HomeMy WebLinkAboutDocumentation_Regular_Tab 8A_9/28/1989 •
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'� .,;, VILLAGE OF TEQUESTA
+• Post Office Box 3273 •,�1 - • 357 Tequesta Drive
��, Tequesta, Florida 33469-0273 • (407) 575-6200
`fir t�,~ FAX: (407)575-6203
MEMORANDUM :
TO: Village Council
FROM: Thomas G. Bradford, Village Manager c,�
DATE: September 22, 1989
SUBJECT: Proposed Agreement with Centel Cable Television Company
Attached hereto, please find a copy of the Deed to the
property upon which the Water Treatment Plant is located. This
Deed was provided to the Village in 1974 by Palm Beach Cable
Television Company. Please note that there are six covenants and
restrictions that apply to this Deed and run with the land.
Centel is in the process of providing the fiber optic line
that has been promised to serve the Tequesta area. Provision of
fiber optic line will enhance the quality of the reception for
Tequesta customers. It will also eliminate the need for the
existing microwave T.V. tower owned by Centel located on the Water
Treatment Plant property.
Centel has proposed to the Village that if the Village will
swap our existing storage building which has frontage on Old Dixie
Highway for the storage building of approximately the same size
owned by Centel at the base of their T. V. tower, that Centel will
agree to undertake the following:
o Centel will remove the microwave T. V. tower which will
enhance the appearance of the Village.
o Centel, through the appropriate legal mechanism, as
recommended by the Village Attorney, will eliminate the
six covenants and restrictions which currently run with
the water treatment facility land.
Centel desires our building in order to have easy access to its
"head-end" for its fiber optic link in Tequesta. Centel will also
require appropriate access to this building.
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Memorandum to Village Council
RE: Proposed Agreement with Centel Cable
September 22, 1989
Page 2 -
The Village Attorney has been requested to prepare the
necessary legal documents to effect this proposal for your
consideration. There is the possibility that the legal documents
will not be available in time for the Village Council Meeting on
September 28th. Time is of the essence for Centel in that its fiber
optic project has already commenced. If the documents are not
ready for your review, I will seek your conceptual approval of this
proposal so that Centel may proceed in a timely manner.
It is my recommendation that you approve this proposal, in
that it will be beneficial to the Village, and that it will
eliminate cumbersome covenants and restrictions from our property
and improve the aesthetic appearance of the Village.
TGH/mk
Attachments
cc: Del Hanley, General Manager, Centel Cable Company, w/attachs.
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cap DEED
0,- THIS INDENTURE, made this 20th day of December, 1974 by and between
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PALM BEACH CABLE TELEVISION COMPANY, a Florida corporation, hereinafter
c-,
ca called the Grantor and VILLAGE OF TEQUESTA, FLORIDA, a municipal
...J. Q Grantor,/
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corporation,nhereinafter called the Grantee, 'which terms "Grantor" and
"Grantee" shall include and bind the successors and assigns of the
parties hereto wherever the context so requires or admits ,
W I T N E S S E T H:
That the Grantor for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable considerations to said Grantor,
in hand paid by said Grantee, the receipt hereof which is hereby
acknowledged, has granted, bargained and sold to the said Grantee
forever. the following described land, situate, lying and being in
Palm Beach County, Florida, to wit: -
Commencing at the Northwest corner of Section 30 , '
, , , Township 40 South, Range 43 East, Palm Beach County,
-1 :*i Florida, thence Southerly along the West line of -
F-: .. said Section 30 , a distance of 1320.05 feet to the
South line of the NW 1/4 of the NW 1/4 of said section;
r`i " '� . thence along same deflecting to the left, 89° 40 ' 00"
: 0. ; . 't: a distance of 354.90 feet to a point on the Easterly
: Z �' �� Right of Way Line of Old Dixie Highway as now laid out
a -!-::4m and in use, said point being the POINT OF BEGINNING
-: OfAl
� k of the hereinafter described parcel; thence continue
ri > on the same course, a distance of 962 .92 feet; thence deflectiAg
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to theeti ° 13 ' 30" , a distance of 600 .79 feet;
'' ' thence/to the eft, 89° 46 ' 30" , a distance of 310 feet
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' to a point hereinafter referred to as POINT "A" , thence
continue on the same course, .a distance of 190 feet;
,Alm-) thence deflecting to the left 90° 00 ' 00" , a distance
0 of 339 . 76 feet; thence deflecting to the right 90° 00 ' 00" ,
a distance of 569. 89 feet to a point on the Easterly Right
of Way Line of said Old Dixie Highway; thence deflecting
to the left 112° 43 ' 35" , a distance of 283 feet to the
s
10 POINT OF BEGINNING:
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Subject to existing wells , electrical service, piping and
storage area owned by Grantee, and to an existing 33 foot
,, K American Telephone and Telegraph Company Easement as now
laid out and in use on the above described Parcel, and,
/O. 6;0 -• STATE °F= FLORIDA'I .
.CO t� OQCUMENTARY.;.. STAMP TAM ?�
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Subject further to an assignable and irrevocable easement
in gross hereby reserved by Grantor , in perpetuity, for
ingress and egress for the location of overhead and under-
ground cables ( or devices substituted therefor) for
the transmission of communications , electronic signals ,
• and/or electric power or other utilities and for the
maintenance and operation of a TV tower and cable tele-
vision head-end facility, together with suitable
structures for the protection thereof, and any replacements
thereto (which easement shall be fully assignable)
over the following described lands :
Being the North 20 feet of the above described parcel west
of a line parallel to the East line of said parcel and
running in a southerly direction from POINT "A" , together
with,
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Commencing at Point "A" of the above-described parcel;
thence Southerly, parallel with the East line of said
parcel, a distance of 20 feet to the POINT OF BEGINNING
of the hereinafter described land subject to said
Easement; thence conaug. on the same course, a distance
of 23 feet; thencepl with the North line of said
parcel, a distance of 230 feet easterly to a point 80 feet
West of the East line of said parcel; thence Southerly,
parallel with said East line of said parcel, a distance
of 290 feet; thence Westerly, parallel with the said
North line of said parcel, a distance of 320 feet; thence
Northerly, parallel with the East line of said parcel,
a distance of 290 feet; thence Easterly, parallel with
the North line of said parcel, a distance of 70 feet;
thence Northerly, parallel with the East line of said parcel,
a distance of 23 feet; thence Easterly, parallel with the
North line of said parcel, a distance of 20 feet to the
POINT OF BEGINNING of said Easement.
By the acceptance of this Deed the Grantee covenants with the Grantor
as follows, to wit:
1. That no electrical or mechanical equipment will be installed
on the above described Parcel which will interfere with the Grantor 's
television and radio reception at its aforesaid head-end plant.
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2 . That no structure in excess of twenty (20) feet in height
will be maintained on the above described Parcel, with the exception
of three water storage towers and three lime silos , unless approved
by the Grantor.
3. That prior to the construction of any structure upon the
above described Parcel, all drawings for the construction of such
structure shall be presented to the Grantor, and as between the
Grantor and the Grantee, or any subsequent grantee, or any party in
possession, to a mutually acceptable testing agency for the determi-
nation of any corrective measures which may be necessary in order to
REC 2377 PACE1755
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insure that the integrity of the Grantor' s reception and transmission
signals are not affected by any adverse wave reflections or other
mechanical or electrical interferences arising out of the erection and
use of any structure, other than that owned and operated by the Grantor
on the above described Parcel.
4 . That, in the event that corrective measures are necessary
to be taken as a result of paragraph (3) above, the Grantee or party
in possession shall implement or cause to be implemented the appropriate
corrective measures during the construction and erection to the
structures so as not to unduly affect the integrity of the Grantor's
signals . The full cost of fulfilling the obligations of this para-
graph and paragraph (3) above shall be borne by the Grantee or party,
in possession.
5. That the easement described hereinabove shall be deemed an
easement for a public service purpose in accordance with Florida
Statutes 197.525 (1971) , so that rights of the owner of said
easement shall shall not be abrogated or affected by a sale for the
nonpayment of taxes on the above described Parcel or any part thereof,
or any similar proceeding.
6. That the aforementioned covenants and restrictions shall be
covenants running with .the land.
And the said Grantor does hereby fully warrant the title to said land,
and will defend the same against the lawful claims of all persons
whomsoever.
• IN WITNESS WHEREOF, the said Grantor has caused these presents
to be executed by its President, and its corporate seal to be
affixed, attested by its Secretary, the day and year aforesaid.
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"" PALM BEACH CABLE TELEVISION MPANY
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Wcat2377 PA6E1756
Signed, sealed and delivered RECOiD
in the presence of:
ti i( X-Cez,( -3-
STATE OF FLORIDA )
) ss .
COUNTY OF PALM BEACH )
Before me personally appeared T. S. Gilchrist, Jr.
and John H. Perry, III
respectively, vice President and Asst Secretary of PALM BEACH
CABLE TELEVISION COMPANY, to me well known, and they acknowledged before
me that they executed the foregoing instrument as such officers of said
corporation, and that they affixed thereto the official seal of said
corporation; and I FURTHER CERTIFY that I know the said persons making
said acknowledgements to be the individuals described in and who executed
the said instrument.
WITNESS my hand and offical seal this 20th day of Decex�''''''•i�d '74..
4• ..
CL- 011'1". (7 .• 4S 2
Notary Public/
State of Flofida at La
My Commission expires June 13, 1977 47
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SURVEYOR'S CERTIFICATION
NOTE: NO SEARCH OF • 1 3ERE3Y CERTIFY that the sketch shown hereon is a true and
THE PUBLIC RECORDS HAS accurate representation of the accompanying description and
BEEN MADE BY THIS OFFICE. complies with the Minimum Technical Standards as set forth
by the Florida 3. ard of Land Surveyors, pursuant to Section
*SEE SHEET 2 OF 2 FOR 472.027 Florida Statutes.
LEGAL DESCRIPTION. ��,�
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SKETCH I S BASED UPON A / I Riehar F E raitambaeh
Profession Land Surveyor
DRAWING PRODUCED BY Fla. Certificate No. 397$
ROBERT E. OWEN & ASSOC. . INC. Notes This instrument is not •alid unless sealed with an
FI LE*D•107d}-0 01 embossed surveyor's seal,
n scatt, 13 P AT DRAWN BY PROJECT
��'�O CENTEL CABLE- LANDMARK SURVEYING 9 MAPPING
7 Pt '04TT 1180 FOREST HILL mOULEVARO
p DES 1� SUITE 100
t� 5�j TGH O F PHONE:IDOS1e7S•S4OS W.PL1� eCM it
H41?- ENO 61re.. APPROVED BY: \�
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CENTEL CABLE HEAD-END SITE
LEGAL DESCRIPTION
A CERTAIN PARCEL OF LAND LYING WITHIN SECTION 30,
TOWNSHIP 40 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 30,
TOWNSHIP 40 SOUTH, RANGE 43 EAST, THENCE SOUTHERLY ALONG THE
WEST LINE OF SAID SECTION 30, A DISTANCE OF 719.25 FEET;
THENCE 90°20'00" FROM NORTH TO EAST A DISTANCE OF 106.76
FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF OLD
DIXIE HIGHWAY AS NOW LAID OUT AND IN USE, SAID POINT
BEING THE POINT OF BEGINNING AND THE NORTHWEST CORNER OF
THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE CONTINUE
ON THE SAME COURSE A DISTANCE OF 101 .80 FEET; THENCE 113°
02'35" WEST TO SOUTHEAST, ON A LINE PARALLEL AND 5.00 FEET
EAST OF AN EXISTING ONE-STORY C.B.S. PUMP HOUSE, A DISTANCE
OF 41 .32 FEET; THENCE 90°00'00" FROM NORTHWEST TO SOUTHWEST,
ON A LINE PARALLEL AND 5.00 FEET SOUTH OF SAID ONE-STORY
C.B.S. PUMP HOUSE, A DISTANCE OF 94. 13 FEET TO A POINT ON
THE EASTERLY RIGHT OF WAY OF OLD DIXIE HIGHWAY AS NOW LAID
OUT AND IN USE; THENCE 89°41 '00" FROM NORTHEAST TO NORTHWEST
ALONG THE SAID EASTERLY RIGHT OF WAY OF OLD DIXIE HIGHWAY A
DISTANCE OF 81 . 17 FEET TO THE POINT OF BEGINNING.
CONTAINING 5755.2 SQUARE FEET (0. 13 ACRES) MORE OR LESS .
SHEET 2 OF 2