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2008-057 Deed of Conservation Easement to South Florida Water Management District• RESOLUTION 2008-57 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A DEED OF CONSERVATION EASEMENT IN FAVOR OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT RELATING TO IMPROVEMENTS AT ANCHORAGE PARK; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, as a wndition to the issuance of a permit for the Village's construction of improvements at Anchorage Park adjacent to the Earman River, the South Florida Water Management District is requiring the execution of a Conservation Easement restricting the use of the property in accordance with the conditions set forth therein; and WHEREAS, the Village Council determines that the execution of the Conservation Easement benefits the health, safety and welfare of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section I. The foregoing recitals are hereby adopted and incorporated herein. • Section 2. The Village Council hereby approves the Deed of Conservation Easement in favor of the South Florida Water Management District, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Easement on behalf of the Village. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 28th DAY OF AUGUST. 2008. (Village Sea]) ~ MAYOR ATTEST;,,~'~~ VILLAGE CLERK 9SII9~~118~I~I~~~~I~fa~~I~~I~C~l~ll'~~fl~~l DEED OF CONSERVATION EASEMENT Return recorded document to: South Florida Water Management District 3301 Gun Club Road, MSC 4210 West Palm Beach, FL 33406 THIS the Village of North Palm Beach DEED OF CONSERVATION EASEMENT is given this day of August 20 08 by ~~~ ~~~~~a~ ~ ~. ~~~~ ~ ~~ ~~~ ~.~°~~ ~G~ ~~~0~1 ~~~®~e~~~ ~~e~~a~~aa~ ~t~:~~:~~ Pa~.~ ~~~~lta Co~~~~~1a ~~~r~~a ~~~ g~~Il - ~1~7I~g Q~}~rg~D whose 501 U.S. Hi mailing 1, North Palm Beach, FL 33408-4906 ("Grantor") address is to the South Florida Water Management District ("Grantee"). As used herein, the term "Grantor" shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the term "Grantee" shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in Palm Beach County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein ("Property"); and WHEREAS, the Grantor desires to construct Anchorage Park Improvements ("Project") at a site in Palm Beach County, which is subject to the regulatory jurisdiction of South Florida Water Management District ("District"); and WHEREAS, District Permit No. ("Permit") authorizes certain activities which affect waters in or of the State of Florida; and Form 1190 (01/2007) Deed of Conservation Easement -Standard Page 1 of 8 WHEREAS, this Permit requires that the Grantor preserve, enhance, restore and/or mitigate wetlands and/or uplands under the District's jurisdiction; and WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes, over the area described on Exhibit "B" ("Conservation Easement'). NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual Conservation Easement for and in favor of the Grantee upon the property described on Exhibit "B" which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. The scope, nature, and character of this Conservation Easement shall be as follows: 1. Recitals. The recitals hereinabove set forth are true and coned and are hereby incorporated into and made a part of this Conservation Easement. 2. Purpose. It is the purpose of this Conservation Easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in this Conservation Easement which are to be enhanced or created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit. To carry out this purpose, the following rights are conveyed to Grantee by this easement: a. To enter upon the Property at reasonable times with any necessary equipment or vehiGes to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this Conservation Easement and to enforce the restoration of such areas or features of the Conservation Easement that may be damaged by any inconsistent activity or use. 3. Prohibited Uses. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, or other activities described herein that are permitted or required by the Permit, the following activities are prohibited in or on the Conservation Easement: Forth 1190 (01/2007) Deed of Conservation Easement -Standard Page 2 of 8 a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural or enhanced condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing; g. Acts or uses detrimental to such aforementioned retention of land or water areas; h. Acts or uses which are detrimental to the preservation of the structural integrity or physical appearance of sites or properties having historical, archaeological, or cultural significance. 4. Grantor's Reserved Rights. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and which are not inconsistent with any District rule, criteria, permit and the intent and purposes of this Conservation Easement. 5. No Dedication. No right of access by the general public to any portion of the Property is conveyed by this Conservation Easement. 6. Grantee's Liability. Grantee shall not be responsible for any vests or liabilities related to the operation, upkeep or maintenance of the Property. 7. Property Taxes. Grantor shall keep the payment of taxes and assessments on the Easement Parcel current and shall not allow any lien on the Easement Parcel superior to this Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in addition to any other remedy, the Grantee may, but shall not be obligated to, elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by the Grantee, together with Grantee's reasonable attorney's fees and costs, with interest at the maximum rate allowed by law, no later than thirty days after such payment. In the event the Grantor does not so reimburse the Grantee, the debt owed to Grantee shall constitute a lien against the Easement Parcel which shall automatically relate back to the recording date of this Fonn 1190 (01/2007) need of Conservation Easement -Standard Page 3 of S Easement. Grantee may foreclose this lien on the Easement Parcel in the manner provided for mortgages on real property. 8. Enforcement. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 9. Assignment. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this Conservation Easement except to another organization or entity qualified to hold such interests under the applicable state laws. 10. Severabilitv. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 11. Terms and Restrictions. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Conservation Easement. 12. Written Notice. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-i n-interest. 13. Modifications. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors-in-interest, which shall be filed in the public records in Palm Beach County. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purposes imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Conservation Easement is free and Gear of all encumbrances that are inconsistent with the terms of this Conservation Easement; and all mortgages and liens on the Conservation Easement area, if any, have been subordinated to this Conservation Easement; and that Grantor has good right and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. Forth 1190 (01/2007) Deed of Conservation Easement -Standard Page 4 of 8 IN WITNESS WHEREOF, the Village of North Palm Beach, a.municipal corporation (Grantor) has hereunto set its authorized hand this a7~~( day of August ,2008 the Village of North Palm Beach a Florida corporation By: Name: William L. (Print) Title: Signed, seal ur resents as witnesses: - /'~,I ~- By: By: ~~~~ .~o~ (Signature) (Signature) Name: ~f1~1!Lt(/ ~~/Y/~'~ Name: ~~,~~ SS~¢ ~.d~ (Pd t) (Pont) STATE OF FLORIDA COUNTY OF Palm Beach ss: On this p7 ~J'~/ day of August 2008 before me, the undersigned notary public, personally appeared William L. Manuel the person who subscribed to the foregoing instrument, as the Mavor (title), Of tha Villa9a of North Palin Raarh (corporation), a Florida corporation, and acknowledged that he/she executed the same on behalf of said corporation and the he/she was duly authorized to do so. He/She is erso known to or has produced a N/i¢ (state) river's license as identification. IN WITNESS WHEREOF, I hereunto set my hand and official seal. =:: ~ MYfAMMI~SSIONiDD437580 ~~g€ EXPIRE3:Juty13,2009 '~Nf,Th!F BonESC7tiN Naury PUbAO Unaemnrora NOTARY PUBLIC, STATE OF FLORIDA - - - ---- ., ~ /l Name: trnnt7 My Commission Expires: Fonn 1190 (01/2007) Deed of Conservation Easement -Standard Page 5 of 8 MORTGAGEE JOINDER, CONSENT AND SUBORDINATION For Ten Dollars ($10.00) and other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the owner and holder of a mortgage dated , in the original principal amount of $ ,given by ("Grantor") to ("Mortgagee"), encumbering the real property described on Exhibit "A" attached hereto ("Property"), which is recorded in Official Records Book at Page (together with that certain Assignment of Leases and Rents recorded in Official Records Book at Page and those certain UCC-1 Financing Statement(s) recorded in Official Records Book at Page ), all of the Public Records of County, Florida (said mortgage, assignment of leases and rents, and UCC-1 Financing Statements, as modified, are hereinafter referred to as the "Mortgage"), hereby joins in, consents to and subordinates the lien of its Mortgage, as it has been, and as it may be, modified, amended and assigned from time to time, to the foregoing Conservation Easement, executed by in favor of the South Florida Water Management District applicable to the Conservation Easement, as said Conservation Easement may be modified, amended and assigned from time to time, with the intent that the Mortgage shall be subject and subordinate to the Conservation Easement. IN WITNESS WHEREOF, this Mortgagee Joinder, Consent and Subordination is made this 20 By: Name: Title: day of (Signature) (Mortgagee) (Print) WITNESSES By: By: (Signature) Name: Name: (Signature) Form 1190 (0112007) Deed of Conservation Easement -Standard Page 6 of 8 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of as of 20 by (print name), (title) (Grantor of Mortgage), on behalf of the (Mortgagee, Grantor of the Conservation Easement). He/She is personally known to me or has produced a (state) driver's license as identification. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA Name: (Signature) (Print) My Commission Expires: Fonn 1190 (01/2007) Deed of Conservation F~sement -Standard is~m>td.a~r Page 7 of 8 EXHIBIT A [DESCRIPTION OF PROPERTY] Form 1190 (01/2007) Deed of Conservation Easement- Standard Page 8 of 8 0 ~nr ~NDRTN PALM N O N C! a v' N 0 d 3 3 m a z I ccxNn. PB =PLAT BOOK O PG =PAGE POB =POINT OF BEGENNING POC =POINT OF COMMENCEMENT WCE =WETLAND CONSERVATION EASEMENT RO.W. =RIGHT OF WAY A =DELTA SCALE: 1°= 200' R =RADIUS L =LENGTH ~1 I I I I I I Y OC EAST QUARTER INLET ROAD PB 24. PG 2021 Y SEC710N CORNER OF ~cnoN n, TowNSwP a2 sauTN, RANGE 43 EAST 14 15 16 17 18 19 20 21 22 3 ~" ~_ ~' ~ ~ 23 n ~ ~ ~ AZURE 1AG00N (PB 24, PG 202) SE CORNER LOT 231 ~ .. w ~ y` ~, f~MAN Ri \ t,E'q N~N/ER~~/Eki ~ PO N WCE BEARING BASE: THE EAST QUARTER SEC110N LINE IS TAKEN AS BEING S0131'09°W AND ALL OTHER BEARINGS ARE RELATIVE THERETO. /l 3 U ~ ~ a J o~ w 7 r "' ~o TRACT °A' < 'a VILLAGE OF NORTH PALM BEACH '" PLAT N0. 1 (PB 24, PG 202) N ~~~( ~`~°~01 ~~ (YVN ~ 7RgCT • • ~y~ . r ;~ Nsr ~y11\\\\ 7F~gCT • , 43J ~V ~R N 57Z~?W Mq R/~, POB WCE_ LOT 23 N0. 2 OT 22 OCK 38 VILLAGE OF NORTH PALM BEACN PLAT N0. 3 rl (PB 25, PGS 175-178) Ng~433' 9572?1Y 12 13 12 11 10 9 B 7 6 \~ ~s2 1~ ~o\9yo. \~ KEY MAP wre m-ismap c zn n p„ ~ ~ ~•°~ ~ ~~ VILLAGE Of NORTH PALM BEACH ~~^'°~"iBia°'°'p"~"° :' ~"° "" ~'°'"° °~~~ ANCHORAGE PARK ~o~engen~uiPy~ 4 raaem nwaa ~.• p .~ „a ~~ n„r ~ "° WETLAND CONCERVATION EASEMENTS D304S2L06 WEWD G autn omen pros. „e „m p6~m6t nm. er r„Y apw rwm. am v.\,...w o.ntn,. O7\IIMpS ~~\Arn\!111164 71 (V.,~nAnls Arn ]/]l /•1(1M T~ ~w~'I„.IAYQ~Y9~!~~f1~FN~ pR•d5 p11 RIT TRACT 'B' ~ ~ LLAGE DF N TH PALM BEACH , ~ ~ ~ N6Z 4~~4° rB 24, PC 202) ;- ~; PUT N~ 1 ( & IJY N24'~1~"E ~6f O y 57174'5a"E 38.79' SCALE: 1°= 80' / ~~'L=125.77 ~ ~ ' R=$32.00' y p 4=13'32'43° 9 ~~ ~Z~ ~' a r~. L=103.03' ~ R=404.23' ,~ 6=14'36'14" ° a N qq g 1. ° . / ' L=64.55' ur ~ ~ $ ~ R=102.15' m ~ ~ - a' N 109 ~ k, ~' IZ da3672'32° ~ ~ ~ ~ N o `~ e ~~ ~z a J B . ~ ~ ~ :. ~ '~ 69'13'47°E ' 43.60' . ~ " ~ ~~~ ~~ ~ ' 1=80.77 ~ ~ ~ . R=141.51 ~ ~ / ~' d=32'4217 ~ ~ ~$ // SOUTHERLY UNE Gf 1RACT °A' : ~: .~ ~ / %~ NORTHERLY UNE aF TRACT '8° / yry ti33,:!. / ~ q ~jB, , ( L .~' .. , 09 95' WLUGE OF NORTH PALM BEACH . ,~ _ ~ PUT ND. i (PB 24, PG 202) d~1 701'43° „~ H ,;5783 021,5°E BEARING BASE: 9 F' THE EAST QUARTER SEC710N LINE IS ' ° W AND ALL TAKEN AS BEING 50131 09 ~' =11314. ~ OTHER BEARINGS ARE RELATIVE THERETO. '~ R=203.62' 4=31'50'16° ~ ~ "~' ~ i ~ 7. 8 5'13'St'W ~ (RADIAL) ,, :'~ NZ4 lo N67'43'3?~° '~ 7> L TD~67~f ~ ~' R 14~~Q0'. FDF D 4 7.08 ~ :;" 4=18'0252 ~ N • I L 6r~9 p ' PB =PLAT BOOK .>` ~ 7~ <~' b-R-~$55'0.S• PG =PAGE `u4• ~ , %% 531~gg4•W POB =POINT OF BEGENNING p ~h 39.78 EASTERLY UNE OF TRACT 'B° POC =POINT OF COMMENCEMENT UNE OF SOUIHWIND DRWE WCE =WETLAND CONSERVATION EASEMENT NORTHERLY RO W ~ = . . , ` " 42'58'0 E ~ ~ ~,, ~' ~ (RADIAL ' R.O.W. =RIGHT aF WAY CCa~ryry 7~ACT A; CORN TRACT °B a d =DELTA ~i``;; 51D6'45°E.; .. g °?g3, J , C 40 E ~.; R =RADIUS TH SOUTHERLY R.O.W. UNE CF ~6° '~Fk gO >s• a~ / . : 55027'S>,"E - .vy. po L =LENG sauTHV4HO oPoVE 39'78 ~ `` `'' °"" EASEMENT DETAIL SKETCH AND DESCRIPT ION THIS IS NOT A SURVEY ~„E ao-lo-~ x~ ~ 1-.~ m.,ael,~~l 2 °°'•"`"° VILLAGE OF NORTH PALM BEACH ~~°~~°~°p1° ;' `"°"` °'°""'°°°" °'~~~ ANCHORAGE PARK ~O~e11ge gU~~''Y,r,c. 4 o>~ ~ ~.. .~ wa ^~*~ >7~ '"~' "° WETLAND CONCERVATION EASEMENTS ryl[tl® 6 RVa1 omUn uav..c um 8l'®¢ mN, •u Vlui <,IpL 110Pd lual IN (%1HR'l1A •!41l~7~<101'~flmNll>HIIGLd v. \i ....~ O.n h.1e A7\IIV1dS 71\Aun\ONdS 71 M~mAnln dW.. 7/71 b(1M T6Q~65 0U MT A PARCEL OF LAND LYING WITHIN TRACT °B° AND SOUTHINND DRIVE AS SHOWN ON THE VILLAGE OF NORTH PALM BEACH PLAT N0. 1 AS RECORDED IN PLAT BOOK 24, PAGE 202 Of THE FUBUC RECORDS OF PALN BEACH COUNTY, FLORIDA, LYING IN SECTION 17, TOWNSHIP 42 SOUTH, RANGE 43 EAST AND DEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT 1HE EAST QUARTER SECTION CORNER OF SECTION 17, TOWNSHIP 42 SOUTH, RANGE 43 EAST; THENCE SOUTH 01'31'09° WEST ALONG THE EAST QUARTER BECKON UNE OF SAID SECTION 17, A DISTANCE OF 198.79 FEET; THENCE LEAVING SAID EAST WARIER SECTION UNE DF SAID BECKON 17, NORTH 88'28'51' WEST, A DISTANCE OF 40.00 FEET TO THE SOTTHEAST CORNER OF lOT 23 AND BEING THE NORTHEASTERLY CgTNER OF TRACT °A° AND BEING A POINT ON THE WESTERLY RIGHT OF WAY UNE OF ANCHORAGE DRIVE, ALL AS SHOWN ON WLLACE OF NORTH PALM BEACH PLAT N0. 1 AS RECORDED IN PLAT BOOK 24, PAGE 202 OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE THE FOLLOWING TWO CALLS ALONG THE EAST UNE OF SAID TRACT °A° AND THE WESTERLY RIGHT OF WAY UNE OF ANCHORAGE DRIVE, SWTH 01'31'09° WEST, A DISTANCE OF 445.09 FEET TO THE POINT OF WRVATURE ~ A WRVS CONCAVE TO 1HE NORTHEAST WI1H A RADIUS OF 840.00 FEET; THENCE SWTHEASTERLY ALONG THE ARC OF SAID WRVE THROUGH A CENTRAL ANGLE OF 2924'13°, A DISTANCE OF 431.08 FEET TO THE NON-TANGENT INTERSECTION WITH A ~WRVE CONCAVE TO THE SOUTHEAST WITH A RADIUS OF 390.D0 FEET AND A RADIAL BEARING OF SWTH 2970'00° EAST AT SAID PlTERSECDON; THENCE SOUTHWESTERLY ALONG THE NORTHERLY RIgiT OF WAY UNE OF SOUTHIMND DRIVE AS SHOYM ON SAID VILLAGE OF NORTH PALM BEACH PLAT N0. 1, AND THE ARC OF SAID WRVE THRWGH A CENTRAL ANGLE OF 28'51'16°, A DISTANCE OF 196.41 FEET TO THE PgNT ~ TANGENCY AND THE SOUTHEASTERLY CORNER OF SAID TRACT °A' AND THE NORTHEASTERLY CORNER OF TRACT °B°, SAID NLLAGE OF NORTH PALM BEAgi PLAT N0. 1; (HENCE SWTH 31'58'44° WEST ALONG THE NORTHERLY RIGHT OF WAY UNE OF SOUTHW7ND DRIVE AND THE EASTERLY UNE OF SAID TRACT °EP, A DISTANCE OF 39.78 FEET TO 1HE POINT OF BEgNNINC OF WETLAND CONSERVARON EASEMENT N0. 1 (WCE N0. 1); THENCE LEAVING SAID SAID RIGHT OF WAY UNE OF SWTHWIND DPoVE AND EASTERLY UNE OF TRACT °B° SOUTH 51V6'45° EAST, A DISTANCE OF 40.86 FEET; THENCE SWTH 50'27'52° EAST, A DISTANCE OF 39.78 FEET TD A POINT ON THE SOTTHERLY RIGHT OF WAY UNE OF SWTHVAND DRIVE; THENCE SW1H 3158'44°W ALONG SAID SWIHERLY RIGHT OF WAY UNE OF SOUIHWIND DRIVE, A DISTANCE OF 70.08 FEET: THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY UNE OF SW7HWIND DRIVE NORTH 65'08'46" WEST, A DISTANCE OF 80.62 fEET TO SAID NORTHERLY'RIGHT OF WAY UNE OF SOU1HWiND OPoVE AND SOTTHERLY UNE OF TRACT °B°, SAID PoINT ALSO E#JNG ON THE NORTHERLY RIGHT OF WAY UNE OF THE EARMAN RIVER; THENCE NORTH 67'43'32° WEST ALGNG THE SOUTHERLY UNE Cf SAID TRACT °8° AND THE NORTHERLY RIGHT OF WAY UNE OF THE EARMAN RIVER, A DISTANCE OF 47.08 FFl'T; THENCE IEAVWG SAID SWIHERLY UNE ~ TRACT °8° AND THE NORTHERLY RIGHT OF WAY UNE OF THE EARMAN RIVER NORTH 2427'12°, A DISTANCE OF 101.61 FEET TO THE NON-TANGENT INTERSECRON PATH A WRVS CONCAVE TO THE SOUTHWEST VATH A RADIUS OF 14200 FEET AND A RADIAL BEARING OF SWTH 25'13'51° WEST AT SAID INTERSECTION; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18D2$2°. A DISTANCE OF 44.73 FEET TO A ' NON-TANGENT INTERSECRON WITH A CURVE CONCAVE TO THE NORTHEAST WITH A RADIUS OF 55.00 FEET AND A RADIAL BEARING NORTH 4258'00° EAST AT SAID INTERSECTION; THENCE SOUTHEASTERLY ALONG 1HE ARC OF SAID CURVE THRWCH A CENTRAL OF 1555'03°, A DISTANCE OF 15.28 FEET TO A POINT OF NON-TANGENCY AND THE POINT OF BEGINNING OF WETLAND CONSERVARON EASEMENT N0. I (WCE N0. 1). CONTAINING: 11,557 SWARE FEET OR 0.265 ACRES MARE LESS. DESCRiP110N We'llAND CONSERVATNkt CKFUFMT NIIYRFR 2 ND 2! A PARCEL OF LAND BEING A PORTION OF TRACT °B° WLLAGE OF NORTH PALM RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 17, TOWNSHIP FOLLOWS: BEACH PLAT N0. 1 AS RECORDED IN PLAT BOOK 24, PAGE 202 OF THE PUBUC 42 SOUTH, RANGE 43 EAST AND BEING MORE PARRWIARLY DESCRIBED AS COMMENCE AT THE EAST WARIER BECKON CORNER OF SECTION 17, TOWNSHIP 42 SWTH, RANGE 43 EAST; THENCE SOUTH 01'31'09° WEST ALg4G THE EAST WARIER BECKON UNE OF SAID SECTION 17, A DISTANCE OF 198.79 FEET; THENCE LEAVING SAID EAST WARIER BECKON UNE OF SAID SECTION 17, NORTH 88'28°51' WEST, A DISTANCE OF 40.00 FEET TO THE SW7HEAST CORNER OF LOT 23 AND BANG THE NORTHEASTERLY CORNER OF TRACT °A° AND BONG A POINT ON THE WESTERLY RIGHT OF WAY UNE OF ANCHORAGE DRIVE, ALL AS MOWN ON VILLAGE OF Ng2TH PALM REACH PLAT N0. 1 AS RECORDED IN FLAT BOOK 24, PAGE 202 OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE THE FOLLOWING TWU CALLS ALONG THE EAST UNE OF SAID TRACT °A° AND THE WESTERLY RIGHT OF WAY UNE OF ANCHORAGE DRIVE, SOUTH 01'31'09° WEST, A DISTANCE OF 445.09 FEET TO THE POINT OF WRVATURE OF A WRVE CONCAVE TO THE NORTHEAST WITH A RADIUS DF 840.OD FEET; THENCE SOUTHEASTERLY ALONG THE ARC Of SAID WRVS THRWGH A CENTRAL ANGLE OF 29'24'13°, A DISTANCE OF 431.08 FEET TO THE NON-TANGENT INTERSEC710N WITH A WRVS CONCAVE TO THE SOUTHEAST WITH A RADUS OF 390.W FEET AND A RADIAL BEARING OF SWTH 2970'00° EAST AT SAID OJTERSECRON; THENCE SWTHVIESTFRLY ALONG 1NE NORTHERLY RIGHT OF WAY UNE OF SOUTHWMD DRIVE AS SHOWN ON SAID NLLAGE OF NORTH PALM BEACH PLAT N0. 1, AND THE ARC OF SAID WRVE THRWGH A CENTRAL ANGLE OF 28'51'16°, A DISTANCE OF 196.41 FEET TO THE PgNT OF TANGENCY AND THE SOUTHEASTERLY CORNER OF SAID TRACT °A° AND THE NORTHEASTERLY CORNER OF TRACT °B°, SAID VILLAGE OF NORTH PALM BEACH PLAT N0. 1; THENCE SWTH 31'58'44° WEST ALONG THE NORTHERLY RIGHT OF WAY UNE Of SOUTHVAND DRIVE AND THE EASTERLY UNE OF SAID TRACT •B°, A DISTANCE OF 130.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY UNE OF THE EARMAN RIVER AND THE SOUTHERLY UNE OF TRACT °B°; THENCE LEAVING THE NORTHERLY RIGHT OF WAY UNE OF SOUTHX9ND DRIVE, NORTH 67'43'32• WEST ALONG THE SWTHERIY UNE Of SAID TRACT °B° AND THE NORTHEf~Y RIGHT OF WAY UNE OF THE EARMAN RIVER A DISTANCE OF 95.12 FEET TO THE POINT OF BEgNNING OF WETLAND CONSERVARON EASEMENT N0. 2 (WCE N0. 2); THENCE CONTINUE NORTH 67'43'32° WEST ALONG THE SOUTHERLY UNE OF SAID TRACT °B° AND THE NORTHERLY RIGHT OF WAY UNE OF THE EARMAN RIVER, A DISTANCE OF 379.44 FEET; THENCE LEAVNG THE SOTTHERLY UNE OF SAID 1RACT °8° AND THE NORTHERLY RIGHT OF WAY UNE OF THE EARMAN RIVER, NORTH 22'29'08° EAST, A DISTANCE OF 102.97 FEET; THENCE SOUTH 6973'47° EAST A DISTANCE OF 43.60 FEET TO THE NON-TANGENT INTERSECRON WITH A WRVE CONCAVE Tb THE SWTH WITH A RADIUS OF 141.51 FEET AND A RADIAL BEARING OF SWTH 09'51'01° WEST AT SMD INTERSECRON; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32'42'17°, A DISTANCE OF 80.77 FEET TO 1HE NON-TANGENT INTERSECTION WITH A WRVS CONCAVE TO THE NORTHEAST WITH A RADIUS OF 369.96 FEET AND A RADIAL BEARING OF NORTH 33'37'16° EAST AT SAID iNTERSECRON; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17'01'43°, A DISTANCE OF 109.95 FEET TO THE POINT OF NON-TANGENCY; THENCE SOUTH 7620'05° EAST, A DISTANCE OF 39.21 FEET TO THE NON-TANGENT INTERSECRgJ PATH A WRVE CONCAVE TO THE SOUTHWEST WITH A RADIUS OF 203.62 FEET AND A RADIAL BEARING Of SOUTH 05'02'37° WEST AT SAID INTERSECRON; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THRWGH A CENTRAL ANGLE OF 3150'16°. A DISTANCE OF 113.14 FEET TO THE POINT OF BEGINNING OF WETLAND CONSERVARON EASEMENT N0. 2 (WCE N0. 2). CONTAINING: 38,424 SWARE FEET OR 0.882 ACRES MORE OR LESS. SKETCH AND DESCRIPTION (THIS IS NOT A EASEMENT DESCRIPTIONS 3 ~ ~-~~ ~~ T° `"° "'~ °'°"~~°`°'° '•°""~°'""~' VILLAGE OF NORTH PALM BEACH ~O~^~~°°°~° enge ~ 4 T O1~1611 ' mBYmA~ . ANCHORAGE PARK ~ f F,G 9~ PflOJEC "° ~~a ~~ g~ ~ WETLAND CONCERVATION EASEMENTS D30452106 tllm® 6 wGq omen wv. xe _.. m mvme my rar rxy six sl~• ac• ox leepsln, . rul PP7Pi~ • w~nminmow V•\I nnA Prn L+rla R9\IIiMS ]t\drn\OY165 Ol lVi,mMr°drn T/91 /W1M T611. 64 OY MT LTESCRIPTON WE7Liun CONSFRVATON E~cauF_uT _uLlu_L~y fWCE NO 3;; A PARCEL OF LAND BEING A PORTON OF TRACT °B° MLLAGE OF NORTH PALM BEACH PLAT N0. 1 AS RECORDED IN PLAT BOOK 24, PAGE 202 OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN BECTON 17, TOWNSHIP 42 SOUTH, RANGE 43 EAST ANO BEING MORE PARTCULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE EAST DUARTER BECTON CORNER OF BECTON 17, TOWNSHIP 42 SOUTH, RANGE 43 EAST; THENCE SOUTH 01'31'09° WEST ALONG THE EAST QUARTER BECTON LINE OF SAID BECTON 17, A DISTANCE OF 19&79 FEET; THENCE LEAVNG SAID EAST QUARTER BECTON UNE OF SAID BECTON 17, NORTH 8828°51' WEST, A DISTANCE OF 40.00 FEET TO THE SOUTHEAST CORNER OF LOT 23 AND BONG THE NORTHEASTERLY CORNER OF TRACT °A° AND BEING A POINT ON 1HE WESTERLY RIGHT OF WAY UNE OF ANCHORAGE DRIVE, ALL VILLAGE OF NORTH PALM BEACH PLAT ND. 1 AS RECORDED IN PLAT BOOK 24, PAGE 202, PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE THE FOLLOWING TWO CALLS ALONG THE EAST UNE OF SAID TRACT °A° AND THE WESTERLY RIGHT OF WAY UNE OF ANCHORAGE DRIVE, SOUTH 01'31'09" WEST, A DISTANCE OF 445.09 FEET TO THE POINT OF WRVANRE OF A CURVE CONCAVE TO THE NORTHEAST WITH A RADIUS OF 840.00 FEET; 1HENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE DF 29'24'13°, A DISTANCE OF 431.08 FEET 10 THE NON-TANGENT INTERSECTION WI1H A CURVE CONCAVE TO THE SOUTHEAST WITH A RADIUS OF 390.00 FEET AND A RADIAL BEARING OF SOUTH 29'1000° EAST AT SAID INTERSECTON; THENCE SOUTHWESTERLY ALONG THE NORTHERLY RIGHT OF WAY UNE OF SWTHWIND DRIVE AS SHOWN ON SAID VILLAGE OF NORTH PALM BEACH PLAT N0. 1, AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2851'16°, A.DISTANCE OF 196.41 FETT TO THE PgNT q" TANGENCY AND THE SOUTHEASTERLY CORNER OF SAID TRACT °A° AND THE NORTHEASTERLY CORNER OF TRACT °B°, SAID VILLAGE OF NORTH PALM BEACH PLAT N0. 1; THENCE SOUTH 31'58'44" WEST ALONG THE NORTHERLY RIGHT Of WAY UNE OF SOUTHVWND DRIVE AND THE EASTERLY UNE OF SAID TRACT °B°, A DISTANCE OF 130.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY UNE OF 711E EARMAN RIVER AND THE SOUTHERLY UNE OF 1RACT °B°; THENCE LEAVING THE NORTHERLY RIGHT OF WAY UNE OF SOUTHWND DRIVE, NORTH 67'43'32° WEST ALONG THE SOUTHERLY UNE OF SAID TRACT °8° AND THE NORTHERLY RIGHT OF WAY LP1E OF THE EARMAN RIVER A DISTANCE OF 522.56 FEET TO THE POINT OF BEGINNING OF WETLAND CONSERVATON EASEMENT NO. 3 (WCE N0. 3); THENCE CONTNUE NORTH 67'43'32° WEST ALONG THE SOUTHERLY UNE OF SAID TRACT °B° AND THE NORTHERLY RIGHT OF WAY UNE OF THE EARMAN RIVER, A DISTANCE OF 300.51 FEET; THENCE LEAVNG THE SOUTHERLY UNE OF SAID TRACT °B° AND THE NORTHERLY RIGHT OF WAY UNE OF THE EARMAN RIVER, NORTH 23'11'26° EAST, A DISTANCE OF 45.67 FEET; THENCE NORTH 66'46'34" WEST, A DISTANCE OF 28.09 FEET; 1HENCE NORTH 2371'26° WEST, A DISTANCE OF 43.71 FEET; THENCE SOUTH 71'14'54° EAST, A DISTANCE OF~36.79 FEET TO THE NON-TANGENT INTERSECTON WITH A CURVE CONCAVE TO THE SOUTHWEST WITH A RADIUS OF 532.00 FEET AND A RADIAL BEARING OF SOUTH 11'44'37° WEST AT SAID INTERSECTON; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13'32'43°, A DISTANCE OF 125.J7 FELT TO THE NON-TANGENT INTERSECTON WITH A CURVE CONCAVE TO THE NORTHEAST Wi1H A RADIUS OF 404.23 FEET AND A RADIAL REARING ~ NORTH 29'17'32° EAST AT SAID MTFRSECTON; THENCE SOUTHEASTERLY ALONC THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14'36'14°, A DISTANCE OF 103.03 FEET TO 1HE NON-TANGENT INTERSECTION WITH A CURVE CONCAVE TO THE SOUTH WITH A RADIUS OF 102.15 FEET AND A RADIAL BEARING OF SOUTH 03'51'07' WEST AT SAID INTERSECTON; THENCE NORTHEASTERLY ALONG THE ARC OF SA1D CURVE THROUGH A CENTRAL ANGLE OF 3672'32°, A DISTANCE OF 64.55 FEET TO A POINT OF NON-TANGENCY; THENCE SOUTH 22'29'08° WEST, A DISTANCE OF 109.48 FEET TO THE POINT OF BEGINNING OF WETLAND CONSERVARGN EASEMENT N0. 3 (WCE N0. 3). CONTAINING: 31,383 SQUARE FEET OR 0.720 ACRES MORE OR LESS TOTAL CONTAINING 81,364 SQUARE FEET OR 1.867 ACRES MORE OR LESS. ~jQVEYOR'S CERTFICATE I HEREBY CERTFY THAT THE SKETCH AND OESCRIPTON REPRESENTED HEREON COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS, AS SET FORTH_ BY TIE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO BECTON 472.027 FLORIDA STATUTES. NOTE: 1. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFlCE. 2. THE SURVEY IS BASED ON INFORMATON FURNISHED BY CLIENT OR CLIENT'S REPRESENTATVE. ,3. THIS SURVEY IS NOT VALID UNLESS SEAL.F.D .W11H AN EMBOSSED SURVEYOR'S SEAL. n GARY A. RAGER, P.S.M. CERTFlCATE N0. LS 4828 CORPORATON N0. LB 6603 STATE OF FLORIDA JUNE 23, 2008 AND DESCRIPTION (THIS IS NOT A 4 ~" ~ `"° "" ~MA~ °"'°~'~"'° ~~ VILLAGE OF NORTH PALM BEACH ~...~~m "~'""""'"~ ANCHORAGE PARK ~°° ^° ~^~ n~ ~ "° WETLAND CONCERVATION EASEMENTS 30452L06 eam aMtx •~•~~•~ Lc~ en end ~~ ~ f ~,y g ~ `y aaun aw. ne ~ d~ m,n ~.... aw ~. n,m m (en]~ue~ . ru pe,ptsuve •MUmunwonm,