2002-041 Utility Easement Release - Harbour Isles Lot 104•
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RESOLUTION 41-2002
A KESOI,UT'ION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BI?ACI1, PLORI DA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK
7'O EXECUTE; THE RELEASE OF UTILITY EASEMENT ATTACHED AS EXHIBI"1' "A",
WHICH KI:LEASE IS OF A SEVEN (7) FOOT WIDE UTILITY EASEMENT SHOWN ON LOT
104 OF "IHfi PLAT OF HARBOUR ISLES RECORDED IN PLAT BOOK 86, PAGES 111
THROUGH 121, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
PI.ORIUA; AND, PROVIDING FOR AN EFFECTIVE DATE.
Bli 17' RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FI,OKIDA:
Sectiai 1. "1'he Village Council of the Village of North Palm Beach, Florida, does hereby approve
the Release of Utility Easement attached as Exhibit "A" which release is of a seven (7) foot wide
utility easement shown on Lot 104 of the Plat of Harbour Isles recorded in flat Book 86, pages 111
through ] 21, inclusive, of the Public Records of Palm Beach County, Florida.
Section 2. 7'he Village Council does hereby authorize and direct the Mayor and Village Clerk to
execute the Release of Utility Easement attached as Exhibit "A" for and on behalf of the Village of
North Palm Beach.
Section 3. This resolution shall take effect upon recordation of the Release of Utility Easement in
the Public Records of Palm Beach County, Florida.
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A
PASSED AND ADOPTED THIS 11th DAY OF JULY, 2002.
• 7HIS INSTRUMENT PREPARED BY:
Eleanor W. Taft, Esq.
24301 Walden Center Drive
Bonita Springs, FL 34134
RELEASE OF UTILITY EASEMENT
THIS RELEASE OF UTII.TI'Y EASEMENT ("Release") is made as of the fLTday of
2002 by jhe VILLAGE OF NORTH PALM BEACH, having a mailing address
located at, ~D/ l . S. .~!/,S/fLU.9,Y ~ ("Village").
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' RECITALS:
A. WCI Communities, Inc., a Delaware corporation ("WCI"), recorded that certain Plat of
HARBOUR ISLES, recorded in Plat Book 86, Pages 111 through 121, inclusive, of the Public Records of
Palm Beach County, Florida ("Plat") and is the owner of Lot 104 as shown on said Plat.
B. WCI dedicated on the Plat various casements including the seven (7) foot wide Utility
Easement shown on Lot 104 of said Plat ("U.E."), which was dedicated in perpetuity to the construction and
maintenance of public utility facilities and for the construction, installation, maintenance and operation of
cable television services.
C. WCI desires to release a portion of said U.E. lying within Lot 104 as more particularly
described on Exhibit "A" ("Portion of Lot 104 Utility Easement") in accordance with the terms and
provisions set forth below.
D. WCI has obtained letters of no objection to said Release of Utility Easement from all public
utility providers, including cable television services.
NOW, THEREFORE, for and in consideration of the recitals above, the mutual promises and
covenants set forth below, and TEN and No/100 DOLLARS ($10.00), the receipt and sufficiency of which
are hereby acknowledged by the parties, and intending to be legally bound hereby, do expressly agree to
release said Portion of Lot 104 Utility Easement as follows:
1. That certain Portion of Lot 104 Utility Easement described in Exhibit "A" attached hereto
and made a part hereof is hereby released, terminated, deleted and removed.
2. Except as otherwise released, all other Utility Easements as shown on said Plat shall remain
in full force and effect.
3. The consideration stated for this Release of Utility Easement is contractual and not a
mere recital.
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4. This Release of Utility Easement shall be construed and enforced in accordance with the
laws of the State of Florida and shall be binding upon and inure to the benefit of the respective heirs, and
• successors of the parties hereto.
IN WITNESS WIIEREOF, the parties hereto have executed this Release of Utility Easement as of
the day, month and year first above written. '
Signed in the presence of:
ATTEST:
Y~ L
mt Name: ~/
Its: Village Clerk /
VILLAGE OF NORTH PALM BEACH
By:
Prin
Its:
STATE OF FLORIDA
COUNTY OF PALM BEACH
_ The foregoing Release of Utility Easement was acknowledged before me this day of
c/GGT. 2002, by Ada/,dt~ ~1 • Eif~, as Mayor of the Village of North Palm
Beach and K,QtCl /E7-7t/~` ~-/l/ as Village Clerk, on behalf of the Village of North Palm Beach.
They are personally known to me.
My commission expires:
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Notary Public, State of Florida
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Printed Name of Notary
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• Portion of Lot 104 Utility Easement
That portion of that certain seven (7) foot wide Utility Easement within Lot 104, HARBOUR ISLES,
according to the plat thereof, recorded in Plat Book 86, Pgs. 111 though 121, of the Public Records of
Palm Beach County, Florida, lying southerly of a line seven (7) feet south of and parallel to the north line
of Lot 103 of said HARBOUR ISLES.
Said land being in Palm Beach County, Florida.
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