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
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PB =PLAT BOOK O
PG =PAGE
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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
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TowNSwP a2 sauTN,
RANGE 43 EAST
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BEARING BASE:
THE EAST QUARTER SEC110N LINE IS
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OTHER BEARINGS ARE RELATIVE THERETO.
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SKETCH AND DESCRIPT ION THIS IS NOT A SURVEY
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2 °°'•"`"° VILLAGE OF NORTH PALM BEACH ~~°~~°~°p1°
;' `"°"` °'°""'°°°" °'~~~ ANCHORAGE PARK ~O~e11ge gU~~''Y,r,c.
4 o>~ ~ ~..
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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
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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
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