1984-37 Authorizing the Mayor & Village Clerk to Sign Certain Public Drainage & Utility EasementsRESOLOTION NO. 37-84
A Resolution of the Village Council of North Palm Beach,
Florida, authorizing the Mayor and the Village Clerk to sign a
disclaimer to a certain public drainage and utility easement lying
between Lots 12 and 13, Block 38, Plat No. 3, of The Village of
' North Palm Beach.
Be it Resolved by The Village Council of North Palm Beach,
Florida:
Section 1. The Mayor and the Village Clerk be, and they
are hereby, authorized and directed to sign a disclaimer to a
certain public drainage and utility easement granted to The
Village of North Palm Beach as per copy of the disclaimer
attached hereto, marked Exhibit 1, and by reference made a part
hereof.
Section 2. That the signing of this Disclaimer set forth
in Section 1 above, be conditioned upon the grant of a utility
easement by the property owner, Cape Ann Development Corporation,
to the following described property:
A strip of land for drainage and utility purposes being
the North 10 feet of Lot 13, Block 38, VILLAGE OF NORTH
PALM BEACH, PLAT NO. 3, according to the plat thereof,
as recorded in Plat Book 25, pages 175 and 176, public
records of Palm Beach Couty, Florida.
The form of the easement shall be as directed by Village council.
Passed and Adopted this 13th. day of September 1984.
(Village Seal) ~ Q~w~,~~_
' VICE MAYOR
ATTEST :- . e-G~-t-~~ c_ t-~i Ca/// C
VILLAGE CLERK
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY, that on this day personally appeared before me,
an officer duly authorized in the County and State aforesaid to
take acknowledgments, Al Moore, YiCe Mayor, and
Dolores~Walker Village Clerk, o THE VILLAGE OF NORTH PALM BEACH,
' a municipal corporation existing under the laws of the State of
Florida, to me known to be the individuals and officers of said
corporation described in and who executed the foregoing
instrument and they acknowledged the execution thereof to be
their free act and deed as such officers thereunto duly
authorized, that the official seal of said corporation is duly
affixed thereto, and that the said instrument is the act and deed
of said corporation.
WITNESS my hand and official seal in the County and State last
aforesaid this 14th day of September , 1984.
~a~u, C ~s-c.cu g
Notar Pu l~c~-
My commission exppires:
tD7EAlV iC1BLIC STAfi !1F FLORIDA AT tAROE
KN CDMA7ISSION E%Plk~3 FEARUARY 15,1Dd7
(sea 1) BONDED THHU CHAS. fL DOaSEY, IHC, ,
Prepared by and return to:
Gary J. Nagle, Esquire
Nagle & Miller
450 Australian Avenue, Suite 600
t West Palm Beach, FL 33401
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EXHIBIT 1
D I S C L A I M E R
' KNOW ALL MEN BY THESE PRESENTS:
That The Village of North Palm Beach, Florida, a municipal
corporation under the laws of the State of Florida, does by these
presents disclaim any interest in and to the following described
property owned by CAPE ANN DEVELOPMENT CORPORATION, a Florida
Corporation, situate, lying and being in the Village of North
Palm Beach, Palm Beach County, Florida, to wit:
That certain public drainage and utility easement along
the South 6 feet of Lot 13, Block 38, and the North 6
feet of Lot 12, Block 38, VILLAGE OF NORTH PALM BEACH,
PLAT NO. 3, according to the Plat thereof, as recorded
in Plat Book 25, pages 175 and 176, public records of
Palm Beach County, Florida.
in that the same is no longer needed for public utility and
anchor easement purposes.
IN WITNESS WHEREOF, the duly authorized officers of said
Village have hereunto set their hands and affixed the Seal of
said Village this 13th day of SBptemher , 1984.
THE VILLAGE OF NORTH PALM BEACH
(Village Seal) By: ~g_~~ rh
VICE Mayor
ATTESTfiC/ ~'x-~4 ~ ~ G~~
' Village Clerk
DRAINAGE EASEMENT
THIS EASEMENT, made this 13~ day of SEPTEMBER, 1984, between CAPE
ANN DEVELOPMENT CORPORATION, a Florida Corporation, as party of the
first part, and THE VILLAGE OF NORTH PALM BEACH, a Municipal
Corporation under the laws of State of Florida, as party of the second
part.
WITNESSETH: That the said party of the first part, in consideration
' of the sum of One ($1.00) DOLLAR and other valuable considerations
paid, the receipt of which is hereby acknowledged,- hereby grants unto
the second party, its stfCessors and assigns, a perpetual easement and
right of way for the purpose of a drainage easement, over, upon, under,
through and across the following described land, situate, lying and
being in the County of Palm Beach, State of Florida, to-wit:
The North ten (10) feet of Lot 13, Block 38, VILLAGE OF NORTH PALM
BEACH, PLAT NO. 3, according to the plat thereof, as recorded in Plat
Book 25, pages 175 and 176, public records, Palm Beach County, Florida.
TO HAVE AND TO HOLD THE SAME unto the second party, its successors and
assigns forever.
IN WITNESS WHEREOF, said party of the first part has hereunto set
its hand and affixed its seal the date first above written.
CAPE ANN DEVELOPMENT CORPORATION
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STATE OF FLORIDA
COUNTY OF PALM BEACH
Ys
, VA . ,
I HEREBY CERTIFY, that on this day personally appeared before me, an
officer duly authorized in the County and State aforesaid to take
acknowledgments, JOSEPH P. SANTOS, JR., President and ALICE E. SANTOS,
Secretary of CAPE ANN DEVELOPMENT CORPORATON, a corporation existing
under the laws of the State of Florida, to me known to be the
individuals and officers of said corporation described in and who
executed the foregoing instrument and they acknowledged the execution
thereof to be their free act and deed as such officers thereunto duly
authorized, that the official seal of said corporation is duly affixed
thereto, and that the said instrument is the act and deed of said
corporation.
WITNESS my hand end official seal in the County and State last
aforesaid this I3Y day of SEPTEMBER, 1964.
' Prepared by and return to:
N tart' u c
Gary J. Nagle, Esquire
Nagle & Miller My commission expires:
950 Australian Avenue, Suite 600
West Palm Beach, FL 33401 (seal)
LtY CO;;~h1 5>IO;J E:.PIYE; .tUG 13 1936
bONP.:{U 7FiRU GcNEF;AI 1N5_ UNDEgtiVI211ECS
Signed, sealed, and delivered
in the presence of:
~. FUND MORTGAGEE FORM ~~
SCHEDULE A
SFf I f
Policy No.: MP_592221 Effective Date: 1984 ember': File Reference: R 937
at 00 P.M.
Amount of Insurancr.' S 120. 000.00
Namc of htsured:
SUBURBAN BANK, and/or its successors and assigns
"flte estate or interest in the land described in this Schedule and which is encumbered by the insured mortgage is a fee simple
(if outer, specify same) and is at the effective date hereof vested In:
CAPE ANN DEVELOPMENT CORPORATION, a Florida Corporation
3. The land referred to in this policy Is deurlbed as follow,i:
Lot 13, Block 38, VILLAGE OF NORTH PALM BEACH, PLAT N0. 3,
a subdivision of Palm Beach County, Florida, according to
the Plat thereof on file in the Office of the Clerk of the
Circuit Court in and for Palm Beach County, Florida, recorded
in Plat Book 25, page 175 and 176.
The mortgage, herein referred to as the Insured mortpge, and the tuignments thereof, If any, are describeQ as follows:
Mortgage from Cape Ann Development Corporation dated July 2, 1984
and recorded July 6, 1984 in Official Record Book 4289, page 988,
of the public records of Palm Beach County, Florida, said wortgage
in favor of Suburban Bank and in the original sum of $110,000.00.
ISSUED BY
NAGLE fi MILLER
7472
(Anorney or Firm o/ Attorneys) MEMBER NO. ATTOR - MBER'S 51 ATURE
450 Australian Avenue, Ste. 600 West Palm Beach Ftortd., 33401
(Meiling Addrstfl IChYI (tip)
F Form Np _SC H, A IAav. 1/771 (11/84 O51 16M)
JOINDER BY MORTGAGEE
COMES NOW the Mortgagee and sets forth that it hereby
joins in and consents to the granting of the easement shown
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on Exhibit "A" attached hereto.
SUBURBAN BANK
W LIAM SHORT, c~reaiclent
i
Subscribed before me this ~~ay of 1984.
NOTA'Y PUB, ~~
MY C MMISSION EXPIRESt
(SEAL)
ROTIJtY PUPlJC SiRiE OF FtJ)tt!0~
61Y OOM~iISSION E%WRES JUNE 27,1968
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