HomeMy WebLinkAboutAgreement_Easements_9/8/2022_Charles & Susan FallonRecord & Return To:
Keith W. Davis, Esq. Village Attorney
Village of Tequesta
345 Tequesta Drive
Tequesta, Florida 33469
EASEMENT
Granting Access and Stormwater Utility Services
THIS 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 in 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
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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, sealed and delivered CHARLES M. FALLON, JR.
in the presence of.
By: r Ca
By:
Print: Ck-wA2LE:S tl-t i4%-L xx^J f12 Charles M. Fallon, Jr.
STATE OF NEW JERSEY
COUNTY OF
The foregoing instrument was acknowledged before me by means of [,/j physical presence or
[ ] online notarization, this !?w day of 3Z�022, by Charles M. Fallon, Jr. He is personally known
tome or has produced -D, (gfAs Lt4fgsf as identification.
(Seal)
0�) ",Y,/
Notaryu lic, State of a ersey
Print Name: JI-OK IX). 1,gi✓Z1-
My commission expires: �gr, 17, .?D? 3
ENotajPublic,
T W. I.ANG
sion # 2439717
State of New Jersey
_2_mission Expiresber 17, 2023
WITNESS:
Signed, sealed and delivered SUSAN FALLON
in the presence o£
By:
Print: Susan Fallon
STATE OF NEW JERSEY
COUNTY OF
The foregoing instrument was acknowled ed before me by means of [,/"physical presence or
[ ] online notarization, this /0 day of �, 2022, by Susan Fallon. She is personally known to me
or has produced 1JtiufcS L! CfvSi �'entification.
(Seal) i0--
k
Notary Public, State of e ersey
Print Name: I/L07% J• L'4A&
My commission expires: �-. 17 i o�0a�3
�....
SCOTT W. LANG
Commission # 2439717
Notary Public, State of New Jerse,
My Commission Expires
October 17, 2023
UTILITY EASEMENT AREA LEGAL DESCRIPTION AND SKETCH
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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 BOOK 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°07'42"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 N10°07'42"W, 10.01 FEET; THENCE
S82049'19"W, 56.76 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 S46°56'20"W; THENCE SOUTHEASTERLY ALONG
SAID CURVE, THOUGH A CENTRAL ANGLE OF 13010'08", A DISTANCE OF 11.49 FEET;
THENCE N82049'19"E, 51.67 FEET TO THE POINT OF BEGINNING.
CONTAINING 540 SQUARE FEET, OR 0,01 ACRES, MORE OF LESS.
Gregory
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
DATE: 7/10/2022
Legqcy
Surveying and Mapping, Inc.
1530 CYPRESS DRIVE , UNIT H
JUPITER, FL. 33458
Phone: (561) 746-8424
BUSINESS LICENSE: LB# 8130
SHEET 1 OF 2
JOB NO.: 21-114 DE
CL 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 27,PG 112)
Q,PC� `�� 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
POB
POINT OF BEGINNING
DATE: 7/10/2022
•- mv
zz
0m
S82049'19"W 56.76,
N82°49'19"E 51.67'
POC
SE CORNER
LOT 7
5'X 20'
ANCHOR EASEMENT
LOT 8 BLOCK 3
COUNTRY CLUB POINT
(PB 27,PG 112)
20 15 10 5 0 20
GRAPHIC SCALE IN FEET
1" = 20'
SHEET 2 OF 2
CANAL
(PB 27,PG 112)
N10007'42 "W
10.01,
'•:
Legacy
Surveying and Mapping, Inc.
1530 CYPRESS DRIVE , UNIT H
JUPITER, FL. 33458
Phone: (561) 746-8424
BUSINESS LICENSE: LB# 8130
JOB NO.: 21-114 DE