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1996-065 Easement Deed with Seacoast UtilitiesRESOLUTION N0. 65-96 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO EXECUTE AND DELIVER AN EASEMENT DEED TO SEACOAST UTILITY AUTHORITY ATTACHED AS EXHIBIT "A" FOR THE PURPOSE OF THE AUTHORITY INSTALLING A SEWER MAIN TO BE SHARED BY THE VILLAGE'S OSBORNE PARK FACILITIES AND FIRST PRESBYTERIAN CHURCH OF NORTH PALM BEACH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THfi VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the Easement Deed to Seacoast Utility Authority attached as Exhibit "A", which Easement Deed is for the purpose of the Authority installing a sewer main to be shared by the Village's Osborne Park facilities and First Presbyterian Church of North Palm Beach. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute and deliver the Easement Deed attached as Exhibit "A" to Seacoast Utility Authority for and on behalf of the Village of North Palm Beach. Section 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 24th. DAY OF -OCTOBER 1996. (Village Seal) ATTEST: Village Clerk ~~ MAYOR LARflT B. ALEXANGEp CARL gNGELOFF M, TRACEY BIAGIOTTI 0.AY C. OROOKER JOTCE A. CONWgY MARGAFET L. COOPER EDWARD OIAE REBECCA G. OOANE CHRISTOPHER S. DUKE H. MICHAEL EASLEY SCOTT C. HgWKINO THORNTON N. HENpY PETER 5. HOLTON MggK 0. KLEINFELO JONES, FOSTER, JOHNSTON 8i STUSSS, ATTORNEYS AND COUNSELORS FLAGLER CENTER TOWER 505 SOUTH FLAGLER DRIVE MICHAEL r. KRgNZ ELEVENTH FLOOR JOHN eLglq MccRgcKEN WEST PALM BEACH FLORIDA 33401 SCOTT L. MCMULLEN , OAVIO PRgiT JOHN G RANOOLPH P. O. BOX 34]$ srevEN J. ROTHMAN PETER A. SACHS WEST PALM BEACH, FLORIDA 33402-34]5 O. CULVER SMITH 0 (581) BS$-3000 910NEY q. ST0005 ALLEN R TOMLINSON FAX: ($61) 832-14$4 JOHNS. TRIMPER BRIAN K. Wq%MAN H. ADAMS vlEavER WAITER'S DIRECT LINE: October 9, 1996 VIA: FACSIMILE AND REGULAR U.S. MAIL Thomas Hogarth, P.E., Director of Public Services VILLAGE OF NORTH PALM BEACH 645 Prosperity Farms Road North Palm Beach, Florida 33408 P. A_ HENRY F. LILIENTHAL 190PA9B2 HARRT ALLISON JOHNSTON 1955-1983 R. BRVCE JONE9 t9Wd9B9 PAVL C, WOLFE 1933n991 RETIRED WILLIAM q. FOSTER Of COUNSEL L MggTIN FNNAGNJ JACK A PUSCO RE: Easement/Seacoast Utility/Vitlage of North Pahn Beach/First Presbyterian Church of North Palm Beach Dear Mr. Hogarth: As you aze awaze, there have been discussions concerning the prospect of the Village of North Patin Beach granting to Seacoast Utility Authority, an easement for purposes of locating a gravity sewer main. The gravity sewer main is necessitated by virtue of the consriuction which is presently ongoing at the First Presbyterian Church. It is my understanding that there have been ongoing discussions between representatives from the Village and from the Church concerning the necessity of this easement. In order to expedite a consideration and resolution of this matter, I am herein enclosing a proposed easement to be executed by the Village of North Palm Beach. The easement sets forth the Legal description and sketch describing that property which would be subject to the easement. The easement has been prepared in a form acceptable to Seacoast Utility Authority. It is my understanding that the Village of North Palm Beach shall present this to its Governing Board for purposes of obtaining authorization to grant the request for the easement. In order` to 'expedite the construction, I would request that you please give consideration to issuing a letter to Seacoast Utility Authority, indicating staffs recommendation to its Board that the requested easement be granted. Such a letter would ~' - Thomas Hogarth, P.E., Director of Public Services - -- VILLAGE OF NORTH PALM BEACH October 9, 1996 Page 2 facilitate the release by Seacoast of current plan approvals necessary to keep the construction ongoing. I will follow-up this letter with a telephone call and would ask that in the interim, if you have any questions, please contact me directly. By copy of this letter to Scott Serra, of Seacoast Utility Authority, I am advising hirn of this transmittal. Very truly yours, JONES, FOSTER, 70HNSTON 8c STLJBBS, P:F,. By: Scott G. Haw ins Enclosure cc: Mr. Scott Sena Mr. Shannon Ginn G:\USERS\AT1Y\SGI~CFi[RtCENiOGARTH.LEl\dnc 8 s JONES , FOSTER , J O H N S T O N & S T U B B S. P. A. nertntx pro: 5eawa~t Vta:ey Aulhoriyy PAD Hood Road Palm nex6 Gmdona P! J9410 EASEMENT DEED THIS EASEMENT ]]EEI7 made and entered info this day oC , 19 ,between ~os __(hcrcillafter referred to as "Grantor") wftose address is and 5eaalast Utility Autlturiry (hereinafter referred to as s ~Ire~s t 42~~ - ood Road, Palm Beach Gardens, blorida, 33410. W ITNCSSE"i'I-I: 'That Grantor, far and iu consideration of the sum o[ -i'en Dnllars ($10.DD) in hand paid by the Grantee, the receipt of which is hereby acknowledged, does hereby grant to the Grantee, its successors and nsslgns, a perpetual utility ensentent a~hiclt shat] 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 EacIlities ia, on, over, under aad across the easement premises. The easement hereby granted covers a parcel of land tying, situate and being in Palm Ilenclt County, 1=larida, and being more particularly described as follows: 5EE L•XHII3IT "A", ATTACI-IED I-IERETO AND MADE A PART H):REOP Grantor hereby covenants with Grmrtee that it is lawfully seized and in possession of the real property herein described aad that it has good and lawful right to grant the aforesaid easement free and clear of marigages and other eucuntbrances. IN WITNESS WHI;REOP, the Grantor has hereunto set its hand and affixed its seal as of the date Srst above written. W TxNESS: Signed, sealed aad delivered in the pre once of: ~~~ Witness Signatur~ Print Name D W' ess Sig atare R ~.,,~, i, A i 6 ~t+ Print Name V GRANTOR: VIIJAGE OF NOI2Td PALM BEACH. Fay: G'- G/ ~/7/L-s~ , ~J. ~ ^ Tine a t~ Print Name ~"itle Print Name Page I of 3 STATE OF FLORIDA ) COUNT'S,' OF PALM BEACH ) The foCegoing instrument was acknowledged before me this a~>~?day of ©(+.~OJ~K , 19~ by lG„q. f1/I,QII.~ S /YI.~YPR ana ,(%2,~1r/mil/ 1~/lE/~ l'/.d-2.~ both who are personally known to me asident'tFie~ea-aed who did take an oath. Notary Signature OFFt L NOTARY SEAL MEISSSA A TEAL NOTARY FUSL[C STATE OF FLORIDA COMMISSION NO. CCi01429 - MY GJN,MISSION FXP. JULY F3,1)97 - /y/,E/ss.~ 1 Z Print Name Nawry Public -State of Florida Commission No: CrC,~o/ya9 997 My Commission lapires: r%GC f//~ ~ AfORTGAG6E 701ND;/R AND CONSENT: The undersigned Mortgagee does hereby join in and consent to the granting oC this Utility Easement across the lands herein described, and agrees that its mortgage, which is recorded in OCGcia] Record Book . page , _, of the Public Records of Palm Beach County, shall be subordinated to this Utility Easement. IN WTINESS WHEREOF, has caused these presents to be executed in its acme this ~ day of , l9. WITNESSES: Signed sealed and delivered in the presence of: Witness Signature Print Name Pritti Name Witness Signature Print Name Page 2 of 3 v STATE OF COUNTY OF The Foregoing instrument was acknowledged before me this ~ day o£ • I9_, ~, who is personally known co me or who has produced as identification and ~Lho did ~ take an oath. WITNESS my hand and oCGcia1 seal ht the Cowry and Swte last aforesaid this day of ~, 19_.. Notary Signature Print Name Notary I'uUlic~- State o£ Florida Commission Nn: icy Convuission Gpires: Pnge 3 oC 3 J ~ J RCPROORAPHiCB 6!2670 EASEMENT DESCRIPTION: A STRIP OF LAND LYING IN SECTION 17, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1, BLOCK D, VILLAGE OF NORTH PALM BEACH PLAT NO. 4, AS RECORDED IN PLAT BOOK 25, PAGES 229 AND 230 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE RUN S01°57'23" W, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF PROSPERITY FARMS ROAD AS DESCRIBED IN OFFICIAL RECORD BOOK 6410, PAGE 1898, AS RECORDED IN SAID PUBLIC RECORDS, A DISTANCE OF 472.07 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED , CENTERLINE OF A TWELVE (12) FOOT UTILITY EASEMENT (SIX (6) FEET ON EACH SIDE); THENCE N82°41'20" W, ALONG SAID CENTERLINE, A DISTANCE OF 137.38 FEET TO REFERENCE POINT "A"; THENCE CONTINUE N82°41'20"W, ALONG SAID CENTERLINE; A DISTANCE OF 135.21 FEET TO REFERENCE POINT "B"; THENCE CONTINUE N82°41'20" W, ALONG SAID CENTERLINE, A DISTANCE OF 69.54 FEET TO THE WESTERLY TERMINUS OF SAID EASEMENT; THENCE RETURNING TO REFERENCE POINT "A", RUN N04°53'59" E, A DISTANCE OF 23.81 'FEET MORE OR LESS TO THE SOUTH LINE OF THE PARCEL OF LAND OWNED BY FIRST PRESBYTERIAN CHURCH OF NORTH PALM BEACH AND THE NORTHERLY TERMINUS POINT OF SAID EASEMENT; THENCE RETURNING TO REFERNCE POINT "B", RUN N01°57'23" E, A DISTANCE OF 12.00 FEET MORE OR LESS TO THE SOUTH LINE OF THE PARCEL OF LAND OWNED BY THE FIRST PRESBYTERIAN CHURCH OF NORTH PALM BEACH AND THE NORTHERLY TERMINUS POINT OF SAID EASEMENT. EASEMENT DESCRIPTION FIRST PRESBYTERIAN CHURCH OF NORTH PALM BEACH & VILLAGE OF NORTH PALM BEACH 8 NOTE: SEE SHEET 2 FOR SKETCH OF SEACOAST UTIITIES EASEMENT ADDRESS i ~ i C I HEREBY CERTIFY THAT THE DESCRIPTION & SKETCH HEREIN WAS PERFORMED UNDER MY SUPERVISION AND IT COMPLIES WITH THE ,.DEA_N .,SURVEYIN aP _ ~ MINIMUM TECHNICAL STANOARDS,AS SET FORTH BY THE FLORIDA , ,,,,,, . ~ a DRAFTING BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 61 GI7-6 OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, THE MEASURING LINE SHALL GO FORTH-JER. 3139 FLORIDA STATUTES, FO. BOX 10642 RIVIERA BEACH,FL. 33419 NOTES - -''~ -~ -~ - -- 3970 R.C.A. BLVD. SUITE 7004,PALM BLACH GA RDENS,FL. ~ \ TRis tlrowinq is not valid without "~ /` ( ~ (407) 625-8748 ,~_~ Y ~- embossed seal of Surveyor. - Field: RND Date $/31 /96 CHARD N. DEAN eglsfered Surveyor 6 Mapper Florida Certificate No. 4406 Drawn RND SCGIe' AS NOTED Sheet 1 of 2 Job No 95-403 EXHIBIT "A" -~- ' i„_ SO/°.57'23" u~ 972.D7' -"~ --- 936.39 ' I ~ o I II ~~Q ~~~ Il ~ V ~~.s. ~; ~~~ Im ~4 > m G• .~ ~ m f" ~y 4~N V ~QQ NOq° 59EJ. E` ~ W1 23 r'~ 0 ~ v ~ ~ Q~ ~ ~ o ti ~ ~ I m~ Q~ro q ~~ ~ ~ ~~ ~' ~ 0 4 o Im Q ~ 3 -• ~ ~~ .a r I NI .Vo/°57 z3'E O A55dME77 $Eq.f'/NGS NOTE: SEE SHEET 1 FOR DESCRIPTION OF EASEMENT. SKETCH OF EASEMENT FOR: FIRST PRESBYTERIAN CHURCH E" x/,88' q~ '.PEFE2E'.UCf J~O/NT'i4 " '.QEFE.PENCE Poivr ' B' DEAN,._SURVEYlN~..,, ... o< & DRAFTING THE MEASURING LINE SHALL GO FORTH - JER. 3139 P. O. BOX 10642 RIVIERA BEACH, FL. 33419 3970 R.C.A. BLVD. SUITE 7004, PALM BEACH GARDENS,FL. _ (407) 625-8748 Field RND Date g/31 /96 Drawn RND Scale 1 "=40' Sheet ~ of ~ Job No Q 5-403