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HomeMy WebLinkAboutProperty_Easement_10/14/2022CEN Record & Return To: OR. BK '313-AP6* I PG 1434 Keith W. Davis. Esq., Village Attorney } ice.:+ 1.1; 12,+`y'1 i'=!`; Village of Tequesta 345 Tequesta Drive DF: -1 f_ =arts idNS--it 111 ALIA $10 D I Tequesta, Florida 33469 1- ,FD 1..' Ci C K, GRANT OF ACCESS AND USE EASEIIEf&,TjLrm._x, , C ed; P€ :14:34 144'_;(10rj:r::, KNOW ALL MEN BY THESE PRESENTS, that the undersigned, Jupiter Hills Club, Inc., whose mailing address is 11800 SE Hill Club Terrace, Tequesta, Florida 33469 hereinafter referred to as the "Grantor", fee simple owner of the real property located at 19763 SE County Line Road, Tequesta, Florida 33469, in Martin County, Florida (Parcel ID No. 24-40-42-000-000-00071-2) hereinafter referred to as the "Grantor's Property", 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 mai mg a Tess is 345-Tequesta Drive, Tequesta, Florida 33469, hereinafter referred to as the "Village", a non- exclusive and perpetual ingress, egress, access and use easement ("Access Easement") on, over, across and through that certain private road within a portion of Grantor's Property which commences at the corner of N. Old Dixie Highway and SE County Line Road and ends at the northernmost point of two (2) 300 square -foot tracts of land more particularly depicted and described in Exhibit "A" and Exhibit "B" attached hereto (the "Easement Area"), to allow for vehicular and pedestrian ingress, egress, access and passage to, from and over the Easement Area for the Village's execution and maintenance of its well replacement program, and to allow the Village's employees, agents, contractors, successors and assigns access to said Easement Area for the Village's execution and maintenance of its well replacement program. The well replacement program includes the physical wells which are all located on property in Tequesta Park outside of the Grantor's Property, as well as the use of the Access Easement to run electrical service lines to the wells. It is agreed and understood that no wells may be placed on the Grantor's Property by virtue of the granting of this Access Easement. See Exhibits "A" and "B", attached hereto for sketch and description of the two (2) 300 square -foot areas consisting of the Easement Area of the non-exclusive perpetual access and use easement. IT IS EXPRESSLY COVENANTED AND AGREED, that this Access Easement grants the Village, as well as its employees, agents, contractors, successors and assigns, the authority to access, enter upon, and pass to, from and over the two (2) 300 square --foot tracts of land consisting of the Easement —Area as more particularly set forth in Exhibits "A" and `B", for the Village's execution and maintenance of its well replacement program at the sole cost and expense of the Village. Grantor represents and warrants to the Village that Grantor possesses fee simple title to the Easement Area. The granting of this Access Easement in no way conveys the fee simple title to the Grantor's Property nor shall it be intended to be construed as dedication of the Easement Area for use by any other persons or entities who are not an agent, employee, successor, or assign of the Village, but is only a grant of an access and use easement for the uses and purposes stated herein. Should Grantor's Property be damaged by the Village or its employees, agents, contractors, successors or assigns, the Village shall restore the property to its pre -damaged condition at the Village's own expense. This Access 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. No change, amendment, termination or attempted waiver of any of the provisions of this Access Easement shall be binding upon any party unless in writing and signed by both parties. Any such written instrument permitted therein shall be subsequently recorded in the Public Records of Martin County, Florida. THIS ACCESS EASEMENT IS SUBJECT TO all existing conditions, covenants, dedications, easements, restrictions, and reservations of record. IN WITNESS WHEREOF, the Grantor have hereunto caused this Grant of Access and Use Easement to be signed on this l y day of 0 C.kpbQ_r , 2022. WITNESSES: Signed, sealed and delivered in the presence of. . / j Print: Print: Grantor: JUPITER HILLS CLUB, INC.: By.. 6 rt_ Print 441,19 (Name, Title) — --t I lvfi l Date: STATE OF FLORIDA COUNTY OF MZ%r H A The foregoing instrument was acknowledged before me by means of [%4-`p"hysical presence or [ online notarization, this 14 day of C)ckoL--,p.r , 2022, by �n It q k.ardC• of Jupiter Hills Club, Inc., a Florida corporation, on behalf of the corporation. He/she is personally known to me or has produced as - identification. _ LESLEY A. STEWART Notary Public -State of Florida Commission # HH 308401 My Commission Expires November 19, 2026 uuia 4�'Q" �"_ - Notary Public, State of Florida Print Name: LE34'sl A• SKWC-/J- My commission expires: 4 EXHE31T nB_( Easement Area 1 of 2 - Sketch and Descrimi HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Standards of Practice set forth in Chapter 5J-17,050 through 5J-17.052, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. David A Digitally signed by David A Bower Date: 2022.04.14 Bower . o ........ d a 16:23:17-04'00' W. =p V 5888 DAVIG A. BOWER :ESTATE OF PROFESSIONAL SURVEYOR & MAPPER f1%p FLORIDA : 4Fz STATE OF FLORIDA �'s...... CERTIFICATE NO. LS 5888,,, " 111151"' DESCRIPTION: A 10.00 foot wide strip of land being a portion of Section 24, Township 40 South, Range 42 East, Village of Te•:luesta, Martin County, Florida. Being more particularl, described as follows: COMMENCING at the Southeast corner of said Section 24, thence North 89'41 '28" West (as a basis of bearings) along the South line of said Section 24, a distance of 225.31 feet to a point being on the East Right —of —Way line of the Florida East Coast Roilwoy Co, according to the Right of Way and Track Map, Southern Division, Flagler System, Station 14780+68.5 to Station 14886+32.1, Dated Dec. 31, 1927, Lost Corrected on thence North 22'41'03" West along said East Right —of —Way line, a distance of 321.91 fFt to the POINT OF BEGINNING: thence continue North 22'41'03" West along said East Right —of —Way line, a distonce of 10.00 feet; thence North 67'18'57" East, a distance of 30,00 feet to a point being on a line lying 30.00 feet East of (and paro.lel with) said East Right —of —Way line; thence South 22'41'03" East, along said parallel line, a distance of 10.00 feet; thence South 67'18'57" West, a distance of 30.00 feet to the POINT OF BEGINNING; Containing 300 square feet. Dennis J. Leavy & Associates, Inc. Land Surveyors F Mappers 460 Business Park Way * Suite B Royal Palm Beach, Florida 33411 ne: 561 753—D650 Email: surveyAdjasurvey.net SKETCH & DESCRIPTION FOR: MOCK ROOS & ASSOCIATES INC. DRAWN: M I SCALE: N, DATE: 04/12/22 CHK: DE JOB# 20-131-005501 SHEET: of ; LOCATION MAP NOT TO SCALE Dennis J. Leavy & Associates; Inc. Land Surveyors " Mappers 460 Business Park Way • Suite B Royal Palm Beach, Florida 33411 Phone: 561 753-0650 Email. survey®djasurvey.net SKETCH & DESCRIPTION FOR: MOCK ROOS & ASSOCIATES INC. DRAWN: Q1 SCALE: N/A DATE: 04/12/22 CHK: CP I JOB# zo-131-0055u, I SHEET: 2 u- SURVEYOR'S NOTES: BEARINGS DEPICTED HEREON ARE BASED UPON THE SOUTH LINE OF SECTION 24, TOWNSHIP 4C SOUTH, RANGE 42 EAST, VILLAGE OF TEQUESTA, MARTIN COUNTY, FLORIDA. SAID LINE HAVING AN ASSUMED BEARING OF NORTH 89'41'28" WEST, 2. THE UNDERSIGNED MAKES NO REPRESENTATIONS OR GUARANTEES AS TO THE INFORMATION REFLECTED HEREON PERTAINING TO EASEMENTS, RIGHTS OF WAY, SETBACK LINES, AGREEMENTS AND OTHER MATTERS, AND FURTHER, THIS INSTRUMENT IS NOT INTENDED TO REFLECT OR SET FORTH ALL SUCH MATTERS. SUCH INFORMATION SHOULD BE OBTAINED AND CONFIRMED BY OTHERS THROUGH APPROPRIATE TITLE VERIFICATION. 3. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAY AND/OR EASEMENTS OF RECORD. 4. THE LICENSED BUSINESS NUMBER FOR DENNIS J. LEAVY & ASSOCIATES INC. IS LB ##6599, THE CERTIFYING SURVEYORS LICENSE NUMBER IS LS ##5888, 5. THIS IS NOT A SURVEY. LEGEND (RWTM) RIGI4T OF WAY AND TRACK MAP SOUTHERN DIVISION FLORIDA EAST COAST RAh.WAY CO. FLAGLER SYSTEM STATION 14780+68.5 TO STATION 14886+32.1 DATED :DEC 31, 1927. CORRECTED ON 9/30/82 F.E.C.R.C_ FLORIDA EAST COAST RAILWAY CO. LB LICENSEE BUSINESS LS LICENSED SURVEYOR M.C.P.R. MARTIN COUNTY PUBLIC RECORDS P.B. PLAT BOOK PIN: PARCEL IDENTIFICATION NUMBER PG- PAGE R/W RIGHT—OF—WAY Dennis J. Leavy & Associates, Inc. Land Surveyors * Mappers 460 Business Park Way " Suite B Royal Palm Beach, Florida 33411 ne: 561 753-0650 Emoii: 3urvey6dposurvey.net SKETCH & DESCRIPTION FOR: MOCK ROOS & ASSOCIATES INC. DRAWN: 'A SCALE: rv,:: DATE: 04/12/22 CHK: 013 JOB# n,- 3 - ;o SHEET: 3 j I .L.C.=q C. R/W (RWTM) N22'41'03'W 10.00- POINT OF BEGINNING 0' 10' i - 1 SCALE 1 " - 20, Dennis J. Leavy & Associates, Inc. Land Surveyors ' Mappers 460 Business Pork Way ' Suite B Royal Palm Beach, Florida 33411 ne: 561 753-0650 Ernoii: ourvey®dywurvey.net TEQUESTA PARK PIN: 194043000000004100 DESCRIBED AREA CONTAINING 300 SQUARE FEET POINT OF COMMENCEMENT SOUTHEASI CORNER OF SECTION 24, TOWNSHIP 40 SOUTH, RANGE 42 EAST N89'41'28"W 225,31' 24�1 19 SOUTH LINE OF SECTION 24, TOWNSHIP 40 SOUTH, 25 3C' RANGE 42 EAST (BASIS OF BEARINGS) SKETCH & DESCRIPTION FOR: MOCK ROOS & ASSOCIATES INC. DRAWN: fAT SCALE: 1"=20' 1 DATE: 04/12/2? CHK: OR JOB# 20-131-0055Di I SHEET:: - 4, EXHIRIT " C" Easement Area 2 (42 - Sketch and Description I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge ant belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Standards of Practice set forth in Chapter 5J-17.050 through 5J-17.052, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Digitally signed David A by David A Bower Date: 2022.04.14 Bowe 16:24:04-04'00' DAVID A. BOWER PROFESSIONAL SURVEYOR & MAPPER STATE OF FLORIDA CERTIFICATE NO. LS 5888 DESCRIPTION: 5888 mac": j°'_ oi= STATE OF n°s FLORIDA 3 SURVEv&.,, .11 A 10.00 foot wide strip of land being a portion of Section 24, Township 40 South, Range 42 East, Village of Tequesto, Martin County, Florida. Being more particularly described as follows: COMMENCING at the Southeast corner of said Section 24, thence North 89'41'28" West (as a basis of bearings) along the South line of said Section 24, a distance of 225.31 feet to a point being on the East Right —of —Way line of the Florida East Coast Railway Co, according to the Right of Way and Track Mop, Southern Division, Flagler System. Station 14780+68.5 to Station 14886+32.1, Dated Dec. 31, 1927, Last Corrected on 9/30/82; thence North 22'41'03" West along said East Right —of —Way line, a distance of 785. T., feet to the POINT OF BEGINNING; thence continue North 22'41'03" West along said East Right —of —Way line, a distance of 10.00 feet; thence North 67'18'57" East, a distance of 30.00 feet to a point being on a line lying 30.00 feet East of (and parallel with) said East Right —of —Way line; thence South 22'41'03" East, along said parallel line, a distance of 10.00 feet; thence South 67'18'57" West, a distance of 30.00 feet to the POINT OF BEGINNING, Containing 300 square feet. Dennis J. Leavy & Associates, Inc. Land Surveyors " Mappers 460 Business Park Way * Suite B Royal Palm Beach, Florida 33411 Phone: 561 753-0650 Email: survey®djasurvey. net SKETCH & DESCRIPTION FOR: MOCK ROOS & ASSOCIATES INC. DRAWN: MT SCALE: N, DATE: 04/12/22 CHK: UB I JOB# 20-131-ou551)z I SHEET: I OF 4 � MARTIN COUII . Y, FLMDA r J 5E DOHERTY THIS SKETCH AND STR ET DESCRIPTlON S IFQUESTA 4 PARK O O z p -r SE COUN' Y LINE n g PALM 13LACH COUNTY. w = LORIDA w s � \ `s d U m Vl �� II I ` LOCATION MAP NOT TO SCALE Dennis J. Leavy & Associates, Inc. Land Surveyors ' Mappers 460 Business Park Way ' Suite B Royal Palm Beach, Florida 33411 ne. 561 753-0650 Emafl: aurvey6djasurvey.net SKETCH & DESCRIPTION FOR. MOCK ROOS & ASSOCIATES INC. DRAWN: M I SCALE: N/A I DATE: 0c/12/22 CHK: ON I JOB# zo-131-0055r: I SHEET: r 4 SURVEYOR'S NOTES: BEARINGS DEPICTED HEREON ARE BASED UPON THE SOUTH L NE OF SECTION 24, TOWNSHIP 40 SOUTH, RANGE 42 EAST, VILLAGE OF TEQUESTA, MARTIN COUNTY, FLORIDA. SAID LINE HAVING AN ASSUMED BEARING OF NORTH 89'41'28" WEST. 2. THE JNDERSIGNED MAKES NO REPRESENTATIONS OR GUARANTEES AS TO THE !NFORMATION REFLECTED HEREON PERTAINING TO EASEMENTS, RIGHTS OF WAY, SETBACK _INES, AGREEMENTS AND OTHER MATTERS, AND FURTHER, THIS ;INSTRUMENT IS NOT INTENDED TO REFLECT OR SET FORT-1 AL- SUCH MATTERS. SUCH INFORMATION SHOULD 9E OBTAINED AND CONFIRMED BY OTHERS THROUGH APPROPRIATE TITLE VERIFICATION. 3 LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAY AND/OR FASEMENTS OF RECORD. 4. THE LICENSED BUSINESS NUMBER FOR DENNIS J. LEAVY & ASSOCIATES INC. IS LB #6599, THE CERTIFYING SURVEYORS LICENSE NUMBER IS LS #5888. 5 THIS IS NOT A SURVEY. LEGEND: (RWTM) R(G�IT OF WAY AND TRACK MAP SOUTHERN DIV151ON FLORIDA EAST COAST RAILWAY CO. FLAGLER SYSTEM STATION 14780+68.5 TO STATION 14886+32.1 DATED ;DEC 31, 1927, CORRECTED ON 9/30/82 F.E.C.R.C. FLORIDA EAST COAST RAILWAY CO. LB LICENSED BUSINESS LS LICENSED SURVEYOR M.C,P,H. MARIIN COUN tY PUBLIC RECORDS P B PLAT BOOK PIN: PARCEL IDENTIFICATION NUMBER PG PAGE R/W RIGHT—OF—WAY Dennis J. Leavy & Associates, Inc. Land Surveyors ` Mappers 460 Business Park Way ' Suite B Royal Palm Beach, Florida 33411 ne: 561 753-0650 Emall: survey®d)azurvey.net SKETCH & DESCRIPTION FOR: MOCK ROOS & ASSOCIATES INC. DRAWN: IoI' SCALE: N DATE: 0A/12/22 CHK: DB JOB# 2a-131-005Sna SHEET: 5 -r A F.L.C.R.C. R/W (RWTM) N22'41'03'W 10.00' -- POINT OF BEGINNING 0' 10' 20' SCA LL 1" = 20, Dennis J. Leavy & Associates, Inc. Land Surveyors ' Mappers 460 Business Park Way * Suite B Royal Palm Beach, Florida 33411 Phone: 561 753-0650 Ernall: survey®d)osurvey.net TEQUESTA PARK PIN: 194043000000004100 DESCRIBED AREA CONTAINING 300 SQUARE FEET POINT OF COMMENCEMENT SOUTI•EAST CORNER OF SECTION 24, TOWNSHIP 40 SOUTH, RANGE 42 EAST N89'41'28"W 225.31' SOUTH LINE OF SECTION 24, TOWNSHIP 40 SOUTH, RANGE 42 EAST (BASIS OF BEARINGS) 24_ i 19 25T30 SKETCH & DESCRIPTION FOR. MOCK ROOS & ASSOCIATES INC. DRAWN: m' SCALE: '`=zo' DATE: 041-2/22 CHK: Cr JOB# '0- 31-00s5N SHEET: • - 4�