HomeMy WebLinkAboutAgreement_Easements_11/30/2009 (2)VILLAGE OF TEQUESTA
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December 17, 2009
Florida Department of Environmental Protection
Attn: Taurean Lewis
3900 Commonwealth Boulevard
Tallahassee, FL 32399-3000
To whom it may concern:
Enclosed is an original easement agreement of the Internal Improvement Trust
Fund of the State of Florida as executed by the Village of Tequesta. When fully
signed by State, please forward an original to my attention for our official files.
Sincerely,
Lori McWilliams, CMC
Village Clerk
345 Tequesta Dr., Tequesta, Fl 33469
561.575.6200 * Fax: 561-575-6203
www.tequesta.org
McWilliams, Lori
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From:
Sent:
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` ~I have several commerl
keith W. Davis [keith@corbettandwhite.com]
Monday, November 30, 2009 2:31 PM
McWilliams, Lori; 'Trela White'
White, Russell; Couzzo, Michael
RE: Easement Agreement Tequesta Bridge -DEP -Bureau of Public Land Administration
~:
0~'~-1. Our Engineers need to verify the correct legal descriptions and sketches attached to the document.
n,~v'` ~- 2. I note that the easement is for 50 years. What happens after that?
~" 3 Note paragraph 2 obligates the Village to any new fees that may be imposed during the term of the easement,
~c k"~~ on a prospective basis.
L.~4. Venue for dispute resolution is in Leon County. Not sure if they'll agree to a PBCounty venue in this case
though.
D~`~ /5. Address for notice is 136 Bridge Road. Is this correct?
~ ~ Keith W. Davis, Esq.
Corbett and White, P.A.
Tel: (561) 586-7116
Board Certified by the Florida Bar in City, County and Local Government Law
From: McWilliams, Lori [mailto:Imcwilliams@tequesta.orgJ
Sent: Monday, November 30, 2009 10:13 AM
To: Trela White; keith W. Davis
Cc: White, Russell; Couzzo, Michael
Subject: Easement Agreement Tequesta Bridge -DEP -Bureau of Public Land Administration
Trela,
Please see the attached easement agreement. Please review before I return it to the FDEP.
Also, this doesn't need to go on the Council Agenda, correct?
Lori
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.4ROiECiION
Village of Tequesta Florida
c/o Public Services Manager
136 Bridge Road
Tequesta, Florida 33469
RE: BOT File No.: 500233976
Lessee: Village of Tequesta, Florida
Dear Mayor Pat Watkins
Florida Department of Charlie Crist
Governor
Environmental proteetlon .-eff Kottkamp
Marjory Stoneman Douglas Building Lt. Governor
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Michael ~y'. Sole
Secretary
November 18, 2009
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
"A4nrc Protection, Less Pruce.rs "
iriti~ir. clop. stcrte.Jl. tts
Billing Contact Person:
Billing Address:
Post Office Box:
City:
State:
BILLING INFORMATION FORM
PAYMENTS FOR LEASE NO.
3 ~ 5~ c G~ ~ Esil~ ~~~ v~
C~uES i ~
f: ~ ~ .r ,~
Zip Code: ~~ ~ /
Telephone Number: (7 ~~ ) ~ 7 ~ ~ ~ Z O `l)
Area Code
Fax Number: ~~(~~d,) S ~ S ~ Z Q,~
E-Mail Address: `t I }-t, ~ -}-~ U ~,j-}'Q ~ fj r
A1Ltti.~Fe
Facility Address: 3~5 // E ~;U~~ / ~ ~~~y~
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city: ~E~~i~F~ r~ , /
State: ~~ Zip Code: ~ ~ 7
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.
[ ~/ J Government Agency: ~~~ `~jU) aCo ~`~~C' `~ (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: c`e .~,
Lessee/Authorized Entity ~~~~ ~,_ Date
For Recurring Revenue Section Use Only
Billing Form to Accountant: / /
Originator's signature
Data Entered by Accountant: / /
Accountant's signature
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00031
j Consumer's Certificate of Exemption; R 04/05
Issued Pursuant to Chapter 212, Florida Statutes 07/07/07
DEPARTMENT
OF REVENUE
85-80126464520-5 07/23/2007 07/31/2012 MUNICIPAL GOVERf~IMENT
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
1. 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 exempt from this rpq~~ire-npnt except when they are the lossor of real property !R~!!e 12A-1.070, F4C~,
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.
6. 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.
This Instrument Prepared By:
Taurean J. Lewis
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
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
THIS 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 Tequesta, 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:
1. 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 containing two 6-inch diameter electrical conduits and the dredging thereof, and Grantee
shall not engage in 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 TO INSPECT: Grantor, or its duly authorized agent, shall have the right at any time to inspect the works
and operations of the 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
WI"ITIESSES:
Original Signature
Print/Type Name of Witness
Original Signature
Print/Type Name of Witness
STATE OF FLORIDA
COUNTY OF LEON
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT' TRUST FUND OF "THE STATE
OF FLORIDA
BY:
(SEAL)
Jeffery M. Gentry, Operations and Management Consultant
Manager, Bureau 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 Improvement Trust Fund of tl~e State
of Florida
"GRANTOR"
The foregoing instrument was acknowledged before the this day of , 20 by
Jeffery M. Gentry, Operations and Mana~emen[ Consultant Manager Bureau of Public Land Administration Division of State
Lands, State of Ploiida Department of Environmental Protection as went for and on behalf of the Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida. He is personally known to me.
APPROVED AS TO FORM AND LEGALITY:
Notary Public, State of Florida
DEP Attorney
Printed, Typed or Stamped Name
My Conunission Expires:
Conunission/Serial No.
WITNESSES:
Original Signature
~~ t (}~ l ~ (,Ui ~ l'~ ac-+'115
Typed/Printed Name of Witness
Original Signature ~
1 / ~
"fyped/Printed Name of Wi[ness
STATE OF ~Gv 2 iDr9
COUNTY OF -~/~ L!~ ~ E~ ~ ty
Village of Teauesta Florida (SEAL)
BY: ~
3a o ~
Original Signature of Executing Aut ority ~
Pat Watkins
Typed/Printed Name of Executing Authority
Title of Executing Authority
"GRANTEE"
The foregoing instrument was acknowledged before me this ~~ day of ~' ~' 1 t%'~ ~Y' 20 C? ~, by
Pat Watkins as Mavor, for and on behalf of VillaKe of Tequesta Florida. She is personally known to me or who has produced
as identification. ~~``~~
My Commission Expires: ,~~ (,~ ~-L ~~ ~t~Cy~~L'~ "~~~
Notary Public, State of FLD~.I D/9
Connnission/Serial No. Printed, Typed or Stamped Name
,~,~:~'~°' Lon McWilliams
s•; ~ := Commission DD 798791
~~.o Expires October 18, 2012
~~~$,`,,t,`f`~` eondod 7'hru Troy PoM trreurance 6pp~5-7079
Page 3 of 10 Pages
Easement No. 41 163
Section: ~ Township: ~ South Range: ~ East
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Attaclunent A
Page 4 of 10 Pages
Easement No. 41163
Facility Address: Tequesta Drive Bridge, Tequesta, Florida
LEGAL DESCRIPTION
BEING A 4.00 FOOT WIDE EASEMENT LYING 2.00 FEET EACH SIDE OF 7HE FOLLOWING
DESCRIBED CENTERLINE, AND BEING A PORTION OF SUBMERGED LANDS, LYENG 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 WTERSECTION WITH A CURVE TO THE LEFT, OF
WHICH THE RADIUS POINT LIES N10'57'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.
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.
1 ;~ ~ ~,
,p <r ,,
~~ ~ ~° ~- a~ -a~
r _~_~__-._.._._ ~_~-.__---._-__~__
-f~lt~~~,e T. kol.~ciz±.ejczyk Signature Date
p~,rof;3~~~~c_?n~~ ~~r'veyor and Mapper
,,?, Fl~rcJa ,~tlfi~~te-. No. 3864
~ r... ? ~"..~.. '7, ' Sheet ~ Of 3
OF
EASEM EN T
File: 09-1025&d CULPEPPER TERPENING, INC
eaSel.dwg CONSULTING ENGINEERS I LAND SURVEYORS
Date: 6-25-2009 2980 SOUTH 25Th STREET
FORT PIERCE, FLORIDA 34981
PHONE 772-4G4-3537 F'AX 772-464.9497
Tech: GLM www•caengcom
STATE OF FLORIDA CERTIFICATION No. I8 4Z86
Attachment A
Page 5 of 10 Pages
Easement No. 41163
SKETCH TO ACCOMPANY
LEGAL DESCRIPTION
1111S IS NOT A SURVEY
^
1
GRAPHIC SCALE ~
~ 0 15 30
>H raer >
- _ ~
~ ~
~
~ 1
~ ~
BRIDGE w
C/L OF EL PORTAL W ~ ~
,
PER (PLAT BOOK 13, PAGE 38) = W ~
CONCRETE ~ W
~ ~
BULKHEAD Q Lv ~
--------------------------------------- ~ ----- - Z -;
I~
~ R=783.19'
X =
U I
A=11'50'59"
O
I
- ,
L=161.98'
N10'57'54"E (RADIAL) c=sa4.57'35"E ._I Q
~ ~
~
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I UNPLATTED
I
~- NORTH'
RIGNT-OF-WAY
TEQUESTA DRIVE
~ TEQUESTA
DRIVE
EL PORTAL)
(BEARING BASE)
I S88'0T39"E 1673.44'
S01'52'21 "W
a 27.61'
~ I° ' P~
to
~' IZ
o° ~
WE5T M.H.W LINE OF d~ ~
THE NORTHERLY FORK PARCEL N0. 2 ~
I // ~ OF THE LOXAHATCEE RIVER JUPITER MANORS -SECTION ONE ~
I PQC (PLAT BOOK 12, PAGE 38)
INTERSECTION OF THE n =DELTA
WEST LINE OF SECTION L = ARCILENGTH
25-40-42 AND C/L OF N.G.V.D. s NATIONAL GEODETIC VERTICAL DATUM
EL PORTAL
(PLAT BOOK 13, ~ =CENTERLINE
PAGE 38) Poe s POINT OF BEGINNING
WEST LINE OF Poc Q POINT OF COMMENCEMENT
SECTION 2
5, POT =POINT OF TERMINATION
TOWNSHIP
40 SOUTH, BEARINGS SHOwN HEREON ARE ASSUMED AND
RELATIVE TO THE CENTERLINE OF EL PORTAL
RANGE 42 EAST HAVING A BEARING of 588'07'39"E Sh
s
m
SKETCH OF DESCRIPTION
8
° OF
°°
~ EASEMENT
s
a`
0.
eet 2 of 3
File: 09-102s&d
easei.dwg
Qate: 6-25-2009
Tech: GLM
CULPEPPER ~ TERPENING, INC
GONSULTINO ENGINEERS I LAND SURVEYORS
2980 SOUTH 25Th S'T'REET
FORT PIERCE, FLORIDA 34981
PHONE 772-4G4-3537 FAX 772-4G4-9497
mww.ct-eng.com
SLATE OF FLORIDA CERTIFiCA770N No. LB 4286
Attachment A
Page 6 of 10 Pages
Easement No. -t T 163
",
e
E
0
.s
0
m
S
v
3
F~
SKETCH TO ACCOMPANY
LEGAL DESCRIPTION
1 THIS IS N07 A SURVEY
~ ~
1
~ GRAPHIC SCALE
~ a u o ~s so
(IX FEET)
1 inch ~ 96 it
~
w
- - ~
I ~ - - --'- - - - ;:
~ N ~
~ ~
~ w
~- _ --- Lt_I
w -------------
~ ~ _
~ w U CONCRETE
(w Q BRIDGE EULKHEAD
~ z ~ TEQUESTA DRIVE
~
~ _I X EAST LINE OF THE
- _ --- ~ ------------- NORTHERLY FORK OF
! ~ THE LOXAHATCHEE RIVER POT
~
Q R=4000.36'
~ !0'34'23"
L=40.01'
'
° _~„`
~
~
~- C=N89'43
29
E
~-40.01'
_ _ ~ N83'26'00"E ~
R=791.71'
~=7"13'38"
L=99.86'
C=N85'43'46°E
99.80'
O
0
MEAN HIGH
WATER LINE
ELEVATION
1.45 NGVD
o = DELTA
R =RADIUS
L =ARC LENGTH
N.G.V.D. =NATIONAL GEODETIC VERTICAL DATUM
~ =CENTERLINE
POB ~ POINT OF BEGINNING
POC =POINT OF COMMENCEMENT
POT s POINT OF TERMINATION
BEARINGS SHOWN HEREON ARE ASSUMED AND
RELATIVE TO THE CENTERLINE OF EL PORTAL
HAVING A BEARING OF 588'07'39"E
Sheet 3 of 3
SKETCH OF DESCRIPTION
g
OF
~ EASEM EN T
N
o.
i'
File: 09-102s&d GULPEPPER TERPENiNG, INC
easel: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 www•ct-eng.cotn
STATE OP FLORIDA CERTIFICATION No. LB 4786
Attachment 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 BEACH 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 586'34'40"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 WITH A NON TANGENT CURVE CONCAVE TO THE SOUTH,
HAVING A RADIUS OF 2,755.87 FEET, THE CHORD OF WHICH BEARS S82'31'01"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'S1'22"W, ALONG
SAID EASTERLY LINE, A DISTANCE OF 7.08 FEET; THENCE 563'57'04"W, ALONG SAID EASTERLY LINE, A
DISTANCE OF 4:5$ FEET; THENCE N85'S5'56"W A DISTANCE OF 8.60 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
~, FEET THROUGH A CENTRAL ANGLE OF 01'48'37" TO THE INTERSECTION WITH A NON TANGENT CURVE
r 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 SAID CURVE, A DISTANCE OF 10.81 FEET THROUGH A CENTRAL
ANGLE OF 01'15'53"; THENCE N87'36'12"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.
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 OWN HEREON WERE NOT ABSTRACTEC
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~ ~ Pr~~e~Sional, Starveyor and Mapper
`Flbr~~$,:,~Cer~if~cdte No. 3864
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FOR RIGHT-OF-WAY AND/OR EASEMENTS OF RECORD.
Signature Date
Sheet 1 of 3
'SCRIPTION FIIB• 09-102S&d CULPEPPER a. TERPENING, INC
ease3.dwg CONSULTING ENGINEERS ~ LAND SURV EYO R3
OF Dote: 6-30-2009 2980 SOUTH 25th STREET
FORT PIERCE, FLORIDA 34981
EASEMENT PHONE 772-464-3537 FAX 772-464-9497
Tech: GLM www.ct-eng.com
_ _ STATE OF FLORIDA CERTIF1CATtON Na. IB 4286
Attachment A
Page 8 of 10 Pages
Easement No. 41163
N
Ni
SKETCH TD ACCOMPANY GRAPHIC SCALE
LEGAL DESCRIPTION ~° 15 ~°
THIS IS NOT A SURVEY 1 ~ a rasr~ ~ 1
WEST LINE OF THE NORTHERLY FORK I
i OF THE LOXAHATCHEE RIVER 1
( ~. MEAN HIGH WATER LINE R=493.82' 1
~ ELEVATION 1.45 NGVD ~s•s1'3s"
~ L=84.98' 1
UNPLATTED CONCRETE c-N89 44'os"E I
BULKHEAD 84.88' I
27~4~4»~ N85'39'01"E 46.35'
I N26'11'49"W NIB. 585'39 01 W 62.68 89 0 87'36 12 W
48.90' 16.98' 1
I 4.83' 14 W
PoB S''2fi g7' 1
`'i -- -- -- ----1
NORTH I ~ 1
RIGHT-OF-WAY I ~ ~ r7 I
TEQUESTA DRIVE I ~ W ~ I
I TEQUESTA I ~, BRIDGE > w ~
DRIVE I ~- ~ ~ ~
N
EL PORTAL) ! ~ C/L OF EL PORTAL W w I
o PER (PLAT BOOK 13, PAGE 38) W w 1
(BEARING BASE) ~ z CONCRETE U ~ i
I S88'0T39"E 1674.36' I _BULKHEAD ~ z
I ~ ----~ _ ----- J
.- Q = i
~~ x ~~
o QI
-1 ~ I
Iw ~_ -- _~ -_ 1
I~ 1
o
o PARCEL N0. 2 I
Z JUPITER MANORS -SECTION ONE
WEST M.H.W LINE OF (PLAT BOOK 12, PAGE 38)
THE NORTHERLY FORK
I OF THE LOXAHATCEE RIVER
P O ~ e =DELTA
I R =RADIUS
INTERSECTION OF THE ~ =ARC LENGTH
N.G.V.D. =NATIONAL GEODETIC VERTICAL DATUM
WEST LINE OF SECTION ~. a CENTERLINE
25-40-42 AND C/L OF POB =POINT OF BEGINNING
POC a POINT OF COMMENCEMENT
EL PORTAL (PLAT BOOK 13, PAGE 38) POT =POINT OF TERMINATION
WEST LINE OF
SECTION 25, BEARINGS SHOWN HEREON ARE A55UMED AND
TOWNSHIP 40 SOUTH, RELATIVE TO THE CENTERLINE OF EL PORTAL
RANGE 42 EAST HAVING A BEARING OF 588'07'39"E Sheet 2 of 3
m - _ __
~ SKETCH OF DESCRIP110N
0
O
OF
s EASEMENT
4
File: 09-1025&d CUt_PEPPER TERPENING, INC
ease3.dwg CONSULTING EN OIN EE RS ~ LAND SURVEYORS
Date: 6-30-2009 2980 SOUTH 25th STREET
FORT PIERCE, FLORIDA 34981
PRONE 772-4G4-3537 FAX 772-4G4-9497
Tech: GLM wcvw.ct-eng.com
STATE OF FLORIDA CERTIFICATION No.IB 4286
Attaclunent A
Page 9 of 10 Pages
Easement No. 41163
SKETCH TO ACCOMPANY
LEGAL DESCRIPTION
THIS IS N07 A SURVEY
1
I
~ R=687.54'
~ ~=5'08'20"
L=61.66'
~ C=S86'34'40"E
~ 61.64'
~i
1
'
~
' R=489.82
X1'15'53"
' _ R=3144.78'
" -
L=10.81 %
~ C=N84'49'27"W L=99.36'
~ 10.81' C=N83'32'39"W
~ 99.35'
~ -- N --- ~ -------------
t LLJ
~ ~
W
W
~
j ~ BRIDGE
~ w
w LLJ
~ c~`'n =
--
--- -------------
~
W
Z. Q
~ ~ _
' U ~
~ Q 0
~ -g- ~ - - -
1
EAST LINE OF THE
R=2755.87' NORTHERLY FORK OF
X1'14'45"
' R=1906
26' THE LOXAHATCHEE RIVER
L=59.92
c=ss2.31'o1"E .
X2'32'03" MEAN HIGH
59
sz' L=84.32' WATER LINE
.
~~ c=ss2.25'1s"E
84.31 ~ ELEVATION
1.45 NGVD
x'51'22"W
7.08'
4.58`
CONCRETE
BULKHEAD
TEQUESTA DRIVE
EAST LINE OF THE
NORTHERLY FORK OF
THE LOXAHATCHEE RIVER
D =DELTA
R =RADIUS
L m ARC LENGTH
N.G.V.D. =NATIONAL GEODETIC VERTICAL DATUM
~ = CENTERLINE
POB =POINT OF BEGINNING
POC =POINT OF COMMENCEMENT
POT =POINT OF TERMINATION
BEARINGS SHOYYN HEREON ARE ASSUMED AND
RELATIVE TO THE CENTERLINE OF EL PORTAL
HAVING A BEARING OF S88'07'39°E
GRAPHIC SCALE
~ 0 i5 30
(~~)
1 fah - 90 ft
MEAN HIGH
WATER LINE
ELEVATION
1.45 NGVD
Sheet 3 of 3
v
m
rn
s SKETCH OF DESCRIPTION
S
s of
EASEMENT
N
Q
d
a
File' 09-1026&d
• CULPEPPER 7ERPENING, INC
BQSe.~S.dWCJ CONSULTING ENGIN EER3 I LAND SU RY EYO RS
Dote: 6-30-2009 2980 SOUTH 25th STREET
FORT PIERCE, FLORIDA 34981
Tech: GLM PHONE 772-4G4-3537 FAX 772-4G4-9497
www.ct-eng.com
SfA18 OF FLORIDA CERTIFICAIION No. LB 4286
Attachment A
Page 10 of 10 Pages
Easement No. 41163