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HomeMy WebLinkAboutAgreement_Easements_11/13/2013 (2) 111111 iltli !till liill 1!111 ill! IIII ' INSTR 2427541 OR BK 2688 PG 2369 (5 Pss) RECORDED 11/20/2013 03:02:23 PM Record &Return To: CAROLYN TIMMANN MARTIN COUNTY CLERK Keith NV. Davis, Esq., Village Attorney Village of Tcquesta 345 Tequesta Drive Tequesta, Florida 33469 EASEMENT Granting Raw Water Main Services THIS EASEMENT is executed this _a day of 2013, by SP BEHAVIORAL, LLC, whose address is 11301 S.E. Tequesta Terrace, Tequesta, Florida 33469, owner 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." WITNESSETH That 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 is hereby acknowledged, does hereby grant to Grantee, its successors and assigns, a non - exclusive perpetual easement over, across and under the property located in Martin County, Florida, particularly described and depicted on Exhibit "A" attached hereto and made a part hereof (the "Raw Water Main Easement Area "), for access, and to install, operate, maintain, repair and replace within the Raw Water Main Easement Area raw water mains (the "Facilities "). Grantor shall not grant any additional easement in, on, over, under or across the Raw Water Main Easement Area, without Grantee's prior written consent, which consent shall not be unreasonably withheld. Grantor shall not interfere with Grantee's utilization and enjoyment of the Raw Water Main Easement Area, including Grantee's access to, and construction, maintenance, use, repair or replacement of the Facilities within the Raw Water Main Easement Area. Grantor represents and warrants to Grantee that Grantor possesses fee simple title to the Raw Water Main Easement Area. By acceptance of this Easement, Grantee covenants and agrees that it shall be responsible for maintaining the Facilities located within the Raw Water Main Easement Area, and that in connection with the access to, and construction, maintenance, use, repair or replacement of the Facilities, Grantee, at its own and sole cost and expense, shall be responsible for returning the Raw Water Main -1- Easement Area to its previously undisturbed state. 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: GRANTOR: Signed, sealed and delivered in the presence of: "OA By. /I Karin Kurtz, CEO, Print: A SP BEHAVIORAL, LLC P 'nt: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of Vibe V , 2013, by Karin Kurtz, who is ersonally known to -or- who has produced as identification. (NOTARY SEAL) No P lic Print Na : ' 4 ;L - 2 -eU9nf)e My commission expires: � a3 ;10% l�Yt � MMANNE DNAWDY f'uMf6 4We of Florida ' My Comm. laft Jun 23, 2017 =� CommhWw I M: 460340 Bono ft N Nftn 4ssn -2- EXHIBIT A RAW WATER MAIN EASEMENT AREA LEGAL DESCIRIPTION AND SKETCH -3- EXHIBIT "A" RAW WATER MAIN EASEMENT SANDY PINES LE DE SC R IPTION A STRIP OF LAND BEING 12.00 FEET IN WIDTH LYING IN THE ABANDONED RIGHT -OF -WAY OF HOMEWOOD STREET, AS SHOWN ON THE PLAT OF HYLAND TERRACE PROPERTIES, AS RECORDED IN PLAT BOOK 11, PAGE 14, PUBLIC RECORDS OF PALM BEACH (NOW MARTIN) COUNTY, FLORIDA AND ABANDONED IN OFFICIAL RECORD BOOK 1744, PAGE 2096, PUBLIC RECORDS OF MARTIN COUNTY, FLORIDA, THE CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF SEMINOLE AVENUE AND THE CENTERLINE OF HOMEWOOD STREET AS SHOWN ON SAID PLAT OF HYLAND TERRACE PROPERTIES, THENCE N 89 °54'04" W, ALONG THE CENTERLINE OF SAID SEMINOLE AVENUE, 19.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE; THENCE S 00 0 05'01" W, ALONG A LINE 6.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF HOMEWOOD STREET (BASIS OF BEARINGS), 137.11 FEET; THENCE S 04 °02'19" E, 125.20 FEET; THENCE S 00 °05'01" W, 92.86 FEET; THENCE S 06 °32'04 "W, 80.11 FEET; THENCE S 00 °05'01" W, ALONG A LINE 6.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF HOMEWOOD STREET, 605.54 FEET TO THE SOUTH LINE OF SAID HOMEWOOD STREET ABANDONMENT AND THE POINT OF TERMINATION OF SAID CENTERLINE. CONTAINING 12490 SQUARE FEET, OR 0.29 ACRES, MORE OR LESS. f DAIL EY AND ASSOCIATES, INC. Surveying and Mapping Q REC50 'T i PRO112 N. U.S. Highway No. 1 FE�M.QN uBVEYOR &IAAPPER Tequesta, FL. 33469 FLORIDA I�F_GI8 aTION NO 6147 Phone: (561) 746 -8424 r, BUSINESS LICENSE: LB# 2799 DATE"'RI ®VK4, SHEET 1 OF 2 JOB NO.: 12 -015 ROW RWM N89 0 54'04 'WJ L— EXHIBIT IlAll SEMINOLE AVE 19.00 P.O.c. SKETCH OF LEGAL DESCRIPTION (ABANDONED) P.O.B. RAW WATER MAIN EASEMENT SANDY PINES o (THIS IS NOT A SURVEY) 0 o W � o 8 s rn�� o 0 D - F m ° 0125.2 9 "E LEGEND G) cr m P.O.C. POINT OF COMMENCEMENT ? S00 P.O.B. POINT OF BEGINNING 92. 6' P.O.T. POINT OF TERMINATION PINE GROVE AVENUE O.R.B. OFFICIAL RECORD BOOK (ABANDONED) =o r o S 6 �? 80.11' ° o0mm W �m��oo �o 12'RAW m 8 rn m WATER MAIN M m CD EASEMENT v Z MAGNOLIA AVENUE (ABANDONED) cn _ m_ m 0 0 K 00 W m o 00m= oo D� � °°' Tm� -CwO 0� 0O o5,nn - �� � oo v � y -A m p m n 120 60 0 120 m � D X GRAPHIC SCALE IN FEET N -< m 1" = 120' � o � o CD CATALPA AVENUE (ABANDONED) DAI AND ASSOCIATES, INC. Surveying and Mapping 0 X 112 N. U.S. Highway No. 1 oOm = Tequesta, FL. 33469 T� -0 X -< C ,,, W Phone: (561) 746 -8424 Z °D n0 P.O T. BUSINESS LICENSE: LB# 2799 DATE: NOVEMBER 4, 2013 SHEET 2 OF 2 JOB NO.: 12 -015 ROW RWM l II11 {i { {I {{ {111{ I { { { I i { III If {I {fll OR QK 2688 PG 2362 (7 P9s) RECORDED 11/20/2013 03:02:23 PM CAROLYN TIMMANN Record & Return To: MARTIN COUNTY CLERK Keith W. Davis, Esq., Village Attorney Village of Tequesta 345 Tequesta Drive Tequesta, Florida 33469 EASEMENT Granting Water Line Services THIS EASEMENT is executed this 13 day of A vc* i e _ 1 , 2013, by SP BEHAVIORAL, LLC, whose address is 11301 S.E. Tequesta Terrace, Tequesta, Florida 33469, owner of the property descri bed 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." WITNESSETH That Grantor, for an i 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 is hereby acknowledged, does hereby grant to Grantee, its successors and assigns, a non- exclusive perpetual easement over, across and under the property located in Martin County, Florida, particularly described and depicted on '_ xhibit "A" attached hereto and made a part hereof (the "Water Line Easement Area "), for access and to install, operate, maintain, repair and replace within the Water Line Easement Area water lines (the "Facilities "). Grantor shall not grant any additional easement in, on, over, under or across the Water Line Easement Area, without Grantee's prior written consent, which consent shall not be unreasonably withheld. Grantor shall not interfere with Grantee's utilization and enjoyment of the Water Line Easement Area, including Grantee's access to, and construction, maintenance, use, repair or replacement of the Facilities within the Water Line Easement Area. Grantor represents avid warrants to Grantee that Grantor possesses fee simple title to the Water Line Easement Area. By acceptanceof thi ; Easement, Grantee covenants and agrees that it shall be responsible for maintaining the Facilities to : ated within the Water Line Easement Area, and that in connection with the access to, and construct] n, maintenance, use, repair or replacement of the Facilities, Grantee, at its own and sole cost and ex ense, shall be responsible for returning the Water Line Easement Area -1- to its previously undisturbed state. This Easement and the terms and conditions con tained 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 execui ed this Easement as of the date first above written. WITNESSES: GRANTOR: Signed, sealed and delivered in the presence of: B y:- `./�� K rin Kurtz, CEO, Print: SP BEHAVIORAL, LLC Print: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 3 day of N1 OUtt&W , 2013, by Karin Kurtz, who is ersona ovm to me -or- who has produced as identification. (NOTARY SEAL) 9 - Not Lry u lic Prin . Name: �'A Y 1 SUZANNE My - Ommission expires: �'� e- -1 a O t 7 , �tAWOY Notary P1m -State of Florida c MY COMM. EWq Jun 23, 2017 COM"d6siM i EE UO340 �ro 9011d@d Through NOW NOtan -2- EXHIBIT A WATER LINE EASEMENT AREA LEGAL DESCRIPTION AND SKE TCH -3- EXHIBIT "A" WATER LINE EASEMENT SANDY PINES LEGAL DESCRIPTION A STRIP OF LAND BEING 12.00 FEET IN WIDTH LYING IN BLOCK 20, BLOCK 26, BLOCK 32, AND THE ABANDONED SEMINOLE AVENUE, PINE GROVE AVENUE, MAGNOLIA AVENUE AND HOMEWOOD STREET, AS SHOWN ON THE PLAT OF HYLAND TERRACE PROPERTIES, AS RECORDED IN PLAT BOOK 11, PAGE 14, PUBLIC RECORDS OF PALM BEACH (NOW MARTIN) COUNTY, FLORIDA, THE CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID BLOCK 20; THENCE S 00 °01'01" W ALONG THE WEST LINE OF SAID BLOCK 20 (BASIS OF BEARINGS), 42.00 FEET TO THE POINTOF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE; THENCE S 89 °58'59" E, 133.00 FEET; THENCE S 21 °22'11" E, 33.38 FEET TO REFERENCE POINT "A ", THENCEN 68 °37'49" E, 26.44 FEET TO REFERENCE POINT "C ", THENCE N 47 °38'03" E, 113.69FEET; THENCE S 88 °59'55" E, 128.28 FEET TO REFERENCE POINT "D "; THENCE S 88 °59'55 E, 86.78' FEET TO REFERENCE POINT "E ", THENCE S 43 °49'24" E, 63.36 FEET TO REFERENCE POINT "F "; THENCE S 43 °49'24" E, 69.81 FEET; THENCE S 01'12'03" E, 91.58 FEET; THENCE S 00 °14 "58" E, 236.02 FEET; THENCE S 44 °50'17" W, 14.77 FEET; THENCE S 45 °37'00" E, 42.07 FEET TO REFERENCE POINT "G "; THENCE S 45 °37'00" E, 30.24 FEET; THENCE S 00 0 43'27" W, 141.79 FEET; THENCE S 45 °18'07 W, 147.03 FEET; THENCE S 57 0 10'08" W, 2.73 FEET TO REFERENCE POINT "H "; THENCE S 57 °10'08" W, 27.02 FEET TO REFERENCE POINT "I ", THENCE S 57 °10'08" W, 75.67 FEET; THENCE N 74 °15'47" W, 38.11 FEET; THENCE N 35 °29'02" W, 114.81 FEET; THENCE N 38 °21'38" W, 91.27 FEET; THENCE S 55 °47'14" W, 160.48 FEET; THENCE N 88 0 17'10" W, 117.40 FEET; TO THE WEST LINE OF SAID BLOCK 32 AND THE POINT OF TERMINATION OF SAID CENTERLINE.THE SIDE LINES OF SAID EASEMENT TO BE LENGTHENED OR SHORTENED TO INTERSECT WITH THE WEST LINE OF BLOCK 32. TOGETHER WITH A 12.00 FOOT WIDE STRIP WITH THE FOLLOWING DESCRIBED CENTERLINE; BEGINNING AT THE AFOREMENTIONED REFERENCE POINT "A "; THENCE S 21'22'11" E, 39.28 FEET TO REFERENCE POINT "B ", THENCE S 21'22'11" E, 37.46 FEET; THENCE S 59 °08'39" E, 47.25 FEET TO THE POINT OF TERMINATION OF SAID CENTERLINE. TOGETHER WITH A 12.00 FOOT WIDE STRIP WITH THE FOLLOWING DESCRIBED CENTERLINE; BEGINNING AT THE AFOREMENTIONED REFERENCE POINT "B "; THENCE S 68 °37'49" W, 42.13 FEET TO THE POINT OF TERMINATION OF SAID CENTERLINE. c ®+'' DAILEY ��--� .. ��'' - °° -- �� 1 • `�` � AND ASSOCIATES, INC ' Surveying and Mapping GREG Z C KEF�;.;7 �" = 112 N. U.S. Highway No. 1 PROFE SI NAL SURVEYOR Z.- MA -PPER Tequesta, FL. 33469 FLORI[a bISlJlA 'IX)WR6,: 8447 - Phone: (561) 746 -8424 r "°,a •. ,�;,±���� t '�-'' ° BUSINESS LICENSE: LB# 2799 DATE: N, joefk k,Zf-��� t . = ♦♦ SHEET 1 OF 4 JOB NO.: 12 -015 WE EXHIBIT "A" WATER LINE EASEMENT SANDY PINES LEGAL DESCRIPTION TOGETHER WITH A 12.00 FOOT WIDE STRIP WITH THE FOLLOWING DESCRIBED CENTERLINE; BEGINNING AT THE AFOREMENTIONED REFERENCE POINT "C'; THENCE S 35 °56'08" W, 17.20 FEET; THENCE S 21 E, 26.10 FEET TO THE POINT OF TERMINATION OF SAID CENTERLINE. TOGETHER WITH A 12.00 FOOT WIDE STRIP WITH THE FOLLOWING DESCRIBED CENTERLINE; BEGINNING AT THE AFOREMENTIONED REFERENCE POINT "D'; THENCE S 01 W, 12.00 FEET; THENCE S 88 0 59'55" E, 8.70 FEET; THENCE S 01 W, 15.94 FEET TO THE POINT OF TERMINATION OF SAID CENTERLINE. TOGETHER WITH A 12.00 FOOT WIDE STRIP WITH THE FOLLOWING DESCRIBED CENTERLINE; BEGINNING AT THE AFOREMENTIONED REFERENCE POINT "E'; THENCE N 85 0 37'28" E, 94.81 FEET; THENCE S 08 0 02'43" E, 43.91 FEET; THENCE S 89 °54'04" E, 15.66 FEET TO THE POINT OF TERMINATION OF SAID CENTERLINE. TOGETHER WITH A 12.00 FOOT WIDE STRIP WITH THE FOLLOWING DESCRIBED CENTERLINE; BEGINNING AT THE AFOREMENTIONED REFERENCE POINT "F'; THENCE N 46 °10'36" E, 26.01 FEET TO THE POINT OF TERMINATION OF SAID CENTERLINE. TOGETHER WITH A 12.00 FOOT WIDE STRIP WITH THE FOLLOWING DESCRIBED CENTERLINE; BEGINNING AT THE AFOREMENTIONED REFERENCE POINT "G "; THENCE S 44 0 23'00" W, 19.71 FEET TO THE POINT OF TERMINATION OF SAID CENTERLINE. TOGETHER WITH A 12.00 FOOT WIDE STRIP WITH THE FOLLOWING DESCRIBED CENTERLINE; BEGINNING AT THE AFOREMENTIONED REFERENCE POINT "H'; THENCE N 32 °49'52" W, 79.37 FEET TO THE POINT OF TERMINATION OF SAID CENTERLINE. TOGETHER WITH A 12.00 FOOT WIDE STRIP WITH THE FOLLOWING DESCRIBED CENTERLINE; BEGINNING AT THE AFOREMENTIONED REFERENCE POINT "I "; THENCE N 32 °49'52" W, 72.17 FEET TO THE POINT OF TERMINATION OF SAID CENTERLINE. TOGETHER WITH A 12.00 FOOT WIDE STRIP WITH THE FOLLOWING DESCRIBED CENTERLINE; BEGINNING AT THE AFOREMENTIONED REFERENCE POINT "J "; THENCE N 89 0 00'11" W, 93.09 FEET; THENCE S 00 0 59'49" W, 12.80 FEET TO THE POINT OF TERMINATION OF SAID CENTERLINE. D A TT EV TOGETHER WITH THE NORTH 20.00 FEET OF AND ASSOCIATES, INC. THE EAST 20.00 FEET OF SAID BLOCK 20. Surveying and Mapping 112 N. U.S. Highway No. 1 CONTAINING 31,873 SQUARE FEET OR Tequesta, FL. 33469 0.73 ACRES, MORE OR LESS. Phone: (561) 746 -8424 BUSINESS LICENSE: LB# 2799 DATE: NOVEMBER 4, 2013 SHEET 2 OF 4 JOB NO.: 12 -015 WE EXHIBIT " A " SKETCH OF LEGAL DESCRIPTION WATER LINE EASEMENT SANDY PINES I (THIS IS NOT A SURVEY) HOMEWOOD STREET (ABANDONED) I 20'x20' (PER O.R.B. 1744, PG 2096) W U- P.O.T. WATER S01 "E S00 014'58 "E Z O �- S89 0 54'04 "E It EASEMENT 91.58' 236.02 J �- S08 °02'43 "E 15.66 �) U W 43.91' N 10'36 "E 1--- 26.01' Q w POINT " I U) N85°312 -8 "E I S43 0 49'24 "E "J" I N89 °00'11 93.09' 94.81' IP.O.T 69.81' POINT "F" 12'VVATER �-- POINT S43 0 49'24 "E LINE EA EMENT w Lo w "E" 63.36' S00° 9'49 "W W Cj o E 12.80' P. o_ z 86.78' POINT S01 "W Q CD 15.94' P.O.T. m j c�°.i S88 °59'55 "E p O W p 0 8.70' BLOCK I F- `` w a P / 501 °00'05 "W 20 w O 4 12'00 HYLAN TERRA E o a w I S88 °59'55 "E m m o. ao ao o ao z 128 28' PROPERTIES C9 : � GRAPHIC SCALE IN FEET 11 _ PLAT BOOK 11, PAGE 14) z 0 1 - 80 12' WATER a- a w LINE EASEMENT IL p N47 0 38'03 "E a 113.69' S21 1 'E P.O.T. \ S35 0 56'08 "W 26.10 559 008'39 "E LEGEND p 17.20 z POINT \ P.O.T. 47.25' P.O.B. POINT OF BEGINNING "C" 521°22'11 "E P.O.T. POINT OF TERMINATION N68 0 3749 " E 37.46 O.R.B. OFFICIAL RECORD BOOK 126.44" POINT 00 B c POINT S68 0 37'49 "W w O "A" 42.13 Q w ° " I S21022'11" P.O.T. J z0 39.28 O ❑ S21022'11 "E N21 °22'11 "W Z Q ro 33.38' 26.10' U) < b S89 °5.00' DAILEY � Q O 133.00' w S00 °01'01 "W AND ASSOCIATES, INC. P.O a 42.00' BASIS OF BEARINGS Surveying and Mapping S00 °01'01"W 112 N. U.S. Highway No. 1 P.O.B. FOREST STREET Tequesta, FL. 33469 (ABANDONED) (PER O.R.B. 1744, PG 2096) Phone: (561) 746 -8424 BUSINESS LICENSE: LB# 2799 DATE: NOVEMBER 4, 2013 SHEET 3 OF 4 JOB NO.: 12 -015 WE EXHIBIT "A" SKETCH OF LEGAL DESCRIPTION WATER LINE EASEMENT SANDY PINES POINT (THIS IS NOT A SURVEY) HOMEWOOD STREET _ (ABANDONED) "— W S44-50'17W O.R.B. 1744, PG 2096) Oz 14.77 S45°37'00"E 00 °43'27 'W 30.24 12' WATER w U _ ° 141.79 LINE EASEMENT Q S44 93� 0 W 545°18'07 "W w S45°37'00 "E 147.03' w \ 4.07 S57 °10'08 "W ci� S00 °14'58 "E \� POINT 2.73' L 236.02 `, ' P.O.T. CD ..H.. 0 N N32 0 49'52 "W S57 0 10'08 "W a 79.37' 27.02' :3:$ P.O.T. POINT W— r N32 049'52 "W r --IS57010'08" "I 0' UTILITY EASEMENT Q � 72.17' W \ O.R.B. 785, PG. 159 :J O P.O.T. 75- 7' (TO BE ABANDONED) O m / Z w N35°29'02 "W / e0 40 o 80 a 114.81' GRAPHIC SCALE IN FEET BLOCK 12' WATER _ 1 �l - 80 26 z0 LINE EASEMENT / N74 0 15'47 "W HYLAND TERRACE Z 38.11 PROPERTIES m (PLAT BOOK 11, PAGE 14) ¢ BLOCK N38 0 21'38 "W 32 LEGEND 91.27 H LAND TERRACE P.O.C. POINT OF COMMENCEMENT PROPERTIES P.O.B. POINT OF BEGINNING (P T BOOK 11, PAGE 14) P.O.T. POINT OF TERMINATION O.R.B. OFFICIAL RECORD BOOK S55 0 47'14 "W 160.48' II DAMEY P. O.T. 888 0 17'10 "W AND ASSOCIATES, INC. 117.40' Surveying and Mapping 112 N. U.S. Highway No. 1 100.04' Fl - I Tequesta, FL. 33469 FOREST STREET Phone: (561) 746 -8424 BUSINESS LICENSE: LB# 2799 (ABANDONED) (PER O.R.B. 1744, PG 2096) DATE: NOVEMBER 4, 2013 SHEET 4 OF 4 JOB NO.: 12 -015 WE . 111111111li1 ilili Iilll II111 ilil i!!i INSTR 0 2427539 OR GK 2688 PG 2357 (5 F9s) RECORDED 11/20/2013 03:02:23 PM CAROLYN TIMMANN Record & Return To: MARTIN COUNTY CLERK. Keith W. Davis, Esq., Village Attorney Village of Tequesta 345 Tequesta Drive Tequesta, Florida 33469 EASEMENT Granting Water Main Services THIS EASEMENT is executed this _W day of &, &qje.1 2013, by SP BEHAVIORAL, LLC, whose address is 11301 S.E. Tequesta Terrace, Tequesta, Florida 33469, owner 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." WITNESSETH That 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 is hereby acknowledged, does hereby grant to Grantee, its successors and assigns, a non- exclusive perpetual easement over, across and under the property located in Martin County, Florida, particularly described and depicted on Exhibit "A" attached hereto and made a part hereof (the "Water Main Easement Area "), for access, and to install, operate, maintain, repair and replace within the Water Main Easement Area water mains (the "Facilities "). Grantor shall not grant any additional easement in, on, over, under or across the Water Main Easement Area, without Grantee's prior written consent, which consent shall not be unreasonably withheld. Grantor shall not interfere with Grantee's utilization and enjoyment of the Water Main Easement Area, including Grantee's access to, and construction, maintenance, use, repair or replacement of the Facilities within the Water Main Easement Area. Grantor represents and warrants to Grantee that Grantor possesses fee simple title to the Water Main Easement Area. By acceptance of this Easement, Grantee covenants and agrees that it shall be responsible for maintaining the Facilities located within the Water Main Easement Area, and that in connection with the access to, and construction, maintenance, use, repair or replacement of the Facilities, Grantee, at its own and sole cost and expense, shall be responsible for returning the Water Main Easement Area -1- to its previously undisturbed state. 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: GRANTOR: Signed, sealed and delivered in the presence of: By: Karin Kurtz, CEO, - *• ev uVueArrnv AT r r 0 rin STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of tAQUe.mbe;r 2013, by Karin Kurtz, who is personally known to me -or- who has produced as identification. (NOTARY SEAL) Notary ub 'c Print Name: SU 7-an (e 1)m E4 SU MME My commission expires: e dun � 00". lot" Jun 23, 2017 00 ""SW 1 # EE 880340 X08 Mn11 Nmar -2- EXHIBIT A WATER MAIN EASEMENT AREA LEGAL DESCRIPTION AND SKETCH -3- EXHIBIT "A" WATER MAIN EASEMENT SANDY PINES LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE ABANDONED RIGHT -OF -WAY OF FOREST STREET, AS SHOWN ON THE PLAT OF HYLAND TERRACE PROPERTIES, RECORDED IN PLAT BOOK 11, PAGE 14, PUBLIC RECORDS OF PALM BEACH (NOW MARTIN) COUNTY, FLORIDA AND ABANDONED IN OFFICIAL RECORD BOOK 1744, PAGE 2096, AND OFFICIAL RECORD BOOK 2625, PAGE 2076, PUBLIC RECORDS OF MARTIN COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF FOREST STREET AND THE CENTERLINE OF SEMINOLE AVENUE AS SHOWN ON SAID PLAT OF HYLAND TERRACE PROPERTIES; THENCE S 89 °54'04 "E ALONG SAID CENTERLINE, 11.00 FEET TO THE POINT OF BEGINNING; THENCE S 89 0 54'04" E, 12.00 FEET; THENCE S 00 °01'01" W ALONG A LINE 2.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF FOREST STREET (BASIS OF BEARINGS), 61.00 FEET; THENCE S 89 °58'59" E, 2.00 FEET; THENCE S 00 °01'01 "W, 12.00 FEET; THENCE N 89 °58'59" W, 2.00 FEET; THENCE S 00 °01'01" W, 498.00 FEET TO REFERENCE POINT "A ", THENCE N 89 °54'04" W, 12.00 FEET; THENCE N 00 °01'01" E, 571.00 FEET TO THE POINT OF BEGINNING. PARCEL 2 COMMENCE AT THE AFOREMENTIONED REFERENCE POINT "A ", THENCE S00 °01'01" W, 50.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 00 °01'01 W, 94.10 FEET; THENCE N 88 °17'10" E, 2.00 FEET; THENCE S 00 °01'01" W, 12.01 FEET; THENCE S 88 °17'10" W, 2.00 FEET; THENCE S00 °01'01" W, 485.89 FEET TO THE SOUTH LINE OF THE ABANDONMENT OF FOREST STREET AS RECORDED IN OFFICIAL RECORD BOOK 2625, PAGE 2076; THENCE N 89 0 54'04" W, 12.00 FEET; THENCE N 00 0 01'01" E, 592.00 FEET; THENCE S 89 °54'04" E, 12.00 FEET TO THE POINT OF BEGINNING. PARCELS 1 AND 2 CONTAIN 14,004 SQUARE FEET, OR 0.32 ACRES, MPRE OR LESS. DAILEY 6 P v ti ° o s •� n ; " AND ASSOCIATES, INC. Surveying and Mapping GREGD _; . TUEi •° 112 N. U.S. Highway No. 1 PROFS NAL, SURVEYOR.kWAPPER < < • Tequesta, FL. 33469 FLORIi,�A�EGI RATICflQ N0•�6147, Phone: (561) 746 -8424 { *w BUSINESS LICENSE. LB# 2799 DATlt NOVEfi' 134 4�_2Q13`` SHEET 1 OF 2 JOB NO.: 12 -015 ROW WM EXHIBIT "A" SKETCH OF LEGAL DESCRIPTION WATER MAIN EASEMENT SANDY PINES (THIS IS NOT A SURVEY) S89 0 54'04 "E P.O.B. S89 °54'04 "E 11.00' 12.00' SEMINOLE AVE P.O.C. S00 0 01'01 "w ABANDONED 61.00' /�:i _ - - - - -- S8 °58' 9 "E /'\-- 2' "ATER LINE m S 0 0 0101" EASEMENT LEGEND ;U 12.00' BL CK C2 P.O.C. POINT OF COMMENCEMENT m 2 P.O.B. POINT OF BEGINNING W W N8 °58' 9" \\ PG PAGE Z = .00' J O.R.B. OFFICIAL RECORD BOOK v -� �mO� PINE GROVE AVENUE G) D m (ABANDONED) co ., 00° 1'01 "W 4 )8.00' BL C N00 °01'01 "E 1 2'Wj kTER 2'W MA114 26 571.00' EA EM NT HY N PARCEL 1 RO ERT ES N89 054'04 "W ( LAT 300 < 11, PAGE 14 12.00' O "A" S00 °01'01 "W P.O.B. MAGNOLIA AVENUE 50.00' (ABANDONED) S89 °54'04 "E SO °O1' 1" i ' 94.1 12.00 N8 °� 10"E I BL C C 2.0 ' 3 \ I PARCEL2 00° 1'0 "w 12.01' N00 0 01'01 "E 88017'10"W 12' ATE LI E 592.00' 2 00' SE ENT CATALPA AVENUE 160 e0 0 160 m (ABANDONED) GRAPHIC SCALE IN FEET X o -n 1" = 160' W � SO °O1' 1" 0o Z =m Z o -q BLOCK G7 D m 3 DAI LEY CD AND ASSOCIATES, INC. 0) Surveying and Mapping WOODLAND AVENUE 112 U.S. Highway No. 1 N89 °54'04 "W ABANDONED Tequesta, FL. 33469 12.00' ( RB 625 PG. Wi Phone: (561) 746 -8424 BUSINESS LICENSE: LB# 2799 DATE: NOVEMBER 4, 2013 SHEET 2 OF 2 JOB NO.: 12 -015 ROW WM