R2023-38 Easement Deed in favor of Seacoast Utility AuthorityRESOLUTION 2023-38
A RESOLUTION OF, THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING AN EASEMENT DEED IN
FAVOR OF SEACOAST UTILITY AUTHORITY OVER A PORTION OF
ANCHORAGE PARK FOR SEWER IMPROVEMENTS AND AUTHORIZING
THE MAYOR AND VILLAGE CLERK TO EXECUTE THE EASEMENT ON
BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Seacoast Utility Authority has requested an Easement Deed over property located in
the southernmost portion of Anchorage Park adjacent to the tennis courts for the installation and
maintenance of twelve -inch force main to transport sewage from its eastern service area to the
wastewater treatment plant and for other improvements; and
WHEREAS, the Village Council determines that the adoption of this Resolution 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 an Easement Deed in favor of Seacoast
Utility Authority over a portion of Anchorage Park, a copy of which is attached hereto and
incorporated herein by reference, and authorizes the Mayor and Village Clerk to execute the
Easement Deed on behalf of the Village.
Section 3. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS 17TH DAY OF MAY, 2023.
�ORT'%y�oJe&
ATTEST:
VILLAGE CLERK
Prepared By:
Laura Laura H. Niemann
Seacoast Utffity Authori '6 y�1� °M 3 7 ; 812
4200 Hood Road t5` O�'4..t.�ll'S. �'���..''�.� ��
Palm Beach Gardens, F133410 R: ;i'13RX-1 Ell Y,25.Q023 25-4 PLY
EASEMENT DEED �'�� : 812 -
THIS EASEMENT DEED made and entered into this day of M CA` 2023, between the
Village of North Palm Beach, a Florida municipal corporation, (hereinafter referQ to as "Grantor") whose
address is 501 US Highway One, North Palm Beach, Fl, 33408 and Seacoast Utility Authority (hereinafter
referred to as "Grantee") whose address is 4200 Hood Road, Palm Beach Gardens, Florida 33410
WITNESSETH:
That Grantor, for and in consideration of the sum of Ten Dollars ($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 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 EXHIBIT "A", ATTACHED HERETO
AND MADE A PART HEREOF
Grantor shall not 'grant additional easements or similar interests in, on, over, under, or across said
easement premises without Grantee's prior written consent, which will not be unreasonably withheld.
Neither Grantor, nor any other person claiming an interest through Grantor, 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, obstruction, improvement orimpediment 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 are prior in 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.
Should Grantee enter the easement to perform installation, operation, 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 of 4
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal as of the date
first above written.
WITNESSES:
GRANTOR:
Signed, sealed and delivered in the presence of:
Village of North Palm Bea Florida municipal
corporation
fitness Signature
tur
C%�(( ► S
Print Name
- lti� Ca 1�1
Print Name
Wi es Signature
�
S cc, C R - 4-C',
Print Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me b means fie' h sical presence or ❑ online
notarization this ay of C -Y aC g _, 2023, by � i 1 S , who is personally
known to me or who has produced
as identification.
Notary Signature
Pr' t e
N Public - �a�aRvgss Jessica J. Green
Commission No: NOTARY PUBLIC
My Commission Expires: o -STATE OF FLORIDA
Comm* GG951576
INCE I Expires 3/712024.
Page 2 of 4
DESCRIPTION & SKETCH
PREPARED FOR
CHEN MOORS
EASEMENT _EXHIBIT "All
FOR FORCE MAIN
LEGAL DESCRIPTION
A UTILITY EASEMENT LYING OVER AND ACROSS A PORTION OF TRACT "A", OF THE VILLAGE OF NORTH PALM BEACH
PLAT NO. 1 RECORDED IN PLAT BOOK 24, AT PAGES 202-206 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, SITUATED IN THE NORTHWEST QUARTER (NW1 /4) OF THE SOUTHWEST QUARTER (SW1 /4) OF SECTION 16
AND THE NORTHEAST QUARTER (NE1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 17, ALL IN TOWNSHIP 42
NORTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE RIGHT-OF-WAY INTERSECTION OF ANCHORAGE DRIVE AND
SOUTHWIND DRIVE, BEING THE MOST EASTERLY CORNER OF SAID TRACT "A" VILLAGE OF NORTH PALM BEACH PLAT
NO. 1, SAID POINT BEING ON A NON -TANGENT CURVE; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE
OF SAID TRACT "A", BEING THE NORTHWESTERLY RIGHT-OF-WAY LINE SAID SOUTHWIND DRIVE ALONG A CURVE
CONCAVE TO THE SOUTHEAST, SAID CURVE HAVING 'A RADIUS OF 390.00 FEET AND A RADIAL BEARING OF SOUTH
29'11'38" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05'47'21" AN ARC
DISTANCE OF 39.40 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID 390.00 FOOT RADIUS
CURVE SOUTHEASTERLY THROUGH A CENTRAL ANGLE OF 01'28'53" AN ARC DISTANCE OF 10.08 FEET TO A POINT
OF NON -TANGENCY; THENCE NORTH 43004'43" WEST, A DISTANCE OF 13.28 FEET; THENCE NORTH 65'34'49" WEST,
A DISTANCE OF 175.88 FEET; THENCE NORTH 20'34'56" WEST, A DISTANCE OF 37.08 FEET; THENCE NORTH
65'34'55- WEST, A DISTANCE OF 11.78 FEET, TO A POINT ON THE WEST LINE OF THE FOUNDATION PARCEL 43.12A
DESCRIBED IN OFFICIAL RECORD BOOK 9664, AT PAGES 1422 THROUGH 1428, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE NORTH 22'42'07 EAST, ALONG THE WESTERLY LINE OF SAID FOUNDATION PARCEL
43.12A, A DISTANCE OF 10.00 FEET; THENCE SOUTH 65'34'55" EAST, A DISTANCE OF 16.22 FEET, THENCE SOUTH
203456" EAST, A DISTANCE OF 37.08 FEET; THENCE SOUTH 65'34'49" EAST, A DISTANCE OF 173.73 FEET;
THENCE SOUTH 43'04'43 EAST, A DISTANCE OF 16.56 FEET TO THE POINT OF BEGINNING. CONTAINING 2407
SQUARE FEET OF LAND, MORE OR LESS.
SURVEYOR'S NOTES:
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 BOTH ACCOMPANY EACH OTHER.
4. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OR DIGITAL
SIGNATURE OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY LIDBERG LAND SURVEYING, INC.
5. DATE OF LEGAL DESCRIPTION: JANUARY 30, 2023
���n�rrrnrrr� ABBREVIATIONS:
LIDBERG LAND SURVEYING, INC. ��.�� B ���,��
'\\A . -'- -.UC '� (/P = AS SHOWN ON PLAT
Digitally signed byKenne��J l )
JBuchanan D.B. = DEED BOOK
Kenneth DN: c=US, o=LIDBERG,o %v LS7202 F -p •2-y *, O.R.B. OFFICIAL RECORD BOOK
SURVEYw�, ; �; •,2 : P.B. = PLAT BOOK
`dnQualifier=A01410000000180221 P.O.B. = POINT OF BEGINNING
Buchan,an-Buc'-hanan** 78770003F8DB, cn:cenneth = P.O.C. = POINT OF COMMENCEMENT
; -
Date: 2023.04.1316:48:17 -M'00' PG. -PAGE
STATE OF R/W = RIGHT OF WAY
KENNETH J. BUCHANAN ; "oma FLORIDA 'QQ°',.`�` C = CALCULATED
PROFESSIONAL SURVEYOR AND MAPPER ''•,`Ossa ,-'�•� �.` D DEED
FLORIDA CERTIFICATE NO. 7202 �4"fe, �O/sCHD BRG= CHORD BEARING
veyoc a`a``�`�� CHD DST= CHORD DISTANCE
! r 111 Uit�
CAD. K:\ACAD2000\164243\24-2D2\21-027-303D\21-027-303D.dwg
LIDBERG LAND REF.
FLD. FB. PG. JOB 21-027-303D
:SURVEYING, IN G 0 OFF. MBS _ _ DATE JANUARY 27, 2023
675 West /ndiantown Road, Suite 200, SHEET OF DWG. A21 -027E
LB4431KD. KJB
Juoiter. FloridaF/id.33458 TEL. 561-746-8454 ____ 1 2
K:\AUTOCAD2000\164243\24-202\21-027-303D\dwg\21-027-303D.dwg, 4/13/2023 3:49:55 PM, 1:1
•
DESCRIPTION & SKETCH
PREPARED FOR
CHEN MOORE
EASEMENT
EXHIBIT ..A..
FOR FORCE MAIN
I
20 10 0 20 40
GRAPHIC SCALE IN FEET ; _
SCALE: 1 _ 20
2°
ORB 9664, PG. 1422
700 0, E cn
s ►. ��
is 4 sS,F o I �o
o /Vss°3 22 • v I v L
v =¢ cv 4 Ss '�'V %. i cW
POC
77. 3 ' THE MOST EASTERLY CORNER
8' 08,E Ss'F EASEMENT I of TRACT 'A" VILLAGE OF
\ i NORTH PALM BEACH PLAT N0. 1
= `C FOR i PB 24, PGS 202-206
o"4- - QQ ` S FORCEMAIN AND
NORTHWEST CORNER
AREA=2407 1 SQ FT
z p J N •
34, i OF THE INTERSECTION
m �� 3) 34' nl 4g �F OF ANCHORAGE DRIVE
U o .p8, S6��� 6S•3�� r I S AND SOUTHWIND DRIVE.
4g •� � �3 >3, � Rte•
J�
/� Rte,, R=390.00'
wo,`O ` �. y �s�,,F` A=05@47'21"
TRACT i4» L=39.40'
VILLAGE OF NORTH N43004'43"W RADIAL BEARING=S29'11'38"W
PALM BEACH PLAT N0. 1 13.28' ; CHD BRG=S57'54'41 "W
(PB 24, PG 202-206) CHD DIST=39.39'
POB
R=390.00'
A=01028'53"
J�
L=10.08'
�—
CHD BRG-_ S5416 35 W Q
CHD DIST=10.08' i
V LOT 35, BLOCK 3
VILLAGE OF NORTH
' PALM BEACH PLAT N0. 1
CAD. K:\ACAD2000\164243\24-202\21-027-303D\21-027-303D.dwg
LIDBERG LANDREF.
ORVEYING, IN �°. FB. PG. JOB 21-027-303D
OFF. MBS _ DATE JANUARY 27, 2023
675 West /ndiontown Road, Suite 200, SHEET OF DWG. A21-027E
LB4431KD. KJB
Juoiter. FloridaFlid33458 TEL. 561-746-8454 2 2
K:\AUTOCAD2000\164243\24-202\21-027-303D\dwg\21-027-303D.dwg, 4/13/2023 3:50:00 PM, 1:1