_12 2-10-98, BK, REV'D PROJ. NAME & LEGAL REVISIONS: PROJECT NAME: SEACOAST UTILITY AUTHORITY SKETCH AND LEGAL DESCRIP110N L.S. 22 MS HD Sheet Field Book 2 Of 2 Drowing No. No. Pg. Work Order 88-280 D. HOWARD DUKES PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA NO. 4533 POINT OF COMMENCEMENT M ,L£,S£.00 S 30' cn Co (P POINT OF EGINNING S 89'24'23" E 11.25' VILLAGE OF NORTH PALM BEACH _ PLAT NO.6, SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PLAT BOOK 26, PAGE 10-12, PALM BEACH COUNTY, FLORIDA r` PELICAN WAY WEST { (601RIGHT—OF—WAY) 30' S 89'24'23" E 18.50' 0 N O N 18.50' N 8924'23" W 0 1n O) N ( CERTIFICATE. I hereby certify that the sketch of description represented hereon, dated this 17TH day of MAY 1935_ Is true and correct to the best of my knowledge and belief, and meets the Minimum Technical Standards set forth by the Florida Board of Surveyors and Mgygers, pursuant to Section 472.027, Florida Statute NOTE. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. THIS SKETCH IS BASED ON INFORMATION FURNISHED BY CLIENT OR CLIENT'S _ REPRESENTATIVE. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. UN AHL. BROWNING. FERRAR I & HELLSIROM. INC. CONSULTING ENGINEERS,PIANNERS & SURVEYORS 210 JUPITER WOES BLVD. P.O. BOX 727 JUPITER, FLORIDA 33468 2400 S.E. MONTEREY ROAD SURE 300 STUMT,FLORIDA 34996 Scale 2222 COLONIAL ROAD 1 "=20' Field SUITE 201 FORT PIERCE,FLORIDA 34950 2000 PALM BEACH LAKES BLVD. SUITE 701 WEST PALM BEACH, FLORIDA 33409 Dote 5-24-95 Computed Checked w 0 EAST RIGHT—OF—WAY LINE OF WESTWIND DRIVE EXHIBIT "A" Page 3 of 12 BEARING BASE: THE CENTERLINE OF WESTWIND DRIVE IS TAKEN TOBEAR SO'35'37"W AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. THIS IS NOT A SURVEY 2-10-98, BK, REVD PROJ. NAME & LEGAL REVISIONS: DESC. UPDATED 3/18/97 PROJECT NAME: SEACOAST UTILITY AUTHORITY SKETCH AND LEGAL DESCRIPTION L.S. 24 JS MS HD Sheet Field Book SEACOAST95 Pg. 35 Work Order No. 1 Of 2 Drawing No. 88-280 •1 LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF WESTWIND DRIVE (A 60 FOOT RIGHT—OF—WAY) AND PELICAN WAY WEST (A 60 FOOT RIGHT—OF—WAY) AS SHOWN ON THE PLAT OF VILLAGE OF NORTH PALM BEACH PLAT NO. 6, AS RECORDED IN PLAT BOOK 26, PAGES 10 THROUGH 12 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROCEED SOUTH 00'35'37" WEST ALONG THE CENTERLINE OF SAID WESTWIND DRIVE, A DISTANCE OF 116.83 FEET; THENCE SOUTH 8924'23" EAST, DEPARTING SAID CENTERLINE, A DISTANCE OF 11.25 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE SOUTH 89'24'23" EAST, A DISTANCE OF 18.50 FEET TO A POINT ON THE EAST RIGHT—OF—WAY LINE OF SAID WESTWIND DRIVE; THENCE SOUTH 00'35'37" WEST ALONG SAID EAST RIGHT—OF— WAY LINE, A DISTANCE OF 29.50 FEET; THENCE NORTH 89'24'23" WEST, - DEPARTING SAID EAST RIGHT—OF—WAY LINE, A DISTANCE OF 18.50 FEET; THENCE NORTH 00'35'37" EAST, A DISTANCE OF 29.50 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 546 SQUARE FEET, MORE OR LESS. UNDAHL. BROWNING. FERRARI & HELLSTROM. INC. CONSULTING ENGINEERS.PLN4NERS & SURVEYORS 210 JUPITER IAKES BLVD. P.D. BOX 727 JUPITER, FLORIDA 33468 2400 S.E. MONTEREY ROAD SUITE 300 STUART,rLORIDA 34996 2222 COLONIAL ROAD SUITE 201 FORT PIERCE,FLORIDA 34950 2000 PALM BEACH LAKES BLVD. SUITE 701 WEST PALM BEACH. FLORIDA 33409 Scale Dote 5-24-95 Field Computed Checked EXHIBIT "A"' Page 4 of 12 2-10-98, BK, REV'D PROJ. NAME & LEGAL REVISIONS: PROJECT NAME: SEACOAST UTILITY AUTHORITY SKETCH AND LEGAL DESCRIPTION L.S. 24 MS HD Sheet 2 Of 2 Drawing No. Field Book Pg. IWork Order No. 88-280 • • D. HOWARD DUKES PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA NO. 4533 r Lf24Q (RADIAL) POINT OF COMMENCEMENT CENTERLINE INTERSECTION OF CORSAIR DRIVE. AND E88TID£ DRIVE b �t�y S79'44'pp. O ` A.D:er, (RADIAL) E _ Csp\ i = 13'25'34" p0"WAY)\ R = 503.96' = 118.09' BEARING BASE: - - THE CENTERLINE OF CORSAIR DRIVE IS TAKEN TO BEAR N 10'09'00"W AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. = 03'20'44" R = 752.12' L = 43.92' POINT OF' BEGINNING S 31'36'27" E 16.95' = 00'48'26" R = 782.12' L = 11.02' A = 03'52'56" R - 300.00' L = 20.33' N 31'36.27s W 16.33' PLAT NO. 2, PALM BEACH LAKE WORTH ESTATES (PLAT BOOK 35. PAGE 144) SECTION 16, TOWNSHIP 42 SOUTH, RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA SOUTHERLY RIGHT—OF—WAY LINE EXHIBIT "A" Page 5 of 12 THIS IS NOT A SURVEY CERTIFICATE, I hereby certify that the sketch of description represented hereon, dated this day of 19 is true and correct to the best of ny knowledge and belief, and 2-10-98, 8K, REV'D PROJ. NAME & LEGAL meets the Minimum Technical Standards set forth by the Florida Board of' Surveyprs cnd Mapp , yrsuant to Section 472.027, Florida Statute NOTE: REVISIONS: NOTE' NOT VALID UNLESS SEALED WIT" AN EMBOSSED SURVEYOR'S SEAL. THIS SKETCH IS BASED ON INFORMATION FURNISHED BY CLIENT OR CLIENT'S REPRESENTATIVE. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. LINDAHL. BROIYNING, FERRARI & HELLSTROU. INC. CONSULUNG ENCINEERS,PtMNNERS * SURvEYORS 210 JUPITER LAKES BLVD. 2222 COLONIAL ROAD P.O. BOX 727 SUITE 201 JUPITER, FLORIDA 33466 FORT PIERCE,FLORIDA 34950 2400 S.E. MONTEREY ROAD 2000 PALM BEACH LAKES BLVD. Dote SUITE 300 SUITE 701 STUART.FLORIDA 34996 WEST PALM BEACH, FLORIDA 6-6- 95 33409 Scale 1"=40' PROJECT NAME: SEACOAST UTILITY AUTHORITY SKETCH AND LEGAL LS. 26 Field JS Computed Checked BK HD Sheet 1 Of 2 Drawing No. Field Book SEACOAST95 a Pg. 36.-3 z g Work Order m w No. 88-280 LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF CORSAIR DRIVE (A 60 FOOT RIGHT—OF—WAY) AND EBBTIDE DRIVE (A VARIABLE RIGHT—OF—WAY) AS SHOWN ON PLAT NO. 2, PALM BEACH LAKE WORTH ESTATES, AS RECORDED IN PLAT BOOK 35, PAGE 144, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID POINT BEING A POINT ON A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 503.96 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 19'44'00" EAST; THENCE SOUTHWESTERLY ALONG THE CENTERLINE OF SAID EBBTIDE DRIVE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13'25'34", A DISTANCE OF 118.09 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 752.12 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03'20'44", A DISTANCE OF 43.92 FEET; THENCE SOUTH 29'48'50" EAST DEPARTING SAID CENTERLINE, A DISTANCE OF 13.16 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE SOUTH 31'36'27" EAST, A DISTANCE OF 16.95 FEET TO A POINT ON THE SOUTHERLY RIGHT—OF—WAY LINE OF SAID EBBTIDE DRIVE; SAID POINT BEING A POINT ON A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 782.12 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 29'53'40" WEST; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY RIGHT—OF—WAY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00'48'26", A DISTANCE OF 11.02 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 300.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03'52'56", A DISTANCE OF 20.33 FEET; THENCE NORTH 31'36'27" WEST DEPARTING SAID SOUTHERLY RIGHT—OF—WAY LINE, A DISTANCE OF 16.33 FEET; THENCE NORTH 58'23'33" EAST, A DISTANCE OF 31.33 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 516 SQUARE FEET, MORE OR LESS. UNDAHL. BROWNING. FERRARI & HELLSTRO$A. INC. CONSULTING ENGINEERSPLANNERS k SURVEYORS 210 JUPITER LAKES BLVD, P.O. BOX 727 JUPITER, FLORIDA 33468 2400 S.E. MONTEREY ROAD SUITE 300 STUART,FLORIOA 34996 2222 COLONIAL ROAD SUITE 201 FORT PIERCE,FLORIDA 34950 2000 PALM BEACH LAKES BLVD. SUITE 701 WEST PALM BEACH. FLORIOA Scale NA Date 6-6-95 EXHIBIT "A" Page 6 of 12 THIS IS NOT A SURVEY 2-10-98, BK, REV'D PROJ. NAME & LEGAL REVISIONS:. PROJECT NAME: SEACOAST UTILITY AUTHORITY SKETCH AND LEGAL L.S. 26 Field JS Computed BK Checked lilt Sheet 2 Of 2 Drawing Work Order No. Field Book SEAC0AST95 Pg. 36-37 No. 88 — 280 O Z LsJ 88280D4,DWG 0. HOWARD DUKES PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA NO. 4533 LINE L1 L2 L3 L4 L5 PLAT OF THE YACHT CLUB ADDITION TO THE VILLAGE OF NORTH PALM BEACH PLAT BOOK 26, PAGES 249-251, PALM BEACH COUNTY, FLORIDA SECTION 16, TOWNSHIP 42 SOUTH, RANGE 43 EAST. C\L LIGHTHOUSE DRIVE (90' RI!'EIT—OF—INAY� _ _ (RADIAL) N 85'33'34 W L4 51.04' 2 POINT OF BEGINNING I DIRECTION I DISTANCE S 01'49'05" W 7.71' N 87'36'26" W 35.30' N 01'49'05" E 15.00' S 87'36'26" E 35.30' S 01'49'05" W 7.29' THIS IS NOT A SURVEY cp = 00'38'46"L�' R I= 1097.62' T L = 12.38' EXHIBIT "A" Page 7 of 12 BEARING BASE: THE CENTERLINE OF LIGHTHOUSE DRIVE IS TAKEN TO BEAR NORTH 85'33'34" WEST, AND ALL OTHER BEARINGS ARE RELATIVE THERETO. CERTIFICATE+ I hereby certlFy that the sketch aF pyscriptlon represented hereon, dated thislBTH day of MAY 1995 is true and correct to the best of' ny knowledge and belief, and 2-10-98, BK, REV'D PROJ. NAME & LEGAL meets the Minimum Technical Standards set Forth by the Florida Board of Surveyoys and Magpf pyrsuant to Section 472.027, Florida Statutesl REVISIONS' - ����/ NOTE' NOT VALID UNLESS SEALED WITH AN EMBUSSED SURVEYOR'S SEAL. THIS SKETCH TS BASED ON INFORMATION FURNISHED BY CLIENT ORCLIENT'S- REPRESENTATIVE. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. IJRDAHL. BROWNING. FERRARI & HEL SIRON. INC. CONSULTING MGINEERS,PVNNERS K SURVEYORS 210 JUPITER LAKES BLVD. P.O. BOX 727 JUPITER, FLORIDA 33468 2400 S.E. MONTEREY ROAD SUITE 300 STUART ,FLORIDA 34996 2222 COLONIAL ROAD SUITE 201 FORT PIERCE,FLORIDA 34950 2000 PALM BEACH LAKES BLVD. SUITE 701 WEST PALM BEACH. FLORIDA 33409 Scale 1 "=60' Dote 05-19-95 Field Computed Checked PROJECT NAME: SEACOAST UTILITY AUTHORITY SKETCH AND LEGAL LS. 27 CK CK HD Sheet 1 0f 2 Drowing No. Field Book SC8 Pg. 40 Work Order No. 88-280 o E z J co w IO CO LEGAL DESCRIPTION A PARCEL OF _LAND LYING IN SECTION 16, TOWNSHIP _42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF LIGHTHOUSE DRIVE (A 90 FOOT RIGHT—OF— WAY) AND LAKESIDE DRIVE (A 60 FOOT RIGHT—OF—WAY), AS SHOWN ON THE PLAT -OF YACHT CLUB ADDITION TO THE VILLAGE OF NORTH PALM BEACH, AS RECORDED IN PLAT BOOK 26, PAGES 249-251, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROCEED NORTH 85'33'34" WEST, ALONG THE CENTERLINE OF SAID LIGHTHOUSE DRIVE, A DISTANCE OF 51.04 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 1097.62 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00'38'46" A DISTANCE 12.38 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE DEPARTING SAID CENTERLINE SOUTH 01'49'05" WEST, A DISTANCE OF 7.71 FEET(L1); THENCE NORTH 87'36'26" WEST, A DISTANCE OF 35,30 FEET(L2); THENCE NORTH Ot 49'05" EAST, A DISTANCE OF 15.00 FEET(L3); THENCE SOUTH 87'36'26" EAST, A DISTANCE OF 35.30 FEET(L4); THENCE SOUTH 01'49'05" WEST, A DISTANCE OF 7.29 FEET(L5) TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 529.5 SQUARE FEET, MORE OR LESS. UNDAHL. BROWNING, FERRARI & HELI.STROM. INC. CONSULTING ENGINEERS•PLMINERS & SURVEYORS 210 JUPITER LAKES BLVD. P.O. BOX 727 JUPITER, FLORIDA 33468 2400 S.E. MONTEREY ROAD SUITE 300 STUART,FLORIDA 34996 2222 COLONIAL ROAD SUITE 201 FORT PIERCE,FLORIDA 34950 2000 PALM BEACH LAKES BLVD. SUITE 701 WEST PALM BEACH, FLORIDA •14nn Scale Dote 05-19-95 EXHIBIT "A" Page 8 of,12 2-10-98, BK, REVD PROJ. NAME & LEGAL REVISIONS: PROJECT NAME: SEACOAST UTILITY AUTHORITY SKETCH AND LEGAL L.S. 27 Feld CK Computed CK Checked HD Sheet 2 Of 2 Drawing N o. Field Book SC8 Pg. 40 Work Order No. 88-280 0 • Z 0 co m CONSULTING ENGINEERS,PUNNERs & SURVEYORS 210 JUPITER LAKES BLVD. 2222 COLONIAL ROAD P.O. BOX 727 SUITE 201 JUPITER, FLORIDA 33468 FORT PIERCE.FLORIDA 34950 2400 S.E. MONTEREY ROAD 2000 PALM BEACH LAKES BLVO. SUITE 300 SUITE 701 STUART.FLORIOA 34996 WEST PALM BEACH, FLORIDA 33409 CURVE Cl CURVE TABLE RADIUS I LENGTH 2310.00' 21.50' YACHT CLUB ADDITION TO - VILLAGE OF NORTH PALM BEACH, SECTION 9, TOWNSHIP 42 SOUTH, RANGE 43 EAST, - PALM BEACH COUNTY, FLORIDA PLAT BOOK 26, PAGES 249-251 _ Li L2 L3 NB�S�E RADIAL BEARING LINE TABLE S80'47'16"W 20.49' N80'47'16"E 20.32' S9'12'44"E 21.50' S80'59'02"W 9.51' POINT OF COMMENCEMENT 30' t 3o' /� r o�pRM Nj o f W PVl '2. BEARING BASE: THE CENTERUNE OF FATHOM ROAD IS TAKEN TO BEAR NORTH 7023'00"EAST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. THIS IS NOT A SURVEY CERTIFICATE: I hereby certify that the sketch of description represented hereon, dated this 16th day of MAY , 1995 is -true and correct to the best of my knowledge and belief, and meets the Minimum Tec nt Standards set forth by the Florida Board of Surv-, ors and O. HOWAR PROFEESSIONA D SURVEYOR AND MAPPER STATE OF FLORIDA NO. 4533 pursuant to Section 472.027, Florida Statutes NOTE. NOT VALID UNLESS SEALED VI_TH AN EMBOSSED SURVEYOR'S SEAL.. THIS SKETCH IS BASED ON INFORMATION FURNISHED BY CLIENT OR CLIENT'S REPRESENTATIVE, NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. LJNDA}L, BROWNING, FERRARI & FELI.STROM, INC. Scale 1 "=50' Dote 5-24-95 DELTA 00'32'00" I POINT OF BEGINNING = 02'56'17" R = 2280.00' L = 116.92' i RADIAL EXHIBIT "A" Page 9 of 12 2-10-98, BK, REV'D PROJ. NAME & LEGAL REVISIONS: PROJECT NAME: SEACOAST UTILITY AUTHORITY SKETCH AND LEGAL DESCRIPTION L.S. 28 Field MS Computed MS Checked HD Sheet 1 0f 2 Drawing No. Field Book SEACOASTS d E Pg. 44-4 z as Work Order $ LL " No. 88-280 co II� LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 9, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF LAKESIDE DRIVE (A 60 FOOT RIGHT-OF-WAY) AND FATHOM ROAD (A 60 FOOT RIGHT-OF-WAY) AS SHOWN ON THE PLAT OF YACHT CLUB ADDITION TO VILLAGE OF NORTH PALM BEACH, PLAT BOOK 26, PAGES 249 THROUGH 251, AS RECORDED IN PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON A CURVE CONCAVE TO THE EAST, WITH A RADIAL BEARING OF NORTH 78'02'45" EAST, AND HAVING A RADIUS OF 2280 FEET; THENCE PROCEED NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02'56'17", A DISTANCE OF 116.92 FEET; THENCE SOUTH 80'59'02" WEST, A DISTANCE OF 9.51 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE SOUTH 80'47'16" WEST, A DISTANCE OF 20,49 FEET (LI) TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID LAKESIDE DRIVE, SAID POINT BEING ON A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2310.00 FEET, THROUGH WHICH A RADIAL LINE BEARS NORTH 80'58'56" EAST; THENCE PROCEED NORTHERLY ALONG THE ARC OF SAID CURVE, AND ALONG THE WEST RIGHT-OF-WAY LINE OF SAID LAKESIDE DRIVE, THROUGH A CENTRAL ANGLE OF 00'32'00", A DISTANCE OF 21,50 FEET; THENCE NORTH 80'47'16" EAST, DEPARTING SAID WEST RIGHT-OF-WAY LINE OF LAKESIDE DRIVE, A DISTANCE OF 20.32 FEET (L2); THENCE SOUTH 0912'44" EAST, A DISTANCE A DISTANCE OF -21.50 FEET TO THE POINT OF BEGINNING (L4). SAID PARCEL CONTAINS 439 SQUARE FEET, MORE OR LESS, LINDAHL BROWNING, FERRARI le HELLSTROM, INC. CONSULTING ENGINEERS.PLIMINERS k SURVEYORS 210 JUPITER LAKES BLVD. P.O. BOX 727 JUPITER. FLORIDA 33468 2400 S,E. MONTEREY ROAD SUITE 300 STUART.FLORIDA 34996 2222 COLONIAL ROAD SUITE 201 FORT PIERCE,FLORIDA 34950 2000 PALM BEACH LAKES BLVD. SUITE 701 WEST PALM BEACH, FLORIW T Scale Dote 5-24-95 Field Computed Checked EXHIBIT "A" Page 10 of 12 2-10-98, BK, REV'D PROD. NAME & LEGAL REVISIONS: PROJECT NAME: SEACOAST UTILITY AUTHORITY SKETCFI AND LEGAL DESCRIPTION L.S. 28 MS Hfl Sheet 2 Of 2 Drawing No. No, 88-280 Field Book SEACOASTS Pg, 44-4v Work Order O z L,1 J LL 8828006.0WG LOT 83 LOT g4 1 30' N78'24'35"E 10.00'"-,.�� LOT 85 LOT 86 LOT 57 30' LINE L1 L2 L3 L4 CAL GREEN"AWA ( 60' R1GHT_0 POINT OF BEGINNING 3 POINT OF COMMENCEMENT LOT 54 PLAT OF GQLF COURSE ADDITION TO THE VILLAG OF NORTH PALM BEACH PLAT BOOK 27, PA96, AND 97. I DIRECTION I DISTANCE N 78'24'35" E 20.00' S 11'35'25" E 47.00' S 78'24'35" W 20.00' N 11'35'25" W 47.00' LOT 55 LOT LOT 82 EASTERLY RIGHT OF WAY LINE OF FAIRWAY DR VE SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP/REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT V 2. NO SEARCH THE PURL 110( HAS BEEN MADE BY THIS OFFICE. /� 0. HOWARD DUKES, PROFESSIONAL SURVEYOR & MAPPER STATE OF FLORIDA NO. 4533, L.B.F.H. CERTIFICATE NO. LB 959 LINOAHL, BROWNING, FERRARI & HELLSTROM, INC. Scale CONSULTING ENGINEERS. SURVEYORS & MAPPERS 2400 S.E. MONTEREY ROAD, SUITE 300 STUART. FLORIDA 34996 (561) 286-3883 FAX: (561) 286-3925 1 "=60' Field Dale _ _ Computed OK WEST PALM BEACH JUPITER STUART FORT PIERCE OKEECHOBEE 01 T1 6-98JChecked HD `6 R GN LOOF W AY;E 81 EXHIBIT "A" Page 11 of 12 . BEARING BASE: THE CENTERLINE OF FAIRWAY DRIVE IS TAKEN TO BEAR N11'35'25"W AND ALL OTHER BEARINGS ARE RELATIVE THERETO. THIS IS NOT A SURVEY 6-12-98, BK, ADD 10 FEET TO EASEMENT 5-11-98, BK, REVD DIMENSION ALONG FAIRWAY DRIVE 2-10-98, BK, REVD PROJ. NAME -& LEGAL REVISIONS: PROJECT NAME: - SEACOAST UTILITY AUTHORITY SKETCH AND LEGAL DESCRIPTION L.S. 31 Sheet _ Field Book SC8 CK 1 Of 2 Pg. 1 Drawing Work Order No. No. 88-0280 d 2 W 7_ ESMT-D7,DWC LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING Iv10RE PARTICULARLY DESCRIBED _ AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF FAIRWAY DRIVE, AND OVERLOOK DRIVE AS SHOWN ON THE PLAT OF THE GOLF COURSE ADDITION TO THE VILLAGE OF NORTH PALM BEACH, AS RECORDED IN PLAT BOOK 27, PAGES 96, AND 97 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROCEED NORTH 11'35'25" WEST ALONG SAID CENTERLINE OF SAID FAIRWAY DRIVE, A DISTANCE OF 181.50 FEET; THENCE NORTH 78'24'35" EAST, DEPARTING SAID CENTERLINE, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 78'24'35" EAST, A DISTANCE OF 20.00 FEET(L1) TQ. A POINT ON THE EASTERLY RIGHT -Or --WAY OF SAID FAIRWAY DRIVE; PROCEED ALONG SAID RIGHT—OF—WAY SOUTH 11°35'25" EAST, A DISTANCE -OF _ 47.00 FEET(L2); THENCE SOUTH 78'24'35" WEST, A DISTANCE OF 20.00 FEET(L3); THENCE NORTH 11'35'25" WEST, A DISTANCE OF 47.00 FEET(L4) TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 940 SQUARE FEET MORE OR LESS. LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. Scale CONSULTING ENGINEERS, SURVEYORS & MAPPERS 2400 S.E. MONTEREY ROAD, SUITE 300 STUART, FLORIDA 34996 (561) 286-3883 FAX: (561) 286-3925 WEST PALM ❑EACII JUPITCR STUART fORT PIERCE OKCU:1100[C NA Dote 01-16-98 EXHIBIT "A" Page 12 of 12 THIS IS NOT _A SURVEY 6-12-98, BK, REV'D LEGAL- 5-11-98, BK, REV'D-LEGAL 1 2-10-98. BK, REV'D PROJ. NAME & LEGAL REVISIONS: _ PROJECT NAME: SEACOAST UTILITY AUTHORITY SKETCH AND LEGAL DESCRIPTION L.S. 31 Field CK Computed CK Checked HD Sheet. Field Book SC8 2 0f 2 Pg, 1 Drawing Work Order No. No. 88-0280 0 z w -J ESMT-D7.DWG • • EXHIBIT "5" LEASE AGREEMENT THIS AGREEMENT entered into this en day of QC-fott , 1999, by and between SEACOAST UTILITY AUTHORITY, a Florida legal entity (hereinafter called "Lessee") and the VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation (hereinafter called "Lessor"). WITNESSETH: Section 1. DEMISE. In consideration of the covenants, terms, conditions and agreements hereafter set forth, Lessor hereby leases to Lessee, and Lessee hereby takes from Lessor the use of all buildings, tanks, structures, pipelines, and appurtenances (hereinafter referred to as the "Facilities") located upon the real property more fully described on Exhibit "A" attached hereto and made a part hereof (hereinafter the "Property"), consisting of 1.68 acres, more or less, SUBJECT, HOWEVER, TO TFIE FOLLOWING: A. Present and future zoning laws, ordinances, resolutions and regulations of the county or state in which the Facilities is located and all present and future ordinances, laws, regulations and orders of all boards, bureaus, commissions and bodies of any municipal, county, state or federal sovereigns now or hereafter having or acquiring jurisdiction over or affecting the Facilities and the use and improvement thereof, except that Lessor shall neither enact nor enforce any code or ordinance, resolution, rule or order which restricts Lessee's present use of the Facilities; B. Condition and state of repair of the Facilities as the same may be on the date of commencement of the term of this Lease. This Lease is granted and accepted upon the foregoing and upon the following covenants and conditions, and subject to the following restrictions, to all and every one of which the parties consent; and each of the parties hereby expressly covenants and agrees to keep, perform and observe all of the Terms, covenants and conditions herein contained on its part to be kept, performed and observed. Section 2. TERM OF LEASE. The tom of this Lg a shall be for a period of five (5) VCLcommencing o the 2i day of Orcohsc 19 rj and ending on the 2.7 day of ca ( , 2,cc' if, Lessee may terminate the Lease upon three hundred and sixty-five (365) days written notice to Lessor. Section 3. RENT. Lessee shall pay to Lessor as rent for the use of the Facilities, in such currency of the United States of America as at the time of payment shall be legal tender for the payment of public and private debts, the total sum, of $10.00 per year, payable in advance. All payments shall be made to Lessor without notice, demand and without abatement, deduction or setoff, at 501 U.S. Highway One, North Palm Beach, Florida 33408, or at such other place and to such other person as Lessor may from time to time designate in writing. Section 4. USE OF FACILITIES. The Facilities shall be used and occupied by Lessee for purposes consistent with normal utility operations, including but not limited to, receiving, storing and pumping sewage. Lessee shall have the right to erect and construct apparatus or whatever other improvements that it may deem necessary or advantageous to the facilitation of the aforesaid purposes, subject to prior approval of Lessor of such improvements, which approval shall not be unreasonably withheld. It is understood and agreed that the Lessee shall undertake and bear all construction and maintenance costs, for any equipment that may be erected or utilized in the furtherance of the aforesaid purposes, Upon termination of this Lease Agreement, the Lessee may, at its sole option, remove any Lessee added improvements which may then be located on the leased premises. Lessor may, upon written notice delivered to Lessee within thirty days following termination of this Lease, require Lessee to remove any Lessee added improvements to Property installed after the beginning date of the term of this Lease. Title to all buildings, tanks, structures, equipment, furnishings, fixtures or other apparatus remaining on the Property ninety days after termination or expiration of this Lease Agreement shall thereafter remain in the name of the Lessor. It is expressly understood that in the event of removal of Lessee added Facilities, the premises shall be left in as good a condition as they were upon the assumption of tenancy hereunder. Lessee shall have no obligation to demolish or remove Facilities from Property, in whole or in part. Lessee shall not require any permit or permission from Lessor to demolish and/or remove any Lessee added improvement to the premises. Section 5. MAINTENANCE. Lessee shall, at Lessee's sole cost and expense, keep and maintain the Facilities in good order and repair. Lessee's obligation to maintain the Facilities in good order and repair is not intended nor shall it be construed to impose the obligation upon Lessee to make major replacements or repairs, such as painting, roof, structural repairs and air conditioning. Lessee, and not Lessor, shall have the right to determine the distinction between ordinary repair and maintenance and major replacement or repair. Lessor has no repair obligation whatsoever, however, and Lessee may terminate the Lease whenever it determines not to make a major repair. Lessee shall, at Lessee's sole cost and expense, use diligence to put, keep and maintain all portions of the Facilities in a clean and orderly condition. Lessee shall be required to maintain water, telephone and electrical service to Facilities if Lessee requires service. Lessor shall not be required to furnish to Lessee any facilities or services of any kind whatsoever during the term hereof', such as, but not limited to, water, gas, electricity, light and power. Lessor shall in no event be required to make any alterations, rebuildings, replacements, changes, additions, improvements or repairs during the term of this Lease. Section 6. REPRESENTATIONS. Lessee covenants and warrants that Lessee has inspected the Facilities and is fully familiar with its physical condition. Neither Lessor nor Lessor's agents have made any representations or warranties whatsoever about or in connection with the Facilities' condition, location, drainage or the use to which the Facilities can be put. Neither Lessor nor Lessor's agents have made any representations or warranties regarding any buildings, improvements, fixtures or equipment (if any) on or appurtenant to the Facilities. - Neither Lessor nor Lessor's agents shall be liable to Lessee, Lessee's agents, servants, employees or contractors for any latent or patent defects on the Facilities. - - - - Section 7. COMPLIANCE WITH LAW. Throughout the term of this Lease, Lessee, at Lessee's sole cost and expense, shall promptly comply with all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, departments, commissions, boards and officers, foreseenorunforeseen, ordinary as well as extraordinary, which may be applicable tooraffect the Facilities except that Lessor shall neither enact nor enforce any code, ordinance, resolution, rule, or order of the Lessor which restricts Lessee's use of the Facilities. Lessee shall Iikewise observe and comply with the requirements of all policies of public liability, fire and all other policies of insurance required to be carried by Lessee at any time with respect to the Facilities, whether or not such observance or compliance is required by reason of any condition, event or circumstance existing prior to or after the commencement of the term of this Lease, and Lessee shall, in the event of any violation or any attempted violation of the provisions of this section by any permitted subtenant, take steps, immediately upon knowledge of such violation or attempted violation, to remedy or prevent the same as the case may be. 7.1. LESSEE'S RIGHT TO CONTEST COMPLIANCE. Lessee shall have the right to contest in good faith, at Lessee's sole expense and liability, the applicability of any laws and the right not to comply with same, provided that (a) Lessee promptly notifies Lessor of its intent to so contest and, from time to -time, of the progress of such contest, and (b) that Lessee's noncompliance during Lessee's contest shall not cause Lessor to be subject to any civil or criminal liability nor cause Lessor's interest in the Facilities or any part thereof to be in imminent 2 danger of being foreclosed, forfeited, sold or lost, and (c) that Lessee's non-compliance during Lessee's contest shall not cause Lessee to be subject to any criminal liability, and (d) Lessee deposits with Lessor (1) an amount reasonably determined to be sufficient by Lessor to comply with same or (2) a bond by a surety company approved by Lessor in an amount reasonably determined to be sufficient by Lessor to provide for the full cost of compliance with same in the event that Lessee shall be unsuccessful, and (e) such contest shall be without expense or liability to Lessor. Section 8. NUISANCES. Lessee shall not use or allow the Facilities to be used for any unlawful purpose or in violation of any certificate of occupancy or permit covering or affecting the use of the Facilities or any part thereof or which may constitute a nuisance, public or private, or which may make void or voidable any insurance then in force with respect thereto. Lessee shall not suffer or permit the Facilities or any portion thereof to be used by the public, as such, without restriction or in such manner as might reasonably tend to impair Lessor's title to the Facilities or any portion thereof, or in such manner as might reasonably make possible claim or claims of adverse usage, adverse possession or prescription by the public, as such, or of implied dedication of the Facilities or any portion thereof. Lessee hereby acknowledges that Lessor does not hereby consent, expressly or by implication, to the unrestricted use or possession of the whole or any portion of the Facilities by the public. Section 9. WASTE. Lessee shall not commit or permit the commission by others of any waste or damage to the Facilities or any part thereof Lessee shall have no right to take or remove any water, shell, topsoil, dirt, sand, timber or minerals from the Property. Lessee shall not cut live trees on the Property, for any reason, without prior written consent of Lessor. Section 10. IMPROVEMENTS TO FACILITIES. Except as provided in Section 4, Lessee shall make no alterations, additions or improvements to the Property, without the prior written consent of Lessor, which consent will not be unreasonably withheld. All additions or improvements which may be made by Lessee shall, at the expiration of the term of this Lease or upon the earlier termination hereof at the option of Lessee, or upon written notice from Lessor to Lessee as set forth in Section 4, be removed by Lessee, at Lessee's sole cost and expense. Section 11. RELEASE OF LIABILITY. All persons and Facilities of any kind at any time on or about the Property or Facilities shall be, at the sole risk of Lessor, and neither Lessee nor Lessee's agents shall have any responsibility for and will not be liable for any damage to or destruction of any property or for personal injury to anyone or about the Property or Facilities by any cause whatsoever. It is understood and agreed that nothing under the terms of this Lease or any usage of the Property or Facilities will render Lessee or Lessee's agents liable for injury to any persons or for damage to property of Lessor, Lessor's employees, agents, servants, contractors or invitees, and Lessor hereby releases Lessee and Lessee's agents from any and all liability in connection therewith. Lessee agrees to use the Facilities at Lessee's own risk, and hereby (for Lessee and all persons claiming under, by or through Lessee) releases Lessor, Lessor's agents, servants, contractors and employees from all claims and demands of every kind resulting from any accident damage or injury occurring on or about the e Property and resulting from Lessee's use of the Facilities. Lessee shall not be responsible for clean-up, removal of hazardous substances or waste or remedial work therefore, unless such matters occur during the term of the Lease and not as a consequence of any activity of Lessor. - - - Section 12. UTILITIES/TAXES. Lessee shall pay (a) all charges of any sort for water, gas, electricity and other utilities furnished to or used by Lessee in operating the Facilities and (b) all taxes and all other fees or charges accruing or due with respect to any activity or business conducted by Lessee on the Facilities, including all lease and permit fees, but excluding real Facilities taxes. Section 13. LESSEE'S RIGHT OF ENTRY. Lessor shall permit Lessee and Lessee's authorized representatives to enter the Property at all reasonable times for any purpose consistent with Lessee's activities herein set forth. Lessee shall not be liable for inconvenience, annoyance or other damage to Lessor by reason of such activities or the performance of any related work, or on account of bringing materials, tools, supplies and equipment onto the Facilities during the course thereof and the obligations of Lessor under this Lease shall not be affected thereby. 3 Nothing herein shall imply any duty upon the part of Lessor to do any such work; and performance thereof by Lessor shall not constitute a waiver of Lessee's default in failing to perform the same. - - Section 14. INSURANCE. Lessee covenants and agrees to maintain in full force throughout the term of this Lease, at Lessee's own cost and expense, one or more policies of comprehensive general public liability (minimum liability limit $10 million), automobile liability (minimum liability limit $10 million), workers compensation (minimum liability limit as required by law or $1 million, whichever is greater) and property damage (minimum limit $10 million) insurance insuring Lessee and Lessor (and such other person or persons designated by Lessor) against claims for personal injury and death and Facilities damage occurring on or about the Property and on and about adjoining private roadways and private drainage canals and structures. Each such policy shall be subject to the advance approval of Lessor as to form and insurance company and shall contain a provision that it cannot be canceled or amended, insofar as it relates to the Property, without at least thirty (30) days' prior written notice to Lessor. Lessee covenants and agrees to maintain in full force throughout the term of this Lease, at Lessee's own cost and expense, workers' compensation insurance for the protection of Lessee's employees at any time on the Property and all insurance required by ordinance, law or governmental regulation. Lessee covenants and agrees to maintain in full force throughout the term of this Lease, at Lessee's own cost and expense, insurance coverages normal for the operation of the sewage collection, storage, pumping and conveyance facilities located at the Property. Section 15. ASSIGNMENT AND SUBLETTING. Lessee shall not assign this Lease, nor sublet the Facilities or any part thereof without the prior written consent of Lessor, which Lessor - may grant or withhold, in Lessor's sole discretion. Lessee may not mortgage this Lease in whole or in part without the prior written consent of Lessor. Nothing contained herein shall be construed as prohibiting any assignment by Lessor and Lessor does not need any consent of Lessee to assign this Lease or any interest of Lessor in the Facilities. Section 16. SUBORDINATION. All ground or underlying leases or subleases, including, without limitation, sale leaseback or lease leaseback leases to which Lessor is or may become a party as tenant or subtenant thereunder and all mortgages, deeds of trust or conveyances for security purposes, which may now or hereafter affect the real Facilities of which the Facilities forms a part, and to all renewals, replacements, modifications, consolidations and extensions of any thereof shall be subject and subordinate to this Lease Agreement. Lessor, in confirmation of the subordination provided for in this section, shall execute and deliver promptly any certificate or instrument, which Lessee may at any time require in connection herewith. Section 17. MECHANIC'S LIENS. Lessee shall have no power, to and shall not subject the Facilities or Lessor's interest in the Facilities to any mechanic's, laborer's, materialman's or other liens. If any mechanic's or other liens or order for the payment of money shall be filed against the Property or Facilities by reason of or arising out of any labor or material furnished or alleged to have been furnished or to be furnished to or for Lessee at the Property, or for or by reason of any change, alteration or addition or the cost or expense thereof or any contract relating thereto, Lessee shall cause the same to be canceled and discharged of record, by bond or otherwise as allowed by law, at the expense of Lessee, within five (5) days after written demand therefore, and shall also defend on behalf of Lessor, at Lessee's sole cost and expense, any action, suit, or proceeding which may be brought thereon or for the enforcement of such liens or orders, and Lease will pay any damages and satisfy and discharge any judgment entered therein and save harmless Lessor from any claim or damage resulting therefrom. Lessee's failure to comply with this section shall give Lessor the right to avail Lessor of the remedies in Section 20 of this Lease, upon the expiration of said demand, without any additional or other notice as 4 required by Section 20 of this Lease. Section 18. LESSEE'S INDEMNIFICATION OF LESSOR. Lessee shall indemnify and save harmless Lessor and Lessor's agents against and from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable engineers' and attorneys' fees, which may be imposed upon, incurred by or asserted or claimed against Lessor or Lessor's agents by reason of any of the following occurrences during the term of this Lease: - A. Any work or thing done in, on or about the Facilities or any part thereof by Lessee or any party other than Lessor or Lessor's agents; B. Any use, non-use, possession, occupation, condition, operation, maintenance or management of the Facilities or any part thereof by Lessee; C. Any negligence on the part of Lessee or any of Lessee's agents, contractors, servants, employees, sublessees, lessees or invites; D. Any failure on the part of Lessee or anyone holding by, through or under Lessee to perform or comply with any of the covenants, agreements, terms, provisions, conditions or limitations contained in this Lease on Lessee's part to be performed or complied with. If any action or proceeding is brought against Lessor or Lessor's agents or any claim is asserted against Lessor or Lessor's agents arising from or in any way relating to anything described in Sections 18 A through D above, then Lesseemay, at Lessee's expense, resist or defend such claim or action or proceeding by counsel approved by Lessor in writing, which approval Lessor agrees not unreasonably to withhold. If- Lessee has supplied Lessor with insurance policies covering any of the aforementioned risks, no claim shall be made against Lessee- unless and until the insurer shall fail or refuse to defend and/or pay all or any part thereof. Section 19. EMINENT DOMAIN. In the event that the entire Property shall be taken under any condemnation or eminent domain proceedings or by private purchase under threat of condemnation during the term hereof, or in the event any portion of the Property shall be taken in any such proceedings and the remaining portion shall not be suitable or adequate for the uses and purposes for which the Property is being utilized by Lessee, then, and in any such event, this Lease shall terminate on the date of such taking, and any rental paid in advance shall be apportioned and promptly refunded to Lessee. - If a portion of the Property shall be taken under any condemnation or eminent domain proceedings or by private purchase under threat of condemnation during the term hereof, and the remaining portion of the Property not taken or condemned shall be suitable and adequate for the uses and purposes of Lessee, permitted by this Lease, then, in such event, this Agreement shall be and remain unaffected by such condemnation or eminent domain proceedings as to such remaining Property unaffected by such proceeding, except that, effective as of the date of such taking, the rental shall be diminished by an amount representing the part of the rental applicable to that portion, if any, of the Property which is so condemned or taken. All compensation awarded or paid upon a total or partial taking of the Property, including the value of the estate created hereby, shall belong to and be the property of Lessor without any participation by Lessee; provided, however, that nothing contained herein shall be construed to preclude Lessee, at Lessee's sole cost and expense, from independently prosecuting any claim directly against the condemning authority for loss or interruption of business -and/or depreciation to, damage to, and/or cost of removal of and/or for the value of Property, improvements to Property, and/or trade fixtures, furniture and other personal property belonging to Lessee; provided, however, that no such claim shall diminish or otherwise adversely affect Lessor's award or other awards of any and all ground and underlying lessors or mortgagees. Section 20. DEFAULT. 20.1 Each one or more of the following events shall be deemed default by Lessee and a breach of this Lease: 5 A. Lessee's failure to observe, perform or comply with any of the terms, covenants or conditions in this Lease; B. The adjudication of Lessee as insolvent or bankrupt; the taking by Lessee of the benefit of any other insolvency act or procedure, which tenn includes any form of proceeding for reorganization or arrangement or rearrangement under any present or future state or federal bankruptcy act, as well as assignment for the benefit of creditors; or the appointment of a receiver or liquidator remains undischarged for thirty (30) days; C. The abandonment of the Property by Lessee. - If a default shall occur, then, and in such event, Lessor at any time thereafter may, at its option, give Lessee ten (10) days written notice of default, stating that at the expiration of said ten (10) days, this Lease and the term hereby demised shall expire and terminate and all rights of Lessee under this Lease shall expire and terminate and Lessee will then quit and peacefully surrender the Lessee's interest to Lessor but Lessee shall remain liable as hereinafter provided. _ 20.2 Upon any such expiration or termination of this Lease, Lessee shall quit and peacefully surrender the Lessee's interest to Lessor, and Lessor, upon or at any time after any such expiration or termination, may, without further notice, enter upon and re-enter the Property and possess and repossess itself thereof, by force, summary proceedings, ejectment or otherwise, and may dispossess Lessee and remove Lessee and all other persons and property from the Property, and may have, hold and enjoy the Facilities and the right to receive all rental income of and from the same. 20.3 At any time, or from time to time, after any such expiration or termination, Lessor may relet the Property, or any part thereof, for such term or terms (which may be greater or less than the period which would otherwise have constituted the balance of the term of this Lease) and on such conditions (which may include concessions or free rent and alterations of the Property) as Lessor, in Lessor's uncontrolled discretion may determine, and Lessor may collect and receive the rents therefore. Lessor shall in no way be responsible or liable for any failure to relet the Property or any part thereof, or for any failure to collect any rent due upon any such reletting. 20.4 No such expiration or termination of this Lease shall relieve Lessee of Lessee's liability and obligations under this Lease, and such liability and obligations shall survive any such expiration or termination. In the event of any such expiration or termination, whether or not the Property or any part thereof shall have been relet, Lessee shall pay to Lessor the rent and all other charges required to be paid by Lessee up to the time of such expiration or termination of this Lease, and thereafter Lessee, until the end of what would have been the term of this Lease in the absence of such expiration or termination, shall be liable to Lessor for, and shall pay to Lessor as and for liquidated and agreed current damages for Lessee's default, the equivalent of the amount of the rent and the other rent charges which would be payable under this Lease by Lessee if this Lease were still in effect, less the net proceeds of any reletting effected pursuant to the provisions of Section 20.3 of this Lease, after deducting all Lessor's expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions„ operating expenses, legal expenses, reasonable attorneys' fees, alteration costs and expenses of preparation for such reletting. 20.5 Lessee hereby expressly waives, so far as permitted by law, the service of any notice of intention to re-enter provided for in any statute, and except as is herein otherwise provided, Lessee, for and on behalf of Lessee and all persons claiming by, through or under Lessee (including any leasehold mortgagee or creditor), also waives any and all right of redemption or re-entry or repossession if Lessee shall be dispossessed by aJudgment or by warrant of any court or judge or in case of re-entry or repossession by Lessor or in case of any expiration or termination of this Lease, The terms "enter", "re-enter". "entry" or "re-entry", as used in this Lease are not restricted to their technical legal meanings. 20.6 No failure by Lessor to insist upon the strict performance of any agreement, term, covenant or condition hereof or to exercise any right or remedy consequent upon a breach 6 thereof, and no acceptance of full or partial rent during the continuance of any such breach, shall constitute a waiver of any such breach or of such agreement, term, covenant, or condition_ No agreement, term, covenant or condition hereof to be performed or complied with by Lessee, and no breach thereof, shall be waived, altered or modified, except by a written instrument executed by Lessor. No waiver of any breach shall affect or alter this Lease, but each and every agreement, term, covenant and condition hereby shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 20.7 In the event of any breach or threatened breach by Lessee of any of the agreements, terms, covenants or conditions contained in this Lease, Lessor shall be entitled to enjoin such breach or threatened breach and shall have the right to invoke any right and remedy allowed at law or in equity or by statute or otherwise, through re-entry, summary proceedings or otherwise, whether or not provided for in this Lease. 20.8 Each right and remedy provided for in this Lease shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease or now or hereafter existing at law or in equity, or by statute or otherwise, and the exercise or beginning of the exercise by Lessor or Lessee of any one or more of the rights or remedies provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the party in question of any or all other rights or remedies provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise. Section 21. LESSOR'S RIGHT TO PERFORM LESSEE'S COVENANTS. If Lessee shall at any time fail to take out, pay for, maintain or deliver any of the insurance policies or certificates therefore required by Section 14 of this Lease, or if Lessee shall fail to make any other payment or perform any other act on its part required to be made or performed by this Lease, then Lessor, after ten (10) days written notice to Lessee, or without notice in case of an emergency, and without waiving or releasing Lessee from any obligation of Lessee contained in this Lease or from any default by Lessee and without waiving Lessor's right to take such action as may be permissible under this Lease as a result of such default, may, but shall be under no obligation to, take out, pay for and maintain any of the insurance policies provided for in Section 14 of this Lease, and make any other payment or perform any other act on Lessee's part required to be made or performed by this Lease. If Lessor at any time so elects or is compelled by any other person to cure any breach by Lessee, or is compelled to incur any other expense arising out of any breach of this Lease by Lessee (including, without limitation, reasonable attorneys' fees, engineering and expert witness fees, and disbursements in instituting, prosecuting or defending any suits, actions or proceedings to enforce Lessor's rights under this or any other section of this Lease or otherwise), the sum or sums so paid by Lessor, with all interest, costs and damages, shall be paid by Lessee to Lessor within five (5) days following written demand. Such expenses may be recovered in the same action or proceedings forming the basis of default. Section 22. NO REINSTATEMENT. No receipt of monies by Lessor from Lessee after a default or after the termination or cancellation of this Lease shall reinstate, continue or extend the term of this Lease, or affect any notice theretofore given to Lessee, or operate as a waiver of the right of Lessor to enforce the payment of fixed or additional rent or rents then due, or thereafter falling due, or operate as a waiver of the right of Lessor to recover possession of the Facilities by proper suit, action, proceeding or remedy; it being agreed that, after the service of notice to terminate or cancel this Lease, or the commencement of suit, action or summary proceedings, or any other remedy, or after a final order or judgment for the possession of the said Facilities, Lessor may demand, receive and collect any monies due, or thereafter falling due, without in any manner affecting such notice, proceeding, suit, action or order or judgment; and any and all such monies collected shall be deemed to be payments on account of the use and occupation or Lessee's liability hereunder. Section 23. ESTOPPEL CERTIFICATES. Lessee shall, without charge at any time and from time to time, within ten (10) days after written request by Lessor, execute, acknowledge and deliver to Lessor a statement in writing certifying that: (a) the Lease is unmodified and in full force and effect (or if there have been modifications that the, same is in full force and effect as modified and stating the modifications); (b) the dates to which the rent and other charges have been paid in advance, if any; (c) the rent then payable under this Lease; (d) the date of expiration 7 of the tern of this Lease; and (e) whether or not there are then existing any setoffs or defenses against the enforcement of any of the agreements, terms, covenants or conditions hereof, or any modifications hereof upon the part of Lessee to be performed or complied with, and, if so, specifying the same. It is intended and agreed upon by Lessee that any such statement delivered pursuant to this Section 23 may be relied upon by prospective purchasers of Lessor's interest or assignees of any mortgage upon Lessor's interest in the Facilities. - - Section 24. QUIET ENJOYMENT. Lessee, upon paying the rent and performing the other terms, covenants and conditions of this Lease on Lessee's part to be performed, shall and may, at all times during the term of this Lease, peaceably and quietly have, hold and enjoy the use of said Facilities free of molestation by Lessor, subject, however, to the exceptions, reservations and conditions of this Lease. Section 25. SURRENDER OF POSSESSION. Lessee agrees to surrender use and occupancy of the Facilities peaceably at the termination of this Lease, without fraud or delay, in good order and condition as on the commencement of the term hereof, with ordinary wear and tear excepted. The Facilities shall be neat and clean and free of all trash and debris. Notwithstanding anything herein contained to the contrary, Lessee shall not have obligation to make major replacements or repairs during the term of this Lease. This covenant shall survive the expiration, termination or cancellation of this Lease. Lessee may, at its sole option, terminate this lease in the event that such major replacements or repairs are required. Section 26. SUCCESSORS AND ASSIGNS. The terms, covenants and agreements of this Lease shall be binding upon and inure to the benefit of Lessor, its successors and assigns, and Lessee, its successors and assigns. Neither party to this Lease may transfer its rights or responsibilities set forth herein, in whole or in part, without permission of the other party. Section 27. ATTORNEY'S FEES. Should either party employ an attorney to enforce any of the provisions of this Lease, or defend any action instituted by the other party, the prevailing party shall be entitled to be reimbursed by the other party for all reasonable costs, charges and expenses, including attorney's fees, expended or incurred in connection therewith, including same on appeal. Section 28. TIME OF ESSENCE. It is understood and agreed between the parties hereto that time is of the essence in this Lease. Section 29. ENTIRE AGREEMENT. This Lease Agreement sets forth all of the covenants, promises, agreements, conditions and understandings between Lessor and Lessee governing the Property and Facilities. There are no covenants, promises, agreements, conditions and understandings, either oral or written between Lessor and Lessee other than those herein set forth, and no subsequent alterations, amendments, changes, modifications or additions to this Lease shall be binding upon Lessor or Lessee unless and until reduced to writing and signed by both parties. - Section 30. DEFINITION OF LESSOR. The term "Lessor" as used in this Lease shall mean only the owner or mortgagee in possession for the time -being of the Property and Facilities or the holder of a Lease of said Property so that in the event of any sale of the Property or an assignment of this Lease or any underlying lease or a demise of the Property, Lessor shall be and hereby is entirely released and discharged from any and all further liability and obligations of Lessor hereunder, except any that may have theretofore accrued. Lessor reserves the right to add to or sever the ownership of or title to any portion(s) of the Property. Section 31. TYPE OF LEASE. Lessee covenants and agrees that this Lease is for use of the Facilities only and not a residential or land lease. Section 32. NOTICES. Any and all notices, demands, approvals, disapprovals, objections, offers or other communications or documents required to be given, delivered or served or which may be given, delivered or served under or by the terns and provisions of this Lease or pursuant to law or otherwise, shall be in writing and shall be deemed to have been duly given, delivered or served if and when sent by registered or certified mail, return receipt requested„ enclosed in a wrapper with the proper postage prepaid thereon and deposited with the Registry Clerk of any 8 MIK United States Post Office, branch Post Office, Post Office Station or Sub -Station regularly maintained, addressed, if to the Lessor, at: VILLAGE OF NORTH PALM BEACH 501 U.S. Highway 1 North Palm Beach, Florida 33408 or to such other address as Lessor may from time to time designate by written notice to Lessee, or if to Lessee, addressed to: SEACOAST UTILITY AUTHORITY 4200 Hood Road Palm Beach Gardens, Florida 33410 or to such other agent or agents as may be designated by either party, The date of deposit with the said Registry Clerk shall be deemed to be the date of such service. Section 33. RECORDING. Lessee shall not record this Lease, and any attempt by Lessee or anyone acting on Lessee's behalf to record or the actual recording of this Lease among the Public Records of the State ofFlorida by Lessee shall constitute a default. Section 34. WAIVER OF JURY TRIAL AND COUNTERCLAIM. The parties hereto waive a trial by jury of any and all issues arising in any action or proceeding between them or their successors under or connected with this Lease or any of its provisions, any negotiations in connection therewith, or Lessee's use or occupation of the Facilities. In case Lessor shall commence summary proceedings or an action for non-payment of rent or additional rent hereunder against Lessee, Lessee shall not interpose any counterclaim of any nature or description in any such proceeding or action„ but shall be relegated to an independent action of law unless it is a compulsory counterclaim under Florida Rules of Civil Procedure. Section 35. WAIVER OF SUBROGATION. The parties hereby mutually waive any rights they may have against each other to recover for loss or damage to property, to the extent that such loss or damage is fully covered by their respective insurance policies. In addition, all insurance policies carried by either party covering the Facilities, including, but not limited to, contents, fire and casualty insurance, shall expressly waive any right on the part of the insurer against the other party for damage to or destruction of the Facilities resulting from the acts, omissions or negligence of the other party. Section 36. NO SIGNS PERMITTED. Except those signs existing as of the date of this Agreement, Lessee shall not install any sign(s) on the Property or place on the roof or any exterior wall (including both the interior and exterior surfaces of windows or doors) of any building or structure on the Property, any sign, symbol, advertisement, neon or other light, shade or any other object or thing visible to public view off the Property without the written consent of Lessor, Such consent shall not be unreasonably withheld by Lessor. Section 37. GOVERNING LAWS. The laws of the State of Florida shall govern the validity, performance and enforcement of this Lease. Section 38. SEVERABILITY. If any term or provision of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term of provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. Section 39. SECTION HEADINGS. The section titles are for convenience and reference only and do not define, limit or construe the covenants of such sections, and shall not be deemed or construed in any way as part of this Lease or as a supplement thereto or an amendment thereof. Section 40. LOSS REPORTING_ Lessee covenants and agrees that in the event any property damage or personal injury occurs in or about the Facilities, that Lessee shall 9 immediately give written notice thereof to Lessor, whether or not such loss or injury is covered by insurance carried by Lessor or Lessee, and that such notice shall specify in reasonable detail: (1) the time, date and place of such damages or injury, (2) the names and addresses of person injured or claiming injury,(3) the names and addresses of witnesses to the damage or injury, and (4) a full and complete description of the damage and injury, together with a detailed description of the damage and injury, together with a detailed report specifying and describing the incident or occurrence of such damage or injury, and the causes thereof, to the extent known. 10 IN WITNESS WHEREOF, the parties have hereunto set their hands, and seals as of the date first above written. WITNESSES: LESSOR: VILLAGE •F NORTH PALM BEACH, a Florida Municip+j' orporation QetJiJ _ /1� By: ward M. Eissey, ayor %E/SSst T.EQ 7 artene c r aR As to Lessor • 144(! Loif� As to Lessee U /USERSIM ARYANN/DOCUMENVAORIA:MNI/EXIIII3I ID hleen F. Kelly, ttlage Cler LESSEE: SEACOAST UTILITY AUTHORITY By:fn •o Ga.L r 4/snn, Vice Attest:_ 11 OJ'r Mary - nn . tiles, Authority Clerk 1 F{,�FNfr (R) - RADIAL (P) - PLATTED ESMT - EASEMENT C/L - _ CENTERLINE ROW - RIGHT-OF-WAY O O co 233 0o. POINT OF COMMENCEMENT EAST 1/4 CORNER SECTION 17 - TOWNSHIP 42S N90'00'00"W 160.44' PORTION OF TRACT "A"�� o PLAT OF THE VILLAGE OF NORTH PALM BEACH „^i PLAT NUMBER ONE N PLAT BOOK 24 - PAGES 202-206 I N21'04130"E S68'55'30"E 3F- 80.00' 72.00' o I — _ _ — N M O 0 N68.55'30"W +EXISTING 10' UTILITY ESMT 155.00' - RANGE 43E. - 500'00.00" W 620.92'(P) 1`(=A 23.00' F S21'04'30"W 99.00' 30' S68'55'30"E 67.56' POINT OF BEGINNING co �683 3p \ SOUTH UNE OF TRACT "A BEARING BASE THE SOUTH LINE OF TRACT "A" OF THE PLAT OF THE VILLAGE OF NORTH PALM BEACH, PLAT NUMBER ONE IS TAKEN TO BEAR N68'55'30"W AND ALL OTHER BEARINGS ARE RELATIVE THERETO. S21'16'37"W 25.57' RETAINED OUT PARCEL TRACT "B" / PLAT OF THE VILLAGEOF NORTH PALM BEACH f.// PLAT NUMBER ONE PLAT BOOK 24 - PAGES 202-206 SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPP, R MAP/REPORT IS FOR INFORMATIONAL PURPOSES ONLY D IS N HAS BEEN MADE BY THIS OFFICE. 0. A WARD DUKES, P'OFE IONAL SgukVLYOR & MAPPER STATE OF FLORIDA NO. 4533. L.B.F.H. CERTIFICATE NO. LB 959 UNOVW4 BROWNING, FERRARI & HELLSTROM, INC. Scale CONSULTING ENGINEERS. SURVEYORS & MAPPERS 2400 S.E. MONTEREY ROAD. SUITE 300 STUART. FLORIDA 34996 (561) 286-3883 FM: (561) 286-3925 N90'00'00"W 40.00' WESTERLY RIGHT-OF-WAY LINE \ 0 r o y O 359'15'44"E 62.64 ` 0 A\ f� � JO WESTERLY R.O.W. LINES / EXISTING U.E. Q.R.B. 5.880, A PAGE 1770 C/L SOUTHWIND DRIVE (80' RIGHT-OF-WAY) DESCRIPTION SKETCH THIS IS NOT A SURVEY LEASE AGREEMENT EXHIBIT "A" REVISIONS: Page 3. of 2 PROJECT NAME: SEACOAST UTILITY AUTHORITY LEASE AREA WITHIN TRACT "A" VNPB PLAT 1 1 "=100' Field N/A Date WEST PALM BEACH JUPITER STUART FORT PIERCE OKEECHOBEE 4— 2 %— 9S Computed Checked BK HD Sheet 1 Of 2 Drowing No. Field Book N/A Pg. N/A Work Order No, 88-280 LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 42 SOUTH, RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA. SAID PARCEL LIES WITHIN A PORTION OF TRACT "A" OF "THE VILLAGE OF NORTH PALM BEACH, PLAT NUMBER ONE", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24. PAGES 202 THROUGH 206, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE EAST ONE —QUARTER CORNER OF SAID SECTION 17, SAID CORNER BEING A POINT IN THE CENTERLINE OF ANCHORAGE DRIVE (AN 80 FOOT WIDE RIGHT—OF—WAY). ACCORDING TO THE AFORESAID PLAT OF "THE VILLAGE OF NORTH PALM BEACH, PLAT NUMBER ONE", THENCE SOUTH 00'00"00" WEST ALONG SAID CENTERLINE, A DISTANCE OF 620.92 FEET; THENCE NORTH 90'00'00" WEST, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 40.00 FEET TO A POINT ON THE WEST RIGHT—OF—WAY LINE OF AFORESAID ANCHORAGE DRIVE; SAID POINT BEING 23.00 FEET NORTH OF THE BEGINNING OF THE CURVE ON THE EASTERLY PERIMETER OF AFORESAID TRACT "A"; THENCE CONTINUE NORTH 90'00'00" WEST, A DISTANCE OF 160.44 FEET; THENCE SOUTH 00'32'00" WEST, A DISTANCE OF 263.79 FEET; THENCE SOUTH 59'15'44" EAST, A DISTANCE OF 62.64 FEET; THENCE NORTH 68'55'30" WEST, A DISTANCE OF 155.00 FEET; THENCE SOUTH 21'16'37" WEST, A DISTANCE OF 25.57 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUE SOUTH 2116'37" WEST, A DISTANCE OF 165.00 FEET TO A POINT ON A LINE BEING PARALLEL WITH AND 30.00 FEET NORTHERLY OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF TRACT "A", ACCORDING TO THE AFORESAID PLAT OF "THE VILLAGE OF NORTH PALM BEACH, PLAT NUMBER ONE"; THENCE NORTH 68'55'30" WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 371.97 FEET; THENCE NORTH 21'04'30" EAST, DEPARTING SAID PARALLEL LINE, A DISTANCE OF 184.00 FEET; THENCE SOUTH 68'55'30" EAST, A DISTANCE OF 233,00 FEET; THENCE NORTH 21'04'30" EAST, A DISTANCE OF 80.00 FEET; THENCE SOUTH 68'55'30" EAST, A DISTANCE OF 72.00 FEET; THENCE SOUTH 21'04'30" WEST, A DISTANCE OF 99.00 FEET; THENCE SOUTH 68'55'30" EAST, A DISTANCE OF 67.56 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 72,979 SQUARE FEET OR 1.68 ACRES, MORE OR LESS, LINOAHL, BROWNING, FERRARI & HELLSTROM, INC1 Scale CONSULTING ENGINEERS, SURVEYORS & MAPPERS NA 2400 S.E. MONTEREY ROAD. SUITE 300 STUART. FLORIDA 34996 (561) 286-3883 FAX: (561) 286-3925 WEST PALM BEACH JUPITER STUART FORT PIERCE OKEECHOBEE Date I! 4-27-98 Feld N/A 2 Of 2 Computed BK Checked HD Drawing No. DESCRIPTION SKETCH THIS IS NOT A SURVEY REVISIONS: PROJECT NAME: SEACOAST UT1UTY AUTHORITY LEASE AREA WITHIN TRACT "A" VNPB PLAT 1 Sheet Field Book U N/A 0 0 Pg. N/A Z ,°i a Work Order 4 m No. 88-280 'a LEASE AGREEMENT EXHIBIT "A" Page 2 of 2 LAW OFFICES BRANT AND BALDWIN 330 FEDERAL HIGHWAY LAKE PARK, FLORIDA 33403 TELEPHONE (561) 845-1700 FACSIMILE (561) 842-1548 e-mail: brantandbaIdwin@cs.com GEORGE W. BALDWIN WILLIAM BRANT GEORGE (WALLY) BALDWIN, JR. - - RETIRED CHARLES M. PIGOTT OF COUNSEL January 12, 2000 Kitty Kelly, Village Clerk Village Hall 501 U. S. Highway One North Palm Beach, FL 33408 Re: Anchorage Park Dear Kitty: I am enclosing for the Village records an Owner's Title Insurance Policy, OPM-1798216, Attorneys' Title Insurance Fund, Inc., covering Anchorage Park purchase from Seacoast Utility Authority and issued to the Village of North Palm Beach in the amount of $300,000.00. Thank you for your attention to this matter. Very truly yours, George Baldwin GWB/nt /encl. Copy: Dennis W. Kelly, Village Manager (Telefacsimile Only) (American Land Title Association Owner's Policy - 10-17-92) (With Florida Modifications) OWNER'S TITLE INSURANCF POLICY Attorneys' Title Insurance Fund, Inc. ORLANDO, FLORIDA SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPU- LATIONS, ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation, herein called The Fund, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Fund will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipula- tions. In Witness Whereof ATTORNEYS' TITLE INSURANCE FUND, INC. has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. Attorneys' Title Insurance Fund, Inc. By OPM - Charles J. Kovaleski President SERIAL 1798216 FUND FORM OPM (rev. 3198) Policy No. OPM-1798216 FUND OWNER'S FORM SCHEDULE A Effective Date: October 28,1999 at 10:33 a.m. Amount of Insurance: $300,000.00 Agent's File Reference:6315 1. Name of Insured: Village of North Palm Beach, a municipal corporation 2. The estate or interest in the land described herein and which is covered by this policy is a fee simple (if other, specify same) and is at the effective date hereof vested in the named insured as shown by instrument recorded in Official Record Book 11424, Page 1682, of the Public Records of Palm Beach County, Florida. 3. The land referred to in this policy is described as follows: The real property is more particularly described in Exhibit "A" attached and made part hereof. I, the undersigned agent, hereby certify that - the transaction insured herein is governed by RESPA, - if Yes to the above, I have performed all "core title agent services." BRANT & BALDWIN ISSUING AGENT -ATTORNEY OR FIRM OF ATTORNEYS 330 FEDERAL HIGHWAY 4047 AGENT NO. Yes X No Yes X No - is S1GN7 LAKE PARK FLORIDA A 33403 MAILING ADDRESS CITY ZIP FUND Form OPM-SCH.A (Rev. 12/92) 14861 FORMIOWNRSSCH.A FUND OWNER'S FORM SCHEDULE B Policy No.: OPM-1798216 This policy does not insure against loss or damage by reason of the following exceptions: 1. Taxes for the year of the effective date of this policy and taxes or special assessments which are not shown as existing liens by the public records. 2. Rights or claims of parties in possession not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the public records. 5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands. 7. Set back lines, as set forth in Plat Book 24, Page 202, Public Records of Palm Beach County, Florida. 8. Easement to Florida Power & Light Company in Official Record Book 1710, Page 731, Public Records of Palm Beach County, Florida. 9. Subject to access road encroachment on the Northwest corner of subject property. 10. Subject to terms and conditions of the Order of Taking and Judgment of Condemnation and the Agreement of Settlement recorded in Official Record Book 5917, pages 341 to 472, inclusive, Public Records of Palm Beach County, Florida. 11. Subject to access easements retained by Seacoast Utility Authority recorded in Official Record Book 11424, Pages 1688 to 1691, inclusive, Public Records of Palm Beach County, Florida. 12. Subject to utility easements to Seacoast Utility Authority recorded in Official Record Book 11424, pages 1692 to 1695, inclusive, Public Records of Palm Beach County, Florida. 13. Subject to easement deed from Village of North Palm Beach to Seacoast Utility Authority recorded in Official Record Book 11424, page 1696 to 1703, inclusive, Public Records of Palm Beach County, Florida. 14. Subject to License Agreement between Village of North Palm Beach and Seacoast Utility Authority recorded in Official Record Book 11424, Page 1704 to 1717, inclusive, Public Records of Palm Beach County, Florida. 15. Subject to unrecorded Lease Agreement between Village of North Palm Beach, as Lessor, and Seacoast Utility Authority, as Lessee. 16. Riparian and littoral rights are neither guaranteed nor insured. ITEM NUMBER 1 OF SCHEDULE B IS HEREBY DELETED. FUND Form OPM-SCH.B (rev. 5/94) 14867 formlownrssch.a Fund may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires The Fund to prbsecute or provide for the defense of any action or proceeding, the insured shall secure to The Fund the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit The Fund to use, at its option, the name of the insured for this purpose. Whenever requested by The Fund, the insured, at The Fund's expense, shall give The Fund all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of The Fund may be necessary or desirable to establish the title to the estate or interest as insured. If The Fund is prejudiced by the failure of the insured to furnish the required cooperation, The Fund's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. Proof of Loss or Damage In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided The Fund, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to The Fund within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the tide, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If The Fund is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, The Fund's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue anylitigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of The Fund and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any autho- rized representative of The Fund, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of The Fund, the insured claimant shall grant its permission, in writing, for any autho- rized representative of The Fund to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or damage. All information designated as confidential by the insured claimant provided to The Fund pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of The Fund, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure rea- sonably necessary information from third parties as required in this paragraph shall terminate any liability ofThe Fund under this policy as to that claim. 6. Options To Pay or Otherwise Settle Claims; Termination of Liability In case of a claim under this policy, The Fund shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by The Fund, up to the time of payment or tender of payment and which The Fund is obligated to pay. Upon the exercise by The Fund of this option, all liability and obliga- tions to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to The Fund for cancellation. (b) To Payor Otherwise Settle With Parties Other than the Insured or With the Insured Claimant (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by The Fund up to the time of payment and which The Fund is obligated to pay; or . (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by The Fund up to the time of payment and which The Fund is obligated to pay. Upon the exercise by The Fund of either of the options provided for in paragraphs (b) (i) or (ii), The Fund's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obliga- tion to defend, prosecute or continue any litigation. 7. Determination, Extent of Liability and Coinsurance This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of The Fund under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) (Thisparagraphdealingutith CoinsurancewasremovedfromFlorida policies.) (c) The Fund will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipu- lations 8. Apportionment If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcelsbut not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by The Fund and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. Limitation of Liability (a) If The Fund establishes the tide, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land. or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by The Fund or with The Fund's consent, The Fund shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, ad- verse to the title as insured. (c) The Fund shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of The Fund. 10. Reduction of Insurance; Reduction or Termination of Liability All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. Liability Noncumulative It is expressly understood that the amount of insurance under this policy shall be reduced by any amount The Fund may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. Payment of Loss - (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or de- stroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of The Fund. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. Subrogation Upon Payment or Settlement (a) The Fund's Right of Subrogation. Whenever The Fund shall have settled and paid a claim under this policy, all right of subrogation shall vest in The Fund unaffected by any act of the insured claimant. The Fund shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by The Fund, the insured claimant shall transfer to The Fund all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit The Fund to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, The Fund shall be subrogated to these rights and remedies in the proportion which The Fund's payment bears to the whole amount of the loss. If Loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but The Fund, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to The Fund by reason of the impairment by the insured claimant of The Fund's right of subrogation. (b) The Fund's Rights Against Non-insured Obligors. The Fund's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwith- standing any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14 Arbitration Unless prohibited by applicable law, arbitration pursuant to the Title Insur- ance Arbitration Rules of the Amerkan Arbitration Association may be n n ) O w • o C • n N y c O ITV' n co IND t0 0 0 0000 Cr) n' tx0 a demanded if agreed to by both The Fundand the insured. Arbitrable matters may include, but are not hunted to, any controversy or claim between The Fund and the insured arisingoutoforrelatingto this policy, and service ofThe Fund in connection with its issuance or the breath of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rides in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys fees only ifthe laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by theArbitrator(s) may be entered in any court havingjurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from The Fund upon request. 15. Liability Limited to this Policy; Policy Entire Contract (a) This policy together with all endorsements, if any, attached hereto by The Fund is the entire policy and contract between the insured and The Fund. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negli- gence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, or Agent of The Fund. 16. Severability In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. Notices, Where Sent All notices required to be given The Fund and any statement in writing required to be furnished The Fund shall include the number of this policy and shall be addressed to The Fund at its principal office at Post Office Box 628600, Orlando, Florida 32862-8600. . 1 L Letter of Tra.n.smitt SEACOAST UTILITY AUTHORITY 4200 Hood Road Palm Beach Gardens, F133410 (561) 627-2900 Voice (561) 624-2839 Fax TO: Village of North Palm Beach 645 Prosperity Farms Rd North Palm Beach, FL 33408 Date: December 22, 1999 Job No. Attention: Tom Hogarth RE: Cat V CC-04C CA- /WA gz7--Qxv.5 Enclosed: R Prints Shop Drawings Other: Sets Date No. Description These are transmitted For approval For your use As requested _ For your review & comments Other REMARKS Copies of recorded portions of agreement per your request. cc: Approved as submitted Approved as noted Returned for corrections Bruce Gregg, Director of Operations Signed: A Atte_' � A��