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Home My WebLink AboutAgreement_Easements_03/05/2009 ii~~~~~o~u~~i~iii~a~~~~~i~~ C:FN 2Q1Q19QIQ184853 CtR PK 23123 >,G 1988 RECORDED 03/13/2009 09:24:55 Record & Return To: Paln Beach Caunty, Florida Lori McWilliams Sharan R. Back - CLERK 8 CO?1PTROLLER Village Clerk Pgs ]988 - 1991; t 4pgs ) Village of Tequesta 345 Tequesta Drive Tequesta, Florida 33469 EASEMENT Utility Line Direct Bore Installation and Access for Service ,>: THIS EASEMENT is executed this 5 day of /Yl9RG i-/ 2009, by WHITEHALL ASSOCIATION, INC., whose address is 478 Tequesta Drive, Tequesta, Florida 33469, on behalf of the Whitehall Private Dwelling Owners, as those terms are defined and used in the Declaration of Condominium for the Whitehall Condominium Apartments recorded in the Public Records of Palm Beach County at Official Records Book 1318 Page 82, owners of the property described hereinbelow, 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, anon-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 fi-oln time to time within the Easement Area. Grantee is aware of the drainage easement previously granted to Palm Beach County, as recorded in Official Records Book 1242, at Page 577 of the public records of Palm Beach County, Florida, for the installation and maintenance of storm water drainage and agrees to coordinate all activities within the easement area with Palm Beach County. 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 Private Dwelling Owners possess fee -1- 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 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 as well as any other facilities located in the Easement Area by virtue of other grants of easement or by placement by Grantor, to their previously undisturbed state. Grantee hereby indemnifies Grantor from and against all claims, demands, liabilities, losses and damages arising by reason of, or relating to, any use of the Easement, including, without limitation, those arising from or relating to personal injury, and agrees to defend Grantor against same, including costs and attorneys' fees of any action brought against Grantor. 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: Signed, sealed and delivered in the presence of: rint: EFF2t ~ ~n P int: gPr2b Tq (Z STATE OF FL.O(z r~vq COUNTY OF PAS gF~H GRANTOR: WHITEHALL ASSOCIATION, INC. By: Ray and Bushnell, President 2 The foregoing instrument was acknowledged before me this S day of H19~ZCf~, 2009, by Raymond Bushnell, President of the Whitehall Association, Inc., on behalf of the Corporation, and its Private Dwelling Owners, who is personally known to me -or- who has produced as identification . iL WITNESS my hand and official seal in the county ands state last aforesaid this ~ day of ~,¢c Fr , 20o9,~~ttttniirrrn,~ .~`~~QFP~y' N 'DAVF9 ~''~. (seal) - ~ ~ oo°e`y 20 ?~aA9c`"n _ a ~* : ~.~ :* %y': #DD 744597 ; ~,Q' N ary Signature -2- EXHIBIT "A" LAND DESCRIPTION: A PORTION OF PARCEL NO. 2, JUPITER MANOR, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 38 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING WITHIN 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 SAID PLAT AND THE WEST LINE OF SAID SECTION 25; THENCE SOUTH 88'07'39" EAST, ALONG SAID CENTERLINE, A DISTANCE OF 1 ,619.40 FEET; THENCE SOUTH 01'52'21 " WEST, A DISTANCE OF 15.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SAID EL PORTAL (TEQUESTA DRIVE) AND TO THE POINT OF BEGINNING OF HEREIN DESCRIBED PARCEL OF LAND; THENCE SOUTH 88'07'39" EAST, ALONG SAID SOUTH RIGHT- OF-WAY LINE, A DISTANCE OF 60.00 FEET TO A POINT ON THE WEST LINE OF THE NORTHERLY PRONG OF THE LOXAHATCHEE RIVER; THENCE SOUTH 27°08'58" WEST, A ALONG SAID WEST LINE, DISTANCE OF 1 6.59 FEET; THENCE NORTH 72° 18'05" WEST, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.010 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: I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61 G17-6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNL IT BE S THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LIC NS SU EYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR IN ORMA ONA PURPOSES ONLY AND IS NOT VALID. LBU F1" DIVINE 'OF SIONAL LAND SURVEYOR & MAPPER SE N0. 4190, STATE OF FLORIDA DATE: 02-05-09 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, RESTRICTIONS, RIGHTS-OF-WAY AND EASEMENTS OF RECORD. ~ PROJECT MANAGER OEPARfMENT MANAGER SCALE: CHECKED BY W.F.D. P.C.W. 1' = 20' W.F.D. ARCADI S ro a SHEET TITLE SKETCH DATE: 02-05-09 DRAWN BY J.A.F. ~ ARCADIS U.S., Inc. m OF DESCRIPTION UTILITY EASEMENT PROJECT NUMBER DRAWING NUMBER 2081 Vista Parkway Tel: (567) 697-7000 Fax: (561) 697-7751 WF14300 WF14300SD01 Q West Palm Beach, Florida 33411 www.arcadis-us.com SHEET ~ OF 2 EXHIBIT "A" LEGEND: SKETCH TO ACCOMPANY DESCRIPTION. C/L - CENTERLINE THIS IS NOT A SURVEY! (P.) - PLAT P.B. - PLAT BOOK PGS. - PAGES P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT R/W - RIGHT-OF-WAY SCALD : , '. - 20' wl 0 0 of 0 Z ~ P.0.6. w INTERSECTION OF THE WEST LINE ~ ~ OF SECTION 25-40-42 AND C/L OF EL PORTAL (P.B. 13, PG. 38) w W TEQUESTA DRIVE (EL i ~ PORTAL U C/L OF EL PORTAL X O PER (P.B. 13, PG. 38) ~ J ~_ (BEARING BASE ca S88'07'39"E 1619.40 -~? -- - - ~ SO 1'52'21 "W _/~~ ' I ~ 15.00 i -' - - - _ _ / S88'07'39"E 60.00' -o`no ~/ SOUTH R/W P•~•B• N7?• 18 0 N N TEQUESTA DRIVE 0$'~,V (EL PORTAL) 5500' PARCEL N0. 2 ::: i ::} `. ::} r'` ... r'.: :. .... ., ..-.... .. .. . .. ti .:: ~....... ... .. .. ..... WEST LINE SEC. 25-40-42 - - - - o~ ~<v ~pZ\CV~ v Q ~- <v~~~v ~~ ~h~~ ~VZ 2~~~~- ~ o ~~~~ 0 Y PROJECT MANAGER DEPARTYENi WNAGER SCALE: CHECKED 8Y ARCADIS W.F.D. P.G.W. ~~ = 20' W.F.D. SHEEP nn.E DATE: I DRAwN er o SKETCH OF DESCRIPTION oz-os-o9 JAF. ARCADIS U.S., Inc. m UTILITY EASEMENT PROJECT NUMBER oRAWRrc NUMBER .9 a Pancnay ~ i56' 597-7000 Fax: (561)697-7151 ~~ 2 OF 2 wF143oo ~ WF14300tiSD01 U: s~ ?a~n 3aacn. =enaa 3r," .. row arcaais~s.Gpn bl~+ii Tit tLtGRiJA • {'ALiV! IitAG(i (.'Ui)NIY I hereby certify that the ~ ' ~ foregoing is a true copy the record in my off~ce. ~.~ • . '.t • • • `,. ' THI~!~! DAY OF~~ 20~ ' SHARON R. 90CK LE COPJIf TR fiy-- ------ ' r`FRK