HomeMy WebLinkAboutAgreement_Easements_01/14/2010 I NSTF: 2209142
OR SY 1:12452 PG 2847
Pos 2847 — 2853; C?cam:qs?
RECORDED 05/11/2010 10:11:06 AM
MARSHA EWING
CLERK OF MARTIN COUNTY FLORIDA
Record & Return To: RECORDED BY S Phoenix.
Lori McWilliams
Village Clerk
Village of Tequesta
345 Tequesta Drive
Tequesta, Florida 33469
EASEMENT
THIS EASEMENT, executed this a 4 day of �' 2010 by THE NATURE
CONSERVANCY, INC., a nonprofit corporation organized and existing under the laws of the
District of Columbia, with offices located at 4245 North Fairfax Drive, Suite 400, Arlington,
Virginia 22203, its successors and assigns, herein called the "Grantor," in favor of the VILLAGE
OF TEQUESTA, a duly incorporated Florida municipal corporation, with offices located at 345
Tequesta Drive, Tequesta, Florida 33469, its successors and assigns, herein called the "Grantee."
WITNESSETH:
WHEREAS, Grantor is the owner of real property with significant ecological, scientific
and aesthetic values known as Blowing Rocks Preserve; and
WHEREAS, Grantor and Grantee have previously entered into an "Easement
Agreement" dated May 27, 1982, and recorded in Official Records Book 547, Page 1021 of the
Public Records of Martin County, Florida, whereby Grantor granted Grantee a permanent
easement over, across, under and through Grantor's property for the purpose of construction,
operation and maintenance of Grantee's water transmission facilities; and
WHEREAS, Grantee has since abandoned said 1982 Easement Agreement by Resolution
No. 1 -10 in exchange for this new, current easement of 240 linear feet in length and 20 feet in
width in another area of the Blowing Rocks Preserve, as more particularly described and
depicted on Exhibit "A" attached hereto and made a part hereof, and
WHEREAS, Grantee has installed water utility lines and facilities in said new easement;
and
WHEREAS, Grantor now desires to convey this new, current easement in accordance
with the agreement of the parties.
NOW THEREFORE, 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:
S: \Laura \blowrock \Water Easement Village ofTiquesta \Easement Agreement- The Nature Conservancy 4- 7- 10.docx
1. Grantor hereby grants Grantee a permanent easement over, across, under and
through that portion of the Blowing Rocks Preserve more particularly described in Exhibit "A"
attached hereto (the "Easement Property") for the purpose of operation and maintenance of
Grantee's water utility lines and facilities, hereinafter referred to as "Facilities." Grantor shall not
place any obstruction in or on the Blowing Rocks Preserve so as to prevent Grantee's right of
ingress and egress for the above - stated purposes.
2. Grantee shall have access to operate, maintain and repair its Facilities as is
necessary. Said access shall be limited, however, to the area immediately adjacent to S.R. A -1 -A
and the Easement Property. Grantee shall not be permitted to disturb any vegetation outside of
the Easement Property and shall otherwise ensure that all of its activities as permitted hereunder,
are conducted in a manner which does not adversely affect the natural, ecological, scientific,
and/or aesthetic values of the Blowing Rocks Preserve and the Easement Property.
3. Grantee shall not remove vegetation from the easement except as is necessary to
maintain and repair its Facilities as is necessary.
4. Grantor shall have no liability for loss of personal property, death or personal
injury which occurs on or about the Easement Property as a result of the use thereof by Grantee,
its agents, independent contractors, employees or invitees. By acceptance of this easement, and
to the extent allowed by law, Grantee agrees to indemnify and to defend and hold harmless
Grantor from and against any claim, loss, cost, damage or expense, asserted against, or incurred
by the Grantor arising out of the use of the easement by Grantee, its agents, independent
contractors, employees or invitees. The foregoing indemnification shall not constitute a waiver
of sovereign immunity beyond the limits set forth at Sec. 768.28, Florida Statutes. In no case
shall such limits extend beyond $100,000 for any one person or beyond $200,000 for any
judgment which, when totaled with all other judgments, arises out of the same incident or
occurrence. Notwithstanding the foregoing, in no event shall Grantee indemnify Grantor for the
negligence or willful or intentional acts or misconduct of the Grantor or its agents, independent
contractors, employees or invitees.
5. By acceptance of this easement, Grantee covenants and agrees that, in connection
with the access to, and construction, maintenance, use, repair or replacement of the Facilities,
Grantee, at its own cost and expense, shall be responsible for returning the Easement Property to
its previously undisturbed state.
6. 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.
S: \Laura \blowrock \Water Easement of Tiquesta \Easement Agreement- The Nature Conservancy 4- 7- 10.docx
IN WITNESS WHEREOF, the Grantor has executed this easement as of the date first
above written.
ATTE TH NATURE CONSERVANCY
ze ,�. .45;
ssist nt Secretary Katherine Skinner
Vice President
A EST: _ •,••, ������ ®� VILLAGE OF TEQUESTA
• �o - -tea �°� ��'�.,�
� n 4 N
N " ANC EaL :=
: DRPORAT
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J' • ;� 19,x:
STATE OF 1 v U r
COUNTY OF _�:)U pA0.
} T . � , h � e foregoing instrument was acknowledged before me this � of rJ , 2010,
by I Wl� r 1Q Y1 (12�Sf21(1 f1Q1Y- as Vice President of The Nature Conservancy, on behalf of same, who is
personally known to me or --AWu has - produced- ---- - -- - as idemifeat —
WITNESS my hand and official seal in the county and state last aforesaid this 1 2 14- 'day of
'11 , 2010.
(seal) ���p\\00�� A LAp0i �''� ary Signature
Notary Public � A,
Durham County
My Commission expires_
12 -28 -2011 a
S: \Laura \blowrock \Water Easement of Tiquesta \Easement Agreement- The Nature Conservancy 4- 7- 10.docx
STATE OF
COUNTY OF r -
The foregoing instrument was acknowledged before me this °``� day of 2010,
by � US , �j r , on behalf of the Village of Tequesta, who is
personally known to me -or- who has pro uced as identification.
WITNESS my hand and official seal in the county and state last aforesaid this day of
2010.
(seal) otary Signature
Lori McWilliams
Commission DD 798791
Expires October 18, 2012
Bonded Th2 Troy Fa*, gAsarm 800.385.7019
S: \Laura \blowrock \Water Easement of Tiquesta \Easement Agreement - The Nature Conservancy 4- 7- 10.docx
EXHIBIT !I A„
24' WATUMAIN EASEMEW
A STRIP OF LAND 20 FEET IN WIDTH, LYING IN FRACTIONAL 'SECTION 19, TOWNSHIP 40 SOUTH,
RANGE 43 EAST, MARTIN COUNTY, FLORIDA. BEING SOUNDED ON THE WEST BY THE EAST
LINE. OF THE ATLANTIC INTRACOASTAL WATERWAY AND 'BOUN'DED ON THE EAST' BY THE
WEST RIGHT -OF -WAY LINE OF STATE ROAD 707 (A -1 —A) AS SHOWN ON THE STATE OF
FLORIDA, STATE ROAD DEPARTMENT RIGHT —OF --WAY 'MAP AS RECORDED IN PLAT BOOK 7,
PAGE 50 OF THE PUBLIC RECORDS - OF MARTIN COUNTY, FLORIDA, THE 'CENTERLINE OF SAID
STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 19, THENCE SOUTH 89'42'36"
EAST, ALONG THE SOUTH LINE OF SAID SECTION A DISTANCE OF 1,917.74 FEET TO A POINT
ON THE APPROXIMATE CENTERLINE OF STATE ROAD NO. 5 (U.S. NO. 1); THENCE NORTH
17"07'23" WEST, ALONG SAID APPROXIMATE CENTERLINE, DISTANCE OF 1,925.40 FEET;
THENCE SOUTH 89'47'10" EAST, A DISTANCE OF 697.52 FEET TO THE APPROXIMATE WEST
HIGHWATER LINE OF THE ATLANTIC INTRACOASTAL. WATERWAY; ,THENCE NORTH 84'"2158"
EAST, ACROSS SAID ATLANTIC INTRACOASTAL WATERWAY, A 'DISTANCE OF 1,020.25 FEET TO
THE EAST LINE OF SAID ATLANTIC INTRACOASTAL WATERWAY AND TO THE POINT OF
BEGINNING OF HEREIN DESCRIBED 'STRIP OF LAND; - THENCE CONTINUE NORTH 84'21'58"
EAST, A DISTANCE OF 18.30 FEET; _THENCE SOUTH 36x50'00" EAST, A DISTANCE OF 1$,94
FEET. THENCE NORTH 63'33'52" EAST, A DISTANCE OF 226.28 FEET TO THE SAID WEST
RIGHT -OF —WAY LINE OF STATE ROAD 'NO. 707 (A -1 —A) AND TO THE POINT OF TERMINATION OF
SAID CENTERLINE.
DESCRUMON CONMITUED ON SHM 2 OF 3
I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION
WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G17-6.
FLORIDA ADMINISTRATIVE ' CODE, AS SET FORTH BY THE FLORIDA BOARD OF
PROFESSIONAL SURVEYORS '& MAPPERS, PURSUANT TO SECTION` 472.027, FLORIDA
STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY °KNOWLEDGE AND BELIEF.
UNLESS IT BEAR THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED , URV t7R AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH' IS FOR
INFO 1QN P POSES ONLY AND IS NOT VALID,
g 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 PROPERY, OR MONUMENTS
SET IN CONK T
WILBUR F._ I �E
EC ION WITH THE ,PREPARATION OF THE ''INFORMATION
PROFESSIONAL LAND SURVEYOR & MAPPER SHOWN HEREON:
I LICENSE NO. 4190, STATE OF FLORIDA NOTE.: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS,
DAT 07 -06 -09 RESTRICTIONS, = RIGHTS— OF—WAY AND EASEMENTS OF RECORD.
? PRQJCT MANAGER ( DfPhRTNENT MtN�GER St�LE: Cff=CicED 8Y
Y1f{)
AARC I SKETCH OF DESCRIPTION 07-06 - 09 �
II CA�I?J U.S., Inc. m� 20' WAlCRMMN EASEMENT FRWECT NUMBER t� YANG NUMBER
I zca vw ray W�� T91; (561 `T• €ag:('561)MI -TZSa � TEQUESTA, FLORIDA RFOO5106
datPatr <.,ees 3 to wuwa3rta4isusca,n I sHFz 1 oF 3 I IRFOIf 11)s•st}o1
IBIT "A
DESCRWnON CON SD FROM sHnT 1 OF 3
THE SIDELINES OF THE HEREIN 'DESCRIBED EASEMENT ARE TO BE LENGTHENED OR
SHORTENED ` SO AS TO MEET AT THE ANGLE POINTS ` FORMED. THE SIDELINES SHALL ALSO
BE LENGTHENED OR SHORTENED SO AS TO TERMINATE ON THE EAST AT THE WEST RIGHT —
OF --WAY LINE OF STATE ROAD 707 (A --1 —A) HAYING A BEARING OF NORTH 23'21''00 WEST.AND
TERMINATING ON THE WEST AT THE EAST LINE OF THE ATLANTIC INTRACOASTAL WATERWAY.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RIGHTS —OF —WAY OF RECORD.
BEARINGS SHOWN HEREON ARE 'BASED ON THE SOUTH LINE OF SAID SECTION 19,
TOWNSHIP 40 SOUTH, RANGE 43 EAST, SAID LINE BEARING SOUTH` 89'42'36" EAST AND ALL
OTHER BEARINGS BEING RELATIVE THERETO',
i
j PROJECT lIANACER DEPART11E4R' >A 5f'he atm uo
': WFO. :WFD _ RRU
"' SNEET nu (yCiE DRAWN By
A n KCADIS
SKETCH OF DESCRIPTION 07 -06-09 X
ARCAt)1$' U.S. IfriC. 20' WATERMAIN EASEMENT PR04ECT tU&W DRAWING WiM
2061 Vista Parkway ' Tel: (MI) 697 -7000 Fax: (561) 07.7751 TEQUESTA, FLORIDA RFOO5106 RFOO51
Q Y. !'7Im 3aach, F xd'.3.' 7 vww a cans us.COm j sw 2 or 3
EMT JT$
SKETCH TO ACCOMPANY DESCRIPTION.
THIS IS NOT A SURVEY! 2°
p \ v}
SLOWING 'ROCKS � �,� �� 0 --� �
LOTS 1 TO 95
SCAL , ._1 ' =100'
P.B. 1, PG. 1
i 7 5 -''
O F 20'
WAfERMAIN EASPiENT' 'y - P.O.T.
WES H . W.L. - 1 {�
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P.O.B. WEST R /w LINE
S,R. `
707
\ _� _ _ _. - _ ._. _.. ..
• S36`50'00 E \ \ APPROX.
(� 1 18.94' \ \ EAT H.W.L.
24 1 19 (BEARING BASE)"" -.....
89'42 36� "�I 9 17
25. 30
w _
APPROXIMATE
I CENTERLINE S.R. NO. 5
P.O.C. (U.S. HIGHWAY NO. 1) \
S.W. CORNER \
SEC. 19- 40--43 q OF 20' 3O
WATERMAIN EASEMENI
-,
SOUTH I' LINE O.R.B. 547, PG. 1021' \ \
SEC. 19-40-43 (TO BE ABANDONED _ \
CENTERLINE P.U.T. - POINT OF TERMINATION \
H.W.L. - HIGH WATER LINE R/W RIGHT -OF -WAY 1
O_R.B. - OFFICIAL RECORDS BOOK R/W RIGHT -OF -WAY
P.8. -- PLAT BOOK S.F.S.R.O STA'iE OF FLORIDA STATE ROAD DEPARTMENT
PGS. PAGES S.R. STATE ROAD
P.O.B. - POINT OF BEGINNING
P.O.C. ;- POINT OF COMMENCEMENT
VRO lWNAG€t} ?EPNtt�tEMT MJ R TAT C D
W.F.D. 1 W F U _ _.. __•_ I -1 tOQ . W.F. Y Anm CAD IS a'
SHEET tITIE GATE: a CrfLtYA1 81'
*1 SKETCH OF DESCRIPTION 07 --06--M I :t.A.F.
PHO tECT uBER MYNIG W {t
ARCADIS U.S., Inc. 7a' 'HATERMAIN EASEMENT I
2081 vsra Parkway Tel: (561)697- 00 Fax: (531) 697.7751 EQUESTA, FLORIDA RFOO5106 ' RA045106 -$D01
Q West Palm BwAFlaida3341t wwwarcadis -us=m SHEEP 3 OF 3
I INSTR IIII1111111111111111 VIII (IIII IIlil IIII IIII _
CIF; P.K i 12452 PG 2°54
P!3s 2854 - 2SL4i (11P9s)
RECORDED 1_19 /11/2010 IA.'11.06 AM
MARSHA EWING
CLERY OF MARTIN COUNTY FLORIDA
RESOLUTION NO. 1- 10 F : E�:oF'OEO BY S Phoenix
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA ABANDONING A 20 FOOT WIDE WATER
UTILITY EASEMENT LYING IN PART OF FRACTIONAL SECTION
19, TOWNSHIP 40 SOUTH, RANGE 43 EAST, MARTIN COUNTY,
FLORIDA, AS RECORDED IN OFFICIAL RECORDS BOOK 547,
PAGES 1021 -1028 OF THE PUBLIC RECORDS OF MARTIN
COUNTY, FLORIDA; DIRECTING THE VILLAGE CLERK TO DO ALL
THINGS NECESSARY TO HAVE THIS RESOLUTION AND ITS
ATTACHMENTS RECORDED IN THE PUBLIC RECORDS OF
MARTIN COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, the Village of Tequesta was previously granted a water utility
easement by the Nature Conservancy which traverses nature Conservancy
property (the Preserve); and
WHEREAS, the Nature Conservancy has now agreed to grant the Village of
Tequesta a new utility easement for additional utility lines, along with a license to
enter the Preserve and effectuate the installation of same, in another area of the
Preserve, in exchange for the Village abandoning the existing easement; and
WHEREAS, the new easement will encumber a much shorter span of
Preserve land than the existing easement encumbers; and
WHEREAS, the Village and the nature Conservancy have executed a Letter
of Understanding dated December 19, 2009, which details the responsibilities and
privileges being assumed by the parties relative to the new easement and the
existing easement; and
WHEREAS, the Village's abandonment of the existing easement is a
requirement of the Letter of Understanding once installation of the Village's new
utility lines in the new easement has been completed; and
WHEREAS, the Village Council finds that the abandonment of the existing
easement in accordance with the terms and conditions of the Letter of
Understanding, including the grant of a new utility easement, is consistent with the
Comprehensive Plan and all municipal regulations of the Village, and is in the best
interest of the health, safety and welfare of the Village and its citizens.
I
NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, FLORIDA AS FOLLOWS:
Section 1: The Village Council of the Village of Tequesta, Florida, hereby
approves the abandonment of the easement as recorded at Bok 547, Pages 1021-
1028 of the Public Records of Martin County, Florida, attached as Exhibit "A" to
this Resolution, and hereby declares said easement to be abandoned.
Section 2: The Village Council of the Village of Tequesta, Florida, hereby
authorizes and directs the Village Clerk to do all things necessary to have this
Resolution and all its Attachments and /or Exhibits be recorded in the Public
Records of Martin County, Florida.
Section 3: This Resolution shall take effect immediately upon adoption.
2
The foregoing Resolution was offered by Council Member Humpage who moved its
adoption. The motion was seconded by Council Member Tumquest and upon being put
to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Pat Watkins x
Vice-Mayor Tom Paterno x
Council Member Vince Arena x
Council Member Jim Humpage x
Council Member Calvin Tumquest x
The Mayor thereupon declared the Resolution duly passed and adopted this 14 day of
January, 2010.
MAYOR OF TEQUESTA
Pat Watkins
ATTEST:
T
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OR
rv'
Lori McWilliams, CMC
S ix-
Village Clerk A oA1
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