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2009-15 FPL Utility Easement at Anchorage ParkRESOLUTION 2009-15 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A UTILITY EASEMENT IN FAVOR OF FLORIDA POWER AND LIGHT RELATING TO THE ANCHORAGE PARK IMPROVEMENTS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in connection with the construction of the improvements at Anchorage Park, the Village, the Village's project engineer and Florida Power and Light ("FPL") have determined that it is necessary to reroute the power lines to the newly constructed park from the south side of Anchorage Park to the north side; and WHEREAS, FPL requires the execution and recordation of a utility easement as a condition to installing the necessary underground electric facilities to provide such service; and WHEREAS, the Village Council determines that the execution of this easement 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 the Utility Easement in favor of Florida Power and Light attached hereto as Exhibit "A" and incorporated herein by reference and authorizes the Mayor and Village Clerk to execute the Easement on behalf of the Village. Section 3. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 26th DAY OF FEBRUARY, 2009. (Village Seal) ~' ATTEST: , MAYOR _~~~~ ~~~ VILLAGE CLERK r~ ~J Prepared by: Leonard G. Rubin, Esquire C F ICI 2 (7 to 9 0 0 7 416 b Leonard G. Rubin, P.A. O R B fti '~~. 31 t7J 9 P G !ZJ 8 ~ 0 701 Northpoint Parkway, Suite 209 West Palm Beach, FL 33407 RECORDED 03/05/2009 08:21:46 Palm Beach County, Florida AHT 10.00 Doc Stamp 0.70 UTILITY EASEMENT Sharon R. Hock, CLERK b COMPTROLLER Pgs 0890 - 891; (2pgs) The Village of North Palm Beach, 501 U.S. Highway One, North Palm Beach, FL 33408, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grants and gives to Florida Power and Light Company, its licensees, agents, successors and assigns, an easement for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage of and remove such facilities within an easement ten (10) feet in width described as follows: See Sketch and Legal Description attached as Exhibit "A" Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communication purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent it has the power to grant, the rights hereinabove granted on the land heretofore described, over, along and under and across roads, streets or highways adjoining or through said property. IN V~/ITNESS WHEREOF, the Village of North Palm Beach has executed this instrument on f,E lllld~,~ d T , 2009. Signed, sealed and delivered in the presence of: ~. Print Name: Print Name Village of North Palm Beach, Florida By: William Manuel, ayor Attest: ~- elissa Teal, Village Clerk [Seal] State of Florida and County of Palm Beach. The foregoing instrument was acknowledged before me this a7 ~ day of Fe,~rua ~~, 2009 by William Manuel and Melissa Teal, as Mayor and Village Clerk of the Village of North Palm Beach, a Florida municipal corporation, who are personally known to me or have produced as identification. My commission expires: /rjf}2 y~0~~ CHRISTINE A WILCOTT ~°;~v PUe'c~': Notary Public -State of Florida • c My Commission Expires Mar 4, 2012 ' ,. `~:~ Commission f; DD 751329 ~' E °F "~ ~` Raided Through National Notary Aaan. ~~ Notary Public Print Name: C l1 r. s-1,~,C A-. ~,~ ~c o EXHIBIT ("A") Survey and Easement for Anchorage Park Improvement Project POINT OF COMMENCEMENT. EAST WARIER SECTION CQRNER aF SECitON i7, TOWNSHfP 42 SOUTH, RANGE 43 EAST ISE CORNER 1t~23 NE CORNER TRACT 'A' _ S01'3i'09'W N8828'51'W - 40.00' 0 0 O ~'~/ L ti VILLAGE OF NORTH PALM PEAC ~~ PLAT N0. 1 TRACT "A" N / P.B. 24, PG. 202 ~~~ ~ o o ~~J , o ~ \~ ~~~~y \ ~ ~5° GRAPHIC SCALE ~ ~ , , 0 150' 225' 300' ~~ ~ TRgCr ,, p~ ?oa B ~~ SCALE:1 "=150' ~ ~\ SKETCH OF DESCRIPTION %. Ills C \\ ~~~ \. THIS IS tdOT A SURVEY FOR: VILLAGE OF NORTH PALM BEACH ANCHORAGE PARK SCALE: ~ ~~.150' oRAwN eY: STAFF CHECKED BY: J.C.D. °A~~ 02.09.2009 I A, Higher Si ndard o~ Erce6lence ~~~~ ~4~ P°~l~ ~~I~Co i2Gi E:l`•:CE.~iE eCa~. ,•,:si Pa>'n eEAvN, FLCz~~^a 334CS FFI (;5i;c55-305! • Fax (551)832-?3?0 • tsrf:LEt:LT!:a:dYi:BC';iP.C~4. FIELD BOOK N° SHEET: 1/ 2 JOB N° FLO~Q9 R.L.S. 9022_01 Y:\Land Projects R2\03045.21\dwg\9022_01.dwg 2/9/2009 11:20:50 AM EST A PARCEL OF LAND LYING WITHIN TRACT "A" AND TRACT "B",AS SHOWN ON THE VILLAGE OF NORTH PALM BEACH PLAT N0. 1 AS RECORDED IN PLAT BOOK 24, PAGE 202 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 17, TOWNSHIP 42 SOUTH, RANGE 43 EAST AND BEING 10 FEET IN WIDTH, AND LYING 5 FEET ON BOTH SIDES OF THE FOLLOWING DESCRIBED LINE; COMMENCE AT THE EAST QUARTER SECTION CORNER OF SECTION 17, TOWNSHIP 42 SOUTH, RANGE 43 EAST; THENCE SOUTH 01'31'09" WEST ALONG THE EAST QUARTER SECTION LINE OF SAID SECTION 17, A DISTANCE OF 198.79 FEET; THENCE LEAVING SAID EAST QUARTER SECTION LINE OF SAID SECTION i7, NORTH 88'28"51' WEST, A DISTANCE OF 40.00 FEET TO THE SOUTHEAST CORNER OF LOT 23 AND BEING THE NORTHEASTERLY CORNER OF TRACT "A" AND BEING A POINT ON THE WESTERLY RIGHT OF WAY LINE OF ANCHORAGE DRIVE, ALL AS SHOWN ON VILLAGE OF NORTH PALM BEACH PLAT N0. 1 AS RECORDED IN PLAT BOOK 24, PAGE 202 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID TRACT "A" AND THE WESTERLY RIGHT OF WAY LINE OF ANCHORAGE DRIVE, SOUTH 01'31'09" WEST, A DISTANCE OF 0.85 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE, S82'S0'38"W A DISTANCE OF 91.11 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, AND HAVING A RADIUS OF 202.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43'24'51", A DISTANCE OF 153.06 FEET TO THE POINT OF NON-TANGENCY; THENCE S59'45'22"W A DISTANCE OF 153.07 FEET; THENCE S89'15'37"W A DISTANCE OF 244.12 FEET; THENCE S23'30'32"W A DISTANCE OF 218.83 FEET; THENCE S21'S7'22"W A DISTANCE OF 264.19 FEET; THENCE S63'40'26"E A DISTANCE OF 336.35 FEET; THENCE S22'34'S1 "W A DISTANCE OF 40.68 FEET; THENCE S67'35'02"E A DISTANCE OF 256.12 FEET; THENCE S65'33'55"E A DISTANCE OF 229.20 FEET TO THE POINT OF TERMINUS; SAID POINT OF TERMINUS BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SOUTHWIND DRIVE AS RECORDED IN PLAT BOOK 24, PAGE 202 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE BOUNDARY AND ASBUILTS SURVEY REPRESENTED HEREON COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS, AS SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT 70 SECTION 472.027 FLORIDA STATUTES. NOTE: 1. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 2. THE SURVEY IS BASED ON INFORMATION FURNISHED BY CLIENT OR CLIENTS REPRESENTATIVE. 3. THIS SURVEY IS NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. STATE OF lB 6603 SKETCH OF DESCRIPTION VILLAGE OF NORTH PALM BEACH SCALE: 1 "=150' oRAWN BY: STAFF CHECKED BY: J.C.D. °A~~ 02.09.2009 THIS IS `NOT iA 'SURVEY - ANCHORAGE ~~ARK ~~~ A Higher Standard of Excellence y' ChGigECNS • SJR6CYORS • GiS RfAFPERS gl ~U~ ~ ~1 ilJ. 1201 fi£LtcOERE ROAD, u£SF PAVd REACH. ftO7DA 13405 PH (561)655-1151 ~ iAX (551)912-9390 ~ G't5Y7.EKGEWUITYCROllP.CQJ FIELD BOOK N° SHEET: 2/ 2 JOB N° FLO131Q9 R.L.S. 9022_01 Y: \Land Projects R2\03045.21\dwg\9022_Ot.dwg 2/9/2009 11:20:50 AM EST