1999-049 Drainage Easement Granted to NPB by WCI•
SOLUTION NO. 49-99
A RESOLUTION OF THE VII,LAGE COUNCIL OF THE
VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING
AND ACCEPTING THE GRANT FROM WCI COMMUNITIES,
INC., OF A PERPETUAL NON-EXCLUSIVE DRAINAGE,
INGRESS AND EGRESS EASEMENT FOR THE PURPOSE OF
DRAINING AND DISCHARGING SURFACE WATERS AND
INGRESS AND EGRESS OVER, ACROSS AND UPON THE
LANDS DESCRIBED IN THE GRANT OF EASEMENT
ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does
hereby approve and accept the grant from WCI Communities of a perpetual non-exclusive drainage,
ingress and egress easement for the purpose of draining and discharging surface waters and ingress
and egress over, across and upon the lands described in the Grant of Easement attached as Exhibit
„A„
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS _ DAY OP AI IGUST , 1999.
(Village Seal) Q
MAY R
ATTE T: (y~~
VILLAGE CLERK ~
TIIIS INSTRUMtiNT PREPARED BY:
ELEANOR W. TAFT, ESQUIRE
RECORD AND RETURN TO:
RODERT N. DEFORD
WCI COMMUNITIES, MC.
JJ00 VNIVERSITV DRIVE
• CORAL SPRMGS. FLORIDA JJO63
PROPERTY CDN(RDL NO. 68 O Q OB 00 000 I Oro
GRANT OF EASEMENT
THIS GRANT OF EASEMENT, made this ~~day of A Lr - r T , 1999, by WCI
COMMUNITIES, INC., a Delaware corporation, successor by merger of WCI Communities
Limited Partnership into Florida Design Communities, Inc., a Delaware corporation, having a place
of business at 3300 University Drive, Coral Springs, Florida 33065 (hereinafter called
"GRANTOR") to VILLAGE OF NORTH PALM BEACH, a local unit oC special government
and public corporation of the State of Florida whose post office address is 501 U. S. Highway One,
North Palm Beach, Florida 33408 (hereinafer called "GRANTEE").
WITNESSETH:
WHEREAS, GRANTOR is the owner of the land described on Exhibit "A" (the
"GRANTOR LAND") affixed hereto and made a pan hereof by reference as if fully set forth
hereat and
WHEREAS, GRANTEE is the owner of the land described on Exhibit "B" (the
"GRANTEE LAND") affixed hereto and made a part hereof by reference es if fully set forth hereat,
and
WHEREAS, GRANTEE, its successors end assigns, have need for a drainage easement
over, under, across and through the GRANTOR LAND; end
WHEREAS, GRANTOR is willing to grant anon-exclusive drainage easement to
GRANTEE.
NOW, THEREFORE, in consideretion of the sum of TEN DOLLARS (510.00) end other
good and valuable consideration, the receipt of which is hereby acknowledged by GRANTOR, the
undersigned, GRANTOR does hereby grant unto GRANTEE, its successors and assigns, and all
subsequent owners of the GRANTEE LAND and any portion thereof, a perpetual non-exclusive
drainage, ingress and egress easement (the "EASEMENT") for the purpose of draining and
discharging surface waters and ingress and egress over, under, across and upon the land described
on Exhibit "A".
GRANTEE by acceptance of this EASEMENT agrees for itself, its successors and assigns,
to comply with applicable local, state and federal water quality standards for stortnwater drainage
discharge over, upon, under or through GRANTOR LAND and agrees to remedy any violations
thereof.
GRANTEE by acceptance of this EASEMENT, agrees for itself, its successors and assigns,
to repair and/or replace any roadway, sidewalks, landscaping or other areas which it may disturb,
damage or destroy by exercising its rights herein on, upon, or under the GRANTOR LAND.
GRANTEE further agrees not to interfere, at any time, with the right of ingress or egress of
GRANTOR, its successors or assigns, or any other party requiring access to any of the GRANTOR
LAND.
SUBJECT TO easements, restrictions, covenants, conditions, limitations and reservations
of record, if any.
• THIS EASEMENT and Covenants contained herein, including all benefits and burdens, are
not personal, but shall run with the land and shall be binding upon and inure to the benefit of the
parties hereto and their transferees, successors and assigns.
1 oft
TO HAVE AND TO HOLD the EASEMENT hereby granted unto said GRANTEE, its
successors and assigns, so long as this easement is used for the purposes stated herein (and for no
other purpose).
IN WITNESS WfiEREOF, the GRANTOR has caused these presents to be executed in its
name, by its undersigned duly authorized otTicers and corporate seal duly atTixed hereto, the day
and year first above written.
C
nn[ Name: !l1I4 C--C ~-
GRANTOR:
WCI COMMUNITIES, INC., a Delaware corporation
BY:~ KL~~~
LLB ~'
Print Name: Rog a o-~_
STATE OF FLORIDA )
ss:
COUNTY OF BROWARD )
Armandbl.G/Enaga
Senior Vice president
Address: 3300 University Drive
Coral Springs, FL 33065
The foregoing instrument was acknowledged before me this 17th day of
august 1999 by ARMANDO J. GOENAOA, Senior Vice President of WCI
COMMUNITIES INC., a Delaware corporation, on behalf of the corporation. He is personally
known to me.
My Commission Expires:
7/12/2001
OFFlC AL OI'ARYShAL
PATRICIA M CRAIG
NOTARY PInILIC SPATE OF FlARn)A
COMMKSION NO. CC657975
MY COMMl5510N E%P. ULY IT I
U tl~MCt(v m' G~Mti'
Notary Public Patricia M. Cr~a-ig
Commission No. CC657975
[Notary Seal]
2of2
\~
LEGAL DESCRIPTION
A parcel of land situate in Section 8, Township 42 South Range 43 Eost, Palm
8eoch County, Florida, being more particularly described os follows
Commencing of the southeast corner of the Plot of SANCTUARY COVE os recorded
in Plal Book 75, popes 150 and 151, Public Recorda of Polm 8eoch County Florida:
21.59 efeelnlo tlhe oortthwestrcor e~trof that d~o ~Oge e~osementideeaib d81n20flciolRea
Book 9697, vage 1546, Public Records of Polm 8eoch County, Florida and the POINT
BEGINNING: thence N01. 34'32"E for 40.00 feet to o point 40 00 feet North of, os
measured of right angles to, the South line of said Plol of SANCTUARY COVE: thence
alone o line oarollel to sold south line S88. 25'2 "
05' 17'16", for 46.61 feet to 0
angles to, the East line of lht
line N02.17'S6"E for 468.39
southeast, having o radius of
curve, through o cenlrol angle
40.00 feet South of the Nort
east yuorter of said Section I
1003.95 feet to o point on tf
WATERWAY os recorded in PI
Floridan thence along said wee
oint on o line 120.00 feet Si
Pne of the South half of the I
deporting said westerly riyht-
lor 1038.37 feet: thence 546
Eosl of, os measured of right
COVE: thence porollelto sold ~~
curvature of o curve contour
southerly along the arc of sa
~ radius of SOS.OOBfeet andl fomf ewhich c prodiol line bears
y otonq the ore of sold curve, through a cenlrol angle of
point on o line 40.00 feet East of, os measured of right
soil Plot of SANCTUARY COVE: thence porollelto said Easl
feet to 0 oint of curvature of o curve concave to the
95.00 feet: thence northeasterly along the arc of said
of 89. 12'04", for 147.90 feet tyo a point on o line
h line of the South half of the North half of the norlh-
S: thence porollel to said North line 586.30'00"E for
~e westerly righl-of-way line of the INTRACOASTAL
of Book 17, page 10, Public Recorda of Patm Beach County,
terly right-of-way line 523.01'01"E for 87.93 feel to 0
>uth of, as measured of rlyht ongtes to, the said North
forth half of the northeast quarter of Section 8: thence
of-way line and Dorollel with sold North line N88. 30'00"W
'53'58"W /or 24.00 feet to 0 Doint on c line 720.00 feet
ongqlea to, the Eosl line of said Plal of SANCTUARY
=ast line 502.17'56"W for 466.33 feet to o point of
to the East havlnq o radius of 425.00 feet: thence
:urve, ihrouph o centralangle of 10.13'06", for
for 65.57 feet to a point of curvolure of o curve
ldius of 230.00 feet: thence southerly alongq the arc of
e of 34.47'49",for 139.68 teet:lhence 526.52'39"W
21"W for 44.76 feet to 0 olnt of curvolure of o curve
o radius of 337.00 feet: thence northwesterly along the
tralanyle of 06.00'09", for 35.30 feel to o non-
for 516.10 feel to o point of curvolure of a curve
rdius of 150.00 feel: thence northerly olonyq the arc of
e of 34.47'49", for 91.10 feel: thence N07.55'10"w
+otura of o curve concave to the Eost having a radius
along the arc of said curve, through o centrolongle
o point on the North line of the South half of the
B: thence along said North line N88. 25'28"W for
for 20.00 feet to the northeast corner of the aforesaid
~ the said easterly prolongolion of the south line of
ence along said easterly proton otion N88. 25'28"W f
concave to the West having o
said curve, through o cenlrala
for 514.25 feet: thence N63'E
concave to the southwest hov
arc of Said Curve, through a c
tangent line: thence N26 52'39
concave to the Wesl having o
said curve, through o centrola
for 65.57 feel to a point of c
of 505.00 tech thence norther
of 02.39'00", for 23.36 feet ~
northeast guar ter of said Secl
3.07 feet: thence 501.34'32"V
20.00 feet to the POINT OF BEGINNING. 9 or
Containing in 011789,305 square feel or 4.346 acres, more or less.
SURVEYOR'S NOTE'S
1. THIS DRAWING IS NOT A SURVEY.
2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE.
3 THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE
COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID
-UNLESS 80TH ACCOMPANY EACH OTHER.
4. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER
EMPLOYED BY LIOBERG LAlJD SURVEYING, INC.
5. DATE OF L'cGAI- DESCRIPTION JUNE 15, 7998
LIOBERG LAND SURVEYING, INC.
~~'
y~~` DESCRIPTION d SKETCH FOR:
_
,~
RICHA?.D J. WILKIE NCI COY1dUN[TIES, INC.
(DRAINAGE EASEMENT FROId)
PROFESSIONAL SURVEYOR AND MAPPER (THE COMMUNITY CENTER TO)
FLORIDA CERTIFICA'iE N0. 5327 (TRACT "0", HARBOUR ]SEES)
_; LIDBERG LAND FLO._ Joe FB._ Pc_
AS-594l303G/
SURVEYING INC. OFF. DATE owc.
LB4431 R.W. GG//5/9B A%-594P
675 West indiontown Rood.
SUITE 200. Jupiter. Florldo 33458 CKD. REF. SHEET OF
TEL. 561-746-8454 OGL 96594303Almsl / 2
Exhibit "A"
NORTH LINE -SOUTH HALF -
NORTH HALF -NORTHEAST
• NORTHEAST CORNER TOWNSEMiIP 42ESOUTHB--
COF SIWCTUARY COVE
\ RANCE 43 EAST 523•
n
jOar
UN
L'- Q
oa
~~
ro
a
~/~~
N 07.65'10"W~
85.57'
L •91.10'-~
e •34.47'49"
R 150.00'
ti
a
~ N83.07'21"W
44.78'
L -35.30'
e •08.00'08"
R 337.00'
523•
WESTERLY RIGHT-OF-WAY-~
LINE OF THE INTRACOASTAL
WATERWAY PER
<P.B. 17, PACE K))
-L •48.81'
e -05.17'18"
R 505.00'
1.00'40"E IR.B.>
L
~ •75.80'
•10.19'08" roo So ~ o
100
3 - 425.00' -""--"
,
L •29.98' GRAPHIC SCALE 1N FEET
e ~
-oz•a9'oo"
R 505.00'
-S07.55'10"C'
8b
57' NORTH LINE -SOUTH HALF
. -NORTHEAST pUARTER
SECTION 8 -TOWNSHIP 42
RANCE 43 EAST
/%" 580.26'28"E
~~~ N01.34'32"E- 21~NOg•25.28"W
_ 40:00' 9 7
501.34'32"W
20'DRNNAGE EASEMENT P.O.B. 20.00'
/O.R.B. 9697, PAGE 1546) N88.25'28"W
20.00'
ABBREVIATIONS
O.R.B. • OFFICIAL RECORD BOOK
P.0.8. • POINT OF BEGINNING
P.O.C. • POINT OF COMMENCEMENT
R.B. • RADIAL BEARING
• ~, LIDBERG LAND FLD.-
SURVEY/NG INC. DFF,
LB4431 R.W.
675 West lndiOntown Rood.
SUf TE 200. Jupiter. Florld0 33458 CKO.
TEL. 561-746-8454 _ D.CL
F8. PG.
DWC
A55-594P
SHEET OF
2 1
C~
LANDS OF THE VILLAGE OF NORTH PALM BEACH
A parcel of land situate in Section 8, Township 42 South, Range 43 East, Palm Deach
County, Florida, being more particularly described es follows:
Commencing at the southeast comer of the Plat Of SANCTUARY COVE, as recorded in
Plat Book 75, pages 150 and 151, public records of Palm Beach ,Florida; thence along the
easterly prolongation of the South line of said Plat, South 88°25'28" East for 47.46 feet to a
point on a curve concave to the East, having a radius of 505.00 feet and from which a radial line
bears North 82°26'20" East; thence southerly along the arc of said curve, through a central angle
of 00°21'30", for 3.16 feet; thence South 07°55' 10" East for 65.57 feet to a point of curvature of
a curve concave to the West, having a radius of 150.00 feet; thence southerly along the arc oC
said curve, through a central angle of 34°47'49", for 91.10 feet; thence South 26°52'39" West for
456.64 feet; thence North 88°10'34" West for 209.1 S feet to a point on the East line of a parcel
of land described in Official Records Book 3442, Page 1431, public records of Palm Beach
County, Florida; thence along said East line North 26°42'48" East for 628.05 feet to a point on
the aforesaid South line of the Plat of SANCTUARY COVE; thence along said South line, South
88°25'28" East for 91.06 feet to the POINT OF BEGINNING.
TOGETHER WITH:
A parcel of land in the Northeast Quarter of Section 8, Township 42 South, Range 43
East ,Palm Beach County, Florida, being more particularly described as follows:
Commencing at the Southwest comer of said Northeast Quarter; thence South 89°46'53"
East, along the South line of said Northeast Quarter, (the South line of said Northeast Quarter is
assumed to bear South 89°46'53" East and all other bearings are relative thereto) a distance of
lOS.0 feet to a point on the East Right-of--Way line of Prosperity Farms Road; thence North
00°35'37" East along said East Right -oC--Way line, a distance of 729.74 feet to the POINT OF
BEGINNING of the hereinafter described parcel; thence continue North 00°35'37" East along
said East Right-of--Way line a distance of 584.55 feet to a point on a line 20.0 feet South oC, when
measured at right angles to, and parallel with the North line of the Southwest Quarter of the
Northeast Quarter of said Section 8; thence South 89°58'27" East, along said parallel line, a
distance of 876.61 feet to a point; thence South 25°12'15" West parallel to the West Right-of-
Way line of the North Palm Beach Waterway as shown on the Plat of GOLF COURSE
ADDITION NO. 2, VILLAGE OF NORTH PALM BEACH, as recorded in Plat Book 28, Page
67, Public Records of Palm Beach County, Florida, a distance of 652.51 feet to a point on the
Easterly prolongation of the North Right-of--Way line of Bums Road, as described in Official
Record Book 1241, Pages 259 and 260, Public Records of Palm Beach County, Florida; thence
North 89°24'23" West, along said prolongation a distance of 604.83 feet to a point on said East
Right-of Way line of Prosperity Farms Road end the POINT OF BEGINNING.
•
Exhlblt "B"
CONSENT OF MORTGAGEE
• Regarding
Grant of Easement
Village of North Palm Beach-Harbour Isles Project
KNOWN ALL MEN BY THESE PRESENTS:
BANKBOSTON, N.A., as agent for the Banks, Mortgagee in that certain Consolidated, Amended and
Restated Mortgage and Security Agreement and Notice of Future Advance dated as of June 29, 1999 and recorded in
Official Records Book 29652, Page 0027, of the Public Records of Broward County, Florida (the "Mortgage"), which
Mortgage constitutes a lien upon the real property described in the foregoing Easement (the "Easement"), hereby
consents to WCI Communities, Inc., a Delaware corporation, granting the foregoing Grant of Easement to the Village
of North Palm Beach and agrees that the lien and encumbrance of the Mortgage shall be subordinate to the Easement.
The subordination set forth herein is limited strictly to the rights created by the easement in favor of the
Village of North Palm Beach, its successors and assigns and this subordination shall not constitute a subordination
to the rights of any other person or entity that holds any interest in the Easement property.
Dated this /~ day of uJ'~ 1999.
Witnesses:
1' / ,/]~.
'T
Printed Name~J:1 .t~ ~ ~
~~~~--X~~ ~~~ru~
Printed Name: ~pp~~ ~, n~~/,'~S
STATE OF GEORGIA
COUNTY OF _ ~ tr ~/A /~ ~J
BANKBOSTON, N.A., a
national banking associati.~ gent
Byc_ ~JQ
Printed Name: ~~liiti/ ~ JE~6p
Its: Direvfor
The f re ing instrument was acknowledged before me this /~ FL. day of ~ u,~ Gc 5 r , 1999 by
SSA) -~ ~6~ /3 U as AI ~ e c ryr~ of BankBoston, N.A., who is ersonall
known to me or who produced as identification. -' p ---- y
~~rA~N~ai~~~t.
Cheryl Geoffrion
Notary Public State of Georgia
My Commission Exp. April 30, 2000
•
Notary Publi
Prtnted Name of Notary Public
Page 1 of 1
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