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HomeMy WebLinkAboutAgreement_Easements_11/30/2009Florida Department of char-ie Crist Governor Environmental Protection .-etr Kottkamp Marjory Stoneman Douglas Building Lt Governor 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Michael W. Sole Secretary November 18, 2009 Village of Tequesta Florida Public Services Manager 136 Bridge Road Tequesta, Florida 33469 RE: BOT File No.: 500233976 Lessee: Village of Tequesta, Florida Dear Mayor Pat Watkins Enclosed is an easement instrument, which requires acceptance by your notarized signature (two witnesses required). Pursuant to Chapter 695, Florida Statutes, the names of the person executing the instrument, the two witnesses, and the notary public must be legibly printed or typewritten directly below that person's signature. Please complete and return the enclosed data information form that provides us with updated billing information, sales tax information, and other data required pursuant to Section 24.115(4), Florida Statutes. Please execute and return the enclosed instrument/documents and any additional information requested within 30 days after receipt of this letter. Upon receipt and acceptance, we will transmit the easement instrument for final departmental execution. A fully executed instrument will be provided to you for recording in the county records where the facility is located. Your cooperation and assistance are appreciated. If you have any questions regarding this matter, please feel free to contact me at the letterhead address above (Mail Station No. 125) or at (850) 245-2720. Sincerely, T n J. Lewis Government Operations Consultant I Bureau of Public Land Administration Division of State Lands Enclosures: Lease Instrument, Billing Information Form By FedEx r1-iore Protection. Less Process " irtii~r. clop. sYute. f 1. u.r BILLING INFORMATION FORM PAYMENTS FOR LEASE NO. Billing Contact Person: "`r v<ti~ r, '~ ~ ~ ~ " - ~i j'~ ~. Billing Address: / / ..~ -~- ~ 7 5 / c ~l~ ~ S ~ ~ I~12~ 4~c Post Office Box: city: _..-~- / ~ ~ j% u ~ S i /~ State: ~~' Zip Code: Telephone Number: (7 ~'~ 1 Area Code Fax Number: (~(~ ~ ) Are Co e E-Mail Address: 1 ~ ~ I ~-~. ~ ~°~ C -~(V F,3`~°C~ . ~ t ~' Facility Address: ~~~SJ E ~ ''C/ % ~ (~~'ll~~ City: .~^ ~~l~E S r/~ State: ~e! Zip Code: ~ .~ 7 ~J SALES TAX CERTIFICATION/EXEMPTION Six percent (6%) sales tax is due on each lease fee payment unless the Lessee can claim an ownership exemption. I/We are exempt from sales tax for the reason checked below. [ ~ Government Agency: ~5 ' ~~) ~(D~'`~c~C- `J (Exemption Number) [ ] Exempt Organization: (Exemption Number) [ ] Lease and collect sales tax on all available dock spaces. (Sales Tax Number) [ ] Lease and collect sales tax on some available dock spaces but fully assume the responsibility to remit six percent sales tax on that portion of space on which no sales tax is charged. (Sales Tax Number) [ ] None of the above can be claimed. A copy of the Florida Annual Resale Certificate For Sales Tax or the Certificate of Exemption must accompany this form to claim this exemption pursuant to Section 212.07(1)(b), F.S. If Lessee is a Business/Corporation, Federal Employer Identification Number: I/We certify that the above information is correct and agree to NOTIFY THE BUREAU OF PUBLIC LAND ADMINISTRATION'S ACCOUNTING SECTION AT (850) 245-2720 within 30 days of the date of any change in the above designated billing agent, phone number, fax number or Lessee's tax status. Signed ~ / ~ ~.~ .ci: . ~ , Lessee/Authorized Entity ~~~~_~_. Date~~~ For Recurring Revenue Section Use Only Billing Form to Accountant: , Originator's signature Data Entered by Accountant: , Accountant's signature c~ ..d .~ ~ ~ ~ o ~ ~ M M ~ N ~ O ~ O _, c o E~ z~ ~° Cb r ora, ~ o-~ i .7w~ i ~, t;rrecnve i u- i ~-yu I t ecnmcal change 7/16/U l J (I ec Change 9- l~-08) 00031 Consumer's Certificate of Exemption I R 04/05 Issued Pursuant to Cha ter 212 Florida Statutes 07/07/07 DEPARTMENT P f OF REVENUE 85-80126464520-5 07/23/2007 07/31/2012 MUNICIPAL GOVERNMENT This certifies that VILLAGE OF TEQUESTA 345 TEQUESTA DR TEQUESTA FL 33469-3062 is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. DEPARTMENT OF REVENUE Important Information for Exempt Organizations DR-14 R. 04/05 You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1.038, Florida Administrative Code (FAC). 2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others by your organization of tangible personal property, sleeping accommodations or other real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches arp Pxe!Ylpt from #his rpq~ ~irement except when they are the !QSSOr of real rroperh; (R~!!e 12A-1.070, FACT. 5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third degree felony. Any violation will necessitate the revocation of this certificate. If you have questions regarding your exemption certificate, please contact the Exemption Unit of Central Registration at 850-487-4130. The mailing address is PO BOX 6480, Tallahassee, FL 32314-6480. Illllllllllllllllllllllllllllllllllllllllllll This Instrument Prepared By: Taurean J. Lewis Recurring Revenue Section Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. l25 Tallahassee, Florida 32399 IhISTFt ~1;.~~S1F; C1F~ E' 1'. ~~?4r33 F'G ~~629 f'95 Ob29 - 6381 (10P95) RECORDED ~li/21/2~710 ~38~i7:49 AM MARSHA EWING C:LERY, OF MARTIN COUNTY FLORIDA REGORDEf) EY G Hunter BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS EASEMENT NO. 41163 BOT FILE NO. 500233976 PA NO. 50-0293626-001 TH[S EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Grantor. WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated herein, the Grantor does hereby grant to Village of Teauesta Florida, hereinafter referred to as the Grantee, a nonexclusive easement on, under and across the sovereignty lands, if any, contained in the following legal description: A parcel of sovereignty submerged land in Section 25 , Township 40 South, Range 42 East, in Loxahatchee River, Palm Beach County, as is more particularly described and shown on Attachment A, dated June 26, 2009 and June 30 2009. TO HAVE THE USE OF the hereinabove described premises for a period of 50 years from April 29, 2009, the effective date of this easement. The terms and conditions on and for which this easement is granted are as follows: l . USE OF PROPERTY: The above described parcel of land shall be used solely for the placement of one subaaueous 18-inch diameter force main one subaqueous 12-inch diameter water main with four 3 inch diameter electrical conduits attached, and one bore hole containinK two 6-inch diameter electrical conduits and the dredging thereof, and Grantee shall not engage ~n any activity except as described in the State of Florida Department of Environmental Protection, Consolidated Environmental Resource Permit No. 50-0293626-001, dated April 29, 2009; incorporated herein and made a part of this easement by reference. All of the foregoing subject to the remaining conditions of this easement. 2. EASEMENT CONSIDERATION: In the event the Grantor amends its rules related to fees and the amended rules provide the Grantee will be charged a fee or an increased fee for this activity, the Grantee agrees to pay all charges required by such amended rules within 90 days of the date the amended rules become effective or by a date provided by an invoice from the Department, whichever is later. All fees charged under this provision shall be prospective in nature; i.e. they shall begin to accrue on the date that the amended rules become effective. 3. WARRANTY OF TITLE/GUARANTEE OF SUITABILITY OF USE OF LAND: Grantor neither warrants title to the lands described herein nor guarantees the suitability of any of the lands for any particular use. 4. RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prior rights of the United States and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this easement. 5. DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE RIGHTS: Grantee shall not damage the easement lands or unduly interfere with public or private rights therein. 6. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This easement is nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of the property to third parties during the term of this easement. 7. RIGHT "f0 INSPECT: Grantor, or its duly authorized agent, shall have the right at any time to inspect the works and operations of tl~e Grantee in any matter pertaining to this easement. 8. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. [43 ] 9. VENUE: Grantee waives venue as to any litigation arising from matters relating to this easement and any such litigation between Grantor and Grantee shall be initiated and maintained only in Leon County, Florida. 10. ASSIGNMENT OF EASEMENT: This easement shall not be assigned or otherwise transferred without prior written consent of the Grantor or its duly authorized agent and which consent shall not be unreasonably withheld. Any assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect. 11. TERMINATION: The Grantee, by acceptance of this easement, binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Grantee, its successors and assigns. In the event the Grantee fails or refuses to comply with the provisions and conditions herein set forth or in the event the Grantee violates any of the provisions and conditions herein, this easement may be terminated by the Grantor upon 30 days written notice to Grantee. If terminated, all of the above-described parcel of land shall revert to the Grantor. All costs, including attorneys' fees, incurred by the Grantor to enforce the provisions of this easement shall be paid by the Grantee. All notices required to be given to Grantee by this easement or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: VILLAGE OF TEQUESTA c/o Public Services Manager 136 Bridge Road Tequesta, Florida 33469 The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (10) days before the change is effective. 12. TAXES AND ASSESSMENTS: The Grantee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this easement which result from the grant of this easement or the activities of Grantee hereunder. 13. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Grantee does not remove said structures and equipment occupying and erected upon the premises after expiration or cancellation of this easement, such structures and equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Grantee at the address specified in Item 11 or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall be in addition to all other remedies available to Grantor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 14. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Grantor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 15. RECORDATION OF EASEMENT: The Grantee, at its own expense, shall record this fully executed easement in its entirety in the public records of the county within which the easement site is located within fourteen (14) days after receipt, and shall provide to the Grantor within ten (10) days following the recordation a copy of the recorded easement in its entirety which contains the O.R. Book and pages at which the easement is recorded. 16. AMENDMENT/MODIFICATIONS: This easement is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted, acknowledged and executed by the Grantee and Grantor. 17. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Grantee shall obtain the U.S. Army Corps of Engineers (COE) permit if it is required by the COE. Any modifications to the construction and/or activities authorized herein that may be required by the COE shall require consideration by and the prior written approval of the Grantor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 18. ADDITIONAL STRUCTURES OR ACTIVITIES/EMERGENCY STRUCTURAL REPAIRS: No additional structures shall be erected and/or activities undertaken, including but not limited to, dredging, relocation/realignment or major repairs or renovations made to authorized structures, on, in or over sovereignty, submerged lands without the prior written consent from the Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the Grantor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Grantee to administrative fines under Chapter 18-14, Florida Administrative Code. If emergency repairs are required to be undertaken in the interests of public health, safety or welfare, the Grantee shall notify the Grantor of such repairs as quickly as is practicable; provided, however, that such emergency activities shall not exceed the activities authorized by this easement. 19. UPLAND RIPARIAN PROPERTY INTEREST: During the term of this easement, Grantee must have satisfactory evidence of sufficient upland interest as defined in subsection 18-21.003(57), Florida Administrative Code, to the extent required by paragraph 18-21.004(3)(b), Florida Administrative Code, in order to conduct the activity described in this easement. If at any time during the term of this easement, Grantee fails to comply with this requirement, use of sovereignty, submerged lands described in this easement shall immediately cease and this easement shall terminate and title to this easement shall revert to and vest in the Grantor immediately and automatically. Page 2 of 10 Pages Easement No. 41163 WITNESSES: ~~~~ . Original Signature i , -f ; ~ l.P..,r . S Prin ame of Witness .I ~G Ori al Signatu e C,~ ~~~ Print/Type N~a ne of Witness BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FL RIDA + 9 ~ (SEAL) ~ ~y~ BY: ~ ,/,..,,,, ~~~" Jeffe~5y~N1. G try, Operations and Manage'~nent Consultant Manager, B eau of Public Land Administration, Division Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal hnprovement Trust Fwd of the State of Florida "GRANTOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this ~~- day of~{'~(~' ~{~,1~-/'" , 2pC~~ by Jeffery M. Gentry Operations and Manaeement Consultant Manager Bureau of Public Land Administration, Division of State Lands State of Floi ida De artment of Envn•onntental Protection as ent for and on behalf of the Board of Trustees of the Internal 1 i rovement Trust Fund of the State of Florida. He is per onal kn q me. i J APPRO ED A O ~ORM A EGALITY: %%~'~~~~, ~~. Nota Public, State fFlorida DEF{ orney ` Printed, Typed or Ala o ary E uo is + ~iy C Griffin ~, ~ iusy Commission DD727692 My Commission pi~s:~°~ ~xplcAs 10130%2011 Commission/Serial No. WITNESSES: Village of Teauesta, Florida (SEAL) '' L 11~' ~t_,~r` ' ~~ I ~ ~t _~ - _~W-~ ttac ~ -- BY '~ .~ ~ ~ ~, ~ 3b~/~ Onginal Signature Ongmal Signature of Executing Aut ority ~..;_ ' ~ ~ ~ ~ t ~ E ~'~' ~ ~ ~` ~~ ~~``% Pat Watkins Typed/Printed Name of Witness Typed/Printed Name of Executing Authority ~~~''; ~~ wr .~ y~ '' Mayor -~- ~ ~. Original Signature ~% Title of Executing Authority Typed/Printed Name of Witness "GRANTEE" STATE OF~GIj ~ /L> 19 COUNTY OF -~/~ L/~l !."~ ~~ ~ H The foregoing instrument was acknowledged before me this ~'' day of ~` ~' t, '~~ t=/~l ~Y' , 20 C? ~~, by Pat Watkins as Mayor, for and on behalf of Village of Te uesta, Florida. She is personally known to me or who has produced as identification. My Commission Expires: ~ /~~ l,~ ~ ~ ~ ~ i'!'.~ t~ C..~E~t,(. '"-" Notary Public, State of FLIJ,C'I D/9 Conunissio->/Serial No. Printed, Typed or Stamped Name ~ti~'~°~i;-- Lori McWilliams _•• :_ Commission DD 798791 ~• •~ Expires October 18, 2012 '~.,~,~,~~`~ Bondad ThN T!oy Fain Irreurance 800-385-7019 Page 3 of 10 Pages Easement No. 41 163 Section: ~ Township: ~ South Range: ~ East ------ -, inp ?k8 I Irx (C~ N• t ~ t1 t' ' .~ y _ .t ~• Q .~ ~ ' .' 1 ~` -~.: :~~.',~ A~ ,~ r ~r1 Facility Address: Tequesta Drive Bridge, Tequesta, Florida r_ ~ ~+ sr:r ~ ~ ~ ~ ~ m ~ ~ ~ ~ ~ e, -~ .. " w w Z Q ~ ~ y~ PI ~.. ~ rwn w w w h 4 to 4 I•, rn ~ s m ~..ounW CIuD Dr ~ ..... 9 County Une Rd F;drxay N g ~ ~ U ~ Mark St ~ ' y'tr~,..~ 'C ~ ~ ~ RMer1 SI a ~. rage, ~ n m ~ ~ Wngo St N ~ _ ¢ ~ d Crd° Russell S7 `~~ ~~ ~^~ pneh111 Try. ty ~ Tequesta Country 4 r Club ie~ < $ vn:equ elr~ t ~ a Q~ Q L PAS u SlnrDlwd VJny ~ mSS' s ~ ~~' &nnm Rd ~y, SAY PI ~ ~ i ~ $ 4~. 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Rc ~ gg3 ~ s ~ ` ~ ~~ N ~ FrerJdn RE i° ~ vi 4 S C' '~ ~y~rw Terrooe y RIw Dr ~ tinevlex Ra 7 Windaa RdW ~ Z 2 WlrMan RC E n q, ~ ~ a„rely Rd w ~ Q H~ "b4 ,~ 7~ z a m E e ~Ad ~ d ~ ~ ~ ~ a ~ S $ vy '~ +: Penrgtlr Ppn( Rtl oL, Q S ~ h U A d ~4JeDr V~~, ~.~'~ Snitley tk F~ ao = .~ Z LIc ~ Olp 1Ay9hc Ct Pont ~n E ~ ~°C y v` ~ ALT sec Ula Fort Julrilar Ra AtA ~`~~ ~~ DI m a i PI ~ ~rysaa ~ A1A ~ ~~0 Z c ~ ~~ tl ChBdrens ~Y ~n ~ Park R~1 1 °~ 6•t, 5 ~ ~ n c n _ _ Z ©2009 Navteq ©2009 Nicrosoft Attachment A Page ~ of l0 Pages Easement No. -111G> s m m y 0 s 8 a a LEGAL DESCRIPTION BEING A 4.00 FOOT WIDE EASEMENT LYING 2.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, AND BEING A PORTION OF SUBMERGED LANDS, LYING IN SECTION 25, TOWNSHIP 40 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF EL PORTAL (TEQUESTA DRIVE) A5 SHOWN ON THE PLAT OF JUPITER MANOR, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 38 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE WEST LINE OF SAID SECTION 25; THENCE SOUTH 88'07'39" EAST, ALONG SAID CENTERLINE, A DISTANCE OF 1,673.44 FEET; THENCE SOUTH 01'52'21" WEST, A DISTANCE OF 27.61 FEET TO A POINT ON THE WESTERLY MEAN HIGH WATER LINE OF THE NORTHERLY FORK OF THE LOXAHATCHEE RIVER AND TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED CENTERLINE; -SAID POINT OF BEGINNING BEING AN INTERSECTION WITH A CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES N10'S7'S4"E, A RADIAL DISTANCE OF 783.19 FEET; THENCE EASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 11'50'59", A DISTANCE OF 161.98 FEET TO THE INTERSECTION WITH A NON TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 4,000.36 FEET, THE CHORD OF WHICH BEARS N89'43'29"E; THENCE EASTERLY ALONG THE ARC OF SAID CURVE. A DISTANCE OF 40.01 FEET THROUGH A CENTRAL ANGLE OF 00'34'23" TO THE INTERSECTION WITH A NON TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 791.71 FEET, THE CHORD OF WHICH BEARS N85'43'46"E; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 99.86 FEET THROUGH A CENTRAL ANGLE OF 07'13'38" TO A POINT OF TANGENCY; THENCE N83'26'00"E A DISTANCE OF 52.64 FEET TO THE POINT OF TERMINATION. I CONTAINING 1,418 SQUARE FEET, MORE OR LESS. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE 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. " ';~ '$ ~ ~, ~ r ;, ~~. ~~f ~ ~I ~ f 'S ~ ~ / -. ~ =~ ~- a~ -p ~It~~ite T. kold'zi.ejczyk Signature Date B~rof~s~;~~c_?n:Oj r`veyor. acid .Mapper .,-~ Fl~rda ,ttft~~te-"'No. 3864 , ~.,' +•'' ^t, ,< Sheet 1 of 3 x ~ ~ ~E~CRIPTION File: 09-102s&d CULPEPPER TERPENING, INC eose~.dwg CONSULTING ENGINEERS I LAND SURVEYORS OF Dote: 6-25-2009 2980 SOUTii 25th STREET FORT PIERCE, FLORIDA 34981 EASEMENT Tech: GLM PHONE 772-4G4-3537 FAX 772-464-9497 www.ct-eng.com STATE OF FLORIBA CF1t11FICA1'ION No. LB 4286 Attachment A Page 5 of 10 Pages Easement No. 41163 I I I UNPLATTED I ^--•-~_ NORTH' RIGHT-OF-WAY TEQUESTA DRIVE TEQUESTA DRIVE EL PORTAL) (BEARING BASE) I S88'07'39"E 1673.44' in 0 0 a a ~ ~ o 0 R 1 1 GRAPHIC SCALE ~ ' ~ 0 13 30 , ~ . -~ t nt racer) ~ 1 !rah ~ 90 Ik , _ _ _ _ _ ~ I ~ ~ ~ ----------------------- ---------- - ~ i BRIDGE w C/L OF EL PORTAL W ~ ~ , PER (PLAT BOOK 13, PAGE 38) = w ~ ~ CONCRETE ~ W ~ ~ BULKHEAD Q W ~ ---------------------- -------------- --- --- Z - ; ~ I i R=783.19' X = U ~ S01'52'21 "W I b=11'50'59" L=is1.98' ~ _,1 i .. Q ~ ~ 27.61' N10'S7'54"E (RADIAL) C=584.57'35"E ~ ~ Iw POB _ 161.69' ~ i WEST M.H.W LINE OF a~ ~ THE NORTHERLY FORK PARCEL N0. 2 ~ I OF THE LOXAHATCEE RIVER JUPITER MANORS -SECTION ONE I PpC (PLAT BOOK 12, PAGE 38) ~ INTERSECTION OF THE n =DELTA WEST LINE OF SECTION R = ARCILENGTH 25-40-42 AND C/L OF N.G.V.D. =NATIONAL GEODETIC VERTICAL DATUM ~. =CENTERLINE EL PORTAL (PLAT BOOK 13, PAGE 38) POB =POINT OF BEGINNING WEST LINE OF Poc =POINT OF COMMENCEMENT POT = PANT OF TERMINATION SECTION 25, BEARINGS SHOWN HEREON ARE ASSUMED AND TOWNSHIP 40 SOUTH, RELATIVE TO THE CENTERLINE OF EL PORTAL RANGE 42 EAST HAVING A BEARING OF S88'0T39"E Sheet 2 of 3 m ° SKETCH OF DESCRIP110N S ° OF EASEMENT s ,3 n: SKETCH TQ ACCOMPANY LEGAL DESCRIPTION TMS IS NOT A SURVEY File: 09-102s&d GULPEPPER ~ TERPENING, INC eOSel.dWy CONSULTING ENGINEERS I LAND SURV EYOR$ Qate: 6-25-2009 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 PHONE 772-464-3537 FAX 772-4G4-9497 Tech: GLM ~WCt-eng.com _ SLATE OF FLORIDA CERTIFICATION No. LB 4286 Attachment A Page 6 of 10 Pages Easement No. 41163 SKETCH TO ACCOMPANY ~ LEGAL DESCRIPTION THIS IS N07 A SURVEY ~d 8 1 1 1 1 1 1 1 N ~ cV ~ I- ~ w W ~- _ --- W ------------ ~ ~ _ ~ w U CONCRETE I t~% Q BRIDGE BULKHEAD ~ Z Q TEQUESTA i GRAPHIC SCALE 30 0 15 80 (IX TEE7) 1 lash ~ 9D tt DRIVE ~ X EAST LINE OF THE ~- ~ --- 0 ------------- NORTHERLY FORK OF ~ J THE LOXAHATCHEE RIVER POD ~ Q R-4000.36' ~ 0=0'34'23" ~_~` L= 4-0.01' ~ ~ C=N89'43'29°E ~_ ~-40.01' _ _ ~ (J83'26'00"E ~__.---_ O 0 MEAN HIGH WATER LINE ELEVATION 1.45 NGVD ~ =DELTA R =RADIUS L =ARC LENGTH N.G.V.D. =NATIONAL GEODETIC VERTICAL DATUM ~ = CENTERLINE POB m POINT OF BEGINNING POC =POINT OF COMMENCEMENT POT =POINT OF TERMINATION BEARINGS SHOWN HEREON ARE ASSUMED AND RELATIVE TO THE CENTERLINE OF EL PORTAL HAVING A BEARING OF S88'07'39"E Sheet 3 of 3 ~ ' r R=791.71' j Q=7'13'38" 1=99.86' C=N85'43'46'E 99.80' SKETCH OF DESCRIPTION Flle: 09-,o2s&d CULPEPPER TERPENING, INC eosel:dwg CONSVLTING ENGINEERS I LAND SURVEYORS OF Date: 6-25-2009 2980 SOUTH 25th STREET FORT PIfiRCE, FLORIDA 34981 EASEMENT PHONE 772-4643537 FAX 772-464-9497 Tech: GLM www.ct-eog.com STATE OF FLORIDA CEftT7FICA770N No. LB 4266 Attaclunent A Page 7 of 10 Pages Easement No. 41163 EXHIBIT B LEGAL DESCRIPTION BEING A PORTION OF SUBMERGED LANDS, LYING IN SECTION 25, TOWNSHIP 40 SOUTH, RANGE 42 EAST, PALM BEAGH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT .THE INTERSECTION OF THE CENTERLINE OF EL PORTAL (TEQUESTA DRIVE) AS SHOWN ON THE PLAT OF JUPITER MANOR, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 38 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE WEST LINE OF SAID SECTION 25; THENCE. S88'07'39"E, ALONG SAID CENTERLINE, A DISTANCE OF 1,674.36 FEET; THENCE N01'S2'21"E A DISTANCE OF 73.90 FEET TO A POINT ON THE WESTERLY MEAN HIGH WATER LINE OF THE NORTHERLY FORK OF THE LOXAHATCHEE RIVER AND TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE N26'11'49"W, ALONG SAID WESTERLY LINE, A DISTANCE OF 4.83 FEET; THENCE N78'24'34"E A DISTANCE OF 27.63 FEET; THENCE N85'39'01"E A DISTANCE OF 46.35. FEET TO THE INTERSECTION WITH A NON TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 493.82 FEET, THE CHORD OF WHICH BEARS N89'44'09"E; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 84.98 FEET THROUGH A CENTRAL ANGLE OF .09'51'36" TO THE INTERSECTION WITH A NON TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 687.54 FEET, THE CHORD OF WHICH BEARS S86'34'40"E; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 61.66 FEET THROUGH A CENTRAL ANGLE OF 05'08'20" TO THE INTERSECTION WITI-I A NON TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 2,755.87 FEET, THE CHORD OF WHICH BEARS S8231'01"E; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 59.92 FEET THROUGH A CENTRAL ANGLE OF 01'14'45" TO THE- INTERSECTION WITH A NON TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 1,906.26 FEET, THE CHORD OF WHICH BEARS S82'25'16"E; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 84.32 FEET THROUGH A CENTRAL ANGLE OF 02'32'03" TO THE EASTERLY MEAN HIGH WATER LINE OF THE NORTHERLY FORK OF THE LOXAHATCHEE RIVER; THENCE S50'51'22"W, ALONG SAID EASTERLY LINE, A DISTANCE OF 7.08 FEET; THENCE S63'57'04"W, ALONG SAID EASTERLY LINE, A DISTANCE OF 4:58 FEET; THENCE N85'S5'S6"W A DISTANCE OF S.fiO FEET; THENCE N83'20'48"W A DISTANCE OF 39.62 FEET; THENCE N78'35'43"W A DISTANCE OF 39.63 FEET TO THE INTERSECTION WITH A NON TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 3,144.78 FEET, THE CHORD OF ~ WHICH BEARS N83'32'39"W; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 99.36 a FEET THROUGH A CENTRAL ANGLE OF 01'48'37" TO THE INTERSECTION WITH A NON TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 489.82 FEET, THE CHORD OF WHICH BEARS N84'49'27"W; THENCE WESTERLY ALONG THE ARC OF SAip CURVE, A DISTANCE OF 10.81 FEET THROUGH A CENTRAL ANGLE OF 01'15'53"; THENCE N87'36'1Z"W A DISTANCE OF 16.98 FEET; THENCE N89'50'44"W A DISTANCE ~ OF 48.90 FEET; THENCE S85'39'01"W A DISTANCE OF 62.68 FEET; THENCE S77'11'14"W A DISTANCE OF ~' 26.97 FEET TO THE POINT OF BEGINNING. CONTAINING 2101 SQUARE FEET, MORE OR LESS. 0 ~, NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE 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. 8 ~ NOTE: LANDS OWN HEREON WERE NOT ABSTRACTED FOR RIGHT-OF-WAY AND/OR EASEMENTS OF RECORD. C 1 ~, -~--- ~ i'~IC ael T.__ K~t~d ie jczyi< '~ Signature Date Pr~~e~~lonal S~Irveyor and Mapper FlbrE?~~~Cer~if~cdte No. 3$64 Sheet 1 of 3 I`~~ r ~~ ~Q~SCRIPTION OF EASEMENT File: 09-7025&d CULPEPPER TERPENINCa, !NC ease3.dwg CONSULTING ENGINEERS I LAND SURVEYORS Date: 6-30-2009 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 PHONE 772-4G4-3537 FAX 772-464-9497 Tech: GlM www.ct-eng.com STATE OF FLORIQA CERTIFICATION Na IB 4286 ~~ Attachment A Page 8 of 10 Pages Easement No. 41163 41 N qp~ O SKETCH TO ACCOMPANY GRAPHIC SCALE LEGAL DESCRIPTION ~° 15 ~° THIS IS NOT A SURVEY t ~, ,~ ~ WEST LINE OF THE NORTHERLY FORK 1 tnaA m so !t ' ~ ! OF THE LOXAHATGHEE RIVER I ~ MEAN HIGH WATER LINE R=493.82' 1 ELEVATION 1.45 NGVD a=s•51'3s" ~ UNPLATTED L=84.98' CONCRETE C=N89 44'09"E ~ BULKHEAD s4.$8' ~ I 27.434"~ Ng5'39'01"E 46.35' 78.2 N26'11'49"W 1 4.83' N S85'39 01 W 62.68 9 0 87'36 t2 W 48.90' 16.98' w ~ P OB s7 26197 ~ _ _ _ _ _ _ NORTH ! ~ RIGHT-OF-WAY _ o ~ ~ ~ TEQUESTA DRIVE ~ ^ _ _ __ _ (yJ ~ ~ TEQUESTA ! ~ DR I VE w !' BRIDGE _ ~ EL PORTAL) N ! ~' C/L OF EL PORTAL W ~ o PER {PLAT BOOK 13, PAGE 38) W i z w w ~ (BEARING BASE). ' CONCRETE _ ~ 1 1 S88'07 39"E 1674.36' ! BULKHEAD U ~ 1 _ - -----------------~ _ ---- ~ Z - - J ~ '- ' ' ~ U ' ` x ~. ~ o Q~ ~ ~ ' I ~~ ~ 1 ~ ~~ Q ' ao PARCEL N0. 2 ~ Z JUPITER MANORS -SECTION ONE WEST M.H.W LINE OF (PLAT BOOK 12, PAGE 38) THE NORTHERLY FORK 1 OF THE LOXAHATCEE RIVER P I OC R =RADIUS INTERSECTION OF THE L = ARG LENGTH N.G.V.D. =NATIONAL GEODETIC VERTICAL DATUM WEST LINE OF SECTION ~. m CENTERLINE 25-40-42 AND C/L OF POB = PaNT OF BEGINNING EL POC =POINT OF COMMENCEMENT PORTAL (PLAT BOOK 13, PAGE 38) POT =POINT OF TERMINATION WEST LINE OF SECTION 25, TOWNSHIP 40 BEARINGS SHOWN HEREON ARE ASSUMED AND SOUTH, RELATIVE TO THE CENTERLINE OF EL PORTAL RANGE 42 EAST HAVING A BEARING OF SSI3'07'39"E Sheet 2 of 3 m -_ m ~ SKETCH OF DESCRIPTION O ° OF s EASEMENT ~. n. File: 09-102s&d CUt_PEPPER TERPENING, INC ease3.dwg CONSUlTIN6 EN OIN EE R3 I LAUD SUR VEYO R3 Date: 6-30-2009 2980 SOUTH 25Th STREET FORT PIERCE, FLORIDA 34981 PHONE 772-4G4-3537 FAX 772-4G4-9497 Tech: GLM www.ct-rngcom STATE Of R.ORIDA CER77FfCATION No.IB 4286 Attaclunent A Page 9 of 10 Pages Easement No. 41163 SKETCH TO ACCOMPANY LEGAL DESCRIPTION ~ THIS IS NOT A SURVEY ~ R=687.54' ' " EAST LINE OF THE ' ~=5'08 20 L=s1 ss' R=2755.87 . ' " NORTHERLY FORK OF . ~ C=S86'34'40"E X1 14 45 L=59.92 R=1906.26' THE LOXAHATCHEE RIVER ~ 61.64' C=S82'31'01"E 3" 59.92' 84.32' WATER LINE C=682.25'16"E ELEVATION 1 84.31' 1.45 NGVD ~ R=489.82' ~ 0=1'15'53" _ R=3144.78' " - ' ' ._ N78;3S•43„ i "~ ~~ L=10.81 ~$ ~7 C=N84'49'27"W L=99.36' - _ - 3g.6 ~83~p'48" - ~ 10.81' C=N83'32'39"W 39.62' ~ 99.35' S50'51'22"W • N85 6" 08 -- ------------ N --. ~ - 8 60' S63'57'04"W ~ 4-58' r ~ j w 0 CONCRETE ~ ~ ~ BRIDGE BULKHEAD i w TEQUESTA DRIVE w w ~ ~ = EAST LINE OF THE ~ -- LL1--- U ------------- NORTHERLY FORK OF ~ z ~ THE LOXAHATCHEE RIVER 1 --t ' U Q ~ Q O ~-~- ~ - - - 1 1 >t MEAN HIGH WATER LINE ELEVATION 1.45 NGVD ~ a DELTA R =RADIUS L =ARC LENGTH N.G.V.D. =NATIONAL GEODETIC VERTICAL DATUM ~ =CENTERLINE POB =POINT OF BEGINNING POC =POINT OF COMMENCEMENT POT =POINT OF TERMINATION BEARINGS SHOWN HEREON ARE ASSUMED AND RELATIVE TO THE CENTERLINE OF EL PORTAL HAVING A BEARING OF S88'07'39"E m s SKETCH OF DESCRIPTION g s of EASEMENT N a GRAPHIC SCALE ~ o is so ( nr rest ) 1 laoh ~ 30 f!. Sheet 3 of 3 File: 09--102$&d CULPEPPER 7ERPENING, INC eaSe3.dwg CONSULTING ENGINEERS I LAND SU RY EYO RS Date: 6-30-2009 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 PHONE 772-4G4-3537 FAX 772-4G4-9497 Tech: GLM www.ct-eng.com SI'A1Fi OF FLORIDA CERTIFICATION No. IH 4286 Attachment A Page 10 of 10 Pages Easement No. 41163