HomeMy WebLinkAboutProperty_Easement_12/16/2019 (2) ....w.ii w. wu..voc acn-nu U.GJJGu Jlnlll'.lCu CIIVCIVFJCf
Name:
Address:
Record&Return To:
Keith W.Davis.Esq.
Davis&Ashton,P.A.
701 Northpoint Parkway,Suite 205
West Palm 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 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 pennanent 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 arca 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,
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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.
INT WITNESS WHEREOF,the Grantor have hereunto caused this Grant of Easement Document to
be signed on this �L, day of__L�("EAJ&1'/ ,2019.
Signe ,Seal and Delivered in the presence of.
w_ ��✓ `, Grantor:
777 US ' way 1,L
B
ald Bart], Manager
Witness
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STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this Lday of � �!-� ���C ,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.
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84pttmw 19,2022 Not, Public, St to of F or' a
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Exhibit A
Legal Description and Sketch
-3-
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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 73°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.
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LOT 9, BLOCK 5
5'x10'UTILITY EASEMENT JUPITER HEIGHTS
P.B. 23, PG. 69
� POINT OF TERMINUS p��N E \�0� 9
P.O.C.
Gj' \ S130 0923 w SOUTHEAST CORNER
N160 50'37"W 21.81' LOT 9, BLOCK 5
5.00'
P.O.B. Rp p0 SpV
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SURVEYORS NOTES: i
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, IN .
ABBREVIATIONS:
POB = POINT OF BEGINNING
BY D B RG POC = POINT OF COMMENCEMENT
PRO SSIONAL SURVE R AND MAPPER ORB = OFFICIAL RECORD BOOK
FLORIDA CERTIFICAT NO. 3613
LID ERG LAND CAD. K:\UST \ 304043 \ JUPITERHEIGHiS \ 19-091-303 \ 19-091\ 19-091.DGN
REF. -
ILL /� I
SURVEYING , I N I _ • FLD. FB. JOB 19-091-303
V OFF. LAC. DATE 10/16/19 _
675 West Indiontown Rood, Suite 200, SHEET OF DWG.
L64431 Jupiter.Florida 33458 1'EL.561-746-8454 CKD. D.C.L. 1 1 A19-091
304043\JUPITER HEIGHTS\19-091-303\19-091\19-091.dgn 10/29/2019 8:14:44 AM