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HomeMy WebLinkAboutDocumentation_Recreation_Tab 05_04/22/2019)M ,_CE01 11,01.-47332-2 06120/2001 05:42:13gm tukw E. 8"Ll :Y: PA_ 663 VkL&GE BOULEVARD. SurFE 30 tli ST PALM SEACii, FLORII)A a3" Page 1 of 29 ORB 3 ao 7 4B Pa 4BZ 3 PIi#�iitR11GD��€��iiil}lilti�i�lA11111 c+ AGREEMENT OF SETTLEMENT AND MUTUAL_ RELEASE This Agreement of Settlement and Mutual Release (the "Agreement"), entered into this --'I day oi- AIPVAI i, +995; by and betwe4n DORt3THY M, CAmPBELL. and QG OF TEOUESTA, INC. (collectively referred to as "Plaintiffs") and VILLAGE OF TEQUESTA ("Tequesta"), reflects the parties' entire agreernent to resolve the pending litigation particularly known a* ©araihyr .M. Campbell and Oz of_,Tequesta, Inc v Village of Tequesta, Case No. CL 96-3.208 AI°, which is pending in the Circuit Court of the Fifteenth Judicial Circuit of Florida in and ror Palma Beach County. Flgricla (the -litigation';. In addition, this Agreement reflects the agreement by certain non-parties to the litigation. nJR pa LighihcxxsC Cunt -r For The Arts, Ir,. Muriel Manning ("Manning") and Lighthouse Gallery, Inc!'*("Gallery-), to certain specific provisions herein, WITNESSETH: WHEREAS, Plaintiffs have filed against Tequesta a clairn for declaratory relief regarding the ownership of the parking area described in Plaintiffs' Amended Complaint ("parking area") and to obtain an injunction preventing Tequesta from imposing anX fine or penalty against Plaintiffs pursuant to Tequesta Ordinance : 17; and WHEREAS, Plaintiffs' claims concern title to and ownership of the parking area which is the subject of dedicatory language appearing in the Plat titlead p subdivision of a portion of Jupiter it) the Pines, Section 8" recorded in Plat Book 26. t=aW 215. of the Public records of Pala, Beach County. Florida (tire "dedication and WHEREAS, Tequesta has contested the Plaintiffs' claims. and i<�tt185':IION4 aNTfH(It'' T3lE. 51AGE01 . FL-0147332-Z 0612012001 05.42.13pm AaMrUMEN'r OF SaTTI.F.MUNT AND MUMAL RELEASE Page 2 of 29 uRd IF—t-WrEj Pq 8*�z PRIVILEGED INFORMATION CONFIDENTIAL NOT FOR DISTRIBUTION WITHOUT THE CONSENT OF OZ OF TEQUESTA LLC W11GREAS, the Pa6es have amicably resolved their differences as M. fe fulh, set fo0h in this Agreement -. and WHEREAS, the parties. and certain non-parties, hereto agree for thern-sefv,e�s U for all who rniqht ctaim by Odesire f through either of thern. and de ir- Iore d ce their agveernu;nt to writing So that it ShRil be binding upoin thern and lilurc- to the benefit r-4 their heirs, successors and assigns: anci WHEREAS, all parties to this Agreement have (lad the opportunity 1.0 cojis;_Iq with counsel of their chOOsing and have had the oppoijo-Initt, M , seek and in fact have receivej the, independent. advice of counsel and such ethers of their choosing aG u-sey diaerj� nerp-ssary under the circurnstance s and have reviewed and approved the fcfm- and content of this Agreement. NOW THEREFORE, in Consideration of the foregoing and Uiir- rnutzjW prornisf-n; a- ,,j,jjj covenants hereinbelow set forth, it is agreed by and between the parlies as follows: 1. The foregoing recitations. and each of them.. are true and correct and qre incorporated herein at length. 2. The Plaintiffs agree to dismiss with prejudice their Ampnded Complaint dated May 22. 1097, after the court enters an Order approving of the settleI)ent and this Agreement. Such dismissal to be by a Stipulation of Dismissal to be between the parties and to be fled with the Clerk of the Circuit Couil of the Fift0enlh Judicial Circuit, I TMAGE01 e F,'L-01 473.32-2 06fbo/2001 05,42:13prn AGRGUMSM7 or- ss o ,.r-M>:mT AND ACUPU41. >"r-LEASE Page 3 of 29 am 1. z:01ria rig 8 4 1. PRIVILEGED INFORMATION CONFIDENTIAL NOT FOR DISTRIBUTION WITHOUT Th CONSENT OF OZ OF TEQUESTA LLC The StiPu-,'af;o, � Of Dismissal shall provide that the parties shalt wear Moir over: fves and Costs. 3. This Agreement and the proposed abandonment of the dedication shall be presented to the Village of Tequesta Council. and a public hearing shall be held before this Agreement is approved. 4. Following apP, Oval by tha Village a4 Tegauesta Council of this Agreement and abandonment of the dec cation to the public of the parking area, ttie parties shall file a joint Motion segkir r : gPPr$va4.A'4h4 rater ement. If court approval is granted, TegtleSta shall defiver a twit -Claim Deed of any interest it may have in the area referenced as the "parking area" in the Plaintiff's Amended Complaint, a legal description of- said propony being reflected in Exhibit "A" hereto, to the record owners of Gallery Square North, as tenants in common, Oz of Tequesta, Inc_, a Florida Corporation, Lighthouse Gallery, Inc., nl:d. LYgh�SE?r15t L cr?Ct r _- a 915Wda corporation {"t-ighthou�; �artd Ms,rigl riin�{ ninq"1 A CppY of the agreed. form of Quit -Claim Deed is attached as Exhibit "B". As a condition to this Agreement, Gallery and Manning, Wha are not plaintiffs irl this liti�atlonq shall agree, in exchange for the twit. -Claim, Deed, to release any and all claims said owners may have against Te-questa arising out of any dispute concerning Tequesta's interest in, [be property legally de se ritted 11) the twit -Claim Geed and to Specifically agree to paragraph 9 heroics reflecting ;uch release. Plaintiffs, Gallery and Manning further acknowledge that upon delivery of the Coat -Claim Deed by Tequesta, the property which is subject to the Oult- a ]MAGE01 : 11-1,01-4,7-332-2 06/2012001 05:42-13pnt I Page 4 of 29 ORD A pq 43 A.;p- PRIVILEGED INFORMATION AGREEMENT OF SETTUPAI-�4 CONFIDENTIAL AND MuTUAt_ RELEASE NOT FOR DISTRIBUTION WITHOUT THE CONSENT OF OZ OF TEQUESTA LLC L'e =gai�d on the *mpfartytax Poll*, Foltowiiig of the Quit -Claim Tequo--Sla, Tequest,3 shall have rdspon.-3ibiji,�v as are ?Sze parking area. As a condition tc ffiis Agreement. P-k.ajntjffs stiall First sub-rnit to TE!qUe-sta a current site plan, st-toiNirq ali existing larxi, 0") tile parking area all buildiflgs 10cated adjacent thereto aim all landscaping and improvements a$Sociated with SuCh buildings (landscaping, Plan"). After surtl submiUal and fwlew, a[; landscapirig reflected on the landscaping Plan avid the ixopetly t:)w11pd by Flaintifts. Ligh"l-evuse and Manning, as T-Giflor-ted on said fandscaPiing plan, shall be deemed in ,;urr ren carnp ianco with villagle of Te4uesla Ordinance 3?7 A COpy of the aPPs.-;rved landscape P43i) shali tu^ tftO v0h Tequesta tOCIetherwith a copy ofillis Agreemer"4, as Appendix 1, in its permanent property records and shall also t2e attached to the Riesoiufion appr(I'ving this Agreement. Changesto tht-_ appr Pe Plane all -ter lban routine rePlacerrient of existing aPPn-)ved plantings, shall not be made without prior, approval of Te-quesia in accordance With aPPlicable Ordinances. All Plans tO. PhYsir-al)Y modify the Parking area in ally Manner andfor that will causfm_- an increase in the useable square 1,001age . Of ItIP- bfi0dings adjacent thereto, shall be subrnMed 10 7equesLa for review and approval before the initiation of al1v improvements. .All pi-opa�sed cAanstruc-ti0i"I Peffaining or re-fatingti the parking area and the bui(dings adjacent theretn shall be subject tt:) all bIA!"109 and (and use re-quiremeilts of Taquesta. € IAGE01 : FL-0147332-2 0612012001 05:42':1.3pm Page S of 29 t" 3.. !Z'Q!�? rN rig a -"-A- 3 PRIVILEGED INFORMATION AGREEMEr47 QF SEi rLEtAEr4j CONFIDENTIAL AND MUTUAL 1'; LEASE NOT FOR DISTRIBUTION WITHOUT THE CONSENT OF 01 OF TEQUESTA LLC S. TN- Plaintiffs shalt be responsible for designing and constructing a soiulion to the alleged drainage problern at the Oornrrtunity Savings 'drive-thru-. if sus desired. Teguesta, shall h8ve 110 abligation or responsibility with to this Ma0er. i. AS a c,On litiorl to senteMent, plaintiffs, NnacMil-69 and Gallo,-yr, ano 'Tequesta further agree that the parties shall have Reciprocal Overflow Parking Easements ovryr the property of Plainfiffso Manning and Gallery, and Tequesta. in accordance wittt the to,, of the Reciprocal overflow perking Eascimert Aarccment between the "Jillage of Te uesta, and Plainjifls, Callony and Manning, a COPY Of whiGh i-S attached as Exhibit "C—. which shell be recorded by T ecluesta. $. Each pasty hereto agrees to bear its own fees all"! cos'.-- inceirre-1 in c0rinectlrn will this litigation and ail matters related thereto. 9. In farther consideration of tale foregoing. Plaintiffs, 6alle�y and Manning, on behalf of therriselves. and all who may Clairrs by, on, or through each of there, do tiereby release asrcf forevek di:5cC Farge each and all the persons and entities described below, a: "Persons and enthes" released from each arld 314 clairs,s des.ritmd t*,,lovw as "Claims Released." A. Peuspns and Entities R ,aXgo: Village of Toquesta, its officers, agents, contractors, consultants, c Mptoyecs. directors, aucarrreyy, and all otheff related person and entities. P k) C)u QJe �aja%44 IE441 gu$041 Lla9m4aq Sluawawbe Jejo Ou aj e alaLp ugaiiaki q'00) IGE: --e Jdaa�xa le4l, IV _Iu:;)Waa)aV S!LII O)uI Paf�ue)w PUe 9�&AJO�S*J Palwaiap we qPma.faq) Paloauuoo SJUaLurgoop PU8 '4144 PUe UCWO�tj!l St J) LUOIJ 6USSUC Ojaja�4 St"IEP WOU840d PLJe luasaid lie ^1 IuqLkIaa.AOV S #ql �to Ijj,_y4jjI qtI4 S, Orp d P -UB 6u'JJue" �E'U'PnPul _IuaLu8a-J6VsIi4IOIs e atil '�t 9 LideAe-ted ul Uclk"E�dwJsPuel 9041 Puie '-ILAqwa;qJI5v SILI) JO s-'ujaj Cql ' _O..'IIcvqx3 a-IJOILID 01 ljq!qy:-4 La Peq!_w3s;4p A-JJ;DdOJd OLD Ul 01 5LjI ;!,a Ilk, -4 -1 Aem Aue uo jo - ' iap" 6U'S'JL> "WO4 '5_U'S_IJa '@AeL,' 01 UkteJ_I.J.&AaJqeW JO Seq Akau �pt__q seml p , p 0�'ssne-:) ue S; UeLupp -Sling 'Swf":3 Ile ApIppif Ile Pue Aup, Wall '6u]uuevq pup Aialla-C) IsJ4!Juvei'J 06JeLIOSIP JQAGJOI PUP SSPAjai Aqamij ssaop p q6n'OJ'41 .30 'uo ',(q tat Io AeLu i:,UAA lie Pue 'JIGSP JO AeLlaq tia 'e-4sanba 6u%oE3ejcI *Lg 10 , uOI)e'Iqp!suOD.Ia I ; ul 41- p PorjaUaj se pauacniat Is;,sjGIu! G(;I,AOj lda3xa !q x_ p _a I fit I ug aqpa:� p Av3do.jid st4l ul s1solopi, . dals-4aumo .4up 01 Se elsanba.L Aq stutep Aue 01 6uj;L>,;E, AeAk Aue ul .10 'LU0.11 awspe 'afteq 01 LUIPIO J00ACC) AE!W JO 'a.%L:,LJ AIOU 'Petl Wket4 buILKIPoi pue AJOJM!D '!�WOW!V16 pajep�j jo� ,SLutelofitjipnpui'.IGA-SOS)e'4m'a-ir4euAuelouot Blosesne3puu-spuewOp-sli�ns-s�Lutelo lie ISUPnJOUI 'JGA'90SIeqm 411qeq jig pUg ftUa W011 p;gSpqja'j gle �PoSea,'S* Sal pue SIJMJa& Se GAOqe P9qP3sGP SGqllu;9 PUe Suovad &LI1. 1"b-Ast fid jMD 6Z JO 9 0213d OdCI.Zt,:!gO IOOZ,,OZIqO Z_ZfCLt.IO_,JA _,Cr ,4f)VM MAGE01 FL -01-47332-2 06/20/2001 05:42.13pm AGFZEVMExv C�F SETTLFMIEL41- AND MUTUAL RELEASE Page 7 of P9 4B-O*!5 Oral Or written rePresentations Made by or arnong the partiez 1101"OtO Or between the parties hereto which are not set f0rtth hereirl and this Agreement MaY be modified only in writing signed by the Parties her 6-10. ThiS Agreement Shall be Construed under and according 10 the laws of the Slate ot Floric1q. 12. This Agre-ernent ana the exhibits hereto, and other acts rnade VLrsuant to ,his Agreement, do not consfilute an adMission of liability an the part of any party or entily. 13. This Agreement shall be binding upon the Parties. their heirs, suCCOSSQrs and assigns. 14- The Pat* --s acknowledge and agr4eG that, this Aqro+_-m0nj has been drafted by GOUnSOI f0T all Padies who sign this Ar ,preernent in a i0int p ,%�,n and that no term or Provision of this Agreem-_n, of, any exhjbif attached hereto rnay be more against any party� 15. If any term, covenant. or conditior, Ot this AgIree-ment sliall be held to be !MAJ or unenforceable, the remaindfj nf this Agreemenj shall not Le qffp �ted thereby 2nd. 08ch ret-nailling term- mvenant, and condition, shall be valid and enforCp.abjf:_' tn the fullest extent Permitted by �aw. 16. This. Agreermnt may on,;y be m0dified or amended UPon wrinen agreement Of all Pqrfias hereto, IT Nothing contained in this Agreement shall te con!strued to IMt, P _ffcdct Of. annul OnY MuniCipal ordinances Or rulles 8S. they apply to 01- effer , t either of the Parce%. li i WAGE01 FL -01-47332-2 06/20/2001 05,42.13pm AGREEME14T OF SETTLEMENT AND PAUTVAL RIELEASe Page 8 of 29 ORB 2. =---Q:P-P1A0L Vtj 18- In the everrL of any filigaVion (including appeflate proceedings) arising out of cr in connection with this Agreement and the rights, responsibilities and obligations contained hereunder, the prevailing pafty shall be entitled to recover frorn the losing party, its reasonable attorney's fees and cos-ts. 19. Gach party agrees to take such reasonable actiian, and execute :!5'uch do,c,urnents, consents and authorizations as may reasonably be raquirf--d by a WIQ insurance for the purposes c4 insuring tMe ko the parkine area� Provided -,�Uch act(s) do not subiect the party to any expense or liability, or require the commencernent of apy litigation, to Can -y out the intent and purposes of this SetUernent Agreement. Signed, seated and delivered in the presence of - S IMAGE01 - Fl, -0147332-2 06/2012001 05:42J3pm AGREEMERT OF S�---rrLeMpW AWD MUMJAL PFLEASE S. TATE OF FLORIDA A I jilli�1,59, -W 40 Page 9 of 29 ORD I 4:—R'Q74S PS a47 2CP00 5 oregoing instrument Was ack �--dqed tx-,fore me th -4i�qq The f -4 V is 12p --day of 4�e��, W- -44998; by DOROTHY CAMPBELL, who: pp-rsonaf?y known torrle- or U has produced driver's license as ide-rifific--ation. T S L 15 EA GCOWREV AREW USLIC "N Pubk- &are W FWu my COMM. Cap. USIA 3, 2M NO. CC 536-184 07- OF TEQUESTA, MC, � - le, y: Print 17; 17,5 �; W -n ,ATTEST: (Corporate- SeaO IV .. lslii� -Cret�� STATE (-)F FLORIDA COUNTY O.r- PALM aEA(--H 2coo A5 T- . foregain I I -st iAmir W slowledged before me inis clay 0143==X -41- I UY C 4098-1 Uy Oz of -Uesia, i =,on a co� 0 Inc f fort 8 COMQrafiGn On behalf of Me rporation, is, PelSonall, � knom to mc,,, or, ,,:j ha�$ pr�OdUCe(j a d6vers license asidentifir-abon, [SEAL.] f —, dAZI111 N(r*LIC Y TINIAGE01 FL -0147332-21 06/2012001 05.42:13pm ACREEMENT OF 5ETILEMENT AND MUTUAL RELEASE Print Namp-.TLb[0MAL STATE OF FLORf DA COUNTY OF PALM BEACH Page 10 of 29 ORD :L ae-,ra pq a--+ 13 VILLAGE OF TeGuEsTA, 1799 The forego'"9 "`*tTuTTIurIt Wa5 ack"Owledged before me thi,% �,45 74v4 day of Geeei"b�f, e49%, tvY ELIZABETH A. SCHALIER. as fjayO!� 0",h9 Village Of Tetluesta. a Florida MuniciPalitY OP behaJf of Ihe municipality, She is 6KIis Personally known to PYOduccd a driver"s license jas 'ISE NOTARY PUSLIQ (J cow w0faft: oft"SAW 22. TIM VIA d7m mm� 16.6-4— W;�9=z;zej 10 IMAGE01 FL -01-47332-2 06/2012001 03.42:13pm AGREEMENT OF SETTLEMENT A"D PAUTUAL RIELEASE Prin et—N in ugrne. Z-ina- ATTGST. 2 A"R. r STATE OF FLORIDA COUNTYOF PALM BEACH Page 1.1 of 29 ORD X!:-7'kWTa Pq JB,49 LIGHTHOUZE GALLERY, M. n/kia Lighthr Ct�nter For qbc Pxrts, :Elxl-. A fts-r" President (Corpor,nte 53-eal) Th fi e biregaing instrurneqt was acknowledged before me 1hiq;cW— * day of Lighthouse Gallery, [nqVViF1 id )rralion on, bphalf ol the corporation. HelShe hs: 0 h , a m' Ir ffication. a aS P is- persionally �nown wo m, 6 JM [SEAL] NOTARY PUBLIC I I LMAGE01 -. lfl,-01-47332�2 0612012001 ob.-42:13pm AGREEMFUTOF SETTLSMENT . AND PA;3TUAI- RELEASE ..-17 Y11% ---1 G' Y Print MURIEL MANNIN 6W69S Wy .04 STATE OF FLORIDA �JCOUNTY OF PALM BEACH ?p.pq The foregoing ins' trument was acknowledged beforeme I, by MURICL MANNING, whvx, Xis per--onally known to his drivei's licensG as identificati . om cecenoer� Page 12 of 29 INIAGE-101 -..FL-01-47,332-2 OWM2001 05:42:13ptn LE GAL DESCRIPTION Page 13 of 29 ORD 2. !=—)-Aa-7a Pq 4S!S 2. 7hat certain parcel of land desca-ibed as the "Parking Area" as is mace pArticul;iriy described in Me Re -Subdivision of a Portion of JUPITER IN THE PINES, Section R-. a subdivision of Section 25, Township, 40 South. Pange 42 Fast, Palm nog -mJ -1 county. Fllofida� as shown in the plat thereaf recorded on January 27,1961. in Pl,-tt B�iok 26, at Page 215, public records of PPInn f3emach County, Rorida. EXHII031T IMAGEUI : t+t.,-01-47332-2 061201200t 05:42:13pm I ,1 This Fn.strumc at Prgatrd By: s- y EUGENE E. SM7CY,P.A. 603 Village Btvd, Suite 102 West Palm Smeh, Ft. 33409 - Telephone:561-697-1300 Prepared without title examination Pivperi}-Apmisers Purcel ldc 0v4tion (Folio) Number(s): 60t2402510i]CtHll)1,0 imntee(s) FE11Ffl: Feb-23-2M i2.t3tpu 01b-0G:359Z 099 11622 PI S91 Con 10, W Dec 0. 70 109 1311 R 16lI 6113101 Is 3 1111101l set PRIVILEGED INFORMATION CONFIDENTIAL NOT FOR DISTRIBUTION WITNUU CONSENT OF 02 OF TEQUESTA LLL QUIT -CLAIM. DEED TUTS QUIT -CLAIM. DEED Made this 12-1� day of tMarcrn 1999, A.D. Between M.AGE OF TEQUESTA, FLORIDA, a municipal corporation existing under the laws of the. State of Florida, hereinafter tailed the Grantor, and 02 Of TEQLFESTA, INC-, a Florida corporation, M VRIEL G. MANTIC,, a single person, and UGH THOUSE GA IXERSt', lTiC„ a Florida corporation, as tenants in common, subject to tberestrictions and easements set refill below, whose address is 4 Tradewinds Circle, Tequesta, FL 33469, hereinafter Galled the Grantee: (Wh=ver rued herein the term'Clrasitor" and "CJ+antee Uwiudc all the parties to this ksuument and the heirs, legal represenwives and assigns of iruli�iduaEa, and the suwnsors and ensigns ofoorporationsl WITNESSETH: That the GRANTOR for and in consideration ofthe sum ofTEN & N0€1 QQ (SIQ.00) DOLLARS and other good and valuable consideration to GRANTOR, in hared paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted., bargained and quit-claiined for the said GRANTEE and GRANTEE'S heirs and assigns forever, the fallowing described land, situate, tying and being in the County of Palm Beach, State of Florida., ID wit: That certain parcel oflaild described as the "Panting, Area" as is more particularly described in the: Re -Subdivision of a Portion of"ITER IN THE PINES, Section B. a subdivision of Section 25, Townships 40 South, Range 42 East, Palm Beach County, .Florida, as shown in the plat thereof recorded on January 27, 1961, in Prat Book 26 at Page 215, public records of Palm Beach County, Florida, This conveyance is made to the grantees in common as art appurtenance to Lots 1, 2, 3, 4, 5, 6, 7, 8,9 and 10, JUPPTER, IN THE PINES, Plat Book 26, Page 2I5, public records of Palm Beach County, Florida, of which grantees are all of the owners of said parcels„ each aft+vhich is contiguous to the land being conveyed herein, and is intended for the common use and benefit of the grantees in 1 of 3 LNIAGE01 FL -01-47332-2 0612012001 0o:4Z:13pm Page 2 of 3 (IRB I IL GZa PN 692 the land conveyed as and for ingress and egress, motor vehicle parking and non-exclusiye mutual perpetual easements appurtenant ilierefor. TO HAVE AND TO HOLD the same together uqth all and singular the appd,Ttenances thereunto beloaging or in anyvinse appertaining, and all the estate, right� title, interest, lien, iquity and claim whatscwver of the said first party, either in law or equitN to the only proper use, be'nefit and behoof of the said sewnd party forever- INWITNESS WITEREOFthegrantor hashereunto set theirband and seat the dayandyear first above written. Signed in the Presence Of- GRANTOR: A L Li 41A4 Print Name: knbe-(164 �, 01. Nnj Name -,-Tg 0rIRS 6V40 F -D P% - A Prin't Name, STATE OF KORMIA COUNTY OF PALM 81�A(_14 VIIJAGE 0F.TYQUESTA, a munichial corporaflon existii�g under the law's of the State of Florida B ELIZ EMMAUER Attest:' ?1771�erk, JO�AN. =A�NIELLO The foTegoing instrument was swuvn to, subscribed and acknawledged before me Ws day of_M2jjA_1,999, by ELIZABM SCHAUER who "ecuted it as Mayoz of the Village of Toquesta, a municipality in Patin Bmch County, Florida, on behalf of the municipal corporation, pursuant-, to the authority granted by a lawful resolution oft he Village Councif SheisNpersonally IMAGE01 FL-Ot-47332-2 06120/Z001 0.1.-,A2.1.3pm Page 3 of 3 ORB I I PS Sa DORDTHY H. MILKEN, UR a rm'wy, L �mown to me, or has produced a driver's ficense as idenfification and did/did noit take� an oath. 4L. Notary Public, State of Florida at (*Se LNIotary Seall N(y Commission Expires: Type at NnA Natwy Name: Lin r -J f -A -e HMMYROX. -STAMCf FLWDA EXPIRES 12*22-20M wwwr4w AsA- i4ffi*0ayt STAXE OF FLORIDA I COUNTY OF PALM BEACH The foregoing in�tmment was swom to, subscribed and aicknowledged before rn� this 12t— d,ay Of trrkr,&-, , 199% by JOANN MANG.AuNW11.0 who execuied it as the Clerk of the Viflage of Tequesta, a mmicipality in Palm Beach County, Horida, on behalf of t�e Municipal corporation pursuant to the authority graikited by a lawful resolution of the Village Council, $be is rpersonally known to me, ar has produced a dnvees license as identification and did1did not akc an oath. [Notary Seal'i 1,WARV PLIM,STATZ W Fa Ma;, WRI ANN MONTAQUC WMMISSIONOCC609542- W(PI9E$12-z2-2M SONMOTHRO W TAUaA"l I Notary Public, State of Florida at rge 1 My Commission Expires., Ty L 10222 /P IMAGE01 :4 'L-01-47332-2 06/20/2001 OSA2:13prn Page I of 13 ORD I 160e P9 678 13rePaMd by and return to. PRIVILEGED INFURMATION 3o CONFIDENTIAL (i9 NOT FOR DISTRIBUTION WITHOUT THE rONSENT OF OZ OF TEQUESTA LLC REr,lPR0C-AI- OVERFLOW PARKING r=Asr-Mj=-N-r AGREEMENT This Reciproraj Overflow Parking Easement Agreement CEasement 69—rntrra—tmr). is eftertjvp-- JAMIJAW.Y 2 ( 4jp,jE,4 , +"&, arx; is enterea into by and between. Village of TequeSta (the 7-0-9,92—Sta') and Dorothy Campbell, OZ Of T P-questa, Inc.. Murlei Manning, and Lighfhouje. Galleq% Ineva Florida nat-for-profit cocporation n7kea riqhtiloLze Center ror j� A-Lts, y- (collectively, the "QW—Alers"). 11-. R' E G I�, TA L& A. Tequesta Owns litir,-b the real pfoperty described in Exhibit "A" hereto (the The Owners own titie t<j- the real PrOPetlY described in Exhibit "B"att a (the 'Owners' Parcel'). TPe ViNage Parcel and the Owners'pafcej are hereinafter each C01fer,livelY called a "Parcer and hereinafter caliectively caljQtj the C. 1'equesta and the Owners wish to enter into this Easement Agreement. IEXH11831T Ii............... — IMAGE01 Fl,-014"17332-2 06/2012001 GS:42:13pm Page 2 of j3 ORB 1. :L spia: P9 67 .3 1) 'hiViLiGEL) INWRAIIATION, Q CONFIDENTIAL V��IRFLOW PAFWNC EASEMENr AGAERIENT NOT FOR DISTRIBUTION WITHOUT THE CONSENT OF OZ OF TEQUESTA t-Lc NOW THI-E-REFORE, for Valuable conaiderafflon, the parties agree as f0jjQ,,V,3: R001talls. The recitals set forth in Paragraphs A through C above are true and correct. 2, Lasera pk rant € , Irequesta hereby grants tra the Owners, and their I-e-sPective cuSIOMers, patrons, licerysee.s, jnVjt9es and morIgagcas and their Tr-,GPRCfivP- tenants, @nd the CIJ-StOMM, patronns, mortgagees of thO 19n2f%tS (all such parties are hGareafter Coliactively called the luser"S"). rion-exclusive easement aver and through (fie parking areas, driveways and. drive aisles now or hereafter C0115tfucte4 are the Tequesta Parcel for designated "ovelow PAing" (as hereafter defined) and for pedestrian and vehicular access 10 and from such parking spaces on the Tequesta Parcel. This grant is'not intended to allow the owners and the tenants at GajjP-q Square North, and their empjoyees, the right to park On the TequCtAaS Parcel. The easement granted herein May be Used only at Such 'Urnes and to the extent that parking spaces exist on the Tequesta Parcel whicil are riot b I eing, used by Tequesta and ifs users, The Owners hereby grant tc) Tequesta, and As users, including mernbers of the geperal public, a nonaexcjusjve 2 A <CEO I : FL-01-47332-2 ()612017001 05:42:130n, Page 3 of 1'i ORB I J. 6z;2 Pa Seq) RECIPROCAL DVEQF�"i�v PARKING F-AsEM&4-r A.GjE ' MENT 93SMOnt over and through the Parking areas, driveways and drive aisles now or hereafter constructed on the own, for Overflow Parking and Pedestrian and 'vehicular access to aM from the parking spaces 10caled on the C)Wners, parcel. for P"'POse's at attending various Public meetings and functions. This — grant is not intended to allow Officials of Teqjjesta, and its enl*Yees, the tight to Park On the Owners, Parcel. The easement Waited hefeitj spay b,- , used only at sUrh times and to, the exierit that Parkna SPaces exist, or. the Ownp parr<3f Which are not being Usect by the ' Owiiers ar.d their usem. 4. De n i1L " "'OveftW Parking',shall mean parking fQF Which cannot the parked on the rather Parcel because all Or Substantially all of the Parking $-Paces on the other parcel are then being used to park Other vehicles. �- ut shall not include marked spaces and other areas reserved for police, fre-rescue and Official vehicles of Tequesta. Maintenan 0 N all - Tequejta shall maintain nr cause to be 111,039 00dions of the Teques(a parcel which are USP-d for parking and for access to and frorre suu n Parking iP 900d condition, including the maintenance. repair and rePlacameflt of all paved surfaap ,s In a rea"Orlably level, smc)oth condition, the 3 MAGE01 : FL-ol.47332-2 06120/2001 05:42:13pm RECIPROCAL OVERPLOW P&RVjNr, EASE�,4EMT AGREBMENT Page 4 of 13 ORD :L G'B I I ma'MteinaF,c% FePalf ancl rePlacernent of all curbs. curb cuts, Parking spaces and the striping of all parking spaces. 6' !he- The Owners shall maintain Or Cause to be maintained the owrw_r,%' Parcel in c good condition. including the mainten.ance, repair and replar,em6nt Of all Paved surfaces in a reasonably level,, Smooth condition. the mainterlanCe, rli�pair and reOaCerrtent of A curbs. Curb cuts, parking spots and the 5 ,-WRIng Of 211 Parkirig spaces. EaCh, party re$erves 1he ;i91-11 w change, fro.m time to time, in accordonce wfth applicable Qrdinanpe�;. rules, and standards of Tequesta, the l0ca"'Dr, Of access tarles, dnvewa.rs, sidevvalk.5, arid parking SPaCes located on their respc-ctive Parcel* Provided such relocation shail not Mate'rially arld adversely interfere whh the use of os Parcel by the other party for the purposes GontemPlated by this Easement AgTeement. TNs restiction shall not prohibit a reduction in parking spaces if SuCh re i . _dueq'0q jS 0(herMSe pe�mitted under W1 applicable - codes. stanlards, 0 Vdiflances and regWalion.S. The parties acknowledge that, access I for overflow parking may be tamporarijv rl estricted, from. tinle to, time, because. of activities associated with approved cOr'structiOn On the. Parcels or special events, Owners and Tequesta agree that they sh�ill nOt reduce. expano or alter their 4 . ........ .... NONNI" IMAGE -01 :FL -0-147332-2 0612012001 05;42.13pal "r-C-'PROCAL OVERFLOW PARKIIIG EA8EMENrAr:,PEEmEw,, Page 5 of 13 "I'll I I- eiea: PH 6 aia irnProvernents in relijance upon the use 'If each othees Parking spaces to meet any Minimum parking space Feq'wrernents of any applicable low- Likewise, this Easement AWeement shall not restrict or otherwide adversely affect each party's ability to develop its own Parcel, e.g., Te�quL.Sfas rights to use the Owners'Pamel for overflow par;ejng Shall nOt imPose a requirement on the 0"vners'parcGl tO Maint2in More than the Mi9iMum number of parking spaces allowed if the Easemep q Agreement did not exiSt. Owners and Taquesta acknowledge that any expansion, reduabon or alteration of imPrOvemelits on the Parcels, or any change 1$1 ugp, must be in accordance vAth all Uertinent. landuse Ordinance% requirern9nts and codes. in the event of any 149ation (Inoluding appellate proceediags, arlslng out, Of Or in CmneCtiort with this Easement A greefflOnt and the rights, r,--sP0nsibMUe* and qbjiqi�qjons cOntainec I hereunder, the prevailing pally shall be entitled to recover ftfn . the losing PartY, its reasonable attorney's ff-=es and costs, C-1 - &21_urteaant E&Semer)ts. The COV ! enants, restrictions, easemen(s, burdens and fimifatib"�s lrripcsed and created by this E . asement Agreement shail burden the Tequesta Parcel and the OwnpFs' Parcel and Shall run with and bensfit and shall be appurtenant to the Toquesta parcel and ' . the Owners' Parcel., E hNIAGEO-1 19,01-47332-2 06/20/ -?Q01 05,4,,.j,3pM page 6 of 1,3 ORD I GiE->e; po Saa REDFROCAL OVERFLOW PAP"tqr, SASr:Mr ;:V,- AQREEMENT 10- 3"Y tOrm. COverlant, of condition o f this Easement Agreement shall be held to be invalid of unenforceabjl��, the remainder of "his Easement Agreenjen, shall not be affected thereby and each remaining term, covenant and condition shafl be Iralid and Onforceabie tO the fullest extent per-mjtted by law_ M24&42M. This Easement Agreement may only be Modirled Or amenrjed ,Do� wMen agreor�jcnt of- all paFtie, hereto. N -0th -J-19 C011tained in this Easement Agreement shall be Constrap-d tG I'Mit, effect OT, annul any muni6ipaj ordinances or ru les, as they apply to of effecst Ober of the Parcef$, eXCePt as expressiy provided herein. 1-3- QDXe—n2-=-La—w- This. Easerrent Agreement shall be Construed under the- ia7.v s of the State of 11--iol-Ide, 14- 1LI'M—ina-tLo_n. This Easernertt Agveemer�t shall ter"nillate and shall be of no fulther force or, p_ifecf. if 110 ploftion of th T , e k eQUesta Parcel is owned by a govrmmenta� oriwasigovernmental errtjty� 6 MIAG EQ'1 FL -0147332-2 0612012001 05�4�i.-13pm REf,'IFROCAL 0YERFLOW PAR�K'Nrl EASZMENT AGPEEMENT Page 7 of 13 ORR 1. 1. saa G84 15. SuccegggLAadh�j�, This Easement Agreen-jent $hall be binding on the Owners and the sUccessor owners Of the Ownees Parcel. 16. Mutuar-,-J�1. The ea-semePtlnterVasts granti-M herein are Condiligneg Upop Owners' Parcel and the Taquesta Parcell being SuNP-et tO the easement. If the easement is eXtinguished by law as to or4f, parr ,ef; itShall likeWLIe be deA-Med extinguished as to the other Parcel and this Easement Agreement shall have r,,z f�ivivv force or effect, Signed. seated aqd delivered in the presence of, STATE OF FLORIDA COUNTY OF PbLM BEACH The foTegoing instrumen,04vas'acknowledged. befime me this 14-A"If M-5 4499-� by DOROTHY CAMPBELL, who: ks Personalty known to rne, or ID ha, -3 procluce(j tVLe a drivees license as identification. (SEAL; r =UU —NCf)R Notary pubk, State, of %ids my C"M. Exp, MaRb"S, 2M f4Q- CC,536784 INIAGE01 . FL -01-47332-2 061201200.1 05.-142-13pm ORB I IL eip,- pq � 613:5 '9rzG'PR0C;AL OVERFLOW PARnING FASEMENT AZREEMENT OZ OF TE-QUF-STA, INC. Pint Nqamle�:./ Presid nt ATTEST: (Corporate se-ai) Secreta, 'I STATE OF FLORIDA COUNTY OF RALM BEACH Page 8 of 13 200 Theforecloirka 4'),Strument was acknowled ad lis by ge Pqbre me tj -A'aly Of geeember; )JA r - f (name) as - �q eSta I lc a lond cor ------- � �fitfe), Of it 0-7- Of T uesta� I lodd corporation ori beha cor &1ation, Wshe is is roduced a drivert license as idenfificaton X per-sorlOy known to rne, or 0 h8s Pi V Of the �Or 0 MUREY AUEN 40IDS&AY [SEA14MM Noral PeWk- StWO Of F104Wa vy comn &;,, March �, am 4UC NM CC S36784 Print Name7i -� 5�;M VILLAGE OF TEQUESTA �4IV, f 17) pr Elizabe Schauer )MAGE01 FL -01-47332-2 06,12W2001 0-42.1.3pw RECSROCAL OVERFLOW PARKING EASEMENT.AGREEMENT S7ATE OF FLORIDA COUNTY bF P%Lm eEACH I P39C 9 of 13 eap- P9 6POS . t I - -TalvwkAvw� 05 ,)gq The foregoing instfunlIGnt was acknowledged before me tmi* 7ejj� day Qf-a�� 4998; by ELIZABETH A. SCHAUER, as Mayor of the Village of Tequesta, a Florida municiPatity on behalf of the municipality, She is: 6-dis Personally known to ine, or 0 has pr9duced a delvees licerise as identification. [SO 2TZRY P&Llc�,- a IMAGE61 b-11-01-47332,2 0612012001 0$-.42.1.3pm 67.45 RECIPROCAL OVERFLOW PARKAG EASEMENT AGREEMENT ATTEST: Page 10 of 13 ORD 1. A. so- -q LIGHTHOUsE GALLERN, INC., n/k/a Licd, se center rior The Axts, :Enc. By. L tS - W - � *0 (corporate seai) Secretary STATE OF FLORIDA COUNTY OF PALM BEACH 4v The foregoing instfument was acknowledged' 00re me thisz day of 469&. by (title), of U-Ghth0uSeGaqeryjnvaFb'd maxrautiko)n behaffofthecor Pf! a Corp on rom- . poration. He/She is. 0 is personally known YIN91,k! 31ari A�*SiV; identification, Umc,sulmaT [SEAL] AAC f ���kRY PUBLIC j El� lit 'Print Na' UR�IEKMANNIN 10 IMAGE01 FL -01-47332-2 . 06120/2001 0-142.13pm RECIPROCAL OVF-RFLOW PARKJNC, EAGEMEW, AGRESMEN-1 Page 1,1 of 13 00 1 xc-;R;P- Pa Gee I STATF- OF FLORIDA COUNTY GF PALM BE-ACH The foregoing instrumetit was k ne"'Iedged bef'ore me this j of geeeff"p, 6A6 by MUR)EL MANNING, who" is p'ersonallly knovwo to me. or 0 has produced a drivefs license as identification. x [SEAL] my "C St* of FAw UYTAGE01 FL -01-47332-Z 0612012001 05:42.-13ptn Page 12 of 13 ORB X 1. G22 P9 LEGAL DESCRIPTION PARCEiL-3 Aparf,-el of land in Section 30. Township 40 Soufh, Range 43 East, Palm Beach County, Florida, more Partfcularly described as follows: COMMence at a point in the West fire of said Section 30 at a diSlance of 1,004.75 fe!-et n0fth Of the sWhw8Gt comer thereof, said point being in the north right-of-way line of an 80 -foot proposed road and the point Of beginning of the herein described 108rCel Of land, thence continue nort�rly along said we,,qt line Of Section 30 a idiVance of 436 feet to a point, thence eastarty, nnoldng an angle of 90 degrees from south to, east, a distancp" of 300 fee'. tO a point; thence southedy, parallel to the said west line of Section 30 a distance of 465-82 feet to a point in the arc of a curve concave to the South the radius of whi I th is 1.540 feet and central angle of which is "! I degrees 13 minutes 55 seconds, sa d nt i poij being in the nodhorly fight -of -way line of the aforementioned proposed road, making an argfe of 78 degrees 31 n*utes 05 seconds from north to northwest to the tangent of said curve; thence northwesterly and westerly along the arC of Said curve a distance of 301.89 feet to a point of tangency; thence westerly aJong a line tangent to said curv-3 a d' -stance of 0. 17 feet, to the point of beginning. PARGE_L"C' of a Re-subcrwision of 2 portion of JUPITER IN THE PINES, Section "B", according to the plat thereof recorded in Plat Book 26. page 215, of the Public Records of Palm Beach County, Florida. MtSG K 13 T513-3 ALEGAt, EX.Ndae EXHIBIT"A" 'MAGEO I FL�0147332-2 06/2012ool 0-5:42:13pin I-EGAL DESCRIPTION Nge 13of 13 EIRB :t Gpp pq G190 DOROTHY K WIUEI� CLERK PR CUTy, FL M T"c" celta' Parcel of land descrithed as the 'Parking Area-, as is more partirularly descdbed in 1he Re -Subdivision of a Portion Of JUPITER IN THE PINES. Section B. a 3ubdivislon of Section 2.5, TOW1.3hip 40 South. Range 42 �East, Palm Beach CoujIly, Florld a, aS Shown in the plat ft -Mf recorded On JanyarY 27, 1961, in Plat Book 26, at Page 215. public records Of PaIM Beach COUnty, Florida. EXMW "B" Return to. (enclose self-addressed stamped envelope) Addie - OZ OF TEQUESTA, INC., a Florida 1" IF If 919911111111 If $111111#1 11111N 02/07/2003 oa:36:28 OR UK 14768 P6 0777 �'alffl Beach County, Flofjda astlelew 15:54*.49 2WW-V428W OR BK 14" PIS W*K PAIM beach CoUnty, Florida IN THE FIFTEENTH JUDICIAL CIRCUIT COURT, IN AND FOR PALM BEACH COUNTY, FLORIDA. CIVIL ACTION. CASE NO. CA 01-07778AW corporation, MURIEL G. MANNING, and LIGHTHOUSE CENTER FOR THE ARTS, INC., a Florida corporation, Plaintiffs, V. VILLAGE OF TEGUESTA, a municipal corporation, ADELE SCHULSEMEYER, an unmarried person, as Trustee, being the last surviving member of the fast Board of Directors of Vacatf on Homes, Inc., a dissolved Florida corporation, and VACATION HOMES, INC., a dissolved Florida corporation, Defendants. FINAL JUDGMENT This action was board after Plaintiffs Motion for Summary Final Judgment against Defendant, VILLAGE OF TEOUE5TA (TEQUESTK), and after PlainIffs Motion for Final Judgment Upon Oefault of Defendants ADELE SCHULSEMEYER, an unmarried person, as Trustee. beh)g the last surviving meamber of the last Board of Directors of Vacation Homes, Inc., a dissolved Florida corporation C'SCHULSEMEYEW), and VACATiON HOMES. INC., a dissolved Florida corporation (WACATION HOMES'). IT fS ADJUDG013 that: 1. Ptaintiffs, OZ OF TEQUESTA, INC., a Florida corporation, MURIEL G. MANNING, and LIGHTHOUSE CENTER FOR THE ARTS, INC., a Florida corporation, am //'�hp ownprq of the followina described real uroverty in Palm Beach Gounty, Florida: BOOK 14W4 PrAjE 09W Q0rQthY IL Wilkert, Clerk 10 'Parking Aree parcel of the Resubdivision of a pardon of JUPITER IN THE PINES, Section "B," according to the Plat thered recorded In Plat Book26, Page 215, Public Records of Palm Beach County, Florida. Plaintiffs title to the property is quieted against the claims of Defendants, TEQUESTAWsing from the quitclaim deed from TEQUESTA to Plaintiffs dated March 12, 1999 and recorded on Fetxuary23,2000, in Official Record Book 1162Z page691, public racords of Palm Beach County, Florida), SCHULSEMEYER (arising from the quitclaim dead from SCHULSEMEYER to Plaintft recorded on Novembei-7,1996, in Official Record Book 9519, page 37T, public records of Palm Beach County, Florida), and VACATION HOMES, INC,, a Florida corporation fadsfng from the plat recorded on January 27, 1961, in Plat Book 26 at page 215, public records of Palm Beach County, Floridal, and all other persons cialming under or against them, or any of them, since the filing of the lis pendens. ORDERED at West Palm Beach, Florida on this 4.,ayof August, 2002. Z �GN,?o Copies to: Eugene I— Shuey, Esquire GD3 Village Boulevard, Suile 302 West NIm Beach. FL 33409 Attorney for Plairrift John C. Randolph, Esquire Jones. Foster. Johnston & Stubbs, P.A. 506 S. Flagler Drive West, Palm Beach, FL 33401 Allamey I& Defendant Village of Tecluesta Wiffiam J. ftflenberger, Esquire I IT80 U.S. Highway One Suite 300 North Palm Eleach, FL 3340e Attorney for Defendants Adele Schulsemayer andVacation Homes, Inc. I hereby certify that the foregoing is a true copy of the record in my office this day, Jan 30, 2003. 00R0Tf-,j4Y,H. WI.LKF=N, Clerk of Court, Palm Beach County, Florida BY Deputy Clerk Y ADJUST FONT SIZE: + RESET 4�r10gACH COGL�e D O R.OT H YJAC K.5 CFA, AAS ~o �� Palm Beach County Property Appraiser We Value What You Value Select Language ♦ Website Search Q oin" Real -Property : Search by Owner Name(Last Name firs Search Classic PAPA * MyPAPA Print This Page ® Save as PDF Print Property Summary 2018 Proposed Tax Notice Property Detail 0 Owner Information * Sales Information " Exemption Information * Property Information Appraisals * Assessed and Taxable Values * Taxes Full Property Detail Property Detail Show Full Map ' .ocation TEQUESTA lddress DR Municipality TEQUESTA Parcel 60-42-40- Control 25-10-000- Number 0010 JUPITER lip IN THE Subdivision PINES SEC B RESUB IN Official` ' Records 29952 / ,r.-- ----� it Book/Page 664 �� . • Sale Date MAY-2018 RESUB OF A PORTION OFF Legal JUPITER Description IN THE PINES SEC B (PARKING AREA) Nearby Sales Search Owner Information Owner(s) LA VIA DI DIO LLC & LIGHTHOUSE GALLERY INC MANNING MURIEL G & Sales Information Change of Address Mailing Address 1844 CHURCH ST WEST PALM BEACH FL 33409 4102 A Sales Date Price OR Book/Page Sale Type Owner MAY -2018 $10 29952 / 00664 QUIT CLAIM LA VIA D1 DIO LLC & FEB -2000 $10 11622 / 00691 QUIT CLAIM OZ OF TEQUESTA INC .OTE: Sales do not generally appear in the PAPA database until approximately 4 to 6 weeks after the closing date. if a recent sale does not show up in this list, please allow more time for the sale record to be processed. Exemption Information No Exemption Information Available. Property Information Subarea and Sq. Footage for Building 0 Code Description Sq. Footage No Data Found. Number of Structural Element for Building 0 Portability Calculator Tangible Account(s) Sketch for Building 0 W Image Found Units 0 View Building Details: -otal Square 0 Feet* ,Acres 1.45 Property Use Code 9400 - R/W - BUFFER Zoning C"I - ( 60-TEQUESTA) May indicate living area in residential properties. Request Structural Details Change Appraisals . Show 5 year I Show 10 year Tax Year 2018 2017 2016 2015 2014 Improvement Value $0 $0 $0 $0 $0 Land Value $0 $0 $0 $0 $0 otal Market Value $0 $0 $0 $0 $0 Amount All values are as of January 1st each year Assessed and Taxable Values Taxable Value $0 $0 $0 Show 5 year I Show 10 year Tax Year 2018 2017 2016 2015 2014 Assessed Value $0 $0 $0 $0 $0 Exemption $1,582 $1,582 otal tax $1,919 $1,827 $1,661 $1,582 $0 $0 $0 $0 $0 Amount Taxable Value $0 $0 $0 $0 $0 Taxes Show 5 year I Show 10 year Tax Year 2018 2017 2016 2015 2014 Ad Valorem $0 $0 $0 $0 $0 Non Ad Valorem $1,919 $1,827 $1,661 $1,582 $1,582 otal tax $1,919 $1,827 $1,661 $1,582 $1,582 Property Tax Calculator Property Tax Detail Tax Collector 0 HOMEis CONTACT US — RECORDS CUSTODIAN Disclaimer: The information contained herein is for ad valorem tax assessment purposes only. 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