HomeMy WebLinkAboutAgreement_Easements_02/06/2009II~IIAI~~u~II~IIIINIII~~lnllllll~ll
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OR PK :~3Q-94 F'G 1890
RfiCORDEU 02/25/2Q109 08:52:32
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' PalA Beach County Florida
Record & Return
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illiams
Village Clerk UOC Stag 0. 7®
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~'illageofTequesta Sharon R. Bock~CLERK 8 GO?fPTROLLER
34S "I'eyuesta Drive
" Pgs 1890 -.1893; t 4pgs )
reyuesta, Florida 33469
EASEMENT
Utility Line Direct Bore Installation and Access for Service
THIS EASEMENT is executed this ~~ day of ~ ~/~ l/' , 2009, by CARRIAGE HOUSES
OF TEQUESTA, INC., whose address is 475 Tequesta Drive, Tequesta, Florida 33469, on behalf of the
Carriage House Owners and Corporation Members, as those terms are defined and used in the Declaration of
Condominium for the Can-iage Huuses of Tequesta recorded in the Public Records of Palm Beach County at
Official Records Book 965 Page 463, owners of the property described herein below, hereinafter referred to
as "Grantor", in favor of the VILLAGE OF TEQUESTA, a municipal corporation existing under the laws of
the State of Florida, whose address is 345 Tequesta Drive, Tequesta, Florida 33469, hereinafter referred to as
"Grantee.''
WITNESSETH
That Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00), along with
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does
hereby grant to Grantee, its successors and assigns, an exclusive perpetual easement over, across and under
the property located in Palm Beach County, Florida, particularly described and depicted on Exhibit "A"
attached hereto and made a part hereof (the "Easement Area"), to install as part of the Tequesta Drive Bridge
construction project, conduits and utility lines, including, but not limited to, electric, telephone, gas, water
and/or sewer (the "Facilities"), approximately 20 feet below the surface of the Easement Area via the process
of direct bore, and to maintain, repair and replace the Facilities from time to time within the Easement Area.
Grantor shall not grant any additional easement in, on, over, under or across the Easement Area,
without Grantee's prior written consent, which shall not be unreasonably withheld. Grantor shall not
interfere with Grantee's utilization and enjoyment of the Easement Area, including Grantee's access to
maintain, repair and replace the Facilities from time to time within the Easement Area.
Grantor represents and warrants to Grantee that Grantor's Members and Owners possess fee simple
title to the Easement Area, and that Grantor is authorized to execute this Easement on their behalf.
By acceptance of this Easement, Grantee covenants and agrees that, in connection with the direct
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bore installation, as well as the maintenance, repair and/or replacement of the Facilities, Grantee, at its own
cost and expense, shall be responsible for returning the Easement Area to its previously undisturbed state.
This Easement and the terms and conditions contained herein shall be deemed covenants running
with the land, and shall be binding upon the parties hereto and their successors and assigns.
IN WITNESS WHEREOF, the Grantor has executed this Easement as of the date first above written.
WITNESSES: GRANTOR:
Signed, sealed and delivered CARRIAGE HOUSES OF TEQUESTA, INC.
in the presence of:
i~ ~I By: ~,~
Y uzan Hamm, President
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STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this ~ day of ~2-~~:~-~~ , 2009, by
Suzanne Hamm, President of the Carriage Houses of Tequesta, Inc., on behalf of the Corporation, its Owners
and Members, who is personal mown to me -or- who has produced as
identification .
WITNESS my hand and official seal in the county ands state last aforesaid this ~~`~ day of
~~-trey , 2009.
Gl.,-~~ ~ ~L~G~
(seal) Notary Signature
NUTARY pC113LIC~S`fA'rL OF FI.Gii;:':~
...~. Karen L. I'a rce' f
,j Commission # 1)D82811
Expires: AUG. 08, 2010
DONll1:0'n1RII A7ZAN7TC 130NDING CO., INC.
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EXHIBIT "A"
LAND DESCRIPTION:
A PORTION OF SECTION 25, TOWNSHIP 40 SOUTH, RANGE 42 EAST AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF EL PORTAL (TEQUESTA DRIVE)
AS SHOWN ON THE PLAT OF JUPITER MANOR, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 12, PAGE 38 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA AND THE WEST LINE OF SAID SECTION 25; THENCE SOUTH 88'07'39" EAST, ALONG
SAID CENTERLINE, A DISTANCE OF 1,610.28 FEET; THENCE NORTH 01'52'21 " EAST, A
DISTANCE OF 60.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID
TEQUESTA DRIVE AS NOW LAID OUT AND IN USE AND TO THE POINT OF BEGINNING OF
HEREIN DESCRIBED PARCEL OF LAND; THENCE NORTH 73'40'22" EAST, A DISTANCE OF 64.03
FEET TO A POINT ON THE WEST LINE OF THE NORTHERLY PRONG OF THE LOXAHATCHEE
RIVER; THENCE SOUTH 26'11'49" EAST, ALONG SAID WEST LINE THROUGH THE FOLLOWING
TWO (2) COURSES, A DISTANCE OF 10.57 FEET; THENCE SOUTH 19'35'09" EAST, A
DISTANCE OF 11.47 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID
TEQUESTA DRIVE; THENCE NORTH 88'07'39" WEST, ALONG SAID NORTH RIGHT-OF-LINE, A
DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.016 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD.
BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF EL PORTAL, SAID LINE
BEARING SOUTH 88'07'39" EAST AND ALL OTHER BEARINGS BEING RELATIVE THERETO.
CERTIFICATION:
1 HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION
WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G17-6,
FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF
PROFESSIONAL SU VEYORS & MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA
STATUTES, AND I TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
UNLESS IT BEA THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA
LICE S SUR EYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR
INF MAT NAL ,, URPOSES ONLY AND IS NOT VALID.
WILBI?R~/ DIVINE
PROFESSIONAL LAND
LICENSE N0. 4190,
DATE: 02-OS-09
SURVEYOR & MAPPER
STATE OF FLORIDA
NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC
DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN
NO FIELD WORK, VIEWING OF THE SUBJECT PROPERY, OR MONUMENTS
SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION
SHOWN HEREON.
NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS,
ARC,ADIS
ARCADIS U.S., Inc.
2081VstaParkway re1:156iIssT-TOOOFaX:lssilss2a~si
Q West Palen Beads, Florida 334t 1 www.arcadis-us.com
~NaJECr MANA(~]i DEPARTMENT MANAGER ScAIE:
w.F.D. P.c.w. ~' = 20'
SKETCH OF DESCRIPTION
UTILITY EASEMENT
SHEEP ~ OF 2
02-05-09
'ROJECT NUMBER
WF14300
W.F.D.
DRAWN BY
JAF.
DRAWING NUMBER
WF14300~D02
• EXHIBIT "A"
SKETCH TO ACCOMPANY DESCRIPTION.
THIS IS NOT A SURVEY!
C/L - CENTERLINE
(P.) - PST WEST LINE OF
P.B. - PLAT BOOK THE NORTHERLY PRONG
PGS. - PAGES OF THE LOXAHATCHEE RIVER
P.O.B. - POINT OF BEGINNING
P.O.C. - POINT OF COMMENCEMENT
R/W - RIGHT-OF-WAY
6'~ •~3~
?;oRTH ,~/w ~ '~ N88'07'39"W 70.00'
TEQUESTA DRIVE ~ \
.O.B.
~;
INTERSECTION OF THE °'
WEST LINE OF SECTION ~! ~j
25-40-42 AND C/L OF
EL PORTAL (P.B. 13, PG. 38)~'
N~
~ TEQUESTA DRIVE
^,
(EL PORTAL) z SCALE: 1" = 20'
I
S88'07'39"E 161028' ~
"' ~C/L OF EL PORTAL
PER (P.B. 13, PG. 38)
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WEST LINE
SEC. 25-40-42
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~ PROJECT MANAGER I DEPAATMfNT MANAGER
W.F.D. P.C.W. I SCALE:
1' = 20' ~ CHECKED BY
W.F.D.
ARCADIS SHEET TfILE
SKETCH OF DESCRIPTION I DAZE:
' o2~s-oB i DRAWN BY
j JAF.
ARCADIS U.S., Inc. ~ UTILITY EASEMENT PROJECT NUMBER , DRAWING NUMBER
~ 2681 vista Parkway -e~:lsotlss~-»oo FaX ;sst~ss~-l~si WF14300 ~ WF14300SD02
Q West Palm Beach, Fonda 33411 ~ww.arcadis-us.com ~ SHEET 2 OF 2 j
b1kiE iir: FLORIDA • PALM BEACH COUNTY
I hereby certify that the
~~~ foregoing is a true copy
^~ yb~'the recor i my office.
THIS-~ `DAY OF
SHARON R. BOC
b COM LLER
---- TY a-J~RK
