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2017-11 Seacoast Utility Authority EasementRESOLUTION 2017 -11 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A UTILITY EASEMENT IN FAVOR OF SEACOAST UTILITY AUTHORITY OVER A PORTION OF THE NORTH PALM BEACH GOLF COURSE 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 ( "SUA ") has requested a Utility Easement through a portion of the North Palm Beach Country Club golf course to install a water main loop in its distribution system to benefit the residents along Country Club Drive, Greenway Drive, Par Court, Overlook Drive, and Country Club Circle; and WHEREAS, SUA will utilize trenchless technology so as not to disturb the golf course and has agreed to provide a connection point on this main for the Village to obtain temporary water service for its temporary Clubhouse facilities; and WHEREAS, the Village Council determines that the execution of a Utility Easement in favor of SUA 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 a Utility Easement in favor of Seacoast Utility Authority over a portion of the North Palm Beach Country Club golf course, a copy of which is attached hereto and incorporated herein by reference, and authorizes the Mayor and Village Cleric to execute the Utility Easement on behalf of the Village. Section 3. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 9T'-I DAY OF FEF (Village 'Seal) ATTEST: LVA I a W&%,@ A ME W in wo Q� 0 Return to: Bruce Gregg Seacoast Udliity Authority 4200 Howl Road Palm Beach Gardens, FL 33410 UTILITY EASEMENT OR 113K 2-e-11905 F,G C-iS21, RECORDED 02/22/2017 13:39W Palm Beach County, Florida Sharon R. Bock ;CLERK & COMPTROLLER Pss 0821 - 8026; t6a9si THIS EASEMENT is made and entered into this f0l day oMher 2017 between the Village of North Palm Beach, a Florida municipal corporation n aft r 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, FL 34410. 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 shall 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. Further, 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. Page 1 of 2 This Easement, 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. IN WITNESS WHEREOF, Grantor has hereunto set its hand affixed its seal as of the date first above written. WITNESSES: Signature Print Name Witness Signature \ Print Name State of Florida GRANTOR: Village of North Palm Beach, a Florida municioalzorporatiop-, 0 Attest: Teal, Village Clerk County of Palm Beach )ss: The foregoing instrument was acknowledged before me this Aq day of�V`Qr� 2017 by David B. Norris and Melissa Teal, as Mayor and Village Clerk, respectively, of the Village of North Palm Beach who: 'z� are personally known to me or ❑ produced as identification. HELD Boric State of Florida Ida Expires Dec 4, 2018 Commission # FF 173185 Bonded through National [+may TAMMY HELD Notary Public -State of Flori a • My Comm. Expires Dec 4, 2018 y „Ijjjj1, , B Nwgon # FF Notary h National Notary Assn Notary Public Print Name: T4�t`n�'� My commission expires: Page 2 of 2 DESCRIPTION & SKETCH PREPARED FOR: SEACOAST UTILITY AUTHORITY S.U.A. EASEMENT VILLAGE OF NORTH PALM BEACH GOLF COURSE l o i N I F-- LL- I g SECTION 9 TOWNSHIP AST SOUTH, RNGE VILLAGE OF NORTH PALM BEACH t GOLF COURSE j ca (NOT PLATTED) t1� a GOLF COUR AD )TION TO VILLAGE OF N Ti P M BEACH , tP.B, 27, P Sj 8 -97? PROBOSED EASEMENT 1 1 , SURVEYOR'S NOTES3 1. THIS DRAWING IS NOT A SURVEY. 2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 3. BEARINGS SHOWN HEREON ARE BASED ON AND RELATIVE TO AN ASSUMED BEARING OF NORTH 060113" EAST ALONG THE CENTERLINE OF CLUB DRIVE. THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION. 4. THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER. IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF $. THIS LEGAL DESCRIPTION EMPLOYED BY LIDBERG LAND SURVEYING, INC. URy YOR�� YWPER 6. �AFLORIDA LEGAL DISC LI38£RG L ABBREVIATIONS: P.B. - PLAT BOOK P,O.B. • POINT OF BEGINNING P.O.C.. POINT OF COMMENCEMENT BY, D I C. P.O,T. - POINT OF TERMINUS MAPPER S.U.A. - SEACOAST UTILITY AUTHORITY FLOR DA CE#iTIFICATE NOR 3 3 L � � B E . � LAND W. X',USi ,094215 , 27 ->as, 18.121.507 , IS-121-303M REF. Flo. FB. PC. JOB 16.121.303 I Off. R.J1Y. OAiE OV2812017 SURVEY' I N C f NC csaaa,l 1teas kr oaowa NO , �8le 1-7248 CBD. E.C. SIIEEi I OF 4 � A1B -121 K. 9 :61:55 AM 3 DESCRIPTION & SKETCH PREPARED FOR: SEACOAST UTILITY AUTHORITY S.U.A. EASEMENT VILLAGE OF NORTH PALM BEACH GOLF COURSE LEGAL DESCRIPTION PARCEL "A" A PARCEL OF LAND LYING WITH IN SECTION 9, TOWNSHIP 42 SOUTH, RANGE -43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED. AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY TERMINUS OF THE CENTERLINE OF CLUB DRIVE, AS SHOWN ON THE PLAT OF GOLF COURSE ADDITION TO VILLAGE OF NORTH PALM BEACH, AS RECORDED IN PLAT BOOK 27, PAGES 96 THROUGH 97, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT OF BEGINNING ALSO BEING A POINT ON A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 450,00 FEET AND A CHORD BEARING OF NORTH 30 °53'17" WEST: THENCE ALONG THE EASTERLY BOUNDARY OF SAID PLAT OF GOLF COURSE ADDITION TO VILLAGE OF NORTH PALM BEACH AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE. THROUGH A CENTRAL ANGLE OF 03 °49'21", A DISTANCE OF 30.02 FEET TO THE NORTHWESTERLY RIGHT -OF -WAY LINE OF AFORESAID CLUB DRIVE; THENCE ALONG THE NORTHEASTERLY PROLONGATION OF SAID NORTHWESTERLY RIGHT -OF -WAY LIME, NORTH 61 001'23" EAST, A DISTANCE OF 20.04 FEET; THENCE SOUTH 30°48 24 EAST, A DISTANCE OF 30.02 FEET TO A POINT ON THE NORTHEASTERLY PROLONGATION OF AFORESAID CENTERLINE OF CLUB- DRIVE; THENCE ALONG SAID PROLONGATION, SOUTH 61 001'23° WEST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: PARCEL "B" A STRIP OF LAND, 15.00 FEET IN WIDTH, LYING WITH IN SECTION 9, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, THE CENTERLINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY TERMINUS OF THE CENTERLINE OF CLUB DRIVE, AS SHOWN ON THE 'PLAT OF GOLF COURSE ADDITION TO VILLAGE OF NORTH PALM BEACH, AS RECORDED IN PLAT BOOT( 27, PAGES 96 THROUGH 97, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE ALONG THE NORTHERLY PROLONGATION OF SAID CENTERLINE, NORTH GI *01'23" EAST, A DISTANCE OF 12.49 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 793.00 FEET AND A CHORD BEARING OF SOUTH 82018'01" EAST AND TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 51 °20'24 ", A DISTANCE OF 710.57 FEET TO A POINT OF TANGENCY; THENCE NORTH 72101'47" EAST, A DISTANCE OF 29.98 FEET MORE OR LESS TO THE LINE OF 1RADIUS0.OF 2294.23 FEET. THE SIDELINES OF THE WESTERLY LIMITS OF SAID 15.00 FOOT STRIP SHALL BE LENGTHENED OR SHORTENED, AS NECESSARY, TO INTERSECT THE BOUNDARY OF ABOVE DESCRIBED PARCEL "A" AND THE SHORTENED,NEAS FNECESSARYt TO LIMITS ERSECTSAID ORESAID WESTERLYIRIGHT- OF- WAYELINEE OFDU.SR HIGHWAY ONE. CONTAINING IN ALL 0.269 ACRES OR 11,705 SOUARE FEET MORE OR LESS. CA MUST 1 091243 1 27.96 \ ,S•230 \ 812- 303ACN L N D B E R G� A N� n' INCW. FB. PC. J08 u 1 l r G 9 A N \i Off. R.J.N. DATE 676 Wost ktdi0nta Rood, Salle 200, E E� SHEET 2 Of 1 00. L04431 n ef�er. FleiWd 33458 TEf . 58l -748 -8454 K,IU$T\094243127- 96176 -121 303116. 121- 303.DGN 113112097 9:52:00 AM 01 DESCRIPTION & SKETCH PREPARED FOR: SEACOAST UTILITY AUTHORITY S.U.A. EASEMENT VILLAGE OF NORTH PALM BEACH GOLF COURSE GOLF COURSE ADDITION TO VILLAGE OF NORTH PALM BEACH (P.B. 27, PGS, 96 -97) 40 viA"' r 39 SECTION 9, TOWNSHIP 42 SOUTH, RANGE 43 EAST VILLAGE OF NORTH PALM BEACH GOLF COURSE (NOT PLATTED) o1 DO �,�,c��`'�4� C oF' EASTERLY BOUNDARY I GOLF COURSE AWTION TO ' VILLAGE OF NORTH PALS! BEACH (P.O. 27, PGS. 96-97) P.O.B. PARCEL "B" uj I 5610 OP23 "W x I cn 20.00' D -51° 20'24„ R- 793.00' I w L- 710.57' cn CS -S82° 18'01"E CFNrFR,�`�+, L. AND D W. 1UU15T \ 691243 \ 21 -96 \18-121 -303 \ 16•Y!1-J03.00N LIDBERG F9. Fu- off. PC. SURVEYING, INC. RJ'w. L04431 67 �BWe��I anfvwn Rte. & ! 605 CO. E.0 SItEEi 3 01 1 DWQ. K:1U8 -n0942 M27. 96116. 121 - 303116.121 303.DGH 1/31/2017 9:52:05 AM 0 M 4J � U cn U 0 n r• DESCRIPTION & SKETCH PREPARED FOR: SEACOAST UTILITY AUTHORITY S.U.A. EASEMENT VILLAGE OF NORTH PALM BEACH GOLF COURSE t 1 o t M � t lwir t z t w o N , a t M � ; SECTION 9, TOWNSHIP 42 SOUTH, M RANGE 43 EAST On rn t VILLAGE OF NORTH PALM BEACH { GOLF COURSE ! (NOT PLATTED) P.O.T. t to PARCEL "B" • p1 �,� E "� t - ppgC�� -1NE� Poo r•r' D -51° 20'24" R•793.00' , . W50.67' C8- S82.18'01"E 1 mom 1 t t l LIDBERGLAND � MUST \ 094243 \ 27-96 \ X421 -303 \ Z-121."=N FLO. Fe. Pa. S06 16- 121 -303 SURVEYING, INC$ OFF. A.d.Yi. WE 0t126/2011 684ns1 s7�elYoaomdlaal� �a ° t ze °a c� E.C. si #¢r 4 ar 4 ova. Af6.121 K:IUs'Roo4243127 sai6- 121 - 303116- t21- 303.DQN 1/31/2017 9:6210 AM