1958-47 Accepting an Offer to Dedicate North Lake, Plat 3Page 52
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RESOLUTION #1~7
A RESOLUTIOtd OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
PALM BEACH COUNTY, FLORIDA, ACCEPTING AN OFFER TO DEDICATE CERTAIN LAKES OR
I WATERWAYS WITHIN THE VILLAGE. -
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WHEREAS, Northlake Properties has, on Plat #3 of the Village o£ North _
I Palm Beach, which said plat was recorded in the Public Records of Palm Beach
~I County, Florida, in Plat Book 25 at pages 175 and 176, offered to dedicate to the
V311age o£ North Palm Beach for the use and benefit of its residents and ~aizens~ a
certain Lake, owned by them and more particularly shown on said Plat, subject to the - -
same terms and conditions as stated in a certain offer to Dedicate Canals, said
instrument being recorded in Official Record Book 6 at page 393, Public Records of
Palm Beach County, Florida, a copy of which is attached to this resolution; and
li WHEREAS, it is to the best interest and benefit of the Uil]a ge of North
Palm Beach and its residents and citizens at "large, that the offer to dedicate as
contained in said Plat #f3 be accepted by the Village of North Palm Beach, subject
to the terms and conditions of the instrument attached hereto;
NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF
~ THF, VILLAGE OF NORTH PALM BEACH, FLORIDA:
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1. That the Village of North Palm Beach does hereby accept the said offer
to dedicate the Lake as depicted on the Village of North Palm Beach Plat #3 subject
to the same terms and conditions as expressed in the instrument attached to this
Resolution and being entitled Of:Fer to Dedicate Canals.
2. That the Village of North Palm Beach does hereby expressly agree to
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maintain said Lake as an integral part of the drainage system of the Village and
ifor the use and benefit of its residents as expressed in the separate instrument attached
hereto.
3. That the Mayor and Village Manager be and they are, hereby authorized to
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do all acts and execute all instruments appropriate or necessary in carrying out the terms
of said offer.
PASSED AND ADOPTED this 23rd day of September, 1958.
(SEAL)
ATTEST:
~~~.1tww~ `~C`.~eay.
• Ili `pillage Manager
ayor
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Page 53
OFFER TO DEDICATE CANALS
To: Village of North Palm Beach, a municipal corporation organized and existing under
' and by virtue of the laws o£ the State of Florida.
The undersigned, Pdorth Palm Beach, Inc., a corporation organized and existing
under the laws of the State of Florida, hereinafter referred to as the grantor, makes
the hereinafter stated offer to dedicate to the above named Village of North Palm Beach,
' a municipal corporation hereinafter referred to as the grantee, certain canals, as
descrobed herein, subject to the terms and conditions stated below:
WHEREAS, the grantor is the owner of the fONorth Palm Beach Waterway", 'tAzure
Lagoon", "Blue Lagoon" and "8ora1 Lagoon", as delineated upon and described in Plat
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of the Village of North Palm Beach, Plat #1, according to the Plat thereof recorded in
P18t Book 2Lt at pages 202 through 206 inclusive, Public Records of Palm Beach County,
Florida, and
WHEREAS, the grantor is desirous of dedicating the said waterway and lagoons
to the Village of North Palm Beach, subject to such regulatory ordinances as may be
enacted by the grantee and subject to the terms and conditions stated below.
NOW THEREFORE, the grantor does hereby offer to dedicate said waterway and
lagoons to the grantee subject to the following terms and conditions:
1. The waters of said waterway and lagoons shall be subject to the joint
and several uses of the present and future owners o£ lots shown on said Plat ~/1
of the Village of North Palm Beach and said present and future owners shall have
the right in favor of themselves, their families, their tenants and their guests to
full access, use and enjoyment of said waterway and lagoons for purposes of swimming,
boating, fishing and other lawful purposes and uses which may be exercised without
committing a trespass upon the lot or property o£ other owners within the said Plat
and which does not result in the creation of a nuisance tb other lot or property owners
within said Plat; PROVIDED, however, that said access, use and enjoyment shall not
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be exercised for arry commercial purpose or for ax~y purpose of obtaining profit.
2. The said waterway and lagoons shall be considered as an integral part
of the drainage system of the area and shall therefore be subject to use for drain-
' age of adjacent areas and the grantee is hereby granted full and complete right and
authority to enter upon said waterway aiad lagoons for the purpose of cleaning of, and
proper maintenance of said waterway and lagoons.
3. The owners of lots abutting on the said waterway and the owners of lots
abutting on said lagoons shall have the right to erect, build, install or construct tie
' poles, dolphins, mooring piles, docks and piers in the waters of said waterway and lagoons
abutting their respective lots; PROVIDED, that no dolphin, mooring pile or tie pole shall
be placed more than 20 feet beyond the bulkhead and no dock or pier shall extend more
than 15 feet beyond the bulkhead. And PROVIDED FURT;LER, that no boat canal or other
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excavated into any of the waterfront lots and no lot or parcel
waterway shall be dug or
shall b® increased in size by filling in the waters on which it abuts. The grantee is
Page 54
OFFER TO DEDICATE CAYdALS cont'd
hereby granted the full right to enforce, by ordinance or otherwise, the provisos
contained in this paragraph.
4. This offer is also subject to the condition that the Village of North
Palm Beach accept this offer by written resolution and thereby agree to maintain
the said waterway and lagoons as an integral part of the frainage system of the
Village and for the use and benefit of its residents and citizens as herein set
forth.
5. The waters of said waterway and lagoons may also be used by all of the
residents and citizens of said village of North Palm Beach subject, however, to all
of the terms and condition herein stated.
IId WITNESS S~IHEREOF the undersigned, North Palm Beach, Inc. has executed
this offer to dedicate subject to all the provisions hereof this 3rd day of January, 1957.
NORTH. PALM BEACH, INC.
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Signed, Sealed and Delivered
in the presence of:
Eugene F. Bie
Grover C. Herring
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
By Richard E. Ross
President
Attest:
Herbert A. Ross
Secretary
I HEREBY CERTIFY, That on this 3rd day of January, A.D.1956 before me
personally appeared RICHARD E. ROSS and HERBERT A. ROSS, President and Secretary
respectively of NORTH PALM BEACH, INC. a corporation under the laws of the State of
Florida, to me known to be the persons described in and who executed the foregoing
offer to dedicate to VILLAGE OF NORTH PALM BEACH and severally acknowledged the
execution thereof to be their free act and deed as such officers, for the uses and
purposes therein mentioned; and that they affixed thereto the official seal of said
corporation, and the said instrument is the act and deed of said corporation.
WITNESS my signature and official seal at West Palm Beach in the County of
Palm Beach and State of Florida, the day and year last aforesaid.
Eugene F. Bie
Notary Public
N{y Commission expires: 9/30/60
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(SEAL)