2008-069 Bill of Sale & Easement Deed to Seacoast Utility Authority•
RESOLUTION 2008-69
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE A BILL OF SALE AND EASEMENT DEED
IN FAVOR OF SEACOAST UTILITY AUTHORITY RELATING TO THE
RECLAIMED WATER SUPPLY FOR IRRIGATION PURPOSES; AND
PROVIDING FOR AN EFFECTIVE DATE.
•
WHEREAS, as required by the Water Use Permit issued by the South Florida Water
Management District relating to the irrigation of the Country Club Golf Course and other Village
properties, the Village entered into a Class A Reclaimed Water Agreement ("Agreement") with
Seacoast Utility Authority ("SUA"); and
WHEREAS, the Agreement requires the Village to execute easements in favor of SUA for the
installation and maintenance of reclaimed water lines to the point of delivery and to transfer title
to the facilities conshvcxed by the Village to SUA free and clear of any liens or encumbrances; and
WHEREAS, the Village Council determines that the execution of these documents 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 aze ratified as true and correct and aze incorporated herein.
Section 2. The Village Council hereby approves the Bill of Sale for the Reclaimed System
and the Easement Deed in favor of Seacoast Utility Authority, copies of which are attached
hereto and incorporated herein by reference, and authorizes the Mayor and Village Clerk to
execute these documents on behalf of the Village.
Section 3. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS 9th DAY OF OCTOBER, 2008.
(Village Seal)
ATTES,T,;, ~ ~..~'
MAYOR
• VILLAGE CLERK
BILL OF SALE
RECLAIMED SYSTEM
KNOW ALL MEN BY THESE PRESENTS that Village of North Palm Beach (hereinafter referred to as the
"Grantor"), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable
considerations to it paid by Seacoast Utility Authority, (hereinafter referred to as Authority), the receipt
of which is hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and
by these presents does grant, bazgain, sell, transfer, set over and deliver unto Authority, its successors
and assigns, all those certain goods and chattels described as follows:
Reclaimed water lines, metering facilities and related appurtenances constructed for the
Project known as North Pahn Beach Golf Course, which is more completely described in
the attached Exhibit "A".
TO HAVE AND TO HOLD the same unto Authority, its successors and assigns forever.
And the GRANTOR, for itself and its successors, hereby covenants to and with Authority, its successors
and assigns, that it is the lawful owner of the said goods and chattels, that they are free from all liens and
encumbrances, that is has good right to sell the same as aforesaid, and that it will warrant and defend the
same against the lawful claims and demands of all persons whomsoever.
In addition, the GRANTOR hereby warrants said potable water systems and/or sanitary sewage
collection systems and/or lift stations and related facilities to be free from defects due to installation
and/or materials for a period of twelve (12) months from Jmte 24, 2008 and GRANTOR further agrees to
reimburse Authority in full for reasonable and necessary repairs (as detemtined by Authority), due to
said defects during the twelve (12) month period; cost of same shall be set out on an invoice from the
person performing the repairs.
GRANTOR:
Village of North Palm Beach
By:_~ ~.~
William Manuel, Ma r
Attest: i~~ii(,E%ti~, / d~ /_~~/
Melissa Teal, Village Clerk
STATE OP FLORIDA
COUNTY OP PALM BEACH
The foregoing instmment was acknowledged before me this) ~ day of ~~C 2008 by William
Manuel, Mayor of ViIlage of North Palm Beach and Melissa Teal, Village Clerk who is personally known to
me or who has produced as identification and who did nD'~ take an oath.
iMdAYRpTYEN
NoWr PuDYe • state d Platka
. WCaaw~onE~aoee4,mt
caemwun ~ oD ett~
lea11d1Map~NreiulMel!/~
Notary Signat
TnATNS~W l~T~cee~(1
Print Name "
Notary Public- State of Florida
Commission No:
My Commission Expires:
Project Name: North Palm Beach Golf Course
Exhibit "A"
Reclaimed Water System being dedicated to Seacoast Utility Authority
Quantiry(r> Material Diameter Unit Unit Price(z) Extended Price
(p DIP S" LP $50.00 $3,000.00
Fire Hydrant Assembly (s)
QuanHryp) Make Unit Price(s) Extended Price
Metering Faciliry(a)
Meter Mfg. Area Served Size Unit Price(s) Extended Price
Sensus 133 acres 8" Lump Sum $65,695.48
(1) To include all main materials, valves, fittings etc. up to either the core stop/meter (for
domestid'urigationservtce or backflow device (fireline).
(2) Unit prices shall include all material and labor as installed.
(3) Metering facility prices shall include telemetry and fencing.
EXHIBIT "B"
Easement Deed
Ruum To:
Bnra Gregg
SeecoaU []]airy Auawriry
4200 Hood Road
PaLn Heech (tardens, Fl 33d ]0
EASEMENT DEED
THIS EASEMENT DEED made and entered into this 6r'/J6~'t day of ~ 2008 between
the Village of North Palm Beach, a Florida municipal corporation (hereinafter referred to as "Grantor") whose
address is 501 U.S. Highway One, North Palm Beach, FL 33408 and Seacoast Utility Authority (hereinafter referred tc
as "Graotee'~ whose address is 4200 Hood Road, Palm Beach Gardens, Florida, 33410.
WITNESSETH:
That Gmntor, fm and in consideration of the sum of Ten Dollazs ($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 water and 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 EXIIIBIT "A", ATTACHED HERETO
AND MADE A PART HEREOF
Grantor shall no[ grant additional easements or similar interests in, on, over, under, or across said easement
premses without Grantee's prior written consent, which will not be unreasonably withheld. Neither Grantor, nor any
other person claiming an interest through Gmntor, 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, obshvction, improvement
ar impediment 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 aze
prior m 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.
Shculd Grantee enter the easement to perfoan installation, opemticn, 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 oft
1N WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal as of the date first above
written.
WITNESSES:
Signed, sealed, and delivered
in the presence of:
GRANTOR:
Village of North Palm Beach, a Florida
municipal corporation
~~~~~~
witness signature
~~:M~`~~~d~s~
Print Name /~
(~I~~ZP,car-~l
witness signature
~~~vle Levne~
Print Name
STATE OF FLORIDA)
COUNTY OF PALM BEACH)
William Manuel, Mayor
Arrest: _f~~~t~~/~'
Melissa Teal, Village Clerk
The foregoing instrument was acknowledged before me this~b~day of ~}o~~C , 2008 by William
Manuel, Mayor of Village of North Palm Beach and Melissa Teal, Village Clerk who are ~ onally known to me or
who have produced
as identification.
WITNESS my hand and official seal in the County and State last aforesaidthis~ ofd- 2008.
, TAIAIAy ROTMEN
Ibpry VuUlk - 6tete of Fkdde
. yrEpiree0x1,301
Conte 6 OD 818668
BnidlOThoupMl~Mf Ma W 11~
~~~~
Notary Signature
Print Name
Notary Public -State
Commission No:
My Commission Expires:
Page 2 of 2
. tEliENQ
R.O.W. RIGHT OF WAY
RPB ROAD PLAT BOOK
PB PLAT BOOK
PG PAGE
F.I.N.D. FLORIDA INLAND
NAVIGATION DISTRICT
s~,
/N q~S7f4'~
(F,Na4,ry~ ~ ~
R,OW A7FR<~Nf
dlgpJ~'TY
PDINT OF
WESTERLY R.O.W.
RD. N0. 5
VILLAGE OF NORTH PALM
BEACH GOLF COURSE
S11'25'S2°W
863.75'
^^
h --
i =o
h
~~
og~
c~
~ a
YQ ~ N
N ~ Q~
~~
u
SECTION 9
TOWNSHIP 42 SOUTH
RANGE 43 EAST
N
SCALE 1°=30`
Exhibit "A"
Page 1 of 2
0=21'4249°
L=1108.47'
i
N~'4~o
(pg ~Tq~ yA
CENTERLINE OF A I
12' WIDE EASEMENT
~~~" fi
r fi` 56`00
I x582'10.00 W °
S04"26'00'W~ (~
20.00' ' I I 12'
AREA=s12 sn Fr -~L~
anur nc Tcnuluuc
l£GAL DESCRIPTION:
A STRIP OF LAND 12 FEET IN WTDTH LUNG WITHIN SECTION 9, TOWNSHIP 42
OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
POINT OF BEgNNING
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, THE CENTERDNE
COMMENCE AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD N0. 5 (US HIGHWAY N0. 1) AS SHOWN ON 1HE STATE ROAD
DEPARTMENTS RIGHT OF WAY MAY AS FECORDED IN ROAD PLAT BOOK 2, PAGES 105 THROUGH 118, INCLUSIVE, OF THE PUBUC RECORDS OF PALM
BEACH COUNTY, FLORIDA AND THE SOUDIWESIERLY RIGHT OF WAY LINE OF THE INTRACOASTAL WATERWAY AS SHOWN ON FLORIDA INLAND NAVIGATION
DISTRICTS PoGHT OF WAY MAP AS RECORDED IN PLAT DOOK 17, PAGE 10 OF SAID PUBUC RECORDS; THENCE 511'25'52"W ALONG SAID WESTERLY RIGHT
OF WAY UNE OF STATE ROAD N0. 5, A DISTANCE OF 883.75 FEET TO 1HE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST W1TH A RADIUS
OF 2924.93 FEEL THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND SAID WESTERLY RIGHT OF WAY UNE OF STALE ROAD N0. 5 THROUGH A
CENTRAL ANGLE OF 21'4749°, A DISTANCE OF 1108.47 FEET TO ANON-RADIAL INTERSECTION AND THE POINT CF BEGINNING OF THE CENTERUNE OF A
STRIP ~ LAND 12 FEET IN N7DTH, 1HE SIDELINES OF SAID STRIP LYING 6 FEET EACH SIDE OF SAID CENTERLINE AND TO BE EXTENDED OR SHORTENED
TO FORM ANGLE POINTS AND TO BEGIN AT SAID WESTERLY RIGHT OF WAY UNE OF STATE ROAD N0. 5; THENCE 5827000°W ALONG SAID CENTERLINE,
DISTANCE OF 56.D0 FEET; THENCE 504'26'00°E ALONG SAID CENTERLINE, A DISTANCE OF 20.00 FEET TO THE POINT CF TERMINUS OF SAID CENTERLINE,
THE SIDE LINES OF SAID S1RIP TO TERMINATE AT RIGHT ANGLES TO SAID CENTERLINE. A
CONTAMWG 912 SQUARE FEET MORE OR LESS.
GARY A. RAGER, P.S.M.
CERTIFICATE N0. LS 4828
CORPORATION N0. LB 560
STATE OF FLORIDA
JULY 3, 2008
THIS IS NO URVEY
M
BY
>Cm
~~ SEACOAST UTILITY AUTHORITY `~~ ~I1 ~IIUI~/
~
~J'
~f
w~ • WATER EASEMENT .~,9FOUP
Inc
~•
~., ~ „~a~R4~QSTVAWaAaa~,»m
M (YlJfb-IA>t • LAY (YIylV'0]U . tA~IYf,VmO.fd
R.O.W. RIGHT OF WAY
RPB ROAD PLAT BOOK
PB PLAT BOOK
PG PAGE
F.I.N.D. FLORIDA INLAND
NAVIGATION DISTRICT
VILLAGE OF NORTH PALM
BEACH GOLF COURSE
X22'18'51"
R=2924.93'
L=1139.14'
511'25'52"W
883.75'
~m^
a Zo
>~
a
~~~
N Vi ~
?~
SQUARE FEET
SN~~E'S 7h~pcogST
(~ a R~r~q A' 4N e 77 p~ 0 R~qy
Ok, 4i~T!gy QI'
POINT OF COMMENCEMENT
WESTERLY R.O.W. STATE
RD. N0. 5
POWT OF TERMINUS
POINT OF
SECTION 9
TOWNSHIP 42 SOUTH
RANGE 43 EAST
N
SCALE 1"=30'
Exhibit "A"
Page 2 of 2
LEGAL DESCRIPTION:
A STRIP OF LAND 6 FEET IN WIDTH LUNG WITHIN SECTION 9, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, THE CENTERLINE OF
SAID STRIP SING MDRE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY UNE OF STATE ROAD N0. 5 (US HIGHWAY N0. 1) AS MOWN ON THE STATE ROAD
DEPARTMENTS RIGHT OF WAY MAY AS RECORDED IN ROAD PLAT BOOK 2, PAGES 105 THROUGH 116, INCLUSIVE, OF THE PUBUC RECORDS OF PALM
BEACH COUNTY, FLORIDA AND THE SOUTHWESTERLY RICHT OF WAY LINE OF THE INTRACOASTAL WATERWAY AS SHOWN ON FLORIDA INLAND NANGATION
DISTRICTS RIGHT OF WAY MAP AS RECORDED IN PLAT BOOK 17, PAGE 10 OF SAID PUBUC RECORDS; THENCE SI1'25'S2"W ALONG SAID WESTERLY PoGHT
OF WAY UNE OF STALE ROAD N0. 5, A DISTANCE aF 863.75 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST WITH A RADIUS
OF 2924.93 FEET; 1HENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND SAID WESTERLY RIGHT OF WAY UNE OF STATE ROAD N0. 5 THROUGH A
CENTRAL ANGLE OF 2276'51", A DISTANCE OF 1139.14 FEET TO THE POINT DF BEGINNING OF THE CENTERLINE OF A STRIP OF LAND 6 FEET IN WIDTH,
THE SIDELINES OF SAID STRIP LYING 3 FEET EACH SIDE OF SAID CENTERUNE AND TO BE EXTENDED OR SHORTENED TO FORM ANGLE POINTS AND TO
BEGIN AT SAID WESTERLY RIGHT OF WAY LINE OF STATE ROM N0. 5; THENCE N72'43'27"W ALONG SAID CENTTRUNE, A DISTANCE OF 63.46 FEET TO THE
POINT OF TERMINUS OF SAID CENTERLINE, 1HE SIDE UNES OF SAID STRIP TO TERMINATE AT RIGHT ANGLES TO SAIp CENTERLINE.
CONTAINING: 381 SGUARE FEET MORE OR LESS.
GARY A. RAGER, P.S.M.
CERTIFICATE N0. lS 4828
CORPORATION N0. LB 6603
STATE OF FLORIDA
AUGUST 15, 2008
S
H ~
c0
T.
1 GATE
SCALE
CAO HIE
PHO~EOT ®/13P/ODS
I'~]D'
s a„n,ig
owls OEOAIY Hl0.P. ~crom
vwa9 H HR.ara rm
aYMN?WY. elsPOS9
var. ua® w® Na
aum n w e[mmen
9.N,6bR Ntl
bB NO. OPAYAI SNfT ,~ ~v,
D3045.38 tHCC~ uPArta H~muv apn. m
Y:~BId Prokela
SEACOAST UTILITY AUTHORITY
ELECTRIC EASEMENT ~~.'~'~ 9mndi01~`°
®f ~~~e ~p~inc.
Opl B9AQPS BVD, Y91 PNY FAtlr MOYA SW
,tl (YIIl611N. fAY (A/99.1]-01W'AIIOfAYTQNP.fW
8 1S 2(108 4:Ik09 PN mT