HomeMy WebLinkAboutAgreement_Easements_12/16/2019_777 US Highway 1, LLCHeturn to: (enclose self-addressed stamped envelope)
Name:
Address:
I ItiIN iilll iilli lli�i lliii lllii lllll illl fill
Record & Return To:
Keith W. Davis. Esq.
Davis & Ashton, P.A.
701 Northpoint Parkway, Suite 205
West Palm Beach, Florida 33407
0 U 1` K 3 1 1 4:'5' !_5F' G 1. 1. tag
RECORDED 01/17 2302ii Il?: -y* V 1
iah1T 1ii.fjf}
Doi_ St:a,nip 0.70
I'altn Bea,_h i ourlt-jr Florida
Sharon R. Lo krCt_ERfi &l0h1PTROLLEh
Pss 1515 - 15101 (FIp351
GRANT OF A FIVE -BY -TEN FOOT (5' x 10') PERMANENT UTILITY AND MAINTENANCE
ACCESS NON-EXCLUSIVE EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, 777 US Highway 1, LLC,
whose address is 3309 Northlake Boulevard, Suite 201 Palm Beach Gardens, Florida 33403 hereinafter
referred to as the "Grantor", owner of the property located on U.S. Highway 1, between Palm Court and
Harbor Road (PCN No. 60-43-40-30-02-005-0010), described herein -below, for and in consideration of the
sum of TEN DOLLARS AND NO/100 ($10.00) and other good and valuable consideration, receipt and
sufficiency of which is hereby acknowledged, DO HEREBY GRANT unto the Village of Tequesta, a
municipal corporation existing under the laws of the State of Florida, whose address is 345 Tequesta Dr.,
Tequesta, Florida 33469, hereinafter referred to as the "Village", a five -by -ten foot (5' x 10') non-exclusive
permanent utility and maintenance access easement ("Easement") to allow the installation, use, and
maintenance of one (1) fire hydrant assembly that is essential to the upgrade of the Village's existing water
distribution system and to allow the Village, its agents and employees, access to the said five -by -ten foot (5' x
10') non-exclusive permanent utility and maintenance access easement for matters related to the installation,
use, maintenance and necessary repair of such fire hydrant assembly, said five -by -ten foot (5' x 10') non-
exclusive permanent utility and maintenance access easement being specifically located within the following
described land lying and being situated in Palm Beach County, Florida ('-'the Land"). to wit:
See Exhibit "A" dated October 2019, attached hereto for sketch and legal description of the
five -by -ten foot (5' x 10') non-exclusive permanent utility and maintenance access easement.
IT IS EXPRESSLY COVENANTED AND AGREED, that this non-exclusive Easement grants the
Village, its agents and employees, the authority to access and enter upon the five -by -ten foot (5' x 10') non-
exclusive permanent utility and maintenance access easement area to install, construct, operate, and maintain
the fire hydrant assembly and to operate, maintain, service, construct, reconstruct, remove, relocate, repair,
replace, improve, expand, and inspect the fire hydrant assembly in, on, over, under and across the five -by -ten
foot (5' x 10') non-exclusive permanent utility and maintenance access easement all as more particular set
forth on Exhibit "A" at the sole cost and expense of the Village.
The granting of this Easement in no way conveys the fee simple title to the property nor shall it be
intended to be construed as dedication of the area for public use, or any other use by any other persons or
entities, but is only a grant of utility and maintenance access easement for the uses and purposes stated herein.
Nothing herein shall prevent the Grantor from the full use and enjoyment of the above -ground Easement area,
including but not limited to irrigation, plumbing, fencing, landscaping, trees, gardens or lawn, provided it does
not damage the Village's fire hydrant assembly. In the event that the parcel of property described herein is no
longer necessary for use by the Village as a utility and maintenance access easement as stated above, all
rights, titles, and interests herein granted shall be released to the Grantor, their successors and/or assigns in
title, by Quit Claim Deed or other means of marketable Release or Transfer. The Village shall be responsible
for restoring the property to its original state upon completion of the fire hydrant installation project.
Thereafter, the Grantor shall be responsible for the general maintenance of the above -ground area owned by
the Grantor which is subject to the grant of this easement. Should the property be damaged due to the use of
this Easement by the Village, its agents and/or employees for the purposes set forth herein, the Village shall
restore the property to its original state at its own expense.
Grantor may, at its option, relocate the Easement and or any other improvements thereon, to an
alternative location on the Land. Any such relocation shall be undertaken at the sole expense of the
Grantor, and Grantor shall comply with the requirements of the Village and any other governmental
agencies having jurisdiction. In the event of relocation, the parties shall execute and record an appropriate
amendment to this grant of easement agreement, or enter into a substitute easement agreement, reflecting
the new location of the non-exclusive Easement.
The Village shall indemnify and hold harmless Grantor from any and all damages, loss or expense or
causes of action, including reasonable attorneys' fees and costs, that arise out of the Village's (including the
Village's officers, employees, agents and invitees), use of the Easement. The Village's liability shall be
limited to the amounts set forth in Sec. 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 Statutes.
THIS EASEMENT IS SUBJECT TO all existing conditions, covenants, dedications, easements,
restrictions and reservations of record.
IN WITNESS WHERE F, the Grantor have hereunto caused this Grant of Easement Document to
be signed on this � day of � , 2019.
/Siggneeal and Delivered in the presence of:
cti- v�cyvls Grantor:
ay 1, L77U
Baid Bard, Manager
Witness
(8495333.PDF: )
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me this Lday of i�' 6Cf& , 2019 by
Gerald Bartl, the registered agent of the owner 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 take an oath.
(Seal) o DEBRAS.DALY
? ' `' commission # GO 22W
9eptembfr 19, 2022
No Public, S to of F r' a
a` EzpirAs
tot row 11 WTr+ �1'
,8495333TDF: }
Exhibit A
Legal Description and Sketch
-3-
{8495333.PDF: }
DESCRIPTION & SKETCH
PREPARED FOR:
777 US HIGHWAY 1, LLC
5'x10' UTILITY EASEMENT
LEGAL DESCRIPTION
A 5 FOOT BY 10 UTILITY EASEMENT, LYING IN A PORTION OF LOT 9, BLOCK 5, AS SHOWN ON THE PLAT OF
JUPITER HEIGHTS, RECORDED IN PLAT BOOK 23, PAGE 69, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, THE CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 9: THENCE SOUTH 730 09,23" WEST ALONG
THE SOUTH LINE OF SAID LOT 9, A DISTANCE OF 27.87 FEET TO THE POINT OF BEGINNING OF THE
HEREINAFTER DESCRIBED CENTERLINE: THENCE DEPARTING SAID SOUTH LINE, NORTH 160 50'37" WEST,
A DISTANCE OF 5.00 FEET TO THE POINT OF TERMINUS.
5'x10'UTILITY EASEMENT
POINT OF TERMINUS
N160 50'37"W
5.00'
ROB
NP
LOT 9, BLOCK 5
JUPITER HEIGHTS
P.B. 23, PG. 69
� 9
SOU�\A wE,�-O
a 3
P� S
RO
, P.O.C.
SOUTHEAST CORNER
LOT 9, BLOCK 5
SURVEYOR'S NOTES:
1. THIS DRAWING IS NOT A SURVEY.
2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE.
3 THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION.
THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER.
4. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY LIDBERG LAND SURVEYING, INC.
5. DATE OF LEGAL DESCRIPTION: OCTOBER 16, 2019
LIDBERG LAND SURVEYING,
BY: D . CIDBERG` YER
PRO SSIONAL SURVAND MAPPER
FLORIDA CERTIFICAT3613
LID�BERG LAND
SURVEYING, INC.
LB4431 6
Ji
ABBREVIATIONS:
POB POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
ORB = OFFICIAL RECORD BOOK
CAD. K:\UST \ 304043 \ JUPITERHEIGHTS \ 19-091-303 \ 19-091 \ 19-091.DGN
REF.
FLO.
OFF. L.J.C.
CKD. D.C.L.
FB. PG. I JOB
DATE
SHEET 1 OF 1I
DWG.
19-091-303
10/16/19
A19-091
K:\UST\304043\JUPITER HEIGHTS\19-091-303\19-091\19-091.dgn 10/29/2019 8:14:44 AM
Return to: (enclose self-addressed stamped envelope)
Name
Address:
111111111111111111111111111111111111111111111
Record & Return To:
Keith W. Davis. Esq.
Davis & Ashton, P.A.
701 Northpoint Parkway, Suite 205
West Palm Reach, Florida 33407
RECORDED 01.11 r ;'2020 08.24:51
ANT 111,1i0
Doc Stamp O.Al
F'alm Beach Countar Florida.
Sharon R. Back,C:LERf: COMPTROLLER
F'9s 11120 - 15241 (5pasi
GRANT OF A SIX -BY -SIX FOOT (6' x 6') PERMANENT UTILITY AND MAINTENANCE
ACCESS NON-EXCLUSIVE EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, 777 US Highway 1, LLC,
whose address is 3309 Northlake Boulevard, Suite 201 Palm Beach Gardens, Florida 33403 hereinafter
referred to as the "Grantor", owner of the property located on U.S. Highway 1, between Palm Court and
Harbor Road (PCN No. 60-43-40-30-02-005-0010), described herein -below, for and in consideration of the
sum of TEN DOLLARS AND NO/100 ($10.00) and other good and valuable consideration, receipt and
sufficiency of which is hereby acknowledged, DOES HEREBY GRANT unto the Village of Tequesta, a
municipal corporation existing under the laws of the State of Florida, whose address is 345 Tequesta Dr.,
Tequesta, Florida 33469, hereinafter referred to as the "Village", a six -by -six foot (6' x 6') non-exclusive
permanent utility and maintenance access easement ("Easement") to allow the installation, use, and
maintenance of one (1) water meter that is essential to the upgrade of the Village's existing water distribution
system and to allow the Village, its agents and employees, access to the said six -by -six foot (6' x 6') non-
exclusive permanent utility and maintenance access easement for matters related to the installation, use,
maintenance and necessary repair of such water meter, said six -by -six foot (6' x 6') non-exclusive permanent
utility and maintenance access easement being specifically located within the following described land lying
and being situated in Palm Beach County, Florida ("the Land"), to wit:
See Exhibit "A" dated October 2019, attached hereto for sketch and legal description of the six
by -six foot (6' x 6') non-exclusive permanent utility and maintenance access easement.
IT IS EXPRESSLY COVENANTED AND AGREED, that this non-exclusive Easement grants the
Village, its agents and employees, the authority to access and enter upon the six -by -six foot (6' x 6') non-
exclusive permanent utility and maintenance access easement area to install, construct, operate, and maintain
the twelve inch (12") water meter and to operate, maintain, service, construct, reconstruct, remove, relocate,
repair, replace, improve, expand, and inspect the water meter in, on, over, under and across the six -by -six foot
(6' x 6') non-exclusive permanent utility and maintenance access easement all as more particular set forth on
Exhibit "A" at the sole cost and expense of the Village.
The granting of this Easement in no way conveys the fee simple title to the property nor shall it be
intended to be construed as dedication of the area for public use, or any other use by any other persons or
entities, but is only a grant of utility and maintenance access easement for the uses and purposes stated herein.
Nothing herein shall prevent the Grantor from the full use and enjoyment of the above -ground Easement area,
including but not limited to irrigation, plumbing, fencing, landscaping, trees, gardens or lawn, provided it
does not damage the Village's water meter. In the event that the parcel of property described herein is no
longer necessary for use by the Village as a utility and maintenance access easement as stated above, all
rights, titles, and interests herein granted shall be released to the Grantor, their successors and/or assigns
in title, by Quit Claim Deed or other means of marketable Release or Transfer. The Village shall be
responsible for restoring the property to its original state upon completion of the water meter installation
project. Thereafter, the Grantor shall be responsible for the general maintenance of the above -ground area
owned by the Grantor which is subject to the grant of this easement. Should the property be damaged due
to the use of this Easement by the Village, its agents and/or employees for the purposes set forth herein,
the Village shall restore the property to its original state at its own expense.
Grantor may, at its option, relocate the Easement and or any other improvements thereon, to
an alternative location on the Land. Any such relocation shall be undertaken at the sole expense of
the Grantor, and Grantor shall comply with the requirements of the Village and any other
governmental agencies having jurisdiction. In the event of relocation, the parties shall execute and
record an appropriate amendment to this grant of easement agreement, or enter into a substitute
easement agreement, reflecting the new location of the non-exclusive Easement.
The Village shall indemnify and hold harmless Grantor from any and all damages, loss or
expense or causes of action, including reasonable attorneys' fees and costs, that arise out of the Village's
(including the Village's officers, employees, agents and invitees), use of the Easement. The Village's
liability shall be limited to the amounts set forth in Sec. 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 Statutes.
THIS EASEMENT IS SUBJECT TO all existing conditions, covenants, dedications, easements,
restrictions and reservations of record.
IN WITNESS WHEREOF, the Grantor have hereunto caused this Grant of Easement Document
to be signed on this day ofobec, 2019.
and Delivered in the presence of:
Grantor:
777 US fliAway 1,
Bard, Manager
(8495336.PDF: )
Witness
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me this&day o��Pt�x , 2019 by
Gerald Bartl, the registered agent of the owner 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 no take an oath.
(Seal) DEBRAS.DALY '�
? Notary ublic, tate f Florida
Commission # GG 220357
o� Expires 8sptomb4(19, 2022
CEO/ 1:0�� "Mw t% k4m k%ay Barites
{8495336.PDF: }
DESCRIPTION & SKETCH
PREPARED FOR:
777 US HIGHWAY 1, LLC
6'x6' UTILITY EASEMENT
LEGAL DESCRIPTION
A 6 FOOT BY 6 UTILITY EASEMENT, LYING IN A PORTION OF A 40 FOOT WIDE ABANDONED
RIGHT OF WAY, AS DESCRIBED IN OFFICIAL RECORD BOOK 2608, PAGE 1709, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, THENCE CENTERLINE BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 5,AS SHOWN ON THE PLAT OF
JUPITER HEIGHTS, RECORDED IN PLAT BOOK 23, PAGE 69, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA; THENCE SOUTH 730 09'23 WEST, A DISTANCE OF 40.00 FEET; THENCE
SOUTH 160 50'37" EAST ALONG THE WEST LINE OF SAID ABANDONED RIGHT OF WAY, A DISTANCE
OF 43.05 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED CENTERLINE; THENCE
DEPARTING SAID WEST LINE, NORTH 730 09'23" EAST, A DISTANCE OF 6.00 FEET TO THE POINT
OF TERMINUS.
SURVEYOR'S NOTES:
1. THIS DRAWING IS NOT A SURVEY.
2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE.
3 THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION.
THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER.
4. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY LIDBERG LAND SURVEYING, INC.
5. DATE OF LEGAL DESCRIPTION: OCTOBER 16, 2019
LIDBERG LAND SURVEYING,
BY: D 9 &CIQ$�k(;" ` v
P FESSIONAL SURVEYO AND MAPPER
FLORIDA CERTIFICATE . 3613
JL�LIDBERG LAND
SURVEYING, INC.
675 West Indiontown Rood, Suite 200,
LB4431 _- ci ,: —1— 111 ccr_—_—A
ABBREVIATIONS:
POB = POINT OF BEGINNING
POC - POINT OF COMMENCEMENT
ORB = OFFICIAL RECORD BOOK
CAD. K \UST \ 304043 \ JUPITERHEIGHTS \ 19-091-303 \ 19-091 \ 19-091.DGN
REF,
FLD. - FB. PG. JOB 19-091-303
OFF. L.J.C. DATE 10/16/19
CKD. D.C.L. SHEET 1 OF 2 DWG. A19-091
K:\UST\304043\JUPITER HEIGHTS\19-091-303\19-091\19-091.dgn 10/29/2019 8:12:31 AM
DESCRIPTION & SKETCH
PREPARED FOR:
777 US HIGHWAY 1, LLC
6'x6' UTILITY EASEMENT
co�R�
\,--- P.O.C.
P`M oo,
P 4�
NORTHWEST
CORNER
�92� W
HOEIGHTBIOCK
P B.
5,
23,JPGITER
69
S13°
,
WESTERLY PROLONGATION,
\ SOUTH LINE OF PALM COURT &
\ NORTH LINE OF ABANDONED
RIGHT OF WAY
\ O.R.B. 2608, PG. 1709
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\
\
w
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C O
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40' RIGHT OF WAY
\ ABANDONED IN
\ O.R.B. 2608, PG. 1709
-POINT OF TERMINUS
P.O.B.-- - i (3`
N730 09\23"E
6.00' \
ABBREVIATIONS:
POB - POINT OF BEGINNING
POC • POINT OF COMMENCEMENT
ORB , OFFICIAL RECORD BOOK
jh�LLLIDBERG LAND
SURVEYING, INC.
LB4431 675 West Indiontown Rood, Suite 200,
Jupiter, Florida 33458 TEL. 561-746-8454
\
6'x6'UTILITY EASEMENT
10'FLORIDA POWER &
LIGHT COMPANY EASEMENT
O.R.B. 2608, PG. 1712
CAD. K \UST \ 304043 \ JUPITERHEIGHTS \ 19-091-303 \ 19-091 \ 19-091.DGN
REF.
FLD. - FB. PG, JOB 19-091-303
OFF. L.J.C. DATE 10/16/19
CKD. D.C.L. SHEET 2 OF 2 DwG. A19-091A
KAUST\304043\JUPITER HEIGHTS\19-091-303\19-091\19-091.dgn 10/29/2019 8:12:38 AM
Record & Return To:
Lori McWilliams, Village Clerk
Village of Tequesta
345 Tequesta Drive
Tequesta, Florida 33469
BILL OF SALE
Water Main System
KNOW ALL MEN BY THESE PRESENTS that 777 US HIGHWAY 1, LLC, owner of the
property located on U.S. Highway 1, between Palm Court and Harbor Road (PCN No. 60-43-40-30-02-005-
0010), informally known as the "Austrade Site" hereinafter referred to as the "Grantor", for and in
consideration of the sum of Ten and No/100 Dollars ($10.00), along with other good and valuable
considerations to it paid by the VILLAGE OF TEQUESTA, hereinafter referred to as the "Village," the receipt
and sufficiency of which is hereby acknowledged, has granted, bargained, sold, transferred, set over and
delivered, and by these presents does grant, bargain, sell, transfer, set over and deliver unto the Village, its
successors and assigns, all those certain goods and chattels described as follows:
Water Main System: 6 +/- LF 4" DIP water main, 2 fire hydrants, and 156 +/- LF of 6" DIP
water main along with applicable fittings, bends and appurtenances located on the Grantor's
property and within public rights -of -way described above, as identified in the Water &
Wastewater Plan attached as Exhibit "A."
TO HAVE AND TO HOLD the same unto the Village, its successors and assigns forever.
And the Grantor, for itself and its successors, hereby covenants to and with the Village, its successors and
assigns, that it is the lawful owner of the said goods and chattels, that they are free from all liens and
encumbrances, that Grantor has good right to sell same as aforesaid, and that it will warrant and defend same
against the lawful claims and demands of all persons whomever.
IN WITNESS WHEREOF, the Grantor and Village have caused this Bill of Sale to be executed as of
the day and year first written above.
WITNESSES: 777 US HIGHWAY 1, LLC:
Signed, sealed and delivered
in the presence of
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of &aC&-( = 71.2019, by
, who is personally known to me -or- who has produced
as identification.
(NOTARY SEAL)
D€BM S. DALY
�•••�
6ifirt� II Db 220357
iiRtiMb& 19, 2022
d
I'Fpp �bi�
gvd�3 Titu 6AgM kotary Services
DEBRA S. DALY
=
Conxmls & M GG 220357
E*kes September 19, 2022
� E:.f f :�E
ti�flA+ iin. a�sx ha:-, sanrzs
01 y
Public
Print Name:
My commission expires:
Page l of 2
WITNESSES:
Signed, sealed and delivered
in the presence of:
I
STATE OF FLORIDA
VILLAGE OF TEQUESTA:
By:
COUNTY OF PALM BEACH CY4—
N%qD
The foregoing instrument was acknowledged before me this day of , ��by
-J-9X , who is personally known to me -or- who has produced
as identification.
(NOTARY SEAL)
LORI MCWILLIAMS
_�• =Commission # GG 004067
p; Expires October 18, 2020
8on6d Thru Troy Fain Inwrna M365.7019
Notary Public I
Print Name: �,y l u,i111116LA'L S
My commission expires:
Page 2 of 2
Record & Return To:
Keith W. Davis. Esq.
Davis & Ashton, P.A.
701 Norlhpoint Parkway, Suite 205
West Paltn Beach, Florida 33407
GRANT OF A FIVE -BY -TEN FOOT (5' x 10') PERMANENT UTILITY AND MAINTENANCE
ACCESS NON-EXCLUSIVE EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, 777 US Highway 1, LLC,
whose address is 3309 Northlake Boulevard, Suite 201 Palm Beach Gardens, Florida 33403 hereinafter
referred to as the "Grantor", owner of the property located on U.S. Highway 1, between Palm Court and
Harbor Road (PCN No. 60-43-40-30-02-005-0010), described herein -below, for and in consideration of the
sum of TEN DOLLARS AND N01100 ($10.00) and other good and valuable consideration, receipt and
sufficiency of which is hereby acknowledged, DO HEREBY GRANT unto the Village of Tequesta, a
municipal corporation existing under the laws of the State of Florida, whose address is 345 Tequesta Dr.,
Tequesta, Florida 33469, hereinafter referred to as the "Village", a five -by -ten foot (5' x 10') non-exclusive
permanent utility and maintenance access easement ("Easement") to allow the installation, use, and
maintenance of one (1) fire hydrant assembly that is essential to the upgrade of the Village's existing water
distribution system and to allow the Village, its agents and employees, access to the said five -by -ten foot (5' x
101) non-exclusive permanent utility and maintenance access easement for matters related to the installation,
use, maintenance and necessary repair of such fire hydrant assembly, said five -by -ten foot (5' x 10') non-
exclusive permanent utility and maintenance access easement being specifically located within the following
described land lying and being situated in Palm Beach County, Florida (-tile Lan("), to wit:
See Exhibit "A" dated October 2019, attached hereto for sketch and legal description of the
five -by -ten foot (5' x 10') non-exclusive permanent utility and maintenance access easement.
IT IS EXPRESSLY COVENANTED AND AGREED, that this non-exclusive Easement grants the
Village, its agents and employees, the authority to access and enter upon the five -by -ten foot (5' x 10') non-
exclusive permanent utility and maintenance access casement area to install, construct, operate, and maintain
the fire hydrant assembly and to operate, maintain, service, construct, reconstruct, remove, relocate, repair,
replace, improve, expand, and inspect the fire hydrant assembly in, on, over, under and across the five -by -ten
foot (5' x 10') non-exclusive permanent utility and maintenance access easement all as more particular set
forth on Exhibit "A" at the sole cost and expense of the Village.
The granting of this Easement in no way conveys the fee simple title to the property nor shall it be
intended to be construed as dedication of the area for public use, or any other use by any other persons or
entities, but is only a grant of utility and maintenance access easement for the uses and purposes stated herein.
Nothing herein shall prevent the Grantor from the full use and enjoyment of the above -ground Easement area,
18495333.PDF: 1
including but not limited to irrigation, plumbing, fencing, landscaping, trees, gardens or lawn, provided it does.
not damage the Village's fire hydrant assembly. In the event that the parcel of property described herein is iv
longer necessary for use by the Village as a utility and maintenance access easement as stated above, all
rights, titles, and interests herein granted shall be released to the Grantor, their successors and/or assigns in
title, by Quit Claim Deed or other means of marketable Release or Transfer. The Village shall be responsible
for restoring the property to its original state upon completion of the fire hydrant installation project.
Thereafter, the Grantor shall be responsible for the general maintenance of the above -ground area owned by
the Grantor which is subject to the grant of this easement. Should the property be damaged due to the use of
this Easement by the Village, its agents and/or employees for the purposes set forth herein, the Village shall
restore the property to its original state at its own expense.
Grantor may. at its option, relocate the Easement and or any other improvements thereon, to an
alternative location on the Land. Any such relocation shall be undertaken at the sole expense of Ilse
Grantor, and Grantor shalt comply with the requirements of the Village and any other governmental)
agencies having jurisdiction. in the event of relocation, the parties shall execute and record an appropriate
amendment to this grant of easement agreement, or enter into a substitute easement agreement, reflecting
the new location of the non-exclusive Easement.
The Village shall indemnify and hold harmless Grantor from any and all damages, loss or expense or
causes of action, including reasonable attorneys' fees and costs, that arise out of the Village's (including the
Village's officers, employees, agents and invitees), use of the Easement. The Village's liability shall be
limited to the amounts set forth in Sec. 768.29, 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 Statutes.
THIS EASEtMENT IS SUBJECT TO all existing conditions, covenants, dedications, easements,
restrictions and reservations of record.
IN WITNESS WHERE F, the Grantor have hereunto caused this Grant of Easement Document to
be signed on this J.�a. day of �1 z 2019.
Signed, Sealed., and Delivered in the presence of:
Grantor:
Witness
(8495333.PDF: )
STATE OF FLORIDA
) ss:
COUNTY OF PALM BEACH } &CeMl$Cfi--
The foregoing instrument was acknowledged before me this Lday of , 2019 by
Gerald Bard, the registered agent of the owner 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 take an oath.
(Sea)) an'.►r DEBRA S. GAl.Yf-
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Exhibit A
Legal Description and Sketch
-3-
{8495333.PDF; )
DESCRIPTION & SKETCH
PREPARED FOR.
777 US HIGHWAY I, LLC
a'xlO' UTILITY EASEMENT
LEGAL DESCRIPTION
A 5 FOOT BY 10 UTILITY EASEMENT, LYING IN A PORTION OF LOT 9, BLOCK 5, AS SHOWN ON THE PLAT OF
JUPITER HEIGHTS, RECORDED IN PLAT BOOK 23, PAGE 69, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, THE CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 9; THENCE SOUTH 730 09,23" WEST ALONG
THE SOUTH LINE OF SAID LOT 9, A DISTANCE OF 27.87 FEET TO THE POINT OF BEGINNING OF THE
HEREINAFTER DESCRIBED CENTERLINE; THENCE DEPARTING SAID SOUTH LINE, NORTH 160 50'37" WEST,
A DISTANCE OF 5.00 FEET TO THE POINT OF TERMINUS.
5'xi0'UTILITY EASEMENT
POINT OF TERMINUS
N16°50'37"W
5.00'
LOT 9, BLOCK 5
JUPITER HEIGHTS
P.B. 23, PG. 69
,c \ Qk 9
CJdU�� �"•_.
L P.O.C.
SOUTHEAST CORNER
LOT 9, BLOCK 5
SURVEYOR'S NOTES:
1. THIS DRAWING IS NOT A SURVEY.
2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE.
3 THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION.
THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER.
4. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY LIDBERG LAND SURVEYING, INC.
5. DATE OF LEGAL DESCRIPTION: OCTOBER 16, 2019
BY:
LIDBERG LAND SURVEYING,
PROFESSIONAL SURVE R AND MAPPER
FLORIDA CERTIFICAT NO. 3613
LB4431
ABBREVIATIONS:
POS - POINT OF BEGINNING
POC - POINT OF COMMENCEMENT
ORB m OFFICIAL RECORD BOOK
CAD- K!\UST \ 304043 \ JUPITERHEIGHTS \ 19.091-303 \ 19.091 \ 19-09LOGN
REF.
FLD.
OFF. L.J.C.
CKD. n r i
F8. PG.
SHEET i OF
JOB 19-G91-303
DATE 10/16/19
DWG. Ain_nnl
KAUST1304043WUPITER HEIGHTSi19-091-303119-091\19-091.dgn 10/29/2019 8:14:44 Aid
Record & Return To:
Keith W. Davis. Esq.
Davis & Ashton, P.A.
701 Northpoint Parkway, Suite 205
West Palm Beach, Florida 33407
GRANT OF A SIX -BY -SIX FOOT (6' x 6') PERMANENT UTILITY AND MAINTENANCE
ACCESS NON-EXCLUSIVE EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, 777 US Highway 1, LLC,
whose address is 3309 Northlake Boulevard, Suite 201 Palm Beach Gardens, Florida 33403 hereinafter
referred to as the "Grantor", owner of the property located on U.S. Highway 1, between Palm Court and
Harbor Road (PCN No. 60-43-40-30-02-005-0010), described herein -below, for and in consideration of the
sum of TEN DOLLARS AND NO/100 ($10.00) and other good and valuable consideration, receipt and
sufficiency of which is hereby acknowledged, DOES HEREBY GRANT unto the Village of Tequesta, a
municipal corporation existing under the laws of the State of Florida, whose address is 345 Tequesta Dr.,
Tequesta, Florida 33469, hereinafter referred to as the "Village", a six -by -six foot (6' x 6') non-exclusive
permanent utility and maintenance access easement ("Easement") to allow the installation, use, and
maintenance of one (1) water meter that is essential to the upgrade of the Village's existing water distribution
system and to allow the Village, its agents and employees, access to the said six -by -six foot (6' x 6') non-
exclusive permanent utility and maintenance access easement for matters related to the installation, use,
maintenance and necessary repair of such water meter, said six -by -six foot (6' x 6') non-exclusive permanent
utility and maintenance access easement being specifically located within the following described land lying
and being situated in Palm Beach County, Florida ("the Lend"), to wit:
See Exhibit "A" dated October 2019, attached hereto for sketch and legal description of the six
by -six foot (6' x 6') non-exclusive permanent utility and maintenance access easement.
IT IS EXPRESSLY COVENANTED AND AGREED, that this non-exclusive Easement grants the
Village, its agents and employees, the authority to access and enter upon the six -by -six foot (6' x 6') non-
exclusive permanent utility and maintenance access easement area to install, construct, operate, and maintain
the twelve inch (I2") water meter and to operate, maintain, service, construct, reconstruct, remove, relocate,
repair, replace, improve, expand, and inspect the water meter in, on, over, under and across the six -by -six foot
(6' x 6') non-exclusive permanent utility and maintenance access easement all as more particular set forth on
Exhibit "A" at the sole cost and expense of the Village.
Tlie granting of this Easement in no way conveys the fee simple title to the property nor shall it be
intended to be construed as dedication of the area for public use, or any other use by any other persons or
entities, but is only a grant of utility and maintenance access easement for the uses and purposes stated herein.
Nothing herein shall prevent the Grantor from the full use and enjoyment of the above -ground Easement area,
J8495336.PDF:1
including but not limited to irrigation, plumbing, fencing, landscaping, trees, gardens or lawn, provided it
does not damage the Village's water meter. In the event that the parcel of property described herein is no
longer necessary for use by the Village as a utility and maintenance access easement as stated above, all
rights, titles, and interests herein granted shall be released to the Grantor, their successors and/or assigns
in title, by Quit Claim Deed or other means of marketable Release or Transfer. The Village shall be
responsible for restoring the property to its original state upon completion of the water meter installation
project. Thereafter, the Grantor shall be responsible for the general maintenance of the above -ground area
owned by the Grantor which is subject to the grant of this easement. Should the property be damaged due
to the use of this Easement by the Village, its agents and/or employees for the purposes set forth herein,
the Village shall restore the property to its original state at its own expense.
Grantor may, at its option, rekxates. the Easement and or any other improvements thereon, to
an alternative location on the Lahti. Any such relocation shall be undertaken at the sole expense of
the Granter, and Grantor shall comply with the requirements of the Village and any other
governmental agencies having jurisdiction. In the event of relocation, the parties shall execute and
record an appropriate amendment to this grant of easement agreement, or enter into a substitute
easement agreement, reflecting the new l(vation of the non-ekclusive Easement.
The Village shall indemnify and hold harmless Grantor .from any and all damages, loss or
expense or causes of action, including reasonable attorneys' fees and costs, that arise out of the Village's
(including the Village's officers, employees, agents and invitees), use of the Easement. The Village's
liability shall be limited to the amounts set forth in Sec. 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 Statutes.
THIS EASEMENT IS SUBJECT TO all existing conditions, covenants, dedications, easements;
restrictions and reservations of record.
IN WITNESS WHEREOF, the Grantor have hereunto caused this Grant of Easement Document
to be signed on this _JL/_ day of /i ;- , 2019.
Signed, Scaled, and Delivered in the presence of:
Grantor:
777 Us 1 way 1, LLC
By:
act n Lo. Ge d BartI, Manager
184953346.PDF: )
Witness
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this&Pday oi` 6q Sc_ 20I9 by
Gerald Bartl, the registered agent of the owner 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, take an oath.
(Seal)
DEBRA S. DALY
Notary b[ e, Florida
�
• " f �# GG 2203S7
Ex "' Sep;.ftnU(19, X22
fQ1 FtiO Amw 1%$ wit M*4 3lfY .
(8493336.PDF: ;
DESCRIPTION & SKETCH
PREPARED FOR:
777 US HIGHWAY 1, LLC
6'x6' UTILITY EASEMENT
LEGAL DESCRIPTION
A 6 FOOT BY 6 UTILITY EASEMENT, LYING IN A PORTION OF A 40 FOOT WIDE ABANDONED
RIGHT OF WAY, AS DESCRIBED IN OFFICIAL RECORD BOOK 2608, PAGE 1709, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA,. THENCE CENTERLINE BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 5, AS SHOWN ON THE PLAT OF
JUPITER HEIGHTS, RECORDED IN PLAT BOOK 23, PAGE 69, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA; THENCE SOUTH 730 09'23 WEST, A DISTANCE OF 40.00 FEET; THENCE
SOUTH 160 50'37" EAST ALONG THE WEST LINE OF SAID ABANDONED RIGHT OF WAY, A DISTANCE
OF 43.05 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED CENTERLINE THENCE
DEPARTING SAID WEST LINE, NORTH 73° 09'23" EAST, A DISTANCE OF 6.00 FEET TO THE POINT
OF TERMINUS.
SURVEYOR'S NOTES:
1. THIS DRAWING 1S NOT A SURVEY.
2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE.
3 THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION.
THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER.
4. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY LIDBERG LAND SURVEYING, INC.
5. DATE OF LEGAL DESCRIPTION: OCTOBER 16, 2019
LIDBERG LAND SURVEYING,
POB - POINTN OF BEGINNING
BY:D I POC - POINT OF COMMENCEMENT
P FESSIONAL SURVEY O AND MAPPER ORB - OFFICIAL RECORD BOOK
FLORIDA CERTIFICATE .3613
LICAA. KAWST \ 304043 \ JURTERNEICHTS 19.091-303 l 19.0911 19.091.0GN
D B/E R G LAND REF.
L 0%. FLD.
R� V E 9 INCa OFF. L.J.C. f8. PG. - DATE
'9.091.303
!)! ilLR
675 lMest bidiontown Rood Saite 2D0 CScO.
194431 Jupiter Floricfo 3345$ TEt 561 7d6 84�54 _ 4.C.L. SHEET 1 OF 2 taUlc. A19 ti91
KAUST1304043WUP1TER HEIGHTSt19-091-303119-091119-091.dgn 10/29/2019 812:31 AM
DESCRIPTION & SKETCH
PREPARED FOR:
777 US HIGHWAY 11 LLC
6'x6' UTILITY EASEMENT
1
Q
Ln
a �
Q
04
41 p
P.O.B.-
ABBREVIATIONS:
POB - POINT OF BEGINNING
POC - POINT OF COMMENCEMENT
ORB - OFFICIAL RECORD BOOK
0 r
S Oql� WESTERLY PROLONGATION, -
SOUTH SOUTH LINE OF PALM COURT &
\ NORTH LINE OF ABANDONED
RIGHT OF WAY
Q.R.B. 2608, PG. 1709
\
1
i
l
►1
P.O.C.
NORTHWEST CORNER
LOT 1, BLOCK 5, JUPITER
HEIGHTS, P.B. 23, PG, 69
40' RIGHT OF WAY
\ ABANDONED IN ----Z .
O.R.B. 2608, PG. 1709
POINT OF TERMINUS
6'x6'UTILITY EASEMENT
N730 O9't23" E
6.00' \ 10�FLORIDA POWER &
LIGHT COMPANY EASEMENT
�, O,R.B, 2608, PG, 1712
tREF.
AD. KAUST \ 304043 \ JUPiTEh'1iEMS \ 19-091•]03 \ 19-091 \ 19-091.DCN
.LLD.LIDBERG LAND -
U EYING, I fINC
f6, PC. �gi9-093.303
FF, L.J.C. _ _ DATE lOJ16119
LB4439 675 West indontown Rood. Suite 2dd, SHEET 0 01V0. JuQiter, Flo4do 33458 TEL. 561-746-8454 M. N r i ? 9 Ain-nni
KAUST\3040431JUPITER HEIGHTS119-091-303119-091119-091.dgn 10/29/2019 8:12:38 AM