2015-45 Utility EasementsRESOLUTION 2015 -45
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ACCEPTING UTILITY EASEMENTS OVER
PROPERTIES LOCATED AT 1024 AND 1028 COUNTRY CLUB DRIVE WITHIN
THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, William and Jessica A. Greene, as Trustees of the Greene Family Residential Trust of 2011
under an Agreement dated June 21, 2011, are the owners of property located at 1024 Country Club Drive
within the Village ( "1024 Property "); and
WHEREAS, Roland W. Samuelson and Laurie E. Samuelson are the owners of property located at
1028 Country Club Drive within the Village ( "1028 Property "); and
WHEREAS, in the course of developing a repair plan for the Country Club drainage pumping system,
the Village discovered that the existing electrical service was constructed within a drainage easement
encumbering the northern six feet of the 1024 Property and the southern six feet of the 1028 Property
and not within a utility easement; and
WHEREAS, each of the property owners has agreed to grant the Village a Utility Easement to construct,
reconstruct and maintain utility facilities within the existing drainage easement in accordance with the
terms and conditions set forth therein; and
WHEREAS, the Village Council determines that the acceptance of the Utility Easements is in the best
interests of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council of the Village of North Palm Beach, Florida, hereby accepts:
(1) a Utility Easement executed by William and Jessica A. Greene, as Trustees of the Greene Family Residential
Trust of 2011 under an Agreement dated June 21, 2011, over property located at 1024 Country Club Drive;
and (2) a Utility Easement executed by Roland W. Samuelson and Laurie E. Samuelson over property located
at 1028 Country Club Drive, copies of which are attached hereto and incorporated herein. The Council
further authorizes the Mayor and Village Clerk to formally accept the Utility Easements on behalf of
the Village.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 25'" DAY OF JUNE.
(Village Seal)
ATTEST:
C /�e
VILLAGE CLERK
completed within thirty (30) days after the excavation, maintenance, construe:
reconstruction activity.
3. To the extent permitted by law and not caused by the intentional or neglig
of Grantor or Grantor's family members, invitees or agents, Grantee agrees to indern
hold harmless Grantor, its family members, invitees, agents, successors and assigns fr
against any and all claims, damages, losses, liabilities and expenses, including,
limitation, attorney's fees and costs, arising out of excavation, rn'.-4 it nte na lice, cons
reconstruction and all other activities performed by Grantee, its agents, eMployees, cor
or utility providers within the Easement Area, Nothing set, t ' forth herein shall constitute
of Grantee's sovereign immunity protections or the li M I ns, of liability set forth in
-*V
768.28, Florida Statutes.
4. All the rights, title and privileges herein granted, including all bene,
burdens, shall run with the land and shall be binding upon and inure to the benefit of the
their respective heirs, executors, administrators, successors and assigns,
!N V1/IT NESS WHEREOF, Grantor has granted this Utility Ease' this
2015,
G 9
on
United States of America )
County of Wayne )
State of Michigan )
On this 10th day of April, 2015 before me, a notary public in and for said
county, appeared William Greene, who is personally known to me to be the same
person whose name is subscribed to the attached Utility Easement, and he
acknowledged that he signed and delivered the said instrument as his free and
voluntary act for the use and purposes therein set forth.
(�aAJ,&
Rochelle J. Hunter
Notary Public - Michigan
Wayne County
My Commission Expires:
November 19, 2020
(Seal)
�fo - NOTARY PUMI C'��� s
' COUNTY OF MYNE
My Cwaisw n E*MI ?
= Nowmbv 19, 2020 i
Attest:
Melissa Teal, Village Clerk
Accepted by:
GRANTEE:
VILLAGE OF NORTH PALM BEACH,
FLORIDA
By: r�
Robert A. Gebbi ayor
Date:
Page 3 of 3
Prepared by and return to:
Leonard G. Rubin, Esquire
Leonard G. Rubin, P.A.
701 Northpoint Parkway, Suite 209
West Palm Beach, FL 33407
UTILITY EASEMENT
CFN 20150247425
OR BK 276.37 PG 0158
RECORDED 07/02/2015 15:15:14
Palm Beach County, Florida
AMT 10.00
Doc Stamp 0.70
Sharon R. Bock,CLERK 8 COMPTROLLER
Pgs 0158 - 160; (3pgs)
THIS UTILITY EASEMENT is made by and between Roland W. Samuelson and
Laurie E. Samuelson, 1028 Country Club Drive, North Palm Beach, FL 33408 (collectively
"Grantor "), in favor of the Village of North Palm Beach, a Florida municipal corporation, 501
U.S. Highway One, North Palm Beach, FL 33408 ( "Grantee ").
WITNESSETH:
WHEREAS, Grantor is the owner of a parcel of real property within the Village of North
Palm Beach located at 1028 Country Club Drive, legally described as Lot 113, Golf Course
Addition No. 2 to the Village of North Palm Beach (PCN: 68- 43- 42- 08 -04- 000 -1130)
( "Property "); and
WHEREAS, Grantee desires an easement over a portion of the Property already
encumbered by a drainage easement for utility purposes and Grantor is willing to grant such
easement subject to the terms and conditions set forth herein.
NOW, THEREFORE, for and in consideration of the payment of $10.00 and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both
parties, Grantor and Grantee agree as follows:
1. Grantor grants and conveys to Grantee, its agents, employees, contractors and
utility providers, a non - exclusive perpetual easement to survey, construct, reconstruct, operate,
maintain, remove, and replace utility facilities, subject to the terms and conditions set forth
herein, in, along and upon the following described portion of the Property ( "Easement Area "):
The southern six (6) feet of Lot 113, Golf Course Addition No. 2 to the Village of
North Palm Beach already encumbered by a drainage easement as depicted on
the plat recorded in Plat Book 28, Page 67 of the Public Records of Palm Beach
County, Florida.
2. Absent emergency circumstances, Grantee shall not perform any excavation,
maintenance, construction or reconstruction activities within the Easement Area without first
obtaining the consent of Grantor, such consent not to be unreasonably withheld. After any
excavation, maintenance, construction or reconstruction activity, Grantee shall restore the
Property to equal or better condition subject to Grantor's approval, which shall not be
unreasonably withheld. Such restoration activities shall include, but not be limited to, the
replacement and restoration of all fences and landscaping materials. Restoration shall be
Page 1 of 1
completed within thirty (30) days after the excavation, maintenance, construction or
reconstruction activity.
3. To the extent permitted by law and not caused by the intentional or negligent acts
of Grantor or Grantor's family members, invitees or agents, Grantee agrees to indemnify and
hold harmless Grantor, its family members, invitees, agents, successors and assigns from and
against any and all claims, damages, losses, liabilities and expenses, including, without
limitation, attorney's fees and costs, arising out of excavation, maintenance, construction,
reconstruction and all other activities performed by Grantee, its agents, employees, contractors
or utility providers within the Easement Area. Nothing set forth herein shall constitute a waiver
of Grantee's sovereign immunity protections or the limitations of liability set forth in Section
768.28, Florida Statutes.
4. All the rights, title and privileges herein granted, including all benefits and
burdens, shall run with the land and shall be binding upon and inure to the benefit of the parties,
their respective heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF, Grantor has granted this Utility Easement this day of
2015.
Witnessed by:
Print Name:..4/, ,;/,
Print Name:����ti r
sL
Print Name: /V,5,/ /SS,, Tic, -/
Print Name: C�4u C)
Samuelson By: Ck�"
Laurie E.
State of Florida )
County of Palm Beach )ss:
The foregoing instrument was acknowledged before me this day of
2015 by Rolan Samuel on and Laurie E. Samuelson, who are ❑ personally known to me or
produced `lam as identification.
My commission expires:
TAMMY HELD
•`Jti P0.Y PV 14
=Notary public St��t�e 4!2016
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Print Name: TV ",w
Page 2of2
Attest:
Melissa Teal, Village Clerk
Accepted by:
GRANTEE:
VILLAGE OF NORTH PALM BEACH,
FLORIDA
By:
Robert A. Gebbia, yor
Date:_ Lf
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