HomeMy WebLinkAboutAgreement_Easements_12/20/1974_ GRANT OF EASEMENT
THIS INDENTURE, dated this 20th day of December, 1974, by and between
VILLAGE OF TEQUESTA, FLORIDA, a municipal corporation, hereinafter
called the Grantor, and PALM BEACH CABLE TELEVISION COMPANY, a
Florida corporation, hereinafter 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:
WHEREAS, the Grantee has this day granted and conveyed to the
Grantor that certain parcel of land in Palm Beach County described
as follows:
• Commencing at the Northwest corner of Section 30,
Township 40 South, Range 43 East, Palm Beach County,
Florida, thence Southerly along the West line of
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;
thence along same deflecting to the left, 89° 40 ' 00" ,
a distance of 354.90 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
of the hereinafter described parcel; thence continue
on the same course, a distance of 962.92 feet; thence
deflecting to the left, 900 13 ' 30" , a distance of
600.79 feet; thence deflecting to the left, 89° 46 ' 30" ,
a distance of 310 feet to a point hereinafter referred
to as POINT "A", thence continue on the same course, a ;.
distance of 190 feet; thence deflecting to the left
90° 00 ' 00" , a distance 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 POINT OF BEGINNING.
Subject to existing wells, electrical service, piping and
storage area owned by Grantee, and to an existing 33 foot
American Telephone and Telegraph Company Easement as now
laid out and in use on the above described parcel, and,
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
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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,
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 continue on the same course, a distance
of 23 feet; thence easterly, parallel 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,
hereinafter called parcel One; and,
WHEREAS, the Grantor is the owner of an adjoining parcel of land
in Palm Beach County, Florida described as follows:
Commencing at the Northwest corner of Section 30,
Township 40 South, Range 43 East, Palm Beach County,
Florida, thence Southerly along the West line of said
Section 30, a distance of 1320.05 feet to the South
line of the Northwest Quarter of the Northwest Quarter
of said Section; thence along same deflecting to the
left 89° 40 ' 00" , a distance of 354. 90 feet to a point
on the Easterly Right of Way Line of Old Dixie Highway
as now laid out and in use, thence deflecting to the left
112° 43 ' 35" , along said Easterly Right of Way Line,
a distance of 283 feet to the POINT OF BEGINNING of the
hereinafter described parcel; thence continue on the
same course, a distance of 368.36 feet, thence deflecting
to the right 112° 43 ' 35" , a distance of 712.20 feet;
thence deflecting to the right 90° 00 ' 00" , a distance -
of 339.76 feet; thence deflecting to the right 90° 00' 00",
a distance of 569.89 feet to the POINT OF BEGINNING.
Subject to existing structures, tanks and pipes as now
constructed and to an existing 33 foot American Telephone
and Telegraph Company Easement as now laid out and in use,
hereinafter called Parcel Two; and,
WHEREAS, the Grantor has agreed in consideration of the sum
of Ten Dollars ($10.00) and other good and valuable consideration
to grant to the Grantee an easement located over Parcel Two which
shall be contiguous to the easement reserved by the Grantee over
Parcel One,
NOW, THEREFORE, in pursuance of this agreement and in consideration
of the sum of Ten Dollars ($10.00) and other good and valuable con-
sideration, the receipt of which is acknowledged, and of the premises
and mutual covenants herein contained: •
1. The Grantor does hereby give, grant and convey to the Grantee
an easement over, across, in, upon and under those portions of the
following described land which lie within Parcel Two:
An assignable and irrevocable easement in gross in
perpetuity for ingress and egress, and for the location
of overhead and underground cables (or devices substi-
tuted therefor) for the transmission of communications,
electronic signals, and/or electric power or other utili-
ties over the following parcel owned by Grantor, which �.
easement shall be fully assignable:.
The North 20 feet of the following described tract:
Commencing at the Northwest corner of Section 30,
Township 40 South, Range 43 East, Palm Beach County,
Florida, thence Southerly along the West line of said
Section 30, a distance of 1320.05 feet to the South
line of the Northwest Quarter of the Northwest Quarter
of said Section; thence along same deflecting to the
left 89° 40 ' 00" , a distance of 354.90 feet to a point
on the Easterly Right of Way Line of Old Dixie Highway
as now laid out and in use, thence deflecting to the left
112° 43 ' 35" , along said Easterly Right of Way Line, .
a distance of 283 feet to the POINT OF BEGINNING of the
hereinafter described parcel; thence continue on the
same course, a distance of 368.36 feet, thence deflecting
to the right 112° 43 ' 35" , a distance of 712.20 feet;
thence deflecting to the right 90° 00' 00", a distance
of 339.76 feet; thence deflecting to the right 90° 00 ' 00" ,
a distance of 569.89 feet to the POINT OF BEGINNING.
Subject to the existing pump house and storage tank on such
parcel. Subject to an easement for ingress and egress and
the maintenance and operation. of a TV Tower described as
follows: Being the North 20 feet of the above described
parcel, said Easement being subject to existing structures,
tanks, pipes, etc. , as now constructed.
Also, the Parcel is Subject to an existing 33 foot American
Telephone and Telegraph Company Easement as now laid out
and in use.
-3- .
2. The Grantor covenants and agrees with the Grantee that the
easement described herein shall be deemed an easement for a public .
service purpose in accordance with Florida Statutes 197.525 (1971) ,
so that the rights of the owner of said easement shall not be abrogated
or affected by a sale for the non-payment of taxes on the above
described parcel or any part thereof, or any similar proceeding,
and that this covenant shall be a covenant which runs with the land.
IN WITNESS WHEREOF, the Grantor has caused these presents to be
executed by the Mayor and attested by the Village Clerk duly authorized
by resolution of the Council at a meeting held in the Village Hall
on
VILLAGE OF TEQUESTA, FLORIDA
BY 277,,,Xvi
Mayor
As To Grantor / Village Manager
ATTEST:
4Ni A.-0_ -A2-ihd—
Village Clerk
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before me personally appeared THOMAS J. LITTLE and ROBERT HARP
to me well known and known to me to be the individuals described in
and who executed the foregoing instrument as Mayor and Village- Manager
of the above named THE VILLAGE OF TEQUESTA, FLORIDA, a municipal.
corporation, and severally acknowledged to and before me that they
executed such instrument as such Mayor and Village Manager, respectively,
of said corporation, and that the seal affixed to the foregoing
instrument is the corporate seal of said corporation and that it-
was affixed to said instrument by due and regular corporate authority,
and that said instrument is the free act and deed of said corporation.
WITNESS my hand and official seal this day of February, 1975.
Notary Public
State of Florida at Large
My Commission Expires: