The URL can be used to link to this page

Home My WebLink AboutProperty_Easement_10/19/2022OiR. l<. 33917 PG 140l.t Record & Return To: Keith W. Davis. Esq. Davis & Associates, P.A. 701 Northpoint Parkway. Suite 205 D�' West Palm Beach, Florida 33407 Pa..i:rtt BF!a lL Crz1'6;r',7y7!,rt . GRANT OF PERMANENT UTILITY ACCESS AND MAINTENANCE X0 T KNOW ALL MEN BY THESE PRESENTS, that the undersigned, Turnberry Beach Road LLC, whose address is 19950 W Country Club Drive, 10`h Floor, Aventura, FL 331804601, hereinafter referred to as the "Grantor", owner of the property located at the address of 1500 Beach Road, Tequesta, FL 33469 (PCN No. 6043-40-30-65-000-0010), 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 permanent utility access and maintenance easement ("Easement") to allow the installation, use, and maintenance of the water meter assemblies to serve the developed site and to allow the Village, its agents and employees, access to the said permanent utility access and maintenance easement for matters related to the installation, use, maintenance and necessary repair of such water meter assemblies, said permanent utility access and maintenance easement being specifically located within the following described land lying and being situated in Palm Beach County, Florida ("the Easement Area"), to wit: See Exhibit "A" dated .1u1.,- 19, 2022, attached hereto for sketch and legal description of the permanent utility access and maintenance easement. IT IS EXPRESSLY COVENANTED AND AGREED, that this Easement grants the Village, its agents and employees, the authority to access and enter upon the Easement Area to install, construct, operate, and maintain the water meter assemblies that will serve the developed site and to operate, maintain, service, construct, reconstruct, remove, relocate, repair, replace, improve, expand, and inspect the water meter assemblies in, on, over, under and across the permanent utility access and maintenance 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 access and maintenance easement for the uses and purposes stated herein. Nothing herein shall prevent the Grantor from the full use and enjoyment of the Easement Area provided it does not damage the Village's water meter assemblies. In the event that the parcel of property described herein is no longer necessary for use by the Village as a utility access and maintenance easement as stated above, all rights, titles, and interests herein granted shall be released to the Grantor, its 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 Easement Area 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. 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 Area. 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 by third parties, 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 has hereunto caused this Grant of Permanent Utility Access and Maintenance Easement. Easement to be signed on this sday of dr d r WITNESSES: Signed, sealed and delivered in the presence of: Olot, 'Y J /I �A Print: i` CoW 1 ic(ActGl Print: CD-ci>k as 1r\ STATE OF FLORIDA COUNTY OF 011Wt i - ad-e 2022. Grantor: TURNBERRY BEACH ROAD LLC By: Print " �a 5 5 �,� a r Vt� 5 i� d'r V (Name, Title) Date: Oc,�o )oe4' �� QQ@-�Z The foregoing instrument was acknowledged before me by means of [physical presence or [ ] online notarization, this �q day of O c-6 b e,! 2022, by _ 't:> J8&L%1 ( �(� 5 of Tumberry Beach Road LLC, a -Fimited liability company. r. He/she is personally known to me or has , ?&uce _ as identification. (Seal) Notary Public State of Florida Z� ® Bianca J Cesar My Commission HH 180754 Exp. 9130/2025 Exhibit A Legal Description and Sketch -3- DESCRIPTION & SKETCH PREPARED FOR: TURNBERRY BEACH LLC VILLAGE OF TEQUESTA WATER LINE EASEMENT BLOWING ROCKS (SEAGLASS) LEGAL DESCRIPTION A PARCEL OF LAND BEING A PORTION OF LOT 1, BLOWING ROCKS, AS RECORDED IN PLAT BOOK 130, PAGES 110 AND 111, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE WEST LINE OF SAID LOT 1. SOUTH 16005'43" EAST, A DISTANCE OF 74.64 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID WEST LINE OF LOT 1. NORTH 73054'17" EAST, A DISTANCE OF 23.50 FEET; THENCE SOUTH 16005'43" EAST, A DISTANCE OF 15.80 FEET; THENCE SOUTH 73°54'17" WEST, A DISTANCE OF 23.50 FEET TO A POINT ON THE SAID WEST LINE OF LOT 1; THENCE ALONG SAID WEST LINE OF LOT 1. NORTH 16005'43" WEST. A DISTANCE OF 15.80 FEET TO THE POINT OF BEGINNING. CONTAINING 0.009 ACRES OR 371 SQUARE FEET MORE OR LESS. 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 19 ,M22, WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OR DIGITAL SIGNATURE 0 F LEDESCR OF A FLORIDA ACID MAPPER EMPLOYED BY LIDBERG LAND SURVEYING, INC. 5. DATE LIDBERG LAND SURV BY: DAVID C. IUDIERG/ v tl PROFESSIONAL SURVEYOR FLORIDA CERTIFICATE NO. ILLL IDBER'GLAND SURVEYING, INC. 675 West Indiontown Rood, Suite 200, LB4431 1—;�— r}—W, ;;d4R M S91-7AA-Rd Sd ABBREVIATIONS F.P.L. = FLORIDA POWER & LIGHT N.W. = NORTHWEST O.R.B. = OFFICIAL RECORD BOOK P.B. = PLAT BOOK P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT PGS. = PAGES R.P.B. = ROAD PLAT BOOK CAD. KAUST \ 304043 \ 36-67 \ 17-036 \ 17-036E-303C \ 17-036-303C.DGN REF. FLO. - FB. PG. JOB 17-0368-303C OFF. R.J.W. DATE 07/19/2022 CKO. n r i SHEET 1 OF 2 DWG. A17-036E K:\UST\304043\36-67\17-036\17-036B-303C\17-036B-303C.DGN 7/19/2022 2:24:54 PM DESCRIPTION & SKETCH PREPARED FOR: TURNBERRY BEACH LLC VILLAGE OF TEQUESTA WATER LINE EASEMENT BLOWING ROCKS (SEAGLASS) P.O.C. -N.W. CORNER LOT 1 BLOWING ROCKS P.B.130, PGS.110-111 2 --P: B. N N16005'431' W4. 15.80' o� 0 om J 0 3 LLIDBERG LAND LSURVEYING, INC. 675 West Indiontown Rood, Suite 200, LB4431 1—;.. CI—W: fid SR TCI r91-7d!.-Ad Sd GOMEZ GRANT AND JUPITER ISLAND (P.B.1, PG. 80) REMAINDER OF LOT 186 ,. LOT 1 BLOWING ROCKS P.B. 130, PGS.110-111 SO S16005'43"E 15.80' CAD. KAUST \ 304043 \ 36-67 \ 17-036 \ 17-036B-303C \ 17-036-303C.DGN REF. FLO. FB. PG. JOB 17-0368-303C OFF. R.JA DATE 07/19/2022 CKO. D.C.L. SHEET 2 OF 2 DWG. A17-036E K:\UST\304043\36-67\17-036\17-036B-303C\17-036B-303C.DGN 7/19/2022 2:25:11 PM