The URL can be used to link to this page

Home My WebLink AboutAgreement_Easements_06/29/2009,' Record & Return To: Lori McWilliams ~ Village Clerk Village of Tequesta 345 Tequesta Drive Tequesta, Florida 33469 i~~A~~~~fl~ll~l~~~~ll~~ CF'td t3t3`~t3'y' 17:3? l7~Ft $Eti '~:3:31~ PC ta~487 REGDRt}Et~ £}7J02J X09 1t3:O7:31 Palm Beach Gounty, Florida Sharon R. Back, GLER[i ~ GoMPTR13LLER CORRECTIVE EASEMEN1~~e o48'7 - 490, t 4pgs Utility Line Direct Bore Installation and Access for Service THIS CORRECTIVE EASEMENT is executed this ~~ day of JuN~ , 2009, by WHITEHALL ASSOCIATION, INC., whose address is 478 Tequesta Drive, Tequesta, Florida 33469, on behalf of the Whitehall Private Dwelling Owners, as those terms are defined and used in the Declaration of Condominium for the Whitehall Condominium Apartments recorded in the Public Records of Palm Beach County at Official Records Book 1318 Page 82, owners of the property described hereinbelow, hereinafter referred to as "Grantor", in favor of the VILLAGE OF TEQUESTA, a municipal corporation existing under the laws of the State of Florida, whose address is 345 Tequesta Drive, Tequesta, Florida 33469, hereinafter referred to as "Grantee." THIS CORRECTIVE EASEMENT corrects that certain Easement executed by WHITEHALL ASSOCIATION, INC. on the 5"' day of March, 2009, in favor of the VILLAGE OF TEQUESTA, as recorded in the public records of Palm Beach County, Florida at Official Records Book 23123, Page 1988. WITNESSETH That Grantor, for and in consideration of the sum of Two Thousand and No/100 Dollars ($2,000.00), along with other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant to Grantee, its successors and assigns, anon-exclusive perpetual easement over, across and under the property located in Palm Beach County, Florida, particularly described and depicted on Exhibit "A" attached hereto and made a part hereof (the "Easement Area"), to install as part of the Tequesta Drive Bridge construction project, conduits and utility lines, including, but not limited to, electric, telephone, gas, water and/or sewer (the "Facilities"), approximately 20 feet below the surface of the Easement Area via the process of direct bore, and to maintain, repair and replace the Facilities from time to time within the Easement Area. Grantee is aware of the drainage easement previously granted to Palm Beach County, as recorded in Official Records Book 1242, at Page 577 of the public records of Palm Beach County, Florida for the installation and maintenance of storm water drainage and agrees to coordinate all activities within the easement area with Palm Beach County. Grantor shall not grant any additional easement in, on, over, under or across the Easement Area, without Grantee's prior written consent, which shall not be unreasonably withheld. Grantor shall not interfere with Grantee's utilization and enjoyment of the Easement Area, including Grantee's access to -1- maintain, repair and replace the Facilities from time to time within the Easement Area. Grantor represents and warrants to Grantee that Grantor's Private Dwelling Owners possess fee simple title to the Easement Area, and that Grantor is authorized to execute this Easement on their behalf. By acceptance of this Easement, Grantee covenants and agrees that, in connection with the direct bore installation, as well as the maintenance, repair and/or replacement of the Facilities, Grantee, at its own cost and expense, shall be responsible for returning the Easement Area as well as any other facilities located in the Easement Area by virtue of other grants of easement or by placement by Grantor, to their previously undisturbed state. Grantee hereby indemnifies Grantor from and against all claims, demands, liabilities, losses and damages arising by reason of, or relating to, any use of the Easement, including, without limitation, those arising from or relating to personal injury, and agrees to defend Grantor against same, including costs and attorneys' fees of any action brought against Grantor. This 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. IN WITNESS WHEREOF, the Grantor has executed this Easement as of the date first above written. WITNESSES: Signed, sealed and delivered in the presence of P 'nt: J~ r` ( R GRANTOR: WHITEHALL ASSOCIATION, INC. B R m Bushnell, President ~--~_ Print: ~of~2~ ~a ~ d~ STATE OF 1= L O ~Z -~ /-~ COUNTY OF ~~,q~ 6r~icta The foregoing instrument was acknowledged before me this z ~ day of Sv,~c , 2009, by Raymond Bushnell, President of the Whitehall Association, Inc., on behalf of the Corporation, and its Private Dwelling Owners, who is personally known to me -or- who has produced as identification . WITNESS my hand and official seal in the county ands state last aforesaid this 2 g day of `jy,~~~ , 2009. (seal) No ry Signature -2- LEGAL DESCRIPTION 4RCEL N0. 2, JUPITER MANOR, ACCORDING TO THE PLAT THEREOF PLAT BOOK 12, PAGE 38 OF THE PUBLIC RECORDS OF PALM BEACH LYING WITHIN SECTION 25, TOWNSHIP 40 SOUTH, RANGE 42 EAST, TICULARLY DESCRIBED AS FOLLOWS: AT THE INTERSECTION OF THE CENTERLINE OF EL PORTAL )(A VARIABLE WIDTH RIGHT-OF-WAY), AS SHOWN ON SAID PLAT INE OF SAID SECTION 25; THENCE SOUTH 88'07'39" EAST, ALONG A DISTANCE OF 1575.53 FEET; THENCE SOUTH 01'52'21" WEST, A ?0 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SAID IESTA DRIVE) AND THE POINT OF BEGINNING OF HEREIN DESCRIBED '07'39"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF A POINT ON THE WEST LINE OF THE NORTHERLY PRONG OF THE /ER; THENCE S27'08'58"W, ALONG SAID WEST LINE, A DISTANCE OF JCE N78'S5'09"W A DISTANCE OF 16.90 FEET; THENCE N82'19'38"W 9.88 FEET; THENCE N80'00'16"W A DISTANCE OF 19.96 FEET; I "W A DISTANCE OF 41.23 FEET TO THE POINT OF BEGINNING. SQUARE FEET, MORE OR LESS. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF TWE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT-OF-WAY AND/OR EASEMENTS OF RECORD. ,1. f ~-z~- -~ Michael> T~ ~Ko6od `'. ~czyk Signature Date ProfessionaJ~~. Sua'veyor and Mapper Florl~~ Cer-t';i~flca`te dVo. 3864 ' ~ Sheet 1 of 2 `p ; Q D ~ ~~ I ~ON ••~ Flle: 09-1025&d ~ CULPEPPER Se TERPENING, INC ` ~\ ^ - ease2.dwg CONSULTING ENGINEERS I LAND SURVEYORS OF Date: 6-25-2009 2980 SOUTH 25th STREET FORT PIERCE, FLORIAA 34981 EASEMENT Tech: GLM PHONE 772-464-3537 FAX 772-464-9497 www•ct-eng.com STATE OF FLORIDA CERTIFICATION No. LB 4286 EXH ~ ~ ~7 ~,q .. SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY POC INTERSECTION OF THE WEST UNE OF SECTION 25-40-42 AND C/L ~ OF EL PORTAL (PLAT BOOK 13, PAGE 38) ~ C/L OF EL PORTAL {BEARING BASE PER (PLAT BOOK 13, S88'07'39"E PAGE 38) ~ 1575.53 I - - `1'- - ---- I so1's2'21 "w 15 0 ' 1 . 0 ~ ' S88'07'39"E ~ N~~. 41'5 ~. 1 ' W 41 2 . 3 tvu.,.., _ TEQUESTA DRIVE (EL PORTAL) {rN, M H GRAPHIC SCALE so o ~0 20 ~,~~,. ~~~_~ SOUTH RIGHT-OF-WAY TEQUESTA DRIVE - r (EL PORTAL) i 103.87' N78'S5'09"W 16.90: -1 g gg~ s ~ w 19.88 o N82.1 g'38"w ,,sue ~~ >' ~ 4 ~ti o c~ <vo'Z~ J=2~2~ h~v ~~ ~~~~V 20}~~ ~,L o ~~ O W 1•-I a w x U a° Sheet 2' of 2 Q z ~ PARCEL N0. 2 JUPITER MANORS -SECTION ONE (PLAT BOOK 12, PAGE 38) WEST LINE ~ SECTION 25~--40-42 I -- --- - -- "~ - - _____ ~ =CENTERLINE POB =POINT OF BEGINNING POC =POINT OF COMMENCEMENT BEARINGS SHOWN HEREON ARE ASSUMED AND RELATIVE TO THE CENTERLINE OF EL PORTAL HAVING A BEARING OF S88'07'39'E SKETCH OF DESCRIP110N EASEMENT File: 09-1023&CI CULPEPPER TERPENING, INC ease2.dwg CONSULTING ENGINEERS i LAND SURVEYORS Date: 6-25-2009 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 PHONE 772-464-3537 FAX 772-464-9497 Tech: GLM ~w-ct-eng.com STATL OF FLORSDA CERTIFICATION No. LIi 4286