Loading...
HomeMy WebLinkAboutR2025-39 Seacoast Utility Easement Deed with Anchorage ParkRESOLUTION 2025-39 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN EASEMENT DEED IN FAVOR OF SEACOAST UTILITY AUTHORITY OVER A PORTION OF ANCHORAGE PARK FOR FORCE MAIN REPLACEMENT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE EASEMENT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Seacoast Utility Authority has requested an Easement Deed over property located in eastern portion of Anchorage Park for the installation of a new force main; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the interests of the public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby approves an Easement Deed in favor of Seacoast Utility Authority over a portion of Anchorage Park, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Easement Deed on behalf of the Village. Section 3. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 28TH DAY OF AUGUST, 2025. MA „ ATTEST: VILLAGE CLERK Prepared by: Laura H. Niemann Seacoast Utility Authority 4200 Hood Road Palm Beach Gardens, Fl 33410 EASEMENT DEED THIS EASEMENT DEED made and entered into this day of 2025, between 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, FL 33408, and Seacoast Utility Authority (hereinafter referred to as "Grantee") whose address is 4200 Hood Road, Palm Beach Gardens, Florida 33410 CFN 20250325827 OR BK 35999 PG 847 RECORDED 9/12/2025 11:09 AM AMT: $10.00 DEED DOC $0.70 Palm Beach County, Florida Pas: 847 - 852; (6pgs) W ITN.E5.SE.TH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby grant to the Grantee, its successors and assigns, a perpetual non-exclusive 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 (the "Improvements") in, on, over, under and across the easement premises. The easement hereby granted covers a parcel of land lying, situate and being in Palm Beach County, Florida, and being more particularly described as follows: SEE EXHIBIT "A", ATTACHED .HERE i O . AND MADE A PART HEREOF Grantor shall not.grant additional easements or similar interests in, on, over, under, or across said easement premises without Grantee's prior written consent, which will not be unreasonably withheld. Neither Grantor, nor any other person claiming an interest through Grantor, shall interfere with Grantee's utilization and enjoyment of the easement, including the construction, preservation, maintenance, or replacement of Grantee's Improvements. Further, Grantor or any other person claiming an interest through Grantor, shall remove any structure, obstruction, improvement, or impediment which, at any time, interferes with Grantee's utilization and enjoyment of this easement. 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 any mortgages that are -prior in right and dignity to this Easement Deed. Furthermore, Grantor -covenants that there are no encumbrances of any kind that would prevent Grantee's full enjoyment of the easement. Should Grantee enter the easement to perform installation, operation, maintenance and/or service activities, Grantee shall leave the property in the same or better condition that existed prior to the performance of such activities. This Easement Deed, and the covenants contained herein, shall be deemed covenants running with the land, and shall be binding on the parties hereto and their successors and assigns. Page 1 of 2 Prepared by: Laura H. Niemann Seacoast Utility Authority 4200 Hood Road Palm Beach Gardens, F133410 EASEMENT DEED RECORDED SEP 1 2 2025 PALM BEACH COUNTY, FL THIS EASEMENT DEED made and entered into this -2 day of NAf 2025, between Village of North Palm Beach, a Florida municipal corporation, hereinafter referred to as "Grantor") p rP � whose address is 501 U.S. Highway One, North Palm Beach, FL 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 and sufficiency of which is hereby acknowledged, does hereby grant to the Grantee, its successors and assigns, a perpetual non-exclusive 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 (the "Improvements") in, on, over, under and across the easement premises. The easement hereby granted covers a parcel of land lying, situate and being in Palm Beach County, Florida, and being more particularly described as follows: SEE EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF Grantor shall not grant additional easements or similar interests in, on, over, under, or across said easement premises without Grantee's prior written consent, which will not be unreasonably withheld. Neither Grantor, nor any other person claiming an interest through Grantor, shall interfere with Grantee's utilization and enjoyment of the easement, including the construction, preservation, maintenance, or replacement of Grantee's Improvements. Further, Grantor or any other person claiming an interest through Grantor, shall remove any structure, obstruction, improvement, or impediment which, at any time, interferes with Grantee's utilization and enjoyment of this easement. 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 any mortgages that are prior in right and dignity to this Easement Deed. Furthermore, Grantor covenants that there are no encumbrances of any kind that would prevent Grantee's full enjoyment of the easement. Should Grantee enter the easement to perform installation, operation, maintenance and/or service activities, Grantee shall leave the property in the same or better condition that existed prior to the performance of such activities. This Easement Deed, and the covenants contained herein, shall be deemed covenants running with the land, and shall be binding on the parties hereto and their successors and assigns. Page 1 of 2 EXHIBIT "A" DESCRIPTION: A PORTION OF TRACT A, VILLAGE OF NORTH PALM BEACH PLAT NO. 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 24, AT PAGE 202 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 EAST QUARTER (E 1/4) CORNER OF SAID SECTION 17; THENCE S52°48'18"W, A DISTANCE OF 1216.46 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF A 20.00 FEET WIDE SEACOAST UTILITY AUTHORITY EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 6300, PAGE 1256 OF SAID PUBLIC RECORDS, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S63°00'46"E, A DISTANCE OF 259.12 FEET; THENCE S19°47'07"E, A DISTANCE OF 31.80 FEET; THENCE S67°24'30"E, A DISTANCE OF 367.25 FEET TO A POINT ON THE WESTERLY LINE OF THE RETAINED OUT PARCEL, AS RECORDED IN OFFICIAL RECORD BOOK 11424, PAGE 1682 OF SAID PUBLIC RECORDS; THENCE S22°47'37"W ALONG SAID WESTERLY LINE, A DISTANCE OF 5.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF A 30.00 FEET WIDE SEACOAST UTILITY AUTHORITY EASEMENT, AS RECORDED IN OFFICIAL RECORD BOOK 11424, PAGE 1682 OF SAID PUBLIC RECORDS; THENCE N67°24'30"W ALONG SAID NORTH LINE, A DISTANCE OF 382.98 FEET; THENCE N19°47'07"W, A DISTANCE OF 18.94 FEET; THENCE N63°00'46"W, A DISTANCE OF 237.22 FEET TO A POINT ON EASTERLY LINE OF SAID 20.00 FEET WIDE SEACOAST UTILITY AUTHORITY EASEMENT, AS RECORDED IN SAID OFFICIAL RECORD BOOK 6300, PAGE 1256 OF SAID PUBLIC RECORDS; THENCE N19°46'39"W ALONG SAID EASTERLY LINE, A DISTANCE OF 21.90 FEET TO THE POINT OF BEGINNING. CONTAINING 5,979 SQUARE FEET, 0.1372 ACRES, MORE OR LESS. SURVEYOR'S NOTES: 1. SKETCH AND DESCRIPTIONS OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND ORIGINAL SEAL, OR THE AUTHENTICATED ELECTRONIC SIGNATURE AND SEAL, OF A FLORIDA LICENSED PROFESSIONAL LAND SURVEYOR AND MAPPER. 2. ADDITIONS OR DELETIONS TO SKETCH AND DESCRIPTIONS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 3. LANDS SHOWN HEREON WERE NOT ABSTRACTED, BY THE SURVEYOR, FOR RIGHTS -OF -WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 4. BEARINGS SHOWN HEREON ARE RELATIVE TO A GRID BEARING OF S01 °31'00"W, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, RELATIVE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, TRANSVERSE MERCATOR PROJECTION, NORTH AMERICAN DATUM OF 1983 (1990 ADJUSTMENT). 5. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR. 6. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENTS OF RECORD RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. 7. INSTRUMENTS OF RECORD SHOWN HEREON ARE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, UNLESS OTHERWISE SHOWN. CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON JULY 16, 2025. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH IN RULE 5J-17, FLORIDA ADMINISTRATIVE CODE, ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES CHAPTER 472.027. THIS IS NOT A SURVEY CAULFIELD & WHEELER, INC. CIVIL ENGINEERING LANDSCAPE ARCHITECTURE - SURVEYING 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (561)-750-1452 UFT STATION 54 FORCE MAIN SEACOAST UTIUTY AUTHORITY EASEMENT SKETCH & DESCRIPTION DAVID P. LINDLEY PROFESSIONAL LAND SURVEYOR NO. 5005 STATE OF FLORIDA LB 3591 SHEET 1 OF 4 (DATE 07/16/2025 (DRAWN BY sl F.B./ PG. N/A SCALE NONE JOB NO. 10831 SUA EXHIBIT "A" z 0 W 0_ 0 0 < CC0 0c ANCHORAGE DRIVE LIGHTHOUSE DRIVE NORTHLAKE BOULEVARD LOCATION MAP (NOT TO SCALE) 0 SITE ANCHORAGE DRIVE �EARMAN RIVER LEGEND/ABBREVIATIONS LB - LICENSED BUSINESS O.R.B. - OFFICIAL RECORD BOOK P.B. - PLAT BOOK PG(S). - PAGE(S) P.O.B. - POINT OF BEGINNING THIS IS NOT A SURVEY CAU LFI ELD 8c WHEELER, INC. CIVIL ENGINEERING LANDSCAPE ARCHITECTURE - SURVEYING 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (561)-750-1452 P.O.C. - POINT OF COMMENCEMENT Z - 1/4 SECTION CORNER ►Zi - SECTION CORNER 17-42-43 - SECTION 17, TOWNSHIP 42 SOUTH, RANGE 43 EAST UFT STATION 54 FORCE MAIN SEACOAST UTIUTY AUTHORITY EASEMENT SKETCH & DESCRIPTION SHEET 2 OF 4 DATE 07/16/2025 DRAWN BY F.B./ PG. SCALE sl N /A NONE JOB NO. 10831 SUA EXHIBIT "A" P.O.C. EAST QUARTER (E 1/4) SECTION 17-42-43 PALM BEACH COUNTY PUBLISHED POSITION 17 -11 S52°48'18"W 1216.46' EAST LINE SOUTHEAST QUARTER SECTION 17-42-43 (BEARING BASIS) S01 °31'00"W THIS IS NOT A SURVEY MATCHLINE SEE SHEET 4 CAU LFI ELD & WHEELER, INC. CIVIL ENGINEERING LANDSCAPE ARCHITECTURE - SURVEYING 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (561)-750-1452 UFT STATION 54 FORCE MAIN SEACOAST UTILITY AUTHORITY EASEMENT SKETCH & DESCRIPTION EAST LINE SOUTHEAST QUARTER SECTION 17-42-43 (BEARING BASIS) S01 °31'00"W SOUTHEAST CORNER SECTION 17-42-43 PALM BEACH COUNTY PUBLISHED POSITION NORTH 0 50' 100' •EN 1 INCH = 100 FEET SHEET 3 OF 4 DATE 07/16/2025 DRAWN BY F.B./ PG. sl N /A SCALE 1 "=100' JOB NO. 10831 SUA EXHIBIT "A" TRACT "A" VILLAGE OF NORTH PALM BEACH PLAT NO. 1 (PLAT BOOK 24, PAGE 202) -NORTHERLY LINE 20' UTILITY EASEMENT (O.R.B. 6300, PG. 1256) P.O.B. EASTERLY LINE 20' UTILITY EASEMENT (0. R. B. 6300, PG. 1256)\ I � —20' UTILITY EASEMENT (O.R.B. 6300, PG. 1256) N19'47'07"W- 18.94' TRACT "B" VILLAGE OF NORTH PALM BEACH PLAT NO. 1 (PLAT BOOK 24, PAGE 202) THIS IS NOT A SURVEY zzz N 19'46'39"W 21.90' S63'00'46"E 259.12' RETAINED OUT PARCEL N63.00'46"W DESCRIBED IN 237.22' (O.R.B. 11424, PG. 1682) TRACT "A" VILLAGE OF NORTH PALM BEACH PLAT NO. 1 (PLAT BOOK 24, PAGE 202) S19'47'07"E 0 31.80' TyF RET WEST 1 ° o (0/NE0 FRS Y 4/ h Re 114 OFcTA�EOF` 24 R/e OF4 562 , , AG I60 by 36)4 30.E 82) •S' CAU LFI ELD 8c WHEELER, INC. CIVIL ENGINEERING LANDSCAPE ARCHITECTURE - SURVEYING 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (561)-750-1452 UFT STATION 54 FORCE MAIN SEACOAST UTIUTY AUTHORITY EASEMENT SKETCH & DESCRIPTION 00 S22'47'37"W ? 5.00' , - 1 ); MATCHLINE : ; SEE SHEET 3 ►� NORTH 50' 100' I I 1 INCH = 100 FEET SHEET 4 OF 4 DATE 07/16/2025 DRAWN BY sl F.B./ PG. N/A SCALE 1 "=100' JOB NO. 10831 SUA 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 #1 Signature Witness #1 Printed Name cO I vl r S • NN W L' Most Pc\rn geadi3CL 31yD Witness #1 Address Witnes O!iV GouJQ� Witness #2 Printed Name 50 I OS W ioy,ir,icu4 O k • t\ )j�t1 PQ C � t Witness #2 Address STA lh OF FLORIDA COUNTY OF PALM BEACH GRANTOR: Village of North Palm Beach, a Florida municipal corporation Deborah Searcy, Mayor Attester- Jessica GreVillage C The foregoing instrument was acknowledged before me by means ofphysical presence or n online notarization this 7,a4day of f itiv,s-1- , 2025, by Deborah Searcy, Mayor of Village of North Palm Beach and Jessica Green, Village Clerk, who are personally known to me or who has produced as identification. i f it;� JENNIFER CNN *• *= MY COMMISSION#HH691689 'off EXPIRES: Jute 24, 2029 Cr No ry Signature iet AL• Prin "Name Notary Public - State o PIovida Commission No: t41-1- (, ei g o Fw My Commission Expires: u I DA,t 1 aci Page 2 of 2