HomeMy WebLinkAboutDocumentation_Regular_Tab 07_9/8/2022Agenda Item V.
Regular Council
STAFF MEMO
Meeting: Regular Council - Sep 08 2022
Staff Contact: Marjorie Craig Department: Utilities
Approve a Stormwater Utility Easement Access Agreement at 27 Leeward Circle
The Village has an existing stormwater pipe that runs across and under property located as described
and depicted on Exhibit A attached, which has been in place for many years.
In order to have legal access to maintain the stormwater pipe, the landowner has agreed to convey a
non-exclusive perpetual stormwater utility easement approximately ten feet wide over, across, and
under the property where the stormwater pipe is located to allow for maintenance access, as depicted
in the attached easement agreement.
Cost associated with this legal access is $10.00.
The Utilities Department recommends approval by the Village Council.
This document and any attachments may be reproduced upon request in an alternative format by completing
our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443.
PROJECT NAME: BUDGET: $10.00 ENCUMBERED: $0.00
Proposed: Projected Remaining:
$10.00 $10.00
Approve Access and Stormwater Utility Services Agreement - 27 Leeward Circle
ATTACHMENTS:
22-0829 SW Utility Agreement 27 Leeward Circle Easement Agreement 08122022
Page 66 of 537
Agenda Item V.
Record & Return To:
Keffb W. Dav% Esq. Village Attorney
Village of Tequesta
345 Tequesta Drive
Tequesta, Florida 33469
EASEMENT
Granting Access and Stormwater Utility Services
14
TMS EASEMENT is executed this 12_ day of August 2022, by Charles M. Fallon, Jr.
and Susan Fallon, whose address is 27 Leeward Circle, Tequesta, Florida 33469, owner of the
property described hereinbelow, hereinafter referred to as "Grantors," 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 Grantors, 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 is hereby
acknowledged, do hereby grant to Grantee, its successors and assigns, a non-exclusive perpetual
easement approximately ten (10) foot wide, over, across and under the property located M* Palm
Beach County, Florida, particularly described and depicted on Exhibit "A" attached hereto and
made a part hereof (the "Utility Easement Area"), solely for access and to install, operate,
maintain, repair and replace within the Utility Easement Area the existing stormwater drainage
line (the "Facilities"). Grantee shall have no other right to use the Utility Easement Area for any
purpose other than as set forth above.
Grantors shall not grant any additional easement in, on, over, under or across the Utility
Easement Area which in any way interferes with Grantee's easement rights herein granted, or
permit any connections to the Facilities by any other person or entity without Grantee's prior
written consent. Grantors shall not interfere with Grantee's reasonable utilization of the Utility
Easement Area. Provided it does not prevent the exercise by Grantee of its rights granted
hereunder, Grantor reserves the right for himself, his heirs and assigns, to fully enjoy and use the
Utility Easement Area for any purpose whatsoever.
Grantors represent and warrant to Grantee that Grantors possess fee simple title to the
Utility Easement Area.
By acceptance of this Easement, Grantee covenants and agrees that it shall be responsible
Page 67 of 537
Agenda Item V.
for maintaining the Facilities located within the Utility Easement Area, and that in connection
with the access to, and construction, maintenance, use, repair or replacement of the Facilities,
Grantee, at its own and sole cost and expense, shall be responsible for promptly returning the
Utility Easement Area to its previously undisturbed state. Grantor shall not be liable or
responsible for any cost or expense incurred by Grantee in connection with the exercise of
Grantee's rights granted hereunder,
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 Grantors have executed this Easement as of the date
first above written.
WITNESS:
Signed, scaled and delivered CHARLES M. FALLON, JR.
in the presence of:
By: A,4pe,,*..A0 Cm?AK)7, 5
By:
Print: C "4ALe V Charles M. Fallon, Jr.
& _ ro-Ar1--UDvV j-1Z
STATE OF NEW JERSEY
COUNTY OF
The foregoing instrument was acknowledged before me by means of [- physical presence or
online notarization, this /o??6 day of '11122, by Charles M. Fallon, Jr. He is personally known
KI tv
to me or has produced '"D#<i Vile-s L t 41 gs f as identification.
(Seal)
j
Notary futlic, State of ev6krsey
Print Name: . J(O
My commission expires: Qom: t % ,9oV 3
SCOTT W. LANG
Commission # 2439717
Nota Public, State of New Jersey
2� Zy Commission Expires
w
October 17, 2023
Page 68 of 537
Agenda Item V.
WITNESS:
Signed, sealed and delivered SUSAN FALCON
in the presence of:
By: &&Agm) P. C:H642Z
By:
Print: Susan Fallon
STATE OF NEW JERSEY
COUNTY OF
The foregoing instrument was acknowled, ed before me by means of [V physical presence or
[ ]online notarization, this /Va"day of , 2022, by Susan Fallon. She is personally known to me
or has produced lair vigS - LlCkmsi � i�dentiiicarion.
(Seal) A
Notary Public, State of eAersey
j L���
Print Name: , /j
My commission expires: pa�3
+ 74
- [Commission-awdowmeAN& Melva
S SCOTT W. LANG
Ptubli
# 2439717 Notaryc,State of New Jerse
I
Myy Commission Expires
October 17, 2023
Page 69 of 537
Agenda Item V.
1 is 1:
UIlLITY EASEMENT AREA LEGAL DESCRIPTION AND SKETCH
_5_
Page 70 of 537
Agenda Item V.
LEGAL DESCRIPTION
DRAINAGE EASEMENT
EXHIBIT "A"
(THIS IS NOT A SURVEY)
A PORTION OF LOT 7, BLOCK 3, OF THE PLAT OF COUNTRY CLUB POINT, AS RECORDED IN
PLAT Boob 27, PAGE 112 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 7; THENCE BEAR N10°07142"W,
ALONG THE EAST LINE OF SAID LOT 7 (BASIS OF BEARINGS), A DISTANCE OF 31.47 FEET
To THE POINT OF BEGINNING; THENCE CONTINUE N10007142"W, 10.01 FEET; THENCE
S82049'19"W, 58.76 FEET To THE INTERSECTION WITH THE RIGHT OF WAY LINE OF LEEWARD
CIRCLE, BEING A NON -TANGENT CURVE CONCAVE To THE SOUTHWEST. HAVING A RADIUS
OF 50.00 FEET AND A RADIAL BEARING OF S46056'20"W; THENCE SOUTHEASTERLY ALONG
SAID CURVE, THOUGH A CENTRAL ANGLE OF 13°10108"1 A DISTANCE OF 11.49 FEET;
THENCE N82°49'19"E, 51.87 FEET To THE POINT OF BEGINNING.
CONTAINING 540 SQUARE FEET, OR 0.01 ACRES, MORE OF LESS.
Gregory T
Tucker
Digitally signed by
Gregory T Tucker
Date: 2022.07.13
10:29:55-04'00'
GREGORY T. TUCKER
PROFESSIONAL SURVEYOR & MAPPER
FLORIDA REGISTRATION No.: 6147
Legacy
Surveying and Mapping, Inc.
1530 CYPRESS DRIVE , UNIT H
JUPITER, FL. 33458
Phone: (581) 745-8424
BUSINESS LICENSE: LB# 8130
DATE: 7/10/2022 SHEET 1 OF 2 JOB NO.: 21-114 DE
Page 71 of 537
0
(L LEEWARD
CIRCLE
S89°46'25"W
SKETCH OF LEGAL
DRAINAGE EASEMENT
EXHIBIT "A"
(THIS IS NOT A SURVEY)
LOT 7 BLOCK 3
COUNTRY CLUB POINT
(PB 279PG 112)
\Ne
P R=50.00'
D=13°10'08„
5i L=11.49
CHB=S36°28'36"E
CHD=11.47'
60 .
LEGEND
T. CENTERLINE
CHB CHORD BEARING
CHD CHORD DISTANCE
R RADIUS
L ARC LENGTH
D INTERIOR ANGLE
POC POINT OF COMMENCEMENT
PUS POINT OF BEGINNING
DATE: 7/10/2022
S82049 "19 Irw 56.76
1
N82 049 #19 It
E 067
POC
SE CORNER
LOT 7
5'x 201
ANCHOR EASEMENT
LOT 8 BLOCK 3
COUNTRY CLUB POINT
(PB 27,PG 112)
20 15 10 5 20
GRAPHIC SCALE IN FEET
V = 201
SHEET 2 OF 2
CANAL
(PB 27,PG 112)
N10°0742"W
10.01'
L e 9 a c y
Surveying and Mapping, Inc.
1530 CYPRESS DRIVE , UNIT H
JUPITER, FL. 33468
Phone: (581) 746-8424
BUSINESS LICENSE: LB# 8130
JOB NO.: 21-114 DE
Page 72 of 537