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Home My WebLink AboutAgreement_Easements_12/8/2022_Jupiter Hills Club, IncRecord & Return To: ! �.. � ,_:`A !P 6 PG 14 :4 Keith W. Davis. Esq., Village Attorney _'L, ; j t}. 1: N ". .� i i ;;`;;i='?'? !:: Village of Tequesta 345 Tequesta Drive i!E I' 7.i::b�EI`it c R'i ,472tt.: W Tequesta, Florida 33469 !!fit'(+�i? I:; l! i `f:, A GRANT OF ACCESS AND USE EASElEra-'^::.: i:;hs',:; 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 malting address 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 Eascmon4 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 _ 1 `{ day of QGAbbQr , 2022. WITNESSES: Grantor: Signed, sealed and delivered JUPITER HILLS CLUB, INC.: in the presence of: By: Print: Print T/ 19 G'�( (Name, Title) Print: Ilewe 1 G% Pn' (/S Date: 0 It 20 STATE OF FLORIDA COUNTY OF JWcor 1-i in The foregoing instrument was acknowledged before [4online notarization, this 14 day i 11 C, I—C roIG of Jupiter Hills Club corporation. He/she is personally known to me or identification. LESLEY A. STEWART �4t. Notary Public -State of Florida c Commission N HH 308401 My Commission Expires ��,, �;,;;.•`' November 19. 2026 me by means of [%T"p"hysical presence or of C7 t:Ao j�P r 2022. by Inc., a Florida corporation, on behalf of the has produced as Notary Public, State of Florida Print Name: Le's'4-. SK-W C✓'- My commission expires: 'LL� L-:� Exmrr % Easement Area 1 of2 - Sketch and I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of m y knowledge and belief as prepared under m; dire,-hon. I FI.IRTHER CERTIF)' 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 16.23:17-04'00' DAVID A. BOWER PROFESSIONAL SURVEYOR & MAPPER STATE OF FLORIDA CERTIFICATE NO, LS 5588 DESCRIPTION: � e STATE OF 4 '•. FLORIDA i ..•*� A 10.00 foot aide strip of land being a portion of Section 24, Township 40 South, Range 42 East. Village of Tequesta. 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 feel 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 Map, Southern Division, Flogler System, Station 14780+68.5 to Station 14886+32.1, Doted Dec. 31, 1927, Lost Corrected on g/30/82: thence North 22'41'03" West ❑ionq said East Right —of —Way line, a distance of 321 gl feet to the POINT OF BEGINNING thence continue North 22'41'03" West along said East Right—o{—Way line, a distance of 10.00 feet; thence Ncrth 67'18'5'?" Enst, a distance of 30.00 feet to a point being on a line lying 3000 feet East of (nnd para lel voith) 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. Leary & Associates, Inc. Land Surveyors' Mappers 460 Business Park Way * Suite B Royal Palm Beach, Florida 33411 Phone: 581 753-0650 EmaH: surveyOdjasurvey.net SKETCH & DESCRIPTION FOR: MOCK ROOS & ASSOCIATES INC. DRAWN: MT SCALE: N/A DATE: 04/12/22 CHK: DB JOB# 20-131-OCSSDI SHEET: 1 oF 4,0 ,4 1 r��aFc7ri Coati' -r, F..QP nA ilS S,<E'CH AND .SCR P T! ON 11 OLESTA P ARK Tv \o PALM HF -C--i \1 \� FLORIDA �2 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 75-%--0550 Email: survey*d)aeurvey;net SKETCH & DESCRIPTION FOR: MOCK ROOS & ASSOCIATES INC. DRAWN: i l SCALE: DATE: 04/12/22 CHK: CF Joej ze-13i-eons SHEET: 2 a= .� SURVEYOR'S NOTES: BEARINGS DEPICTED HEREON ARE BASED UPON THE SOUTH LINE OF SECTION 24, TOWNSHIP 4C SOUTH, RANGE 42 EAST, VILLAGE OF TECUESTA, MARTIN COUNTY, FLORIDA. SAID LINE HAVING AN ASSUMED BEARING OF NORTH 89'41'28" WEST. THE UNDERSIGNED MAKES NO REPRESENTATIONS OR GUARANTEES AS 10 THE INFORMATION REFLECTED HEREON PER'AINING TO EASEMENTS, RIGHTS OF WAY, SETBACK LINES, AGREEMENTS ANC OTHER MATTERS, AND FURTHER, THIS INSTRUMENT IS NOT INTENDED TO RE7.-ECT OR SET FORTH AL_ S';CH MATTERS. SUCH INFORMATION SHOULD BE OBTAINED AND CONFIRMED 8\/ 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) RIC14T OF WAY AND TRACK MAP SOUTHERN DIVISION FLORIDA EAST COAST RAL.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 `A, C.P.R. MARTIN COUNTY PUBLIC RECORDS a B PLAT BOOK ?IN: PARCEL IDEN rIFICAAON NUMBER PG PAGE R/W RIGHT-OF-WAY Dennis J. Leavy & Associates, Inc. Land Surveyors ` Mappers 460 Business Park Way * Suite a Royal Palm Beach, Florida 33411 hortc 581 753-0850 Emoll: wrvey0d jasurvey net SKETCH & DESCRIPTION FOR: MOCK ROOS & ASSOCIATES INC. DRAWN: SCALE: GATE: U4/12/22 CHK: ,148# 21:- ' Y - :. t:,(- SHEET: ) o��o a tP E.C.R C r/w ~a00 0G� �. (RWTM) to N22'41'03"W 10.00' POINT OF BEGINNING Sb1-51300 lJ ^ Z &p. 3 r � 2a " U �13. O af V. LJ Oda U � � h- O u> V) w _,0. SCALE Dennis J. Leavy & Associates, Inc. Land Surveyors ' Mappers 450 Business Park Way * Sulte B Royal Palm Beach, Florida 33411 Phone: 561 753-0650 Emoll; 3urvey6d josurvey.net TEQUE STA PARK PIN 194043000000004100 DESCRIBED AREA CONTAINING 300 SQUARE FEET POINT OF COMMENCEMENT SOUTHEAST CORNER OF SECTION 24, i OWNSHIP 40 SOUTH, RANGE 42 EAST N89'41'?8"W 225.31 SOUTH LINE OF SECTION 24, TOWNSHIP 40 sour-i, RANGE 42 EAST ;BASIS OF BEARINGS} 24_ 19 25 3u SKETCH & DESCRIPTION FOR: MOCK ROOS & ASSOCIATES INC. DRAWN: ',i I SCALE: I'=. GATE: 04/' '_ CHK: - I J08 20- 3t-OaSSD!' SHEET E\HIBI1' "C"' Easement Area 2 of 2 - 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 anc belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Standards of Practice set forth in t_'hapter 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 BowerDate: 2022.04.14 E . Bo*. 16:24:04-04'00' a : 5 �Ltim; DAVID A. BOWERa=:�gTATEOF' PROFESSIONAL SURVEYOR & MAPPER <� ;FLOMOA STATE OF FLORIDA ••.....•'' CERTIFICATE NO LS 5888 ,sbwva ' ' DESCRIPTION: A 1000 foot wide strip of land being a portion of Section 24, Township 40 South, Range 42 East, Village of Tequesta. 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 sold 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, Flogler 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—Woy line, a distance of 785.70 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 Ncsrth 67'18'57" East, a distance of 30.00 feet to a point being on a line lying 3000 feet East of (and paroilel 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 0 Suite B Royal Palm Beach, Florida 33411 Phone: 561 753-0650 Email: surveyOdjawrvey.net SKETCH & DESCRIPTION FOR MOCK ROOS & ASSOCIATES INC. DRAWN: u" SCALE: N. DATE: )4/12/22 CHK: DE JOB# 2—31-amScz SHEET: i 'x +/ NARTIN CUu1I'Y, \ \ \ F LORiDA. G'JHLN I Y T-iIS KETCiH AND z T \ ��S�,ii'I� IQ% � Z` I� ilk �4 9 I 19 PARKTA i - S€ COUNTY LINE R' ,P I o d O PALM ULACH C.OUN IY LORIDA YI Cm \ I LOCATION MAP NOT TO SCALE Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION Land Surveyors ' Mappers FOR: MOCK ROOS & ASSOCIATES INC. 460 Business Park way ' Suite B Royal Palm Beach, Florida 33411 DRAWN: M SCALE: N/A DATE: 04/12/22 ne: 581 753-OG50 Email: surveyftjawrvey�net CHK: DS JOB# 20-'3t-0055o: SHEET: z -Y �� SURVEYOR'S NOTES: BEARINGS DEPICTED HEREON ARE BASED UPON THE SOUTH LINE OF SECTION 24, TOWNSHIP 40 SOUTH, RANGE 4^ EAST, VILLAGE OF TEQUESTA, MARTIN, COUNTY, FLORIDA. SAID LINE HAVING AN ASSUMED BEARING OF NORTH 89'41'26" WEST. THE JNDERSIGNED 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 SUCK MATTERS. SUCH INFORMATION SHOULD 9E OBTAINED AND CONFIRMED 6- OTHERS THROU(H 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: IRWTM) RIGHT OF WAY AND TRACK MAP SOUTHERN DIVISION FLORIDA EAST COAST RAILWAY CO. FLAGLER SYSTEM STATION 14780+6B.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.1',R. MARIIN COUNTY PUBLIC RECORDS P B PLA T BOOK �'ft PARCEL IDENTIFICAItON NUMBER PG PAGE R/W RIGHT—OF—WAY Dennis J. Leavy & Associates, Inc. Land Surveyors i Mappers 460 Business Pork Way * Suite B Royal Palm Beach, Florfdo 33411 Pnone: 581 753-0650 ErnalC surveyfd)oeurvey.net SKETCH & DESCRIPTION FOR: MOCK ROOS & ASSOCIATES INC. DRAWN: SCALE: N/A DATE: 04/12/22 CHK: 09# 2G-131-C105902SHELT• 3 of 4 F -o 2 a �o a0 / o$ TEQUESTA PARK p 00 PIN: 194043000000004100 op N � F E.C.R.C, R/W N611N$0000 0 �� (RWTM) O LOS 1� DESCRIBED AREA CONTAINING N22'41'03"W 10.00' — .51 300 SQUARE FEET POINT OF BEGINNING �\ 5b p0 go. z� > lr y a " p U O � �L POINT OF COMMENCEMENT o SOUTI-EAST CORNER �c1' OF SECTION 24, Q TOWNSHIP 40 SOUTH, p. RANGE 42 EAST _ I- N89'41'28"W 225.31' 2`' SOUTH LINE OF SECTION 24, TOWNSHIP 40 SOUTH, 25 30 RANGE 42 EAST (BASIS OF BEARINGS) 20' Dennis J. Leavy & Associates, Inc. Land Surveyors' Mappers 450 Business Pork Way " Suite B Royal Palm Beach, Florida 33411 one: 561 753-0650 Emolt surveyOd,liowrYey-net SKETCH 8 DESCRIPTION FOR MOCK ROOS 8 ASSOCIATES INC. DRAWN: !., 1 SCALE: 1"=2 DATE: 34/12/22 CHK: I JOB# 20-131-005502 SHEET: , - _d PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT imcwiiliams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/."