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HomeMy WebLinkAboutProperty_Easement_1/14/1992 Prepared by and Return to: JAN-14-1992 022% 92--01200 V DONALD HILLEY P.A. 11380 Prosperity Farms Road QFS 7087 Ps 1379 Suite 204 Prosperity Gardens Palm Beach Gardens Florida 33410 { (407)627.OM9 EASEMENT AGREEMENT This Agreement, made and entered into by and between the following parties: JOHN P. RODERICK and KATHERINE M. RODERICK, his wife, (as to Parcels 1 & 2 "B" and 3 "C", as hereinafter described) , and CONRAD T. MILLER and NELLIE M. MILLER, his wife, (as to Parcel 411D11, as hereinafter described) , and GEORGE R. PILE and MARY L. PILE, his wife, (as to Parcel 5 "E", as hereinafter described) , all of which are collectively referred to hereinafter as "Grantors", and the Incorporated Village of Tequesta, a municipal C corporation of the State of Florida, 357 Tequesta Drive, Tequesta, Florida 33469, hereinafter referred to as "Grantee". WHEREAS, the Grantors are owners of the property more fully described in Schedule "A", which Schedule contains both the legal description of the land subject to this easement for each parcel, attached hereto and made a part hereof, and WHEREAS, it is to the mutual benefit of all of the parties hereto that the easement described herein over the parcels described in Schedule "A" be established as a matter of public record, and `s. WHEREAS, the Village of Tequesta may require use and access Vp 0 of the below described parcels over, under and across them for ` drainage and public utility purposes, 1�10' r r 1 :, e. . , .. ,. , . .. Prepared by and RQturn to: JAN•-14_19941. 02:39Pm 92-0120077 i' V DONALD HILLEY P.A. 11380 Prosperity Farms Read Suite 204 Prospenty Gardens ORB 7087 Ps 1 375 F Palm Beach t;&rdsns florida 33410 (407)o27:t NON-DISTURBANCE AGREEMENT r This Agreement, made and entered into by and between the following parties: WILLIAM FEY and JO ANN FEY, his wife, as to parcel "A", a portion of Lot 8, more particularly described on Schedule "A, " Page A 1, attached hereto and incorporated herein, GEORGE CHRISTMAN and JEAN CHRISTMAN, his wife, as to parcel "A", a portion of Lot 9, more particularly described on Schedule "A, " Page A 2, attached hereto and incorporated herein, hereinafter referred to as "Grantors", and the Incorporated Village of Tequesta, a municipal corporation of the State of Florida, 357 Tequesta Drive, Tequesta, Florida 33469, hereinafter called "Grantee" . WHEREAS, the Grantors hereto are owners all of the property described in Schedule "A", which contains both the legal description for each parcel, attached hereto and made a part hereof, and WHEREAS, there is an existing easement granted to, among other parties, the Incorporated Village of Tequesta, a Political Subdivision of the State of Florida, recorded in Official Record Book 4882, Page 1794, Public Records of Palm Beach County, Florida, and WHEREAS, an easement for drainage and public utility purposes now exists over the property described in Schedule "A", and �.i -4 � . WHEREAS, the parties hereto do hereby intend hereby to have 0 the promises made herein run with the land, NOW THEREFORE, the parties hereto, in consideration of the ON 7087 P9 1376 mutual promises contained herein, do hereby agree as follows: 1. That the property more fully described in Schedule "A, " Page A 1, hereof shall be maintained as a drainage and utility easement. Grantors hereby covenant that neither they, nor their heirs, legal representatives, successors and/or assigns shall do any act which would interfere with or disturb the use of the below described property for drainage purposes and shall maintain the above described property for such purposes. 2. The promises of non-disturbance contained herein and granted hereunder shall terminate when, or at such time as, the purposes hereof cease to exist, are abandoned by Grantee, or become impossible of performance. 3. Grantor also retains, reserves, and shall continue to enjoy use of the property for any and all purposes which do not interfere with utility or drainage purposes heretofore granted. ORB 7087 Pci 1377 As to Parcel 8F the legal description of which is as follows: parcel of land lying in the Northeast Quarter of the Southeast Quarter of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida, being more particularly described as follows: Commence at the Northwest corner of said Northeast Quarter of the Southeast Quarter; thence South 0001 00' 35" West along the West line of said Northeast Quarter of the Southeast Quarter, a distance of 220.00 feet to the Point of Beginning of the hereinafter described parcel; thence continue South 00" 001 35" West a distance of 40.00 feet to a point; thence radially South 890 59' 07" East a distance of 49.37 feet to a point on a curve concave to the Southeast having a radius of 30.00 feet and a central angle of 890 59' 42"; thence Northerly and Easterly along th arc of said curve a distance of 47.12 feet to a point; thence North 000 001 35" East a distance of 10.00 feet to a point; thence North 890 591 0711 West a distance of 79.37 feet to the Point o Beginning. Bearings cited herein are based on the Plat of Tequesta Pines, as recorded in Plat Book 34, Page 84, of the Public Records of Palm Beach County, Florida. Containing in all 2468 square feet, more or less. I—V Witness wi ess STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day before me, an officer duly MJ 1 ' f V% -to take acknowledgments personally appeared L�] ,/ (Y- =IM77 /& , to be known to be the person(s) described in and wh6/executed tZe forgoing instrument and acknowledged before me that they executed the same for the purposes therein stated. Witness my ha and off' 'al seal in the County and State aforesaid this <:�)Owl day of 1991. (Notary Seal) N;Fary Public My commission expi4s: P *'_OAT P . SHARON E. HAYWARo My C01-R-ISSION EMS Schedule "A" M Page A 1 February 3, 1995 %,o..... HONDED THRU NOTARY pUBLIC UNDERWRITERS ORB 70917 P9 1378 As to Parcel "9G ", the legal description of which is as follows: parcel of land lying in the Northeast Quarter of the Southeast Quarter of Section 25, `Ibwnship 40 South, Range 42 East, Palm Beach County, Florida, being more particularly described as follows: Commence at the Northwest corner of said Northeast Quarter of the Southeast Quarter; thence South 000 00' 35" West along the West line of said Northeast Quarter of the Southeast Quarter, a distance of 260.00 feet to the Point of Beginning of the hereinafter described parcel; thence radially South 890 59' 07" East a distance of 49.37 feet to a point on a curve concave to the Northeast having a radius of 30.00 feet and a central angle of 900 00' 18"; thence Southerly an Easterly along the arc of said curve a distance of 47.13 feet to a point; thence South W 00' 3 West a distance of 10.00 feet to a point; thence North 89° 59' 07" West a distance of 79.37 fee to a point on said West line of the Northeast quarter of the Southeast quarter; thence North 00 00' 35" East, along said West line, a distance of 40.00 feet to the Point of Beginning. Bearings cited herein are based on the Plat of Tequesta Pines, as recorded in Plat Book 34, Page 84, of the Public Records of Palm Beach County, Florida. Containing in all 2468 square feet, more or less. Al W1 ness Witness STATE OF FLORIDA } COUNTY OF PALM BEACH } I HEREBY CERTIFY that on this day before me, an officer duly qualified t take acknowledgments personally appeared to be known to be the person(s) described n and who dxccuted the forgoing instrument and acknowledged before me that they executed the same for the purposes therein stated. Witness my hand and offic al eal in the County and State aforesaid this /7 Zz day of , 1991. c n ■1 'i;:��pt Notary Public u[AWA17E^S . My commission expires: Schedule "A" Page A 2 RECORD VERIFIED PALM BEACH COUNTY FL A CI..ERI< CIiiCUIT C OUR1 ORB 087 Pq 1380 NOW THEREFORE, in consideration of the mutual promises contained herein the parties hereto do hereby agree as follows: 1. The parcels described in Schedule "All hereof are fully made subj ect to an easement over, under and across the property described in Schedule "All hereof in favor of the Incorporated Village of Tequesta, for drainage and public utility purposes. 2. The easement rights and privileges herein granted shall be perpetual, but shall terminate when, or at such time as, the purposes hereof cease to exist, or are abandoned by Grantee, or become impossible of performance. 3. Grantors hereby bind themselves, their heirs, and legal representatives, to warrant and forever defend the above described easement and rights unto Grantee. 4. The easement rights, and privileges granted herein are non-exclusive, and Grantors, their successors and/or assigns, reserve and retain the right to convey similar rights and easements, not inconsistent with the purpose of the easement granted herein, to such other persons as Grantors, or any of them, may deem proper. 5. This instrument shall be binding on, and shall inure to the benefit of, the heirs, executors, administrators, successors, and assigns of the parties hereto. 6. Grantors also retain, reserve, and shall continue to enjoy use of the property for any and all purposes which do not interfere with and prevent its use by Grantee. 2 ORB 7087 Pq 1381 Grantee hereby accepts easement rights over, under and across the property below described in Schedule "A", for the purposes herein expressed. VILLAGE OF TEQUSTA, a municipal corporation BY: dWzz6-1* seA Ca pr tta, Mayor �T/EST: r ! .;oazfl Manc?an4 l-lo- Village Clerk STATE OF FLORIDA ) COUNTY OF PALM BEACH ) /the forego?1nistrument was acknowledged before me this &` day of 1992,- by JOSEPH 1K. CAPRETTA andOAIZTd T�iAIIGA M or and Village Clerk, respectively, of the Village ofa, a municipal corporation on behalf of the corporation. Notary Publ My Commission Expires: (Seal) NOTARY PUBLIC STATE OF FLORIDA NY COWI&SION EXP. OCT.26,1994 BONDED TNRU GENERAL INS. UND, , St 3 ORB 7087 P9 1392 There is no Parcel enumerated as "parcel All, hereto. Grantors, John P. Roderick and Katherine M. Roderick, hereby grant an easement as described below to the following real property, Parcel 1 and 2 11B" and Parcel 3 "C", the legal description of which is as follows: A parcel of land lying in the Northeast Quarter of the Southeast Quarter of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida, being more particularly described as follows: On the West by the East line of the West 476.25 feet of the West 635.00 feet; On the North by the South line of the North 110.00 feet of the South 260.00 feet of the North 390.00 feet; On the East by the West Right-of-Way line of Seabrook Road, as now laid out and in use; And on the South by the South line of the North 120.00 feet of the South 260.00 feet of the North 390.00 feet of said Section 25. The East 79.37 feet of the West 476.25 feet of the West 635.00 feet of the South 10.00 feet of the North 120.00 feet of the South 260.00 feet of the North 390.00 feet of the Northeast Quarter of the Southeast Quarter of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida. Containing in all 793.7 square feet, more or less. Lots shown hereon are based on the unrecorded Plat of Pine Tree Terrace, as prepared by A.A. Weybrecht, Registered Land Surveyor No. 187, dated December 1955. Wi, ess join P. Roderick ry Witness Katherine M. RoderidkJ STATE OF FLORIDA ) COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments personally appeared John P. Roderick and KatYV.Q%Ne M. Roderick, to be known to be the person(s) Schedule "A" page A 1 Y ORB 7087 Pe 1383 described in and who executed the forgoing instrument and acknowledged before me that they executed the same for the purposes therein stated. Witness my hand and off' 'al seal in the County and State aforesaid this �-- day of ( CCC_� , 1991. ��J' aA l My Commission Expires: Notary Seal wo'�IAOMWTHRU Nbl�liiY 1�tIC�lOEkW�tITEfiB Schedule "A" page A 2 ORB 7087 P9 1384 Grantors, Conrad T. Miller and Nellie M. Miller, hereby grant an easement as described above to the following real property, Parcel 4 I'D", the legal description of which is as follows: The East 79.37 feet of the West 396.87 feet of the West 635.00 feet of the South 10.00 feet of the North 120.00 feet of the South 260.00 feet of the North 390.00 feet of the Northeast Quarter of the Southeast Quarter of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida. Containing in all 793 .7 square feet, more or less. feiA . q a4v,,-aS, Witness '-' Conrad T'. Miller' Witn4ss Nellie M. Miller STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments personally appeared Conrad T. Miller and Nellie M. Miller, to be known to be the person(s) described in and who executed the forgoing instrument and acknowledged before me that they executed the same for the purposes therein stated. Witness my ha d and of f al seal in the County and State aforesaid this day of 1991. (Notary Seal) Notary Seal My commission expires: SHA MY(RON E. HAYWARD *0WITSION EXPIRES Rkwary 3, 11495 BONDED THRU NOTARY PUBLIC UNDERMOTERS Schedule "All page A 3 ORB ' 7087 Ps 1385 Grantors, George R. Pile and Mary L. Pile, hereby grant an easement as described above tothe following real property, Parcel 5 IIE91, the legal description of which is as follows: The East 79.38 feet of the West 317.50 feet of the West 635.00 feet of the South 10.00 feet of the North 120.00 feet of the South 260.00 feet of the North 390.00 feet of the Northeast Quarter of the Southeast Quarter of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida. Containing in all 793.8 square feet, more or less. 1-2 Winess George—R. P'le ifness Mary L. Pile STATE OF FLORIDA COUNTY OF PALM BEACH qj I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments personally appeared George R. Pile and Mary L. Pile, to be known to be the person(s) described in and who executed the forgoing instrument and acknowledged before me that they executed the same for the purposes therein stated. Witness my hand and off* seal in the County and State aforesaid this;- day of 1Afk- ► 1991. A- (V (Notary Seal) i4ot4ry seal 0 My commission expires: SHARON E. HAYWARD m! Eyrmn t 1 FL-ruary 3, 1235 BONDED THRU NOTAnY PUBLIC UNDERWRITERS Schedule "All page A 4 RECORD VERIFIED PALM BEACH COUNTY FLA CLERK CtRCIA(T CCAJR1 OWNER'S FORM . Schedule A i Policy No.: Effective Date: Agent's File Reference: t, OPM-375638 January 14, 1992 90-162 2:39 p.m. Amount of Insurance: $ 116,000.00 1. Name of Insured: INCORPORATED VILLAGE OF TEQUESTA, a political subdivision of the State of Florida 2. The estate or interest in the land described herein and which is covered by this policy is a fee simple(if other,specify same)and is at the effective date hereof vested in the named insured as shown by instrument recorded in Official Records Book Baez ,Page I=61 ,of the Public Records of Palm Beach County,Florida. 3. The land referred to in this policy is described as follows: SEE ATTACHED SCHEDULE "A" t ISSUED BY f V. DONALD HILLEY, P.A. ( / 12361 1111 NAME OF AGENT AGENT NO. AGENT'S SIGNATURE 11300 Prosperity Farms Road Suite 204 Palm Beach Gardens Florida 33410 MAILING ADDRESS CITY ZIP FUND OWNER'S FORM Schedule B { Policy No.: oPM-375638 This policy does not insure against loss or damage by reason of the following exceptions: 1. Taxes for the year of the effective date of this policy or guarantee and taxes or special assessments which are not shown as existing liens by the public records.: 2. Rights or claims of parties in possession not shown by the public records. 3. Encroachments,overlaps,boundary line disputes,and any other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the public records. F 5. Any lien,or right to a lien,for services,labor,or material heretofore or hereafter furnished,imposed by law and not shown by the public records. b. Items 1 through 5, above are hereby deleted. 7. SEE SCHEDULE "B" ATTACHED * All references are to Public Records of Palm Beach County, Florida. f OPM 375638 f. Schedule "A" s' Item #3: Schedule A PARCEL 1 & 2 A parcel of land lying in the Northeast Quarter of the Southeast Quarter of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida, being more particulary bounded as follows: On the West by the East line of the West 476.25 feet of the West 635.00 feet; On the North by the South line of the North 120.00 feet of the South 260.00 feet of the North 390.00 feet; On the East by the West Right-of-Way line of Seabrook Road, as now laid out and in use; And on the South by the South line of the North 130.00 feet of the South 260.00 feet of the North 390.00 feet of said Section 25. PARCEL 3 The East 79.37 feet of the West 476.25 feet of the West 635.00 feet of the South 10.00 feet of the North 130.00 feet of the South 260.00 feet of the North 390.00 feet of the Northeast Quarter of the Southeast Quarter of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida. (( Containing in all 793.7 square feet, more or less. PARCEL 4 The East 79.37 feet of the West 396.87 feet of the West 635.00 feet of the South 10.00 feet of the North 130.00 feet of the South 260.00 feet of the North 390.00 feet of the .Northeast Quarter of the Southeast Quarter of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida. Containing in all 793.7 square feet, more of less. PARCEL 5 The East 79.38 feet of the West 317.50 feet of the West 635.00 feet of the South 10.00 feet of the North 130.00 feet of the South 260.00 feet of the North 390.00 feet of the Northeast Quarter of the Southeast Quarter of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida. Containing in all 793.8 square feet, more or less. PARCEL 6 The East 79.37 feet of the West 238.12 feet of the West 635.00 feet of the South 10.00 feet of the North 130.00 feet of the South 260.00 feet of the North 390.00 feet of the Northeast Quarter of the Southeast Quarter of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida. Containing in all 793.7 square feet, more or less. OPM 375638 Schedule "A" Item #3: Schedule "A" Continued - Page 2 PARCEL 7 A parcel of land lying in the Northeast Quarter of the Southeast Quarter of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida, being more particulary described as follows: Commence at the Northwest corner of said Northeast Quarter of the Southeast Quarter; thence South 00 00135" West along the West line of said Northeast Quarter of the Southeast Quarter, a distance of 260.00 feet to a point: thence South 89 59'07" East, a distance of 79.37 feet to the radius point of a curve concave to the Southwest having a radius of 30.00 feet and a central angle of 50 29102" and the Point of Beginning of the hereinafter described parcel; thence radially, North 00 00135" East, a distance of 30.00 feet to a point on the arc of said curve; thence Easterly and Southeasterly along the arc of said curve, a distance of 26.43 feet to the beginning of a reverse curve concave to the North having a radius of 25.00 feet and a central angle of 50 28'4411; thence Easterly along the arc of said curve a distance of 22.03 feet to the point of tangency; thence South 89 59107" East, a distance of 36.95 feet to a point; thence South 00 00'35" ,, West, a distance of 10.00 feet; thence North 89 59107" West, a distance of 79.38 feet to the Point of Beginning. Bearings cited herein are based on the Plat of Tequesta Pines, as recorded in Plat Book 34, Page 84, of the Public Records of Palm Beach County, Florida. Containing in all 1233.2 square feet, more or less. PARCEL 8 A parcel of land lying in the Northeast Quarter of the Southeast Quarter of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida, being more particulary described as follows: Commence at the Northwest corner of said Northeast Quarter of the Southeast Quarter; thence South 00 00135" West along the West line of said Northeast Quarter of the Southeast Quarter, a distance of 260.00 feet to a point: thence South 89 59'07" East, a distance of 79.37 feet to the radius point of a curve concave to the Southeast having a radius of 30.00 feet and a central angle of 89 59142" and the Point of Beginning of the hereinafter described parcel; thence radially, North 89 59107" West, a distance of 30.00 feet to a point on the arc of said curve; thence Northerly and Easterly along the arc of said curve, a distance of 47.12 feet; thence radially South 00 00'35" West, a distance of 30.00 feet to the Point of Beginning. Bearings cited herein are based on the Plat of Tequesta Pines, as recorded in Plat Book 341 Page 84, of the Public Records of Palm Beach County, �-- Florida. Containing in all 706.8 square feet, more or less. OPM 375638 Schedule "A" k, Item #3: Schedule "A" Continued - Page 3 PARCEL 9 A Parcel of land lying in the Northeast Quarter of the Southeast Quarter of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida, being more particulary described as follows: Commence at the Northwest corner of said Northeast Quarter of the Southeast Quarter; thence South 00 00135" West along the West line of said Northeast Quarter of the Southeast Quarter, a distance of 260.00 feet to a point: thence South 89 59107" East, a distance of 79.37 feet to the radius point of a curve concave to the Northeast having a radius of 30.00 feet and a central angle of 90 00118" and the Point of Beginning of the hereinafter described parcel; thence radially, North 89 59107" West, a distance of 30.00 feet to a point on the arc of said curve; thence Southerly and Easterly along the arc of said curve, a distance of 47.13 feet to a point; thence radially North 00 00135" East, a distance of 30.00 feet to the Point of Beginning. Bearings cited herein are based on the Plat of Tequesta Pines, as recorded in Plat Book 34, Page 84, of the Public Records of Palm Beach County, (-, Florida. Containing in all 706.9 square feet, more or less. PARCEL 11 The East 79.37 feet of the West 238.12 feet of the West 635.00 feet of the North 10.00 feet of the South 130.00 feet of the South 260.00 feet of the North 390.00 feet of the Northeast Quarter of the Southeast Quarter of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida. Containing in all 793.7 square feet, more or less. PARCEL 12 The East 79.38 feet of the West 317.50 feet of the West 635.00 feet of the North 10.00 feet of the South 130.00 feet of the South 260.00 feet of the North 390.00 feet of the Northeast Quarter of the Southeast Quarter of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida. Containing in all 793.8 square feet, more or less. PARCEL 13 The East 79.37 feet of the West 396.87 feet of the West 635.00 feet of the North 10.00 feet of the South 130.00 feet of the South 260.00 feet of the North 390.00 feet of the Northeast Quarter of the Southeast Quarter of -- Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida. Containing in all 793.7 square feet, more or less. OPM 375638 Schedule "A" Item #3: Schedule "All Continued - Page 4 PARCEL 14 The East 79.38 feet of the West 476.25 feet of the West 635.00 feet of the North 10.00 feet of the South 130.00 feet of the South 260.00 feet of the North 390.00 feet of the Northeast Quarter of the Southeast Quarter of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida. Containing in all 793.8 square feet, more or less. OPM-375638 Schedule B Item #7, Schedule "A" EXCEPTIONS TO TITLE POLICY As to Parcel 12: 1. That certain Easement to Perry Cable TV and recorded in Official Record Book 4996, page 1645, Public Records of Palm Beach County, Florida. As to all Parcels; 1 through 12: 2. Right-of-Way Deed to Palm Beach County, dated September 1, 1928 and recorded in Deed Book 484, Page 401, Public Records of Palm Beach County, Florida. 3. Easement over and across the North 10 feet of the subject { _ properties for ingress and egress to a county road, as reserved in that certain Deed recorded in Official Records Book 610, Page 459, Public Records of Palm Beach County, Florida. 4. Easement from John Roderick, Katherine M. Roderick, Conrad Miller, Nellie Miller, George Pile, Mary Pile, and the Village of Tequesta to Northco Construction, Inc. and the Village of Tequesta, recorded in Official Records Book 4882, Page 1794, Public Records of Palm Beach County, Florida and as thereafter modified at Official Records Book 5745, Page 590, Public Records of Palm Beach County, Florida. 5. Easement from Northco Construction, Inc. , to Florida Power and Light Company recorded in Official Records Book 4935, Page 1636 and Official Records Book 4935, Page 1637, Public Records of Palm Beach County, Florida. 6. Easement from Robert G. Albee, individually and as trustee and George W. Rochete to the Village of Tequesta, as recorded in Official Records Book 3256, Page 1981, Public Records of Palm Beach County, Florida. 7. As to Parcel 14, reservations, restrictions and easements in Deed recorded in Official Records Book 4992, Page 959, Public Records of Palm Beach County, Florida.