The URL can be used to link to this page

Home My WebLink AboutAgreement_Easements_03/11/2010ii~u~~~~~N~gi~ii~N~u~a~~~~i~ t::FN :?talt7~t~1t~4458 O R B Et 2:37 S 1 P G to 213'3 REGORGED 03/19!2010 10:42:29 Record & Return To: Pal^ Beach County, Florida Lori McWilliams Sharon R. Bock, GLERK ~ GOLiPTROLLER vittaaecaerk Pqs 0289 - 294; (6pgs? Village of Tequata 345 Tequesta Drive Tegaeata, Florida 33469 EASEMENT Utility Line Installation and Access for Service TH1S EASEMENT is executed this ~ day of ~ ~~ ~~ C~ ~ 2010, by TEQUESTA IIWESTORS, LP, whose address is 1645 Palm Beach Lakes Boulevard, Suite 1200, West Palm Beach, Florida 33401, 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 refen:ed to as "Grantee." WITNESSETH Thar Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00), 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 as described and depicted on Exhibit "A" attached hereto and made a part hereof (the "Easement Area"), to install utility lines, including, but not limited to, water lines and associated equipment for fire suppression purposes (the "Facilities"), and to use, maintain, repair and replace the Facilities from time to time within the Easement Area. 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 install, use, maintain, repair and replace the Facilities from time to time within the Easement Area Grantor represents and warrants to Grantee that Grantor possesses fee simple title to the Easement Area, and that Grantor is authorized to execute this Easement. By acceptance of this Easement, Grantee covenants and agrees that, in connection with the 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 to its previously undisturbed state, using materials of like kind and quality. Grantee acknowledges that Grantor may continue to use the Easement Area as it deems necessary, prudent and/or appropriate; provided such use does not unreasonably interfere with the use and operation of the Fac i1 ities. -1- Prior to commencing any installation, maintenance, repairand/or replacement ofthe Facilities, Grantee will provide Grantor with at least ten (] 0) days prior written notice; provided, however, such written notice will not be required in emergency situations. 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: -;; ~~L Print: r , s~ Print: ~ ~ .~ {_/ ..~,~ ~.,.~ . ~ GRANTOR: TEQUESTA INVESTORS, LP William Kalb, Trustee; General Partner STATE OF COUNTY OF The foregoing instrument was acknowledged before me this [(lj_ day of ~Q i~C ~ , 2010, by William Kalb, Trustee; General Partner of Tequesta Investors, LP, on behalf of the Partnership, 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 l~ day of /~'~u~-~ fj , 2010. {seal) Notary Signature NOTARIAL SEAL CHRISTINE M ZATAWESKI Notsry Public CANONSBURG 8080., WASHINGTON COUNTY My Commission Expirts Nov 16, 2012 -2- EXHIBIT "A•' EASEMENT AREA ,....a Y. T.dnr. ~.u E. 23rd AVENUE -•P.O. BOX 759 - BOYIYTON BEACH; FLOAIW133435 BOYNTON BEACH phone (S61) 737-6516 • Fsx (561}734=7546 .a~o~erw~wars • tlawers oa+arnuer+ow urou- 10' UTILITY EASEMENT, FOR VILLAGE OF TEQUESTA AI0.00 FOOT WIDE LTTIL.FI'Y EASEMENT LYING IN SECTION 30, TOWNSHIP 40 SOUTH, RANGE 43 EAST, CITY OF TEQUESTA; PALM BEACH COUNTY, FLORIDA SAID EASEMENT BEING T'1~ WEST I O.OQ~EET OF T~ FOLLOWING DESCRIBED PARCEL OF LAND: BEGINNWG AT THE POINT OF INTERSECTION OF A LINE PARALI,II. TO, AND 210 FEET NORTHERLY FROM, MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF SAID SECTION 30, WITH THE EASTERLY RIGHT OF WAY LINE OF STATE ROAD NO. S (U.S. HIGHWAYNO. I ), AS SHOWN ON STATE ROAD DEPARTMENT'S RIGHT OF WAY MAP RECORDED 1N STATE AND COUNTY ROAD PLAT BOOK 2, PAGES 105 TO 1 l8, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE EASTERLY ALONG SAID PARALLEL LINE, A DISTANCE OF 2b3.b5 FEET; THENCE NORTIB:RLY, PARAL I,EL TO AND 2b3 FEET EASTERLY FROM , MEASURED AT RIGHT ANGLES TO, THE EASTERLY RIGHT OF WAY LINE OF SAID STATE ROAD Nt}. 5, A DISTANCE OF 919.78 FEET TO A POINT IN A LINE PARAr.r.p1. TO AND l I27.52 FEET NORTHERLY FROM, MEASURED AT RIGHT ANGLBS TO THE SOUTH LINE OF SAID SECTION 30; THENCE WESTERLY, ALONG SAID PARALLEL LINE, A DISTANCE OF 263.b5 FEET TO A POINT IN SAID EASTERLY RIGHT OF WAY LINE OF STATE ROAD NO. S; THENCE SOUTHERLY ALONG THE SAID EASTERLY RIGHT OF WAY LWE, A DISTANCE OF 919.78 FEET TO THE POINT OF BEGINNING. CERTIFICATION: I HFREHY,~ERTIFY THAT ~ DE$C.ItIP'TION AND TAE ATTAG[~D SI~TCH OF DESCRIPTION WERE PREPARED IN AQ~~ANCE WTIH THE SURVEYING STANDARDS, CHAPTER 61 G176, FiAERIDA ADMINISTRATIVE OBE, SET FORTH BY Tim FI.QRIDA BOARD ~ PR~ESSIONAL SURVEYC+RS AND MAPPERS, PURSUAt~I' TO SECTI0~1472.027, FLORIDA STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AMID BE,1,dFF, UNLESS 1T HEARS THE SIGNATURE AND TAE ORIGINAL RAISID SEAT. OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWWG, SKETC3i, P~,jp-T OA MAP bS FOR II~C)RMATTON PURPC)SES ONLY AND IS NOT VALID BY; FRED LAND SURVEYORt _3285 OF FLORIDA NOTE: THL4I3 NOf A $KETC$ OF SiIRVEY, B(TFONLY A GRAPHIC DEPICTIONS OF THE DF.$CRIPTION SHOWN HEREON, TIIERE HAS BEIN NO FIELD WORK V1EWII~iO OF ~ SUBJSCP PROPERTY, ORMONUME~NTS SET Ild COI~CTION. WTTH Tf~ PRFPARATI~I OF TIIL9 DdFORMATION SHOWN I~REON. NOTE: LANDS 3H0'W1d HI~REON WERE NOTABSTRACTED BY TFiB SURVEYOR FOR RIGRT'$ OF WAYS, F ASIIu1ti~Tl'S OR RESERVATIOTTS OF RECORD ~-~-9g-oB-.o9~ -Silcc~ / off' ~ t8 2102 Joe Tucker wMa ~ P1~orw: boas (bey) aot~49ee .~osErH u. rucuEA. PIS. Faoynbn ~'' ~-e61e 21e~~ R 33136 ' ~~~ t~ ~^ ~ S89' 54' 4 11 263.65' ~ j l _ ~ r t w ~ ~1 t 1 ~ ~ ~ ..[ ~ ai ~ vi a. ~ r~ ~ ~ ~ ~t s> ae f ~ ( b~ ~ ~ t~ N .. I ~ ~ ~ m °°- !~~ ~ ~ a 3 ~ ~ ~ ~~ F- ~ - ,. i~ O ~ ' ~ t ~Q ~ ~I@9'S4' 4T £ . 65' ~~ ~E.ar ~.~ . W y .~ ~ w 1~ ~ °o ~ ~g ~ ~ ~ 1i~W ITE ~. _.... ...r. ~ _. _ ...~ 5t}11TH l t NE SECT t (~ 30 ~~. . 6 ~ ~s -. J ,. ~~w ii NM rEOUESra .~ Z ti r ~ 1 .~ O f N w~ '1 i r ~~; ~.• ~pos e d / 0' (/5/i//~y E4ss~+nenl~ i ~ i ~j ~ I ~ ~~ ~~~ I ~~ "; ~ ; ~ ~ ~ w '~ ~ }~ ~ ~ ~ ~I ~ i II ~ "~f '~~ ' ( .r.'~" :e. o~... WATERWAY R_ pA~ ~- ~ - ----------•- llle ril '~~ ' ~ `~ "~'~ 263._65' } ~- '.."`..' 11 ~. ' I I ~ ~ 1r r fff r ; I i~ try t ` •f ~w~ I I i ' _~.~ .~- - e ~-- ~ ~t 1 ~ ~ ~ ~ ~~t~t s ~~E~! U = W .~. m z ~ ~ I 1 ~; , ~ 4 - .--, ; .- i p ~ ~ V t n R n ~! ~ ~ s ~ ! ~~ •r ~ W S ~~~ _• ~1 /r ~-----g- vi ~ j "y @g $ ggy ~ ~ ._ ~ ~ ~s r i ~ ~ t kS ~C~ ~9 ~ e~~e8! ~CI ~ . ~~ ~/ i ~ PP c ~ spa. 3• i i t -- ~ ~~ ai r iiii ~ 7EE 1 ~ ~ ~ ~ ~=~R~ ~~3~Q431 --~ ~ , ~ _ 1~~" ~ ~~e ~s4~ii91~~~ ~~a ~sY8C3t~3~L ar + ~ w°' ~= yI :,wp^"°~ _ _ 263.65 "Wl.~ Ic- ~ ..w~ir~~;r.: a ~ 1 I ~ ~C,Kt7Nc~7 A ~ ttilMl '~ ~ ~ ~~ ~ ;! E