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R2023-38 Easement Deed in favor of Seacoast Utility AuthorityRESOLUTION 2023-38 A RESOLUTION OF, THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN EASEMENT DEED IN FAVOR OF SEACOAST UTILITY AUTHORITY OVER A PORTION OF ANCHORAGE PARK FOR SEWER IMPROVEMENTS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE EASEMENT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Seacoast Utility Authority has requested an Easement Deed over property located in the southernmost portion of Anchorage Park adjacent to the tennis courts for the installation and maintenance of twelve -inch force main to transport sewage from its eastern service area to the wastewater treatment plant and for other improvements; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the interests of the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby approves an Easement Deed in favor of Seacoast Utility Authority over a portion of Anchorage Park, a copy of which is attached hereto and incorporated herein by reference, and authorizes the Mayor and Village Clerk to execute the Easement Deed on behalf of the Village. Section 3. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 17TH DAY OF MAY, 2023. �ORT'%y�oJe& ATTEST: VILLAGE CLERK Prepared By: Laura Laura H. Niemann Seacoast Utffity Authori '6 y�1� °M 3 7 ; 812 4200 Hood Road t5` O�'4..t.�ll'S. �'���..''�.� �� Palm Beach Gardens, F133410 R: ;i'13RX-1 Ell Y,25.Q023 25-4 PLY EASEMENT DEED �'�� : 812 - THIS EASEMENT DEED made and entered into this day of M CA` 2023, between the Village of North Palm Beach, a Florida municipal corporation, (hereinafter referQ to as "Grantor") whose address is 501 US Highway One, North Palm Beach, Fl, 33408 and Seacoast Utility Authority (hereinafter referred to as "Grantee") whose address is 4200 Hood Road, Palm Beach Gardens, Florida 33410 WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby grant to the Grantee, its successors and assigns, a perpetual non-exclusive utility easement which shall permit the Grantee to enter upon the property herein described at any time to install, operate, maintain and service sewer lines and appurtenant facilities (the "Improvements") in, on, over, under and across the easement premises. The easement hereby granted covers a parcel of land lying, situate and being in Palm Beach County, Florida, and being more particularly described as follows: SEE EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF Grantor shall not 'grant additional easements or similar interests in, on, over, under, or across said easement premises without Grantee's prior written consent, which will not be unreasonably withheld. Neither Grantor, nor any other person claiming an interest through Grantor, shall interfere with Grantee's utilization and enjoyment of the easement, including the construction, preservation, maintenance or replacement of Grantee's Improvements. Further, Grantor or any other person claiming an interest through Grantor, shall remove any structure, obstruction, improvement orimpediment which, at any time, interferes with Grantee's utilization and enjoyment of this easement. Grantor hereby covenants with Grantee that it is lawfully seized and in possession of the real property herein described and that it has good and lawful right to grant the aforesaid easement free and clear of any mortgages that are prior in right and dignity to this Easement Deed. Furthermore, Grantor covenants that there are no encumbrances of any kind that would prevent Grantee's full enjoyment of the easement. Should Grantee enter the easement to perform installation, operation, maintenance and/or service activities, grantee shall leave the property in the same or better condition that existed prior to the performance of such activities. This Easement Deed, and the covenants contained herein, shall be deemed covenants running with the land, and shall be binding on the parties hereto and their successors and assigns. Page 1 of 4 IN WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal as of the date first above written. WITNESSES: GRANTOR: Signed, sealed and delivered in the presence of: Village of North Palm Bea Florida municipal corporation fitness Signature tur C%�(( ► S Print Name - lti� Ca 1�1 Print Name Wi es Signature � S cc, C R - 4-C', Print Name STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me b means fie' h sical presence or ❑ online notarization this ay of C -Y aC g _, 2023, by � i 1 S , who is personally known to me or who has produced as identification. Notary Signature Pr' t e N Public - �a�aRvgss Jessica J. Green Commission No: NOTARY PUBLIC My Commission Expires: o -STATE OF FLORIDA Comm* GG951576 INCE I Expires 3/712024. Page 2 of 4 DESCRIPTION & SKETCH PREPARED FOR CHEN MOORS EASEMENT _EXHIBIT "All FOR FORCE MAIN LEGAL DESCRIPTION A UTILITY EASEMENT LYING OVER AND ACROSS A PORTION OF TRACT "A", OF THE VILLAGE OF NORTH PALM BEACH PLAT NO. 1 RECORDED IN PLAT BOOK 24, AT PAGES 202-206 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHWEST QUARTER (NW1 /4) OF THE SOUTHWEST QUARTER (SW1 /4) OF SECTION 16 AND THE NORTHEAST QUARTER (NE1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 17, ALL IN TOWNSHIP 42 NORTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE RIGHT-OF-WAY INTERSECTION OF ANCHORAGE DRIVE AND SOUTHWIND DRIVE, BEING THE MOST EASTERLY CORNER OF SAID TRACT "A" VILLAGE OF NORTH PALM BEACH PLAT NO. 1, SAID POINT BEING ON A NON -TANGENT CURVE; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID TRACT "A", BEING THE NORTHWESTERLY RIGHT-OF-WAY LINE SAID SOUTHWIND DRIVE ALONG A CURVE CONCAVE TO THE SOUTHEAST, SAID CURVE HAVING 'A RADIUS OF 390.00 FEET AND A RADIAL BEARING OF SOUTH 29'11'38" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05'47'21" AN ARC DISTANCE OF 39.40 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID 390.00 FOOT RADIUS CURVE SOUTHEASTERLY THROUGH A CENTRAL ANGLE OF 01'28'53" AN ARC DISTANCE OF 10.08 FEET TO A POINT OF NON -TANGENCY; THENCE NORTH 43004'43" WEST, A DISTANCE OF 13.28 FEET; THENCE NORTH 65'34'49" WEST, A DISTANCE OF 175.88 FEET; THENCE NORTH 20'34'56" WEST, A DISTANCE OF 37.08 FEET; THENCE NORTH 65'34'55- WEST, A DISTANCE OF 11.78 FEET, TO A POINT ON THE WEST LINE OF THE FOUNDATION PARCEL 43.12A DESCRIBED IN OFFICIAL RECORD BOOK 9664, AT PAGES 1422 THROUGH 1428, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 22'42'07 EAST, ALONG THE WESTERLY LINE OF SAID FOUNDATION PARCEL 43.12A, A DISTANCE OF 10.00 FEET; THENCE SOUTH 65'34'55" EAST, A DISTANCE OF 16.22 FEET, THENCE SOUTH 203456" EAST, A DISTANCE OF 37.08 FEET; THENCE SOUTH 65'34'49" EAST, A DISTANCE OF 173.73 FEET; THENCE SOUTH 43'04'43 EAST, A DISTANCE OF 16.56 FEET TO THE POINT OF BEGINNING. CONTAINING 2407 SQUARE FEET OF LAND, MORE OR LESS. SURVEYOR'S NOTES: 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 ACCOMPANY EACH OTHER. 4. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OR DIGITAL SIGNATURE OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY LIDBERG LAND SURVEYING, INC. 5. DATE OF LEGAL DESCRIPTION: JANUARY 30, 2023 ���n�rrrnrrr� ABBREVIATIONS: LIDBERG LAND SURVEYING, INC. ��.�� B ���,�� '\\A . -'- -.UC '� (/P = AS SHOWN ON PLAT Digitally signed byKenne��J l ) JBuchanan D.B. = DEED BOOK Kenneth DN: c=US, o=LIDBERG,o %v LS7202 F -p •2-y *, O.R.B. OFFICIAL RECORD BOOK SURVEYw�, ; �; •,2 : P.B. = PLAT BOOK `dnQualifier=A01410000000180221 P.O.B. = POINT OF BEGINNING Buchan,an-Buc'-hanan** 78770003F8DB, cn:cenneth = P.O.C. = POINT OF COMMENCEMENT ; - Date: 2023.04.1316:48:17 -M'00' PG. -PAGE STATE OF R/W = RIGHT OF WAY KENNETH J. BUCHANAN ; "oma FLORIDA 'QQ°',.`�` C = CALCULATED PROFESSIONAL SURVEYOR AND MAPPER ''•,`Ossa ,-'�•� �.` D DEED FLORIDA CERTIFICATE NO. 7202 �4"fe, �O/sCHD BRG= CHORD BEARING veyoc a`a``�`�� CHD DST= CHORD DISTANCE ! r 111 Uit� CAD. K:\ACAD2000\164243\24-2D2\21-027-303D\21-027-303D.dwg LIDBERG LAND REF. FLD. FB. PG. JOB 21-027-303D :SURVEYING, IN G 0 OFF. MBS _ _ DATE JANUARY 27, 2023 675 West /ndiantown Road, Suite 200, SHEET OF DWG. A21 -027E LB4431KD. KJB Juoiter. FloridaF/id.33458 TEL. 561-746-8454 ____ 1 2 K:\AUTOCAD2000\164243\24-202\21-027-303D\dwg\21-027-303D.dwg, 4/13/2023 3:49:55 PM, 1:1 • DESCRIPTION & SKETCH PREPARED FOR CHEN MOORE EASEMENT EXHIBIT ..A.. FOR FORCE MAIN I 20 10 0 20 40 GRAPHIC SCALE IN FEET ; _ SCALE: 1 _ 20 2° ORB 9664, PG. 1422 700 0, E cn s ►. �� is 4 sS,F o I �o o /Vss°3 22 • v I v L v =¢ cv 4 Ss '�'V %. i cW POC 77. 3 ' THE MOST EASTERLY CORNER 8' 08,E Ss'F EASEMENT I of TRACT 'A" VILLAGE OF \ i NORTH PALM BEACH PLAT N0. 1 = `C FOR i PB 24, PGS 202-206 o"4- - QQ ` S FORCEMAIN AND NORTHWEST CORNER AREA=2407 1 SQ FT z p J N • 34, i OF THE INTERSECTION m �� 3) 34' nl 4g �F OF ANCHORAGE DRIVE U o .p8, S6��� 6S•3�� r I S AND SOUTHWIND DRIVE. 4g •� � �3 >3, � Rte• J� /� Rte,, R=390.00' wo,`O ` �. y �s�,,F` A=05@47'21" TRACT i4» L=39.40' VILLAGE OF NORTH N43004'43"W RADIAL BEARING=S29'11'38"W PALM BEACH PLAT N0. 1 13.28' ; CHD BRG=S57'54'41 "W (PB 24, PG 202-206) CHD DIST=39.39' POB R=390.00' A=01028'53" J� L=10.08' �— CHD BRG-_ S5416 35 W Q CHD DIST=10.08' i V LOT 35, BLOCK 3 VILLAGE OF NORTH ' PALM BEACH PLAT N0. 1 CAD. K:\ACAD2000\164243\24-202\21-027-303D\21-027-303D.dwg LIDBERG LANDREF. ORVEYING, IN �°. FB. PG. JOB 21-027-303D OFF. MBS _ DATE JANUARY 27, 2023 675 West /ndiontown Road, Suite 200, SHEET OF DWG. A21-027E LB4431KD. KJB Juoiter. FloridaFlid33458 TEL. 561-746-8454 2 2 K:\AUTOCAD2000\164243\24-202\21-027-303D\dwg\21-027-303D.dwg, 4/13/2023 3:50:00 PM, 1:1