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1999-049 Drainage Easement Granted to NPB by WCI• SOLUTION NO. 49-99 A RESOLUTION OF THE VII,LAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AND ACCEPTING THE GRANT FROM WCI COMMUNITIES, INC., OF A PERPETUAL NON-EXCLUSIVE DRAINAGE, INGRESS AND EGRESS EASEMENT FOR THE PURPOSE OF DRAINING AND DISCHARGING SURFACE WATERS AND INGRESS AND EGRESS OVER, ACROSS AND UPON THE LANDS DESCRIBED IN THE GRANT OF EASEMENT ATTACHED AS EXHIBIT "A"; 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 and accept the grant from WCI Communities of a perpetual non-exclusive drainage, ingress and egress easement for the purpose of draining and discharging surface waters and ingress and egress over, across and upon the lands described in the Grant of Easement attached as Exhibit „A„ Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS _ DAY OP AI IGUST , 1999. (Village Seal) Q MAY R ATTE T: (y~~ VILLAGE CLERK ~ TIIIS INSTRUMtiNT PREPARED BY: ELEANOR W. TAFT, ESQUIRE RECORD AND RETURN TO: RODERT N. DEFORD WCI COMMUNITIES, MC. JJ00 VNIVERSITV DRIVE • CORAL SPRMGS. FLORIDA JJO63 PROPERTY CDN(RDL NO. 68 O Q OB 00 000 I Oro GRANT OF EASEMENT THIS GRANT OF EASEMENT, made this ~~day of A Lr - r T , 1999, by WCI COMMUNITIES, INC., a Delaware corporation, successor by merger of WCI Communities Limited Partnership into Florida Design Communities, Inc., a Delaware corporation, having a place of business at 3300 University Drive, Coral Springs, Florida 33065 (hereinafter called "GRANTOR") to VILLAGE OF NORTH PALM BEACH, a local unit oC special government and public corporation of the State of Florida whose post office address is 501 U. S. Highway One, North Palm Beach, Florida 33408 (hereinafer called "GRANTEE"). WITNESSETH: WHEREAS, GRANTOR is the owner of the land described on Exhibit "A" (the "GRANTOR LAND") affixed hereto and made a pan hereof by reference as if fully set forth hereat and WHEREAS, GRANTEE is the owner of the land described on Exhibit "B" (the "GRANTEE LAND") affixed hereto and made a part hereof by reference es if fully set forth hereat, and WHEREAS, GRANTEE, its successors end assigns, have need for a drainage easement over, under, across and through the GRANTOR LAND; end WHEREAS, GRANTOR is willing to grant anon-exclusive drainage easement to GRANTEE. NOW, THEREFORE, in consideretion of the sum of TEN DOLLARS (510.00) end other good and valuable consideration, the receipt of which is hereby acknowledged by GRANTOR, the undersigned, GRANTOR does hereby grant unto GRANTEE, its successors and assigns, and all subsequent owners of the GRANTEE LAND and any portion thereof, a perpetual non-exclusive drainage, ingress and egress easement (the "EASEMENT") for the purpose of draining and discharging surface waters and ingress and egress over, under, across and upon the land described on Exhibit "A". GRANTEE by acceptance of this EASEMENT agrees for itself, its successors and assigns, to comply with applicable local, state and federal water quality standards for stortnwater drainage discharge over, upon, under or through GRANTOR LAND and agrees to remedy any violations thereof. GRANTEE by acceptance of this EASEMENT, agrees for itself, its successors and assigns, to repair and/or replace any roadway, sidewalks, landscaping or other areas which it may disturb, damage or destroy by exercising its rights herein on, upon, or under the GRANTOR LAND. GRANTEE further agrees not to interfere, at any time, with the right of ingress or egress of GRANTOR, its successors or assigns, or any other party requiring access to any of the GRANTOR LAND. SUBJECT TO easements, restrictions, covenants, conditions, limitations and reservations of record, if any. • THIS EASEMENT and Covenants contained herein, including all benefits and burdens, are not personal, but shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and their transferees, successors and assigns. 1 oft TO HAVE AND TO HOLD the EASEMENT hereby granted unto said GRANTEE, its successors and assigns, so long as this easement is used for the purposes stated herein (and for no other purpose). IN WITNESS WfiEREOF, the GRANTOR has caused these presents to be executed in its name, by its undersigned duly authorized otTicers and corporate seal duly atTixed hereto, the day and year first above written. C nn[ Name: !l1I4 C--C ~- GRANTOR: WCI COMMUNITIES, INC., a Delaware corporation BY:~ KL~~~ LLB ~' Print Name: Rog a o-~_ STATE OF FLORIDA ) ss: COUNTY OF BROWARD ) Armandbl.G/Enaga Senior Vice president Address: 3300 University Drive Coral Springs, FL 33065 The foregoing instrument was acknowledged before me this 17th day of august 1999 by ARMANDO J. GOENAOA, Senior Vice President of WCI COMMUNITIES INC., a Delaware corporation, on behalf of the corporation. He is personally known to me. My Commission Expires: 7/12/2001 OFFlC AL OI'ARYShAL PATRICIA M CRAIG NOTARY PInILIC SPATE OF FlARn)A COMMKSION NO. CC657975 MY COMMl5510N E%P. ULY IT I U tl~MCt(v m' G~Mti' Notary Public Patricia M. Cr~a-ig Commission No. CC657975 [Notary Seal] 2of2 \~ LEGAL DESCRIPTION A parcel of land situate in Section 8, Township 42 South Range 43 Eost, Palm 8eoch County, Florida, being more particularly described os follows Commencing of the southeast corner of the Plot of SANCTUARY COVE os recorded in Plal Book 75, popes 150 and 151, Public Recorda of Polm 8eoch County Florida: 21.59 efeelnlo tlhe oortthwestrcor e~trof that d~o ~Oge e~osementideeaib d81n20flciolRea Book 9697, vage 1546, Public Records of Polm 8eoch County, Florida and the POINT BEGINNING: thence N01. 34'32"E for 40.00 feet to o point 40 00 feet North of, os measured of right angles to, the South line of said Plol of SANCTUARY COVE: thence alone o line oarollel to sold south line S88. 25'2 " 05' 17'16", for 46.61 feet to 0 angles to, the East line of lht line N02.17'S6"E for 468.39 southeast, having o radius of curve, through o cenlrol angle 40.00 feet South of the Nort east yuorter of said Section I 1003.95 feet to o point on tf WATERWAY os recorded in PI Floridan thence along said wee oint on o line 120.00 feet Si Pne of the South half of the I deporting said westerly riyht- lor 1038.37 feet: thence 546 Eosl of, os measured of right COVE: thence porollelto sold ~~ curvature of o curve contour southerly along the arc of sa ~ radius of SOS.OOBfeet andl fomf ewhich c prodiol line bears y otonq the ore of sold curve, through a cenlrol angle of point on o line 40.00 feet East of, os measured of right soil Plot of SANCTUARY COVE: thence porollelto said Easl feet to 0 oint of curvature of o curve concave to the 95.00 feet: thence northeasterly along the arc of said of 89. 12'04", for 147.90 feet tyo a point on o line h line of the South half of the North half of the norlh- S: thence porollel to said North line 586.30'00"E for ~e westerly righl-of-way line of the INTRACOASTAL of Book 17, page 10, Public Recorda of Patm Beach County, terly right-of-way line 523.01'01"E for 87.93 feel to 0 >uth of, as measured of rlyht ongtes to, the said North forth half of the northeast quarter of Section 8: thence of-way line and Dorollel with sold North line N88. 30'00"W '53'58"W /or 24.00 feet to 0 Doint on c line 720.00 feet ongqlea to, the Eosl line of said Plal of SANCTUARY =ast line 502.17'56"W for 466.33 feet to o point of to the East havlnq o radius of 425.00 feet: thence :urve, ihrouph o centralangle of 10.13'06", for for 65.57 feet to a point of curvolure of o curve ldius of 230.00 feet: thence southerly alongq the arc of e of 34.47'49",for 139.68 teet:lhence 526.52'39"W 21"W for 44.76 feet to 0 olnt of curvolure of o curve o radius of 337.00 feet: thence northwesterly along the tralanyle of 06.00'09", for 35.30 feel to o non- for 516.10 feel to o point of curvolure of a curve rdius of 150.00 feel: thence northerly olonyq the arc of e of 34.47'49", for 91.10 feel: thence N07.55'10"w +otura of o curve concave to the Eost having a radius along the arc of said curve, through o centrolongle o point on the North line of the South half of the B: thence along said North line N88. 25'28"W for for 20.00 feet to the northeast corner of the aforesaid ~ the said easterly prolongolion of the south line of ence along said easterly proton otion N88. 25'28"W f concave to the West having o said curve, through o cenlrala for 514.25 feet: thence N63'E concave to the southwest hov arc of Said Curve, through a c tangent line: thence N26 52'39 concave to the Wesl having o said curve, through o centrola for 65.57 feel to a point of c of 505.00 tech thence norther of 02.39'00", for 23.36 feet ~ northeast guar ter of said Secl 3.07 feet: thence 501.34'32"V 20.00 feet to the POINT OF BEGINNING. 9 or Containing in 011789,305 square feel or 4.346 acres, more or less. 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 80TH ACCOMPANY EACH OTHER. 4. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY LIOBERG LAlJD SURVEYING, INC. 5. DATE OF L'cGAI- DESCRIPTION JUNE 15, 7998 LIOBERG LAND SURVEYING, INC. ~~' y~~` DESCRIPTION d SKETCH FOR: _ ,~ RICHA?.D J. WILKIE NCI COY1dUN[TIES, INC. (DRAINAGE EASEMENT FROId) PROFESSIONAL SURVEYOR AND MAPPER (THE COMMUNITY CENTER TO) FLORIDA CERTIFICA'iE N0. 5327 (TRACT "0", HARBOUR ]SEES) _; LIDBERG LAND FLO._ Joe FB._ Pc_ AS-594l303G/ SURVEYING INC. OFF. DATE owc. LB4431 R.W. GG//5/9B A%-594P 675 West indiontown Rood. SUITE 200. Jupiter. Florldo 33458 CKD. REF. SHEET OF TEL. 561-746-8454 OGL 96594303Almsl / 2 Exhibit "A" NORTH LINE -SOUTH HALF - NORTH HALF -NORTHEAST • NORTHEAST CORNER TOWNSEMiIP 42ESOUTHB-- COF SIWCTUARY COVE \ RANCE 43 EAST 523• n jOar UN L'- Q oa ~~ ro a ~/~~ N 07.65'10"W~ 85.57' L •91.10'-~ e •34.47'49" R 150.00' ti a ~ N83.07'21"W 44.78' L -35.30' e •08.00'08" R 337.00' 523• WESTERLY RIGHT-OF-WAY-~ LINE OF THE INTRACOASTAL WATERWAY PER <P.B. 17, PACE K)) -L •48.81' e -05.17'18" R 505.00' 1.00'40"E IR.B.> L ~ •75.80' •10.19'08" roo So ~ o 100 3 - 425.00' -""--" , L •29.98' GRAPHIC SCALE 1N FEET e ~ -oz•a9'oo" R 505.00' -S07.55'10"C' 8b 57' NORTH LINE -SOUTH HALF . -NORTHEAST pUARTER SECTION 8 -TOWNSHIP 42 RANCE 43 EAST /%" 580.26'28"E ~~~ N01.34'32"E- 21~NOg•25.28"W _ 40:00' 9 7 501.34'32"W 20'DRNNAGE EASEMENT P.O.B. 20.00' /O.R.B. 9697, PAGE 1546) N88.25'28"W 20.00' ABBREVIATIONS O.R.B. • OFFICIAL RECORD BOOK P.0.8. • POINT OF BEGINNING P.O.C. • POINT OF COMMENCEMENT R.B. • RADIAL BEARING • ~, LIDBERG LAND FLD.- SURVEY/NG INC. DFF, LB4431 R.W. 675 West lndiOntown Rood. SUf TE 200. Jupiter. Florld0 33458 CKO. TEL. 561-746-8454 _ D.CL F8. PG. DWC A55-594P SHEET OF 2 1 C~ LANDS OF THE VILLAGE OF NORTH PALM BEACH A parcel of land situate in Section 8, Township 42 South, Range 43 East, Palm Deach County, Florida, being more particularly described es follows: Commencing at the southeast comer of the Plat Of SANCTUARY COVE, as recorded in Plat Book 75, pages 150 and 151, public records of Palm Beach ,Florida; thence along the easterly prolongation of the South line of said Plat, South 88°25'28" East for 47.46 feet to a point on a curve concave to the East, having a radius of 505.00 feet and from which a radial line bears North 82°26'20" East; thence southerly along the arc of said curve, through a central angle of 00°21'30", for 3.16 feet; thence South 07°55' 10" East for 65.57 feet to a point of curvature of a curve concave to the West, having a radius of 150.00 feet; thence southerly along the arc oC said curve, through a central angle of 34°47'49", for 91.10 feet; thence South 26°52'39" West for 456.64 feet; thence North 88°10'34" West for 209.1 S feet to a point on the East line of a parcel of land described in Official Records Book 3442, Page 1431, public records of Palm Beach County, Florida; thence along said East line North 26°42'48" East for 628.05 feet to a point on the aforesaid South line of the Plat of SANCTUARY COVE; thence along said South line, South 88°25'28" East for 91.06 feet to the POINT OF BEGINNING. TOGETHER WITH: A parcel of land in the Northeast Quarter of Section 8, Township 42 South, Range 43 East ,Palm Beach County, Florida, being more particularly described as follows: Commencing at the Southwest comer of said Northeast Quarter; thence South 89°46'53" East, along the South line of said Northeast Quarter, (the South line of said Northeast Quarter is assumed to bear South 89°46'53" East and all other bearings are relative thereto) a distance of lOS.0 feet to a point on the East Right-of--Way line of Prosperity Farms Road; thence North 00°35'37" East along said East Right -oC--Way line, a distance of 729.74 feet to the POINT OF BEGINNING of the hereinafter described parcel; thence continue North 00°35'37" East along said East Right-of--Way line a distance of 584.55 feet to a point on a line 20.0 feet South oC, when measured at right angles to, and parallel with the North line of the Southwest Quarter of the Northeast Quarter of said Section 8; thence South 89°58'27" East, along said parallel line, a distance of 876.61 feet to a point; thence South 25°12'15" West parallel to the West Right-of- Way line of the North Palm Beach Waterway as shown on the Plat of GOLF COURSE ADDITION NO. 2, VILLAGE OF NORTH PALM BEACH, as recorded in Plat Book 28, Page 67, Public Records of Palm Beach County, Florida, a distance of 652.51 feet to a point on the Easterly prolongation of the North Right-of--Way line of Bums Road, as described in Official Record Book 1241, Pages 259 and 260, Public Records of Palm Beach County, Florida; thence North 89°24'23" West, along said prolongation a distance of 604.83 feet to a point on said East Right-of Way line of Prosperity Farms Road end the POINT OF BEGINNING. • Exhlblt "B" CONSENT OF MORTGAGEE • Regarding Grant of Easement Village of North Palm Beach-Harbour Isles Project KNOWN ALL MEN BY THESE PRESENTS: BANKBOSTON, N.A., as agent for the Banks, Mortgagee in that certain Consolidated, Amended and Restated Mortgage and Security Agreement and Notice of Future Advance dated as of June 29, 1999 and recorded in Official Records Book 29652, Page 0027, of the Public Records of Broward County, Florida (the "Mortgage"), which Mortgage constitutes a lien upon the real property described in the foregoing Easement (the "Easement"), hereby consents to WCI Communities, Inc., a Delaware corporation, granting the foregoing Grant of Easement to the Village of North Palm Beach and agrees that the lien and encumbrance of the Mortgage shall be subordinate to the Easement. The subordination set forth herein is limited strictly to the rights created by the easement in favor of the Village of North Palm Beach, its successors and assigns and this subordination shall not constitute a subordination to the rights of any other person or entity that holds any interest in the Easement property. Dated this /~ day of uJ'~ 1999. Witnesses: 1' / ,/]~. 'T Printed Name~J:1 .t~ ~ ~ ~~~~--X~~ ~~~ru~ Printed Name: ~pp~~ ~, n~~/,'~S STATE OF GEORGIA COUNTY OF _ ~ tr ~/A /~ ~J BANKBOSTON, N.A., a national banking associati.~ gent Byc_ ~JQ Printed Name: ~~liiti/ ~ JE~6p Its: Direvfor The f re ing instrument was acknowledged before me this /~ FL. day of ~ u,~ Gc 5 r , 1999 by SSA) -~ ~6~ /3 U as AI ~ e c ryr~ of BankBoston, N.A., who is ersonall known to me or who produced as identification. -' p ---- y ~~rA~N~ai~~~t. Cheryl Geoffrion Notary Public State of Georgia My Commission Exp. April 30, 2000 • Notary Publi Prtnted Name of Notary Public Page 1 of 1 Lcgalkwllharbourislcs\ConsntMtg•BB