Loading...
R2018-15 Memory Care Boundary PlatRESOLUTION 2018-15 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A BOUNDARY PLAT FOR THE MEMORY CARE COMMERCIAL PLANNED UNIT DEVELOPMENT; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Ordinance No. 2017-07, the Village Council approved the Memory Care Commercial Planned Unit Development on two parcels of property totaling approximately 2.72 acres located on the west side of U.S. Highway One north of Ebbtide Drive and south of Lighthouse Drive ("Property"5; and WHEREAS, Ordinance No. 2017-07 requires the developer to provide a necessary draft boundary plat as a re -plat of the entire Property prior to the issuance of the first infrastructure permit; and WHEREAS, the Village Engineer has certified that the boundary plat is consistent with the requirements of Chapter 177, Florida Statutes, and the Village Code of Ordinances; and WHEREAS, the Village's Planning Commission reviewed the boundary plat at a public hearing held on February 6, 2018 and recommended approval of the boundary plat; and WHEREAS, the Village Council determines that the adoption of this Resolution 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 hereby approves a boundary plat for the Memory Care Commercial Planned Unit Development, a copy of which is attached hereto and incorporated herein by reference, and authorizes the Mayor to execute the plat on behalf of the Village. Section 3. The Village Council's approval of the boundary plat and the developer's subsequent recordation of the plat in the public records authorizes the issuance of building and infrastructure permits for the Memory Care project. A final plat with all easements, including utility easements, and all required dedications shall be recorded prior to the issuance of a certificate of occupancy for any component of the Memory Care project. Section 4. All resolutions or parts of resolution in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 5. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 22ND DAY OF FEBRUARY, 2018. � (�il'l,age Seal) ( AYOR ATTEST:'. VILLAGE CLERK GeoPointSurveying, Inc.Licensed Business Number LB 77684152 W. Blue Heron Blvd.Riviera Beach, FL 33404www.geopointsurvey.comPhone: (561) 444-2720Suite 105Sheet No. 1 of 2 SheetsTHIS INSTRUMENT PREPARED BYGARY A. RAGER, P.S.M.LS4828 STATE OF FLORIDA.GEOPOINT SURVEYING, INC.4152 WEST BLUE HERON BOULEVARD, SUITE 105,RIVIERA BEACH, FLORIDA 33404.CERTIFICATE OF AUTHORIZATION NO. LB7768SURVEYOR & MAPPER'S CERTIFICATETHIS IS TO CERTIFY THAT THE PLAT SHOWN HEREON IS A TRUE AND CORRECTREPRESENTATION OF A SURVEY MADE UNDER MY RESPONSIBLE DIRECTION ANDSUPERVISION; THAT SAID SURVEY IS ACCURATE TO THE BEST OF MY KNOWLEDGEAND BELIEF; THAT PERMANENT REFERENCE MONUMENTS ("P.R.M.S") ANDMONUMENTS ACCORDING TO SEC. 177.091 (9), F.S., HAVE BEEN PLACED AS REQUIREDBY LAW; AND, FURTHER, THAT THE SURVEY DATA COMPLIES WITH ALL THEREQUIREMENTS OF CHAPTER 177, FLORIDA STATUTES, AS AMENDED, AND THEORDINANCES OF THE VILLAGE OF NORTH PALM BEACH, PALM BEACH COUNTY,FLORIDA.DATE: _______________________________________________________GARY A. RAGER, P.S.M.LICENSE NO. LS4828STATE OF FLORIDABEING A REPLAT OF A PORTION OF BLOCK 9, "VILLAGE OF NORTH PALM BEACH PLAT No. 1",ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 24, PAGE 202 TO 206,INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,LYING IN SECTION 16, TOWNSHIP 42 SOUTH, RANGE 43 EAST,VILLAGE OF NORTH PALM BEACH, PALM BEACH COUNTY, FLORIDA.SILVER CAPITALCOMMERCIAL FUNDING, LLCTITLE CERTIFICATIONSTATE OF FLORIDACOUNTY OF ____________________[I] [WE], _________________________________________ (PRINTED NAME OF ATTORNEY OR TITLE COMPANY), [A DULYLICENSED ATTORNEY IN THE STATE OF FLORIDA] [A TITLE INSURANCE COMPANY, AS DULY AUTHORIZED TO DOBUSINESS IN THE STATE OF FLORIDA] DO HEREBY CERTIFY THAT [I] [WE] HAVE EXAMINED THE TITLE TO THEHEREON DESCRIBED PROPERTY; THAT [I] [WE] FIND THE TITLE TO THE PROPERTY IS VESTED IN____________________________________________.; THAT THE CURRENT TAXES HAVE BEEN PAID; AND THAT ALL PALMBEACH COUNTY SPECIAL ASSESSMENT ITEMS, AND ALL OTHER ITEMS HELD AGAINST SAID LANDS HAVE BEENSATISFIED; THAT [ALL MORTGAGES NOT SATISFIED OR RELEASED OF RECORD NOR OTHERWISE TERMINATED BYLAW ARE SHOWN HEREON] [THERE ARE NO MORTGAGES OF RECORD]; AND THAT [THERE ARE NO ENCUMBRANCESOF RECORD] [THERE ARE ENCUMBRANCES OF RECORD BUT THOSE ENCUMBRANCES DO NOT PROHIBIT THECREATION OF THE SUBDIVISION DEPICTED BY THIS PLAT].DATED: ________________ _______________________________SURVEYOR'S SEALPOET'S WALK MEMORY CAREMORTGAGEE'S JOINDER AND CONSENTSTATE OF _______________________COUNTY OF_____________________THE UNDERSIGNED HEREBY CERTIFIES THAT IT IS THE HOLDER OF [A] MORTGAGE[S], UPON THE PROPERTYDESCRIBED HEREON AND DOES HEREBY JOIN IN AND CONSENT TO THE DEDICATION OF THE LAND DESCRIBED INSAID DEDICATION BY THE OWNER THEREOF AND AGREES THAT ITS MORTGAGE[S] WHICH [IS] [ARE] RECORDED INOFFICIAL RECORD BOOK ___________________ AT PAGE[S] ____________________ OF THE PUBLIC RECORDS OF PALMBEACH COUNTY, FLORIDA, SHALL BE SUBORDINATED TO THE DEDICATION SHOWN HEREON.IN WITNESS WHEREOF, THE SAID CORPORATION HAS CAUSED THESE PRESENTS TO BE SIGNED BY ITS [PRESIDENT][VICE PRESIDENT] AND ITS CORPORATE SEAL TO BE AFFIXED HEREON BY AND WITH THE AUTHORITY OF ITSBOARD OF DIRECTORS THIS _______ DAY OF ______________________, 201__.SILVER CAPITAL COMMERCIAL FUNDING, LLC A FLORIDA LIMITED LIABILITY COMPANYWITNESS: ______________________________BY:________________________________________________ JESSE A. HOLSHOUSER, CHIEF FINANCIAL OFFICERPRINT NAME: ______________________________WITNESS: ______________________________ PRINT NAME: ______________________________ACKNOWLEDGEMENTSTATE OF __________________COUNTY OF ________________BEFORE ME PERSONALLY APPEARED JESSE A. HOLSHOUSER, WHO IS PERSONALLY KNOWN TO ME, OR HASPRODUCED ___________________________ AS IDENTIFICATION, AND WHO EXECUTED THE FOREGOING INSTRUMENTAS CHIEF FINANCIAL OFFICER OF SILVER CAPITAL COMMERCIAL FUNDING, LLC, A LIMITED LIABILITY COMPANY,AND SEVERALLY ACKNOWLEDGED TO AND BEFORE ME THAT [HE] [SHE] EXECUTED SUCH INSTRUMENT AS SUCHOFFICER OF SAID COMPANY, AND THAT THE SEAL AFFIXED TO THE FOREGOING INSTRUMENT IS THE COMPANYSEAL (IF AVAILABLE) OF SAID COMPANY AND THAT IT WAS AFFIXED TO SAID INSTRUMENT BY DUE ANDREGULAR COMPANY AUTHORITY, AND THAT SAID INSTRUMENT IS THE FREE ACT AND DEED OF SAID COMPANY.WITNESS MY HAND AND OFFICIAL SEAL THIS _______ DAY OF _____________________, 201__.MY COMMISSION EXPIRES: ______________________________________________________________NOTARY PUBLIC STATE OF FLORIDAPRINT NAME: ____________________________________COMMISSION NO. _____________________(SEAL)V.O.N.P.B. REVIEWINGSURVEYOR'S SEALVILLAGE OF NORTH PALM BEACH APPROVALTHIS IS TO CERTIFY THAT THIS PLAT HAS BEEN ACCEPTED AND APPROVED FOR RECORD BY THE VILLAGE COUNCILOF NORTH PALM BEACH, FLORIDA, IN AND BY RESOLUTION NO. ____________________, THIS ____, DAY OF_____________________, 201__.BY: ___________________________________ DARRYL AUBREY, MAYORTHIS IS TO CERTIFY THAT THE PLANNING COMMISSION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA HASRECOMMENDED APPROVAL OF THIS PLAT THIS ___ DAY OF ___________________, 201__.BY: ___________________________________ CORY CROSS, CHAIRREVIEWING SURVEYOR'S CERTIFICATETHIS PLAT HAS BEEN REVIEWED FOR CONFORMITY IN ACCORDANCE WITH CHAPTER 177.081 OF THE FLORIDASTATUTES AND SECTION 36-15 OF THE VILLAGE OF NORTH PALM BEACH CODE. THIS REVIEW DOES NOT INCLUDETHE VERIFICATION OF MONUMENTS AT LOT/TRACT CORNERS.DATED THIS ____ DAY OF _________________, 201___.___________________________________GARY M. RAYMAN, P.S.M.LICENSE NO. LS2633STATE OF FLORIDADEDICATION AND DESCRIPTIONKNOW ALL MEN BY THESE PRESENTS THAT NPB SENIOR DEVELOPMENT COMPANY, INC., A DELAWARECORPORATION, AUTHORIZED TO DO BUSINESS IN FLORIDA, OWNER OF THE LAND SHOWN HEREON AS POET'S WALKMEMORY CARE, BEING A REPLAT OF A PORTION OF BLOCK 9, "VILLAGE OF NORTH PALM BEACH PLAT NO. 1",ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 24, PAGES 202 TO 206, INCLUSIVE, OF THE PUBLICRECORDS OF PALM BEACH COUNTY, FLORIDA LYING IN SECTION 16, TOWNSHIP 42 SOUTH, RANGE 43 EAST, VILLAGEOF NORTH PALM BEACH, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:DESCRIPTION:A PORTION OF BLOCK 9, VILLAGE OF NORTH PALM BEACH PLAT NO. 1, ACCORDING TO THE PLAT THEREOF ASRECORDED IN PLAT BOOK 24, PAGE 202 THROUGH 206, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA, LYING IN SECTION 16, TOWNSHIP 42 SOUTH, RANGE 43 EAST, VILLAGE OF NORTH PALM BEACH, PALMBEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCE AT THE SOUTHWEST CORNER OF BLOCK 9, VILLAGE OF NORTH PALM BEACH PLAT NO. 1, ACCORDING TOTHE PLAT THEREOF AS RECORDED IN PLAT BOOK 24, PAGE 202 THROUGH 206, INCLUSIVE, OF THE PUBLIC RECORDS OFPALM BEACH COUNTY, FLORIDA; THENCE N.09°31'23"W. ALONG THE WEST LINE OF SAID BLOCK 9, A DISTANCE OF400.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.09°31'23"W. ALONG SAID WEST LINE OF BLOCK 9, ADISTANCE OF 330.00 FEET; THENCE N.80°28'37"E. ALONG THE NORTH LINE OF THE NORTH 126 FEET OF THE SOUTH 730FEET OF SAID BLOCK 9, A DISTANCE OF 360.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROADNO. 5 (U.S. HIGHWAY 1), A 120' RIGHT-OF-WAY AS SHOWN ON THE STATE ROAD No. 5 MAP PREPARED FOR THEFLORIDA DEPARTMENT OF TRANSPORTATION PROJECT No. 93040-2510, DATED 08-13-01 AND AS SHOWN ON SAIDVILLAGE OF NORTH PALM BEACH PLAT NO. 1; THENCE S.09°31'23"E., ALONG SAID WESTERLY RIGHT-OF-WAY LINE OFSTATE ROAD NO. 5, (U.S. HIGHWAY 1), A DISTANCE OF 330.00 FEET; THENCE S80°28'37"W PARALLEL WITH THE SOUTHLINE OF SAID BLOCK 9, A DISTANCE OF 360.00 FEET TO THE POINT OF BEGINNING.CONTAINING: 118,800 SQUARE FEET OR 2.727 ACRES MORE OF LESS.HAS CAUSED THE SAME TO BE SURVEYED AND PLATTED AS SHOWN HEREON AND DO HEREBY DEDICATE ASFOLLOWS:TRACT "A" AND TRACT "B", AS SHOWN HEREON, ARE HEREBY RESERVED FOR NPB SENIOR DEVELOPMENT COMPANY,INC., A DELAWARE CORPORATION, AUTHORIZED TO DO BUSINESS IN FLORIDA, ITS SUCCESSORS AND ASSIGNS, FORFUTURE DEVELOPMENT AND PURPOSES CONSISTENT WITH THE ZONING REGULATIONS OF VILLAGE OF NORTH PALMBEACH, FLORIDA, AND IS THE PERPETUAL MAINTENANCE OBLIGATION OF SAID NPB SENIOR DEVELOPMENTCOMPANY, INC., ITS SUCCESSORS AND ASSIGNS, WITHOUT RECOURSE TO THE VILLAGE OF NORTH PALM BEACH.IN WITNESS WHEREOF, THE ABOVE-NAMED CORPORATION, HAS CAUSED THESE PRESENTS TO BE SIGNED BY ITSPRESIDENT AND CHIEF EXECUTIVE OFFICER [AND ATTESTED BY ITS ________________________________(OTHERCORPORATE OFFICER)], AND ITS CORPORATE SEAL TO BE AFFIXED HERETO BY AND WITH THE AUTHORITY OF ITSBOARD OF DIRECTORS, THIS _______ DAY OF _____________________, 201__.NPB SENIOR DEVELOPMENT COMPANY, INC.A DELAWARE CORPORATIONWITNESS: ______________________________BY:____________________________________________________ LARRY D. SILVER, PRESIDENT & CHIEF EXECUTIVE OFFICERPRINT NAME: ______________________________WITNESS: ______________________________ PRINT NAME: ______________________________ATTEST: ___________________________________PRINT NAME: _______________________________ACKNOWLEDGEMENTSTATE OF FLORIDACOUNTY OF ____________________BEFORE ME PERSONALLY APPEARED LARRY D. SILVER, WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED____________________________ AS IDENTIFICATION, AND WHO EXECUTED THE FOREGOING INSTRUMENT AS PRESIDENTAND CEO OF NPB SENIOR DEVELOPMENT COMPANY, INC. A CORPORATION, AND SEVERALLY ACKNOWLEDGED TOAND BEFORE ME THAT [HE] [SHE] EXECUTED SUCH INSTRUMENT AS SUCH OFFICER OF SAID CORPORATION, AND THATTHE SEAL AFFIXED TO THE FOREGOING INSTRUMENT IS THE CORPORATE SEAL (IF AVAILABLE) OF SAIDCORPORATION AND THAT IT WAS AFFIXED TO SAID INSTRUMENT BY DUE AND REGULAR CORPORATE AUTHORITY,AND THAT SAID INSTRUMENT IS THE FREE ACT AND DEED OF SAID CORPORATION.WITNESS MY HAND AND OFFICIAL SEAL THIS _______ DAY OF _____________________, 201__.MY COMMISSION EXPIRES: ______________________________________________________________NOTARY PUBLIC STATE OF FLORIDAPRINT NAME: ____________________________________COMMISSION NO. _____________________(SEAL)VILLAGE OF NORTHPALM BEACH SEALSURVEYORS NOTES1.PERMANENT REFERENCE MONUMENTS (P.R.M.) ARE SHOWN THUS: " " A 1 1/2"BRASS DISK STAMPED "PRM LB7768" SET IN A 4"x4"x24"CONCRETE MONUMENT.2.BEARINGS SHOWN HEREON ARE BASED ON THE WEST LINE OFSECTION 16, TOWNSHIP 42 SOUTH, RANGE 43 EAST, HAVING A BEARING OF1ƒ ´(3.NO BUILDING OR ANY KIND OF CONSTRUCTION OR TREES OR SHRUBS SHALL BEPLACED ON ANY EASEMENT WITHOUT PRIOR WRITTEN CONSENT OF ALLEASEMENT BENEFICIARIES AND ALL APPLICABLE VILLAGE OF NORTH PALMBEACH APPROVALS OR PERMITS AS REQUIRED FOR SUCH ENCROACHMENTS.4.THE BUILDING SETBACKS LINES SHALL BE AS REQUIRED BY ORDINANCE NO.2017-07 OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,FLORIDA .5.NOTICE: THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIALDEPICTION OF THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NOCIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC ORDIGITAL FORM OF THE PLAT. THERE MAY BE ADDITIONAL RESTRICTIONS THATARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLICRECORDS OF PALM BEACH COUNTY.6.IN THOSE CASES WHERE EASEMENTS OF DIFFERENT TYPES CROSS OROTHERWISE COINCIDE, DRAINAGE EASEMENTS SHALL HAVE FIRST PRIORITY,UTILITY EASEMENTS SHALL HAVE SECOND PRIORITY, ACCESS EASEMENTSSHALL HAVE THIRD PRIORITY, AND ALL OTHER EASEMENTS SHALL BESUBORDINATE TO THESE WITH THEIR PRIORITIES BEING DETERMINED BY USERIGHTS GRANTED.7.ALL LINES INTERSECTING CIRCULAR CURVES ARE RADIAL UNLESS OTHERWISENOTED.AREA TABULATION (IN ACRES)TRACT A:2.461TRACT B:0.266POET'S WALK MEMORY CARE:2.727 TOTAL ACRES, MORE OR LESSNPB SENIOR DEVELOPMENT COMPANY, INC.A DELAWARE CORPORATION US-1 (STATE ROAD No.5)20' ALLEY (P.B. 24, PG. 202)S80°28'37"W360.00'N80°28'37"E360.00'N09°31'23"W330.00'S09°31'23"E330.00'A PORTION OF BLOCK 9 2$2) BLOCK 9A (P.B. 24, PG. 202)89101112630 NPB LLC20'SERVICEROAD2112BLOCK 73BLOCK 72P.B. 25, PG. 1671N09°31'23"W60.00'FIRST PROFESSIONAL BUILDING CONDOMINIUM(O.R.B. 1553, PG. 403)YACHT CLUB ADDITION (P.B. 26, PG. 249)A PORTION OF BLOCK 9 2$2) N9°31'23"W141.32'N80°28'37"E82.00'S9°31'23"E141.62'S80°41'14"W82.00'LIGHTHOUSE DRIVEGeoPointSurveying, Inc.Licensed Business Number LB 77684152 W. Blue Heron Blvd.Riviera Beach, FL 33404www.geopointsurvey.comPhone: (561) 444-2720Suite 105Sheet No. 2 of 2 SheetsPOET'S WALK MEMORY CARESCALE: 1" = 30'L E G E N DPOINT OF COMMENCEMENTPOINT OF BEGINNINGN 85°22'44" E 2171.94'N 42°34'03" E 3384.49'TRACT "A"BEING A REPLAT OF A PORTION OF BLOCK 9, "VILLAGE OF NORTH PALM BEACH PLAT No. 1",ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 24, PAGE 202 TO 206,INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,LYING IN SECTION 16, TOWNSHIP 42 SOUTH, RANGE 43 EAST,VILLAGE OF NORTH PALM BEACH, PALM BEACH COUNTY, FLORIDA.TRACT "B"