1997-040 MacArthur Agreement for PHS/PHN Land•
RESOLUTION NO. ,4j~~Z
A RESOLUTION OF THE VILLAGE COUNCIL
OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
THE MAYOR AND VILLAGE CLERK TO ENTER
INTO AN AGREEMENT WITH THE JOHN D.
AND CATHERINE T. MACARTHUR
FOUNDATION, AN ILLINOIS NOT-FOR-
PROFIT CORPORATION, ATTACHED AS
EXHIBIT "A", WHICH AGREEMENT
PROVIDES FOR CONVEYANCE OF LAND TO
THE VILLAGE AS REQUIRED UNDER
ORDINANCE NO. 26-96 WHICH CREATED
THE PLANNED UNIT DEVELOPMENT KNOWN
AS PROSPERITY HARBOR SOUTH AND
• ORDINANCE NO. 31-96 WHICH CREATED
THE PLANNED UNIT DEVELOPMENT KNOWN
AS PROSPERITY HARBOR NORTH; AND,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA:
Section 1. The Village Council of the Village of North
Palm Beach, Florida, does hereby approve the Agreement with the
John D. and Catherine T. MacArthur Foundation, an I).linois not-for-
profit corporation, attached as Exhibit "A", which Agreement
provides for conveyance of land to the Village as required under
Ordinance No. 26-96 which created the Planned Unit Development
known as Prosperity Harbor South and Ordinance No. 31-96 which
. created the Planned Unit Development known as Prosperity Harbor
North.
u
Section 2. The Mayor and Village Clerk are hereby
authorized and directed to execute the Agreement with the John D.
and Catherine T. MacArthur Foundation, an Illinois not-for-profit
corporation, set forth in Exhibit "A" for and on behalf of the
Village of North Palm Beach.
Section 3. This Resolution shall take effect immediately
upon its adoption.
• 1997.
PASSED AND ADOPTED THIS 26th DAY OF JUNE
(Village Seal)
YOR
•
AGREEMENT
Jul
THIS AGREEMENT is made and entered into this 18th day of 1997,
by and between JOHN D. and CATHERINE T. MacARTHUR FOUNDATION, an Illinois
not-for-profit corporation, whose mailing address is 4400 PGA Boulevard, Suite 900,
Palm Beach Gardens, Florida 33410 (hereinafter the "Foundation') and the VILLAGE
OF NORTH PALM BEACH, a municipal corporation organized under the laws of the
State of Florida, whose mailirig address is 501 U.S. Highway One, North Palm Beach,
Florida 33408 (hereinafter the "Village").
RECITALS
WHEREAS, the Foundation is the owner of a certain parcels of property
located in the Village of North Palm Beach, Florida, (consisting of approximately 114.33
acres) and commonly known as Prosperity Harbor North and Prosperity Harbor South;
' and
WHEREAS, the Village has requested that Foundation dedicate a certain parcel
of land within Prosperity Harbor South (consisting of approximately 2.65 acres), located
easterly and adjacent to the Village of North Palm Beach Community Center at Burns
Road, as such parcel is more particularly described in Exhibit "A" attached hereto and
made a part hereof by this reference (the "Park Site"), to the Village for use as a public.
park and/or other recreational purposes, and Foundation has agreed thereto, subject to
the terms and conditions of this Agreement; and
WHEREAS, the Code of the Village ('Code') requires that developers provide
land for public use as a condition to certain subdivision, and zohing approvals; and
WHEREAS, in recognition of the conveyance of the Park Site to the Village by .
the Foundation pursuant to this Agreement and in recognition of the prior conveyance of
' a certain parcel of land (consisting of 3.2 acres), commonly referred to as Anchorage
Drive Park ("Anchorage Drive Park"), the Village wishes to acknowledge the satisfaction
of certain PUD conditions as they relate to the dedication of lands for public use and
access to water bodies, all as more particularly described herein.
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good
and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, and in further consideration of the mutual covenants contained herein,
the Village and the Foundation, intending to be legally bound, hereby agree as follows:
1. Recitals. The above recitals are true and correct and are hereby
incorporated into the body of this Agreement as if fully set forth herein.
2. Convevance of the Park Site. The Foundation shall deliver a properly
executed special warranty deed conveying the Park Site to the Village. The form of
such deed is attached hereto and made a part hereof as Exhibit'B'.
3. Acknowledoments. The parties agree and acknowledge that:
(a) The Foundation currently owns certain tracts of undeveloped real
property which are located within the jurisdictional bouhdaries of the Village, as
described in Exhibit "C" attached hereto and made a part hereof, and •known as
' Prosperity Harbor North and Prosperity Harbor South.
(b) The assignees, designees, successors and/or contract purchasers of the
Foundation have or may petition the Village for subdivision, planned unit development,
site plan and/or other zoning approvals for all, or portions, of the property currently
owned by the Foundation.
(c) Section 36-23 of the Code ("Public Sites ahd Open Spaces") requires the
dedication or conveyance of certain lands for public use as a condition for the approval
of a preliminary plat.
(d) The Foundation or its designees will receive a credit towards the
requirements of Section 36-23 of the Code; and any replacement of amendment
thereto, or any other similar provision of the Code, in consideration of the conveyance of
the Park Site to the Village.
' (e) The Village recognizes and acknowledges that the Foundation is a non-
profit foundation and cannot actively develop land on its own behalf. It is the intention
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of the partias that the credits granted by this Agreement shall extend to the Foundation
and its successors, assigns, designees, lessees and contract purchasers, at the times
' designated by the Foundation.
4. Credits for Future Development. The Village agrees, as a condition of
the conveyance of the Park Site pursuant to this Agreement, that the Foundation, or its
__ designees, shall receive a credit against and in accordance with the requirements of
Section 36-23 of the Code, or any other provision of the Code which requires the
conveyance of lands for public use (and any amendments, substitutions, variations, or
replacements for such Code provisions) to be applied toward any future applications
made to the Village pertaining to lands owned by the Foundation for subdivision or
zoning approval, including, without limitation, any petition for .approvals for subdivision,
planned unit development, site plan and/or other zoning approvals. The total credit
granted pursuant to this Agreement. shall be 2.65 acres, which may be applied towards
any combination of subdivision and/or zoning applications submitted to the Village by
the Foundation, or its designees.
Provided, however, credits under this Agreement shall be deemed to be used
only when a zoning application has received final approval frorri the Village. In the
event a zoning application is denied, any credits attributed to that application will not be
deducted from the total credits described in this paragraph 4.
Provided further, however, if a final zoning approval from the Village expires or is
otherwise terminated or abandoned prior to issuance of the first building permit, then
and in that event, any credits attributed to that application will be added back to the total
credits described in this paragraph 4.
Furthermore, such credits shall only extend to property located within the
municipal boundaries of the Village and owned by the Foundation as of the date of this
' Agreement.
3
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5. Credits Based on Current Code. The credits granted to the Foundation
1
in this Agreement reflect the currently existing -Code requirements relative to the
dedication or conveyance of land for public use. It is the intention of the parties that if
the Code is in any way amended or modified to increase the percentage of gross land
area which is required to be dedicated or conveyed as a condition of a subdivision
approval, the credits granted to the Foundation herein shall automatically be increased,
to offset any such increase. The Village agrees not to request or require additional
conveyances or dedications of land for public use from the Foundation or its successors,
or to take any action which would frustrate the intention .and purposes of this
Agreement.
6. Satisfaction of Existinc Planned Unit Develooment Conditions. The
parties recognize that a contract purchaser of the Foundation has petitioned the Village
for planned unit development and other development approvals for Prosperity Harbor
North and Prosperity Harbor South.. The parties recognize further that. Ordinance
No. 26-96 was adopted by the Village Council on July 25, 1996 with respect to
Prosperity Harbor South, and that Ordinance No. 31-96 was adopted by the Village
Council on August 22, 1996 with respect to Prosperity Harbor North.
Notwithstanding the credits described in Sections 3, A and 5 above, the Village
acknowledges and agrees that the conveyance of the Park Site (consisting of 2.65
acres), together with the prior conveyance by Foundation of Anchorage Drive Park
(consisting of 3.2 acres), fully satisfies the requirements of Section 3 of Ordinance
No. 26-96 and Section 3 of Ordinance No. 31-96.
7. Entire Aoreement. This Agreement incorporates and merges all
1
agreements, understandings, promises, covenants, conditions, representations, and
warranties between the parties relative to the subject matter hereof. No claimed
modification of this Agreement shall be effective and binding unless such modification is
in writing and duly executed by the party sought to be charged therewith.
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8. Venue and Governing Law. Venue for all proceedings in connection with
this Agreement shall be Palm Beach County, Florida, and all aspects of this Agreement
shall be governed by the laws of the State of Florida.
9. Survive Closino. The obligations of the Village as provided in this
Agreement shall survive the conveyance of the Park Site by the Foundation.
~_ 10. Enforcement. The Village acknowledges that damages at law would be
an inadequate remedy if this Agreement is not specifically enforced. Therefore, in the
event of a breach or threatened breach by the Village of any provision of this
Agreement, the Foundation shall be entitled, in addition to all other rights or remedies, to
injunctions restraining such breach, without being required to post any bond or other
security, and/or to a decree for the specific pertormance of the provisions of this
Agreement.
11. Further Assurances. The parties hereby agree from time to time to
' execute and deliver such further documents and do ail matters and things which may be
convenient or necessary to more effectively and completely carry out the intentions of
this Agreement.
12. Headings. The sections and paragraph headings contained in this
Agreement are for reference purposes only and shall not affect in any way the
interpretation of this Agreement.
13. Successors and Assions. The terms and conditions of this Agreement
shall bind, and inure to the benefit of, the parties hereto and their respective successors,
legal representatives, and assigns.
14. Restrictions: Easements: Limitations. Village shall take title subject to:
(a) Comprehensive Land Use Plan, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; (b) Title Exceptions as shown on
' Exhibit "D" attached hereto; and (c) Use Restriction provided in the deed.
5
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IN WITNESS WHEREOF, the parties have caused this Agreement to be made
1
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and executed as of the date and year first above written.
Witnesses:
X~~1A//
(p~riyn/t~n/a~me~)
i i~Ai111, ~~
(print name)
"VILLAGE"
VILLAGE OF NORTH PALM BEACH,
a municipal corporation
organized under the laws of the
State of Florida
B
a r
tte ~Q9j1lG-.
ity Clerk
Witnesses:
~~~
~/iisYli7 N .C~iilG6~
(print name)
~~
(print name)
"FOUNDATION"
JOHN D. and CATHERINE T.
MacARTHUR FOUNDATION
an Illinois not-f r-profit orporation
ey
Attest:
~____
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.•~~ Exhibit "A"
LEGAL DESCRIPTION
A por'cel of land situate in Section 8, Township 42 South, Range 43 Eost, Polm Beoch
County, Florida, being more particularly described os follows:
' Commencing of the southeast corner of the Plat of SANCTUARY COVE os recorded
in Plat Book 75, pages 150 and 151, Public Records of Polm Beoch County, Florido
thence along the easterly prolongolion of the South line of soid Plot S88' 25'28"E for
47.46 feet to o point on a curve concave to the Eost.hoving a rodius of 505.00 feel
and from which o radial line bears N82' 2b'20"E. thence southerly olony the arc of
soid curve, through o centrelongle of 00.21'30", for 3.16 fee"t. thence 507.55'10"E
!or 65.57 .feet to a point of curvature of o curve concave to the West, having o rodius
of 150.00 feet: thence southerly along the arc of soid curve, through o central angle
of 34.47'49",for 91.70 feat: thence 526.52'39"W for 456.64 feet: thence N88. 10'34"W
for 209.15 feet to o point on the Eost line of a porcelof land described in Officio)
_ _ Record Book 3442, page 1431, Public Records of Polm Beoch County, Florido:
thence along soid Eost line N26. 42'48"E for 628.05 feet to o point on the aforesaid
South line of the Plat of SANCTUARY COVE: thence along said Sovth line
588.25'28"E for 91.06 feet to the POINT OF BEGINNING.
Containing in eII115,434 square feet or 2.65 acres.
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SURVEYOR'S NOTE'S
1. THIS DRAWING IS NOT A SURVEY.
2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE.
3 THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE
COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID
UNLESS BOTH ACCOMPMIY EACH OTHER.
a. THIS LEGAL DESCRIPTION IS N07 VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL. OF A FLORIDA LICENSED SURVEYOR AND MAPPER
EMPLOYED BY LIDBERG. LAND SURVEYING, INC.
5. DATE. OF LEGN_ IiESCRIPTION: MAY 5, 1997
LID9ERG LWJD SURVEYING, INC.
RICHARD J. WiLKIE DESCRIPTION & SKETCH FOR:
PROFESSIONAL SURVEYOR AND MAPPER CORAL .R1DGE_COMMUNITIES
INC
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FLORIDA CERTIFICATE N0. 5327 (PROSPERITY HARBOR SOUTH)
;~ LIDBERG LAND FLD.- J08
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SURVEYING INC oFF
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R - 505.00'
S07. 55'10"E
85.'57'
L -91.10'
0 •34.47'49"
R 150.00'
ABBREVIATIONS
P.0.6. -POINT OF BEGINNING
P.O.C. • POINT OF COMMENCEMENT
O.R.B. -OFFICIAL RECORD BOOK
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Exhibit "B"
Special Warranty Deed
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Prepared By and Return
Steven Cohen, Esquire
4400 PGA Blvd., Suite
Palm Beach Gardens, FL
Grantee's ID No.
Control No.
To:
900
33410
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SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED,. made .effective this day of
1997,
between JOHN D. AND CATHERINE T. MacARTHUR FOUNDATION, an
Illinois not-for-profit corporation, hereinafter called the
Grantor,
whose mailing address is: 4400 PGA Blvd., Suite 900, Palm Beach
Gardens, FL 33410-9680
to VILLAGE OF NORTH. PALM BEACH, a municipal corporation organized
and existing under the laws of the State of Florida, hereinafter
called the Grantee,
whose mailing address is: 501 U.S. Highway One, North Palm
Beach, FL 33408
(Wherever used herein the terms "Grantor"and "Grantee" are
used for singular or plural, as context requires and include
all the parties to this instrument and the heirs, legal
representatives and assigns of individuals, and the
successors and assigns of corporations.)
WITNESSETH, that the said Grantor, for and in consideration
of the sum of Ten Dollars ($10.00) and other good and valuable
considerations, receipt whereof is hereby acknowledged, hereby
grants, bargains, sells, aliens, remises, releases conveys and
confirms unto the Grantee, all that certain land situate in Palm
Beach County, State of Florida, to-wit:
SEE EXHIBIT "A" ATTACHEA HERETO AND MADE A PART HEREOF
SUBJECT TO comprehensive land use plan, zoning,
restrictions, prohibitions imposed~by governmental authority.
J:\LEG AL\PRIV AT'E\OS\S WDNPB.doc
' Grantor does hereby reserve unto itself .and its successors and/or
assigns a fifteen (15') foot wide exclusive landscape and buffer
easement over the property described on the attached Exhibit "B"
(hereinafter referred to as the "Easement Area") authorizing and
permitting the Grantor ingress and egress over the Easement'Area,
as well as the right, but not the obligation, to construct,
install, maintain and replace landscaping improvements within the
Easement Area. Landscaping improvements include, but are not
__ limited to, landscape berms, walls, fences, irrigation systems,
meters and control panels for irrigation systems, trees, palms,
shrubs, flowering plants and grasses, together with the right,
permission and authority to enter upon such portions of the
property described in Exhibit "A" as may be reasonably necessary
for the purpose of constructing, maintaining, repairing,
replacing and operating the landscaping improvements installed
within the Easement Area; provided, however, that installation of
all landscaping and other improvements are subject to approval by
Village of North Palm Beach, including the Planning Commission.
TOGETHER with all the tenements, hereditaments and appurtenances
thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
' AND the said Grantor hereby covenants with said Grantee-that the
Grantor is lawfully seized of said land in fee simple; that is
Grantor has good right and lawful authority to sell and convey
said land; that the Grantor does hereby fully warrant the title
to said real property and will defend the same against the lawful
claims of all persons claiming by, through or under the said
Grantor but against none other whatsoever.
IN WITNESS WHEREOF, the said Grantor has signed and sealed
these presents the day and year first above written.
As to Grantor:
GRANTOR:
JOHN D. AND CATHERINE T.
MacARTHUR FOUNDATION
Witness
Print Name:
' Witness
Print Name:
BY:
ATTEST:
(Corporate Seal)
J:U_L:GALU'R[V ATE\OS\S W DNPII.dce
' STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of 1997 by of John D. and Catherine
__ T. MacArthur Foundation, an Illinois not-for-profit corporation,
who is personally known to me or has produced as
identification.
Printed Name:
Notary Public, State of Florida
Serial Number:
(NOTARY SEAL)
1
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J:U_EGALU'RIVATE\O8\S WDNPB.doc
Exhibit •A'
to
' !-1 Special Warranty Deed '^
' LEGAL DESCRIPTION:
A parcel of land situate in Section 8, Township 42 South, Ronqe 43 Eosl, Polm Beoch
County, Florida, being more par ticulorly described as ~follows~
Commencing of the southeast corner of the Plot o! SANCTUARY COVE as recorded
in Plal Book 75, pages 150 and 151, Public Records of Polm Beoch County, Florida%
thence along the easterly prolongation of the South line of soid Plat S88. 25'28"E for
a 7.a6 feet to a point on a curve concave to the Eos t, having o radius of 505.00 feet
and from which o radial line bears N82. 26'20"E: thence southerly donqq the ore of
said curve, through a centralangle o! 00.21.30", for 3.16 feet% thence 507.55'10"E
__ for 65.57 legit to a point of curvaturge of o curve eoncove to the Wesl, hovin o radius
o! 340.00 49et%fohe91.10 sfeet:CtF enoen526. 52'39' W afar 456.64thfee 9hthence N88~n,01'Sa"W
for 209.15 feet to o point on the Eosl line of o parcel of land described in Official
Record Book 3442, page 1431, Public Records of Polm Beach County, Florido%
thence along soid East line N26' 42'48"E for 628.05 legit to a point on the aforesaid
South line of the Plat of SANCTUARY COVE: thence along Said South ine
S88. 25'28"E for 91.06 feet to the POINT OF BEGINNING.
Containing in o11115,43a square feet or 2.65 acres.
SURVEYOR'S NOTE'S:
1. THIS DRAWING IS NOT A SURVEY.
2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE.
3 THE DESCRIPTION SKETCH ANO THE DESCRIPTION TEXT COMPRISE THE
COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID
UNLESS BOTH ACCOMPANY EACH OTHER.
4. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE Afd) THE
ORIGINAL RAISED SEAL. OF A FLORIDA LICENSED SURVEYOR ANO MAPPER
EMPLOYED BY LIDBERC LANG SURVEYING, INC.
S. DATE OF LEGAL GESCRIPTION: MAY 5, 1997
LMJ9ERG LAND SURVEYING, INC.
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PROf~SSI0NA1-KSURVEYOR AND MAPPER CORAL RIDGEN CONMUNITIES.~N~C.
FLORIDA CERTIFICATE N0. 5327 !PROSPERITY HARBOR SOUTH?
;~ LIDBERG
SURVEYI~
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R 505.00'
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65.57'
L •91.10'
D -34.47.49"
R 150.00'
SOUTH LINE OF A PARCEL OF LARp
DESCRIBED IN O
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ABBREVIATIONS:
P.O.B. POINT OF BEGINNING
P.O.C. • POINT OF COMMENCEMENT
O.R.B. -OFFICIAL RECORD BOOK
LIDBERG LAND FLO.
Job FB.
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675 West lndiontown Rood. R.W. 05/05/97 A%-594/
SUITE 200. Jupiter. FlOfidO JJg6$ CKO. REF. SHfET OF
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Exhibit °$" ~ _ ~'
to
Special Warranty Deed
t LEGAL DESCRIPTION
A stri of land 15.00 feet in width si luole in Section 8, Township 42 South, Range 43
East, elm Beach County, Florida, the centerline of said strip more particularly described
os follows
Commencing et the southeast corner o! the Pldt of SANCTUARY COVE os «corded
in Plot Book 75, pages 150 and 151, Public Records of Polm Baoch County, Floridd~
thence along the easterly prolongation of the South line of said Plot 588.25'28"E for
__ 39.87 feet to a point on o curve concave to the Eos t, having o radius o! 512.50 feet
- and from which o radial line bears N82. 34'25"E, said point also being the POINT OF
BEGINNING: thence southerly along the arc of said curve, thYOUgh a central ongie of
00' 29'36", for 4.41 feet: thence 507.55'10"E /or 65.57 feel to a point of curvature of
o curve concave to the West, hoeing a radius o! 142.50 feet: thence Southerly along
the arc of said curve, through a central on~le of 34.4)'49", for 86.54 (eel: thence
526. 52'39"W for 451.87 feet: thence N88 10'34"W for 200.90 feet to a point on the
East line of a parcel of land described in 0!liciol Record Book 3442, page 1431, Public
Records of Polm Beach County, Florida and the POWT OF TERMINUS.
Containing in 01112,139 square feet or 0.28 acres more or less.
1
SURVEYOR'S NOTE'S
1. THIS DRAWING IS NOT A SURVEY.
2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE DY THIS OFFICE.
3 THE DESCRIPTION SKETCH ANO THE DESCRIPTION TEXT COMPRISE THE
COMPLETE LEGAL DESCRIPTION, THE LEGAL DESCRIPTION IS NOT VALID
UNLESS BOTH ACCOMPANY EACH OTHER.
a. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL Of A FLORIDA LICENSED SURVEYOR ANO MAPPER
EMPLOYED BY LIDBERG LAND SURVEYING, WC.
5. DATE OF LEGAL OESCRIP TION~ MAY S, 1997
tIDfERG LAN.^. S~tP\'EYWG, INC.
' RICHARD 1. YIILKi'c
PROFESSIGNAL SURVEYOR ANO MAPPER DESCRIPTION & SKETCH FOR
FLORIGn CERTIFICATE N0
5327 CORAL .RIDGE ~ONNUNITIES, [NC.
. (PROSPERITY HARUOR SOUTH>
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SOUTHEAST CORNER P.0.8.
NORTH LINE SOUTH HALF - OF SANCTUARY COVE
NORTHERS T_OUPR TER SECTION 8 _
.~.._.._.._.._.._.. N82' 34'25"'E
SOUTH LINE OF S,wciuatr COV •- plat BEARING
b 1 L •4.41'
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39.87' ~ ;
~~ S07' S5'10"E
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OF A PARCEL OF LAND
iN O.R.B. 3!•l2. PACE 1431'
A88REVIATIONS~
P.0.8. -POINT OF BEGINNING
P.O.C. • POINT OF COMMENCEMENT
O.R.B. • OFFICIAL RECORD BOOK
~~ LIDBERG LAND FLD. J08 FB. PG.
~~ SURVEYING INC. 9~s94r4ron/ __ _'
L84431 OFF. DATf OWG.
675 West lndi aniown Road. R~• 05/05/97 A%-594J
SU(TE 200. Jupl ter. FlOri ao JJ458 CXO. RfF. SNffT OF
TEL. 561-746-8454 OGL %594JO3A'ms/ p 2
Exhibit "C"
1
Prosperity Harbor North and Prosperity Harbor South
Legal Description
r.,xninic ~.
Prosperity harbor North
Legal Description
of
Parcel 8.04
A parcel of land lying in Section 5, Township 42 South, Range 43 East, Palm Beach County,
Florida, and being more particularly described as follows:
That part of the North Halt (fJ 1/2) of the South Half (S 1/2) of the Southeast Quarter (SE 1/4) 01
said Section 5 lying westerly of the West right-ol-way line of the Intracoastal Waterway and
lying East of the easterly right-of-way line of Prosperity Farms road, as shown in Road Plat
-- Book 2, pages 136 and 137; TOGETHER WITH the Northeast Quarter (NE 1/4) of the
Southwest Quarter, (SW 1/4) of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE
I/4) of said Section 5; TOGETHER WITH that part of the North 169.5 feet of the West Half (W
1/2) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the Southeast
Quarter (SE 1/4) of Section 5 lying easterly of the East line of those lands described in Oeed
Book 877, Page 439, Palm Beach County records; TOGETHER WITH the West Half (W 1/2) of
the West Half (W 1/2) of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of
the Southeast Quarter (SE 1/4) of said Section 5; TOGETHER WITH the West thirty feet (30') of
the following described parcel:
1
Commencing at the center of said Section 5; thence easterly along the East-West Quarter
Section line a distance of 1,293.7fi teat to the Northwest corner of the Northeast Quarter,(NE
I/4) of the Southeast Quarter (SE 1/4) of said Section 5; thence South 00 degrees OS' 30' West
along the West line of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE i/4) of
Section 5, (the West line of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of
Section S is assumed to bear South 00° 08' 30' West and all other bearings are relative
thereto) a distances of 1,343.65 feet to the Southwest corner of the Northeast Quarter (NE i/4)
of the Southeast Quarter (SE 1/4) of Section 5 and the POINT OF BEGINNING of the herein
described parcel; thence South 88 degrees 16' 41' East along the South line of the southwest
Quarter (SW f/4) of tho Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) .of
Section 5, a distance of 144.46 feet; thence North 02 degrees 13' S4' West, a distance of
157.46 feet; thence North 88 degrees 16' 41' West, a distance of 137.95 feet; thence South 00°
08' 30' West, a distance of 157.15 feet to the POINT OF BEGINNING.
LESS AND EXCEPTING THEREFROM a parcel of land conveyed to the county of Palm Beach,
Florida as described in Official Record Book 6428, Page 443, Public Records of Palm Beach
County, Florida.
Containing in all, 33.42 Acres, more or less.
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Prosperity Harbor North
Legal Description
of
Parcel 08.05
_- A parcel of land located in Section 5, Township 42 South, Range 43 East, Palm Beach County,
Florida and being more particularly described as follows:
That portion of the North 165 feet of the South half of the Southeast Quarter of the Southeast
Quarter of said section 5, Township 42 South, Range 43 East, Palm Beach County, Florida, tying
West of the Westerly right of way line of the Intracoastal Waterway as shown on a map recorded
in the public records of Palm Beach County, In Plat Book 17, page 29, containing 2.3 acres, more
or less, and being the remainder of the parent tract of which right of way parcel 22 is part, said
tract having been previously described In deed recorded In Deed Book 649, page 37.
Containing in all, 2.3 acres, more or less.
1
Exhibit "C"
Prosperity Harbor South
1
1
Legal Description
of
Parcels 8.01, 8.02 and 8.03
A parcel of land lying in Section 8, Township 42 South, Range 43 East, Palm Beach County,
Florida, and being more particularly described as follows:
All that part of the Northeast Quarter (NE 1/4) of said Section 8 lying westerly of the West right-
of-way of the Intracoastal Waterway, as shown in Plat Book t7, Page 10, and westerly of a line
75 feet westerly of, as measured at right angles to the centerline of the North Palm Beach
Waterway, as said line is described in Official Records Book 222, Page 348 and lying easterly
of the easterly right-of-way line of Prosperity Farms Road as shown in Road Plat Book 2, Pages
136 and 137, LESS AND EXCEPTING THEREFROM the North One quarter (N I/4) of the
Northeast Quarter (NE 1/4) of said Section 8 lying westerly of the Intracoastal Waterway.
Also Less the West Three Quarters (W 3/4's) of the South Half (S 1/2) of the Northwest Quarter
(NW 1/4) of the Northeast Quarter (NE 1/4); Also less the South 20.00 feet of the East Half (E
1/2) of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of the Northeast
Quarter (NE 1/4) of said Section 8, less the East 267.95 feet thereof; Also less the North 20.00
feet of the West Three-Quarters (W 3/4's) of the North Half (N 1/2) of the Southwest Quarter
(SW 1/4) of the Northeast Quarter (NE 1/4) of said Section B; Also less the North 20.00 feet of
tho East Half (E 1/2) of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of
the Northeast Quarter (NE 1/4) of said Section 8, less the East 267.85 feet thereof. And also
less that certain parcel of land conveyed to the Village of North Palm Beach as described in
Official Records Book 3442, Page 1431.
TOGETHER WITH the North 112.5 feet of the Southeast Quarter (SE 1/4) lying westerly of the
North Palm Beach Waterway as described in Official Records Book 222, Page 348 and Easterly
of the East right-of-way line of Prosperity Farms Road;
Together with that certain parcel marked 'Prosperity Harbor -Not Included in the PIaY and Lots
1, 2, 3, 4, and 5, Block 54, Village of North Palm Beach, No. 6, according to the plat thereof, as
recorded in Plat Book 26, pages 10 through 12, in the Office of the Clerk of the Circuit Court,
Palm Beach County, Florida;
Containing in all, 78.62 acres, more or less.
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