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Home My WebLink AboutProperty_Easement_12/16/2019 Name: Address: Ji J.- j R 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 ].,and"), 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 f-bll use and enjoyment of the above-ground Easement area, 18495336TDF: 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 agreernent, reflecting the neks 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 of 2019. Si ne ,*Baled,and Delivered in the presence of: Grantor: 777 US Igl�way 1, LLC r'i By:,== "Ge d Bartl, Manager 118495336.PDF:} Witness STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this;=day of/ [ s� �� , 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) j DBRAS.DALY Notary Public, State fFlorida * r Commi39ton#GG 220357 E016i*t*MW 19,2022 Fs��b� 6ay�ffvas�}atlutary s xrces {8495336.PDF: } DESCRIPTION & SKETCH PREPARED FOR: 777 US HIGHWAY 11 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, I ABBREVIATIONS: POB = POINT OF BEGINNING BY? D i POC = POINT OF COMMENCEMENT I '`FESSIONAL SURVEYO AND MAPPER ORB = OFFICIAL RECORD BOOK FLORIDA CERTIFICATE . 3613 LIDERG LAND RED, K\UST \ 304043 \ JUPITERHEIGHTS \ 19-091-303 \ 19-091\ 19-091.DGN FLD. - FB. PG. JOB 19-091-303 SURVEYING , INC . OFF. DATE L.J.C. _ _ 10/16/19 LB4431 675 West Indiontown Rood,Suite 200, SHEETOF DWG. Ju iter,Florida 33458 TEL.561-746-8454 CKD. D.C.L. 1 2 A19-091A 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 11 LLC 6'x6' UTILITY EASEMENT co�Rc P P PQM �o.00 .O.C. NORTHWEST CORNER TER S�3•og 2� W EIGHT ,BLOCK B. 23,JPGI 69 WESTERLY PROLONGATION, \ SOUTH LINE OF PALM COURT & \ NORTH LINE OF ABANDONED RIGHT OF WAY \ O.R.B. 2608, PG. 1709 0 w C L Q I \ � S Q � O Q Q NA U) \ .�• o o \ \ 40' RIGHT OF WAY �Q�.L \ ABANDONED IN U, \ O.R.B. 2608, PG. 1709 —z' 04-04— POINT OF TERMINUS 99 P.O.B. \ 6'x6'UTILITY EASEMENT y 09 trN730 23"E 6.00' \ 107LORIDA POWER & LIGHT COMPANY EASEMENT \ O.R.B. 2608, PG. 1712 ABBREVIATIONS: \ POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT ORB = OFFICIAL RECORD BOOK REF.AD \UST \ 304043 \ JUPITERHEIGHTS \ 19-091-303 \ 19 091\ 19 091.DGN LIDBERG L FLD. FB. PG. JOB 19-091-303 SURVEYING , INC . OFF. L.J.C. _ _ DATE 10/16/199 L64431 675 West Indiontown Rood,Suite 200, SHEET2 OF 2 DWG. A19-091A Juniter.Florido 33458 TEL.561-746-8454 CKD. D.C.L. KAUST\304043\JUPITER HEIGHTS\19-091-303\19-091\19-091.dgn 10/29/2019 8:12:38 AM