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Home My WebLink AboutAgreement_General_10/9/2019_Chin F. Chen and Linda M. Pao 1 11111111M11111 11111111111111 111111111111 CFI-4 20190383.2:46 OR BV-, 3.0964 PG 1 497 RECORDED 10/18/2019 08:53:30 Record&Reture To: AMI 10.00 Kota w.Davis.Esq. Doc Stamp 0.70 Davis&Ashton,P.A. Palm Beach Counts, Ruda 701 Nur thpaiat Parkway,Suite 205 Sharon R. BackteLERK COIIPTROLLER West Paha Beath,Merida 33407 P5S 1497 - 15001 t TEMPORARY CONSTRUCTION ACCESS AND USE EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, CHIN F. CHEN and LINDA At PAO, as individuals, whose mailing address is 474 Tequesta Drive, Tequesta, Florida 33469, hereinafter referred to as "Grantors", owners of the property described hereinbelow, (Street Address: 474 Tequesta Drive, Tequesta, Florida 33469), and the undersigned, 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 the 41tillage", for and in consideration of the sum of l EN DOLLARS AND NO/100 ($10.00)„ receipt of which is hereby acknowledged, plus specific commitments made herein and other good and valuable consideration, DO HEREBY AGREE to this non-exclusive Tempormy Construction Access and Use Easement, for the purposes of construction mobilization and construction activity associated with the installation and maintenance of a lift station that is essential to the support of the Village's existing sewage removal system and allowing the Village,its agents and employees,access to the temporary construction easement area for matters related to the installation of such lift station. The Temporary Construction Access and Use Easement is located within the following described land owned by Grantors and lying and being situated in Palm Beach County,Florida,to wit See Exhibit"A"attached hereto for complete legal description and sketch. IT IS EXPRESSLY COVENANTED AND AGREED,that this easement grants the Village, its agents and employees, the temporary authority to access and enter upon the easement area for the purposes of construction mobilization and construction activity associated with the installation of the Village's lift station adjacent to the easement area. FURTHERMORE, IT IS EXPRESSLY COVENANTED AND AGREED that this Temporary Construction Access and Use Easement does in no way convey the fee simple title to this property nor shall it be intended to be construed as dedication of the area for public use, but is only a Temporary Construction Access and Use Easement for the uses and purposes stated herein. Upon the completion of the lift station installation adjacent to the easement area, and written acceptance of same by the Lexahatchee River Environmental Control District, all rights, titles, and interests herein granted shall be released to the Grantors,their successors and/or assigns in title, The Village shall be responsible for restoring the easement area to its original state (but Page 1 of 3 1 : 1 . considering the existence of the new lift station) upon completion of the lift station installation project. Thereafter, upon release of this easement, the Village shall have no further responsibility regarding the installation, maintenance or use of the lift station, but rather, the Loxahatchee River Environmental • Control District shall assume responsibility for the use and maintenance of same, including the need for any permanent utility easements as determined by and between the Grantor and the Loxahatchee River Environmental Control District. The. Village- shall indemnify and hold harmless Grantors from any and all damages or causes of action of any kind whatsoever that arise out of the Village's (including the Village's officers, employees, agents and invitees), use of the temporary easement. The Village's liability shall be limited to the amounts set forth in See. 768.28, Florida Statutes, including limits on. the provision of attorney's fees. .•• Nothing contained herein shall be construed as the Village's consent to be sued, or as a waiver of the Village's sovereign immunity beyond the waiver provided in Sec. 768.28, Florida Situates. The Village's liability obligation shall terminate upon release of this easement. • IN WITNESS WHEREOF, the Grantors and the illage have hereunto caused this Easement Agreement to be signed on this F( day of Oil ,2019. . Signed, Sealed,and Delivered Owner/Gr itor in,the presence of: _.– 5,7 ../ . _Idli.A . - v •, ... ; I, 11 1 Chin F. Chen • 1 ( ' ' r•4 Witness STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) IVEID : The foregoing instrument was acknowledged before me this nay of — L-. 61 , 2019 by Chin F. Chen, owner of the above-described property, who is personally known to me or who has produced a valid driver's license as identification and wh(614id not take an oath. 1:. 4 ' (Seal) -‘ ' 1 ?L . 1" • ALYCE FAYE TOWNS ': Notary Public 1*. S Y , ..:a FAY COMMISSION#GG 079784 State of Florida :11 1-.- • - ta th,•ZI EXPIRES:Mach 31,1021 : Page 2 of 3 -•.„grs." Bowed iluu Notary NW Underwrilas Signed,Sealed,and Delivered Owner/Grantor: in the presence of: Witness Linda M. Pao Jr ,Il Is Witness STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this Cwt day of Q4'', 2019 by Linda M. Pao, owners of the above-described property, who is personally known to me or who has produced a valid driver's license as identification and who did/did not e an oath. eal) EWA LLEWIS-MLGRAOY s, BIG tom+— (.L "4'/+'+l i• Notary Public•State of Florin ' Notaty Public My Commission, . es Apr iia 2022 State of Florida VVV Bonded thio uth National Notary Assn. Attested to.: „�++++++�+ +d,,,, Village: Lori McWilliams,Vitiage Cle& SIAL 1A 3Q.rem Alien +ucl.�;I,N�0 RATT0, _ )tt1a e_ Aante_r E. 19,,•,:4R- STATE 9 STATE OF FLORIDA ) , ,,, )ss: COUNTY OF PALM B EACH ) Jeremy t l& The foregoing instrument was acknowledged before me this /Oday of._C)c-/ h v, 2019 by viil e,,3j '„ Village of Tequesta, a Florida Municipal Corporation, who is personally d known to me or who has produced a valid driver's license s identification and who did/did not take an oath. 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